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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/23/198625 REGULAR CITY COUNCIL MEETING MINUTES January 23, 1986 The City Council of the City of Lubbock, Texas met in regular session on the 23rd day of January, 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. 86-45-25-44 ( 1.) The Invocation was given by Councilman E. Jack Brown. 86-45-25-45 ( 2.) The Pledge of Allegiance to the Flag was given in unison by those in the Council Chambers. 86-45-25-46 ( 3.) PROCLAMATIONS "AMBUCS Month" February, 1986 "Bust MS Month" February, 1986 "Children's Dental Health Month" February, 1986 "Marriage Enrichment Week" February, 1986 86-45-25-47 ( 4.) Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Carpenter to approve the Minutes of the January 9, 1986 Regular City Council meeting as corrected. Motion carried: 7 Yeas; 0 Nays. ( 5.) Fran Scott will appear on behalf of the Lubbock Cultural Affairs Council to present the following items: A. Consider recommendations for awarding of art grants for the second grant period of 1985. Fran Scott, representing the Lubbock Cultural Affairs Council, reported to City Council that on January 10, 1985, the City Council approved an Agreement with the Cultural Affairs Council for $85,241 for the encouragement, promotion, and improvement of all forms of art in the community. The $85,241 is one-half cent of the Hotel/Motel Tax collected during the fiscal year that ended September 30, 1984. The Agreement provides that a Review Committee of the Cultural Affairs Council will receive and evaluate applications for grants and make recommendations to the City Council for the awarding of these grants. On July 11, 1985, the Council approved recommenda- tions of the Cultural Affairs Council for $54,002.50 in grants for the first half of 1985. Ms. Scott requested that City Council consider $32,943.50 in grant awards for the second grant period of 1985. The $32,943,50 in grant awards recommended, plus the $54,002.50 in grants approved last July, equals $86,946, or $1,705 more than the total of $85,241 provided to the Cultural Affairs Council. This difference will be financed by funds unspent and carried over from prior years. 26 January 23, 1986 See Agreement in Files Council considered a listing of the recommendations of the Cultural Affairs Council Review Committee. Motion was made by C0VOCilw00aO Baker, S8C0Uded by Councilwoman Tr '0 accepting recommendations Of the Lubbock Cultural Affairs Council for art grants for the second grant period Of 1985. Motion carried: 7 Yeas; O Nays. B. Presentation Of check for interest earnings to the _E12-ty of Lubbock. MS. Scott stated that the 1985 Agreement with the Cultural Affairs Council provided for 5% Of the total funding ($4,262^05) by the City to be put into an operating dcCoUOC and used for administrative costs. All other funds received by the Cultural Affairs Council were required to be placed in an interest -bearing account pending dispersal to grantees, and all the interest earned would be rebated to the City. A check for $4,619.44 was presented which represents the interest earned in 1985. Motion was made by Councilman Nash, seconded by Mayor Pro Tem Carpenter authorizing acceptance of D check in the amount of $4,619°44 from the Cultural Affairs C0UOCil° Motion Carried: 7 Yeas; O Nays. C. Consider Resolution auth i ihsign an Agreement with the Lubbock Cultural Affairs Council for an Arts Grant Program for 1986. RESOLUTION #2224 RESOLUTION #2224 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 OO behalf Of the City of Lubbock an Agreement by and between the City of Lubbock and the Lubbock Cultural Affairs Council, 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 J part Of this Resolu- tion as fully copied herein in detail. Passed by the City Council this 23rd dayof January, 1986. Alan Henry ALAN HENRY, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Jim Weston Jim Weston, Director of Community Facilities /s/ Michele Hart Michele Hart, Assistant City Attorney Ms. Scott reported that for each of the past seven years, the City Council has approved an Agreement with the Lubbock Cultural Affairs Council for the encouragement, promotion, and improvement of all forms Of art in the CO00uOiLy. The $85,241 mentioned in Item (a) above was that amount col- lected from one-half cent of the SeV2M-C8Dt Hotel/ Motel Tax during the fiscal year ending September 30, 1984~ The Agreement provided that a Review Committee of the Cultural Affairs Council would January 23, 1986 27 receive and evaluate applications, make recommenda- tions to the City Council, and provide 5% of total funding to be used to offset administrative costs. The Cultural Affairs Council recommends that a new Agreement be approved so that this program may continue through 1986. The wording of the proposed 1986 Agreement is identical to the 1985 Agreement, except for the amounts of money. The 1986 Agreement provides for $93,108.99 to be paid to the Cultural Affairs Council in three equal installments. The difference is the increase in Hotel/Motel Taxes collected during Fiscal Year 1984-85 over the previous year. The provisions in the Guidelines and Attachments to the Agreement (Exhibit A) are essentially unchanged from the prior year. The Application has been re -arranged to obtain better information from the applicants, but the substance of the documents remains the same as the previous year. Motion was made by Councilwoman Baker, seconded by Councilman Patterson authorizing Resolution #2224 as recommended by the Cultural Affairs Council. Motion carried: 7 Yeas; 0 Nays. 86-45-27-49 ( 6.) John Wilkerson, Chairman of the Board of City Develop- ment, will appear to request Council approval of a See Contract in Files Resolution authorizing the Mayor to execute a Contract between the Chamber of Commerce and the Board of City Development. RESOLUTION #2225 RESOLUTION #2225 WHEREAS, the Board of City Development has executed a contract for services to be provided by the Lubbock Chamber of Commerce; and WHEREAS, such contract has been forwarded to the City Council of the City of Lubbock for approval; and WHEREAS, the City Council of the City of Lubbock is of the opinion that such contract will be in the best interest of the citizens of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor BE and is hereby authorized and directed to indicate the City Council's approval of such contract by signing said contract on behalf of the City of Lubbock. Passed by the City Council this 23rd day of January, 1986. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney John Wilkerson, Chairman of the Board of City Development reported that for some time, negotiating teams from the newly created Board of City Development and the Chamber of Commerce had been developing a new Agreement. The BCD acted affirmatively on the proposed Contract at its meeting on Friday, January 17, and the Chamber Board approved the Agreement on Tuesday, January 21. 