HomeMy WebLinkAboutMinutes - City Council - Regular - 12/3/2001CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
DECEMBER 3, 2001
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 3rd
day of December, 2001, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 7:30 A. M.
7:35 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke,
Councilmember Victor Hernandez, Councilmember Marc McDougal,
Councilmember Frank Morrison, Councilmember David Nelson,
Councilmember T.J. Patterson
CITIZEN COMMENTS
No one appeared to express comments to the Council
EXECUTIVE SESSION
Mayor Pro Tem 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 Attorney; City Manager); to deliberate,
vote and take final action on electric rates of Lubbock Power and Light
(Electric Utilities); pending or contemplated litigation (Airport; Finance
Department; Lubbock Power & Light; Police Department; Water
Utilities); personnel matters regarding duties, responsibilities, and/or
appointments (Boards and Commissions); and to deliberate the purchase,
exchange, lease, or value of real property (Right -of -Way Department;
Water Utilities); and to deliberate regarding security devices (all
departments).
7:36 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
Attorney; 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 (Airport; Finance Department; Lubbock Power & Light;
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:
Appointments Advisory Board
Building Board of Appeals
Citizens Traffic Commission
Community Relations Commission
Keep Lubbock Beautiful
Regular City Council Meeting
December 3, 2001
Page 376
Libraries Board
Neighborhood Redevelopment Commission
Parks and Recreation Board
Urban Design/Historic Preservation Commission
Youth Commission -Students
Zoning Board of Adjustment
Central Business District Tax Increment Financing
Reinvestment Zone
( 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 (Right -of -Way Department; Water Utilities).
(6.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.076, to deliberate regarding security devices (all
departments).
10:10 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All councilmembers were present.
( 7.) Review plans for proposed North Overton Tax Increment Finance
District. Craig Farmer, Director of Planning and Transportation (20
minutes)
This item was deleted.
( g,) Presentation regarding initiative and referendum procedures. John
Knight, Assistant City Attorney (10 minutes)
This work session presentation consisted of a brief discussion of the
procedures required in complying with the initiative and referendum
provisions of the City Charter.
No action was required on this item.
10:35 A. M. WORK SESSION RECESSED
10:55 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
Mayor Sitton called the meeting to order at 10:55 A. M.
(9.) Reverend Danny Poe, Pastor of Bethel African Methodist Episcopal
Church gave the invocation.
(10.) Pledge of Allegiance was given in unison by those in the City Council
Chambers.
BOARD APPOINTMENTS
Market Lubbock Economic Development Corporation
Receiving: Charley Trimble (unable to attend)
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Page 377
CITIZENS APPEARANCES
(11.) Presentation of a plaque to University Medical Center from the City of
Lubbock Parks and Recreation Department recognizing their
continued support of the West Texas Senior Sports Classic and the
Texas Senior Games.
University Medical Center has been an outstanding supporter of the Parks
and Recreation Department for over ten years and the department feels it
is important to recognize their participation. Besides their support of the
West Texas Senior Sports Classic and the Texas Senior Games, they have
provided additional sponsorships for the fountain on Leroy Elmore Park
and medical clinics at our senior centers and the Sports Classic
Randy Truesdell. Manager and Susie Howard, Administrative Assistant of
the Parks and Recreation Department, assisted Mayor Sitton in presenting
the plaque to Gwen Stafford of University Medical Center for their
continued sponsorships. Peter Laverty of UMC was also introduced.
(12.) Presentation of a special recognition to Eddie Richardson, Co -Editor
of the Southwest Digest, to commemorate his ongoing efforts to
educate the public about City government.
For over a year, Eddie Richardson, Co -Editor of the Southwest Digest,
has published a column entitled "Know Your City Government." This
ongoing series of articles gives citizens a close look at Lubbock's City
government, including its origin, function, departments, staff, and other
important topics. The Southwest Digest has created a valuable tool in
educating the public on how city government functions and how citizens
can access their local government. The City of Lubbock appreciates Eddie
Richardson's outstanding public service to the Lubbock community.
Eddie Richardson was presented a special recognition to commemorate his
ongoing efforts to educate the public about city government.
(13.) Presentation of a special recognition to Detective Rey Martinez of the
Lubbock Police Department in honor of his receiving the Peace Officer
of the Year Award from the State of Texas.
For the past twenty years, Rey Martinez has served the citizens of
Lubbock as a Detective in the Lubbock Police Department. Detective
Martinez has investigated and resolved several high profile murder cases
for the City of Lubbock. As Council may recall, Detective Martinez went
to Mexico to apprehend Mariano Villegas, who was Lubbock's most
wanted fugitive. Detective Martinez was also instrumental in solving the
Bonifacio Grimaldo case, which had remained open from 1976 until 1998
when Grimaldo was arrested in California.
Detective Martinez was nominated for the Peace Officer of the Year
Award by First Assistant Criminal District Attorney Matt Powell, and he
accepted this award from Texas Attorney General John Comyn at a
Criminal Law Conference in Austin last month. The City of Lubbock
appreciates Detective Martinez' outstanding public service to the Lubbock
community.
Detective Rey Martinez was presented a special recognition to celebrate
his receipt of the Peace Officer of the Year Award.
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CONSENT AGENDA (Items Nos. 14-16, 18-21, 23-25, 27-41)
Motion was made by Councilmember Nelson, seconded by
Councilmember Cooke to approve Items 14-16, 18-21, 23-25, 27-41 on
consent agenda as recommended by staff. Motion carried: 7 Yeas, 0
Nays.
(14.) Approval of Minutes: November 1, 2001
Special City Council Meeting
November 8, 2001
Regular City Council Meeting
November 15, 2001
Regular City Council Meeting
(15.) ORDINANCE #2001-00088-Abandoning and closing a 20-foot alley in
Block 163, Original Town Addition to the City of Lubbock (1213 141h
Street) (second and final reading).
ORDINANCE NO. 2001-R0088
AN ORDINANCE ABANDONING AND CLOSING A 20 FOOT ALLEY
LOCATED IN BLOCK 163, ORIGINAL TOWN OF LUBBOCK 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.
(16.) ORDINANCE #2001-00090-Terminating the Tax Increment Financing
District created December 18, 1986 in Ordinance 8997 (second and
final reading).
ORDINANCE NO 2001-00090
AN ORDINANCE TERMINATING THE TAX INCREMENT FINANCING
DISTRICT CREATED DECEMBER 18, 1986 IN ORDINANCE 8997.
Next item to be considered was Item No. 18.
(17.) ORDINANCE #2001-00091-Designating and describing the
boundaries of a Tax Increment Financing Reinvestment Zone for the
Central Business District of Lubbock, Texas; establishing the duration
of the zone; establishing a tax increment fund; and establishing a
board of directors for the tax increment financing reinvestment zone
(second and final reading).
This item was moved to Regular Agenda and considered following
Item No. 41.
RDINANCE NO. 2001-00091
AN ORDINANCE DESIGNATING AND DESCRIBING THE BOUNDARIES
OF A TAX INCREMENT FINANCING REINVESTMENT ZONE FOR THE
CENTRAL BUSINESS DISTRICT OF LUBBOCK, TEXAS; ESTABLISHING THE
DURATION OF THE ZONE; ESTABLISHING A TAX INCREMENT FUND; AND
ESTABLISHING A BOARD OF DIRECTORS FOR THE TAX INCREMENT
FINANCING REINVESTMENT ZONE.
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Motion was made by Councilmember Patterson, seconded by
Councilmember Morrison to pass on second reading Ordinance No. 2000-
00091 as recommended by staff. Motion carried: 5 Yeas, 0 Nays.
Councilmembers Hernandez and McDougal recused themselves.
Next item to be considered was Item No. 42.
(18.) ORDINANCE #2001-00092-Amending Chapter 29 of the Code of
Ordinances of the City of Lubbock, Texas, amending the zoning code
to add a new definition and standards for "sports grill" (second and
final reading).
This item was considered following Item No. 16.
ORDINANCE NO. 2001-00092
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "ZONING," BY
AMENDING SECTION 29-3 ENTITLED "DEFINITIONS" BY ADDING SECTION
29-3(106c) DEFINING SPORTS GRILL; BY AMENDING SECTION 29-17(c) TO
PERMIT SPORTS GRILLS IN THE C-2 ZONING DISTRICT; BY AMENDING
SECTION 29-17(L)(1) REGARDING OFF-STREET PARKING FOR SPORTS
GRILLS; BY AMENDING SECTION 29-30(b)(3) TO REQUIRE A ZONING
CERTIFICATE FOR SPORTS GRILLS; AND BY AMENDING SECTION 29-
28(f)(2) ALLOWING THE ZBA TO AUTHORIZE SPECIAL EXCEPTIONS FOR
PUBLIC DANCING IN SPORTS GRILLS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
(19.) Ordinance No. 2001-00093 abandoning and closing a 20-foot alley
adjacent to Tract A-1-C, C.N. Hodges Addition and a 10-foot electric
easement in Tract A-1-C, C.N. Hodges Addition to the City of
Lubbock (5120 I-27) (first reading).
ORDINANCE NO. 2001-00093
AN ORDINANCE ABANDONING AND CLOSING A 20 FOOT ALLEY
LOCATED ADJACENT TO TRACT A-1-1) OF THE C.N. HODGES ADDITION
AND A 10 FOOT ELECTRIC EASEMENT LOCATED IN TRACT A-1-C OF THE
C.N. HODGES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY,
TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS
ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL
MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
This ordinance abandons and closes a 20-foot east -west alley located in the
C.N. Hodges Addition between tracts A-1-C and A-1-1) and a 10-foot
electric easement along the south 10-feet of Tract A-1-C. These alley and
easement areas are being closed for a new motel to be constructed at 51"
Street and I-27.
