Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 11/11/1993CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING NOVEMBER 11, 1993 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 11th day of November, 1993 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 a.m. Present: Mayor David Langston, Mayor Pro Tem Randy Neugebauer, Councilmember T. J. Patterson, Councilmember Alex Cooke, Councilmember Max L. Ince, Councilmember Victor Hernandez, City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary Betty Johnson. Absent: Councilmember M. J. Aderton. Mayor Langston called the meeting to order at 10:05 A.M. ( 1.) The Invocation was given by Councilmember T.J. Patterson. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. 93-52B-951-786 ( 3.) Chuck Kershner is requesting approval for a loudspeaker Dermit for November 13, 1993 in con.iunction with a barbecue and dance. Chuck Kershner requested a loudspeaker permit for a barbecue and dance he is hosting at the Four Bar K Ranch facility, 2811 98th Street, for the Texas Tech Alpha Chi Omega Sorority. The request is for Saturday, November 13, 1993, from 7:00 p.m. to 11:30 p.m. Mr. Kershner has on file a signed petition from area residents in accordance with his agreement with the city approving activities without acquiring approval signatures for every scheduled event. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve the request of Chuck Kershner for a loudspeaker permit for November 13, 1993 from 7:00 p.m. to 11:30 p.m. Motion carried: 6 Yeas; 0 Nays. ( 4.) Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve the minutes of the October 28, 1993 Regular City Council Meeting as written. Motion carried: 6 Yeas; 0 Nays. November 11, 1993 Page 952 93-52B-952-787 ( 5.) ORDINANCE #9664 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2460-J; A ZONING CHANGE FROM C-2 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON A 3.8 ACRE TRACT OF LAND IN SECTION 11, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 93-52B-952-788 ( 6.) Motion was made by Councilmember reading Ordinanc Motion carried: by Councilm Cooke to p e #9664 as 6 Yeas; 0 ORDINANCE #9666 AN ORDINANCE AMENDING ZONING MAP OF THE CITY OF LUBBOCK MAKING 1750-F: A ZONING CHANGE FROM C-2A ON LOTS D, E, F, G AND H, SOUTHWES SUBJECT TO CONDITIONS; PROVIDING A AND PROVIDING FOR PUBLICATION. 93-52B-952-789 ( 7.) ember Patterson ass on second a recommended by Nays. T ORDINANCE NO. 7084 THE FOLLOWING CHANG TO C-2 SPECIFIC USE HAVEN ADDITION, L PENALTY; PROVIDING Motion was made by Councilm by Councilmember Cooke to p reading Ordinance #9666 as Motion carried: 6 Yeas; 0 ORDINANCE #9667 seconded nd final staff. AND THE OFFICIAL ES: ZONE CASE NO. ZONING FOR A MOTEL UBBOCK, TEXAS; A SAVINGS CLAUSE ember Patterson ass on second a recommended by Nays. AN ORDINANCE AMENDING ZONING ORDINANCE NO. MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING 2076-A; A ZONING CHANGE FROM C-3 TO C-3 SPECIFIC CELLULAR TELEPHONE TOWER ON A 40' X 40' PORTION AVENUE CO-OP ADDITION, LUBBOCK, TEXAS; PROVIDING SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilm by Councilmember Cooke to p reading Ordinance #9667 as Motion carried: 6 Yeas; 0 7084 AND CHANGES: ZO USE ZONING OF TRACT L, A PENALTY: , seconded nd final staff. THE OFFICIAL NE CASE NO. FOR A COLLEGE PROVIDING A ember Patterson ass on second a recommended by Nays. , seconded nd final staff. November 11, 1993 Page 953 93-52B-953-790 ( 8.) ORDINANCE #9668 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1565-E; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE ZONING FOR SELF STORAGE ON LOT B-2A, SOUTHWEST COMMERCIAL PARK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 93-52B-953-791 ( 9.) Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on second and final reading Ordinance #9668 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. ORDINANCE #9669 AN ORDINANCE AMENDING ZONING ORDINANCE 10. 1084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1598-G; A ZONING CHANGE FROM R-1 SPECIFIC USE FOR MOBILE HOME PARK TO R-1 SPECIFIC USE ZONING FOR RV STORAGE AND RV MOBILE HOME PARK AND C-4 ON A PORTION OF LOT 2, CAMELOT ADDITION, LUBBOCK, TEXAS: SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 93-52B-953-792 (10.) Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on second and final reading Ordinance #9669 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. ORDINANCE #9670 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2717: A ZONING CHANGE FROM T/R-1 TO C-3 SPECIFIC USE ZONING FOR A GARDEN CENTER ON A TRACT OF LAND OUT OF SECTION 1, BLOCK D-6, LUBBOCK, TEXAS: PROVIDING A PENALTY: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on second and final reading Ordinance #9670 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. November 11, 1993 Page 954 93-52B-954-793 (11.) ORDINANCE #9671 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1170-C; A ZONING CHANGE FROM C-2 TO C-3 ZONING ON A PORTION OUT OF TRACT D, CAPROCK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 93-52B-954-794 (12.) Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on second and final reading Ordinance #9671 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. RESOLUTION #4309 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 and all related documents by and between the City of Lubbock and Texas Tech University for a Professional Services Agreement for archaeological curation for the Lake Alan Henry Collection, which contract is attached hereto, 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 11th day of November, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Dan A. Hawkins Dan A. Hawkins Director of Water Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney November 11, 1993 Page 955 PROFESSIONAL SERVICES AGREEMENT THE STATE OF TEXAS § AGREEMENT FOR ARCHAEOLOGICAL CURATION COUNTY OF LUBBOCK § WHEREAS, the CITY OF LUBBOCK, hereinafter called "City," and TEXAS TECH UNIVERSITY, hereinafter called "University," desire to contract for curation services for the Lake Alan Henry Collection by the Museum of Texas Tech University; and WHEREAS, such ARCHAEOLOGICAL materials currently are being collected by Prewitt and Associates in Austin; and WHEREAS, it is desirable to have such a highly significant collection for this region permanently housed at a location within this region and nearer to the site of collection; and WHEREAS, the University, through its Museum and Department of Anthropology have the capability to provide proper curation services for such materials; NOW THEREFORE: WITNESSETH: 1) SERVICES OF UNIVERSITY. As is more fully set forth in the proposal by the University of February 3, 1993, a copy of which is attached hereto as Exhibit A and made a part hereof for all intents and purposes, the University hereby agrees to provide appropriate curation services meeting or exceeding the U.S. Department of the Interior Curation Guidelines, Corps of Engineers Curation Guidelines, and the Council of Texas Archaeologists Guidelines. Such services shall include, but not be limited to the following: Artifactual Specimen Curation - computerize and verify incoming inventory - accessioning the Collection - evaluating the different types of materials for their stability or