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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/14/1994APRIL 14, 1994 Page 191 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING April 14, 1994 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 14th day of April 1994, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 10:00 A.M. Present: Mayor David IL Langston, Mayor Pro Tem Randy Neugebauer, 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. Absent: Councilmember Victor Hernandez. Mayor Langston called the meeting to order at 10:06 A.M. ( 1.) The Invocation was given by Betty M. Johnson, City Secretary. ( 2.) Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Board Appointments. ( 4.) Ms Lois Sisco appeared to reauest approval for a loudspeaker permit for April 23, 1994, in conjunction with a party celebrating San Jacinto Day. Ms. Sisco requested the loudspeaker permit for a private party celebrating San Jacinto Day. The request is for Saturday, April 23, 1994, from 7:00 p.m. to 12:00 midnight. The event will take place at 3223 23rd Street. All residents in the area were petitioned and all contacted approved the event. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Patterson to approve the loudspeaker permit. Motion carried: 6 Yeas; 0 Nays. (5.) John Hye appeared to request approval of strip paving on East Kent Street and North Guava Avenue. Larry Hertel, City Engineer, presented staff comments. Mr. Hye's request is to strip pave some existing dirt streets in an area southeast of the airport. The specific streets are: E. Kent St. - Martin Luther King, Jr. Blvd to N. Guava (5,275 L.F.) E. Kent St. - N. Guava Ave. to F.M. 2641 (963 L.F.) N. Guava Ave. - F.M. 2641 to E. Kent St. (436 L.F.) There are three single family residences adjacent to these streets as well as the Canadian River Water Authority (CRWA) offices and oilfield storage tanks. Mr. Hye owns a residence approximately one-half mile east of Martin Luther King, Jr. Blvd. He has searched for alternative methods of improving the dirt street for several years. This proposal calls for: The existing caliche base and pulverized surface material from the E. 19th Street paving project be salvaged and hauled to the E. Kent St. location as part of the E. 19th St. project. APRIL 14, 1994 Page 192 2. The City's Street Department will place and process the base material on the E. Kent St. and the Guava Ave. locations. The estimated City cost for labor and equipment is $8,000. The property owners or affected persons will pay for a two course surface treatment. This two course will be installed by the Contractor on the City's annual maintenance program. If the timing of the E. 19th St. project is appropriate, the intent is to install the two course with the current annual maintenance contract for completion in the summer of 1994. The existing dirt roadway will allow for an 18-foot wide strip paving section. Current strip paving standards require a 24-foot wide strip. However, to widen for the 24 foot wide paving, additional right-of-way would be required and the ditches would have to be re -worked in new locations. A new ditch extended farther south would also conflict with a CRWA water line location. An 18 foot wide strip paving section would equal an existing 18 foot wide paved section on E. Kent St. from I-27 to Martin Luther King Jr. Blvd. The estimated cost to construct the two course surface is: 2 Course (94 Contract) $1.57/S.Y. Prime Coat $0.27/S.Y. $1.84/S. Y. 6,674 L.F. x 2 S.Y./L.F.= 13,348 S.Y. 13,348 S.Y. @ $1.84/S.Y. = $24,560.32 Mr. Hye has received commitments from Lubbock County, CRWA, and the adjacent property owners to pay for the cost of this two course. The staff supports approval of this request with respect to the following issues and conditions: Allow the 18 foot width strip paving. 2. Allow the two course surface for the strip paving. This is the same surface that the City installed on the 98th Street strip paving from University to Slide Road. 3. The adjacent landowners be informed that this is temporary paving only. In the future, when development occurs or full width paving is constructed through an assessment program, the adjacent property owners will still be responsible for their share of the curb and gutter and permanent paving cost. 4. The cost to the adjacent landowners for the strip paving be set at $24,560.32. Every effort will be made to install this strip paving this summer at the established contract price. However, if the timing of the 19th Street project does not coincide with this project, strip paving may have to be delayed until 1995. In order for Mr. Hye to establish exact participation of the affected parties, set the commitment of the total cost of those affected parties at $24,560.32, whether constructed in 1994 or 1995. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approval strip paving on East Kent Street and North Guava Avenue. Motion carried: 6 Yeas; 0 Nays. (6.) Motion was made by Councilmember Aderton, seconded by Councilmember Ince to approve the minutes of the March 24, 1994, Regular City Council Meeting as written. Motion carried: 6 Yeas; 0 Nays. APRIL 14, 1994 Page 193 ( 7.) ORDINANCE #9545--Zone Case #2690 (west of Loop 289, east of Iola and south of 24th Street) --Request of Grant S. Morrow for a zoning change from R-1 to A-2 on a tract out of Section 44, Block A-K. ORDINANCE #9545 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2690; A ZONING CHANGE FROM R-1 TO A-2 ZONING ON A TRACT OUT OF SECTION 44, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to pass on second and final reading Ordinance #9545 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. ( 8.) ORDINANCE #9693--Zone Case #2724 (4407 Clovis Road) --Request of Stephen P. Warren (for JRS Development) for a zoning change from M-1 to M-2 Specific Use (for an auto salvage/wrecking yard) on approximately 1.4 acres out of Section 14, Block A. ORDINANCE #9693 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2724; A ZONING CHANGE FROM M-1 TO M-2 SPECIFIC USE ZONING FOR AN AUTO SALVAGE/WRECKING YARD ON APPROXIMATELY 1.4 ACRES OUT OF SECTION 14, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to pass on second and final reading Ordinance #9693 as recommended by staff. Motion carried: 6 Yeas; 0 Nays ( 9.) ORDINANCE #9694--Zone Case #2725 (2602 Parkway Drive) --Request of Lloyd Croslin (for United Supermarkets) for a zoning change from R-1 Specific Use to C-3 (for a grocery store) on Lots A and B, Wilshire Park Addition. ORDINANCE #9694 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2725; A ZONING CHANGE FROM R-1 SPECIFIC USE TO C-3 ZONING ON LOTS A & B, WILSHIRE PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to pass on second and final reading Ordinance #9695 as recommended by staff. Motion carried: 6 Yeas; 0 Nays APRIL 14, 1994 Page 194 (11.) ORDINANCE #9696--Zone Case #2727 (92nd Street and Slide Road)-- Re4uest of Jon Cieszinski (for Lakeridge Country Club) for a zoning change from R 1 Specific Use to R-1 Specific Use (for garden homes) on an 8.7 acre tract out of Section 15, Block E-2. ORDINANCE #9696 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2727; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON AN 8.7 ACRE TRACT OUT OF SECTION 15, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to pass on second and final reading Ordinance #9696 as recommended by staff. Motion carried: 6 Yeas; 0 Nays (12.) Consider Resolution #4437 authorizing the Mayor to execute a contract with the Texas Historical Commission for grant funds. RESOLUTION #4437 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 the Texas Historical Commission to match grant funds of $4,920.00 for a Historic Preservation Curriculum and conference expenses under the Certified Local Government Program. 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 14th day of April, 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/ Randy Henson for Sally Still Abbe, Assistant Planner APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the Certified Local Government Grant between the Texas Historical Commission and the City of Lubbock is filed with Resolution No. 4437. The Urban Design and Historic Preservation Commission applied for funding from the Texas Historical Commission for two projects for 1994-1995. Project number one, funded for $4,320, is to develop a local historic preservation curriculum for Lubbock schools in cooperation with the College of Architecture at Texas Tech University. The project will draw on existing resources, including the recently published Guide to Lubbock's Architectural Heritage, a planned video on history and historic preservation in Lubbock and Architecture Across the Curriculum: APRIL 14, 1994 Page 195 Learning by Design, a publication currently in press at Texas Tech University Press. Professors David Driskill, John White, Jimmy Davis and Marvin Platten will assist with the preparation of this guide. Grant funds will fund research assistants and pay major printing costs for the curriculum. Project number two, funded for $600, is attendance at the 1994 Certified Local Government workshop for city staff and Urban Design and Historic Preservation Commission members. Attendance at education programs and activities is required for the City of Lubbock to maintain its Certified Local Government status. CLG certification allows the City of Lubbock to compete for federal pass -through grants available only to municipalities that have met standards set by the Department of Interior for historic preservation programs. The required 100 percent match will be provided by in -kind services, primarily of faculty time and some city staff time, and by a $500 cash grant from the Lubbock Chapter AIA and a similar grant anticipated from the Lubbock Heritage Society. Staff recommended approval. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4437 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (13.) Consider Resolution #4438 accepting paving improvements constructed by Williams and Peters Construction Co., Inc., in Revier Farm Addition, Lots 226-271 and 272-295. RESOLUTION #4438 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 226-271 and 272-295, Revier Farm 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 Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: The Southwest half of Ironton Drive from 7.00 feet Northwest of the Northwest property line of the alley Northwest of Iola Avenue to the Southwest end of radius of Iola Avenue, known and designated as New Subdivision Sub -Unit Number 02 of Unit Number 2036. The North half of 1 lth Place from the West end of radius of Iola Avenue to 7.00 feet West of the West property line of the alley West of Ironton Avenue, known and designated as New Subdivision Sub -Unit Number 03 of Unit Number 2036. 1 Oth Street from 7.00 feet West of the West property line of the alley West of Ironton Avenue to the West end of radius of Iola Avenue, known and designated as New Subdivision Sub -Unit Number 04 of Unit Number 2036. Ironton Avenue from the North lip line of 1 lth Place to the South lip line of 1 Oth Street, known and designated as New Subdivision Sub -Unit Number 05 of Unit Number 2036. APRIL 14, 1994 Page 196 1 Oth Street from 7.00 feet West of the West property line of the alley East of Juneau Avenue to 7.00 feet East of the East property line of the alley West of Juneau, known and designated as New Subdivision Sub - Unit Number 33 of Unit Number 2036. The North half of 1 Ith Place from 6.00 feet West of the West property line of the alley West of Juneau Avenue to 7.00 feet East of the East property line of the alley East of Juneau, known and designated as New Subdivision Sub -Unit Number of Unit Number 2036. Juneau Avenue from the North lip line of 1 Ith Place to the South lip line of 10th Street, known and designated as New Subdivision Sub -Unit Number 35 of Unit Number 2036. 