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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/9/1989167 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MARCH 9, 1989 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 9th day of March, 1989 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M. Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilman George Carpenter, Councilwoman Maggie Trejo, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 10:00 A.M. 1.� The Invocation was given by Jon Hubbard, Administrative Assistant. ( 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 Maloy to approve the Minutes of the February 23, 1989 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Hays. Citizen Appearances 89-4,BA-16'-136 4.) Sam Richards Chair an of the Board of City Development, appeared to request an extension regarding the reports to City Council, and authorize same. RESOLUTION #3052 RESOLUTION WHEREAS, Section 2-412(b) of the Code of Ordinances of the City of Lubbock requires that the Board of City Development file quarterly reports with the City of Lubbock; and WHEREAS, the Board of City Development operates on calendar quarters as does the City of Lubbock; and WHEREAS, in order to obtain more complete and meaningful information, it is the intent of the City Council that such reports should be provided by the Board of City Development during the month following each calendar quarter; NOW THEREFORE March 9, 1989 Page 168 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT it is the intent of the City Council of the City of Lubbock that hereafter the quarterly report required to be filed by the Board of City Development pursuant to Section 2-412(b) of the Code of Ordinances of the City of Lubbock shall be filed during the month following the last month of each calendar quarter and such date of filing shall be deemed to be in compliance with the terms of Section 21-412(b) of the Code of Ordinances of the City of Lubbock. Passed by the City Council on this 9th day of March, 1989. ATTEST: ZsZ Ranette 8oyd Ranette Boyd, City Secretary APPROVED AS TO FORM: LsZ [Lob Cass Bob Cass, Deputy City Manager /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO CONTENT: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Dr. Sam Richards, Chairman of BCD stated that according to Ordinance #8859, Section 2-412, Sub - Section 5, Paragraph B, the Board of City Development, beginning March 13, 1986, was required to make quarterly reports to the City Council. According to Staff Memo to Council, these reports are to include a summary of accomplishments, anticipated challenges and long term issues for the reporting period. Also to be included in each report is a list of budgeted expenditures to date and a complete recap of available funds for the remainder of the fiscal year. According to Dr. Richards, the Board has been in compliance with this portion of the Ordinance. The Board of City Development operates on the same fiscal year as the City of Lubbock; however, due to the fact that the first reporting was in March, the quarterly reports do not reflect the actual quarters for the fiscal operating year. The year-end report under the present system is due in September of each year, which is not the end of the current fiscal year. This means that the year-end report includes September of the previous year in order to be a complete 12 months period. Not only is it difficult to extrapolate the financials from the previous year, it is also difficult to tie current programs with current budgeted year. The Ordinance also states, without City Council approval, no more than a 90 day period will pass between reporting periods. According to Staff Memo, in order to solve the problem without amending the Ordinance, it was determined by City Attorney John Ross that the Council has the authority to approve a 30 day continuance for this reporting period, which would allow the March quarterly report to be given in April. Then the Board of City March 9, 1989 Page 169 Development would be required by Ordinance to give a report every 90 days thereafter which would allow the quarterly reports to be on a fiscal year, and more importantly, provide for a true year end report as it relates to the current budgeted year. Motion was made by Councilman Carpenter, seconded by Councilwoman Trejo to authorize Resolution #3052 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 5.) Charley Pope, Chairman of _Civic Lubbock, Inc_.. made a ❑resentation concerning the 1989 Music Festival. Charley Pope, Chairman of Civic Lubbock, Inc. stated that his purpose for appearing before City Council was to make a formal announcement that an Agreement had been reached with Ms. Maria Elena Holly and that the Music Festival for 1989 will be called the Lubbock Buddy Holly Music Festival. Maria Elena Holly was also in attendance. Staff Memo indicated that after several years of negotiations, Civic Lubbock, Inc. has entered into Agreement with Maria Elena Holly to use the name "Buddy Holly" in connection with the 1989 Music Festival. Following the 1988 Music Festival, the Music Festival Committee chaired by Barry Orr, member of Civic Lubbock, Inc., decided that the Board needed to retain the services of a professional promoter who would be responsible for obtaining named entertainment as well as promoting the festival. The intent is to host a festival that will attract attendance into Lubbock for a two to five day period from within a 150 mile radius. This meant moving the festival from the first week after school started to the middle of August and to expanding the promotional efforts to include cities such as Amarillo, Midland, Odessa, Hobbs, Clovis, etc. The 1989 Lubbock Buddy Holly Music Festival, scheduled for August 15-20, will be a six day event to include a variety of programs such as the traditional Walk of Fame, West Texas Music Reunion, possibly a West Texas Music Festival performance put on by the local West Texas Music Association, coupled with the named entertainment that Steve Corey will obtain. This announcement will culminate a very intensive negotiation process that has spanned several years and we are all pleased to have reached this point. Hopefully the event will be such a success that Civic Lubbock, Inc. can enter into a long term Agreement with Ms. Holly following this event. No Council action regarding this item was required. March 9, 1989 Page 170 89-48A-170-137 ( 6.) ORDINANCE #9248 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 55TH STREET AS 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. This Ordinance was passed on first reading on December 15, 1988. These three portions of 55th Street and the cul-de-sac area dedicated by plat to be closed are located approximately 175' east of Slide Road. The proponent of this closure is John Abney, who plans to develop this area for commercial use. This closure is a change to the original Slide Road development plan but was accepted at the December 15 Council meeting. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading of Ordinance #9248 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-413A-170-138 [ 7.) ORDINANCE #9261--Zone Case #2626 located southeast of 78th Street and Ivory Avenue -- Request of Rev. Field Benning_s (for the ACTS Church) for zoning change from R-1 to A-2 (Limited to a church) on Lots 1, 2, 3, and 4, Block 15, Trigg Heights. Addition. ORDINANCE #9261 AN ORDINANCE AMENDING ZONING ORDINANCE NO, 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE: NO. 2626; A ZONING CHANGE FROM R-1 TO A-2 ZONING, LIMITED TO CHURCH USES, ON LOTS 1, 2, 3 AND 4, BLOCK 15, TRIGG HEIGHTS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9261. Motion carried: 7 Yeas; 0 Nays. March 9, 1989 Page 171 89-48A-171-139 ( 8.) ORDINANCE #9262--Zone_Case #2402-B (located R-1 on tracts out of Section 26, Block E-2. ORDINANCE_#9262 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL. MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2402-8; A ZONING CHANGE FROM GO AND C-2 TO C-2; R-2, GO & C-2 TO GO; R-2 AND GO TO R-1 ZONING ON TRACTS OUT OF SECTION 26, BLOCK E--2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9262. Motion carried: 7 Yeas; 0 Nays. 89-48A-171-140 (lo.) Consider Resolution #3053 authorizing the Mayor to sign the cover sheet of the plans prepared by the Texas Department of Highways and Public Transportation on Spur 327 from U.S. 62-82 (Brownfield Highway) to Loop 289, Project No. CPM 380-15-11. RESOLUTION #3053 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock the Cover (Title) Sheet of the plans and specifications prepared by the Texas State Department of Highways and Public Transportation for state highway improvements to be constructed on Spur 327 from U.S. 62-82 (Brownfield Highway) to Loop 289, being State Project No. CPM 380-15-11. Passed by the City Council this 9th day of March, 1989. ATTEST: LI Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: L/ Larry Hertel Larry D. Hertel, City Engineer /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This project consists of asphaltic concrete pavement overlay (Hot Mix) with fabric underseal over the existing pavement. The overlay will be approximately I'." in thickness. Staff recommended approval. March 9, 1989 Page 172 89-48A-172-141 (11.) Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #3053 as recommended by Staff. Motion carried: 7 Yeas; O Nays. RESOLUTION #3054 RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Western Meadows Addition, Lots 21-A-1, 52-A-1, and 22-A made arrangements with Kerr Construction Company for the construction of paving improvements on a certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above mentioned addition including the following street: 55th Street Cul-de-sac construction between York Avenue and Slide Road known as New Subdivision Unit No. 2033-72; and WHEREAS, the construction of the above improvements on the above mentioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinances 1331; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above mentioned street BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to release escrow money in the ,amount of $21,940.00. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 9th day of March, 1989. ATTEST: I sL Rane_ tte Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: !SL_L.arry Hertel Larry D. Hertel, City Engineer /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Zsl J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney March 9, 1989 Page 173 This is a routine acceptance of paving improvements required at the time of platting this new subdivision, located on 55th Street immediately east of Slide Road. This approval also authorizes the release of $21,940 cash bond that the developer elected to use instead of a bank letter. No City cost is due the contractor. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize Resolution #3054 as recommended by Staff. Motion carried: 7 Yeas; 0 hays. 89-48A-173=142 (12.) Consider Resolution #3055 approving and adopting RESOLUTION #3055 PROJECT NO. 9062 1988 PAVING PROGRAM RESOLUTION RESOLUTION APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE OF GRADING, LAYING CURB AND GUTTER AND PAVING PORTIONS OF CERTAIN STREETS, HIGHWAYS, AVENUES/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND CERTAIN STREETS AND HIGHWAYS, AVENUES AND/OR ALLEYS ALONG THE BOUNDARY OF SAID CITY, FIXING THE TIME AND PLACE FOR A HEARING TO THE OWNERS OF ABUTTING PROPERTY, AND OTHER PERSONS INTERESTED IN SAID PROPERTY AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE ON BEHALF OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered that portions of streets, highways, avenues and/or alleys be improved by grading, installing concrete curb and gutter, reinforced concrete five (5) inch thick alley pavement, and street pavement with caliche base and/or asphalt stabilized base and one and one-half (1-112) inch Hot Mix, T.H.D., Type C, together with incidentals and appurtenances; and WHEREAS, the Governing Body of the City of Lubbock has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates of the amounts per front foot to be assessed against abutting property and the owners thereof, and such estimates have been prepared and examined; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. THAT such estimates be and they are hereby adopted and approved. SECTION 2. THAT NOTICE TO THE OWNERS OF PROPERTY ABUTTING UPON THE HEREINBELOW MENTIONED PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS, AND TO ALL OTHERS AFFECTED: March 9, 1989 Page 174 The Governing Body of the City of Lubbock has heretofore ordered that the following portions of streets, highways, avenues and/or alleys in and along the boundary of the said City of Lubbock, Texas, be improved by raising, grading and filling and installing concrete curbs and gutters, reinforced concrete five (5) inch thick alley pavement, street pavement with caliche base and/or asphalt stabilized base and one and one-half (1-1/2) inch Hot Mix, T.H.D., Type C, where necessary on streets, highways, avenues and/or alleys, designated below: It is hereby found and determined that the cost of the improvements on such portions of said streets, avenues, highways, and/or alleys with the amount or amounts per front foot proposed to be assessed for such improvements against the abutting property, the owners thereof, on the portions of said streets, avenues, highways and/or alleys are as follows, to -wit: The following thirty-six (36) foot width streets are known and desiignated as Unit Number 2240, Sub -Units 77 and 78. The total estimated costs of the improvements is $45,549.96. The estimated amount pier front foot to be assessed against the abutting property and the owners thereof for curb and gutter is $6.25; the estimated amount pier front foot to be assessed against the abutting property and the owners thereof for improvements exclusive of curb and gutter is $15.90 for front abutting property in residential zones. The estimated cost of each Sub -Unit is as follows: Sub -Unit 77; 78th Street from Tahoka Highway to Avenue "F"; the estimated cost of Sub -Unit 77 of Unit 2240 is $16,249.67; Sub -Unit 78; 78th Street from Avenue "F" to Avenue "D"; the estimated cost of Sub -Unit 78 of Unit 2240 is $29,300.29. The following sixty-four (64) foot width street is known and designated as Unit Number 2240, Sub -Unit Number 79. The total estimated cost of the improvements is $1,201,850.91. The estimated amount per front foot to be assessed against the abutting property and the owners thereof for curb and gutter is $6.25; the estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements exclusive of curb and gutter is $35.85 for property in residential zones and $59.75 for property in business zones. Unit Number: 2240-79; Quirt Avenue from 50th Street to Siaton Highway. The following ten (10) foot wide alley is known and designated as Unit Number A-461, Sub -Unit 06, the total estimated cost for the improvements is $23,549.59; the estimated amount per foot to be assessed against the abutting property and the owners