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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/7/1986443 REGULAR CITY COUNCIL MEETING MINUTES OCTOBER 7, 1986 The City Council of the City of Lubbock, Texas met in regular session on the 7th day of October, 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-443-687 ( 1.) The Invocation was given by Ted Barron, Assistant to the City Manager. 86-45A-443-688 ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. 86-45A-443-689 ( 3.) Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to approve the Minutes of the September 25, 1986 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays 86-45A-443-690 ( 4.) Citizen Appearances Board Appointments 86-45A-443-691 ( 5.) ORDINANCE #8971--Authorizing 40 mph speed limit on Quirt Avenue from Parkway Drive to 50th Street. ORDINANCE #8971 ORDINANCE NO. 8971 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; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Trejo, seconded by Councilman Nash to pass on second reading Ordinance #8971 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-443-692 ( 6.) ORDINANCE #8972--Authorizing 50 mph speed limit on Quirt Avenue from Regis to Bluefield Street, and various speed limits on Airport Termi Access Road. ORDINANCE #8972 ,oi��li1►�T1�[�I ► : • 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. Motion was made by Councilwoman Trejo, seconded by Councilman Nash to pass on second and final reading Ordinance #8972 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-443-693 ( 7.) ORDINANCE #8973--Providing for adoption of the 1985 Uniform Building Code. 444 October 7, 1986 ORDINANCE NO. 8973 AN ORDINANCE AMENDING CHAPTER 6, ARTICLE II OF THE LUBBOCK CITY CODE, ENTITLED "BUILDING CODE," BY ADOPTING THE UNIFORM BOLDING CODE, 1985 EDITION; SETTING FORTH GENERAL SPECIFICATIONS FOR BUILDING; CORRECTING TYPOGRAPHICAL ERRORS AND NUMBERING ERRORS; CHANGING THE TERM OF OFFICE OF BOARD OF APPEALS MEMBERS; PROVIDING FOR THE TRANSFER OF PERMITS; AMENDING SPECIFICATIONS BY DELETING DUPLICATIONS OF REGULATION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Trejo, seconded by Councilman Nash to pass on secon and final reading Ordinance #8973 as modified in Work Session. Motion carried: 7 Yeas; 0 Nays. 96-45A-444-694 ( 8.) ORDINANCE #8974--Providing for adoption of the 1985 National Fire Cod ORDINANCE #8974 C11:Ti301.11kiroakiLI>K-34yl! AN ORDINANCE AMENDING CHAPTER 11, "FIRE PREVENTION AND PROTECTION," ARTICLE III, OF THE LUBBOCK CI 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. Motion was made by Councilwoman Trejo, seconded by Councilman Nash to pass on secon and final reading Ordinance #8974 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-444-695 ( 9.) ORDINANCE #8975--Zone Case #2573 (Sli Request of David Goyette (for John Bi change from R-1, R-1 Specific Use, R- C-3 and C-4 on tracts out of Section J-S. ORDINANCE #8975 e tGUdu 11Q L11 CAL LODp z oy) - - d and Anne Stoner) for zoning , A-1 and C-2 to R-2, A-1, A- 2_, Block A, and Section 1, Bl 15.1 l:1 94FITSIERRM 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 PUBLICA- TION. Motion was made by Councilwoman Trejo, seconded by Councilman Nash to pass on seconc and final reading Ordinance #8975 as recommended by Staff. Motion carried: 7 Yeas; Nays. 86-45A-444-696 (10.) 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 warehouses on a tract out of Section 37, Block A-K. ORDINANCE #8976 ORDINANCE NO. 8976 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKIN( THE FOLLOWING CHANGES: ZONE CASE NO. 1789-C; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE PERMIT FOR MID 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. 86-45A-444-697 (11.) Motion was made by Councilwoman Trejo, seconded by Councilman Nash to pass on second and final reading Ordinance #8976 as recommended by Staff. Motion carried: 7 Yeas; Nays. ORDINANCE #8978--Zone Case#_1807- st of Southwestern Public Service Company to ance #6462 to allow an Electrical Substation 1. 2. 3. 4, and 5. Block 100. Oriqinal Town Oth Street)- - G a ORDINANCE #8978 October 7, 1986 445 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1807-B; AMEND ORDINANCE NUMBER 6462 TO ALLOW AN ELECTRICAL SUBSTATION ON THE EAST 75 FEET OF LOTS 1-5, BLOCK 100, ORIGINAL TOWN, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Trejo, seconded by Councilman Nash to pass on second and final reading Ordinance #8978 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-445-698 (12.) ORDINANCE #8977--Zone Case #1979- Baker, Field, Clifford, Krier & W Specific Use to Garden Offices on 20, Squyers Place Addition. 