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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/24/1986331 REGULAR CITY COUNCIL MEETING MINUTES JULY 24, 1986 The City Council of the City of Lubbock, Texas met in regular session on the 24th day of July" 1986 in the City Council Chambers, first floor, City Hall, I625 13th Street, Lubbock, Texas at 9:00 a.m. Present: Mayor B. C. McMinn, Mayor Pro Tg0 Joan Baker, Councilman T. J. Patterson, Councilman Gary Phillips, Councilwoman Maggie Tr ^V, Councilman Bob Nash, Councilman George Carpenter, City Manager Larry J. Cunningham, City Attorney John C. Roos, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 9:00 a.m. 86-458-33I-48I 86-45A-33I-482 86-45A-331-483 86-45A-33I-484 / 4.\ 86-458-33I-485 86-45A-33I-486 /1O.\ The Invocation was given by Bob Cass, Deputy City Manager. The Pledge of Allegiance was given in unison by those in the Council Chambers. Citizen Appearance Motion was made by Councilman Patterson, seconded by Councilwoman Tre^u to approve the Minutes of the July ID, I986 Regular City Council Meeting as written' Motion carried: 7 Yeas; O Nays' Representatives of the Lubbock Chamber of Commerce and Lubbock Industrial Development Corporation will appear to present a request for a declaration of a commercial development area and a request for authorization to proceed. Rufus Grisham, Chairman of the Board of Directors of Lubbock Chamber of Commerce appeared to request that the City Council consider qualifying additional areas in the City for the purpose of allowing financing Of projects with Tau Exempt Industrial Development 8onds, John Wilkerson, representing the Board of City Development, appeared to indicate BCD support of this request. Mrs, Wayne Webb appeared to question whether or not this request included property she owns in Section 78 in northern part of the City. Staff indicated that Section is not included' The Staff discussed this item with the Bond Attorneys, and it appears that it is feasible. With approval of the Texas Economic Development Commission, which has the authority to make the eligibility ruling, there will be a process of going through a procedure to establish the development area which will require a Public Hearing and certain publication of notices. Staff recommended that the Public Hearing be held on August 14, I986 at 9:30 a.m. Staff recommended this project be supported by the City of Lubbock for the development or redevelopment of commercial areas and recommended proceeding with this project. They further advised that this is only for commercial uses; does not affect residential areas and will not affect taxes or zoning. Motion was made by Councilman Nash, seconded by Councilman Patterson to designate additional area within the City for development with Industrial Development Bond financing and to net the Public Hearing for August 14, 1886 at 9:I5 a.0 as recommended by City Staff' Motion Carried: 7 Yeas; O Nays' Consider Resolution #2378 author Aqreement with the United States g the Mayor to sign a License artment of the Interior. RESOLUTION #2378 332 July 21* 1986 nrnm|rrnom BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION I. It is contemplated that in connection with the proposed dedication of East lGth Street by McLane Company, Inc- (Grocery Distribution) as an integral part of the platting of proposed Tract 6, Planters Industrial Park as an addition to the City of Lubbock, Lubbock County, Texas, there is an existing easement of right of way for the Canadian River Project Aqueduct which crosses an area into which the proposed East IGth Street will project into, over, above, and across said easement which will necessitate the execution of an agreement by and between the City of Lubbock and the Canadian River Municipal Water Authority and the United States of America Bureau of Reclamation, Department of Interior; therefore, the Mayor of the City of Lubbock is authorized and directed to execute such agreement in such form as shall be approved by the City Attorney. SECTION 2' Such agreement as finally executed shall be made and become a part of the permanent records of this City Council by the City Secretary of the City of Lubbock. Passed by the City Council this 24th day of July, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hoffman Larry Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ J. Worth FullinqjE J. Worth Fullingim, Assistant City Attorney McLane Food Services, which will be located at East Loop 289 and 19th Street, has submitted a plat of their proposed site. A portion of the future East I6th Street will cross an existing pipeline owned by the Canadian River Municipal Water Authority. Acting on behalf of the United States Department of the Interior, the Authority will require the City to execute a Joint Use Agreement to allow East lGth Street and the pipeline to co -exist at their point of intersection. McLane Food Services wants to acquire a Building Permit for the site in mid August. Prior to issuing a Building Permit, the final plat of property must be filed with the County. Furthermore, before the plat is filed, the signing Of the Joint Use Agreement must be authorized. A letter was sent to Mr' Joe Cox, with the Canadian River Municipal Water Authority, requesting that he prepare the Agreement for execution by the City. The existing Agreement for North Quaker Avenue is similar to the Agreement to be executed for East 16th Street and basically says that the City will not damage the aqueduct, and that if there is any damage to the aqueduct, the City will pay for the repair' The Agreement also requires the street contractor to carry liability insurance in behalf of the United States and the Authority in case of damage to the aqueduct during construction. Staff recommended approval' Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #7378 as recommended by City Staff. Motion carried: 7 Yeas; U Nays. 86-45A-332-487 by Findley Concrete in West Wind Addition, Tracts J-1 thru J-11. /II.�Consider Resolution #2379 accepting paving improvements constructed RESOLUTION #2379 RESOLUTION #2379 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF AN ALLEY 83 LISTED BELOW: WHEREAS, in conformance with the paving requirements provisions of City Ordinance 1331, the subdivider of West Wind Addition Tracts J-I through J-II made arrangements with Findley Concrete for the construction of paving improvements on a portion of an alley dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of West Wind Tracts J-1 through J-ll including the following alley: Alley return on Elkhart Avenue between Tracts J-8 and J-7; known and designated as new subdivision sub -unit No, 40 of Unit No. 2031' AND WHEREAS, the construction of the above improvements on the above -mentioned alley 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. I. THAT the improvements on said portions of the abOvementioned alley be and the same are hereby accepted and the City Engineer be and he is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. II. This resolution shall take effect and be in force from and after its passage' PASSED AND APPROVED THIS 24TH DAY OF JULY, I986. B. C. MCMINN, MAYOR ATTEST: Ranetta Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, City Engineer APPROVED AS TO FORM: John C. Ross, Jr', City Attorney Motion was made by Councilman Patterson, seconded by Councilwoman Tre'o authorizing Resolution #2378 as recommended by Staff. Motion carried: 7 Yeas; O Nays. 86-45A-333-488 (l2') Consider RESOLUTIONimprovements constructed by Hub City Paver's, Inc. in McLarty's Circle View Addition, Lot 1-A. RESOLUTION #2380 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A DRAINAGE EASEMENT AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Mc[artv/o Circle View Addition Lot I-8, Blk. 8 made arrangements with Hub City Pavers, Inc' for the construction of improvements on a certain drainage easement dedicated in said subdivision under the provisions of said [] Ordinance prior to the recording of the subdivision plat of Mc[artv/o Circle View Addition, Lot I -A, Blk. 8 including the following drainage channel:� Drainage channel construction from the intersection of 85th Drive and CaprnCk Drive to Tmhoka Traffic Circle; known and designated as New Subdivision Sub -unit No. 21 of Unit No. 2032 AND WHEREAS, the construction of the above improvements on the aboVem^tfoDed drainage easement was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been U constructed in accordance with City specifications and in accordance with the THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. That the improvements on said portions of the abovementioned drainage easement be and the same are hereby accepted and the City Engineer be and he is hereby authorized and directed to release escrow money in the amount of $I6,894'90' II' This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 24TH DAY OF JULY, 1986. ATTEST: Rangtte Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, City Engineer APPROVED AS TO FORM: John C. Ross, Jr', City Attorney Motion was made by Councilman Patterson, seconded by Councilwoman Tre'o authorizing Resolution #2380 as recommended by Staff. Motion carried: 7 Yeas; O Nays. 86-45A-334-489 (l3') Consider Resolution #2381 authorizing the Mayor to execute an 'application by the City of Lubbock to the Texas Historical Co See Historic Preservation for Certified Local Government status. Activities Report in File RESOLUTION #2381 RESOLUTION 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 Application by the City of Lubbock to the Texas Historical Commission for Certified Local Government Status in accordance with the National Historic Preservation Act of 1866, said application being 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 24th day of July, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sally Abbe Sally Abbe, Historic Preservation Planner APPROVED AS TO FORM: /s/ Laura J. Monroe Laura J. Monroe, Assistant City Attorney In 1980, the National Historic Preservation Act of 1966 was amended to allow local governments whose historic preservation programs meet certain criteria to participate more fully in State and National July 24, 1986 335 "Certified Local Governments" are eligible to apply for a portion of the Federal Historic Preservation funds allocated to the State Historic Preservation Office (the Texas Historical Commission). Federal regulations require that 10% of the annual State Preservation allocation be set aside for use by Certified Local Governments on local Historic Preservation activities. The City of Lubbock has previously received two grants, totaling $12,000, from the THC and this certification process must be completed before additional funding will be available. In addition, Certified Local Governments will participate directly in the nomination of properties to the National Register of Historic Places. The City of Lubbock meets the criteria necessary for designation as a Certified Local Government. These criteria are: 1) local legislation for the designation and protection of historic properties (Section 29-25 of the Zoning Code), 2) an adequate and qualified review commission (the Urban Design and Historic Preservation Commission), and 3) a system for the survey and inventory of historic properties. Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #2381 as recommended by Staff Motion carried: 7 Yeas; 0 Nays. 86-45A-335-490 (14.) Consider Ordinance intersection of Qu ORDINANCE #8943 3 authorizing a t 1:0►:Td A I Ell AN ORDINANCE AUTHORIZING A NEW TRAFFIC SIGNAL AT THE INTERSECTION OF QUAKER AVENUE AND 58TH STREET IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; AND PROVIDING FOR PUBLICATION. Request by residents for a traffic signal at Quaker and 58th Street has been discussed with LISD and they are in full agreement. Motion was made by Councilman Nash, seconded by Councilwoman Trejo to pass on first reading Ordinance #8943 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-335-491 (15.) Consider Ordinance #8944 removing the school speed zone on Quaker Avenue between 58th Street and 60th Street. ORDINANCE #8944 ORDINANCE NO. 8944 AN ORDINANCE AMENDING ORDINANCE NO. 8225 OF THE CITY OF LUBBOCK BY DELETING SUBDIVISION F OF SECTION 1 OF SAID ORDINANCE SO AS TO REMOVE THE REDUCED 20 MPH SCHOOL SPEED ZONE ON BOTH SIDES OF QUAKER AVENUE BEGINNING AT A POINT 108 FEET NORTH OF 61ST STREET AND EXTENDING NORTH TO A POINT 125 FEET SOUTH OF 57TH STREET; AUTHORIZING THE REMOVAL OF ANY TRAFFIC SIGNALS OR SIGNS PRESENT IN CONNECTION WITH SUCH REDUCED SCHOOL SPEED ZONE, AND PROVIDING FOR PUBLICATION. With a traffic signal being installed at Quaker Avenue and 58th Street similar to recent installations along 82nd Street, the school speed zone is no longer required. This was discussed with LISD and they have approved this change. Motion was made by Councilman Patterson, seconded by Councilman Carpenter to pass on first reading Ordinance #8944 as recommended by Staff, with the stipulation that this signal be operated in same manner as light at 82nd, east of Indiana. Motion carried: 7 Yeas; 0 Nays. 86-45A-335-492 (16.) Consider Resolution #2382 accepting water and sewer lines constructed to served Tract "A", Thomas L. Williams Addition. RESOLUTION #2382 336 July 24, 1986 RESOLUTION RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACT A, THOMAS L. WILLIAMS ADDITION. WHEREAS, the developer of Lots Tract A, Thomas L. Williams Addition have complied with the provision of the City of Lubbock Code, Chapter 28, Article IV, 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 $16,683.72 with the improvements constructed by Panhandle Construction Company having a value of $14,151.80 as determined by the unit prices established by said Chapter 28, and $2,531.92 cash paid to the City, with Thomas L. Williams, the developer to receive a refund of $11,500.32 in accordance with Chapter 28 of the Code of the City of Lubbock, 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 IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 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. 2. That the refundable cost in the amount of $11,500.32 be made in accordance with said Chapter 28. 3. That this resolution shall take effect and be in force from and after its passage. Passed by the City Council this 24th day of July, 1986. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ 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 to served Tract "A" is $16,683.72 including construction costs in the amount of $14,151.80 and cash to the City of $2,531.92. A refund in the amount of $11,500.32 is due the developer. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Carpenter to authorize Resolution #2382 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. M2320-R232 THE STATE OF TEXAS COUNTY OF WI eBOC R a s c o Before me a Notary Public in and for Lubbock County, T personally appeared Twi I a Aufi I 1 + Account Manager of the South pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening a being by me duly sworn did depose and say that said newspaper has been published contir than fifty-two weeks prior to the first insertion of this I eda I N n t i ro No. 755551_ at Lubbock County, Texas and tt ed copy of the l Nintir-0 is a true copy of the original and was printe Avalanche -Journal on the following dates. J u I y 9 ► 1986 nw I .._ — — nns — .won n w A Account Manager In And For Th« Notary Public o °.._. ., HTRROCK AVALANCHE -JOURNAL My Commission Expret Nov. 9, l�j:is July 24, 19S6 337 86-45A-337-493 / 6^) ORDINANCE #8945--ZONE CASE #2567 (2502 Globe Ave.) --Hold a Public Hearing on request of Wilma Johnson (for NaNa's Day Care) for zoning change from R-1 to A-2 on Lot 12 and south 112 of Out Lot 41, Block 40, Wheelock 2nd Addition. ORDINANCE #8945 ORDINANCE NO. 8945 -~- AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2567; A ZONING CHANGE FROM R-I TO A-2 ZONING, LIMITED TO A DAY CARE CENTER, ON LOT 12 AND SOUTH HALF OF OUT LOT 41, BLOCK 40, WHEELOCK 2ND ADDITION" LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Wilma Johnson appeared to request a zone change for NaNa/o Day Care - Center- Jewell Phaa appeared in favor of this request. The applicant proposes to remodel an existing structure in the neighborhood to be licensed by the State. Assistant City Manager Jim Bertram stated the adjacent land uses are as follows: North - Vacant R-1 lots South - Vacant R-I lots East - Existing single-family residence West - Existing church Mr' Bertram said that although this case does not closely fit the criteria for location for day care centers, the case has some jus- tification. Day care centers should be located on major thoroughfares or collectors and near the fringe of the neighborhood and this property is six lots off of East 26th Street, Although it does not carry that designation on the thoroughfare plan map, it functions as a collector between the Coronado and Manhattan neighbor- hoods. In marginal cases like this one, the charge to the Planning and Zoning Commission is to determine some kind of need and to evaluate 1,] any neighborhood support or opposition as key factors to measure against the five -change criteria contained in the Land Use Plan' Neighborhood reaction is especially important since day care centers are so often found in residential neighborhoods. The Commission recognized a need and total neighborhood support and approved the case with the A-2 zoning limited to a day care center. TheStaff recommended that the Council uphold the Commission. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Carpenter to pass on first reading Ordinance #8945 as recommended by Staff- Motion carried: 7 Yeas; O Nays. 86-458-337-494 ( 7.\ ORDINANCE #8946--ZONE CASE #2570 (southwest corner of 84th and Ave P)--Hold a Public Hearing on request of Bobby Griffith (for Venture Enterprises) for a zoning change from T to M-1 on a tract out of Section 9, Block E. ORDINANCE #8946 71i ORDINANCE NO. 8946 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2570^,A ZONING CHANGE FROM T TO M-1 ZONING ON A TRACT OUT OF SECTION 9, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY^, PROVIDING 8 SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Bobby Griffith, of Venture Enterprises, appeared to request this Change to establish original zoning on newly annexed territory. Assistant City Manager Jim Bertram stated the requested zoning is for warehouses and adjacent land uses are as follows: North - Telephone Sub -station South - Existing warehouses East - Warehousing and retail operations West - Agricultural 338 July 24, 1986 86-45A-338-495 S88 Publication r�,Iotic8 on Page 348 Mr- Bertram said that as a result of the M-I zoning on the adjacent parcel, the City has a "de -facto" Land Use Plan change and in that respect, this came fits the Land Use Plan policies. In the adjacent case, it was the Planning and Zoning Commission's position that they agreed with the 3taff/s feeling that all projected land uses were more likely to be of an industrial or heavy commercial nature and therefore unlikely to develop as the Plan originally contemplated' Further, the Commission stated that it was their position to accommodate all the existing land uses in the general area with appropriate zoning classification and avoid as many non -conforming situations as possible. The Commission also set aside their 660 dimension rule at intersections of major thoroughfares' The Commission approved the case with the following conditions: l' 8 7/ solid screening fence be required to be installed surrounding any outside storage. 2' 5% landscaping be required between the setback lines and the streets. The Staff recommended that the Council uphold the Planning Commission' Motion was made by Councilman Phillips, seconded by Councilman Patterson to pass on first reading Ordinance #8946 as recommended by Staff. Motion carried: 7 Yeas; O Nays. ORDINANCE #8947--ZONE CASE #2565 (IH 27 Corridor --Hold a Public Hearing on the City's request for a zoning change from R-1, AM, C- (Interstate Highway Industrial) on tracts along the IH-27 corridor. ORDINANCE #8947 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE N�, �5�5' A ZONING CHANGE FROM C-4 ' , , C-3, M-I, AND M-2 TO IHC AND IHI ZONING ON TRACTS ALONG THE lH 27 CORRIDOR, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLIC8TION, Jim Bertram, Assistant City Manager, presented this zone case and re- viewed the proposal for change in only existing commercial and industrial zones, making it clear that no existing residential ZVDin0 is included in the proposal, Patrick Murphy appeared to request that a change to this zone case request to include service road access from IH-27 between Broadway and 4th Street. Marvin McLartv, of McLartv Trust appeared to request that Council delay action on this Ordinance until the Contract is let' He further requested that his 81 acres be left as C-4 zoning' Lon Miller, Lubbock Outdoor, Inc,, requested that Council lift the moratorium on sign permits in the corridor and that billboards be included as a permitted use in the IH Corridor' Mr' Bertram gave the following background information regarding this request. A two-year Staff project, funded by Section 112 funds of the Federal Highway Administration (FY 81-82) /FY 83-841 researched the background of zoning adjacent to freeways, looked at possible problems and solutions, looked at available literature, and developed the basic proposals now in zone ordinance form' A Committee of the Planning and Zoning Commission met with many professional groups, citizen groups, and individuals between February 1985 and December 1985- Many changes were incorporated into the original materials to produce the current proposal. For nearly two decades, Lubbock citizens have expressed concern for 'Or highway corridors: Goals / - made general C000eDtS for the need to have quality corridor dgvg|opMent- 1973 Comprehensive Land Use Plan and the / "complete a comprehensive land use and zoning plan for the IH-27 Curridor through Lubbock". 1983 Comprehensive Land Use Plan - "Complete a comprehensive land use and zoning plan for the Interstate 27 Corridor through Lubbock" as well as "prepare a Corridor Analysis Study in conjunction with the lH-27 construction to evaluate the impact of future development and July 24, 1986 growth, and identify methods for protection and enhancement of existing visual corridors"' Goals 2005: Our most recent adopted series of community goals specifically for IH-27 are as follows: GOAL 12.0 - ENSURE THAT LAND USES AND VISUAL IMAGE OF THE CORRIDORS INTO AND WITHIN THE CITY REFLECT QUALITY LAND USE DEVELOPMENT AND POSITIVE URBAN IMAGE, OBJECTIVE 12.1 - IMPROVE HIGHWAY AND THOROUGHFARE ENTRYWAYS INTO THE CITY, INCLUDING LOOP 289, INTERSTATE 27, THE AIRPORT CORRIDOR, THE ENTRANCE TO MACKENZIE STATE PARK, AND MAJOR INTERSECTIONS. At the Planning and Zoning Hearing, non -conforming status was reviewed at length for the audience. l' Uoua in any district re -zoned may continue as they exist. 2. If this zone change creates a Non -conforming Use, that use may continue. If any Non -Conforming Use is discontinued for a period of one year, then the old use may not continue without a zone change or Z8A approval. 3' If a non -conforming use is destroyed in excess of 75% of replacement costs, the use may not rebuild without a zone case or ZBA approval. 4' The greatest concern for Non -Conforming Use is usually expansion. Any Non -Conforming Use must have Zoning Board of Adjustment approval for expansion. Thus, if this Zone case creates a new Non -Conforming Use, a zone case or ZBA approval must be secured before expansion can take place' Review of the Districts - IHC Purpose. Following is a list of C-4 Uses not included in the IHC (Interstate Commercial): l' Automobile body shops, outside storage limited to customer vehicles only. 2. Automobile brake shop. 3. Automobile glass shop. 4' Automobile seat cover and upholstery shop, 5- Automobile transmission shop. 0' Used automobile and recreational vehicle sales and service (may include body and paint shop, as accessory use). 7, Billboards (subject to the provisions of Section 23 (28-26))' 8' Boat and boat trailer sales and service. 9. Builders supply. All materials must be in a building. lO. Feed store with no grinding, packaging or mixing of feed permitted. II' Furniture store, used, (All merchandise must be in a building). 12' Garage, public, repair' (Outside storage of customer automobiles authorized). Al] work and separate parts shall be inside a building. 13. Hot tamale plant. 14. Lumber yard, with no mill. All materials must be in a building- l5. Mobile home sales. 16. Muffler ohop- 17. Pent control service. 18. Portable building sales (fully constructed). 18' Rental store. 20. Rental store, heavy equipment and trailers only. 21. Second-hand goods store or pawnshop. 22' Second-hand or used car sales lot, not including wrecking and repairing, but including minor tuniUg- 23. Swimming pool, commercial or sales' (Business permitted outside building). 24- Truck and trailer sales, rental or service. 25- Trailer and truck rental utilitv. Also, several C-4 uses were transferred to the IHI (Interstate Industrial) District' l' Auto body shops. 2' Auto brake shops. 3. Auto glass shops' 4' Auto seat cover. 5' Auto transmission. ' " -- --` - 340 July 241986 7. Builders supply. 8' Furniture, Used. 9' Garage, public repair. IO- Muffler shVp- lI. Pest Control service. 12. Rental store. 13' Second-hand goods or pawnshop- I4' Second-hand or used car sales. 15. Swimming pool sales. 15. Trailer and truck sales- 17' Trailer and truck sales, rental, service. Thus, the IHC zones will permit C-2A, C-2, C-3, IHO, and the selected C-4 uses. The major change in the Interstate Districts from C-4 is design standards: l' Site Plan reviewed by Staff or appealed to the Planning and Zoning Commission. 2' Ingress/egress - one drive cut for the first lUU/ of a parcel, and one additional for each additional 200/. 3' Building materials - for walls visible from the right-of-way, 75% masonry, wood, glass, or architecturally decorative mate- rial. Clad metal is not included Unless marketed and accepted as being architecturally decorative in class ification. 4' No loading docks facing the freeway. 5' Underground utilities must be used unless otherwise approved by the Planning and Zoning Commission. 6' No outdoor storage. 7. Screened or low visibility microwave dishes. 8. 10% landscaping plus the parkway. IHI Review of the IHI District: The following are M-1 uses omitted from l. Cheese manufacturing. 2' Commercial schools, including mechanical and trade. 3' Contractor plant or storage yard' 4. Feed store. 5' Ice cream manufacturing. 6. Irrigation sales and service. 7. Mobile home manufacturing. 8. Mobile home storage. Q' Pre -fabricated or ready- built house or portable building manufacturing. lO' Sign shop. lI' Stack lot. 12. Tire recapping and Vulcanizing' 13. Trailer or camper manufacture. 14. Welding shop. Also, the following were transferred from C-4: l' Automobile body shops, outside storage limited to customer vehicles only. 2' Automobile brake shop. 3. Automobile glass shop. 4' Automobile seat cover and upholstery shop' G' Automobile transmission shop' 6' Boat and boat trailer sales and service. 7' Builders supply. All materials must be in a building. 8' Furniture store, used. S. Garage, public repair. All work and separate parts shall be inside a building. (Outside storage of customer automobiles authorized). 10' Muffler shop. lI' Pest control service. 12. Rental store, heavy equipment and trailers only. 13. Second-hand goods store or pawnshop. 14' Second-hand or used Car sales lot, not including wrecking and repairing, but including minor tuning. lS. Swimming pool, commercial or sales. (Business permitted outside building). lb' Trailer and truck rental, utility' 17. Trailer and truck sales, rental, or service. Thus, C2&, C-2, C-3, IHO, and IHC and M-I with omitted uses are allowed. Development standards for IHI are substantially the same as IHC except: I. Buildings larger than 29,800/ may use factory manufactured metal walls with hidden fasteners, and; 2- Outdoor storage must be screened from freeway or adjacent thoroughfares. (T-I and T-2) July 24, 1986 341. Four alternatives for recommendation to the City Council were reviewed with the Planning and Zoning Commission: 1. Approve as illustrated. 2. Change individual parcels within this case. The Commission and/or City Council can change any IHC to IHI if the existing zoning is M-1, but not if the existing zoning is C-4. 3. Recommend this proposal to Council as advertised, but instruct the Staff to start a new zone case for any parcels having merit for change to another district. 4. Remove parcels entirely from the zone case. The Staff did not recommend this option since windows in the corridor concept would be created and would be an inequity to those whose zoning is changed. The Planning and Zoning Commission recommended the zone case as presented in Alternative #1. Staff recommended approval of the Planning and Zoning Commission's recommendation. 1 Motion was made by Councilman Carpenter, seconded by Councilman Patterson to uphold the Planning and Zoning Commission and pass on first reading Ordinance #8947. Motion carried: 4 Yeas; 3 Nays --Mayor Pro Tem Baker, Councilman Phillips, Councilman Nash. 86-45A-341-496 ( 9.) ORDINANCE #8948--ZONE CASE #2460-C--(southeast corner of Loop 289 and Quaker) --Hold a Public Hearing on appeal of Burl Masters (for Walter Fagan, et.al.) for zoning change from R-1 Specific Use, C-2A, C-2A Specific Use, C-2, C-2 Specific Use, and C-3 Specific Use to R-1, R-1 Specific Use, C-2, C-2 limited, C-3, and GO on a tract of land out of Section 11, Block E-2. ORDINANCE #8948 ORDINANCE NO. 8948 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2460-C; A ZONING CHANGE FROM R- 1 SPECIFIC USE, C-2A, C-2A SPECIFIC USE, C-2, C-2 SPECIFIC USE, AND C-3 SPECIFIC USE TO R-1, C-2, C-2 LIMITED TO PROFESSIONAL OFFICES, C-3 AND GO ZONES AND R-1 SPECIFIC USE PERMIT FOR TOWNHOUSES/GARDENHOMES ON A TRACT OUT OF SECTION 11, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Burl Masters appeared to speak in favor of this request. Harlan Thorvilson, President of Quaker Heights Home Owners Association, and Harvey Joning and Daniel Nathan, members of Quaker Heights Home Owners Association appeared in opposition to this request. Mr. Thorvilson requested that the GO construction be done prior to or concurrently with commercial development to the east. He further expressed concern about the occupancy rate of additional retail space and increased traffic on Quaker, between the Loop and 82nd Street. Assistant City Manager Jim Bertram reported to Council that the applicant has included a wide range of proposed uses and districts in this new case from open retail to office and residential and gave the following brief history of the case. 1. In 1978, Zone Case 2127-A zoned about 550' of land area, south of the Loop, to open C-3, C-2A, A-1 and R-2. (See Exhibit 1) 2. In 1983, Zone Case 2127-B added some acreage to the C-3 zoning and tied it to a Site Plan. 3. In 1984, Zone Case 2460 changed the previous open C-3 zoning, plus some additional acreage, to C-3 Specific Use Permit for Regional Shopping Mall. 4. In 1985, Zone Case 2460-B amended the Site Plan of case 2460 by reducing the size of Tract A (the mall) by 12 acres and changing the parking ratio from 175 to 200. The current status of this zone case history is as follows: 1. The existing zone case (2460-B) provides that the Specific Use Permit on Tract A (mall) expired on May 2, 1986. The zoning has now reverted to whatever districts had previously been approved in Case 2460. 2. Zone Case 2460 established an October 1986 expiration date on the mall tract that generally has the same configuration as Tract A in Case 2460-B. Upon that expiration the zoning reverts once again 342 July 24, 1986 3. Zone Case 2127-B established open C-3 zoning on a smaller tract than what has commonly been referred to as the Mall site. If nothing happens to initiate any of the various Specific Use Permits attached via three zone cases, and all zoning reverts ultimately to the controlling Ordinance (Zone Case 2127-B) the resulting acreage will be as follows: C-3 @ 11.2 acres C-2 @ 4.5 acres C-2A @ 4.1 acres (limited to professional offices) R-2 @ 11.0 acres R-1 @ 129.2 acres Total 160.0 acres During a hearing before P&Z and City Council some 18 months ago, the applicant, in conjunction with several consultants, justified the need and support capability of the surrounding neighborhoods sufficiently to win approval of the change. Subsequent to that Plan Amendment, the first mall case was approved as a Specific Use Zone Change so the zoning would revert to its previous classification if a regional mall wasn't built. P&Z was to determine whether or not to maintain their position on the Amended Land Use Plan or rescind it and recommend that it be changed to residential. This would put the burden of justifying all the proposed commercial acreage within the guidelines of the Land Use Plan because the original case and amended Land Use Plan was predi- cated on a 1.5 million square foot regional mall whereas the new case proposes open C-3 and C-2 zoning. The new case compares to the existing zoning as follows: Current New Net Zoning Case Change (ac.) (ac.) (ac.) R-1 12 22 +10 R-1 SPU 5 18 +13 C-20imited) 17 +17 C-2 8 18 +10 C-3 76 54 -22 GO 35 7 -28 136* 136* *The remaining 24 acres estimated to be included in the lake areas. i (The "Net" change equals a 23 acre shift from commercial to residential over the existing zoning) Mr. Bertram stated that another concern is traffic volume. As a requirement for Case 2460-B, the applicant was directed to supply the City with a professional Traffic Engineering Study that addressed total volume, street capacity, generating characteristics, trip assignment and neighborhood impact. The report contained an estimation of 41,000 Average Daily Trips (ADT's) for the mall and satellite uses whereas the current case, using the same trip generating characteristics, is estimated to generate only 35,695 ADT's or 5,305 less than the mall. Noting that the case is consistent with the Land Use Plan as amended, and that there is actually a 23 acre shift of commercial zoning to residential zoning, and an estimated decrease in traffic volume of 5,305 Daily Trips, the Staff was supportive of the case, except for one problem area. The Staff continues to be opposed to any open retail zoning adjacent to Quaker Avenue from the alley north of 75th Drive to the alley south of 78th Street. This position was emphasized by no less than six speakers from the Quaker Heights area in opposition to the case. Opposition from Quaker Heights advised that not only was the retail along Quaker unjustified in light of the concessions made to Melonie Park South but also that the entire zone case was questionable from a need standpoint, an issue of marketability. The Commission voted 5 to 1 to deny the case. A recent real estate market analysis indicated that the average annual absorption rate of retail space was about 110,000', whereas about 470,000' of new space was coming on-line with existing floor area available. If there is not a strong commercial market in the foreseeable future, then fragmented, visually disassociated com- mercial development like that along 69th Drive, east of Slide Road, is possible. Upon approval, it should be with the following condi- tions: A. That a lot or lots adjacent to Quaker Avenue from the alley north of 75th Street to the alley south of 78th Street, to a depth just short of the old landfill, be included in the July 24, 1986 343 B. That a Site Plan, including building materials, color, and texture, shall approved by the Planning and Zoning tract under this Ordinance prior to building permit. elevation showing be submitted and Commission on the entire the issuance of a Motion was made by Councilman Phillips, seconded by Councilman Patterson to override the Planning and Zoning Commission and to pass on first reading Ordinance #8948 including Conditions A & B as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 86-45A-343-497 (17.) Consider Ordinance #8949 authorizing $4,200,000 "City of Lubbock Texas, Combination Tax and Sewer System Subordinate Lien Revenue Certificates of Obligation, Series 1986". ORDINANCE #8949 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $4,200,000 "CITY OF LUBBOCK, TEXAS, COMBINATION TAX AND SEWER SYSTEM SUBORDINATE LIEN REVENUE CERTIFICATES OF OBLIGATION, SERIES 1986"; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A PLEDGE OF THE NET REVENUES DERIVED FROM THE OPERATION OF THE CITY'S SEWER SYSTEM; PROVIDING THE TERMS AND CONDITIONS OF SUCH CERTIFICATES OF OBLIGATION AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, AND SECURITY, OF SAID CERTIFICATES OF OBLIGATION; AND PROVIDING AN EFFECTIVE DATE. 86-45A-343-498 (17.A) See Agreement in Files Second reading on this Ordinance will be held on July 25, 1986 at 8:00 a.m. Assistant City Manager Robert Massengale advised that this Ordinance is routine because bid is not being awarded on the certificates and the interest rate is not being set at this time and that a special meeting will be held on July 31 to set the interest rate on the certificates and award the certificates to the best bidder. This $4.2 million in Certificates of Obligation is for the purpose of purchasing the sewer farm that was agreed to by the City Council in June of this year. Motion was made by Councilman Carpenter, seconded by Councilman Nash to pass on first reading Ordinance #8949 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider Resolution #2383 authorizing the Mayor to sign a Sales Agreement for golf inventory. RESOLUTION #2383 RESOLUTION 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 Sales Agreement by and between the City of Lubbock and John McClure, 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 24th day of July, 1986. /s/ B. C. McMinn B.C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Rita Harmon Rita Harmon, Assistant City Manager for Public Safety and Services APPROVED AS TO FORM: /s/ Michele Hart Michele Hart, Assistant City Attorney Meadowbrook Golf Course has been managed by Jay McClure for approximately 28 years and three years ago, Mr. McClure announced he ----II --- ---- ^- '- ' --- n^ I^^c T._ I- - n_9r n.--.C---'-.--I July 24, 1986 344 Agreement, effective January, 1983° the City of Lubbock reserved the right to operate all of the concessions previously operated by Mr' McClure, provided that the City entered into good faith negotiations to purchase the equipment and inventory' Because of the revenue potential and the desire to have total control over the quality of the operation, the City has selected to exercise its option to purchase the equipment and inventory- A Sales Agreement between the City of Lubbock and Jay McClure which specifies the procedures used to determine the value of the equipment and inventory and establishes a maximum value of the total inventory has been negotiated and is agreeable to both parties' Mr' McClupm/s Attorney, Dale Johnson, and City Attorney John Ross, have been a party to the negotiations. The Dales Agreement contains the following key provisions: I. The maximum value of the inventory and fixtures of the pro shop, the golf carts and related parts inventory, the driving range equipment, and the food concessions inventory and fixtures is $400,000. 2' The value Of the inventory fixtures and equipment shall be the invoice price or depreciated value, whichever is less. Any disputes will be determined by the average of four appraisals, two of which are selected by each party. 3' The value of the golf cars will be determined by the average of three appraisals, performed by golf car manufacturers, two of which are selected by the City and the third for the manufacturer of the majority of the cars' 4. The closing will occur October l, 1886 at which time the City will receive clear title to all equipment, inventory and cars' Upon approval, Staff along with Jay McClure will need to begin immediately to inventory the equipment and determine Values as outlined in the Agreement. It was recommended that City Council approve the Agreement. Motion was made by Councilman Nash, seconded by Councilman Patterson to authorize Resolution #2383 as recommended by Staff. Motion carried: 7 Yeas; D Nays. 86-45A-344-499 (18') BID #8936--Triple combination pumper apparatus (Fire Department). 3-D Fire Apparatus, Inc., Wimberly--1250 GPM pumper Motion was made by Councilman Patterson, seconded by Councilman Carpenter authorizing low bid meeting specifications. Motion carried: 7 Yeas; O Nays. 85-45A-344-500 (IB') BID #9039--Current potential transformers (Electric Distribution). Poleline Electric Supply Co." Amarillo --Items 32 through 38 Motion was made by Councilman Patterson, seconded by Councilman Carpenter authorizing low bid meeting specifications. Motion carried: 7 Yeas; O Nays. 86-45A-344-50I (2O.) BID #9046--Drilling and developing seven wells in Sandhills Well Field, and authorize same (Water Utilities). S28 A�r��0�Dt in Files ~ RESOLUTION #2384 July 24, 19ff- 345 RESOLUTION 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 with Hi -Plains Drilling Company, Inc., for drilling and developing seven wells in the Sandhills Well Field, 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 fully copied herein in detail. Passed by the City Council this 24th day of July, 1986. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney 86-45A-345-502 (21.) See Contract in Files /s/ B. C. McMinn B. C. McMINN, MAYOR Hi Plains Drilling, Inc., Abernathy --Low bidder Motion was made by Councilman Patterson, seconded by Councilman Carpenter authorizing Resolution #2384. Motion carried: 7 Yeas; 0 Nays. ID #9060--Irrigation Parks & Recreation). RESOLUTION #2385 stem for Phil Hoel RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ize same 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 Public Works Contract by and between the City of Lubbock and Pharr and Company for the installation of an irrigation system in Phil Hoel Park in the City of Lubbock, Lubbock County, Texas, 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 part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of July, 1986. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Rita P. Harmon Rita P. Harmon, Assistant City Manager for Public Safety and Services APPROVED AS TO FORM: /s/ Michele Hart Michele Hart, Assistant City Attorney Pharr & Company --low bidder Motion was made by Councilman Patterson, seconded by Councilman Carpenter authorizing Resolution #2385. Motion carried: 7 Yeas; 0 Nays. July 24, 1086 88-45A-340-503 86-45A-346-504 86-45A-346-505 (24.) 86-45A-348-506 /25'\ 88-45A-346-507 (25') 86-45A-346-508 86-45A-346-509 BID #9062--Miscellaneous electric items (Warehouse stock). Nelson Electric Supply Co. --IOU lightning arresters Temple, Inc'--38-2o cable support; 20 transformer cluster mount General Electric Supply Co'--1,200' metal conduit pipe 8MFAC Electric Supply Co'--100-4x PVC plastic Schod, 40 8raybar Electric Co., Amarillo--IO polyphase enclosures; 24 conduits Cummins Supply Co., Amarillo--200 ground rod clamp; 200 lightning arrester; 75 I5KV outdoor terminator' 200 connectors , Poleline Electric Supply, Inc', Amarillo--75 UKD connectors; 300 strain clamps Motion was made by Councilman Patterson, seconded by Councilman Carpenter authorizing low bids meeting specifications. Motion Carried: 7 Yeas; O Nays - Consider appointments to the Zoning Board of Adjustment to fill unexpired term of Bill Maloy, and consider alternates. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Carpenter designating Benny Nixon as a regular member and appointing Mel Lisman as an alternate member to the Zoning Board of Adjustment. Motion carried: 7 Yeas; O Nays, Consider has resigned. Motion was made by Councilman Nash, seconded by Councilwoman Tr 'o to appoint Jimmy 3hankle to the Lubbock Athletic Committee. Motion carried: 7 Yeas; O Nays' Consider three appointments to the Airport Board. The terms of Larry Corbell, Vilsen Salinas, and Lynn Rowan expire August 11, 1986. Motion was made by Councilman Nash, seconded by Mayor Pro Tem Baker appointing Dr' Lloyd Garland and James 3chiermeyar to the Airport Board. Motion carried: 7 Yeas; U Nays. No action was taken regarding Lynn Rowan. Consider four appointments to the Lubbock Industrial Development Corporation. The terms of Alan Henry, Moises Perez, George Scott, Jr., and Bob Suter expire July 24, 1986. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Carpenter to reappoint Alan Henry, Moises Perez, George Scott, Jr', and Bob Suter to the Lubbock Industrial Development Corporation. Motion carried: 7 Yeas; O Nays' Consider one appointment to the Canadian River Municipal Water Authority. The term of George Wilson expires July 31, 1986. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Carpenter to reappoint George Wilson to the Canadian River Municipal Water Authority. Motion carried: 7 Yeas; D Nays. Consider five aoPoiDtments to the Lubbock Civic Canters ues and Gwen Stafford expire August 1, 1986. g Motion was made by Mayor Pro Te0 Baker, seconded by Councilman Phillips to appoint Earlgne Garland, Irma Perez and Barry Orr and to reappoint Kaye Greer and A. E. Quest. Motion carried: 7 Yeas; O Nayy. 86-45A-346-518 (29-) Consider four appointments to the Lubbock Municipal Arts Commission. The terms of Susie Moore, Anita Taylor, Dottie Johnston and Raymond July 24, 1986 347 Motion was made by Mayor Pro Tem Baker, seconded by Councilman Phillips to reappoint Susie Moore, Anita Taylor, Dottie Johnston and Raymond Powell to the Lubbock Municipal Arts Commission. Motion carried: 7 Yeas; 0 Nays. There being no further business to come before the Council, Mayor McMinn adjourned the meeting at 11:41 a.m. r B. C. McMINN, MAYOR ATTEST: Ranette Boyd, City Secretary READ AND APPROVED THIS 14TH DAY OF AUGUST, 1986. B. C. McMI N, MAYOR ATTEST: Ra tte Boyd, City Secr ary THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Glenda Rasco a Notary Public in and for Lubbock County, Texas on this day personally appeared Twila Aufi,11, A-r—count mana0er of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this . i agn I Notice No. 755552 _ at Lubbock County, Texas and the attached print- ed copy of the —, Lega I Notice is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: 105 inches to $20.35 inch = $2q130e[:) Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation n F-) GLENDA RASCO Rotary Public fn And For Th� Sta"t MY Commission Expires Nov. 9, �;83 Subscribed and sworn to before me this 9 t hda,y of _. J u I Y 1 19 86 FORM 58-10