Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 3/9/1995CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING March 9, 1995 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 9th day of March 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 Tem Randy Neugebauer, Councilmember T. J. Patterson, Councilmember Max L. Ince, Councilmember Alex Cooke, City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary Betty M. Johnson. Absent: Councilmember Victor Hernandez and Councilmember Windy Sitton. Mayor Langston called the meeting to order at 10:02 A.M. ( 1.) The Invocation was given by J. Robert Massengale, Director of Electric Utilities. ( 2.) Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Board Appointments. ( 4.) Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve the minutes of the February 17, 1995, Special City Council Meeting and the minutes of the February 23, 1995, Regular City Council Meeting as written. Motion carried: 5 Yeas; 0 Nays. ( 5.) ORDINANCE #9742--An ordinance abandoning and closing a portion of 5th Street, a fifteen -foot alley, and a two -foot underground utility easement located in the Westover Heights Addition (4910 5th Street). ORDINANCE #9742 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 5TH STREET IN WESTOVER HEIGHTS ADDITION, AN ADDITION TO THE CITY OF LUBBOCK A 15-FOOT ALLEY LOCATED IN WESTOVER HEIGHTS ADDITION; AND A TWO -FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN WESTOVER HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS MORE PARTICULARY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on second and final reading Ordinance #9742 as recommended by staff. Motion carried: Yeas; 0 Nays. City Council Minutes March 9, 1995 Page 168 ( 6•) ORDINANCE #9782--An ordinance amending Chapter 2 and Chanter 19 of the Code of Ordinances of the City of Lubbock Texas, with regard to the duties of the Park and Recreation Board and the Municipal Golf Course ORDINANCE 99782 AN ORDINANCE AMENDING CHAPTER 2 OF AND CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE DUTIES OF PARK AND RECREATION BOARD AND THE MUNICIPAL GOLF COURSE; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on second and final reading Ordinance #9782 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. ( 7.) ORDINANCE #9783--Zone Case #2127-D (3817 S. Loop 289 Continued request of Steve Hurt for a zoning change from C-2 to C-4 (limited to a motel) on a tract out of Section 11, Block E- 2. ORDINANCE #9783 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2127-1); A ZONING CHANGE FROM C-2 TO AM SPECIFIC USE ZONING, LIMITED TO A MOTEL, ON A TRACT OUT OF SECTION 11, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on second and final reading Ordinance #9783 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. ( 8.) ORDINANCE #9784--Zone Case No. 2749 (2126 50th Street) -- Request of Rosita Trevino (for Rosalio's) for a zoning change from C-2A to C-4 limited to a drive -through restaurant on Lot 1A, Talleyburn Addition. ORDINANCE 49784 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2749; A ZONING CHANGE FROM C-2A TO C-4 ZONING ON LOT 1A, TALLEYBURN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on second and final reading Ordinance 49784 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. City Council Minutes March 9, 1995 Page 169 ( 9.) ORDINANCE #9785--Zone Case No. 2750 (915 E. 58th Street)- -Request of Rick Benavides (for Paisano Communications, Inc.) for a zoning change from M-1 to M-1 Specific use (for a radio tower) on Lot 104, James Subdivision. ORDINANCE #9785 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2750; A ZONING CHANGE FROM M-1 TO M-1 SPECIFIC USE ZONING FOR A RADIO TOWER ON LOT 104, JAMES SUBDIVISION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on second and final reading Ordinance #9785 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (10.) Consider Resolution #4766 authorizing acceptance of sanitary sewer improvements for Lots 14-15, Santa Fe Park Addition RESOLUTION #4766 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 14 AND 15, SANTE FE PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 14 and 15, Santa Fe 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 $71,178.33, with the improvements constructed by Utility Contractors of America having a value of $64,570.65, as determined by the unit prices established by said Chapter 28, and $6,607.68 cash paid to the City, and $5,220.98 cash for adjacent lines, with Lubbock Development, Inc., the developer, to receive a refund of $39,851.96, as assigned by Frenship Independent School District, 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 $39,851.96 be made in accordance with said Chapter 28. 169 City Council Minutes March 9, 1995 Page 170 SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 9th day of March, 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 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 $71,178.33, including value of construction costs of $64,570.65 and $6,607.68 paid to the City of Lubbock. The developer, Lubbock Development, Inc., will receive a refund of $39,851.96 in accordance with Chapter 28 of the Code of the City of Lubbock. There is no refund of deposit. Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4766 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (11.) Consider Resolution #4767 declaring intention to reimburse expenditures for the construction of two playgrounds in Mackenzie Park with proceeds obtained from a future bond issue. RESOLUTION #4767 RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT STATE OF TEXAS COUNTY OF LUBBOCK WHEREAS, the City of Lubbock (the "Issuer") intends to issue debt for two playgrounds in Mackenzie Park in and for said City (the "Project"), and further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; 170 City Council Minutes March 9, 1995 Page 171 WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Project with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $75,000. Dated: March 9, 1995. Passed by the City Council this 9th day of March, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR 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 As part of the Mackenzie Park Redevelopment plan, the Parks Department has a 1995 Bond project with a budget of $75,000. This project calls for the construction of two playgrounds in Mackenzie Park. Park development staff is in the process of developing plans for playgrounds on Higginbotham, Dupree, Mahon, Casey, and Smith parks. The playgrounds for Casey and Smith parks are both 1994/95 parks capital projects, while the playgrounds for Higginbotham, Dupree, and Mahon parks are 1993/94 parks capital projects. The total amount budgeted for the completion of these five playgrounds is $227,000. Approval of this resolution will allow staff to expedite the bid and construction of the Mackenzie Park playgrounds to coincide with the bid and construction of the five playgrounds currently being developed. This will also allow the playgrounds to be completed prior to the summer season when a higher user rate for the facilities is expected. Interim funding will be obtained from the Parks Capital Projects Fund. 171 City Council Minutes March 9, 1995 Page 172 This resolution is a technical action that would allow us to expend funds for qualifying capital expenditures and reimburse those expenditures in the spring of 1995, when the bond certificates are issued. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4767 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (12.) Consider a resolution authorizing the Mayor to execute a tax abatement agreement with Aycock Freight, Inc., (located on East 40th Street). This item was deleted from the agenda. (13.) Consider Resolution #4768 authorizing the Mayor to execute a tax abatement agreement with Industrial Molding Corporation (located at 3101 S.E.Loop 289). RESOLUTION #4768 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 Guidelines and Criteria governing tax abatement for commercial projects in designated enterprise zones in the City of Lubbock attached herewith, by and between the City of Lubbock and Industrial Molding Corporation, and any associated documents, 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 March 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 Relations/ Economic Development APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement between the City of Lubbock and Industrial Molding Corporation is filed with Resolution No. 4768. 172 City Council Minutes March 9, 1995 Page 173 Staff received a request from Industrial Molding Corp. for a 10-year tax abatement on an expanded facility at 3101 S.E. Loop 289. The application is for an expansion of an existing facility for warehousing and distribution of plastic molded parts. The Phase II construction will include a 60,000 square foot distribution facility at an estimated cost of $750,000. The completion date for the Phase II expansion is August 31, 1995. Estimated value of the undeveloped land is $150,000. The expansion will allow the company to retain 65 jobs at the Phase I location and create an additional 12 jobs. The company plans to have 90 jobs at the plant in one year. A 10-year tax abatement agreement was approved for the Phase I start-up in March 1994. The Phase I agreement was granted to Gary Products and recently assigned to Industrial Molding Corporation. The project will add considerable value to the tax base and create new industrial jobs for the community. On February 23, 1995, Council adopted a resolution giving Notice of Intent to enter into a tax abatement agreement with Industrial Molding Corporation. Staff recommended approval of the resolution and tax abatement agreement with Industrial Molding Corporation. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4768 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. 173 City Council Minutes March 9, 1995 Page 174 (14.) Consider Resolution #4769 authorizing the Mayor to sign a Pre -Application to Texas State Library for grant funding under Title II. Library Services and Construction Act, for the Northwest Branch Library. RESOLUTION #4769 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 Pre -Application to Texas State Library for grant funding under Title II, Library Services and Construction Act, for the Northwest Branch Library and Family Learning Center, attached herewith, by and between the City of Lubbock and Lubbock City -County Library, and any associated documents, which Application shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of March, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Bettv M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jeff Rippel Jeff Rippel, Library Director APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Pre -application to the Texas State Library is filed with Resolution No. 4769. The Library Services and Construction Act (P.L. 101-254) provides grants for the purpose of paying a portion of the construction costs of public libraries. In compliance with the Act, the Texas State Library administers a matching grant program to assist local public libraries to construct, purchase, add to, or remodel main or branch public library facilities. The Lubbock City -County Library meets the criteria of eligibility to apply for Title II funding to be used for the new branch in west Lubbock. The amount of the grant is based upon the population served. A branch library construction for a community of 100,000 to 199,999 population can be granted a maximum of $100,000. The matching requirement must be an amount at least equal to the amount of the federal grant. 