HomeMy WebLinkAboutMinutes - City Council - Regular - 3/6/2001CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
March 6, 2001
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 6th
day of March, 2001, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 7:30 A. M.
7:31 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Pro Tern Alex "Ty" Cooke, Councilmember Victor
Hernandez, Councilmember Frank Morrison, Councilmember T.J.
Patterson
Absent: Mayor Sitton and Councilmembers Nelson and McDougal
CITIZEN COMMENTS
No one appeared to express comments to the Council.
EXECUTIVE SESSION
Mayor Pro Tern Cooke 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;
Parks Department; Police Department; Water Utilities); personnel
matters regarding duties, responsibilities, and/or appointments to
(Boards and Commissions); and to deliberate the purchase, exchange,
lease, or value of real property (Street Engineering; Water Utilities).
7:34 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All councilmembers were present.
( 1.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters (City
Manager).
( 2.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086 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; Parks Department; Police
Department; Water Utilities).
( 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:
Community Relations Commission
Keep Lubbock Beautiful Advisory Committee
Neighborhood Redevelopment Commission
Zoning Board of Adjustment
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Page 156
(5.) 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 (Streets Engineering; Water Utilities).
9:35 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All councilmembers were present except for Councilmember
McDougal.
( 6.) Presentation of Appointments Advisory Board 2000 Annual Report.
Debbie Hurt, Chair. (15 minutes)
Each year the Appointments Advisory Board presents an Annual Report
to the City Council that details the board appointment information during
the past year. The report also included board recruitment activity of the
past year. This report is an operational tool in helping the Board make
recommendations to the Council and assisting with recruitment efforts.
No action was required.
( 7.) Presentation on the 21s1 Century Challenge. Clive Rainey, Director of
Habitat for Humanity International. (15 minutes)
Habitat for Humanity challenges communities to eliminate substandard
housing in their area, and challenges them to set a date to meet the
challenge no more than 20 years in the future. This will be the initiative
of the community as a whole working together to tackle this very
significant and worthy goal, not just Lubbock Habitat. Clive Rainey is
the Director of the 21" Century Challenge for Habitat for Humanity
International. He spoke to the Council about the challenges and
opportunities for Habitat to assist in meeting the challenges for this
community.
Mr. Rainey made a presentation on behalf of Habitat for Humanity
International. No action was required.
10:15 A. M. WORK SESSION RECESSED
10:30 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Windy Sitton, Mayor Pro Tern Alex "Ty" Cooke,
Councilmember Victor Hernandez, Councilmember Marc
McDougal, Councilmember Frank Morrison, Councilmember David
Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager;
Anita Burgess, City Attorney; and Rebecca Garza, City Secretary
Absent: None
Mayor Sitton called the meeting to order at 10:30 A. M.
( 8.) Father John Hill, St. Andrew Greek Orthodox Church gave the
invocation.
( 9.) Pledge of Allegiance was given in unison by those in the City Council
Chambers.
BOARD APPOINTMENTS RECOGNITION
Board of Health
Receiving: Dr. Bill Edwards
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Neighborhood Redevelopment Commission
Receiving: Kay Key (unable to attend)
Park and Recreation Board
Receiving: Steve Deaton
Zoning Board of Adjustment
Receiving: Bill Mateja (unable to attend)
CITIZEN APPEARANCES
(10.) Presentation of a proclamation to the American Business Club
commemorating March 4-10, 2001 as ABC Rodeo Days in Lubbock.
Since 1943, the ABC Rodeo has contributed to the quality of life in our
community. By providing rodeo proceeds to help sponsor Lubbock's
three Boys and Girls Clubs, a longstanding tradition of helping local
youth has been established. Each year, members of the American
Business Club dedicate personal time and effort in organizing the ABC
Rodeo, and they work hard to ensure that it is a quality event.
Presentation of a proclamation was made to the American Business Club
commemorating March 4-10, 2001 as ABC Rodeo Days in Lubbock.
Accepting the proclamation was Brady Sanders, Chairman of the 2001
ABC Rodeo. Also present were Brannde Beasley, the 2001 ABC Rodeo
Queen and other members of the American Business Club.
(11.) Presentation of a special recognition to the City of Lubbock Health
Department and Health Education Team in honor of the upcoming
Employee Health Fair on March 13, 2001 and the South Plains Mall
Health Fair on March 23, 2001.
This year marks the 191h annual city health fair at the South Plains Mall,
to be held March 23, 2001. The City of Lubbock employee health fair
will be held March 13, 2001. The theme for these March events is
"Spring into Health." These health fairs will educate residents and
employees about the benefits of healthful behaviors and encourage them
to make healthy lifestyle choices and changes.
