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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/28/1980617 • CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING August 28, 1980 9:30 A.M. The City Council of the City of Lubbock, Texas, met for its regular meeting Thursday, August 28, 1980, 9-30 a.m. in the City Council Chambers, Second Floor, City Hall. Those present: Mayor Bill McAlister, Mayor Pro Tem Alan Henry, Councilman E. Jack Brown, Councilman M. J. Aderton, Councilwoman Joan Baker, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: None 80-39A-617-868 The invocation was given by Assistant City Manager Jim Blagg. ( 1) 80-39A-617-869 The Pledge of Allegiance to the Flag was given in unison by those present in the Council ( 2) Chambers. At 9:30 a.m., Mayor Bill McAlister announced that an Executive Session would be held for the purpose of considering land acquisition. This Session is in accordance with Section 2-F, Art. 6252-17, V.A.T.S. 80-39A-617-870 Approval of Minutes - Regular Meeting, August 14, 1980 ( 3) The motion was made by Councilman Aderton, seconded by Councilwoman Baker to approve the above referenced minutes. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. Citizen Appearances 80-39A-617-871 Special presentation to Water Resources Board ( 4) Mayor McAlister indicated that this item would be held and considered at the September 11, 1980 Regular Meeting. Councilman Brown presented a letter and publication to Mayor McAlister from the Mayor of Milagro, Ecquador, on behalf of the missionary group from Lubbock who recently visited this community. 80-39A-617-872 Ordinance No. 8083 ( 6) An appropriation ordinance for the purchase of land and right-of-way for.a, 230,000 volt transmission line and substation (Electric Capital Projects Fund). rel Iq 0 ki � �-* M, AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of capital project funds; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out the following described bond fund, to -wit: CAPITAL PROJECT FUND mm The sum $100,000 For the following purpose: For purchase of land adjacent to Holly Avenue Generating Station for expansion of the switchyard and for right of way from Holly Plant to Southwestern Public Service Company's Jones Station for 230,000 volt interconnect. Passed by the Council on first reading this 14th day of August, 1980. Passed by the Council on second reading this 28th day of Auust, 1980. ATTEST: Isl Evelyn Gaffga CITY SECRETARY -TREASURER Isl Bill McAlister MAYOR I VERIFIED BY:-/s/J. Robert Mass FINANCE OFFICER ale Utiliv. APPROVED BY:/s/ Carroll McDonald Sales , HEAD OF DEPT. DE' 80-39A-618-873 Ordinance No. 8085 7) An appropriation ordinance for sanitation equipment (Bid #5937) (Sanitation Capital Reserve Fund). DGV:cl ORDINANCE NO. 8085 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT there BE and is hereby appropriated out of the following fund, to - wit: Fund 30 Capital Reserve, the following sum; 6063: Residential Collections. 12 Front Power Take Off Systems ............... $33,000.00 TOTAL $33,000.00 Such sum is required for the purchase of equipment needed in residential sanitation service. AND IT IS SO ORDERED. Passed by City Council on first reading this 14th day of August 1980. Passed by City Council on second reading this28th day of August 1980. ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: Isl Donald G. Vandiver Isl Bill McAlister BILL McALISTER, MAYOR • I . Isl Robert Massengale Robert Massengale, Finance Officer APPROVED AS TO CONTENT: Isl Denzel Percifull Service IT. Donald G. Vandiver, Asst. City Attorney Denzel Percifull, Director Public Services 619 .. lJ 80-39A-619-874 Ordinance No. 8086 ( 8) An appropriation ordinance for 18" VCT sanitary sewer main (Bid #5749) (Sanitary Sewer Bond Fund). AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: Sanitary Sewer Capital Project Fund The sum $51,756.01 For the following purpose: City's share in cost of 18 inch sewer main to serve Shadow Hills Addition. Contract $103,199.00 Engineering 6,191.94 Total $109,390.94 Developer's Share 57,634.93 City's Share $ 51,756.01 AND IT IS SO ORDERED Passed by the Council on first reading this 14th day of August, 1980. Passed by the Council on second reading this 28th day of August, 1980. ATTEST: /s/ Evelyn Gaffga CITY SECRETARY -TREASURER s/ Bill McAlister MAYOR VERIFIED BY: /s/ Robert Massengale FINANCE OFFICER APPROVED BY:/s/ Wilford D. Watson Water Utilities HEAD OF DEPT. DEPT. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance Nos. 8083, 8085 and 8086 on second and final reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 80-39A-619-875 Ordinance No. 8082 ( 9) An ordinance amending Chapter 34.10 of the Code of Ordinances concerning water rates, as amended. Following the first reading of the Ordinance on August 14, 1980, the proposed rates being effective October 1, 1980, and an additional 10% increase effective October 1, 1981, and a 5% increase on October 1, 1982, to clarify the manner, regarding the proposed rates for Texas Tech University was inserted, reflecting that the University will comply with the same proposed rate increase, and the referenced timetable. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance No. 8082 as amended. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. DGV/pg ORDINANCE NO. 8082 AN ORDINANCE REVISING WATER RATES AS CONTAINED IN SECTION 34-10 OF THE LUBBOCK CITY CODE; REVISING THE MINIMUM WATER RATES AS CONTAINED IN SECTION 34-11 OF THE LUBBOCK CITY CODE; REVISING WATER RATES AS APPLICABLE TO TEXAS TECH UNIVERSITY AS CONTAINED IN SECTION 34-12 OF THE LUBBOCK CITY CODE; AND PROVIDING FOR PUBLICATION. 620 AUG 2 8 1980 80-39A-620-876 (10) }Ord No. 8084 amends Ord. 7510 dated 8/11/77 80-39A-620-877 (20) Ordinance No. 8084 An ordinance amending Chapter 19.6 of the Code of Ordinances providing for penalty provisions for violation of the fireworks regulations. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8084 on second and final reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:bs AN ORDINANCE AMENDING ORDINANCE NO. 7510, CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ADDING A PENALTY CLAUSE TO REGULATION OF FIREWORKS; PROVIDING FOR PUBLICATION, AND PROVIDING A SAVINGS CLAUSE. Resolution No. 592 A resolution authorizing the Mayor to sign an extension agreement between the City and the Steering Committee of the Urban Transportation Study. This resolution authorizes a one-year extension of the contract to August 31, 1981, said contract providing for work to be done by City staff regarding the Lubbock Urban Transportation. Study Plan. These tasks will be funded by Section 112 from the Federal Highway Administration. Lubbock's allocation is $44,600 to fund an accident study, engineering contingency plan, the inventory system, population economic study, and of which $30,000 of the sum allocated will be appropriated to the Digital Traffic System Study. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Resolution No. 592 authorizing the agreement extension. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Council Baker voting Yea; none voting Nay. RESOLUTION NO. 592 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 extension to the agreement between the City of Lubbock and the Steering Committee of the Lubbock Urban Transportation Study (Metropolitan Planning Organization), at- tached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th ATTEST: /s/_Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: day of August ,1980. /s/ Bill McAlister BILL McALISTER, MAYOR /s/ B. H. McDaniel B.H. McDaniel, Traffic Engineering Director APPROVED AS TO FORM: /s/ Susan M. Tom Susan M. Tom, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK This Contract, entered into this 28th day of August, 1980, by and between the Steering Committee of the Lubbock Urban Transportation Study (Metropolitan Planning Organization), hereinafter referred to as the "MPO" and the City of Lubbock, Texas, hereinafter referred to as the "City". 621 WITNESSETH Whereas, on October 23, 1975, the MPO entered into a contract with the City of Lubbock, Texas; Now therefore, it is hereby agreed that the aforementioned contract of October 23, 1975, shall, subject to the condition hereinafter stated, be extended to cover the period from September 1, 1980, through August 31, 1981. Work will be performed as set forth in the Unified Work Program FY 1981 (September 1, 1980 - August 31, 1980). Condition: Exhibit "B" attached hereto shall replace Exhibit "B" as attached to the aforementioned contract of October 23, 1975. In testimony whereof, the parties hereto have caused these presents to be executed on the aforementioned date. PARTY OF THE FIRST PART Steering Committee Lubbock Urban Transportation Isl Edgar E. Chance Edgar E. Chance, Chairman ATTEST: Isl Glenn Y. Johnson Glenn Y. Johnson, Secretary Date EXHIBIT B Party of the second part City of Lubbock Isl Bill McAlister Bill McAlister, Mayor ATTEST: /s/Evelyn Gaffga Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: Isl Susan M. Tom SUSAN M. TOM ASSISTANT CITY ATTORNEY Summary of Section 112 funding to be received by City of Lubbock for listed tasks to be performed during FY 1981 (September 1, 1980 - August 31, 1981) Task No. Task Description 201.11 Accident Study 502.11 Energy Contingency Plan 601.11 City of Lubbock Phase Street Inventory 1 & 2 701.11 Population & Economics Study 802.11 Traffic Engineering Study III Total Man Hours Fringe Benefits at 30.7% To be used by City of Lubbock to retain consulting firms Travel Printing & Xerox Total 112 Funds $ 600.00 2,500.00 10,000.00 1,500.00 30,000.00 $ 44,600.00 $ 9,181.00 2,819.00 31,500.00 300.00 800.00 $ 44,600.00 622 4 AVG 1980 80-39A-622-878 Ordinance No. 8087 (21) An ordinance amending Ordinance No. 7328 extending the 20 MPH school zone .on Elgin Avenue north and south of 58th Street (Emergency Measure). The proposed ordinance will extend the 20 mph school zone on Elgin Avenue south from 61st Street approximately 100' and places the intersection at 60th Street and Elgin Avenue within this referenced school zone. School crosswalks at 60th and Elgin will also be installed for further protection. The proposed ordinance was a joint effort with the Parsons Elementary School Safety Committee, and is recommended that it be passed as an emergency measure inasmuch as the 1980-81 school year has commenced. In response to Council query as to whether the paved alley is serving the designated purpose, the staff's response indicated that the alley was being used very little, but it was the hopes of the School Safety Committee to encourage the use of the alley to alleviate traffic congestion. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Ordinance No. 8087 as an emergency measure. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. AA:bs ORDINANCE NO. 8087 AN ORDINANCE REPEALING ORDINANCE NO. 7328 OF THE CITY OF LUBBOCK; ESTABLISHING A 20 MPH ZONE FOR TRAFFIC BETWEEN THE HOURS OF 7:45 A.M. AND 3:30 P.M. ON SCHOOL DAYS ON BOTH SIDES OF ELGIN AVENUE IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AT THE LOCATION HEREIN SET FORTH 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 SAVINGS CLAUSE AND FOR PUBLICATION HEREOF AND A PENALTY CLAUSE AND DECLARING AN EMERGENCY. 80-39A-622-879 Consider the allocation of Community Development Block Grant contingency (22) funds for the operational support of the Business Development Center of the American GI forum. 80-39A-622-880 Resolution No. 593 (23) A resolution authorizing the Mayor to execute a Funding Agreement between the City and the Business Development Center. At the 8:30 Work Session, the Council was apprised to the effect that a recent letter from the Regional HUD Office in Dallas indicated that the Business Development Center would not be eligible for CD funding for the reason that the City does not have in force and effect an economic development strategy plan. Historically, the Center submitted an application for funding assistance in December, 1979, and it was recommended at that time that they submit their application to the Community Development Advisory Commission (CDAC) for the appropriate consideration, public hearing and subsequent recommendations. These requested steps have been complied with, and indication from the HUD Office was to the effect that the Center would qualify for the requested funding, the Regional Office apparently assuming that such a strategy plan was in force and effect with the City. Upon realization and confirmation that such a Plan is not in effect, the recent letter from the Dallas Regional Office dated August 27, 1980 so indicates that the Center is ineligible for CD funding. The staff indicated they had conferred with the proponents of the application who likewise did not realize that a Development Strategy Plan for the City of Lubbock was not in force and effect. At the Regular Council Meeting, these points were briefly reiterated, it being pointed out that the Center would need a continual funding assistance; that the implementation of such a development strategy plan is very involved and very costly requiring in-house staff and other factors involved; that the earliest timetable to secure approval of such a plan, if so directed by the Council, would be in January, 1981, the alternate timetable for the preparation and implementation of such a timetable being June 1, 1981; it being called to the Council's attention that the preparation of such a plan would be very costly, and this had been the first and only request for such a strategy plan to date, thus the reason for such a plan not being enacted previously. 623 Mr. Tomas Garza, on behalf of the Business Development Center, appeared at the Regular Session and explained in great detail some of the problems that the Center encounters as far as the smaller minority businesses not qualifying for SBA or other types of funding agencies; that the change in the Federal regulations by the Department of Commerce had placed.the road block for minority businesses qualifying for SBA loans by stipulating that each business must generate a gross revenue of not less than $150,000 or have not less than five employees; that these guidelines eliminate many of the smaller businesses from qualifying for SBA funding. Mr. Garza elaborated on the fact that the service that the Center provided for which they need the requested funds is to assist these people in putting together their loan package for consideration by the SBA or a local banking institution, to establish fair bookkeeping systems, to instruct them in the preparation of payroll, payroll taxes, annual federal and state income tax forms, etc.; that the staff at the Center consists of three full time employees -- a director, plus one CETA employee serving as procurement officer and one CETA employee serving as secretary. In response to Council query as to the conflict such a program would have with the existing SPAG program, Mr. Garza responded that SPAG businesses were primarily industrial in nature and not of the smaller variety. Following extensive discussion and evaluation of the facts involved, the motion was made by Councilwoman Baker, seconded by Councilman Brown to DENY the above requested allocation and the resolution regarding the funding agreement with the Business Development Center. Motion carried: Councilmen Brown and Aderton and Councilwoman Baker voting Yea; Mayor McAlister and Mayor Pro Tem Henry voting Nay. 80-39A-623-881 Resolution No. 594 (24) A resolution authorizing the Mayor to execute amendments to the 1976-77, 1977-78.and 1978-79 Urban Renewal AgencX funding agreements in this Community Development Block Grant program. The Urban Renewal Agency is requesting amendments to the 1976-77, 1977-78 and 1978-79 program years. Apparently, there are small amounts of unused funds in the various programs resulting where work has been substantially completed and the total amount allocated was not needed. The request is to reallocate these monies primarily for rehabilitation in the Arnett Benson area, Stubbs School and the Bozeman neighborhood areas as follows: 1976-77 $ 30,894 1977-78 67,518 1978-79 117,673 Total $216,085 The Arnett Benson area would be reallocated by $97,160 to be used for 14 acquisitions, the relocation of 16 households, and the rehabilitation of 28 housing units, all work to be done in the 3100 Block of Auburn. The remainder unused funds would be used in the Bozeman and Stubbs areas--$48,123 to the Bozeman area for rehabilitation of 5 housing units, and $51,800 for the Stubbs area for the rehabilitation of 6 units. Mr. Jim Story, on behalf of the Urban Renewal Agency, appeared before the Council to answer any questions they might have regarding the above recommendations. There being no questions, the motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Resolution No. 594, approving the above referenced amendment, Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:bs RESOLUTION NO. 594 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AMENDMENTS TO THE 1976-77, 1977-78 AND 1978-79 URBAN RENEWAL FUNDING AGREEMENTS OF THE CITY OF LUBBOCK COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, the Urban Renewal Agency and the City of Lubbock have executed second, third and fourth year funding agreements pursuant to the Housing and Community Development Act of 1974; and WHEREAS, it is necessary to reallocate these previously authorized funds within the program to make efficient use of them; and WHEREAS, these amendments have been approved by the Urban Renewal Board of Commissioners and the Community Development Advisory Committee; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a revised funding agreement with the PONA. AUG 2 8 1980 Urban Renewal Agency of the City of Lubbock, a copy of which 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 bea part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of August 1980. /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffaa Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: Isl Susan M. Tom Susan M. Tom, Asst. City Attorney *NOTE: Agreement is attached to original Resolution No. 594. 80-39A-624-882 Resolution No. 596 (26) A resolution authorizing the acquisition of a certain parcel of land for the purpose of park development in the Yellowhouse Canyon Lakes project, and authorizing the institution of condemnation proceedings, as. required. At the June 12, 1980 Regular City Council Meeting, the above referenced parcel (authorizing $9,800) was offered to the property owner, Mr. Raymond Puckett. Mr. Puckett has declined the offer and indicated he would settle without condemnation for $10,400. The Urban Renewal Agency recommends that this increase of $600 be offered to Mr. Puckett, which would be less expensive than to enter into condemnation proceedings. Fourteen offers had been authorize( by the Council regarding this lake area development with condemnation proceeding: having started on seven of them, three additional condemnation proceedings are very likely, two have been settled and closed, and one was authorized to increase the offer to avoid condemnation. It is the staff's recommendation that Mr. Puckett's counteroffer for settlement is not out of line, and requests Council approval of same. It was noted that the property has been appraised and a review appraisal has been done as stipulated by the Federal guidelines. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 596 authorizing a counteroffer to Mr. Raymond Puckett in the total sum of $10,400. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilman Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT: b s RESOLUTION NO. 596 A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND FOR THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE YELLOWHOUSE CANYON LAKES PROJECT; AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED. WHEREAS, it has been determined by the City Council that a certain parcel of land located in the vicinity of Lake 6 in the Yellowhouse Canyon Lakes Project within the City of Lubbock, Lubbock County, Texas, should be acquired and developed for public park purposes; and, WHEREAS, the Department of Housing and Urban Development (HUD) has con- tracted with the City of Lubbock to provide funds through the Community Development Program to aid in the development of such a project; and, WHEREAS, it is necessary to acquire for public park purposes the fee simple title to the land hereinafter described, owned by Raymond Puckett; and, WHEREAS, the City Council has caused two appraisals to be made of said land and the value and total damages, if any, to the owner, and all others whose interest may appear, for fee simple title to said land has been appraised, and the City Council finds the price offered to be fair and equitable; NOW 625 9TAUUM BE 'IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of developing a public park the fee simple title to the land lying and being situated in Lubbock County, Texas, and described as follows, to -wit: Parcel No. 72090-0-850: Lot 163, Puckett Suburban Homes Addition Purchase Price - $10,400.00 (Ten Thousand Four Hundred and No/100 Dollars) THAT the owner, and all others whose interests may appear, be offered through the Urban Renewal Agency of the City of Lubbock, Texas, the amount established as the fair market value and total damages, if any, for fee simple title and acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock, being the amount hereinabove stated, and that unless accepted forthwith the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire fee simple title to said land, as hereinabove described, for public park purposes. Passed by the City Council this 28th day of August , 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: Isl Susan M. Tom Susan M. Tom, Assistant City Attorney 80-39A-625-883 Resolution No. 597 (27) A Street and Alley Use License in the Revier Farm Addition, and authorize same. An irrigation well is located in the north right-of-way of llth Place in the Revier Farm Addition, developer Ken Flagg has requested a Street Use License to leave the irrigation well in the right-of-way so that he may maintain and irrigate the undeveloped portion of this subdivision until the development is ready for residential occupation. The license is for a period of three years at a cost of $20 annually, to be paid in lump sum. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Resolution No. 597 granting a Street and Alley Use License to developer Ken Flagg. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 597 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a street and alley use license between the City of Lubbock and Maxey Lumber Company, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of August - '1980. ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl D. Jennings Don Jennings, City Engineer APPROVED AS TO FORM: Isl Bill McAlister BILL McALISTER, MAYOR Isl Don Vandiver Don Vandiver, Assistant City Attorney ME STREET AND ALLEY USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK § This indenture made this 28th day of August , 1980, between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and MAXEY LUMBER COMPANY, Lubbock County, Texas, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use portions of dedicated streets and alleys situated in Section 9, Block J-S, Lubbock County, Texas, for an existing irrigation well and water irrigation lines, such as are further described as follows: An irrigation well already existing upon a portion of llth Place, more exactly described as follows: BEGINNING at a point which bears N. 89'59' E., 465.33 feet from the Southeast corner of Lot 92, Corrected plat of Lots 1 through 125, Revier Farm, an Addition to the City of Lubbock, Lubbock County, Texas; THENCE N. 89*59' E. a distance of 10.00 feet; THENCE South a distance of 9.00 feet; THENCE S. 89059' W. a distance of 10.00 feet; THENCE North a distance of 9.00 feet to the Point of Beginning. A water irrigation line to be installed in a portion of an alley, more exactly described as follows: BEGINNING at the most Northerly corner of Lot 107, Correct plat of Lots 1 through 125, Revier Farm, an Addition to the City of Lubbock, Lubbock County, Texas; THENCE N. 45' E. a distance of 20.00 feet; THENCE S. 45' E. a distance of 20.00 feet; THENCE S. 45' W. a distance of 20.00 feet; THENCE N. 45* W. a distance of 20.00 feet to the Point of Beginning. A water irrigation line to be installed in a portion of 10th Drive, more exactly described as follows: BEGINNING at the most Northerly corner of Lot 79, Corrected plat of Lots 1 through 125, Revier Farm, an Addition to the City of Lubbock Lubbock County, Texas; THENCE N. 45* E. a distance of 56.00 feet; THENCE S. 45' E. a distance of 20.00 feet; THENCE S. 45* W. a distance of 56.00 feet; THENCE N. 45* W. a distance of 20.00 feet to the Point of Beginning. A water irrigation line to be installed in a portion of an alley, more exactly described as follows: BEGINNING at the most Northerly corner of Lot 68, Corrected plat of Lots 1 through 125, Revier Farm, an Addition to the City of Lubbock, Lubbock County, Texas; THENCE N. 45' E. a distance of 20.00 feet THENCE S. 45' E. a distance of 20.00 feet THENCE S. 45' W. a distance of 20.00 feet; THENCE N. 45' W. a distance of 20.00 feet to the Point of Beginning. 1. The terms of this grant shall be for three years and the City of Lubbo retains the right, at its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at 124 N. University, Lubbock, Texas or the last known address of LICENSEE. Upon expiration or cancellation and revocation of this license by the I CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improveme 4 s mm the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall enter possession, and remove or cause to be removed such improvements and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such grant the sum of SIXTY AND N01100 ($60.00) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE. 3. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement and repairing of paving, ,sidewalks and utilities of any nature occasioned by the construction as authorized by this license. 4. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the rerouting or realignment of any public utility, franchised utility, or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its expense of such relocating or rerouting over and above the expense which would have been incurred except for LICENSEE'S use herein. S. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above set out property, then and in that event said LICENSEE, his heirs and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance and use permitted herein. The CITY OF LUBBOCK, at its option, may.require an agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. The CITY OF LUBBOCK may further require such contractor, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement and a certified copy of a policy of public liability assumed by contractor in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any posts or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 7. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 8. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance except as specified in Paragraph Five (5). 9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK BY Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer M. k APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, City Engineer APPROVED AS TO .FORM: /s/ Don Vandiver Don Vandiver, Assistant City Attorney AGREED TO AND ACCEPTED this 2nd day of September , 1980. LICENSEE: BY /s/ Theo Cheaney Theo Cheaney, PRESIDENT 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 Bill McAlister, Mayor, known to me 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 consideration therein expressed and in the capacity therein stated. •'1 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 29th day of August , /s/ Mary C. Gonzales Notary Public, Lubbock County, Texas My Commission Expires: 8-30-84 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 Theo Cheaney, president of Maxey Lumber Co., known to me to the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said company. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2nd day of Sept. , •:i /s/ Lyman Uland Notary Public, Lubbock County, Texas My Commission Expires: 12/9/80 80-39A-628-884 Ordinance No. 8096 (28) An ordinance to abandon and close a street in McCrummens Second Addition. The proposed ordinance would close 20th Street between McCrummen Park Subdivision and Dupree School Subdivision and Avenue U and T, to provide additional parking for the Senior Citizens Center which is to be located in the old Godeke Branch Library at 19th and Avenue T. The closure on 20th Street would allow for 39 parking spaces, to be funded from Community Development funds for the Senior Citizens Center. The Parks and Recreation Department has consulted with the Independent School District, who in turn requested that 18 to 20 of the parking spaces be used by the Dupree Elementary School staff during the school hours. If this is amenable, the School will be expected to assume part of the cost of converting this to parking. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8096 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 629 "J DGV:cl ORDINANCE NO. 8096 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTION OF A PUBLIC STREET IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SUCH STREET; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39A-629-885 Resolution No. 598 (30) A joint resolution authorizing the Mayor to execute a joint dedication deed in the Shadow Hills Addition (North Fulton Avenue and Erskine Street fire station site). 80-39A-629-886 Ordinance No. 8097 (31) An appropriation ordinance from Fire Department Bond funds for improvements required for platting fire station site in the Shadow Hills (Fire Department Bond Fund). The City has acquired the property in the Shadow Hills Addition from the Northwest Developers, Inc., for the northwest fire station, at which time it was agreed that a joint dedication deed and platting process would be shared between the City and the developers. The deed provides for adoption of a plat of Shadow Hills comprised of Tract A (the fire station site), Tract B and Lots 1-187. The cost for the water and sewer were based on the rates for front foot, and paving costs are based on the quantities adjacent to the fire station site. These projected costs may be found in the minutes of the Regular Council Meeting of August 14, 1980, at which time these items were tabled for later consideration. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Resolution No. 598 authorizing a joint dedication deed with the Northwest Developers, Inc. for a tract of land for the location of the northwest fire station, and to pass Ordinance No. 8097 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. RESOLUTION NO. 598 Be it resolved by the City Council of the City of Lubbock: That the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of said City a Joint Dedication Deed with Northwest Developers, Inc., for the Plat and Dedication of Tract A, Tract B, and Lots 1-187 (inclusive), Shadow Hills, an addition to the City of Lubbock, Lubbock County, Texas, attached herewith which shall be spread upon the minutes of this City Council, and which shall Constitute a part of this resolution as if fully copied herein in detail, the City of Lubbock being the owner of proposed Tract A above referred to herein. PASSED by the City Council this 28th day of August, 1980. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: Isl J. Worth Fullinizim J. Worth Fullingim, Assistant City Attorney *NOTE: Joint Dedication Deed is attached to orginal Resolution No. 598. 630 AUG 2 8 1990 ORDINANCE NO. 8097 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: Fire Department Bond Fund The sum $16,702.22 For the following purpose: Platting Cost for Tract A, Shadow Hills: 1. Pro Rata Water Cost $2,540.55 2. Pro Rata Sewer Cost 2,446.45 3. City's Portion of Contracted Paving 4,353.86 4. City's Pre -paid paving costs on Erskine Street 7,361.36 $16,702.22 AND IT IS SO ORDERED Passed by the Council on first reading this 28th day of August, 1980. Passed by the Council on first reading this day of , 1980. ATTEST: CITY SECRETARY-TREAS. 80-39A-630-887 Resolution No. 599 (33) MAYOR VERIFIED BY:/s/ Robert Mass APPROVED BY:./s/Wayne Mahaff HEAD OF DEPT. A resolution supporting the Lubbock Area Foundation. The Council was requested to endorse the Lubbock Area Foundation by Mr. George Miller at the 8:30 Work Session on August 14, 1980. tj The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Resolution No. 599 endorsing the Lubbock Area Foundation. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. JCR: cl RESOLUTION NO. 599 WHEREAS, the Lubbock Area Foundation, Inc., a Texas non-profit corporation, having been recently organized and WHEREAS, said non-profit corporation has among its purposes the develop- ment and receipt of endowments and other funds from private sources and the administration of such resources under community control for charitable pur- poses focused on local needs and WHEREAS, the City of Lubbock has been requested to serve as a sponsoring organization of Lubbock Area Foundation, Inc., and WHEREAS, as a sponsoring organization the City of Lubbock has been re- quested to provide a member for the initial Board of Governors of Lubbock Area Foundation, Inc., NOW THEREFORE: 631 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock recognizes the formation of the Lubbock Area Foundation and agrees to serve as a sponsoring organization of the Lubbock Area Foundation, Inc. THAT as a sponsoring organization of the above mentioned Foundation, the City will provide a member for the initial Board of Governors of the Lubbock Area Foundation, Inc. THAT the City supports and encourages all employees of the City of Lubbock to support the Lubbock Area Foundation in its efforts for community improvement and development. Passed by the City Council this 28th ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney 80-39A-631-888 Ordinance No. 8099 (34) day of August , 1980. Isl Bill McAlister BILL McALISTER, MAYOR An ordinance amending Ordinance No. 1670 expanding the Plumbing Board. The proposed ordinance would increase the Plumbing Board from five members to seven members to include one additional master plumber and one additional journeyman plumber. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Ordinance No. 8099 on first reading expanding the Plumbing Board. Councilwoman Baker asked to have the motion amended to change the term of office from five years to three years, it being her opinion that all boards and commissions should be altered in like manner providing greater opportunity for service without respective terms becoming burdensome. Councilman Brown was amenable to the request, and so amended; the amendment was seconded by Councilman Aderton. Motion on Ordinance No. 8099, as amended, carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:bs ORDINANCE NO. 8099 AN ORDINANCE AMENDING ORDINANCE NO. 6269 OF THE CITY OF LUBBOCK EXPANDING THE PLUMBING BOARD; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 80-39A-631-889 Bid No. 5933 for 500 3 cu. yd. sideloading containers (Sanitation Dept.). (37) Alternate Low Bidder War -Pak, Meredian, Texas ($98,620.00) 80-39A-631-890 Ordinance No. 9000 (38) An appropriation ordinance for 500 3 cu. yd. sideloadina containers (Bid No. 5933) .(Sanitation Capital Reserve Fund). DGV: cl AN APPROPRIATION ORDINANCE ORDINANCE NO. 9000 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 632 2 THAT there BE and is hereby appropriated out of the following fund, to - wit: Fund 30 Capital Reserve, the following sum; 6063: Residential Collections. 500 sideloading containers ..................... $100,500.00 TOTAL $100,500.00 Such sum is required for the purchase of equipment needed in residential sanitation service. AND IT IS SO ORDERED. Passed by City Council on first reading this 28th day of August '1980. Passed by City Council on second reading this day of ,1980. BILL McALISTER, MAYOR ATTEST: VERIFIED BY: Isl Robert Massengale Evelyn Gaffga, City Secretary -Treasurer Robert Massengale, Finance Officer APPROVED AS TO FORM: APPROVED AS TO CONTENT: /s/ Donald G. Vandiver Isl Denzel Percifull Donald G. Vandiver, Asst. City Attorney Denzel Percifull, Director Public Services 80-39A-632-891 Bid No. 5936 for eight 1981 trucks for mounting sideloader bodies (Sanitation (39) Dept.). Low Bidder South Plains International Truck Company, Lubbock, Texas ($271,000.00) 80-39A-632-892 Ordinance No. 9001 (40) An appropriation ordinance for eight 1981 trucks for mounting sideloader bodies (Bid #5936) (Sanitation Capital Reserve Fund). ORDINANCE NO. 9001 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds for an approved project; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT there BE and is hereby appropriated out of the following described fund, to -wit: Fund 30 Capital Reserve, the following sum: 6063: Residential Collections 8 Truck Cabs and Chassis . . . . . . . . TOTAL $271,000.00 Such sum is required for the purchase of equipment needed in residential sanitation. 633 MMIUM AND IT IS SO ORDERED. Passed by City Council on first reading this 28th day of August '1980. Passed by City Council on second reading this day of 1980. ATTEST: Evelyn Gaffga, City Secretary - Treasurer APPROVED AS TO CONTENT: BILL McALISTER, MAYOR Isl Robert Massengale Robert Massengale, Finance Officer Isl Denzel Percifull Denzel Percifull, Director of Public Services APPROVED AS TO FORM: Isl Donald G. Vandiver Donald G. Vandiver, Asst. City Attorney 80-39A-633-893 Bid No. 5910 for miscellaneous items of fire fighting equipment (Fire Dept.) (Community (41) Development Funds). Items 1,9,11.14,18,21,23,24 Casco Industries, Shreveport, LA Items 2,3,4,5,7,15,19,22 Halprin Fire Equipment Company, Los Angeles, CA Items 6,13,16,17 Thunderbird Sales Corporation, Albuquerque, NM Items 8, 10,12 Hi -Plains Equipment Company, Amarillo, TX Item 20 Daco Fire Equipment, Lubbock, TX 80-39A-633-894 Bid No. 5938 for miscellaneous traffic signs (warehouse stock). (42) Low Bidder Wayne Hall Sign & Post Company, Bloomington, IN ($5,142.50) Director of Purchasing Mr. Floyd Nesbitt appeared and indicated that all bids are low bids and meet specifications with the exception of Bid No. 5933, whereby the alternate bid is recommended. The motion was made by Mayor Pro Tem. Henry, seconded by Councilman Brown to approve Bid Nos. 5933, 5936, 5910, 5938, as indicated above, and to pass Ordinance No. 9000 and Ordinance No. 9001 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. The Council recessed at 10:25 to reconvene at 10:35 to commence the Zone Case Hearings, as published. 