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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/10/1994FEBRUARY 10, 1994 Page 59 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING FEBRUARY 10, 1994 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the loth day of February 1994 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M. Present: Mayor David R Langston, Mayor Pro Tem Randy Neugebauer, Councilmember Victor Hernandez, Councilmember T. J. Patterson, Councilmember M. J. Aderton, Councilmember Max L. Ince, Councilmember Alex Cooke, City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary Betty M. Johnson. Mayor Langston called the meeting to order at 11:25 A.M. ( 1.) The Invocation was given by City Attorney John C. Ross, Jr. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Board Appointments. ( 4.) Request by Richard Webb for special garbage handling for Lots 1-8. Villas of Country Place Addition. Larry Hertel, City Engineer, presented the request of Mr. Webb along with staff comments. Section 25-6q of the Code (Subdivision Regulations) states garbage collection will be consistent with Section 23-50 unless an alternative is approved by Council. Section 23-50 designates typical locations for containers. The developers of this new subdivision are requesting special garbage handling for the future owners of these lots. The request is to place the dumpsters serving these lots in the east -west alley south of this new subdivision rather than directly behind the lots being platted. The concerns of staff were: Agreement of the three property owners south of the east -west alley where additional dumpsters will be set to service this new subdivision. The three owners indicated in writing no objection to the dumpsters. 2. Access to the alley having dumpsters for the owners in the new subdivision. The developers have indicated that there will not be a solid wall along the alley so the residents will have access to the dumpsters in the east -west alley. 3. Awareness of homeowners within the new subdivision of the special garbage handling requirements. The developer has included, as an amendment to the restrictions for this subdivision, the following wording: "All garbage shall be placed in dumpsters located in the east -west alley that borders the addition on the south side". FEBRUARY 10, 1994 Page 60 Since the developers have addressed the previous listed concerns, the staff supports approval of this request. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to approve request for special garbage handling for Lot 1-8, Villas of Country Place Addition, with the provision that the plat be refiled. Motion carried: 7 Yeas; 0 Nays. ( 5.) Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve the minutes of the January 27, 1994, Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 6.) ORDINANCE #9683--Abandoning and closing a portion of a drainage easement located in Section 15, Block E-2 (9209 Slide Road). ORDINANCE #9683 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A DRAINAGE EASEMENT LOCATED IN SECTION 15, BLOCK E-2, 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 PUBLICA- TION. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9683 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 7.) ORDINANCE #9684--Abandoning and closing a portion of 94th Street located in Section 9, Block E (2302 94th Street). ORDINANCE #9684 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF 94TH STREET, LOCATED IN SECTION 9, BLOCK E, BICENTENNIAL ESTATES, 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 TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9684 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 8.) ORDINANCE #9686--Abandoning and closing a 60-foot wide street dedication located in Section 1, Block D-4 (North Avenue P and FM Highway 2641). ORDINANCE #9686 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A STREET, IN SECTION 1, BLOCK D-4, 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 FEBRUARY 10, 1994 Page 61 CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9686 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 9.) ORDINANCE #9682--Zone Case No. 2720 (5801 8th Street)--Renuest of Blas J. Gomez (for Lubbock Seventh-Day Adventist Church) for a zoning change from R-1 to A-2 for church and church related uses on Lot A. Travis Tubbs Addition and a portion of Section 9, Block JS (5801 8th Street). ORDINANCE #9682 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2720; A ZONING CHANGE FROM R-1 TO A-2 ZONING, FOR A CHURCH AND CHURCH RELATED USES ON LOT A, TRAVIS TUBBS ADDITION AND A PORTION OF SECTION 9, BLOCK JS, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9682 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (10.) ORDINANCE #9687--Establishing the date of the 1994 City of Lubbock Regular Municipal Election. bNow ORDINANCE #9687 AN ORDINANCE ESTABLISHING THE DATE OF THE 1994 REGULAR MUNICIPAL ELECTION OF THE CITY OF LUBBOCK; AUTHORIZING THE MAYOR TO ORDER THE 1994 REGULAR MUNICIPAL ELECTION OF THE CITY OF LUBBOCK; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9687 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (11.) Consider Resolution #4374 accepting paving improvements constructed by Williams and Peters Construction Co., for Tract "A." MHMR Addition. City of Lubbock Bid No. 12722. RESOLUTION #4374 A RESOLUTION ACCEPTING STREET IMPROVEMENTS AS LISTED BELOW: WHEREAS, the City of Lubbock has heretofore entered into a Contract with Williams & Peters Construction Company, Inc. for the construction of street improvements on a certain street including the following street: Aspen Avenue Paving Improvements WHEREAS, the construction of the above improvements on the above -mentioned street was performed under the supervision of the City Engineer, and said improvement FEBRUARY 10, 1994 Page 62 has been completed and has been inspected and found to have been constructed in accordance with said Contract, Bid Number 12722; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvement on said portion of the above -mentioned street BE and the same is hereby accepted and the City Engineer BE and he is hereby authorized to direct the final payment to the Contractor in the amount $5,403.83. 