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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/14/19881 REGULAR CITY COUNCIL MEETING MINUTES JANUARY 14, 1988 The City Council of the City of Lubbock, Texas met in regular session on the 14th day of January, 1988 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 9:00 a.m. Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilman Gary Phillips, Councilman George Carpenter, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Absent: Councilman Bob Nash and Councilwoman Maggie Trejo. Mayor McMinn called the meeting to order at 9:00 a.m. ( l.j The Invocation was given by Ranette Boyd, City Secretary. 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. 3.) Motion was made by Councilman Patterson, seconded by Councilman Phillips to approve the Minutes of the December 17, 1987 Regular City Council meeting as written. Motion carried: 5 Yeas; 0 Nays. ( 4.) Citizen Appearances Board Appointments 88-47A--1-1 [ 5.) Bill Armstrong, Chairman Grants Review Committee will appear on behalf of the Lubbock Cultural Affairs Council to present the following__items: A. Consider recommendations for awarding of art grants for the second grant period of 1987. On January 8, 19B7, the City Council approved an Agreement whereby the City would pay to the Cultural Affairs Council the sum of $95,594 for the encouragement, promotion, and improvement of all forms of art in the community. The $95,594 represents that amount collected from one-half cent of the hotel/motel tax during the fiscal year that ended on September 30, 19B5. The Agreement provides that a Review Committee of the Cultural January 14, 1988 Affairs Council will receive and evaluate applications for grants and make recommendations to the City Council for the awarding of these grants. On July 9, 1987, the Council approved recommendations of the Cultural Affairs Council for the awarding of $41,768.25 in grants for the first half of 1987. This time Staff recommended approval of $27,600 in grant awards for the second grant period of 1987. Bill Armstrong, representing the Lubbock Cultural Affairs Council, appeared to present these recommendations as follow: Guadalupe -Parkway Neighborhood Center: Academy of Dance; Project: Little Red Ragtime!; amount requested: $1,200; amount recommended $1,200 TTU Theatre and Texas Arts Council; Project: Theatre in the Public Schools; amount requested: $3,150; amount recommended: $3,150 TTU Theatre; Project: Lubbock Summer Rep; amount requested: $10,000; amount recommended: $5,000 Lubbock Cultural Affairs Council; Project: loth Annual Lubbock Arts Festival; amount requested: $9,350; amount recommended: $9,350 Southwest Collection--TTU; Project: Hispanic Settlement in West Texas: A Tale of Two Frontiers; amount requested: $4,000; amount recommended: $2,000 TTU Division of Continuing Education; Project: Institute for the Gifted --Meet Lubbock Artists; amount requested: $2,485; amount recommended: $900 City of Lubbock - Fine Arts Center; Project: West Texas Homecoming; amount requested: $4,225; amount recommended: $2,000 Ballet Lubbock; Project: An Evening of Ballet; amount requested: $4,700; amount recommended: $2,000; TTU Department of Art; Project: TV on TV: Texas Monologues; amount requested: $2,000; amount recommended: $2,000 January 14, 191 The $27,600 in grant awards now recommended plus the $41,768.25 in grants approved last July total $69,368.25, or $26,225.75 less than the $95,594 provided to the Cultural Affairs Council in accordance with the 1987 Agreement. Pending approval of a new contract, unspent funds will be carried over for grant awards in the future. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to approve recommendation of Lubbock Cultural Affairs Council for awarding of art grants for the second grant period of 1987. Motion carried: 5 Yeas; 0 Nays. b. Presentation of check for interest earnings to the City of Lubbock. The 1987 Agreement with the Cultural Affairs Council provided that $4,799.70 of the funds paid by the City could be put into an operating account and be used for administrative costs. All other funds received by the Cultural Affairs Council were required to be placed in an interest -bearing account pending dispersal to grantees, and all the interest earned would be rebated to the City. A check in the amount of $4,499.03, which represents the interest earned in 1987 was presented to Council by Mr. Armstrong. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to accept check by the Lubbock Cultural Affairs Council for interest earnings during 1987. Motion carried: 5 Yeas; 0 Nays. C. Consider Resolution #2708 authorizing the Mayor to sign an Agreement with the Lubbock Cultural Affairs Council for an Arts Grant Program for_1988. RESOLUTION #2708 RESOLUTION #2708 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 by and between the City of Lubbock and the Lubbock Cultural Affairs Council, 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. January 14, 1988 Passed by the City Council this 14th day of January, 1988. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Rita Harmon Rita Harmon, Assistant City Manager for Public Safety and Services /s/ Harold Willard Harold 'Willard, Assistant City Attorney For each of the past nine years, the City Council has approved an Agreement with the Lubbock Cultural Affairs Council whereby the City paid a portion of the revenues collected from the hotel/motel tax for the encouragement, promotion, and improvement of all forms of art in the community. The $95,594 mentioned in Item (a) above was that amount collected from one-half cent of the seven -cent hotel/motel tax during the fiscal year ending September 30, 1986. The Agreement provided that a Review Committee of the Cultural Affairs Council would receive and evaluate applications for art grants and make recommendations to the City Council for awarding of these grants. Approved grants then were paid by the Cultural Affairs Council out of funds received from the City. The Agreement also provided that $4,799.70 (5% of total funding) could be used to offset adminis- trative costs. Mr. Armstrong stated that the Cultural Affairs Council recommended that a new Agreement be approved so that this program may continue through 1988. The provisions of the proposed 1988 Agreement are essentially the same as those contained in the 1987 Agreement, except for the amounts of money. The 1988 Agreement provides for a total sum $81,521 to be paid to the Cultural Affairs Council in three equal installments. This compares to the total $95,594 in the 1987 January 14, 19 Agreement. This $14,073 difference is attributable to the decrease in hotel/motel taxes collected because of general economic conditions. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips to authorize Resolution #2708. Motion carried: 5 Yeas; 0 Nays. 88-47A-5-2 ( 6.) Consider changes to Code of Ordinances regarding taxicabs and limousines. This item was deleted from the agenda. 