HomeMy WebLinkAboutMinutes - City Council - Regular - 3/22/2001CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
March 22, 2001
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the
22nd 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 Windy Sitton, Mayor Pro Tern Alex "Ty" Cooke,
Councilmember Marc McDougal, Councilmember Frank Morrison,
Councilmember T.J. Patterson
Councilmembers Hernandez and Nelson were absent.
CITIZEN COMMENTS
(1 •) Stephanie Compton (business address 7333 Brownfield Highway, home
address 8214 Belmont), appeared to request consideration of allowing
strip paving in a new subdivision her family is planning to develop in
the area around 88' and Valencia. This is west of Upland Avenue and
south of 82" Street. The subdivision is proposed for small businesses
and would be an extension of an area developed with businesses
adjacent to strip paving. The existing development is in the newly
annexed area, and was developed some years ago. The estimated cost
of strip paving is $66,000, as opposed to the estimate of $95,000 for
full width paving with curb and gutter.
The staff did not support the construction of strip paving in new
subdivisions. The City's Paving Policy states:
"Strip paving is not considered standard, permanent paving, but only a
temporary paving measure until full width paving with curb and gutter
can be constructed."
The Subdivision Regulations require that paving improvements be
provided at the time of platting. Paving improvements are part of the
development costs of new subdivisions. Should strip paving be
allowed, and later on it is decided by the adjacent owners to pave the
streets full width, it would likely be through an assessment paving
program. By State Law, the City would pay a minimum of 10 % of the
paving costs in the assessment of street paving.
There are several reasons why full width paving with curb and gutter is
preferable to a narrower strip paved section, but drainage is the most
critical issue. With the flat grades staff have, ditches crossing
driveways and street intersections are a constant problem on strip paved
and dirt roads. The ditches often stand in water, along with standing
water problems on drives and intersections. The standing water on
asphalt street intersections will lead to more rapid deterioration of the
paving.
Grading ditches in a developed area becomes more and more difficult as
the subdivision matures with the construction of more drives,
landscaped parkways, sprinkler systems, mailboxes, etc.
Regular City Council Meeting
March 22, 2001
Page 176
The staff did not support the request to strip pave streets within a new
subdivision. City Manager Bob Cass spoke on behalf of the staff.
SPECIAL NOTE: If Council determines strip paving can be allowed in
this subdivision, an amendment to Chapter 25 of the Code, the
Subdivision Regulations will be required. Currently the regulations do
not have the mechanism for approval of strip paved streets within a new
subdivision. Should Council desire to have this mechanism, an
ordinance will be required to be brought back to the Council at a later
City Council meeting to amend the Code.
Joe Lopez appeared to address the Council with concerns regarding
Item 43. The Council requested that he return later for the hearing of
this item.
EXECUTIVE SESSION
Mayor Sitton stated the Council would hold an executive session in
accordance with the V.T.C.A. Government Code, Section 551 to
discuss personnel matters (City Manager); to deliberate, vote and take
final action on electric rates of Lubbock Power and Light (Electric
Utilities); pending or contemplated litigation (Police); personnel matters
regarding duties, responsibilities, and/or appointments (Boards and
Commissions).
7:50 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All councilmembers were present except for Councilmember
Hernandez.
(2.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters (City
Manager) .
(3,) 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).
(4.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A) to discuss pending or contemplated
litigation (Police).
(5.) 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:
Building Board of Appeals
Community Development & Services Board
Community Relations Commission
Electric Utility Board
Keep Lubbock Beautiful Advisory Committee
Park and Recreation Board
Public Transit Advisory Board
Urban Design & Historical Preservation Commission
Youth Commission
9:45 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
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Regular City Council Meeting
March 22, 2001
Page 177
All councilmembers were present except for Councilmember
Hernandez
(6.) Presentation of Cultural Arts Commission strategic plan by David
Langston, Chairman
The Lubbock City Council revised the scope and the mission of the
Cultural Arts Commission in June 1997. Under the guidance of David
Langston, the Commission developed a strategic plan and presented
their recommendations for the preservation and promotion of the arts to
the Lubbock City Council in August of 1997.
Since that time, the goals and objectives of the Cultural Arts
Commission have been accomplished, and over the last six months,
members of the Commission have updated the strategic plan. David
Langston, Chairman of the Cultural Arts Commission, presented an
overview of goals that have been completed, and he updated City
Council on the Strategic Plan.
This item was presented for informational purposes only. No action
was required.
( 7.) Update on City of Lubbock legislative efforts by Tony Privett,
Director of Communications/Legislation
In accordance with the Legislative Package/Omnibus adopted by the
City Council, staff has been working diligently to pursue the City of
Lubbock's legislative goals in Austin.
Issues that have arisen during the course of the session thus far were
discussed as well as a progress report on legislation initiated through the
Lubbock delegation and the Texas Municipal League.
Consensus was given by City council to move the package forward.
Staff recommended continued attention to these legislative efforts.
10:30 A. M. WORK SESSION RECESSED
10:44 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke,
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: Councilmember Hernandez
Mayor Sitton called the meeting to order at 10:44 A. M.
( g•) Pastor Rusty Sieck, Crossroads Community Church gave the
invocation.
(9•) Pledge of Allegiance was given in unison by those in the City
Council Chambers.
BOARD APPOINTMENTS RECOGNITION
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Appointments Advisory Board
Receiving: Mike Phelps (unable to attend)
Keep Lubbock Beautiful Advisory Committee
Receiving: Beth Bridges (unable to attend)
Libraries Board
Receiving: Abner Euresti (unable to attend)
CITIZEN APPEARANCES
(10.) Bobby Drum, President of the West Texas Chapter of United States
Specialty Sports Association (USSSA), presented the Mayor with an
award recognizing the Berl Huffman Softball complex as the
Complex of the Year for 2000.
During 2000, the City of Lubbock's Berl Huffman Complex hosted
fifteen softball tournaments, including two world tournaments and three
state tournaments. Over 9,000 youth and adults participated at these
events. With 68 percent of the teams coming from out of town, the
Lubbock Sports Authority has estimated the direct visitor spending
associated with these tournaments at $3.1 million.
On February 24, 2001, the West Texas USSSA State Meeting was held.
At this meeting, the City of Lubbock's Berl Huffman Softball Complex
was named Complex of the Year for 2000. The Berl Huffman Softball
Complex was chosen due to the West Texas hospitality, abundant
parking, stadium seating and the new infield conditioner that was
applied last summer.
Bobby Drum, President of the West Texas Chapter of United States
Specialty Sports Association (USSSA), presented the Mayor with an
award recognizing the Berl Huffman Softball complex as the Complex
of the Year for 2000. The maintenance crews for the complex were
recognized.
Mayor Sitton requested Assistant City Manager Quincy White to
assist in the presentation of items 11 - 14.
(11.) Presentation of a special recognition to the Dunbar Junior High
Boys Basketball Team in appreciation of their 2000-2001 Zone 1
championship win and undefeated record.
To honor the dedication and perseverance of our community youth, staff
honored the Junior High basketball teams today who have won city or
district championships. The schools were presented with their teams for
a photo opportunity and staff showed support for their efforts.
Presentation of a special recognition to Coach Calvin Walker and the
Dunbar Junior High Boys Basketball Team for their Zone 1 City
championship win.
(12.) Presentation of a special recognition to the Hutchinson Junior High
Girls Basketball Team in appreciation of their 2000-2001 Zone 1
championship win.
To honor the dedication and perseverance of our community youth, staff
honored the Junior High basketball teams today who have won city or
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March 22, 2001
Page 179
district championships. The schools were presented with their teams for
a photo opportunity and staff showed support for their efforts.
Presentation of a special recognition to Coach Lori Perez and the
Hutchinson Junior High Girls Basketball Team for their Zone 1 City
championship win.
This item followed Item #13.
(13.) Presentation of a special recognition to the Alderson Junior High
Boys Basketball Team in appreciation of their 2000-2001 Zone 2
championship win and undefeated record.