The total area of the alley being closed is 3,921.10 square feet. This alley
area was appraised at $1.50 per square foot by the Right -of -Way
Department for a total due the City of $5,881.65. There will be no charge
for the easement area being closed since it was granted at no cost to the
City. All utilities are in agreement with this closure.
Staff recommended approval of the first reading of this ordinance.
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(20.) Ordinance No. 2001-00094 amending Chapter 26 of the Code of
Ordinances of the City of Lubbock, Texas, by adding Section 26-11
providing for the taxation of leased motor vehicles (first reading).
ORDINANCE NO. 2001-00094
AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING SECTION 26-
11 PROVIDING FOR THE TAXATION OF LEASED MOTOR VEHICLES;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION OF
THIS ORDINANCE AND AN EFFECTIVE DATE HEREOF.
In 1999, voters approved a constitutional amendment that authorized the
legislature to exempt leased automobiles from property taxes provided the
automobiles are used for personal use and not for the production of
income. No enacting legislation was passed in 1999, however, so
automobile leases continued to remain taxable.
S.B. 248, passed in the last session, implements the 1999 amendment. The
bill provides that motor vehicles leased and used primarily for non -
income -producing purposes after January 2, 2002 are exempt from
property taxes. The bill also gives cities an opt -out from the exemption: a
city may continue to tax such leased motor vehicles if it adopts an
ordinance to that effect before January 1, 2002 (thus, no later than
December 31, 2001). No public hearing or election is required, but if the
deadline is not met, the vehicles would be permanently tax-exempt (under
law, the exemption could sunset in 2003, but this is not guaranteed). Cities
that choose not to adopt an ordinance ance248,uld such as continue
vehiclestax
usedleased for
vehicles that are not covered by
business purposes or vehicles leased prior to 2002.
Staff recommended approval of the first reading of this ordinance.
(21.) Ordinance No. 2001-00095 amending Section
a 2-37 of the City Of
royal and payment of
Lubbock Code of Ordinances with regard toPP
claims against the City (first reading).
ORDINANCE NO. 2001-00095
AN ORDINANCE AMENDING SECTION 2-37 pROTHE
VALCAND PAYMENTITY OF OCK OF
CODE OF ORDINANCES WITH REGARD TO AP
CLAIMS AGAINST THE CITY; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
Significant changes to this ordinance are as follows:
1, Settlement of self-insuranceliability
claims
City Council in an open
than $50,000 will be approved by the
meeting.
2. Settlement of self-insurance claims of less than $5 , 00that na
me
the City Manager as a responsible partapproved b
will be a p y the
City Council.
3. Just as the claims manageris uf msuranceto keep hfundy thenCrty
informed on all aspects of these
Manager shall do likewise for the City Council.
4, Workers compensation claims they
eeen excluded from resolved entirely by alstate
adjustment process because th y
law process over which the City has little or no control.
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This item was placed on the agenda at the request of City Council.
Next item to be considered was Item No. 23.
(22.) Resolution No. 2001-R amending Resolution No. 2481 with regard
to the procedures for approval of disbursements from the City of
Lubbock Self Insurance Fund in amounts of more than $50,000.
This item was deleted.
(23.) Resolution No. 2001-RO500 authorizing the Mayor to execute a
contract with Canada Life Assurance Company to provide services for
a Short Term Income Replacement Plan.
RESOLUTION NO. 2001-RO500
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, by and between the City of
Lubbock and Canada Life Assurance Company, a contract to administer a short term
income replacement plan, 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 3rd day of December, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Mary House
Mary House
Managing Director of Human Resources
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Contract is filed with Resolution 2001-R0500.
The annual cost to the City is $3,300 plus $250 per claim reviewed by
Canada Life. The Short Term Income Replacement Plan will assist in
expediting claims that will convert to the Long Term Disability Plan. The
Long -Term Disability plan has either a 90-day or 180-day elimination
period before an applicant is eligible for income benefits. During the
elimination period, a claim is in review to expedite a determination and to
attempt to eliminate loss of income to the participant. The contract also
includes review of applications for the Sick Leave Share program. The
Sick Leave Share program was implemented in City of Lubbock policy in
2000. Sick Leave Share applications we previously reviewed by City
Regular City Council Meeting
December 3, 2001
Page 382
staff, but due to legal issues regarding confidentiality, Canada Life has
agreed to review the claims.
Staff recommended approval of this resolution.
(24.) RFP #E197-01/RW 44ealth Insurance (Human Resources) and reject all
proposals.
The City of Lubbock provides medical and dental insurance to all full-time
employees. The annual cost to the City is approximately $9 million for
employees' premiums and administrative costs. The City also offers
voluntary dependent insurance coverages.
The City of Lubbock provides medical, prescription and dental insurance
for all full-time city of Lubbock employees. The annual cost to the city is
$7,576,695. Employees have the option to purchase medical and dental
insurance for an eligible spouse and/or eligible dependent. Retirees have
the option to purchase medical and prescription coverage for themselves
and eligible dependents. The health insurance plan has been provided
through BlueCross BlueShield of Texas since December 1, 1999.
Proposal responses were received from the following companies:
• Trustmark Insurance Company of Dallas, Texas
• Aetna US HealthCare of Dallas, Texas
• Inteq Group of Dallas, Texas (prescription plan only)
• BlueCross BlueShield of Texas of Dallas, TX
• SystemMed of Frisco, Texas (prescription plan only)
• Mutual of Omaha Companies of Omaha NB
• Express Scripts of Allen, Texas (prescription plan only)
• FirstCare Southwest Health Alliance of Lubbock, Texas
• Unicare of Plano, Texas
• Rogers & Belding Ins. Agency of El Paso, TX (dental plan only)
• CompBenefits of Dallas, TX (dental plan only)
• Advance PCS of Dallas, TX (prescription plan only)
• MedImpact Healthcare System, Inc. of San Diego, CA
(prescription plan only)
• ICON Benefits Administrators, Inc. of Lubbock, TX
• National Prescription Administrators of East Hanover, N.J.
(prescription plan only)
• Intracorp of Dallas, TX (medical management program)
The responses were evaluated by the City's consultant, Randy Martell,
Insurance Partners Southwest. The results were presented to Quincy
White, Assistance City Manager, Mary House, Managing Director of
Human Resources, Scott Snider, Assistant Director of Human Resources,
and Lou Moore, Benefits Coordinator. These employees evaluated the
information and made the final recommendation.
Staff recommended that City Council reject all proposals at this time.
(25.) Resolution No. 2001-R0501 authorizing the Mayor to execute a
renewal of contract with BlueCross BlueShield of Texas to the group
health insurance plan.
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Page 383
RESOLUTION NO. 2001-RO501
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 between the City
of Lubbock and B1ueCross BlueShield of Texas for insurance renewal for the City of
Lubbock, 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 3rd day of December, 2001.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Mary House
Mary House
Managing Director of Human Resources
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-R0501.
The health insurance plan has been provided through B1ueCross
BlueShield of Texas (BCBSTX) since December 1, 1999. The City of
Lubbock provides medical, prescription and dental insurance for all full-
time City of Lubbock employees. Employees have the option to purchase
medical, prescription, and dental insurance for an eligible spouse and/or
eligible dependent. Retirees have the option to purchase medical and
prescription coverage for themselves and eligible dependents.
The annual cost to the City for the employee health insurance is
approximately $7,576,695. The costs to the City budget will remain the
same for calendar year 2002, but the 6% increase in claims liability and
administrative costs will be absorbed by the health insurance fund. The
employee and retiree premiums will not increase in 2002.
The contract effective December 1, 1999 between BCBSTX and the City
of Lubbock is attached. The renewal is the second of two option years for
renewal. Exhibit 1 of the contract will be exchanged with a new Exhibit 1
in substantially the same form. The information for the amended Exhibit
1 is attached and the official document will be provided to the City of
Lubbock for signature before December 31, 2001.
Staff recommended approval of this resolution.
Next item to be considered was Item No. 27.
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(26.) Resolution No. 2001-R authorizing the Mayor to execute and
interlocal agreement between the Lubbock Reese Redevelopment
Authority and the City of Lubbock.
This item was deleted.
(27.) Resolution No. 2001-RO502 authorizing the Mayor to execute a
supplemental grant agreement by and between Market Lubbock, Inc.
and the City of Lubbock.
RESOLUTION NO. 2001-RO502
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 Supplemental Grant
Agreement, by and between the City of Lubbock and Market Lubbock Economic
Development Corporation for economic development services, and all 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 Council.
Passed by the City Council this 3rd day of December, 2001.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Debra Forte
Debra Forte', Deputy City Manager
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Agreement is filed with Resolution No. 2001-R0502.
The City of Lubbock and Market Lubbock Inc. entered into a Grant
Management Agreement on January 19, 1996. Provisions within this
agreement allow for separate grants of funds for specific projects to
Market Lubbock, Inc.
The agreement to be considered is to provide an economic development
incentive through the use of funds totaling $3,000,000 for Market
Lubbock, Inc. to transfer funds for Fleming Foods, Wells Fargo,
Industrial Molding, Bigham Brothers and Digicom PCS.
Funds for the agreement are to come from the Community Investment
Fund. A budget change resolution is necessary if the resolution is
approved.
Staff recommended approval of this resolution.