28 January 23, 1986 Mr. Wilkerson stated that although the two bodies had reached an Agreement, formal approval by the City Council was required. Mr. Dan Howard, representative of the Chamber Board, appeared to report to Council that the CHamber Board had given full support to this Agreement and requested that City Council formally approve same. Motion was made by Councilman Brown, seconded by Councilman Patterson authorizing Resolution #2225 as recommended by the Board of City Development and the Lubbock Chamber of Commerce Board. Motion carried: 7 Yeas; 0 Nays. After the vote, Mayor Henry, John Wilkerson and Dan Howard participated in a formal signing of the Agreement. 86-45-28-50 ( 7.) Jake Webb will appear to present a request for rate adjustment of Southwestern Public Service Company and appropriate action by Council on same. Jake Webb, representing Southwestern Public Service Company, presented to Council a request for rate adjust- ment for Lubbock. He reported that all cities served by SPS are under this rate structure except for Floydada and Lubbock, and that it is not a major rate change. Mr. Webb went on to say that the PUC has agreed to the rate adjustment, but has not taken formal action on it. Also requested is that the rate adjustment be enacted on or after February 15. Motion was made by Councilman Nash, seconded by Council- man Brown acknowledging receipt of the rate request. Motion carried: 7 Yeas; 0 Nays. 86-45-28-51 ( 8.) Ed Breihan, Chairman of the Electric Utilities Board will appear to report on Study of Rate Request of Southwestern Public Service Company. 0. P. Harlan, representing the Electric Utilities Board, appeared to report to Council that the Board is studying the SPS rate adjustment request and will make a recommendation to Council at the first meeting in February regarding adjustment of LP&L rates. He stated that the Board plans to recommend continuation of all discounts. AKIEW41m ( 9.) ORDINANCE #8873--Changing Public Liability Insurance requirements on 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 BY CHANGING THE MINIMUM AMOUNTS OF LIABILITY AND PROPERTY INSURANCE REQUIRED, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Carpenter passing on second and final reading Ordinance #8873, as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 86-45-28-53 (10.) ORDINANCE #8874--Amending Code of Ordinances regarding Adult Entertainment Estab ishments. January 23, 1986 m ORDINANCE #8874 ORDINANCE NO. 8874 AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED LICENSES AND BUSINESS REGULATIONS, BY ADDING ARTICLE IX, PROVIDING FOR THE REGULATING OF ADULT ENTERTAINMENT ESTABLISHMENTS AND ENTERPRISES AND PROVIDING THAT A PERMIT FEE BE REQUIRED FOR SUCH ESTABLISHMENTS AND ENTERPRISES AND PROVIDING A PURPOSE AND INTENT FOR SUCH ORDINANCE AND REQUIRING THAT ALL APPLICANTS FOR SUCH A PERMIT COMPLETE AN ALL INCLUSIVE APPLICATION AND PROVIDING THE REGULATING OF USE OF PREMISES OF SUCH ESTABLISH- MENTS AND ENTERPRISES AND PROVIDING FOR GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION OF SUCH PERMIT AND PROVIDING FOR PROCEDURES TO APPEAL SUCH DENIAL, SUSPENSION OR REVOCATION AND REQUIRING THAT RECORDS BE KEPT AND PROVIDING THAT VIOLATION OF ANY PROVISION OF THIS ORDINANCE SHALL BE DEEMED A MISDEMEANOR; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. After this Ordinance was passed on first reading, some discussion was held regarding placing a further require- ment that the permit number be printed on written adver- tisement used for these establishments. The City Attorney's Office has provided a section (C) in Section 14-243 to set out this requirement. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Carpenter passing on second and final reading Ordinance #8874, as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 86-45-29-54 (11.) ORDINANCE #8875--ZONE CASE #2549--(320 North Loop 289)--Re uest of Harold Pharr for change of zoning from C-4 to C-4 Specific Use Vacation Travel Trailer Park on Lots 1 and 9 - 17, Block 1, and all of Block 2; and Lots 1 and 17, Block 3, Riverlawn Addition. 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. 86-45-29-55 (12.) ORDINANCE #8876--ZONE CASE #2522-A--(4th Street and Venita Avenue) --Request of Jack Kastman for change of zoning from C-2 and R-1 Specific Use to C-3 Specific Use on Lots 1, 2, 3, and 61, Frenship Estates Addition. 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. 86-45-29-56 (13.) ORDINANCE #8877--ZONE CASE #2269-H--(4301 82nd Street) - Request of G. Randall Andrews to amend a Site Plan on Tract G, Kings Gate Addition. 30 January 23, 1986 ORDINANCE #8877 ORDINANCE NO. 8877 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. 2269-H; TO AMEND THE SITE PLAN OF TRACT G, KING'S GATE ADDITION TO THE 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. (14.) ORDINANCE #8878--ZONE CASE 2550--(19th and Alcove) - Request of David R. Goyette for J.R. Austin for a change of zoning from R-1 to C-4 on a tract of land out of Section 2, Block D-6. 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. 86-45-30-58 (15.) ORDINANCE #8881--Requiring C-3, C-4, M-1, and M-2 Specific Use for Adult Entertainment Establishments. ORDINANCE #8881 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," 11C-4," "M-1" OR "M-2" ZONING DISTRICTS AND SUBJECT TO CERTAIN MINIMUM CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 86-45-30-59 (16.) ORDINANCE #8882--Defining comparable use and providing controls upon signs in extraterritorial jurisdiction. ORDINANCE #8882 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. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Carpenter passing on second and final reading Ordinance #'s 8875, 8876, 8877, 8878, 8881, and 8882 as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. January 23, 1986 31 M2320- R93; THE STATE OF TEXAS COUNTY OF LUBBOCK "rreex a Before me D o r o t h y Russell a Notary Public in and f � t ���� ��� �..� � a���n this day personally appeared Twi I a Auf i I I + Account Manager pug �� Newspa- - e� day, who pers Corporation, publishers of the Lubbock Avalanche .Journals � being by me duly sworn did depose and say that said newspaper has �k rra$ ¢ for more than fifty-two weeks prior to the first insertion of this r�, e� 716872 �n a �hed print- N�>. at Lubbock e ed copy of the Lega I Notice is a true copy of the or oa a , to ern a e Lubbock January n u a r y Avalanche -.Journal on the following dates: w0 mernehs eri� 556 Words C 38t Per word = $211.28 Account Manage LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 14 day of January FORM 58-10 86-45-31-60 (20.) ZONE CASE #1811-B--(3311 83rd Street) --Hold a Public Hearing on request of Randy C. Bullard for change of zoning from C-2 to C-2 Specific Use Veterinary Clinic on the west 40 of Lot 16, Iris Gardens Addition, and consider Ordinance. Mayor Henry announced that action on this item was being held at the request of the proponent. 86-45-31-61 (17.) ORDINANCE #8883--ZONE CASE #2536-A-(7800 34th Street) - Hold a Public Hearing on continued request of David Battey for Wallace Houchin, et. al. for change of zoning from T to M-1 on a tract of land out of Section 42, Block A-K, and consider Ordinance. ORDINANCE #8883 ORDINANCE NO. 8883 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. 