HomeMy WebLinkAboutMinutes - City Council - Regular - 1/22/2004CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
JANUARY 22, 2004
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 22nd
day of January, 2004 in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:31 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Council Member Gary O. Boren, Council
Member Jim Gilbreath, Council Member Victor Hernandez, Council
Member Tom Martin, Council Member Frank W. Morrison
Absent: Mayor Pro Tern T. J. Patterson
CITIZEN COMMENTS
One citizen expressed comments to the Council.
Terry Henrie, 9301 CR 7100, Wolfforth, TX 79382 expressed concerns of
fair process in granting the grazing lease to Terry Crofoot (Item No. 28).
Mr. Henrie asked that City Council table this item for today.
Mayor McDougal asked City Attorney Anita Burgess to have one of her
staff meet with Mr. Henrie.
EXECUTIVE SESSION
Mayor McDougal stated: "City Council will hold an Executive Session
today for the purpose of consulting with the City Staff with respect to
pending or contemplated litigation; purchase, exchange, lease or value
of real property; personnel; deployment and/or implementation of
security personnel or devices; competitive matters of the public power
utility; and review certified agenda from the prior executive session as
provided by Subchapter D of Chapter 551 of the Government Code,
the Open Meetings Law."
7:43 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present.
(1.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A), to discuss pending or contemplated
litigation (Gas Utility; Information Technology; Parks; Water
Utilities).
(2.) 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 (Overton; Parks).
(3.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters (City
Manager) and take appropriate action.
(4.) 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:
Animal Shelter Advisory Committee
Appointments Advisory Board
Board of Health
Community Development and Services Board
Keep Lubbock Beautiful Advisory Committee
Neighborhood Redevelopment Commission
North Overton Tax Increment Financing
Park and Recreation Board
Zoning Board of Adjustment
Regular City Council Meeting
January 22, 2004
Page 52
(5.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.076, to deliberate the deployment and/or
implementation of security personnel or devices (Police).
(6.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, on the following competitive matters (Electric
Utilities):
to deliberate, vote and take final action on electric rates of
Lubbock Power and Light;
to discuss and deliberate a competitive matter regarding the
operation, governance, organization, and business plans,
options and studies of the City's electric utility, Lubbock
Power and Light;
to discuss, deliberate and take final action on a competitive
matter regarding plans or contracts related to the repair and
maintenance of generation facilities; and
to deliberate, vote and take final action on a competitive
matter regarding the sale and/or exchange of natural gas
pipelines and natural gas service and transportation contracts
by the City of Lubbock.
(7.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.103, to review certified agenda from the prior
executive session (City Secretary).
9:42 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal; Mayor Pro Tern T. J. Patterson; Council
Member Gary O. Boren; Council Member Jim Gilbreath; Council
Member Victor Hernandez; Council Member Tom Martin; Council
Member Frank W. Morrison; Quincy White, Acting City Manager;
Anita Burgess, City Attorney; Richard Casner, First Assistant City
Attorney; Rebecca Garza, City Secretary
Absent: No one
Mayor McDougal called the meeting to order at 9:42 A. M.
(8.) Invocation by Reverend Eutimio Gonzalez, Senior Minister of Templo
Nazaret Church.
(9.) Pledge of Allegiance was given in unison by those in the City Council
Chambers to both the United States flag and the Texas flag.
BOARD APPOINTMENTS RECOGNITION
Board of Community Development and Services
Receiving: Don Bridgers
Board of Neighborhood Redevelopment Commission
Receiving: Scott Scarborough
Board of Youth Commission
Receiving: John Ysasaga
CITIZEN APPEARANCES
(10.) Presentation by Youth Corps Board to the Parks and Recreation
Department in appreciation for their support of this program.
Youth Corps is an outstanding program focused on training future leaders
between the ages of 15 to 18. The Parks and Recreation Department has
partnered with Youth Corps since the summer of 2000 by providing
opportunities for ten to fifteen cadets to work part-time for the Parks
Department during the summer. The program encourages a strong work
ethic and gives the cadets experience in the workforce.
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Regular City Council Meeting
January 22, 2004
Page 53
David George recognized Cathy Koonsman, Director of the Youth Corps.
Mr. George also recognized the Parks and Recreation Department for their
support of this program.
Accepting were Randy Truesdell, Parks and Recreation Director; Corbin
Pemberton, Community Projects Manager; and Benito Ortiz, Park
Maintenance Supervisor.
Bill Sowder, Lubbock County District Attorney, also presented a plaque to
Acting City Manager Quincy White for his tireless efforts with the Youth
Corps. Mr. White is a member of Lubbock Youth Corps.
The next item considered was Item 11A.
(11.) Presentation proclaiming a Day of Prayer and Fasting for Rain.
This item was considered following Item 11A.
With the current drought of our land, January 25, 2004, is being
proclaimed as a Day of Prayer and Fasting for Rain. All citizens are being
asked to take time for prayer and fasting for the nourishment of our lands.
Mayor McDougal asked Council Member Boren and Mayor Pro Tern
Patterson to assist him. Mayor Pro Tern Patterson read the proclamation.
County Judge Tom Head and Pray Lubbock member Steve Doles gave
comments. Mr. Doles also recognized the following ministers: Porfirio
Bas, Primera Iglesia Bautista Church; David Langford, Quaker Avenue
Church of Christ; and Jackie White, Church on the Rock.
The next items considered were Items 14-36.
(11A.) Presentation to the City of Lubbock by Habitat for Humanity.
This item was considered following Item 10.
Habitat for Humanity requested an opportunity to present the City of
Lubbock with a check for the amount of money the Lubbock Habitat for
Humanity homebuyers have added to the property tax base in Lubbock.
John Mallory, Executive Director of Habitat for Humanity, recognized the
Lubbock Central Appraisal District (LCAD). Connie Flores told how she
got her new home through Habitat for Humanity. Ms. Flores then
presented the check to Epi Aguirre, who accepted for LCAD.
The next item considered was Item 11.
CONSENT AGENDA (Items 12-36)
Motion was made by Council Member Morrison, seconded by Council
Member Patterson to approve Items 12-22, 24-26, 29-31, 33-35 on consent
agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(12.) Approval of Minutes: January 7, 2004
Special City Council Meeting
January 8, 2004
Regular City Council Meeting
(13.) ORDINANCE #2004-00002—Ordinance abandoning and closing a
blanket garbage collection easement and a blanket underground
utility easement and a transformer pad easement located in Tracts F-3
and F-4, Shadow Hills Addition to the City of Lubbock (5822 41h
Street) (second and final reading).
ORDINANCE NO. 2004-00002
AN ORDINANCE ABANDONING AND CLOSING A BLANKET GARBAGE
COLLECTION EASEMENT AND BLANKET UNDERGROUND UTILITY AND
TRANSFORMER PAD EASEMENT LOCATED IN TRACTS F-3 AND F-4,
SHADOW HILLS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS
ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL
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Regular City Council Meeting
January 22, 2004
Page 54
MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
(14.) ORDINANCE #2004-00003—ZONE CASE NO. 2990 (East of
Upland Avenue near 39th Street): Ordinance to consider the request
of Tim and Melissa Oliver for zoning change from T to IDP on 5 acres
of unplatted land out of Section 38, Block AK (second and final
reading).
ORDINANCE NO. 2004-00003
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2990; A ZONING CHANGE FROM T TO IDP
ZONING ON 5 ACRES OUT OF SECTION 38, BLOCK AK, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
(15.) ORDINANCE #2004-00004—ZONE CASE NO. 2991 (North of 1081h
Street and east of Elgin Avenue): Ordinance to consider the request
of Joe Stettheimer (for Joe Stettheimer Development) for a zoning
change from T to R-1 Specific Use (for garden homes) with 20 foot
front setbacks, 5 foot setbacks on cul-de-sac lots and 5 foot side
setbacks on corner lots on 13.04 acres of unplatted land out of
Sections 19 and 20, Block E-2 (second and final reading).
ORDINANCE NO. 2004-00004
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2991; A ZONING CHANGE FROM T TO R-1
SPECIFIC USE FOR GARDEN HOMES ON 13.04 ACRES OUT OF SECTIONS 19
AND 20, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
(16.) ORDINANCE #2004-00005—ZONE CASE NO. 2573-E (North of
North Loop 289 near Utica Avenue): Ordinance to consider the
request of Hugo Reed and Associates, Inc. (for FF Development, LP)
for a zoning change from R-1 to A-2 for an apartment complex on
1,118 square feet of unplatted land out of Section 22, Block A (second
and final reading).
