HomeMy WebLinkAboutMinutes - City Council - Regular - 4/27/1989244
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
APRIL 27, 1989
10:00 A.M.
The City Council of the City of Lubbock, Texas met in regular session
on the 27th day of April, 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 City Manager Larry
Cunningham.
( 2.) The Pledge of Allegiance was given in unison by
those in the Council Chambers.
( 3.) Motion was made by Councilman Patterson, seconded
by Councilman Phillips, to approve the Minutes of
the April 13, 1989 Regular City Council Meeting
as written. Motion carried: 7 Yeas; 0 Nays.
89-48A-244•-212
( 4.)
r on behalf of the Four
anc
Chuck Kerschner, owner of the Four Bar K Ranch,
appeared to request a loudspeaker permit for
Saturday, May 6, 1989 from 8:00 P.M. until 11:00
P.M. for a "Bells & Bows" party and to withdraw
his request for a permit for April 29, 1989
because he would not be in compliance with ZBA
requirements for paved parking area.
According to Staff memo, Mr. Kerschner has held
several parties in previous years at this
location without obtaining the proper City
permits and the City became aware of his
operation because of many complaints from
neighbors about excessive noise. As a result,
Mr. Kerschner applied for special exemption from
the Zoning Board of Adjustment. The ZBA decided
that Mr. Kerschner could continue his operation
on Four Bar K Ranch if he obtained a loudspeaker
permit from the City Council; if all parking for
functions at the Four Bar K Ranch is on the
development lot (Paved parking shall be provided
for 50 vehicles.); and if he meets all City
Health Code requirements for toilet facilities.
April 27, 1989
Page 245
Motion was made by Councilman Maloy, seconded by
Councilman Phillips, to deny this request for a
loudspeaker permit based on opposition from those
living near the site. Motion carried: 7 Yeas; 0
Nays.
89-48A-245-213
( 6.) ORDINANCE #9268--Abandoni
on
ORDINANCE #9268
an❑ a bian
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A BLANKET
UNDERGROUND UTILITY EASEMENT AND A BLANKET GARBAGE COLLECTION
EASEMENT, BOTH OF WHICH ARE LOCATED IN LOT 3, CAMELOT ADDITION TO THE
CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER
TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID
ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson, to pass on second and
final reading Ordinance #9268. Motion carried:
7 Yeas; 0 Nays.
89-48A-245-214
( 7.) ORDINANCE #9270--Establishing a 55 MPH speed
limit on Erskine Street between Quaker Avenue
and Milwaukee Avenue.
ORDINANCE #9270
AN ORDINANCE ESTABLISHING THE PRIMA FACIE SPEED LIMITS ON
PORTIONS OF ERSKINE STREET, AS HEREINAFTER MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS
WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT
OF SUCH CONFLICT; LIMITING APPLICABILITY OF THE ORDINANCE TO ONLY
THOSE STREETS OR HIGHWAYS NAMED HEREIN; DECLARING THAT THIS ORDINANCE
SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson, to pass on second and
final reading Ordinance #9270. Motion carried:
7 Yeas; 0 Nays.
( 9.) Hold a Public Hearing to consider the request of
Socorro Exploration for an Oil and Gas Drilling
Permit for a tract located approximately 990'
north of East Erskine and 2308' east of North
Guava. Designation of the well is H. Newton #3.
Barney Adams, President of Socorro Exploration,
presented request for drilling permit. No one
appeared in opposition. Mayor McMinn closed the
Public Hearing at 10:27 A.M.
April 27, 1989
Page 246
89-48A-246-215
(10.) Consider approval of an Oil and Gas Drilling
Permit for H. Newton #3.
On March 28, 1989, the City received application
for a permit to drill this well. The storage
site is proposed in conjunction with the well
site.
Staff advised by memo that the application is in
order. The production unit is unitized, contains
40 acres, and has a maximum diagonal of less than
3,000'. Socorro proposes earth sludge pits and
no landscaping at the well and storage site. The
blow-out protector has a minimum rating of 3,000
psi. Disposal of waste materials is proposed at
a Railroad Commission approved dump outside
Lubbock County and access to the drill and
storage site is proposed from East Erskine on
private property.
SHORT TERM IMPACTS:
Minimum impact is expected for the short term
since the area is uninhabited and current use is
agricultural. The well and storage site are
remote from existing residential or commercial
development.
POTENTIAL LONG TERM IMPACTS:
The land area surrounding and including this
Lease is designated single-family on the 1986
Comprehensive Land Use Plan. Since little
additional development is projected in the
immediate area, and no proposed residential
development has been proposed recently for this
area, long term negative impacts should be
minimal. Production may be exhausted before
major developments occur in this area.
RECOMMENDED PERMIT CONDITIONS:
1. No hydrocarbon lubricant (waste oil) shall be
used to free -up the hole during drilling
until after the first series of surface
casing has been set which will protect the
water aquifer. The first series of casing
depth shall be in compliance with the Texas
Water Commission requirements.
2. The permittee shall notify the Lubbock office
of the Texas Railroad Commission of the
intended dates for casing the well.
3. Casing of the well shall be in substantial
compliance with applicable portions of Rule
13 of the Texas Railroad Commission.
4. The permittee shall meet all other conditions
of Section 14, Article VI of the Lubbock Code
and those specifications indicated within the
application of Texas for H. Newton #3.
Motion was made by Councilwoman Trejo, seconded
by Councilman Patterson, to approve and authorize
issuance of an Oil and Gas Drilling Permit for
Socorro Exploration H. Newton #3 as recommended
by Staff. Motion carried: 7 Yeas; 0 Nays.
April 27, 1989
Page 247
89-48A-247-216
(14.) Consider
to execute an agreemen
Cooper, Inc. to perfor
street improvements on
RESOLUTION #3071
uthorizing the Mayor
Parkhill, Smith and
eerina services for
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock an agreement to be entered into by and between said City and
Parkhill, Smith and Cooper, Inc., Engineers - Architects - Planners,
to perform engineering services for said City on construction of
improvements on 34th Street from Loop 289 to Milwaukee Avenue,
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 27th day of April, 1989.
ATTEST:
/s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Larry D. Hertel
Larry D. Hertel, City Engineer
AGREEMENT FILED WITH RESOLUTION #3071
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim,
Assistant City Attorney
By memo Council was advised that the
Street/Drainage Engineering Department is
experiencing increased difficulty in maintaining
the schedules set out in the Capital Projects
Budget. Available design staff, day- to -day
workload and other projects (exclusive of those
listed in the Capital Projects Budget) have
delayed work planned on capital projects.
The Street Capital Projects currently funded
include:
Quirt - 50th to Slaton Highway
Erskine tie-in to IH-27
34th Street - Loop to Milwaukee
50th and Avenue Q widening
34th and Quaker intersection
reconstruction
Detroit - Clovis Road to 4th Street
The City Council is expected to consider the
project of 82nd Street strip paving from Quirt to
IH-27, in the near future.
April 27, 1989
Page 248
Other projects in the 1987 Bond Issue with unsold
bonds include:
Avenue H tie-in to IH-27
50th and Quaker intersection reconstruction
50th and Slide intersection reconstruction
98th Street - Indiana to Slide Road
Consideration is requested for allowing
consulting firms to provide engineering services
for 2 of the previously listed projects due to
the reasons listed above. These projects are:
(1) 34th Street - Loop to Milwaukee; and (2)
Detroit Avenue - Clovis Road to 4th Street
The 34th Street project will not only require the
basic design services ❑f plans, specifications,
estimates, storm drainage requirements and
analysis of pavement structure but will also
involve coordinating utility relocations,
preparing necessary documents for assessments,
surveys, right-of-way parcel maps, and
topographic design surveys. Since this
thoroughfare extends across a lake area, special
soil investigations and cut and fill plans,
surveys and documentation will be required.
Detroit Avenue, although only proposed for
collector street construction, will als❑ require
substantial design time. The widening ❑f the
street in an existing developed neighborhood will
require boundary, improvement and topographic
surveys; utility relocation plans, conferences
and coordination; and design, plans, profiles,
and specifications of the paving improvements.
Special problems of existing streets, properties
and parking lots both vertically and horizontally
along with adjustments to existing storm sewers
will require additional design time.
Requested engineering services will be limited to
the design phase of the projects and other than
periodic visits during construction, assistance
with special problems encountered or questions on
plans and specifications, the consultant's
services will end with the preconstruction
conference. The City Staff will administer the
contract, prepare estimates, and perform
construction surveying, materials testing and
inspection ❑f construction.
Staff recommended that Parkhill, Smith and
Cooper, Inc. (PSC) and Hug❑ Reed and Associates
(HRA) be allowed t❑ perform these engineering
services, because ❑f the firms' experience and
reputation; experience of the firms' staff;
available manpower; and Registered Professional
Engineers ❑n staff.
It was further suggested that PSC be assigned the
34th Street project because of their experience
with assessment projects. They are expected to
use Wilson Surveying which will allow surveying
needs t❑ be split between the two larger local
firms. HRA has done all previous surveying for
right-of-way parcels on Detroit Avenue and it was
recommended that they be assigned this project.
April 27, 1989
Page 249
34th Street Agreement information:
PSC's Agreement proposes compensation for
engineering services ❑n a cost -plus -a -fixed fee
basis.
