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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/16/1999 (3)CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING December 16, 1999 8:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 16`h day of December, 1999, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 8:30 A. M. 8:31 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmembers David Nelson, and Councilmember T. J. Patterson CITIZEN COMMENTS No citizens appeared to express comments to the Council. EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager); pending or contemplated litigation (Energas Rate Request; Health and Community Services; Lubbock Power & Light; Police Department); and to deliberate the purchase, exchange, lease, or value of real property (Fire Department; Lubbock Power & Light). 8:32 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager). (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Energas Rate Request; Health and Community Services; Lubbock Power & Light; Police Department). ( 3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property (Fire Department; Lubbock Power & Light). 9:49 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All council members were present except for Mayor Pro Tem Max Ince. (4.) Presentation on the City's status on Y2K planning and preparation by Bob Cass, City Manager. After nearly two years of planning, testing, and preparing for the Y2K issue, the Council received an update on the organization's readiness. City Manager Bob Cass also discussed our citizen communications efforts, as well as preparations by key community partners. City Council Meeting December 16, 1999 Page 476 ( 5.) Review of January 1, 2000 Population Estimates by David Buckberry, Planner. The January 1, 1999 population estimate by the Planning Department was 197,117 and did not include the southwest annexation area. Following are the individual population estimates used in determining the 2000 composite estimate: Residential Telephones 215,075 Residential Postal Deliveries 184,500 Land Use Computer Estimate 200,382 Historic Trends 201,075 Labor Force 196,195 Average 199,445 The Planning Department recommended that the average of these factors be used for the official City of Lubbock population estimate. This is an increase of 0.3 % from the 1999 estimate when the increased numbers from the annexation are removed. Natural increase, births exceeding deaths, is the main reason for the increase in population. Net migration, the difference between in -migration and out -migration, is negative. The net out -migration would be about 1,000 people a year at this estimated growth rate. This 0.3 % growth rate is well below the annual average for Lubbock of about 0.7% since 1990. This population estimate is basically consistent with current economic indicators. There are changes in the residential telephone factor and residential postal deliveries factor methodology. The residential telephone factor is adjusted to reflect a faster growth rate than population due to the increasing number of two lines at home, often associated with computer Internet connections. The residential postal delivery factor is adjusted because it was previously under -reported. This adjustment narrowed the range between the five factors from 49,968 in the 1999 population estimate to 30,575 in the 2000 estimate. The racial/ethnic composition estimates are: Anglo 123,779 62.1 % African -American 18,149 9.1 % Hispanic 52,055 26.1 % American Indian 675 0.3 % Asian 4,787 2.4 % This population estimate indicates growth of 7.1 % for Lubbock since 1990 compared to an estimated 18.3 % for the State of Texas since 1990 and an estimated 10.1 % for the United States since 1990. The following table illustrates the difference between the 1999 population estimates by the Planning Department and the Texas State Data Center. Planning Dept 1999 Estimate Data Center 1999 Estimate Percent Difference City 197,117 194,799 + 1.2 % County 234,479 243,799 - 0.1 % 476 City Council Meeting December 16, 1999 Page 477 2000 Population Estimate Methodology 1. Residential Telephones: 91,444' x 1.062 2 x 186,206' +1,835 4= 215,075 72,542 5 1.1696 2. Residential Postal Deliveries: 77,837 7 x 0.942 g x 186,206 3 + 1, 835 4 = 184,500 74,7449 3. Land Use Computer Estimate: 200,382 4. Historic Trends: 186,206 s x 1.07 10 +1,835 4 = 201,075 5. Labor Force Trends: 124,08711- 113,600" x 7.03" + 1 x 186,206' +1,8354 = 196,195 113, 60012 14.8214 1 Residential Telephones - November, 1999 2 United States population increase factor 1990 - 1996 s City of Lubbock Population - 1990 4 Estimated population of south west annexation November 1999 5 Residential Telephones - April 1990 6 United States Residential access line increase factor 1990 - 1996 Residential Postal Deliveries - November 1999 s Factor for reduction of household size 9 Residential Postal Deliveries - April 1990 to Historic Growth Rate 11 Labor Force - September 1999 l2 Labor Force - April 1990 is Percent Population Growth 1980 - 1990 la Percent Labor Force Growth 1980 - 1990 ( 6.) Overview of FY 1998-99 performance to budget (pre -audit) by Anna Mosqueda, Director of Management Services. The City of Lubbock fiscal year ends September 30. Each year prior to the final audit presentation in January, staff try to provide Council a pre - audit look at the operating departments' performance as compared to budget. This presentation is for information purposes only and no action is required by Council. Audited financials will be presented to the Council in January. 477 City Council Meeting December 16, 1999 Page 478 No action required. 10:30 A. M. WORK SESSION RECESSED 10:49 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City Secretary Absent: Mayor Pro Tem Max Ince Mayor Sitton called the meeting to order at 10:49 A. M. ( 7.) Dr. Bob Sweeten, Pastor of Lubbockview Christian Church, gave the invocation. ( 8.) Pledge of Allegiance was given in unison by those in the City Council Chambers. CITIZEN APPEARANCES ( 9.) Presentation of certificates of recognition to a group of individuals and businesses that have made contributions to Santa Land. Santa Land, now in its forty-third season, has been a holiday favorite with kids of all ages in Lubbock. Each year, approximately 30,000 visitors attend the two -week event that is operated by the Parks and Recreation Department. As in years past, the event will also serve as a drop-off site for the Toys for Tots campaign. In addition, this will be the first year that the Parks and Recreation Department will serve as a collection point for the South Plains Food Bank. Santa Land will be open to the public free of charge each evening from 6:00 p.m. to 10 p.m., December 10 through December 23. Children who donate a toy or a can of food at Santa Land will receive a raffle ticket for a drawing on December 23, 1999. Two grand prizes will be awarded including one Raleigh BMX bicycle that has been donated by DFC Cycles and Fitness, a local business located at 6701 Indiana. Caprock Edge Bicycle Club has donated a Schwinn bicycle for the drawing as well. Other businesses that have given money to sponsor Santa Land include American State Bank, Norwest Bank, Lubbock Power and Light, Sprint PCS, 'Tis Christmas, Gary Products Group and UMC Seniors are Special. These seven businesses have contributed a combined $1,750 for the event as well as 750 toys for underprivileged children. Other businesses have made contributions that will have an even bigger impact on Santa Land. The combined donations of three businesses have resulted in two new 12' X 16' houses; one will be used for Mr. and Mrs. Claus while the other will be a new concession stand. The lumber, donated by Walker Lumber, was given to Heritage Homes who built the two houses. Sherwin Williams supplied the paint that was used to turn the concession stand into a Gingerbread House and to make the Claus' house bright red and green. Those two houses would have cost the City approximately $10,500 to purchase. IN City Council Meeting December 16, 1999 Page 479 The Mayor presented certificates of recognition to the above -mentioned group of individuals and businesses that made contributions to Santa Land. Derrel Oliver accepted on behalf of LP & L, Sammy Ordaz accepted on behalf of DFC Cyle and Fitness, Jay Keith accepted on behalf of Caprock Edge Cycling Club, Jackie Cox accepted on behalf of Walker Lumber, and Joe Stettheimer and David Abbot accepted on behalf of Heritage Homes. The other individuals and businesses named were unable to attend. ( 9A.) Presentation of an Honorary Citizenship to Gerald Estur. Gerald Estur is the General Director of Capaco, the company that officially trades cotton on behalf of the country of France. Evidently when several French colonies were given their independence, France maintained the right to act as the broker for the cotton these countries produced, and Capaco acts in this capacity. In carrying out his duties Mr. Estur has traveled to Lubbock a number of times to trade cotton and to do business. He has expressed a fondness for Lubbock to the point of recently inquiring whether it was possible to become an Honorary Citizen of Lubbock. Our office was contacted, and because Mr. Estur will be in Lubbock on Council day, this item has been placed on the agenda to present him with an Honorary Citizenship. An Honorary Citizenship was given to Gerald Estur in recognition of his fondness for Lubbock and his work with local West Texas cotton interests. * The Mayor then recognized and congratulated Bob Cass, City Manager, on being chosen as Municipal Leader of the Year by the National League of Cities. Bob was presented with a framed copy of an article from City and County Magazine of his achievement. TOP TEN LIST Councilmember David Nelson gave his Top Ten List of Positive Things About Lubbock. This list consists of the best of the 250 Top Ten Positive Things over the past two to three years. No. 1 is LISD Excellence. The Lubbock Independent School District consists of some 30,000 students, 23 of whom were National Merit Scholars in 1999, on 58 very safe campuses in the city. Twenty-two of these campuses have been declared exemplary or recognized schools by the Texas Education Agency. Lubbock High School has been nationally recognized as a Blue Ribbon High School - the only Blue Ribbon High School in the state of Texas in 1998. Our award -winning teachers, administrators, and everyone connected with the school system in Lubbock are to be commended for doing a great job that not only pays dividends now, but will also pay dividends in the future. We have an excellent public school education system in Lubbock. No. 2 is Unpretentious People. As Mr. Estur said, we have great people in Lubbock. In the tradition of the "Wild West" we are straight shooters in Lubbock - what you see is what you get. We are so intensely proud of the friendly people and quality of life we have here in Lubbock that we don't need to embellish, put on airs, or make our city appear any better than it is. Lubbock already is the best place in which to live and work in these United States, and we're doggone proud of that fact. 479 City Council Meeting December 16, 1999 Page 480 No. 3 is Backyard Tourism. Whenever vacation time rolls around and we make plans to "get out of town" to see the sights, think about what we have to offer here in Lubbock and West Texas, right in our own backyard. We have a one -of -a -kind National Ranching Heritage Center and the American Wind Power Center (the only museum of its kind in the U.S.). We have three nationally acclaimed, award -winning wineries in Lubbock. We have an award -winning Yellowhouse Canyon Lakes Parks Project that will be expanded due to our bond election, and the Lubbock Lake Landmark Historical Park that reveals a 12,000-year archeological history of this particular region of the world. In addition, we will soon become the home of the Silent Wings Museum of WWII glider planes. Take a moment and look in your own backyard. See what your community has to offer, and enjoy and appreciate it. No. 4 is Best Weather in America. Statistics show that we have an average of 294 days of sunshine per year. It is a wonderful semi -arid climate that has just enough rainfall to grow a ten billion dollar agricultural crop annually, just enough coolness at night to sweeten our vintage grapes, and just enough low humidity to dine outside most evenings and enjoy watching our beautiful technicolor sunsets. No. 5 is Oars in the Water. Lubbock has a reputation throughout the state for being a down-to-earth, visionary community with firm roots in its agrarian history. We are level-headed, practical, yet progressive. In addition, we exhibit a zeal to achieve great things. We work hard to form partnerships within the city and region, and to be progressive and prepared to lead the way into the next millennium. We realize we must all work together - have all our "oars in the water" - so we can row together and move in the same direction toward the same basic goal: to make Lubbock a great city in which to live and work. No. 6 is Crossroads of Texas. Lubbock has long been known as the "Hub City", a nickname originating from railroad lines that converged here in the early 20' century. This nickname now stands for the highways, commerce, health care, and cultural events which make our city a major crossroads. In addition, the 1999 Texas State Legislature designated Lubbock as the "Music Crossroads of Texas" after several legislators were overwhelmed by the entertaining talents of our Depot District, the Lubbock Symphony Orchestra, and Texas Tech University. Let's applaud this recognition of Lubbock's musical heritage and the contributions Lubbock and West Texas musicians have made for generations of music lovers, and let's market this entertaining quality of life throughout the state, nation, and world. As Buddy Holly would say: "Rave On" about it! No. 7 is Keel of the Community. Many of you know that on a ship, the main center frame or "backbone" which determines the ship's structure and stability is called the "keel". We can proudly say that Lubbock's keel is its fine community of churches. The influence all our houses of faith have over this entire area is something of which we can all be proud and continue to support. The diversity shown, and how everyone gets along in working for