88-47A-5-3 ( 9.) Consider Resolution #2709 accepting avin improvements constructed by Kerr Construction Company on Project No. 5105, Lake No. 6 Road and Atzlan Park Road. RESOLUTION #2709 RESOLUTION #2709 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, the City of Lubbock heretofore entered into Contract with Kerr Construction Company for the making of street improvements on portions of streets and/or avenues in said City including among other the following: Lake 6 road extension on south side of lake and connection to Cul-de-sac on north side of dam known as Sub -Unit Number 72 of Unit Number 2240. Atzlan Park road from intersection of 1st Street and Avenue J to east property line of Atzlan Park known as Sub -Unit Number 73 of Unit Number 2240. Park Road from east right-of-way line of IH-27 to Park Road 18 in Mackenzie Park known as Sub -Unit Number 74 of Unit Number 2240. Colgate Street from its intersection with a line 13 feet east of east property line of Niter Avenue to its intersection with the west raw edge of Olive Avenue known as Sub -Unit Number 70 of Unit Number 2240. Baylor Street from its intersection with a line 13 feet west of west property line of Mulberry Avenue to its intersection with a line 13 feet west of the west property line of Niter Avenue known as Sub -Unit Number 71 of Unit Number 2240. 1WHEREAS, 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 terms of said Contract, Project No. 5105; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: [�1 January 14, 1988 SECTION 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 final payment to the contractor in the amount of $17,463.31. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 14th day of January, 1988. Is1 B. C. McMinn B. C. McMINN, MAYOR ATTEST: Is1 Ranette_Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is1 Larry V. Hoffman Larry V. Hoffman, City Engineer APPROVED AS TO FORM: Is1 J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This is a routine acceptance of paving improvements constructed by Kerr Construction Company under their Contract Project No. 5105 and includes Lake No. 6 low water crossing behind the dam of Lake No. 6 and the closing section of Lake No. 6 Road which completes the loop around Lake No. 6. Also included in this acceptance is East Colgate Street paving from Niter Avenue to Olive Avenue and East Baylor Street from Mulberry Avenue to Niter Avenue in the Chapel Hills area which were added by Change Order No. 1. Change Order No. 2 added the park road connecting Mackenzie Park to I- 27. The original Contract was in the amount of $286,858.50 with Change Orders 1 and 2 adding $47,556.60 and $22,259.25, respectively for a total estimated Contract cost of $356,674.35 and the actual final cost is $353,841.14. The completion date was December 1, 1987 and the contractor finished work December 4, 1987; therefore, liquidated damages at the rate of $100 per day for three days have been deducted from the contractor's final payment. Final payment is due the contractor upon this acceptance in the amount of $17,463.31. 7 January 14, 198E Motion was made by Councilman Patterson, seconded by Councilman Phillips authorizing Resolution #2709 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 88-47A-7-4 (10.) Consider a Resolution #2710 accepting street paving improvements constructed by Double H Corporation in Hi hrid a Addition Lots 1-40. RESOLUTION #2710 RESOLUTION #2710 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES. AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance No. 1331, the subdivider of Highridge Addition, Lots 1-40 made arrangements with Double H Corporation 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 the above -mentioned addition including the following streets: 84th Street from its intersection with the east lip line of Salem Avenue to its intersection with a line 20.74 feet south of the north property line of Lot 37 known and designated as New Subdivision Sub -Unit Number 49 of Unit Number 2033. 85th Street from its intersection with the east lip line of Richmond Avenue to its intersection with the west property line of alley west of Raleigh Avenue known and designated as Nlew Subdivision Sub -Unit Number 50 of Unit Number 2033. 86th Street from its intersection with the west lip line of Richmond Avenue to its intersection with the east lip line of Salem Avenue known and designated as New Subdivision Sub- unit Number 51 of Unit Number 2033. 87th Street from its intersection with the east lip line of Salem Avenue to its intersection with the west lip line of Richmond Avenue known and designated as New Subdivision Sub - Unit Number 52 of Unit Number 2033. 8�7th Street from its intersection with the east property line of Lot 14 to its intersection with a line 144.26 feet wrest of east property line of Lot 14 known and designated as New Subdivision Sub -Unit Number 53 of Unit Number 2033. Richmond Avenue from its intersection with a line 20.74 feet south of north property line of Lot 37 to its intersection witfi a line 74.26 feet west of east property line of Lot 13 known and designated as New Subdivision Sub -Unit Number 54 of Unit Number 2033. East 112 of Salem Avenue from its intersection with a line 7 feet north of north property line of alley north of 84th Street to its intersection with the north property line of alley north of 88th Street known and designated as New Subdivision Sub -Unit Number 55 of Unit Number 2033; and January 14, 1988 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 No. 1331; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 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 notify the Developer of Acceptance by the Lubbock City Council. SECTION 2. THAT this resolution shall take effect and be in force from and after its passage. Passed by the City Council this 14th day of January, 1988. Isl B. C. McMinn B. C. McMINN, MAYOR ATTEST: Isl R,anette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /sl Larry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: Zsl J. Worth Fullingim J. Worth 'Fullingim, Assistant City Attorney Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize Resolution #2710. Motion carried: 7 Yeas; 0 Nays. 88-47A-8-5 (11.} Consider Resolution #2711 accepting street maintenance improvements constructed b Ca rock Highway Construction Company under the 1987 Maintenance Program. RESOLUTION #2711 RESOLUTION #2711 RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF CITY STREETS AS DESCRIBED BELOW: January 14, 1988 WHEREAS, the City of Lubbock awarded a contract March 12, 1987 authorizing the construction of street maintenance improvements by Caprock Highway Construction Company, on a portion of the following: 1987 MAINTENANCE PROGRAM LIST OF STREETS IMPROVED STREET FROM TO 34th Flint Boston 34th University Avenue U Municipal Drive Ash Quirt Indiana 19th 34th 50th Avenue A Southe ast Drive University 19th 22nd 50th Avenue C Avenue D 50th Avenue U Avenue Q 50th Avenue Q Avenue N 50th Elgin Gary 20th Indiana Joliet 20th Louisville Nashvi ile 22nd Indiana Nashvi lie 22nd Place Indiana Memphi s Joliet 19th 23rd Ithaca 22nd Place 24th 22nd University Indian a Knoxville 21st 22nd Place Louisville 19th 22nd Place Miami 19th 21st Chicago Brownfield Rd. 50th 66th Utica Quaker E z Memphis 82nd 87th Memphis Drive Memphis Ave at 87th Memphi s Avenue at 93rd Memphis 93rd 98th Avenue W 46th 50th Boston 34th Alley South of 35th East 24th Quirt Manhat tan Drive Manhattan Drive East 24th East 215th East 26th Manhattan Drive Quirt East 28th Teak Quirt Redbud East 28th East 31st Teak East 26th RR Tracks 10 January 14, 1988 Avenue G 17th 19th Avenue J 16th 19th Avenue M 16th 19th 17th Avenue G Avenue Q Avenue M 9th 13th Avenue N 10th Broadw ay Avenue 0 loth Broadw ay 14th Avenue M Avenue 0 6th Avenue Q Univer city 38th Canton Flint 38th Canton Univer sity 38th Avenue Q Avenue A Concrete intersection at Quaker and Raleigh Avenues. AND WHEREAS, the improvements upon the said portion of the City streets have been inspected and found to have been constructed according to the approved plans and specifications. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. SECTION 1. THAT the improvements on said portions of the City streets BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to direct the final payment to the contractor in the amount of $39,478.30. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 14th day of January, 1988. /s/ B. C. McMinn B.C. McMINN, MAYOR ATTEST: /s Ranette Boyd Ranett:e Boyd, City Secretary APPROVED AS TO CONTENT: /s Lairry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This item is the acceptance of the 1987 Street Maintenance Program which was two -course surface treatment on all streets listed in the Acceptance Resolution. The Contract was dated March 2, 1987 and the "Notice to Proceed" was 11 January 14, 1988 dated April 20, 1987. The original Contract amount was $735,036.50 and the final con- structed amount is $789,566.07. The final payment to the contractor has had liquidated damages subtracted (29 days @ $5001day - $14,500) because of late completion. September 1, 1987 was the completion date but actual completion was September 30, 1987. Final payment due the contractor upon this acceptance is $39,478.30. Notice was given to Caprock Highway Construction Company by letter dated October 9, 1987 that some failures were being observed and that remedies would be necessary by the contractor. Caprock Highway Construction Company issued a "Letter of Guarantee" stating that they would remedy any defects in the work that appeared within one year from the acceptance date. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #2711. Motion carried: 5 Yeas; 0 Nays. 88-47A-11-6 (12.) Consider Resolution #2712 declaring the necessity and directing the City Engineer to prepare plans and specifications for paving improvements on guirt Avenue from East 50th Street to Slaton Highway (U.S. Highway 84). RESOLUTION #2712 RESOLUTION #2712 A RESOLUTION PROVIDING FOR IMPROVEMENTS OF PORTIONS OF QUIRT AVENUE IN THE CITY OF LUBBOCK, TEXAS AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT public necessity exists that the following portion of Quirt Avenue in the City of Lubbock be improved as herein provided, to -wit: Quirt Avenue from E. 50th Street to Slaton Highway (U.S. Highway 84). SECTION 2. THAT said portion of Quirt Avenue shall be improved by raising, grading, and filling same, by installing concrete curb and gutters, by installing storm sewers and drains where necessary, by installing a compacted asphalt stabilized base and by surfacing with 1-112" hot mix type asphaltic surface treatment. - SECTION 3. THAT the City Engineer is hereby directed to prepare plans and specifications for such improvements. SECTION 4. THAT such improvements in each unit shall be paid for in the following manner: STREET IMPROVEMENTS: (a) The abutting property and owners thereof shall pay and shall be assessed for all the cost of constructing curbs in front of such respective property and a part 12 January 14, 1988 of the remaining cost of such improvements provided, that such part of the cost assessed to the abutting property or owners thereof will not exceed 90% of the cost of the improvements plus the cost of the curb, and further provided that if it shall appear at the hearing, to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof, a lesser amount not to exceed the benefits. (b) The remaining cost of said improvements after deducting the sums finally assessed against abutting property and the owners thereof under sub -paragraph (a) above, shall be paid by the City of Lubbock. The amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in five (5) equal installments, the first of which shall become due on or before twenty (20) days after completion and acceptance of the improvements in the unit on which the property abuts by the City Council; the second, third, fourth and fifth installments shall become due one, two, three, and four years respectively after completion and acceptance of the improvements in the unit upon which the property abuts, by the City Council and shall bear interest from the date of completion and acceptance until paid, at a rate not to exceed eight percent per annum on street improvements, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures; then at the option of the holder of such assessment or certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. SECTION 5. THAT assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if incurred, all under and in accordance with the Charter and amendments thereto, now in force in this City, and in accordance with the provisions of Article 11056, Revised Civil Statues of Texas as amended by Chapter 281 of the 52nd Legislature, and most recently amended by Chapter 176 Acts of the 60th Legislature. SECTION 6. THAT this resolution shall take effect and be in force from and after its passage. 13 January 14, 1988 Passed by the City Council this 14th day of January, 1988. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Lary V. Hoffman Larry V. Hoffman, Director ❑f Transportation APPROVED AS TO FDRM: /s J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This is the first of a series of five Resolutions used in levying assessments for portions of the cost of paving along with one assessment Ordinance. This project is in the currently approved Capital Projects Budget and is approximately one mile of T-1 thoroughfare improvements. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Phillips authorizing Resolution #2712 as recommended by Staff. Motion carried: 5 Yeas; O Nays. 88-47A-13-7 (13.) Consider Ordinance #9158 abandoning and closing portions of a Blanket Underground Utility Easement a Blanket Transformer Pa Easement and a Blanket Garbage Collection easement located in Tract C K-Mart Plaza Addition. ORDINANCE #9158 ORDINANCE #9158 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A BLANKET UNDERGROUND UTILITY EASEMENT, A BLANKET TRANSFORMER PAD EASEMENT, AND A BLANKET GARBAGE COLLECTION EASEMENT, EACH OF WHICH ARE LOCATED IN TRACT "C", K-MART PLAZA ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICU-LARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This property is located at 16th Street and Frankford Avenue, formerly the Petro -Lewis Building. Proponent of this closure is Bill Young ❑f Westmark Investors for Petro -Lewis Corporation. 14 January 14, 1988 When this property was platted, a Blanket Underground Utility Easement, a Blanket Transformer Pad Easement, and a Blanket Garbage Collection Easement were placed on this property. The title attorney for the company purchasing this property requested that these Blanket Easements under the existing as well as any future structures be abandoned and closed. By abandoning these Easements, the loan company and title company will be assured that no building or zoning codes will be violated. This is not the first time for a request to close Blanket Underground Utility Easements. On June 25, 1987 a Blanket Underground Utility Easement and a Blanket Transformer Pad Easement were closed at Kingsgate Shopping Center. All utilities are in agreement with this abandonment. Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #9158 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 88-47,A-14-8 (14.) Consider Ordinance #9159 abandoning and closing two Transformer Pad Easements and two Underground Utility Easements located in Lots 473,474, and 475, Lakeridge Country Club_ Estates Addition. ORDINANCE #9159 ORDINANCE #9159 AN ORDINANCE ABANDONING AND CLOSING TWO TRANSFORMER PAD EASEMENTS AND TWO UNDERGROUND UTILITY EASEMENTS LOCATED IN LAKERIDGE COUNTRY CLUB ESTATES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Chuck Key, Builder, is the proponent of these closures which contain four Easements. They are a 5' Underground Utility Easement located along the south 5' of Lot 473, a 4.5' Under- ground Utility Easement located along the north 4.5' of Lot 474, a Transformer Pad Easement located in the southwest corner of Lot 474, and a Transformer Pad Easement located in the northwest corner of Lot 475. All were dedicated by plat. The 5' Easement in Lot 473 and the Transformer Pad Easement in Lot 474 were dedicated to South Plains Electric Cooperative. However, Lubbock Power and Light has ownership of them due to a ruling by the Public Utilities Commission. A new 5' Underground Utility Easement and a new Transformer Pad Easement are being dedicated between the two new lots. 15 January 14, 1988 The reason for closure is to plat three buildable lots into two. The $150 application fee has been paid. Two utilities are requesting relocation charges, those being Lubbock Power and Light and Southwestern Bell Telephone. Lubbock Power and Light is requesting $1,800 in relocation fees and Southwestern Bell Telephone is requesting $1,000 and these are to be paid by the developer before second reading. No other utilities have interest in this Easement; however, they have all reviewed it and have no objections. Staff recommended approval. Motion was made by Councilman Phillips, seconded by Councilman Carpenter to pass on first reading Ordinance #9159 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 88-47A-1,5-9 (15.) Consider Ordinance #9160 abandoning and closin a 20'-Underground Utility and Garbage Collection Easement located in Lots 17 and 18 Iris Gardens Addition. ORDINANCE #9160 ORDINANCE #9160 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20 FOOT UNDERGROUND UTILITY EASEMENT AND GARBAGE COLLECTION EASEMENT LOCATED IN PART OF LOTS 17 AND 18, IRIS GARDENS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER, TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING PUBLICATION. Rollo Gurss is the proponent of this closure for Western Sizzlin'. This 20' wide Easement runs north to south between Lots 17 and 18, Iris Gardens Addition and is located at the southeast corner of 83rd Street and Indiana Avenue, just east of the Western Sizzlin' Restaurant. The reason for closure is for building expansion purposes. A new 20' Underground Utility Easement and Garbage Collection Easement are to be dedicated along the east lot line of Lot 17. The $150 application fee has been paid. A water line and telephone line relocation fee will have to be paid before the plat is filed and second reading of the Ordinance. Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Councilman Phillips to pass on first reading Ordinance #9160 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 16 January 14, 1988 88-47A-16-10 (16.) Consider setting the date and time for the Emergency Shelter Grant Program Public Hearing. On October 6, 1987, the City Council approved the City of Lubbock's application to the U.S. Department of Housing and Urban development for a $38,000 Emergency Shelter Grant Program, the purpose of this Grant being to assist the homeless in Lubbock. The City has since been awarded this Grant, and has developed a process for the allocation of the funds. A Request for Proposals was advertised and sent to various social service agencies who assist the homeless. The proposals received will be reviewed by a subcommittee which is comprised of one member each from the Community Development Advisory Committee, the Community Services Advisory Committee, and the Human Relations Commission. This subcommittee will then develop a recommendation for the allocation of the Emergency Shelter Grant funds, to be considered by the City Council. As part of the allocation process, the City Council conducts one Public Hearing in order to provide citizens an opportunity to comment on the proposed allocation of Emergency Shelter Grant funds. Staff recommended setting the time and date of the Public Hearing for 5:00 p.m. on February 25, 1988. Motion was made by Councilman Patterson, seconded by Councilman Phillips to set the Hearing for Emergency Shelter Grant Program for 5:00 p.m. on February 25, 1988 as recommended by Staff. Motion carried: 5 Yeas; 0 Hays. 88-47A-16-11 (17.) Consider setting the date and time for the Community Development Block Grant Public Nearing. As part of the Community Development Block Grant submission process, the City Council conducts one Public Hearing to provide citizens the opportunity to comment on the proposed expenditure of Community Development funds. The recommended program developed by the Community Development Advisory Committee will be published on February 15, 1988. Staff recommended setting the time and date of the Public Hearing for 5:30 p.m. on February 25, 1988. 