HomeMy WebLinkAboutMinutes - City Council - Regular - 3/24/1988193
REGULAR CITY COUNCIL MEETING
MARCH 24, 1988
9:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session
on the 24th day of March, 1988 in the City Council Chambers, first
floor, City Hail, 1625 13th Street, Lubbock, Texas at 9:00 a.m.
Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T.
J. Patterson, Councilwoman Maggie Trejo, Councilman Gary Phillips,
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.
( 1.} The Invocation was given by Rita Harmon,
Assistant City Manager for Public Safety and
Services.
( 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
{ 3.) Motion was made by Councilman Nash, seconded by
Councilman Patterson to approve the Minutes of
the March 10, 1988 City Council meeting as
written. Motion carried: 7 Yeas; 0 Nays.
88 -47A-193-183
( 5.)
behalf of the residents
Dana Guske appeared on behalf of the residents of
Greek Circle to request a Loudspeaker Permit in
conjunction with a street dance with live music
to be held from 6:00 p.m. until 12:00 midnight.
Ms. Guske indicated that no alcohol will be sold
at this event.
On -site inspection yielded amble parking for such
an event and required signatures have been
obtained from the residents within a one block
area of the location. Staff also received
confirmation from the Inter -fraternity Council at
Texas Tech University that this event will be
conducted on behalf of the residents of Greek
Circle in conjunction with Greek Week and there
will not be an entry fee at this event.
It is necessary that the City Council approve
such an event due to the location and time in
which the event is scheduled. All administrative
requirements have been met as required by
Ordinance.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to approve issuance of a
Loudspeaker Permit to residents of Greek Circle
for April 8, 1988. Motion carried: 7 Yeas; 0
Nays.
19 4 March 24, 1988
THE STATE OF TEXAS R-159
COUNTY OF LUBBOCK
Before me Franras Ha rckande y a Notary Public in and for Lubbock Col
personally appeared T--1- Ailtil l ► Acc-yn: Manage of the
pers Corporation, publishers of the Lubbock Avalanche -Journal - Morning, Eve
being by me duly sworn did depose and say that said newspaper has been published
than fifty-two weeks prior to the first insertion of this Legal_tistlee
No.826052 at Lubbock County, Texas
ed copy of the La0-al No#lta is a true copy of the original and was
Avalanche -Journal on the following dates- March ?.fiy April 29 1
70 '/X U
Account ManaQar
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 5 t h day of Aare I ,n 19_BIB
FORM 58-10
�1 !nc •
88-47A-194-184
( 6.) ORDINANCE #9184--Authoritin
traffic signal at the inter
and Avenue K.
ORDINANCE #9184
ORDINANCE #9184
ORDINANCE •414@
AN ORDINANCE CANCELING
AUTHORITY AND APPROVAL
FOR A TRAFFIC SIGNAL AT
1STH STREET AND AVENUE K
AND AUTHORIZING THE RE-
MOVAL OF SAID TRAFFIC SIG.
NAL AS AN OPERATIVE TRAF•
FIC SIGNAL.
ORDINANCE k V1Y5
AN ORDINANCE ALTERING
THE PRIMA FACIE SPEED LIM.
ITS ON CERTAIN PORTIONS OF
02NO STREET, AS HEREINAF-
TER MORE PARTICULARLY
DESCRIBED IN THE BODY OF
THIS ORDINANCE; DIRECTING
PLACEMENT OF SIGNS WITH
RESPECT THERETO; REPEAL-
ING CONFLICTFNG ORDI-
NANCES TO THE EXTENT OF
SUC H CON FL OCT, APPL I CATION
OF THIS ORDINANCE ONLY TO
STREETS OR HIGHWAYS
NAMED HEREIN, PROVIDING
THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A
PENALTY; PROVIDING A SAV.
I NO$ CLADS E. A N D PROV I DO NO
FOR PUBLICATION.
ORDINANCE N g►87
AN ORDINANCE ABANDON.
ING AND CLOSING PORTIONS
OF A N-FOOT ALLEY IN SEC-
TION " BLOCK J-S. LUBBOCK
COUNTY, TEXAS. AND MORE
PARTICULARLY DESCRIBED IN
THE BODY OF THIS ORDI-
NANCE; DIRECTING THE CITY
FIC AL MAPS ONEER TO F THE CRK ITY OF
LUBBOCK TO REFLECT SAID
A BAN DONME NT AN D C LOST NO.,
PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR
PUBLICATION.
ORDINANCE ■ 9178
tNANCE ABANDON.
INGN NDDCLOSING PORT OHS
OF A STREET AND AN ALLEY
IN WESTERN MEADOWS ADDI-
TION TO THE CITY OF LUB.
BOCK' LUBBOCK COUNTY, TER -
AS, AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF
THIS ORDINANCE; DIRECTING
THE CITYENGINEER rOMARK
THE OFFICIAL MAPS OF THE
CITY OF LUBBOCK TO RE-
FLEcr SAID ABANDONMENT
AND CLOSING: PROVIDING A
SAVINGS CLAUSE; AND PRO.
OIDING FOR PUBLICATION.
r �
the removal of the
ction of 15th Street
AN ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A TRAFFIC
SIGNAL AT 15TH STREET AND AVENUE K AND AUTHORIZING THE REMOVAL OF
SAID TRAFFIC SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9184. Motion carried: 7
Yeas; O Nays.
88-47A-194-185
( 7.) ORDINANCE #9185--Establishing a speed limit on
portions of 82nd Street.
ORDINANCE #9185
March 24, 1988
195
ORDINANCE #9185
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN
PORTIONS OF 82ND STREET, AS HEREINAFTER MORE PARTICULARLY DESCRIBED
IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH
RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF
SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR
HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
88-47A-195-186
( 8•)
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9185. Motion carried: 7
Yeas; 0 Nays.
J-S.
ORDINANCE #8787
ORDINANCE #8787
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 20-FOOT ALLEY
IN SECTION 9, BLOCK J-S, 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.
88-47A-195-187
( 9.)
This Ordinance was read for the first time on
June 28, 1985. This portion of the alley t❑ be
closed is south of 17th Street, north of 19th
Street, and west of Loop 289, at the northeast
corner ❑f Gene Messer Ford on West 19th Street
and the area to be closed is 7,156.63 square
feet/ .164 acre. The proponent of this closure
is Buddy Barron for Gene Messer Ford.
The area to be closed will be rededicated as a
Drainage and Underground Utility Easement and a
north -south access Easement will be dedicated at
the west end of the alley to be closed. The $150
application fee has been paid and, since the
alley will be left as an Underground Utility
Easement and an Access Easement will be
dedicated, the proponent will not be charged for
the alley. The final plat and related documents
are ready to be filed. Staff recommended
approval.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to pass ❑n second and final
reading Ordinance #8787 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
ORDINANCE #9178
196
March 24, 1988
OROINANCE #9178
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A STREET AND AN
ALLEY IN WESTERN MEADOWS 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 PUBLICATOIN.
This Ordinance was read for the first time on
February 25, 1988. According to John Abney,
proponent, all Deeds and related documents
necessary for the cul-de-sac Dedication are in.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9178 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
88-47A-195-188
(15.) Consider Resolution #2781 accepting.. Drainage
Improvements constructed by West Texas Paving,
Inc. on Leroy Elmore Park Drainage Im rovements
Project No. 9265.
RESOLUTION #2781
RESOLUTION #2781
BE :IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT it is hereby determined, based upon the
opinion of the City Engineer, that the improvements constructed by
Westt Texas Paving, Inc. have been satisfactorily completed on Leroy
Elmore Park Drainage Improvements - Project No. 9265 and are hereby
accepted as such by the City of Lubbock.
SECTION 2. THAT final payment in the amount of $5,822.12 unto
West Texas Paving, Inc., the contractor on the project, is hereby
authorized.
Passed by the City Council this 24th day of March, 1988.
ATTEST:
/s/ Ranette_$oyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry V. Hoffman
Larry V. Hoffman, Director of
Transportation
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Forth Fullingim, Assistant City
Attorney
/s/ B. C. McMinn
B. C. McMINN, MAYOR
197
March 24, 1988
88- 47A-1.97-189
(17.)
This is a routine acceptance of the Leroy Elmore
Park Drainage Relief Project which includes the
large excavation in the KFYO Lake and the channel
excavation between Leroy Elmore Park Lake and the
KFYO Lake and some concrete work at Loop 289.
The original Contract was in the amount of
$120,285 and the actual final cost is
$116,442.36.
The final payment is due the Contractor upon this
acceptance in the amount of $5,822.12. Staff
recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson authorizing Resolution
#2781 on recommendation of Staff. Motion
carried: 7 Yeas; 0 Nays.
RESOLUTION #2782
RESOLUTION #2782
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 the cover sheet of proposed plans which include plans for
reconstruction of Avenue Q from 3rd Street to 58th Street in the City
of Lubbock, Lubbock County, Texas.
Passed by the City Council this 24th day of March, 1988.
Is1 B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
ZsL Ranette Bcyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsL _Larry V._Hoffman
Larry V. Hoffman, Director of
Transportation
APPROVED AS TO FORM:
LsL J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
This State Highway Department Project is 3.7
miles of reconstruction ranging from removing the
surface on portions and resurfacing to removal of
surface and base and reconstruction. Concrete
intersections will be constructed at various
intersections and a right turn lane far
southbound traffic on Avenue Q will be
constructed at the northwest corner of 50th
Street and Avenue Q. Staff recommended approval.
198
March 24, 1988
884 7A-198-190
(18.)
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize Resolution
#2782 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
Consider Resolution #2783 authorizing the Mayor
RESOLUTION #2783
RESOLUTION #2783
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor of the City of Lubbock is hereby
authorized and directed to execute for and on behalf of said City of
Lubbock an Agreement entitled "Construction and Maintenance Agreement
for Bridge Replacement or Rehabilitation off the State System" to be
entered into by and between said City of Lubbock and the Texas State
Department of Highways and Public Transportation regarding
reconstruction and maintenance of the East 26th Street overpass in
the City of Lubbock, 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.
SECTION 2. Payment is hereby authorized in the amount of
approximately $360,000.00 which is estimated to be the City of
Lubbock's 20% share of a total cost for the bridge reconstruction of
$1,1300,000.00, in accordance with a letter from said State Department
of Highways and Public Transportation to said City dated March 11,
19813.
SECTION 3. Acquisition of additional right of way is hereby
authorized in case the need for such acquisition arises in connection
with reconstruction of the East 26th Street overpass.
Passed by the City Council this 2Ath day of March, 1988.
jsj B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
ZsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsL Larry V. Hoffman
Larry.V. Hoffman, Director of
Transportation
APPROVED AS TO FORM:
J J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
This project will reconstruct the East 26th
Street Overpass Bridge constructed by the City of
Lubbock in 1962 and now in need of repair.
March 24, 1988
199
The State Department of Highways and Public
Transportation would do the entire Project from
plans through construction under the "1987-1991
Off -State System Federal -Aid Bridge Replacement
Rehabilitation Program".
Under this Agreement the City would be obligated
for 20% of the actual construction costs
including engineering and any additional right-
of-way, if needed.
The State's estimated cost ❑f construction
including engineering is $1,800,000 and the
City's 20% is $360,000. Funds for the City's
participation are available from Community
Development in the amount of $299,838 and the
remainder $60,162 is available from unallocated
funds in the Street Improvement Fund. Staff
recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo authorizing Resolution
#2783 on recommendation of Staff. Motion
carried: 7 Yeas; 0 Nays.
88-47A-199-191
(19..) Consider Resolution #2784 authorizing the Mayor
to execute an Agricultural Sub -Lease Agreement._
RESOLUTION #2784
RESOLUTION #2784
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 t❑ execute for and ❑n behalf ❑f said City (as
Sublessor) an Agri -cultural Sublease Agreement unt❑ Joe Hall (as
Sublessee) ❑f an existing lease between Stoneville Pedigreed Seed
Company (as owner -Lessor) and said City (as Lessee), attached
herewith, which shall he spread upon the minutes of the Council and
as spread upon the minutes ❑f this Council shall constitute and he a
part of this Resolution as if fully copied herein in detail.
200
March 24, 1988
Passed by the City Council this 24th day of March, 1988.
Zs/ B. C. McMinn
B.C. McMINN, MAYOR
ATTEST:
/s1 Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is/ Sam Wahl
Sam Wahl, Director of Water
utilities
/s/ Ed Bucv
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
Is1 J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
This Resolution authorizes the Mayor to sign an
Agricultural Sublease between Joe Hall
(Sublessee) and Stoneville Pedigreed Seed Company
(Owner -Lessor). At the present time, the City of
Lubbock leases approximately 300 acres of
farmland from Stoneville Seed for effluent sewage
water irrigation purposes. This farm is located
along the south side of East 50th Street, just
north of the Buffalo Lakes entrance. The City's
three-year Lease with them allows the City to
sub -lease this property.
The City is sub -leasing this property to Joe
Hall, who was farming the Anderson-Teggemann
property which Staff just recently purchased.
The City will assume farming duties of the
Anderson-Teggemann property and in turn allow Joe
Hall to farm the Stoneville property. This Lease
is for two years and the lease rate of the
Contract is based on one -quarter crop cotton
produced and one -quarter crop grain produced and
also reimburses Mr. Hall $7,300 for field work
already done on the Anderson-Teggemann Farm.
Staff recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to authorize Resolution
#2784 on recommendation of Staff. Motion
carried: 7 Yeas; 0 Nays.
88-47A-200-192
(20.) Consider Resolution #2785 authorizing the Mayor
to execute a Utility Joint -Use Agreement for
portions of I-27.
RESOLUTION #2785
201
March 24, 1988
RESOLUTION #2785
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 7 Utility Joint Use Agreements 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 24th day of March, 1988.
ATTEST:
Lsl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
LsL Ed Bucv
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
LsL Donald G. Vandiver
Donald Gi. Vandiver, First Assistant
Cite Attorney
88-4'7A-201.-193
(21.)
/s/ B. C.McMinn.
B. C. McMINN, MAYOR
This Resolution authorizes the Mayor to sign an
Agreement between the City and the Texas
Department of Highways and Public Transportation.
This Agreement allows the City (LP&L) to relocate
all of their utilities within the new I-27 Right -
of -Way. The normal procedure is, when a utility
is to cross or go along the highway right-of-way,
a request is forwarded to the Highway Department
for their approval. With this Agreement, the
utilities can be installed in the I-27 Right -of -
Way without further utility crossing permits.
