HomeMy WebLinkAboutMinutes - City Council - Regular - 1/11/2001CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
January 11, 2001
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the llth
day of January, 2001, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 7:30 A. M.
7:30 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke,
Councilmember Marc McDougal, Councilmember Frank Morrison,
Councilmember David Nelson, Councilmember T.J. Patterson
Absent: Councilmember Hernandez
CITIZEN COMMENTS
Comments from John Britton, President of Diamond Plastics, Dave
Reese, Vice President of Waterworks Sales, Richard Sandefur of
Sandefur Sales, Don Yonts and Mark Montgomery representing Uponor
ETI Company regarding City Bid #278-00/LR.
EXECUTIVE SESSION
Mayor Sitton stated the Council would hold an executive session in
accordance with the V.T.C.A. Government Code, Section 551 to discuss
personnel matters (City Manager); to deliberate, vote and take final
action on electric rates of Lubbock Power and Light (Electric Utilities);
pending or contemplated litigation (Environmental Inspection; Lubbock
Power and Light; Water Utilities); personnel matters regarding duties,
responsibilities, and/or appointments (Boards and Commissions); and to
deliberate the purchase, exchange, lease, or value of real property (Fire
Department; Lubbock Power and Light; Water Utilities).
7:49 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All councihnembers were present except for Councilmember
Hernandez.
( 1.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters (City
Manager).
( 2.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086 to deliberate, vote and take final action on
electric rates of Lubbock Power and Light (Electric Utilities).
( 3.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A) to discuss pending or contemplated
litigation (Environmental Inspection; Lubbock Power and Light;
Water Utilities).
Regular City Council Meeting
January 11, 2001
Page 2
(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:
Smoking Ordinance Ad Hoc Committee
(4A.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.072 to deliberate the purchase, exchange, lease, or
value of real property (Fire Department; Lubbock Power and Light;
Water Utilities)
10:32 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
Mayor Sitton and Councihnembers Cooke and Hernandez were
absent.
( 5.) Discuss residential development at Lake Alan Henry. Harvey
Morton and Gerald Huffaker, Attorneys at Law (15 minutes)
This item was deleted.
( 6.) Discussed changing the time of the January 25, 2001 City Council
meeting. Presentation by Bob Cass, City Manager (5 minutes)
Several members of the City Council will be attending the Lubbock Day
activities in Austin on January 24, 2001. Because they will be unable to
return to Lubbock until the morning of January 25, it is necessary to
either change the time of the regularly scheduled City Council meeting
on that day or change the meeting to a different day. Staff has polled
Council and the majority preferred to hold the Council meeting starting
at 1:30 p.m. on Thursday, January 25, 2001.
The schedule is as follows:
1:30 p.m.
Citizen Comments
3:30 p.m.
Work Session
4:30 p.m.
Regular Council Meeting Starts
4:55 p.m.
Oil & Gas Public Hearing
5:00 p.m.
Zoning Hearings
No action was required on this item. Zone cases will be heard on
January 25, and it will be necessary to advertise the hearing time prior to
the January 11, 2001 City Council meeting.
10:34 A. M. WORK SESSION RECESSED
10:43 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Windy Sitton, Councilmember Marc McDougal,
Councilmember Frank Morrison, Councilmember David Nelson,
Councilmember T. J. Patterson; Bob Cass, City Manager; Anita
Burgess, City Attorney; and Becky Garza, Interim City Secretary
Absent: Councihnembers Cooke and Hernandez
Mayor Sitton called the meeting to order at 10:43 A. M.
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Regular City Council Meeting
January 11, 2001
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(7.) Dr. Ronald Wood, Pastor of First Presbyterian Church gave the
invocation.
( 8.) Pledge of Allegiance was given in unison by those in the City Council
Chambers.
BOARD APPOINTMENTS RECOGNITION
Airport Board
Receiving: Ruth Schiermeyer
Building Board of Appeals
Receiving: Andrew Tolbert
Community Development & Services Board
Receiving: Sherry Hurst
Permit and License Appeal Board
Receiving: Lawrence Headley (unable to attend)
Structural Standards Commission
Receiving: Dennis Dillon
Joseph Rapier (unable to attend)
Youth Commission
Receiving: Karen Williams
CITIZEN APPEARANCES
(9.) Presentation of a special recognition to Christy Andrews, Miss
Lubbock 2001, commemorating Lubbock as a Community of
Character for 2001.
Christy Andrews was crowned Miss Lubbock 2001 on November 18,
2000. Her platform for the coming year is to "encourage youth
accountability through character education". Through her platform, she
has become involved with a character education program sponsored by
the Governor's Lone Star Leaders Initiative. Lubbock, Frenship and
Cooper School Districts are participating in this secular education
program that emphasizes core values like trustworthiness, respect,
courage, fairness, honesty and responsibility. Approximately 4 junior
high schools and 23 elementary schools are participating through the
Lubbock Independent School District. Representatives from some of
these schools attended the Council meeting in order to be a part of this
presentation.