634 AUK 2 8 Also 80-39A-635-895 (11) 80-39A-635-896 (12) 80-39A-636-897 (13) 80-39A-636-898 (14) 80-39A-637-899 (15) 80-39A-637-900 (16) 80-39A-638-901 (17) 80-39A-639-902 (18) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Marilyn Pi a rce a Notary Public in and for Lubbock County, Texas on this day personally appeared TwiIa FoIsomdusiness Office Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks pprior to the first insertion of this Legal Notice - 861 words (a it Per word - $215.25 No. 938254 at Lubbock County, Texas and the attached print- ed copy of the Noti ee is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: August 129 1980. (City of Lubbock P.O.No I-1819) Business Office Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 191hday of August , L980 1 !?t- `,C;-?-,,Y P ILI8LIC e f , .,le S ate of Texas FORM 58-IOt,,Fy Commission Expires Feb. 1, 1984 635 80-39A-635-895 Ordinance No. 8088 - Zone Case No. 2288 (11) Request of Owen McWhorter, Jr. (for John Spikes) to change Lots 1-6, Block 1, Myricks *Publisher's Addition, City of Lubbock, —Lubbock County, Texas, from R-2 and C-4 to C-4 Zoning District Affidavit on (_located at 19th Street and Avenue N). Page 634. The Planning and Zoning Commission recommended that this request be approved, subject to the following condition: a. That it have a six-foot masonry fence adjacent to the residential property to the south. In accordance with a Notice published August 12, 1980, in the Lubbock Avalanche -Journal, a public hearing was held on the above referenced matter. Proponent: Owen McWhorter, Jr., on behalf of John Spikes The request for "C-4" zoning is to allow for the expansion of the existing furniture store building to include one 50-foot lot on the south side. The Comprehensive Plan reflects that commercial properties facing across the street into residential uses should be avoided as much as possible; two of the 50-foot lots presently existing on the west side of Avenue N face into residential area. The above request, including the revised site plan, requires revision of the parking area between the building and Avenue N to avoid cars backing into the street, thus the requested amendment to the existing site plan. Mr. McWhorter indicated that the neighbor adjacent to the property on the south was somewhat concerned about the parking area and accompanying traffic, and the proponent was amenable to the condition that a 6-foot masonry fence be installed. Additionally, it was the Council's recommendation that the request for the revised parking be tied to the site plan as a second condition, to which the proponent was agreeable. There being no opposition and no discussion, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Ordinance No. 8088 on first reading, subject to the additional condition that the zone request be tied to the site plan as presented. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (No site plan submitted.) SMT:pc ORDINANCE NO. 8088 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2288; CHANGE LOTS 1-3, BLOCK 1, MYRICKS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY TEXAS FROM C-4 TO C-4 ZONING DISTRICT; CHANGE LOTS 4-6, BLOCK 1, MYRICKS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY TEXAS FROM R- 2 TO C-4 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39A-635-896 Ordinance No. 8089 - Zone Case No. 2289 (12) Request of Bill Cox (for Gebo's) for a Specific Use Zone Change, from C-4 to C-4 Specific *Publisher's Use Permit under provisions of Section 22.3-23 of the Zoning Ordinance for fenced storage Affidavit on on Lot B, Lyndale Acres Addition, and a tract of land out of Section 2, Block E, City of Page 634. Lubbock, Lubbock County, Texas (located at 215 - 50th St.). The Planning and Zoning Commission recommended that this request be approved, subject to the following conditions: a. That there be a six foot solid masonry fence erected on the south and west sides of the outside storage area; b. That a chain -linked fence be erected on the Avenue A side of The outside storage area; C. That there be no outside storage higher than the fence. In accordance with Notice published August 12, 1980, in the Lubbock Avalanche -Journal, a public hearing was held on the above referenced matter. Proponent: Bill Cox, on behalf of Gebo's The request is for "C-4" Specific Use to allow for a fenced outside storage area facing Avenue A. "C-4" zoning does not encourage outside storage, even when surrounded by a fence. However, there is outside storage on adjacent properties zoned for "M-l" and the above request faces a state highway, and subject to the conditions referenced above, providing for a solid masonry fence on the south and west sides and a chain -linked fence on the Avenue A side and for outside storage not to be higher than the fence itself, all of which are agreeable to the proponent, the Planning and Zoning Commission recommended approval of this request on a vote of 5 to 2. Additionally, Mr. Cox mentioned that the proponent has a free-standing sign on the Avenue A and the 50th Street sides, both of which are in compliance with the Zoning Ordinance regarding signs, which states that a free-standing sign is allowed on each thoroughfare as long as it conforms to the height and setback regulations. There being no opposition and no discussion, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass Ordinance No. 8089 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry;, Councilmen 636 SMT:pc ORDINANCE NO. 8089 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2289; CHANGE LOT B, LYNDALE ACRES ADDITION, AND A TRACT OF LAND OUT OF SECTION 2, BLOCK E, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-4 TO C-4 SPECIFIC USE ZONING DISTRICT: SUBJECT TO CONDITIONS; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39A-636-897 Ordinance No. 8090 - Zone Case No. 2290 (13) Request of Frank A. McNeil to change Lot 9 and the east one-half of Lot *Publisher's 10, Block 37, Overton Addition, City of Lubbock, Lubbock County, Texas, Affidavit from R-2 to A-Z Zonin District (located at 2017 - 7th Street). on Page 634. The Planning and Zoning Commission recommended that this request be approved,. In accordance with Notice published August 12, 1980, in the Lubbock Avalanche - Journal, a public hearing was held on the above referenced matter. Proponent: Frank A. McNeil This request is for "A-2" zoning in the North Overton district consisting of a triplex, to be used by the Women's Protective Services as a shelter for battered persons, said shelter to be funded by Community Development funds. The property in question includes some furnishings and appliances. There being no discussion and no opposition, the hearing was closed. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8090 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilman Brown and Councilwoman Baker voting Yea; Councilman Aderton voting Nay. (No site plan submitted.) SMT:pc ORDINANCE NO. 8090 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2290; CHANGE LOT 9 AND THE EAST 1/2 OF LOT 10, BLOCK 37, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-2 TO A-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39A-636-898 Ordinance No. 8091 - Zone Case No. 802-C (14) Request of Burl W. Masters (for Albert Skibell) to change a tract of land *Publisher's out of Section 8, Block B, City of Lubbock, Lubbock County, Texas, from R-1 Affidavit Specific Use to C-4 Zoning District (located at 48th Street and Avenue H). on Page. 634. The Planning and Zoning Commission recommended that this request be approved, subject to the following conditions on Lots 1, 9, 10, 11 and 12: a. That it be limited to a one story development; b. That there be a 30 foot setback on the west and north sides of the subdivision; C. That a solid wood or masonry fence be built along the alley; d. That the following C-4 uses not be allowed: commercial private clubs, dance halls, feed stores, garage (public repair), hot tamale plant, lumber yard, motorcycle shop, auto body shop, commercial laundry, road machinery sales, used car sales, trailer rental, trailer service, trailer sales bar or lounge, public kennel and veterinary hospital. In accordance with a Notice published August 12, 1980, in the Lubbock Avalanche -Journal, a public hearing was held on the above referenced matter. Proponent: Burl W. Masters, on behalf of Albert Skibell, and others The request is to change a tract zoned for "R-1" Specific Use for a shopping center to "C-4" with conditions. The commercial tract to the south of this request was recently rezoned from "R-l" Specific Use to "C-4" with conditions. The conditions placed upon the request would provide for a transition or buffer zone between the commercial area and the low -density residential area, which stipulates that the structures be one story, allowing 30-foot setback on the west and north sides, a solid masonry fence be constructed along the alley, and certain "C-4" uses not be allowed as itemized above. The proponent indicated that the alley would be paved for access for garbage pickup. The proponent further indicated that all the conditions as stated 637 4UC 2 8 were agreeable. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Ordinance No. 8091 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (No site plan submitted.) SMT:pc ORDINANCE NO. 8091 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7 084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 802-C; CHANGE A TRACT OF LAND OUT OF SECTION 8, BLOCK B, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 SPECIFIC USE TO C-4 ZONING DISTRICT; SUBJECT TO CONDITIONS ON LOTS 1, 9, 10, 11 and 12; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39A-637-899 Ordinance No. 8092 - Zone Case No. 2292 (15) Request of Thomas H. Jackson to change Lots 97 and 98, James Subdivision, City of Lubbock, Lubbock County, Texas, from i--1 to M-1 Zoning District (located at 5602 King Avenue). *Publisher's Affidavit on The Planning and Zoning Commission recommended that this .LeqRest be approved, subject to Page 634. the following condition: a. That a solid screening fence be erected to screen any outside storage from residential developments. In accordance with Notice published August 12, 1980, in the Lubbock ' Avalanche - Journal, a public hearing was held'on the above referenced matter. Proponent: Mr. Brown, on behalf of Thomas H. Jackson This request for "M-l" zoning is in an area that is stagnant for residential growth; is surrounded on all four sides by industrial development; that the area has been made more presentable by paving streets with CD funds in 1975 and 1976; that there is single-family residences on the north and west. The condition that a solid screening fence be erected to conceal outside storage from the residences was agreeable to the proponent. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinance No. 8092 on first reading. Motion carried: Mayor McAlister, Mayor. Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. (No site plan submitted.) SMT:pc ORDINANCE NO. 8092 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2292; CHANGE LOTS 97 AND 98, JAMES SUBDIVISION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO M-1 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39A-637-900 Ordinance No. 8093 - Zone Case No. 2118-D (16) Request of Joe McKay (for "Q" Properties) to change a tract of land out of Section 15, *Publisher's Block E-2, City of Lubbock, Lubbock County, Texas, to amend the site plan (located at Affidavit on 92nd Street and Vicksburg Avenue). Page 634. The Planning and Zoning Commission recommended that this request be approved. In accordance with Notice published August 12, 1980, in the Lubbock Avalanche -Journal, a public hearing was held on the above referenced matter. Proponent: Joe McKay, on behalf of "Q" Properties Mr. McKay presented various elevations and configurations to reflect the proposed development referred to as the Lakeridge Country Club Villa development, which incorporates the new zero lot line construction; that the development is single-family residences situated as a private neighborhood association; that the entrance marker would reflect a sign at the entrance with the mailbox structure on the reverse side; that the development includes additional planters in turns and turnarounds in the private street within the development, to be maintained by the association, and requests modification from the standard curb and gutter, whereby the sidewalk is placed right behind the curb (referred to as a roll-over or ramp curb). Mr. McKay indicated the development would consist of 23 units; that there 638 . 2. 31980 AUG is no front driveway with only alley access; that the proposed islands would use low plant material and/or decorative rock with an installed sprinkler system with traffic allowable on all sides. The concern that the staff had was two -fold: the roll-over type curb and gutter allows the driveways to tie directly into the curb and gutter and places the sidewalks directly behind the curb which could be hazardous for pedestrians or children and reduces the width of the streets by one to one half feet; it could provide for difficulty with parallel parking, allowing for easy parking on the sidewalk, and it was the Engineering Department's recommendation that the standard curb and gutter be used throughout the City. The second concern of the staff was the islands present within the development, and although they are located on private streets at this time, in the event the streets would be dedicated to the City and become public streets, the problem of maintenance of such structures which have no value other than aesthetic value is difficult and costly to maintain, and, additional it violates the Council's previous instructions that there would be no more triangular or island -type structures in the City. There being.no opposition and no discussion, the hearing was closed. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8093 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:pc ORDINANCE NO. 8093 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7445 OF THE CITY OF LUBBOCK, ZONE CASE NO. 2118-D, CHANGE SECTION 15, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS BY AMENDING THE SITE PLAN MADE A PART THEREOF; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39A-638-901 Ordinance No. 8094 - Zone Case No. 2293 (17) Request of Gary_q. Burkleo (for U-Haul Company of Amarillo) for a Specific Chan *Publisher's Use Zone ange, from C-4 to C-4 Specific Use Permit under provisions of Affidavit on Section 22.3-24 of the Zoning Ordinance for mini -warehouses on the east Page 634. 266.68 feet of Block 1, Granville Johnson Addition, City of Lubbock, Lubbock County, Texas (located at 1601 - 34th St.). The Planning and Zoning Commission recommended that this request be approved. In accordance with Notice published August 12, 1980, in the Lubbock Avalanche - Journal, a public hearing was held on the above referenced matter. Proponent: Gary C. Burkleo This request is for the construction of mini -warehouses which are allowed in "C-4" Specific Use zones only. The proposed construction would be attached to the existing U-Haul operation using similar materials and colors --presently existing. There being no opposition and no discussion, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Ordinance No. 8094 on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:pc ORDINANCE NO. 8094 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE No. 2293; CHANGE THE EAST 266.68 FEET OF BLOCK 1, GRANVILLE JOHNSON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM C-4 TO C-4 SPECIFIC USE ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 639 7­1 80-39A-639-902 Ordinance No. 8095 - Zone Case No. 1891-C (18) Request of Bill Cox (for Bobby Day) for a Specific Use Zone Change, from R-2 to AM *Publisher's Specific Use Permit under provisions of Section 22.3-20-3 of the Zoning Ordinance for Affidavit professional offices on Lots 76 and 77, Quail Ridge Addition, City of Lubbock, Lubbock on Page 634. County, Texas (located at 4502 - _65t_hSt_.). The Planning and Zoning Commission recommended that this request be approved. In accordance with Notice published August 12, 1980, in the Lubbock Avalanche -Journal, a public hearing was held on the above referenced matter. Proponent: Bill Cox, on behalf of Bobby Day In accordance with the Statutes, if there is 25% opposition from adjacent property owners, the zone request requires a four -fifth's Council approval. The above tract was submitted in 1973 for a zone change, was denied by P&Z, was appealed and denied by the Council; a second request was made in 1975 (1891-A), was denied by P&Z, was appealed and denied by the City Council; a third request was made in 1977 (1891-B), was denied by P&Z and was not appealed to the City Council. The request is to change existing "R-2" duplex zoning to "AM" Specific Use for medical or professional offices. The proponent indicated that the contemplated structure would be for medical offices, designed and structured to be residential in appearance; that the two lots in question cannot be developed as duplex because the lights at night from northbound traffic on Quaker are detrimental to its marketability for residential purposes; that the proposed structure would meet the parking requirements of one parking space for 150 square feet as required for medical purposes; that the proposed heating and air conditioning would be ground -mounted; that access drive on Quaker Avenue is necessary and cannot be avoided although it is not the most desirable ingress -egress situation due to the heavy traffic flow on Quaker. Appearances: Mrs. Walton, 4506A 65th Street Bobby Day, Owner and Developer David Stanford, 6402 Raleigh Paula Perez, 4503 64th Street Robert Kohler, 6309 Raleigh Jack Geddis, Developer Tom Cantrell, Appraiser Mrs. Walton spoke in favor of the zone change request for the reason that they had complied with her request for quality landscaping adjacent to the screening fence and the residential -type construction, and she felt that although she would prefer a duplex construction, the proposed medical offices would be preferable to the vacant lot which has frequently been unsightly. Mr. Day indicated he had requested a professional opinion of an appraiser; Mr. Tom Cantrell read into the record his evaluation of the property (the letter is on file with the ordinance in the office of the City Secretary). Mr. Stanford indicated this was the third time the property had been up for zone change and he was dismayed that it could receive additional consideration, that he had been assured at the time he purchased his home that it had become a test case and the matter was resolved and there would be no further problems. Mrs. Perez indicated they were single-family homeowners with children; that the area was stabilized, and such a structure would endanger the small children as well as increase traffic volume in that area. Mr. Kohler indicated that the increased traffic resulting from the professional building would add to the noise presently existing from Quaker Avenue traffic. 