This Agreement is for the location of utilities
from 40th Street south to 79th Street along the
I-27 route. Staff recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips authorizing Resolution
#2785 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
Company.
RESOLUTION #27B5
RESOLUTION #2785
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
202
March 24, 1988
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 (as Sublessee), a Sublease Agreement covering 320 acres of
land with Powell Adams and Tommy Adams d/b/a Adams Seed Far, a
partnership, (as Sublessor), 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 24th day of March, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
LsL Ed Bucv
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
LsL J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
This Resolution authorizes the Mayor to sign a
Sub -Lease Agreement for 320 acres of additional
land to distribute effluent sewer water for 1988.
The owners of this property are W.A. and C.E.
Holeman, and since they have leased this property
to Powell and Tommy Adams, Staff proposed to sub-
lease this tract of land from the Adams. The
Lease rate for the 1988 year will be $125 per
acre for a total of $40,000. This property is
located between East 19th Street and East 34th
Street, just north of the City of Lubbock's main
sewer farm. Staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo authorizing Resolution
#2786 on recommendation of Staff. Motion
carried: 7 Yeas; 0 Nays.
88-47A-202-194
(22.) Consider Resolution #2787 authorizing the Mayo
to execute an Affordable Housing Agreement with
the U.S. Department of Housing and Urban
Development and the West Texas Home Builders.
RESOLUTION #2787
RESOLUTION #2787
WHEREAS, the City of Lubbock is committed to the Redevelopment
of the Coronado Area as witnessed by the commissioning of a
Neighborhood Redevelopment Study in January 1987; and
WHEREAS, since that time the City has allocated over $270,000.00
of Neighborhood Improvement projects for the area; and
203
March 24, 1988
WHEREAS, the City of Lubbock is continually researching methods
to accelerate redevelopment of new housing in the area as witnessed
by the commissioning in May 1987 of valuation appraisals of all
publicly held vacant lots in the neighborhood along with
recommendations for accelerating the disposition of these lots as
sites for new construction; and
WHEREAS, the U.S. Department of Housing and Urban Development
encourages local governments to band together with the local Federal
Housing Administration Office and local builders to work together in
a joint venture for affordable housing;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK:
Section 1. THAT the City of Lubbock being interested in
cooperating with Federal, State and private industry in making
available affordable housing for the citizens of Lubbock hereby
authorize a Joint Venture for Affordable Housing to be filed with the
U. S. Department of Housing and Urban Development.
Section 2. THAT the City Council directs and designates the
Mayor as the City's Chief Executive Officer and Authorized
Representative to act in all matters in connection with the City's
participation in the Joint Venture for Affordable Housing.
Passed by the City Council this 24th day of March, 1988.
Is1 B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Rane tte Boyd, City Secretary
APPROVED AS TO CONTENT:
LPL Sandy Ogletree
Sandy Ogletree, Community
Development Administrator
APPROVED AS TO FORM:
/s/ James P. Brewster
James P. Brewster
Civil Trial Attorney
Gene Whitney, Manager of the Lubbock HUD office,
and Mr. George Jackson of West Texas Home
Builders Association on a Joint Venture for
Affordable Housing spoke in support of this
Agreement and praised the City Staff for their
work. This Joint Venture will designate the
Coronado Neighborhood Area as an Affordable
Housing Area. This Agreement will further
support the efforts of redevelopment in the area,
especially the residential construction component
of the Plan. The designation as an affordable
housing area will increase the awareness of the
area and the profile of the community.
The Joint Venture Program encourages local
government and builders to work together to
demonstrate that the cost of well -designed and
attractive housing can be reduced by making minor
changes in local regulations. This collective
effort by public and private sector groups will
204
March 24, 1988
show a commitment for creating more affordable
housing without sacrificing quality. The
Agreement is to be executed between three
parties; HUD, the City, and the West Texas Home
Builders Association. The Resolution authorizing
the Agreement summarizes some of the efforts and
projects which serve as the foundation of the
Coronado Redevelopment Area. The Agreement
stipulates the cost -reducing techniques which may
be applied to the construction of new housing in
the area.
The listings of "Construction Modifications for
Low Income Housing" in the Joint Venture
Agreement are alternative techniques, but are not
binding or mandatory on any builder. This
Agreement basically calls attention to techniques
for lowering the cost of housing, without
jeopardizing structural integrity.
The cost saving techniques which are listed are
in compliance with the City's Building Code and
FHA standards. Many of these techniques are
standard practices in the CD funded redevelopment
houses in the Arnett Benson Neighborhood.
Currently, houses can be built for $32,000 -
$40,000 depending on the amenities and size of
the house. This is at the bottom of the range
when discussing affordability on a national
scale. Homeowners in Lubbock can enjoy standard -
sized lots and on -site development and still have
affordable housing goals.
It is a major concern that the quality of the
houses be maintained and that future problems are
not created by substandard construction. The
current proposal has been reviewed by the City
and FHA Staffs and the proposed techniques should
not compromise the integrity of the construction.
The redevelopment of the Coronado Area continues
to be a major focus for the Community Development
Staff. The execution of this Joint Venture
Agreement is one additional tool which can be
utilized in that redevelopment effort.
The urban Renewal Agency Board of Commissioners
reviewed this Agreement at their March 15
meeting, since they have such a significant
interest also in the area.
Staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilman Phillips to authorize Resolution
#2787 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
88-4.7A-204-195
(23.) Consider Resolution #2788 authorizing the Mayor
to execute and submit the 1988 Emergency Shelter
Grant Application and all related documents.
RESOLUTION #2788
205
March 24, 1988
RESOLUTION #2788
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock an Emergency Shelter Grant Application for the year 1988 and
all related documents, which Application is attached herewith, and
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 24th day of March, 1988.
Is/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Is/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Sandy Ogletree
Sandy Ogletree, Community
Development Administrator
APPROVED AS TO FORM:
ZsL James P. Brewster
James P. Brewster
Civil Trial Attorney
The City of Lubbock was notified that it is
eligible to receive Grant funds under the 1988
Emergency Shelter Grant Program funded by the
Department of Housing and Urban Development
(HUD). The City's Grant allocation is in the
amount of $6,000.
The Emergency Shelter Grant Program will provide
assistance to the homeless through eligible
activities, including: the rehabilitation or
conversion of buildings for use as emergency
shelters for the homeless; the payment of certain
operating expenses; and the payment of expenses
for essential services in connection with
emergency shelters for the homeless. No more
than 15% of the Grant may be utilized for the
payment of essential services without a waiver
from HUD. There is a matching component which
requires that the City of Lubbock or a non-profit
subrecipient match the amount of the Grant with
either direct or indirect contributions.
It was proposed that the City of Lubbock submit a
Grant Application for the $6,000 for the
provision of assistance to the homeless.
Following the receipt of the Grant, the City will
fund a non-profit agency which assists the home-
less. The agency funded through the Emergency
Shelter Grant will be required to provide the
matching funds, through either direct or indirect
contributions.
206
March 24, 1988
88-47A-206-196
(24.)
Staff recommended approval.
Motion was made by Councilman Nash, seconded by
Councilwoman Trejo authorizing Resolution 42788
on recommendation of Staff. Motion carried: 7
Yeas; 0 Nays.
RESOLUTION 42789-A
RESOLUTION #2789-A
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock an application for a grant, under the Department of
Transportation, Urban Mass Transportation Act of 1964, as amended, to
provide for Capital Assistance, Technical Studies, and Operating
Assistance for the period of time from October 1, 1988 through
September 30, 1989, 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 24th day of March, 1988.
/s/ B. C.McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry V. Hoffman
Larry Hoffman
Director of Transportation
APPROVED AS TO FORM:
/s/�}. Worth Fullingim
J. Worth Fullingim
Assistant City Attorney
AUTHORIZING RESOLUTION 42789-B
Resolution authorizing the filing of an application with the
Department of Transportation, United States of America, for a grant
under the Urban Mass Transportation Act of 1964, as amended:
WHEREAS, the Secretary of Transportation is authorized to make grants
for a mass transportation program of projects:
WHEREAS, the contract for financial assistance will impose certain
obligations upon the applicant, including the provision by it of the
local share of the project costs in the program:
March 24, 1988
207
WHEREAS, it is required by the U.S. Department of Transportation in
accord with the provisions of Title VI of the Civil Rights Act of
1964, that in connection with the filing of an application for
assistance under the Urban Mass Transportation Act of 1964, as
amended, the applicant give an assurance that it will comply with
Title VI of the Civil Rights Act of 1964 and the U. S. Department of
Transportation requirements thereunder; and
WHEREAS, it is the goal of the applicant that minority business
enterprises be utilized to the fullest extent possible in connection
with this project, and that definite procedures shall be established
and administered to ensure that minority business shall have the
maximum construction contracts, supplies, equipment contracts, or
consultant and other services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS,
ON 'THIS 24TH DAY OF MARCH, 1988, AS FOLLOWS:
1. That the MAYOR is authorized to execute and file an
application on behalf of the CITY OF LUBBOCK, TEXAS, with the U.S.
Department of Transportation to aid in the financing of planning,
capital and/or operating assistance projects pursuant to Section 9 of
the Urban Mass Transportation Act of 1964, as amended.
2. That the MAYOR is authorized to execute and file with such
application an assurance of any other document required by the U.S.
Department of Transportation effectuating the purposes of Title VI of
the Civil Rights Act of 1964.
3. That the GENERAL MANAGER of CITY TRANSIT MANAGEMENT CO.,
INC., is authorized to furnish such additional information as the
U.S. Department of Transportation may require in connection with the
application for the program of projects.
4. That the MAYOR is authorized to set forth and execute
affirmative minority business policies in connection with the program
of projects' procurement needs.
5. That the MAYOR is authorized to set forth and execute grant
agreements on behalf of the CITY OF LUBBOCK, TEXAS, with the U.S.
Department of Transportative for aid in the financing of the
planning, capital, and/or operating assistance program of projects.
6. That this RESOLUTION shall take effect immediately upon its
adoption.
Passed by the City Council this 24th day of March, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
ZsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsL Larry V. Hoffman
Larry Hoffman
Director of Transportation
APPROVED AS TO FORM:
ZsL J. Worth Fullingim
J. Worth Fullingim
Assistant City Attorney
March 24, 1988
The approval of this Grant is needed to continue
the current level of service for Fiscal Year
1988-89.
Notices were published on February 23, 1988, and
March 11, 1988, giving the general public an
opportunity to comment on this application and no
comments were received.
The Capital Assistance portion of the Grant is
80% federally funded and 20% locally funded. If
State funds are available for 13% of the total
Project cost (65% of the local share), the City
will seek State funding. The capital items to be
purchased will be used to maintain the current
level of service and are as follow:
Bus shelters and turnouts
$ 75,000
Three lift -equipped vans
96,000
Power scrubber
8,000
Power sweeper
8,000
Fleet charging unit
300
Sand blasting unit
5,000
Drill press
350
Band saw
400
Hood for brake lathe
550
Electric/hydraulic personnel lift
5,000
Contingencies (5%)
9,930
Administration
8,341
$216,871
A brief description and justification is as
follows:
Purchase and install bus sheltersjturnouts.
Texas Tech University has requested additional
shelters and turnouts on the campus and has
agreed to pay the local share of this item. The
total estimated cost is $75,000.
Purchase three lift -equipped -vans.
These vans will be used to replace the three 1984
vans currently in operation. These vans have
average mileage of 108,000 miles and are in need
of replacement. The total estimated cost is
$96,000.
Purchase power scrubber.
This unit will be used to replace the existing
eight year old unit, which is in need of constant
repair. Estimated replacement cost is $8,000.
Purchase power sweeper._
This unit will be used to replace Citibus'
existing power sweeper, which is in need of
constant repair. The estimated cost of this unit
is $8,000.
Purchase fleet charging unit.
This unit will be used to facilitate charging
batteries on Citibus' vehicles; the estimated
purchase price is $300.
Purchase sand blasting. unit.
March 24, 1988 209
This unit will be used to clean wheels and heads.
Purchase of a unit is more cost effective than
having the work done by a private provider; the
estimated purchase price is $5,000.
Purchase drill press.
This unit, a 16-speed, floor -mounted model, will
replace the existing unit, a 5-speed, table -
mounted one. The existing unit has worn out and
replacement costs are estimated at $350.
Purchase band saw.
The existing band saw is eight years old and not
usable. Replacement costs are estimated at $400.
Purchase hood for brake lathe.
Purchase of this unit will isolate dust while
cutting brake blocks, thus providing a safer work
environment. The purchase of it is estimated to
cost $550.
Purchase electricjhydraulic personnel lift.
This equipment is needed to facilitate replacing
light bulbs and repairing heating units in the
shop area, and working on the tops of the buses.
Use of a personnel lift would allow work to be
completed in a safe manner, and the purchase
price is estimated at $5,000.
The total estimated cost of the Capital
Assistance portion of the Grant is $216,871, of
which $173,497 will be provided by the Federal
Government, $28,374 by the City of Lubbock, and
$15,000 by Texas Tech University.
The Technical Studies portion of the Grant is
required in order to maintain eligibility for
Capital and Operating funding. This portion of
the Grant is 80% federally funded and 20% locally
funded; $60,000 will be funded by the Federal
Government and $15,000 will be provided by the
City of Lubbock. These funds will be used to
fund the transit planning activities as defined
in the Fiscal Year 1989 Unified Work Program and
outlined as follows:
Alternative Financial and Operational Scenarios.
A. Maintain a Five Year Financial Plan and
an Operation Contingency Plan. The
Financial Plan defines the amount of
resources required to continue the
current level of service in the future.
The Contingency Plan provides an imple-
mentation plan in the event of a
reduction in or loss of Federal
operating assistance. Identification
of new funding sources and proposed
fare structures and service level
changes would include appropriate
private sector participation.
214
March 24, 1988
B. Funding
UMTA $14,800
City of Lubbock 3,700
*Total $18,500
*25% of total budget
Monitor System and Service Devela ment.
A. Conduct an ongoing program of monitoring and
evaluating the efficiency of the system's
route and schedule, maintenance, and
management's performance. Periodic
comprehensive analyses and special, one-time
projects/studies will complement the ongoing
program.
B. Funding
UMTA $ 6,000
City of Lubbock 1,500
*Total $ 7,500
*10% of Project budget
Maintenance of Eligibility
A. Prepare and/or coordinate activities in the
areas of: Title VI Certification,
Disadvantaged Business Enterprise
Participation, Section 504, Fiscal Year
1990's UWP and TIP.
