HomeMy WebLinkAboutMinutes - City Council - Regular - 10/28/2004CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
OCTOBER 28, 2004
7:30 A.M.
The City Council of the City of Lubbock, Texas met in regular session on the 28th
day of October, 2004, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A.M.
7:32 A.M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Mayor Pro Tem Tom Martin, Council
Member Gary O. Boren, Council Member Linda DeLeon, Council
Member Jim Gilbreath, Council Member Phyllis Jones, Council
Member Floyd Price
Absent: No one
CITIZEN COMMENTS
Six citizens expressed comments to the Council. They were:
• Connie Berly spoke concerning the renaming of Lubbock International
Airport. She presented a petition to Council of citizens opposed to
renaming the airport; however, she stated they were not opposed to
naming a terminal for Preston Smith.
• Marcus Parks, from KTXT FM, Texas Tech Radio Station, appeared
and stated why he disagrees with the City of Lubbock's sign
ordinance.
• R. G. Box had requested to appear to discuss why he agrees with the
City Council's stance on Lake Alan Henry issues; however, he was not
present.
• Speaking for Item 13 were: Dr.. Monte Monroe; Dr. Heenan Johnson;
Betty Wright; Kevin McMahon, Otice Green, Angeles Barrandes and
one other unidentified citizen.
• Speaking for Item 54A were: Rudolph J. Renda, Executive Vice
President (Co -Owner), Oscar Renda Contracting; Arnim Gerstenmeier,
insurance agent for Oscar Renda; Terry Salazar, attorney for Oscar
Renda Contracting; and Andy Trusevich, attorney for Oscar Renda
Contracting.
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; the purchase, exchange, lease or
value of real property; personnel; competitive matters of the public
power utility; and security personnel or devices as provided by
Subchapter D of Chapter 551 of the Government Code, the Open
Meetings Law."
7:55 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 (Cemetery; Fire; Overton Park; Planning and
Transportation; Police; 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 Park).
Regular City Council Meeting
October 28, 2004
Page 372
(3.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters (City
Attorney; City Manager; City Secretary) 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:
Board of Electrical Examiners
Building Board of Appeals
Neighborhood Redevelopment Commission
Planning & Zoning Commission
Structural Standards Commission —
Urban Design/Historic Preservation Commission
West Texas Municipal Power Agency
Zoning Board of Adjustment
( 5.) 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 operation, financial and capital statements
and budgets, revenue and expense projections, strategic
and business plans and studies of Lubbock Power and
Light;
to discuss and deliberate a competitive matter
regarding the strategies, goals, funding and strategic
purpose of the City of Lubbock's relationship with and
membership in the West Texas Municipal Power
Agency. —
(6.) 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).
9:37 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal; Mayor Pro Tern Tom Martin; Council
Member Gary O. Boren; Council Member Linda DeLeon; Council
Member Jim Gilbreath; Council Member Phyllis Jones; Council
Member Floyd Price; Lou Fox, City Manager; Anita Burgess, City
Attorney; and Rebecca Garza, City Secretary
Absent: No one
Mayor McDougal called the meeting to order at 9:37 A. M.
(7.) Invocation by Pastor Gary Kirksey, City View Christian Fellowship.
(8.) Pledge of Allegiance was given in unison by those in the City Council
Chambers to both the United States flag and the Texas flag.
CITIZEN APPEARANCES
(9.) Presentation of a special recognition to the YWCA of Lubbock,
commemorating October 24-30, 2004 as YWCA Week Without
Violence.
The YWCA Week Without Violence will be held October 24-30, 2004 in
collaboration with over fifty local agencies. This campaign will be
centered on practical alternatives to violence with nationwide programs at
YWCAs, schools, community organizations, neighborhoods, and
workplaces. Additionally, the campaign will include a series of national
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Regular City Council Meeting
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and local forums that encourage communities to work together to create
workable alternatives to violence. Accepting on behalf of the local YWCA
were Jo Love Nelson, Chairwoman for the event and Marie Meyer,
President of the Board of the YWCA of Lubbock. Ms. Nelson also
introduced Betty Wright, Executive Director.
FISCAL IMPACT:
Not applicable.
CONSENT AGENDA (Items 10-12. 14-25, 27-29, 31, 33, 35-38)
Motion was made by Council Member Price, seconded by Mayor Pro Tern
Martin to approve Items 10-12, 14-25, 27-29, 31, 33, 35-38 on consent
agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
Motion for Consent Agenda was restated following Item 34.
Mayor McDougal stated that he needed to "clarify on the consent that was
Items 10-38. The motion should read `Pulling Items 13, 26, 34, 30 and 32
for separate consideration and deleting Item 15. Do I need an amendment
to the motion to delete Item 15?"
City Secretary Garza stated that he did.
City Attorney Burgess stated that Item 25 also needed to be a ratification.
She asked that they might reconsider that and ratify it, rather than just
passing it.
Council Member Gilbreath left the dais.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member Price to reconsider Item 25. Motion carried: 6 Yeas, 0 Nays.
Council Member Gilbreath was away from the dais.
Council Member Gilbreath returned to the dais.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Price to consider a resolution ratifying the Mayor's signing of the
Settlement Agreement in Cause No. 2003-523. Motion carried: 7 Yeas, 0
Nays.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Jones, to reconsider Item 15. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 54A.
(10.) Approval of Minutes: October 11, 2004
Regular City Council Meeting
(11.) ORDINANCE NO. 2004-00091—Amending Chapter 16 of the Code
of Ordinances, with regard to definitions related to exceptions to Junk
Vehicles — lawfully parked vehicles; relocation of public nuisance to
another location; providing a penalty; providing a savings clause; and
providing publication (Planning and Transportation) (second and final
reading).
ORDINANCE NO. 2004-00091
AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF
ORDINANCES OF' THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
DEFINTIONS RELATED TO EXCEPTIONS TO JUNKED VEHICLES- LAWFULLY
PARKED VEHICLES; RELOCATION OF PUBLIC NUISANCE TO ANOTHER
LOCATION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
(12.) ORDINANCE NO. 2004-0115—ZONE CASE NO. 2926-A (south of
98th Street and west of Quaker Avenue): Consider request of Ken
Flagg (for Lakeridge Estates of Lubbock, LLP) for a zoning change
from R-1 Specific Use to C-2 on an unplatted 4-acre tract out of
Section 16, Block E2, (second and final reading).
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ORDINANCE NO. 2004-00115
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2926-A; A ZONING CHANGE FROM R-1 SPECIFIC
USE TO C-2 ON AN UNPLATTED 4-ACRE TRACT OUT OF SECTION 16, BLOCK
E2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
The next items considered were Items 14-25.
(13.) ORDINANCE NO. 2004-0113—Amending various Chapters of the
Code of Ordinances of the City of Lubbock, Texas, with regard to
changing the name of Lubbock International Airport to Lubbock
Preston Smith International Airport; and directing the Airport
Director to notify the FAA of said name change and to make such
other changes as may be needed; directing the City Engineer and
Traffic Engineer to indicate said new name on official maps; notify
state officials and to install appropriate signage to reflect such name
as needed; providing a savings clause; and providing for publication
(second and final reading).
ORDINANCE NO.2004-00113
AN ORDINANCE AMENDING VARIOUS CHAPTERS OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
CHANGING THE NAME OF LUBBOCK INTERNATIONAL AIRPORT TO
LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT; AND DIRECTING
THE AIRPORT DIRECTOR TO NOTIFY THE FAA OF SAID NAME CHANGE AND
TO MAKE SUCH OTHER CHANGES AS MAY BE NEEDED; DIRECTING THE
CITY ENGINEER AND TRAFFIC ENGINEER TO INDICATE SAID NEW NAME
ON OFFICIAL MAPS; NOTIFY STATE OFFICIALS AND TO INSTALL
APPROPRIATE SIGNAGE TO REFLECT SUCH NAME AS NEEDED; PROVIDING
A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This item was moved from consent agenda to regular agenda and was
considered following Item 38.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass on second and final reading Ordinance No.
2004-00113 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 26.
Items 14-25 were considered following Item 12.
(14.) ORDINANCE NO.2004-0116—Amending the FY 04-05 Budget by 1)
adding $180,000 to the EQS Environmental Capital Project from the
Gateway Streets Fund, 2) transferring funding from the General
Fund to the Donations Fund, the Municipal Court Fund, and the
Abandoned Vehicles Fund and appropriating said donations to be
used for the donor designated purpose, 3) moving already approved
capital project funding to other projects, and 4) establishing a
$135,938 budget for Texas Department of Transportation (TxDOT)
Signals M. Sharp #2 capital project to be funded by an agreement
with TxDOT (second and final reading).
ORDINANCE NO.2004-00116
AN ORDINANCE MAKING CHANGES IN THE FY 2004-05 BUDGET OF
THE CITY OF LUBBOCK FOR MUNICIPAL PURPOSES.
Add $180,000 to EQS Environmental Capital Project:
City Council authorized capital project 915-8492, EQS Environmental, in
June 2004 in the amount of $650,000. This project is for the conceptual
engineering and environmental documents necessary to obtain federal
and/or state transportation funds or loans from the State infrastructure
bank. These documents will include the following roadways in the
northwest area of Lubbock: Slide Road from 41h Street o Clovis Road (US
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84), including the interchange at Loop 289, Erskine Street from Frankford
to Quaker Avenues, including the interchange at Loop 289, and Loop 289
from Frankford Avenue to Clovis Road (US 84), including reconstruction
of the 4 h Street interchange. Portions of these roadways have been
identified as Gateway Streets.
An RFQ was issued and an engineering agreement has been negotiated
with the number one ranked firm, HNT13 Corporation. While the fee
agreed upon is higher than the original budget, TxDOT staff was included
in the negotiations due to their involvement in the project and more
extensive experience in this type project and they agreed that the fee was
reasonable. This project is scheduled to be completed by November 1,
2005.
The final agreed upon price was Lump Sum for Personnel Services of
$750,812.32 and Reimbursable Expenses Not to Exceed $49,136.31, for a
Total Contract Amount Not to Exceed $799,948.63.
Including the costs for City staff and City expenses, the revised capital
project amount is $830,000.
Transfer funding from the General Fund to the Donations Fund and
appropriating said donations to be used for the donor -designated purpose:
Donations Fund
The City Council has created a special revenue fund, the Donations Fund,
to account for the collection and spending of donations to the City.
This ordinance will transfer all of the currently held donations from the
General Fund into this newly created fund.
Current donations total $218,623 and are appropriated as follows:
Animal Services $ 90,013
Buddy Holly/Arts Center 98,604
Keep Lubbock Beautiful 10,000
Japanese Ambassadors Program 20,006
Total $218,623
Municipal Court Fund
The City Council has created a special revenue fund, the Municipal Court
Fund, to account for funds collected for specific purposes as provided in
the state statute.
This ordinance will transfer all of the currently held specific purpose
collections from the General Fund into this newly created fund.
Current funds available for these specific purposes total $583,368 and are
appropriated as follows:
Security Fee:
City Marshal's salaries, benefits and supplies
Security camera system
Court Improvement Fee:
Remodeling and refurnishing administrative
area of Municipal Court
Court Technology Fee:
New computer system for Municipal Court
Total
$128,444
20,000
45,000
250,000
$443,444
The remaining $139,924 will be available for budgeting as needed.
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Abandoned Vehicles Fund
The City Council has created a special revenue fund, the Abandoned
Vehicles Fund, to account for excess funds collected from the sale of
abandoned motor vehicles. These funds are designated by the State of
Texas for Law Enforcement use.
This ordinance will transfer all of the currently held abandoned vehicle
funds from the General Fund into this newly created fund.
Current funds available totals $255,949 and will be appropriated as
follows:
Law Enforcement Equipment and Technology, including tasers, shotguns
for less lethal ammunition, portable classroom for academy, and
surveillance equipment. $250,000
The remaining $5,949 will be available for budgeting as needed.
Reallocate $83,000 from Health and Community Services Center project
(#9150) to BSL-3 Laboratory project (#90244). The Health and
Community Services Center project involved installing a new elevator and
2nd floor renovations at the Health Department. The BSL-3 Lab is being
constructed in the former undeveloped area also at the Health Department.
Establish a $135,938 budget for Texas Department of Transportation
(TxDOT) Signals M. Sharp #2 capital project to be funded by an
agreement with TxDOT for furnishing and installing traffic signal
equipment on the Marsha Sharp Freeway, between Vicksburg Avenue and
Avenue L.
FISCAL IMPACT:
As described above.
Staff recommended approval of this ordinance.
(15.) Resolution No. 2004-R amending the FY 04-05 Capital Projects
Budget to add the project "TxDOT Signals M. Sharp #2" which will
be funded by an agreement with the Texas Department of
Transportation (TxDOT) (Budget/Traffic Engineering) first reading).
This item was deleted.
(16.) Ordinance No. 2004-00119 abandoning and closing a portion of a
5-foot Lubbock Power and Light underground utility easement
located in Tract D, South Plains Addition to the City (5802 Chicago
Avenue) (Right -of -Way) first reading).
ORDINANCE NO. 2004-00119
AN ORDINANCE ABANDONING AND CLOSING TWO UNDERGROUND
UTILITY EASEMENTS FOR LP&L LOCATED IN TRACT, IN THE SOUTH PLAINS
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.
This ordinance abandons and closes a 0.034 acre (1,481.04 square foot)
portion of a north -south five foot LP&L underground utility easement just
south of 58th Street on what would be the west side of Chicago Avenue.
Home Depot is in the process of constructing a tool rental center on the —
east side of their building that will encroach over this easement and this
closure will allow them to construct their building. A new easement will
be dedicated to replace this easement area being closed.
FISCAL IMPACT:
None.
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The Right -of -Way Department recommended approval of the first reading
of this ordinance.
(17.) Resolution No. 2004-RO517 authorizing the Mayor to execute a
Contract of Sale with George Holland for three properties at 1515,
1517, and 1519 Avenue O (Right -of -Way).
RESOLUTION NO.2004-RO517
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 of Sale between the City of
Lubbock, Seller, and George Holland, Buyer, and any other related documents. The Contract
of Sale provides for the purchase of property described as 1515 Avenue O, 1517 Avenue O,
and 1519 Avenue O, Original Town Addition to the City of Lubbock. Said Contract of Sale
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 28th day of October, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
First Assistant City Attorney
A copy of the Contract of Sale is filed with Resolution No. 2004-R0517.
This resolution authorizes the Mayor to execute a Contract of Sale with
George Holland for three 26-foot wide by 125-foot long City owned lots at
1515, 1517, and 1519 Avenue O, legal description of Lots 8, 9, and 10,
Block: 176, Original Town Addition. These three lots were recently placed
up for public bid and Mr. Holland was the high bidder at $1,163.29.
FISCAL IMPACT:
Income to the City of $1,163.29.
The Right -of -Way Department recommended approval of this resolution.
(18.) Resolution No. 2004-RO518 authorizing the Mayor to execute a
parking lot lease with Premier Training, Inc., d/b/a The Blue Lizard
Bar and Grill for the use of a City parking lot (1801 Avenue G)
(Right -of -Way).
RESOLUTION NO. 2004-RO518
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Lease between the City of
Lubbock and Premier Training, Inc., d/b/a The Blue Lizard Bar and Grill, and related
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documents. Said Lease is attached hereto and incorporated in this resolution as if fully
set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 28th day of October, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
First Assistant City Attorney
A copy of the Lease is filed with Resolution No. 2004-R0518.
This parking lot lease agreement is for Premier Training Inc., d/b/a The
Blue Lizard Bar and Grill located at 620 19th Street to lease 26 parking
spaces in the Buddy Holly Center parking lot located north of 19th Street
and east of Avenue G. Additional parking, per zoning requirements, is
needed for customers of the club during the evening and nighttime hours.
