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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/12/1991CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING DECEMBER 12, 1991 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 12th day of December, 1991 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M. Present: Mayor- B. C. McMinn, Mayor Pro Tem T. J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilwoman Joan Baker, Councilwoman Maggie Trejo, Councilman M. J. Aderton, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 10:00 A.M. 1.} The Invocation was given by 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 December 12, 1991 Regular City Council meeting as written. Motion carried: 1 Yeas; 0 Nays. ( 4.) Board Appointments 91-50B-859-120 ( 5.) Presentation of the Urban Homestead Status Report. The Urban Homesteading Program is a cooperative venture between the City of Lubbock and the Lubbock Housing Finance Corporation which acts as the Lubbock Urban Homesteading Agency. This program prepares qualified individuals for responsible homeownership. Sandy Ogletree, Community Development Coordinator, introduced representatives of the families who during the past year, were placed in homes selected from the FHA foreclosure listing or donated by R.T.C. These homes were purchased with a federal grant from HUD amounting to $297,268 and are located in the Overton, Brown, Bean, McCrummens, Cherry Point, and Arnett Benson neighborhoods. According to Staff memo, all families selected to participate in the Homestead Drawing received a house and used the Section 312 Program for rehabilitation funding at an average expenditure of $19,500. They have complied with all HUD requirements for the program and will attend a Homeowners Nurturing Course to begin in January which will include seven classes provided by community professionals on taxes, legal responsibilities, crime prevention, insurance needs, money management, mortgage foreclosure, and housing codes and violations. December 12, 1991 Page 860 91-50B-860-721 ( 7.) Following was a video presentation spotlighting the program. The family representatives presented Christmas cards to the City Council, Gene Whitney of HUD, and George Jackson of the Lubbock Housing Finance Corporation Board. In the Fall of 1991, Congress terminated the Urban Homesteading Program, and Community Development is currently investigating the feasibility of using funding provided by the New HOPE III Program to continue activities implemented by the Urban Homesteading Program. RESOLUTION #3767 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SEiCTIONI 1. THAT the City of Lubbock, Texas, is making application to the Federal Emergency Management Agency to participate in the Community Rating System as an elective phase of the National Flood Insurance Program, the Mayor of the City of Lubbock is authorized to submit materials and worksheets, and approve same on behalf of the City of Lubbock for submission to Don Ellison, Representative for District 1 of the Federal Emergency Management Agency, Region VI, in connection with flood insurance premium rates, and such other information as called for to supplement such submission. SECTION 2. THAT the purpose of the aforesaid application is to obtain (if possible) reduced flood insurance premium rates for citizens of the City of Lubbock. SECTION 3. THAT the Assistant City Manager of the City of Lubbock for Development Services, James E. Bertram, is hereby designated as Community Rating System Coordinator for the City of Lubbock. Passed by the City Council this 12th day of December, 1991. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Jame;-E.---Bertram James E. Bertram, Assistant City Manager .For Development Services APPROVED AS TO FORM: s . Worth Fullingim J. Worth Fullingim, Assistant City Attorney A copy of the Grant Application to the Federal Emergency Management Agency for the Community Rating System is filed with Resolution No. 3757. December 12, 1991 Page 861 According to Staff memo, the Community Rating System provides a mechanism for communities to demonstrate the effectiveness of their flood management programs. Points are accumulated for activities relating to management of flood plains and prevention of flood losses which exceed the minimum Flood Insurance Program requirements. After acceptance of the community into the CRS Program, citizens' flood insurance rates are reduced by a percentage depending on the number of points approved by Federal Emergency Management Agency (FEMA). The application is based on point accumulation to determine if the community qualifies for the insurance rate reduction, and a total of 500 points qualifies for a 5% reduction in rates. Lubbock's application totals 1,331 points but is subject to change after a verification visit by a FEMA official. Staff memo advised that although credit may not be allowed on all listed items, there should be sufficient points to qualify for the 5% reduction. If the application is approved by FEMA, reduction in flood insurance rates should begin in October, 1992. Staff recommended approval of this application submittal. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to authorize Resolution #3767 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50B-851-722 [ 8.) Consider Resolution #3768 accepting paving improvements constructed by C.B. Thompson Construction -Company on the 1990 Assessment Paving Program (34th Street - West Loop 289 to Milwaukee). RESOLUTION #3768 RESOLUTION ACCEPTING IMPROVEMENTS ON THE 1990 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 C.B. Thompson Construction Company, Inc. (Project No. 9403) for the making and construction of street improvements on a portion of 34th Street in said City including the following: 34th Street from West Loop 289 to its intersection with Milwaukee Avenue known and designated as Sub -Unit Number 80 of Unit Number 2240. WHEREAS, the improvements upon the said portion of the above -mentioned street has been inspected and found to have been constructed in accordance with the terms of said Contract (Project No. 9403); NOW THEREFORE: BE IT RESOLVED 8Y THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned street and the same are hereby accepted and the City Engineer BE and he is hereby authorized to direct final payment in the amount of $89,367.70. December 12, 1991 Page 862 SECTION 2. THAT the Mayor and City Secretary BE and they are instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portion of 34th 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 12th day of December, 1991. /sZ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Larr, , D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: s J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney This is a routine acceptance of paving improvements consisting of concrete paving, curb and gutter and drainage structures on 34th Street from West Loop 289 to Milwaukee Avenue. The total contract amount, including Change Order No. 1, is $1,381,908.82. The final construction cost is $1,353,664.92. Total paving assessments to be levied against abutting properties is $82,768.17. Staff recommended acceptance of these paving improvements. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to authorize Resolution #3768 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50B-862-723 [ 9.) Consider Resolution #3769 accepting avin improvements constructed by_Wil_liams_and Peters Construction Com an Inc. in Preston Hills Addition, Lots 95-126. December 12, 1991 Page 863 RESOLUTION #3759 RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Preston Hills Addition, Lots 95-125 made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition including the following streets: Frankford Avenue (C & G only) from its intersection with the North end of the alley between 85th and 85th Streets to its intersection with the North end of the alley return between 84th and 85th Streets known and designated as New Subdivision Sub -Unit Number 50 of Unit Number 2034. Elmwood Avenue from its intersection with the South lip line of 84th Street to its intersection with the West end of the cull -de -sac at 85th Street known and designated as New Subdivision Sub -Unit Number 51 of Unit Number 2034. Englewood Avenue from its intersection with the North end of the alley return between 85th and 85th Streets to its intersection with the South lip line of 85th Street known and designated as New :Subdivision Sub -Unit Number 52 of Unit Number 2034. 84th Street from its intersection with the Northeast corner of Lot 95 to its intersection with the West end of radius at Southwest corner of 84th Street and Elmwood Avenue known and designated as New Subdivision Sub -Unit Number 53 of Unit Number 2034. 85t:h Street from its intersection with the cul-de-sac at Frankford Avenue to its intersection with the West end of the cul-de-sac at Elmwood Avenue known and designated as New Subdivision Sub -Unit Number 54 of Unit Number 2034. WHEREAS;, the construction of the above improvements on the above -mentioned streets was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: December 12, 1991 Page 864 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION I. THAT the improvements on said portions of the above -mentioned streets BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 12th day of December, 1991. ZsZ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Larr, D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: s J. Worth IFul l i ngim J. Worth Fullingim, Assistant City Attorney The Consolidated Final Paving Estimate is filed with Resolution No. 3769. This is a routine acceptance of paving improvements required at the time of platting this new subdivision. - 84th Street from the northeast corner of Lot 95 to Elmwood Avenue. - 85th Street from Frankford Avenue to Elmwood Avenue. - Englewood Avenue from 85th Street to alley between 85th and 86th Streets. - Elmwood Avenue from 84th to 85th Streets. - East 112 of Frankford from the alley between 85th and 86th Streets to the alley between 84th and 85th Streets. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to authorize Resolution #3769 as recommended by Staff. Motion carried: 7 Yeas; O Nays. December 12, 1991 Page 865 91-50B-865-724 (10.) Consider Ordinance #9492 authorizing a traffic signal at_ 82nd and Vicksburg. ORDINANCE #9492 AN ORDINANCE AUTHORIZING A NEW TRAFFIC SIGNAL AT 82ND STREET AND VICKSBURG AVENUE; AND PROVIDING FOR PUBLICATION. Traffic counts taken at this intersection indicate that a traffic signal can now be justified in accordance with the provisions of the Texas Manual on Uniform Traffic Control devices. Funds are available and have been budgeted within the traffic control system Capital Projects Fund. Due to increased traffic along 82nd Street as a result of South Loop 289 construction and also the additional traffic anticipated due to the Christmas season, a temporary traffic signal was installed and placed in operation on November 27. Preparations for bidding the equipment are underway, and construction should take place late this winter or in early spring. The estimated cost of the permanent installation is $55,000. Staff recommended approval. Motion was made by Councilman Phillips, seconded by Councilman Maloy to authorize Resolution #9492 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50B-865-725 (11.) December 12, 1991 Page 855 RESOLUTION #3110 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement by and between the City of Lubbock and Metroflight, Inc. d/b/a American Eagle, 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 12th day of December, 1991. IsZ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /sj Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Bern E. Case Bern E. Case, Director •of Aviation APPROVED AS TO FORTH: ZsZ Harold Willard Harold Wiillard, Assistant City Attorney The Airline Lease Agreement between the City of Lubbock and Metroflight, Inc. d/b/a American Eagle is filed with Resolution No. 3110. Metroflight, Inc., dba American Eagle Airlines, began service in Lubbock to expand the American Airlines schedule one year ago. American Eagle has a short-term lease for one year and therefore must pay 125% of the landing fee rate assessed the long-term passenger carriers. Although American Eagle does not rent exclusive space, they are subject to the common area costs applicable to the other carriers. This cost is determined on a pro-rata basis by enplanements. The Airport Advisory Board approved the Lease Agreement in the November 20, 1991 Airport Board meeting. American Eagle has been a welcome addition to the service provided by American Airlines in Lubbock. They paid a total of $20,923.63 in fees in their last year at LTA. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Patterson to authorize Resolution #3110 as recommended by Staff. Motion carried: 1 Yeas; 0 Nays. December 12, 1991 Page 867 91-50B-861-126 (12.) RESOLUTION #3111 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 257 THROUGH 301, PHEASANT RUN ADDITION. WHEREAS, the developer of Lots 257 through 307, Pheasant Run Addition has complied with the provision of the City of Lubbock Code, Chapter 28, Article IV, by providing the water and sewer improvements for said addition in accordance with paragraph 156 of said Chapter 28; and WHEREAS, the total utility cost to the developer is $64,665.29 with the improvements constructed by Craft Construction having a value of $48,502.891 as determined by the unit prices established by said Chapter 28, and $16,162.40 cash paid to the City including $14,944.85 for adjacent line costs, with Rothwell Realtors, the developer to receive a refund of $5,894.72 in accordance with Chapter 28 of the Code of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed) under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: :SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $5,894.72 be made in accordance with said Chapter 28. SECTIONI 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 12th day of December, 1991. Is1 B. C. McMinn S. C. McMINN, MAYOR ATTEST: IsZ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: IsZ Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: /sZ J. Worth _Ful l i ngham J. Worth Fullingham, Assistant City Attorney December 12, 1991 Page 868 91-50B-858-727 (13.) This is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $64,665.29 including value of construction costs ($48,502.89) and cash paid to the City ($16,162.40). The Developer, Rothwell Realtors, will receive a refund of $5,894.72 in accordance with Chapter 28 of the Code of the City of Lubbock and based on the original estimate there is no refund of deposit. Staff recommended acceptance of these improvements. Motion was made by Mayor pro Tem Patterson, seconded by Councilman Aderton to authorize Resolution #3771 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3772 RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1-A, SAM G. DUNN ADDITION THROUGH LOTS 