ORDINANCE NO. 2004-00005
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2573-E; A ZONING CHANGE FROM R-1 TO A-2
ZONING ON 1118 SQUARE FEET OUT OF SECTION 22, BLOCK A, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
(17.) ORDINANCE #2004-00006—ZONE CASE NO. 2994 (7341 West 41h
Street): Ordinance to consider the request of Hallmark and
Associates, Inc. for a zoning change from R-1 to IHC/C-4 Specific Use
(for mini -warehouses) on Lot 1, Hideaway Apartments Addition
(second and final reading).
ORDINANCE NO. 2004-00006
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2994; A ZONING CHANGE FROM R-1 TO IHC/C-4
SPECIFIC USE FOR MINI -WAREHOUSES ON LOT 1, HIDEAWAY APARTMENTS
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A
PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
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January 22, 2004
Page 55
(1$.) ORDINANCE #2004-00007—ZONE CASE NO. 2294-D (Southeast
Corner of 981h Street and Indiana Avenue): Ordinance to consider
the request of Hugo Reed and Associates, Inc. (for Gulf Coast
Commercial Management, Inc.) for a zoning change from C-2 and
GO to C-3 for retail development on 19.5 acres of unplatted land out
of Section 19, Block E-2 (second and final reading).
ORDINANCE NO. 2004-00007
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2294-D; A ZONING CHANGE FROM C-2 AND GO
TO C-3 ZONING ON 19.5 ACRES OUT OF SECTION 19, BLOCK E-2, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
(19.) ORDINANCE 92004-00008—ZONE CASE NO. 2939-A (west of FM
179 [Inler Avenue] between 4th Street and 191h Street): Ordinance to
consider the request of Hugo Reed and Associates, Inc. (for Craft
Development Corporation) for a zoning change from R-1, R-2, and
IHC to R-1 Specific Use (for reduced setbacks), R-2 Specific Use (for
reduced setbacks), A-2, AM, C-2, and C-3 on 223 acres of unplatted
land out of Section 3, Block D-6 (second and final reading).
ORDINANCE NO. 2004-00008
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2939-A; A ZONING CHANGE FROM R-1, R-2 AND
IHC TO R-1 AND R-2 SPECIFIC USE (FOR REDUCED SETBACKS), A-2, AM, C-2
AND C-3 ON 223 ACRES OUT OF SECTION 3, BLOCK D-6, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
(20.) ORDINANCE #2004-00009—ZONE CASE NO. 1112-B (South of
501h Street and east of Quaker Avenue): Ordinance to consider the
request of Hugo Reed and Associates, Inc. (for Wayne Holland) for a
zoning change from C-2 (with conditions) to C-2 on 1.8 acres of
unplatted land out of Section 8, Block E-2 (second and final reading).
ORDINANCE NO. 2004-00009
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1112-B; A ZONING CHANGE FROM C-2 WITH
CONDITIONS TO C-2 ZONING ON 1.8 ACRES OUT OF SECTION 8, BLOCK E-2,
LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
(21.) ORDINANCE #2004-00010—ZONE CASE NO. 2996 (South of East
Emory Street and West of Martin Luther King Jr. Boulevard):
Ordinance to consider the request of C.S. Investments for a zoning
change from R-1 to C-3 Specific Use retail development and an
outdoor activity area on 6.4 acres of unplatted land out of Section 1,
Block A (second and final reading).
ORDINANCE NO. 2004-00010
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2996; A ZONING CHANGE FROM R-1 TO C-3
SPECIFIC USE FOR A RETAIL DEVELOPMENT AND OUTDOOR ACTIVITY
AREA ON 6.4 ACRES OUT OF SECTION 1, BLOCK A, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS, PROVIDING A PENALTY, PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
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(22.) ORDINANCE #2004-00011—ZONE CASE NO. 2995 (Iola Avenue to
Quincy Avenue between 661h Street and 82"d Street): Ordinance to
consider the request of Burl W. Masters (for George McMahan) for a
zoning change from T and R-1 to R-1 Specific Use (for reduced
setbacks), R-2 Specific Use (for reduced setbacks), A-2, GO, C-2A,
C-3, and IHI on 542.02 acres of unplatted land out of Sections 29 and
30, Block AK (second and final reading).
ORDINANCE NO. 2004-00011
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2995; A ZONING CHANGE FROM T AND R-1 TO R-
1 AND R-2 SPECIFIC USE (FOR REDUCED SETBACKS), A-2, GO, C-2A, C-2, C-3
AND IHI ON 542.02 ACRES OUT OF SECTIONS 29 AND 30, BLOCK AK,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
The next items considered were Items 24-26.
(23.) Ordinance No. 2004-00012 ordering the 2004 Regular Municipal
Election of the City of Lubbock; indicating those officers to be
elected; providing for an electronic voting system to be used;
establishing polling places; appointing election judges; establishing
hours for voting; adopting the sealed ballot box procedure; providing
for early voting; directing the City Secretary to give notice of the
Regular Municipal Election of the City of Lubbock; and providing an
effective date (first reading).
ORDINANCE NO.2004-00012
AN ORDINANCE ORDERING THE 2004 REGULAR MUNICIPAL
ELECTION OF THE CITY OF LUBBOCK; INDICATING THOSE OFFICERS TO
BE ELECTED; PROVIDING FOR AN ELECTRONIC VOTING SYSTEM TO BE
USED; ESTABLISHING POLLING PLACES; APPOINTING ELECTION JUDGES;
ESTABLISHING HOURS FOR VOTING; ADOPTING THE SEALED BALLOT
BOX PROCEDURE; PROVIDING FOR EARLY VOTING; DIRECTING THE CITY
SECRETARY TO GIVE NOTICE OF THE REGULAR MUNICIPAL ELECTION OF
THE CITY OF LUBBOCK; AND PROVIDING AN EFFECTIVE DATE.
This item was moved from consent agenda to regular agenda and was
considered following Item 35.
The City Council of the City of Lubbock deems it to be in the best interest
of the citizens of the City of Lubbock to order a Regular City Election for
the election of municipal officers to be held on May 15, 2004, pursuant to
the Texas Election Code, the Lubbock City Charter and City ordinances.
Said election shall be for the purpose of electing the following officers of
the City of Lubbock:
MAYOR (AT LARGE) 2 YEAR TERM
COUNCIL MEMBER, DISTRICT 2 4 YEAR TERM
COUNCIL MEMBER, DISTRICT 4 4 YEAR TERM
COUNCIL MEMBER, DISTRICT 6 4 YEAR TERM
MUNICIPAL COURT JUDGE (AT LARGE) 4 YEAR TERM
An electronic voting system shall be used for this election, including early
voting. Said City General Election shall be held at the places in the City
of Lubbock hereinafter designated as voting precincts and in the voting
places designated in Exhibit A. Voting places shall be open from 7:00
a.m. to 7:00 p.m., and all electors shall vote in the precinct of their
residence unless such precinct shall be consolidated with another precinct
as indicated in Exhibit A. The sealed ballot box procedure established by
Subchapter C, Chapter 127, Texas Election Code, shall be used for this
election.
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Page 57
The persons named in Exhibit A are appointed to conduct said General
City Election on May 15, 2004. In the event any named person is unable
to serve for any reason, the City Secretary of the City of Lubbock is
authorized and directed to make such substitutions as may be required and
to amend Exhibit A as required.
Each presiding judge named is authorized to appoint the number of clerks
authorized by the City Secretary of the City of Lubbock, which number
shall not be less then two clerks nor more than six clerks. The alternate
judges shall serve as presiding judges in the event that the regularly
appointed presiding judge is unable to serve. The alternate judges shall be
appointed by the presiding judge to serve as one of the clerks in the event
that the regularly appointed presiding judge conducts the election.
Early voting by personal appearance shall commence on the 281h day of
April 2004, and end on the 11`h day of May 2004. Early voting shall be
conducted at the locations, days, and hours indicated on Exhibit B.
The City Secretary of the City of Lubbock is ordered to cause publication
of this Ordinance ordering the General City Election of municipal officers
in a newspaper of general circulation at least once no earlier than the 30th
day nor later than the I01h day before election day. In addition, a copy of
this Ordinance shall be posted not later than the 21" day before election
day on the bulletin board used for posting notices of meetings of the
governing body and a notice of consolidation shall be posted not less than
20 days before election day at any polling places not consolidated at the
last previous election, which notice shall indicate the precinct of
consolidation and the location of the new polling place.
The City Secretary shall serve a duly certified copy of the Ordinance upon
each of the presiding judges named in Exhibit A not later than the 71h day
after the signing of this Ordinance or the 15th day before election day,
whichever is later.
This Ordinance shall become effective upon final passage by the City
Council of the City of Lubbock.
FISCAL IMPACT:
The approximate amount is $82,000: This is an estimate based on costs of
$81,566 for the last election held (Sales Tax Election, November 4, 2003).
For FY '03-'04, $150,000 was budgeted based on an estimate of two
elections at $75,000 each. The majority of election costs will be charged
to Account 1211.8801.
Breakdown of the costs for the last election is as follows:
Personnel (i.e. judges/clerks, early voting clerks,
City employees, and temporary employees) $39,457
Publications $18,962
County Charges $6,048
Supplies/Equipment $16,183
Misc. (Translations, Orientation) $ 916
TOTAL: $81,566
It is recommended that this Ordinance be passed by the City Council.
Rebecca Garza, City Secretary, gave comments. She stated that Exhibit
"A" in council backup, which displays polling locations, was being
revised. Staff was informed that All Saints Episcopal School, formerly
used for Precincts 52/67, would be unavailable. However, Lubbock
Cooper North Elementary would be available and a revised copy of
Exhibit "A" was passed out to Council.
Council Member Morrison stated he thought the polling place should be
more centrally located and had discussed this with Ms. Garza. Ms. Garza
indicated she would work with Council Member Morrison.
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Assistant City Attorney Don
using the school, it might
conducted at the same place.
Vandiver stated since the County was already
be confusing if the City election wasn't
Council Member Hernandez stated there might be a problem in Precinct
No. 8. Alicia Hernandez is the presiding judge. Ms. Hernandez is
Council Member Hernandez' sister. Council Member Hernandez stated
that he plans to run for Municipal Court Judge and thought this would
create a problem.
City Attorney Anita Burgess stated there would have to be a special
election (separately called election) to fill Council Member Hernandez'
unexpired term. It might call for a separate ballot. However, this will be
determined at a later time. She also stated that although Council Member
Hernandez had resigned through his announcement to run for Municipal
Judge, he still sits until his successor is qualified to take an oath of office.
Motion was made by Council Member Hernandez, seconded by Council
Member Patterson to pass on first reading of Ordinance No. 2004-00012
and directed staff to look at the polling locations discussed, before second
reading. Motion carried: 7 Yeas, 0 Nays.
The next items considered were Items 27-28.
Items 24-26 were considered following Item 22.
(24.) Resolution No. 2004-R0023 authorizing the Mayor to approve an
application for a State administered federally funded grant for the
continuation of the South Plains Regional Narcotics Task Force.
RESOLUTION NO.2004-R0023
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
WHEREAS, the City Council finds it in the best interest of the citizens of Lubbock that
the South Plains Regional Narcotics Task Force be operated for the 2004-2005 grant
year; and
WHEREAS, the City Council has authorized the Mayor to apply for, accept, reject, alter,
or terminate the grant; and
WHEREAS, the City Council has agreed to provide the minimum matching percentage
for the said project as required by the Edward Byrne grant application (specifically, the
sum of $218,550.00); and
WHEREAS, the City Council has agreed and hereby gives assurances that in the event of
loss or misuse of the Criminal Justice Division Funds such funds will be returned to the
Criminal Justice Division in full; and
WHEREAS, the City Council has agreed that the Mayor will serve as the grantee's
authorized official. The authorized official is authorized to apply for, accept, decline,
alter, or terminate the grant on behalf of the applicant agency;
NOW THEREFORE, BE IT RESOLVED that the City Council approves submission of
the grant application for the South Plains Regional Narcotics Task Force to the Office of
the Governor, Criminal Justice Division.
Passed by the City Council this 22nd day of January, 2004.
/s/ MARC MCDOUGAL
Marc McDougal, Mayor
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
Regular City Council Meeting
January 22, 2004
Page 59
APPROVED AS TO CONTENT:
/s/ Claude T. Jones
Claude Jones, Chief of Police
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Asst, City Attorney
The City of Lubbock is currently the Grantee for the South Plains
Regional Narcotics Task Force funded through the Byrne Funded Projects
and administered by the Office of the Governor, Criminal Justice Division.
The purpose of the grant is to provide funding for law enforcement
investigations and enforcement in the area of illegal sales, transportation,
possession, and manufacturing of controlled substances.
The South Plains Regional Narcotics Task Force currently conducts
narcotics investigations and law enforcement activities in fourteen
counties of the South Plains region. The Byrne Funded Grant application
for the period June 1, 2004 to May 31, 2005 will allow the Llano Estacado
Task Force to merge with the South Plains Regional Narcotics Task Force.
The South Plains Regional Narcotics Task Force will then provide
assistance in narcotics investigations and law enforcement in a total of
eighteen counties of the South Plains region.
FISCAL IMPACT:
The grant application will be asking for approval of a total grant budget of
$874,200 which covers personnel expenses, contractual and professional
services, travel and training, equipment, supplies and direct operating
expenses.
If the grant is approved, the Byrne Funded Projects will fund 75% of the
total grant budget, which is $655,650.
--- The Office of the Governor, Criminal Justice Division, requires that the
Grantee (City of Lubbock) guarantee the remaining 25% of the grant
budget, which is $218,550.
The City of Lubbock will be entering into an interagency agreement with
Lubbock County, Hockley County, Lynn County, Gaines County,
Yoakum County, the City of Levelland, and the City of Lamesa to provide
their portion of the cash match. Therefore, the fiscal impact will be as
follows:
Total Cash Match Required: $218,550.00
Less Lubbock County
$12,144.00
Less Gaines County
$13,625.00
Less the City of Lamesa
$11,292.00
Less Yoakum County
$43,983.00
Less Hockley County
$9,983.60
Less the City of Levelland
$2,495.90
Less Lynn County
$8,000.00
Less portion paid by the Grant Program Income
$7,026.50
City of Lubbock Obligation $110,000.00
The City of Lubbock funding is budgeted in the General Fund. The Police
Department has budgeted the $110,000 under Contributions to Grant,
Account No. 8404 in the Investigations Section No. 5731.
The Police Department recommended approval of this resolution.
(25.) Resolution No. 2004-R0024 authorizing the Mayor to execute
Amendment #1 to Contract No. 51305F-6001, a State/Local Vehicle
Capital Replacement Public Transportation Grant, with the Texas
Department of Transportation (TxDOT).
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RESOLUTION NO.2004-R0024
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Amendment No. 1 to the
Contract No. 51305F-6001 to purchase replacement buses, by and between the City of
Lubbock and the Texas Department of Transportation (TxDOT), and related documents.
Said Amendment No. 1 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 the City Council this 22nd day of January, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Farmer
Craig Farmer
Managing Director of Planning and Transportation
APPROVED AS TO FORM:
/s/ John M. Knight
John Knight, Assistant City Attorney
A copy of Amendment No. 1 is filed with Resolution No. 2004-R0024.
TxDOT has issued an Amendment to Contract No. 51305F-6001, a
State/Local Vehicle Capital Replacement Public Transportation Grant that
is to be used to purchase replacement buses. The Amendment extends the
life of the original contract. The original date of termination for the grant
agreement was July 31, 2004. The Amendment extends the grant to
January 31, 2005. Citibus asked for an extension due to the fact that new
buses cannot be delivered by July 31, 2004. Citibus is currently out to bid
for new buses.
The amendment in no way alters the award amount of $499,388.
This grant was approved at the August 6, 2003 City Council Meeting.
FISCAL IMPACT:
Acceptance of this grant results in no additional cost to the City of
Lubbock.
Citibus recommended approval of this resolution.
(26.) Resolution No. 2004-R0025 authorizing the Mayor to enter into a
Donation Agreement with Covenant Health System to upgrade the
pumps in lift station number 49.
Regular City Council Meeting
January 22, 2004
Page 61
RESOLUTION NO. 2004-R0025
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 Donation Agreement
between the City of Lubbock and Covenant Health System, a not -for -profit corporation,
and any other related documents. Said Agreement is attached hereto and incorporated in
this Resolution as if fully set forth herein and shall be included in the minutes of the
Council.
Passed by the City Council this 22nd day of January, 2003.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook
Director of Public Works
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
First Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2004-R0025.
The purpose of this Donation Agreement is to allow Covenant Health
Systems to upgrade the wastewater pumps in lift station number 49
located at 251h Street and Knoxville Avenue.
Due to steady growth and significant changes to Covenant Medical
Center's wastewater stream, the lift station is not able to consistently
handle the flow from this facility.