1". Mr. Bertram indicated that the reasons for previous denials to the zone request was the reason that the private residential owners preferred the buffer zone of duplexes, but that conditions had changed, and the request presented to P&Z resulted in their approval by a vote of 6 to 1. Following all discussion, the hearing was closed. The motion was made by Councilwoman Baker, seconded by Councilman Brown that Ordinance No. 8095 be passed on first reading. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. SMT:pc ORDINANCE NO. 8095 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1891-C; CHANGE LOTS 76 AND 77, QUAIL RIDGE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-2 TO AM SPECIFIC USE PERMIT ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT THEREON; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 80-39A-640-903 Resolution No. 595 (25) A resolution authorizing the acquisition of a certain parcel of land for an emergency shelter, and authorizing condemnation proceedings, as required. (Zone Case No. 2290, Ordinance No. 8090) At previous Council Meetings, Community Development funds for 5th and 6th years were approved in the amount of $66,000 for the project of providing emergency shelter for battered persons under the administrative supervision of the Board of Directors of the Women's Protective Services, Inc. The triplex referenced in the above zone case, located at 2017 7th Street in the North Overton area, has been appraised at a fair market value of $43,000. It is presently unoccupied and a certain amount of refurbishing will be necessary. The acquisition cost includes about $2,000 in furniture and appliances. The property would be owned by the City and leased to the Corporation who is receiving initial operating support from the Junior League of Lubbock. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution No. 595 authorizing the referenced acquisition. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilman Brown and Council Baker voting Yea; Councilman Aderton voting Nay. SMT:bs RESOLUTION NO. 595 A RESOLUTION AUTHORIZING THE ACQUISITION OF A CERTAIN PARCEL OF LAND IN THE OVERTON ADDITION FOR THE PUBLIC PURPOSE OF AN EMERGENCY SHELTER OF VICTIMS OF DOMESTIC VIOLENCE; AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED. WHEREAS, it has been determined by the City Council that a certain parcel of land located in the vicinity.of 7th Street and Avenue T within the City of Lubbock, Lubbock County, Texas, should be acquired and developed for public purposes; and, WHEREAS, the Department of Housing and Urban Development (HUD) has contracted with the City of Lubbock to provide funds through the Community Development Program to aid in the development of such a project; and, WHEREAS, it is necessary to acquire for public purposes the fee simple title to the land hereinafter described, Parcel No. 67440-37-9, owned by Frank A. McNeil; and WHEREAS, the City Council has caused appraisals to be made of said land and the value and total damages, if any, to the owner, and all others whose interest may appear, for fee simple title to said land has been appraised, and that the City Council finds the price herein offered to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of developing a public facility the fee simple title to a certain parcel of land lying and being situated in Lubbock County, Texas, and described as follows, to -wit: Parcel No. 67440-37-9 (2017 7th Street): Lot 9 and the East 1/2 of Lot 10, Block 37, Overton Addition to the City of Lubbock, Lubbock County, Texas. Purchase Price - $43,000.00 (Forty -Three Thousand and No/100 Dollars) THAT the owner, and all others whose interests may appear, be offered through the Urban Renewal Agency of the City of Lubbock, Texas, the amount established as the fair market value and total damages, if any, for fee simple title and acquisition of said parcel of land for the purposes herein stated, for the use and benefit of the City of Lubbock, being the amount hereinabove stated, and that unless accepted forthwith, the City Attorney is hereby authorized and instructed to institute condemnation proceedings for and on behalf of the City of Lubbock to acquire fee simple title to said parcel of land as hereinabove described, for public purposes. Passed by the City Council this 28th day of August , 1980. ATTEST: s/ Evelvn Gaffiza Isl Bill McAlister BILL McALISTER, MAYOR Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Vicki Foster Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: Isl Susan M. Tom Susan M. Tom, Asst. City Attorney 641 The Council recessed for lunch, following which Board Appointments and Work Session items would be discussed and reconvene for the 2:00 Public Hearing as published. 80-39A-641-904 Hold a public hearing on the 1980-81 budget. (19) In accordance with Notice published in the Lubbock Avalanche -Journal on August 15, 1980, the above public hearing was held: The proposed budget has been on file in the office of the City Secretary since August 12, 1980; subsequent changes were also on file following the submission of the completed tax rolls for the ensuing year, said supplement filings reflecting the reserves set aside for Debt Service with the passage of the $21 million bond issue August 9, 1980. Appearances: Louise Cummins, 6511 Peoria Chairman, City -County Library Board Paul Mills (no address given) Mrs. Iva Oden, 2805 57th Street Mrs. Thelma C. Byrd, 6102 Avenue Q President, AARP, Chapter 537 Eunice Stephens Adolphus Cleveland, 1811 East lst Place John Mallory President, Downtown Lubbock, Inc. Legislative Chairman, City -County PTA William G. Hamrick, 4620 37th Street David Hester Lennis Baker Luther Dean President, Firefighters Association Mrs. Cummins indicated in her presentation that the Library Board had met three times recently to evaluate the proposed increase of book fines on adult and children's books--ov6rdue adult's books, from 54 to 254; overdue children's books, from 34 to 104. The Board's position is that the proposed increase in library book fines is excessive, being five times greater than the current level; that the purpose of fines on library books is a reminder to return the books so that they may be placed back in circulation, and not to be used as a revenue generating source or as punitive in nature. It is the feeling of the Library Board that such excessive fines would eliminate usage of the library facilities, or people would return their books without payment of fines, or the excessive increase in fines would defeat the purpose that the library is serving to the community. Mrs. Cummins submitted an information sheet reflecting the various library fines used in other cities throughout the state. It is the recommendation of the Library Board that the fine for overdue books for adults be limited to 104 per day; that the fine for overdue books for children be limited to 54 per day; that in either case there be a $3.00 maximum in accrued fines. Mr. Mills appeared in opposition to the proposed garbage service rate increase, indicating that he felt there was excessive use of equipment and personnel in areas of the community that did not need pickup twice weekly or did not need the number of crewmen on each truck, and that better supervision would be beneficial to the overall sanitation program and would result in a savings. Mrs. Oden's comments primarily were in opposition to the V2oposed pay increase for the City employees, it being excessive and incompatible with the State employees, although no mention was made of the approved pay increase for the Lubbock School teachers. Her lengthy presentation primarily centered on her letter to the Editor appearing in the August 10, 1980 Avalanche -Journal, the response from a City Official whose identity was not revealed and related matters. Mrs. Byrd appeared on behalf of those with fixed incomes and living alone, indicating the continual increase in various rates was "wearing a bit thin." Mrs. Stephens spoke in opposition to the proposed garbage rate increase and in opposition to the "20V increase in salaries for employees. Mr. Cleveland spoke in support of the proposed salary increase for City employees, plus, the stability compensation; he spoke in opposition to the proposed garbage rate increase for the reason it was placing a burden on the low-income and minority citizens; he suggested that a percentage (5.5% or 6%) of the proposed garbage rate increase be allocated for the senior citizens program and its needs, and suggested that the senior citizens program be placed as a part of the general budget in future years. Mr. Mallory, on behalf of Downtown Lubbock, Inc., spoke in opposition to the increase in parking fines, i.e. from $2 to $3, for the reason that it is discriminatory to the downtown businesses when compared to the outline shopping centers; that stimulation of business in the downtown area needs all the support and assistance possible, and the proposed increase parking fines was detrimental to stimulating such business and should not be used as a punitive measure. In his capacity of Legislative Chairman for the City -County PTA, he spoke in opposition to the proposed increase in fines for overdue books for the reason that such fines are to be a gentle reminder to return the books and not to be used as a punitive measure. Mr. Hamrick appeared on behalf of the retired and elderly citizens and spoke in opposition to the proposed garbage rate increase, indicating that it was too much too soon; he indicated he felt many other departments needed to be more closely supervised. Mr. Hester made no further comments, as he was present to speak to similar matters as indicated by Mr. Mallory, above. Mr. Baker, a former Mayor for the City, also appeared on behalf of Lubbock Downtown, Inc., indicating that the downtown business area was deteriorating and the increase in parking fines would not enhance the life of downtown businesses. Mr. Baker also indicated that the downtown businesses were paying the highest tax per square foot than any other business in any other area in the community, certainly much more than.the outline shopping centers, and the proposed parking fine increase was inequitable. 