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 is hereby authorized to notify the Developer of acceptance by the Lubbock City Council and to direct payment of the City's portion of the cost in the amount of $2,847.40 to the Contractor. 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 14th day of April, 1994. /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 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 southwest half of Ironton Drive from the alley northwest of Iola Avenue to Iola Avenue. The north half of 1 Ith Place from Iola Avenue to the alley west of Ironton Avenue. APRIL 14, 1994 Page 197 1 Oth Street from the alley west of Ironton Avenue to Iola Avenue. Ironton Avenue from 1 Ith Place to IOth Street. I Oth Street from the alley east of Juneau Avenue to the alley west of Juneau Avenue The north half of 1 Ith Place from the alley west of Juneau Avenue to the alley east of Juneau Avenue. Juneau Avenue from 1 Ith Place to IOth Street. City cost in the amount of $2,847.40 is due to the contractor upon this acceptance. This City participation is for the extra width portion of the designated collector street, 1 Ith Place, which is in conformance with existing paving policies. Staff recommended acceptance of these improvements. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4438 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (14.) Consider Resolution #4439 authorizing the Mayor to sign a street -use license with St Mary's of the Plains Hospital (2210 Peoria Avenue). RESOLUTION #4439 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 Street Use License Agreement with Saint Mary of the Plains Hospital and Rehabilitation Center, 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 14th day of April, 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 A copy of the Street Use License Agreement between the City of Lubbock and Saint Mary of the Plains Hospital is filed with Resolution No. 4439. This resolution authorizes a street -use license between the City of Lubbock and St. Mary's Hospital for an aerial walkway across Peoria Avenue. This aerial walkway will connect St. Mary's Hospital with their planned parking garage on the west side of Peoria Avenue. This walkway will be ten (10) feet in width and sixty (60) feet APRIL 14, 1994 Page 198 in length and the area to be licensed is 600 sq. ft. Using the Appraisal District's value of $7.00 per sq. ft. and the street -use license valuation formula, staff get a yearly charge to St. Mary's of $7.00 x 600 sq. ft. = $4,200, 10 percent of 75 percent of $4,200 = $315. The 5-year charge for this license will be $1,575. This license is for twenty (20) years, renewable every five (5) years. No utility problems are seen with this license. The Right -of -Way Department recommended the issuance of this license. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4439 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (15.) Consider Resolution #4440 authorizing the Mayor to sign an alley -use license with Canrock Business Forms, Inc. (1211 Avenue F). RESOLUTION #4440 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 Alley Use License Agreement with Caprock Business Forms, Inc., 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 14th day of April, 1994. /s/ David R. Lan sgston 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/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney A copy of the Alley Use License Agreement between the City of Lubbock and Caprock Business Forms, Inc. is filed with Resolution No. 4440. This alley -use license is for a canopy which crosses over the East-West alley just south of Broadway and west of Avenue E. The proponent of this license is Caprock Business Forms who owns the property on both sides of the alley and uses the canopy for carrying materials across it. This license replaces their license of March 1974, which has just expired after 20 years. The area to be covered is 12 feet by 15 feet and they fall under the minimum alley -use license fee of $50.00 per year or $250 for the first five-year period. This license is for 20 years and no utilities are affected. The Right -of -Way Department recommended the issuance of this license. APRIL 14, 1994 Page 199 Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4440 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (16.) Consider Resolution #4441 authorizing the Mayor to sign an alley -use license with Solitaire Homes of Lubbock (North University and Oberlin Street). RESOLUTION #4441 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 Alley Use License with Solitaire Homes, Inc., dba Solitaire Homes of Lubbock, in favor of fencing in a portion of two alleys in Block 1, Burleson and Osborn Canyon Addition for the City of Lubbock, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of April, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary I` APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right of Way Agent APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney A copy of the Alley Use License Agreement between the City of Lubbock and Solitaire Homes, Inc. is filed with Resolution No. 4441. This resolution allows Solitaire Homes an alley -use license to fence in the north - south and east -west alleys adjacent to Lots 13-24, Block 1, Burleson and Osborn Canyon Addition. These two alleys are located east of North Akron Avenue, west of North University, south of Queens Street and north of Oberlin Street. The owner of this block of land (approximately 600 feet by 600 feet) desires to erect a fence all of the way around it for security purposes and for mobile home trailer sales. Several utility companies have utilities in these alleys and have given their permission for these alleys being enclosed. The owner will put a locked gate at each alley entrance and understands that if the utility company needs to get in and check a line they will cut the lock if it is at an after hours time. The yearly cost for this alley -use license will be $402.44. That value was taken from the Appraisal District's land value of 20¢ per sq. ft. times the total square footage of the alley areas being enclosed of 20,122 sq. ft. times 10 percent which is the alley -use formula for surface use of the right-of-way. This license is for 20 years, payable every five years in advance or $2,012.20. The Right -of -Way Department recommended the issuance of this alley -use license to Solitaire Homes of Lubbock. APRIL 14, 1994 Page 200 Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4441 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (17.) Consider Ordinance #9697 abandoning and closing a portion of an alley and a five-foot easement located in the Garrett Addition (2401 Cornell Street). ORDINANCE #9697 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 15 FOOT ALLEY AND PORTION OF A 5 FOOT UTILITY EASEMENT, LOCATED ADJACENT TO LOT 3 GARRETT ADDITION, 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. This 20-foot by 30-foot alley area to be closed is located 300 feet east of North University along the north side of Cornell Street at the southeast corner of Lot 3, Garrett Addition. This alley portion was dedicated many years ago for utility usage and was never used. The proponent of this closure will be charged $300 for this alley area being closed. This five foot utility easement to be closed is located along the east and northeast portion of Lot 3, Garrett Addition and is just west and north of the alley portion being closed. No charge will be assessed for the easement area being closed since it was acquired by plat and has never been used. These two areas are being closed for building expansion purposes by National Services Industries, Inc. All utilities are in agreement and the plat has been submitted. The Right -of -Way Department recommended the first reading of this ordinance. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to pass on first reading Ordinance #9697 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (18.) Consider Resolution #4442 authorizing acceptance of water and sanitary sewer improvements for Lots 226 through 271, Revier Farm Addition. RESOLUTION #4442 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 226 THROUGH 271, REVIER FARM ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 226 through 271, Revier Farm 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 $51,824.57, with the improvements constructed by Craft Construction Company having a value of $41,324.78, as determined by the unit prices established by said Chapter 28, and $10,499.79 cash paid to the City, which amount includes $8,696.16 cash for aujacent lines, with Betenbough & Co., Inc., the developer, to receive a refund of $10,884.97 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: APRIL 14, 1994 Page 201 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 $10,884.97 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 14th day of April, 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 Utilities Engineer + I APPROVED AS TO FORM: L/s/ Harold Willard Harold Willlard, 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 $51,824.57 including value of construction costs of $41,324.78 and $10,499.79 cash paid to the City of Lubbock. The developer, Betenbough and Co., Inc., will receive a refund of $10,884.97 in accordance with Chapter 28 of the Code of the City of Lubbock. There is no refund of deposit. Staff recommended acceptance of these improvements. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4442 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (19.) Consider Resolution #4443 authorizing acceptance of water and sanitary sewer improvements for Lots 1 through 24, Kim's Court Villas Addition. RESOLUTION #4443 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 THROUGH 24, KINGS COURT VILLAS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1 through 24, King's Court Villas 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 APRIL 14, 1994 Page 202 WHEREAS, the total utility cost to the developer is $33,934.10, with the improvements constructed by Utility Contractors of America (UCA) having a value of $20,702.60, as determined by the unit prices established by said Chapter 28 and $13,231.50 cash paid to the City, which amount includes $12,785.02 for adjacent lines with Lubbock Development Company, the developer, to receive a refund of $4,866.88 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. SECTION 2. THAT the refundable cost in the amount of $4,866.88 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 14th day of April, 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 Senior 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 $33,934.10 including value of construction costs of $20,702.60 and $13,231.50 cash paid to the City of Lubbock. The developer, Lubbock Development Company, will receive a refund of $4,866.88 in accordance with Chapter 28 of the Code of the City of Lubbock. There is no refund of deposit. Staff recommended acceptance of these improvements. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4443 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. APRIL 14, 1994 Page 203 (20.) Consider Resolution #4444 approving a contract for a consultant to assist in the evaluation of the proposals for a Preferred Provider Organization (hospital network). RESOLUTION #4444 THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a letter agreement for professional W services in connection with evaluation of benefits proposals by and between the City of Lubbock and Insurance Partners of the Southwest, Inc., attached herewith, which shall be spread upon the minutes of Council and as spread upon the minutes of this Council has constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of April, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Mar, Andrews Mary Andrews, Director of Human Resources APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Since staff are unable to use our third party administrator, First Health, to evaluate the proposals that will be forthcoming on the Preferred Provider Organization (PPO) Request for Proposals, the Benefits Committee is recommending that staff utilize a consultant to assist us in evaluating these proposals. The amount of money to be saved by utilizing a PPO is considerable; however, it is very difficult to determine the best discount due to the complicated pricing that hospitals can use and the complexity of billing and repricing their various services. Three contracts were obtained from consultants to spend the day with the Benefits Committee to help set up our criteria for evaluating the proposals and to answer any questions or give advice during the process. The Committee thought that it would be best to have someone assist us who had no connections to anyone in our local medical industry. Insurance Partners of the Southwest of Dallas had the lowest cost of $1,500 plus expenses. Staff recommended approval of this contract. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4444 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. APRIL 14, 1994 Page 204 (20A.) Consider Resolution #4445 adopting an Affirmative Action Plan. RESOLUTION #4445 WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to adopt and approve a new EEO/Affirmative Action Policy for the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves and adopts for the City of Lubbock a new EEO/Affirmative Action Policy, a copy of which is attached hereto and made a part of this Resolution for all purposes as if it were copied herein in detail. Passed by the City Council this 14th day of April, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ BettyM. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews, Director of Human Resources APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney On January 27, 1994, the original draft of the Affirmative Action Plan was presented in the City Council work session. Key areas that were addressed include the legal basis for the plan, the methodology, recruiting and hiring, employee development, workforce analysis, and hiring goals. During the interim period based on feedback from various sources, the following changes have been made: Pages 7-4: Sexual Harassment This section has been amended to include the entire City policy on sexual harassment. Pages 11-10: Office Clerical Under this job category originally white males were not shown as exceeding standard deviation. Pages 11-14: Civil Service The make-up of the Civil Service Task Force includes three representatives from Human Resources rather than two. Staff recommended approval of this item. APRIL 14, 1994 Page 205 Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4445 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (21.) Consider the price and condition of sale of Parcel No. 20320-39-80 at 116 Avenue T, Roberts and McWhorter Area. This is a routine sale of property by the Urban Renewal Agency to Oscar Garza, and wife, Alicia Garza, for $500. This property is to be redeveloped with a 2,088 square foot single-family residence to be moved onto the lot and rehabilitated. The land is properly zoned for this. Mr. and Mrs. Garza received this home through the HOPE 3 Program. The value after rehab will be $50,000. The proposed sale was approved by the Urban Renewal Board of Commissioners on March 15, 1994. There are ten other Urban Renewal lots in the area. This development will add approximately $1,120 in tax and utility revenue and be an asset to the area. The Housing and Community Development staff recommended the approval of the proposed sale. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to approve the price and condition of sale of Parcel No. 20320-39-80 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (22.) BID #12825--Playground renovation at various city parks, and authorize same (Park Development). RESOLUTION #4446 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 Pharr Construction Co., Inc. of Lubbock to furnish and install all materials as bid for the Playground Renovations at Various City Parks 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 14th day of April, 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 APRIL 14, 1994 Page 206 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 14th day of April, 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 Pharr Construction Co., 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. 12825 -- Playground Renovation at Various City Parks in the amount of $142, 521.00 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/ Russell Howard APP::'%JVED AS TO FORM: CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Lan sg ton Mayor CONTRACTOR: /s/ Don Vandiver PHARR CONSTRUCTION CO., INC. By: /s/ John K. Pharr Title: Vice President APRIL 14, 1994 Page 207 ATTEST: /s/ Jackie Miller Corporate Secretary COMPLETE ADDRESS: P.O. Box 2791 Lubbock, Texas 79408 Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4446 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (23.) BID #12836--Gasoline and diesel fuel (Fleet Services). Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (24.) BID #12847--Arnett Benson sidewalks, and authorize same (Housing and Community Development). RESOLUTION #4447 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, Inc. of Lubbock to furnish and install all materials as bid for the Arnett Benson Sidewalks 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 14th day of April, 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 14th day of April, 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 Birchwood Construction, Inc. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. APRIL 14, 1994 Page 208 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. 12847 -- Arnett Benson Sidewalks in the amount of $55,928.00 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: APPROVED AS TO FORM: /s/ Don Vandiver ATTEST: /s/ Scott Michaels Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor CONTRACTOR: BIRCHWOOD CONSTRUCTION, INC. By: Title: President COMPLETE ADDRESS: 5313 50th Street, Suite D-6 Lubbock, Texas 79414 Motion was made by Councilmember Aderton, seconded by Councilmember Irmx to authorize Resolution #4447 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (25.) BID #12862--Fuses and cutouts annual pricing (Central Warehouse). Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. APRIL 14, 1994 Page 209 (26.) BID #12865--Couplings and clamps annual pricing (Central Warehouse). (27.) Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. RESOLUTION #4448 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 Rhode Construction Company of Lubbock to furnish and install all materials as bid for the Lift Station #49 and Force Main 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 14th day of April, 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 14th day of April, 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 Rhode Construction Company 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. 12870 -- Lift Station #49 and Force Main in the amount of $207,440.00 APRIL 14, 1994 Page 210 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/ Richard Barton APPROVED AS TO FORM: /s/ Don Vandiver ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor CONTRACTOR: RHODE CONSTRUCTION COMPANY By: /s/ Carman G. Rhode Title: President COMPLETE ADDRESS: P.O. Box 53370 Lubbock, Texas 79453 Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4448 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (28.) BID #12871--Texas Department of Criminal Justice Psychiatric Facility Lift Station, and authorize same (Water Utilities). RESOLUTION #4449 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 Rhode Construction Company of Lubbock to furnish and install all materials as bid for the Texas Department of Corminal Justice Psychiatric Facility Lift Station 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. APRIL 14, 1994 Page 211 Passed by the City Council this 14th day of April, 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 14th day of April, 1994, by and F 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 Rhode Construction Company 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. 12871 -- Texas Department of Criminal Justice Psychiatric Facility Lift Station in the amount of $113,400.00 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. APRIL 14, 1994 Page 212 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/ Richard Barton APPROVED AS TO FORM: /s/ Don Vandiver ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Lan sg ton Mayor CONTRACTOR: RHODE CONSTRUCTION COMPANY By: /s/ Carman G. Rhode Title: President COMPLETE ADDRESS: P.O. Box 53370 Lubbock, Texas 79453 Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4449 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (29.) BID #12875--Fertilizer (Park Maintenance). Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (30.) BID #12878--50th and Quaker Intersection Construction, and authorize same (Street -Drainage Engineering). RESOLUTION #4450 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 Tech Builders, Inc. of Amarillo, Texas, to furnish and install all materials as bid for the 50th Street and Quaker Avenue Interseciton Construction 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 14th day of April, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APRIL 14, 1994 Page 213 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 14th day of April, 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 Tech Builders, Inc. of the City of Amarillo, County of Potter, 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. 12878 -- 50th and Quaker Intersection Construction in the amount of $493,447.00 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/ Larry Hertel CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Lan sg ton Mayor APRIL 14, 1994 Page 214 APPROVED AS TO FORM: /s/ Donald G. Vandiver ATTEST: /s/ Annette Gutierrez Corporate Secretary CONTRACTOR: TECH BUILDERS, INC By: Title: President COMPLETE ADDRESS: 200 S. Travis Amarillo, Texas 79106 Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4450 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (31.) BID #12886--Access Road -Lubbock International Airport, and authorize same (Street -Drainage Engineering). RESOLUTION #4451 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 Williams & Peters Construction Company, Inc., of Lubbock Texas, to furnish and install all materials as bid for the Access Road - Lubbock International Airport, 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 14th day of April, 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 14th day of April, 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 APRIL 14, 1994 Page 215 OWNER, and Williams & Peters Construction Co., 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. 12886 -- Access Road - Lubbock International Airport in the amount of $30,680.00 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. r 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/ Larry, Hertel APPROVED AS TO FORM: /s/ Don Vandiver ATTEST: /s/ Betty L. Williams Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor CONTRACTOR: WILLIAMS & PETERS CONSTRUCTION CO., INC. By: /s/ Carlton Peters Title: Vice President COMPLETE ADDRESS: P.O. Box 3907 Lubbock, Texas 79452 Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4451 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. APRIL 14, 1994 Page 216 (32.) BID #12895--Chemical toilet rental (various departments). Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (33.) BID #12914--Ratification of emergency purchases for repair parts and labor for LM2500 Turbine (Electric Production). Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (34.) BID #12934--Ratification of emergency purchases for replacement blades for LM2500 Turbine (Electric Production). Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (35.) BID #12935--Transmission line relays (Electric Distribution). Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (36.) Ordinance #9689--Amending Section 26-22, Subsection (B)(2) of the Code of Ordinances of the City of Lubbock with regard to allocation of the debt service portion of the Hotel Occupancy Tax Revenues. ORDINANCE #9689 AN ORDINANCE RATIFYING RESOLUTION NO. 3869 AND AMENDING SECTION 26-22, SUBSECTION (b)(2) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ALLOCATION OF THE DEBT SERVICE PORTION OF HOTEL OCCUPANCY TAX REVENUES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Vicki Key, Interim Director of Civic Centers, presented staff comments. Chapter 351 (Municipal Hotel Occupancy Taxes) indicates clearly that allocation of the revenue from the Hotel/Motel Tax must be made by Ordinance. Lubbock's allocation was made in Section 26-22(b)(2) of the Code of Ordinances and the Section was amended in 1990. In 1992, Resolution 3869 was passed by the Council reallocating the excess portion of the hotel/motel tax revenue which had been allocated to debt service to Civic Center improvements. This resolution, however, did not amend the ordinance. As a'matter of housekeeping, Section 26-22(b)(2) should be amended and Resolution 3869 incorporated into the ordinance. In conjunction w411 the budget resolution being presented as a separate agenda item, this resolution provides that the $475,000 currently in the "Reserve for Convention and Tourism Capital Projects" shall be utilized for the Civic Center Roof project. There is also a provision in the amended ordinance to rebuild that reserve balance from the 2-1/4 cents generally allocated to Civic Center debt service, beginning in October of 1994. Once the Reserve for Convention and Tourism Capital Project is rebuilt, any excess funds from the 2-1/4 cents shall be allocated to Civic Center improvements. The proposed resolution and ordinance provides for the following: APRIL 14, 1994 Page 217 A. The resolution allocates $475,000 from Fund 1221 (Reserve for Convention and Tourism Capital Projects) to fund Phase Two of the Civic Center Roof project. B. The ordinance amends Subsection (b)(2) of Section 26-22 of the Code of Ordinances of the City of Lubbock by: 1) Reallocating any excess over the amount necessary to retire the debt service payments in the following manner: a) Until October 1, 1994, any excess shall be allocated to Civic Center improvements. b) After October 1, 1994, the first $475,000 shall be allocated to the "Reserve for Convention and Tourism Capital Projects"; and then any additional funds shall be allocated to Civic Center improvements. In 1992, the City Council passed Resolution No. 3869 reallocating the excess portion of the hotel/motel tax, which had been allocated to Civic Center debt service, to Civic Center improvements. As a matter of housekeeping, staff recommended that Section 26-22(b)(2) of the Code of Ordinances of the City of Lubbock be amended as proposed. In addition, staff recommended that the Resolution to provide funding for the Civic Center Roof project be approved as proposed. The first reading of the ordinance was passed by the City Council at the March 10, 1994 meeting. Motion was made by Councilmember Ince, seconded by Councilmember Aderton .00 to pass on first reading Ordinance #9689 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (37.) Consider Resolution #4452 accepting paving improvements constructed by Williams and Peters Construction Co., Inc., in Remington Park Addition, Lots 1-102. RESOLUTION #4452 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 1-102, Remington 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 of the above -mentioned Addition, including the following streets and avenues: The South half of 66th Street from the East lip line of Chicago Avenue to 26.5 feet East of the East lip line of Bangor Avenue, known and designated as New Subdivision Sub -Unit Number 12 of Number 2036. 68th Street from the East lip line of Chicago Avenue to the West lip line of Bangor Avenue, known and designated as New Subdivision Sub -Unit Number 13 of Number 2036. 69th Street from the East lip line of Chicago Avenue to the West back of curb of Bangor Avenue, known and designated as New Subdivision Sub - Unit Number 14 of Number 2036. Bangor Avenue from the South lip line of 66th Street through a 90' turn at 69th Street, known and designated as New Subdivision Sub -Unit Number 15 of Number 2036. APRIL 14, 1994 Page 218 Belmont Avenue from the North lip line of 68th Street to the South back of curb of 66th Street, known and designated as New Subdivision Sub -Unit Number 16 of Number 2036. Brentwood Avenue from the North lip line of 68th Street to the South back of curb of 66th Street, known and designated as New Subdivision Sub -Unit Number 17 of Number 2036. Chicago Avenue from the alley return North of 69th Street to the South lip line of 66th Street, known and designated as New Subdivision Sub -Unit Number 18 of Number 2036. 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 is hereby authorized to notify the Developer of acceptance by the Lubbock City Council and to direct payment of the City's portion of the cost in the amount of $3,661.25 to the Contractor. 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 14th day of April, 1994. /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 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: South half of 66th Street from Chicago Avenue to 26.5 feet east of Bangor Avenue. 68th Street from Chicago Avenue to Bangc:.'_.enue. 69th Street from Chicago Avenue to Bangor Avenue. Bangor Avenue from 66th Street through the 90 degree turn at 69th street. Belmont Avenue from 68th Street to 66th Street. Brentwood Avenue from 68th Street to 66th Street. Chicago Avenue from the alley north of 69th Street to 66th Street. APRIL 14, 1994 Page 219 City cost in the amount of $3,661.25 is due to the contractor upon this acceptance. This City participation is for the extra width portion of the designated collector street, 66th Street, which is in conformance with existing paving policies. Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4452 as recommended by staff. Motion carried: 5 Yeas; 0 Nays --Mayor Pro Tern Neugebauer recused and excused himself from discussion and voting. (38.) Consider Resolution #4453 accepting paving improvements constructed by Williams and Peters Construction Co., Inc., in Preston Hills Addition, Tracts A and B. RESOLUTION #4453 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 Tracts A & B, Preston Hills 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 of the above -mentioned Addition, including the following streets and avenues: The South half of 82nd Street from the East end of radius of Frankford Avenue to the West end of radius of Elkhart Avenue, known and designated as New Subdivision Sub -Unit Number 23 of Number 2036. The East half of Frankford Avenue from the North end of radius of the alley return South of 82nd Street to the centerline of 82nd Street, known and designated as New Subdivision Sub -Unit Number 24 of Number 2036. 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 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 14th day of April, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APRIL 14, 1994 Page 220 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 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 south half of 82nd Street from Frankford Avenue to Elkhart Avenue. The east half of Frankford Avenue from the alley south of 82nd Street to 82nd Street. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4452 as recommended by staff. Motion carried: 5 Yeas; 0 Nays --Mayor Pro Tern Neugebauer recused and excused himself from discussion and voting. (39.) Consider Ordinance #9698 abandoning and closing a portion of Richmond Avenue iust north of 27th Street (4602 27th Street). ORDINANCE #9698 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF RICHMOND AVENUE 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. Ed Bucy, Right -of -Way Agent, presented staff comments. This ordinance abandons and closes a portion of Richmond Avenue just east of Salem Avenue and north of 27th Street in the Bender Terrace Addition. The proponent of this closure is Bender Terrace Nursing Home. The reason for closure is for future building expansion. Bender Terrace owns all of the land around this portion of Richmond Avenue and this street area and cul-de-sac only serves the nursing home. The area being closed is 12, 588.84 sq. ft. or 0.289 acre. This property is on the tax rolls for $1.75 per sq. ft. and using this $1.75 times the 12,588.84 sq. ft., staff get a value for the street areas being closed of $22,030.47 due the City. All utilities are in agreement and the plat has been submitted. The Right -of -Way Department recommended the first reading of this ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Aderton to pass on first reading Ordinance #9698 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. APRIL 14, 1994 Page 221 (40.) Consider Ordinance #9699 abandoning and closing a portion of a 15-foot alley in Block 1, Casey Subdivision (2210 Peoria Avenue). ORDINANCE #9699 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN ALLEY LOCATED IN BLOCK 1, CASEY SUBDIVISION AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER 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. Ed Bucy, Right -of -Way Agent, presented staff comments. This alley area being closed is located just west of Peoria Avenue between 22nd and 23rd Streets. The proponent of this alley closure is St. Mary's Hospital and the reason for closure is for the construction of a parking garage building. The area being closed is 4,406.25 sq. ft. They are dedicating 3,671.88 sq. ft. of the alley area being closed back as a utility easement and are dedicating 2,725 sq. ft. for a new north -south alley just to the west of this alley being closed. These dedications more than offset the alley area being closed. All utility companies have been notified and the plat has been submitted. The Right -of -Way Department recommended the first reading of this closure ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance #9699 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (41.) Consider Ordinance #9700 abandoning and closing a portion of Orlando `00 Avenue and 78th Street (4102 78th). ORDINANCE #9700 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF ORLANDO AVENUE AND 78TH STREET 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. Ed Bucy, Right -of -Way Agent, presented staff comments. This 5,851 sq. ft. piece of 78th Street and Orlando Avenue is being closed for the entrance area to the King's Lake Addition just east of Orlando Avenue and north of 78th Street. The proponent of this closure is Henry Huneke for H.A. Sessions. More right-of-way is being dedicated in this new plat which will offset the area being closed. All utilities are in agreement and the plat has been submitted. The Right -of -Way Department recommended the first reading of this ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass on first reading Ordinance #9700 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. APRIL 14, 1994 Page 222 (42.) Consider Resolution #4454 authorizing the Right -of -Way Department to make an offer to Hubert E Cone and wife Marie Cone for a parcel of land in Section 16, Block E-2 for the 98th Street Widening Proiect (4501 98th Street). RESOLUTION #4454 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 purposes and public purposes and use, to -wit: for the widening of 98th 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 such 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: METES AND BOUNDS DESCRIPTION of a 0.715 acre tract of land located in Section 16, Block E-2, Lubbock_ County, Texas, being further described as follows: BEGINNING at a'/2" rod set with cap which bears S. 00°00'43" W. a distance of 55.00 feet and N. 89*59'17" W. a distance of 1,578.86 feet from the Northeast corner of Section 16, Block E-2, Lubbock County, Texas; THENCE S. 89059'17" E. a distance of 163.32 feet