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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/25/1986421 REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 25, 1986 The City Council of the City of Lubbock, Texas met in regular session on the 25th day of September, 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, 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. Absent: Mayor Pro Tem Joan Baker, Mayor McMinn called the meeting to order at 9:00 a.m. 86-45A-421-648 ( 1.) The Invocation was given by Larry J. Cunningham, City Manager. 86-45A-421-649 ( 2.) The Pledge of Allegiance was given in unison by those in the Council It Chambers. 86-45A-421-650 ( 3.) Motion was made by Councilman Patterson, seconded by Councilman Nash to approve the Minutes of the September 11, 1986 Regular City Council meeting as corrected. Motion carried: 7 Yeas; 0 Nays 86-45A-421-651 ( 4.) Citizen Appearances 86-45A-421-652 ( 5.) Presentation of awards for City of Lubbock Blood Drive. Mayor McMinn presented awards to the first and second place departments in each division: Division Department Percentage 5 and Under Radio Shop 100% City Secretary 50% 6 to 10 Finance 50% Personnel 33% 11 to 30 Community Development Animal Shelter (tie) 55% 31 and greater Civic Center 47% Health 28% Awards also were given for highest number of donors to Parks and Recreation (52 donors) and Water (38 donors). 86-45A-421-653 ( 6.) ORDINANCE #8967--Establishing a speed limit of 35 mph on Avenue 19th Street to 34th Street, and on Texas Avenue from 19th Stree connection with Avenue H, .gust north of 30th Street. ORDINANCE #8967 ORDINANCE NO. 8967 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF AVENUE H AND TEXAS 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 Councilman Carpenter to pass on second and final reading Ordinance #8967. Motion carried: 6 Yeas; 0 Nays. 86-45A-421-654 ( 7.) ORDINANCE #8968--Establishing a s from Avenue A to Southeast Drive. h on 50th Street 4C2 September 25, 198E ORDINANCE #8968 ORDINANCE NO. 8968 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF EAST 50TH STREET, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PRO- VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass on second and final reading Ordinance #8968. Motion carried: 6 Yeas; 0 Nays. 86-45A-422-655 ( 8.) ORDINANCE #8959--Abandoning and closing a portion of a 15' alley in Block 111, Original Town Addition. ORDINANCE #8959 ORDINANCE NO. 8959 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. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass on second and final reading Ordinance #8959. Motion carried: 6 Yeas; 0 Nays. 86-45A-422-656 ( 9.) ORDINANCE #8965--Zone Case #2574--Request of SCH Architects for a change of zoning from C-3 with conditions to C-3, deleting all prior zone case conditions on Tract A, Monterey Center Addition, Lubbock, exas. 1'1 ' 1 i•. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE 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. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to table this item. Motion carried: 6 Yeas; 0 Nays. 86-45A-422-657 (15.) Consider Resolution #2431 authorizing the Mayor to execute Change Order #1 to contract GWO 9147 (University Avenue at 8th Street). RESOLUTION #2431 September 25, 1986 423 DGCr11 IITTMI 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 xecute for and on behalf of the City of Lubbock, a Change Order No. 1 adding paving quantities to existing contract, GWO 9147, for paving improvements between said City and Hub City Pavers, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of September, 1986. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney TO: Hub City Pavers, Inc. 4505 22nd Place Lubbock, Texas 79407 CHANGE ORDER NO. 1 TO G.W.O. 9147 Gentlemen: WHEREAS, it is desirable to make changes in the plans and specifications for this project, being namely Change Order No. 1. Orignal Amount of Contract $72,378.00 Increased by Change Order No. 1 18,095.50 Total Amount of Contract $90,472.50 THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to the Change shown herein and in the revised plans, the Owner agrees to pay the Contractor the amount of increase in cash. The Contractor agrees to proceed with construction and to adhere to applicable specifications, under the direction of the Engineer. Furthermore, the parties agree that the original contract between the Owner and the Contractor shall be modified to the extent herein indicated, including one (1) attachment. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 25th day of September, 1986. CONTRACTOR: HUB CITY PAVERS, INC. BY: /s/ Glen Sarten Glen Sarten, President OWNER: CITY OF LUBBOCK BY: /s/ B. C. McMinn B. C. McMinn, Mayor ATTEST: /s/ Ranette Boyd Ranette Boyd RECOMMENDED FOR APPROVAL: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transporation RECOMMENDED FOR APPROVAL: /s/ Jim Bertram Jim Bertram, Asst. City Manager/Development Services APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney 4/4 September 2b, 1986 UNIVERITY AVENUE WIDENING AT 8TH STREET GWO 9147 CHANGE ORDER NO. 1 Close and remove entrance to parking lot west of University Avenue on north side of 8th street and close 9th Street from University Avenue west to Texas Tech University D-1 parking lot. Construction Quantity Unit Price Amount ParKing Lot Entrance Removal and Closure Concrete paving removal 45 S.Y. $18.00 $810.00 Sidewalk removal 7.3 S.Y. 6.75 49.28 C & G Construction 72 L.F. 8.00 576.00 Sidewalk construction 24 S.Y. 18.00 432.00 Drng. slab w/ steel plate 1000.00 1000.00 at sidewalk level $2867.28 9TH STREET CLOSURE Remove 9th Street C&G and paving from University Avenue to Texas Tech University D-1 parking lot and reconstruct in accordance with Texas Tech University 9th STREET & UNIVERSITY AVENUE CLOSURE PLAN for lump sum of: $15,227.22 TOTAL OF CHANGE ORDER NO. 1 $18,094.50 This Change Order is to close the east driveway of the Tech parking lot on the north side of the 8th Street entrance to the campus and for the closing of the 9th Street entrance to the campus in accordance with the plan approved by the University. Sufficient funds are available in the original project budget and Staff recommended approval. Texas Tech and the City are each sharing 50% of these costs. Motion was made by Councilman Nash, seconded by Councilwoman Trejo to authorize Resolution #2431 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 86-45A-424-658 (16.) Consider Ordinance #8969 abandoning and closing a 2' Underground Utility Easement located in Lot 334, Melonie Park Addition. ORDINANCE #8969 ORDINANCE NO. 8969 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN UNDERGROUND UTILITY EASEMENT LOCATED IN THE MELONIE PARK SOUTH 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. This Easement which was dedicated in the original plat for LP&L, is no longer needed and LP&L requested it be released. There is no money involved in the request of LP&L and Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass on first reading Ordinance #8969 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 86-45A-42 -659 (17.) Consider Ordinance abandoning and closing a portion of the access road on University Avenue between 52nd and 54th Streets. Jan Fouts, Attorney for Community Hospital and Caprock Church of Christ, requested that action on this item be held. September 25, 1986 425 Motion was made by Councilman Nash, seconded by Councilwoman Trejo to deny this request as recommended by Staff. Motion carried: 4 Yeas; 2 Nays --Councilman Phillips and Councilman Carpenter. 