HomeMy WebLinkAboutMinutes - City Council - Regular - 7/28/1988471
REGULAR CITY COUNCIL MEETING
JULY 28, 1988
9:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session
on the 28th day of July, 1988 in the City Council Chambers, first
floor, City Hall, 1625 13th Street, Lubbock, Texas at 9:00 a.m.
Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T.
J. Patterson, Councilman George Carpenter, Councilman Gary Phillips,
Councilwoman Maggie Trejo, Councilman Bill Maloy, 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.j The Invocation was given by Councilman T. J.
Patterson.
{ 2.; The Pledge of Allegiance was given in unison by
those in the Council Chambers.
{ 3.) Motion was made by Councilman Patterson, seconded
by Councilman Phillips to approve the Minutes of
the July 14, 1988 City Council meeting as
written. Motion carried: 7 Yeas; 0 Nays.
Citizen Appearances
{ 4.) Board Appointments
8847B-471-455
[ 5.) Representatives from St. John Neumann_ Catholic
Church will annear to request a Loudspeaker
Permit for August 14-15.
On July 11 representatives from St. John Neumann
Catholic Church met with Mayor McMinn and Trent
Petty, Assistant to the City Manager, to discuss
a church -related event for August 14-15. Father
Joseph James, Monsignor of the parish, and David
Garza, a local Attorney, officially represented
the group. They indicated that possibly 20,000
people are expected to attend this August 15
event. If this large group is present, the Mass
and Rosary will both be held outdoors
necessitating the use of loudspeakers.
Staff visited the site and found that oiily a
Loudspeaker Permit will be required for August
14-15. It was agreed that neither Frankford nor
22nd Street should be closed for this event,
since this is the only legitimate ingress and
egress from the property, and because St. John
Neumann Church will be bussing people in and out
❑f the area.
Council approval was necessary for this Loud-
speaker Permit since the event is in an R-1
zone and will exceed the time frame set out in
the Ordinance. Proposed dates and times for the
471
REGULAR CITY COUNCIL MEETING
JULY 28, 1988
9:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session
on the 28th day of July, 1988 in the City Council Chambers, first
floor, City Hall, 1625 13th Street, Lubbock, Texas at 9:00 a.m.
Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T.
J. Patterson, Councilman George Carpenter, Councilman Gary Phillips,
Councilwoman Maggie Trejo, Councilman Bill Maloy, 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 Councilman T. J.
Patterson.
{ 2.; The Pledge of Allegiance was given in unison by
those in the Council Chambers.
{ 3.) Motion was made by Councilman Patterson, seconded
by Councilman Phillips to approve the Minutes of
the July 14, 1988 City Council meeting as
written. Motion carried: 7 Yeas; 0 Nays.
Citizen Appearances
{ 4.) Board Appointments
88478-471-455
( 5..j Re resentatives from St. John Neumann Catholic
Church will anoear to request a Loudspeaker
Permit for August 14-15.
On July 11 representatives from St. John Neumann
Catholic Church met with Mayor McMinn and Trent
Petty, Assistant to the City Manager, to discuss
a church -related event for August 14-15. Father
Joseph James, Monsignor of the parish, and David
Garza, a local Attorney, officially represented
the group. They indicated that possibly 20,000
people are expected to attend this August 15
event. If this large group is present, the Mass
and Rosary will both be held outdoors
necessitating the use of loudspeakers.
472 duly 28, 1988
loud speaker usage will be as follow: August
14, from 2:00 p.m. until 10:00 p.m., and August
15, from 8:00 a.m. until 11:00 p.m.
Mr. Garza has provided the $15 permit fee, a
completed loudspeaker application and a petition
from the neighboring apartments. Mr. Garza has
also been in touch with property owners adjacent
to the church and reports he encountered no
opposition to this request.
Staff recommended approving the Loudspeaker
Permit.
Motion was made by Councilman Patterson, seconded
by Councilman Maloy to approve issuance of a
Loudspeaker Permit to St. John Neumann's Catholic
Church for August 14, 1988, 2:00 p.m.-10:00 p.m.
and August 15, 1988, 8:00 a.m.-11:00 p.m..
Motion carried: 1 Yeas; D Nays.
88--47B-412-456
6.) Chairman of the Plumbing/Mechanical Board will
apgear to present the following recommendations:
(A) Consider Ordinance #9213 amending
Chapter 6. Article III of the Code
of Ordinances providing for the
adoption of the 1988 Uniform
Plumbing Code as amended.
ORDINANCE #9213
AN ORDINANCE AMENDING CHAPTER 6, ARTICLE III OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "PLUMBING CODES;" BY
ADOPTING THE UNIFORM PLUMBING CODE, 1988 EDITION; PROVIDING FOR A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
The Plumbing/Mechanical Board recommended the
adoption of the 1988 Plumbing Code to Council
with its present amendments. The Board advised
that the changes in the Code are minor and are in
the City's best interest.
Staff recommended adopting the Code with
amendments, as submitted.
(B) Consider Ordinance #9214 amending
Chapter 6, Article IV of the Code_
of Ordinances providing for the
adoption of the-1988 Uniform
Mechanical Code as amended.
ORDINANCE #9214
AN ORDINANCE AMENDING CHAPTER 6, ARTICLE IV OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "MECHANICAL CODE;" BY
ADOPTING THE UNIFORM MECHANICAL CODE, 1988 EDITION; PROVIDING FOR A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
The Plumbing/Mechanical Board recommended the
adoption of the 1988 Mechanical Code to Council
with its present amendments. The board advised
that the changes to the Code are minor and are in
the City's best interest.
Staff recommended adopting the Code with
amendments, as submitted.
July 28, 1988
473
88-47B-473.457
( 8.11
Motion was made by Councilman Carpenter, seconded
by Mayor Pro Tem Baker to pass on first reading
Ordinance #9213 and Ordinance #9214 as
recommended by Staff. Motion carried: 7 Yeas; 0
Nays.
ORDINANCE #9208
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A STORM WATER
STORAGE AND DRAINAGE EASEMENT LOCATED IN SECTION II, BLOCK E-2,
LUB13OCK 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.
Motion was made by Councilwoman Trejo, seconded
by Mayor Pro Tem Baker to pass on second and
final reading Ordinance #9208. Motion carried:
7 Yeas; 0 Nays.
8847B-473-458
( 9.) ORDINANCE #9212--Setting the sewer rates.