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 10th day of February, 1994 /s/ David R. Lan sg, ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney This is a routine acceptance of paving improvements consisting of strip paving on WON Aspen Avenue from East 19th Street to the north line of NIHMR Addition, Tract A. This paving was part of the Economic Incentive Program provided by LP&L. The estimated contract was $108,473. The final contract amount is $108,076.55, which is under the original estimate by $396.45 (0.40 percent). Upon this acceptance the final payment of $5,403.83 will be due the contractor. This project was constructing strip paving improvements for access to the new MIEIl 4 t site. Staff recommended acceptance of these paving improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4374 as recommended by staff Motion carried: 7 Yeas.- 0 Nays. (12.) Consider Resolution #4375 authorizing the Mayor to sign a Quitclaim Deed in favor of Lubbock County (North Avenue P and FM Highway 2641). RESOLUTION #4375 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of Lubbock County attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. FEBRUARY 10, 1994 Page 63 Passed by the City Council this 10th day of February, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney This resolution quitclaims the area being abandoned and closed in Ordinance 9686 to Lubbock County. Lubbock County has requested a deed to clean up the title. The Right -of -Way Department recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4375 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (13.) Consider Resolution #4376 authorizing acceptance of water and sanitary sewer improvements for Lots 894-915, Lakeridge Country Club Estates. RESOLUTION #4376 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 894 THROUGH 915, LAKERIDGE COUNTRY CLUB ESTATES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 894 through 915, Lakeridge Country Club Estates Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $22,566.22, with the improvements constructed by Utility Contractors of America having a value of $15,838.89, as determined by the unit prices established by said Chapter 28 and $6,727.33 cash paid to the City, which amount includes $6,365.41 for adjacent lines with Lakeridge Country Club Estates, the developer, to receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. FEBRUARY 10, 1994 Page 64 SECTION 2. THAT the refundable cost in the amount of $0.00 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 10th day of February, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy, Senior Water Utilities Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $22,566.22 including value of construction costs of $15,838.89 and $6,727.37 ` cash paid to the City of Lubbock, which includes $6,365.41 for adjacent lines. There is no refund of deposit. Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4376 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (14.) Consider Resolution #4377 authorizing acceptance of water and sewer improvements for Tract D, Sundowner Addition. RESOLUTION #4377 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACT "D", SUNDOWNER ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract "D", Sundowner Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $21,600.11, with the improvements constructed by Hunter Construction having a value of $15,312.45, as determined by the unit prices established by said Chapter 28 and $6,287.66 cash paid to the City, which amount includes $5,932.39 for adjacent lines with Lubbock Housing Authority, the developer, to receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and FEBRUARY 10, 1994 Page 65 WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $0.00 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 10th day of February, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy, Senior Water Utilities Engineer APPROVED AS TO FORM: ` w /s/ Harold Willard Harold Willard, Assistant City Attorney This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $21,600.11 including value of construction costs of $15,312.54 and $6,287.66 cash paid to the City of Lubbock, which includes $5,932.39 for adjacent lines. There is no refund of deposit. Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4377 as recommended by staff. Motion carried: 7 Yeas.- 0 Nays. (15.) BID #12808--Tech Terrace Jogging Track, and authorize same (Park Development). RESOLUTION #4378 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 Beale Construction, Inc., of Lubbock to furnish and install all materials as bid for the Tech Terrace Jogging Track 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. FEBRUARY 10, 1994 Page 66 Passed by the City Council this 10th day of February, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR 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 § THIS AGREEMENT, made and entered into this 10th day of February, 1994, by f 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 Beale Construction, 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. 12808 -- Tech Terrace Jogging Track in the amount of $22,000.00 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. FEBRUARY 10, 1994 Page 67 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Beatriz M. Rodriguez Deputy Secretary APPROVED AS TO CONTENT: /s/ Russell Howard APPROVED AS TO FORM: /s/ Don Vandiver ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Lan sg ton Mayor CONTRACTOR: BEALE CONSTRUCTION, INC. By: Title: President COMPLETE ADDRESS: 7745 19th Street, Space #63 Lubbock, Texas 79407 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4378 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (16.) BID #12811--Library Furniture and Installation, and authorize same Libra RESOLUTION #4379 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 Vance Hunt and Associates, of Dodson, Texas to furnish and install all materials as bid for the Library Furniture and Installation 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 10th day of February, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager FEBRUARY 10, 1994 Page 68 APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this loth day of February, 1994, 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 Vance Hunt and Associates of the City of Dodson, County of Collingsworth, 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. 