17 January 14, 1988 Motion was made by Councilman Patterson, seconded by Councilman Phillips to set the Hearing for Community development Block Grant for 5:30 p.m. on February 25, 1988 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 88-47A-17-12 (18.] Consider Resolution #2715 authorizin Mayor to submit an Amendment to Pre- Annlication Reauest for a determinat e Wment Action ram (amend "Pocket areal. RESOLUTION #2715 RESOLUTION #2715 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 Amendment to Pre -application Request for a determination of eligibility for the Urban development Action Grant Program and all related documents, 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 January, 1988. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s Sanly Ogletree Sandy Ogletree, Community Development Administrator APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr, City Attorney The Urban Development Action Grant (UDAG) is designated to work as a leveraging tool to attract business and industry to the City and is a competitive program which provides funds to local communities, who in turn may loam the funds to local businesses and industries, or develop the necessary infrastructure to accommodate the industry. The major purpose of these funds is to encourage private investment and to generate jobs. Funding for the UDAG Program for 1988 was recently approved for $216 million. January 14, 1988 The City may apply for UDAG assistance three times a year and the deadlines during 1987 were March 31, July 31 and November 30. In submitting an application, there must be a firm financial commitment to a specific project provided by a private developer, which is contingent only upon the receipt of the UDAG assistance. In addition, the private participant must certify that the development could not and would not occur without the UDAG assistance. The City must also certify that there are no other public funds with which to carry out the UDAG funded portion of the pro- ject. In evaluating applications, HUD requires a leveraging ratio of at least 2.5 to 1.0. HUD personnel have suggested that in order for an application to be competitive, a six to one ratio, or six private dollars to every one UDAG dollar, be used. HUD will also consider whether the proposed project includes a greater number of new permanent jobs in relation to the amount of UDAG funds requested than other project proposals. For example, a project creating 1,000 new permanent jobs requiring a $1 million investment of UDAG funds would have a UDAG cost of $1,000 per job. This project would be considered more favorably than a similar project having a UDAG cost of $10,000 per job. Recent legislation has established a new two - tiered allocation system for UDAG funds which is anticipated to provide a more equitable geographic distribution of the awards. Previously, funds were awarded on the basis of a city's distress and economic impaction as well as project merit. The new legislation will allow a specified percentage of UDAG funds to be awarded on the basis of project merit only. This change is expected to primarily benefit cities located in the southwestern portion of the United States. In order to apply for UDAG funds, the City must first meet the criteria of a "distressed" city or a "pocket of poverty" community. While the City of Lubbock does not qualify as a "distressed" city, it was approved as a "pocket of poverty" community in 1984. It was proposed that the currently approved "pocket of poverty" area be amended to include portions of the Coronado Area which were previously excluded. In order to include this area, a portion of the currently approved area west of Avenue H and south of 19th Street will need to be excluded. This will allow the City's designated "pocket of poverty" area to continue to meet the following required criteria: 19 January 14, 1988 a. A pocket of poverty must be an area composed of contiguous census tracts, or block groups. The defined area must contain at least 10,000 persons. Block groups with media income levels greater than 120% of the median income of the City must be excluded in defining the pocket. b. In a pocket area, at least 70% of the families and unrelated individuals residing in an area must have incomes below 80% of the City's median income. C. At least 30% of the residents residing in a pocket area must have incomes below the national poverty level. The proposed amended area meets the UDAG criteria in all three aspects: a. The population of the area is 31,111. b. 70.1% of the households have an income below 80% of the median family income for the City of Lubbock. C. 34.1% of the population is below poverty level. This information is based upon the 1980 census data as supplied by HUD. This pocket contains much of the area of the City that would be conducive to industrial and commercial development including the Central Business District, the Tax Increment Finance District, a large portion of the land adjacent to the Interstate 27 corridor and the Coronado area. Any proposed project must be located within the pocket of poverty area, as designated in the application. Additional requirements which would apply to any proposed project include: a. The City must commit to contribute an amount of local funding equal to 20% of the amount of the grant requested. For example, a UDAG application for $1,000,000 would require a $200,000 local match. b. The proposed project must provide direct benefits to the low and moderate income residents of the pocket of 24 January 14, 1988 poverty through employment opportunities as well as through substantial physical and economic development of the area. This proposed amended area will enable potential developments in the Coronado area to consider UDAG as a possible funding source. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #2715 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 88-47A•-20-13 (19.) Consider Ordinance #9161 authorizing the removal of the traffic signal at the intersection of 16th Street and Avenue K. ORDINANCE #9161 ORDINANCE #9161 AN ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A TRAFFIC SIGNAL AT 16TH STREET AND AVENUE K AND AUTHORIZING THE REMOVAL OF SAID TRAFFIC SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL. A study of the traffic volumes at the intersection of 16th Street and Avenue K indicates that the minimum volume requirements for continued operation of a traffic signal are not met for any hours of the day. On November 23, 1987, the traffic signal was placed on "flash" in order to further study the need for the signal. Since then, there have been no reported accidents and no complaints received; therefore, in accordance with Section 4C-2 of the Texas Manual on Uniform Traffic Control Devices, Staff recommended that this signal be removed. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass on first reading Ordinance #9161 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 88-47A--20-14 (20.) Consider Resolution #2713 authorizing the Mayor to sign a Joint Funding Agreement with the United States Department of the Interior Geological Survey• RESOLUTION #2713 RESOLUTION #2713 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 Joint Funding Agreement between the City of Lubbock and the Geological Survey, Water Resources Division of the United States Department of the Interior of the United States Government as contained in a letter of agreement, dated October 1, 1987, for 21 January 14, 1988 the period October 1, 1987 to September 30, 1988, No. 08079575 North Double Mountain Fork Brazos River near Post and No. 08079600 Double Mountain Fork Brazos River at Justiceburg, for water resources investigations, 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 January, 1988. /s/ B.C. McMinn B.C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Wilford Watson Wilford Watson, Chief Engineer for Water Utilities APPROVED AS TO FORM: s J. 'Worth Fullingim J. Worth Fullingim, Assistant City Attorney This is the annual Contract with U.S. Department of Interior for the water quality and quantity monitoring at Justiceburg and at the Post site. The City's share of the cost of these two operations has decreased from last year as the U.S.G.S. is Paying a greater part. The cost for the operation for next year is $9,520 and the cost last year was $12,190. This Contract is from October 1, 1987 to September 30, 1988. Staff recommended this Agreement. Motion was made by Councilman Patterson, seconded by Councilman Phillips authorizing Resolution #2713 as recommended by Staff. Motion carried: 5 Yeas; O Nays. 88-47A-21-15 (21.) Consider Resolution #2714 to appoint_ an agent for the City of Lubbock to register City of Lubbock vehicles. RESOLUTION #2714 RESOLUTION #2714 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 appoint and does hereby appoint the Garage 22 January 14, 1988 Superintendent of the City as its agent authorized to register all motor vehicles used by the Lubbock Police Department pursuant to Article 6701m-2, V.A.C.S., and procedures required by the Texas Department of Highways and Transportation. Passed by the City Council this 14th day of January, 1988. /s1 B. C. McMinn B. C. McMINN, MAYOR ATTEST: Is1 Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Nabor Martinez, Assistant City Manager for Management Services APPROVED AS TO FORM: /s Harold Willard Harold Willard, Assistant City Attorney Since 1982, the Garage has had the responsibility for acquiring titles from the Texas Department of Highways and Public Transportation in Austin and license plates through the Lubbock field office of the Texas Department of Highways and Public Trans- portation for all City -owned vehicles and equipment. In 1986, the agency changed this procedure and required all Texas Exempt license plates be acquired directly from the agency in Austin. However, the Regular, Non -Exempt Plates and renewal stickers used on all unmarked Police units were acquired from the local field office. In 1987, another change in policy within the agency required that all plates be acquired through the Austin office and this change had a significant impact on the procurement time for all license plates. Plates could be acquired from the local field office with a one -day turn around time; however, the turn around time at present is 10 to 14 days. In March of 1987, Senator Montford introduced SB 763, which became effective August 31, 1987, that would amend Article 6675a-3aa and Article 6687-1 of Vernon's Texas Civil Statutes. These Amendments provided for the use of an alias by local Police Departments to be used in covert criminal activities. The enactment of this legislation brought about yet another change in procedures for acquiring license plates for all cities in Texas. This change requires local governing bodies to pass resolutions granting a specific individual authority to acquire license plates as out- lined in Article V.C.S. 670m-2 of the Texas Motor Vehicle Laws. 23 There are 79 unmarked units in the City of Lubbock fleet using Texas Non -Exempt license plates which have t❑ be relicensed each year. Rather than bring this matter back to the Council each time a unit is added, deleted ❑r a license expires, it was Staff's recommendation that a the Garage Superintendent be designated to handle this recurring administrative detail. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #2714 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 88-47A-23-16 (22.) Consider Resolution #2716 approving the purchase of real property for Lubbock Central Appraisal District. RESOLUTION #2716 RESOLUTION #2716 WHEREAS, the City of Lubbock desires to express its approval of the purchase of the real property located at 1715 26th Street, Lubbock, Texas for the establishment of the Lubbock Central Appraisal District office pursuant to Senate Bill 312 as passed by the Texas Legislature; NOW THEREFORE: BE IT RESOLVED BY THE City Council of the City of Lubbock THAT the purchase of the following described property to wit: Block 16, Lots 5,6,7,8,9,10,11 and West 112 of Lot 4, O'Neall Terrace Annex Addition to the City of Lubbock, Lubbock County, Texas, to include all land, buildings and appurtenances attached thereto; from Dorothy Manziel Frank and William Edward Frank for the sum of $250,000.00 TWO HUNDRED AND FIFTY THOUSAND DOLLARS plus associated additional costs and fees not to exceed $500.00 FIVE HUNDRED DOLLARS, which took place December 17, 1982, is approved by this governing body. Passed by the City of Lubbock City Council this 14th day of January, 1988. /s/ B. C. McMinn Presiding Officer ATTEST: /s/ Ranette Boyd APPROVED AS TO CONTENT: /s/ J. Robert Massengale APPROVED AS TO FORM: /s John C. Ross, Jr January 14, 1988 24 January 14, 1988 In 1982, as the Lubbock Central Appraisal District was organizing its operation, they bought the facilities where they are currently housed and the City of Lubbock, and all other jurisdictions involved with the Appraisal District shared in the cost of that facility through the budget that year. In 1987, the Texas State Legislature passed a bill that required the taxing jurisdictions within the county to approve any real estate purchase made by the Central Appraisal District and requires that the acquisition of real estate by the Appraisal District be approved even though the acquisition was prior to the law. If the jurisdictions disapproved the acquisition of the property, the Appraisal District would be required to relocate under a different arrangement that would be approved by the taxing jurisdictions within the county. Staff believe that the arrangement that the Appraisal District currently has is satisfactory and therefore recommended approval of the Resolution. Motion was made by Mayor pro Tem Baker, seconded by Councilman Patterson authorizing Resolution #2716 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 88-47A-24-17 (23.) Hold an Executive Session to discuss land acquisition --Water Utilities; and sale of property--LP&L. 88-47A-24-18 (24.) BID #9600--Six-month pricing, paper requirement (Print Shop). Jim Walter Papers--4,800 rm 8 112"xll" white bond; 1,200 8 112"x14" white bond. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 88-47A-24-19 (25.) BID #9580--Annual pricing, Mott mower parts (Parks and Recreation). Lacal Equipment, Inc., Jackson Center, Ohio--1 It. annual pricing, Mott Mower-Interstater repair parts. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 88-47A-24-20 (26.) BID #9564--Micro Vax Upgrade (Information Services). 25 January 14, 1988 American Digital Systems --Sudbury, MA --Disk Storage Upgrade. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; O Nays. 88-47A-25-21 (27.) BID #9512--LandscapingCopper Rawlings Community Center and Park and authorize same (Parks and Recreation). RESOLUTION #2717 RESOLUTION #2717 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract by and between the City of Lubbock and Staggs Landscapes of Lubbock, Inc. for landscaping for Copper Rawlings Community Center and Park, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of January, 1988. Is1 B.C. McMinn B.C. McMINN, MAYOR ATTEST: s Rane�tte Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is Genes Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: s1 Haraild Willard Harold Willard, Assistant City Attorney Staggs Landscapes of Lubbock, Inc. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize Resolution #2717. Motion carried: 5 Yeas; O Nays. 88-47A-215-22 (28.) BID #9588--Municipal Square Domestic Hot Water System --Phase III, and authorize_ same (Building Services 26 January 14, 1988 RESOLUTION #2718 RESOLUTION #2718 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract by and between the City of Lubbock and Quality Mechanical for Municipal Square domestic hot water system - Phase III, 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 January, 1988. Isl B. C. McMinn B.C. McMINN, MAYOR ATTEST: Isl Ranette Boyd RanettE� Boyd, City Secretary APPROVED AS TO CONTENT: 1 sl Genie Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: Isl Harold Willard Harold Willard, Assistant City Attorney Quality Mechanical Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize Resolution #2718. Motion carried: 5 Yeas; 0 Nays. 88-47A-26-23 (29.) BID #9592--Yearly pricing on oil and greases (Garage). Industrial Lubricants Co.--55 gal. lubric. oil (SAE10W); 55 gal. lubric. oil (SAE20W); 14,000 gal. lubric. oil (SAE3OW); 480 gal. lubric. oil (SAE40W); 55 gal. lubric. oil (SAE50W); 144 gal. lubric. oil (SAE15W140); 15,514 gal. AW-46 hydr. oil; 825 gal. air craft hydr. oil; 825 gal. hydr. oil all climate; 2,500 gal. SAE Dexron III ATF rating oil; 200 gal. Universal Tractor and eq. hydr. oil; 1,560 lbs. chassis lubricant/LITH; 2,OOO lbs multi -purpose tube grease. 27 January 14, 1988 Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 88-47A-21-24 (30.) BID #9581--Drillingmachines and drills Water Utilities). Bowles and Edens, E1 Paso--3 drilling machines for service connections --per specs. Transtex Supply Co., Odessa--1 Mueller CC-25 machine for drilling; 1 Mueller #83372 12" mech. joint; 1 Mueller #83141 11-112" shell cutter;1 Mueller #83682 11-12" cutter Hub; 1 Mueller #83958 12" pilot drill; 1 Mueller #83681 12" pilot drill. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 88-47A-27-25 (31.) BID #9619--Parts for Perkin Elmer spectrophotometer Water Treatment Laboratory). Perkin Elmer--1 AS-40 Auto sampling system #801104012; 1 Selenium EDL 0303-6262; 1 electrodeless discharge lamp power sup CAT#0057-0759. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize bid which is the sole source for items needed for Perkin Elmer spectrophotometer. Motion carried: 7 Yeas; 0 Nays. 88-47A-27-26 [ 7.) ORDINANCE #9162--Zone Case #2610 (located at northeast corner of 82nd Street and Tahoka Highway) --Hold a Public Hearing on request of Mel Ameen for zoning change from R-1 (single-- family residential to IHC Interstate Hi hwa Commercial on Lots 11-15 Block 22 Martin- Ameen Addition. ORDINANCE #9162 ORDINANCE #9162 A14 ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2610; A ZONING CHANGE FROM R-1 TO IHC ZONING ON LOTS 11-15, BLOCK 22, MARTIN-AMEEN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Wayne Robbins, representing Mel Ameen, appeared to present this request for Interstate Commercial. Wr January 14, 1988 Assistant City manager Jim Bertram stated that the original Interstate zone case rezoned all of the commercial and industrial districts to the new IH Districts, leaving the existing residentially zoned property subject to rezoning as the market and other circumstances dictate. These lots have frontage on 82nd Street between the Tahoka Highway and Avenue F, creating an area large enough to meet the objectives for change from residential to IH. Eighty-second Street is the south boundary of the IH policy area. The ICI zones do not require a Site Plan review during the zone case, but delay that process until a building permit is requested. By establishing a basic set of standards in the Ordinance for Site Plan► review by Staff prior to a construction permit, the proponent has a minimum of delay by not having to wait for the monthly Planning and Zoning Commission meetings and unresolved differences of opinion go to the Planning and Zoning Commission for resolution. Thirteen notices were mailed prior to the Planning and Zoning Commission Hearing and three were returned in favor and none were returned in opposition. The adjacent land use relationships are as follows: North - Single family zoning (in the IH Policy Commercial Area) South - Commercial zoning East - Single family zoning (in the IH Policy Commercial Area) West - Tahoka Highway A review in terms of the Comprehensive Land Use Plan shows that the request is not only within the ICI Policy commercial area but also is within the 5-10 acre policy for commercial at the intersection of two major thoroughfares (82nd Street and the Tahoka Highway). Properly developed, the change in zoning should have no adverse effect on traffic. No one appeared in opposition to this request. The Staff recommended that the Planning and Zoning Commission be upheld. Mayor McMinn closed the Hearing. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #9162 as recommended by PR and Staff. motion carried: 5 Yeas; 0 Nays. 29 January 14, 1988 88-47A-29-27 ( 8.) ORDINANCE #9163--Zone Case #2611 located at northeast corner ❑f North Avenue N and Harvard street --Nola a Nuuiic hearing -on Charles Hall for zoning change fro residential to M-1 Specific Use manufacturing) on Lots 14-15 Bloc Country Club Addition. ORDINANCE #9163 ORDINANCE #9163 AIV ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2611; A ZONING CHANGE FROM R-2 TO M-1 SPECIFIC USE PERMIT FOR LIGHT MANUFACTURING ON LOTS 14-15, BLOCK 12, COUNTRY CLUB ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Charles Hall, representing CMH Manufacturing Company, appeared to request this change in zoning. This business presently employs six but projects they will employ twelve within the next year. Assistant City Manager Jim Bertram said that the adjacent land use relationships are as follows: North µ Vacant Area South - Industrial East - Residential West - Vacant Area Mr. Bertram went on to say that the resident to the east is occupied by the person selling the land to Mr. Hall, and that resident supports the zone case. Twelve notices were mailed, and one each were returned in favor and opposition. The owner to the east does not want his remaining property rezoned at this time. The Comprehensive Land Use Plan indicates industrial land use for a distance in all directions from the request. The remaining residential zoning is non -conforming when considered under land use policy. The use of a Specific Use Permit allows for two varia- tions: 1) Reduction to one foot (from the standard ten') of setback on the west property line. The reduced setback will allow for enough room on the east side to design adequate standard parking spaces; and 2) elimination of the solid screening fence requirement ❑n the north and east, although the existing chain link fence 30 January 14, 1988 88-47A-30-28 (32.) 88-47A•-30-29 (33.) to the east will remain. It has been noted that no residential exists to the north and the resident to the east is in agreement with the development. During the Planning and Zoning Commission Hearing, the Staff supported the two changes from standard M-1 requirements on the basis of the slow development pace in this area, and primarily because the request does not detract from the intent of the zoning Ordinance. No one appeared in opposition. The Staff recommended that the Planning and Zoning Commission be upheld subject to the following condition: (a) Development shall be in compliance with the Site Plan presented to the Planning and Zoning Commission. Mayor McMinn closed the Hearing. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to pass on first reading Ordinance ##9163 as recommended by P&Z and Staff. Motion carried: 5 Yeas; 0 Nays. Consider six aonointmen fne terms of Hito Kie5I1n t Snell, Judy P. Campbell, ll expire on January 23, n resigned from the oaain's term expires Janua Motion was made by Councilman Phillips, seconded by Councilman Patterson reappointing Robert Snell and to appoint Gary Bellair, Eunice Word, Dan Kittreli, and Lucy Gutierrez to replace Nita Kiesling, Bob Schmidt, Judy Campbell, and Kenneth May and to appoint Roy Roberts to fill the unexpired term of John Scoggin (through January 23, 1990) on the Lubbock:2005 Review Committee. Motion carried: 5 Yeas; 0 Days. Consider one appointment to the Firemen's and Policemen's Civil Service Commission. The term of Jack Sebastian will expire on January 29, 1988. Motion was made by Councilman Phillips, seconded by Councilman Carpenter to appoint Jim Houser to fill the unexpired term of Jack Sebastian on the Firemen's and Policemen's Civil Service Commission. Motion carried: 5 Yeas; 0 Nays. 31 88-47A-31-30 (34.) 88-47A-31-31 (35.) 88-47A-31-32 (36.) 88-47A-31-33 (37.) 88-47A-31-34 (38.) 88-47A-31-35 (39.) January 14, 1988 Consider two__appointments to the Human Relations Commission to fill the unexpired term of Bill Orr. whose term expires ❑n Mav 25. 1988. and 1989. Mr. Orr and Ms. Chavez have both resigned. Motion was made by Councilman Phillips, seconded by Councilman Patterson to appoint Wes Harley to fill the unexpired term of Bill Orr and Nellie Gomez to fill the unexpired term of Virginia Chavez on the Human Relations Commission. Motion carried: 5 Yeas; 0 Nays. Consider one appointment to the Board of Health to replace Carolvn Matthews who declined 1987 and will expire December 31, 1990. Motion was made by Councilman Phillips, seconded by Councilman Carpenter to appoint Vicki Shadden to replace Carolyn Matthews on the Board of Health. Motion carried: 5 Yeas; 0 Nays. Consider one appointment to the Central Business Motion was made by Councilman Phillips, seconded by Councilman Patterson to appoint Raymond Powell to replace Paula Deering on the Central Business District Steering Committee. Motion carried: 5 Yeas; 0 Nays. rt Board to Motion was made by Councilman Phillips, seconded by Councilman Carpenter to appoint Bill Parsley to fill the unexpired term of Lloyd Croslin on the Airport Board. Motion carried: 5 Yeas; 0 Nays. Consider action removing from the table two appointments to the Lubbock Board of City Development. The terms of Dr. Mason Somerville and Marjorie Kastman expired December 13, 1987. Consider two appointments to the Lubbock Board of City Development. The terms of Dr. Mason Somerville and Marjorie Kastman expired December Items 38 and 39 were continued to the January 28 City Council meeting. 32 January 14, 1988 There being no further business to come before Council, motion was made by Councilman Patterson, seconded by Councilman Phillips to adjourn the meeting at 11:16 a.m. 'B. C. McMINN, MAYOR ATTEST: Ranet a Boyd, City Secretary READ AND APPROVED THIS 2$TH DAY OF JANUARY, 1988. "00 B. C. McMINN, MAYOR ATTEST: L r Rane to Boyd, City Secretary THE STATE OF TEXAS COUNTY OF LUBBOCK R' 69 Before me r 3ai r- 2 i'g 4-.1 t i , d P 3 a Not.ary Public in and For Lubbock Co personally appeared A ru ll n t 11can a ge r of the pers Corporation. publishers of the Lubbock Avalanche -.Journal — Morning. Eve being by me duly sworn did depose and says that said newspaper has been published than fifty-two weeks prior to the First insertion of this 1_eka # :datice No. --,'1 at Lubbock County. Texas ed copy of the L a :i I ': ra t i c e is a true copy of the original and was Avalanche -.Journal on the following dates' � e irer,b e r 31 s 1937 Act, i Et a i ij,- Y r LLIBBOCK AVAl.ANCHE-,JO1!RNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this # . day of 9-3_8 FORM 58-10 ItQTICff CI* PUZ71400M NoTlCe it HERE"Y6W�wltlroi� the City Council of", h01d / 1111�IiS hearing Wq ThdrsdaY. JWKWV Is. 1W. at t:30 a•m.. In the CRY C/ ' cli Chambers. WS-Mh SIt"11- Lobbocl,. Taxa& to cansitW 00- amrn endatlers. by the P94AW09 400 Zoning Commisslon Ihlt Vat of chan96d an certain WOW* In Lubbock. T,exas.AM In""11164 /1r- sens mov speak. than !hd CIIY Council will act anautfi+'>S19dMnMM• datiens. 'rfle iolk}wihd tgP4 calf will be board =No eAie 1W Tin= fRe FA0 M Mel Amaen for Miing chains 6" R-1 isirwo-ISM1110 w4sifgdl1441 to - 1HC [Intorlfala HiowwavCow-491- clap arr }1.15 1111WA M MM• f nor rrid$traet alldialtlks Hlsh- warl. ION@ CASE NO. U114 RsbYbsl e! Charles "all tar lenlhf thorns from R-7 roidentlal} Ie -1 110 ctic Useifor light m1r71 on Lots 11.13. Black 12. C"Wty Club Addition lRarIN411" llrl+er North Avenul H anti ilsrYsfd Sired 1. R-et FRANCES HERN,ANlDEZ F-' f I Y.• 1 OtarY FJ hiic. S1ai O, �r• �, M3, C'Orn R,.531pn E,pli ea 7 L• 91