(28.) Resolution No. 2001-RO503 authorizing the Mayor to make changes to
the City of Lubbock FY2001-02 Community Investment Fund Budget.
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Page 385
RESOLUTION NO. 2001-RO503
WHEREAS, Section 102.010 of the Local Government Code of the State of
Texas authorizes City Councils to make changes in budget for municipal purposes; and
WHEREAS, in accordance with the City Budget Ordinance, the City Manager is
authorized to make transfers between funds, accounts, departments or programs for City
purposes; and
WHEREAS, the City Council deems it advisable to change the budget for
municipal purposes and reallocate funds as follows; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City Manager of the City of Lubbock is hereby
authorized and directed to make the following changes to the City of Lubbock Budget for
municipal purposes:
Revenue and Expenditures in the Community Investment Fund will be changed to
account for a supplemental grant agreement by and between the City of Lubbock and
Market Lubbock Inc. and an interlocal agreement between the City of Lubbock and
Lubbock Reese Redevelopment Authority. The attached outlines the specific changes.
SECTION 2. THAT a copy of the change made to the City of Lubbock Budget
pursuant to the Resolution shall be filed with the City Secretary and County Clerk of
Lubbock as required by law.
Passed by the City Council this 3rd day of December, 2001.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Debra Forte'
Debra Forte', Deputy City Manager
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A change to the Community Investment Fund Budget will be necessary upon
approval of 1) a resolution authorizing the Mayor to authorize assignment of
funds to Market Lubbock, Inc. and; 2) a resolution authorizing a Supplemental
Grant Agreement by and between the City of Lubbock and Market Lubbock
Inc.
A resolution is being considered to execute a new interlocal agreement
authorizing assignment of the funds associated with and for the purpose of
conducting marketing activities in an interlocal agreement between the
Lubbock Reese Redevelopment Authority and the City of Lubbock to
Market Lubbock, Inc. The final two years of quarterly payments or
$890,695 would be assigned to Market Lubbock Inc. and would be
utilized only for the marketing of Reese Properties.
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The other resolution being considered is an economic development
incentive to be provided through the use of funds totaling $3,000,000 for
Market Lubbock, Inc. to transfer funds to Fleming Foods, Wells Fargo,
Industrial Molding, Bigham Brothers and Digicom PCS.
Staff recommended approval of this resolution
(29.) Resolution No. 2001-RO504 supporting the Lubbock Chamber of
Commerce and the Texas Association for Rail Passengers in the effort
to encourage Amtrak to establish rail service between Fort Worth,
Texas and Denver, Colorado through Lubbock.
RESOLUTION NO. 2001-RO504
WHEREAS, Highway, air, and rail transportation all contribute to a city's
accessibility, commerce, and economic vitality, and possessing a variety of transportation
options is important to our local business climate; and,
WHEREAS, Lubbock continually seeks to expand its transportation options and
improve the transportation infrastructure which is already in place; and
WHEREAS, Amtrak has begun the process of proposing the construction of a
standard train route between Fort Worth, Texas, and Denver, Colorado; and,
WHEREAS, The Texas Association for Rail Passengers and the Lubbock
Chamber of Commerce have expressed strong interest and promoted the Caprock Chief
Route that links Fort Worth and Denver via Lubbock as their choice for the proposed
route; and,
WHEREAS, The Caprock Chief Route will restore Lubbock's passenger rail
service and will contribute to our city's accessibility, commerce, and economic vitality,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK:
THAT the Mayor and the City Council do hereby support the Lubbock Chamber
of Commerce in encouraging Amtrak to strongly consider providing connecting rail
service between Fort Worth and Denver through the great City of Lubbock, Texas.
Passed by the City Council this 3rd day of December, 2001.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Tony Privett
Tony Privett
Corporate Communications Manager
APPROVED AS TO FORM:
/s/ Anita Burgess
Anita Burgess, City Attorney
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Page 387
The Lubbock Chamber of Commerce recently passed a resolution
supporting the creation of a Fort Worth to Denver passenger service line
by Amtrak. If this line were to be established, it would bring passenger
rail service back to Lubbock. The Lubbock Chamber has asked the City
Council to pass a resolution similar to their own.
Staff recommended approval of this resolution.
(30.) BID #208-01/RS Water Service System Renovations (Water Utilities)
and reject all bids.
In order to meet TNRCC requirements, two-inch main lines along 23`d
Street and 24`' Street between University and Avenue X need to be
replaced with four -inch main lines in the alleys. This bid involves the
installation of new service lines installed from the front of each private
property to the main line in the alley.
The only bid is $77,721 from Hub City Plumbing & Mechanical of
Lubbock, Texas and is not within the budgeted amount set aside for this
project.
Staff recommended that City Council reject this bid.
(31.) Resolution No. 2001-R0505/RFP #218-01/RS -for Professional Services
for Mausoleum Sales and Development (Parks & Recreation).
RESOLUTION NO. 2001-RO505
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 professional
services for mausoleum sales and development, by and between the City of Lubbock and
Crouch & Associates, Ltd., 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 3rd day of December, 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-R0505.
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Page 388
This project involves Mausoleum sales and development at the City of
Lubbock Cemetery. The City received one proposal from Crouch and
Associates, Ltd. to develop and sell mausoleum crypts and niches. Crouch
and Associates was established in 1982 and provides services for non-
profit and city cemeteries. Crouch and Associates provides all of the
funding, knowledge of mausoleum sales and development and personnel to
see mausoleum projects through from start to finish. This is accomplished
with no out-of-pocket cost to taxpayers. The program is designed to
conserve land and create a revenue stream that would far exceed revenues
from ground property sales. Typical mausoleum programs require large
capital expenditures by the cemetery. Crouch and Associates will provide
full funding for the project that includes payment of up -front advertising
and sales costs as well as the construction costs. Proposal highlights
include the following:
Benefits:
• Complete funding for construction of project.
• Increased revenue.
• Beautification of the cemetery.
• Greater service to community by offering a wider variety of
memorial selections.
• Provide perpetual care funds for future maintenance costs.
Sales Projection:
Total # of Casket Spaces to be Constructed 1,176
Average Retail Sales Price per Casket Space $ 3,400
Total Number of Niches 200
Average Retail Sales Price per Niche $ 1,155
Revenue to the Cemetery (Short -Term):
Land Usage Fee $ 12,000
Lifting Devise Purchased by Crouch and Assoc. $ 10,000
Ten Percent of Crypt Sales $ 399,840
Ten Percent of Niche Sales $ 23,100
Projected Short -Term Revenue $ 444,940
Revenue to the Cemetery (Long -Term):
Future Crypts Openings and Closings $ 441,000
Future Niche Openings and Closings 25,000
Projected Long -Term Revenue $ 466,000
Total Projected Revenue $ 910,940
(32.) Resolution No. 2001-R0506/RFP #223-01/RS —Consider one Resolution
for Engineering Services for the Rehabilitation of Pump Station #4
Gallery (Water Utilities).
RESOLUTION NO. 2001-RO506
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 between the
City of Lubbock and Parkhill, Smith & Cooper, Inc., for engineering services, and all
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.
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Regular City Council Meeting
December 3, 2001
Page 389
Passed by the City Council this 3rd day of December, 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/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Agreement is filed with Resolution No. 2001-R0506.
This contract is for engineering services for the rehabilitation of the pipe
gallery at pump station #4 located at 202 North Interstate 27. The services
will include developing plans and specifications for the rehabilitation as
well as providing oversight and inspection of all construction. Proposals
were received from the following firms:
Parkhill, Smith & Cooper, Inc. of Lubbock, Texas
Alan Plummer Associates, Inc. of Fort Worth, Texas
Enprotec of Lubbock, Texas
Oiler Engineering, Inc. of Lubbock, Texas
The selection committee evaluated the proposals using the methods and
criteria prescribed by the City of Lubbock Purchasing Department. The
evaluation criteria in the RFP included: 1) Past similar project experience
(40%), 2) Proposer's experience, qualifications, and history (40%), 3)
Availability during project (10%), and 4) Responsiveness to the RFP
(10%). The ranking of the four firms was as follows:
1. Parkhill, Smith & Cooper, Inc. 94.00
2. Alan Plummer Associates, Inc. 85.33
3. Oiler Engineering, Inc. 85.00
4. Enprotec 83.67
Reference checks were performed on all four firms and all were found to
be qualified to undertake this project. However, because of their extensive
experience in these types of projects, the evaluation committee
recommended contract award to Parkhill, Smith & Cooper. The contract
amount of $40,700 is within the Pipe Gallery Rehabilitation Budget for
Professional Services.
Regular City Council Meeting
December 3, 2001
Page 390
(33.) BID #224-01/RS installation of Water Service Lines (Water Utilities) and
reject all bids.
A routine investigation of the main lines along 23`d Street and 24' Street
between University and Avenue X indicates that the minimum service
requirements designated by the TNRCC can no longer be met using the
existing lines. The existing two-inch main lines will need to be replaced
with four -inch main lines. The new lines need to be relocated to run
through the alley. New service lines will then be installed from the front
of each dwelling or property to the alley. This bid involves contracting a
private plumber to run the new service lines.
The low bid is $128,059 from L. Howard Construction of Abernathy,
Texas and is not within the budget. Staff recommended that City Council
reject all bids.
(34.) Resolution No. 2001-R0507/BID #237-01/RS —for Cab & Chassis With
Aerial Devices & Utility Body (Fleet Services).