12811 -- Library Furniture and Installation in the amount of $29,999.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: /s/ Jeffery A. Rippel CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Lan sg ton Mayor FEBRUARY 10, 1994 Page 69 v APPROVED AS TO CONTENT: CONTRACTOR: /s/ Don Vandiver VANCE HUNT & ASSOCIATES ATTEST: Corporate Secretary By: /s/ Vance Hunt Title: Owner COMPLETE ADDRESS: 416 Main Street Dodson, Texas 79230-0417 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4379 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (17.) ORDINANCE #9672--Abandoning and closing a portion of Chicago Avenue located in Section 27, Block E-2 (6701 Chicago Avenue). ORDINANCE #9672 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF CHICAGO AVENUE LOCATED IN SECTION 27, BLOCK E-2, 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. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on second and final reading Ordinance #9672 as recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor Pro Tem. Neugebauer recused. (18.) Consider Resolution #4380 amending the Capital Proiects Budget to include a proiect to construct a left -turn opening in the median of University Avenue at 17th Street. RESOLUTION #4380 WHEREAS, Section 102.010 of the Local Government Code of the State of Texas authorizes City Councils to make changes in budgets for municipal purposes; and WHEREAS, in accordance with the City Budget Ordinance, the City Manager is authorized to make transfers between funds, accounts, departments or programs for City purposes; and WHEREAS, the City Council deems it advisable to change the budget for municipal purposes and reallocate funds as follows; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock is hereby authorized and directed to make the following changes to the City of Lubbock Budget for municipal purposes: FEBRUARY 10, 1994 Page 70 $47,000 shall be provided from Fund 1441 (Streets Capital Projects Fund/Unreserved-Undesignated Fund Balance) to provide for initial funding for a streets capital project to provide for left turns onto the Texas Tech University campus off of University Avenue at 17th Street. The Texas Tech Ex -Students Association shall pay for one half of the cost of the completed project in accordance with the letter attached hereto as Exhibit A. THAT a copy of the changes made to the City of Lubbock Budget pursuant to this Resolution shall be filed with the City Secretary and County Clerk of Lubbock County as required by law. Passed by the City Council this 1 Oth day of February, 1994 /s/ David R. Lan sg ton 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/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Larry Hoffman, Director of Transportation, presented staff comments. This project was discussed during work session at the January 27, 1994, City Council meeting. The Council directed staff to bring this resolution to the next meeting as a regular agenda item. The project is estimated to cost $47,000. The Texas Tech Ex -Students Association has agreed to pay half the total cost of this project. The City's half of the cost will be funded from the unreserved-undesignated fund balance of the Street Capital Projects Fund. Staff recommended approval of this resolution. Motion was made by Councilmember Mayor Pro Tem Neugebauer, seconded by Councilmember Ince, to authorize Resolution #4380 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. FEBRUARY 10, 1994 Page 71 (19.) Consider Resolution #4381 authorizing the Right -of -Way Department to make an offer to Port City Compress and Warehouse Company, LTD, for thirteen lots in Wheelock's Second Addition (2601 Ivory). RESOLUTION #4381 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the widening of East 26th Street, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Lots one (1), two (2), four (4), five (5), and six (6), Block forty-six (46) and Lots one (1), two (2), three (3), four (4), Block forty-seven (47) and Lots one (1), two (2), three (3), four (4), Block forty-eight (48), all in F.E. Wheelock's Second Addition to the City of Lubbock, Lubbock County, Texas. SECTION 2. THAT the owners of said tracts, including Port City Compress and Warehouse Company, L.T.D., BE offered through the Right -of -Way Department of the City of Lubbock the amount of $3,900, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 10th day of February, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney Ed Bucy, Right -of -Way Agent, presented staff comments. This resolution authorizes the Right -of -Way Department to purchase Lots 1, 2, 4, 5, and 6, Block 46; Lots 1, 2, 3, and 4, Block 47; and Lots 1, 2, 3, and 4, Block 48, F.E. Wheelock's Second Addition for street purposes. FEBRUARY 10, 1994 Page 72 The Right -of -Way Department recommended approval of this resolution to offer $3,900 to Port City Compress and Warehouse Company, LTD for these 13 lots in Wheelock's Second Addition. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4381 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (20.) Consider Resolution #4382 authorizing the Mayor to sign an agreement between the City of Lubbock and Guadalupe Economic Services Corporation for funding as a Community Housing Development Organization. RESOLUTION #4382 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with Guadalupe Economic Services Corporation to provide services for "The First -Time Homebuyer Lease/Purchase Program" under the HOME Investment Partnerships Act grant. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 10th day of February, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: %Mw /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Interim Director Housing and Community Development APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney The Home Program Funding Agreement between the City of Lubbock and Guadalupe Economic Services Corporation is filed with Resolution No. 4382. Doug Goodman, Interim Director of Housing and Community Development, presented staff comments. Under the HOME Program, the City of Lubbock is required to set aside 15 percent of their HOME Grant to be given to a Community Housing Development Organization (CHDO). In February 1993, Guadalupe Economic Services Corporation (GESC) asked to be considered as the CHDO for the FY 92 and FY 93 HOME Program. As a CHDO, GESC would provide housing that is affordable to low and moderate income persons. In March 1993, Sandy Ogletree, Community Development Administrator, indicated that GESC was certified as a CHDO and would receive all or a portion of the City's 15 percent minimum HOME set aside. FEBRUARY 10, 1994 Page 73 GESC proposes to provide a program called "The First -Time Homebuyer Lease/Purchase Program. This program addresses the needs of many potential first-time homebuyers who may not be ready to assume the responsibilities of home ownership but who will mature into excellent first-time homebuyer candidates if provided home ownership counseling. GESC intends to purchase and rehabilitate properties at a cost of $159,900, which is 15 percent of the FY 92 funds. Once in possession of the properties, the CHDO sponsor would lease the property to a first-time homebuyer for a period of one to three years, after which time the applicant would be assessed to see if he or she can purchase. At the expiration of the lease, the CHDO must sell or transfer the property along with the HOME loan/grant obligations to the first-time homebuyer. The lease will provide for the lease/purchaser to make monthly payments to the CHDO. After payments for any major repairs and maintenance, fire and casualty insurance and real estate taxes (if not exempt), the CHDO will be required to establish a Special Reserve Account designed to meet projected down payment and closing costs associated with permanent mortgage financing on behalf of the lease/purchaser. In October 1993, the Community Housing Resource Board of Lubbock (CHRB) also requested to be considered as a CHDO. Their proposal is to rehabilitate owner -occupied housing units within the eastern sector of the City of Lubbock. CHRB intends to target ten single-family dwellings for substantial rehabilitation at a cost of $25,000 per dwelling. This is a worthwhile endeavor and should be considered for funding in the FY 94 HOME Program along with any proposal from GESC. Because Guadalupe :.. Economic Services Corporation has already been identified as the CHDO for FY 92 and FY 93 by the previous Community Development Administrator, it would be inappropriate for the City not to honor this agreement with the possibility for 1993 funding based on performance. Staff recommended that the Mayor sign the Agreement and that Guadalupe Economic Services Corporation give priority to the targeted areas as identified by the Community Development Advisory Committee. Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to authorize Resolution #4382 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (21.) Consider Resolution #4383 authorizing the Mayor to execute a letter of agreement with the U.S. Bureau of Reclamation authorizing the City of Lubbock to construct a road crossing over the Canadian River aqueduct at a location on the airport. RESOLUTION #4383 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 Letter Agreement with the United States of America Department of the Interior Bureau of Reclamation authorizing the City to construct a road bridge over the Canadian River Project Main Aqueduct at the Lubbock International Airport, attached herewith, which shall be spread upon the minutes of the FEBRUARY 10, 1994 Page 74 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 10th day of February, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jim Newsome Jim Newsome, Acting Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney The Letter Agreement between the City of Lubbock and the United States Department of Interior -Bureau of Reclamation is filed with Resolution No. 4383. Jim Newsome, Interim Director of Aviation, presented staff comments. This agreement constitutes a permit from the United States Department of Interior Bureau of Reclamation (BOR) for the Airport to construct a road crossing over the Canadian River Municipal Water Authority (CRMWA) aqueduct located on the east side of the airport. The City had granted CRMWA an easement for the water line in conjunction with the construction of the water plant. This permit is consistent with the provisions of that easement and is issued at no cost to the City for granting this permission. Staff recommended that Council approve this crossing agreement. Motion was made by Councilmember Aderton, seconded by Councilmember Cooke to authorize Resolution #4383 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (22.) Consider Resolution #4384 authorizing the Mayor to execute a Brant application and related documents for a Small Business Administration Tree Planting Grant. RESOLUTION #4384 WHEREAS, grants from the Small Business Administration's Tree Planting Grant Program are available through the Texas Forest Service; and WHEREAS, the City Council of the City of Lubbock has determined that it would be in the public interest and beneficial to the citizens of this City to apply for a grant which would provide funds for the City's Tree Planting Program and help defray the cost of trees for Aztlan, O. W. Ribble, Maxey