ORDINANCE #92I2
AN ORDINANCE AMENDING SECTION 28-92 OF THE CODE OF ORDINANCES
DF THE CITY OF LUBBOCK, TEXAS, IN ITS ENTIRETY SO AS TO CHANGE THE
RATIES FOR SEWER SERVICE WITHIN THE CITY OF LUBBOCK EFFECTIVE AUGUST
I, :1988; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
According to direction from City Council at the
July 14 Council meeting, Staff modified the rate
ordinance to include only the 75t sewer rate
increase effective August I, 1988.
Staff will proceed now to study rate options to
be presented to the proposed advisory committee
so that the Council may act upon a different rate
ordinance prior t❑ January I, 1989.
Motion was made by Councilwoman Trejo, seconded
by Mayor Pro Tem Baker to pass on second and
final reading Ordinance #92I2. Motion carried:
7 Yeas; 0 Nays.
88-47B-473-459
CIO.] RESOLUTION #2880--Authorizing publication ❑f
Notice ❑f Intention to Issue__Certificates ❑f
Obligation.
RESOLUTION #2880
A RESOLUTION approving and authorizing publication of notice of
intention to issue certificates of obligation.
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, for the purpose of providing funds for the payment
of contractual obligations incurred with respect to (i) the purchase
of (a) additional land for authorized needs and purposes, t❑ wit: a
474
July 28, 1988
sewer farm and (b) the expansion and upgrading of the land -
application site (including the construction of new irrigation
systems and piping on existing and newly acquired land, construction
of a terminal storage reservoir, and other construction and
improvement in connection therewith) 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 (i) the time and place the Council tentatively proposes to
pass the! ordinance authorizing the issuance of the certificates, (ii)
the maximum amount proposed to be issued, (iii) the purposes for
which the certificates are to be issued and (iv) the manner in which
the Council proposes to pay the certificates; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
SECTION 1: That the City Secretary is hereby authorized and
directed to cause notice to be published of the Council's intention
to issue certificates of obligation in the principal amount not to
exceed $5,000,000 for the purpose of providing funds for the payment
of contractual obligations incurred with respect to (i) the purchase
of (a) additional land for authorized needs and purposes, to wit: a
sewer farm and (b) the expansion and upgrading of the land -
application site (including the construction of new irrigation
systems and piping on existing and newly acquired land, construction
of a terminal storage reservoir, and other construction and
improvement in connection therewith) and (ii) professional services,
such certificates to be payable from ad valorem taxes and a
subordinate lien on and pledge of the net revenues of the City's
Sewer System. The notice hereby approved and authorized to be
published shall read substantially in the form and content of Exhibit
A hereto attached and incorporated herein by reference as apart of
this resolution for all purposes.
SECTION 2: That the City Secretary shall cause the aforesaid
notice to be published in a newspaper of general circulation in the
City, once a week for two consecutive weeks, the date of the first
publication to be before the fourteenth day before the day stated
therein for the first reading of the ordinance authorizing the
issuance of the certificates of obligation.
PASSED AND APPROVED ON FIRST READING, this 14th day of July,
19813.
PASSED AND APPROVED ON SECOND AND FINAL READING, this 28th day
of July, 1988.
/sl B. C. McMinn
Mayor, City of Lubbock, Texas.
ATTEST:
ZsL Ranette Boyd
City Secretary, City of Lubbock, Texas
Motion was made by Councilwoman Trejo, seconded
by Mayor Pro Tem Baker to pass on second and
final reading Resolution #2880. Motion carried:
7 Yeas; U days.
8847B-474-460
(16„) Consider Resolution #2881 accepting drainage
channel im rovements constructed by Kerr
Construction Company in Sewell Addition Tract
C-1 West 19th Street and Loop 289).
July 28, 1988 475
RESOLUTION #2881
RESOLUTION ACCEPTING IMPROVEMENTS AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions
of City Drdinance 1331, the subdivider of Sewell Addition, Tract "C-
1" made arrangements with Kerr Construction Company for the
construction of improvements in said subdivision under the provisions
of said Ordinance prior to the recording of the subdivision plat of
the above -mentioned addition including the following:
Concrete Drainage Channel in easement from West
property line of Lot 8 to Loop 289 known as New
Subdivision Unit No. 2032-37; and
WHEREAS, the construction of the above improvements was
performed under the supervision of the City Engineer, and said
improvements have been completed and have been inspected and found to
have been constructed in accordance with City specifications and in
accordance with the provisions of City Ordinance 1331; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements BE and the same are hereby
accepted and the City Engineer BE and he is hereby authorized to
notify the Developer of acceptance by the Lubbock City Council.
SECTION 2. THAT this Resolution shall take effect and be in
force from and after its passage.
Passed by the City Council this 28th day of July, 1988.
s B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/s/ Larry Hertel Is/ J. Worth Fullingim
Larry D. Hertel, Acting City Engineer J. Worth Fullingim,
Assistant City Attorney
This is a routine acceptance of drainage channel
improvements where an alley was closed required
at the time of platting this new subdivision.
This subdivision is situated at the northwest
corner of West Loop 289 and 19th Street and is
for the expansion of Gene Messer Ford Dealership.
No City cost is due the contractor and Staff
recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize Resolution
#28Bi as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
476
July 28, 1988
88-47B-476-461
(17.)
RESOLUTION #28$T
RESOLUTION ACCEPTING WATER SYSTEM IMPROVEMENTS FOR TRACTS B-1
AND M-1, RUSHLAND PARK ADDITION.
WHEREAS, the developer of Tracts B-1 and M-1, Rushland Park
Addition have complied with the provision of the City of Lubbock
Code, Chapter 28, Article IV, by providing the water improvements for
said addition in accordance with paragraph 156 of said Chapter 28;
and
WHEREAS, the total utility cost to the developer is $3,834.55
with the improvements constructed by Panhandle Construction Company
having a value of $3,599.55 as determined by the unit prices
established by said Chapter 28, and $235.00 cash paid to the City,
with Whisperwood National Bank, the developer to receive no refund in
accordance with Chapter 28 of the Code of the City of Lubbock; and
WHEREAS, the construction of the said water improvements was
performed under the supervision of the Water Utilities Engineer and
completed in accordance with the City of Lubbock's plans and
specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements BE and the same are hereby
accepted as an integral part of the water system of the City of
Lubbock.