Their fee proposal is for a total cost ❑f $81,166
plus a "fixed fee" of $12,174 for a total of
$93,340 for basic services. This total will not
be exceeded for performing basic services but may
be reduced if the consultant uses less time than
estimated. Based on estimated construction costs
❑f $1,673,000 this equals 5.58% engineering fees
and the Consulting Engineering Council's
recommended median compensation for this type
project could be up to 7.1% of project costs.
Additional services included in the agreement
include: Cut and Fill Plan; Survey and ROW
parcels; and Topographic surveys.
The total cost to perform these additional
services will not exceed $38,000 and will be
based on actual hours used.
The total compensation t❑ PSC will not exceed:
Basic Services $ 93,340
Additional Services 38,0.00
$131,340
34th Street is proposed t❑ be constructed with
concrete paving. An economic analysis was
performed when this project was estimated to
provide funding for concrete at the "break-even"
unit price. If the bid for concrete exceeds this
"break-even" price, the plans and specifications
will require modification for asphalt paving
details. The project will then be re -bid using
asphalt. PSC included a provision in their
agreement t❑ provide this re -design, if
necessary, at a maximum cost ❑f $17,500.
PSC's proposed schedule indicates this project
will be bid February - March, 1990, assuming no
major delays in acquiring right-of-way or
problems with assessments.
Staff advised that existing funding for this
project is adequate to cover the expenses for the
proposed engineering services.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Maloy, t❑ authorize Resolution
#3071 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
�15.} Consider Cit 's participation in East-West
Freeway Project and take appropriate action.
Mayor McMinn announced that this item was not yet
ready for Council action.
April 27, 1989
Page 250
89-48A-250-217
(16.) Consider Resolutio
r
to execute a contract with the lexas Historical
Commission to fund local historical preservation
RESOLUTION #3072
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 and all related documents during the effective
dates of the Contract, by and between the City of Lubbock and the
Texas Historical Commission for historic preservation programs,
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 27th day of April, 1989.
ATTEST:
/s/_Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Bertram
Jim Bertram, Assistant City Manager
for Development Services
CONTRACT FILED WITH RESOLUTION #3072
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
The Planning Department has received notice of a
$3,500 grant from the Texas Historical Commission
to fund local historic preservation activities.
Part of this money will pay costs from the City,
Southwest Collection Staff, and Urban Design and
Historic Preservation Commission to attend the
Certified Local Government Conference in Austin
May 4-6, 1989. Attendance at this conference is
a requirement for the City to keep its Certified
Local Government status and maintain eligibility
for Historical Commission Grants.
The balance of the funds will g❑ toward the co-
sponsorship by the Urban Design Commission (with
the Texas Tech College of Architecture) of a
symposium at Texas Tech in November on the
preservation of religious architecture in the
American Southwest.
The City will control expenditures of funds from
this grant, which will be matched with monies
from the College of Architecture, Lubbock
Heritage Society, and National Trust for Historic
Preservation, and a limited amount of City Staff
time for administration. Staff recommends
approval.
April 27, 1989
Page 251
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson, to authorize Resolution
#3072 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
89-48A-251-218
(17.) Consider Resolution #3073 authorizing a Street
Use License to Texland Petroleum Inc. for an
flow pipeline under Municipal Drive.
RESOLUTION #3073
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 'Street Use License Agreement to be entered into by and
between the said City of Lubbock and Texland Petroleum, Inc.,
attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this 27th day of April, 1989.
ATTEST:
s Ramette Boyd
Ranett.e Boyd, City Secretary
APPROVED AS TO CONTENT:
s Ed Bucy
Ed Bucy, Right -of -Way Agent
THE 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
STREET USE LICENSE
This indenture made this 27th day of April, 1989, being the
date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home
Rule Municipal Corporation, and TEXLAND PETROLEUM, INC., hereinafter
called "LICENSEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the
CITY OF LUBBOCK does hereby grant to the LICENSEE, the right,
privilege and license to use a portion of dedicated streets to
construct and maintain crude oil flow pipeline, this license being
classified as a subsurface license, and such pipeline shall be
constructed of tubular steel and have a minimum cover of at least 40
inches from the ground surface at the following locations:
Field notes on a 10.00 foot Street Use License, being a
distance of 5.00 feet on each side of the centerline, out of
Section 5, Block A, Lubbock County, Texas, and the centerline
being more particularly described as follows:
April 27, 1989
Page 252
BEGINNING at a point in the South R.O.W. line of Municipal
Drive, whence the Northeast corner of Section 5, Block A, bears
North 510.00 feet and East 100.00 feet;
THENCE N. 25023' West, crossing Municipal Drive for a total
distance of 100.00 feet to a point in the North R.O.W. line of
Municipal Drive.
1. The term ❑f this grant shall be for five (5) years from
date hereof, and shall be automatically extended for successive five
(5) year terms not to exceed twenty (20) years in any event unless
either party shall give written notice of termination to the other
party before the expiration of the first, second or third five (5)
year term, as the case may be, and the CITY OF LUBBOCK retains the
right at its election to cancel and revoke this license with or
without cause upon notice to LICENSEE. Said notice shall be deemed
properly served if deposited in the post office, postage paid,
addressed to LICENSEE at 3402 Fort Worth National Bank Building, Fort
Worth;, Texas 75102, ❑r the last known address of LICENSEE.
Upon the expiration ❑r cancellation and revocation of this
license by the CITY OF LUBBOCK, or the abandonment ❑f the license by
the LICENSEE, the improvements that are permitted under this license
shall be removed by the LICENSEE and the property shall be restored
to its original condition at no cost ❑r expense t❑ the CITY OF
LUBBOCK. In the event LICENSEE fails or refuses to remove such
improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK
shall take possession and remove or cause t❑ be removed such
improvements, and the expense incurred shall be assessed against
LICENSEE for which LICENSEE shall be liable.
2. LICENSEE shall pay to the CITY OF LUBBOCK as compensation
for such grant the sum of TWO HUNDRED FIFTY AND NO/100 ($250.00)
DOLLARS cash in advance contemporaneously with the acceptance and
execution hereof by LICENSEE for the first five (5) year term of this
license, and thereafter such rate of compensation may be changed for
each succeeding five (5) year term by the CITY OF LUBBOCK t❑ a rate
❑f compensation which is based on procedures and policies as
established by the City Council ❑f the CITY OF LUBBOCK based on an
appraisal of the fair market value of such land by the Right -of -Way
Department of the CITY OF LUBBOCK as applied t❑ the formula for
determining such rate established by the City Council. If such rate
is not: changed by the CITY OF LUBBOCK, the rate for the preceding
five (5) year term shall apply. The CITY OF LUBBOCK shall notify the
LICENSEE ❑'f any change in rates in writing before the start ❑f the
five (5) year term t❑ which such change in rate shall apply, and if
such notification is not made, then the rate for the preceding five
(5) year term shall apply•
3. The LICENSEE agrees t❑ pay all costs arising ❑ut ❑f the
exerciise of this license herein granted, including but not limited to
the replacement and repairing of paving, sidewalks and utilities ❑f
any nature occasioned by the construction as authorized by the
license.
4. In the event the CITY OF LUBBOCK determines that the
existence ❑f such use interferes with ❑r causes the rerouting or
realignment ❑f any public utility, franchised utility ❑r sanitary or
storm sewer line constructed or to be constructed by the CITY OF
LUBBOCK or franchised utility, LICENSEE agrees t❑ reimburse the CITY
OF LUBBOCK or such utility, as the case may be, for its expense in
relocating or rerouting over and above the expense which would have
been incurred except for LICENSEE'S use herein.
5. This license is not transferable by the LICENSEE without
first receiving the written consent ❑f the City Manager ❑f the CITY
OF LUBBOCK.
April 27, 1989
Page 253
6. This license is made subject to the condition that should
the LICENSEE exercise any right under the license herein granted and
prepare or begin or complete any part of the construction as herein
contemplated across any or all ❑f the above described property, then
and in that event said LICENSEE, its successors and assigns, will at
all times defend, indemnify and otherwise hold the CITY OF LUBBOCK,
its agents, servants and employees harmless from any and all claims,
demands, actions, causes of action, suits at law or in equity of
whatsoever kind or nature which may grow out of or be related to the
making of this license or the construction or maintenance and use
permitted herein. The CITY OF LUBBOCK, at its option, may require an
agreement with any contractors hired by LICENSEE to perform the
construction, repair or maintenance permitted herein, which agreement
will -indemnify the CITY OF LUBBOCK from and against all claims,
liability, cost and expense growing ❑ut of the performance of the
work Ito be done by such contractors. The CITY OF LUBBOCK may further
require any of said contractors, when engaged in the construction,
repair or maintenance permitted herein, to furnish, without expense
to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in a
form satisfactory to the said CITY OF LUBBOCK, guaranteeing the
faithful performance of all the terms, covenants and conditions
contained in said agreement, and a certified copy ❑f a policy of
public liability insurance assumed by said contractors in said
agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to
give notice t❑ LICENSEE prior to incurring any costs or expenses or
the payment of any such claims or demands in order to give LICENSEE a
reasonable opportunity to settle or adjust the same.
7. LICENSEE agrees and is required to furnish a policy of
public liability and property damage insurance, within limits
specified by, and in a form satisfactory t❑ the City Attorney for the
CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the insured,
said policy covering the uses herein granted.
S. Prior to any construction as authorized by this license,
the LICENSEE shall submit to the City Engineer plans and
specifications for the construction to be done, and the LICENSEE
shall not commence construction until such plans and specifications
are approved by the City Engineer.
