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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/26/1995CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING January 26,1995 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 26th day of January 1995 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 10:00 A.M. Present: Mayor Pro Tem Randy Neugebauer, Councilmember Victor Hernandez, Councilmember T. J. Patterson, Councilmember Windy Sitton, Councilmember Max L. Ince, City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary Betty M. Johnson. Absent: Mayor David R. Langston and Councilmember Alex Cooke. Mayor Pro Tem Neugebauer called the meeting to order at 10:35 A.M. ( 1.) The Invocation was given by City Secretary Betty M. Johnson. ( 2.) Pledge of Allegiance was given in unison by those in the Council Chambers. Board Appointments. ( 3.) A representative from the Lubbock Arts Alliance appeared to present the Grants Review Committee recommendations for the second granting period of 1994. Kay Brown, Chairperson of the Grants Review Committee, appeared to present recommendations for the second and final granting period of 1994. The City of Lubbock contracts with the Arts Alliance to administer a grants program to promote quality arts and humanities programs in the City of Lubbock. The 1994 contract allocated $117,643 for hotel/motel taxes for the Lubbock Arts funding program. For the second and final granting period, a total of 17 grants requests were received totaling $107,836 in requested funding. Fourteen of these requests totaling $63,811 were recommended by the Grants Review Committee for full or partial funding. A list of the programs, the amount requested, and the amount recommended for funding by the Grants Review Committee was provided to Council. Also included was a cover letter from the Arts Alliance outlining the process and the review criteria used to reviewing all applications submitted. Council accepted the recommendations. (4.) Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve the minutes of the January 12, 1995, Regular City Council Meeting as written. Motion carried: 5 Yeas; 0 Nays. City Council Minutes January 26, 1995 Page 46 ( 5•) Consider Resolution #4716 authorizing the Mayor to execute an interlocal agreement for cooperative Purchasing byand between the City of Lubbock and all future agreements for cooperative purchasing in substantially the same form RESOLUTION #4716 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 Interlocal Agreement for Cooperative Purchasing, attached herewith, by and between the City of Lubbock and the City of Wolfforth, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this the 26th day of January, 1995. 26th day of January, 1995. /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 A copy of the Interlocal Agreement is filed with Resolution No. 4716. Victor Kilman, Director of Purchasing, presented staff comments. The City of Lubbock and the City of Wolfforth desire to cooperate on selected governmental purchases in order to enjoy greater economy of scale and thereby reduced prices for certain commodities used by both governmental entities. The period of this Interlocal Agreement would be for the balance of the fiscal year and would thereafter be automatically renewed annually for each succeeding fiscal year of the City. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #4716 for the Interlocal Agreement with the City of Wolfforth but not for all future agreements for cooperative purchasing. Motion carried: 5 Yeas; 0 Nays. City Council Minutes January 26, 1995 Page 47 ( 6.) Consider Resolution 94711 authorizing the Mayor to execute assignment of a tax abatement agreement executed between the City of Lubbock and Gary Products, Inc. RESOLUTION #4711 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 Assignment to transfer and assign to Industrial Molding Corporation that certain tax abatement agreement dated March 10, 1994 by and between the City of Lubbock and Gary Products Group, Inc., attached hereto, which Assignment 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 the 26th day of January, 1995. /s David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Rod Ellis Rod Ellis, Director of Business Development APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney A copy of the Assignment for Tax Abatement Agreement is filed with Resolution No. 4711. On March 10, 1994, the City of Lubbock approved a tax abatement agreement with Gary Products Group, Inc. Gary Products Group, Inc., constructed a 120,000 square foot manufacturing and distribution facility in the South Enterprise Zone located at 3101 Southeast Loop 289. Gary Products Group, Inc., requested that the City Council authorize an assignment to transfer the tax abatement agreement to Industrial Molding Corporation. Industrial Molding is planning a 60,000 square foot expansion to the building. The Tax Abatement Guidelines allow for an assignment of the tax abatement contract. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4711 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. 