To make Lubbock citizens more aware of the positive influence they can
have on youth in the coming year, Lubbock is named a Community of
Character for 2001. This is a generic title, and it is not associated with
any specific character education program.
A special recognition was presented to Miss Lubbock 2001
commemorating Lubbock as a Community of Character for 2001.
CONSENT AGENDA (Items No. 10-18)
Motion was made by Councilmember McDougal, seconded by
Councilmember Nelson to approve Items 10-18 on consent agenda and
move Item No. 18A to regular agenda to vote separately as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
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January 11, 2001
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(10.) Approval of the minutes of the Regular City Council Meeting of
December 14, 2000.
(11.) Ordinance No. 2001-00001 authorizing the issuance of $9,100,000
"CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION
BONDS, SERIES 2001" and all necessary documents related to the
issuance (first reading).
ORDINANCE NO. 2001-00001
AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK,
TEXAS, GENERAL OBLIGATION BONDS, SERIES 2001";
specifying the terms and features of said bonds; levying a
continuing direct annual ad valorem tax for the payment of said
bonds; and resolving other matters incident and related to the
issuance, sale, payment and delivery of said bonds, including the
approval of a Paying Agent/Registrar Agreement and Purchase
Contract and the approval and distribution of an Official
Statement pertaining thereto; and providing an effective date.
On December 14, 2000, City Council approved the first step in the
issuance process. Resolution #2000-R0441 dated December 14, 2000
was to approve and authorize publication of Notice of Sale with respect
to the issuance of the General Obligation Bonds.
The second reading of this bond ordinance is scheduled for February 8,
2001. The City will sell these bonds on a negotiated basis. The City
will negotiate a purchase price for the bonds with the City's underwriters
at the time of sale.
City Council will be asked to award the bonds as well as approve the
second reading of the ordinance and make final approval of all necessary
documents related to the issuance at the February 8, 2001 meeting.
As this action is necessary to proceed with the bond issuance, staff
recommended passage of this ordinance.
(12.) Ordinance No. 2001-00002 authorizing the issuance of $2,770,000
"CITY OF LUBBOCK, TEXAS, TAX & SOLID WASTE SYSTEM
REVENUE CERTIFICATES OF OBLIGATION, SERIES 2001" and
all necessary documents related to the issuance (first reading).
ORDINANCE NO.2001-00002
AN ORDINANCE authorizing the issuance of "CITY OF LUBBOCK,
TEXAS, TAX AND SOLID WASTE SYSTEM SURPLUS
REVENUE CERTIFICATES OF OBLIGATION, SERIES
2001 "; specifying the terms and features of said certificates;
providing for the payment of said certificates of obligation by the
levy of an ad valorem tax upon all taxable property within the
City and a lien on and pledge of the net revenues from the
operation of the Solid Waste Disposal System; and resolving
other matters incident and related to the issuance, sale, security,
payment and delivery of said certificates, including the approval
of a Paying Agent/Registrar Agreement and Purchase Contract
and the approval and distribution of an Official Statement; and
providing an effective date.
On December 14, 2000, City Council approved the first step in the
issuance process. Resolution #2000-R0440 dated December 14, 2000
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Regular City Council Meeting
January 11, 2001
Page 5
was to approve and authorize publication of Notice of Intent to Issue and
Notice of Sale with respect to the issuance of the Solid Waste
Certificates.
The second reading of this bond ordinance is scheduled for February 8,
2001. The City will sell these bonds on a negotiated basis. The City
will negotiate a purchase price for the bonds with the City's underwriters
at the time of sale.
City Council will be asked to award the bonds as well as approve the
second reading of the ordinance and make final approval of all necessary
documents related to the issuance at the February 8, 2001 meeting.
As this action is necessary to proceed with the bond issuance, staff
recommended passage of this ordinance.
(13.) Resolution No. 2001-R0001 approving, for purposes of Section 147(f)
of the Internal Revenue Code, the issuance of and use of proceeds of
revenue bonds proposed to be issued by the Lubbock Health
Facilities Development Corporation in an amount not to exceed an
aggregate face amount of $11,000,000 (Sears Plains Retirement
Corporation).
RESOLUTION NO.2001-R0001
RESOLUTION CONCERNING THE USE OF THE PROCEEDS OF
REVENUE BONDS TO BE ISSUED BY THE LUBBOCK HEALTH
FACILITIES DEVELOPMENT CORPORATION TO FINANCE
CERTAIN COSTS RELATING TO HEALTH FACILITIES
WHEREAS, the Lubbock Health Facilities Development Corporation (the
"Issuer') was created by the City of Lubbock, Texas ("City of Lubbock") pursuant to
the provisions of the Health Facilities Development Act, Chapter 221, Texas Health
and Safety Code (the "Act").
