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Home My WebLink AboutMinutes - City Council - Regular - 2/9/1995CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING February 9, 1995 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 9th day of February 1995 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 10:00 A.M. Present: Mayor David R. Langston, Mayor Pro Tern 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 10:02 A.M. ( 1.) The Invocation was given by Managing Director Jim Bertram. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to approve the minutes of the January 26, 1995, Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 4.) ORDINANCE #9777--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. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9777 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 5.) ORDINANCE #9778--Zone Case #1807-A (411 Avenue R)-- Request of Alton L. Abbott, Jr., for a zoning change from R 3 to C-4 (for trailer ale.) on Lots 9-13, Block 106, Overton Addition, 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; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. City Council Minutes February 9, 1995 Page 78 Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9778 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 6.) ORDINANCE #9779--Zone Case #2748--(southwest corner of 68th Street and Slide Road) --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. 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. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to pass on second and final reading Ordinance #9779 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (7.) Consider Resolution #4724 authorizing the Mayor to execute an agreement with AT&T for long distance telephone services. RESOLUTION #4724 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with AT&T for long distance telephone services, 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 9th day of February, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty_M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Lou Prothro Lou Prothro, Director of Telecommunications APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement with AT&T is filed with Resolution No. 4724. 78 City Council Minutes February 9, 1995 Page 79 According to staff memo, the City of Lubbock utilizes over 300,000 minutes of long distance telephone services per year. Proposals were received from five long distance service providers in response to the City's request for proposals. The proposals were evaluated on the following criteria: Reliability (25 percent) Pricing (25 percent) Billing (10 percent) Service (25 percent) Compliance with the RFP (15 percent) Based on the weighted averages, a successful vendor was selected. A three-year agreement with AT&T will provide a rate of $.0946 per minute. The second rated respondent proposed a combination of rates ranging from $.08 to $.149 per minute. No installation charges or start up costs are required. The top -rated response from AT&T is recommended as being the most advantageous proposal to the City of Lubbock. The City of Lubbock will recognize an estimated savings in excess of $20,000 per year in long distance telephone service costs with this agreement. Staff recommended approval of the resolution. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to authorize Resolution #4724 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (8.) Consider Ordinance #9780 abandoning and closing a portion of a 20-foot utility easement located adjacent to Lot 1, Conover Addition (6808 Slide Road). ORDINANCE #9780 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20- FOOT UTILITY EASEMENT LOCATED ADJACENT TO LOT 1, CONOVER 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. According to staff memo, this ordinance abandons and closes a north -south 20-foot by 132-foot utility easement located west of Slide Road and south of 68th street. This easement area is being closed for replat purposes. All utilities are in agreement and the plat has been submitted. The Right -of -Way Department recommended the first reading of this ordinance. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to pass on first reading Ordinance #9780 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 79 City Council Minutes February 9, 1995 Page 80 (9.) Consider Resolution #4725 authorizing the Mayor to sign an alley -use license for a building encroachment with Tiner Machine & Auto Supply. Inc. (2402 Avenue H RESOLUTION 94725 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Alley Use License in favor of Tiner Machine & Auto Supply, Inc. for a building encroachment on a portion of an adjacent alley, 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 9th day of February, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney A copy of the Alley Use License is filed with Resolution No. 4725. According to staff memo, this alley -use license is for an existing building encroachment on a 0.7 foot area in the alley adjacent to the west side of Lots 3, 4, and 5, Block 1, Garland Addition. The cost of this license is the $50.00 minimum per year or $250.00 for the first five-year term. The length of term for this license is 20 years, payable every five years. The $150 application fee has been paid and there are no utility problems. The Right -of -Way Department recommended the approval of this alley use license. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to authorize Resolution #4725 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. :1 City Council Minutes February 9, 1995 Page 81 (10.) Consider Resolution #4726 authorizing the Mayor to execute a .preventive maintenance agreement with Jetbridge Technology Inc. RESOLUTION #4726 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with Jetbridge Technology, Inc., attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of February, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jim Newsome Jim Newsome, Interim Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Agreement with Jetbridge Technology, Inc., is filed with Resolution No. 4726. According to staff memo, discussion about an outside firm to perform preventive maintenance on jetbridges began in 1992-1993. City staff took bids on an extensive package that included a complete maintenance and repair function. The return bids were unacceptable not only to the City staff but also to the airlines. All bids were rejected and the issue remained idle until negotiations began in the summer 1994. As a result of subsequent negotiations, it was agreed that the staff would scale down the maintenance menu to something manageable that could be kept below minimum bid requirements. All of the carriers agreed that Jetbridge Technology, Inc., of Kennedale, Texas, would be the best vendor to perform the services. The total amount of the agreement is $11,200.00. The airline agreement establishes a use fee of $7.00 per use for funding a jetbridge maintenance fund from which to pay for preventive maintenance and repairs. Current airline jetbridge use will generate approximately $50,000 annually in use fees under that agreement. Staff recommended approval of this agreement. M. City Council Minutes February 9, 1995 Page 82 Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to authorize Resolution #4726 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (11.) Consider Resolution #4727 authorizing the Mayor to execute a lease agreement with the National Weather Service. RESOLUTION #4727 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 Lease Agreement by and between the City of Lubbock and the United States of America National Weather Service, 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 9th day of February, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jim Newsome Jim Newsome, Interim Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Lease Agreement is filed with Resolution No. 4727. According to staff memo, the Weather Service lease expired in October 1994. Their leasing agent has accepted new terms proposed by the staff to accommodate some operational changes at their facility. The agency relocated about two-thirds of their staff to the previous BCD office building on South Loop 289 in June of last year. That move vacated about one-third of the space they had previously occupied at the airport which signaled some adjustments to be made in rates and conditions in the new lease. The National Weather Service has agreed to the increased the rent rate from $2.72 per square foot to $4.00 per square foot. Likewise. staff agreed to adjust the direct billing for electrical service by $293.06 each month to compensate for the 1,256 square feet of vacated office space. The National Weather Service also agreed to include an annual adjustment of operating costs on the basis of $0.08 per square foot per year. Other conditions include paint and an interior locking door. 82 City Council Minutes February 9, 1995 Page 83 The new space lease will generate $8,686.00 annually. The total lease package, including direct billing of electricity, will produce an estimated $34,254.72 annually, a net decrease in revenue of $3,862.56 per month over the previous lease. The term of the new lease is for one year ending September 30, 1995, with annual renewals not to extend beyond September 30, 1999. The Airport Board recommended approval of the lease and staff recommended that the Council uphold the decision of the Airport Board. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to authorize Resolution #4727 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (12.) Consider Resolution #4728 authorizing the Mayor to execute a lease agreement with S & H Welding Co. RESOLUTION #4728 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 Non -Aeronautical Lease Agreement by and between the City of Lubbock and S & H Welding Company, 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 9th day of February, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jim Newsome Jim Newsome, Interim Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Non -Aeronautical Lease Agreement with S & H Welding Company is filed with Resolution No. 4728. 83 City Council Minutes February 9, 1995 Page 84 According to staff memo, B & J Metals ceased operation of its machine shop and metal fabrication business in the east industrial district at the airport in December 1994. S & H Welding Co. of Abernathy bought the inventory and equipment and intends to continue operations. A new lease was drawn in favor of S & H Welding Co. to extend the conditions of the previous lessee. The lease covers the same property and facilities and provides for the same rates as the previous lease. It will generate $20,042.21 in annual revenue and is written with a five-year term and one additional five-year extension. The Airport Board recommended approval of the lease and staff recommended that the Council uphold the decision of the Airport Board. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to authorize Resolution #4728 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (13.) Consider Resolution #4729 authorizing the Mayor to execute a subordination agreement in favor of S & H Welding Co. RESOLUTION #4729 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 by and between the City of Lubbock and S & H Welding Company to enable such company to obtain a loan necessary to conduct business as a tenant at the Lubbock International Airport, 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 9th day of February, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jim Newsome Jim Newsome, Interim Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Agreement with S & H Welding Company is filed with Resolution No. 4729. 21 City Council Minutes February 9, 1995 Page 85 According to staff memo, the owners of S & H Welding Co. are trying to close a Small Business Administration (SBA) loan through a local bank with regard to their Lubbock facility. SBA has asked for a subordination agreement between the airport and S & H Welding to subordinate our position on any tools and equipment in favor of the bank as a guarantee on the collateral. This is a common business practice with SBA loans. The Airport Board recommended approval of the subordination agreement and staff recommended that the Council uphold the decision of the Airport Board. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to authorize Resolution #4729 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (14.) Consider Resolution #4730 authorizing the Mayor to execute a contract with Microage Computer Center of Lubbock for high technology computer hardware and software and technical pre -sales and post -sales support. RESOLUTION 94730 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 Services Agreement with Microage Computer Center for High Technology Computer Hardware & Software and Technical Pre -sales and Post -sales support, 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 9th day of February, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Tom Tuning Tom Tuning, Managing Director of Information Services & Communication Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Services Agreement with Microage Computer Center is filed with Resolution No. 4730. :7 City Council Minutes February 9, 1995 Page 86 According to staff memo, in December 1994 a request for proposal to procure high technology computer hardware and software was released. The objectives of this proposal included providing a cost-effective, flexible, and comprehensive procurement process for high technology computer hardware and software. Other objectives were to obtain quantity pricing for the City's computer purchases and to obtain support regarding warranty service and technical issues. Three responses were returned on January 25, 1995, and a committee met to evaluate the three vendors submitting proposals. The proposals were evaluated on the following criteria: Pricing Ability to provide technical support, both pre -sales and post -sales support, on -site and by telephone Ability to provide most of the hardware and software requested by the City Ability to provide acceptable shipping methods and invoices Knowledge of and experience with configurations similar to that existing in the City Based on the weighted averages assigned by each committee member, Microage Computer was selected for a one-year contract with an option to renew annually for up to two additional years. Staff recommended approval of the resolution. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to authorize Resolution #4730 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (15.) Consider Resolution #4731 authorizing the Mayor to sign a utility pole rental agreement with West Texas Microwave, a subsidiary of Communications Transmission Group, Inc., Austin, Texas. RESOLUTION #4731 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 West Texas Microwave Company, a subsidiary of Communications Transmission Group, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 10 City Council Minutes February 9, 1995 Page 87 Passed by the City Council this 9th day of February, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Robert Massengale Robert Massengale, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement with West Texas Microwave Company is filed with Resolution No. 4731. According to staff memo, West Texas Microwave, a telecommunications company, wishes to install fiber optic aerial cables from an existing MCI site located near 54th Street and Avenue A to Metro Tower at Broadway and Avenue M. West Texas Microwave does not do business directly with individual telephone customers, but rather provides interconnection services between various telephone companies or various long distance companies. These fiber optic cables will be installed along public streets and alleys and will be attached to utility poles owned by various utilities, including Lubbock Power and Light. West Texas Microwave currently has a Street Use License to cover existing buried fiber optic cables which they have installed in other areas of the city. This existing Street Use License will be amended to cover the proposed aerial cable installation. The pole rental agreement establishes rates and conditions under which West Texas Microwave may attach cables to LP&L electric poles. The initial rental rate is $4.19 per pole with escalation clauses tied to economic indices (CPI). This installation will involve approximately 100 LP&L poles. LP&L currently has pole rental agreements with a number of other communication companies, including Cox Cable, PokaLambro, and NTS Communications. Staff recommended approval of this resolution. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to authorize Resolution #4731 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 87 City Council Minutes February 9, 1995 Page 88 (16.) Consider Resolution 44732 authorizing the Cie Manager or his designated representative to execute agreements with various persons or legal entities desiring to use treated wastewater effluent. RESOLUTION 44732 THAT the City Manager or his designated representative is hereby authorized and directed to execute for and on behalf of the City of Lubbock all Agreements Regarding Treated Wastewater Effluent in substantially the same form as the attached Agreement with various persons or legal entities desiring to utilize City of Lubbock treated wastewater effluent. A copy of such form Agreement is attached hereto 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 9th day of February, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ John Hindman John Hindman, Farm Manager 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. 4732. According to staff memo, the Texas Natural Resources Commission (TNRCC) has simplified the permit process for obtaining permission to use treated wastewater effluent for irrigation purposes. One of the farmers adjacent to the Land Application Site applied for and received a TNRCC permit and negotiated an agreement with City staff to purchase treated effluent from the City of Lubbock. The agreement called for the farmer to pay the City the rate of $9.00 per acre for each watering application. The amount of land involved in this initial agreement is 86 acres. The proposed resolution would authorize the City Manager or his designated representative to execute these types of agreements with interested farmers in the area of the Land Application Site. It would also serve to formally approve the terms and provisions of prior agreements. The agreements provide that the City will furnish water requested by the user, but subject to any and all prior commitments to furnish water to other users. The availability of water will be determined solely by the City. The user will also 88 City Council Minutes February 9, 1995 Page 89 agree to use and dispose of all wastewater furnished in accordance with all terms of the City's wastewater permit, as well as all applicable regulations of the TNRCC, the state of Texas, and the United States government. The users would also have to abide by their own TNRCC permit requirements. It is anticipated that these agreements would be negotiated for two-year periods, but would give both parties a 30-day termination option. All the costs associated with sending water to the other farm locations would be paid by the users. Staff recommended approval of this resolution. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to authorize Resolution #4732 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (17.) Consider amending Ordinance #8904 of the City of Lubbock, which provides for an Employee Deferred Compensation Plan. ORDINANCE #9781 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 8904 OF THE CITY OF LUBBOCK, WHICH ORDINANCE PROVIDED PARTICULARS OF A DEFFERED COMPENSATION PLAN FOR CITY EMPLOYEES, AND MODIFYING SAID ORDINANCE TO PROVIDE FOR ADDITIONAL VENDORS AND TO CONFORM TO FEDERAL AND STATE LAW. According to staff memo, this ordinance amendment brings our current ordinance into compliance with more recent laws and also makes it possible for the City to offer a variety of plans for interested employees. The Managing Director of Human Resources is the Plan Administrator and will report to an Oversight Committee. The Oversight Committee will consist of the City's Chief Financial Officer, the Chief Accountant, and the Managing Director of Management Services. The Human Resources Department recommended that the amendment to Ordinance #8904 be authorized. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to pass on first reading Ordinance #9781 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (18.) Consider Resolution #4733 ratifying action taken during emergency boiler tube repair of generating equipment. RESOLUTION #4733 WHEREAS, the City of Lubbock heretofore entered into an agreement with PVI Industries, Inc., of Fort Worth, Texas, for replacement of boiler tube panels for Holly Plant Boiler No. 2, which had become unreliable due to tube leaks; and WHEREAS, LP&L received bids requiring repairs to be completed no later than April 29, 1994; and :: City Council Minutes February 9, 1995 Page 90 WHEREAS, the delivery of the required tube panels was delayed by labor disputes (trucking strike on the East Coast) and actual delivery of the materials was not complete until May 30, 1994; and WHEREAS, the tubing panels as received had suffered unforeseen damage in shipment and also had insufficient fin setback, which required the Contractor to stay on site approximately five weeks longer than anticipated; and WHEREAS, due to the near proximity of summer peak load requirements creating an emergency situation, since it was critical that both boilers be available to prevent power outages that could result in dangers to the health and safety of the citizens of the City of Lubbock, including failure of traffic signals, critical health care equipment and air conditioning; and WHEREAS, such repairs were necessitated by an unforeseen damage to City equipment due to shipping damage and insufficient fin setback; and WHEREAS, since time was of the essence, such repairs were made as an emergency measure and the project was not rebid as is ordinarily required for change orders exceeding 25 percent of the original contract price; and WHEREAS, the City Council of the City of Lubbock hereby authorizes, approves and ratifies the attached Change Order No. 1 to Bid No. 12824 by PVI Industries, Inc., as an emergency measure; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council hereby authorizes, approves and ratifies the attached Change Order No. 1 to Bid No. 12824 by PVI Industries, Inc., for emergency boiler repairs to Holly Plant Boiler No. 2 and the Mayor of the City of Lubbock is hereby authorized and directed to execute such Change Order No. 1 in the amount of $70,385.77 on behalf of the City of Lubbock. Passed by the City Council this 9th day of February, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jay Wadsworth Jay Wadsworth, Production Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Change Order is filed with Resolution No. 4733. M City Council Minutes February 9, 1995 Page 91 Staff recommended approval of this resolution. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to authorize Resolution #4733 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (19.) Consider Resolution #4734 ratifying action taken during emergency cleaning of generating equipment. RESOLUTION #4734 WHEREAS, the City of Lubbock heretofore entered into an agreement with DIS Industrial Services of Deer Park, Texas, for the cleaning of Holly Plant Boilers No. 1 and No. 2; and WHEREAS, LP&L estimated the cost of cleaning on prior experience on Holly Boiler No. 1 and on a sample core cut out of Holly Boiler No. 2 which was analyzed for scale buildup; and WHEREAS, the actual materials (acid) required to clean the boilers exceeded the amount estimated by approximately 300 percent, despite the prior experience and despite core sample analysis; and WHEREAS, due to the near proximity of summer peak load requirements creating an emergency situation, since it was critical that both boilers be available to prevent power outages that could result in dangers to the health and safety of the citizens of the City of Lubbock, including failure of traffic signals, critical health care equipment and air conditioning; and WHEREAS, such repairs were necessitated by an unforeseen damage to City equipment due to the unanticipated amount of scale build up in said boilers; and WHEREAS, since time was of the essence, such repairs were made as an emergency measure and the project was not rebid as is ordinarily required for change orders exceeding 25 per cent of the original contract price; and WHEREAS, the City Council of the City of Lubbock hereby authorizes, approves and ratifies the attached Change Order No. 1 to Bid No. 12844 by DIS Industrial Services as an emergency measure; NOW THEREFORE: 91 City Council Minutes February 9, 1995 Page 92 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council hereby authorizes, approves and ratifies the attached Change Order No. 1 to Bid No. 12844 by DIS Industrial Services for emergency boiler cleaning of Holly Plant Boilers No. 1 and No. 2 and the Mayor of the City of Lubbock is hereby authorized and directed to execute such Change Order No. 1 in the amount of $183,751.60 on behalf of the City of Lubbock. Passed by the City Council this 9th day of February, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jay Wadsworth Jay Wadsworth, Production Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Change Order is filed with Resolution No. 4734. Staff recommended approval of this resolution. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to authorize Resolution #4734 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (20.) BID #13101--Trucks and Service Bodies (Fleet Services) Gene Messer Ford--2 ea. Cab 7 Chassis, 14500 GVWR per Spec 514; 1 ea. Cab & Chassis, 28000 GVWR per Spec 633; 1 ea. Cab & Chassis, 50000 GVWR per Spec 609. J & B Trailers--1 ea. 12 Yard Dump Body per Spec 722. Altec Industries-4 ea. Insulated Aerial Bucket, 47 Ft. Per Spec 746. Commercial Body Corporation-4 ea. Lube/Fuel Body per Spec 758. American Equipment & Trailer--1 ea. Heavy Duty Flatbed with Bolster per Spec 752; 1 ea. Pole Trailer, 46000 GVWR per Spec 2931. 92 City Council Minutes February 9, 1995 Page 93 Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (21.) BID #13106--Distribution Transformers -Annual Pricing (Electric Distributions See tab sheets for details. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (22.) BID #13111--Underground Storage Tank Removal (Emergency Managements RESOLUTION #4735 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and Pharr and Company of Lubbock to furnish and install all materials as bid for the Underground Storage Tank Removal, 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 9th day of February, 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/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney /s/ David R. Langston DAVID R. LANGSTON, MAYOR 93 City Council Minutes February 9, 1995 Page 94 CONTRACT STATE OF TEXAS S COUNTY OF LUBBOCK 8 THIS AGREEMENT, made and entered into this 9th day of February, 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 Pharr & Company of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 13111--Underground Storage Tank Removal in the amount of $224,188.00 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/ Ken Olson ATTEST: not listed Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Don Vandiver Pharr & Company CONTRACTOR By: /s/ John Pharr TITLE: President COMPLETE ADDRESS: Pharr & Company 907 North Avenue Q Drive Lubbock, Texas 79403 Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to authorize Resolution #4735 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ►!M City Council Minutes February 9, 1995 Page 95 (23.) BID 913124--Utility Truck (Fleet Services). Sirchie--1 ea. Utility Truck. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (24.) BID #13136--ADA Curb Ramps - various locations, and authorize same (Street Drainage/Engineering). RESOLUTION #4736 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 Zebra Construction Company to furnish and install all materials as bid for the ADA Curb Ramps 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 9th day of February, 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 a City Council Minutes February 9, 1995 Page 96 CONTRACT STATE OF TEXAS S COUNTY OF LUBBOCK S THIS AGREEMENT, made and entered into this 9th day of February, 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 Zebra 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. 13136--ADA Curb Ramps - various locations in the amount of $192,392.75 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: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Betty M. Johnson /s/ David R. Langston Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: CONTRACTOR Secretary By: TITLE: COMPLETE ADDRESS: Zebra Construction Company P.O. Box 16466 Lubbock, Texas 79490-6466 Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to authorize Resolution #4736 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. we City Council Minutes February 9, 1995 Page 97 (25.) BID 413140--Gloves-Annual Pricing (Central Warehouse). Service Distributors--120 Pr. Pigskin Leather Palm Glove; 3,600 Pr. Jersey Cotton Gloves; 160 Pr. No. 4 Acid Proof Rubber Gloves; 192 Pr. 86-446 Utility Rubber Glove; 240 Pr. Size 8 Draw Tape Grain Deerskin Glove; 360 Pr. Size 9 Draw Tape Grain Deerskin Glove; 360 Pr. Size 10 Draw Tape Grain Deerskin Glove; 120 Pr. Size 11 Draw Tape Grain Deerskin Glove; 120 Pr. Size 12 Draw Tape Grain Deerskin Glove. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (26.) BID #13141--Outdoor Drinking Fountains (Park Development). Most Dependable Fountains--16 ea. Outdoor Drinking Fountain. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (27.) BID #13143--Remote Drum Level Indicators (Electric Production)'_. Roberts & Spencer--5 ea. Remote Drum Level Indicators. Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (28.) BID #13152--ACM Abatement at various locations on Indiana Avenue, and authorize same (Right -of -Way). RESOLUTION #4737 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 ASAI of Lubbock to furnish and install all materials as bid for the ACM Abatement at various locations on Indiana Avenue 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. 97 City Council Minutes February 9, 1995 Page 98 Passed by the City Council this 9th day of February, 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 8 COUNTY OF LUBBOCK b THIS AGREEMENT, made and entered into this 9th day of February, 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 ASAI 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. 