B. Funding
UMTA $ 6,000
City of Lubbock 1,500
*Total $ 7,500
*10% of Project budget
eveloo a Comprehensive. Lonq-Rance Service Plan.
A. In developing a Service Plan prior to an
election for sales tax funding for transit,
perform comprehensive on -board and phone
surveys regarding the needs for and attitudes
toward mass transit in Lubbock. The survey
results will be used to develop a
comprehensive long-range Service Plan,
working with two scenarios --without a sales
tax for transit, and with such a tax. The
final report will contain demographic data,
surveys and results, phased -in service
expansion plans, long range estimates of
operating expenses, long range capital needs,
and provisions for appropriate private sector
participation. Additional personnel will be
hired to complete this portion of the
Project.
March 24, 1988 2 11
B. Funding
UMTA $27,700
City of Lubbock 6.804
*Total $34,500
*45% of Project budget
Purchase IBM [or compatible] Computer System.
A. Purchase a computer system - including
hardware and software, appropriate
printing/publishing capabilities, training,
and accessories - to assist in all phases of
technical study/planning activities,
including date management, financial
analysis, monitoring of the system, service
development, and alternative financial and
operational scenarios.
B. Funding
UMTA $ 6,000
City of Lubbock 1.50
*Total $ 7,500
*10% of Project budget
The Operating Assistance portion of the Grant is
funded by a 50% federal share and a 50% local
share. The operating portion of the Grant, as
submitted, will include a local share of
$850,000, of which $558,900 will be provided by
the City of Lubbock, $280,100 by Texas Tech
University Student Funds, and $11,000 by route
guarantees.
At their March 8, 1988 meeting, the Lubbock
Public Transit Advisory Board recommended that
the City submit this application to the Urban
Mass Transit Administration. Staff recommended
approval of the application.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to authorize Resolution
#2789 on recommendation of Staff. Motion
carried: 7 Yeas; 0 Nays.
88- 47A-211-197
(25.) Consider Resolution #2790 authorizing the Mayor
to sign a Contract with Texas TechUniversity_ for
campus bus service.
RESOLUTION #2790
RESOLUTION #2790
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 for bus service on the campus of Texas Tech
University at Lubbock, Texas, and City Transit Management Company,
Inc., 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.
212
March 24, 1988
Passed by the City Council this 24th day of March, 1988.
/s1 B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Is1 Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
LsJ Larry V. Hoffman
Larry Hoffman
Director of Transportation
APPROVED AS TO FORM:
I s1 J. Worth Ful 1 i ngi m
J. Worth Fullingim
Assistant City Attorney
The Contract with Texas Tech University for
Transit Services is for the period from August
29, 1988, through August 31, 1989. The Contract
cost per hour is recommended to be $27 for each
bus hour with a fuel cost adjustment below or
above $1.05 per gallon. The base rate of the
current base rate is $26 per bus hour, the cost
of service justifies the $1 per bus hour
increase. Texas Tech has approved this revision.
Staff recommended approval.
Motion was made by Councilwoman Trejo, seconded
by Councilman Patterson authorizing Resolution
#2790 on recommendation of Staff. Motion
carried: 7 Yeas; 0 Hays.
88-47A-212-198
(26.) Consider Resolution #2791 authorizing the Mayor
to sign a Contract with a Golf Course Architect
for Meadowbrook Golf Course.
RESOLUTION #2791
RESOLUTION #2791
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a contract between the City of Lubbock and Lohmann Golf
Design, Inc., for professional architectural design services for
renovation and improvements on Meadowbrook Golf Course, City of
Lubbock, Lubbock County, Texas, attached herewith, which shall be
213
March 24, 1988
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 24th day of March, 1988.
Is/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Is/ Ranette_ Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Rita Harmon
Rita Harmon, Assistant City Manager
for Public Safety and Services
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Full ingim
Assistant City Attorney
Included in the 1988 Bond Sale are $750,000 of
Certificates of Obligation for the golf course
improvements to include concrete cart paths,
restrooms, drainage improvements and a practice
green. Staff felt it would be essential to have
a Master Plan completed for the golf course in
conjunction with the work proposed so that the
location of the improvements would be compatible
with the long range plan for the course.
A request for proposals was advertised locally
and sent to local architects and planners and 70
national firms of golf course architects/planners
compiled by the National Golf Foundation.
Thirteen proposals were submitted to the City for
golf course design services to include renovation
of selected areas and a Master Plan for future
development.
The Committee recommended that Staff enter into a
Contract with the firm of Lohmann Golf Design
based on a rate per hour plus expenses for a
maximum of $62,000. Lohmann Golf has completed
19 golf course designs for master plans plus an
additional 37 projects for new construction or
renovation. Mr. Lohmann has visited Meadowbrook
twice to do fact finding for the Project; he is a
registered member of the American Golf Course
Architects Association and a registered landscape
architect with the State of Texas. The Engineer
for the drainage improvements will be Hugo Reed.
It was Staff's objective to keep the fee
approximately $45,000 by doing some of the major
improvements in-house. The maximum fee of
$62,000, based on the fee schedule submitted by
Lohmann Golf Design, included the Master Plan, as
well as the bids, specifications and inspection
of the construction of the cart path, restrooms,
drainage improvement, and practice greens.
214
March 24, 1988
88-47A-214-199
( 4.)
88- 47A-214-200
(27..)
The Architect would be responsible for the
development of the Master Plan, the bids and
specifications of the drainage improvements and
golf course hole redesign, and the inspection of
the selected drainage and course renovation.
After all the drainage and course improvements
have been identified, they will be prioritized
and implemented as funds are available. The
Architect will oversee those drainage and course
renovation items which can be completed within
the 1988 bond sale funding level.
The Park Development Section will be responsible
for bidding and construction of the restrooms and
cart paths after the Master Plan is completed.
Design and construction of this Project will be
funded by C.O.'s, to be sold in April, 1988.
Construction phase is projected to begin
September 15, 1988, ending April 1, 1989.
Staff recommended that Council approve a Contract
with Lohmann Golf Design.
Motion was made by Councilman Nash, seconded by
Councilman Patterson to authorize Resolution
#2791 on recommendation of Staff. Motion
carried: 7 Yeas; 0 Nays.
Gary Mauro appeared to present a Certificate of
Appreciation to the City Council in recognition
of City of Lubbock cooperation with the Veteran's
Land Bank in informing area veterans about this
Program through use of utility stuffers.
RESOLUTION
RESOLUTION #2792
WHEREAS, the City Council of the City of Lubbock deems it to be
in the best interest of the citizens of the City of Lubbock and the
South Plains region to participate in the South Plains Regional
Narcotics Task Force with other area cities, towns, counties and law
enforcement agencies; and
WHEREAS, it is believed that said Task Force will be beneficial
in the coordination and control of narcotics related crime in the
South Plains Region; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
March 24, 1988 2 1
THAT the City Council of the City of Lubbock, Texas, hereby
authorizes and directs the Mayor of the City of Lubbock to sign any
and all South Plains Regional Narcotic Task Force Agreements which
are forwarded to the City of Lubbock by South Plains cities, towns,
counties and law enforcement agencies desiring to participate in the
South Plains Regional Narcotics Task Force. A copy of the form
Agreement is 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 24th day of March, 1988.
s B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Thomas J. Nichols
Thomas J. Nichols, Chief of Police
APPROVED AS TO FORM:
Is/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
Cite Attorney
In December, 1987, the Lubbock Police Department
received notice of a $210,717 Grant award from
the Criminal Justice Division of the Governor's
Office. This Grant funds the South Plains
Regional Narcotics Task Force, a unit of four
Lubbock Police Officers to work in cooperation
with other law enforcement agencies within the
SPAG 14-county service area. The focus of this
effort is narcotics trafficking on the South
Plains.
As a condition of the Grant, Interlocal Coopera-
tion Agreements for Mutual Aid in narcotics
investigations must be executed between
participating law enforcement agencies. These
Agreements will allow the Task Force to respond
to requests that are deemed to be necessary and
appropriate to meet the objectives of the Task
Force Grant and will be for work in conjunction
with narcotics matters only. This does not
include other general law enforcement matters and
standard types of reimbursements for mutual aid,
included in these Agreements. They can be
terminated upon 30 days' written notice by either
party.
Staff recommended approval of these Interlocal
Cooperation Agreements.
Motion was made by Councilman Nash, seconded by
Mayor Pro Tem Baker authorizing Resolution #2792
as recommended by Staff. Motion carried: 1
Yeas; 0 Nays.
216
March 24, 1988
88- 4 7A-216- 201
(28.)
RESOLUTION #2793
RESOLUTION #2793
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 Pipe Line License Agreement to be entered by and between
the City of Lubbock (as Licensee) and the Atchison, Topeka, and Santa
Fe Railway Company (as Licensor) concerning five pipelines to be
constructed and maintained by said City over, upon, under, along and
across Licensor's right-of-way, being two sanitary sewer pipelines
and three potable water pipelines at locations, and of such sizes as
described in said agreement, 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 24th day of March, 1988.
Is1 B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Ls/ Wilford Watson
Wilford Watson, Chief Water
Utilities Engineer
APPROVED AS TO FORM:
Is1 J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
This is the License for utilities relocated for
I-27 construction with a one-time fee of $1,200.
Staff recommended this Resolution and the
Agreement.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize Resolution
#2793 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
88-47A-216-202
(29.) Consider Resolution #2794 authorizing the Mayor
to execute an -Agreement for Electrical Service
for Bailey County Electric Co -Operative
Association.
RESOLUTION #2794
RESOLUTION #2794
217
March 24, 1988
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 (as Owner -Consumer) and Bailey County Electric Cooperative
Association (As Seller -Electrical Utility Service Provider); one
agreement being for the construction and extension of the electrical
service line to said City's Bailey County Well Field, and the other
agreement being for the regular electrical service agreement covering
such extended service to said well field, 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 2AJh day of March, 1988.
s B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZSL Wilford Watson
Wilford Watson, Chief Water
Utilities Engineer
APPROVED AS TO FORM:
LsL J. Worth Fullingim
J. Worth Fullingim, Assistant City Attorney
The Bailey County Electric Co -Op Association is
the utility authorized to provide service for the
western part of the Bailey wellfield. The cost
of construction of the line to provide the
service to seven wells is $70,585.10. This con-
struction will complete the Project of drilling
16 wells in the Sand Hills wellfield. Staff
recommended this Resolution and the Contract.
Motion was made by Councilman Patterson, seconded
by Councilman Phillips authorizing Resolution
#2794 on recommendation of Staff. Motion
carried: 7 Yeas; D Nays.
88- 47A-217-203
(30.) Consider Resolution #2795 authorizing the Mayor
to sign an Engineering Agreement with Parkhill,
Smith and Cooper, Inc.
RESOLUTION #2795
RESOLUTION #2795
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock an Agreement with the professional engineering firm of
218
March 24, 1988
Parkhill, Smith and Cooper, Inc. for their furnishing engineering
services to the City of Lubbock for sanitary sewer improvements to
said City's sanitary sewer system, attached herewith, which shall be
spread upon the minutes of the Council and as spread upon the minutes
of this Council shall constitute and be a part of this Resolution as
if fully copied herein in detail.
Passed by the City Council this 24th day of March, 1988.
Is1 B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
ZsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is/ Wilford Watson
Wilford 'Watson, Chief Water
Utilities. Engineer
APPROVED AS TO FORM:
Is/ J. Worth Fullingim
J. Worth Fullingim, Assistant City
Attorney
This is the Engineering Services Contract for the
Facilities Plan of the sewer farm for the
Amendment to the application for a Waste
Discharge Permit from the Texas Water Commission.
These services will include the facilities
necessary for the period of the Permit and an
evaluation of improvements necessary at the Water
Reclamation Plant. The Contract will also
provide an option for the design and construction
phase of the sewer farm improvements. This
Contract is based on an hourly rate for the
engineering services with a maximum amount.
Staff recommended this Contract.
Motion was made by Councilman Carpenter, seconded
by Councilwoman Trejo to authorize Resolution
#2795 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
884'7A-218-204
(31.) Consider Resolution #2796 authorizing the Mayor
to sign a Contract with Reed and Associates for
various water quality studies.
RESOLUTION #2796
RESOLUTION #2796
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 for Services by and between the City of Lubbock
and Reed & Associates, Inc. to perform a surface water analysis
219
March 24, 1988
including ground water inflow at Yellowhouse Canyon, 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 24th day of March, 1988.
s B. C. McMinn
B. C. MCMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
ZsL Bob Cass
Bob Cass, Deputy City Manager
APPROVED AS TO FORM:
ZsL Dennis W. McGill
Dennis W. McGill, Assistant Civil
Attorney
As a part of the City's Wastewater Permit renewal
application, Frank Booth recommended that Staff
Contract with Reed and Associates for two basic
purposes:
1. Surface Water Study -- Water pumped from
ground water wells on the Gray farm is used
for the purposes of supplying the Canyon
Lakes system. In addition, there are a
variety of springs located on the rim below
the Gray farm which feed into the river. In
order to address the contentions that
Lubbock's irrigation practices are having
some deleterious effect on the quality of
surface water on and near the Gray farm, Mr.
Booth recommended a Study of all water
contributed to this section of the river be
conducted. A major part of the Study would
include the analysis of "priority pollutants"
(heavy metals, etc.) that might possibly be
in the effluent from our wastewater treatment
plant. While Staff does not expect to find
any of these in the treated effluent, Mr.
Booth indicates that Staff would be well
advised to establish that baseline data now
in order to head off any future problems with
permit applications.
The City has for some time contracted with Texas
Tech for the purposes of studying the Canyon
Lakes water quality. Staff will work closely
with Reed and Associates to be certain there is
no duplication of the efforts. Should there be
duplication, Staff would eliminate that effort
from the scope of Mr. Reed's work and would
reduce his fee.
220
March 24, 1988
88 - 4 7A- 220- 2 05
(32.)
2. Irrigated Land Location -- As Staff work with
Civil Engineers in putting the City's Revised
Permit Application together, it has become
apparent that there is a need for a firm with
hydrologic experience to assist in designing
terminal storage reservoirs, monitoring
wells, and application rates. Also, such
expertise will be necessary to assist in
establishing baseline data (presence of heavy
metals, nitrates, etc.) in the groundwater
for any new lands that may need to be
acquired.