This lease is for two years and the City will receive $130 per month for
this lease. This has been calculated as follows: $15 per space (typical
monthly downtown parking lot space rental rate) x 26 spaces = $390 a
month. Spaces will be leased for 8 hours per day. Therefore, $390 x 1/3
day = $130 due to the City per month.
FISCAL IMPACT:
Income to the City of $130 per month.
The Right -of -Way Department recommended approval of this resolution.
(19.) Resolution No. 2004-RO519 authorizing the Mayor to execute a
resolution releasing a 645 square foot portion of the Texas
Department of Transportation (TxDOT) right-of-way for TuDOT to
convey to the abutting property owner (3723 19th Street)
(Right -of -Way).
RESOLUTION NO.2004-RO519
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
Whereas, a Right -of -Way Deed exists in Section 15, Block B, Lubbock County,
Texas, said right-of-way was dedicated by plat as public right-of-way and filed and
recorded on November 5, 1924, in Volume 92, Page 610, Deed Records of Lubbock
County, Texas, and adjoining that tract of land conveyed to Murphy Addition, L.L.C. in
Special Warranty Deed recorded in Volume 8473, Page 110, real property records of
Lubbock County, Texas;
Whereas, the land specified is no longer needed for the use of citizens as a road;
Whereas, a release of the right-of-way would enable an abutting landowner more
efficient use of the land;
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Whereas, the Texas Department of Transportation has made this request of the City of
Lubbock.
Whereas, the property descriptions for said right-of-way are attached in Exhibits
"A" & "B" of this resolution.
NOW THEREFORE, BE IT RESOLVED that the City of Lubbock does not
interpose any objection for the State to sell and release the said right-of-way to the
abutting landowner.
Passed by the City Council this 28th day of October, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
TxDOT has been approached by the property owner at the southeast
corner of Memphis Avenue and 19'h Street to purchase a 645 square foot
portion of excess 19th Street right-of-way. This excess portion of 19th
Street will no longer be needed by TxDOT when the Marsha Sharp
Freeway Project is constructed and will be sold to the abutting property
owner, Murphy Addition, L.L.C. TxDOT has requested that the City give
permission. This land acquisition is being initiated by the property owner
as part of the Memphis Avenue northbound right hand turn lane project
that the City is planning.
FISCAL IMPACT:
None.
The Right -of -Way Department recommended approval of this resolution.
(20.) Resolution No. 2004-RO520 authorizing the Mayor to sign an
agreement with the Texas Department of Transportation (TxDOT)
for furnishing and installing traffic signal equipment related to US
62/82 (Marsha Sharp Freeway) (Traffic Engineering).
RESOLUTION NO. 2004-RO520
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Agreement for Furnishing and
Installing of Traffic Signal Equipment by a Municipality, and any associated documents,
relating to construction of the Marsha Sharp Freeway by and between the City of
Lubbock and Texas Department of Transportation, a copy of which Agreement for
Furnishing and Installing Traffic Signal Equipment by a Municipality is attached hereto
which shall constitute and be a part hereof as if fully copied herein in detail.
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Passed by the City Council this 28th day of October, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Jere Hart
Jere Hart, Traffic Engineer
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
A copy of the Agreement is filed with Resolution No. 2004-R0520.
This agreement will allow TxDOT to pay the City for furnishing and
installing traffic signal equipment on the Marsha Sharp Freeway between
Vicksburg Avenue and Avenue L. This work will include keeping traffic
signal equipment communications working during the various traffic
control phases of construction, and will also reimburse the City for signal
timing modifications during construction. City forces will not do the major
construction. The City will only be responsible for communications, the
traffic controller (computer) cabinet installations, and traffic signal timing.
This arrangement will allow the City to spend significantly more time
adjusting signal timing during construction and maximizing traffic
movement in the reduced lanes. This agreement is similar to several other
agreements the City has with TxDOT, except that signal timing has been
added in this instance. The estimated time frame for this agreement is
approximately 4-5 years. Total estimated price of the agreement is
$135,938.
FISCAL IMPACT:
The City will be reimbursed for all equipment and labor. Some of the
equipment will only be used during certain phases of the construction and
will become the property of the City. A budget amendment is proposed
separately.
Staff recommended approval of this resolution.
(21.) Resolution No. 2004-RO521 authorizing the Mayor to execute a
Community Development Funding Contract, and all related
documents, between the City and McDonald Transit Associates, Inc.,
d/b/a Citibus, from the Community Development Block Grant
(Community Development).
RESOLUTION NO.2004-RO521
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Community Development
Funding Contract, by and between the City of Lubbock and McDonald Transit
Associates, Inc. d.b.a. Citibus for Paratransit Program from the Community Development
Block Grant and all related documents. Said Contract is attached hereto and incorporated
in this resolution as if fully set forth herein and shall be included in the minutes of the
City Council.
Regular City Council Meeting
October 28, 2004
Page 381
Passed by the City Council this 28th day of October, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Community Development Director
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant: City Attorney
A copy of the Contract is filed with Resolution No. 2004-RO521.
Grantee: McDonald Transit Associates, Inc. d/b/a Citibus
Program: Facilities Improvement Program
Funding Source: 2004-2005 Community Development Block Grant
Fiscal Impact: No impact to general fund; 100% grant funded.
Use of Funds: The funds for this program will be used for the
construction of shelters and benches that will provide a safe environment
for Citibus clients as they wait for bus service.
Amount: $85,000
Match: 25%
Return of Investment: Not required for this project since improvements
will revert back to the possession of the City if Citibus stops providing
services to the community.
Terms: October 1, 2004 through September 30, 2005
Comments: Funding for this contract was approved by City Council at the
June 9, 2004 City Council meeting. The contract is available for review in
the City Secretary's Office.
Community Development recommended approval of this resolution.
(22.) Resolution No. 2004-RO522 authorizing the Mayor to execute a
Community Development Funding Contract, and all related
documents, between the City and McDonald Transit Associates, Inc.,
d/b/a Citibus, from the Community Development Block Grant
(Community Development).
RESOLUTION NO.2004-RO522
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Community Development
Funding Contract, by and between the City of Lubbock and McDonald Transit
Associates, Inc. d.b.a. Citibus for Facilities Improvement Program from the Community
Development Block Grant and all related documents. Said Contract is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
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Passed by the City Council this 28th day of October, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Community Development Director
APPROVED AS TO FORM:
/s/ Amv Sims
Amy Sims, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2004-RO522.
Grantee: McDonald Transit Associates, Inc. d/b/a Citibus
Program: Paratransit Program
Funding Source: 2004-2005 Community Development Block Grant
Fiscal Impact: No impact to general fund; 100% grant funded.
Use of Funds: The funds for this program will be used to partially fund
Citibus' paratransit service. This is a curb -to -curb service that operates
throughout the entire city limits. Passengers are ADA certified to be
unable to use the regular fixed route services that Citibus offers.
Amount: $215,000
Match: 25%
Return of Investment: Not required for Community Development Public
Service.
Terms: October 1, 2004 through September 30, 2005
Comments: Funding for this contract was approved by City Council at the
June 9, 2004 City Council meeting. The contract is available for review in
the City Secretary's Office.
Community Development recommended approval of this resolution.
(23.) Resolution No. 2004-RO523 authorizing the Mayor to execute an
Interlocal Agreement between the City and Lubbock County, adding
the County Sheriffs Office to the City's 800MHz Data Radio System
(Radio Shop).
RESOLUTION NO.2004-RO523
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 Agreement by
and between the City of Lubbock and the County of Lubbock adding the County's
Sheriffs Office to the City's 80OMHz Data Radio System. 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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Page 383
Passed by the City Council this 28th day of October, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Yearwood
Mark Yearwood
Director of Information Technology
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2004-R0523.
The City installed an 800MHz Data Radio System in 1995, which supplies
data communications to the City's Public Safety Departments. The system
utilizes the 800MHz frequency range, and transmits data at 19.2Kbps.
The Sheriffs Office needs mobile access to information such as TLETS
(Texas Law Enforcement Telecommunications System), TCIC (Texas
Crime Information Center), and NCIC (National Crime Information
Center) and is requesting to subscribe to the City's data radio system to
aid their communications with field personnel.
FISCAL IMPACT:
This agreement will add the County's data radios to the Radio Shop
system, and will increase revenue by $5,859 per year.
Staff recommended approval of this resolution.
(24.) Resolution No. 2004-RO524 authorizing the Mayor to execute an
Interlocal Agreement between the City and the City of Shallowater,
adding the Shallowater Police Department to the City's 800MHz
Radio System (Radio Shop).
RESOLUTION NO. 2004-RO524
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 Agreement by
and between the City of Lubbock and the City of Shallowater adding the Shallowater
Police Department to the City's 800MHz Data Radio System. 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 28th day of October, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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Page 384
APPROVED AS TO CONTENT:
/s/ Mark Yearwood
Mark Yearwood
Director of Information Technology
APPROVED AS TO FORM:
/s/ Amv L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2004-R0524.
The City installed an 800MHz Radio System in 1995 which supplies
communications to the City's Public Works and Public Safety
Departments, as well the County Sheriff's Department, EMS, Red Cross,
and Lubbock Independent School District.
The Shallowater Police Department needs to communicate with other
Public Safety Agencies and is requesting to subscribe to the City's radio
system and to purchase radios to aid their communications with other
public safety agencies in the event of an emergency.
FISCAL IMPACT:
This agreement will add one radio to the Radio Shop system and will
increase revenue by $434 per year.
Staff recommended approval of this resolution.
(25.) Resolution No. 2004-RO525 authorizing the Mayor to execute a
Settlement Agreement in Cause No. 2003-523, 381; Zachary Fullerton
v. the City of Lubbock (Legal).
RESOLUTION NO.2004-RO525
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 Settlement Agreement in
Cause No. 2003-523,381. 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 28th day of October, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Lou Fox
Lou Fox, City Manager
APPROVED AS TO FORM:
/s/ Jeff Hartsell
Jeff Hartsell, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2004-R0525.
This item was reconsidered following Item 34.
On or about May 5, 2003, Zachary Fullerton was driving a vehicle in the
vicinity of 6e Street and University Avenue in Lubbock County, Texas
and was involved in a motor vehicle accident with a vehicle driven by a
Regular City Council Meeting
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Page 385
City of Lubbock employee. The City employee was at fault in this
accident and the only issue was the Plaintiffs damages. The Plaintiff
sustained a back injury and accrued a little over $35,000 in past medical
expenses and has asserted that he would incur more medical expenses in
the future and demanded settlement in the amount of $170,000. The City
disputed a portion of the medical expenses submitted by Plaintiff. A
Moderated Settlement Conference was held in August 2004. The findings
of the panel and other issues in this case were discussed with City Council
in Executive Session in September. Based upon the panel's finding in the
Moderated Settlement Conference, the disputed issues of fact, and the
City's costs in trying this lawsuit, the Council authorized the City
Attorney's Office to settle the case within certain parameters. The parties
have agreed to settle the dispute for $72,070.
FISCAL IMPACT:
This settlement will be paid from the Risk Management Fund.
Staff recommended approval of this resolution.
The next items considered were Items 27-29.
(26.) Resolution No. 2004-R authorizing the Mayor to execute an
amendment to Resolution No. 1610, Section II(B), Subparagraph
XI(B) of the City Council Rules, Order of Business and Procedures as
set forth in Volume I of the Policies and Procedures Manual (Airport).
This item was moved from consent agenda to regular agenda and was
considered following Item 13.
No action was taken on this item.
The Airport Advisory Board members currently serve two two-year terms.
Members that have served as Chair during their second term have the
option to remain for a third full term.
At this time there are three Airport Advisory Board members that are not
eligible for another term. The Chair has decided to remain for a third term.
However, prior to this decision, the Airport Advisory Board would have
lost four out its of seven members at one time.
The proposed amendment to Resolution No. 1610 for the City of Lubbock
Council Rules, Order of Business and Procedures manual, adds
requirements specifically associated to the Airport Advisory Board. The
changes are as follow:
Members appointed to a full term may be reappointed for two additional
full terms upon expiration of the original term.
Members appointed to an unexpired term may be reappointed for three
additional full terms upon expiration of the original unexpired term.
Members elected to serve as Chair during their third full term may serve a
fourth full term.
FISCAL IMPACT:
No fiscal impact to the Airport or City.
The Airport Advisory Board and staff recommended approval of this
resolution.
Motion was made by Mayor Pro Tem Martin, seconded by Council
Member DeLeon to take no action on Item 26. Motion carried: 7 Yeas, 0
Nays.
The next item considered was Item 30.
Items 27-29 were considered following Item 25.
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Page 386
(27.) Resolution No. 2004-RO526 authorizing the creation of a special
revenue fund — Municipal Court Fund — to account for the collection
and expenditure of certain specific use fees, authorized and regulated
by State and local statutes, collected by the Municipal Court
(Accounting).
RESOLUTION NO. 2004-RO526
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 create a new special revenue fund "Municipal Court Fund" to account for the
collection and spending of certain specific use fees collected by the Municipal Court. _
Said documents are 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 28th day of October, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Jeff Snyder
Jeffrey Snyder, Chief Accountant
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the documents is filed with Resolution No. 2004-R0526.
The Municipal Court collects certain fines and fees as part of their
operations. Besides the fines collected, there are three specific purpose
fees that are also collected. These specific purpose fees are Municipal
Court Building Security Fees (Code of Criminal Procedure, Article
102.017), Municipal Court Technology Fees (Code of Criminal Procedure,
Article 102.0172), and Time Payment Fees (Government Code, Section
51.921). All three of these fees have state statutory expenditure
requirements. This fund will provide an accurate accounting of the sources
and uses of these monies to demonstrate that the funds are used for their
intended purpose.
Expenditures of these monies require City Council approval through the
normal budget process.
A separate ordinance is also presented to establish the FY 2004-2005
Budget for this fund.
FISCAL IMPACT:
Only these specific Municipal Court Fees will be deposited and accounted
for within this fund.
On approval of this resolution, a total of $583,368 now recorded in the
General Fund will be transferred into the Municipal Court Fund. These
funds represent collections of $402,710 for Security Fees, $131,028 for
Technology Fees, and $49,630 for Time Payment Fees.
Staff recommended approval of this resolution.
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Page 387
(28.) Resolution No. 2004-RO527 authorizing the creation of a new special
revenue fund — Abandoned Vehicle Fund — to account for the
collection and spending of monies received for abandoned vehicle
sales, as required by State statute (Accounting).
RESOLUTION NO.2004-RO527
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 create a new special revenue fund "Abandoned Vehicle Fund" to account for
the collection and spending of monies received for the abandoned vehicle sales. Said
documents are 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 28th day of October, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Jeff Snyder
Jeffrey Snyder, Chief Accountant
APPROVED AS TO FORM:
/s/ John M. Knight
John M. Knight, Assistant City Attorney
A copy of the documents is filed with Resolution No. 2004-R0527.
The City routinely impounds, or causes to be impounded, vehicles
abandoned on City streets, pursuant to Texas Statutes and Codes. These
vehicles are sold at auction if the owners do not claim them after an
extended period. The revenue received from these auctions is used to pay
all associated costs, i.e. auction, towing, preservation, storage fees and
costs of notice or publication. The remaining proceeds, after all pertinent
costs are deducted are required "to be used by the Police Department'.
This fund will provide an accurate accounting of the sources and uses of
these monies to demonstrate that the funds are used for their statutory
purpose.
Expenditures of these monies require City Council approval through the
normal budget process. A separate ordinance is also presented to establish
the FY 2004-2005 Budget for this fund.
FISCAL IMPACT:
Only abandoned vehicle sale proceeds will be deposited and accounted for
within this fund.
On approval of this resolution, a total of $255,949 now recorded in the
General Fund will be transferred into the Abandoned Vehicle Fund. These
funds represent collections of abandoned vehicle sales.
Staff recommended approval of this resolution.
