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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/26/1994May 26, 1994 Page 321 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MAY 26, 1994 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 26th day of May 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 Victor Hernandez, Councilmember T. J. Patterson, Councilmember Windy Sitton, Councilmember Max L. Ince, Councilmember Alex Cooke, City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary Betty M. Johnson. Mayor Langston called the meeting to order at 10:44 A.M. ( 1.) The Invocation was given by Mark Hindman, Director of Support Services. ( 2.) Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Mayor Langston proclaimed May 26, 1994, as Murfee Elementary School Iliad Day, in recognition of their victory in State competition and for their future competition at the Odyssey of the Mind World Event. The Murfee Elementary School's Iliad Team recently won in Odyssey of the Mind State Competition and will advance to the World Competition held in Ames, Iowa, later this summer. This is the third year that the Murfee team has won on the state level and advanced to world competition. Mayor Langston proclaimed May 26, 1994, as Murfee Elementary School Iliad Day. (4.) Carolyn Aliamus appeared to request a loudspeaker permit for a backyard dinner and dance. Ms. Aliamus requested the loudspeaker permit for a private party celebration. The request was for Sunday, May 29, 1994, from 8 p.m. to 12 midnight. All residents in the area were petitioned and all contacted approved the event. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to approve the loudspeaker permit request. Motion carried: 7 Yeas; 0 Nays. ( 5.) Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve the minutes of the May 26 Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. May 26, 1994 Page 322 (6.) ORDINANCE #9707--Authorizing the installation of a traffic signal at Lubbock Christian University entrance (also known as Eileen Boulevard) and 19th Street (State Highway 114) ORDINANCE #9707 AN ORDINANCE AUTHORIZING A NEW TRAFFIC SIGNAL AT EILEEN BOULEVARD AND 19TH STREET; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9707 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (8.) Consider a resolution authorizing the Major to execute Master Services Agreement between the City of Lubbock and First Health Strategies, Inc. This item was postponed until the June 9, 1994, Regular City Council Meeting. (9.) BID #12925--Spray Paint Booth, and authorize same (Electric Distribution). RESOLUTION #4498 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Spray Booth Systems, Inc. of Fort Worth, Texas to furnish and install all materials as bid for the Spray Paint Booth, 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 26th day of May, 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 First Assistant City Attorney May 26, 1994 Page 323 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 26th day of May, 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 Spray Booth Systems, Inc. of the City of Ft. Worth, County of Tarrant, 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. 12925 -- Spray Paint Booth in the amount of $23,912.00 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: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Lan sg ton Mayor CONTRACTOR: SPRAY BOOTH SYSTEMS, INC. By: Title: Vice President COMPLETE ADDRESS: 5124 Kaltenbran Rd. Ft. Worth, Texas 76119 May 26, 1994 Page 324 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4498 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (10.) BID #12943--Paratransit Van (Citibus). Lasseter Bus Company— 1 ea. Paratransit Van. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (11.) BID #2958--Concession and Vending Rights (Culture and Leisure Services). RESOLUTION #4499 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 Vending Agreement and all related documents by and between the City of Lubbock and Pepsi Cola Company of Lubbock to furnish concession services at the City of Lubbock swimming pools, 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 26th day of May, 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 The Vending Agreement for City of Lubbock Swimming Pools between the City of Lubbock and Pepsi Cola Company is filed with Resolution No. 4499. RESOLUTION #4500 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 Concession Agreement and all related documents by and between the City of Lubbock and DMR Company of Lubbock, Texas to furnish concession services at the City of Lubbock swimming pools, 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. May 26, 1994 Page 325 Passed by the City Council this 26th day of May, 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 The Concession Agreement for City of Lubbock Swimming Pools between the City of Lubbock and DMR Company is filed with Resolution No. 4500. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolutions #4499 and #4500 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (7.) Consider Resolution #4501 authorizing the Mayor to execute a contract for bank depository services for the City of Lubbock. RESOLUTION #4501 The contract between American State Bank and the City of Lubbock to provide depository services expires on May 31, 1994. On February 25, 1994, in accordance with statutory requirements (Local Government Code Chapter 105: DEPOSITORIES FOR MUNICIPAL FUNDS), the City solicited applications from qualifying institutions to provide depository services for a five-year period. The City sent out 11 applications and received 4 responses. One response was to report that there would be no response. Of the three that submitted applications for consideration, proposed fees were applied to the volume of activity that existed from April 1, 1993, through March 31, 1994 (to determine a comparable cost between banks). Sweep account earnings were then projected and netted by costs to yield projected net earnings. First National Bank offered the highest net earnings rate. However, their proposal stated the following: "Fees shall be charged on standard prices and may change at the sole discretion of First National Bank of West Texas without prior notice." American State Bank's proposal offered firm fees and charges for the duration of the contract. First National Bank's projected net earnings are higher if fees remain the same over the life of the contract, but First National Bank does not offer a fixed rate over the life of the contract. Therefore, staff recommended the next highest projected net earnings with the bank that will commit to constant fees and charges. Staff recommended executing the depository contract with American State Bank. May 26, 1994 Page 326 Motion was made by Councilmember Ince, seconded by Councilmember Sitton to reject all bids and rebid. Staff recommended that Council approve the rebidding at 3- and 5-year intervals. Motion carried: 5 Yeas; 0 Nays --Mayor Langston recused and excused himself from discussion and voting on the item; Councilmember Cooke abstained from voting. (12.) ZONE CASE NO. 2732 (7325 W. 19th Street)--Reguest of James E. Wilson for a zoning chance from R-1/T to C-4 with limited uses on a .321 acre tract out of Section 42, Block AK, and consider ordinance. ORDINANCE #9709 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2732; A ZONING CHANGE FROM R-1/T TO C-4 ZONING WITH LIMITED USES ON A. 321 ACRE TRACT OUT OF SECTION 42, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:04 A.M. Randy Henson, Senior Planner, presented the request of James E. Wilson for a zoning change from R-1/T to C-4 with limited uses on a .321 acre tract out of Section 42, Block AK. No one appeared in opposition to the zone change. Mayor Langston closed the hearing at 11:05 A.M. Mr. Wilson has acquired the building formerly used as the Carlisle Community Center. Adjacent land uses: North - residential South - commercial East - commercial West - commercial The Comprehensive Land Use Plan notes this section of 19th as commercial. The request will have little or no effect on traffic. The Planning and Zoning Commission recommended approval of this request by a vote of 5-0 subject to the following conditions: Uses unconditionally permitted in the C-4 zoning district except: a. Automobile body shop; b. Billboards; C. Commercial private clubs and teenage clubs; d. Dance hall; e. Feed store; f. Used furniture store; g. Gameroom (except as an incidental use in a restaurant), pool, billiard and/or domino parlor; h. Motorcycle shop; i. Second-hand goods store or pawn shop; j. Used car lot; and k. Nightclubs May 26, 1994 Page 327 2. A site plan, including building elevations showing materials, color, and texture, shall be submitted and approved by the Planning and Zoning Commission prior to the issuance of a building permit for any future construction on the property. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to pass on first reading Ordinance #9709 with conditions recommended by P&Z and City staff. Motion carried: 7 Yeas; 0 Nays. (13.) ZONE CASE NO.2733 (2424 34th Street) --Request of A.M.T., Inc. (for Estates Trusts, Inc.) for a zoning change from C-3 to C-4 limited to auto service uses with no overhead door from the alley and all permitted C-3 uses on the north 130' of 14, 15, 16, 17 and 18, Block 5. Massey Height Addition; and a portion of Block 4, G. F. Copp Addition, and consider ordinance. ORDINANCE #9710 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2733; A ZONING CHANGE FROM C-3 TO C-4 ZONING, LIMITED TO AUTO SERVICE USES AND ALL PERMITTED C-3 USES, ON THE NORTH 130 FEET OF LOTS 14, 15, 16, 17 AND 18, BLOCK 5, MASSEY HEIGHTS ADDITION, AND A PORTION OF BLOCK 4, G. F. COPP ADDITION; LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 11:07 A.M. "' Tom Anagnostis appeared on behalf of Estates Trusts, Inc. to present this request for zone change from C-3 to C-4 limited to auto service uses with no overhead door from the alley and all permitted C-3 uses on the north 130' of 14, 15, 16, 17 and 18, Block 5, Massey Height Addition; and a portion of Block 4, G.F. Copp Addition. No one appeared in opposition to the zone change. Mayor Langston closed the hearing at 11:10 A.M. Randy Henson, Senior Planner, presented staff comments. The current zoning for this tract is C-3. As described, the proponent wishes to add 9 uses of the allowed in the C-4 District: Automobile Body Shop (no outside storage of wrecked vehicles); Automobile Brake Shop; Automobile Glass Shop; Automobile Sales and Service; Automobile Seat cover and Upholstery