RESOLUTION NO. 2001-RO507
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 ITB
#237-01/RS for a cab & chassis with aerial devices and utility body, by and between the
City of Lubbock and Altec Industries, Inc. of St. Joseph, Missouri, 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 3rd day of December, 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 Purchase Order is filed with Resolution No. 2001-R0507
.This bid is for the purchase of cab and chassis with aerial devices and
utility bodies for Traffic Engineering, Electric Distribution Underground,
Electric Distribution Overhead, and Electric Distribution Substation.
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Page 391
The low bids total $575,355 from Altec Industries of St. Joseph, Missouri
and are within the Capital Outlay -Traffic Computer System Design and
Electric Fund Vehicle Replacement budgets.
(35.) Resolution No. 2001-R0508/BID #258-01/RS —for Truck Mounted
Aerial Platform (Fleet Services).
RESOLUTION NO. 2001-R0508
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 ITB
#258-01/RS for a truck mounted aerial platform, by and between the City of Lubbock
and Time Manufacturing Company of Waco, 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 3rd day of December, 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 Purchase Order is filed with Resolution No. 2001-R0508.
This bid is for the purchase of one truck mounted aerial platform for the
Traffic Department.
The low bid is $38,635 from Time Manufacturing Company of Waco,
Texas and is within the Capital Outlay -Motor Vehicle Replacement
budget.
(36.) Resolution No. 2001-R0509/BID #263-01/RS —for Light Duty Truck
(Fleet Services).
RESOLUTION NO. 2001-R0509
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 ITB
#263-01/RS for a light duty truck, by and between the City of Lubbock and Lawrence
Marshall Chevrolet of Hempstead, Texas, and related documents. Said Purchase Order
is attached hereto and incorporated in this resolution as if fully set forth herein and shall
be included in the minutes of the City Council.
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Page 392
Passed by the City Council this 3rd day of December, 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 Purchase Order is filed with Resolution No. 2001-R0509.
This bid is for the purchase of two replacement light duty trucks for the
Pipeline Maintenance Department.
The low bid is $36,016 from Lawrence Marshall Chevrolet of Hempstead,
Texas and is within the Equipment Capital Outlay -Light Vehicle
Replacement budget.
(37.) BID #265-01/RS —Fuel & Lube Service Body (Fleet Services) and
reject all bids.
This bid is for the purchase of a new Fuel and Lube Service Body to be
mounted on a city owned cab & chassis.
The low bid is $69,727 from E.G Hendrix Company of San Antonio,
Texas and is not within the Capital Outlay -Solid Waste Fund budget.
Staff recommended that City Council reject all bids.
(38.) Resolution No. 2001-R0510/BID #266-01/RS -€or Water Utilities
Electrical Shop Building & Equipment Operations (Water Utilities).
RESOLUTION NO. 2001-RO510
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 the water
utilities electrical shop building & equipment operations, by and between the City of
Lubbock and Hunter Construction Company of Lubbock, Texas, and related documents.
Said contract is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
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Regular City Council Meeting
December 3, 2001
Page 393
Passed by the City Council this 3rd day of December, 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-R0510.
This bid is for the construction of two separate buildings at the Water
Treatment Plant at 6001 North Guava. The first building is an electrical
equipment maintenance shop building to be used as office space, training
facility, equipment repair shop, and parts warehouse for the Electrical
Instrumentation group. The second building is to be used to install
sensitive water quality monitoring devices in a central location to enable a
direct interface with the SCADA system.
The low bid is $376,642 from Hunter Construction of Lubbock, Texas
and is within the System Capital Outlay -Water Treatment Plant budget.
(39.) Resolution No. 2001-R0511/BID #270-01/RS —for Fire Station Vehicle
Exhaust Systems (Facilities Management).
RESOLUTION NO. 2001-RO511
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 fire station
vehicle exhaust systems, by and between the City of Lubbock and Air Cleaning
Technologies of Broken Arrow, Oklahoma, 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 3rd day of December, 2001.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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Page 394
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-R0511.
This bid is for the installation of vehicle exhaust systems for the fire engines at
Fire Stations 1, 3, 10, 12, and 14. These systems will attach to the exhaust of
the fire engines to prevent the build up of exhaust fumes and gases.
The low bid is $98,596 from Air Clean Technologies, Inc. of Broken
Arrow, Oklahoma and is within the Building Capital Outlay -Fire Station
Exhaust System budget.
(40.) Resolution No. 2001-R0512/BID #272-01/RS -for McAlister Park
Ballfield Lighting Materials (Park Development).
RESOLUTION NO. 2001-RO512
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 ITB
#272-01/RS for McAlister Park Ballfield lighting materials, by and between the City of
Lubbock and Southwestern Electric Supply Company of Lubbock, 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 3rd day of December, 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 Purchase Order is filed with Resolution No. 2001-R0512.
This bid is for the purchase of lighting materials for the McAlister Park
Ballfield. The improvements will include the development of a fourplex
designed little league baseball complex (three at this time) which consists
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Regular City Council Meeting
December 3, 2001
Page 395
of field lighting, irrigation, concession stand, restroom, press box,
concrete work, fencing, and ADA accessible parking and circulation.
This bid is for the field lighting portion of the development and city
personnel will install the lighting. This project will free up the existing
fields for practice facilities and establish a tournament -grade facility in
response to one of the five highest priorities as established in the Lubbock
Comprehensive Parks/Recreation and Open Space Master Plan five-year
action plan
-- The low bid meeting specification is $96,970.40 from Wesco Distribution
Inc. of Lubbock, Texas and is within the System Capital Outlay -McAlister
Park Development budget.
(41.) Resolution No. 2001-R0513/RFQ #287-01/RS — for 18/24/30 WA
Transformer With Cover Mounted Secondary (Electric Distribution).
RESOLUTION NO. 2001-RO513
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 RFQ
#287-01/RS for 18/24/30 MVA transformers with cover mounted secondary, by and
between the City of Lubbock and Pauwells United States, Inc. of Washington, Mo., 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 3rd day of December, 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 Purchase Order is filed with Resolution No. 2001-R0513.
This bid is for the purchase of a 30MVA Power Transformer for a $3
million capital project to construct Thompson Substation in Southwest
Lubbock. The substation will provide additional capacity, reliability and
security for the current LP&L transmission system.
The low bid is $365,176 from Pauwels United States, Inc. of Washington,
MO and is within the System Capital Outlay Southwest Substation budget.
Staff recommended award of each bid to the bidder as indicated on the tab
sheets and award of each contract as shown on the resolutions and that the
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Regular City Council Meeting
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Page 396
Mayor be authorized to execute all documents necessary for each
transaction.
Next to be considered was Item No. 17.
PUBLIC HEARINGS
ZONING
(42.) Ordinance No. 2001-00096/Zone Case No. 1893-X (south of Erskine
Street and west of North Hyden Avenue): Hold a public hearing to
consider request of Ron Betenbough (for Shadow Hills I, Ltd.) for a
zoning change from R-1 to R-1 Specific Use for a minimum 20-foot
front setback on an unplatted 15.68-acre tract of land out of Section 2,
Block JS, and to consider ordinance.
ORDINANCE NO. 2001-00096
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1893-X; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE ZONING FOR A MINIMUM 20 FOOT FRONT SETBACK ON AN
UNPLATTED 15.68 ACRE TRACT OF LAND OUT OF SECTION 2, BLOCK JS,
LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:05. a. m. No one appeared
in opposition. Mayor Sitton closed the hearing at 11:07 a. m.
The proposal is Specific Use for zoning that would accommodate twenty
feet of front setback. The twenty foot setback in residential has become
the standard during the last several years. In addition, the developer is in
agreement with landowners to the east to require a minimum square
footage of homes for lots that front or side Hyden.
Adjacent land use is residential or vacant in all directions, except for the
golf course portion to the south.
The proposal is consistent with the Comprehensive Land Use Plan.
Original complaints from owners of lots to the east were based on a
misunderstanding of what style home was proposed. This request is a new
start, and has been agreed by the adjacent owners.
The proposal should have no greater impact on the thoroughfare system
than anticipated.
Mr. Betenbough .agrees with a request of the homeowners east of Hyden
to build homes with a minimum of 1,600 square feet on the lots that front
or side to Hyden. This will create a smooth transition between these two
sections of the Shadow Hills addition.
The Planning and Zoning Commission recommended approval of this
request subject to the following conditions:
A minimum twenty -foot front setback shall be required.
For lots fronting or siding to North Hyden, the minimum air-conditioned
square footage of each home shall be 1,600.
Staff recommended approval of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to approve Ordinance No. 2001-00096.
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Regular City Council Meeting
December 3, 2001
Page 397
Motion carried: 7 Yeas, 0 Nays. Councilmember Nelson also requested
that inherent in the motion is acceptance of agenda comments and
backgrounds materials associated with this item.
(43.) Ordinance No. 2001-00097/Zone Case No. 2170-A (1710 and 1712 22nd
Street): Hold a public hearing to consider request of Hugo Reed and
Associates (for Lubbock Audio Visual Inc.) for a zoning change from
R-2 to C-3 Specific Use for reduced front setback and reduced parking
on the East half of Lot 20, Lot 21 and the west 29.62 feet of Lot 22,
Block 9, McCrummen Second Addition, and to consider ordinance.
ORDINANCE NO. 2001-00097
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2170-A; A ZONING CHANGE FROM R-2 TO C-3
SPECIFIC USE ZONING ON THE EAST HALF OF LOT 20, LOT 21 AND THE
WEST 29.62 FEET OF LOT 22, BLOCK 9,MCCRUMMEN SECOND ADDITION,
LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:05. a. m. No one appeared
in opposition. Mayor Sitton closed the hearing at 11:07 a. in.
The proposal would accommodate an expansion of an existing business at
22nd Street and Avenue Q. The request is Specific Use to accommodate
several site constraints.
Adjacent land uses:
North
- commercial and parking
South
- residential
East -
commercial
West -
residential
The proposal is not consistent with the current Comprehensive Land Use
Plan. If the request is approved, the fact that this represents a minor
change to the Plan is recommended by the Planning Commission and is
noted in the draft ordinance.
Zoning policy is the greatest part of the discussion. A somewhat defined
line of strip zoning has evolved along the west side of Avenue Q over the
years. This case would "jut out" further into the residential area more
than adjacent commercial parcels. One interesting facet of this block
between 21" and 22nd Streets is that a majority of the west end (all of the
lots on 21S` except one and one lot on 22nd) has been developed as parking
for SW Bell within an exception approved by the Zoning Board of
Adjustment.
The proposed building is all that will be there with a similar setback to the
existing building. No outside use will occur. Outdoor storage would not
be allowed and is not proposed.
The greatest development related issue is parking. The proposed building
addition is from 10,000 to 13,200 square feet. The thirteen new parking
spaces, at the most liberal ratio in C-3 of 1/300, would accommodate
3,900 square feet. While the current business does not need the parking,
the problem with approval of a larger building relates to future uses. The
building may be under -parked for most future uses. The Planning
Commission was comfortable with this aspect of the request, making the
case somewhat routine.
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Page 398
The staff has always attempted to accommodate businesses remaining in
older locations if the expansion proposal does not negatively affect an
area. Numerous zone cases along Avenue Q have been structured in the
same manner as proposed in this request. As noted, if the Commission is
comfortable with the fact that staff may be creating the circumstances for a
parking problem with a future user of the building, the staff supports the
request. All of the buildings in this immediate area do not provide
parking at current required amounts.
The Planning Commission heard a request from Mr. Cox, the lone
homeowner on 2151 Street. He asked that no fence be required along the
alley so no one could hide behind it. With the proposed parking on the
alley, no fence is proposed. The site plan does illustrate a screening fence
for the home to the west and an optional fence along 22°1 Street equal in
setback to the existing building.
Planning and Zoning Commission recommended approval of this request
subject to the following condition:
That it be tied to the approved site plan.
Staff recommended approval of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to approve Ordinance No. 2001-00097.
Motion carried: 7 Yeas, 0 Nays. Councilmember Nelson also requested
that inherent in the motion is acceptance of agenda comments and
backgrounds materials associated with this item.
(44.) Ordinance No. 2001-000098/Zone Case No. 2383-B (4602 North Loop
289): Hold a public hearing to consider request of Hugo Reed and
Associates (for North Loop Properties) for a zoning change from AM
Specific Use and C-2A to C-3 on an unplatted 8.2-acre tract of land
out of Section 22, Block A, and to consider ordinance.
ORDINANCE NO. 2001-00098
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2383-B; A ZONING CHANGE FROM AM
SPECIFIC USE AND C-2A TO C-3 ZONING ON AN UNPLATTED 8.2 ACRE
TRACT OF LAND OUT OF SECTION 22, BLOCK A, LUBBOCK, TEXAS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:05. a. m. No one appeared
in opposition. Mayor Sitton closed the hearing at 11:07 a. m.
This request and the next are contiguous. The request in this case is a
cleanup for property along Loop 289 to be zoned C-3 versus the remnant
of R-1 (that was AM Specific Use for a motel) and a C-2A parcel.
Adjacent land uses:
North
- SurgiCenter
South
- vacant
East -
vacant
West -
vacant
The request is consistent with both the Comprehensive Land Use Plan and
zoning policy.
Regular City Council Meeting
December 3, 2001
Page 399
The proposal should have no negative effect on the thoroughfare system.
Planning and Zoning Commission recommended approval of this request.
Staff recommended approval of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to approve Ordinance No. 2001-00098.
Motion carried: 7 Yeas, 0 Nays. Councilmember Nelson also requested
that inherent in the motion is acceptance of agenda comments and
backgrounds materials associated with this item.
(45.) Ordinance No. 2001-00099/Zone Case No. 2573-C (4802 North Loop
289): Hold a public hearing to consider request of Hugo Reed and
Associates (for North Loop Properties) for a zoning change from R-1
and R-2 to AM on an unplatted 23.3-acre tract of land out of Section
22, Block A, and to consider ordinance.
ORDINANCE NO. 2001-00099
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2573-C; A ZONING CHANGE FROM R-1 AND R-2
TO AM ZONING ON AN UNPLATTED 23.3 ACRE TRACT OF LAND OUT OF
SECTION 22, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:05. a. in. No one appeared
in opposition. Mayor Sitton closed the hearing at 11:07 a. in.
The proposal is an area west of an area developed recently as a
SurgiCenter, where additional future development will provide medical
offices. The requested AM district will provide for a hospital and all
medically related uses.
Adjacent land uses:
North - vacant
South - vacant and Loop 289
East - vacant and new SurgiCenter
West - vacant, zoned residential
The proposal is reasonably consistent with Comprehensive Land Use Plan
policy. The motion from the Planning Commission recommended a minor
change to the Plan. The proposed development along the Loop is C-3,
with this AM to the northwest. The new medical complex will provide a
buffer of that C-3 for the remaining R-1 to the west.
The proposal is consistent with zoning policies.
The project will have no greater effect on the thoroughfare system than
anticipated. Development in this area will step up the need for Erskine to
be improved beyond the current two-lane strip paving. The street is a
designated thoroughfare on the Master Thoroughfare Plan.
The Planning and Zoning Commission recommended approval of this
request.
Staff recommended approval of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to approve Ordinance No. 2001-00099.
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Motion carried: 7 Yeas, 0 Nays. Councilmember Nelson also requested
that inherent in the motion is acceptance of agenda comments and
backgrounds materials associated with this item.
(46.) Ordinance No. 2001-00100/Zone Case No. 2832-B (north of 82"d
Street and east of Avenue U): Hold a public hearing to consider
request of Hugo Reed and Associates (for Lubbock Land Company) to
amend the conditions of Ordinance 2001-00056 to allow 5-foot side
setbacks specified lots within an unplatted 11.4-acre tract of land out
of Section 4, Block E, and to consider ordinance.
ORDINANCE NO. 2001-00100
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2832-13; AMEND ORDINANCE NO. 2001-00056 TO
ADD A CONDITION ALLOWING FOR 5 FOOT SIDE SETBACKS ON SPECIFIED
LOTS WITHIN AN UNPLATTED 11.4 ACRE TRACT OF LAND OUT OF SECTION
4, BLOCK E, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO
CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Sitton opened the public hearing at 11:05. a. m. No one appeared
in opposition. Mayor Sitton closed the hearing at 11:07 a. m.
In a previous zone case, the lot descriptions in an ordinance condition to
allow a five-foot side setback adjacent to streets were incorrect. This
request is to amend ordinance condition #2 with correct lot numbers. The
two other conditions shall remain, allowing a twenty -foot front setback
(five feet on cul-de-sac lots) and a minimum lot size of 4,000 square feet.
Adjacent land use is residential in all directions.
The request is consistent with the Comprehensive Land Use Plan.
Zoning requirements are the only topic for discussion in this request. As
discussed during several previous zone cases, the required side setback for
single family residences adjacent to a street has been ten feet since 1955.
That setback is intended to create openness along streets to allow visual
access for drivers. However, Lubbock has no setback requirement for
privacy fencing, thus the practical side setback on most homes is zero, not
ten feet, at least for the backyard portion.
With the smaller lots in this subdivision, the five-foot setback should be in
scale with the balance of the development.
The proposal will have no effect on the thoroughfare system.
Planning and Zoning Commission recommended approval of this request
subject to the following condition:
For lots 64, 72, 73, 79, 80, 86, 87, 93, 94, 100, 101, 107, 108, 114, 115
and 124 the side setback adjacent to a street shall be a minimum of five
feet. No portion of a structure may be in the visibility triangle.
Staff recommended approval of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to approve Ordinance No. 2001-00100.
Motion carried: 7 Yeas, 0 Nays. Councilmember Nelson also requested
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that inherent in the motion is acceptance of agenda comments and
backgrounds materials associated with this item.
(47.) Ordinance No. 2001-00101/Zone Case No. 2923 (8701 Upland Ave):
Hold a public hearing to consider request of Raleigh Hudzietz (for
Westwood Evangelism Center) for a zoning change from T to A-2
limited to church and church related uses on Tract A, Westwood
Addition, and to consider ordinance.
ORDINANCE NO. 2001-00101
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2923; A ZONING CHANGE FROM T TO A-2
ZONING LIMITED TO CHURCH AND CHURCH RELATED USES ON TRACT A,
WESTWOOD ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:05. a. in. No one appeared
in opposition. Mayor Sitton closed the hearing at 11:07 a. m.
The zone case will accommodate a church that is existing. The church is
in the area annexed in 1999 and is nonconforming. The church is a
permitted use within the deed restrictions of the Westwood subdivision
that was developed outside the City limits.
Adjacent land use:
North - vacant
South - vacant
East - residential
West - commercial and vacant
The request is consistent with the Comprehensive Land Use Plan and
zoning policies. The Plan indicates the most desirable location for
churches is adjacent to thoroughfares, on the perimeter of neighborhoods.
This location meets both criteria.
The proposal will not have any negative effect on the thoroughfare system.