2112 Indiana Avenue) --Request of , Inc. for zoning change from AM is 18, 19 and the west 5' of Lot 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-B; A ZONING CHANGE FROM AM SPECIFIC USE to GO ZONING ON LOTS 18, 19 AND WEST 5 FEET OF LOT 20, SQUYERS PLACE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Trejo, seconded by Councilman Nash to pass on second and final reading Ordinance #8977 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays --Mayor Pro Tem Baker abstained. (Affidavit setting out conflict of interest filed by Mayor Pro Tem Baker with City Secretary before Public Hearing and first reading.) 86-45A-445-699 (13.) ORDINANCE #8979--Zone Case #2468-A (3815 21st Street) --Request of Medical Center Guest House of Lubbock for zoning change from AM 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-A; A ZONING CHANGE FROM AM SPECIFIC USE TO AM ZONING, LIMITED TO A RESIDENTIAL CARE FACILITY ON LOTS 7 AND 8, JIM FLOYD ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Trejo, seconded by Councilman Nash to pass on second and final reading Ordinance #8979 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-445-700 (14•) Consider Resolution #2439 declaring the necessity for paving and directing the City Engineer to prepare plans and specifications for the 1986 Pavina_Assessment Proiect. RESOLUTION #2439 RESOLUTION A RESOLUTION PROVIDING FOR IMPROVEMENTS OF PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS AND ALONG THE BOUNDARY OF SAID CITY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS THAT: I. Public necessity exists that the following portions of streets, highways, avenues and/or alleys in the City of Lubbock and along the boundaries thereof, be improved as herein provided, to -wit: NAME E-W alley between 33rd St. and 34th St. ALLEY (10' WIDE) FROM TO 116.5' W. of Ave. "W" 361' E. of Ave. X E-W alley between 7th St. and 8th St. Salisbury Ave. Salem Ave. 446 October 7* 1986 E-W alley between 20th St' Elgin Ave. Detroit Ave. and 21st 3t. E-W alley between 42nd 3t' Hartford Ave' Gary Ave' and 43rd St' STREETS 80th Street 36/\ Akron Ave. Boston Ave' ' 80th Street 38/ Boston Ave. Elgin Ave. � Street /38'\ Boston Ave. Elgin Ave.81ot Akron Ave' '6/ 79th Street 80th Street ' /� Akron Ave. (3O ) rae 8Oth Street 81ot Street E. 75th Street �36/\ Ash Ave. Cedar Ave. 76th Street �36'� ' Ash Ave. Ave. x8x ' /. 7�th Street 3� Ave.8, e' Ave.Do ' 23rd Street '36/' Juneau Ave. Iola Ave. BostonAve' '42/� 79th Street 80th Street ' /� Boston Ave' (4� } rae 8Oth Street 8I�t Street N 1/2 Stanford Street (42/) UniversityAve' Ave' o X v RiceStreet(42/) University Ave. Ave. oXu Queens Street (4/) University Ave. Ave. oX» Ash Ave. (46') 74th Street 78th Street Ave. oX» (52) Stanford Street Loop 289 Ave. x « (52/' Rice Street Stanford Strgat Ave. nXx (52) Queens Street Rice Street Ii, Said portions of streets, highways, �n� avenues shall be improved by raising, grading, and filling —�-~ hv installing to po �nd drains where neC�a��ry, 6« same, h« installing Concrete Curb and gutters, -^ storm sewers " -^ installing compacted caliche base and 6x surfacing with l I/2o asphaltic concrete surface. Alleys shal be improved by installing a ten (lO) foot wide, 5" minimum depth reinforced concrete strip in the center of the alley right-of-way' III. The City Engineer is hereby directed to prepare plans and specifications for such improvements. IV. Such improvements in each Unit shall be paid for in the following manner: (a) Railways and street railways using occupying or crossing any portion of said streets, highways, avenues and/or alleys to be improved shall be assessed for and shall pay for all of the cost of the work in the area between their rails and tracks, double tracks, turnouts and switches and two feet on each aide thereof' STREET IMPROVEMENTS (b\ The abutting property and owners thereof shall pay and shall be assessed for all the cost of `-'strUctiDg curbs in front of such respective property and a part of the remaining coat of such constructing after deducting the sums to be paid 6v -e railways under sub -paragraph (a) above, provided, improvements, such part of the Co~~ assessed to the abuttingpropertyor owners thereof will not exceed 90% of the �o�t of the �mprovements~~lus the cost of the curb, and fur -her provided that if it shall appear at the cost to 'e had before final assessment is made, that the special benefits to such property by way of hearing, be thereof by means of such improvements will not aggregate such proportion of the cost as enhancement above, then there b� aeaeaa�d and b� paid by such abutting property and the owners specified o , � _~ thereof, a lesser amount not to exceed the benefits. ALLEY IMPROVEMENTS /c\ The abutting property and owners shall pay and shall be assesse d for a part of the remaining cost of such improvements" after deducting the sums to be paid by the railways under sub -paragraph (a) above, in the following manner' All property will be assessed ninety (SO) percent of the total construction cost. Said abutting property and owners thereof shall pay and be assessed for the cost of constructing alley paving improvements as specified above, provided, that if it shall appear at the hearing to be had before l final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above,then there shall be assessed and be paid by such abutting property and the owners thereof, a leaser amount not to exceed the benefits- /d\ The remaining cost of said improvements after deducting the sums finally assessed against railways and street railways under sub -paragraph (a) hereby and against abutting property and the owners thereof under sub -paragraph (b) and /c\ above, S.a.