13152--ACM Abatement at various locations on Indiana Avenue in the amount of $16,900.00 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. ., City Council Minutes February 9, 1995 Page 99 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/ Ed Bucy ATTEST: none listed Secretary COMPLETE ADDRESS CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s Don Vandiver ASAI CONTRACTOR By: /s/ Glenda Keyton TITLE: President ASAI P.O. Box 1049 Lubbock, Texas 79408 Motion was made by Councilmember Sitton, seconded by Councilmember Hernandez to authorize Resolution #4737 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (29.) Zone Case No. 1721-B (5211 29th Street and 5212 30th Street) -- Hold a puhlic 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. Mayor Langston opened the public hearing at 10:55 a.m. Lloyd Headrick appeared to present this request for zone change from R-1 to GO Specific Use. Don Byers, Billy M. Scarbrough, Jean Hildreth, and Gary Bennett appeared in opposition to the zone change. Mayor Langston closed the hearing at 11:23 a.m. Randy Henson, Senior Planner, presented staff comments. Mr. Headrick presented a somewhat unique proposal for development of two lots that are back-to-back between 29th and 30th Streets, with no alley. His proposal is to develop an office for his real estate business and his wife's accounting business on the 29th Street lot and to build his home on the lot on 30th Street. Mr. Henson gave the adjacent land uses as follows: North - 29th Street and single family South - single family r- East - duplex zoning and construction West - single family t City Council Minutes February 9, 1995 Page 100 Since Garden Office is described in the Zoning Code as a buffer district, the same as R-2 "duplex," the proposal on 29th Street would be to extend the buffer one more lot west. Testimony by the owner of the duplex on the east and the son of an elderly resident north of 29th Street indicated their opposition. Based on their comments and several letters of opposition, the Planning Commission denied the request. Mr. Headrick has exercised his option to appeal to the City Council. A 6/7 vote would be required to overturn the Planning Commission denial. The request is filed as Specific Use to accommodate a change for two setback guidelines that R-1 and GO require: A 23-foot front setback from 29th Street for the office versus the required 25 feet in GO. A reduced rear setback to 8 feet for the residential unit on 30th Street. Unless the proponent is able to change the opinion of those persons most affected (the duplex owner, the home owner just west, and the residents across 29th), the staff recommended upholding the denial of the Planning Commission. The Planning Commission denied the request and staff supported the denial of the Planning and Zoning Commission, unless the adjacent owners change their position. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Ince to uphold the Planning and Zoning Commission's recommendation to deny this request. Motion carried: 7 Yeas; 0 Nays. (30.) Consider Resolution #4738 authorizing_ local matching funds for a portion of the proposed 82nd Street reconstruction and widening project from Frankford Avenue to U.S. 62/82. RESOLUTION 94738 WHEREAS, the City of Lubbock, Texas, has requested the Texas Department of Transportation to add 82nd Street from Slide Road (F.M. 1730) to U.S. Highway 62/82 to the State Highway System and to reconstruct and widen 82nd Street from Frankford Avenue to U.S. Highway 62/82 with funds provided for by the Intermodal Surface Transportation Efficiency Act (ISTEA); and WHEREAS, the above request by the City is consistent with the Lubbock Metropolitan Transportation Plan: 2015; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City of Lubbock hereby reiterates its request that the Texas Department of Transportation add 82nd Street from Slide Road (F.M. 1730) to U.S. Highway 62/82 to the State Highway System and agrees to provide $313,000 in matching funds for reconstructing and widening 82nd Street from Frankford Avenue to U.S. Highway 62/82 if such project is approved by the Texas Department of Transportation. 100 City Council Minutes February 9, 1995 Page 101 SECTION 2. THAT the Council hereby directs that a copy of this Resolution be forwarded to the Texas Department of Transportation as evidence of the City's commitment to the project. Passed by the City Council this 9th day of February, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hoffman Larry Hoffinan, Director of Transportation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Larry Hoffinan, Director of Transportation, presented staff comments. At the past few meetings of the Policy Advisory Committee, discussions pertaining to the necessity of widening 82nd Street from Frankford Avenue to U.S. 62/82 took place. Staff has 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. If Commission Strategic Priority Funds are approved for this project, there will be no funding delays on those City projects currently approved in the Transportation Improvement Program with federal funds. 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; 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. 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. 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. 101 City Council Minutes February 9, 1995 Page 102 Staff recommended approval of the resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4738 as recommended by staff. Motion carried: 5 Yeas; 1 Nay-- Councilmember Hernandez. Councilmember Cooke was absent from the Council Chambers. (31.) Consider Resolution #4739 authorizing the Right -of -Way Department to make an offer to Joe Dan Griffis and wife, Donna Rae Griffis, for 70.1324 acres of flood and restrictive easement land in Section 25, Block 6, Garza Co Texas (Lake Alan Henry). RESOLUTION #4739 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety and welfare demand and create a public necessity for the acquisition of the easement title to additional land for municipal public uses and purposes, to -wit: for easement title to land for flood and restrictive easement purposes, which easement grants the City (a) the right to intermittently overflow, flood or cover such land at any time with flood, slack or backwater created by construction, maintenance or operation by the City of its John Montford Dam and the Lake Alan Henry Reservoir, also known as the Justiceburg Dam and Reservoir, and for the storage of water created by the construction of the Dam; (b) the right to enter upon said land, with due notice and without loitering, to clear, destroy or dispose of any timber, brush, obstruction, accumulation, trash, filth or any other thing which would in any way interfere with the construction, maintenance or operation of such dam and reservoir or tend to render the same unsafe or unsanitary, and to prevent the drainage or dumping of refuse, sewage or other material into such reservoir, and to carry out an adequate program of pollution control; and (c) the right to prevent the construction of, or the removal, with due notice, of any structure or facility located or to be located on said land, in connection with the extension of the waterworks system of the City of Lubbock; and WHEREAS, the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT easement title for flood and restrictive easements to the land hereinafter referred to as Flood and Restrictive Easements "1 ", "2", "3" and "4", the legal descriptions of each of said tracts being attached hereto and made a part hereof collectively as "Exhibit A", said tracts of land being located in Garza County, Texas, and Lots 1, 2, 9 and 10, Block Two (2), and Lots 10, 11 and 12, Block Three (3), East Justiceburg Addition, Garza County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owners of said tract, being JOE DAN GRIFFIS and his wife, DONNA RAE GRIFFIS, BE offered through the Right -Of -Way Department of the City of Lubbock the amount of $7,013.24, which is the amount appraised as the value and total damages for the easement title to the real estate hereinabove described, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated; and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to said land as hereinabove described for public purposes and municipal purposes. 