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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/9/1992CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING JANUARY 9, 1992 10:00 A.M. The City Counicil of the City of Lubbock, Texas met in regular session on the 9th day of January, 1992 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 Tern T. J. Patterson, Councilman Gary Phillips, Councilman Bill Malay, 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 City Secretary Ranette Boyd. ( 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 Councilwoman Trejo to approve the Minutes of the December 19, 1991 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 4.) Board Appointments 92-51A-1-1 5.) A representative from the Governmental Finance Officers Association of the United States and Canada, will present the 7th Consecutive Award for Achievement in Financial Reporting to the City of Lubbock. Debra Forte, President of GFOA and Finance Director in Euless, presented this award for the City of Lubbock 1989-90 Annual Financial Report. This is the highest recognition by the Governmental Finance Officers Association. In order to receive this award, the financial report is reviewed and tested against a stringent list of requirements. Mayor McMinn accepted the award on behalf of the City. 92-51A-1-2 9.) Consider Resolution #3784 accepting paving improvements constructed by Williams and Peters Construction Company on East Baylor Street (Community Development Paving). January 9, 1992 Page 2 RESOLUTION #3784 WHEREAS, the City of Lubbock heretofore entered into a Contract with Williams. & Peters Construction Company for the making of paving improvements in said City including, among others, the following: EN -Chapel Hill Paving - East Baylor WHEREAS, the construction of the above improvements on the above -mentioned street 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 the terms of said Contract, being Project No. 3113; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the improvements on said street BE and the same are hereby accepted and the City Engineer is hereby authorized to direct final payment to Williams & Peters Construction Company in the amount of $1,188.17. SECTION 2. THAT this Resolution shall take effect and be in force from the date of its passage. Passed by the City Council this 9th day of January, 1992. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /sZ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s B. C. McMinn B. C. McMINN, MAYOR A copy of the Monthly Estimate is filed with Resolution No. 3784. This is a routine acceptance of paving improvements constructed with Community Development funds. This block of East Baylor Street is located between North Niter Avenue and North Olive Avenue in the area known as Chapel Hills. The original contract amount was $23,543.75, and work by the contractor is $23,763.36. Staff recommended approval. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Malloy to authorize Resolution #3784 as recommended by Staff. Motion carried: 7 Yeas; O Nays. 92-51A-2-3 (10.) Consider Resolution #3785 authorizing the Mayor to - 16th Year Funding). January 9, 1992 Page 3 RESOLUTION #3785 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 Change Order No. 1, adding sidewalk quantities to existing contract, Project Number 3113-590613-0001, for improvements between said City and Danny Klein Construction, 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 9th day of January, 1992. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: 5 Larr , D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney TO: Danny Klein Construction 4310 93rd Street Lubbock,, Texas 79423 CHANGE ORDER NO. 1 TO NORTH OVERTON Sidewalk Improvements -- 16 Year Gentlemen: WHEREAS, it is desirable to make changes in the plans and specifications for this project, being namely Change Order No. 1. Original Amount of Contract $43,588.00 Increased by Change Order No. 1 $ 2,427.93 Total Amount of Contract $46,015.93 January 9, 1992 Page 4 THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and the Contractor agree to change shown herein and in the revised plans, the Owner agrees to pay the Contractor the amount of increase in cash. The Contractor agrees to proceed with construction and to adhere to the applicable specifications, under the direction of the Engineer. Furthermore, the parties agree that the original contract between the Owner and the Contractor shall be modified to the extent herein indicated, including one (1) attachment. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 9th day of January, 1992. OWNER: CITY 01= LUBBOCK By:/s/ B. C. McMinn B. C. McMinn, Mayor ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Sand, 0g1etree Sandy Ogletree, Community Development Administrator $ Jim Bertram Jim Bertram, Assistant City Manager/Development Services APPROVED AS TO FORM: s Donald G. Vandiver Donald G. Vandiver, First Assistant; City Attorney 92-51A-4-4 CONTRACTOR: DANNY KLEIN CONSTRUCTION By:/s/ Danny Klein Danny Klein, President This change order provides for additional work at four locations during the sidewalk construction project and will increase the contract amount by $2,427.93, changing the total to $46,015.93. Staff recommended approval. Motion was made by Councilwoman Trejo, seconded by Mayor Pro Tem Patterson to authorize Resolution #3785 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. (11.