to a'/2" iron rod with cap set for a point of curvature; THENCE Southeasterly around a curve to the right, said curve having a radius of 945.00 feet, a central angle of 33°46'22", tangent lengths of 286.87 feet, a chord bearing of S. 73°06'06" E. and a chord distance of 549.00 feet to a '/2" rod found at a point of reverse curvature; THENCE Southeasterly around a curve to the left, said curve having a radius of 655.00 feet, a central angle of 33°46'22", tangent lengths of 198.83 feet, a chord bearing of S. 73°06'06" E. and a chord distance of 380.52 feet to a'/2" rod found; THENCE S. 89059'17" E. a distance of 7.37 feet to a 5/8" rod found. THENCE Northwesterly around a curve to the right, said curve having radius of 1,009.93 feet, a central angle of 20051'32", tangent lengths of 185.89 feet, a chord bearing of N. 7993'31" W. and a chord distance of 365.64 feet to a'/2" rod with cap; THENCE N. 69007'45" W. a distance of 406.75 feet to a'/2" rod with cap set at a point of curvature; THENCE Northwesterly around a curve to the left, said curve having a radius of 899.93 feet, a central angle of 20*51'32", tangent lengths of 165.65 feet, a chord bearing of N. 79°33'31" W. and a chord distance of 325.82 feet to the Point of Beginning. SECTION 2. THAT the owners of said tracts, being HUBERT E. CONE, MARIE CONE, HERSCHEL CONE, and JOY CONE BE offered through the Right - of -Way Department of the City of Lubbock the amount of $15,730 which is the amount APRIL 14, 1994 Page 223 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 14th day of April, 1994 /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Bette M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Department APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney Ed Bucy, Right -of -Way Agent, presented staff comments. This 0.715 acre tract of land owned by the Cones is needed for the widening of 98th Street and is located ` just west of Quaker Avenue along the south side of 98th Street. This tract of land was appraised by Jimmy Goddard and review appraised by Adam Klein for our how offer to Dr. Cone and wife for $15,730. The Right -of -Way Department recommended the approval of the offer to Dr. and Mrs. Cone. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4454 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (43.) Consider Resolution #4455 authorizing the Right -of -Way Department to make an offer to Carl M. Russell for a parcel of land in Section 17, Block E-2, for the 98th Street Widening Proiect (4001 98th). RESOLUTION #4455 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 purposes and public purposes and use, to -wit: for the widening of 98th 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 such 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: METES AND BOUNDS DESCRIPTION of a 0.412 acre tract of land located in Section 17, Block E-2, Lubbock County, Texas, being further described as follows: APRIL 14, 1994 Page 224 BEGINNING at a point which bears S. 00°00'55" E. a distance of 55.00 feet and N. 89°59'05" E. a distance of 1,319.70 feet from the Northwest corner of Section 17, Block E-2 Lubbock County, Texas; THENCE N. 89059'08" E. a distance of 457.87 feet to a 1/2" iron rod with cap; THENCE Southwesterly around a curve to the left, said curve having a radius of 899.93 feet, a central angel of 21*0F55", tangent lengths of 167.05 feet, a chord bearing of S. 79°28'07" W. and a chord distance of 328.49 feet to a 1/2" rod set with cap; THENCE S. 68057'10" W. a distance of 144.52 feet; THENCE N. 00000'55" W. a distance of 111.83 feet to the Point of Beginning. SECTION 2. THAT the owner of said tract, being CARL M. RUSSELL BE offered through the Right -of -Way Department of the City of Lubbock the amount of $9,064 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 14th day of April, 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 Bucv Ed Bucy, Right -of -Way Department APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney Ed Bucy, Right -of -Way Agent, presented staff comments. This 0.412 acre tract of land owned by Mr. Russell is needed for the widening of 98th Street and is located along the soucn side of 98th Street at about its intersection with Oxford Avenue. Jimmy Goddard appraised this tract of land and Adam Klein reviewed his appraisal. Our offer to Mr. Russell is $9,064, the appraised amount. The Right -of -Way Department recommended the approval of our offer to Mr. Russell. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4455 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. APRIL 14, 1994 Page 225 (44.) Consider Resolution #4456 authorizing the Right -of -Way Department to make an offer to H A Sessions for five tracts of land in Section 17, Block E-2, for the 98th Street Widening Proiect (4101 98th). RESOLUTION #4456 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 purposes and public purposes and use, to -wit: for the widening of 98th 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 such 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: TRACT 1 METES AND BOUNDS DESCRIPTION of a 1.800 acre tract of land located in Section 17, Block E-2, Lubbock County Texas being further described as follows: BEGINNING at a point which bears S. 00°00'55" E. a distance of 55.00 feet and N. 89°59'05" E. a distance of 1,319.70 feet from the Northwest corner of Section 17, Block E-2, Lubbock County, Texas; THENCE S. 00000'55" E. a distance of 111.83 feet; THENCE S. 6805710" W. a distance of 253.45 feet to a '/2" rod set with cap for a point of curvature; THENCE Southwesterly around a curve to the right, said curve having a radius of 1,009.93 feet, a central angle of 21'01'55", tangent lengths of 187.47 feet, a chord bearing of S. 79028'07" W. and a chord distance of 368.64 feet to a'/2" rod set with cap; THENCE S. 89059'05" W. a distance of 345.43 feet to a '/2" rod found; THENCE Northeasterly around a curve to the left, said curve having a radius of 712.53 feet, a central angle of 32034'48", tangent lengths of 208.22 feet, a chord bearing of N. 73°41'41" E. and a chord distance of 399.73 feet to a'/2" rod set with cap; THENCE S. 87035'05" E. a distance of 14.44 feet to a'/2" rod with cap set for a point of curvature; THENCE Northeasterly around a curve to the left, said curve having a radius of 899.93 feet, a central angle of 17042'43 ", tangent lengths of 140.22 feet, a chord bearing of N. 77°48'32" E. and a chord distance of 277.09 feet to a '/2" rod set with cap; THENCE N. 6805710" E. a distance of 278.96 feet to a '/2" rod set with cap; THENCE N. 89059'05" E. a distance of 15.67 feet to the Point of Beginning. APRIL 14, 1994 Page 226 TRACT 2 METES AND BOUNDS DESCRIPTION of a 0.041 acre tract of land located in Section 17, Block E-2, Lubbock County, Texas being further described as follows: BEGINNING at a'/2" rod set with cap which bears S. 00*01'10" W. a distance of 85.07 feet and N. 89°59'05" E. a distance of 985.18 feet from the Northwest corner of Section 17, Block E-2, Lubbock County, Texas; THENCE Northeasterly around a curve to the right, said curve having a radius of 602.53 feet, a central angle of 01°5928", tangent lengths of 10.47 feet, a chord bearing of N. 72°49'05" E. and a chord distance of 20.94 feet to a'/2" rod set with cap; THENCE S. 00001'10" W. a distance of 90.11 feet to a'/2" rod set with cap; THENCE Southwesterly around a curve to the right, said curve having a radius of 899.93 feet, a central angle of 01 °20' 14", tangent lengths of 10.50 feet, a chord bearing of S. 72'13'51" W. and a chord distance of 2 1. 00 feet to a '/2" rod set with cap; THENCE N. 00001'10" E. a distance of 90.34 feet to the Point of Beginning. TRACT 3 METES AND BOUNDS DESCRIPTION of a 0.087 acre tract of land located in Section 17, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a found '/2" rod which bears S. 00101' 10" W. a distance of 55.00 feet and N. 89059'05" E. a distance of 1,172.93 feet from the Northwest corner of Section 17, Block E-2, Lubbock County, Texas; THENCE S. 00001'10" W. a distance of 28.49 feet to a '/2" rod with cap set for a point of curvature; THENCE Southeasterly around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 111 *04', tangent lengths of 21.85 feet and a chord distance of 24.73 feet to a'/2" rod set with cap; THENCE S. 68057' 10" W. a distance of 96.45 feet to a '/2" rod set with cap; THENCE Northeasterly around a curve to the left, said curve having a radius of 15.00 feet, a central of 68056', tangent lengths of 10.30 feet and a chord distance of 16.98 feet to a'/z" rod set with cap; THENCE N. 00001'10" E. a distance of 60.14 feet to a '/2" rod set with cap; THENCE Easterly around a curve to the right, said curve having a radius of 602.53 feet, a central angle of 05*41'44", tangent lengths of 29.97 feet, a chord bearing of N. 87*08' 13" E. and a chord distance of 59.87 feet to a'/2" rod set with cap; THENCE N. 89059'05" E. a distance of 0.21 feet to the Point of Beginning. APRIL 14, 1994 Page 227 TRACT 4 METES AND BOUNDS DESCRIPTION of a 0.002 acre tract of land located in Section 17, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a'/2" rod set with cap which bears N. 89°59'05" E. a distance of 1,281.18 feet and S. 00101'10" W. a distance of 55.00 feet from the Northwest corner of Section 17, Block E-2, Lubbock County, Texas; THENCE N. 89059'05" E. a distance of 20.00 feet to a'/2" rod set with cap; THENCE S. 0000I'l0" W. a distance of 1.11 feet to a'/2" rod set with cap; THENCE S. 6805710" W. a distance of 24.43 feet to a'/2" rod set with cap; THENCE N. 00001' 10" E. a distance of 8.80 feet to the Point of Beginning. TRACT 5 METES AND BOUNDS DESCRIPTION of a 0.00004 acre tract of land located in Section 17, Block E-2, Lubbock County, Texas being further described as follows: BEGINNING at a 1/2" rod set with cap which bears N. 89°59'05" E. a distance of 1,301.18 feet and S. 00001'10" E. a distance of 55.00 feet from the Northwest corner of Section 17, Block E-2, Lubbock County, Texas; THENCE N. 89059'05" a distance of 2.89 feet to a'/2" rod set with cap; THENCE S. 6805710" W. a distance of 3.09 feet to a'/2" rod set with cap; THENCE N. 00001' 10" E. a distance of 1.11 feet to the Point of Beginning. SECTION 2. THAT the owners of said tracts, being H.A. SESSIONS BE offered through the Right -of -Way Department of the City of Lubbock the amount of $42,460 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 14th day of April, 1994 /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APRIL 14, 1994 Page 228 APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Department APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney Ed Bucy, Right -of -Way Agent, presented staff comments. There are five tracts of land needed to be acquired from H.A. Sessions for the 98th Street Widening Project. The total of the five tracts is 1.93004 acres. Jimmy Goddard appraised these tracts and Adam Klein reviewed the appraisal. Our offer to Mr. Sessions for these five tracts of land is $42,460.00, the appraised amount. The Right -of -Way Department recommended the approval of the offer to H.A. Sessions. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4456 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (45.) Consider Resolution #4457 authorizing the Right -of -Way Department to make an offer to Cordie Duke Jeffcoat for Lots 2 and 3. Block 2, Dupree Addition (2002 Texas Avenue). RESOLUTION #4457 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 purposes and public purposes and use, to -wit: for the enlargement of the Health Department parking lot, 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 such 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 the City of Lubbock, Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: Lots Two (2) and Three (3), Block Two (2), Dupree Addition to the City of Lubbock, Lubbock County, Texas, SAVE AND EXCEPT the East 15 feet of Lot Two (2), less the North 5 feet and SAVE AND EXCEPT the East 15 feet of Lot Three (3). SECTION 2. THAT the owner of said tract, being CORDIE DUKE JEFFCOAT, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $20,000, 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. APRIL 14, 1994 Page 229 Passed by the City Council this 14th day of April, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ BettxM. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Department APPROVED AS TO FORM: /s/ Harold Willard Assistant City Attorney Ed Bucy, Right -of -Way Agent, presented staff comments. These two lots lie along the west side of 2000 Block of Texas Avenue and are adjacent to the southeast corner of the City Health Department and are owned by Cordie Duke Jeffcoat. The Right -of -Way Department recommended this offer to Mrs. Jeffcoat for $20,000 less the unused 1994 lease payment. Motion was made by Councilmember Aderton, seconded by Councilmember Ince to authorize Resolution #4457 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (46.) Consider Resolution #4458 authorizing the Housing and Community Devel- opment Administrator to sign for certification of "Local Government Approval of ESGP Proposal for Private Non -Profit Organizations." RESOLUTION #4458 WHEREAS, the Texas Emergency Shelter Grants Program requires a signed Certification of Local Government Approval for each private nonprofit organization application submitted; and WHEREAS, the Housing and Community Development Department staff have the resources and expertise to evaluate said proposals; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Housing and Community Development Administrator is hereby authorized to evaluate and sign "Certification of Local Government Approval of ESGP Proposal for Private Nonprofit Organization" on behalf of the City of Lubbock for nonprofit organizations applying for funds from the Texas Emergency Shelter Grants Program to be utilized within the City. Passed by the City Council this 14th day of April, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APRIL 14, 1994 Page 230 APPROVED AS TO CONTENT: /s/ DouQ Goodman Doug Goodman, Interim Housing & Community Development Administrator APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney Doug Goodman, Interim Director of Housing and Community Development, presented staff comments. HUD provides money to the State and the City to be used for Emergency Shelters. This year the City expects to receive $95,000 to be given to non-profit organizations on a competitive basis. The same organizations are eligible for funds from the Texas Emergency Shelter Grants Program. This year there are approximately four non-profit organizations applying for State funds. In the past these grant proposals have been signed by the Community Development Administrator. Staff recommended that City Council authorize the Community Development Authority to approve these grants now and in the future. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4458 as recommended by staff. Motion carried: 6 Yeas; 0 Nays (47.) Consider Resolution #4459 authorizing the Mayor to execute and submit the 1994 Emergency Shelter Grant Application and all related documents. RESOLUTION #4459 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 Emergency Shelter Grant Application for the year 1994 and all related documents. Said Grant Application 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 14th day of April, 1994 /s/ David R. Langston ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Director Health Department APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Assistant City Attorney A copy of the Emergency Shelter Grant Application is filed with Resolution No. 4459. APRIL 14, 1994 Page 231 The Emergency Shelter Grant program has as its goal the directing of funds for the homeless so that these persons have access to safe and sanitary shelters and to the supportive services and other kinds of assistance. The estimated funding for this grant for FY 1994 is $95,000. This is an increase of $57,000 from the fiscal year 1993 allocation of $38,000. A Request for Proposals (RFP) has been published in the Lubbock Avalanche Journal and West Texas Hispanic News to invite non- profit agencies to submit applications for the funds. In addition, a copy of the RFP has been mailed directly to area organizations which assist or come into contact with Lubbock's homeless. The Emergency Shelter Grant Program may provide assistance to the homeless through eligible activities, including the rehabilitation of conversion of buildings for use as emergency shelters for the homeless, the payment of certain operating expenses, the payment of expenses for essential service in connection with emergency shelters for the homeless, and development of homeless prevention activities. No more than 20 percent of the grant may be utilized for the payment of essential services without a waiver from HUD. There is a matching component which requires that the City of Lubbock or a non-profit subrecipient match the amount of the grant with either direct or indirect contributions. In addition, the regulations authorize the use of 5 percent of the allocation for administrative costs. Non-profit organizations will apply for funding and a public hearing will be held by the City Council in May. At that time program funding will be considered. For the City of Lubbock to participate in the ESGP, the grant application must be submitted to HUD with other grants that are being consolidated for submission. Staff recommended approval of this item. Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to authorize Resolution #4459 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (48.) Consider a resolution authorizing the Traffic Light Synchronization Program III grant application. This item was deleted from the agenda. (49.) Consider Resolution #4460 authorizing the Mayor to execute a lease agreement between the City of Lubbock and ABX Air, Inc. RESOLUTION #4460 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 Ramp Area Use Agreement by and between the City of Lubbock and ABX Air, Inc., 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 14th. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APRIL 14, 1994 Page 232 APPROVED AS TO CONTENT: /s/ Jim Newsome Jim Newsome, Interim Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney The Lubbock International Airport Ramp Area Use Agreement between the City of Lubbock and ABX Air, Inc. is filed with Resolution No. 4460. Jim Newsome, Interim Director of Aviation, presented staff comments. This lease between the City and ABX Air, who is the aircraft operations division of Airborne Express, is a ground lease that covers the apron to be built adjacent to their new building in the new north air cargo complex on the west side of the airport. The lease is written for 114,120 square feet of land area that will accommodate an apron 317' X 360'. The apron and connecting taxiway to provide access to the runways is estimated at $2.7 million and will be built by the airport using PFC money which has already been approved by the FAA. The term of the lease is for 10 years with two 5-year extensions. It provides for an annual ramp use fee of $27,388.80 based upon the fees established for the 1995 base rate. This represents an increase from their current operation which includes only 30,000 square feet of ramp at an annual fee of $1,980 per year. This lease also provides for ABX to pay landing fees at the rate of 125 percent of approved landing fees paid by the Certificated Passenger Air Transportation Companies operating at Lubbock International Airport. At their current operating level they pay approximately $30,000 per year in landing fees. This lease was approved by the Airport Board and the staff recommended that the City Council approve. Motion was made by Mayor Pro Tem. Neugebauer, seconded by Councilmember Aderton to authorize Resolution #4460 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (50.) Consider Resolution #4461 authorizing the Mayor to sign a contract with Texas Tech University for campus bus service. RESOLUTION #4461 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 for bus service on the campus of Texas Tech University at Lubbock, Texas, and City Transit Management Company, Inc., 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. APRIL 14, 1994 Page 233 Passed by the City Council this 14th day of April, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson City Secretary APPROVED AS TO CONTENT: /s/ LgM V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Agreement between City Transit Management Company, Inc., Texas Tech University Health Sciences Center and the City of Lubbock, Texas is filed with Resolution No. 4461. John Wilson, General Manager of Citibus, presented staff comments. The contract ... with Texas Tech University (TTU) for transit services is for a one-year period beginning September 1, 1994, and ending August 31, 1995. Contract cost per hour will be $30.50 for each bus (an increase of $.75 per hour), with fuel cost adjustment above or below $1.05 per gallon. Citibus has had a contract with TTU since 1968, with the fuel cost adjustment being added to the contract in 1981. In accordance with the TTU contract, Citibus does not collect fares from its passengers. The City of Lubbock receives an equal amount from the Federal Transit Administration for each dollar collected from TTU. The additional funds are used to pay for system expenses which otherwise would have to be paid by the City. Citibus anticipates receiving $412,970 from TTU in FY95. Staff recommended approval of the TTU contract. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4461 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (51.) Consider Resolution #4462 amending the 1993-94 Budget to fund Phase Two of the Civic Center Roof Replacement project. RESOLUTION #4462 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 of Lubbock Budget Ordinance, the City Manager is authorized to make transfers between funds, accounts, departments or programs for municipal purposes; and APRIL 14, 1994 Page 234 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: $400,000.00 shall be provided from Fund 1491 (General Permanent Capital Maintenance Fund/Unreserved Undesignated Fund Balance) and $475,000.00 from Fund 1221 (Reserve for Convention and Tourism Capital Projects) to provide a total of $875,000.00 for funding of Phase Two of the Civic Center Roof Project. Passed by the City Council this 14th day of April, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Vicki Ka Vicki Key, Acting Civic Centers Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Vicki Key, Interim Director of Civic Centers, presented staff comments. The Civic Center roof project was begun during the 1992-93 fiscal year. Due to extensive deterioration of the gypsum deck, discovered during the demolition phase of the project, it became necessary to execute a change order on the project. This change order was presented and approved by the City Council at their January 27, 1994 City Council meeting. It provided for the elimination of the Exhibit Hall and Theater portions of the roof project and provided for the additional gypsum deck replacement, resulting in a net change to the original contract of $75,037. Council directed staff to research the financial options for completing the remainder of the roofing project and these options were presented during the March 24 work session. Council then directed staff to pursue the option of financing the remainder of the project during fiscal year 1993-94. The estimated cost of completing the repairs to the roof could be as much as $1,100,000. The funding source for this project will be as follows: $225,000 currently available from the Civic Center master plan project; $400,000 currently available in the Undesignated/Unreserved balance of the General Permanent Capital Maintenance Fund; APRIL 14, 1994 Page 235 $475,000 currently available in the Reserve for Convention and Tourism Capital Project. This reserve will be rebuilt using the portion of the 2 1/4 cents allocated to Civic Center debt service/Civic Center improvements. Due to the fact that the $225,000 available from the Civic Center Master Plan project can be transferred between accounts without Council action, the Budget Resolution addresses the remaining $875,000 and authorizes the City Manager to make the changes as follows: $400,000 shall be provided from Fund 1491(General Permanent Capital Maintenance/Unreserved Undesignated Fund Balance) and $475,000 from Fund 1221 (Reserve for Convention and Tourism Capital Projects) to provide a total of $875,000 for funding of Phase Two of the Civic Center Roof Project. Staff proposes that the $400,000 allocated from the GPCMF will be offset by reducing the project approvals for the Civic Center during fiscal year 1994/95. This will require some shifting in priorities by the Civic Center regarding capital projects for that year. The net result, however, is that the GPCMF balance will not be affected after all transactions are completed. Staff has also proposed, through an amended ordinance being presented as a separate agenda item, that the $475,000 allocated from the Reserve for Convention and Tourism Capital Projects be rebuilt using the 2 1/4 cents, currently allocated for debt service/Civic Center improvements, beginning in October of 1994. Staff recommended that the budget resolution be approved. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Ince to authorize Resolution #4462 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (52.) Consider Resolution #4463 authorizing the Mayor to sign an amendment to the existing agreement with Adling & Associates for architectural services for Phase Two of the Roof Replacement proiect at the Memorial Civic Center. RESOLUTION #4463 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 Amendment to Owner/Architect Agreement for roof replacement at the Lubbock Memorial Civic Center with Adling Associates Architects dated July 9, 1992, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of April, 1994. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APRIL 14, 1994 Page 236 APPROVED AS TO CONTENT: /s/ Vicki Kev Vicki Key, Acting Civic Centers Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Amendment the City of Lubbock and Adling Associates Architects is filed with Resolution No. 4463. Vicki Key, Interim Director of Civic Centers, presented staff comments. This resolution would amend the original agreement with Adling & Associates, which was a flat fee of $42,500, by an additional $14,800 The original agreement to provide specifications and drawings for the Civic Center roof project was approved by Council on July 9, 1992. A change order was approved by the City Council on January 27, 1994. At the time of the change order, staff recommended that the areas deleted from the original project be addressed through a separate project when funds became available. In the March 24, 1994 work session, staff presented funding options to Council and were instructed to proceed with the development and construction of the remainder of the roof project. The potential cost for the project is $1,100,000. It is staffs recommendation that the amendment to Adling's original agreement be approved in the amount of $14,800.00. Motion was made by Councilmember Ince, seconded by Councilmember Cooke to authorize Resolution #4463 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (53.) Consider Resolution #4464 authorizing a Sick Leave Incentive Program on a pilot basis in the Fire Department. RESOLUTION #4464 WHEREAS, the Fire Department of the City of Lubbock has proposed a sick leave incentive program to provide firefighters with a cash incentive for wellness; and WHEREAS, the City Council of the City of Lubbock believes that implementation of such a program will be in the best interest of both the employees and the citizens of the City of Lubbock in that it is expected to both improve efficiency and decrease sick leave costs; and WHEREAS, the Charter of the City of Lubbock provides at Chapter 1, Article IX, Section 23, that the City Council shall fix and determine the salaries and wages of all appointive officers and employees of the City; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the attached Sick Leave Incentive Program for the Lubbock fire Department is hereby approved for implementation on a trial basis and inclusion in the FY 1994-95 budget for the City of Lubbock. APRIL 14, 1994 Page 237 Passed by the City Council this 14th day of April, 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/ Don Stevens Don Stevens, Fire Chief APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Fire Chief Don Stevens and Nancy Haney, representative of the Organizational Development/Internal Training Task Force, presented staff comments. Experience in Lubbock and in other cities has shown that more than necessary use of sick leave by employees results in significant costs in terms of reduced productivity and overall personnel costs. Blatant sick leave abuse can be controlled to some extent by aggressive personnel management practices. However, a significant portion of sick leave usage is for situations where the employee is able to perform his or her duties, but "feels bad" and chooses to stay home. The Fire Department of Orlando, Florida, has implemented a cash incentive system for conservation of sick leave which has been well accepted by the employees and has reduced sick leave usage by approximately 40 percent. The Lubbock Fire Department has, in the past, experienced a significantly lower sick leave rate in pay periods where "Fair Labor Standards Act" (FLSA) overtime pay was reduced by the use of sick leave. When the policy was changed during 1993 to allow sick leave hours to be counted as hours worked for FLSA overtime calculations, the sick leave usage in those periods immediately increased. These are strong indicators that sick leave usage will be reduced when it results in a direct monetary impact for the employees. The proposed pilot program for the remainder of FY 1993-94 is projected to have a total direct cost for incentives of approximately $34,000 which would be payable in December 1994 from FY 1994-95 budget allocations. This cost is projected to be reduced by a savings of approximately $15,000 in call-back overtime costs during the remainder of FY 1993-94. Additionally, the program is projected to increase the average number of on -duty employees by an amount equivalent to approximately five additional full-time positions. Projections are based on an expected 40 percent reduction in sick leave usage as was experienced in Orlando. In addition to incentives for reduced sick leave use, the program also clarifies and further strengthens policies for controlling any blatant sick leave abuse. The program, if extended to future full years, would be expected to produce results at least as good as those projected above. If the program is implemented, impacts on sick leave usage will be closely monitored and projections for FY 1994-95 adjusted accordingly. APRIL 14, 1994 Page 238 It is recommended that this program be implemented in the Fire Department for the remainder of FY 1993-94 and that it be considered for other departments in the future if results are favorable. Motion was made by Councilmember Ince, seconded by Councilmember Aderton to authorize Resolution #4464 as recommended by staff. Motion carried: 6 Yeas.- 0 Nays. (54.) Consider Resolution #4465 ratifying a grant application to the Texas Natural Resource Conservation Commission (TNRCC) for a Community Waste Reduction and Recycling Grant. RESOLUTION #4465 WHEREAS, the City Council is in favor of strengthening the joint efforts of the City of Lubbock and the State of Texas for environmental protection; and WHEREAS, the City Council is supportive of the many recycling programs currently operated by Lubbock Solid Waste Management; and WHEREAS, the City Council is supportive of City of Lubbock Solid Waste Management's proposed Community Waste Reduction & Recycling Program; and WHEREAS, the City Council is supportive of City of Lubbock Solid Waste Management's application to secure partial grant funding for the program, a copy of which is attached hereto as Exhibit A. WHEREAS, the City Council feels that such a program is beneficial to the Lubbock community; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT should the requested grant be awarded, the City of Lubbock will comply with the provisions of he fiscal reimbursement and reporting requirements of the State of Texas. SECTION 2. THAT grant funding awarded in response to this proposal will be used only for the purposes for which it is provided. SECTION 3. THAT the proposed project is in compliance with and supports local and regional solid waste management plans and programs applicable to the South Plains area. Passed by the City Council this 14th day of April, 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/ Lee E. Ramirez Lee E. Ramirez, Solid Waste Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney APRIL 14, 1994 Page 239 A copy of the Texas Natural Resource Conservation Commission Community Waste Reduction, Recycling, and Composting Grant Application Form is filed with Resolution No. 4465. The Texas Natural Resource Conservation Commission has released a Request for Proposals for recycling and waste reduction projects. This RFP is part of the Municipal Solid Waste Related Community Assistance Grants program which is funded from the $1.25 state landfill surcharge. prior to submittal of the application. Community Waste Reduction and Recycling Grants - $450,000 is available for the establishment or enhancement of programs or activities designed to reduce the generation of residential solid waste and to increase the collection and processing for reuse, recycling, and/or composting of various components of residential solid waste. The maximum award amount is $100,000. The Solid Waste Management staff has written a grant request in the amount of $95,230 to be used by the City of Lubbock to purchase the capital equipment needed for the City to operate its own recycling processing facility. The City of Lubbock has recently accepted bids for the processing and marketing of recyclables. The low bid for the processing and marketing of the recyclables was $97.50 a ton. That is more than double the $47.25 per ton rate staff have been paying thus far. At the new rate, the costs for this portion of our recycling program would be approximately $110,000 a year. Therefore, staff recommended that the City of Lubbock operate its own recycling processing facility. The projected start date for this project is Spring 1995. Impact on Operating Budget - Our analysis indicates that the implementation of this project will have no net impact on our operating budget. Temporary r.w employees would be used to separate the recyclables. Funding for the temporary workers will come from the $87,000 line item in the current budget already designated for sorting labor. Existing staff would oversee the operation of the program. In the future, our budget may be impacted by the costs associated with the replacement and maintenance of the equipment. The TNRCC will award grant funding to eligible entities to implement projects under this program area. By securing grant funding, the City can operate its own processing facility, thus realizing greater efficiency, retain more of the revenues from the selling of recyclables, and provide for future growth in recycling. Staff recommended approval of the grant application. Motion was made by Councilmember Aderton, seconded by Councilmember Cooke to authorize Resolution #4465 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (55.) Consider Resolution #4466 ratifying a grant application to the Texas Natural Resource Conservation Commission (TNRCQ for a Composting/Yard Trimmings Management grant. RESOLUTION #4466 WHEREAS, the City Council is in favor of strengthening the joint efforts of the City