9. All of the covenants and provisions of this license shall
be binding upon and inure to the benefit ❑f the successors, legal
representatives, assigns and the duly authorized agents and
contractors of the parties hereto t❑ the same extent and effect as
the same are binding upon and inure t❑ the benefit ❑f the parties
hereto, but no assignment hereof by the LICENSEE, its successors or
assigns, shall be binding upon the CITY OF LUBBOCK without the
consent of the CITY OF LUBBOCK in each instance, except as specified
in numbered paragraph four (4).
10. LICENSEE, by the acceptance of the uses permitted herein,
understands and agrees that no interest, title ❑r rights of
possession are intended ❑r implied except those expressly set forth
herein, and LICENSEE waives any and all claims in and to the public
way it is permitted to use hereby and agrees to give peaceful
possession of said property covered herein upon termination or
cance'Ilation of this license.
CITY OF LUBBOCK
BY:Is/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd _
Ranette Boyd, City Secretary
AGREED TO AND ACCEPTED this 27th day ❑f April, 1989.
April 27, 1989
Page 254
APPROVED AS TO CONTENT:
s Ed Buc
Ed Bucy, Right -of -Way Agent
89-48A-254-219
LICENSEE: TEXLAND PETROLEUM,
INC.
BY:/s/ R. J. Schumacher
R. J. Schumacher,
President
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim,
Assistant City Attorney
This Street -Use License will be granted to
Texland for an underground oil pipeline crossing
under Municipal Drive approximately 110 feet west
of the intersection of Municipal Drive and North
Guava Avenue. This pipeline will carry oil to a
tank battery from a well recently drilled on City
property in which the City has a mineral
interest.
Municipal Drive is 110' wide and the requested
crossing area is 10' x 110'. This license is for
20 years at $50 per year. The $150 application
fee has been received and the City will receive
$250 for the first 5 years of usage. Care is to
be taken in the boring of this line since the
City has 3 water lines in Municipal Drive.
Motion was made by Councilman Carpenter, seconded
by Councilwoman Trejo, to authorize Resolution
#3073 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
(18.) Consider Ordinance #9273 abandoning and closing -
portions of 61st Street east of York Avenue.
ORDINANCE #9273
AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 61ST 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 closure located immediately east of York
Avenue and is a requirement of the Plat for
Furr's Cafeteria and the Slide Road Development
Plan. This closure project was begun in 1985,
but has been held due to the owner of the
property to the north (Raymond McNiece) not
agreeing to closure.
At the September 12, 1985 City Council Work
Session, Council authorized the closure of this
street, even if the landowner on the north
disagreed; however, the closure was not done due
to change in Furr's ownership. It was revived
last fall at which time Furr's agreed to complete
closure.
Staff visited with Mr. McNiece and received a
commitment from him to cease objections to the
closure.
April 27, 1989
Page 255
The area being dedicated for the cul-de-sac is
more than the area being closed (1199.45 sq.ft.).
Gerald Long and Presley Schofner, owners of the
lots on the south side, are the dedicators. No
utility problems are seen with this closure.
Staff recommends approval.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson, to authorize Ordinance
#9273 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
89-481k-255•-220
(19.} Consider Resolution #3074 authorizing the Mayor
to execute a Buy -Out Agreement with the
Department of Housing and Urban Development for
the Coronado Project TEX. R-33.
RESOLUTION #3074
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, the City`s
Urban Renewal Agency and the United States Department of Housing and
Urban Development for the purchase of the Coronado Project TEX.R-33
land sales inventory, 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 27th day of April, 1989.
Isl B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Is Ranette Boyd
Ranett:e Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Isl Sandy Ogletree s Teresa J. Wright
Sandy Ogletree, Community Teresa J. Wright, Assistant
Development Administrator City Attorney
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BUY-OUT AGREEMENT
The Deparment of Housing and Urban Development (HUD) agrees to
accept: a lump sum buy-out payment of $68,000 as final payment except
for Condition 1 below for the unsold land inventory identified on
pages 99 through 102 of the Appraisal Report dated November 15, 1987,
by Dori L. Harris, M.A.I. Buy-out payment is due and payable by
certified check within 30 days from the date of Agreement. When the
Agreement is signed by HUD, Lubbock Urban Renewal Agency and the City
and payment has been received by HUD, the Agency and City are
discharged from any obligation under Section 106(i) of the Housing
Act of 1949, as amended for Urban Renewal Project R-33 except for the
following conditions:
1. Any land sales proceeds for the period May 1, 1989,
through April 30, 1994, which exceeds the total of
$68,000, maintenance expenses during period, and sales
expenses of the inventory during period will be remitted
to HUD.
April 27, 1989
Page 256
2. Any net land proceeds due HUD during the five year period
in Condition 1 shall be paid to HUD annually.
3. The City agrees to furnish HUD an annual report due each
January 1, after the date of this Agreement through
January, 1995, which lists the following:
aj all parcels covered by the Agreement;
b) gross land proceeds received;
c) net proceeds retained as program income by City;
and
d) net proceeds paid to HUD under Condition 1 of this
Agreement
4. All land proceeds not paid to HUD shall be program income
of the Community Development Block Grant Program.
Notary: Ranette Boyd
URBAN RENEWAL AGENCY
s L ny nda� Jenkins
Lynnda Jenkins, Chairman
APPROVED AS TO CONTENT:
/s/ Sandy Ogletree
Sandy Ogletree, Community
Development Administrator
CITY OF LUBBOCK, TEXAS
/s/ B. C. McMinn
B. C. McMinn, Mayor
APPROVED AS TO FORM:]
/s/ Teresa Wriaht
Teresa Wright, Assistant
City Attorney
In May, 1987, the City Council considered a
proposal from HUD to buy out Federal government
interest in the Coronado Land inventory. The
City currently administers, through the Urban
Renewal Board of Commissioners, a land inventory
of approximately 2OO parcels which remains from
an original Urban Renewal project in the area.
The proposal would terminate the City's
association with HUD and eliminate all HUD
involvement in disposition of this inventory.
The Urban Renewal Board initiated negotiations
with HUD with the City Council's concurrence and
on April 13, the Board approved execution of the
final Coronado Buy -Out Agreement.
The Agreement was negotiated during a March 14,
1989 meeting with Mayor McMinn, Larry Cunningham,
and Sandy Ogletree and 3 representatives of the
Washington HUD.
Tentative agreement of a final offer of $68,000
was drawn as follows: HUD offer of $98,000;
less the cost of the appraisal, $15,000; less
the previous year's maintenance deficit of
$6,776.48; and less a portion of the 1988
maintenance expenses. Additionally, a stipulation
was added that during the next five years, net
proceeds exceeding $68,000 will be remitted to
HUD.
Mayor McMinn presented this offer to the Urban
Renewal Board of Commissioners at their April 13
meeting and they approved the Agreement. With
the City Council's approval, this Buy -Out will be
completed and will take effect May 1, 1989.
April 27, 1989
Page 257
Motion was made by Councilman Patterson, seconded
by Councilman Maloy, to authorize Resolution
#3074 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
89-48A-257-221
(20.) Consider the allocation of Community Development
Contingency Funds for the Coronado Buy -Out.
In order to complete the Coronado Buy -Out, an
allocation of Community Development Funds of
$68,000 is necessary to augment an existing
professional services account. This will reduce
the Contingency Fund balance from $151,097 to
$83,097. Staff recommends approval.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson, to authorize allocation
as recommended by Staff. Motion carried: 7
Yeas; 0 Nays.
89-48A-257-222
(21.) Consider the price and condition of sale of
Parcel Number 15760-21-40 in the Chatman Hill
Urban Renewal Area.
This is a routine sale of property by the Urban
Renewal Agency to David A. Johnson and wife,
Linda D. Johnson for $750.00. The property is to
be used to enlarge existing single-family
residence, is properly zoned and the proposed
sale was approved by the Urban Renewal Board of
Commissioners on April 13, 1989. Staff
recommends approval.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo, to accept price and
condition of sale of Parcel #15760-21-40. Motion
carried: 7 Yeas; 0 Nays.
89-481%-257-223
(22.) Consider the price and condition of sale of
Parcel Number 15760-8-60 in the Chatman Hill
Urban Renewal Area.
This is a routine sale of property by the Urban
Renewal Agency to Gary Patton dba Spectrum
Construction, Inc. for $B25.00. The property is
to be redeveloped as a single-family residence,
is properly zoned and was approved by the Urban
Renewal Board of Commissioners on April 13, 1989.
Staff recommends approval.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo, to accept price and
condition of sale of Parcel #15760-8-60. Motion
carried: 7 Yeas; 0 Nays.
89-48A-257-224
(23.) Consider the price and condition of sale of
Parcel Number 15760-47-90 in the Chatman Hill
Urban Renewal Area.
This is a routine sale of property by the Urban
Renewal Agency to Gary Patton dba Spectrum
Construction, Inc. for $1,028.00. The property
is to be redeveloped as a single-family
residence, is properly zoned and was approved by
the Urban Renewal Board of Commissioners on April
13, 1989. Staff recommends approval.
April 27, 1989
Page 258
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo, to accept price and
condition of sale ❑f Parcel #15760-47-90.