SECTION 2. THAT this Resolution shall take effect and be in
force from and after its passage.
Passed by the City Council this 28th day of July, 1988.
/s1 B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/s/ Wilford D. Watson Ls1 J. Worth_Fullingim
Wilford D. Watson, Chief Water J. Worth Fullingim,
Utilities Engineer Assistant City Attorney
This is a routine acceptance of water and sewer
improvements constructed in accordance with the
Pro Rata Ordinance at a total cost of $3,834.55.
No refund is due the developer and Staff
recommended acceptance of these improvements.
Motion was made by Councilman Patterson, seconded
by Councilman Phillips to authorize Resolution
#2882 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
July 28, 1988 477
88-47B-477-462
(18.)
RESOLUTION #2883
WHEREAS, the City Council has recognized the need to upgrade
the wastewater system of the City of Lubbock; and
WHEREAS, there also exists a need for long range planning for
Lubbock's wastewater disposal system; and
WHEREAS, it is necessary to insure compliance with all federal
and state regulations pertaining to wastewater disposal; and
WHEREAS, the City Council is in need of the advice of a
citizens advisory group regarding the most appropriate improvements
and the best method of financing for said improvements; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT a Wastewater Improvements Advisory Committee is hereby
created to be composed of eleven (11) members who shall be appointed
by the City Council, including a chairman who shall be designated by
the Mayor.
THAT the Committee is to be charged with the following
responsibilities:
1. An evaluation of potential wastewater improvements.
2. An evaluation of various financing methods for
proposed improvements.
3. An evaluation of the impact that the financing of
such proposed improvements will have on the City's
overall bonding capacity.
4. A recommendation regarding proposed sewer service
rates for these improvements.
THAT the Wastewater Improvements Advisory Committee shall be
required to complete its analysis and to make the recommendations
requested by the City Council no later than November 15, 1988. The
City Council may ask the committee to continue to serve if, in its
discretion, the City Council feels that oversight and review of the
proposed capital program is in order.
THAT appointments as chairman and members of the committee
shall be for the duration of the activation of said committee.
THAT the City Manager shall appoint members of his staff to act
as :secretary and liaison to the committee and shall provide all
possible assistance to the committee.
478 July 28, 1988
Passed by the City Council this 28th day of ►]uly, 1988.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
5 Bob Mass
Bob Cass, Deputy City Manager
APPROVED AS TD FORM:
s Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
At the July 14 City Council meeting, Staff was
instructed to initiate steps for the creation of
a Wastewater Improvements Advisory Committee.
The Resolution indicates that the committee will
be charged with the following responsibilities:
1. Evaluation of the need for various
wastewater improvements.
2. Evaluation of various financing
methods for these improvements.
3. Evaluation of the impact that the
financing of these improvements
will have on the City's overall
bonding capacity.
4. Recommendation regarding proposed
rates for these improvements.
The Resolution also calls for an 11-member
committee, with the chairman to be appointed by
the Mayor and the committee is instructed to have
a recommendation for Council by November 15,
1988.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Carpenter to authorize Resolution
#2883 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
88-417B-478-463
(19.) Consider Resolution #2884 proposing to increase
the tax rate and settin a Public Hearing on such
ro os
RESOLUTION #2884
WHEREAS, the City Council of the City of Lubbock proposes to
adopt a tax rate for the next tax year which will exceed 103% of the
effective tax rate for the current year; and
WHEREAS, adoption of said tax rate increase requires a public
hearing prior to such adoption pursuant to Section 26.05(c) of the
Texas Property Tax Code; NOW THEREFORE:
July 28, 1988
479
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT it is hereby proposed to consider a tax increase for the
next tax year which will exceed 103% of the effective tax rate for
the current year; and
THAT it is hereby ordered that a public hearing on such
proposed tax increase shall be conducted at 9:45 A.M. on the Ilth day
of August, 1988.
Passed by the City Council of the City of Lubbock on the 28th day of
July, 1988.
MEMBERS VOTING AYE:
Mayor B. C. McMinn
Mayor Pro Tem Joan Baker
Councilman Bill Maloy
Councilwoman Maggie Trej❑
Councilman George Carpenter
Councilman T. J. Patterson
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Robert Massengale
Robert Massengale, Assistant City
Manager for Financial Services
MEMBERS VOTING NAY:
Councilman Gary Phillips
s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Zsl Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
Assistant City Manager Robert Massengale
discussed the law and procedures for adopting the
64t tax rate with Mr. Dave Kimbrough, Chief
Appraiser at the Lubbock Central Appraisal
District and Don Vandiver, Assistant City
Attorney for the City of Lubbock.
Because a 54t tax rate for the City of Lubbock
would be an increase of at least 3%, a separate
hearing is required by State statute.
The following schedule was recommended by the
Lubbock Central Appraisal District and the City
Attorney's Office:
July 28 Take record vote to increase the
tax rate and schedule Public
Hearing for a regular Council
meeting.
August 2 Publish notice of Public Hearing
(quarter page ad) at least seven
days prior to the Public Hearing.
480 July 28, 1988
This notice must show each
Council person's name and their
vote on the proceeding to
increase the tax rate.
August 11 Public hearing (regular Council
meeting) -- According to the
statute, this item must be the
only item on the agenda for the
Public Hearing. (The tax rate
cannot be voted on at this
meeting because another public
notice must be published before
the tax rate can be adopted.)
August 17 Notice of vote on tax rate
(quarter page ad). This is to
advise the public of when the tax
rate will be voted on.
August 25 First reading of tax rate
ordinance (regular Council
meeting).
September 8 Second reading of the tax rate
ordinance (regular Council
meeting).
Since the budget hearing will be held on August
11 also, Staff recommended that the tax rate
hearing be held at 9:45 a.m.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson to authorize Resolution
#2884 setting the date and time for the tax rate
hearing for August 11, 1988 at 9:45 a.m. as
recommended by Staff. Motion carried: 6 Yeas; 1
Nay --Councilman Phillips.
Councilman Phillips stated that in his opinion,
the additional Police manpower could be provided
for without a tax increase of no more than 1t and
possibly with no increase at all. He went on to
say that he fears the public will rely on this
year's increases to the Police Department Budget
to solve the crime problems in Lubbock.
8847B-480-464
(20.) BID #9851--Police leather accessories Police
Department].
C & G Police Supply, Garland --Belts, holsters,
handcuff cases, handcuffs, belt keepers.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to accept low bid meeting
specifications. Motion carried: 7 Yeas; 0 Hays.
88-47B-480-465
t21.� BID #9874--Trenchingand installing PVC pipe
Water Utilities).
Morton Irrigation, Plainview
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson, to accept low bid meeting
specifications. Motion carried: 7 Yeas; 0 Days.
July 28, 1988
88-47B-481-466
(22.)
88-47B-481-467
(23.)
88-47B-481-468
BID #9873--PVC RiRe and accessories Water
Utilities).
C & C Municipal Supply--6 18" 45-degree bend for
PIP; 2 18"X10" tee for PIP; 1 18"x15" reducer; 1
18" 90-degree bend for PIP; 9 10" IPS x PIP
adapter; 2,580' 15" PIP SDR 51, 80 PSI; 3,380'
10" PIP SDR 51 80 PSI.
Oberkampf of Lubbock--4 10" propeller flowmeter
MC crometer Model MW900; 4 10"x10"x6"06" double
coupling riser.
O'Toole Plastic Pipe Co.--1 10"x10"x15" Tee for
PIP.
Transtex Supply--4 Yardney Model No. SB-10 high
rate basket strainer; 4 4" pressure relief valve
85 PSI setting; 4 10" resilient seat gate valve;
1,840' 181- P1P DSR 51 pipe.
Watermaster--1 18" P1P x 10" CI reducer; 4 4" air
relief valve.
Western Industrial Supply, Amarillo--4 10"x10"0"
victaulic reducing tee w/thread.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to accept low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
BID #9845--Playground a ui ment Parks and
Recreation).
Hunter-Knepshield Co., Bedford--100 cut resistant
belt seat; 20 nursery seat.
Modlin Recreation Equipment Co., Arlington--1
Game Time playground parts; 4 basketball goals;
12 vision stripe for volleyball net; 1 volleyball
net, 32' length w/42' long support cables; 1
volleyball net, 28' length w/33' long support
cables; 6 vision stripe for tennis net; 2 36', 4"
length w/42' 6" tennis net.
Kay Park-Rec Corp., Janesville, IA--5 picnic
table.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to accept low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
(24.) BID #9832--Elevator replacement. and authorize
same (Electric Production_).
RESOLUTION #2885
BE ]IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a Contract by and between the City of Lubbock and Dover
482 July 28, 1988
Elevator Company for Holly Avenue Generating Station Elevator
Replacement; attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 28th day of July, 1988.
ATTEST:
Is/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Gene Eads
Gene Eads, Purchasing Manager
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
Is1 B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
Zsl Harold Willard
Harold Willard
Assistant City Attorney
THIS AGREEMENT, made and entered into this 28th day of July,
1988, by and between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized
to do so, hereinafter referred to as OWNER, and DOVER ELEVATOR
COMPANY of the City of MIDLAND, County of MIDLAND and State of TEXAS,
hereinafter termed CONTRACTOR.
WITNESSETH: THAT for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the
OWNER and under the conditions expressed in the bond bearing even
date herewith (if any) the CONTRACTOR hereby agreed with OWNER to
commence and complete the construction of certain improvements
described as follows:
BID NO. 9832 - HOLLY AVENUE GENERATING STATION ELEVATOR REPLACEMENT
IN THE TOTAL AMOUNT OF $69,860.00
and all extra work in connection therewith, under the terms as stated
in the contract documents and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance and other accessories and
services necessary to complete the said construction in accordance
with the contract documents as defined in the General Condition of
Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him
and to substantially complete same within the time specified in the
contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
July 28, 1988
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
s Ranette Boyd
Secretary
APPROVED AS TO CONTENT:
/sj' Jay Wadsworth
ATTEST:
Ineligible
COMPLETE ADDRESS:
P. 0. Box 734, Midland, TX 79702
CITY OF LUBBOCK, TEXAS (OWNER)
Zsl B. C. McMinn
Mayor
APPROVED AS TO FORM:
js/ Donald G. Vandiver
DOVER ELEVATOR COMPANY
(CONTRACTOR)
"_ Mary Lou Stone
Mary Lou Stone
Title: Contract Analyst
Bid awarded to Dover Elevator Co., Midland --Holly
Avenue Generating Station elevator replacement.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize Resolution
#2885 as recommended by Staff. Motion carried:
1 Yeas; 0 Hays.
88-47B-483-469
(25.) BID #98 --Installation of bus turnouts - Texas
Tech University, and authorize same (Transit-
Citibus).
RESOLUTION #2886
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a Contract by and between the City of Lubbock and Kerr
Construction Company for installation of Bus Turnouts - Texas Tech
University, attached herewith, which shall be spread upon the minutes
of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this 28th day of July, 1988.
Is1 B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
ZsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ZsLGene Eads Is/ Harold Willard
Gene Eads, Purchasing Manager Harold Willard,
Assistant City Attorney
I � ►
July 28, 1988
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 28th day of July,
1988, by and between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized
to do so, hereinafter referred to as OWNER, and KERR CONSTRUCTION CO.
of the City of LUBBOCK, County of LUBBOCK and State of TEXAS,
hereinafter termed CONTRACTOR.
WITNESSETH: THAT for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the
OWNER and under the conditions expressed in the bond bearing even
date herewith (if any) the CONTRACTOR hereby agreed with OWNER to
commence and complete the construction of certain improvements
described as follows:
BID NO. 9857 - INSTALLATION OF BUS TURNOUTS - TEXAS TECH UNIVERSITY
IN THE TOTAL AMOUNT OF $84,840.00
and all extra work in connection therewith, under the terms as stated
in the contract documents and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance and other accessories and
services necessary to complete the said construction in accordance
with the contract documents as defined in the General Condition of
Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him
and to substantially complete same within the time specified in the
contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to additions and deductions, as provided in the
contract documents and to make payment on account thereof as provided
therein.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in Lubbock, Lubbock County, Texas in the year and day
first above written.
ATTEST:
/s/ Ranette Bovd
Secretary
APPROVED AS TO CONTENT:
s Melinda Green Harvey
ATTEST:
Is1 Johnnie Howell
COMPLETE ADDRESS:
P. O. Box 888, Lubbock, Texas 79408
CITY OF LUBBOCK, TEXAS (OWNER)
Zsj B. C. McMinn
Mayor
APPROVED AS TO FORM:
Zs/ -Donald G. Vandiver
KERR CONSTRUCTION COMPANY
(CONTRACTOR)
Inelligible
Title: President
Bid awarded to Kerr Construction Co.