Covenant Medical Center continues its efforts to educate employees,
patients and their families, nursing students and other people in the facility
on what may be placed in hospital drains. These efforts include signs in
all restrooms, training for all hospital employees, weekly e-mail updates to
all employees, and training for nursing students. The Covenant Medical
Center's maintenance crew continuously addresses problems in the
hospital sewer system. Covenant Health System has voluntarily paid to
repair two pumps in the lift station over the last three years. The cost of
these repairs has exceeded $6,000.
With all that Covenant has put forth, the lift station is simply not able to
handle their waste stream. In an effort to correct this problem, the City
has worked with Covenant to identify two remaining options.
The first option is to allow Covenant to upgrade the two existing
submersible pumps currently in use at the lift station. By installing pumps
with high efficiency type impellers, the lift station will be able to handle
the wastewater flow from the hospital in a more efficient manner. This
option will cost Covenant Health System approximately $16,300 and will
lower the City of Lubbock's electrical cost at the lift station.
The second option is to require Covenant to install physical pretreatment.
There are two major problems associated with this option. First, there is
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Regular City Council Meeting
January 22, 2004
Page 62
no immediately available space in which to locate the facility. Second, the
main sewer lines leaving the south side of Covenant Medical Center do
not intersect until they reach the manhole in Knoxville Avenue just south
of 21" Street. For Covenant to acquire land along Knoxville Avenue to
install the facility and to reroute the sewer lines, the cost to Covenant
would be from $250,000 to $500,000. In addition to the related expenses,
this option may result in odor and vector control problems.
FISCAL IMPACT:
The installation of more efficient pumps will require no funding from the
City and will result in reduced electrical costs of operating the lift station.
Staff recommended approval of this resolution.
The next items considered were Items 29-31.
Items 27-28 were considered following Item 23.
(27.) Resolution No. 2004-R0037 authorizing the Mayor to execute an
agreement for Professional Services between the City of Lubbock and
Agri -waste Technologies, Inc., a North Carolina corporation.
RESOLUTION NO. 2004-R0037
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 Second Amendment
to Agreement for Professional Services between the City of Lubbock and Agri -
Waste Technology, Inc. ("AWT"), and any other related documents. Said Second
Amendment 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 the City Council this 22nd day of January 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Sherry Stephens
Acting Director of Public Works
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
First Assistant City Attorney
A copy of the Amendment is filed with Resolution No. 2004-R0037.
This item was moved from consent agenda to regular agenda and was
considered following Item 23.
A new land application system was implemented in 2003 that allows for
more effective management of effluent application. This ensures
protection of groundwater and compliance with regulatory permit
parameters. This agreement extends the current contract with Agri -Waste
Technology, Inc., who developed the program. The system is designed to
evaluate a variety of operational and environmental data related to the
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Regular City Council Meeting
January 22, 2004
Page 63
Land Application Sites and makes recommendations to improve operation.
The term of this agreement is one year with three options to renew.
FISCAL IMPACTS:
Funding for this system has been approved in the Land Application
Operating budget and is expected to cost approximately $15,000 per year.
Staff recommended approval of this resolution.
Anita Burgess, Acting Assistant City Manager, gave comments.
Motion was made by Council Member Morrison, seconded by Council
Member Martin to pass Resolution No. 2004-R0037 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
(28.) Resolution No. 2004-R0038 authorizing the Mayor to execute an
agreement with Terry Crofoot for the grazing of beef type cattle on
the Hancock Land Application Site.
This item was moved from consent agenda to regular agenda and was
considered following Item 27.
RESOLUTION NO. 2004-R0038
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 Grazing Agreement by and
between the City of Lubbock and Terry Crofoot, for grazing rights at the Hancock Land
Application Site, and all related documents. Said Agreement is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this 22nd day of January, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook
Director of Public Works
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
First Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2004-R0038
The City of Lubbock has received approval from the Texas Commission
on Environmental Quality to continue the grazing program on the
Hancock Land Application Site (HLAS). The contract allows for the right
to graze one to two head beef -type cattle (specifically no dairy or dairy
type) per acre per day, subject to the condition therein, during periods of
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Regular City Council Meeting
January 22, 2004
Page 64
grazing; specifically states that the purpose and the use of the HLAS is
effluent disposal and due to its intended purpose and issues related to
weather, cropping demands, and mechanical difficulties the site may not
receive the effluent necessary for optimum crop growth; includes the
prescribed parameters approved by the state for grazing cattle on the site;
may be terminated with 60 days notice by the City in the event the City
determines that the program is no longer feasible, the site can be used
more appropriately under another use or any other reason; and may be
terminated by the Contractor with 60 days notice.
FISCAL IMPACT:
This contract is expected to generate $200,000 annually for the sewer
fund.
Staff recommended approval of this resolution.
City Attorney Anita Burgess gave comments and answered questions from
Council.
Motion was made by Council Member Gilbreath, seconded by Council
Member Patterson to pass Resolution No. 2004-R0038 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 32.
Items 29-31 were considered following Item 26.
(29.) Resolution No. 2004-R0026 authorizing the Mayor to execute
Amendment #2 to the lease agreement between the City of Lubbock
and Marco Steel and Aluminum, Inc.
RESOLUTION NO.2004-00026
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Amendment #2 to Lease
Agreement with Marco Steel & Aluminum Co. adding the remaining portion of Building
#714 to their leased premises at Lubbock International Airport. Said Amendment is
attached hereto and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the Council.
Passed by the City Council this 22nd day of January, 2004.
/s/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ John McGinley
John McGinley, Interim Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Amendment is filed with Resolution No. 2004-R0026.
On December 19, 2002, Amendment #1 to the Marco Steel and
Aluminum, Inc. lease was approved allowing them to expand their
operation. They are occupying office space in a warehouse on the east
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Regular City Council Meeting
January 22, 2004
Page 65
side of the airport, known as Building 714, to house administrative staff.
This amendment allows them to occupy the rest of Building 714, which
was recently vacated and restored. The additional space totals 14,276
square feet at a rate of $.8844 per square foot per year.
FISCAL IMPACT:
This lease will increase the Airport's revenue by $12,625.69 annually.
This is an increase of $7,364.98 for the remainder of FY '03-`04.
The Airport Board and staff recommended approval of this resolution.
(30.) Resolution No. 2004-R0027 accepting paving improvements
constructed by Butler Construction Company, Inc. in All Saints
Addition, Tracts 5-7.
RESOLUTION NO. 2004-R0027
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF
STREETS AND AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of Chapter
25 of the City of Lubbock Code of Ordinances, the sub divider of Tracts 5-7, All Saints
Addition, made arrangements with Butler Construction Company, Inc. for the
construction of paving improvements on certain streets and avenues dedicated in said
subdivision under the provisions of said Ordinance prior to the recording of the
subdivision plat of the above -mentioned Addition, including the following streets and
avenues:
101" Street from the East lip line of Indiana Avenue to the West end of
radius of Hartford Avenue, known and designated as New Subdivision
Sub -Unit Number 67 of Unit Number 2042.
Hartford Avenue from the South lot line of Tract 7, All Saints Addition to
the West end of radius of 101" Street (including off-street drainage
improvements to the North), known and designated as New Subdivision
Sub -Unit Number 68 of Unit Number 2042.
WHEREAS, the construction of the above improvements on the above -mentioned
streets and avenues was performed under the supervision of the City Engineer, and said
improvements have been completed and have been inspected and found to have been
constructed in accordance with City specifications and in accordance with the provisions
of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the above -mentioned
streets and avenues BE and the same are hereby accepted and the City Engineer is hereby
authorized to notify the Developer of acceptance by the Lubbock City Council.
SECTION 2. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 22nd day of January, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
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Regular City Council Meeting
January 22, 2004
Page 66
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
This is a routine acceptance of paving improvements constructed at the
time of platting this new subdivision. These improvements consist of
street paving and curb and gutter for:
■ 101 st Street from Indiana Avenue to Hartford Avenue.
■ Hartford Avenue from the south line of Tract 7 All Saints Addition
to 101 st Street.
FISCAL IMPACT:
There is no City cost due the contractor upon this acceptance.
Staff recommended approval of this resolution and acceptance of these
paving improvements.
(31.) Resolution No. 2004-R0028 accepting paving improvements
constructed by Lone Star Dirt and Paving Construction Company,
Inc. in Regal Park Addition, Lots 386-442.
RESOLUTION NO.2004-R0028
A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF
STREETS AND AVENUES AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of Chapter
25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 386-442, Regal
Park Addition, made arrangements with Lone Star Dirt & Paving Construction Company,
Inc. for the construction of paving improvements on certain streets and avenues dedicated
in said subdivision under the provisions of said Ordinance prior to the recording of the
subdivision plat of the above -mentioned Addition, including the following streets and
avenues:
85th Street from the end of cul-de-sac at Iola Avenue to the West lip line of
Homestead Avenue, known and designated as New Subdivision Sub -Unit
Number 91 of Unit Number 2042.