89-48A-258-225
8.) ORDINANCE #9274--ZONE CASE #2629 located 3105
Slaton Hi9hwav)--Hold a public hearing on request
or
zon
r a
wreckina yard] ❑n a tract out of Section 3. Block
ORDINANCE #9274
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE 140. 2629; A ZONING CHANGE FROM M-2 TO M-2 SPECIFIC USE
PERMIT FOR A WRECKING YARD ON A TRACT OUT OF SECTION 3, BLOCK S,
LUBBOCK, TEAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING
A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Jimmy King, Owner of Lubbock Wrecker Service,
requested zone change set out above. No one
appeared in opposition and Mayor McMinn closed
the hearing at 10:33 A.M.
Assistant City Manager Jim Bertram informed
Council that the land description for the Zone
Case also includes the trucking company owned by
the proponent. Only the area outlined on the
proposed Site Plan (the east half) is relevant to
the M-2 Specific Use Request. Mr. Bertram
explained that some improvements have been made
on the site because Mr. King had assumed the
zoning was correct since he had met all other
requirements for obtaining his City Tow Truck
Business Permit.
The adjacent land use relationships are as
follows:
North -
Vacant
South -
Vacant and Industrial
East -
Industrial
West -
Vacant
According to Mr. Bertram, the Comprehensive Land
Use Plan indicates the area as Industrial, but
the intensity ❑f this particular land use has
potential for conflict with the Lubbock: 2005
goals and the Comprehensive Land Use Plan. The
Staff requested that Planning & Zoning Commission
keep in mind two items:
Goal #12 of the Lubbock: 2005 Goals:
"Ensure that land uses and visual image of
the corridors into and within the City
reflect quality land use development and
positive urban image".
The Comprehensive Land Use Plan #6 under
Commercial and Industrial: "Industrial or
commercial zoning adjacent t❑ Loop 289 and
major entry corridors to the City should be
granted in accordance with an approved site
plan."
April 27, 1989
Page 259
Mr. Bertram said there has been discussion during
the past several months regarding the distinction
between "junk/salvage yards" and "wrecker/
repository services". Mr. Bertram's observation
was that there may be a slight difference, but
not enough to remove either from the intended
spirit of review within the Specific Use Permit
process. The Planning Commission had general
discussion to consider recommendations to create
separate standards for the two categories but
they have not finished this work.
The Staff recommended the request with
consideration for the following conditions:
1. Operator must hold a permit (or
licenses) issued in accordance with the
City Code of the City of Lubbock,
Texas.
2. Such vehicle storage or other
merchandise on the premises shall be
arranged to provide reasonable
inspection of, or access to, all
parts of the premises.
3. Signs shall be limited to the existing
freestanding sign.
4. Any drainage requirements, as required
by the City Engineering department,
shall be met.
5. That all such premises be open for
inspection to, and meet the
requirements of, the City's fire,
police, health and building
authorities.
6. No advertising shall be permitted on
screening fences. A concrete block
fence shall be constructed in front of
or in lieu of the existing front fence.
(Noted on the site plan) The 6' high
fence as described on the site plan
shall surround the entire property and
be permanently maintained. (The site
plan noted slatted cyclone fence on the
front and portions of the east and west
sides.)
7. No outside sales/display areas shall be
allowed.
8. The operation shall be limited to
storage of towed/impounded vehicles and
sales of whole vehicles or carcasses.
No retail or wholesale sale of
individual parts shall be permitted.
April 27, 1989
Page 260
9. Turnover of vehicles shall be within
120 days except for any yard hosting
the approved Police Abandoned Vehicle
Sale. The Codes Administrator may
grant extension for individual vehicles
when the operator presents written
documentation that a hardship or
unusual circumstances exist. Such
extension shall include a proposed date
of compliance for disposal of the
vehicle.
10. No vehicle in storage shall be stacked
or permitted to be stacked.
The Planning and Zoning Commission expressed
concern for #8 and #9 related to the
following:
A. Prohibition of sales ❑f parts in #8
would be impossible to enforce and
reference to "incidental" sales is
vague.
B. If the operation is screened, both the
limitation on business (sales of parts)
and the need for turnover prompted by
#9 is not a public concern
and may be an undue burden on o
peration of the business.
C. The 120 day turnover period might be
too short.
The reasons for Staff recommendation of #8 are
based on the fact that the request is for a
"wrecker service", understanding that without
conditions set by this Zone Case, the Specific
Use Permit would allow not only the operation of
a junk yard for parts, but also purchase of other
scrap (copper, aluminum, construction steel,
etc.). Staff has no reservation about using the
term "incidental" in the portion dealing with
sale of parts.
The 120 day rate of turnover (or a suitable
alternative number of days) in #9 is the best
solution to provide for turnover in the yard that
Staff has investigated but extending the time to
180 days presents no problem. discussion with
industry representatives indicates that when a
burned or demolished vehicle comes into storage
and is not claimed, hauling it to be crushed
costs more than it is worth; thus, the yard
operators have no incentive to clear true
"Junkers" until the space is needed. It is this
accumulation of junk (vehicles and parts) that
makes the impound lots look and act like true
junk or scrap yards and Staff strongly
recommended inclusion of a condition that will
require turnover if a problem persists.
The Planning and Zoning Commission recommended
approval with the following conditions:
1. Operator must hold Permits (or
Licenses) issued in accordance with the
City Code of the City of Lubbock,
Texas.
April 27, 1989
Page 261
2. Such vehicle storage or other
merchandise on the premises shall be
arranged to provide reasonable
inspection of, or access t❑ all
parts of the premises.
3. Signs shall be limited to the existing
freestanding sign.
4. Any drainage requirements, as required
by the City Engineering department,
shall be met.
5. That all such premises be open for
inspection to, and meet the
requirements of, the City's Fire,
Police, Health and Building
Authorities.
6. No advertising shall be permitted on
screening fences. A concrete block
fence shall be constructed in front of
❑r in lieu of the existing front
fence. The cyclone fence shall be
slatted as noted on the east and west
(noted on the site plan). The 6' high
fence as described ❑n the site plan
shall surround the entire property and
be permanently maintained.
7. No outside sales/display areas shall be
allowed.
8. No vehicle in storage shall be stacked
or permitted to be stacked.
Mr. Bertram advised Council of Staff
recommendation t❑ reinstate in some form #'s 8
and 9 either from Staff's original proposal, or
as amended below:
Motion was made by Councilman Phillips, seconded
by Councilman Patterson, t❑ authorize Ordinance
#9274 on first reading as recommended by the
Planning and Zoning Commission, and stipulating
inclusion of the following wording:
8. The operation shall be limited to
storage ❑f towed/impounded vehicles and
sale of whole vehicles ❑r carcasses.
Only incidental sales of individual
parts shall be permitted.
9. Turnover ❑f vehicles shall be within
180 days ❑f impound in the yard. The
Codes Administrator may grant extension
for individual vehicles when the
Operator presents written documentation
that a hardship ❑r unusual circumstance
exists. Such extension shall include a
proposed date ❑f compliance for
disposal of the vehicles.
April 27, 1989
Page 262
Mayor Pro Tem Baker asked Council to consider
adding landscaping requirements in this case and
in all other zoning requests which involve M-1
and/or M-2 zoned properties fronting on City
corridors. Councilman Maloy agreed and stated
his opinion that in this case, there is a small
amount of front footage and a cinder block fence
involved, and such a requirement would be
reasonable to request of the proponent.
Lonnie White, Manager of Lubbock Wrecker Service,
requested to speak at this point, but was refused
permission because the Public Hearing had been
closed.
Mayor McMinn asked that City Staff, before second
reading, work toward achieving voluntary
inclusion of landscaping on this site from the
proponent.
Councilman Carpenter requested that Staff place
an item on Work Session Agenda to add
requirements for landscaping along the City
corridors.
The motion carried: 7 Yeas; 0 Nays.
89-48•-262-226
(24.) Consider Ordinance #9275 establishing seed
limits in school zones.
ORDINANCE #9275
AN ORDINANCE AMENDING SECTIONS 1 AND 2 OF ORDINANCE 9141 OF THE
CITY OF LUBBOCK SO AS TO REVISE THE PRIMA FACIE SPEED LIMITS IN
SCHOOL ZONES, AS RELATED TO THE TYPE OF STREET INVOLVED, AND
PROVIDING FOR PUBLICATION AND EFFECTIVE DATE HEREOF.
On April 13, 1989, a revised School Crossing
Control Policy was adopted which based school
speed zones on street classification instead of
street width. This Ordinance which establishes
the speed limits in the zones, has been revised
to set the existing speed limits, with a few
exceptions.
Staff recommends approval.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Phillips, to authorize Ordinance
#9275 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
(25.) Consider a Resolution authorizing the Mayor to
sign a Lease Agreement with Steve Cone for a
hangar at the Lubbock International Airport.
This item was deleted from Agenda.
(26.) Consider a Resolution authorizing the Mayor to
sign a Renewal of Space Lease for U.S. Customs
Service at Lubbock International Airport.
This item was deleted from Agenda.
April 27, 1989
Page 263
89-48A-263-227
(27.) Consider Rent-A-Car contract agreements at the
Lubbock International Airport, as follows:
These contracts reflect the outcome of
negotiations with rent -a -car agencies t❑ bring
them under the same contract terms, and t❑
determine acceptable provisions, rates and
charges.
All local rent -a -car agencies were given
❑pportunity to negotiate a contract to locate at
the Airport; however, only the 4 existing
agencies (Hertz, Avis, National, and Budget)
requested Leases.
The agencies requested Lease Fee reduction from
10% of gross revenue to 8% of gross revenue.
