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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/14/1978413 D E C 1 4, 1978 OF REGULAR CITY COUNCIL MEETING December 14, 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 78-37-413-1145 The invocation was given by Jim Blagg, Assistant City Manager. (1) 78-37-413-1146 The Pledge of Allegiance to the Flag was given in unison by those present in (2) the Council Chambers. 78-37-413-1147 Appearances (2a) Santa Claus made an appearance wishing members of the Council not only a happy holiday, but presenting a gift to Councilman Bill McAlister, who was absent at the employee banquet on December 7, 1978, and to the City Secretary. 78-37-413-1148 Proclamations (2b) In recognition of their valor and heroism in rescuing two Lubbock citizens from a burning building, Mayor West proclaimed December 14, 1978, as: 2nd Lt. Bob McNeal Day 2nd Lt. Chris Manno Day 2nd Lt. Gary Loughrey Day 2nd Lt. Jim Rowland Day These gentlemen are Airmen based at Reese Airforce Base. Colonel Montgomery also expressed a few words of appreciation and commendation for the valor exemplified by these young men, and to the members of the City Council and to the citizens of Lubbock for the support and interest in personnel at Reese. Airman of the Month Recipient: Senior Airman Dale Robling 78-37-413-1149 Ordinance No. 7771 (4) 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 20Block 16 Parks Addition City of Lubbock Lubbock Count Texas from "R-1" to "C-4" Zoning; District• subject to the following conditions: providing fora penalty as as 2rovided for in Section 1-5 of the City Code; providing a savin s clause and providing for publication. 78-37-413-1150 Consider Resolution authorizing the Mayor to execute a contract between (5) the City and William Cromer concerning a covenant running with the land referenced in above ordinance. 78-37-413-1151 (6) These items were again tabled for the reason that the proponent William Cromer and the opponents have not reached an agreement as to the language in the covenant running with the land. Mayor West instructed the City Secretary to leave these items off of any future agendas until this matter has been settled, and that both the proponents and the opponents would be notified when these items would next be considered. Ordinance No. 7781 Zone Case No. 2208 - Request of Billy Meeks for Tara Land Company) - to change a tract of land out of Section 22 Block A and Section 1 Block J-S City of Lubbock Lubbock County, Texas from "R-1" to 11R-2". "A-1" "A-2" and "C-3" Zoning District (located south of Erskine Street and East of Albanv Avenue) subject to the to-ilowing conditions: that the C-3 tract be changed to "C-2" on the north side of this tract• that the "A-2" tract on the northeast corner of this tract be limited to church use. 4 LGB:hw ORDINANCE NO. 7781 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. 2208; CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 1, BLOCK J-S CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-2 ZONING DISTRICT; SUBJECT TO A CONDITION; CHANGE A TRACT OF LAND OUT OF SECTION 1, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 1, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1 ZONING DISTRICT; 414 DEC 1 4 1978 CHANGE A TRACT OF LAND OUT OF SECTION 1, BLOCK J-S, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; CHANGE TWO TRACTS OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R- 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. Mayor Pro Tem Alan Henry presiding. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on second and final reading. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. 78-37-414-1152 Ordinance No. 7775 (7) Zone Case No. 2210 - Request of Lloyd Croslin Jr. for Truett W. Flache and Sue Flache Parish) to change a tract of land out of Sec 28 Block E-2 Cityof Lubbock Lubbock Count Texas from "R-I" to "A-1" Zoning District located north of 66th Street and about 2310 feet west of Slide Road) subject to the following condition: that the west 120 ft. from the east ri ht-of-wa line of Chica o Avenue be zoned "R-2" and the balance as advertised. LGB:hw ORDINANCE NO. 7775 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. 2210; CHANGE A TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 28, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R- 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. The 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. 78-37-414-1153 Ordinance No. 7776 {8) Zone Case No. 2211 796 from "T' to "R to "R-1" • and art to "R-2" Zoning Di - Request of Cecil J -1"• Lots 889. 890 an of Lots 829 strict. The City of Lubbock Lubbock_C and west of Slide Road. gs to change t of Lot 891 868 thru 876 are in the P Texas (loca Lot 1 thru from "R-2" From "R-1" Adds-�--�-�._ of 98th LGB:hw ORDINANCE NO. 7776 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. 2211; CHANGE LOTS 1 THROUGH 796, MEADOWS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM T TO R-1 ZONING DISTRICT; CHANGE LOTS 889, 890 AND 891, MEADOWS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO R-1 ZONING DISTRICT; CHANGE LOTS 829 THROUGH 843 AND 868 THROUGH 876, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-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. The 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. 78-37-414-1154 Ordinance No. 7777 (9) Zone Case No. 1131-H - Request of John F. Warren (for Handy Dan Home Improvement Center to change Tract D Monterey Center Addition City of Lubbock Lubbock Count Texas to amend the site 1an located south of 50th Street and about 380 feet east of Indiana Avenue subject to the followinsz condition: before asses a on second readin that a picture be presented to Council with respect to ro onent's ro osed use of vinyl chain link fence as part of the enclosure of structure. LGB:hw ORDINANCE NO. 7777 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6579 OF THE CITY OF LUBBOCK BY AMENDING THE SITE PLAN MADE A PART THEREOF; ZONE CASE NO. 1131-H: TRACT D, MONTEREY CENTER ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY 415 D E C 1 4 1978 78-37-415-1155 (10) dw 78-37-415-1156 (11) r 78-37-415-1157 (12) 1� AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mr. John F. Warren, appearing in behalf of the Handy Dan Home Improvement Center, appeared as requested by the Council on December 7, 1978, and submitted for their consideration and approval a sample of the vinyl coated chain linked fence they anticipated using in the enclosed structure addition as requested. The Council approved the sample of the cyclone -type fence with the understanding that red be woven and wood paneling thatwould is used�atothe Lubbockntennis rcourts. Mr. Wart also be reound the nconcurred. comparable to The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on second and final reading with the condition that it was acceptable to use the vinyl coated cyclone -type fence as well as red wood paneling interwoven, comparable to that used in the Lubbock tennis courts. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7778 Zone Case No. 1865-G - Re uest of John McLart for Jeff Wheeler) to chan a Lots 263 264 and 265 Live Oak Addition Cit of Lubbock Lubbock Count Texas from "R-2" to "A-1" Zoning District located south of 64th Street and east of Hartford Avenue) sub'ect to the following condition: that ro onent's re uest to remove limitation to uadra lexes be ranted as longas ro onent's develo menC com lie with 1 to 3 000 densit olic now in effect. ORDINANCE NO. 7778 LGB:hw 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. 1865-G; CHANGE LOTS 263, 264 AND 265, LIVE OAK ADDITION, CITY OF LUBBOCK, LUBBOCK FOR COUNTY, TEXAS, FROM R-2 TO A-1 ZONING DISTRICT; SUBJECT TO A CONDITION; PROVIDINGA PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister 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. 7779 Zone Case No. 1852-A - Request of Burl Masters for Texas r1a2a Develo went to chan a the west 250 feet of Lot 1 Ellwood Place Addition Cit of Lubbock Lubbock Count Texas to delete Condit of Ordinance 6523 located south of 19th Street and about 200 feet it Avenue sub'ect to the followine condition: east of LTnivers y that it be tied to the site Plan as shown. ORDINANCE N0. 7779 LGB:hw AN ORDINANCE AMENDING ZONING ORDINANCE N0. 6523 OF THE CITY OF LUBBOCK: ZONE CASE NO. 1852-A, AMENDING CONDITIONS ON THE WEST 250 FEET OF LOT 1, ELLWOOD PLACE ADDITION, SECTIONF1 5LUBBOCK, THELUBBOCK CODE;COUNTY, PROVIDING�PROVIDING A SAVINGSCLAUSE�AND PROVIDING TY CLAUSE AS PROVIDED IN FOR PUBLICATION. The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, and Councilman McAlister voting Yea; none voting Nay; Councilman Aderton abstaining. Ordinance No. 7780 Zone Case No. 1870-1k ",',,",Request of Larr K. Thom I son for P rron Investments to change the west one-half of Lot 4 and all of Lots 5 thru 11 Block 16 O'Neall Terrace Annex Addition City of Lubbock Lubbock Count Texas from "R-3" Specific Use to "AM" Specific Use Zoning, District located south of 26th Street and east of Avenue S) subject to the following conditions: that a six foot wooden fence be substituted for a six foot solid masonry screeninz fence to be erected along the aller, so there will be no access to the alley, and that a landscaping tan around the Parking lot area adjacent to nearbir residences be submitted before second reading- 416 DE C 1 4 1978 LGB:hw ORDINANCE N0.7780 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 1870-A; CHANGE THE WEST ONE-HALF OF LOT 4 AND ALL OF LOTS 5 THROUGH 11, BLOCK 16, O'NEALL TERRACE ANNEX ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-3 SPECIFIC USE PERMIT TO AM SPECIFIC USE PERMIT; PROVIDING FOR A CONDITION; PROVIDING A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mr. Thompson presented a site plan which "reflected the spirit" of the Council's intent of proposed landscaping around the parking lot area; the technical aspects still remaining unclear. Council members requested clarification as to the type of plant material proposed with respect to the corner of the parking lot as well as the side area; suggesting something easy to be maintained, yet eliminating the flat surface appearance; suggesting the use of low-lying evergreens. Mr. Thompson concurred. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on second and final reading, with the conditions that a six foot wooden fence be substituted £or a six foot solid masonry screening fence to be erected along the alley, so there will be no access to the alley, and the use Of low-lying evergreens on the sides and the corner of the parking lot area. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-416-1158 At 9:45 a.m., Mayor West announced that an Executive Session would be held following (12a) the luncheon break, to consider pending litigation and other matters, said Session as provided for by Section 2, Art. 6252-17, V.A.T.S. 78-37-416-1159 Ordinance No. 7782 (13) An ordinance amending Zoning Ordinance No. 7084 invoLving 2avia&and screeninS . LGB:hw ORDINANCE NO. 7782 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, SAID ORDINANCE BEING THE ZONING CODE THEREFOR, BY ADDING SECTIONS 8.14, 8.14-1, 9.14 AND 9.14-1 PERTAINING TO THE ERECTION OF SCREENING FENCES IN ALLEYS SEPARATING "A" ZONED DISTRICTS FROM "R" ZONED DISTRICTS; PROVIDING A PENALTY CLAUSE AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton 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. 78-37-416-1160 Ordinance No. 7783 (14) An ordinance ATnnnA4—& I the subdivision re ulations involvingLproced for closure of streets and alle s. LGB:cl ORDINANCE NO. 7783 AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF LUBBOCK, BY ADDING A SECTION 29--3 (D) ESTABLISHING A PROCEDURE FOR SECURING CLOSURE OF STREETS AND ALLEYS, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton 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. 78-37-416-1161 Ordinance No. 7773 (15) An apDroDriation ordinance in the amount of $20 000 from Signal Im ment Bond Funds for installation of a traffic signal at 82nd Street and Indiana Avenue. AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; I! El 417 DEC 4 1978 F F 78-37-417-1162 (16) 78-37-417-1163 (17) 78-37-417-1164 I. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: TRAFFIC SIGNAL BOND FUND The sum $20,000.00 For the following purpose: Labor and material for installation of a traffic signal at 82nd Street and Indiana Avenue. AND IT IS SO ORDERED Passed by the Council on first reading this 7th day of December, 1978. Passed by the Council on second reading this 14th day of December, 1978. /s/ Dirk West MAYOR ATTEST: /s/ EveGaff a CITY SECRETARY-TREAS. VERIFIED BY:/s/ Sterling K. Miller APPROVED BY:/s/ B. McDaniel Traffic HEAD OF DEPT. DEPT. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on sedertand andfinal McA.listerreading. vot ngMotion Xea;carried: vot �gMayor NayWest, MayoroProilwoman Jordan, Councilmen Aderton Tem Henry abstaining. Ordinance No. 7774 An ordinance amending appropriation Ordinance No. 7706. ORDINANCE NO. 7774 KJ : hw AN ORDINANCE OF THE CITY REFLECTLUBBOCK IN TNTING OF THEORDINANCE COLINCIL�6 BY CORRECTING SUCH ORDINANCE TO CORRECTLY Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on second and andfinal McAlisterreading. ot ngMotion Yea;carried: vot ngMayor NayWest, MayoroProilwoman Jordan, Councilmen Aderton Tem Henry abstaining. A second public hearin to consider an amendment to the 1978-79 Community Development Block Grant Program. In accordance with Notice published December 3, 1978, in thenonlegal section Published of the Avalanche Journal, a second public hearing was held.* Copy o Notice on Page 418A. The first public hearing held December 7, 1978, the proposed amendment included the following projects: 1. Intensified Code Enforcement Project. . . . . .$81,860.00 2. Ahead -of -Paving Utilities .$46,791.00 3. Water Main Improvements in MacKenzie State .$ 7,356.00 Park . . . . . . . . . . . . . . . . . . 4. Improvements at the Lubbock Lake Site . . . . .$ 5,200.00 5. Increase in Contingency Funds . . . • .$ 15712.24 The City Manager indicated the mechanics used for processing the amendment, following approval by the City Council, will be to submit the amendment to the South Plains Association of Governments and the Governor's Office of Budget Planning for A- 95 review. The amendment wi11will beecompletedsubmitted byotheDend ofJanuary this 30�day79. periodAll environmental clearances There being no further discussion, Mayor West declared the hearing closed. First public hearinS for the 1979-80 Fifth Year :ommulitY Develo went Block Grant Program._ In accordance with Notice published December 3, 1978, in the Avalanche Journal, West Texas Times, and El Editor, a public hearing was held in regard to the above referenced matter. *Copy of Published Notice on Page 418B.. 418 DEC 14 1978 The Community Development Advisory Committee has developed a recommended 3-year plan for the City's 1979-82 CDBG Program. The Committee has made recommendations regarding allocation of an entitlement fund for June, 1978 through June, 1980. Detailed backup information is on file in the City Secretary's Office, located in the Subject File entitled "Community Development: 1979-80 Fifth Year CDBG Program. Proponent: Dr. Neal Pikarson, 3009 25th Street, Lubbock Dr. Pearson appeared on behalf of the Overton South area, is a member of the Community Development Advisory Committee, and is chairman of the UXIT Neighborhood Association. Dr. Pearson addressed his remarks to the proposed acquisition of land across from the Thompson Jr. High School, and indicated that there had been some discussion in the Committee as to the cost of acquiring the land by the City; that of the full block involved in the proposed purchase, only six of the thirty properties involved are owner -occupied, all other occupants being tenants, or the properties were vacant; that the appraised value of the property was $259,000.00; that two citizens in the area had expressed concern about the City buying their respective properties; that the CDAC was not wishing to buy the homes occupied by owners, but rather to preserve and increase the number of owner -occupied homes. City Manager Larry Cunningham indicated that the guidelines provided that any time residents in an area were relocated, relocation cost would be paid, whether they be owner -occupied or tenant -occupied, the maximum relocation cost allowed being $15,000.00. Proponent: Roger Loter, 2323 18th Street, Lubbock Chairman, Overton South Neighborhood Association Mr. Loter also commented with regard to the proposed acquisition of the land in the Thompson Jr. High area for the purpose of establishing a park and suggested that rather than expend the funds for relocation, inasmuch only six of the thirty- two units are owner -occupied, that funds be expended to bring some of the property up to standards, that other properties be acquired on an "as available paces"; that as an alternative, 14th Street be closed and one-half of the block be acquired for the park on an initial basis; that the Adult Education Program located on the north side of Thompson Jr. High might create access problems. Vicki Poster, Community Development Director, indicated that under the Code Enforcement, relocation costs have to be paid whether it is owner -occupied, or tenant -occupied; that only in the case of unoccupied properties are there no relocation costs involved. Miss Foster indicated the second public hearing would be held January 25, 1979. There being no further discussion, Mayor West announced the hearing closed. 78-37-418-1165 Consider resolution authorizin (19) the submission of amendment to 1978-79 Community Development Block Grant Program. LGB:hw RESOLUTION A RESOLUTION AUTHORIZING AN AMENDMENT TO THE 1978-79 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, PROJECT NUMBER B-78-MC-48-0022. WHEREAS, Title I of the Housing and Community Development Act of 1974 as amended in 1977 specifies the conditions under which a recipient of Community Development Block Grant funds must submit an amended application to the Department of Housing and Urban Development, and WHEREAS, the City of Lubbock finds it necessary to allocate the balance of $142,919.24 of entitlement funds withheld by the Department of Housing and Urban Development to repay a Urban Renewal loan on the Memorial Center Complex; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized to execute for and on behalf of the City of Lubbock an amendment to the 1978-79 Community Development Block Grant application. THAT such amendment shall consist of the allocation of $142,919.24 of 1978- 79 Community Development Block Grant funds to eligible projects and activities. THAT such amendment shall also consist of an assurance of compliance with all certifications as may be required by the regulations issued by the Department of Housing and Urban Development on March 1, 1978. Passed by the City Council thi 1978. s 14th day of December I 418A 78-37-417-1163 (17) PUBLIC NOTICIE On Thrusday, December 14, 1978 at 0:15 a.m., the Lubbock City Council will hold a public hearing to consider a proposed amen ment to the 1979-80 Community Development Block Grant,program. The hearing will be field in the City Council Chambers of the Municipal Bldg., 916 Texas Ave. The propooed amendment reprograms $142,919.24 of entitlement money withheld by the Department ol Housing and Urban Development to repay a loan on the Memorial Center Complex: The pro posed amendment indludes: A. Intensified Code Enforcement Progra i B. Ahead of Street Paving, Utilities Inst Ilation C. Upgrading of the Mackenzie Park Irri ation System D. improvements at the Lubbock Lake Si e All interested citizens are invited to alt nd the public hearing to express their views regard- ing the proposed amendment. The prop sed amendment is available for public inspection in the Community Development Office, Ro m 207 of the Municipal Bldg., 916 Texas Ave. ,dur- ing regular office hours of 8:00 a.m. to :00 p.m. Monday thru Friday. For more information contact the Community Developement O fice at 762-6411 ext. 2290 of 229). Avalanche .Journal ---December 3, 1978 (Sunday) ..i4i . - . .. 