WHEREAS, it has been proposed that the Issuer issue its limited obligation
revenue bonds (the "Bonds") and loan the proceeds thereof to Sears Plains Retirement
Corporation ("Sears"), a non-profit corporation duly organized and existing under the
laws of the State of Texas to provide funds to (i) pay a portion of the cost of
constructing and equipping a skilled nursing facility to be known as the Garrison
Geriatric Education and Care Center to be located at 3710 Fourth Street, Lubbock,
Texas, and to consist of 60 chronic care nursing beds, 60 Alzheimer's care nursing
beds and attendant common areas (the "Project") and (ii) a portion of the costs of
issuance for the Bonds.
WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986,
as amended (the "Code"), the Issuer has conducted a public hearing (the "Hearing") in
the City of Lubbock following reasonable public notice with respect to the Bonds and
the Project and has presented to the City of Lubbock (the "Governing Body") a
summary of the proceedings from the Hearing;
WHEREAS, in order to satisfy the requirements of Section 147(f) of the Code,
it is necessary for the Governing Body or the Mayor, as the chief executive officer of
the City of Lubbock, to approve the Bonds after the Public Hearing has been held;
WHEREAS, it is deemed necessary and advisable that this Resolution be
adopted;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK, TEXAS THAT:
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SECTION 1. This Resolution is adopted for the purpose of satisfying the
requirements of the Issuer's articles of incorporation and by-laws and the conditions and
requirements of Section 147(f) of the Code, the regulations promulgated thereunder,
and any other applicable requirements.
SECTION 2. The Governing Body hereby receives and accepts the summary of
the proceedings from the Hearing.
SECTION 3. The Bonds, which may be issued in one or more series, are
hereby approved pursuant to Section 147(f) of the Code, the Issuer's articles of
incorporation and bylaws and other applicable laws, such Bonds to be issued in the
maximum aggregate face amount of $11,000,000 to provide funds to (i) pay a portion
of the cost of constructing and equipping a skilled nursing facility to be known as the
Garrison Geriatric Education and Care Center to be located at 3710 Fourth Street,
Lubbock, Texas, and to consist of 60 chronic care nursing beds, 60 Alzheimer's care
nursing beds and attendant common areas and (ii) a portion of the costs of issuance for
the Bonds.
SECTION 4. This approval is not to be construed as a financial undertaking by
the City of Lubbock, and the Bonds shall never constitute an indebtedness or pledge of
the City of Lubbock within the meaning of an constitutional or statutory provision, and
the owners of the Bonds shall never be paid in whole or in part out of any funds raised
or to be raised by taxation or any other revenues of the City of Lubbock. The City of
Lubbock shall have no responsibility to furnish any person any continuing disclosure
information with respect to the Bonds.
SECTION 5. The Mayor and the City Secretary of the City of Lubbock and
each council member of the City of Lubbock are hereby authorized, jointly and
severally, to execute and deliver such endorsements, instruments, certificates,
documents, or papers necessary and advisable to carry out the intent and purposes of
this Resolution.
SECTION 6. This Resolution shall take effect immediately form and after its
adoption.
PASSED by the City Council this I Ith day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Perry Stout
Perry Stout, Interim Managing Director of
Finance
APPROVED AS TO FORM:
/s/ Don Vandiver
Don Vandiver, First Assistant City Attorney
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Regular City Council Meeting
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A copy of the Notice of Intention is filed with Resolution No. 2001-R0001.
Sears Plains Retirement Corporation ("Sears") wishes to issue tax-
exempt debt to (1) pay a portion of the cost of constructing and
equipping a skilled nursing facility to be known as the Garrison Geriatric
Education and Care Center to be located at 3710 Fourth Street, Lubbock,
Texas; and (2) pay a portion of the costs of issuance for the bonds. The
facility will consist of 60 chronic care nursing beds, 60 Alzheimer's care
nursing beds and attendant common areas.
In order to issue tax-exempt debt, Sears has made application to the
Lubbock Health Facilities Development Corporation, which is a tax-
exempt financing conduit. The Lubbock Health Facilities Development
Corporation has conducted a public hearing in preparation for the debt
issuance process.
In order for Sears to issue tax-exempt debt, the Internal Revenue Service
requires the local governing body to acknowledge and approve the
financing and construction within their jurisdiction.
The debt is not being issued in the name of the City of Lubbock and the
City of Lubbock assumes no responsibility for the debt or its repayment.
As the City of Lubbock assumes no responsibility for this debt and this
debt is necessary to fund major capital construction for Sears Plains
Retirement Corporation, staff recommended passage of the resolution.
(14.) Resolution No. 2001-R0002/BID #265-00/RS - City Of Lubbock
Coliseum Sound System Renovation (Civic Center) — This project
replaces old sound amplifiers and supplements the existing sound system
with new equipment. The existing sound amplifiers do not have large
enough sound boards and sufficient number of inputs to adequately run
the sound for events at the Lubbock Coliseum. New and existing
speakers and horns will be aligned for improved distribution of sound.
RESOLUTION NO.2001-R0002
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 City of Lubbock
coliseum sound system renovation per ITB #265-00/RS, by and between City of
Lubbock and Norris Audio Video Systems of Amarillo, Texas, and related documents.
