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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/23/1984AUG 23 1984 560 REGULAR CITY COUNCIL MEETING MINUTES AUGUST 23, 1984 The City Council of the City of Lubbock, Texas met for its regular meeting Thursday, August 23, 1984 at 9:30 a.m, in the City Council Chambers, Second Floor, City Hall, Lubbock, Texas. Those present: Mayor Alan Henry, Mayor Pro Tem George W. Carpenter, Councilwoman Maggie Trejo, Councilman T.J. Patterson, Councilman Bob Nash, Councilman E. Jack Brown, Councilwoman Joan Baker, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Absent: None 84-43A-560-939 The invocation was given by Sam Wahl, Director of Water Utilities. 84-43A-560-940 2.) The Pledge of Allegiance to the Flag was given in unison by those in the Council Chambers. 84-43A-560-941 3.) Approval of the Minutes of the August 9, 1984 City Council Meeting. Motion was made by Councilman Patterson and seconded by Councilwoman Trejo to approve the Minutes of the August 9, 1984 City Council Meeting. Motion carried: 7 Yeas; 0 Nays 84-43A-560-942 4.) Board Appointments: Civic Centers Board Receiving: Mabry Brock Lubbock Municipal Arts Committee Receiving: Raymond Powell (Representing Urban Design Commission) Susie Moore (Representing Lubbock Cultural Affairs Council) Anita Taylor (Representing the Civic Centers Board) Vivian Cooke (Member At -Large) Sammy Ribble (Member At -Large) Community Services Commission Receiving: Carlota Ramos (Private Sector Representative Proclamations August 23, 1984--"Dwight Goodman Day" Receiving: Dwight Goodman September 3, 1984--"Great Yellowhouse Canyon Raft Race" Receiving: O.V. Scott, Parks and Recreation Board Stan Castle, KSEL Radio Steve Coggins, KSEL Radio 84-43A-561-943 ( 5.) NCO Of The Quarter Receiving: Staff Sergeant Daniel G. Flynn 84-43A-561-944 6.) Jeff Rea will appear on behalf of Phi Kappa Psi to re uest a Loudspeaker Permit on August 30, 1984 at 2416 Broadway. This agenda item concerns a request by Phi Kappa Psi for a Loudspeaker Permit for a band on August 30, 1984. The band will play from 4:00 p.m. to 7:00 p.m. in the lodge's parking lot located behind the building at 2416 Broadway. The parking lot is surrounded by a 20' wall. The proponents surveyed adjacent businesses concerning their request and there was no opposition. Motion was made by Councilman Nash, seconded by Councilman Patterson, to approve the Phi Kappa Psi request for a Loudspeaker Permit for August 30, 1984. Motion carried: 7 Yeas; 0 Nays. 84-43A-561-945 7.) Sammie Prather will appear on behalf of Electric Ear to request a Loudspeaker Permit ,in conjunction with a Labor Day Sale. Sammie Prather, representing the Electric Ear, appeared to request a Loudspeaker Permit for a band to play on September 1, 1984 from 1:00 p.m. to 3:00 p.m. in the Home Pro parking lot, located at 50th Street and Memphis Avenue, in front of the Electric Ear. This permit is being requested in conjunction with a Labor Day weekend sale by Electric Ear. The proponents have surveyed the adjacent businesses concerning this request and found no opposition. Motion was made by Councilman Brown, seconded by Councilwoman Baker, to authorize the Loudspeaker Permit requested by the Electric Ear for September 1, 1984. Motion carried: 7 Yeas; 0 Nays 84-43A-561-946 8.) Gregory F. Smith will appear on behalf of 14th Street Bar and Grill to request a Loudspeaker Permit and a Street Use License in conjunction with a festival on September 3, 1984. Gregory Smith, on behalf of the 14th Street Bar and Grill, appeared to request permission to block off 14th Street from University to the middle of the block between University and Avenue X, to hold fund-raising activities for Muscular Dystrophy. This event took place last year and this year will again consist of live bands, a food and drink area, artist vendors, dunking booths, etc. The booths and food area will be located on the parking lot owned by the 14th Street Bar and Grill. The street blockage is requested so people can safely cross 14th Street and attend activities on both sides. Street Use Permits are used when streets are blocked off for commercial events or events that are open to the general public. Mr. Smith stated that the request differs from last year in the method for securing the area, and in how alcoholic beverages will be handled. Mr. Smith has requested that the Street Use License permit him to secure the affected area with a fence to allow the promoters to charge admission to enter the Streetfest area. The Street Use License will AUG 23 1984 562 Beverage Commission has granted permission to the Streetfest proponents to allow for drinking of alcoholic beverages anywhere within the secured area. The Street Use License will contain the following provisions: 1. Licensee shall pay the City of Lubbock a $150 non-refundable permit application fee. 2. Licensee shall pay the City of Lubbock $50 as compensation for the use of the streets. 3. The proponents have estimated that approximately 1,000 people will attend this event and Mr. Smith is working directly with the Police Department to obtain adequate security. As last year, eight off -duty officers will be hired to patrol this area. In addition, the sponsors will have eight to ten other individuals who will serve in a security role. One officer must be assigned to patrol the entrance and exit to insure that no one is permitted to leave the secured area with alcoholic beverages. 4. All electrical service installations must be approved by the City of Lubbock Building Inspection Department. 5. The proponents must provide for adequate waste facilities and have the proposed area cleaned by 9:30 a.m., Tuesday, September 4, 1984. 6. Licensee must obtain public liability and property damage insurance and the policy shall name the City of Lubbock as an additional insured in the following amounts: (A) For damages arising out of bodily injury or death of one person in any one accident - $100,000. (B) For damages arising out of bodily injury to or death of two or more individuals in any one accident - $300,000. (C) For damage to or destruction of property in any one accident - $100,000. (D) Evidence of such policy shall be given to the City of Lubbock contemporaneously with the acceptance and execution hereof by Licensee. 7. Licensee must furnish the City of Lubbock with proof that alcoholic sales have been approved by the Texas Alcoholic Beverage Commission at the location named herein, if such sales are to be conducted. 8. Licensee will provide for emergency entrance into the affected area for emergency vehicles. In addition, the Fire Marshal will be on the site the day prior to the Streetfest to inspect the entrance area and other potential hazards. 9. Licensee must obtain all applicable City of Lubbock Health Department permits for temporary sales of food and beverages. 10. Licensee must provide suitable toilet facilities for public use at a ratio of not 1p-,-, than nnp unit fnr Pvpry 100 563 AUG 23 1984 11. Licensee must obtain and have available emergency medical aid on the site during all hours of operation. Such aid stations shall be marked so as to be readily identifiable. 12. Failure of Licensee to abide by the terms of this agreement will result in immediate revocation without prior notice. 13. The cash amounts herein set out to be paid by Licensee shall be paid in a lump sum no later than August 23, 1984. Streetfest organizers canvassed the affected area residents and businesses and there was no opposition. STREET USE LICENSE THE STATE OF TEXAS THE CITY OF LUBBOCK This agreement made this 23rd day of August, 1984 between the City of Lubbock, Texas and Gregory F. Smith, General Manager of 14th Street Bar & Grill, hereinafter called "Licensee." WITNESSETH: Subject to the terms, conditions and provisions herein, the City of Lubbock hereby grants to the Licensee the right, privilege and license to use a portion of a dedicated street to conduct a "14th Streetfest" September 3, 1984. The portion of street to be used and the hours of encroachment shall be as follows: A portion of 14th Street between University Avenue and Avenue X between the hours of 12:00 noon and 8:00 p.m. This license shall be subject also to the following restrictions and requirements in addition to those restrictions on location and hours of operation hereinafter stated. 1. Licensee shall obtain a loudspeaker permit for this event. 2. Licensee shall pay to the City of Lubbock a,$150.00 non-refundable permit application fee. 3. Licensee shall pay to the City of Lubbock as compensation for the use of said public street a sum of $50.00 cash in advance upon acceptance and execution hereof by Licensee. 4. Licensee shall provide the following security officers; at least eight (8) off -duty police officers or licenses security guards. Such officers or guards shall be on duty during all hours of operation and thereafter until such time as the site has been cleared. In the event Licensee desires to use City of Lubbock off -duty police officers, he shall pay in advance for such security services to the police department. 5. Licensee shall be required to have all electrical service installations approved by the City of Lubbock Building Inspection Department. 