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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/25/1988115 REGULAR CITY COUNCIL MEETING MINUTES FEBRUARY 25, 1988 The City Council of the City of Lubbock, Texas met in regular session on the 25th day of February, 1988 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 2:30 p.m. Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilman Gary Phillips, Councilman Bob Nash, Councilman George Carpenter, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Absent: Councilwoman Maggie Trejo Mayor McMinn called the meeting to order at 2:30 p.m. [ 1.) The Invocation was given by Bob Cass, Deputy City Manager. { 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 Carpenter to approve the Minutes of the February 11, 1988 Regular City Council meeting as written. Motion carried: 6 Yeas; 0 Nays. ( 4.) Citizen Appearances Board Appointments 88-47A 115-108 ( 5.) Charley Pope will appear on behalf of Civic Lubbock, Inc., t❑ present recommendations regarding the 1985 Agreement with the City of Lubbock. RESOLUTION #2752 RESOLUTION #2752 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 116 February 25, 1988 Lubbock an Agreement by and between the City of Lubbock and Civic Lubbock, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part ❑f this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of February, 1988. Isl B. C. McMinn B.C. McMINN, MAYOR ATTEST:: Is1 Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Rita Harmon Rita Harmon, Assistant City Manager for Public Safety and Services APPROVED AS TO FORM: Isl Harold Willard Harold Willard, Assistant City Attorney In 1979, the City Council approved an Agreement with Civic Lubbock, Inc., which provided that Civic Lubbock pay quarterly to the City 7% of gross concession sales. In addition, Civic Lubbock was required to pay annually to the City the total amount of cash assets existing at the end of each fiscal year over and above a $100,00O Reserve Fund. In 1985, the Agreement was amended to provide that Civic Lubbock pay 20% ❑f gross concession sales or $150,000, whichever amount was greater, t❑ the City on a quarterly basis. The $100,000 Civic Lubbock Reserve Fund was retained for future projects with whatever funds were available after ❑bligations t❑ the City were met. For the five-year period preceding the 1985 Amendment to the Agreement, the 7% quarterly payments plus the year-end contributions (cash assets exceeding the $100,000 Reserve Fund) averaged $151,178 in revenues to the City of Lubbock. Thus, in 1985, it was the consensus that a $150,000 minimum obligation for Civic Lubbock would not pose an unreasonable burden and, to the contrary, concession revenues and other Civic Lubbock revenues would continue t❑ increase. During the five-year period preceding the 1985 Agreement, Civic Lubbock, Inc., gross concession sales experienced a 25% increase. Since that time, Civic Lubbock has experienced a 10% decrease in gross concession sales. This decrease is attributed t❑ the slow -down in the economy and t❑ contributing factors such as the raising ❑f the legal drinking age and the February 25, 1988 117 increased alcoholic beverage consumption management by Staff. Concession operating costs have also increased as, for example, the cost of alcoholic beverage liability insurance which now costs $8,500 per year, as opposed to less than $100 just a few years ago. The Civic Lubbock Board and Staff have endeavored to improve the Civic Lubbock profit picture by controlling expenses of all types, including the reduction of funding for co-sponsorship for certain events. In spite of these efforts, the $100,000 Reserve Fund has been reduced in each of the past two years in order that the minimum $150,000 annual payment to the City of Lubbock could be made. The Reserve Fund now stands at $57,000. Charley Pope, Chairman of Civic Lubbock, Inc. Board of Directors, presented the Board recommendation that the 1985 Agreement be amended to eliminate the $150,000 minimum annual payment to the City of Lubbock, effective date for the current fiscal year. All other provisions of the 1985 Agreement, including the stipulated requirement for payment of 20% of gross concession sales, would remain unchanged. Staff memo indicated that it is anticipated that with this change, the Reserve Fund can grow to its approved $100,000 amount in a year or two and as the economy improves, the payments to the City of Lubbock of 20% of concession sales will grow to and possibly exceed the $150,000 amount in the next few years. The 20% concession payment to the City for 1986- 87 totaled $117,849. Concession sales for the first quarter of this fiscal year were up 25% over the first quarter of last year. If this trend continues for the balance of the year, payments to the City could come close the the existing $150,000 minimum payment amount. A new Agreement with Civic Lubbock, which supersedes the prior Agreement, has been prepared for Council consideration. The $150,000 minimum payment provision has been eliminated, but all other provisions of the prior Agreement are unchanged. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to authorize Resolution #2752 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 88-47A-117-109 [ 6.) ORDINANCE #9169--Amending Ordinance #9099 regarding Westfork annexation. ORDINANCE #9169 118 February 25, 1988 ORDINANCE #9169 AN ORDINANCE AMENDING ORDINANCE NO. 9099 OF THE CITY OF LUBBOCK, TEXAS, WHICH ANNEXED PROPERTY ADJACENT TO THE CITY OF LUBBOCK, BY CORRECTING CLERICAL ERRORS WITHIN THE METES AND BOUNDS DESCRIPTION CONTAINED WITHIN SAID ORDINANCE TO CORRECTLY REFLECT THE INTENT OF THE CITY COUNCIL AND THE CITY MAP ATTACHED TO ORDINANCE NO. 9099; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9159 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. 88-47A- 118-110 ( 7.) ORDI of Urninances Code. ORDINANCE #9170 Amending Ch arding Oil ORDINANCE #9170 AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF SECTION 14-128 PERTAINING TO REQUIREMENTS FOR BONDS, LETTERS OF CREDIT AND INSURANCE FOR DRILLING AND OPERATION OF OIL AND GAS WELLS; BY AMENDING THE LANGUAGE OF SECTION 14-142, SUBSECTION (c)(3), WITH REGARD TO VOTE REQUIRED TO SECURE PERMIT FOR OIL AND GAS WELL OPERATION WHEN LESS THAN 100 PERCENT WRITTEN CONSENT OF REAL PROPERTY OWNERS IS SECURED; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The changes reflect the following: 1. To allow letters of credit as an alternative for the required bond; 2. To change the percentage of approval by adjacent landowners when a 5/7 Council vote is required from 80% to 50% and delete the automatic landscape requirement when 100% approval is not obtained; and 3. For the injection well permit section [14-132(f)], to add an existing oil and gas well section [14-142(e)] which stipulates that a valid oil and gas lease constitutes automatic permission as discussed in (2) above. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9170 ❑n recommendation of Staff. Motion carried: 5 Yeas; 0 Nays. 88-47A- 118-111 ( 8.) DRDINANCE #917 ORDINANCE #9172 closing a Dortion February 25, 1988 11 ORDINANCE #9172 AN ORDINANCE ABANDONING AND CLOSING A PORTIONS OF 70th STREET LOCATED IN SECTION 5, BLOCK 3, 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 MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9172 on recommendation of Staff. Motion carried: 6 Yeas; 0 Nays. 88-47A,-119-112 ( 9.) ORDINANCE #9173--Authorizing removal of the traffic signal at the intersection of 15th Str ORDINANCE #9173 ORDINANCE #9173 AN ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A TRAFFIC SIGNAL_ AT 15TH STREET AND TEXAS AVENUE AND AUTHORIZING THE REMOVAL OF SAID TRAFFIC SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9173 on recommendation of Staff. Motion carried: 6 Yeas; 0 Nays. 88-47A-119-113 (10.) ORDINANCE #9174--Calling the Regular Municipal Election for May 7, 1988. ORDINANCE #9174 ORDINANCE #9174 AN ORDINANCE ESTABLISHING THE DATE OF THE REGULAR MUNICIPAL ELECTION OF THE CITY OF LUBBOCK FOR THE YEAR; AND REQUIRING ISSUANCE OF AN APPROPRIATE ELECTION ORDER; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9174 on recommendation of Staff. Motion carried: 6 Yeas; 0 Nays. 88-47A-119-114 (11.} ORDINANCE #9175--Calling a Special City Charter Amendment Election for May 7 1988. ORDINANCE #9175 ORDINANCE #9175 ' AN ORDINANCE CALLING FOR SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF LUBBOCK, TEXAS, FOR ADOPTION OR REJECTION, THE FOLLOWING AMENDMENTS TO THE EXISTING CHARTER OF THE CITY OF LUBBOCK: 1. AN AMENDMENT TO THOSE SECTIONS OF THE CHARTER REQUIRING AMENDMENT TO CONFORM WITH JUDICIAL DECISION UNDER THE VOTING RIGHTS ACT BY EXPANDING THE COUNCIL TO SEVEN (7) MEMBERS; MAYOR TO BE ELECTED AT LARGE AND COUNCILMEMBERS TO BE ELECTED FROM SINGLE -MEMBER DISTRICTS; PROVIDING A TWO (2) YEAR TERM FOR MAYOR AND STAGGERED FOUR 120 February 25, 1988 (4) YEAR TERMS FOR COUNCILMEMBERS; PROVIDING FOR ELECTION OF A MAYOR PRO TEM BY THE CITY COUNCIL; DEFINING A QUORUM AS FOUR (4) MEMBERS ANO REQUIRING THE AFFIRMATIVE VOTE OF FOUR (4) MEMBERS TO ADOPT OR REPEAL ORDINANCES OR RESOLUTIONS; AND PROVIDING PROCEDURES FOR COUNCIL VOTING AND VOTE RECORDATION. 2. AN AMENDMENT TO THOSE SECTIONS OF THE CHARTER REQUIRING AMENDMENT TO CONFORM TO CHANGES IN THE TEXAS ELECTION CODE; SETTING THE DATES FOR THE REGULAR MUNICIPAL ELECTION, CANVASS OF VOTES, AND RUN-OFF ELECTION; REQUIRING A $100.00 FILING FEE OF ALL MUNICIPAL CANDIDATES OR A PETITION IN LIEU THEREOF; PROVIDING PROCEDURES FOR RECALL OF OFFICIALS BY DISTRICTS; REQUIRING CONFORMITY TO STATE LAW IN PETITIONS FOR INITIATIVE, REFERENDUM ANO RECALL; PROVIDING TIME FOR CANVASS OF VOTES AND TO DECLARE RESULTS; AND ELIMINATING USE OF INITIATIVE AND REFERENDUM WHERE AN ELECTION IS OTHERWISE PROVIDED BY LAW. 3. AN AMENDMENT TO THOSE SECTIONS OF THE CHARTER SPECIFYING INTEREST RATE LIMITATIONS WITH REGARD TO BONDS, PAVING ASSESSMENTS AND PUBLIC WORKS IMPROVEMENT ASSESSMENTS TO ALLOW SUCH INTEREST RATES AS ARE PROVI0E0 BY STATE LAW. 4. AN AMENDMENT TO THE CHARTER TO INCREASE THE COMPENSATION OF THE MAYOR FROM $75.00 PER MONTH TO $400.00 PER MONTH AND TO IN- CREASE THE COMPENSATION FOR COUNCILMEMBERS FROM $25.00 PER MONTH TO $200.00 PER MONTH. 5. AN AMENDMENT TO CONFORM THE CHARTER TO STATE LAW PROVI- SIONS REQUIRING COMPETITIVE BIDDING PROCEDURES FOR EXPENDITURES EX- CEEDING THE AMOUNT ESTABLISHED BY STATE LAW. 6. AN AMENDMENT TO CONFORM THE CHARTER TO JUDICIAL DECISION THAT NOTICE OF CLAIMS MUST BE FILED WITHIN SIX (6) MONTHS RATHER THAN THIRTY (30) DAYS AFTER THE TIME SUCH CLAIM AROSE. 7. AN AMENDMENT TO PROVIDE THAT THE CITY COUNCIL MAY APPOINT MEMBERS OF CITY BOARDS AND COMMISSIONS FOR TERMS OF OFFICE OF UP TO FOUR YEARS IN LENGTH. 8. AN AMENDMENT TO CONFORM THE CHARTER TO COMPLY WITH THE TEXAS PROPERTY TAX CODE AND OTHER STATE LAWS WITH REGARD TO TAXATION PROCEDURES; AND ELIMINATING OR CHANGING REFERENCES TO AN ASSESSOR - COLLECTOR OF TAXES; AND TRANSFERRING ANY REMAINING DUTIES OF SUCH OFFICE TO THE CITY MANAGER OR HIS DESIGNEE. 9. AN AMENDMENT CONFORMING THE CHARTER TO THE STATE GOVERN- MENT CODE WITH RESPECT TO THE MUNICIPAL COURT OF RECORD; AND CHANGING ALL REFERENCES TO A CORPORATION COURT TO MUNICIPAL COURT OF RECORD; AND CONFORMING PENALTIES PERMISSIBLE IN SUCH COURT TO SUCH PENALTIES AS ARE PERMITTED BY STATE LAW. 10. AN AMENDMENT CORRECTING OR ELIMINATING MINOR INOPERATIVE PROVISIONS AND TYPOGRAPHICAL ERRORS. 