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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/25/1982mo Fli Fj I I CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING February 25, 1982 At 8:32 a.m., Mayor McAlister announced that an Executive Session would be held for the purposes of considering land acquisitor. This announcement is in accordance with Article 6252-17, V.A.T.S. The City Council of Lubbock, Texas met for its regular meeting Thrusday, February 25, 1982, at 9:30 a.m. in the City Council Chambers, Second Floor, City Hall. Those present: Mayor McAlister, 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: Mayor Pro Tem Alan Henry 82-41-899-1357 The invocation was given by Sam Wahl, Director of Water Utilities. ( 1) 82-41-899-1358 The Pledge of Allegiance to the Flag was given in unison by those present in the Council ( 2) Chambers. 82-41-899-1359 Approval of minutes Regular Meeting, February 11, 1982 ( 3) The motion was made by Councilman Aderton, seconded by Councilman Brown to approve the minutes of February 11, 1982, as submitted. Motion carried: 4 Yeas; 0 Nays; Mayor Pro Tem Henry absent. 82-41-899-1360 Board Appointments ( 4) Members of the Council and the staff welcomed Mayor McAlister back from his recent illness, and assisted the Mayor in making the presentations: Councilman Aderton presented Board Appointment Certificates, Councilman Brown made the presentation of Airman of the Month, and Councilwoman Baker made the presentation of NCO of the Quarter. Louise Knoohuizen Zoning Board of Adjustment Bert McWilliams Zoning Board of Adjustment Dr. Rudy Arredondo MHMR Board of Trustees Ted Warwick South Plains Employment and Training Consortium Mary L. Jackson South Plains Employment and Training Consortium 82-41-899-1361 Airman of the Month ( 5) Duane J. Bubac, Airman First Class 82-41-899-1362 NCO of the Quarter ( 6) Kathy Correll, Staff Sergeant 82-41-899-1363 A representative of the Citizens Traffic Commission will appear to recommend installation ( 7) of a stop sign at 83rd Street and Hartford Avenue. David Miller, on behalf of the Citizens Traffic Commission, appeared before the Council and indicated that on February 2, 1982, the Commission heard the request of Allan Sancibri ir, who resides at 8214 Hartford, requesting that a stop sign be installed at 83rd and Hartfol Mr. Sancibrian had indicated that his property is located at a T intersection, and has on innumerable occasions encountered vehicles failing to make the turn, and driving into his front yard. Mr. Miller indicated that the Traffic Engineering staff were not in favor.of this request for the reason that it would establish a precedence in installing stop signs at other T intersections, of which there are many, and with the type of reckless driving, as such a situation would indicate, it was the feeling of the staff that a stop sign would be of little value. Be that as it may, the Citizens Traffic Commission recommends that a stop sign be placed at 83rd and Hartford, as requested, as a controlling device. e 82-41-900-1364 ( 8) *(No site plan submitted for filing in the City Secretary's Office) 82-41-900-1365 ( 9) 82-41-900-1366 (10) the street was only four blocks long, and they did not feel that it would have the controlling effect that Mr. Sancibrian was hoping for, and agreed with the staff that it would establish a precedence. Mayor McAlister indicated that he was an avid "stop sign fan" and was supportive of the request. The motion was made by Councilman Brown, seconded by Councilwoman Baker to DENY the request of the citizen referenced above, and the recommendation of the CTC. Motion carried: 3 Yeas; Mayor McAlister Nay; Mayor Pro Tem Henry absent. Ordinance No. 8292 - Zone Case 2353 An ordinance changing Lot 7, Block 1, A. Boyd Addition from R-3 to C-4 zoning district, located at 1909 Avenue K. SMH:da ORDINANCE NO. 8292 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. 2353; TO CHANGE LOT 7, BLOCK 1, A. BOYD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-3 TO C-4 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. Ordinance No. 8117 An ordinance abandoning and closing a portion of a utility easement off west side of Avenue K from 4th Street to 5th Street JWF/pg ORDINANCE NO. 8117 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A UTILITY EASEMENT LOCATED IN THE VICINITY OF AVENUE K AND 4TH AND 5TH STREETS AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. Ordinance No. 8294 An ordinance abandoning and closing a protion of Avenue K, Sec. 80, Block A (south of Duke Street). The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Ordinance 8292, 8117, and 8294 on second and final reading. Motion carried: 4 Yeas; 0 Nays: Mayor Pro Tem Henry absent. JWF:da ORDINANCE NO. 8294 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET: A PORTION OF AVENUE K IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE: DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 82-41-900-1367 Consider the price and conditions of sale of Parcel #13090-23-10 in the (19) lst Year Community Development Program. Parcel Redeveloper Price Redevelopment 13090-23-10 Charles Adams III $1,100.00 Single -Family Residence 82-41-900-1368 Consider the price and conditions of sale of Parcel #2C-10-16 in the Lubbock (20) NDP Urban Renewal Area. Parcel Redeveloper Price Redevelopment 2C-10-16 Charles Adams III $1,100.00 Single -Family Residence The motion was made by Council Brown, seconded by Councilwoman Baker to approve the price and conditions of the above referenced parcels. Motion carried• 4 Yeas 0 Nays; Mayor Pro Tem Henry absent. 901 82-41-901-1369 Consider a resolution authorizing the acquisition of three parcels in the (21) Overton Addition for park land, and authorizing condemnation proceedings as necessary._ Resolution No. 1033 This is the remaining 3 parcels on 14th Street between Avenue U and Avenue T for a park in the South Overton Addition, being funding by CDBG program. The grant allowed for $95,000 for acquisition of these parcels, to -wit: Parcel No. 67440-44-4 (2007- 14th Street) $16,000 This is a one story duplex approximately 50 years old, owned by Jerome Schuetzeberg. Parcel No. 67440-44-5 (2009 - 14th Street) $26,000 This is a one story stucco residential structure with a rear detached apartment, owned by David Rosenbach, and David L. Beseda. Parcel No. 67440-44-6 (2011 - 14th Street) $5,750 This is a vacant lot 42.5' X 127.5', owned by the Logan Children Agency. All of the above appraisals were made by Goddard and Associates, the review appraisal being handled by Harold L. Kelley, S.R.P.A. The structure on the lots will be demolished and the lots cleared for a park development. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution 1033 authorizing the above acquisition. Motion carried: 4 Yeas; 0 Nays; Mayor Pro Tem Henry absent. SMH/mck RESOLUTION NO. 1033 A RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN PARCELS OF LAND FOR THE PURPOSE OF PUBLIC PARK DEVELOPMENT IN THE SOUTH OVERTON NEIGHBORHOOD; AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS AS REQUIRED. WHEREAS, it has been determined by the City Council that certain parcels of land located in the vicinity of 14th Street and Avenue U 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 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 park purposes the fee simple title to the land hereinafter described; Parcel No. 67440-44-4 owned by JEROME SCHUETZEBERG, Parcel No. 67440-44-5 owned by DAVID ROSENBACH and DAVID L. BESEDA, Parcel No. 67440-44-6 owned by LOGAN CHILDREN AGENCY; and WHEREAS, the City Council has caused appraisals to be made of said land and the value and total damages, if any, to the owners, and all others whose interest may appear, for fee simple title to said land has been appraised, and that the City Council finds the prices 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 park the fee simple title to certain parcels of land lying and being situated in Lubbock County, Texas, and described as follows, to -wit: Parcel No. 67440-44-4 (2007 14th Street): The West 20 feet of Lot 3 and the East 40 feet of Lot 4, Block 44, Overton Addition to the City of Lubbock, Lubbock County, Texas. Purchase Price - $16,000.00 (SIXTEEN THOUSAND AND N01100 DOLLARS) Parcel No. 67440-44-5 (2009 14th Street): The West 10 feet of Lot 4 and all of Lot 5, Block 44, Overton Addition to the City of Lubbock, Lubbock County, Texas. Purchase Price - $26,000.00 (TWENTY-SIX THOUSAND AND N01100 DOLLARS) Parcel No. 67440-44-6 (2011 14th Street): The East 42.5 feet of Lot 6, Block 44, Overton Addition to the City of Lubbock, Lubbock County, Texas. Purchase Price - $5,750.00 (FIVE THOUSAND SEVEN HUNDRED AND FIFTY AND N01100 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 amounts established as the fair market values and total damages. if anv. for fee simple title and acouisition of said 010 82-41-902-1370 (22) 82-41-902-1371 . (24) 82-41-902-1372 (25) 82-41-902-1372A (25a) 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 parcels of land as hereinabove described, for public park purposes. Passed by the City Council this 25th day of February , 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ./S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: _/S/ Richard Mays Richard Mays, Community Development Coordinator APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney *NOTE: Plat - Development of South Overton Park with Community Development Block Grant Funds if also filed with original resolution. Consider accepting work done under contract for cleaning and painting elevated .storage tank at 35th Street and Avenue W, and authorize final payment to contractor. This matter was tabled in Work Session. It had been called to the staff's attention that not all the outstanding claims with the Lupton Painting Company had been settled. Consider ordinance amending Ordinance 8235 for engineering for sewer improvements -(Capital Projects Budget). Ordinance 8300 This project is referred to as the Canyon Sewer project, and is one of the capital projects to be funded from the November Bond Election. The estimated cost for engineering work is $25,000 and the Capital Projects Budget is being amended to reflect these changes. The total of the project is $1,090.000. The motion was made by Councilman Brown, seconded by Councilman Aderton to pass Ordinance 8300 on first reading. Motion carried: 4 Yeas; 0 Nays; Mayor Pro Tem Henry absent. JCR: mck AN ORDINANCE AMENDING ORDINANCE NO. 8235, ADOPTING A BUDGET FOR FISCAL YEAR 1981-82; PROVIDING FOR THE ADDITION OF FUNDS TO THE SEWER CAPITAL PROJECT FUND FOR FISCAL YEAR 1981-1982, AND APPROPRIATING SAME. .Consider approval of the following Change Orders regarding the Garage -Sanitation facility: a. Change Order #2, modifying new/old building interface point -(Hunter Const. Co., GRS 3023-445-21-114148, Reso. #954A). Resolution No. 1035 This Change Order is to modify the interface point of the new building and the old building, and reflects a cost reduction of $1,150. DGV: cl RESOLUTION NO. 1035 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 Change Order between the City of Lubbock and Hunter Construction Co., attached herewith which shall be spread upon 903 the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of Februa /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI W. J. Payne FJ1 W.J. Payne, Director of Administrative Services ISI Don Vandiver Don Vandiver, First Assistant City Attorney * NOTE: Change order filed with original resolution b. Change Order #2, regarding sewer tie-in point (O.W. Chisum Co., GiS 3023-445-21-114148, Reso 954Q. 82-41-903-1372B Resolution No. 1036 (25b) This Change Order is to effect the sewer tie-in point and reflects a reduction of $382. DGV: cl RESOLUTION NO. 1036 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1982. 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 Change Order between the City of Lubbock and O.W. Chisum & Co., 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 25thday of February ,1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: _/S/ W ' J. Payne W.J. Payne, Director of Administrative Services 7H APPROVED AS TO FORM: /S/ Don Vandiver Don Vandiver, First Asst. City Attorney NOTE: Change Order filed with original resolution C. Change Order #2, to comply with Building Code requirements 82-41-903-1372C (Texas Builders, —Inc., GRS 3023-445-21-114148, Reso. 954G). (25c) Resolution No. 1037 This Change Order is to comply with the Building Code requirements regarding Fire Rating Doors and Windows, and reflects an additional amount of $1,155. 90-4 MORE Resolution No. 1035, 1036 and 1037 authorizing the above referenced Change Orders. Motion carried: 4 Yeas; 0 Nays; Mayor Pro Tem Henry absent. DGV: cl RESOLUTION NO. 1037 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 Change Order between the City of Lubbock and All Texas Builders, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25tbday of February ,1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: _/S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ./S/ W. J. Payne W.J. Payne, Director of Administrative Services APPROVED AS TO FORM: ./S/ Don Vandiver Don Vandiver, First Asst. City Attorney * NOTE: Change Order is filed with original resolution. 82-41-904-1373 Discuss County Commissioners' request regarding the bingo proposition on the April 3 (26) ballot. *See Reso. 1014 Resolution No. 1038 dated (1/14/82) At the 8:30 a.m. Work Session Assistant City Manager Jim Blagg apprised the Council of Judge Shaw's request to place the proposition for legalizing bingo in Lubbock County on the April 3rd ballot, and after meeting with the School Officials, and conferring with the County Attorney Yvonne Faulks, and a representative of the Justice Department, the Joint Resolution was proposed which specifies the terms and conditions for a joint election, to -wit: 1. There will be common voting places. 