Said contract is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this 11'' day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary
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Page 8
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contracts Manager/Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this I I' day of January, 2001, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Norris Audio Video Systems, of the City of Amarillo, County of
Randall, and the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the
construction of certain improvements described as follows:
BID #265-00/RS - CITY OF LUBBOCK COLISEUM SOUND SYSTEM
RENOVATION - $76,325.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to do so shall have been given to him and to substantially
complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment
on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
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ATTEST:
/s/ Rebecca Garza
Secretary
APPROVED AS TO CONTENT:
/s/ John James
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Norris Audio Video Systems
Bv: /s/ Michael W. Norris
PRINTED NAME: Michael W. Norris
TITLE: Owner
COMPLETE ADDRESS:
Norris Audio Video Systems
7529 Canyon Drive
Amarillo, Texas 79110
The low bid is $78,255 from Norris Audio Video Systems of Amarillo,
Texas and is within the General Facilities and System Improvements
Capital Projects budget amount.
(15.) Resolution No. 2001-R0003/BID #279-00/RS—Doppler Radar Units
(Radio Shop) — This bid is for the purchase of 40 Doppler traffic radar
units designed to measure, compute, and display the speeds of target
vehicles in the stationary and moving modes. These units represent the
highest standard of quality and reliability for traffic radar used in the
detection of speed violations and will help ensure fair and equitable
treatment of all motorists while maintaining the highest degree of
individual and agency credibility.
RESOLUTION NO. 2001-R0003
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 per Bid #279-
00/RS to furnish doppler traffic radar units, by and between the City of Lubbock and
Kustom Signals of Lenexa, Kansas, 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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Passed by the City Council this l I' day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2001-R0003.
The low bid is $45,480 from Kustom Signals, Inc. of Lenexa, Kansas
and is within the Police Enhancements -Equipment Capital Outlay budget
amount.
(16.) BID #286-00/LR—Microfilming Services —Annual Pricing (City
Secretary) — This bid establishes annual pricing for microfilming
services. This bid involves microfilming approximately 1.6 million
documents annually for all city departments to comply with record
retention requirements.
The low bid is $29,600 from Quality Micrographics, Inc., dba Micro
Information Services of Lubbock, Texas and is within the Privatization —
Professional Services budget amount.
(17.) Resolution No. 2001-R0004/BID #294-00/LR—Quaker Avenue Strip
Paving (Street Drainage Engineering) — This project involves the
construction of an all weather driving surface on Quaker Avenue and the
extension of the hard surface on Quaker Avenue south to the city limits.
Culvert pipe will be placed under 114' Street to allow drainage on
Quaker Avenue and on 114' Street to reach a playa lake located
southeast of 114`' Street and Quaker Avenue.
RESOLUTION NO. 2001-R0004
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock, a contract to furnish materials and
services for Quaker Avenue strip paving from 89' Street south to city limits per ITB
#294-00/LR, by and between City of Lubbock and West Texas Paving, 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.
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Page 11
Passed by the City Council this I Ith day of January, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Becky Garza
Becky Garza, Interim City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 11th day of January, 2001, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and West Texas Paving, 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 #294-00/LR - QUAKER AVENUE STRIP PAVING - $169,655.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to do so shall have been given to him and to substantially
complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment
on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
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ATTEST:
/s/ Rebecca Garza
Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Murleen Jarnagin
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
West Texas Paving, Inc.
By: /s/ Darrell Jarnagin
PRINTED NAME: Darrell Jarnagin
TITLE: President
COMPLETE ADDRESS:
West Texas Paving, Inc.
P.O. Box 64187
Lubbock, Texas 79464
The low bid is $169,655 from West Texas Paving, Inc. of Lubbock,
Texas and is within the Street System Improvements budget amount.
(18.) BID #297-00/RS--Discount Pricing for Steelcase Office Systems —
Annual Pricing (Facilities Management) — This bid establishes annual
discount pricing for Steelcase "Avenir" office systems.
The highest discount off manufacturer's list price is 43.3 % from Baker
Office Products of Lubbock, Texas.
REGULAR AGENDA
(18A.) BID #278-00/LR--PVC Pipe, Manholes and Fittings (Water Utilities).
— This project is for the purchase of materials for all three phases of the
sanitary sewer improvements for the annexation in Southwest Lubbock.
Materials include approximately 37,345 feet of pipe in diameters from 6
inches to 36 inches, 67 manholes, and other associated products.
Motion was made by Councilmember McDougal, seconded by
Councilmember Morrison to continue Item 18A at the next City Council
Meeting, January 25, 2001. Motion carried: 5 Yeas, 0 Nays.
Staff recommended Council reject all bids and directs staff to solicit bids
for the purchase and installation of materials_
Staff recommended award of each bid to the bidder as indicated on the
tabsheets and award of each contract as shown on the resolutions and that
the Mayor be authorized to execute all documents necessary for each
transaction.
Motion was made by Councilmember McDougal, seconded by
Councilmember Patterson to take the items out of order and to consider
Items 25 and 26 next. Motion carried: 5 Yeas, 0 Nays.
The next item considered was Item No. 25.
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PUBLIC HEARINGS
(19.) Ordinance No. 2001-00003 - ZONE CASE NO. 2896 (66' Street and
Quincy Avenue): Hold a public hearing to consider request of Jay
Stone (for Jay and Thelma Stone, George McMahan, Donald and
Joyce Cunningham, Marc & Rhonda Greco, L.D. & Virginia
Martin, and Paz Malinar) for a zoning change from T to C-4 with
conditions on tracts of land out of the northwest corner of Section
30, Block AK.
ORDINANCE NO.2001-00003
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2896; A ZONING CHANGE FROM T TO C4 AND
C-4 SPECIFIC USE FOR MINI WAREHOUSES ZONING ON TRACTS OF
LAND OUT OF THE NORTHWEST CORNER OF SECTION 30, BLOCK AK,
LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:08 a. in. Jay Stone
appeared in favor of zone change. No one appeared in opposition.
Randy Henson, Senior Planner, presented staff comments. Mayor Sitton
closed the hearing at 11:09 a. in.
In the area annexed in 1999, several businesses are clustered adjacent to
Quincy and 66th Street. Since the location of the property would
normally be contrary to the "policy" location for commercial zoning but
is existing, the staff asked the group to come together and request a
change to the Comprehensive Land Use Plan and a zone case which will
protect the viability of the businesses. Included in the group are a pest
control business, a mini -storage project, several automotive repair shops
and a manufacturing facility for cotton modules. The proposed zone
case will not accommodate the module company, which would require
M-1 zoning. It will provide the landowners future commercial use, but
not manufacturing. The current module operation will be protected by
non -conforming status.
Adjacent land uses:
North - a number of commercial and manufacturing uses in a
zone.
South - vacant and developed residential
East - vacant "T"
West - existing residential
The request is not in conformance with the recently approved
Comprehensive Land Use Plan. As noted during the annexation, the
Plan will undergo a number of reviews and modifications as land use
issues are addressed. Many non -policy situations exist in the area. In
this particular instance, the current deed restrictions allow for
commercial and the adjacent landowners are aware of the current
operations. The objective stated in the Plan for consideration of
protecting adjacent property owners when considering zone cases is not
as practical in the instance where land use is already established.
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Regular City Council Meeting
January 11, 2001
Page 14
With regard to zoning policy, the C-4 would not typically be warranted,
but the uses exist. The proponents have agreed to a strike list of some of
the heavier C-4 permitted uses. The remaining C-4 uses include the
existing businesses and would allow the pest control business to expand.
The proposal should have little effect on the thoroughfare system that
does not already exist.
In addition, a Specific Use Permit is recommended for the mini -
warehouse project that allows the current project. The Planning and
Zoning Commission recommendation includes a motion that the
Comprehensive Land Use Plan is amended to reflect the proposal.
The Planning and Zoning Commission recommended approval of this
request subject to the following conditions:
Two conditions are proposed:
1. That the following C-4 permitted uses shall not be allowed:
• Billboards
• Candy plant
• Commercial private clubs and teenage clubs
• Dance hall
• Furniture store, used
• Game room, pool, billiard and/or domino parlor
• Hotel or motel
• Hot tamale plant
• Lumber yard, with no mill
• Mobile home sales
• Motorcycle shop, including sales, rentals and service
• Nightclub, bar or lounge
2. The mini -ware house project shall be C-4 Specific Use for mini -
warehouse uses and a provision for reversion to the permitted
uses of ZC 2896.
The staff supports the recommendation of the Planning Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 2001-
00003 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(20.) Ordinance No. 2001-00004 - ZONE CASE NO. 2897 (7617 S.
University Avenue): Hold a public hearing to consider request of
Chris Level (for The Aark Self Storage) for a zoning change from C-
2 to C4 Specific Use for mini warehouses on a 50 foot by 125 foot
parcel of land out of tract A-1-B and a 50 foot by 19 foot parcel of
land out of Tract E, Sandlewood Village Addition.
ORDINANCE NO. 2001-00004
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2897; A ZONING CHANGE FROM C-2 TO C-4
SPECIFIC USE ZONING FOR MINI WAREHOUSES ON A 50 FOOT BY 125
FOOT PARCEL OF LAND OUT OF TRACT A-1-B AND A 50 FOOT BY 19
FOOT PARCEL OF LAND OUT OF TRACT E, SANDLEWOOD VILLAGE
ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
14
Regular City Council Meeting
January 11, 2001
Page 15
Mayor Sitton opened the public hearing at 11:09 a. m. Gary Greenstreet
appeared on behalf of The Aark Self Storage. No one appeared in
opposition. Mayor Sitton closed the hearing at 11:10 a. m.
An existing storage project east of 76' and University is proposing to
expand to include a remnant of land behind the Home Plate Diner.
Existing land use commercial in all directions.
The project is consistent with the Comprehensive Land Use Plan and
zoning policy.
This addition will have no effect on the thoroughfare system.
The Planning and Zoning Commission recommended approval of this
request as Specific Use for mini -warehouse.
