HomeMy WebLinkAboutMinutes - City Council - Regular - 1/9/1986REGULAR CITY COUNCIL MEETING
MINUTES
JANUARY 9, 1986
' The City Council of the City Of Lubbock, Texas met in regular session UO the 9th
day Of January, 1985 in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 9:00 a.0.
Present; 'Mayor Alan Henry, -'zr Pro T20 George Carpenter, Councilman T. J.
Patterson, Councilman E. Jackrown, Councilwoman Joan Baker, Councilwoman
�
Maggie Trejo, Councilman Bob Nash, City Manager Larry J. Cunningham, City
/Attorney ,John C. Ross, Jr,, and City Secretary RaDette Rnxd
Mayor Henry called the meeting to order at 9:00.
85-45-l-I
/ I.\ The Invocation was given by Robert Massengale, Assistant City
Manager.
8b-45-I-2
/ 2.\ The Pledge of Allegiance to the Flag was given in unison by those
in the Council Chambers.
8O-45-I-3
"Blood Donor Month"
January, 1980
"School Nurse Awareness Day"
January 22" 1986
..,
8b-45-I-4
/ 4.\ Motion was made by Councilman Patterson, seconded by Mayor Pro
Tgm Carpenter to approve the Minutes of the December 12, 1985
` Regular City Council Meeting as written. Motion carried: 7 yeas;
0 Nays.
8O-45-l-5
/ 5.\ Jim Sexton, representing Sexton Enterprises, Inc will request
that the City Council amend the public liability insurance
requirements for taxicabs, and take appropriate action.
Jim Sexton appeared before Council requesting that the minimum
public liability iOSUraOC8 requirements contained in the taxicab
0rdf08DCe-h6 reduced from:
$50,000
'- for damages arising out of bodily injury to Or death
Of one person in any one accident.
$100,000 - for damages arising out of bodily injury to or
death Of two Or more persons in any one accident.
$50,000 - for injury to or destruction of property in any one
accident.
To the State 0iOi00V of:
$20,000 - for damages arising out of bodily injury to or death
of One person in any one accident.
$40,000 - for damages arising out of bodily injury to or death
Of two Or more persons in any One accident.
$20,000 - for injury to or destruction of property in any One
accident.
Mr. Sexton reported that the taxicab business insurance has
increased from $2I,000 in 1984 to $36,000 in 1985 to an estimated
$56,000 in 1986, and further indicated that this $20,000 increase
would present his company with a financial hardship. Increasing
ridership rates to cover this cost would not produce the needed
revenue. In fact, Mr. Sexton indicated that to increase fares to
cover his insurance increase would probably have an adverse
impact on the number of people that utilize his service, as they
are mostly older citizens on a fixed income, citizens too poor to
own d car, and Citizens experiencing some sort of emergency.
Sexton Enterprises currently has d $500,000 policy covering
bodily injury and property damage with d $3,000,000 umbrella. To
maintain the $3,000,000 umbrella would cost $14,000 annually.
,L.---Ic_-- ~L.- .--t,__n*1- _.,4_.. -411 k- 4_._-_.4 +~._ ". "--4-.-'.
2 January 9, 1986
Ted Barron, Assistant to the City Manager, said that the City
Staff understands the position that the taxicab industry is
having with the public liability costs; however, the present
insurance rates were set to insure that the public is adequatel)
covered in case of an accident. The requested amount by Mr.
Sexton would.severely limit the protection that the original
amount tries to insure, but because of the insurance market
Council may want to consider the impact this would place on our
community's only taxicab service.
Mr. Barron stated that Staff recommends that if Council changes'
the insurance requirements for taxicabs, that changes also be
considered for limousines and touring vehicles, even though then
has been no request from the owners of such services.
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(31.) Consider Ordinance #8873 changing Public Liability Insurance
requirements for taxicabs, limousines, and touring vehicles.
ORDINANCE #8873
ORDINANCE NO. 8873
AN ORDINANCE AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES, CITY OF
LUBBOCK, (ENTITLED "VEHICLES FOR HIRE") BY AMENDING SECTIONS 27-55 AND 27-112
CHANGING THE MINIMUM AMOUNTS OF LIABILITY AND PROPERTY INSURANCE REQUIRED,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Brown, seconded by Councilman Nast
passing on first reading Ordinance #8873. Motion carried: 7
Yeas; 0 Nays.
86-45-2-7
( 6.) ORDINANCE #8860--Amending the procedures for the Permit License
and Appeal Board.
ORDINANCE #8860
ORDINANCE NO. 8860
AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 2 OF THE CODE OF ORDINANCES,
CITY OF LUBBOCK, TEXAS, (ENTITLED "PERMIT AND LICENSE APPEAL BOARD") PROVIDING'
FOR AMENDMENTS TO SAID ARTICLE IN ORDER TO PROVIDE FOR MODIFICATION OF THE
BOARD'S POWERS; PROVIDING A PROCEDURE FOR CONDUCT OF HEARINGS; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
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( 7.) ORDINANCE #8867--Levying assessments for paving improvement on
North Quaker Avenue from Clovis Road to Loop 289 G.W.O. 11686'
ORDINANCE #8867
ORDINANCE NO. 8867
G.W.O. 11686
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE
COST OF IMPROVING A PORTION OF THE FOLLOWING STREET: NORTH QUAKER AVENUE
FROM CLOVIS ROAD TO LOOP 289, SUCH PORTION BEING MORE PARTICULARLY DE-
SCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO
AND MADE A PART HEREOF, SAID PORTION OF SAID STREET BEING IN THE CITY OF
LUBBOCK, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND
FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE HEREOF, ALLOCAT-
ING FUNDS.
86-45-2-9
( 8.) ORDINANCE #8868--Levying assessments for paving improvements on
82nd Street from University Avenue to Avenue U G.W.O. 9063 .
ORDINANCE #8868
January 9, 1986 3
71 i
G.W.O. 9063
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE
COST OF IMPROVING A PORTION OF THE FOLLOWING STREET: 82ND STREET FROM
UNIVERSITY AVENUE TO AVENUE "U", SUCH PORTION BEING MORE PARTICULARLY
DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO
AND MADE A PART HEREOF, SAID PORTION OF SAID STREET BEING IN THE CITY OF
LUBBOCK, TEXAS, AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND
FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE HEREOF, ALLOCAT-
ING FUNDS.
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( 9.) ORDINANCE #8872--Requiring registration of charitable
solicitations.
ORDINANCE #8872
AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY
OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF ARTICLE IV PERTAINING TO
CHARITABLE SOLICITATIONS WITHIN THE CITY OF LUBBOCK; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
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(10.) ORDINANCE #8866--Regarding zoning districts in IH 27 Corridor.