To honor the dedication and perseverance of our community youth, staff
honored the Junior High basketball teams today who have won city or
district championships. The schools were presented with their teams for
a photo opportunity and staff showed support for their efforts.
Presentation of a special recognition to Coach Wes Brown and the
Alderson Junior High Boys Basketball Team for their Zone 2 City
championship win.
(14.) Presentation of a special recognition to the Alderson Junior High
Girls Basketball Team in appreciation of their 2000-2001 Zone 2
championship win.
To honor the dedication and perseverance of our community youth, staff
honored the Junior High basketball teams today who have won city or
district championships. The schools were presented with their teams for
a photo opportunity and staff showed support for their efforts.
Presentation of a special recognition to Coach Julia Branch and the
Alderson Junior High Girls Basketball Team for their Zone 2 City
championship win.
This item followed Item #12.
(15.) Presentation of a special recognition to Floyd Price with the
Communities in Schools of the South Plains, Inc. program, in honor
of the success of the program, and presentation of certificates of
appreciation to the students from Estacado High School and
Alderson Junior High who have gone from near dropout status to
making the honor roll during the first semester of school in this
program.
The Communities in Schools (CIS) program of the South Plains has a
mission to help young people stay in school and to successfully learn
and prepare for life. This program has proven to be very successful in
Lubbock and staff recognized several students who have been in at -risk
situations and had failing grades, only to bring those grades up to honor
roll status during their time in this program. CIS believes that
accountability and the coordination of services are essential to meeting
the needs of youth in at -risk situations. The CIS model is also built on
the premise that the dropout problem is not just a school problem but is,
in reality, a community problem.
Presentation of a special recognition to Floyd Price, with the
Communities in Schools of the South Plains, Inc. program, and
certificates of appreciation to the students in this program who have
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Page 180
made the honor roll. Also recognized were Renee Johns, Mr. Price's
assistant at Estacado High School and Jennifer Freeman, the assistant at
Alderson Jr. High School.
The next item considered was Item No. 45.
TOP TEN LIST
Councilmember David Nelson presented his Top Ten List of Positive
Things about Lubbock.
No. 10 is LSA (soccer). The Lubbock Soccer Association, which
began in 1973, is based out of the city's Berl Huffman Complex on
North Loop 289. 2,800 players, ranging in age from 5 to 50+, play
year-round on 45 soccer fields, two of which were lighted for night play
with hard-earned funds from LSA. With a motto of "Everybody
Plays", this great organization regularly hosts tournaments with teams
from Dallas to Albuquerque and provides a positive image for the city's
economic development efforts. On April 7, LSA will host "Positive
Saturday" which promotes the positive side of youth sports by
encouraging families to cheer positively for their players, coaches,
opponents and referees. Get your "kicks" on April 7 by attending a
soccer game and positively supporting the Lubbock Soccer Association.
No. 9 is URL. No, this is not the infamous "Earl" from the Dixie
Chicks' hit CD. This stands for Universal Resource Locator, which is
your computer web address. The city of Lubbock's web site is
constantly being updated to be service -friendly to Lubbock's residents.
You can buy tickets to entertainment events, pay your parking tickets
and will eventually be able to pay your utility bills and get permits
through the city's web site. The Spread Spectrum Wireless
Communication feature of the city's computer system allows lightning -
fast access to the internet at our libraries, and our staff is working
tirelessly with Dr. John Chandler of Texas Tech University to narrow
the digital divide to the economically disadvantaged. With stage one of
our communications infrastructure completed between Municipal Square
and our fire department using high speed fiber connections and the
anticipated access to the Reese Center's CRAY II Super computer,
Lubbock is fast becoming known as a "city of knowledge" for the new
millennium.
No. 8 is Bold, and No. 7 is Brash. Whoever thought in 1923 that a
flagship university of over 25,000 students would be located in this west
Texas outpost? Did our forefathers realize that with the utilization of
irrigation this area would one day become the largest cotton -producing
region in the United States? Perhaps this same "bold and brash"
dream -thinking is what has enabled Market Lubbock, Inc. and our
Chambers of Commerce to encourage the creation of over 4,000 new
jobs in Lubbock last year alone. Don't expect your city leaders to shy
away from a challenge that will benefit this great city. The sky is the
only limit for the positive things Lubbock can be.
No. 6 is Odyssey of the Mind. Three teams from Preston -Smith
Elementary, and at least one from Honey Elementary schools have won
their way to the state competition of Odyssey of the Mind in Dallas in
two weeks. These bright students and creative teachers and coaches
have a tradition of excelling nation-wide in these competitions and
representing Lubbock in a positive light. Good luck Preston -Smith and
Honey Elementary Schools.
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No. 5 is Community - Community Development Week and Community
Relations Commission. Our Council -appointed "CRC" Commission
has recently been holding public meetings aimed at trying to improve
relations among and between the members of our community, the
media, the law enforcement authorities and the government. The
commission is doing a good job of eliminating misunderstandings and
uninformed notions regarding race and ethnicity. Our city is also
sponsoring Community Development Week beginning April 2. Various
events will be held informing our community about available programs
that improve both the infrastructure and the relations within our
community.
No. 4 is K-12 Education. Lubbock ISD, Frenship ISD, and Cooper
ISD provide an excellent public school education for Lubbock's
children. Our public schools provide an educational foundation
recognized as one of the best available in the state and nation. Our
"hats are off" to those public school education districts, and we
encourage them to continue to excel at every turn.
No. 3 is Yellowhouse Canyon Windmills. The American Wind Power
Center just received a Houston Endowment award of $500,000 to be
applied towards the Museum Master Plan. Coy Harris, Executive
Director, tells us that the Wind Power Center is well on its way towards
completing its new interpretative Center, and is going forward with the
$4.5 million Master Plan on this "only -one -of -its -kind" windmill
museum in the world.
No. 2 is Ergonomically Friendly. Ergonomics is the relationship
between human beings and the mechanisms around them. It studies
how we interact with the man-made environment around us.
Convenience and finger-tip access are important tools to being
ergonomically friendly. Lubbock is ergonomically friendly - we can
reach over our shoulder, flip a light switch, and electricity is there! We
have a well laid -out city with regard to platting and zoning. We have a
convenient city - we have supermarkets within 2 miles of every major
housing development and churches within a mile of each. Lubbock is
easy, efficient and ergonomically friendly in which to get around.
No. 1 is Sweet Sixteen - TTU Women's Basketball team (25-6), NCAA
Regional Tournament in Birmingham, Alabama this weekend. We wish
them good luck. But also remember another "Sweet Sixteen" team in
Lubbock - the LCU Men's Basketball team (24-10), coached by Jon
Copeland, advanced to the elite eight in the NAIA tournament last week
in Tulsa, OK. Congratulations one and all in making Lubbock a
basketball epicenter and creating the notoriety that goes with it.
CONSENT AGENDA (Items No. 16-35)
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to approve Items 16-35 on consent agenda as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(16.) Approval of the minutes of the Regular City Council Meeting of
March 6, 2001.
(17.) ORDINANCE #2000-00068—Amending Section 28-26 of the City of
Lubbock Code of Ordinances to eliminate the requirement of
collecting deposits (second and final reading).
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ORDINANCE NO. 2001-00068
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2918; A ZONING CHANGE FROM T TO R-1
SPECIFIC USE (RESIDENTIAL ESTATES) AND GO ZONING ON AN
UNPLATTED 40-ACRE TRACT OUT OF THE SOUTHWEST QUARTER OF
SECTION 22, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY;
SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
(18.) ORDINANCE #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
(second and final 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.
(19.) Ordinance No. 2001-00018 authorizing the City Council of the City
of Lubbock to amend Chapter 4 of the Code of Ordinances of the
City of Lubbock, Texas, with regard to tying dogs and other
animals; providing for criminal penalties, providing a savings
clause, and providing for publication (first reading).