the betterment of their faith and their community, is something from which we can all draw strength. We need to support all of our churches - the keel of this community. No. 8 is Yonder (as in "Wild Blue" and "Over"). This is just one way to emphasize that in Lubbock, we're blessed to have plenty of room in which to move around - 115 "as far as the eye can see" square miles. We're blessed to have plenty of opportunities for interaction, yet not be City Council Meeting December 16, 1999 Page 481 squeezed together. This is an asset other populated communities don't always have. Another good thing about Lubbock is, when you look "over yonder", you usually see a friend. You usually see a smiling face and a helping hand. That's a rich tradition in West Texas and in this community. Let's keep that up! No. 9 is Everything is Close. Though we have lots of room, Lubbock has been known for many years as the 15-minute city. We can literally travel to any destination in our community within 15-20 minutes. This is due to the well -organized city land use plan established in 1943. A grid of alphabetically -arranged north/south avenues and numerically -arranged east/west streets has been in place for many years, complemented by our efficient Citibus transit system, easily accessible Lubbock International Airport, ever-increasing excellent highway infrastructure, Interstate 27, Loop 289, and the planned East/West Freeway. Because we can get almost anywhere in 15 minutes, all of our city's amenities and opportunities are available to everyone, regardless of what part of town you live in or in what area of the city you work. As our friends at the Lubbock United Neighborhood Association say, we are truly "one big neighborhood." No. 10 is Synergy Energy. What is synergy, you ask? Synergy is the effect of the whole - the philosophy that the effect of the whole is greater than the sum of its component parts. We all have many different organizations in which we participate in Lubbock. We all have different, and perhaps, collective constituencies we represent. Working together, the effect will be much greater than the sum total of each individual part. Ask yourself - do we have synergy here in Lubbock? We have the beginnings of it, I know, and all of us are trying to work hard and work together to improve that. Let's all make "synergy energy" a bigger and better part of the way we do things in this community of Lubbock, Texas, USA! Councilmember Nelson then recognized and thanked Jan Collier from First Christian Church for her contributions to the Top Ten Lists. CONSENT AGENDA (Items No. 10-29, 31-35, 37-38) Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to delete Item 30, move Item 36 to regular agenda, and approve Items 10-29, 31-35, and 37-38 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (10.) Ordinance No. 10224 abandoning and closing a portion of a garbage collection easement located in Lot 34, Winghaven Estates, an addition to the City of Lubbock (6002 Upland Avenue) (second and final reading) . ORDINANCE NO. 10224 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A GARBAGE COLLECTION EASEMENT LOCATED IN LOT 34, WINGHAVEN ESTATES, AN 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. City Council Meeting December 16, 1999 Page 482 (11.) Ordinance No. 10225 abandoning and closing a utility easement in Section 9, Block JS, Lubbock County, Texas (705 Fulton Avenue) (second and final reading). ORDINANCE NO. 10225 AN ORDINANCE ABANDONING AND CLOSING A UTILITY EASEMENT LOCATED IN SECTION 9, BLOCK J-S, 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. (12.) Ordinance No. 10226 abandoning and closing two drainage easements located in Section 23, Block E, Lubbock County, Texas (6001 Martin Luther King, Jr. Boulevard) (second and final reading). ORDINANCE NO. 10226 AN ORDINANCE ABANDONING AND CLOSING TWO DRAINAGE EASEMENTS LOCATED IN SECTION 23, BLOCK E, 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 PUBLICATON. (13.) Ordinance No. 10227 abandoning and closing a 60-foot wide utility easement located in Section 2, Block E, Lubbock County, Texas (301 50`h Street) (second and final reading). ORDINANCE NO. 10227 AN ORDINANCE ABANDONING AND CLOSING A UTILITY EASEMENT RECORDED IN VOLUME 503, PAGE 48 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS AND LOCATED IN SECTION 2, BLOCK E, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (14.) Ordinance No. 10228 amending Chapter 6, Article V, Electrical Code, by adopting the 1999 National Electrical Code, replacing the 1996 National Electrical Code (second and final reading). ORDINANCE NO. 10228 AN ORDINANCE AMENDING ARTICLE XVII OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE DUTIES OF THE BUILDING OFFICIAL; AMENDING ARTICLE V OF CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ADOPTING THE 1999 EDITION OF THE NATIONAL ELECTRICAL CODE; ESTABLISHING FEES; PROVIDING FOR CERTAIN AMENDMENTS TO SUCH CODE IN ORDER TO MEET LOCAL CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. City Council Meeting December 16, 1999 Page 483 (15.) Ordinance No. 10229 amending Chapter 2 of the Code of Ordinances of the City of Lubbock, Texas, by repealing Section 2-360; by amending Section 5-6 and Section 5-7 to provide exceptions for helicopter operations; by adding Section 5-12 authorizing the Director of Aviation to issue permits for temporary helicopter operations; by adding Section 5-13 requiring liability insurance (second and final reading). ORDINANCE NO. 10229 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY REPEALING SECTION 2-360; BY AMENDING SECTION 5-6 AND SECTION 5-7 TO PROVIDE EXCEPTIONS FOR HELICOPTER OPERATIONS; BY ADDING SECTION 5-12 AUTHORIZING THE DIRECTOR OF AVIATION TO ISSUE PERMITS FOR TEMPORARY HELICOPTER OPERATIONS; BY ADDING SECTION 5-13 REQUIRING LIABILITY INSURANCE; PROVIDING A PENALTY CLAUSE, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND AN EFFECTIVE DATE HEREOF. (16.) Ordinance No. 10230 - Zone Case No. 1099-D (southwest corner of 50" and Indiana): Request of Ron Childress (for 50' and Indiana LLC) for a zoning change from R-1 Specific Use and C-2 Specific Use to C-3 Specific Use on Lot 1, Carraway Addition (second and final reading). ORDINANCE NO. 10230 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1099-D; A ZONING CHANGE FROM R-1 SPECIFIC USE AND C-2 SPECIFIC USE TO C-3 SPECIFIC USE ZONING ON LOT 1, CARRAWAY ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (17.) Ordinance No. 10231 - Zone Case No. 2865 (3802-3806 241h Street): Request of Lubbock Federal Credit Union for a zoning change from AM to AM Specific Use for a financial institution on Lots 3, 4 and the west 49 feet of Lot 5, Block 1, S.G. Brown Addition (second and final reading). ORDINANCE NO. 10231 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2865; A ZONING CHANGE FROM AM TO AM SPECIFIC USE ZONING FOR A FINANCIAL INSTITUTION ON LOTS 3, 4 AND THE WEST 49 FEET OF LOT 5, BLOCK 1, S.G. BROWN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (18.) Ordinance No. 10232 - Zone Case No. 2866 (5701 19" Street): Request of Green Lawn Church of Christ for a zoning change from R-2 to A-2 limited to church and church related uses on Tract W, Greenlawn Addition (second and final reading). .