12-3 418E 78-37-417-1164 (18) I PUBLIC HEARING TO RECEIVE YOUR SUGGESTIONS FOR USING $18 MILLION For the Community Development Block Grant The Lubbock City Council invites residents of Lubbock to participate in the first public hearing on the 1979-1980 Community Devel- opment Block Grant. Citizens ore encouraged to express their views on the spending of $3.8 million to be received of $3.8 million to be received by the City from the Dept. of Housing and Urban Development Copies of the proposed program are ovailable in the Community Development Office, Room 207, City Hall.. For more information call 762-6411 ext. 2290 or 2291. City Council Chambers Second Floor, Municipal Bldg. 10th St. & Texs Ave 10:30 a.m. December 14, 1978 12.3 Avalanche Journal --- December 3, 1978 (Sunday) DEC III F F r /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Even Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Leon G. Bean Leon G. Bean, Asst. City Attorney Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-419-1166 Hold_ a_ second public hearing to consider submission of an application (20) for a *00000 single -purpose discretionary CDBG grant. In accordance with the Notice of Public Hearing published December 3, 1978, in the non -legal section of the Avalanche Journal, public hearing was held on the above referenced matter. *Copy of Notice published is on page 420A. The purpose of this hearing was to consider the submission of a $500,000 single - purpose discretionary CDBG grant. As mentioned in at the first public hearing December 7, 1978, the funds for this grant are over and above our Community Development Program allocation. The funds are tentatively committed for the Phyllis -Wheatley Addition in Southeast Lubbock. There being no discussion, Mayor West announced the hearing closed. 78-37-419-1167 Consider resolution authorizing the submission of a pre -application (21) for FY 1978 reallocated Community Develo ment Block Grant single purpose discretionary funds. LGB:hw RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT A PRE -APPLICATION FOR FY1978 RE- ALLOCATED TEXAS SMSA SINGLE PURPOSE DISCRETIONARY GRANT FUNDS FOR THE CITY OF LUBBOCK. WHEREAS cities with a population over 2500 may be eligible for a single purpose grant up to $500,000 from the Department of Housing and Urban Development under the C.D.B.G. program, and WHEREAS, there exist certain deadlines and other prerequisites for any such grant, including the making of a pre -application, and WHEREAS, the City Council finds it to be in the best interest for the citizens of the City of Lubbock to become eligible for such a grant, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE, and is hereby authorized to submit to the Dallas office of the Department of Housing and Urban Development a pre - application for FY1978 re -allocated Texas SMSA single purpose discretionary grant funds for the City of Lubbock. Passed by the City Council on this 14th day of December , 1978. ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Leon G. Bean Leon G. Bean, Asst. City Attorney /s/ Dirk West DIRK WEST, MAYOR 420 C 14 1978 Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-420-1168 ordinance No. 7784 - Zone Case No. 2118-A (22) Request of Larry Teaver (for Lakeridge Country Club Estates) to change a tract of land out of Section 15, Block E-2, City of Lubbock, Lubbock County, Texas, from "T" to "R-1", "R-1" Specific Use, "A-1", "A-2" and "C-2" Zoning District (located east of Slide Road and north of 98_th _Street.) The Planning and Zoning Commission recommended to the City �I Council that this case be approved. LGB:hw ORDINANCE NO. 7784 AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIFIC USE PERMITS, TO -WIT: ZONE CASE NO. 2118-A; CHANGE TWO TRACTS OF LAND OUT OF SECTION 15, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, EACH FROM T TO R-1 SPECIFIC USE PERMIT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. LGB:hw ORDINANCE NO. 7784 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. 2118- A; CHANGE TWO TRACTS OF LAND OUT OF SECTION 15, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM T TO R-1 ZONING DISTRICT; CHANGE THREE TRACTS OF LAND OUT OF SECTION 15, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM T TO A- 1 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 15, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM T TO A-2 ZONING DISTRICT; CHANGE A TRACT OF LAND OUT OF SECTION 15, BLOCK E-2 CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM T TO C-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. In accordance with Notice published November 20, 1978, a public hearing was held on the above referenced matter. Proponent: Larry Teaver for Lakeridge Country Club Estates This zone change involves the specific use planned unit development with the site plan being the same site plan previously approved by the City Council; however, the area covered by this zone case was outside the City limits at that time and therefore could not be legally zoned. There being no further discussion, Mayor West declared the hearing closed. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry 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. 78-37-420-1169 _Consider a resolution authorizing the Mayor to request certification (23) from the National Register of the Historic Preservation Section of the Zoning Ordinance. LGB:hw RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO REQUEST THAT THE "HISTORICAL PRESERVATION AND URBAN DESIGN DISTRICT" OF ORDINANCE NO. 7084 BE CERTIFIED AS BEING IN COM- PLIANCE WITH THE TAX REFORM ACT OF 1976. WHEREAS, the Tax Reform Act of 1976 provides for rehabilitation benefits to property owners of historic structures in certain districts containing substantial guarantees promoting the preservation of historic structure, and WHEREAS, the City Council finds it desirable to bring these rehabilitation benefits to the City of Lubbock for its citizens who may qualify for such assist- ance; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE, and is hereby authorized to re- quest from the Historic Preservation Offices for the State of Texas and the National Register of Historic Places, U.S. Department of the Interior that the "Historical Preservation and Urban Design District" section of Zoning Ordinance No. 7084 of the City of Lubbock be certified as containing substantial guarantees to promote the preservation of historic structures within certain districts in order to make property owners eligible for rehabilitation benefits under the Tax Reform Act of 1976. 