11. AN AMENDMENT TO PROVIDE FOR DISQUALIFICATION OF MEMBERS OF THE CITY COUNCIL AND THE ELECTRIC UTILITY BOARD OWNING A SUBSTANTIAL INTEREST AS DEFINED BY STATE LAW IN PUBLIC UTILITY OPERATING WITHIN THE CITY OF LUBBOCK. MAKING PROVISION FOR CONDUCT OF THE ELECTION ACCORDING TO APPLICABLE PROVISIONS OF LAW; PROVIDING FOR NOTICE OF THIS ELECTION BY PUBLICATION OF THIS ORDINANCE; PROVIDING FOR EXECUTION OF AN APPROPRIATE ELECTION ORDER HEREAFTER; AND OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE HEREOF; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: February 25, 1988 121 SECTION 1. THAT an election be held on the 7th day of May, 1988, which date is the first authorized uniform election date that is more than thirty (30) days after final passage of this Ordinance, at which election the following propositions t❑ adopt or reject amendments to the existing Charter ❑f the City of Lubbock shall be submitted t❑ the qualified voters for adoption or rejection: PROPOSITION NO. 1 SHALL the Charter of the City of Lubbock as t❑ the City Council be amended as appropriate t❑ comply with judicial decision under the Voting Rights Act, by expanding the City Council to seven (7) members; Mayor to be elected at large and each of six (6) Councilmembers elected from single -member districts; providing a two (2) year term for Mayor and staggered four (4) year terms for Councilmembers; providing for the election of a Mayor pro tempore by the City Council; defining a quorum as four (4) members and requiring an affirmative vote ❑f four (4) members t❑ adopt or repeal ❑rdinances or resolutions, and providing procedures for Council voting and vote recordation? In the event of approval of such proposition the following changes shall be made to the Charter of the City of Lubbock: Chapter 1, Art. IX, §1. Delete the current section text and substitute therefor the fol- lowing text, "The Municipal Government of the City of Lubbock shall consist of the City Council, which shall be composed of a Mayor and six (6) Councilmembers." Chapter 1, Art. IX, §2. Delete the current section text and substitute therefor the fol- lowing text, "The Mayor shall serve for a term of two (2) years, and each Counciimember shall serve for a term of four (4) years, and until their successors are elected or qualified, unless sooner removed from office as herein provided. Initial terms for Councilmembers from Districts 1, 3 and 5 shall be two (2) years, commencing in 1984, and four (4) years thereafter." Chapter 1, Art. IX, §4. Delete the first sentence and substitute therefor the following text, " The Mayor and each Coun- cilmember shall be a resident citizen of the City of Lubbock and have the qualifications of electors therein. The Mayor and all Councilmembers shall be bona fide residents within the City and within the applicable District at the time of filing for ❑ffice and must continue to reside within the City and the applicable District during the term of ❑ffice." 122 February 25, 1988 Chapter 1, Art. IX, §5. Chapter 1, Art. IX, §12. Chapter 1, Art. IX, §15. Delete the first paragraph of the current section and substitute therefor the following, "The Councilmembers other than the Mayor shall be elected from geographical districts and shall be designated Councilmember, Districts 1 through 6, each of whom shall be elected to the office sought by a majority of the qualified voters of the ap- propriate District; and the City Council shall be the judge ❑f the election and qualifications of its members. Councilmember Districts shall contain such City Voting Precincts as are assigned to such Districts by Ordinance enacted by the City Council." Delete the current section text and substitute therefor the fol- lowing, "The members of the City Council shall elect a Mayor pro tempore from among its members and such election shall be held at the first regular meeting of the City Council after newly elected members have qualified and taken their seats ❑n the City Council following a regular municipal election. In the absence or disqualification of the Mayor and the Mayor pro tempore, then the position ❑f Mayor pro tempore shall be occupied by the Councilmember having the most seniority in service on the City Council." Delete the first paragraph of the section and substitute therefor the following, "Any four (4) Councilmembers shall constitute a quorum for the transaction of any business, and the affirmative vote of any four (4) Councilmembers shall be sufficient and necessary to adopt or repeal any ordinance or resolution. The vote upon pas- sage or repeal ❑f any ordinance or resolution shall be taken by "Yea" and "Nay" vote, and entered upon the journal. All members ❑f the Council shall vote upon every question, ordinance or resolution, provided that not more than one (1) Councilmember may be excused from voting by a vote of the other six (6) members, which shall be entered upon the journal. Any Councilmember refusing to vote unless s❑ excused shall be entered on the journal as voting in the affirmative." February 25, 1988 123 PROPOSITION NO. 2 SHALL the Charter of the City of Lubbock as to election proce- dures be modified as allowed or required by the Texas Election Code, setting the dates for the regular municipal election canvass of votes, and run-off election; requiring from all municipal candidates a $100.00 filing fee or a petition in lieu thereof; providing the contents of such petition; providing procedures for recall of officials by districts; requiring conformity to State law of petitions for initiative, referendum and recall; providing time for canvass of votes and to declare results; and eliminating use of initiative and referendum where an election is otherwise provided by State law? In the event of approval of such proposition the following changes shall be made to the Charter of the City of Lubbock: Chapter 1, Art. Ill, §1. Add to the first sentence of the paragraph entitled, "Petition; signatures; affidavit,: the words "and, in addition, such other in- formation as may be required by State law, such as a printed name, voter registration number and date of signing." Add a new paragraph thereto reading: "Election orovided by State law. In the event that a referendum is provided by State law upon some matter, such as, but not limited to, the issuance of revenue bonds, such law shall supersede the provisions of this Charter pertaining to initiative and referendum and the Charter's provisions shall not be effective." Chapter 1, Art. IV, §2. Remove the second sentence in the paragraph "Petition for recall" and substitute therefor the fol- lowing sentence, "Such petition for the retail of any elective officer or officers shall be signed by at least thirty percent (30%) of the qualified voters of the officer's elective District, to be determined by the number of votes cast in the District at the last regular municipal election; at least one -tenth (1/10) of those signing the petition shall certify that at the election at which the officer or officers was or were elected, they voted for the election of such officer or officers proposed to be recalled. "The district of the Mayor and Municipal Judge, for the purpose of this section, shall be the City at large." Chapter 1, Art. IV, §2. Add to the first sentence of the paragraph entitled, "Signatures on petitions," the words "and, in addition, such other information 124 February 25, 1988 Chapter 1, Art. IX, §5. Chapter 1, Art. IX, §6. Chapter 1, Art. IX, §6A. as may be required by State law, such as a printed name, voter registration number and date of signing." Delete the paragraph entitled, "Candidates, official ballot," and substitute therefor the following: "Candidates• official ballot• filing fee; petition. Each candidate for City elective office shall request in writing to have his or her name placed upon the official ballot, which request shall be filed along with the appropriate filing fee or a Petition for Candidacy in accordance with the State Election Code with the person exercising the duties ❑f City Secretary at least forty-five (45) days before the upcoming election, unless another filing period is specified by the State Election Code. Candidates for Councilmember shall indicate upon their written request in which district they are seeking election. The filing fee shall be ❑ne hundred dollars ($100.00) for all positions ❑r a Petition for Candidacy in lieu of a filing fee which shall be signed by not less than twenty-five (25) qualified voters in the applicable district or ❑ne-half of ❑ne percent of the total vote received in the district from which the office is elected by all candidates for mayor in the most recent mayoral election whichever is greater. The district ❑f the Mayor and Municipal Mudge, for the purpose of this section, shall be the City at large." Delete the words "and in any event within five (5) days" and substi-tute therefor the words "and in any event not earlier than the second or later than the 11 sixth day. Delete the words "shall be held ❑n the fourth Tuesday following the preceding election" and "in any event within five (5) days," and substituted for each respective phrase "shall be held not earlier than the 20th day or later than the 30th day after the date of the canvass of election returns for the main election, except that following the regular February 25, 1988 125 Chapter 1, Art. IX, §7. municipal election in May the run-off election shall be held on the last Saturday in May, unless another day is stated in the order calling the run-off election" and "in any event not earlier than the second day or later than the sixth day." This section shall be amended to read as follows: "Sec. 7. Election day. The regular municipal election for the election of municipal officers of the City of Lubbock shall be held on the first Saturday of May of every even numbered year or in accordance with the applicable provisions of the State Election Code. PROPOSITION NO. 3 SHALL the Charter of the City of Lubbock be amended t❑ limit interest rates on bonds, paving assessments and public works improvement assessments to such interest rates as are permitted by the laws of the State of Texas? .In the event of approval of such proposition the following changers shall be made to the Charter of the City of Lubbock: Chapter 1, Art. II, §15. Delete from Paragraph (a), Sub- paragraph "Terms of Payment," the words "at any rate not exceeding eight percent (8%) per annum" and substitute the words "at any rate permitted by the laws of the State of Texas." Chapter 1, Art. II, §19. Delete the words "at the rate not exceeding eight percent (8%) per annum" and substitute therefor the words "at any rate permitted by the laws of the State of Texas." Chapter 1, Art. VIII, §1. Delete the words "to bear interest not to exceed six percent (6%) per annum, payable annually or semi-annually." PROPOSITION NO. 4 '.SHALL the Charter of the City of Lubbock be amended to increase the compensation of the Mayor from $75.00 per month to $400.00 per month and of Councilmembers from $25.00 per month to $200.00 per month? In the event of approval of such proposition the following