HomeMy WebLinkAboutMinutes - City Council - Regular - 8/24/1989CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
AUGUST 24, 1989
The City Council of the City of Lubbock, Texas met in regular session
on the 24th day of August, 1989 in the City Council Chambers, first
i- fluor, 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 Tr 'o, 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.
� l') The Invocation was given by Assistant City
Manager Rita Harmon'
( 2'1 The Pledge of Allegiance was given in unison by
those in the Council Chambers'
( 3'\ Motion was made by Councilman Patterson, seconded
by Councilwoman Tr 'o to approve the Minutes of
the August IO, 1989 Regular City Council meeting
as written' Motion carried: 7 Yeas; O Nays-
( 4') Board Appointments
� 5.) Representatives of the Lubbock Emergency
Communications District will appear to present
the Communications District Budget for 1989-90
and request approval.
RESOLUTION #3181
WHEREAS, in accordance with VTC3 1432e the voters within Lubbock
County have approved the creation of the county -wide Lubbock
Emergency Communication District in an election for such purpose
April 5, I886; and
WHEREAS, the Board of Managers of the Lubbock Emergency
Communication District have voted for approval and racnnnnand the
approval of all other jurisdictions of the Lubbock Emergency
Communication District's Budget for Fiscal Year 1989/90, as attached
hereto, and set the service fee rate at 4'5% of the base rate as
defined by VTCS 1432e Section 11(b). NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
That the City of Lubbock's City Council hereby approves the
Lubbock Emergency Communication District's Budget for Fiscal Year
1989/90, as attached hereto, and to set the service fee rate at 4,5%
of the base rate as defined by VTC8 1432e Section I1(b).
Passed by the City Council of the City of Lubbock this 24th day of
August, 1989.
August 24, 1989
Page 670
LECD
BUDGET SUMMARY
ACTUAL ACTUAL REVISED PROPOSED
DESCRIPTION FY 1987-88 FY 1988-89 FY 1988-89 FY 1989-90
REVENUES:
Combined Revenues 448,752 610,341 598,890 699,980
TOTAL 448,752 610,341 598,890 699,980
DEBT:
Bank Loan 0
TOTAL 0
OPERATING
EXPENDITURES:
Personnel
109,284
Supplies
5,802
Maintenance
925
Other
46,832
Capital
7,231
Contingency
947
Public Education
0
TOTAL
171,021
9-1-1 SERVICE:
Non -Recurring
0
Recurring
0
TOTAL 0
DEBT RETIREMENT:
Loan Payment 0
TOTAL 0
RESERVES:
Operating
320,000
320,000
117,895
6,250
1,556
68,068
0
10,000
30.000
233,769
M
131,845
6,250
1,556
57,868
4,200
10,000
22.500
234,219
0
222,006
630,000 530,000 50,000
235,800 235,800 325,000
865,800 765,800 375,000
64,500 38,734 77,500
64,500 38,734 77,500
Reserves:
277,731
(233,728)
(139,863)
25,474
TOTAL
277,731
(233,728
(139,863)
25,474
TOTAL EXPENDITURES
171,021
1,164,069
1,038,753
674,506
REMAINING BALANCE
0
0
0
0
Bill Johnson, Executive Director of Lubbock
Emergency Communications District, requested that
Council approve the Communications District
Budget for 1989-90, which has been reviewed by
the LECD Board of Managers.
The legislation which authorized the creation of
Emergency Communication Districts, requires the
submission of an annual operating budget to
affected government jurisdictions.
Staff recommended approval.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to authorize Resolution
#3181 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
August 24, 1989
Page 671
( 6.) A representative of University Ministries will
appear to request a Loudspeaker Permit in
conjunction with an outdoor concert on August 30
1989.
Susan Pierce, representing University Ministries,
appeared to present a request for a Loudspeaker
Permit in conjunction with an outdoor concert to
be held within the 2400 block of 13th Street,
August 30, 1989 from 7:30 p.m. - 9:30 p.m.
University Ministries, a Christian ministry to
the Texas Tech community, funded by the
Presbyterian Church and the Disciples of Christ,
is staging this concert to enhance their student
membership.
Rev. Pamela B. Powell has received permission
from the church to stage this particular event
and obtained the required signatures and approval
from those individuals and businesses located
within a one block radius of the proposed
activity site. An on -site inspection of the site
showed ample on -street and off-street parking.
Council approval is required on this case due to
the time of the event and the activity being
located within a residential zone.
Staff recommended approval.
Motion was made by Councilman Patterson, seconded
j by Mayor Pro Tem Baker to approve request of
University Ministries for a Loudspeaker Permit in
conjunction with an outdoor concert to be held
August 30, 1989. Motion carried: 7 Yeas; 0
Nays.
( 7.) ORDINANCE #9303--Establishing a 55 MPH speed
limit on Milwaukee Avenue between the north City
limits and 19th Street, and a 50 MPH speed limit
on Milwaukee Avenue between 19th Street and 34th
Street.
ORDINANCE #9303
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN
PORTIONS OF MILWAUKEE AVENUE, 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; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR
HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
Motion was made by Councilman Patterson, seconded
by Councilwoman Trejo to pass on second and final
reading Ordinance #9303 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
89-48B-671- 512
( 8.) ORDINANCE #9304--Amending Section 2-571 of the
Code of Ordinances regarding appointments to the
Committee for Women.
ORDINANCE #9304
August 24, 1989
Page 672
AN ORDINANCE AMENDING SECTION 2-571 OF THE CODE OF ORDINANCES
OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW PROVISION
REQUIRING APPOINTMENTS TO THE COMMITTEE FOR WOMEN TO BE MADE Iil
JANUARY OF EACH YEAR HEREAFTER- AND PROVIDING A SAVINGS CLAUSE
Motion was made by Councilman Patterson, seconded
by Councilwoman Tre'o to pass on second and final
reading Ordinance #8304 as pgcODDDeDded by Staff.
Motion carried: 7 Yeas; O Nays-
(I2-) Consider Resolution #3182 accepting Drainage
Channel improvements constructed by C.B. Thompson
Construction Company in Farrar Estates Tract "I".
RESOLUTION #3182
RESOLUTION ACCEPTING IMPROVEMENTS AS LISTED BELOW:
WHEREAS, in conformance with the paving requirement provisions
of City Ordinance 1331, the subdivider of Farrar Estates, Tract «In
made arrangements with C.B. Thompson Construction Company for the
construction of improvements in said subdivision under the provisions
of said Ordinance prior to the recording of the subdivision plat of
the above mentioned addition including the following:
Ten foot wide concrete drainage Channel between Bangor Avenue
and Albany Avenue in easement on northwest side of Tract oIx
known as Unit No 2033-71^ and
WHEREAS, the construction of the above improvements was
performed under the supervision of the City Engineer, and said
improvements have been completed and have been inspected and found to
have been constructed in accordance with City specifications and in
accordance with the provisions of City Ordinance I331; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION I. THAT the improvements be and the same are hereby
accepted and the City Engineer be and he is hereby authorized to
notify the developer of acceptance by the Lubbock City Council.
SECTION 2- THAT this Resolution shall take effect and be in
force from and after its passage'
Passed by the City Council this 24th day of August, 1989.
B. C. McMINN, MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/s/ Larry Hertel /s/ J. Worth Fullingim
Larry Hertel, City Engineer J. Worth Fullingim,
Assistant City Attorney
CONSOLIDATED FINAL COST
FARRAR ESTATES
Tract xTo
August 24, 1989
August 24, 1989 673
Page 673
CONSTRUCTION
UNIT &
SUB
UNIT DESCRIPTION
- 1=1
2033-71 Ten foot wide concrete drainage channel between Bangor
Ave. and Albany Ave. in easement on north west side of
Tract "I".
93.00
L.F.
of Curb
and Gutter
778.89
S.Y.
concrete
drainage channel
148.76
S.Y.
Paving &
Caliche base removal
79.60
L.F.
Curb and
Gutter Removal
20.67
S.Y.
Pavement
Patching
CONSTRUCTION —COST —(LUMP—Sum) $ 21,724.00
COSTDISTRIBUTION
Construction Developer
Cost —Cost
-
$ 21,724.00 $ 21,724.00
This is a routine acceptance of drainage
channel improvements required at the time of
platting this new subdivision, which is the
new Ed Irons Junior High School site, north
of 79th Street and east of Albany Avenue.
No City cost is due the contractor and Staff
recommended approval.
Motion was made by Councilman Phillips,
seconded by Councilman Carpenter to authorize
Resolution #3182 as recommended by Staff.
Motion carried: 7 Yeas; 0 Nays.
89-48B-673-514
(13.) Consider request of Burk Luebbehusen Ray &
Company for bond reduction for LIF-Lubheirs
#4 (North of North Loop 289, south of
Municipal Drive).
This is a routine request as provided by
Section
24-128(a) of the City of Lubbock Code of
Ordinances. The site is in the parking lot
of McCrory's warehouse. When a well is
completed, the permittee is entitled to
request a reduction of the Bond or Letter of
Credit from $25,000 to $10,000.
Drilling operations have been completed and a
letter requesting reduction of the above
mentioned bonds was submitted to the Planning
office on August 7, 1989. Staff recommended
approval of the reduction.
Motion was made by Councilman Phillips,
seconded by Councilman Carpenter to approve
request for bond reduction as recommended by
Staff. Motion carried: 7 Yeas; 0 Nays.
August 24, 1989
Page 674
674
89-48B-674-515
(14.) Consider Resolution #3183 authorizing the
Right -Of -Way Department to make a formal
offer to J.B. Stinnett and wife, Dorothy Jean
Stinnett or a portion of Lot 18, Block 1,
Burleson Osborn Heights Addition to the City
of Lubbock.