1-17, AND TRACTS A, 8 & C, DUNNHAVEN ADDITION. WHEREAS, the developer of Lots 1-A, Sam G. Dunn Addition, Lots 1-17 (inclusive), and Tracts A, 8 & C, Dunnhaven Addition has complied with the provision of the City of Lubbock Code, Chapter 28, Article IV, by providing the water and sewer improvements for said addition in accordance with paragraph 156 of said Chapter 28; and WHEREAS, the total utility cost to the developer is $30,814.90 with the improvements constructed by Rhodes Construction having a value of $18,726.00 as determined by the unit prices established by said Chapter 28, and $12,088.90 cash paid to the City, includes $11,319.74 for adjacent line costs with Dunnhaven Inc., the developer to receive a refund of $0.00 in accordance with Chapter 28 of the Code of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTIO4 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $0.00 be made in accordance with said Chapter 28. December 12, 1991 Page 869 SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 12th day of December, 1991. ATTEST: s R nette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Wilford D. Watson Wilford D. Watson, Chief Water Utilities Engineer APPROVED AS TO FORM: s J. Worth Fullingham J. Worth Fullingham, Assistant City Attorney 91-50B••869-728 (14.) Is/ B. C. McMinn B. C. McMINN, MAYOR This is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $30,814.90 including value of construction costs ($18,726) and cash paid to the City ($12,088.90). Based on the original estimate, there is no refund of deposit and no refund due in accordance with Chapter 28 of the Code of the City of Lubbock. Staff recommended acceptance of these improvements. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Aderton to authorize Resolution #3772 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #3773 WHEREAS, the Texas Department of Corrections is seeking additional locations for prison facilities across the State of Texas due to the passage of Proposition 4 on November 5, 1991; and WHEREAS, the City Council of the City of Lubbock believes that the location of such a facility here would provide a significantly favorable impact upon the economy of the City of Lubbock and the surrounding area; and WHEREAS, it is possible that the location of a 1,000 bed facility such as is located at Snyder could add as many as 317 jobs and as much as $6 million annually to the Lubbock economy; and December 12, 1991 Page 870 WHEREAS, the Texas Department of Corrections has determined that there is no significant correlation between a city's crime rate and the existence of a Texas Department of Corrections facility in that city; and WHEREAS, the City Council of the City of Lubbock is committed to providing the financial incentives necessary to locate the 1,000 bed prison facility in Lubbock County, Texas; and WHEREAS, a "Task Force" created by Senator John Montford, County Judge Don McBeth and Mayor B. C. "Peck" McMinn has studied the location of a prison facility in Lubbock County and has recommended that such a facility be actively sought for Lubbock County; and WHEREAS, the City of Lubbock will be the applicant for a prison facility:; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby expresses its full and complete support for a prison facility to be located in Lubbock County„ Texas; and THAT a copy of this Resolution be made a part of any application or request for location of a prison facility in Lubbock County; and THAT the Mayor of the City of Lubbock is hereby authorized to sign any required application and associated documents to obtain said facility„ Passed by the City Council this 12th day of December, 1991. Is/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranet.te Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Rod Ellis. Rod Ellie, Director of Business Relations/Economic Development APPROVED AS TO FORM: s Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Senator Montford, Judge McBeath and Mayor McMinn recently appointed a task force of community leaders to investigate the possibility of locating a State correctional facility in Lubbock. During the budget session, the Legislature provided for an additional 25,000-plus prison beds to be constructed during the next biennium. The funding for the proposed prisons was tied to Proposition 4 which passed November 5, 1991. Approximately 96 cities compete in this process and the Task Force is preparing Lubbock's proposal for a 1,000-bed unit. December 12, 1991 Page 871 This Resolution demonstrates that the Lubbock City Council unanimous support of the project. The 1,000-bed prison will provide 317 new jobs for Lubbock at an total annual payroll of $6 million. The construction cost will be $28 million and the annual utilities costs for the prison will be $550,000. The proposed Resolution includes three main points: 1. Indicates the Lubbock City Council support for locating a prison facility in Lubbock County. 