The staff supports the recommendation of the Planning Commission.
Motion was made by Councilmember McDougal, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 2001-
00004 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(21.) Ordinance No. 2001-00005 - ZONE CASE NO. 2898 (3608 24'h
Street): Hold a public hearing to consider request of Gary A. Ward
(for Endoscopic Land Development) for a zoning change from R-1 to
AM on the south 160 feet of lot 5A, Block 1, Rock Haven Addition.
ORDINANCE NO. 2001-00005
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2898; A ZONING CHANGE FROM R-1 TO AM
ZONING ON SOUTH 160 FEET OF LOT 5A, BLOCK 1, ROCK HAVEN
ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:11 a. in. Gary A. Ward
appeared on behalf of Lubbock Digestive Disease Associates and
Endoscopic Land Development. No one appeared in opposition. Mayor
Sitton closed the hearing at 11:13 a. in.
The proposal is to rezone a parcel adjacent to the LDDS clinic between
23rd and 24' Streets east of Louisville.
Adjacent land uses:
North - medical
East - residential
West - medical
South - residential
The request is consistent with the Comprehensive Land Use Plan. The
parcel is within the policy district for AM.
The request is also consistent with zoning policy. Redevelopment for
medical will be in conjunction with AM District development standards.
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Regular City Council Meeting
January 11, 2001
Page 16
The project should have little additional effect on the thoroughfare
system.
The Planning and Zoning Commission recommended approval of this
request.
The staff supports the recommendation of the Planning Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember Morrison to pass on first reading Ordinance No. 2001-
00005 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(22.) Ordinance No. 2001-00006 - ZONE CASE NO. 2899 (7702 Indiana
Avenue): Hold a public hearing to consider request of Tim Pridmore
(for Cumberland Presbyterian Church) for a zoning change from R-
1 to A-2 for a church and church related uses on Tract G and the
North 250 feet of tract G-1, Melonie Park South Addition.
ORDINANCE NO. 2001-00006
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2899; A ZONING CHANGE FROM R-1 TO A-2
ZONING LIMITED TO CHURCH USES ON TRACT G AND THE NORTH 250
FEET OF TRACT G-1, MELONIE PARK SOUTH ADDITION, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:13 a. in. Tim Pridmore
appeared on behalf of Cumberland Presbyterian Church. No one
appeared in opposition. Mayor Sitton closed the hearing at 11:15 a. in.
The proponent is requesting zoning for an existing nonconforming
church.
Adjacent land uses:
North - residential
South - commercial
East - residential across Indiana
West - residential
The request is consistent with the Comprehensive Land Use Plan and
zoning policy. A request within the case is to restrict the A-2 to church
and church related uses.
The proposal should have no additional effect on the thoroughfare
system.
The Planning and Zoning Commission recommended approval of this
request subject to the proposed limitation, the staff supports the request.
The staff supports the recommendation of the Planning Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember Morrison to pass on first reading Ordinance No. 2001-
00006 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
16
Regular City Council Meeting
January 11, 2001
Page 17
(23.) Ordinance No. 2001-00007 - ZONE CASE NO. 2900 (northwest
corner of 1't Street and University Avenue): Hold a public hearing to
consider request of Hugo Reed and Associates, Inc. (for Rodney
Warren) for a zoning change from R-2 to C4 for a drive in
restaurant on the East 3 feet of lot 19 and Lots 20-24, F.R. Friends
Addition.
ORDINANCE NO.2001-00007
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2900; A ZONING CHANGE FROM R-2 TO C-4
SPECIFIC USE FOR A DRIVE IN RESTAURANT ZONING ON THE EAST 3
FEET OF LOT 19 AND LOTS 20-24, F.R. FRIENDS ADDITION, LUBBOCK,
TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING
A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:15 a. in. Terry Holman
appeared on behalf of Hugo Reed and Associates, Inc. Randy Henson,
Senior Planner, presented staff comments. No one appeared in
opposition. Mayor Sitton closed the hearing at 11:16 a. in.
The proponent is requesting to add a portion of Lot 19 and all of Lot 20
as C-4 to the existing C-4 frontage on University. As discussed in a
number of previous cases for Sonic, the carryout method of delivery
used by this franchise requires C-4 versus the fact that competitors
providing inside dining can be located in C-2A Districts. Staff have a
very good track record with the projects built by Mr. Warren.
Adjacent land uses:
North - commercial and residential
South - commercial and residential
East - commercial
West - residential
The proposal is reasonably consistent with the Comprehensive Land Use
Plan.
Regarding zoning policy, the request is C-4 limited to the drive through
restaurant. Because the request proposes a reduction in front setback to
approximately 25 feet (versus the standard 43-foot requirement), and a
25-foot setback from I" Street, the Planning Commission recommended
a Specific Use Permit. The open nature of the service canopy has
allowed this at other locations with no difficulty. Also, the reduction in
setback is based on the setback of adjacent building which is "0" on the
north side.
The proposal should have no additional effect on traffic.