thereof is $13.16 Sub -Unit 06, East-West alley between 23rd Street and 24th Street from Canton Avenue to Elgin Avenue. And arrangement for the making and construction of such improvements with pavement of one and one-half (1-1/2) inch Hot Mix, T.H.D., Type C, and a compacted caliche base and/or asphalt stabilized base in streets, highways, and avenues, alleys to be constructed with pavement of five (5) inch reinforced concrete slab has been made and entered into by the City of Lubbock, Texas, and rolls or statements showing the proposed amounts to be assessed against the abutting property, and the owners thereof have been filed with the City, such rolls or statements showing other matters and things, and have been approved and the City Council of said City has fixed a time and place for hearing to the owners of property abutting upon said portions of streets, highways, avenues and/or alleys and to March 9, 1989 Page 175 all others affected, at which hearing the amounts to be assessed against the respective parcels of abutting land and the owners thereof for improvements in the units upon which the particular parcels of property abut, the amounts of benefits to the respective parcels of property by means of the improvements in the unit upon which the particular property abuts, the regularity of the proceedings with reference to such improvements, the apportionment of the cost of such improvements, and other matters and things will be determined, and after such hearing assessments will by ordinance be made and levied, and such hearing will be had and held by and before the City Council of the City of Lubbock, Texas, in regular City Council Meeting Room in the Municipal Building, 1625 13th Street, in the City of Lubbock, Texas, on the 13th day of April, 1989 at 10:30 a.m. o'clock. The rolls or statements showing the proposed amounts of such assessments are on file in the office of the City Secretary and copies thereof are in the office of the City Engineer of the City of Lubbock and open to inspection of any interested parties at any time, and of all said matters and things all such owners of property, as well as any and others in anywise affected or interested, will take due notice. By order of the City Council of the City of Lubbock, this the 9th day of March, 1989. No notice other than that herein provided for shall be necessary and such notice shall be due and sufficient notice to any and all persons, firms, corporations and other parties. SECTION 3. THAT a hearing be given and held by and before the Governing Body of the City of Lubbock, Texas, to all persons owning or claiming any property abutting any part or portion of said streets, highways, avenues and/or alleys described in Section 2, of this Resolution, as well as all owning or claiming any interest in any such property. Such hearing shall be given and held on the 13th day of April, 1989 at 10:30 a.m. o'clock on the first floor in the Municipal Building, City of Lubbock, Texas, and the City Secretary is hereby directed to give notice of the time and place of such hearing, and of other matters and facts in accordance with the term and provisions of an Act passed at the first called session of the 40th Legislature of the State of Texas and known as Chapter 106 of the Acts of said Legislature which has been adopted as an amendment to and made a part of the Charter of the City of Lubbock, Texas, and as amended by Chapter 175 Acts of the 60th Regular Session of said Legislature. Such notice shall be by advertisement inserted at least three times in a newspaper published in the City of Lubbock, Texas; the first publication shall be made at least twenty-one (21) days before the said hearing; and, additional written notice of the hearing shall be given by depositing in the United States Mail, at least fourteen (14) days before the date of the hearing, written notice of such hearing, postage prepaid, in an envelope addressed to the owner of the respective properties abutting such highways, avenues, and/or alleys or portions hereof to be improved, as the names of such owners are shown on the then current rendered tax rolls of the City of Lubbock and at the addresses shown, or if the names ❑f such respective owners do not appear on such rendered tax rolls, then addressed to such owners as their names are shown on the current unrendered rolls of the City at the addresses shown thereon. Said notice shall comply with and be in accordance with the terms and provisions of this Resolution and said Acts as amended. March 9, 1989 Page 176 PASSED AND APPROVED BY UNANIMOUS VOTE OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS, THIS THE 9th DAY OF MARCH, 1989. ATTEST: /s/_Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ ILarryr Hertel Larry D. Hertel, City Engineer /s/ B. C. McMinn B. C. McMIHN, MAYOR APPROVED AS TO FORM: Zs/-J. Worth Ful l i ngim J. Worth Fullingim, Assistant City Attorney This is the fifth of five Resolutions and one assessment Ordinance necessary in levying paving assessments in accordance with requirements of State Law. The total estimated cost of two sub -units of 36' wide paving contained in this project is $45,549.96. The calculated assessment rates, based on estimated hid prices and City paving policy for these 36' wide streets are: C & G Rate = $ 6.25 per foot Front Rate = $15.90 per foot plus C & G The total estimated cost of one sub -unit of 64' wide paving contained in this project is $1,201,850.91. C & G Rate = $ 6.25 per foot Front Residential Rate = $35.85 per foot plus C & G Business Rate = $59.75 per foot plus C & G The total estimated cost of one sub -unit of 10' wide alley paving contained in this project is $23,549.59. Front Rate = $13.16 per foot The total estimated cost of this project including all widths of streets and alleys is $1,270,950.46. By State Law, assessments against abutting properties cannot exceed the enhancement values to these properties by the paving improvements and City Council will set the final assessment rates at the public hearing. The above rates will be used in the notice of the public hearing to the property owners. The advertised rates cannot be increased but may be decreased by the Council at the public hearing. An appraiser has been employed to study the enhancement value of the abutting properties as an aid to the City Council in establishing the final assessment rates. The public hearing was set for April 13, 1989 at 10:30 A.M. March 9, 1989 Page 177 Notice of the public hearing will be published three times in the newspaper and additional written notice will be mailed to the owners of property proposed to be assessed. Staff recommended approval of the Resolution approving the estimates. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize Resolution #3055 as recommended by Staff and setting Public Hearing for April 13, 1989 at 10:30 A.M. Motion carried: 7 Yeas; 0 Nays. 89-48A-177-143 (13.) Consider Resolution creating a Complete Count Committee for the 1990 Census. RESOLUTION #3056 RESOLUTION WHEREAS, the City Council for the City of Lubbock recognizes the vital importance of an accurate 1990 census, which affects our community's political representation in the U. S. Congress and in the State Legislature and also determines the percentage of Federal and State funds returned to the City of Lubbock each year; and WHEREAS, the City Council further recognizes the need for an intensive public education campaign to inform all residents about the importance of cooperating with the census; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor for the City of Lubbock BE and is hereby authorized to create a "Complete Count Committee" and to charge them with the responsibility of supporting and supplementing the mass communication effort of the Census Bureau by attempting to reach all segments of our total population and by especially emphasizing the confidentiality of the census information. SECTION 2. THAT the Complete Count Committee shall be composed of nineteen members including a chairman who shall be appointed by the Mayor. SECTION 3. THAT the Complete Count Committee members shall be chosen from the entire community and shall include representatives from all local major ethnic and cultural interests. SECTION 4. THAT the Complete Count Committee shall be dissolved June 30, 1990 to ensure ample time after Census Day for completion of its assigned duties. Passed by the City Council this 9th day of March, 1989. ATTEST: Zs/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: �s1 Jim Bertram Jim Bertram, Assistant City Manager I s1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Zs/ Harold Willard Harold Willard, Assistant City Attorney March 9, 1989 Page 178 This Committee is a necessary part of the census update process, and will serve until June 1990 to ensure an accurate local census. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize Resolution #3056 as recommended by Staff. Motion carried: 7 Yeas; 0 Hays. 89-48A-178-144 (15.) Consider Resolution #3057 authorizing the Mayor to sign a Grant Application to Texas Commission on the Arts. RESOLUTION #3057 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for Services by and between the Texas Commission on the Arts and City of Lubbock Fine Arts Center, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of March, 1989. /s/ B. C. McMinn B.C. McMINN, MAYOR ATTEST: /s/ IRanette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: (Rita P. Harmon Zs/ Donald_G. Vandiver Rita Harmon, Assistant City Manager Donald G. Vandiver, First for (Public Safety & Services Assistant City Attorney Contract for Services Between Texas Commission on the Arts and City of Lubbock Fine Arts Center State of Texas § County of Travis § SECTION 1. PARTIES TO CONTRACT This contract and agreement is made and entered into by and between the Texas Commission on the Arts, an agency of the State of Texas, hereinafter referred to as "the Commission" and City of Lubbock Fine Arts Center, hereinafter referred to as "Service Provider." The parties hereto have severally and collectively agreed, and by the execution of this contract are bound, to the mutual obligations and to the performances and accomplishments of the tasks described herein. March 9, 1989 Page 178 This Committee is a necessary part of the census update process, and will serve until June 1990 to ensure an accurate local census. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize Resolution #3056 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-178-144 (15.) Consider Resolution #3057 authorizing the Mayor to -sign a Grant Application to Texas Commission on the Arts. RESOLUTION #3057 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock at Contract for Services by and between the Texas Commission on the Arts and City of Lubbock Fine Arts Center, attached herewith, which shall be spread upon the minutes of the Council and as spread Upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of March, 1989. Is/ B. C. McMinn B.C. McMINN, MAYOR ATTEST: ZsL Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: Ls1 Rita P. Harmon Jsj Donald G. Vandiver Rita Harmon, Assistant City Manager Donald G. Vandiver, First for Public Safety & Services Assistant City Attorney Contract for Services Between Texas Commission on the Arts and City of Lubbock Fine Arts Center State of Texas § Country of Travis § SECTION 1. PARTIES TO CONTRACT This contract and agreement is made and entered into by and between the Texas Commission on the Arts, an agency of the State of Texas,, hereinafter referred to as "the Commission" and City of Lubbock Fine Arts Center, hereinafter referred to as "Service Provider." The parties hereto have severally and collectively agreed, and by the execution of this contract are bound, to the mutual obligations and to the performances and accomplishments of the tasks described herein. March 9, 1989 Page 179 SECTION 2. EQUAL OPPORTUNITY STATEMENT The Texas Commission on the Arts is committed to the principles of equal opportunity and affirmative action. The Commission will not knowingly discriminate among employees or applicants on the basis of race, color, religion, sex, national origin, age or physical handicap. These criteria will not be used by either the Commission or the contractee when making decisions. SECTION 3. CONTRACT PERIOD The period performance of this contract shall commence May 22, 1989 and shall terminate August 31, 1989. SECTION it. OBLIGATIONS OF SERVICE PROVIDER A. Services The Service Provider shall, during the period of this contract, provide the services, activities, and performances in accordance with Attachment A, which is attached hereto and hereby made a part ❑f this contract. B. Assurances The Service Provider shall perform its obligations under this contract in compliance with all of the terms and conditions of this contract and applicable requirements of the Commission and the National Endowment for the Arts. These requirements include, but are not limited to, the following: 1. Plan for the Operation, Funding and Services for the Arts in Texas; 2. Federal Office of Management and Budget (OMB) Circulars A-102 and A-128 ("Uniform Administrative Requirements for Grants -in -Rid to State and Local Governments"). 3. OMB Circular A-110 ("Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations"). 4. OMB Circular A-87 ("Cost Principles Applicable to Grants and Contracts with State and Local Governments"). 5. OMB Circular A-2 ("Cost Principles for Education Institutions"). 6. OMB Circular A-122 ("Cost Principles for Nonprofit Organizations"). 7. Part 505 (29 CFR) Labor Standards ❑n Projects or Productions Assisted by Grants from the National Endowment for the Arts. The provisions of such requirements are hereby incorporated by reference into this contract as if fully rewritten herein. Copies of the above - listed federal guidelines can be obtained from the federal Office of Management and Budget or local libraries. By execution of this contract the Service Provider agrees t❑ comply with National Endowment for the Arts regulations under Title VI ❑f the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and Title IX of the Education Amendments of 1972, as specified in Attachment B which is attached and made a part of this contract. March 9, 1989 Page 180 C. Matching Share In the performance of services and activities under this contract, the Service Provider shall provide at least fifty percent (50%) ❑f the total cost of such performance. This matching share shall be provided in compliance with Attachment F of OMB Circular A-102, and in accordance with the matching share indicated in the budget in Attachment A. The Service Provider's failure t❑ provide the entire amount of its matching share to pay for contract services during the contract period will reduce the funding provided by the Commission in a proportionate amount. D. Acknowledgment In all published material and announcements regarding this project the Service Provider shall include a special notice that reads: "This project is supported by a grant from Texas Commission on the ARts and the National Endowment for