47 City Council Minutes January 26, 1995 Page 48 (7.) Consider Ordinance 99776 abandoning and closing a portion of a 15-foot alley located in the Thompson Addition (815 48th). ORDINANCE 49776 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 15 FOOT ALLEY LOCATED IN THOMPSON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a 3,158 square feet portion of an L-shaped alley south of 48th Street and east of I-27 for Crafton Glass. A new alley containing 2,394 square feet would be dedicated to replace the alley being closed. Land adjacent to this property is valued at 19.60 per square foot by the Lubbock Central Appraisal District. Using this square foot price, the amount due the City is $149.74. The utility companies are in agreement with this closure and the plat has been submitted. The Right -of -Way Department recommended the approval of the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to pass on first reading Ordinance 49776 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. ( 8.) Consider Ordinance #9777 authorizing the removal of the traffic signal at 15th Street and Avenue H. ORDINANCE #9777 AN ORDINANCE CANCELLING AUTHORITY AND APPROVAL FOR A TRAFFIC SIGNAL AT 15TH STREET AND AVENUE H AND AUTHORIZING THE REMOVAL OF SAID TRAFFIC SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL. Jere Hart, City Traffic Engineer, presented staff comments. The traffic signal at 15th Street and Avenue H no longer meets the warrants for signalization. Studies have been completed and input was requested from adjacent property owners and businesses in the area. The Citizens Traffic Commission recommended the removal of the signal at the January 10, 1995, meeting. Staff recommended approval of the ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance #9777 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. City Council Minutes January 26, 1995 Page 49 ( 9.) Consider Resolution 44717 amending budget to change number of positions in three Civil Service categories. RESOLUTION #4717 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, Section 7-34 of the Lubbock Code of Ordinances requires that the number of positions in each classification be shown by the annual budget of the City; and WHEREAS, in accordance with the City Budget Ordinance, the City Manager is authorized to make transfers between funds, accounts, departments or programs for City purposes in keeping with the City Council's directive to insure that all resources are allocated in a fiscally responsible manner to insure maximum services delivery to the citizens of Lubbock; and WHEREAS, the City Council deems it advisable to change the budget for municipal purposes; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Manager of the City of Lubbock is hereby authorized and directed to make changes to the City of Lubbock Budget for municipal purposes as follows: Within the Police Department change the number of positions in three (3) Civil Services Categories. Increase by three (3) the number of police officer positions and decrease by the same amount, three (3), the number of positions in two (2) supervisry categories. SECTION 2. THAT a copy of the changes made to the City of Lubbock Budget pursuant to this Resolution shall be filed with the City Secretary and County Clerk of Lubbock County as required by law. Passed by the City Council this the 26th day of January, 1995. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Anna Mosqueda Anna Mosqueda, Director of Management Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s David R. Langston DAVID R. LANGSTON, MAYOR we City Council Minutes January 26, 1995 Page 50 Ken Walker, Chief of Police, presented staff comments. In order to address the increasing number of calls for service in a fiscally responsible manner, the Police Department is continuing to look at all aspects of the organization. Staff requested approval to shift the number of positions in three Civil Service classifications. The proposed resolution changes the City budget to reflect an increase of three in the number of police (patrol) officer positions and reduces by the same amount the number of mid -level management (supervisory) positions. This reduction in the number of mid -level management positions would change the patrol officer to sergeant ratio from 5.4 officers per sergeant to 6.07 officers per sergeant. This slight change would have little effect on the amount of supervisions provided to patrol officers. Staff recommended approval of this resolution. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to authorize Resolution #4717 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (10.) BID #13066--Radio Tower and Equipment Shelter, and authorize same (,Water Utilities) RESOLUTION 94712 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 Western Towers of San Angelo, Texas to furnish and install all materials as bid for the Radio Tower and Equipment Shelter 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 the 26th day of January, 1995. 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 /s/ David R. Langston DAVID R. LANGSTON, MAYOR 50 City Council Minutes January 26, 1995 Page 51 CONTRACT STATE OF TEXAS S COUNTY OF LUBBOCK S THIS AGREEMENT, made and entered into this 26th day of January, 1995 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 W. L. Anderson, Inc. Dba Western Towers of the City of San Angelo, County of Tom Green, 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. 13066--Radio Tower and Equipment Shelter (Water Utilities) in the amount of $80,383.00 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/ Robert Ayerdis ATTEST: /s/ M. Anderson Secretary COMPLETE ADDRESS CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Don Vandiver W. L. Anderson, Inc. Dba Western Towers CONTRACTOR By: /s/ W. L. Anderson TITLE: President Western Towers P.O. Box 2040 San Angelo, Texas 76902 51 City Council Minutes January 26, 1995 Page 52 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4712 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (11.) BID #13067--Steam Turbine Replacement Parts (Electric Production). IMO Industries, Inc. --Total Bid. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bids meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (12.) BID #13126--1993 Paving Assessment and Helen Hodge Parking Lot, and authorize same (Street Drainage/Engineering). RESOLUTION #4713 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 Hub City Pavers of Lubbock, Texas, to furnish and install all materials as bid for the 1993 Paving Assessment and Helen Hodges Parking Lot 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 the 26th day of January, 1995. 