ORDINANCE #8866
ORDINANCE NO. 8866
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF
LUBBOCK, ENTITLED "ZONING," BY ADDING A NEW ZONING DISTRICT TO BE KNOWN AS
"IHO," INTERSTATE HIGHWAY OFFICE DISTRICT AND PROVIDING FOR THE REQUIRE-
MENTS OF SUCH DISTRICT; BY ADDING A NEW ZONING DISTRICT TO BE KNOWN AS
"IHC," INTERSTATE HIGHWAY COMMERCIAL DISTRICT AND PROVIDING FOR THE
REQUIREMENTS OF SUCH DISTRICT; BY ADDING A NEW ZONING DISTRICT TO BE KNOWN
AS "IHI," INTERSTATE HIGHWAY INDUSTRIAL DISTRICT AND PROVIDING FOR THE
REQUIREMENTS OF SUCH DISTRICT; BY ADDING SUCH DISTRICTS TO SECTION 29-4,
ENTITLED "DISTRICTS"; BY ADDING SUCH DISTRICTS WITH DESIGNATED COLORS TO
SECTION 29-5, ENTITLED "ZONING MAPS"; BY ADDING SUCH DISTRICTS TO SECTION
29-26(i) WHICH REGULATES SIGNS; PROVIDING FOR A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Patterson, seconded by Councilwoman
Trejo passing on second and final reading Ordinance #'s 8860
(Item #6), 8867 (Item #7), 8868 (Item #8), 8872 (Item #9), and
8866 (Item #10). Motion carried: 7 Yeas; 0 Nays.
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(11.) ORDINANCE #8819--Authorizing removal of traffic signals at
Broadway and Avenue 0.
ORDINANCE #8819
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.
Motion was made by Councilman Nash, seconded by Councilwoman
Baker passing on second and final reading Ordinance #8819, as
recommended,by City,,Staff. Motion carried: 4 Yeas; 3 Nays --
Mayor Henry, Councilwoman Trejo, and Councilman Brown.
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(20.) Consider Resolution #2212 authorizing the Mayor to execute a
Partial Release in Files release of certain properties abutting North Quaker Avenue from
Clovis Road to Loop 289 G.W.O. 11686 .
RESOLUTION 0212
4 January 9, 1986
Partial Release in Files
RESOLUTION #2212
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor of the City of Lubbock BE and is hereby author-
ized and directed to execute a Partial Release of certain abutting properties
from any lien or cloud of title which could have been created by the filing of
Resolution 2132 of the City of Lubbock in the Deed of Trust Records of Lubbock
County, Texas by reason of the fact that such abutting property will not be
assessed for street improvements on North Quaker Avenue because such abutting
property lies adjacent to state highway right-of-way or paving improvements
would not enhance the value of the abutting property to the extent of the
estimated cost of such paving improvements.
SECTION 2. THAT a copy of said Release is annexed hereto.
Passed by the City Council this 9th day of January, 1986.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranefte -Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry V. Hoffman
Larry V. Hoffman, Director of
Transportation
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, Assistant City
Attorney
This document releases a portion of the abutting properties
adjacent to North Quaker Avenue from any Lien or Cloud of Title
which could have been created by the passage of the Intent to
Pave Resolution and subsequent recording in the Deed of Trust
Records of Lubbock County.
With one exception, the specific properties listed in the Release
will not be assessed because they abut State Highway
right-of-way. One parcel of property (McCollum property) was
found to not be enhanced by the paving improvements.
Motion was made by Councilman Patterson, seconded by Councilwoman
Trejo authorizing Resolution #2212 as recommended by City Staff.
Motion carried: 7 Yeas; 0 Nays.
86-45-4-14
(21.) Consider Resolution #2213 authorizing the Mayor to execute a
release of certain properties abutting 82nd Street from
-University Avenue to Avenue "U" (G.W.O. 9063).
RESOLUTION #2213
RESOLUTION #2213
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor of the City of Lubbock BE and is hereby author-
ized and directed to execute a Partial Release of certain abutting properties
from any lien or cloud of title which could have been created by the filing of
Resolution 2131 of the City of Lubbock in the Deed of Trust Records of Lubbock
County, Texas by reason of the fact that such abutting property will not be
assessed for street improvements on 82nd Street because there has been a prepaid
deposit for street improvements.
January 9, 1986 5
SECTION 2. THAT a copy of said Release is annexed hereto..
Passed by the City Council this 9th day of January, 1986.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry V. Hoffman
Larry V. Hoffman, Director of
Transportation
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth -F-0-ringim, Assistant City
Attorney
This document releases a portion of the abutting properties
adjacent to 82nd Street from any Lien or Cloud of Title which
could have been created by the passage of the Intent to Pave
Resolution and subsequent recording in the Deed of Trust records
Of Lubbock CVUOtv~
The specific properties listed in the Release will not be
ds5eSs8dhecaVse prepaid paving was placed with the City at the
time the property was platted.
Motion was made by Councilman Patterson, seconded by Council-
woman Tr 'O authorizing Resolution #22I3 as recommended hv �1tv
Staff. Motion carried: 7 Yeas; O Nays. ' -
8d-45-S-I5
/22.\ Consider Resolution #2214 authorizing
Zover Sheet of the State Highway Department Plans for
reconstruction of U.S. 84 from 3rU Street northwest to Loop 289
RESOLUTION #2214
RESOLUTION #2214
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 the approval Of the City Of Lubbock bvsigMiOg the cover
» sheet Of the plans prepared hthe Texas Department Of Highways d Public
_^ p g ��yg �O V C
Trdn9pUrti0O for the following project: '
., Reconstruction of U.S. 84 from 3rd Street to Northwest Loop 289
Said approval having been reqUe5ted,bv the Texas Department Of Highways and
Passed by the City Council this 9th day of January, 1986.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Alan Henry
ALAN HE NRY, MAYOR
APPROVED AS TO FORM:
Director
/s/ Larry V. Hoffman
Larry Hoffman, of
/s/ J. Worth Fullingim
J. Worth Fullingi'm, Assistant City
Attorney
6 ]dDUdry 9, 1986
86-45-6-l6
/23^\
These plans are for reconstruction of D 2.7 mile section Of
Clovis QOdd (U.S. 84\ from 3rd Street at Avenue 0 northwest to
Loop 289. The outside existing curb and gutter will remain and
the asphalt portion Of the street will be reconstructed. A
portion Of the project will have the existing median removed and
d C0Oti��OUs left turn lane constructed.
Motion was made by Councilman Brown, seconded by Mayor P0 Tem
Carpenter authorizing Resolution #2214 DS recommended by City
Staff. Motion Carried: 7 Yeas; O Nays.
Consider Resolution #2215 authorizing thE
RESOLUTION #2215
RESOLUTION #2215
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
the Cover
THAT the Mayor of the City of Lubbock BE and is h2r8hv authorized and
directed to execute the approval of the City of Lubbock by signing the cover
Sheet Of the plans prepared by the Texas Department Of Highways and Public
Transportation for the following project:
Reconstruction of Spur 326 from 3rd Street to Itasca Street
Said approval hdViDQ been reqU8st8d. by the Texas Department Of Highways and
Public Transportation.
. " ''Passed by the City Council this 9th day of January, 1986.
Alan
ALAN HENRY, MAYOR
ATTEST:
d
lRanxettm Boyd, City Secretary
APPROVED AS TO CONTENT:
Hoffman
Larry Hoffman, Ulr8cT0r of
Transportation
APPROVED AS TO FORM:
Worth Fullingim
i. m, Assistant City
Attorney
These plans are for reconstruction of d 1.2 mile section of (Spur
326\ Avenue 0 from 3rd Street north to Itasca Street. The work
also iOVOlves widening and reconstruction Of the railroad
overpass. The completed section will have three 00YiDg lanes in
each direction.
