HomeMy WebLinkAboutMinutes - City Council - Regular - 8/28/1986M,
REGULAR CITY COUNCIL MEETING
MINUTES
AUGUST 28, 1986
The City Council of the City of Lubbock, Texas met in regular session on the 28th day of
August, 1986 in the City Council Chambers, first floor, City Hall, 1625 13th Street,
Lubbock, Texas at 9:00 a.m.
Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J. Patterson,
Councilman Gary Phillips, Councilwoman Maggie Trejo, Councilman Bob Nash, Councilman George
Carpenter, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City
Secretary Ranette Boyd.
Mayor McMinn called the meeting to order at 9:00 a.m.
86-45A-384-570
( 1.)
86-45A-384-571
( 2.)
86-45A-384-572
( 3.)
86-45A-384-573
( 4.)
86-45A-384-574
( 5.)
The Invocation was given by J. Robert Massengale, Assistant City Manager.
The Pledge of Allegiance was given in unison by those in the Council
Chambers.
Motion was made by Councilman Carpenter, seconded by Councilman Patterson
to approve the Minutes of the August 14, 1986 Regular City Council meeting
as written. Motion carried: 7 Yeas; 0 Nays
Jack Strong, Chairman of the Charter Stu
recommendations of his committee.
This item was deleted.
Committee to
Del Llano ce
Committee, will
cado will appear on behalf of the Fiestas Del
quest a Loudspeaker Permit in conjunction wit
ration.
Llano
the Fiestas
Ms. Mercado appeared to request a Loudspeaker Permit in conjunction with
the annual Fiestas Del Llano celebration to be held in the southwest
parking lot of the Lubbock Memorial Civic Center on Saturday, September 13,
1986, from 11:00 a.m. to 12:00 midnight; Sunday, September 14, from 11:00
a.m. until 12:00 midnight; Monday, September 15, from 5:00 p.m. until 12:00
midnight; and Tuesday, September 16, from 5:00 p.m. until 12:00 midnight.
Ms. Mercado stated that among activities planned during the four -day
festival are performances by various musical groups, dancers, singers and
several speakers. The area around the Civic Center has business and
professional offices, hotels, and the West Texas Hospital.
Staff stated that Council approval was required because the time of the
activities exceeds that period which would allow the matter to be handled
administratively. The other requirements of proper zoning and a signed
petition have otherwise been met and staff recommended approval of this
request.
Motion was made by Councilman Patterson, seconded by Councilman Nash to
approve issuance of a Loudspeaker Permit to be issued to the Fiestas Del
Llano Committee as recommended by Staff. Motion carried: 7 Yeas; 0 Nays.
86-45A-384-575
( 6.) Kristina Richburg will appear on behalf of Highgate Apartments to request a
Loudspeaker Permit in conjunction with an outside oartv.
Ms. Richburg appeared to request a Loudspeaker Permit in conjunction with
Highgate Apartments Annual Outdoor Party which will be held from 8:00 p.m.
to 12:00 midnight on September 6, 1986. The location of the event will be
at 5610 4th Street in the center of the property and all loudspeakers will
face south towards the Treasure Island Golf Course.
The activities will include a parking lot dance and food and beverage
service. The Health Department and the Texas Alcoholic Beverage Commission
have been contacted and have indicated approval.
In the area there is ample off-street parking and the event is specifically
for the residents of the apartment complex. No residences located in the
direction where the loudspeakers will face with the nearest residences to
the north of the proposed location. Through the petition process, they
have been notified.
Staff requested Council approval in this request due to the location and
386 August 28, 1986
N IIIIG NI MIIG .VGIIV. NG1-1 -IG MM1111111 J VI N V 1 U G I GMN 1 I G 111GIIGJ IINVG NGG11 IIIG N,
Staff recommended approval of this request.
Motion was made by Councilman Nash, seconded by Councilwoman Trejo to
approve issuance of a Loudspeaker Permit to Kristina Richburg on behalf of
Highgate Apartments as recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
86-45A-385-576
( 7.) ORDINANCE #8952 establishing s
I-27 and Quirt Avenue.
ORDINANCE #8952
ORDINANCE NO. 8952
treet between
AN ORDINANCE TO AUTHORIZE THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR
ALL VEHICLES ON THE FOLLOWING STREET IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, TO -WIT: A PORTION OF KENT STREET AS HEREINAFTER DESCRIBED IN THE
BODY OF THIS ORDINANCE; AUTHORIZING THE PLACING OF SPPED LIMIT SIGNS, PRESCRIBING A
PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
PROVIDING THAT STREETS OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED
BY THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA
FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; AND
PROVIDING A SAVINGS CLAUSE.
Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to
pass on second and final reading Ordinance #8952 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
86-45A-385-577
( 8.) ORDINANCE #8953 establishing speed limit of 20 mph on all
any City park.
ORDINANCE #8953
ORDINANCE NO. 8953
)ark roads within
AN ORDINANCE AMENDING THE LUBBOCK CITY CODE TO ADD A NEW SUBSECTION 19-1(8) SO AS TO
MAKE IT UNLAWFUL TO OPERATE OR DRIVE ANY VEHICLE WITHIN ANY CITY PARK AT A SPEED GREATER
THAN TWENTY (20) MILES PER HOUR UPON ANY PARK ROAD; PRESCRIBING A PENALTY; PROVIDING FOR
PUBLICATION HEREOF; SETTING FORTH AN EFFECTIVE DATE OF THIS ORDINANCE; AND AUTHORIZING THE
PLACING OF SPEED LIMIT SIGNS.
Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to
pass on second and final reading Ordinance #8953 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
86-45A-385-578
( 9.) ORDINANCE #8940 abandoning and closing a portion of 56th Street between
Frankford Avenue and West Loop 289.
ORDINANCE #8940
ORDINANCE NO. 8940
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 56TH STREET IN THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE;
DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO REFLECT SAID
ABANDONING AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to
pass on second and final reading Ordinance #8940 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
86-45A-385-579
(10.) ORDINANCE #8951 abandoning and closing three portions of Electric Line
Easements located in Section 15, Block A.
ORDINANCE #8951
August 28, 1986
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ELECTRIC LINE EASEMENT LOCATED IN
SECTION 15, BLOCK A TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL
MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
86-45A-386-580
(11.)
See Quit Claim
in files
Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to
pass on second and final reading Ordinance #8951 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
Consider Resolution #2407
Deed in favor of the Texas
Transportation.
