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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/23/1988405 REGULAR CITY COUNCIL MEETING JUNE 23, 1988 9:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 23rd day of June, 1988 in the City Council Chambers, first floor, City Hail, 1625 13th Street, Lubbock, Texas at 9:00 a.m. Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman T. J. Patterson, Councilman George Carpenter, Councilman Gary Phillips, Councilwoman Maggie Trejo, Councilman Bill Maloy, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 9:00 a.m. ( 1.) The Invocation was given by Rita Harmon, Assistant 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 June 9, 1988 City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. Citizen Appearances ( 4.) Board Appointments 88-47A-405-400 { 5.) A representative of the Preston Smith Elem School PTA will appear to request a "reduc speed zone with flashing lights" on Chica Avenue at 88th Street. Representatives of Preston Smith Elementary School PTA presented a request to the Citizen Traffic Commission on May 3, 1988. The request was for installation of a reduced speed zone and flashing lights on Chicago Avenue, adjacent to their school. On June 7, 1988, the CTC again considered the request and after considerable discussion, a motion was made to deny the request. The motion failed 3-5, and after more discussion, a motion was made to approve the request and it carried, 5-3. Staff memo to Council advised regarding the following concerns and considerations: 1. This location does not meet the requirements of the City's awn policy an school crossing controls which was approved by the Lubbock Independent School District, the Citizens Traffic Commission and the City Council. 406 June 23, 1988 2. This location does not have any extenuating circumstances that would justify not complying with the policy. 3. The adult crossing guard at the location has stated that he does not have any trouble crossing the students. 4. The Police Department and L.I.S.D. have both stated that this is one of the safest crossings in the City. 5. Speed studies taken in the area show that the speeds are no higher here than at similar locations throughout the City. The speed limit is 30 mph. 6. The crossing was intentionally placed at 88th Street after discussions with the Principal in order to stay away from the curve in Chicago Avenue two blocks to the south. 7. A recommended speed of 25 mph is posted on the curve. 8. School zone signs are posted on Chicago Avenue both north and south of the school property advising motorists that this is a school area. 9. The fact that students are crossing at other locations along Chicago Avenue without the assistance of the adult guard shows that there are sufficient gaps in traffic to cross safely, however, this should be discouraged by both the school and parents. 10. The amount of traffic using Chicago will probably decrease later this year when Frankford Avenue is paved through the area. 11. If the City fails to follow its own policy without sufficient justification, then it violates one of the principles of traffic control: "uniformity". Non - uniformity confuses motorists and pedestrians; and we place an unnecessary liability on the City. In addition, it will be difficult to deny requests in the future which are not justified. Kay Hatton, representing Preston Smith Elementary School PTA, was present at City Council meeting. She stated that Chicago Avenue is the only through street in this residential area with no stop signs to control north/south traffic. She pointed out a "blind curve" on Chicago Avenue at June 23, 1988 407 90th Street and said that northbound traffic approaching this intersection cannot see the intersection at 89th and Chicago Avenue. The 30 mph speed limit is not observed by many motorists, especially during the 8:00 a.m. rush hour. According to Ms. Hatton, a large percentage of the students walk to and from school, especially during the warmer months. Ms. Hatton also pointed out a crosswalk protected by a crossing guard, but said that, in their opinion further protection is needed. She asked Council to endorse the recommendation of the Citizens Traffic Commission. Councilman Carpenter stated that he favored granting permission for the flashing signal and speed zone, but would also request that volunteer help from the PTA, and from personnel at the school be used for staffing the crossing guard locations when regular guards must be absent from duty. He requested that an item regarding school crossing guards be placed on a future agenda for discussion. Mayor McMinn asked why requestors indicated that a flashing light and speed zone will cause drivers to comply with the law more than the signs which already are in place. Ms. Hatton said that the placement of the present signs is a problem, and the PTA feels the additional precautions will further decrease the speed of the traffic, especially the northbound traffic approaching the school. Mayor McMinn pointed out that there are certain criteria which have been approved by the School District, the Traffic Commission and the City Council and that this request does not meet those criteria. Ms. Hatton replied that those criteria are merely policy and are not law, and that, in her opinion, this situation merits consideration outside the policy. Mayor McMinn asked if Ms. Hatton thought the situation has the traffic count and excess speed which warrant the changes, and Ms. Hatton replied that she did think so. Councilman Carpenter asked how much the traffic count missed the criteria, and David Woosley, Traffic Engineer, stated that the traffic on Chicago is about the same as any of the other Lubbock collector streets. Mayor Pro Tem Baker pointed out that Council should consider what the reduction in traffic count will be after Frankford is paved. Mr. Woosley stated that, according to the City Engineering Department, this paving will be completed before school begins this Fall. Ms. Hatton replied that the PTA had just become aware of this in last couple of weeks, but that they still contend that much of the traffic flow pattern will not change. Councilman Maloy asked the cost of installation of these flashing signals, and Mr. Woosley stated that this request which is not in compliance with the present policy is for the zone to be several 408 June 23, 1988 blocks long, and the cost will be about $10,000 - $15,000 because of the length of conduit and wiring required for the 2-3 blocks in each direction. He stated that the cost for installation according t❑ policy is $2,500, ❑r less. Councilman Carpenter stated that flashing lights and zones call attention t❑ the fact that school is in session and that he favors installation of the lights and zone, but might not favor making the zone so long. His request was that recommendations be brought back to Council regarding the sire and cost of the zone with the idea in mind of accomplishing the same thing. Durwood Mahon, Chairman of the Citizens Traffic Commission, stated that the cost of the lighting was not the consideration of the committee. He stated that his experience has shown that stopping and/or slowing down motorists does not always accomplish what is needed to be accomplished, and that often people get a false sense of security and turn their children over to the protection supposedly afforded by a system of lights. Mr. Mahon stated his ❑pinion that the nearest thing to providing a protected situation would be t❑ turn the children ❑ver to an individual who is a proven person to handle children crossing. Mr. Mahon stated he and four other CTC members had visited the site looking for exceptions to merit going against the Policy and that he did not find these exceptions. He went ❑n t❑ say that if Council decides to go against policy, then the Citizens Traffic Commission must have from Council another set ❑f criteria ❑n which t❑ base future recommendations. He stated that 2 other members of the CTC members who visited the site with him also voted against the recommendations. Councilman Patterson asked if there was a possibility for changing criteria and showing flexibility to meet the needs ❑f the growth ❑f Lubbock. Mr. Mahon stated that the facts, not only in the Lubbock area but nationwide, prove that the criteria is right. Mayor Pr❑ Tem Baker suggested that in light ❑f the fact that Frankford will be paved before the beginning ❑f school, and the traffic flow may change as a result ❑f the paving, that Council hold this item until after the beginning of School so the Traffic Commission and Traffic Engineering Department will have ❑pportunity to assess the situation, and bring back recommendations to Council. Mr. Maloy requested input from the PTA representatives regarding this suggestion, and Mr. Steve Johnson stated that they oppose Council tabling this issue because of the urgency of the needs. He stated that the only sign is a small ❑ne with the picture ❑f some kids walking, and it does not contain any type of written warning. Mayor McMinn and Mayor Pr❑ Tem Baker suggested that police monitoring ❑f traffic around this school be increased and that a reduced speed zone be implemented. June 23, 1988 409 Councilman Phillips said that the concern of the requestors is regarding whatever cars travel this area and the speed they travel, even if part of the traffic moves to Frankford after it's paved. He went on to say that the flashing light draws the attention of the drivers. He also recommended more stringent enforce-ment of speed limits in school zones and said he favored granting the requests of the PTA. Motion was made by Councilman Phillips to approve installation of the flashing light as requested. Motion was seconded by Councilman Patterson. Mayor McMinn called for discussion and Mayor Pro Tem Baker asked how many schools on collector streets have flashing lights. Mr. Woosley answered that most of the schools inside the Loop have flashing lights but that these were installed before the City had a policy regarding placement of lights and guards. He said that the policy approved by the School District, Citizens Traffic Commission and City Council last year was developed in order to assure equal protection to all schools in the City. Before the policy was accepted, there was no consistency, and this created a liability problem for all involved. Councilman Maloy pointed out that all the new schools outside the Loop are overflowing and that there is a high volume of traffic through these areas. It was his suggestion that the enrollment of the school should be added to the criteria. Mr. Woosley explained that basically the criteria used is to determine the gaps in the traffic -- whether or not there are sufficient gaps in the traffic for the students to cross, and how many gaps there are. Mr. Maloy indicated that most of the students at Preston Smith Elementary School live in the area and walk to school and Mr. Woosley replied that the morning the CTC met at the school, there were probably less than 50 students who crossed the school while the guard was there. Councilman Carpenter stated his opinion that if there were greater protection, more students might cross. Mr. Woosley said that different types of protection are provided for different situations, depending ❑n the amount of gaps in the traffic and that the purpose of all the types of protection is to create gaps in the traffic. The flashing lights can create some gaps, but the adult guard can create any length of gap because they can stop the traffic for as long as necessary. Mr. Woosley stated that the highest form of protection that can be given for the students at Preston Smith is given, and that is the adult crossing guard. Councilman Carpenter asked if the extended length of the requested area had been studied by the CTC and requested staff comment on this. 410 June 23, 1988 Ms. Hatton stated that originally the placement of the flashing lights had been left up to the Citizens Traffic Commission and that they are willing to compromise on the placement of the signals, but would ask that the curve be taken in so drivers approaching it would have warning. Councilman Phillips' motion carried 7 Yeas and 0 Nays, with the understanding that City Staff work out the placement of the flashing signals. Mayor McMinn stated that Council had made an exception to the policy. It was consensus ❑f Council to instruct staff to look at all schools in similar situation which need flashing lights. It was further consensus that the speeding issue be addressed. 88-47A-410-401 ( 6.) A representative of the Lubbock Cultural Affairs Council will appear to present recommendation fo awarding of Art Grants for the first _grant perio of 1988. Bill Armstrong, Chairman of the Lubbock Cultural Affairs Council, presented this recommendation, stating that ❑n January 14, 1988, the City Council approved an Agreement whereby the City would pay t❑ the Cultural Affairs Council the sum of $81,521 for the encouragement, promotion, and improvement of all forms ❑f art in the community. This is the tenth year the Council has approved this Art Grant Agreement. The $81,521 is the amount collected from 1/2 cent of the hotel -motel tax during the fiscal year that ended September 30, 1987. The Agreement provides that a Review Committee of the Cultural Affairs Council receive and evaluate applications for grants and make recommendations to the City Council for the awarding ❑f these grants. The City Council was asked to approve $49,000 in grant awards for the first grant period of 1988 for the following grant applications: 1. TTU Department ❑f Theatre Arts Project: American College Theatre Festival - Region VI Amount requested: $4,000 Amount recommended: $4,000 2. TTU Department of Theatre Arts Project: Company 5: Theatre in the Classroom Amount requested: $6,800 Amount recommended $6,800 3. Lubbock Symphony Orchestra, Inc. Project: LISD High School Concerts Amount requested: $10,000 Amount recommended: $10,000 4. Lubbock Symphony Orchestra, Inc. Project: Sinfonietta Concerts Amount requested: $7,500 Amount recommended: $7,500 June 23, 1988 411 5. UC Cultural Events Project: Academy of Ancient Music Amount requested: $3,000 Amount recommended: $3,000 5. UC Programs Project: The Moving Wall - Vietnam War Memorial Amount requested: $2,500 Amount recommended: $2,500 7. UC Programs Project: Ballet Hispanico of New York Amount requested: $4,500 Amount recommended: $4,500 8. University Civic Chorale Project: Messiah Concert Amount requested: $3,200 Amount recommended: $3,200 9. TTU College of Architecture Project: Lecture and Exhibition Series Amount requested: $8,000 Amount recommended: $2,500 10. Ballet Lubbock Project: The Nutcracker Ballet Amount requested: $5,000 Amount recommended: $5,000 Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to approve recommendation y of the Lubbock Cultural Affairs Council for awarding Arts Grants for the first grant period of 1988 for applications above. Motion carried: 7 Yeas; 0 Nays. 412 June 23, 1988 THE STATE OF TEXAS R-335 COUNTY OF' LUBBOCK Before me Frances Hernandez a Notary Public in and for Lubbock County, Texas on this day personally appeared T.J. AufiI I,I Aeedunt Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -,Journal — Morning. Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Legal Notice No. e at Lubbock County, Texas and the attached print- ed copy hhof the Legal o ice is a true copy of the original and was printed in the Lubbock Avalan1 13loWerds C. fol wing c ite� SP June $, 1988 ccount Ma aier LUBBOCK AVALANCHE -.JOURNAL Southwestern ;Newspapers Corporation Subscribed and sworn to before me this $th day of J une FORM 58.10 e pr s� 88-47A­412-402 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVER the, ,he City Council will fold a public hearing on Thursday, June 23, 1"a. at 9:30 a.m., in the City Council Chambers, 160 - 13th Street. Lub• bock. Texas, to consider recom- mendations by ,he Plannine and Zoning e changedoncertaintproperHng bees in Lubbock, Texas. All Interested per. sons may speak, then the City CaunclI wlIt act en such recommen- dations. The following zone cases win be heard: ZONE CASE NO. 2615: Request of Michael Henthorn ffor St. Luke's ing chance from ;Z United effrom Church] for zon. f R-I to A-$ (IImtted +•s Io parch and church related uses) on Lot 9, Murryhill Addition and Lots 17 through 16, Block 23, SunnvhflI Addition (Louisville Aye. L nue to Memphis Avenue and "Ih Street to 451h Street, 3M throvgh +:! 3710- 44th Stredl). R-335 ( 9.) Zone Case #2615 (located at Louisville Avenue to Memphis Avenue and 44th Street to 45th Street 3702 through 3710 44th Street) --Hold a Public Hearing on request of Michael Henthorn (for St. Luke's United Methodist Church) for zoning change from R-1 to A-2 (limited to church and church related uses) on Lot 9, Murryhill Addition and Lots 12 through 16, Block 23, Sunnyhill Addition]. Michael Henthorn appeared to speak on behalf of the St. Luke's United Methodist Church request for zoning change. Mr. Henthorn asked that their original request be amended to conform to the recommendations of the Planning and Zoning Commission to allow zone change on Lot 9. This currently is a church parking lot and plant, but is zoned "residential". The zone change would allow future modifications or building on this lot without Council approval each time. Further amendment to the proposal was to drop the request to change zoning on residential property they own located on Lots 12-16, Block 23, Sunnyhill Addition, which is north of 44th Street. According to Mr. Henthorn, this portion of the requested zone change was turned down "without June 23, 1988 prejudice" by P&Z, and Mr. Henthorn asked that Council allow withdrawal "without prejudice" which would allow proponents to return during an unspecified period of time and request the zone change. He stated that plans for this land are for the distant future, and their present needs are for a parking lot. Councilman Maloy asked if Lot 9 covers the entire block from Memphis to Louisville, and 44th to 45th, and Mr. Henthorn stated that it does. Mr. Henthorn stated his understanding that residential lots can be used for church use, but that a stipulation was added some time ago that Council and ZBA approval must be obtained in order to get building permits for these uses. He said this process costs $375 each time a request is made to alter the church plant, and it seemed redundant to proponents to be required to come before Council for authorization of building permits. Mrs. Cecille Redus spoke against the request and requested clarification as to the meaning of PR Commission recommendation "without prejudice". She stated that their neighborhood had been in turmoil for 12 years by the church's plans, and that this is the 5th time property owners around the church have had t❑ defend their deed restrictions. Mayor McMinn asked if the property owners had sought legal advice regarding the deed restrictions problem, and Mrs. Redus replied that they have legal counsel, but have not been to court as they hoped t❑ be able to settle the matter. Mayor McMinn stated his understanding that proponents were requesting that Council act only on the amended request, but that Mrs. Redus was asking that the entire request be acted on. Mrs. Redus said that if Council action would prevent the proponents from coming back with the request at another time, then the request from the opposition is that Council turn down the original request, or decide that it is not a proper request, as amended. Mayor McMinn asked if those in opposition object to the use of Lot 9 as a parking lot, and Mrs. Redus said they have not addressed that issue. Paul Mills spoke regarding deterioration of neigh-borhoods by permitted encroachments into residential areas. Councilman Patterson asked if the residents ❑f the area and representatives of the church have discussed their differences and the reply was that some of the resi-dents had been visited individually by representatives of the church, but that there had been n❑ formal meeting of all involved. Mr. Henthorn stated that proponents have attempted to talk with various residents in the past, and now wish to visit collectively with them to work out the situation. 414 June 23, 1988 Mayor McMinn closed the hearing, and asked for Staff comment. Assistant City Manager Jim Bertram stated that this case was filed as one case, and even though proponents requested to withdraw their request for the portion north of 44th, 20% opposition to the case (in terms of the land area of the residents around it) remains, and therefore, 6 affirmative votes would be required for approval of any part of the request. Mr. Bertram went on to advise that voluntary withdrawal "without prejudice" of a portion of the request would not guarantee proponents the right to again bring the request for consideration within ❑ne year because both requests were filed as ❑ne case. Mr. Bertram stated that according to the City Attorney, if any portion of the case is denied, proponents will have to wait beyond the ❑ne year period to refile. He said that regarding existing churches which have requests, the practice is for them to request removal of the legal non -conforming status, which alleviates the requirement to pay the ZBA filing fee in order t❑ have a hearing on minor modifications. Mr. Bertram repeated that if Council upheld P&Z Commission decision to deny the request for zone change ❑n the property across from the church, this would require postponement of filing of any part ❑f this case for more than one year. Staff recom-mendation was to uphold the Planning Commission ❑n the request regarding Lot 9, and t❑ consider the request for the portion north ❑f 44th street to have been withdrawn. Mr. Bertram reported that the P&2 Commission approved this request for A-2 limited to church and accessory uses on Lot 9, Murryhill Addition (the existing structures south ❑f 44th Street) and denied the zone change request ❑n Lots 12-16, Block 23, Sunnyhill Addition (the expanded parking and new activity center proposed north of 44th Street). During a long and well attended hearing, the P&Z Commission forwarded a recommendation for approval of less than the complete request by the church. The zone case was submitted on the existing main facility ❑f the church and a proposed expansion area north ❑f 44th Street comprised of a parking lot (79 spaces) and an activity building (with 24 parking spaces). Neigh-borhood opposition, particularly to the expansion, exceeded 20% ❑n a square footage basis and Mr. Bertram advised that a 6/7 vote is required of the City Council. The denial of the expansion (north of 44th Street) by the P&Z Commission als❑ would require a 6/7 vote. Mr. Bertram said the church had previously made two requests before the Zoning Board of Adjustment for the parking in the form of expanding a non -conforming use. In May, 1976, a parking lot was approved ❑n Lots 13, 14, and 15 with three conditions which expired after 180 days if there was no construction: June 23, 1988 4 5 1. A 7' fence ❑n the alley. 2. Landscaping according t❑ the approval. 3. Parking isles t❑ be broken with landscape barriers. In December, 1985, ZBA denied the same basic request and opposition to the case was substantially the same as the P&Z Commission heard in this zone change request. The neighborhood placed much weight on the deed restrictions for Sunnyhill Addition and P&Z reminded the residents that City government is not a party to deed restrictions and cannot enforce them. (Apparently the restrictions were amended by the church to allow their proposed use, then the neighborhood extended the original restrictions.) Mr. Bertram gave the adjacent land use relationships as follow: North - Single family South - Single family East - School and single family West - Single family According to Mr. Bertram, the request was a minor deviation from Comprehensive Land Use Plan policy. Expansion of a church surrounded by single-family residences certainly creates a dilemma for maintaining the residential environ- ment and providing for growth needs of the churches. Representatives of the church maintained that denial of this case would represent denial of their right and ability to grow, and voiced the opinion that several other churches had been given approval under similar circumstances. (Churches on major thoroughfares have requested growth into the adjoining neighborhood, with several approved and several denied, according to opposition and the merit of individual requests.) According to Mr. Bertram, when this church was built, and prior to 1975, churches were a permitted use in the R-1 zone. The 1975 Zoning Code revision placed churches as a permitted use in A-2 and amended R-1 to allow churches as a conditional use. St. Luke's filed a zone case for the current request to bring the existing plant and the proposed expansion into a conforming A-2 limited to church status. Current zoning policy requires that churches be located adjacent to thoroughfares and on the perimeter of neighborhoods. Residents expressed concern about the classification "A-2 limited to church and related uses" being a stepping stone to other A-2 uses. Staff noted that no such instances have occurred in Lubbock and that any such subsequent zoning request would not be treated as routine. 