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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/9/1978364 NOV 9 1978 REGULAR CITY COUNCIL MEETING NOVEMBER 9, 1978 The City Council of the City of Lubbock, Texas, met at 9:30 a.m. in the regular meeting place at City Hall, the following members being present, to -wit: Mayor Dirk West, Mayor Pro Tem Alan Henry, Councilwoman Carolyn Jordan, Councilman M. J. Aderton, Councilman Bill McAlister, City Manager Larry Cunningham, City Attorney: John C.Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: None 78-371164-1020 The invocation was given by Jim Weston, Director of Community Facilities. 78-37-364-1021 The Pledge of Allegiance to the Flag was given in unison by those present in the (2) Council Chambers. 78-37-364 -1022 Approval of City Council Minutes - Regular Meetin October 26, 1978 (3) Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to approve said minutes. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-364-1023 Certificates awarded to new Board Members (4) Planning and Zoning Commission Bob Covington Urban Design Commission Ron Beard Bill Cantrell Elois Elliott Chris Geiin Homer Hunt Carolyn Lanier Dr. William J. Mayer -Oakes Jim Mertes Beverly Stribling Absent: Bill Averitt 78-37-364-1024 (5) Proclamations "National Diabetes Month" - November, 1978 (Mayor Pro Tem Henry presiding) Accepting the proclamation: Dr. Surendra K. Varma Mrs. Laurie Walker Melinda Walker Mayor Pro Tem Henry announced to those present in the Council Chambers that Dr. Varma is responsible for the passage of the new law which will go into effect this fall whereby all newborn children will be tested for hypothyroidism, and the community of Lubbock is fortunate to have such an outstanding professional man as a citizen. 78-37-364-1025 "Earth Sciences Week" - November 11-19, 1978 (6) Accepting the proclamation: Dr. G. L. (Lynn) Shurbet "The Great American Smoke Out Day" - November 16, 1978 Accepting the proclamation: Ellen Rubinstein, Helping Smokers Quit Coordinator 78-37-364-1026 Special Presentations (7) "Airman of the Month" - September, 1978 Airman First Class Steven B. Morris accepted the award. 78-37-364-1027 Representatives of the Lubbock Zoological Societ will appear to discuss (8) the activities of this group in developing a zoo for the City of Lubbock. Mr. Skip Crawford appeared representing the Lubbock Zoological Society. Mr. Crawford indicated his appearance was for the purpose of informing members of the Council of the current status in the establishment of a proposed zoo and indicated that the proper methods for establishing a zoo involved: 1. The formation of a Zoological Society, which has been completed; 2. The determination of the appropriate site, and the Society is r.iirrantly wnrkinn with tha Planninn and 7nninn CommiSeinn and 3rIt-15 N O V 9 1978 the Parks and Recreation Department in this matter; 3. Acquiring monies necessary for the construction of the zoo. Mr. Crawford indicated that most good zoos have an educational program available to schools and other organizations, and the Society has implemented such an educational program now available and appearing before various organizations and appearing in private schools; that a proposed schedule for participation in the Lubbock Independent School District is being formulated; that selected small animals in cages are used for demonstration purposes, with emphasis on the natural habitat of the respective animal being shown to the group; that the Society presently has 150 members and anticipate a total membership of 1,000 members, the proposed number necessary to maintain the zoo once it is established. At this point in his presentation, Mr. Crawford invited members of the Council to become members of the Society and extended to them the appropriate application form. In response to the query as to the type of zoo they plan to establish, Mr. Crawford indicated that it would start with those small species found in the Southwest geographical area, a primate house, and a petting zoo; that the projected time for construction would commence in 1980. In response to queries from the Council as to the cost of maintenance, location, etc., Mr. Crawford indicated that the Society would establish a trust fund, the interest from which could be used toward the maintenance of the zoo, plus supplemental monies from admission fees and possible grants and gifts; that their first choice for a location would be in the Canyon Lakes Project and they were working with the Parks and Recreation Department in regard to this matter as it would be a part of the tourist attraction; and the Society plan to have an attractive diorama which they would like to have located in the lobby of City Hall at the appropriate time. In response to Council query as to how they, the Council, could be supportive, Mr. Crawford indicated they would first like for each member of the Council to become a member of the Zoological Society, to approve the display of the model or diorama when it is completed, they would like for the Council to issue a public statement in support of this item at the appropriate time and place as a part of the Society's public awareness campaign, and general verbal support. Mayor West indicated that at the time all facets of the proposal were ready for public release, the Council would work with the Society in any way that they could. 78-37-365-1028 Ken Flagg will appear to request the City to participate in paving (9) Indiana south of 95th Street. Mr. Ken Flagg, representing the High Country Joint Venture, a group of developers, appeared to apprise the Council that the tract located on Indiana Avenue south of 95th Street being developed as residential had progressed to the stage that installation of all sewer lines had been completed, that the curb and gutter installation was almost complete, that construction of housing of this tract would begin within the month, but that there was no paving in the area at this time. He indicated that other owners of adjacent tracts in the area and members of the Joint Venture group were Bob Maeker, Roy Middleton, and A. C. Bowden, all of whom were agreeable in paying their proportion of pro rata share of curb and gutter cost in this development. Sam Wahl, Director of Public Works Administration, indicated that funds had not been appropriated for the paving of this area; that he had contacted the County who had declined approving any funds for the purpose of paving this area, and recommended that possibly Revenue Sharing funds could be used for this purpose. Following additional discussion, the motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry for the City to participate in paving Indiana south of 95th Street, and for the City Council to hold a public hearing to include the area on 82nd Street from Quaker to Slide Road, the total paving project to come from Revenue Sharing funds. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-365-1029 Ordinance No. 7758 (10) An ordinance amending Chapter 18, Subsection 18-2.1 of the Code of Ordinances requ atinq loadinq zone fees. AN ORDINANCE AMENDING SECTION 18-2.1 OF THE CODE OF ORDINANCES FOR THE CITY OF LUBBOCK, REGULATING THE ESTABLISHMENT OF LOADING ZONES AND THE CHARGES AND COLLECTION OF FEES THEREFOR TO PROVIDE FOR THE MAINTENANCE THEREOF; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting May. ass 9 1978 78-37-366-1030 Ordinance No. 7759 (11) An ordinance to abandon and close a 5.00 Underground Utility Easement AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY EASEMENT LOCATED IN THE MEADOWS ADDITION AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-366•-1031 Consider a resolution authorizing the Mayor to execute a Quit Claim (12) Deed to owners.- �' • - • _ ... _ _._,.._—. RF01 IITTnN 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 between the CITY OF LUBBOCK and CECIL E. JENNINGS, attached herewith which shall be spread upon the Minutes of the COUNCIL and as spread upon the Minutes of this COUNCIL shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of November, 1978. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga r Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: _ /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney QUITCLAIM DEED THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK I THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS and other good and valuable consideration to it in hand paid by CECIL E. JENNINGS, hereinafter called "GRANTEE", the receipt of which is here- by acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said GRANTEE, all its right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: The West 5.00 feet of Lot 848, The Meadows Addition to the City of Lubbock, Lubbock County, Texas. TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE, its successors and assigns forever, so that neither the GRANTOR, City of Lubbock, its successors or assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 9th day of November, 1978. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer 367 NOV 9 191 0 APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney THE STATE OF TEXAS I COUNTY OF LUBBOCK I BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared DIRK WEST, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capa- city therein stated. (SEAL) GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of November, 1978. /s/ Mary C. Gonzales Notary Public, Lubbock County, Texas Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-367-1032 Ordinance No. 7760 (13) An ordinance on Utility Meter Tampering AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING A NEW SECTION 19-20.5 PROVIDING FOR THE PROHIBITING OF UTILITY METER TAMPERING; PROVIDING A PENALTY; PROVIDING A SAVINGS;CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-367-1033 Ordinance No. 7761 _ Ord. 7761 amends Ord. 1646 (1/13/55) _ (14) & Amended by Ord. 8392 {1/27/83) An ordinance regarding settlement of small claims AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 2-81 THEREOF PROVIDING FOR APPROVAL OF CLAIMS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting ` Yea; none voting Nay. 78-37-367-1034 Ordinance No. 7762 (15) An ordinance regarding public accommodations_ AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING A NEW SECTION 19-20.4 PROVIDING FOR PROHIBITING DISCRIMINATION IN PUBLIC PLACES; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor best, Mayor Pro Tem Henry, Councilwoman Jordan and Councilman McAlister voting Yea; Councilman Aderton voting Nay. 78-37-367-1035 Ordinance No. 7766 - Zone Case No. 2115-A (16) Request of J. D. Badley to Shan a Lots 239, 238 and the east 65 feet of Lot 237, Bicentennial Estates Addition, City of Lubbock, Lubbock County, Texas, from 'R-1 to "R-2" Zonin District located south of 87th Street and west of Avenue X . The Planning and Zoning Com- mission recommended to the -City Council that this request be approved. �y��1• 4ov 9 1978 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2115-A; CHANGE LOTS 238, 239 AND THE EAST 65 FEET OF LOT 237 BICENTENNIAL ESTATES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; PROVIDING A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with the Notice of City Council Hearing published October 18, 1978, hearing was held on this referenced case. Proponent: J. D. Badley Mr. Badley indicated the request was a legal technicality whereby the referenced two and one-half lots need to be zoned "R-2" to comply with the existing "R- 2" area adjacent to the lots. There being no discussion, Mayor West announced the hearing closed. Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-368-1036 Ordinance No. 7767 - Zone Case No. 2205 (17) Request of Durwood Bolton (for Wayne Pierce) to change a tract of land out of Section 6, Block E-2, City of Lubbock, Lubbock County, Texas, from "A-1" to "C-2" Zoning District located west of Slide Road and about 50 feet north of 38th Street . The Planning and Zoning Commission recommended to the City Council that this request be approved. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2205; CHANGE A TRACT OF LAND OUT OF SECTION 6, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-1 TO C-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordace with the Notice of City Council Hearing published in October 18, 1978, hearing was held on this referenced case. Proponent: Durwood Bolton, appearing for Wayne Pierce Mr. Bolton indicated this was a routine zone request. There being no opponents to this request, Mayor West announced the hearing closed. Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-368-1037 Ordinance No. 7768 - Zone Case No. 2206 (18) Request of A. E. quest, Jr. for A. E. quest & Sons, Inc. to change Lots 24 and 25, Block 3, Berry Addition, City of Lubbock, Lubbock County, Texas, from "R-2" to "C-4" Zoning District locate north of East 35th Street and about 90 feet west of Cedar Avenue). The Planning and Zoning Commission recommended to the City Counci that this request be approved subject to the following conditions: 1. That it be tied to the site plan as shown. 2. That it meet all "C-4" standards. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2206; CHANGE LOTS 24 AND 25, BLOCK 3, BERRY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO C-4 ZONING DISTRICT; SUBJECT TO A CONDITION; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with the Notice of City Council Hearing published October 18, 1978, hearing was held on this referenced case. Proponent: Ralph Quest Mr. Quest requested the Council's approval of the zone change indicating their full compliance with the proposed conditions. There being no opposition to the request, Mayor West announced the hearing closed. Motion was made by Councilman Aderton, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 368A 78-37-369-1039 (20) r THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Marilyn Pierce a Nota Public in and for Lubbock County, Texas on this day personally appeared c man • u sine s s Manage r of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said news a er has been published continuously for more than fifty-two weeks prior to the j' rst igse�tion of this Le��l Not ice No 76834�7 at Lub- tcij2u,4. ,Jej%srsnd th,, a ac a Printed copy of the Legal Notic e - 187 words s a rue copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: October 189 1978 UB'UsAness Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this MARILYN PIERCE UN COMMISSION EXPIRES FEB. 1, 1980 18-1hdayof October i 1978 Notary Public in and for Lubbock County, Texas 1 ROTICE OF CITY COUNCIL HEARING NOTICE is hereby given to all In. terested persons as provided by taw, that the City Council wilt hold a public heariny on the 91h day of November, 1970, at Wt30 a.m., in the City Council Chamber on the Second Floor of the City Hall in Lubbogk, Texas, to Consider the I recommen hoes of the Planning and Zoning Commission that the Zoning Ordinance 701W be amended to amend