Presentation of a special recognition to the City of Lubbock Health
Department and the Health Education Team in honor of the upcoming
Employee and Mall health fairs. Accepting the recognition was Mary
Croyle and other members of the City of Lubbock Health Department
and the Health Education Team.
CONSENT AGENDA (Items No. 12-23)
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to approve Items Nos. 12-23 on consent
agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(12.) Approval of the minutes of the Regular City Council Meeting of
February 22, 2001.
(13.) Ordinance No. 2001-00015 abandoning and closing three guy wire
easements located in the C. C. Knott Addition (5401 54" Street)
(second and final reading).
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Page 158
ORDINANCE NO. 2001-00015
AN ORDINANCE ABANDONING AND CLOSING THREE GUY WIRE
EASEMENTS LOCATED IN THE C. C. KNOTT 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.
(14.) Ordinance No. 2001-00016 amending Chapter 28 of the Code of
Ordinances of the City of Lubbock with regard to establishing a
program to rebate water and sanitary sewer pro rata charges for
qualified not -for -profit agencies constructing owner occupied homes
(first reading).
ORDINANCE NO. 2001-00016
AN ORDINANCE AMENDING CHAPTER 28 OF THE CITY OF LUBBOCK CODE
OF ORDINANCES, PERMITTING REIMBURSEMENT OF WATER AND
SANITARY SEWER PRO RATA CHARGES; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
This revision of the pro rata ordinance establishes a rebate program for
water and sanitary pro rata similar to the water and sanitary sewer tap
rebate program. This program applies to agencies that are not -for -profit
and build owner occupied homes. The agencies must furnish proof of
their not -for -profit status. The homeowner must have a household
income that is at or below 80 % of the median household income level.
Only lots in designated CDBG areas are eligible for the rebate. Other
restrictions are that water and sanitary lines must be in place and of
adequate capacity to serve the property; and no pro rate reimbursement
contracts are in effect.
Staff estimates that the negative impact on the pro rata water and sanitary
sewer fund balances to be approximately $20,000 per year.
Staff recommended approval of the ordinance and implementation.
(15.) Resolution No. 2001-R00079 authorizing the Mayor to execute a
lease agreement with Purina Mills, Inc. for a Street Department
stack lot (201 East Municipal Drive).
RESOLUTION NO. 2001-R0079
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a lease agreement for a
tract of land to be used as a stack lot for street department dirt, by and between the City
of Lubbock and Purina Mills, Inc. and related documents. Said contract is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
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Passed by the City Council this 6th day of March, 2001.
/s/ WINDY SITTON
WINDY SITTON, 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/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the Lease Agreement is filed with Resolution No. 2001-R0079.
This lease agreement with Purina allows the City's Street Department to
have a dirt stack lot at the northeast corner of East Municipal Drive and
North Ash Avenue. Several months ago, the Street Department took dirt
from the west side of the City Garage and stacked it with Purina's
permission on this property. This lease will be for two years and the
City will pay $100 per month for the lease.
The Right -of -Way Department recommended the approval of this lease.
(16.) Resolution No. 2001-R0080, Resolution No. 2001-0081 authorizing
the Right -of -Way Department to make an offer to The First Baptist
Church and Lamar Outdoor Advertising for two billboard signs in
conjunction with the Marsha Sharp Freeway Railroad Relocation
Project - Parcel 1RR56 (North side of U.S. 84, just east of North
Frankford Avenue).
RESOLUTION NO. 2001-R0080
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public
needs, safety and welfare demand and create a public necessity for the acquisition of
additional land for municipal public use and purposes, to -wit: for the East-West
Freeway Railroad Relocation Project, and the City Council of said City finds it in the
public interest and for public purposes and municipal purposes to proceed with the
acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on the following described parcel of
land located in Lubbock County, Texas, be acquired for public purposes and
municipal purposes as set forth in the preamble hereof, to -wit:
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PARCEL NO OWNER'S NAME AMOUNT
1RR56 Lamar Outdoor Advertising $ 16,135.00
SECTION 2. THAT the improvements on the above -described parcel of
land whose acquisition is herein authorized is more particularly described as
"Exhibit A" attached to this Resolution and incorporated herein as part of this
Resolution.
SECTION 3. THAT the owners of the above -described improvements on the
parcel of land BE offered through the Right -of -Way Department of the City of
Lubbock the amount hereinabove indicated for their respective parcel(s), which
is the amount appraised as the value and total damages for the acquisition of the
improvements, including all legal obligations attached thereto, for the use and
benefit of the City of Lubbock, Texas, for the purposes herein stated.
Passed by the City Council this 6th day of March, 2001.
/s/ WINDY SITTON
WINDY SITTON, 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/ Linda L. Chamales
Linda Chamales
Supervising Attorney/Office Practice
A copy of Exhibit "A" is filed with Resolution No. 2001-R0080.
RESOLUTION NO. 2001-R0081
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public
needs, safety and welfare demand and create a public necessity for the acquisition of
additional land for municipal public use and purposes, to -wit: for the East-West
Freeway Railroad Relocation Project, and the City Council of said City finds it in the
public interest and for public purposes and municipal purposes to proceed with the
acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on the following described parcel of
land located in Lubbock County, Texas, be acquired for public purposes and
municipal purposes as set forth in the preamble hereof, to -wit:
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Regular City Council Meeting
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PARCEL NO OWNER'S NAME AMOUNT
1RR56 First Baptist Church $ 4,925.00
SECTION 2. THAT the improvements on the above -described parcel of
land whose acquisition is herein authorized is more particularly described as
"Exhibit A" attached to this Resolution and incorporated herein as part of this
Resolution.
SECTION 3. THAT the owners of the above -described improvements on the
parcel of land BE offered through the Right -of -Way Department of the City of
Lubbock the amount hereinabove indicated for their respective parcel(s), which
is the amount appraised as the value and total damages for the acquisition of the
improvements, including all legal obligations attached thereto, for the use and
benefit of the City of Lubbock, Texas, for the purposes herein stated.
Passed by the City Council this 6th day of March, 2001.
/s/WINDY SITTON
WINDY SITTON, 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/ Linda L. Chamales
Linda Chamales
Supervising Attorney/Office Practice
A copy of Exhibit "A" is filed with Resolution No. 2001-R0081.
There are two billboard signs that need to be acquired on Parcel 1RR56.
These two signs have been appraised by TxDOT. The owner of the first
billboard is the First Baptist Church and TxDOT appraised this sign at
$4,925 which is our offer to them. The second billboard is owned by
Lamar Outdoor Advertising and TxDOT appraised this sign at
$16,135.00 which is the city's offer to them.
The Right -of -Way Department recommended the approval of this offer to
the First Baptist Church and to Lamar Outdoor Advertising.
(17.) Resolution No. 2001-R0082 authorizing the Mayor to execute an
interlocal agreement with Texas Tech University for the design and
construction of a sanitary sewer line.
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Page 162
RESOLUTION NO. 2001-R0082
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 Interlocal Sewer Line Agreement
between City and Texas Tech University, a copy of which Agreement is attached
hereto, and any associated documents, which Agreement shall be spread upon the
minutes of this Council and as spread upon the minutes of this Council shall constitute
and be a part hereof as if fully copied herein in detail.
Passed by the City Council this 6th day of March, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook, Director of Water Utilities
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
A copy of the Interlocal Sewer Line Agreement is filed with Resolution No. 2001-
R0082.
This interlocal agreement is for the installation of approximately 7000
feet of 18-inch sanitary sewer line from 6' and University to 151h and
Avenue S. The improvements are necessary to accommodate the
increased game time sanitary sewage flow anticipated from the Jones
SBC Stadium renovations. The existing sanitary sewer system in the
area is currently at 50 to 75 percent capacity under normal conditions.
Texas Tech University requested the city design and construct the line.
The estimated cost is $702,980 (includes engineering, inspection, testing,
construction and a 25 percent contingency). The estimated date of
completion is August 3, 2001.
Staff recommended approval of the resolution and execution of the
agreement.
(18.) Resolution No. 2001-R0083 authorizing the Mayor to execute a
contract with the Texas Historical Commission for 2000-2001
Certified Local Government Grant to produce an educational and
informational brochure on the Civilian Conservation Corps buildings
in Mackenzie Park and apply for a Recorded Texas Historic
Landmark Designation for Mackenzie Park.
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Page 163
RESOLUTION NO. 2001-R0083
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 and accept for and on behalf of the City of Lubbock a $1,575 Grant for their
participation in the FY2001 Certified Local Government program and any associated
documents, by and between the City of Lubbock and the Texas Historical Commission.
Said Grant 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 6th day of March, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Randy Henson
Randy Henson, Sr. Planner
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Grant Contract is filed with Resolution No. 2001-R0083.