ORDINANCE NO. 2001-00018
AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
TYING DOGS AND OTHER ANIMALS; PROVIDING FOR CRIMINAL
PENALTIES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
The death of two of Lubbock's citizens last year, a child just beginning
to live and a senior citizen with all the knowledge of life to give, has
prompted Animals Services and the Health Department to propose
amendments to the Animal Control Ordinance. The City of Lubbock
experienced two Dog Bite Related Fatalities (DBRF) in CY 2000. The
dogs involved in both of these deaths were routinely chained animals.
An elderly lady (age 82) attacked on June 7, 2000 died on July 21, 2000
from complications caused from the severe mauling inflected by three
pit bulls running loose. Tethered animals that get loose from their
chains are still aggressive and are likely to chase and attack
unsuspecting victims. Unfortunately, national statistics indicate that
most victims are children. On July 2, 2000, a 4-year-old male child
wandered into the presence of two chained Huskies and died instantly
from a broken neck when attacked by both of the dogs. Texas has
reported five fatalities during the past two years. Of the five fatalities
reported, four were the result of dogs being chained.
The chaining or tethering of dogs refers to the practice of fastening the
animal to a stationary object or stake, usually in his or her owner's
backyard, as a means of keeping the animal under control. It does not
refer to the periods when an animal is walked on a leash. Chaining
contributes to aggressive behavior in dogs, inadequate socialization with
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inhumane. Both The Humane Society of the United States and the
United States Department of Agriculture (USDA) have issued statements
against chaining or tethering.
Nonfatal dog bites continue to be a public health problem in Lubbock
and in the United States. Dog bite related fatalities represent the most
severe manifestation of the problem. The City of Lubbock averages over
350 bites reported each year. The actual number is probably much
higher with many of the bites never being reported by the general public.
Animal Services assigned one field officer as an Education Officer in
1996 to combat the increasing number of bite reports being addressed.
The average number of bites has decreased to about one bite per day
being reported. In addition, the Health Educators at the Health
Department have been trained to provide bite prevention programs that
will enhance current effort by Animal Services.
Section 1 of the proposed addition states that it shall be unlawful for any
person to tie or tether a dog or other animal to a stationary object for a
period of time or in a location so as to create an unhealthy situation for
the animal or a potentially dangerous situation for a pedestrian as
determined by the Animal Control Officer. Section 2 will provide for
misdemeanor criminal penalties. Section 3 provides a savings clause to
protect the remainder of the ordinance in the event any part of the
addition is declared unconstitutional or invalid for any reason. Section 4
of the proposed ordinance provides for publication.
Staff recommended approval of this ordinance.
(20.) Ordinance No. 2001-00019 abandoning and closing three sanitary
sewer line easements located in Section 5, Block E-2, Lubbock
County, Texas (5225 20" Street) (first reading).
ORDINANCE NO. 2001-00019
AN ORDINANCE ABANDONING AND CLOSING THREE SANITARY SEWER
LINE EASEMENTS LOCATED IN SECTION FIVE (5), BLOCK E-2, 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.
These three five-foot sanitary sewer line easements are located in the
soon to be platted Lewis Estates, south of 19" Street and west of Slide
Road. These easements were dedicated in 1954 and new easements in
the Lewis Estates Addition will replace these being closed.
The Right -of -Way Department recommended the approval of the first
reading of this ordinance.
(20.) Resolution No. 2001-R0089 approving and authorizing publication of
"Notice of Intention to Issue" and "Notice of Sale" of City of Lubbock Tax &
Municipal Drainage Utility System Surplus Revenue Certificates of Obligation,
Series 2001 in an amount not to exceed $35,000,000.
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RESOLUTION NO. 2001-R0089
A RESOLUTION approving and authorizing publication of (i) notice of
intention to issue certificates of obligation and (ii) notice of sale with respect to such
certificates of obligation.
WHEREAS, the City Council of the City of Lubbock, Texas, has determined that
certificates of obligation should be issued in accordance with the provisions of
V.T.C.A., Local Government Code, Subchapter C of Chapter 271, for the purpose of
paying contractual obligations to be incurred for (i) drainage improvements, including
the acquisition, construction and repair of structures, equipment and facilities for the
City's Municipal Drainage Utility System, and (ii) professional services rendered in
connection with such project and the financing thereof; and
WHEREAS, prior to the issuance of said certificates of obligation, this Council is
required to give notice of its intention to issue the same in the manner and time
provided by law and deems it appropriate to publish a notice of sale with respect to
such certificates of obligation; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
SECTION 1: The City Secretary is hereby authorized and directed to cause notice to
be published of this Council's intention to issue certificates of obligation in the principal
amount not to exceed $35,000,000 for the purpose of paying contractual obligations to
be incurred for (i) drainage improvements, including the acquisition, construction and
repair of structures, equipment and facilities for the City's Municipal Drainage Utility
System, and (ii) professional services rendered in connection with such project and the
financing thereof, such certificates to be payable from ad valorem taxes and a lien on
and pledge of net revenues of the City's Municipal Drainage Utility System. The
notice hereby approved and authorized to be given shall read substantially in the form
and content of Exhibit A hereto attached and incorporated herein by reference as a part
of this resolution for all purposes, and such notice shall be published in a newspaper of
general circulation in the City, once a week for two consecutive weeks, the date of the
first publication to be at least fifteen (15) days prior to the Idate stated therein for the
passage of the ordinance authorizing the issuance of the certificates of obligation.
SECTION 2: The City Secretary is hereby authorized and directed to cause a notice of
sale relating to the sale of certificates of obligation to be published once a week for a
period of thirty (30) days; such notice of sale to read substantially in the form and
content of Exhibit B hereto attached and incorporated herein by reference as a part of
this resolution for all purposes.
PASSED AND APPROVED, this March 22, 2001.
CITY OF LUBBOCK, TEXAS
/s/ WINDY SITTON
MAYOR
WINDY SITTON
ATTEST:
/s/ Rebecca Garza
City Secretary, Rebecca Garza
(City Seal)
A copy of Exhibits "A" and "B" are filed with Resolution No. 2001-R0089.
The proceeds from the sale of this bond issuance will be used for
drainage improvements, including the acquisition, construction and
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repair of structures, equipment and facilities for the City's Municipal
Drainage Utility System. The proceeds will also be used for professional
services rendered in connection with this project and the financing
thereof. These bonds will primarily fund the South Central portion of
the Stormwater Drainage System that will be used to alleviate the
flooding conditions that have occurred in the south central portions of the
City in the recent past.
As this action is the first necessary step to proceed with a bond issuance,
staff recommended passage of this resolution. Pricing date is set for
May 22, 2001.
(22.) Resolution No. 2001-R0090 authorizing and directing the Mayor to
execute a grant application for an allocation for the Aviation
Heritage Foundation —Silent Wings Museum, and any related
documents, to be submitted to the Economic Development
Initiative —Special Projects section of the Department of Housing and
Urban Development.
RESOLUTION NO. 2001-R0090
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Economic
Development Initiative -Special Projects application, by and between the City of
Lubbock and the Housing and Urban Development Department for the Silent Wings
Museum, and all related documents. Said application is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 22nd day of March, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney , Community Development Manager
APPROVED AS TO FORM:
/S/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the Application is filed with Resolution No. 2001-R0090.
The Department of Housing and Urban Development (HUD) has given
preliminary approval for a $323,750 allocation to the Aviation Heritage
Foundation —Silent Wings Museum. The City of Lubbock's Community
Development Department will serve as the grantee for the purposes of
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this grant. The Aviation Heritage Foundation —Silent Wings Museum
will serve as the sub -grantee.
Congress allocated these funds for the Silent Wings Museum. This
application is a follow-up to this allocation in order to draw down the
funds. The funds will be used for construction aspects of the museum.
Community Development recommended the approval of this resolution.
(23.) Resolution No. 2001-R0091 authorizing and directing the Mayor to
execute for and on behalf of the City of Lubbock a Community
Development Funding Contract and all related documents between
the City of Lubbock and the South Plains Regional Workforce
Development Board for Childcare from the Community Development
Block Grant for Public Service.