86th Street from the end of cul-de-sac at Iola Avenue to the West lip line of
Homestead Avenue, known and designated as New Subdivision Sub -Unit
Number 92 of Unit Number 2042.
The East half of Iola Avenue from the South end of the alley return South of
861h Street to the North end of the alley return North of 85th Street, known
and designated as New Subdivision Sub -Unit Number 93 of Unit Number
2042.
The West half of Homestead Avenue from the South end of the alley return
South of 86th Street to the South lip line of 82nd Street, known and
designated as New Subdivision Sub -Unit Number 94 of Unit Number 2042.
Huron Avenue from the South lip line of 85th Street to the North lip line of
86th Street, known and designated as New Subdivision Sub -Unit Number 95
of Unit Number 2042.
The East-West alley North of 85th Street from Homestead Avenue to Iola
Avenue, known and designated as Sub -Unit Number 75 of Unit Number
A-462.
The East-West alley South of 85th Street from Huron Avenue to Iola
Avenue, known and designated as Sub -Unit Number 76 of Unit Number
A-462.
The East-West alley South of 85th Street from Homestead Avenue to Huron
Avenue, known and designated as Sub -Unit Number 77 of Unit Number
A-462.
Regular City Council Meeting
January 22, 2004
Page 67
The East-West alley South of 80h Street from Homestead Avenue to Iola
Avenue, known and designated as Sub -Unit Number 78 of Unit Number
A-462.
WHEREAS, the construction of the above improvements on the above -mentioned
streets and avenues was performed under the supervision of the City Engineer, and said
improvements have been completed and have been inspected and found to have been
constructed in accordance with City specifications and in accordance with the provisions
of Chapter 25 of the City of Lubbock Code of Ordinances, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the above -mentioned
streets and avenues BE and the same are hereby accepted and the City Engineer is hereby
authorized to notify the Developer of acceptance by the Lubbock City Council and to
direct payment of the City's portion of the cost in the amount of $2,908.31 to the
Contractor.
SECTION 2. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 22nd day of January, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
This is a routine acceptance of paving improvements constructed at the
time of platting this new subdivision. These improvements consist of
street and alley paving and curb and gutter for:
■ 85th Street from the cul-de-sac at Iola Avenue to Homestead
Avenue.
■ 86th Street from the cul-de-sac at Iola Avenue to Homestead
Avenue.
■ The east half of Iola Avenue from the alley south of 86th Street to
the alley north of 85th Street.
■ The West half of Homestead Avenue from the alley south of 86th
Street to 82nd Street.
■ Huron Avenue from 85th Street to 86th Street.
■ The east -West alley north of 85th Street from Homestead Avenue
to Iola Avenue.
■ The east -West alley south of 85th Street from Huron Avenue to
Iola Avenue.
■ The east -West alley south of 85th Street from Homestead Avenue
to Huron Avenue.
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Regular City Council Meeting
January 22, 2004
Page 68
■ The east -West alley south of 86th Street from Homestead Avenue
to Iola Avenue.
FISCAL IMPACT:
There is no City cost due the contractor upon this acceptance.
Staff recommended approval of this resolution.
The next items considered were Items 33-35.
(32.) Resolution No. 2004-R0039 authorizing the Mayor to support H.R.
2208, the Highway Funding Equity Act of 2003.
This item was moved from consent agenda to regular agenda and was
considered following Item 28.
RESOLUTION NO.2004-R0039
WHEREAS, federal legislation authorizing the highway program expires
February 29, 2004; and
WHEREAS, since the inception of the federal highway program in 1956 Texas
has given more than $5 billion to other states in the program as one of "donor" states
which sends in more revenue than it receives in return from the federal highway
administration; and
WHEREAS, despite strong past efforts by former Senators Bentsen and Gramm
to rectify this inequity, Texas most recently has received about 88 cents on the dollar in
rate of return numbers; and
WHEREAS, the effort to upgrade Texas' return this year is led by Majority
Leader Tom DeLay, who has filed H.R. 2208, the Highway Funding Equity Act of 2003,
ensuring a 95% return on trust fund contributions; and
WHEREAS, if Texas would have enjoyed this 95% return since the enactment of
this last highway bill (1998) our state would have received nearly $1.2 billion more to
invest in our highway program; and
WHEREAS, our dependence on the federal -aid to highways has grown
significantly since 1991, and, in 2003, the Texas legislature provided meaningful
increases in state highway funds; and
WHEREAS, we are grateful to the members of the Texas delegation who have
supported H.R. 2208 and hopeful that 100 percent of the delegation will be co-sponsors;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE OF LUBBOCK:
THAT the City Council of the City of Lubbock, Texas, hereby adopts this
resolution in support of H.R. 2208 and authorizes copies of this Resolution to be
forwarded to all relevant parties.
Passed by the City Council this 22nd day of January, 2004.
/s/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
Congress is considering a Federal Highway Reauthorization Bill. The
Highway Funding Equity Act of 2003 (H.R. 2208) would ensure a 95%
return on trust fund contributions.
The Texas Good Road Association, Texas Department of Transportation,
Ports to Plains Coalition and the Lubbock Chamber of Commerce all
believe Texas should retain a higher percentage of gasoline tax for
highway programs.
Regular City Council Meeting
January 22, 2004
Page 69
FISCAL IMPACT:
There is no immediate impact on the City budget. However, the passage
of The Highway Funding Equity Act of 2003 has the potential to increase
the amount of federal funding the City receives for future projects.
This resolution was presented per Council's request.
Council Member Martin gave comments.
Motion was made by Council Member Martin, seconded by Council
Member Boren to pass Resolution No. 2004-R0039 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 36.
Items 33-35 were considered following Item 31.
(33.) Resolution No. 2004-R0029; Resolution No. 2004-R0030; Resolution
No. 2004-R0031; Resolution No. 2004-R0032; Resolution No.
2004-110033; and Resolution No. 2004-110034/1UP #191-03BM —for
On -Airport Rent Car Concession Services (Aviation).
RESOLUTION NO.2004-R0029
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Lease Agreement with
Curry Enterprises, Inc. d/b/a Budge Rent A Car at Lubbock International Airport. Said
Agreement is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council this 22nd day of January, 2004.
/s/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ John McGinley
Interim Director of Aviation
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2004-R0029.
RESOLUTION NO.2004-R0030
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Lease Agreement with The
Hertz Corporation at Lubbock International Airport. Said Agreement is attached hereto
and incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
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Regular City Council Meeting
January 22, 2004
Page 70
Passed by the City Council this 22nd day of January, 2004.
/s/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ John McGinley
Interim Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2004-R0030.
RESOLUTION NO.2004-R0031
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Lease Agreement with
Enterprise Rent-A-Car Company of Texas at Lubbock International Airport. Said
Agreement is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council this 22nd day of January, 2004.
/s/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
Is/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ John McGinley
Interim Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2004-RO031.
RESOLUTION NO.2004-R0032
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Lease Agreement with
Southwest -Tex Leasing Co., Inc. d/b/a Advantage Rent-A-Car at Lubbock International
Airport. Said Agreement is attached hereto and incorporated in this Resolution as if fully
set forth herein and shall be included in the minutes of the Council.
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Regular City Council Meeting
January 22, 2004
Page 71
Passed by the City Council this 22nd day of January, 2004.
/s/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ John McGinley
Interim Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2004-R0032.
RESOLUTION NO. 2004-R0033
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Lease Agreement with
Avis Rent A Car System, Inc. at Lubbock International Airport. Said Agreement is
attached hereto and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the Council.
Passed by the City Council this 22nd day of January, 2004.
/s/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ John McGinley
Interim Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2004-R0033.
RESOLUTION NO. 2004-R0034
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Lease Agreement with The
Vanguard Car Rental USA, Inc. operating its brands, Alamo and National, at Lubbock
International Airport. Said Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
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Regular City Council Meeting
January 22, 2004
Page 72
Passed by the City Council this 22nd day of January, 2004.
/s/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ John McGinley
Interim Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
A copy of the Agreement is filed with Resolution No. 2004-R0034.
The City advertised for six on -airport rent car concessionaires for the
Lubbock International Airport (LIA) through a Request for Proposals
(RFP) process. Approximately 20 individuals representing ten companies
Staff mailed the RFP package and six companies submitted proposals. A
representative from the Airport Board, a representative from the Budget
and Research Department, and four members of LIA staff reviewed and
evaluated all proposals received.