2536-A; 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 42, BLOCK A-K, 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. David Battey appeared on behalf of Wallace Houchin, et. al, to speak in favor of this request. Jim Bertram, Assistant City Manager, stated that that this case was filed on a speculative basis for open M-1 zoning, and had previously been part of the overall "Carlisle annexation" zone case, but the land owners requested that this particular parcel be dropped out of that case in order that they might file their own case. The adjacent land use relationships are as follows: 32 January 23, 1986 North - Vacant R-1 zoning South - Vacant R-1 zoning within policy commercial area East - Existing M-1 land use West - Vacant R-1 zoning in policy commercial area Mr. Bertram said that this request is not consistent with the recently approved Land Use Plan for the newly annexed West Lubbock area. During the Planning Commission hearings to adopt the Land Use Plan, the Commission ruled that commercial development would be more appropriate at the nodes of this intersection than a continuation of the approved industrial corridor that is shown on the land use map. The Plan that was upheld by the City Council indicates that although the industrial influence will be substantial, the less intense commercial land uses should be the development trend around the intersection. This idea is in keeping with the existing policies that are contained in the 1975 Plan. However, because of the existing industrial influence, the Staff did support C-4 zoning at this intersection in keeping with the character of the adjacent land uses. The Commission reaffirmed their previously approved Plan and denied the M-1 zoning but granted C-4 zoning with the following conditions: 1. That the zoning be C-4. 2. That a Site Plan, including building eleva- tions, showing materials, color, and texture, shall be submitted and approved by the Planning Commission on the entire tract under this Ordinance prior to the issuance of a Building Permit. The Staff recommended that the City Council uphold the Planning Commission. No one appeared in opposition to this request. Motion was made by Councilman Patterson, seconded by Councilwoman Baker passing on first reading Ordinance #8883, subject to conditions, as recommended by the Planning and Zoning Commission and City Staff. Motion carried: 7 Yeas; 0 Nays. 86-45-32-62 (18.) ORDINANCE #8884--ZONE CASE #1893-K--(6000 4th Street) - Hold a Public Hearing on request of Ken Flagg for Kilgore Properties, Ltd. for change of zoning from A-1 to C-3 and GO on a tract of land out of Section 2, Block J-S, and consider Ordinance. ORDINANCE #8884 INS20112M 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. 1893-K; A CHANGE OF ZONING FROM A-1 TO C-3 AND "GO" 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 J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 29-31(a) OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ken Flagg, representing Kilgore Properties, Ltd., presented this request for Garden Offices (GO) and C-3 commercial zoning, and spoke in favor of it. Jim Bertram, Assistant City Manager, reported to Council that the adjacent land use relationships are as follows: North - Vacant C-2A zoning South - Existing single-family development East - Vacant C-3 zoning West - Vacant A-1 zoning January 23, 1986 33 Mr. Bertram went on to say that the location and selec- tion of the GO zoning district are consistent with the definition of the new GO district. The proposed profes- sional office land use is also consistent with the creation of the GO district, which is to allow an alternative buffer from the high -density apartments that previously fulfilled the buffer role. The applicants propose to replace an area that was previously zoned A-1 for over 200 apartment units, at a density of 1:2000, with professional offices that would generate less traffic, but will still be consistent as a buffer. Even with the change, the remaining apartment zoning will still accommodate in excess of 150 apartment units at a density of 1:2000. A comparison of traffic factors shows that the 200+ apartments that could be built on this tract would generate approximately 1,440 average daily trips as compared to 500 to 800 average daily trips for professional offices. The range of average daily trips for the professional offices is based on an assumption of a minimum of 1,000 square feet of gross leasable area for each of approximately 8 units that this site might accommodate. The 1.4 acres of additional C-3 zoning is rather in- significant in so far as the GO zoning is concerned. The C-3 zoning in this case will be replatted into a much larger commercial area immediately adjacent to the east. No one appeared in opposition to this request. The Planning Commission approved the case and the Staff recommended that the City Council uphold the Commission. Motion was made by Councilman Nash, seconded by Mayor Pro Tem Carpenter, passing on first reading Ordinance #8884, as recommended by the Planning and Zoning Commission and City Staff. Motion carried: 7 Yeas; 0 Nays. 86-45-33-63 (19.) ORDINANCE #8885--ZONE CASE #1920-A--(57th Street and Aberdeen Avenue) --Hold a Public Hearing on request of John D. Abney for 57th and Aberdeen Joint Venture for change of zoning from R-1 to C-2 on a tract of land out of Section 28, Block E-2, and consider Ordinance. ORDINANCE #8885 ORDINANCE NO. 8885 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. 1920-A; A CHANGE OF ZONING FROM R-1 TO C-2 UNDER PROVISIONS OF SECTION 29-29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ON A TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, 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. John Abney, representing the 57th and Aberdeen Joint Venture, presented this request for a small retail development, and spoke in favor of it. Assistant City Manager Jim Bertram said that the adjacent land use relationships are as follows: North - Playa lake South - South Plains Mall East - C-2 retail shopping center West - Playa lake and city park Mr. Bertram said this request is consistent with City Plan Policies and Land Use Plan, is an appropriate land use, and is also consistent with adjacent land uses. One critical issue that the Staff raised because of the severe cut and fill necessary on this tract is whether or 34 January 23, 1986 not all or some of the "required" parking would be under the high water mark. A preliminary Site Plan indicated that the parking would all be above high water. The proponent requested several variances from develop- ment standards in the C-2 district by virtue of his preliminary Site Plan, but it was the Staff's position that because of the engineering difficulties that would be encountered on this site, those questions should be deferred to a later meeting. The Commission agreed and approved the zoning as open C-2 zoning with the following conditions: 1. That the zoning be C-2. 