Information obtained during this Study will be
documented in report form for inclusion in the
Amended Permit Application. Projected date for
completion of this Study will be prior to the May
deadline for submittal to the Texas Water
Commission.
The Contract is not to exceed $64,400 and could
be less, depending on the amount of hours that
Mr. Reed's efforts will require. Since much of
this work is an integral part of the Permit
Renewal Application, Staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilman Phillips authorizing Resolution
#2796 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
RESOLUTION #2797
RESOLUTION #2797
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS,
RELATING TO THE ISSUANCE AND SALE OF $6,560,000 "CITY OF LUBBOCK,
TEXAS GENERAL OBLIGATION BONDS, SERIES 1988"; $17,000,000 "CITY OF
LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS, SERIES
198811; AND $750,000 "CITY OF LUBBOCK, TEXAS, CDMBINATION TAX AND GOLF
COURSE REVENUE CERTIFICATES OF OBLIGATION, SERIES 1988", AUTHORIZING
THE PUBLICATION DF THE NOTICES OF SALE PERTAINING TO EACH ISSUE OF
OBLIGATIONS AND DECLARING AN EMERGENCY.
WHEREAS, Notices of Sale have been prepared by First Southwest
Company, the City's financial advisor, in connection with the
issuance and sale of $6,560,000 "CITY OF LUBBOCK, TEXAS GENERAL
OBLIGATION BONDS, SERIES 1988"; $17,000,000 "CITY OF LUBBOCK, TEXAS,
ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS, SERIFS 1988"; AND
$750,000 "CITY OF LUBBOCK, TEXAS, COMBINATION TAX AND GOLF COURSE
REVENUE CERTIFICATES OF OBLIGATION, SERIES 1988", and submitted to
the Council and staff of the City for review and comments; and
WHEREAS, the Council finds and determines that the aforesaid
documents pertaining to the sale of each issue of obligations should
be approved and authorization should be given to the City Secretary
to proceed with the publication of an advertisement for the sale of
the obligations in accordance with Article VIII, Section 5 of the
City Charter of the City; and
March 24, 1988
221
WHEREAS, it is hereby determined that the necessity for the
immediate preservation of the public peace, property, health or
safety of the citizens of the City of Lubbock and to serve the best
interest of the City of Lubbock by providing the improvements to be
financed by the sale of obligations at the earliest possible date
constitute and create an emergency and an urgent public necessity
requiring the suspension of any rules providing for ordinances or
resolutions to be read more than one time or at more than one meeting
of the City Council and that this Resolution be declared an emergency
measure to become effective immediately from and after its passage;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: That the Notice of Sale prepared in connection with
the issuance and sale of $6,560,000 "CITY OF LUBBOCK, TEXAS GENERAL
OBLIGATION BONDS, SERIES 1988" is hereby approved, such document
being attached hereto as Exhibit A and incorporated herein by
reference and made a part of this resolution for all purposes.
SECTION 2. That the Notice of Sale prepared in connection with
the issuance and sale of $17,000,000 "CITY OF LUBBOCK, TEXAS,
ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS, SERIES 1988" is hereby
approved, such document being attached hereto as Exhibit B and
incorporated herein by reference and made a part of this resolution
for all purposes.
SECTION 3. That the Notice of Sale prepared in connection with
the issuance and sale of $750,000 "CITY OF LUBBOCK, TEXAS,
COMBINATION TAX AND GOLF COURSE REVENUE CERTIFICATES OF OBLIGATION,
SERIES 1988" is hereby approved , such document being attached hereto
as Exhibit C and incorporated herein by reference and made a part of
this resolution for all purposes.
SECTION 4. First Southwest Company is further authorized and
directed to prepare for each issue of obligations an "Official
Statement" and an additional "Note of Sale," both of which are for
distribution to prospective bidders with respect to said obligations.
SECTION 5. That the fact that it is necessary for the immediate
preservation of the public peace, property, health, or safety of the
citizens of the City of Lubbock and in the best interests of the City
of Lubbock to provide for improvements to be made with the proceeds
from the sale of the obligations herein described at the earliest
possible date constitute and create an emergency and an urgent public
necessity requiring the suspension of any rules providing for
ordinances and resolutions to be read more than one time or at more
than one meeting of the City Council, and such rules and provisions
are accordingly suspended, and this Resolution is declared to be an
emergency measure, and shall take effect and be in full force
immediately from and after its passage on the date shown below.
PASSED AND APPROVED, this the 24th day of March, 1988.
ATTEST:
J Ranette Boyd
Ranette Boyd, City Secretary
(City Seal)
Is1 B. C. McMinn
B. C. McMinn, Mayor
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to authorize Resolution
#2797 as recommended by Staff. Lotion carried:
7 Yeas; 0 Nays.
222
March 24, 1988
88- 47A-222-206
(33.)
emergence.
RESOLUTION_ 72 98-A
RESOLUTION #2798-A
A resolution by the City Council of the City of Lubbock, Texas,
relating to the issuance and sale of $6,560,000 "CITY OF LUBBOCK,
TEXAS GENERAL OBLIGATION BONDS, SERIES 19881t; $17,000,000 "CITY OF
LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS, SERIES
1988"; AND $750,000 "CITY OF LUBBOCK, TEXAS, COMBINATION TAX AND GOLF
COURSE REVENUE CERTIFICATES OF OBLIGATION, SERIES 1988" including the
approval and distribution of a Notice of Sale and an Official
Statement, and declaring an emergency.
WHEREAS, a Notice of Sale and an Official Statement have been
prepared by First Southwest Company, in connection with the issuance
and sale of $6,560,000 "CITY OF LUBBOCK, TEXAS GENERAL OBLIGATION
BONDS, SERIES 1988"; $17,000,000 "CITY OF LUBBOCK, TEXAS, ELECTRIC
LIGHT AND POWER SYSTEM REVENUE BONDS, SERIES 1988"; AND $750,000
"CITY OF LUBBOCK, TEXAS, COMBINATION TAX AND GOLF COURSE REVENUE
CERTIFICATES OF OBLIGATION, SERIES 1988" and submitted to the Council
and staff of the City for review and comments; and
WHEREAS, the Council further finds and determines that the
aforesaid documents pertaining to the sale of such obligations should
be approved and authorization should be given to the City's financial
advisor to proceed with the distribution of such documents for the
purpose of soliciting bids for the purchase of said obligations; and
WHEREAS, it is hereby determined that the necessity for the
immediate preservation of the public peace, property, health or
safety of the citizens of the City of Lubbock and to serve the best
interest of the City of Lubbock by providing the improvements to be
financed by the sale of obligations at the earliest possible date
constitute and create an emergency and an urgent public necessity
requiring the suspension of any rules providing for ordinances or
resolutions to be read more than one time or at more than one meeting
of the City Council and that this Resolution be declared an emergency
measure to become effective immediately from and after its passage;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. That the Notice of Sale and the Dfficial Statement
prepared in connection with the issuance and sale of $6,560,000 "CITY
OF LUBBOCK, TEXAS GENERAL OBLIGATION BONDS, SERIES 198811; $17,000,000
"CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE
BONDS, SERIES 1988"; AND $750,000 "CITY OF LUBBOCK, TEXAS,
COMBINATION TAX AND GOLF COURSE REVENUE CERTIFICATES OF OBLIGATION,
SERIES 1988" is hereby approved, such document being on file in the
office of the City Secretary and incorporated herein by reference as
part: of this resolution for all purposes.
SECTION 2. That the City's financial advisor is hereby
authorized and directed to proceed with the mailing and distribution
of said Notice of Sale and Official Statement for purposes of
soliiciting bids for the purchase of said obligations.
March 24, 1988 223
SECTION 3. That the fact that it is necessary for the immediate
preservation of the public peace, property, health, or safety of the
citizens of the City of Lubbock and the best interest of the City of
Lubbock to provide funds for the improvements to be financed by the
issuance and sale of the obligations at the earliest possible date
constitute and create an emergency and an urgent public necessity
requiring the suspension of any rules providing for ordinances and
resolutions to be read more than one time or at more than one meeting
of the City Council, and such rules and provisions are accordingly
suspended, and this Resolution is declared to be an emergency
measure, and shall take effect and be in full force immediately from
and after its passage on the date shown below.
PASSED AND APPROVED, this the 24th day of March, 1988.
ATTEST:
Is1 B. C. McMinn
B. C. McMinn, Mayor
Is1 Ranette Boyd
Ranet4e Boyd, City Secretary
(Citty Seal)
RESOLUTION #2798-B
RESOLUTION #2798-B
A resolution by the City Council of the City of Lubbock, Texas,
relating to the issuance and sale of $17,000,000 "CITY OF LUBBOCK,
TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS, SERIES 1988",
including the approval and distribution of a Notice of Sale and an
Official Statement, and declaring an emergency.
WHEREAS, a Notice of Sale and an Official Statement have been
preisared by First Southwest Company, in connection with the issuance
and sale of $17,000,000 "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND
POWER SYSTEM REVENUE BONDS, SERIES 1988" and submitted to the Council
and staff of the City for review and comments; and
WHEREAS, the Council hereby finds and determines that the
information and data contained in such Official Statement pertaining
to the City and its financial affairs is true and correct in all
material respects and no material facts have been omitted therefrom
which are necessary to make the statements therein, in the light of
the circumstances under which they were made, not misleading; and
WHEREAS, the Council further finds and determines that the
aforesaid documents pertaining to the sale of such obligations should
be approved and authorization should be given to the City's financial
adviisor to proceed with the distribution of such documents for the
purpose of soliciting bids for the purchase of said obligations; and
WHEREAS, it is hereby determined that the necessity for the
immediate preservation of the public peace, property, health or
safety of the citizens of the City of Lubbock and to serve the best
interest of the City of Lubbock by providing the improvements to be
financed by the sale of obligations at the earliest possible date
constitute and create an emergency and an urgent public necessity
requiring the suspension of any rules providing for ordinances or
resolutions to be read more than one time or at more than one meeting
of the City Council and that this Resolution be declared an emergency
measure to become effective immediately from and after its passage;
now, therefore,
224
March 24, 1988
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. That the Notice of Sale and the Official Statement
prepared in connection with the issuance and sale of $17,000,000
"CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE
BONDS, SERIES 1988" are hereby approved, such documents being on file
in the office of the City Secretary and incorporated herein by
reference as a part of this resolution for all purposes.
SECTION 2. That the City's financial advisor is hereby
authorized and directed to proceed with the mailing and distribution
of said Notice of Sale and Official Statement for purposes of
soliciting bids for the purchase of said obligations.
SECTION 3. That the fact that it is necessary for the immediate
preservation of the public peace, property, health, or safety of the
citizens of the City of Lubbock and the best interest of the City of
Lubbock to provide funds for the improvements to be financed by the
issuance and sale of the obligations at the earliest possible date
constitute and create an emergency and an urgent public necessity
requiring the suspension of any rules providing for ordinances and
resolutions to be read more than one time or at more than one meeting
of the City Council, and such rules and provisions are accordingly
suspended, and this Resolution is declared to be an emergency
measure, and shall take effect and be in full force immediately from
and after its passage on the date shown below.
PASSED AND APPROVED, this the 24th day of March, 1988.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
(City Seal)
88-47A-224-207
(34.)
Is/ B. C. McMinn
B. C. McMinn, Mayor
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to authorize Resolution #'s
2798-A and 2798-B as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
emergency.
RESOLUTION #2799-A
RESOLUTION #2799-A
A Resolution approving and authorizing the execution of a
"Paying Agent/Registrar Agreement" in relation to the "City of
Lubbock, Texas, General Obligation Bonds, Series 1988" and resolving
other matters incident and related thereto; and declaring an
emergency.
WHEREAS, on this date the City Council of the City of Lubbock,
Texas, authorized the issuance of "City of Lubbock, Texas, General
Obligation Bonds, Series 1988", in the principal amount of $6,560,000
(the "Securities"); such securities to be issued in fully registered
form only; and
225
March 24, 1988
WHEREAS, in relation to payment, registration, transfer and
exchange of said Securities, the Paying Agent/Registrar selected
therefor is Texas Commerce Bank National Association, Lubbock, Texas;
and
WHEREAS, a "Paying Agent/Registrar Agreement" by and between the
City and said Bank has been prepared and submitted to the City
Council for approval and execution, such Agreement, setting forth the
duties and responsibilities of the Paying Agent/Registrar for such
Securities, being attached hereto as Exhibit A and incorporated
herein by reference as a part of this Resolution for all purposes;
and
WHEREAS, it is hereby determined that the necessity for the
immediate preservation of the public peace, property, health or
safety of the citizens of the City of Lubbock and to serve the best
interest of the City of Lubbock by providing the capital improvements
at -the earliest possible date constitute and create an emergency and
an urgent public necessity requiring the suspension of any rules
providing for ordinances or resolutions to be read more than one time
or at more than one meeting of the City Council and that this
Resolution be declared an emergency measure to become effective
immediately from and after its passage; and
WHEREAS, the City Council hereby finds and determines that such
"Paying Agent/Registrar Agreement" should be approved and execution
of :same for and on behalf of the City authorized; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. That the "Paying Agent/Registrar Agreement" by and
between the City and Texas Commerce Bank National Association,
Lubbock, Texas relating to the above described Securities, attached
hereto as Exhibit A, is hereby approved as to form and content, and
the Mayor and City Secretary of the City are hereby authorized and
directed to execute such Agreement in substantially the same form and
content herein approved for and on behalf of the City and as the act
and deed of this City Council.
SECTION 2. That the fact that it is necessary for the immediate
preservation of the public peace, property, health, or safety of the
citizens of the City of Lubbock and the best interest of the City of
Lubbock to provide funds for the improvements to be financed by the
issuance and sale of the obligations at the earliest possible date
constitute and create an emergency and an urgent public necessity
requiring the suspension of any rules providing for ordinances and
resolutions to be read more than one time or at more than one meeting
of the City Council, and such rules and provisions are accordingly
suspended, and this Resolution is declared to be an emergency
measure, and shall take effect and be in full force immediately from
and after its passage on the date shown below.
PASSED AND APPROVED, this the 24th day of March, 1988.
Is1 B. C. McMinn
B. C. McMinn, Mayor
ATTEST:
LsL Ranette Boyd
Ranette Boyd, City Secretary
(City Seal)
(Exhibit A of Resolution 2799-A on file with Original Resolution,
Office of City Secretary.)
