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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/28/1978S EP 2 8 1978 &3i5 REGULAR CITY COUNCIL MEETING SEPTEMBER 28, 1978 The City Council of the City of Lubbock, Texas, met at 9:30 a.m. in the regular meeting place at City Hall, the following members being present, towit: Mayor Dirk West, Mayor Pro Tem Alan Henry, Councilwoman Carolyn Jordan, Councilman M. J. Aderton, Councilman Bill McAlister, City Manager Larry Cunningham, Assistant City Attorney Ken Jones, and City SecretaryTreasurer Evelyn Gaffga. Absent: City Attorney John C. Ross, Jr. 78-37-315-871 The invocation was given by Tom Foster, Fire Chief. (1) 78-37-315-872 The Pledge of Allegiance to the Flag was given in unison by those present in the Council (2) Chambers. 78-37-315-873 Approval of City Council Minutes - Regular Meeting, September 14, 1978 (3) Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to approve referenced minutes. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-315-874 Certificates awarded to new Board Members (4) To: Adam Gonzalez, Lubbock Visitors and Convention Bureau 78-37-315-875 Proclamations (5) "Employ the Handicapped Week" - October 1-7, 1978 Mr. Tom Bouriand, Texas Employment Commission and Commander P. C. Mooney accepted the proclamation. "Cotton Days" - October 6 and 7, 1978 Mr. Tommie Stevens, Chairman of Cotton Committee accepted the proclamation. 78-37-315-876 Airman of the Month (6) Airman First Class Michael A. Taylor of Reese Airforce Base accepted the award of Wing Airman of the Month. 78-37-315-877 Special Presentation (7) Mayor Dirk West presented a Certificate of Appreciation and plague to Mr. Alton Abbott who has served 25 years on the Citizens Traffic Commission. 78-37-315-878 Ordinance No. 7724 (8) AN ORDINANCE REPEALING ONE-WAY ALLEY TRAFFIC ORDINANCE NO. 7172, AUTHORIZING REMOVAL OF ONE-WAY TRAFFIC SIGNS, ESTABLISHING TWO-WAY TRAFFIC ON THE EAST -WEST ALLEY LYING NORTH AND ABUTTING LOTS 603 THROUGH 615, CAPROCK ADDITION AS DESCRIBED IN THE BODY OF THIS ORDI- NANCE, PROVIDING A PENALTY AND FOR PUBLICATION HEREOF, PROVIDING A SAVINGS CLAUSE, AND DEC- LARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE AND CUMULATIVE. Amendment to ordinance designating alley behind Parsons Elementary School as oneway Motion was made by Councilwoman Jordan seconded by Councilman Aderton to pass referenced ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-315-879 Ordinance No. 7729 (9) AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Water Capital Fund The sum $ 49,843.06 For the following purpose: Miscellaneous water lines ahead of 1978 Assessment Paving Program Bid $45,606.66 City's Cost 1,500.00 Engineering & Contengencies 2,736.40 49,843.06 316 SEp 2 8 1978 Appropriation ordinance from Water Capital Fund in the amount of 49,843.06 for lines ahead of 1978 Assessment Paving Program Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass referenced ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-316-880 Ordinance No. 7730 (10) AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Sanitary Sewer Capital Project The sum $ 8,599.46 For the following purpose: Sewer lines ahead of 1978 Assessment Paving Program Bid $7,985.34 Manhole Adjustment 135.00 Engineering & Contengencies 479.12 8,599.46 Appropriation ordinance from Sanitary Sewer Capital Project Fund in the amount of $8,599.46 for lines ahead of 1978 Assessment Paving Program Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-316-881 Ordinance No. 7732 (11) AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Sanitary Sewer Capital Improvement Bond Fund The sum $ 10,000.00 For the following purpose: Acquisition of land for water reclamation project Appropriation ordinance for the purpose of acquisition of land for water reclamation project Sanitar Sewer Capital Improvement Bond Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on second and final reading: Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-316-882 Ordinance No. 7733 (12) AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF ALLEY: A PORTION OF ALLEY IN KEETON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY' DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET ALLEY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance to abandon and close the 20.00 foot alley in Keeton Addition Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-316-883 Consider a resolution authorizing the Mayor to execute a Quit Claim Deed to owner. (13) SEP ;& 8 1978 :317 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 Quit Claim Deed in favor of TEXAS INDUSTRIAL SERVICES,INC., a Corporation, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of September, 1978 /s/ Dirk West MAYOR ATTEST: /s/ Even Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-317-884 Ordinance No. 7734 (14) AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; Co-op Holly Overhead Transmission Line NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Electric Revenue Bond Fund The sum $ 27,764.00 For the Following purpose: Acquisition of Easements for Overhead Transmission Line Easements...........................$24,364.00 Appraisals...... .................... 2,300.00 Incidentals .........................100.00 Total $26,764.00 Appropriation ordinance from Electric Revenue Bond Fund to acquire easements for overhead transmission line to Holly_ Plant. Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-317-885 Ordinance No. 7735 (15) 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 1978; APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE REAISED; FIXING THE TIME IN WHICH SAID TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NON-PAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED. Ordinance establishing tax rate for fiscal year 1978-79 Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-317-886 Ordinance No. 7731 (16) AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREET: APPORTION OF AVENUE P LYING BETWEEN SWEATT ADDITION AND KEYSTONE FLEMING ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN STREET; PROVIDING A SAVINSG CLAUSE AND PROVIDING FOR PUBLICATION. Abandoning and closing a portion of North Avenue "P" between Sweatt Addition and Keystone Fleminq Addition 318 SEp ,, 8 1978 78-37-318-887 (17) Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass said ordinance on second and final reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Consider a resolution authorizing the Mayor to execute a Quit Claim Deed to owner. 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 Quit Claim Deed in favor of THE FEATHER- LITE CORPORATION, a subsidary of Justin Industries, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th say of September, 1978 ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney /s/ Dirk West MAYOR 78-37-318-888 Consider_ a resolution authorizing the Mayor to execute a Special (18) Warranty Deed to The Featherlite Corporation for a 0.809 acre stri of land, owned by the City of Lubbock, between Sweatt Addition and Keystone Fleming Addition. 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 Special Warranty Deed in favor of THE FEATHERLITE CORPORATION a susidary of Justin Industries, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of September, 1978 /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman Aderton to pass referenced resolutions. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-318-889 Ordinance No. 7728 - Zone Case No. 2195 (19) AN ORDINANCE CORRECTING ORDINANCE NO. 7697 WHICH WAS PUBLISHED IN A FORM WHICH DID NOT *PUBLISHER'S CORRECTLY REFLECT THE INTENT OF THE CITY COUNCIL AND WHICH SHOULD HAVE BEEN CAPTIONED AS AFFIDAVIT ON FOLLOWS: AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF PAGE 318A. LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2195; CHANGE LOTS 26 THRU 27, LESS THE EAST 2 FEET OF LOT 27, BLOCK 3, RICELAND ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-3 TO C=4 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; AND PROVIDING FOR PUBLICATION. Request of Nelson D. Hall Lots 26 and less the East Addition, City of Lubbock to "C-4" Zoning District about 133.6 feet West of Commission recommended tc for Mesquite -Ring, Inc.) to change feet of Lot 27, Block 3, Riceland Lubbock County, Texas, from "C-3" ocated South of Clovis Road and int Avenue The Planning and Zoni he City Council that this request b approved. 