2. That a Site Plan including building elevations showing materials, color, and texture, shall be submitted and approved by the Planning and Zoning Commission on the entire tract under this Zoning Ordinance prior to the issuance of a building permit. No one appeared in opposition to the request. The Staff recommended that the City Council uphold the Planning Commission. Motion was made by Mayor Pro Tem Carpenter, seconded by Councilwoman Trejo passing on first reading Ordinance #8885, subject to conditions, as recommended by the Planning and Zoning Commission and City Staff. Motion carried: 7 Yeas; 0 Nays. 86-45-34-64 (21.) ORDINANCE #8886--ZONE CASE #2553--(75th Street and Alban, Avenue) --Hold a Public Hearing on request of Henry L. Huneke for change of zoning from A-1 to GO on Tract B-2, Farrar Estates Addition, and consider Ordinance. ORDINANCE #8886 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. 2553; A CHANGE OF ZONING FROM A-1 TO "GO" UNDER PROVISIONS OF SECTION 29-29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ON TRACT B-2, FARRAR ESTATES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 29-31(a) OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Henry Huneke presented this request for is for Garden Offices (GO), and spoke favoring it. Jim Bertram advised Council that this should be consi- dered as an extension of a previous GO case immediately to the east and could have been filed with that previous case except that the land at that time was not under contract. The land sale has been completed now and Staff recommends going forward with the rest of this case. The request represents the correct location and use of the new GO district and is consistent with adjacent land uses. The adjacent land uses are as follows: North - Existing apartments South - School and city park East - Vacant GO district and existing apartment complex West - School and existing apartments Mr. Bertram explained further that approval of this case would convert a tract that would accommodate an additio- nal forty or more apartments at the existing density, with 2 or 3 professional office sites. The forty or so apartment units would generate approximately 200 average daily trips versus a range of from 80 to 100 average 35 daily trips for 3 or 4 professional Office sites. The range of 80 to 100 average daily trips is based OO the dSsV0otiOO of at least I^000 square feet gross leasable area for each of 4 professional office sites. No one appeared to speak in opposition to this request. The Planning C000jS5iOO approved the Case and the Staff recommended that the City Council uphold the Planning Commission. Motion was made by Councilman Brown, seconded by Councilwoman Baker passing on first reading Ordinance #8886 as recommended by the Planning and Zoning Commission and City Staff. Motion carried: 7 Yeas; 0 Nays. 80-45-35-65 (22~) ORDINANCE #8887--ZONE CASE #1895-A--(southeast corner of Loop 289 and Quaker Avenue) --Hold a Public Hearing on request of John C. Tatum (f5"r -Central Lubbock Associates Ltd.) for a chang�_of �zonlng from C-2 Specific Use to C- on a tract of land out of Sections 10 and 11, Block E-2, and consider Ordinance. ORDINANCE NO. 8887 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7884 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. I895-A^' A CHANGE OF ZONING FROM C-2 SPECIFIC USE TO C~2 UNDER PROVISIONS OF SECTION 29-29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ON A TRACT OF LAND OUT OF SECTIONS IO AND ll, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 29-3I/a\ OF THE ZONING ORDINANCE; PROVIDING 8 SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. John C. Tatum, for Central Lubbock Associates, Ltd., appeared to present this request to delete specific use zoning in favor of 0p8D [-2 Zoning in order to add a restaurant to the current development proposal. Jim Bertram stated that the current Z0DiDg is C-2 Specific Use which is tied to a Site Plan showing a bank and office tower, a separate free-standing motor bank, and one non -specified free-standing building pad. The adjacent land use relationships are as follows: North - Loop 289 South - Vacant C~2A zoning limited to professional offices East - Vacant open C-2 zoning West - Existing retail center across Quaker Avenue Prior to the current specific Use ZVnjDg OD this tract, it was zoned open C-2 in July of 1973. The Current zoning resulted from d much larger z0D2 cdS8 that included d controversial mall between the Loop and 82nd Street from Quaker Avenue to Memphis Avenue. SO for as the definition of the C-2 district is concerned and the land uses that are contained in that district, there is no reason why this corner tract should not be zoned for the full range Of uses, especially in light of the various land use commitments that were made on the entire Site plan for the previous zone case. The proponent in this case told the Staff that an entirely new Site Plan will be forthcoming for the area, and it will do away with the mall and bring on line a more appropriate land use relationship for all the dd'dc2Pt land uses. The Planning Commission agreed that the corner tract should be re -zoned and approved the case SVhf8Ct to the following conditions: 1. That the zoning be open C-2 zoning. 36 January 23, 1986 86-45-36-66 (23.) 2. That a Site Plan including building elevations, showing materials, color, and texture shall be submitted and approved by the Planning Com- mission on the entire tract under this zoning ordinance prior to the issuance of a building permit. No one appeared in opposition to this request. The Staff recommended that the City Council uphold the Planning Commission. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Carpenter, passing on first reading Ordinance #8887, with conditions, as recommended by City Staff and the Planning and Zoning Commission. Motion carried: 7 Yeas; 0 Nays. Consider continued request for Ordinance re Specific Use Zone Change for Massage Establ the C-3, C-4, M-1 or M-2 Zoning Districts. ORDINANCE #8880 ORDINANCE NO. 8880 ui ri ng shments in 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," "C-4,11, 11M-1" or "M-2" 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. Jim Bertram reported that the following changes were made to the Massage Parlor Zoning Ordinance which was contin- ued from the last City Council meeting: 1. The C-2 zone district was deleted. 2 It is now called "massage establishment" to match the language of the State statute. 3. References to the State statute on licensing were included. 4. "Massage establishment" is defined as in the State statute. 5. Subsection "d", forbidding alcohol sales was added as part of the specific use conditions. This is Section 14-199 repeated. Mr. Bertram said that after careful review by the City Attorney's office, this is the only provision of Chapter 14's business license which could legitimately be construed as a zoning requirement, which is all Art. 4512k permits. Mayor Pro Tem Carpenter requested that the City Attorney's Office contact the Attorney General for an Opinion regarding local control. Mayor Henry asked Staff if this was the strongest possible ordinance Council could pass at that time. Laura Monroe, Assistant City Attorney, replied that it was. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo passing on first reading Ordinance #8887, with conditions, as recommended by the Planning and Zoning Commission and the City Staff. Motion carried: 7 Yeas; 0 Nays. January 23, 1986 37 M2320-R92 THE STATE OF TEXAS COUNTY OF Lt.1BBOCK Before me Do r o t h y R u s s e l l a Notary Public in and for Lubbock Coun personally appeared TwiIa AufiI 1 9 Account Manager of the S pers Corporation. publishers of the Lubbock Avalanche -.Journal — Morning. Eveni being by me duly sworn did depose and say that said newspaper has been published c than fifty-two weeks prior to the first insertion of this Legal Notice No 716873 at Lubbock County. Texas a ed copy of the Le sit I Notice is a true copy of the original and was p Avalanche -.Journal on the following dates: January 89 1986 130rn WwAe Ia JAI nor WnrA = tR-A-An Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 1-4— day of Janua ry . 19_R6_ Itc* FORM 58-10 D0,Notary public In My Commissi 86-45-37-67 (24.) Consider Ordinance #8888 providing for definition of restaurant , restaurant kitchen facilities", and restaurants with mixed alcoholic beverage sales as an incidental use"; and providing for a Zoning Certificate. ORDINANCE #8888 ORDINANCE NO. 8888 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ENTITLED "ZONING", BY AMENDING SECTION 29-3 TO PROVIDE FOR A DEFINITION OF "RESTAURANT", "RESTAURANT KITCHEN FACILITIES" AND "RESTAU- RANTS WITH MIXED ALCOHOLIC BEVERAGE SALES AS AN INCIDENTAL USE"; REPEALING SECTIONS 29-16(d)(1), 29-17(d)(1), 29-18(d)(1) AND 29-23.1(d)(1) WHICH PROVIDES FOR A DANCE FLOOR AS A CONDITIONAL USE IN THE "C-2A", "C-211, "C-3" AND "IHO" ZONE DISTRICTS; AMENDING SECTION 29-28(f)(2) BY PROVIDING A NEW SPECIAL EXCEPTION ALLOWING DANCE FLOORS TO BE LOCATED IN RESTAURANTS IN "CA", 11C-2A11, "C-211, "C-311, "IHO", "IHC" OR "IHI" ZONE DISTRICTS, NOT TO EXCEED 400 SQUARE FEET; BY AMENDING SECTION 29-30(b)(3) PROVIDING FOR A REQUIREMENT OF A ZONING CERTIFICATE FOR ALL PERSONS, FIRMS AND CORPORATIONS USING OR OCCUPYING A BUILDING AS THE HOLDER OF A MIXED ALCOHOLIC BEVERAGE PERMIT; ESTABLISHING FEES FOR SUCH ZONING CERTIFICATE; AUTHORIZING THE ZONING ADMINISTRATOR TO ENFORCE THE PROVISIONS OF ZONING CERTIFICATES IN ACCORD WITH SECTION 29-30(b)(5) OF THE ZONING ORDINANCE; PROVIDING FOR APPEAL OF THE ZONING ADMINISTRATOR'S DECISION TO THE ZONING BOARD OF ADJUSTMENT; PROVIDING A TIME LIMIT FOR APPEAL; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY AND PROVIDING FOR PUBLICATION. Jim Bertram reviewed the history of this issue for Council and stated that since the very beginning of enforcement of alcoholic beverage regulations under the City Zoning Ordinance in the early 1970's, Staff differentiation between restaurants and bars has been made through the requirement for restaurants to have 60% of their business income receipts attributable to the sale of food, and no more than 40% of their income attributable to the sale of alcoholic beverages. Mr. Bertram said that this has proven to be very burden- some in terms of record keeping on our Codes Administra- tion Department, as well as for the businesses involved. Additionally, and because of difficulty of subpoenaing and proving evidence in a court of law, our Legal Department notes difficulty in enforcing this regulation. 38 January 23, 1986 As a result, the Codes Administration Staff and Legal Department recently initiated a study revision of the Code regulating mixed alcoholic beverages. Input was solicited from the Restaurant Association, as well as representatives of bars and nightclubs. The resulting efforts are an Ordinance which attempts to streamline the process and make it more enforceable. By redefining restaurant, the need for the 60/40 regulations and the required audits is removed. This Ordinance was originally placed on the Planning and Zoning Commission agenda for consideration in their September meeting. The Planning and Zoning Commission tabled the Ordinance and appointed a 3-member Subcommit- tee of the Planning and Zoning Commission to study this matter and present their findings. That Subcommittee visited several establishments and talked to numbers of other people associated with this issue, and on January 2, 1986, presented their recommenda- tion to the Planning and Zoning Commission in another public hearing. The Planning and Zoning Commission recommended the current proposed Ordinance. Some background information and details of the proposed Ordinance are as follows: 1. In terms of the present ordinance, some of the problems as to enforcement are as follows: (a) The present Ordinance allows no discretion for the Zoning Administration to deny an Application for a Zoning Certificate. Section 29-30(b)(3) requires the Zoning Administrator in every case to issue the Zoning Certificate regardless of the findings in a particular case. There isn't another instance in the Code where the Zoning Administrator is not allowed to challenge a use of a premises in such a manner. (b) The present Ordinance is based upon 60% of sales being from food service and then requires the owner of the establishment to report his sales in a quarterly audit. From an enforcement standpoint, the following problems with this type of standard exist: (1) It is a standard subject on a business cycle and a legitimate restaurant may not be able to comply in any given quarter. (2) It allows the operator of the restaurant to determine compliance loosely rather than a Zoning Inspector using objective standards. In all other zoning inspections, the Inspector can visually see and observe a violation or has other means to determine on his own if a violation exists. (3) The existing Ordinance, although referring to kitchen facilities (Sec. 29-3(97)) does not contain a defin- ition of just what kitchen facilities are and hence add to the problems of enforcement. (4) The existing Ordinance states that the adequacy of the kitchen facili- ties (undefined) shall be based upon the seating capacity of the restau- rant and the menu offered. No standards are set forth to make this determination in the Ordinance. January 23, 1986 No (5) Courts are going to be reluctant to enjoin the operation of a business unless the activity is a clear and present danger to the public. 2. The proposed Ordinance defines the following terms: (a) Restaurant - Section 29-3(7) (b) Restaurant Kitchen Facility - Section 3(97.1) (c) Restaurant With Mixed Alcoholic Beverage Sales - Section 29-3(97.2) These terms are defined and standards estab- lished to guide the Zoning Inspector in en- forcement. 3. No independent advertising of mixed alcoholic beverage sales will be allowed. Advertising of such alcoholic beverage sales may only be done in connection with food sales. 4. A dance floor may be located in a restaurant only after receiving a special exception approval from the ZBA and then it cannot exceed 400 square feet. (This space may not be counted in determining the rates of dining space to bar or lounge area within a premises). 5. A Zoning Certificate is required for all premises used for mixed alcoholic beverages sales. 