Since a reduction to 8% would result in annual
revenue loss of approximately $80,000, the
Airport Board and Staff did not recommend the
reduction and presented the following for Council
consideration:
- 10% ❑f gross revenue, up to 90% of the
agencies' prior year's gross revenue.
- 9% of gross revenue, from 90%-100% of the
agencies' prior year's gross revenue.
- 8% of gross revenue for any revenue in
excess of the previous year's revenue.
- Three year contract - May 1, 1989 through
April 30, 1992
- Ground lease at $.0067416 per square foot
per month.
- $7 per space per month for vehicle parking
of rent cars.
Staff and Airport Board recommend approval of the
aforementioned terms.
A. Consider Resolution #3076 authorizing the
Mayor to sign a Contract Agreement with Hertz
Corporation.
RESOLUTION #3076
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed t❑ execute for and on behalf ❑f the City of
Lubbock Lease Agreements with Aut❑ Rent, Inc. (Avis), Currey
Enterprises, Inc. (Budget), National Car Rental System, Inc. and The
Hertz Corp. for rent -a -car services at Lubbock International Airport,
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.
April 27, 1989
Page 264
Passed by the City Council this 27th day of April, 1989.
ATTEST:
I sl Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Is1 Marvin Coffee
Marvin Coffee, Director of Aviation
AGREEMENT FILED WITH RESOLUTION #3076
Isl B. C. McMinn
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard _
Harold Willard, Assistant
City Attorney
Motion was made by Councilman Maloy. seconded by
Councilman Patterson, to authorize Resolution
#3076 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
B. Consider Resolution #3077 authorizing the
Mayor to sign a Contract Agreement with
Presidential Leasing Corporation (Avis).
RESOLUTION #3077
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 Lease Agreements with Auto Rent, Inc. (Avis), Currey
Enterprises, Inc. (Budget), National Car Rental System, Inc. and The
Hertz Corp. for rent -a -car services at Lubbock International Airport,
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 27th day of April, 1989.
ATTEST:
Is1 Ranette Boyd _
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Marvin Coffee
Marvin Coffee, Director of Aviation
AGREEMENT FILED WITH RESOLUTION #3077
Isl B. C. McMinn
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
Is1 Harold Willard
Harold Willard, Assistant
City Attorney
Motion was made by Councilman Maloy, seconded by
Councilman Patterson, to authorize Resolution
#3077 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
April 27, 1989
Page 265
C. Consider Resolution #3078 authorizing the
Mayor to sign a Contract Agreement with
Currey Enterprises dba_Budget Rent-A-Car.
RESOLUTION #3078
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed t❑ execute for and on behalf of the City of
Lubbock Lease Agreements with Auto Rent, Inc. (Avis), Currey
Enterprises, Inc. (Budget), National Car Rental System, Inc. and The
Hertz Corp. for rent -a -car services at Lubbock International Airport,
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 27th day ❑f April, 1989.
ATTEST:
/s/ Ranette Boyd _
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Marvin Coffee
Marvin Coffee, Director of Aviation
AGREEMENT FILED WITH RESOLUTION #3078
s B. C. McMinn
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
Motion was made by Councilman Maloy, seconded by
Councilman Patterson, to authorize Resolution
#3078 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
D. Consider Resolution #3079 authorizing the_
Mayor to sign a Contract Agreement with
National Car Rental System, Inc.
RESOLUTION #3079
BE I1' 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 Lease Agreements with Auto Rent, Inc. (Avis), Currey
Enterprises, Inc. (Budget), National Car Rental System, Inc. and The
Hertz: Corp. for rent -a -car services at Lubbock International Airport,
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.
April 27, 1989
Page 266
Passed by the City Council this 27th day of April, 1989.
ATTEST:
IsL Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s/ Marvin Coffee
Marvin Coffee, Director of Aviation
AGREEMENT FILED WITH RESOLUTION #3079
89-48A-266-228
(28.)
/s/ B. C. McMinn
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
/s Harold Willard
Harold Willard, Assistant
City Attorney
Motion was made by Councilman Malay, seconded by
Councilman Patterson, to authorize Resolution
#3079 as recommended by Staff. Motion carried:
7 Yeas; O Nays.
Consider Resolution #3080 authorizing the Mayor
to sign a Food Service Agreement between the Ci
of Lubbock and the Lubbock Independent School
District.
RESOLUTION 03080
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 Food Service Agreement by and between the City of Lubbock
and the Lubbock Independent School District, 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 27th day of April, 1989.
ATTEST:
/s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Lee Osborn
Lee Osborn, Director of Parks
& Recreation
(s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
FOOD SERVICE AGREEMENT FILED WITH RESOLUTION #3080
The Parks and Recreation Program for Senior
Citizens includes a program which provides about
500 lunches at 6 senior citizen centers. The
City receives the funds to operate the Nutrition
Program and contracts out preparation of the
meals.
Lubbock Independent School District has again
agreed to provide meals for the 1989 Title III
program at a cost of $1.85 per meal, the same
cost as the prior 3 years and the proposed
April 27, 1989
Page 267
Agreement contains the same provisions as the
1988 Agreement. The City of Lubbock will have
the right to inspect food preparations, approve
menus and recipes, and to inspect food storage
facilities. The City will continue to be
responsible for providing transportation of the
meals to the various sites. The City will
reserve the right to cancel the Agreement should
the program not be funded.
Current funding for the Title III Nutrition
Program is provided by the State through
September 30, 1989, but if the grant is not
renewed, the City would cancel the Agreement with
LISD. The proposed Agreement will be effective
through December 31, 1989.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo, to authorize Resolution
#3080 as recommended by Staff and set time to
visit and have lunch with Senior Citizens.
Motion carried: 7 Yeas; 0 Nays.
89-48A-267-229
(29.) Consider Resolution #3081 authorizing the Mayor
to sign an Amendment to an Agreement with Lubbock
on
Cooperative Compress.
RESOLUTION #3081
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THA1' 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 Fire Protection Agreement Addendum by and between the City
of Lubbock and Commissioners Court of Lubbock County, Texas, 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 27th day of April, 1989.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
s/ Rita Harmon /s/ Harold Willard
Rita Harmon, Assistant City Harold Willard, Assistant
Manager City Attorney
FIRE PROTECTION AGREEMENT ADDENDUM
Prior to this date, on the 14th day of November, 1988, a Fire
Protection Agreement was entered into by and between the following
persons and/or entities:
1. Commissioners Court of Lubbock County, Texas.
2. City of Lubbock.
3. Farmers Cooperative Compress:
April 27, 1989
Page 268
It is agreed by and between the parties that by this Addendum,
said original agreement shall be amended as follows:
113. This Agreement shall be effective from November 18, 1988
through June 1, 1989."
is.
In all other respects, said original agreement shall remain as
WITNESS OUR HAND on this the 24th day of April, 1989.
ATTEST:
/s/ Ann Davidson
Ann Davidson, County Clerk
ATTEST:
/s/ Ranette Boyd
Ranette Bo►,►d, City Secretary
APPROVED AS TO CONTENT:
/s/ Rita Harmon
Rita Harmon, Assistant City
Manager
ATTEST:
/s/ Coff Bloodworth
Coff Bloodworth
COMMISSIONERS COURT OF
LUBBOCK COUNTY, TEXAS
/s/ Rodrick L. Shaw
Rodrick L. Shaw, County Judge
CITY OF LUBBOCK
/s/ B. C. McMinn
B. C. McMinn, Mayor
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant
City Attorney
FARMERS CO-OPERATIVE COMPRESS
/s/ Rex McKinney
Rex McKinney
On November 17, 1988, the City Council approved
an Agreement with Lubbock County to provide fire
protection for the Farmers Cooperative Compress
temporary cotton storage area located just
outside the City limits. The effective period of
this Agreement was from November 18, 1988 through
May 1, 1989 and the Agreement provided for a
$8,250 fee to be paid to the City for a maximum
of 3 fire calls. An additional $2,750 would be
charged for each call above 3. To date, the
Lubbock Fire Department has made 1 fire call to
the temporary cotton storage area.
The attorney representing Farmers Cooperative
Compress has advised that the Compress will not
be able to clear the temporary storage area by
May 1 and has requested that the Agreement be
amended to extend the expiration date to June 1,
1989. Staff recommends that this Amendment be
approved with no additional fee. The County
Commissioners Court will consider this item
during their April 24 meeting.
April 27, 1989
Page 269
Motion was made by Councilman Carpenter, seconded
by Mayor Pro Tem Baker, to authorize Resolution
#3081 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
89-48A-269-230
(30.) Consider Resolution #3082 authorizing the City
Manager to make application to the Criminal
Justice Division for fourth year funding for a
Special Law Enforcement Program Grant _entitled
"Major Crime Investigation Unit".
RESOLUTION #3082
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager ❑f the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a Grant Application entitled Major Crime Investigation Unit
which will provide funding for two police investigators, who will be
working major crimes which occur in high crime rate areas, attached
herewith, which shall be spread up -on the minutes ❑f the Council and
as spread upon the minutes ❑f this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 27th day of April, 1989.
ATTEST:
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Thomas J. Nichols
Thomas J. Nichols, Chief of Police
s B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/sl Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
COPY OF APPLICATION FILED WITH RESOLUTION #3082
This program will consist of 2 police
investigators to work 10O% of assigned duty ❑n
follow-up investigation of major crimes which
❑ccur in the specified high crime rate areas.
The Grant proposal from the Criminal Justice
Division includes funding for the fourth year ❑f
the Grant Contract and will constitute a 40%
contribution from the Criminal Justice Division
except for equipment. The City of Lubbock will
be responsible for 50% contributions. The total
cost for the fiscal year is $75,061 with the City
share amounting to $44,020.
Staff recommends approval of this Grant
Application.
Motion was made by Councilman Patterson, seconded
by Councilman Maloy, to authorize Resolution
#3082 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
April 27, 1989
Page 270
(31.) Consider a Resolution accepting water and sewer
improvements in West Chase Addition Lot 1.
This item was deleted from Agenda.
89-48A-270-231
(32.) Consider Ordinance #9276 amending Section 2-164
of the Code of Ordinances with regard to the
membership of the Permit and License Appeal
Board.
ORDINANCE #9276
AN ORDINANCE AMENDING SECTIDN 2-164 OF THE CODE OF ORDINANCES
DF THE CITY OF LDBBDCK, TEXAS, WITH REGARD TO THE MEMBERSHIP DF THE
PERMIT AND LICENSE APPEAL BOARD OF THE CITY OF LUBBOCK; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FDR PUBLICATIDN.
This Ordinance makes two changes to the current
Permit and License Appeal Board Ordinance:
1. It increases the number of members from
5 to 7; and
2. It specifies that the Board be composed
of 3 members with expertise in the
following areas: 1 in law enforcement,
1 in transportation and 1 in health.
The other 4 members do not have to be
from any certain area of expertise.
The increase in membership is requested due to
the fact that the Board meets only on tail.
There are no regularly scheduled meeting times
for members to put on their calendars. Also, the
meetings must be scheduled within 10 days from
the date of receipt of the appeal, and it is
often difficult to get a quorum. With 7 members,
we would have a better chance of getting a
quorum.
The reason for requesting that 3 members be from
specified areas of expertise is that the appeals
heard by the Board are often on highly technical
matters. Some of these examples are various
health permits, vehicle -for -hire permits,
underground storage tank permits, etc., and the
present Board does not have expertise in any of
these areas.
Passage of the Ordinance is timely since after
its second reading, terms will expire for 4 of
the 5 current board members.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilwoman Trejo, to authorize Ordinance
#9276 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
April 27, 1989
Page 271
89-48A-271-232
(33.) Consider Resolution #3083 authorizing the Mayor
to execute a contract with Reed and Associates
for Hydrogeologic Study.
RESOLUTION #3083
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUB80CK:
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 Reed &
Associates, Inc., a Geraghty & Miller Company for hydrogeological
services, 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 'Che City Council this 27th day of April, 1989.
ATTES"r :
s Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Isl Gene Eads
Gene fads, Purchasing Manager
THE S17ATE OF TEXAS
COUNTY OF MIDLAND
/s/ B. C. McMinn
B. C. MCMINN, MAYOR
APPROVED AS TO FORM:
Is/ Harold Willard
Harold Willard, Assistant City
Attorney
CONTRACT FOR SERVICES
This Contract for Services is entered into this 21st day of
April„ 1989, by and between The City of Lubbock of Lubbock County,
Texas„ herein called Client, and Reed & Associates, Inc. to perform
the following services: Investigation of hydrocarbon sources at 5th
and Avenue J, Lubbock County, including inventory of possible
sources, hydrologic investigation, evaluation of tank integrity, and
corrective action plan as appropriate.
Client hereby agrees to pay Reed & Associates, Inc., for the
services described herein, a fee not to exceed $33,259 without prior
authorization of client based upon the projected amount of time,
work, effort and outside services necessarily involved in the
services described previously, at the charges est out in the attached
fee schedule which is incorporated herein and made a part hereof as
Addendum "A".
Reed & Associates, Inc. will submit to Client monthly written
itemized statements of actual fees and expenses incurred in
performing the previously described services, and said statements are
due and payable upon receipt.
At the time of contracting, Client acknowledges that he has
received a list of charges which will be made by Reed & Associates,
Inc. for services rendered, and said list of charges has been
previously attched hereto as Addendum "A". It is further agreed
between the parties that Addendum "A" is subject to revision on July
1, of 1989, and on each anniversary date thereafter.
April 27, 1989
Page 272
It is expressly agreed and understood by the parties that no
promises or guarantees as to the outcome of the study and report to
be made by Reed & Associates, Inc. have been made. It is also
expressly agreed and understood by the parties, unless there is a
written agreement to the contrary signed by both parties, all amounts
due Reed & Associates, Inc. shall be paid on or before the final
report made by Reed & Associates, Inc. is delivered to Client.
Either party may at anytime terminate this contract by giving
to the other ten (10) days written notice. Such termination will not
relieve either party of any obligations to the other which may have
accrued hereunder as a date for such termination.
It is expressly agreed and understood by the parties that if
Reed & Associates, Inc. are required to bring suit in order to
COLLECT any monies due it under this contract, and if Reed &
Associates„ Inc. prevail in said suit, Client shall be liable for
court cost and reasonable attorney's fees of not less than ten
percent (1010') of the amount due.
Parties hereto agree that this contract is made and performable
in Midland County, Texas.
'WITNESS OUR HANDS, the day and year first above written.
ATTEST:
s Ranette! Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
s Gene Eads
Gene Eads, Purchasing Manager
CITY OF LUBBOCK
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Harold Willard__
Harold Willard, Assistant
City Attorney
REED & ASSOCIATES, INC.
/s/ A. Joseph Reed
A. Joseph Reed, President
RATE SCHEDULE FILED WITH RESOLUTION #3083
In September, 1988, the Environmental Protection
Agency issued comprehensive and strict new
standards for underground storage tanks. In the
course of evaluating the impact ❑f those
regulations upon the City ❑f Lubbock, focus was
on some ❑f the City's alder storage tanks,
particularly the fuel tanks located at 5th and
Avenue J. Based on water samples taken from that
well, there is a possibility ❑f a release of fuel
oil, which may be from an underground storage
tank. Because of subsequent discussions with
Texas Water Commission field inspectors, the City
decided to recommend securing services of outside
experts to fully determine the extent of the
situation and to recommend if there are
subsequent actions the City should take.
April 27, 1989
Page 273
On March 14, requests for Proposals for this
study Were sent to 17 firms. 9 firms, as
follows, responded With proposals:
Brown and Caldwell
Reed and Associates
Jones and Neuse
Maxium Engineers and Terra Engineering
Parkhill, Smith and Cooper
Grimes and Associates
Rone Engineers
HDR
Camp, Dresser and McKee
A 7 member Selection Committee was appointed to
evaluate the 9 proposals. The Committee rated
the following 3 firms as most qualified to
perform this study:
Brown and Caldwell
Reed and Associates
Camp, Dresser and McKee
Each of the 3 firms was asked to provide sample
contracts and additional information regarding
their services. Further discussions regarding
hours to be devoted to the project indicated that
the Reed proposal would require substantially
fewer hours (and, thus, less cost) than the
others.
RECOMMENDATION
Based on the experience ❑f the firm, personnel
qualifications, previous City ❑f Lubbock
experience and cost estimates, the Selection
Committee recommended that the City Council
authorize the Staff to negotiate a contract with
Reed and Associates of Midland, Texas.
Reed and Associates was established in 1952
specializing in geohydrologic services. The firm
is currently involved with investigation, removal
and remediation of over 300 underground storage
tanks throughout the United States and has
performed hydrogeologic investigations in more
than 120 Texas counties including Lubbock.
This firm will sub -contract portions of the work,
including drilling and tank testing and each of
the proposed subcontractors is subject to
approval of the City of Lubbock and in every case
possible, Reed and Associates will use Lubbock
vendors for those services.
Staff memo advised that Reed and Associates is
familiar with the Texas Water Commission as
demonstrated in the City's wastewater permit
proceedings and also is familiar with the
groundwater in the Lubbock area, having done a
groundwater survey in the area around 5th and
Avenue J.
This proposed Contract is for $33,259, and it is
to be completed by June 1 so that the findings
can be presented to the Water Commission by their
deadline. Staff recommends approval of this
contract with Reed and Associates.
April 27, 1989
Page 274
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Phillips, to authorize Resolution
#3083 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
89-48A-274-233
(34.) BID #10159--Pi a Valves and Fittings Central
Warehouse_
Marta Company--400 ea. 1" Meter Coupling; 5 ea.
10x8 MJ CI Reducer.
Western Industrial Supply--600' 12" DI Class 150
Pipe.
Rohan Co.--2 ea. 16x1 Service Saddle; 12 ea. 5/8
x 3/4 x 12 Resetter; 2 ea. 4" Flange Check
Valve.
Clowe & Cowan--30 ea. 6" Clay -CI Adapter.
O'Tool Plastic Pipe Co.--12 ea. 3/4 STD Gate
Valve.
C & C Municipal Supply--3,840' - 6" PVC SDR35 SWR
Pipe; 50 ea. 3 x 3/4 CC Service Clamp; 100 ea.
4 x 1 CC Service Clamp; 200 ea. 3/4 90 Degree
Brass Adapter; 25 ea. 1-1/2" Meter Flange; 2
ea. 8 x 20 Repair Clamp; 400 ea. 1" Curb Stop;
100 ea. 2 PC Valve Box.
Transtex Supply Co.--6 ea. 6" Flange Gate Valve;
6 ea. 3" Derzurik Screw Valve.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson, to authorize low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
89-48A•-274-234
(35.) BID #10170--Full Size Four Door Sedan —(Garage).
Brunken Chevrolet--1 ea. Full -Size Four -Door
Sedan Spec. S-102.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson, to authorize low bid
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
89-48A--274-235
(36.) BID #10178--Electrical Wire Central Warehouse).
Westinghouse Electric Supply-2,000' 4/0 600V
Wire.
Fields & Co.--1,000' No. 12 THHN Solid, Blue;
500' No. 12 THHN Solid Wire.
Temple Inc.--2,000' 2/C 350MCM & 1/0 4/0 Cable;
5,000' 500 MCM Stranded Wire; 1,000 lb. No. 6 SD
Copper Wire; 8,000' No. 4/0 Quad Service Drop.
April 27, 1989
Page 275
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson, to authorize low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
(ll.j Hold a Public Hearing for the Emergency Shelter
Grant Program.
(12.) Consider the allocation of Emergency Shelter
Grant Program Funds.
89-48A-275-236
(13.) Consider Resolution #3084 authorizing the Mayor
to execute a Funding Agreement with Lubbock
Regional Mental Health and Mental Retardation
Center.
RESOLUTION #3084
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock an Emergency Shelter Funding Agreement between the City of
Lubbock and Lubbock Regional Mental Health Mental Retardation 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 fully copied herein in
detail.
Passed by the City Council this 27th day of April, 1989.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Sandy Ogletree
Sandy Ogletree, Community
Development Administrator
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ Teresa Wright
Teresa Wright, Assistant
City Attorney
AGREOMENT FILED WITH RESOLUTION #3084
Mayor McMinn opened the Public Hearing regarding
allocation of $36,000 in Emergency Shelter Grant
Program money to the City. He stated that the
purpose of this Grant is to assist the homeless
in Lubbock.
Larry Gardner, a member of the Committee
reviewing applications submitted for this Grant,
presented recommendations of that Committee that
Council authorize funding for 2 of the requests
received. Recommended for funding is the City of
Lubbock Community Services Department for $7,200,
and the Mental Health and Mental Retardation
Center for $9,800. He went on to state that the
remaining $19,000 is recommended, by the
Committee, to be held for future commitment. He
explained that because of recent interpretations
April 27, 1989
Page 276
and rule changes by HUD, some of the applicants
for funds had to be declared ineligible.
Charlotte Foster, Director of the Alcoholism
Program for MHMR, spoke favoring allocation of
funds to replace the roof of its residential
facility at 1601 Vanda. She stated that services
are provided for the homeless regarding
detoxification from alcohol and other drugs, and
further, the Center provides alternative living
arrangements for persons who have completed
treatment but have no where to go.
Sylvia Martinez, Community Services Coordinator,
spoke regarding their planned use of the
allocation. Ms. Martinez stated that funding
will provide rent and utility assistance to
families being evicted from their homes.
Mayor McMinn closed the Hearing at 11:12 A.M.
Staff comment was provided through memo to
Council which stated that when the City received
the Grant, a process was developed for allocation
of funds. A request for proposals was published
in the Lubbock Avalanche -Journal inviting non-
profit agencies to submit applications for the
funds. In addition, a copy of the RFP was mailed
directly to 16 area organizations which assist or
come in contact with Lubbock's homeless.
The memo advised that completed applications were
submitted by Bethel Africa Methodist Episcopal
Church, City of Lubbock Community Services
Department, Buckner Baptist Benevolences and
Lubbock Regional MHMR.
The applications for funding were reviewed by a
subcommittee which was comprised of Larry Gardner
of the CDAC, Dr. Darrel Vines of the CSAC, and
Octavia Givens of HRC.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson, authorizing allocation
of $7,200 to the Community Services Department of
the City of Lubbock. Motion carried: 7 Yeas; 0
Nays.
Motion was made by Councilman Patterson, seconded
by Councilman Maloy, approving Resolution #3084
which authorizes $9,800 in funding to Lubbock
Regional Mental Health and Mental Retardation
Center. Motion carried: 7 Yeas; 0 Nays.
(37.) Hold an Executive Session on Personnel Matters to
discuss appointments to:
Citizens Traffic Commission
Lubbock Municipal Arts Committee
Lubbock Civic Centers Board
1990 Complete Count Committee
April 27, 1989
Page 277
89-48A-277-237
(38.) Consider two appointments to the Citizens Traffic
Commission to replace Harry Eastus term expires
July 13. 1990). and Yancey Price (term expires
Motion was made by Councilman Phillips, seconded
by Councilman Patterson, to hold appointment of
Harry Eastus and appoint Mike Johnson to replace
Yancey Price to the Citizens Traffic Commission.
Motion carried: 7 Yeas; 0 Nays.
89-48A-277-238
(39.) Consider two appointments to the Municipal Arts
Committee to replace Dottie Johnston and Anita
Taylor.-
Motion was made by Councilman Phillips, seconded
by Mayor Pro Tem Baker, to move Sammy Ribble from
at -large appointment to the representative of the
Civic Centers Board, to appoint Alice Moreno as
representative of the Parks and Recreation Board
and to appoint Rosie Alford to the at -large
position on the Lubbock Municipal Arts Committee.
Motion carried: 7 Yeas; 0 Nays.
89-48A-277-239
(40.) Consider two appointments to the Lubbock Civic
Centers Board to replace Barry Orr (term expires
Auaust 1. 1989). and Jeff Klotzman (term exoires
Motion was made by Councilman Phillips, seconded
by Councilman Patterson, to appoint Bob Bray and
Bob Nash to Lubbock Civic Centers Board. Motion
carried: 7 Yeas; 0 Nays.
89-48A-277-240
(41.) _ Consider three appointments to the 1990 Complete_
Count Committee. Suzanne Johnston Jack
Schnieder, and Delbert McDougal have declined
their apoointments.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson, to appoint Rice Harkey,
Dr. Tim Leslie and Chris Baca to the 1990
Complete Count Committee. Motion carried: 7
Yeas; 0 Nays.
89-48A-277-241
( 5.) A representative of the Building Board of Appeals
will annear to recommend adoption of:
A. The 1988 Uniform Building Cade with
amendments.
ORDINANCE #9271
AN ORDINANCE AMENDING CHAPTER 6, ARTICLE II OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, ENTITLED "BUILDING CODE",
BY ADOPTING THE UNIFORM BUILDING CODE, 1988 EDITION; SETTING FORTH
GENERAL SPECIFICATIONS FOR BUILDING; CORRECTING TYPOGRAPHICAL ERRORS
AND NUMBERING ERRORS; ESTABLISHING PERMIT AND FEE REQUIREMENTS;
DELETING DUPLICATIONS OF REGULATION; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
April 27, 1989
Page 278
Mike Landress, Member of the Building Board of
Appeals, appeared to advise Council regarding the
Board's recommendations to adopt the 1988 Uniform
Building Code and the 1988 Uniform Fire Code and
an update of the National Fire Code, with
Amendments. Mr. Landress stated that the Board
had carefully reviewed both Codes.
Councilman Carpenter questioned the requirement
to sprinkle some apartments, etc, and asked if
the Board discussed those changes during its
hearing, and whether or not representatives from
the Homebuilders were present either as Board
member or otherwise. His concern was whether or
not the Homebuilders are knowledgeable of the
proposed changes.
Mr. Landress stated that Terry Echols, a Board
Member, is a member of the Homebuilders
Association and that he was present during most
of the meetings when these Codes were reviewed.
Councilman Carpenter stated that he had attended
one meeting and that Mr. Echols was also present,
but went on to say that some of the Homebuilders
have advised that they were not informed of the
proposed changes.
Mr. Landress pointed out that notices had been
posted prior to each meeting which showed these
items were to be discussed.
According to Staff Memo, the Uniform Building
Code was last adopted and amended in 1985 and
with the fast introduction of new methods and
materials it has become outdated.
Items of noteworthy change in the 1988 UBC are as
follows:
1. Section 1204, second paragraph,
relating to escape and rescue windows
from basements. This has been added to
the 1988 Code and the Building Board
decided not to change the requirement
but to review it at a later date if
problems occurred.
2. Amendment to Section 6-23, 304 Fees.
This section currently exempts schools,
county, state, city and federal
projects from fee requirements for
Permits.
Exemptions to fees for governmental
entities are not provided or
recommended in the proposed code, which
will mean that the school and county be
required to pay for Permits whenever
work is contracted out to contractors.
3. The committee approved the addition of
two paragraphs to the Code, Section 6-
23 and 6-58.
A paragraph stating how Permit Fees
will be computed for remodeling of
electrical, plumbing, and mechanical if
the fee schedule does not apply.
April 27, 1989
Page 279
Also added is a paragraph to the Sign
Ordinance that gives the Building
Official and Codes Administrator
authority to have signs, which when
installed are in violation of any
Ordinance, corrected before they can be
used.
8. The 1988 Uniform Fire Code and update
of the National Fire Code, with
amendments.
