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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/14/1991CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING FEBRUARY 14, 1991 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 14th day of February, 1991 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M. Present: Mayor B. C. McMinn, Mayor Pro Tem T. J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilwoman Joan Baker, Councilwoman Maggie Trejo, Councilman M. J. Aderton, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 10:00 A.M. The Invocation was given by Assistant City Manager Robert Massengale. 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. 3.) Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Phillips to approve the Minutes of the January 24, 1991 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 4.) 91-50A-87-70 ( 5.) Board Appointments ORDINANCE #9412--Zone Case #2662 (4201 Avenue J and Estates. ORDINANCE #9412 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2662; A ZONING CHANGE FROM A-1 TO A-2 ZONING, LIMITED TO CHURCH USES, ON LOT I -A AND A PORTION OF LOT 3-A, BLOCK I, BUTLER ESTATES, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Patterson to pass on second and final reading Ordinance #9412 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-87-71 ( 6.) ORDINANCE #9413--Zone Case #2663 (701 University)— ws_. • • PAGE 88 ORDINANCE #9413 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2663; A ZONING CHANGE FROM C-3 TO C-3 SPECIFIC USE PERMIT FOR A VETERINARY CLINIC ON LOTS 11 AND 12, BLOCK 130, OVERTON ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Patterson to pass on second and final reading Ordinance #9413 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-88-72 ( 7.) ORDINANCE #9414--Zone Case #1542-N (4417 S. Loop 289)--Request of First Hartford Realty Corporation Block 1, Furr-Wolf Addition. ORDINANCE #9414 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1542-N; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE PERMIT FOR AN AUTOMOBILE BRAKE SHOP ON A TRACT OUT OF LOT 1-A, BLOCK 1, FURR-WOLF ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Patterson to pass on second and final reading Ordinance #9414 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-88-73 ( 8.) ORDINANCE #9415-- Specific Use (for a golf course) on tract out of the southeast 1/4 of Section 18, Block E-2. ORDINANCE #9415 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2664; A ZONING CHANGE FROM T TO R-1 SPECIFIC USE PERMIT FOR A GOLF COURSE ON A TRACT OUT OF THE SOUTHEAST 1/4 OF SECTION 18, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Patterson to pass on second and final reading Ordinance #9415 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. FEBRUARY 14, 1991 PAGE 89 9.) ORDINANCE #9411--Amending the Code of Ordinances with regard to engineering for paving improvements, subdivisions and water/sewer installation, and unit prices. ORDINANCE #9411 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ENGINEERING FOR PAVING IMPROVEMENTS, SUBDIVISIONS AND WATER AND SEWER INSTALLATION; UNIT PRICES FOR WATER AND SEWER EXTENSIONS; PROVIDING FOR CORRECTION OF TYPOGRAPHICAL AND OTHER ERRORS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Patterson to pass on second and final reading Ordinance #9411 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-89-75 (10.) Consider Resolution #3538 accepting paving improvements constructed by Williams and Peters Construction Company, Inc., on the 1988 Assessment Paving Program Project No. 9062. RESOLUTION #3538 RESOLUTION ACCEPTING IMPROVEMENTS ON THE 1988 ASSESSMENT PAVING PROGRAM AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. WHEREAS, the City of Lubbock heretofore passed various street improvement Ordinances and Resolutions and entered into a Contract with Williams & Peters Construction Company, Inc. (Project No. 9062) for the making and construction of street improvements on a portion of Quirt Avenue and 78th Street in said City including the following: Quirt Avenue from its intersection with the South raw edge of East 50th Street to its intersection with the North raw edge of Slaton Highway known and designated as Sub -Unit Number 79 of Unit Number 2240. 78th Street from 1-27 to the centerline of Avenue F known and designated as Sub -Unit Number 77 of Unit Number 2240. 78th Street from the centerline of Avenue F to the East curb line of Avenue D known and designated as Sub -Unit Number 78 of Unit Number 2240. WHEREAS, the improvements upon the said portion of the above - mentioned streets have been inspected and found to have been constructed in accordance with the terms of said Contract (Project No. 9062); NOW THEREFORE: BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above - mentioned streets and the same are hereby accepted and the City Engineer BE and he is hereby authorized to direct payment of the one percent (1%) retainage in the amount of $11,232.02. FEBRUARY 14, 1991 PAGE 90 SECTION 2. THAT the Mayor and City Secretary BE and they are instruct-ed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portion of Quirt Avenue and 78th Street listed above and against the owners of such property in accordance with law and in the manner provided in said Contract, and the proceedings with reference to said improvements and assessments where such assessments were levied. SECTION 3. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 14th day of February, 1991. ATTEST: IsZ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ J. Worth Fullinqim J. Worth Fullingim, Assistant City Attorney 91-50A-90-76 (11.) /s/ B. C. McMinn B. C. McMINN, MAYOR This is a routine acceptance of improvements constructed by Williams and Peters Construction Company, Inc., on the 1988 Assessment Paving Program. These include Quirt Avenue from East 50th Street to the Slaton Highway and two blocks of residential street paving on 78th Street from 1-27 to Avenue D. The original Contract amount was $1,024,190.15, and Change Order No. I added an amount of $18,127.50 for a total of $1,042,317.65 (cement stabilized caliche over -ran the estimates). The final total cost is $1,068,752.46 with the final payment of $11,232.02 due the contractor upon this acceptance. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Patterson to authorize Resolution #3538 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. i rvwtr L I I I C.) L Ct I IU-uSu rerm I L Agreement with Midwest Electric Cooperative, Inc., for Lake Alan Henry. RESOLUTION #3539 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 Electrical Power Lines Land Use Permit Agreement with Midwest Electric Cooperative, Inc., attached herewith, which shall be spread upon the FEBRUARY 14, 1991 PAGE 91 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 14th day of February, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This Land Use Permit allows Midwest Electric of Roby, Texas, to cross City of Lubbock property in Garza County for electrical power service at Lake Alan Henry. This service is for the on -site construction facilities and for possible future service to the mitigation land and the public access area. There is no charge for this permit since it's for City property and Midwest is the only electrical service in this area. Staff recommended approval. Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo to authorize Resolution #3539 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-91-77 (12.) Consider Resolution #3540 authorizing the Mayor to execute a Telephone Lines Land -Use Permit Agreement with Cap Rock Telephone Company, Inc., for Lake Alan Henry. RESOLUTION #3540 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the and directed to Telephone Lines Company, Inc., of the Council constitute and detail. Mayor of the City of Lubbock BE and is hereby authorized execute for and on behalf of the City of Lubbock a Land Use Permit Agreement with Cap Rock Telephone attached herewith, which shall be spread upon the minutes and as spread upon the minutes of this Council shall be a part of this Resolution as if fully copied herein in FEBRUARY 14, 1991 PAGE 92 Passed by the City Council this 14th day of February, 1991. /s/s B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This Land Use Permit allows Cap Rock Telephone of Spur, Texas, to cross City of Lubbock property in Garza County for telephone service at Lake Alan Henry. This permit will allow construction of communication service to the dam construction area, the Mitigation Land Site, and the public access area. There is no charge for this permit since it will serve City property and Cap Rock is the only telephone company in the Garza and Kent County area. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Councilwoman Baker to authorize Resolution #3540 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-92-78 (13.) Consider setting the date and time for the Emergency Shelter Grant Program Public Hearing on February 28, 1991. The City of Lubbock is submitting an application to the U.S. Department of Housing and Urban Development for the Emergency Shelter Grant Program to assist the homeless in Lubbock. As part of the application process, the City Council conducts one public hearing in order to receive citizen comments on the proposed allocation of the Emergency Shelter Grant funds. Staff recommended setting the time and date of the public hearing for February 28, 1991 at 3:30 p.m. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Baker to set the time and date of the Emergency Shelter Grant Program Public Hearing for February 28, 1991 at 3:30 p.m. as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. FEBRUARY 14, 1991 PAGE 93 91-50A-93-79 (14.) RESOLUTION #3541 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for Consulting Services to be entered into by and between the City of Lubbock (as Owner) and Edward J. Nichols & Associates, Inc. (as Consultant), concerning a value engineering analysis in connection with design of proposed improvements, wastewater treatment, and disposal facilities of the City of Lubbock, 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 14th day of February, 1991. /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, Senior Water Utilities Engineer APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney The City Council, at their January 24, 1991 Work Session, authorized Staff to negotiate an Agreement with the firm of Edward J. Nichols and Associates, Inc. for value engineering analysis of the design phase of the Wastewater Treatment facilities upgrade. According to Staff memo, the maximum billed for these personnel services will not exceed (without further written authorization): Study #1 - $41,164 Study #2 - $31,374 Study #3 - $33,275 Study #4 - $23,187 This Contract is not based on the usual start and completion dates, but will vary according to various elements completed in this engineering work for Wastewater Treatment facilities. The time for review will be as each segment of the project engineering is completed. FEBRUARY 14, 1991 PAGE 94 91-50A-94-80 (15.) 91-50A-94-81 (16.) Staff recommended approval. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to authorize Resolution #3541 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Consider an Ordinance amending Chapter 10 of the Code of Ordinances with regard to Emergency Management Operations. This item was deleted. Consider Resolution #3542 amending a Resolution adopted with respect to the redemption of certain bonds issued by the City of Lubbock. `RESOLUTION #3542 1 / ' / ::1 0411911=12*910 I a/ i' M' 1 ' ' 1 1 IN Fly 19 0 *Q 01111.11IN 1 i' 1: 1 ::1 WHEREAS, the City Council has heretofore caused money to be deposited in a special escrow account adequate to pay the principal of and interest on certain general obligation bonds to their respective maturities (being Series 1981, bonds maturing February 1 in each of the years 2000 and 2001 and Series 1984 maturing on February 15, in theyears 2002 through 2004) and a resolution heretofore adopted on the 21st day of November, 1985, by the Counci indicated such bonds were to be called for redmeption and such resolution should be corrected so as to conform to other records of the City; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: That Sections 1 and 3 of the resolution heretofore adopted November 21, 1985 are hereby amended to read as follows: SECTION 1: That the bonds of that series known as "City of Lubbock, Texas, General Obligation Bonds, Series 1981: dated May 1, 1981, each in the denomination of $5,000, maturing on February 1 in each of the years 1992 through 1999, being bond numbers 1671 through 3014, and aggregating in principal amount $6,720,000, shall be redeemed on February 1, 1991, at the price of par, together with accrued interest to the date of redemption. The City Secretary of the city is hereby authorized and directed to cause this resolution to be filed with Citibank, N.A., New York, New York and Texas Commerce Bank, National Association, Lubbock, Texas, the "paying agents"; such notice of redemption to read substantially as Exhibit A attached hereto and incorporated herein by reference as a part of this resolution for all purposes. SECTION 3: That the bonds of that series known as "City of Lubbock, Texas, General Obligation Bonds, Series 1984" dated April 15, 1984, maturing on February 15 in each of the years 1995 through 2001 and aggregating in principal amount $4,900,000 shall be redeemed on February 15, 1994, at the price of par, together with accrued interest to the date of redemption. The City Secretary of the City is hereby authorized and directed to cause this resolution to be filed with Texas Commerce Bank, National Association, Lubbock, Texas, the "paying agent" and make irrevocable arrangements for a notice of redemption to be sent by United States Mail, first class, postage prepaid, at least 30 days February 14, 1991 Page 95 prior to the redemption date to each registered owner of the bonds to be redeemed appearing on the registration books for said bonds; such notice of redemption for ead substantially as Exhibit C attached hereto and incorporated herein by reference as a part of this resolution for all purposes. SECTION 2: Exhibits A and C to the aforesaid resolution are amended to read as Exhibits A and C to this Resolution. SECTION 3: The actions of the Assistant City Manager - Finance and the City Secretary in causing such notices to be exeucted and issued on behalf of the City of Lubbock is hereby approved, accepted, ratified and confirmed, and any action as has not been taken should be taken forthwith. SECTION 4: Other than the amendments as set forth in Sections 1 and 2 above, the Resolution as adopted on November 21, 1985, is hereby ratified and confirmed. SECTION 5: It is officially found, determined and declared that the meeting at which this Resolution is adopted was open to the public and notice of the time, place and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Article 6252-17, Vernon's Texas Civil Statutes, as amended. PASSED AND APPROVED this the 14th day of February, 1991. ATTEST: /s/ B. C. McMinn B. C. McMinn, Mayor /s/ Ranette Boyd Ranette Boyd, City Secretary CERTIFICATE WITH RESPECT TO CORRECTED NOTICE OF REDEMPTION THE STATE OF TEXAS ::� I, SHERRY D. BURGER, AS AVP AND TRUST OFFICER of the TEXAS COMMERCE BANK NATIONAL ASSOCIATION, Lubbock, Texas, DO HEREBY CERTIFY that: (i) on the 21st day of February, 1991, said Bank received a letter from the City of Lubbock, Texas, and an executed copy of CORRECTED NOTICE OF BOND REDEMPTION with respect to certain bonds of the City of Lubbock known as "City of Lubbock, Texas, General Obligation Bonds, Series 1984" dated April 15, 1984, a copy of said notice being attached hereto, the same having been received at least thirty (30) days prior to the date fixed for redemption of the Bonds therein described, to wit: the FIFTEENTH DAY OF FEBRUARY, 1994. (ii) as Registrar of said Series 1984 Bonds, I have caused appropriate notations to be made so that all registered holders of the Bonds so called for redemption as shown on the Registration Books maintained by this Bank, as Registrar, or otherwise on file as a holder who is to receive otice (as permitted by Section 4(d) of the Ordinance authorizing the issuance of such Series 1984 Bonds) will, February 14, 1991 Page 96 within 30 days hereof, be mailed a copy of such corrected notice of redemption or otherwise advised that such Bonds have been called for redemption on the,Redemption Date prescribed in such Corrected Notice; (iii) that as such Registrar I have caused appropriate notation to be made that in the event a Holder of any Bond so called for redemption hereafter submits such Bond or Bonds for registration or requests that notices be given him (as permitted by Section 4(d) of Ordinance authorizing the issuance of such Series 1984 Bonds) such Holder, at the time such registration is effected is to be notified of such notice of redemption and redemption date; and (iv) if this Bank ceases to act as Registrar with respect to said series of Bonds, the subsequent Registrar will be supplied copies of the records of this Bank or such other data as may be required to evidence such notice of redemption. ATTEST: IsZ George L. Roberts George L. Roberts VP and Trust Officer TEXAS COMMERCE BANK NATIONAL ASSOCIATION Lubbock, Texas /s/ Sherry D. Burger Sherry D. Burger AVP and Trust Officer CORRECTED NOTICE OF REDEMPTION CITIBANK, N.A., New York, New York and TEXAS COMMERCE NATIONAL ASSOCIATION, Lubbock, Texas, and ALL OTHER INTERESTED PARTIES: NOTICE IS HEREBY GIVEN that the City of Lubbock, Texas (the "City"), has called for redemption certain outstanding bonds of that series of bonds of the City described as follows: "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1981" dated May 1, 1981, each in demoniation of $5,000 maturing on February 1 in each of the years 1992 through 1999, being bond numbers 1671 through 3014 inclusive and in the principal amount of $6,720,000. THE FIRST DAY OF FEBRUARY, 1991, is the date fixed for redemption of said bonds, as prescribed in the aforesaid resolution, and you are hereby notified that such bonds should be presented for redemption at CITIBANK, N.A., New York, New York, or TEXAS COMMERCE BANK NATIONAL ASSOCIATION, Lubbock, Texas, on or immediately before that date, that interest on all such bonds shall cease to accrue from and after such redemption date, and that on said date such interest will become due and payable on each of such bonds together with the redemption price of par thereof and accrued interest, if any, thereon. THIS NOTICE is issued and given pursuant to the option of redemption reserved to the City in the proceedings authorizing the issuance of such bonds and in accordance with recitals and provisions of each of said bonds. "M WITNESS MY OFFICIAL SIGNATURE, THIS THE 28TH DAY OF JANUARY, /s/ Ranette Boyd Ranette Boyd, City Secretary FEBRUARY 14, 1991 PAGE 97 On November 21, 1985, the City Council refunded all outstanding General Obligation Bond Issues (with the exception of one issue) for the purpose of reducing the interest rate, the cost and the annual debt service for the City. The issue involved the refinancing of 17 different bond issues from 1966 through 1984, and the total amount of the refunding was $65,610,000. Recently, it came to Staff's attention that an error was made in the call date on the 1981 Issue. To correct that error, the Bond Attorneys Fulbright and Jaworski, prepared a Notice to bondholders and paying agents (to prevent an erroneous call situation), and the City Secretary, upon advice from the Assistant City Manager for Financial Services, immediately sent this Notice to the appropriate paying agents. The Resolution is to ratify and confirm action taken by the City Secretary. According to Staff memo, the City's Bond Attorneys have assured that the problem has been corrected and that this Resolution will authorize the action that was taken to correct the problem. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Patterson to authorize Resolution #3542 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-97-82 (17.) Consider Resolution #3543 authorizing the Lubbock Central Appraisal District to purchase real property. RESOLUTION #3543 WHEREAS, Section 6.051 of the Texas Property Tax Code provides for the purchase of real property by a central appraisal district, subject to the approval of 3/4th's of the governing bodies of those taxing units entitled to vote on the appointment of board members, and WHEREAS, this governing body agrees that the negotiating position of the Lubbock Central Appraisal District when attempting to acquire real property is significantly impaired if exact prospective locations are divulged; and WHEREAS, in the interest of governmental efficiency, the City Council of the City of Lubbock desires to authorize the Lubbock Central Appraisal District to purchase real property located within 700 linear feet of the existing Lubbock Central Appraisal District property; NOW THEREFORE: THAT the Lubbock Central Appraisal District is hereby authorized to purchase real property located within 700 linear feet of the existing Lubbock Central Appraisal District property for an amount such that the City of Lubbock's allocated portion of the cost will not exceed $100,000 and the disbursement of the City's portion would be made over a period of not less than two (2) years. FEBRUARY 14, 1991 PAGE 98 Passed by the City Council this 14th day of February, 1991. Zsl B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Robert Massengale Robert Massengale, Assistant City Manager/Financial Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney In 1987 State legislation was passed that required the Central Appraisal District to obtain permission from three -fourths of the entities it represents before purchasing real property. According to Staff comments, this new law placed considerable burden on the Appraisal District by requiring approval of 19 entities prior to being able to purchase property. In an effort to improve that situation, the Appraisal District is requesting that the City Council give prior approval to the purchase of property so that the Appraisal District will know ahead of time if they can negotiate an arrangement for the purchase of property. The Appraisal District is in the process of looking at its short-term and long-range facility needs and would like the flexibility to negotiate for property in the future near their present location. Staff placed a "not to exceed" figure of $100,000 for the City's portion of this purchase and also added a restriction that the City's portion would not be paid in a period of less than two years. Staff have been advised by Dave Kimbrough, the Chief Appraiser for the Appraisal District, that the proposal is to purchase the property within the existing budget through the retention of fund balance rebates. Staff recommended approval. Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo to authorize Resolution #3543 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-98-83 (18.) Consider approving the write-off of various accounts receivable and insufficient checks. FEBRUARY 14, 1991 PAGE 99 Each year, the Accounting Department accumulates accounts receivable and insufficient checks termed to be uncollectible and requests Council approval to write these accounts off the books. Collection efforts continue even after the accounts are written off the books. The major portion of the write-off is for Electric, Water, Sewer and Sanitation billings. The write-off G. percentage for the calendar year 1990 from all utility accounts was 1.05%, which compares to 1.22% in 1989 and 1.25% in 1988. The total amount of write-off for the utility bills is $892,236.85, and the total gross sales relating to that figure is $84,865,128. Staff recommended approval of the write-offs through minuted action. Motion was made by Councilman Phillips, seconded by Councilman Aderton to approve write-off of uncollectible accounts receivable and insufficient checks as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-99-84 (19.) Consider Resolution #3544 authorizing the Mayor to sign an Access Agreement and Release with Texas Water Commission, Petroleum Storage Tank Division, for State -led responsible party investment and remediation (5th and J Fuel Facility). RESOLUTION #3544 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 Remediation Access Agreement and Release by and between the City of Lubbock and the Texas Water Commission, 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 14th day of February, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney FEBRUARY 14, 1991 PAGE 100 The Petroleum Storage Tank Division of the Texas Water Commission has requested that the City execute an Access Agreement and Release for State -Led Corrective Action at the City of Lubbock LPST sites listed below due to leaking underground storage tanks owned by the City and Borden Company in the immediate area of 5th Street and Avenue J. Central Fire Station Fuel Facility (LPST ID# 93153) 5th St. & Avenue J Fuel Facility (LPST ID# 93157) Lubbock Power & Light Plant #1 (LPST ID# 93557) Because the City has three sites identified in the area, it will be responsible for the first $30,000 and any cost in excess of $3,000,000. The City has already exceeded the $30,000 cost and is seeking reimbursement from the Petroleum Storage Tank Remediation Fund. Staff recommended approval of the Resolution. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to authorize Resolution #3544 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-100-85 (20.) Consider Resolution #3545 amending the City of Lubbock Board and Commission Attendance Policy. RESOLUTION #3545 WHEREAS, the City Council of the City of Lubbock believes it to be in the best interest of the citizens of the City of Lubbock to further define the City of Lubbock's policy with regard to attendance of City board and commission members; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock is hereby authorized and directed pursuant to Resolution No. 1610 (1984) to place the policy attached hereto and incorporated herein for all intents and purposes into Volume 1 and Volume 2 of the City of Lubbock's Policies and Procedures Manual. Passed by the City Council this 14th day of February, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney FEBRUARY 14, 1991 PAGE 101 This Resolution authorizes a change in the policy for replacing board and commission members who experience attendance problems. Suggested changes to the current policy primarily reflect Council discussion at the January 24, 1991 Work Session. The proposed policy states that: 1. An appointee who has three consecutive unexcused absences or who for any reason is absent from 50% of the regular board/commission meetings during a calendar year, automatically forfeits his/her appointment as of the date that the 50th percentile meeting is missed. (The current policy allows for consideration of replacement in certain instances of unexcused absences.) 2. Absences due to military assignment shall be considered by Council on a case -by -case basis. (The current policy does not address absences due to military assignment.) 3. Board and Commission records shall be maintained in accordance with the Local Government Records Act. (The policy currently mandates microfilming minutes and agendas of all board and commission meetings at the end of the calendar year.) The suggested effective date is March 1, 1991, with absences to be calculated on the basis of 50% of remaining regular meetings during 1991 and thereafter, on absences over the period of a calendar year. Because this policy has both external and internal applications, the Resolution provides for inclusion of the policy in Volumes 1 and 2 of the Policies and Procedures Manual. Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo to authorize Resolution #3545 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-101-86 (21.) Hold an Executive Session to discuss land acc uisition (Streets). 91-50A-101-87 (22.) BID #11129--Electrical items (Central Warehouse Techline, Inc., Amarillo--50 ea. 50 MCM Compression End Terminal; 40 ea. bushing extension; 200 ea. 1/0 elbow 8.3 KV, 200amp connector; 250 ea. service wedge clamp; 30 ea. 8' double dead end assemblies. Cummins Supply, Amarillo--10 ea. multi crimp tool; 24 ea. 6' #146 diameter steel tape; 30 ea. fuses, 100 amp 250V; 100 ea. 3 wire ground caps; 100 ea. 3 wire grounding connector with cord grip; 25 ea. faulted circuit indicator; 200 ea. silver duct tape, FEBRUARY 14, 1991 PAGE 102 2"x60 yds; 100 ea. jacketing tape 111/2"X30 yds; 20 ea. wall lighter luminaire, HOW, 240V; 175 ea. small "J" Box 12"X16"X21"; 18 ea. lamp quartz, 300W; 168 ea. Quartz Proj. Lamp, 45W, 6.6 amp. Nelson Electric Supply--50 ea. 3/8" strandvise; 400 ea. 8' wood cross arm. Temple, Inc.--50 ea. tension sleeve #1/0-61AS; 30 ea. 60" armor rods, #4 ACSR; 300 ea. Triplex neutral splicing sleeve #4; 300 ea. double arm tie wire; 25 ea. copper sleeve, 1/0; 100 ea. Airport connection kit; 200 ea. spool insulator; 50 ea. 5/16"X4'-1/2" porcelain wireholder; 100 ea. 54" glass strain insulator, 30,000 lb. strength; 40 ea. 24" conduit support; 300 ea. transformer ground connector. Westinghouse Electric Supply--24 ea. 10" light blade cabinet tip screwdriver; 36 ea. 8" screwdriver miller cabinet; 50 ea. service entrance sleeves; 50 ea. copper connector #2. Graybar Electric Supply, Amarillo--100 ea. screw sealing ring; 400 ea. solid copper sleeve #2; 2,0001 Type S-J, extension cord wire. Southwestern Electric Supply--12 ea. curved non - folding knife; 50 ea. in -line fuse holder; 300 ea. 5/8"X8' ground rod; 20 ea. mounting bracket. Armstrong Electric Supply--48 ea. 48" Vitalite. Motion was made by Councilman Aderton, seconded by Councilman Maloy to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A-102-88 (23.) BID #11122--Vehicle sirens and light bars (Central Garage). Law Enforcement Equip. Co., Kansas City, KS--1 ea. Utility light bar; 22 ea. emergency light bar. G&G Police Supply, Garland--22 ea. vehicle siren/PA System. Motion was made by Councilman Aderton, seconded by Councilman Maloy to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A-102-89 (24.) BID #11114--Janitorial supplies --annual prier (Central Warehouse). Marquis Supply--725 ea. scouring sponges; 5 cs. sure wipe towels. Dixon Paper Co.--300 cs. center fold paper towels; 225 cs. toilet tissue; 800 bx. disposable shop towels; 180 cs. 6 oz. styrofoam cups; 340 cs. selfold towel; 355 cs. 2-ply jumbo toilet paper rolls. Pollack Paper Co.--8 cs. single fold paper towels; 120 cs. turn towel; 2 cs. Maxi -Pads, indiv. wrapped; 30 cs. 4 oz. Dixie paper cups; 6 cs. Maxi -Pads for vend. mach.; 3 cs. Tampons; 370 cs. towel paper rolls. FEBRUARY 14, 1991 PAGE 103 Motion was made by Councilman Aderton, seconded by Councilman Maloy to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A-103-90 (25.) BID #10942--Municipal Building HVAC equipment (Building Services). Term Mech Sales--1 ea. 240 ton Chiller for Municipal Building. Motion was made by Councilman Aderton, seconded by Councilman Maloy to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A-103-91 (26.) BID #11135--Chemical applications --annual pricing Land Application Site). Gregg Aerial Service, Inc., Ropesville--Tie bid awarded by drawing, for 5-gallon per acre rate - aerial application. Kitten Fertilizer, Slaton--Ground application. Motion was made by Councilman Aderton, seconded by Councilman Maloy to authorize low bids meeting specifications, and in a drawing by Mayor McMinn, awarding the tie bid item (#3) for aerial application to Gregg Aerial Service, Inc. Motion carried: 7 Yeas; 0 Nays. 91-50A-103-92 (27.) BID #11103--1991 Street Maintenance Program (Streets Department). RESOLUTION #3546 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and High Plains Pavers for 1991 Street Maintenance Program at various locations throughout the City of Lubbock, 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. FEBRUARY 14, 1991 PAGE 104 Passed by the City Council this 14th day of February, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads by Victor Kilman Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney High Plains Pavers Motion was made by Councilman Aderton, seconded by Councilman Maloy to authorize Resolution #3546 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-104-93 (28.) BID #11091--Electrical conduit (Central Warehouse). Techline, Inc., Amarillo--100 ea. 2" insulated conduit bushing; 50 ea. 1" entrance fittings; 200 ea. service wedge clamp #1/0 to #4 ACSR; 100 ea. PVC guy guard. Temple, Inc.--175 ea. 4" rigid conduit w/coupling (10' lgths); 12 ea. 3 Phase Eq. Mount; 200 ea. 1/2" guy grip; 300 ea. 3/8" guy grip; 200 ea. 4" Schedule 40 PVC, 90-deg. 16" radius; 50 ea. 4" PVC 90 deg. 24" radius Sched. 40 elbow; 150 ea. 2" 90-deg. ELL 12" radius Schedule 40 PVC; 200 ea. 2" PVC coupling Schedule 40; 12 ea. 3" 90 deg. ELL 12" radius Sched. 40 PVC; 30 ea. 3" PVC coupling, Sched. 40 long. Graybar Electric Supply, Amarillo--300 ea. 4" PVC conduit coupling; 200' 3/4" flex. conduit; 50 ea. 4" 90 deg. PVC ELL; 150 ea. 1" 2 hole pipe strap; 10,000' 2" PVC Sched. 40 conduit. Westinghouse Electric Supply--25 ea. 3/4" entrance cap. Southwestern Electric Supply--30 ea. electrical shielding tape, 1"X15' Roll #24; 400 ea. 1' 1/4" conduit lacknut. Cummins Supply, Amarillo--12 ea. 4" conduit riser cable ring; 300 ea. alum. dead end strain clamp #1/0 to 477 ACSR. Fields & Company--150 ea. 1/2" EMT connector; 50 ea. 3/4" EMT connector. FEBRUARY 14, 1991 PAGE 105 Motion was made by Councilman Aderton, seconded by Councilman Maloy to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A-105-94 (29.) BID #11109--Radios (Communication Services). Motorola Communications --LOT PRICE ITEM #'s 1-7: 7 ea. VHF Pager 582010001; 1 ea. UHF Pager 582010002; 8 ea. VHF Port. Radio 582020001; 21 ea. VHF Mobile Radio 582020002; 42 ea. UHF Port. Radio 8 Channel 582020006; 3 ea. UHF Mobile Radio w/priority scan; ea. VHF Repeater Station 582020016. Motion was made by Councilman Aderton, seconded by Councilman Maloy to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A-105-95 (30.) BID #11108--Radar units (Communication Services). M.P.H. Industries, Inc., Chanute, KS--6 ea. Moving (veh. mounted) Traffic Radar Unit 584010001; 3 ea. handheld (port.) Traffic Radar Unit 584010002. Motion was made by Councilman Aderton, seconded by Councilman Maloy to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 17 i 91-50A-105-96 (31.) BID #10987--Municipal Square renovations, and L authorize same (Building Services). RESOLUTION #3547 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Knox, Gailey & Meador, Inc. for renovations at Municipal Square, 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. FEBRUARY 14, 1991 PAGE 106 Passed by the City Council this 14th day of February, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads by Victor Kilman Gene Eads, Purchasing Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Knox, Gailey & Meador, Inc. Motion was made by Councilman Aderton, seconded by Councilman Maloy to authorize Resolution #3546 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50A-106-97 (32.) BID #11090--Electrical wire and cable (Central Warehouse). Westinghouse Electric Supply--1,500' extension wire #16-3, SJ; 7,000' Quad Service Drop Cable #4/0; 3,000' Wire #1/0 600v, 19 strand. Fields & Co.--2,000' copper wire 7 strand #4, 600v; 3,000' wire #4/0, 600v. Temple, Inc.--3,0001 Triplex Service Drop Cable 1/0. Graybar Electric, Amarillo--1,500' Copper Wire #12, THHN; 2,000' copper wire #6, THHN; 600 lb. copper wire bare 19 strand 4/0; 6,000' Quad Service Drop Cable 1/0; 9,000 lb. ACSR bare wire #4/0; 60 ea. cable rock; 1,000' wire #6 THHN. Motion was made by Councilman Aderton, seconded by Councilman Maloy to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50A-106-98 (33.) BID #11079--Fiberglass Wastewater Sampler (Water Reclamation). ISCO, Lincoln, NE--6 ea. Fiberglass Wastewater Sampler. Motion was made by Councilman Aderton, seconded by Councilman Maloy to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. FEBRUARY 14, 1991 PAGE 107 91-50A-107-99 (34.) 91-50A-107-100 (35.) 91-50A-107-101 (36.) 91-50A-107-102 (37.) 91-50A-107-103 (38.) Lubbock Housing Finance Corporation Board of Directors. Parks and Recreation Board Zoning Board of Adjustment Board of Health Firemen's and Policemen's Civil Service Commission Consider two appointments to the Lubbock Housing Finance Corporation Board of Directors. The term of David Langston expired on December 23, 1990. The term of Richard Lopez, who resigned from the board, will expire on December 31, 1995. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Patterson to reappoint David Langston and to appoint Tony Reyes to fill the unexpired term of Richard Lopez on the Lubbock Housing Finance Corporation Board of Directors. Motion carried: 7 Yeas; 0 Nays. 1992. Motion was made by Councilman Phillips, seconded by Councilman Maloy to reappoint John Farquhar and to appoint Susie Moore to fill the unexpired term of Kevin Rooker on the Parks and Recreation Board. Motion carried: 7 Yeas; 0 Nays. Consider three appointments to the Zoning Board of Adjustment. The terms of Dr. Jim Mertes, Carolyn Allison, and Kim H. Allen will expire on February 26, 1991. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Patterson to reappoint Jim Mertes and Kim Allen and to move Bertell Jackson from Alternate to Regular Member of the Zoning Board of Adjustment to replace Carolyn Allison and to hold appointment of Alternate until the next Council Meeting. Motion carried: 7 Yeas; 0 Nays. Consider one appointment to the Board of Health. The term of Jack Rudd, DDS will expire on February 21, 1991. FEBRUARY 14, 1991 PAGE 108 91-50A-108-104 (39.) There being by Mayor Pro the meeting ATTEST: Motion was made by Councilwoman Baker Board of Health. Councilman Phillips, seconded by to reappoint Dr. Jack Rudd to the Motion carried: 7 Yeas; 0 Nays. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Patterson to reappoint Robert Hurmence to the Firemen's and Policemen's Civil Service Commission. Motion carried: 7 Yeas; 0 Nays. no further business to come before Council, motion was made Tem Patterson, seconded by Councilman Phillips to adjourn at 11:07 a.m. Motion carried: 7 Yeas; 0 Nays. Rane to Boyd, City--S-ecretarr Read and approved this 14th day of ATTEST: et e Boyd, City SecreWf B. C. McMinn, Mayor February, 1991 B. C. McMi6n, Mayor .0o o m c ¢ 3 O�= D CPl o _ C,o �' n Ch ro s n nay CD ID ID ID CD r.- 01 CD 0 5 CL c o � �x •o, w co a� O � �D O. ( a' cC M fyD O 2) M O „M to lD �• � `� O � 0. (D cr �- y � �v -.----L_. V X 0