(29.) Resolution No. 2004-RO528 amending the rate and tariff structure of
Lubbock Power & Light, the City of Lubbock's municipally owned
electric utility, by deleting Tariff Number 2.6, Guard Light Service,
for electric customers added on or after October 28, 2004 (LP&L).
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RESOLUTION NO.2004-RO528
WHEREAS, Lubbock Power & Light is the municipally owned electric utility of
the City of Lubbock; and
WHEREAS, pursuant to Section 40.055 of the Texas Utility Code, the City
Council of the City of Lubbock, as the governing body of Lubbock Power & Light has
exclusive jurisdiction to set all terms of access, conditions, and rates applicable to
services provided by Lubbock Power & Light; and
WHEREAS, Section 551.086 of the Texas Government Code authorizes the City
Council of the City of Lubbock, as the governing body of Lubbock Power & Light, to
meet in executive session to discuss, vote and take final action on a competitive matter of
Lubbock Power & Light; and
WHEREAS, pursuant to Section 9-17 of the Code of Ordinances, City of
Lubbock, Texas, all rates to be charged for electric service provided by Lubbock Power
& Light shall be determined by the City Council of the City of Lubbock in a meeting
conducted pursuant to Section 551.086 of the Texas Government Code; and
WHEREAS, the City Council of the City of Lubbock has determined that the
subject matter of this resolution and any and all exhibits attached hereto relate to
Lubbock Power & Light's competitive activity; and
WHEREAS, the City Council of the City of Lubbock implemented the current
rate and tariff structure for residential, commercial, industrial and other retail customers
of Lubbock Power & Light via Resolution No. 2001-RO 103 and became effective
October 8, 2001; and
WHEREAS, the City of Lubbock desires to amend the current rate and tariff
structure by deleting Tariff Number 2.6, the Guard Light Service, for all new customers
of Lubbock Power & Light; and
WHEREAS, the City Council has determined that any customers of Lubbock
Power & Light currently being served by Tariff Number 2.6 will continue to be served by
Lubbock Power & Light under the terms and conditions of Tariff Number 2.6 until such
time as such service is terminated voluntarily or involuntarily by the customer; and
WHEREAS, the City Council has determined in a meeting conducted pursuant to
Section 9-17 of the Code of Ordinances, City of Lubbock, Texas that the current rate and
tariff structure of Lubbock Power & Light should be amended to improve the efficiency
and competitiveness of the City's municipally owned electric utility; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the tariff and rate structure of Lubbock Power & Light shall be amended
by deleting Tariff Number 2.6, Guard Light Service, for all new customers of Lubbock
Power & Light, which shall become effective upon passage of this resolution.
THAT any and all customers being served by Lubbock Power & Light under the
terms and conditions of Tariff Number 2.6, Guard Light Service, prior to the passage of
this resolution, shall continue to be served by Lubbock Power & Light under said terms
of Tariff Number 2.6 until such time as such service is terminated either voluntarily or
involuntarily by the actions of the customer. —
THAT this rate and tariff structure, as amended and including the general terms
and conditions thereof, shall remain in effect until the City Council of the City of
Lubbock authorizes amendment of such rate and tariff structure.
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Page389
Passed by the City Council this 28th day of October, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Carroll McDonald
Carroll McDonald
Director of Electric Utilities
APPROVED AS TO FORM:
/s/ Matthew L. Wade
Matthew L. Wade, Assistant City Attorney
The Utility Board and staff deem it to be in the best interest of the citizens
of the City of Lubbock to eliminate this tariff for customers wanting to
obtain Guard Light Service on or after October 28, 2004. Approximately
400 customers provided with Guard Light Service, which was installed
before October 28, 2004 will continue to be served under the original
terms and conditions contained in the tariff.
FISCAL IMPACT:
This tariff appropriates the cost for installation and maintenance of Guard
Lights, at the rates and expenses from the time it was put into effect.
Elimination of this tariff would be a cost effective maneuver for
Lubbock's municipal owned utility, due to the outdated costs reflected in
that tariff. The current costs outlined in the existing tariff are no longer
sufficient to cover the costs of installation for the Guard Light Service. As
such, elimination of the tariff, and Guard Light Service is a financially
prudent measure to take. Under the current tariff, Lubbock's municipal
owned utility installs Guard Lights for anyone in LP&L's certificated
territory, regardless of choice of primary retail electric service. LP&L's
competitor does not provide Guard Light service.
Staff recommended the approval of this ordinance.
The next item considered was Item 31.
(30.) Resolution No. 2004-RO535 authorizing the Mayor to approve the
name change from Pioneer Park to Roy Furr Pioneer Park (Parks and
Recreation).
RESOLUTION NO. 2004-RO535
WHEREAS, on May 25, 2004, the City Council of the City of Lubbock established the
Roy Furr Honor Committee in order to explore the best options to honor and celebrate the
life of Roy Furr; and
WHEREAS, the Roy Fun Honor Committee presented a proposal to the Parks
and Recreation Ad-7sory Committee to change the name of Pioneer Park to Roy Furr
Pioneer Park; and
WHEREAS, Section 2-259 of the Code of Ordinances of the City of Lubbock
requires the Parks and Recreation Board to submit recommendations to the City Council
with regard to the naming of park facilities; and
WHEREAS, the Parks and Recreation Board set the following criteria for the
candidates:
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Page 390
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; and
WHEREAS, the Parks and Recreation Board reviewed the history of the park at
issue and has submitted its recommendations to the City Council for its approval; and
WHEREAS, the City Council of the City of Lubbock desires to name the
following facility as set forth below in recognition of the historical significance of this
area and to honor Roy Furr for his contributions to the City of Lubbock as set forth
below; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Pioneer Park is hereby named Roy Furr Pioneer Park.
Passed by the City Council this 28th day of October, 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
This item was moved from consent agenda to regular agenda and was
considered following Item 26.
On May 25, 2004, the City Council approved Resolution No. 2004-110247,
which established the Roy Furr Honor Committee and charged five
appointed citizens to explore the best options for honoring and celebrating
the life of Roy Furr. After several months of research, the Honor
Committee contacted the Parks and Recreation Board with a proposal. In
August 2004, the Roy Furr Honor Committee presented the proposal to the
Parks and Recreation Advisory Board to change the name of Pioneer Park
to Roy Furr Pioneer Park. Mr. Roy Furr was a dedicated family and
businessman who made great contributions to Lubbock. Mr. Furr started
the Furr's Corporation in Lubbock, which included cafeterias, as well as
supermarkets, in Lubbock and around the state. The Roy Furr Honor
Committee pointed out that Mr. Furr was truly a pioneer in the
community.
Section 2-259 of the Code of Ordinances of the City of Lubbock requires
the Parks and Recreation Board to submit recommendations to the City
Council with regard to naming of park facilities. A Park Naming
Committee, a subcommittee of the Parks and Recreation Board, was
formed in January 2004. The subcommittee consists of Bobbe Crawford,
Chair, Grey Lewis and Robert Narvaiz. The Parks Naming Policy
stipulates that three names be recommended for each property to be named
and also includes the following criteria for candidates:
The person can be deceased or living.
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Page 391
The person will have made a significant contribution to the community
(land, time, money, programs, etc.)
The name should have regional or cultural significance.
The name should be important to the community.
The park could be named after the subdivision in which it is located, and a
lake could be named after an adjacent park.
The Park Naming Subcommittee reviewed the history of Pioneer Park. In
April 1929, land was purchased at 23`a Street and Avenue L for a park. In
1920, land for two additional parks was acquired. The first was at 6`h
Street and Avenue T, while the second was at 28`h Street and Avenue X.
That same year, the Parks Commission (which eventually became the
Parks and Recreation Advisory Board) named the three parks. The park at
23'd Street and Avenue L was named Highland Park; the park at 6`h Street
and Avenue T was named Pioneer Park; and the park at 28`h Street and
Avenue X was named Rolling Prairie Park. In November 1932, the Parks
Commission began the custom of naming parks for prominent citizens.
Rolling Prairie Park was renamed Carlisle Park in honor of W. A. "Gus"
Carlisle and Highland Park was renamed in honor of Rollie Burns. While
the precedent was set to rename the early parks to honor prominent
citizens, Pioneer Park was never renamed.
After reviewing the park's history, the Park Naming Subcommittee made
the following three name recommendations for Pioneer Park at the
September 28, 2004 Parks and Recreation Advisory Board Meeting:
Roy Furr Pioneer Park
Roy Furr Park
Pioneer Park (no name change)
The Parks and Recreation Board voted to endorse these recommendations
and to forward to the City Council for their consideration.
FISCAL IMPACT:
Costs associated with the name change will be approximately $200. This
will include a new wooden sign for the park, as well as printing new park
location maps. The North Overton Tax Incremental Finance District has
included $500,000 on its project list to renovate Pioneer Park.
Staff recommended approval of this resolution.
Council Member Gilbreath stated that because Mr. Furr was so important
to this community, he felt it was appropriate that Council publicly have a
vote on this item as opposed to leaving it on consent agenda.
Council Members DeLeon and Price reminisced about Mr. Furr.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Gilbreath to pass Resolution No. 2004-RO535 as recommended
by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item 32.
(31.) Resolution No. 2004-RO529 - BID #04-181/RW—for Election Supplies
(City Secretary).
RESOLUTION NO. 2004-RO529
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 Purchase Order for
election supplies per Bid #04-181-RW, by and between the City of Lubbock and Hart
Intercivic, Inc. of Austin, Texas and related documents. Said Purchase Order is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included
in the minutes of the City Council.
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Page 392
Passed by the City Council this 28th day of October, 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/ John Knight
John Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2004-R0529.
This item was considered following Item 29.
This bid is for the purchase of ballots for the City of Lubbock's Special
Charter Amendment Election. This special election is a joint election with
Lubbock County's General Election and includes the Presidential race.
More ballots are necessary this year due to the number of anticipated
voters. In the 2000 Presidential Election, over 70,000 Lubbock citizens
voted.
The purchase of ballots is through the Interlocal Cooperative Purchasing
Agreement between the City and Lubbock County (Reference Lubbock
County Bid #41202). '—
FISCAL IMPACT:
This item has been budgeted.
Award contract to Hart Intercivic, Inc. of Austin, Texas for $26,404.15.
The next item considered was Item 33.
(32.) Resolution No. 2004-R0536; Resolution No. 2004-R0537; Resolution
No. 2004-R0538; Resolution No. 2004-R0539; Resolution No.
2004-RO540 - BID #04-129/VK--for Repair and Servicing of Light
Duty Fleet Vehicles (Fleet Services).
RESOLUTION NO.2004-RO536
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 per ITB
#04-129-VK for repair and servicing of light duty fleet vehicles by and between the City
of Lubbock and Scott's Complete Car Care of Lubbock, Texas, and related documents.
Said contract is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
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Regular City Council Meeting
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Page 393
Passed by the City Council this 28th day of October, 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/ John Knight
John Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2004-R0536.
RESOLUTION NO. 2004-RO537
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 per ITB
#04-129-VK for repair and servicing of light duty fleet vehicles by and between the City
of Lubbock and Pollard Friendly Ford 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 28th day of October, 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/ John Knight
John Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2004-R0537.
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Regular City Council Meeting
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Page 394
RESOLUTION NO.2004-RO538
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 per ITB
#04-129-VK for repair and servicing of light duty fleet vehicles by and between the City
of Lubbock and Williams Brake & Tune 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 28th day of October, 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/ John Knipitit
John Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2004-RO538
RESOLUTION NO.2004-R0539
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 per ITB
#04-129-VK for repair and servicing of light duty fleet vehicles by and between the City
of Lubbock and Rip Griffin Service Center 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 28th day of October, 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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APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2004-RO539
RESOLUTION NO.2004-RO540
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 per ITB
#04-129-VK for repair and servicing of light duty fleet vehicles by and between the City
of Lubbock and Woody Tire Company, 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 28th day of October, 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/ John Knigj2t
John Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2004-R0540.
This item was moved from consent agenda to regular agenda and was
considered following Item 30.
This bid is for the maintenance and repair of the City's light duty vehicles
by multiple repair shops. This program will be carefully monitored to
ensure contractors are performing effective and efficient vehicle repair.
The term of the contract is for the remainder of the 2004-2005 fiscal year,
with an option to renew annually for up to four one-year terms. A contract
provision allows either party the ability to terminate the contract by
providing a 90-day written notice.
In order to ensure adequate coverage for remote locations throughout the
City, and for all makes and models of vehicles, staff recommended
contract award to multiple repair shops to provide the desired services.
Seventy-nine local vendors were notified of the bid.
FISCAL IMPACT:
A total of $500,000 was appropriated with $500,000 available in Account
8202 — Various (Equipment Maintenance Motor Vehicles) for this
purpose.
Staff recommended contract award to Rip Griffin Service Center, Pollard
Friendly Ford, Scott's Complete Car Care, Woody Tire Company, Inc.,
and Williams Brake & Tune of Lubbock, Texas.
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Mayor Pro Tern Martin stated that this item completed the move to
privatize the servicing and work done on City vehicles by outside sources,
rather than the City garage, resulting in saving money and much faster
service from the private sector. He also applauded Robert Robinson, Fleet
Services Manager, for doing a fantastic job.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass Resolution No. 2004-R0536; Resolution No.
2004-R0537; Resolution No. 2004-R0538; Resolution No. 2004-R0539;
Resolution No. 2004-RO540 as recommended by staff. Motion carried: 7
Yeas, 0 Nays.
The next item considered was Item 34.
(33.) Resolution No. 2004-RO530 - BID #04-158/RW—for Clapp Swimming
Pool ADA Renovations (Parks and Recreation).
RESOLUTION NO.2004-RO530
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 per Bid
#04-158-RW for ADA renovations at Clapp Swimming Pool by and between the City of
Lubbock and Tommy Klein Construction, 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 28th day of October, 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/ John Knight
John Knight, Assistant City Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 28th day of October, 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 TOMMY KLEIN CONSTRUCTION, 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 #04-158-RW-CLAPP SWIMMING POOL ADA RENOVATIONS - $56,187.00
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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.
CITY OF LUBBOCK, TEXAS (OWNER)
By: /s/ Marc McDougal
Mayor
ATTEST:
/s/ Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
/s/ Craig Wuensche
Owner's Representative
/s/ «Director»
Director
APPROVED AS TO FORM:
/s/ John M. Knight
City Attorney
TOMMY KLEIN CONSTRUCTION, INC.
By: /s/ Karen Klein
PRINTED NAME: Karen Klein
TITLE: President
COMPLETE ADDRESS:
Tommy Klein Construction
P. O. Box 94085
Lubbock, TX 79493
ATTEST:
/s/ Tommy Klein
Corporate Secretary
This item was considered following Item 31.
This project involves renovations to the existing Clapp Pool Complex to
make ADA compliant so that it is accessible to all citizens of the City of
Lubbock. These renovations will increase participation, provide a safe and
secure program, provide for a family -oriented environment, and increase
revenues. Other benefits of the project will be to provide a positive
recreational experience, upgrade and modify current facilities and provide
adaptive aquatics programs.
Seventy-one local contractors were notified of the Invitation to Bid.
FISCAL IMPACT:
A total of $67,251 was appropriated with $67,251 available in Account
80016 (Water Playground - Parks) for this purpose.
Staff recommended contract award to Tommy Klein Construction, Inc. of
Lubbock, Texas for $56,187.
The next items considered were Items 35-38.
(34.) Resolution No. 2004-R0541 - BID #04-161/BM—for the Replacement
of a 24-inch Steel Aerial Sewer Pipeline located near Atzlan Park
(Water Utilities Engineering).
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RESOLUTION NO.2004-RO541
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 per
Bid # 04-161-BM for replacement of 24-inch steel aerial sewer line 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 28th day of October, 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
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 281h day of October, 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 #04-161- BM — REPLACE 24-INCH STEEL AERIAL SEWER PIPELINE
- $275,236.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially complete
same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
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Page 399
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.