174 City Council Minutes March 9, 1995 Page 175 If granted, the project year begins September 1, 1995, and ends August 31, 1998. Approval of grant applications is conducted by the Texas State Library and Archives Commission in June/July. Approval process at the U.S. Department of Education is September/October. If granted, a construction contract must be signed before January 1, 1996. As with any federal grant, there are a number of assurances which must be met. The list of assurances has been reviewed by the Planning and Legal departments and includes provisions with which the City is familiar. Council should be particularly aware, however, that there is a 20-year payment penalty, if the recipient "ceases or fails to be a public or nonprofit institution, or the facility ceases to be used as a library facility." Staff work on the detailed elements of the application process is not considered excessive. With the construction budget already set at a very tight cost, the staff points out that, if awarded, a $100,000 construction supplement equals approximately $5 per square foot. Staff recommended approval of the resolution and the proposed pre -application. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4769 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. 175 City Council Minutes March 9, 1995 Page 176 (15.) Consider Resolution 94770 authorizing the Mayor to execute Change Order No. 2 between the City of Lubbock and BRB Contractors for the Southeast Water Reclamation Plant Contract 4. RESOLUTION #4770 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 Change Order No. 2 by and between the City of Lubbock and BRB Contractors, Inc. For the Southeast Water Reclamation Plant Improvements Contract 4, Water Reclamation Plants 2 & 3, Laboratory Improvements and Demoliton of Plant 1, 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 March, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Bettv 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/ Jean E. Shotts Jr. Jean E. Shotts, Jr. Trial Attorney A copy of Change Order No. 2 is filed with Resolution No. 4770. Contract No. 4, originally contracted to BRB in the amount of $10,185,000, is one of four construction contracts in the $50.6 million project to expand, upgrade, and renovate the Southeast Water Reclamation Plant. Contract 4 involves the renovation of Plants 2 and 3, improvements to the laboratory facilities, and the demolition and removal of Plant No. 1. This change order consists of five items which add a total of $65,111.07, and three items which deduct a total of $55,259.83, or a total net increase to the contract of $9,851.24. The increase items include the removal of plaster from the interior side of the perimeter walls of the lab building and the addition of furring channels, the demolition and removal of mass concrete at the stoops at the lab building exterior doors, and modifications to the lab casework. The above work will add $2,113 to the contract. Another item (costing $4,193.75) provides for the installation of aluminum angles for support of the bottom section of bio-tower media. This change was necessary due to value engineering 176 City Council Minutes March 9, 1995 Page 177 changes which substituted pre -cast concrete walls for cast -in -place concrete walls which saved the City $80,000. Another addition is $1,113.82 for construction of a junction box and associated piping to convey raw sewage from the existing 27-inch vitrified clay tile (VCT) line near Plant 1 headworks to the new 36-inch raw sewage line. A lump sum increase of $27,659.66 is proposed for the installation of a 36-inch sewer line to pipe raw sewage from the existing 24" and 30" aerial lines to the new headworks. During the inspection process, it was discovered that the existing VCT lines were cracked and leaking. A failure of these lines would result in a stream discharge and serious permit violation. The final increase item ($30,030.84) is for the replacement of the polymer emulsion and polymer solution transfer pumps at the solids handling building with pumps of larger capacity. This change will allow the four belt filter presses to operate at a 100% capacity rate and allow belt filter press operations to be conducted in a single 8-hour shift, rather than two shifts, thus saving operator labor costs. The pumps originally installed were exactly as specified in the contract documents. However, a calculation error by the design engineer resulted in specifying pumps which were too small to serve two belt presses concurrently. Therefore, Black & Veatch recalculated the pump requirements and recommended replacement of the eight pumps at a cost of $28,000. The City staff, based on operating experience at the plant, recommended replacement with slightly larger pumps at a cost of approximately $31,000. Four of the eight original pumps could not be returned to the manufacturer, and will thus remain the property of the City. Black & Veatch offered to pay one-half of the original $28,000 replacement cost estimate, and the City staff considers this offer to be reasonable. Three deduct items totaling $55,259.83 are included in this change order. The use of existing chain link fence and post materials will make it possible to deduct $22,316.00 for fencing improvements. Secondly, a $16,460.95 deduction can be realized by the deletion of a new 30-inch influent line around the existing Plant 3 headworks. The engineers recommended that an existing pipe and flow channel could be used. Finally, the change order includes for the deletion of some landscape gravel beds around existing sludge drying beds, which would deduct $16,482.88. Approval of this change order, together with prior changes, will result in a net change of 0.24 percent over the contract price. The staff recommended approval of this item. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4770 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. 177 City Council Minutes March 9, 1995 Page178 (16.) Consider Resolution #4771 authorizing the Mayor to execute a dedication deed in connection with the platting of Lot 1, East Lubbock Library Branch Addition (1836 Parkway Drive.), RESOLUTION #4771 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 Dedication Deed in connection with the platting of Lot 1, East Lubbock Library Branch Addition, 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 March, 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 Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Jeff Hartsell Jeff Hartsell, Assistant City Attorney A copy of the Dedication Deed is filed with Resolution No. 4771. This resolution authorizes the Mayor to execute a dedication deed for the platting of City -owned property to be known as Lot 1, East Lubbock Library Branch Addition. This area being platted is located west of Walnut Avenue and south of Parkway Drive and contains 4.93 acres of land. This dedication deed will subdivide this unplatted parcel of land. The Right -of -Way Department recommended the execution of this dedication deed. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4771 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. 178 City Council Minutes March 9, 1995 Page179 (17.) Consider Resolution 44772 authorizing the Mayor to execute a contract to provide garbage collection and disposal at the Samuel Wahl Recreation Area, Lake Alan Henry. RESOLUTION #4772 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 and Glenn Martin Companies, 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 March, 1995. /s/ David R. Lang_ston 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/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Agreement between the City of Lubbock and Glenn Martin Companies is filed with Resolution No. 4772. The City of Lubbock has a responsibility to operate the Samuel Wahl Recreation area at Lake Alan Henry as a safe and clean facility. Informal telephone bids for garbage collection and disposal were taken during the summer of 1994. Bids were submitted from the City of Lubbock, the City of Snyder, Waste Management of Lubbock, Browning -Ferris Inc. and Glenn Martin companies of Spur, Texas. The low bid came from Mr. Glenn Martin. Glenn Martin's bid was $350 per month for rental and upkeep of two 3-yard containers. Each service call will cost $88. Other bids ranged from $673 per month from the City of Snyder to $1,100 per month from Browning -Ferris Inc. for service once a week on two containers. Mr. Martin will be responsible for any environmental laws or ordinances in collecting or disposing of the waste and will service receptacles on site within 24 hours of a call from our representative. Mr. Martin has submitted copies of his general liability insurance coverage and automobile liability coverage. The City staff recommended the execution of this contract. 179 City Council Minutes March 9, 1995 Page180 Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4772 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (18.) Consider Resolution 44773 authorizing the Mayor to execute a contract with Insurance Partners Southwest Inc. to design a Request for Proposal to solicit responses for the group health plan and to assist in the evaluation of those responses RESOLUTION #4773 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 Insurance Partners Southwest, Inc., to design a Request for Proposal to solicit responses for the group health plan and to assist in the evaluation of those responses 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 March 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews Managing Director Human Resources APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Contract between the City of Lubbock and Insurance Partners Southwest, Inc. is filed with Resolution No. 4773. On April 1, 1988, the City of Lubbock contracted with Washington National Insurance Company to provide medical, dental and life coverages, and with First Health Strategies for the administration of those coverages. Since that time, other plans such as a prescription card program, mail order drug program and discounted hospital arrangement have been added to the plan. To remain competitive in the changing health care environment, a complete re-evaluation of the current plan is necessary. ME City Council Minutes March 9, 1995 Page 181 Insurance Partners Southwest is highly qualified to design a proposal for the City's health plan. Under the leadership of Randall Martell, a qualified team of consultants would be assembled to provide the consulting services needed. This team provides professionals experienced in health care, computer services, actuarial skills and employee communications. This will be an