Motion was made by Council Brown, seconded by [OVOc1l0dO
Patterson authorizing Resolution #2215 as recommended by City
Staff. Motion carried: 7 Yeas; 0 Nays.
A5-45-h-l7
/24,\ Consider Resolution #2216 authorizing theexecute
Contract with Kucera/West, Inc. for aerial photography and
S88 Contract in Files related photogrametric services.
RESOLUTION #2216
January 4, 1986
7
RESOLUTION #22I6
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 8 Contract to
be entered into by and between said City and Kucrd/West, Inc., 4090 Monaco
Parkway,Denver, Colorado concerning aerial photography and related
phOt0grammetriC Services, attached herewith, which shall be spread upon the
minutes of the Council and as spread UpVO the minutes of this Council shall
constitute and be a part of this Resolution as fully copied herein in
detail.
Passed by the City Council this 9th day of January, 1985.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry V. Hoffman
Larry Hoffman, Director of
Transportation
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth i5tdnt
City Attorney
This project is in the approved Capital Projects Budget under
Storm Sewer I0prOV808Mt8 and has had $500,000 budgeted. The
Contract is the result Of R.F.P. NO. 8737 covering 133 square
. . miles of aerial photography (Scale 1" = 200'\ and one -foot
' interval contour maps (Scale I^ = 2OU'\ and the City CVuncil/s
directiVnS to negotiate a Contact with
�Kucera/West,Inc. The
total amount -of this contract is $303,127. This work is to be
Completed in approximately nine months.
Motion was made by Mayor Pro Te0 Carpenter, seconded hv
Councilman Nash authorizing Resolution #2216 as recommended h«
` City Staff. Motion carried: 7 Yeas: 0 Nays. -
86-45-7-18
/25.\ Consider the id condition of sale of
portion thereof) in the Coronado TEX. aa Urban Renewal Area.
This parcel of land is a portion of Parcel #9-8 in the WheelUck'S
Addition. The redeveloper is AlmO 3edberry, the redevelopment is
for single-family residence and the price is $750.
Motion was made by Councilman Patterson, seconded h« [0UMc1lwVmaD
Baker authorizing the price and conditions of Sale 'f Parcel #9-8
as set out above. Motion carried: 7 Yeas; O Nays.
(26.) Consider the price and conditions of sale of Parcel #4-1 in the
This parcel of }and is all Of Parcel #4-1 in Scharbauer's
Subdivision. Watson Foods, Inc. is the redeveloper; the
redevelopment is for a parking lot and the price is $6,900.
Motion was made by Mayor Pro T8m Carpenter, seconded by Council-
man Patterson authorizing the price and conditions'of sale of
Parcel #4-1 as Set out above. Motion carried: 7 Yeas; 0 Nays.
85-45-7-2O
(27.) Consider Resolution #2
Tgreement_with People for Animal Welfare (_PA`W`ST_.
See Lease Agreement in Files
RESOLUTION #22I7
8 January 9, 1986
RESOLUTION #2217
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
by and between the City of Lubbock and the People of Animal Welfare (PAWS),
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 fully copied herein in detail.
Passed by the City Council this 9th day of January, 1986.
/s/ Alan Henry
ALAN HENRY,MAYOR
ATTEST:
/s/ Ranette Boyd
Ranefte -Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Rita Harmon
Rita Harmon, Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
On September 7, 1985, a ground -breaking was held for the PAWS
Adoption Center which was constructed by People for Animal
Welfare (PAWS). The estimated value of the Adoption Center is
$40,000, and it contains an office, counter space and twenty
runs. On January 7, 1986, PAWS will donate the facility to the
City of Lubbock, but in exchange for donating the facility to the
City, PAWS has asked for an Agreement that provides assurance
that they can use the facility for animal control.
The $40,000 value of the building is adequate for fair market
lease value and Staff stated that the Lease Agreement is in
compliance with City Council Policy on rent of excess City
property. The Lease is for a period of ten years, with the City
maintaining the facility and with PAWS maintaining current
liability insurance and holding the City harmless from any claim
for injuries or damage arising from PAWS use of the premises.
Motion was made by Councilwoman Trejo, seconded by Councilwoman
Baker authorizing Resolution #2217 as recommended by City Staff.
Motion carried: 7 Yeas; 0 Nays.
86-45-8-21
(28.) Consider Ordinance #8874 amending Chapter XIV of the Code of
Ordinances by adding ZAti��!e.IX providing for the regulation of
AdultEntertainmentEstablishments and Enterprises.
ORDINANCE #8874
ORDINANCE NO. 8874
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF
LUBBOCK, ENTITLED "ZONING", BY REQUIRING A SPECIFIC USE ZONE CHANGE FOR
ADULT ENTERTAINMENT ESTABLISHMENTS OR ENTERPRISES, IN THE "C-3," "C-4,",
11M_111 or "M-2" ZONING DISTRICTS AND SUBJECT TO CERTAIN MINIMUM CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICA-
TION.
Several businesses have recently developed relating to Adult
Entertainment Enterprises, and the Staff recommends provisions or
licensing of these establishments in conjunction with provisions
for zoning laws pertaining to these. Chief of Police Tom Nichols
reported to Council that his department has found adult
entertainment establishments and enterprises operating from
January Q, 1986
11,
private residences causing deterioration of the quality of life
in these neighborhoods. The Ordinance presented to Council had
come as recommended by the Planning and Zoning Commission.
Jim Bertram, Assistant City Manager, stated that this Ordinance
will assist in the identification of these types of business
establishments and help provide protection for adjacent
businesses and others who use these types Of businesses.
Motion was made by Mayor Pro Tem Carpenter, seconded by Council-
woman Trejo passing on first reading Ordinance #8874^ Motion
carried: 7 Yeas; 0 Nays.
86-45-9-22
/29.\ Consider Resolution #2
32e Agreement in Files Waste Water Tr-- '--- '~'' sludge
Farm, Inc.
RESOLUTION #2218
RESOLUTION #2218
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 municipal wastewater treatment plant sludge disposal t0 'b8'entered into
by and between said City and West Texas Turf Farm~ Incorporated, attached
herewith, which shall be Spread UpVD the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be d part Of
this Resolution as fully copied herein in detail.
Passed by the City Council this 9th day of January, 1985.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Sam Wahl
Sam Wahl, Director of Water Utilities
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth iStdnt
City Attorney
The proposed Contract is to allow the City to dispose of sludge
from the Waste Water Treatment Plant at alucati0O more
convenient than the Sanitary Landfill. Mr. Thomas with West
Texas Turf Farms, Inc. has requested to be allowed to use the
waste sludge on his turf farm. The appropriate state agencies
have been contacted and have given approval of this method Of
disposal. Mr. Thomas has agreed to hear all the costs of the
required testing and has agreed to furnish a performance bond and
insurance to cover the operation. The City will receive the
benefit of having 8 more convenient location to dispose of this
sludge andwill not be using up landfill Space. This Contract
does not require the City to haul all Of the sludge to th turf
farm, but permits it as the City desires. The term Of this
Contract is for two years, but `t does allow either the City or
the turf farm to cancel the Contract with thirty days written
notice.
Staff recommended this arrangement inasmuch as the sludge will be
returned to the soil and will result in saving to the City.
