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