Certified Local Government Grants are awarded by the Texas Historical
Commission to fund projects for local historic preservation. The grants
are based on a 40-60 cash basis or a 50-50 in kind basis. This grant is
funded by a combination of in kind and cash matches. The deadline to
finish this project is May of 2002.
Mackenzie Park is one of the least recognized historic resources within
the City Of Lubbock. Publication of a brochure and the resulting
publicity will draw attention to the park and help to educate Lubbock's
citizens about this valuable 20`' century resource. Placement of the
brochures at other local attractions including the Buddy Holly Center,
the American Windpower Center, and the Lubbock Lake Landmark will
draw visitors to the park. This priority addresses the Urban Design and
Historic Preservation Commission goal "Protect and promote the historic
and prehistoric resources found along Yellowhouse Canyon."
The City was awarded $1,575 cash for our contribution of $550 cash and
$1,212 in kind funds for this project.
The staff supported the approval of the resolution.
(19.) Resolution No. 2001-R0084 authorizing the Mayor to execute a
contract with the Texas Historical Commission for 2000-2001
Certified Local Government Grant to allow for two commission
members and one staff member to attend a Certified Local
Government Conference in 2001.
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Page 164
RESOLUTION NO. 2001-R0084
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 and accept for and on behalf of the City of Lubbock a $500 Grant for
their participation in the FY2001 Certified Local Government program and any
associated documents, by and between the City of Lubbock and the Texas Historical
Commission. Said Grant 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 6th day of March, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Randy Henson
Randy Henson, Sr. Planner
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Grant Contract is filed with Resolution No. 2001-R0084.
Certified Local Government Grants are awarded by the Texas Historical
Commission to fund projects for local historic preservation. The grants
are based on a 40-60 cash basis or a 50-50 in kind basis. This grant is
funded by a combination of in kind and cash matches. The deadline to
finish this project is May of 2002.
The Urban Design and Historic Preservation Commission has several
new members who would benefit from the exposure to other commission
members and whose preservation knowledge would be broadened by
attendance at the annual conference. This priority addresses the Urban
Design and Historic Preservation Commission goal: "Provide
educational and intergovernmental coordination opportunities for Urban
Design and Historic Preservation Commission."
The City was awarded $500 cash for our contribution of $300 cash and
$228 in kind funds for this project.
Staff supported the approval of the resolution.
(19.) Resolution No. 2001-R0085 authorizing the Mayor to execute a
contract with the Texas Historical Commission for 2000-2001
Certified Local Government Grant to prepare a National Register
Nomination for the original terminal building on Lubbock
International Airport.
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Page 165
RESOLUTION NO. 2001-R0085
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 and accept for and on behalf of the City of Lubbock a $1,140 Grant
for their participation in the FY2001 Certified Local Government program and any
associated documents, by and between the City of Lubbock and the Texas Historical
Commission. Said Grant 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 6th day of March, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Randy Henson
Randy Henson, Sr. Planner
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Grant Contract is filed with Resolution No. 2001-R0085.
Certified Local Government Grants are awarded by the Texas Historical
Commission to fund projects for local historic preservation. The grants
are based on a 40-60 cash basis or a 50-50 in kind basis. This grant is
funded by a combination of in kind and cash matches. The deadline to
finish this project is May of 2002.
This project is to complement the construction of the proposed "Silent
Wings" Museum and protect an important part of Lubbock's heritage.
The City Of Lubbock owes a large debt to the aviation community and
this structure was significant in its growth. The original Municipal
Airport building was also used by the glider training base during World
War II. The city is seeking this nomination to take advantage of any
sources of funding that might be available for renovation. Successful
completion of this project will help emphasize the importance that
aviation has been to the growth of the City Of Lubbock.
The City was awarded $1,140 cash for our contribution of $500 cash and
$987 in kind funds for this project.
Staff supported the approval of the resolution
(21.) Resolution No. 2001-R0086 authorizing the Mayor to execute a
consent of lessor, regarding assignment of lease between the City of
Lubbock and Williams & Peters Construction, Inc., and any other
related documents for the Land Application Site.
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RESOLUTION NO. 2001-R0086
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 Consent of Lessor,
regarding that Assignment of Lease between the City of Lubbock and Williams & Peters
Construction, Inc., and any other related documents. Said Consent 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 6th of March, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Terry Ellerbrook
Terry Ellerbrook
Managing Director Water Utilities
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner
Natural Resources Attorney
A copy of the Consent of Lessor is filed with Resolution No. 2001-R0086.