RESOLUTION #2407
artment o
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
to execute a Quit Claim
rs and Public
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 Quit Claim Deed in favor of the Texas
Department of Highways and Public Transportation, 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 28th day of August, 1986.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to
authorize Resolution #2407 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
86-45A-386-581
(12.) Ordinance #8955 amend
reaardina the Board o
Chapter 2, Article XVI of the Code of Ordir
ORDINANCE NO. 8955
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE XVI OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK BY SPECIFICALLY AMENDING SECTION 2-412, SECTION 1, SUBSECTIONS (f), (g), (h), AND
REPEALING SUBSECTION (i) OF SAID CHAPTER; PROVIDING FOR STAFF PERSONNEL FOR THE BOARD OF
CITY DEVELOPMENT AND BY ADDING A NEW SECTION NUMBERED AS SECTION 2-423 OF SAID CHAPTER,
WHICH SECTION ESTABLISHES RELATIONS BETWEEN THE BOARD OF CITY DEVELOPMENT AND
ADMINISTRATIVE DEPARTMENTS OF THE CITY AND PROVIDING A SAVINGS CLAUSE.
Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to
pass on second and final reading Ordinance #8955 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
86-45A-386-582
(13.) ORDINANCE #8956 approving Budget for Fiscal Year
1986-87.
387 August 28, 1986
11;r r :• M.
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 1986-87; APPROVING
REVISED BUDGET FIGURES FOR THE FISCAL 1985-86; PROVIDING FOR NECESSARY TRANSFERS OF FUNDS
BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; AND APPROPRIATING FUNDS FOR THE 1986-87
FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK.
Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to
pass on second and final reading Ordinance #8956 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
86-45A-387-583
(14.) ORDINANCE #8957 establishing the 1986-87 Tax Rate.
ORDINANCE #8957
ORDINANCE NO. 8957
AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO
TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1986 APPORTIONING SAID LEVY AMONG
THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN WHICH SAID
TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES WITHIN THE
TIME PROVIDED.
Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to
pass on second and final reading Ordinance #8957 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
86-45A-387-584
(21.) Consider Resolution #2408 accepting paving improvements constructed_
Commercial Concrete in Myrtle Reid Addition, Tract A and Lots 1-8.
RESOLUTION #2408
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF AN ALLEY AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331,
the subdivider of Myrtie Reid Addition Tract "A" and Lots 1 through 8 made arrangements
with Commercial Concrete for the construction of paving improvements on a portion of an
alley dedicated in said subdivision under the provisions of said Ordinance prior to the
recording of the subdivision plat of Myrtie Reid Addition Tract "A" and Lots 1 through 8
including the following alley:
Alley returns on 74th Place and 76th Street west of University Avenue;
known and designated as new subdivision sub -unit No. 84 of Unit No.
2030, and
WHEREAS, the construction of the above improvements on the above -mentioned alley 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 alley 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.
SECTION 2. THAT this resolution shall take effect and be in force from and after
its passage.
Passed by the City Council this 28th day of August, 1986.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Larry V. Hoffman
Larry V. Hoffman, City Engineer
/s/ John C. Ross, Jr.
John C. Ross, Jr.,
City Attorney
August 28, 1936
Motion was made by Councilwoman Trejo, seconded by Councilman Carpenter to
authorize Resolution #2408 as recommended by City Staff. Motion carried:
7 Yeas; 0 Nays.
86-45A-388-585
(22.) Consider Resolution #2409 accepting paving improvements constructed by
Commercial Concrete in Myrtle Reid Addition, Lots 9-16.
RESOLUTION #2409
RESOLUTION
RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF AN ALLEY AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331,
the subdivider of Myrtie Reid Addition Lots 9 thru 16 made arrangements with Commercial
Concrete for the construction of paving improvements on a portion of an alley dedicated in
said subdivision under the provisions of said Ordinance prior to the recording of the
subdivision plat of Myrtie Reid Addition Lots 9 thru 16 including the following alley:
Alley returns on 76th Street and 78th Street west of University
Avenue; known and designated as new subdivision sub -unit No. 39 of
Unit No. 2031, and
WHEREAS, the construction of the above improvements on the above -mentioned alley 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 alley 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.
SECTION 2. THAT this resolution shall take effect and be in force from and after
its passage.
Passed by the City Council this 28th day of August, 1986.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry V. Hoffman
Larry V. Hoffman, City Engineer
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM
/s/ John C. Ross, Jr.
John C. Ross, Jr.,
City Attorney
Motion was made by Councilman Patterson, seconded by Councilman Phillips
authorizing Resolution #2409 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
86-45A-388-586
(23.) Consider Ordinance #8958 annexing an eight -acre tract adjacent to East 19th
Street and Olive Avenue. The request is from McLane Industries.
ORDINANCE #8958
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, TEXAS, WHICH AREA IS
DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF
LUBBOCK, TEXAS; PROVIDING FOR INCLUSION OF A SERVICE PLAN; PROVIDING FOR CORRECTION OF THE
CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION.
This is the Ordinance regarding the McLane annexation. The Public Hearing
was held on August 14, 1986.
Motion was made by Councilman Carpenter, seconded by Councilman Patterson
to pass on first reading Ordinance #8958. Motion carried: 7 Yeas; 0 Nays.
389 August 28, 1986
86-45A-389-587
(24.) Consider Ordinance
located in Block 1
ORDINANCE #8959
T� ..
ORDINANCE NO. 8959
d closing a portion of a 15' alle
dition.
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 15-FOOT ALLEY LOCATED IN BLOCK 111,
ORIGINAL TOWN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL
MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
Request is made by W. D. Teague for this alley closure which is located
between loth Street and Main Street just west of Avenue A. A preliminary
plat was filed and the $150 application fee was funded. The alley to be
closed (1,765.65') is 15' x 117.71'. The cost to the landowners for the
land will be 1,765.65' x 0.30' or $529. The utility companies are in
agreement with relocation at the expense of the proponent. The plat will
be reviewed by Planning and Zoning on the next scheduled meeting. There
was no opposition to this closure.
Motion was made by Councilman Nash, seconded by Councilwoman Trejo to pass
on first reading Ordinance #8959 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
86-45A-389-588
(25.) Consider Ordinance abandoning and closing a por
�w,;vcrc;+v ha+waan U nd and 54th Streets.
This item was deleted.
86-45A-389-589
(26.) Consider Resolution #2410 authorizing the
See Agreement in Files Use Agreement for portions of I-27.