86-45A-425-660 (18.) Consider Resolution #2432 authorizing the Deed in favor of Mrs. Colleen Hartline. RESOLUTION #2432 RG(Zr)l 1ITTr)K1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ,or to execute a Quit Claim 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 W. T. Hartline, of Dallas, 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 25th day of September, 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 QUIT CLAIM DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration to it in hand paid by W. T. HARTLINE, of Dallas, Texas, hereinafter called "GRANTEE", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE and FOREVER QUITCLAIM unto the said GRANTEE, all its rights, title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit: Lots 3 and 8 of Block 1, Bozeman Heights Addition, Lubbock County, Texas TO HAVE AND TO HOLD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTOR, CITY OF LUBBOCK, its successors or assigns, nor any persons claiming under it shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS, THIS 25TH DAY OF SEPTEMBER, 1986. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Tom Nivens /s/ Harold Willard Tom Nivens, Right -of -Way Agent Harold Willard, Assistant City Attorney 420 September 25, 1980 THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared B. C. MdMINN, known to mg to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and considaratin therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 26TH DAY OF SEPTEMBER, 1986. /s/ Olivia R. Solis Notary Public, Lubbock County Texas Olivia R. Solis My Commission Expires 11/30/89 The normal and accepted procedure for a gift of land to the City of Lubbock is for the landowner to present an executed Deed to the City. They then present the Dead to the City Council for acceptance and with a willing giver and a willing receiver, the transition is completed. The land in question is Lots 3 and 8, Block I of the Bozeman Heights Addition and is located in the 3I00 block of East Auburn Avenue. The record of a complete transaction as indicated above is non-existent. The Dead was executed in 1985 and a representative of the Hartlings must have filed directly into the Deed Records of Lubbock County the Deed in question. This was accomplished without consulting with the City of Lubbock on whether the City would accept the land or not. Staff did not see a benefit to accepting this land, and therefore recommended that this transfer back to the Hartlines be approved. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #2432 as recommended by Staff. Motion Carried: 6 Yeas; O Nays' 86-45A-426-66I (lg') Consider Ordinance #8970 abandoning and closing a 20' alley in Lot 1-A, Block 10, Trigg Heights Addition. ORDINANCE #8970 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 20-FOUT ALLEY LOCATED IN LOT l-A, BLOCK 10, TRIG8 HEIGHTS 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 8 SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This request for private use of land, was made by Brian E. Murray, Attorney for William F. Morrisette and wife. The $150 application fee was received. The alley is between Magnolia Avenue and King Avenue, south of East 75th Street and is a 20/ x I83/ alley having 3660/. The Right -Of -Way Section appraised the land at $O'lO/yquare feet and the land will coat them $366 and any utility relocation will be taken care of by the proponent. The plat of the alley will have to be approved before the second reading' Staff recommended approval. Motion was made by Councilman Nash, seconded by Councilman Phillips to pass OD first reading Ordinance #8970 as recommended by Staff' Motion carried: 6 Yeas; 0 Nays. 86-45A-426-682 (2O') Consider closing of completed Community Development Projects and associated adjustments to the Continqenc-v Funds. At the and of each fiscal year, the Community Development Projects which have been completed in the previous 12 months will close, and the budget underruns and overruns will be transferred to the Contingency Fund. The amount returned to the Contingency Fund this year is an increase of more than I00% over the a0OUDt returned last year. A combination of several factors has resulted in a larger percentage of the projects coming in under budget. September 26, 1986 427 45A-427-O53 (�M^) Several projects, such as East 19th Street and Niter Paving, have been combined and bid under one Contract. In addition, improved project monitoring techniques have assisted in keeping projects on schedule. The original budget estimates for projects completed on schedule tend to be less affected by the long-term impact of inflation, and these projects are more likely to be completed within their budgets. One project, Security for Green Fair Manor, was terminated at the request of the Lubbock Housing Authority because the Housing Authority was unable to secure the liability insurance necessary to continue the security program. During the past twelve months, the following projects have been completed: REVISED OVER UNDER BUDGET 008II0 Eng. E. 19th 3t' $29,003.27 $123,996.73 008I15 Lake 6 Road #2 17,725.9I 48,767.08 0I82II Copper Rawlings 1,973'23 42,100'77 018212 Mack Softball 12,827'02 65,I72'98 0382I7 E. I9th Acquisition 315'23 144,684-77 068229 Disposition Mem' Ctr I,246'16 I,687'84 00830I Arnett Benson 16,397'07 I84,852'93 008304 Residential Rehab 3,470'92 501,985'08 0I8307 Overton Park 8I,000'00 0I8308 Chatman Park 886'48 18,303'52 0I83I0 Mae Simmons 1,683'I5 I05,3I8'85 0I83II Mackenzie Trees 4,803-55 22,I96'45 0383I0 E. I9th 8t. Paving II,818'62 I13,I8I'38 078325 RR Crossing I,285'96 I3°285'96 0I8406 Berry Park 2,333'1I 38,332.11 0I8407 Green Fair Park 10,604'69 39,395-31 038408 Niter Paving 49,867.15 150,I32.85 058420 Land Appraisals 5,050'00 2,950'00 06842I Mem Ctr/Riverwalk I93'00 359,807'08 058422 Locks for Elderly I0,000'00 0I8423 Lake 6 Landscape 86,000.00 018501 Area Lighting 6°216'23 40,766'23 018510 Tennis Court C0nv' 10,636'61 7,263'39 048513 Code Enforcement 1,704'53 4I1,960.37 0685I5 Emergency Repair 1,2I8'28 I48,781'72 068516 Security for Green Fair Manor 25,628'12 29,37I'88 058517 Indirect Coot I6,587'00 146,587'00 088519 Paint -Up 40,307'43 18,692'57 088520 Weatherization 3,477.85 I3I,522'I5 068522 Broadway Brick III 1,477.53 109,902'53 038525 RR Crossing -Ave. M & 3rd 5,500'00 CD Administration 21,626.24 83,373,76 UNR Administration 17,728-43 86,579'57 ONR Field Services 6,787.75 I23,628'25 $27,899'83 «285,796'78 TOTAL $268,896.96 The closing of these accounts will increase the Contingency Fund budget from $122,998.41 to $391,895.37. In addition, on June 12, I986, the City Council preliminarily approved the allocation of $65,040 from the Contingency Fund to provide partial funding for a research and planning project proposed by the Chamber of Commerce' To date, there has been no further activity on this project. 