conservation needs - recleaning materials if necessary - individually cataloging each specimen and cross checking each with the field data - packaging each individual specimen in state-of-the-art museum cabinetry - producing a specimen location inventory, and maintenance records. - computerizing the catalog, location inventory, and maintenance records. Those specimens needing stabilization work will be identified and have pretreatment documentation, recommended measures, and photodocumentation completed. Work during treatment will be documented. After stabilization, post -treatment documentation and photodocumentation will be completed. November 11, 1993 Page 956 Curation Work for Documentation - computerizing and verifying the incoming inventory - accessioning the materials - cross-indexing the materials with recorded sites - cross-checking the photodocumentation with the paper documentation - cataloging the photodocuments - interleaving the paper documentation with acid -free buffered tissue sheets - inserting each black & white photography or negative strip in polyethylene holders - inserting color slides in acid -free lignin-free holders - placing the paper documentation in acid -free lignin-free folders or envelopes - placing the photodocumentation in acid -free lignin-free boxes - installing the paper documentation in state-of-the-art vertical files or flat files - installing the photodocumentation in a controlled -environment refrigerated unit - producing a documents location inventory and maintenance record - computerizing the catalog, location inventory, and maintenance records. Curation Work for Geological Materials - computerizing and verifying the incoming inventory - accessioning the materials - cross-indexing the materials with recorded sites - cross-checking the materials with the field data - packaging the materials in appropriate archival materials - reboxing the materials in standardized archival boxes - installing the boxes in state-of-the-art museum shelving - producing a materials location inventory - computerizing the location inventory 2) PAYMENT FOR CURATION SERVICES. The City hereby agrees to pay the University a maximum of $72,539.00 for the performance of the services set forth herein and as is specified in detail in Exhibit A hereto. This amount shall control over any provision to the contrary contained in the proposal attached hereto as Exhibit A. November 11, 1993 Page 957 3) TRANSPORT OF COLLECTION. The collection is boxed and inventoried to University and will endeavor to insure receiving materials as soon as possibl agreement. e City will insure that the the specifications of the that the University begins after execution of this Executed this 11th day of November, 1993. TEXAS TECH UNIVERSITY: /s/ Dr. Eileen Johnson DR. EILEEN JOHNSON Curator of Anthropology CONCUR: /s/ Gary Edson Gary Edson Museum Director /s/ Dr. Robert M. Sweazy Dr. Robert M. Sweazy Vice Provost for Research CITY OF LUBBOCK: /s/ David R. Langston DAVID R. LANGSTON, Mayor ATTEST: /s/ Betty M. Johnson Betty M. Johnson City Secretary APPROVED AS TO CONTENT: /s/ Dan A. Hawkins Dan A. Hawkins Director of Water Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Federal and state law mandate that materials removed from the Lake Alan Henry site be sorted, catalogued, packaged, and stored in accordance with applicable standards. During 1992, the City of Lubbock, working with Freese and Nichols, negotiated with three museums for these required services, and one of those three museums includes the Texas Tech Museum. The City staff believed that it would be irr the City's best interest to have these archaeological materials stored locally. The cost of these services would be $72,539. The contract specifies that these curation services would meet or exceed all guidelines established by the U.S. Department of the Interior, the Corp of Engineers, and the Council of Texas Archaeologists. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4309 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 93-52B-957-795 (13.) BID #12512--Runway Paint Striping Machine (Fleet Services). STM Equipment, Arlington Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. November 11, 1993 Page 958 93-52B-958-796 (14.) BID #12695--Annual Pricing -Concrete (Street Department). Cement & Supply--200 If. 112 X 3 expansion joint material; 200 If. 112 X 3-1/2 expansion joint material; 200 If. 112 X 4 expansion joint material; 250 If. 112 X 6 expansion joint material; 200 ea. 30" curb & gutter expansion joint material; 600 cy. 3500 PSI 5-1/2 sack concrete; 500 cy. ground stabilizer caliche. Lubbock Building Products--600 cy. Class A 5-1/2 sack concrete; 800 cy. concrete Class A high early strength; 100 cy. concrete Class A Calcium Chloride; 1,200 cy. concrete Class C 4-112 sack: 100 cy. Class C early strength; 200 cy. condrete Class C Calcium Chloride; 200 cy. concrete Class A 6 sack; 200 cy. concrete Class A high early strength; 100 cy. concrete Class A Calcium Chloride; 300 cy. concrete Class B 5 sack; 300 cy. concrete Class B high early strength; 300 cy. concrete Class B Calcium Chloride. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. 93-52B-958-797 (15.) BID #12698--Annual Pricing - Big Three Industries--92 ea. liquid chlorine 150 lb. cylinder. Allied Colloids, Inc., Suffolk, VA--79,380 lb. Polymer, emulsion type liquid. Carus Chemical, LaSalle, IL--64,100 lb. Potassium Permanganate (bulk shipments). DPC Industries, Inc., Sweetwater-450 ea. liquid Chlorine 1 ton cylinders. Nova Chem., Inc., Little Rock, AR--32 tn. Potassium Permanganate 50 kg. drums. General Chemical Corp., Parsippany, NJ--70 tn. ground (dry) Aluminum Sulfate. American Norit Co., Inc., Atlanta, GA--220 tn. powdered activated carbon. Chemical Distribution, Inc., Farmington, NM--60 tn. Anhydrous Ammonia. Russ Chemical, Odessa--600 tn. Liquid Aluminum Sulfate (Alum). Van Waters & Rogers, Odessa--70 tn. Dry Ferric Sulfate. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. November 11, 1993 Page 959 93-52B-959-798 (16.) BID #12705--Automobiles and Light Trucks (Fleet Services). Shamrock Chevrolet--1 ea. small passenger van Spec 414: 1 ea. step van, one -ton Spec 416AB; 1 ea. cab & chassis, 14500 GVWR Spec 505AB: 1 ea. cab & chassis, 14,500 GVWR Spec 514AB. Scoggin-Dickey Chevrolet--33 ea. police sedan marked patrol 4 door Spec 201: 21 ea. pickup 112 ton full size Spec 307AB; 3 ea. pickup 112 ton 4X4 full size Spec 313AB: 2 ea. cab & chassis 3/4 ton long wheelbase Spec 315AB: 8 ea. pickup one ton long wheelbase Spec 318AB: 2 ea. pickup one ton long wheelbase Spec 321AB; 1 ea. cab & chassis one ton 4X4 Spec 322AB; 1 ea. van cargo one ton Spec 405AB: 1 ea. suburban 112 ton 4X4 Spec 408AB; 1 ea. cab & chassis one ton 4 x 4 dual wheels Spec 509; 1 ea. cab & chassis 14500 GVWR Spec 515 AB; 3 ea. step side pickup 112 ton Spec 304AB: 3 ea. step side pickup 112 ton Spec 304AB; 1 ea. cab & chassis single wheel Spec 309AB. John Roley's Auto Center, Littlefield--19 ea. Sedan 4 door intermediate Spec 101AB. Pollard Friendly Ford--3 ea. four wheel drive vehicle Spec 303AB; 1 ea. pickup 3/4 ton Spec 308. Smith Ford -Mercury, Slaton--1 ea. extended cab pickup 3/4 ton long wheelbase 4X4 Spec 327AB. Gene Messer Ford--11 ea. sedan 4 door full size Spec 102AB: 1 ea. pickup one ton 4X4 long wheelbase Spec 319AB: 2 ea. crewcab pickup one ton Spec 504. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize low bids meeting specifications. Motion carried: 6 Yeas; 0 Nays. November 11, 1993 Page 960 93-52B-960-799 (17.) BID #12723--Emergency Access Roads -Water Line Crossing, and authorize same (Aviation). RESOLUTION #4310 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 and all related documents by and between the City of Lubbock and Knox, Gailey, and Meador, Inc. of Lubbock, Texas to furnish and install all materials as bid for the Emergency Access Roads -Water Line crossing for the City of Lubbock, which contract is attached hereto, 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 11th day of November, 1993. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ David R. Langston DAVID R. LANGSTON, MAYOR THIS AGREEMENT, made and entered into this llth day of November, 1993 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Knox, Gailey, and Meador, Inc., of the City of Lubbock, County of Lubbock, 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. 12723--Emergency Access Roads Water Line Crossing (Aviation) in the amount of $40,390.00 November 11, 1993 Page 961 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: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: ATTEST: r Secretary /s/ David R. Langston Mayor APPROVED AS TO FORM: Knox, Gailey and Meador. Inc. CONTRACTOR By: TITLE: COMPLETE ADDRESS: Knox, Gailey and Meador, Inc. P.O. Box 5736 Lubbock, Texas 79417 Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4310 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. November 11, 1993 Page 962 93-52B-962-800 (18.) BID #12724--Concrete Repairs at Citibus, and authorize same (Citibus). RESOLUTION #4311 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 and all related documents by and between the City of Lubbock and Birchwood Construction of Levelland, Texas to furnish and install all materials as bid for the Concrete Repairs at Citibus for the City of Lubbock, which contract is attached hereto, 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 11th day of November, 1993. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ David R. Langston DAVID R. LANGSTON, MAYOR THIS AGREEMENT, made and entered into this 11th day of November, 1993 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Birchwood Construction of the City of Lubbock, County of Lubbock, 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. 12724--Concrete Repairs at Citibus (Citibus) in the amount of $19,998.00 November 11, 1993 Page 963 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: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: /s/ Anne Whitehouse ATTEST: Secretary /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Don Vandiver Birchwood Construction CONTRACTOR By: /s/ Name not Legible TITLE: President COMPLETE ADDRESS: Birchwood Construction P.O. Box 8241 Levelland, Texas 79338 Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4311 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 93-52B-963-801 (19.) BID #12725--Annual Pricing -Microfiche Services (Information Services). National Business Systems, Amarillo Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. 93-52B-963-802 (20.) BID #12728--Multi-Ratio Current Transformer (Electric Distribution). Wesco Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize low bid meeting specifications. Motion carried: 6 Yeas; 0 Nays. November 11, 1993 Page 964 93-52B-964-803 (21.) ORDINANCE #9665 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2161-C; A ZONING CHANGE FROM C-2, GO AND R-1 TO C-3 ZONING ON A 7 ACRE TRACT OF LAND OUT OF SECTION 13, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 93-52B-964-804 (22.) Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9665 as recommended by staff. Motion carried: 5 Yeas: 0 Nays; 1 Recused--Mayor Pro Tem Neugebauer. ORDINANCE #9673 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2661-B; A ZONING CHANGE FROM A-2 LIMITED TO CHURCH USES AND R-1 TO C-3 SPECIFIC USE ZONING FOR A SUPER K-MART CNETER ON A TRACT OF LAND OUT OF SECTION 3, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This public hearing was closed at the October 28, 1993 City Council meeting and, on request of the proponent, consideration of passage of the ordinance on first reading was continued. No additional public could be heard. Randy Henson gave additional staff comments and supported the recommendations of the Planning and Zoning Commission to approve first reading of the ordinance with conditions outlined in the October 28, 1993 City Council meeting minutes. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to uphold recommendations of P&Z, passing on first reading Ordinance #9673, with conditions recommended by P&Z and City staff, with the exception that curb cuts be allowed on 62nd Street. Motion carried: 6 Yeas; 0 Nays. November 11, 1993 Page 965 93-52B-965-805 (23.) ORDINANCE #9674 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1968-F; A ZONING CHANGE FROM GO TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON TRACT K-1-B, RUSHLAND PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This hearing was continued from the October 28, 1993 Regular City Council Meeting due to lack of a quorum. Councilmember Cooke recused from discussion and voting on this item. Mayor Langston opened the public hearing at 10:35 a.m. David Goyette appeared on behalf of Crescendo to present this request for zone change from GO to R-1 Specific Use. Mr. Goyette requested that Council table second reading of the ordinance until such time that the sale of the property is final. Randy Henson, Senior Planner, presented staff comments. Mr. Henson presented the adjacent land uses as follow: North - vacant - GO zone South - garden homes East - GO zoned, vacant West - drainage easement According to staff memo, the request is a small adjustment of the Comprehensive Land Use Plan, from the current office zoning to garden homes. The request is consistent with zoning policy, including the reduction side setback to 7 feet for bay windows. Also, the project will move a fence from the alley to 6th Street to combine these garden homes with a row of homes already built on 7th Street. The proposal will have little effect on traffic in the area. The Planning and Zoning Commission recommended approval of this request by vote of 8-0 subject to the following conditions: There will be a seven (7) foot setback allowed on the side property line to accommodate bay windows. Otherwise, the required setback will be ten (10) feet. 2. A six foot (or greater) screening fence will be permitted on the 6th Street property line. Staff supported the recommendation of the Planning and Zoning Commission. November 11, 1993 Page 966 93-52B-966-806 (24.) Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Ince to pass on first reading Ordinance #9674 with conditions recommended by P&Z and City staff and to table second reading of the ordinance until such time that the sale of the property is final. Motion carried: 6 Yeas; 0 Nays; 1 Recused--Councilmember Cooke. RESOLUTION #4312 A 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 Lots 1-70, and Tract A, Regal Park Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Code prior to the recording of the subdivision plat for the above -mentioned Addition, including the following streets: West half of Frankford Avenue, curb and gutter only, from the South end of radius of the alley return South of 86th Street to the North end of radius of 84th Street, known and designated as New Subdivision Sub -Unit Number 56 of Unit Number 2035. 84th Street from the West lip line of Frankford Avenue to the East lip line of Gardner Avenue, known and designated as New Subdivision Sub -Unit Number 57 of Unit Number 2035. 85th Street from the West back of curb of Frankford Avenue to the East back of curb of Homestead Avenue, known and designated as New Subdivision Sub -Unit Number 58 of Unit Number 2035. 86th Street from the West back of curb of Frankford Avenue to the East lip line of Genoa Avenue, known and designated as New Subdivision Sub -Unit Number 59 of Unit Number 2035. 86th Street from the West lip line of Genoa Avenue to the East back of curb of Homestead Avenue, known and designated as New Subdivision Sub -Unit Number 60 of Unit Number 2035. Genoa Avenue from the South end of radius of the alley return South of 86th Street to the South lip line of 85th Street, known and designated as New Subdivision Sub -Unit Number 61 of Unit Number 2035. The East half of Homestead Avenue from the South end of radius of the alley return South of 86th Street to the North end of radius of the alley return North of 85th Street, known and designated as New Subdivision Sub -Unit Number 62 of Unit Number 2035. Gardner Avenue from the North lip line of 85th Street to the North end of radius of 84th Street, known and designated as New Subdivision Sub -Unit Number 63 of Unit Number 2035. November 11, 1993 Page 967 WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues 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: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above - mentioned streets and avenues 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 the date of its passage. Passed by the City Council this 11th day of November, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Mayor Pro Tem Neugebauer recused and excused himself, from discussion and voting on this item. Larry Hoffman, Director of Transportation, presented staff comments. According to staff memo, this is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: The west half of Frankford Avenue, curb and gutter only, from the alley south of 86th Street to 84th Street. 84th Street from Frankford Avenue to Gardner Avenue. 85th Street from Frankford Avenue to Homestead Avenue. 86th Street from Frankford Avenue to Genoa Avenue. 86th Street from Genoa Avenue to Homestead Avenue. Genoa Avenue from the alley south of 86th Street to 85th Street. November 11, 1993 Page 968 93-52B-968-807 (25.) The east half of Homestead Avenue from the alley south of 86th Street to the alley north of 85th Street. Gardner Avenue from 85th Street to 84th Street. There is no City cost due the contractor upon this acceptance. The developer hired a separate contractor to construct the alley paving improvements. The alley paving will be accepted by a separate resolution. Staff recommended acceptance of these paving improvements. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4312 as recommended by staff. Motion carried: 5 Yeas; 0 Nays; 1 recused--Mayor Pro Tem Neugebauer. RESOLUTION #4313 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS 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 Lots 1-70 and Tract A, Regal Park Addition, made arrangements with Hub City Pavers, Inc. for the construction of paving improvements on certain alleys dedicated in said subdivision under the provisions of said Code prior to the recording of the subdivision plat of the above -mentioned Addition including the following alleys: The East-West alley South of 86th Street from Frankford Avenue to Homestead Avenue, known and designated as New Subdivision Sub Unit Number 06 of Unit Number 2036. The East-West alley South of 85th Street from Frankford Avenue to Homestead Avenue, known and designated as New Subdivision Sub Unit Number 07 of Unit Number 2036. The Tee alley between Gardner Avenue and Frankford Avenue and between 84th Street and 85th Street, known and designated as New Subdivision Sub Unit Number 08 of Unit Number 2036. The North-South/East-West alley North of 85th Street from 85th Street to Homestead Avenue, known and designated as New Subdivision Sub Unit Number 09 of Unit Number 2036. WHEREAS, the construction of the above improvements on the above - mentioned alleys 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: November 11, 1993 Page 969 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above - mentioned alleys 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 the date of its passage. Passed by the City Council this 11th day of November, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Mayor Pro Tem Neugebauer recused and excused himself from discussion and voting on this item. Larry Hoffman, Director of Transportation, presented staff comments. According to staff memo, this is a routine acceptance of alley paving improvements required at the time of platting this new subdivision. These improvements consist of alley paving on: The east -west alley south of 86th Street from Frankford Avenue to Homestead Avenue. The east -west alley south of 85th Street from Frankford Avenue to Homestead Avenue. The Tee alley between Gardner Avenue and Frankford Avenue and between 84th Street and 85th Street. The north-south/east-west alley north of 85th Street from 85th Street to Homestead Avenue. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4313 as recommended by staff. Motion carried: 6 Yeas: 0 Nays. November 11, 1993 Page 970 93-52B-970-808 (26.) RESOLUTION #4314 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 Engineering Services Agreement, and all related documents by and between the City of Lubbock and Hugo Reed and Associates, Inc., to produce plans, specifications and contract documents for the construction of 66th Street from Chicago Avenue to Slide Road, attached hereto, 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 llth day of November, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Engineering Services Agreement between the City of Lubbock and Hugo Reed and Associates, Inc. is filed with Resolution No. 4314. Mayor Pro Tem Neugebauer recused and excused himself from discussion and voting on this item. Larry Hertel, City Engineer, presented staff comments. This collector street paving of 66th Street - 69th Street from Chicago Avenue to Slide Road was included in the 1993 Bond Election and is an approved project in the 1993-94 Capital Projects Budget. This is one of three paving projects being considered for assistance by private engineering firms to prepare the projects for bid. According to staff memo, private engineering assistance is being considered on selected projects so that construction may begin as soon as possible and because of the number of paving projects in the approved list of Capital Projects and the number of staff available to prepare these projects for bid in an acceptable timeframe. November 11, 1993 Page 971 The other two projects currently being considered for private engineering assistance are Frankford Avenue from 66th Street to 82nd Street and East 19th Street from Ute Avenue to East Loop 289. An agreement for engineering services on Frankford Avenue with Parkhill, Smith & Cooper, Inc., was approved by Council at the October 28, 1993 Council meeting. Selection of these three engineering firms began in early September. At that time, only these three firms had returned their questionnaires to the Purchasing Department with adequate qualifications for consideration for these paving projects. Negotiations began with the three firms in the latter part of September. Hugo Reed and Associates (HRA) was selected for consideration on this project because of their surveying capability and their knowledge of the property involved with this roadway. HRA has prepared many subdivision plats in this area and is currently working with a developer in plat preparation for property adjacent to a portion of this proposed collector street. The agreement negotiated with HRA is to pay for the actual amount of work they perform on an hourly basis with a "not to exceed" amount of total compensation. This "not to exceed" amount will not be increased unless specific authorization for additional services is given HRA. In this particular agreement, there will be a "not to exceed" amount of total compensation for basic engineering services and a "not to exceed" amount for additional services. Basic services are those standard tasks necessary to perform engineering for a construction project. The additional services proposed for this agreement are primarily for surveying needed to delineate and acquire right-of- way for the new roadway. Some utility coordination tasks were included in additional services because of the new roadway alignment. The "not to exceed" amounts negotiated with HRA are $46,907.60 for basic services and $31,072.13 for additional services in this agreement. The tasks and estimated man-hours to accomplish this project were reviewed and negotiated with staff. As a guide, the "Professional Engineering Services" publication from the Consulting Engineers Council of Texas and the Texas Society of Professional Engineers indicated a range from 13.5 percent to 18.5 percent of the estimated construction cost as appropriate compensation for the basic engineering services on a project of this size. The negotiated "not to exceed" amount for basic services in this agreement equals 15.2 percent. The services to be performed by HRA include: November 11, 1993 Page 972 Basic Services Prepare alignment alternatives; meet with City staff and affected landowners; confirm final alignment; prepare plan profile sheets; establish vertical alignment; preliminary estimates; prepare final plans and specifications for construction; prepare stormwater pollution prevention plan; provide reproducible mylar plan sheets; participate in pre -bid process; participate in pre - construction conference; and make periodic site visits. Additional Services Perform boundary survey to establish new right-of-way line; locate improvements to establish horizontal relationships; perform topograhic survey to establish vertical relationships; prepare plat and/or maps to show new right-of-way; prepare metes and bounds descriptions and maps to show right-of- way needed; and coordination and mapping efforts for utility relocation or adjustment needed in the new right-of-way corridor. The engineering services to be performed by HRA are scheduled to allow for bids by August, 1994. It was recommended that the City perform all construction surveying, day-to-day inspection and materials testing. Should additional assistance be needed in any of these tasks, additional expenses will result. The additional services of a Resident Project Representative from HRA are not expected or proposed. Staff recommended approval of this resolution and agreement for engineering services. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4314 as recommended by staff. Motion carried: 5 Yeas; 0 Nays; 1 recused--Mayor Pro Tem Neugebauer. November 11, 1993 Page 973 93-52B-973-809 (27.) RESOLUTION #4315 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 Engineering Services Agreement, and all related documents by and between the City of Lubbock and 011er Engineering, Inc., for engineering services for widening the existing paved surfaces of East 19th Street from Ute Avenue to East Loop 289, attached hereto, 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 11th day of November, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Engineering Services Agreement between the City of Lubbock and 011er Engineering is filed with Resolution No. 4315. Strip paving this portion of East 19th Street from Ute Avenue to East Loop 289 was included in the 1993 Bond Election and is an approved project in the 1993-94 Capital Projects Budget. This is one of three paving projects being considered for assistance by private engineering firms to prepare the projects for bid. November 11, 1993 Page 974 011er Engineering, Inc., (OEI) was selected for consideration on this project. The staff has not had previous experience with OEI performing engineering services on street paving projects. However, OEI is currently performing engineering services on paving improvements on an airport project. Their response to the Purchasing Department questionnaire indicates OEI has adequate experience, qualifications and personnel to perform the engineering services for this project. This project has the least estimate of construction cost of the three projects utilizing private engineering assistance. The agreement negotiated with OEI is to pay for the actual amount of work they perform on a hourly basis with a "not to exceed" amount of total compensation. This "not to exceed" amount will not be increased unless specific authorization for additional services is given OEI. The "not to exceed" amount for these engineering services is $44,400.00. The tasks and estimated man-hours to accomplish this project were reviewed and negotiated with staff. As a guide, the "Professional Engineering Services" publication from the Consulting Engineers Council of Texas and the Texas Society of Professional Engineers indicated a range from 13.7 percent to 19.5 percent of the estimated construction cost should be appropriate compensation for the basic engineering services on a project of this size. The negotiated "not to exceed" amount for basic services in this agreement equals 16.3 percent of the estimated construction cost. The services to be performed by OEI include: Prepare preliminary design drawings and specifications; coordinate utility relocation and adjustments necessary for the project; prepare cost estimates; design of horizontal and vertical alignments; preparation of final plans and specifications for construction; prepare stormwater pollution prevention plan; prepare proposal and bid documents; participate in pre -bid conference, evaluation of bids and preconstruction conference; provide periodic site inspections; and prepare and furnish City record drawings on reproducible mylar plan sheets. The engineering services to be performed by OEI are scheduled to allow for bids by May, 1994. It was recommended that the City perform all construction surveying, day-to-day inspection and materials testing. Should the City need additional assistance in any of these tasks, additional expense will result. The additional services of a Resident Project Representative from OEI are not expected or proposed. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4315 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. November 11, 1993 Page 975 93-52B-975-810 (28.) RESOLUTION #4316 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 Supplement Agreement No. 2 to an Agreement between the City of Lubbock and HDR Engineering, Inc. for Professional Engineering Services for the Railroad Relocation for the East-West Freeway Project, 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 11th day of November, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of Supplement Agreement No. 2 to an Agreement between the City of Lubbock and HDR Engineering, Inc. for Professional Engineering Services is filed with Resolution No. 4316. The original Agreement between the City of Lubbock and HDR, Engineering, Inc. (HDR) for this project is dated July 8, 1991. The scope of work and compensation for the original agreement were based on the assumption that HDR and their subcontractors (Parkhill, Smith and Cooper and Hicks and Company) would be preparing an Environmental Assessment (EA) for the project. Also, the original agreement stated that HDR would participate in two public meetings for the railroad relocation. In October, 1991, the City was notified by the Texas Department of Transportation (TxDOT) that in addition to the EA, a Draft Environmental Impact Statement and a Final Environmental Impact Statement would be required for the project. In addition, TxDOT decided to hold a third public meeting regarding the east -west freeway and the railroad relocation. TxDOT requested HDR's participation in this third public meeting to handle the portion of the project regarding the railroad relocation. The involvement in the third public meeting and the preparation of the Environmental Impact Statement were the bases for Supplemental Agreement No. 1. November 11, 1993 Page 976 Supplemental Agreement No. 2 reflects the changes in the scope of work, schedule, and costs to complete the environmental process for this project. The revisions to the environmental scope of work are as follows: Additional project management time to cover the extension of the Supplemental Agreement No. 1 Schedule from 23 months to 35 months. Additional review and coordination time, additional time to respond to comments and additional time for Final Environmental Impact Statement (FEIS) preparation to cover three submittals of the Draft Environmental Impact Statement (DEIS) and two submittals of the FEIS. Additional coordination time with TxDOT, Federal Highway Administration (FHWA) and the Interstate Commerce Commission (ICC). Completion of the Cultural Resources Survey. Alignment changes and fatal flaw analyses of these changes near Reese Village and near the future intersection of Brownfield Road and Milwaukee Avenue after the analyses of environmental impacts for these segments. Review of alignment near Reese Village and Post Mont Acres, as a result of input received at the public hearing, including a City Council Work session to be held on December 9, 1993. Below is a summary of the increased monetary compensation included in the contract for the original agreement, Supplemental Agreement No. 1, and Proposed Supplemental Agreement No. 2. Supplemental Original Agreement HDR $290,558 PSC $ 84,526 Hicks $117,265 & Co. TOTAL $492,349 Supplemental Agreement Agreement No. 1 No. 2 $323,704 $390,467 $ 91,771 $ 91,771 $214,216 $282,355 $629,691 $764,593 November 11, 1993 Page 977 The difference in contract cost between Supplemental Agreement No. 2 and Supplemental Agreement No. 1 is $134,902. Of this total amount, $45,509 is for additional work performed within the basic scope of work included in Supplemental Agreement No. 1. The remaining portion of the cost increase ($134,902 - $45,509 = $89,393) is for work required to complete the environmental process. If the decision is ultimately made not to relocate the railroad, it will not be necessary to spend the $89,393 to complete the environmental process. TxDOT pays for 90 percent of the above cost; the City of Lubbock pays for the remaining 10 percent of the cost. The City's share of the cost is available from two sources: 1987 General Obligation Bond Issue of $2.6 million and the issuance of $3.8 million in Certificates of Obligation in 1989. Supplemental Agreement No. 2 reflects a one-year extension to the project schedule. The extended schedule calls for the completion of the environmental process in May 1994. Existing agreements between the City and TxDOT and between the City and the Railroad require that all agreements for engineering services for this project be approved by TxDOT and the Railroad. TxDOT and the Railroad have both reviewed the Proposed Supplemental Agreement No. 2 and concur with its contents. Staff recommended approval. ( Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4316 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. November 11, 1993 Page 978 93-52B-978-811 (29.) RESOLUTION #4317 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 document entitled "Multiple Use Agreement" with the Texas Department of Transportation, 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 11th day of November, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Multiple Use Agreement between the City of Lubbock and the Texas Department of Transportation is filed with Resolution No. 4317. This resolution authorizes the Mayor to sign a Multiple Use Agreement with the Texas Department of Transportation which will allow Citibus to place six bus shelters on State of Texas Highway right-of-way. They require this agreement when a private or public business wants to utilize a portion of the right-of- way for an encroachment. The six locations of these Citibus shelter pad sites are as follows: 1. 2001 4th Street 2. 2001 19th Street 3. 3119 Avenue Q 4. 2602 4th Street 5. 2719 I-27 6. 3820 I-27 November 11, 1993 Page 979 93-52B-979-812 (30.) This Agreement is similar to the City's Street -Use License that is issued for use of the City right-of- way and contains much of the same requirements. The State agreement discusses the use of the right-of- way, construction, responsibilities of each party, indemnification clause, diagram of the bus shelters, and legal descriptions of the right-of-way utilized. Once signed, this agreement will allow the bus shelters (which measure approximately 6-feet by 12- feet) to remain at these six locations for Citibus patrons. The Right -of -Way Department recommended the execution of this agreement. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Neugebauer to authorize Resolution #4317 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. ORDINANCE #9675 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF BOSTON BOULEVARD LOCATED IN 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 TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Pro Tem Neugebauer recused and excused himself from discussion and voting on this item. David Goyette of Hugo Reed, who represents the proponents, presented this request to Council and discussed the closures, the development and platting of the area, and street dedication. This ordinance reading closes a portion of Boston Boulevard just south of 82nd Street. This area being closed is approximately 596.50 feet long by 40 feet wide and contains 23,860 sq. ft. The area is being closed for platting and development purposes. The closure ordinance states that unless the proponent of the closure is the original dedicator of the street/alley/easement area being closed, they must be charged for this area at an appraised value unless they dedicate street/alley/easement areas to offset the area being closed. In this case, the proponent of this closure, Lubbock Land Company, was not the original dedicator of this street and must be charged for the street being closed unless they dedicate simultaneously new street areas. They plan to dedicate a 20-foot by 596.50 foot strip to join with the east part of Boston Boulevard to create a future 60-foot wide street. The area being dedicated is 11,930 sq. ft. The Lubbock County Appraisal District valued this property at $8,711.60 per acre or 20� per sq. ft. The proponent is dedicating 11,930 sq. ft. so 23,860 sq. ft. minus 11,930 sq. ft. = 11,930 sq. ft. x 20� _ $2,386 due the City. All utilities are in agreement with this closure, and the plat will be submitted prior to second reading of the ordinance. The Right -of -Way Department recommended approval on first reading of this ordinance. November 11, 1993 Page 980 93-52B-980-813 (31.) Mr. Goyette requested that Council take into consideration the fact that the developer is dedicating much more land than is required; therefore, he requested that the $2,386 due to the City be waived. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance #9675 with $2,386 due to the City as recommended by staff. Motion carried: 6 Yeas; 0 Nays. RESOLUTION #4318 WHEREAS, the area known as Kings Park is a 32.6 acre neighborhood park located at 78th Street and Orlando Avenue, Kings Park Addition, City of Lubbock, Texas, and which provides outdoor activities such as playgrounds, picnic areas and security lighting; and WHEREAS, the City of Lubbock Parks and Recreation Board and the City Council wish to name parks after individuals who have made a lifetime contribution to improve the quality of life for all of Lubbock's citizens; and WHEREAS, the Parks and Recreation Board has recommended to the City Council that the above neighborhood park be named after the following individual: Clifford H. Andrews BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the area known as Kings Park shall hereby be named Clifford H. Andrews Park honorning Clifford H. Andrews. Passed by the City Council this the llth day of November, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ James E. Bertram James E. Bertram, Assistant City Manager for Development Services APPROVED AS TO FORM: /s/ Harold Willard Harold Willard Assistant City Attorney The City of Lubbock policy for naming parks requires that the Park and Recreation Board submit three names for consideration to the City Council. Preference is given to names of local or regional significance. November 11, 1993 Page 981 In an effort to reduce flooding problems in the Leroy Elmore Park area, the City Council passed Resolution #2651 on October 7, 1987. The resolution pertained to a drainage easement that exits the playa to the south through what is currently the Kings Park Addition. The City paid $141,000 for the drainage easement with an auxiliary agreement that $110,000 be escrowed by the grantor, in an interest bearing account to be used exclusively for the development of a park area in that Addition. Lubbock Development, Inc. assumed the responsibilities of the Grantor and worked with the Parks and Recreation Department on the project. Upon completion of the park development, it was agreed that the area was to be dedicated as a park and maintained by the City. Due to the park area hosting a portion of a playa lake, a proposal was agreed to that Graco Real Estate Development (Randy Andrews) would dedicate the remaining portion of the playa lake and surrounding property to the City in conjunction with the original agreement. In addition, Graco was to pay for park improvements consistent with the development of the adjoining property. At the April 27, 1993 Park Board meeting, Henry Huneke of LDI and Randy Andrews presented a request to jointly dedicate the newly developed park area to City of Lubbock. At this time, Mr. Andrews also asked board members to consider and recommend to City Council that the newly developed park be named after his deceased father, Clifford H. Andrews. It was recommended that the site be accepted by the City and that consideration be given to Mr. Andrews' name request. Demographics of the neighborhood surrounding the park are as follow: On July 20, 1993 the Park Board accepted the dedicated park land area as it had been developed in, accordance with the auxiliary agreement in the drainage easement, and conditions for development were fulfilled. A committee was established to come up with park name candidates. This subcommittee met on September 23, 1993 to discuss criteria and discuss with staff input regarding park names. The names considered were as follow: Clifford H. Andrews, Roy Bass, J. Ray Dickey, Roy Furr, and W.B. "Jigg" Holden Jr. On September 28, 1993 the subcommittee submitted their list of park name candidates to the Park Board. The subcommittee recommended to the Park Board that they highly consider the name of Clifford H. Andrews for the Kings Park area park site. The Park Board unanimously voted to recommend to the City Council the names provided and encouraged that the name of Clifford H. Andrews be selected for the Kings Park park. Staff recommended approval. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Cooke to authorize Resolution #4318 naming Kings Park park after Clifford H. Andrews as recommended by the Parks Board and City staff. Motion carried: 6 Yeas; 0 Nays. November 11, 1993 Page 982 93-52B-982-814 (32.) RESOLUTION #4319 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 Interlocal Contract Amendment No.1, Contract #3100000042, and all related documents by and between the City of Lubbock and Texas Natural Resource Conservation Commission for the Clean City 2000 Recycling Implementation Contract, attached hereto, 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 11th day of November, 1993. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Lee Ramirez Lee Ramirez, Solid Waste Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney STATE OF TEXAS § COUNTY OF TRAVIS § /s/ David R. Langston DAVID R. LANGSTON, MAYOR INTERLOCAL CONTRACT AMENDMENT NO. 1 Both parties to Contract Number 3100000042, the City of Lubbock (PERFORMING PARTY) and the Texas Natural Resource Conservation Commission (RECEIVING AGENCY), agreeing that; WHEREAS, the services provided by the PERFORMING PARTY under this Contract are an important part of the TNRCC's waste reduction/recycling implementation program; and WHEREAS, it is recognized that the expenditure of funds for purchases, or other activities, identified in Attachment E of this Contract, may be reasonable and proper in order to carry out the overall objectives of this Grant Agreement; November 11, 1993 Page 983 NOW THEREFORE, agree to amend Contract Number 3100000042 as follows, on the stated terms and conditions: 1. Paragraph E, of Attachment A, Section VIII (relating to Transfer of Grant Funds) of the Contract, is amended to read as follows: E. The TNRCC cannot transfer funds for expenses incurred after December 31, 1993. 