6. A Zoning Certificate can be issued for only one (1) year and is renewable, after inspection. 7. The contents of the Application for the Zoning Certificate are set forth and a fee is estab- lished in accordance with State law. 8. A Zoning Certificate may be renewed upon the original Application on file if the operator or owner files a Sworn Statement setting forth that all information in the original Appli- cation is correct. 9. In all cases where a Zoning Certificate is issued to an operator of a restaurant with mixed alcoholic beverage sales, that person must file a written statement that he has read and understands all the provisions of this Code and intends to operate a restaurant as defined herein. 10. The proposed Ordinance requires a Plan drawn to scale, in the case of a restaurant with mixed alcoholic beverage sales, showing the areas to be used for kitchen facilities, with the square footage allocations set forth upon the Plan. 11. An operator or owner of a restaurant serving mixed alcoholic beverages is free to enlarge or remodel his premises provided he met the conditions set forth in fhisordinance. 12. There will be no recognition of non -conforming use. All uses must meet the new Ordinance. 13. A person operating a restaurant with mixed alcoholic beverage sales must meet the terms and conditions set forth in the proposed Ordinance or the Zoning Administrator may issue an Order requiring the use to cease. The Zoning Administrator may refuse to issue a Zoning Certificate if he finds: (a) The Application is insufficient or incomplete, or (b) That the evidence does not warrant its issuance. 40 January 23, 1986 86-45-40-68 (25.) See Estimate Sheet in Files This decision may be appealed to the ZBA in accordance with Art. 10119, V.A.C.S. 14. The Zoning Administrator shall issue his Order to cease a use where a restaurant with mixed alcoholic beverage sales is not being operated as required by this Ordinance. This is appealable to the ZBA also. 15. If any person, firm or corporation holding a Zoning Certificate fails to comply with the Zoning Code, the Zoning Administrator may issue his Order to cease such use. 16. A Zoning Certificate is not transferrable under this Ordinance. Bill D'Alessandro, representing the Lubbock Restaurant Association, appeared to speak in favor of the Ordinance. Floyd Holder, Attorney for some Lubbock bar and lounge owners, spoke in opposition to the Ordinance on behalf of his clients, citing that some bars look like restaurants, but really are bars. Bob Meyer, owner of the Red Raider and Torches, contended that the Ordinance was too loosely written. The Planning and Zoning Commission recommended this change and Staff recommended that Planning and Zoning Commission be upheld. Motion was made by Councilwoman Baker, seconded by Councilman Patterson passing on first reading Ordinance #8888, with the following stipulation: that wording under Section 2-97.1-b be amended to say "contains a stove and an oven in working order at all times. Motion carried: 5 Yeas; 2 Nays --Mayor Pro Tem Carpenter and Councilwoman Trejo. Consider Resolution #2226 acceptin constructed by Appian Corporation Indiana Avenue intersection). RESOLUTION #2226 RESOLUTION #2226 aving improvements th Street and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT pursuant to a Compromise and Settlement Agreement dated June 14, 1985 and executed by the City of Lubbock and Appian Corpo- ration related to Cause No. 84-507719 styled City of Lubbock vs. Appian Corporation and St. Paul Fire and Marine Insurance Company in the 140th District Court of Lubbock County, Texas, this will certify that the paving improvements (as reconstructed) at the 58th Street and Indiana Avenue intersection have been completed and passed the inspection of the City of Lubbock Engineering Department, and such improvements are hereby accepted for said intersection by the City Council of the City of Lubbock by passage of this Resolution. SECTION 2. THAT this Resolution shall serve as the written statement of the City of Lubbock to Texas Commerce Bank of Lubbock, N.A., that such improvements have been accepted in accordance with the terms of Section 2 of the Escrow Agreement dated June 25, 1985 entered into by and between said Bank and the City of Lubbock as set forth in Section 1 above of this Resolution, and said Bank is herewith requested by the City of Lubbock to disburse to Appian Corporation, whose address is P.O. Box 1110, Hereford, Texas 79045, the sum of $35,000.00 plus any accrued interest on said amount which has accumulated since its deposit in the escrow account established for the use and benefit of said Appian Corporation pursuant to said Escrow Agreement. SECTION 3. THAT this acceptance of paving improvements at the 58th Street and Indiana Avenue intersection by the City of Lubbock covers only said intersection, and does not express or imply acceptance of paving January 23, 1986 41 improvements at any other location under the 1983 Maintenance Repair Program, Contract «C" entered into by and between the City Of Lubbock and said Appian Corporation. SECTION 4. THAT the City Attorney is h8rph» authorized to seek dismissal of the C1ty's lawsuit in Said Cause No. 84-507719, at such time as he deems appropriate for the best interests of the City Of Lubbock in the premises. Passed by the City Council this 23rd day of January, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Jim Bertram Jim Bertram, Assistant City Manager for Development Services 85-45-41-09 Alan Henry ALAN HENRY, MAYOR APPROVED AS TO FORM: Fullingim J. Worth FulliDgim^ Assistant City Attorney This is the acceptance of the concrete intersection reconstructed in accordance with the Compromise and Settlement Agreement dated June 14, 1985 and executed by the City Of Lubbock and Appian Corporation related to Cause No. 84 507719 styled City Of Lubbock vs. Appian Corporation and St. Paul Fire and Marine Insurance Company in the 140th District Court of Lubbock County, Texas. The Resolution further authorizes the Texas C0008rc8 Bank to disperse to Appian Corporation $35,000^ plus accrued interest, in accordance with the Escrow Agreement dated JVOg 25» 1985 entered into by and between said 8dOk and the City of Lubbock. Motion was made by CUUOC1l0aD Nash, seconded by COUOcilN00dD Baker authorizing Resolution #2226 as recommended ' by City Staff. MVt�0� carried: 7 Y���^ O -~ - /20~\ Consider Resolution #2227 accepting Broadway Brick Renovation between Avenues T and U. RESOLUTION #2227 RESOLUTION #2227 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS, AND/OR AVENUES AS LISTED BELOW: WHEREAS, the City of Lubbock heretofore entered into contract with Kerr Construction Company for the making of street improvements OD portions of Streets and/or avenues in said City including among other the following: Broadway Brick Renovation from Avenue "T" to Avenue "U". WHEREAS, the construction of the above improvements on the above - mentioned Street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in aCC07daRCe with terms of said contract, Jobs Bill Funding 068522; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION l. THAT the improvements on said portion of Broadway be, and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the final payment to the contractor in the amount of $1,080.75. 