The evaluation criteria for the RFP included:
1) Management and operations plan including level and type of
management staff and experience. Customer service program,
philosophies, and training. Operations plan, inventory, and cash
controls. (15%)
2) Operational background and experience in providing automobile rental
services on airports. Demonstrated knowledge of rent car business and
understanding of market conditions. Professional references. (20%)
3) Reservation system and/or national franchise proposed, or availability
of reservations directly with national company or through travel
agencies. (10%)
4) Amount of the proposed three-year total minimum annual guarantee,
including financial strength of Proposer as described in the
Qualification and Business Information Questionnaire. (50%)
5) Additional rent incentives, service enhancements and/or other added
values. (5%)
Respondents to the RFP were ranked by the evaluation committee as
follows:
Proposer Score Three -Year Total
Minimum Annual
Guarantee
Avis Rent A Car System of Parsippany, NJ 568.10 $539,000.00
The Hertz Corporation of Midland, TX 556.45 $491,900.00
Vanguard Car Rental USA 537.50 $381,024.00
of Ft. Lauderdale, FL
Enterprise Rent-A-Car of Austin, TX 520.60 $214,000.99
Advantage Rent-A-Car of San Antonio, TX 515.00 $261,624.00
Budget Car and Truck Rental of Amarillo, TX 483.80 $210,000.00
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Regular City Council Meeting
January 22, 2004
Page 73
The evaluation committee determined that the submitted proposals
covered all aspects of the RFP and chose not to require oral presentations.
The evaluation committee recommended that the City of Lubbock enter
into agreements with the six above mentioned rent car companies to
provide on -airport rent car concession services for Lubbock International
Airport. On December 16, 2003, the Airport Board considered the
evaluation committee's recommendation and voted unanimously to
recommend the same to the City Council.
The term of these contracts will be for three years with two optional
_ one-year extensions. The companies will pay 10% of their gross revenues
or their minimum annual guarantee, or whichever is greater. The lease
also consists of ground rent of $0.1320 per square foot per year for the
service facilities, $10 per month per space in the ready and return parking
lot, and $45 per month for trash disposal. There are currently five
companies onsite paying a total three-year minimum annual guarantee of
$1,924,224. The addition of the sixth company will increase the total
three-year minimum annual guarantee to $2,097,549, resulting in an
increase of $173,325 for the three-year period.
A sample copy of the lease agreement was included in City Council
backup, along with a summary of service facility ground space, ready
spaces, and minimum annual guarantee for each of the six rent car
companies.
FISCAL IMPACT:
Guaranteed revenues from the minimum annual guarantees will increase
by approximately $57,775 annually. Revenues from the additional ground
rent and ready and return spaces will yield $5,040 annually.
The Airport Board and staff recommended contract award to Budget Car
and Truck Rental of Amarillo, Texas; Vanguard Car Rental USA, Inc. of
Fort Lauderdale, Florida; Advantage Rent-A-Car of San Antonio, Texas;
The Hertz Corporation of Midland, Texas; Avis Rent A Car System, Inc.
of Parsippany, New Jersey; and Enterprise Rent-A-Car of Austin, Texas,
(34.) Resolution No. 2004-R0035/BID #220-03/RS — for Police Vehicle
Emergency Equipment (Fleet Services).
RESOLUTION NO.2004-R0035
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 reject all bids for Police Vehicle Emergency Equipment, per ITB #220-03/RS.
Passed by the City Council this 22nd day of January, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
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January 22, 2004
Page 74
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
This bid is for the purchase of light bars and sirens for installation on 51
Police Patrol vehicles. After carefully reviewing the specifications and
the submitted bids, staff has determined that the bid specifications did not
provide the desired product as originally intended by the Lubbock Police
Department. The dimensions and the weight of the light bar were
specified in the bid specifications as minimum requirements instead of
maximum requirements as requested by the using department.
Consequently, the light bars resulting from this bid and the sirens that are
sized to accommodate the light bars are unsatisfactory.
Three local companies were notified of the Invitation to Bid.
FISCAL IMPACT:
A total of $306,000 was appropriated with $306,000 available in project
number 90335 (Fleet Replacement 2003-2004) for this purpose.
Staff recommended that City Council reject all bids and direct staff to
rebid these items as specified by the Lubbock Police Department,
(35.) Resolution No. 2004-R0036BID #229-03/13M — for Hancock Land
Application Site Effluent Pump Rehabilitation (Public Works).
RESOLUTION NO.2004-R0036
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for the Hancock
Land Application Site Effluent Pump Rehabilitation, by and between the City of Lubbock
and Brown -McKee, 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 the City Council this 22nd day of January, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
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Page 75
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 9th day of January, 2004, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Brown -McKee, 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 #229-03/BM - HANCOCK LAND APPLICATION SITE EFFLUENT PUMP
REHABILITATION - $$38,500.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Rebecca Garza
Secretary
APPROVED AS TO CONTENT:
/s/ Wood Franklin\
Owner's Representative
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
ATTEST:
Corporate Secretary
/s/
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Marc McDougal
MAYOR
CONTRACTOR:
Brown -McKee, Inc.
By: /s/ Mike P. Oles
PRINTED NAME: Mike P. Oles
TITLE: President
COMPLETE ADDRESS:
Brown -McKee, Inc.
P. O. Box 3279
Lubbock, Texas 79452-3279
This bid is for the purchase and installation of two variable frequency
drives and controls at the Hancock Land Application Site. This equipment
will replace existing conventional constant speed drives and will work off
of pressure switches in order to constantly regulate pipeline pressure. This
project will help automate the effluent irrigation system. The variable
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Regular City Council Meeting
January 22, 2004
Page 76
frequency drives will help maintain a constant pressure in the irrigation
system reducing a potential pipeline failure and will help improve pump
efficiency.
Seventy-five local bidders were notified of this Invitation to Bid. Time for
completion is 60 consecutive calendar days and liquidated damages is
$500 per day.
FISCAL IMPACT:
A total of $90,000 was appropriated with $79,623 available in project
number 90282 (Pump Station VFD Controls) for this purpose.
Award contract to Brown -McKee, Inc. of Lubbock, Texas for $38,500.
The next item considered was Item 23.
(36.) Resolution No. 2004-R0040; Resolution No. 2004-R0041; Resolution
No. 2004-R0042; and Resolution No. 2004-R0043/BID #237-03/RS
— for Trees — Annual Pricing (Park Development).
This item was moved from consent agenda to regular agenda and was
considered following Item 32.
RESOLUTION NO. 2004-R0040
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 Letter of Award for trees,
by and between the City of Lubbock and Miller Nursery & Tree Company of
Stephenville, Texas and related documents. Said Letter of Award 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 the City Council this 22nd day of January, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Letter of Award is filed with Resolution No. 2004-R0040.
RESOLUTION NO. 2004-R0041
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 Letter of Award for trees,
by and between the City of Lubbock and Sparkman's Nursery of Lubbock, Texas and
related documents. Said Letter of Award is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
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Regular City Council Meeting
January 22, 2004
Page 77
Passed by the City Council this 22nd day of January, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
"19a-To 11FA KOMW"
Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Letter of Award is filed with Resolution No. 2004-R0041.
RESOLUTION NO. 2004-R0042
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 Letter of Award for trees,
by and between the City of Lubbock and T. G. Trees & Garden Center, Inc. of Lubbock,
Texas and related documents. Said Letter of Award 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 the City Council this 22nd day of January, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Letter of Award is filed with Resolution No. 2004-R0042.
RESOLUTION NO. 2004-R0043
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 Letter of Award for trees,
by and between the City of Lubbock and John Deere Landscapes of Lubbock, Texas and
related documents. Said Letter of Award is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
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January 22, 2004
Page 78
Passed by the City Council this 22nd day of January, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Letter of Award is filed with Resolution No. 2004-R0043.
This bid establishes annual pricing for trees that will be planted by Park
Development in various City parks during Spring 2004. The trees
acquired through this bid will be used to establish tree plantings on new
parks, replace aging trees, add additional shade or windbreak plantings,
and add color and enhance landscape aesthetics of areas maintained by the
Parks Department.
The trees are for the enjoyment of citizens and will help increase the
quality of life in Lubbock. In time, the trees will provide shade for park
users and help reduce soil erosion. Fourteen different deciduous and
evergreen varieties were specified. Unit pricing will allow for the
acquisition of additional trees through receipt of additional donations.