102 City Council Minutes February 9, 1995 Page 103 Passed by the City Council this 9th day of February, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -Of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Flood and Restrictive Easements is filed with Resolution No. 4739. Ed Bucy, Right -of -Way Agent, presented staff comments. This 70.1324 acres of land needed for a flood and restrictive easement at Lake Alan Henry is located adjacent to the town of Justiceburg and is made up of four tracts of land and seven platted lots in the East Justiceburg Addition. The four tracts of easement land are as follows: Tract 1 - 54.40 acres; Tract 2 - 15.10 acres; Tract 3 - 0.02 acres; and Tract 4 - 0.05 acres. The seven platted lots in the East Justiceburg Addition are as follows: Lots 10, 11, and 12, Block 3, containing 0.2410 acres and Lots 1, 2, 9, and 10, Block 2, containing 0.3214 acres. Since 1987, the City has been paying $100 per acre for flood and restrictive easement land ($100 per acre x 70.1324 acres = $7,013.24). This easement will protect the City of Lubbock if Lake Alan Henry reaches flood elevation due to excess rain fall. The minerals have been subordinated under this easement area. The Right -of -Way Department recommended this offer to Mr. and Mrs. Griffis. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Ince to authorize Resolution #4739 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 103 City Council Minutes February 9, 1995 Page104 (32•) Consider Resolution #4740 authorizing the Mayor to sign a lease contract with Koch Materials Company (1611 Marshall Street). RESOLUTION #4740 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 Lease between the City of Lubbock and Koch Materials Company 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 9th day of February, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney A copy of the Lease Agreement with Koch Materials Company is filed with Resolution No. 4740. Ed Bucy, Right -of -Way Agent, presented staff comments. This lease agreement is for the lease of Lot 2, Tract 3, Marnels Industrial Addition to Koch Materials Company for five years with two five-year option periods. This 4.58 acre tract of land is located south of the 1600 Block of Marshall Street, just west of North Avenue P, and was purchased in 1973 by the City for emergency diesel fuel storage. At present, two 1-million gallon storage tanks and other minor improvements are on the property. Koch will pay $300 per month for the first year. In subsequent years, the rent will be adjusted according to the Consumer Price Index. Koch Materials has agreed to improve this City -owned property. Koch Materials will pay the water and sewer pro rata due on this tract of land and will pay for the installation of water and sewer lines to the property. They will also clean and update the storage tanks and facilities. The Right -of -Way Department recommended the acceptance of this lease contract. Motion was made by Mayor Pro Tem. Neugebauer, seconded by Councilmember Ince to authorize Resolution #4740 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 104 City Council Minutes February 9, 1995 Page 105 (33.) Consider Resolution 94741 authorizing the Mayor to execute a contract with Williams-Stackhouse Incorporated for photogrammetric mapping_ services for the City of Lubbock. RESOLUTION #4741 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and Williams-Stackhouse Incorporated for photogrammetric mapping services, 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 9th day of February, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Contract with Williams- Stackhouse Incorporated is filed with Resolution No. 4741. Larry Hertel, City Engineer, and Blas Gomez, Senior Civil Engineer, presented staff comments. The City Council authorized preparation of aerial photography and contour maps as part of the FY 94-95 Capital Projects Budget. This project includes 1) preparation of a new aerial mosaic of the City and portions of the City's Extra Territorial Jurisdiction (ETJ); 2) creation of 342 rectified aerial photographs at a 1"=200' scale; and 3) contour mapping of 34 square miles of the City's ETJ. The City of Lubbock Purchasing Department issued Requests for Proposals (RFP) with the deadline for response set for December 15, 1994. A review committee recommended Williams- Stackhouse Incorporated (WSI) to provide the requested photogrammetric services. After multiple discussions and negotiations with WSI, a final contract amount of $187,625 and a completion time of 200 calendar days were agreed upon. This project was allocated $210,000 in the FY 94-95 Storm Water Capital Projects Budget. Staff recommended approval of this resolution. 105 City Council Minutes February 9, 1995 Page 106 Motion was made by Councilmember Ince, seconded by Councilmember Patterson to authorize Resolution #4741 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (34.) Consider Resolution #4742 authorizing the Mayor to sign a contract with the engineering firm of Parkhill, Smith & Cooper Inc (PSC), to provide engineering services for the Mackenzie Park Drainage and Irrigation system capital projects. RESOLUTION #4742 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 for Engineering Services, attached herewith, by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc., 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 9th day of February, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ John Webb John Webb, Park Development Supervisor APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement for Engineering Services with Parkhill Smith & Cooper, Inc is filed with Resolution No. 4742. Rusty Black, Maintenance Superintendent, presented staff comments. The Parks Department has two capital improvement projects that require professional services. The projects are both 1993 bond projects and include Mackenzie Drainage Improvements with a budget of $235,000, and the Mackenzie Irrigation Project with a budget of $240,000 for a total of $475,000. 106 City Council Minutes February 9, 1995 Page 107 The selection committee appointed by the City Manager recommended that the engineering firm of Parkhill, Smith & Cooper (PSC) be used to provide the necessary services; the City Council authorized staff to negotiate a contract with PSC. The results of the negotiation are as follows: basic services will be provided by PSC for 8 percent of proposed construction cost of $426,800 ($36,300). Basic services include engineering and design for the increased water storage, low water crossing and ball field irrigation. Other services which are considered non -basic, but will be provided by PSC at a negotiated cost of $11,600, include field surveying, geotechnical investigations and coordination of a Corps of Engineers 404 Permit. The total amount paid to PSC will be $47,900. The staff recommended approval of this resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4742 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (35.) Consider Resolution #4743 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. RESOLUTION #4743 WHEREAS, the City of Lubbock is a Member City of the Canadian River Municipal Water Authority; and WHEREAS, the City Council of the City of Lubbock continues to be concerned with the