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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. 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