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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/16/19783'76 NOV 16 1978 REGULAR CITY COUNCIL MEETING NOVEMBER 16, 1978 The City Council of the City of Lubbock, Texas, met at 9:30 a.m. in the regular meeting place at City Hall, the following members being present, to -wit: Mayor Dirk West, Mayor Pro Tem Alan Henry, Councilwoman Carolyn Jordan, Councilman M. J. Aderton, Councilman Bill McAlister, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: None 78-37-376-1056 The invocation was given by Jim Blagg, Assistant City Manager. (1) 78-37-376-1057 The Pledge of Allegiance to the Flag was given in unison by those present (2) in the Council Chambers. 78-37-376-1058 Approval of City Council Minutes - Regular Meeting, November 9, 1978 Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry, to approve referenced minutes. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-376-1059 Proclamations (4) "Red Day" - November 18, 1978 Mr. Mike Mitchell, Saddle Tramp President, and Jerry Bucher, Chairman, Red Day Committee accepted the proclamation. "La Senorita Scholarship Pageant Day" - November 18, 1978 Ms. Esther Sepeda and Mr. David Garza accepted the proclamation. "Adoption Week" - November 18-26, 1978 Ms. Barbara Johnson, President of the Council on Adoptable Children of Texas, Inc. and Mr. Doug Hale accepted the proclamation. "United Negro College Fund Week" - November 27-December 2, 1978 Mr. Fulton Berry accepted the proclamation. 78-37-376-1060 Special Presentations (5) Airman of the Month - October, 1978 Airman First Class Lambert J. Sikkema accepted the award. NCO of the Quarter Staff SSGT Keith L. Berger accepted the award. Wing Junior Officer of the Quarter First Lt. Stephen A. Headley accepted the award. Mr. Jerry Greuel, U.S. Treasury Department, Chairman of the local "Take Stock in America Campaign" presented the Minute Man award to Mayor West for the City of Lubbock, reflecting the City's participation in the campaign for the tenth consecutive year. 78-37-376-1061 Henry Hunek_e, Chairman of the Parks and Recreation Board, appeared (6) to present the following items: -- a. Consider a resolution authorizing the Mayor to amend existin2 deed restrictions on the Lubbock Lake Site archeological area. Mr. Huneke indicated that there existed a partnership between the City and Texas Tech for the purposes of excava- ing archeological remains in the Lubbock Lake Area. At the time a grant was entered into in December, 1974, there were certain deed restrictions placed on the site, 376a ;NOV 1 6 1978 78-37-376a-1061 (6a) aft RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock Be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Deed Restrictive Covenant Instrument running with the land sometimes known as the Lubbock Lake Site Archeological Project Area; being done at the special instance and request of the State of Texas to comply with grant funding archeological research regulations of the National Park Service of the United States Government, 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 16th day of November, 1978. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney THE STATE OF TEXAS DEED RESTRICTIONS COUNTY OF LUBBOCK The City of Lubbock, a Texas Home Rule Municipality located in Lubbock County, Texas, inconsideration of an compliance with the rules and regula- tions of the National Park Service of the United States Government concerning particularly requirements with respect to documentation necessary for grant funding for archeological research, and at the special instance and request of the State of Texas, the City of Lubbock as owner of the tract of land hereinafter described does hereby impose the following restrictive covenants enforceable by the State of Texas and running with the land, to -wit: RESTRICTIVE COVENANTS (1) THE OWNER (CITY OF LUBBOC� AND ITS SUCCESSORS IN INTEREST, IF ANY, SHALL OPEN THE PROPERTY TO THE PUBLIC FOR EXTERIOR AND INTERIOR VISITATION NO LESS THAN 12 DAYS A YEAR ON AN EQUITABLY SPACED BASIS AND OTHER TIMES BY APPOINTMENT UNTIL JUNE 1, 2018. (2) THE OWNER (CITY OF LUBBOCK) AND ITS SUCCESSORS IN INTEREST, IF ANY, SHALLf'REPAIR, MAINTAIN, AND ADMINISTER THE PREMISES SO AS TO PRESERVE THE HISTORICAL INTEGRITY OF THE FEATURES, MATERIALS, APPEARANCE, WORKMANSHIP, AND ENVIRONMENT UNTIL JUNE 1, 2018. Said restrictive covenants are hereby imposed upon the following tract of land located in the City of Lubbock, Lubbock County, Texas, being more particularly described by metes and bounds as follows, to -wit: BEGINNING at a 1" iron pipe set in the North line of Section 13 for the Northwest and beginning corner of this tract• from whence the Southwest corner of Section 13, Block A bears North 89� 49' West, 3582.1 feet; THENCE North 760 43' 30" East, 1101.8 feet to a 1" iron pipe set for a corner of this tract; THENCE South 760 44' 30" East at 482.05 feet pass the East line of a 95.27 acre tract of land, continuing for a total distance of 572.2 feet to a 1" iron pipe set for the Northeast corner of this tract; THENCE South 37038' West at 160.02 feet pass the South line of Section 13 and the North line of Section 18, continuing for a total distance of 913.5 feet to a 1" iron pipe set for a corner of this tract; 376b 1978 THENCE South 500 37' 30" West, 529.25 feet to a 1" iron pipe set for a corner of this tract; THENCE North 790 08' 30" West, 498.5 feet to a I" iron pipe set for a corner of this tract; THENCE North 370 54' West, 380.16-feet to a 1" iron pipe set for the Southwest corner of this tract; THENCE North 60 22' East, 546.9 feet to the PLACE OF BEGINNING. Containing 29.156 Acres 23.696 Acres in Section 18 5.460 Acres in Section 13 EXECUTED as of the 16th day of November, 1978. CITY OF LUBBOCK, TEXAS /s/Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK I BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared DIRK WEST, known to me to be the person whose name is subscribed to the foregoing instrument and acknow- ledged 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. 1978. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 16th day of November, /s/ Norvella Mosley (Seal) Notary Public, LubbockCounty, Texas 78-37-376b-1061 RESOLUTION (fib) 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 AGREEMENT to the Research, Monitoring and Advisory Service Agreement with Texas Tech University Water Resource Center on the Canyon Lakes Water Quality 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 16th day of November, 1978. /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Leon Bean Leon Bean, Asst. City Attorney 376c EXTENSION AGREEMENT TO THE RESEARCH, MONITORING AND ADVISORY SERVICE AGREEMENT CANYON LAKES WATER QUALITY WHEREAS, the City of Lubbock and Texas Tech University Water Resource Center entered into an Agreement on February 22,.1973, for the performance of research, monitoring and advisory service on the Canyon Lakes Water Quality, and WHEREAS, such Agreement was extended for twelve (12) months by an Exten- sion Agreement dated September 13, 1973; an additional twelve (12) months exten- sion on September 26, 1974; and additional twelve (12) months extension on Septem- ber 9, 1976; an additional twelve (12.) months extension on November 10, '1977; and WHEREAS, the parties to such Agreement.have notified the other party that this Agreement should be extended for an additional twelve (12) month -period. WITNESSETH: The City of Lubbock and Texas Tech University Water Resource Center do hereby extend that certain Agreement dated February 22, 1973, as described above and the Extension thereof, for a period of twelve (12) months, beginning on October 1, 1978. This Extension is granted upon the same terms and conditions as s�t forth in the original Agreement. The City shall pay to the Center as compensation for the services to be performed during the twelve (12) months of this Extension, the sum of $10,286.00 with payment to be at the rate of $857.17 per month on the first day of each month of the extension period. EXECUTED THIS THE 16th day of November, 1978. CITY OF LUBBOCK /s/ Dirk West DIRK WEST,_MAYOR ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Leon Bean Leon Bean, Assistant City Attorney ATTEST: TEXAS TECH WATER RESOURCES CENTER, TEXAS TECH UNIVERSITY Texas Tech University J. Knox Jones, Jr. Vice President for Research and Graduate Studies OV 16 1978 t3'79 NOV ; 6 191 kv W 78-37-379-1064 (9) 78-37-379-1065 (10) 78-37-379-1066 (11) The motion was made by Mayor Pro Teri Hefwy, secertded by Councilwoman Jordan to accept the recommendations of the Airport Board, and in addition to ask the Aviation Director to take whatever means necessary to hire someone on a temporary basis to look out lifter the baggage curb -side for customers; also to tempor- arily increase the number of Skycaps during the Holiday season, and continue exploring the possibility of shuttle service, these items to be funded by a supplemental budget in the amount of approximately $42,500.00; and to proceed with the installation of an additional baggage carrousel, said item to be funded from the Airport Capital Project Fund. Hatian carried: mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister noting Yea; none voting Nay. Representative of Citizens Traffic Commission appeared to Present request of the Bowie entary School PTA for a traffic signal at the corner of 34th Street and Chica o Avenue. Mr. Vaughn Hendrie, representing the Citizens Traffic Commission, presented a petition from the Bowie Elementary School PTA containing 1,075 signatures requesting a traffic signal at the above referenced location. Research data reflected there had been nine right angle accidents already in 1978 at this location, and the Commission voted to install the requested traffic signal. Mrs. Faye Lemming, representing the PTA, expressed to the Council, not only the need, but the entire support as reflected in the petition. In response to Council query, Bill McDaniel of the Traffic Engineering Department indicated that delivery of the appropriate signal would be seven to eight months. Jim Bertram, Director of Planning, indicated that possibly a temporary installation of a signal taken from another location could be installed pending the delivery of the appropriate signal. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to accept the recommendation of the Citizens Traffic Commission the cost to be borne from the Revenue Sharing funds. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. The Council also urged Mr. Bertram and Mr. McDaniel to install as soon as possible on a temporary basis the first available traffic signal, pending delivery of the appropriate type. Ordinance No. 7766 Request of J. D. Badley to change Lots 239, 238 and the east 65 feet of Lot 237, Bicentennial Estates Addition, City of Lubbock, Lubbock Count -, Texas, from "R-1' to R-2' Zoning District located south of 87th Street and west of Avenue X. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2115-A; CHANGE LOTS 238, 239 AND THE EAST 65 FEET OF LOT 237 BICENTENNIAL ESTATES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; PROVIDING A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7767 Request of Durwood Bolton for Wayne Pierce to change a tract of land out of Section 6, Block E-2, City of Lubbock, Lubbock Count Texas, from A-1 to 'C-2' Zoning District located west of Slide Road and about 50 feet north of 38th Street). AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2205; CHANGE A TRACT OF LAND OUT OF SECTION 6, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-1 TO C-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. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 30 flv 3 fi 1978 78-37-380-1067 Ordinance No. 7768 (12) Request of A. E. Quest, Jr. (for A. E. Quest & Sons, Inc.) to change Lots 24 and 25 Block 3, Berry Addition City of Lubbock, Lubbock County, Texas, from R-2" to C-4" Zoning District located north of East 35th Street and about 90 feet west of Cedar Avenue subject to the follow conditions: that it be tied to the site plan as shown; that it meet all C-4 standards. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2206; CHANGE LOTS 24 AND 25, BLOCK 3, BERRY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO C-4 ZONING DISTRICT; SUBJECT TO A CONDITION; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-380-1068 Ordinance No. 7769 (13) st of Jerry B. Nichols to change Lots 22 and 23, Block 1, wood Addition, Cityof Lubbock, Lubbock County, Texas, fr to C-4" Zoning District(located south of Clovis Road a venue u). AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2209; CHANGE LOTS 22 AND 23, BLOCK 1, KURTHW00D ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-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. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-380-1069 Ordinance No. 7770 (14) An ordinance to amend Zoning Ordinance #7084 Section 16.4-4 and 2 .3-1-2, concerning se --service gasoline sales. AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING CODE, BY MAKING SELF-SERVICE GASOLINE SALES BOTH A CONDITIONAL USE AND A SPECIFIC USE, IN THE C-2 ZONE DISTRICT, PROVIDING A SAVINGS CLAUSE: PROVIDING FOR A PENALTY CLAUSE AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE, AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-380-1070 Ordinance No. 7771 (15) Request of Phillip 16, Parks Addition, to "C-4' Zoninq Dis Fe Drive subject t site plan as shown; and west sides of t that garbage pick u W. Johnson (for William Cromer City of Lubbock, Lubbock Coun trict 11ocated north of 2nd St o the followin2 conditions: t that there be a solid masonr he development lot; that there p be made on the development T to change Lot 20, Block , Texas, from "R-1" et and west of Santa t it be tied to the ence on the north e no amplifiers allowed AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2207; CHANGE LOT-20, BLOCK 16, PARKS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 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. City Attorney John Ross requested that this item be tabled until the December 7, 1978, Council Meeting due to the fact that Mr. Phillip W. Johnson, attorney for William Cromer, had not had an opportunity to peruse the covenant which was to accompany this ordinance pursuant to Council action of November 9, 1978. Upon the City Attorney's recommendation the Council, by consensus, agreed to table this item until the December 7, 1978, Council Meeting. NOV r r 11 r r" said restrictions being in effect until December 10, 2003. The Texas Historical Commission now requests an extension of the these restrictions to the period of June 1, 2018. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to pass said resolution granting the requested extension. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoaman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. b. Consider a resolution authorizing the Mayor to sign extension a reement to the contract with Texas Tech University for resea monitoring anF advisory services on the Yellowh_o_u_se_Canyon Lake water quality. Mr. Huneke indicated that in 1973 the City entered into a contract with Texas Tech whereby the University would provide the water quality sampling of the Yellowhouse Canyon Lakes water; that this agreement had been extended each year and the Parks and Recreation Board recommend that it again be renewed for this research, monitoring and advisory services to be conducted by the University. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said resolution extending the agreement. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. c. Consider acceptance of triangle located at _13th Street and Toledo Avenue. In 1960 when the 6th Installment of Rushland Park Addition was platted, there was a .32 acre triangle at the above location which was retained by the developer for the purposes of land- scaping. Throughout the years the developer has provided mini- mal landscaping and maintenance. Don Harris and other residents have assumed the responsibility of maintenance from time to time. These same residents have appeared before the Parks and Recreation Board requesting that the City accept this particular tract inasmuch as they are unable to continue the maintenance; that the developer/owner is amenable to deeding the tract over to the City and that the Parks and Recreation Board recommends that they accept this .32 acres from the owner/developer. The two plans for landscaping presented by the Board are as follows: 1. The cost of planting the entire area in Junipers is estimated as $17,502.50; the annual maintenance cost is estimated at $400.00. 2. The estimated cost for landscaping the tract with grass and trees is estimated at $2,772.20, including the irrigation system; the maintenance cost is estimated at $700.00 per year. Mr. Huneke called to the Council's attention that there are some 13 other major tracts similar to this, although this one is the largest, five of which are presently being maintained by the Parks and Recreation Department; that there are many, many, many little minor areas created by street changes, and it would be advisable for the Council to take into consideration the precedent that would be established should they decide to accept this tract. It was the consensus of the Council that the Parks and Recreation Department and the Planning Department assimilate pertinent data with respect to the number of "islands" located throughout the City and the estimated cost involved for landscaping and maintenance of each area; further discussion on this matter will be held at a subsequent work session by the Council. 78-37-377-1062 Lubbock Property Owners Association Officers appeared to discuss (7) use of City vehicles in current areas of interest of LPOA. Appearing: Mr. Jack House, President, LPOA Mr. D. J. Faulkner, Vice -President, LPOA Mr. House prefaced his remarks with the statement that the Association did not feel that there were any free -spenders on the Council, and they had a great respect for the City Staff. 378 IOV a 1978 The primary issue was the use of agency automobiles for personal reasons. He indicated they had issued an official statement requesting that all governmental agencies operating in Lubbock County to cease and desist on driving vehicles (in this case the City vehicles) for personal purposes, such as to and from the office. Those excepted from this statement would be Police and Fire Department. He also indicated that members of LPOA would be glad to sit down and discuss this particular issue and others requested with members of the City Staff if so desired. With respect to the "current areas of interest", Mr. D. J. Faulkner presented a letter from the Association itemizing other areas of concern other than the personal use of City vehicles. They are: 1. to cease and drop all taxes and tax collection on automobiles; 2. to reduce the city budget and city taxes of 1979-80 by 30%; 3. reduce all surplus monies, including Revenue Sharing, to one-half of one percent of the total city budget. Mr. House felt compelled to explain to the Council that LPOA term "mis-use" is used in the broadest sense; however, he has no documentation to support their claim of mis-use of the vehicles. With respect to Item No. 2 requested by LPOA - to cease