Loading...
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 155 Regular City Council Meeting March 6, 2001 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 156 Regular City Council Meeting March 6, 2001 Page 157 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). 157 Regular City Council Meeting March 6, 2001 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. 158 Regular City Council Meeting March 6, 2001 Page 159 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: 159 Regular City Council Meeting March 6, 2001 Page 160 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: well] Regular City Council Meeting March 6, 2001 Page 161 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. 161 Regular City Council Meeting March 6, 2001 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. 162 Regular City Council Meeting March 6, 2001 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. 163 Regular City Council Meeting March 6, 2001 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. 164 Regular City Council Meeting March 6, 2001 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. 165 Regular City Council Meeting March 6, 2001 Page 166 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). 166 Regular City Council Meeting March 6, 2001 Page 167 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 167 Regular City Council Meeting March 6, 2001 Page 168 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 169 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: 170 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 171 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