the Arts." E. Reporting Requirements 1. Evaluation Report Form The Service Provider shall establish and maintain records, which shall reflect all receipts, ❑bligations, and disbursements of funds for the project which is the subject ❑f this contract. Financial records, including substantiating documentation (e.g., payroll vouchers, invoices, bills), must be maintained. No later than thirty (30) days following the termination of this contract, the Service Provider shall submit t❑ the Commission a properly completed Evaluation Report Form, a copy of which is attached and made a part of this contract as Attachment C. 2. Audit ❑r Financial Review Following the termination of this contract the Service Provider shall provide the Commission with either: a. an audit report covering the funds awarded under this contract prepared in compliance with Attachment P of OMB Circular A-102, or b. a review ❑f the Service Provider's financial records covering the funds awarded under this contract prepared in compliance with guidelines established by the National Endowment for the Arts. F. Monitoring The Service Provider shall give the Commission the right to examine the Service Provider's records, files, books, or other written materials relating to this contract and the right at reasonable times to inspect or ❑therwise evaluate the Service Provider's work under this contract. The Service Provider shall cooperate with the Commission in arranging for and scheduling a site visit by a Commission employee or representative. SECTION 5. OBLIGATIONS OF THE COMMISSION A. In consideration of the Service Provider's full and satisfactory performance of the obligations specified in this contract and subject to the conditions of this section and the matching share requirement in Section 4(C), the Commission shall be liable to the Service Provider in an amount not to exceed One Thousand Dollars and No Cents ($1,000.00). March 9, 1989 Page 181 B. The Commission shall not be liable to the Service Provider for costs incurred or performances rendered by the Service Provider before the commencement of this contract or after the termination of this contract. C. The Commission is not responsible for any liability incurred by either the grant recipient or subgrantees as a result of the agreement between the grant recipient and the subgrantee. SECTION 6. PAYMENT BY COMMISSION The Commission shall pay to the Service Provider the amount of its liabilities specified in Section 5(A) of this contract. This payment shall be made following the date requested for payment by the Service Provider in its application for assistance. This payment is contingent upon the availability of state and/or federal funds. Notwithstanding any other provision of this contract, payment by the Commission under this contract is expressly contingent upon Service Provider's submission to the Commission of Evaluation Report Forms which are due under other contract between the Service Provider and the Commission. SECTION 7. AMENDMENTS AND CHANGES A. Except as provided in subsection B, below, any alteration, addition or deletion to the terms of this agreement shall be by amendment hereto in writing and executed by both parties hereto. All contract amendments must be approved and executed prior to the termination date of this project. An amendment is required for any of the following changes: 1. revisions of project dates (including extensions); 2. requests for reduction of the TCA award; or 3. any substantial changes in the project narrative that do not significantly change the intent of the project. B. Written approval from the Commission is required for revision of the budget in Attachment A to this contract if any of the following changes occur: 1. changes in the scope or the objective of the project or performance. 2. any change resulting in a reduction in either the amount of cash match or the total amount of match (cash and in -kind) provided by the Service Provider. 3. introduction of a budget line item where none existed in the approved project budget if such a change significantly alters the nature of the project; or 4. introduction of a subcontractor relationship where none existed in the original budget. March 9, 1989 Page 182 Any changes to the budget not specifically mentioned above do not require any approval. WITNESS OUR HANDS EFFECTIVE THIS 22ND DAY OF MAY, 1989. /s/ B. C. McMinn B. C. McMinn, Mayor City of Lubbock Organization P. 0., Box 2000 Address Lubbock, TX 79457 City„ State, Zip 8QE762;-6411 Ext. 2009 (Area) Telephone Number John Paul Batiste, Executive Director, Texas Commission on the Arts APPROVED AS TO CONTENT: IsZ Rita P. Harmon APPROVED AS TO FORM: /s/ Donald G. Vandiver APPLICATION AND OTHER ATTACHMENTS FILED WITH RESOLUTION #3057. The Texas Triennial Exhibition, an exhibition of works by living Texas artists and curated by the Houston Contemporary Arts Museum, will be on display at the Lubbock Fine Arts Center, July 17 - August 25, 1989. In January, 1989, City Council granted, through the recommendation of the Cultural Affairs Council, $2,500 for this show. The Grant Application to the Texas Commission on the Arts will help offset the expenses associated with bringing the exhibit to Lubbock the Texas Commission on the Arts has committed $1,000 for this exhibit. These funds will be used toward exhibit rental, shipping, and insurance. Staff recommended approving the Grant Application. Motion was made by Councilwoman Trejo, seconded by Councilman Maloy to authorize Resolution 93057 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-182-145 (17.) BID_#10093--Electrical Items (Central„ Warehouse)_ Westinghouse Electric Supply--250 ea. 94ACSR Formed Tie Wire; 500' S" Rigid Conduit. Poleline Electric Supply--20,000' #4 Triplex Service Drop. Armstrong Electric Supply Co.--10 ea. 250 MCM Comp. Terminal; 120 ea. 17" Jacketing Tape. Temple, Inc.--100 ea. 200 AMP DE Recp.; 150 ea. 20000 lb. Guy Hook; 300 ea. 26" Cross Arm Brace. Nelson Electric Supply--25 ea. 94/0 Tension Sleeve; 50 ea. Hot 2ndary Sectionalizer. Fields & Company--40 ea. 5" Conduit Vent. March 9, 1989 Page 183 Cummins Supply--150 ea. #2 STR-Copper Sleeve; 16 ea. 3 PH Equipment Mount. General Electric Supply Co.--100 ea. #2 STR42 SOL Sleeve. Motion was made by Councilman Carpenter, seconded by Councilman Maloy to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48A-1133-146 (18.) BID #10058--Ambassador Room Furniture (Aviation). Thomas Office Furniture--12 ea. Shelby -Williams 2525-9 Lounge Chair Grade 8 Fabric; 8 ea. Shelby -Williams 2300-22 Table & Top; 2 ea. Shelby -Williams 2200-36 Table & Top; 5 ea. Shelby -Williams 1021 Cube Pedestal Table. Designs by Deborah--26 ea. Shelby -Williams 2625-9 Lounge Chair Grade 11 Fabric; 4 ea. Shelby - Williams 5-270-1 Cuddler Sofa; 1 ea. Claridge 509-6-M Cab. Motion was made by Councilman Carpenter, seconded by Councilman Maloy to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48A-183-147 (19.) BID #10071--Peripheral Equipment for Mainframe Computer (Information Services). Phoenix Computer Group, Inc.