CITY OF LUBBOCK, TEXAS (OWNER)
By: /s/ Marc McDougal
Mayor
ATTEST:
BROWN-MCKEE, INC.
By: /s/ Mike P. Oles
PRINTED NAME: Mike P. Oles
TITLE: President
/s/ Rebecca Garza COMPLETE ADDRESS:
City Secretary Brown -McKee, Inc.
P. O. Box 3279
APPROVED AS TO CONTENT: Lubbock, Texas 79452
/s/ Wood Franklin
Owner's Representative
/s/ ATTEST:
Director
/s/ «CorpSecretary»
APPROVED AS TO FORM: Corporate Secretary
/s/ Don Vandiver
City Attorney
This item was moved from consent agenda to regular agenda and was
considered following Item 32.
This project will replace approximately 600 feet of 24-inch steel, aerial
sanitary sewer line located near Atzlan Park and Canyon Lake Dam #3.
This project includes the demolition and disposal of the existing sewer
pipe, furnishing and installing new sewer pipe on the existing piers, and
diverting the flow of sewage during the construction and installation of the
new aerial pipeline. The existing sewer pipeline is over 50 years old and
has severe corrosion along the entire length of the aerial line. Structural
failure of this aerial line would pose a risk to the public's health and safety
if a spill were to occur into the Canyon Lake System.
Time for completion is 120 calendar days and liquidated damages are
$1,000 per day.
Sixty-three local contractors were notified of the Invitation to Bid.
Brown -McKee of Lubbock, Texas was the sole bidder. Twenty-four
potential contractors viewed the project advertisement. Nine potential
contractors (seven local) requested plans and specifications. The lack of
interest on this project is attributed to the potential bidders having an
abundance of ongoing projects.
FISCAL IMPACT:
A total of $750,000 was appropriated with $290,000 available in Project
90281 (Major Sanitary Sewer Line Replacement) for this purpose.
Staff recommended contract award to Brown -McKee, Inc. of Lubbock,
Texas for $275,236.
Council Member DeLeon stated that she requested this item be moved to
regular agenda. She read from council backup as follows: "The structural
failure of this aerial line would pose a risk to the public's health and safety
if a spill were to occur into the Canyon Lake System." She suggested that
in the future, having the City move towards rerouting and burying this
line, rather than have the unsightly 24-inch pipe going over the Canyon
Lakes.
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Page 400
Wood Franklin, Interim Chief Engineer, Water Utilities, gave staff
comments and stated staff would put together a feasibility study for
Council.
Mayor McDougal asked that the study be done and brought back on a
work session agenda.
Motion was made by Council Member DeLeon, seconded by Council
Member Price to pass Resolution No. 2004-RO541 as recommended by
staff. Motion carried: 7 Yeas, 0 Nays.
At this time, motion for Consent Agenda was restated.
Items 35-38 were considered following Item 33.
(35.) Resolution No. 2004-RO531 - BID #04-172BM—for 2005 Ford Police
Interceptors (Fleet Services).
RESOLUTION NO.2004-RO531
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 Purchase Order for 2005
Ford police interceptors per Bid #04-172-BM, by and between the City of Lubbock and
Philpott Motors, LTD., of Port Neches, Texas, and related documents. Said Purchase
Order is attached hereto and incorporated in this Resolution as if fully set forth herein and
shall be included in the minutes of the Council.
Passed by the City Council this 28th day of October, 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/ John Knight
John Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2004-RO531.
This bid is for the purchase of fifty-four 2005 Ford Police Interceptors.
These vehicles are available through the Texas Building and Procurement
Commission (TBPC) State Contract #070-A2 from Philpott Motors of Port
Neches, Texas. This contract expires October 31, 2004 and police vehicles
ordered by this date will be delivered during January 2005. Police vehicles
ordered on a subsequent TBPC State contract are subject to a price
increase and a delayed delivery schedule.
The Texas Building and Procurement Commission administers a
cooperative purchasing program created by legislation in 1979 in
accordance with Sections 271.081-271.083 Local Government Code,
V.T.C.A., Section 2155.202 and 2175.001(1) of the Texas Government
Code, Title 10, Subtitle D. This legislation provides the legal authority for
local governments to participate in the Texas Building and Procurement
Commission Cooperative Purchasing (TBPC Co -Op) program. All state
contract purchases made through the TBPC Co -Op have already been
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Page 401
competitively bid and awarded by the Commission based on Texas
statutes. This eliminates the need for members to go through the bidding
process. The end result is a reduction in administrative efforts and
compliance with competitive bidding requirements.
FISCAL IMPACT:
A total of $755,000 was appropriated with $755,000 available in Project
945-8503 (Patrol Unit Replacements 2004-2005) for this purpose.
Vehicles that will be financed total $1,238,733. Financing will be bid
separately.
Award contract to Philpott Motors, Ltd. of Port Neches, Texas for
$1,238,733.
(36.) Resolution No. 2004-RO532 - BID #04-176/BM—for Light Bars and
Sirens (Fleet Services).
RESOLUTION NO.2004-RO432
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 Purchase Order for 2005
Ford police interceptors per Bid #04-176-BM, by and between the City of Lubbock and
Emergency Vehicle Equipment of Arlington, Texas, and related documents. Said
Purchase Order is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council this 28th day of October, 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/ John Kni &t
John Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2004-R0532.
This bid is for the purchase of 54 light bars and sirens for 2005 Ford
Police Interceptors. The light bars and sirens are being purchased through
the Tarrant County Interlocal Cooperative Purchasing Agreement
approved by City Council on October 11, 2004.
FISCAL IMPACT:
A total of $755,000 was appropriated with $755,000 available in Project
945-8503 (Patrol Unit Replacements 2004-2005) for this purpose.
Award contract to Emergency Vehicle Equipment of Arlington, Texas for
$97,794.
(37.) Resolution No. 2004-RO533 - BID #04-177BM—for Rear Loading
Refuse Packer Body (Fleet Services).
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Page 402
RESOLUTION NO.2004-RO433
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 Purchase Order for 2005
Ford police interceptors per Bid #04-177-BM, by and between the City of Lubbock and
HEIL OF TEXAS of Irving, Texas, and related documents. Said Purchase Order is
attached hereto and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the Council.
Passed by the City Council this 28th day of October, 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/ John Knight
John Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2004-R0533.
This bid is for the purchase of one rear loading refuse packer body with
the capability to pick up bulky items and cart -type trash containers for the
Solid Waste Department. The rear loader will have a 25 cubic yard high
compaction body with 3.94 cubic yards available for the pick up of bulky
items such as old mattresses, furniture, tree limbs and other items from
alleys that do not fit into the dumpster. Many times, bulky items are
placed in the alley in such a manner that it requires the Solid Waste driver
to get out of the vehicle and move the item before being able to empty the
dumpster, The rear loading packer body will also be used for manual trash
pick-up in areas where the alley is inaccessible for various reasons.
Purchase of this equipment is
purchasing agreement between
Houston -Galveston Area Council
for this equipment.
FISCAL IMPACT:
through an inter -local cooperative
the City of Lubbock and the
(H-GAC). There are no local suppliers
A total of $125,000 was appropriated with $123,000 available in Project
90288 (Solid Waste Major Equipment Replacement 02-03) for this
purpose.
Award contract to Heil of Texas of Irving, Texas for $51,285.
(38.) Resolution No. 2004-RO534 - RFQ #027-04/VK—for Environmental
Assessment and Remediation of Former Police Firing Range
(Environmental Compliance).
RESOLUTION NO.2004-RO534
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
environmental assessment & remediation of former police firing range, by and between
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Page 403
the City of Lubbock and Shaw Environmental, Inc. of Irving, 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 28th day of October, 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/ John Knight
John Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2004-R0532.
The purpose of this contract is for professional services with an
environmental/engineering firm for the environmental assessment,
remediation design, and project monitoring and reporting services to be
performed at the former City of Lubbock Police Firing Range, located at
615 Municipal Drive. Federal and State environmental regulations require
that lead and any other chemicals of concern be removed from the site and
disposed of properly, and that the site be assessed and closed to the
satisfaction of the regulatory authorities.
Statements of Qualifications were received from 10 firms and were ranked
as follows:
Shaw Environmental, Inc.
Irving, TX
380
Intera, Inc.
Austin, TX
371
Conestoga -Rovers & Associates
Houston, TX
363
Kellogg Brown & Root
Houston, TX
323
AMEC Earth & Environmental, Inc.
El Paso, TX
320
CH Guernsey & Company
Oklahoma City,
243
OK
Applied Earth Sciences, Inc. (AES)
Austin TX
236
Llano Permian Environmental
Amarillo, TX
236
Professional Service Industries (PSI)
Dallas, TX
183
Grimes & Associates, LP
Wolfforth, TX
180
The firms were rated on team organization and qualifications (40%), past
_ project experience (30%), project approach (20%), overall responsiveness
(10%).
This Professional Services Contract will
accomplish Phase
I of a
two-phase project. The Phase II proposal to conduct the actual site
remediation/cleanup will be submitted to the City Council for review and
approval following completion of Phase I.
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Page 404
FISCAL IMPACT:
A total of $210,000 was approved for this purpose in the 2004-2005
General Facilities and System Capital Projects budget.
Staff recommended contract award to Shaw Environmental, Inc. of Irving,
Texas for $95,000.
The next item considered was Item 13.
PUBLIC HEARINGS
Items 39-40 were considered following Item 72.
Council Member Boren left the dais.
10:40 A.M. Special
(39.) Hold a public hearing, pursuant to Section 2-485 of the Code of
Ordinances of the City of Lubbock, to consider a proposed
amendment to Section 2-484 (b) of the Code of Ordinances of the City
of Lubbock amending the definition of the operations, rate
stabilization and electric utility development reserve funds of
Lubbock Power & Light.
Mayor McDougal opened the public hearing at 10:40 a. m. No one
appeared on behalf of this amendment. No one appeared in opposition.
Mayor McDougal closed the hearing at 10:40 a. m.
(40.) Ordinance No. 2004-00118 amending Section 2-484 (b) of the Code of
Ordinances of the City of Lubbock amending the definition of the
operations, rate stabilization and electric utility development reserve
funds of Lubbock Power & Light (first reading).
ORDINANCE NO.2004-00118
AN ORDINANCE AMENDING SECTION 2-484 (b) OF ARTICLE XVIII OF
CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY
CHANGING THE DEFINITION OF THE OPERATIONS, RATE STABILIZATION
AND ELECTRIC UTILITY DEVELOPMENT RESERVE FUNDS OF LUBBOCK
POWER & LIGHT FROM BEING BASED ON OPERATING EXPENSES TO BEING
BASED ON GROSS RETAIL ELECTRIC REVENUE; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
When the Committee made the recommendation for reserves, they
recommended three months revenue, two months for rate stabilization, and
one month for economic development. At that time, LP&L did not have a
gas contract. The gas that LP&L will sell will increase LP&L revenues
from approximately $90 million to $188 million per year. With the
existing definition the requirements per month grow to $15,600,000 from
$7,500,000, and would also require $94 million, instead of the originally
anticipated $45 million in reserve before a transfer to the General Fund
could be made.
This ordinance allows a change in the definition, which will now exclude
the Xcel gas contract revenues in the rate stabilization and reserve
requirements calculations.
FISCAL IMPACT:
The definition change will provide for reserve balances that are in line
with the Committee's original recommendation.
Staff recommended approval of this ordinance.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00118 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Council Member Boren was away from the dais.
The next item considered was Item 46.
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Page 405
Zoning
Items 41-45 were considered following Item 48.
(41.) Ordinance No. 2004-00122 - ZONE CASE NO. 3020 (east of North
University on Kent Street): Hold a public hearing to consider the
request of Charles D. Hays for a zoning change from R-1 to R-1
Specific Use for Residential Estates on 9.30 acres of unplatted land in
the northwest corner of the northeast quarter of Block A, Section 11,
(first reading).
ORDINANCE NO.2004-00122
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3020; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE FOR RESIDENTIAL ESTATES ON 9.30 ACRES OF UNPLATTED
LAND IN THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
BLOCK A, SECTION 11, LUBBOCK, TEXAS; PROVIDING A PENALTY,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 11:12 a. m. Charles Hayes
appeared on behalf of his wife and himself. No one appeared in
opposition. Mayor McDougal closed the hearing at 11:15 a. m.
The applicant bought ten acres north of the Canyon on Kent Avenue and
wants to build a home there and have several horses. There is no
development in the immediate vicinity.
Adjacent land use:
North — agricultural use in all directions
South — agricultural use in all directions
East — agricultural use in all directions
West — agricultural use in all directions
The proposal is Residential Estates, which allows the keeping of livestock
on the property when the owner lives on the lot.
As residential, the request is consistent with the Comprehensive Land Use
Plan. Most areas zoned RE are larger subdivisions, but there is no
constraint in the Zoning Code for one lot to be zoned to allow livestock,
especially when there is little likelihood of development in the area in the
near future.
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 Boren, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00122 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(42.) Ordinance No. 2004-00123 - ZONE CASE NO. 3021 (5200 Ursuline
Street): Hold a public hearing to consider the request of LaVonne
Baxter for a zoning change from R-1 to C-3 on 10 acres of unplatted
land in the northeast corner of Block JS, Section 6, (first reading).
ORDINANCE NO. 2004-00123
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3021; A ZONING CHANGE FROM R-1 TO C-3
ZONING ON 10 ACRES OF UNPLATTED LAND IN THE NORTHEAST CORNER
OF BLOCK JS SECTION 6, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
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Page 406
Mayor McDougal opened the public hearing at 11:12 a.m. LaVonne
Baxter appeared on behalf of herself. No one appeared in opposition.
Mayor McDougal closed the hearing at 11:15 a. m.
The applicant is requesting commercial zoning on a ten -acre corner at the
intersection of two section lines in accordance with the Comprehensive
Land Use Plan.
Adjacent land use is agricultural in all directions for the time being. Two
new subdivisions to the south and east include North Pointe and
Lynnwood.
When the North Point Addition redesigned the old Pebble Hills plat (a
preliminary plat that was originally proposed in the 1970s), the developer
requested that both sides of Slide Road be within the new subdivision,
based on the lack of other anticipated development in the area. The public
improvements in the median of Slide Road are going to be supported by a
Public Improvement District Assessment, and the land on both sides of
Slide Road being in one development would best serve that purpose. The
North Pointe developer will also bear the cost of both sides of the
thoroughfare. To accommodate the objective, Slide Road was approved
within the plat to curve to the east, just south of the middle of the section
to the south.
The process of relocating the position of Slide Road off the customary
section line left the property of Ms. Baxter and her family estate not
adjacent to the north/south thoroughfare (Slide Road) but remaining at the
intersection of the north/south section line (where Slide Road would have
been) and the east/west section line (Ursuline Street). In accordance with
the Comprehensive Land Use Plan, staff indicated to the applicant that a
zone case for the ten acres illustrated on the Plan would be honored. The
project meets zoning policy and will mesh with the commercial and
duplex zoning that is in place to the east in the North Pointe Addition.
The project will not have any greater effect than anticipated on the
thoroughfare system.
The Planning Commission recommended approval of the request.
FISCAL IMPACT:
Not applicable.
Staff supported the recommendation of the Planning Commission.
Randy Henson, Senior Planner, answered questions from Council Member
Gilbreath.
Motion was made by Council Member Boren, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00123 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(43.) Ordinance No. 2004-00124 - ZONE CASE NO. 2926-B (9801-9816
Salisbury Avenue): Hold a public hearing to consider the request of
Lakeridge of Lubbock for a zoning change from R-1 Specific Use for
setback to R-1 Specific Use for garden homes on Lots 110-125,
Lakeridge Estates, first reading).