RESOLUTION #3183
WHEREAS, the City of Lubbock, Texas, a Home Rule
Municipality located in Lubbock County, Texas, has determined
and does hereby determine that the public needs, safety and
welfare demand and create a public necessity for the
acquisition of additional land for municipal public purposes,
to -wit: for the widening of Detroit Avenue, and this City
Council of said City finds it in the public interest and for
public purposes and municipal purposes to proceed with the
acquisition of lands as needed for such purposes as aforesaid;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to the following
described tract of land located in Lubbock County, Texas be
acquired for public purposes and municipal purposes as set
forth in the preamble hereof, to -wit:
A portion of Lot 18, Block 1, Burleson -Osborn Heights
Addition to the City of Lubbock, Lubbock County, Texas,
being further described as follows:
BEGINNING at a 1/211 iron rod found at the Northwest
corner of Lot 18, Block 1, Burleson -Osborn Heights
Addition to the City of Lubbock, Lubbock County, Texas;
THENCE S. 5605512011 E., along the North line of said Lot
18, a distance of 61.52 feet to a railroad nail set for a
point of reverse tangency;
THENCE Southwesterly around a curve to the left, said
curve having a radius of 15.00 feet, a central angle of
go*, tangent lengths of 15.00 feet, and a chord distance
of 21.21 feet to a point of compound curvature from
whence a railroad nail set in reference bears S.
5605512011 E., a distance of 15.00 feet;
THENCE Southwesterly around a curve to the left, said
curve having a radius of 190.00 feet, a central angle of
3300414011, tangent lengths of 56.42 feet, and a chord
distance of 108.17 feet to a crows foot set in concrete
walk in the West line of Lot 18 for a point of reverse
tangency;
THENCE North, along the West line of Lot 18, a distance
of 141.66 feet to the POINT OF BEGINNING.
SECTION 2. THAT the owners of said tracts, including J.
B Stinnett and wife, Dorothy Jean Stinnett, and J. B. Stinnett
d/b/a Stinnett Food Mart, BE offered through the Right -of -Way
Department of the City of Lubbock the amount of $53,000, which
is the amount appraised as the value and total damages for the
fee simple title and acquisition of said real estate herein -
above described, for the use and benefit of the City of
Lubbock, Texas, for the purposes herein stated, and unless
accepted forthwith, the City Attorney of said City of Lubbock
is hereby authorized and instructed to institute condemnation
(eminent domain) proceedings to acquire the fee simple title
to said land as hereinabove described for public purposes and
municipal purposes.
August 24, 1989
Page 675
Passed by the City Council this 24th day of August, 1989.
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
/s/ B. C. McMinn
B. C. McMINN, MAYOR
APPROVED AS TO FORM:
/s/ J. Worth Fullingim
J. Worth Fullingim,
Assistant City Attorney
This Resolution replaces Resolution No. 3066,
which was approved by the City Council April 13,
1989, giving the Right -Of -Way Department
authority to make an offer of $40,800 for a
parcel at the southeast corner of Detroit Avenue
and Clovis Road.
This amount was the appraised value of the
property to be taken, and Mr. Stinnett, the
property owner, indicated that the offer was too
low. He countered with a request for $106,000,
less depreciation to replace his current income
stream from this property (which includes a small
drive -up restaurant) and finally, has agreed to
an offer of $65,000 for the taking.
July 14, 1989, Staff visited with Don Graf, the
Attorney for Mr. Stinnett, about a compromise.
j Mr. Graf stated that Mr. Stinnett would accept a
compromise price for the property of $53,000,
$12,200 more than the original offer. This price
was derived by splitting the difference between
$40,800 and $65,000.
Unless a compromise is reached, this acquisition
will go to the Commissioner's Court as a
condemnation case, and they will probably be
asking for at least $65,000. Recent experience
indicates a trend where the Commissioner's Court
splits the difference in the amount of the award.
Besides this additional $12,200 being awarded by
split, our estimated condemnation costs are as
follows:
Award, if difference is split
with $65,000 value $53,000
Court Costs 250
Commissioner's Cost 400
Appraiser's Cost 1,500
Total Estimated Cost (Minimum) $55,150
This amount does not include the City's time.
The $55,150 is $2,150 more than Mr. Stinnett's
acceptance offer of $53,000.
Staff visited with the City Attorney's Office and
were informed that condemnation costs could
easily run $2,000 to $3,000 more than the $2,150
due to the Commissioner's practice of splitting
the award and that Mr. Stinnett's offer of
$53,000 would be an acceptable compromise.
August 24, 1989
Page 676
Staff recommended approval of an offer of
«53,OOO.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilwoman Tra'u to authorize Resolution
#3I83 as recommended by Staff. Motion carried:
5 Yeas; 2 Nays --Councilman Carpenter and
COUOc1l0aD Phillips.
(l5') Consider Ordinance #9305 abandoning and closing a
portion of 74th Street just east of Quaker
ORDINANCE #9305
ANORDINANCE ABANDONING AND CLOSING APORTION OF74TH 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 CLO3ING~, " PROVIDING A SAVINGS CLAUSE' AND
PROVIDING FOR PUBLICATION.
89-488-676-517
(I6.)
This 30/ wide portion of 74th Street was
dedicated in conjunction with the Quaker Heights
subdivision platting. It will be replattgd into
Tract xBx, West Chase Addition. The proponent of
this closure is Hugo Reed for Haverty Furniture
Companies, Inc' The area being closed is 2,074
square feet.
TheCity recently mold a small portion of Quaker
Avenue right-of-way for $0'8 per square foot,
and using this valuation for this 2,074 square
feet, the value of this street area being closed
is tI,89I'04. The Right -Of -Way Department values
this street area at 50% of fee simple or $995.52,
since the area being closed will revert to an
Underground Utility Easement and part of an
Access Easement. When Quaker Avenue was paved
and assessed, the City of Lubbock paid the
assessment for this street area (33.67/). At the
commercial assessed rate of $54'88, the valuation
of this paving comes to «1,848.15. Since this
was paid for by the City rather than a private
landowner, Staff is asking for this amount upon
closure, making the total $2,843'67' All
utilities are in agreement" and Staff recommended
approval.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson to pass on first reading
Ordinance #9305 as recommended by Staff- Motion
carried: 7 Yeas; O Nays.
Conn
RESOLUTION #3184
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 Amendment No. l to Resolution #2911 for Community
Development Funding Agreement between the City of Lubbock and
Guadalupe -Parkway Neighborhood Centers, Inc., attached herewith"
August 24, 1989
Page 677
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 24th day of August, 1989.
ATTEST:
Ranette Boyd, City Secretary
/s/ Sandy Ogletree
Sandy Ogletree, Community
Development Administrator
B. C. McMINN, MAYOR
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
AMENDMENT NO I
TO
RESOLUTION #28II FOR
COMMUNITY DEVELOPMENT FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK AND
GUADALUPE-PARKWAY NEIGHBORHOOD CENTERS, INC'
THE STATE OF TEXAS §
COUNTY OF LUBBOCK G
The Amendment to an Agreement is entered into this 24th day of
k� August,lQ89, between the City of Lubbock,Texas, a home rule
~
municipal corporation, hereinafter called "City" and Guadalupe -
Parkway Neighborhood Center, Inc', a nonprofit corporation
incorporated under the laws of the State of Texas, hereinafter called
"Grantee".
SECTION 1. AGREEMENT PERIOD
The parties hereto agree to amend Section l' Agreement Period of the
Funding Agreement to extend the termination date from the originally
established data of September 7, 1989, to the amended termination
date of May 31, 1990'
IN WITNESS WHEREOF, the City and the Corporation have executed this
Agreement as of the first day above written.
CITY OF LUBBOCK
B. C. McMINN, MAYOR
ATTEST:
Ranette Boyd, City Secretary
8UADALUPE-PARKWAY NEIGHBORHOOD
CENTERS, INC'
Executive Director
August 24, 1989
Page 678
APPROVED AS TO CONTENT:
/s/ Sandy Ogletree
Sandy Ogletree, Community
Development Administrator
APPROVED AS TO FORM:
/a/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
On September 8, 1988, the City Council passed a
Resolution authorizing the Mayor to execute a
Funding Agreement with Guadalupe -Parkway
Neighborhood Centers, Inc' which provided the
Centers with an amount, not to exceed $II3,000
from the City CD8G allocation received in June,
I988' The assistance is to be used for building
design and construction of a multi -purpose
building at the Parkway Community Center, at 405
North Ouirt-
A matching fund policy was established by the
Community Development Advisory Committee in an
effort to leverage public and private dollars for
Community Development. The Agreement includes a
provision that requires Guadalupe -Parkway Centers
to provide 25% of the funding for the Project.
To assist Guadalupe -Parkway Neighborhood Centers
in their effort to obtain the necessary matching
funds, the Agreement released $I2,000 for the
purpose of securing design services to develop
plans and specifications for the Parkway
facility, for which preliminary plans have
already completed.
According to Staff comments, Guadalupe -Parkway
Centers are now in the process of obtaining the
necessary matching funds to begin the
construction phase of the Parkway Center
facility, with the application for funding being
evaluated by The Meadow Foundation' A summary of
the Current fund raising efforts of Guadalupe -
Parkway Centers was provided for Council review.
The Federal statute governing Community
Development stipulates that all CDB8 funds be
expended within two program years, and this
requires that the Parkway project be completed by
May 31, I990' Guadalupe -Parkway Neighborhood
Centers, Inc. has requested the termination date
of the Agreement be extended from the original
date of September 7, 1989, to May 31, 1980.
Staff recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilman Carpenter to authorize Resolution
#3184 as recommended by Staff. Motion carried:
7 Yeas; O Nays'
/I7'1 Consider Resolution #3185 authorizing the Mayor
August 24, I988
Page 679
RESOLUTION #3185
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 for public bodies participating in the Section
312 Rehabilitation Loan Program Part l - Loan Processing by and
between the City of Lubbock and the United States of America, acting
by and through the Secretary of Housing and Urban Development, and
Part II - Local Loan Approval both 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 24th day of August, 1989.
B. C. McMINN, MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED 83 TO CONTENT: APPROVED AS TO FORM:
/s/ Sandy Ogletree /s/ Teresa J. Wright
Sandy Ogletree, CommuniTy' Teresa J. Wright, Assistant
Development Coordinator Trial Attorney
AGREEMENT FILED WITH RESOLUTION #3185
According to Staff memo, for the first time since
the inception of the HUD 312 Rehab Loan, HUD is
requiring a formal agreement with cities to carry
out local reviews of 312 Loan applications. The
HUD Section 312 Loan Program is primarily a loan
program to assist qualified low -to -moderate
income families with rehabilitation of owner -
occupied single-family residential properties.
The Section 312 Loan is an effective tool when
the applicant demonstrates the ability to make
monthly loan payments and the structure involved
needs extensive rehabilitation. The program is
mainly utilized in assisting large families where
additional space and room are needed'
The Section 312 Loan is directly funded by HUD,
but packaged locally by the Community Development
staff' For those applicants who meet the low -to -
moderate income guidelines of HUD, the interest
rate of the loan is 3%; all other applicants pay
the prevailing U.S. Treasury rate which now
stands at 7'97%. The maximum maturity term
allowed for the 312 Loan is 20 years; and the
maximum loan amount is $33,500' The properties
must be located in the Community Development
Block Grant area.
The Community Development Department has been
processing and locally approving HUD Section 312
Loans mince 1984; from 1976 to 1984, the loans
were processed and approved by the Urban Renewal
Agency. Lubbock is one of the only Section 312
recipients with local loan approval authority.
August 24, 1989
Page 680
19-48B-680-
In the period between October 1; 1987 and
September 30, 1988, the Community Development
staff processed 13 residential loans totaling
$185,000, and one commercial for $100,000.
Federal funding for the Section 312 Loan Program
is sporadic, and is generally made available to
cities on a first -come, first -served basis; the
City of Lubbock has been successful in securing
funding each year. This year, HUD is giving
priority for Section 312 Loan funding to cities
with approved Urban Homesteading Programs, which
provide a funding source for qualified local
homesteaders to carry out the required repairs to
their homestead units. All seven of the City's
Homesteaders qualify for the 3% interest rate,
and loan applications are currently being
prepared for submission to HUD.
This is the first time HUD has required this
Agreement with the cities to participate in the
Section 312 Loan Program. Staff does not
anticipate that the execution of this Agreement
will alter the administration of the current
program and therefore recommended approval.
Motion was made by Councilman Patterson, seconded
by Councilman Phillips to authorize Resolution
#3185 as recommended by Staff. Motion carried:
7 Yeas; 0 Nays.
Consider Ordinance #9306 establishing speed
limits on U.S. 84 (Avenue Q and Clovis Road),
between 4th Street and the West City Limits.
ORDINANCE #9306
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN
PORTIONS OF U.S. 84, 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; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS
NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
These speed limits are based on speed studies
conducted by the State Department of Highways and
Public Transportation. The existing speed limits
have minor inconsistencies which will be
corrected, and this Ordinance will provide a
smooth transition from a 35 MPH speed limit at
4th Street to a 55 MPH speed limit at the West
City Limits. Staff recommended approval.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to pass on first reading
Ordinance #9306 as recommended by Staff. Motion
carried: 7 Yeas; 0 Nays.
89-48B-680- 520
(19.) Consider Resolution #3186 authorizing the Mayor
to sign a revised application for a Corps of
Engineers 404 Permit.
August 24, 1989
Page 681
RESOLUTION #3186
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 revised Section 404 Permit Application for the City of
Lubbock's proposed Lake Alan Henry (formerly called Juaticeburg
Reservoir), 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 24th day of August, 1989.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Sam Wahl
Sam Wahl, Director of Water
Development
B. C. McMINN, MAYOR
/s/ J. Worth Fullingim
J. Worth Fullingim, Assistant
City Attorney
SECTION 404 PERMIT APPLICATION FILED WITH RESOLUTION #3186
Since the original permit application was
submitted, the emergency spillway design has
changed and the Corps of Engineers has requested
[�\ that the Permit application be revised to reflect
these changes.
TheCorps has also recommended that Barbara
Nickerson, with Freese and Nichols, be named the
Official Agent for the City of Lubbock' (The
original application lists Samuel W. Wahl as the
agent for the City.) The Corps would prefer to
have someone with Freese and Nichols designated
as the official agent since technically, all
communication should be between the Corps and the
officially designated Agent, and it would also
simplify communications for the 404 Permit.
Staff recommended approval.
�
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson to authorize Resolution
#3186 as recommended by Staff. Motion carried:
7 Yeas; O Nays'
89-488-68I-521
(2O') Consider Resolution #3187 authorizing the Mayor
to sign an Addendum to the Memorandum of
Agreement with the "Landowners" at Lake Alan
RESOLUTION #3187
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 an
Addendum to Memorandum of Agreement to be entered into by and between
said City and Billy Wayne Williams and Wife, Patsy Williams; Carol
Sue Reed and husband, John E. Reed, said addendum being to a
August 24, 1989
Page 682
Memorandum of Agreement being executed by the aforesaid parties and
other parties under date of April 3, 1986, said addendum to
Memorandum of Agreement being concerned with acquisition of land in
connection with Lake Alan Henry (formerly called Jumticeburg)
Reservoir Project in such form as shall be satisfactory to the City
Passed by the City Council this 24th day of August, 1989.
B. C. McMINN, MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Sam Wahl, Director of Water John C. Ross, Jr., City
Development Attorney
ADDENDUM TO
MEMORANDUM OF AGREEMENT
This Agreement (this "Agreement") is entered into on the 6a« and
date last appearing, by and between the City of Lubbock, Texas
(hereinafter called "City"), and Billy Wayne Williams and wife, Patsy
Williams and Carol Sue Reed and husband, John E. Reed (hereinafter
called the "Sections lI and 12 Owners");
WHEREAS" City did enter into a certain Memorandum of Agreement
executed April 3, 1980 (hereinafter called the "Memorandum of
Agreement")r�emento) with certain landowners (hereinafter called the
�`
"Landowners"), as more fully described and set forth in said
Memorandum of Agreement, a copy of which is attached hereto as
Exhibit A and incorporated herein for all purposes; and
WHEREAS, the Sections 11 and 12 Owners are among those named as
the Landowners in the Memorandum of Agreement; and
WHEREAS, pursuant to the terms and provisions of the Memorandum
of Agreement,itv has entered into the following contracts of sale
(hereinafter called the "Contracts of Sale") for the purchase of real
property to be conveyed by the Landowners to City:
Contract of Sale between City and Billy
Huddleoton dated February 21, 1989, recorded in
Volume 179, Pages I48-222 (inclusive), Deed
Records of Garza County, Texas, and in Volume
193, Pages 725-799 (inclusive), Deed Records of
Kent County, Texas, which Contract of Sale is
incorporated herein by reference; and
2' Contract of Sale between City and Carol Sue Reed
and husband, John E. Reed, dated April 20, 1989,
recorded in Volume 180, Pages 4I9-438
(inclusive), Deed Records of Garza County, Texas,
which Contract of Sale is hereby incorporated
herein by reference; and
-^ ,
3' Contract of Sale between City and Mary Ellen
Headstream and husband, J. W. Haadmtream, dated
April 7, 1989, recorded in Volume 179, Pages 562-
097 (inclusive), Deed Records of Garza County,
August 24, 1988
Page 683
Texas, and in Volume 194, Pages 103-234
(inclusive), Deed Records of Kent County, Texas,
which Contract of Sale is hereby incorporated
herein by reference; and
4. Contract of Sale between City and Nonnie Rogers
Ward and husband, John Ward dated April 18, 1989,
recorded in Volume 180, Pages 1-210 (inclusive),
Deed Records of Garza County, Texas, which
Contract of Sale is hereby incorporated herein by
reference;
5. Contract of Sale between City and Billy Wayne
Williams and wife, Patsy Williams, dated April
21, 1989, recorded in Volume 180, Pages 440-550
(inclusive), Deed Records of Garza County, Texas,
which Contract of Sale is hereby incorporated
herein �« r�fgr�n��^ and
-^ ,
G' Contract of Sale between City and Walter Boren
and Mildred Boren Wood dated Max 25" 1888,
recorded in Volume 181, Pages 504-751
(inclusive), Deed Records of Garza County, Texan,
and rerecorded in Volume 182, Pages 230-377
(inclusive), Deed Records of Garza County, Texas,
which Contract of Sale is incorporated herein by
reference- and
WHEREAS, City has made a non-refundable deposit of twenty-five
percent (25%) of the full purchase price to be paid pursuant to the
Contracts of 3alg', and
WHEREAS, City is ready, willing and able to close on each of the
Contracts of Sale, including paying the unpaid seventy-five percent
(7��\ of the full purchase price to be paid pursuant to the
` '
respective Contracts of Sale; and
WHEREAS~ it is the understanding of the parties that the
Landowners are ready, willing and able to close on each of the
Contracts of Sale, including conveying title to City; and
WHEREAS, City, pursuant to the Memorandum of Agreement, has
identified other lands necessary to full accomplishment of the terms
of the Memorandum of Agreement; and
WHEREAS, such other lands are more fully described in a draft
Contract of Sale (the "Sections lI and 12 Contract of Sale") which is
attached hereto as Exhibit B and made a part hereof for the purpose
of describing the land and identifying the owners thereof; and
WHEREAS" the Sections ll and 12 Owners assert ownership over and
to the land out of Sections ll and 12, Block 6, H & GN RY CO' Survey,
Garza County, Texas, described in Exhibit B (hereinafter called the
"Sections II and 12 Land"); and
WHEREAS, City has made exception to the Sections 11 and 12
Owners' title to the Sections lI and 12 Land due to certain
provisions concerning the beds of Big Sand Creek and all its
tributaries and the beds of Double Mountain Fork of the Brazos River
and all its tributaries and the right of egress and ingress for
purposes of removing sand and gravel therefrom as set forth in one
certain divorce decree entered on March 10, 1925, recorded in Volume
2, Page 20, of the Garza County District Court Minutes and in one
certain deed dated March 16, 1925, recorded in Volume 28, Page 391,
Deed Records, Garza County, Texas (hereinafter called the "Title
Exception"); and
WHEREAS, the Sections ll and 12 Owners are currently undertaking
legal action to clear the Title Exception; and
August 24, 1989
Page 684
WHEREAS, the Sections 11 and 12 Owners and City desire to
separate the Sections ll and 12 Land from the terms of the Memorandum
of Agreement and to abate the Memorandum of Agreement as to the
Sections Il and 12 Land until such time as the Title Exception has
been cleared;
NOW THEREFORE, in consideration of the covenants and agreements
herein contained and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, City and the Sections
II and 12 Owners agree as follows:
I' That the provisions of paragraph VII of the
Memorandum of Agreement shall be abated and not
enforced until such time as the Sections II and
12 Owners notify City that the Title Exception
has been cleared and that the Sections II and 12
Owners are ready, willing and able to convey to
City (i) Tracts A and 8 (as described in the
Sections 11 and 12 Contract of Sale) of the
Sections lI and 12 Land in fee (the oil, gas and
other hydrocarbon minerals being reserved to the
Sections 11 and 12 Owners), by warranty deed,
free and clear of all outstanding liens,
mortgages, deeds of trust or other indebtedness
but subject, however, to any and all easements,
leases, rights -of -way, restrictions, outstanding
mineral interest and royalty interests, if any,
relating to or affecting the Sections 11 and 12
Land, /ii\ a flood and restrictive easement Upon
Tracts C (in accordance with the Memorandum of
Agreement and the Sections Il and 12 Contract of
Sale) and (iii) a restrictive easement upon
Tracts D (1n accordance with the Memorandum of
Agreement and the Sections II and 12 Contract of
Sale).
2' That the Sections Il and 12 Owners shall ^ViD
with the Landowners in forthwith dismissing all
causes of action identified in paragraph VIII of
the Memorandum of Agreement.
3' That the Sections ll and 12 Owners shall pursue
with reasonable diligence, all legal action
necessary to remove the Title Exception and shall
keep City informed as to such activity'
4. That City shall, within thirty /30\ days of the
entry of the order of dismissal of all causes of
action identified in paragraph VIII of the
Mg0VpandWV of Agreement, close each of the
Contracts of Sale and pay the unpaid seventy-five
percent (75%) of the full purchase price to be
paid to each of the Landowners pursuant to the
Contracts -of Sale in consideration of the
conveyance by each of the Landowners of the lands
described in the Contracts of Sale in accordance
With the Contracts Of Sale and the Memorandum of
Agreement.
5' That within thirty (30) days after the Sections
ll and 12 Owners have cleared the Title Exception
and given written notice of such fact to City,
City Shall close the Sections lI and 12 Contract
of Sale and pay the full purchase price to be
paid pursuant to the Sections II and 12 Contract
of Sale in consideration of the conveyance by the
Sections II and 12 Contract of Sale in accordance
with the Memorandum of Agreement and the Sections
11 and 12 Contract of Sale.
August 24, 1989
Page 685
8' Save and except as specifically amended by this
Agreement, the Memorandum of Agreement shall
remain in full force and effect.
7' City and the Sections 11 and 12 Owners agree to
execute the Sections Il and 12 Contract of Sale
at such time as the Sections ll and 12 Owners
have either cleared the Title Exception or
notified City that the Title Exception has not
been cleared. Notwithstanding any provision of
the Sections Il and 12 Contract of Sale to the
Contrary, if the legal action pursued by the
Sections ll and 12 Owners to clear the Title
Exception, as herein contemplated, finally
results in title to any portion of the Sections
II and 12 Land being adjudicated to be held by
others, the Sections Il and 12 Land so
adjudicated to be held by others shall be
excluded from the Sections lI and 12 Contracts.
TheSections 11 and 12 Contracts shall be null
and void as to any Sections ll and 12 Land
finally adjudicated to be held by others and
neither party to this Agreement shall have any
claim again the other in regard thereto. The
Sections II and 12 Land shall then be deemed to
include only the portion of the Sections 11 and
12 Land, title to which is held by the Sections
II and 12 Owners clear of the Title Exception,
and the Sections Il and 12 Contract of Sale, the
Memorandum of Agreement and the other provisions
of this Agreement shall apply thereto'
EXECUTED this 24th day of August, 1989.
ATTEST:
Ranette Boyd, City Secretary
/o/ John C. Ro�s, Jr, ----
CITY OF LUBBOCK
B. C. McMINN, MAYOR
SECTIONS 11 AND 12 OWNERS:
/s/ Billy Wayne Williams
BILLY WAYNE WILLIAMS
/s/ Patsy Williams
PATSY WILLIAMS
/s/ Carol Sue Reed
CAROL SUE REED
JOHN E. REED
ATTORNEYS FOR SECTIONS ll AND 12 OWNERS
By:/s/ Thomas I. Davies
John Reed and Billy Wayne Williams, have interest
in two sections of property (located at the west
August 24" 1989
Page 585
end of Lake Alan Henry) in the Landuwner/s
Agreement which have title problems related Co
the sand and gravel rights. Staff advised that
it will take considerable time to gain clear
title to this property.
The Addendum to the Landowners Agreement excludes
these two sections from that portion of the
Agreement that deals with interest payments; and
the Memorandum of Agreement with the landowners
provides that interest will be paid by the City
on the balance due 30 days after the dismissal of
the lawsuit- The lawsuit was dismissed August 4,
1989, there is little time ]eft on the 30-day
interest delay' The landowners have agreed to
the Addendum, and Staff recommended approval'
Motion was made by Councilman Carpenter, seconded
by Mayor Pro Tg0 Baker to authorize Resolution
#3187 as recommended by Staff. Motion carried:
7 Yeas; O Nays.
89-48B-686-522
(2I,) Consider a change to School Crossing Control
Policy regarding Traffic Signal Schedule.
At it's June meeting, the Citizens Traffic
Commission recommended a change in School Zone
Traffic Signal Schedules. Approval by the City
Council is needed so it can be implemented at the
beginning of this school year.
The Citizens Traffic Commission recommended
approval of 8taff/s proposal that the flashing
lights in school zones remain flashing until 4:00
p.m. and that the flashing yellow lights be
activated at 7:15 a'm' instead of 7:30 a.m. in
consideration of students who participate in the
school breakfast program' All flashing yellow
lights will be activated uniformly throughout the
City.
Motion was made by Councilman Carpenter, seconded
by Councilman Phillips to approve change to
School Crossing Control Policy regarding Traffic
Signal Schedule as recommended by Staff. Motion
CGpyjed: 7 Yeas; O Nays'
(22') Consider Resolution #3188 authorizing the Mayor
to sign a Contract with the Texas Department of
Community Affairs for the Community Services
Block Grant..
RESOLUTION #3188
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 Grant Application and all related documents. Said Grant
Application is to be submitted to the Texas Department of Community
Affairs and is to be in the amount of One Hundred Seventy -Three
Thousand Eight Hundred Fourteen and No/100 Dollars ($I73,8I4.00) for
the purpose of administering programs under the Community Services
Block Grant to relieve the effects of poverty in Lubbock County. A
copy of the Grant Application is attached herewith, which shall be
spread Upon the minutes of the Council and as spread upon the minutes
August 24, I989
Page 087
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 24th day of August, 1989.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
Relations Director
B. C. McMINN, MAYOR
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
GRANT APPLICATION FILED WITH RESOLUTION #3188
The Community Services Block Grant for FY I889-90
in in the amount of $173,8I4, and this
application will allow the Community Services
Department to maintain their current level of
programming to assist low income families and
individuals.
The Community Services Program includes the
Information and Referral Section which: (l)
responds to telephone requests for information
concerning community resources. (2) Publishes
annually an updated Directory of Human Services.
(3) Tracks clients requesting services from a
variety of agencies.
Thisinformation has been valuable to churches
and many other agencies which provide food and
other assistance, while it assists in determining
needs, and helps to avoid duplication of services
by community agencies.
The Community Services Department will also
continue to provide bus passes to individuals
needing transportation for medical or employment
purposes.
The grant provides 80% of the program cost, and
the remaining 20% is the City/s share, which is
covered by allocating the indirect cost
reimbursement through the City back into
Community Services programming. In addition, the
City provides the salary and benefits for the
Information and Referral Specialist and a portion
of the salary of the Information and Referral
Coordinator'
Motion was made by Councilman Patterson, seconded
by Councilwoman Tre'o to authorize Resolution
#3188 as recommended by Staff' Motion carried:
7 Yeas; O Nays.
(23.) Consider Resolution #3189 authorizing the Mayor
August 24, 1989
Page 688
RESOLUTION #3189
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 between The Child Advocacy Research and
Education Center of the Texas Tech University Health Sciences Center
School of Medicine Department of Pediatrics (xC-A'R'E' Center") and
the City of Lubbock, relating to the provision of services in
investigations of child abuse cases referred to C.A'R'E' Center by
the Police Department of the City of Lubbock, a Copy of which
agreement is attached, 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 24th day of August, 1989.
B. C. McMINN, MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/s/ Thomas J. Nichols /s/ John C. Ross, Jr.
Thomas J. Nichols, Chief of Police John C. Ross, Jr., City
Attorney
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
AGREEMENT FOR SERVICES
IN INVESTIGATIONS OF CHILD ABUSE
WHEREAS, it is in the public's interest to investigate the
physical or mental health or welfare of a Child who has been or may
be adversely affected by abuse, and
WHEREAS, the Police Department of the City of Lubbock is
lawfully charged with the investigation of possible instances of
child abuse, and
WHEREAS, the C'A-R'E' Center of Texas Tech University Health
Sciences Center School of Medicine Department of Pediatrics can
provide the City with the specialized service of forensic evaluation
in suspected child abuse investigations, THEREFORE:
THIS AGREEMENT is made this day of , 1989, by
and between the Texas Tech University Health Sciences Center School
of Medicine Department of Pediatrics C.A,R.E, Center, hereinafter
referred to as C.A'R'E. Center and the City of Lubbock, Texas,
hereinafter referred to as City. This Agreement is entered into
pursuant to Texas Revised Civil Statutes Annotated Art. 4413(32c)
(Vernon 1978)'
PURPOSE OF AGREEMENT
The purpose of this Agreement is to state the terms and
conditions under which C'A'R'E. Center will provide City with medical
evaluation, case review, consultation, professional training, and
other needed services in investigations of child abuse in cases
referred to C'A.R.E. Center by the Police Department of the City Of
Lubbock'
August 24, 1989
Page 689
NOW, THEREFORE, in consideration of the mutual promises herein
contained, the parties hereto agree:
LPD -- Police Department of the City of Lubbock.
City -- The City of Lubbock, Texas.
C.A.R.E. Center -- The Child Advocacy Research and Education Center
of the Texas Tech University Health Sciences
Center School of Medicine Department of
Pediatrics.
Referred Case -- A referred case as used in this contract shall be:
1) A case specifically referered to C.A.R.E.
Center by City in writing with a request for
C.A.R.E. Center services, hereinafter enumerated;
2) A case where C.A.R.E. Center has previously
provided the services, hereinafter enumerated, on
its own behalf or at the request of a third party
and subsequently LPD requests in writing that
C.A.R.E. Center furnish copies, reports or
performs other services, hereinafter enumerated,
and based upon such services initiates a crime
report and assigns said case for investigation
and notifies C.A.R.E. Center of such fact;
3) A case where C.A.R.E. Center has previously
provided the services, hereinafter enumerated, on
its behalf or on behalf of a third party and
subsequently LPD requests in writing that C.A.R.E.
Center furnish copies, reports or performs other
services, hereinafter enumerated, and based upon
such service so provided determines that no crime
report should be created or further investigation
had.
SERVICES PROVIDED
1. The C.A.R.E. Center will provide forensic evaluation for
outpatients which includes medical examination, consultation
with LPD personnel and a written report on referred cases.
2. The C.A.R.E. Center will provide forensic evaluation for
hospital inpatients which includes medical examination,
consultation with LPD personnel and a written report on
referred cases.
3. The C.A.R.E. Center will provide weekly discussion as needed of
current referred child abuse cases by the multi -disciplinary
case review team (MCRT) of which one member is an LPD staff
member at the rate of One Hundred Dollars ($100.00) per hour.
4. The C.A.R.E. Center will provide eight hours of formal training
of LPD personnel in the recognition of child abuse cases, and
in the handling of child abuse investigations for which the
C.A.R.E. Center will be compensated for eight hours of training
and four hours of preparation time at the rate of One Hundred
Dollas ($100.00) per hour.
5. The C.A.R.E. Center will provide such other consultative
services as needed in the investigation of child abuse cases
referred to the C.A.R.E. Center by LPD, including expert
information necessary to support LPD arrests.
August 24, I889
Page 690
COMPENSATION
The City shall pay C.A.R.E. Center $2,900'00 per month, which is
the monthly prorated amount of the estimated $34,800.00 in services
that C.A.R.E Canter will provide City in a year. The estimated
amount of $34,800'00 is based on a projected 55 referred cases per
year plus MCRT and LPD training time. The C.A.R.E. Center will
provide outpatient and inpatient services, including three hours of
medical examinations and one hour of consultation with LPD and the
issuing of a written report at a coot of $400'00 per case (four hours
of services at $lOO'OO per hour)' In the event C-8'R-E' Center
requires more than four hours to properly evaluate a case for
forensic purposes, C.A.R.E. Center shall secure written authorization
from City for compensation for such additional services. To
facilitate this method of payment, C.A.R.E. Center will send City a
detailed statement at the end of each month indicating what services
Were provided and the number of hours spent on each referred case.
The statement from C.A.R.E. Center will be verified with LPD records
and no payment shall be rendered for any case not referred by City'
Notwithstanding anything to the contrary contained in this
contract, the City shall compensate C.A.R.E. Center only for those
cases which are referred cases and only for the services enumerated
in the "Services Provided" clause of this Agreement as requested in
writing by LPD- This Agreement specifically excludes compensation
for such items, but is not limited to such items, as Child abuse
reamearch, prevention, or treatment not needed in forensic
evaluations by City.
If the services provided City by C'8'R'E' Center in any one
month, based on the Dumber of projected referred cases, exceed
t2,900-00, C.A.R.E. Center shall submit to City an itemized statement
justifying an increased amount of payment based on an hourly rate of
One Hundred Dollars ($I00'00) per hour' Payment for the increased
amount will be made in the next monthly payment or as soon thereafter
as possible for City. If the services provided City by C.A.R.E.
Center in any one month do not amount to $2,900'00, the compensation
for the last month of the term of this Agreement will reflect the
decreased amount. ID the event said decreased amount does not repay
City for services not rendered but for which C.A.R.E. Center has been
compensated, C.A.R.E. Center shall reimburse the difference to City.
In no event can the total number of hours for which C.A.R.E.
Center is compensated by City exceed eight hundred (BOO) hours for
the term of this Agreement. The City retains the right to audit the
books of C.A.R.E. Center respecting the within subject matter' The
C.A.R.E. Center will issue to the City a report each four months
which summarizes the services provided and compensation received.
The taMn of this Agreement shall coD0OpDcg on the day Of
, 1989, and shall continue in full force and effect through
the City/s fiscal year, which ends on September 30, 1990, unless
terminated earlier by 60 days/ written notice from either party to
the other' The City will pay for the performance of services from
current revenues available to City. This Agreement may be renewed
annually.
CENTER'S
The C.A.R.E. Center shall hold City free from any liability or
responsibility for the acts and omissions of C.A.R.E. Center and its
authorized agents and employees in the performance of any terms and
conditions of this Agreement, and for services rendered by C.A.R.E.
Center, insofar as allowed by the laws and Constituion of the State
of Texas'
August 24, I989
Page 691
CONFIDENTIALITY
In keeping with the safeguarding by the medical profession of
information about a patient obtained in the course of medical
treatment, the results of all evaluations, consultations and
examinations of cases referred to the C'A-R'E' Center by LPD will be
kept in the strictest of confidence by C'A-R'E' Center and its
employees. Informations about individual child abuse oases will be
released only to designated LPD personnel and in compliance with
Texas Family Code Annotated, G34,02 (Vernon 1986\.
l' This Agreement and all supplements and agreements incidental
thereto shall be construed by and governed by the ordinances of
the City of Lubbock and the laws of the State of Texas.
2' This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective heirs, executors,
administrators, legal representatives, successors and assigns
where permitted by this Agreement.
3' In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal,
or unenforceable in any respect, such invalidity, illegality,
or unenforceab1l1tv shall not affect any other provision
thereof and this Agreement shall be construed as if such
invalid, illegal or unenforceable provision had never been
contained herein.
4' This Agreement constitutes the sole and only agreement of the
parties hereto and supersedes any prior understandings or
written or opal agreements between the parties respecting the
within subject matter'
5. This Agreement shall be changed only by written amendment.
IN WITNESS THEREOF, the parties to these presents have agreed
upon and executed this AGREEMENT FOR SERVICES IN INVESTIGATIONS OF
CHILD ABUSE this 24th day of August, 1989.
CITY OF LUBBOCK, TEXAS (CITY)
8Y:
B. C. McMINN, MAYOR
TEXAS TECH UNIVERSITY HEALTH
SCIENCES CENTER SCHOOL OF
MEDICINE DEPARTMENT OF PEDIATRICS
C'A'R'E' CENTER
BY:
August 24, 1989
Page 692
ATTEST:
TEXAS TECH UNIVERSITY
HEALTH SCIENCES CENTER
for President
Vice -President for Fiscal Affairs
/s/ Michele Gilmour
Associate General Counsel
During the August lO City Council work session,
the Council was presented with a draft contract
for services provided by the C'A-R-E' Center at
Texas Tech University Health Sciences Center to
the Lubbock Police Department.
The following changes to that draft Contract were
Page 2, Definitions, Referred Case. The
definition of referred case was further
refined by the City 8ttVrney/o office in
order to more clearly identify those
situations in which the Lubbock Police
Department would be willing to reimburse
for services provided by the C.8.R'E'
Center- In summary, these three
definitions all require one common
element Which is that the Police
Department will make requests for
services from the C'A'R.E. Center in
writing in every instance.
Page 2,
last line. The word
"referred" was added before the word
xcasesn_
A clause was
added "at the rate of «lOO per hour".
The same phrase
as above was added in this paragraph,
xat the rate of $IOO per hour".
Page 4, first sentence. This sentence
was added to reiterate and ensure that
the City would compensate the C.A.R,E.
Center only For referred cages according
to the definition in the contract and
for enumerated "services provided" which
are also outlined in the contract.
Following are the major provisions of this
Contract:
The City Council, during fiscal year
1989-90 budget work sessions,
tentatively approved payment Of services
to the C.A'R.E. Center in FY I988-90
based on a predicted number of police
referrals to C.8'R'E' totaling 55 cases
at a value of $34"800' Council, in
conjunction with approving FY 1888-90
City Budget added that if additional
August 24, 1988
Page 693
casework is documented, the City will
pay up to a total amount of $80,000 for
C'A'R,E. Center services.
The Contract outlines five services the C'8'R'E'
Center has agreed to provide the Lubbock Police
Department during FY 1989-90.
Outpatient Forensic Evaluation
-
Firot, the C-A'R'E' Center will provide
forensic evaluation for outpatients
referred to C'A'R'E' by the Lubbock
Police Department- The Contract defines
a referred case as oa case specifically
referred to C-A.R.E' Center by City with
a request for C-8'R-E' Center services
''''-, or a case where C-K'R'E. Center
has previously provided the services
....., and LPD subsequently initiates a
crime report and assigns said case for
investigation and notifies C'8'R'E.
Center of such fact."
The reason for the inclusion of the
provision identifying "previously
provided" services is the fact that
there are situations where Children/a
Protective Services refers a cage to
C.A.R-E' in which the police are
ultimately notified' Following
notification, the LPD officer will
investigate and, if warranted, issue a
written request for C-A'R'E- Center
services. This request will be a simple
numbered form that will allow easy case
and cost tracking'
II' Inpatient Forensic Evaluation
This service provides forensic
evaluation of C'A'R'E' Center clients
seen in the hospital' The LPD estimates
that approximately five cases will need
inpatient evaluation during fiscal year
I989-9U'
Originally, the Police Department
estimated a total of 50 cases to be
referred to the C'A'R'E- Center in FY
1989-90' After further discussion with
Dr- Garcia, the Police revised this
number to 55 cases to include an
estimated 5 cases that will actually be
evaluated in the hospital' The Police
Department will pay for only one
evaluation whether it be in or
outpatient on the same client.
Reimbursableexpenses charged by the
C'A'R.E' Center will be the same
regardless of whether the evaluation is
performed on an inpatient or an
outpatient.
III' MCRT Discussion
The C'A-R'E' Center will provide weekly
discussion as needed of currant child
August 24, 1989
Page 894
Case Review Team (MCRT) of which one
member is a Lubbock Police Department
staff member'
The Multi -Disciplinary Case Review Team
consists of physicians, social workers
and a member of the Lubbock Police
Department. This group meets every
Thursday for approximately one hour to
discuss current child abuse cases. The
Police Department has agreed to
compensate C'A'R.E' for the time spent
by the MCRT discussing LPD referred
cases. LPD estimates that in fiscal
year I880-90, approximately 20 hours
will be spent discussing LPD referred
cases by the MCRT.
IV' LPD Training
The C.A.R'E, Center will provide eight
hours of formal training of LPD
personnel in recognition of child abuse
cases, and in the handling of child
abuse investigations. LPD has agreed to
compensate the C.A'R'E- Center for eight
hours of training and four hours of
preparation time for this training. It
is anticipated that two classes
consisting of four hours each will be
held each year. In addition, the police
agreed that the on-the-job training that
juvenile officers will receive will be
equivalent to the benefits gained from a
formal out of town training seminar.
The police agreed to compensate C'8-R'E'
the equivalent coat of such a class
which generally costs about $600.
V. Other Consultative Services
The C.A'R.E' Center will provide such
other consultative services as needed in
the investigation of Child abuse cases
referred to C-8'R.E' by LPD, including
expert information necessary to support
LPD arrests.
Originally, the Police Department had
suggested that the City pay the C,8.R-E'
Center for expert testimony time spent
by Dr. Garcia while on the stand
testifying on behalf of the Police
Department in child abuse cases' After
further investigation and consultation
with the City Att0rngy/s Office, it was
determined that the District Attorney
should be responsible for paying for
actual expert testimony, but that it
would be appropriate for the Police
Department to compensate the C'A'R'E'
Center for any time spent with Lubbock
Police Department officers preparing
supporting information for LPD arrests
prior to any courtroom testimony. The
Police Department had estimated
approximately 20 cases per year at 4.5
hours per Case for expert testimony.
The Police Department still believes
that consultation prior to courtroom
August 24, 1989
Page 695
testimony would be beneficial but, it is
not known how many hours will be spent
for this consultation; therefore, the
original cost provided for expert
testimony has not been changed. The
Police Department will log the hours
spent in courtroom preparation and will
compensate the C.A.R.E. Center
accordingly.
The Contract with the C.A.R.E. Center specifies
that the City will pay the C.A.R.E. Center $2,900
per month which is the monthly pro -rated amount
of the estimated $34,800 in services that the
C.A.R.E. Center will provide the Lubbock Police
Department in FY 1989-90. The total $34,800
figure is based on the services outlined above
including in and outpatient evaluation, Multi -
Disciplinary Case Review Team consultation,
Lubbock Police Department training and pre -
courtroom testimony consultation. These costs
which were detailed in the July 27 Council
meeting, were updated and are listed below.
50 Outpatient Evaluations
4 hours each @ $100 per hour $20,000
5 Inpatient Evaluations
4 hours each @ $100 per hour 2,000
MDCRT Consultation
20 hours per year @ $100 per hour 2,000
Training of LPD Officers
8 hours class time @ $100 per hour 800
4 hours class preparation time
@ $100 per hour 400
6 hours on-the-job training benefits
@ $100 per hour 600
Pre -court testimony consultation
4.5 hours per case, estimated 20
cases per year @ $100 per hour 9,000
In order to provide the C.A.R.E. Center some
continuity in funding, the $2,900 per month
figure was agreed upon, and this amount equals
1/12 of the estimated total of $34,800. To
facilitate this payment, the C.A.R.E. Center will
send the City a monthly detailed statement
indicating what services were provided and the
number of hours spent on each referred case, and
the will be verified and checked against LPD
records. Upon execution of this Contract, the
Police Department will be responsible for keeping
detailed records in all C.A.R.E. Center -related
activities so that this verification can be made
on a monthly basis.
Since the entire C.A.R.E. Center compensation is
based on an estimated number of cases only, it is
possible that during any given month, the
C.A.R.E. Center verifiable services may either
exceed or be less than, $2,900. In the event the
total services provided by the C.A.R.E. Center in
one month are less than $2,900, the final
compensation for the last month of the term of
this agreement will reflect any decreased amount.
August 24, 1989
Page §96
If, however, monthly services provided by the
C'A'R.E. Center exceed $2,900, they will submit
an itemized statement justifying an increased
amount of payment based on an hourly rate of
$100' Payment for the increased amount will be
made, following verification, in the next monthly
payment or as soon thereafter as possible by the
City.
There is also a provision in the Contract that in
the unforeseen event that the C'A-R'E. Center
provides total services less than what could be
reflected in the final monthly payment of the
term of this Contract, the Center would repay the
City for those services not rendered.
This Contract has been reviewed by Dr' Garcia, Of
C'A'R.E. Center" as well as the legal counsel for
Texas Tech University Health Sciences Center and
the City of Lubbock, Both the Police Department
staff and the C.A-R'E. Center staff have agreed
to these terms. Based on the anticipated signing
of this Contract, the LPD Juvenile Section is
already working with the C'A-R'E' Center to
establish necessary forma and information to
verify C.A-R.E' Center services and Costs.
Motion was made by Councilman Carpenter, seconded
by Councilwoman Tre^o to authorize Resolution
#3I89 as recommended by Staff. Motion Carried:
7 Yeas; O Nays'
89-488-698-�25
(24.) Consider Resolution #3190 in support of the Mar
Kilroy Foundation in seeking support of a stron
national drug policy.
RESOLUTION #3190
WHEREAS, chemical dependency, drug trafficking and drug -related
crime have become a national blight; and
WHEREAS, as a consequence of the drug -related tragedy which
occurred earlier this year in Matamoros, Mexico, friends of former
University of Texas student Mark Kilroy have formed a coalition with
other drug abuse opponents to demand an effective federal response to
this pernicious criminal and health problem; and
WHEREAS, in connection with this objective, the coalition's
grass roots organization, entitled Make a Responsible KommitmeDt
(M'A'Q'K.), has adopted a goal of obtaining five million letters in
support of resolute action at the federal level to combat the
nationwide problem of drug trafficking and drug abuse; and
WHEREAS, the 71at Legislature of the State of Texas commended
and endorsed the campaign of M-A.R'N. by adopting House Concurrent
Resolution No. 290 earlier this year; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION l' THAT the City Council of the City of Lubbock hereby
concurs with the Texas Legislature and supports the efforts of
M'A.R-K. which are intended to evoke an effective response by the
Federal Government to the nation's pervasive drug problem.
SECTION 2. THAT the City Council of the City of Lubbock hereby
encourages all Lubbock citizens to assist M.A,R.K, by writing letters
to that organization in support of and urging effective federal
measures to combat the country's drug problem'
August 24, I889
Page 697
Passed by the City Council this 24th day of August, 1989.
B. C. McMINN, MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
/s/ Larry J. Cunningham /s/ Harold Willard
Larry J. Cunningham, City Manager Harold Willard, Assistant
City Attorney
The Mark Kilroy Foundation has sent letters to
mayors and city councils in each city and town in
the United States, encouraging the adoption of
Resolution in support of a strong National Drug
Policy' The resolutions are then to be sent to
William J. Bennett, Director of the National Drug
Control Policy.
This Resolution will be in support of "Make a
Responsible Kommitmentn (M-A-R'K), an
organization which is a subsidiary of the Mark
Kilroy Foundation'
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Maloy to authorize Resolution #3180
as recommended by Staff. Motion carried: 7
Yeas; O Nays.
88-488-697-'526
(26.) BID #10232--Annual paper products (Central
Mayfield Paper Co'--230 Cs. Scott C fold towels;
25 Cs. Wvo-All paper towels; 9 Cs- Dixie cups, 4
oz.; 1I3 Ca' 6 oz' hot drink cup'
Dixon Paper Cu'--lOO Cs' turn towels; I50 Co.
oetfold towels; 50 Cs' 2-ply" jumbo roll toilet
tissue.
ButlerPaper--468 Cs' toilet tissue; 730 bx'
disposable shop towels; 214 Cs' paper towel.
Time Chemical, Inc'--57 Cm' single ply, jumbo
roll toilet tissue.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize low bids
meeting specifications. Motion carried: 7 Yeas;
O Nays.
89-488-697-527
(27.) BID #10289--Annual pricing for water meters
(Central Warehouse).
Precision Meter Co', Ft- Worth --Lot Price - Items
I-lO: 700 5/8 � 3/4 water meter; 700 lo water
' ' ,
meter'" 135 l-l/2n water meter'" I50 2" water
meter; 40 3" ' turbine meter: 40 3" compound meter;
35 4" turbine meter: 35 4" compound meter; 6 6"
August 24, 1888
Page 698
Moore Supply Co.--2 8« turbine meter'
Rockwell Manufacturing, Houston--2 8" compound
meter.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize low bids
meeting specifications. Motion carried: 7 Yeas;
O Nays'
89-48B-698-528
/28'\ BID #10278--Annual pricing for Electric Utility
6-olts (Central Warehouse).
Temple, Inc'--400 1/2 x 10 machine bolt; 1,000
5/8 K 14 machine bolt; 500 5/8 x 15 machine bolt;
350 5/8 x 18 machine bolt; 550 5/8 X IO O
eyebolt; 450 5/8 x 12 U eyebolt; 500 3/4 x lG
machine bul�^-" SOU 3/4 X 18 machine bolt: 500 3/4
u 22 DA bolts w/nut' ^ 500 5'8 x 26 DA bolt '
w/nuts; 1,000 5/811 eyeDUt; 350 3/4 spring washer.
Techlinemarillo--I,400 I/2 X 4 1/2 lag
, Inc.,� ' '
screw; 7OO 3/4 MF lockDUtm.
, '�
Gravbar Electric CO', Amarillo--I,400 5/8 x 12
machine bolt^, 250 5/8 x 18 DA bolts; 750 5/8 x 20
DA bolt; 8,000 5'_/A '
MF |VckDUt; 8,000 2-I/4 square
washer; 600 5/8 spring washer.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize low bids
meeting specifications- Motion carried: 7 Yeas;
O Nays'
89-488-898-�29
(29') ^BID #10294--Luminaires (Central Warehouse).
Southwestern Electric Supply--20 Bracket for
Luminaire.
Westinghouse Electric 3upply--120 4-way Optical
Assembly; 20 150 Watt HPS Walli8hter; 480 vL'; 2
150 Watt HP3 Wallighter; 240 vt.
Cummins Supply, Amarillo--25 250 Watt HPS
WalliQhter; 20 Luminaire with Bracket;
Floodlight.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize low bids
meeting specifications. Motion carried: 7 Yeas;
O Nays'
89-48B-898-530
(3O.) BID #10295--Electric wire (Central Warehouse).
Nelson Electric Co---IO,DOO ft. 350 MCM Cable in
Pipm-
Techline, Inc., A0arillu--10,000 ft. #I2-2 UF
Cable.
Temple, Inc'--5,000 ft. #G Triplex Service Drop;
500 lbn' #G MHD Bare Copper; 250 lbs, #4 MHD Bare
Copper; 8,000 ft. #l/O Ouadraplex Service Drop;
20,000 ft. 4/0 15KV Single Conductor'
August 24, 1989
Page 699
Westinghouse Electric Supply--1,000 ft. #12 THHN
Solid Copper, white; 1,000 ft. #12 THHN Solid
Copper, black; 1,000 ft. #12 THHN Solid Copper,
blue; 2,000 ft. #2 Standard Copper; 3,000 ft. 500
MCM, 600 vol.; 500 ft. #12 THHN Solid Copper,
yellow; 500 ft. #12 THHN Solid Copper, green.
Fields & Company--1,000 ft. #14-3 Type SJ Cord.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to authorize low bids
meeting specifications. Motion carried: 7 Yeas;
0 Nays.
( 9.) ORDINANCE #9307--Zone Case #2633 (7510 19th
Street) --Hold a Public Hearing to consider
request of Ric Akard for zoning change from R-1
to C-4 on the East 132' of Tract 2, W. W.
Furgeson Subdivision.
ORDINANCE #9307
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2633; A ZONING CHANGE FROM R-1 TO C-4 ZONING ON THE
EAST 132' OF TRACT 2, W. W. FURGESON SUBDIVISION, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
Ric Ackard appeared to present this request for
zone change to allow used car sales at this
k location. The non -conforming use was an
electrical contractor's shop and the car dealer
tenant was notified by Codes Administration that
used car sales would have to be made legal by
zone or ZBA request.
No one appeared in opposition to this request.
Mayor McMinn closed the Public Hearing at 10:30
a.m.
Assistant City Manager Jim Bertram gave the
adjacent land use relationships as follows:
North - Vacant
South - Mixed homes and business
East - Vacant
West - Apartments
During the July Planning and Zoning Commission
meeting, discussion regarding a consistent policy
for C-4 requests on West 19th Street resulted in
the request being continued to this agenda.
According to Mr. Bertram, the proponents
indicated a willingness to work with the P&Z
Commission toward a workable solution.
During the August Plats Committee meeting, the
Planning and Zoning Commission considered a work
session item for development of a policy and the
results of that discussion were that the P&Z
Commission will direct a letter to the City
Council requesting a consensus for the
possibility of development of two new zone
districts for land adjacent to major entryways.
August 24, 1988'
Page 700
Although a majority of West I9th Street is zoned
R-I and the other entryways and the bulk of the
east and north Loop 289 are zoned C-4, M-1 and M-
2, the same challenge exists in Lubbock 2005 and
Comprehensive Land Use Plan goals for upgrading
appearance. Use of the Interstate Districts is
perceived as being more strict than would new
districts for entryways'
Council consensus was required on whether the
Planning and Zoning Commission should develop the
new districts and file zone cases on the major
entryways. Until the vast amount of C-4, M-1 and
M-2 in place on those entryways is actually
rezoned, all the goals and objectives pronouncing
enhanced visual quality will have no effect'
The request is consistent with the Comprehensive
Land Use Plan in the 7500 block of I9th Street
and is also consistent with zoning policy for C-
4 since 18th Street is a regional highway. The
proponent agreed with one exception for a list of
uses to be excluded as permitted at this Site
(numbers are Code C-4 reference):
(Il) Billboards
(18) Commercial private clubs and teenage
clubs
(20) Dance hall (no mixed alcoholic beverage
sales permitted)
(22) Feed store with no grinding, packaging
or mixing of feed permitted
(24) Furniture store, used (All merchandise
must be in a building)
(25) Game room, pool, billiard and/or domino
parlor
(31) Hot tamale plant
(39) Mobile home sales
(43) Nightclub, bar or lounge
(46) Portable building sales (fully
constructed)
(51) Rental store, heavy equipment and
trailers only
(58) Secondhand goods store or pawnshop
(59) Store Fixture Sales (no manufacturing
permitted)
(OO) Swimming pool, commercial or sales
(Business permitted outside building)
The Commission agreed with the proponent/o
request to allow #24 - Furniture store, used.
Staffrecommended two additional conditions as
follow:
|
� I' Any proposed parking area at the
existing site shall comply with Code
�
paving standards'
|
August 24: 1989
Page 701
2' At any future date, any new development
or redevelopment outside the existing
building "footprint" shall be subject
to a site plan, including building
elevations showing materials, color and
texture shall be submitted and approved
by the Planning and Zoning Commission
prior to the issuance of a Building
Permit for any new or redevelopment of
the property.
The permitted Usgo that remain shall be:
(l) Unconditional C-3 uses
(2) Agriculture implement and tractor sales
and service (totally within a building)
(3) Ambulance service
/4\ Automobile body shops, outside storage
limited to customer vehicles only
(5) Automobile brake shop
(6) Automobile glass shop
(7) Automobile seat cover and upholstery
shop
(8) Automobile transmission shop
/9\ Automobile and recreation vehicles
sales and service (may include body and
paint shop, as accessory use)
(IO) Barber and beauty shop supply dealer
(I2) Boat and boat trailer sales and service
(13) Builders supply. All materials must be
in a building
(14) Bus station
(I5) Cafe supply dealer, fixtures
/lh\ Candy plant
(I7) Canvas Quud shop, tents and awnings (no
manufacturing)
(19) Dairy supply dealer
(21) Electrical equipment repairs
(23) Frozen food lockers
(24) Furniture store, used (All merchandise
must be in a building)
(26) Garage, public, repair (Outside
storage of customer automobiles
authorized) All work and separate
parts shall be inside a building
(26a) Garden center
August 24, 1989
Page 702
(27) Gasoline service station (Business
permitted outside of building and
outside displays of products permitted
within three /3\ feet of the building)
(28) Gulf driving range (Business permitted
outside of building)
(29) Greenhouse and plant nursery
(30) Hotel or motel
(32) Janitorial or cleaning service
(33) Job printing and lithographing
(34) Laboratory, chemical, general analysis
(35) Laundry, commercial
(36) Linen and towel supply service
(37) Lumber yard, with DO mill. All
materials must be in a building
(38) Magazine agency
(40) Monument sales (Outside display
permitted)
(41) Motorcycle shop, including sales,
rentals and service
(42) Muffler shop
(44) Nonprofit training centers with retail
sales
(45) Pest control service
(47) Print shop
(48) Produce market
/49\ Public kennel (totally within a
building)
(50) Rental store
(53) Restaurants (Business permitted
outside of building)
(54) Restaurants, with the sale of alcoholic
beverages as an incidental use, except
that no mixed alcoholic beverage sales
shall be made or delivered to occupants
in motor vehicles
(55) Road machinery sales and service
(totally within a building)
/57\ Secondhand or used car sales lot, not
including wrecking and repairing, but
including minor tuning
(58) Sign shops, limited to window
lettering, painted wall signs, banners
and desk signs
August 24, I989
Page 703
(bl) Trailer and truck males, rental or
service
(62) Trailer and truck rental utility
(63) Upholstery shop - Furniture
(64) Veterinary hospital (totally within a
building)
(65) Wholesale house, sales office and
storage - NO cotton storage
The Planning and Zoning Commission recommended
approval of this request, subject to the
following conditions:
A. That any proposed parking area on the
existing site must comply with paving
requ1rements-
B' That a site plan, including building
elevations showing materials, color and
texture shall be submitted and approved
by the Planning and Zoning Commission
prior to the issuance of a Building
Permit for any new or redevelopment of
the property.
C. That all unconditional C-3 permitted
uses are allowed'
D. That all unconditional C-4 uses are
allowed except for the following:
l' Billboards (subject to the
provisions of Section 23[29-26])
2' Commercial private clubs and
teenage clubs
3- Dance hall (no mined alcoholic
beverage sales permitted)
4- Feed store with no grinding,
packaging or mixing of feed
permitted
5. Gamoroom, pool, billiard and/or
domino parlor
6' Hot tamale plant
7. Mobile home sales
8' Nightclub, bar or lounge
9' Portable building sales (fully
constructed)
IO' Rental store, heavy equipment and
trailers only
11' Secondhand goods store or
pawnshop
12. Store fixture sales (Do
August 24, 1989
Page 704
89-48B-704-52
(10.)
13. Swimming pool, commercial or
sales (business permitted outside
building)
Staff recommended approval.
Motion was made by Mayor Pro Tem Baker, seconded
by Councilman Patterson to pass on first reading
Ordinance #9307, with Conditions A-D above, as
recommended by P&Z and Staff. Motion carried: 7
Yeas; 0 Nays.
ORDINANCE #9308--Zone Case #1893-M (West of
Frankford Avenue from 2nd Street to Bates
Street) --Hold a Public Hearing to consider
request of David Goyette (for Texas Commerce
Bank) for zoning change from A-1 to A-2 Specific
Use (for a board and care facility for the
elderly) on a tract out of Section 2,Block J-S.
ORDINANCE #9308
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 1893-M; A ZONING CHANGE FROM A-1 TO A-2 SPECIFIC USE
PERMIT FOR A BOARD AND CARE FACILITY FOR THE ELDERLY ON A TRACT OUT
OF SECTION 2, BLOCK J-S, LUBBOCK, TEXAS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
David Goyette appeared on behalf of Texas
Commerce Bank to present this request for zone
change to allow a board and care facility for
elderly persons in the form of either
efficiencies or apartments using common areas for
dining and social activities. The A-2 Specific
Use permit will allow accessory uses such as
barber/beauty shops for the convenience of the
residents. The proponent stressed that the
facility has a monthly rent basis and does not
have a medical staff, and the service provided
does not include convalescence care. The
existing zoning is open A-1.
No one appeared in opposition to this request.
Mayor McMinn closed the public hearing at 10:34
a.m.
Assistant City Manager Jim Bertram gave the
adjacent land use relationships as follows:
North - A-1 for patio homes
South - A-1, developed as townhomes
East - Single family east of Frankford
West - Undeveloped A-1 and golf course
According to Staff comments, this request, as a
form of residential use, is in conformance with
the Comprehen-sive Land Use Plan. This tract is
zoned open A-1, and the area immediately south is
also zoned A-1 but has been developed with
townhomes or duplexes. The townhome development
may have misled several neighbors who opposed the
rezoning, since they look more like single-
family. The property as currently zoned could be
developed with apartments at 50% coverage.
August 24, 1989
Page 705
In contrast to the 104 units proposed on the
400,750 square foot (9,2 acres) parcel,
approximately 200 apartment units one thousand
square feet in size could be built' The "older"
persons facility represents one unit per 3,853
square feet, which is 77% of the single family
density of I/6000'
Mr- Bertram said that the project should have
little effect on traffic in the area.
The Site Plan contains two items of note which
the Planning and Zoning Commission discussed:
I' IO2 parking spaces - if apartment
ratios are applied, I04 spaces would be
required. If the convalescence home
ratio is applied, then 48 would be
required' The IO2 should be more than
sufficient.
2' The Site Plan specifically notes no
sidewalks along Genoa.
The recommendation by staff that
sidewalks be required since there are
no innovative planning principles
involved within the project that would
invoke the ability of the Planning and
Zoning Commission to waive sidewalks in
standard locations stimulated a long
discussion- Several spoke to the fact
that there are times when walks may not
be needed, and one member voiced the
opinion that sidewalks are dangerous
and should not be required' The P&Z
Commission also felt that the review
granted within the Street and Sidewalk
Ordinance might need to be removed, and
allow all sidewalk considerations go to
the Building Board of Appeals' Staff
contention that sidewalks would serve
the area, particularly adjacent to a
facility catering to senior citizens,
was not accepted'
Staff recommended that the City Council uphold
the Planning and Zoning Commission.
Motionwas made by Councilman Phillips, seconded
by Councilwoman Tre'o to pass on first reading
Ordinance #9308 as recommended by P&Z and Staff.
Motion carried: 7 Yeas; O Nays.
89-48B-705-533
Frankford Avenue and 24th Street) --Hold a Public
�lI'�ORDINANCE #9309--Zone Case #2636 (East of
Hearing to consider request of Gary Hughes for
zoning change from A-2 to C-2 Specific Use (for a
commercial athletic field to allow batting cages)
on a tract out of Section 5, Block E-2.
ORDINANCE #9309
August 24, 1989
Page 706
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2636; A ZONING CHANGE FROM A-2 TO C-2 SPECIFIC USE
PERMIT FOR A COMMERCIAL ATHLETIC FIELD TO ALLOW BATTING CAGES ON A
TRACT OUT OF SECTION 5, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
Gary Hughes appeared to present this request for
zone change and stated that previously they had
requested approval of a batting cage under a
Specific Use Permit on 29th Drive. Because of
drainage facility expense on that site, the
proponents have relocated their proposal to this
property which will be leased from Lubbock
Christian University.
No one appeared in opposition to this request.
Mayor McMinn closed the hearing at 10:37 a.m.
Assistant City Manager Jim Bertram gave the
adjacent land use relationships as follows:
North - Vacant, LCU
South - Little league fields, LCU
East - Vacant, LCU
West - Single and multi -family
residential
The requirement for Specific Use comes from the
outdoor nature of the batting cages. The entire
ownership of Lubbock Christian University is
noted as "public use" on the Comprehensive Land
Use Plan. Additionally, the recreation/outdoor
nature of batting cages removes the zone change
request from traditional commercial policy
discussion under the Plan. The land will remain
a portion of the Lubbock Christian ownership.
The reason for Specific Use Permit hearings is to
determine compatibility of the proposed use with
existing adjacent uses. No opposition was
expressed at the P&Z public hearing.
The request should have little effect on traffic.
Since the Zoning code has no parking ratio for
batting cages, there are no concerns with the
proposal of two spaces each for seven cages plus
one for an employee. Several little league ball
fields exist immediately south of the proposed
site.
Staff recommended approval.
Motion was made by Councilman Carpenter, seconded
by Councilman Patterson to pass on first reading
Ordinance #9309 as recommended by P&Z and Staff.
Motion carried: 7 Yeas; 0 Nays.
(25.) Hold an Executive Session to discuss pending
litigation (Codes Administration).
(25-A) Hold an Executive Session to discuss land
acquisition (Streets Department).
August 24, 1989
Page 707
(3I') Hold an Executive Session on personnel matters to
discuss appointments to:
1990 Complete Count Committee
Community Services Commission
Housing Standards Commission
89-488-707'534
/32.\ Consider one appointment to the 1990 CompleteCount Committee to fill the position of Kenneth
May -
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to appoint Jay Harris to
replace Kenneth May on the I990 Complete Count
Committee. Motion carried: 6 Yeas: O Nays --
Councilwoman Tre^0 absent from the Chambers'
'
89-488-707-535
/33'\ Consider eight appointments to the Community
_ Services Commission. The terms of Jim __ __
will expire August 31, 1989, and one neighborhood
position remains vacant.
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to hold appointments to
the Community Services Commission until the next
Council meeting. Motion carried: 6 Yeas; 0
Nays --Councilwoman Tr 'o absent from the
Chambers.
89-488-7O7-53�0
(34') Consider one appointment to the Housing Standards
McLean. Mr. .
s term was to expire on
Motion was made by Councilman Phillips, seconded
by Councilman Patterson to hold appointment to
the Housing Standards Commission until the next
Council meeting. Motion carried: O Yeas; O
Nays --Councilwoman Tre'o absent from Chambers.
August 24, I989
Page 708
Thera being no further business to come before Council, motion was
made by Councilman Patterson, seconded by Councilman Phillips to
adjourn the meeting at 11:53 a.m. Motion carried: G Yeas; O Nays. --
Councilwoman Tre'o absent from Chambers,
�Rane 'e Boy�dCi�tySe�ctary
READ AND APPROVED THIS 14th DAY OF SEPTEMBER, 1989.
McMINN, MAYOR
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