Shop; Automobile Transmission Shop; Automobile Muffler Shop; Automobile Public Repair Garage; and Wholesale House, Sales, Office and Storage. Adjacent land uses: North - residential South - commercial East - commercial West - commercial May 26, 1994 Page 328 The Planning and Zoning Commission recommends approval of this request by a vote of 5-0 subject to the following conditions: All unconditionally permitted C-3 uses and the following C-4 uses: a. Automobile body shop (no outside storage of wrecked vehicles; b. Automobile brake shop; c. Automobile glass shop; d. Automobile sales and service; e. Automobile seat cover and upholstery shop; f. Automobile Transmission Shop g. Automobile muffler shop; h. Automobile public repair garage; I. Wholesale house, sales, office and storage; 2. Overhead doors shall be permitted on the east, west and south sides of the building. There shall be no overhead doors on the alley side of the property. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Cooke to pass on first reading Ordinance #9710 with conditions recommended by P&Z and City staff. Motion carried: 7 Yeas; 0 Nays. (14.) Hold a public hearing for the Emergency Shelter Grant Program. Mayor Langston recused and excused himself from discussion and voting on this item and turned over control of the meeting to Mayor Pro Tern Neugebauer. Councilmember Hernandez also recused and excused himself from discussion and voting on this item. Bernadette Mitchell, Account Analyst, presented staff comments. A condition of the City of Lubbock's application to the U.S. Department of Housing and Urban Development for the Emergency Shelter Grant Program is that a public hearing must be held. The Emergency Shelter Grant Program is an Entitlement Grant that has been received by the City of Lubbock since 1987 to assist in the provision of services to the homeless. The City of Lubbock's Fiscal Year 1994 allocation is $95,000. The emphasis of the grant is the renovation and rehabilitation of facilities and homeless prevention activities. A subcommittee of the Community Development Advisory Committee reviewed the project proposals. The total amount of requests is $150,857, which includes 5 percent administrative costs. The applications for funding were reviewed by a subcommittee comprised of Rev. Larry Brooks, Vera Gonzalez, Marjorie Manning, Abraham Spires, and Hilda Adams. Upon review of the project proposals and hearing the presentations from the non- profit representatives, the subcommittee recommended the following projects for the funding: Salvation Army $34,800 Women's Protective Services 39,050 Guadalupe Economic Services, Inc. 16,400 Administration 4.750 TOTAL $95,000 May 26, 1994 Page 329 The goal of the Emergency Shelter Grant Program is to direct funds for the homeless so that these persons have access not only to safe and sanitary shelter, but also to the supportive services and other kinds of assistance they need to improve their situations. The proposals for Women's Protective Services and Guadalupe Economic Services Corporation include the rehabilitation of facilities. Additionally, the Women's Protective Services proposal includes funding for essential services which are those services dealing directly with employment, physical health, mental health, substance abuse, education, or food; and operating assistance for the shelter. The Salvation Army's proposal includes operations, essential services and homeless prevention activities. Homeless prevention activities include the provision of financial assistance to patrons who are unable to pay rent, or whose utilities are cut off due to loss of jobs or who experience other financial difficulties beyond their control. One of the primary causes of homelessness is the loss of jobs. Although the Community Housing Resource Board submitted a grant proposal in the amount of $39,705, it is not recommended for funding. This is because The Salvation Army already has a program of homeless prevention with rent assistance and Guadalupe Economic Services already has a transitional housing program under the City's HOME grant and provides other transitional housing services. Having reviewed all four proposals, and in light of the limited funding available, staff supports the recommendation of the review committee. Mayor Pro Tern Neugebauer opened the public hearing at 11:15 a.m. Ms. Margy McMennamy, representing the Community Housing Resource Board, an organization that did not receive funding, informed Council that the Community Housing Resource Board had received state funding. Mayor Pro Tern Neugebauer closed the public hearing at 11:21 a.m. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve the recommendations of the review committee from the Emergency Shelter Grant Program. Motion carried: 5 Yeas; 0 Nays --Mayor Langston and Councilmember Hernandez recused. (15.) Consider Resolution #4502 authorizing the Mayor to sign contracts with the Texas Department of Housing & Community Affairs to assist low-income families with weatherization services. RESOLUTION #4502 WHEREAS, the City of Lubbock has been offered two (2) Contracts from the Texas Department of Housing and Community Affairs to administer a program to weatherize the homes of low income families in Lubbock County; and WHEREAS, the City Council of the City of Lubbock believes it to be in the best interest of the health, safety and welfare of the citizens of the County of Lubbock to make it possible for low income families to conserve energy and to reduce their energy costs; and WHEREAS, this is an annually renewable contract that the City of Lubbock has participated in for the last several years; NOW THEREFORE: 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 two (2) Contracts and related documents with the Texas Department of Housing and Community Affairs for the May 26, 1994 Page 330 Weatherization Assistance Program in the anticipated amount of $117,676.00 for the period of April 1, 1994 through March 31, 1995. Said Contracts are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 26th day of May, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Tony Reyes Tony Reyes, Housing & Rehabilitation Coordinator APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney The Texas Department of Housing and Community Affairs Contract No. 565048 for the DOE/Oil Overcharge Weatherization Assistance Program is filed with Resolution No. 4502. Tony Reyes, Housing Coordinator, presented staff comments. The City of Lubbock has participated in the State Weatherization program for several years. The program provides replacement of windows, doors and installation of attic insulation, weather-stripping and other cost-cutting weatherization repairs. The total Weatherization Grant is $117,676.00 and the contract period is from April 1, 1994 to March 31, 1995. The program allows funding of 92 percent for direct services and 8 percent for administration. The repairs cannot exceed $1,800.00 per home and the program is restricted to Lubbock County. In the last funding year, 48 housing units were weatherized for low income families. Of these 48 housing units weatherized, 35 were within the City and 13 were outside the City. It is anticipated that under the new State Weatherization contract 57 housing units will be weatherized. Staff recommended approval of these contracts. Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to authorize Resolution #4502 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (16.) Consider Resolution #4503 authorizing the Mayor to execute a contract with the Texas Deaartment of housing and Community Affairs to assist the homeless. RESOLUTION #4503 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Application and all related May 26, 1994 Page 331 documents by and between the City of Lubbock and the Texas Department of Housing and Community Affairs for services to homeless individuals during 1994-95, 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 26th day of May, 1994. /s/ David R. Lansg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Sylvia A. Martinez -Flores Sylvia A. Martinez -Flores, Manager of Community Development and Neighborhood Initiatives APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Community Service Homeless Grant Program (EHP) Exhibit A Performance Statement Form is filed with Resolution No. 4503. Sylvia Martinez -Flores, Manager of Community Development and Neighborhood Initiatives, presented staff comments. The State of Texas will receive $979,637 from the U.S. Department of Health and Human Services for the FY 1994 Emergency Community Services Homeless Grant Program. This grant will be administered by the Texas Department of Housing and Community Affairs under the provisions of Subtitle D of Title VII of the Stewart B. McKinney Homeless Assistance Act (Public Law 101-645). The City of Lubbock will be awarded $13,550 to administer the Emergency Homeless Program Grant. This is an increase in funding from last year by 4.5 percent. These funds are available from April 1, 1994 to March 31, 1995. This grant is to be utilized primarily to assist in the prevention of homelessness. The funding of this year's grant will assist 49 households with rent (prevention of homelessness) and resource and referral. Five hundred dollars ($500) is to be allocated towards training and travel. It was the staffs opinion that this grant meets urgent needs in our community and they therefore recommended approval. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to authorize Resolution #4503 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. May 26, 1994 Page 332 (17.) Consider Resolution #4504 authorizing the Mayor to execute a contract with Community Health Center of Lubbock, Inc., to provide for local area network (LAN) hook-up. RESOLUTION #4504 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 between the City of Lubbock and Community Health Center of Lubbock, Inc., to provide technical support for the administration of the local area network (LAN) and the Client Access Pilot Software (CAPS). 