T.G. Trees & Garden Center of Lubbock, Texas and Miller Nursery &
Tree Company of Stephenville, Texas submitted identical bids ($1,375)
for Bid Item #6 shown on the tab sheet. Local Government Code Chapter
271.901 provides that when a municipality receives two or more bids from
responsible bidders that are identical in nature and amount, as the lowest
and best bids, the governing body of the municipality shall enter into a
contract with only one of those bidders and must reject all other bids. If
only one of the bidders submitting identical bids is a resident of the
municipality, the municipality must select that bidder. Consequently, staff
recommended bid award for Bid Item #6 (Koelreuteria Paniculata Golden
Rain Tree 2-2 '/z Inch Caliper) to T.G. Trees & Garden Center of Lubbock,
Texas.
Twenty-three local suppliers were notified of the Invitation to Bid.
FISCAL IMPACT:
A total of $158,616 was appropriated with $30,000 available in project
number 5221 (Sup -Botanical Supplies) for this purpose.
Award bid to Sparkman's Nursery of Lubbock, Texas for $1,440; John
Deere Landscapes of Lubbock, Texas for $3,390; T. G. Trees & Garden
Center, Inc. of Lubbock, Texas for $4,219; and Miller Nursery & Tree
Company of Stephenville, Texas for $11,904.40,
Corbin Pemberton, Community Projects Manager, gave staff comments.
Motion was made by Council Member Morrison, seconded by Council
Member Gilbreath to pass Resolution No. 2004-R0040; Resolution No.
2004-R0041; Resolution No. 2004-R0042; and Resolution No.
2004-R0043 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
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January 22, 2004
Page 79
The next item considered was Item 41.
PUBLIC ZONING HEARINGS
10:30 A. M. Zoning
Items 37, 38, 39 and 40 were considered following Item 41.
(37.) Ordinance No. 2004-00013 - ZONE CASE NO. 2993 (Southeast
corner of 82"d Street and Upland Avenue): Hold a public hearing to
consider request of Hugo Reed and Associates, Inc. (for McQueen
Company Realtors) for a zoning change from T to C-3 on 10.1 acres of
unplatted land out of Section 27, Block AK (continued hearing from
118104 City Council Meeting) (first reading).
ORDINANCE NO. 2004-00013
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2993; A ZONING CHANGE FROM T TO C-2, C-3
AND GO ZONING ON 10.1 ACRES OUT OF SECTION 27, BLOCK AK, LUBBOCK,
TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:58 a. m. Bobby
McQueen appeared on behalf of McQueen Company Realtors. He stated
he met with the neighborhood residents and they agreed on a plan
involving a combination of garden offices with C-2 and C-3 zoning. Also,
there will be no curb cuts on 83rd Street, and McQueen Company Realtors
will construct an eight -foot screening fence along 83rd Street from
Saratoga to Upland Avenue. Dr. Richard Gale also appeared in favor. No
one appeared in opposition. Mayor McDougal closed the hearing at 11:01
a. in.
This request was continued from the January 8, 2004 agenda to allow the
developer and adjacent residents to discuss the project. The developer
reports that an agreement has been reached. As described by Mr.
McQueen, the east portion will be Garden Office, the center portion will
be C-2 and the West portion will be C-3. Mr. McQueen indicated that he
will communicate with the Council by letter prior to the meeting.
The parcel is in an area annexed in 1999, and was targeted for commercial
in the deed restrictions of the Westwood Subdivision. The parcel is east
of Upland Avenue on the south side of 82nd Street.
Adjacent land uses:
North — commercial.
South — residential.
East — vacant and zoned for a church.
West — commercial, vacant.
The request is consistent with the Comprehensive Land Use Plan and
zoning policy. The project should have no greater than the anticipated
effect on the thoroughfare system.
As noted above, both in design of the subdivision and the deed
restrictions, the parcel has been targeted for commercial since the plat was
recorded in 1979. The area was outside of the City until 1999.
The Planning Commission recommended approval of the request subject
to the following conditions:
1. The Planning Commission shall review and approve a traffic access
plan (curb cuts to adjacent streets) for all or portions of the parcel prior
to issuance of a construction permit; and,
2. 83rd Street shall be screened with an eight -foot fence and shall not
have any curb cuts.
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Regular City Council Meeting
January 22, 2004
Page 80
FISCAL IMPACT:
Not applicable.
Staff supported the recommendation of the Planning Commission.
Motion was made by Council Member Martin, seconded by Council
Member Morrison to pass on first reading Ordinance No. 2004-00013 as
amended. Motion carried: 7 Yeas, 0 Nays.
(38.) Ordinance No. 2004-00014 - ZONE CASE NO. 2950-A (North
Clinton Avenue to North Brentwood Avenue between Erskine Street
and Colgate Street): Hold a public hearing to consider request of Joel
Wisian for a zoning change from R-2 Specific Use to A-1 Specific Use
for duplexes on Lots 53-172, Fountainwood Addition first reading).
ORDINANCE NO. 2004-00014
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2950-A; A ZONING CHANGE FROM R-2 SPECIFIC
USE TO A-1 SPECIFIC USE FOR DUPLEXES ON LOTS 53-172, FOUNTAINWOOD
ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY, PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:58 a. in. Joel Wisian
appeared on his own behalf. No one appeared in opposition. Mayor
McDougal closed the hearing at 11:01 a. in.
The owners of the duplex subdivision are finding that rental to the student
market is the largest group interested in the units. To avoid the more than
two unrelated issue, a zone change is proposed on the units east of Clinton
Avenue. The duplex units on the West of Clinton are being left as R-2 for
a buffer to the R-1 (single family) zoning facing Dover Avenue.
Adjacent land use:
North — developing residential.
South — vacant, zoned for a church.
East — vacant, zoned residential.
West — duplex residential.
The proposal is consistent with the policies of the Comprehensive Land
Use Plan and zoning policies. The proposal should not have a negative
impact on the thoroughfare system.
The Planning Commission recommended the request with the following
conditions (these conditions exist under the current R-2 zoning):
1. A minimum twenty feet of front setback on regular lots.
2. A minimum of five feet of front setback on cul-de-sac lots with the
exception of garages, which must have a minimum of twenty feet
of setback.
3. A minimum of five feet of side setback from side streets on corner
lots.
FISCAL IMPACT:
Not Applicable.
Staff supported the recommendation of the Planning Commission.
Motion was made by Council Member Martin, seconded by Council
Member Morrison to pass on first reading Ordinance No. 2004-00014 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(39.) Ordinance No. 2004-00015 - ZONE CASE NO. 2997 (7408 82nd
Street): Hold a public hearing to consider request of Stephen
Lampman for a zoning change from T to IHC on Lot 115-A, Rancho
Verde Estates Addition first reading).
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January 22, 2004
Page 81
ORDINANCE NO. 2004-00015
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2997; A ZONING CHANGE FROM T TO IHC ON
LOT 115-A, RANCHO VERDE ESTATES ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:58 a. in. No one
appeared on behalf of Stephen Lampman. No one appeared in opposition.
Mayor McDougal closed the hearing at 11:01 a. in.
The request will accommodate 1HC development for a lot at 82nd Street
and Viola Avenue.
Adjacent land uses:
North — remains unzoned, but will be commercial.
South — commercial.
East — commercial.
West — commercial.
The lots are among several along 82°d Street that have not been zoned
since being annexed in 1999. Lots along 82nd Street to the east and West
have been zoned Interstate Commercial.
The proposed change is in agreement with the Comprehensive Land Use
Plan and zoning policy.
The Planning Commission recommended approval of the request.
FISCAL IMPACT:
Not applicable.
Staff supported the recommendation of the Planning Commission.
Motion was made by Council Member Martin, seconded by Council
Member Morrison to pass on first reading Ordinance No. 2004-00015 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(40.) Ordinance No. 2004-00016 - ZONE CASE NO. 1329-A (1617 27'h
Street): Hold a public bearing to consider request of Douglas Burns
(for Carter Stanley) for a zoning change from A-3 and C-3 to C-2
Specific Use for a hotel and associated commercial uses on Lots 6-11
and 12-16, Block 14, O'Neill Terrace Addition (first reading).
ORDINANCE NO. 2004-00016
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1329-A; A ZONING CHANGE FROM A-3 AND C-3
TO C-2 SPECIFIC USE FOR A HOTEL AND ASSOCIATED COMMERCIAL USES
ON LOTS 6-11 AND 12-16, BLOCK 14, O'NEILL TERRACE ADDITION,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS, PROVIDING A PENALTY,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 10:58 a. in. No one
appeared on behalf of Carter Stanley. No one appeared in opposition.
Mayor McDougal closed the hearing at 11:01 a. in.
New owners of the former Altura Towers (Park Tower) are attempting to
make the structure more marketable. The staff originally recommended
use of AM with a Specific Use Permit, but later amended the
recommendation to C-2 with a Specific Use Permit. The first district
provides for the hotel and will allow the current apartment component to
remain. The C-2 will accommodate the other commercial aspects of the
owners business plan.