change shall be made to the Charter of the City of Lubbock: 126 February 25, 1988 Chapter 1, Art. IX, §14. In the first sentence, change the words "$900.00 (Nine Hundred) per annum" to "Four Hundred Dollars ($400.00) per month" and change the words $300.00 (Three Hundred) per annum" to "Two Hundred Dollars ($200.00) per month." PROPOSITION NO. 5 SHALL the Charter of the City of Lubbock be amended to require competitive bidding procedures for expenditures exceeding the amount established by State law? In the event of approval of such proposition the following change shall be made to the Charter ❑f the City of Lubbock: Chapter 1, Art. IX, §27. Delete the words "Two Thousand Dollars ($2,000.00)" and at each place substitute therefor the words "the minimum dollar amount requiring competitive bids by State law." PROPOSITION NO. 6 SHALL the Charter of the City of Lubbock be modified as to con- form with judicial decisions so that notice of claims against the City must be filed within six (6) months rather than thirty (30) days of the time such cause of action arose? In the event of approval of such proposition the following change shall be made to the Charter of the City of Lubbock: Chapter 1, Art. II, §8. Remove the words "within 30 days" and substitute therefor the words "within six (6) months." PROPOSITION NO. 7 SHALL the Charter of the City of Lubbock be amended to provide that the City Council may appoint members of City Boards and Commis- sions I -or terms of office up t❑ four (4) years? In the event of approval of such proposition the following change shall be made to the Charter of the City of Lubbock: Chapter 1, Art. IX, §10. Add the following sentence, "The City Council may appoint members of City Boards and Commissions for terms of office up to four (4) years in length." PROPOSITION NO. 8 SHALL the Charter of the City of Lubbock be modified as to taxation procedures as necessitated by State law, to require taxation and finance procedures to comply with the Texas Property Tax Code and other applicable laws eliminating or changing reference to Assessor - Collector of taxes, and transferring any remaining duties of the dis- continued office to the City Manager or his designee? In the event of approval of such proposition the following changes shall be made to the Charter of the City of Lubbock: February 25, 1988 127 Chapter 1, Art. VI. Chapter 1, Art. VII. Chapter 1, Art. IX, §10. Chapter 1, Art. IX, §30. Change all reference therein to "Assessor and Collector ❑f Taxes," "Assessor and Collector" and "City Assessor and Collector" to "City Manager or his designee." Except for Section 6 and the first paragraph of Section 7, which shall be renumbered respectively as Sections 1 and 2, delete all current provisions and add thereto a new Section 3, reading as follows: "All procedures pertaining to taxation and finance shall be in accordance with provisions of the Texas Property Tax Code and other applicable State law, ordinances, resolutions and rules of the City Council." Remove the words "the City Tax Collector and Assessor." Delete the words "City Tax Collector." PROPOSITION NO. 9 SHALL the Charter of the City ❑f Lubbock be amended to require the Lubbock Municipal Court of Record to operate in conformance with the State Government Code and all ❑ther applicable ordinances, resolutions and rules; changing all references t❑ "corporation court" to "municipal court of record;" and increasing the current fines on penal ordinances so as not to exceed the maximum fine permitted by State law? In the event of approval of such proposition the following changes shall be made to the Charter of the City of Lubbock: C'hapt-er 1. (Entire Chapter). Chapter 1, Art. II, §23. Chapter 1, Art. III. (Judicial). Change all references to "corpora-tion court" to "municipal court of record." Delete from the paragraph entitled "Penal Ordinances; penalty" the words "not to exceed two hundred ($200.00) Dollars" and substitute therefor the words "not to exceed the maximum fine permitted by applicable State law." Delete all current sections and substitute therefor the following sentence, "The governing body of the City of Lubbock may by ordinance establish the City's existing municipal courts as municipal courts of record, which courts of record shall operate in conformance with all applicable laws, ordinances, resolutions and rules." 128 February 25, 1988 PROPOSITION NO. 10 SHALL the Charter of the City of Lubbock be amended to correct or eliminate minor inoperative provisions such as, allowing plats to be filed with the City rather than the Mayor; deleting reference to City Marshal; deleting provisions regulating hours of labor now regulated by State and Federal law, and correcting clerical errors? In the event of approval of such proposition the following changes shall be made to the Charter of the City of Lubbock: Chapter 1, Art. I, §4. Chapter 1, Art. II, §18. (Franchise limitation) Chapter 1, Art. IV, §1. (Certificate of committee filing with secretary) Chapter 1, Art. IV, §2. (Recall petitions; dis- tribution, etc.) Chapter 1, Art. VI, §4. Chapter 1, Art. IX, §10. Chapter 1, Art. IX, §29. The word "Mayor" therein shall be changed to the words "City of Lubbock." Change "results" to "result." Change "their" to "its." Change "City Secreatary" to "City Secretary" and "suck" to "such." Change "their" to "its." Remove the words "City Marshall." Remove Section 29 and renumber current Sections 30 and 31 as Sections 29 and 30, respectively. PROPOSITION NO. 11 SHALL the Charter of the City of Lubbock be amended to provide for the disqualification of members of the City Council and the Elec- tric Utility Board owning a substantial interest as defined by State law in a public utility or public service corporation within the City of Lubbock' In the event of approval of such proposition the following change shall be made to the Charter ❑f the City of Lubbock: Chapter 1, Art. IX, §4. Delete from the second sentence the words "nor shall either of them be the owner in any public service utility or public service corporation within the City, nor in the employ ❑f any owner of stock in any public utility ❑r public service corporation" and substitute therefor the following text, "nor shall any member ❑f the City Council or the Electric Utility Board have a substantial interest in any public utility operating within the City ❑f Lubbock, nor be in the employ of any person having a substantial interest in any public utility operating within the City ❑f Lubbock. Substantial interest February 25, 1988 129 shall mean substantial interest as defined by the laws of the State of Texas regulating conflicts of interest of officers of municipalities." SECTION 2. THAT said election shall be held under the provi- sions of and in accordance with the Charter and ordinances of the City of Lubbock, insofar as the same may be applicable, and in accordance with the laws of the State of Texas, and the ballots for said election shall have printed thereon the propositions as stated in Section 1 of this Ordinance, and such propositions shall appear under the following information for voters: "Make a punch hole in the space provided beside the statement indicating the way you desire to vote." SECTION 3. THAT notice of this election shall be published in a newspaper of general circulation published in the community by publication of this Ordinance in its entirety upon the same day in each of two successive weeks, with the first publication occurring before the lath day before the date of the election. SECTION 4. THAT the said election shall be conducted May 7, 1988, From the hours 7:00 a.m. to 7:00 p.m. Absentee voting shall be conducted at the City Secretary's office during normal working hours at the Lubbock Municipal Building, 1525 13th Street. SECTION 5. THAT an electronic voting system, as the term is defined in the Texas Election Code, shall be utilized in connection with this election. SECTION 5. THAT polling places and election officials shall be as is set forth in an appropriate election order to be executed here- after by the Mayor of the City of Lubbock. AND IT IS SO ORDERED. Passed by the City Council on first reading this llth day of February, 1988. Passed by the City Council on second reading this 25th day of February, 1988. /s/ B. C. McMinn B.C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Bolo Gass Bob Cass, Deputy City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 130 February 25, 1988 88-47A-130-115 (23.) Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker to pass on second and final reading Ordinance #9175 on recommendation of Staff stipulating removal of Proposition #5 and change of Proposition #10 to give Council the option to repeal the Ordinance establishing the Court of Record and give ability to return to the regular court. Motion was made by Councilman Nash to amend Councilman Carpenter's motion, to withhold all Charter Amendment Propositions from the May 7, 1988 Election. Motion died for lack of a second. Councilman Carpenter's motion carried: 6 Yeas; 0 Nays. Consider Resolution #2753 accepting sidewalk improvements constructed by Hub City Pavers Inc. on Community Development Project No. 597607. RESOLUTION #2753 RESOLUTION #2753 RESOLUTION ACCEPTING SIDEWALK IMPROVEMENTS ON STREETS AS LISTED BELOW: WHEREAS, the City ❑f Lubbock heretofore entered into Contract with Hub City Pavers, Inc. for the making of sidewalk improvements on portions of streets in said City including among others the following: 2500 and 2600 blocks of Colgate and Cornell Streets; 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 the terms ❑f said Contract, Project No. 597607; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the sidewalk improvements on said portions of Colgate and Cornell 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 $3,151.09. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. February 25, 1988 131 Passed by the City Council this 25th day of Februa , 1988. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ J. Worth Fuilingim J. Worth Fullingim, Assistant City Attorney Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #2753 as recommended by Staff. Motion carried: 6 Yeas; O Nays. 88-47A 131-116 (24.) Consider Resolution #2754 authorizing the Mayor to siaEn the Cover Sheet of the Plans prepared b exas Department owater. RESOLUTION #2754 RESOLUTION #2754 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. 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 the plans and specifications for U. S. 84 (Clovis Road) Highway improvements from Loop 289 to the East edge of Shallowater, Texas, only a portion of which improvements is located within the City limits of the City of Lubbock, Texas as prepared by the Texas State Department of Highways and Public Transportation. 132 February 25, 1988 SECTION 2. THAT execution by the authorized official of the City of Lubbock was requested by said Texas State Department of Highways and Public Transportation by letter to the City of Lubbock dated February 10, 1988. Passed by the City Council this 25th day of February, 1988. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Larry IV. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: s/ J Worth Ful l in, ism J. Worth Fullingim, Assistant City Attorney This State Highway Department project is 6.4 miles long, with plans for overlaying the main lanes, seal coating the service roads and making culvert safety modifications. Approximately one mile of this work will be inside the City Limits. The State expects to let this Contract in May, 1988. Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Councilman Phillips authorizing Resolution #2754 as recommended by Staff. Motion carried: 6 Yeas; O Nays. 88"47A-13 2-117 (25.) Consider Resolution #2755 authorizing the Ma or to sign the Cover Sheet oT the Plans prepares ny as Department of Highways and Public rtation on Loop 289 Bridge Rehabilitati RESOLUTION #2755 RESOLUTION #2755 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 February 25, 1988 133 Lubbock the cover sheet of the plans for Loop 289 at I-27 Bridge Rehabilitation as requested by the Texas Department of Highways and Public Transportation by letter dated February 1, 1988. Passed by the City Council this 25th day of February, 1988. /s B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Lar-ry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This State Highway Department project is the reconstruction of two main -lane bridges and the two frontage road bridges on North Loop 289 at the IH 27 crossing. The State expects to let this Contract in May, 1988. The Engineering Department Staff has reviewed these Plans and recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #2755 on recommendation of Staff. Motion carried: 6 Yeas; 0 Nays. 88-47A4 33-118 (26.) Consider Ordinance #9176 abandoning and closi portion of 62nd Street. ORDINANCE #9176 ORDINANCE #9176 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 62ND STREET TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARE: THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This street closure is located in the 5100 block of 62nd Street, east of Slide Road, gust west of the intersection of York Avenue and 62nd Street and is part of the approved Slide Road Development Plan. At the July 23, 1987 Council meeting, a portion of 62nd Street adjoining this new portion to the east was closed. Proponent of this closure is Hugo Reed for NYTEX, Inc. (Toys "R" Us) and the reason for closure is for commercial development. 134 February 25, 1988 The area of closure is 10,180.7 sq. ft. which will be rededicated as a Drainage and Underground Utility Easement; also, a new cul-de-sac will be dedicated to replace the closure. Not counting the cul-de-sac area to be dedicated, 7,635.20 sq. ft. of street area will be purchased from the City. From appraisal of abutting properties and from information gained by talking with property owners in this area, this property is valued at $2 per sq. ft.; thus the value the City will receive for the street closure is $2 x 7,635.20 sq. ft. _ $15,270.40. However, since the area to be closed will be dedicated by plat as a Drainage and Underground Utility Easement, the property is appraised at 40% of fee simple, or $15,270.40 x 40% = $6,108 (due the City). The $150 application fee has been paid and the preliminary plat has been submitted. Staff recommended approval. Motion was made by Councilman Nash, seconded by Councilman Patterson to pass on first reading Ordinance #9176 on recommendation of Staff. Motion carried: 6 Yeas; 0 Nays. 88-47A-134-119 (27.) Consider Resolution #2756 authorizing the Right- Of-Wav Department to make a formal ❑ffer to Ceci Fray ana wire, miiarea east 20' of Lot 2, Bloc Addition No. 2. RESOLUTION #2756 RESOLUTION #2756 e sia WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public uses and purposes, to -wit: for the widening of Indiana Avenue, and this City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for puiblic purposes and municipal purposes as set forth in the preamble hereof, to -wit: Lot One (1) and the East Twenty feet (E 20') of Lot Two (2), Block 15, Myrtle Slaton Addition Number 2, to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owners of said tract, including Cecil pray and his wife, Mildred Pray, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $51,199, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes February 25, 1988 135 herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 25th day of February, 1988. ATTEST: Is1 Ranette_Bo rid Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s1 Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Is1 Harold Willard Harold Willard, Assistant City Attorney 88-47A--135-120 (28.) Is1 B. C. McMinn B. C. McMINN, MAYOR This property, located at 3401 41st Street, is needed for future widening of Indiana Avenue. The funding will be from upcoming sale of bonds, and will be financed through unreservedlundesignated Street Department Capital Projects funds. Assistant City Manager Robert Massengale advised that since the house can be purchased at the tax office value of $51,199, the City should acquire it. The house is empty, contains 2,155 sq. ft., including garage, and is on a 80'xl30' lot. No relocation fees will be involved. Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker to authorize Resolution #2756 on recommendation of Staff. Motion carried: 6 Yeas; 0 Nays. 78 abandoni portion of 55th Street, east of Slide Koaa, ana a allev In the wes on. ORDINANCE #9178 ORDINANCE #9178 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A STREET AND AN ALLEY IN WESTERN MEADOWS ADDITION TO 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 MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 136 February 25, 1988 The portion of 55th Street to be closed is located just east of Slide Road, and the portion of a 20` east -west alley to be closed is also located just east of Slide Road between 55th and 56th Streets. Closure is for commercial building purposes and proponent is John Abney and others. A preliminary plat has been approved for this property and the area of the alley to be closed is 4,769.82 square feet, of which 2,060 sq. ft. will be dedicated by plat as Underground Utility Easements. A 2,790 sq. ft. alley will be dedicated along the east side of Lot E. The portion of the alley being closed trades out for the portion being dedicated. The area of the street to be closed is 10,027 square feet and will be dedicated back to the City as an Underground Utility, Drainage and Access Easement. Also, two new portions of a cul-de-sac area are to be dedicated along with 21,457 sq. ft. of Underground Utility Easements and Access Easements; therefore, the portion of the street area being closed, trades out for the street area and easements being dedicated. This is all a part of the Slide Road Development Plan. Staff recommended approval. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Baker pass on first reading Ordinance #9178 as recommended by Staff. Motion carried: 6 Yeas; O Nays. 88-47A•-136-121 (30.) Consider Resolution #2757 authoriz to sign an application for a Title related documents. RESOLUTION #2757 RESOLUTION #2757 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 Grant Applications and associate documents to the South Plains Association of Governments for funds available under Title III of the Older Americans Act of 1965, as amended to provide dentures February 25, 1988 137 and case management services for qualifying indigent older individuals, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of February, 1988. /s/ B. C. McMinn B. C. McMinn, Mayor ATTEST: /s/ Ranette_Boyd Ranette Boyd APPROVED AS TO CONTENT: /s/ Ritta Harmon Rita Harmon, Assistant City Manager for Public Safety and Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney An application has been prepared which requests $15,642 in Title III Grant funds for the elderly for a proposed Joint Program of the Health and Community Services Departments. Of the Grant funds sought, $5,000 would be used to supply dentures to approximately 100 elderly individuals who are unable to pay for these services, with an additional $1,000 set aside for needed repairs and/or realignment and with the work being done by dentists in the private sector. The balance of the Grant ($9,542) would provide funding for a half-time case worker, related operating expenses to identify persons eligible for the dental services and to provide case management services, which include meeting social, financial and health needs. These needs would be addressed through direct services and/or referrals by the Community Services Department. The program, if approved, would begin October 1, 1988. Motion was made by Councilman Patterson, seconded by Councilman Phillips, to authorize Resolution #2757 on recommendation of Staff. Motion carried: 5 Yeas; 0 Nays. 88-47A•-137-122 (31.) Consider Resolution #2758 authorizing the Mayor to sign an Energy Agreement with Texas Tech University to allow the construction of a Cogeneration Project and the sales of steam and electricity to Texas Tech. RESOLUTION #2758 138 February 25, 1988 RESOLUTION #2758 WHEREAS, it is the intention of the City Council of the City of Lubbock to enter into an Energy Agreement with Texas Tech University and Texas Tech University Health Sciences Center, both hereinafter called the "University", whereby the City of Lubbock will construct and operate an electrical and steam generation facility upon the campus of the University for generation of electricity and steam for sale to the University to the extent required by the University; and WHEREAS, the University shall Tease all necessary land on its campus required for the construction of said facility to the City of Lubbock; and WHEREAS, such Energy Agreement shall have attached as exhibits a Power Plant Construction Agreement, a Lease Agreement and a Utilities and Steam Purchase Agreement; and WHEREAS, time is of the essence in regard to said project; and WHEREAS, the City Council of the City of Lubbock understands that minor changes to said agreements may be required hereafter as a result of requirements of the Texas Attorney General on behalf of the University and recommendations of bond counsel on behalf of the City of Lubbock:; and WHEREAS, the City Council of the City of Lubbock desires to enter into said Energy Agreement with the University not withstanding such minor modifications as may be hereafter required in order to commence said project in a timely fashion; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Energy Agreement with Texas Tech University and Texas Tech University Health Sciences Center following approval of such agreement as to final form by legal counsel for the University and the City Attorney for the City of Lubbock. Following final approval by legal counsel and signature by all parties, such final agreement shall be substituted for the draft agreement attached hereto and said final agreement shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of February, 1988. Isl B. C. McMinn B. C. McMINN, MAYOR ATTEST: Isl Ranette Boyd Ranett:e Boyd, City Secretary APPROVED AS TO CONTENT: Isl Carroll McDonald Carroll McDonald, Director of Electric Utilities APPROVED AS TO FORM: Isl John C. Ross John C. Ross, Jr., City Attorney February 25, 1988 139 In response to proposals solicited from electric utility companies to construct a Cogeneration Project with Texas Tech, Lubbock Power and Light has offered to construct a 17 MW generating unit