RESOLUTION #2799-B
226
March 24, 1988
RESOLUTION #2799-B
A Resolution approving and authorizing the execution of a
"Paying Agent/Registrar Agreement" in relation to the "City of
Lubbock, Texas, Electric Light and Power System Revenue Bonds, Series
1988" and resolving other matters incident and related thereto; and
declaring an emergency.
WHEREAS, on this date the City Council of the City of Lubbock,
Texas, authorized the issuance of "City of Lubbock, Texas, Electric
Light and Power System Revenue Bonds, Series I988", in the principal
amount of $17,000,000 (the "Securities"); such securities to be
issued in fully registered form only; and
WHEREAS, in relation to payment, registration, transfer and
exchange of said Securities, the Paying Agent/Registrar selected
therefor is Texas Commerce Bank National Association, Lubbock, Texas;
and
WHEREAS, a "Paying Agent/Registrar Agreement" by and between the
City and said Bank has been prepared and submitted to the City
Council for approval and execution, such Agreement, setting forth the
duties and responsibilities of the Paying Agent/Registrar for such
Securities, being attached hereto as Exhibit A and incorporated
herein by reference as a part of this Resolution for all purposes;
and
WHEREAS, it is hereby determined that the necessity for the
immediate preservation of the public peace, property, health or
safety of the citizens of the City of Lubbock and to serve the best
interest of the City of Lubbock by providing the capital improvements
at the earliest possible date constitute and create an emergency and
an urgent public necessity requiring the suspension of any rules
providing for ordinances or resolutions to be read more than one time
or at more than one meeting of the City Council and that this
Resolution be declared an emergency measure to become effective
immediately from and after its passage; and
WHEREAS, the City Council hereby finds and determines that such
"Paying Agent/Registrar Agreement" should be approved and execution
of same for and on behalf of the City authorized; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION I. That the "Paying Agent/Registrar Agreement" by and
between the City and Texas Commerce Bank National Association,
Lubbock, Texas relating to the above described Securities, attached
hereto as Exhibit A, is hereby approved as to form and content, and
the Mayor and City Secretary of the City are hereby authorized and
directed to execute such Agreement in substantially the same form and
content herein approved for and on behalf of the City and as the act
and deed of this City Council.
SECTION 2. That the fact that it is necessary for the immediate
preservation of the public peace, property, health, or safety of the
citizens of the City of Lubbock and the best interest of the City of
Lubbock to provide funds for the improvements to be financed by the
issuance and sale of the obligations at the earliest possible date
constitute and create an emergency and an urgent public necessity
requiring the suspension of any rules providing for ordinances and
resolutions to be read more than one time or at more than one meeting
of the City Council, and such rules and provisions are accordingly
suspended, and this Resolution is declared to be an emergency
measure, and shall take effect and be in full force immediately from
and after its passage on the date shown below.
227
March 24, 1988
PASSED AND APPROVED, this the 24th day of March, 1988.
s B. C. McMinn
B. C. McMinn, Mayor
ATTEST:
/sj Ranette Boyd
Ranette Boyd, City Secretary
(City Seal)
(Exhibit A is on permanent file in the Office of City Secretary, to
be found with Original Resolution #2799-B.)
RESOLUTION #2799-C
RESOLUTION #2799-C
A Resolution approving and authorizing the execution of a
"Paying Agent/Registrar Agreement" in relation to the "City of
Lubbock, Texas, Combination Tax and Golf Course Revenue Certificates
of Obligation, Series 1988" and resolving other matters incident and
related thereto; and declaring an emergency.
WHEREAS, on this date the City Council of the City of Lubbock,
Texas authorized the issuance of "City of Lubbock, Texas, Combination
Tax and Golf Course Revenue Certificates of Obligation, Series 1988",
in the principal amount of $750,000 (the "Securities"); such
securities to be issued in fully registered form only; and
WHEREAS, in relation to payment, registration, transfer and
exchange of said Securities, the Paying Agent/Registrar selected
therefor is Texas Commerce Bank National Association, Lubbock, Texas;
and
WHEREAS, a "Paying Agent/Registrar Agreement" by and between the
City and said Bank has been prepared and submitted to the City
Council for approval and execution, such Agreement, setting forth the
duties and responsibilities of the Paying Agent/Registrar for such
Securities, being attached hereto as Exhibit A and incorporated
herein by reference as a part of this Resolution for all purposes;
and
WHEREAS, it is hereby determined that the necessity for the
immediate preservation of the public peace, property, health or
safety of the citizens of the City of Lubbock and to serve the best
interest of the City of Lubbock by providing the capital improvements
at the earliest possible date constitute and create an emergency and
an urgent public necessity requiring the suspension of any rules
providing for ordinances or resolutions to be read more than one time
or at more than one meeting of the City Council and that this
Resolution be declared an emergency measure to become effective
immediately from and after its passage; and
WHEREAS, the City Council hereby finds and determines that such
"Paying Agent/Registrar Agreement" should be approved and execution
of same for and on behalf of the City authorized; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. That the "Paying Agent/Registrar Agreement" by and
between the City and Texas Commerce Bank National Association,
Lubbock, Texas relating to the above described Securities, attached
hereto as Exhibit A, is hereby approved as to form and content, and
the Mayor and City Secretary of the City are hereby authorized and
directed to execute such Agreement in substantially the same form and
content herein approved for and on behalf of the City and as the act
and deed of this City Council.
228
March 24, 1988
SECTION 2. That the fact that it is necessary for the immediate
preservation of the public peace, property, health, or safety of the
citizens of the City of Lubbock and the best interest of the City of
Lubbock to provide funds for the improvements to be financed by the
issuance and sale of the obligations at the earliest possible date
constitute and create an emergency and an urgent public necessity
requiring the suspension of any rules providing for ordinances and
resolutions to be read more than one time or at more than one meeting
of the City Council, and such rules and provisions are accordingly
suspended, and this Resolution is declared to be an emergency
measure, and shall take effect and be in full force immediately from
and after its passage on the date shown below.
PASSED AND APPROVED, this the 24th day of March, 1988.
s B. C. McMinn
B. C. McMinn, Mayor
ATTEST:
� Ranette 8ovd
Ranette Boyd, City Secretary
(City Seal)
(Exhibit A is on permanent file in the Office of City Secretary, to
be found with Original Resolution #2799-C.)
88- 47A- 228-208
(35.)
Motion was made by Councilman Patterson, seconded
by Councilwoman Trej❑ to authorize Resolution #'s
2799-A, 2799-B and 2799-C as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
RESOLUTION #2800
RESOLUTION #2800
A Resolution by the City Council of the City of Lubbock, Texas,
approving and authorizing the giving of notice of intention to issue
revenue bonds; and declaring an emergency.
WHEREAS, the City Council of the City of Lubbock, Texas, has
determined that revenue bonds in the principal sum of $17,000,000
should be issued in accordance with the provisions of Articles 1111
et seq. and 2368a, V.A.T.C.S., to finance the cost of improving and
extending the electric light and power system of the City; and
WHEREAS, prior to the issuance of said revenue bonds, this
Council is required to given notice of its intention to issue the
same in the manner and time provided by law; and
WHEREAS, it is hereby determined that the necessity for the
immediate preservation of the public peace, property, health or
safety of the citizens of the City of Lubbock and to serve the best
interest of the City of Lubbock by providing the capital improvements
at the earliest possible date constitute and create an emergency and
an urgent public necessity requiring the suspension of any rules
providing for ordinances or resolutions to be read more than one time
or at more than one meeting of the City Council and that this
Resolution be declared an emergency measure to become effective
immediately from and after its passage; and
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
March 24, 1988 229
Section 1: That the City Secretary is hereby authorized and
directed to cause notice to be published of this Council's intention
to meet on the 28th day of April, 1988, to pass an ordinance and take
such action as will be necessary to authorize the issuance of revenue
bonds in the total principal amount of $17,000,000 for the purpose of
improving and extending the electric light and power system of the
City. The notice hereby approved and authorized to be given shall
read substantially in the form and content of Exhibit A hereto
attached and incorporated herein by reference as a part of this
resolution for all purposes.
Section 2. That such notice shall be published once a week for
two consecutive weeks in a newspaper having general circulation in
the City of Lubbock, Texas, and the date of the first publication of
such notice to be at least fourteen (14) days prior to the date
stated therein for the passage of the ordinance authorizing the
issuance of the revenue bonds.
Section 3. That the fact that it is necessary for the immediate
preservation of the public peace, property, health or safety of the
citizens of the City of lubbock and in the best interest of the City
of Lubbock to provide funds for the improvements and extensions to
the electric light and power system at the earlist possible date
constitute and create an emergency and an urgent public necessity
requiring the suspension of any rules providing for ordinances and
resolutions to be read more than one time or at more than one meeting
of the City Council, and such rules and provisions are accordingly
suspended, and this Resolution is declared to be an emergency
measure, and shall take effect and be in full force immediately from
and after its passage on the date shown below.
PASSED AND APPROVED, this the 24th day of March, 1988.
B. C. McMinn
B. C. McMinn, Mayor
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
(City Seal)
(Exhibit A may be found attached to original Resolution #2800, filed
in the Office of City Secretary.)
88-47A-229- 209
(36.)
Lotion was made by Councilman Patterson, seconded
by Councilwoman Trejo to authorize Resolution
#2800 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
emergency.
RESOLUTION #2801
RESOLUTION #2801
A Resolution approving and authorizing publication of notice of
intention to issue certificates of obligation; and declaring an
emergency.
WHEREAS, the City Council of the City of Lubbock, Texas, has
determined that certificates of obligation should be issued under and
pursuant to the provisions of Subchapter C of Chapter 271, Local
Government Code and Tex. Rev. Civ. Stat. Ann. article 1269j-4.1, as
230
March 24, 1988
amended, for the purpose of paying contractual obligations to be
incurred for (i) the construction of public works, to wit: improving,
enlarging, equipping, repairing, operating, ❑r maintaining (any or
all) a municipal golf course and related facilities, including the
purchase of materials, supplies and equipment therefor, and (ii)
professional services; and
WHEREAS, prior to the issuance of such certificates, the City
Council is required to publish notice of its intention to issue the
same in a newspaper of general circulation in the City, said notice
stating
These five items are routine steps in the
issuance of Bonds and all five items accomplish
basically the following three functions:
1. The giving of Notice as required
by the Charter and by State law.
2. Authorizing the execution of a
Paying Agent Registrar Agreement
on all three of the financings.
3. Approving and authorizing the
distribution of a Notice of Sale
and an official Statement per-
taining to each of the financings.
Elbert Morrow, the City's Bond Attorney, has
added the statement "declaring an emergency" to
each item as a precaution to some court cases
that have implied that two readings may be
required.
Staff recommended approval of each of these
items.
Motion was made by Councilman Patterson, seconded
by Councilman Phillips to authorize Resolution
#2801 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
88-47A-230-210
(38.) BID#9650--Gasoline powered golf cart (Golf
E-T Go Textron, Arlington, Tx.--20 Gasoline
powered golf carts.
Motion was made by Councilman Nash, seconded by
Councilman Patterson t❑ accept bid of E-T Go
Textron because this company has an established
local service center for the carts; the bid also
meets specifications. Motion carried: 7 Yeas; 0
Nays.
88-47A--230-211
(37.) BID #9677--Roof reglacement housing units and
authorize same (Building Services).
RESOLUTION #2802
RESOLUTION #2802
BE I:T RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a contract between the City of Lubbock and High Plains
Construction Company for roof replacement housing units, attached
herewith, which shall be spread upon the minutes of the Council and
231
March 24, 1988
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 24th day of March, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Is/ 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
High Plains Construction Co. --Roof replacement
housing units (Airport Housing), and roof
replacement housing units (Buffalo Road Housing).
Motion was made by Councilman Patterson, seconded
by Councilman Phillips to authorize Resolution
#2802. Motion carried: 7 Yeas; 0 Nays.
884 7A-231- 212
(39.) BID #9669--T-shirts (Parks and Recreation}.
Shirt World--475 dozen T-shirts.
Motion was made by Councilman Patterson, seconded
by Councilman Phillips to accept low bid meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
88-47A-231-213
(40.) BID #9684--Miscellaneouspipe, valves and
fittings(Water Utilities Engineering).
C & C Municipal Supply--2 Ea. 16" MJ Cast Iron
45-Degree Bend-AWWA C-110; 1 Ea. 16" Butterfly
Valve, Rubber Seated Flanged Ends, Short Body,
Vault installation-AWWA 504; 1 Ea. 12" MJ F1.
Gate Valve-AWWA C-500-509; 260 Lf. 24" Culvert
Pipe, Corrugated Galvanized, 14 Gage or 24 Inch,
1/4 Inch Steel Pipe.
Western Industrial Supply, Amarillo--2 Ea. 16" MJ
x 6" FL -Cast Iron Tee-AWWA C-110.
Clowe & Cowan--1 Ea. 16" MJ x 12" MJ Cast Iron
Reducer-AWWA C-110; 3 Ea. 12" MJ x 6" FL. Cast
Iron Tee-AWWA C-110; 1 Ea. 12" MJ x 12" FL. Cast
Iron Tee-AWWA C-110; 2 Ea. 16" MJ x FL. Cast Iron
Adapter-AWWA C-110.
The Marta Company--6" MJ x FL. Gate Valva--AWWA
C-500 or 509.
Texas Independent Pipe Supply, Brownwood--5,130
Lf. 16" Class 150 AC Water Pipe including 5 pad
adapters AWWA C400 or 16" ductile iron pipe--AWWA
C151 - 104.
232
March 24, 1988
Motion was made by Councilman Patterson, seconded
by Councilman Phillips to accept low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
88- 4 7A-232-214
(41.) BID #9685--Annual pricing on traffic and runway
paint (Traffic and Aviation Department)_
Ennis Paint Mfg. Inc., Ennis, Tx.--1,400 Gl.
White Paint, Type III; 600 G1. Yellow Paint, Type
III.
Trantex, Houston--7,000 G1. White Traffic Paint
(5 Gallon Containers).
Roadrunner Traffic Supply, Ft. Worth--5,000 G1.
Yellow Traffic Paint (5 Gallon Containers).
Motion was made by Councilman Patterson, seconded
by Councilman Phillips to accept low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
88- 47A-232- 215
(42.) BID #9644--Plumbin supplies Central Warehouse .
Fields & Co.--120 4" black steel pipe-211; 30 2-
1/2" PVC compression coupling; 10 2"x5" brass GEE
coupling for copper pipe.