July 28, 1988
88-478-485-470
(26.)
88-47B-485-471
(27.)
88-47B-485-472
(2$•)
88-47B-485-473
(29.)
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize Resolution
#2886 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
BID #9766--Hydraulic aerial equipment (Electric
Distribution).
Hobbs Trailers--3 utility body (Spec 705); 3
utility body (Spec 708B); I aerial platform for
lift.
American Trailer--3 36' bucket truck, body and
aerial lift.
Gene Messer Ford, Inc.--3 36' bucket truck, cab
and chassis; 1 41' bucket truck, cab and chassis.
Altec Industries, Inc., St. Joseph, MO--1 truck
derrick & bed, cab & chassis; 1 truck derrick &
bed; 1 41' bucket truck, body & aerial lift.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to accept low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
BID #9850--350 MCM wire and 4-0 wire (Central
Warehouse].
Nelson Electric Supply--20,000' 4/0 single
conductor 15KV in 2" pipe.
Nunn Electric Supply Corp.--2,000' 2/C 350 MCM &
1/C 4/0 cable 600V 90 deg. C Cond. Temp.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to accept low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
31, 1988.
Motion was made by Councilman Phillips, seconded
by Councilman Carpenter to reappoint George C.
Wilson to the Canadian River Municipal Water
Authority Board of Directors. Motion carried:
Yeas; 0 Nays.
Consider seven aRoointments to the Lubbock
Municipal Arts Committee. The terms of Dottie
Johnston, Anita Taylor, Raymond Powell, Susie
Moore, Vivian Cooke. Sammy Ribble, and Bonnie
Armstrong will expire on August 9, 1988.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to reappoint Dottie
Johnston, Anita Taylor, Raymond Powell, Susie
Moore, Vivian Cooke and Sammy Ribble and to
T V V July 28, 1988
88-47B-486-474
(30.)
88-47B-486-475
(31.)
88-117B-485-476
(32.)
88-►47B-485-477
(33.)
88-47B-486-478
(34.)
appoint Morris Nunley to replace Bonnie Armstrong
on the Lubbock Municipal Arts Committee. Motion
carried: 7 Yeas; 0 Nays.
Motion was made by Councilman Phillips, seconded
by Councilman Carpenter reappointing Jeff
Klotzman, Mavis Miller, Anita Taylor, and J. Dan
Griffis and appointing Georgia Fojtasek to
replace Ronald Key on the Lubbock Civic Centers
Board. Motion carried: 7 Yeas; 0 Nays.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to reappoint Mary Beth
Scull and Bill J. Parsley on the Airport Board.
Motion carried: 7 Yeas; 0 Nays.
Consider two appointments to the Transportation
Temporary Advisory Committee. Marcelo H. Tafa a
and Roy Roberts have _declined appointment.
These appointments were held.
Consider one appointment to the Zoning Board of
Adjustment to fill the unexpired term of Maw
Pineda whose term expires on February 261990.
Motion was made by Councilman Phillips, seconded
by Councilman Carpenter to move Gary Creath from
Alternate Member to Regular Member to fill the
unexpired term of Mary Pineda and to appoint
Penny Morin as Alternate Member on the Zoning
Board of Adjustment. Motion carried: 7 Yeas; 0
Nays.
Consider one agpointment to the Lubbock Libraries
Board to fill the unexpired term of Esther Moses
wh❑ is unable to serve. This term expires on
December 31 1989.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to appoint Jewel Phea to
fill the unexpired term of Esther Moses on the
Lubbock Libraries Board. Motion carried: 7
Yeas; 0 Nays.
1
July 28, 1988
88-47B-487-479
(11.)
ORDINANCE #9215
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2417-A; A ZONING CHANGE FROM A-1 TO R-1 ZONING ON A
TRACT OUT OF SECTION 29, BLOCK A-K AND ON LOTS 1-1B, BRUNKEN HILL
ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
David Goyette presented this request for zone
change on behalf of Gary Rothwell.
No one appeared in opposition to the request and
Mayor McMinn closed the Public Hearing.
Assistant City Manager Jim Bertram stated that at
the Planning and Zoning Commission meeting, this
"down -zone" request from apartment zoning to
single-family zoning generated no discussion
except the proponent's presentation and brief
Staff comments.
Mr. Bertram gave the adjacent land use
relationships as follows:
North
- Church
and R-2 vacant
South
- Single
family
East
- Single
family
West
- Single
family
This will automatically create a minor change to
the Comprehensive Land Use Plan. The area north,
south and west of the church property (71st and
Frankford) has a high density buffer on the Plan
from 59th Street to 75th Street, west to
Homestead Avenue. The original concern by
developers about the water tower and churches has
not deterred low density development, and
construction of the single-family is now
acceptable. The request is consistent with
zoning policies and the change in zoning should
have no negative effect on the street system.
Staff recommended that Council uphold action of
P&Z.
Motion was made by Councilman Patterson, seconded
by Councilman Maloy to pass on first reading
Ordinance #9215 as recommended by P&Z and City
Staff. Motion carried: 7 Yeas; 0 Nays.
8847B-487-480
(12.) ORDINANCE #9215--Zone Case #1490-J (,located on
the southeast corner of 59th and Slide Road) --
Hold a Public Hearing on reguest of Wayne Robins
for The Pantry Food Store for zoning change to
delete Condition 3 of Ordinance 7233 on Tract A
Fiesta Autoland Addition.
488 July 28, 1988
ORDINANCE #9216
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 1490-J; AMEND CONDITION NO. 3 OF ORDINANCE NO. 7233 ON
TRACT A, FIESTA AUTOLAND ADDITION, LUBBOCK, TEXAS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Wayne Robins presented this request to lower the
screening wall and allow a curb cut at The Pantry
Food Store (located at the corner of 697th Street
and Slide Road). He stated that proponents are
willing to reduce the requested width of the
driveway which will face west into Slide, from
40' to 36' and will move it slightly to
accommodate the 15' turning radius required.
No one appeared in opposition and Mayor McMinn
closed the Public Hearing.
Assistant City Manager Jim Bertram stated that
this request includes the long -debated use and
value of the wall as a buffer. The decision
during the request by Alexis Park indicates that
conditions have changed adjacent to Slide Road
and that this current proposal is a routine case.