8 letter requesting a status report and timetable was sent to the Chamber' If the project is terminated, the return of this allocation would increase the Contingency Fund budget from $391,895.37 to t456,935.37. Motion was made by Councilwoman Tr 'o, seconded by Councilman Patterson to close out completed Community Development Projects and make associated adjustments to Contingency Funds. Motion Carried: 8 Yeas; O Nays, Consider the allocation of Community Development Contingency Funds for the inspection of the East 26th Street Bridge. September 25, 1986 The State Department of Highways and Public Transportation inspects all bridges within the City of Lubbock, and for the past few years has reported to the City that the East 26th Street bridge is in need of repairs to, at a minimum, rejuvenate the abutments and piers. There have been no structural renovations to the bridge since it was completed in 1903' The City Staff dues not possess the necessary technical skills to conduct an inspection of the bridge, to determine the structural deficiencies, to determine the urgency of the needed repairs, to prepare plans and specifications for the repair of the identified problems estimate the repair costs and to inspect the actual repairs as they are constructed. Therefore, it was proposed that a structural engineering firm be hired to provide the City with these services. It was estimated that the engineer's fee for this project would be approximately $&O,OOO and a request for Community Development Contingency Funds for these services was submitted 10 the amount of $90,000' The Community Development Block Grant Contingency Fund balance is currently $391,895,37' With the allocation of $90,000, the new Fund balance will be $301,895.37. Motion was made by Councilman Patterson, seconded by Councilwoman Tr 'o to approve allocation of Co00UDitx,DeVel0p0eDt Contingency Funds for inspection Of the East 28th Bridge. Motion carried: 6 Yeas; O Nays' 85-45A-428-654 (22') Consider Resolution #2433 authorizing the Mayor to execute a Contract with Trkla, Pettigrew, Allen & Payne for Feasibility Study and development of a Tax Increment Financing revitalization program. Contract w/ Original Resolution RESOLUTION #2433 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 between the City of Lubbock and Trkla, Pettigrew, Allen & Payne, for professional consulting for development of a project plan of a tax increment Financing District in the City of Lubbock, Lubbock County, Texas, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail' Passed by the City Council this 25th day of September, 1986. /a/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: RaDette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree, Community Development Administrator APPROVED AS TO FORM: /s/ Michele Hart Michele Hart, Assistant City Attorney The development of a Tax Increment Financing (TIF) District would allow the City to designate a zone and freeze the appraised value of the real property within that zone for a specified period of time. Any increases in the appraised value of properties within the district during that time become the tax increments, the taxes of which are deposited into a Tax Increment Fund. The Tax Increment Fund is then utilized to finance public i0prVVg0gntS within that designated zone. The consulting firm Of Trkla, Pettigrew, Allen & Payne will consider and analyze the different factors which will have potential impact on the success of a TIF district in Lubbock' Specifically the Study will address the financial feasibility of a TIF in Lubbock, recommend a final boundary delineation for the TIF, and develop a proposed project plan for implementing the TIF district. September 25, 1986 429 86-45A-429-665 (23.) 86-45A-429-666 (24.) The project will be completed by December 31, 1986 and a written and visual presentation of the report will be provided. The maximum estimated cost of the project is $30,000. Because of their prior experience in Corpus Christi and Abilene and due to the very tight schedule, Staff recommended authorization of this Contract. Motion was made by Councilman Nash, seconded by Councilman Patterson to authorize Resolution #2433 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. Consider the allocation of Community Development Contingency Funds for a Feasibility Study and development of a Tax Increment Financing revi- talization program. Community Development Funds may be utilized for planning activities for economic development. A request for Contingency Funds for a Feasibility Study and development of a Tax Increment Financing Revitalization Program was submitted in the amount of $30,000. The Contingency Fund balance is currently $301,895.37 and with the allocation of $30,000.00, the new fund balance will be $271,895.37. Motion was made by Councilman Nash, seconded by Councilman Patterson to approve allocation of Community Development Funds for a Feasibility Study and development of a Tax Increment Financing Revitalization Program. Motion carried: 6 Yeas; 0 Nays. Consider Ordinance #8971 esta Avenue. from Parkway Drive to ORDINANCE #8971 ng a s Street. d limit of 40 mph on Quirt AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF QUIRT 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; PRO- VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. A recent speed study on Quirt Avenue shows the 85th percentile speeds to be between 38 and 44 mph; therefore, it was desirable that a consistent speed limit of 40 mph be established. Currently, a portion of the area is posted 35 mph and the remainder is posted 40 mph. Motion was made by Councilman Patterson, seconded by Councilman Carpenter passing on first reading Ordinance #8971 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 86-45A-429-667 (25.) Consider Ordinance #8972 establishing a speed limit of 50 mph on Qui Avenue, from Regis Street to Bluefield Street, and various speed lim on the Lubbock International Airport Terminal Access Road. ORDINANCE #8972 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF QUIRT AVENUE AND LUBBOCK INTERNATIONAL AIRPORT TERMINAL ACCESS ROAD, 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. A recent speed study showed that the 85th percentile speeds in this area to be consistent with the speed limits proposed in this Ordinance. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on first reading Ordinance #8972 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 86-45A-429-668 (26.) Consider Ordinance #8973 amending Chapter 6, Article II entitled "Building Code" providing for the adoption of the 1985 Uniform Building Code as amended by the Code Study Committee and recommended by the Building Board of Appeals and staff. ORDINANCE #8973 430 September 26, 1986 ORDINANCE NO. 8973 AN ORDINANCE AMENDING CHAPTER 6, ARTICLE II OF THE LUBBOCK CITY CODE, ENTITLED "BUILDING CODE," BY ADOPTING THE UNIFORM BULDING CODE, 1985 EDITION; SETTING FORTH GENERAL SPECIFICATIONS FOR 8UILUING', CORRECTING TYPOGRAPHICAL ERRORS AND NUMBERING ERRORS; CHANGING THE TERM OF OFFICE OF BOARD OF APPEALS MEMBERS; PROVIDING FOR THE TRANSFER OF PERMIT3', AMENDING SPECIFICATIONS BY DELETING DUPLICATIONS OF REGULATION; PROVIDING A PENALTY' PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION' The Code 3tU6« Committee, together with the Building Board of Appeals and City Staff, have reviewed in depth the 1985 U8C as written by the International Conference of Building Officials. All the past City amendments were reviewed and updated. The UBC was last adopted and amended in 1982 and with the continual introduction of new methods and