and drop all tax collection on automobiles - City Attorney, John Ross, commented that even though the voters approved the proposed amendment at the last election authorizing the respective regulatory body to implement this, until that amendment has become law through the State Legislature, the Council would encounter some legal problems to "cease" collecting taxes on property which has already been assessed. He indicated he would research the matter in greater detail. Mr. Ross also indicated that passage of such a law by the Legislature would not be retroactive. MR. JACK KASTMAN appeared to speak in opposition to this request of LPOA with respect to the City owned vehicle issue, commenting on the increased security provided by the Police Department when they have access to their vehicles at all times. He also indicated he had consulted with Pioneer Natural Gas, Southwestern Public Service, and with major insurance companies and in each case vehicles were furnished to their employees whose duties required them to be on call. 78-37-378-1063 Recommendations of Airport Board with respect to airport perking and (8) baggage carrousel. Mr. Marvin Coffee, Director of Aviation, appeared before the Council to submit the recommendations of the Airport Board which met Wednesday, November 15, 1978, at the request of the Council, to consider solutions to the problems of congested parking and traffic flow, the possibility of implementing curb- side baggage check in, and possibly implementing shuttle -service from the overflow parking lots to the terminal. The Board's recommendations are: 1. Curb -side check in is an airline responsibility that we (the Board) should reassert our position to get the airlines to provide this service; that it is a continuing effort in this area. That's the only recommendation we have in this regard. 2. Airport police - the Board recommends three additional police officers to get adequate coverage needed; one officer to provide partial coverage because we have peark-periods out there all the time, although it doesn't always result in the overflow lot, but we have peak out there seven days a week, and we need three men to cover this adequately and the situation is getting more critical all the time. 3. Parking supervisordspotter: Recommend employing them as outlines in my (Mr. Coffee's) memorandum last week, with the possibility -- the spotter would be on part-time, and we would discontinue that as we move into the expanded lot; we would look into the possibility of building a short tower out there, stationing personnel in that which could act as both of these people -- spotter and parking lot supervisor -- to observe the lot and provide security and detect problems, etc. We could.,work out the details on that later on. 4. The shuttle: The Board felt it was not practical to provide shuttle if we utilize space in the lots; that it would be better to utilize the space, as we are experiencing empty spaces. The shuttle is impractica from good many standpoints; that it would not be available when wanted by the individual; that we would offer it only at peak periods, . . . and would not operate on a Wednesday, let's say, which could have a negative effect on our PR; the Board does not feel we have that much overflow to justify it. 5. Additional baggage system is real critical and need to get on with it; we -need to get the architect to prepare plans and specifications and move right ahead with it. N OV 1 6 r r 78-37-381-1071 (16) 78-37-381-1072 (17) 78-37-381-1073 (1$) 78-37-381-1074 (19) 78-37-381-1076 (20) Ordinance No. 7763. An ordinance amending Chapter 28, Section _2.8_-_40 A (2), regulating street barricades. �' AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES FOR THE CITY OF LUBBOCK BY REVISING SECTION 28-40A(2) THEREOF, PERTAINING TO THE ADOPTION OF A BARRICADE MANUAL FOR THE CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY AS PROVIDED BY SECTION 1-5 OF THE CITY CODE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7764 An ordinance amending Section 303 (A) of the Uniform Buildi 1976 Edition, regarding building permit fees. Code AN ORDINANCE AMENDING SECTION 303(a) OF THE UNIFORM BUILDING CODE, 1976 EDITION, THE SAME AS PREVIOUSLY AMENDED HAVING BEEN ADOPTED AS THE BUILDING CODE FOR THE CITY OF LUBBOCK, BY REVISING THE BUILDING PERMIT FEE SCHEDULE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE.AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry,Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7765 An ordinance amending Section 11 A-5(1) of the Electric Code as regar the adoption of the 1.978 National Electric Code and Section 11A-82 as regards establishing a fee schedule for electric permits. AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF LUBBOCK, BEING THE ELECTRICAL CODE, BY AMENDING SECTION 11A-5(1) ADOPTING THE NATIONAL ELECTRICAL CODE (NFPA NO. 70P1978) 1978 EDITION AND AMENDING SECTION 11A-82 ESTABLISHING A FEE SCHEDULE FOR ELECTRICAL PERMITS, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY AS PROVIDED IN SECTION 1-5 OF THE CITY CODE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Consider approval for site plan in the Lakerid a Country Club Estates subdivision for a_ golf course, building, and recreation center. The original site plan presented to the Council at the time the tract was zoned "R-1" Specific Use did not reflect the referenced improvements. It is the policy for the specific improvements to be reflected on subsequent site plans filed with the Council. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to approve referenced site plan. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Consider_ the release of a paving lien against Lot feet of Lot 8, Block _4,_Wayside Addition. RF(Zf)l IITTfUU id the west 15.7 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 Partial Paving Assess- ment Lien Release affecting parts of the paving program set forth in the Paving Resolution recorded in Volume 391, Page 6 of the Deed Records of Lubbock County, Texas, as therein described specifically in favor of Lot 7 and the West 15.7 feet of Lot 8, Block 4, Wayside Addition to the City of Lubbock, Lubbock County, Texas, attached herewith which shall be spread upon the minutes of the Council and as spread upon the Minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 16th day of November, 1978. ATTEST: /s/ Dirk West DIRK WEST, MAYOR /s Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer 42 PARTIAL RELEASE -OF PAVING LIEN THE STATE OF TEXAS COUNTY OF LUBBOCK WHEREAS, the City of Lubbock holds a certain paving lien described as Unit #868, Ordinance #917, dated June 9, 1949, and found of record in Volume 391, Page 6 of the Deed Records of Lubbock County, Texas; and WHEREAS, it has been determined that no paving was actually done under said lien and no debt arose therefrom; and WHEREAS, the City of Lubbock, Texas, in consideration of the above, desires to release said lien insofar as it applies to that same property, NOW THEREFORE: BY this instrument the City of Lubbock, a Home Rule Municipality acting through its Mayor, DIRK WEST, does hereby release, quitclaim, discharge and cancel the above -described paving lien as it applies to Lot 7 and the West 15.7 feet of Lot 8, Block 4, Wayside Addition to the City of Lubbock, Lubbock County, Texas. The remainder of said lien, not specifically released, shall continue in force and effect. EXECUTED this 16th day of November, 1978. CITY OF LUBBOCK /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evelyn Gaffga EVELYN GAFFGA, City Secretary -Treasurer APPROVED AS TO FORM: APPROVED: /s/ Leon Bean /s/ Reed B. Loflin LEON BEAN, Assistant City Attorney REED B. LOFLIN, Real Estate Director, Urban Renewal I THE STATE OF TEXASI COUNTY OF LUBBOCK I BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared DIRK WEST, known to me to be the person whose name is subsc.ribed to the foregoing instrument and acknowledged to me that he executed the same in the capacity therein stated and for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 16th day of November, 1978. /s/ Mary C. Gonzales Notary Public, Lubbock County, Texas This tract was approved for paving in 1949 at which time a paving lien was recorded against the property; the paving was never completed, and a release of the paving lien was never executed and recorded. Subsequent to the May 11, 1970, tornado, this tract was sold by the Urban Renewal Agency to the present owner (in 1972) under the impression that the property was conveyed with a clear title. The present owner desires to sell the property and it has been discovered that there was a paving lien recorded against the property. From the recommendation of the City Attorney's office, this is a housekeeping matter whereby the City is authorizing the release of the paving lien dated 1949. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to I pass said resolution authorizing the Mayor to execute this release. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-382-1076 Consider approval on the price and conditions of sale on Parcel 17-3 (21) a part thereof in the Coronado -Tex. R-33 Urban Renewal Area. Redeveloper: James Earl Skief, $1,500.00, single-family residence NOV 16 ] 78-37-383-1077 Consider approval on the price and conditions of sale Parcel 5E-1-4B (22) in the Lubbock NDP Urban R-e-n-ew-al Area. Redeveloper: Nick P. Lara and wife, Susie L. Lara, $1,100.00, landscaping and adding to existing property Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to approve referenced sales. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-383-1078 Consider setting December 14, 1978 as the date for the first public (23) hearing for the 1979-80 Community Development Block Grant Program. The purpose of this hearing is to consider the recommendations of the Community Development Advisory Committee for the 1979-80 Community Block Grant Program. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to hold requested hearing at 10:30 a.m. on December 14, 1978. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-383-1079 (24) 78-37-383-1080 (26) 0 Consider setting dates for two public hearings to consider an amendment to the 1978-79 Community Development Block Grant Program. The purpose of these public hearings is to consider setting up an intensified code enforcement program, to allow for water and sewer lines ahead of paving in the 1978-79 City Block Grant Program and to place an additional $14,168 in contingencies. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to hold the public hearings at 10:15 a.m. on December 7, 1978 and December 14, 1978. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Consider a resolution directing the Engineer to prepare and file estimates, rolls, etc., for curb and utter improvements on Slide Road from South Loop 289 to 82nd Street. G.W.O. 10,964 RFr%01 11T T [iN RESOLUTION DIRECTING ENGINEER TO PREPARE AND FILE ESTIMATES, ROLLS, ETC., IN CONNECTION WITH PROPOSED OUTERMOST CURB AND GUTTER IMPROVEMENTS ON SLIDE ROAD FROM SOUTH LOOP 289 TO 82ND STREET IN THE CITY OF LUBBOCK, TEXAS. WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered and provided for the outermost curb and gytter improvement of a portion of Slide Road in the City as designated below: Slide Road from its intersection with the South Property Line of South Loop 289 to its intersection with the North Property Line of 82nd Street known and designated as Sub -Unit Number 35 of Unit Number 2233. AND it is proposed to make and levy assessments against abutting property and the owners thereof and others for a portion of the cost of such improvements. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK TEXAS, THAT: The Engineer of the City be, and he is hereby directed to prepare and file with the City estimates shoving cost of improvements in each Unit, showing the description of the property abutting upon each unit with the names of the owners of such property and the amounts proposed to be assessed against each parcel of property showing other{,matters and things, it being specially provided, however, that any mistake in such estimates or in amounts and in the descriptions of property or names of owners shall in no wise affect, invalidate or impair any assessment which may be levied. Such estimates, rolls and statements shall show all information required to be shown thereon by the proceedings of the City relating to such improvements and the law and charter with amendments in force in the City, and by the pro- visions of Article 1105B, Revised Civil Statutes of Texas as amended by Chapter 281, Acts of the 52nd Legislature. This resolution shall take effect and be in force from and after its passage. WOO ov 16 1979 PASSED AND APPROVED, THIS THE 16th DAY OFriNOVEMBER, 1978. ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer /s/ Dirk West Dirk West, Mayor APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney 78-37-384-1081 Consider a resolution approving and adopting estimates of the cost (26) of improvements and amounts to be assessed for curb on Slide Road from South Loop 289 to 82nd Street and directing the Cit Secretar to oublish Notice of Hearing hearing date February 22, 1979). G.W.O. 10,964 R1=SfN IITTnN RESOLUTION APPROVING ANDADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS, OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE OF CURB AND GUTTER ON A PORTION OF SLIDE ROAD IN THE CITY OF LUBBOCK, TEXAS, SAID IMPROVEMENTS BEING DESIGNATED AS G.W.O. 10,964, FIXING THE TIME AND PLACE FOR A HEARING TO THE OWNERS OF ABUTTING PROPERTY, AND OTHER PERSONS INTERESTED IN SAID PROPERTY AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE ON BEHALF OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the Governing Body of the City of Lubbock has heretofore ordered that a portion of Slide Road be improved by installing the outermost concrete curb and gutter, and, WHEREAS, the Governing Body of the City of Lubbock has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates of the amounts per front foot to be assessed aga'inst abutting property and the owners thereof, and such estimates have been prepared —and examined; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: Such estimates be and they are hereby adopted and approved. II. NOTICE TO THE OWNERS OF PROPERTY ABUTTING UPON THE HEREINBELOW MENTIONED PORTION OF SLIDE ROAD AND TO ALL OTHERS AFFECTED: The Governing Body of the City of Lubbock has heretofore ordered that the following portion of Slide Road in the said City of Lubbock, Texas be improved by installing concrete curbs and gutters as designated below: It is found and determined that the cost of curb and gutter improvements on such portion of said Slide Road with the amount or amounts per front foot proposed to be assessed for such curb and gutter improvements against the abutting property and the owners thereof, on the portion of said Slide Road are as follows: Slide Road from its intersection with the South Property Line of South Loop 289 to its intersection with the North Property Line of 82nd Street, known and designated as Sub -Unit Number 35 of Unit Number 2233; the estimated cost of the outermost curb and gutter improvements is $54,105.27; the estimated amount per front foot to be assessed against the abutting property and owners thereof for said curb and gutter is $5.45. And arrangement for the making and construction of such curb and gutter improvements has been made and entered into by the City of Lubbock, Texas, and rolls or statements showing the proposed amounts to be assessed against the abutting property, and the owners thereof have been filed with the City, such rolls or statements showing other matters and things, and have been approved and the City Council of said City has fixed a time and place for hearing to the owners of property abutting upon said portion of Slide Road and to all others affected, at which hearing the amounts to be assessed against the respective parcels of abutting land and the owners thereof for improvements in the units upon which the particular parcels of property abut, the amounts of benefits to.the respective parcels of property by means of the improvements in the unit upon which the particular property abuts, the regularity of the proceedings with reference to such improvements, the apportionment of the cost of such C �71 �7 0 NOV 16 C F1 improvements, and other matters and things will be determined, and after such hearings assessments will by ordinance be made and levied, and such hearing will be had and held by and before the City Council of the City of Lubbock, Texas, in regular City Council Meeting Room in the City Hall in the City of Lubbock, Texas, on the 22nd day of February, 1979, at 2:00 P.M. o'clock. The rolls or statements showing the proposed amounts of such assessments are on file in the office of the City Secretary and copies thereof are in the office of the Cite Engineer of the City of Lubbock and open to inspection of any interested parties at any time, and of all said matters and things all such owners of property, as well as any any and others in anywise affected or interested, will take due notice. By order of the City Council of the City of Lubbock, this the 16th day of November, 1978. No notice other than that herein provided for shall be necessary and such notice shall be due and sufficient notice to any and all persons, firms, corporations and other parties. That a hearing be given and held by and before the Governing Body of the City of Lubbock, Texas, to all persons owning or claiming any property abutting any part or portion of said Slide Road described in Section II, of this Resolution, as well as all owning or claiming any interest in any such property. Such hearing shall be given and held on the 22nd day of February, 1979, at 2:00 P.M. o'clock on the second floor in the City Hall, City of Lubbock, Texas, and the City Secretary is hereby directed to give notice of the time and place of such hearing, and of other matters and facts in accordance with the terms and provisions of an Act passed at the first called session of the 40th Legislature of the State of Texas and known as Chapter 106 of the Acts of said Legislature which has been adopted as an amendment to and made a part of the Charter of the City of Lubbock, Texas, and as amended by Chapter 176 Acts of the both Regular Session of said Legislature. Such notice shall be by advertisement inserted at least three times in a newspaper published in the City of Lubbock, Texas; the first publication shall be made at least twenty-one (21) days before the said hearing; and, additional written notice of the hearing shall be given by depositing in the United States mail, at least fourteen (14) days before the date of the hearing, written notice of such hearing, postage prepaid, in an envelope addressed to the owner of the respective properties abutting such highways, avenues, and/or alleys or portions hereof to be improved, as the names of such owners are shown on the then current rendered tax rolls of the City of Lubbock and at the addresses shown, or if the names of such respective owners do not appear on such rendered tax rolls, then addressed to such owners as their names are shown on the current unrendered rolls of the City at the addresses shown thereon. Said notice shall comply with and be in accordance with the terms and provisions of this resolution and said Acts as amended. PASSED AND APPROVED BY UNANIMOUS VOTE OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS, THIS THE 16TH DAY OF NOVEMBER, 1978. /s/ Dirk West Dirk West, Mayor ATTEST: /s/ Evelyn Gaff a Evelyn Gaffga, City Secretary -Treasurer APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney These items are required as a part of an assessment paving program for Slide Road from South Loop 289 to 82nd Street. Although it is a Highway Department project, the City will be required to participate in the curb and gutter and to assess adjacent property owners for this part of the paving project. The motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass referenced resolutions. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 6 1978 78-37-386-1082 Change Order No. 2 to G.W.O. 10,924 contract with Kerr Construction_ (27) Company for widening Main Street 4' on north side between Avenue P and the lot line aonroximately 400 west of Avenue "P". Federal venue s TO: Kerr Construction Co. P.O. Box 888 Lubbock, Texas 79408 Gentlemen: CHANGE ORDER NO. 2 TO G.W.O. 10,924 WHEREAS, it is desireable to make changes in the plans and specifications for this project, being namely the addition of the following Sub -Unit to this program UNIT NO. 2234-45. Ord.ginal Amount of Contract G.W.O. 10,924 - $433,943.50 Increased by Change Order No. 1 - 17,374.87 Increased by Change Order No. 2 - 8,547.24_ Total Amount of Contract - $459,865.61 Completion for this contract July 1, 1978. Additional time added by the Change Order. Completion date - May 1, 1979. THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to the change shown herein and in the revised plans, the Owner agrees to pay the Contractor the amount of increase in cash. The Contractor agrees to proceed with construction and to adhere to applicable specifications, under the direction of the Engineer. Furthermore, the'parties agree,that,the original,contract between tfie-Owner and the Contractor shall be modified to the extent herein indicated, including one (1) attachment. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 16th day of November, 1978. Kerr Construction Company (Contracto-) By /s/ Ken Hancock Title: President Ken Hancock Kerr Construction Company CITY OF LUBBOCK (Owner) By /s/ Dirk West Attest: /s/ Evelyn Gaffaac a Dirk West, Mayor Evelyn Gaffga, City Secretary RECOMMENDED FOR APPROVAL /s/ Wilford D. Watson /s/ Larry Cunningham Wilford D. Watson, City Engineer Larry Cunningham, City Manager Change Order #2 Cost Estimate 2234-45 - Widening the North side of Main Street from 250 feet East of the East Property Line of Avenue "Q" to 500 feet East of the East Property Line of Avenue UNIT QUANTITY UNIT AMOUNT PRICE 1. 6" concrete curb and gutter or 30" wide seperate gutter, including subgrade preparation, complete in place, per linear foot. 250 L.F. $ 5.35 $1,337.50 2. 4" thickness sidewalk, including subgrade preparation, complete in place, per square yard. 152.78 S.Y. $13.50 $2,062.53 3. 6" reinforced concrete paving surface (3000 lb./7 day high early type) in- cluding subgrade preparation, complete in place, per square yard. 158.44 S.Y. $19.50 $3,089.58 3S NOV 16 i F F 4. Concrete Slab Removal and disposal, per square yard. 263.56 S.Y. $ 4.25 $1,120.13 5. Removal of curb and gutter per linear foot. 250 L.F. $ 3.75 $ 937.50 TOTAL CHANGE ORDER NO. 2 = $8,547.24 This Change Order will allow the widening along the north side of Main Street in conjunction with construction of a new drive-in banking facility. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to approve referenced Change Order. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-387-1083 Consider street paving improvement on Avenue V between 35th Street (28) and 37th Street. -•- _._ This section on Avenue V is scheduled for paving under the current Community Development Paving Program. It is recommended that a 30' wide paving strip be constructed to eliminate removing trees on the east side of the right-of-way of 37th to 36th Street. 78-37-387-1084 (29) 78-37-387-1085 (30) 78--37-387-1086 (31) Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to approve referenced paving improvement on Avenue V. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Consider proposal for performance of audits Services Grant, Federal Revenue Sharing Gran Assistance Grant. squired by Community and Transit Operational Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to approve referenced audits. Motion carried: Mayor Nest, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Consider scheduling public hearings for burner tip gas rates. Mayor Pro Tem Henry presiding. The Council was requested by Fred Poe, Chairman of the Steering Committee for the area -wide study of the Pioneer Natural Gas Company rate request to call a public hearing and to give notice to Pioneer Natural Gas as soon as possible. City Attorney John Ross apprised the Council that under the Public Utility Act, January 12, 1979, was the latest possible date which this hearing could be held. He also indicated that the hearing could be held prior to January 12 and then continued to a subsequent date if necessary. He also called their attention to the fact that the hearings with Pioneer Natural Gas on the Industrial Gas matter will not be concluded until early January which does present a conflict of time. Therefore, he recommended that the hearing on the burner tip gas rate matter be scheduled for January 11, 1979, said hearing to be continued to a subsequent date if necessary. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to schedule referenced public hearing on January 11, 1979 at 11:30 a.m. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. Consider a resolution requiring that all user fees of the City of Lubbock be reviewed and updated on an annual bases. RFS0I IITTON RESOLUTION PROVIDING FOR THE ANNUAL REVIEW OF ALL MUNICIPAL FEES: WHEREAS, the CITY OF LUBBOCK assesses fees in connection with the issuance of licenses and permits and makes other charges for designated general governmental services, and WHEREAS, the City Council of the CITY OF LUBBOCK finds it sound fiscal policy and good management practices to require that these fees and charges be reviewed on an annual basis, and WHEREAS, the City Council of the CITY OF LUBBOCK further finds that license and permit fees and charges for designated governmental services should be set in suffi- cient amounts to off -set administrative costs of such activities, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I. THAT the director of Finance Administration for the CITY OF LUBBOCK, shall review on an annual basis all of the charges made by the CITY OF LUBBOCK for the issuance of licenses and permits together with any and all other charges made for designated general governmental services and shall report to the City Manager no later than Ninety (90) days prior to the adoption of the annual budget, each case wherein such fees or charges are insuffi- cient to cover the administrative costs connected therewith. 