ORDINANCE NO. 2004-00124
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2926-13; A ZONING CHANGE FROM R-1 SPECIFIC
USE FOR SETBACK TO R-1 SPECIFIC USE FOR GARDEN HOMES ON LOTS 110-
125, LAKERIDGE ESTATES, LUBBOCK, TEXAS; PROVIDING A PENALTY,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 11:12 a.m. No one
appeared on behalf of Lakeridge of Lubbock. No one appeared in
opposition. Mayor McDougal closed the hearing at 11:15 a.m.
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The applicant is requesting a cul-de-sac adjacent to 98th Street and west of
Savannah Avenue in the Lakeridge South Addition be rezoned from single
family with reduced front setback to R-1 Specific Use for Garden Homes.
Adjacent land uses:
North — 98th Street
South — residential, vacant
East — commercial, vacant
West -- residential
The proposal is consistent with both zoning and Comprehensive Land Use
Policy. The project will have not have a negative effect on the
thoroughfare system.
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 Boren, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00124 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(44.) Ordinance No. 2004-00125 - ZONE CASE NO. 2889-A (6013 63rd
Street): Hold a public hearing to consider the request of Michael
Long (for Cox Communications) for a zoning change from C-4 to C-4
Specific use for an 80-foot communications tower on a portion of
Tract A, Cox Communications Addition, first reading).
ORDINANCE NO. 2004-00125
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2889-A; A ZONING CHANGE FROM C-4 TO C-4
SPECIFIC USE FOR A COMMUNICATION TOWER ON A PORTION OF TRACT A,
COX COMM ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 11:12 a. m. No one
appeared on behalf of Michael Long (for Cox Communications). No one)
appeared in opposition. Mayor McDougal closed the hearing at 11:15
a.m.
Cox Communication is proposing construction of an 80-foot
self-supporting tower to provide a broadband microwave link to the
several schools and governmental entities in Southwest Lubbock.
Adjacent land uses:
North — commercial
South — commercial
East — commercial
West — commercial
As Specific Use, the function of the hearing process is to determine
compatibility with adjacent land uses. One adjacent commercial property
owner withdrew opposition (Scoggin Dickey). The area between Spur 327
and 66t' Street has been targeted for heavy commercial use in the
southwest part of the community.
The single issue that staff asked Mr. Long to investigate is the ability for
use of a monopole structure versus the proposed "self supporting" (with a
lattice system of support). The monopole has a better aesthetic appeal.
Cox Communications indicates that the self-supporting is necessary
primarily because of engineering/wind load issues. Information from the
contractor also indicates that monopole construction is approximately four
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Page 408
times the cost of self-supporting and a monopole is not sufficient to bear
the wind load of the equipment that will be placed on the tower.
Eventually, a building on 66`h Street will shield most visual access to the
tower from the residential to the south (the tower location is adjacent to
63`d Street.)
One resident south of 66th Street mentions concern for microwave
frequency interference. Frequency issues are monitored and controlled by
the FCC and are not subject to discussion within a zone case.
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 Boren, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00125 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(45.) Ordinance No. 2004-00126 - ZONE CASE NO. 2658-G (east of Gary
Avenue and south of 50`h Street): Hold a public hearing to consider
the request of Max W. Richardson (for U-Stor of Lubbock, LLC) for
a zoning change from A-2 to C-4 Specific Use for mini -warehouse and
office warehouse on a portion of Tract E, Boardwalk Addition, (first
reading).
ORDINANCE NO.2004-00126
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2658-G; A ZONING CHANGE FROM A-2 TO C-4
SPECIFIC USE FOR MINIWAREHOUSE AND OFFICE WAREHOUSE ON A
PORTION OF TRACT E, BOARDWALK ADDITION, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 11:12 a.m. No one
appeared on behalf of Max W. Richardson (for U-Stor of Lubbock, LLC).
No one appeared in opposition. Mayor McDougal closed the hearing at
11:15 a.m.
The request is divided into two parts: an office/warehouse complex on the
parcel adjacent to Gary Avenue, and an extension of the mini -warehouse
complex to the east that will provide a double row of RV parking. The
office/warehouse project will have access from Gary Avenue; the RV
parking will have access from the existing mini -warehouse project.
Adjacent land use:
North — commercial
South — senior living facility
East — mini -warehouse complex
West — single family (south of the alley north of 53`d Street and
commercial north to 50`h Street
The project is more intense as a land use than would normally be expected
for a parcel with the adjacent land uses in this area. In the alternative, the
remnants of the former Monterey Center have been slow to develop and
this particular lot is certainly an "off' parcel. The applicant is proposing to
locate a CMU (cinder block) fence on the south property line to buffer the
adjacent senior residential facility and the Planning Commission amended
his request from a brick pier with wrought iron fence along Gary Avenue
to a brick pier with wood inserts along Gary Avenue. As noted, the
proposed use for the west lot is two buildings that have the capacity to
offer an office or retail showroom and warehouse for various users - such
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Page 409
as a building, plumbing or electrical contractor. No outside storage will be
permitted in the west portion.
The second project, a double row of covered RV parking structures, would
be sandwiched between the office/warehouse project and the existing
mini -warehouse project. The design and location of the current mini -
warehouse project has been a good "out of the way" use for the core area
of the former shopping center site. To staff s knowledge, the current mini -
warehouse project has not had a negative effect on the senior living
facility.
The parcel is designated as commercial on the Comprehensive Land Use
Plan. As noted in the introduction, the intensity of the zoning is the
greatest topic for discussion. The office/warehouse facility would create
less traffic than most commercial uses, and the site plan regulates traffic to
an access point on Gary Avenue that is across from the commercial to the
west. No entrance will be located adjacent to the residential on Gary
Avenue or the senior living facility on the south. Access to the RV parking
sheds would be from the U-Stor of Lubbock facility. Also, there is no
connection between the two projects proposed in this request.
Impact on the thoroughfare system would be minimal.
With the creation of an "out -of -way" compound, the Planning
Commission did not express concern for the heavier use of the property.
The Planning Commission recommended approval of the request with two
conditions:
Tied to the site plan and building elevation.
Provide a brick pier and wooden insert screening fence on Gary Avenue,
with a step-down at the entrance.
FISCAL IMPACT:
Not applicable.
Staff supported the recommendation of the Planning Commission.
Motion was made by Council Member Boren, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00126 as
recommended by staff. Motion carried: 6 Yeas, 1 Nay. Mayor Pro Tem
Martin Nay.
The next item considered was Item 47.
(46.) Ordinance No. 2004-00120 - ZONE CASE NO. 3023 (Avenue T to
Avenue R from 4ch to 7ch Streets): Hold a public hearing to consider
the request of McDougal Construction (for McCanton Wood) for a
zoning change from IHC, A-2, R-2, R-3 to IHC Specific Use for a
Walmart Super Center on All of Blocks 31, 32,107, 108, 111, and Lots
13-24 and the south 50 feet of Lots 1-12 of Block 33, Overton
Addition, first reading).
ORDINANCE NO. NO.2004-RO120
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3023; A ZONING CHANGE FROM IHC, A-2, R-2
AND R-3 TO IHC SPECIFIC USE FOR A WAL-MART SUPER CENTER ON ALL OF
BLOCKS 31, 32, 107, 108, 111 AND LOTS 13 THROUGH 24 OF BLOCK 33,
OVERTON ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
This item was considered following Item 40.
Mayor Pro Tem Martin opened the public hearing at 10:41 a. in. Mike
McDougal appeared on behalf of McDougal Construction (for McCanton
Wood) and John Cornelson on behalf of Dunaway Associates. No one
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Page 410
appeared in opposition. Mayor Pro Tem Martin closed the hearing at
10:44 a. m.
The applicant is requesting a change of zoning to accommodate
development of approximately 22 acres as a Super Wal-Mart.
Adjacent land uses:
North — commercial and 4th Street
South — duplex zoning, a mixture of residential land use types
East — commercial
West — former apartments, a City park and a public school
The request represents a minor change to the Comprehensive Land Use
Plan as amended to accommodate Overton Redevelopment. The Planning
Commission motion includes the recommendation for amendment. A
commercial development of this stature on the east end of the subdivision
was not foreseen during formulation of the current Plan. From a Planning
perspective, this use occupies a large area of the subdivision that would
have been the hardest to redevelop. Some of the uses along Avenue Q and
on the east end of the subdivision make this vicinity more difficult than
the higher profile locations on the west end adjacent to University Avenue.
The applicant responded to concern on the part of the developer and City
staff for buffering the west and south boundaries of the project. The site
plan indicates an eight -foot masonry wall on the south and west sides,
particularly the area on the west side adjacent to the school and park. One
exception is a truck entrance on 7`h Street, which will be constructed in a
manner, which will require trucks to approach and leave to the east
(Avenue Q).
The entrance will have a turning radius, which an eighteen-wheeler cannot
make from the lot onto 7`h Street heading west, or from the west on 7`h
Street into the lot. The entrance from Avenue S is toward 4`h Street,
across from what will be light commercial or medium density residential.
Both of these design elements will discourage increased amounts of truck
traffic adjacent to the school and park site. The truck entrance on 7`h
Street is necessary, because the orientation of the building on the site does
not have room to allow a full turning radius for large trucks behind the
store, and Walmart wants to prevent the truck traffic from having to mix
with the customer parking areas on the east (front) side of the store.
Two citizens appeared in opposition. The first is the mother of a youngster
at Ramirez Elementary School, and is concerned about increased traffic in
the area. Traffic will increase, not only because of Walmart, but also
because of the entire redevelopment process. The screening wall and
discouragement of truck traffic is directly intended to benefit the school
and the park. A second person indicated general opposition to Wal-mart
and the effect they have on independent businesses.
The project will have a marked impact on the thoroughfare system, but
primary access is designed from the future Marsha Sharp Freeway service
road and Avenue Q that will provide more than adequate capacity for the
increased traffic.
The site plan is being made a part of a Specific Use Permit with the
following provisions:
Tied to the proposed site plan, building elevation, materials and signage.
Should a fifty -foot parcel to the north be acquired, the building may shift
to the north.
An eight -foot perimeter fence (materials illustrated on the site plan) on a
major portion of the south and west boundary, with one drive cut through
the fence on 7`h Street for truck traffic. The entrance will be designed to
enter from the east, and to exit to the east, to discourage any truck traffic
west to Avenue T.
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Except in one location on Avenue T, a ten -foot strip of private property
exists outside the fence adjacent to 7`h Street and Avenue T for
landscaping.
Tied to the parking as illustrated.
Tied to the proposed landscape areas.
Outdoor display is permitted at the designated locations (noted on the site
plan) under canopy along the front of the building and at the garden center
area.
An outdoor display area is located in the parking lot that is surrounded by
a wrought iron fence with landscaping. The facility is designed for
customers to drive thru and load bagged or other bulky goods.
The garden center has an exterior wrought iron fence on the east front and
a tall chain link fence on the north storage area.
Setback of the proposed gasoline canopy for the facility located adjacent
to the former Avenue S and 0 Street.
Within this Specific Use Permit the sign package illustrates the wall
signage and three freestanding signs:
A primary freestanding sign on Marsha Sharp adjacent to the existing
Avenue S not to exceed 35 feet in height.
A pedestal -style sign on one of the Avenue R entrances.
A freestanding sign in the parking lot directing the way to the tire and lube
center.
Comments from the Planning Commission indicated a very positive
opinion for this added development in the Overton Project. The Planning
Commission recommended approval of the request with the stated
conditions.
FISCAL IMPACT:
Not applicable.
Staff supported the recommendation of the Planning Commission.
Council Member Boren returned to the dais.
Motion was made by Council Member Boren, seconded by Council
Member Price to pass on first reading Ordinance No. 2004-00120 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Mayor McDougal recused himself.
The next item considered was Item 48.
(47.) Ordinance No. 2004-00127 - ZONE CASE NO. 2178-H (southeast
corner of 98th Street and Jordan Avenue): Hold a public hearing to
consider the request of Hugo Reed and Associates, Inc. (for Peoples
Bank) for a zoning change from GO, C-2 to AM Specific Use on 1.5
acres of unplatted land out of Block E-2, Section 18, first reading).
ORDINANCE NO. 2004-00127
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2178-H; A ZONING CHANGE FROM GO AND C-2
TO AM SPECIFIC USE FOR A BANK ON 1.5 ACRES OF UNPLATTED LAND OUT
OF BLOCK E-2 SECTION 18, LUBBOCK, TEXAS; PROVIDING A PENALTY,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
This item was considered following Item 45.
Mayor McDougal opened the public hearing at 11:12 a.m. No one
appeared on behalf of Hugo Reed and Associates, Inc. (for Peoples Bank).
No one appeared in opposition. Mayor McDougal closed the hearing at
11:15 a.m.
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The applicant is requesting a branch bank. The Specific Use Section of the
Zoning Code provides for such use in the AM District.
Adjacent land use:
North — commercial and residential
South — apartment zoning, vacant
East — commercial zoning, vacant
West — zoned R-2, developed as duplex units
The proposal is consistent with the Comprehensive Land Use Plan and
zoning Policy. The AM designation is comparable to the existing Garden
Office zoning. The proposed drive-thru is oriented in a manner that will
least affect the residential to the west. The Specific Use Permit will
include the site plan submitted for the request.
The project should have little impact on the thoroughfare system.
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 Boren, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00127 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
The next items considered were Items 49-50.
(48.) Ordinance No. 2004-00121 - ZONE CASE NO. 3022 (2007 loth
Street): Hold a public hearing to consider the appeal of denial
(Planning Commission) by the Lubbock Heritage Society for a zoning
change from R-2 to R-2 DH on Lots 4 and the east half of 5, Block 40,
Overton Addition first reading).
This item was considered following Item 46.
This item was denied.
Mayor Pro Tem Martin opened the public hearing at 10:45 a. m. Tom
Whiteside appeared on behalf of the Lubbock Heritage Society, Mike
McDougal appeared on behalf of McCanton Wood in opposition to the
appeal. Mayor Pro Tem Martin closed the hearing at 11:10 a. m.
The Zoning Code has a subsection described as "Design Historic". The
purpose statement contains the following:
"The purpose of this district is to provide means by which citizens can
initiate action to preserve archeological, historical, cultural, architectural
and landscape architectural landmarks as part of the heritage of this city."
A property is first submitted to the Urban Design and Historical
Preservation Commission (UDHPQ for consideration of designation as
"DH" or Design Historic. The UDHPC is a group appointed by the City
Council with members that represent the general public and members with
specific expertise in historic, architecture and archeological areas.
The applicant for this zone case is the Lubbock Heritage Society, a private
nonprofit. The Heritage Society has an objective for preserving portions of
the heritage of the Lubbock Community through education, projects and
other means. In keeping with the preservation mission, the group is using _
this zone case as a mechanism to maintain one of the original structures in
the area referred to as Overton North.
With such designation, the base zoning (residential, commercial or
industrial) is not affected. What is affected is the ability to alter the
exterior of the structure without a Certificate from the UDHPC. The
UDHPC has a list of criteria and has adopted the United States
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Department of Interior Preservation Standards for use in making decisions
on any requests for alteration.
The staff report to the UDHPC was as follows:
Application for Landmark Designation initiated by Tom Whiteside, a
private citizen.
The UDHPC ordinance states that "any citizen or citizens group" may
initiate this action.
What is a Historic Landmark? - "Any building, structure, site, area, or land
of architectural, landscape architectural, historical, archeological or
cultural importance or value, as may be designated for preservation by the
City Council".
Not a tremendous amount of research material is available on this
property; but the house was probably built around 1910, based on several
pieces of evidence, particularly:
Architectural style
Establishment of concrete plant by Dr. Overton (maybe demonstration
homes)
The Lubbock Central Appraisal District says 1931, but appears on the
1926 Sanborn map, the first year this area was mapped.
Criteria: have in your packet the list of criteria that you must consider in
making a recommendation to the City Council via the P&Z, along with
Mr. Whiteside's responses to each of those.