materials, it has become outdated. Therefore, the Building Board of Appeals recommended to the City Council that the 1985 UQC, together with the revised amendments, be adopted as the Building Code for the City of Lubbock' Some areas that do have some noteworthy changes are as follows: SECTION 6-21 301(c) TRANSFERRING OF PERMITS This section sets out a procedure that may be followed by the contractors or Building Official whenever a permit needs to be transferred for any reason. SECTION 6-22.2 RESPONSIBILITY FOR USING PROPERLY LICENSED SUBCONTRACTORS This section requires that the general contractor, builder, or owners use properly licensed persona to do their subcontracted work such as electrical, plumbing, and mechanical. This section should help control the number of persons unlicensed by placing the responsibility on the general contractors, owners or builders. SECTION 6-22.302 ALL PLANS SUBMITTED SHALL INCLUDE THE FOLLOWING INFORMATION ON THE FRONT PAGE: (I) The correct gross square footage of the proposed building, including porches, covered walkways, covered carports and any other areas covered by a roof' /21 The type of construction as required by the Uniform Building Code' /3\ The classification of occupancy, /4\ A detail of all fire and smoke walls, including any UL or NFPA listings. /5\ The floor plan shall indicate all required fire walls in a manner that distinguishes them from other walls by means Of symbol, statement or label. /G\ A detail of all fire rated ceilings, including any UL or NFPA listings. (7) The floor plan shall indicate all required fire rated ceilings in a manner that distinguishes them from other ceilings by means of symbol, statement or label. (8) All plans and details shall be certified to by the architect, designer or engineer preparing such plans and details' SECTION 6-27 BUILDINGS TO BE MOVED, SUB SECTION (d) 1-2-3-4 MINIMUM This section has been expanded to include that moved buildings meet all minimum standards and that they be in keeping with the average value, construction and appearance of the existing development within the area before the structure is moved. This section also states that if the building is in violation, a permit be issued. Also an aggrieved party may appeal to the ZBA. Sub -Section 5 states that the building shall be finished within 90 days or submitted to Substandard Housing C000iss]VD for removal or demolishing. Staff recommended approval of the Code as recommended by the Building Board of Appeals' Motion was made by CnWDcil0GD Carpenter, seconded by Councilman Phillips to pass on first reading Ordinance #8973 as recommended by Staff. Motion Carried: 6 Yeas; 0 Nays. 431 September 25, 1986 86-45A-431-669 (27.) Agreement w/ orig. Resolution Consider Resolution #2434 authorizing the Mayor to sign an Agreement between the Texas Department of Health and the Citv of Lubbock Health artment. RESOLUTION #2434 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 Local Health Services Contract by and between the City of Lubbock and the Texas Department of Health, attached herewith, and associated documents, 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 25th day of September, 1986. /s/ B. C. McMinn B.C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Rita Harmon Rita Harmon, Assistant City Manager for Management Services /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Each year, the City of Lubbock enters into a Contract with the Texas Department of Health to provide between $250,000 to $330,000 per year in salaries, supplies, and professional fees. The amount for the Fiscal Year 1986-87 will be $280,339, which is $43,691 less than the City received for the 1985-86 fiscal year. Last year the City's Contract with the Texas Department of Health was for $324,029. The Contract between the City of Lubbock and the State Department of Health for FY 86-87 has several differences from the previous year, most of which is due to the current fiscal problems facing the State of Texas. These differences are: 1. Current vacant positions are frozen and will not be funded. 2. Future vacancies will be frozen unless the Commissioner of Health determines that there is a critical need for that position. 3. The Contract requires that money received from the State will not supplant funds from other sources. 4. The City Council or the Board of Health must hold a Public Hearing on how the family planning money is being spent and submit proof of the Hearing to the Texas Department of Health. E 5. The Health Department must submit an annual report on Capital Outlay items costing more than $250 which are purchased from State funds. There are two positions currently vacant that are frozen for the 1986- 87 Contract: one quarter time dentist who provided dental services for children under the age of 19 and one Public Health Technician II who investigates sexually transmitted diseases. In addition, the State has reduced the funding allocated to HTLV-III antibody testing (used for AIDS testing). This Contract plays a major role in the delivery of public health services to the City of Lubbock. State employees make up 39% of the total Nursing Staff in critical services provided by the Health Department and 20% of the total number of the Health Department employees. The $280,339 provided by the State contract represents 13% of the total Health Department funds for fiscal year 1986-87. Therefore, City Staff recommended that the Council give favorable approval to this Contract. 432 September 26, 1986 Councilman Carpenter requested that the record show Staff will closely monitor any effects from State funding cuts and keep Council apprised of the situation. Motion was made by Councilwoman Trejo, seconded by Councilman Nash to authorize Resolution #2434 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 86-45A-432-670 (28.) Consider Ordinance #8974 adopting the 1985 edition of the National Fire Code. ORDINANCE #8974 AN ORDINANCE AMENDING CHAPTER 11, "FIRE PREVENTION AND PROTECTION," ARTICLE III, OF THE LUBBOCK CITY CODE, BY ADOPTING THE NATIONAL FIRE CODES, 1985 EDITION; PROVIDING FOR DISCRETIONARY INSPECTION OF NEW BUILDINGS BY THE FIRE MARSHAL; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. It is usual practice for the City to adopt the current National Fire Codes every three years to coincide with the adoption of the Uniform Building Codes. This year certain amendments of the National Fire Codes were reviewed by the Staff and the Building Board of Appeals. The Fire Codes provide that the Fire Marshal would be responsible for the inspection and compliance of the National Fire Codes. Previously this responsibility has not been exercised by the Fire Marshal's office and the Staff feels that it is important for the Fire Marshal's office to retain some authority and responsibilities for the Fire Safety Codes. It was recommended that the Fire Marshal review submitted plans to determine compliance with this Code and may require an inspection or investigation for compliance with National Fire Codes prior to the issue of Certificate of Occupancy. The Fire Marshal's responsibility and authority is limited providing only for a determination whether rules and standards have been complied with and does not provide for any discretionary power as to what the regulations or standards should be. The Fire Marshal's