• City Council Meeting December 16, 1999 Page 484 ORDINANCE NO. 10232 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2866; A ZONING CHANGE FROM R-2 TO A-2 ZONING ON TRACT W, GREENLAWN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (19.) Ordinance No. 10233 - Zone Case No. 2867 (south of 98' Street and east of Gary): Request of Hugo Reed and Associates (for Rothwell Homes) for a zoning change from R-1/T to R-1 Specific Use for garden homes and R 2 Specific Use on a portion of land out of Section 19, Block E-2 (second and final reading). ORDINANCE NO. 10233 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2867; A ZONING CHANGE FROM R-1/T TO R-1 SPECIFIC USE ZONING R-2 SPECIFIC USE ZONING ON A PORTION OF LAND OUT OF SECTION 19, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (20.) Ordinance No. 10234 - Zone Case No. 2118-V (4905 82" Street): Request of ADC, Inc. (for Norwest Bank) for a zoning change from GO to AM Specific Use for a drive-thru teller on Tract P, Lakeridge CC Estates Addition (second and final reading). ORDINANCE NO. 10234 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2118-V; A ZONING CHANGE FROM GO TO AM SPECIFIC USE ZONING FOR A DRIVE -THROUGH TELLER ON TRACT P, LAKERIDGE CC ESTATES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (21.) Ordinance No. 10235 increasing Ordinance No. 10180 for the City of Lubbock Storm Water Capital Projects Fund Budget to provide funding for the pumping of storm water in selected areas of the City (second and final reading). ORDINANCE NO. 10235 AN ORDINANCE MAKING CHANGES IN THE FY1999-2000 BUDGET OF THE CITY OF LUBBOCK FOR GOVERNMENTAL PURPOSES AND TO MEET EMERGENCY CONDITIONS CAUSED BY FLOODING. (22.) Resolution No. 6635 authorizing the Mayor to execute a street -use license with Southwest Convenience Stores for an underground pipeline (3402 34' Street) . 10 City Council Meeting December 16, 1999 Page 485 RESOLUTION NO. 6635 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 Street Use License with associated documents with Southwest Convenience Stores, Inc. for an underground pipeline. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 16th day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney/Office Practice A copy of the Street Use License is filed with Resolution No. 6635. This street -use license allows Southwest Convenience Stores' (7-11) environmental service company, Environmental Engineering Geotechnics, Inc. of Midland, Texas, to install an underground pipeline in the west right-of-way of University Avenue between 34' Street and 35'' Street. This pipeline will connect monitor wells at the 7-11 with a monitor well which was installed in the west right-of-way of University just north of 35' Street in 1996. This license will be for twenty years, payable every 5 years in advance and the yearly minimum fee of $50 will be charged. The Right -of -Way Department recommended the approval of this street use license. (23.) Resolution No. 6636 authorizing the Right -of -Way Department to make an offer to James T. McMenamy and wife, Alice McMenamy for one parcel of right-of-way and one drainage easement for the East-West Freeway Railroad Relocation Project (north of Kent Street between FM 179 and North Alcove Avenue, Parcels 1RR 39 & IRR 39[E]). R-OR City Council Meeting December 16, 1999 Page 486 RESOLUTION NO. 6636 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal and public use and purposes, to -wit: for the East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes as set forth in the preamble hereof, to -wit; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate and permanent drainage easement to the following described parcels of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO. OWNER'S NAME AMOUNT 1RR 39 & 39E James T. McMenamy and spouse, $73,400 Alice McMenamy SECTION 2. THAT the above -described parcels of land whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above -described property are hereby rescinded and revoked. SECTION 4. THAT the owners of the above -described parcels of land being James T. McMenamy and spouse, Alice McMenamy BE offered through the Right -of - Way Department of the City of Lubbock the amount of $73,400 indicated for these parcels, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate of said real estate and permanent drainage easement for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate and the drainage easement to any or all such parcels as hereinabove described for public purposes and municipal purposes. City Council Meeting December 16, 1999 Page 487 Passed by City Council this 16th day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney A copy of Exhibit "A" is filed with Resolution No. 6636. These two parcels of right-of-way were originally on the October 28, 1999 City Council agenda. After reviewing additional acreage owned by the McMenamys and combining them as one farm unit per TxDOT's decision, this property was reappraised by Jim Bowman, M.A.I. The fee simple parcel contains 6.15 acres of land and was appraised for $72,643 ($8,339 for the land value and $64,304 for the damages). The drainage easement parcel contains 0.62 acres and was appraised for $757. Therefore, our total offer to the McMenamys is $73,400. This resolution authorizes the Right -of -Way Department to offer the property owners this appraisal amount and if refused institute condemnation proceeding to acquire the property. The Right -of -Way Department recommended the approval of our offer to the McMenamys. (24.) Resolution No. 6637 authorizing the Mayor to execute an agreement to lease office space at the Lubbock Business Center Annex, 1301 Broadway, to Special Olympics Texas, Inc. RESOLUTION NO. 6637 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease by and between the City of Lubbock and Special Olympics Texas, Inc., 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. City Council Meeting December 16, 1999 Page 488 Passed by City Council this 16th day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson, Managing Director of Electric Utilities APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Lease Agreement is filed with Resolution No. 6637. The Lubbock Business Center has 1,095 square feet of space available in the Annex building which Special Olympics has agreed to lease for administrative offices. The agreement provides for a five-year lease and an optional five-year extension of the lease at the end of the first term with rental rates to be renegotiated at that time. The value of the lease is $6,000 per year ($5.48/sq. ft.) which will be paid via twelve monthly payments. In addition to the cash payments, Special Olympics will forgo any donations from LP&L and will list LP&L as one of their premier donors. LP&L will receive special recognition in all of Special Olympics' Lubbock publications and at all of their Lubbock activities. It is estimated that the value of this recognition coupled with the decrease in donations increases the worth of the lease to in excess of $7.50/sq. ft., which is the normal rate for space leased to non-profit organizations in the Lubbock Business Center. Staff recommended that the Mayor