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 /s/ David R. Langston DAVID R. LANGSTON, MAYOR 52 City Council Minutes January 26, 1995 Page 53 CONTRACT STATE OF TEXAS 6 COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 26th day of January, 1995 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 Hub City Pavers, 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. 13126--1993 Paving Assessment Program and Helen Hodges Parking Lot in the amount of $85,555.75 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/ Lard D. Hertel ATTEST: /s/ Rita Rawls Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Don Vandiver Hub City Pavers, Inc. CONTRACTOR By: /s/ Glen A. Sarton TITLE: President COMPLETE ADDRESS: Hub City Pavers, Inc. 4214 50th, Suite B Lubbock, Texas 79413 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4713 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. 53 City Council Minutes January 26, 1995 Page 54 (13.) BID 413128--5,000 Lb Capacity Forklift (Civic Center). Western Clarklift and Supply, Inc.--1 ea. 5,000 Lb. Capacity Forklift. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to approve low bids meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (14.) BID #13129--Frankford Avenue Reconstruction - 66th to 82nd Street, and authorize same (Street Drainage/Engineering) RESOLUTION #4714 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOT 1, FRANKFORD BUSINESS PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lot 1, Frankford Business 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 $64,876.56, with the improvements constructed by Utility Contractors of America having a value of $59,165.00, as determined by the unit prices established by said Chapter 28 and $5,711.56 cash paid to the City, which amount includes $3,362.85 cash for adjacent lines with Lubbock Development, Inc., the developer, to receive a refund of $54,833.33 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 $54,833.33 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. 54 City Council Minutes January 26, 1995 Page 55 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 the 26th day of January, 1995. /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. MurRhv Michael E. Murphy, Senior Utilities Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard Assistant City Attorney CONTRACT STATE OF TEXAS S COUNTY OF LUBBOCK 6 THIS AGREEMENT, made and entered into this 26th day of January, 1995 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 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. 13129--Frankford Avenue Reconstruction 66th Street to 82nd Street in the amount of $1,069,189.80 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. 55 City Council Minutes January 26, 1995 Page 56 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 D. Hertel ATTEST: /S/ Betty Williams Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Lan sg ton Mayor APPROVED AS TO FORM: /s/ Don Vandiver Williams & Peters Construction Co., Inc. CONTRACTOR By: /s/ Dean Williams TITLE: President COMPLETE ADDRESS: Williams & Peters Construction Co., Inc. P.O. Box 3907 Lubbock, Texas 79452 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4714 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. 56 City Council Minutes January 26, 1995 Page 57 (15.) BID 913130--ADA Compliance - Elevators, and authorize same (Building Services). RESOLUTION #4715 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 Schlinder Elevator Corporation of Dallas, Texas, to furnish and install all materials as bid for the ADA Compliance - Elevators 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 the 26th day of January, 1995. /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 6 COUNTY OF LUBBOCK S THIS AGREEMENT, made and entered into this 26th day of January, 1995 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 Schindler Elevator Corporation of the City of Dallas, County of Dallas, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 13130--ADA Compliance - Elevators in the amount of $47,379.00 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. 57 City Council Minutes January 26, 1995 Page 58 The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Betty M. Johnson /s/ David R. Langston Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: Secretary CONTRACTOR By: TITLE: COMPLETE ADDRESS: Schindler Elevator Corporation 8650 King George Drive Dallas, Texas 75235-2281 58 City Council Minutes January 26, 1995 Page 59 Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4715 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (16.) ORDINANCE #9774--Zone Case #2161-E--Request of Bernie Gradel, Jr., (for Lubbock Land Company) for a zoning change from R-1 to R-1 Specific Use on a tract out of the northeast quarter of Section 13, Block E-2 (south of 82nd Street and east of Elkridge Avenue). ORDINANCE #9774 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2161-E; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING ON A TRACT OUT OF THE NORTHEAST QUARTER OF SECTION 13, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATON. Councilmember Patterson presided over the meeting. Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9774 as recommended by staff. Motion carried: 4 Yeas; 0 Nays --Mayor Pro Tern Neugebauer recused and excused himself from any discussion and voting. (17.) ORDINANCE #9775--Abandoning and closing three drainage easements located in Section 27, Block E-2 (7101 Chicago Avenue). ORDINANCE #9775 AN ORDINANCE ABANDONING AND CLOSING THREE (3) PORTIONS OF A DRAINAGE EASEMENT LOCATED IN SECTION 27, BLOCK E-2, LUBBOCK, LUBBOCK, COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Councilmember Patterson presided over the meeting. Motion was made by Councilmember Hernandez, seconded by Councilmember Sitton to pass on second and final reading Ordinance #9775 as recommended by staff. Motion carried: 4 Yeas; 0 Nays --Mayor Pro Tern Neugebauer recused and excused himself from any discussion and voting. (18.) Zone Case 41721-B (5211 29th Street and 5212 30th Street) -- Hold a public hearing to consider appeal of Lloyd Headrick for a zoning change from R-1 to GO Specific Use and R-1 Specific Use on the west 70 feet of Lot 203 and the west 70 feet of Lot 202, Midway Park Addition, and consider ordinance. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to continue Zone Case #1721-B to the February 9, 1995, City Council Meeting. Motion carried: 5 Yeas; 0 Nays. 59 City Council Minutes January 26, 1995 Page 60 (19.) Zone Case 41807-A (411 Avenue R)--Hold a public hearing to consider request of Alton L. Abbott, Jr., for a zoning change from R-3 to C-4 (for trailer sales) on Lots 9-13 Block 106, Overton Addition, and consider ordinance ORDINANCE #9778 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1807-C; A ZONING CHANGE FROM R-3 TO C-4 ZONING ON LOTS 9-13, BLOCK 106, OVERTON ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIIDNG A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Neugebauer opened the public hearing at 10:59 a.m. Request was made by Alton L. Abbott, Jr., for a zone change from R-3 to C-4. No one appeared in opposition. Mayor Pro Tern Neugebauer closed the hearing at 11:00 a.m. Randy Henson, Senior Planner, presented staff comments. Mr. Henson gave the adjacent land uses as follows: North - used car lot South - residential East - Abbott Trailer Sales West - residential, apartments The parcel is eligible as commercial within the guidelines of the Comprehensive Land Use Plan, with the conditions as stated. The staff proposed consideration of approving the C-4 request limited to the RV trailer sales on all the lots and the possibility of used cars on the north two lots and C-2 permitted uses otherwise. In addition, the staff emphasized the necessity for a solid screening fence along both 5th and Avenue R when the business expands. The Planning Commission recommended this request subject to the following conditions: trailer sales and service; used car sales on Lots 12 and 13 only; all unconditionally permitted C-2 uses. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass on first reading Ordinance #9778 with conditions recommended by P&Z and City staff. Motion carried: 5 Yeas; 0 Nays. is City Council Minutes January 26, 1995 Page 61 (20.) Zone Case No. 2748 (southwest corner of 68th Street and Slide Road) --Hold a public hearing to consider request of Kimley- Horn and Associates (for The Seitz Group) for a zoning change from R-1 to C-3 (for retail and a restaurant) on a tract out of Section 27, Block E-2, and consider ordinance. ORDINANCE #9779 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2748; A ZONING CHANGE FROM R-1 TO C-3 ZONING ON A TRACT OUT OF SECTION 27, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Pro Tern Neugebauer opened the public hearing at 11:05 a.m. Bernie Gradel, Jr., appeared on behalf of The Seitz Group to present this request for zone change from R-1 to C-3. No one appeared in opposition. Mayor Pro Tern Neugebauer closed the hearing at 11:07 a.m. Randy Henson, Senior Planner, presented staff comments. Mr. Henson gave the adjacent land uses as follows: North - commercial South - commercial East - commercial West - commercial The request is consistent with Comprehensive Land Use Plan and zoning policy. The staff requested approval tied to the site plan indicating no additional curb cuts on Slide or 69th. The master site plan of the shopping center provides cross -access entrance drives from all three adjacent streets. The Planning Commission recommended this request subject to the following condition: Tied to site plan 2748 as presented to the Planning and Zoning Commission and signed by the Chairman on January 5, 1995. The staff supports the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to pass on first reading Ordinance 49779 with the condition recommended by P&Z and City staff. Motion carried: 5 Yeas; 0 Nays. 61 City Council Minutes January 26, 1995 Page 62 (21.) Consider a resolution authorizing local matching funds for a portion of the proposed 82nd Street reconstruction and widening project from Frankford Avenue to U.S. 62/82 Larry Hoffinan, Director of Transportation, presented staff comments. During the past meetings of the Policy Advisory Committee, discussions pertaining to the necessity of widening 82nd Street from Frankford Avenue to U.S. 62/82 have taken place. Staff developed a petition for the City of Lubbock in cooperation with Lubbock County, Senator John Montford's Office, Frenship Independent School District, the City of Wolfforth and the Lubbock Chamber of Commerce to make an appearance before the Texas Transportation Commission on March 30, 1995, requesting Commission Strategic Priority Funds to construct 82nd Street from Frankford Avenue to U.S. 62/82 as a seven -lane facility. A second request to the Commission is to ask that TxDOT add 82nd Street from Slide Road (F.M. 1730) to U.S. 62/82 to the State highway system. Approximately one mile (Frankford Avenue to 660 feet west of Milwaukee Avenue) of this proposed construction lies within the city limits and the remaining distance belongs to Lubbock County. The Committee, in hopes of a favorable vote by the Transportation Commission, agreed that the local jurisdictions should offer some matching funds for the construction of the project. The total funds necessary for this project are as follows: Right of Way/Utility Relocation $106,000 Construction 4,248,000 Engineering 296,000 Environmental Mitigation Total $4,650,000 The proposed local participation in the project is: Line Item Lubbock County City of Lubbock Right of Way/Utilities Construction Engineering Environmental Mitigation Total $96,000 $10,000 $566,400 $283,200 $39,500 $19,800 $0.00 $0.00 5701,900 $313,000 Staff proposed that the City's portion of the match come from the capital bond funds for "Local Match for Federal Funds." Funds in the amount of $750,000 are available from this source. 