"The City Council shall consider, but shall not be limited to, one or more"
of these criteria in making historic landmark designations.
In this instance, the McDougal Redevelopment group owns the structure
in question. The Zoning Ordinance has no requirement that an owner be in
agreement with any case that is submitted. The McDougal group
submitted a separate objection to the designation, which was combined
with the request to accommodate one discussion. The Code also contains a
moratorium for demolition while the structure is considered for Historical
designation. That moratorium is in effect for the duration of this request.
The interior of the building has been substantially removed. This action
does not void the potential historical or architectural nature of the
structure, but seriously reduces the opportunity to salvage the building.
The McDougal group would like to demolish the structure and continue
the redevelopment of this block in the Overton area.
The .Heritage Society would request that the building be zoned as "DH",
which would prevent the demolition.
The -report from the Urban Design Commission is in the form of a
recommendation for approval of the request. The Commission is
instructed by the Zoning Code to consider a number of criteria, and this
structure meets either one or several of those criteria. Staff is not in
disagreement with the findings of the Urban Design Commission based on
their charge. From a "bigger picture" perspective, including the condition
of the building (the building has been gutted and a portion of the exterior
is in very poor condition), the lack of any remaining "context" for the
structure since the rest of the neighborhood around it is gone, and the
benefit to the community created by redevelopment of the area, staff did
not recommend approval of the request to the Planning Commission for
referral to the City Council.
Discussion by the Planning Commission focused on the fact that the
property is not owned or controlled by the Heritage Society, and that any
attempt to confer "DH" should include the permission of the property
owner. The Planning Commission denied the request, and the applicant
has appealed that decision to the City Council. To overturn the denial by
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October 28, 2004
Page 414
the Planning Commission, the Council vote would require five affirmative
votes (since the Mayor recused himself).
FISCAL IMPACT:
Not applicable.
Staff supported the recommendation for denial by the Planning
Commission.
Mayor Pro Tern Martin requested that staff furnish Council the name of
whoever it is that works for the City that drives up and down the streets
looking for structures that might old and puts them on a list.
Randy Henson, Senior Planner, stated that concerning the base of
information in the 1975 Comprehensive Plan, the City had a historical
preservation element of the Plan and a contract was done under that to
identify potential historic sites throughout the community. The City has
been building those files for the last 30 years. These files do not confer
any historical status. They are for informational purposes.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to uphold the Planning Commission's decision. Motion
carried: 6 Yeas, 0 Nays.
Mayor McDougal recused himself.
The next items considered were Items 4145.
Items 49-50 were considered following Item 47.
(49.) Ordinance No. 2004-00117 - Hold a public hearing to consider a
recommendation of an amendment to Section 29.25 (Historic
Preservation and Urban Design District) regarding consent of a
property owner be required before the Urban Design Commission can
recommended DH status to the Planning Commission, first reading).
ORDINANCE NO. 2004-00117
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, ENTITLED "ZONING" BY AMENDING
SECTION 29-25, "HISTORIC PRESERVATON AND URBAN DESIGN DISTRICT"
TO CLARIFY VOTING REQUIREMENTS AND TO REQUIRE OWNER CONSENT
FOR REQUESTS FOR RECOMMENDATION OF HISTORIC LANDMARK
DESIGNATION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Mayor McDougal opened the public hearing at 11:17 a.m. Tom Whiteside
appeared on behalf of Historic Preservation and Urban Design District.
No one appeared in opposition. Mayor McDougal closed the hearing at
11:19 a.m.
By direction of the Council, the Planning Commission considered and
supported a recommendation to require either ownership or permission
before a zone case designating a site as "DH" — Design Historic can be
submitted for consideration. The Planning Commission felt strongly that
the owner of the property should be a participant in the historic
designation process, and supported the amendment.
FISCAL IMPACT:
Not applicable.
Staff supported the recommendation for approval by the Planning
Commission.
Mayor Pro Tern Martin stated he pushed to have this on the agenda,
because first of all, the Council supports historic preservation and has
worked tirelessly for it. They have passed tax incentives to help people
who have historical homes and businesses to be able to receive a small tax
break on their City property to preserve property. He stated concerns that
someone other than the property owner can start the process and put a
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October 28, 2004
Page 415
property owner through the process. Although it is an unintended
consequence of the original ordinance, it would cloud the title to the
property. This amendment simply requires the consent of the property
owner to be a part of the process of preserving the history of Lubbock.
Motion was made by Mayor Pro Tern Martin, seconded by Council
Member Gilbreath to pass on first reading Ordinance No. 2004-00117 as
recommended by staff. Motion carried: 6 Yeas, 1 Nay. Council Member
DeLeon voted Nay.
(50.) Ordinance No. 2004-00128 - Hold a public hearing to consider
amending Chapter 29 of the Code of Ordinances, City of Lubbock,
Texas, entitled "Zoning", by amending Section 29-18 entitled 11C-3
General Retail District" to add "Automotive Glass Shop" as a
permitted use in Section 29-18(c) and by amending Section 29-20
entitled "C-4 Commercial District" to delete "Automotive Glass
Shop" as a permitted use in Section 29-20(c), first reading).
This item was denied.
Mayor McDougal opened the public hearing at 11:21 a.m. No one
appeared on behalf of this amendment. No one appeared in opposition.
Mayor McDougal closed the hearing at 11:21 a.m.
Some months back, during a C-4 zoning case on 34th Street, the Council
requested that the Planning Commission review and recommended
relocation of "auto glass" from the C-4 District to the C-3 District. The
general feeling is that the use is more comparable with many other C-3
uses and will give the businesses more choice of locations. The Planning
Commission supported approval of the proposed change.
FISCAL IMPACT:
Not applicable.
Staff supported the recommendation for approval by the Planning
Commission.
Randy Henson, Senior Planner, answered questions from Council.
Council Member Boren asked if Mr. Henson thought that with the
progression of major makeovers of 34 h and 50a', this would be consistent
to have this kind of zoning.
Mr. Henson stated he didn't think the "auto glass" use was as big an issue
as some of the other automobile related uses.
Motion was made by Council Member Boren, seconded by Mayor Pro
Tern Martin to deny this amendment. Motion carried: 6 Yeas, 1 Nay.
Council Member Gilbreath voted Nay.
The next items considered were Items 53-54.
Items 51-52 were considered following Item 54.
10:45 A.M. Special
(51.) Hold a public hearing to consider the creation of a Public
Improvement District (PID) for North Point, covering the area
between Erskine and Ursuline Streets, and between North Quaker
Avenue to a line east of Frankford Avenue (Business Development).
Mayor Pro Tern Martin opened the public hearing at 11:30 a.m. No one
appeared on behalf of the PID. No one appeared in opposition. Mayor
Pro Tern Martin closed the hearing at 11:31 a.m.
The purpose of this hearing is to present information regarding the
advisability of establishing a Public Improvement District (PID) pursuant
to Chapter 372 of the Texas Local Government Code to the City Council
and allows the opportunity for property owners in the proposed District to
speak in favor of, or opposition to, the creation of the PID. The North
Point PID District is a defined assessment area providing specific types of
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Page 416
public improvements or maintenance of a given area. Council approved
the calling of a Public Hearing at their October 13, 2004 meeting. A notice
of Public Hearing was published in the Avalanche Journal on Tuesday,
October 12, 2004 and notices were mailed to the property owners on
October 12, 2004, as required by statute.
FISCAL IMPACT:
Not applicable.
Rob Allison, Manager of Business and Neighborhood Development, gave
staff comments. Council backup included a map. Mr. Allison presented a
revised map to council.
Council Member Boren left the dais.
(52.) Resolution No. 2004-RO543 making findings and authorizing
establishment of the North Point Public Improvement District,
covering the area between Erskine and Ursuline Streets, and between
North Quaker Avenue to a line east of Frankford Avenue (Business
Development).
RESOLUTION NO.2004-RO543
WHEREAS, a petition has been received from the record owners of taxable real
property representing more than 50 percent of the appraised value (as determined by the
most recent certified appraisal roll for Lubbock County) of an area within the City of
Lubbock, generally covering the area between Erskine and Ursuline, and between North
Quaker to a line east of Frankford and containing approximately 543 acres, AND owners
of not less than fifty percent (50%) of the area of all taxable real property that is liable for
assessment under the proposal; requesting establishment of a North Point Public
Improvement District under Section 372.005 of the Public Improvement District
Assessment Act for the purpose of maintaining the common areas on North Slide and
adjacent right of way, creating and maintaining the common areas on North Slide and
adjacent right of way, creating and maintaining a green space located under a utility
easement, and enhancing and maintaining amenities in the entry stations on North Slide
Road, all in accordance with the Act; and
WHEREAS, the petition, a copy of which has been attached as Exhibit "A," was
examined, verified, found to meet the requirements of Section 372.005(b) of the Texas
Local Government Code, and accepted by the City Council of the City of Lubbock,
Texas, (the "City"); and
WHEREAS, the boundaries of the proposed North Point Public Improvement District within the city limits
of the City of Lubbock are described in the attachment designated as Exhibit "B" and shown on the map
attached hereto as Exhibit "C"; and
WHEREAS, the City has called a public hearing to hear public comments on the
advisability of the proposed public improvement district and its benefits to the City and
the property in the proposed Tax Increment Financing Reinvestment Zone; and
WHEREAS, notice of such public hearing was published in the Lubbock
Avalanche -Journal, a daily paper of general circulation in the City, such publication date
being before the 15`h day before the date of the public hearing stating the time and place
of the hearing, the general nature of the proposed improvement, the estimated cost of the
improvements, the boundaries of the proposed assessment district, the proposed method
of assessment, and the proposed apportionment of cost between the improvement district
and the city as a whole; and
WHEREAS, written notice containing the information in the published notice
was mailed before the I P day before the date of the hearing to the current addresses of
the owners, as reflected on the tax rolls, of property subject to assessment under the
proposed public improvement district; and
WHEREAS, such hearing was convened at the time and place mentioned in the
published notice, on the 28th day of October, 2004, at 10:45 o'clock a.m., in the Council
Chamber of the City of Lubbock, Texas; and
WHEREAS, the City, at such hearing, invited any interested person, or his/her
representative, to appear and speak for or against the authorization of the North Point
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Regular City Council Meeting
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Page 417
Public Improvement District, the boundaries of the proposed Public Improvement
District, whether all or part of the territory which is described in Exhibit "B" attached
hereto and depicted on the map attached hereto as Exhibit "C" should be included in such
proposed North Point Public Improvement District, the advisability of the proposed
improvements, the nature of the improvements, the estimated costs of the improvements;
the method of assessment, and the apportionment of the costs between the district and the
city as a whole; and
WHEREAS, all owners of property located within the proposed Public
Improvement District and all other taxing units and other interested persons were given a
reasonable opportunity at such public hearing to protest the authorization of the proposed
North Point Public Improvement District and/or the inclusion of their property in such
Public Improvement District; and
WHEREAS, the proponents of the North Point Public Improvement District
offered evidence, both oral and documentary, in favor of all of the foregoing matters
relating to the creation of the North Point Public Improvement District, and opponents of
the North Point Public Improvement District were given the opportunity to appear to
contest authorization of the district, after which the hearing was closed; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: THAT the facts and recitations contained in the preamble of this
ordinance are hereby found and declared to be true and correct.
SECTION 2: THAT the City Council, after conducting such hearing and having
heard such evidence and testimony, has made the following findings and determinations
based on the evidence and testimony presented to it:
a) That the public hearing on the advisability of authorizing the North
Point Public Improvement District has been properly called, held and
conducted and that notice of such hearing has been published and mailed as
required by law and delivered to the current address of the owners of property
subject to assessment under the proposed public improvement district.
b) That authorization of the proposed North Point Public Improvement
District with boundaries as described in Exhibits `B" and "C" for the purpose
of maintaining the common areas on North Slide and adjacent right of way,
creating and maintaining a green space located under a utility easement, and
enhancing and maintaining amenities in the entry stations of North Slide Road
is advisable and will result in benefits to the City, its residents, and property
owners, in general, and to the property, residents and property owners in the
North Point Public Improvement District.
c) That the total estimated cost of services and improvements proposed to
be provided by the District is approximately $430,352.00 over the next five
(5) years, and that the estimated annual cost rises from $15,456.00 in the
second year to $209,489.00 in year five (5).
d) That the costs are based on a proposed assessment rate of $0.14 per
$100.00 of valuation through year 2010, decreasing to $0.04 per $100.00 of
valuation in year 2011. Assessments to cover estimated costs of enhanced
services and improvements are proposed to be applied to newly developed
areas during the early years and during the later years will be applied to
currently existing properties as enhanced services and improvements are
completed in the blocks containing those properties.
e) That as to apportionment of cost between the proposed District and the
city, all costs for proposed improvements will be paid by the District through
assessments.
SECTION 3. That the City hereby authorizes, under Sections 372.006, 372.010,
and 372.041 of the Act, a public improvement district over the area described in Exhibit
"B" attached hereto and depicted in the map attached hereto as Exhibit "C" and such
public improvement district shall hereafter be identified as the North Point Public
Improvement District, City of Lubbock, Texas.
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Page 418
SECTION 4: That the City Council shall be the governing board for the North
Point Public Improvement District.
SECTION 5: That notice of this authorization for the North Point Public
Improvement District shall be published in a newspaper of general circulation in the city.
SECTION 6: That if any section, paragraph, clause or provision of this
Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or
unenforceability of such section, paragraph, clause or provision shall not affect any of the
remaining provisions of this Resolution.
PASSED by the City Council this 28th day of October, 2004.
/S/ TOM MARTIN
TOM MARTIN, MAYOR PRO TEM
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/ Linda L. Chamales
for John M. Knight, Assistant City Attorney
Property owners in North Point have petitioned to form a Public
Improvement District (PID). A PID is a defined assessment area providing
specific types of public improvements or maintenance of a given area. One
of the statutory requirements for the City Council is to hold a Public
Hearing regarding the advisability of creating the District. A notice of
Public Hearing was published in the Avalanche Journal on Tuesday,
October 12, 2004, and notices were mailed to the property owners on
October 12, 2004, as required by the statute.
Pursuant to Chapter 372 of the Texas Local Government Code, this
resolution illustrates the following findings:
The advisability of the improvement;
The nature of the improvement;
The estimated cost of the improvement;
The boundaries of the public improvement district;
The method of assessment; and
The apportionment of costs between the district and the municipality as a
whole.
The City Council will need to make these findings in order to create the
PID. Attached are copies for the petition, a one -page summary of the
components of the PID, the proposed boundary description, the map and
amended map of the district, notice of Public Hearing, and validation of
signatures on the petition for review.
FISCAL IMPACT:
Staff time is required to facilitate the PID process. The intent of this PID is
to provide additional services at no increased cost to the City's general
fund. The property owners will self -assess and the first budget to be
presented to City Council will be for FY 2005-06.
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Regular City Council Meeting
October 28, 2004
Page 419
Staff recommended approval of this resolution.
Motion was made by Council Member DeLeon, seconded by Council
Member Gilbreath to pass Resolution No. 2004-RO543 as recommended
by staff. Motion carried: 5 Yeas, 0 Nays.
Council Member Boren was away from the dais.
Mayor McDougal recused himself.
11:38 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present.
1:00 P. M. WORK SESSION CONVENED
Committee Room 103
All council members were present except Mayor McDougal and
Council Member Boren.
Council Member Boren arrived at 1:15 p.m.
Mayor McDougal arrived at 1:22 p.m.
The first item considered was Item 55.
Items 53-54 were considered following Item 50.
(53.) Hold a public hearing to consider a proposed amendment to Urban
Renewal Plan Area Number 28, Posey Lakeside East Association
Neighborhood (Community Services).