Several of the adjacent property owners again
presented their view that conditions have not
changed and objected. Without the use as a
buffer as a basis for the wall, the proposed curb
cut is also treated as a routine request.
Mr. Bertram gave the adjacent land use
relationships as follows:
North
- Commercial
South
- Single family
East
- Commercial
West
- Residential
Since the request is an amendment to an existing
C-4 zone, the Comprehensive Land Use Plan policy
is not an issue. As noted, zoning policy related
to the visibility of the fence as a buffer has
been changed. This request is consistent with
the decision rendered at Alexis Park Shopping
Center.
With minor amendments for the curb cut, the
Traffic Engineering Department does not oppose a
curb cut at this location. As with curb cuts on
all thoroughfares, there will be conflict between
traffic to and from the convenience store and
through traffic. The proposed cut should be no
more detrimental than any other in this busy
portion of Slide Road.
The Planning and Zoning Commission recommended
amendment of the current Condition #3 (Ordinance
#7233) to the City Council on Tract A with the
following conditions:
1. Allow a 30' driveway.
2. Curb cut shall have 15' radii.
3. Allow fencing to be lowered to 3' in
height with landscaping and tied to the
Site Plan submitted to the Planning and
Zoning Commission.
r
July 28, 1988
Staff recommended approval as requested by Mr.
Robins.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Phillips to pass on first reading
Ordinance #9216 and stipulated the following:
1. Allow a 36' driveway.
2. Curb cut shall have 15' radii.
3. Allow fencing to be lowered to 3' in
height with landscaping and tied to the
Site Plan submitted to P&Z.
Motion carried: 6 Yeas; 1 Nay --Councilman
Carpenter.
Councilman Carpenter explained his Nay vote
saying that in his opinion, this action breaks a
covenant with the homeowners across Slide Road.
88-47B-489-481
[13.� ORDINANCE #9217--Zone Case #2617 located on the
northeast corner of 4th Street and Ouincy
Avenue) --Hold a Public Hearing on re nest of Burl
W. Masters for zoning change from T t❑ C-4 on
Tract 0 less East 170' Terra Estates North
Addition.
ORDINANCE #9217
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2617; A ZONING CHANGE FROM T TO C-4 ZONING ON TRACT 0
LESS THE EAST 1701, TERRA ESTATES NORTH ADDITION, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Burl Masters presented this request for zone
change on behalf of AAA Coffee Service.
No one appeared in opposition and the Mayor
closed the Public Hearing.
Assistant City Manager Jim Bertram gave the
adjacent land use relationships as follows:
North - Residential (outside city limits)
South - Vacant and SPS Substation
East - Residential
West - Farmland
Fourth Street is a farm to market thoroughfare,
and thus meets Plan policy for heavy commercial
to front on regional or State highways. Mr.
Bertram stated that concern for commercial at
this site is the residential area immediately
abutting the requested change area to the north,
although the Southwestern Public Service
substation located immediately to the south
creates a problem for single-family adjacent to
this site.
s
E
490 July 28, 1988
88-47B-490-482
(14.)
During the hearing, the proponent circulated a
building elevation of an attractive office on 4th
Street with the warehouse area in the back of the
same building. The proposed coffee distribution
company requires C-4 because of the warehousing
of the product:
With 4th Street being a major thoroughfare, the
development should have little effect on traffic.
Most truck traffic will enter the property from a
side street on the west. Screening will be
required on the north side of the property by the
Code, and on the east and west if not deleted by
the Planning and Ioning Commission during Site
Plan review.
P&I recommended approval of the proposal to the
City Council with two conditions:
1. Limited to wholesale house, sales
office and storage - no cotton
storage and all C-3 uses.
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 the issuance of a
building permit.
Staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to pass on first reading
Ordinance #9217 as recommended by P&Z and Staff.
Motion carried: 7 Yeas; 0 Nays.
Zone Case #2618 located at 3601 23rd Street
Hold a Public Hearing on appeal of Terry Echols
(for Kathleen Sears, M.D.) for zoning Change from
R-1 to AM on Lot 1 Block 1 Rockhaven Addition
and consider ordinance.
Mr. Terry Echols requested, on behalf of the
proponent, that Council continue this Public
-Hearing to the last regular meeting in August.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to continue Zone Case
#2518 to the last Regular City Council Meeting in
August. Motion carried: 7 Yeas; 0 Nays.
Councilman Maloy stated he favors both Item Vs 15 and 7, but for
reason of perceived conflict of interest asked that Council take
action which would allow him to abstain from voting on both items.
Motion was made by Mayor Pro Tem Baker, seconded by Councilman
Patterson to allow Councilman Maloy to abstain from voting on Agenda
Item Vs 15 and 7 because of perceived conflict of interest. Motion
carried: 7 Yeas; 0 Nays.
July 28, 1988 491
88-47B-491-483
(15.)
DRDINANCE #9218
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE: CASE NO. 2619; A ZONING CHANGE FROM R-2 TO C-2 ZONING ON BLOCK
43 AND A PORTION OF BLOCK 42, OVERTON ADDITION, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Burl Masters presented this request on behalf of
the proponents. He stated that much work has
been done during the past 18 months to get to
this point. Mr. Masters' lengthy explanation
brought out the type of Architectural styles to
he used, the layout of the Center and its
purpose. He went on to say that Furr's, Inc. has
at this point already invested 3/4 of a million
dollars and that the construction costs alone
will he $10-12 million. His estimated time of
completion is 2 1/2 to 3 years minimum. Mr.
Masters indicated that it is their intent to pre -
lease all the commercial property before building
it.
Dr. Sam Spikes, President of Overton South
Neighborhood Association, spoke stated he was
neither for nor against the requested change, and
requested to address some pertinent points which
concern his association. Dr. Spikes pointed out
that there is no consensus in the association --
that some support and others oppose the requested
changes.
He asked that Council impose a one-year deadline
for completion of this project, or that the
zoning revert to that of 1979 if the Project is
not complete after one year.
He was strongly opposed to shared parking with
First Baptist Church and greatly concerned about
potential traffic problems. Dr. Spikes expressed
his desire that a school he constructed on this
site and made alle-gations regarding the amount
received for sale of the property.
A. B. Watkins, President of Overton North
Association, spoke favorably of the proposed
project and stated the endorsement of the full
membership of his association for this project.