62 City Council Minutes January 26, 1995 Page 63 To further enhance the chance of receiving the federal funds, the City agreed to continue maintenance on the one -mile portion of the roadway between Slide Road and Frankford Avenue if added to the state highway system. This project ranked third in priority in the Lubbock Metropolitan Transportation Plan: 2015, adopted by the Policy Advisory Committee on December 14, 1994, and there are not enough federal funds coming to the District Office of TxDOT to fund a project of this size. If additional funds are approved by the Transportation Commission, staff could construct a facility that would connect the southwest portion of Lubbock with the City of Wolfforth and would provide a better facility for the students attending the Frenship schools. Staff recommended approval of the resolution. Motion was made by Councilmember Patterson to authorize this resolution as recommended by staff. Motion died for lack of a second. Motion was made by Councilmember Ince, seconded by Councilmember Sitton to continue this item until the February 9, 1995 City Council Meeting. Motion carried: 4 Yeas; 1 Nay-- Councilmember Victor Hernandez. (22.) Consider a resolution authorizing the Mayor to sign an option contract and memorandum of option with the Housing Authority of the City of Lubbock (410 4th). Motion was made by Councilmember Patterson, seconded by Councilmember Sitton not to sign the option contract. Motion carried: 5 Yeas; 0 Nays. 63 City Council Minutes January 26, 1995 Page 64 (23.) Consider Resolution 94718 authorizing the Mayor to execute a contract with the Texas Department of Health providing funding for HIV/AIDS Surveillance RESOLUTION #4718 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, attached herewith, by and between the City of Lubbock and the Texas Department of Health for public health services, and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this the 26th day of January, 1995. /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 contract is filed with Resolution No. 4718. Doug Goodman, Director of Community Development and Neighborhood Initiatives, presented staff comments. On October 20, 1994, the City Council approved Resolution #4644, a contract with the Texas Department of Health, to provide Public Health Services. As a part of this contract, Attachment 04 funded HIV and AIDS surveillance and reporting activities for July 1 through December 31, 1994. The current contract renews this attachment for one year (January through December 31, 1995). This program is fully TDH funded; the $35,398 includes costs for personnel salary and fringe benefits, supplies, training and travel. There are no associated costs to the City. City Council Minutes January 26, 1995 Page 65 HIV and AIDS are believed to be greatly under reported in Lubbock. Reporting these conditions is important in identifying community needs and in obtaining funding for other health care providers. The initial grant application was submitted in response to a request made by the Texas Department of Health. This agreement is in keeping with the Council directives to avoid duplication of services and to cooperate with other Lubbock health care providers. The proposed resolution would enable continuation of needed services, while incurring no costs to the City of Lubbock Health Department. The Health and Community Services staff recommended approval of this resolution. Motion was made by Councilmember Hernandez, seconded by Councilmember Ince to authorize Resolution #4718 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (24.) Consider Resolution #4719 authorizing the Mayor to execute a contract with the Texas Department of Health providing funding for HIV Early Intervention Clinical Services RESOLUTION #4719 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 amended Contract, — attached herewith, by and between the City of Lubbock and the Texas Department of Health providing funding for the HIV Early Intervention Clinic, and any associated documents, which Contract 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 the 26th day of January, 1995. /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 contract is filed with Resolution No. 4719. 65 City Council Minutes January 26, 1995 Page 66 Doug Goodman, Director of Community Development and Neighborhood Initiatives, presented staff comments. This resolution provides $47,194 for contractual services and supplies for La Clinica de Buena Salud (The Good Health Clinic) to provide medical and social services for individuals who are HIV positive. In December 1993, the City Council approved an agreement between the Health Department and the University Medical Center laboratory to continue the clinical services that had previously been funded by a Public Health Services Title III grant. The grantor, Guadalupe Economic Services Corporation, was denied continuation funding in November 1993. Both the Health Department and UMC have utilized their respective resources to continue services. This clinic is designed to keep individuals who are HIV positive healthy, employed, and receiving medical care in a clinic setting, rather than in the hospital. Approval of this grant would result in cost avoidance for the City of $18,368, reflecting six months expenditures for professional providers and supplies. In addition, UMC would receive $28,826 reimbursement for laboratory services that they are currently supplying at no cost. The proposed resolution would enable continuation of needed services, while reducing costs for the City of Lubbock Health Department. The Health and Community Services staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #4719 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. City Council Minutes January 26, 1995 Page 67 (25.) Consider Resolution #4720 authorizing the Mayor to execute an Agreement with Presbyterian Clinic to fund the salary and fringe benefits for a 0.4 full time equivalent Licensed Vocational Nurse (already employed by the Health Departmentl. RESOLUTION #4720 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 the Presbyterian Clinic, Inc. to fund a 0.4 full time equivalent position for the services of a Licensed Vocational Nurse, and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this the 26th day of January, 1995. /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 agreement is filed with Resolution No. 4720.. Doug Goodman, Director of Community Development and Neighborhood Initiatives, presented staff comments. Presbyterian Clinic, as a member of the Community Health Center of Lubbock, has grant funding the Bureau of Primary Health to provide health care services for homeless individuals. This funding includes salary and fringe benefits for a 0.4 full time equivalent (16 hours per week) Licensed Vocational Nurse. The LVN would assist a Family Nurse Practitioner by conducting interviews and performing other clinical activities for individuals who qualify for this grant -funded program. 67 City Council Minutes January 26, 1995 Page 68 The City of Lubbock Health Department employs four LVNs, one of whom has previous experience in a homeless health clinic. By mutual agreement, the Health Department and Presbyterian Clinic are able to utilize her services in the best interests of their respective clinical programs. Furthermore, the agreement stipulates that the Health Department is to be held harmless from any problems that might arise from operating the clinic. This agreement can be terminated by either parry with 30 days notice, and is contingent upon on -going grant funding. The agreement provides payment by Presbyterian Clinic to the City of Lubbock Health Department for salary and fringe benefits for an existing City employee. This would result in cost avoidance by the City of $8,809 during the course of a year. This agreement is also in keeping with the Council directives to avoid duplication of services and to cooperate with other Lubbock health care providers. The Health and Community Services Division staff recommended approval of this resolution. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to authorize Resolution #4720 as recommended by staff. Motion carried: 5 Yeas; 1 Nay-- Councilmember Hernandez. 68 City Council Minutes January 26, 1995 Page 69 (26.) Consider Resolution 94721 authorizing the City Manager to approve an application for a state administered, federally funded grant for the continuation of the South Plains Regional Narcotics Task Force. RESOLUTION #4721 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager 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 related documents for State and Federal Assistance for the South Plains Regional Narcotics Task Force and that the City Council hereby agrees to a cash match of $86,997.00 from the City to fund 25% of the Project, as required by the State of Texas in order to be eligible to receive such State and Federal Assistance. Passed by the City Council this the 26th day of January, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Grant Application is filed with Resolution No. 4721. Ken Walker, Chief of Police, presented staff comments. The grant application is being made in conjunction with the Governor's Anti - Drug Abuse Program. The 52 law enforcement agencies represented in the South Plains region cover some 10,000 square miles and are responsible to approximately 340,000 people located in 11 counties. Narcotic trafficking on the South Plains should be considered multi jurisdictional with the success of each individual law enforcement agency in its operation having a direct effect on criminal activity in neighboring jurisdictions. Illegal narcotic trafficking is a regional program requiring regional coordination. _ The South Plains Regional Narcotics Task Force currently consists of six Lubbock Police Officers. Two of these officers work in conjunction with other agencies throughout the region on gang narcotics activity. While these officers work on gang related narcotics activity, their duties are not limited to this function. They would also assist the remaining four members of the Task Force who concentrate on general narcotic activity within the South Plains Region. Further, the Task Force would maintain an effective communications network with local jurisdictions City Council Minutes January 26, 1995 Page 70 concerning criminal violator activity. This approach would be promoted by an effective coordination of enforcement priorities and an efficient violator apprehension program working closely with the Drug Enforcement Administration, Department of Public Safety, and County and City law enforcement agencies. The unit would also lend investigative support to location jurisdictions. Awards for the grant have been set for June 1, 1995. The total request for funding is $347,985 with the City's contribution being $86,997. This is the required 25% match for the total grant and would come from our seized asset funds. To assure compliance with the requirements of the program, each participating agency must sign an Interlocal Agreement with the City of Lubbock. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4721 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (27.) Consider Resolution #4722 accepting the dedication of a publi nark in Regal Park Addition. RESOLUTION #4722 WHEREAS, in July 1992, representatives of the Lubbock Land Company and the Parks and Recreation Department of the City of Lubbock discussed the feasibility of the development by the Company of a 2'/2-acre park in an area known as the Regal Park Addition to the City of Lubbock; and WHEREAS, the City Council of the City in Resolution No. 4217 agreed to accept and maintain as public park property the land and improvements to the 2%2-acre tract when developed and dedicated by Lubbock Land Company; and WHEREAS, Lubbock Land Company has now developed the above -described property and wishes to dedicate the same as public park property; NOW THEREFORE: 70 City Council Minutes January 26, 1995 Page 71 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Council hereby agrees to accept and maintain as public park property from Lubbock Land Company, general partner for Lubbock Land Company, One Ltd., the real property described as Tract "A", Regal Park, an addition to the City of Lubbock, Lubbock County, Texas, in accordance with the terms and conditions of the instrument of dedication attached hereto and incorporated herein by reference as part of this Resolution. Passed by the City Council this the 26th day of January, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Rusty Black Rusty Black, Superintendent of Parks APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Dedication of Public Park and Release of Lien is filed with Resolution No. 4722. Mayor Langston presided over the meeting as this time. Rusty Black, Parks Manager, presented staff comments. In July 1992, staff from the Parks Department entertained discussions with representatives from the Lubbock Land Company concerning the possibility of Lubbock Land Company developing approximately 2-1/2 acres within a 50 acre residential development known as Regal Park located at the southwest corner of 82nd Street and Frankford Avenue. Lubbock Land Company proposed to develop a park site with improvements and then deed the parcel to the City as a park. Proposed improvements included a jogging track, shelter, landscaping, irrigation system, park benches and security lighting. In addition, Lubbock Land Company would maintain the site for one year. The 1991 Park Development Plan identified a deficiency of park land in this area of the City and the proposed park would provide opportunities for leisure activities for future residents of the area at no cost for land or improvements. The Park Board endorsed the concept and forwarded the matter to the City Council for consideration. On August 12, 1993, the City Council passed Resolution #4217 which agreed to accepting and maintaining a 2-1/2 acre site in the Regal Park Addition as a public park. This was based on proposed improvements on the park site being completed, the site maintained by Lubbock Land Company for one year, and then the site being dedicated as park property by the Lubbock Land Company. 71 City Council Minutes January 26, 1995 Page 72 Lubbock Land Company has completed improvements on the site which include a jogging track, shelter, landscaping, irrigation system, benches and security lighting, and they have maintained the site. Estimated costs for property, development and maintenance exceed $250,000. The area has been developed and maintained in accordance with the resolution previously approved by the City Council and all conditions have been fulfilled. A deed of dedication dedicating the site as a public park has been prepared by Lubbock Land Company; therefore, it is staffs recommendation that the property be accepted by the City of Lubbock as a dedicated park. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to authorize Resolution #4722 as recommended by staff. Motion carried: 5 Yeas; 0 Nays --Mayor Pro Tem Neugebauer recused and excused himself from any discussion and voting. (28.) Consider a resolution consenting to the proposed purchase of underground water rights and construction of associated conveyance facilities as described and authorized in Resolution No 0194-11A of the Board of Directors of the Canadian River Municipal Water Authority. Terry Ellerbrook, Director of Water Utilities, and John Williams, CRMWA General Manager, presented comments. In 1992 the Canadian River Municipal Water Authority (CRMWA) Board of Directors began evaluating the feasibility of acquiring ground water supplies in the Northern Panhandle to supplement allocations from the Lake Meredith reservoir and for blending in order to enhance water quality. This study was prompted primarily by the interest of Amarillo and Lubbock in using ground water available in this area to improve the quality and increase the quantity of water deliverable to member cities. The CRMWA Board authorized the engineering firms of Parkhill, Smith and Cooper (PSC) of Lubbock and Lee Wilson of Santa Fe, New Mexico, to conduct this feasibility study. On May 13, 1993, the City staff and a representative of PSC presented to the City Council an overview of this engineering investigation, along with cost estimates to purchase water rights, construct necessary wells and pipelines, and to operate the system. Following a discussion of this item, the City Council passed a resolution pledging its support for this project and urging the CRMWA and SPS Company to reach an agreement on the sale or lease of underground water rights owned by SPS in Roberts County for blending with water from Lake Meredith. Approval of the resolution would commit the City of Lubbock to ground water blending project. The total project is now estimated to cost approximately $76,500,000, of which Lubbock's share would be about $28,800,000 (based primarily on Lubbock's allocated share of water from the reservoir). Lubbock's share of the water rights acquisition would be approximately $5.6 million. It is estimated that a water rate increase of approximately 15 percent (over a 2-year period) would be necessary to finance these acquisitions and improvements. 72 City Council Minutes January 26, 1995 Page 73 It was consensus of Council to continue this item until the February 9, 1995, City Council Meeting. (29.) Consider Resolution #4723 canvassing the returns and declaring the results of the Special Election to be held on January 21,1995, for the purpose of voting for or against the adoption of three -eighths 3/8) of one percent sales and use tax within the City of Lubbock for economic development and the adoption of an additional sales and use tax within the City of Lubbock at the rate of one -eighth (1/8) of one percent to be used to reduce the property tax rate. RESOLUTION #4723 A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULT OF THE SPECIAL CITY ELECTION HELD JANUARY 21, 1995, FOR THE PURPOSE OF VOTING FOR OR AGAINST THE ADOPTION OF THREE -EIGHTHS (3/8) OF ONE PERCENT SALES AND USE TAX WITHIN THE CITY OF LUBBOCK FOR ECONOMIC DEVELOPMENT, INCLUDING THE PURCHASE OF LAND, THE CONSTRUCTION, MAINTENANCE AND OPERATION COSTS OF A MUNICIPALLY OWNED MULTIPURPOSE FACILITY TO BE USED FOR SPORTS, ATHLETIC, ENTERTAINMENT, TOURIST AND CONVENTION PURPOSES AND ACTIVITIES PURSUANT TO SECTION 4B OF ARTICLE 5190.6 OF VERNON'S ANNOTATED CIVIL STATUTES; AND FOR THE PURPOSE OF VOTING FOR OR AGAINST THE ADOPTION OF AN ADDITIONAL SALES AND USE TAX WITHIN THE CITY AT THE RATE OF ONE -EIGHTH (1/8) OF ONE PERCENT TO BE USED TO REDUCE THE PROPERTY TAX RATE PURSUANT TO CHAPTER 321 OF THE TAX CODE. BE IT REMEMBERED THAT on the 26th day of January, 1995, the City Council of the City of Lubbock met at 10:00 a.m. at the regular meeting place of the City Council in the City of Lubbock Municipal Building with the following members present, to -wit: Mayor David R. Langston Councilmember Windy Sitton Mayor Pro Tem Randy Neugebauer Councilmember Max L. Ince Councilmember Victor Hernandez Councilmember T. J. Patterson On motion of Mayor Pro Tem Randy Neugebauer, seconded by Councilmember T. J. Patterson, it is unanimously carried that the returns of the Special City Election held on January 21, 1995, pursuant to Section 4B of Article 5190.6, V.A.C.S., and Chapter 321, Tax Code, be opened and canvassed, and the results of the election declared therefrom; and said returns having been duly canvassed, it is found that the votes on the propositions are as follows: 73 City Council Minutes January 26, 1995 Page 74 PROPOSITION PROPOSITION NO. 1 "THE ADOPTION OF A SALES AND USE TAX FOR ECONOMIC DEVELOP- MENT, INCLUDING THE PURCHASE OF LAND, THE CONSTRUCTION, MAIN- TENANCE AND OPERATION COSTS OF A MUNICIPALLY OWNED MULTIPURPOSE FACILITY TO BE USED FOR SPORTS, ATHLETIC, ENTERTAINMENT, TOURIST AND CONVENTION PURPOSES AND ACTIVITIES AT THE RATE OF THREE - EIGHTHS (3/8) OF ONE PERCENT." PROPOSITION NO.2 VOTES RECEIVED FOR: 14,816 AGAINST: 15,545 TOTAL VOTES CAST: 30,361 "THE ADOPTION OF AN ADDITIONAL SALES AND USE TAX WITHIN THE CITY AT THE RATE OF ONE -EIGHTH (1/8) OF ONE PERCENT TO BE USED TO REDUCE THE PROPERTY TAX RATE." FOR: 16,907 AGAINST: 12,944 TOTAL VOTES CAST: 29,851 And it further appearing that said election was duly held as provided by law; NOW THEREFORE: IT IS HEREBY FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT a majority of the qualified voters of the City of Lubbock voting in said Special Election are against (for or against) Proposition No. 1 pertaining to the adoption of a sales and use tax for economic development, including the construction, maintenance and operation costs of a municipally owned multipurpose facility to be used for sports, athletic, entertainment, tourist and convention purposes and activities at the rate of three - eighths (3/8) of one percent; and THAT a majority of the voters voting in said Special Election are for (for or against) Proposition No. 2 pertaining to the adoption of an additional sales and use tax within the city at the rate of one -eighth (1/8) of one percent to be used to reduce the property tax rate. PASSED, APPROVED AND ADOPTED ON MOTION OF Mayor Pro Tern Neugebauer, SECONDED BY Councilmember Patterson, THIS 26TH DAY OF JANUARY, 1995, BY THE FOLLOWING VOTED: 74 City Council Minutes January 26, 1995 Page 75 COUNCIL MEMBERS VOTING AYE: COUNCIL MEMBERS VOTING NAY: Mayor David R. Langston None Mayor Pro Tem Randy Neugebauer Councilmember Victor Hernandez Councilmember T. J. Patterson Councilmember Windy Sitton Councilmember Max L. Ince /s/ David R. Langston D R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Betty Johnson, City Secretary, presented staff comments. The City Council received official tabulation sheets produced on election night at the Central Counting Station, Lubbock County Courthouse. These tabulation sheets showed by precinct the number of votes cast as well as the number of over votes and under votes in each precinct. An over vote occurs when the voter casts votes both for and against a single proposition, in which case neither vote is counted; an under vote occurs when the voter does not cast a vote either for or against a single proposition. The resolution reflected that a majority of the voters voted against the passage of an additional three -eighths (3/8) of one percent sales and use tax for economic development and for an additional one - eighth (1/8) of one percent sales and use tax for reduction of the property tax rate. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Patterson to authorize Resolution #4723 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (30.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074 (a)(1), to discuss personnel matters (Cif Attorney and City Manager). (31.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071 (1)(A), to discuss pending or contemplated litigation (Community Development, Environmental Inspection Services, and Water Utilities). 75 City Council Minutes January 26, 1995 Page 76 (32•) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551 072, to discuss purchase, exchange, lease, or value of real property (Right -of Wax) (33.) Hold an executive session in accordance with V.T.C.A. Government Code Section 551.074 (a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Committee for Women Firemen's and Policemen's Civil Service Commission The Lubbock Housing Finance Corporation Lubbock Municipal Arts Committee Park and Recreation Board Permit and License Appeal Board There being no further business to come afore Counci , it was the consensus of Council to adjourn the meeting at 3:05 p.m. �---� ATTEST: (�� k), ai� Betty M.Johnson, ity Secretary Read and approved this the 9th day of F ATTEST: Betty V.JohnscUi, City Secretary AVID R. LAN(Y5TON. MA )YOR KO