and City Council approve this lease agreement between the City of Lubbock and Special Olympics Texas, Inc. (25.) Resolution No. 6638 authorizing the Mayor to execute an agreement to lease office space at the Lubbock Business Center Annex, 1301 Broadway, to the Community Health Center of Lubbock. RESOLUTION NO. 6638 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease by and between the City of Lubbock and Community Health Center of Lubbock, 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. City Council Meeting December 16, 1999 Page 489 Passed by City Council this 16th day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson, Managing Director of Electric Utilities APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Lease Agreement is filed with Resolution No. 6638. The Lubbock Business Center has 2,742 square feet of space available in the Annex building that the Community Health Center of Lubbock has agreed to lease for administrative offices. The agreement provides for a two-year lease and three optional one-year extensions of the lease at the end of the first term. The total value of the lease is $20,565 per year ($7.50/sq. ft.) which will be paid via twelve monthly payments. The rental rate will increase by 3 % each year beginning with the second year. Staff recommended that the Mayor and City Council approve this lease agreement between the City of Lubbock and the Community Health Center of Lubbock. (26.) Resolution No. 6639 authorizing the Mayor to execute an industrial tax abatement agreement with U.S. Distribution Center, L.L.C. RESOLUTION NO. 6639 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 and all related documents by and between the City of Lubbock and U.S. Distribution Center, L.L.C., attached hereto and which shall be spread upon the minutes of the council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. e City Council Meeting December 16, 1999 Page 490 Passed by City Council this 16th day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Kevin G. Walker Kevin G. Walker, Business Liaison Officer APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 6639. The City of Lubbock received an application from U.S. Distribution Center, L.L.C. for industrial tax abatement. U.S. Distribution will be constructing the new 491,838 square foot United Distribution Center on a 97 acre site located at 5801 Martin Luther King Blvd. in the city's South Enterprise Zone. This project is a new distribution center supplying food products to United Supermarkets' grocery locations throughout West Texas. The facility will contain both dry and refrigerated warehouse space, offices, and a remote salvage building for the handling of damaged or returned products. U.S. Distribution Center, L.L.C. plans to expend approximately $24 million in building the new facility and approximately $2 million on equipment. The project meets the Industrial Tax Abatement Policy and Guidelines minimum investment of $1,000,000. The recommended abatement term is ten years with a declining percentage schedule beginning at 100 % and declining 10 % in each subsequent year of the abatement. The abatement amount for the City of Lubbock is: Year 1 100 % $150, 800 Year 2 90 % $135 , 720 Year 3 80 % $120, 640 Year 4 70% $105,560 Year 5 60 % $ 90,480 Year 6 50% $ 75,400 Year 7 40 % $ 60,320 Year 8 30 % $ 45,240 Year 9 20 % $ 30,160 City Council Meeting December 16, 1999 Page 491 Year 10 10% $ 15,080 The total city abatement over the life of the contract is $829,400. The total county abatement over the life of the contract is $426,254. United Supermarkets, Inc. has contracted with Llano Logistics, Inc., a member company of the Tibbett & Britten Group, to set up and operate the distribution center. Tibbett & Britten Group is an international logistics specialist providing dedicated distribution operations to many leading retailers in the United States, Canada, and Europe. Llano Logistics is expected to employ 240 individuals in the distribution center with an annual payroll of more than $8 million. The existing value of the property, as of January 1, 1999, was $80,700. Total investment at the end of the project, including investment by Llano Logistics and United Supermarkets, will be approximately $30 million. The project will add $26 million in new value to the tax base in the South Enterprise Zone. Under the current guidelines, U.S. Distribution Center is eligible and meets all the criteria for tax abatement. Staff concurs with Market Lubbock Inc.'s recommendation of approval of the tax abatement for a term of ten years with a declining schedule beginning with 100 % and declining by 10 % each year. (27.) Resolution No. 6640 authorizing the Mayor to execute on behalf of the City of Lubbock an Interlocal Cooperation Agreement with the Lubbock Independent School District. RESOLUTION NO. 6640 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 Interlocal Cooperation Agreement, attached herewith, by and between the City of Lubbock and Lubbock Independent School District for election assistance and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if full copied herein in detail. Passed by City Council this 16th day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 491 City Council Meeting December 16, 1999 Page 492 A copy of the Interlocal Cooperation Agreement is filed with Resolution No. 6640. LISD has scheduled a Special Bond Election for February 1, 2000. Since LISD has participated with the City of Lubbock in Joint Elections for the past several years, LISD has requested use of City Hall space for the purpose of staging the ballot allocation process and precinct election equipment. Also, Room 103 and City Council Chambers will be scheduled for the training of election officials. LISD has requested the assistance of Kaythie Darnell, City Secretary, for the Bond Election. City officers or employees assisting LISD with the election during normal City working hours will reimburse the City for actual salary and fringe benefit costs on an hourly basis. The hours for Ms. Darnell are not to be expected to exceed eight hours per week. The LISD election requests are minimal without creating any burden to the organization. Therefore, staff recommended approval of this resolution and interlocal cooperative agreement. (28.) Resolution No. 6641/RFP #99002 - Comprehensive Recreational Area Master Plan for Lake Alan Henry (Water Utilities) RESOLUTION NO. 6641 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 Architect/Engineer Services for a Comprehensive Recreational Area Mast Plan for Lake Alan Henry, by and between the City of Lubbock and Shrickel, Rollins and Associates, Inc. of Arlington, 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 City Council this 16th day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 6641. This is a professional services contract for the preparation of the Recreational Area Master Plan for Lake Alan Henry. The intent of the W% City Council Meeting December 16, 1999 Page 493 Master Plan is to provide a working document to guide City staff in phased development of the Sam Wahl Recreational Area located at Lake Alan Henry in Garza County. Development of the Recreational Area is a