ORDINANCE #9272
AN ORDINANCE AMENDING CHAPTER 11, ARTICLE III OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, ENTITLED "NATIONAL FIRE
CODES", BY ADOPTING THE 1988 EDITION OF THE NATIONAL FIRE CODES, SAVE
AND EXCEPT NFPA 1, AND ADOPTING THE 1988 EDITION OF THE UNIFORM FIRE
CODE IN PLACE OF NFPA 1; CONFORMING SAID CHAPTER TO SUCH CODES;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
Staff memo additionally stated that an objective
for the Fire Department in 1988 was to evaluate
the adoption of the Uniform Fire Code (UFC) in
lieu ❑f the National Fire Protection Association
(NFPA) Code. On March 6, 1989, the Fire Marshal
recommended to the Committee adoption of the UFC
A major advantage of adoption of the 1988 UFC,
along with the 1988 UBC, is that these two codes
are designed to be mutually supportive, companion
codes, and this will simplify operations for
architects, builders, and code enforcement
officials.
The recommendation for the UFC is that it replace
NFPA-1 which is the portion of the NFPA Code
which serves as the General Fire Code. The
remainder ❑f the 11 volume set provides
direction, standards and recommended practices
for several thousand specialized operations,
processes, occupancies and equipment items. The
remainder of the 1985 NFPA Code is t❑ be changed
to the 1988 NFPA Code and remain in effect.
Any significant new impacts to the community are
likely to be experienced because of changing from
the 1985 UBC to the 1988 UBC rather than because
of adopting the UFC in place ❑f NFPA-1.
Significant impacts to the community are most
likely to occur in new construction or in changes
of occupancy. Requirements in these areas are
contained mainly in the Building Code. The Fire
Code is geared more toward maintaining systems
which are required in the Building Code and
toward regulating hazardous operations and
processes.
An analysis of revisions in the 1988 U8C has been
published and a review of that publication
indicates that the changes of most significance
are as listed below.
1. Strength test of concrete in certain
situations increased from 2,000 psi to
2,500 psi.
April 27, 1989
Page 280
2. Increased ventilation in some hazardous
material storage areas.
3. Kindergarten or day care not allowed in
basements.
4. Separation between occupancies with
excessive amounts of hazardous
materials.
5. Laboratories in certain occupancies
must have 2 exits.
6. Hospitals and nursing homes can be one
story higher than before, but smoke
compartments will be limited in size in
patient areas.
7. Smoke detectors required in patient
rooms.
8. occupancies such as repair garages
cannot have open stairways.
9. Sprinklers required in all patient
rooms.
10. Sprinklers required in drinking
establishments over 5,000 square feet.
11. Sprinklers required in repair garages
over 3,O01 square feet.
12. Sprinklers required in all Group H,
Division 1, 2, and 3 occupancies.
(Generally, these are occupancies with
significant amounts of flammable
liquids, explosives or other such
hazardous materials).
13. Residential type sprinklers required in
apartment houses which exceed 3 stories
or 15 units.
These requirements are not retroactive but will
affect new construction or change in type of
occupancy.
Motion was made by Councilman Carpenter to
approve Ordinance #9271 and Ordinance #9272 on
first reading, with the stipulation that some
items presently recommended for adoption may need
to be changed before second reading. He advised
that since these are the 1988 Codes, it is
imperative that they be adopted in a timely
manner. He commented further that good hearings
had been held on the recommended changes, but
that in the interest of fairness, considering
some portions of the recommendations for change
before second reading is a good idea.
Councilman Maloy seconded the motion and added
that anytime citizens of the City are going to be
impacted, especially when specific groups are
involved, it is important that presentations be
made to these groups rather than leaving them to
hear about proposed changes by word of mouth. He
commented that the Apartment Association has no
knowledge of the water sprinkler system
April 27, 1989
Page 281
requirements for complexes numbering 15 units or
more.
Mayor McMinn restated the motion as follows:
Motion was made by Councilman Carpenter, seconded
by Councilman Maloy to approve Ordinance #9271
and Ordinance #9272 on first reading, and
directing that staff contact groups or
organizations which will be impacted by the
recommended changes. Mayor McMinn requested
further that Staff advise Council on second
reading that these groups have had an opportunity
to see the recommended changes.
Mayor Pro Tem Baker asked if the areas in
question should be specifically identified, and
Councilman Carpenter said that for the most part,
the areas regard sprinkler system requirements
and stated further that Staff will be getting
with the groups to be affected. He said that
most ❑f the changes are minor and that this Code
is basically the same one the City has operated
under for many years. The changes with main
impact are in the Fire Code, with the Building
Code having only minor changes.
Councilman Maloy stated that he did not think
there would be opposition t❑ the proposed
changes, but that, as a courtesy, the suggested
contacts should be made.
Motion carried: 7 Yeas; 0 Nays.
There being no further business to
was made by Councilman Patterson,
adjourn the meeting at 11:54 A.M.
come before the Council, motion
seconded by Mayor Pro Tem Baker, to
Motion carried: 7 Yeas; 0 Nays.
B. C. McMINN, MAYOR
ATTEST:
4Rantte Boyd, City Se etary
READ AIND APPROVED THIS MAY 11, 1989.
Q A
J- C. //*,Y*, ���
B. C. McMIN , MAYOR
ATTEST:
C=2
Rane a Boyd, City Secreta y
NOTICE is Itarabr glyan that a
tiMlic hearing will be Wd on April
27, 19e9 in fie City Council Cram -
bars a1 1625 13th Street, Lubbock,
Texas, at 10:7o A.M. to Consider
THE STATE Ire application of Socarro Exvlora-
COUNTY O tPermion fit located! an Oiand Gas Drilling
Before me - In section 6, Block A. Lubbock
County. Texas, the well and stor-
personally a ago location Is proposed approxi-
mately 990 feet north and "M leet
pers Corpo r
east of the southwest Garner. The
sell site is north of East Erskine
being by ME and east of North Guava.
than fifty-t For addilio wl Information,
conlao Randy Henson, 7624AI1.
extension 2103.
ed copy of t Ras
Avalanche-J❑u rng I on Tne ❑ owin;
P17 Wnt"ris [ _4f_ _- ::4(
R— 63
�_ a Notary Public in and for Lubbock County, Texas on this day
t� r1 P A e ;Tap,aiAar of the Southwestern Newspa-
e Lubbock Avalanche -Journal — Morning. Evening and Sunday, who
and say that said newspaper has been published continuously For more
irst insertion of this ;.,4 II i� o t T c e _
—No- _5`16s IG at Lubbock County, Texas and the attached print -
is a true copy of the original and was printed in the Lubbock
dates: Ao r1 I 12, 19,,V
Accourit tiartrii_e r
LUBBOCK AVALANCHE -JOURNAL 01kNA UYHITEHEAD
Corporation NOTARY PUBLIC in and For State Texas
P My Commission Expires 9-26-9-9 0 ' Southwestern Newspapers oration
Subscribed and sworn to before me this ;�Auhdav of April . 1911-9--
FORM 58-10
NOTICE OF
CITY COUNCIL HEARING
NOTICE Is hereby given to all in-
terested persons as provided by
law. that the CiIY Council wflI hold all 0:Iic 30 A.M., n nthe Cidlty Council R - 66
THE ST Chambers, 1625 Mh Street, Lub.
bock, Texas, to consider the recom.
COUNT'
mendalions of the Planning and
2:ddinaCommission a that my a d a Notary Public in and For Lubbock County, Texas on this day
Before r ordinance >aw fx amended m
amend sitstiesc of said ow;Zoningan or. of the Southwestern News a-
perSOria alnance its described below; and at p
which nswlII egivenal I noPP ested
1unl- of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who
pe rs Co Persons wql be given an oppdrYuni• g g y
g the be City Council
will determine poSe and say that said newspaper has been published continuously for more
being b the city Council will determine
whether the Toning Ordinance will the first insertion of this Legal n 4 r c
than f i f be amended In accordance with i rJ - -
such recommendation: No. ,5061-07 at Lubbock County. Texas and the attached print-
eCopy roNe CASE No, 2629: Request of i re
d Jimmy King for zoning change
is a true copy of the original and was printed in the Lubbock
from M-2 toM-2 Specific Use [for a Wlng dates: n
Avalan4 wrecking yard] on a traet out of Ti 127 1989 -
-11 Sec}idn 3. Btock S (3105 Slaton *61.64
thwa,11
R-IM
7 Cu L
Account fianaLOer
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
DIANA WHITEHEAD
NOTARY PUBLIC in and For State of Texas
MY Commission Expires 9-26-90
Subscribed and sworn to before me this 24't h day of Aa ri l . 19 89
FORM 58-10
NOTICE OF
PuBpc NEARING
The 1-11 a City Council -Will con.
duct a Public Hearing to allow citl-
THE 5T�onxens We appart MOV 10 comfnenl
The allocation of Emergency
COUNTY
grant Program Funds. The
Pu41ic Hearing Will be held on
R-9❑
Before m Thursdayj city ou cil a tiers a Notary Public in and For Lubbock County, Texas on this day
a.m. in the Ll1Y Council 1 Chambers P
personall!l ,, ,aaMunicipaI BUIlding, 162513th A guA*. _ of the Southwestern Newspa-
pers Cori1 the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who
being by me ❑uiy sworn d'dUepose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this _i I inti re
No. at Lubbock County. Texas and the attached print-
ed copy of theLe t i C 1 is a true copy of the original and was printed in the Lubbock
Avalanche -Journal on the following dates:
A-i—lount Manager
LUBBOCK AVALANCHE -JOURNAL LIANA WHITEHEAD
Southwestern Newspapers Corporation i40TARY PUBLIC in and For State of Texas
My Commission Eq irea 9.26.90
Subscribed and sworn to before me this Z4t day of AP F! I - I 19-4.6L—
FORM 58-10