2. Commits financial incentives necessary to locate the 1,000-bed prison facility in Lubbock County. Mayor McMinn has previously expressed to the Task Force the desire of the City Council to commit the financial incentives necessary for Lubbock to be successful in the competition for a prison location. It appears that the incentives to locate the prison facility in Lubbock will be approximately $4-6 million dollars (depending on the site location chosen by prison officials). Staff is pledging to issue Certificates of Obligation to finance the necessary incentives and to retire the Certificates of Obligation with income received from the Economic Development Sales Tax if the Sales Tax Election is successful on January 18, 1992. If the Sales Tax Election is not successful, Staff will retire the Certificates of Obligation with General Fund Revenues, and it is likely that a property tax increase will be necessary to retire this debt if General Fund Revenues are used. 3. Pledges the City of Lubbock as the applicant for the prison facility and authorizes the Mayor to sign any application documents and to represent the City in negotiations with the State. Motion was made by Councilman Maloy, seconded by Councilwoman Trejo to authorize Resolution #3113 as recommended by Staff. Motion carried: 1 Yeas; 0 Nays. 91-50B-87'1-729 (16.) BID 11636--Street light fixtures (Central Warehouse). Graybar Electric Co., Amarillo--100 ea. street light fixtures w/400 watt high pressure sodium lamp. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. December 12, 1991 Page 872 91-50B-B72-730 (17.) BID #11671--Mae Simmons Community Center renovations, and authorize same (Building Services). RESOLUTION #3774 BE IT RESOLVED BY THE CITY CDUNCIL 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 All Texas Builders for the Mae Simmons Community Center renovations, 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 12th day of December, 1991. ATTEST: s atiette 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 CONTRACT STATE OF TEXAS fili]ikiftilm lif is%Ill l /s/ B. C. McMinn B. C. McMINN, MAYDR THIS AGREEMENT, made and entered into this 12th day of December, 1991 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and All Texas Builder's of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTDR. WITNESSETH: 'That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 11671--Mae Simmons Community Center Renovations (Building Services) in the amount of $65,690.00 and all extra work in connection therewith, under the terms as stated in the conitract documents and at his (or their) own proper cost and expense to furniish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. December 12, 1991 Page 873 The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to d❑ so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) s Ranett;oy Is/ B. C. McMinn Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: CONTRACTOR Secretary By: TITLE: COMPLETE ADDRESS: All Texas Builder's P.O. Box 3486 Lubbock, TX 79452 Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to authorize Resolution #3774 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 91-50B•-873-731 (18.) BID #11717--Ammunition [Police]. C & G Police Supply, Garland--15 M. Federal .308 Winchester 168 GR Match. GT Distributors, Austin--21 M. .38 Special Reload; 2 M. 12 GA Rifled Slug HP; 4 M. 12 GA 00 Buckshot. Precision Delta Corp., Ruleville, MS--35 M. 9MM FMJ 115 GR; 15 M. .223 Remington 53 GRHP. 3D Ammunition & Bullets, Donithan, NE--30 M. .38 Special +P 125 GR SJHP; 10 M. 9MM JHP 115 GR. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 91-50B-.873-732 (19.) BID #1I570--Armored car service (Finance). Loomis Armored, Inc. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. December 12, 1991 Page 874 91-50B-814-133 (20.) 91-50B=V'.'4=134 (21.) 91-50B-874-135 BID #11654--Water valves (Water Treatment O & R Utilities, Inc., Odessa--4 ea. Gate valve, 20" Class 150. Eggelhof, Inc. --I ea. water level control valve, 16 SEPCO Industries, Inc., Dallas--2 ea. water level control valve, 20". Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to authorize low bids meeting specifications. Motion carried: 1 Yeas; 0 Nays. BID #11614--Concrete valve box (Water Treatment). Vaughn Concrete Products, Amarillo--2 ea. Concrete valve box, pre -fabricated 12'LX8'WX8'H. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to authorize low bid meeting specifications. Motion carried: 1 Yeas; 0 Nays. (22.) BID #11193--Library Automation System, and authorize same (Library). RESOLUTION #3115 8E IT IRE50LVED 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 Sirsi Corporation for installation of an Automated Library System, 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 12th day of December, 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 APPROVE=D AS TO FORM: Zs/ Hm,old Willard Harold Willard, Assistant City Attorney December 12, 1991 Page 875 CDNTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 12th day of December, 1991 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and SIRSI of the City of Huntsville, Alabama, County of Madison, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under, the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 11193--Library Automation System (Library) in various amounts (see contract) and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract, documents as defined in the General Condition of Agreement. 'The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: s anei:te Bod Secretary APPROVED AS TO CONTENT: s Jeff Ripgel ATTEST: I-s-1 Name Not Legible Secretary CITY OF LUBBOCK, TEXAS (OWNER) Is/ B. C. McMinn Mayor APPROVED AS TO FORM: Is/ Donald G. Vandiver SIRSI Corporation CONTRACTOR By: Is1 Name Not Legible TITLE: Vice President COMPLETE ADDRESS: SIRSI Corporation 110 Walker Avenue Huntsville, Alabama Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to authorize Resolution #3775 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. December 12, 1991 Page 876 91-50B-876-736 ( 6.) ORDINANCE_#949a AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUB80CK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2677; A ZONING CHANGE FROM R-1 TO C-2A ZONING ON LOTS 7 AND 8, BLOCK 1, MEADOW8ROOK ACRES ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAYINGS CLAUSE AND PROVIDING FOR PUBLICATION. Verbal Evans presented this request for zone change. No one appeared in opposition. Mayor McMinn closed the hearing at 10:31 a.m. David Jones, Director of Planning, stated that Mr. Evans lives north of Estacado High School and his request for C-2A zoning is on all the property he owns in this area. His desire is to develop a convenience store and coffee shop on the corner of North Quirt and East Itasca and as indicated during the hearing that Mr. Evans does not anticipate having gas pumps when the facility is initially built. Mr. Jones then gave the adjacent land use relationships as follows: North - greenhouse South - public high school East - vacant West - residential and vacant According to Staff memo, the Comprehensive Land Use Plan notes this area as residential. Most of the property is an older residential area where the zoning was changed at North Quirt and Municipal Drive to accommodate the commercial greenhouse. The Planning and Zoning Commission noted that a Comprehensive Land Use Plan policy change and subsequent zoning decision at this location is different from typical zone change requests because the area is sparsely developed. A C-2A parcel on one acre at the corner of Itasca and North Quirt would have little effect on the area, except to discourage future residential development as indicated on the Comprehensive Land Use Plan. Mr. Jones went on to advise that the commercial greenhouse has probably already removed the residential capability in the area bounded by East Itasca, North Magnolia and Municipal Drive. The subdivision is platted but pro-rata has not been paid and sewer service is not immediately available. (These comments were made at the Planning and Zoning hearing to create a clear record that development on this site will be more expensive than on commercial sites where service is already in place.) December 12, 1991 Page 877 With the school site to the south and the C-4 zoned green mouse to the north, C-2A zoning has no permitted uses that would be detrimental to the area. The Planning and Zoning Commission did make a positive finding for recommendation of a minor Land Use Plan change to precede approval of the zone change. Staff supports the recommendation of the Planning and Zoning Commission. The P&Z Commission recommended the following condition: 1. A Site Plan, including building elevations snowing materials, color and texture, will be submitted and approved by the Planning and Zoning Commission prior to the issuance of a building permit on any current or future construction on this property. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to pass on first reading Ordinance #9493 with condition recommended by P&Z and City Staff. Motion carried: 7 Yeas; O Nays. 91-5O6-S77-737 (15.) Hold an Executive Session to discuss land acquisition (Transit). 91-5OB-8i77-738 (23.) Building Board of Appeals December 12, 1991 Page 878 91-50B-878-739 (24.) Law's term was due to expire June 2.1992. Motion was made by Councilman Phillips, seconded by Councilman Maloy to appoint Victor Hernandez to fill the unexpired term of yarn Law on the Building Board of Appeals. Motion carried: 4 Yeas; D Nays -- Councilman Aderton, Councilwoman Trejo, and Mayor Pro Tem Patterson absent from the Council Chambers. There being no further business to come before Council, motion was made by Councilman Phillips, seconded by Councilman Maloy to adjourn the meeting at 10:58 a.m. Motion carried: 4 Yeas; D Nays --Councilman Rderton, Councilwoman Trejo, and Mayor Pro Tem Patterson absent from the Council Chambers. r � B. C. McMinn Ma or ATTEST: 4RantiNr�oydCity Secre ary Read and approved this the 19th day of December, 1991. r x B. C. McMinn, ,"Mayor ATTEST: qRanto fioyd, City S cretary