RESOLUTION #2410
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
1 of the access road to
to execute a Utility Joint -
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 Utility Joint Use Agreement with the
Texas Department of Highways and Public Transportation for joint usage of a portion of the
I-27 right-of-way for both highway and utility purposes, 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 28th day of August, 1986.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Tom Nivens
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
This Agreement is between the City of Lubbock and the Texas Department of
Highways and Public Transportation. Its purpose is to relocate all City
utilities within the new I-27 Right -of -Way. The normal procedure (when a
utility is to cross or go along the highway right-of-way) is to forward a
ramiac+ to the Hiahwav Department for approval, but with this Agreement
AUgoSt 28, 1986 390
utilities can be installed in I-27 Right -of -Wax without further Utility
Crossing Permits.
Motion was made by Councilman Carpenter, seconded by Councilman Patterson
to authorize Resolution #24I0 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
86-45A-390-590
(27') Consider Resolution #2411 authorizi
See Dedication deed dedicating additional right -of
Deed in Files RESOLUTION #2411
RESOLUTION
the Mayor to execute a dedication
v on East 50th Street.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Street Dedication Deed, 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 28th day of August, 1986.
MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
This Resolution authorizes the Mayor to execute a Dedication Deed for an
additional 10/ to 50th Street Right -of -Way. The additional land is from
the City property out of Section 1, Block B and is being used as part of
the Sewer Farm- The other owners agreed to dedicate.
Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker
authorizing Resolution #241I as recommended by Staff. Motion carried: 7
Yeas; U Nays'
86-45A-380-581
(28') Consider Resolution #2412 authorizing the Mayor to execute a Quit Claim
See Quit Claim Deed in favor of T.C. McLain and T.O. Wilkins.
in Files
RESOLUTION #2412
391 August 28^ 1886
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 Quitclaim Deed in favor of T. C. McLain
` and T. O' Wilkins, of Lubbock, 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 a part of this Resolution as if fully copied herein in detail'
Passed by the City Council this 28th day of August, I985-
R
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Tom Nivens, Right -of -Way
Agent
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
ID 1983, the City of Lubbock started negotiating with T.C. McLain and T.O.
Wilkins, joint owners of the property located in Section 4, Block D
(northwest of Mackenzie State Park), for a Utility Easement. At the same
time, they were advised the City intended to purchase their jointly -owned
tract of land for park purposes and were told the City could not appraise
until the Highway Department gave permission to start the process. They
were hesitant about considering granting the Utility Easement - lest the
Easement affect the appraised value of the property.
Negotiations continued into 1984 and the Right -of -Wax Department was then
given permission to start the acquisition process' The appraisal was made
by Bill Noble, M.A.I. Preliminary talks were started with the proponents
for the purchase of the land. The Highway Department called off the
process, saying they had to begin again' By this time, they had a copy of
the proposed Deed to sell and the Easement to grant a Utility Easement. On
August 20, 1885, T.O. Wilkins called and advised they were willing to grant
a Utility Easement.
Both parties signed a document and the Right -of -Way Agent notarized and
filed it in the Deed of Records at the Court House. Only when it was
returned did the Right -of -Way Agent notice it was a Deed. The deed was
held by the Right -of -Way section, thinking they could work out of the
mistake in the process of purchasing the land'
In July 1980, the Right -of -Way Department had the appraisal updated,
applied to the Council for an approved Value and proceeded to negotiate for
the land. When they were advised of the mistake" they stopped all
negotiations until the mistake was corrected.
This action of Council was for a Quit Claim Deed favoring Mr- Wilkins and
Mr. McLain and returning the property to their custody.
Staff recommended approval of this so they can resume the negotiations on
this property.
Motion was made by Councilman Nash, seconded by Councilman Patterson to
� Staff. Motion carried: 7
authorize Resolution #2412 as recommended� � - on C�pr e :
Yeas; O Nays.
88-45A-391-592
(20.) Consider Resolution #2413 authorizing the Mayor to execute a Funding
Aareement and Quit Claim Deed with the Day Care Association of Lubbock.
See Funding Agreement
and Quit Claim in files RESOLUTION #2413
August ?A, 1980 392
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 Funding Agreement and Quitclaim Deed by
and between the City of Lubbock and Day Care Association of Lubbock for funding and
ownership of Day Cara Centers Nos- I, 2 and 4, 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 28th day of August, 1986.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Sandy Ogletree
Sandy Ogletree, Community
Development Administrator
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
In light of the ongoing questions concerning the responsibilities of the
operating expenses, Staff recommended that ownership of five facilities
acquired and/or renovated with COAG funds be transferred to the current
operating agencies.
The Funding Agreement stipulates that the Agency must continue to operate
and maintain the Day Care Centers as they are currently for a five-year
period and if the Agency vacates the structure or changes the use of the
structure before the end of five years, the Agency shall pay the fair
market value of the structure or convey the structure back to the City.
This clause assists in the Citx/s compliance with the CO8G regulations and
the State statute by insuring adequate consideration is received by the
City in the form of services.
The Quit Claim Deed transfers all rights, title and interest in the
properties known as Day Care Center #1, Day Care Canter #2, and Day Care
Center #4 to the Day Care Association of Lubbock' Thane properties are
located at IDI Avenue K, 2714 Erskine, and 130I Vanda, respectively.
The Agreements were considered and approved by the Board of Directors of
the Day Care Association. The Agreements for the Well Baby Clinic and the
Neighborhood House will be presented in September.
Motion was made by Councilman Patterson, seconded by Councilwoman Tr 'o
authorizing Resolution #2413 as recommended by Staff' Motion carried: 7
Yeas; 0 Nays.
85-45A-382-593
/30'\ Consider Resolution #2414 authorizing the Mayor to subm
�38e Amendment the City of Lubbock's 1986-87 Community Developmen
in Files RESOLUTION #2414
n Amendment to
393 August 28, 1986
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 and submit for and on behalf of the City of Lubbock the amended Community
Development Block Grant Application of 1986-87 for the year 1986 and related documents,
attached herewith, which Application 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 28th day of August, 1986.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Sandy Ogletree
Sandy Ogletree, Community
Development Administrator
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
The City has been notified by HUD that the 1986-87 CDBG entitlement will be
increased by $386,000 and this additional allocation will increase the
twelfth year CDBG program from $1,876,000 to $2,262,000.
Staff advised that the most expedient manner to allocate the funds and meet
the federal citizen participation guidelines is to allocate the funds to
projects included in the Proposed Statement of Objectives published
February 17, 1986. Following the allocation of the Amendment, a Notice
will be published which identifies the uses of the Amendment funds.
The following is a summary of the proposed uses of the Amendment funds. A
complete description of the proposed uses is attached.