extension of an existing contract with this consulting firm. The consulting team will design a request to meet the changing needs of the City of Lubbock. Many programs in the current package have been added to the basic plan implemented in April 1988. With the changing health care market, skilled professionals are needed to examine our current level of benefits, offer cost effective solutions which satisfy the employee and are in line with budgetary constraints, as well as plan for future benefit needs. The fee for the professional services will not exceed $13,880, including expenses. These services include an evaluation of the claims history, plan design, and PPO network, preparation of the RFP, response to RFP inquiries, analysis of the proposals, analysis of the reinsurance coverage, negotiations with the finalist and implementation of the new program. Staff recommended approval of this contract. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4773 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (19.) Consider Ordinance #9786 amending Sections 24-64, 24-66. and 24 71 of the Code of Ordinances relating to assigning the appropriate city official to regulate sidewalk nuisances and street barricades. ORDINANCE #9786 AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE APPROPRIATE CITY OFFICIAL TO REGULATE DEFECTIVE SIDEWALKS, DRIVEWAYS, ETC., AND TO APPROVE BARRICADING OF CONSTRUCTION IN PUBLIC RIGHT OF WAY; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Under the current ordinance, defective and/or hazardous sidewalks, driveways, or curbs are the responsibility of the property owner. The current ordinance defines these conditions as a nuisance and delegates enforcement responsibilities to the Building Inspection Department. Staff recommended that the ordinance be amended to reassign these responsibilities to the Codes Administration Department, which is set up to monitor all areas of the City for nuisances and has the ability to notify property owners of any violations through our computer system. 181 City Council Minutes March 9, 1995 Page182 Staff also recommended that the responsibilities for permitting and reviewing street barricades be assigned to the Traffic Engineering Department, which maintains all information on these requirements and can closely monitor barricades. Also, it will enable us to provide contractors with all barricade and street use permit information at one location. Finally, traffic engineers can inspect the use and installation of the barricades, signs, fences, and flags in order to provide safer use of the streets. All three departments have reviewed these changes and agree that the public would be better served by making these changes. Staff recommended that the City Council approve the changes as proposed. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass on first reading Ordinance #9786 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (20•) Consider the Price and condition of sale of Parcel Number 33500-13-110 at 108 Avenue M in the Guadalupe Area This is a routine sale of property by the Urban Renewal Agency to Building Homes, Inc., for $1,575 for a 1,718 square foot single- family home valued at $45,500. The proposed sale is submitted according to the marketing plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989. The Housing Rehabilitation staff recommended approval of the sale. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve the sale as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (21•) BID #13072--Police Motorcycles (Fleet Services). This item was deleted from the agenda. (22•) BID #13114--Water Treatment Chemicals Annual Pricin (Water Utilities). Boliden Intertrade, Inc.--70 Tn Dry Ferric Sulfate. Weskem-Hall, Inc.--55,200 GI Sodium Hypochlorite, 10% Solution. Delta Distributors, Inc.--20,820 Lb Sodium Hydroxide, 25% Solution. General Chemical Corporation--70 Tn Ground (Dry) Aluminum Sulfate (Alum). Russ Chemical Co., Inc.--750 Tn Liquid Aluminum Sulfate (Alum). Carus Chemical Company--30,000 Lb Potassium Permanganate (Bulk Shipments); 5,500 Lb Potassium Permanganate (25 Kg Drums). 182 City Council Minutes March 9, 1995 Page 183 Allied Colloids, Inc.--50,000 Lb Polymer, Emulsion Type, Liquid; 50,000 Lb Polymer, Emulsion Type, Dry. DPC Industries, Inc.--60 Tn Liquid Anhydrous Ammonia. Paul Carroll Welding Supply, Inc.--400 Ea. Liquid Chlorine, 1 Ton Cylinders; 570 Ea. Liquid Chlorine, 150 Lb. Cylinders. Central Garden & Pet Co.--220 Tn Powdered Activated Carbon (Pac). Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve low bids meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (23.) BID #13153--Restroom Facility Construction at Atzlan and Higginbotham Parks, and authorize same (Park Development). RESOLUTION #4774 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 Lubbock Building Services of Lubbock to furnish and install all materials as bid for the Restroom Facility Construction at Atzlan and Higginbotham Parks for the City of Lubbock, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of March 1995. ATTEST: /s/ Bette 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 183 City Council Minutes March 9, 1995 Page 184 CONTRACT STATE OF TEXAS 6 COUNTY OF LUBBOCK S THIS AGREEMENT, made and entered into this 9th day of March, 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 Lubbock Building Services 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. 