� Motion was 0dd2 by Councilman Nash, seconded hv Councilman Brown
authorizing Resolution #22I8 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays. - ~
10
0
January 9, 1986
86-45-10-23
(30.) Consider Resolution #2219 approving the establishment of a
Lubbock Emergency --Communications----'--—District.
RESOLUTION #2219
RESOLUTION #2219
WHEREAS, Senate Bill No. 750 provided for the creation of emergency
communication districts using the telephone number 9-1-1 as the primary
emergency telephone number within the said district; and
WHEREAS, the City Council of the City of Lubbock believes that it would be
in the best interest of the citizens of the City of Lubbock to participate in
such a district in order to speed emergency response to citizens seeking police,
fire, medical, rescue and other emergency services; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City of Lubbock as a "most populous city" within the
meaning of S.B. 750 desires to initiate a 9-1-1 Emergency Communication District
including the City of Lubbock; and
SECTION 2. THAT the City of Lubbock hereby appoints two members to the
Board of Managers of said Emergency Communication District, which members shall
be:
Alan Henry
William Payne
Said members shall serve for initial terms whose length shall be determined by
the drawing of lots in accordance with the provisions of S.B. 750, and, in the
event a vacancy in such positions shall occur, the City Council of the City of
Lubbock shall appoint a member to fill such vacancy.
Passed by City Council this 9th day of January, 1986.
/s/ Alan Henry
AIXVREINRY, MAYOR
ATTEST:
/s/ Ranette Boyd
kane"tte -B-o-y-d-,—C—ity Secretary
APPROVED AS TO CONTENT:
/s/ Rita Harmon
Rita --'Harmon, ---Assistant City Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
666a-l'd G. Vandiver, First Assistant
City Attorney
The City Council. in work session of November 21, 1985,
instructed the Staff to pursue contacts with other governmental
agencies on the 911E System. All of the appropriate
jurisdictions were notified of a meeting which was held on
December 17, 1985. Representatives from the City of Lubbock,
County of Lubbock, Slaton, Shallowater, Lake Ransom Canyon and
the Lubbock County Hospital District were in attendance and were
supportive of the establishment of the 911E System.
It was explained that the next step is for the City of Lubbock,
County of Lubbock, and Slaton to appoint their representatives to
the Board of Managers (2 appointed by the City of Lubbock; 1
appointed by Slaton). A presentation was made to the County
Commissioners on December 30, and they took formal actions to
express their approval of the establishment of the Lubbock
Emergency Communications District. A presentation was given to
the Slaton City Council on January 3. After the appointment of
these four members, the Board of Managers can meet to call an
January g, 1986
Tl
Election. The other jurisdictions can collectively appoint one
voting member to represent them OD the Board. and Southwestern
Bell will have one A0O-vOtfDg member.
Motion was made by C0UDCilNU0aD Baker, seconded by [OUMCil0dD
Patterson authorizing R9SVlUti0O #2219 as recommended hx ��tv
Staff. Motion carried: 7 Yeas: U Nays.
- '
86-45-I1-24
r-� /34.\ RFP #8784--Ite0 ii
equipment, dUthVr��� same
--- C011��t�OO8). ---------- ----------------`---
588 Contract in Files
--- ~-
U R_ESOL-�TI�N-- -�'2220- .� -__-_
RESOLUTION #2220
----------------
U 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 LO execute for and On behalf of the City of Lubbock a contract with
Burroughs Corporation for the Item Processing Systems, a Copy of which is
attached herewith, which shall be spread UpOO the minutes Of the Council and as
spread Up0D the 01DUt8S of this Council shall constitute and be d part of this
Resolution as fully copied herein in detail.
Passed by the City Council this 9th day of January, 1986.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Gene Edd9
Gene EadS PUrChOS�O
, g Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
Burroughs Corporation --I Item Processing System- -Hardware and
AniSdr Western --I Mail Opening and Extraction System; l Document
Jogger.
Motion was made by Mayor Pro Te0 Carpenter, seconded h«
CVUDcil0dD Nash authorizing Resolution #2220 accepting the low
bids meeting specifications, as recommended hv ��tv Staff.
Motion Carried: 7 Yeas; O Nays.
- -
86-45-11-25
(35.) RFP #8799--Financial collection service, and authorize same
S8e Agreement in Files
RESOLUTION #2221 and #2221A
12
January 9, 1986
RESOLUTION #2221
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 Professional
Services Agreement by and between the City of Lubbock and Checks Systems,
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 9th day of January, 1986.
/s/ Alan Henry
"LAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, --City Secretary
APPROVED AS TO CONTENT:
/s/ Robert Massengale
Robert' -'Massengale '-Assistant City
Manager for Financial Services
APPROVED AS TO FORM:
/s/ Michele Hart
Mich'e_J_eHart, Assistant City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT entered into this day by and between the City of Lubbock,
hereinafter called "City", and Check Systems, hereinafter called "Corporation;"
WITNESSETH:
WHEREAS, the City may have checks which it may desire Corporation to
collect from time to time, and whereas, Corporation is qualified to collect such
unpaid checks as may be referred by City; and
NOW THEREFORE, the City and the Corporation mutually agree as follows:
1. Corporation agrees to perform collection on insufficient funds
checks upon the terms stated in Exhibit "A", which are attached herewith
and made a part hereof for all purposes.
2. The term of this Agreement shall be one (1) year commencing on
January 1, 1986 and ending on December 31, 1986. However, both parties to
this Agreement shall meet on or before September 1, 1986 for the purpose of
negotiating an optional one (1) year extension of this Agreement.
3. The Corporation shall keep full and complete records of its
progress in a form agreeable to City, which form shall be approved by City
prior to commencement of collection activities.
4. Corporation shall not assign any interest in this Agreement and
shall not transfer any interest in this Agreement, whatsoever, without
prior consent of the City.
5. Corporation shall save and hold harmless the City from all suits,
actions or claims brought on account of any activities engaged in by
Corporation pursuant to this Agreement.
6. City shall assist Corporation by making available to Corporation
all records and dates on file that will assist Corporation in the discharge
of its duties under this Agreement.
7. Corporation agrees that it will comply with all laws pertaining to
collections of this nature, both federal and state.
8. This Agreement may be terminated by either party during its
course by delivery of thirty (30) days written notice of intent to the
other party at the following addresses:
January 9, 1986
13
CHECK SYSTEMS
2003 Boston
P. 0. 80x 12050
Lubbock, Texas 79452
EXECUTED THIS 9th day of January, 1986.
[HECK SYSTEMS:
/s/ David R. Terry
ATTEST:
/s/ Emma Lou Gomez
See Agreement in f-Iles
CITY OF LUBBOCK
P. 0. Box 2000
Lubbock, Texas 70457
/s/ Alan Henry
ALAN HENRY, MAYOR
Ranette Boyd
City Secretary
APPROVED AS TO CONTENT:
/s/ Robert Massengale
k6e`rt Massengale
Assistant City Manager
APPROVED AS TO FORM:
Michele
Michele Hart
Assistant City Attorney
RESOLUTION 2221A
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 Professional
Services Agreement by and OD behalf of the City Of Lubbock and Accounts
Management Corporation, attached herewith, which shall be spread Up0D the
minutes Of the Council and as spread UpOO the minutes of this Council shall
U constitute and be a part Of this Resolution as if fully copied herein in detail.