2. There will be a single set of election officers at the precincts. 3. The City Secretary will serve as the Election Official with Bob Wyett as liaison for the School and Frank Guess as liaison for the County. 4. There will be separate ballots, and separate voting devices at the precinct. 5. There will be joint absentee balloting in the office of the City Secretary. 6. The City Secretary will be responsible for preparing the election supplies, publications, posting and other necessary duties. 7. The precincts outside the corporate City limits will be administered by the County Clerk. 8. The official canvassing of the ballots will be handled by the respective governing body. 9. The tabulation will be done with candidates first, and then ballots for the Bin tabulation of the entire precinct to be complete simultaneously. 10. That the Joint Resolution between City and School will remain enforce and effec 11. That all cost of the Election will be divide equally between City, School, and County. 1'1 The Joint Resolution was being considered by the Board of Trustees for the LISD at this same time, and their response will be communicated to the Council before the adjourn. In Regular Session, the motion was made by Councilman Brown and seconded by Councilwoman Baker to adoptthe Resolution as presented reflecting separate ballots and separate votin En FEB 2 5 7982 A I F DGV: j s JOINT ELECTION RESOLUTION NO. 1038 WHEREAS, the City of Lubbock, Lubbock Independent School District, and Lubbock County are all required to conduct elections on April 3, 1982; WHEREAS, the City of Lubbock and Lubbock Independent School District have heretofore entered into a joint election resolution pertaining to such elections on April 3, 1982; and WHEREAS, it is deemed to be in the best interest of the citizens voting in said election to supplement such prior joint election resolution with this instruments, since Lubbock County now needs to conduct an election, on said date; and WHEREAS, Art. 2.01c of the Texas Election Code provides for joint elections when an election is required upon the same day by two or more political subdivisions occupying all or part of the same territory; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, THE BOARD OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT, AND THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY ACTING JOINTLY: That a joint election of the City of Lubbock, the Lubbock Independent School District and Lubbock County be held on April 3, 1982, under provisions of the Texas Election Code and other applicable law and in accordance with the following agreed terms: 1. That common voting places shall be designated by each governing body. 2. That a single set of election officers shall be agreed upon and designated by all governing bodies for the conduct of the election. Such officers may include those qualified to serve for any individual political subdivision. 3. That the election will be administered by the City Secretary of the City of Lubbock within the city limits of the City of Lubbock with Mr. Bob Wyett serving as official liaison with Lubbock Independent School District and with Mr. Frank Guess serving as official liaison with Lubbock County. 4. That separate ballot forms and voting devices shall be used for the bingo election. 5. That separate ballot boxes shall be used for the bingo election. 6. That there will be joint absentee balloting conducted at the Office of the City Secretary. 7. That the preparation of election, supplies, contacting of appropriate officials, publication, posting of notices, maintaining of records, and all other routine matters shall be the responsibility of the City Secretary of the City of Lubbock, with appropriate documentation being forwarded to Lubbock County upon completion of the election. 8. That the tabulation of election returns shall be done for the candidates first, and, if possible, tabulate all ballots from the respective precincts each simultaneously. This will be communicated to the Lubbock County Computer Center for programming purposes. 9. That the official canvassing of ballots and announcement of results shall be done individually by each governing body. 10. That those voting precincts outside of the City of Lubbock shall be conducted by, prepared and tabulated under the supervision of Lubbock County. 11. That in all precincts where there are voters residing outside the ju- risdiction of one of the political subdivisions, but inside one or more of such other subdivisions, such voters shall be given only such ballots as contain only the names of those candidates for whom they are qualified to vote. ME 12. The joint resolution earlier enacted between the City of Lubbock and Lubbock Independent School District shall remain in effect except as superceded by this joint resolution. 13. That all costs of the election shall be divided equally between the City of Lubbock, Lubbock Independent School District and Lubbock County. Resolved by the City Council this 25th _ day of February _, 1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer Resolved by the Board of Trustees of the Lubbock Independent School District this 25th day of February , 1982. /S/ Monte Haste MONTE HASIE, PRESIDENT ATTEST: Secretary Resolved by the Lubbock County Commissioners this 22nd day of February 1982. ISI Rodrick L. Shaw RODRICK L. SHAW, COUNTY JUDGE ATTEST: Frank Guess, County Clerk 82-41-906-1374 Consider Bid #6694 for miscellaneous electric items (warehouse stock). (27) Item No. 1,2,11 Nelson Electric Supply Company Lubbock, TX Item No. 3, 13 Temple, Inc. Lubbock, TX Item No. 4 General Electric Supply Co. Lubbock, TX Item No. 5,12,14 Westinghouse Electric Co. Lubbock, TX Item No. 9 & 10 Fields & Company Lubbock, TX 82-41-906-3175 Consider Bid #6690 for tractor and backhoe (Water department). (28) Low Bidder Yellowhouse Machinery Co. Lubbock, TX ($23,602.00) 82-41-906-3176 Consider Bid #6700 for water pipe 16" and fittings (Water Utilities). (29) Low Bidder Gifford -Hill -American, Inc. Dallas, TX ($7,264,38) 82-41-906-3177 Consider Bid #6647 for disposal of toxic waste material (349 capacitors, 23,850 (30) lbs.) (Electric Distrib.). Low Bidder Environmental Internationl, Inc. Kansas City, Kansas ($18,126.00) 28-41-906-3178 Consider Bid 6691 to furnish and install four deep well turbine pumps in Sandhills (31) Well Field, and authorize same (Water Utilities). Resolution No. 1039 Low Bidder Birkelbach Machine & Pump, Inc. Littlefiled, TX ($34,198.00) JWF: j s RESOLUTION NO. 1039 om 0=4 Fj 7� Fj F 71 82-41-907-1379 (32) *Contract filed w/orig resolution execute for and on behalf of the City of Lubbock a contract