Granite Construction Corp. has bought Williams & Peters Corp.
Williams & Peters has a property lease contract with the City of
Lubbock. The property that is leased is located on East 50" Street just
outside Loop 289 on the Land Application Site. The property is used to
set up a Hot Mix Plant for road construction. Staff recommended that
the Williams & Peters Corp. contract be assigned, with the same terms,
to Granite Construction Corp.
Staff recommended acceptance of the improvements.
(22.) BID #014-01/LR - Runway/Taxiway Marking Paint - Annual Pricing
(Aviation).
This bid establishes annual pricing for the purchase of runway/taxiway
marking paint for airport runway/taxiway striping. The bid
specifications include an option to renew annually for up to two
additional years upon mutual agreement of both parties.
The low bid is $11,149.40 per year from Ennis Paint, Inc. of Ennis,
Texas and is within the Systems Maintenance - Systems Other budget
amount.
(23.) Resolution No. 2001-R0087/BID #024-01/LR - PVC Pipe,
Concrete/Fiberglass Manholes and Fittings (Water Utilities).
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RESOLUTION NO. 2001-R0087
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
#024-01/1-R to furnish PVC pipe, concrete/fiberglass manholes & fittings, by and
between the City of Lubbock and ConTech Construction Products, Inc. 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
City Council.
Passed by the City Council this 6th day of March, 2001.
/s/ WINDY SITTON
WNDY SITTON, 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 M. Knight
John Knight, Assistant City Attorney
A copy of the Purchase Order is filed with Resolution No. 2001-R0087.
This bid is for the purchase of materials for sanitary sewer improvements
for Jones SBC Stadium as directed by Texas Tech University. These
materials are being secured at the request of Texas Tech University to
meet the requirements of the restroom facility upgrade at Jones SBC
Stadium. Texas Tech University will pay for the materials and
installation of the sanitary sewer line to serve the stadium. City
personnel will install the approximately 7,000 feet of 18-inch pipe.
The low bids are listed below and are within the Jones SBC Stadium
Sanitary Sewer System Improvements budget amount:
CONTECH Construction Products, Inc. of
$49,000.00
Irving, Texas
Vaughn Concrete Products Inc. of
$21,868.50
Amarillo, Texas
Western Industrial Supply of Lubbock,
$ 1,680.00
Texas
Waterworks Sales Company of Lubbock,
$ 422.40
Texas
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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.
10:40 A.M. CITY COUNCIL RECESSED
11:00 A.M. CITY COUNCIL RECONVENED
PUBLIC HEARINGS
(24.) Ordinance No. 2001-00017/Zone Case No. 2904 (located along 4`h
Street and Brownfield Highway from Interstate 27 to South Loop
289): Hold a public hearing to consider request of the City of
Lubbock for a zoning change from C-2 Specific Use, C-3, C-4, C-4
Specific Use, M-1 and M-2 to IHC and IHI zoning on portions of
land out of Block A, Section 79, Block 0, Section 1; Block A, Section
19; Block 0, Section 2; Block A, Section 20; Block E2, Section 2;
Block B, Section 15; Block B, Section 17; Block E2, Section 5; Block
E2, Section 6; Block AK, Section 36; Block AK, Section 37,
Lubbock, Texas, and all streets and alleys and railroad rights -of -way
enclosed by the boundary on the map that is made a part of this
ordinance and available for viewing at the Planning Department,
1625 131' Street, Room 107, Lubbock, Texas during business hours,
and to consider ordinance.
ORDINANCE NO.2001-00017
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2904; A ZONING CHANGE FROM C-2 SPECIFIC
USE, C-3, C-4, C-4 SPECIFIC USE, M-1 AND M-2 TO IHC AND IHI ZONING ON
PORTIONS OF LAND OUT OF BLOCK A, SECTION 79, BLOCK O, SECTION 1;
BLOCK A, SECTION 19; BLOCK 0, SECTION 2; BLOCK A, SECTION 20;
BLOCK E2, SECTION 2; BLOCK B, SECTION 15; BLOCK B, SECTION 17;
BLOCK E2, SECTION 5; BLOCK E2, SECTION 6; BLOCK AK, SECTION 36;
BLOCK AK, SECTION 37, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:00 a.m. (Randy Henson,
Senior Planner presented staff comments. Jan Fouts, local attorney
representing 6 property owners; Paul Goebel, Chair of Planning &
Zoning Commission; David Hester; Danny Espinoza, local architect;
Mary Vines; Benny Nixon and Gary Rothwell, local realtors appeared in
favor of zone case. Shirley Schleuse, Vice President/General Manager
of Lamar Outdoor Advertising appeared in opposition. Mayor Sitton
closed the public hearing at 12:15 p.m.
Since the 1995-96 budget year, an annual budget objective for the
Planning Department has been to create a proposal for initiation of a
zone case along the proposed East/West (now Marsha Sharp) Freeway
Corridor. With delays of the project due primarily to design issues and
relocation of the railroad, the objective has been carried to each
successive budget. This year, with a significant amount of progress on
the railroad project and right of way acquisition virtually complete in
several segments of the project, the timing is right to rezone commercial
and industrial property along the corridor. The proposal includes all
commercially or industrially zoned property adjacent to the proposed
freeway. No occupied residential zoned property is included in this
proposal.
Regular City Council Meeting
March 6, 2001
Page 169
Since 1975, the City Council has established goals related to the
development of the City within the Comprehensive Land Use Plan as
well as a series of community -wide goals statements. Most recently, in
the Council budget document "Goals 2000", one goal and related
strategy is directed to this zoning proposal:
GOAL 9: Ensure quality land use development and urban
design image along the E/W Freeway.
Strategy 9.1: Complete land use and zoning studies in the
Planning Department.
As noted, this most recent adoption of strategic goals for Lubbock is part
of an on -going planning process dating back at least to 1943 when a City
Plan was published in conjunction with adoption of zoning for the first
time. References in that Plan indicate that physical planning in Lubbock,
at least for the street system, was a priority much earlier than 1943. The
Community began a thirty + year series of "goals" processes in the late
1960's resulting in the "Lubbock Goals for the Seventies", with later
programs producing "Lubbock's Goals for the Eighties" and "Lubbock:
Goals 2005". The last community -wide effort was published in 1995,
from which the Council Goal 9 noted above is extracted (from both the
Land Use and Transportation sections),"Goals for Lubbock, A Vision
into the 2151 Century. "
Two important aspects of the proposed zone case:
• The use of the Interstate Commercial and Interstate Industrial
Districts are proposed. During the mid-80's, a committee of the
Planning Commission spent considerable time reviewing a study
created by the Planning Department and drafting the two new
districts expressly to address both permitted uses and design
standards for the new Interstate 27 Corridor. Since the Marsha
Sharp Freeway will be constructed to Interstate standards, use of
the existing districts is efficient by not having to "reinvent the
wheel" and will benefit redevelopment in the corridor by
including the architectural materials standards. These sentiments
have been expressed numerous times during hearings on
individual tracts along the corridor that required rezoning prior to
this comprehensive process.
• This proposal does not suggest rezoning any occupied property
not currently zoned commercial or industrial, similar to the
Interstate 27 Corridor process. For several adjacent areas that
are now zoned residential the proposal will eventually create a
"policy district" indicating to property owners and developers
that the area may be targeted for redevelopment to IHC, but not
until market conditions warrant a zone change. The policy
districts will contain guidelines benefiting anyone interested in
redevelopment. As an example, the north side of the project
between Avenue Q and University Avenue will be zoned
residential after the taking of right of way (the existing
commercial is within the take line, leaving residential zoning
against the new service road). Creation of a policy district in that
area after staff get input from the neighborhood will specify
under what conditions and exactly where rezoning cases will be
considered. In that manner, staff do not remove existing zoning
and create nonconforming uses, but staff benefit the process by
allowing future intent to be made a part of the public record.
Developers will be on notice for what will be expected regarding
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Regular City Council Meeting
March 6, 2001
Page 170
acquisition and development standards. Using the Slide Road
Redevelopment Plan as a model (the block east of Slide from 54"'
to 61" was zoned residential prior to 1984), a policy was
developed that required all the parcels in each block to be
assembled for a complete land package before a zone case was
considered. The result was, for the most part, good design;
proper buffering of the remaining residential to the east, and
control of some curb cut/access issues along Slide Road. The
proposed zone changes were market driven.
Many of the existing land use associations along the corridor made the
land use assessment and zoning proposal easy. Remaining residential
will continue, Texas Tech is not subject to zoning by the City of
Lubbock, and existing commercial/industrial from I-27 to the Southwest
Loop is proposed for Interstate Commercial with the exception of an area
including and west of Sam's, which is proposed as Interstate Industrial.
Three factors motivate the zoning proposal in response to Goal #9 for the
City Council:
1. Current zoning in the areas proposed for rezoning ranges from C-
3 to M-1. The rezoning will establish a common district for the
entire length of the corridor providing consistency for standards
and expectations.
2. For the areas zoned M-1, the uses and development standards of
M-1 are not conducive to activities that will create a positive
image along the freeway. The Interstate Commercial District is
built to allow essentially heavy commercial and at the same time
provide an element of design and landscaping to the project. The
Interstate Industrial District allows industrial uses similar to M-1
yet provides some design standards as well as requiring screening
of outside storage. Please keep in mind that any existing business
that does not meet the new standards will become nonconforming
and may remain "as is" for perpetuity. The nonconforming use
ceases only when the business is abandoned for one year, and the
new design standards would become effective only when new
construction or major reconstruction is proposed for the building.
3. A majority of the parcels along the Corridor are not zoned with a
district or with conditions that address design standards. The
limited amount of required design requirements and materials
review in the Interstate Districts represents the efforts of the
Lubbock community to ensure quality appearance of businesses
along expressway streets.
As the proponent, the City of Lubbock Planning staff supports the
unanimous recommendation of the Planning Commission for the
proposed zone change.
Note: At this point, the staff will wait and provide comments and a
reiteration of the recommendation during the normal staff position of the
hearings process.
Although all of the discussion at the Planning Commission public hearing
was related to billboards, the primary focus of the proposal is an overall
land use perspective for the new freeway corridor. The Planning staff
has attempted for this to be considered as a comprehensive zone case and
not just a billboard discussion. Billboards are one of the topics that have
created the discussion during preparation of the proposal including:
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Regular City Council Meeting
March 6, 2001
Page 171
1. Although several M-1 areas are being up -zoned which will
amount to a reduction in the permitted uses of the property,
zoning is not a vested use of land and is subject to change. Huge
areas of M-1 and M-2 were rezoned in the I-27 corridor with
little difficulty. Staff will continue to use the I-27 corridor as an
example for pace of "clean up" and improvements since the
freeway opened to provide credibility for this proposal. Much
progress has occurred. This comment may differ with a
perspective noted by the agent for Lamar, that the I-27 corridor
has not developed more rapidly due to the sign ordinance. The
lack of design requirements, outside stack lots, outside sales, and
many permitted uses in the M-1 district would not be an asset
along the Marsha Sharp Freeway.
2. Billboards. Much has been made about the financial burden this
decision may make on the billboard company. But, the freeway
project is going to have a significant economic impact on many
business owners along the route. Much of that impact will be
perceived as or actually negative because many businesses will be
displaced and will not be able to relocate along the corridor
because of the new zoning district or for other reasons. Those
businesses will have to find other locations suitably zoned, the
same situation faced by the billboards that are displaced. The
staff is not aware of the actual fiscal impact on Lamar. They are
a national business and the Lubbock office handles a regional
area. Lamar will not be put out of business by this action. The
staff does take a strong position that the long-term benefit to the
citizens of Lubbock and general public is the greater issue.
Billboards are a "permitted use" within the Lubbock Code as any
other land use, such as a grocery store or shoe shop. They do
not operate under the same process as signs on a property.
Billboards are not a permitted use in Interstate Commercial. At
the time of the Planning Commission hearing, the current total of
approximately twenty-six billboards will be reduced to
approximately a net number of nine (with the effects of TxDOT
acquisition and current permits allowing relocation). Lamar
continues to pursue permits in the corridor that will be honored
for the six months life of the permit, even after the effective date
of this rezoning if approved by the Council. Like all "permitted
uses", many of the best sites in town are occupied. But, contrary
to the 116 Texas cities that have banned billboards, the Lubbock
Code continues to provide for them. And, like many businesses
dislocated by highway projects, they may not be able to relocate
where they feel would be the most desirable for business.
An issue that has been raised by Lamar Outdoor outside the
public meeting is the potential cost to the City for acquisition of
billboards, particularly those that will not be eligible for
relocation on the same or adjacent area with this zoning in place.
Acquisition and compensation of real and personal property along
the proposed right of way is a matter between the Texas
Department of Transportation and the property owners. The City
is not directly involved in the transaction and the Planning
Department has tried hard for any compensation issue to not
cloud the land use discussion. The City of Lubbock is in contract
with TxDOT to pay 10 % of the acquisition and construction costs
for the freeway. While it is true that payments for all property,
including billboards, will have an impact on the ultimate 10 %
price tag, the City Council has been made aware of various issues
from the beginning.
A recent change of State policy (which was referenced in a
January 26, 2001 TxDOT memo) indicates that the cost sharing
formula will change in all future (repeat - future) contracts to
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Regular City Council Meeting
March 6, 2001
Page 172
100 % for sign related costs caused by local restrictions or
regulations. Confirmation by Claude Kneisley with the Lubbock
District indicates the new policy will not affect the contract staff
have with TxDOT for the new freeway. The City portion of
costs for any acquisition or relocation will remain 10 % .
RECAP OF BILLBOARD AND SIGN RELATED ISSUES:
• Acquisition is between TxDOT and the sign owners. The City is
in contract to pay 10 % of costs but is not involved in the
acquisition process.
• Lamar was notified as far back as three years ago in a meeting
with Martin Outdoor (the previous company name) and TxDOT
that this zone case was an eventuality and that relocation of signs
in the take line was a critical issue if they intended to maintain a
presence.
The Planning staff has continued the reminder at regular intervals
since.
Bill Boon informed Lamar in person some three weeks prior to
the normal notification of the public for this zone case.
• Acquisition and relocation affect several hundred business
owners. Many will not be a permitted use in the new district, the
same as billboards.
• Information accumulated in preparation for this hearing indicates
an estimate for total signs in the corridor as 28, with 8 remaining
after acquisition, plus two relocation permits and one new permit
having been issued. The remaining number at present will be 11.
In addition, Lamar is in the process of permitting three boards
and staff anticipate several more.
• Compared to the current number of 28, 11 will be remaining or
permitted. Three permits are pending and staff expect several
more before the anticipated effective date of the zoning (which
would be a cut off date). The new potential number is a net of 13
(one must be removed to accommodate one of the new permits)
with the possibility of several more.
• Lamar has indicated that a request for a delay to prepare their
case will be made. Staff strongly opposes a delay.
The Legal Department has found no examples of cases where a
city was subjected to excessive billboard compensation during
court cases with circumstances as proposed by this zone case. A
number of awards exist for circumstances that are not similar.
• The Lubbock sign code for signs other than billboards is based on
a line of sight math formula related to angles of vision, sign size
and height. For properties with a hardship or peculiarity, the
process for requesting a variance is available from the Zoning
Board of Adjustment. In that process, the adjacent affected
property owners are notified.
3. While probably not as an "issue" the Interstate Commercial will,
in quite a few locations, provide a "heavier" level of zoning than
exists currently. Staff are of the belief that the increased number
of permitted uses is justifiable because of the proximity to an
expressway and in particular, the value of the increase in
development standards for new development.
172
Regular City Council Meeting
March 6, 2001
Page 173
The Planning Commission unanimously recommended the zone case as
proposed.
Motion was made by Councilmember Cooke, seconded by
Councilmember Morrison and Councilmember McDougal to uphold
Planning and Zoning's recommendation. Motion carried 6 Yeas, 1 Nay.
Councilmember Hernandez voted nay.
(25.) Consider one appointment to the Appointments Advisory Board.
Motion was made by Councilmember Nelson, seconded by
Councilmember Patterson to appoint Mike Phelps to the Appointments
Advisory Board. Motion carried: 7 Yeas, 0 Nays.
(26.) Consider six appointments to the Keep Lubbock Beautiful Advisory
Committee.
Motion was made by Councilmember Nelson, seconded by
Councilmember Patterson to appoint Beth Bridges and to reappoint
Alicia Knight, Karen Malouf, Penny Mason, Janie Ramirez and Janet
Schmidly to the Keep Lubbock Beautiful Advisory Committee. Motion
carried: 7 Yeas, 0 Nays.
(27.) Consider one appointment to the Libraries Board.
Motion was made by Councilmember Nelson, seconded by
Councilmember Patterson to appoint Abner Euresti to the Libraries
Board. Motion carried: 7 Yeas, 0 Nays.
(28.) Consider one appointment to the Neighborhood Redevelopment
Commission.
Motion was made by Councilmember Nelson, seconded by
Councilmember Patterson to reappoint Maxine McCormick to the
Neighborhood Redevelopment Commission. Motion carried: 7 Yeas, 0
Nays.
12:15 P.M. COUNCIL RECESSED TO EXECUTIVE SESSION
1:15 P.M. COUNCIL RECONVENED
1:15 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Pro Tern
Cooke adjourned the meeting.
ATTEST:
Rebe' Garza, City Secretary
6k�qj- � :2�� -
WINDY SIT O , MAYOR
173
Regular City Council Meeting
March 6, 2001
Page 174
Read and approved this ' At
3' day of , 2001.
NDY S Ift'f ON, A OR
ATTEST:
Rebecca Garza, City Secretary
174