Mayor McDougal opened the public hearing at 11:28 a.m. Michelle
Canal.es appeared in favor of the amendment. No one appeared in
opposition. Mayor McDougal closed the hearing at 11:29 a.m.
Resolution No. 2004-RO431 approved holding a public hearing for a
proposed amendment to Urban Renewal Plan Area Number 28, Posey
Lakeside East Association Neighborhood to revise the existing Urban
Renewal Land use from Commercial -Multi -Family to Single -Family
Residential (R-1) at 1811 Spruce Avenue, designated as Parcel 808850-0-
10, legally described as Lot A, Spruce Addition and 1812 Spruce Avenue,
designated as Parcel 808850-0-20, legally described as Lot B, Spruce
Addition.
These are the only two Urban Renewal -owned vacant lots remaining
unsold under Urban Renewal Plan Area Number 28. The bid proposal for
a new single-family residence on Parcel 808850-0-10 at 1811 Spruce
Avenue was approved on June 15, 2004 by the Urban Renewal Board of
Commissioners, subject to approval of the Urban Renewal Land Use Plan
being amended from Commercial -Multi -Family to Residential (R-1). The
City of Lubbock's zoning is R-2 and is acceptable for single-family and
duplex development.
Notices of said public hearing were given as required under the Urban
Renewal Law of the State of Texas on September 22, 2004, October 3,
2004, and October 17, 2004. Additionally, property owners within 200
feet of the subject property were notified of the Public Hearing and
proposed Urban Renewal land use plan change.
FISCAL IMPACT:
If the amendment to the Urban Renewal Plan is approved following the
public hearing, residential development will enhance the neighborhood
and increase property tax revenue.
On August 17, 2004, the Urban Renewal Board of Commissioners
approved amending the Urban Renewal Land Use from
Commercial -Multi -Family to Single -Family Residential (R-1) and that the
amendment be submitted to the City Council for a public hearing.
Community Development staff recommended holding the public hearing.
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Regular City Council Meeting
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Page 420
Mayor Pro Tern Martin left the dais.
(54.) Resolution No. 2004-RO542 approving a proposed amendment to
Urban Renewal Plan Area Number 28, Posey Lakeside East
Association Neighborhood to revise the existing Urban Renewal Land
Use Plan from Commercial -Multi -Family to Single Family Residential
(R-1) at 1811 Spruce Avenue, designated as Parcel 808850-0-10,
legally described as Lot A, Spruce Addition and 1812 Spruce Avenue,
designated as Parcel 808850-0-20, legally described as Lot B, Spruce
Addition (Community Development).
RESOLUTION NO.2004-RO542
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the City Council of the City of Lubbock does hereby approve and adopt an
amendment to URBAN RENEWAL PLAN AREA NUMBER 28 known as the POSEY
LAKESIDE EAST ASSOCIATION NEIGHBORHOOD from the existing Urban
Renewal Land Use of Commercial -Multi -Family to Residential (R-1) as set forth in
Exhibit "A" which is 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 28th day of October, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney
Community Development Director
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy Sims, Assistant City Attorney
A copy of the Exhibit "A" is filed with Resolution No. 2004-R542.
The Community Development Department is requesting that the Urban
Renewal Land Use be changed from Commercial -Multi -Family to
Residential (R-1) on these lots.
These are the only two Urban Renewal -owned vacant lots remaining
unsold under Urban Renewal Plan Area Number 28. The bid proposal for
a new single-family residence on Parcel 808850-0-10 at 1811 Spruce
Avenue was approved on June 15, 2004 by the Urban Renewal Board of
Commissioners, subject to approval of the Urban Renewal Land Use Plan
being amended from Commercial -Multi -Family to Residential (R-1).
The City of Lubbock's zoning is R-2 and is acceptable for single-family
and duplex development. The City Council initially adopted the Urban
Renewal Land Use Plan for this area on November 17, 1977, and later
amended the Plan on June 24, 1982. Commercial development is not
feasible as these parcels do not front Idalou Road and because they are
primarily surrounded by single-family residences. The parcels are also
unsuitable for multi -family development due to the size and irregular
shapes of the parcels. Canyon Lake Six is located south of these parcels.
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Regular City Council Meeting
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Page 421
An Urban Renewal Land Use Plan amendment from
Commercial -Multi -Family to residential use will be required before the
parcel at 1811 Spruce Avenue can be deeded for the development of a
single-family home and before the lot at 1812 Spruce Avenue can be
marketed for single-family development. No bids have been submitted in
the past on these two lots for commercial or multi -family development.
Notices of said public hearing were given as required under the Urban
Renewal Law of the State of Texas on September 22, 2004, October 3,
2004, and October 17, 2004. Additionally, property owners within 200
feet of the subject property were notified of the Public Hearing and
proposed Urban Renewal land Use Plan change.
FISCAL IMPACT:
If the amendment to the Urban Renewal Plan is approved, residential
development will enhance the neighborhood, put property into private
ownership, back on the tax rolls, and will eliminate the weed mowing
expenses associated with the property.
On August 17, 2004, the Urban Renewal Board of Commissioners
approved amending the Urban Renewal Land Use from
Commercial -Multi -Family to Single -Family Residential (R-1) and that the
proposed change be submitted to the City Council. The Community
Development Department recommended approval.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass Resolution No. 2004-RO542 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
Mayor Pro Tem Martin was away from the dais.
The next items considered were Items 51-52.
FINANCE
Purchasin
(54A.) Resolution No. 2004-R authorizing and directing the Purchasing
Manager, or his designee, to terminate for the convenience and best
interests of the City of Lubbock the contract entered into by and
between the City of Lubbock and Utility Contractors of America,
Ltd., pursuant to Resolution No. 2004-R0470, for the South Lubbock
Drainage Improvements Project Package #1 (Main Trunk Line); and
authorizing the acceptance of the voluntarily extended bid of Oscar
Renda Contracting, Inc. as the lowest responsible bidder for
Invitation to Bid Number 001-04NK; and further authorizing and
directing the Mayor to execute a contract regarding Invitation to Bid
Number 001-04NK by and between the City of Lubbock and Oscar
Renda Contracting, Inc. for the South Lubbock Drainage
Improvements Project Package #1 (Main Trunk Line).
This item was considered following reconsideration of Item 15.
This item failed.
Resolution No. 2004-RO470 was passed by the City Council on September
28, 2004, by a vote of 4 Yeas, 3 Nays. Utility Contractors of America,
Ltd., has performed work, purchased equipment and bonds and possibly
awarded subcontracts in furtherance of the contract, they were awarded.
The pre -construction conference is scheduled for October 26, 2004, and
the notice to proceed is anticipated for October 27, 2004. This item would
terminate the contract with Utility Contractors of America, Ltd., and
would accept the bid of Oscar Renda Contracting Inc., which was
extended on October 6, 2004 until November 8, 2004.
This resolution was requested by Council Member Linda DeLeon.
Motion was made by Council Member DeLeon. Mayor Pro Tem Martin
seconded for purposes of discussion.
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Regular City Council Meeting
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Page 422
Mayor Pro Tern Martin stated: "The Storm Water Contract has been
awarded to Utility Contractors of America. In making the decision to
award to them, we considered Marsha Reed's initial letter dated August
26, 2004, along with the chart of reference checks she prepared for both
Oscar Renda and Utility Contractors that specified the concerns of some
of the entities for whom Oscar Renda has performed work. We also
considered a latter memo from Ms. Reed dated September 27, 2004,
indicating that while she has reservations, she believes Renda is a
responsible bidder. We have considered — we considered stabs
comments and recommendations, including Ms. Reed's concurrence that
Oscar Renda has a reputation for low -balling bids, and the submission of
numerous change orders. We also considered the sworn statement by Mr.
Frank Renda dated September 28, 2004. Finally, we also considered the
material and comments brought forth by the Oscar Renda Company. This
Council weighed the evidence by its majority vote. The Council believes
that the initial references by Ms. Reed paint a more accurate picture of
Renda, and that Renda is not a responsible bidder. We might note that
these references were furnished by the Oscar Renda Company itself. They
were not references the City of Lubbock located. Even Mr. Gilbreath,
who voted in favor of Renda, conceded that this decision was a tough call
to make. Indeed it was, and on a 4-3 vote, this Council voted that Renda
was not responsible, and awarded to Utility Contractors of America. I
stand by that decision and believe that the other three Council Members do
as well."
Council Member Boren stated: "Mayor, I might add that I would like to
note for the record also, that neither company's principal place of
business, Renda and Utility Contractors of America, is within the City of
Lubbock. We recognize and I state on the initial vote, that both
companies will employ some local people. The location of the companies'
principal place of business, however, is not the basis for our decision;
rather the reasons for our decision for awarding the award was stated by
Councilman Tom Martin."
Martin: Mr. Mayor, I call the question.
McDougal: The question's been called. All in favor of calling the question. All
"ayes". Opposed. (None).
McDougal: All in favor of the motion on Item 54A. Ayes — Council Member DeLeon.
Opposed — Mayor McDougal, Mayor Pro Tem Martin, Council Members
Boren and Jones.
May I get a show of hands on the Nays.
Price: Was that —
Martin: On the Nays?
Jones: On opposed?
McDougal: Yeah. On the Nays. I did not — I just heard one Nay. Did you vote in
favor.
Price: No. No. No.
Martin: I only heard one Aye.
Price: You are going a little fast.
McDougal: Okay.
Price: Back up just a minute.
Martin: All right. Do the Ayes again.
Price: On — on the motion that you have, that motion is to stay with what? I am
lost —
McDougal: No. The motion —
DeLeon: The motion is to void the (inaudible).
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Regular City Council Meeting
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Page 423
McDougal: Consider — let me read it again. The motion — because the question's been
called, so let me read the motion again. The motion is: "Consider a
resolution authorizing and directing the Purchasing Manager, or his
designee, to terminate for the convenience the contract entered into with
Utility Contractors of America, Ltd. for the South Lubbock Drainage
Project and accept the voluntarily extended bid of Oscar Renda
Contracting. That's the motion.
So again, all in favor of the motion say `Aye"'.
(Council Members DeLeon and Price.)
Opposed.
(Mayor McDougal, Mayor Pro Tem Martin, Council Members Boren and
Jones.)
McDougal: "Motion fails: 4-2."
Council Member Gilbreath recused himself.
The next items considered were Items 56-70.
MISCELLANEOUS
Other
(55.) Resolution No. 2004-RO544 authorizing the Mayor to adopt the North
and East Lubbock Redevelopment Master Plan (City Council).
RESOLUTION NO.2004-RO544
WHEREAS, the City Council of the City of Lubbock, by Resolution 2002-RO189,
created the North and East Lubbock Development Commission to study residential and
commercial development in the north and east areas of the City of Lubbock; and
WHEREAS, the general boundaries of the target area are North University,
Fourth Street to I-27, I-27 to 30 Street, and 34`h Street east to the City limits; and
WHEREAS, the City Council contracted with Gould Evans to assist the
Commission by developing a master plan for the purpose of revitalizing North and East
Lubbock; and
WHEREAS, the City Council desires to adopt the North and East Lubbock
Master Plan as recommended by the Commission; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the North and East Lubbock Master Plan is hereby adopted.
Passed by the City Council this 28th day of October, 2004.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Rob Allison
Rob Allison, Director of Business Development
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Senior Attorney
Office Practice
423
Regular City Council Meeting
October 28, 2004
Page 424
This was the first item considered after Council convened in Work
Session at 1:00 p.m.
On October 9, 2003, the City Council contracted with Gould Evans to
provide services to develop a master plan for the purpose of revitalizing
North and East Lubbock. The general boundaries of the target area are
North University, 41h Street o I-27, I-27 to 34`h Street, 34th Street east to
the city limits. Glen Leroy, a principal with Gould Evans, along with
Steering Committee members, will make a presentation to the Council
illustrating the planning process and present their recommendations to the
Council for adoption.
The scope of their services included development framework, a
development workshop, interim reports, specialized market analysis,
definition of specific projects, prioritizing the project, and an
implementation matrix.
FISCAL IMPACT:
The City of Lubbock has paid Gould Evans $169,000 under its contract.
Staff recommended approval of this resolution.
Greg Garrison, Chair of the North and East Lubbock Development
Corporation Board gave comments. He introduced Glen LeRoy, Gould
Evans Affiliates and Lee Sammons, Hammer, Siler, George Associates.
Mr. LeRoy gave a summary overview of the Plan. He stated that the
Steering Committee had met October 27, 2004 and suggested that if
Council adopted the Plan, they would like to change the wording. They
believe the Airport to Regis over to 27 was an important area to extend
that boulevard kind of presence. They suggested this be made a part of the
Plan.
Mayor Pro Tern Martin stated that former Council Member T. J. Patterson
was very instrumental in working for many, many years to get the North
and East Lubbock Development process. Mayor McDougal picked it up
as one of his signature programs when he became mayor and Council has
been wholeheartedly supportive. This has been a community -wide effort
and will continue as the same.
Motion was made by Council Member Gilbreath, seconded by Council
Member Price to pass Resolution No. 2004-RO544 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
Mayor McDougal was away from the dais.
The next item considered was Item 71.
Items 56-70 were considered following Item 54A.
BOARD APPOINTMENTS
(56.) Consider appointments to the Airport Board.
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tern Martin to appoint John Bowen, Steve Hurt, E. C. Leslie, Irasema
Velasquez and Frank Treadway to the Airport Board. Motion carried: 7
Yeas, 0 Nays.
(57.) Consider an appointment to the Appointments Advisory Board.
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tern Martin to Appoint Jimmy Moore to the Appointments Advisory
Board. Motion carried: 7 Yeas, 0 Nays.
(58.) Consider an appointment to the Board of Electrical Examiners.
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tern Martin to Appoint Bobby Little to the Board of Electric Examiners.
Motion carried: 7 Yeas, 0 Nays.
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Regular City Council Meeting
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Page 425
(59.) Consider appointments to the Building Board of Appeals.
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tem Martin to Appoint Steve Hill and Rose Hardy to the Building Board
of Appeals. Motion carried: 7 Yeas, 0 Nays.
(60.) Consider an appointment to the Citizens Traffic Commission.
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tem Martin to Appoint Jim Brunjes to the Citizens Traffic Commission.
Motion carried: 7 Yeas, 0 Nays.
(61.) Consider appointments to the Keep Lubbock Beautiful Advisory
Committee.
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tem Martin to appoint Brenda Brown, Lucy Eade, Jeff Klotzman and
Georgianna White to the Keep Lubbock Beautiful Advisory Committee.
Motion carried: 7 Yeas, 0 Nays.
(62.) Consider appointments to the Libraries Board.
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tem :Martin to Appoint Anita Harrison, Oscar Huerta and Lois Brunjes to
the Libraries Board. Motion carried: 7 Yeas, 0 Nays.
(63.) Consider appointments to Market Lubbock, Inc.
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tem Martin to appoint Ruben Reyes, Jane Anne Stinnett and Tony
Whitehead to the Market Lubbock, Inc. Motion carried: 7 Yeas, 0 Nays.
(64.) Consider an appointment to the Neighborhood Redevelopment
Commission.
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tem Martin to Appoint Liz Sisco to the Neighborhood Redevelopment
Commission. Motion carried: 7 Yeas, 0 Nays.
(65.) Consider appointments to the Planning & Zoning Commission.
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tem Martin to Appoint Jerry Bell, Gary Rothwell, Edward Williams, Greg
Garland and Todd Whitaker to the Planning & Zoning Commission.
Motion carried: 7 Yeas, 0 Nays.
(66.) Consider an appointment to the Public Transit Advisory Board.
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tem :Martin to Appoint Jay Jacobus to the Public Transit Advisory Board.
Motion carried: 7 Yeas, 0 Nays.
(67.) Consider appointments to the Structural Standards Commission.
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tem Martin to appoint Margaret Aguilar, Mary Trevino and L. V.