to be entered into by and between said City and Birkelbach Machine & Pump, Inc., for furnishing and installing four (4) deep well pumps and motors in the Sandhills Well Field of said City pursuant to W.W.O. 11612, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of February 1 1982. /S/Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: ISI Guy Wilson Guy Wilson, Utilities Engineer APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney NOTE: Bid 6691, WWO 11,612 1 Consider Bid #6680 for five steel 69 KV transmission poles, and authorize same (Electric Distrib.). Resolution No. 1040 Low Bidder KJ: cl C. E. American Pole Structures Houston, TX ($45,978.00) RESOLUTION NO. 1040 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract between the City of Lubbock and C.E. American Pole Structures for 69 KV transmission steel poles, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a'part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of February ,1982. ISI Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Carroll McDonald Carroll McDonald, Director of Electric Utilities APPROVED AS TO FORM: /S/ Ken Johnson Ken Johnson, Assistant City Attorney 82-41-907-1380 (33) *Reso. 1055 Consider Bid 6692 for paving Burl Huffman Athletic Complex and various neighborhood park parking lots, authorize same (Parks & Rec. Dept.), and authorize Community Development contingency funds. Resolution No. 1041 These paving bids relate to several park projects, two of which were approved under the 4th and 6th year CDBG for the construction of softball fields and the paving of the road and parking lot at Burl Huffman Athletic Complex. The project was originally budgeted for $218,525, but completion of the project will require $237,008. This project will need to be supplemented from the CD Contingency Funds in the amount of $18,483. The 6th year project that was approved was for the paving of the road and parking lot for 500 cars at the complex for an amount of $162,000. The bids received reflected a total cost of $202,000 and an additional 200 spaces could be constructed for an additional $45,000, for a total additional funding of $85,000. The parking lot at the Senior Citizen's Center on 19th Street was approved under the 3rd year CDBG at the time the old central library was renovated into a Senior Citizen's Center. The amount approved was $209,025, and there is remaining $12,842 for the paving. The bids reflected a cost of $41,234 which will necessitate an additional $28,392 from contingency. Floyd Nesbitt, Director of Purchasing, apprised the Council that all of the above referenced bids were low bids, and meet specifications; that additional Council action will be needed to appropriate the funding for the paving projects authorized by Resolution No. 1041 from the CD Contingency Funds. The motion was made by Councilman Aderton, seconded by Councilman Brown to approve Bid No. 6694, 6690, 6700, 6647; to approve Bid No. 6691 and to pass Resolution No. 1039 authorizing the contract with Birkelbach Machine and Pump, Inc. of Littlefield, TX; to approve Bid No. 6680 and to pass Resolution No. 1040 authorizing the contract with C. E. American Pole Structures, Houston, TX; to approve Bid No. 6692, and to pass Resolution No. 1041 authorizing the contract with Kerr Construction Company; and to authorize the expenditure as follows: $18,483 for completion of the softball fields at Burl Huffman Athletic complex $85,000 for paving of parking lot to accommodate 7000 parking spaces. $28,392 for paving the parking lot at Senior Citizen's Center. These funds will be allocated from the Community Development Contingency Fund. Motion carried: 4 Yeas; 0 Nays: Mayor Pro Tem Henry absent. SMR: d a RESOLUTION NO. 1041 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract between the City of Lubbock and Kerr Construction 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 25th day of February ,1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /S/ Susan M. Horton Susan M. Horton, Asst. City Attorney NOTE: Specifications and Contract Documents for Paving of Berl Huffman Athletic Complex and VArious Neighborhood Park Parking Lots is filed with original resolution. C.D.W.O. 8017 The Council recessed at 10:05 a.m. for Executive Session. Reconvening after the completion of the above business, the following item was considered. M M Resolution No. 1034 At the last Regular Council Meeting on February 11, 1982, the staff was instructed to work with the residents of the Yellowhouse Canyon Community to secure pro-rata contracts to extend water services to that addition. It was estimated by the staff that 50 contracts, with the down payment accompanying the contract, should be filed and subsequent to that action, the City would make application for a Certificate of Convenience and Necessity with the Public Utility Commission. At the time of this meeting, only a limited number of the contracts had been finalized, although the legal counsel for the residents indicated that there were other verbal commitments made, and they would be finalized in the near future. The legal counsel for Texas Bank, The Financial Institution funding the water system owned by Travis Martin, had indicated that there was a possiblity that the water system could be acquired from Mr. Martin after the Certificate of Convenience and Necessity has been approved. The motion was made by Councilwoman Baker, seconded by Councilman Brown to adopt the Resolution authorizing the City to apply for the Certificate of Convenience and Necessity form the PUC and other related documents. Motion carried: 3 Yeas; 0 Nays; Mayor Pro Tem Henry absent and Councilman Aderton abstained. JCR:cl RESOLUTION NO. 1034 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Staff of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock all necessary documents and forms appropriate for a Certificate of Convenience and Necessity from the Public Utility Commission of Texas authorizing the City to offer water services to the Yellowhouse Canyon Subdivision, and BE IT FURTHER RESOLVED: THAT the Mayor may be authorized to execute all necessary documents that may be needed to complete this Certificate of Convenience and Necessity, 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. FJPassed by the City Council this 25th day of February ,1982. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Sam Wahl Sam Wahl, Director of Water Utilities APPROVED AS TO FORM: ISI John C. Ross r-1 John C. Ross, Jr., City Attorney 82-41-909-1382 Zone Case No. 2350 - Ordinance 8296 (11) Request of David McCune (for University Assembly of God) to change Lots 1 thru 8, South College Addition, from R-1 and R-2 to Rf- located at *Publisher's 2401 - 48th Street. Affidavit on page 912A. The Planning and Zoning Commission recommends this request be approved, subject to the following condition: *NOTE: No site plan submitted for filing a. that it be tied to the site plan as presented. in the Office of the City Secretary In accordance with the Notice published in the Lubbock Avalanche -Journal, on February 10, 1982, a public hearing was held on the above matter. Proponent: John Crews on behalf of University Assembly of God Church The purpose of this request is to provide expansion for the Highland Hospital at the intersection of 50th and University Avenue. Adjacent land uses are: R-1 single family on the North and East; Highland Hospital across the alley on the South; and Bus BE=, 82-41-910-1383 (12) *Publisher's Affidavit on page 912A. NOTE: No site plan submitted for filing in the office of the City Secretary 82-41-910-1384 (13) *Publisher's Affidavit on page 912A. NOTE: No site plan submitted for filing in the office of the City Secretary placed upon the applicant by Commission. There being no discussion and no opposition, the hearing was closed. Motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Ordinance No. on first reading, subject to the condition that the approval is based on the site plan as f Motion carried: 4 Yeas; 0 Nays; Mayor Pro Tem Henry absent. SMH:mck ORDINANCE NO. 8296 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LU SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2350; PROVIDING FOR A PENALTY AS PROVID IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Zone Case No. 1875-H - Ordinance No. 8297 Request of John A Martin(for Oakwood Baptist Church) to change part of Lot 2, Commander's Addition, from R-1 Specific Use to A-2 zoning district, located at 6600 block of 26th Street. The Planning and Zoning Commission recommends this request be approved, subject to the following condition:_ a. That it be limited to a church and church -related uses. In accordance with Notice published in the Lubbock Avalanche -Journal, on February 10, 1982, a public hearing was held on the above matter. Proponent: John A. Martin, Pastor of Oakwood Baptist Church This request is for the purpose of the construction of a church, and presently zoned limited to mobile home park development. Adjacent land uses are: vacant mobile home park zoning on the North and West; a collector street (26th Street) and a golf course on the South; R-1 single family on the east. The comprehensive plan policy recommends that churches be kept on the periphery of a residential area adjacent to collector streest or thoroughfares and buffer from R-1 single family. The proponent indicated that the condition stated by the Planning & Zoning Commission was acceptable, and submitted to the Council a plat of the proposed use. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Ordinance No. 8297 on first reading subject to the condition as stated above. Motion carried: 4 Yeas; 0 Nays: Mayor Pro Tem Henry absent. SMH:mck ORDINANCE NO. 8297 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. 1875- H; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Zone Case No. 2356 - Ordinance 8298 Request of Edward and VAlerie Rackley to change Lot 11, Block 5, McLarty's Circle View Addition, from R-1 to A-2 zoning district, located at 6413 Avenue P. The Planning and Zoning Commission recommends this request be approved, subject to the following condition: a. That it be limited to a day care facility. In accordance with Notice published in the Lubbock Avalanche -Journal, on February 10, 1982, a public hearing was held on the above matter. Proponent: Ed Rackley This request is for a day care nursery which will accommodate 24 children. It will exist in a residence which faces north Avenue P. The adjacent land uses are R-1 single family on the North and East; sports stadium for L.I.S.D on the South; and vacant A-1 apartment zoning (a church use) on the West. Both Avenue P and 66th Streets are collector streets. There was some concern before P&Z about the facility being adjacent to R-1 single family; however, homeowners on the north have expressed no objections. The condition as stipulated was determined by the Planning and Zoning Commission, and is acceptable to the Proponent. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to uphold P&Z, passing Ordinance 8298 on first reading, subject to the stated conditions, restricting the facility to a day care center. Motion carried: 4 Yeas; 0 Nays; Mayor Pro Tem Henry absent. ED IFTEN 911 alm I I I I SMH:mck ORDINANCE NO. 8298 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. 2356; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 82-41-911-1385 Zone Case No. 2318-A - Ordinance No. 8299 (14) Request of Bill Cox (for Craft, Elliot & Fields) to change a tract of land out *Publisher's of Section 2-9,B—lock" A-K, from_.R--1 to R-2,,C-2 and A-1 zoning districts,. Affidavit on located at 66th Street and Frankford Avenue. page 912A. The Planning and Zoning Commission recommends this request be approved, subject NOTE: No site plan to the following conditions: submitted for filing in the office of a. The R-2 tract, as requested. the City Secretary b. The C-2 tract will be from 660' west of the Frankford Avenue right-of-way line. C. The east 450' of the A-1 tract will be limited to townhouses .only. The remainder of the tract will be A-1. In accordance with the Notice published in the Lubbock Avalanche -Journal, on February 10, 1982, a public hearing was held on the above matter. Proponent: Bill Cox, Architect ( on behalf of Craft, Elliot & Fields) Truett Craft, Developer Skett Ellston, resident of Farrah Del Norte Bill Casey Proponent was late for his hearing and the Mayor delayed the proceedings 10 minutes or so pending his arrival. This request is for multiple zoning at the southwest corner of 66th Street and Frankford Avenue. The Zone Case was heard previously, and was tabled primarily because it placed partment oning across the street from R-1 single family on Frankford. Adjacent land uses are: R-1, C-2 , and A-1 on the North; R-2 and A- 2 zoning for church use on the South; C-2 and R-1 zoning on the East; and R-1 zoning on the West. The areas involved are commercial zoning which should be maintained on major throughfaares, and previous policy by the P&Z and the Council have granted C-2 zoning on the northwest, northeast, and southeast corners. It is recommended that zoning extend no further than 660' from the intersection of 66th and Frankford. The comprehensive plan also recommends that high to medium density residential should be near a major throughfare, and is the proper buffer for R-1 single family. Proponents request includes 66 units for townhouses adjacent to Frankford, and 288 units for apartments, the traffic of which would flow directly with 66th and Frankford. One of the primary concerns of P&Z was the strip paving on Frankford Avenue and increased density improvements would over burden the existing paving and width of the street. The conditions