\ be paid by the City of Lubbock. V. The amounts assessed against and to be paid b« railways and street railways for work between rails and tracksand 2 feet on each side thereof Shall -e paid VD estimates or statements on or before twenty days after acceptance of the improvements in the unit in which the railway lies, by the City Council and shall bear interest from date due and until paid at the rate of 8% per aDDum. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in five (5) equal installations, the first of which shall become due on or before 20 days after completion and acceptance o' b tt hv theCity Council; the second third fourth the improvements in the unit »n which the propertyta u sa-~ four years respectively after completion and and fifth installments shall become due one, two, three, no u �eu r� � . = acceptance of the improvements in the unit upon which the property abutts, by the City Council and shall bear interest from the date of Completion and acceptance until paid, at the rate of eight percent per anMWm on street improvements and eight percent per annum on alley improvements, payable annually, with October 7, 1486 provisions that if default be made in the payment of any installment promptly as the same matures; then at the option of the holder of such assessment of certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made' IV' Assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney/s fees and costs of collection, if incurred, all under and in accordance with the Charter and amendments thereto" now in force in this City, and in accordance with the provisions of Article 11058 Revised Civil Statutes of Texas as amended by Chapter 281 of the 52Od Legislature, and most recent amended by Chapter 176 Acts of the 60th Legislature. VII. This resolution shall take effect and be in force from and after its passage' PASSED AND APPROVED THIS 7TH DAY OF OCTOBER, 1986 B. C. McMinn ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Tranaportion APPROVED AS TO FORM: John C. Ross, Jr., City Attorney This is the first of a series of five Resolutions and one Assessment Ordinance necessary to comply with State Statute Article 1I05-b V,8.T.S' in order to levy assessments for street and alley paving improvements. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to authorize Resolution #2439 as recommended by Staff' Motion carried: 7 Yeas; U Nays, 86-45A-447-701 (l5') Consider Resolution #2440 accepting pav Caprock Highway Construction Company on RESOLUTION #2440 RESOLUTION nts constructed RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF CITY STREETS AS DESCRIBED BELOW: WHEREAS, the City of Lubbock awarded a contract March 13, 1986 authorizing the construction of street maintenance improvements by Caprock Highway Construction Company on a portion of the following: (See attached List of Streets Improved) WHEREAS, the improvements upon the said portion of the City streets have been inspected and found to have been constructed according to the approved plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION l' THAT the improvements on said portions of the City streets BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to direct the final payment to the Contractor in the amount of $49,059,47- 448 October 7, 1986 SECTION 2. THAT this Resolution shall take effect and be in force after is passage. Passed by the City Council this 7th day of October, 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, Director of Transportation APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., CIty Attorney 1986 Maintenance Program List of Streets Improved Street From 34th Street Flint Avenue 34th Street Boston Avenue 34th Street Indiana Avenue East Broadway Quirt Avenue East Broadway Park Entrance Quirt Avenue Parkway Drive Indiana Avenue Loop 289 50th Street Slide Road 29th Street Slide Road Guana Avenue Idalou Road 82nd Street Slide Road Frankford Avenue 66th Street Avenue U 4th Street 21st Street Oxford Avenue 22nd Place Quaker Avenue Zenith Avenue East Broadway 26th Street Chicago Avenue Memphis Avenue 50th Street 15th Street University Avenue Salem