stated goal in the Water Utilities Division Strategic Plan. The Master Plan will be used to help prioritize developments for the next five years and to help meet Texas Parks and Wildlife grant guidelines. Schrickel, Rollins and Associates of Arlington, Texas and Carter and Burgess, Inc. of Dallas, Texas responded to the Request for Proposals. Both firms were judged to be of equal ability to produce a document which would be useful for planning and grant applications. However, Schrickel, Rollins and Associates displayed more experience with Texas Parks and Wildlife Grants -In -Aid Division grant applications. The ability to acquire grant money to be used for recreational developments will be crucial to the City's ability to fund any proposed improvements. The selection committee recommended contract award to Schrickel, Rollins and Associates of Arlington, Texas. The negotiated total contract amount is $169,500 and is within the Lake Alan Henry Recreational Area Improvements budget amount. The development of the Comprehensive Recreational Area Master Plan will begin January 2000 and should take approximately one year to complete. (29.) Bid #99259 - Valve Actuators (Water Utilities) This bid is for the purchase of 19 electric valve actuators. Ten of the valve actuators will be use at the Water Treatment Plant for process control of the effluent valves in the "A" filter gallery. These valves are controlled constantly as dictated by water flow through the filters. These actuators are intended to replace existing maintenance intensive actuators that are requiring an increasing amount of time and money to repair. Additionally, the parts have become obsolete. The remaining nine actuators will be used to control sediment in the sedimentation basins at the Water Treatment Plant. They will raise and lower telescope tubes inside the elevation pipe. The actuators will increase the efficiency of the sedimentation basins by increasing the filter run time and lowering the turbidity of the settled water. The low bid is $68,040 from Alpha Process Sales Inc. of Corpus Christi, Texas and is within the Water Systems Improvements budget amount. (30.) Bid #99266 - Mobile Lift System (Fire Department) This item was deleted. (31.) Resolution No. 6642/Bid #99273 - Water Reclamation Plant Air Conditioning Equipment Replacement (Water Reclamation) RESOLUTION NO. 6642 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 Water Reclamation Plant Air Conditioning Equipment Replacement, by and between the City of Lubbock and First Service A/C Contractors, Inc. of Midland, 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. 493 City Council Meeting December 16, 1999 Page 494 Passed by City Council this 16th day of December, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 16th day of December, 1999, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and First Service A/C Contractors, Inc., of the City of Midland, County of Midland, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #99273 - WATER RECLAMATION PLANT AIR CONDITIONING EQUIPMENT REPLACEMENT - $53,841.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. City Council Meeting December 16, 1999 Page 495 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Richard Craig Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Pat Buchanan CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: First Service A/C Contractors, Inc. Bv: /s/ Jeff Blackwood PRINTED NAME: Jeff Blackwood TITLE: Sales Manager COMPLETE ADDRESS: First Service A/C Contractors, Inc. 3009 Garden City Hwy. Midland, Texas 79701 This bid includes furnishing and installing a new air conditioning system at the Water Reclamation Plant. This system will be used for cooling the operations building equipment and personnel, and will replace air conditioning units that are no longer serviceable. The low bid is $53,841 from First Service Air Conditioning Contractors Inc. of Midland, Texas and is within the Sewer Waste Water Repairs budget amount. (32.) Bid #99274 -Utility Vehicle and Pickup (Fleet Services) This bid is for the purchase of one four wheel drive utility vehicle for LP&L Production Maintenance and one 3/4 ton extended cab pickup for Water Utilities Pumping and Controls. The low bid is $43,672 from Scoggin-Dickey Chevrolet-Buick-Geo, Inc. of Lubbock, Texas and is within the Capital Outlay Motor Vehicle budget amount. (33.) Bid #99276 - Truck Mounted Paint Striping Assembly Conversion (Fleet Services) This bid is for refurbishing a city owned 1985 C9000 paint striping machine used by the Traffic Sign Department. Due to increased regulations by the Environmental Protection Agency and the Texas Natural Resource Conservation Commission, this unit must be converted to an airless type system from a compressed air unit. The low bid is $83,800 from Transtex, Inc. of Houston, Texas and is within the Capital Outlay Heavy Moveable Equipment budget amount. 495 City Council Meeting December 16, 1999 Page 496 (34.) Bid #99280 - Roll Off Containers (Solid Waste) This bid is for 25, 30 and 40 cubic yard roll off containers. Two containers are for leachate storage and transport at the new landfill. Four containers will be located at the North Avenue P Landfill citizen collection station and used to transport trash to the new landfill. Four containers will be used at the new recycling drop off center and used for cardboard, bulky items, recyclable metals, and yard waste. The low bid is $33,718 from Roll -Offs of America/USA of Durant, Oklahoma and is within the Phase 1, New Landfill, Citizen Collection Center, and Recycling Center budget amount. (35.) Bid #99283 - Tractor Backhoe with Front End Loader (Fleet Services) This bid is for purchase of three tractor backhoes for use by Sewer Pipeline Maintenance. The low total cost, life cycle analysis, bid meeting specifications is $122,777.07 from West Texas Cat of Lubbock, Texas and is within the Capital Outlay -Heavy Moveable Equipment budget amount. The next item considered was Item 37. (36.) Bid #99286 - Off Road Equipment (Fleet Services) This item was moved from consent agenda to regular agenda and was considered following Item 38. This bid is for the purchase of a nine -wheel roller and street sweeper for the Street Department. The bid also includes the purchase of a landfill compactor used to compact trash at the West Texas Region Disposal Facility. Landfill compactors are used to compress waste to the machine's maximum capability to reduce landfill costs and maximize the life of the landfill. The City's landfill compactor specifications were written by City staff with the intent that manufacturers or distributors of Caterpillar, Bomag, Al -Jon, and CMI/Rex landfill compactors all would have the ability to bid their brand of machine. All four of these manufacturers have a local distributor that sells and services their machines. A CMI/Rex distributor representative acknowledged that the only specification preventing a bid for a CMI/Rex 3-70 machine was the weight requirement of 78,000 pounds. After declining to compromise this requirement, staff was informed that the local CMI/Rex distributor probably would not bid this brand of machine. It was staff's understanding that