Councilwoman Trejo asked if Mr. Masters had
talked with Lubbock Redevelopment Association
about the concerns of Overton South. Mr. Masters
responded that this is not an LRA project, but is
being done by Furr's, Inc.
He went on to explain that the center will have
600 parking spaces and there will he multiple
ingresses and egresses from Broadway, which is
planned as the main access. Parking plans more
than meet the Code, according to Mr. Masters.
492 July 28, 1988
Mr. Masters responded to Dr. Spikes' request that
the zone change.for.the project be for only one
year, by saying that it will take a year for him
to draw the plans and get ready to go out for
bids'and that there's no way the project can be
complete in that time.
Councilman Carpenter stated that the church has
plans to close 13th Street between their
buildings which should help with the traffic
problems.
Mayor Pro Tem Baker asked what the likelihood is
for the church and center to both need the
parking at the same time. Mr. Masters explained
that the church's hours are different from the
hours of operation of the center.
Councilman Carpenter pointed out that the
precedent for shared parking had already been set
at a previous case involving Time D.C. property.
Councilwoman Trejo asked the projected completion
schedule, and Mr. Masters replied it will be a
minimum of 2 1/2-3 years. Councilwoman Trejo
then asked Mr. Masters if he could work with a
five-year time limit.
Mr. Masters replied that in his opinion any
Council imposed time limit would be inappropriate
and would be detrimental to the project,
especially on the leasing end. He reiterated
Furr's commitment to the project as evidenced by
their $750,000 investment at the present time.
Mr. Phil Laird, Wolfforth resident, stated his
opinion that work is needed to improve public
perception of the proposal.
Mayor McMinn closed the Public Hearing.
Assistant City Manager Jim Bertram indicated by
memo that the current request represents a policy
zone case under the Lubbock Comprehensive Land
Use Plan.
He gave the adjacent land use relationships as
follows:
North - Commercial
South - City park - developed
East - Residential
West - Residential and church parking
According to Mr. Bertram, the request represents
no deviation from the current Comprehensive Land
use Plan. The Plan was amended from the original
"public use" designation to "commercial" in
October, 1986. The request is adjacent to
commer-vial on the north, and basically is an
extension of that zoning. The previous plans for
the land area development by the Lubbock Redevel-
opment Association and amended by the Commission
and City Council to the current Comprehensive
Plan indicate this block in the tier of public
use.', open space and commercial "buffer" between
heavier residential and commercial zoning
proposed toward the east from the residential to
the west. As with most large zone cases, the
July 28, 1988
493
Staff recommended that a
prior to a construction
condition.
final Site Plan approval
permit be attached as a
Mr. Bertram advised that the greatest deficiency
for commercial development at this site is the
lack of thoroughfare or major street exposure.
But, as the proponent illustrated, the nature and
style of this proposal is such that the street
access may not be critical. The proponent is
working on a shared parking contract with the
First Baptist Church. A proposal for deviation
from Code parking requirements on the site will
be heard by the Zoning Board of Adjustment. The
Site Plan illustrates 111,060 square feet in the
total construction area; 23,860 square feet in
the cultural center and 87,200 square feet in the
retail center. Although the Code has no
requirement for the cultural center, a 11200
ratio for the entire area would require 550
spaces. The Site Plan indicates 256 on -site
spaces, and the Agreement with the church will
need to involve 294 spaces to be in line with
1/200.
Staff recommended approval with the following
condition by the P&Z Commission:
1. 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 the issuance of a
building permit.
Council was advised that if the ZBA were to deny
the request for parking, this development would
be seriously short of needed parking space.
Motion was made by Mayor Pro Tem. Baker, seconded
by Councilman Patterson to pass on first reading
Ordinance #9218, with the condition that a Site
Plan, including building elevations showing
materials, color and texture be submitted and
approved by the Planning and Zoning Commission
prior to the issuance of a building permit, as
recommended by P&2 and Staff. Motion carried: 6
Yeas; 0 Nays; 1 Abstention --Councilman Maloy.
8847B-493-484
7.) Representatives from t e Lubbock International
Cultural Center Board will aRpear to request
funding for Lubbock International Cultural
Center.
Dr. Dudley Strain, representing the Lubbock
International Cultural Center, presented the
Center Board's request that Council authorize
funding in the amount of $500,000 for the
construction of a Cultural Center at the old
Thompson Junior High School site.
Dr. Strain stated that the Center presently has a
$350,000 commitment from the developer; L.I.S.D.
Board of Trustees have notified the Center Board
by letter that it will consider student usage
494 July 28, 1988
fees•as a budget line item; and that appeals for
grants and endowments have been made to various
foundations and individuals.
Dr. Strain presented the Center Board's request
that Council authorize a minimum amount of
$500,000 from the'Hotel-Motel Tax Special Fund
for the Project. He advised that foundation
grants, and individual gifts will be dependant on
the City's financial backing. He listed several
individuals and agencies who had written letters
of endorsement for this Project and said the
Center Board members are presently making
presentations to service clubs and other groups
in Lubbock to get their backing.
Dr. Strain made the following points about the
Project.
1 - The State has sanctioned the Center
as a tax-free entity.
2 - The Center is an independent agency
and its building can begin upon
acquisition of the funds. As far as
construction goes, it is not tied to
the development of the commercial
interests on the site.
3 - The Center has a 12-member Board.
4 - The Board believes the City will see
a return on its investment tax -wise
in 3-4 years.
5 - The Center will contain an
International Library which will be
available to all and which will not
be a duplication of City Library
services, but will have primarily
maps, globes, etc.
5 - The Center will contain an
Auditorium which will be available
for various events connected with
the international community.
Councilwoman Trejo questioned Dr. Strain as
follows:
She asked how maintenance of the Center
will be funded, and Dr. Strain stated
the Board is seeking a permanent
endowment for maintenance.
She asked what would happen to the
assets if the Project fails, and Dr.
Strain replied that they would revert to
the City of Lubbock.
Councilwoman Trejo then stated her opinion that
the citizens of Lubbock need to get to know each
other better. Councilman Patterson urged
appointment of Hispanics and Blacks to the Board.
Dr. Strain said the Board will be enlarged with
the intent of including members of the minority
communities.