stated above were imposed by P&Z. There has been considerable objection from the residents in the area at P&Z, and again in the Council Chambers, their objections consisting mainly of: there is no buffer between the development and R-1 single family; that the traffic problem has not been resolved before the development is approved; there would be an increase in crime, with an apartment complex development; there is fear among.the residents of a future development, since the property has exchanged hands twice already, and they fear another zone change request. In response to Councilwoman Baker's inquiry as to the site plan of the townhouse development area, Mr. Craft responded that units would consist of 1200 sq. ft. (two bedrooms) and, 1660 Tsq. ft. (three bedrooms); that they would be 60%masonry, and townhouse units do not have any sidewalls, so there would be brick veneer at the exterior walls; that they would be in the price range from $50,000 to $65,000 for the three bedroom; that the interior amenities will vary to make them marketable. Ms. Baker inquired about site plan or elevation being submitted and prepared for consideration, and the response was that there was no objection to the request, but they did request some flexibility inasmuch as the market is tight and money is expensive, and they are not sure when the actual construction will commence. Both Mr. Ellston and Mr. Casey were supportive of the request and the development in that area; however, Mr. Casey did indicate that Frankford needed to be paved and widened before the development actually took place. 912 Opponents: Omar Duffer - 5515 75th Street Charles McKnight - 5728 71st Street Paul Farris - Rout 9, Box 448 (745-9578) Douglas Cone - 5502 70th Place Connie Thornley - 5601 69th Street Pete Duff - 68th & Frankford Kim Allen - 5722 69th Street Mary Johnson - 6905 Evenston Jan Taylor - 5731 69th Street Ron Miska - 5711 67th Street Mr. Duffer had no objection to the zone request, but he did urge the Council and staff to evaluate the traffic pattern flow before the request is granted because the proposed development will create additional traffic problems; that the development at this area is good, but first, adequate consideration should be given to the widening and paving of Frankford and the general traffic flow in this area. Mr. McKnight apparently was the spokesman for the opposition, and although he complimented the proponents on their fine presentation, he had extensive objections which included improper notice being given to the area residents for the P&Z hearing; that their case was not heard until after 10:00 p.m. with termination hour of 11:00 p.m., and they did not feel that they had adequate notice, nor was there sufficient time for their testimony before the Commission; that upon review of the proponents other projects, their proposed apartment area was not compatible in quality or design; that the water pressure is already quite low prohibiting the use of sprinkler systems and household uses at times, and additional development would complicate this particular lack of City service; that the traffic on Frankford is prohibitive, particular at the 5:30 p.m. rush hour. Mr. McKnight filed with the Council various documentation in support of his presentation, and in summary objected that the P&Z did not allow proper hearing or notice to the Homeowners Association; that the zone request is based entirely on financial interest, as stipulated in his presentation with documentation to support his position; that there were innmumerable lack of City facilities ( water, traffic, and streets), and requested the Council remand Zone Case 2318-A back to Planning and Zoning for rehearing, and for the Homeowners Association to work with the Developers in considering Townhouses only. In essence, the primary thrust of the comments of the remaining homeowners related to the poor traffic conditions on Frankford (narrow streets and strip paving); very little opposition to a townhouse development which will be owner -occupied, but strong opposition to the apartment development as presented by the proponent; that there is little, if any, commitment or assurance from the proponent as to the type of construction, design, and those things that would enhance the area; the increase in crime; the over -crowding of Friendship School District (apparently this new development will not be in the Lubbock System) and general fear and trepidation as to what the future would hold, and whether or not this developer would stick with the project. The rebuttal by the proponent indicated a willingness to work with the homeowners, but they would not commit themselves as to the exact materials to be used in the construction, and with filing a site plan or elevation because of the limited flexibility this would provide them in trying to establish their funding and so forth. The alternatives available to the Council would be to refer the Zone Case back to Planning and Zoning for further consideration and for review and approval of a site plan; to approve the Zone Case on first reading but the second reading would be delayed until a site plan had been reviewed and approved; or table the case altogether. After all discussion, rebuttle and staff comments, the hearing was closed at 12:10 p.m.. The motion was made by Councilman, Brown to approve Ordinance No. 8299 with the conditions as stated by the Planning & Zoning Commission; that the staff submit a proposed schedule, cost, and plans for the improvement of the traffic on Frankford and in the general area; that a site plan be filed, reviewed and approved prior to second reading; and that a public hearing be held prior to consideration of this matter for second reading to allow the homeowners participation and discussion; that proper notice be given to the Homeowners Association prior to considering this matter for second reading. The motion was seconded by Councilwoman Baker. 4 yeas; 0 Nays; Mayor Pro Tem Henry absent. Contact persons for the Homeowners Association are: Kim Allen, 5722 69th (24) (794 3525) Paul Farris, (mailing address Route 9 Box 448) (794-9578) Charles McKnight, 5728 71th (24) (794-3446/741-2587). SMH: mck 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.2318-A; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. FEB 2 5199Z F_ F F_� Fj THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock County, Texas on this day personally appeared Twi a Fo I some /ICeount Manader 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 prior to the first insertion of this Legal Notice-454 words@27t per word-$122.58 No. 523406 at Lubbock County, Texas and the attached print- ed copy of the N o t i e ¢ is a true copy of the original and was printed in the Lubbock Avalanche -.Journal on the following dates: February 10, 1982 /I zz - / Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 16th day of Mareh 19R2 y 1S8 Ry �BVIVi'E 4tiic?:rE, IVCDTAtt't''i'U81.Iry Ihf 'MD FDR THj STATE Qf BLI4 FORM 58 to Fr4Y EXAS C.0kW' �9SS40N-6pjftM,N0V.