Avenue 34th Street Oxford Avenue Brownfield Road Peoria Avenue 22nd Place Nashville Avenue 19th Street Memphis Avenue 34th Street 22nd Street Avenue Q East 23rd Street Avenue A East 4th Street Zenith Avenue 24th Street Quaker Avenue 24th Street 350' west of Nashville Ave. Chicago Avenue 19th Street 58th Street Avenue Q 42nd Street University Avenue Chicago Avenue 19th Street 41st Street and Indiana Intersection Avenue L 66th Street Avenue P 50th Street 32nd Street University Avenue East 31st Street Quirt Avenue Redbud Avenue East 31st Street To Indiana Avenue University Avenue Louisville Avenue Zenith Avenue 640' west alley north of Auburn 76th Street Chicago Avenue 630' west of Dover Avenue alley north of Cornell Avenue Frankford Avenue 82nd Street Clovis Road Memphis Avenue Memphis Avenue East 4th Street Dover Avenue 60th Street Avenue Q Brownfield Road 22nd Place 24th Street 30th Street 48th Street University Avenue Southeast Drive Guava Avenue Peoria Avenue Memphis Avenue Brownfield Road University Avenue Indiana Avenue Loop Access Road 70th Street Avenue Q South Drive Indiana Avenue Teak Avenue East 33rd Street This is a routine acceptance of the 1986 Street Maintenance Work on various portions of streets. The original Contract was $857,901.75 and Change Order #1 added $154,444.72 for a grand total of $1,012,346.47. The total final amount is $981,189.48 including the final amount of $49,059.47 which is due the Contractor upon the approval of this acceptance, and the $49,059.47 is the 5% retainage required in the Contract. This work consisted two -course seal coating of streets. Motion was made by Councilman Patterson, seconded by Councilman Nash to authorize Resolution #2440 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-448-702 (16.) Consider Resolution #2441 authorizing the Mayor to sign a Permit for ditch excavation on Burlington Northern Railroad company Right -of -Way. RESOLUTION #2441 October 7, 1986 449 jdnwortwelloul BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an agreement between the City of Lubbock and Burlington Northern Railroad for the excavation of a drainage ditch along railway right-of-way from Mile Post L-356.0 northeasterly along the west right-of-way of said railroad a distance of 1800 feet 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 part of this Resolution as if fully copied herein in detail. Passed by the City Council this 7th day of October, 1986. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney 86-45A-449-703 (17.) /s/ B. C. McMinn B. C. McMINN, MAYOR This Permit, granted by the Burlington Northern Railroad, is for excavating a ditch for drainage off East 19th Street in connection with paving improvements on East 19th Street by McLane FoodService, Inc. for their new warehouse and the platting of Planters Industrial Park Addition, Tract 6. Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Councilman Patterson authorizing Resolution #2441 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider Resolution Hearing for a propo Development Plan, T A-14. RESOLUTION #2442 japgo)irlil i Public RESOLUTION PROVIDING FOR NOTICE OF MEETING AND PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF LUBBOCK CONCERNING THE APPROVING OF AN AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE NEIGHBORHOOD DEVELOPMENT PROGRAM AREA APPROVED ON JUNE 11, 1970, AND PROVIDING FOR NOTICE OF SUCH MEETING AND HEARING. WHEREAS, the Urban Renewal Law of the State of Texas requires the City Council to hold a public hearing on a proposed Urban Renewal Plan before it may approve the Urban Renewal Plan after notice of hearing has been given by publications in the manner described and the City Council may proceed with such hearing after it has received recommendations from the Planning and Zoning Commission and the Urban Renewal Agency as to a Plan conforming with the general plan for development of the City as a whole; and WHEREAS, said Urban Renewal Law of the State of Texas makes the same requirements for amending an Urban Renewal Plan; and WHEREAS, it is proposed that the land uses be amended and updated to conform to the comprehensive land use plan of the City; and WHEREAS, it is further proposed that a tax increment financing district be created within the NDP area; and WHEREAS, the proposed amendment to the Plan was reviewed and approved by the Urban Renewal Agency on September 30, 1986, and by the Planning and Zoning Commission on October 2, 1986, and recommendations were made to the City Council; and WHEREAS, it is the purpose and intent of the City Council of the City of Lubbock, on this date and at this time and place specified in the form of notice contained in Section 1 hereof, to hold a public hearing on the question of passing an Ordinance approving and adopting the proposed amendment to said