RESOLUTION NO. 2001-R0091
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, a Community Development Funding
Contract, by and between the City of Lubbock and South Plains Regional Workforce
Development Board for Childcare from the Community Development Block Grant for
Public Service and all related documents. Said contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 22nd day of March, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APROVED AS TO CONTENT:
/s/ Nancy Haney
Nancy Haney, Community Development Manager
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy Sims, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2001-R0091.
Grantee: South Plains Regional Workforce Development Board.
Pro ram: Childcare
Funding Source: 2000-2001 Community Development Block Grant
Regular City Council Meeting
March 22, 2001
Page 187
Use of Funds: This project will provide childcare fee assistance to 13
low to moderate income families who are working toward self-
sufficiency.
Amount: $42,000
Match: 25 %
Return of Investment: Not required for Community Development Public
Service.
Terms: October 1, 2000 through September 30, 2001
Comments: Funding for this contract was approved by City Council at
the June 20, 2000 City Council meeting. The contract is available for
review in the City Secretary's Office.
Community Development recommended the approval of this resolution
authorizing the Mayor to execute this contract.
(24.) Resolution No. 2001-R0092 authorizing the Mayor to execute a lease
agreement with Benton Oil Company for a tract of land adjacent to
Lot 26, Block 3, Riceland Addition to the City of Lubbock (3109
Clovis Highway).
RESOLUTION NO. 2001-R0092
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Lease between the City
of Lubbock and Benton Oil Company, attached herewith, which shall be spread upon
the minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 22nd 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/ Don Vandiver
Don Vandiver, V Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2001-R0092
187
Regular City Council Meeting
March 22, 2001
Page 188
Tod Forbess of Benton Oil Company is operating a Phillips 66 Car Wash
at the southwest corner of Clovis Highway and North Flint Avenue. On
the west side of the car wash is a tract of land owned by the City. This
181.5-foot by 130.8-foot tract of land was acquired by the City in 1941
for a water well site. Mr. Forbess desires to lease a 3,905-square foot
triangular portion of this City property to increase the drive and parking
area on the west side of their property.
This triangular shaped piece of property will be leased to Benton Oil
Company for $250 per year. This lease will be for five years, with two
additional five-year options.
The Right -of -Way Department recommended the approval of this
resolution.
(25.) Resolution No. 2001-R0093 authorizing the Mayor to execute a
Quitclaim Deed in favor of Mr. W. Fireworks, Inc. for four tracts of
excess 82°d Street right-of-way (1311 82°d Street).
RESOLUTION NO. 2001-R0093
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 a Quitclaim Deed with associated documents for and on behalf of
the City of Lubbock with Mr. W. Fireworks, Inc., a Texas Corporation. Said
agreements are attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council this 22nd day of 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 L. Chamales, Supervising Attorney
A copy of the Deed is filed with Resolution No. 2001-R0093.
82nd Street from I-27 westward to Avenue U was completed a couple of
years ago. Originally, 15 feet was to be taken off the south side. Later,
TxDOT decided, due to a gas line in the south right-of-way of 82"
Street, to move the road entirely northward and cancelled the need for
this 15 feet. Before TxDOT made this decision, this 15 feet was
surveyed and appraised and the Right -of -Way Department acquired this
additional 15 feet of 82"d Street right-of-way from a couple of owners.
Im
Regular City Council Meeting
March 22, 2001
Page 189
One of the owners, Mr. W. Fireworks, owns four lots from which staff
bought this 15 feet of right-of-way and they desire to buy it back. This
four lot taking was appraised at $5,400 and that is the price for the City
to sell it back to them.
The Right -of -Way Department recommended the approval of this
resolution.
(26.) Resolution No. 2001-R0094 authorizing the Mayor to execute an
agreement with ONEOK WesTex Transmission, Inc. for gas facilities
relocation in conjunction with the Marsha Sharp Freeway Railroad
Relocation project (191' Street and FM 179).
RESOLUTION NO. 2001-R0094
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an agreement for gas
facilities relocation in conjunction with the Marsha Sharp Freeway railroad relocation
project, by and between the City of Lubbock and ONEOK WestTex Transmission, Inc.
and related documents. Said agreement is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council this 22nd 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
A copy of the Agreement is filed with Resolution No. 2001-R0094.
There are three underground gas pipelines and a rectifier that need to be
relocated by ONEOK for the railroad relocation project. The first
pipeline and rectifier is located south of 19`' Street, just west of FM 179.
The other two pipelines are north of 4`'', just west of FM 179. The cost
estimate by ONEOK to complete this job is $196,100. The maximum
proposed in this agreement by ONEOK to complete this work is
$294,150. That is a fairly large spread due to some unknown variables
between the two, according to Parkhill, Smith and Cooper, the
engineering firm that is handling the utility relocation for this project.
However, the Right -of -Way Department visited with Jeff Pylant of
Regular City Council Meeting
March 22, 2001
Page 190
ONEOK and he feels that the final cost should be close to their estimate
of $196,100.
The Right -of -Way Department recommended the approval of this
resolution.
(27.) Resolution No. 2001-R0095 authorizing acceptance of water and
sanitary Improvements for Tract A, Mears Motors Addition to the
City of Lubbock, Lubbock County, Texas.
RESOLUTION NO. 2001-R0095
A RESOLUTION ACCEPTING WATER AND SANITARY SEWER SYSTEM
IMPROVEMENTS FOR TRACT A, MEARS MOTORS ADDITION TO THE CITY
OF LUBBOCK, LUBBOCK COUNTY, TEXAS.
WHEREAS, the developer of Tract A, Mears Motors Addition to the City of
Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV,
Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water
and sanitary sewer improvements for said Addition; and
WHEREAS, the total utility cost to the developer is $ 54,500.64 with the
improvements constructed by Utility Contractors of America having a value of
$ 52,412.20 as determined by the unit prices established by said Chapter 28, and
$2,088.44 cash paid to the City, which amount includes $ 0.00 cash for adjacent lines,
with James Mears the owner and developer, to receive a refund of $ 43,042.59 in
accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a
refund of deposit in the amount of $ 0.00 and
WHEREAS, the construction of the said water and sanitary sewer improvements
was performed under the supervision of the Water Utilities Engineer and completed in
accordance with the City of Lubbock's plans and specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements be and the same are hereby accepted as
an integral part of the water and sewer system of the City of Lubbock.
SECTION 2. THAT the refundable cost in the amount of $ 43,042.59 be made
in accordance with said Chapter 28.
SECTION 3. THAT a refund of deposit be made in the amount of $ 0.00.
SECTION 4. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 22nd day of March, 2001.
/s/. WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, . City Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Chester Carthel, Chief Engineer, Water Utilities
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales, Supervising Attorney/Office Practice
190
Regular City Council Meeting
March 22, 2001
Page 191
This is a routine acceptance of water and sanitary improvements
constructed in accordance with the subdivision regulations. The total
cost of the improvements is $54,500.64 and has a value of $52,412.20 as
determined by the unit prices established by Chapter 28 of the Code of
Ordinances of the City of Lubbock. Cash paid to the City of Lubbock is
$2,088.44 that includes $0.00 for adjacent mains. The developer, James
Mears, will receive a refund of $43,042.59 in accordance with Chapter
28. There is no refund of deposit.
The subdivision is located at Spur 327 and Homestead Avenue.
Staff recommended acceptance of the improvements.
(28.) Resolution No. 2001-R0096 authorizing the Mayor to execute the
second year of funding for the Criminal Justice Division Title V
Delinquency Prevention GRUB Grant.
RESOLUTION NO. 2001-R0096
WHEREAS, the City Council of the City of Lubbock finds it in the best interest
of the citizens of the City of Lubbock, that the Lubbock Urban Gardens be operated for
the 2002 year; and
WHEREAS, the City Council of the City of Lubbock has considered the
proposed application for State and Federal Assistance for said project, in the amount of
$79,072 to be submitted to the Justice Planning (421) Fund Program; and
WHEREAS, the City Council of the City of Lubbock has agreed that in the
event of loss or misuse of the funds, the City Council assures that the funds will be
returned to the Criminal Justice Division in full.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City
of Lubbock approves submission of the grant application for the Lubbock Urban
Gardens to the Office of the Governor, Criminal Justice Division, in the amount of
$79,072.