office will not be reviewing all plans nor inspecting all buildings for compliance with the National Fire Codes but will work with the Building Inspection Department to develop operating procedures to determine what types of facilities should require the involvement of the Fire Department. The Building Board of appeals wanted some assurance that the Fire Marshal's office would not exceed the authority established in the proposed amendments; therefore, an appeal process was provided allowing appeals to be heard by the Building Board of Appeals. The Building Board of Appeals has reviewed these amendments and, along with the Staff, recommended the adoption of the Ordinance. Motion was made by Councilman Carpenter, seconded by Councilman Nash to pass on first reading Ordinance #8974 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 86-45A-432-671 (10.) ORDINANCE #8975--Zone Case #2573 (Slide Road north of Loop 289)-- Request of David Goyette (for John Bird and Anne Stoner) for zoning change from R-1, R-1 Specific Use, R-2, A-1, and C-2 to R-2, A-1, A-2, Publisher's Affidavit C-3, and C-4 on tracts out of Section 22, Block A, and Section 1, Block on Page 440 J-S. ORDINANCE #8975 ORDINANCE NO. 8975 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2573; A ZONING CHANGE FROM R-1, R-1 SPECIFIC USE, R-2, A-1, AND C-2 TO R-2, A-1, C-2, AND C-3 ZONING ON TRACTS OUT OF SECTION 22, BLOCK A AND SECTION 1, BLOCK J-S, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This case was continued from the last Planning and Zoning Commission meeting in order to give the proponents additional time to reconsider some proposed land uses and zoning districts that the Staff could not recommend to the Planning Commission. Ron Patterson appeared to speak on behalf of this request. No one appeared in opposition. Assistant City Manager Jim Bertram stated that the case basically includes a total rezoning plan from the current zoning and includes districts from R-1 to C-3. September 25, 1986 433 The adjacent land use relationships are as follows: North - Agricultural land South - Whisperwood Subdivision across Loop 289 East - Buckner's Baptist Home West - Vacant R-1 zoning Mr. Bertram went on to say that the new development plan being considered in this case differs from the original submission in two respects. First of all, the revised plan decreases the allotment of high density residential. Secondly, it rearranges the commercial zoning adjacent to Buckner's over to the east side of the proposed lake area along the frontage of Loop 289. These were the two main areas of concern that the Staff had in the original case. If acreage totals are compared from the original case to the revised plan, the chief difference is that the revised plan contains about 10.8 acres less of apartment zoning and 12.2 acres more of commercial zoning, and 2.5 acres more of low -density residential zoning than the original case. Zone Original Plan Revised Plan Gain/Loss R-1 98.8 101.2 +2.4 R-2 27.6 23.8 -3.8 A-1 29.0 36.6 +7.6 A-2 18.4 0.0 -18.4 C-2 0.0 5.1 +5.1 C-3 23.5 36.1 +12.6 C-4 5.5 0.0 -5.5 Lake 19.9 19.9 0.0 222.7 222.7 0.0 However, it was still Staff's recommendation that the 41 to 42 acres of commercial proposed in the revised development plan is too much for a residential development of this size. Even though Slide Road is considered a thoroughfare on the Thoroughfare Plan, it is only going to function as a collector street in this development plan since it dead ends into Loop 289 with no continued southward movement. It was Staff's recommendation that the 27 to 29 acres of commercial in the original case be maintained. Thus, the far eastern tract with frontage on the Loop would go back to A-1 zoning rather than be C-3 zoning and the total acreage in consideration in that tract is approximately 6.5 acres. Short of that one remaining difference in position, the Staff would concur with the revised plan that was submitted to the Planning and Zoning Commission. The Planning Commission discussed the acreage allotment for commercial development at considerable length during the hearing. One Commissioner argued that the balance of the Loop frontage to the east was destined to be commercial development anyway and that land cost and market forces would prohibit even high density residential from occupying this area. The Commission agreed to approve the revised development plan. The Staff continued to speak in favor of the one tract in question being changed to apartment zoning. The location does not fit the City's general development policy of major intersections, e.g. the function of Slide Road, and should not be entitled to the full complement of 40 acres of commercial. After the case was filed, it was discovered that some of the current zoning was not included in the case as it was filed by David Goyette, and therefore remains unchanged. A zone case will follow to clear up that one discrepancy. City Staff did not recommend approval. Motion was made by Councilman Phillips, seconded by Councilman Carpenter passing on first reading Ordinance #8975 as recommended by the Planning and Zoning Commission. Motion carried: 6 Yeas; 0 Nays. 86-45A-433-672 (11.) ORDINANCE #8976--Zone Case #1789-C (4006 West Loop 289)--Request of David Pirtle for zoning change from C-4 to C-4 Specific Use for mini - Publisher's Affidavit warehouses on a tract out of Section 37, Block A-K. on page 440 ORDINANCE #8976 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1789-C; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE PERMIT FOR MINI -WAREHOUSES ON A TRACT OUT OF SECTION 37, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. David Pirtle appeared to speak on behalf of this request for C-4 specific use for mini -warehouses. No one appeared in opposition. 434 September 25, 1986 85-45A-434-673 (l2') Publisher's Affidavit on Page 440 Assistant City Manager Jim Bertram related that the adjacent land use relationships are as follows: North - Mobile home park South - Lumber yard East - Loop 289 West - Vacant M-1 zoning He reminded Council that this same tract has been zoned for mini - warehouses in the past' In August, 1983 the tract was zoned open C-4 with no conditions and in 1984 it was zoned specific use for mini - warehouses, then in 1985 it was re -zoned back to open C-4. The owner now desires to build a mini -warehouse project for himself and needs specific use in the C-4 district to build the project. The new Site Plan, as required by specific use, shows 40,000/ leas of total building footage than was shown on the previous specific use Site Plan for mini -warehouses' The new Site Plan also leaves a tract to the south of the warehouse project still fronting onto the Loop vacant with C-4 zoning, In the previous specific use case, this tract was zoned specific use for mini -warehouses. Lastly, the new plan does not contain any two story buildings, as the previous plan did, Since all Site Plan requirements have been met and the tract has been zoned previously for this same use, the Staff considered this case a routine case and the Commission approved the case without any debate. The only condition in the case was that the tract south of the warehouse project remain open C-4 and not made a part Of this Site Plan. The Staff recommended that the City Council uphold the Planning Commission' Motion was made