adjacent to the existing Tech Steam Plant south of Brownfield Highway and east of Indiana Avenue. This unit will create sufficient waste heat to produce up to 40,000 LBs per hour of steam. LP&L will receive 100% of all Tech loads now and for the next 20 years and in exchange for getting all Tech loads, LP&L will combine the existing Tech electric meters into some seven large meters. The cost of producing electricity at this unit will be less than the cost of buying additional firm power from others to meet Lubbock Power and Light's present and future loads. Over the next 20 years, Texas Tech is expected to save a total of $32,000,000 and LP&L is expected to save a net amount of almost $20,000,000. Staff recommended this project as being in the best interest of the City of Lubbock, Lubbock Power and Light, and Texas Tech University. Motion was made by Councilman Patterson, seconded by Councilman Phillips, authorizing Resolution #2758 on recommendation of Staff. Motion carried: 6 Yeas; 0 Nays. 88-47A-139-123 (32.) Consider Resolution #2759 for nomination to the Lubbock County Appraisal District Board. RESOLUTION #2759 RESOLUTION #2759 WHEREAS, there has been enacted in the State of Texas an Act relating to ad valorem taxation of property (S.B. 621) and this Act applies to and is controlling on the City of Lubbock, Texas, as a taxing unit; and WHEREAS, there is created under the provisions of this Act, a Board of Directors to govern the Appraisal District established by the Act, the City of Lubbock is desirous of nominating a candidate to replace Mr. Gene Ehler who has resigned. BE IT RESOLVED 8Y THE CITY COUNCIL OF THE CITY OF LUBBOCK: 'THAT the following person is nominated by the governing body of the City of Lubbock as a candidate for a position on the Board of Directors of the Appraisal District created for the County of Lubbock and that the name of this candidate be submitted to the Chief 140 February 25, 1988 Appraiser of the Appraisal ❑istrict by the Mayor to be considered by the Appraisal District Board to fill the vacancy created by the resignation of Mr. Gene Ehler. Aubrey Faulkner Passed by the City Council this 25th day of February, 1988. /s/ B. C. McMinn B. C. MCMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Robert Massengale Robert Massengale, Assistant City Manager for Financial Services APPROVED AS. TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Eugene Ehler, Board Member of the Lubbock Central Appraisal ❑istrict, has resigned due to his relocation to another state. According to State Law, the City had ten days to nominate someone to replace Mr. Ehler from the time of official notification to the City of Mr. Ehler's desire to be replaced. Each of the taxing entities may make a nomination for a replacement and the remaining four board members of the ❑istrict will then decide upon the replacement. Staff recommended that Aubrey Faulkner, previously Chairman of the Appraisal Review Board, be nominated by Council to replace Mr. Ehler. Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker to authorize Resolution #` on recommendation of Staff. Motion carried: 6 Yeas; 0 Nays. 88-47A•-140-124 (33.) Consider Joint Election Resolution #2760 with Lubbock County or Lubbock Independent School District. RESOLUTION #2760 JOINT ELECTION RESOLUTION #2760 WHEREAS, the City of Lubbock, Lubbock Independent School ❑istrict, and Lubbock County are all required to conduct elections on May 7, 1988; and February 25, 1988 141 WHEREAS, Sec. 271.002 of the Texas Election Code provides for joint elections when an election is required upon the same day by two or more political subdivisions occupying all or part of the same territory; and WHEREAS, it is deemed to be in the best interest of the citizens residing in the City of Lubbock, Lubbock Independent School District and Lubbock County to have a joint election on May 7, 1988, pursuant to said Sec. 271.002 of the Texas Election Code; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, THE BOARD OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT, AND THE COUNTY COMMISSIONERS OF LUBBOCK COUNTY ACTING JOINTLY: THAT" a joint election of the City of Lubbock, the Lubbock Independent School District and Lubbock County be held on May 7, 1988, under provisions of the Texas Election Code and other applicable law and in accordance with the following agreed terms: 1. That common precinct boundaries and voting places shall be designated by each governing body so far as is practical and expedient. 2. That a single set of election officers shall be agreed upon and designated by all governing bodies for the conduct of the election. Such officers shall include those qualified to serve for any individual subdivision. 3. That the election shall be administered by Ms. Ranette Boyd, City Secretary of the City of Lubbock, within the City limits of the City of Lubbock with Mr. Bob Wyett, Lubbock Independent School District, serving as assistant election officer and with Ms. Ann Davidson, serving as official liaison with Lubbock County. 4. That there will be joint absentee balloting conducted at the Office of the City Secretary for persons living within the City of Lubbock and Lubbock Independent School District, and that said City Secretary is hereby appointed as absentee voting clerk to oversee the joint absentee balloting. 5. That the preparation of election supplies, contacting of appropriate officials, publication and all other routine matters for those precincts with polling places within the City of Lubbock shall be the responsibility of the City Secretary of the City of Lubbock, with appropriate documentation being forwarded to Lubbock County upon completion of the election. The County Clerk shall have similar responsibility for conduct of the election in precincts not voting within the City of Lubbock and Lubbock Independent School District. 6. That each political subdivision shall be responsible for posting its own notices and maintaining records pertaining solely to its own election. Each political subdivision also shall be responsible for preparing that portion of the ballot pertaining to its own election and for conducting a "drawing for place on the ballot" for its own election at a location and time of its choice. 7. That the official canvassing of ballots and announcement of results shall be done individually by each governing body. 8. That voting in those voting precincts outside of the City of Lubbock and Lubbock Independent School District shall be conducted by, prepared and tabulated under the supervision of Lubbock County. 142 February 25, 1988 9. That in all precincts where there are voters residing outside the jurisdiction of one of the political subdivisions, but inside one or more of such other subdivisions, such voters shall be given only such ballots as contain only the names of those candidates for whom they are qualified to vote. Write in votes shall be cast on the stub of the punchcard ballot. 10. That each entity shall pay its proportionate share of the common costs attributable to the joint election activities necessary for all three entities in the conducting of a joint election. Resolved by the City Council this 25th day of February, 1988. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Resolved by the Board of Trustees of the Lubbock Independent School District this 25th day of February, 1988. ATTEST: Secretary /s/ Gary 0. Boren GARY 0. BOREN, PRESIDENT APPROVED AS TO FORM: /s/ Brian P._Quinn Brian P. Quinn, Attorney Resolved by the Lubbock County Commissioners this 25th day of February, 1988. ATTEST: /s/ Ann Davidson Ann Davidson, County Clerk /s/ Rodrick L. Shaw RODRICK L. SHAW, COUNTY JUDGE APPROVED AS TO FORM: s Travis Ware Travis Ware, District Attorney This Joint Resolution spells out various responsibilities of the three entities with a section added to cover the payment of expenses. This provision states that all expenses of the election common to the three entities will be shared equally, and each entity will pay its proportionate share of expenses not shared by all three entities. Staff recommended it to Council for passage. Motion was made by Councilman Nash, seconded by Councilman Patterson to authorize Resolution #2760 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. February 25, 1988 143 88-47A-143-125 (35.) BID #9633--Police cars automobiles various departments). Frontier Dodge--5 Intermediate automobiles. Fenner Tubbs Company--36 Marked police vehicles. Motion was made by Councilman Carpenter, seconded by Councilman Nash to accept low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. 88-47R-143-126 (36.) BID #9609--Toro irrigation parts (Parks and Recreation). O'Tool Plastic Pipe Co. --One-year price discount from Toro Manufacturer's Irrigation whole goods price list. Motion was made by Councilman Carpenter, seconded by Councilman Nash to accept low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. 88-47R-143-127 (37.) BID #9646--Yearly pricing on ng barricade lights, sawhorse barricades Utilities). Lubbock Grader Blad Company--300 Folding barricades; 500 flashing barricade lights; 50 type II sawhorse style barricades Motion was made by Councilman Carpenter, seconded by Councilman Nash to accept low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. 88-47A--143-128 (38.) BID #9574--Pre-cast concrete two -se Dalworth Quick Set Co., Arlington--8 concrete manholes; 16-12" stacking rings; 8-6" stacking rings. Motion was made by Councilman Carpenter, seconded by Councilman Nash to accept low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. 88-47A•-143-129 (39.) BID #9634--Repair of Hi -Ranger bucket (Parks Recreation). Commercial Body Corporation, San Antonio --Repair of Hi -Ranger bucket. Motion was made by Councilman Carpenter, seconded by Councilman Nash to accept low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. 88-47A•-143-130 (40.) BID #9229--Health Insurance, and authorize same_. 144 February 25, 1988 Alta Health Strategies, Inc., Albuquerque, New Mexico --Group Medical, Life & Dental Insurance (Minimum Premium Plan). RESOLUTION #2761 RESOLUTION #2761 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 ALTA Health Strategies, Inc. for Group Medical, Life and Dental Insurance, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of February, 1988. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST 1 sl RanettE=. Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /st Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s Harold Willard Harold Willard, Assistant City Attorney A change in health insurance carriers was recommended by Staff to minimize cost increases and provide better services to City employees. Employee health insurance through the Texas Municipal League has been underwritten by The Hartford Insurance Company for the past year. The City paid $3,749,309 in premiums to Hartford over a 12-month period, and Hartford's estimate is that when all claims are received and paid, the total claims will exceed $4,700,000. The City's estimate is $3,876,000. Hartford loses money with either estimate. In order to recoup their losses and cover projected claims for 1988, Hartford has projected premiums to be $5,286,526-$6,186,360, which represents an increase of 41% to 65%. City Staff advised that increases of this magnitude are unacceptable and bids were requested from other insurance carriers. Thirteen bids received from nine carriers were evaluated by the Insurance Committee and a consultant from the Wyatt Company. February 25, 1988 145 Two Minimum Premium Plans were selected because they provide increased control of funds and allow a reserve to be established for future self - funding of health insurance. These plans were from Hartford Insurance and Alta Health Care Strategies/Washington National. Staff recommended the proposal by Alta/Washington National which will provide administration of claims and provide insurance coverage beginning April 1, 1988. The Alta proposal was deemed superior for the following reasons: 1. A bid of $5,065,733--$365,493 be- low Hartford's final offer of $5,431,226 representing a 30.1% increase. 