4<.0A 78-37-419-1166 (20) PUBLIC NOTICE On Thursday, December 14, 1978 at 11:45 a.m, the Lubbock City Council will conduct a public hear- ing to consider a grant application for $500,000 of Discretionary Community Development Block Grant funds. The proposed application requests $500,000 for the redevelopment of the Wheatley Addition. The public hearing will be held in the City Council Chambers of the Municipal Bldg., 916 Texas Ave. All interested citizens are invited to attend the meeting and express their views regaiding the pro- posed grant application. The proposed application is available for public inspection in the Communi- ty Development Office, Room 207 of the Municipal Bldg., 916 Texas Ave during regular office hours 8:00 a.m. to 5:00 p.m. Monday thru Friday. for additionol information contact the Community De- velopment office at 762-6411 ext. 2290 or 2291. Avalanche Journal ---December 3, 1978 (Sunday) DEC 3 4 1978 Passed by the City Council this 14th day of ATTEST: /s/ Evelyn Gaffga_ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Leon G. Bean Leon G. Bean, Asst. City Attorney December /s/ Dirk West DIRK WEST, MAYOR 1978. The purpose of this action is to get our Historical Preservation Ordinance certified to make properties eligible for tax benefits. Certification is a 2-step process. All materials are to be sent to the State Historical Preservation Office where they will be reviewed and then forwarded to the National Register. The Register will review the statute and notify the application directly. Certification of our ordinance will provide incentive for people to rehabilitate and restore older buildings rather than demolish them. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-421-1170 Consider ordinance correcting Ordinance #766$ Zone Case 1794-F which (23a) did not correctly reflect the intent of the City Council in regards to a condition 21aced therein. Proponent: Ralph Quest, 8506 Louisville Drive Mr. Quest appeared on behalf of himself and the other property owners in the area to express opposition to the proposed correcting ordinance. Mr. Quest indicated they had no arguement with the existing ordinance - No. 7668 - but do oppose the structure being built by Mr. J. D. Chandler for the reason that he is in violation of this ordinance; that Mr. Chandler had presented the matter to the Z.B.A., who in turn overruled his variance request; that subsequent to Z.B.A.'s action, he noted in the Avalanche Journal that Mr. Chandler had filed suit in County Court at Law No. 2 against the Zoning Board of Adjustment and the City of Lubbock as an appeal process; that not only is he in violation of the Ordinance No. 7668, but the violation of privacy as discussed at the Zone Case Hearing May 25, 1978 exists by virtue of the fact that he has installed a window on the second story of his structure which overlooks the alley down into the back yards of the neighboring residents; that the purpose of his appearance was to request the Council to enforce the violation of Mr. Chandler by removing the window and/or relocating referenced window to comply with the ordinance as passed on second and final reading June 8, 1978. Proponent: Mrs. Hugh Barnes, 8510 Knoxville Drive Mrs. Barnes indicated that her property was located immediately back of the property in question, and that relocation of the window to the side would also be an invasion of their privacy as the alley angles in such a manner that the window located on the side would look down immediately on the back of their property. Opponent: Mr. Elroy Simnacher, Attorney for Mr. J.A. Chandler Mr. Simnacher indicated he had just been "mobilized" and was not clear as to the privacy issue being discussed, that it was Mr. Chandler's wish to comply with the Council's consent as reflected in Ordinance No. 7668, and if he had not done so, he desired to do so; that it was his understanding that the window in question set back 52 feet from the property line, and again expressed the feelings on behalf of Mr. Chandler that they would comply with the Council's decision. Extensive discussion followed, after which the following action was taken: The motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry that no action be taken on the proposed correcting ordinance; that Mr. Chandler was to bring his building plans to the Council January 11, 1979, with redesigned floor plan of the second story, whereby there was to be no window on the back or side wall and the structure would meet the setback requirements as designated in Ordinance No. 7668. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. The Council instructed Mr. Bertram to communicate to Mr. Chandler the action of the Council. 78-37-421-1171 Consider resolution authorizing the execution of a revised funding (24) agreement between the City of Lubbock and the Day Care Association of Lubbock for construction of a Day Care Center at 13th and Vanda. C212 D E 4 1978 KJ:hw 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 Revised Funding Agreement between The City of Lubbock and Day Care Association of Lubbock, 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 14th day of December /s/ Dirk West DIRK WEST, MAYOR ATTEST: /s/ Evel. 'Gaff a Evelyn Gaf£ga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney 1978. *Agreement filed with original resolution entitled, "Revised Funding Agrmt, betw City/ Day Care Assn of Lubbock. The revised funding agreement provides that the Day Care Association will convey to the City property at 13th and Vanda prior to the construction of each improvement. The Planning Director indicated that the President of the Association Board, Mr. Rex Fuller, has assured the City that the property will be conveyed by the end of the week. The City Attorney advised the Council to withhold a notice to proceed on construction until the City has received title to the property. The Legal Department also advises the Council that the lease agreement which has been prepared by them, not to be executed until after construction is completed and accepted. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution authorizing the Mayor to execute the revised fund agreement referenced above. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-422-1172 Consider Change Order request on contract between Lubbock Day Care (25) Associations -and Tusha Buildings, Inc. for construction of Day Care CPnrar #4_ In the construction of any project to be funded by Community Development funds by a private contractor, regulations state that the contractor must comply with the Davis -Bacon Act which outlines the federal minimum wages which the contractor must pay. The regulations also indicate that in bidding the project, that the Davis -Bacon Act requirements must be a part of the bid documents so that the contractors or other persons bidding are fully aware of this. The contract between the Day Care Association and Tusha Building Inc. was executed for less than what will be required in terms of minimum wages. It was spelled out in the funding agreement between the City and the Day Care Center Association that they would be required to follow all applicable federal regulations and guidelines. In selecting an architect the Day Care Association clearly spelled out in their request for proposal that Community Development Funds would be used and that several other requirements, such as the Davis -Bacon Act minimum wage guidelines, would have to be followed in the bidding of the project. Inasmuch as all the facts were not made clear to the Council, the motion was made by Councilwoman Jordan, seconded by Councilman McAlister to grant the funding based on the existing change order, but ask the City Manager to see that the change order accurately reflects the events as they took place before the funding is released. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 403 DEC 14 1978 78-37-423-1173 Consider resolution authorizing the Mayor to sign Highway Department (26) Plans on F.M. 1730 (Slide Road - L002 289 to 1 000' South of 82nd Street) for paving, widening and improving. 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 an on behalf of the CITY OF LUBBOCK a Street Improvement Program by Texas Department of Highways 'and Public Transportation covering improvement of FM 1730 (Slide Road) from South Loop 289, south to a point 1,000 ft. south of 82nd Street, attached herewith which shall be spread upon the Minutes of the COUNCIL and as spread upon the Minutes of this COUNCIL shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of December, 1978. f�/s/ Dirk West DIRK WEST, MAYOR ATTEST: it /s/ Evelyn Gaffga _ Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney *Document filed with original resolution entitled, "Street improvement program - Texas Dept of Highways - FM 1730 fr S. Loop 289." 78-37-423-1174 Consider resolution accepting avin improvement constructed by W. D. (27) Turner Construction Company in Farrar Del Norte Addition Lots 1-180. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of FARRAR DEL NORTE ADDITION, LOTS 1-180, made arrangements with W. D. TURNER CONSTRUCTION COMPANY for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of FARRAR DEL NORTE ADDITION, LOTS 1- 180 including the following streets: 61st Street from in its intersection with the West lip line of Everett Avenue to its intersection with the East property line of Frankford Avenue known and designated as New Subdivision Sub -Unit Number 00 of Unit Number 2024. 62nd Street from its intersection with a line 2.00' East of the East property-- line of Frankford Avenue to its intersection with a line 7.00' East of the East property line of the alley East of Elkhart Avenue known and designated as New Subdivision Sub -Unit Number 01 of Unit Number 2024. 63rd Street from its intersection with a line 2.00' East of the property line of Frankford Avenue to its intersection with the West lip line of Elkhart Avenue known and designated as New Subdivision Sub -Unit Number 02 of Unit Number 2024. 64th Street from its intersection with a line 2.00' East of the East property line of Frankford Avenue to its intersection with a line 7.00' East of the East property line of the alley East of Elkhart Avenue known and designated as New Subdivision Sub -Unit Number 03 of Unit Number 2024. North 1/2 of 66th Street from its intersection with the centerline of Frankford Avenue to its intersection with a line 7.00' East of the East property line of the alley East of Elkhart Avenue known and designated as New Subdivision Sub -Unit Number 04 of Unit Number 2024. East 1/2 of Frankford Avenue from its intersection with the centerline of 66th Street to its intersection with the South lip line of Loop 289 access road known and designated as New Sub -division Sub -Unit Number 05 of Unit Number 2024. Everett Avenue from its intersection with the North lip line of 62nd Street to its intersection with the South lip line of Loop 289 access road known and designated as New Subdivision Sub -Unit Number 06 of Unit Number - — 2024. 4epw>4 DEC 14 1978 Evanston Avenue from its intersection with the North lip line of 64th Street to its intersection with the South lip line of 63rd Street known and designated as New Subdivision Sub -Unit Number 07 of Unit Number 2024. Evanston Avenue from its intersection with the North lip line of 63rd Street to its intersection with the South lip line of 62nd Street known and desig- nated as New Subdivision Sub -Unit Number 08 of Unit Number 2024. Evanston Avenue from its intersection with the North lip line of 62nd Street to its intersection with the South property line of Loop 289 access road known and designated as New Subdivision Sub -Unit 09 of Unit Number 2024. Englewood Avenue from its intersection with the North property line of 66th Street to its intersection with.the South lip line of 64th Street known and designated as New Subdivision Sub -Unit Number 10 of Unit Number 2024. Englewood Avenue from its intersection with the North lip line of 62nd Street to its intersection with the South property line of Loop 289 access road known and designated as New Subdivision Sub -Unit Number 11 of Unit Number 2024. Elmwood Avenue from its intersection with the North property line of 66th Street to its intersection with the South lip line of 64th Street known and designated as New Subdivision Sub -Unit Number 12 of Unit Number 2024. Elmwood Avenue from its intersection with the North lip line of 62nd Street to its intersection with the South lip line of Loop 289 access road known and designated as New Subdivision Sub -Unit Number 13 of Unit Number 2024. Elkhart Avenue from its intersection with the North lip line of 66th Street to its intersection with the South lip line of 64th Street known and designated as New Subdivision Sub -Unit Number 14 of Unit Number 2024. Elkhart Avenue from its intersection with the North lip line of 64th Street to its intersection with the South lip line of 62nd Street known and designated as New Subdivision Sub -Unit Number 15 of Unit Number 2024. Elkhart Avenue from its intersection with the North lip line of 62nd Street to its intersection with the South property line of Loop 289 access road known and designated as New Subdivision Sub -Unit Number 16 of Unit Number 2024. Alley returns along Loop 289 access road from Frankford Avenue to the alley East of Elkhart Avenue known and designated as New Subdivision Sub -Unit Number 17 of Unit Number 2024. AND WHEREAS, the construction of the above improvements on the above - mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. 1. That the improvements on said portions of the above mentioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. 11. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 14th DAY OF DECEMBER, 1978. ATTEST: /s/ Evelyn Gaf€ a Evelyn Gaffga, City Secretary APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Engineer /s/ Dirk West Dirk West, Mayor APPROVED: /s/ John C. Ross, Jr. John Rnsp. riry Arrnrnav 4A5 DEC 14 1978 78-37-425-1175 (28) 78-37-425-1176 (29) r Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said resolutions. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Consider a resolution authorizing the Ma or to sign Utility Adjustment Agreement with the State Department of Highways and Public Transportation. KJ : hw 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 Utility Adjustment Statement to be submitted to the Texas Department of Highways and Public Transportation covering utility adjustments, removal or relocation performed in conjunction with highway improvement project No. 127-7(5)308, I.H.27, 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 14th day of December , 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 *Documents filed with original resolution entitled, "Utility Adjustment Statement re Interstate 27 (Proj. 127-7-(5) 308)." This item is in conjunction with the utility adjustments required as part of Interstate 27 construction. The long time between starting and completing the project was the result of the additional work required due to damage which occurred during the construction. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7785 Consider an appropriation ordinance for power lines in Sandhills Well Field. 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: Water Capital Project Fund The sum $65,000 For the following purpose: Construction of power lines in Sandhills Well Field for service to Wells 202 through 208. AND IT IS SO ORDERED Passed by the Council on first reading this 7th day of December, 1978. Passed by the Council on second reading this 14th day of December, 1978. /s/ Dirk West MAYOR 426 0�c 14 ,678 ATTEST: /s/ Evelyn Gaff a CITY SECRETARY-TREAS. VERIFIED BY: /s/ Sterling K. Miller FINANCE OFFICER APPROVED BY: /s/ Wilford D. Watson En HEAD OF DEPT. DEPT. These power lines were required to serve as our new water wells are being drilled at this time for use in the summer of 1979. The appropriation ordinance is from Water Capital Improvements Funds and is in the amount of $65,000.00. The 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. 78-37-426-1177 Ordinance No. 7786 (30) Consider an ordinance to abandon and close all of North Elder Street between the Parkway Drive Access Road and East 1st Street. AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET. ALL OF NORTH ELDER STREET BETWEEN PARKWAY DRIVE ACCESS ROAD AND EAST 1ST STREET 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 ALLEY, PRO- VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The Parkway Drive Church of Christ had requested that all of North Elder Street between Parkway Drive access road and East 1st Street be closed. The City had some concern with respect to the Church building a fence, thus creating pedestrian problems, particularly with respect to school children; however, the Church has indicated they would not build a fence. It was also suggested that the land be platted and submitted before final passage. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to pass said ordinance on first reading, and that a plat be reviewed and submitted to the Council for consideration before second reading. Motion carried: Mayor West, Mayor Pro Tem. Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-426-X178 Consider a resolution authorizing the Ma or to sign an agreement between (31) Texas Tech School of Medicine and the Cit of Lubbock for Family Plannin Services. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an agreement between Texas Tech School of Medicine and the City of Lubbock for Family Planning Services, 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 14th day of December 1978. 4--- ATTEST: /s/ Eve1 n Gaff . Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C. Ross Jr. John C. Ross, Jr., City Attorney /s/ Dirk West DIRK WEST, MAYOR AGREEMENT BETWEEN TEXAS TECH SCHOOL OF MEDICINE and CITY OF LUBBOCK !li MADE this day of School of Medicine, _P 1978, between Texas Tech University acting by and through its Department of Obstetrics and Gynecology, located in the City of Lubbock, Lubbock County, Texas, hereinafter called "TTUSM", 4ti ! DEC 4IS78 and the City of Lubbock, Texas, acting by and through its Health Department, hereinafter called "CLHD". WHEREAS, the CLHD desires and agrees to be a subcontractor to TTUSM in providing the applicable services required in Contract PS-021-04-P-00, Family Planning, applicable to Title XX, between TTUSM and the Texas Department of Human Resources, a copy of which is attached hereto as Attachment A, and made a part of this contract. NOW, THEREFORE, in consideration of the mutual promises herein contained, it is agreed that: THE CLHD: 1. Agrees to comply with all provisions, laws, and other re- quirements in Attachment A of this contract, and specifically Sections II, III and IV. 2. Agrees to submit detailed statements of charges each month developed in the format agreeable to TTUSM and in keeping with the fee schedule in Attachment A of this subcontract. CLHD understands and agrees to the deduction of 25% for administrative surcharge- costs to TTUSM before submitting a net billed amount. Such costs include but are not limited to transportation of specimens, drawing of samples, billing service, etc. 3. Agrees to obtain within 90 days of signing this agreement certification by the Texas Department of Human Resources, Title XIX as fiscal intermediary agent and family planning vendor. After said certification has been received, CLHD agrees to maintain such during the period of this contract. THE TTUSM: 1. Agrees to keep CLHD informed of any changes in the requirements of Title XX. 2. Agrees to reimburse CLHD for one hundred percent (100%) of the net billed amount submitted under the provisions of this contract, including Attachment A. 3. Agrees to assure that all CLHD policies and rules, as related to Family Planning Services, are strictly complied with before performing service. Both parties agree that this contract may be cancelled at any time by mutual consent or in any event it may be cancelled by either party by giving thirty (30) days notice in writing to the other party. This contract shall become effective immediately upon its execution and shall terminate August 31, 1979. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. CITY OF LUBBOCK: By: /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 TEXAS TECH UNIVERSITY SCHOOL OF MEDICINE RICHARD LOCKWOOD, M.D. ATTEST: Secretary The proposed contract is between the Texas Tech University School of Medicine and the Texas Department of Public Welfare which sets out their reporting requirements, fee schedules and administrative requirements. By being the subcontractor and providing the necessary laboratory services for gonorrhea cultures and VDRL's, the City will be paid $3.75 per test with an average of approximately 200 tests per month. This agreement provides considerable additional revenue to the City without imposing a significant increase in the laboratory section workload, as the tests are very easily done. 428 SEC 14 1978 The motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-428-1179 Ordinance No. 7787 (32) Consider an ordinance amending Chapter 13 of the Code of Ordinance of the City of Lubbock Texas by amending Sec. 13-6.1 c regarding issuance and fees for City Health Department 2ermits and inspections., and changing the amount of fees charged. DGV:hw ORDINANCE NO. 7787 AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SEC. 13-6.1 (c) REGARDING ISSUANCE AND FEES FOR CITY HEALTH DEPARTMENT PERMITS AND INSPECTIONS, CHANGING THE AMOUNT OF FEES CHARGED; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY. 78-37-428-1180 Ordinance No. 7788 (32a) 78-37-428-1181 (32b) 78-37-428-1182 (32c) Consider an ordinance amending Chapter 15 of the Code of Ordinances of thepity of Lubbock Texas by amendina Section 15-50 regulation 3(a) regarding swimming pool permits and fees. DGV:hw ORDINANCE NO. 7788 AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 15-50 REGULATION 3 (a) REGARDING SWIMMING POOL PERMITS AND FEES; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY. Ordinance No. 7788 Consider an ordinance amending Chapter 15 of the Code of Ordinances of the City of Lubbock Texas by amending Sec. 13-12 regarding the fees to be char ed for copies of birth death and correction certificates and establishing a fee to be charged for a search of the vital statistics records. DGV:hw ORDINANCE NO. 7789 AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SEC. 13-12 REGARDING THE FEES TO BE CHARGED FOR COPIES OF BIRTH, DEATH AND CORRECTION CERTIFICATES AND ESTABLISHING A FEE TO BE CHARGED FOR A SEARCH OF THE VITAL STATISTICS RECORDS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY. Ordinance No. 7790 Consider an ordinance amending Cha ter 34 of the Code of Ordinances of the City of Lubbock Texas by amending Section 34-95.1(H) re ardin fees for sewage disposal systempermits; and commercial septic tank em t in permits. DGV:hw ORDINANCE NO. 7790 AN ORDINANCE AMENDING CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 34-95.1 (H) REGARDING FEES FOR SEWAGE DISPOSAL SYSTEM PERMITS; COMMERCIAL SEPTIC TANK EMPTYING PERMITS; AND ESTABLISHING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY. The City Council instructed the Health Department to review all permit fees and other fees for public health services as compared to those same charges being made throughout the state and determine that the current fees being charged were excessively below the state-wide norm. Ordinance No. 7787 relates to inspection fees of both food service establishments and food processing establishments, as well as day care food service permits, temporary food service permits and reinspection fees. Proposed Ordinance No. 7788 relates to swimming pool permits. Proposed Ordinance No. 7789 relates to vital statistics records being birth and death certificates and the charges thereof. Proposed Ordinance No. 7790 relates to permit fees for sewage disposal systems and commercial septic tank emptying. Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to pass said ordinances on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 429 DEC 14 1978 78-37-429-1183 (33) 78-37-429-1184 (34) 78-37-429-1185 (35) 7-37-429-1186 (36) 78-37-429-1187 (37) 78-37-429-1188 (38) Consider claims against the City. Claim #78-C-265 Claim of Harry & Mary Salyer, 2413 92nd Street, Lubbock Type of Claim: Auto damage and wrecker fee resulting from the alley paving in under claimant's pickup, causing damage to the extent of $184.01, plus $15.00 actual wrecker charge. Councilman Aderton requested that the Legal Department reassess this claim inasmuch as the alley cave-in resulted from improper back filling either by the contractor, by the City, or by a subcontractor. By consensus, this claim was tabled until the January 11, 1979, Council meeting to allow for a further investigation by the Legal Department. Claim #78-C-263 Claim of Mrs. H. D. Craig, 907 Bradley Street, Lubbock Type of Claim: Claim for damaged sidewalk Amount Involved: Unstated The City Attorney's report indicated that the crack in the sidewalk was in existence at the time the street light at 14th and Avenue X was installed; that the claim was not sworn to as required by ordinance; and recommended the claim be denied. Motion was made by Councilman McAlister, seconded by Mayor Pro Tem Henry to deny referenced claim. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Bid No. 5141 for radio equipment - mobile, portable and motorcycle radio units (various departments). Low Bidder Bid No. 5109 for service truck (LP&Q . Low Bidder General Electric Mobil Radios, Lubbock American Equipment and Trailer, Lubbock Bid No. 5125 for dry chemical powder (Fire Dept.) Low Bidder Daco Fire Equipment Company, Lubbock Bid No. 5130 for wood cresoted poles (Warehouse Stock). Items 1,2,3 Temple, Inc., Lubbock Bid No. 5121 for 53 automobiles (Police Department). Item 1 Gene Messer Ford, 44 automobiles, police special, Lubbock 4-door sedans Item 2 Gene Messer Ford, 9 automobiles, 4-door sedans Lubbock Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to approve referenced bids. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. There being no further business to come before the Council, the meeting adjourned at 3:35 p.m. ATTEST: City Secretary -Treasure READ AND APPROVED THIS THE 11th DAY OF January 1979. AT ST: i ryOiLSecre ry- reasurer 430