Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 8/28/1986M, REGULAR CITY COUNCIL MEETING MINUTES AUGUST 28, 1986 The City Council of the City of Lubbock, Texas met in regular session on the 28th day of August, 1986 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 9:00 a.m. Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilman Gary Phillips, Councilwoman Maggie Trejo, Councilman Bob Nash, Councilman George Carpenter, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 9:00 a.m. 86-45A-384-570 ( 1.) 86-45A-384-571 ( 2.) 86-45A-384-572 ( 3.) 86-45A-384-573 ( 4.) 86-45A-384-574 ( 5.) The Invocation was given by J. Robert Massengale, Assistant City Manager. The Pledge of Allegiance was given in unison by those in the Council Chambers. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to approve the Minutes of the August 14, 1986 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays Jack Strong, Chairman of the Charter Stu recommendations of his committee. This item was deleted. Committee to Del Llano ce Committee, will cado will appear on behalf of the Fiestas Del quest a Loudspeaker Permit in conjunction wit ration. Llano the Fiestas Ms. Mercado appeared to request a Loudspeaker Permit in conjunction with the annual Fiestas Del Llano celebration to be held in the southwest parking lot of the Lubbock Memorial Civic Center on Saturday, September 13, 1986, from 11:00 a.m. to 12:00 midnight; Sunday, September 14, from 11:00 a.m. until 12:00 midnight; Monday, September 15, from 5:00 p.m. until 12:00 midnight; and Tuesday, September 16, from 5:00 p.m. until 12:00 midnight. Ms. Mercado stated that among activities planned during the four -day festival are performances by various musical groups, dancers, singers and several speakers. The area around the Civic Center has business and professional offices, hotels, and the West Texas Hospital. Staff stated that Council approval was required because the time of the activities exceeds that period which would allow the matter to be handled administratively. The other requirements of proper zoning and a signed petition have otherwise been met and staff recommended approval of this request. Motion was made by Councilman Patterson, seconded by Councilman Nash to approve issuance of a Loudspeaker Permit to be issued to the Fiestas Del Llano Committee as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-384-575 ( 6.) Kristina Richburg will appear on behalf of Highgate Apartments to request a Loudspeaker Permit in conjunction with an outside oartv. Ms. Richburg appeared to request a Loudspeaker Permit in conjunction with Highgate Apartments Annual Outdoor Party which will be held from 8:00 p.m. to 12:00 midnight on September 6, 1986. The location of the event will be at 5610 4th Street in the center of the property and all loudspeakers will face south towards the Treasure Island Golf Course. The activities will include a parking lot dance and food and beverage service. The Health Department and the Texas Alcoholic Beverage Commission have been contacted and have indicated approval. In the area there is ample off-street parking and the event is specifically for the residents of the apartment complex. No residences located in the direction where the loudspeakers will face with the nearest residences to the north of the proposed location. Through the petition process, they have been notified. Staff requested Council approval in this request due to the location and 386 August 28, 1986 N IIIIG NI MIIG .VGIIV. NG1-1 -IG MM1111111 J VI N V 1 U G I GMN 1 I G 111GIIGJ IINVG NGG11 IIIG N, Staff recommended approval of this request. Motion was made by Councilman Nash, seconded by Councilwoman Trejo to approve issuance of a Loudspeaker Permit to Kristina Richburg on behalf of Highgate Apartments as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-385-576 ( 7.) ORDINANCE #8952 establishing s I-27 and Quirt Avenue. ORDINANCE #8952 ORDINANCE NO. 8952 treet between AN ORDINANCE TO AUTHORIZE THE ALTERING AND CHANGING OF THE PRIMA FACIE SPEED LIMIT FOR ALL VEHICLES ON THE FOLLOWING STREET IN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO -WIT: A PORTION OF KENT STREET AS HEREINAFTER DESCRIBED IN THE BODY OF THIS ORDINANCE; AUTHORIZING THE PLACING OF SPPED LIMIT SIGNS, PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT STREETS OR HIGHWAYS NOT SPECIFICALLY SET FORTH HEREIN SHALL NOT BE AFFECTED BY THE PROVISIONS HEREOF AND THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PRIMA FACIE SPEED LIMIT ORDINANCES EXCEPT THOSE WITH WHICH IT SPECIFICALLY CONFLICTS; AND PROVIDING A SAVINGS CLAUSE. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to pass on second and final reading Ordinance #8952 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-385-577 ( 8.) ORDINANCE #8953 establishing speed limit of 20 mph on all any City park. ORDINANCE #8953 ORDINANCE NO. 8953 )ark roads within AN ORDINANCE AMENDING THE LUBBOCK CITY CODE TO ADD A NEW SUBSECTION 19-1(8) SO AS TO MAKE IT UNLAWFUL TO OPERATE OR DRIVE ANY VEHICLE WITHIN ANY CITY PARK AT A SPEED GREATER THAN TWENTY (20) MILES PER HOUR UPON ANY PARK ROAD; PRESCRIBING A PENALTY; PROVIDING FOR PUBLICATION HEREOF; SETTING FORTH AN EFFECTIVE DATE OF THIS ORDINANCE; AND AUTHORIZING THE PLACING OF SPEED LIMIT SIGNS. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to pass on second and final reading Ordinance #8953 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-385-578 ( 9.) ORDINANCE #8940 abandoning and closing a portion of 56th Street between Frankford Avenue and West Loop 289. ORDINANCE #8940 ORDINANCE NO. 8940 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 56TH STREET IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONING AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to pass on second and final reading Ordinance #8940 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-385-579 (10.) ORDINANCE #8951 abandoning and closing three portions of Electric Line Easements located in Section 15, Block A. ORDINANCE #8951 August 28, 1986 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ELECTRIC LINE EASEMENT LOCATED IN SECTION 15, BLOCK A TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 86-45A-386-580 (11.) See Quit Claim in files Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to pass on second and final reading Ordinance #8951 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider Resolution #2407 Deed in favor of the Texas Transportation. RESOLUTION #2407 artment o BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: to execute a Quit Claim rs and Public 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 Quit Claim Deed in favor of the Texas Department of Highways and Public Transportation, 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 28th day of August, 1986. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to authorize Resolution #2407 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-386-581 (12.) Ordinance #8955 amend reaardina the Board o Chapter 2, Article XVI of the Code of Ordir ORDINANCE NO. 8955 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE XVI OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY SPECIFICALLY AMENDING SECTION 2-412, SECTION 1, SUBSECTIONS (f), (g), (h), AND REPEALING SUBSECTION (i) OF SAID CHAPTER; PROVIDING FOR STAFF PERSONNEL FOR THE BOARD OF CITY DEVELOPMENT AND BY ADDING A NEW SECTION NUMBERED AS SECTION 2-423 OF SAID CHAPTER, WHICH SECTION ESTABLISHES RELATIONS BETWEEN THE BOARD OF CITY DEVELOPMENT AND ADMINISTRATIVE DEPARTMENTS OF THE CITY AND PROVIDING A SAVINGS CLAUSE. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to pass on second and final reading Ordinance #8955 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-386-582 (13.) ORDINANCE #8956 approving Budget for Fiscal Year 1986-87. 387 August 28, 1986 11;r r :• M. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 1986-87; APPROVING REVISED BUDGET FIGURES FOR THE FISCAL 1985-86; PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; AND APPROPRIATING FUNDS FOR THE 1986-87 FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to pass on second and final reading Ordinance #8956 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-387-583 (14.) ORDINANCE #8957 establishing the 1986-87 Tax Rate. ORDINANCE #8957 ORDINANCE NO. 8957 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1986 APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN WHICH SAID TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to pass on second and final reading Ordinance #8957 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-387-584 (21.) Consider Resolution #2408 accepting paving improvements constructed_ Commercial Concrete in Myrtle Reid Addition, Tract A and Lots 1-8. RESOLUTION #2408 RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF AN ALLEY AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Myrtie Reid Addition Tract "A" and Lots 1 through 8 made arrangements with Commercial Concrete for the construction of paving improvements on a portion of an alley dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Myrtie Reid Addition Tract "A" and Lots 1 through 8 including the following alley: Alley returns on 74th Place and 76th Street west of University Avenue; known and designated as new subdivision sub -unit No. 84 of Unit No. 2030, and WHEREAS, the construction of the above improvements on the above -mentioned alley 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 1331; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned alley 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 28th day of August, 1986. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Larry V. Hoffman Larry V. Hoffman, City Engineer /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney August 28, 1936 Motion was made by Councilwoman Trejo, seconded by Councilman Carpenter to authorize Resolution #2408 as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-388-585 (22.) Consider Resolution #2409 accepting paving improvements constructed by Commercial Concrete in Myrtle Reid Addition, Lots 9-16. RESOLUTION #2409 RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF AN ALLEY AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Myrtie Reid Addition Lots 9 thru 16 made arrangements with Commercial Concrete for the construction of paving improvements on a portion of an alley dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Myrtie Reid Addition Lots 9 thru 16 including the following alley: Alley returns on 76th Street and 78th Street west of University Avenue; known and designated as new subdivision sub -unit No. 39 of Unit No. 2031, and WHEREAS, the construction of the above improvements on the above -mentioned alley 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 1331; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned alley 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 28th day of August, 1986. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, City Engineer /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney Motion was made by Councilman Patterson, seconded by Councilman Phillips authorizing Resolution #2409 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-388-586 (23.) Consider Ordinance #8958 annexing an eight -acre tract adjacent to East 19th Street and Olive Avenue. The request is from McLane Industries. ORDINANCE #8958 AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, TEXAS, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR INCLUSION OF A SERVICE PLAN; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. This is the Ordinance regarding the McLane annexation. The Public Hearing was held on August 14, 1986. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to pass on first reading Ordinance #8958. Motion carried: 7 Yeas; 0 Nays. 389 August 28, 1986 86-45A-389-587 (24.) Consider Ordinance located in Block 1 ORDINANCE #8959 T� .. ORDINANCE NO. 8959 d closing a portion of a 15' alle dition. AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 15-FOOT ALLEY LOCATED IN BLOCK 111, ORIGINAL TOWN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Request is made by W. D. Teague for this alley closure which is located between loth Street and Main Street just west of Avenue A. A preliminary plat was filed and the $150 application fee was funded. The alley to be closed (1,765.65') is 15' x 117.71'. The cost to the landowners for the land will be 1,765.65' x 0.30' or $529. The utility companies are in agreement with relocation at the expense of the proponent. The plat will be reviewed by Planning and Zoning on the next scheduled meeting. There was no opposition to this closure. Motion was made by Councilman Nash, seconded by Councilwoman Trejo to pass on first reading Ordinance #8959 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-389-588 (25.) Consider Ordinance abandoning and closing a por �w,;vcrc;+v ha+waan U nd and 54th Streets. This item was deleted. 86-45A-389-589 (26.) Consider Resolution #2410 authorizing the See Agreement in Files Use Agreement for portions of I-27. RESOLUTION #2410 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1 of the access road to to execute a Utility Joint - 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 Utility Joint Use Agreement with the Texas Department of Highways and Public Transportation for joint usage of a portion of the I-27 right-of-way for both highway and utility purposes, 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 28th day of August, 1986. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This Agreement is between the City of Lubbock and the Texas Department of Highways and Public Transportation. Its purpose is to relocate all City utilities within the new I-27 Right -of -Way. The normal procedure (when a utility is to cross or go along the highway right-of-way) is to forward a ramiac+ to the Hiahwav Department for approval, but with this Agreement AUgoSt 28, 1986 390 utilities can be installed in I-27 Right -of -Wax without further Utility Crossing Permits. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #24I0 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-390-590 (27') Consider Resolution #2411 authorizi See Dedication deed dedicating additional right -of Deed in Files RESOLUTION #2411 RESOLUTION the Mayor to execute a dedication v on East 50th Street. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Dedication Deed, 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 28th day of August, 1986. MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This Resolution authorizes the Mayor to execute a Dedication Deed for an additional 10/ to 50th Street Right -of -Way. The additional land is from the City property out of Section 1, Block B and is being used as part of the Sewer Farm- The other owners agreed to dedicate. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker authorizing Resolution #241I as recommended by Staff. Motion carried: 7 Yeas; U Nays' 86-45A-380-581 (28') Consider Resolution #2412 authorizing the Mayor to execute a Quit Claim See Quit Claim Deed in favor of T.C. McLain and T.O. Wilkins. in Files RESOLUTION #2412 391 August 28^ 1886 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quitclaim Deed in favor of T. C. McLain ` and T. O' Wilkins, of Lubbock, Texas, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail' Passed by the City Council this 28th day of August, I985- R ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Tom Nivens, Right -of -Way Agent /s/ Harold Willard Harold Willard, Assistant City Attorney ID 1983, the City of Lubbock started negotiating with T.C. McLain and T.O. Wilkins, joint owners of the property located in Section 4, Block D (northwest of Mackenzie State Park), for a Utility Easement. At the same time, they were advised the City intended to purchase their jointly -owned tract of land for park purposes and were told the City could not appraise until the Highway Department gave permission to start the process. They were hesitant about considering granting the Utility Easement - lest the Easement affect the appraised value of the property. Negotiations continued into 1984 and the Right -of -Wax Department was then given permission to start the acquisition process' The appraisal was made by Bill Noble, M.A.I. Preliminary talks were started with the proponents for the purchase of the land. The Highway Department called off the process, saying they had to begin again' By this time, they had a copy of the proposed Deed to sell and the Easement to grant a Utility Easement. On August 20, 1885, T.O. Wilkins called and advised they were willing to grant a Utility Easement. Both parties signed a document and the Right -of -Way Agent notarized and filed it in the Deed of Records at the Court House. Only when it was returned did the Right -of -Way Agent notice it was a Deed. The deed was held by the Right -of -Way section, thinking they could work out of the mistake in the process of purchasing the land' In July 1980, the Right -of -Way Department had the appraisal updated, applied to the Council for an approved Value and proceeded to negotiate for the land. When they were advised of the mistake" they stopped all negotiations until the mistake was corrected. This action of Council was for a Quit Claim Deed favoring Mr- Wilkins and Mr. McLain and returning the property to their custody. Staff recommended approval of this so they can resume the negotiations on this property. Motion was made by Councilman Nash, seconded by Councilman Patterson to � Staff. Motion carried: 7 authorize Resolution #2412 as recommended� � - on C�pr e : Yeas; O Nays. 88-45A-391-592 (20.) Consider Resolution #2413 authorizing the Mayor to execute a Funding Aareement and Quit Claim Deed with the Day Care Association of Lubbock. See Funding Agreement and Quit Claim in files RESOLUTION #2413 August ?A, 1980 392 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 Funding Agreement and Quitclaim Deed by and between the City of Lubbock and Day Care Association of Lubbock for funding and ownership of Day Cara Centers Nos- I, 2 and 4, 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 28th day of August, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree, Community Development Administrator APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney In light of the ongoing questions concerning the responsibilities of the operating expenses, Staff recommended that ownership of five facilities acquired and/or renovated with COAG funds be transferred to the current operating agencies. The Funding Agreement stipulates that the Agency must continue to operate and maintain the Day Care Centers as they are currently for a five-year period and if the Agency vacates the structure or changes the use of the structure before the end of five years, the Agency shall pay the fair market value of the structure or convey the structure back to the City. This clause assists in the Citx/s compliance with the CO8G regulations and the State statute by insuring adequate consideration is received by the City in the form of services. The Quit Claim Deed transfers all rights, title and interest in the properties known as Day Care Center #1, Day Care Canter #2, and Day Care Center #4 to the Day Care Association of Lubbock' Thane properties are located at IDI Avenue K, 2714 Erskine, and 130I Vanda, respectively. The Agreements were considered and approved by the Board of Directors of the Day Care Association. The Agreements for the Well Baby Clinic and the Neighborhood House will be presented in September. Motion was made by Councilman Patterson, seconded by Councilwoman Tr 'o authorizing Resolution #2413 as recommended by Staff' Motion carried: 7 Yeas; 0 Nays. 85-45A-382-593 /30'\ Consider Resolution #2414 authorizing the Mayor to subm �38e Amendment the City of Lubbock's 1986-87 Community Developmen in Files RESOLUTION #2414 n Amendment to 393 August 28, 1986 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute and submit for and on behalf of the City of Lubbock the amended Community Development Block Grant Application of 1986-87 for the year 1986 and related documents, attached herewith, which Application 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 28th day of August, 1986. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree, Community Development Administrator APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney The City has been notified by HUD that the 1986-87 CDBG entitlement will be increased by $386,000 and this additional allocation will increase the twelfth year CDBG program from $1,876,000 to $2,262,000. Staff advised that the most expedient manner to allocate the funds and meet the federal citizen participation guidelines is to allocate the funds to projects included in the Proposed Statement of Objectives published February 17, 1986. Following the allocation of the Amendment, a Notice will be published which identifies the uses of the Amendment funds. The following is a summary of the proposed uses of the Amendment funds. A complete description of the proposed uses is attached. Lake #6 Road $141,700 Parks --Area Lighting 38,000 Berry Park Improvements 10,323 Code Enforcement 138,977 Residential Rehabilitation 50,000 Community Development Admin. 7,000 $386,000 Motion was made by Councilman Carpenter, seconded by Councilwoman Trejo to authorize Resolution #2414 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-393-594 (31.) Consider Ordinance #8960 establishing a speed limit of 30 mph on 15th Street between Avenue Q and University Avenue ORDINANCE #8960 ORDINANCE NO. 8960 AN ORDINANCE CANCELLING THE 35 M.P.H. SPEED ZONE ON BOTH SIDES OF 15TH STREET FROM AVENUE Q TO UNIVERSITY AVENUE AND REPLACING SAME WITH A PRIMA FACIE SPEED LIMIT FOR AN URBAN DISTRICT; PRESCRIBING A PENALTY; PROVIDING FOR REPEAL IN CASE OF CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF OTHER SPEED ZONE ORDINANCES; AUTHORIZING PLACEMENT OF SIGNS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION HEREOF AS PROVIDED BY LAW. Since the removal of the one-way designation on this street several years ago, the character of this street has changed, and with the recent request to permit parking along both sides of the street which is 36' wide, it is desirable to reduce the speed limit from 35 mph to 30 mph. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on first reading Ordinance #8960 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. August 28, 1986 304 86-45A-394-595 (32.) Supplement Agreement No. 2 in Files Consider Resolution #2415 authorizing the Mayor to execute Supplement Agreement #2 to Lease No. DTFA07-83-L-01011 Runway End Identifier Lig System for Runway 08, Lubbock International Airport. RESOLUTION #2415 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 Supplemental Agreement No, 2, Lease No. DTFA07-83-L-0I011 by and between City of Lubbock and the Federal Aviation Administration, for a Runway End Identifier Light (REIL) System, Runway 08° 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 28th day of August, 1986. MAYOR B.C. McMINN, ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Marvin Coffee Marvin Coffee, Director of Aviation APPROVED AS TO FORM: /s/ Michele Hart Michele Hart, Assistant City Attorney On April 24, 1986, Lubbock City Council approved Supplemental Agreement #I to Lease No. UTRA07-83-L-0I011 which permitted the Federal Aviation Administration to install, additional navigational and landing aids at Lubbock International Airport' There will be no costs to the City. This Supplemental Agreement #2 provides the Federal Aviation Administration the Right -of -Way and permission to bore under taxiway nLo and the right to Use existing spare power cable ducts under taxiway uAx and taxiway oCo- Thio request was reviewed and recommended by the Airport Board. Motionwas made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #24I5 as recommended by the Airport Board and Staff. Motion carried: 7 Yeas; O Nays, 86-45A-394-586 /33'\ Consider Resolution #2416 suspending South Plains Electric Co -Op rates and setting a date and time for the hearing_ RESOLUTION #2416 ORDER AND RESOLUTION WHEREAS, o notice of Petition for Authority to Change Rates within the City of Lubbock was filed August 15, 1986, with the City Secretary of the City of Lubbock by South Plains Electric Cooperative, Inc.; and WHEREAS, the City Council of the City of Lubbock, sitting as a regulatory authority under provisions of law" is required by law to hold a public hearing to inquire into the reasonableness of such proposed electric rate change; and WHEREAS, the City Council has authority under provisions of law to suspend implementation of such changed rate for up to ninety (90) days pending hearing and decision on such proposed rate change; NOW THEREFORE: BE IT ORDERED AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I' THAT the City Council of the City of Lubbock, sitting as a regulatory authority under provisions of Vernon's Ann'Civ'3t., Art- I445c, hereby suspends the effective data of 396 AUqU3t 28, 1986 Secretary by South Plains Electric Cooperative, Inc', for period not to exceed ninety (90) days from the date when such rate change would otherwise have been effective; and 2' THAT the City Council of the City of Lubbock, in accordance with mandatory requirements of Section 43 of the public Utility Regulatory Act hereby orders and directs that a public hearing upon said proposed rate change by South Plains Electric Cooperative, Inc., be held in the City Council Chamber of the Lubbock Municipal Building" 1625 13th Street, at Nine A.M. on the 13th day of November, 1986, to determine the reasonableness of such proposed rate change. The City Secretary of the City of Lubbock is hereby authorized and directed to give South Plains Electric Cooperative, Inc', immediate written notice of such hearing by serving m copy of this Order and Resolution Upon them at their business office located in the City of Lubbock. ORDERED AND RESOLVED by the City Council this 28th day of August, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Robert Massengale Robert Massengale, Assistant City Manager for Financial Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney South Plains Electric Co -Op has filed a proposed rate request with the City Secretary, This rate request is considered to be a major pate request under the State Law because it is more than t100,000 or 2-1/2% of gross revenues. According to the information provided by South Plains Electric Co -Op, the pate request is an increase of $1,613,784 or 7'62% of adjusted gross operating revenues for the test year. Itwill be necessary, according to State Law, for the City Council to hold a Hearing on this rate request. Since the rate request does not involve significant change in the rate structure, Staff believes that they will be able to do all analysis. Representatives from South Plains Electric Co -Op advised that the rate is not expected to be put into place -until approximately January or February, which is when they expect the PUC to yule on their rates for customers outside the City Limits of Lubbock. Since there is no real time crunch for SPEC, Staff recommended that the rates be suspended for 90 days pending analysis, and that a Heaping be set for November 13 at 9:30 a.m. Motion was made by Councilman Nash, seconded by Mayor Pro Tem Baker to authorize Resolution #24I0 and setting the rate hearing for November I3° 1986 at 9:30 