Sections of sold Zoning Ordinance as described below; ono at which time and place W$ inter- ested persons will be given an op- portunity to, be heard, after which hearing, the City Council will de• terrin whether the Zoning Ordi- nance will be amended In accord- ance with such recommendation. CONDITIONAL USE tC•2i Section 1&4-4 Self service gasolene salttr limited to not more than two pump Islands and six double pumps, per development got. Oil changing chassis lubrication, fire changing and repair, garage bays With or without overhead doors. hydraulic Ilfts, unenclosed air compressors, car wash areas, re• Pair areas, mechanics and sere. ice attendants shall all be-(�rohib• iled. SPECIFIC USE (C•2) Section 22.3-I-2 Self servict gaao- linR sales. I I I 369 NOV 91� w s 78-37-369-1038 Ordinance No. 7769 - Zone Case No. 2209 (19) Request of Jerr B. Nichols to change Lots 22 and 23, Block 1, Kurt wood Addition, City of Lubbock, Lubbock Count , Texas, fro - o -Zoning District oca a South ot Clovis Road an west of Avenue U . The Plannin2 and Zoning Commission recommen to the City Council that this request be approved. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2209; CHANGE LOTS 22 AND 23, BLOCK 1, KURTHWOOD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-3 TO C-4 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with the Notice of City Council Hearing published October 18, 1978, hearing was held on this referenced case. Proponent: Jerry B. Nichols Mr. Nichols indicated this was a routine zone change request and requested the Council's approval. There being no discussion or opposition to the request, Mayor West announced the hearing closed. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-369-1039 Ordinance No. 7770 (20) Consider an amendment to Zoning Ordinance #7084 Sections 16.4-4 and *PUBLISHER'S 22.3-1-2, concerning self-service gasoline sales. AFFIDAVIT ON PAGE 368A. AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING CODE, BY MAKING SELF-SERVICE GASOLINE SALES BOTH A CONDITIONAL USE AND A SPECIFIC USE, IN THE C-2 ZONE DISTRICT, PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE, AND PROVIDING FOR PUBLICATION. In accordance with the Notice of City Council Hearing published October 18, 1978, hearing was held on this matter. Mr. Jim Bertram, Director of Planning and Zoning, indicated to the Council that this matter had appeared on the agenda before for Council consideration and due to the opposition from the independent gasoline operators, the matter had been referred back to Planning and Zoning for further consideration. Mr. Bertram indicated this was a compromised amendment which reflects that gasoline sales, limited to not more than two pump islands and six double pumps per development lot, can be allowed in "C-2" districts as a conditional use, if it is properly located on the lot with adjacent ingress and egress. The amendment also allows for self-service gasoline sales as a specific use in "C-2", which would require a hearing before the Planning Commission and the City Council and would require the self-service gasoline sales to be tied to a site plan. In either case, the sale of gasoline in "C-2" would be limited to self-service and would avoid the other aspects of service stations, such as oil changing, lubrication, tire changing and repair, car wash, etc. There being no further discussion, Mayor West announced the hearing closed. Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-369-1040 Ordinance No. 7771 - Zone Case No. 2207 (21) Re nest of PhillipW. Johnson for William Cromer to chan a Lot 20, Block 16, Parks Addition, City of Lubbock, Lubbock County, Texas, from "R-1" to "C-4" Zoning District located north of 2nd Street and west of Santa Fe Drive). The Planning and Zon ng Commission recommended to the Citz Council that this request be approved subject to the following conditions: 1. That it be tied to the site plan as shown. 2. That there be a solid masonry fence on the north and west sides of the development lot. 3. That there be no amplifiers allowed. 4. That garbage pick up be made on the development lot. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2207; CHANGE LOT 20, BLOCK 16, PARKS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-4 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with the Notice of City Council Hearing published October 18, 1978, 370 N 9 1978 Proponent: Phillip W. Johnson, representing William Cromer Mr. Johnson indicated that there was presently located on the site a Poco Taco fast food restaurant; that Mr. Cromer had purchased the entire franchise and desired to raze the present structure and to construct a newer structure, expanding the facilities somewhat; that with respect to condition number 3, there would be no amplifiers per se, but there would be a "talk box" located at the window where drive-in orders are placed, but this system would be of a more modern and improved installation than exists at the present time; that Mr. Cromer was in