--2 ea. IBM 3380 - BD4 DASH; i ea. IBM 3380 - AD4 DASD. Beach Financial Corporation--1 ea. IBM 3880 - 3 W/Serial No Greater Than 20,200 W/Feature #8173/Or #3005; 1 ea. IBM 3420-6 Tape Unit W/Feature #6425 Dual Density. Motion was made by Councilman Carpenter, seconded by Councilman Maloy to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48A-183 -148 (2O.) BID #10096--Golf Carts (Golf). The golf cart bids included options for lease purchase and purchase only. The lease purchase option would allow the City to receive 55 new carts whereas the purchase would allow 15 carts. The evaluation of the lost opportunity cost on the cash flow of the lease purchase proposal indicates that the lease purchase option is a break even arrangement based on the current investment rates and the rate bid on the lease purchase. March 9, 1989 Page 184 Staff recommended the lease purchase arrangement because it does allow delivery of 55 carts at one time rather than purchasing 15 carts per year over a period of three years which will immediately upgrade the cart fleet and will also reduce expenditures in the cart maintenance account. The carts also carry a lifetime guarantee for the time the City leases the carts. (The only parts not covered by warranty are normal maintenance parts, spark plugs, tires, air filters, etc.) E-2 GO TEXTRON--55 Golf Carts. (Monthly Lease Payment) 35 Month Lease Term. Motion was made by Councilman Carpenter, seconded by Councilman Maloy to authorize Lease Purchase option bid per Staff recommendation. Motion carried: 7 Yeas; 0 Nays. 89-48A-184-149 (21.) BID #9893--Over-The-Counter Payment Processin System, and authorize same (Information Services). Awarded to forth Star Systems --Hardware & Software Including Installation and Training; Annual Maintenance - Hardware & Software. (After 1st year). RESOLUTION #3058 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and North Star Systems for Over -the -Counter Payment Processing 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 9th day of March, 1989. Zs/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: Is1 Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: LsL Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: Is1 Harold Willard Harold "Willard, Assistant City Attorney March 9, 1989 Page 185 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 9th day of March, 1989 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 North Star Systems of the City of Bedford County of Hillsborough and the State of New Hampshire 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 agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 90U93 - OVER-THE4COUNTER PAYMENT PROCESSING SYSTEM (in the amount of $4 5,184.00 ) . 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 Ito 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 Boyd Secretary APPROVED AS TO CONTENT: /s/ R. E. Smith ATTEST: /Carol A. O'Reilly Assistant Secretary COMPLETE ADDRESS: 19 K,ilton Road - Bed#`ord, NH 03102 CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver North Start Systems CONTRACTOR By: /s/ Michael D. Baker TITLE: Executive Vice President Motion was made by Councilman Carpenter, seconded by Councilman Maloy to authorize Resolution #3058. Motion carried: 7 Yeas; 0 Nays. March 9, 1989 Page 186 89-48A-186-150 (22.) BID #10084--Creosote Treated Poles (Electric Production). International Paper Co.--45 ea. 35' Class 4 Poles; 70 ea. 40' Class 4 Poles; 20 ea. 45' Class 3 Poles; 15 ea. 55' Class 2 Poles. North Pacific Lumber Co.--6 ea. 80' Class 1 Pole; 6 ea. 85' Class i Pole; 2 ea. 80' H-4 Pole; 2 ea. 90' Class 1 Pole. Motion was made by Councilman Carpenter, seconded by Councilman Maloy to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-4:BA-186-151 (23.) BID #10089--Miscellaneous Water Utility Items (Central Warehouse). Moore Supply Co.--15 ea. 1" Standard Brass Gate Valve; 8 ea. 114" Standard Brass Gate Valve; 12 ea. 2" Standard Brass Gate Valve. Marta Company--20 ea. #36 Darling Main Valve Seat Gasket; 1 ea. 8 x 8 MJ Tap Sleeve. C & C Municipal Supply--2 ea. 14 CI Dresser Coupling; 15 ea. 6" Mechanical Joint Tapping Valve 125 lb. Pressure. Motion was made by Councilman Carpenter, seconded by Councilman Maloy to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-413A-186-152 (24.) BID #10094--Sulfuric Acid Electric Production). Stauffer Chemical Company--400 Tn. Sulfuric Acid 99 Commercial Grade Virgin White. (Annual Pricing). Motion was made by Councilman Carpenter, seconded by Councilman Maloy to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48A-186-153 { 9.1) Mayor McMinn announced that this item had been continued for the third time with the understanding that it would not he continued again. March 9, 1989 Page 187 Mr. Sol Thomas, Attorney for proponent Michael Duff, requested that City Council table this item until action has been taken by the Zoning Board of Adjustment on new evidence that would show that Mr. Duff's operation at this location qualifies for designation as a non -conforming use. He advised that any hearing before City Council would be moot if ZBA rules in his client's behalf. Councilman Patterson asked City Attorney John Ross to comment on whether or not action taken by Council would have an effect on a ZBA ruling. Mr. Ross stated that these are separate issues and that the matter before Council is legislative and the matter to be presented to ZBA is quasi- judicial. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to reject the request by Mr. Thomas to table the Public Hearing and that Council hold the Hearing, and take the matter to a vote at this meeting. Motion carried: 7 Yeas; 0 Nays Mr. Thomas then stated that he did not bring his case -in -chief and asked permission to speak after City Staff and further asked permission to use City materials for his presentation. Councilman Patterson stated that there is opposition from residents in that area and that his assumption was that Mr. Thomas would have brought information with him. Mr. Thomas said that his thinking (in not coming prepared for the hearing) was that holding this hearing in abeyance until after ZBA action on his client's case was the logical decision for Council to make. Mayor Pro Tem Baker asked Mr. Thomas when the case he had mentioned is to be considered by ZBA, and Mr. Thomas replied that it would be the last Thursday of the month. Mayor Pro Tem Baker then asked for verification from Mr. Thomas that the case had been filed, and Mr. Thomas stated that it had not been filed, but would be filed by the deadline which is March 16. Mayor Pro Tem Baker then asked Mr. Ross about the consequences if Council reconsiders the motion to table. Mr. Ross replied that a motion could be made by someone who voted for the motion to hold the Hearing, to reconsider the motion, and if Council took such action, then the issue of the zone change would remain in abeyance until action by the ZBA. If ZBA does not rule in the proponent's favor, then the proponent would be back to urge his position that Council legislate zoning, which request is presently before Council. If Council turns down the request, then proponent would have to observe the time requirement for re -filing. March 9, 1989 Page 188 Councilman Maloy commented that the case which was filed before P&Z is a zone change and is the request which faces Council at this time; the case Mr. Thomas intends to file with the Zoning Board of Adjustment is a legal non -conforming use, and has nothing to do with a zone change. Mr. Maloy then stated his preference for hearing and ruling on the zone case at this meeting. Mr. Thomas again requested permission to present proponent's case after the City presents its case so he could use the City's pictures. Mayor McMinn asked if Mr. Duff was present, and Mr. Thomas replied that he was not. Councilman Carpenter then asked Mr. Thomas if he received the certified letter notifying of Council intent to hear the case at this meeting, regardless of other considerations, and Mr. Thomas answered that he received that letter and in talking with