13153--Restroom Facility Construction at Atzlan & Higgibotham Parks in the amount of $84,931.00 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/ R. Webb ATTEST: Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver Lubbock Building Services CONTRACTOR By: /s/ Jerry Smith TITLE: Owner 10 City Council Minutes March 9, 1995 Page 185 COMPLETE ADDRESS: Lubbock Building Services P.O. Box 65600-194 Lubbock, TX 79464 Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4774 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (24.) BID #13159--Fleet Services Renovation, and authorize same (Building Services). RESOLUTION #4775 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 Quicksilver Construction of Lubbock to furnish and install all materials as bid for the Fleet Services Renovation, 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 March 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 8 _ THIS AGREEMENT, made and entered into this 9th day of March, 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 Quicksilver Construction of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. :' City Council Minutes March 9, 1995 Page 186 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. 13159--Fleet Services Renovation in the amount of $27,644.00 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: ATTEST: Secretary COMPLETE ADDRESS CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: Quicksilver Construction CONTRACTOR By: TITLE: Quicksilver Construction 1205 E. 46th Street Lubbock, Texas 79401 Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4775 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. E1:171 City Council Minutes March 9, 1995 Page 187 (25.) BID 413160--Animal Shelter Renovation, and authorize same (Animal Control). RESOLUTION #4776 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 Knox, Gailey & Meador of Lubbock to furnish and install all materials as bid for the Animal Shelter Renovation, 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 March 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 /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS d COUNTY OF LUBBOCK S THIS AGREEMENT, made and entered into this 9th day of March, 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 Knox, Gailey & Meador, 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. 13160--Animal Shelter Renovation in the amount of $431,691.00 187 City Council Minutes March 9, 1995 Page 188 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 ATTEST: Secretary COMPLETE ADDRESS CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: Knox, Gailey & Meador, Inc. CONTRACTOR By: TITLE: Knox, Gailey & Meador, Inc. P.O. Box 5736 Lubbock, Texas 79417 Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4776 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (26.) BID 913164--20' Rotary Cutter (Land Application Site). Terry County Tractor, Inc.--2 Ea. 20' Rotary Cutter. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve low bid meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. UM City Council Minutes March 9, 1995 Page 189 (27.) BID #13176--Animal Control Cages Assembly (Animal Control). Mavron, Inc.--2 Ea. Animal Control Cage Assembly per Spec 730. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve low bid meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (28.) BID #13202--Repair of 1st & 2nd Stage Turbine Nozzles --Gas Turbine 43 (Electric Production). Preco Turbine --total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to approve low bid meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (29.) ZONE CASE NO 2747 (2301 Auburn) --Hold a public hearing to consider anneal of Linda DeLeon and Marina L. Garcia (for Jackson Neighborhood Association) for a zoning change from M-2 to C-2 on Lot 2 Sundown Addition, and consider ordinance. It was the consensus of Council to continue this item until the April 13, 1995, City Council Regular Meeting. (30.) 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). (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 (Solid Waste and Water Utilities). (32.) 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 Drainage Criteria Advisory Committee Keep Lubbock Beautiful Advisory Committee Lubbock Municipal Arts Committee Neighborhood Redevelopment Commission Park and Recreation Board Zoning Board of Adjustment City Council Minutes March 9, 1995 Page190 (33.) Confirm appointment of Robert Dominguez to the Drainage Criteria Advisory Committee Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Robert Dominguez to the Drainage Criteria Advisory Committee. Motion carried: 5 Yeas; 0 Nays. The City Council recessed into executive session at 10:10 a.m. Following the executive session, Mayor Langston announced that City Attorney John C. Ross, Jr., has presented the Council with a letter of resignation, effective January 1, 1996. Mayor Langston told the audience that Mr. Ross will complete 37 years of legal practice, all but five of those years being in the area of municipal law. He mentioned that Mr. Ross had been involved in many landmark cases that impact day-to-day municipal operations across the state and thanked him for his years and service to the City of Lubbock. Mr. Ross expressed his appreciation for the Council's support and said that he looks forward to spending more time with his family. He indicated that prior to retirement he would be at the Council's disposal to help effect the transition. There being no further business to come efore Counci , it was the consensus of Council to adjourn the meeting at 11:52 p.m. Mo 'on carried: 5 eas; 0 bL7 AVID R. ATTEST: Betty M. Johnso , City Secretary Read and approved this the 23rd day of arc: ATTEST: Betty Ni. Johnson -,City Secretary 190