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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