642 Mr. Dean appeared on behalf of the Firefighters Association to express appreciation to the Council for their courage in their position on the proposed budget and their position in support of the City employees; regardless of their decision following the public hearing regarding the 1980-81 Budget, he wanted them to know that on behalf of the Firefighters Association, they were appreciative of their position and the work done on behalf of the City employees. There being no further appearances, Mayor McAlister declared the hearing closed at 2:45 p.m. Mayor McAlister indicated that he was opposed to the proposed garbage rate increase as indicated in the proposed ordinance; that he was in favor of the pay increase for the City employees for the reason that the turnover of employees is excessively high which is a cost factor to be considered for the time and money spent in training an employee. Councilman Brown expressed appreciation to those concerned citizens who appeared and speaking to the various matters; that it is his feeling that all service charges (the enterprise funds) should be self -sustained and "I remain firm on this position"; that he was in favor of the proposed pay increase for the City employees having given the proposal careful study and consideration; that he was in favor of the merit system, it being the only source of motivation for public servants; that the merit system is a fair system and the present plan is a good plan; that the City is striving to serve the people by providing a higher quality of service, and quality of service is a costly matter requiring good, dedicated and concerned employees; that he was surprised and concerned to find that the City was paying below minimum wage which would attribute to the high turnover, and one cannot increase only a portion of the employees without it affecting the entire system; that those who work hard, are dependable and dedicated should be rewarded through the merit system, and those who are not serving and working to their greatest capacity should be replaced. He indicated he was therefore willing to make the appropriate motion regarding the adoption of the budget. 80-39A-642-905 Ordinance No. 9002 (35) An ordinance approving and adopting the budget for fiscal year October 1, 1980 - September 30, 1981,.for the City of Lubbock. The motion was made by Councilman Brown to adopt the budget as submitted and filed with the City Secretary, including the supplemental update reflecting the final computations based on the tax rolls filed, and to include the proposed pay increase as submitted in the budget. Mayor Pro Tem Henry responded to the motion to the effect that he had mixed feelings about fines in various areas as a means of revenue as this was departure from the Council's previous position, and he was not in favor of using fines to balance the budget; that the Council's position had been to ask the respective boards to make their recommendations regarding their respective fines, using this information in the budget preparation process, and he was reluctant to adopt the budget under the discussions as received at the public hearing. Councilman Brown indicated that he would amend his motion to include that the library fines remain as stated in the budget on file, but to receive any recommendations from the Library Board; he indicated that the parking fines, in his opinion, should remain at $3.00, the proposed increase. Additional discussion ensued to the effect that it was felt by some that the proposed parking fine increase to $3.00 was excessive; that the Board or each Commission where fines were in effect should submit same to the Council for budget consideration. Councilman Aderton, in defense of the proposed garbage charge to $4.00, stated that the City is laboring under a false impression that the present rate for garbage pickup, bi-weekly, at $2.50 is equitable; that where services of this nature are provided to the citizenry, it is economically imperative that they be self-sustaining; that in his comparison of our proposed rate with other cities, $4.00 per month is a standard charge; that the City must not use taxpayer's money to subsidize a service to the citizens as this is. Following all discussion, Councilman Brown amended his motion as follows: That the Budget for 1980-81 be approved and adopted as filed with the City Secretary, as supplemented by the calculations related to the final tax rolls, incorporating the recommended pay raise for the City employees, except for that portion relating to library fines, to be amended to fines for overdue books for adults, 10� per day, and the fines for overdue books for children, 5¢ per day, with a maximum amount of $3.00; that the proposed increase for the parking fines remain as proposed; that the proposed garbage rate increase of $4.00 per month ($1.00 October 1, 1980; 25� December 1, 1980; 25J March 1, 1981) remain as proposed. The motion was seconded by Councilman Aderton. Motion carried: Mayor McAlister, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; Mayor Pro Tem Henry voting Nay, for the reasons so stated. - - - I - - A X­ - ­­ 643 t • • 80-39A-643-906 Ordinance No. 9003 (36) An ordinance setting tax rate and levying the tax for 1980. The motion was made by Councilman Brown, seconded by Councilwoman Baker to set the tax rate at a $1.10 per $100 valuation, as proposed. Motion carried: Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; Mayor McAlister voting Nay. JCR:cl ORDINANCE NO. 9003 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1980; APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIME IN WHICH SAID TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NON-PAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED. 80-39A-643-907 Ordinance No. 8098 (32) An ordinance amending Chapter 14-7.3(a)(1) regarding residential garbage rate charges. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Ordinance No. 8098 on first reading, establishing the residential and small commercial garbage rate increase as follows: $1.00 effective October 1, 1980; 25j effective December 1, 1980; and 254 effective March 1, 1981; the proposed increase for small commercial rates to be included as stated in the Ordinance. Motion carried: Councilmen Brown and Aderton and Councilwoman Baker voting Yea; Mayor McAlister and Mayor Pro Tem Henry voting Nay for the reason "it is too much too soon." DGV:dh ORDINANCE NO. 8098 AN ORDINANCE AMENDING SEC. 14-7.3, SUBSECTIONS (a)(1), (a)(2) and (a)(3), OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, PERTAINING TO CHARGES FOR RESIDENTIAL GARBAGE AND TRASH COLLECTION, BY AMENDING THE LANGUAGE OF SAID SUBSECTIONS TO READ AS IS HEREINAFTER SET OUT; PROVIDING A SAVINGS,CLAUSE; AND PROVIDING FOR PUBLICATION. 80-39A-643-908 Consider one appointment to the LUBBOCK INDUSTRIAL BOARD. Mr. Bob Norris was unable to (43) accept his appointment. Bob Suter 8015 Beaufort 794-3988 American State Bank 763-7061 Term: 8/28/80 - 7/24/86 80-39A-643-909 Consider two appointments to the BOARD OF EXAMINERS AND APPEALS (BUILDING). The terms (44) of Bertell Jackson and John Purser expired 6/1/80. Ted Ratcliff 5400 19th Street 799-4510 Real Estate 3317 82nd Street 797-9422 Aubrey Faulkner, Jr. 3303 59th Street 795-1328 Term: 8/28/80 - 6/l/84 80-39A-643-910 Consider three appointments to the Board of Trustees, LUBBOCK REGIONAL MENTAL HEALTH AND (45) MENTAL RETARDATION CENTER. The terms of Jim Kimmel, Dr. Norma Porres and Claude Dollis expired 8/10/80. Jim Kimmel 2223 34th Street 744-2353 (reappointed) Dr. Norma Porres 4005 24th Street 792-3872 (reappointed) Mrs. Jan R. Rigsby 3310 60th Street 797-2203 Term: 8/28/80 - 8/28/82 80-39A-643-911 Consider one appointment to the PARKS AND RECREATION BOARD to fill the unexpired term (46) of Carlos Lopez. Mr. Lopez has moved out of the City. Josue "Josh" Silva 2107 70th Street 745-6788 Texas Commerce Bank 763-3471 To fill unexpired term of Carlos Lopez, said term expiring 3/31/83. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to approve the above referenced appointments. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. 644 There being no further business, the motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to adjourn at 3:35 p.m. Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown and Aderton and Councilwoman Baker voting Yea; none voting Nay. BILL'McALISTER, MAYOR ATTEST: Evelyn Gaffga, City SecrefAry-Treasurer READ AND APPROVED THIS llth DAY OF SEPTEMBER, 1980. ATTEST: Evelyn Gaffia, 'City Secret 9'ryjzYreasurer I--, I SThR MA OR