42 January 23, 1986 SECTION 2. THAT this resolution shall take effect and be in force from and after its passage. Passed by the City Council this 23rd day of January, 1986. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, City Engineer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney Motion was made by Councilman Nash, seconded by Councilwoman Baker authorizing Resolution #2227 as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 86-45-42-70 (27.) Consider Resolution #2228 accepting paving improve ments by Kerr Construction Company in Watts -McGee See Final Estimate Sheet Addition, Lots 1-43. in Files RESOLUTION #2228 RESOLUTION #2228 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Watts McGee Addition, Lots 1-43 made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned addition including the following streets: Albany Avenue from its intersection with the south lip line of 19th Street to its intersection with the north lip line of 21st Street known and designated as New Subdivision Sub -Unit Number 08 of Unit Number 2032. 20th Street from its intersection with the east lip line of Albany Avenue to its intersection with a line 302.75 feet east of east lip line of Albany Avenue known and designated as New Subdivision Sub -Unit Number 09 of Unit Number 2032. 21st Street from its intersection with the east properly line of Lot 5 to its intersection with a line 27 feet east of east property line of Lot 14 known and designated as New Subdivision Sub -Unit Number 10 of Unit Number 2032, and WHEREAS, the construction of the above improvements on the above - mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above - mentioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to notify the Developer of Acceptance by the Lubbock City Council. January 23, 1986 43 SECTION 2, THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 23rd day of January, 1986. Alan Henry ALAN HENRY, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Hoffman Larry V. Hoffman, v Engineer APPROVED AS TO FORM: Fullingim J.Wnrth FUlliMgfm, Assistant City Attorney Motion was made by COUOCil0aD Nash, seconded by Councilwoman Baker authorizing Resolution #2228 as r8C000e0d8d by City Staff. Motion carried: 7 Yeas; O Nays. 86-45-43-71 /28^\ Consider Resolution #2224 creating "Lubbock: 2005 Review RESOLUTION #2229 RESOLUTION #2229 WHEREAS, the "LUbb0ch:2005o project commenced March 8, 1984, and has proceeded with the valuable assistance Of many Lubbock citizens to the establishment of d Set of imaginative goals and strategies to guide the action of both public and private groups in assuring quality urban growth for Lubbock through the year 2005; and WHEREAS, the City Council of the City Of Lubbock believes that it would be in the best interest of the citizens to create an advisory com- mittee to monitor and report UpOO the progress being made annually in the attainment Of the "LUbbOCk:2005x goals as an ongoing project; NOW THERE - BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION }^ CREATION: THAT there is hereby Created and established d citizen review panel to monitor progress toward attainment of the goals of the "LUbb0ck'/2005" project and to recommend any Deeded updates to such goals or strategies to the City Council as required, herein referred to as "LubbOCkz2005x Review Committee. SECTION 2, TERM: THAT the initial review panel, appointed in I986, will C0nSjSt of n /15\ members, including the ten /I0\ members of the "LUbb0Ch:2005" Steering C000itt88» Or their 5UCc8SgOrs if unable to serve, and five /5\ persons to be Dd02d by the City Council to the citizen review panel. Terms will be staggered with five (5) members serving terms Of one /l\ year; five /5\ members serving terms of two /2\ years; and five (5) members serving terms of three (3) years. Length of terms shall be deter- mined by the drawing of lots at initial meeting Of the 0ODel^ The City Council Shall appoint five (5) members to the panel annually to replace members whose terms are expiring. All appointments after the initial appointments in I986 shall be for terms Of three /3\ years. SECTION 3" CHAIRMAN: THAT the chairman of the "LUbbUck:2005x Steering Committee shall —serve as ------ the initial chairman for the panel. Thereafter, the membership shall elect d chairman annually. SECTION 4~ REVIEWS: THAT annual progress reviews and recommendations of change shall 158 —completed by the review panel each prior to March I5th and presented to the City Council. 44 January 23, 1986 SECTION 5. PROCEDURES: THAT in reviewing the goals, the citizen review panel should be alert to those goals, objectives and strategies which: 1) are not being addressed; 2) are no longer valid due to changes in conditions; 3) have already been achieved; and 4) should be modified because of current activities or changes in conditions. Based on these evaluations, the citizen review panel may make recommendations to the City Council for additions, deletions or modifications in the goals, objectives and strategies. Suggestions for new strategies or new time frames for existing strategies may be made, in addition to other recommendations. Passed by the City Council on this 23rd day of January, 1986. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Assistant City Manager for Development Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 86-45-44-72 (29.) See Dedication Deed in Files /s/ Alan Henry ALAN HENRY, MAYOR With the adoption of the "Lubbock:2005" goals and strate- gies, the Goals Steering Committee recommended the creation of a Monitoring Committee to review progress on the Goals Program. The proposed Resolution would create a 15-member Committee referred to as the "Lubbock:2005 Review Committee". It will consist of the original Goals Steering Committee plus five other members. Their primary function will be to review goals status each year prior to budget preparation and submit a report to the Council. Motion as made by Mayor Pro Tem Carpenter, seconded by Councilman Brown authorizing Resolution #2229 as recommended by City Staff and the Goals Steering Committee of the Lubbock:2005 Committee. Motion carried: 7 Yeas; 0 Nays. Consider Resolution #2230 authorizing platting of Tract A, Rhoades Acres Addition, and, if approved, authorize Mayor to execute Dedication Deed. RESOLUTION #2230 January 23, 1986 45 RESOLUTION #2230 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 VO behalf of the City of Lubbock d Dedication Deed in connection with the platting by said City of Tract 8, Rhoades Acres Addition to the City of Lubbock, Lubbock County, Texas, 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 d part Of this ReSVlUtfOA as fully copied herein in detail. ~—� Passed by the City Council this 23rd day 0f January, 1986~ Alan Henry AL8N HENRY, MAYOR ATTEST: || RaDette B0yd, C1ty Secretary APPROVED AS TO CONTENT: Nivens Tom Niv�`F"sRight-of-Way Agent APPROVED AS TO FORM: Worth Fullingim