by Councilman Patterson, seconded by Councilwoman Tr 'o to pass on first reading Ordinance #8976 as recommended by the Planning and Zoning Commission and City Staff. Motion carried: 6 Yeas; O Nays' ORDINANCE #8977--Zone Case #1979-B ((2112 Indiana Avenue) --Request of Baker, Field, Clifford, Krier & Webb, Inc. for zoning change from AM Specific Use to Garden Offices on Lots 18, 19, and West 5' of Lot 20, Squyers Place Addition. ORDINANCE #8977 ORDINANCE NO. 8977 AN ORDINANCE AMENDING ZONING ORDINANCE NO, 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1979-8`, A ZONING CHANGE FROM AM SPE- CIFIC USE to 8O ZONING ON LOTS 18, 19 AND WEST 5 FEET OF LOT 20, 8OUYERS PLACE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING 8 PENALTY; PROVIDING 8 SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Bill Cox appeared to present this request for GO (garden office) zoning for a planned building expansion to the pear property line. No one spoke in opposition. Assistant City Manager Jim Bertram said that the current &M zoning requires a 5/ rear yard setback and without a Z8A variance, the zone change to GO is the only way to accomplish the planned addition. In the 8O District there is no rear yard setback requirement. The adjacent land use relationships are as follows: North - Existing AM uses South - Existing AM uses East - Single family across Indiana Avenue West - One single-family residence Mr' Bertram commented that the case is consistent with the Comprehensive Land Use Plan and as far as the Staff is concerned, the definition of the G0 District meets the intent of the AM District in this case. All of the required parking and landscaping has been provided and this is a routine case except for a technicality with the Site Plan. The technicality is a previous variance granted by the Zoning Board of Adjustment to allow off -site parking which Cannot be considered a part of the 8O case if the zoning is approved but could be accommodated if the case is tied to the current approved Site Plan under the previous zone case. With little discussion and noting that the GO District and the AM District were extremely compatible and since the use in either case is a professional office building, the case was approved with the only CVDditjVD that it be tied to the Site Plan as presented. Mr' Cox requested that the approval not be tied to the Site Plan' Mr. Bertramindicated Staff support of not tying approval to the Site Plan' September 25, 1986 435 Motion was made by Councilman Patterson, seconded by Carpenter to pass on first reading Ordinance #8977, and accepting recommendation of City Staff. Motion Nays- 86-45A-435-O74 (I3,) ORDINANCE #8978--Zone Case #1807-A (1300 block West Request of Southwestern Public Service to change con Publisher's Affidavit Ordinance #6462 to allow an electrical substation on on Page 440 Lots 1, 2, 3, 4, and 5, Block 100, Original Town Add ORDINANCE #8978 Councilman and overruling P&Z carried' 0 Yeas; O itions of the East 75' f AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. I807-B; AMEND ORDINANCE NUMBER 5462 TO ALLOW AN ELECTRICAL SUBSTATION ON THE EAST 75 FEET OF LOTS 1-5, BLOCK IOO, ORIGINAL TOWN, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. JakeWebb, District Manager of 3-W'P.3,, presented this request to delete the conditions of Ordinance #5462 to allow an Electric Substation as a permitted land use. No one spoke in opposition to the request. Assistant City Manager Jim Bertram stated that Ordinance #5462 was passed in 1972 around the fringe of the Civic Center zone case to delete some of the less desirable land uses that might be adjacent to the Civic Center project. Mr. Bertram said the proponent in the case, Southwestern Public Service, was represented by an Engineer who indicated to the Planning Commission that there were basically only two places in downtown Lubbock to locate Substations. The existing Substation will be acquired by the Interstate project thereby leaving the proposed location as the only one for a Substation' Apparently, of the two 23KV lines that come into the downtown area, this case is located on the only parcel known to be for sale that is near this particular line. Even though the case is compatible with the Land Use Plan, the main question was to determine whether or not the Electric Substation is an appropriate land use in the Civic Center Policy Area. The Commission had to determine whether or not the Substation had to be in this area because of a "need" requirement in which case, it could be justified. The Commission questioned the Engineer, the applicant's Architect, and the General Manager Of Southwestern Public Service with regard to the question of "need." After the Commission was convinced h facility could not be located somewhere else in the 'thex turned their questioning to the mechanics of the plant in order to find out exactly what it would look like once it was constructed. The Engineer indicated that the transformers would be about 15/ tall and that they had proposed an 8' fence. From ground level or sitting in an automobile, the fence would screen most of the transformer and related equipment that would protrude above the fence line- The applicant also described in great detail a building material that was proposed to be used on the screening fence which would complement existing material and construction of the Civic Center and the 8udeke Library. Once the Planning and Zoning Commission was convinced that the appearance could be made compatible with the Civic Center and there was indeed a real need for this facility to be here, they approved the case with the following conditions: I' Tied to the Site Plan as presented; 2' Thera shall be a 10% landscaping required on the gross development lot' 3. There shall be an 8/ solid screening fence installed on three sides of the structure with the south wall or face being left open^to the alley' The fence shall be made of split -faced, limestone concrete masonry; and 4' The conditions of Ordinance #6482 shall remain in effect; however, the Commission would allow as a permitted use on this development tract only an electric substation. 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 #8978 as recommended by P&Z and City Staff. Motion carried: 6 Yeas; 0 Nays. Publisher's Affidavit Medical Center Guest House of Lubbock for zoning change from AM on Page 440 Specific Use to AM on Lots 7 and 8, Jim Floyd Addition. ORDINANCE #8979 ORDINANCE NO. 8979 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2468-8'"A ZONING CHANGE FROM AM SPE- CIFIC USE TO AM ZONING, LIMITED TO A RESIDENTIAL CARE FACILITY ON LOTS 7 AND 8, JIM FLOYO ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Stan Weaver, Attorney, appeared to present this request to drop the Specific Use Permit and down zone the property to AM. No one appeared in opposition to the request. Assistant City Manager Jim Bertram reminded Council that this site was originally zoned AM specific use for a motel, a Medical Center Guest House, but is now being proposed by the owners to be used as a residential treatment center for juveniles up to 17 years old' The adjacent land use relationships are as follows: North - Vacant AM zoning South - Existing parking lot East - Vacant AM zoning West - Existing medical building Mr. Bertram advised that this case is consistent with the Comprehensive Land Use Plan and proposed, would be a permitted use in the AM District. As the building was constructed for the previous zoning, it met all of the required development standards for a motel in an AM District. However, there is some difficulty with the parking ratio when dropping the Specific Use permit and changing the zoning to AM. The site would be 143 spaces short of meeting the required 181 required spaces for a general medical use. The required parking for the hotel was only 30 spaces and they were able to provide 83 on the site. Applicants explained that the occupants in the treatment center would not be allowed to have a car on premises and that the number of visitors will be limited. They said that only staff personnel would be allowed to drive and to have cars on the premises and the maximum number of cars at any one scheduled time do to shift changes would be 12. That would leave 17 spaces available on the site as it is now. In addition to this one change, the owners have indicated on the Site Plan that they plan to convert 9 of the remaining 17 spaces into a recreation area enclosed behind a fence for the occupants of the treatment center. The Commission seemed to be satisfied that the applicants had addressed the parking issue in a satisfactory manner and voted to change the zoning with the following conditions: l' The zoning shall be AM limited to a residential care center' 2. The case is to be tied to the Site Plan as presented. Dr' Bill Landers, who will be Director of the facility, answered questions for Council' The Staff recommended that the City Council uphold the Planning Commission. Motion was made by Councilman Phillips, seconded by Councilman Patterson to pass on first reading Ordinance #8879 as recommended by P&Z and City Staff. Motion carried: 5 Yeas; U Nays' 86-45A-436-676 (29') Consider Resolution #2435 authorizing the Mayor to sign the F Agreement w/ original RESOLUTION #2435 Resolution September 25^ 1986 437 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 Co execute for and on behalf of the City of Lubbock a Management Agreement by and between the City of Lubbock and 3tandefer & Gray, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of September, 1986. MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Samuel W. Wahl Sam Wahl, Director of Water Utilities APPROVED AS TO FORM: John C. Ross, Jr., City Attorney The Farm Management Agreement is to be executed at closing of the purchasing of the newer farm tentatively set for September 30' The City is to start operating under the Management Agreement October I and the farming plan will be completed by that time. Mr' Gray is preparing the land for seeding the grasses and next year's wheat crop and the compensation for that will be agreed upon in the Farm Plan' The approval of the purchase and agreement by the Bankruptcy Court was Friday, September 19. Motion was made by Councilman Nash, seconded by Councilman Carpenter to authorize Resolution #2435 as recommended by Staff' Motion carried: 6 Yeas; O Nays. 86-45A-437-677 /3U'\ Consider Resolution #2436 authorizing the Mayor to sign a Contract and related documents with Texas Department of Community Affairs for 1986- Contract w/ orig. Resolution RESOLUTION #2436 RESOLUTION WHEREAS, the City of Lubbock has been offered a contract from the Texas Department of Community Affairs to administer a program to weatherize the homes of low income families in Lubbock County; and WHEREAS, the City Council of the City of Lubbock believes it to be in the best interest of the health, safety and welfare of the citizens of the County of Lubbock to make it possible for low income families to conserve energy and to reduce energy costs; NOW THEREFORE: 438 September 25, 1986 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 a contract and related documents with the Texas Department of Community Affairs in the amount of $10,909 for the period of September 1, 1986 through August 31, 1987. A copy of said contract is attached hereto to 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 25th day of September, 1986. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Vaughn Hendrie Vaughn Hendrie, Director of Community Relations APPROVED AS TO FORM: /s/ Michele Hart Michele Hart, Assistant City Attorney The Texas Department of Community Affairs has offered the City of Lubbock a Weatherization Grant in the amount of $10,909. This is a smaller amount to previous grants, but Staff anticipated additional funding will be made available throughout the year. These added funds would be accepted as an amendment to the Grant Contract, the period being from September 1, 1986 to August 31, 1987. Last year, the Weatherization Program funded through TDCA totaled $96,361, allowing the City's Community Services Department to install weatherstripping, caulking, insulation, storm doors and vented heating units in 73 homes within the city and 10 homes in outside the city limits. The Community Services Department serves all of Lubbock County in providing services funded by TDCA and additional weatherization funds from Community Development are used inside the City of Lubbock only. Staff recommended approval of this Contract. Motion was made by Councilman Carpenter, seconded by Councilwoman Trejo to authorize Resolution #2436 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 86-45A-438-678 (31.) Consider Ordinance #8980 granting a Franchise for telephone service company. ORDINANCE #8980 ORDINANCE NO. 8980 AN ORDINANCE GRANTING TO TRANSAMERICA TELECOMMUNICATIONS, 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 TRANSAMERICA TELECOMMUNICATIONS, 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 September 26, 1986 439 CONSENT TO THE CUTTING AND TRIMMING BY COMPANY OF CONFLICTING TREES; PROVIDING A SEVERA8ILITY 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. 85-458-439-679 (32') 86-45A-439-680 Trans America Telephone Communications, Inc. is a long distance telephone company which has requested a franchise. Their proposed service would be direct connect long distance service and probably in areas of the City where long distance calling is more Concentrated, such as office parks or hospitals. The terms of the Ordinance are the same as those in the Ordinance for NT8, Inc', and in summary, would provide the company with the right to yWD their lines down the 8ll.eys of the City and pay the City a 2% gross receipts tax on all the business that is generated off of those lines owned by the company' The gross receipts generated by a business going through Southwestern Bell Telephone would not be subject to the tax' Staff recommended approval of the Ordinance. Motion was made by Councilman Carpenter, seconded by Councilman Phillips to pass on first reading Ordinance #8980 as recommended by Staff' Motion carried: 6 Yeas; O Nays. Consider write-off of uncollectible accounts. Each year, Staff gathers all accounts receivable and returned checks that are believed to be uncollectible and write them off at one time. After these items are written off the Citv/s books, they will be maintained on file and collection efforts will be continued. The amounts to be written off in each fund are as follow: General Fund $ Airport Fund Water, Garbage and Sewer Fund Utility Bills Electric Fund Utility Bills 748,296'48 Total All Funds 5,7II'O4 28,499.06 