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Home My WebLink AboutMinutes - City Council - Regular - 9/26/1985527 REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 26, 1985 The City Council of the City of Lubbock, Texas met in regular session on the 26th day of September, 1985 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 9:00 a.m. Present: Mayor Alan Henry, Mayor Pro Tem George Carpenter, Councilman T. J. Patterson, Councilman E. Jack Brown, Councilwoman Joan Baker, Councilwoman Maggie Trejo, Councilman Bob Nash, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor Henry called the meeting to order at 9:00 a.m. 85-44A-527-791 ( l.) The Invocation was given by J. Robert Massengale, Assistant City Manager, Financial Services. 85-44A-527-792 ( 2.) The Pledge of Allegiance to the Flag was given in unison by those in the Council Chambers. 85-44A-527-793 ( 3.) PROCLAMATIONS "Join Your PTA Days" September 26-October 15, 1985 "Emergency Medical Services Week" September 29-October 5, 1985 "Cosmetology Month" October, 1985 "Share A Song Week" October 1-7, 1985 "CONTACT Teenline Week" October 6-12, 1985 "Respiratory Therapy Week" October 6-12, 1985 "Mental Illness Awareness Week" October 6-12, 1985 "Airline Appreciation Week" October 7-11, 1985 85-44A-527-794 ( 4.) Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Carpenter, to approve the Minutes of the September 12, 1985 meeting as written. Motion carried: 7 Yeas; 0 Nays. 85-44A-527-795 ( 5.) Don Osborne will appear to discuss right-of-way closure policy affecting Lot 4, Villa West Addition. Don Osborne appeared on behalf of Jim Collins, stating that on May 23, 1985 Council considered Mr. Collins' request for closure of part of an alley on the east side of Lot 4, Villa West Addition. The alley to be closed is no longer needed to accommodate turning movements for sanitation trucks, due to the dedication of an alley cut-off at the corner of the alley. The request was approved by City Council subject to a purchase price of $1 per square foot, about one-third the comparable fair -market sales in the general area; however, since the alley to be closed would be of very little value to anyone other than Mr. Collins, the Right -of -Way Department valued the land at $1 per square foot. Initially, Mr. Osborne requested a waiver of land sale cost; however, the Legal Department advised that the Right -of -Way Department must abide by the Resolution setting up closure policies. Mr. Osborne's request was that Council reduce the $1 per square foot appraisal of the Right -of -Way Department to a total price of $50 before Mr. Collins resumes closure action, including plat preparation. 528 September 26, 1985 Even though this right-of-way is only valuable to this landowner, since it is public right-of-way, there is a value on the property and the public must be reimbursed for it. Motion was made by Councilman Brown, seconded by Mayor Pro Tem Carpenter authorizing a reduction to 644 per square foot value set by the Tax Appraisal District. Motion carried: 7 Yeas; 0 Nays. 85-44A-528-796 ( 6.) Consider Ordinance #8810 granting a Franchise to Adobe Oil Company. ORDINANCE #8810 ORDINANCE NO. 8810 ORDINANCE OF THE CITY OF LUBBOCK, TEXAS GRANTING TO POWER-TEX JOINT VENTURE (A JOINT VENTURE FORMED BY ARTICLES OF JOINT VENTURE MADE AND ENTERED INTO THE 2ND DAY OF JULY, 1984, AS AMENDED BY AN AGREEMENT DATED NOVEMBER 20, 1984, BY AND BETWEEN GGSI GAS CO., A TEXAS CORPORATION, DESIGNATED MANAGER OF THE JOINT VENTURE, AND, POWER LINE, INC., AND WEST TEXAS TRANSMISSION CORPORATION, BOTH TEXAS CORPORATIONS, WITH THE PRINCIPAL OFFICE OF THE JOINT VENTURE BEING IN THE CITY OF MIDLAND, MIDLAND COUNTY, TEXAS) THE RIGHT TO CONDUCT IN SAID CITY THE BUSINESS OF ACQUIRING, MAINTAINING, INSTALLING AND OPERATING A GAS PIPELINE SYSTEM FOR THE TRANSMISSION AND DISTRIBUTION OF NATURAL GAS TO COMMERCIAL CUSTOMERS IN THE CITY OF LUBBOCK FOR COMMERCIAL LIGHT, HEAT, POWER AND OTHER COMMERCIAL PURPOSES, AND THE RIGHT TO USE THE STREETS, ALLEYS AND OTHER PUBLIC WAYS IN SAID CITY FOR SAID PURPOSES: PRESCRIBING THE CONDITIONS, LIMITATIONS AND RESTRICTIONS UNDER WHICH SAID PRIVILEGES MAY BE EXERCISED: AND PRESCRIBING A TERM OF TWENTY (20) YEARS FOR SAID FRANCHISE RIGHTS. 85-44A-528-797 ( 8.) Consider Ordinance #8820 amending Ordinance #8190 authorizing removal of traffic signal at 9th Street and Avenue K. ORDINANCE #8820 ORDINANCE NO. 8820 AN ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A TRAFFIC SIGNAL AT 9TH STREET AND AVENUE K AND AUTHORIZING THE REMOVAL OF SAID TRAFFIC SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL. 85-44A-528-798 ( 9.) Consider Ordinance #8821 amending Section 27-4 of the Code of Ordinances. ORDINANCE #8821 ORDINANCE NO. 8821 AN ORDINANCE AMENDING SECTION 27-4 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ADVERTISING OF TAXICABS AND SIMILAR TRANSPORTATION SERVICES; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilwoman Baker passing on second and final reading Ordinance #'s 8810, 8820 and 8821 as recommended by City Staff. Motion carried: 7 yeas; 0 Nays. 85-44A-528-799 ( 7.) Consider Ordinance #8819 amending Ordinance #8190 authorizing the removal of the traffic signal at Broadway and Avenue 0. ORDINANCE #8819 September 26, 1985 529 ORDINANCE NO. 8819 AND ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A TRAFFIC SIGNAL AT BROADWAY AND AVENUE 0 AND AUTHORIZING THE REMOVAL OF SAID TRAFFIC SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL. The first reading on this Ordinance was August 22, 1985. Second reading was tabled by the City Council on September 12, 1985, pending analysis of a signal removal 1 1 at Broadway and Avenue N. Mr. O.V. Scott, representing First National Bank, requested that the signal be left in place to facilitate pedestrian traffic into the bank. Larry Hoffman, Director of Traffic and Transportation, f stated that pedestrian warrant studies by the Traffic I I Engineering Department indicated a total of 136 in the highest volume crosswalk for a nine -hour period, whereas the Uniform Traffic Control Manual warrants require 150 pedestrians per hour for any eight hours of an average day. Staff recommended that the Ordinance be passed on second and final reading, because of the results of the study done by Traffic Engineering. Motion was made by Councilman Nash, seconded by Councilwoman Baker to authorize removal of the traffic signal at Avenue 0 and Broadway. Motion failed: 3 Yeas; 4 Nays --Mayor Henry, Councilman Carpenter, Councilman Brown, and Councilwoman Trejo. Motion was made by Councilwoman Baker, seconded by Councilman Nash to rescind action in the previous motion and to authorize the signal to be left flashing red north and south and yellow east and west for three months to allow for further study of the situation. Motion carried: 7 Yeas; 0 Nays. THE STATE OF TEXAS Cou c i wi)i COUNTY OF LUBBOCK oub°t` "sari"s`an t"g �u e m in Before me De ro t h y R u s c e I 1 a Notary Public in and for Lul a itv�Cavnci cha "00 an tt this day first loar of i itY tfiail at�,40 14 personallyappeared Twit a Aufi 1 t . Account Manager weer iubback fex 1taean,d�� Newspa- pers pP k �"er tide racammendaans kof �.rt ers Corporation. publishers of the Lubbock Avalanche -Journal — Morr tpta"ninand zan'ns c°!"'iis ay, who i P Po P that the x ins district of the pr being by me duly sworn did depose and say that said has newspaper s been r'ettlrtteredeEcri Vxchaitg for more prior than fifty-two weeks to he first insertion of this f Oda j onnortunity to t be , hearff atte� No.A78S29 at Lubbock Coun "��+`heaiingsktha uitS *C n ied print - Legal ed copy of the Legal Notice is a true copy of the original Ordtriangeanc��;mapwtitbeatnagcw Lubbock p, fts accardan�a wtttrxuc}t red• Avalanche -Journal on the following dates: se pt. li, onmerxi NO;4, ' 4s3�5 20NE ea a �a s5�s TM�t;.ocared� 578 Words Ca 38t Per word = t219-6e at tNexnbrfh4at afst ". 1 Street ansri infer Avdnue�t Hold a� i pubii`c hearing an the req�iest ofiR: T .�gYadeNicsanfor a ahanceaf tcrir h9 from ark t4tC 3 unda�r prod ��Jl `sfons?ot�Secttett2919Oi"theCoSle,�#t op, din;fractances of 1M City of I ubbock aohi'end out of Secttoni sHtal� it`b CttY of t.ubtxkk i 4uir twcWCount' Texas c 3� Account Manager �xOit OAsE "° zsa t `attxd at 5gth!treet)gHotd a pttbfic', LUBBOCK AVALANCHE -JOURNAL hearing an}the request of Robert $t»b "ptiie�s;`antl�Ehe�M)tlar) Southwestern Newspapers Corporation roc t n �Qr.xanin r C�t;,dnder rpvf ions af�Sectiort29=' of the"Gear"OrdIna nces of the {City`=+att.ubback an+cots 3rtQd, � 0"� k A arM the S`o. th 267af ff,�i; Subscribed and sworn to before me this a.I day of Sep t lei � x eat Haack ¢tiSirbultanz or�es�Addttion CitvyafLubboc�C' �cubiwckCot{intiY i�1"exas (, } R '�,� ON�E}jCASE NO 1 a�ndOBba"fi".tilG' �R �ns t'for�C�cks B'i(iib�r��i�f'o �f �@xs� fd� 8pecifcseofa a Iki}artlPri�or �with;Bear<5ales under provisions, FORM 58-10 af"5ectian 24 2ft at'ttre,Ca`de atOrdi .. ;dances of tiro City atkciptack, an k,ttie. south 211 94" of lot ��,Gamelo Adifttian 'Ci?yn of C,ubbdGk �ub• �ttacicCountv°'fexas!�tq� �'. i �ZO?tE`CdS� NO `�t1Si� fcocatedi+ afttt>` iWfheastp cownat: of jB7th _ ! 3 Hot�da,�ii��k+aati�8�haeiah��ree)-` qd"est ojiMark Barro>t t is„BI r� by Padnett}; for a change of Zo ntng< untlar,�a+Kaviswn 71" f�afiSeetiani29.24�t 1heti,CtxTe,Ot�Odt narfCes` of the�Gity ofY.ubtxfck on sl.