and Earl Crow Parks; and FEBRUARY 10, 1994 Page 75 WHEREAS, in order to qualify for grant funds, the City must give the Small Business Administration assurances that a cash contribution and other in -kind services will be provided for the project; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: _ SECTION 1. THAT the Mayor of the City BE and is hereby authorized to execute for and on behalf of the City a grant application and any related documents for a Small Business Administration Tree Planting Grant. SECTION 2. THAT the Small Business Administration is hereby assured that the City will provide a cash contribution ($4,500) as well as other in -kind services for the above -described tree planting project as a condition for receiving grant funds. Passed by the City Council this 10th day of February, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: 141. /s/ Rust, By lack Rusty Black, Superintendent of Parks APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Rusty Black, Parks Superintendent, presented staff comments. The Parks Department has been tentatively awarded $8,100 for its Park Forestation Program. Funding is provided by the Small Business Administration - Tree Planting Grants. The Texas Forest Service will administer the program in Texas. The purpose of the grant program is to plant trees on land owned or controlled by the state or a local government by obtaining services and supplies from small business owners. The Parks Department has requested $8,100 from the Small Business Administration, while providing a local match of $4,500 in cash and in -kind donations of $5,400. The cash portion of the match will be funded from the Tree Planting project account, a Parks Capital Project account established to provide trees throughout the city. The in -kind portion of the match is provided through personnel salary, fringe benefits, equipment, staking supplies, mulch, and drip irrigation hardware for a watering system that will be installed by park maintenance staff. These funds will provide for the planting and maintenance of approximately 80 trees in four parks in the City of Lubbock. The parks are: FEBRUARY 10, 1994 Page 76 Atzlan 1 st Place at Avenue H O.W. Ribble 62nd at Temple J.B. Maxey 30th at Nashville Earl Crow 91 st at Belton The Park Department Section will prepare plans and specifications for the tree planting and competitive bids will be received through the Purchasing Department. After trees have been supplied and planted by a contractor, the Urban Forestry section will stake and mulch the trees. Watering will be done by hand until the drip irrigation systems are installed. The trees will be fertilized twice yearly as a part of the park fertilization programs. Maintenance will continue for the life of the trees. Staff believe this is a beneficial project which will enhance the quality of recreational and leisure opportunities in the community by improving the quality and aesthetics in the park system, and staff recommended approval. Motion was made by Councilmember Hernandez, seconded by Councilmember Aderton to authorize Resolution #4384 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (23.) Consider a resolution authorizing the Mayor to execute on behalf of the City of Lubbock an expression of intent to participate in a ioint loan to Texcot Bleachers, Inc., by and between the City of Lubbock, City Bank, and other local banks. This item was deleted from the agenda. (24.) Consider Resolution #4385 approving the City Manager's plan for reorgani- zation of the administration of the City of Lubbock, including the division and consolidation of various departments and appointive positions. RESOLUTION #4385 WHEREAS, Chapter 1, Article IX, Section 22, of the Charter of the City of Lubbock, Texas, places in the City Council the authority to create and consolidate the appointive offices of the City and divide the administration of City affairs into such departments as it may deem advisable, including discontinuance of any such appointive officers or departments at its discretion; and WHEREAS, the City Manager of the City of Lubbock has heretofore at the direction of the City Council completed a reorganization of the administration of the City, including the division or consolidation of various departments and reassignment and discontinuance of various departments and officers; and WHEREAS, said plan of reorganization of the administration of the City has been presented to the City Council for review; and FEBRUARY 10, 1994 Page 77 WHEREAS, the City Council of the City of Lubbock believes that it is in the best interest of the citizens of the City of Lubbock to approve and affirm said plan for reorganization of the administration of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager's plan for reorganization of the administration of the City _ of Lubbock, including the division and consolidation of various departments and appointive positions is hereby approved and affirmed pursuant to the authority granted to the City Council under Chapter 1, Article IX, Section 22, of the Charter of the City of Lubbock, Texas. Passed by the City Council this 10th day of February, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ David Ellison /s/ Donald G. Vandiver David Ellison, Assistant City Manager Donald G. Vandiver, First Assistant City Attorney Bob Cass, City Manager, presented staff comments. The reorganization of City functions involved the consolidation of certain City departments and appointed positions. The City Charter, Art. 9, Sec. 22, vests in the City Council the right to create and consolidate appointed offices and to divide the administration of the City affairs into such departments as Council may deem advisable. The Council may further discontinue appointed offices and departments at its discretion, save and except the office of City Manager. The reorganization recently undertaken involves the elimination of certain officers of the City and elimination of certain departments. Therefore, as a housekeeping matter, staff recommended that the City Council approve this under the above cited Charter authority. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Neugebauer to authorize Resolution #4385 as recommended by staff, with the understanding that the reorganized structure will be made a part of the permanent minutes of the City Council. Motion carried: 7 Yeas; 0 Nays. FEBRUARY 10, 1994 Page 78 (25.) Consider a ioint election resolution with Lubbock Independent School District authorizing the May 7, 1994, election to be a Joint Election. RESOLUTION #4386 WHEREAS, the City of Lubbock and Lubbock Independent School District are both required to conduct elections on May 7, 1994; and WHEREAS, Section 271.002 of the Texas Election Code provides for joint elections when an election is required upon the same day by two or more political subdivisions occupying all or part of the same territory; and WHEREAS, it is deemed to be in the best interest of the citizens residing in the City of Lubbock and Lubbock Independent School District to have a joint election on May 7, 1994, pursuant to the above cited provision of the Election Code; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK AND THE BOARD OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT ACTING JOINTLY: THAT a joint election of the City of Lubbock and Lubbock Independent School District be held on May 7, 1994, under provisions of the Texas Election Code and other applicable law and in accordance with the following agreed terms: 1. That common precinct boundaries and voting places shall be designated by each governing body so far as is practical and expedient. 2. That a single set of election officers shall be agreed upon and designated by both governing bodies for the conduct of the election. Such officers shall include those qualified to service for each individual subdivision. 3. That the election shall be administered by Ms. Betty M. Johnson, City Secretary of the City of Lubbock, within the city limits of the City of Lubbock with Ms. Patti Flanagan of Lubbock Independent School District serving as assistant election officer. 4. That there will be early voting conducted April 18, 1994, to May 3, 1994, at the office of the City Secretary, 1625 13th Street, on weekdays, other than City holidays, during the regular hours of business of the office of the City Secretary, which are from 8:00 A.M. to 5:00 P.M. Early voting by personal appearance will be conducted at the following branch early voting locations: South Plains Mall, 6002 Slide Road; Texas Tech University Center on the Texas Tech University campus; Alderson Junior High School, 219 Walnut; Albertsons Supermarket No. 4102, 302 University; United Supermarket No. 505, 401 Slide Road; United Supermarket No. 543, 8201 Quaker Avenue; Pioneer Retirement Hotel, 1204 Broadway; Frontier Living Center, 2101 Avenue Q; Carillon, 1717 Norfolk Avenue; Lubbock Village, 460171 st Street; and Lubbock Senior Citizen Center, 2001 19th Street. The hours and days of voting at the branch early voting locations are as follows: FEBRUARY 10, 1994 Page 79 South Plains Mall: April 18, 1994 -April 22, 1994, 8:00 A.M. - 6:00 P.M. April 23, 1994, 10:00 A.M. - 6:00 P.M. April 24, 1994, 1:00 P.M. - 6:00 P.M. April 25, 1994 - April 29, 1994, 8:00 A.M. - 6:00 P.M. April 30, 1994, 10:00 A.M. - 6:00 P.M. May 1, 1994, 1:00 P.M. - 6:00 P.M. May 2, 1994 - May 3, 1994, 8:00 A.M. - 8:00 P.M. Texas Tech University Center: April 18, 1994 - April 22, 1994, 8:00 A.M. - 5:00 P.M April 25, 1994 - April 29, 1994, 8:00 A.M. - 5:00 P.M. May 2, 1994 - May 3, 1994, 8:00 A.M. - 5:00 P.M. Alderson Junior High School: April 18, 1994 - April 22, 1994, 8:00 A.M. - 5:00 P.M. April 25, 1994 - April 29, 1994, 8:00 A.M. - 5:00 P.M. May 2, 1994 - May 3, 1994, 8:00 A.M. - 5:00 P.M. Albertsons Supermarket No. 4102: April 18, 1994 - April 22, 1994, 10:00 A.M. - 6:00 P.M. April 25, 1994 - April 29, 1994, 10:00 A.M. - 6:00 P.M. May 2, 1994 - May 3, 1994, 10:00 A.M. - 6:00 P.M. United Supermarket No. 505: April 18, 1994 - April 22, 1994, 10:00 A.M. - 6:00 P.M. United Supermarket No. 543: April 25, 1994 - April 29, 1994, 10:00 A.M. - 6:00 P.M. May 2, 1994 - May 3, 1994, 10:00 A.M. - 6:00 P.M. Pioneer Retirement Hotel: April 19, 1994, 9:00 A.M. - 1:00 P.M. Frontier Living Center: April 20, 1994, 9:00 A.M. - 1:00 P.M. Carillon: April 21, 1994, 9:00 A.M. - 4:00 P.M. Lubbock Village: April 22, 1994, 9:00 A.M. - 4:00 P.M. Lubbock Senior Citizen Center: April 25, 1994 - April 29, 1994, 10:00 A.M. - 3:00 P.M. 5. That the preparation of election supplies, contacting of appropriate officials, publication and all other routine matters for those precincts with voting places within the City of Lubbock shall be the responsibility of the City Secretary of the City of Lubbock. 6. That each political subdivision shall be responsible for posting its own notices and maintaining records pertaining solely to its own election as custodian of its own records. Each political subdivision also shall be responsible for preparing that portion of the ballot pertaining to its own election and for conducting a "drawing for place on the ballot" for its own election at a location and time of its own choice. FEBRUARY 10, 1994 Page 80 7. That the official canvassing of ballots and announcements of results shall be done individually by each governing body, and each political subdivision shall issue its own certificates of election to the candidates elected to that political subdivision. 8. That in all precincts where there are voters residing outside the jurisdiction of one of the political subdivisions, but inside the other political subdivision, such voters shall be given ballots containing only the names of those candidates for whom they are qualified to vote. Write in votes shall be cast on the ballot at the indicated space. 9. That alternative ballots and separate ballot boxes shall be used for this election and that the sealed ballot box procedure established by Subchapter C, Chapter 127, Texas Election Code, shall be used for this election. 