Plan; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the following notice is hereby ordered to be published by the City Council of the City of Lubbock, said notice to be published in the October 17, 1986, October 24, 1986, and October 31, 1986, issues of the Lubbock Avalanche -Journal (a newspaper having a general circulation to the City of Lubbock) said notice to be in the following form, to -wit: sA "NOTICE OF MEETING AND PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF LUBBOCK CONCERNING APPROVAL OF AN AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE NEIGHBORHOOD DEVELOPMENT PROGRAM AREA, APPROVED ON JUNE 11, 1970. Pursuant to the provisions of the Urban Renewal Law of the State of Texas, notice is hereby given that the City Council of the City of Lubbock will meet at the Municipal Building at 1625 13th Street, in the City Council Chambers on the llth day of December, 1986, at eleven o'clock, C.S.T., at which time and place said Council will conduct a public hearing on the question of, and will consider and determine whether or not it will approve an Amendment to the Urban Renewal Plan for the Neighborhood Development Program Area, approved June 11, 1970, consisting of a land use change which would conform to the comprehensive land use plan of the City, and establishing a tax increment financing district within the NDP area. At the aforesaid public hearing, each person will be given full opportunity to be heard, either in person or by his counsel, relative to the subject being considered, and likewise to present to and file with the City Council for its consideration, his written comments and recommendations relative to the subject." SECTION 2. THAT the City Council shall meet on the date and at the time and place specified in the form of notice and contained in Section 1 hereof and shall then and there hold a public hearing on the question of and consider and determine if it should pass on first reading an Ordinance to approve and adopt said amendment to the Urban Renewal Plan. Passed by the City Council of the City of Lubbock this the 7th day of October, 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/ Michele Hart Michele Hart, Assistant City Attorney This Public Hearing will be for public comment on the update of the land uses for the Neighborhood Development Plan which was originally approved by the City Council in June, 1970 and to establish the Tax Increment Financing District. This Plan was reviewed and recommended by the Urban Renewal Board of Commissioners on September 30 and was reviewed by the Planning and Zoning Commission on October 2. Staff suggested the date for the Public Hearing be set for December 11, 1986, at 11:00 a.m. with publication of the Notice scheduled for October 14, 17, 31, 1986. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #2442 setting the date and time of the Public Hearing for a proposed amendment to Urban Renewal Neighborhood Development Plan, TEX. A-14 for December 11, 1986 at 11:00 a.m. as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-450-704 (18.) Consider Ordinance #8981 establishing a 45 mph speed limit on Indiana Avenue, from 50th Street to 82nd Street, and a 50 mph speed limit on Indiana Avenue. from 82nd Street to the South Citv Limits. ORDINANCE #8981 rf;1 ' 1 :•: AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON CERTAIN PORTIONS OF INDIANA 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. A recent Speed Study on Indiana Avenue shows the 85th percentile speeds to be 46 mph between 50th Street and 82nd Street, and 49 mph between 82nd Street and the South City Limits. Therefore, Staff recommended establishing speed limits of 45 mph and 50 mph respectively. The current speed limits are 40 mph and 45 mph respectively. Motion was made by Councilman Nash, seconded by Councilman Patterson passing on first reading Ordinance #8981 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. October 7, 1986 451. 86-45A-451-705 (19.) Contract w/ original Resolution Consider Resolution #2443 authorizing the Mayor to execute a contract with PRC Engineering, Inc., for the Cable Relocation Design Project. RESOLUTION #2443 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 an Agreement between the said City and PRC Engineering, Inc., for consulting technical and/or professional services with the Cable Relocation Design Project, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall con- stitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 7th day of October, 1986. /s/ B. C. McMInn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ David Woosley David Woosley, Traffic Engineer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney On January 9, 1986, the City Council approved the selection of PRC Engineering, Inc., for the Traffic Signal Cable Relocation Study, in conjunction with I-27. The purpose of this Study is to do detailed plans and specifications to relocate the City's interconnect cable for the computerized signal system in I-27 Right -of -Way from 19th Street to 50th Street. The estimated time to complete this is two months, at which time the Firm will submit these to the City for coordination and review. After the City has returned those to the Firm, they will finalize the plans thirty days after City's approval. During the past nine months, the State Department of Highways and Public Transportation has been reviewing and altering the proposed Contract between the City and PRC. The cost of this project is $43,600 and will be reimbursed by the State. Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Councilman Phillips to authorize Resolution #2443 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-451-706 (20.) Consider Resolution #2444 authorizing the Mayor to sign Library Services Contract with Lubbock County for 1986-87. Contract w/ original RESOLUTION #2444 Resolution 452 October 7, 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 for and on behalf of the City of Lubbock a Library Services Contract by and between the City of Lubbock and Lubbock County, 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 7th day of October, 1986. ATTEST: Rangtte Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Rita Harmon Rita Harmon, Assistant City Manager APPROVED AS TO FORM: /g/ Michele Hart Michele Hart, Assistant City Attorney Lubbock County has submitted a Library Services Contract for I985-87 which provides for total, county -wide funding for library services in the amount of �58O 4OO which is ` � distributed to the various cities in Lubbock County. The City of Lubbock's share of the funds to be distributed is calculated by averaging the percent of population and the percent of assessed value within the city limits and that amount is $538,280. Fiscal year 1988-87 will be the third year that the County's library services con- tribution is computed using a formula based on assessed value and population. This funding arrangement was negotiated in 1983 and with the exception of the funding amount, the proposed I986-87 Contract is identical to the Contracts from the past two years. The $538,280 contribution for the City of Lubbock is 2'7% more than the $524,0I8 contribution for 1985-86 and the City of Lubbock's share in 1984-85 was $485,510. During the I986-87 budget preparation process, $525°000 was used as the projected County contribution. Thus, the actual amount to be received will be $I3,280 more than the budgeted amount. Thispast year, a Study of the City of Lubbock library system was completed to determine what services visitors use, what changes would visitors like to see and what changes could be made to attract non -visitors. Patrons were asked to rate twenty services or conditions based on their level of importance and the level of improvement needed. The highest priority for both the facilities was the availability of books, particularly at GVdoke' For this reason, Staff recommended that the additional $I3,280 be used for book collection with any additional funds from the County as a result of the redistribution of unexpended library funds being used for the collection. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Carpenter to authorize Resolution #2444 as recommended by Staff and designating that any additional funds from the County be used for the book collections' Motion carried: 7 Yeas; O Nays. 86-45A-452-707 (2I') Consider Resolution #2445 accepting water and sewer improvements in Lakeridge Country Club Estates, Lots 691-768. RESOLUTION #2445 RESOLUTION RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 591 THROUGH 768° LAKERIDGE COUNTRY CLUB ESTATES ADDITION. WHEREAS, the developer Of Lots 691 through 708, Lakeri6oe Country Club Estates Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 158 of said Chapter 28, and WHEREAS, the total utility cost to the developer is $97,78I'02 with the improvements constructed by Panhandle Construction Company having a value of $56,394'04 as determined by the unit prices established by said Chapter 34, and $41,386-98 cash and refund credit paid to the City, with Lakeridge Country Club Estates, the developer, to receive no refund in accordance with Chapter 28 of the Code of the City of Lubbock, and October 7, 1986 453 WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION I' THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2' THAT this resolution shall take effect and be in force from and after its passage' Passed by the City Council this 7th day of October, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney Motion was made by Councilman Patterson, seconded by Councilman Phillips authorizing Resolution #2445 as recommended by Staff. Motion carried: 7 Yeas; U Nays' 86-45A-453-708 (22.) Consider authorizing payment of fee for financial services. A statement for financial services from First Southwest Company for the $4'2 million Certificates of Obligation for the purpose of purchasing sewer farm was received. The fee is calculated according to the schedule on the Contract o1Qnpd with First Southwest Company in February, 1984- Statements were also received from Moo6v/o Investors Services, Standard and 9oor's Corporation, and the Attorney General's Office for bond rating and processing fees. The total coat for issuance of these Certificates of Obligation is $29,900 and First Southwest Company has taken care of all related expenditures and the Citv/s payment to them will be payment for all issuance costs' The Certificates of Obligation were sold without any problems and Staff received a vary favorable rate on those certificates. The fee is in compliance with the schedule provided for in the Contract that was signed with First Southwest in February of 1984; therefore, Staff recommended authorization of the payment. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize payment of fees for financial services as recommended by Staff. Motion carried: 7 Yeas; O Nays. 86-45A-453-709 (23') Consider approving proposed Fee Schedule for Independent Auditors. Staff received a letter from Mason, Warner & Company setting out their maximum fee for the audit for the fiscal year ending September 30, 1986. The maximum fee, as indicated in the letter, is $75,000 and the actual fee paid for last year's audit was $69,000. The increase in total fees for FY 1988 is due to increased work required for compliance with Federal Grant Audit Requirements and testing of internal control procedures of the new Automated Financial Accounting System. There were some increases in the hourly rates that Staff made the Council aware of. � 1985Personnel 1986 Increase Partner $115 «II5 U Manager 84 85 I'2% Supervisor 63 64 1'6% Senior 52 53 1'9% Staff 42 43 2.4% This year, Mason, Warner & Company proposed to perform -the 1986 annual audits for the Convention Bureau and Transit Departments, currently being performed by other firms' In order to comply with Generally Accepted Governmental Audit Standards, the financial statements of the Convention Bureau and Transit Department are incorporated into the City of Lubbock comprehensive Annual Financial Report' While the work performed by the other audit firms is acceptable, Mason, Warner & Company must examine a significant number of transactions in order to comply with Federal Grant Audit Requirements and Generally Accepted Governmental Audit Standards, thus there is a duplication of audit effort. Mason, Warner & Company proposed a fee of $1,800 for their audit of the Convention and Tourism Bureau and $3,000 for the Transit audit which will be the second annual audit 454 October 7, 1986 on a five-year Contract with Mason, Wapner, Staff recommended the increase in fees as fair based upon the increased work. It is late in the year to advise the Tourism and Convention and the Transit Department that they would have new auditors and Staff is aware that the Transit Department has already contracted for their audit. Staffrecommended approval of the fee schedule; however, due to the probability that Tourism and Convention and Transit have already begun their audit, Staff recommended that they not be added until the 1986-87 fiscal year. Motion was made by Councilman Nash, seconded by Councilman Phillips approving Fee Schedule for Independent Auditors as recommended by Staff and stipulating that this not include audits for the Convention and Tourism and Transit Departments. Motion carried: 7 Yeas; 0 Nays. 86-45A-454-7I0 (24^) Grant Application w/ cation to the Texas Department of Community Affairs to expand the original Resolution Information and Referral System. RESOLUTION #2446 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 Grant Application and all related documents- Said Grant Application to be submitted to the Texas Department of Community Affairs and to be in the amount of Twenty-five Thousand and Nn/lOO Dollars (t25,000'00) for the purpose of expanding the Information and Referral System in the area of dependent Cape services and for planning of after -school childcare services, a copy of the Grant Application is attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes 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 7th day of October, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Vaughn Hendrie, Director of Community Relations APPROVED AS TO FORM: /s/ Laura J. Monroe Laura J. Monroe, Assistant City Attorney The Texas Department of Community Affairs has invited the City Community Services Department to submit an