`as�a xaartnroah,23s ��Bicentanniai ' IEuthbockwitvr{Yexa ot.cubbock ; ZONE CASE NO 123 Fttocted at"�ther rwrfkivrest gcoKnet'�af 58th ` 85-44A-529-800 street andaChicaga AvenueiHoid pubiiECarron�ttot B"arronWr gh#Y (10.) ORDINANCE #8822--Zone Case #2539 (a�Yatnt>riv�tuefa� ath- east corner of 19th Street and Inl=$nga ' tio"stoti OKdinsnca8599 underK+ra�� Public Hearing on the request of F viian7afsecra`°tt"he;«ie ofOr i`nanca of t o Cftir atytulr� 0 r d change of zoning from T to C-3 u Section 29-29 of the Code of Ordi n` 5'°+ land out of Section 2, Block D-6atthe�st,.a$i°'��" '�fi°ee nctAicovar4"venue�H 1 a �gvbiheher�ng ofr��"'�r'eauas`t,�at+ ORDINANCE #8822 e , rAYP�b$Ia�r�SkO,a't"Yf�"ar.. 530 September 26, 1985 ORDINANCE NO. 8822 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2539; A CHANGE OF ZONING FROM "T" TO C-3 UNDER PROVISIONS OF SECTION 29-29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ON A TRACT OF LAND OUT OF SECTION 2, BLOCK D-6, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 29-31(a) OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLI- CATION. Mr. R. T. Frederisken appeared to make this the request for C-3 on two tracts: one at the corner of 19th Street and Inler Avenue (FM 179) and the other approximately 1,700' north of the intersection. No one appeared in opposition to the request. The adjacent land use relationships are as follows: North - T zone, vacant or agriculture South - T zone, vacant or agricultural East - T zone, single family West - T zone, single family Assistant City Manager Jim Bertram stated that the request is consistent with the Comprehensive Plan for commercial at the intersection of 19th Street and Inler Avenue, with the exception of size. The proponent's ownership is approximately one -quarter the ten acre area suggested as a maximum per corner by policy, and Bertram said that in the recently annexed area few zone changes will occur on a full -policy basis. The area requested for C-3 includes an existing grocery store with gas pumps and several small residential units which will be non -conforming. Otherwise, the area is just developing and C-3 uses will not be particularly incompatible. The Planning Commission and City Council have approved an updated Land Use Plan map which indicates commercial policy for the area at the intersection and residential for the north tract. The request is from a "T" zone. The north tract is not eligible for commercial status by policy. Any business in that location is protected by non -conforming status for the activity occurring on the effective date of annexation (December 27, 1984). The Comprehensive Plan indicates a need for site planning of commercial on major thoroughfares, which Staff recommends for any new development prior to a construction permit. The existing development could continue even without this zone request. The zoning will have no appreciable effect over existing uses on traffic. Staff recommended that the City Council uphold the Planning Commission's approval of the south tract. The Commission recommended a condition for Site Plan approval by the Planning Commission prior to issuance of a Building Permit. The Planning Commission and Staff did not recommend approval of commercial on the north tract. Motion was made by Councilman Brown, seconded by Council- woman Baker to pass on first reading Ordinance #8822 as recommended by the Planning Commission and City Staff and with the stipulations that approval was not given for commercial zoning on the north tract, and Site Plan will have to be reviewed and approved by the Planning Commis- sion prior to issuance of a Building Permit. Motion carried: 7 Yeas; 0 Nays. 85-44A-530-801 (11.) ORDINANCE #8823--Zone Case #2540 (Located at 514 50th Street) --Hold a Public Hearing on the request of Robert M. Phillips for J. W. Wright, W. H. (Dub) Hicks and Ethel Miller for a change of zoning from C-3 to C- under provisions of Section 29-29 of the Code of Ordinances on Lots 2, 3, and 4, Block 4, and the south 126 of the east 75 of Block 4, Suburban Homes Addition. ORDINANCE #8823 September 26, 1985 531 ORDINANCE NO. 8823 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2540; A CHANGE OF ZONING FROM C-3 TO C-4 UNDER PROVISIONS OF SECTION 29-29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ON LOTS 2, 3, AND 4, BLOCK 4, AND THE SOUTH 126' OF THE EAST 75' OF BLOCK 4, SUBURBAN HOMES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 29-31(a) OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mr. Robert Phillips appeared to speak on behalf of J. W. Wright, W. H. Hicks and Ethel Miller for a request in change of zoning from C-3 to C-4,. Mrs. E. A. Darwin appeared to ask questions regarding what is to be built on this land. Mr. Phillips stated that it will become a used car lot. The adjacent land use relationships are as follows: North - Zoned R-1, one lot residential and two lots vacant South - Zoned C-2A, vacant East - Zoned C-4, vacant West - Zoned C-3, vacant Jim Bertram, Assistant City Manager, reported that the request is not a deviation from the currently approved commercial on the Comprehensive Plan, but by considering this zone request with a proposed Site Plan, or requiring Site Plan review for future development, Council can ensure greater compatability with existing uses than may occur under the existing C-3 zoning which is not tied to a Site Plan. The Zone Case is within the area being studied by the Interstate 2.7 Zoning Committee of the Planning Commission. Bertram stated that the primary question to the Planning and Zoning Commission was a satisfaction with the heavier uses allowed by C-4 versus C-3, while acknowledging the number of adjacent unrestricted C-4 tracts. The reloca- tion of businesses that require C-4 from the Interstate right- of -way is causing major changes in this immediate area and the rest of the City. Additional effects should be minimal for the street system. Staff recommended that the City Council uphold the Planning Commission approval. The Commission tied the west two lots to the proposed Site Plan and the east two lots to future Site Plan approval by the Planning Com- mission. Motion was made by Councilman Patterson, seconded by Councilwoman Baker passing on first reading Ordinance #8823 as recommended by the Planning Commission and City Staff. Motion carried: 7 Yeas; 0 Nays. 85-44A-531-802 (12.) ORDINANCE #8824--Zone Case #2541 (Located at the southwest corner of 19th Street and Alcove Avenue) --Hold a Public Hearing on the request of Wes Hallmark for Glenn Maness for a change of zoning from T to C-4 under provisions of Section 29-29 of the Code of Ordinances on a tract of land out of Section 41, Block A-K. ORDINANCE NO. 8824 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2541; A CHANGE OF ZONING FROM "T" TO C-4 UNDER PROVISIONS OF SECTION 29-29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ON A TRACT OF LAND OUT OF SECTION 41, BLOCK AK, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 29-31(a) OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICA- TION. Mr. Wes Hallmark appeared to present this request for C-4 at 19th Street and Inler Avenue. 532 September 26, 1985 No one appeared to speak in opposition to the request. Mr. Bertram advised that the annexation of this area caught the proponent in the process of developing this tract, and that Staff has assisted in reworking the Plan with regard to right-of-way, plat requirements, parking, landscape, and building materials. The adjacent land use relationships are as follows: North - Zoned T, vacant on corner South - Zoned T, vacant East - Zoned T, vacant West - Zoned T, (Mr. Wigley's rentals) In terms of intensity of zoning and site planning, the request is consistent for location with the recently approved Comprehensive Land Use Plan. The problem with this and many coming zone cases in the West Lubbock annexation area is that existing development and frag- mented ownership on corners will frustrate application of pure Comprehensive Plan policies. At the Planning Commission hearing, Staff requested the Commission to consider this C-4 Zone Case consistent with the restrictions applied in all of the recent zone cases on 19th Street west of Loop 289. These cases have had a site plan review requirement as well as excluding the following uses: 1.. Auto body shops 2. Billboards 3. Commercial private clubs and teen clubs 4. Dancehall 5. Feed store 6. Used furniture store 7. Gameroom (except incidental), pool, billiard and/or domino parlor 8. Motorcycle shop 9. Public kennel 10. Second-hand goods store or pawn shop 11. Used car lot 12. Nightclubs Mr. Bertram stated that the site plan, as presented, is about as efficient as possible for the tract size. Raise -up doors on the fronts of proposed buildings do not create the best looking facade, but the lot depth prevents access from the rear. Effects on the adjacent streets should be minimal. The Planning Commission approved the request with two conditions: 1. Tied to the Site Plan as presented, except that the 5% landscape requirement would not include the proposed aggregate sidewalk. 2. That the following uses be excluded from the C-4 district: a. Billboards b. Commercial private clubs and teen clubs C. Dancehall d. Gameroom (except incidental), pool, billiard and/or domino parlor e. Public kennel f . Used car lot g. Nightclubs Staff recommended that the Planning Commission be upheld. Motion was made by Mayor Pro Tem Carpenter, seconded by Councilwoman Trejo passing on first reading Ordinance #8824 as recommended by the Planning Commission and City Staff with stipulations set out in #'s 1 and 2 above. Motion carried: 7 Yeas; 0 Nays. 85-44A-532-803 (13.) ORDINANCE #8825--Zane Case #2115-D (Located at the southeast corner of 87th Street and University Avenue) --Hold a Public Hearing on the request of Mark Barron for Barron & Padgett for a change of zoning from A-1 to C-2A under provisions of Section 29-29 of the Code of Ordinances on Lots 231 through 239, Bicentennial Estates Addition. September 26, 1985 ORDINANCE #8825 ORDINANCE NO. 8825 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2115-D ; A CHANGE OF ZONING FROM A-1 TO C-2A UNDER PROVISIONS OF SECTION 29-29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK ON LOTS 231 THROUGH 239, BICENTENNIAL ESTATES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 29-31(a) OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mark Barron appeared to speak in favor of his request for C-2A zoning limited to professional offices on this property, as the new Garden Office District is not in place yet. No one appeared in opposition to the request. The adjacent land use relationships are as follows: North - C-2, vacant South - R-1, single-family East - R-1, residential West - R-1, vacant Mr. Bertram stated that with the restriction to Garden Office development, this request complies with the Comprehensive Plan as a buffer zone, and will replace an existing apartment zone. Either are acceptable within the Comprehensive Plan for buffer development. The re -zoning should have a negligible net effect on the street system. Staff recommended that the approval by the Planning Commission be upheld by the Council. Since the Garden Office District is not a part of the Code yet, the Planning Commission recommended the following conditions: 1. Limited to general/professional office --no retail sales. 2. 10% landscape requirement on the development tracts. 3. Restrict signs to the AM district standards. 4. Site plan review by Staff with appeal to the Commission. 5. Allow 25' setback if parking is to the side or rear of buildings. 6. 1:200 parking ratio. Motion was made by Councilman Nash, seconded by Councilman Brown to pass on first reading Ordinance #8825 as recommended by the Planning Commission and City Staff and with stipulations as set out in #'s 1-6 above. Motion carried: 7 Yeas; 0 Nays. 85-44A-533-804 (14.) ORDINANCE #8826--Zone Case #1923-F (Located at the northwest corner of 58th Street and Chicago Avenue) --Hold a Public Hearing on the request of Mark Barron for Barron -Wright Second Joint Venture for a change of zoning to delete conditions of Ordinance #8589 under provisions of Section 29-29 of the Code of Ordinances on Tract E. C.C. Knott Addition. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1923-F; CHANGE TRACT E, C. C. KNOTT ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO DELETE LIMITATIONS ON C-2 ZONING CONTAINED IN CONDITION "a" OF ORDINANCE NO. 8589 AND PROVIDE THAT IT BE SUBJECT TO FURTHER CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 29-31(a) OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING 534 September 26, 1985 Mark Barron appeared to request open C-2 zoning uses on this property. No one appeared in opposition to the request. Mr. Bertram stated that the proponent was limited to the C-2 uses of a pharmacy, restaurant, convenience store and C-1 uses. The adjacent land use relationships are as follows: North - Zoned A-1, apartment uses South - Zoned C-3 Specific use, vacant East - Zoned A-1 West - Zoned A-1, apartment uses With a minor plan change from high density to commercial during the previous Zone Case, the existing zoning is consistent with the Comprehensive Plan. Although the request remains inconsistent with general Comprehensive Plan policies for commercial at major intersections, this entire triangle between 50th Street, Loop 289, and Slide Road does not conform to the general Plan policies. A major change for zoning has occurred in this immediate area, with approval of the 53rd Drive and associated zoning. Also, the Council approved a free-standing C-3 shopping area immediately south of this location. With an increase of commercial activities north and south of this location, the Council was asked to review the intensity of commercial use for these buildings. Since construction is virtually complete for a portion of the project, site planning is already illustrated. The effect on streets in the area should be minimal over the existing approved uses. The Staff felt the request was justified and recommended that the City Council uphold the Planning Commission. The increased zoning allowed in the general vicinity makes the restricted uses of the existing case unnecessary. The Planning Commission placed one condition: 1. That the development be tied to the existing Site Plan. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Carpenter passing Ordinance #8826 on first reading and stipulating that the development be tied to the existing Site Plan, as recommended by the Planning Commission and City Staff. Motion carried: 7 Yeas; 0 Nays. (SEE PAGE 537, ORDINANCE #8829) THE STATE OF TEXAS M-2320-R5 COUNTY OF LUBBOCK Before me Dorothy Russell a Notary Public in and for I personally appeared Twi1a Auf111 Account Mana>ser _ pers Corporation, publishers of the Lubbock Avalanche -Journal — Mc being by me duly sworn did depose and say that said newspaper hasl No. beE than fifty-two weeks prior to the first ins�e7 io5n of this at Lubbock Coy° ed copy of the Le g a ( N o t i e e is a true copy of the origin Avalanche -.Journal on the following dates: Seat 11 , 1985 243 Words Ca 38t per word = $92 34 JI r, C A 2S of Account Manager a' 8( #o LUBBOCK AVALANCHE -JOURNAL �er en Southwestern Newspapers Corporation i t en for I Subscribed and sworn to before me this I I day of Sen�-t ct � rta )n this day •n Newspa- nday, who for more hed print - Lubbock _'n oo September 26, 1985 535 M-2320-R3 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Do r o t h y R u s s e l l a Notary Public i personally appeared Twi I a Aufi 1 I + Account Mana pers Corporation, publishers of the Lubbock Avalanche-Jouw being by me duly sworn did depose and say that said newspar than fifty-two weeks prior to the first insertion of this No 677643 at L ed copy of the Legal Notice is a true copy o: Avalanche -Journal on the following dates: September 2459 Words @ 38t Per word = $934.42 7t Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 9 t h day of S e p FORM 58-10 85-44A-535-805 (15.) ORDINANCE #8827--Zone Case #2538--Hold a Public Hearing on request of City of Lubbock to change a tract of land described in the Ordinance, from T to R-1 zoning district and RE Specific Use Permits under provisions of Section 29-24 c 3 of the Zoning Ordinance, for resi- dential estates on areas specified below located in the Carlisle Annexation. ORDINANCE #8827 ORDINANCE NO. 8827 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2538; A CHANGE OF ZONING FROM "T" TO R-1 ZONING DISTRICT UNDER PROVISIONS OF SECTION 29-29 OF THE ZONING ORDINANCE AS CODIFIED, AND TO RE SPECIFIC USE PERMITS UNDER PROVISIONS OF SECTION 29-24(c)(3) OF THE ZONING ORDINANCE FOR RESIDENTIAL ESTATES ON A TRACT OF LAND COMMONLY KNOWN AS THE CARLISLE ANNEXATION AND MORE PARTICULARLY DESCRIBED HEREIN, SAVE AND EXCEPT CERTAIN AREAS WHICH HAVE BEEN PREVIOUSLY ZONED AND ARE TO BE EXCLUDED FROM THESE R-1 AND RE SPECIFIC USE DISTRICTS, AND SAVE AND EXCEPT CERTAIN AREAS WHICH ARE NOT TO BE REZONED AND ARE TO REMAIN "T" TRANSITION DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Jim Bertram reported that this case, initiated at the request of the City Council, zones all the territory that is presently zoned "T" in the Carlisle Annexation to R-1 and R-E. The aspect of R-1 is to help reduce the time it takes to get homeowner permits for residential repair and construction. Homeowner repairs were underestimated because the City had never experienced an annexation with such a large existing population base. The R-E (Residen- tial Estates) portion was designed to accommodate those existing subdivisions where animals and large -lot development prevailed. During the Planning Commission Hearing, a few landowners requested their property to be left in the "T" zone for various reasons. The Commission agreed, with all parties understanding that no expansion or new development could take place without zoning. Those areas that were dropped from the case are noted on a map on file in the Planning Department. Between the P&Z hearing and the City Council meeting a legal non -conforming caliche pit (Specific Use Permit required) between the Pine Hills Subdivision and the Pine � 536 September. 26, 1985 Hills Golf Course had been reactivated with plans to expand to 55 acres. The recent Land Use Plan and this Zone Case re -confirms low -density residential develop- ment. No one appeared to speak in opposition to this request. The Staff recommended that the Council uphold the Planning and Zoning Commission. Motion was made by Councilman Brown, seconded by Councilwoman Baker passing on first reading Ordinance #8826 as recommended by the Planning Commission and the City Council. 85-44A-536-806 (16.) ORDINANCE #8828--Zone Case #1598-D (Located west of Loop 289 and about 200 south of 34th Street) --Hold a Public Hearing on the appeal of Wayne Robins for Clicks Billiards for a change of zoning from C-4 to C-4 Specific Use for a Billiards Parlor with beer sales under provisions of Section 29-29 of the Code of Ordinances on the south 211.94 of Lot 4, Camelot Addition. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1598-D; CHANGE LOT 4, CAMELOT ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO AMEND THE CONDITIONS OF ORDINANCE NO. 8793 ON SAID LOT TO INCLUDE A C-4 SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 29-24(c)(24) OF THE ZONING ORDINANCE, FOR A BILLIARD PARLOR WITH ALCOHOLIC BEVERAGE SALES; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 29-31(a) OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Wayne Robins, representing proponents, appeared to request that City Council disregard the recommendation of the Planning Commission and authorize a change in zoning as requested by proponents. Mr. Nick Alexander and Mr.,David L. Puterbaugh also spoke in favor of this request. Mr. Arch Lamb spoke in opposition to the request, and also presented a petition to the Council which he said contained 500+ signatures of residents of the Lubbock area who oppose this request. The petition was presented to the City Secretary for filing in her office. Mr. Robins stated that this request is for Specific Use Zoning to amend the existing zone district to allow billiards and beer sales. The zone district approved by Ordinance #8739 on June 28, 1985, is subject to two conditions: a. A list of allowable uses, within which pool halls, billiard parlors, game rooms, and night clubs are not included. b. A Site Plan, including building elevations, building materials, color and texture shall be submitted and approved by the Planning and Zoning Commission on the entire tract under this Zoning Ordinance (Lots 4 and 5) prior to the issuance of a building permit. The adjacent land use relationships are as follows: North - Zoned C-4, vacant South - Zoned C-4, vacant East - Loop 289 West - Zoned C-4, Payless Cashway Jim Bertram stated that the request is consistent with the Comprehensive Plan in that the southwest intersection is commercial by policy. The C-4 District is eligible for heavy retail that serves a city-wide or regional area on a regional thoroughfare. Loop 289 meets the test for a state or federal highway. The City Council was requested by this Specific Use Permit to allow a billiards establish- ment and provide for the sale of beer only. September 26,1985 537 Adjacent land uses have not changed since the previous Zone Case, and the original Zone Case contained comments by both Staff and the public about the lack of traffic capacity within the intersection of 34th Street and Loop 289. The Staff recommended upholding the Planning Commission denial. Motion was made by Mayor Pro Tem Carpenter, seconded by Councilman Patterson upholding the Planning Commission recommendation and denying Ordinance #8828. Motion carried: 4 Yeas; 3 Nays --Mayor Henry, Councilwoman Baker, and Councilman Brown. 85-44A-537-807 (17.) Consider approval of Site Plan for 82nd and Slide Road. Joe Reed, representing the proponents, presented a Site Plan for this request. Motion was made by Councilman Brown, seconded by Councilman Nash approving Site Plan as presented. Motion carried: 6 Yeas; 1 Nay --Councilwoman Baker. 85-44A-537-808 (18.) Consider Ordinance #8829 amending Zoning Ordinance #7084 by increasing the penalty for violation of any of the (Publication Notice on Page 534) provisions in Ordinance #7084. ORDINANCE #8829 1.1 ' 1 :: • AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 BY INCREASING THE PENALTY FOR VIOLATION OF ANY OF THE PROVISIONS OF ORDINANCE NO. 7084; PROVIDING A SAVINGS CLAUSE; AND PROVIDING A PENALTY. Mr. Bertram reported that this change is to change the Zoning Ordinance penalty provisions from $200 per day to $1,000 per day due to recent changes in State Law. The Planning and Zoning Commission recommended that the City Council approve this Amendment. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Carpenter passing on first reading Ordinance #8829, on recommendation of the Planning Commission and the City Staff. Motion carried: 7 Yeas; 0 Nays. 85-44A-537-809 (19.) Consider Ordinance #8830 amending Chapter 29 of the Code of Ordinances entitled Zoning by amending Section 29-30 b 6 to add a new Subsection k, providing for regulation of locations of adult entertainment establish- ments or enterprises or massage parlors. ORDINANCE #8830 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "ZONING", BY AMENDING SECTION 29-30(b)(6) TO ADD A NEW SUBSECTION k. PROVIDING FOR REGULATION OF LOCATIONS OF ADULT ENTERTAINMENT ESTABLISHMENTS OR ENTERPRISES OR MASSAGE PARLORS; BY AMENDING SECTION 29-22(c) TO ADD NEW SUBSECTIONS (la) ADULT ENTERTAINMENT ESTABLISHMENTS AND ENTERPRISES AND (30a) MASSAGE PARLORS AS PERMITTED USES IN THE M-1 ZONING DISTRICT; AND PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Jim Bertram stated that this Amendment was proposed by the Zoning and Police Departments to be more consistent with the Massage Parlor Ordinance. The proposed Amendment places adult entertainment facilities and massage parlors in "M-1" districts and specifically establishes a separation distance from public facilities and other massage parlors. It also places the enforce- ment of the Ordinance in the Police Department. 538 September 26, 1985 The Staff recommended that the City Council uphold the Planning and Zoning Commission. After discussion, City Council instructed that the City Attorney, and representatives from the Police Department and Zoning Department research this further and investigate the possibility of amending the Ordinance to prevent adult entertainment and massage parlor establishments from locating inside the City limits. Council expressed the opinion that the City should avoid placing these kind of uses exclusively in M-1, as this would place the largest concentration in East Lubbock. Mr. Harold Chatman appeared to speak against this Ordinance for the same reason as Council stated. Motion was made by Councilman Brown, seconded by Councilman Patterson that the City Attorney and other appropriate City Staff study the possibility of rewriting the Amendment to disallow adult entertainment and massage parlor businesses in the City limits of Lubbock. Motion carried: 7 Yeas; 0 Nays. THE STATE OF TEXAS PO No. 2320-R17 COUNTY OF LUBBOCK Before me Theo W. Sagebie I a Notary Public in and for Lubbock County, Texas on this day personally appeared Tw i 1 a A u f i 1 1 e A e e o un t Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Leasa I Notice No. 683936 at Lubbock County, Texas and the attached print- ed copy of the Legal Notice is a true copy of the original and was printed in the Lubbock Avalanche -.Journal on the following dates: 9 / 19 / 85 AA urn rrlc Ca .718 = $24. 32 Account M aO_er LUBBOCK AVALANCHE JOURNAL 1 Southwestern Newspapers Corporation I Subscribed and sworn to before me this L9 � day of Sep t e mb e r lg 85 II THEO W. S GP EL Notary Public i:l _, ?or the i STATE Or TE) AS FORM 58-10 My Comm'fssion Expires Nlay 8th 1989 85-44A-538-810 (20.) Hold a Public Hearing to consider a request by Joe Marchant, dba Lubbock Limo, Inc., to determine whether the public convenience and necessity would be served b permitting a Touring Vehicle Service in the City of Lubbock. Joe Marchant appeared concerning his request to obtain a permit to operate a Touring Vehicle Service in the City of Lubbock. Mr. Marchant is currently the Owner and President of Lubbock Limo, Inc. He stated that he proposes to operate two 1985 luxury mini -buses with a seating capacity of 22 passengers. The vehicles have been purchased, insurance has been acquired, and performance bond has been obtained to operate this service. Proposed luxury mini -bus charter rates are as follows: In Town Rates 1. $45 an hour with a (locally). 2. $45 an hour with a weekends (locally). two-hour minimum on weekdays three-hour minimum on September 26, 1985 Out Of Town Rates l. $375 a day or $1.20 d mile, whichever is greater, out Of town. This price includes chauffeur, gas, glasses, napkins and ice. No one appeared in opposition to this request. The following information was collected and reviewed by Staff, and was considered by City Council in making their decision: I. The financial responsibility of the applicant. Mr. MarChdDt has Operated Lubbock Limo for the past three years and during that time has increased his fleet from three to five vehicles. He has paid his loans and debts in d timely manner and d08S not have any outstanding notes due. 2. -Number, kind, and type of equipment and the color scheme to be used by the applicant. Mr. MOrChant has purchased two 1985 luxury mini -buses. The vehicles Will be light blue, OdYy blue over white. 3. Probable effect of the increased service OD the local traffic conditions. 4. -Whether h f the the public, both vehicular and pedestrian, will be endangered unduly by granting the proposed The City Of Lubbock does not currently have d permitted Touring Vehicle Service. The granting of this permit would not adversely affect the traffic conditions or endanger public Safety. 5. The character, i d responsibility of the applicant. Mr~ MdrChOMt has operated a City -permitted Vehicle for Hire Service for the past three years, and has reported his activities on an annual basis, receiving annual approval to continue operating. 0. Whether the applicant is fitable d willing to perform this service on a regular and continual basis. Mr. MdrChdOt has operated a permitted limousine service for the past three years, which provides evidence that he intends to continue providing service to the citizens Of Lubbock OD d regular basis. ID addition, he has already purchased the two mini -buses and has acquired the necessary insurance and performance bond to receive d City permit. The Staff recommended approval. Motion was made by Mayor Pro Tem Carpenter, seconded by C0VDCilwU0dn Tr `o to declare that the public COOYeOi8Dce and necessity will be served by authorizing the requested Touring Vehicle Service in the City of Lubbock. Motion carried: 7 YgdS`, O Nays. - 85-44A-539-8II (2I.) Consider Resolution #2147 directing the City Engineer prepare and file Cost Estimates and Rolls on North Quaker Avenue from Clovis Road to LooD 289. RESOLUTION #2147 RESOLUTION #2147 RESOLUTION DIRECTING THE ENGINEER TO PREPARE AND FILE ESTIMATE, ROLLS, ETC. IN CONNECTION WITH THE PROPOSED ASSESSMENT PAVING IMPROVEMENTS ON 82MD STREET IN AND ALONG THE BOUNDARIES OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the Governing Rnd« of the City of Lubbock has heretofore Ordered and provided for the improvement of a portion of 82nd Street in and along the boundaries Of the City as designated below: UNIT AND SUB -UNIT STREETFROM TO 2240-50 82Od Street University Ave. Ave. U AND it is proposed CO make and levy dSSeSS0eAtS against abutting property and the owners thereof and others for d portion of the C0St of such improvements. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, THAT: SECTION I THE Engineer Of the City be, and he is hereby directed to prepare and file with the City estimates showing cost of improvements in each Unit, showing the description Of the property abutting upon each Unit with the names Of the owners of such property and the amounts proposed to be assessed against each parcel of property showing Other matters and things, it being specially provided, however, that any mistake in such estimates or in d0VUDts and in the descriptions of property Or names Shall in OO wise affect, invalidate or impair any assessment which may be levied. SECTION 2 SUCH estimates, rolls and statements Shall how all information required to be shown thereon by the proceedings of the City relating to such improvements and law and charter with d0pAd0GntS in force in the City, and by the provisions Of Article 1105B, Revised Civil Statues of Texas and amendments thereto. This resolution Shall take effect and be in force from and after its passage. PASSED AND APPROVED THE 26th DAY OF SEPTEM8ER, 1985. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Hoffman Larry Hoffman, Director Of Trans- portation APPROVED AS TO FROM: John C. Ross, Jr., City Attorney This is the fourth in d series Of five Resolutions and one Assessment Ordinance that are used in levying dBSeSS02Dts for a portion of the paving CV3t5 On this mile Of T-2 thoroughfare. The Paving Assessment Rolls will list all of the abutting property owners, the descriptions of property proposed to be assessed and the estimated d0OUDt5 proposed to be assessed. This infor- mation will be used later to notify property owners of the Public Hearing and the amounts to be assessed. Motion was made by Councilman Nash, seconded by Councilman Patterson authorizing Resolution #2I47 as recommended O, hv City Staff. M�t�0O carried: 7 Y�dS` -� . 85-44A-540-812 /22,\ Consider Resolution #2148 directing the City Engineer 5 4 1 RESOLUTION #2I48 RESOLUTION #2148 RESOLUTION DIRECTING THE ENGINEER TO PREPARE AND FILE ESTIMATE, ROLLS, ETC. IN CONNECTION WITH THE PROPOSED ASSESSMENT PAVING IMPROVEMENTS ON N. QUAKER AVENUE IN AND ALONG THE BOUNDARIES OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the Governing 80dv of the City Of Lubbock has heretofore ordered and provided for the improvement of a portion Of N. Quaker Avenue in and along the boundaries of the City as designated below: UNIT AND SUB -UNIT FROM TO 2240-55 N. Quaker AV8DUe Clovis Road Loop 289 AND it is proposed to make and levy assessments against abutting property and the owners thereof and others for a portion Of the cost of such improvements. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, THAT: SECTION 1 THE Engineer Of the City be, and he is directed to prepare and file with the City estimates showing cost Of improvements in each Unit, showing the description Of the property abutting upon each unit with the names Of the owners of such property and the amounts proposed to be dsS85Sed against each parcel of property showing other matters and things, it being specially provided, however, that any mistake in such estimates or in amounts and in the descriptions of property or DO0e5 Shall in on wise affect, invalidate Or impair any assessment which may be levied. SECTION 2 SUCH estimates, rolls and statements shall show all information required to be shown thereon by the proceedings of the City relating to such improvements and the law and charter with amendments in force in the City, and by the provisions of Article 11058, Revised Civil Statues of Texas and amendments thereto. This resolution Shall take effect and be in force from and after its passage. PASSED AND APPROVED THE 26th DAY OF SEPTEMBER, 1985. Alan Henry ALAN HENRY, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Hoffman Larry Hoffman, Director of Trans- portation John C. Ross, Jr., CTty Attorney This is the fourth in d series of five Resolutions and one Assessment Ordinance that are used in levying assessments for a portion Of the paving CVStS on this mile Of T~2 thoroughfare. The Paving Assessment Rolls will list all of the abutting property owners, the descriptions Of property proposed to be assessed and the estimated amounts proposed to be assessed. This infor- mation will be used later to notify property owners of the Public Hearing and the a0VVOtS to be assessed. Motion was made by Councilman Nash, seconded by Councilman Patterson authorizing Re5V}UtiOO #2148 as recommended , h« City Staff. Motion carried: � Y��S^ O -^ ~ 85-44A-542-013 /23.\ Consider Resolution #2149 authorizing Permit Agreement and Joint Use of Easement Agreement on a portion of City of Lubbock land out of Section A, Block S. RESOLUTION #2I49 RESOLUTION #2149 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY Of LUBBOCK: THAT the Mayor Of the City of Lubbock is hereby authorized and directed to execute for and 00 behalf of the City of Lubbock O Gas Line Land Use Permit Agreement and Joint Use of EdS802ntS Agreement to be entered into by and between Said City Of Lubbock and EOergOs Company, attached herewith, which shall be spread UpOM the minutes Of the Council and as Spread upon the minutes of this Council shall constitute and be O part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of SEPTEMBER, 1985. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: Ranette Boyd, City Secretary /s/ Carroll McDonald Carroll McD6n-ald, Director Of Electric Utilities Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney En8rgaS Company is planning to connect to the City of Lubbock gas line, which is an extension of the Adobe Gas Company line from L2V8lldOd. EO8rg8S will use the line CO transmit Adobe Gas and deliver it to Texas Tech University campus. The area contains 0.415 acres or I8,II1.6/ and is now being used by an LP&L power line. The area will be part of 82Od Street when the street is developed. The Council, in the past, has not charged En8rgOs for Joint Use Agreements, thus no cost was figured on this one. LP&L agreed with this plan for d five-year lease, automatically extended. Staff recom- mended approval of this Resolution. Motion was made by COUDCilwO08O Baker, seconded by Mayor Pro Tem Carpenter authorizing Resolution #2I49 as r8C000eOd8d by City Staff. Motion carried: 7 Yeas; O Nays. 85-44A-542-814 /24.\ Consider Ordinance portion of an Underground Utility Easement located in the southerly part of Tract "C-1-A", Whisperwood Addition. ORDINANCE #883I ORDINANCE NO. 8831 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN UNDERGROUND UTILITY EASEMENT LOCATED IN THE SOUTHERLY PART OF TRACT «C~l-A,^ WHISPER - WOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE -' DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; PROVIDING A SAVINGS CLAUSE: AND PROVIDING FOR PUBLICATION. September 26, 1985 This closure was instigated by LP&L and only has LP&L/S power line in the easement. The line was relocated at the cost of Wal-Mart. The site is where the new store is being developed and since LP&L requested the closure, there was DO charge. Staff recommended approval of this Ordinance. Motion was made by Councilman Nash, SeCODd8d by Council- man Patterson passing Ordinance #883I OD first reading as recommended by City Staff. Motion carried: 7 Yeas; 0 [j Nays. 85-448-543-815 /25.\ Consider Resolution #2I50 authorizing the lease of a portion of Well Number 16 site out of Section 17, 9-1ock A. RESOLUTION #2150 RESOLUTION #2150 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Of the City Of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement between the City Of Lubbock and 82Ot0O Oil Company, Inc., attached herewith, which shall be spread UpOD the minutes of the Council and as spread upon the minutes Of this Council Shall constitute and be d part Of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day Of September, 1985. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: Rdn8tte Boyd, City Secretary APPROVED AS TO CONTENT: Tom NiVen3, Right -of -Way Agent APPROVED AS TO FORM: Haroldill Harold Willard, Assistant City Attorney At the August 22, 1985 City Council meeting, the City Council approved leasing O piece of land to Benton Oil Company, Inc. The rental D0VuDt approved for the lease was $750 per year with an annual increase of $37.50 per year over the 40-yeOr term Of the lease. Buddy F0rbes5, Manager/Owner of B8AtOD Oil Company, felt that they could not live with the initial rental O00VOt approved by the City Council. AS a result, the Staff conducted further study on the pricing and determined a prDVOS2d new rate [�1 of $450 per year with an dODUal iMCr8dS8 Of $22.50. Motion was made by Councilman Brown, seconded by Councilwoman Baker authorizing Resolution #2150. Motion carried: 7 yeas; U Nays. 85-44A-543-810 /26.\ Consider closing Of completed Community Development Projects and associated adjustments to the Contingency At the end Of each fiscal year, the Community OgV8lOp08Ot projects completed in the prgYiOVD twelve months are closed with the budget UOderrUnS and overruns reconciled to the Contingency Fund. The major budget overrun is the Indirect Cost Allocation Project which is due to the transition of the Urban Renewal Staff to the City department, Office of Neighbor- hood Redevelopment. In the past, 0DDy of the building Use expenses and support 59rViCe5 expenses were paid on d direct basis, but with the transition these expenses were Shifted to the Indirect Cost Plan. The under -budget expenditure for ONR Administration and Field Services represents the savings from the transition. During the past twelve months, the following projects have been completed: Lake h Acquisition Historic Brick Broadway Restoration Broadway ReO0Vdti0O Handicapped Ac. Broadway Brick Paint -Up W9atherizati0D Emergency Repair Health Dept. Reno. Indirect Cost Conc. Code E0f. Paving -Keel Paving -Teak Paving -Niter Fire Station Paving E. Broadway Rec0OSt. EN -Overpass 34th St. Lakes ReStrOmD Mackenzie Buildings Hollins Upgrade Berry Park Rogers Pool Park Pioneer Park Handicapped park Mackenzie Park Quirt Median Sen. Lit. Pk. Lot Arnett Benson Phyllis Wheatley Phyllis Wheatley Posey Lakeside Guadalupe Water Lines CD Administration 2,893.65 0NR Administration 27,194^67 ONR Field Services- 21'542'04 __ $33,987^62 $165,864.03 Over Under $12,922.00 20.21 378.64 84.67 130.00 26,770.95 36,810.85 2,339.94 203.00 172.50 2,144.17 6,111.35 21,027.16 24,021.20 5,707.95 8,281.50 1,025.20 TOTAL WXX47001 Rev iSed Budget $313,008 \h,7l3 98,518 100,000 7,320 87,840 33,833 97,546 109,085 5,370 146,771 212,327 38,484 32,010 67,298 20,940 183,495 300,000 60,000 18,000 15,000 17,170 154,660 16,297 56,828 116,200 20,156 13,889 463,474 279,048 74,708 49,8}9 8,725 107,106 81,997 95,529 The closing of these dCC0UOt5 will increase the con- tingency fund budget from $249,177 to $38I,053.4I. Staff recommended approval of this item. Motion was made by Councilwoman Baker, seconded by Mayor Pro Te0 Carpenter closing completed CV00UDitv Development Projects and making associated adjustments to the C000U- Ditv Development Contingency Fund as recommended by City Staff. Motion carried: 7 Yeas; U Nays. 85-44A-544-817 /27.\ Consider Ordinance 883amending Ordinance #8190 authorizing the removal of the traffic signals at 9th reet and Avenue J and Broadway and Avenue N. ORDINANCE #8832 ORDINANCE NO. 8832 AN ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR TRAFFIC SIGNALS AT BR0ADWAY AND AVENUE N AND 4TH STREET AND AVENUE J AND AUTHORIZING THE REMOVAL OF SAID TRAFFIC SIGNALS AS OPERATIVE TRAFFIC SIGNALS. September 26, 1985 This Ordinance will authorize the removal of the traffic signals at 9th Street and Avenue J and Broadway and Avenue N. Evaluation of the numbers of vehicles entering the intersections from all approaches was conducted and compared with the criteria as established in the Texas Manual on Uniform Traffic Control Devices for instal- lation of traffic signals. The criteria were not met for these intersections and therefore the signals should be removed in accordance with the Manual. Motion was made by Councilman Nash, seconded by Councilwoman Trejo passing on first reading Ordinance #8832 as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 85-44A-545-818 (28.) Consider Ordinance #8833 amending Chapter 6 of the Code of Ordinances concerning Contractor Bonds by changing the Building and Plumbing Codes. ORDINANCE #8833 ORDINANCE NO. 8833 AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "BUILDINGS AND BUILDING REGULATIONS"; BY AMENDING THE BUILDING CODE AND THE PLUMBING CODE BY REPEALING THE REQUIREMENTS FOR A BOND FOR GENERAL CONTRACTORS, OTHER CONTRACTORS, INSULATION CONTRACTORS/IN- STALLERS, BUILDING MOVERS, PLUMBERS AND GAS APPLIANCE, LAWN SPRINKLER AND WATER SOFTENER DEALERS; BY RENUMBERING SECTIONS 6-28(d) AND (e); PROVIDING FOR THE REQUIREMENT OF A CERTIFICATE OF INSURANCE PRIOR TO THE ISSUANCE OF ANY PERMIT REQUIRED IN THIS CHAPTER WITH THE EXCEPTION OF HOMEOWNERS DOING WORK ON THEIR OWN RESIDENCE; PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The Staff conducted a survey of Texas cities to see how many cities required Builder Bonds and if the Bonds were being used. Of all the cities contacted, only Lubbock and E1 Paso were requiring Contractor Bonds. The Staff also contacted local insurance companies that handled the Bonds to see if they had ever paid off on a claim. Out of approximately 30 companies contacted, none had ever paid off a claim to either the City or an owner. Both the Plumbing/Mechanical Board and the Building Board of Appeals recommended requiring a Certificate of Insurance to be filed with the City in lieu of the Bond. Staff agreed with these recommendations. Motion was made by Councilman Brown, seconded by Councilwoman Trejo passing on first reading Ordinance #8833 as recommended by the Plumbing/Mechanical Board, the Building Board of Appeals and the City Staff, and stipulating that the requirement for Bonds be dropped and that a requirement for a Certificate of Insurance be added. Motion carried: 7 Yeas; 0 Nays. 85-44A-545-819 (29.) Consider Resolution #2151 authorizing the Mayor to execute Change Order #5 to Terminal Expansion Contract with Lee Lewis. RESOLUTION #2151 4. September 26, 1985 RESOLUTION #2151 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 Change Order No. 5 by and between the City of Lubbock and Lee Lewis General Contractor in the amount of $27,518.00, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of September, 1985. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Marvin Coffee Marvin Coffee, Aviation Director APPROVED AS TO FORM: /s/ Michele Hart Michele Hart, Assistant City Attorney The Terminal Expansion Project included relocation of security screening to provide for one screening function on each side of the restaurant area and adjacent to each of the ticketing areas. The access for screening required a wider area, in order to bring the screening function within the opening rather than having it project out into the boarding area. To provide for the security of this equipment and to seal off the screening side of the Terminal when the area is closed, it is necessary to provide addi- tional doors at each screening location, and this is the reason for this Change Order #5 with Lee Lewis. The original Contract with Lee Lewis had a contingency allowance of $410,000, but the previous four Change Orders ($101,945 total) reduced the contingency allow- ance to $308,055. This Change Order is for $27,518 which will reduce the available contingency allowance to $280,537. Staff recommended approval of this Change Order. Motion was made by Councilman Nash, seconded by Councilwoman Baker authorizing Change Order #5 as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 85-44A-546-820 (30.) Consider Ordinance #8834 granting a Franchise to Cablevision of Texas, Limited Partnership, for a Cable Communications System. ORDINANCE #8834 ORDINANCE NO. 8834 AN ORDINANCE GRANTING TO CABLEVISION OF TEXAS, LIMITED PARTNERSHIP, THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE BOUNDARIES OF THE CITY OF LUBBOCK A CABLE TELEVISION BUSINESS; AND PROVIDING THEREIN FOR DEFINITIONS; SERVICES, EQUIPMENT AND FACILITIES; A TERM; FRANCHISE FEES; INSURANCE; OTHER DUTIES; AMENDMENT; ACCEPTANCE OF FRANCHISE; RATES; AMENDING ORDINANCE 8554; PUBLICATION; AN EFFECTIVE DATE; AND A SAVINGS CLAUSE. 547 The City of Lubbock received an Application for Fran- chise Agreement for O Cable Communication System from CableViSi0D of Texas, Limited Partnership. This CV0pdDy was formed for the purposes of acquiring, financing and operating the Cable Television System servicing the communities Of Woodrow, Lorenzo, Petersburg, Anton, Buffalo Lakes and LOCkDey. This System includes 74 miles and presently passes 3,585 homes and serves 1,426 primary subscribers. A small portion of the Cable System is located within the City of Lubbock limits, in far south Lubbock, roughly between 82Dd and 114th Street and AVeDU2 U and the TahUka Highway. At the present, CableYisi0D has approximately 35 customers that reside within the City of Lubbock limits and estimated gross revenues generated from those residents are $9,995. The application was filed by James E. Doucette, General Partner, on behalf of CablSYisiOn of Texas. Mr. Doucette owns 50% of Cabl8ViSiOO Of Texas and the other 50% is divided between four partners as specified in the application filed. Mr. Doucette has approximately 18 years experience in the Cable Television Industry, and has expertise in the construction and operations Of d Cable Communications System. According to the financial information filed with the City, this System has the financial resources necessary to Carry through with its construction and operations. ID addition to the area currently served, CdbleViSi0n of Texas is proposing to extend service to d trailer park located on Ash and 84th Street, to Greer and Ft. Jackson Trailer Park located at approximately 114th Street and University, and to extend their services to additional h0O8S located between 86th Street and 98th and University and Avenue P. A portion Of this latter area is included in the rebuild underway by COX Cable. CableViSiUO of Texas proposes to extend cable plant in the areas it currently serves as long as it does not C0DflfCt with construction plans of COX Cable Company. Unlike the Franchise Agreement granted to Cox Cable, the City Of Lubbock does not have jurisdiction over the rates charged by the cable operator. The Cable Communication Act Of 1984 grandfathered existing Franchises and allowed local governments to regulate rates for a two-year period. This regulatory authority for the existing Franchise with COX Cable will expire on December 29, 1986. For any Franchise granted after December 29, 1984, the local government does not have regulatory authority. Cdbl8Yi5i0O will Offer 10 channels in the Basic Tier for $12.50 per month, four channels in the Optional Tier for $4.50 per month and three premium channels for $10 each. The CableYisiVn system serving Lubbock residents operates at 330 MHz and is capable of carrying approximately 40 Channels. The proposed Ordinance would grant a I5-year franchise to Cdbl2YiSiOn Of Texas. They would be required to pay the City Of Lubbock the 3% franchise fees on gross rSVpDU2s generated from customers residing within the City limits. Granting of a Franchise Agreement for cable services requires that the proposed Franchise Agreement be pub- lished once a week for three consecutive weeks in the newspaper (at the r2qUeSt0r's expense), prior to the second reading. Staff recommended that Council approve the Ordinance granting CableViSiUn of Texas a Franchise to operate d Cable Television SvStmn with the City of Lubbock. Motion was made by COUOCilw0mdO Baker, seconded by Mayor Pro Tem Carpenter passing On first reading Ordinance #8834 as recommended by City Staff. Motion Carried: 7 Yeas; U Nays. 85-44A-547-821 /31.\ Consider Resolution #2I52 authorizing thei Contract with Texas Department of Community Affairs for a Weatherization Program and authorize annual extensions of RESOLUTION #2152 RESOLUTION #2152 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 d Contract and all related documents during the effective dates of the contract, by and between the City of Lubbock and the Texas Department Of Community Affairs for wedtherfzdti0O assistance for }ON 1OCU0e persons, attached herewith, which shall be Spread Up00 the minutes Of the Council and as Spread UpOO the minutes Of this Council Shall constitute and be d part Of this Reso- lution as if fully copied herein in detail. Passed by the City Council this 26th day of September, 1985. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Martinez Sylvia A. Martinez, Community Services Director APPROVED AS TO FORM: /s/ Laura J. Monroe Laura J. Monroe, Assistant City Attorney Grants from the Texas Department of CV00UDitv Affairs and Community Development funds provide two sources Of 00Opy to install weather stripping, insulation, storm doors and windows and in some cases V88t8d heaters to the homes owned by low income families. Last year, the City Of Lubbock received d grant from TDCA in the a0OUDt of $104,275 and a total of 101 homes were weatheri zed. The anticipated 80Urc2 of Federal funding has yet to be received by the Department of CO00UOitv Affairs; however, the State agency is making $23,001 available to the City Of Lubbock in the interim, and d larger grant offer is expected at O later date. In April, I985, TDCA approved the City Of Lubbock's request to increase the maximum payment per household from $1,000 to $1,600 to cover the cost of installing vented heaters when City inspectors find a house to be weatherized which contains an UOS8fe and illegal open - flame heaters. Because of the higher C05t per house, Staff expects to weatherize fourteen dwellings with the $23,001 authorized in this interim grant. The K2SolUtiUO authorizes the Mayor to sign the interim grant and any supplemental grants for w8dth8rizdti0O from the Texas Department of Community Affairs. Staff recommended approval of this Contract. Motion was 0dd8 by [OU0Cil0dO Patterson, S8CODded by Councilwoman Baker authorizing Resolution #2152 as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 85-44A-548-822 /32.\ Consider d iPolicy for Placement Municipal Buildings. UD August 8, 1985, the City [OVOCi} directed the Lubbock Municipal Arts Committee to develop d broad Policy CUOCerOfDg placement Of permanent displays honoring individuals and groups in public facilities. On Tuesday, September 3, 1985, the Lubbock Municipal Arts Committee reviewed a draft copy of the proposed Policy regarding the permanent placement of such displays in various September 26, 1985 Recreation Department naming their facilities, as well as the practices of the Library. The Art in Public Places Committee of the Civic Centers Board, the Airport Board, representatives of the Library Board, and the Parks and Recreation Board reviewed the proposed Policy and reactions from the various boards were taken into consideration and incorporated into the final recommenda- tions of the Lubbock Municipal Arts Committee on September 24, 1985. The proposed Policy recognizes that the City has several different types of municipal buildings, some of which are not suitable for displays. Municipal buildings have been divided into three categories. 1. Municipal buildings such as libraries, civic centers, community centers, senior citizen centers, and the Airport, whose primary users are citizens are appropriate facilities for these types of displays. Requests for displays in these facilities which have advisory boards would be referred to the appropriate board for their recommendation before final action is taken by the Lubbock Municipal Arts Committee. 2. Displays in municipal buildings which have been dedicated and named after a specific individual would be limited to that specific individual. This includes such facilities as the Mahon Library and Mae Simmons Community Center. Again, requests for displays in dedicated buildings would be referred to the board associated with that building for their input and recommendations. 3. Displays in the municipal building occupied by general government offices, the Mayor and the City Council, would be limited to elected officials. The Lubbock Municipal Arts Committee would serve as a clearinghouse for such requests and would be the respon- sible agent for soliciting input from appropriate City departments and, if applicable, the appropriate City boards. The Lubbock Municipal Arts Committee would use the following criteria to determine if a public display is appropriate: 1. The individual has made contributions to the community which enriches the lives of the citi- zens. 2. The contribution is directly attributable to a specific individual. 3. The contribution is unique or occurs over a long duration. 4. The contribution required unusual personal effort, dedication and perseverance. 5. The contribution is well known in the com- munity. 