2. All references, in this Contract, to either the "Texas Water Commission" or to "TWU shall, after September 1, 1993, be construed to mean the Texas Natural Resource Conservation Commission (TNRCC). All other conditions and requirements of Contract Number 3100000042 remain unchanged. RECEIVING AGENCY Texas Natural Resource Conservation Commission By: (Signature Name an it e ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Lee Ramirez Lee Ramirez, Solid Waste Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney PERFORMING PARTY City of Lubbock /s/ David R. Langston David R. Langston, Mayor Date: November 11, 1993 Consideration and approval was given by City Council during their November 12, 1992 Work Session for the City of Lubbock to enter into an interlocal contract with the Texas Natural Resources Conservation Commission, formerly Texas Water Commission. This contract allows the City of Lubbock to be the performing party for the Clean Cities 2000 grant. The grant is part of the TNRCC Clean Cities 2000 Program whose purpose is to develop environmental partnerships with local government to create, promote and support comprehensive environmental programs at the local level across the State of Texas. November 11, 1993 Page 984 93-52B-984-815 (33.) The interlocal contract executed on November 23, 1992 expired on September 30, 1993. This new interlocal contract amends Paragraph E of Attachment A, Section VIII (relating to Transfer of Grant Funds) of the Contract, to extend transfer of funds incurred for the grant until December 31, 1993. The second change in the interlocal contract is made in reference to the name change of the Texas Water Commission. On September 1, 1993, the Texas Water Commission was changed to the Texas Natural Resource Conservation Commission. All references in the contract to TWC will now be construed to mean TNRCC. All other conditions and requirements of the contract remain unchanged. Staff recommended that Council authorize the Mayor to execute an amended Interlocal Contract amendment between the City of Lubbock and the Texas Natural Resource Conservation Commission for the Clean Cities 2000 Grant. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #4319 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. RESOLUTION #4320 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 Grant Application and associated subsequent documents for library literacy projects by and between the City of Lubbock and U.S. Department of Education, which Grant Application 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 llth day of November, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson City Secretary APPROVED AS TO CONTENT: /s/ J. Robert Massengale Robert Massengale Assistant City Manager for Financial Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver First Assistant City Attorney November 11, 1993 Page 985 A copy of the Grant City of Lubbock and Resolution No. 4320. 93-52B-985-816 (34.) 93-52B-985-817 L.. (35.) 93-52B-985-818 (36.) 93-52B-985-819 (37.) Application for Library Literacy Project between the U.S. Department of Education is filed with This resolution authorizes the Library to apply for Literacy Program funds from the U. S. Department of Education. The purpose of the grant is to fund the Library's "Read to Achieve" project. Grant funds in the amount of $33,399 will be used between October 1, 1994 and September 30, 1995. Deadline for the grant application is November 19, 1993; it will be forwarded to the U. S. Department of Education to meet the deadline, and SPAG review will follow. The Texas State Library will conduct review of the program for conformity with the State plan for long-range library development. Council authorization would allow this grant application to proceed. Staff recommended approval. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to authorize Resolution #4320 as recommended by staff. Motion carried: 6 Yeas: 0 Nays. Hold an executive session, in accordance with Article 6252-17, Sec. 2(g). VATS, to discuss personnel matters (City Secretary and City Attorney). Hold an Executive Session, in accordance with Article 6252-17, Sec. 2(g), VATS, to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Keep Lubbock Beautiful Advisory Committee Lubbock MHMR Public Responsibility Committee Neighborhood Revelopment-Urban Renewal -Southwest Lubbock Development Corporation Housing Standards Commission Lubbock Housing Authority Board Lubbock Housing Finance Corporation Lubbock Libraries Board November 11, 1993 Page 986 93-52B-986-820 (38.) 93-52B-986-821 (39.) 93-52B-986-822 (40.) 93-52B-986-823 (41.) 93-52B-986-824 (42.) Motion was made by Councilmember Patterson, seconded by Councilmember Ince to appoint Kelly Marble to fill the unexpired term of Charles Johnson on the Keep Lubbock Beautiful Advisory Committee. Motion carried: 5 Yeas; 0 Nays--Councilmember Hernandez absent from the Council Chambers. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to appoint Irma Guerrero to the Lubbock MHMR Public Responsibility Committee. Motion carried: 5 Yeas; 0 Nays--Councilmember Hernandez absent from the Council Chambers. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to reappoint Ron Childress and Albert Lincoln and to appoint Robert Jones and Sue Dickson to the Neighborhood Redevelopment -Urban Renewal -Southeast Lubbock Development Corporation. Motion carried: 5 Yeas; 0 Nays--Councilmember Hernandez absent from the Council Chambers. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to reappoint Sally Devita and to appoint Kay Key to the Housing Standards Commission. Motion carried: 5 Yeas; 0 Nays-- Councilmember Hernandez absent from the Council Chambers. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to hold appointments to the Lubbock Housing Authority Board. Motion carried: 5 Yeas; 0 Nays--Councilmember Hernandez absent from the Council Chambers. November 11, 1993 Page 987 93-52B-987-825 (43.) 93-52B-987-826 (44.) Motion was made by Councilmember Patterson, seconded by Councilmember Ince to hold appointments to the Lubbock Housing Finance Corporation. Motion carried: 5 Yeas; 0 Nays--Councilmember Hernandez absent from the Council Chambers. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to appoint Jane Wade to the Lubbock Libraries Board. Motion carried: 5 Yeas; 0 Nays--Councilmember Hernandez absent from the Council Chambers. There being no further business co by Councilmember Patterson, sec ded by the meeting at 4:20 p.m. Motion carried Hernandez absent from the Council.Chambe ATTEST: Ltt' a COL etty M. o ns City Secretary Read and approved this the 18th da, ATTEST: ettyOM-' JohnsQ, CityJohns Secretary fore Council, motion cilmember Cooke to LYeas- Nay -Cou was made ad.iourn