agreement to the solid masonry fence reflected in condition number 2. Opponent: Susan Barnes, 2509 1st Place Ms. Barnes represented the residents in the area, some of whom have property adjacent to the existing site, and indicated their objections to the zone change and the expanding of the facilities results from the constant trash that blows over into their respective back yards, and the group requested an 8' solid masonry fence rather than the recommended 6' solid masonry fence; that they objected to any amplified system whereby it can be heard by the residents, and they were apprehensive as to the acceptability of the anticipated installation as reflected by Mr. Johnson; that they objected to any increased lighting of the facilities, as the present lighting system glares over into their back yards and is a nuisance. Opponent: L. G. Yarbrough, 2507 1st Place Mr. John Ross, City Attorney, called the Council's attention to the fact that the present zone request affected Lots 20, Block 16, Parks Addition, only; that the existing Poco Taco structure was on the lot adjacent to this one and the proposed zone change with stated conditions would affect Lot 20 only; that while he appreciated Mr. Johnson's and Mr. Cromer's intent to have the adjacent lots on which the existing structure sets comply with these conditions, from a legal point of view it is not enforceable, and he felt the Council should be made aware of this fact. Discussion ensued with respect first to the requested 8' solid masonry fence. Mrs. Esther Sepeda, member of the Planning and Zoning Commission, appeared before the Council requesting that the 8' requirement not be implemented; that it would be hazardous particularly in the event of high winds; that it would also block the view onto University Street, and is not presently a requirement of the Zoning Ordinance. Mr. Johnson also commented on the fact that the 8' requirement would increase the cost of the construction of the masonry fence and that Mr. Cromer would not be interested in expending these additional monies. Additional discussion ensued with respect to the amplifier system anticipated and whatever system was installed, should it annoy the residents, they were entitled to file a complaint in violation of this ordinance; Mayor West indicated to Mr. Johnson he should be aware of that; that possibly they should consider telephone -type systems rather than the speaker -box system. Mr. Bertram indicated at this time that violation of the loose trash or of the noise resulting from the speaker system, or the glare from the lighting installation would place Mr. Cromer in violation of the existing Zoning Ordinance, and he wanted everyone present in the Council Chambers to be aware that they had the privilege of filing a complaint should any of these conditions be violated. At this point Councilwoman Jordan expressed concern over Mr. Ross's statement that the zone change affected only the lot of the new structure - Lot 20, Block 16, Parks Addition - and did not include the existing adjacent lot on which the present Poco Taco is constructed, and felt that a contractual agreement should accompany this ordinance whereby Mr. Cromer agrees that conditions be implemented on both lots; that this contractual agreement be prepared and executed before the ordinance appears on the Council agenda for second reading scheduled for November 16, 1978. Mayor West indicated to the opponents present in the Council Chambers that there did presently exist a bad situation with the present structure resulting in excessive trash, glare from the lights and the noise factor; that the alternative available to them was to allow the proposed expanded facilities; that Mr. Cromer would have to comply with the stated conditions; and that they did have the recourse of filing complaints should these conditions be violated. He also indicated that the petition filed, expressing opposition, required a 3/4 vote by the Council. There being no further discussion, Mayor West announced the hearing closed. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on first reading with the provision that a contractual agreement be prepared and executed by Mr. Cromer whereby the stated conditions would apply to the adjacent lot on which the existing Poco Taco restaurant now stands. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 371 NOV 9 It ,. ph 04 '78-37-371-1041 Ordinance No. 7763 (22) Consider an ordinance amending Chapter 28, Section 28-40 A (2), regulating street barricades. AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES FOR THE CITY OF LUBBOCK BY REVISING SECTION 28-40A(2) THEREOF, PERTAINING TO THE ADOPTION OF A BARRICADE MANUAL FOR THE CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY AS PROVIDED BY SECTION 1-5 OF THE CITY CODE AND PROVIDING FOR PUBLICATION. Larry Cunningham, City Manager, indicated to the Council that this ordinance was for the purpose of compliance with the Street Barricade Manual and Standards as established by the State Department of Highways and Public Transportation, and our present ordinance doesn't comply with these standards. Motion was made by Councilman Aderton, seconded by Councilwoman Jordan to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-371-1042 Ordinance No. 7764 (24) Consider an ordinance amending Section 303(a) of the Uniform Building Code AN ORDINANCE AMENDING SECTION 303(a) OF THE UNIFORM BUILDING CODE, 1976 EDITION, THE SAME AS PREVIOUSLY AMENDED HAVING BEEN ADOPTED AS THE BUILDING CODE FOR THE CITY OF LUBBOCK, BY REVISING THE BUILDING PERMIT FEE SCHEDULE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE AND PROVIDING FOR PUBLICATION. It was indicated this ordinance is requested to increase building code fees and electric permits to comply with the decision made by the Council during the budget work sessions during the summer of 1978; that the increase in the fees would still leave them below that charged by many of the large cities in Texas. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-371-1043 Ordinance No. 7765 (25) Consider an ordinance amending Section 11 A-5 1 of the Electric Code as regards the adoption of the 1978 National Electric Code and Section 11A-82 as regards establishing a fee schedule for electric permits. AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF LUBBOCK, BEING THE ELECTRICAL CODE, BY AMENDING SECTION 11A-5(1) ADOPTING THE NATIONAL ELECTRICAL CODE (NFPA NO. 70-1978) 1978 EDITION AND AMENDING SECTION 11A-82 ESTABLISHING A FEE SCHEDULE FOR ELECTRICAL PERMITS, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Mayor Pro Tem Henry commented at this time that Dallas now has a resolution whereby staff members automatically review annually permits and fees handled by their respective department, and recommend to the Council any changes or increases as being appropriate; that he recommends that this be implemented by our staff members inasmuch as this item was discussed thoroughly during the summer budget work sessions; and requested that this appear on the agenda on November 16, 1978 these being the procedures automatically to be followed by various staff members. 78-37-371-1044 Consider a resolution accepting avin improvements constructed b (26) Kerr Construction Comp ny on Slide Road widening from Brownfield Highway to 50th Street and reconstruction of 50th Street and Avenue "C". R F-01 1 ITT ON RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, the City Council of the City of Lubbock authorized the construction of street improvements by Kerr Construction Company, G.W.O. 10,953 and a portion of G.W.O. 10,924, on portions of the following streets and/or avenues; 372 i 0V 9 1978 78-37-372-1045 (27) 78-37-372-1046 (28) Slide Road from its intersection with the South Lip Line of Brownfield Highway to its intersection with the North Lip Line of 50th Street known and designated as Sub -Unit Number 6 of Unit Number 2236. 50th Street from its intersection with a line 180.00 feet West of the West Property line of Avenue "C" to its intersection with a line 95.00 feet East of the West Property Line of Avenue "C" known and designated as Sub -Unit Number 7 of Unit Number 2236. Avenue "C" from its intersection with the North Lip Line of 50th Street to its intersection with a line 204.00 feet North of the North Property Line of 50th Street known and designated as Sub -Unit Number 8 of Unit Number 2236. WHEREAS, the improvement upon the said portions of the above mentioned streets has been inspected and found to have been constructed according to the approved plans and specifications. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portion of the above mentioned streets be, and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's share and release escrow money. II. This resolution shall take effect and be in force after its passage. PASSED AND APPROVED THIS 9TH DAY OF NOVEMBER, 1978. ATTEST: /s/ Evelyn Gaff a Eve yn Gaffga, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer /s/ Dirk West Dirk West, Mayor APPROVED: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Consider an ordinance providing for three consecutive terms of office for each Board and Commission appointment. The pros and cons of said proposed ordinance had its advantages and disadvantages and the Council agreed that it would be difficult to determine whether such an ordinance be retroactive or subsequent to present appointments. Following discussion, it was the consensus of the Council that no action be taken on this matter at the present time. Consider a resolution accepting Amendment #1 to Grant Agreement #6-48-0138-12 to increase the Grant b 653,536 for a new total 1,053,536 to be used for taxiway construction and authorize th r to execute on behalf of the Cit.v. RFC(l1 1 IT Tnm BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: of 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 Amendment No. 1 to Grant Agreement No. 6-48-0138-12 between THE CITY OF LUBBOCK add THE UNITED STATES OF AMERICA, acting through the Federal Aviation Administration, covering taxiway construction, attached herewith which shall be spread upon the Minutes of the COUNCIL and as spread upon the Minutes of this COUNCIL shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of November, 1978. 