Planning and Zoning Commission recommended approval of this request
subject to the following condition:
A-2 limited to church and church related uses.
Staff recommended approval of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to approve Ordinance No. 2001-0101. Motion
carried: 7 Yeas, 0 Nays. Councilmember Nelson also requested that
inherent in the motion is acceptance of agenda comments and backgrounds
materials associated with this item.
(48.) Ordinance No. 2001-00102/Zone Case No. 2537-C (7302 19`b Street):
Hold a public hearing to consider request of Hugo Reed and
Associates (for Westar Commercial Realty) to amend the conditions of
Ordinance 8813 to allow used car sales on an unplatted 1.49-acre tract
of land out of Section 1, Block D-6, and to consider ordinance.
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Regular City Council Meeting
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Page 402
ORDINANCE NO. 2001-00102
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2537-C; AMEND ORDINANCE NUMBER 8813 BY
AMENDING THE CONDITIONS BY ALLOWING USED CAR SALES ON AN
UNPLATTED 1.49 ACRE TRACT OF LAND OUT OF SECTION BLOCK D-6,
LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO AMENDED
CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Sitton opened the public hearing at 11:05. a. m. No one appeared
in opposition. Mayor Sitton closed the hearing at 11:07 a. m.
The parcel was zoned in 1985 with a condition common to most cases
adjacent to 19`' and west of Loop 289. The "West 19'h Policy District" is
an unofficial term used for zone cases along 19`h as C-4 with a "strike list"
from the 70's until recently. The strikes varied between cases but
common to all is the prohibition of uses including used cars, billboards,
used furniture, motorcycle shops, pawn shops and nightclubs. Prior to
1999, all of the used car sales in the area west of Loop 289 were annexed
and are nonconforming. In 1999, for the first time since the 70's, a case
was approved on the lot to the west of this corner that allows sales of used
vehicles.
Discussion during that case seemed to agree that most used vehicle
dealerships being opened these days are not the car lots of old. The
original strike list seems to have been a reaction against the old Avenue H
style of pawn and auto businesses.
Adjacent land use is commercial in all directions.
The request is consistent with the Comprehensive Land Use Plan. C-4
zoning is recommended for U.S. highways and regional thoroughfares.
As discussed above, zoning policy is the question. The Planning
Commission agreed that a used vehicle business is not a detraction from
this major entryway into Lubbock, as was the theory during the previous
twenty years.
Mitigation of any concern for amending the current ordinance to allow one
of the prohibited uses would be a site plan approval prior to a construction
permit. Looks, not so much the actual use, seem to have been the primary
concern in the past. Several major car dealerships are at the intersection
of Loop 289 and 19`h, and do not seem to be a detriment to the area.
Approval of the change should not affect the thoroughfare system.
Planning and Zoning Commission recommended approval of this request
subject to the following condition:
A site plan, including building elevations showing materials, color and
texture, shall be submitted and approved by the Planning and Zoning
Commission prior to the issuance of a building permit.
Staff recommended approval of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to approve Ordinance No. 2001-00102.
Motion carried: 7 Yeas, 0 Nays. Councilmember Nelson also requested
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Page 403
that inherent in the motion is acceptance of agenda comments and
backgrounds materials associated with this item.
(49.) Ordinance No. 2001-00103/Zone Case No. 2294-B (east of Indiana
Avenue between 98`h Street and 103" Street): Hold a public hearing to
consider request of Hugo Reed and Associates (for Westar
Commercial Realty) for a zoning change from A-1 and A-2 to C-2 on
an unplatted 2.66-acre tract of land and GO (Garden Office) on an
unplatted 8.85-acre tract of land (GO) out of Section 19, Block E-2,
and to consider ordinance.
ORDINANCE NO. 2001-00103
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2294-13; A ZONING CHANGE FROM A-1 AND A-2
TO C-2 ZONING ON AN UNPLATTED 2.66 ACRE TRACT OF LAND AND GO
(GARDEN OFFICE) ZONING ON AN UNPLATTED 8.85 ACRE TRACT OF LAND
OUT OF SECTION 19, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Sitton opened the public hearing at 11:05. a. in. No one appeared
in opposition. Mayor Sitton closed the hearing at 11:07 a. in.
The request is in the vicinity of the All Saints School, on the Indiana side,
south of 98'.
Adjacent land uses:
North - vacant, zoned C-2
-- South - zoned A-2, property of All Saints
East - All Saints and a playa
West - residential west of Indiana
The request is reasonably consistent with the principles of the
Comprehensive Land Use Plan. The playa located in the immediate
vicinity has made the two east corners of 98`' and Indiana difficult to
design. The Planning Commission recommendation includes a minor
change to the Plan.
The request is consistent with zoning policies. The C-2 portion will be
joined to the C-2 that is already in place to the north.
The staff would like to make note that the Garden Office portion of the
case should not be used as a stepping stone to a future commercial district,
since the property to the west is developed as residential. Those neighbors
may prefer the proposed offices versus the current apartment zoning, but
open commercial would not be consistent with the Comprehensive Land
Use Plan.
The proposal should have little overall effect on the thoroughfare system.
Planning and Zoning Commission recommended approval of this request.
Staff recommended approval of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to approve Ordinance No. 2001-00103.
Motion carried: 7 Yeas, 0 Nays. Councilmember Nelson also requested
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Page 404
that inherent in the motion is acceptance of agenda comments and
backgrounds materials associated with this item.
(50.) Ordinance No. 2001-00104/Zone Case No. 2437-E (west of Homestead
Avenue and north of 82°1 Street): Hold a public hearing to consider
request of Paula Ammons (for Master Cleaners) for a zoning change
from A-2 to C-3 on an unplatted 3.75-acre tract of land out of Section
29, Block AK, and to consider ordinance.
ORDINANCE NO. 2001-00104
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2437-E; A ZONING CHANGE FROM A-2 TO C-2
AND C-3 SPECIFIC USE ZONING ON AN UNPLATTED 3.75 ACRE TRACT OF
LAND OUT OF SECTION 29, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Mayor Sitton opened the public hearing at 11:13 a. m. Terry Holman
appeared on behalf of Hugo Reed. No one appeared in opposition.
Mayor Sitton closed the hearing at 11:30 a. m.
The request is to rezone property currently zoned for church and church
related. The proposed zoning district is C-3.
Adjacent land uses:
North - elementary school
South - -commercial
East - church
West - church zoning
The request represents a minor change to the Comprehensive Land Use
Plan. The recommendation of the request by the Planning Commission
includes that the north and south sides of 82"d from corner of Frankford
west to the intersection of Huron be illustrated as commercial on the Plan.
This configuration will match the commercial zoning on the south side of
82' street.
The staff has had several discussions with the owners and future users of
the property. The Zoning Code requires a screening fence between
commercial and adjacent residentially zoned property, which is the
Frenship school site in this case. The staff is of the opinion that the bulk
of the commercial should be screened from the school. Since the
commercial property owners desire to have access from 8? , as well as a
reduced required setback from the north property line, the staff discussed
the following with the Commission:
• Structure the C-3 zoning as Specific Use, allowing a twenty-five
foot setback from the north property line.
• Allow the east 100-foot lot to remain unfenced, with one curb cut
to 81s' Street.
Require that a twenty -foot public access easement be dedicated on
the north side of the lots adjacent to 815` Street as they are platted.
• No additional curb cut shall be allowed to 81s` Street except within
the west 100 feet of the north line of the lots along 815`, in the
vicinity of Huron.
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Regular City Council Meeting
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With the withdrawal of the west portion of the property from this zone
case, for the time being, the staff recommended leaving the allowance for
a curb cut only on the west end of the block regardless of whether the
church develops the property or submits a new commercial zone case in
the future. While the staff expressed some concern about any curb cuts on
81s' Street because of the school, the proposal for only two would be a
compromise.
After extensive discussion about allowing a curb cut on the two end lots
(even with an access easement between) and not all of the future lots, the
Planning Commission concluded that no curb cuts to 81" Street would be
most equitable to the commercial owners and would solve the potential for
congestion on 81" Street adjacent to the school.
The Planning and Zoning Commission recommended approval of this
request subject to the following conditions:
1. That there be a screening fence on 815` Street.
2. That there be no curb cuts on 81S` Street.
3. That there be one curb cut per 100 feet on 82" Street.
4. That there be a twenty-five foot setback from 81s' Street.
The proponent may continue to request the 815` Street curb cuts. If the
Council agrees with the Planning Commission (no curb cuts on 8l't), the
proponent intends to request a relaxation of the one cut per 100 feet (as
normally allowed by the Code) would cause congestion on 82nd Street.
Staff has asked the proponents to suggest any alternatives.
Staff recommended approval of this ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember McDougal to pass on first reading Ordinance No. 2000-
00104 as recommended by staff. Motion carried: 5 Yeas, 2 Nays.
Councilmembers Hernandez and Morrison voted Nay.
Councilmember Hernandez requested that Randy Henson of Planning and
Engineering visit with the school and if they continue to not have an
opinion on this issue, he doesn't know why he should be opposing it.
(51.) Ordinance No. 2001-00105/Zone Case No. 1750-I (4808 and 4812
South Loop 289): Hold a public hearing to consider request of Texas
Roadhouse for a zoning change from C-2A to C-2 on Tracts C and D,
West Haven Addition, and to consider ordinance.