both a CMI/Rex brand (though not a CMI/Rex 3-70) and a Bomag brand machine meeting our specifications could be bid by a local distributor. In fact, on December 1, the bid closing date was extended to December 6 in order to give a local distributor additional time to obtain pricing from Bomag. The manufacturer was even contacted in an effort to help determine that the time extension was adequate. West Texas CAT and Al -Jon submitted bids for equipment that meet the City's specifications and are within a price range of 0.2 % to 3.6 %, depending on the combination of options considered. Al -Jon is the recommended low bidder. No bids were received for either a CMI/Rex or Bomag brand machine. After the bids were open, Bomag was contacted in an effort to determine if staff had given them adequate time City Council Meeting December 16, 1999 Page 497 to price their machine or if our requirements were restrictive. Staff were told that Bomag provided pricing for their machine to their distributor for the Lubbock area on Friday, December 3 and that the specifications were not restrictive. Several factors influence the ability of a landfill compactor to achieve maximum in -place density. Numerous studies conducted across the country show such variable results that it becomes apparent that the equipment operator has more influence on the final density that can be achieved, within the limits of the equipment, than other factors. Lighter machines with the same size wheels (footprint) cannot achieve the same density of a heavier machine. The low bids are from the following companies: Al -Jon, Inc. of Ottumwa, Iowa $367,321 Bee Equipment Sales, Inc. of Lubbock, Texas $ 87,490 STM Equipment Inc. of Arlington, Texas $116,431 The low bids are within the Capital Outlay -Heavy Moveable Equipment budget amount. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to delete Item 1, the Landfill Compactor, and approve remaining low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (37.) Bid #99287 - Trucks and Bodies (Fleet Services) This bid is for the purchase of trucks and bodies for various City departments. The low bids are from the following companies: Davis Truck & Equipment Company, Inc. of Dallas, Texas $ 52,110.00 Shamrock Chevrolet of Lubbock, Texas $ 59,992.00 Bruckner's Truck Sales of Lubbock, Texas $177,060.29 The low bids are within the Capital Outlay -Heavy Moveable Equipment budget amount. (38.) Bid #99300 - Irrigation Pipe, Valves and Fittings (Water Utilities) This bid is for the purchase of 21,500 feet of 12-inch plastic irrigation pipe and various valves and fittings. The material will be installed by Water Utilities as part of a pumping system to move water from Lakeridge Front Lake, Miller Park and Trinity/Sundial to the Texas Department of Transportation Interstate 27 drainage system. The low bid is $86,601.62 from O'Tool Plastic Pipe Company of Lubbock, Texas and is within the Storm Water Pumping Project budget amount. Staff recommended award of each bid to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions. 497 City Council Meeting December 16, 1999 Page 498 REGULAR AGENDA PUBLIC HEARINGS (39.) Ordinance No. 10236 - Zone Case No. 2868 (south of 981h Street and east of Frankford Avenue): Hold a public hearing to consider request of Scott MacKenzie for a zoning change from T to R-1 Specific Use on an approximate 126.8 acre portion of land out of Section 25, Block E-2. ORDINANCE NO. 10236 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2868; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE ZONING ON AN APPROXIMATE 126.8 ACRE PORTION OF LAND OUT OF SECTION 25, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:14 a.m. Bernie Gradel appeared on behalf of Scott MacKenzie. No one appeared in opposition. Mayor Sitton closed the hearing at 11:16 a.m. As in numerous cases during the last several years, the proponent is requesting single family zoning with a 20-foot versus 25-foot front setback. Adjacent land uses: North - residential South - residential East - residential West - residential and church site The request is consistent with both Comprehensive Land Use Plan Policy and zoning policy. This style has become prevalent for new residential subdivisions in the west and south parts of Lubbock. The proposal will have no effect on traffic. The Planning and Zoning Commission recommended approval of this request subject to the following condition: Minimum setback shall be twenty feet except that, on any radius portion of a cul de sac, the setback may be a minimum of five feet. Any garage entering from the street shall have a twenty -foot minimum front setback. Randy Henson, Senior Planner, presented staff comments. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance No. 10236 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (40.) Ordinance No. 10237 - Zone Case No. 2720-A (south of 8'h Street and between Fulton and Frankford): Hold a public hearing to consider request of Dale Lewis (for Student Housing USA, LLC) for a zoning change from R-1 and A-2 Limited to A-2 on Tract 9A, Tubbs Isham Addition and Lot A, Travis Tubbs Addition. M5.11 City Council Meeting December 16, 1999 Page 499 ORDINANCE NO. 10237 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2720-A; A ZONING CHANGE FROM R-1 AND A-2 (LIMITED) TO A-2 ZONING ON TRACT 9A, TUBBS ISHAM ADDITION AND LOT A, TRAVIS TUBBS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:17 a.m. Dale Lewis appeared to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:18 a.m. The request would accommodate a student housing apartment complex. Adjacent land uses: North - town homes South - Jefferson Commons East - commercial West - residential The request is consistent with the Comprehensive Land Use Plan and zoning policy. The proponent has agreed to a request of the developer to the west to limit structures to single story within the first 100 feet from the west property line and a condition that would ensure that lighting for the project will not be directed toward adjacent housing causing undue glare or levels of light. The staff requested the two groups to visit and is in agreement with the proposed conditions. The proposal will have no greater than anticipated effect on traffic. Frankford is scheduled to be updated to a seven -lane street. The Planning and Zoning Commission recommended approval of this request subject to the following conditions: 1. Limit structures to single story within the first one hundred feet from the west property line. 2. Lighting on the project shall not be directed toward adjacent housing causing undue glare or levels of light. Randy Henson, Senior Planner, presented staff comments. The staff supports the recommendation of the Planning Commission Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10237 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (41.) Ordinance No. 10238 - Zone Case No. 2870 (4804 39' Street): Hold a public hearing to consider request of Sam Reyes Construction Co. for a zoning change from R-1 to R-1 Specific Use for townhomes on the west 52 feet of Lot 12, Block 17, Hillcrest Addition. i • • City Council Meeting December 16, 1999 Page 500 ORDINANCE NO. 10238 