Lake #6 Road $141,700
Parks --Area Lighting 38,000
Berry Park Improvements 10,323
Code Enforcement 138,977
Residential Rehabilitation 50,000
Community Development Admin. 7,000
$386,000
Motion was made by Councilman Carpenter, seconded by Councilwoman Trejo to
authorize Resolution #2414 as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
86-45A-393-594
(31.) Consider Ordinance #8960 establishing a speed limit of 30 mph on 15th
Street between Avenue Q and University Avenue
ORDINANCE #8960
ORDINANCE NO. 8960
AN ORDINANCE CANCELLING THE 35 M.P.H. SPEED ZONE ON BOTH SIDES OF 15TH STREET FROM
AVENUE Q TO UNIVERSITY AVENUE AND REPLACING SAME WITH A PRIMA FACIE SPEED LIMIT FOR AN
URBAN DISTRICT; PRESCRIBING A PENALTY; PROVIDING FOR REPEAL IN CASE OF CONFLICT; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF OTHER SPEED ZONE ORDINANCES; AUTHORIZING
PLACEMENT OF SIGNS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION HEREOF AS
PROVIDED BY LAW.
Since the removal of the one-way designation on this street several years
ago, the character of this street has changed, and with the recent request
to permit parking along both sides of the street which is 36' wide, it is
desirable to reduce the speed limit from 35 mph to 30 mph.
Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to
pass on first reading Ordinance #8960 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
August 28, 1986 304
86-45A-394-595
(32.)
Supplement
Agreement
No. 2 in Files
Consider Resolution #2415 authorizing the Mayor to execute Supplement
Agreement #2 to Lease No. DTFA07-83-L-01011 Runway End Identifier Lig
System for Runway 08, Lubbock International Airport.
RESOLUTION #2415
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Supplemental Agreement No, 2, Lease No.
DTFA07-83-L-0I011 by and between City of Lubbock and the Federal Aviation Administration,
for a Runway End Identifier Light (REIL) System, Runway 08° 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 28th day of August, 1986.
MAYOR
B.C. McMINN,
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Marvin Coffee
Marvin Coffee, Director of
Aviation
APPROVED AS TO FORM:
/s/ Michele Hart
Michele Hart, Assistant City
Attorney
On April 24, 1986, Lubbock City Council approved Supplemental Agreement #I
to Lease No. UTRA07-83-L-0I011 which permitted the Federal Aviation
Administration to install, additional navigational and landing aids at
Lubbock International Airport' There will be no costs to the City.
This Supplemental Agreement #2 provides the Federal Aviation Administration
the Right -of -Way and permission to bore under taxiway nLo and the right to
Use existing spare power cable ducts under taxiway uAx and taxiway oCo-
Thio request was reviewed and recommended by the Airport Board.
Motionwas made by Councilman Carpenter, seconded by Councilman Patterson
to authorize Resolution #24I5 as recommended by the Airport Board and
Staff. Motion carried: 7 Yeas; O Nays,
86-45A-394-586
/33'\ Consider Resolution #2416 suspending South Plains Electric Co -Op rates and
setting a date and time for the hearing_
RESOLUTION #2416
ORDER AND RESOLUTION
WHEREAS, o notice of Petition for Authority to Change Rates within the City of Lubbock
was filed August 15, 1986, with the City Secretary of the City of Lubbock by South Plains
Electric Cooperative, Inc.; and
WHEREAS, the City Council of the City of Lubbock, sitting as a regulatory authority
under provisions of law" is required by law to hold a public hearing to inquire into the
reasonableness of such proposed electric rate change; and
WHEREAS, the City Council has authority under provisions of law to suspend
implementation of such changed rate for up to ninety (90) days pending hearing and decision
on such proposed rate change; NOW THEREFORE:
BE IT ORDERED AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
I' THAT the City Council of the City of Lubbock, sitting as a regulatory authority
under provisions of Vernon's Ann'Civ'3t., Art- I445c, hereby suspends the effective data of
396 AUqU3t 28, 1986
Secretary by South Plains Electric Cooperative, Inc', for period not to exceed ninety (90)
days from the date when such rate change would otherwise have been effective; and
2' THAT the City Council of the City of Lubbock, in accordance with mandatory
requirements of Section 43 of the public Utility Regulatory Act hereby orders and directs
that a public hearing upon said proposed rate change by South Plains Electric Cooperative,
Inc., be held in the City Council Chamber of the Lubbock Municipal Building" 1625 13th
Street, at Nine A.M. on the 13th day of November, 1986, to determine the reasonableness of
such proposed rate change. The City Secretary of the City of Lubbock is hereby authorized
and directed to give South Plains Electric Cooperative, Inc', immediate written notice of
such hearing by serving m copy of this Order and Resolution Upon them at their business
office located in the City of Lubbock.
ORDERED AND RESOLVED by the City Council this 28th day of August, 1986.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Robert Massengale
Robert Massengale, Assistant
City Manager for Financial Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
South Plains Electric Co -Op has filed a proposed rate request with the City
Secretary, This rate request is considered to be a major pate request
under the State Law because it is more than t100,000 or 2-1/2% of gross
revenues. According to the information provided by South Plains Electric
Co -Op, the pate request is an increase of $1,613,784 or 7'62% of adjusted
gross operating revenues for the test year.
Itwill be necessary, according to State Law, for the City Council to hold
a Hearing on this rate request. Since the rate request does not involve
significant change in the rate structure, Staff believes that they will be
able to do all analysis.
Representatives from South Plains Electric Co -Op advised that the rate is
not expected to be put into place -until approximately January or February,
which is when they expect the PUC to yule on their rates for customers
outside the City Limits of Lubbock. Since there is no real time crunch for
SPEC, Staff recommended that the rates be suspended for 90 days pending
analysis, and that a Heaping be set for November 13 at 9:30 a.m.
Motion was made by Councilman Nash, seconded by Mayor Pro Tem Baker to
authorize Resolution #24I0 and setting the rate hearing for November I3°
1986 at 9:30 a.m. as recommended by Staff. Motion carried: 7 Yeas; O
Nays'
86-45A-395-597
(34') Consider accepting a gift of land.
The City has currently received an offer for a gift of land from the Great
Lakes Christian College of 8eaDsVille, Ontario, Canada' This land is
located at 340I E. 3yd Street and is also identified as being at the corner
of TdalnU Road and East 3rd Street. This particular property shows some
promise of having Value, possibly now or in the future, since it has
frontage on the Idalou Highway.
Motion was made by Councilman Nash, seconded by Councilman Patterson to
accept a gift of land as recommended by Staff and stipulated that a letter
of appreciation be sent under the signature of all the City Council'
Mot*$D carried: 7 Yeas; O Nays.