ORDINANCE NO. 2001-00105
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1750-1; A ZONING CHANGE FROM C-2A LIMITED
TO PROFESSIONAL OFFICES TO C-2 ZONING ON TRACTS C AND D,
SOUTHWEST HAVEN ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:32 a. in. Russell Arbuckle,
Texas Roadhouse Restaurant appeared on behalf of this zone case. No one
appeared in opposition. Mayor Sitton closed the hearing at 11:34 a. in.
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Regular City Council Meeting
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Page 406
The request proposes to rezone a parcel from C-2A limited to office use to
C-2. The proposed use of the property is a restaurant.
Adjacent land uses:
North —residential
South -Loop 289
East —commercial
West —commercial
The proposal is reasonably consistent with the Comprehensive Land Use
Plan. A majority of discussion about the request should focus on
compatibility of the use in the area. When the Loop was designed, it cut
across a subdivision platted outside the City limits that was originally
designed as a residential block. The block north of 66`h Street is zoned R-
2 and remains residentially developed. Thus, we have the back of
commercial across the street from residential.
The Planning Commission did inform several of the neighbors that R-2 is
intended to be a buffer between commercial and residential. Several
duplex owners spoke in opposition to the request based on increase in
traffic and odors of cooking food. The proponent is proposing a screening
fence on 661h Street with no access to 66`h Street and an approximate 65-70
foot setback from 66`h Street. The site plan indicates a screening fence on
66`h Street. While the adjacent residents have expressed concern, the other
businesses on the block constitute a commercial atmosphere. Increased
congestion at this site will occur, but that is to be expected with any
commercial development on the parcel.
The Planning and Zoning Commission recommended approval of this
request subject to the following condition:
That it be tied to the approved site plan.
Randy Henson appeared on behalf of the Planning Commission.
Staff recommended approval of this ordinance.
Motion was made by Councilmember McDougal, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 2000-
00105 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
SPECIAL
(52.) Hold a public hearing to consider a proposed ordinance to amend the
First Action Year Plan known as the Guadalupe Area of the Lubbock
NDP Urban Renewal Plan of December 3, 1970 and to revise the
existing Urban Renewal Land Use from Commercial to Residential (R-
1) on Urban Renewal vacant parcels at 1109 2"1 Place and 221-223
North Avenue P.
Mayor Sitton opened the public hearing at 11:37 a. in. Nancy Haney
appeared on behalf of Community Development. No one appeared in
opposition. Mayor Sitton closed the hearing at 11:38 a. in.
(53.) Ordinance No. 2001-00106 to consider and vote for a proposed
ordinance to amend the First Action Year Plan known as the
Guadalupe Area of the Lubbock NDP Urban Renewal Plan of
December 3, 1970 and to revise the existing Urban Renewal Land Use
from Commercial to Residential (R-1) on Urban Renewal vacant
parcels at 1109 2"d Place and 221-223 North Avenue P (first reading).
Regular City Council Meeting
December 3, 2001
Page 407
ORDINANCE NO. 00106
AN ORDINANCE OF THE CITY OF LUBBOCK AMENDING ORDINANCE
NO. 5996 IN REGARDS TO THE SPECIFIC LAND USE PLAN FOR THE
GUADALUPE NEIGHBORHOOD; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
The Community Development Department is requesting that the Urban
Renewal Land Use be changed from Commercial to Residential. The
vacant properties are identified as Parcel 33500-20-9 at 1109 2" Place,
legally described as Lot 9, Block 20, Guadalupe Addition and Parcel
49800-6-10 and 20 at 221-223 North Avenue P legally described as all of
Lot 1 and the north 40 feet of Lot 2, Block 63 of the Kise Subdivision of
the Roberts and McWhorter Addition, both to the City of Lubbock,
Lubbock County, Texas.
Most of the Urban Renewal land inventory in the Guadalupe Areas has
been sold. Only six parcels in this area remain in Urban Renewal
ownership from the 365 parcels acquired and replatted into 242 parcels in
the early 1970's. Several inquiries and prospective purchasers have
expressed an interest in building single family residences on these vacant
lots. The City's current zoning is already single-family residential (R-1).
Three weeks prior to the Urban Renewal Meeting of September 18, 2001,
property owners within 200 feet of the subject properties were notified of
the Urban Renewal Board meeting and the changes being considered.
There were five total responses in favor of the change with none opposed.
The proposed amendment was approved by the Urban Renewal Board of
Commissioners on September 18, 2001 for the proposed change to be
submitted to the City Council for a public hearing. Notices of said public
hearing were given as required under the Urban Renewal Law of the State
of Texas on October 28, 2001, November 4, 2001 and November 18,
2001. The Community Development Department recommended approval
of the amendment.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 2000-
00106 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
Next item to be considered was Item No. 55.
(54.) Hold a public hearing concerning amending Chapter 12 of the Code of
Ordinances of the City of Lubbock, Texas, with regard to public
health by amending Article IX, pertaining to smoking in public places,
regulating tobacco sales or samples to minors.
This item was considered following Item No. 55.
Mayor Sitton opened the public hearing at 11:45 a. in. Persons appearing
on behalf of amending the abovementioned Chapter 12 were Terrence L.
Brown, David DeLamar, David Panas, Greg Fisher, Jean Shotts, John M.
Turnbow, M.D., and Gary Long. Persons appearing on behalf of keeping
Chapter 12 as currently in place were Tom Tenner, Donna Bacchi, M.D.,
Bob Ballah, Terry Moore, Jasper C. Sanders, Amit Bushan, Mary
Saathoff, Rose Chase, Jaci McCrary, Tom Johnson, Meredith McAlister,
and Kae Hentges. Mayor Sitton closed the hearing at 1:05 p.m.
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Page 408
On July 12, 2001, the City Council adopted Ordinance # 2001-00060 with
regard to public health by amending Chapter 12, Article XI, of the Code
or Ordinances pertaining to smoking in public places; regulating smoking
in work places and regulating tobacco sales or samples to minors;
providing a savings clause and providing for publication. This ordinance
replaced an existing ordinance regulating the same subject.
On September 14, 2001 a statement, signed by not less than five qualified
voters of the City of Lubbock stating that they have proposed an ordinance
for adoption or repeal, was filed with the office of the City Secretary. On
November 8, 2001 a petition bearing approximately 5600 signatures and a
proposed ordinance was filed with the office of the City Secretary. On
November 16, 2001 the City Secretary determined that the petition
contained the verified signatures of not less that 25 % of the qualified
voters within the City of Lubbock, as determined by the number voting at
the last regular municipal election. Pursuant to the requirements of
Chapter 1, Article IV, Section 1 of the Lubbock City Charter, all papers
pertaining to the proposed ordinance will be submitted to the City Council
at its meeting on December 3, 2001. At the same meeting the City
Council will conduct a public hearing pertaining to the repeal of
Ordinance 2001-00060 and the adoption of the ordinance proposed by the
petition. At the conclusion of the public hearing the City Council is to
take action on the proposed ordinance.
The proposed ordinance re -adopts the provisions of Ordinance 9127
(October 22, 1987) as amended by Ordinance 9849 (November 9, 1995)
and would, if adopted, have the effect of reinstating those provisions of
the Code of Ordinances regulating smoking that existed immediately prior
to the adoption of Ordinance 2001-00060 on July 12, 2001.
Staff recommended that the City Council conduct the public hearing as
required by Chapter 1, Article IV, Section 1 of the City Charter.
The next item considered was Item No. 56.
COMMUNITY SERVICES
HEALTH
(55.) Resolution No. 2001-RO514 to receive from the City Secretary all
papers pertaining to a petition and proposed ordinance seeking
amendment to Article IX, Chapter 12 of the Code of Ordinances of
the City of Lubbock with regard to public health, pertaining to
smoking in public places, and regulating tobacco sales or samples to
minors, and a Certificate attesting to the number of verified signatures
on said petition.
This item was considered following item No. 53.
RESOLUTION NO. 2001-RO514
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor and City Council of the City of Lubbock hereby receives from
the City Secretary all papers pertaining to a Petition and proposed Ordinance seeking
amendment to Article IX, Chapter 12 of the Code of Ordinances of the City of Lubbock
with regard to public health, pertaining to smoking in public places, and regulating
tobacco sales or samples to minors, and a Certificate attesting to the number of verified
signatures on said Petition. Said documents are attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
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Regular City Council Meeting
December 3, 2001
Page 409
Passed by the City Council this 3rd day of December, 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 Knight
John M. Knight, Assistant City Attorney
A copy of the Petition and Certificate is filed with Resolution No. 3002-R0514.
On September 14, 2001 a statement signed by not less than five qualified
voters of the City of Lubbock stating that they have proposed an ordinance
for adoption or repeal, was filed with the office of the City Secretary. On
November 8, 2001 a petition bearing approximately 5600 signatures and a
proposed ordinance was filed with the office of the City Secretary. On
November 16, 2001 the City Secretary determined that the petition
contained the verified signatures of not less that 25 % of the qualified
voters within the City of Lubbock, as determined by the number voting at
the last regular municipal election. Pursuant to the requirements of
Chapter 1, Article IV, Section 1 of the Lubbock City Charter, all papers
pertaining to the proposed ordinance will be submitted to the City Council
at its meeting on December 3, 2001. At the same meeting the City
Council will conduct a public hearing pertaining to the repeal of
Ordinance 2001-00060 and the adoption of the ordinance proposed by the
petition. At the conclusion of the public hearing the City Council is to
take action on the proposed ordinance.
The proposed ordinance re -adopts the provisions of Ordinance 9127
(October 22, 1987) as amended by Ordinance 9849 (November 9, 1995)
and would, if adopted, have the effect of reinstating those provisions of
the Code of Ordinances regulating smoking that existed immediately prior
to the adoption of Ordinance 2001-00060 on July 12, 2001.