2. Superior record in providing health care management, cost containment, as well as better data products. 3. Superior pre -certification and claims counselling for employees. 4. Alta is the largest third party administrator in the nation and they are willing to assist the City in establishing a future self -funded health insurance plan The following plan changes were recommended in order to decrease costs by an additional $381,172, resulting in a final Alta bid of $4,684.561. These changes reduce the percent increase from 30.1% to 20.3%. 1. Increase the deductible from $150 to $200. 2. Reduce benefits for accidental injury (emergency care) from 100% coverage for the first $500 to regular coverage. Emergency treatment would be subject to the deductible and 80% coverage limit. 3. Coverage of conditions existing at the time of employment would be limited to $1,000 the first year with employees fully covered in ensuing years. Motion was made by Councilman Carpenter, seconded by Councilman Nash to authorize Resolution #2761. Motion carried: 6 Yeas; 0 Nays. 88-47A--145-131 (12.) ORDINANCE #9179--Zone Case #2437-A located on the northwest corner ❑f 82nd Street and Homest Avenue) --Hold a Public Hearing on request of S Andrew Greek Orthodox Church for zoning change trom A-1 to A-Z limited to a cnurcn ana cnurcn- related uses. on a tract out ❑f Section 29, Block 146 February 25, 1988 ORDINANCE #9179 ORDINANCE #9179 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7D84 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2437-A; A ZONING CHANGE FROM A-1 TO A-2 ZONING, LIMITED TO CHURCH USES, ON A TRACT OUT OF SECTION 29, BLOCK A-K, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. John Callas, appeared to speak in behalf of this request for zone change t❑ allow a church to be constructed on this site. Assistant City Manager Jim Bertram stated that the Planning and Zoning Commission heard this request with no public comment except for the proponent and he said that the adjacent land use relationships are -follow: North - School tract and a playa lake South - Undeveloped, C-2 and T zoned East - Undeveloped, C-2 zoned West - Undeveloped, A-1 zoned According to Mr. Bertram, the Comprehensive Plan Policy indicates a buffer district in this location, and it is already zoned A-1. Zoning Policy for churches fits this location, because of it is ❑n a thoroughfare and on the perimeter of neighborhoods. Commercial, apartment and school use will surround this location and the traffic generated by a church should have little detraction to the area. Staff recommended that the City Council uphold the Planning and Zoning Commission decision. No one appeared in opposition to the request. Mayor McMinn closed the Public Hearing. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass ❑n first reading Ordinance #9179 ❑n recommendation of P&Z and Staff. Motion carried: 6 Yeas; O Nays. 88-47A-145-132 (13.) ORDINANCE #9180--Zone Case #2305-F located on Amherst between Whisperwood Boulevard and Utica --hoia a PUD f1C Hear on on 22. B ORDINANCE #9180 ORDINANCE #9180 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2305-F; A ZONING CHANGE FROM R-2 TO R-1 ZONING ON A TRACT OUT OF SECTION 22, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ken Flagg appeared to speak in behalf of this request. February 25, 1988 147 Fabian Mata spoke in opposition to this and all zone change requests presently being made. According to Assistant City Manager Bertram, the Planning and Zoning Commission heard this request with no public comment except for the proponent. The adjacent land use relationships are}^^follows: lr• North - Loop 289 and single family South - Single family East - Undeveloped, zoned R-2 West - City park and single family This request will zone an area in Whisperwood to single family and the existing R-2 zoning is limited to townhomes, approved in November, 1984, under a request by Tara Land Company. Comprehensive Land Use Plan and Zoning Policy each indicate this as a routine request. The single family zone has the greatest number of restrictions and no traffic problems are created by this rezoning. Staff recommended that the City Council uphold the Planning and Zoning Commission decision. Mayor McMinn closed the Public Hearing. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips passing on first reading Ordinance # as recommended by P&Z and Staff. Motion carried: 6 Yeas; 0 Nays. 88-47A-147-1.33 (14.) ORDINANCE #9181-- a NubI1C Hear -B (located at for zonina chanae from A-2 to R-1 on Lot 2, Block ORDINANCE #9181 ORDINANCE #9181 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAILING THE FOLLOWING CHANGES: ZONE CASE NO. 2424-B; A ZONING CHANGE FROM A-2 TO R-1 ZONING ON LOT 2, BLOCK 48, CORONADO ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mr. Bertram stated that this request is a routine item for zoning from A-2 to R-1 (single family) and is from the Community Development Office of the City of Lubbock. Mr.Bertram gave the adjacent land use relationships are follows: North - Single family South - Single family East - Single family West - Vacant and a church L- 148 February 25, 1988 88-47A-14.8-134 (15.) 88-47A-148-135 (16.) rezoned A-2 for church purposes only one quarter (the northwest developed for church use. The was rezoned R-1 in April, 1987, residence was built west of the 26th Street and Redbud Avenue. , was far, has northeast quarter and a very nice corner at East Under both the Comprehensive Land Use Plan and Zoning Policy, this request is compatible. Community Development has this lot under contract to sell to a person interested in building a home. Re -zoning to single-family will complement the neighborhood as much as church development and there will remain vacant church site on the southwest corner. Staff recommended that the City Council uphold the Planning and Zoning Commission decision. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass on first reading Ordinance #9181 on recommendation of P&Z and Staff. Motion carried: 6 Yeas; 0 Nays. located at 6500 rive) --Hold a Public Hearing to consiaer a e ort of an "other business" Planning and ton ommission agenda item regarding the request o to d Jones for an M-2 Specific Use Permit on . Lewters Addition. Proponent asked that this item be held until the March 10, 1988 City Council Meeting. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to continue this item until the March 10, 1988 City Council Meeting. Motion carried: 6 Yeas; 0 Nays. ORDINANCE #9182 amending the Zoning Ordinance regardins outside sales activities by allowing truckload sales. ORDINANCE #9182 ORDINANCE #9182 .AN ORDINANCE AMENDING THE ZONING CHAPTER OF THE LUBBOCK CITY CODE, PERTAINING TO OUTSIDE SALE ACTIVITIES; DELETING A PORTION PERTAINING TO TRUCKLOAD SALES; PROVIDING FOR RENUMBERING REMAINING PORTIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Assistant City Manager Jim Bertram reported that this item came before the ZOning Board of Adjustment last year during its consideration of outside sales and the amendment being considered to allow "tents" for accommodation of those sales. This recommendation was in response to a growing number of requests by retail businessmen for tents in shopping center parking lots. February 25, 1988 149 88-47A--149-136 (17.) Previously, according to Mr. Bertram, tents, as well as any associated food giveaways/sales were relegated to a full ZBA Hearing and fee. Business owners recommended that these sales were no more of a burden to the neighborhood or environments than sidewalks sales, which had already been placed under the new Administrative Permit Process and reduced $125 permit fee. ZBA agreed with the business owners in cases of tents less than 30' x 60'. Discussion extended to several other areas at the ZBA meeting, including truckload sales and portable food sales. Recommendation of ZBA was to leave these unchanged at that time because the inability to define truckload sales versus truckload warehousing. In January, 1988 Mr. Donny Reynolds advised that retailers were requesting action on this item which would bring it to City Council. The Planning and Zoning Commission, at its last meeting decided and recommended to Council that portable food sales and truckload sales were like tent sales in parking lots and should be handled under the Administrative Permit. This recommendation was that the Ordinance be amended to include truckload sales and portable food sales in the list of things to be permitted under authority of the Administrative PErmits and subject to its conditions. Further, the recommendation was to allow banners to be installed flat against a tent, truck or building for outside sales purposes. Donny Reynolds appeared to speak in favor of this recommendation from P&Z. Staff recommended that City Council uphold the recommendation of the Planning and Zoning Commission. No one spoke in opposition to the request. Mayor McMinn closed the Public Hearing. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance # as recommended by City Staff and P&Z. Motion carried: 6 Yeas; 0 Nays. 183--Zone Case # northeast of 69th and Hearing on request of for zoning change to di H, and I of Ordinance_ plan of egress and fen+ Lots 1-A and 2-1-A, SA' 200' of Lot 1-A, Fiest+ ORDINANCE #9183 ORDINANCE #9183 exis i4VU-n t i vcazeU Road --Hold a Public Park Shopping Cente conditions A. B. G. on the south 475 0 EXCEPT the sou oland Addition. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1490-H; A ZONING CHANGE TO AMEND CONDITIONS A, B, G, H, AND I OF ORDINANCE 7233-A AND REPLACE WITH A PLAN OF EGRESS AND 150 February 25, 1988 FENCING ON THE SOUTH 475' OF LOTS 1-A AND 2-A, SAVE AND EXCEPT THE SOUTH 200' OF LOT 1-A, FIESTA AUTOLAND ADDITION; LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. O. V. Scott, attorney for proponents, presented this request for zone change. He gave a lengthy overview of the history of the zoning of this property. Mr. Scott stated that the economic survival of the center is dependent on this change and that proponents have met with property owners in opposition to the request in an attempt to reach a compromise. Proponents have, at the request of property owners, painted the fence, changed time of sweeping the parking area, and have redirected the lights in the parking area; however, according to Mr. Scott, there is still opposition to the requested changes. Assistant City Manager Jim Bertram reported that the Planning and Zoning Commission, through a long discussion with proponents, citizens and Staff members, heard a variety of opinions regarding the request to lower the wall and allow an exit curb cut adjacent to Alexis Park Shopping Center on Slide Road. As a result of the discussions, the P&Z Commission was asked to determine if conditions on both sides of the wail have changed which would merit Amendment of the original zoning conditions. Since the original zone case in 1967 that established the fence, at least four zone cases and three variances have declined any Amendment. Two requests have been approved which lowered the wall across from the commercial development north of 68th Street and provided for 69th Street on the south end. Those speaking in opposition to the zone change requests are: Don McInturf, W. J. Conover, Jerry Galey and Bill Cox. According to Mr. Bertram, the adjacent land use relationships are as follows: North - Commercial South - Commercial East - Commercial West - Residential During public discussion before P&Z, three issues were suggested for responses from the Staff: 1. When is a fence required by the Zoning Code? A fence is required on the side and rear lot lines when commercial is adjacent to residential. Any property line adjacent to a street is a front lot line. If previous zone case conditions did not exist on this parcel requiring a fence, no fence would be required along Slide Road at Alexis Park Center. 2. Could the P&Z Commission or Staff think of any commercial adjacent to residential without a fence? The response during the hearing February 25, 1988 151 included Caprock Center and Monterey Center (51st Street) and an office complex on 74th Street in the vicinity of Salem. Other examples exist throughout Lubbock. 3. Is there a time limit for fences required by zoning? A time limit does not exist for fences required by the Code nor have any of the zone cases ❑n this property ever indicated a time frame for the existence ❑f the fence. The proponent requested permission to lower the wall to 2'8", but discussion by the P&Z Commission resulted in a 3' height recommended to the City Council. Also included in the Site Plan is a curb cut described as an "egress ❑r exit curb cut." The 20' exit is proposed at a 45 degree angle to Slide, such that the driver exiting the lot can blend with the traffic on Slide. Traffic Engineering supplied the following information regarding the curb cut: 1. There is little benefit to having an "exit only" over using 59th Street for both ingress and egress. If an "exit only right turn ❑nly" drive is built, some drivers will attempt to enter from Slide or turn south which will be hazardous as well as confusing. 2. If the "exit only" drive could be effectively installed, aside from the wrong -way use, it would not pose a major impact on Slide Road traffic. 3. Traffic Engineering would not encourage the drive cut but finds no reason to vehemently ❑ppose it. Mr. Bertram said that several members of the Planning and Zoning Commission and the Planning Staff have real reservations about the feasibility of the "exit only" to work as designed, as abuse will cause a traffic hazard. The P&Z Commission instructed as a part of the motion "if the City Staff finds that the angle of the egress is not appropriate, the Staff will work with the applicant to meet City specifications." Thus, rather than not recommend the cut, the P&Z Commission passed the item t❑ the Council with additional information from the Staff. Mr. Bertram explained that opposition to this request does not equal 20%. A recent change in State law provides that a 6/7 vote is determined only on the basis of opposition by the owners of 20% of property square footage within the 200' notice area, right-of-way square footage 152 February 25, 1988 included. To date, 37,612 square feet of land ownership in a total of 534,000 square feet is it opposition, representing 7% of the area. The number of owners is no longer a factor in determining the 6/7 vote by Council for approval. The Planning and Zoning Commission recommended approval of this case, subject to the following conditions: I. That the development be in compli- ance with the Site Plan presented to the Planning and Zoning Commission with a change in the height of the fence from 2'8" to 31; 2. That if the City Staff finds that the angle of the egress is not appropriate, the Staff will work with the applicant to meet City specifications. Mayor McMinn closed the hearing. Mr. Bertram advised that Council would have to decide the relevancy of the commitment to property owners by previous Council at the time of the original zone case. Council engaged in a lengthy discussion with Councilman Carpenter expressing strong opposition to the requested changes until such time as the residential area across from the wall changes to commercial. Councilman Phillips related his opinion that Slide Road is more of a barrier than the wall. The Planning Department recommended that the City Council uphold the 3' wail height; however, be- cause of traffic volumes on Slide Road and potential turning movements at 68th and 69th, Staff did not recommend the one-way curb cut. Motion was made by Councilman Carpenter to deny the requested zone change and hold until residences are not longer there. The motion died for lack of second. Motion was made by Councilman Phillips, seconded by Councilman Nash to uphold P&Z with the specifications for the curb cut to be worked out by the proponents and the City Staff. Motion was made by Councilman Carpenter to amend Councilman Phillips" s motion, and to eliminate the curb cut until the residential property "goes commercial". Motion was seconded by Councilwoman Baker. Motion failed: 2 Yeas; 4 Nays --Mayor McMinn, Councilman Phillips, Councilman Nash, Councilman Patterson. Councilman Phillips' original motion carried: 5 Yeas; 1 Nay --Councilman Carpenter. This passed Ordinance #9183 on first reading. February 25, 1988 153 88-47A-153-137 (34.) Hold an Executive Session to discuss: Land acquisition --Water Utilities• pending and contemplated litigation involving encroachments on City ri hts-of-wa . 88-47A-153-138 (29.) Consider Ordinance abandoning and closing a portion of a 20' Water and Sewer Line Easement located in Lot 5 Bobalet Heights Addition. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips to hold this item until the March 10, 1988 City Council Meeting. Motion carried: 6 Yeas; 0 Nays. 88-47A--153-139 (18.) Hold a Public Hearing for the Emer enc Shelter Grant Program. Larry Gardner, representing the Community Development Advisory Committee Sub -committee which had reviewed applications for this money, introduced this item to Council and stated that the purpose of this Grant is to assist the homeless in Lubbock. According to Staff memo, 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. Upon receipt of this Grant, City Staff developed a process for the allocation of these funds. A Request for Proposals was published in the Lubbock Avalanche Journal which invited non- profit agencies to submit applications for the funds. In addition, a copy of the RFP was mailed directly to 16 area organizations which assist or come in contact with Lubbock's homeless. Completed applications were submitted by Guadalupe Economic Services Corporation and Women's Protective Services of Lubbock, Inc. Women's Protective Services proposes to renovate its facility which is used as an emergency shelter for battered persons and their dependents. The renovation will include installation of security devices, energy efficient items, and removal of unnecessary cabinets and sinks to allow additional space in the shelter facilities. Additionally, operating funds were requested for the payment of liability insurance and telephone service. Women's Protective Services' total request is for $25,400 and they will match this request with value of their facility and donated labor. Guadalupe Economic Services Corporation proposed to renovate one of the structures at their 2701 Clovis Road location and have also requested operating funds for the payment of insurance and utilities, and for furniture/repair expenses. Guadalupe Economic Services Corporation's total request is for $12,600 and they will match this request with the value of the lease of two of the units at their 2701 Clovis Road location and volunteer time. 154 February 25, 1988 These applications for funding were reviewed by a Sub -committee comprised of one member each from the Community Development Advisory Committee, the Community Services Advisory Committee, and the Human Relations Commission. Following review of the applications, the members of this Sub- committee also toured the requesting agencies' facilities. The Sub -committee recommended funding both of these agencies as requested; Women's Protective Services - $25,400; and Guadalupe Economic Services - $12,600. The total of these two requests is equal to the $38,000 Emergency Shelter Grant funds the City received. All of these funds must be obligated prior to April 11, 1988. The purpose of this hearing was to receive and consider any comments from the public on these two proposed Grants, or to receive other suggestions for Grants. Staff recommended that City Council uphold the recommendations of the subcommittee on these two proposed Grants. 88-47A- 154-140 (19.) Consider Resolution #2762 authorizing the Mayor to execute a Funding Agreement with Women's Protective Services, Inc. RESOLUTION #2762 RESOLUTION #2762 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 Emergency Shelter Funding Agreement by and between the City of Lubbock and Women's Protective Services of Lubbock, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute! and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of February, 1988. Is1 B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Sandy Ogletree Sandy 'Ogletree, Community Development Administrator APPROVED AS TO FORM: s James P. Brewster James P. Brewster, Civil Trial Attorney February 25, 19R8 155 As part of the Emergency Shelter Grant Program, which the City of Lubbock received from the Department of Housing and Urban Development, Women's Protective Services, Inc. will receive $25,400 of the total $38,000 Grant awarded to the City. The term of the proposed Agreement is from February 25, 1988 to March 30, 1989. This Agreement was considered and approved by Women's Protective Services' Board at their meeting in February. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker authorizing Resolution # a 7G ❑n recommendation of Staff. Motion carried: 6 Yeas; 0 Nays. 88-47fl1-155-141 (20.) Consider Resolution #2763 authorizing the Mayor to execute a Funding Agreement with Guadalupe Economic Services Corporation. RESOLUTION #2763 RESOLUTION #2763 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 Emergency Shelter Funding Agreement by and between the City of Lubbock and Guadalupe Economic Services Corporation, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of February, 1988. Isl B. C. McMinn B. C. McMINN, MAYOR ATTEST: s R mette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Sandy Ogletree Sandy Ogletree, Community Development Administrator APPROVED AS TO FORM: Is1 James P. Brewster James P. Brewster, Civil Trial Attorney As part of the Emergency Shelter Grant Program which the City of Lubbock received from the Department of Housing and Urban Development, Guadalupe Economic Services will receive $12,600 of the total $38,000 Grant awarded to the City. The term of this proposed Agreement is from February 25, 1988 to March 30, 1989. This Agreement was considered and approved by Guadalupe Economic Services Corporation's Board at their meeting in February. Staff recommended approval. 