10. The City Secretary is hereby appointed as early voting clerk to oversee joint early voting. 11. That each entity shall pay its proportionate share of the common costs attributable to the joint election activities necessary for the conduct of the joint election. Resolved by the City Council on this 1 Oth day of February, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson WM0 Betty M. Johnson, City Secretary Resolved by the Board of Trustees of Lubbock Independent School District this 1 Oth day of March, 1994. /s/ Roy Grimes ROY GRIMES, PRESIDENT ATTEST: Secretary FEBRUARY 10, 1994 Page 81 Betty M. Johnson, City Secretary, presented staff comments. For numerous years the City of Lubbock and Lubbock Independent School District have held joint elections for a significant cost savings to both entities as well as for convenience to the voters. The Resolution tracks previous resolutions and among the terms agreed upon are: Use of the same polling places and election officials. 2. Betty Johnson, City Secretary, as election administrator and Patti Flanagan, LISD representative, as assistant election officer. Conduct of early voting by personal appearance, with City Hall as the main early voting polling place and 11 other locations, either for the entire early voting period or for a limited portion of the early voting period. 4. Each political subdivision shall be responsible for posting notices, maintaining official records, preparation of ballot, and conduct of drawing for ballot position. Each political subdivision shall pay its proportionate share of common costs. 6. Alternative ballots and separate ballot boxes shall be used for this election and the sealed ballot box procedure established by Subchapter C, Chapter 127, Texas Election Code, shall be used for this election. Staff recommended that Council authorize the Joint Election Resolution. Motion was made by Councilmember Cooke, seconded by Mayor Pro Tem Neugebauer to authorize Resolution #4386 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (26.) Consider Resolution #4387 establishing a goals program for Lubbock. RESOLUTION #4387 WHEREAS, The Lubbock City Council has determined that it is of utmost importance to develop a future vision for quality growth, quality development, and quality living environment to guide Lubbock into the 21 st Century; and WHEREAS, Lubbock citizens and citizens of the region are major stakeholders in decisions which will affect their futures; and WHEREAS, The "Goals for the '70's", "Goals for the '80's", and "Lubbock: 2005", have provided for past citizen involvement in Goals for Lubbock's future; and WHEREAS, Goals programs are important planning processes to guide decisions and resource allocations for Lubbock's and the Region's future, and to convert a vision for our community into actions and reality; NOW THEREFORE: FEBRUARY 10, 1994 Page 82 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That, there is hereby created a goals program to create visionary, imaginative and challenging goals to ensure that the future of our community offers opportunities for a comfortable standard of living and high quality of life for as many citizens as possible; and That, the goals program will be entitled "Goals for Lubbock: A Vision Into the 21 st Century"; and That, a citizens committee bearing the same title as the program is hereby created to be composed of a Chairman, appointed by the Mayor, and one hundred (100) members who shall be appointed by the City Council. The membership of the subcommittees shall be made up of the following: Representatives of various community based organizations. 2. Representatives of various professions and expertise. Representatives of the community at large, reflective of Lubbock's diversity. 4. Representatives who have expressed particular interest in being a part of the goals program. That, the Goals for Lubbock: A Vision Into the 21 st Century Committee shall be divided into the following subcommittees: Economic Development W=0 Education Health, Safety and Human Services Intergovernmental Coordination Land Use and Urban Design Neighborhood and Citizen Involvement Recreation, Parks, Entertainment and Cultural Affairs Transportation Utilities That, each subcommittee shall have a chairman who is appointed by the City Council, and ten (10) committee members for a total of eleven (11) on each subcommittee. Each subcommittee shall work within the mission statements as set forth in Attachment A to this Resolution. That, each subcommittee will define the issues to be considered, conduct public hearings to receive citizen input, review the results of citizen surveys and compile the information gathered into goals statements and present those to the Steering Committee. That, ,a Steering Committee of the Goals for Lubbock: A Vision Into the 21 st Century Committee is hereby established, to be composed of the Chairman of the Committee and the Chairman of each of the subcommittees listed above. The Steering Committee will monitor the progress of the subcommittees, review the goals statements prepared by the subcommittees, prioritize the goals, conduct a public hearing on the goals developed by the subcommittees, develop final goals statements and a final report and pre- sent it to the City Council. FEBRUARY 10, 1994 Page 83 That, the City Manager shall appoint a member of his staff to be designated as the overall coordinator of the Goals for Lubbock Project, shall appoint other staff members to act as liaison for the subcommittees and shall provide all necessary assistance to the Committee. The overall coordinator shall direct the development of rules and procedures for the Committee and Subcommittees, provide for training manuals for the Committee members and orientation and training for the Committee members, coordinate and monitor the entire process, provide staff support for the Steering Committee and direct the development of the