86-45A-395-598
(35.) Consider Ordinance #8961 granting franchise for telephone communications
ORDINANCE #8961
August 28, 1986
396
ORDINANCE NO. 8961
AN ORDINANCE GRANTING TO NTS COMMUNICATIONS, INC. THE RIGHT, PRIVILEGE AND FRANCHISE
TO CONDUCT WITHIN THE CITY OF LUBBOCK, TEXAS, A TELEPHONE COMMUNICATIONS BUSINESS AND TO
ENTER UPON, ERECT, CONSTRUCT, MAINTAIN, EXTEND, REPAIR, REPLACE AND REMOVE IN, UNDER, UPON,
WITHIN, OVER, ABOVE, ACROSS AND ALONG ANY AND ALL OF THE PRESENT AND FUTURE PUBLIC ROADS,
HIGHWAYS, STREETS, LANES AND ALLEYS OF THE CITY OF LUBBOCK, A SYSTEM OF POLES, ANCHORS,
CABLES, WIRES, MANHOLES, CONDUITS, AND OTHER PLANT CONSTRUCTION AND APPURTENANCES NECESSARY
OR PROPER FOR THE BUSINESS OF FURNISHING TELEPHONE SERVICES INTO, IN, WITHIN, FROM, ACROSS,
AND THROUGH THE CITY OF LUBBOCK, AS NOW EXISTING, OR AS SAID CITY LIMITS MAY HEREAFTER BE
EXTENDED, AND GRANTING NTS COMMUNICATIONS, INC., ITS SUCCESSORS AND ASSIGNS, THE AUTHORITY
TO USE SUCH FOR THE PURPOSE OF FURNISHING TELEPHONE SERVICES TO THE INHABITANTS OF THE
CITY, OR ANY OTHER PERSON OR PERSONS, FIRMS OR CORPORATIONS WITHIN THE CITY; PROVIDING THAT
THIS FRANCHISE SHALL BE EFFECTIVE FOR A PERIOD OF TWENTY (20) YEARS COMMENCING UPON AND
EXTENDING FROM THE EFFECTIVE DATE OF THIS ORDINANCE AFTER FINAL PASSAGE HEREOF; PROVIDING
FOR THE TEMPORARY REMOVAL, RAISING OR LOWERING BY COMPANY OF ITS WIRES AND OTHER
APPURTENANCES; PROVIDING FOR THE RIGHT TO, AND CONDITION OF, THE OPENING OF PAVEMENTS AND
SIDEWALKS BY COMPANY; RETAINING ALL RIGHTS OF CITY TO REGULATE THE LOCATION OF COMPANY'S
FACILITIES IN, UPON, ALONG, UNDER AND OVER THE STREETS, ALLEYS AND OTHER PUBLIC PLACES OF
CITY, AS WELL AS TO REQUIRE THE RELOCATION OF SAME; PROVIDING FOR EFFICIENT TELEPHONE
SERVICE AND THE MAINTAINING OF COMPANY'S FACILITIES; PROVIDING FOR THE USE BY CITY FOR THE
PURPOSES SPECIFIED OF POLES AND CONDUITS OF COMPANY; PROVIDING COMPENSATION, AND METHOD OF
PAYMENT OF SUCH, TO THE CITY FOR THE USE BY COMPANY OF THE STREETS, ALLEYS AND PUBLIC WAYS
OF THE CITY; PROVIDING FOR THE MAINTAINING OF RECORDS BY COMPANY WITH RIGHT OF INSPECTION
BY CITY RESERVING TO CITY ALL POWERS OF REGULATION; PROHIBITING ASSIGNMENT EXCEPT BY
CONSENT BY CITY EXCEPT IN CERTAIN CASES; GIVING CITY'S CONSENT TO THE CUTTING AND TRIMMING
BY COMPANY OF CONFLICTING TREES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS
FRANCHISE SHALL NOT BE EXCLUSIVE; MAKING MISCELLANEOUS PROVISIONS RELATIVE TO THIS GRANT OF
FRANCHISE; PROVIDING FOR THE PUBLICATION OF THIS FRANCHISE ORDINANCE AND ITS ACCEPTANCE BY
COMPANY.
86-45A-396-599
(36.)
Pub. Aff. Page
400
NTS Communications, Inc. requested that the City Council grant it a
franchise to use City streets, alleys, and other rights -of -way in conduct
of its communication business.
The basic type of service being proposed is long distance service via NTS-
Communications-owned lines. The method of operation proposed by NTS is to
serve specific isolated areas where long distance service would be highly
concentrated, such as an area with a dense office population. NTS would
connect all its customers in that area, then collect those signals and
transmit them from that area to the Metro Tower by way of microwave.
The franchise fee for this Agreement is different from other franchises
that the City Council has granted in that the franchise fee will only be
paid on those gross receipts derived from the customers connected to NTS
cables. The gross receipts derived from NTS customers that access through
Southwestern Bell Telephone would not be included in this gross receipts
fee.
The basis of this structure is that those gross receipts derived from NTS
customers accessing through Southwestern Bell Telephone should be taxed
through Southwestern Bell Telephone, since that would be a gross receipt of
Southwestern Bell Telephone. The franchise fee for this Agreement will be
2% of applicable gross receipts.
The term of this franchise is for 20 years. The Agreement does provide for
cancellation by the City in event of default by the company.
The Franchise Agreement appeared to cover the proposed business and antici-
pated future similar businesses that may request similar franchise agree-
ments inside the City Limits of Lubbock and therefore, Staff recommended
approval of the Ordinance.
Motion was made
on first reading
7 Yeas; 0 Nays.
Consider Ordinan
Permit and Licen
ORDINANCE #8962
by Councilman Phillips, seconded by Councilman Nash passing
Ordinance #8961 as recommended by Staff. Motion carried:
62 amendir
eal Board.
ORDINANCE NO. 8962
inance #8930 extending authority of
AN ORDINANCE AMENDING SECTION 2-167 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,
TEXAS, WITH REGARD TO THE POWERS OF THE PERMIT AND LICENSE APPEAL BOARD; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
The Fire Marshal's Office advised that in accordance with Ordinance #8930
passed by Council a few months ago, notices have been sent to all persons
owning property which contains abandoned underground storage tanks,
instructing that the tanks be removed within a certain period of time.
A review by City Attnrnay ravanlcA +hn+ +ho nw.d;--- ------4.i.,
397 , August 28, 1986
86-45A-397-600
(15.)
Pub. Aff. page 400
city officials denying, revoking or suspending permits and licenses issued
by the City". The question of underground storage tanks does not involve
permits or licenses.
The City Attorney advised that Council consider passing a "housekeeping"
ordinance which will allow the Board to "sustain, overrule or modify action
of any City official with regard to matters in which ordinances of the City
of Lubbock authorize an appeal to the board".
Motion was made by Councilman Patterson, seconded by Councilman Carpenter
to pass on first reading Ordinance #8962 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
ORDINANCE #8963--Zone Case #1061-F (Southwest corner of West 4th and Loo
289)--Hold a Public Hearing on request of Ron Huckaby for zoning change
from C-3 to limited C-4 on Tract 1-C, Treasure Island_ Addition.
ORDINANCE #8963
ORDINANCE NO. 8963
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF
LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1061-F; A ZONING CHANGE FROM C-3 to C-4
ZONING, LIMITED TO CERTAIN USES, ON TRACT 1-C, TREASURE ISLAND ADDITION, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
Ron Huckaby appeared to present this request for open C-4 zoning primarily
for a proposed muffler shop. No one appeared in opposition and Mayor
McMinn closed the Public Hearing.
Assistant City Manager Jim Bertram stated that the adjacent land uses are
as follows:
North - Convenience store and nursing home.
South - Automatic car wash
East - Apartment project
West - The intersection of 4th Street and Loop 289
The request is consistent with the Land Use Plan in referring to commercial
land uses and the location fits the definition of C-4 zoning as being a
district to provide retail and wholesale commercial uses which serve a city
wide or regional area.
The majority of the P&Z Commission voted in favor of the case with the
following conditions:
1. That the zoning be C-4 limited to a muffler shop and
automobile brake shop, an automobile glass shop, an automobile
seat cover and upholstery shop, an automobile transmission shop, a
public repair garage (with all parts inside the building).
2. That signage shall be located as shown on the site plan with
the maximum of 50' of signage allowed for one free-standing sign.
The Staff recommended that the City Council uphold the Planning Commission.
Motion was made by Councilman Patterson, seconded by Councilman Phillips to
pass on first reading Ordinance #8963 as recommended by P&Z and City Staff.
Motion carried: 7 Yeas; 0 Nays.
86-45A-397-601
(16.) ORDINANCE #8964--Zone Case #2406-B (Southeast corner of 19th and Mil-
waukee) --Hold a Public Hearing on request of Mark Barron (for Ben Edwards &
BBB Joint Venture) for zoning change from C-4 Specific Use to C-3 on Tracts
A-1. A-2. A-3. A-4, and A-5, Milwaukee Place Addition.
ORDINANCE #8964
ORDINANCE NO. 8964
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF
LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2406-B; A ZONING CHANGE FROM C-4 SPE-
CIFIC USE to C-3 ZONING ON TRACTS A-1, A-2, A-3, A-4, AND A-5, MILWAUKEE PLACE ADDITION,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Ron Huckaby presented this request involves a down zone from C-4 Specific
Use to C-3 for retail land uses in that the C-3 district in the City's
Pyramid Ordinance which would be more restrictive. No one appeared in
August 28, 1986 398
Assistant City Manager Jim Bertram stated that the Staff Considered this
case to be a outine zone case' The adjacent land uses are as follows:
North - Vacant C-3 district
South - Vacant C-4 district
East - Single family and some commercial
development
West - Vacant C-4 zoning limited to mini -
warehouses
He said this request is consistent with the Land Use Plan and would be an
appropriate zone change. The current zoning, C-4 Specific Use, is tied to
a Site Plan that shows out parcels for retail development with the balance
of the Site Plan being tied to mini -warehouse development, The proposed
change would leave the mini -warehouse development in place and would remove
the Specific Use portion of the previous zone case from the out parcels
with frontage on 18th Street- The Planning Commission approved the case
with the following condition:
That the zoning would be tied to the site plan as presented.
The Staff recommended that the City Council uphold the Planning Commission.
Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to
pass on first reading Ordinance #8964 as recommended by P&Z and City Staff'
Motion carried: 7 Yeas; O Nays-
88-45A-3B8-6O2
(17') ORDINANCE #8965--Zone Case #2574 (50th and Gary -Avenue) --Hold a Public
Hearing on request of SCH Architects (for Pacific Development Company) for
Pub' Aff' change of zoning from C-3 with conditions to C-3 on Tract A, Monterey
p' 400 Center Addition.
ORDINANCE #8965
� ORDINANCE NO. 8865
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF
LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CAGE NO. 2574; A ZONING CHANGE FROM C-3 WITH
CONDITIONS TO C-3 ZONING, ON TRACT A, MONTEREY CENTER ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION'
Warlick Carr appeared to present this request to delete all the conditions
regarding this property- Those previous conditions established a 200/
setback on 50th Street for parking and a 200/ setback on both Elgin Avenue
and Gary Avenue, and then tied the development to the site plan that was
presented at that time, Steve Hundley, with 3CH Architects, presented the
Architect renditions for this development site. No one appeared in
opposition to this request and Mayor McMinn closed the Hearing.
Assistant City Manager Jim Bertram stated that the adjacent land use
relationships are as follows:
North - commercial service
South - single-family development
East - commercial retail and single-family
development
West - commercial retail and single-family
development
Mr. Bertram advised that the request is consistent with the Land Use Plan
as well as the C-3 zoning district' The new zone case substitutes a new
Site Plan for the Site Plan that was used to develop the original Monterey
Center, As the new Site Plan went to the Planning Commission, it was
technically correct as it was drawn' The main difference in the two Site
Plans is that the new plan shows the southern n of the Monterey Center site
to be vacant, noting that development would occur later in that area. As
drawn, the proposed Site Plan showed 9" wide parking spaces, and an excess
of parking over what would be required under the Zoning Ordinance' Since
the Commission has approved 9/ wide spaces in the past and mince the trend
nationwide is for smaller spaces, P&Z recommended allowing 9/ wide spaces.
The Commission approved the case with the following conditions:
I. That the zoning be C-3 with all prior zone case conditions
deleted.
2. The front 16 acres are to be zoned C-3 and tied to the Site
Plan as presented.
3' A Site Plan, including building elevations, showing
materials, color, and texture shall be submitted and approved by
the Planning and Zoning Commission on the four out parcels prior
to the issuance of a Building Permit.
4' A Site Plan, including building elevations, showing
materials, color, and texture shall be submitted and approved by
the Planning and Zoning Commission on the south o of the tract
prior to the issuance of a Building Permit. All surrounding
399
August 28, 1986
86-45A-399-602
Site Plan review shall be heard on a regularly scheduled Thursday
night Planning and Zoning Commission agenda.
-
The Staff recommended that the City Council uphold the Planning Commission.
Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to
pass on first reading Ordinance #8965 to uphold P&Z and, with the condition
that the back half is to be maintained and the weeds kept cut' Motion
carried: 7 Yeas; O Naya-
ORDINANCE #8966--Zone Case #2575 (2221 Avenue W)--Hold a Public Hear
request of Michael Atcheson (for Redeemer Lutheran Church) for zonin
change from R-2 to A-2 limited to church use on Lots-9-16, Block 58,
ORDINANCE #8966
ORDINANCE NO. 8966
AN ORDINANCE AMENDING ZONING ORDINANCE NO, 7084 AND THE OFFICIAL MAP OF THE CITY OF
LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2575; A ZONING CHANGE FROM R-2 to A-2
ZONING, LIMITED TO CHURCH USES, ON LOTS 9-I6, BLOCK 58, McCRUMMENS SECOND ADDITION,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
Michael Atcheaon and Don Graff presented this request of Redeemer Lutheran
Church which would accommodate a proposed building expansion. Councilman
Carpenter asked if they would agree to approval being tied to their Site
Plan' Mr' Atcheoon requested that Council not tie its approval to Site
Plan because that would require that they Cmne back to P&Z for future
requests which would be costly and time-consuming. They agreed to the zone
change of A-2 limited to Church Uses.
Mr- Clarence Woods appeared to request Council tie approval of request to
the Site Plan. No one else appeared in opposition and Mayor McMinn closed
the Public Hearing'
Assistant City Manager Jim Bertram stated that the adjacent land use
relationships are as follows:
North - Existing single-family
South - Existing single-family
East - Existing single-family
West - Existing city park
The existing church currently is a legal non -conforming use because it has
been in this neighborhood for a number of years prior to the new Zoning
Ordinance. The applicant sought a Building Permit to join both of the
existing church buildings across an alley and it was 8| ff/G recommendation
that a zone change would be more appropriate in order to remove the non-
conforming use status that would have required a request to the Zoning
Board of Adjustment to seek a variance to allow two buildings to be
attached. The applicant proposed to relocate the existing alley, which was
the main point of debate at the Commission meeting'
There were several neighbors who opposed the change not so much to remove
the non -conforming use status but to relocate the alley where it would
intersect with 23rd Street' The Commission determined that, with
appropriate fencing, the alley would not detract from the neighborhood b«
intersecting with 23rd Street. Although the vote was Unanimous, the '
Commission urged the applicant to pursue a Zoning Board of Adjustment
variance rather than a zone change. The Commission did approve the case,
however, with the following conditions:
l. That the zoning shall be 4r2 limited to church and church
related uses'
2. That 10% of the front yard area from the north and south
setbacks on 22nd Street and 23rd Street shall be landscaped
between the building line out to the property line'
3' That a combination of brick, wood, and solid masonry fence
shall be built on the east side of the parking lot.
The Staff recommended that the City Council uphold the Planning Commission.
Motion was made by Councilman Carpenter, seconded by Councilman Patterson
to pass on first reading Ordinance #8866 as recommended by P&Z and City
Staff' Motion carried: 7 Yeas; 0 Nays.
August 28, 1986.
400
7711
77;
L.j
R-261
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me G I end a Ra s co a Notary Public in and for Lubbock County. T
personally appeared Twi I a Auf i I 1 9 Account Manage r of the South
pens Corporation, publishers of the Lubbock Avalanche -.Journal — Morning, Evening a
being by me duly sworn did depose and say that said newspaper has been published contin
than f if ty-two weeks prior to the f irst insei�¢�r� $f this L e g a l N o t i c e
No. at Lubbock County, Texas and th
ed copy of the Legal Notice is a true copy of the original and was printe
Avalanche -.Journal 34 �t tthe flow
263 words (a ddates: August 13+ 1986
= 99.
Account Manager
LUBBOCK AVALANCHE -JOURNAL.
Southwestern Newspapers Corporation
GLENDA RASCO
Notary Public In And For Thi ; tato Of Texag
My Commission Expires Nov, 9, 1988
Subscribed and sworn to before me this 131lbay of
FORM 58-10
*'�%'1:QI(1I101-11ZI
August
(19.) Hold a Public Hearing to consider ordinance prohibiting the parking of
vehicles on unpaved surfaces.
Mr. A. B. Watkins, President of North Overton Association, spoke in
favor of this Ordinance.
Mr. Cecil Puryear and Mrs. Wayne Webb spoke in opposition to the
Ordinance. Mayor McMinn closed the Public Hearing.
Assistant City Manager Jim Bertram said that a few months ago the Council
directed the Planning Commission to consider an Ordinance that would
prohibit vehicles from parking in the front yard.
The Ordinance that was presented to the Planning Commission establishes a
definition for a driveway and provides references in the Ordinance to
specifications for construction of a driveway. The Ordinance also amends
the off street parking section in each of the
R-1, R-2, A-1, and A-2 zoning districts by providing that all vehicles,
except recreational vehicles and certain equipment controlled under other
sections of the zoning ordinances, shall be parked on driveways, off-
street or completely in the back yards. Further, the proposed Ordinance
includes a 90-day amortization period.
The definition of "driveway" recommended by P&Z, excludes asphalt
surfaces as not being a "comparable material" unless approved by the
Building Board of Appeals.
Enforcement of this Ordinance was proposed to be done by existing Codes
Administration Inspectors during routine neighborhood inspections. Mr.
Bertram commented that any major level of enforcement may dilute the
level of enforcement of other codes, and also that most violations occur
in evening hours after Codes Inspectors are off -duty.
The P&Z Commission unanimously approved the proposed Ordinance.
The Staff recommended that the City Council uphold the Planning
Commission.
Motion was made by Councilman Nash, seconded by Councilman Phillips to
deny ordinance . Motion carried: 6 Yeas; 1 Nay --Councilman Carpenter.
401 August 28, 1986
86-45A-40I-005
(37,)
Motion was made by Councilwoman Tr 'o, seconded by Councilman Carpenter
to reconsider action on first reading of ordinance ' Motion carried: 6
Yeas; I Nay --Mayor Pro Tam Baker.
Motion was made by Councilman Carpenter, seconded by Councilwoman Tra'u
to hold reading ordinance until Staff can study it and report back to
Council' (No time limit was specified.) Motion carried: 6 Yeas; I Nay-
-Mayor Pro Tem Baker'
oae of
86-45A-40I-506
(38.) BID #9089--Restroom/concession facilities at Berl Huffman Complex, and
authorize same (Parks and Recreation Department).
RESOLUTION #2417
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 Hunter Construction Company
for the construction of restroom/concassion facilities at Berl Huffman Athletic Complex,
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 28th day of August, 1986.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
Hunter Construction Co'--Restro»m/concaasion facilities at Berl Huffman
complex.