258,34U'I8 $I,040°840.74 Utility bill charge -offs amount to $I,006,636'64, compared to $89I,572'59 for the prior year. The collection rate for this period was 98.58% compared to 88.50% for the prior year. These utility receivables being charged off at this time were put on the books during the calendar year of 1982' The policy is to leave the accounts in the collection process for two years before writing them off' These write-offs are a routine housekeeping measure and Staff will continue to try to improve the rate of uncollectibles' Motion was made by Councilman Carpenter, seconded by Councilwoman Tr 'u to approve writing off of uncollectible accounts as was recommended by Staff' Motion carried: G Yeas; U Nays. Consider a request from Juan Luna, Elegance Royale, for renewal of a Limousine Service Permit. The present permit for Elegance Royale will expire on October 4, 1986' Elegance Royale filed an Annual Report required by Section 27-88 of the City Code of Ordinances with the City Secretary's Office on July 19, 1986. The Limousine Ordinance requires that the annual report contain the following information: I' All income the Permit Holder obtained from the business during the permit year. 2. All business expenses the Permit Holder incurred during the year. 3. All capital equipment purchased by the Permit Holder in 7111111 U connection with the permitted business during the year. 4' The total number of trips or charters made during the permit year. 5. The major maintenance cost of each vehicle during the permit year, together with the length of time each vehicle was taken out of service for repairs. 440 September 25, 1986 The Annual Report submitted by Elegance Royale was reviewed by the City Manager's Office, the City Secretary's Office, Internal Auditing Staff, and the Garage Staff. According to the information submitted, Elegance Royale completed requirements as follows: 1. A letter has been received from the Lubbock County Tax Appraisal District that the business will not be taxed for 1985. 2. The appropriate insurance documentation-tation reflecting appropriate coverage has been filed by Republic Insurance Company and Merchants Bonding Company has written the performance bond. 3. An unaudited financial statement was submitted by Elegance Royale reflecting the required financial statement. Mr. Luna has paid the $60 permit fee and the Garage has inspected his limousine. The Internal Auditing Staff has review Mr. Luna's financial information and Elegance Royale's financial information indicates that he lost almost $17,000 in 1985. Mr. Luna informed Staff that he anticipated losing money the first couple of years and he plans to continue in the business. Mr. Luna has met the requirements of the Ordinance and it was Staff's recommendation that the permit be renewed. Motion was made by Councilman Phillips, seconded by Councilman Patterson to approve issuance of a Limousine Permit to Juan Luna, Elegance Royale as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 86-45A-440-681 (35.) Consider Resolution supporting a National Energy Security Conservation Policy. Motion was made by Councilman Carpenter, seconded by Councilman Phillips to table this item. Motion carried: 6 Yeas; 0 Nays. 86-45A-440-682 (36.) Executive Session to discuss pending litigation regarding zoning matters and the purchase of real property within the City. 86-45A-440-683 (33.) Consider Resolution authorizing the Mayor to sign an agreement for purchase of building. Motion was made by Councilman Nash, seconded by Councilman Patterson to hold action on this item. Motion carried: 6 Yeas; 0 Nays. 86-45A-440-684 (37.) BID #9106--Cooling tower replacement --Lubbock Memorial Civic Center, and authorize same (Administrative Services). RESOLUTION #2437 R-6 THE STATE OF TEXAS car• COUNTY OF LUBBOCK 9 a Before me Glenda R a s e o a NotaryPublic in and for Lubbock Count bersat t62S iarh Streat ��"flock Tekjs to caasider rucornmenda Tw i I a A ii Manager r of the Solt dohs by the . �ahnirrb and Zontrig personally appeared fi l ( + Account M.ana C'dr�rmissidn that zc7iing�oe? pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening `aV `"tinged ah,certain properties �� �uBback, �'eriaS Ail rnterested per being by me duly sworn did depose and say that said newspaper has been published contt6,01nions chkomrneh,� is#ions Tha #oliawAng tine cases than fifty-two weeks prior to the first in t�o09$f this Legal Notice wiifoeheaCd!r Y , zONE CAG NO 2Sxt Cohhnuetl No. at Lubbock County, Texas and requestaf Jbhn Bdrtand'thne Legal g a l Notice t i c e Stoner far zoning Change deoptt R l, ed copy of the is a true copy of the original and was prinR 1KSpecifie use, R 2 xa,'iandC�2 ?o„R 2 A 1 A'2 G�{end�C 4 0 1 AvaLaD h-Jorrpsl an th followine.c)�t September 10 1986 rra�18o�,fofs tinzz s!aGkA" G[y tltl (d '+ [ — S T1y and' 111 Section i; Bioek i S �fSlide t2dad no, of Loop 284� a nos i it #OME GASt: NO t789-C Request{ e of CL_ Oauid P4rtlefar¢zaning c an tf frart C�,4tovC 4"SpeoifPfcse!� • mini warehousos,,ana�tracit qu a � --- Secfian 3 Hlack �eN ZONE CAa$E NaO�}9't'B,Rea t Account Manager af°is?aker��;ieid��i t `";' t�Fre � We61xI fo k in"cn from GIENDA �r4'KC QMe�d�v�es FJ�s�o�G� 'ala�'s�pt6; 0 LUBBOCK AVALANCHE -JOURNAL Notary Pubhc !n And Fer Tiia Southwestern Newspapers Corporation W'y Co^3mission Exp:: et Nor az �as c i�r�h 4tg ca itian of d nc Subscribed and sworn to before me this 10 1 h day of S e a t e mb e r 19 86 Sao•' September 25^ 1986 441 oPvm/rrrnm 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 O' W. Chioum & Company for replacement of the cooling tower at the Civic Center, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail' Passed by the City Council this 25th day of September, 1986. C. B. C. McMINN, MAYOR ATTEST: Ranettg Boyd, City Secretary APPROVED AS TO CONTENT: Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney O. W. Ch}sum & Co. Motionwas made by Councilman Nash, seconded by Councilman Phillips to authorize Resolution #2437 as recommended by Staff' Motion carried: 6 Yeas; O Nays. 86-458-44I-685 /38'\ BID #9109--Signal instal Street (Traffic Enginee Contract W/ orig. | Resolution RESOLUTION #2438 orcm/nrrnm nd authorize same --University and 8th 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 Roy Willis Electric Company, Inc', for signal installation at University Avenue and 8th Street, 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 25th day of September, 1986. ' B. C. MCMI0N, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Roy Willis Electric Co., Inc. --Abilene. 44/ September 25, 1986 Motion was made by Councilman Nash, seconded by Councilman Phillips to authorize Resolution #2438 as recommended by Staff' Motion carried: 6 Yeas; O Nays' 86-458-442-686 (39.) Consider appointment of one member to the Community Development Advisory Committee. Motion was made by Councilwoman Tr 'o, seconded by Councilman Patterson to appoint Paul Nash to Sector 3 of the CD00UDitv Development Advisory Committee. Motion carried: 6 Yeas; D Nays. There being no further business, the motion was made by Councilman Patterson, seconded by Councilman Phillips to adjourn the meeting at I0:47 a.m. Motion carried: 6 Yeas; O Nays. B C. McMINN, MAYOR ATTEST: CRane - �Boyd, City Sec e READ AND APPROVED THIS 7TH DAY OF OCTOBER, 1986. B. C. McMINN, MAYOR Boyd. City Secret y