318A r r P r II 78-37-318-889 I (19) i i 78-37-319-890 li (20) 78-37-319-891 (21) 78-37-320-892 (22) 78-37-320-893 (23) 78-37-320-894 (24) 78-37-321-895 (25) 78-37-321-896 (26) 78-37-322-897 (27) 78-37-323-898 (28) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Ma ri I Yn Pierce a Notary Public in and for Lubbock County, Texas on this day personally appeared Ja C. Riekman9 Husiness Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal - Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two we ks rior to the first iII grtion of this Lelea I Notice - 2230 ►fords 21& Per word - 46� .30 No!:) (449 at Lubbock County, Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: September 129 1478 ,QZ BuS1.Ass Manager LUBBOCK ALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 13 t h day of S e P t em b e r , 1978 MAMLYN MY COMMISSION EXPIRES FEB. 1, 1960 Notary Public in and for Lubbock Countys Texas NOTICE THENCE North OOc05'37" west, The Planirng andZur4ing Commis• sitln recommended to the City OF along the west fight-of•way. hoe Ot Council Ihat This request be ap- CITY COUNCIL HEARING university Avenue. a tli Stan[! Of y proved subjeC' 10 the tolsowing Can - 153.19 feet to a found 3 d" rod of a NOT ICE i, hereby 91! R t0 dwnerS of the p operty hereinafter de• point at Curvature, d NOW I That it be tied to s to plan scribed or referred to and to all I THENCE Northwesterly. around a curve to The left, said curve having 8 ZONE CASE No 2103 - Requell John Fi. Orr tar Communities other persons as provided by law, that Ine City Council will hold a a radius of 215,00 feet, a delta angle at of 840 t6'34"', tangent lengms of aevetoprmn, Corporation) IQ a tra-t of land out a! So[• public hearingg on the 28th day oft 194.52 feet, artd a chord distance of changqe 194,52 lion 22, Block A, City of Lubbock September, 1978, of 1D:30 A.M., in the City [O,,, i Chamber On the feet, to a found 3 a" rod in She southerly r,ght•at•way line Of Lubbock County Texas, from R•1 to A•1 Zoning District - Located Second Fluor of lose City Mall, in, h Lubbock, Texas, to consider Tha• k'ndatoons Loop 289, THENCE NOYIh 8s-22.OY West South Of LOOP 289 and West of To• I race- al ine Planning anal Zoning Commission that The along the southerly .rght-of•way peka Avenue ). line of Loop 289, a distance of.5o9.20� PrOPerty is further descriued bl' zoningdistrict of the properly here .�� d] erti dscribed be changed; and at . i metes and bounds to wit. feet to a found 2-inch iron nive; BEGINNING of a point which { wnich time and place allinterested persons win be given an tipporluni= THENCE South 89.37 West along bears EaSN2307.7 leaf, and North , the Southerly right•ot•way I'ne o1 1114.11 feet Irom the Southwest ty t0 ba hears. alter wNch-hearings the City COuncit will determine Loop 289, a distance of 651.70 feet Corner at So.lion 22, Block, A, T. T. to found 3'8" red a1 the northeast RR CO. Survey, to SouthweSI car• whether the Zoning Ordinance and corner of Lot A. Times Square Ad ner of this tract at land, and the map will be amended in accord- ante withsuchrecommendafion• dill ao 10 the City of Lubbock Lub- point a' Be' mmng ISOCKCounly Texas, THENCE North (23052 feel to a 1 ZONE CASE NO. 2196 - Request of Hilly Meeks C for Tara Land THENCE South DD 03 Eas' along point In the Southerly righl•of•way the feast ,ne of said Lot d. a dirt- tine o1 hoop 289, the Northwest car Company) to change a tract of land' ante of 336.35 feet to me Place of ner of this tract 01 land. I THENCE North 53t03' Easf 400.00 out at Section 22, Block A, City of Lubbock, Lubbock Counly, Texas, Beginning, and eantainng 13136 I acres of land, mare or less feel along the Southerly right•of- I way line of LOOP 289 to the North• from R-I to R-2 and A•1 Zoning DIS- The Planning and Zoning Commis• City east corner of th s Traci o1 land; fact. (Located South Of Loop 289 Sion recommended to The I THENCE South 36 57' East 85,00 and about 145 feet East Of North, Council that this request be aP• feet along the Westerly nght•of• Ulica Avenue'. : Properly is further described by proved subject to the following can- difions. way line o1 Ut ca Dr we to a poinI, I THENCE along an arc to the right melts and bounds to wit: Zone change to A•1 I. That it be 1 ed to a site plan 2. That the south side at the bu4d• whose red us of I5.00 feel. total an I 95- [0, 'ength 23.56 feel. ro a METES AND BOUNDS DESCRIP• Ipg be of compatible matenat, pre• ge ;. TION at a tract located in Section THENCE So th 36 57 East $6.001 lerabfy rock or brick. [[ THENCE 22 Block A. Lubbock County, Tex-i as, being shown as Lots 62 through. g 82. the Preliminary Pia+ of 3, That a screening fence be erect- 1 feel to a pa rf. ad On the east property tine. THENCE along an art a 'he rrghl on i fp the Ci• 4• That the i0 toot strip of landlon whosr radius' , 15 00 fee:, ro•al an, 1 Whispa-cl an addition the south be landscaped so as to 9 e s 90�40' 'engrh s 23 :6 fees. To a 1 fy o! Lubbock,. Lubbock County, 6dequalet dleraef' from she south y point the. Westerly nyhf•ol way Texas, being lurther.deSLfibed as t011oivs: - + end of the building. meat ulna Drive; 3• ZONE CASE NO. 2196•A - Re- THENCE Spurn 36 11' East Ilia BEGINNING at a point whch �, bears North. 920.00 feet and EaSS ol- way line at Utica Dave fo a point. Land Company) to uasi at Billy chariotks tior Lois 1 feet afOng the wassail' rig' ' 2007 90 felt from fe Southwest corner o1 Sech.n 12, Block A. fhra a and 7 fhra 11, Whisperwt>Od t THENCE along an arc !o the nghr Addition, City o1 Lubbock, Lubbo k whose radius s 15 00 reel. Tots a r THENCE East an' approximate distance of 155.04[eet County, Texas, from R-1 to A•1 le is 90c00' length is 23 56 feet to a Zoning Dist+ Ct (Located North of 4 THENCE North an approxima'e 41h Street 6 West of UYca Ave- THENCE South 36e5T East 56,00 THEI distance of 1980.00feet THENCE Nonnwester y, around a rjke'y fees 10 a point. Planning and Zoning Comm s• THENCE along an arc !o IhC right Curve to the tell, Said Curve having an adpro% Mate chord distance of I .The $ian recommended to the City whose radius is 15.00 tear, fora. an• Council that this request be ap• gfl.is 90a04', IengE1, ,s 23.56 feet. to 170.00 tees; + THENCE North 36056'10" West ad prayed subiect to the followMg con- a-p"intill he Yveser,y nght•at-way' approximate distance of 'S.00leet. tlltion: a ne 0l t.I ,,So Drive. 1. That if be restricted to town THENCE South 36o5T East 85.00 THENCE North 53c03'50" €ast aril 'houses. .eat along the Westerly right -of - appraximatC d Stance a1 ,,,a approximate 1. ZONE CASE NO. 1124•C - Re- i way'In! d! Utica Drive to a point; 3 South $3:OT west 200.00 THENCE 5dulh an approximale 'distance of 2495.00 feet; quest of James Gerdeman (for THENCE M 6 S Enterprises! !0 diangtr feet to a point, South SshaENortherly THENCE West an approximate d sla�ce0!32400feef: Lots 11; 12 and the West 6 fee! Of f THENCE Lot 11 Block 1, R.C. Williams Ad- fee- to a Po' �R , line of Colgate Drive. THENCE North an ap�rcx mate distance at 160.00 lees to the Place dition, City Of Lubbock, Lubbock right-Of•way County, Tpkas, from R•3 !0 AM feels & oa South Norterlye rtigh?Ot! of Beyinnigg_, Specific use toning District. ILO- �Q ❑r. V .10. J- Zone 'hinge t0 R•2 called East Of University Avenue Point; ME TESANDBOUNDSDE5CRIP- T ION of a tract Ot la-.d in Section andNOrlhpid6thStreet.) THENCE along an ar- t0 she Ids The Planning and Zoning Commis- radius is 76.61 feet, total an• T 22 Brack A. Lubpack {panty, Ter- whose Sion recommended 19 the City y10 is 53cgY length is 78.75 tell, Ica I as, bash shown as Lms'83:y. 9 4 h Council that this request be ap point in the WesT right-of•way fine 100, on me Qreiim,nary Plat of Whisperwtiod, an addition to the Cr i roved subject to the following coin p ol,Topeka Avenue. South seer along dLiThai 4 ty of Lubbock, Lubbock County, it be for non-professional THENCc -way the West righf•of-way hose of Tv- Texas. dated June 13, 1978, being fur .her described as failpw5: offices only. y peka Avenue toa point; S. ZONE CASE NO. 22011 - Request THENCE along an arc to file left ' BEGINNING at a point wnich Of Buddy Barran to change Lots 5 whose radius s 176.38 feet, total bears North 920,00 fees and East fhra li, Block 9; Lots 1 thru & angle 365?oD'. length is 131.31 feet. 2007 9D feet from the Sgvlhwesr Block 5; Lots 1 and 40, Block 8; and to a point in the West right-0f•way carrier, at Section 22, Block A • !and 30. Block 7 and Lot 1 and 20, fine Or Topeka Avenue: P THENCE East an approx mare Black 6, Avalon Addition, City Of .THENCE along an arc to the right distance ofI55.00feet; THENCE North an approximare THENCE Lubbock, Lubbock County, Texas, whose radios i! length i 23. total an- from R-i to R•o Zoning District. q1e ,y 90�00'; length a 23.56 face; to of 1900.00 feet, ILocated South of 62ntl Street and a ppins, THENCE Northwesterly. around a C East S West of York Drive.) THENC>= along an arc f0 the right ' curve the tell, said curve having The Planning and Zoning Commis- whose radius Is 36,21 feet, total any an approximate chard distance p( n pro yion recommended to �h! Cly gle is 45a00' fengul is 28.44 Joel, to a 00 THENCE' North-36s56'101' West an Council that this requFW be ap• point: proved. THENCE South ta_02'sa' Easr. ' approximaledislanceof150oleef;. THENCESouth 53003'W0 West an 6. ZONE CASE NO. 1823•A - Re- 57.*feet t0a pan' of R J. Givens, Jr. to change THENCE East 37.t3 feel to a polar; approximate distance of 205V quest lot 16, Block 5, Rhyne Simpson THENCE slang an arc to the righl let[ Quirt Avenue Addition, C,)yof Lub• whose eadlus,is 15 00 feet total an - THENCE South 36c5610" East'an bock, Lubbock County, Texas, gle ii 90000' tength' is 23.56 feet, Ia a Pock, distance of I15.00 from A•2 Specific Use to C-2A Zen- point. feet; THENCE South an approximate ing District, iLocated North of I THENCE S-1" 95.E keel 10 e East 9th Street and West Of Ql!ul point; i distance Of 1965.00 feet to the Place Avenue.) THENCE South 65-00' West 16.14 of Beginning. The Planning and Zo }ing Commis• TPlanning and Zoning Commis' feet foa polnt; he I Wes! 678.10 IEe! to the the City Sion recommended 10 the City i Sion recommended t0 THENCE Council lhal this request be air• -POINT OF BEGINNING, COntatn- Council that tors request be ap• proved subject to the following can- ' Proved. ing I4,K3 acres. 7. ZONE' CASE NO. 17a3•A - Re' I The Planning and Zoning Commis• ' dition: 1. Thal It be reslricted to quadra. " quest of E. Reuel Nash to change a Sign recommended 10. the Ci1Y J t,.,, of lend out. of Section 1S. Council That this request be ap• III glazes. 1223•B - Re, Block B. City of Lubbock, Lubbock proved subiett f0 the following con• I Z. TONE CASE NO. quest of W. D. "Dub" Rogers. Jr. County, Texas, from AM 10 C•2 dition: Zoning district. ( Located South of 1. That 0 be restricted to duorexes to change a tract of land out o' Sec- 'ion 12, Black E-2, City of Lubb(Xk.I 23rd Street and east of Quaker Av and QuadraplexeS. 9 ZONE CASE NO 5�1•F - AO - Lubbock Cotnty. Texas, from C•21 Lubbock ' to C•3 Zoning cf ,Locoed' that.) is further described by +er.►tanis Y Cantrell). to change Lot b The 9 am ' South of Laop 289 and west of uni- versify Avenue Lubbock. metes and bounds fa point BEGINNING at a point in the Yiifage Adtlfian, CifTexas, from A Property s further described by to SouEasth Avenuand the 10 C1.1b2Akfile ZOningyMtif ct, (Located lili o!Quaker Street Street as East of metes and pounds found BEGINNING at a trued 3 8" rod, i -Northwest and beginning corner of. North Of $01h tract, whence fJ. OJarrett at the soutea5! Cornet of LOT <, Times SgJare Add'ri0n to the City JI Whe caller at Traci 12, The Planning and Zoning Commis' brats Vest a5.4 leaf 01 LubbOCx, Lubbock County, as. I Subdivision and North 332.5 feel: Council that hisdrequest bedernedy ZONE CASE N0. 2195 - RC THENCE North B9c5T East a apg of 74th� THENCE South 291.12 feet !o.011 a 10. sEasff p173.88 gVite-Ring,lln0 to cfhangt Lotall (for s 26 The north �rignt-ol way {line $Ileadl1hTHENCE - _ -_ --1 2 Ie0. ai LOA 3!, it I S E P 2 8 1978 319 78-37-319-890 (20) 78-37-319-891 (21) In accordance of the Notice of City Council Hearing published September 12, 1978, hearing was held on this referenced case. There were no proponents appearing in this matter. Mr. Bertram indicated this was a correction ordinance; the previous Ordinance No. 7697 was erroneously captioned and this was to correct that ordinance. There being no discussion, Mayor West announced the hearing closed. Motion was made by Mayor Pro Tem Henry, seconded by Councilman Aderton to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7736 - Zone Case No. 2196 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. 2196; CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1 ZONING DISTRICT; SUBJECT TO A CONDITION; CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Request of Billy Meeks (for Tara La of land out of Section 22, Block A, Texas, from 'R-1 to "R-2" and "A-1 of Loop 289 and about 145 feet East Planning and Zoning Commission reco this reouest be approved subject to nd Company) to change a tract City of Lubbock Lubbock Count " Zonin District located South of North Utica Avenue . The mended to the City Council that +kn fnllnw4nn e+nn,44+4nn. That it be restricted to quadraplexes. In accordance of the Notice of City Council Hearing published September 12, 1978, hearing was held on this referenced case. Mayor Pro Tem Henry presiding. Proponent: Billy Meeks representing the Tara Land Company Mr. Meeks indicated the purpose of the zone request was for the purpose of building quadraplexes. There being no opponents to appear and no discussion, Mayor Pro Tem Henry announced the hearing closed. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to pass said ordinance on first reading. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. Ordinance No. 7737 - Zone Case No. 2196-A AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2196-A; CHANGE LOTS 1 THROUGH 11, WHISPERWOOD ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1 ZONING DISTRICT; SUBJECT TO A CONDITION; PROVIDING A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Request of Billy Meeks (for Tara Land Company) to change Lots 1 thru 6 and 7 thru 11, Whisperwood Addition, City of Lubbock, Lubbock County, Texas, from "R-1" to "A-1" Zoning District located North of 4th Street and West of Utica Avenue . The Planning and Zoning Commission recommended to the City Council that this request be approved subject to the following condition: 1. That it be restricted to townhouses. In accordance of the Notice of City Council Hearing published September 12, 1978, hearing was held on this referenced case. Mayor Pro Tem Henry presiding. Proponent: Billy Meeks representing the Tara Land Company Mr. Meeks indicated the purpose of the zone request change was for the purpose of building townhouses. Motion was made by Councilman Aderton, seconded by Councilwoman Jordan to pass said ordinance on first reading. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. { 320 sEp 2 8 1978 78-37-320-892 (22) Ordinance No. 7738 - Zone Case No. 1124-C AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO WIT: ZONE CASE NO. 1124-C; CHANGE LOTS 11, 12 AND THE WEST 6 FEET OF LOT 13, BLOCK 1, R. C. WILLIAMS ADDITION CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-3 TO AM SPECIFIC USE PERMIT; PROVIDING FOR A CONDITION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. uest of James Gerdeman (for 3 M & S Enterprises) to ch s 11, 12 and the west 6 feet of Lot 13, Block 1, R. C. liams Addition, City of Lubbock, Lubbock County, Texas, fro 3 to "AM" S ecific Use Zoning District(located East of versity Avenue and North of 46th Street). The Planning and ing Commission recommended to the City Council that this uest be approved subject to the following condition: 1. That it be for non -medical offices only. In accordance of the Notice of City Council Hearing published September 12, 1978, hearing was held on this referenced case. Proponent: James Gerdeman, an attorney, representing his own interest as the owner of this tract of land. Mr. Gerdeman indicated that the tract was under contract for a proposed sale for the purpose of constructing a nonmedical office building. Mr. Bertram, Director of Planning, submitted to the Council, for filing, forms signed by citizens in the area expressing their opposition to the construction of a twostory building; that the previous site plan on file for this particular tract was filed by another party with a different configuration; that the Planning and Zoning Commission would like to see the property improved, but due to the different proposed constructions by Mr. Gerdeman's client, it was necessary to have a zone change. There being no further discussion, Mayor West announced the hearing closed. Motion was made by Councilman McAlister, seconded by Councilman Aderton to pass said ordinance on first reading with the provision that a site plan would be filed and presented to the Council on second reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilmen Aderton and McAlister voting Yea; Councilwoman Jordan voting Nay. 78-37-320-893 Ordinance No. 7739 - Zone Case No. 2201 (23) 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. 2201; CHANGE LOTS 5 THROUGH 15, BLOCK 9; LOTS 1 THROUGH 8, BLOCK 5, LOTS 1 AND 40, BLOCK 8; LOTS 1 AND 30, BLOCK 7, AND LOTS 1 AND 20, BLOCK 6, ALL IN AVALON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2 ZONING DISTRICT; PROVIDING FOR A -PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Request of Buddy Barron to change Lots 5 thru 15, Block 9; Lots 1 thru 8, Block 5; Lots 1 and 40, Block -8; and 1 and 30, Block 7 and Lot 1 and 20,_ Block 6, Avalon Addition, City of Lubbock, Lubbock County, Texas, from "R-1" to "R-2" Zonin District located South of 62nd Street and East and West of York Drive). The Planning and Zoning Commission recommended to the City Council that this request be approved. In accordance of the Notice of City Council Hearing published September 12, 1978, hearing was held on this referenced case. Proponent: Buddy Barron There being no discussion, Mayor West announced the hearing closed. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-320-894 Ordinance No. 7740 - Zone Case No. 1823-A (24) AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1823-A; CHANGE LOT 16, BLOCK 5, RHYNE SIMPSON QUIRT AVENUE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-2 SPECIFIC USE PERMIT TO C-2A ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Re uest of R. J. Givens, Jr. to change Lot 16, Block 5, Rhyne Simpson Quirt Avenue Addition, City of Lubbock, Lubbock County, Texas, from "A-2" Specific Use to "C-2A" Zoning District located North of East 9th Street and West of Quirt Avenue). The Planning and Zoning Commission recommended to the City Council that this request be approved. In accordance of the Notice of City Council Hearing published September 12, 1978, hearing was held on this referenced case. Proponent: R. J. Givens, Jr., a realtor, appearing on behalf of his own personal interest for the purpose of expanding present facilities housing his real estate business. EP 2 8 1978 3ow1 Harry Stokley, member of the Planning and Zoning Commission. Mr. Stokley spoke in favor of this request primarily for the purpose that it would be an opportunity to support redevelopment in East Lubbock. There being no further discussion, Mayor West announced the hearing closed. Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-321-895 Ordinance No. 7741 - Zone Case No. 1743-A (25) AN ORDINNNCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OD THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1743-A; CHANGE A TRACT OF LAND OUT OF SECTION 15, BLOCK 8, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AM TO C-2 ZONING DISTRICT; SUBJECT TO A CONDITION; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE ANQ PROVIDING FOR PUBLICATION. Request of E. Reuel Nash to change a tract of land out of Section 15, Block B, City of Lubbock, Lubbock County, Texas, from "AM" to "C-2" Zoning District located South of 23rd Street and East of Quaker Avenue). The Planning and Zoning Commission recommended to the Citv Council that this request be approved subject to the following condition: 1. That it be tied to a site plan. In accordance of the Notice of City Council Hearing published September 12, 1978, hearing was held on this referenced case. Proponent: Reuel Nash appearing on behalf of his own interest as developer of this referenced tract of land for the purpose of constructing an office building. Mr. Nash indicated that he had received verbal approval of Amco Medical Company located across the street of referenced tract; that the nursing home located on the west side of Quaker across referenced tract had expressed no objection; that the required 31' setback would be landscaped; and presented an elevation of a structure in Dallas after which his building would be patterned. There being no discussion, Mayor West announced the hearing closed. Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-321-896 Ordinance No. 7742 - Zone Case No. 2203 (26) AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2203; CHANGE A TRACT OF LAND OUT OF SECTION 22, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO A-1 ZONING DIS- TRICT; SUBJECT TO A CONDITION; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Request of John E. Orr (for Communities Development Corporation to change a tract of land out of Section 22, Block A, City of Lubbock, Lubbock County, Texas, from "R-1" to 'A-1" Zoning District_(located South of Loop 289 and West of Topeka Avenue). The Planning and Zoning Commission recommended to the City Council that this request be approved subject to the following condition: 1. That it be restricted to duplexes and quadraplexes. In accordance of the Notice of City Council Hearing published September 12, 1978, hearing was held on this referenced case. Proponent: John E. Orr representing Communities Development Corporation. There being no discussion, Mayor West announced the hearing closed. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 3 :2 SEp � 8 1978 78-37-322-897 (27) Ordinance No. 7743 - Zone Case No. 1223-B AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1223-B; CHANGE A TRACT OF LAND OUT OF SECTION 12, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2 TO C-3 ZONING DISTIRCT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Request of_W. D. "Dub" Rogers, Jr. to change a tract of land out of Section 12, Block E-2, City of Lubbock Lubbock County, Texas from C- to C-3 Zoning District(located South of Loop 289 an West of University Avenue). The PlanninS and Zoning Commission recommended to the CitZ Council that this request be approved subject to the following conditions: 1. That it be tied to a site plan. 2'.' That the south side of the building be of compatible material, preferably rock or brick. 3. That a screening fence be erected on the west property line. 4. That the 10 foot strip of land on the south be landscaped with trees or other plant material which will visible interrupt the solidarity of the south wall of the building. In accordance of the Notice of City Council Hearing published September 12, 1978, hearing was held on this referenced case. Proponents: MR. JAN FOUTS, attorney, representing the West Central Investment - Tusha Builders, current landowners of referenced tract of land. MR. DUB ROGERS, representing the Dayton -Hudson Corporation, Target Division, prospective purchaser of referenced tract of land. MR. THOMAS BONNEVILLE, project administrator, Dayton -Hudson Corporation, Target Division. MR. RAYMOND POACHE, Target Division - Amarillo. Mr. Fouts' comments indicated that the requested zone change complied in all respects with the Zoning Ordinance and met all the criteria for "C3" zoning; that the referenced tract of land was located on a regional thoroughfare; that the tract consisted of 13 acres, 10 of which were tied to the referenced site plan as presented to the Council. Mr. Rogers' opening remarks revealed the identity of the national concern interested in the referenced tract of land as indicated above; submitted to the Council the 1977 financial state of the corporation; specifically stressed that the corporation was a retail operation and any reference to it being a discount store was erroneous; that it would provide employment for 200 to 300 people within the community, with a payroll consisting of 1 million dollars annually; presented the configuration of the proposed structure which reflected the height of the building being 22 feet, that the exterior composition would be a Syran-Trazzia manufactured in Georgia; presented to the Council a configuration of the landscaping to be used on the wall to be constructed on the south line of the 10 acre tract; and presented a slide presentation of the type of structure to be built showing parking facilities, ingress and egress capabilities, interior layout of their various stores throughout the north, midwest and southwest area. Opponents: MR. DWIGHT ANDREWS, CPA, representing his firm who own land adjacent to the referenced tract. MR. YANCEY JONES, representing Whitaker and Hall, architects, landowners to property adjacent to referenced tract. MR. JAMES S. YOUNG, owner of Times Square Artist Workshop, located adjacent to referenced tract. MR. JOE HALL, partner, Whitaker and Hall, architects. MR. JOE SCHOENIG, Farm Insurance Group, owner of property adjacent to the referenced tract. Mr. Andrews appeared as spokesman for the landowners listed above in the opponent delegation indicating that 85% of the landowners adjacent to the referenced tract expressed their opposition to building of such a structure and presented to the Council letters expressing their opposition; that such a structure for retail marketing purposes would create a tremendous traffic problem; that such an installation would be incompatible with other buildings already established; expressed great concern of the group as to what would happen to the remaining three acres yet to be developed; that the front of their office building would look out into the rear service or loading dock area of proposed installation and the unsightliness of such would affect the value of their property; that there was no assurance that the proposed landscaping configuration would be implemented as it was not a part of the proposed ordinance and therefore would be unenforceable. At this time Mayor West indicated that the hearing would be recessed until 1:30; said hearing reconvening at 1:35. There ensued extensive discussion, rebuttaled by both parties, queries from the Council S E Q 9 8 197� 323 78-37-323-898 (28) members with responses from both parties. Mr. Fouts raised the question that the ordinance calls for 20% of owners of the total land area constituted a 4/5 vote on the part of the Council and he did not feel that the letters submitted in opposition to same constituted the required 20% of the total land area; to which Mr. Andrews responded that the ordinance called for 20% of owners of land and lots, not land area. With respect to the reference of compatibility, Mr. Fouts responded that from their point of view they could comply with all the criteria as indicated in the ordinance; that the remaininc three acres would be tied to a "C3" site plan and at the time of development the group would again appear before the Council for approval of same. Councilwoman Jordan queried whether or not there could be cuts made into the area off of the University and Loop 289 access road. Mr. Bonneville, with the DaytonHudson Corporation, responded that this was not possible as it would drastically affect the circulation of the traffic in and around the store area and that the cuts had been located on theUniversity and 74th Street sides; that the building was a proto type structure which they had used for all of their stores and that actually the tract of land was a little small for the building which resulted in the 10' setback on the south (74th Street side), thus causing the concern to the opposition regarding the location of the building on that particular tract. Upon query from the Council as to whether or not the configuration could be turned, flip- flop, or placed in another manner on the referenced land, Mr. Bonneville replied that this was not possible to change the floor plan without it increasing costs. Mr. Bonneville did indicate that the Dayton -Hudson landscape architect would be willing to work with the opposing delegation with respect to the wall on the south to be constructed, thus assuring them of an aesthetic appearance which would not be detrimental to their property or clientele. Upon query from the Council as to whether or not another location within the City would be possible, Mr. Poache responded that upon first contacting Mr. Bertram in expressing an interest in locating a retail outlet within the City, they preferred to build out on South Loop 289 in the vicinity of the South Plains Mall. Mr. Bertram responded that they did not wish to approve further commercial building in that vicinity and directed their attention to the referenced tract of land. At this time Mr. Poache did indicate that if this area was not approved, that there was not any other location within the City of Lubbock in which the corporation was interested. After all had been said, time and time again, Mayor West announced the hearing closed. The motion was made by Councilman Aderton, seconded by Councilman McAlister to uphold the Planning and Zoning Commission and pass said ordinance on first reading, with the conditions as listed above, instructing the DaytonHudson landscape architects to meet with the opposing delegation with respect to the landscaping to be used on the south wall and to serve as a screen to the rear service area. Both parties concurred with the conditions. Motion carried; Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7744 - Zone Case No. 1511-F AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE`CASE NO. 1511-F; CHANGE LOT 1, THE VILLAGE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-1 TO C-1 ZONING DISTRICT; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. peal of Burl W. Masters (for Harris & Cantrell) to change Lot 1, e Vi la a Addition, City of Lubbock Lubbock County, Texas from -1 to C-2A' Zoning District located North of 50th Street and st of Chicaqo Avenue). The Planninq and Zoninq Commission recommended to the City Council that this request be denied. In accordance of the Notice of City Council Hearing published September 12, 1978, hearing was held on this referenced case. Proponents: BURL W. MASTERS representing Harris & Cantrell, developers. TOMMY CANTRELL, developer. ARNOLD MAEKER, architect. Mr. Masters' comments indicated the appeal for zone change was for the purpose of constructing a conveniencetype store; that the area consisted of quadraplexes and was densely populated; that of the survey conducted, 97% of the people responded in favor of such a convenience store; that the request for C2A zoning would permit him more flexibility with the proposed structure. Mr. Maeker submitted to the Council the proposed configuration to be constructed on this site which would not only contain a convenience store, but also office space facilities. 3024 SAP 2 S 1978 Mr. Jim Bertram, Director of Planning, indicated that the Commission had denied the request that C2A zoning was contrary to the existing policy which had been in effect since 1975, that the policy was effective and would continue to be effective; that the proponents proposed use of the area do not comply with the existing policy. Following discussion, Mayor West announced the hearing closed. Councilman Aderton moved that the Planning and Zoning Commission's decision be overruled in this particular case. Motion died for a lack of a second. Comments from members of the Council to Mr. Masters and the developers indicated that their purpose as described by them reflected that C1 zoning would be more appropriate for the use they proposed and would comply with the existing policy of the Planning and Zoning Commission and inquired whether or not they would be able to accept a CI zoning. After conferring about the matter, proponents concurred that a C1 zoning would be acceptable. Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to overrule Planning and Zoning Commission and to grant C1 zoning district in this matter and to pass said ordinance on first reading as revised. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-324-899 Ordinance No. 7745 (29) AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING CODE, BY ADDING A SECTION 2.93b DEFINING "QUICK OIL CHANGE FACILITY," BY ADDING A SECTION 2.9c *PUBLISHER'S DEFINING "QUICK TUNE FACILITY" AND B ADDING A SECTION 17.3-8a MAKING QUICK TUNE AND QUICK OIL AFFIDAVIT ON PAGE CHANGE FACILITIES PERMITTED USES IN C-3 ZONING DISTRICTS, PROVIDING A SAVINGS CLAUSE, PROVIDING 324A. FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE AND PROVIDING FOR PUBLICATION. Consider an amendment to Zoning Ordinance #7084, Section 2.93 C, defining quick -tune facilities. 78-37-324-900 Consider an amendment to Zoning Ordinance #7084, Section 2.93 (30) B, concerning_guick-oil change facilities. 78-37-324-901 Consider an amendment to Zoning Ordinance #7084, Section 17.3-8 A, (30-A) adding quick -oil change facilities and quick -tune facilities to %3" Zoning District. In accordance of the Notice of City Council Hearing published September 12, 1978, hearing was held on this referenced matter. .Proponent: Jim Bertram, Director of Planning Mr. Bertram indicated that the referenced amendments were needed to clarify the Zoning Ordinance #7084 with respect to the specific items. There being no discussion, Mayor West announced the hearing closed. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance with proposed amendments on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-324-902 Ordinance No. 7746 (31) AN ORDINANCE AMENDING ORDINANCE NO. 7084 OF THE CITY OF LUBBOCK, BEING THE ZONING CODE, BY AMENDING SECTION 26.3-3 OF SAID CODE PERTAINING TO A THREE -FOURTHS VOTE OF THE CITY COUNCIL ON ZONE CASES OBJECTED TO BY TWENTY PERCENT OF CERTAIN LANDOWNERS, PROVIDING A SAVINGS CLAUSE: PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE: AND PROVIDING FOR PUBLICATION. Consider an amendment to Zoning Ordinance #7084, Section 26.3-3 concerning zone change procedures. In accordance of the Notice of City Council Hearing published September 12, 1978, hearing was held on this referenced matter. Proponent: Jim Bertram, Director of Planning Mr. Bertram indicated the need of this amendment to Zoning Ordinance for the purposes of establishing guidelines in zone change procedures whereby if 20% of landowners of property immediately joining the proposed change and extending 200' therefrom expressed opposition to a specific change, that this would require a 3/4 vote of the Council (4/5). There being no discussion, Mayor West announced the hearing closed. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-324-903 Public Hearing for the purpose of considering a project for which financial (32) assistanse is being sought from the Urban Mass Transportation Administrationpursuant to the Urban Mass Transportation Act of 1964, as amended 324A 78-37-324-899 (29) 78-37-324-900 (30) 78-37-324-901 (30-A) THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Marilyn Pierce a Notary Public in and for Lubbock County, Texas on this day personally appeared J. C. Rickman, Business Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published fs continuously for more Legal Notice -314word (a 21t than fift -t owe 65r4o� to the first insertion of this Per w�r- No. 757450 at Lubbock County. Texas and the attached print- ed copy of the Notice is a true copy of the original and was printed in the Lubbock Avalanche -Journal on the following dates: September 12 v 1978 B iness Manager LUBBOCK LANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 13 t h day of M A - et MARILYN PtEi?%'­�L MY COMMISSION F-WIRES FEB. 1, 1980 September Notary Public in and for Lubbock Coul#tyt Texas 19 78 OF CITY COUNCIL HEARING NOTICE is hereby given to all in- terested persons as provided by law, that the, City Council wilf hold a public heariny On The 28th day o1 SepteIn the CttyeCouncil Chamber� on the Second in Lubbock, Texas, oor of the City Hall to consider the . recommendations of the Planning and Zoning Commission that the coning Ordinance 7084 be amen t0 amend Sections of said Zoning Ordinance as described below- and at which time and place all Infer- ested persons will be given an op- pertunity to beheard, alter which hearing, the City Council will de• 1 fermine whether the Zoning Ordi- nance will be amended in accord- ance with such recommendation: Section 26.3.3 to case the Planning and Zoning Comm ommended against stan PrOpOSed amendment. supplement Change i or moditicaiion, or, of protest against such change. stgned by owners of twenty (2a) percent or more either at the area of the lots or and included in such Proposed change ar of the rats or and m- med'ately ,c.n-ng proposed change and extend'n9 two hundred -2001 feet therefrom, such amendment Sha:l riot be- come effective except by the fa- vorable vote of three•fourihs ( 3. 4) of the City Counc i. Section 7.934QUICK OIL CHANLE FACILITY: A business engag n9 in the changing of oil, oil filtters! and the chess s lubf cation of mO- tar vehicles. All new oil shall be o,l dispensed befrom keptrt+ ms and all n sumps Until removed by pumper truth. Section 2.93c QUICK TUNE FA- CILITY: A business engaging in engine adjustment and minor part replacement for motor veh-• Cles, l,m'ted 10 spark plugs. corn denser, spark plug wires, ditrib- Utor Caps, distributor points. PCV valves, air cleaners, fan belts and rad ator hoses. Such facilily sha 1 not repair or replace carburetors, starters. alternators, generators, radiators, water pumps or other major engine parts. Srction 173-Ha Quick -tune Or o,ilrk-ell 6hanoe Facilities. S EP 2 8 1978 325 In accordance of the Notice of City Council Hearing published August 29, 1978, hearing was held on this matter. Mr. Denzil Percifull, Director of Public Services, appeared before the Council indicating the purpose of the public hearing was to comply with UMTA's grant requirements, thus allowing any citizens the opportunity to appear. As indicated in previous Council action, Section 3 of the proposed Capital Assistance Grant is for the sum of $1,857,857.00, said funds to be used for renovation of the former Ford dealership property located across the street from City Hall, for the purpose of maintenance facilities for the buses, for the purpose of appraisal services, land acquisition for off street parking of buses, engineering and design services, etc.; that Section 5 in the sum of $1,479,000.00 was for the purpose of purchasing 15 new buses, to be usedprimarily for charter service and for transportation on the Texas Tech Campus. There being no discussion and no appearances by any interested parties, Mayor West announced the hearing closed. 78-37-325-904 Ordinance No. 7747 (33) AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUT THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS, PROVIDING FOR CORRECTION OF CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVAINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance annexing the Yellowhouse Canyon Addition to the City of Lubbock Pursuant to minuted action of the Council of September 14, 1978, the proposed ordinance was presented to the Council by Jim Bertram, Director of Planning. Mr. Bertram indicated that he had conferred with members of the Yellowhouse Canyon Annexation group and again clearly indicate that there would not be any immediate improvements in the water and sewage system; that it would be possible to commence solid waste pickup by using a portion of the 800 new containers acquired for subdivisions; that it would be possible to implement some code enforcement; that upon passage of the ordinance on second reading a copy would be sent to the Justice Department for their approval. He also indicated that he would like to discuss with the Council in the future a timetable for the various improvements in the subdivision. Motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Jordan to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-325-905 Consider the price and conditions of sale of Parcel 19B13 in the CoronadoTex. R33 (34) Urban Renewal Area. ---"--'-'-'-- Redeveloper: Murray -Wright Lumber Company - $1,800.00 - for the purpose of redevelopment of a single-family residence. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to approve referenced sale. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton McAlister voting Yea; none voting Nay. 78-37-325-906 Allocation of $156,600 from Fourth Year Community Development (35) Contingency_ Funds for housing rehabilitation in the Stubbs School neighborhood and the Meadowbrook Villa Addition 78-37-325-907 Setting of dates of October 12 and October 26 for public heari (36) to consider an amendment to the Housing Assistance Plan in the 1978-79 Community Development Block Grant application Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to approve the allocation of $156,600.00, referenced above, and setting the dates of October 12 and October 26 for public hearings for the purpose of considering the proposed amendment. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. 78-37-325-908 Resolution accepting avin improvements constructed by Kerr (37) Construction Company in Bicentennial Estates, Lots 125-342 RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirements provisions of City Ordinance 1331, the subdivider of Bicentennial Estates, Lots 125-342, made arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said sub- division under the provisions of said Ordinance prior to the recording of the subdivision plat of Bicentennial Estates, Lots 125-342 including the following streets: 326 SEp 2 8 1978 South one half of 82nd Street from its intersection with a line 7.00 feet West of the West property line of alley West of Avenue "X" to its intersection with the centerline of Vernon Avenue known and designated as New Subdivision Sub -Unit Number 73 of Unit Number 2021. 84th Street from its intersection with the East lip line of Avenue "X" to its intersection with the West lip line of Vernon Avenue known and designated as New Subdivision Sub -Unit Number 74 of Unit Number 2021. 85th Street from its intersection with the East lip line of Avenue "X" to its intersection with the West lip line of Vernon Avenue known and designated as new Subdivision Sub -Unit Number 75 of Unit Number 2021. 86th Street from its intersection with the East lip line of Avenue "X" to its intersection with the West lip -line of Vernon Avenue known and designated as New Subdivision Sub -Unit Number 76 of Unit Number 2021. South one half of 87th Street from its intersection with a line 8.00 feet East of East property line of University Avenue to its intersection with the West lip line of Avenue "X" known and designated as New Sub- division Sub -Unit Number 77 of Unit Number 2021. 87th Street from its intersection with the East lip line of Avennue "X" to its intersection with the West lip line of Vernon Avenue known and designated as new Subdivision Sub -Unit Number 78 of Unit Number 2021. 88th Street from its intersection with a line 8.00 feet East of East property line of University Avenue to its intersection with the West lip line of Vernon Avenue known and designated as New Subdivision Sub - Unit Number 79 of Unit Number 2021. 89th Street from its intersection with a line 8.00 feet East of East property line of University Avenue to its intersection with the West lip line of Vernon Avenue known and designated as New Subdivision Sub - Unit Number 80 of Unit Number 2021. 90th Street from its intersection with the East lip line of University Avenue to its intersection with the centerline of Vernon Avenue known and designated as New Subdivision Sub -Unit Number 81 of Unit Number 2021. Avenue "X" from its intersection with the South lip line of 89th Street to its intersection with the North lip line of 90th Street known and designated as New Subdivision Sub -Unit Number 82 of Unit Number 2021. Avenue "X" from its intersection with the South lip line of 82nd Street to its intersection with the North lip line of 88th Street known and designated as New Subdivision Sub -Unit Number 83 of Unit Number 2021. Avenue "W" from its intersection with the South lip line of 88th Street to its intersection with the North lip line of 89th Street known and designated as New Subdivision Sub -Unit Number 84 of Unit Number 2021. Avenue "W" from its intersection with the South lip line of 90th Street to its intersection with a line 7.00 feet South of South property line of alley South of 90th Street known and designated as New Subdivision Sub -Unit Number 85 of Unit Number 2021. Waco Avenue from its intersection with the South lip line of 82nd Street to its intersection with the North lip line of 84th Street known and designated as New Subdivision Sub -Unit Number 86 of Unit Number 2021. Avenue "W" from its intersection with the South lip line of 82nd Street to its intersection with the North lip line of 84th Street known and designated as New Subd4vision Sub -Unit Number 87 of Unit Number 2021. West one half of Vernon Avenue from its intersection with the South lip line of 82nd Street to its intersection with the North lip line of 90th Street known and designated as New Subdivision Sub -Unit Number 88 of Unit Number 2021. AND WHEREAS, the construction of the above improvements on the abovementioned 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. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. S EP 2 8 1978 327 W MP 78-37-327-909 (38) II. This resolution, -shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 28TH DAY OF SEPTEMBER, 1978 ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED: /s/ Wilford D Watson City Engineer Resolution accepti Construction Compa /s/ Dirk West MAYOR Ulu, 0.11TI"l John C Ross Jr City Attorney vements constructed Arlrlitinn I ntc 911- RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND/OR AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirements provisions of City Ordinance 1331, the subdivider of OAK PAFK ADDITION LOTS 231-248, made arrangements with KERR CONS- TRUCTION COMPANY for the construction of paving improvements on certain streets dedicated in said subdivision plat of OAK PARK ADDITION, LOTS 231-248 including the following streets: South 1/2 of 78th Street from its intersection with a line 7.00 feet East of the East Property line of the alley West of Avenue "U" to its intersection with the centerline of Avenue "U" known and designated as (New subdivision) Sub -Unit Number 23 of Unit Number 2023. 81st Street from its intersection with a line 7.00 feet East of the East Property line of the alley West of Avenue "U" to its intersection with the West lip line of Avenue "U" known and designated as (New subdivision) Sub - Unit Number 24 of Unit Number 2023. North 1/2 of 82nd Street from its intersection with a line 7.00 feet East of the East Property line of the alley West of Avenue "U" to its intersection with the centerline of Avenue "U" known and designated as (New subdivision) Sub -Unit Number 25 of Unit Number 2023. West 1/2 of Avenue "U" from its intersettion with the South lip line of 78th Street to its intersection with a line 28.00 feet North of North Property line of 82nd Street known and designated as (New subdivision) Sub -Unit Number 26 of Unit Number 2023. AND WHEREAS, the construction of the above improvements on the abovementioned 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. I. That the improvements on said portions of the abovementioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost and to release escrow money. II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 28TH DAY OF SEPTEMBER, 1978 /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED: APPROVED: /s/ Wilford D Watson City Engineer John C Ross Jr City Attorney 328 U 78-37-328-910 (39) F f1. 00W am C v� u,rn WD Mr_� x i N I N rl U �4 n co rl ao ..0 H W 'G •,i Cd o W4 Q V 78-37-328-911 (40) 78-37-328-912 (41) Consider Cha amount o RESOLUTION units to BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock change orders to an Agreement between the City of Lubbock and W.D. Turner Construction Company covering G.W.O. 10,956, 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 28th day of September, 1978 /s/ Dirk West MAYOR ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said resolutions and approve referenced Change Order No. 1. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7748 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvements The sum $ 7,897.69 For the following purpose: Paving improvements on Indiana Avenue (East Side) 63rd Street to 64th Street, City`s exta width. Appropriation ordinance from Street Improvement bond funds for paving improvements on Indiana Avenue east side from 63rd Street to 64th Street and South one half of 64th Street adjacent to Tract "A", Live Oak Addition Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution authorizing the Mayor to sin a spacing agreement with Southwestern Public Service Company 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 Well -spacing Agreement between the City and Southwestern Public Services Company, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of September, 1978 ATTEST: /s/ Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr _Dirk West _ MAYOR City Attorney SEP 2 8 1978 F 78-37-329-913 (42) 78-37-329-914 (43) 78-37-329-915 (44 ) 78-37-329-916 (45) Mayor Pro Tem presiding. City Manager Larry Cunningham commented that the purpose of this resolution and agreement was that the City and Southwestern Public Service Company have water rights in the Sandhills Well Field adjacent to one another, and that there is a policy established whereby wells are spaced away from common property lines if the adjacent property owner is agreeable to these agreements. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said resolution. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. Ordinance No. 7749 AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED, "ELECTRICITY," BY AMENDING SECTION 11-1 THEREOF TO PROVIDE FOR FUEL COST ADJUSTMENTS PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance amending Section 11-1 of code providinS for Fuel Cost Adjustment to electric rates By minuted action of September 14, 1978, the City Council approved the recommendation of the Electric Utility Board to reduce the fuel cost adjustment to a 97% passthru instead of the 100%. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. Ordinance No. 7750 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 2-38 THEREOF TO PROVIDE FOR THE DISTRIBUTION OF ELECTRIC REVENUE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ordinance amending Section 2-38 of code providing for distribution of electric revenues By minuted action of September 14, 1978, the City Council approved the recommendation of the Electric Utility Board reducing the transfer of the fuel cost adjustment from 8% to 4% and providing a 1% of the fuel cost adjustment to be placed in a reserve for capital system improvements for the Electric Department. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. Consider setting a date for 2ublic hearinq reqardinq cooperative agreement with Lubbock Rousinq Authority - The purpose of this hearing is to allow interested parties to appear with respect to the proposed construction of 184 units for large family dwelling. Said grant for such constructi to be approved by HUD and requires a 60 day statutory period between the times of public hearing and the execution of the agreement. Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to set the date for public hearing on December 7, 1978. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Consider appointing study committee regarding Lubbock Power and �Ijht. Mayor Pro Tem Henry presiding. The motion was made by Councilman McAlister, seconded by Councilwoman Jordan to create a seven member study committee to study the future of LP&L and to report back to the City Council their recommendations; to address the question of whether the City should stay in the utility business, should consider future expansion of LP&L, should it be a separate budgetary operational entity, etc. Councilwoman Jordan: Ms. Jordan's comments reflected that she felt that it should be established what was expected of the committee before it was created and the members appointed; that previous studies should be reviewed and evaluated; that the study committee should not be too large and favored a five member committee rather than the proposed seven member committee; that the chairman of the Electric Utility Committee should be an ex-officio member; and following discussion by other Council members, suggested that the matter be tabled until the afternoon work session when the Council could discuss it more thoroughly. :3.0 SEp 2 9 1973 Aderton: Mr. Aderton indicated he felt that particular emphasis should be given to the fact that LP&L should be separate from the regular City business and not a part of the City Budget and should be an operating organization entirely on its own. °mom: He indicated that the committee should know exactly what its functions should be before appointing them; that they needed effective directions before they could be an effective committee; and that specific guidelines needed to be established for the committee members; that the present motion does not address these matters and questions the advisability on putting this on the work session agenda after the committee is appointed. Councilman McAlister restated his motion indicating that a seven member study committee 4o report back to the Council those questions to be considered in the afternoon work session involving the future of LP&L. This motion was seconded by Councilman Aderton. Additional discussion ensued and it finally was the consensus of the group to table the matter until the afternoon work session and the details would be discussed in depth. In the discussion held in the afternoon it was suggested by City Manager Larry Cunningham that the committee be given various alternatives to consider, i.e. the purchase of the Southwest Public Service Distribution System, thus enabling the City of Lubbock to be in charge of all distributions within the City. Councilman Aderton again expressed his feeling that LP&L should be a separate entity; that should there be charter revisions necessary that the committee look into these proposed revisions; that the chairman of the Utility Electric Board be an exofficio member, as well as the City Manager. Additional discussion resulted in the consensus that the committee be a nine member committee whereby each Council member submit the names of two citizens, plus the chairman of the Electric Utility Board, with the City Manager serving in an exofficio capacity. At this time Councilman McAlister indicated he would withdraw the previous motions made and Councilwoman Jordan and Councilman Aderton also withdrew their seconds. The motion was made by Councilman McAlister, seconded by Councilwoman Jordan that a nine member study committee be created for the purpose of studying the future of LP&L, and report back to the City Council their recommendations of what future action should be taken and the City's role in the utility business including, but not limited to the following points: a. Future expansion b. Greater separation from the City operation c. Sale or lease of LP&L d. Alternate sources of fuel for LP&L e. Possible acquisition of distribution systems in the City that the committee would consist of nine members, two to be selected by each Council member; that the chairman of the Electric Utility Board, or his designated representative, would be a member of the committee; that the City Manager would serve in an exofficio capacity. Motion carried: Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay; Mayor West abstaining. 78-37-330-917 Resolution authorizing the Mayor to si n a contract for installation (46) of an Ener Mana ement S stem in t e I Ha I and the Air Termina 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 between the City of Lubbock and Honeywell Inc., for an Energy Management System, attached herewith which shall be spread upon the minutes of the of this CResolutiouncil on as ind as frfullypcopied hereinminutes infdetailthis Council shall constitute and be a part Passed by the City Council this 28th day of September, 1978 ATTEST: /s/ Evelyn Gaff a City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney /s/ Dirk West MAYOR L I. SEP 2 8 1978 1: h 78-37-331-918 (47) 78-37-331-919 (48) 78-37-331-920 (49) 78-37-331-921 (50) 78-37-331-922 (51) 78-37-331-923 (52) 78-37-331-924 (53) 78-37-331-925 (54) Motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Change Order No. 1, Airport Parking Contract - guardrail change Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to approve referenced Change Order No. 1. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Final_payment to Hunter Construction Company to remodel old terminal building Motion was made by Councilman Aderton, seconded by Councilwoman Jordan to approve final payment to Hunter Construction Company. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Certification by the Council of the 1978 City tax roils Motion was made by Counilwoman Jordan, seconded by Mayor Pro Tem Henry to approve referenced certification. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Resolution au_thorizin2 the services for construction yor to sign a contract for architectural fire station at 79th and Slide Road 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 Architect Agreement between the City and Roberts -Johnson and Stiles & Stiles, a Joint Venture, 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 28th day of September, 1978 /s/ Dirk West ATTEST: /s/ Evelyn Gaffga . City Secretary -Treasurer APPROVED AS TO FORM: /s/ John C Ross Jr City Attorney Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Request of Mr. Muhyee to waive the $75 filing fee for a Zoning Board of Adjustment case Upon the recommendation of the City Attorney, the motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem Henry to deny the request of Mr. Muhyee and instructed the City Attorney to write a letter of explanation to him regarding the circumstances. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Bid No. 5024_- Miscellaneous Water Items (Warehouse Stock) Item No. 1 Southwest Meter & Supply Company, Marshall, Texas Items 2 & 3 M. B. McKee Company, Lubbock, Texas Items 4,5,6,7,8,9,10,&11: Southwest Meter & Supply Company, Marshall, Texas Bid No. 5030 - Sign Blanks and Brackets Warehouse Stock All 7 Items Vulcan Signs & Stamping, Inc., Foley, Alabama Bid No. 5035 - Drilling & Development Seven 7 Water Wells in Sandhili Well Field Public Works 78-37-331-926- (56) Low Bid Bid No. 5041 - Contour Ma Ls Entitlement Period 8 : Water Industries, Hereford, Texas ineering Department, Revenue Shari 332 S'Ep 2 8 1978 78-37-332-927 (55) Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to approve referenced bids. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. Ordinance No. 7751 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described fund, to -wit: Water Capital Project The sum $ 191,003.00 For the following purpose: Well Field Roads- Contract $ 16,950.00 Well Drilling - Contract 118,242.00 6% Engineering 10,811.00 191,003.00 Appropriation ordinance from Water Capital Project Fund Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister to pass said ordinance on first reading. Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none voting Nay. There being no further business, the meeting adjourned at 5:25 p.m. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING SEPTEMBER 28TH, 1978 ATT ST: City Secretary -Treasurer READ AND APPROVED THIS THE 12th DAY OF October 1978 ATTEST: My Secretary -Treasurer i