Passed by the City Council this 22nd day of March, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Everette Hooper
Everette "Scoop" Hooper
Youth Services Coordinator
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2001-R0096.
191
Regular City Council Meeting
March 22, 2001
Page 192
The City of Lubbock Youth Services Department has joined with the
South Plains Food Bank, Lubbock County Juvenile Justice Center, and
other non-profit organizations to propose a gardening and produce
marketing program.
If accepted, the CJD grant would fund $79,072 for equipment, supplies,
and one manager and assistant manager for the program. The City's
Youth Coordinator estimates dedicating 15 % of his time for the second
year to support the program.
Staff recommended the Council's support for the second year funding of
this grant application, in order to offer juvenile offenders an opportunity
to learn life and career skills through a productive gardening and
marketing program.
(29.) Resolution No. 2001-R0097/RFP #264-00/VK—Auction Services
(Purchasing) —The City of Lubbock Purchasing Manager is charged
with the responsibility to dispose of surplus city property. Surplus
property includes office furniture and equipment, motor vehicles and
service bodies, real property, abandoned, stolen or recovered
property held in custody by the Police Department and unclaimed
for a period of at least 60 days, or other property determined by the
Purchasing Manager to be surplus property of the City. Methods of
disposal include:
0 Sale at Public Auction
• Sale by Competitive Sealed Bid
• Negotiated Sale to Other Governments
• Transfer to charitable and civic organizations
• Destruction of certain property
RESOLUTION NO. 2001-R0097
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a contract for auction
services, by and between the City of Lubbock and Rene' Bates Auctioneers, Inc. of
McKinney, Texas and MRB Online Auction Group, L.C. of McKinney, Texas, and
related documents. Said contract is attached hereto and incorporated in this resolution
as if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 22nd day of March, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
192
Regular City Council Meeting
March 22, 2001
Page 193
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
This contract is for full -service auctioneer services on an "as -needed"
basis. The formal Request for Proposals (RFP) process was used to
solicit competitive proposals from interested firms and individuals to
provide these services. A selection committee was appointed to review
and rate the proposals submitted. The committee used the basic
evaluation methods in the Evaluation Procedures for Competitive
Negotiation for Professional & Non -Professional Services of the City
Purchasing Department.
The evaluation criteria and relative importance stipulated in the RFP
included:
• Clarity, Completeness and Comprehensiveness of Proposal (25 %)
• Service Levels and Capability of Offerer (25 %)
• Mandatory Requirements of the RFP (25 %)
• Methodology and Costs (25 %)
Three auctioneer firms submitted proposals to the City o
Lubbock for auctioneer services and were ranked by the
evaluation committee as follows:
Rene Bates Auctioneers and MRB Online Auction Group
of McKinney, Texas
91
Assiter & Associates of Amarillo, Texas
76
Lone Star Auctioneers, Inc. of Fort Worth, Texas
72
The selection committee recommended contract award to Rene Bates
Auctioneers, in strategic partnership with MRB Online Auction Group,
to perform turnkey full -service auction services for the flat rate of 5 % of
gross auction revenue, exclusive of sales tax, and cattle grazing rights
auction services for the flat rate of $1,700.
(30.) BID #009-01/LR—Sand, Gravel & Caliche—Annual Pricing (Street
Department) —This bid establishes annual pricing for the purchase of
sand, gravel and caliche used for various street repairs on city streets.
The low bids are listed below and are within the Maintenance Street
System budget amount:
R. E. Janes Gravel Co. of Slaton, Texas
$190,305
Ronnie Zahn Paving, Inc. of Lubbock Texas
$ 8,775
Allen Butler Construction, Inc. of Ransom Canyon,
Texas
$ 71,250
(31.) BID #019-01/LR—Ice Control Salt —Annual Pricing (Street
Department) —This bid establishes annual pricing for the purchase of ice
control salt to be used apply to various city streets during freezing
193
Regular City Council Meeting
March 22, 2001
Page 194
weather. 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 $13,000 per year from Lubbock Imports, Inc. of
Lubbock, Texas and is within the Maintenance Street System budget
amount.
(32.) Resolution No. 2001-R0098/BID #027-01/LR—Contract Weed
Shredding at the Land Application Site (Land Application Site) —This
bid establishes annual pricing for weed shredding at both the Land
Application Site —Wilson Farm and the Land Application Site —Lubbock
Farm. This service will be performed during the spring and summer
months of 2001. The shredding service is necessary to keep a nice
appearance of each site. The bid specifications include an option to
renew annually for up to two additional years upon mutual agreement of
both parties.
RESOLUTION NO. 2001-R0098
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a contract for weed
shredding at the Land Application Site, by and between the City of Lubbock and Nolan
Pack of Lubbock, Texas and related documents. Said contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 22nd day of March, 2001.
/s/ WINDY SITTON
WINDY 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/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2001-R0098.
The low bid is $18,000 per year per cutting cycle from Nolan Pack of
Lubbock, Texas and is within the Professional Services budget amount.
(33.) Resolution No. 2001-R0099/13I1) #029-01/LR—Sale of Scrap Paper
(Solid Waste) —This bid establishes a price for the sale of scrap paper.
The City of Lubbock collects these materials at recycling drop-off
locations and through an internal recycling program. The City of
Lubbock will deliver these materials to the successful contractor.
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Regular City Council Meeting
March 22, 2001
Page 195
Pricing for each category of scrap paper will be based on market prices
listed in the weekly publication of the Official Board Markets and will be
allowed to fluctuate with the market. The price paid for each delivery of
scrap paper will be calculated by multiplying the Southwest Market High
by the percentage bid by the successful bidders. The successful
contractor will either recycle the materials or sell it to another company
who recycles or reuses the materials.
RESOLUTION NO. 2001-R0099
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a contract for sale of
scrap paper, by and between the City of Lubbock and BFI, Inc. of Lubbock, Texas,
and related documents. Said contract is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council this 22nd day of March, 2001.
/s/ WINDY SITTON
WINDY 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/ William de Haas
William de Haas,Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2001-R0099.
The highest bidder is BFI, Inc. of Lubbock, Texas with 30 %
the followingCorrugated Cardboard
Newsprint E30
Shredded Computer Paper 30
White Paper 30
(34.) Resolution No. 2001-R0100/13I1) #032-01/RS—Meal Service for
Senior Citizens Centers (Indoor Recreation) —The City of Lubbock
Senior Program provides a hot heal that targets any citizen 60 years of
age or older, for a recommended donation of $2 per meal. Meals are
required to meet 1/3 RDA as established by Texas Department of Aging
Regulations. The meal menus are developed by a licensed dietician
employed by the South Plains Association of Governments and are then
prepared and delivered by a vendor.
195
Regular City Council Meeting
March 22, 2001
Page 196
RESOLUTION NO. 2001-RO100
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a contract for meal
service for senior citizens centers, by and between the City of Lubbock and Aramark
Educational Services, Inc. of Lubbock, Texas, and related documents. Said contract is
attached hereto and incorporated in this resolution as if fully set forth herein and shall
be included in the minutes of the City Council.
Passed by the City Council this 22nd day of March, 2001.
/s/ WINDY SITTON
WINDY 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/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2001-RO100.
The low bid is $156,750 from ARAMARK Education Services, Inc. of
Lubbock, Texas and is within the Grant Program for Aging -Title III-C
budget amount.
(35.) Resolution No. 2001-RO101/BID #036-01/RS—Construction of Fuel
Station Canopy & Animal Control Canopy (Facilities
Management) —This project will construct a new canopy over the North
Fuel Site and over the Animal Control Crematorium area. The fuel site
canopy will protect the fuel pumps and customers from rain and stormy
weather.
RESOLUTION NO. 2001-RO101
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a contract per ITB #036-
01/RS for construction of fuel station canopy and animal control canopy, by and
between the City of Lubbock and Brown -McKee, Inc. of Lubbock, Texas, and related
documents. Said contract is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
196
Regular City Council Meeting
March 22, 2001
Page 197
Passed by the City Council this 22nd day of March, 2001.