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2870; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR TOWNHOMES ON THE WEST 52 FEET OF LOT 12, BLOCK 17, HILLCREST ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:19 a.m. Sam Reyes appeared to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:20 a.m. The proponent has purchased a lot that is 100 feet wide by 132.5 feet deep. A small home exists on the east half of the lot, which will remain. On the west one-half (52 feet) the proponent is requesting Specific Use zoning to construct a two unit town home. Adjacent land uses: North - residential South - residential East - residential West - residential As single-family residential, the proposal meets the intent of the Comprehensive Land Use Plan. The style of town homes is apparently not an issue with the surrounding owners; to date one letter is in opposition and no one appeared at the hearing. New construction in this area should be viewed as an asset. The total lot is 13,250 square feet. With three units, the density is just 12 % below the 5000 square foot minimum for three "standard" single-family units. There will be no effect on traffic. The Planning and Zoning Commission recommended approval of the request subject to the following condition: Front setback shall be a minimum of twenty-five feet. Randy Henson, Senior Planner, presented staff comments. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass on first reading Ordinance No. 10238 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (42.) Ordinance No. 10239 - Zone Case No. 2871 (south of 92nd Street and between Frankford Avenue and Milwaukee): Hold a public hearing to consider request of Hugo Reed and Associates (for Pipkin Property Management) for a zoning change from R-1 to R-1 Specific Use, A-2, R-2 Specific Use and C-3 on a portion of land out of Section 28, Block AK. 500 City Council Meeting December 16, 1999 Page 501 ORDINANCE NO. 10239 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2871; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE, A-2, R-2 SPECIFIC USE AND C-3 ZONING ON A PORTION OF LAND OUT OF SECTION 28, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:21 a.m. Bernie Gradel appeared on behalf of Hugo Reed and Associates for Pipkin Property Management. No one appeared in opposition. Mayor Sitton closed the hearing at 11:23 a.m. The proponent is requesting a policy zone case for these 211 acres between Frankford and Milwaukee. Adjacent land uses: North - residential South - church zoning and residential East - commercial and residential West - zoned T, vacant The request is consistent with the Comprehensive Land Use Plan. Specific Use on the residential is being used to accommodate the 20-foot front setback that has become common in new development. The area to the north in Regal Park already has the 20-foot set back in place. The two commercial areas are slightly elongated past the 660-foot policy - 1,050 feet on the east and 870 feet on the west. There is not a proposed plat south of 98`' on the west end. The Lakewood plat (south of 98' on the Frankford end of the mile) indicates a church tract that is approximately 800 feet east/west, although that plat will need to be redesigned in the northeast corner due to drainage issues. Thus, only approximately 250 feet of commercial will be across 98' from future residential. Regarding zoning policy, the commercial at the east side is buffered by R-2, while the commercial on the west side is buffered by A-2 then R-2. The project will not affect the thoroughfare system in a manner not already anticipated. The Planning and Zoning Commission recommended approval of the request subject to the following conditions. 1. The R-1 and R-2 areas may have a twenty -foot front setback with a minimum of five -feet on cul de sac lots except that any front entry garage shall have a minimum of twenty feet of front setback. 2. The C-3 tracts shall be subject to the following: a site plan, including building elevations showing materials, color, texture and a detailed landscape plan shall be submitted to the Planning and Zoning Commission for approval prior to the issuance of a building permit. Randy Henson, Senior Planner, presented staff comments. The staff supports the recommendation of the Planning Commission. 501 City Council Meeting December 16, 1999 Page 502 Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to pass on first reading Ordinance No. 10239 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (43.) Ordinance No. 10240 - Zone Case No. 2439-B (2209 Slide and 5010 24'h Street): Hold a public hearing to consider request of Charles Skibell for a zoning change from R-1 to R-1 Specific Use for garden homes on Lots 49 and 50, Bobalet Heights Addition. ORDINANCE NO. 10240 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2439-13; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON LOTS 49 AND 50, BOBALET HEIGHTS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:25 a.m. Charles Skibell appeared to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:27 a.m. The proponent is under contract to buy two large lots adjacent to Slide and 24'. The north lot has an older home that would be removed. Adjacent land uses: North - residential South - residential East - residential West - residential The request is consistent with the Comprehensive Land Use Plan and zoning policy because Garden Homes are simply a style of single-family development subject to the perceived compatibility of the project with adjacent owners. The staff is of the opinion that these infill projects are highly desirable and create efficiency of the current infrastructure. No one appeared at the public hearing. The Planning and Zoning Commission recommended approval of the request subject to the following condition: Should an alley or utility easement be parallel to Slide Road, the alley or easement shall be screened with a masonry wall that conforms to visual access guidelines at 24`' Street and Slide Road. Randy Henson, Senior Planner, presented staff comments. The staff supports the recommendation of the Planning Commission. Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10240 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. BOARD APPOINTMENTS (44.) Consider seventeen appointments to the Millennium Advisory Committee. 502 City Council Meeting December 16, 1999 Page 503 Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Don Caldwell, Dr. Kenneth Ray Davis, Danny Espinosa, Alan Henry, Joe Ince, Kenny Maines, Mike McDougal, John Owens, Kathy Porter, Phil Price, Yvonne Racz, Kerry Sessions Griffith, Eric Strong, Andy Wilkinson, and Katy Jordan to the Millennium Advisory Committee. Motion carried: 6 Yeas, 0 Nays. 11:29 A.M. COUNCIL RECESSED TO EXECUTIVE SESSION 12:40 P.M. COUNCIL RECONVENED 12:40 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Cooke adjourned the meeting with the majority of remaining Council present at adjournment: Councilmember Cooke, Councilmember Hernandez, Councilmember McDougal, and Councilmember Patterson. 0,44 Aa WINDY SI ON, MAYOR ATTEST: lr, 11i i� Kaythie''Darnell, City Secretary Read and approved this `" day of , 2000. WINDY SITTO MAYOR ATTEST: Kaythi� Darnell, City Secretary 503