} Consider Resolution #37B6 accepting -sidewalk improvements constructed by Danny Klein Construction on the North Overton Sidewalk Improvement Project (Community Development - 16th Year Funding). RESOLUTION #3786 A RESOLUTION ACCEPTING IMPROVEMENTS AS LISTED BELOW: WHEREAS, the City of Lubbock heretofore entered into a Contract with Danny Klein Construction, for the making of sidewalk improvements in said City, including among others the following: North Overton Sidewalk Improvements -- 16th Year. January 9, 1992 Page 5 WHEREAS, the construction of the above sidewalk improvements was performed under the supervision of the Community Development Administrator, and said improvements have been completed and have been inspected and found to have been constructed in accordance with the terms of said Contract, Project No. 3113-590613-0001; NOW THEREFORE: BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the sidewalk improvements BE and the same are hereby accepted and the Community Development Administrator BE and is hereby authorized to direct the final payment to the Contractor in the amount of $460.15. SECTION 2. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 9th day of January, 1992. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Sandy Ogletree Sandy Ogletree, Community Development Development Administrator APPROVED A5 TO FORM: s Donald G. Vandiver Donald G. Vandiver, First Assistant: City Attorney A copy of the Monthly Estimate is filed with Resolution No. 3786. This is a routine acceptance of sidewalk improvements on this Community Development funded project. The total contract amount (including Change Order No. 1) is $46,015.93, and work by the contractor is $46,015.11. Staff recommended approval. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to authorize Resolution #3786 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 92-51A-5-5 (12.) Consider request of Burk Luebbehusen Ray & Company for bond reduction on LIF-Lubheirs No. 12, LIF-Lubheirs No. 13 and North Loop Unit No. 1. This is a routine request as provided at Section 24-128(a) of the City of Lubbock Code of Ordinances. When a well is completed, the permittee may request a reduction from $25,000 to $10,000 in the bond or letter of credit. A letter requesting reduction in the bond amount was submitted to the Planning Department on December 16, 1991. Drilling operations have been completed. Staff recommended approval of this reduction. January 9, 1992 Page 6 Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Maloy to approve request of Burk Luebbehusen Ray & Company for bond reduction on LIF-Lubheirs No. 12, LIF-Lubheirs No. 13, and North Loop Unit No.1 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 92-51A-6-6 [13.7 Consider Resolution #3787 authorizing the Mayor to sign a Right -Of -way Easement located in Section_28_z Block A (Lubbock International Airport) with Energas. RESOLUTION #3787 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 instrument entitled "Gas Line Easement" covering a part of Section 28, Block A, Lubbock, Lubbock County, Texas, unto Energas Company, a Division of Atmos Energy 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 9th day of January, 1992. /s1 B. C. McMinn B. C. MCMINN, MAYOR ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: IS/ Ed Buc Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Is/ J. worth Full in im J. Worth Fullingim, Assistant City Attorney January 9, 1992 Page 7 GAS LINE EASEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS: THAT, CITY OF LUBBOCK, the undersigned, hereinafter referred to as GRANTOR, for and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00), and other good and valuable consideration to GRANTOR in hand paid by ENERGAS COMPANY, a Division of Atmos Energy Corporation, hereinafter referred to as GRANTEE, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto GRANTEE, its successors and assigns, a right-of-way and easement to lay, maintain, operate, remove, or replace (either in conjunction with or prior to the removal of the then existing line) gas distribution lines and service laterals, meters, regulators and all necessary appurtenances thereto, in, along, under, across, over and through the following described property in Lubbock County, Texas, to -wit: That certain tract of land out of Section 28, Block A, Lubbock, Lubbock County, Texas. This easement being more particularly described by metes and bounds as follows: BEGINNING at a point which bears N. 89°59'30" E. a distance of 353.00 and N. 00*02' W. a distance of 56.00 feet from the Southwest corner of Section 28, Block A, Lubbock, Lubbock County, Texas; 'THENCE North a distance of 926.00 feet; THENCE East a distance of 