application for funding to promote improved services in the fields of dependent care and school -age child care and the deadline is October 17, 1986. Eight local projects will be selected and grants of up to $25,000 will be awarded to selected agencies' A 25% in -kind match would be required and is available through City support of Community Services Department activities that exceeds local match of Community Services Block Grant. The application will outline strategies for surveying existing services for dependent individuals, including young people, senior citizens and handicapped persons. It also will propose specific Information and Referral efforts to make these services known to the community and forty percent of the Grant can be spent on this portion of the project. Sixty percent of the funds can be spent to enhance Child care services for school -age children before and/or after school and this can include surveying com- munity needs, determining available resources and working with local agencies to expand these services. Funding cannot be used for the operation of any information and referral service or for the operation Of any child cape program. Eligible expenditures include meeting and conference expenses, telephone and printing Charges, program advertising, indirect cost allocations and administrative costa (including audits) up to 5'26% of the Grant' Motion was made by Councilwoman Trejo, seconded by Councilman Patterson to authorize Resolution #2446 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays' October 7, 1986 455 86-45A-455-7I1 /25'\ BID #9112--Truck cab and chassis for front and sideloading packer body South Plains Int. Trucks--8 motor truck cab and chassis for 30 vd loader; l motor truck cab and chassis for 31 vd packer body. Motion was made by Councilman Nash, seconded by Councilman Patterson authorizing low bid meeting specifications. Motion carried: 7 Yeas; O Nays. 86-45A-455-7I2 (28 \. ' ' RFP #9092--Computer Mainframe Networking System. Applied Data Research, Inc', Princeton, NJ --Purchase of software mainframe networking system; annual maintenance fees. Motionwas made by Councilman Nash, seconded by Councilman Patterson authorizing low bid meeting specifications. Motion carried: 7 Yeas; O Naya- 86-45A~455-713 (27.) Bid Emco Industries, Inc', Plainxiew--8-30 cu' yd sideloading packer body. Pak Mur Mfg. Co', San Antonio --I refuse collection packer and front container hoist. The Staff recommended going with the higher of the two bids received, primarily because of the delivery data- Emco Industries, Inc. in Plainview, Texas can deliver the trucks t days earlier than Pak Mo7 Manufacturing Company of San 8DtuDiu, The Emco bid is $4,653 more than the Pak Mor bid; however, the cost to keep the eight units in service for an additional thirty days is estimated at approximately $I6,000. Staff has experienced with both Pak Mor and Emco equipment, and have found that service in both special repairs and parts delivery is much more available because Emco is only 46 miles away in Plainview, and in many situations the City has received immediate delivery Of parts. Staff recommended awarding the bid to the higher bidder in this particular case because ofthe delivery date and availability of service and parts' Motion was made by Councilman Nash, seconded by Councilman Patterson authorizing awarding bid to the higher bidder in this case and stipulating a written guarantee of 30 days for delivery,. Motion carried: 7 Yeas; O Nays. 86-45A-455-714 -� (28') BID #9117--3 CY sideloading containers (Sanitation Department). Hub'[1ty Steel & SUpply__500-3 Cu, yd~sidgToadiDg containers. Motion was`mado by Councilman Nash, seconded by Councilman Patterson authorizing low bid meeting specifications- Motion carried: 7 Yeas; O Nays. ^ 86-45A-455-7I5 (2g') BID #9124--Paving improvements for Lake #6 and Atz1an Park, andauthorize same (Engineering Department). RESOLUTION #2447 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 Kerr Construction Company for paving improvements for Lake 5 and Atzlan 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 if fully copied herein in detail' Passed by the City Council this 7th day of October, 1986. MAYOR B.C. McMINN, ATTEST: RaDette Boyd, City Secretary APPROVED AS TO CONTENT: Gene Eada, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Kerr Construction Co. --paving improvements for Lake 6 and Atzlan Park' Motion was made by Councilman Nash, seconded by Councilman Patterson authorizing Resolution #2447- Motion carried: 7 Yeas; O Nays' There being no further business, motion was made by Councilman Patterson" seconded by Councilman Nash to adjourn the meeting at 9:20 a.m. C. McMINN, MAYOR ATTEST: READ AND APPROVED THIS 23RD DAY OF OCTOBER, 1986. 'B. McMINN, MAYOR ATTEST: Ranette�Boyd, City Secretary