6. Deceased individuals would not be considered for an honor until two years after their death. It was further recommended that pictures of board and commission members not be placed in the public corridors, reception areas or main lobbies of municipal buildings. If such pictures are to be placed, it would be Staff's recommendation that they be in the respective depart- mental areas with which they are associated and not in the lobby areas of the buildings themselves. Motion was made by Councilman Nash, seconded by Council- woman Baker approving the Policy for Placement of Memorials in Municipal Buildings as recommended by the Lubbock Municipal Arts Committee, with the stipulation that pictures of board and commission members not be placed in public corridors, reception areas or main lobbies of municipal buildings, and, if they are to be placed in a municipal facility, that they be hung only in the respective department areas with which they are associated. Motion carried: 7 Yeas; 0 Nays. 550 September 26, 1985 85-44A-550-823 (33.) Consider Ordinance #8835 amending various lti pertaining to fire safety, zoning, public health and ORDINANCE #8835 ORDINANCE NO. 8835 AN ORDINANCE AMENDING THE GENERAL PENALTY PROVISION OF THE LUBBOCK CODE OF ORDINANCES TO PROVIDE FOR MAXIMUM FINES NOT EXCEEDING ONE THOUSAND DOLLARS FOR VIOLATION OF SPECIFIED PROVISIONS OF SAID CODE OF ORDINANCES; SPECIFYING THAT CERTAIN PENALTY PROVISIONS WITHIN THE LUBBOCK CODE OF ORDINANCES BE AMENDED TO PROVIDE FOR MAXIMUM FINES NOT EXCEEDING ONE THOUSAND D0L[ARS`, PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICA- TION. TION. The T8XdS Legislature recently passed a bill authorizing the City Of Lubbock to increase certain fines that pertain to fire safety, zoning, public health and sanitation other than vegetation and litter violations from $200 to $1,000. The following 88cti0D5 Of the Code of OrdiDd0t85 would be affected: Fire Safety Section II I8 Hotel Room 300kiD Prohibits any person from smoking in a bed located in d hotel or motel room located within the City of Lubbock. Section 1147 Failure to Remedy Stipulates that any owner or OcCVpdDt of any building, structure Or premises, or any person responsible for the condition Of any premises who refuses or fails to comply with an order Or direction of the Fire Marshal to remove Or remedy a hazardous condition, will be in YiU}dtiOO. These hazardous conditions include combustible Or explosive matter, dilapidated sheds, buildings or struc- tures, abandoned clothing, rags, upholstery, grass, brush, etc. Section 11-72 - Failure to Abide by National Fire Code Requires all businesses to abide by the National Fire Code requirements. Section II-88 - Firecracker Possession or Use Prohibits any person from 0dDUfdCtUriOg, Selling Or giving away, storing, possessing or using fireworks in the city limits of Lubbock. Health and Sanitation Section I2-17 - Food Establishment Violation Requires all establishments that handle food to comply with our health regulations. Section I246 Swimming Pool Violations Stipulates the various requirements for swimming pools within the City of Lubbock. Any violations in the design Or maintenance of 5w10mi0q pools are liable, Section 12h3 Rendering Establishments Covers any violations in the operation or maintenance of rendering establishments. Rendering establishments are hUsiOe3s8S where animal matter is used to develop commercial products. Section 12102 Nuisances Generally Defines a nuisance violation as anything that is dangerous to human life Or health. 3pCtiOO 14-I92 - MDSsdqe Parlor Violation Pertains to any violations of the City of Lubbock's Massage Parlor Ordinance. September 26, 1985 551 85-44A-551-824 (34.) Section 28-78 - Sewage Pollution Prohibits anyone from using chemicals or substances that are damaging to sewer lines or treatment processes. Section 28-132(i)(b) - Illegal Hooking Up of Sewage System Makes it a violation to hook into the City sewer system without a permit. Section 28-133(c) - Lack of Toilet Facilities on Con- struction and Communitv Gatherinq Sites General Provisions Section 1-4 - General Penalty Continuing Violations: Nuisances Covers all nuisances and allows the City to raise the fines on those nuisances that fall within this Ordinance. Staff does not have any problems with increasing the fees on all the mentioned violations. Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo passing on first reading Ordinance #8835 as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. Consider proposed Fee Schedule for independent auditors. Mason, Nickels and Warner's maximum fee for the audit for the fiscal year ending September 30, 1985 as indicated in their letter, is $69,000. (The actual fee paid for last year's audit was $65,000.) Although the fee is up 6% over last year, it is still well below the 1980 fee of $83,000, due to the continued efforts by the City Staff. Robert Massengale, Assistant City Manager, noted that Council should be aware of the following changes in rates: Personnel 1984 1985 Increase Partner 110 115 4.5% Manager 80 84 5.0% Supervisor 60 63 5.0% Senior 49 52 6.1% Staff 40 42 5.0% Mr. Massengale pointed out that this audit will be the first year of a new 5-year Contract with Mason, Nickels and Warner approved by the Council in March of this year. Motion was made by Councilwoman Baker, seconded by Councilman Brown authorizing proposed Fee Schedule for outside auditors as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 85-44A-551-825 (35.) Consider Resolution #2153 authorizing the Mayor to sign an Agreement for Insurance. RESOLUTION #2153 552 September 26, lAOG RESOLUTION #2153 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for insurance, attached herewith" which shall be Spread Up0O the minutes of the C0UOCii and as spread U00O the 0iMVt8S Of this Council shall constitute and be d part of this Resolution OS if fully copied herein in detail. Passed by the City Council this 26th day of September, 1985. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Rod Bouffard, Assistant Director of Finance /s/ Michele Hart Michele Hart, Assistant City Attorney Assistant City Manager Robert Massengale stated that the City did not receive any bids for the [itv/s property 1O5UraDc8, the City Staff has had to VUr8U2 alternatives for acquiring such insurance coverage by the October l, I485 expiration date. At meeting time, OO company had agreed to write the policy,; however, several C00pdOie8 were considering it. Motion was made by Councilman Nash, seconded by Councilwoman Tr '8 authorizing Resolution #2153 which directs City Staff to 0htdiD property iO5VrdACe coverage however possible~ Motion carried: 7 Yeas; 0 Nays. 85-44A-552-826 (38.) Consider Resolution #2154 authorizing the Mayor to sign an Agreement for Auctioneering Services. RESOLUTION #2154 RESOLUTION #2154 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 Rene' Bates Auctioneers, Inc., attached herewith, which shall be Spread UpOO the minutes of the Council and as spread upon the minutes Of this Council shall constitute and be O part Of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of September, 1985. ATTEST: KaOette Boyd, City Secretary APPROVED AS TO CONTENT: Gene EaU6, Purchasing Manager APPROVED AS TO FORM: /s/ Alan Henry ALAN HENRY, MAYOR /s/ Donald G. Vandiver Don Vandiver, Assistant City Attorney / / �� "� � September 26^ I985 ~~ �� ~° =~ Two proposals for dUctiOOeeriOg services were r2C2iVgd in r23p0OSe to RFP #8704. A committee of three (Bill Payne, Jay Wadsworth, and Gene EadS) evaluated the proposals of Collegiate Auction Services, Inc. and Rene Bates Auc- tioneers, Inc. Rene Bates has conducted surplus auctions for the City for the past two years. The proceeds from the first year were $126,529.50, and the second year the proceeds were i| $110,565.35. However, the price per vehicle the second -~- year was Up approximately $45 per vehicle which generated an increase of approximately $4,280 OO vehicles. Vehicle sales are the main revenue producer in the auction. The committee recommended the acceptance of R2D9 Bates Auctioneers, Inc. as indicated by the proposal review and 77 past performance. Motion was made by CVuDCi|0dn Brown, seconded by — CUU0cilw00dO Baker authorizing Resolution #2154 as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 85-44A-553-827 /37^\ Consider Resolution #2155 adopting the procedure for appointing members to the Citizens Advisory Committee. RESOLUTION #2155 RESOLUTION #2155 WHEREAS, the City Council has received, in the past, the contributions Of the Citizen Advisory Committee in studying capital improvement programs for the City Of Lubbock;and , WHEREAS, the services of the Citizen Advisory Committee can best be Utilized if its composition and operation is clarified: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: |�| THAT the previous resolutions establishing and governing the Citizen Advisory Committee are hereby repealed and replaced by this resolution. THAT a Citizen Advisory Committee is hereby Created to be composed of a Chairman, appointed by the Mayor and 45 members who shall be appointed by the City Council. The membership of the Citizen Advisory Committee shall be organized as follows: I. The Citizen Advisory Committee shall be divided into five (5) subcommittees to study the capital improvements indicated. Transportation (Streets, Transit, Airport, Traffic Signals, and Street Lighting) Community and Municipal Facilities (Parks and Recreation, Golf, Library, Civic Center, and MUncipal Buildings) Public Health and Safety (Fire, Police, Health, Animal Shelter, and Sanitation) Utilities (Electric, Water, and 88w2r\ Finance 2. Each CouOCil020ber shall appoint one (1) member to each sub- committee. 3, By consensus, the City Council shall select two /2\ additional �] members to each subcommittee. THAT OD Executive Committee Of the Citizen Advisory Committee is established, to be composed of the Chairman of the Citizen Advisory Committee and the Chairman of each subcommittee. The Executive Committee shall review reports from the subcommittees, establish rules of procedure for the Committee and subcommittees with the approval Of the City Council, and make a report to the City Council in such form and depth as may be requested by the City Council to assist the Council in the study Of �1 proposed capital improvement programs for the City of Lubbock. -�1 Each subC000ftt28 shall elect one of its members as chairman of the subcommittee who shall serve OO the Executive Committee. The Citizen Advisory Committee, Or any of its subcommittees, may from time to time invite interested citizens and elected or appointed officials Of the City Of Lubbock to participate in discussions concerning the Committee's work. U� U� � / �� 4 September 26, 1985 The City Council shall establish the programs or subjects which the Committee is to study and the [0UUCil shall establish the date the study is to be completed and the dates that Vdri0US reports are to be made to the Council, in accordance with the attached CIP calendar. The Citizen Advisory Committee shall be activated for the period of time required to complete the study and make the reCO00eOddtfOn8 requested by the City Council. The City Council may appoint a new Committee at any time if, in its discretion, it feels a study and recommendation DB to capital improvements for the City of Lubbock is needed. Appointments as Chairman and members of the Committee shall be for the duration of the activation of the Citizen Advisory Committee. The City Manager shall appoint D member of his staff to act as secretary of the Citizen Advisory Committee, other staff to act as liai- son(s) for the subcommittees, and Shall provide all possible assistance to the Committee. Passed by the City Council the 26th day of September, 1985. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: RaOette Boyd, City Secretary APPROVED AS TO CONTENT: Bob/s/ Bob Cass Cass, Deputy City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney City Manager Larry Cunningham Stated that Resolution #2155 was drawn according to instructions Of City Council, whereby the proposed Citizens Advisory Committee is to be composed Of d Chairman, appointed by the Mayor, and 46 members appointed by the City Council. The membership of the Citizens Advisory Committee shall be organized as follows: I~ The Citizens Advisory Committee shall be divided into five subcommittees to study the Capital improvements indicated. a. Transportation (Streets, Transit, Airport, Traffic Signals, and Street Lighting) b. Community and Municipal Facilities /PdrK5 and Recreation, Golf, Library, Civic Center, and Municipal Buildings) C. Public Health and Safety (Fire, Police, Health, Animal Shelter, and Sanitation) d~ Utilities (Electric, Water, and Sewer) e. Finance 2. Each Council member shall appoint One member to each subcommittee. 3. By c0nSe0SV3, the City Council shall Select two additional members to each committee. The Resolution also establishes an Executive Committee of the Citizens Advisory Committee to be composed of the Chairman Of the CAC and the Chairman of each of the five Subcommittees. Each Subcommittee will be responsible for selecting one Of its members as Chairman of that com- mittee. The Executive Committee shall review reports from the Subcommittees, establish rules and procedures for the Committee and Subcommittees with the approval of the City Council, and make O report to City Council. The CAC Or any Of its Subcommittees may invite interested citizens, elected or appointed officials from the City of Lubbock to participate in their discussions. The CAC shall be activated for the period Of time required to complete the study and 0dkG their recommendations to the City Council. The City Manager shall appoint a member of h i c IZ+A ff +o ;ir+ 2 c :"r~"+=~., "f +h" r i + i —, nA.4 ,".. y \ / �� September 26, 1985 "� �0 ~= ~~ Committee and other Staff to act as liaisons for the Subcommittees, and shall provide All possible assistance to the Committee. According to the timetable adopted by Council, City Staff will conduct an orientation session for CAC members during the week of October 21-25, 1985, and the CAC will complete their report and present it to City Council OD January 23, 1986. Staff recommended City Council adopt the Resolution establishing procedures for appointments for the CAC. Motion was made by Councilwoman Baker, seconded by Councilman Patterson authorizing Resolution #2I55 as recommended by City Staff. Motion carried: 7 Yeas; O Nays. 85-44A-555-828 /38.\ BID #86I4 KiUsk remodeling --Lubbock International fiirport, and authorize same (Aviation Department). RESOLUTION #2I56 RESOLUTION #2150 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 0 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 with Lubbock Development Company, Inc., for the remodeling of kiosks at Lubbock International Airport, attached herewith, which Shall be spread upon the minutes of the Council and as spread Up0M the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of September, 1985. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Gene Eads, Purchasing Manager /s/ Harold Willard HaroTd_W-1TTard, Assistant City Attorney Lubbock Motion was x0d2 by Mayor Pro Tem Carpenter, seconded by Councilman Patterson authorizing Resolution #2I50 and authorizing low bid meeting specifications, as reCV0mended by City Staff. Motion carried: 7 Yeas; 0 Nays. - 85-44A-555-829 /39.\ BID #8649--Passenger boarding bridges --Lubbock International Airport, and authorize same (Aviation RESOLUTION #2I57 September 26, 1985 RESOLUTION #2157 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOC�: THAT the Mayor of the City Of Lubbock BE and is hereby authorized and directed to execute for and VO behalf Of the City Of Lubbock d Contract with MOrUbeni America Corporation for the construction and installation of aircraft passenger boarding bridges at Lubbock International Airport, attached herewith, which shall be spread UpOD the minutes of the Council and as spread upon the minutes of this Council shall constitute and be 8 part of this ReSOlUtƒUD as if fully copied herein in detail. Passed by the City Council this 26th day of September, 1985. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Gene Eads, Purchasing Manager APPROVED AS TO FORM; Haroldill Harold Willard, Assistant City Attorney MarUb8Di America Corporation --Furnish labor/materials and perform work for construction of Aircraft Passenger Boarding Bridges at Lubbock International Airport. Motion NOS made by Mayor Pro Tem Carpenter, seconded by CVuOC1l0dO Patterson authorizing Resolution #2157 and authorizing low bid meeting specifications, as recom- mended by City Staff. Motion carried: 7 Yeas; O Nays. 85-44A-550-830 /40^\ BID #8657--Watt hour meters and watt hour demand meters �LP&L Meter Shop). (All are self-contained meters) Westinghouse Electric Supply--I20V-2W Single Phase; 120V- 3W-2 Stator Network. Nelson Electric Supply C0mpdny--240V-3W Single Phase. Temple, Inc.--24OV-3W-3 Phase-5 Terminal; 480V-3W Phase-5 ' Terminal; 120V-4W-WYE-3 Phase (3 Stators); 240-4W-WYE~3 Phase (33tdtOr); 240V-4W-Delta `~3 PhdS2;'20V-2W-8iOgl8 Phase; 240V~2W-8iAgle Phase; 240V-3W-3 Phase; 120V-3W-3 Phase; 240V-3W-3 Phase; 480V-3W-3 Phase; 120V-4W-WYE-3 Phase/3 Stator); 240V4W-WYE-3 Phase /3tatOr\; 240V-4W-D8lta-3 Phase; 120V-2W-3ingle Phase; 240V~3W-Single Phase; l20V~-3W--- 2-StdtOr Network; I40V-3W-PhaS2-5 T8M0iOai`"��0V-�W~3 Phase-5 T�r0iO��` Stators); I20V-4W~-WYE-3 Phase /3 '" dt0rS\` 240V-4W-WYE-3 Phase/3 Stators); and 240V-4`De d-3 Phase. ` Motion was made by Mayor Pro Tem Carpenter, seconded by [UUMcil06D P8tt2[S0O 8Uth0[iZiD0 low bids meeting specifications as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 85-44A-556-83I /4I^\ BID #8693--Miscellaneous electric items (Warehouse Temple, TOc°--100 Formed spool ties; 50 sleeves; 300 Splicing sleeves; 208 connectors; 25 '00p8r sleeves; 2000 service wedge clamps; lOO service entrance sleeves; 1,000 connectors. September 26, 1985 557 Westinghouse Electric Supply Company: 100 preformed tie wire; 100 preformed tie wire --double arm construction; 200 preformed tie wire --double arm construction; 200 service entrance sleeves; 20 conduits; 6 entrance fittings; 36 conduit supports. Graybar Electric: 200 eyebolts and nut -oval eyes. AMFAC Electric Supply Company: 400' metal conduit pipe; 25 entrance fittings. Nelson Electric Supply: 600 connectors; 150 cutouts. Cummings Supply Company: 200 connectors. Motion was made by Mayor Pro Tem Carpenter, seconded by Councilman Patterson authorizing low bids meeting specifications as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 85-44A-557-832 (42.) BID #8698--Park drainage channel improvements --Casey, Elmore, Long and McCullough Parks, and authorize same Parks and Recreation . RESOLUTION #2158 RESOLUTION #2158 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 G.W.O. No. 011675 Contract to be entered into by and between said City (as owner) and Caprock Highway Construction Company (as contractor) for the con- struction of park drainage improvements for parks as follows: Casey No. 19, Elmore No. 26, Long No. 33, and McCullough No. 88, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of September, 1985. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry Hoffman, Director of Traffic and Transportation APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney Caprock Highway Construction Company: Drainage improve- ments of Casey, Elmore, Long, and:McCullough Parks. Motion was made by Mayor Pro Tem Carpenter, seconded by Councilman Patterson authorizing Resolution #2157 and accepting low bid meeting specifications, as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 85-44A-557-833 (43.) BID #8699--Forklift (Garage). Western Clarklift--1 Forklift. Motion was made by Mayor Pro Tem Carpenter, seconded by Councilman Patterson authorizing low bids meeting specifications as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 558 September 26, 1985 85-44A-558-834 (44.) BID #8701--Miscellaneous electric items (Warehouse stockF. — Temple, Inc.: 4 portable feed through; 100 fiberglass strain glass insulators; 8 three-phase mounts; 100 pins, insulator, pole top; 200 lightning arrestors; 20 transformer cluster mounts; 6000 nuts; 60 molded stress relief cones; 51 load break bushing plug inserts; 36 reducing tap wells; 24 stand-off plugs; 6000' #2 cable; Westinghouse Electric Supply Company: 200 sleeve nicopress for B&S #8; 500 sleeve nicopress for #6; 60 heat shrinkable tubing. Nelson Electric Supply: 100 lightning arrestors; 24 splice kits. Motion was made by Mayor Pro Tem Carpenter, seconded by Councilman Patterson authorizing low bids meeting specifications as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 85-44A-558-835 (45.) BID #8702--Wood power poles (Warehouse stock). International Paper Company: (40) 35'wood poles; (40) 50'wood poles. Motion was made by Mayor Pro Tem Carpenter, seconded by Councilman Patterson authorizing low bids meeting specifications as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 85-44A-556-836 (46.) BID #8705--Anhydrous ammonia (Water Treatment). Center Plains Industries: 84 tons Anhydrous Ammonia. Motion was made by Mayor Pro Tem Carpenter, seconded by Councilman Patterson authorizing low bids meeting specifications as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 85-44A-558-837 (47.) BID #8709--Dead bolt locks and installation (Community Development) . A-1 Safe: 550 dead bolt locks and installations. Motion was made by Mayor Pro Tem Carpenter, seconded by Councilman Patterson authorizing low bids meeting specifications as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 85-44A-558-838 (48.) Consider appointment of 46 members to the Citizens Advisory Committee. By consensus of Council, action on this item was held until the October 10 City Council meeting. 85-44A-558-839 (49.) Consider appointment to the Lubbock Public Transit Advisory Board. Motion was made by Councilman Nash, seconded by Mayor Pro Tem Carpenter appointing Trudy Putteet to the Transit Advisory Board to fill the unexpired term of John Sims. Motion carried: 4 Yeas; 0 Nays; 3 Absent from Council Chambers --Councilman Brown, Councilman Patterson, and Councilwoman Baker. September 26, 1985 559 There being OO further business, Mayor Henry adjourned the meeting at 1:30 p.m. , ATTEST: Ranett Boyd, City Secretary Read and approved this 10th day of October, 1985. " ATTEST: C471o�y-d , City Secretary Rane