/s/ WINDY SITTON
WINDY 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/ William de Haas
William de Haas
Contract Manager/Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 22nd day of March, 2001, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Brown -McKee, Inc. of the City of Lubbock, County of Lubbock, and
the State of Texas, herein termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the
construction of certain improvements described as follows:
BID #036-01/RS -CONSTRUCTION OF FUEL STATION CANOPY & ANIMAL
CONTROL CANOPY- $56,644.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to do so shall have been given to him and to substantially
complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment
on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
197
Regular City Council Meeting
March 22, 2001
Page 198
ATTEST:
/s/ Rebecca Garza
Secretary
APPROVED AS TO CONTENT:
/s/ Gary Smith
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Peggy H. Young
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Brown -McKee, Inc.
Bv: /s/ Mike P. Oles
PRINTED NAME: Mike P. Oles
TITLE: President
COMPLETE ADDRESS:
Brown -McKee, Inc.
906 Slaton Road
Lubbock, Texas 79452
The low total bid is $56,344 from Brown -McKee, Inc. of Lubbock,
Texas and is within the Building Capital Outlay -Fleet Services Canopy
and the Building Capital Outlay -Animal Shelter Renovations budget
amounts.
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.
REGULAR AGENDA
(36.) ORDINANCE #2001-00017—ZONE CASE NO. 2904 (located along
4" Street and Brownfield Highway from Interstate 27 to South Loop
289): 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 13" Street, Room 107, Lubbock, Texas
during business hours (second and final reading.)
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 0, SECTION 1;
BLOCK A, SECTION 19; BLOCK O, 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;
Regular City Council Meeting
March 22, 2001
Page 199
BLOCK AK, SECTION 37, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilmember McDougal, seconded by
Councilmember Cooke to pass on second and final reading Ordinance
No. 2001-00017 as recommended by staff. Motion carried: 6 Yeas, 0
Nays.
PUBLIC HEARINGS
(37.) Ordinance No. 2001-00020 - ZONE CASE NO. 2772-A (9801-9825
Vinton): Hold a public hearing to consider request of the City of
Lubbock (for parcel owners) for a zoning change from A-2 to R-1
specific use for garden homes on Lots 1A-12, Wedgewood South
Addition.
ORDINANCE NO. 2001-00020
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2772-A; A ZONING CHANGE FROM A-2 TO R-1
SPECIFIC USE ZONING FOR GARDEN HOMES ON LOTS 1A-12,
WEDGEWOOD SOUTH ADDITION, LUBBOCK, TEXAS; PROVIDING A
PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:34 a. in. Randy Henson,
Sr. Planner, appeared on behalf of staff. No one appeared in opposition.
Mayor Sitton closed the hearing at 11:37 a. in.
In 1996 a zone case was approved for this property and the area to the
west as A-2 limited to a personal care facility. Subsequently, a replat
was processed dedicating the 9800 block of Vinton and lots intended for
garden homes on the east side. The developer did not respond to a
request by the staff to rezone the property as R-1 Specific Use for
Garden Homes. At a later date, construction permits were issued for
garden homes with a presumption that the zoning issue had been cleared.
Since the original developer no longer owns any of the lots, the staff
filed the zone case to rectify the situation.
Adjacent land uses:
North — 98`h Street with Lakeridge homes
South — single family, Specific Use
East — single family, Specific Use
West — a personal care facility with vacant property toward 98`'
Street zoned A-2 limited to a personal care facility.
The proposal is consistent with both Comprehensive Land Use Plan
policies and zoning policies.
The proposal will have no effect on the thoroughfare system.
The staff recommended the R-1 Specific Use zoning. Several issues
have been expressed:
• One current resident requests, in lieu of deed restrictions that the
owners do not have from the original developer, a percent brick
requirement. 75 % is most common in neighborhoods in this
area.
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Regular City Council Meeting
March 22, 2001
Page 200
• The owner of the north five lots requests that, because the first
two lots south of 98' Street are too small for garden homes, the
Specific Use Permit include two townhomes on the north two lots
and garden homes on the balance. The process may require a
replat of the two lots.
• A third item surfaced after the Planning Commission meeting.
One existing garden homeowner requested that alley garage
access be added as a requirement. The existing homes are
designed for alley access and the alley is paved.
The Planning and Zoning Commission recommended approval of this
request subject to the following conditions:
1. North two lots may be town homes; the balance of the lots shall
be garden homes.
2. 75 % brick construction on all lots.
The staff supported the recommendation of the Planning Commission
with a request to add the third condition for alley access garages.
Motion was made by Councilmember McDougal, seconded by
Councilmember Patterson to pass on second and final reading Ordinance
No. 2001-00020 as recommended by staff. Motion carried: 6 Yeas, 0
Nays.
(38.) Ordinance No. 2001-00021 ZONE CASE NO. 2905 (10410 Slide
Road): Hold a public hearing to consider request of Michael R.
Postar (for Advanced Self Storage) for a zoning change from T to C-
4 specific use for mini -warehouses on an unplatted 5.03 acre tract
out of Block E2, Section 25.
ORDINANCE NO. 2001-00021
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2905; A ZONING CHANGE FROM T TO C-4
SPECIFIC USE ZONING FOR MINI -WAREHOUSES ON AN UNPLATTED 5.03
ACRE TRACT OUT OF BLOCK E2, SECTION 25, LUBBOCK, TEXAS;
PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:37 a. m. Michael R.
Postar appeared on behalf of Advanced Self Storage No one appeared in
opposition. Mayor Sitton closed the hearing at 11:38 a. m.
The owner of a mini -warehouse project developed on Slide Road south
of 98`' on the west side, requested zoning that will allow a second phase
of the project. The first phase was developed prior to the 1999
annexation.
Adjacent land uses:
North — current commercial mini -warehouse project
South — vacant
East — commercial on the east side of Slide Road
West — playa
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Regular City Council Meeting
March 22, 2001
Page 201
The project is consistent with the Comprehensive Land Use Plan. Some
while back, a Plan change was approved that acknowledged the strip
commercial along Slide that was inherited when the area was annexed.
In addition, the playa to the west limits development along this portion of
Slide Road; there will be no "neighborhood" behind this commercial.
The site plan is adequate with the exception that no landscaping is
illustrated. After the property is platted, the buildings will have a ten -
foot remaining setback from the Slide right-of-way. The proponent
requested no landscape to be consistent with the existing project. The
Planning Commission approved a delay for landscaping the current phase
two, with a requirement that a ten -foot strip be landscaped in front of all
the buildings when phase three is complete.
The proposal will have a minimum impact on the thoroughfare system.
The Planning and Zoning Commission recommended approval of this
request subject to the following condition:
A ten -foot strip of landscaping along the front of all buildings in the
complex adjacent to Slide Road at completion of phase three.
The staff supports the recommendation of the Planning Commission.
Motion was made by Councilmember Patterson and seconded by
Councilmember Cooke to pass on first reading Ordinance No.2001-
00021 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(39.) Ordinance No. 2001-00022 - ZONE CASE NO. 2906 (7015 Indiana
Avenue): Hold a public hearing to consider request of King McInnes
for Indiana Chevron for a zoning change from C-2 to C-3 on Lot
177, Live Oak Addition.
ORDINANCE NO. 2001-00022
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2906; A ZONING CHANGE FROM C-2 TO C-3
ZONING ON LOT 177, LIVE OAK ADDITION, LUBBOCK, TEXAS; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Sitton opened the public hearing at 11:38.a.m. King McInnes
appeared on behalf of Indiana Chevron. No one appeared in opposition.
Mayor Sitton closed the hearing at 11:39 a. m.
The request will allow an existing service station to be zoned correctly.
The existing operation is nonconforming. In addition, the C-3
designation allows for a tunnel -style car wash that the owner is
considering building on the property.
Adjacent land uses:
North — commercial
South — commercial
East — commercial
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Regular City Council Meeting
March 22, 2001
Page 202
West — commercial
The proposal is consistent with both the Comprehensive Land Use Plan
and zoning policy. Any proposed new development will have to meet
required commercial setback from the Loop service road and Indiana
Avenue
The proposal will have no additional effect on the thoroughfare system.
The Planning and Zoning Commission recommended approval of this
request.
The staff supports the recommendation of the Planning Commission.
Motion was made by Councilmember McDougal and seconded by
Councilmember Morrison to pass on first reading Ordinance No.2001-
00022 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(40.) Ordinance No. 2001-00023 - ZONE CASE NO. 2908 (southwest
corner of 66" Street and Upland Avenue): Hold a public hearing to
consider request of Hugo Reed and Associates, Inc. (for South Plains
Development Corporation) for a zoning change from T to IHI on
Tract A, Tobasco Valley No.3.
ORDINANCE NO. 2001-00023
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2908; A ZONING CHANGE FROM T TO IHI AND
IHC ZONING ON TRACTS OUT OF SECTION 31, BLOCK AK, LUBBOCK
COUNTY, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:39 a.m. Terry Holman
appeared on behalf of Hugo Reed. No one appeared in opposition.
Mayor Sitton closed the hearing at 11:40 a. in.
South Plains Electric is in the process of developing an office and yard
on land at 66`' and Upland. The project is adjacent to the Sears Sales
Center north of the Brownfield Highway on Upland. The administrative
offices for SPEC are at 82" and Upland. During the hearing the
proponent requested Interstate Commercial on the Lot 1 and the next 100
feet south of 67`' Street. SPEC is not developing the area next to the
Sears store.
Adjacent land uses:
North — vacant and a home
South — Brownfield Highway and the railroad
East — Upland Avenue
West — vacant
The use represents a minor adjustment to the recently amended
Comprehensive Land Use Plan for the area annexed in 1999. Because
SPEC has the need for a yard for storage of materials, the current policy
for commercial does not meet their needs.
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Regular City Council Meeting
March 22, 2001
Page 203
Regarding zoning policy, although the use will be within the industrial
classification, the IHI provides that outside stack areas be screened from
public view. The change to IHC for the Sears lot and adjacent 100 feet
south of 67`h Street will be in keeping with the Comprehensive Land Use
Plan.
A proposed condition would not allow future industrial uses other than
an electric company operation. The SPEC property would revert to
Interstate Commercial permitted uses for future users unless a new
zoning proposal is considered.
The project should have no detrimental effect on the thoroughfare
system.
The Planning Commission further amended the request to include
Interstate Commercial for all the area south of 67`' Street (to the west of
Sears). As such, none of the Brownfield Highway frontage (north of the
railroad track) will be "industrial". The agent for SPEC was in
agreement.
The Planning and Zoning Commission recommended approval of this
request subject to the following conditions:
A. Tract 1 (north of 67h Street): Interstate Industrial.
1. The Interstate Industrial portion shall be limited to the
operations of SPEC.
2. Any future proposed use for other than permitted in the
Interstate Commercial District be subject to a new zone
case.
B. Tract 2 (south of 671h Street): Interstate Commercial.
The staff supported the recommendation of the Planning Commission.
Motion was made by Councilmember Nelson and seconded by
Councilmember Morrison to pass on first reading Ordinance No.2001-
00023 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(41.) Ordinance No. 2001-00024 - ZONE CASE NO. 2909 (north of 66
Street and south of Spur 327 between Justice Avenue and Pontiac
Avenue): Hold a public hearing to consider request of Burl Masters
(for Dick and Jim Lowrey) for a zoning change from R-1 to C-4 and
A-1 on an unplatted 99.5 acre tract out of the southwest corner of
Section 36, Block AK, and the southeast corner of Section 35, Block
AK.
ORDINANCE NO.2001-00024
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2909; A ZONING CHANGE FROM R-1 TO C-4
AND A-1 ZONING ON AN UNPLATTED 99.5 ACRE TRACT OUT OF THE
SOUTHWEST CORNER OF SECTION 36, BLOCK AK, AND THE SOUTHEAST
CORNER OF SECTION 35, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A
PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:40 a.m. Burl Masters
appeared on behalf of Dick and Jim Lowrey. No one appeared in
opposition. Mayor Sitton closed the hearing at 11:43 a in.
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Regular City Council Meeting
March 22, 2001
Page 204
After the case was filed, the staff requested the applicant to consider
amending the request from the C-4 with a strike list to Interstate
Commercial. Using the IHC designation will allow for a more clean cut
method to achieve the same objectives as the area to the east that is
zoned C-4 with a long strike list. The zone case behind (south) of the
two car dealerships on the Spur was processed before the Interstate
Districts were developed. With the use of the new IHC architectural
materials standards any distinction of the permitted uses becomes less of
an issue.
Adjacent land uses:
North — Spur 327
South — vacant
East — vacant
West — nonconforming commercial annexed in 1999
The proposal is consistent with the current Comprehensive Land Use
Plan. The single item of concern is the fact that the vacant area south of
66`' Street is designated as residential on the Plan, and the staff will
attempt for that to remain official policy. 66`' Street west of Frankford is
designated as a collector level street. To mitigate the effect of
commercial on the north side, the applicant has agreed to an increased
set back for structures on parcels adjacent to 66`'', as well as the 10%
landscape requirement (versus the normal 5 % on non -thoroughfare
streets in IHC). Parcels adjacent to the Brownfield Highway will also
have the 10 % requirement.
The proposal for lots fronting 66`' is a sixty -foot minimum setback for
single story construction and seventy-five feet for two or more stories
construction. This requirement would apply to the A-1 parcel also.
The proposal meets zoning policies.
The project should have no greater effect on the thoroughfare system
than anticipated. Fully developed, the area will be a large traffic
generator. However, the Spur is to the north, 66' as a collector borders
the south, and Milwaukee will eventually function as a north/south
thoroughfare through the center of the property.
The Planning and Zoning Commission supports the request as IHC and
A-1 subject to the following conditions:
1. A sixty -foot setback for single story and seventy-five feet for two
or more stories from 66`' Street.
2. For parcels zoned IHC adjacent to the Spur 327 and 66' Street,
development shall include ten percent on site landscaping.
The staff supports the recommendation of the Planning Commission.
Motion was made by Councilmember Patterson and seconded by
Councilmember Morrison to pass on first reading Ordinance No.2001-
00024 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(42.) Ordinance No. 2001-00025- ZONE CASE NO. 1786-A (northwest
corner of 981h Street and University Avenue): Hold a public hearing
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Regular City Council Meeting
March 22, 2001
Page 205
to consider request of Hugo Reed and Associates, Inc. (for Robert
Whitaker) for a zoning change from C-2 to A-1 on Lots A-1-13,
University Pines Addition.
ORDINANCE NO. 2001-00025
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1786-A; A ZONING CHANGE FROM C-2 TO A-1
ZONING ON LOTS A-1-B, UNIVERSITY PINES ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:43 a. m. Terry Holman
appeared on behalf of Hugo Reed and Associates, Inc. No one appeared
in opposition. Mayor Sitton closed the hearing at 11:44 a. m.
The parcel proposed for rezoning is currently zoned C-2. The request is
A-1.
Adjacent land uses:
North — single family
South — vacant
East — single family across University
West — single family
The request is consistent with both the Comprehensive Land Use Plan
and zoning policy. The amendment actually gets this corner back to a
greater level of compliance with Comprehensive Plan objectives for
commercial zoning to be buffered from low to medium residential by
higher density residential zoning.
The proposal should have little additional effect on the thoroughfare
system.
The Planning and Zoning Commission recommended approval of this
request.
The staff supports the recommendation of the Planning Commission.
Motion was made by Councilmember Morrison and seconded by
Councilmember Nelson to pass on first reading Ordinance No.2001-
00025 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(43.) Ordinance No. 2001-00026 - ZONE CASE NO. 1750-H (Southwest
Haven Addition on the northwest corner of Loop 289 and Utica
Avenue): Hold a public hearing to consider request of Allyn Taylor
(for ESA Management, Inc.) for a zoning change from C-2A to AM
specific use for a hotel on tracts F, G and H.