156 February 25, 1988 Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize Resolution #2763 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays. 88-47A-156-141 (21.) Hold a Public Hearing for the 1988-89 Community Development -Block Grant Program. Cathy Morton, Chairman of the CDAC, spoke regarding this Committee's work and recommendations. She stated that as part of the City of Lubbock's Community Development Block Grant Program, the City solicits citizen input when developing the Annual Statement of Objectives. The Community Development Advisory Committee held three public meetings during January, 1988 to receive citizen input at Mae Simmons Community Center, Rodgers Community Center and the Central Senior Citizens Center. At the completion of the neighborhood meetings, the CDAC met to consider the input received and to develop recommendation to the City Council. From the proposed projects and activity, the CDAC recommended funding the following projects: Concentrated Code Enforcement $ 239,833 Arnett Benson Redevelopment 138,800 Arnett Benson Sidewalks 60,940 On -Site Redevelopment 75,000 Residential Rehab 600,000 Emergency Repair 50,000 Weatherization 75,000 Paint -Up Program 20,000 Homestead Property Mgnt. 10,000 G.D. Administration 166,620 C.D. Field Services 247,800 Indirect Costs 100,000 Home Security for the Elderly 30,000 Burns Park playground Renov. 21,800 Butler Park Outreach Program 8,000 Irrigation System Upgrade - Stubbs 70,000 Park Lighting - Mackenzie 73,000 Planning Information 4,000 Parkway Neighborhood Center 113,000 Contingency Fund 94,207 TOTAL $2,198,000 Other speaking at the hearing were: Lynda Jenkins, Chairman of the Neighborhood Redevelopment Commission, indicating fully support of the NRC for housing assistance recommendations --especially the Urban Homesteading Program @$10,000 and the program for On -Site Redevelopment on a Scattered Site Basis at @75,000. Craig Brummett, representing the Guadalupe - Parkway Neighborhood Center Board, speaking in favor of their request for funding and promising the Board will make every effort to obtain the matching funds specified by the CDAC. February 25, 1988 157 Councilman Patterson requested Rev. Kado Lang speak regarding the need for paving at his church. Rev. Lang spoke of problems of accessibility to his church's building during rainy weather. The City Staff recommendation differed from the CDAC recommendation on a few projects, as follows: a. Residential Rehab funding at $635,000. b. Recommended funding $11,900 for Wagner Park Restroom Renovation because it was ranked number one in priority by the Parks Department. C. Did not recommend funding for the Parkway Neighborhood Center expansion request. The Guadalupe - Parkway Neighborhood Center proposal for the construction of a multi -purpose building at the Parkway Center did not include any commitment of funding from sources other than Community Development Block Grant Funds. Also, it was phase I of a million dollar expansion program and a plan for future phases was not presented in the proposal. In addition, Staff also recommended the Parkway Neighborhood Center expansion, which would require that a cash match be made by this group to match the CD Grant. The concerns Staff expressed are that the Community Development funds are continuing to diminish and more agencies are making financial requests. The total program for the Staff recommendation is also $2,198,000. The City of Lubbock's 1988-89 entitlement is proposed at $2,198,000 and this represents approximately a 3% reduction from the 1987-88 funding level. 88-47A -157-142 (22.) Consider Resolution #2764 authorizing the Mayor to execute and submit the Community Development Block GrantApplication and all related documents. RESOLUTION #2764 RESOLUTION #2764 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 Community Development Block Grant Application of 1988-89 158 February 25, 1988 for the year 1988 and related documents, which Application shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of February, 1988. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree_ Sandy Ogletree, Community Development Administrator APPROVED AS TO FORM: /s James P. Brewster James P. Brewster, Civil Trial Attorney The City of Lubbock's Community Development Program is administered in accordance with Federal regulations adopted in October, 1983. The Statement of Objectives was prepared as stipulated in those regulations. The preliminary Statement of Objectives was published in the Avalanche Journal on February 15 and the Statement ❑f Objectives has been on file with the City Secretary for review by interested parties. Following the submission of the Statement of Objectives, the Community Development Staff will begin preparation of the Environmental Assessment and other planning activities so that the Community Development fiscal year will be able t❑ start up on June 1, 1988. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Nash authorizing Resolution # and specifying acceptance of CDAC recommendations with the 75%/25% match recommended by the CDAC for the Parkway Neighborhood Center, and also specifying Staff recommended funding for Wagner Park Restroom renovation by reducing CD Contingency Fund by $11,900 t❑ pay for the renovations. 88-47A- 158-143 (41.) Consider one appoin Council for LubboCK and Garza [:ounties [Representative of the local Texas Department of Motion was made by Mayor Pr❑ Tem Baker, seconded by Councilman Patterson to appoint Wanda Stewart to the newly created position ❑n the Private Industry Council for a representative ❑f the local Texas Department of Human Services Region. (Term to expire June 30, 1989). February 25, 1988 159 88-47A- 15E= 144 (42.} Consider one appointment to the Lubbock Board of City Development. The term of Marjorie Kastman expired December 13 1987. Notion was made by Councilman Carpenter, seconded by Councilman Patterson to hold the appointment to the Lubbock Board of City Development until a meeting when Councilwoman Trejo is present. Motion carried: 5 Yeas; 0 Nays. There being no further business to come before the Council, motion was made by Councilman Nash, seconded by Councilman Phillips to adjourn the meeting at 6:12 p.m. Motion carried: 5 Yeas; 0 !Nays. B. C. McMINN, MAYOR to Boyd, City Secretary READ AND APPROVED THIS - DAY OF MARCH, 1988 - B. C. McMINN, MAYOR A TT r C T . 160 THE STATE OF TEXAS R_ 122 COt'NTY OF LUBBOCK Belore me Frances Hernandez a Notary Public in and for Lubbock Count personally appeared Tw_; I of the So pers Corporation. publishers of the Lubbock Avalanche -Journal — Morning. Ev'enin being by me duly sworn did depose and say that said newspaper has been published co than fifty-two weeks prior to the first insertion of this — No. 825865 at Lubbock County, Texas and ed copy of the L g a i Notice is a true copv of the original and was pri Avalanche -.Journal on the following dates _ February 10t 1988 292 words [a .44 = $128.48 Account Man er LUBBOCK AVALANCHE-<JOLIRNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 10 t hday of FORM 58-10 THE STATE OF TEXAS COUNTY OF LUBBOCK 1988 NOTIC! Dfe PS7BL,IC.MEARlttD , 1g "tC9 IS IfEREB! GdgEN 1hM tlla City cwkd *M tidlb k hearing on TliuradaY.-F Mail T:C6 P.m,. Irt the CRy bombers, 1425.131h Street, Lubbock. Tetras, fe oan%klar roc• . ommondalions by the Plamling-W Zoning Crmmitska Thal toning be changed an tenpin propel lies In Lubbock. Texas. All iMerellad Par• son% may %Peak, then the CIVY Council wRI aci on such rem. No An• defiens. The igllgwft Mine Cases Will be hwd: ZONE CASE NO. 2365•F: Reque:f of Tara Land Company for taring Change Iran R-2 to R-1 on a tract put of Section 22. Bloch A Ian Am• ftar%t between Wh600rwedd Soule - yard and UIIca Avenue). "ME CASE alp. 24V-A: Request of St. Andrew Greek Orthodox Church for toning Change from A-1 to A•2 limited to a Church and church -related uses. to a trail Put of Wien 29. Block A-K (northwest turner of 112nd Streel and HPme- sfead Avenue). ZONE CASE NO. Me•B: Request of CITY Of Lubbock tanmunItY Do- ve"rnenl Department for toning change from A-2 to R-I on Lot 2. Block 46. Co. a' Additiwl (2608 I Redbudi. >?ONE CASs NO. 1p0•N: RealtesT of Alerts Park Shopping Cer11M for toning thingis to deliTe wndlTlons A. B. G, H. and I of Ordlrtance M33- A and replace with a Plan of a9rya and fenCioe on the south 475' of Lets I -A and 2•A. SAVE AND EX- CEPT Ills South 200' of Log 1-A. Fi. esle. A"and Addition [northeast of Oth ilreet and Stide Road]. --- - &VMS CAS9 am 2M. Request of P' � i•t;� Eloyd Janes for toning Change fi�,.�j•"-•�.'r F}� t,i,ti.�r•c _'_.�r�l f�from M-2 to wi Specific Use (Nl- Lf raga yard Ian LOP 1, Lawler 'a Addl. -I=- + lion (located at 490 Southeast Drive). Consider An+gnemeer to me mrnng Cade relaled to Dulmerl%Ide+raR dales. aannars. and Promot Oaal fDW boelhe under an edminialra- Ilve permit. R-122 Before me IrriMnCeat HAIrnliftid8l a Notary Public in and for Li personally appearelwA 1_rAu""' , ll - !lCQlAmit_ 21amaxgr pers Corporation. publishers of the Lubbock Avalanche -Journal — Mor being by me duly sworn did depose and say that said newspaper has been than fifty-two weeks prior to the first insertion of this Lmilai NOW 41 at Lubbock Cour ed copy of the €-la 3h A ll 4,41 t r is is a true copy of the origina Avalanche -.Journal on the foy�llowin dates: reba 2% rrC4 56 l 1 : Vof ds 49 * 84 . ]V"9..66 Nccaant Mans ar LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me thisl4th day of FORM 58-10 NOTICES FOR A&I ATION ORDINANCE NO.9149 AN ORDINANCE AMENDING ROINANCE NO. 90" OF THE ITY OF LUBBOCK. TEXAS. WHICH ANNEXED PROPERTY ADJACENT TO. THE CITY OF LUBBOCK, BY CORRECTINIi CLERICAL ERRORS WITHIN THE METES AND BOUNDS OE- in th1S day SC ItIPT.ION. CQNTAINED WITH- IN SAID ORDINANCE TO COR- P RECTLY REFLECT HE INTENT . tile•ywho OF THE CITY COUNCIL AND THE CITY MAP ATTACHED TO For more ORDINANCE NO. M9; PROVID- ING FOR A SAVINGS CLAUSE: PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR hed print - PUBLICATION. ORDINANCE NO.9170 a Lubbock AN OR151,NANCE APPENDING ARTICLE VI OF ARCHAPTER 1e OF THE CODE OF ORDINANCES Of THE CITY OP LUBBOCK, TEX- AS, BY AM LADING THE LAN- mjAGF O . s CTION 14.120 PER. BOND5, LETTERS OF qT ND INSURANCE FOR LING AHD OPERATION OF AND GAS WELLS: BY 4 OI NG T HE LANGUAGE OF REQUIRED TO SECURE PER- MIY'POR OIL AND GAS WELL OPERATION WHEN LESS THAN too PERCENT *RiTTEN CON-/ SENT OF REAL, PROPERTY OWNERSUSECUREDt PROVID-J IHG A PENALTY: PROVIDING A _....ems w non_ V I P1 ND FVK rUVL.P%­r,c,n. ORDINANCE N0.9172 AN ORDINANCE ABANDON- { Fr-, 1NG AND CLOSING A PORTION OF 70TH STREET LOCATED IN N. SECTION S. BLOCK 3. IN THE My r CITY OF LUBBOCK, LUBBOCK _ COUNTY, TE%AS# AND MORE �e PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDI-' NANCE.. DIRECTING THE CITY ENGINEER TO MARK THE OF- i