increasing chloride content of water obtained from Lake Meredith and; WHEREAS, the amount of chloride and dissolved solids in the water supplied from Lake Meredith do not meet the requirements of the Texas Natural Resources Conservation Commission secondary (aesthetic) constituent levels; and WHEREAS, it appears that it may be several years before the Lake Meredith desalinization project reaches completion; and WHEREAS, the Canadian River Municipal Water Authority has been engaged in efforts to obtain a source of underground water supply with the support and encouragement of the City of Lubbock, as indicated by Resolution adopted by the Lubbock City Council on May 13, 1993; and WHEREAS, the Canadian River Municipal Water Authority has advised the City of Lubbock of its intent to enter into a contract for the purchase of certain underground water rights, contingent upon the successful outcome of a bond validation suit, and has requested the City of Lubbock to consent to such purchase; and WHEREAS, the purchase of said under groundwater rights by the Canadian River Municipal Water Authority not only will improve the quality of Lubbock's water, but also will increase the quantity of water available to Lubbock citizens; and 107 City Council Minutes February 9, 1995 Page 108 WHEREAS, the City Council of the City of Lubbock recognizes that Lake Meredith is and will continue to be Lubbock's primary source of water which should be preserved and enhanced at every possible opportunity; and WHEREAS, the City Council desires to express its consent to the proposed purchase and to state its intent to pay the City of Lubbock's share of the water rights acquisition and subsequent ground water production and conveyance facilities construction costs; NOW, THEREFORE, BE IT RESOLVED: THAT the City Council of the City of Lubbock hereby consents to the proposed purchase of underground water rights as described and authorized in the Resolution No. 0194-I IA of the Board of Directors of Canadian River Municipal Water Authority, such consent being conditioned upon the successful completion of a bond validation suit and legal assurance of the ability of the Canadian River Municipal Water Authority to export the ground water from Roberts County, Texas to the City of Lubbock;and THAT in the event the Canadian River Municipal Water Authority is unable to give legal assurance to the City of Lubbock of its authority to export the ground water from Roberts County, Texas to the City of Lubbock, then this Resolution shall be of no further force or effect; and THAT the Canadian River Municipal Water Authority shall give the assurances above referred to City of Lubbock by furnishing the City a written opinion from the Authority's General Counsel indicating that it has the authority to export ground water to the City of Lubbock, Texas, prior to the execution of any agreements contemplated by this Resolution; and THAT the City Council of the City of Lubbock hereby expresses its intent to contract with Canadian River Municipal Water Authority for the repayment of Lubbock's share of the costs of construction, operation, and maintenance of the necessary project facilities to develop and transport the underground water supply, in return for the provision of a water supply to the City from such resource, all as generally described in planning reports previously furnished, upon presentation of a suitable form of such contract; and THAT the City of Lubbock, being sensitive to the financial impact of said project upon its rate payers, reserves the right to issue its own debt to cover any and all capital costs of the project and to make periodic project construction payments to the Canadian River Municipal Water Authority beginning no earlier than July 1, 1996; and 108 City Council Minutes February 9, 1995 Page109 THAT the City Council of the City of Lubbock hereby urges all the member cities of the Canadian River Municipal Water Authority to support this very worthwhile and necessary project. PASSED by the City Council this 9th day of February, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Director of Water Utilities APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney Terry Ellerbrook, Director of Water Utilities, and John Williams, CRMWA General Manager, presented comments. This resolution was considered during the January 26, 1995, City Council meeting. It was the consensus of the Council at that time to continue the item. The total cost of the project is estimated to be $76,500,000, of which Lubbock's share would be about $28,800,000, based on Lubbock's share of water from the reservoir. If Lubbock joins in this project, it is estimated that a water rate increase of 15 percent would be required. This project would serve to postpone the need for water from Lake Alan Henry to meet Lubbock's future water supply needs. The current estimate of the cost of bringing Lake Alan Henry on line is $142,000,000. During the January 26 meeting, a member of the City Council stated that a citizen had advised that another study of water rights in the North Panhandle had been done in 1983 and that a report on this study had been prepared by the Bureau of Economic Geology. After discussing this matter, the Council decided it would like the CRMWA to review this prior study and report back to Council before making a final decision on the current ground water project. Mr. John Williams, CRMWA General Manager, was asked to research the matter of the prior study by the Bureau of Economic Geology and to present this information to the City Council. However, the Bureau of Economic Geology was unable to complete the research prior to the February 9 Council meeting. A ground water blending project, as proposed, would serve to improve the quality and quantity of water available to Lubbock, conserve the water in Lubbock's Bailey county well field, and serve to postpone the time that water from Lake Alan Henry would 109 A City Council Minutes February 9, 1995 Page 110 be needed to meet Lubbock's water supply needs. Staff recommended approval of this item. Councilmember Hernandez indicated that he would be voting against the purchase because he felt that the Council should wait until the research by the Bureau of Economic Geology is complete. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Cooke to authorize Resolution #4743 as recommended by staff. Motion carried: 6 Yeas; 1 Nay-- Councilmember Hernandez. (36.) Consider Resolution #4744 authorizing acceptance of water and sanitary sewer improvements for Lots 103-198, Remington Park Addition. RESOLUTION #4744 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 103 THROUGH 198, REMINGTON PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 103 through 198, Remington Park Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $100,335.55, with the improvements constructed by Utility Contractors of America having a value of $70,853.20, as determined by the unit prices established by said Chapter 28, and $29,482.35 cash paid to the City, which amount includes $6,320.33 transferred funds for adjacent lines, and $21,742.83 cash for adjacent lines, with Lubbock Land Company, the developer, to receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $0.00 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. 110 City Council Minutes February 9, 1995 Page I I I 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 9th day of February, 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. Murphy Michael E. Murphy, Senior Utilities Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Mike Murphy, Senior Civil Engineer, presented staff comments. This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $100,335.55 including value of construction costs of $70,853.20 and $29,482.35 cash paid to the City of Lubbock. The developer, Lubbock Land Company, will not receive a refund. There is no refund of deposit. Staff recommended acceptance of these improvements. Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to authorize Resolution #4744 as recommended by staff. Motion carried: 6 Yeas; 0 Nays --Mayor Pro Tern Neugebauer recused and excused himself from discussion and voting on this item. (37.) Consider a resolution authorizing the Mayor to execute an interlocal agreement with Texas Tech University regarding professional baseball. This item was deleted from the agenda. (38.) Consider Resolution 94745 amending the 1994-95 City of Lubbock budget for municipal purposes. RESOLUTION #4745 WHEREAS, Section 102.010 of the Local Government Code of the State of Texas authorizes City Councils to make changes in budgets for municipal purposes; and WHEREAS, in accordance with the City Budget Ordinance, the City Manager is authorized to make transfers between funds, accounts, departments or programs for City purposes; and ill City Council Minutes February 9, 1995 Page 112 WHEREAS, the City Council deems it advisable to change the budget for municipal purposes and reallocate funds as follows; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 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: $2,358,560 shall be transferred from the Undesignated/Unreserved Fund Balance in the General Fund into the following funds: $132,000 into the General Permanent Capital Maintenance Fund Balance to fund the City's share of the Citibus fleet replacement; $151,560 into the General Capital Projects Fund Balance for police equipment; $50,000 into the 5th and J Tank Testing capital project in the Internal Service Capital Projects Funds; $500,000 into the Underground Storage Tank Testing Remediation capital project in the Internal Service Permanent Capital Projects Fund; $800,000 into the Permanent Street Maintenance Fund Balance for additional street seal coating; $150,000 into the Parks Capital Projects Fund to be used for improvements to irrigation systems, playgrounds, equipment, etc.; and $575,000 into the General Permanent Capital Maintenance Fund to enhance maintenance of our current facilities. 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 9th day of February, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Mark Hindman Mark Hindman, Director of Support Services APPROVED AS TO FORM: /s/ John C. Ross, John C. Ross, Jr., City Attorney Mark Hindman, Director of Support Services, presented staff comments. The Comprehensive Annual Financial Report for the fiscal year 1993-94 revealed General Fund revenues exceeded expenditures by $2,361,547. The staff recommended funding several projects with the year end surplus. Over the past two years, staff has used surplus funds at the year end to fund major projects which would most likely impact future budgets or require the issuance of debt. Following are the recommendations, along with a brief summary of the rationale. 112 City Council Minutes February 9, 1995 Page 113 Bus Replacement $132,000 The Citibus fleet is the oldest such fleet in the State of Texas. Staff has been concerned about replacement for a number of years, but has been actively pursuing both Federal and State assistance. Citibus recently received a substantial amount of assistance from the Federal Government and have subsequently been working with the State. At its meeting on January 26, Commissioners from the Texas Department of Transportation approved a Minute Order granting additional funds to the City of Lubbock. This puts us in a position to replace the entire Citibus fleet with only $132,000 in local tax funds. Police Department Vehicles $151,560 While staff is concerned with the entire spectrum of police services, our primary concern is with our patrol operations. Our current projections indicate that by next fiscal year staff will need to add additional personnel in order to keep up with existing demands for service. Staff has been notified by the Federal Government that the City will receive a grant which will enable us to hire eight additional patrol personnel in our next rookie class. The grant, however, will not fund capital items associated with these personnel (vehicles, etc.). Staff recommends that funds be set aside in order to adequately equip these personnel. Underground Storage Tank Remediation $550,000 Like other underground storage tank owners, the City is required by Federal Law to take appropriate remediation steps in the event that leakages occur. Due to the age of many of our tanks, we are experiencing a number of leaks and are now seeing the need to take appropriate remediation actions. The General Fund portion of the remediation will be approximately $550,000. Street Seal Coating $800,000 During last year's budget reviews, both Council and staff continued to express concern about our ability to maintain the infrastructure in our streets, parks, and public facilities. On an annual basis, staff budgeted $600,000 per year in the Permanent Street Maintenance Fund. That amount is expended in its entirety for seal coating purposes. Unfortunately, that amount in no way meets our annual need for seal coating. This year staff is recommending that an additional $800,000 be included. Parks Capital Projects $150,000 While the recommended monies would not enable us to enhance our operating efforts, it would enable us to add additional funds for the upgrade of our parks infrastructure. These funds are used for improvements to irrigation systems, playgrounds, equipment, etc. 113 City Council Minutes February 9, 1995 Page114 General Fund PCMF $575,000 During this year's budget, staff discussed the need to do a better job with regard to maintaining our facilities. These funds are used for the replacement of HVAC systems, roofs, etc. Staff also anticipates that repairs to the Municipal Coliseum will be more costly than projected. These funds would be the logical source to supplement the existing bond funds. Approval of these projects would leave a projected fund balance in the General Fund, which is approximately $210,000 above our two- month operating reserve. Designation of these funds for the projects listed above will still leave an adequate undesignated/unreserved balance in the General Fund. Staff recommended approval of this item. Motion was made by Mayor Pro Tem. Neugebauer, seconded by Councilmember Patterson to authorize Resolution #4745 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (39.) Hold an executive session, in accordance with V T C A Government Code, Section 551.074 (a)(1), to discuss personnel matters (City Attorney and City Manager). (40.) Hold an executive session, in accordance with V T C A Government Code, Section 551.071 (1)(A), to discuss pending or contemplated litigation (Water Utilities). (41.) 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 (Culture & Leisure Services and Right -of -Way) (42.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074 (a)(1) to discuss personnel matters regarding duties, responsibilities and/or appointments to: Board of Health Committee for Women Drainage Criteria Advisory Committee Firemen's and Policemen's Civil Service Commission The Lubbock Housing Finance Corporation Lubbock Libraries Board Lubbock Municipal Arts Committee Neighborhood Redevelopment Commission Park and Recreation Board Permit & License Appeal Board Zoning Board of Adjustment 114 City Council Minutes February 9, 1995 Page 115 There being no further business to come bb Council to adjourn the meeting at 1:42 m. ATTEST: Betty M. Johnson, City Secretary Read and approved this the 23rd of F ATTEST: Betty A Johnson, ity Secretary Council, it was the consensus of AVID R 7 Yeas; 0 Nays. TON, 115