July 28, 1988
495
By Staff memo Council was advised that the
purpose of the hotel tax reserve fund is "to
account for a portion of the hotel -Motel
Occupancy Tax allocated specifically to the
acquisition, construction, improvement,
enlarging, equipping, repairing, operating, and
maintenance of capital projects related to the
tourism and convention industry.", and that, in
the event that Council approved this request,
Staff will need to draft a contract between the
City and the International Cultural Center Board
for Council approval.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Carpenter to approve request of the
Lubbock International Cultural Center Board for
funding for Lubbock International Cultural
Center, with the understanding that the Board and
Council work out a legal agreement regarding a
one-time transfer of $500,000 to be used for
capital items for the Center and not for
maintenance. It was stipulated further that
these funds be kept by the City until transfer is
appropriate, so they can continue to draw
interest and that guidelines spelling out the
timing of transfer be set forth in the agreement.
Motion carried: 5 Yeas; 0 Nays; 1 Abstention—
Councilman Maloy.
8847B-495-485
(35.) Consider eleven agpointments to the Wastewater
ImproveTnents Advisory Committee.
Motion was made by Councilman Phillips, seconded
by Councilman Carpenter to appoint Ben Robinson,
Josh Silva, Greg Jones, Carl Stem, Lee
Pennington, Margaret Williams, Doug Boren, Billie
Caviel, Patrick Murphee, Ty Cook, and Bob Edwards
on the Wastewater Improvements Advisory
Committee. Motion carried: 1 Yeas; 0 Nays.
496 July 28, 1988
There being no further business to come before Council, motion was
made by Councilman Carpenter, seconded by Councilman Patterson to
adjourn the meeting at 12:01 p.m. Motion carried: 7 Yeas; 0 Nays.
B. C. MCMI N, MAYOR
ATTEST:
RANET E BOYD, CITY SECRE R
READ AND APPROVED THIS 11TH DAY OF AUGUST, 1988.
4L
-B. C. MCMINN, MAYOR
ATTEST:
RANETTE BOYD, CITY SECRETARY
THE STATE OF TEXAS
COUNTY OF LUBBOCK R-243
Before me F rari c e s Hernandez a Notary Public in and for Lubbock Coun
personally appeared Auf JI I ■ Al L Clint - n . - of the S
pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning, Event
being by me duly sworn did depose and say that said newspaper has been published C
than fifty-two weeks prior to the first insertion of this Legal Notice
No-82649F3- at Lubbock County. Texas a
ed copy of the Legal Notice is a true copy of the original and was p
Avalanche -,Journal on the following dates � J u I Y 13 + 8
eeAccount Mariaggr
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to belore me this 15th day of 1=, i .. . }
FORM 58-10
NOTICE OF PUBLIC HEAR fill
NOTICE IS HEREBY aIvet+ *hat
fha Cil, C "a D&WIt
hearing onOTh rn7daY. My 7L 196L
At 9:X a.m.. in the Cif, Council
bCLII.� az, to COnSidle ergo-
mendair ons by the Planning and
7,aninf Commissbn Ilyt zoning I*
a Or' certain l-uh6eickrth, in
. Texas. All iM�h d ner-
sane !nay weak, then tha City
CaiinnIt -111 act on wear remrnman,
d*ifens, The roUoriag Dow cases
rifl be heard:
ZONE CASE No. eare"
2t17-A. Rst Of David R. G,yeffe for rOni chan" from A.1 to R-I en ng
a Oran!
WAOf SWW 29, Blonk A-N and on
Loft 1.1*, Brunken Nlfl Addition
(724d to 73rd Street an, Gene*
AY* ").
ZONE CASE No. Toj. Rpuasf
fe defeof le Co wlt'" 3 Off Ord nano! 7233 On Tr*ct A, Fiesta AuIOland
AdfNflpii 15serthaan CO"W of Wh
Mid slide ROad1.
ZONE CASE NO. U17: R,,,, 01 Burl W. May tars far sonlfltl Change
From T to GJ an Tr*cr O less Eau
1 tau caner gNOMrhfh And
er Avonual. Ond f?Ylff.
ZONE CASE NO. 2,14. Aaaaal of
Terry Echols tar x,nLq change
from of., to Am an Lot 4 Sfenk r, .'�
Rreet).ockhan Addition 13601 23rd -
ION' CASE NO. U19: *"Wal At Burl W. Mislerf for ip;Hn!
ran R-2 to C-t on Bioa u And : n
or"On Of 42. Overton AddltiOe ' • T
13'11 Shoe}
And AvenueTl, k-.-;:.=c, i-3-91 3
11
THE STATE OF TEXAS R-264
COUNTY OF L['BBOCK
Before me Frances HernandezHern4ndez a Notary Public in and for Lubbock Co+ ORDIN4NCF#;*T2
personally appeared T of the AN ORDINANCE AMEND-
ING SEC IOW28•92OF THE
pers Corporation. publishers of the Lubbock Avalanche -.Journal — Morning. Five CODE OFgFVIM RCOSOFTHE
CITY OF LUBBOCK, TEXAS, IN
being by me duly sworn did depose and say that said newspaper has been published ITS RNTIREtY $0 AS TO
CHANGE THE RATES FOR SEW-
t.han fifty-two weeks prior to the first insertion of this _ Legal Notes ER SERVICE WITHIN THE CITY
OF LUBBOCK EFFECTIVE AU.
No-876K�at Lubbock County, Texas GVST1,19BBrPROVIDINGASAV.
INGS CLAUSE AND PROVIDING
ed copy of the LQsEa I Notice is a true copy of the original and was FOR PUBLICATION.
Avalanche -,Journal on the following dates: ORDINANCE#M
29 e_�
Account Manager
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 10- VIOV of August
FORM a8-la
AN ORDINANCE ABANDON-
ING AND CLOSING PORTIONS
OF A STORM WATER STORAGE
AND DRAINAGE EASEMENT
LOCATED IN SECTION 11:
BLOCK E-2. LUBBOCK COUNTY,
TEXAS, AND MORE PARTICU-
LARLY DESCRIBED IN THE
BODY OF THIS ORDINANCE; DI-
RECTING THE CITY ENGINEER
TO MARK THE OFFICIAL MAPS
OF THE CITY OF LUBBOCK TO
REFLECT SAID ABANDON-
MENT AND CLOSING; PROVID•
ING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICA-
TION.
R-264
19
A.�d ^F rri`1AN D -7 '
.. � .-....: cl , ••ray
p.4P 6"" 6 91