Andrews to the Structural Standards Commission. Motion carried: 7
Yeas, 0 Nays.
(68.) Consider appointments to the Urban Design/Historic Preservation
Commission.
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tem Martin to appoint James White and Paula Marshall -Gray to Urban
Design/Historic Preservation Commission. Motion carried: 7 Yeas, 0
Nays„
(69.) Consider an appointment to the West Texas Municipal Power Agency.
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tem Martin to appoint Carroll McDonald to the West Texas Municipal
Power Agency. Motion carried: 7 Yeas, 0 Nays.
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Regular City Council Meeting
October 28, 2004
Page 426
(70.) Consider an appointment to the Zoning Board of Adjustment.
Motion was made by Council Member Gilbreath, seconded by Mayor Pro
Tern Martin to appoint Alice Chavez to the Zoning Board of Adjustment.
Motion carried: 7 Yeas, 0 Nays.
The next item considered was Work Session Item 73.
WORK SESSION
(71.) Presentation of the Randall Travel Marketing research study results
for Lubbock.
This item was considered following Item 55.
Marcy Jarrett, Convention and Visitors Bureau, introduced Judy Randall
and Berkeley Young, Randall Travel and Marketing. Ms. Jarrett stated
Council would receive an executive summary after Ms. Randall gave
comments. She stated that it all comes down to marketing and outreach
and that the advertising budget has been "pitiful". It's message and
getting the message out to the right audience.
The next item considered was Item 74.
(72.) Presentation regarding the Caprock Junior Golf Classic.
This item was considered following Item 73.
Steve Yonke, with Heartland Golf Company, is planning a youth golf
tournament to be held in Lubbock in 2005. The youth tournament is
proposed to attract 600 entries from West Texas, Eastern New Mexico,
and Western Oklahoma. The event will be a new event to be held in
Lubbock. Mr. Yonke provided details of the tournament, and requested a
sponsorship of $15,000 from the Tourism Reserve Fund.
FISCAL IMPACT:
Currently, this fund does not have a cash balance as the final FY 04
revenue will not be received until the end of November.
Mr. Yonke gave a presentation regarding the tournament. He stated he
had contacted Lubbock Sports Authority (LSA) for help and was told all
their monies had been spoken for. He stated he was asking Council for
$25,000 to help get the tournament started in terms of a web page, the
electronic set-up and everything that needs to be done.
Assistant City Manager Quincy White stated that to date there are no
funds for this. Chief Financial Officer Lee Ann Dumbauld added the final
collection for last fiscal year, don't usually come in until November.
Mayor McDougal informed Mr. Yonke it would be at least 30 days before
Council could get back with him to let him know if any funds are
available.
Mayor Pro Tem Martin stated that Council has set up different boards to
take care of items such as this tournament, and did not think Council
should do the end run; LSA should take care of this. He further stated that
if after 30 days there were additional monies, this might be appropriated
back to LSA and let them fund this.
Mayor McDougal stated: "I think what we ought to do is wait and see
what we get back from `true -up', and then depending on what funds are
there, then we can determine if we move those back to the Sports
Authority or where they go from here. Then we can get back in touch
with Steve, and you said that will be by some time in November; first of
December (speaking to Ms. Dumbauld)? Okay." He asked Ms.
Dumbauld to get Council and update at the December 7th Council meeting.
The next items considered were Items 39-40.
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(73.) Discuss priorities for Community Development funding for FY 05
reallocation and FY 06 CDBG funding and develop a consensus to be
communicated to the Community Services Board.
Nancy Haney, Community Development Director, was present to give
staff comments.
Due to the volume of discussion, a transcript of the discussion was
prepared.
McDougal: We placed this item on there a year ago, really, I guess back in the spring.
Tom and I attended that after Council had had some discussion over
direction that we wanted to make sure Community Development was
aware of. The Board's invitation — Tom and I will be attending that
meeting, I believe next week and so we wanted to discuss with the Council
what priorities we wanted to talk to them about. Last year, one of the top
priorities we had was funding for Citibus, and we discussed that topic with
them, as well as development for North and East Lubbock, and also Code
Enforcement. As a result of that, there was an additional Codes
Enforcement Officer that's funded now through a CDBG — is there four of
them — CDBG Program. They can only work in those areas that are
CDBG eligible, and so I wanted to just bring that up to discuss briefly one
of the things that I would like to take them as a recommendation from the
Council is the infrastructure improvements for an area in east Lubbock
along Erskine Avenue, and also along North Guava Avenue to facilitate a
new housing development that has been proposed in that area. I think
Council has been briefed on that. As well as continue our focus on
Citibus. What else do we have? Tom's talking to Anita.
Gilbreath: North and East - the North and East development is -- what you're just
mentioning, that's in addition to the $250,000 that was previously --
McDougal: No. Yeah. The $250,000 is separate. That goes to the North/East
Lubbock Development Corporation. This is separate. What I -- there's a
development that's going in — Floyd, was it 87 lots? How many lots was
that?
Price: Eighty-seven.
McDougal: Eighty-seven lots, residential lots, that a private developer from Lubbock
has agreed to put in at North Guava and Erskine, if the City will provide
paving — extend paving from MLK east, basically to the South -- to the
East Loop, and then North Guava from Erskine to where the pavement
ends, just to the south of there probably about three blocks. We told them
that we would get back with them in January on that. Depending on what
kind of CDBG funds were available. I think we should continue to have
right at the front of that the Citibus issue of funding to make sure that we
do not have to cut back on services or hours at any of our locations, which
is what we had agreed, I guess a year ago, when we did budget.
And, then, were there some other issues, Tom, that we need to discuss?
Martin: Yes. Mr. Mayor, there's two things we have -- actually two funding
cycles coming up. We've got a what they call a "reallocation process"
that comes up, where generally in March the Community Services Board
brings us recommendation for reallocation of unspent funds from previous
things. Things that we allocated money, and the people didn't spend it; or
in rare occasions, the money became available in the middle of the year
and we probably don't expect that to happen this year. Then, they also in
doing their reviews, then usually by May or June, they bring us back
recommendations for next fiscal year that starts October I". So last year,
we — the Council had set some priorities with Citibus, Code Enforcement,
North/East Lubbock Development, and so forth, kind of late in the
process. Matter of fact, I guess it was a week before they were supposed
to bring their recommendations back, and so we promised them this year,
we would bring the Council direction back much earlier, while they were
beginning their process. They review hundreds of applications for
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funding, and like everything else, there's these many requests (indicating)
and about this much money available (indicating).
McDougal: And they're all good requests.
Martin: And they're all good requests. It's just, you know, there's just so much
money to go around. But obviously, the Council should give them
direction of what our main priorities would be, and last year, it was
Citibus, Code Enforcement, and North/East Lubbock Development. I
would submit that those are still our top three priorities, and we certainly
want them to make sure that whatever money is available, that they honor
those priorities. And that's for the money, I guess, Nancy, that's called
"Public service money", is what that is. Because there's a group of money
that deals with housing program; but those are pretty well set. There's
another big pot of money that deals with homeless services, such as
Salvation Army, and the Alcoholic Anonymous, and a bunch of those
other things. Those are pretty well limited to those functions; but this is
kind of a all other category is where they really need the direction. So, I
would ask that the Council adopt or a consensus so that we could report to
that Board next week that a) Citibus is still our top priority. That we've
got to keep public transportation funded. Two is code enforcement in the
CDBG targeted areas, which is where a lot of the blight that needs to be
deal with is, and that code enforcement also includes demolishing
substandard structures, too. There's hundreds of thousands of dollars in
backlogs of substandard structures that have already been to court, and we
have court orders to do; but we don't have the money to tear them down.
So, that's part of it. And, then, obviously to continue with efforts for
economic development in North and East Lubbock. One thing that I
would — those — I would submit those are still our priorities and I would
ask the Council maybe to consider a fourth, and that is if there's any
funding that could help the community health centers. Community Health
Centers of Lubbock has been operating and has taken over a number of
particularly of the things that used to be run by Covenant Health System in
previous years. They have needs for various equipment, and so forth, like
the center there at Parkway Drive, and MLK, and so forth, and I would ask
that — Chatman Hill — that we keep — that we add that to our list of
priorities, and on the general services things. Then the only other thing
that I know of that's come up during the year is we've been very interested
in the work of Lubbock Interfaith Hospitality Network, and so look
favorably in trying to maximize the funding for that group in the homeless
shelter emergency grants, and so forth, because they have a lot of
programs. In the past, I think we've spread the money too far, where
we've tried to give a little bit to a whole bunch of different groups, and it
ends up not being very much to anybody, and it's not very — and it's not
really being able to do much; except just provide some token amounts of
money. So, that's my recommendation, and Mayor and I again are
supposed to meet with them next week, and I'd like to ask Council
consensus. I think that's probably still —
McDougal: Let me — let me clarify one of those on the North/East Lubbock
Development that he talked about. Of course, I talked specifically about
one project, and then also, the Economic Development Loan Program.
That's something that we did not fund in June; but that is a program that if
— if there's funding for it, and we can fund it either reallocation or in June
with the new funding, they can use those funds, I believe, and we can ask
John when he's here later this afternoon to address their plan to verify this.
That will allow them then to after some grant money, as well. I don't
think we realize that. I certainly didn't realize that in June or I think
Council would have looked favorably on that, at that point. We did talk
about it; but we had some other stuff to fund. Like Tom said, there's, you
know, 3,000 requests, and there's 3,000 good requests, and you have
money to fund maybe 30 of them. So that's an issue.
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Boren: Mayor, I agree with everything you said, and you know, Councilman
Martin, Citibus, Code Enforcement, North/East, and the health, and these
sort of things. But I also want to add one more the list, if we can. It's
we're down to the final stages of our Stabilization/Revitalization Program,
and there might be some target areas that we can work with as we get back
and the same consultants are helping us on the North/East that would help
the Overton and Heart of Lubbock area probably specifically. If we could
just acid that to your list with all these other critical needs. Realizing that
once again, that there is certainly more needs than there is money and
funds; but if we can keep it on the priority list, I would like it to be there.
McDougal: Nancy. Does Heart of Lubbock qualify for CDBG?
Haney: I'm trying to — I think they do not. Now, that —
Boren: Thought you had some target areas in the Heart of Lubbock.
Haney: There is — Heart of Lubbock, if I'm remembering — I'm trying to think of
the map. There's two block groups in the Heart of Lubbock
neighborhood. One of the block groups qualifies; the other does not. So
we could look at the —
McDougal: All right. That's fine. We just — so anything that qualifies then, we —
Boren: Right. And that would only be subject to qualification.
DeLeon: I would like to also mention one of the things. Something that keeps
coming up, even in discussions when we adopted this funding, is I'd like
to look at some programs or people that would submit some grant money
for programs to address youth activities. We've got juvenile crime, and I
hear complaints even in town hall meetings, and other sources that we
don't have activities for their youth. We have many parents that are
working two or three jobs, and the kids are sitting at home. If we could
look at maybe some funding, where we could provide some activities for
kids so they don't get into the criminal cycle, I would like some type of
consideration for that.
Price: Ms. DeLeon, as we speak, there is an organization and I was going to pull
— give you that information of an organization that is addressing that right
now. It's a private organization; some private businesses is going to
address that there is some grant monies from these particular companies
that will address that. So —
DeLeon: That would be great.
Price: -- I thought I'd bring that to your attention. I want to just echo what Mr.
Martin said about some of our neighbors. We need to sustain some of our
older neighborhoods. I like what he says about some of the areas that is
deteriorating more, and more, and more. And so if we can get into some
of those neighborhoods that is deteriorating, and stabilize some of that,
and I would like to see that also; because we got to maintain also what we
have.
McDougal: I want to follow up on something Tom said about code enforcement and
structural standards. What has been one of the issues is funding for
structural standards, to go in and enforce the codes. Lou, I think there's —
there is, if I'm not mistaken, I don't see Rob here, but if I'm not mistaken,
there's a — is a lot of outstanding liens that we've filed on structures, on
property. I would suggest that maybe we take a look and maybe even a
work session of getting very aggressive and collecting those liens, or
foreclosing on them, and then having an auction, and those dollars then
being returned to codes for structural standards to enforce other
outstanding issues out there. That would be one way that we could collect
those funds. So maybe we could post that for a work session and discuss
that and get — you know, kind of see what we have out there. I may — I
may be wrong. Rob is here. Rob, do you know? Is that correct? Do we
have a lot of outstanding liens currently on properties that we could try to
collect on?
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Fox: Okay.
Allison: Yes, sir. That is correct. During the demolition process, if the demolition
is not construct — the demolition is not paid by the property owner, then
we file a lien on that property and we have a lot of those.
McDougal: Let's put that on a work session. I mean that's a funding mechanism
where we could let the violators pay for more funding to enforce codes,
and —
Fox: It also provides opportunities for infield housing.
McDougal: Right.
Fox: Sure. Improve — we'll talk about that, also.
McDougal: Let's get — I mean, no fire on getting that put on the agenda; but the next
two or three months, let's get something worked up on that, and bring that
back to Council.
Martin: You don't reckon that the ones that aren't paying their money to have the
substandard structure demolished are also not paying their taxes. You
don't reckon that's going on too, do you.
McDougal: Okay. I think we've got some direction here on that, and just, Council,
remember this comes as a recommendation, so anything that comes here,
we certainly have the obligation to change that recommendation; but I
think it's only fair. This committee puts in a lot of hours that we let them
know what we're looking at, and they were very favorable to that a year
ago. So we will meet with them — like I said, at their request this time
next week and relay everything that we've talked about here this morning.
The next item considered was Item 72.
(74.) Presentation regarding plans for the Lubbock Zoo.
The Zoo Corporation has been raising funds to build and operate a zoo in
Lubbock. The first phase of the zoo is a proposed Educational Center.
They have identified an area in the Jim Bertram Lake System, between
19th Street and Broadway Avenue, just across from the Windmill
Museum, as a potential site for a zoo.
On August 23, 2003, Kai made a presentation to the Parks and Recreation
Advisory Board to develop the Zoo Education Center at the Outdoor
Center. Upon review, it was determined that the Outdoor Center would not
be an acceptable site due to potential flooding. On March 23, 2004, upon
request by the Zoo Board of Directors, the Parks Board recommended
approval of establishment of the Educational Center on the City -owned
property across the street from the Windmill Museum.
FISCAL IMPACT:
Not applicable at this time.
Kai Hill, Vice President of the Board of Directors for the Zoo Corporation,
gave a presentation regarding plans for the Lubbock Zoo.
Mayor Pro Tem Martin asked when Council took action on this zoo. He
said this was just exactly backwards from how it should be done.
Randy Truesdell, Director of Community Services, stated this was the first
time it's come before Council. It was included in the 1999 Canyon Lakes
Master Plan as a proposed site for a zoo. The Master Plan was approved
by Council; but this specific zoo concept has not come before Council.
Mayor Pro Tem Martin stated Council was not ready to commit to the
project at this time. He asked Deputy City Manager Tom Adams that at a
future work session, maybe the Council would need to engage with their
own staff about whether they wanted to pursue this or not.
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Council Member Jones asked Mr. Adams to also provide information on
the age of the zoos in Abilene, Amarillo and other cities. Ms. Hill stated
her group would be glad to provide the information.
Mayor McDougal asked Mr. Truesdell to get the information necessary,
and 1) come back to the Parks Board with the recommendation, and then
back to Council, and then a work session.
Mr. Adams asked Council to let him know of any information they needed
or any specific issues they might have.
Council Member Gilbreath stated that a business plan needed to be
developed.
(75.) Presentation regarding the United Texas Tour.
This item was deleted.
2:05 P.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present.
3:30 P. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
3:30 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Pro Tern
Martin adjourned the meeting.
Read and approved this
ATTEST:
Rebecca Garza, City Secreta
day
MARC MebOUGAL, MAYOR
431