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Page 82
Adjacent land use:
North — City park.
South — commercial.
East — residential.
West —commercial.
The applicant included hotel, restaurant, health club, apartments, office,
retail, hair salon, sports grill, grocery store, medical and dental on the
application. The proposed use is an alternative to the current A-3 zoning,
which provides for high-rise apartments and some of the internal office or
business locations now occupying the building.
As an existing structure, the proposed reuse for multiple tenants does not
seem to present a zoning issue. With the adjacent residential, several site
plan safeguards, primarily screening and parking, need to be discussed
before reconstruction
The request is not out of context with the Comprehensive Land Use Plan
nor zoning policy. The staff will refer the owners to the Building
Inspection and Fire Departments for review of any construction related
issues caused by reconstruction or changes in occupancy ratings.
The Planning and Zoning Commission recommended approval of the
request with the following conditions:
1. Prior to reconstruction or reuse of any portion of the structure, a
parking and screening plan (if necessary) will be approved by the
Planning Commission.
2. The Specific Use Permit will provide for continuation of rental of
apartments and for motel use. Otherwise, only C-2 permitted uses
shall be allowed within the structure.
FISCAL IMPACT:
Not Applicable.
Staff supported the recommendation of the Planning Commission.
Motion was made by Council Member Martin, seconded by Council
Member Morrison to pass on first reading Ordinance No. 2004-00016 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
The next items considered were Items 42-43.
ADMINISTRATIVE SERVICES
Parks and Recreation
(41.) Resolution No. 2004-R0044 showing support for the fundraising
efforts of the Lubbock Challenger Baseball League to build a fully
accessible baseball field at Bill McAlister Park.
This item was considered following Item 36.
RESOLUTION NO.2004-R0044
WHEREAS, the City Council of the City of Lubbock hereby shows support for
the fund raising efforts of the Lubbock Challenger Baseball League to build a
fully -accessible sports complex at Bill McAlister Park (the "Project"); and
WHEREAS, the Challenger League is designed for children with disabilities to
participate in a baseball league; and
WHEREAS, the Project is proposed to be located at the Conrado and Lala
Cavazos Baseball Complex at McAlister Park; and
WHEREAS, in August 2002, the City of Lubbock received a grant from the
Texas Parks and Wildlife Department to assist in the construction of the Project and the
City has previously set aside $190,000 for the Project.
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Regular City Council Meeting
January 22, 2004
Page 83
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of
Lubbock shows support for the fund raising efforts of the Lubbock Challenger Baseball
League in conjunction with the Project.
Passed by the City Council this 22nd day of January, 2004.
/s/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Corbin Pemberton
Corbin Pemberton
Parks and Recreation Director
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
The Lubbock Challenger League Baseball Program is designed for
children with disabilities to participate in a baseball league. The League
began over eleven years ago with the support of the American Business
Clubs (AMBUCS). The League has over 125 players, 150 "buddies" that
assist the players and 250 parents and volunteers.
Currently, the Challenger League plays its games at Maxey Park after
Southwest Little League has concluded its season. Challenger League is
planning to begin fundraising efforts to build a fully accessible baseball
field at the Conrado and Lala Cavazos Baseball Complex at Bill McAlister
Park. The field would provide an opportunity for able-bodied children to
mingle and interact with those who are physically and mentally
challenged.
In August 2002, the City of Lubbock received a grant from the Texas
Parks and Wildlife Department to assist in the construction of the project
with $190,000 earmarked for the Challenger League project. The
Lubbock Challenger Baseball League Board is planning to raise an
additional $500,000 for the project. To comply with the state grant, the
funds must be spent by August 2005.
FISCAL IMPACT:
The Lubbock Challenger Baseball League will raise funds to augment the
$190,000 in grant funds that are dedicated to this project.
During the May 28, 2002 meeting of the Parks and Recreation Advisory
Board, the Board recommended the construction of the Challenger League
Baseball Field at the Conrado and Lala Cavazos Baseball Complex located
at Bill McAlister Park.
Corbin Pemberton, Community Projects Manager, gave staff comments.
Mr. Pemberton recognized Jeff Gibson, past president of the Lubbock
Challenger Baseball League and Patty Vanoy.
Mr. Gibson also spoke to the Council.
Motion was made by Council Member Morrison, seconded by Council
Member Gilbreath to pass Resolution No. 2004-R0044 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
The next items considered were Items 37-40.
Regular City Council Meeting
January 22, 2004
Page 84
MISCELLANEOUS
Other
Items 42-43 were considered following Item 40.
(42.) Ordinance No. 2004-00017, proposed by Councilman Boren and
Councilman Martin, amending Chapter 26 of the Code of Ordinances
of the City of Lubbock, Texas, by adding a new Section 26-13
providing for a limitation of ad valorem taxes on homesteads of
disabled and elderly.
ORDINANCE NO. 2004-00017
AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING A NEW
SECTION 26-13 PROVIDING FOR A LIMITATION OF AD VALOREM TAXES ON
HOMESTEADS OF DISABLED AND ELDERLY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND AN
EFFECTIVE DATE HEREOF.
Proposition 13 of the September 13, 2003 Constitutional Proposition
Ballot authorized a county, city, town or junior college district to provide
for a limitation of ad valorem taxes on a residential homestead of a person
who is disabled or aged sixty-five or older.
This proposed tax exemption would allow a person who is disabled or is
sixty-five years of age or older who receives a specified residence
homestead exemption to receive a limitation on ad valorem taxes. The
total amount of ad valorem taxes imposed on that homestead by the City
of Lubbock would not be increased while it remains the residence
homestead of that person or that person's spouse who is disabled or sixty-
five years of age or older and receives a residence homestead exemption
on the homestead.
If the disabled person or person sixty-five years of age or older dies in a
year in which the person received a residence homestead exemption, the
total amount of ad valorem taxes imposed on the homestead by the City of
Lubbock would not be increased while it remains the residence of that
person's surviving spouse if the spouse is fifty-five years of age or older at
the time of the person's death.
The year 2004 would be the year the ad valorem taxes imposed on the
homestead would be set or the limitation established. The year 2005
would the first year individuals over sixty-five or disabled would benefit
from the limitation. Once the limitation is initiated, it is irrevocable.
The City of Lubbock currently has an Over 65 Homestead Exemption of
$16,700 per homestead. This exemption would remain unchanged. The
proposed exemption would be in addition to the $16,700 per homestead.
FISCAL IMPACT:
At this time the Lubbock Central Appraisal District (LCAD) cannot
determine a specific estimate of revenue loss. There are several variables
that influence LCAD's estimate and these are:
1. New exemptions to be added;
2. Old exemptions to be removed;
3. Changes in the number of exemptions that qualify;
4. Net taxable value changes;
5. Exemption amount changes; and
6. Tax rates.
LCAD will not be able to determine the actual revenue loss to the City of
Lubbock until the taxable values are determined in 2005.
Per Council's request.
Mayor McDougal asked: 1) if there was an estimate of a dollar amount;
and 2) how do you define "disabled"?
Regular City Council Meeting
January 22, 2004
Page 85
Council Member Martin read an email from Dave Kimbrough, Chief
Appraiser of Lubbock Central Appraisal District. Mr. Kimbrough stated:
"The taxes can go down due to value or tax rate changes, but can never
exceed the frozen amount in the future unless the improvement is
increased in size. A governing body may not repeal or rescind this act
once it is established."
Council Member Martin further stated there were several variables in
estimating the loss of income to the City. The primary variables would be
net taxable and/or net tax rate changes in the future. At this time, the only
estimate that would give some idea is, if the freeze had been established in
2002, the number of existing taxpayers who qualified in 2003 was 11,383
and the estimated loss would have been $229,559.02.
Council Member Boren stated that in November of 2003, the Lubbock
County citizens, by 89%, passed this measure to freeze taxes as a
Constitutional Amendment.
Motion was made by Council Member Martin, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00017 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
BOARD APPOINTMENTS
(43.) Consider one appointment to the MHMR Board of Trustees.
Motion was made by Council Member Morrison, seconded by Council
Member Gilbreath to appoint Bobby Kazee to the MHMR Board of
Trustees. Motion carried: 7 Yeas, 0 Nays.
11:12 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present.
3:48 P. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
3:48 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Council Member
Martin adjourned the meeting.
ATTEST:
Re cca Garza, City Secret
Read and approved this ' day of ' 2004.
ARCM UGAL, MAYOR
TEST:
Recca Garza, City Secretary
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