of Lubbock and the State of Texas for environmental protection; and WHEREAS, the City Council is supportive of the many recycling programs currently operated by Lubbock Solid Waste Management; and WHEREAS, the City Council is supportive of City of Lubbock Solid Waste Management's proposed Comprehensive Composting program; and APRIL 14, 1994 Page 240 WHEREAS, the City Council is supportive of City of Lubbock Solid Waste Management's application to secure partial grant funding for the program, a copy of which is attached hereto as Exhibit A. WHEREAS, the City Council feels that such a program is beneficial to the Lubbock community; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT should the requested grant be awarded, the City of Lubbock will comply with the provisions of the fiscal reimbursement and reporting requirements of the State of Texas. SECTION 2. THAT grant funding awarded in response to this proposal will be used only for the purposes for which it is provided. SECTION 3. THAT the proposed project is in compliance with and supports local and regional solid waste management plans and programs applicable to the South Plains area. Passed by the City Council this 14th day of April, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: %s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Lee E. Ramirez Lee E. Ramirez, Solid Waste Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Texas Natural Resource Conservation Commission Composting/Yard Trimmings Management Grants Application Form is filed with Resolution No. 4466. The Texas Natural Resource Conservation Commission has released a Request for Proposals for composting and yard trimmings management projects. This RFP is part of the Municipal Solid Waste Related Community Assistance Grants program which is funded from the $1.25 per ton state landfill surcharge. The TNRCC has informed staff that $610,000 is available for the design and implementation of yard trimmings, reduction/minimization demonstration programs and/or municipal solid waste composting programs. The maximum award amount is to be no more than $100,000. The Solid Waste Management staff has written a grant request for $95,630 to be used to implement a pilot residential yard waste collection program and to begin composting operations at the City of Lubbock landfill. These grant funds will be used to purchase a windrow turner (or to retrofit a front-end loader), brown collection bags, and public education materials. TNRCC chairman John Hall has indicated that during the next legislative session the TNRCC will support legislation to ban yard waste from landfills. If in the APRIL 14, 1994 Page 241 future yard waste is banned from landfills, Lubbock would have to either provide for a separate collection of the yard waste or prohibit it from being placed in the dumpsters and let citizens dispose of it on their own. This grant will allow us to be proactive. Staff proposes to implement and test two projects which provide separate collection and the subsequent composting of yard waste. It is proposed that pilot projects be implemented in the UNIT and Heart of Lubbock neighborhoods. These neighborhoods were selected because of their demographic diversity, central locations, and the strength and support of their neighborhood associations. In one neighborhood, staff will distribute biodegradable paper bags to residents. Residents can place grass, leaves, and small branches in the bags. Once a week residents can place their full bags in the alleys for collection. In the second neighborhood, certain existing dumpsters will be designated as "yard waste only" dumpsters. The grant application proposes a Summer 1995 start time on this activity. Impact on Operating Budget - Our analysis indicates that the implementation of this project will not increase our operating budget. No additional staff will be hired for this project during the first year of operation. If staff cannot do this program within our existing resources, the projected costs for additional labor would be $7,280. The reduction in the regular waste load should allow time for additional runs for the yard waste within the standard operating schedule. Staff recommended that the Council approval of the grant application. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4466 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (56.) Consider Resolution #4467 authorizing acceptance of water and sanitary sewer improvements for Lots 1 through 102, Remington Park Addition. RESOLUTION #4467 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 THROUGH 102, REMINGTON PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1 through 102, Remington Park 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 $124,889.10, with the improvements constructed by Utility Contractors of America having a value of $84,190.62, as determined by the unit prices established by said Chapter 28 and $40,698.48 cash paid to the City, which amount includes $37,858.43 for adjacent lines with Lubbock Land Company, the developer, to receive a refund of $11,521.39 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. APRIL 14, 1994 Page 242 SECTION 2. THAT the refundable cost in the amount of $11,521.39 be made in accordance with said Chapter 28. N 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 14th day of April, 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 Utilities Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Terry Ellerbrook, Assistant Director of Water Utilities Operations, presented staff comments. This is a routine acceptance of water and sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $124,889.10 including value of construction costs of $84,190.62 and $40,698.48 cash paid to the City of Lubbock. The developer, Lubbock Land Company, will receive a refund of $11,521.39 in accordance with Chapter 28 of the Code of the City of Lubbock. There is no refund of deposit. Staff recommended acceptance of these improvements. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4467 as recommended by staff. Motion carried: 5 Yeas; 0 Nays --Mayor Pro Tern Neugebauer recused and excused himself from discussion and voting. (57.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071 1 A to discuss pending or contemplated litigation ater Utilities and Building Services). (58.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074 (a)(1), to discuss personnel matters (City Secretary and City Manager). (59.) Consider Resolution #4468 authorizing the Mayor to establish an Ad Hoc Hotel/Motel Tax Review Committee. RESOLUTION #4468 WHEREAS, the City Council has heretofore indicated a need to analyze opportunities for consolidation and better coordination of resources for the promotion of cultural life and develop ways to increase tourism with an increase in hotel/motel tax; NOW THEREFORE: APRIL 14, 1994 Page 243 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT there is hereby created a Hotel/Motel Tax Review Committee to examine current recipients and uses of the hotel/motel tax and recommend opportunities for consolidation and coordination of efforts. In addition, this committee would recommend ways to increase tourism with a focus on increasing hotel/motel tax revenues. SECTION 2. THAT this committee shall be composed of fifteen members to be appointed by the Council from the community. SECTION 3. THAT in keeping with this Council directive, this committee will not be a permanent committee, but will be disbanded upon presentation of its findings and recommendations. Implementation of any recommendations will be accomplished by City staff or other organizations at the direction of the Council. SECTION 4. THAT the Council will select a chairperson and vice chairperson from the committee members and the committee shall establish its own rules of order. The committee shall meet at such times and places as it deems necessary to carry out the purpose for which it was appointed. The committee shall provide to the Council within 30 days after its initial meeting, a time frame in which it expects to accomplish its mission. SECTION 5. THAT the director of Culture and Leisure shall serve as staff liaison to the committee and shall serve as secretary of the committee. The Secretary shall maintain a record of attendance and minutes of the meetings, to be filed with the City Secretary. SECTION 6. THAT the Committee herein created and subsequently appointed `"' by the City Council shall serve at the will of the City Council until such time as the City Council determines the work of the committee is completed. Passed by City Council this 14th day of April, 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/ Carolyn Aliamus Carolyn Aliamus, Director of Culture and Leisure Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Carolyn Aliamus, Director of Leisure Services, presented staff comments. One of the Council goals for 1993-94 was to analyze the opportunities for consolidation and better coordination of resources for the promotion of cultural life and develop ways to increase tourism with a more defined use of the hotel/motel tax revenues. APRIL 14, 1994 Page 244 The Council has indicated a desire to form a committee of citizens who are interested and actively involved in travel and related industries. It is proposed that the committee be made up of 10 people who would examine the current recipients and uses of the hotel/motel tax and recommended opportunities for consolidation and coordination of efforts. In addition, this committee would recommend ways to increase tourism with a focus on increasing hotel/motel tax revenues. In keeping with the Council's directive, this committee would not be a permanent committee, but rather be disbanded after having accomplished its mission. Implementation of any recommendations would be done by City staff or other organizations at the direction of Council. Staff recommended approval of this resolution. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Patterson to authorize Resolution #4468 as recommended by staff, with an increase in the number of members from 10 to 15. Motion carried: 6 Yeas; 0 Nays. (60.) Discuss personnel matters regarding duties, responsibilities, and/or appointments to Ad Hoc Hotel/Motel Tax Review Committee. It was consensus of Council to hold this item for a future agenda. (61.) Consider appointment of Roberta Davis, Diane Dotson, James Tuttle, Kelly Marble, Cathy Jones, and Mia Diekemper to the Keep Lubbock Beautiful Advisory Committee. Motion was made by Councilmember Aderton, seconded by Mayor Pro Tern Neugebauer to appoint Roberta Davis and Diane Dotson and to reappoint James Tuttle, Kelly Marble, Cathy Jones, and Mia Diekemper to the Keep Lubbock Beautiful Advisory Committee. Motion carried: 6 Yeas; 0 Nays. (62.) Consider appointment of Mary Valentini to the Human Relations Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Aderton to appoint Mary Valentini to the Human Relations Commission. Motion carried: 6 Yeas; 0 Nays. (63.) Consider appointment of Alice Moreno Kerr, Joe May, and Anna Jenkin to the Parks and Recreation Board. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Patterson to reappoint Alice Moreno Kerr, Joe May and Anna Jenkin to the Parks and Recreation Board. Motion carried: 6 Yeas; 0 Nays. (64.) Consider appointment of Ken Flagg and Robert Sanders to the Zonin Board of Adiustment. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Neugebauer to reappoint Ken Flagg and Robert Sanders as i ,�.;ummended by staff. Motion carried: 6 Yeas; 0 Nays. APRIL 14, 1994 Page 245 There being no further business to come before Council, motion was made by Councilmember Ince, seconded by uncilme er Patterson to adjourn the meeting at 1:58 P.M. Motion carried: 4 Yea - 0 Nays --Ma r Pro ebauer, Councilmember Hernandez, and COLmcil derto a absent m the c ambE VID R. LA14GSTON, MWYOR ATTEST: gica'— )kKk betty . Johnson, Ofty Secretary Read and approved this the 28th day ATTEST: _ _ �°� Betty M. Johnson, City Secretary