Oberkampf of Lubbock--50 101/4" galvanized
reducer; 50 VAX galvanized reducer; 25
galvanized bushing; 330 plastic meter box.
Clowe & Cowan--32 pipe adapter, 4", Clay -Clay; 15
pipe adapter, 4", Clay -PVC; 10 4" CI to 4" CI CT
adapter; 500 2010-1/2' gal. pipe steel THD one
end; 80 5" black steel pipe-21'; 20 1-1/2"
galvanized cross; 18 1/2" PVC expansion coupling;
100 5/15" cable clamp; 40 1/4" cable clamp; 30 2-
1/2" PVC elbow SXS; 200 1/202" nipple PVC; 200
1/2"xclose PVC nipple; 100 108" PVC nipple; 50
1-1/203/4" bushing 5X5; 25 302-1/2" reducer
SXT; 30 bushing SXT; 50 103/4" galvanized TEE
SXT; 10 5" PVC TEE 5X5; 50 3/4"x3/8" galvanized
reducing bushing; 25 201 -1/2" brass bushing; 20
2-1/4" flexible coupling; 10 2" 90D copper elbow;
50 1/4"Alose galvanized nipple; 50 1/4"A''
galvanized nipple; 50 1/2"x4" galvanized nipple;
50 3/4"x2" galvanized nipple; 50 105-1/2"
galvanized nipple; 50 1-1/402-1/2" galvanized
nipple; 10 2"x3-1/2" galvanized nipple; 50 3/8''
galvanized plug; 12 2" brass TEE; 20 2" copper
solder joint to Maile pipe adapter; 4 4"xi8"
offset mechanical joint; 4 504" tapping sleeve;
2 3" MJ and flanged gate valve; 24 2" bronze ball
valve; 15 2" mechanical joint and flange.
C&C Municipal Supply--15 1-1/2"x2"xl" PVC TEE
SXSXT.
Transtex Supply Co., Odessa--25 40-1/2" full
circle repair clamp; 3 8"x10" repair clamp -full
circle; 20 2" repair clamp -full circle; 25 2-1/4''
repair clamp -full circle; 25 243/4" service
clamp; 50 CC service clamp; 50 301" CC service
clamp; 100 5"xl" CC service saddle; 24 8 41''
service saddle; 25 MINN" meter resetter; 3 5"
swing check valve.
March 24, 1988 233
88-47A-233-21.6
(43.)
Western Industrial Supply, Amarillo--25 1"x3/4"
brass hushing-AWWA; 10 Mueller operating nut; 5
Mueller upper stem; 25 #5 Taylor manhole lid; 100
5/811x3/4"x9" meter resetter; 4 12"x3/4" Type 311
CC service saddle single strap.
Southern Pipe & Supply Co., Meridian, MS--30 2-
1/2" PVC coupling SXT; 20 6" PVC coupling SXS; 25
2-1/2" PVC 45D ell SXS; 3 1-1/4"x7" galvanized
nipple; 100 1/2"x8" PVC nipple; 50 1-1/2"x3/4"
bushing SXT; 10 PVC TEE SXS; 10 2"xl-1/4" bushing
SXT; 50 2"xl/2" bushing SXS; 8 1-1/4" xi-1/4"
reducer SXT; 10 2"0/4" TEE SXS; 10 2"xl" PVC TEE
SXS; 25 1-1/2"xl" PVC TEE SXT; 150 3/4"
galvanized coupling; 4 12"xl" repair service
saddle; 10 2" 90D capper street elbow; 50
1/4"xClose brass nipple; 20 2" copper solder
joint to female iron pipe adapter; 25
1-1/2"x2" brass nipple; 10 2" ball valve UT STD;
10
1-1/2" ball valve TXT STD; 10 1" ball valve TXT
STD.
A. Y. McDonald Mfg. Co., Dubuque, IA--1,000 3/4"
corporation stop; 1,000 3/4" curb stop; 100 3/4"
curb stop.
Sharp Supplies, Inc.--15 2" TEE SXT; 50 1/4" 90D
galvanized elbow; 15 2" 45D galvanized elbow; 10
1/4" 45D galvanized elbow; 25 1/4" 90D galvanized
street elbow; 12 24" water manhole standard; 25
close brass nipple; 8 4" 90D CI water main bend.
Marta Co.--200' 4" PVC SDR 35 sewer pipe; 2,000'
6" PVC SDR 35 sewer pipe; 20 traffic lid; 5 12"
mechanical joint gate valve.
D'Tool Plastic Pipe Co.--2,000' 1-1/2" poly 250
coils; 25 brass coupling; 12 1-1/2" brass
coupling; 25 2" brass coupling; 50 3/4"x3" brass
coupling; 75 2"x5" brass nipple; 25 brass screw
plug; 6 2" brass screw plug.
Texas Independent Pipe Supply, Brownwood--15 3/4"
PVC expansion coupling; 18 1-1/4" PVC expansion
coupling; 25 1"x3/4" brass bushing; 12 3/4"x6"
brass nipple; 15 2" mechanical JT gland for 2" MJ
gate valve.
Motion was made by Councilman Patterson, seconded
by Councilman Phillips to accept low bids meeting
specifications. Motion carried: 7 Yeas; 0 Nays.
Motion was made by Councilwoman Trejo, seconded
by Councilman Patterson to appoint Ronnie
Thompson and Garry Creath to replace Ethel McLeod
and Dirk Murchison on the Central Business
District Steering Committee. Motion carried: 7
Yeas; 0 Nays.
234
March 24, 1988
88-47A-234-217
(44.) Consider one appointment to the Board of City
Development to replace Marjorie Kastman whose
term expired December 13, 1981_
Motion was made by Councilwoman Trejo, seconded
by Mayor Pro Tem Baker to appoint Ronald Guajardo
to replace Marjorie Kastman on the Board of City
Development. Motion carried: 7 Yeas; 0 Nays.
88- 47A-234-218
(10.) ORDINANCE #9186--Zone Case #1732-A (located west
ORDINANCE #9186
ORDINANCE #9186
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1084 AND THE OFFICIAL
MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE
NO. 1732-A; A ZONING CHANGE FROM AM TO GO ZONING ON LOTS 1,2 & 9,
BLOCK 1, SOUTHWEST HAVEN ADDITION, LUBBOCK, TEXAS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
March 24, 1988 235
88-4 7A-235-219
(11..)
Dr. Cone, representing the proponents, spoke in
favor of this request for a change to Garden
Offices from AM.
Assistant City Manager Jim Bertram gave the
adjacent land use relationships as follows:
North - R-2 Duplexes
South - AM and C-2A light commercial
East - AM medical
West - AM vacant and apartments
According to Mr. Bertram, the request represents
no deviation from the Comprehensive Land Use
Plan. The Garden Office District was designed to
"provide for quality office development ... and
to promote a stable environment between
residential and commercial uses." The district
is considered a buffer district and allows
general and professional offices with n❑ retail
sales. The requested change is to include the
"general" office category and will also remove
the ability to develop A-2 apartments. The
proposed zone change will have no additional
effect on the street system.
The Planning Department and the Planning and
Zoning Commission recommended the zone change
request.
No one spoke in opposition to this request.
Mayor McMinn closed the Public Hearing.
Motion was made by Councilman Patterson, seconded
by Councilman Phillips to pass on first reading
Ordinance #9186 on recommendation of P&Z and
Staff. Motion carried: 7 Yeas; 0 Nays.
ORDINANCE #9187--Zone Case #2420-A located on
the northeast corner of 98th and Frankford
ORDINANCE #9187
ORDINANCE #9187
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE: CASE NO. 2420-A; A ZONING CHANGE FROM T TO C-2 ZONING ON A TRACT
OUT OF SECTION 26, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
David Goyette, representing proponents, spoke in
favor of this request.
Assistant City Manager Jim Bertram stated that
several years ago, when the Hunter's Glen area
was zoned for residential, the Planning and
Zoning Commission was still in the process of
refining the standard "Site Plan review prior to
a building permit" process. The P&Z Commission,
during discussion of the 1986 Land Use Plan
update and having benefit of the Lubbock: 2005
Goals Project, established a policy that greater
236 March 24, 1988
88-47A-236-220
(12.)
attention would he paid to the design elements
associated with commercial development along 98th
Street. The 5-10 acre per quadrant, "nodal"
Commercial Land Use Policy (commercial uses
concentrated at the corners of major thoroughfare
intersections) has been tried and tested along
82nd Street. During the original zone case,
since the current Policy to Grant zoning with a
delay in Site Plan approval was not in place, the
developer agreed to drop this commercial corner
from consideration.
Mr. Bertram gave the adjacent land use rela-
tionships as follows:
North - R-2 duplex
South - C-2, a telephone switching
station
and "T", undeveloped
East - R-2 duplex
West - "T" undeveloped
The request is consistent with the Comprehensive
Land Use Plan for commercial and is routine. The
immediate development is a proposed church, which
is an allowed use in C-2. The P&Z Commission
recommended one condition:
A Site Plan, including building
elevations showing materials, color and
texture shall he submitted and approved
by the Planning and Zoning Commission
prior to the issuance of a building
permit.
Staff recommended approval.
No one appeared in opposition, and Mayor McMinn
closed the Public Hearing.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to pass on first reading
Ordinance #9187 as recommended by P&Z and Staff.
Motion carried: 7 Yeas; 0 Nays.
ORDINANCE #9188
ORDINANCE #9188
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE: CASE NO. 2106-8; A ZONING CHANGE FROM A-1 TO AM SPECIFIC USE
PERMIT FOR RETIREMENT CENTER AND CONVALESCENT HOME ON A TRACT OUT OF
THE SOUTHWEST 1/4 OF SECTION 5, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
237
March 24, 1988
Claude Blackwell of Christian University
Retirement appeared to speak in favor of this
request.
Assistant City Manager Jim Bertram stated that
the land use area is currently zoned A-1 for
development as a family apartment district. The
request is "Specific Use" to allow flexibility in
the number of parking spaces at the "congregate
living facility", a term representing apartment
units for independent living for senior citizens.
The property is, until this Contract is
completed, part of the Lubbock Christian
University Campus.
Mr. Bertram gave the adjacent land use
relationships as follows:
North - campus and a developed city
park
South - R-1 and R-2, developed
East - city park
West - campus
Comprehensive Land Use Policy compatibility is
already addressed with the current apartment
zoning. Zoning Policy indicates this request
acceptable with a congregate living facility on
the east lot presented as Phase I, and a future
nursing care facility as Phase II on the west
large lot. The item in which the proponent
requested flexibility is to provide one parking
space per unit at the congregate living facility.
In similar zone cases, the Planning and Zoning
Commission and City Council agreed with this
parking ratio so long as adequate land exists on
the lot to build additional parking should the
one space per unit prove insufficient and the
Site Plan does have area to develop future park-
ing if needed.
The required parking in AM is one space per
efficiency, 1-1/2 spaces per one bedroom, 2
spaces per two bedroom, 2-1/2 spaces per each
three or more bedroom, and one additional space
per each four units in the complex. The
requested ratio has worked well at the other
existing comparable use, Lubbock Village at 4601
71st Street. The nursing facility is proposed to
meet Code standards.
The Planning and Zoning Commission recommended
the zone case request with three conditions:
1. For the independent living
facility, the proponent shall
provide one parking space per unit
with additional land area for
future additional parking should
it be needed.
2. A Site Plan, including building
elevations showing materials,
color and texture shall be sub-
mitted and approved by the
Planning and Zoning Commission
prior to issuance of a building
permit.
238
March 24, 1988
88-47A-238-221
(13.)
3. The lots on 29th Drive shall be
limited to permitted AM uses.
Staff recommended approval.
N❑ ❑ne appeared in opposition to this request.
Mayor McMinn closed the Public Hearing.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Phillips to pass on first reading
Ordinance #9188 on recommendation of P&Z and
Staff. Motion carried: 7 Yeas; 0 Nays.
ORDINANCE #9189
ORDINANCE #9189
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2609; A ZONING CHANGE FROM M-2 TO M-2 SPECIFIC USE
PERMIT FOR A SALVAGE YARD ON LOT 1, LEWTER'S ADDITION, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Kelly Bickerstaff, representing proponent, spoke
in favor of this request and indicated that Mr.
Jones has agreed to conditions recommended by
P&z.
The Planning and zoning Commission reconsidered
this item as previously presented to Council by
Don Graf, who previously represented Mr. Jones.
Several points were made, as follows:
1. The existing use will be leveled.
2. The proposed use is by a new
owner.
3. The new use will collect and
recycle scrap copper, steel,
aluminum and brass. All of the
aluminum, brass and copper will be
stored, collected and shipped
completely inside the structure.
The steel is from construction
sites, oil field and other
sources, but not from car parts or
bodies. The proponent is willing
to have that as a condition.
Also, new (from recycled) steel
will be marketed on the front por-
tion of the lot. Scrap will not
be for sale.
March 24, 1988
239
Staff reminded the Commission that the
current zoning is M-2, the heaviest zoning
district and if any permitted M-2 use were
developed on this tract, there would not be
access to a Site Plan approval, no
landscaping, and no screening fence would be
required on the site.
The request was also reviewed under IDP
standards since the area adjacent to Loop
289 is indicated for IDP Policy by the
Comprehensive Land Use Plan. The Policy
indicates that any concessions toward IDP
standards for facade treatment, landscape
and screening should be addressed in any
zone case. The parcel has frontage only on
Southeast Drive.
1. Screening - This proposal will use
a metal building and an 8' metal
panel fence, thus screening under
IDP standards is provided.
2. Facade - IDP requires 30%
decorative materials, excluding
doors and windows, on the facade
adjacent to Southeast Drive. In
this request the 8' fence would
block out much of any facade
improvement.
3. Landscaping - IDP requires 5%
landscape on thoroughfare lots and
3% on interior lots. Since this
is a Specific Use Permit, and not
IDP, the 5% and 3% are only guide-
lines. Again, the 8' fence would
block all or most of the view of
the development parcel.
In reconsidering this case, the Planning and
Zoning Commission recommended a condition for a
reasonable number of trees to blend with the
fence along Southeast Drive and approval of this
case was recommended subject to the following
conditions:
1. That any signage must meet City
Ordinance requirements;
2. That plant materials other than
turf must be installed and
maintained on Southeast Drive;
3. That a maximum of one crane over
10' in height is permitted on the
lot;
4. That no stacking of materials
shall be allowed above the 8'
fence level;
5. That no car or truck parts or
bodies shall be handled as scrap
materials at this location; and
5. That the fence and building shall
be of new construction and
materials.