various officials, they suggested any further request for tabling the hearing would have to be made in person by Mr. Thomas. Mr. Thomas went on to say that he didn't see what it would hurt to table this request. Mayor McMinn reminded Mr. Thomas that Council had previously granted two proponent requests to table. Mayor Pro Tem Baker asked if Mr. Thomas was told Council probably would not grant his request. Mr. Thomas replied he'd been told that Council would certainly not grant the request if he didn't make it in person, and his feeling was that Council tabling the matter would eliminate an extra hearing on the matter. Mayor Pro Tem Baker stated her opinion that Council had made it's decision to proceed. Mayor McMinn announced the usual format for holding the Public Hearing would not be observed; that testimony from citizens would be heard, then staff comments, and then the proponent's position, after which the Hearing would be formally closed and a vote taken. Mr. Ross called Council's attention to the fact that this Zoning Hearing is an appeal from the recommendation of the Planning and Zoning Commission and the burden to go forth on the matter is not on the City Council, but is with the proponent. Mr. Ross advised further that the City is not required to take up the burden until the applicant has demonstrated some basis on which the Planning Commission was in error. Mr. Thomas agreed with Mr. Ross that the burden is on the proponent, and reiterated his request to use the demonstrative materials the City will use since he did not bring his exhibits. Mayor McMinn granted permission for Mr. Thomas to use City materials in presenting his case. March 9, 1989 Page 189 Roy Taylor, owner ❑f property which adjoins Mr. Duff's property to the west, spoke in opposition to the zone change request. He advised there is a complete block nearby which remains undeveloped, and due to the way Mr. Duff's business has been operated during the past tw❑ years, development of that area is unlikely. He cited continuous problems with junked cars stored on the property, weeds growing up through the car bodies and visible above the fence line, and the fence being in a constant state of disrepair. Councilman Patterson asked Mr. Taylor if the proponent had visited with him about his plans, and Mr. Taylor replied that he had not. No further testimony was given in opposition to the request. Assistant City Manager Jim Bertram reminded Council that auto wrecking, junkyards and salvage yards are in the Specific Use section of the Zoning Code, with M-2 as the underlying district, because they create one of the heaviest impacts of any land use on surrounding property. The definition of junkyard has been the same since the 1955 Code and is; "(9) Automobile wrecking yard or junkyard: Any building, structure or open area used for the dismantling or wrecking of any type of used vehicles or the storage, sale or dumping of dismounted or wrecked vehicles or their parts and accessories, including any farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition and including the commercial salvaging, storage and scrapping of any other goods, articles or merchandise." Mr. Bertram said the proponent has contended since April, 1985 that the use is an impound lot, and not a salvage or wrecking operation; however, the storage of wrecked and disabled vehicles at the site places the use within the definition noted above regardless ❑f the name of the operation. According to Mr. Bertram, more than three years ago, Mr. Duff questioned Codes personnel about storage of wrecked or towed vehicles at the site, and the response was the use is not permitted in M-1; however, Mr. Duff, through his attorney, has maintained he was led to believe the location was appropriate. In addition, the proponent was given the results of a June, 1985, Zoning Board of Adjustment decision for an appeal of an administrative ruling that the Northside Auto (located on Northeast Loop 289 west of the Nunn Electric facility), was a salvage yard. Northside contended that storing the car parts in the open was a parts operation; the staff ruled it a salvage and wrecking facility; and ZBA upheld the administrative ruling. March 9, 1989 Page 190 Subsequent to June, 1985, Mr. Duff's ❑peration has been written several notices of violation; but the first series of enforcement proceedings lapsed when the inspector left the City of Lubbock. Efforts toward conformance with the Code continued through another inspector assigned to the area, and since July of 1987 15 tickets have been issued. Each citation is for location of a junkyard in an M-1 district. Mr. Bertram stated this zone change request results from a long enforcement history, and that current pending court proceedings and trial dates have been put on hold awaiting the outcome of these hearings. This history was reviewed with the Planning and Zoning Commission to clarify the Position Codes and Legal Staff, as well as to dispel any notion that the operation has ever had administrative approval for this location. Mr. Thomas, illustrated other possible code violations in the area with photos to suggest sympathy for his client, but P&Z was not swayed by the contention other violations may exist in the area. At the hearing, P&Z was reminded that their challenge for the zone change request was to consider compatibility of the operation with adjacent land uses, which include: North - Vacant, zoned M-1 South - Vacant, zoned M-1 East - White Swan distributors, zoned M-1 West - Retail/wholesale sales center, zoned M-1 Mr. Bertram pointed out the area is an industrial policy area within the Comprehensive Land Use Plan, but that zoning policy and the Zoning Code require salvage, wrecking and junkyards in an M-2 Specific Use Permit because of the intensity of the operations. The operation is in violation not only of the Zone District but also several of the Specific Use Permit guidelines; as follows: 1. The site is required to be 5 acres or more in size; it is 2.5 acres. 2. The operator must be licensed; Rainbow Wrecker Service is a licensed operator. 3. R 5' wood, masonry or equivalent fence approved by the Planning and Zoning Commission and City Council on a detailed site plan; the site is surrounded by a chain link fence which has sheets of corrugated metal behind it. March 9, 1989 Page 191 4. An outside display area may be in front of the screening fence: a. 25' front setback; b. screen fence must surround on sides and rear; and C. the maximum display area is rear; and 5% of the development lot. Rainbow does not have a display area at this location. 5. Stack may be not higher than the fence unless setback inside the fence a minimum of 75', then the wrecks may be stacked two high; all stack in the existing compound is only one vehicle or less in height. 6. Arrangement of junk, parts and auto bodies must be reasonably kept; existing storage operation is neat and orderly. 7. Other City Codes apply. 8. No advertising is allowed on the screening fence; no signs exist for Rainbow except two identification signs at the front gate. The current operation transportation system. down the unpaved 49th complaints, but any us create a lot of dust s unimproved. has little effect on the Wreckers driving fast Street have caused ers of the property could ince the road is By memo, Council was advised that the entire area around this site is zoned M-1, and what is developed is conforming; however, even if a difference existed in the Zoning Code for impound/storage lots versus salvage yards, the business easily evolves into a wrecking/ salvage operation for economic reasons. Based on the use not being compatible with the adjacent land uses, the Planning and Zoning Commission Staff recommended denial. Staff recommended that the City Council uphold that decision. Six affirmative votes are needed by Council to overturn the Planning and Zoning Commission ruling. Mr. Thomas testified that the purpose for this request was not to allow use as a wrecking yard for dismantling/storage of car parts, but rather as a temporary holding lot. He said none of the cars remain on the lot more than the legal amount of time for an impound lot and are moved to a place for repair or are hauled for crushing and recycling when the time is up. He went on to request that staff look at the definition of a wrecking yard in that there are several impound lots that don't dismantle vehicles or store parts. March 9, 1989 Page 192 With regard to Mr. duff's intentions when he purchased the property, Mr. Thomas verified the property was strewn with junked vehicles which had been there for some time, and it was proponent's understanding he would be able to use the property as an impound lot. Based an this assumption, Mr. duff made a considerable investment and even though the fence is sometimes damaged, a large amount of money was expended to build the fence so the property would be in compliance with the spirit of hiding the impounded cars from the view of traffic of any adjoining street. With regard t❑ dust being created on 49th Street, Mr. Thomas said Mr. Duff's vehicles can be driven another way; however, all vehicles using this unpaved street will create dust. Further, according to Mr. Thomas, no noxious odors are created and no loud noises are made other than that ❑f a tow truck pulling in and unhooking a disabled/impounded vehicle. No retail parts are sold from this location and Mr. duff does hold an automobile dealer's license and has sold whole vehicles wholesale from this property. Mr. Thomas stated his opinion that this area does not really qualify as a wrecking yard and should be allowed in its current zoning, or the zoning needs to be changed. In the hearing before P&Z, Mr. Thomas said, he showed over 100 pictures taken at random throughout the City, which portrayed worse infractions which are allowed, and if the object of the zoning is to keep the city clean and all ❑f the junked vehicles in one area, and to assure they are properly disposed of, then in Mr. Thomas' ❑pinion, Mr. duff is complying with the spirit of the law. Councilman Patterson asked if Mr. duff communicated with the residents of the area, and Mr. Thomas replied he had communicated on behalf of Mr. duff at the P&Z hearing, but could not answer whether or not Mr. duff had spoken with these residents. Mr. Thomas advised that after he advised the residents of the proponent's intention, they did not voice objection. Councilman Patterson asked if there was abjection at the hearing, and was told Mr. Taylor was the only one in apposition. Councilman Patterson reported that Council had several letters of apposition, and admonished Mr. Thomas about his (Councilman Patterson's) concern over the apparent lack of communication by Mr. duff with the residents of the area. At this point, Mr. Taylor came to the podium once again and advised that Mr. Richards, who owns six lots in that area, attended the P&r hearing and that Mr. duff visited with him. Mr. Richards also remains apposed to this request and asked Mr. Taylor to convey to Council his opposition. March 9, 1989 Page 193 Councilman Carpenter said he had been contacted by two of Mr. Taylor's tenants who oppose the request. He went on to report, according to pictures taken by the City Staff, there is n❑ solid fence across the north side, between White Swan or where one would come in from 50th looking into the area from the east side, and that he has driven by often since the case was first introduced, and the metal fence around the front has been in disarray for the last several months. He expressed surprise the proponent had not repaired the fence and cleaned up the property, in light of the fact the request was coming before Council. Mr. Taylor confirmed the continuous state ❑f fence disrepair, and said the visible fence damage from 50th is not nearly as bad as that between the two properties, and that the cars Mr. Thomas said were only stored for a short time, had actually been stored there for about 2 years. Mayor McMinn closed the Public Hearing at 11:00 a.m, and called for Council discussion or a motion. Motion was made by Mayor Pr❑ Tem Baker, seconded by Councilman Patterson t❑ uphold Planning and Zoning Commission recommendation, and to deny the request for zone change. Motion carried: 7 Yeas; 0 Nays 89-48A-1914-154 (16.) Hold an Executive Session o discuss pending litigation (Police „Department)_ (25.) Hold an Executive Session ❑n Personnel Matters to discuss appointments to: The 1990 Census Complete Count Committee Board of Health Parks and Recreation Board 89-48A-193-155 (26.) onsider 19 aRpointments to the 1990 Census Complete Count Committee. Motion was made by Councilman Phillips, seconded by Councilman Patterson to appoint: Chip Gilmour, Lucy Eade, James D. Eppler, Dirk West, Suzanne Johnson, Jack Schnieder, Larry Lucero, Abner Euresti, Wesley Hallmark, Octavia Givens, Walter Ledesma, Rev. Kad❑ Lang, Rose Wilson, Tavita Dorow, Eddie Richardson, Delbert McDougal, Kenneth May, Dr. Maria Rivas, and Robert R. Narvaiz t❑ the 1990 Census Complete Count Committee. Motion carried. 6 Yeas; 0 Nays. Councilman Carpenter was absent from this portion ❑f the Meeting. March 9, 1989 Page 194 89-48A-194-156 (27.) Consider one appointment to the Board of Health. Jose Ramirez has declined_ his appointment. It was consensus of Council to hold appointment to the Board of Health until the next Meeting on March 23, 1989. 89-48A-194-157 (28.) Consider three appointments to the Parks and Recreation Board. The terms of Mel Pope, Al Couch,and Bob Covington _ will expire on _March 31, 1989. - Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to reappoint Mel Pope, Al Couch, and Bob Covington to the Parks and Recreation Board. Motion carried: 6 Yeas; 0 Nays. Councilman Carpenter was absent from this portion of the Meeting. There being no further business to come before the Council, motion was made by Councilman Patterson, seconded by Councilman Phillips to adjourn the Meeting at 2:15 P.M. 6. C. McMINN, MAYOR Ranette oyd, City Secretar READ AND APPROVED THIS 23RD BAY OF MARCH, 1989. B. C. McM-INN, MAYOR ATTEST: 4ante oy , City Secr ary - Y! SQOOaWQWZI`FO�� WWI Z �G.: iigzpL Oza Q' _i Ux4N���Hlix 'J i {I!{V�QN W'�S7.n1OQx ,410 ° Qp Wa°dY 2 'W'Loo �volz 2~VQA ai ZJW W-�+Oz ar ° zoo.>wWrG°�YiOV=d0 a o°Nag°w rzxap ° �zr;V�'ffVzNm4mp�A� aa�maw uyzJ_a�'gaH" Oaz°wOwz"'z�0"aod} �iR%umeQ�aN ?zrNu ed copy of the Avalanche -Journal on the c lowinj,, e�' 192 Words P . 264 Accmunt Manaeer LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation doa,eO ----- - w?FLivw'�o'Jvg �W m33 -so �d NLL �ZW7� JtOb i a4.ajgw°ja0"4¢ Zan ooNFuRa o zo }wWuuO�rwu p� ° a�ir4�Ni�Qaow'?o`o °zo Nxv'�'_fflow'iIg z R— 7 1. .,ubbock County, Texas on this day of the Southwestern Newspa- �rning, Evening and Sunday, who n published continuously for more X�Q~Xdd� �x z4� unty, Texas and the attached print - IL o � a;��� nal and was printed in the Lubbock Marcn ZL 1989 Subscribed and sworn to before me this 216 tday of Ha r c h FORM 58-10 DIANA WHITEHEAD NOTARY PUBLIC in and For State of Texas a My Commission Expir*& 9.26.90 h 19 89 J co