implementation plan. That, the Goals for Lubbock: A Vision Into the 21 st Century Committee shall be activated for the period of time required to complete the process and make recommendations to the City Council. Appointments for Chairman and members of the Committee shall be for the time period necessary to complete the process and make recommendations to the City Council. Passed by the City Council this 1 Oth day of February,1994. /s/ David R. Lan sg ton David R. Langston, Mayor ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary ... APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Director of Strategic Planning APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney FEBRUARY 10, 1994 Page 84 The Subcommittee Mission Statements are filed with Resolution No. 4387. Jim Bertram, Managing Director, presented staff comments. The key elements of the goals resolution are as follows: Goals Program Name: "Goals for Lubbock: A Vision Into the 21 st Century." 2. Goals Categories (subcommittees): Economic Development Education Health, Safety and Human Services Intergovernmental Coordination Land Use and Urban Design Neighborhood and Citizen Involvement Recreation, Parks, Entertainment and Cultural Affairs Transportation Utilities Mission Statements for each goals subcommittee. 4. Steering Committee: An overall chairman, plus chairmen of each of nine subcommittees. 5. An overall committee chairman appointed by the Mayor. If the resolution is approved, Council should invite citizens to submit names for members of each goals subcommittee to be appointed at the February 24, 1994 Council meeting. Staff would complete the training manuals and conduct training for the committee members in mid -March 1994. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4387 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (26A.) Consider Resolution #4388 authorizing the Mayor to enter into an agreement for professional services in conducting background checks. RESOLUTION #4388 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 Letter Agreement, attached FEBRUARY 10, 1994 Page 85 herewith, by and between the City of Lubbock and John Roger Coston & Associates for background checks of job applicants, which Agreement 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 10th day of February, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews, Acting Director of Personnel APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Mary Andrews, Interim Director of Personnel, presented staff comments. The City �.. of Lubbock is currently in the process of recruiting for four major vacancies: Police Chief, Assistant City Manager, Human Resources Director, and Community Development Director. Given that workload, staff have determined that staff would be better able to adhere to our timelines by contracting for background checks on finalists for the positions of Police Chief and Assistant City Manager. Staff recommended approval. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4388 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (29.) BID #12734--HVAC Renovations -Phase H Lubbock International Airport, and authorize same (Aviation). RESOLUTION #4389 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 Anthony Mechanical, Inc., of Lubbock to furnish and install all materials as bid for the HVAC Renovations - Phase II at the Lubbock International Airport 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. FEBRUARY 10, 1994 Page 86 Passed by the City Council this 1 Oth day of February, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR 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 THIS AGREEMENT, made and entered into this 10th day of February, 1994, 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 Anthony Mechanical, 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. 12734 -- Lubbock International Airport - HVAC Renovations - Phase II in the amount of $1,428.987.00 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. FEBRUARY 10, 1994 Page 87 ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Don Vandiver ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Lan sg ton Mayor CONTRACTOR: By: /s/ W.R. Anthony, Jr. Title: President COMPLETE ADDRESS: P.O. Box 2706 Lubbock, Texas 79408 Victor Kilman, Purchasing Manager, presented staff comments. Motion was made by Councilmember Aderton, seconded by Councilmember Patterson to authorize Resolution #4389 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (27.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071 (1)(A), to discuss pending or contemplated litigation (Water Utilities and Parks). It was consensus of the Council to hold this item for a future agenda. (28.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.072, to discuss purchase and value of real property (Streets). It was consensus of the Council to hold this item for a future agenda. (28A.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074 (a)(1), to discuss personnel matters (City Manager). (30.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074 (a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Board of Health Zoning Board of Adjustment Urban Design and Historic Preservation Committee (31.) Consider one appointment to the Board of Health to replace Barry Bartee, whose term has expired. No action was taken. FEBRUARY 10, 1994 Page 88 (32.) Consider three appointments to the Zoning Board of Adjustment to replace Penny Morin, Bobby Rodgers, and Kim Allen, whose terms have expired. No action was taken. (33.) Consider one appointment to the Urban Design and Historic Preservation Commission to replace Linda McGowen, who has resigned. No action was taken. There being no further business to come before Council, motion was made by Councilmember Cooke, seconded bv-eounci— ber Ince to adjourn the meeting at 4:50 p.m. Motion carried: 7 Yeas; 0 ays. DAVID R. LANGSTON�.MAYOR ATTEST: Betty M. Johnson, y Secretary Read and approved this the 24th day ATTEST: &Lt'- Betty k Johnson, ity Secretary