The Planning and Zoning Commission recommended approval of this
request as C-4 Specific Use subject to the following conditions:
1 • Provision that the zoning would revert to IHC should the
restaurant cease to operate.
2• That a split face block screening wall be constructed adjacent
to
those lots zoned residential (on the north and east) with an
appropriate step down toward I" Street.
The staff supports the recommendation of the Planning Commission.
17
Regular City Council Meeting
January 11, 2001
Page 18
Motion was made by Councilmember Patterson, seconded by
Councilmember Morrison to pass on first reading Ordinance No. 2001-
0007 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(24.) Ordinance No. 2001-00008 - ZONE CASE NO. 2901 (1201 Alcove
Avenue): Hold a public hearing to consider request of David and
Teresa Teague for a zoning change from R-1 to R-1 Specific Use
(Residential Estates) on a 25.513 acre tract of land out of the
southwest quarter of Section 1, Block D-6.
ORDINANCE NO. 2001-00008
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2901; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE (RESIDENTIAL ESTATES) ZONING ON A 25.513 ACRE
TRACT OF LAND OUT OF THE SOUTHWEST QUARTER OF SECTION 1,
BLOCK D-6, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO
CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Sitton opened the public hearing at 11:16 a. in. No one appeared
in favor or opposition of zone change. Mayor Sitton closed the hearing
at 11:20 a. m.
The proponent bought a 25 acre parcel out of a commercial nursery east
of Alcove on what would be 12'hStreet. The parcel currently has pecan
trees planted on it. Several adjacent parcels have similar size and use.
Adjacent land uses:
North - farm
South - farm and one home
East - farm
West - commercial greenhouse
The request is reasonably consistent with the Comprehensive Land Use
Plan.
Regarding zoning policy, although the Residential Estates District was
developed to accommodate "horse" subdivisions, the proposed use will
fit with the adjacent uses of property in this area. Redevelopment to
"standard" residential in this area will be many years from now.
The proposal will have no effect on the thoroughfare system.
The Planning and Zoning Commission recommended approval of this
request as R-1 Specific Use (Residential Estates) with a provision for six
re
q
head of stock.
mmendation of the Planning Commission.
The staff supports the reco
Motion was made by
Councilmember Morrison, seconded by
Co
uncilmember Nelson to pass first reading Ordinance No. 2001-0000
as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
The next item considered was Item No. 27.
Regular City Council Meeting
January 11, 2001
Page 19
SPECIAL
(25.) Hold a public hearing to consider the request of Texland Petroleum
for an Oil Drilling Permit on a tract of land located approximately
1,353 feet south and 662 feet east of the northwest corner in Section
2, Block D-4, Lubbock County, Texas (on the grounds of the
Hillcrest Country Club). Designation of well is Texland-CLU 35-7.
Mayor Sitton opened the public hearing at 11:05 a. in. Dub Bratcher
appeared on behalf of Texland Petroleum. No one appeared in
opposition. Mayor Sitton closed the hearing at 11:07 a. in.
(26.) Consider approval of an Oil Drilling Permit for Texland-CLU 35-7.
On December 20, 2000 the Planning Department received an application
for a permit to drill the above described well. The well is an
enhancement well in a secondary recovery field. As noted, the well is
on the grounds of the Hillcrest Country Club. Seven wells already exist
on Hillcrest property. The storage site is proposed in conjunction with
an existing tank battery.
The application is in order. Texland proposes steel and earth sludge pits
and will landscape the well site. The blow-out protector has a rating of
3,000 psi. Disposal of waste materials is proposed at a Railroad
Commission approved dump in Lubbock County. Access to the drill site
and storage site is proposed from Regis Road on private property.
SHORT TERM IMPACTS: A minimum of impact for the public is
expected for the short term since the area is used as a golf course.
POTENTIAL LONG TERM IMPACTS: The land area surrounding
and including this lease is designated "open space" on the
Comprehensive Land Use Plan. With additional wells in the immediate
area and no immediate development proposals, no long term negative
impacts are anticipated. The staff recommended approval subject to the
following conditions:
RECOMMENDED PERMIT CONDITIONS:
1. No hydrocarbon lubricant (waste oil) shall be used to free -up the
hole during drilling until after the first series of surface casing
has been set to 400 feet or greater.
2. The permittee shall require that a first series of casing be set
when drilling reaches a minimum depth of 400 feet. The
permittee shall notify the Lubbock office of the Texas Railroad
Commission for the intended dates for casing the well.
3. The first and second series of casing of the well shall be in
compliance with applicable portions of Rule 13 of the Texas
Railroad Commission.
4. The permittee shall meet all other conditions of Section 14,
Article VI of the Lubbock Code and those specifications indicated
within the application of Texland Petroleum for Texland-
CLU 35-7.
Staff recommended approval of the permit with the proposed conditions.
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Regular City Council Meeting
January 11, 2001
Page 20
Motion was made by Councilmember Nelson, seconded by
Councilmember Morrison for approval of an Oil Drilling Permit for
Texland-CLU 35-7. Motion carried: 5 Yeas, 0 Nays.