Passed by the City Council this 9th day of January, 1986.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Massengale
Robert Massengale, Assistant City
|�! Manager for F1OdnC1dl Services
|� APPROVED AS TO FORM:
Michele
.Mi che 1 e Hart Assistant City Attorney
THE STATE OF TEXAS 6
�
COUNTY OF LUBBOCK 6
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT entered into this day by and between the City Of Lubbock,
hereinafter called "City", and Accounts Management Corporation, hereinafter
called "Corporation.,"
14 January 9, 1986
WITNESSETH:
WHEREAS, the City may have checks which it may desire Corporation to
collect from time to time, and whereas, Corporation is qualified to collect such
unpaid checks as may be referred by City: and
NOW THEREFORE, the City and the Corporation mutually agree as follows:
1. Corporation agrees to perform collection on insufficient funds
checks upon the terms stated in Exhibit "A", which are attached herewith
and made a part hereof for all purposes.
2. The term of this Agreement shall be one (1) year commencing on
January 1, 1986 and ending on December 31, 1986. However, both parties to
this Agreement shall meet on or before September 1, 1986 for the purpose of
negotiating an optional one (1) year extension of this Agreement.
3. The Corporation shall keep full and complete records of its
progress in a form agreeable to City, which form shall be approved by City
prior to commencement of collection activities.
4. Corporation shall not assign any interest in this Agreement and
shall not transfer any interest in this Agreement, whatsoever, without
prior consent of the City.
5. Corporation shall save and hold harmless the City from all suits,
actions or claims brought on account of any activities engaged in by
Corporation pursuant to this Agreement.
6. City shall assist Corporation by making available to Corporation
all records and dates on file that will assist Corporation in the discharge
of its duties under this Agreement.
7. Corporation agrees that it will comply with all laws pertaining to
collections of this nature, both federal and state.
8. This Agreement may be terminated by either party during its
course by delivery of thirty (30) days written notice of intent to the
other party at the following addresses:
CHECK SYSTEMS
2603 Boston
P. 0. Box 12050
Lubbock, Texas 79452
EXECUTED THIS 9th day of January, 1986.
CHECK SYSTEMS:
/s/ David R. Terry
GENERAL MANAGER
ATTEST:
/s/ Emma Lou Gomez
Secretary
CITY OF LUBBOCK
P. 0. Box 2000
Lubbock, Texas 79457
CITY OF LUBBOCK:
/s/ Alan Henry
A-L-A—N-HENRY, MAYOR
/s/ Ranette Boyd
Ranette Boyd
City Secretary
APPROVED AS TO CONTENT:
/s/ Robert Massengale
Robert Massengale
Assistant City Manager
APPROVED AS TO FORM:
/s/ Michele Hart
Michele Hart
Assistant City Attorney
Accounts Management Corporation --checks collection; accounts
collection (gravesite, lot purchases, weed mowing, water and
sewer, LP&L and paving assessment.
Motion was made by Mayor Pro Tem Carpenter, seconded by Council-
man Nash authorizing Resolution #'s 2221 and 2221-A accepting the
low bid meeting specifications, as recommended by City Staff.
Motion carried: 7 Yeas; 0 Nays.
January 9, 1986
15
86-45-15-26
(36.) BID #8801--Rotary distributors (Water Utilities Engineering).
Treatment Equipment Company--2 rotary distributor assemblies for
78' diameter filters.
Motion was made by Mayor Pro Tem Carpenter, seconded by Council-
man Nash accepting the low bid meeting specifications, as
recommended by City Staff. Motion carried: 7 Yeas.; 0 Nays.
86-45-15-27
(37.) BID #8808--Exterior door replacement at Auditorium -Coliseum, and
authorize same Community Facilities).
--
See Contract it-, Files
RESOLUTION #2222
RESOLUTION #2222
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 by and
between the City of Lubbock and LDC Construction Company, Inc. for exterior door
replacement at the Municipal Auditorium -Coliseum, 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 9th day of January, 1986.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
kinette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Weston
Jim Weston, _Director of Community
Facilities
APPROVED AS TO FORM:
/s/ Michele Hart
Michele Hart, Assistant City Attorney
LDC Construction Company, Inc. --Labor and materials to replace
exterior doors at Municipal Auditorium -Coliseum.
Motion was made by Mayor Pro Tem Carpenter, seconded by Council-
man Nash authorizing Resolution #2222 accepting the low bid
meeting specifications, as recommended by City Staff. Motion
carried: 7 Yeas: 0 Nays.
86-45-15-28
(38.) BID #8811--Miscellaneous electric items (Warehouse Stock).
Westinghouse Electric Supply-200 clamps 48 test switch 10 poles.
Temple Inc.--500 eyebolts w/ nut; 600 connectors; 100 glass
insulators; 600 insulators -porcelain; 1,000 wireholders; 48 test
switches; 60 stress relief cones; 1,000 lb. copper wire; 5,000'
cable.
Motion was made by Mayor Pro Tem Carpenter, seconded by Council-
man Nash accepting the low bids meeting specifications, as
recommended by City Staff. Motion carried: 7 Yeas; 0 Nays.
16 January 9, 1986
86-45-16-29
(39.) BID #8818--Furnishing and installing waterline for service to
A&M__E;aensio_n Center,_ 11 a . nd a - uth - or-ifie—sam-e -(Water-_ U`t-i-1it-ie-s—''-
See Contract in Files Engi_nee_rin_g).__
RESOLUTION #2223
RESOLUTION
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
with Panhandle Construction Company for the installation of water lines at
the Texas A & M Extension Center, 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 fully copied
herein in detail.
Passed by the City Council this 9th day of January, 1986.
/s/ Alan Henry
ALAV MM7_,7M-OR
ATTEST:
/s/ Ranette Boyd
Rane7e Boy , -City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads, C.P.M.
eneEads, Pbr'Fasing Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Raro d Wit lard,77s-sistant City Manager
Panhandle Construction Co. --Pipeline installation to serve Texas
A&M Extension Center.
Motion was made by Mayor Pro Tem Carpenter, seconded by Council-
man Nash authorizing Resolution #2223 accepting the low bids
meeting specifications, as recommended by City Staff. Motion
carried: 7 Yeas.: 0 Nays.
86-45-16-30
(40.) BID #8824--Miscellaneous water items (Warehouse stock).
Waterworks Municipal Inc.--10 cast flexible coupling; 400
straight meter coupling; 24 brass meter flanges: --I 112"; 24
brass meter flanges--2".
C&C Municipal Supply--4,000' copper service pipe.
Trans Tex Supply Company--12 repair clamps: 2 cut -in repair
couplings.
Western Industrial Supply--200 service clamps; 50 service clamps;
48 cast flexible couplings.
National Util. Products--300 manhole casting ring 3/4"; 60 1"
manhole casting right.
The Marta Company--1,000 curb stops; 100 24" manhole rings; 25
standard water manhole lids.; 1,000 brass adapters.
Motion was made by Mayor Pro Tem Carpenter, seconded by
Councilman Nash authorizing Resolution #2223 accepting the low
bids meeting specifications, with instruction that the record
show that on Item #8 Mayor Henry drew to break a tie bid, with
the award going to the Waterworks Municipal, Inc. Motion
carried: 7 Yeas, 0 Nays.