J. Worth Fullingim, Assistant City Attorney This item is for the Sanitary Sewer System and is located at 98th Street and Avenue P. A major lift station site is to be built on this city -owned land. Motion was made by Mayor Pro T80 Carpenter, seconded by Councilman Patterson authorizing Resolution #2230 as |�1 recommended by City Staff. MOtfOD carried: 7 Yeas; 0 1| Nays. (30.) Consider Resolution3 h iithe Mayor to execute a Street Use License for encroachment of a RESOLUTION #2231 38e Street Use License in Files 46 January 23, 1986 RESOLUTION #2231 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 Street Use License in favor of H.H. Patton, 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 d part Of this Resolution as fully copied h2r8jO in detail° Passed by the City Council this 23rd day of January, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: T80 NiVeDs, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney 86-45-46-74 /3l~\ 86-45-46-75 (32,) See Letter of Agreement in Files /s/ Alan Henry ALAN HENRY, MAYOR This Resolution authorizes the encroachment of the brick VeD88r 0DtU City right-of-way. The building was built On the property line --later brick veneer was added. The building is being sold by H.A. Lewis to H.H. Patton and the transfer survey found the encroachment, and is located on the southwest corner Of 34th Street and Avenue L. The $150°00 application fee and $250°00 5-year license f89 are in hand. Motion was made by Mayor Pro Tem Carpenter, seconded by Councilman Brown authorizing Resolution #2231 as recommended 0' b« ��tY Staff. MUt�0D carried: � Y��S^ -^ . Nays. Consider ttidate d time for Community Development Block Grant Public Hearing. Motion was made by Councilman Patterson, seconded by Mayor Pro T80 Carpenter setting the Community Development Block Grant Public Hearing for 5:30 p.0^^ February 27, 1986. Motion carried: 7 Yeas; U Nays. Consider Resolution #2232 authorizing thei Letter of Agreement with Freese and Nichols for engineer- ing services to prepare Application for 404 Permit ?-Justiceburq Project). RESOLUTION #2232 January 23, 1986 1521 RESOLUTION #2234 WHEREAS, the City of Lubbock is very interested in improving the economic and industrial base of our community; and WHEREAS, the City Council of the City of Lubbock authorizes the City Manager to submit an application to the Texas Economic Development Commis- sion for certification under the Texas Cities for Economic Development Leadership Program; and WHEREAS, the City of Lubbock has an Economic Development Specialist position to assist businesses with their relocation needs; and WHEREAS, the Economic Development Specialist will represent the City of Lubbock in all efforts to attract new business and industry to the community and act as the City liaison in cooperative efforts with the Board of City Development, Texas Tech University, Westar and others involved with companies considering a move to Lubbock; and WHEREAS, the Economic Development Specialist will also work with the Texas Department of the Texas Economic Development Commission in the event the City is selected to participate in the Texas Certified Economic Leadership Program; and WHEREAS, the City Manager is authorized to expend funds for this certification process; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock diligently pursue designation as a certified city to increase the city's ability to retain our existing businesses and enlarge our economic base. Passed by the City Council this 23rd day of January, 1986. ATTEST: /s/ Ranette Boyd Ranette Boyd,CitySecretary APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald, Director of Electric Utilities /s/ Alan Henry ALAN HENRY, MAYOR /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney This Resolution authorizes the City Manager to submit an Application to the Texas Economic Development Commission for Certification under the Texas Cities for Economic Leadership Program. The Program is co -sponsored by the Texas Municipal League and the Texas Industrial Develop- ment Council and represents an expanded assistance role by the Texas Economic Development Commission for commun- ities that desire to promote and encourage local economic development through the location of new businesses and by the retention and expansion of existing firms. The Texas Cities for Economic Development (TEXCEL) Program is designed for cities willing to make a commitment to improving their communities through an organized effort involving public officials and representatives for the business and financial communities. The Texas Economic Development Commission would like to increase the absolute level of development activity within the State and encourage innovative approaches to local economic development and make Texas cities aware of all the options that are opened to them for economic growth. TEXCEL is open to all incorporated municipalities in Texas. However, for the first year of the Program, a selection of the 25 cities under the Readiness Program will require that each Applicant City demonstrate a minimal past committment to local economic development and that participation will clearly enhance any ongoing development efforts. Cities that feel their existing efforts already satisfy Certification standards may apply for immediate evaluation under the Certification process. The deadline for submitting an Application under the Readiness Program is January 31, 1986. City Staff 1 50 1 J-a,n-u-a,ry 23, 1986 54 January 23, 1986 86-45-54-87 (44.) See copy of Contract in Files Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Carpenter authorizing low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. BID #8848--Carlisle Water Distribution and Fire Protec- tion System, and authorize same (Water Utilities Engine- ering). RESOLUTION #2237 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 construction of the Carlisle water distribution and fire protection system, 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 23rd day of January, 1986. /s/ Alan Henry ALAN HERRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boy , Ci y Secretary APPROVED AS TO CONTENT: /s/ Gene Eads, C.P.11. Gene Eads, Purchasing Manager /s/ Harold Willard Harola Willard, Assistant City Attorney Panhandle Construction Comapny--labormaterials for construction fo Carlisle Water DIstributiona do Fire protection System$ January 23, 1986 9 k" Motion was made by Councilman Patterson, seconded by Mayor Pro Te0 Carpenter authorizing Resolution #2237 and further authorizing low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 86-45-55-88 /45°\ Consider 15 appointments to the "Lubbock 2005 Review This item was held Until the first meeting in February. 86-45-55-89 /46^\ Consider one appointment to the Lubbock Health Board. Dr. Diego Rivera has declined appointment. This item was held until the first meeting in February. Council moved into Executive Session at 11:02 a.m. There being AO further business to come before the City Council, Mayor Henry adjourned the meeting at 1:08 p.m. ATTEST: READ AND APPROVED THIS 13TH DAY OF FEBRUARY, 1986. ATTEST: t oyd, City Secretary