-k0,`IA q Eg ,2 912B THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock County, Texas on this day personally appeared Twi I a Fo I som9 Account 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 prior to the first insertion of this Le ga I No t ice- 149 w o r d s@271 Pe r word-$40.23 No. 523407 at Lubbock County, Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: _ Fe h ru a ry 109 1982, "I 2,� ----- - 7 Account Manager LUBBOCK AVALANCHE-.JOURNAI. Southwestern Newspapers Corporation Subscribed and sworn to before me this 16th day of March 1982 ! 0N,I,;E MrK[E, NOTARY PUBUC IN N40 FOR THE STATE OF TEXAS FORM 58-10 Ki'( U IRES NOV. 10, 1994 �7 15-1671 913 FJ F]i F_J F-1 F_ 82-41-913-1386 Hold a public hearing on the application of Texland Petroleum Co. for an Oil and (15) Gas Drilling Permit, referred to as Olen Horne #1 well site, bearing municipal street address of one mile west of Lubbock Country Club. *Publisher's In accordance with the Notice published February 10, 1982 in the Avalanche -Journal a Affidavit on public hearing was held on the above matter. page 912B. Proponent: Dub Bratcher, (on behalf of Texland Petroleum Company) Opponent: Jack Nelson, Attorney on behalf of Dr. & Mrs. M. G. Ellesasser 711 Yucca Ln. This requested well site is currently zoned R-1, but was recently designated by the Planning and Zoning Commission as an industrial area. The application reflects that the proponent/applicant is the record owner of the proposed production unit of the acreage involved. There was no required publication on the part of the application inasmuch as they control 100% of the production unit. Mr. Bratcher indicated that if there were any questions from the Council, he would be glad to respond. Mr. Nelson expressed the opposition of Dr. & Mrs. Ellesasser, but come to find out, it was really the application of Sentry Oil, the public hearing to follow, and in actuality, this well site is one-half mile from the residence of the Ellesasser's. For the record however, Mr. Nelson expressed their opposition to granting the permit. Director of Planning Bertram stated that although the well site was in the R-1 zoning district, it had been designated industrial park and there were no problems from that point of view. He did express to the Council, however, some contents of the application that gave him some concern, those being: (.1) that the location of the above ground storage tanks were not clearly stated in the application, to which Mr. Bratcher responded that they were located on site; (2) the temporary sludge pits for waste necessary during the drilling process will need.to be removed, to which Mr. Bratcher responded that these, too, would be located outside of Lubbock, County. He summarized his comments recommending to the Council that the drilling permit include the.following items as conditions, allowable in accordance with the ordinance: 1. Mufflers shall be installed on all applicable drilling equipment. 2. The height of the pumping equipment shall be no more than 15'. 3. Pumping unit shall be powered by an electric motor. 4. Fire fighting equipment supplied by the contractor shall be in compliance with the City of Lubbock Drilling Ordinance. 5. Applicant shall provide Shaffer 3,OOO1b double hydraulic type E blowout preventor. 6. Fence entire pumping unit with 8' cyclone fence. 7. Applicant shall identify the location of the proposed permanent storage site unless it is beyond 5 mile ETJ boundary. 8. Applicant shall identify if waste and/or sludge will be contained at the drill site in a portable unit (plastic lines), or in a tanker. 9. Applicant shall set 1600' of surface casing as per Railroad Commission and Texas Water Development Board requirements. 10. Flow line shall be buried to a minimum depth of 36". 11. Applicant shall clear the area of debris, and restore the land to its natural contour after the drilling. There being no further discussion the hearing was closed. 82-41-913-1387 Consider authorizing the above referenced Oil and Gas Drilling Permit To Texland (161) Petroleum, Inc. (Olen Horne #1). The motion was made by Councilman Brown, seconded by Councilwoman Baker to grant the permit subject to the conditions recommended by Mr. Bertram, stated above, altering No. 7 above to allow on -site storage tanks, and to allow for sludge pits to be outside of Lubbock County. Motion carried: 4 Yeas; 0 Nays; Mayor Pro Tem Henry absent. 914 82-41-914-1388 (17) THE STATE OF TEXAS COUNTY OFBV�%g% Cl cKee Before me a Notary Public in and for Lubbock Col personally appeared Twi l a Fo l some Account Manager of the pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning, Evej being by me duly sworn did depose and say that said newspaper has been published than fifty-two weeks prior to the first insertion of this Legal Not 2' word-$35.64 No. 52340$ at Lubbock County. Texas ed copy of the Notice is a true copy of the original and was Avalanche -.Journal on the following dates: February 109 1982. Account Manager LUBBOCK AVALANCHE -.JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 5th day of March f982 �. BONNIE WKEE, NOTARY PUBLIC IN AND roR THE STATE OF TD(AS MY CCMMISBION EXPIRES NOV. 10, 1284 FORM 55-10 J, nwal 14 411, Hold a public hearing on the application of Sentry Oil Exploration Company for an Oil and Gas Drilling Permit, referred to as Haynesworth #1 well site, bearing municipal street address of 3001 Mesa Road. In accordance with the Notice published February 10, 1982 in the Avalanche -Journal a public hearing was held on the above matter. Proponent: Dick Milam, land consultant on behalf of Sentry Oil John Bauman, resident (leaseholder) Cleo Thiel, resident (leaseholder) Bob Priddy Opponents: Jack Nelson, Attorney on behalf of Dr. & Mrs. M.G. Ellesasser Fred Timberlake, resident Northridge Additon Dub Bratcher, Attorney on behalf of Texland Petroleum, Inc. The applicant's request for an oil and gas drilling permit is subject to the unitization requirement within the ordinance inasmuch as they are not the sole leaseholder of the required acreage; however, their application reflects they have 50% controlling interest. At the time the hearing commenced, the applicant had not filed with the City Secretary the performance bond as required by the ordinance, although indicating that he would place on file a letter of credit from the bank in the interim. City Attorney John Ross ruled that the hearing could be held pending fulfillment of this commitment. Mr. Milam indicated that he was just representing Sentry and actually was not knowledgeable of the content of the application, nor any of the in-depth circumstances; however, he would be glad to answer any questions. Mr. Bauman is a City employee (Police Department) and it is upon his property that the pumping jack will be located; that he has worked very hard to acquire this property, has maintained it into the same quality and condition as those, upon the ridge, and although he has not been the recipient of much warmth and acceptance in the neighborhood, he gets along well with his neighbors and the residents upon the ridge have their well (Northridge #1) and the people in this area would now like to enjoy the same benefits and have their well (Haynesworth #1). Ms. Thiel expressed her support of the well site, its location, and the terms and conditions of the lease which she entered into with Sentry. Mr. Nelson expressed opposition on behalf of the Ellesasser's stating that although they sign the unitization agreement, they executed it under duress, and that the well site will be within 350' of their swimming pool and they are concerned about contamination, noise, and other disavantages of the well being there; Mr. Timberlake once again appeared and expressed his concern of devastating the only scenic area in the canyon; that the well site is at the entrance of the Northridge Addition, and will be an eye sore each time the residents come and go into the addition; that there is concern with the increase of traffic with the heavy equipment inasmuch as they have strip paving and narrow streets, which do not comply with the City standards; 915 and in sum and substance he is very much opposed to granting this permit to Sentry. He did ask for those present living within the Addition in opposition to the application to raise their hands. Mr Bratcher on behalf of Texland, indicated that the public hearing on this matter before the Railroad Commission had been postponed until March 9, 1982, so Rule 37 had not been approved at the time of this public hearing; that there were inaccuracies in the stated 40-acre requirement, and actually Sentry did not have the 50% control as stated in the application; that many of the leases were not recorded in the Deed Records; that they had contacted those with leases in the production unit, and a notice of forced pooling had not been given, nor had they received a contract from Sentry. Director of Planning Bertram indicated that. the well site was in R-1 single family zoning district, and its presence would have an effect on the marketability of the residences in the Addition; the application indicates that there will be above ground storage tanks on site which would affect the marketability; that Yucca Lane will eventually tie into 1-27 as a collector street, and the well site is approximately 7' from this intersection, which is unsuitable and should extend back a greater distance; that a screening fence should surround the pumping unit entirely, and neither the pumping unit nor the fence should be closer than 19' from the right-of- way; that the performance bond has not been submitted to the City Secretary as required by the Ordinance. In rebuttle Mr. Bauman indicated that the leaseholders wanted the unit very badly; that they were entitled to their well site the same as their affluent neighbors had been granted permission; that the well site,was placed on his property inasmuch as he had more than one lot and it was not objectionable to those involved in the adjacent area, and finalized his remarks with "I want that well." Bob Priddy entered into the discussion at this point with a very emotional rebuttle, strenuously and somewhat violently objecting to Texland's interference and objections; that the oil and gas leases are not required by law to be recorded in the Deed Records; that he is the major royalty owner, and all leases held by him had been handled on personal, one-to-one basis; that the ordinance implementing the unitization provision was passed last September in a less than an honorable manner, the City officials yielding to the pressure of the Texland attorneys; that these leaseholders are entitled to their well the same as their affluent neighbors had been approved in January in the same manner by which their affluent neighbors received their well in January, and on more than one occasion called Mr. Bratcher a "liar". Regarding the matter of leases, City Attorney Ross asked Mr. Bertram whether or not the staff had verified the leases in accordnace with the exhibit filed in the applicatio Mr. Bertram responded that he had not seen the leases, and the City Secretary responded that they had been filed with her on Monday, February 23, 1982, and the same procedure with the Sentry application was used as with the Texland-Northridge application which was on a unitization provision.. The discussion deteriorated rapidly with hostile, violent outbursts between Mr. Bratcher and Mr. Priddy, and order was promptly restored by the Mayor. City Attorney Ross recommended to the Council that the matter be tabled and returned back to the staff, the hearing being continued until the next Council meeting. The motion was made by Councilman Brown, seconded by Councilwoman Baker to request the staff to further investigate the matters raised at the hearing, and to continue the hearing at the next Council Meeting on March 11, 1982. Motion carried: 4 Yeas; 0 Nays; Mayor Pro Tem Henry absent. 82-41-915-1389 Consider authorizing the above referenced Oil and Gas Drilling Permit to Sentry Oil (18) Exploration Company (Haynesworth #1). No action pursuant to the hearing being continued. The Council recessed for the completion of Executive Session, Work Session, and reconvened at 3:55 p.m. to consider board appointments. 82-41-915-1390 Consider one appointment to the CIVIL SERVICE COMMISSION. The term of Louis Trejo (34) expired f/-2-9/82. Appointed: Jack Sebastian 5407 - 67th (23) 794-2157 Plains Cotton Co-op 2901 Avenue A 747-3434 Term: 2/25/82 - 1/29/85 (3 Years) 82-41-915-1391 Consider one appointment to the ZONING BOARD OF ADJUSTMENT. Marcello Tafoya has (35) moved out-of-town; his term expires 7/10/82. Appointed: David Garza 5218 - 15th (07) 792-9671 Attorney Court Place 765-7153 (to fill the unexpired term of Marcello Tafoya, which expires 7/10/82) M 91t 82-41-916-1392 Consider appointing g one additional Council member to the Board of Directors, (36) South Plains Association of Governments. Appointed: Councilwoman Joan Baker 4610 - 20th (07) 795-7469 The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the above Board Appointments. Motion carried: 4 Yeas; 0 Nays; Mayor Pro Tem Henry absent. There being no further business, the motion was made by Councilman Aderton, seconded by Councilman Brown to adjourn at 3:57 p.m. Motion carried: 4 Yeas: 0 Nays; and Mayor Pro Tem Henry absent. ATTEST: Evelyn Gaffga,'City Se`E/r&ta#-Treasurer I ZA i BILE-McALISTER, MAYOR READ AND APPROVED THIS 11TH DAY OF MARCH, 1982. ATTEST: Etelyn Gaff a, City Sec iei-a/ re Treasurer '01� ..0 n�— � TI, L McAzTtSM�, MAYOR