31673 NOV g jc w 78-37-373-1047 (29) 78-37-373-1048 (30) 78-37-373-1049 (31) /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney NOTE: Document filed with original resolution "Amendment 1 - Project 6-48-0138-12 w/FAA". Consider a resolution accepting Amendment #2 to Grant Agreement #6-48-0138-12 amending lan ua a between City and FAA. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK; BE and is herebv authorized and directed to execute for and on behalf of the CITY OF LUBBOCK Amendment No. 2�to Grant Agreement No. 6-48-0138-12 between THE CITY OF LUBBOCK and THE UNITED STATES OF AMERICA, acting through the Federal Aviation Administration, covering taxiway construction, attached herewith which shall be spread upon the Minutes of the COUNCIL and as spread upon the Minutes of this COUNCIL thall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th ATTEST: day of November, 1978. /s *kWestO�e DIRK WEST, MAYOR /s/ Evelyn Gaffga Eve yn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney NOTE: Document filed with original resolution "Amendment 2 - Project 6-48-0138-12 w/FAA". Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said resolutions. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Discuss airport parking. The Council decided to hold this item until the lunch time break at which time Mayor Charles McCrary, Mayor of Post, Texas, would discuss the situation with them. Discuss resolution of Petersburg City Council regarding future water s. uPply._ 3'74 40v 9 1978 Mr. Sam Wahl, Director of Public Works Administration, indicated they had received a resolution from the Petersburg City Council requesting to become a participant in the Justiceburg Water Project, that they did not do so at the time the project was instituted; that there were other small communities who also had expressed interest in participating in this project, and recommended that the Council acknowledge receipt of the resolution and indicate that they would be included on the list of communities to participate in the Justiceburg Water Project. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to accept Mr. Wahl's recommendation to acknowledge receipt of the resolution and indicating their inclusion in the Project. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. (NOTE: Material received from Petersburg City Council it filed in the City Secretary's Office - "Justicebbrg Water Project".) 78-37-374-1050 Bid (32) Dep 78-37-374-1051 (33) 78-37-374-1052 (34) 78-37-374-1053 (35) 78-37-374-1054 (3fi) 78-37-374-1055 (37) for traffic signal equipment (Traffic Enaineeri Low Bidder, Items 1,2,&3 Ve Ped Traffic Controls, Inc., Oklahoma Bid No. 5078 for wire rope (Sanitation Department) Low Bidder Service & Products, Int., Inc., Lubbock Bid No. 5095 to re -roof Tax Office Building Tax Department, Revenue Sharing Funds Entitlement Period 10). Low Bidder Ajax Roofing Company, Lubbock Bid No. 5087 for 800 3 Cu. Yd. si_deloading refuse containers (Engineeri Department, Revenue Sharinq Funds Entitlement Period 10). Low Bidder Duncan Equipment, Arlington, Texas Bid No. 5091 for four parking control vehicles Police Department). Low Bidder Associated Supply Company, Lubbock Motion was made by Councilman Aderton, seconded by Councilwoman Jordan to approve referenced bids, specifically referring to the fact that Bid No. 5095 and No. 5087 would be funded from Revenue Sharing Funds Period 10. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Bid No. 5092 for two solo motorcycles (Police. Department). Councilman McAlister requested no action be taken on this bid at the present time for the reason that he would like to request some documentation as to why dealers other than Harley Davidson dealers are not permitted to bid; that he had understood that there is high maintenance with respect to this make of cycle; that other major cities such as Los Angeles used other makes of cycles with relative success. He therefore moved that this matter be tabled until the documenta- tion had been received and evaluated; motion was seconded by Mayor Pro Tem Henry. Motion did not carry: Councilman McAlister and Mayor Pro Tem Henry voting Yea; Mayor West, Councilwoman Jordan and Councilman Aderton voting Nay. The motion was then made by Councilman Aderton, seconded by Councilwoman Jordan to approve referenced bid. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Low Bidder Graves Harley Davidson Sales, Lubbock There being no further business appearing on the agenda, the Council adjourn for consideration of work session items and for subsequent executive session. f Nov ATTEST: } i'etyv�Secret�aryv--rreaos�u'rtr READ AND APPROVED THIS THE 16th DAY OF November 1978. L All to-p/jealk MAYOR ATTEST: City Secre ry-Treasurer