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 26th day of May, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Sylvia A. Martinez -Flores Sylvia Martinez -Flores, Community Development and Neighborhood Initiatives Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Assistant City Attorney A copy of the Agreement Between City of Lubbock and Community Health Center of Lubbock, Inc. is filed with Resolution No. 4504. Sylvia Martinez -Flores, Manager of Community Development and Neighborhood Initiatives, presented staff comments. The Community Health Center of Lubbock (CHCL) is a non-profit corporation which provides a variety of services to meet the basic needs of citizens in our community. CHCL has received a grant from the Health and Human Services Commission of the State of Texas for the implementation and funding of the HB7 Pilot Project. Among the goals of that project are the implementation of a computer -based integrated eligibility determination system and the implementation of a coordinated information and referral system of all available services. The City's Community Development and Neighborhood Initiatives Department (Information and Referral Office) and the f',t� Health Department have been working with CHCL since February 1992 on this project. The City of Lubbock Information Services Department has been serving to coordinate automation efforts as well. The contract will provide funding whereby CHCL will compensate the City's Information and Referral system for LAN (Local Area Network) administration. The contract is in the amount of $27,828 and runs through August 31, 1994. May 26, 1994 Page 333 The staff is highly supportive of the 1-1137 Project as it will provide a number of comprehensive services which can be accessed through the LAN system. Staff recommended approval of this contract. Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to authorize Resolution #4504 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (18.) Consider Resolution #4505 authorizing the Mayor to execute a grant appli- cation, for the amount of $107,535 to the U.S. Public Health Service Department of Health and Human Resources for their Categorical Grant Program to provide outpatient early intervention services with respect to HIV disease. RESOLUTION #4505 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 application and associated documents for grant funding under the Categorical Grant Program to provide outpatient early intervention services with respect to HIV Disease, attached herewith, by and between the City of Lubbock and the U. S. Public Health Service Department of Health and Human Resources, which application shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of May, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Health Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Application for Federal Assistance is filed with Resolution No. 4505. Doug Goodman, Health Director, presented staff comments. La Clinica de Buena Salud was established in October 1991 to increase the availability of early primary care for HIV infected individuals. La Clinica, although housed at the Health Department, was funded through a Public Health Services grant which was administered by Guadalupe Economic Services Corporation (GESC). However, until November 1993 this program received yearly funding in the amount of $156,000 from the Public Health Service under Title III, Ryan White Federal Grant Program. The grant was administered by GESC, a local non-profit health May 26, 1994 Page 334 organization, with the Health Department providing facilities and staff for the clinic. In November 1993, when federal funding to GESC was discontinued, the City of Lubbock Health Department, the South Plains AIDS Resource Center (SPARC), University Medical Center, and the Lubbock HIV/AIDS Consortium united to continue to provide these needed services. Since its inception, La Clinica has enrolled over 165 individuals with a current active caseload of 110. Most clients have no medical insurance and are considered to have very low income, according to the CDBG Program Guidelines. Statistics indicate that 96.3 percent of current patients have annual incomes less than $12,250. The remaining 3.7 percent have an annual income of less than $19,600. La Clinica has been able to provide health care for individuals early in their infection state, as well as end stage care, to individuals who otherwise would be unable to access preventive health care. Because of the current active caseload and the need for the service to continue, the partnership mentioned above felt that efforts needed to be made to continue these needed services. The Health Department underwrote the costs of pharmaceuticals, professional services, and dental care referrals using the fees -for -service generated by our clinics. SPARC provided case management and pharmaceuticals. UMC provided laboratory services, which are the single most expensive line item in the budget to run the clinic. This combination of service providers working together has enabled La Clinica to remain open; however, most of the funds being used to keep the clinic open are temporary in nature. La Clinica cannot continue to operate indefinitely unless a more stable source of funding is found. Therefore, in order to secure more permanent funding, the Health Department is requesting authorization to submit a grant application to the Public Health Service requesting $107,535 to continue to fully fund La Clinica de Buena Salud. The money will be used to pay for the professional services, laboratory services, dental referrals, phar- maceuticals, and staff development which is being currently provided by the partnership group. One of the recommendations required to be eligible for the Public Health grant is that the recipient of the grant also be a primary health care provider. Although the Health Department is not a primary health care provider, and the chances of being awarded the grant are not extremely high, we do feel that the Health Department needs to make efforts to find the necessary resources to be able to continue to provide the needed services for persons with HIV and AIDS. The Health Depart- ment staff recommended approval. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4505 as recommended by staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Hernandez absent from Council Chambers. (19.) Consider Resolution #4506 authorizing a grant application to the Texas Natural Resource Conservation Commission for a Comprehensive Waste Reduction. Recycling. and Composting Grant. RESOLUTION #4506 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 May 26, 1994 Page 335 WHEREAS, the City Council is supportive of City of Lubbock Solid Waste Management's proposed Comprehensive Composting 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 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 26th day of May, 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 Lee Ramirez, Solid Waste Superintendent, presented staff comments. The Texas Natural Resource Conservation Commission (TNRCC) has released a Request for Proposals (RFP) for municipal solid waste reduction, recycling and composting programs. 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 Solid Waste Management staff that $1.5 million in grant funds are available for projects that establish or enhance comprehensive programs designed to: 1) reduce the generation of municipal solid waste; or 2) increase the collection, handling, and marketability for reuse, recycling, and/or source separated composting of various components of municipal solid waste. The maximum award amount is $500,000. 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 future, yard waste is banned from landfills, Lubbock would have to 1) provide for a separate collection of the yard waste, or 2) prohibit it from being placed in the May 26, 1994 Page 336 dumpsters and let citizens dispose of it on their own. This grant will allow us to be proactive and prepare for the imminent yard waste disposal ban. By implementing pilot programs now, the City will be better prepared when the mandates come from Austin. Therefore, 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. The Heart of Lubbock Neighborhood Association has formally agreed to participate in the program if it is implemented. In addition, the Heart of Lubbock Neighborhood Association has written a letter of support for this project. The UNIT neighborhood has not formally committed to participating in this project at this time. Impact on Operating Budget -- Our analysis indicates that the implementation of this project will not materially increase our operating budget. No additional staff will be hired for this project during the first year of operation. The reduction in the regular waste load should allow time for additional runs for the yard waste within the standard operating schedule. Impact on Landfill Operations -- The establishment of composting operations at the City of Lubbock landfill should have no negative impacts on our current operations. The implementation of a composting site will require a minor modification of our operating permit. This modification can be accomplished via a letter of request to the TNRCC. The TNRCC will award grant funding to eligible entities to implement projects under this program area. Staff feels that a ban on yard waste at Texas landfills is imminent; thus, Lubbock can be proactive and request grant funding now to assist in developing projects for the future. Staff recommended approval of this grant application. Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to authorize Resolution #4506 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (20.) Consider Resolution #4507 authorizing the Mayor to sign a Contract between the City of Lubbock and MWM Architects. Inc. for professional architectural and engineering services related to the Branch Library Development Plan. RESOLUTION #4507 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, attached herewith, by and between the City of Lubbock and MWM Architects, Inc., and any associated documents., v,,hich Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. May 26, 1994 Page 337 Passed by the City Council this 26th day of May, 1994. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jeff Rippel Jeff Rippel, Library Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Standard Form of Agreement Between Owner and Architect is filed with Resolution No. 4507. Jeff Rippel, Library Director, presented staff comments. For the construction of two library branches, approved in the 1993 Capital Improvement Program, the City undertook evaluation of proposals from qualified architectural and engineering services firms. The selected firm will conduct preparation of necessary preliminary and final plans, including architectural, engineering, and interior planning/space utilization, in accordance with the Library's Building Program document. The firm will be involved through bidding, construction, and occupancy/post-occupancy evaluation, on both branches. In mid -January 1994, the City solicited requests from qualified firms. Written proposals were received at the City's Purchasing Department by the January 28 deadline. Proposals were received from ten firms. The City Manager appointed six persons from various areas of the management staff of the City, plus the Chairman of the Library Board, to serve on the review committee. Following is the tabulation of the top four firms, based on personnel qualifications, experience of the firm, and methodology: MWM Architects, Inc. 545.1 (90.85) BGR Architects, -Engineers 533.9 (88.98) AC Associates, Inc. 532.4 (88,74) Joe D. McKay Architects, Inc. 499.3 (83.22) On February 11, this ranking of the firms was provided by the memo to the Council, with the recommendation that, based on the review committee findings, authorization to negotiate a contract with MWM Architects, Inc. be granted by Council. With no reply from members of Council by the deadline of February 17, staff entered into negotiation with MWM. The contract was taken to Council for approval on March 28. Action on the item was delayed because Council wanted to receive more detail on the development of the "Super Center" concept, as it might apply to the East Lubbock site. May 26, 1994 Page 338 The City Manager's "Super Center" Committee began meeting in early April, and a basic model has been developed, with specific definition for the Arnett Benson Super Center being the first priority of this group. The committee has secured pro bono architectural services for further definition of Super Center function. As regards the East Lubbock library site, the City's bond attorney has made it clear that bond funds for the library must be strictly separate from expenditures for non - library functions. Given the fact that there is no funding available for non -library functions, this contract will not address other types of use. Nevertheless, it is our intention to develop the facility in a manner that will enable us to complement other Super Center objectives in this vicinity. Based on the review committee's findings, the proposal from MWM provided the most innovative methodology and represented the highest quality response to the RFP. Based upon the negotiation process, the proposed Contract secures an 8 percent fee for the first branch library, but only 4 percent for the second branch, for an overall fee of 6 percent for basic services for the two buildings. The combined fee for both branches is $78,900. As the terms and conditions of the proposed Contract provide a firm basis for a successful project, it is recommended that Council approve the proposed Contract and authorize the Mayor to sign the resolution signifying this approval. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4507 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (21.) Consider a resolution amending the 1993-94 Budget to include the changes proposed in the 1993-94 Revised Budget. This item was deleted from the agenda. It was consensus of Council to postpone this item until the June 9, 1994, Regular City Council Meeting. (23A.) Consider a resolution authorizing the Mayor to execute an agreement for services to assist with the retention of Reese Air Force Base. This item was deleted from the agenda. It was consensus of Council to postpone this item until the June 9, 1994, Regular City Council Meeting. (24.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074 a 1 to discuss Personnel matters reaardina duties responsibilities, and/or appointments to: West Texas Municipal Power Agency Board of Directors Community Services Commission "Goals for Lubbock: A Vision Into the 21 st Century" Economic Develupment Subcommittee Education Subcommittee Health, Safety and Human Services Subcommittee Intergovernmental Coordination Subcommittee Land Use and Urban Design Subcommittee Neighborhood and Citizen Involvement Subcommittee May 26, 1994 Page 339 Recreation, Parks, Entertainment, and Cultural Affairs Subcommittee Transportation Subcommittee Utilities Subcommittee (25.) Confirm appointment of Melanie Barnes, Kevin Brightwell, Shane Cunningham, Steve Hurt, Greg Ingham, Nita Kiesling, Melissa Ramirez, Josh Silva, Bob Sweazy. Lloyd Urban, and Larry Joe Wilson to the Ad Hoc New Landfill Permit Citizens Advisory Task Force. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to appoint Melanie Barnes, Kevin Brightwell, Shane Cunningham, Steve Hurt, Greg Ingham, Nita Kiesling, Melissa Ramirez, Josh Silva, Bob Sweazy, Lloyd Urban, and Larry Joe Wilson to the Ad Hoc New Landfill Permit Citizens Advisory Task Force. Motion carried: 7 Yeas; 0 Nays. (26.) Confirm appointment of Terry McNeill to the Keep Lubbock Beautiful Advisory Committee. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Hernandez to appoint Terry McNeill to the Keep Lubbock Beautiful Advisory Committee. (22.) 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). This item was held. (23.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071 (1)(A), to discuss pending or contemplated litigation (Planning, Fire, Parks and Recreation, Water Utilities, Codes Enforcement, and Airport). There being no further business to come before Council, motion was made by Mayor Pro Tern Neugebauer, seconded by Cou ce to adjourn the meeting at 1:30 P.M. Motion carried: 4 Yeas; 0 Nays-- uncilmemberXhbeg- ATTEST: Read and approved this the 9th day ATTEST: 1&g-' a rvtL Betty A Johnson, ty Secretary