240
March 24, 1988
Upon reconsideration of the facts regarding this
case, the Planning and Zoning Commission
recommended that the City Council overrule their
original denial, subject to conditions, by a vote
of 9-0. Since this was originally heard by the
City Council as an appeal of denial by the
Planning and Zoning Commission, the motion
recommended to Council was to overturn the P&Z
Commission. There was also opposition from the
owner of more than 20% (34%) of the property
within the Notice area, also causing the require-
ment for a 6/7 City Council approval. The owner
in opposition made no written comment on the
Notice sheet and did not attend any of the
hearings.
The Planning Department recommended that City
Council overturn the original recommendation of
the Planning and Zoning Commission, subject to a
tree planting schedule for Southeast Drive right-
of-way being submitted before second reading.
No one appeared in opposition. Mayor McMinn
closed the Public Hearing.
Motion was made by Councilman Patterson, seconded
by Mayor Pro Tem Baker to overrule initial P&Z
recommendation and pass on first reading
Ordinance #9189 as recommended by P&Z and Staff.
Motion carried: 7 Yeas; D Nays.
88-47A-240-222
[15.} Consider Ordinance #9190 amending the_Zoning_Code
pertaining to Interstate Zone Districts.
ORDINANCE #919D
ORDINANCE #9190
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES,
CITY OF LUBBOCK, TEXAS ENTITLED "ZONING", BY AMENDING SECTION 29-
23.1, ENTITLED "'IHO' INTERSTATE HIGHWAY OFFICE DISTRICT", TO REQUIRE
CERTAIN BUILDINGS TO HAVE A PARTICULAR EXTERIOR COMPOSITION OR
FACADE, REQUIRING PLACEMENT OF CURB CUTS, AND LANDSCAPING
REQUIREMENTS; BY AMENDING SECTION 29-23.2, ENTITLED "'IHC' INTERSTATE
HIGHWAY COMMERCIAL DISTRICT", TO ADD ADDITIONAL PERMITTED USES, TO
REQUIRE CERTAIN BUILDINGS TO HAVE A PARTICULAR EXTERIOR COMPDSITION
OR FACADE, REQUIRING PLACEMENT OF CURB CUTS, AND LANDSCAPING RE-
QUIREMENTS; BY AMENDING SECTION 29-23.3, ENTITLED "'IHI' INTERSTATE
HIGHWAY INDUSTRIAL DISTRICT", TO ADD ADDITIONAL PERMITTED USES, TO
REQUIRE CERTAIN BUILDINGS TO HAVE A PARTICULAR EXTERIOR COMPOSITION
OR FACADE, TO REQUIRE CERTAIN ROOF PITCH ON METAL BUILDINGS,
REQUIRING PLACEMENT OF CURB CUTS, LANDSCAPE REQUIREMENTS, AND
SPECIFYING THE METHODS OF SCREENING OUTSIDE STORAGE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION.
Assistant City Manager Jim Bertram presented this
case which was initiated by the City of Lubbock.
Mr. Bertram stated that since all of the land
within the policy zone that had an "I"
(Industrial) or "C" (Commercial) designation was
rezoned by the City Council, four zone change
requests have been approved because proposed uses
are not permitted in the Interstate Zoning
Districts.
March 24, 1988
241
In Staff's opinion the districts are still too
new to evaluate for effectiveness, but the long-
term will benefit significantly from the
increased development standards. Requests for
uses that were deleted in the original Ordinance,
observations of the shifts of business within the
Policy zone, and discussions with commercial
realtors indicated necessity for a review of
possible Amendments as proposed by the Planning
Staff as follow:
1. A brief recap showing existing
district requirements and proposed
changes;
2. A discussion section for any
details related to the proposal,
and
3. Each section as an amended Code
would read.
RECAP OF POSSIBLE CHANGES
Existing Districts Proposed
A. IHC Permitted Uses, currently Reinstate
excludes many C-4 permitted all C-4
uses. permitted
uses (except
five).
B. IHI Permitted Uses, currently Amend to
includes many transferred allow all
permitted C-4 uses and excludes permitted IHC
many permitted M-1 uses. uses and all
permitted M-1
uses.
C. IHO, IHC, IHI - 75% facade 75% facade treat -
treatment* on all buildings ment* on all
with street "visible from build-ing facades
the Interstate". with street
frontage.
*75% of the building face must be masonry, wood, glass
or architecturally decorative material.
D. IHO, IHC and IHI; metal (One-half in
buildings with bare metal twelve maximum
roofs - one quarter in twelve roof pitch.)
maximum roof pitch.
E. IHO, IHC and IHI allows one
drive for the first 100'
and one for each additional
200'.
F. IHO, IHC, IHI requires 10%
landscaping on all parcels.
Revert to
standard drive
cuts allowed
elsewhere, two
cuts in the first
100 feet and one
for each addi-
tional 200.
Retain 10% on
IHO/IHC/IHI
parcels that
front the service
road and/or the
Interstate.
Reduce all non -
service road
242
March 24, 1988
Interstate fron-
tage parcels to
the 5% required
in all other "C"
districts.
G. Landscape Requirements The 5% statement
is "...A minimum of 5 percent confusing. The
of the required landscaping wording should
shall be labeled ..." be "...A minimum
of one-half of
the required
landscaping ..."
H. IHI - requires screening Amend to require
of all outdoor storage "so screening with a
as to not be visible from b feet wood,
any portion of I-27 or masonry or
adjacent thoroughfares. slatted cyclone
mesh fence for
all outside
storage.
DETAILS
Mr. Bertram said that Staff supported
reinstatement of all but five permitted uses in
C-4 into the IHC District, and the rein -statement
in IHI of all the permitted uses in M-I. In
Committee meetings during which C-4 and M-1 uses
were deleted from IHC and IHI, the objective was
to eliminate uses that have created poor images.
The exterior building standards for new
development will provide adequate upgrading to
the corridor, and reinstatement of the excluded
uses will allow a greater potential for
redevelopment/relocation to occur in this area of
town.
During the hearing process, the new districts
were presented as representing the greatest
amount of control advisable until time proved a
need for Amendment. Staff advised that with
renewed interest in encouraging Central City
development, the timing is right for these
Amendments.
A. PROPOSED AMENDED CODE SECTION -
IHC: (Underlined items are
recommended to be reinstated into
IHC.) All activities of permitted
uses must be within a building
with the exception of the
permitted uses that allow outside
activities as also permitted in a
C-4 zoning district.
(c) Permitted Uses.
[I] Any use conditionally
or unconditionally
permitted in the "C-
2A11, "C-2", or "C-31',
or "IHO" districts.
(2) Agriculture implement
and tractor sales and
service (totally
within a building).
(3) Ambulance service.
March 24, 1988
243
(4) Automobile body shops,
no outside storage of
any wrecked vehicle or
vehicle garts.
"Outside storage
comment added, not
stated in C-4".
(5) Automobile brake shad.
(5) Automobile glass.
shoo.)
(7) Automobile seat cover
and upholstery shop.
(8) Automobile
transmission shop.
(9) Automobile and
recreational vehicle
sales and service (may
include body and paint
shop, as accessory
Use .
(10) Barber and beauty shop
supply dealer.
(11) Boat and boat trailer
sales and service.
(12) Builders supply. All
materials must be in a
building.
(13) Bus station.
(14) Cafe supply dealer
fixtures.
(15) Candy plant.
(16) Canvas goods shop,
tents and awnings (no
manufacturing).
(17) Commercial private
clubs and teenage
clubs.
(18) Dairy supply dealer.
(19) Dance hall (no mixed
alcoholic beverage
sales permitted).
(20) Electrical equipment
repairs.
(21) Feed store with no
grinding, packaging,
or mixing of feed
permitted.
(22) Frozen food lockers.
(23) Furniture store, used.
(All merchandise must
be in a building).
(24) Game room, pool,
billiard and/or domino
parlor.
(25) Garage, public, repair
(outside storage of
customer automobiles
authorized). All
work, inoperative
vehicles and separate
parts shall be inside
a building.
(25a) Garden center.
(26) Gasoline service
station. (Business
permitted outside of
building and outside
displays of products
permitted within three
feet of the building.)
244
March 24, 1988
(27) Golf driving range.
(Business permitted
outside of building.)
(28) Greenhouse and plant
nursery.
C29) Hotel or motel.
C30) Hot tamale plant.
(31) Janitorial or cleaning
service.
(32) Job printing and
lithographing.
(33) Laboratory, chemical,
general analysis.
(34) Laundry, commercial.
(35) Linen and towel supply
service.
(36) Lumber yard, with no
mill. All materials
must be in a building.
C37) Magazine agency.
C38) mobile home sales.
C39) Monument sales.
(Outside display
permitted).
(40) Motorcycle shop,
including sales,
rentals and service.
(41) Muffler shop. All
activities and storage
must be in a building.
(42) Nightclub, bar or
lounge.
(43) Nonprofit training
centers with retail
sales.
(44) ail and gas wells
(subject to Chapter
14, Article VI of this
Code).
(45) Pest control service.
(46) Print shop.
(47) Produce market.
C48) Public kennel (totally
within a building).
(49) Rental store.
(50) Rescue mission of the
type sponsored by non-
profit organizations.
(51) Restaurants.
(Business permitted
outside of building.)
(52) Restaurants, with the
sale of alcoholic
beverages as an
incidental use, except
that no mixed
alcoholic beverage
sales shall be made or
delivered to occupants
in motor vehicles.
(53) Road machinery sales
and service (totally
within a building).
(54) Secondhand goods store
or pawnshop. (All
activities and
merchandise shall be
inside a building.)
March 24, 1988
245
(55) Secondhand or used car
sales lot,_ not
including wrecking and
repairing, but
including minor
tuning.
(56) Sign shops, limited to
window lettering,
painted wall signs,
banners and desk
signs.
(57) Store fixtures sales
(no manufacturing
permitted).
(58) Trailer and truck
sales, or service
(rental removed).
(59) Upholstery shop -
furniture.
(60) Veterinary hospital
(totally within a
building).
(61) Wholesale house, sales
office and storage -
no cotton storage.
Note: The C-4 uses
not in the above list
are:
(62) Billboards.
(63) portable building
sales (fully con-
structed).
(64) Rental store, heavy
equipment and trailers
only.
(65) Swimming pool,
commercial sales
(outside storage).
(66) Trailer and truck
rental utility.
B. PROPOSED AMENDED CODE SECTION -
IHI: (All M-1 plus 4 relocated C-
4 uses included).
(c) Permitted Uses. (Reinstated uses
underlined.)
(1)
Any use conditionally or
unconditionally permitted
in the C-3, IHO, and IHC
districts.
(2)
Aluminum products,
fabrication of.
(3)
Armature winding.
(4)
Bakery - commercial.
(5)
Biacksmithing or
horseshoeing.
(6)
Bottling works.
(7)
Broom manufacturing.
(8)
Building materials,
storage.
(9)
Bus terminal, maintenance
shop.
(10)
Cabinet or carpentry shop.
(11)
Candle manufacturing.
(12)
Carpet cleaning.
(13)
Cheese manufacturing.
(14)
Clothing manufacturing.
(15)
Cold storage plant.
246
March 24, 1988
(16)
Commercial schools
including mechanical and
trade.
(17)
Contractor plant or storage
yard.
(18)
Creamery and dairy products
manufacturing.
(19)
Egg storage, candling or
processing plant.
(20)
Electronic components
assembly.
(21)
Feed store.
(22)
Fruit and vegetable canning
or preserving manufacturing
- not otherwise classified.
(23)
Glassblowing.
(24)
Ice cream manufacturing.
(25)
Ice manufacturing and bulk
dry ice storage.
(26)
Insulation application.
(27)
Irrigation sales and
services including pumps
and equipment.
(28)
Laboratory, physical
testing.
(29)
Lumber yard.
(30)
Machine shop.
(31)
Mattress manufacture or
renovation.
(32)
Meat processing plant, with
no slaughter.
(33)
Mini -warehouses.
(34)
Mobile home manufacturing.
(35)
Mobile home storage.
(36)
Monument manufacture.
(37)
Moving, storage, packing,
manufacturing and crating
of household goods.
(38)
Oil and gas wells, subject
to Chapter 14, Article VI
of this Code.
(39)
Ornamental iron works.
(40)
Paper box and paper
products manufacture.
(41)
Pharmaceutical manufacture.
(42)
Planing mill.
(43)
Plumbing, heating,
refrigeration, or air-
conditioning business.
(44)
Portable building sales
(fully constructed) - moved
from C-4.
(45)
Prefabricated or ready_
built house or portable
building manufacturing and
sales.
(46)
Printing plant and/or
newspaper.
(47}
Produce market.
(48)
Pump sales and service.
(49)
Rental store, heavy
equipment and trailers
only .
(50)
Roofing Contractor's shop.
(51)
Sash and door manufacture.
(52)
Sheet metal workshop,
(53)
Sign shop.
(54)
Spray painting.
(55)
Stack lot.
47
March 24, 1988 2
(56)
(57)
(58)
(59)
(60)
Store fixture
manufacturing.
Tire recapRing and
manufacture.
(61)
Truck or railway freight
terminal depot or station.
(62)
Truck and bus terminal
maintenance or storage
shops.
(63)
Truck stop.
(64)
Warehouse.
(65)
Welding equipment and
supplies (acetylene).
(66)
Welding shop.
C. FACADE TREATMENT.
Under the existing Ordinance, any
building face "visible from the Inter-
state must be a minimum of 75% masonry,
wood, glass or other architectural
decorative material." Since the highway
is not built, the determination of
"visible from" has proven difficult to
administer. One flaw of this concept is
that the rear of a building facing away
from the Interstate would require a 75%
facade while the street side would be
uncontrolled. Also, the economics of
all the building faces visible from the
Interstate meeting the masonry, wood,
glass or archi-tectural material
definition would prove an excessive
burden for many businesses that use the
metal style of building.
The recommended Amendment for the IHC and IHI
districts would change the "visible from the
Interstate" to "any building facade adjacent
to a street in the Interstate Policy Zone."
The provision of 75% masonry, wood, glass or
architecturally decorative material on all
street frontages while allowing rear and side
walls to be factory manufactured metal wall
panels or other standard materials should
serve both public and private interests.