Rebecca Garza, City Secretary, presented the petition documents to the
City Council.
Staff recommended that the City Council accept the petition documents as
required by Chapter 1, Article IV, Section 1 of the City Charter.
Motion was made by Councilmember McDougal, seconded by
Councilmember Morrison to pass Resolution No. 2000-RO514 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
The next item considered was Item No. 54.
(56.) Ordinance No. 2001-0 amending Chapter 12 of the Code of
Ordinances of the City of Lubbock, Texas, with regard to public
health by amending Article IX, pertaining to smoking in public places,
regulating tobacco sales or samples to minors (first reading).
This item was considered following Item No. 54.
This item was rejected.
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Regular City Council Meeting
December 3, 2001
Page 410
Motion was made by Councilmember Morrison, seconded by
Councilmember Patterson to reject this item. Motion carried: 7 Yeas, 0
Nays.
DEVELOPMENT SERVICES
BUSINESS DEVELOPMENT
(57.) Resolution No. 2001-RO515 giving Notice of Intent to enter into a tax
abatement agreement with B.L. Hunter Marital Trust, dba Hunter
Millworks, Inc.
RESOLUTION NO. 2001-RO515
WHEREAS, the City Council has determined to give notice of its intent to enter
into a Tax Abatement Agreement with B.L. Hunter Marital Trust, dba Hunter Millworks,
Inc.; and
WHEREAS, V.T.C.A. Tax Code Section 312.2041 requires notice of intent of
the City Council to be given to the presiding officer of the governing body of each taxing
unit in which the property to be subject to the Tax Abatement Agreement is located;
NOW
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Secretary give notice as set forth in Exhibit "A" of the intention
of the City Council to enter into a Tax Abatement Agreement with Hunter Millworks,
Inc., said notice to be given to the presiding officers of each governing body of each
taxing unit having jurisdiction in assessing taxes on property located at 902 N. E. Loop
289 in the City of Lubbock, Lubbock County, Texas and which is described as the
proposed Tract A of the Oxbridge Industrial Park an addition to the City of Lubbock,
Lubbock County, Texas being further described as follows:
BEGINNING at a 1/2 "iron rod with cap set in the South right-of-way line of Northeast
Loop 289 which bears S 89°40' W, 2347.5 feet and N. 00°20'W., 748.96 feet from the
Southeast corner of the North half of Section 77, Block A, Lubbock County, Texas, for
the Northwest corner of this tract;
THENCE N. 89040' E., along the South right-of-way line of Northeast Loop 289, a
distance of 350.00 feet to a 1/2 "iron rod with cap set for the Northeast corner of this tract;
THENCE S. 00020' E. a distance of 525.00 feet to a 1/2"iron rod with cap set for an
interior corner of this tract;
THENCE N. 89°40' E. a distance of 245.00 feet to a 1/2"iron rod with cap set at a point
of curvature;
THENCE Northeasterly, around a curve to the left, said curve having a radius of 15.00
feet, a central angle of 90 ° , tangent lengths of 15.00 feet, and a chord distance of 21.21
feet to a 1/2 "iron rod with cap set at a point of tangency in the West right-of-way line of
North King Avenue;
THENCE S. 00020' E., along the West right-of-way line of North King Avenue, a
distance of 90.00 feet to a 1/2" ion rod with cap set at a point of curvature;
THENCE Northwesterly, around a curve to the left, said curve having a radius of 15.00
feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21
feet to a 1/2 "iron rod with cap set at a point of tangency;
THENCE S. 89040' W., a distance of 595.00 feet to a lh"iron rod with cap set for the
Southwest corner of this tract;
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THENCE N. 00°20' W. a distance of 60.00 feet to a 1/2"iron rod with cap set at a point
of intersection;
THENCE Northeasterly, around a curve to the left, said curve having a radius of 15.00
feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21
feet to a '/2 "iron rod with cap set at a point of tangency;
THENCE N. 00020' W. a distance of 495.00 feet to a '/z"iron rod with cap set at a point
of curvature;
THENCE Northwesterly, around a curve to the left, said curve having a radius of 15.00
feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21
feet to the Point of Beginning.
Passed by the City Council this 3rd day of December, 2001.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Richard Burdine
Richard Burdine, Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver
First Assistant City Attorney
A copy of Exhibit "A" is filed with Resolution No. 2001-R0515.
The City of Lubbock received an application for industrial tax abatement
from Hunter Millworks to build a new manufacturing facility at 902 N.E.
Loop 289 in the North Enterprise Zone. The company has to move from
its existing location due to the east/west freeway project.
The project for Hunter Millworks consists of the construction of a 45,000
square foot manufacturing facility and offices. The expected investment in
the facility is $1,800,000.
Hunter Millworks will increase their employment by two jobs within one
year. The payroll for the existing and new jobs is approximately $750,000
annually.
The project meets the Industrial Tax Abatement Policy and Guidelines
minimum of $500,000 investment in real estate improvements for an
existing company.
Market Lubbock considered this application at its September 12, 2001
Board Meeting and has recommended a 5 year, declining scale tax
abatement (example: 1" year 100%, 2" year 80%, etc.) for the project.
The abatement amount for the City of Lubbock is approximately:
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Year 1
100 %
$10,260
Year 2
80 %
$ 8,208
Year 3
60 %
$ 6,156
Year 4
40 %
$ 4,104
Year 5
20 %
$ 2,052
The estimated total city abatement over the life of the contract is $30,780.
The estimated total county abatement over the life of the contract would be
$16,096.
The project will add $1.8 million in new value to the tax base in the North
Enterprise Zone.
Under the current guidelines, Hunter Millworks, Inc. is eligible and meets
all the criteria for tax abatement.
David Sharp spoke on behalf of Market Lubbock, Inc.
Staff recommended approval of this Resolution.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to pass Resolution No. 2000-RO515 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
STREET DRAINAGE
(58.) Resolution No. 2001-RO516 authorizing the Mayor to execute a
General Warranty Deed from Lubbock Land Company, Two LTD, a
Texas limited partnership, accepting ownership of Tract B, Remington
Park Addition to the City of Lubbock, as a storm water detention
basin.
RESOLUTION NO. 2001-RO516
WHEREAS, Ordinance No. 2001-00009 (the "Ordinance"), passed on second
reading February 8, 2001 by the City Council of the City of Lubbock, provides, among
other things, that the City of Lubbock (the "City"), may take ownership of a stormwater
detention basin in the event the City shall deem ownership advisable; and
WHEREAS, Lubbock Land Company, Two LTD, a Texas limited partnership
(the "Developer"), owns certain lands located in the City of Lubbock, being described as
Tract "B", Remington Park, and being more fully described in the attached General
Warranty Deed (the "Lands"), that it desires to convey to the City pursuant to the
Ordinance; and
WHEREAS, the Developer has maintained the property for a period of sufficient
time to satisfy the City Engineer and the City Council of the City of Lubbock that such
property is acceptable for City ownership; and
WHEREAS, the City Council of the City of Lubbock, Texas finds that accepting
the Lands is in the best interest of the citizens of Lubbock.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT it is in the best interest of the citizens of the City of Lubbock that the City
accept ownership of the Lands and 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
General Warranty Deed from Lubbock Land Company, Two LTD, a Texas limited
partnership, as Grantor, to the City of Lubbock, as Grantee, evidencing the acceptance
of ownership by the City of Lubbock, and any other related documents. Said General
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Warranty Deed 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 3rd day of December, 2001.
/S/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry Hertel
Larry Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Richard K. Casner
Richard K. Casner
Natural Resources Attorney
A copy of the Deed is filed with Resolution No. 2001-R0516.
In accordance with Ordinance No. 2001-0009 the City of Lubbock may
take ownership of a storm water detention basin in the event the City
deems the ownership is in the best interest of the public.
Tract B, Remington Park Addition, lies between Albany Avenue and
Chicago Avenue north of 73`d Street. The lake in this area, Lake #30,
serves the drainage needs of the adjacent developed properties and is part
of the City's overall playa lake System G.
The owner has provided all of the necessary documentation as required by
the ordinance and the Playa Lake Development Policy including
environmental assessment of the property. Staff has visited the site on
several occasions and has requested a lot of additional work be done for
erosion control. The owner has completed all of the required work and
staff feel that the property is ready for acceptance and would meet the
publics needs for a storm water detention basin.
This playa lake area is not planned to be utilized as a park. It is not in the
Parks Master Plan so will not be considered for future park development.
This area will be added to the maintenance list for storm water detention
basins that includes litter clean up and eight mowing cycles only.
Marsha Reed spoke for staff.
Staff recommended approval of this resolution.
Motion was made by Councilmember Cooke, seconded by
Councilmember McDougal to pass Resolution No. 2000-R0516 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(59.) Consider one appointment to the Keep Lubbock Beautiful Advisory
Committee.
Motion was made by Councilmember Cooke, seconded by
Councilmember McDougal to appoint Jeff Klotzman to Keep Lubbock
Beautiful Advisory Committee. Motion carried: 7 Yeas, 0 Nays.
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Page 414
1:10 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
3:05 P. M. COUNCIL ADJOURNED
There being no further business to come before the Council,
Councilmember McDougal adjourned the meeting.
Read and approved this ��' day of
U
/s/ Windy Sitton
WINDY SITTON, MAYOR
ATTEST:
D eL"-,
Rebec Garza, City Secretary
414