86-45A-401-607
(39') BID #9090--Irrigation system --George Woods Park, and authorize same
August 28, 1986 402
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 Oasis Construction Company
for an irrigation system at George Woods Park, 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 28th day of August, 1986.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
86-45A-402-608
(40.)
See Contract
in Files
/s/ B. C. McMinn
B. C. McMINN, MAYOR
Oasis Construction --Irrigation system for George Woods Park.
BID #9091--Ci
same (Animal
RESOLUTION #2419
ubbock Animal Control She
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
renovation, and authorize
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 Eagle Building and
Development Company for renovation of the City of Lubbock Animal Control Shelter, 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 28th day of August, 1986.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
Eagle Building & Development --Renovation to Animal Control Shelter.
86-45A-402-609
(41.) BID #9094--Lift station (Water Utilities Engineering).
See Contract Atlas Engineering, Inc., Richardson--1-600 gallon pneumatic ejector.
in Files
403 August 28, 1986
RESOLUTION #2420
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 Pharr & Company for column
removal at the Municipal Building, 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 28th day of August, 1986.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City
Attorney
Pharr & Company --Column removal at Municipal Building.
Motion was made by Councilman Nash, seconded by Councilman Patterson
authorizing low bids meeting specifications on Item #'s 38-42.
Motion was made by Councilman Carpenter, seconded by Councilman Patterson
to amend previous motion and delete Item #42 from the motion. Motion
carried: 7 Yeas; 0 Nays.
Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to
authorize Resolution #2419. Motion carried: 4 Yeas; 3 Nays --Mayor McMinn,
Councilman Carpenter and Councilman Patterson.
M-260
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Glenda Rase o a Notary Public in and for Lubbock County, 7
personally appeared Twi I a Auf i I 1 9 Acco unt Manage r of the South
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening
being by me duly sworn did depose and say that said newspaper has been published conti►
than fifty-two weeks prior to the first insertion of this I eOnI No ti,r¢
No. 755981 at Lubbock County, Texas and tl
ed copy of the i e ¢ a I No t i c e is a true copy of the original and was printe
Avalanche -.Journal on the following dates: August 129 198
92 words (a 38t — $34 96
V"jo- lat ju
Account Manager
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
I Subscribed and sworn to before me this 12thday of
FORM 58-10
GLENGA °ASCO
Notary PublicnFor n, xas
pz Nov9, 1933mi'ona
August 1986
86-45A-403-611
(20.) Hold a Public Hearing to consider a request from Texas Petroleum for an Oil
and Gas Permit on a tract of land in the southeast corner of Section 41,
Block A (Olive and Ursuline).
August 28, 1986
404
Gas Permit on a tract of land in the southeast corner of Section 41, Block
A (Olive and Ursuline).
By memo, Staff advised that on August 4, 1986, Texland Petroleum presented
a request to drill a salt water disposal well 660' north of Ursuline and
660' east of Olive Avenue. Since the Amendment allowing disposal and
injection wells in 1984, this is the first request for a Permit.
The Application received indicated that the well will be a re-entry of a
plugged well (the Culver -Austin #1). The applicant has been issued Permit
#06139 for disposal of oil or gas waste by injection into a porous
formation not productive of oil or gas by the Railroad Commission of Texas.
Re-entry of a plugged well is a relatively short and simple procedure. No
pump -jack will be located at the site, and the injection/disposal will
eliminate a lot of truck traffic at Lub-Lifheirs #1 (a producing well on
City property north of the Loop). Staff recommended approval of the
Permit. Recommended Permit Conditions:
1. The applicant shall require the Contract driller to notify
the Texas Railroad Commission (Lubbock office) of intended drill
dates for plug removal, and to conform to Texas Railroad
Commission rules and permit conditions.
2. The applicant shall notify the City Oil and Gas Inspector 24
hours prior to setting a packer on the well.
3. The permittee shall meet all other conditions of Section 14
of the Lubbock Code and those specifications contained in the
application for Austin -Culver #1.
Motion was made by Councilman Nash, seconded by Mayor Pro Tem Baker to
approve issuance of an Oil and Gas Permit on a tract of land in the
southeast corner of Section 41, Block A (Olive and Ursuline) as recommended
by Staff. Motion carried: 7 Yeas; 0 Nays.
-iQ17QfillW- V
(43.) Consider two appointments to the Community Development Advisory Committee.
Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips to
appoint Russ Wilkerson to Sector 5 of the Community Development Advisory
Committee and to hold appointment to Sector 3. Motion carried: 6 Yeas; 0
Nays --Councilman Patterson absent from Chambers.
86-45A-404-613
(44.) Consider eight appointments to the Community Services Commission.
Motion was made by Mayor Pro Tem Baker, seconded by Councilman Carpenter to
reappoint Jim Kersey, Maggie Trejo, Renetta Howard, Lori Bellair, Martina
Garcia, Carlota Ramos, Teresa Salinas and Esther De Hoyos to the Community
Services Commission. Motion carried: 6 Yeas; 0 Nays --Councilman Patterson
absent from Chambers.
86-45A-404-614
(45.) Consider three appointments to the Lubbock Regional Mental Health and
Mental Retardation Board of Trustees.
Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips
reappointing Jim Kimmel, Dr. Rudy Arredondo and Jan Rigsby to the Lubbock
Regional MHMR Board of Trustees. Motion carried: 6 Yeas; 0 Nays --
Councilman Patterson absent from Chambers.
86-45A-404-615
(46.) Consider one appointment to the Lubbock Regional Mental Health and Mental
Retardation Public Responsibility Committee.
Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips to
appoint Louise Cummins, replacing Kay Atcheson. Motion carried: 6 Yeas; 0
Nays --Councilman Patterson absent from Chambers.
86-45A-404-616
(47.) Consider six appointments to the Urban Design and Historic Preservation
Commission.
Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to
reappoint Raymond Powell, Chairman, Leo Padget, Karen Wade and Lady Brown
and to appoint Paula Deering and Dr. Joseph King to replace Sybil Dickey
and Geneva Griffin. Motion carried: 7 Yeas; 0 Nays.
405 August 28, 1986
There being no further business to come before the Council, motion was made by Councilman
hx CoWncilm�n Carpenter to adjourn �h� meeting at 4:00 p.m.: Motion
Na�h �#Coqdm6
ATTEST:
Ranett oyd, City Secretary'
READ AND APPROVED THIS 11TH DAY OF SEPTEMBER, 1986.
1-.�KrlffNN, -MAYOR
ATTEST: