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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/23/1989195 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MARCH 23, 1989 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 23rd 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 8aker, 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 Assistant City Manager Jim Bertram. 2.1 The Pledge of Allegiance was given in unison by those in the Council Chambers. 3.) Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to approve the Minutes of the March 9, 1989 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. Citizen Appearances ( 4.) Board Appointments 89-48A-195-158 [ 8.) Consider Ordinance #9253 revising the construction requirements for driveways. ORDINANCE #9253 AN ORDINANCE AMENDING SECTION 24-101 AND SECTION 24-85 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK IN THEIR ENTIRETY SO AS TO REVISE THE REQUIREMENTS WITH RESPECT TO CONSTRUCTION OF DRIVEWAYS INTO PRIVATE PROPERTY FROM THE STREET AS SET FORTH IN THE BODY OF THIS ORDINANCE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. In 1987, the City hired an engineering firm to study the traffic flow/operations of 34th Street between Avenue Q and Slide Road. One of the major deficiencies noted was in the commercial driveways with very small (5') radii which makes it difficult to negotiate driveways. The engineers recommended that these driveways be reconstructed in accordance with standards established by the Institute of Transportation Engineers (ITE). Since the current City Ordinance still permits the type of driveway construction that the engineers recommended eliminating, the Traffic Engineering Department prepared a proposal for new driveway standards in accordance with those established by ITE (with March 23, 1989 Page 196 minor modifications for local conditions]. The major change involves increasing the minimum radius for a commercial driveway from 5' to 15' Another significant change involves the establishment of criteria for industrial driveways which has never existed in Lubbock before. This proposal has been reviewed by the Land Use and Developers Council, the West Texas Home Builders Association, the Building Board of Appeals, and the Commercial Realtors Association and has been recommended for approval by each. Motion was made by Councilman Maloy, seconded by Councilman Patterson to pass on first reading Ordinance #9263 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-1S16-159 [ 9.j BID #10091--Turf Equipment (Various Departments). Western Implement--1 Lt. Four (4) Flail Mowers, Multi -Gang; 1 ea. Flail Mower, 88". Lubbock Saw & Knife--2 ea. Pushmower, Reel, 20" Kitten Fertilizer, Inc.--1 ea. Rotary Mower, 6', PTO Operated Jacobsen Turf & Commercial--1 ea. Reel Mower, 14.5', Self -Propelled; 8 ea. Rotary Mower, 5', Front Deck, Diesel; 25 ea. String Trimmer, Gasoline; 1 ea. Aerifier, Floating Tine. Goldthwaites--20 ea Pushmower, Rotary, 21"; 1 ea. Sod Cutter; 8 ea. Gasoline Edger; 1 ea. Cutter/Thatcher/Seeder Vertical. Professional Turf Equipment-4 ea. Blower, Backpack. Motion was made by Councilman Carpenter, seconded by Councilman Patterson, to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48A-196-160 (10.) BID #10117--Electrical Utility Items (Central Warehouse). Westinghouse Electric Supply--150 ea. 10OW HPS Luminaire. Nelson Electric Supply--50 ea. 3/8 Strandvise. Cummins Supply--30 ea. 15 KV Stand Off Plug. Poleline Electric Supply--1,000 ea. 5/8 x 12 Machine Bolt; 150 ea. 5/8 x 12 Eyebolt. Temple Inc.--250 ea. 5/8 Eyenut; 24 ea. Small Test Switch Cover; 300 ea. 5/8 Ground Rod Clamp; 5,000 ea. Wood Staples; 6,000 ea. #4 Duplex Service Drop. March 23, 1989 Page 197 Nunn Electric Supply Carp.--30 ea. 2-Way Optical Assembly. Fields & Co.--5 ea.100 AMKC Safety Switch. Motion was made by Councilman Carpenter, seconded by Councilman Patterson, to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48A-197-161 (11.) Consider the allocation of Community Development Contingency_ Funds for the Stumpy Hamilton Park irrigation project. $56,000 was allocated from the 1988 Community Development for irrigation of Stumpy Hamilton Park. The bids received ranged from the low bid from Mannin Construction Co. at $65,623.81 to a high bid of $124,744. An additional $12,000 is being requested from CD contingency funds to bring the total funding up to $68,000. A road divides Stumpy Hamilton Park which impacted the contractor's expenses greater than anticipated. This allocation of $12,000 will decrease the Community Development Contingency Fund balance from $163,097 to $151,097. However, Bid #10101 for Lou Stubbs came in approximately $15,000 under bid and those excess funds will be returned to CD Contingency Funds upon the completion of the project. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48A-197-162 (12.) BID #10100--Stumpy Hamilton Park Irrigation. and authorize same (Parks and Recreation). Awarded to Mannin Construction --Stumpy Hamilton Park Irrigation. RESOLUTION #3059 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 ❑n behalf of the City of Lubbock a Contract by and between the City of Lubbock and Mannin Construction Company for Stumpy Hamilton Park irrigation, 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. March 23, 1989 Page 198 Passed by the City Council this 23rd day of March, 1989. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is/ -Gene Eads Gene Eads, Purchasing Manager STATE OF TEXAS COUNTY OF LUBBOCK Isj B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: ZsZ Harold Willard Harold Willard, Assistant City Attorney CONTRACT THIS AGREEMENT, made and entered into this 23rd 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 Mannin Construction Company of the City of , County of , and the State of , 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 INO. LV100 - 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. March 23, 1989 Page 199 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: CITY OF LUBBOCK, TEXAS (OWNER) Zs/ Ranette Boyd IsI B. C. McMinn City Secretary Mayor APPROVER AS TO CONTENT: APPROVED AS TO FORM: ATTEST: COMPLETE ADDRESS: Mannin Construction Company CONTRACTOR By: TITLE: Motion was made by Councilman Carpenter, seconded by Councilman Patterson, to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48A-199-163 (13.) BID #10101--Lou Stubbs Park Irrigation, and authorize same (Parks and Recreation). Awarded to Wallace Sprinkler --Lau Stubbs Park Irrigation. RESOLUTION #3060 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 Wallace Sprinkler for Lou Stubbs Park irrigation, 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 23rd day of March, 1989. ATTEST: Zs/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Z's/ Gene Eads Gene Eads, Purchasing Manager IsI B. C. McMinn B.C. McMINN, MAYOR APPROVED AS TO FORM: IsI Harold Willard Harold Willard, Assistant City Attorney March 23, 1989 Page 200 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 23rd 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 Wallace Sprinkler of the City of Lubbock, County of Lubbock, and the 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 agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 1,0101 - LOU STUBBS PARK IRRIGATION FOR THE AMOUNT OF $52,450.00 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 after the! date written notice to do 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: CITY OF LUBBOCK, TEXAS (OWNER) Is/ Ranette Boyd City Secretary APPROVED AS TO CONTENT: /s/ Carlos Vigil ATTEST: /s/ B. C. McMinn Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver Wallace Sprinkler of Lubbock CONTRACTOR By: /s/ Tracy Wallace TITLE: Owner COMPLETE ADDRESS: 4011 87th Street, Lubbock, TX 79423 Motion was made by Councilman Carpenter, seconded by Councilman Patterson, to authorize Resolution #3060 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. March 23, 1989 Page 201 89-48A-201-164 (14.) BID #10115-- Water & Waste Products Corp.--4 ea. Portable Wastewater Sampler. ISCO--1 ea. 5 Station Nicad Battery Charger. Motion was made by Councilman Carpenter, seconded by Councilman Patterson, to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48A-201-165 (15.) BID #10102--Canyon Lake #2 and #6 Landscaping, and authorize same (Parks and Recreation). Awarded t❑ T. G. Trees RESOLUTION #3061 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 ❑n behalf of the City of Lubbock a Contract by and between the City ❑f Lubbock and T. G. Trees for Canyon Lake #2 and #6 landscaping, 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 ❑f this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of March, 1989. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager STATE OF TEXAS COUNTY OF LUBBOCK Is1 B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: jsj Harold Willard Harold Willard, Assistant City Attorney CONTRACT THIS AGREEMENT, made and entered into this 23rd day ❑f March, 1989 by and between the City ❑f Lubbock, County ❑f Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunt❑ authorized to do so, hereinafter referred to as OWNER, and T. G. Trees of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. March 23, 1989 Page 202 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. 10102 _ CANYON LAKE #2 AND #6 LANDSCAPING FOR THE AMOUNT OF $16,025.00 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 d❑ 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 City Secretary APPROVED AS TO CONTENT: /Carlos Vigil ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn Mayor APPROVED AS TO FORM: Isj Donald G. Vandiver T. G. TREES CONTRACTOR By: /s/ Tony Gililland TITLE: Owner COMPLETE ADDRESS: 5401 48th Street, Lubbock, TX 79415 Motion was made by Councilman Carpenter, seconded by Councilman Patterson, to authorize Resolution #3061 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89 -48A- 202 -166 (16.) BID #10072--Pickups and Vans (Garage). Brunken Chevrolet--1 ea. One Ton Cab & Chasis as Per Spec 309; 1 ea. Pickup 3/4 Ton 4 x 4 as Per Spec 312 A,B; I ea. Van, Cargo, One -Ton as Per Spec 405; 2 ea. Van, Passenger, 12-Person as Per Spec 406; 1 ea. Suburban, 3/4 Ton as Per Spec 410; 1 ea. Pickup, One -Ton, Dual -Wheel, as Per Spec 502; 1 ea. Truck, One -Ton, W/Stake Bed as Per Spec 503. March 23, 1989 Page 203 Modern Chevrolet--9 ea. Pickup 1/2 Ton as Per Spec 307; 14 ea. Pickup 1/2 Ton as Per Spec 307 A,B; 3 ea. Pickup 3/4 Ton as Per Spec 208; 5 ea. Pickup 3/4 Ton as Per Spec 308 A,B; 3 ea. Pickup 3/4 Ton Crewcab Per Spec 310; 1 ea. Pickup 3/4 Ton 4 x 4 as Per Spec 312; 5 ea. Van, Cargo, 3/4 Ton as Per Spec 403. Motion was made by Councilman Carpenter, seconded by Councilman Patterson, to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 89-48A-203-167 (17.) BID #10073--Service Trucks (Garage). Barrett White GMC--2 ea. 32,000 Lb. Cab and Chassis. American Trailer --I ea. Utility Body & Aerial Lift. Altec Inc.--2 ea. 15,500 Lb. Aerial Lift. Gene Messer Ford Inc.--1 ea. 14,500 Lb. Cab & Chasis. Council discussed the fact that the low bidder is not local and the next low bid can provide service locally. The difference between the low bid and next low bid is $13.88. It was consensus of Council, with Councilman Phillips dissenting, that the local service factor is an important enough consideration to merit not choosing the low bid. Councilman Phillips stated his opinion that the low bid should be accepted and warned Council against becoming subjective in it bid awards. Motion was made by Councilman Carpenter, seconded by Councilwoman Trejo, to authorize bids to American Trailer and Gene Messer Ford Inc. because of local service factor. Motion carried: 6 Yeas; 1 Nay. 89-4-BA-203-168 (18.) BID #10076--Precast Concrete Manholes (Electric Distribution). Vaughn Concrete Products Inc.--5 ea. Precast Concrete Manhole. Motion was made by Councilman Carpenter, seconded by Councilman Patterson, to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 hays. March 23, 1989 Page 204 89-48A-204-169 (19.) BID #10103--Helen Hodges Ballfield Lighting, and authorize same Parks and Recreation). Awarded to Tarver Electric Company RESOLUTION #3062 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 Tarver Electric Company for Helen Hodges Ballfield Lighting, 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 23rd day of March, 1989. ATTEST: IsZ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: LsL-Gene Eads Gene Eads, Purchasing Manager STATE OF TEXAS COUNTY OF' LUBBOCK /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney CONTRACT THIS AGREEMENT, made and entered into this 23rd 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 Tarver Electric Company of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNIESSETH: 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 140. 10103 - HELEN HODGES BALLFIELD LIGHTING FOR THE AMOUNT OF $24,912.00. 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. March 23, 1989 Page 205 The CONTRACTOR hereby agrees after the date written notice to do and to substantially complete same contract documents. to commence work within ten days so shall have been given to him within the time specified in the 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: CITY OF LUBBOCK, TEXAS (OWNER) Ls1 Ranette Boyd Is1 B. C. McMinn City Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: Carlos Vigil Isj Donald G. Vandiver ATTEST: TARVER ELECTRIC CO. OF LUBBOCK CONTRACTOR By: Zs/ Joe Tarver TITLE: President COMPLETE ADDRESS: 1812 4th Street, Lubbock, TX 79415 Motion was made by Councilman Carpenter, seconded by Councilman Patterson, to authorize Resolution #3062 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-205-170 [ 5.) ORDINANCE #9264--Zone Case #2627 (located south of 19th Street from Juneau Avenue to LaSalle Place Annex. ORDINANCE #9264 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2627; A ZONING CHANGE FROM C-2, C-3, C-3 SPECIFIC USE AND C-4 TO C-4 ZONING ON LOTS I, 2, 5 AND 6, BLOCK 2, WEST END PLACE ADDITION AND LOTS I AND 2, BLOCK 1, AND LOTS 1-6, BLOCK 2, WEST END PLACE ANNEX, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. David Goyette, representing proponents, presented this request for Zone Change. No one appeared in opposition. Mayor McMinn closed the Hearing at 10:33 A.M. March 23, 1989 Page 206 Assistant City Manager Jim Bertram stated that proponents originally requested rezoning for three full blocks between Iola and LaSalle, but during the Planning & Zoning Commission hearing, the request was reduced to the area between 19th Street and the alley from Juneau to LaSalle. The original discussions between the proponents and staff included the need for replatting of the blocks to close alleys, to orient businesses towards 19th Street and to provide a screening buffer on 20th Street. The proponents could not muster all the support necessary within the three blocks for the larger land area to be redeveloped as noted above. The adjacent land use relationships were noted as follows: North - Vacant zoned C-4 with conditions South - R-1 East - Residential on 20th Street and nonconforming on 19th Street West - C-2 and C-3 undeveloped, nonconforming residential at 19th Street and LaSalle Avenue According to Mr. Bertram, the 1986 Comprehensive Land Use Plan shows commercial fronting 19th Street for one block and commercial C-4 which had been rezoned north of 19th Street. The request for "C-4" with conditions is appropriate since 19th Street is a State highway (regional thoroughfare). While the Plan discourages strip zoning, development patterns and recent zoning along this portion of 19th Street dictate a pattern of strip zoning. Mr. Bertram said that with the amended request, the proposal conforms with zoning policy in the area. The proponents requested the same permitted uses contained in the C-4 zoning to the north of 19th and also requested the standard site plan review prior to a building permit. The Planning & Zoning Commission recommended the request to City Council with two conditions: 1. That a site plan, including building elevations showing materials, color and texture shall be submitted and approved by the Planning and Zoning Commission prior to the issuance of a building permit. 2. That only the following uses shall be allowed: a. Uses unconditionally permitted in the C-3 zoning district. b. Agriculture implement and tractor sales and service (totally within a building). C. Automobile body shops, outside storage limited to customer vehicles only. March 23, 1989 Page 207 d. Automobile brake shop. e. Automobile glass shop. f. Automobile seat cover and upholstery shop. g. Automobile transmission shop. h. Automobile and recreational vehicle sales and service (may include body and paint shop, as accessory use). i. Boat and boat trailer sales and service. j. Builders supply. All materials must be in a building. k. Garage, public, repair. (Outside storage of customer automobiles authorized.) All work and separate parts shall be inside a building. 1. Garden center. M. Gasoline service station. (Business permitted outside of building and outside displays of products permitted within 3' of the building.) n. Muffler shop. o. Secondhand or used car sales lot, not including wrecking and repairing, but including minor tuning. p- Trailer and truck sales, rental or service. q. Wholesale house, sales office and storage - no cotton storage. The Staff recommended the City Council uphold the Planning and Zoning Commission recommendation. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips, to pass on first reading Ordinance #9264 as recommended by Planning & Zoning Commission and Staff. Motion carried: 7 Yeas; 0 Nays. March 23, 1989 Page 208 89-48A-208-171 ( 6.) ORDINANCE_#92C�5 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2628; A ZONING CHANGE FROM IHI TO M-2 SPECIFIC USE PERMIT FOR A WRECKING YARD ON A TRACT OUT OF SECTION 80, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Buddy Barron presented this request for Zone Change on behalf of Royce Parrish doing business as RP's Heavy Duty Towing. Richard Quimby, owner of Rescue Towing, spoke against the request. Charles Hosmer, Texas Wrecker, spoke against the request. Mayor McMinn closed the Public Hearing at 10:47 A.M. Assistant City Manager Jim Bertram pointed out that several previous requests for wrecking yards and wrecker services have underscored the fact that when a disabled or wrecked vehicle is stored at a location, the definition of salvage junkyard is automatic and an M-2 Specific Use Permit zone case is required. These operators have contended that their operations are neither junk nor wrecking yards, but are wrecker services and "repositories" as defined within the State of Texas license procedures. During the hearing, the Planning & Zoning Commission discussed the possibility of separating wrecker/towing service with storage from the salvage junkyard definition and recognized the procedural and enforcement problems associated with preventing a wrecker service/impoundment lot from becoming a retail salvage operation after several years of growth. The adjacent land use relationships are as follows: North - Industrial South - Industrial East - Industrial West - Industrial The Comprehensive Land Use Plan indicates this area for Industrial, but existing zoning is Interstate Industrial, and the primary Staff concern is visibility from the new Interstate. March 23, 1989 Page 209 Photos taken before the indicates that the site the elevated portion of Canyon. IHC/IHI Zone Case will not be visible from Interstate at Yellowhouse This site is adjacent to, and west of a legal non -conforming junkyard. Immediately north of the Canyon Lakes Project, the main lanes of I-27 are depressed beneath the railroad and Erskine and there is no view of the subject property towards the east at Erskine from the main lanes. The Planning and Zoning Commission reviewed the M-2 Specific Use criteria for wrecking/salvage yards: 1. The area is 2.5 acres versus the recommended 5 acres. The restrictions proposed by the owner satisfied the Commission that the reduced size would create no problem. 2a. The proponent has the required City and State permits. b. The site plan notes the required 6'fence. The Commission required that slats be used in the cyclone fence. No outside display area is proposed. c. The Ordinance allows no stack higher than two cards. Current storage in the yard is single height. d. The Code requires "orderly" arrangement. The yard is reasonably organized. e. Other Code procedural requirements that are in order. The Planning & Zoning Commission inquired why the business was recently written up as illegal after being in business for several years. The stimulus for investigation by Codes was a complaint by a competitor. Additionally, the yard is in an area where numerous other junkyards exist as legal nonconforming and there was no previous reason for Codes to research this particular operation. Pre-1975, junkyards were permitted in M-2, which was the base zoning of this area before being rezoned IHI. This business has also grown considerably during the last year, giving it a higher profile. The Staff indicated that the business activity simply had not been sufficient to trigger an investigation prior to the complaint. Several other zone cases are coming during the next several months based on similar circumstances. The Staff recommended and the Planning and Zoning Commission adopted the following conditions: I. Must comply with Section 29-24(c)(18)a- h of the City of Lubbock Code of Ordinance. March 23, 1989 Page 210 2. The operation be limited to the storage of towed vehicles and sales of whole vehicles or carcasses. No sales of individual parts. Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker, to pass on first reading Ordinance #9265 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 89-48A-210-172 7.) Hold a Public Hearing on amending Chapter 29 of the Lubbock City Code by ❑roviding specific trailers, and consider ordinance. ORDINANCE #926fi AN ORDINANCE AMENDING CHAPTER 29 OF LUBBOCK CITY CODE BY PROVIDING SPECIFIC REQUIREMENTS CONCERNING THE PARKING OF VEHICLES, RECREATIONAL VEHICLES AND EQUIPMENT OR TRAILERS; REGULATING PARKING SURFACES FOR ALL VEHICLE TYPES; REGULATING THE STORAGE OF RECREATIONAL VEHICLES AND OVERSIZED RECREATIONAL EQUIPMENT OR TRAILERS; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. No one appeared to speak either for or against this request which was presented by the City Staff. Mayor McMinn closed the hearing at 10:55 A.M. Assistant City Manager Jim Bertram advised that this is an amendment to Ordinance #9092 and will enable the City to clearly achieve the Council's original intent of requiring that vehicles, recreational equipment and trailers in the side yard be parked on a paved surface or behind a fence. As currently written in the RV Ordinance, Section 6 "C" allows vehicles, recreational equipment and trailers to park on a side yard without being on a paved surface or behind a screening fence. This section pertains to vehicles parked in zoning districts R-1, R-2, A-1 and A-2. The amendment also adopts Section 1 (C) (2) which requires vehicles and recreational equipment or trailers that are parked in the side yards adjacent to the street on corner lots to be on driveways, paved off-street parking or behind a screening fence. This requirement was not written in Ordinance 9092 which replaced Ordinance 9045. Another addition to the amendment, Section 1 (C) (3), is to eliminate confusion concerning parking of recreational vehicles and oversized recreation equipment or trailers in the side yards adjacent to the street on corner lots. This addition stipulates that recreational vehicles and oversized recreational equipment or trailers do not have the option to park on driveways or paved off-street parking areas but must be behind a screening fence. March 23, 1989 Page 211 Section 2 will eliminate any confusion concerning the storage of oversized recreational equipment or trailers in the side yards adjacent to the street on corner lots. This addition requires oversized recreational equipment and trailers to meet the same requirements as recreational vehicles when parked in the side yards adjacent to the street on corner lots. The Planning and Zoning Commission has reviewed and approved these amendments. Mr. Bertram reported that Staff met with representatives of the RV industry prior to the Council meeting, and encountered no opposition. The Staff recommended approval of the Ordinance. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson, to pass on first reading Ordinance #9266 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (20.) Hold an Executive Session on personnel matters to discuss appointments to: Committee for Women 89-48A-211�-173 (21.) Consider one appointment to the Committee for Women. Elizabeth Shotts has resigned leaving a term that expires on June 14, 1989. Motion was made by Councilwoman Trejo, seconded by Councilman Patterson, to appoint Karen Worley to the Committee for Women. Motion carried: 5 Yeas; 0 Nays --Councilman Phillips and Councilman Carpenter were absent from Chambers. 89-48A-211-174 (22.) Hold an Executive Session to consider pending litigation involving the City, Police Department and News Media and discuss same with Legal Counsel. March 23, 1989 Page 212 There being no further business to come before the Council, motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker, to adjourn the meeting at 11:49 A.M. Motion carried: 5 Yeas; 0 Nays. Councilman Phillips and Councilman Carpenter were absent from Chambers. B. C. McMINN, MAYOR ATTEST: '�L3 ?=WC Rane itte Boyd, City Secretary READ AND APPROVED THIS 13TH DAY OF APRIL, 1989. g s 6 . C . MCM I N , MAYOR AT Ranet►�e2lBoy ity ecre ry THE STATE OF TEXAS COUNTY OF QJBBC]CK Before me rences Hernandez a Notary Pu lic in and for Lubbock Count, PE' appeared a eared AuT1119 Accouht Manager of the So, pers Corporation. publishers of the Lubbock Avalanche -.Journal — Morning, Evenin being by me duly sworn did depose and say that said newspaper has been published co than fifty-two weeks prior to the first its;�n3 f this Lena I �ioti Ce No. 9 at Lubbock County. Texas ani ed copy of the LQ961 filditlte is a true copy of the on inal and was pri Avala50-'�Vp��oWh: "lowinjA�: g,.. March e it 1�34 7 <�';_ �` _ - Aiftount M ASer LUBBOCK AVALANCHE-,IOCIINNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 13 t h day of A rC n FORM 59.10 FIANCCrr-�� hI�r^� EE f Ox YL 193 9 R-66 NOTICE OF CITY COUNCIL HEARING NOTICE 15 hereby given to all in. terested persons as prOVided by law, that the City Council will hold a public hearing on March 23, 1989. at 10:30 R.M.. in the City Council Chambers, 1d25 13th Street, Lub- bock, Texas, to consider the recom- mendations of the Planning and Zoning Commission that the Zoning Ordinance 7091 be amended to amend sections at said Zoning Or- dinance as described below; and at which Hme and place all Interested persons will be given an opportuni- ty to be heard. after which hearing. the City Council will determine whether the Zoning Ordinance will be amended in accordance with Such recommendation: An Ordinance amending Chapter 29 of Lubbock CRY Code by providing specific requirements Concerning the parking of Vehicles, recrealion, al yehicles and equipment or trall. ors; regulating perking surfaces for all vehicle and oversized re- creational equipment or trailers; providing for a savings clause and providing for publication. NOTICE OF PUBLIC HEARING NOT10E,tS-HEREBY GIVEN that the City Council will hold a Public Hearing on Thursday. March 23