1978 - 78-37-388-108F (32) 78-37-388-1088 (33) II. IN all cases where the director of Finance Administration deems, fees for licenses and permits and charges for designated governmental services are deficient he shall also report to the City Manager his recommendation as to the increases necessary so that the revenues derived will be sufficient to meet the administrative costs involved. The City Manager shall, upon receipt of the recommendations by the Director of Finance Administration, take the necessary steps to see that all fees and charges addressed in.this Resolution are increased in sufficient amount to off -set their Administrative costs. Passed by the City Council this 16th day of November, 1978. /s/ Dirk West ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr.; City -Attorney Pursuant to discussions by the Council during the budget work sessions in the Summer 1978, it is deemed appropriate for the review of all user fees to be on an automatic bases, annually, with the respective department chairman making the recommendations to the Council for consideration. Mr. Jack House, President of LPOA, asked to speak to the Council with respect to this matter as it is applicable to special interest groups; that the LPOA asks the Council to review these matters in terms of it serving the masses and not just special interest groups. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to pass said resolution, which reflects that the Director of Finance shall review annually all charges made by the City and shall report to the City Manager no later than 90 days prior to the adoption of the annual budget; that should such fees for licenses or permits be considered deficient, he shall report to the City Manager his recommendation as to the increases so that revenues derived will be sufficient to meet administrative costs; that the City Manager upon receipt of the recommendations from the Director of Finance shall take the necessary steps to see that all fees and charges are increased in sufficient amount to off -set administrative costs. Motion carried: Mayor best, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Claims against the City. Claim No. 78-C-252-State Heating and Air Conditioning Company-$102.25 Upon the recommendation of the City Attorney, the motion was made by Councilman McAlister, seconded by Councilman Aderton to deny referenced claim. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Consider Bid No. 5083 forequipment stora a buildin Warehouse Department - Revenue Sharing Funds). Low Bidder Hunter Construction Company, Lubbock 78-37-388-1089 Consider Bid No. 5096 for lift station (Engineering Department). (34) Low Bidder Brown -McKee Company, Lubbock Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve referenced bids. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. I r1i 3t� NOV 16 7 78-37-389-1089 cont. Ordinance No. 7772 78-37-389-1090 (35) 78-37-389-1091 (36) An appropriation ordinance to -fund lift station. 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: Sewer Capital Project The sum $100,061.00 For the following purpose: Camelot Area Lift Station $ 94,396.84 Engineering and Contengencies 5,664.16 100,061.00 AND IT IS SO ORDERED Passed by the Council on First Reading this 16th day of November, 1978. Passed by the Council on Second Reading this day of 1978. MAYOR ATTEST: VERIFIED BY: /s/ Sterling K. Miller City Secretary-Treas. FINANCE OFFICER APPROVED BY: /s/ Wilford D. Watson HEAD OF DEPT. ENGR. DEPT. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Consider Bid No. 5102 for radar units (Police Department). Low Bidder M. P. H. Industries, Inc., Chanute, Kansas Consider Bid No. 5110 for plant material (Parks & Recreation Department). Items 1,7,8,9,11 Items 2,3,4,5,6,10,12,13 Kershner Nursery, Lubbock Holden-Dodsen Nursery, Lubbock Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to approve referenced bids. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-389-1092 Reconsider Bid No. 5092 for two solo motorcycles (Police Department). (37) Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to reconsider Bid No. 5092. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Discussion followed with regard to the possibilities of closed specifications being a handicap whereby other motorcycle dealers did not have an opportunity to bid. Councilman McAlister indicated they had not received the study from the Los Angeles Police Department who are currently using a foreign make motorcycle and he would like to peruse that study before making a decision on this bid. Additional discussion indicated the possible unfair practice that would be reflected to the low bidder as reflected in the November 9, 1978 minutes and possibly it would be wise to accept this bid and then initiate the study for the subsequent purchases in 1979-80. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to hold accepting this bid until December 7, 1978. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. g 1978 78-37-390-1093 (38) 78-37-390-1094 (39) Consider two appointments to the City Health Board. Marilyn Dunn (Mrs. Jack), 4907-19th Street, Lubbock, 79407 (Phone No. 799-6449) for a term of three years, expiring 12-31-81 Consider two appointments to the _Housing Authority Board. Dr. Charles E. Henry, 2623 East Auburn, Lubbock (763-9873) Cathy Morton (Mrs. Harvey), 2017-53rd Street, Lubbock (747-9739) These appointments are for a term of two years said terms expiring 12-27-80. Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to approve referenced appointments. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. There being no further business, the meeting was adjourn. ATTEST: City Sec etary-Treasu READ AND APPROVED THIS THE 7th DAY OF December 1978. ATTEST: C'ty Secreta y-Treasurer A pi