600.00 feet; THENCE North a distance of 20.00 feet; THENCE West a distance of 620.00 feet; THENCE South a distance of 946.00 feet; THENCE East a distance of 20.00 feet to the PLACE OF BEGINNING. and this granit shall carry with it the right of GRANTEE to enter upon said land at all times for the purposes of making improvements and repairs to said lines, service laterals, meters, regulators, and appurtenances thereto, with the right of ingress, egress and regress to the said GRANTEE, its agents, workmen, employees and representatives at all times and seasons and including the right of removing, repairing, maintaining and reading meters. All work, maintenance, repair, etc. necessary to be done in connection with any main and appurtenances thereto which will occupy the right-of-way and easement herein granted shall be done in an approved manner with as little damage to said above described premises as may be practical considering the nature of any such work, repairs, maintenance, etc., and the main itself shall be buried to a depth at least thirty-six (36) inches below the surface of the ground, unless caliche or rock formations be encountered, in which event it shall be buried at least to the depth of the top of said caliche or rock formation. GRANTOR may fully use and enjoy said premises, to the extent that the use and enjoyment thereof by Grantor does not hinder, conflict or interfere with the exercises of the GRANTEE'S rights hereunder and it is agreed that no building, reservoir or structure shall be constructed by GRANTOR upon, under or across said right-of-way and easement without GRANTEE'S written consent. January 9, 1992 Page 8 TO HAVE AND TO HOLD the above described rights and easements, together with any other rights necessary to maintain, operate and keep in service at all times gas distribution mains and all appurtenances thereto, over and through said above described premises unto the said GRANTEE, its successors and assigns. It is hereby understood that the parties securing this grant in behalf of the GRANTEE are without authority to make any covenant or agreements not herein expressed. WITNESS THE EXECUTION HEREOF an the 9th day of January, 1992. CITY OF LUBBOCK BY:/s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS l'D CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED A5 I'D FORM: s J. Worth Fullin im J. Worth Fullingim, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § 13EFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared B. C. McMINN, Mayor of the CITY OF LUBBOCK, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of the CITY OF LUBBOCK. 1992. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of January, s Olivia R. Solis !Votary Public in and for the State of Texas This Resolution directs the Mayor to execute a Right -Of -Way Easement with Energas run its gas line across City property at the Airport. This Easement is 20' wide and 1,525' long and runs north then eastward from Bluefield Street (southwest corner of the Airport) to serve the new F.A.A. hangar. Staff recommended this Easement to Energas. City Attorney John Ross commented that Energas is franchised by the City of Lubbock (Ordinance #9194) and this Easement is granted according to provisions of the franchised. January 9, 1992 Page 9 Motion was made by Councilman Aderton, seconded by Councilman Malay to authorize Resolution #3787 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 92-51A-9-7 (14.) Consider Ordinance #9495 abandoning _and closing a Transformer Pad Easement out of Lot 17, Dunnhaven Addition (4915 19th Street). ORDINANCE #9495 AN DRDINANCE ABANDONING AND CLOSING A TRANSFORMER PAD EASEMENT OUT OF LDT 17 OF DUNNHAVEN 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 MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANOONMENT AND CLOSING; PRDVIDING A SAVINGS CLAUSE:; AND PROVIDING FOR PUBLICATION. This Ordinance abandons and closes a 4' X 6' Transformer Pad Easement located at the northwest corner of Lot 17 of the recently platted Dunnhaven Addition (4900 block of 19th Street). This Easement has been requested for closure by the developer since it will be in the way of their fencing. LP&L has no objections and Staff recommended this closure. Motion was made by Councilman Malay, seconded by Mayor Pro Tem Patterson to pass on first reading Ordinance #9495 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 92-51A-9 g (15.) Consider the price and conditions of sale of Parcel Numbers 33500-20-170 and 33500-20-180 at 1010-1012 3rd Street in The Guadalupe Urban Renewal Area. This is a routine sale of property by the Urban Renewal Agency to Spectrum Construction, Inc. (Gary Patton, President) for $600 (@ $300 per lot). This property is to be redeveloped as a single-family residence and is properly zoned. This proposed sale is submitted according to the Marketing Plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989. Staff recommended approval. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to accept price and conditions of sale of Parcel Numbers 33500-20-170 and 33500-20-180 at 1010-1012 3rd Street in the Guadalupe Urban Renewal Area as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. January 9, 1992 Page 10 92-51A-10-9 (15.) Consider Resolution #3788 authorizing the Mayor t❑ execute the approval and authorization ❑f the ADA Paratransit Plan. RESOLUTION #3788 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 an directed to execute for and ❑n behalf of the City of Lubbock the approval and authorization of the AOA Paratransit Plan, which is attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes ❑f this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of January, 1992. /s/ B. C. McMinn B. C. McMinn, Mayor ATTEST: Zs/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Larr f Hoffman Larry Hoffman, Director ❑f Transportation APPROVED AS TO FORM: s J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney A copy of the ADA Paratransit Plan is filed with Resolution No. 3788. The previously enacted Americans with Disabilities Act (ADA) requires that public entities providing fixed route transportation must also provide complimentary paratransit service comparable to the fixed route. A plan must be submitted to the Federal Transit Administration (formerly Urban Mass Transportation Administration) by January 25, 1992, outlining how and when Citibus will comply with this requirement. Also required is that public participation be solicited in preparation of this plan. The Lubbock Public Transit Advisory Board (TAB) appointed an ADA Subcommittee in August, 1991 consisting of persons with disabilities and persons associated with service agencies for the disabled. In cooperation with the ADA Subcommittee, Staff prepared a plan and presented it to the TAB on December 17, 1991. January 9, 1992 Page 11 Highlights of the ADA requirements are as follows: Must provide service within 3/4 to 1-112 miles on the fixed routes Must provide next day response to request for service The fare cannot exceed two times the fixed route fare for ADA eligible passengers The hours and days of service must be the same as the fixed route Cannot constrain the capacity for ADA eligible passengers A requirement of ADA is that all ADA-paratransit- eligible passengers be provided transportation service. The demand for the service must be identified and the plan must outline how this demand will be met. In order to meet the demand identified by the ADA Subcommittee, two expansion vans must be purchased and additional hours of service must be provided in FY 1993. The total capital cost will be $150,000, of which the City's share will be $30,000. The total operating cost will be $55,800 per year, and the City's share of that cost will be $14,734. The ADA requires that service be provided only to the area served by the fixed route; however, the plan includes service within the City limits as currently provided by the Demand Response Service (DRS). Approximately $17,500 per year of the City's share could be reduced if service was only provided in the required area; but if Citibus only served the area required by ADA, 10% of the current DRS passengers would fall outside of the area. The TAB approved this plan on December 17, 1991, and, recommended City Council approval. Motion was made by Mayor Pro Tem Patterson, seconded by Councilwoman Trejo to authorize Resolution #3788 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 92-51A-11-10 (17.) Consider Resolution #3789 changing the Civil Service RESOLUTION #3789 WHEREAS, the City of Lubbock Firefighters' and Police Officers' Civil Service Commission (hereinafter referred to as "Civil Service Commission") is empowered by Sections 143.008 and 143.022 of the Texas Local Government Code to adopt rules for the Commission and for the physical requirements of Civil Service applicants; and WHEREAS, the Civil Service Commission met, duly considered, and approved the following changes to the educational and visual requirements for applicants in Sections 5.02 and 5.03 of the Lubbock Civil Service Rules; and January 9, 1992 Page 12 WHEREAS, Section 7.02 of the Lubbock Civil Service Rules requires that every change in the rules adopted by the Civil Service Commission shall be submitted to the governing body of the City for its consideration and approval; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock hereby approves the new Section 5.03 of Rule 5 of the Lubbock Civil Service Rules as adopted by the Civil Service Commission, October 11, 1990, which reads as follows: "Section 5.03. Educational Requirements: All Civil Service applicants shall be required to have either a high school diploma or a GED at the time of application." SECTION 2. THAT the City Council of the City of Lubbock hereby approves the amendment to Section 5.02(b){2) of the Lubbock Civil Service Rules as adopted by the Civil Service Commission, August 20, 1991, which reads as follows: "Section 5.02(b): (2) Vision - Police Officer applicants shall possess uncorrected visual acuity of 20/100 or better in each eye with both eyes correctable, with eyeglasses, to at least 20/20 binocular vision, or 20/200 or better vision correctable to at least 20/20 binocular vision with soft contact lens. Firefighter applicants shall possess uncorrected binocular visual acuity of 20/100 or better, correctable to at least 20/20 binocular vision and shall be free from color blindness. Passed by the City Council this 9th day of January, 1992. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST„ IsZ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: IsZ Mark Bell by Mary Andrews Mark Bell, Director of Personnel/ Civil Service Commission APPROVED AS TO FORM: IsZ Linda L. Chamales Linda L. Chamales, Assistant City Attorney The Civil Service Commission recently voted to change the educational requirements from "a high school diploma or a GED with 30 hours of college" to "a high school diploma or a GED". This change was based on discussions with the minority community and the Fire and Police Associations as to the disparate treatment of those with a GED, which is equivalent to a high school diploma. January 9, 1992 Page 13 The Civil Service Commission also voted to change the eyesight requirements of entry level Fire Fighters from "uncorrected visual acuity of 20/30 or better in each eye with eyes correctable to 20/20 binocular vision and shall be free from color blindness" to "uncorrected visual acuity of 20/100 or better, correctable to at least 20/20 binocular vision and shall be free from color blindness". This change was based on a survey of other Texas cities and the National Fire Protection Association recommendations. Motion was made by Councilwoman Trejo, seconded by Councilwoman Baker to authorize Resolution #3789 as recommended by Staff. Motion carried: 7 Yeas; O Nays. 92-51A-13-11 (18.) Consider Resolution #3790 authorizing the Mayor to sign a Contract Amendment with Crawford & Company for processing liability and workers' compensation claims. RESOLUTION #3790 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 Addendum #3 for Claim Service Contract No. 3628 by and between Crawford & Company and 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 9th day of January, 1992. /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: s Ranet:te Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s J. Re6ert Massengale J. Robert. Massengale, Assistant City Manager for Financial Services APPROVED AS TO FORM: s Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney January 9, 1992 Page 14 CRAWFORD & COMPANY ADDENDUM #3 STATE OF TEXAS COUNTY OF LUBBOCK CONTRACT NO. 3628 PREPARED JULY 25, 1991 CLIENT CODE NO. 01277 CRAWFORD & COMPANY, hereinafter referred to as the "Servicing Company," and CITY OF LUBBOCK, hereinafter referred to as the "Client," mutually agree to the following amendment to the July 14, 1989, Claim Service Contract #3628. 1. Page 1, section (3) is amended to read as follows: For the period July 14, 1991 thru July 13, 1992: 1.37 State Workers Compensation Medical Only claims @ $62.25 per claimant = 1.11 State Workers Compensation Other Than Medical Only claims @ $690.50 per claimant (States of AK, CA, FL and TX) _ 51 Automobile Liability claims @ $220.00 per claimant = 69 General Liability claims @ $220.00 per claimant = $ 8,528.25 $ 76,645.50 $ 11,220.00 $ 15,180.O0 $111,573.75 2. Page 1, last paragraph first sentence is amended to read as follows: The "Client" agrees to pay the "Servicing Company" at the rate of one -twelfth (1112) of $111,573.75 per month ($9,297.81). 3. Page 2, immediately following paragraph 5, two new paragraphs are added as follows: Workers' Compensation Other Than Medical Only (All Other States) claims shall be handled by the "Servicing Company" at a flat rate of $393.25 per claimant. Pre -hearings shall be handled by the "Servicing Company" at a flat rate of $133.25 per hearing and paid as an allocated expense. January 9, 1992 Page 15 4. All other provisions of the July 14, 1989, contract #3628 shall remain unchanged. IN WITNESS WHEREOF, the "Servicing Company" and the "Client" have caused this addendum to be executed by the persons authorized to act in their respective names. DATED THIS 9th day of January, 1992. CITY OF LUBBOCK By:Is/ B. C. McMinn B. C. McMinn, Mayor ATTEST: By:/s/_Ranette Baud Ranette Boyd, City Secretary APPROVED AS TO CONTENT: By:1s,Z J„ Robert Massengale J. Robert Massengale, Assistant City Manager for Financial Services APPROVED AS TO FORM: By: s Dt)nald G. Vandiver Donald G. Vandiver, Assistant City Attorney CRAWFORD & COMPANY By:ZsZ Crawford Title: President On July 13, 1989, the City of Lubbock entered into a Contract with Crawford & Company processing liability and workers' compensation claims. The 5-year Contract includes a provision for adding revisions each year. In this third Contract Amendment Crawford requested an increase of 1.7% in fees from $109,667 per year for 1990-91 to $111,573.75 for 1991-92. City Staff recommended that the adjustments are appropriate as they are consistent with other third -party administrators in the industry. Motion was made by Councilwoman Baker, seconded by Councilwoman Trejo to authorize Resolution #3880 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 92-51A-15-12 (19.) Hold an Executive Session to discuss land acquisition (Parks & Recreation). January 9, 1992 Page 16 92-51A-16-13 (20.) BID #11712--Water Treatment Plant improvements, Contract 2 Chlorine/Ammonia Facilities, and authorize same (Water Utilities). RESOLUTION #a88+ 5 "' I f 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 Red River Construction Company for improvements to the Chlorine/Ammonia Facilities at the Water Treatment Plant, 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 9th day of January, 1992. ATTEST: s Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: s Gene Eads Gene Eads, Purchasing Manager APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK /s/ B. C. McMinn B. C. MCMINN, MAYOR THIS AGREEMENT, made and entered into this 23rd day of January, 1992 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 Red River Construction Co. of the City of Dallas, County of Dallas, 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. 11712--Water Treatment Plant Improvements, Contract 2 Chlorine/Ammonia Facilities (water Utilities) in the amount of $598,400.00 and all extra work in connection therewith, under the terms as stated in the conitract documents and at his (or their) awn proper cost and expense to furniish all materials, supplies, machinery, equipment, tools, superinitendence, 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. January 9, 1992 Page 17 The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do s❑ 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) IsZ Ranette Bo d Is1 B. C._McMinn Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: Red River Construction Co. CONTRACTOR Secretary By: TITLE: COMPLETE ADDRESS: Red River Construction Co., Dallas 13725 Omega Road Dallas, Texas 75244 Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Aderton to authorize Resolution 93881 as recommended by Staff. Motion carried: 7 Yeas; O Nays. 92-51A-17-14 (21.) BID #11755--Replacement Tube Assemblies for Feedwater Heaters [Electrical Production]. Senior Engineering Co., Berlin, WI--1 Lot tube assemblies for Feedwater Heater 9's 4 & 5. Motion was made by Mayor Pro Tem Patterson, seconded by Councilman Aderton to authorize low bid meeting specifications. Motion carried: 7 Yeas; O Nays. 92-51A-17-15 (22.) Hold an Executive Session to discuss personnel matters regarding duties -responsibilities and/or angointments to: Housing Standards Commission Library Board January 9, 1992 Page 18 92-51A-18-16 (23.) 92-51A-18-17 (24.) 92-51A-18-18 ( 6.) Consider two aggointments to fill tw❑ newly created alternate positions ❑f the Housing Standards Commission. Motion was made by Councilman Phillips, seconded by Mayor Pro Tem Patterson to appoint Gene Bals and Charlie Cannon to the Housing Standards Commission. Motion carried: 7 Yeas; 0 Nays. Consider ❑ne appointment t❑ the Library Board. Mike Thomas declined appointment. Motion was made by Councilman Phillips, seconded by Councilwoman Trejo to appoint Bonner Smith t❑ the Library Board. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9496--Zone_Case_ #2I18-R (Northeast of Specific Use and R-2 to R-1 and C-3 on a tract out of Section 15, Block E-2. .- ORDINANCE #9495 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2118-R; A ZONING CHANGE FROM R-1 SPECIFIC USE AND R-2 TO R-1 AND C-3 ZONING ON A TRACT OF LAND OUT OF SECTION 15, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. No one appeared either for or against this request. Mayor McMinn closed the hearing at 10:32 a.m. David Jones, Director of Planning, stated that the short-term demand and value of the property adjacent to 98th and Slide is greater for residential than the commercial uses allowed by the existing Planned Unit Development Zone Case. Existing zoning for the corner 10 acres is C-2. This request maintains approximately one acre on the corner ❑f 98th and Slide, proposed as C-3 in this case, to accommodate a convenience store at a future date. Mr. Jones gave the adjacent land use relationships as follows: North - vacant - PUD zoning allows multi -family South - vacant - zoned "T" East - vacant - PUD zoning allows single family West - C-2/vacant (98th to 96th) R-2/vacant - 1/2 block (96th to alley) R-1 developed - 1/2 block ( alley t❑ 95th) January 9, 1992 Page 19 According to Mr. Jones, a down zone to R-1 usually generates little discussion. The Comprehensive Land Use Plan provides for zoning between 5 to 10 acres of commercial at each corner of major thoroughfare intersections and the decision to reverse that policy was discussed by the P&Z Commission. Staff advised P&Z concerning the reversal of policy and that this request represents a minor change in the Comprehensive Land Use Plan. According to Staff memo, P&Z Commission discussion also indicates an understanding that the property on the southeast corner will remain eligible for a standard 10-acre share ❑f commercial when a zone change is requested, although single-family zoning will be located within Lakeridge ❑n the north side of 98th for approximately 600'. Staff visited with the owner of the property south of 98th and recommended filing a request for zoning soon to eliminate objections from adjacent homeowners in the future. Mr. Jones advised further that the request should cause no adverse traffic situations and that Staff supports approval of the request as recommended by the Planning and Zoning Commission with the following condition on the C-3 tract: 1. A Site Plan including building elevations showing materials, color and texture to be submitted and approved by the Planning and Zoning Commission prior to the issuance of a building permit. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to pass on first reading Ordinance #9496 with condition recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. 92-51A-19-19 ( 7.) ORDINANCE #9497--Zone Case #1227-B (3822 Idalou Addition. ORDINANCE #9497 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1227-B; A ZONING CHANGE FROM C-3 AND M-1 TO C-4 AND C-4 SPECIFIC USE PERMIT FOR MINI -WAREHOUSES ON ALL OF BLOCK 1, GORDON-BOZEMAN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Ron Rodgers appeared on behalf of Raymond A. Taylor to present this request for zone change. No one appeared in opposition. Mayor McMinn closed the hearing at 10:34 a.m. January 9, 1992 Page 20 David Jones, Director ❑f Planning, stated that this request will rezone an existing mini -warehouse complex on Lots 9 and 10 to C-4 Specific Use for mini -warehouses and the permitted C-4 uses noted below. The existing C-3 along Idalou Highway (Lots 1-8) would become C-4 with the strike list noted below. Mr. Jones gave the adjacent land use relationships as follows: North - Idalou highway South - C-4 and R-1 East - C-3 and R-1 West - C-4 and Idalou highway No Comprehensive Land Use Plan policies are involved since this area is presently zoned Commercial and the Idalou Highway represents the regional highway where C-4 or heavy commercial is recognized as policy. According to Staff memo, since mini -warehouses are in place, the P&Z Commission discussed the need for Site Plan review only prior to new construction. In addition, the P&Z Commission determined that the proposed strike list is acceptable. Approval of the request should have no effect on traffic. Mr. Jones indicated Staff support of the Planning and Zoning Commission recommendations with the following conditions: 1. A site plan, including building elevations showing materials, color and texture, shall be submitted and approved by the Planning and Zoning Commission prior to the issuance of a building permit for any new construction or major reconstructions. 2. Uses unconditionally permitted in the C-4 zoning district except: a) Billboards; b] Dance hall; C) Game room, pool, billiard and/or domino parlor; dj Golf driving range; e) Mobile home sales; fj Nightclub, bar or lounge; and g) Swimming pool, commercial or sales. Motion was made by Councilman Aderton, seconded by Councilman Phillips to pass an first reading Ordinance #9497 with conditions recommended by P&Z and City Staff. Motion carried: 7 Yeas; 0 Nays. January 9, 1992 Page 21 92-51A-21-20 ( 8•) Wacasey Addition. ORDINANCE #9498 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2488-A; A ZONING CHANGE FROM R-3 TO GO ZONING ON LOTS 9 AND 10, WACASEY ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. No one appeared either for or against this request. Mayor McMinn closed the hearing at 10:35 a.m. David Jones, Director of Planning, stated that the existing zoning is R-3 and the structure has been used as both a fraternity house and a private home. The proponent wishes to demolish the existing structure and build an office. Parking is primarily to the south on a vacant lot which was used when the structure was a fraternity lodge. Mr. Jones gave the adjacent land use relationships as follows: North - Maxey Park South - single family East - Maxey Park West - apartments GO is a buffer district in the same fashion as R-3 (which is now A-2), so the Planning and Zoning Commission does not consider the request as a change in Comprehensive Land Use Plan Policy. The request is a lateral move in terms of both the Comprehensive Land Use Plan and zoning policy. The Planning and Zoning Commission approved (as outlined in the GO District) deletion of the requirement of a screen fence to the south (single-family) and east and north (Maxey Park). The request should not adversely affect traffic. Staff supports the recommendation of the Planning and Zoning Commission. Motion was made by Mayor Pr❑ Tem Patterson, seconded by Councilman Maloy to pass on first reading Ordinance #9498 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. January 9, 1992 Page 22 There being no further business to come before Council, motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Patterson to adjourn the meeting at 10:37 a.m. Motion carried: 7 Yeas; 0 Nays. c s C. McMin , Mayor ATTEST: Ran to Boyd, City Sec �tary� Read and approved this the 23rd day of January, 1992. c r B. C. McMirefi, Mayor ATTEST: qRant BBoyd, City Se eta