6. Licensee shall be required to totally restore the street used for this event to the same condition as before the event takes place, including collection of all garbage and trash from the street. Such cleanup shall be completed by 9:30 a.m. September 4, 1984. 7. Licensee shall obtain public liability and property damage insurance, which policy shall name the City of Lubbock as an additional insured, in the following amounts: For damages arising out of bodily injury to or death of one person in any one accident . . . . . . . . . . . . . . . $100,000.00 For damages arising out of bodily injury to or death of two or more persons in any one accident . . . . . . . . . . . $300,000.00 For damage to or destruction of property in any one accident . . . . . . . . . . $100,000.00 Evidence of such policy shall be given the City of Lubbock upon acceptance and execution hereof by 1_irPn-,PP_ 8. Licensee must furnish the City of Lubbock with proof that alcohol sales have been approved by the Texas Alcoholic Beverage Commission at the location named herein, if such sales are to be conducted. A fence or barriers must be erected around the entire permitted area and the Licensee shall not damage the street or public right-of-way in the placing of this fence. The fence must be so erected as to allow for emergency access for fire, police and other emergency equipment or vehicles. The Licensee shall allow entrance to such area through a single access and security personnel shall be stationed at such access to check identification and insure that no one takes alcoholic beverages from the permitted area. Licensee will monitor alcohol consumption outside of the permitted area and will inform the police of any such consumption observed. 9. Licensee must obtain all applicable City of Lubbock Health Department permits for temporary sales of food and beverages. 10. Licensee must provide suitable toilet facilities for public use at a ratio of not less than one unit for every one hundred persons in attendance, but not less than a total of ten (10) units. 11. Licensee must obtain and have available emergency medical aid on site during all hours of operation. Such aid station shall be marked so as to be readily identifiable. 12. Failure of Licensee to abide by the terms of this Agreement will result in immediate revocation without prior notice. 13. The cash amounts herein set out to be paid by Licensee shall be paid in a lump sum by cashier's check no later than August 23, 1984. LICENSEE: /s/ Gregory F. Smith GREGORY F. SMITH WITNESS: /s/ Arturo J. Ochoa 84-43A-564-947 /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Ted Barron Ted Barron Administrative Assistant /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney Motion was made by Councilwoman Baker, seconded by Councilman Patterson, to authorize issuance of a Street Use License and Loudspeaker Permit for September 3, 1984, as requested by the 14th Street Bar and Grill for a festival. Motion carried: 7 Yeas; 0 Nays. 8-A.) Sam Douglass of University Ministries, First Baptist Church of Lubbock, Texas, will appear to request a Loudspeaker Permit for the University Ministries Open House on September 8, 1984. Sam Douglass, University Ministries, First Baptist Church of Lubbock, appeared to request a Loudspeaker Permit for an Open House on September 8, 1984. This will be held between two buildings owned by First Baptist Church on 13th Street. Motion was made by Mayor Pro Tem Carpenter, seconded by Councilwoman Trejo, to grant this request for a Loudspeaker Permit for Septem- ber 8, 1984 University Ministries Open House. Motion carried: 7 Yeas; 0 Nays. 565 AUG 23 1984 84-43A-565-948 9.) A representative of the Lubbock Industrial Development Corporation will be present to request that Council consider a resolution ,approving issuance of Industrial Development Revenue Bonds for J.G. Wilkerson, Jr., Project, Series 1984. RESOLUTION #1797 George Miller, of the Industrial Development Corporation, presented a request that Council authorize the issuance of approximately $1,600,000 in industrial development revenue bonds for J.G. Wilkerson, Jr. to develop a 110,000 square foot building for general merchandise warehouse space and 14,900 square feet of office space at 500 East 50th Street. Included in the project is the purchase of scales, pallets, and pallet racks for use in the warehouse project. The present owner of the facility is Gene Anderson of Armstrong Moving and Storage. Mr. Anderson's facility will be relocated into new facilities and the existing building refurbished for use by Wilkerson Storage Company. The project will create twenty new jobs with an estimated annual payroll of $298,312. Additional temporary jobs will be created during construction and renovation. The Industrial Development Corporation Board held a public hearing in regard to the issuance of these bonds as required by State and Federal statutes. As far as the staff can determine, this project has met all of the necessary guidelines for industrial development revenue bonds. A RESOLUTION APPROVING ISSUANCE BY LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION OF AN ISSUE OF LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS (J. G. WILKERSON, JR. PROJECT) SERIES 1984; APPROVING THE RESOLUTION OF THE ISSUER AUTHORIZING THE BONDS, THE ISSUANCE OF THE BONDS AUTHORIZED THEREBY AND THE PLAN OF FINANCING APPROVED THEREBY AND THE BOND DOCUMENTS. WHEREAS, the City of Lubbock (the "Unit") has approved and authorized the creation of Lubbock Industrial Development Corporation (the "Issuer") as a Texas nonprofit corporation, pursuant to the Development Corporation Act of 1979, as amended, Article 5190.6, Vernon's Annotated Texas Civil Statutes (the "Act"), to act on behalf of the Unit to promote and develop industrial and manufacturing enterprises; and WHEREAS, the Issuer is authorized by the Act to issue its revenue bonds on behalf of the Unit for the purpose of paying all or part of the costs of a "project", as defined in the Act, and to loan the proceeds thereof to finance all of part of the cost thereof; and WHEREAS, the Issuer, by resolution (the "Bond Resolution") adopted August 15, 1984, has authorized the issuance and sale of its Industrial Development Revenue Bonds (J. G. Wilkerson, Jr. Project) Series 1984 (the "Bonds"), in an aggregate principal amount not to exceed $1,600,000, and by the Bond Resolution has also authorized a Loan Agreement with J. G. Wilkerson, Jr. (the "Company") wherein the Issuer agrees to issue and sell the Bonds to provide funds to finance a certain project of the Company (the "Project") located within the Unit, and certain other agreements of the Issuer in connection therewith (collectively, the Loan Agreement and such other agreements shall be referred to as the "Bond Documents"); and WHEREAS, the Act requires that the governing body of the Unit approve, by written resolution, any agreement to issue bonds approved by the Issuer; and WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended, requires the Unit's approval of the issuance of the Bonds and authorizes its approval of a plan of financing additional facilities related to the Project after a public hearing following reasonable public notice; and WHEREAS, the Issuer conducted such a public hearing on August 15, 19,84., following publication of notice thereof; and WHEREAS, this City Council has reviewed the Bond Resolution and the minutes relative thereto and, by adoption of this Resolution, intends to AOG 2 3 1984 566 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: Section 1. The Unit, acting by and through this City Council, hereby approves: (a) the Bond Resolution and the plan of financing approved thereby; (b) the issuance of the Bonds in the amount and for the purposes referred to in the preambles hereof and as described in the Bond Documents; and (c) the Bond Documents, copies of which are on file among the records of this meeting. Section 2. This Resolution shall take effect immediately from and after its adoption. PASSED AND APPROVED this August 23, 1984. ATTEST: /s/ Ranette Boyd City Secretary, City of Lubbock, Texas Orig. Affidavit filed w/ Orig. Resolution 84-43A-566-949 (10.) ORDINANCE NO. 8647 /s/ Alan Henry Mayor, City of Lubbock, Texas Motion was made by Councilman Brown, seconded by Councilman Patterson, authorizing the Mayor to sign a resolution approving issuance of Industrial Development Revenue Bonds for J.G. Wilkerson, Jr., Project Series 1984. Motion carried: 6 Yeas; 1 Abstention -- Councilwoman Baker (Councilwoman Baker filed with the City Secretary an affidavit stating a conflict of interest regarding this request. The affidavit is attached to and made a part of these minutes.) ORDINANCE #8647: An ordinance annexing property known as Lubbock International Airport and Texas A & M Experiment Station at F.M. 1294 and U.S. 87. AN ORDINANCE REPEALING ORDINANCES NO. 8466 AND 8466-A OF THE CITY OF LUBBOCK AND SUBSTITUTING THEREFOR A NEW ORDINANCE ANNEXING PROPERTY ADJACENT TO THE CITY OF LUBBOCK, TEXAS, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR INCLUSION OF A SERVICE PLAN; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 84-43A-566-950 ORDINANCE #8649: An ordinance annexing an area of land known as Mann Annexation in Section 2, Block A, John Gibson Survey. AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, TEXAS, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR INCLUSION OF A SERVICE PLAN; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFEC- TIVE DATE. 84-43-566-951 (12.) ORDINANCE #8650: An ordinance abandoning and closing a portion of a utility easement located between Blocks 1 and 2, McLaughlin Subdivision to the City of Lubbock. ORDINANCE NO. 8650 84-43A-567-952 (13.) ORDINANCE #8651: An ordinance amending Section 1-10 of the Code of Ordinances with regard to the annual adjustment of fees charged for licenses, permits and other City services established by ordinance. AN ORDINANCE AMENDING SECTION 1-10 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK WITH REGARD TO THE ANNUAL ADJUSTMENT OF FEES CHARGED FOR LICENSES, PERMITS AND OTHER CITY SERVICES ESTABLISHED BY ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 84-43A-567-953 (14.) ORDINANCE #8652: An ordinance approving and adopting a budget for F1scal Year 984-85. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 1984-85; APPROVING REVISED BUDGET FIGURES FOR THE FISCAL YEAR 1983-84; PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; AND APPROPRIATING FUNDS FOR THE 1984-85 FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK. 84-43A-567-954 (15.) ORDINANCE #8653: An ordinance setting the tax rate and levying a tax upon all property subject to taxation within the City of Lubbock, Texas, for the year 1984. ORDINANCE NO. 8653 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1984 APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED: FIXING THE TIME IN WHICH SAID TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NON-PAYMENT OF SUCH TAXES WITHIN THE TIME PRO- VIDED 84-43A-567-955 (16.) ORDINANCE #8654: An ordinance amending Chapter 23 of the Code of Ordinances pertaining to fees charged in connection with the garbage and trash collection service of the City. ORDINANCE 8654 AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF SECTIONS 23-21, 23-66 AND 23-67; AND BY ADDING THERETO NEW SECTIONS 23-68 AND 23-69 PERTAINING TO FEES CHARGED IN CONNECTION WITH THE GARBAGE AND TRASH COLLECTION SERVICE OF THE CITY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Brown, seconded by Councilman Nash, approving as routine items and on second and final reading Ordinance Vs 8647, 8649, 8650, 8651, 8652, 8653, and 8654. Motion carried: 7 Yeas; 0 Nays. (24.) Consider a resolution accepting paving improvements constructed by Kerr Construction Company in Whisperwood Addition Lots 232 through 297. RESOLUTION #1798 This is a routine acceptance of street improvement construction required at the time of platting of this new subdivision. (Located inside Loop 289 Northwest and between Whisperwood Boulevard and North Utica Avenue). There is no City cost due the contractor. AUG 23 1984 568 RESOLUTION 1798 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Whisperwood Addition, Lots 232-297 made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above mentioned addition including the following streets: Amherst Street from its intersection with the east lip line of North Utica Avenue to its intersection with a line 7.00 feet west of west property line of alley east of Utica Avenue known and designated as New Subdivision Sub -Unit Number 21 of Unit Number 2031. Amherst Street from its intersection with the west lip line of North Utica Avenue to its intersection with a line 7.00 feet northeast of northeast property line of northeast of Whisperwood Boulevard known and designated as New Subdivision Sub -Unit Number 22 of Unit Number 2031. North Wayne Avenue from its intersection with the north lip line of Amherst Street to its intersection with Loop 289 Access Road known and designated as New Subdivision Sub -Unit Number 24 of Unit Number 2031. North Vale Avenue from its intersection with the north lip line of Amherst Street to its intersection with the Loop 289 Access Road known and designated as New Subdivision Sub -Unit Number 26 of Unit Number 2031. North Utica Avenue from its intersection with the Loop 289 Access Road to its intersection with a line 7.00 feet north of the north property line of alley south of Amherst Street (incl. Alley returns on Access Road) known and designated as New Subdivision Sub -Unit Number 27 of Unit Number 2031. AND WHEREAS, the construction of the above improvements on the above mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. Section 1. That the improvement on said portions of the above mentioned streets be and the same hereby accepted and the City Engineer be and he is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. Section 2. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 23RD DAY OF AUGUST, 1984. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, City Attorney /s/ Alan Henry Alan Henry, Mayor CONSOLIDATED FINAL ESTIMATE WHISPERWOOD ADDITION LOTS 232-297 Accepted 8/23/84 QUANTITIES S.Y. L.F. S.Y. S.Y. L.F. C & G 569 ' AUG 23 1984 2031-21 Amherst St. from ELL of N. Utica Ave. to 7'W of WPL of Alley E of Utica Avenue. 2031-22 Amherst St. from WLL of N. Utica Ave. to 7'NE of NE P.L. of Alley NE of Whisperwood Blvd. 2031-23 N. York Ave. from NLL of Amherst St. to Loop 289 Access Rd. 2031-24 N. Wayne Ave. from NLL of Amherst St. to Loop 289 Access Rd. 2031-25 N. Vicksburg Ave. from NLL of Amherst St. to Loop 289 Access Rd. 2031-26 N. Vale Ave. from NLL of Amherst St. to Loop 289 Access Rd. 2031-27 N. Utica Ave. from Loop 289 Access Rd. to 7'N of NPL of Alley S. of Amherst St. (including alley returns on Loop 289 Access Rd.) TOTAL QUANTITIES COST ESTIMATE 440.49 262.54 17.38 4,455.80 2,256.58 60.60 52.54 1,644.04 931.54 52.54 1,742.85 945.64 52.54 1,731.40 938.65 52.54 2,119.00 1,230.85 40.40 96.19 3,552.93 1,916.21 117.11 15,788.71 8,482.01 218.11 15,788.71 S.Y. Paving 6" Base 8,482.01 L.F. Curb & Gutter 218.11 S.Y Alley Return 341.51 S.Y. Valley Gutter 324.00 L.F. C&G Removal & Pvmt. Repair @$ 6.55 @$ 5.85 @$22.20 @$22.20 @$ 5.50 17.78 341.51 $103,416.05 $ 49,619.76 $ 4,842.04 $ 7,581.52 $ 1,782.00 CONTRACT COST - - - - - - - - - - - - - - - - - - - - - - - - - - $167,241.37 Unit & Construction Developer Sub -Unit Cost Cost 2031-21 $ 4,806.90 $ 4,806.90 2031-22 $ 45,567.60 $ 45,567.60 2031-23 $ 17,384.36 $ 17,384.36 2031-24 $ 18,114.05 $ 18,114.05 2031-25 $ 17,998.16 $ 17,998.16 2031-26 $ 24,585.22 $ 24,585.22 2031-27 $ 38,785.08 $ 38,785.08 TOTAL $167,241.37 $167,241.37 238.00 324.00 Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo. to accent the MR 84-43A-5 -957 (25.) Consider a resolution authorizing the Right -of -Way Department to make a formal offer for a parcel of and out of Section 9, Wlnrle .1_C RESOLUTION #1799 This tract of land, located at 11th Street and Milwaukee Avenue, is needed for an LP&L substation location and the acreage to be purchased is 11.18 acres. This is owned by the Frenship Independent School District. Acreage needed for the actual substation is 4.5 acres; the remaining 6.68 acres has been requested by the Frenship School District to be a landscaped park area. We have indicated to the Frenship School Board that we would have no problems with making this a park area in the future, but development of the park would come only after the area is built up and this could be several years. In the meantime, we would keep the property mowed and in good condi- tion. Purchase price is $8,100 per acre for a total purchase price of $90,558. This was the original site for the substation but was sold by the previous owners (Dr. Igal, et.al.), to Frenship School District. RESOLUTION 1799 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Right -of -Way Department of the City of Lubbock is hereby authorized and directed to negotiate for and purchase from Frenship Independent School District fee simple title to the following described tract of land: BEGINNING at a point which is the Southwest corner of the Northwest 1/4 of Section 9, Block J-S, Lubbock County, Texas; THENCE N 89*5912011 E a distance of 671.645 feet to a point; THENCE N 0*0211011 W a distance of 725 feet to a point; THENCE S 8905912011 W a distance of 671.645 feet to a point on the West section line of Section 9, Block J-S; THENCE S 0*0211011 E along the West line of Section 9, Block J-S a distance of 725 feet to the Point of Beginning. Said tract of land is to be purchased for public municipal purposes, to -wit: a west intertie substation site for the electrical power utility system of the City of Lubbock, and a buffer zone in connection therewith. Said land is to be purchased at its reasonable fair market value. PASSED this 23rd day of August, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney Motion was made by Councilman Nash, seconded by Mayor Pro Tem Carpenter authorizing purchase of the above referenced land for the LP&L substation, with assurance that the City of Lubbock will keep the property not needed 571 AUG 23 196:11, 84-43A-571-958 (26.) Consider a resolution authorizing the Mayor to execute on behalf of the City of Lubbock a Street Use License for Flags to be placed on lightpoles along University and Broadway Avenue. RESOLUTION #1800 Dr. John Bowen, Chairman of the Athletic Committee of the Lubbock Chamber of Commerce, is the proponent of this request that Texas Tech Flags be placed on street light poles on University Avenue between 4th Street and 19th Street and on Broadway Avenue between Texas and University.• This would be done on football weekends. There are 70 poles on Broadway and 25 poles on University Avenue for a total of 95 street light poles for flags. It was staff recommendation that they not be charged for this license. 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 Light Pole and Street Use License Agreement with the Athletic Committee of the Lubbock Chamber of Commerce, 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 August, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney LIGHT POLE AND STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 23rd day of August, 1984, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and the ATHLETIC COMMITTEE OF THE LUBBOCK CHAMBER OF COMMERCE, Lubbock County, Texas, hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use light poles and portions of dedi- cated streets for the placement of flags, to -wit: A portion of University Avenue from 4th Street to 19th Street and a portion of Broadway Street from University Avenue to Texas Avenue. The term of this grant shall be for five (5) years from date hereof, and shall be automatically extended for successive five (5) year terms not to exceed twenty (20) years in any event unless either party shall give written notice of termination to thga n+har n;zr+%/ hofe%ro +hn nvni*,z+ir%n of +kn firc+ connn.l— AUG 23 1984 572 this license with or without cause upon notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at P.O. Box 561, Lubbock, Texas 79408, or the last known address of LICENSEE. Upon expiration or cancellation and revocation of this license by the CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the light poles and streets shall be restored to their original condition at no cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause to be removed such improvements, and the expense incurred shall be assessed against LICENSEE for which LICENSEE shall be liable. 1. In consideration of the aesthetic and other benefits accruing to the citizens of Lubbock as a result of the placement of flags on the light poles and portions of dedicated streets hereinabove described, no charge for the use of said light poles and said streets is made by the CITY OF LUBBOCK in connection herewith. 2. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to the replacement and repairing of light poles, paving, sidewalks and utilities of any nature occasioned by the placement of flags as authorized by this license. 3. In the event the CITY OF LUBBOCK determines that the placement of flags as authorized herein interferes with or causes the rerouting or realignment of any public utility, franchised utility or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, the LICENSEE agrees to reimburse the CITY OF LUBBOCK or such utility, as the case may be, for its expense in relocating or rerouting over and above the expense which would have been incurred except for LICENSEE'S use herein. 4. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin to place any flags or complete any placement of flags as herein contemplated across any or all of the above described property, then and in that event said LICENSEE, its successors and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatso- ever kind or nature which may grow out of or be related to the making of this license or the use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any person or persons hired by LICENSEE to perform the functions permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of said functions. The CITY OF LUBBOCK may further require any of said persons hired by LICENSEE, when engaged in the placement or maintenance of flags permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement, and a certified copy of a policy of public liability assumed by said persons in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 6. LICENSEE agrees and is required to furnish a policy of public liability and property damage insurance, within limits specified by, and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 7. The Director of Electric Utilities for the CITY OF LUBBOCK has absolute discretion to determine the size and precise location of the flags whose placement on light poles and portions of dedicated streets is authorized herein, and LICENSEE shall secure approval from said Director as to size and location before any such placement. 8. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents of the parties hereto to the same extent and effect as the same are • 9. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein, and LICENSEE waives any and all claims in and to the light poles and public ways it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. CITY OF LUBBOCK BY:/s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary AGREED TO AND ACCEPTED this 23rd day of August, 1984. LICENSEE: ATHLETIC COMMITTEE OF THE LUBBOCK CHAMBER OF COMMERCE BY:/s/ John Logan JOHN LOGAN, PRESIDENT APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared ALAN HENRY, MAYOR, known to me to be the person whose name is sub- scribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as Mayor, for the purposes and consideration therein expres- sed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 23rd day of August, 1984. /s/ Ranette Boyd Notary Public, Lubbock County, Texas THE STATE OF TEXAS COUNTY OF LUBBOCK• BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared JOHN BOWEN, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of said ATHLETIC COMMITTEE OF THE LUBBOCK CHAMBER OF COMMERCE. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of August, 1984. /s/ Grey Lewis Notary Public, Lubbock County, Texas 84-43A-573-959 (27.) Consider the price and condition of sale of Parcel Numbers 5B-18-6B and 5B-18-6C in the AUG 23 1984 574 This is a routine sale of property by the Urban Renewal Agency to Joe Manuel Aguilar and wife, Imelda Aguilar for $2,600. This property is to be redeveloped as a single- family residence and is properly zoned for this. 84-43A-574-960 (28.) Consider the price and condition of sale of Parcel Number 7D-4-5 in the Lubbock NDP Urban Renewal Area. This is a routine sale of property by the Urban Renewal Agency to Julio M. Lopez and Carlos Lopez for $1,200. The property is to be redeveloped for landscaping and added to adjoining existing property. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Carpenter, authorizing Resolution #1800 (Item #26), Item #27, and Item #28 as referenced above. Motion carried: 7 Yeas; 0 Nays 84-43A-574-961 (29.) Consider resolution allocating Jobs Bill contingency funds for the Mackenzie Outdoor Orig. Change Center renovation project and authorize the Order wl Mayor to execute Change Order No. 1 between Orig. Reso. M&S Construction and the City of Lubbock. Last June, the City Council awarded a $110,812.50 contract to M&S Construction for renovation of buildings and facilities known as the Bar-B-Que Pit area in Mackenzie Park. The specifications included several alter- nates, some of which were deducted in order to bring the project within the funds then available. In work session on August 9, the City Council discussed the allocation of surplus Jobs Bill funds and agreed to allocate $25,000 in additional funds to the Bar-B-Que Pit area renovation project. This supplemental funding would allow three elements of the project originally deducted because of budget considerations to be added to the current construction contract: 1) Installation of chain link fencing--$12,990; 2) Underground electrical service to all buildings--$5,979; and 3) Underground electrical service to the west area lights for $6,000. Total change order is $24,969. These are the same prices as established by the contractor for the deductive alternates in the original bid, and the contractor has agreed to these prices in the change order. 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. 1 by and between the City of Lubbock and M & S Construction of Levelland for the renovation of the historic buildings at Mackenzie Park, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. THAT the City Council of the City of Lubbock hereby allocates $25,000 in Jobs Bill Funds for implementation of such Change Order. Passed by the City Council this 23rd day of August, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Jim Weston Jim Weston, erector of Community Facilities ADODMICn AC Tn CnDM. Motion was made by Councilman Patterson, seconded by Councilman Brown authorizing Change Order No. 1, as referenced above, and as recommended by staff. Motion carried: 7 Yeas; 0 Nays 84-43A-575-962 (30.) Consider a resolution authorizing the appropriate staff members to negotiate a contract with White River Authority. RESOLUTION #1802 We have talked to Al O'Brien about beginning negotiations for a water contract with White River Water District for acquiring the water at the Post site. The White River Board of Directors took minuted action authorizing Al O'Brien to start negotiations. Official action by the Council will be helpful to start negotiations and will support White River in their request for an extension of time to construct the reservoir. Even though the court action precludes White River from beginning con- struction of the reservoir, they still are required to file for an extension of time. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock is hereby authorized and directed to procede with negotiations as regards the proposed terms and conditions of a water contract with representatives of the White River Water Authority, such proposed contract to be entered into by and between said City and said Authority after approval thereof by the respective governing bodies of said City and Authority. The City Manager may, in his discretion, designate such members of the City Staff as he deems approp- riate to assist him in such negotiations. Passed this 23rd day of August, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sam Wahl Sam Wahl, Director of Water Utilities APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney Motion was made by Councilman Brown, seconded by Councilwoman Baker, authorizing Resolution #1802 as referenced above, and recommended by staff. Motion carried: 7 Yeas; 0 Nays 84-43A-575-963 (31.) Consider Bid #8089--Miscellaneous electric items (Warehouse stock). Low Bids: Nelson Electric Supply--100 each tie wire for pin -type insulator for #1/0-- Our # E-A-123; Alternate #1--80,000' cable. Westinghouse Electric Supply Company--12,000 feet metal conduit nice. 211 oalvani7Pd-- Our AUG 23 1984 576 1 7 30'--Our #E-T-33; 1-Lot miscellaneous materials for repair of a Westinghouse Tap Changer Under Load (T.C.U.L) as per LP&L Specifications #SE-0199-1-072784. Graybar Electric Company--50 each Strandvise for 1/2" guy strand Our #E-2W-32. Field and Company--80 each High voltage Bi Seal I" x 30'--Our E-T-30. C.B. Anderson, Company --Alternate #2--20,000' cable. Temple Inc.--21 each conduit riser ring cable grip --Our #E-6C-55; 12 each three-phase curved equipment mount --Our #E-1-36. 84-43A-576-964 (32.) Consider Bid #8091--Repair parks to change underload and authorize same (Electric Distribution). RESOLUTION #1803 RESOLUTION 1803 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 Agreement between the City of Lubbock and Westinghouse Electric Supply Company for materials for repair of a Westinghouse Tap Changer under Load, 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 August, 1984. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald, Director of Electric Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney 84-43A-576-965 (33.) Consider Bid #8093--Miscellaneous water _11F'ems Warehouse stock). Low Bids: Fields and Company--10,000' 3/4" type K copper service pipe --Our #W-P-4. Trans -Tex Supply Company--16 each 6" adapter 611 P.E.S.P.I. x 6" P.E.S.P.I.--Our #W-S-66A; 6 each 4" x 7 112" full circle repair clamp -- Our #W-8C-6; 4 each 6" x 10" full circle repair clamp --Our #W-8C-9; 6 each 4" x 7 112" full circle repair clamp --Our #W-8C-6; 4 each 6" x 10" full circle repair clamp --Our #W-8C-9; 4 each 12" x 12" full circle repair clamp --Our #W-8C-28; 4 each 12" x 20" full circle repair clamp --Our #W-8C-28; 12 each 1/211 repair clamp --Our #W-8C-49; 24 each 3/4" repair clamp --Our #W-8C-50; 100 each 4" x III service clamp, single strap, I" AWWA thread -- Our #W-9C-19: 48 each 8" x 3/4 " service 577 AUG 23 1984 coupling for 1 1/4" galvanized steel pipe -- Our #W-D-3; 5 each 6" bell joint clamp --Our #W-7C-3; 12 each 1 1/4" repair clamp --Our #W-8C-53. C & C Municipal Supply--12 each 2" brass coupling --Our #W-3U-13. Western Industrial Supply--2 each 14" bell joint clamp --Our #W-7C-15. Waterworks Municipal, Inc.--50 each 1/2" x 3" brass coupling for 3/4" copper --Our W#-D-12. Texas Independent Pipe and Supply--48 each cast coupling for 2" cast iron pipe --Our #W-D-6; 500 each 3/4" -90 degree brass adapter --Our #W-3U-7; 12 each 1 112" brass meter flange --Our #W-3U-14. Gene Eads, Purchasing Director, presented the above referenced as meeting specifications and being low bids, and recommended that they be accepted. Motion was made by Councilman Nash, seconded by Mayor Pro Tem Carpenter, authorizing low bids in Item Vs 31, 32 & 33 and Resolution #1803 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. Mayor Henry opened the zoning hearings at 10:30 a.m., as advertised. 84-43A-577-966 (17.) Zone Case No. 2478--Re u t f Steve Chitten- den for Delta Chi Fraternity) to change Lots 13,,,14 and --f5—,Block 28, Overton Addition, City of Lubbock, Lubbock County, Texas, from R-2 to A-2 zoning district. (Located at fO—th Street and Avenue T). ORDINANCE 8655 Steve Chittenden, Delta Chi, appeared to request the above referenced zone change for a fraternity lodge to be located in a vacant church building in Overton. Because of an error during notice for this case, the decision was made to re -hear the entire process. However, none of the persons who previously mentioned the notification problem appeared to speak at the re -hearing. At the re -hearing, the only additional information the staff presented to the Planning Commission was a deficiency in parking if this were a new lodge. It was noted that the existing church was required to provide 19 spaces. A new fraternity of equal size would be required 60+ spaces; but, as an existing structure, the current parking is all that is required. Besides the proponent and staff, no other comment was made for the case. Randy Wright entered a letter of support as a landowner and chairman of the Overton North Study Committee. Assistant City Manager Jim Bertram reported that fraternity lodges are allowable land uses in the A-2 zone and if zoned, this case will finish out the entire block face with A-2 zoning. The adjacent land use relation- ships are as follows: North - Existing apartment complex South - Existing single-family East - Existing apartment complex West - Existing apartment complex Mr. Bertram stated that the case is generally consistent with the Overton Land Use Plan since that Plan would allow the extension of the A-2 zoning district so long as the proposed zoning is contiguous to A-2 zoning. The basic charge in this case is to determine AUG z3 578 which specifies the A-2 zoning for the purpose of additional apartment or high density development. This is a case where the decision for the zone change rests on whether or not the land use is acceptable to and compatible with the adjacent neighbor- hood. Mr. Bertram mentioned that there are several inherent problems with fraternity lodges which were discussed with the Planning and Zoning Commission. The problems include traffic congestion and parking, the type of activities at the lodge, late hour activi- ties, and noise. After discussing the potential problems, noting that there was no neighborhood opposition, and that there were several speakers from the neighborhood in favor of the change, the Planning Commission deter- mined that the land use would be appropriate and consistent with the Overton Plan and approved the zone case. In light of past experiences with fraternities, the staff is still of the opinion that incompatibility problems might occur in the future. Councilwoman Trejo reported that a Mr. Harris, a resident of the Overton area, is opposed to this request. ORDINANCE NO. 8655 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2478; CHANGE LOTS 13, 14 AND 15, BLOCK 28, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-2 TO A-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 84-43A-578-967 Motion was made by Councilwoman Baker, seconded by Councilman Brown to authorize this zone change. VOTE: 4 Yeas; 3 Nays -- Councilwoman Trejo, Councilman Patterson and Mayor Pro Tem Carpenter. It appeared that this zone case passed on first reading by a vote of four to three. At that time, it was reported that only two land owners out of a total of 24 had submitted written opposition to the zone change. That number of land owners was far short of the 20% required in the law. However, upon further review of this matter by the Legal Department and Planning Department, the law states that a three -fourths vote is required with "either" 20% land owner opposition or opposition from 20% of the land area con- trolled by persons in opposition within the 200 foot notification area. Although the case did not meet the number of owners in opposition requirements, the land area in opposition represented approximately 28%. The net effect, is that the zone case failed on a vote of four to three, which is less than the six affirmative votes necessary to override the 20% land owner opposition. Zone Case No. 2302-A - Request of Wes Hallmark for Lubbock Continued Care Faci- lities, Inc.) to change Tract D, the Meadows Addition, City of Lubbock, Lubbock County, Texas, to amend conditions of Ordinance #8109. (Located at Chicago Avenue and Clinton Avenue.) ORDINANCE #8656 Mr. Bill Stinson (representing Lubbock Continued Care Facilities, Inc.) appeared to request the above referenced change in conditions. Mr. Wes Halmark was also present This request is to amend existing conditions in an area zoned "A-2 limited to church use". The change would allow a single -story retirement facility offering both limited and complete care. The adjacent land use relationships are as follows: North - Single-family South - Single-family East - Single-family and City park West - Townhomes Within the context of existing zoning, the request is not a deviation from the Compre- hensive Plan since the zoning will be unchanged. The major question was compati- bility of the proposed retirement center versus the existing allowable church use. Issues Council was asked to consider are as follows: 1. With reference to "policy" zoning from the Comprehensive Plan, the parcel is not adjacent to a major thoroughfare or not on the fringe of a residential area. 2. As with most higher density uses, the proposed use is not buffered from adjacent R-1 by an inter- mediate use. 3. Effects on the street system would be negligible, particularly when compared to church use. The development would require 72 spaces; the plan illustrates 100 spaces. 4. The proponent has presented a viable architectural and land use proposal. 5. The lot coverage illustrated by the sales package is 39%, which is within R-1 development standards for coverage. Mr. Bertram reported that no neighborhood opposition has been voiced. The proponent filed a detailed sales -type booklet (in file) and a site plan, although it was not made a condition of zoning by P & Z. The Planning and Zoning Commission recommended A-2 zoning limited to retirement care facilities. No one appeared in opposition to this request. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2302-A; CHANGE TRACT D, THE MEADOWS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO AMEND CONDITIONS OF ORDINANCE NO. 8109; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Nash, seconded by Councilman Brown to uphold recommendation of Planning and Zoning Commission to grant this request. Motion carried: 7 Yeas; 0 Nays 84-43A-579-968 (19.) Zone Case No. 2152-B--Re uest of David Goyette for the Weitz Company to change a tract of land of Section 44, Block AK, City of Lubbock, Lubbock County, Texas, to amend the site plan. Located at 19th Street and Iola Avenue). ORDINANCE #8657 AUG 23 1984 580 Assistant City Manager Jim Bertram reported that the Planning and Zoning Commission approved a plat consistent with this zone case. The request to amend a site plan includes: 1. Key features (access and screen fences) remain the same. 2. Changing from five freestanding buildings to one mall and three remaining tracts. 3. The net coverage and overall site development will remain substan- tially the same. The adjacent land use relationships are as follows: North - New car dealership South - Apartments East - Loop 289 West - Single-family Mr. Bertram stated that the primary question is acceptability of the three vacant tracts versus an existing plan showing the entire development. Since the proponents may not own the outlying tracts, they cannot site plan them, and the staff always has a concern for such "blank check" proposals and suggests the following written site plan constraints for: Lot 1 1. One building 2. 55-foot setback from Iola 3. 70-foot setback from 19th Street 4. No additional curb cuts on 19th Street (plat will provide access easement on Lot 4) 5. C-3 parking standards 6. Screening fence as illustrated for Lot 4. 7. All other C-3 development standards Lot 3 1. No more than two buildings 2. No additional curb cuts on Loop 3. 70-foot setback on Loop 289 4. C-3 parking standards 5. All other C-3 development standards Lot 4 As per the site plan 1. No more than one building 2. 70-foot setback on Loop 289 3. 55-foot setback on 21st Street 4. No additional curb cuts on Loop 289 5. C-3 parking standards 6. All other C-3 development standards The proponent requested that P&Z authorize a waiver of sidewalks on Iola; however, the Commission was told they did not have the authority. Also, the proponent presented an elevation of the screening fence to be included with the site plan. The Zoning Board of Adjustment has previously approved a 5-space, 1000 square feet gross leasable area parking standard, which the site plan illustrates. No one appeared in opposition to this request. The Planning Commission recommended approval of the request subject to the above condi- tions for Lots 2, 3, and 5 and per the site plan for Lot 4, and the staff recommended that tha PlAnninn rnmmir,,inn hp jjnhP1fi_ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2152-B; CHANGE A TRACT OF LAND OUT OF SECTION 44, BLOCK AK, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, TO AMEND THE SITE PLAN; SUBJECT TO CONDI- TIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Carpenter to approve the request and to further stipulate that a site plan, on all the tracts under this zoning including the restrictions, be brought back to City Council before issuance of any building permits. Also, it was consensus of the City Council that it is the mall owner's responsibility, when they sell the lots, to tell buyers of the conditions on this zoning. Motion carried: 7 Yeas; 0 Nays 84-43A-581-969 (20.) Zone Case No. 2485--Re nest of Gary Rothwell for Bassinger-Rothwell Realtors to change Lots 468 through 487, DePauw-McLarty Addi- tion, City of Lubbock, Lubbock County, Texas, from R-1 to R-2 zoning district. Located at 4600 Erskine Street). Gary Rothwell, representing Bassinger- Rothwell Realtors, appeared to make the above mentioned zone change request. Assistant City Manager Jim Bertram stated that this request would allow duplexes in an existing R-1 area adjacent to Erskine in the DePauw-McLarty Subdivision. The existing land use relationships are as follows: North - Single-family South - Texas Tech University East - Charter Plains Hospital West - Single-family (undeveloped) The Comprehensive Plan shows the area as single-family, although such development adjacent to Erskine is very unlikely. Another difficulty of development is that the current Subdivision Regulations would not allow curb -cuts for single-family on a major thoroughfare. Zoning policy is difficult to address due to the stated circumstances. Mr. Rothwell is contracted for or owns several of the lots. At the Planning and Zoning hearing, one of the residents affected expressed concern about the architectural quality of the new buildings. During prior discussion with Mr. Rothwell, Planning staff had worked out a plan which would provide a common drive splitting the property line of each pair of duplexes. This would reduce curb cuts to about 50% of the number that could presently occur. Mr. Bertram stated that with regard to the nature of the existing plat and it being adjacent to Erskine, staff recommended the zone change with conditions and the Planning and Zoning Commission recommended approval of the request with these conditions: 1. A single, common drive on the property line per pair of duplexes, unless an odd lot should occur and necessitate a single drive to one or two duplex units. 2. The units be 75% brick veneer construction. 3. Restricted to duplex development only. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2485; CHANGE LOTS 468 THROUGH 487, DEPAUW-MCLARTY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Patterson, seconded by Councilman Nash, authorizing the zone change as requested and upholding the Planning and Zoning Commission decision. Motion carried: 7 Yeas; 0 Nays 84-43A-582-970 (21.) Zone Case No. 1968-C--Re uest of Burl W. Masters for Bob Levenson to change Tracts B, F, G, and H from R-1 to C-3; Tracts E, D, and M from C-2 to C-3; Track K from R-1 to C-2; and delete conditions , 2, and 3 of Ordinance #6948 on Tracts I and J, Rushland Park Addition, City of Lubbock, Lubbock County, Texas. Located at 4th Street and Quaker Avenue). Burl Masters appeared on behalf of Bob Levenson of Golden Properties, to request zone changes as referenced above. Assistant City Manager Jim Bertram stated that this request would allow open C-3 on most of the area, with C-2 limited to offices on the remaining tracts on Raleigh and south of 6th Street (F, G, H, I, J, K). The tract numbers in the zone case description have been changed to reflect the existing platted status of the land. The adjacent land use relationships are as follows: North - Texas Tech property South - Zoned for townhomes East - Texas Tech property West - Private park, storm water storage and impoundment area Mr. Bertram said that this request is not a deviation from the Comprehensive Plan as the Plan shows commercial on this corner and the request is within policy guidelines for acreage. The primary policy question remains buffering and intensity of zone (C-3 versus C-2 and AM versus C-2 limited to offices). The zoning policy would allow C-3 request since 4th Street is a State Highway and Quaker Avenue is a major thoroughfare. The corner where the self-service station exists was changed to C-3 by a separate previous case. When heard by the Planning and Zoning Commission, the case stimulated a vigorous negative response from owners or representa- tives of lots just south, primarily the townhome lots. Protests to the zone change included: 1. Deed restrictions for the area indicate that the owners of the commercial tracts and their em- ployees have access to the private park (the rear of the townhomes). 2. The name of the original site plan was "Rush Medical Park", and the proposed zone change is a deviation from the original intent and belief of subsequent buyers in the area. 3. General opposition to any change beyond the original C-2 and AM. Mr. Bertram said, in response to the first protest, the "hole" would have been dedicated for drainage, whether public or private. As fnr tha carnnd the nrininal AM nnrtinn hac AUG583 •. Burl Masters stated at the hearing before the P & Z Commission that one of the major reasons for misunderstanding and protests by the neighborhood may have been caused by the zoning notice for C-3 and C-2 not indicating that the C-2 was to be limited to profes- sional offices. Specific staff comments to the P & Z Commission included: 1. Although the State Highway status of 4th Street might indicate C-3, staff generally hesitates to recommend greater than C-2. 2. Since the original AM classifica- tion on Tracts B, F, G, H, and K has expired, a new zone case is justified. The change from AM to a limitation to professional offices was not a great concern to the staff and they generally recommend such zone districts be C-2A rather than C-2. 3. Proper buffering and neighborhood comment should also be considered by the P & Z Commission. Mr. Bertram explained further that as a recommendation, staff suggested C-2 for Tracts M, B, E, and D and C-2A limited to professional offices for Tracts F, G, H, I, J, and K. The P & Z Commission, on request of the proponent, requested the C-2 to C-3 uses include only a grocery store or depart- ment store and all C-2 uses. P & Z supported staff C-2A limited request. Mr. Bertram reported that the morning after the P & Z meeting, staff met with Marion Key, Dub Harris, and John Scoggin to clarify the request and recommendation of the Planning Commission. Special care was taken to review staff opinion, exactly what the Commission has recommended to the Council, and answered questions about their options. The P & Z Commission recommended approval subject to: 1. Tracts M, B, E, and C, "C-3" limited to department store, grocery store and C-2 uses. 2. Tracts F, G, H, I, J, K, "C-2A" limited to professional offices. No one appeared to speak in opposition to this request. Mr. Masters said that he would be favorable to limitations that, if a grocery store is built on the site, it face onto 4th Street, and any offices built, face onto 6th Street and Raleigh Avenue. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1968-C; CHANGE TRACT B FROM R-1 TO C-3 LIMITED TO DEPARTMENT STORES, GROCERY STORES AND C-2 USES; TRACTS D, E AND M FROM C-2 TO C-3 LIMITED TO DEPARTMENT STORES, GROCERY STORES AND C-2 USES; TRACTS I AND J FROM C-2 TO C-2A LIMITED TO PROFESSIONAL OFFICES; TRACTS F, G, H AND K FROM R-1 TO C-2A LIMITED TO PROFESSIONAL OFFICES; AND DELETE CONDITIONS 1, 2 AND 3 OF ORDINANCE #6948 ON TRACTS I AND J, RUSHLAND PARK ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Mayor Pro Tem Carpenter, seconded by Councilman Patterson, authorizing the zone change with standards place by the Planning and Zoning Commission, as referenced above, and stipulating further that the site plan come back to Council if proponents AUG 23 1984 584 84-43A-584-971 (22.) Zone Case No. 2372-A - Request of Thomas Pitts for Rodeo Center, Inc.) to change a tract of land out of Section 2, Block E-2, City of Lubbock, Lubbock County, Texas, from R-1 to A-2 Zoning District; subject to conditions (located at 13th Street and Quaker Avenue). Tom Pitts, representing Rodeo Center, Inc. and the Texas Tech Interfraternity Council, appeared to request a zone change as set out above, allowing expansion of Greek Circle to the north. This matter had been before Council on July 26, 1984, and Council had instructed that Mr. Pitts supply the City of Lubbock Engineering Staff with a Certified Engineer's Report of the four options for further development of Greek Circle. This information was not presented until this hearing and City staff did not have a chance to examine and analyze it previous to this Council meeting. Marvin J. Dvoracek, P.E., of Texas Tech University, presented four plans to Council for development of the request. Plan I Addition north of presently developed section with west frontage along Quaker Avenue. 1. 450' linearft 7' fence along Quaker. 2. 872' linearft 7' fence along North boundary of addition. 3. Berm with suitable landscaping between fence and Quaker. 4. Sanitary Sewer facilities. Plan II Addition east of presently developed section. 1. Access street along North boundary of developed section from Quaker Avenue to middle of proposed housing section. 2. Filling of proposed housing section to elevate to grade approximately equal to existing grade on east side of developed area and falling 31 across (west to east) of proposed housing section. 3. Sanitary sewer facilities. Plan III Addition east of presently developed 777 section. 1. Filling of proposed housing section to elevate grade to approximately same as existing at east boundary and sloping 3' west to east across new addition. 2. Sanitary sewer facilities. Plan IV 1. Access street along north boundary of developed section from Quaker Avenue to middle proposed housing section. 2. Land levelling of proposed housing section to attain gentle slope west to east and north to south; however, 3' elevation difference t 1 nutnN ic nY nnr%vnrl me r-nmnnv-,nA to 595 AUG 23 1984 3. Sanitary sewer facilities. Mr. Bertram, after a brief analysis of the three plans, stated that he came up with different cost figures than those presented. He stated that if Council would recess for a few minutes, he would go over these figures with our Engineering staff and verify them. Council stated that they saw their mission as just to decide whether or not there was a viable alternative to Proposal #I, and they could make a decision with the information they had. The proposal to expand to the North would include nine additional lots for fraternity and sorority lodges. This proposed use is an allowable use in any A -I district. The adjacent land use relationships are as follows: North - Tech agricultural land South - Existing Greek Circle East - Tech agricultural land West - Single family development This case is consistent with the Land Use Plan in the general sense. Since the plan shows this land area to be public use (assume University use), and since the proposed use is generally accepted to be associated with the University, the case is consistent with the Land Use Plan. The key charge in this case was to determine whether or not the proposed use is acceptable to and compatible with the adjacent neighbor- hoods. As far as zoning policy is concerned, normally the staff would not recommend A-2 zoning to be located in this general area without some previous Land Use Plan amendment that would provide for the proposed land uses. But on the other hand, since the existing Greek Circle is generally considered to be a University function, one could argue that it would be appropriate and logical to extend the A-2 zoning district, if it was determined that the additional land uses would be appropriate and acceptable to the neighborhood. Several neighborhood residents appeared at the Planning and Zoning Commission hearing and spoke in opposition to the planned expansion, citing problems with late hours, parties, alcohol consumption, noise, and general traffic through the neighborhoods, and a perceived devaluation of property as far as densities and architectural styles of development are concerned, the existing Greek Circle, as well as the planned expansion would generally be consistent with the existing density and style of development with either of the adjacent residential neighborhoods in this area. The Planning Commission was sympathetic to the economic positions expressed by the applicants for the site immediately east of the Greek Circle, but were also sympathetic to those property owners in the neighborhood who spoke against the planned expansion. They also agreed that as far as land use is concerned, given the existing circumstances, the expansion of Greek Circle would be appropriate so long as sufficient safeguards were provided to protect the adjacent landowners. The various protective mech- anisms were introduced by a motion to approve, a motion to continue, and a motion to deny, and all failed on split votes. Ultimately, the case was approved by a 4-2 vote with the following conditions: a. That a masonry fence seven feet tall be constructed on the north AUG 23 1984 586 Dr. Idris Traylor appeared at the City Council hearing representing the Inter - fraternity Housing Corporation and spoke favoring expansion proposal #1. He indicated that Texas Tech Administration had worked with the fraternities/sororities to encourage self-discipline, had done investigations into complaints regarding various activities, and had written letters of reprimand regarding certain violations. Dr. Traylor noted, for the record, that he was not at the hearing as a representative of Texas Tech, but rather as a representative of his fraternity and the Interfraternity Housing Corporation. Jerry House, of Texas Tech, appeared to provide information regarding this request. Dan Pope, President of the Interfraternity Council, spoke favoring this request and stated that in an attempt by the frater- nities/sororities to police themselves, the "Thursday Night Mixers" have been stopped, activities outside of the lodges have been prohibited, and this year, Rush will be "dry." Doris Satterberry, resident of Rushland Park, spoke against this request and stated that loud parties were still being held as recently as the night before, August 22, 1984. Judy Wade, resident of Rushland Park, spoke against this request and presented her suggestion for development of this addition to the East. J.D. Richards, resident of Rushland Park, spoke against this request and expressed concern for the lack of maintenance of the planted areas. He presented pictures to Council showing property presently in Greek Circle which was grown up with weeds. Also speaking against the request were A. J. Davis, resident of Rushland Park, and Pat Dunn, speaking for Dr. Louise Lusinger-Anderson who was out of town. Because of more than 20% written opposi- tion to this case, six affirmative votes of the Council would be required to uphold the Planning Commission. Motion was made by Councilwoman Baker, seconded by Councilman Brown, to deny this request for zone change. Consensus of Council was that there are alternative choices to that of development to the North, and those should be pursued by proponents. Motion carried: 7 Yeas; 0 Nays Mayor Henry closed the Zoning Hearings at 12:04 p.m. 84-43A-586-972 (23.1) The City Council of the City of Lubbock, sitting as a regulatory authority, pursuant to the provisions of Art. 1446e V.A.C.S., shall enter upon a public hearing to consider the request of Energas Company for a change in gas rates charged to customers within the City of Lubbock as expressed in its statement of intent filed with the City of Lubbock on July 6, 1984. At 12:05 p.m. Mayor Henry adjourned the regular City Council meeting and called the City Council into session sitting as a regulatory authority to enter upon a public hearing to discuss the above referenced request of Energas. Mr. Joe Price, representing Energas, appeared 587 AUG 23 1984 City Attorney John Ross stated that this rate request has been filed with 62 other area cities, and that the City of Lubbock has joined with these cities and has hired an Austin attorney, Don Butler, to look into this request. It was Mr. Ross' instruction that Council should hear anyone who wished to speak for/against the rate increase, and then should recess the hearing, pending recommen- dation from Mr. Butler. No one appeared in opposition to this request. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Carpenter to recess the hearing and to direct City Manager Larry Cunningham to notify Energas in writing when Council has received recommendation from Mr. Butler and is ready to resume the hearing. Motion carried: 6 Yeas; 0 Nays (Councilman Nash absent) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock Co personally appeared Twi la Aufi I 1 + Account Manager of the pers Corporation. publishers of the Lubbock Avalanche -.Journal — Morning, Eve being by me duly sworn did depose and say that said newspaper has been published than fifty-two weeks prior to the first insertion of this Legal Notice-833 word-$274. 89 No. 926571 at Lubbock Countv. Texas ed copy of the Notice is a true copy of the original and was Avalanche -.Journal on the following dates: August 89 1984 L-11427 Account Managr LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this FORM 58-10 8th day of August ���uli 777 i�ce� 84-43A-587-973 (23.) 19 84 of Hold a public hearing to consider the annexation of certain territory to the City of Lubbock generally described as being between 7th Street to 34th Street, and from State Highway 309 to Milwaukee Avenue including Carlisle community). Mayor Henry opened this public hearing at 1:17 p.m. Assistant City Manager Jim Bertram gave a history of this request. He cited a letter to the City from Dr. A. R. Howard requesting that Carlisle be allowed to incorporate and noted that Council denied that request. Next Dr. Howard submitted a request to City Council for permission to form a Utility District, and Council denied that request. Then Dr. Howard submitted a petition to County Judge Rod Shaw for incorporation and simultaneously submitted a petition to the City of Lubbock requsting annexation. The petition for annexation is what is before Council at this hearing. Status of the petition submitted to the County Judge is pending; however, the petition submitted to the City has been declared by City Attorney John Ross to be insufficient and invalid, as discussed by Senior Assistant City Attorney Don Vandiver in work session previous to this meeting, for the following reasons: 1) voter registration Mr. Bertram went on to say that Council could consider this as an informal request and could annex any part or all of the territory mentioned for annexation. Staff recommended annexation of the entire nine square mile tract. Mayor Henry recognized those who had signed up to speak at the hearing and requested that they try not to repeat each other, and also that they limit their comments to four or five minutes. Speaking in opposition to the request for annexation were: John A. Martin (speaking for Pine Hills and Turnbull Estates); Warlick Carr (attorney for Tara Estates/Tara Estates II); A. L. Wilson, Jr. (resident of Tara Estates and investor in Tara II); Don Osborne (developer of Tara Estates North); Gene Noland (resident of Pine Hills); Jack Kastman (mobile home park developer in the Carlisle area); Zeb Payne (representative of Energy Circle Development); Craig Brumley (resident of Tara Estates) Pat Garrett (resident of Tara Estates); Boyd Roberts (County Commissioner). Mayor Henry closed the hearing at 2:32 p.m. Motion was made by Councilman Brown, seconded by Mayor Pro Tem Carpenter as follows: 1) To initiate a new zone that would allow the keeping of animals to preserve the lifestyle that now exists in this area and that property owners not be limited to fewer animals than they are now limited to by deed restrictions; 2) If these areas have been platted for separate water and sewer utilities, the City not impose the pro ratan nor provide the ser- vices; 3) That City Council initiate a Planning and Zoning Case to change the T zone created by the annexa- tion to R-1-A or R-1 Specific Use, to retain the development styles started; 4) That if utilities are planned for on an individual basis, the City not provide the utilities nor impose the pro ratas; 5) That Council move the north line of the annexation, south of Tara North to the alley north of 4th Street; and 6) That Council vote to annex the option known as Option C. Motion carried: 5 Yeas; 1 Nay --Councilwoman Baker; 1 Absent --Councilman Nash. 84-43A-588-973 (34.) Consider appointments to Airport Board. Terms of Joe Horkey and Heenan Johnson expired 8/11/84. Joe Horkey was reappointed to the Airport Board and Dr. Hazel Taylor was appointed to fill the position of Heenan Johnson. 84-43A-588-974 (35.) Consider appointments to "Lubbock: 2005 Committee" replacing those previously appointed who were unable to serve. Danny Johnston and Aaron Harvey were 589 AUG 23 1984 84-43A-589-975 (36.) 84-43A-589-976 (37.) ` ATTEST: Consider appointment to Community Services Commission. J.W. McCafferty did not accept reappointment. Teresa Salinas was named to fill this position. Consider appointment to Lubock Municipal Arts Comm'ttee. Romeo Reyna declined appointment. Bonnie Armstrong was appointed to serve as a member at -large. Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo authorized appointments as set out above in Item Vs 34, 35, 36, and 37. Motion carried: 6 Yeas; 0 Nays (Councilman Nash absent). Mayor Henry adjourned the meeting at 3:20 p.m. RANETT BOYD, City Secretary READ AND APPROVED THIS 13th DAY OF SEFT r&Anrn ,nnn ATTEST: 4TEBOYD, City Secretary' THE STATE OF TEXAS COUNTY OF_LUBB.00I Before meBonnie c Ke e a Notary Public in and for Lubbock County personally appeared Twi I a Aufi I 1 + Account Manage r of the Sou pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening being by me duly sworn did depose and say that said newspaper has been published con than fifty-two weeks prior to the first insertion of this Legal Notice-446 wt word-$294.36 No, 940631 at Lubbock County, Texas and ed copy of the Notice is a true copy of the original and was prir Avalanche -Journal on the following dates: August 25 & Sept. 19 1984 1 -117"A1 i Account pager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 4 day of September 19 84 tlrriumvi i THE STATE OF TEXAS § COUNTY OF LUBBOCK § I1) JOAN BAKER as a member of the LUBBOCK CITY COUNCIL make this affidavit and hereby on oath state the following: and or a person or persons related to me, have a substantial interest in a usiness entity that would be peculiarly affected by a vote or decision of the LUBBOCK CITY COUNCIL (city council, commission of board) as those terms are defined in Article 988b, V.T.C.S. s-f- The business entity is —(name /Sd o address (have/has) a substantial interest in this "I" or name of relative and relationship) business entity for the following reasons: (check all which are applicable). _ Ownership of 10% or more of the voting or shares of the business entity. `--''Ownership or $2,500 or more of'the fair market value of the business entity. Funds received from the business entity excess 10% of income for the previous year. (my,her,his) Real property is involved and - - have -an equitable or legal (I,he,she) ownership with a fair market value of at least $2,5000. A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon the filling of this affidavit with the CITY SECRETARY , I affirm city clerk or secretary) that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this 23rd day of August 1984 Sia ture of�official City Councilwoman Title BEFORE ME, the undersigned authority, this day personally appeared Joan Baker and on oath stated that the facts hereinabove stated are true to the best of her knowledge or belief. (his/her) Sworn to and subscribed before me on this 23rd day of August 1984 Not ry Pub is�innd for the State of Texas My commission expires: -