January 9, 1986
17
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Dorothy Russe I I a
personally appeared w i l y Aufillq
pers Corporation, publishers of the Lubbock
being by me duly sworn did depose and say tl
than fifty-two weeks prior to the first insert
No. 71
ed copy of the Legal Notice
Avalanche -Journal on the fol1lowin dates- _
494 Words 0 38t cet word =
Account Managert/
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 16
FORM 58-10
86-45-17-31
M2320—R80
:)r Lubbock County, Texas on this day
of the Southwestern Newspa-
Morning, Evening and Sunday, who
been published continuously for more
-egal Notice
County, Texas and the attached print-
NW9 and was printed in the Lubbock
19 85
7Ny °�ELI
Fubl'.c
�.; the State Ci iexas;
Commission Ex,�ires Ncv. 9, 138$;' .
(12.) ORDINANCE #8875--ZONE CASE #2549: (Located at 320 North Loop
289). Hold a public hearing on the request of Harold Pharr for
a change of zoning from C-4 to C-4 Specific Use (Vacation Travel
Trailer Parks under provisions of Section 29-24 15 of the Code
of Ordinances of the city of Lubbock on Lots 1 and 9 through 17,
Block 1, and all of Block 2; and Lots 1 and 17, Block 3,
R�.Keclar�a1dd�t�on, City of Lubbock, Lubbock County, Texas.
ORDINANCE NO. 8875
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.
2549; A SPECIFIC USE ZONE CHANGE, FROM C-4 TO C-4 SPECIFIC USE PERMIT UNDER
PROVISIONS OF SECTION 29-24(c)(16) OF THE ZONING ORDINANCE, FOR A TRAVEL
TRAILER PARK ON LOTS 1 AND 9 THROUGH 17, BLOCK 1, AND ALL OF BLOCK 2; AND
LOTS 1 AND 17, BLOCK 3, RIVERLAWN 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.
Garret Gilliland, representing Harold Pharr, presented to Council
a request for Recreational Vehicle Park to be located in a creek
bed adjacent to the Loop with access to the Amarillo Highway.
The adjacent land use relationships are as follows:
North - Scattered commercial development
South - Loop 289
East - Existing single-family residences
West - Existing commercial development
(travel trailer sales)
Assistant City Manager Jim Bertram explained to Council that the
land use and the requested zoning district are consistent with
our Land Use Plan and would make a perfect development for this
low lying creek bottom where otherwise, probably nothing would
develop due to the topography and the cost of cut and fill
operations. The tract is already zoned C-4 so the applicant had
only to prepare a Site Plan as a prerequisite for the specific
use designation. The Site Plan meets or exceeds the required
development standards contained in Chapter 15 of the Code for
travel trailer parks, except for the Section on natural gas,
lighting, and sanitary facilities. The Site Plan shows a
requested variance in these three standards.
The Code requires that all travel trailers be supplied with a
natural gas hook-up, but the applicant is requesting that this be
deleted since all the units will be self-contained and no gas
will be furnished. The Code would require that all outdoor
18 January 9, 1986
lighting be a certain height and the applicant has requested
using shorter light standards and the code would also require
sanitary facilities to be located no closer than 5' nor farther
than 200' from any travel trailer space. The applicant could not
meet this requirement because of the severe change in topography
of the site.
The density of the development shown on the Site Plan is 8.5
units per acre or 108 units. The maximum allowable density under
the Code could be as many as 20 units per acre or 160 units
total. The Zoning Ordinance would require 135 parking spaces and
the Site Plan is showing 136 spaces.
The Planning Commission accepted the proposal and approved the
case subject to the following conditions-
1. Subject to the Site Plan presented to the Planning and
Zoning Commission and
2. The proponent is exempted from complying with the
following sections of Chapter 15 Code of Ordinances
of the City of Lubbock as follows -
a, Section 15-53 - Natural Gas
b. Section 15-15 - Lighting and.
c. Section 15-64 - Sanitation Facilities
The Staff recommended that the City Council uphold the Planning
and Zoning Commission.
Mrs. Corina Saldana appeared to ask if this zone change would in
any way affect her property which is nearby. She was assured by
the City Staff that it would not.
No one appeared in opposition to this request.
Motion was made by Councilman Patterson seconded by Mayor Pro
Tem Carpenter passing on first reading Ordinance #8875 upholding
recommendations of the Planning and Zoning Commission and City
Staff.
86-45-18-32
(13.) ORDINANCE #8876--ZONE CASE #2522-A- (Located at 4th Street and
Venita Avenue). Hold a Public Hearing on the request of Jack
Kastman for a change of zoning from C-2 and R-1 Specific Use to
C-3 Specific Use under provisions of Section 29-29 of the Code of
Ordinances of the City of Lubbock. on Lots 1. 2- 3- and 61.
Frenship Estates Addition, City of Lubbock„ Lubbock County.
Texas.
ORDINANCE #8876
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.
2522-A; A CHANGE OF ZONING FROM C-2 AND R-1 SPECIFIC USE ZONING DISTRICTS
TO C-3 ZONING DISTRICT LIMITED TO: 1) QUICK TUNE AND QUICK OIL CHANGE TYPE
USE, AND 2) USES UNCONDITIONALLY PERMITTED IN THE C-2 ZONING DISTRICT,
UNDER PROVISIONS OF SECTION 29-29 OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, ON LOTS 1, 2, 3, AND 61, FRIENDSHIP 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.
Jack Kastman presented to City Council his request for garage
spaces that would be rented out to people who wanted to work on
their own vehicles. Of all the activities listed on the
application, it was suggested by the Staff that the C-3 district
was the most appropriate district to accommodate all the desired
uses. Because of the nature of the case, the applicant was
willing to file for a specific use designation to show
willingness on his part to soften the impact of the requested
uses and the recommended Zoning District. The adjacent land use
relationships are as follows:
North - Mobile home park (outside the city limits)
South - Vacant R-1 zoning in a commercial policy area
East - Vacant C-2 zoning and mobile home park
West - R-1 zoning with legal non -conforming commercial uses
January 9` 1986
19
Mr. Bertram said that as far as the Plan is concerned, this is d
cV00prCi8l area and the proposed Use would be consistent with
- that designation. The real question in this case is being able
' to justify the OOtVrg of the use and the impact Of the proposed
district. While Staff agrees that the nature Of the use is not
all that 0UCh out of character with adjacent land uses, there is
concern that if this case is granted it will just open a door for
/— Odd'iti0D C-3 Z0DiUQ. While we all might be satisfied with this
particular case and its proposed uses, we might not be s0
satisfied with the next C-3 request. The goal of the Land Use
Plan is to set C-3 uses at the major intersections unless there
is some justification for the next zoning district. Slight as it
is, the only justification Staff sees for deviating from the plan
is the fact that there are existing legal non -conforming legal
Us8S in the neighborhood now that would not fit the character Of
C-2 ZODiDg but would fit the character of the requested C-3
zoning Or a higher C-4 district.
Another concern was how the use could be monitored. If d user is
provided with a lift and On air -hose, an assortment of tools in a
rented garage bay, and is allowed to provide tune-ups, oil
changes, etc.~ there is d potential for a required C-4 zoning
falling under the category of garages. After reviewing the site
plan with the applicant and reviewing the dd'dC8Ot land uses, the
Commission approved the case subject to the following conditions:
}. The zoning Shall be C-3 Specific Use for quick tUO2 and
quick oil change type uses, and all C-2 uses; and
2. Allow two mobile k00e UD1tS on each of Lots 2 and
3. Condition #2 relates to a second part of this case,
unrelated to the main question. It is D request to
allow two mobile home units on Lots 2 and 3. The Site
Plan of the original zone case set the density of the
mobile home portion of the CDSt at one unit per lot, Or
one unit per two acres, where the Code would have
allowed as many as D8v2O units per acre. Technically,
the request is to increase the density on the Site plan
for Lots 2 and 3 to two units per lot.
The Staff recommended that the City Council uphold the Planning
Commission.
No one appeared in opposition to the request. Motion was made by
Councilman Nash, seconded by Councilwoman Trejo passing on first
reading Ordinance #8870 as recommended by City Staff. Motion
carried: 7 Yeas; O Nays.
86-45-19-33
/14.\
Street Hold a Public Hearing on the request of G. Randall
Andrews to amend a Site Plan under provisions of Section 29-29 of
the Code of Ordinances of the City of Lubbock, on Tract G, King's
Gate Addition, City of Lubbock, Lubbock County, Texas.
ORDINANCE #8877
ORDINANCE NO. 8877
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO 83 TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO.
2269-H; TO AMEND THE SITE PLAN OF TRACT G, KING/8 GATE ADDITION TO THE
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING
FOR A PENALTY AS PROVIDED FOR IN SECTION 29-31(0) OF THE ZONING ORDINANCE:
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Randy Andrews appeared to present his request to amend a
previously approved Site Plan at the southeast corner of 82nd
Street and Quaker Avenue in order to eliminate the required
sidewalks from that shopping center development. The only issue
in this case is the required sidewalk.
Jim Bertram stated that this Cd08 back to the Planning Commission
by virtue of paragraph 2 in the Sidewalk Ordinance that Says in
effect sidewalks can be waived by the Planning Commission as long
as they are waived Under the Specific Use Permit which requires a
Site Plan. This distinction is made because normally the
Planning Commission d08S not act on development standards except
at the time of the original zoning. However, in this case, it
was determined that the Planning and Zoning Commission, under the
Sidewalk Ordinance, has the authority to amend this particular
Site Plan.
20 January 9, 1986
Another reason the applicant chose to apply to the Planning
Commission was in an effort to exhaust all remedies available to
him to delete the required sidewalks. The applicant previously
went to the Building Board of Appeals, where normally this kind
of issue is debated, and was denied at that level. The Building
Board of Appeals indicated in their denial that under the Street
and Sidewalk Ordinance they did not have the authority to do what
the applicant was asking them to do, therefore, they directed him
to apply to the Planning Commission.
The problem here arose as the applicant was beginning site
development and applied for a Building Permit that did not show
any sidewalks on part of the development. Building Inspection
stopped the permit process and advised the applicant that he
would have to install sidewalks. In the original zone case, the
Site Plan approved did not show any sidewalks but it did not
specifically mention that they would be deleted either by graphic
detail or by footnote; nor was there any mention in the
ordinance conditions of any deletion of the sidewalk standard.
In that case, the Ordinance still prevails since there was no
specific deletion of that standard and the Staff interpretation
was that the sidewalk was still required.
The applicant made a fairly lengthy presentation to P&Z, to offer
a much greater percentage of landscape on his development in
lieu of the required sidewalks. The Staff recommended that the
Ordinance be upheld and that the sidewalks be required, but the
Planning commission decided to vote in favor of the applicant and
amend the Site Plan to show that the sidewalks be deleted:
1. Subject to the Site Plan approval by the Commission on
the Landscaping and Irrigation System.
The Staff recommended that the City council uphold the Planning
Commission.
Mr. Harvey Landers appeared to speak in opposition to the request
for removal of sidewalks. No one else appeared to speak.
Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem
Carpenter passing on first reading Ordinance #8877 as recommended
by the Planning and Zoning Commission. Motion carried: 7 Yeas;
0 Nays.
86-45-20-34
(15.) ORDINANCE #8878--ZONE CASE #2550: (Located north of 19th Street
and 722West of Alcove Avenue). Hold a Public Hearing on the
request of David R. Goyette for J. R. Austin) for a change of
zoning from R-1 to M-1 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, Lubbock County, Texas.
ORDINANCE #8878
ORDINANCE NO. 8878
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.
2550; A CHANGE OF ZONING FROM R-1 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 2, BLOCK D-6, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PRO-
VIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 29-31(a) OF THE ZONING
ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
David Goyette presented this request to set original zoning on an
existing land use so that appropriate permits could be issued to
expand and remodel that existing use. The applicant filed an M-1
case to accommodate existing outside storage. The existing use,
a pump service, would be allowed in the C-4 district, but the
outside storage would not. After a brief discussion, the
Commission agreed not to grant the M-1 zoning, but were desirous
of accommodating the applicant's existing use and therefore
granted a C-4 zoning with the condition that the existing outside
storage be allowed to remain but that it be screened.
The Staff recommended that the City Council uphold the Planning
Commission.
Motion was made by Councilman Brown, seconded by Councilman
Patterson to pass on first reading Ordinance #8878 as recommended
by the Planning and Zoning Commission and City Staff. Motion
carried: 7 Yeas; 0 Nays.
January q' 1986
21
86-45-21-35
(lh°) ZONE CASE #1490-F: (Located at 69th Street and Slide Road).
Appeal of Burl Masters (for Alexis Park Shopping Center) to
delete condition "a" of Ordinance #7233-A, under provisions of
Section 29-29 of the Code of Ordinances of the City of Lubbock,
on the West 2.5' of Lot 1-A, and the West 2.5' of Tract A,
Fiesta Autoland Addition, City of Lubbock, Lubbock County,
Burl Masters presented (for Alexis Park Shopping Center) d
request to delete condition "A« Of Ordinance #7233-A which
required d screening fence from Loop 289 to the alley south of
69th Street On the east side of Slide Road.
The adjacent land use relationships are as follows:
North - Loop 289
South - Existing single-family residence
East - Existing commercial
West - Existing commercial and single-family development
J10 Bertram advised Council that in 3tdff/S opinion this Cd3e
is not a Land Use Plan issue, but is a request to determine
whether or not d development standard as required in an earlier
Ordinance needs to be deleted from that Ordinance.
There are two major factors that should influence the decision:
I° The Sentry Park Addition is basically totally devel-
oped; leaving the tract between 08th Street and 70th
Street with frontage on Slide as the only remaining
large area with development potential in this neigh-
borhood.
2. The Fiesta AUt0ldOd Addition is virtually l00%
d2V2(0Dpd with about seven vacant tracts remaining on
the interior of the addition. All the Slide Road
frontage is developed and there CaO be no further
development to influence the immediate frontage of
Slide Road.
Mr. Bertram reminded Council that the fence was originally
installed OS a buffer element between the new Car dealership
and the residents in Ranch Acres Addition in Fiesta 8Ut0laOd~
The recent completion of Alexis Park and the Texaco CdrwDSh at
the COrD2r Of 60th Street and Slide Road serves as
evidence that no further commercial development can take
place that would directly iOflU8DCS the frontage of Slide
ROdd,
The Commission heard considerable opposition from several of
the residents in Ranch Acres Addition and after a fairly
lengthy discussion, voted to uphold the existing ordinance and
require that the fence remain installed as it is currently.
The Planning Staff believes that part Of the red500 and
fUDCtiOD of the fence was to buffer UOkD0wO future land USgS.
With the current USe3 fixed, the removal request seems more
reasonable.
Residents Of Ranch Acres who spoke in opposition to this
request are: Bill Cox, DOD McIntUrf, Pat Conover and Patricia
Krause.
Motion was made by Councilman Brown, seconded by Mayor Pro Tem
Carpenter to uphold recommendation of the Planning and Zoning
Commission. Motion carried: 5 Yeas: 2 Nays --Councilwoman
Baker and Councilman Nash.
January '9, 1986
23
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF
LUBBOCK, ENTITLED "ZONING", BY ADDING TO SECTION 29-3 A DEFINITION FOR
"COMPARABLE USE"; AND BY ADDING A NEW SECTION WHICH WILL PROVIDE CONTROLS UPON
SIGNS IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION.
In April, 1985, the Texas Legislature gave Texas cities the right
to extend local sign controls and regulations into areas of
Extraterritorial Jurisdiction. This Ordinance extends our local
Sign Ordinance into our ETJ (5 mile limit) on a "comparable use"
basis as defined in the Ordinance. Sign owners have six months
after passage to register their signs as legal, non -conforming
signs.
Motion was made by Councilwoman Baker, seconded by Councilwoman
Trejo passing on first reading Ordinance #8882 as recommended by
the Planning and Zoning Commission and City Staff. Motion
carried: 7 Yeas; 0 Nays.
86-45-23-39
(41.) Consider one appointment to the Lubbock Health Facilities
Development Corporation Board. Shelton Berry has resigned.
Motion was made by Councilwoman Baker, seconded by Councilman
Patterson appointing Roy Middleton to fill the unexpired term of
Shelton Berry on the Lubbock Health Facilities Development
Corporation Board. Motion carried: 7 Yeas; 0 Nays.
86-45-23-40
(42.) Consider two appointments to the Health Board. The terms of
Jean Arnett and Dr. Armando Duran will expire February 21, 1986.
Motion was made by Councilwoman Baker, seconded by Councilman
Patterson reappointing Jean Arnett and appointing Dr. Diego
Rivera to the Lubbock Health Board. Motion carried: 7 Yeas; 0
Nays.
86-45-23-41
(43.) Consider four appointments to the Zoning Board of Adjustment.
The terms of Bill Maloy, Alice Higgins, Sally Kersey, and Michael
Gatewood will expire February 26, 1986.
Motion was made by Councilwoman Baker, seconded by Councilman
Patterson reappointing Bill Maloy, Sally Kersey, and Michael
Gatewood, and appointing Dr. Sam Spikes to the Zoning Board of
Adjustment. Motion carried: 7 Yeas; 0 Nays.
86-45-23-42
(44.) Consider two appointments to the Board of Managers of the Lubbock
Emergency Communications District.
Motion was made by Councilwoman Baker, seconded by Councilman
Patterson appointing Mayor Alan Henry and Bill Payne to the Board
of Managers of the Lubbock Emergency Communications District.
Motion carried: 7 Yeas; 0 Nays.
86-45-23-43
(45.) Consider two appointments to the Plumbing and Mechanical Board.
Motion was made by Councilwoman Baker, seconded by Councilman
Patterson, appointing Roger Battestoni and Bert Maze to the
Plumbing and Mechanical Board. Motion carried: 7 Yeas; 0
Nays.
24 January 9, 1986
There being no further business to come before the City Council, Mayor Henry
adjourned the meeting at 11:20 a.m.
DGAn Arvin ADDDnvGn TUTC 9IDn nAV (W .IAMIIADV 1Q.QA
THE STATE OF TEXAS
COUNTY OF LUBBOCK `
Before me Dorothy Russe I 1 01
personally appeared w i l y u i
pers Corporation, publishers of the Lubbo 1
being by me duly sworn did depose and says
than fifty-two weeks prior to the first ins(,,,,,I!
No. 7y
ed copy of the Legal Notice a
Avalanche -Journal n �h following date :
290 Words 3t Per wor�
W
t
Account Manager
LUBBOCK AVALANCHE -JOURNAL rt
Southwestern Newspapers Corporation
w
Subscribed and sworn to before me this 16.,
M2320—R81
.J for Lubbock County, Texas on this day
of the Southwestern Newspa-
- Morning, Evening and Sunday, who
as been published continuously for more
Legal Notice
ck County, Texas and the attached print-
or� .aall and was printed in the Lubbock
19 85
22 January 9, 1986
(17.) An Ordinance #8880 amending Chapter 29 of the Code of Ordi-
nance, City of Lubbock, entitled Zoning, by requiring a
Specific Use Zone Change for Massage Parlors in the C-2, C-3
C-4, M-1, or M-2 Zoning Districts and subject to certain
minimum conditions; provi ing a penalty; providing a savings
clause and providinq for publication.
ORDINANCE #8880
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF
LUBBOCK, ENTITLED "ZONING", BY REQUIRING A SPECIFIC USE ZONE CHANGE FOR
MASSAGE ESTABLISHMENTS IN THE "C-3,n "C-4,11, "M-lx OR »M-211 ZONING DIS-
TRICTS AND SUBJECT TO CERTAIN MINIMUM CONDITIONS: PROVIDING FOR A DEFINI-
TION OF "MASSAGE ESTABLISHMENT:" PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Because of a recent change in State Law, the City Att0rney/S
Office requested that this ordinance be continued until the
next City C0UOC1l meeting.
85-45-22-37
/18~\ An Ordinance amending Chapter 29 of the Code f Ordinances,
City of Lubbock, entitled Zoning, by requiring a Specific Use
Zone Change for Adult Entertainment Establishments or enter -
subject to certain minimum onditions; providing a penalty;
providing a savings clause and providing for publication.
ORDINANCE #888I
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF
LUBBOCK, ENTITLED "ZONING", BY REQUIRING A SPECIFIC USE ZONE CHANGE FOR ADULT
ENTERTAINMENT E5TABLI3HMEN3 OR ENTERPRISES, IN THE "C-3,11 "C-4,11, oM-l" OR
xM-2x ZONING DISTRICTS AND SUBJECT TO CERTAIN MINIMUM CONDITIONS: PROVIDING A
PENALTY^, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Jim Bertram stated that this Ordinance was drafted by our
Legal Department after the passage Of new enabling legislation
relating to Adult Entertainment Establishments. The only part
of the Ordinance that Zoning handled was an Amendment to the
Zoning Ordinance to allow these establishments in all commer-
cial Z00eS Yid Specific Use Permits. This makes all refer-
ences to any type adult establishments uniform throughout the
Zoning Ordinance. When the Planning Commission approved the
recommended change, they added d 200/ separation ClDV38 from
any residentially zoned property which is consistent with the
separation clause for massage parlors.
No one appeared either for or against this item.
Motion was made by Mayor Pro Tem Carpenter, seconded by
Councilwoman Baker passing on first reading Ordinance #8881
stipulating that references to locations on massage parlors in
C-2 zoning districts be deleted. Motion carried: 7 Yeas; O
Nays.
86-45-22-38
/14°\ ORDINANCE #8882, amending Chapter
ORDINANCE #8882