PROPOSED AMENDED CODE SECTION - IHO, IHC AND IHI:
IHC and IHO
"On each wall adjacent to a street in the IHO/
IHC District, all new buildings and those pro-
posed for exterior renovation shall have an
exterior composition or facade of not less than
75% masonry (such as brick, stone, stucco, ex-
posed aggregate, finished concrete or decorative
concrete block), wood, glass or archi-tectural
decorative material (such as copper, bronze,
anodized aluminum, stainless steel, porcelain
enamel, natural materials or other similar mate-
rials that do not require painting)."
March 24, 1988
IHI
"On each wail adjacent to a street in the IHI
District, all new buildings and those proposed
for exterior renovation shall have an exterior
composition or facade ❑f not less than 75%
masonry (such as brick, stone, stucco, exposed
aggregate, finished concrete or decorative con-
crete block), wood, glass, ❑r archi-tectural dec-
orative material (such as copper, bronze,
anodized aluminum, stainless steel, porcelain
enamel, natural materials or other similar mate-
rials that do not require painting), except that
any building in excess of 29,900 square feet may
use factory manufactured metal wall panels with
hidden fasteners on all walls. Any office areas,
appendages, or separate buildings shall comply
with the construction standards outlined for
buildings less than 29,900 square feet."
D. ROOF PITCH
A recent review of standards in the
metal building industry indicates that
the existing Code was adopted with a
pitch for bare metal roofs that is not
generally acceptable for adequate
drainage. The existing Ordinance allows
no greater than one quarter inch rise
for each twelve inches of run. The
proposed change is an industry standard,
one half inch rise for each twelve
inches of run.
PROPOSED AMENDED CODE SECTION
"Architectural decorative materials may be
allowed on roofs. However, metal clad roofs that
are not architecturally decorative ... or gravel
roofs shall not be exposed above the horizontal
line above the fascia or parapet wall in excess
of a pitch of one-half (1/2) in twelve (12)."
E. CURB CUTS
The provision for fewer curb cuts was
included originally to reduce curb
cut/traffic inter-ference. On smaller
lots, the resulting single curb cut
allowed will not work well with the site
development. By deleting part "a" and
remaining with the 25' separation
required in "b", the concentration of
curb cuts will be reduced and allow for
on -site circulation.
Part "a" that is deleted: "Along the
interstate highway frontage roads in the IHC
District, only one driveway cut will be
allowed per parcel for the first 100' or less
of frontage, with one additional cut for each
200' of frontage above 100'."
F.G. LANDSCAPE REQUIREMENTS
Since a huge portion of the land in the IHC and
IHI zones is being recycled, many of the smaller
frontages off the Interstate are hard-pressed to
provide 10% landscape. By retaining the
requirement that Interstate frontage parcels
249
March 24, 1988
(those parcels that directly benefit from
Interstate frontage) remain at 10%, the reduction
to 5% on others should not detract from the
original intent of the Planning and Zoning
Commission and City Council. This concept is
similar to the current IDP (Industrial Park
District). The requirement for landscaping in
IDP is 5% on thoroughfare lots and 3% on interior
lots. Certain wording in the existing code to be
corrected is underlined. The existing code
statement is:
"Ten percent (10%) of the total development
lot area shall be landscaped and permanently
maintained. A minimum of five percent (5%)
of the required landscaping shall be located
between the building lines and the adjacent
streets. Landscape area in excess of five
percent (5%) may be located to the sides of
buildings, but shall be visible from adjacent
streets. Interior courtyards shall not be
included in the required landscaping. Any
landscaping placed within the visibility
triangle of a corner lot must be in
compliance with Section 29-30 (b) (b) i.2. of
the Zoning Ordinance."
PROPOSED AMENDED CODE SECTION - for IHO, IHC and
IHI:
"Ten percent (10%) of the total development lot
area for tracts that abut the Interstate or
Interstate service roads shall be landscaped and
permanently maintained. All ❑ther parcels within
an Interstate Zone District shall have five
percent (5%) of the total development lot area
landscaped and permanently maintained. A minimum
❑f one-half of the required landscaping shall be
located between the building lines and the
adjacent streets. Landscape area in excess of
one-half may be located to the sides of the
buildings, but shall be visible from adjacent
streets. Interior courtyards shall not be
included in the required landscaping. Any land-
scaping placed within the visibility triangle of
a corner lot must be in compliance with Section
29-30 (b) (b) i.2. of the Zoning Ordinance."
H. OUTDOOR STORAGE AS ALLOWED IN IHI.
As in C, the concept of "visible from
the Interstate" is difficult t❑
administer. Also, some of the elevated
sections of the Interstate are going to
provide a vista of half ❑f Lubbock and
no stack lot will be screenable. The
IDP (Industrial Park District) contains
language which may be more acceptable
and equitable to the Interstate
Industrial District.
Existing: "Outdoor storage. All materials
or products stored outside a building must be
screened so as to not be visible from any
portion of the interstate highway right-of-
way or adjacent thoroughfares."
PROPOSED AMENDED CODE SECTION:
250
March 24, 1988
88-47A-250-223
(14.)
"All outside storage areas shall be behind a
minimum six (6)' screening fence. Materials
shall not be stacked or stored to exceed the
height of the screening fence. All storage areas
and fencing shall be behind the front building
lot towards the interior of the lot."
No one spoke in opposition to the proposed
Amendments. Mayor McMinn closed the Public
Hearing.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to pass on first reading
Ordinance #9190 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
ORDINANCE #9191
ORDINANCE #9191
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2216-D; A ZONING CHANGE FROM R-1 SPECIFIC USE AND C-3
TO C-3 SPECIFIC USE PERMIT FOR RETAIL SHOPPING CENTER DEVELOPMENT AND
ELIMINATION OF SIDEWALKS ON A TRACT OF LAND OUT OF SECTION 11, BLOCK
E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Randy Andrews, representing H&A Investments,
appeared to present this request.
Assistant City Manager Jim Bertram stated that
the sole objective of this Specific Use Permit
would be to eliminate sidewalks. He stated
further that Staff opinion is based on the
opinion that sidewalks are an important element
of safety for pedestrians adjacent to all
streets, including thoroughfares.
Mr. Andrews based his argument on the aesthetics
of providing landscape materials in the entire
parkway, and that pedestrians can walk on the
adjacent parking lots and drive entrances. Mr.
Andrews also contended that little pedestrian
traffic will exist on 82nd Street at this
location. Sidewalks exist at the two centers
west of Quaker and on the Quaker frontage north
and east of 82nd.
Several years ago, Mr. Andrews filed a similar
Specific Use permit on the current Kingsgate
Center to fully landscape the parkway, waive
sidewalks on the 82nd and Quaker frontage, and
successfully defended the ability of pedestrians
to walk on the adjacent parking lot. The
Kingsgate South parking lot is contiguous along
the entire frontage with no interruptions by
individual lots as there will be on the north.
March 24, 1988 251
As additional background, the Staff reviewed the
two alternatives available regarding a proposal
to not install sidewalks, both of which are
contained in Section 24 of the Code -- the Street
and Sidewalk Section:
1. Jurisdiction of the Building Board
of Appeals --The Board of Appeals
may hear a request to waive or
vary sidewalk (and other)
requirements based on a finding
from the following list:
"An exception may be granted to the
requirements of this article when the
Board of Appeals finds:
(a) That special or peculiar
conditions exist on the
property to be improved
which do not apply generally
to lands or improvements in
the same area, and that the
circumstances or conditions
are such that the strict
application of the
provisions of this article
would deprive the applicant
of the reasonable
development of the property,
and
(b) The exception as granted by
the board is the minimum
that will accomplish the
reasonable development of
the property as determined
in (a), and
(c) The granting of the
exception will not be
detrimental to the public
welfare or injurious to the
property or improvements in
the general area, and
(d) That the literal enforcement
and strict application of
the provisions of this sec-
tion will result in
unnecessary hardships, other
than financial, and
(e) In addition to considering
the impact of the exception
on adjacent. property, the
board, in determining its
findings, has taken into
account the actual or
possible number of persons
using the iimprovements and
the land and traffic
conditions in the vicinity,
and
In granting any exception for the
provisions of this article, the Board
may designate such conditions which
will secure substantially the purpose
and intent of this article."
252 March 24, 1988
During the Kingsgate South sidewalk
discussions, Mr. Andrews was denied a
waiver by the Board of Appeals prior t❑
his request of a Specific Use Zone
Permit. The sidewalk under discussion
in this request was not presented t❑
the Board of Appeals, but there is no
guideline for which Board or Commission
should be first t❑ hear a request.
2. Section 24-88 ❑f the Code indicates
that sidewalks are required as a site
improvement at all locations with five
exceptions, where (2) applies to the
Planning and Zoning Commission:
"24-88(a)(2) When the Planning and
Zoning Commission shall approve a
Specific Use zone within which the Site
Plan specifically does not provide
sidewalks as required within this
article. Otherwise, sidewalks shall be
provided as required by this article.
The Planning and Zoning Commission
shall consider the intent of this
article for sidewalks when hearing any
Specific Use zone case requesting
deviation from existing location
requirements."
1. Submitting a detailed master
landscape plan of the parkway for
the entire development within the
next six months.
2. A Site Plan for each individual
development lot, including
building elevations, showing
materials, color and texture shall
be submitted and approved by the
Planning and Zoning Commission
prior to the issuance of a
building permit.
3. That sidewalks adjacent to 82nd
Street are not required.
Staff recommended that Mr. Andrews' request for
deletion of sidewalks be denied and that
sidewalks be required.
No one spoke in opposition to this request.
Mayor McMinn closed the Public Hearing.
Councilman Carpenter requested that Staff conduct
a survey or study on pedestrian traffic in
parking lots where there are n❑ sidewalks and
make the information available to Council for
future requests of this nature.
March 24, 1988
253
Motion was made by Councilman Carpenter, seconded
by Councilman Nash to pass on first reading
Ordinance #9191 on recommendation of P&Z and
Staff. Motion carried: 7 Yeas; O Nays.
There being no further business to come before Council, motion was
made by Councilman Phillips, seconded by Councilman Patterson to
adjourn the meeting at 10:22 a.m. Motion carried: 7 Yeas; 0 Nays.
R. C. McMINN, MAYOR
ATTEST:
1
ane to Boyd, City Secretary
READ AND APPROVED THIS 1 TH JAY OF APRIL- 1988.
/I- r ' zz)y C A�11 �_
B. C. MCMINN, MAYOR
THE STATE OF 'TEXAS R-1-40
COUNTY OF LU13BOCK
Before me Frosee s Hie r.., nde z a Notary Public in and for Lubt
personally appeared" wlit Aofiffilip- fieem ft• M_—_.gar
pens Corporation, publishers of the Lubbock Avalanche -Journal — Mornir
being by me duly sworn did depose and say that said newspaper has been pt
than Fifty-two weeks prior to the first insertion of this L
I 525973 _. at Lubbock County
ed copy of the J�#al hit ice is a true copy of the origin .
Avalanche -Journal on the following dates:
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me t4*!th day
+ror�
CITY CO RRCIC-►tEAR lF4
140TICE is hereby gire+l }p elf IM
teresfed 06r7pla as proyitled br
law, IhaT the Ci}Y CcunclI wffl h by a Public hearltlp on }}� ynh day o!
111
March. 1998, ql tu:]a A.W fn TI1a
city CIA n slt�Ift ,", r e, R��, his day
nla Consider }he reCcmertendationa dews a-
iss pre him It, 7 f Zoning CGeh. p
na
74a4be a+nended to dMend�Waloon Y+ who
00
sc aaftl Yoninp Ordinance as de !r more
scribed below; and at which lime
and plate all interested [+erEcnS
will be Iliyen an pPPenunflY to be
heard, slier whfth henna, the
or the
In it w IlI deftrrrtin@ trhelh- d p ri n t-
==aing nanee will be Lubbock
;Ili n" with such
M
OF
FORM 58.10
�rrt� "�•�: r,ry ��rni�� ..i�r: E •.;:�r:f r '�•]k
254
THE STATE OF TEXAS R_139
COUNTY OF LUBBOCK
Before me Frances Hernandez a Notary Public in and for Lub
personally appeared Tgi1 & AUti l t s A_cCafjnt iManagAr
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morni
being by me duly sworn did depose and say that said newspaper has been p
than fifty-two weeks prior to the first insertion of this t ago l tdI
No. 825974 —at Lubbock Count`
ed copy of the Lego i No is is a true copy of the original
Avalanche -,Journal on the following dates: riarrh 29 :M
249 Words 0 *44 = $109.56
Accolint ManaVar
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this '1 5+4ay of
FORM 58-10
41 War-03 19
NOTICE OF PUBLIC HEARING
NOTICE M HEREBY GIVEN dial i
the CNy Council will told a 0 WIC
hearing an Thursday. March U,
1911& at 9:30 a.m.. in the City Coun-
cil Chambers. t'a2S . 131h Street.
Lubbock. Texaa. to Consider reC-
ommendation! by the Planning and
zoning Cammkoon that toning. be
Chahged do canal" propertles In
Lubbock. Texas_ All inkiasted per-
son$ may speak, then the City
Council wig ad on such reeomnwr
dellons. The following terse Caies
will be heard:
WRE CASE NO. 2SI41-0: Request
at H & A Investments for inning.
Change from R•I Swift Use and
C-3 la C-3 Specific Use (for retail
shOppi ng Center development and
elimination of sidewalks On a tract
Ot land oul el SWfon It. Block E-2l
an Lots i-A and 2-A. KFYO-Addl.
tlon (North of Sind Street and 116'
East of gvaker Avenue).
LOVE CASE NO. IMA. Reaves)
of Bill Coe for ma" change from
AM to GO on Lots 1, 2 and 9. Block
1. Southwest Haven Addition (West
of Salem between abth and 67th
Streets).
ZONE CASE NO. %128-A: Reouesl
of Southwest Community Lutheran
for toning Change from T to C4 on
e lead out o1 Section 26, Black E-2
(HOrtheasl corner o1 99th and
Frankford Avenue).
ZONE CASE NO. "Will. Reaves)
of Christian Universtly Retirement
(or Caning change from A-) to AM
Specific Use (for refiremenl center
and convalescent berme) on a trail
out of The Southwest 114 of Section
S. Block E-2 (North of 3llh Street
between Chicago Avenue and
Frankfard Avenue).
(__
Lij-"i
FRA': iR-139
My LArillrlfsslan EFpLres 1' 91
this day
Newspa-
ay, who
or more
print-
bbock