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Regular City Council Meeting
March 22, 2001
Page 206
ORDINANCE NO. 2001-00026
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1750-H; A ZONING CHANGE FROM C-2A TO AM
SPECIFIC USE ZONING FOR A HOTEL ON TRACTS F, G AND H IN THE
SOUTHWEST HAVEN ADDITION, LUBBOCK, TEXAS; PROVIDING A
PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:44 a. m. Allyn Taylor and
Michael Bacchi (Stay America)) appeared on behalf of ESA
Management, Inc. Joe Lopez, 4806 66th, Lubbock, appeared in
opposition. City Manager Cass recommended that rather than table the
matter, the Council pass the first reading; and concerns brought up by
Mr. Lopez should be resolved by the second and final reading. Mayor
Sitton closed the hearing at 11:56 a. in.
The request would rezone a parcel currently zoned C2A limited to
professional offices to a Specific Use Permit for a motel. Several years
ago, a Permit for a motel was approved within a zone case that has since
lapsed.
Adjacent land uses:
North — duplex residential
South — Loop 289
East — medical development
West — commercial
The request is consistent with the Comprehensive Land Use Plan.
The Specific Use Permit addresses most of the zoning related policy
issues. The property will be walled from 66`' Street with a seven -foot
fence. No curb cuts to 66`' are proposed. The project is a three-story
facility, and the bulk of the structure is oriented closer to the Loop, and
away from 66`' Street.
One adjacent resident expressed concern about increased traffic. The
property will eventually be developed as commercial, and experience
indicates that a motel creates less overall traffic and is usually off peak
hour traffic. As noted, no access from 66' will be allowed. Drive
access to the property will be from Utica and Loop 289. As Specific
Use, it is tied to the proposed site plan.
The Planning and Zoning Commission recommended approval of this
request subject to the following condition:
Tied to site plan 1750-H and elevations 1750-H.
The staff supported the recommendation of the Planning Commission.
Motion was made by Councilmember Cooke and seconded by
Councilmember Patterson to pass on first reading Ordinance No.2001-
00026 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
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Regular City Council Meeting
March 22, 2001
Page 207
(44.) Hold a public hearing to consider amendment of the zoning code
requiring Zoning Board of Adjustment approval of outdoor sales
tents larger than 30 feet x 60 feet, and to consider ordinance.
Mayor Sitton opened the public hearing at 11:57 a. in. Randy Henson
appeared on behalf of the staff. No one appeared in opposition. Mayor
Sitton closed the hearing at 11:59 a. in.
The Planning Commission approved a proposed change for "outdoor
promotional sales," or what were originally termed "sidewalk sales".
Originally these sales required Zoning Board of Adjustment for every
event. About six years ago, the Code was amended to allow businesses
to request an administrative permit for promotional sales through the
Environmental Enforcement Department for most events.
The single remaining item that requires ZBA consideration is a request
involving a tent greater than 30 feet by 60 feet. Experience during the
last several years indicates that no issues have occurred during events
with the larger tents that need a public hearing. The permit process
includes review by the Building Inspection, Fire and Health
Departments, as well as proof that parking will not be negatively affected
on the site. The general feeling is that the burden of having the time and
expense of the ZBA hearing is unwarranted.
The staff proposed removing the ZBA process, making the entire permit
an administrative action. The proposed ordinance contains wording now
in the Code, reorganized to flow a little better and in the Administrative
section rather than the ZBA section. One sentence is (the one line
requiring ZBA approval of the larger than 30 x 60 foot tents).
Current text in 29-28(f)(2)j.2: "If a tent is used it must be inspected and
approved by the City of Lubbock Fire Marshal or Building Official and
construction permits and inspections shall be obtained from the City of
Lubbock Building Official. Tents larger than thirty (30) by sixty (60)
feet require zoning board of adjustment approval."
Proposed: "If a tent is used it must be inspected, approved (and
permitted if required) by the City of Lubbock Fire Marshal, or his
designee, and appropriate construction permits and inspections shall
be obtained from the Building Inspection Department."
The staff supports the recommendation of the Planning Commission.
Motion was made by Councilmember Cooke and seconded by
Councilmember Morrison to pass on first reading Ordinance No.2001-
00027 as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
MISCELLANEOUS
(45.) Resolution No. 2001-R0088 electing to support the Kids Voting
Texas/Lubbock County Program.
RESOLUTION NO. R0088
WHEREAS, the City of Lubbock actively supports and encourages citizen
participation in government; and
WHEREAS, only 35 percent of the nation's eligible citizens participate in the
democratic process; and
Regular City Council Meeting
March 22, 2001
Page 208
WHEREAS, confidence in democracy and the ability to govern ourselves begins
in the voting booth; and
WHEREAS, participation in the democratic process must be enhanced and the
trend of apathy reduced; and
WHEREAS, Kids Voting is a program created to enable children to actually
accompany their parents to polling places and to cast simulated ballots on candidates
and issues; and
WHEREAS, the Kids Voting project is an innovative blend of private sector
resources and business leadership, school and community partnerships and
volunteerism, and is centered in the concept of family involvement; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor and City Council of the City of Lubbock support the Kids
Voting Texas/City of Lubbock Program for our community.
Passed by the City Council this 22nd day of March, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO FORM:
/s/ John M. Knight
Assistant City Attorney
Kids Voting is a program created to enable children to actually
accompany their parents to polling places and to cast simulated ballots on
candidates and issues. This project is an innovative blend of private
sector resources and business leadership, school and community
partnerships and volunteerism, and is centered in the concept of family
involvement.
This group is interested in participating with the City of Lubbock's
Special Election on May 5, 2001. A voting area for kids to vote would
be set up at several of the Early Voting locations and at each of the
Election Day polling places. All of this is handled through the Kids
Voting Program and does not interfere with the governmental entity's
election.
Staff recommended approval of this resolution.
Motion was made by Councilmember McDougal seconded by
Councilmember Patterson to pass Resolution No: _ 2001-R0088 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
W.
Regular City Council Meeting
March 22, 2001
Page 209
The next item considered was Top Ten List.
(46.) Consider one appointment to the Civic Lubbock, Inc. Board of
Directors.
Motion was made by Councilmember Cooke, seconded by
Councilmember Morrison to appoint Bill Lowell to the Civic Lubbock,
Inc. Board of Directors. Motion carried: 6 Yeas, 0 Nays.
(47.) Consider nine appointments to the Community Relations
Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Morrison to appoint Lynne Duncan and reappoint James
Bennett, Charles Johnson, Juan Mancias, Vecelia Mann, Martha
Medina, McKinley Shepherd, Cara Speer, Gail Tutino to the Community
Relations Commission. Motion carried: 6 Yeas, 0 Nays.
(48.) Consider one appointment to the Keep Lubbock Beautiful Advisory
Committee.
Motion was made by Councilmember Cooke, seconded by
Councilmember Morrison to appoint Debby Hansard to the Keep
Lubbock Beautiful Advisory Committee. Motion carried: 6 Yeas, 0
Nays.
(49.) Consider one appointment to the Neighborhood Redevelopment
Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Morrison to appoint Mike Fowler to the Neighborhood
Redevelopment Commission. Motion carried: 6 Yeas, 0 Nays.
(50.) Consider one appointment to the Zoning Board of Adjustment.
Motion was made by Councilmember Cooke, seconded by
Councilmember Morrison to appoint Mike Johnson to the Zoning Board
of Adjustment. Motion carried: 6 Yeas, 0 Nays.
12:14 P.M. COUNCIL RECESSED TO EXECUTIVE SESSION
1:30 P.M. COUNCIL RECONVENED
1:30 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Councilmember
Patterson adjourned the meeting.
WINDY SITTO ; MAY
ATTEST:
*Reb4ccaGarza, City Secretary
209
Regular City Council Meeting
March 22, 2001
Page 210
Read and approved this le� day of 2001.
WINDY SIT N, MAYOR
ATTEST:
R ecca Garza, City Secretary
210