The next item considered was Item No. 19.
HEALTH AND COMMUNITY SERVICES
(27.) Resolution No. 2001-R0005 authorizing the City Council to create a
Smoking Ordinance Ad Hoc Committee to study the public health
issue of smoking in public places and appoint members to said
committee.
The Stop Tobacco in Restaurants (STIR) Campaign and the Lubbock
Smokeless Coalition addressed the City Council during a work session
on December 14, 2000. Approximately 200 residents, including dozens
of schoolchildren, filled the city council chambers to support the efforts
of these groups. Several speakers addressed the Council during the
session either in person or on video including Amit Bushan, Dr. Donna
Bacchi, J.C. Chambers, Dr. David Smith, Gary Danhof from Chili's
Restaurant, W.R. Collier from American State Bank, Rose Chase with
the Lubbock Smokeless Coalition, and several others. Members of the
groups requested the Council revisit the issue of smoking in public places
and strengthen the existing Smoking Ordinance for the City of Lubbock.
The Mayor and City Council agreed an Ad Hoc Committee should be
created and charged to study the public health issue of smoking in public
places and the current City and State regulations on smoking in the City
of Lubbock. Comments were made that input should be sought from
medical experts and from those persons, businesses and other places that
are affected by smoking in public places. This could include bowling
alleys, bars, private industry, as well as the Board of Health, STIR
Campaign, Smokeless Lubbock Coalition, Hotel -Motel Association, and
other groups or associations.
An eleven member committee to be appointed jointly by the City Council
is recommended with the members serving for a term of approximately
120 days or until the objective is accomplished. One member is
appointed by each member of the City Council and three members
(including one from Lubbock's Restaurant Association, one serving in
the public health area and one that is a member of the business
community) is appointed jointly by the City Council. The Mayor also
appointed a member to serve as the Chair of the Committee. The City
Council appointed an ex officio member without voting rights who has
prior experience with this issue as a member of the City Health Board to
provide historical background and identify potential problems for the
Committee. The City Manager of the City of Lubbock appointed a staff
liaison to the Committee.
Regular meetings will be held at times and locations established by a
majority of the Committee members. A simple majority of members
shall constitute a quorum, and a majority vote of the quorum shall be
required for any action to be taken by the Committee. The chairperson
of the Committee shall present a monthly report to the City Board of
Health and a final report to the City Council recommending a course of
action.
There are approximately 800 food establishments in the City of Lubbock.
Approximately 90 restaurants in Lubbock are smoke -free establishments.
FAX
Regular City Council Meeting
January 11, 2001
Page 21
The City of Lubbock Smoking Ordinance was passed in October 1987
and later modified in November 1995.
Staff recommended that the City Council approve the resolution creating
a Smoking Ordinance Ad Hoc Committee and directing the Committee to
study the public health issue of smoking in public places.
Tommy Gonzalez, Managing Director of Civic Services, presented staff
comments.
Motion was made by Councilmember Nelson, seconded by
Councilmember McDougal to pass Resolution No. 2001-R0005 as
recommended by staff. Motion carried: 5 Yeas, 0 Nays.
(28.) Consider one appointment to the Appointments Advisory Board.
Motion was made by Councilmember Morrison, seconded by
Councilmember Patterson to appoint Bruce Allaire to the Appointments
Advisory Board. Motion carried: 5 Yeas, 0 Nays.
(29.) Consider one appointment to the Building Board of Appeals.
Motion was made by Councilmember Morrison, seconded by
Councilmember Patterson to appoint Mark Anderson to the Building
Board of Appeals. Motion carried: 5 Yeas, 0 Nays.
(30.) Consider one appointment to the Culture and Arts Commission.
Motion was made by Councilmember Morrison, seconded by
Councilmember Patterson to appoint Julia Carrillo to the Culture and
Arts Commission. Motion carried: 5 Yeas, 0 Nays.
(31.) Consider one appointment to the Keep Lubbock Beautiful Advisory
Committee.
Motion was made by Councilmember Morrison, seconded by
Councilmember Patterson to appoint Janet Schmidly to the Keep
Lubbock Beautiful Advisory Committee. Motion carried: 5 Yeas, 0
Nays.
(32.) Consider one appointment to the Permit and License Appeal Board.
Motion was made by Councilmember Morrison, seconded by
Councilmember Patterson to appoint David Tate to the Permit and
License Appeal Board. Motion carried: 5 Yeas, 0 Nays.
11:25 A.M. COUNCIL RECESSED TO EXECUTIVE SESSION
12:21 P.M. COUNCIL RECONVENED
21
Regular City Council Meeting
January 11, 2001
Page 22
12:21 P.M. COUNCIL ADJOURNED
There being no further business to come before Council, Councilmember
Patterson adjourned the meeting.
WIN�15Y SITtON,MAYOR
ATTEST:
Becky Garza, terim City Se&etary
Read and approved this � day of , 2001.
WINDY SAT6N, VAYOR
ATTEST:
Becky Garza,'ihterim City Secretary
22