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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/22/1991CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING OCTOBER 22, 1991 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 22nd day of October, 1991 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 a.m. Present: Mayor B. C. McMinn, Mayor Pro Tem T. J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilwoman Joan Baker, Councilwoman Maggie Trejo, Councilman M. J. Aderton, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 10:00 a.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 Mayor Pro Tem Patterson, seconded by Councilman Phillips to approve the Minutes of the October 10, 1991 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. 91-50B-749-641 ( 4.) ORDINANCE 09483--Zone Case #1941-B (northwest corner ORDINANCE #9483 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1941-B;; A ZONING CHANGE FROM C-2 TO C-2 SPECIFIC USE PERMIT FOR SELF-SERVICE GASOLINE SALES ON LOT 6-12, BLOCK, 1, MADDOX ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to hold consideration of this Ordinance on second reading until the documents have been received by the City. Motion carried: 7 Yeas; 0 Nays. 91-50B--749-642 { 5.) ORDINANCE #9484--Abandoning and closing a portion of an Electrical Line Easement located in Section 15, Block A (1602 N. Avenue J). October 22, 1991 Page 750 10 ORDINANCE #9484 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN ELECTRICAL LINE EASEMENT LOCATED IN SECTION 15, BLOCK A, LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 91-50B-750-543 ( 9.) Motion was made by Councilwoman Trejo, seconded by Councilman Phillips to pass on second and final reading Ordinance #9484 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3736 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City ❑f Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock by signature on the title (cover) sheet for the plans prepared by Texas State Department of Transportation for proposed State Highway Improvement in Lubbock County, Texas, on FM 2255 (4th Street) Federal Project C RP90(345). Passed by the City Council this 22nd day ❑f October, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranet:te Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Larr � D. Hertel Larry D. Hotel, City Engineer APPROVED AS TO FORM: s J. Worth Fullingim J. Worth Fullingim, Assistant: City Attorney A copy of the Title (Cover) Sheet is filed with Resolution No. 3736. The Highway Department plans to reconstruct and/or widen 4th Street to a typical width of 90' with curb and gutter. The State does not have an identified timetable for this construction and funding is not yet available; however, the local district office intends to submit this to Austin as a "backlog" project for approval as soon as funding becomes available. Staff has reviewed with the State the plans on the proposed 4th Street grades which intersect City streets and items pertaining to playa lakes and recommended approval. October 22, 1991 Page 751 Motion was made by Councilwoman Balser, seconded by Councilwoman Trejo to authorize Resolution #3735 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-508-751-644 (10.) Consider Resolution #3737 authorizing the Mayor to RESOLUTION #3737 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 Change Order No. 1 adding paving quantities to Project No. 9403 (1990 Assessment Paving Program, 34th Street from West Loop 289 to Milwaukee Avenue) to an existing Contract for paving improvements between said City and C. B. Thompson Construction Company, 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 22nd day of October, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Railette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney October 22, 1991 Page 752 CHANGE ORDER NO. I TO PROJECT 9403 1990 ASSESSMENT PAYING PROGRAM (34TH STREET FROM WEST LOOP 289 TO MILWAUKEE AVENUE) TO: C. B. Thompson Construction Co. P.O. Box 5455 Lubbock, Texas 79493-5455 Gentlemen: Whereas, it is desirable to make changes in the plans and specifications for this project, being namely the addition of the following: Sidewalk Removal and Replacement Curb and Gutter Removal and Replacement Changes to Storm Sewer Design Whereas, the Contractor herein agrees to the following change: Original Amount of Contract $1,299,881.95 Increased by Change Order No. 1 82,026.87 Total Amount of Contract $1,381,908.82 30 Additional working days is allowed with this Change Order. THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to the change shown herein and in the revised plans, the Owner agrees to pay the Contractor the amount of increase in cash. The Contractor agrees to proceed with construction and to adhere to applicable specifications, under the direction of the Engineer. Furthermore, the parties agree that the original contract between the Owner and the Contractor shall be modified to the extent herein indicated, including one (1) attachment. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 22nd day of October, 1991. C. B. THOMPSON CONSTRUCTION CO. (Contractor) BY: s TerryThompson Title: President CITY OF LUBBOCK (Owner) BY:/sl B. C. McMinn B. C. McMinn, Mayor ATTEST: s Ranette Boyd Ranette Boyd, City Secretary RECOMMENDED FOR APPROVAL: s Larr, , Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: s J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney October 22, 1991 Page 753 This change order is for additional work performed by C.B. Thompson Construction Co., the contractor for the West 34th Street paving improvement project. This additional work was authorized by the City Engineer to minimize construction delays and the changes were not caused or initiated by the contractor. Construction was in progress before any of the necessary changes were identified. Change Order Items 1 and 2: These items pertain to sidewalk removal and replacement at the church on the southwest corner of 34th and Ironton. This reconstruction was primarily due to adjustment adjacent to the new storm sewer inlet boxes and also by the reconstruction of the curb and gutter (Items 3 and 4 below) which resulted in partial removal of the sidewalk. Change Order Items 3 and 4: These items pertain to the removal and replacement of the majority of existing curb and gutter along the south side of 34th Street were recommended for the following reasons: 1. The lip of the gutter was found to lack uniformity in grade. Matching the lip grade would have caused the outside lane of the concrete paving to lack uniformity resulting in a rough ride. 2. Initially, the contractor attempted to dowel into the existing curb and gutter and this resulted in excessive cracking. 3. Some of the 17-year old curb and gutter was found to be in poor condition. Change Order Items 5 and 6 are necessary because of the required redesign of the storm sewer. The redesign was necessary because of an underground fiber optics line (located along the south side of 34th Street) which belongs to Southwestern Bell Telephone. The line is encased in concrete and could not be adjusted or relocated for an unspecified number of months due to the magnitude of the work and unavailable funding. The Engineer based the original design on the assumption that this telephone line was adjustable and once the problem was discovered, the entire storm sewer system required redesign for a lower elevation. The additional cost is for the increased depth of the storm sewer and the inlet boxes, and some resizing of pipe. In addition, 362 linear feet of pipe installed prior to the problem identification, had to be removed, cleaned and reinstalled at a lower elevation. The problem with the storm sewer was discovered in April, 1991, and Staff, the Project Design Engineer (Parkhill, Smith and Cooper), and the Contractor have been in negotiations periodically since then to determine proper compensation for the extra work performed. October 22, 1991 Page 754 91-50B-754-645 (11.) Staff received a letter dated October 14, 1991 from Parkhill, Smith and Cooper's recommending $58,629 of the $77,629 requested by the contractor for compensation for Item 6. Staff received sufficient documentation from the contractor to justify the additional $3,411 outlined in Item 1 of PSC's letter. In addition, Staff recommended compensation to the contractor for $2,615 in subgrade work which had to be abandoned and reworked later. Staff recommended the total compensation for Item 6 as follows: $58,629 PSC Recommendation 3,411 Additional Laying Cost 2,615 Additional Subgrade Work $64,655 Of this amount, PSC has agreed to reimburse the City for the initial cost to install the 362 linear feet of pipe, to remove and clean that pipe, and to compact the ditch. PSC has also agreed to pay the cost of subgrade preparation which the contractor abandoned. The total cost to Parkhill, Smith and Cooper is: $ 9,546 Pipe Installation and Removal 2,615 Subgrade Work $12,161 Staff, the Contractor and PSC are agreeable to the final recommended compensation. Even with this change order, the budget for the construction cost will not be exceeded; however, the total project budget may be exceeded because right-of-way acquisition costs were greater than anticipated. A Budget Change Request for additional funding may be required to supplement the project funds and Staff recommended that these come from the unreserved balance of the Street Improvement Fund. Staff recommended approval. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to authorize Resolution #3737 as recommended by Staff. Motion carried: 7 Yeas; O Nays. Consider Resolution #3738 accepting Street Maintenance Improvements constructed .by„_High .Plains Pavers, Inc —under the 1991 Maintenance Program. RESOLUTION #3738 RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF STREETS AS DESCRIBED BELOW: WHEREAS, the City of Lubbock awarded a Contract on February 14, 1991, authorizing the construction of street maintenance improvements by High Plains Pavers, Inc., on a portion of the following streets: October 22, 1991 Page 755 10 STREET 34th Street 34th Street 50th Street 50th Street 50th Street 66th Street Filth Street Indiana Avenue Milwaukee Avenue Quaker Avenue Quitsna Slide Road IE. Broadway 82nd Street $2nd Street Avenue H IN. Quaker Avenue Quaker Avenue 1st Place 1st Street 2nd Drive .2nd Place .2nd Place .2nd Street 3rd Street E. 5th Street E. 6th Street 115th Street 8th Street 8th Street ,9th Street 10th Street 13th Street 22nd Street .23rd Street 23rd Street 23rd Street 23rd Street 23rd Street 24th Street 24th Street IE. 26th Street E. 28th Street E. 29th Street E. 33rd Street 40th Street 50th Street Rd. 54th Street 55th Drive 57th Street 58th Street 58th Street 58th Street 59th Street 60th Street 60th Street 62nd Street 67th Street 70th Street 74th Street 76th Street 84th Street Aberdeen Avenue 1991 MAINTENANCE PROGRAM LIST OF STREETS IMPROVED FROM TO Avenue A Inler Road Indiana Avenue Orlando Avenue University Avenue Indiana Avenue University Avenue 67th Street 4th Street 63rd Street 19th Street Brownfield Highway Quirt Avenue Slide Road University Avenue 3rd Street 4th Street 82nd Street Chicago Avenue University Avenue Brentwood Avenue University Avenue Avenue V University Avenue Boston Avenue Walnut Avenue Walnut Avenue Avenue G Avenue A Avenue E Avenue A Avenue A Avenue 0 Avenue G Flint Avenue Avenue H Texas Avenue Avenue K Avenue L Avenue E Indiana Avenue Cedar Avenue Teak Avenue Teak Avenue Juniper Avenue Avenue A Elgin Avenue Utica Avenue 58th Street Slide Road Indiana Avenue Slide Road Toledo Avenue Slide Road Memphis Avenue Slide Road Slide Road Indiana Avenue Avenue W University Avenue Elgin Avenue Vicksburg Avenue 82nd Street 500' W. of Avenu e Avenue Avenue Road Road October 22, 1991 Page 756 Albany Avenue 68th Street 66th Street Avenue 8 9th Street 10th Street Avenue 8 Main Street Alley S. of Main Street Avenue C 19th Street 26th Street Avenue E 4th Street 8th Street Avenue E I-27 26th Street Avenue F I-27 25th Street Avenue G 4th Street Alley S. of 6th Street Avenue G 34th Street 36th Street Avenue A 31st Street 34th Street Avenue L Jarvis Street Kemper Street Avenue P 34th Street 50th Street Avenue P 19th Street 34th Street N. Avenue P Erskine Street N. Avenue Q. Drive Avenue R Baylor Street Auburn Street Avenue U 23rd Street 34th Street Avenue W 19th Street 22nd Street Boston Avenue Erskine Street Santa Fe Drive Boston Avenue 42nd Street 50th Street Brentwood Avenue Amherst Street Loop 289 N. Cedar Avenue E. Purdue Street E. Quinn Street Chicago Avenue 73rd Street Ailey N. of 77th Street Chicago Avenue 82nd Street 89th Street Compress Avenue 19th Street End of Paving Elkhart Avenue 4th Street Auburn Drive Elkhart Avenue Erskine Street Harvard Street IV. Elm Avenue Regis Street E. Purdue Street Fordhami Street N. Avenue Q. Drive N. Avenue N Gary Avenue 78th Street 82nd Street Grinnell Street N. Avenue Q. Drive N. Avenue N Guava Avenue E. 37th Street E. 50th Street Harvard Street N. Avenue S N. Avenue U Harvard Street Elkhart Avenue Frankford Avenue Indiana Drive Indiana Avenue 82nd Street Itasca Street N. Avenue N N. Avenue Q Drive 14. Ivory Avenue E. Quinn Street E. Kent Street Jarvis Street N. Avenue N N. Avenue Q Drive Kemper Street N. Avenue N N. Avenue Q Drive Knoxville Drive Memphis Drive Kenosha Drive Locust Avenue E. 33rd Street E. 34th Street Main Street Avenue A Ailey W. of Avenue B Memphis Avenue 22nd Street 34th Street N. Elm Avenue Regis Street E. Purdue Street N. Ivory Avenue E. Quinn Street E. Kent Street Peoria Avenue 18th Street 19th Street E. Purdue Street I-27 Magnolia Avenue E. Quinn Street N. Cedar Avenue N. ivory Avenue Redbud Avenue E. 13th Street E. 14th Street Stanford Street University Avenue Akron Avenue Toledo Avenue 4th Street 7th Street Utica Avenue 50th Street 52nd Street Utica Avenue 74th Street 82nd Street Uvalde Avenue 2nd Street 2nd Place Vernon Avenue 2nd Street 2nd Place Vicksburg Avenue 13th Street 19th Street Vicksburg Avenue Alley S. of 93rd St. 98th Street Wayne Avenue 84th Street Vicksburg Avenue 10 October 22, 1991 Page 757 PAR KING LOTS Fire Station #12 Parking Lot WHEREAS, the improvements upon the said portions of the above - mentioned streets have been inspected and found to have been constructed in accordance with City plans and specifications and in accordance with the provisions of City Ordinance 1331; NOW THEREFORE: BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION I. THAT the improvements on said portions of the above - mentioned streets and the same are hereby accepted and the City Street Superintendent BE and he is hereby authorized to direct final payment to the Contractor in the amount of $1O,000.00. SECTION 2. THAT this Resolution shall take effect and be in force from ,and after its passage. Passed by thie City Council this 22nd day of October, 1991. Ls1 B. C. McMinn ATTEST-. B. C. McMINN, MAYOR 5 Riinette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Don Jennings Don Jennings, Street Superintendent APPR0VED AS TO FORM: Ls1 J. Worth Fullingim J. Worth Ful',ingim, Assistant City Attorney 91-50B-757-646 (12.) Ift This is a routine acceptance of the 1991 Street Maintenance Program which consisted of single course and two -course surface treatment on all streets listed in the Resolution #3546, The original Contract amount was $1,703,002 with Change Order No. 1 increasing this amount by $9,664.16 for a total of $1,712,666.16. Change Order No. 1 was due to the deletion of certain streets adjacent to 1-27 construction and the substitution of other streets, as well as for 90° of barricade installation at 38th and Chicago. Final payment due the contractor upon acceptance is $10,000. Staff recommended approval. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Patterson to authorize Resolution #3738 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. October 22, 1991 Page 758 ORDINANCE 09486 AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED "HOUSING," BY AMENDING SECTION 13-1(j), TO PROVIDE FOR UP TO FOUR (4) ALTERNATE MEMBERS OF THE HOUSING STANDARDS COMMISSION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 91-50B-758-647 (I3.) This proposed Ordinance will expand membership of the Housing Standards Commission by providing for four alternate members. Previously the board had only five members as prescribed by law and recent amendments now allow expansion. The board has difficulty maintaining a quorum and the law requires all cases to be heard by four members. Even though the amendment provides for a maximum four alternates, Staff recommended appointing only two alternates which will provide a seven -member board. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Councilwoman Baker to pass on first reading Ordinance #9486 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION 03739 WHEREAS, the City Council of the City of Lubbock finds it expedient and in the public interest to amend Resolution No. 972 passed by said City Council on November 19, 1981, to add a new Part 4 thereto to permit and allow Texas Water Commission approved monitor wells approved by the Engineering Department of the City of Lubbock, such item in the parkway portion of public streets and in alleys and public grounds in the City of Lubbock as hereinafter defined and located, which will be beneficial to the public health and public welfare of the citizens of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Resolution No. 972 of the City of Lubbock is amended by adding thereto an additional Part to be designated as a new "PART IV, which shall read as follows: "PART IV. That to utilize the street or alley and public grounds rights -of -way in the City of Lubbock for the purpose of drilling and placement of Texas Water Commission approved monitor wells to periodically sample and analyze the possible contamination on, in, and above the water table due to the release of hydrocarbons and petroleum products from ruptured fuel tanks, lines, pumps, or other related fuel transfer or storage devices, the permit applicant is required to comply with the following provisions: ■ October 22, 1991 Page 759 1. To necessitate the placing of monitor wells in the parkway portions of streets, alleys and public grounds within the limits of the City of Lubbock as hereinabove defined, the permit fee for the placing of such monitor wells shall be a non-refundable fee of $500 per well per five (5) year term. A one-time non-refundable application fee of $150.00 is required to accompany the permit application form. i!. The street/alley/public grounds monitor wells permitted hereunder shall be approved as to proposed design of construction by the Engineering Department of the City of Lubbock. The City Engineer and the Traffic Engineer shall approve the location of the monitor wells permitted hereunder. 21. The Permit granted hereunder for maintenance of street/ alley/public grounds monitor wells shall be for a term of five (5) years from the date of issuance of the Permit renewable for successive terms of five (5) years, unless the Permittee or the City of Lubbock shall either one terminate the Permit by notifying the other to such effect in writing before the expiration of any five (5) year term of this Permit. Since this matter involves the jurisdictional control of streets by the City of Lubbock as a home rule city, the City of Lubbock further reserves the right to cancel any Permit granted hereunder at any time upon thirty (30) days written notice to the Permittee hereunder if in the judgment of the City of Lubbock the public interest so requires. 4. Permits issued hereunder for street/alley/public grounds monitor wells shall be on a form approved by the City Attorney, and shall be executed by the Mayor of the City of Lubbock and approved by the City, Right -Of -Way Agent, City Engineer, and Assistant City Attorney. 5. Any street/alley/public grounds monitor wells shall comply with all applicable regulations of the Building, Codes and Zoning Ordinances and work done will be in compliance with local, State and Federal laws and regulations. October 22, 1991 Page 760 6. The purpose of this part of this Resolution is to help and aid through the welfare, safety, and health of the citizens of Lubbock by the elimination of pollutants and contaminants of the underground water table of the City of Lubbock. The City anticipates the increase of these permits due to increasing Environmental Protection Agency and Texas Water Commission rules and enforcement practices." Passed by the City Council this 22nd day of October, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Bo,d, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -Of -Way Agent s Larr r Hertel Larry Hertel, City Engineer APPROVED A5 TO FORM: IsZ J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney Resolution #972 regulates Street and Alley Use Licenses and this resolution amends it by adding a new Part 4 to allow, govern, and regulate Texas Water Commission approved groundwater monitor wells to be located in the parkway portion of public streets, alleys, or public grounds. The location and construction are to he administered by the Engineering Department. The Right -Of -Way Department is receiving an increased number of requests to utilize City streets, alleys, and vacant land for the drilling of monitor wells. These wells are being drilled in conjunction with the contamination of the water table at specific sites due to leaking fuel tanks or lines. The Texas Water Commission has ordered the owners of these properties to drill monitor wells at the site of contamination as well as on off -site locations (usually downstream) to conduct quality testing. Often these off -site property owners won't give permission to drill (such as on government -owned, foreclosed properties). In some instances, City property such as park or vacant land tracts are adjacent to the contaminated site and can be utilized. The length of term allowed in this Resolution for a groundwater monitor well permit is five years term, with 20 years' maximum. The fee for use of the City property is $100 per year, payable five years in advance and is non-refundable once the well is drilled. A $150 application fee is also required and the well must meet City, State and Federal regulations. Each permit will he considered individually by the City Council. October 22, 1991 Page 761 91-50B-761-648 (14.) Staff recommended approval. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to authorize Resolution #3739 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3740 WHEREAS, Bell Dairy Products, Inc. of Lubbock, Texas (herein called "Licensee") and the City of Lubbock (herein called "Licensor") entered into a Street Use License Agreement which is dated October 10, 1974, and is recorded at Volume 1405, Page 655 of the Deed Records of Lubbock County, Texas, for the purpose of Licensee constructing and maintaining a loading dock partially in a dedicated public street as therein described, said Street Use License is incorporated by reference into this; Resolution as if written in detail in this place; and WHEREAS, said Licensee has previously requested the Licensor for an amendment to the terms of said Street Use License to cover two additional tracts of land (which are also parts of a dedicated public streets) to be used for an ammonia enclosure and a silo pad which amendment was granted by the City of Lubbock by passage of Resolution No. 2928 by its City Council, and Licensee has now requested a new amendment to said Street Use License Agreement to cover one additional tract of land (which is also part of a dedicated public street) to be used for the purposes hereinafter set forth; and WHEREAS, Licensor, after consideration of the matter, finds such request will not discommode the public in the use of said dedicated public street and such request should be granted as hereinafter set forth; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: October 22, 1991 Page 762 SECTION 1. THAT in addition to the existing tracts of land (as amended) already licensed to Licensee for construction and maintenance of a loading dock, an ammonia enclosure, and a silo pad, the following additional tract is added by this amendment to said Street Use License as an additional tract of land licensed to Licensee for the purposes as hereinafter stated: METES AND BOUNDS DESCRIPTION of a portion of 2nd Street, North of and adjacent to Lots 8 and 9, Block 1, Perkins Subdivision of Blocks 17, 18, 19, 20 and 21, Roberts & McWhorter Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a "cross" set in concrete in the North line of said Lot 8, Block 1 and the South right-of-way line of 2nd Street for the Southeast corner of this tract, said "cross" bears West 6.61 feet from a 1/2" rod found at the original Northeast corner of said Lot 8, Block 1; THE714CE West, along the North line of said Lots 8 and 9, Black 1 and the South right-of-way line of 2nd Street, a distance of 87.79 feet to a "cross" set in concrete for the Southwest corner of this tract; THENCE North a distance of 3.80 feet to a "cross" set in concrete for the Northwest corner of this tract; THE7NCE East a distance of 87.79 feet to a "cross" set in concrete for the Northeast corner of this tract; THENCE South a distance of 3.80 feet to the Point of Beginning. SECTION 2. THAT by Licensee's payment to Licensor for amendment made through Resolution 2928 on October 13, 1988, as compensation also for the licensing of said one additional tract (being part of the dedicated street as hereinabove stated), Licensee accepts all the terms of the existing Street Use License as applying to the one additional tract of land hereby licensed to Licensee. Such acceptance by Licensee of the terms of said Street Use License as applying to said one additional tract of land is further made by Licensee's previous construction of a loading dock pursuant to the original Street Use License Agreement which is dated October 10, 1974, and is recorded at Volume 1405, rage 655 of the Deed Records of Lubbock County, Texas, an ammonia enclosure and a silo pad constructed pursuant to said Resolution No. 2928 amendment to said License, and the construction of a warehouse with attached loading dock hereby authorized and permitted by this new amendment to said License, and accomplished by this Resolution as now passed by the City Council. The term of the Street Use License shall terminate at the same time as originally provided in said Street Use License Agreement. October 22, 1991 Page 763 SECTION 3. THAT except as Street Use License shall remain hereby ratified and confirmed by and by Licensee's acceptance of aforesaid. hereby amended, the terms of said the same, and as hereby amended is Licensor by passage of this Resolution the terms of this Resolution as Passed by the City Council this 22nd day of October, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ _Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: IsZ Ed Bucy Ed Bucy, Righit-of-4lay Agent APPROVED AS TO FORM: Is1 J. worth Fullingim J. Worth Fulllingim, Assistant City Attorney This Resolution amends the original 20-year Street Use License issued to Bell Dairy, Inc. on October 10, 1974. This is for an encroachment into the south right-of-way of 2nd Street east of University Avenue for a loading dock. It also adds an additional encroachment caused by the construction of a warehouse with attached loading dock which will extend into the right-of-way of 2nd Street in an area of 3.80' in width and 87.79' in length. The total square footage of the encroachment is 333.6 square feet. The original license was amended for the first time on October 13, 1988 by Resolution #2928 to include an ammonia enclosure and a silo pad which encroached into the right-of-way in two tracts along the south side of 2nd Street, just to the west of this new tract. When this license was amended in 1988, the payment was increased to $50 per year which is enough to cover this additional tract. Staff recommended approval. Motion was made by Councilman Aderton, seconded by Councilwoman Baker to authorize Resolution #3740 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50B•-763-649 (15.) Consider a Resolution authorizing the Right Of Way Depa.rtment to make an offer for property acquisition. This item was deleted from the agenda. October 22, 1991 Page 764 91-50B-764-650 (15.) RESOLUTION #3741 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 Funding Agreement/Contract between the City of Lubbock and the Lubbock Housing Authority for public housing to lower and moderate income working 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 22nd day of October, 1991. Zs1 B. C._McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: ZsZ 5andy Ogletree Sandy Ogletree, Community Development Administrator APPROVED AS TO FORM: /sZ Dennis W. McGill Dennis W. McGill, Trial Attorney A copy of the Agreement is filed with Resolution No. 3741. On September 25, 1991, the City Council approved allocation of $50,000 from the Community Development Block Grant Contingency Fund for program expansion of the Lubbock Housing Authority's Drug Elimination Program (2814-B Weber Drive). The expansion will provide funding for two outreach workers, one vocational/occupational specialist, and associated operating expenses. The Funding Agreement includes the project budget, timetable, and Community Development Guidelines. The Agreement was approved by the Lubbock Housing Authority Board of Directors. Staff recommended approval. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to authorize Resolution #3741 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 0 October 22, 1991 Page 765 91-50B-765-651 (17.) Consider Resolution #3742 authorizing the Mayor to -execute a Funding Agreement with Goodwill Industries of Lubbock, Inc. RESOLUTION #3742 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 Funding Agreement/Contract between the City of Lubbock and the Goodwill Industries of Lubbock, Inc., pursuant to the Housing and Development Act of 1974, as amended, specifically including the refurbishment of office service facilities, attached herewith, which shall be -,read 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 22nd day of October, 1991. rsr 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 Dennis W. McGill Dennis W. McGill, Trial Attorney A copy of the Community Development Funding Agreement/Contract for Office Expansion is filed with Resolution No. 3742. On September 26, 1991, the City Council approved allocation of $20,000 from the CDBG Contingency Fund for office expansion at Goodwill Industries of Lubbock, 715 28th Street to include addition of three interior offices, one unit heater and four coolers. The Funding Agreement includes the project budget, timetable, and Community Development Guidelines. The Agreement was approved by the Goodwill Industries of Lubbock Board of Directors on October 14, 1991. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Patterson to authorize Resolution #3742 as recommended by Staff. Motion carried: 7 Yeas; D Nays. ■ October 22, 1991 Page 766 91-50B-766-652 (18.) RESOLUTION #3743 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 Lease Agreement with S. E. Cone, Jr. for rental of the Northernmost hangar on the East ramp of Lubbock International Airport, attached hereto and incorporated in this Resolution as if fully set forth herein and included in the minutes of the Council. Passed by the City Council this 22nd day of October, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: Zsl Ranet:te Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Bern E. Case Bern E. Case, Director of Aviation APPROVED AS TO FORM: s Harold Willard Harold Wiillard, Assistant City Attorney The Lease Agreement with S. E. Cone, Jr. is filed with Resolution No. 3743. This three-year Agreement is for rental of the northernmost hangar on the east side of the Airport. This hangar has been vacant for some time and the $501 per month rental is new income to the Airport. Although this is a new Agreement, S.E. Cone, Jr. is a principal in Chaparral Aviation which has been an Airport tenant for some time. This rental rate of $6,012 per year will be subject to annual CPI adjustments and the effective date of the Agreement is October 1, 1991. The Airport Board approved this item at their August 21, 1991 meeting. Staff recommended approval. Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo to authorize Resolution #3743 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. October 22, 1991 Page 767 91-50B-757-553 (19.) Consider Resolution #3744 authorizing the Mayor to sign an Amendment to an Agreement for services with the Texas Tech University Health_ Sciences Center Child Advocacy Research and Education (C.A.R.E.) Center. RESOLUTION #3744 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and The Child Advocacy Research and Education Center of the Texas Tech University Health Sciences Center School of Medicine, Department of Pediatrics ("C.A.R.E. Center"), relating to the provision of services in investigations of child abuse cases referred to C.A.R.E. Center by the Police Department of the City of Lubbock, at copy of which Agreement is attached, 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 22nd day of October, 1991. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: js/ Ronald Bridgers Donald Bridgers, Chief of Police APPROVED AS I'D FORM: sDennis W. McGill Dennis W. McGill, Trial Attorney s 1s,L B. C. McMinn B. C. MCMINN, MAYOR October 22, 1991 Page 768 THE STATE OF TEXAS § PRESENTS: COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE AMENDMENT TO AGREEMENT FOR SERVICES IN INVESTIGATIONS OF CHILD ABUSE WHEREAS, it is in the public's interest to investigate the physical or mental health or welfare of a child who has been or may be adversely affected by abuse; and WHEREAS, the Police Department of the City of Lubbock is lawfully charged with the investigation of possible instances of child abuse; and WHEREAS, the C.A.R.E. Center of Texas Tech University Health Sciences Center School of Medicine Department of Pediatrics can provide the City with the specialized service of forensic evaluation in suspected child abuse investigations; NOW THEREFORE: THIS AGREEMENT is made this 22nd day of October, 1991, by and between the Texas Tech University Health Sciences Center School of Medicine Department of Pediatrics C.A.R.E Center, hereinafter referred to as C.A.R.E. Center and the City of Lubbock, Texas, hereinafter referred to as City. This Agreement is entered into pursuant to Texas Revised Civil Statutes Annotated, Art. 4413(32c) (Vernon 1976). PURPOSE OF AGREEMENT The purpose of this Agreement is to state the terms and conditions under which C.A.R.E. Center will provide City with medical evaluation, case review, consultation, professional training, and other needed services in investigations of child abuse in cases referred to C.A.R.E. Center by the Police Department of the City of Lubbock. N014 THEREFORE, in consideration of the mutual promises herein contained, thie parties hereto agree: DEFINITIONS LPD -- Police Department of the City of Lubbock. City -- The City of Lubbock, Texas. C.A.R.E. Center -- The Child Advocacy Research and Education Center of the Texas Tech University Health Sciences Center School of Medicine Department of Pediatrics. Referred Case -- a referred case as used in this Contract shall be: lj a case specifically referred to C.A.R.E. Center by City in writing with a request for C.A.R.E. Center services, hereinafter enumerated; October 22, 1991 Page 769 2) a case where C.A.R.E. Center has previously provided the services, hereinafter enumerated, on its own behalf or at the request of a third party and subsequently LPD requests in writing that C.A.R.E. Center furnish copies, reports or performs other services, hereinafter enumerated, and based upon such services initiates a crime report and assigns said case for investigation and notifies C.A.R.E. Center of such fact; 3] a case where C.A.R.E. Center has previously provided the services, hereinafter enumerated, on its behalf or on behalf of a third party and subsequently LPD requests in writing that C.A.R.E. Center furnish copies, reports or performs other services, hereinafter enumerated, and based upon such service so provided determines that no crime report should be created or further investigation had. SERVICES PROVIDED 1. 'The C.A.R.E. Center will provide forensic evaluation for out- patients which includes medical examination, consultation with LPD personnel and a written report on referred cases. 2. 'The C.A.R.E. Center will provide forensic evaluation for hospital inpatients which includes medical examination, consultation with LPD personnel and a written report on referred cases. 3. The C.A.R.E. Center will provide weekly discussion as needed of current; referred child abuse cases by the Multi -disciplinary Case Review Team (MCRT) of which one member is an LPD staff member at the rate of ONE HUNDRED AND NO/I00 DOLLARS ($100.00) per hour. 4. The C.A.R.E. Center will provide eight (8) hours of formal training of LPD personnel in the recognition of child abuse cases, and in the handling of child abuse investigations for which the C.A.R.E. Center will be compensated for eight (8) hours of training and four (4) hours of preparation time at the rate of ONE HUNDRED AND NO/100 OOLLARS ($100.00) per hour. 5. The C.A.R.E. Center will provide such other consultative services as needed in the investigation of child abuse cases referred to the C.A.R.E. Center by LPD, including expert information necessary to support LPD arrests. October 22, 1991 Page 770 COMPENSATION The City shall pay C.A.R.E. Center TWO THOUSAND NINE HUNDRED AND N0/100 DOLLARS ($2,900.00) per month, which is the monthly prorated amount of the estimated THIRTY-FOUR THOUSAND EIGHT HUNDRED AND NO1100 DOLLARS ($34,800.00) in services that C.A.R.E. Center will provide City in a year. The estimated amount of THIRTY-FOUR THOUSAND EIGHT HUNDRED AND NO1100 DOLLARS ($34,800.00) is based on a projected fifty-five (55) referred cases per year plus MCRT and LPD training time. The C.A.R.E. Center will provide outpatient and inpatient services, including three (3) hours of medical examinations and one (1) hour of consultation with LPD and the issuing of a written report at a cost of FOUR HUNDRED AND N0/100 DOLLARS ($400.00) per case (4 hours of services at $100.00 per hour). In the event C.A.R.E. Center requires more than four (4) hours to properly evaluate a case for forensic purposes, C.A.R.E. Center shall secure written authorization from City for compensation for such additional services. To facilitate this method of payment, C.A.R.E. Center will send City a detailed statement at the end of each month indicating what services were provided and the number of hours spent on each referred case. The statement from C.A.R.E. Center will be verified with LPD records and no payment shall be rendered for any case not referred by City. Notwithstanding anything to the contrary contained in this Contract but subject to the minimum amount of payment hereinafter set forth, the City shall compensate C.A.R.E. Center only for those cases which are referred cases and only for the services enumerated in the "Services Provided" clause of this Agreement as requested in writing by LPD. If the services provided City by C.A.R.E. Center in any one month, based on the number of projected referred cases, exceed TWO THOUSAND NINE HUNDRED AND N0/100 DOLLARS ($2,900.00), C.A.R.E. Center shall submit to City an itemized statement justifying an increased amount of payment based on an hourly rate of ONE HUNDRED AND N0/100 DOLLARS ($100.00) per hour. Payment for the increased amount will be made in the next monthly payment or as soon thereafter as possible for City. The TWO THOUSAND NINE HUNDRED AND N01100 DOLLARS ($2,900.00) monthly payment hereinabove set forth shall be the minimum monthly payment as the City recognizes the need for a program of services offered by a service such as C.A.R.E. Center. The existence of this program and its ready availability is of overall benefit to the citizens of the City of Lubbock and is beneficial to the health, safety and welfare of all citizens as it is one method to improve the care and upbringing of our children and help lessen the crime rate because of the prevention or removal of cases from the criminal justice system. Further, the immediate availability of experienced persons to train and assist police officers in the evaluation of cases involving suspected child abuse is of the highest value and importance to the police department. To ensure the City that C.A.R.E. Center is performing the functions it represents that it performs, C.A.R.E. Center shall submit a detailed report at least quarterly to the City Council showing but not limited to the numbers and types of cases it has handled during the proceeding quarter. This report shall also show the nature and extent of research, counseling and prevention programs. The time for submission of said reports shall be determined from the date of this amendment:. The final annual quarterly report shall also contain a summation of said terms for the proceeding year. In no event can the total number of hours for which C.A.R.E. Center is compensated by City exceed eight hundred (800) hours for the term of this Agreement. The City retains the right to audit the books of C.A.R.E. Center respecting the within subject matter. The C.A.R.E. Center will issue to the City a report each four (4) months which summarizes the services provided and compensation received. TERM OF AGREEMENT October 22, 1991 Page 771 The term of this Agreement shall commence on the 1st day of October, 1991, and shall continue in full force and effect through the City's fiscal year, which ends on September 30, 1992, unless terminated earlier by sixty (60) days written notice from either party to the other. The City will pay for the performance of services from current revenues available to City. This Agreement may be renewed annually. C.A.R.E. CENTER'S LIABILITY 'The C.A.R.E. Center shall hold City free from any liability or responsibility for the acts and omissions of C.A.R.E. Center and its authorized agents and employees in the performance of any terms and conditions of this Agreement, and for services rendered by C.A.R.E. Center, insofar as allowed by the laws and Constitution of the State of Texas. CONFIDENTIALITY In keeping with the safeguarding by the medical profession of information about a patient obtained in the course of medical treatment, the results of all evaluations consultations and examinations of cases referred to the C.A.R.E. Center by LPD will be kept in the strictest of confidence by C.A.R.E. Center and its employees. Information about individual child abuse cases will be released only to designated LPD personnel and in compliance with Texas Family Code Annotated, §34.02 (Vernon 1986)� . OTHER PROVISIONS 1. 'This Agreement and all supplements and agreements incidental thereto shall be construed by and governed by the Ordinances of the City of Lubbock and the laws of the State of Texas. 2. -This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 3. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or , unenforceable in any respect, such invalidity, illegality, or unenforceahility shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 4. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject ,matter. 5. This Agreement shall be changed only by written amendment. ■ October 22, 1991 Page 772 0 IN WITNESS THEREOF, the parties to these presents have agreed upon and executed this Agreement for Services in Investigations of Child Abuse this 22nd day of October, 1991. CITY OF LUBBOCK, TEXAS (CITY) BY:Is/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Donald R. Bridgers Donald R. Bridgers, Chief of Police APPROVED AS TO FORM: 5 Dennis W. McGill Dennis W. McGill, Trial Attorney TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER SCHOOL OF MEDICINE DEPARTMENT OF PEDIATRICS C.A.R.E CENTER BY:/s/ Name Not Legible TITLE: Director ATTEST: TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER s Elmo M. Cavin for PRESIDENT s Elmo M. Cavin VICE PRESIDENT for Fiscal Affairs 1sZ Muheie Gilmoui Associate General Counsel This is for renewal of the C.A.R.E. Center Services Contract, which the City Council approved on November 5, 1990. The C.A.R.E. Center will receive $2,900 per month (the monthly pro -rated amount of the estimated $34,800 in services which the City will receive from the C.A.R.E. Center). The 1991-92 allocation of $34,800 is based on a projected 55 referred cases per year which result in examination, plus multi -disciplinary case review team discussion and Lubbock Police Department training time. In the event that services provided by the C.A.R.E. Center exceed $2,900, the Center will submit to the City an itemized statement justifying the increase based on the rate of $100 per hour. October 22, 1991 Page 773 To ensure that the C.A.R.E. Center is performing the functions it represents, the Contract requires that the Center submit to the City Council a detailed quarterly report showing the number and types of cases it has handled during the preceding quarter. This is in addition to the detailed monthly statement of services and the number of hours spent on each referred case, which the Center submits to the Lubbock Police Department. The Contract outlines five services the C.A.R.E. Center has agreed to provide the Lubbock Police Department during fiscal year 1991-92. 1. Outpatient Forensic Evaluation: The C.A.R.E. Center will provide outpatient forensic evaluation, which includes medical examination, consultation with LPD personnel and a written report on referred cases. 2. Hospital Inpatient Forensic Evaluation: The C.A.R.E. Center will provide hospital inpatient forensic evaluation which includes medical examination, consultation with LPD and a written report on referred cases. 3. Multi-Discinlinary Case Review Tea (MCRT): The C.A.R.E. Center will provide weekly discussions, of current referred child abuse cases by the MCRT as necessary. One member of the Team is an LPD staff member. 4. LPD Training: The C.A.R.E. Center will provide eight hours of formal training of LPD personnel in the recognition of child abuse cases and in the handling of child abuse investigation. LPD will compensate the C.A.R.E. Center for eight hours of training and four hours of preparation time for this training. 5. Other Consultative Services: The C.A.R.E. Center will provide other consultative services as needed in the investigation of child abuse cases referred to the C.A.R.E. Center by LPD, including expert information necessary to support LPD arrests. This Contract has been reviewed by Dr. Garcia, of the C.A.R.E. Center, as well as by the legal counsel for the Texas Tech University Health Sciences Center and the City of Lubbock. Although the data for the final month of last year's contract has not yet been received, the eleven month summary of cases total for 1990-91 is as follows: Referred: 187 Exams: 41 Consultations: 21 MCRT: 7 Training: a Other Services: 7 October 22, 1991 Page 774 91-50B-774-654 (20.) Motion was made by Councilwoman Trejo, seconded by Councilman Maloy to authorize Resolution #3744 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3745 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 775 THROUGH 800, LAKERIDGE COUNTRY CLUB ESTATES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 775 through 800, Lakeridge Country Club Estates Addition has complied with the provision of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, by providing the water and sewer improvements for said Addition in accordance with paragraph 156 of said Chapter 28; and WHEREAS, the total utility cost to the developer is $59,341.45 with the improvements constructed by Craft Construction Corporation having a value of $53,666.93 as determined by the unit prices established by said Chapter 28 and $5,674.52 cash paid to the City, including $4,000.44 for adjacent line costs, with Jackson Development Corporation, the developer to receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed) under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTIONI 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $0.00 be made in accordance with said Chapter 28. 4 October 22, 1991 Page 775 SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after is passage. Passed by the City Council this 22nd day of October, 1991. Is1 B. C. McMinn B. C. McMINN, MAYOR ATTEST: Is/ Ranette Boyd Ranette Bovd, City Secretary APPROVED AS TO CONTENT: ZsZ Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: s J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $59,341.45, including $53,666.93 in construction costs and $5,674.52 paid to the City. $4,000.44 of the City's cost was for adjacent line costs. J acksboro Development Corporation, the Developer, will not receive a refund in accordance with Chapter 28 of the Code of the City of Lubbock. There is no refund of deposit. Staff recommended acceptance of these improvements. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to authorize Resolution #3745 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50B-775-655 (21.) Consider -Resolution #3746 authorizing mortgage loans to be made to the residents of the City of Lubbock pursuant to the South Plains Housing Finance Corporation single-family mortgage revenue bonds. w October 22, 1991 Page 776 RESOLUTION #3746 CERTIFICATE FOR RESOLUTION AUTHORIZING MORTGAGE LOANS TO BE MADE TO THE RESIDENTS OF THE CITY OF LUBBOCK PURSUANT TO THE SOUTH PLAINS HOUSING FINANCE CORPORATION SINGLE FAMILY MORTGAGE REVENUE BONDS (GNMA MORTGAGE -BACK SECURITIES PROGRAM) SERIES 1991 We, the undersigned Mayor and City Secretary of the City of Lubbock, Texas (the "City"), hereby certify as follows: 1. The City Council (the "Council") of the City of Lubbock convened in regular session at 10:00 a.m. on October 22, 1991 (the "Meeting") at the designated meeting place, and the role was called of the duly constituted members of the Council, to wit: Name: B. C. McMinn T. J. Patterson MI. J. Aderton Bi11 Maloy Gary Phillips Joan Baker Maggie Tre j o Office: Mayor Mayor Pro-Tem Councilman Councilman Councilman Councilwoman Councilwoman All such persons were present, except the following absentees: None thus constituting a quorum. Whereupon a written: RESOLUTION AUTHORIZING MORTGAGE LOANS TO BE MADE TO THE RESIDENTS OF THE CITY OF LUBBOCK PURSUANT TO THE SOUTH PLAINS HOUSING FINANCE CORPORATION SINGLE FAMILY MORTGAGE REVENUE BONDS (GNi�A MORTGAGE -BACKED SECURITIES PROGRAM] SERIES 1991 (the "Resolution") was duly moved and seconded and, after due discussion, said motion, carrying with it the adoption of the Resolution, prevailed and carried by the following votes: Ayes: 7 Noes: 0 2. A true, full, and correct copy of the Resolution is attached to and follows this Certificate; the Resolution has been duly recorded in the minutes of the Meeting; the above and foregoing paragraph is a true, full and correct excerpt from the minutes of the Meeting pertaining to the adoption of the Resolution. The persons named in the above and foregoing paragraph are the duly elected, qualified, and acting members of the Council; each of such members was duly and sufficiently notified officially and personally, in advance of the time, place and purpose of such meeting, and that the Resolution would be introduced and considered for adoption at that Meeting and each of such members consented, in advance, to the holding of the Meeting for such purpose. Signed and sealed this 22nd day of October, 1991. /s/ B. C. McMinn B. C. McMinn, Mayor ATTEST: s Ranette Boyd Ranette Boyd, City Secretary October 22, 1991 Page 777 RESOLUTION AUTHORIZING MORTGAGE LOANS TO BE MADE TO THE RESIDENTS OF THE CITY OF LUBBOCK PURSUANT TO THE SOUTH PLAINS HOUSING FINANCE CORPORATION SINGLE FAMILY MORTGAGE REVENUE BONDS (GNMA MORTGAGE -BACKED SECURITIES PROGRAM SERIES 1991) WHEREAS, the South Plains Housing Finance Corporation (the "Corporation"), a public non-profit corporation, was created by Resolutions adopted by the Commissioners Court of fourteen counties and the City Council of Plainview, Texas, including the County of Lubbock, Texas, pursuant to and in accordance with the Texas Housing Finance Corporations Act, 394.001 at seq. Texas Local Government Code, as amended (the "Act"); WHEREAS, the City of Lubbock, Texas (the "City") is located within the County of Lubbock, Texas, and has, pursuant to the Act, created a public non-profit housing finance corporation authorized to issue single family mortgage revenue bonds in accordance therewith, on behalf of the City; WHEREAS, pursuant to the Act, the Corporation intends to issues its single family mortgage revenue bonds (GNMA Mortgage -Backed Securities Program) Series 1991 (the "Bonds") in the approximate aggregate amount of $18,410,000 in order to provide funds to purchase mortgage loans from participating lenders that have been made to eligible borrowers to finance owner -occupied single family residential housing within the jurisdiction of the local governmental units on whose behalf the Corporation was created; WHEREAS, Section 394.005 of the Act requires that for the Act to apply to property located within a municipality having more than 20,000 inhabitants, the governing body of the municipality must approve the application of the Act to that property; and WHEREAS, it is found and determined that it is within the best interest of the -inhabitants of the City, and will promote the public welfare and public purposes of the Act for the proceeds of the Bonds issued by the Corporation to be used to purchase home mortgages for homes located within the City. NOW, THEREFORE, be it resolved by the City Council of the City of Lubbock, Texas that: 1. The use of the proceeds of the South Plains Housing Finance Corporation Single Family Mortgage Revenue Bonds (GNMA- Mortgage-Backed Securities Program) Series 1991 to purchase home mortgages for homes located within the territorial limits of the City is hereby authorized and approved, and the inclusion of the City within the "eligible loan area" as used and defined in the Sale, Servicing and Administration Agreement, to be entered into by and between the Corporation, the party named as Trustee therein, and the participating lenders named therein in connection with South Plains Housing Finance Corporation Single Family Mortgage Revenue Bonds (GNMA Mortgage -Backed Securities Program) Series 1991 is hereby approved. 2. The Mayor, the City Manager, the City Secretary and any member of the City Council and any other officer of the City are hereby authorized jointly and severally, to execute and deliver such endorsements, instruments, certificates, documents or papers necessary or vital to carry out the intent and purposes of this Resolution. October 22, 1991 Page 778 The South Plains Housing Finance Corporation was organized and is operated by the South Plains Association of Governments. It covers 14 counties and the City of Plainview. The Corporation will issue single-family mortgage bonds in the amount of $18,410,000 and in order to make the program successful, is requesting that the mortgages be allowed inside the City of Lubbock, as well as the area covered by the Corporation. State law requires City Council approval of these mortgages being made inside the City limits of Lubbock. The bonds issued by the Corporation are similar to the bonds issued by the Lubbock Housing Finance Corporation, and there is no liability to the City of Lubbock. Many of these programs have been executed in the past and have been successful in assisting home owners with lower interest rate loans. Staff memo advised that this financing is in the best interest of the community as it provides low - interest rate loans for home owners inside the City of Lubbock, as well as in the 14-County area. Staff recommended approval. Motion was made by Councilman Aderton, seconded by Councilwoman Trejo to authorize Resolution #3746 as recommended by Staff. Motion carried: 7 Yeas; 0 Hays. 91-50B-778-656 (22.) BID #11560--Iron and steel (Central Warehouse). Fields & Co.--600 ea. 2"X10.5' galvanized pipe. Western Industrial--1,000' 4" Class 150 ductile iron pipe. Motion was made by Councilwoman Baker, seconded by Councilman Maloy to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. October 22, 1991 Page 779 91-50B-779-657 (23.) BID # 1481--36" Effluent Pipeline, and authorize same (Water Utilities). RESOLUTION #3747 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 H. D. Weaver Hitching, Inc., for the construction of a 36 inch effluent pipeline, 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 hie the City Council this 22nd day of October, 1991. ATTEST: IsZ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: s Harald Millard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS :rIi10►�trlhi��lB:TiIrl.� IsI B. C. McMinn B. C. McMINN, MAYOR THIS AGREEMENT, made and entered into this 22nd day of October, 1991 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and H. D. Weaver Ditching, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. MITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 111481--36" Effluent Pipeline (Water Utilities) in the amount of $766,022.49 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. October 22, 1991 Page 780 The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: s Beatriz M. Rodriguez Secretary APPROVED AS TO CONTENT: s Dan Hawkins ATTEST: s John Sims Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ B. C. McMinn Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver /s/ H. D. Weaver H. D. Weaver Ditching, Inc. CONTRACTOR By: H. D. Weaver TITLE: President COMPLETE ADDRESS: H. D. Weaver Ditching, Inc. P.O. Box 5574 Lubbock, Texas 79417 Motion was made by Councilwoman Baker, seconded by Councilman Maloy to authorize Resolution #3747 as recommended by Staff. Motion carried: 7 Yeas; O Nays. October 22, 1991 Page 781 91-50B-781-658 (24.) BID #11521--Property Insurance, and authorize same (Finance Department). RESOLUTION #3748 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 City of Lubbock and Broussard, Bush, Hurst of Texas, Inc., for property 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 22nd day of October, 1991. ATTEST: Zsl Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene _Fads Gene Eads, Purchasing Manager APPROVED AS TO FORM: s Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK Isl B. C. McMinn B. C. McMINN, MAYOR THIS AGREEMENT, made and entered into this 22nd day of October, 1991 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Broussard, Bush, Hurst of Texas, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and compllete the construction of certain improvements described as follows: BID NO. 11521--Property Insurance (Finance Department) in the amount of $62,823.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) ❑wn proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary t❑ complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. October 22, 1991 Page 782 The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: s Ranette Boyd Secretary APPROVED AS TO CONTENT: ATTEST: Inc. Secretary CITY OF LUBBOCK, TEXAS (OWNER) Isl B. C. McMinn Mayor APPROVED AS TO FORM: Broussard, Bush, Hurst of Texas, CONTRACTOR By: TITLE: COMPLETE ADDRESS: Broussard, Bush, Hurst of Texas, Inc. 3223 S. Loop 289, Ste #560 Lubbock, Texas 79423 Broussard, Bush, Hurst of Texas, Inc. --Building & contents coverage, annual premium for 3-year policy. Motion was made by Councilwoman Baker, seconded by Councilman Maloy to authorize Resolution #3748 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50B-782-659 (25.) BID #11588--Annual Contract for Abandoned Vehicle Towing and Storage (Police Department). Lubbock Wrecker Service --Removal, preservation and storage of vehicles. Motion was made by Councilwoman Baker, seconded by Councilman Maloy to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50B-782-660 (26.) BID##11603--Granul-ated UREA (Lubbock International Airport). - 2ipp Industries, Inc.--100 tn. granulated UREA. ■ Motion was made by Councilwoman Baker, seconded by Councilman Maloy to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. October 22, 1991 Page 783 91-50B-783-661 (27.) BID #11583--Annual pricing for protective clothing (Fire Department). Casco Industries, Pasadena--] Lot structural firefighting clothing. Motion was made by Councilwoman Baker, seconded by Councilman Maloy to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50B-783-662 (28.) Hold an Executive Session to discuss personnel matters regarding duties, responsibilities andl_or appointments to: Lubbock County Appraisal District Board of Directors 91-508-783-663 (29.) Consider Resolution #3749 casting _votes for _the Lubbock Central Appraisal District Board of Directors. RESOLUTION #3749 WHEREAS, there has been enacted in the State of Texas a Property Tax Code, V.A.C.S., relating to the ad valorem taxation of property; and WHEREAS, the Property Tax Code, V.A.C.S., authorizes the establishment of appraisal districts to be governed by a Board of Directors; and WHEREAS, the City of Lubbock is a taxing unit within the District entitled to cast votes for the election of persons to the Board of Directors of the District; and WHEREAS, the City of Lubbock is desirous of casting its votes for the election of persons to constitute the Board of Directors; and WHEREAS, the Lubbock County Clerk has prepared a ballot of candidates for the Board of Directors and has determined that the City of Lubbock is entitled to cast 1469 votes in the election of the District's Board of Directors; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the 1469 votes of the City of Lubbock are cast for the candidates for the Lubbock County Appraisal District Board of Directors as follows: NAME NO. OF VOTES Crliswell, W.B. 734.5 Faulkner, Aubrey 734.5 October 22, 1991 Page 784 THAT a copy of this Resolution BE submitted to the Lubbock County Clerk before November 15, 1991, in order that the votes of the City of Lubbock may be counted. Passed by the City Council this 22nd day of October, 1991. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: ZsZ J. Robert Massengale J. Robert Massengale Assistant City Manager APPROVED AS TO FORM: ZsZ Don Vandiver Don Vandiver, Assistant City Attorney 91-508-784-664 ( 6.) Is/ B. C. McMinn B. C. McMinn, Mayor Motion was made by Councilman Phillips, seconded by Councilwoman Baker to authorize Resolution #3749, casting City of Lubbock votes to the Lubbock County Appraisal District Board of Directors as follow: W.B. Criswell--734.5 votes; and Aubrey Faulkner-- 734.5 votes. Motion carried: 7 Yeas; 0 Nays. Block E-2. ORDINANCE #9487 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2526-A; A ZONING CHANGE FROM C-2, R-2 AND R-I TO A-2 ZONING, LIMITED TO CHURCH USES ON A TRACT OUT OF SECTION 13, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. David Goyette appeared on behalf of Indiana Avenue Baptist Church to present this request for zone change. No one appeared in opposition. Mayor McMinn closed the hearing at 10:34 a.m. David Jones, Director of Planning, stated that this church will occupy a 48-acre tract of land at the ■ northeast corner of 98th and Indiana. The proposal includes approximately one-half of the current C-2, all of the R-2 buffer, and about 25 acres of land which was R-I when the area was annexed. The entire undeveloped area of this quadrant will be owned by the church. October 22, 1991 Page 785 Mr. Jones gave the adjacent land use relationships as follows: North - single family South - commercial and A-2 East - single family West - C-2, A-2, R-2 undeveloped 1/2 block of developed R-1 According t❑ Staff memo, the Comprehensive Land Use Plan has tw❑ criteria for churches and this request meets bath of these as follow: 1. Adjacent to thoroughfares - At 98th and Indiana. 2. On the perimeter of neighborhoods. The Code requires a screen fence at those locations across the alleys from R-1 and these are the entire north line and about half the east side. With the requirement of the standard Site Plan review for mailing notices to adjacent residents, the only other concern expressed by Staff was a zoning condition to reinforce the request of neighbors that Geneva not be continued through the site to Indiana and that there be no access to the site from Gary on the east. Staff recommended that Geneva remain a stub as the expense for a cul-de-sac would he excessive for the half block length south of 94th Street. Although Staff does not normally recommend leaving a stub, this will provide a practical solution for the neighborhood and the church. With the fence requirement and no access from Geneva and Gary, there was no opposition to the church proposal. The church will create an increase in traffic, but 98th and Indiana are planned seven -lane thoroughfares. Staff supported Council approval of the request as recommended by the Planning and Zoning Commission with the following three conditions: 1. Limited to church and church -related uses. 2. A Site Plan, including building elevations showing materials, color and texture, will be submitted and approved by the Planning and Zoning Commission prior t❑ the issuance of a building permit. Notice will he sent to those within the 200' notice area. 3. Geneva will remain a street stub with n❑ access to the church property, and no access shall be allowed to the church property from Gary between 95th and 97th Street. w October 22, 1991 Page 786 Motion was made by Councilman Maloy, seconded by Councilman Aderton to pass on first reading Ordinance #9487 with conditions recommended by P&Z and City Staff and stipulating that any future building changes also be subject to Site Plan Review by P&Z with notice being given to those within 200' of the church. Motion carried: 7 Yeas; 0 Nays. 91-50B-786-66!5 { 7.) Hold a Public Hearing on a Proposed Ordinance Amendment to allow outside service for restaurants in the C-2A District, and consider ordinance. ORDINANCE #9488 AN ORDINANCE AMENDING CHAPTER 29 DF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS ENTITLED "ZONING", BY AMENDING SECTION 29-16(c)(37) TO PERMIT RESTAURANTS WITH ACCESSORY PASSOUT WINDOWS AND OUTSIDE DINING AREAS IN C-2A ZONES; BY AMENDING SECTION 29-3 BY ADDING SECTIONS 29-3(97.1.1) AND 29-3 (97.1.2) DEFINING RESTAURANTS WITH ACCESSORY PASSCOUT WINDOWS AND OUTSIDE DINING AREAS; AND BY AMENDING SECTIONS 29-16(1)(1)k AND 29-16(1)(1)l REGARDING OFF STREET PARKING FOR OUTSIDE DINING AREAS OF LESS THAN TWO HUNDRED FIFTY (250) SQUARE FEET; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. David Jones, Director of Planning, presented this request for an amendment to allow outside service for restaurants in the C-2A District. No one appeared in opposition. Mayor McMinn closed the hearing at 10:39 a.m. According to Staff memo, in response to an increased interest in the restaurant community, as well as Downtown Redevelopment Study suggestions, Staff proposed an Amendment to the C-2A "restaurant" definition to allow outside dining patios. Within the existing Code, business outside a building is allowed only in the C-4 District (eg. The Depot outside patio). In C-2A, C-2 and C-3, businesses are required to obtain Zoning Board of Adjustment approval for outside patios (eg. Abuelo's). This proposal allows for areas outside the structure which must have a containment fence (minimum 3' height), be accessed by doors from the restaurant, and have only background level music. Bands, PA systems, and other amplified sources of noise are not permitted. The proposal allows encroachment into the standard 43' setback to a 25' setback, and this will allow small patios on the front or side of existing restaurants. For patios greater than 250 square feet, the total square footage will be added to the formula for required parking. The Planning and Zoning Commission agreed to this change and Staff supported the Planning and Zoning Commission recommendation. Motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass on first reading Ordinance #9488 as recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Hays. October 22, 1991 Page 787 91-50B-787-666 ( 8•) and consider Ordinance. ORDINANCE #9489 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "ZONING", BY ADDING TO SECTION 29-3, A DEFINITION FOR "GROUP HOUSING FOR HANDICAPPED PERSONS", BY AMENDING SECTION 29-7 ENTITLED "R-1, SINGLE FAMILY DISTRICT" BY ADDING SECTION 29-7(c)(9) TO MAKE GROUP HOUSING FOR UP TO FOUR (4) HANDICAPPED PERSONS A PERMITTED USE IN SUCH DISTRICT; BY ADDING SECTION 29-7(d)(9) TO MAKE GROUP HOUSING FOR FIVE (5) OR MORE HANDICAPPED PERSONS A CONDITIONAL USE IN THE "R-1" SINGLE FAMILY DISTRICT"; BY AMENDING SECTION 29-30(b) TO PROVIDE REQUIREMENTS FOR PERMITS FOR GROUP HOMES FOR HANDICAPPED PERSONS; AND BY REPEALING THE WHOLE OF SECTION 29-28(f)(2)m ENTITLED "GROUP HOUSING FOR MENTALLY RETARDED PERSONS"; PROVIDING FOR PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. David Jones, Director of Planning, gave an overview ❑f this request (by the City of Lubbock) regarding proposed ❑rdinance concerning handicapped in an R-1 District. Jean Shotts, Assistant City Attorney, presented the legal aspects of this request. Mr. Shotts explained that the definition for "handicapped individual" includes persons recovering from addiction t❑ drugs ❑r alcohol. Mr. Shotts then stated that the Federal Fair Housing Act (amended in 1988) makes it unlawful "to discriminate in the sale ❑r rental, ❑r t❑ ❑therwise make unavailable ❑r deny, a dwelling t❑ any buyer ❑r renter because ❑f a handicap of ... a person residing in ❑r intending to reside in that dwelling..." and that this recommended action is in direct response to those requirements. According t❑ Staff memo, throughout this process the, Department ❑f Justice has indirectly noted their intent to sue if the City does not make a reasonable accommodation for handicapped persons in the R-1 District. N❑ definition ❑f "reasonable accommodation" exists in the Fair Housing Act, and no lawsuits have made it through the Supreme Court to provide a judicial interpretation since 1989. Mr. Shotts and Mr. Jones advised that the Ordinance recommended by the Planning and Zoning Commission will, in Staff's ❑pinion, provide "reasonable accommodation" for handicapped persons t❑ live in group homes and protect the integrity of single-family neighborhoods to the greatest extent available. Staff's objective, as supported by the Planning and Zoning Commission, is t❑ provide for the minimum number of unrelated persons in a handicapped group facility that will pass challenges under the Fair Housing Act, and includes all handicapped, not just elderly persons. w October 22, 1991 Page 788 Mr. Jones went on to advise that the proposed ordinance supports the federal effort to deinstitutionalize handicapped persons by helping to provide an opportunity for those individuals to Iive in stable and affordable housing in settings that maximize community integration and opportunities for acceptance. The proposed ordinance provides for reasonable accommodations in rules, policies and practices and by doing so supports decentralization as a method of assuring that handicapped persons are allowed to reside in residential neighborhoods. Mr. Jones said that the Staff had spent hours in research and three work sessions with the Planning and Zoning Commission discussing the testimony which was presented and in looking at other alternatives. He stated that it is with the intent of reasonable accommodations that the proposed ordinance make six major changes: (1) Adds a definition for group housing for handicapped persons as being a shared residential living arrangement for up to four handicapped persons, supervised by one or more primary care givers. The issue of allowing only four handicapped persons, according to Mr. Jones, has been highly contested throughout the hearings. He stated that testimony was given that four is too few to take care of in order to make the care facility economically feasible. Mr. Jones stated, however, that the Texas Statutes do not recognize economics as having any standing in matters of land use law and advised that this issue is completely a question of land use compatibility and not an issue of economics. Mr. Jones went on to say that testimony had been given that the provision for no more than four handicapped had no basis and was inconsistent with numbers found in other states. Mr. Jones stated that the number "four" is based on census data that confirms the dominance of three -bedrooms in the majority of homes in Lubbock, using the logic that two persons per bedroom (which would be in keeping with the intent of maintaining a residential neighborhood) times two rooms (with one being set aside for the resident or care provider) equal a total of four patients. (2) Also included is a definition of "handicapped" which was lifted from the Federal Fair Housing Act. October 22, 1991 Page 789 (3) The proposal amends the R-1 single-family section of the Zoning Ordinance t❑ allow one of these group homes to operate under permit with four or fewer handicapped persons as an allowable use. To operate with five or more patients, the same permit is required along with a special exception granted by 28A. The permit fee is $25.00 and is renewable annually. (4) Specifies that each care facility can have a maximum of two persons per bedroom with certain square footage requirements modeled after the State MHMR Qualified Homes and that a separate bedroom be set aside for the care provider or resident. (5) Specifies that each care facility will be inspected by the City Health and Fire Departments. Mr. Jones stated that this is the second most controversial requirement and that it had been argued that if the City inspects facilities with four or more patients it will be a duplication of state inspections of those same facilities. According to Mr. Jones, all facilities which are not inspected by the State and which have three or fewer persons, will be inspected by the City. (6) Specifies that no other group living arrangements shall be located within the radius of 600' of the homes for which the permit is required. Mr. Jones said that this will be measured from property line to property line, and that the goal here is to allow a larger number of smaller homes to keep the residential character. According to Staff memo, a number of opinions have been expressed about the appropriate number of handicapped persons in a group home and opinions ranged from I to 20. Also, the requirement for 600' spacing is intended to prevent "compaction" and to preserve the residential character of the neighborhoods through decentralization. October 22, 1991 Page 790 0 Staff memo cited that in January, 1989, the Griffin family, 2510 Slide Road, requested approval by the Zoning Board of Adjustment to include a group home under customary home occupation, and this request was refused due to neighborhood opposition. Through subsequent efforts and threats of legal action, the proposed Ordinance has been designed to balance the new federal requirement of reasonable access for the handicapped and the current exclusion of more than two unrelated persons in the R-1 Zone. Staff anticipates a lawsuit if nothing is done and fears the result would be an inability to have control. According to the Zoning Code, the prohibition of more than two unrelated individuals creates an automatic disadvantage for a group of unrelated handicapped persons to live in a residential setting with adequate care. Staff memo further stated that a common subject in the eight hours of public comments before the Planning and Zoning Commission was a well -coordinated effort by Mr. and Mrs. Griffin to allow the number of bedrooms in a residence to dictate the number of handicapped residents, and their entire effort is to allow 10-12 persons at 2510 Slide. They disguised that basic intent with presentations by two civil rights attorneys, executive director of a personal care facility state association (TORCH), an employee from 2510 Slide, relatives and friends whose parents are in rest homes, a local Legislator, and many residents of the Frontier Living Center. As noted earlier, the emphasis by the Griffins and press coverage has been only on elderly and not the much larger group of handicapped which the law requires the City to address. A smaller but equally adamant number of citizens in opposition representing several neighborhoods are against any change of R-1 to allow these "businesses" in their areas. Each of those persons had some past experience with a group home, either at 2510 Slide or at a number of the MHMR Group homes which are exempt from local zoning and deed restrictions by State law. Those speaking in opposition to this request were: Mary Nell Griffin, Co -Owner of Frontier Living Center Art Griffin, Co -Owner of Frontier Living Center Wayne Smith, 5205 26th Street Nancy Brownlee, 2406 Slide Chris Prentiss, Advocacy, Inc. Those speaking in favor of this request were: Rene Wharton, Foster Home Care Business Gary Rothwell, Realtor/Builder and President of West Texas Home Builders David Rocco, 2122 16th Street, and Cecil Puryear signed up but did not testify. October 22, 1991 Page 791 Mayor McMinn closed the hearing at 11:44 a.m. Following testimony, Council questioned Randy Henson regarding the issues of live-in caretakers, and ensuring quality care of those in the homes. Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo to pass on first reading Ordinance #9489 as recommended by P&Z and City Staff. Motion carried: 6 Yeas; 1 Nay --Councilman Aderton. There being no further business to come before Council, motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to adjourn the meeting at 11:53 a.m. Motion carried: 7 Yeas; C Nays. e 10 . C. McMinn May r ATTEST: 4 Ran t+e Bvyd, City Se retary Read and approved this the 14th day of November, 1991. C. McMinn4 Mayor ATTEST: Ran tte Boyd, City Se retary