416 June 23, 1988 Existing land uses have not changed in the immediate vicinity. This request creates a classic difference of opinion between the church congregation needing room to grow and the neighborhood wishing to keep existing single- family intact. The church does own ❑r has a Contract on the lots being proposed for the activity building and parking lot. The P&Z Commission voiced opinions as alternatives for the church including relocating entirely to a larger, more suitable site or acquiring land to the south, and closing 45th Street. These suggestions were rejected by church represen- tatives as not economically feasible. One of the complaints neighbors t❑ the north expressed was increased traffic caused by the parking lot and activity building. Staff comments related to traffic suggested that, without a significant amount of growth, the vehicles using the lot already exist and the proposed parking lot should alleviate on -street parking. Public comment during the meeting indicated that vacant spaces have been counted recently in the existing lot during church services on Sunday morning. Another item discussed was the fact that 44th Street is a 50' right-of-way with 32' ❑f paving. These older narrow streets create additional traffic flow problems when vehicles are parked on both sides. The Planning Staff did not present the P&Z Commission a recommendation for this zone change request. They included the similarity of this request to a Zoning Board of Adjustment hearing for expansion of a non -conforming use, where the Staff defers a majority of the Board decision to public comments. Very few of the technical issues generally associated with zone cases were present in this request. The Planning Department recommended approval of A-2 limited to church and related uses on Lot 9, Murryhill to bring the zoning on the main church to a conforming status. Mayor McMinn re-emphasized that whatever action is taken by Council, no application for any portion of the request would be accepted within the next year. Mr. Henthorn replied that proponents' understanding from the Planning and Zoning Commission was that if a portion was withdrawn "without prejudice", that it could be brought back for consideration within 6 months. Mr. Henthorn stated further that the request may not be ready within 6 months, but proponents would like to have the option ❑f submitting it if it is. Mr. Bertram stated that according to City legal counsel, if any part of the case is denied, proponents must wait a full year. John Ross, City Attorney, stated that this ruling is because Council would not be able to keep continuity by allowing granting of parts of cases, and that the law is very clear ❑n this issue. June 23, 1988 417 Councilman Carpenter asked about making a motion to approve the request for Lot 9, and to take no action on the remaining portion rather than deny it. He cited instances when Council has made modifications which change a few feet or place more or fewer trees, etc. Mr. Ross. repeated that in his opinion, these two items have been filed as one case, but Council may take action to table this entire matter and bring it back from the table at a future meeting. Councilman Maloy stated his concerns regarding situations where a church in a residential area, and that church is requesting a mechanism by which to rezone to A-2. He related that present mechanism by which a church may expand in an R-1 zone is by going to the ZBA. This provides a hearing for both sides. If Council were to change the zoning to A-2, the citizens would have no notification of changes by the church. He went on to suggest that the zoning be left as it is, and the church have a hearing before the ZBA. Councilman Phillips stated his agreement with Councilman Maloy's suggestion. Councilman Maloy said he would vote to deny the zone case not to go against the request of proponents, but because ❑f his ❑pposition t❑ changing R-1 t❑ A-2 t❑ accommodate this type ❑f request. Motion was made by Councilman Maloy, seconded by Councilman Phillips to overrule P&Z and deny the request for zone change. Mayor Pro Tem Baker asked that if the motion carried and the zoning is denied, d❑ proponents have to be heard before the Zoning Board of Adjustment to make improvements. Councilman Maloy stated that if proponents wished to make any modifications, they would be required t❑ be heard by ZBA. Councilman Carpenter asked if this action would cause proponents to have to wait a year before they could be heard by ZBA, and was advised that request could be made for ZBA consideration at any time. Mayor Pro Tem Baker asked about waiving the ZBA fee for these cases. Mr. Maloy stated that some ZBA fees had been lowered for non-profit organizations having Christmas tree lots, etc. Councilman Carpenter stated his support for Councilman Maloy's motion, and concurred that further that relief regarding fees be granted to the churches in these type situations. Mayor McMinn asked if action t❑ formally reduce this fee is needed, or if the reduced fee is presently in force. Mr. Cunningham stated that the ❑rdinance must be amended to reflect this fee change. Councilman Carpenter asked if Council denies the request, can they at the same time waive the ZBA fee. Mr. Cunningham replied that the fees are set by categories in an ordinance and the ordinance would have t❑ be amended. Mr. 418 June 23, 1988 Carpenter stated he was not suggesting making a "blanket change", but rather just waiving this particular fee. Mr. Cunningham said that the same situation had previously arisen regarding the Guadalupe Economic Service Council when they requested waiver of the fee, and the ruling by the City Attorney was that the fee could not, according t❑ ordinance, be waived unless the ordinance is amended. Councilman Maloy stated that several cases come before ZBA which are at a reduced fee and asked if fees for those cases are set by ordinance. Mr. Cunningham stated that if the case falls within the allowable criteria, the fees may be waived and that those cases are regarding tents and other types of non-structural requests. Council discussion followed, and Councilman Carpenter asked Mr. Maloy t❑ modify his motion and include wording t❑ allow reduction in fee, if, after staff study, such a reduction is found to be permissible. Mr. Maloy agreed t❑ amend his motion to state that Council overrule P&Z and deny the request for zone change, and stipulated that Staff see if there is a mechanism within the existing Ordinance to allow charging a lower fee to St. Luke's United Methodist Church. Councilman Phillips agreed to second the Amendment. Motion carried: 7 Yeas; 0 Nays. 88-47A-418-403 { 7.) A representative of the Pro Rata Study Committee will appear to present recommendations to amend various sections of Chapter 28 Article IV - Extended Service Char es Pro Rata of the Code of Ordinances. and take appropriate action. ORDINANCE #9210 ORDINANCE 9210 AN ORDINANCE AMENDING SECTION 28-147 OF THE LUBBOCK CITY CODE TO CLARIFY PRO RATA FOOT RATES; AMENDING SECTION 28-148 OF THE LUBBOCK CITY CODE TO CLARIFY FRONT FOOT PRO RATA RATES ON PROPERTY ALREADY PLATTED; AMENDING SECTION 28-150 OF THE LUBBOCK CITY CODE TO CHANGE DETERMINING PERSON TO BE THE DIRECTOR OF WATER UTILITIES FOR SIZE OF SEWER LINES; AMENDING SECTION 28-153 OF THE LUBBOCK CITY CODE TO ADD AN ILLUSTRATION THERETO TO CLARIFY WHEN THE COST OF LARGE MAINS IS PARTIALLY PAID BY THE CITY; AMENDING SECTION 28-154 OF THE LUBBOCK CITY CODE TO ADD ILLUSTRATIONS TO CLARIFY COST OF EXTENSION PROVISIONS; AMENDING SECTION 28-155 TO REVISE DEVELOPER INSTALLATION PROVISIONS AS REGARDS UTILITIES; AMENDING SECTION 28-157 OF THE LUBBOCK CITY CODE TO CLARIFY SURVEYING REQUIREMENTS; AMENDING SECTION 28-158 OF THE LUBBOCK CITY CODE TO REVISE CONTRACTS FOR REFUNDS PROCEDURE; AMENDING SECTION 28-160 OF THE LUBBOCK CITY CODE TO ADD A UNIT PRICE FOR TRENCH SHORING REQUIRED BY A SEPARATE STATE STATUTE; AMENDING SECTION 28-164 OF LUBBOCK CITY CODE TO CLARIFY THE DEFINITION OF A PROPERTY OWNER; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Henry Huneke, representing the Pro Rata Study Committee, presented the Committee's recommendations regarding proposed changes t❑ the Pro Rata Ordinance. June 23, 1988 Mr. Huneke recounted for Council in an attempt to achieve a more equitable and understandable procedure for assessing and collecting pro rata funds, that City Manager Larry Cunningham had appointed a study committee organized to review the City's Pro Rata Ordinance. This seven member study committee was chaired by Laurin Prather, President of the Board of City Development, and was comprised of three representatives from the Lubbock Land Use and Developers Council/West Texas Home Builders Association: Henry Huneke, Chairman of Land Use and Developers Council; Ken Flagg, Flagg Homes; and David Goyette, Hugo Reed and Associates, Inc. Also three representatives were appointed from the City of Lubbock's Staff: Mike Murphy, Water Utilities Engineering; Rod Ellis, Business Liaison Officer; and Larry Hoffman, Director of Transportation. Mr. Huneke praised the City Manager and City Staff for their outstanding work with this Committee. The following is a brief summary of changes and/or additions proposed: Sec. 28-147 Pro Rata Charges for Water and or Sewer Services. The basic content of this section remains the same; however, illustrations and examples were added to clarify how front footage is used in calculating the pro rata charge. Sec. 28-148 Pro Rata on Property_ Already Platted. (d.) Increase the term ❑f a refund contract from 10 years to 15 years. Sec. 28-155 Developer Installation. (a.) Installations by Developers by Private Contract: 4. Gives responsibility of inspection of water utility projects to the City for jobs privately engineered and constructed. The fee for this inspection will be 2% of the actual contract cost. (b.) Alternate method of providing utilities under a private contract. 1. Leaves available the option for a developer to use the City Staff for engineering services for 6% of the estimated construction costs based on the unit prices according to Sec. 28-160. 420 June 23, 1988 (c.) Under this section of the ordinance the developer will provide the necessary water and sewer taps (to the property line) to serve all lots within the subdivision. (e.) If the developer provides for engi-neering and construction, the actual contract cost for the water and sewer facilities shall be the pro rata for the subdivision. No additional pro rata would be due. (f.) Under this section a developer who receives benefit from existing facilities will pay his pro rata share of the cost of those facilities to the City. Sec. 28-158 Refunds. (a.) Increases the terms of a refund contract from 10 years to 15 years. Sec. 28-160 Unit prices used in calculating costs of extensions. (a.) Added a unit price cost to include trench shoring to comply with the new Trench Safety Regulations. Mr. Huneke said that the Study Committee reviewed alternate methods to the present ordinance, surveyed other cities, and spent many long hours on this matter. Staff recommended approval of this Ordinance. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to pass on first reading Ordinance #9210 as recommended by Staff, and commended the Committee for their work. Motion carried: 7 Yeas; 0 Nays. 88-47A•-420-404 ( 8.) ORDINANCE #9209--Establishing two-way traffic on 10th Street between Avenue S and Avenue T. ORDINANCE #9209 ORDINANCE #9209 AN ORDINANCE ESTABLISHING TWO-WAY TRAFFIC ON 10TH STREET FROM ITS INTERSECTION WITH AVENUE T TO ITS INTERSECTION WITH AVENUE S; PRESCRIBING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND EFFECTIVE DATE OF THIS ORDINANCE. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to pass on second and final reading Ordinance #9209. Motion carried: 7 Yeas; 0 Nays. June 23, 1988 421 88-47A-421-405 (10.) Consider Resolution #2858 authorizing the Mayor to execute Change Order No. 2 to "South Lubbock Drainage Study" Project No. 9278. RESOLUTION #2858 RESOLUTION #2858 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Change Order No. 2 granting an extension of time to Project No. 9278 (South Lubbock Drainage Study) thus amending the existing Contract between said City ❑f Lubbock and Albert H. Halff Associates, 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 23rd day of June, 1988. s1 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: Is1 J. Worth_Fullingim J. Worth Fullingim, Assistant City Attorney The Engineering Firm, Albert H. Halff and Associ- ates, has requested a time extension for the submittal of the final report from August 11, 1988 to October 31, 1988. The Texas Water Development Board is financing half of the cost under Contract No. 8-483-504 with the City and their representative has indicated that they are in agreement with this change. The reasons for this request for extension of time are: 1. At the second Quarterly Report Meeting, errors were discovered in certain City contour maps used to define hydraulic charac-teristics. Approximately six weeks were expended in determining location of critical overflow areas and in subsequent surveying of all the area to verify the accuracy of the hydraulic model. The computer model then had to be revised to simulate actual field conditions. 422 June 23, 1988 2. In the previously revised time schedule approved in Amendment No. 2 by the Texas Water Development Board and the City, the review times allotted for the Final Draft Report were compressed by approximately 30 days. It is advan-tageous to the City and the Board to expand the review periods as indi-sated in this request, since this will permit a more thorough review of the report. The proposed review periods will match those established in the original Contract between the City and the Texas Water Development Board. Staff recommended that this change order be approved. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize Resolution #2858 as recommended by Staff and the Texas Water Development Board. Motion carried: 7 Yeas; 0 Nays. 88-47A-422-406 [11.] Consider Resolution #2859 authorizing the Mayor to sign Amendment No. 3 to Texas Water Development Board Contract No. 8-483-504 South Lubbock Drainage_ Study). RESOLUTION #2859 RESOLUTION #2859 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 Amendment No. 3 to a Contract entered into by and between the City of Lubbock and the Texas Water Development Board being numbered TWDB Contract No. 8-483-504, 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. June 23, 1988 423 Passed by the City Council this 23rd day of June, 1988. ATTEST: Is1 Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is Larry V Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney 88-47A-423-407 (12.) Is1 B. C. McMinn B. C. McMINN, MAYOR This Amendment to the Contract between the City and the Texas Water Development Board is for an extension of time to complete the South Lubbock Drainage Study as in Item #10 above. Motion was made by Councilman Carpenter, seconded by Councilman Maloy to authorize Resolution #2859 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. rtme on RESOLUTION #2860 RESOLUTION #2860 authorizing the Ri ocK lU . mvrt i e 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 the 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 public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Lot One (1), Block 10, Myrtle Slaton Addition Number 2, to the City of Lubbock, Lubbock County, Texas. 424 June 23, 1988 SECTION Z. THAT the owner of said tract, James Richard Fleming, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $37,900, 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 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 23rd day of June, 1988. ATTEST: s/ Raniette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Ed Buc Ed Buey, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney 88-47A-424-408 (13.) /s/ B. C. McMinn B. C. McMINN, MAYOR This property, located at 3401 36th Street, is needed for the widening of Indiana Avenue; the proposed funding is through the recent sale of bonds. The appraised value of this property through the Lubbock County Appraisal District is $37,924 and Mr. Fleming, an absentee owner, has agreed to sell the property for $37,900, the City's offering price. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #2860 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Resolut orizina the Riaht- Of-Wav Department to make a formal offer to Maxie urooK5, Jr. Street]. RESOLUTION #2861 RESOLUTION #2861 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 the 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: June 23, 1988 425 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract ❑f land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Lot Two (2), Fry Addition t❑ the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owner ❑f said tract, Maxie L. Brooks, Jr., BE offered through the Right -of -Way Department ❑f the City ❑f Lubbock the amount of $53,500, which is the amount appraised as the value and total damages for the fee simple title and acquisition ❑f said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney ❑f said City of Lubbock is hereby authorized and instructed t❑ institute condemnation (eminent domain) proceedings t❑ acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 23rd day ❑f June, 1988. s B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold 'Willard, Assistant City Attorney This property, located at 3402 49th Street, is needed for the widening ❑f Indiana Avenue between 34th Street south to 50th Street. The Appraisal District has this property valued at $53,532 and Mrs. Brooks, an absentee owner, has agreed to sell the property for $53,500, the City's offering price. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Maloy t❑ authorize Resolution #2861 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 88-47A-,425-409 (14.) Consider Resolution #2862 authorizing the Ri ht- Of-Wav Department to make a formal offer to Jane Ro ❑t Lot 19. bloc RESOLUTION #2862 426 June 23, 1988 RESOLUTION 2862 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 the 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 public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Lot Twenty (20) and the East Twenty -Five (E25') of Lot Nineteen (19), Block 10, Myrtle Slaton Addition Number 2, to the City of Lubbock, Lubbock County, Texas SECTION 2. THAT the owner of said tract, Janet Robert Minifie, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $60,890, 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 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 23rd day of June, 1988. Isl B. C. McMinn B. C. McMINN, MAYOR ATTEST: 1 sl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: 1sl Ed B_u_cy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney This property, located at 3402 37th Street, is needed for the widening of Indiana Avenue. The Appraisal District indicates a valuation of $60,892, the City's offering price to Janet Minifie, also an absentee owner. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #2862 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. June 23, 1988 427 88-47A-427-410 (15.) Consi ❑t-Way Department to ma Lou Ratcliff for Lot 1( Lot 15, Block 16, Myr_tl (3402 43rd Street). RESOLUTION #2863 RESOLUTION #2863 63 authorizing the Right- ke a formal offer to Mar and the East 68 feet of e Slaton Addition Number 3 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 the City Council of said City finds it in the public interest and for public purposes and municipal purposes t❑ 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 public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Lot Sixteen (16) and the East Sixty -Eight Feet (E68') of Lot Fifteen (15), Block 16, Myrtle Slaton Addition Number 3, to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owner of said tract, Mary Lou Ratcliff, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $151,590, 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 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 hereina,bove described for public purposes and municipal purposes. Passed by the City Council this 23rd day of June, 1988. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Raniette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s Harold Willard Harold Willard, Assistant City Attorney 428 June 23, 1988 This property, located at 3402 43rd Street, is to be purchased for the widening of Indiana Avenue. The Lubbock County Appraisal District has valued this house at $151,593, and Mrs. Ratcliff, wh❑ lives in the property, has agreed to sell for $151,590, the City's offering price. This house, the only one valued at over $100,000, contains approximately 4,800 square feet and according to tax office values, is the most expensive of all the houses needed along Indiana. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #2863 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 88-47A-428-411 (16.) Consider Resolution #2864 authorizin 88-47A-428-412 e S RESOLUTION #2864 er This property, located at 3402 39th Street, is needed for the widening ❑f Indiana. The Appraisal District has valued this property at $35,214, and Mr. White, a realtor and absentee owner, valued it at $39,411, but has agreed to sell for $37,000, ($2,411 less than his market appraisal, but $1,786 more than the Tax Office value). Staff recommended approval. Motion was made by Councilman Patterson, seconded by Councilman Maloy to authorize Resolution #2864 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (17.) Consider Resolution #2865 authorizing the Mayor of the City of Lubbock to execute a Contract of Sale for the Holeman Farm, on the south side of East 19th Street of the City Limits. RESOLUTION #2865 RESOLUTION #2865 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 ❑f Lubbock a contract of sale for the Holeman Farm with the City, as proposed purchaser of 320 acres ❑f land, 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. June 23, 1988 429 Passed by the City Council this 23rd day of June, 1988. /s B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Rane_t_te Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Oucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ J. Worth Ful1_ingim J. Worth Fullingim, Assistant City Attorney This Resolution authorizes the Mayor to sign a Sales Contract and Lease Agreement for approximately 320 acres of land out of the west half of Section 12, Block B, Lubbock County. This property is located north of the City Sewer Farm between East 34th Street and East 19th Street, and the acreage is used for the distri- bution of effluent sewage water. Owners of this property are Mr. and Mrs. Alfred Holeman and Clarence Holeman. Staff presently has this farm leased for the 1988 crop year. For the 1989 crop year, they will offer the seller a $125 per acre cash lease payable by January 31, 1989 and also agree to purchase the property on or before January 1, 1990. Sale price is $1,100 per acre for a total cost of $352,000; the City is also paying $8,000 for a circular sprinkler system base, underground pipe, and wiring. Staff recommended approval. Motion was made by Councilman Maloy, seconded by Councilman Patterson to authorize Resolution #2865 as recommended by Staff, to purchase the land at $1,100 per acre. Motion carried: 7 Yeas; 0 Nays. (Councilman Maloy stated for the record that $1,100 per acre for this land and the land in Item 18 is much more than the market rate.) 88-47A-429-413 (18.) Consider Resolution #2866 authorizing the Right - Of -Way Department to make an offer for a tract of land out of Section 12, Block B, Lubbock County, Texas, known as the Baker Farm, on the south side_ of East 19th Street_ aoproximately one-half mile m RESOLUTION #2866 430 June 23, 1988 RESOLUTION #2866 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 disposal of sewage effluent as an integral part of the sewage system disposal of the City of Lubbock; 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 public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Approximately 326.70 acres of land more particularly described as the East one-half (112) of Section 12, Block B, Lubbock County, Texas. SECTION 2. THAT 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 hereiniabove described for public purposes and municipal purposes and the Right -of -Way Department of the City of Lubbock is authorized to offer the owners of said land, being Candace Lee Baker Anderson, Janet Lyn Baker Durham, Beverly Ann Baker Crossnoe, and Carol Baker Adams, the amount of $379,370.00, which is the amount appraised as the value and total damages, for the fee simple title and acquisition of said real estate hereinabove described, and that unless such offer is accepted by June 28, 1988, the City Attorney is authorized to proceed with condemnation proceedings. Passed by the City Council this 23rd day of June, 1988. ATTEST: s1 Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s Ed Bucy Ed Bucy, Right -of -Way Agent s B. C. McMinn B. C. MCMiNN, MAYOR APPROVED AS TO FORM: s J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney This Resolution authorizes the Right -Of -Way Department to make an offer for approximately 326.70 acres of land located in the east -half of Section 12, Block B, and is owned by Candace Lee Baker Anderson, Janet Lynn Baker Durham, Beverly Ann Baker Crossnoe, and Carol Baker Adams. This property is being purchased for the purpose of adding land area to the sewer farm for effluent water distribution. The City's offering price to them is $1,100 per acre, for a total of $359,370, a sprinkler system for $8,000 will also be purchased, and the Bakers will be paid for $12,000 worth of crop preparation to make a grand June 23, 1988 431 total offer to them of $379,370. This Resolution also instructs the City Attorney to institute condemnation proceedings if this offer is refused. If the offer is accepted, a new Resolution will be offered at the next Council meeting authorizing the Mayor to sign a Sales and Lease Contract with the Bakers. Included in this Sales Contract will be a lease for the 1988 crop year for $125 per acre. Staff plans to close on this farm on or before January 31, 1989. Staff recommended approval. Motion was made by Councilman Maloy, seconded by Councilman Patterson to authorize Resolution #2866 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays; 1 Abstention --Mayor Pro Tem Baker. 88-47A-431-414 (19.) Consider Resolution #i2867 authorizing the Mayor t❑ sign Amendment #i2 to Engineering Services Agreement with Parkhill Smith and Cooper, Inc. for construction projects at the Airport. RESOLUTION #2867 RESOLUTION #2867 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Amendment No. 2 to an Agreement for Engineering Services between the City ❑f Lubbock, Texas, and Parkhill, Smith & Cooper, 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 23rd day of June, 1988. s B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s Marvin Coffee Marvin Coffee, Director ❑f Aviation APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney 432 June 23, 1988 88-47A-•432-415 (20.) In 1982, the City of Lubbock entered into Agreement with Parkhill, Smith and Cooper, Inc. to provide engineering services for improvements in the Airport Master Plan and this required a selection process which complied with Federal Aviation Administration process. Amendment #1 approved in 1982, provided engineering services for taxiway guidance signs, general aviation sites, pavement, joint seal, field maintenance, building, north service road, all of which are now complete. Amendment #2 provides for engineering services for a number of projects at Lubbock International Airport which are eligible for 90% funding by the FAA. Construction projects scheduled at this time are for reconstruction of aircraft parking apron by the old terminal and rehabilitation and upgrading of the taxiway lighting circuits and electrical vault work. The apron by the old terminal is used by Federal Express as a major cargo consolidation operation for their system and needs reconstruction to continue to accommodate heavy aircraft. The taxiway lighting circuits have been damaged by repeated lightening strikes and need to be replaced. Also, additional replacement of lighting regulators in the field lighting electrical vault is necessary to assure reli- ability of the lighting system. The Federal Aviation Administration has reviewed Amendment #2 and the items of work and has given approval. FAA desires to have the reconstruction of west cargo apron ready to bid first so as to offer a multi -year grant by September 30, 1988. The Airport Board has also reviewed this Amendment #2 and recommended it to City Council. Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker to authorize Resolution #2867 as recommended by Staff, Airport Board and approved by the FAA. Motion carried: 7 Yeas; 0 Nays. Consider Resolution #2868 appointing a Transportation Temporary Advisory Committee to examine the feasibility of implementing a Sales Tax for transit street construction and main- tenance. RESOLUTION #2868 RESOLUTION #2868 June 23, 1988 433 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: There is hereby created an 11 member temporary advisory committee to be called the Transportation Temporary Advisory Committee. Said committee shall be appointed as soon as practicable by this City Council. The Mayor shall designate one member of said committee as chairperson of the committee. The committee shall examine the ramifications of calling for an election to implement a transportation systems special purpose tax to fund public transportation, street construction, and maintenance. SECTION 2. The duties of the said committee are as follows: (1) Review the legal implication of Article 1118z, the law permitting such a tax, in order to recommend the boundaries for use ❑f the tax revenues. (2) Ascertain if the implementation of the tax would be in the best interests of the City ❑f Lubbock and its citizens. (3) If it is determined that an additional sales tax is beneficial, recommend the rate of the tax -- 1/44 or 1/24. (4) Recommend the general guidelines for allocation of sales tax revenues to the Streets Department and t❑ Citibus; make a recommendation regarding the proposed amount of a property tax reduction, and recommend priorities for expanded -level General Fund expenditures which may become available following implementation of the sales tax. (5) If it is recommended that an election should be held on the transit sales tax, then make a recommendation for the date of a sales tax election. (6) If the sales tax is recommended by the committee, consideration shall be given by the committee in a report due on or before October 27, 1988, or a later date if the committee deems it necessary, as regards the third Saturday in January, 1989, as a possible election date. (7) Develop recommendations on ways t❑ promote the election to gain voter approval, if the election is called. (8) If the committee recommends to Council that the tax would not be beneficial to the City of Lubbock, then the committee's duties would cease and this committee would disband and have no further respoinsibility. 434 June 23, 1988 (9) If the committee recommends that the tax would be beneficial to the City of Lubbock, then in such circumstances this committee would remain constituted as an advisory committee to the Mayor and the Council until such matters are ultimately decided by the voters. Passed this 23rd day of June, 1988. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: sl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Larry Hoffman Larry (Hoffman, Director of Transportation APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney At the June 9, 1988 City Council meeting, Council instructed Staff to prepare and place on the June 23 City Council agenda a Resolution creating a Temporary Advisory Committee to study whether or not to suggest calling an election for a Sales Tax for transit and street maintenance and construction. It was consensus of Council to set the membership at no less than eleven members. In order for the recommendations to have credibility, whether for or against an election, it seems advisable for the committee make-up to represent a broad cross section of the Lubbock community. For that reason, it was suggested that representatives from the following areas be appointed: 1. Transit Advisory Board 2. Restaurant industry 3. Hotel/Motel industry 4. A large manufacturing representative 5. Texas Tech/or educational community 6. Small retail businesses 7. Large retail businesses B. Financial community 9. Lubbock: 2005 Review Committee 10. At large Staff recommended two to three members of the Transit Advisory Board be appointed to the com- mittee, and for the rest to be members ❑f the community at large. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize Resolution #2868 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. June 23, 1988 435 88-47A-435-416 (21.) Consider Resolution #2869 authorizing the Ma ❑r t❑ sign Change Order #1 t❑ the Contract for Utility Relocations Phase IV - I-27. RESOLUTION #2869 RESOLUTION #2869 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor ❑f the City ❑f Lubbock BE and is hereby authorized and directed to execute for and on behalf ❑f the City of Lubbock Changer Order No. 1 to a Contract entered into by and between said City (as owner) and Rhode Pipe Company (as Contractor) concerning I-27 Utility Adjustments Phase IV, attached herewith, which shall be spread upon the minutes ❑f 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 23rd day ❑f June, 1988. s B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Wilford Watson Wilford Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: /s J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney This item represents work that was required ❑n the relocations of a 30" water line at a greater depth of cut than the proposal had prices for. Parkhill, Smith and Cooper submitted this to the State for approval, the State accepted the work as being necessary and ruled it will be an approved reimbursable cost ($12,855.60). The Contractor for this project is Rhode Pipe Company. Staff recommended approving this Change Order. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Patterson to authorize Resolution #2869 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 88-47A--435-417 (22.) Consider Resolution #2870 establishing a citizenship award for international students to artici ate in a s ecial program with Texas Tec Universitv. RESOLUTION #2870 436 June 23, 1988 RESOLUTION #2870 WHEREAS, the Office of International Programs at Texas Tech University desires to establish a citizenship award for international students attending Texas Tech University; and WHEREAS, Texas Tech University will be responsible for maintaining the criteria and evaluating reports to determine the student's eligibility of the award; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor and City Council of the City of Lubbock BE and is hereby authorized and directed to present the "International Student Citizenship Award" for and on behalf of Texas Tech University, to those students who apply for and complete the requirements for such award, and that the Award shall be presented from time to time as necessary during regular sessions of the City Council. Passed by the City Council this 23rd day of June, 1988. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ John Hubbard John Hubbard, Administrative Assistant APPROVED AS TO FORM: s Benjamin L._ Linton Benjamin L. Linton, Assistant City Attorney Jacque Behrens, Director of the Office of International Programs at Texas Tech University, requested Council to establish a citizenship award for international students attending Texas Tech. These students would be required to attend various Council and private functions throughout the community and report on their observations. Ms. Behrens expects five to ten students a year could be expected to apply for and complete the requirements for the award. Upon completion of the requirements, the students would receive the award during regular session of City Council from the Mayor and City Council. The name for the award would be "International Student Citizenship Award." The "International Student Citizenship Award" would be a joint program sponsored by Texas Tech University -Office of International Programs and the City of Lubbock. The extent of the City's involvement in the program would be limited to: 1. Drafting and printing the award (in the form of certificates). June 23, 1988 437 2. Mayor presenting the award during regular City Council Meetings in the Citizen Appearance agenda. 3. Pictures taken by the Public Information Office. Texas Tech University will be responsible for maintaining the criteria and evaluating reports to determine the student's eligibility of the award. The Staff believes that this would be a very good gesture and a small cost burden as far as cost to the City. It is something similar to the Airman of the Month Award that Reese Air Force Base use to present to outstanding military personnel at Reese. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Baker to authorize Resolution #2870 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 88-47A-437-418 (24.) BID #9767--27 HP Tractor and 150 HP Wheel Loader Case Power Equipment Co.--1 27-HP tractor; 1 150- HP wheel loader. Motion was made by Councilman Patterson, seconded by Councilman Carpenter t❑ accept low bids meeting specifications. Motion carried: 1 Yeas; 0 Nays. 88-47A•-437-419 (25.) BID #9809--office furniture (various departments). Baker Co.--3 swivel chair. Frank McGlaun Office Supply--1 drafting stool; 13 jury seat. Nester's office Center--1 posture chair wlarmrests, tilt & swivel; 9 steno chair; 4 chair wlarmrests, tilt & swivel; 1 executive desk 36"x72" wood veneer, oak; 1 table desk w/center drawer 36"x66"; 1 It. reception table w12 side chairs; 2 table; 34 auditorium seat. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to accept low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 88-47A--437-420 (26.) BID #9683--Yearly pricing ❑n filters (Warehouse- Barretts Automotive --Filters. 438 June 23, 1988 Motion was made by Councilman Patterson, seconded by Councilman Carpenter to accept low bids meeting specifications. Motion carried: 7 Yeas; D Nays. 88-47A-438-421 (27.) BID #9773--Godeke Library parking lot recon- struction and authorize same Street Engineering). RESOLUTION #2871 Kerr Construction RESOLUTION #2871 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 ❑f the City of Lubbock a Contract by and between the City of Lubbock and Kerr Construction Company for Godeke Library Parking Lot Reconstruction, 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 23rd day of .tune, 1988. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST:, s Rariette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is1 Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: Is Harold Willard Harold Willard, Assistant City Attorney Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #2871 as recommended by Staff. Motion carried: 7 Yeas; O Nays. 88-47A-•438-422 (28.) BID #9822--Natural RESOLUTION #2872 June 23, 1988 439 RESOLUTION #2872 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor ❑f the City ❑f Lubbock BE and is hereby authorized and directed t❑ execute for and on behalf ❑f the City of Lubbock a Contract by and between the City of Lubbock and The Power - Tex Joint Venture for Natural Gas Boiler Fuel, 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 23rd day of June, 1988. Isl B. C. McMinn B. C. McMINN, MAYOR ATTEST: Is1 Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: sl Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold 'Willard, Assistant City Attorney The Power -Tex Joint Venture, Midland--Approx. 370,000 MCF natural gas boiler fuel. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #2872 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 88-47A-439-423 (29.) BID #9806--Re air of Hi -Ranger Aerial Lift (Garage). Utility Equipment Co., Oklahoma City, OK--1 Overhaul and repair, Hi -Ranger Aerial Lift. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to accept low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 88-47A-439-424 (30.) BID #9823--40' Creosote wood poles (Central Warehouse). International Paper Co., Dallas--100 40' Class 4 creosote -treated wood poles. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to accept low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 440 June 23, 1988 88-47A-440-425 (31.) BID #9774--1987 South Overton sidewalk improvements, and authorize _same (Community Development). RESOLUTION #2873 Herchel Upchurch RESOLUTION #2873 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 Herschel Upchurch for 1987 South Overton Sidewalk Improvements, 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 23rd day of June, 1988. s B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Raiette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is1 Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #2873 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 88-47A--440-425 (32.) BID #9821--Stacking chairs _( Civic Center}. Hester's Office Center--500 stacking chairs. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to accept low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 88-47A--440-427 (33.) RFP #9790--Auctioneering services, and same (Purchasing Department). RESOLUTION #2874 RESOLUTION #2874 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 Rene Bates June 23, 1988 441 Auctioneers, Inc. for Auctioneering Services for the sale of abandoned and surplus property, 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 23rd day of June, 1988. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Rene Bates Auctioneers, Inc., McKinney-- Auctioneering services for sale of abandoned and surplus property. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to authorize Resolution #2874 as recommended by Staff. Motion carried: 7 Yeas; O Nays. 88-47A-441-428 (34.) Consider appointing eleven members to the Transportation Temporary Advisory Committee. Motion was made by Councilman Phillips, seconded by Councilman Patterson to appoint Gary Bellair, Mavis Miller, Marcelo Tafoya, Bobby Rodgers, Tye Cook, Eddie Richardson, Joe McKay, J. R. Landry, Lonnie Hollingsworth, Carl Stem and Eunice Stephens to the Transportation Temporary Advisory Committee. Motion carried: 7 Yeas; O Nays. Mayor McMinn named Lonnie Hollingsworth to Chair the Committee. 88-47A-441-429 (35.) Consider oneappointment to the Private Indust Council to fill the unexpired term of Jerry Tyler. Motion was made by Councilman Phillips, seconded by Councilman Maloy to appoint Mike Kirkpatrick t❑ fill the unexpired term of Jerry Tyler on the Private Industry Council. Motion carried: 7 Yeas; 0 Nays. 442 June 23, 1988 88-47A-442-430 (23.) Hold an Executive Session to on - ties. There being no further business to come before Council, motion was made by Councilman Phillips, seconded by Councilman Carpenter to adjourn the meeting at 11:20 a.m. Motion carried: 7 Yeas; 0 Nays. B. C. McM111N, MAYOR ATTEST: Ran tte Boyd, City Secretary READ AND APPROVED THIS 14TH DAY OF JULY, 1988 q LSo 4 B. C. AcM N, MAYOR ATTEST: Ran tte Boyd, City Secretary THE STATE OF TEXAS R-232 COUNTY OF LUBBOCK Before me FrunCeS Hernandez a Notary Public in and for Lubbock County, Texas on this day personally appeared T.J. Auf of the Southwestern Newspa- pers Corporation. publishers of the Lubbock Avalanche -.Journal -- Morning. Evening and Sundav, who being by me duly sworn did depose and sa'y that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this — ayill Malice _ N826d34 at Lubbock County. Texas and the attached print- ed copy of the Legal Notice is a true copy of the original and was printed in the Lubbock Avaianc•he-,Journal on the following dates: June 2ri • .1111 Y 6 words fa .88 = $31.68 ORDINANCE #"09 TWOWAY TRAFFIC 10T STREETIITSNT R- SECSIpN WITH AVEHE T TO AA ITSINTERSEOWITH AN HUE S; PRE#G A PEE: Ma ge r ALTY CLAUSE; PROVIDLNG FOR PUBLICATION; ANO EF- AVALANCHE -JOURNAL NAANOATEOFTHISURDI- FECTIVELUBBnCK Southwestern Newspapers Corporation R-23t Subscribed and sworn to before me this t n day oil u I Y J rgc�ser�c+�a��:;�Ss�ciK+ a� %i Ilk FORM 58-10 �' ' `+ My .,: ,:: s,.• :. ; x�,.:.. r