a.m. as recommended by Staff. Motion carried: 7 Yeas; O Nays' 86-45A-395-597 (34') Consider accepting a gift of land. The City has currently received an offer for a gift of land from the Great Lakes Christian College of 8eaDsVille, Ontario, Canada' This land is located at 340I E. 3yd Street and is also identified as being at the corner of TdalnU Road and East 3rd Street. This particular property shows some promise of having Value, possibly now or in the future, since it has frontage on the Idalou Highway. Motion was made by Councilman Nash, seconded by Councilman Patterson to accept a gift of land as recommended by Staff and stipulated that a letter of appreciation be sent under the signature of all the City Council' Mot*$D carried: 7 Yeas; O Nays. 86-45A-395-598 (35.) Consider Ordinance #8961 granting franchise for telephone communications ORDINANCE #8961 August 28, 1986 396 ORDINANCE NO. 8961 AN ORDINANCE GRANTING TO NTS COMMUNICATIONS, INC. THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE CITY OF LUBBOCK, TEXAS, A TELEPHONE COMMUNICATIONS BUSINESS AND TO ENTER UPON, ERECT, CONSTRUCT, MAINTAIN, EXTEND, REPAIR, REPLACE AND REMOVE IN, UNDER, UPON, WITHIN, OVER, ABOVE, ACROSS AND ALONG ANY AND ALL OF THE PRESENT AND FUTURE PUBLIC ROADS, HIGHWAYS, STREETS, LANES AND ALLEYS OF THE CITY OF LUBBOCK, A SYSTEM OF POLES, ANCHORS, CABLES, WIRES, MANHOLES, CONDUITS, AND OTHER PLANT CONSTRUCTION AND APPURTENANCES NECESSARY OR PROPER FOR THE BUSINESS OF FURNISHING TELEPHONE SERVICES INTO, IN, WITHIN, FROM, ACROSS, AND THROUGH THE CITY OF LUBBOCK, AS NOW EXISTING, OR AS SAID CITY LIMITS MAY HEREAFTER BE EXTENDED, AND GRANTING NTS COMMUNICATIONS, INC., ITS SUCCESSORS AND ASSIGNS, THE AUTHORITY TO USE SUCH FOR THE PURPOSE OF FURNISHING TELEPHONE SERVICES TO THE INHABITANTS OF THE CITY, OR ANY OTHER PERSON OR PERSONS, FIRMS OR CORPORATIONS WITHIN THE CITY; PROVIDING THAT THIS FRANCHISE SHALL BE EFFECTIVE FOR A PERIOD OF TWENTY (20) YEARS COMMENCING UPON AND EXTENDING FROM THE EFFECTIVE DATE OF THIS ORDINANCE AFTER FINAL PASSAGE HEREOF; PROVIDING FOR THE TEMPORARY REMOVAL, RAISING OR LOWERING BY COMPANY OF ITS WIRES AND OTHER APPURTENANCES; PROVIDING FOR THE RIGHT TO, AND CONDITION OF, THE OPENING OF PAVEMENTS AND SIDEWALKS BY COMPANY; RETAINING ALL RIGHTS OF CITY TO REGULATE THE LOCATION OF COMPANY'S FACILITIES IN, UPON, ALONG, UNDER AND OVER THE STREETS, ALLEYS AND OTHER PUBLIC PLACES OF CITY, AS WELL AS TO REQUIRE THE RELOCATION OF SAME; PROVIDING FOR EFFICIENT TELEPHONE SERVICE AND THE MAINTAINING OF COMPANY'S FACILITIES; PROVIDING FOR THE USE BY CITY FOR THE PURPOSES SPECIFIED OF POLES AND CONDUITS OF COMPANY; PROVIDING COMPENSATION, AND METHOD OF PAYMENT OF SUCH, TO THE CITY FOR THE USE BY COMPANY OF THE STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY; PROVIDING FOR THE MAINTAINING OF RECORDS BY COMPANY WITH RIGHT OF INSPECTION BY CITY RESERVING TO CITY ALL POWERS OF REGULATION; PROHIBITING ASSIGNMENT EXCEPT BY CONSENT BY CITY EXCEPT IN CERTAIN CASES; GIVING CITY'S CONSENT TO THE CUTTING AND TRIMMING BY COMPANY OF CONFLICTING TREES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS FRANCHISE SHALL NOT BE EXCLUSIVE; MAKING MISCELLANEOUS PROVISIONS RELATIVE TO THIS GRANT OF FRANCHISE; PROVIDING FOR THE PUBLICATION OF THIS FRANCHISE ORDINANCE AND ITS ACCEPTANCE BY COMPANY. 86-45A-396-599 (36.) Pub. Aff. Page 400 NTS Communications, Inc. requested that the City Council grant it a franchise to use City streets, alleys, and other rights -of -way in conduct of its communication business. The basic type of service being proposed is long distance service via NTS- Communications-owned lines. The method of operation proposed by NTS is to serve specific isolated areas where long distance service would be highly concentrated, such as an area with a dense office population. NTS would connect all its customers in that area, then collect those signals and transmit them from that area to the Metro Tower by way of microwave. The franchise fee for this Agreement is different from other franchises that the City Council has granted in that the franchise fee will only be paid on those gross receipts derived from the customers connected to NTS cables. The gross receipts derived from NTS customers that access through Southwestern Bell Telephone would not be included in this gross receipts fee. The basis of this structure is that those gross receipts derived from NTS customers accessing through Southwestern Bell Telephone should be taxed through Southwestern Bell Telephone, since that would be a gross receipt of Southwestern Bell Telephone. The franchise fee for this Agreement will be 2% of applicable gross receipts. The term of this franchise is for 20 years. The Agreement does provide for cancellation by the City in event of default by the company. The Franchise Agreement appeared to cover the proposed business and antici- pated future similar businesses that may request similar franchise agree- ments inside the City Limits of Lubbock and therefore, Staff recommended approval of the Ordinance. Motion was made on first reading 7 Yeas; 0 Nays. Consider Ordinan Permit and Licen ORDINANCE #8962 by Councilman Phillips, seconded by Councilman Nash passing Ordinance #8961 as recommended by Staff. Motion carried: 62 amendir eal Board. ORDINANCE NO. 8962 inance #8930 extending authority of AN ORDINANCE AMENDING SECTION 2-167 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE POWERS OF THE PERMIT AND LICENSE APPEAL BOARD; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The Fire Marshal's Office advised that in accordance with Ordinance #8930 passed by Council a few months ago, notices have been sent to all persons owning property which contains abandoned underground storage tanks, instructing that the tanks be removed within a certain period of time. A review by City Attnrnay ravanlcA +hn+ +ho nw.d;­--- ------4.i., 397 , August 28, 1986 86-45A-397-600 (15.) Pub. Aff. page 400 city officials denying, revoking or suspending permits and licenses issued by the City". The question of underground storage tanks does not involve permits or licenses. The City Attorney advised that Council consider passing a "housekeeping" ordinance which will allow the Board to "sustain, overrule or modify action of any City official with regard to matters in which ordinances of the City of Lubbock authorize an appeal to the board". Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass on first reading Ordinance #8962 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #8963--Zone Case #1061-F (Southwest corner of West 4th and Loo 289)--Hold a Public Hearing on request of Ron Huckaby for zoning change from C-3 to limited C-4 on Tract 1-C, Treasure Island_ Addition. ORDINANCE #8963 ORDINANCE NO. 8963 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1061-F; A ZONING CHANGE FROM C-3 to C-4 ZONING, LIMITED TO CERTAIN USES, ON TRACT 1-C, TREASURE ISLAND ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ron Huckaby appeared to present this request for open C-4 zoning primarily for a proposed muffler shop. No one appeared in opposition and Mayor McMinn closed the Public Hearing. Assistant City Manager Jim Bertram stated that the adjacent land uses are as follows: North - Convenience store and nursing home. South - Automatic car wash East - Apartment project West - The intersection of 4th Street and Loop 289 The request is consistent with the Land Use Plan in referring to commercial land uses and the location fits the definition of C-4 zoning as being a district to provide retail and wholesale commercial uses which serve a city wide or regional area. The majority of the P&Z Commission voted in favor of the case with the following conditions: 1. That the zoning be C-4 limited to a muffler shop and automobile brake shop, an automobile glass shop, an automobile seat cover and upholstery shop, an automobile transmission shop, a public repair garage (with all parts inside the building). 2. That signage shall be located as shown on the site plan with the maximum of 50' of signage allowed for one free-standing sign. The Staff recommended that the City Council uphold the Planning Commission. Motion was made by Councilman Patterson, seconded by Councilman Phillips to pass on first reading Ordinance #8963 as recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-397-601 (16.) ORDINANCE #8964--Zone Case #2406-B (Southeast corner of 19th and Mil- waukee) --Hold a Public Hearing on request of Mark Barron (for Ben Edwards & BBB Joint Venture) for zoning change from C-4 Specific Use to C-3 on Tracts A-1. A-2. A-3. A-4, and A-5, Milwaukee Place Addition. ORDINANCE #8964 ORDINANCE NO. 8964 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2406-B; A ZONING CHANGE FROM C-4 SPE- CIFIC USE to C-3 ZONING ON TRACTS A-1, A-2, A-3, A-4, AND A-5, MILWAUKEE PLACE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ron Huckaby presented this request involves a down zone from C-4 Specific Use to C-3 for retail land uses in that the C-3 district in the City's Pyramid Ordinance which would be more restrictive. No one appeared in August 28, 1986 398 Assistant City Manager Jim Bertram stated that the Staff Considered this case to be a outine zone case' The adjacent land uses are as follows: North - Vacant C-3 district South - Vacant C-4 district East - Single family and some commercial development West - Vacant C-4 zoning limited to mini - warehouses He said this request is consistent with the Land Use Plan and would be an appropriate zone change. The current zoning, C-4 Specific Use, is tied to a Site Plan that shows out parcels for retail development with the balance of the Site Plan being tied to mini -warehouse development, The proposed change would leave the mini -warehouse development in place and would remove the Specific Use portion of the previous zone case from the out parcels with frontage on 18th Street- The Planning Commission approved the case with the following condition: That the zoning would be tied to the site plan as presented. The Staff recommended that the City Council uphold the Planning Commission. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #8964 as recommended by P&Z and City Staff' Motion carried: 7 Yeas; O Nays- 88-45A-3B8-6O2 (17') ORDINANCE #8965--Zone Case #2574 (50th and Gary -Avenue) --Hold a Public Hearing on request of SCH Architects (for Pacific Development Company) for Pub' Aff' change of zoning from C-3 with conditions to C-3 on Tract A, Monterey p' 400 Center Addition. ORDINANCE #8965 � ORDINANCE NO. 8865 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CAGE NO. 2574; A ZONING CHANGE FROM C-3 WITH CONDITIONS TO C-3 ZONING, ON TRACT A, MONTEREY CENTER ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION' Warlick Carr appeared to present this request to delete all the conditions regarding this property- Those previous conditions established a 200/ setback on 50th Street for parking and a 200/ setback on both Elgin Avenue and Gary Avenue, and then tied the development to the site plan that was presented at that time, Steve Hundley, with 3CH Architects, presented the Architect renditions for this development site. No one appeared in opposition to this request and Mayor McMinn closed the Hearing. Assistant City Manager Jim Bertram stated that the adjacent land use relationships are as follows: North - commercial service South - single-family development East - commercial retail and single-family development West - commercial retail and single-family development Mr. Bertram advised that the request is consistent with the Land Use Plan as well as the C-3 zoning district' The new zone case substitutes a new Site Plan for the Site Plan that was used to develop the original Monterey Center, As the new Site Plan went to the Planning Commission, it was technically correct as it was drawn' The main difference in the two Site Plans is that the new plan shows the southern n of the Monterey Center site to be vacant, noting that development would occur later in that area. As drawn, the proposed Site Plan showed 9" wide parking spaces, and an excess of parking over what would be required under the Zoning Ordinance' Since the Commission has approved 9/ wide spaces in the past and mince the trend nationwide is for smaller spaces, P&Z recommended allowing 9/ wide spaces. The Commission approved the case with the following conditions: I. That the zoning be C-3 with all prior zone case conditions deleted. 2. The front 16 acres are to be zoned C-3 and tied to the Site Plan as presented. 3' A Site Plan, including building elevations, showing materials, color, and texture shall be submitted and approved by the Planning and Zoning Commission on the four out parcels prior to the issuance of a Building Permit. 4' A Site Plan, including building elevations, showing materials, color, and texture shall be submitted and approved by the Planning and Zoning Commission on the south o of the tract prior to the issuance of a Building Permit. All surrounding 399 August 28, 1986 86-45A-399-602 Site Plan review shall be heard on a regularly scheduled Thursday night Planning and Zoning Commission agenda. - The Staff recommended that the City Council uphold the Planning Commission. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #8965 to uphold P&Z and, with the condition that the back half is to be maintained and the weeds kept cut' Motion carried: 7 Yeas; O Naya- ORDINANCE #8966--Zone Case #2575 (2221 Avenue W)--Hold a Public Hear request of Michael Atcheson (for Redeemer Lutheran Church) for zonin change from R-2 to A-2 limited to church use on Lots-9-16, Block 58, ORDINANCE #8966 ORDINANCE NO. 8966 AN ORDINANCE AMENDING ZONING ORDINANCE NO, 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2575; A ZONING CHANGE FROM R-2 to A-2 ZONING, LIMITED TO CHURCH USES, ON LOTS 9-I6, BLOCK 58, McCRUMMENS SECOND ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Michael Atcheaon and Don Graff presented this request of Redeemer Lutheran Church which would accommodate a proposed building expansion. Councilman Carpenter asked if they would agree to approval being tied to their Site Plan' Mr' Atcheoon requested that Council not tie its approval to Site Plan because that would require that they Cmne back to P&Z for future requests which would be costly and time-consuming. They agreed to the zone change of A-2 limited to Church Uses. Mr- Clarence Woods appeared to request Council tie approval of request to the Site Plan. No one else appeared in opposition and Mayor McMinn closed the Public Hearing' Assistant City Manager Jim Bertram stated that the adjacent land use relationships are as follows: North - Existing single-family South - Existing single-family East - Existing single-family West - Existing city park The existing church currently is a legal non -conforming use because it has been in this neighborhood for a number of years prior to the new Zoning Ordinance. The applicant sought a Building Permit to join both of the existing church buildings across an alley and it was 8| ff/G recommendation that a zone change would be more appropriate in order to remove the non- conforming use status that would have required a request to the Zoning Board of Adjustment to seek a variance to allow two buildings to be attached. The applicant proposed to relocate the existing alley, which was the main point of debate at the Commission meeting' There were several neighbors who opposed the change not so much to remove the non -conforming use status but to relocate the alley where it would intersect with 23rd Street' The Commission determined that, with appropriate fencing, the alley would not detract from the neighborhood b« intersecting with 23rd Street. Although the vote was Unanimous, the ' Commission urged the applicant to pursue a Zoning Board of Adjustment variance rather than a zone change. The Commission did approve the case, however, with the following conditions: l. That the zoning shall be 4r2 limited to church and church related uses' 2. That 10% of the front yard area from the north and south setbacks on 22nd Street and 23rd Street shall be landscaped between the building line out to the property line' 3' That a combination of brick, wood, and solid masonry fence shall be built on the east side of the parking lot. The Staff recommended that the City Council uphold the Planning Commission. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to pass on first reading Ordinance #8866 as recommended by P&Z and City Staff' Motion carried: 7 Yeas; 0 Nays. August 28, 1986. 400 7711 77; L.j R-261 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me G I end a Ra s co a Notary Public in and for Lubbock County. T personally appeared Twi I a Auf i I 1 9 Account Manage r of the South pens Corporation, publishers of the Lubbock Avalanche -.Journal — Morning, Evening a being by me duly sworn did depose and say that said newspaper has been published contin than f if ty-two weeks prior to the f irst insei�¢�r� $f this L e g a l N o t i c e No. at Lubbock County, Texas and th ed copy of the Legal Notice is a true copy of the original and was printe Avalanche -.Journal 34 �t tthe flow 263 words (a ddates: August 13+ 1986 = 99. Account Manager LUBBOCK AVALANCHE -JOURNAL. Southwestern Newspapers Corporation GLENDA RASCO Notary Public In And For Thi ; tato Of Texag My Commission Expires Nov, 9, 1988 Subscribed and sworn to before me this 131lbay of FORM 58-10 *'�%'1:QI(1I101-11ZI August (19.) Hold a Public Hearing to consider ordinance prohibiting the parking of vehicles on unpaved surfaces. Mr. A. B. Watkins, President of North Overton Association, spoke in favor of this Ordinance. Mr. Cecil Puryear and Mrs. Wayne Webb spoke in opposition to the Ordinance. Mayor McMinn closed the Public Hearing. Assistant City Manager Jim Bertram said that a few months ago the Council directed the Planning Commission to consider an Ordinance that would prohibit vehicles from parking in the front yard. The Ordinance that was presented to the Planning Commission establishes a definition for a driveway and provides references in the Ordinance to specifications for construction of a driveway. The Ordinance also amends the off street parking section in each of the R-1, R-2, A-1, and A-2 zoning districts by providing that all vehicles, except recreational vehicles and certain equipment controlled under other sections of the zoning ordinances, shall be parked on driveways, off- street or completely in the back yards. Further, the proposed Ordinance includes a 90-day amortization period. The definition of "driveway" recommended by P&Z, excludes asphalt surfaces as not being a "comparable material" unless approved by the Building Board of Appeals. Enforcement of this Ordinance was proposed to be done by existing Codes Administration Inspectors during routine neighborhood inspections. Mr. Bertram commented that any major level of enforcement may dilute the level of enforcement of other codes, and also that most violations occur in evening hours after Codes Inspectors are off -duty. The P&Z Commission unanimously approved the proposed Ordinance. The Staff recommended that the City Council uphold the Planning Commission. Motion was made by Councilman Nash, seconded by Councilman Phillips to deny ordinance . Motion carried: 6 Yeas; 1 Nay --Councilman Carpenter. 401 August 28, 1986 86-45A-40I-005 (37,) Motion was made by Councilwoman Tr 'o, seconded by Councilman Carpenter to reconsider action on first reading of ordinance ' Motion carried: 6 Yeas; I Nay --Mayor Pro Tam Baker. Motion was made by Councilman Carpenter, seconded by Councilwoman Tra'u to hold reading ordinance until Staff can study it and report back to Council' (No time limit was specified.) Motion carried: 6 Yeas; I Nay- -Mayor Pro Tem Baker' oae of 86-45A-40I-506 (38.) BID #9089--Restroom/concession facilities at Berl Huffman Complex, and authorize same (Parks and Recreation Department). RESOLUTION #2417 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract with Hunter Construction Company for the construction of restroom/concassion facilities at Berl Huffman Athletic Complex, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as fully copied herein in detail' Passed by the City Council this 28th day of August, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Hunter Construction Co'--Restro»m/concaasion facilities at Berl Huffman complex. 86-45A-401-607 (39') BID #9090--Irrigation system --George Woods Park, and authorize same August 28, 1986 402 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract with Oasis Construction Company for an irrigation system at George Woods Park, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as fully copied herein in detail. Passed by the City Council this 28th day of August, 1986. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney 86-45A-402-608 (40.) See Contract in Files /s/ B. C. McMinn B. C. McMINN, MAYOR Oasis Construction --Irrigation system for George Woods Park. BID #9091--Ci same (Animal RESOLUTION #2419 ubbock Animal Control She RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: renovation, and authorize THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract with Eagle Building and Development Company for renovation of the City of Lubbock Animal Control Shelter, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as fully copied herein in detail. Passed by the City Council this 28th day of August, 1986. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Eagle Building & Development --Renovation to Animal Control Shelter. 86-45A-402-609 (41.) BID #9094--Lift station (Water Utilities Engineering). See Contract Atlas Engineering, Inc., Richardson--1-600 gallon pneumatic ejector. in Files 403 August 28, 1986 RESOLUTION #2420 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract with Pharr & Company for column removal at the Municipal Building, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as fully copied herein in detail. Passed by the City Council this 28th day of August, 1986. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Pharr & Company --Column removal at Municipal Building. Motion was made by Councilman Nash, seconded by Councilman Patterson authorizing low bids meeting specifications on Item #'s 38-42. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to amend previous motion and delete Item #42 from the motion. Motion carried: 7 Yeas; 0 Nays. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker to authorize Resolution #2419. Motion carried: 4 Yeas; 3 Nays --Mayor McMinn, Councilman Carpenter and Councilman Patterson. M-260 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Glenda Rase o a Notary Public in and for Lubbock County, 7 personally appeared Twi I a Auf i I 1 9 Acco unt Manage r of the South pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening being by me duly sworn did depose and say that said newspaper has been published conti► than fifty-two weeks prior to the first insertion of this I eOnI No ti,r¢ No. 755981 at Lubbock County, Texas and tl ed copy of the i e ¢ a I No t i c e is a true copy of the original and was printe Avalanche -.Journal on the following dates: August 129 198 92 words (a 38t — $34 96 V"jo- lat ju Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation I Subscribed and sworn to before me this 12thday of FORM 58-10 GLENGA °ASCO Notary PublicnFor n, xas pz Nov9, 1933mi'ona August 1986 86-45A-403-611 (20.) Hold a Public Hearing to consider a request from Texas Petroleum for an Oil and Gas Permit on a tract of land in the southeast corner of Section 41, Block A (Olive and Ursuline). August 28, 1986 404 Gas Permit on a tract of land in the southeast corner of Section 41, Block A (Olive and Ursuline). By memo, Staff advised that on August 4, 1986, Texland Petroleum presented a request to drill a salt water disposal well 660' north of Ursuline and 660' east of Olive Avenue. Since the Amendment allowing disposal and injection wells in 1984, this is the first request for a Permit. The Application received indicated that the well will be a re-entry of a plugged well (the Culver -Austin #1). The applicant has been issued Permit #06139 for disposal of oil or gas waste by injection into a porous formation not productive of oil or gas by the Railroad Commission of Texas. Re-entry of a plugged well is a relatively short and simple procedure. No pump -jack will be located at the site, and the injection/disposal will eliminate a lot of truck traffic at Lub-Lifheirs #1 (a producing well on City property north of the Loop). Staff recommended approval of the Permit. Recommended Permit Conditions: 1. The applicant shall require the Contract driller to notify the Texas Railroad Commission (Lubbock office) of intended drill dates for plug removal, and to conform to Texas Railroad Commission rules and permit conditions. 2. The applicant shall notify the City Oil and Gas Inspector 24 hours prior to setting a packer on the well. 3. The permittee shall meet all other conditions of Section 14 of the Lubbock Code and those specifications contained in the application for Austin -Culver #1. Motion was made by Councilman Nash, seconded by Mayor Pro Tem Baker to approve issuance of an Oil and Gas Permit on a tract of land in the southeast corner of Section 41, Block A (Olive and Ursuline) as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. -iQ17QfillW- V (43.) Consider two appointments to the Community Development Advisory Committee. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips to appoint Russ Wilkerson to Sector 5 of the Community Development Advisory Committee and to hold appointment to Sector 3. Motion carried: 6 Yeas; 0 Nays --Councilman Patterson absent from Chambers. 86-45A-404-613 (44.) Consider eight appointments to the Community Services Commission. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Carpenter to reappoint Jim Kersey, Maggie Trejo, Renetta Howard, Lori Bellair, Martina Garcia, Carlota Ramos, Teresa Salinas and Esther De Hoyos to the Community Services Commission. Motion carried: 6 Yeas; 0 Nays --Councilman Patterson absent from Chambers. 86-45A-404-614 (45.) Consider three appointments to the Lubbock Regional Mental Health and Mental Retardation Board of Trustees. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips reappointing Jim Kimmel, Dr. Rudy Arredondo and Jan Rigsby to the Lubbock Regional MHMR Board of Trustees. Motion carried: 6 Yeas; 0 Nays -- Councilman Patterson absent from Chambers. 86-45A-404-615 (46.) Consider one appointment to the Lubbock Regional Mental Health and Mental Retardation Public Responsibility Committee. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips to appoint Louise Cummins, replacing Kay Atcheson. Motion carried: 6 Yeas; 0 Nays --Councilman Patterson absent from Chambers. 86-45A-404-616 (47.) Consider six appointments to the Urban Design and Historic Preservation Commission. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to reappoint Raymond Powell, Chairman, Leo Padget, Karen Wade and Lady Brown and to appoint Paula Deering and Dr. Joseph King to replace Sybil Dickey and Geneva Griffin. Motion carried: 7 Yeas; 0 Nays. 405 August 28, 1986 There being no further business to come before the Council, motion was made by Councilman hx CoWncilm�n Carpenter to adjourn �h� meeting at 4:00 p.m.: Motion Na�h �#Coqdm6 ATTEST: Ranett oyd, City Secretary' READ AND APPROVED THIS 11TH DAY OF SEPTEMBER, 1986. 1-.�KrlffNN, -MAYOR ATTEST: