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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/23/1995CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING March 23, 1995 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 23rd 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 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 10:30 A.M. ( L) The Invocation was given by City Attorney John C. Ross, Jr. ( 2.) Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Board Appointments. (4.) Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Ince to approve the minutes of the March 9, 1995, Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. ( 5.) ORDINANCE #9786--Amending Sections 24-64, 24-66, 24-71 of the Code of Ordinances relating to assigning the appropriate city official to regulate sidewalk nuisances and street barricades. ORDINANCE 99786 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. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Ince to pass on second and final reading Ordinance 99786 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. City Council Minutes March 23, 1995 Page 192 ( 6.) 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. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Ince to pass on second and final reading Ordinance #9780 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 7.) Ordinance #9771--Abandoning and closing two portions of a drainage easement and one portion of an overflow easement located in Tract A, Treasure Island Addition (5801 4th Street). ORDINANCE #9771 AN ORDINANCE ABANDONING AND CLOSING TWO PORTIONS OF A DRAINAGE EASEMENT AND ONE PORTION OF AN OVERFLOW EASEMENT LOCATED IN TRACT A, TREASURE ISLAND 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. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Ince to pass on second and final reading Ordinance #9771 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 8.) Consider Ordinance 99787 abandoning and closing a 15-foot alley located in Block 37, Suburban Homes Addition to the City of Lubbock (110 50th Street) ORDINANCE 49787 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ALLEY LOCATED IN BLOCK 37, SUBURBAN HOMES 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. 192 City Council Minutes March 23, 1995 Page 193 This ordinance abandons and closes a 15-foot by 630-foot east -west alley located north of 50th Street and west of Avenue A. Town and Country Food Stores requested that this alley area be closed for replatting purposes. The area being closed contains 9,452.52 sq. ft. The Right -of -Way Department has appraised this area at 20¢ per sq. ft. from Appraisal District values and recent sales in this area. The City will receive $1,890.50 for this alley area being closed. All utilities are in agreement and the final plat has been turned in. The Right -of -Way Department recommended the first reading of this ordinance. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Ince to pass on first reading Ordinance #9787 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. ( 9.) Consider Resolution 94777 declaring the intent to reimburse expenses related to the construction of an air cargo ramp with proceeds from a future bond sale. RESOLUTION 44777 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 Air Cargo Ramp construction 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; 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. 193 City Council Minutes March 23, 1995 Page 194 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 $900,000. Dated: March 23, 1995 Passed by the City Council this 23rd day of March, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Be11y 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/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney This resolution provides for the reimbursement of the remaining funding needed for the Air Cargo Ramp Project. This will allow the award of the bid and the project to proceed pending the sale of Certificates of Obligation (CO). CO's are used to finance this project with previous certificates issued totaling $2,725,000. This resolution will provide funding for an additional $900,000 that will later be issued in Certificates of Obligation. The Certificates of Obligation for this project are being retired through the collection of passenger facility charges previously authorized and approved for collection and use for this project. The original approval for this project totaled $4.6 million. Due to favorable bids the project cost is now estimated at $3,625,000. Staff recommended the approval of this resolution. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to authorize Resolution #4777 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 194 City Council Minutes March 23, 1995 Page 195 (10.) Consider Resolution #4778 authorizing the Mayor to execute a ramp use agreement with Federal Express Corporation RESOLUTION #4778 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Ramp Area Use Agreement with Federal Express Corporation, 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 23rd 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/ Jim Newsome Jim Newsome, A.A.E., Interim Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Ramp Area Use Agreement between the City of Lubbock and Federal Express Corporation, is filed with Resolution No. 4778. This agreement will represent a commitment for the second installment of the air cargo complex on the west side of the airfield at Lubbock International Airport. The air cargo complex is a public -private venture with the airport providing the air side improvements (taxiway and ramp) and land side infrastructure. Airborne Express has already completed their new facility in the cargo complex via a third party developer (Midway Construction). Federal Express has hired Wes Hallmark, a local broker, to act as their agent to construct the new facility. The staff has begun negotiations with Hallmark on a ground lease for the facility. 195 City Council Minutes March 23, 1995 Page 196 Staff bid the job with Airborne as a base and the Federal Express portion as an additive alternate. Those bids closed on January 19, 1995, with C.B. Thompson of Lubbock as the apparent low bidder. The base bid was $2,136,275 with the additive alternate being $1,033,093, for a total bid of $3,169,368. With engineering added, the total project is set at $3,600,000, a figure well under our bond allotment of $4.6 million. The importance of the bid is that the additive alternate (Federal Express) is twice the size of the Airborne portion for only an additional million dollars. At their February meeting, the Airport Board approved the agreement pending no substantial changes by Federal Express. The agreement was presented to the Board as a standard ramp use agreement similar to the one executed with Airborne. It is written for an initial term of 10 years with two 5-year extensions. The terms are based on the standard $0.24 per square foot per year rate for ramp space, which will produce $38,016 annually on 158,400 square feet of ramp area. It also contains the Consumer Price Index Adjustment and provides landing fees at 125 percent of what the certificated passenger air transportation companies pay. The combined monthly rent from both ramps is estimated at $5,500 per month. Staff recommended that Council approve this agreement. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to authorize Resolution #4778 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (11.) Consider Ordinance 99788 authorizing Deferred Payment through a time payment contract for Iglesia Bautista El Pueblo de Dios Unido for sewer pro rata payments. ORDINANCE #9788 AN ORDINANCE PROVIDING FOR DEFERRED PAYMENT OF WATER PRO RATA CHARGES BY IGLESIA BAUTISTA EL PUEBLO DE DIOS UNIDO IN THE CARLISLE AREA IN THE SAME MANNER AS IS PROVIDED FOR OWNERS OF SINGLE FAMILY RESIDENCES BY SECTION 28-164 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SAVINGS CLAUSE. The Iglesia Bautista El Pueblo de Dios Unido (2211 Urbana Place) has requested that their pro rata payment be given special consideration to be placed on a time payment contract. The current ordinance (Sec. 28-164 Deferred Payments) provides for a time payment contract if the property is an owner -occupied, single-family residence. Currently water is being provided by a private well water system, and is scheduled to be shut off in the very near future. Costs associated with this project are paving repairs totaling $1052, meter set of $290 and pro rata fees of $918. All costs except for the pro rata fee will be paid up front. Time payment contracts require a 15 percent down payment with the remaining amount to be paid out within 36 months at 6 percent interest. 196 City Council Minutes March 23, 1995 Page 197 Due to the unique circumstances of this request, including the avoidance of unhealthy conditions, location and up front costs associated, staff recommended approval of this ordinance. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to pass on first reading Ordinance #9788 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (12.) Consider Resolution 44779 authorizing the Mayor to execute a tax abatement agreement with Aycock Freight, Inc. (located on East 40th Street). RESOLUTION 94779 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 Aycock Freight, Inc., 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 23rd 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 /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Guidelines and Criteria are filed with Resolution No. 4779. Staff received a request from Aycock Freight, Inc., for commercial tax abatement in the South Enterprise Zone. Aycock Freight, Inc., plans to construct a new freight terminal with 6,000 square feet of warehouse space and 1,200 square feet of office space on East 40th Street. The proposed improvements should add approximately $375,000 additional value to the undeveloped real property. The current value of the undeveloped land is $20,000. There will be approximately $95,000 in personal property at the new site. 197 City Council Minutes March 23, 1995 Page198 The company currently employs six full-time employees, and management expects to add three to four new positions before the end of the 1995 calendar year. Aycock Freight provides service to retailers, manufacturers and private citizens of Lubbock and surrounding counties. The project will add new value to the tax base in the South Enterprise Zone and will result in the retention of six employees and the addition of three to four new employees. Approval will be necessary by the affirmative vote of three -fourths of the City Council because a variance under the guidelines is sought since the facility does not qualify as a totally new business operation. On February 23, 1995, Council adopted a resolution giving Notice of Intent to enter into a tax abatement agreement with Aycock Freight, Inc. Staff recommended authorization by the Mayor to execute a tax abatement agreement with Aycock Freight, Inc. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to authorize Resolution #4779 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (12A.) Consider Resolution #4780 authorizing the Mayor to execute Change Order No. 1 between the City of Lubbock and West Texas Equipment Company for landfill compactor equipment. RESOLUTION 94780 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 Change Order No. 1 by and between the City of Lubbock and West Texas Equipment for landfill compactor equipment, 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. 198 City Council Minutes March 23, 1995 Page199 Passed by the City Council this 23rd 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 A copy of Change Order No. 1 is filed with Resolution No. 4780. In December 1994 the City received bids for one 90,000 pound and two 50,000 pound landfill compactors. The bids were structured so as to allow the City to choose between the two alternatives. Bids were received from Associated Supply Company and West Texas Equipment for the 90,000 pound compactor. Bids were received from West Texas Equipment and Al jon for the two 50,000 pound compactors. West Texas Equipment was the low bidder for both alternatives. While the initial decision was made to purchase the larger unit, analysis conducted by our new Solid Waste Superintendent (who has extensive experience in landfill operations) indicates that the City would be better served by the acquisition of the two smaller units for the following reasons: It allows for a $72,672 price reduction. The smaller machines are more readily serviceable with lower operating and maintenance costs while producing equal compaction ratios. The recommended machines will have longer life and less down time due to off the shelf parts and less stress than on one machine. The recommended machines will also have a higher resale value because of a greater demand. Due to operational changes in the landfill the larger machine would be an operational safety hazard while the two smaller machines would produce greater operational efficiency. The change is allowable under the terms of our contract and is acceptable to the vendor. Staff recommended approval of this change. 199 City Council Minutes March 23, 1995 Page 200 Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Ince to authorize Resolution #4780 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (13.) BID #13133--Lubbock International Airport North Cargo Apron and Taxiways Improvements, and authorize same (Aviation). RESOLUTION #4781 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 C.B. Thompson Construction, to furnish and install all materials as bid for the Lubbock International Airport North Cargo Apron and Taxiways Improvements, 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 23rd 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 8 COUNTY OF LUBBOCK 8 THIS AGREEMENT, made and entered into this 23rd 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 C. B. Thompson Construction 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: 200 City Council Minutes March 23, 1995 Page 201 BID NO. 13133--Lubbock International Airport North Cargo Apron & Taxiways Improvements in the amount of $3,169,368.10 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: C. B. Thompson Construction CONTRACTOR By: TITLE: C. B. Thompson Construction P.O. Box 6456 Lubbock, Texas 79493-6456 Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Ince to authorize Resolution #4781 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (14.) BID #13174--Cutouts and Fuses - Annual Pricing (Central Warehouse). Cummins Supply Company— 1 Ea. 100 Amp Fuse Holder 7.8 KV Item #592040001; 450 Ea. 15 KV Cutout Without Fuse Holder Item #592040002; 50 Ea. Expendable Fuse Holder Cap 100 Amp, 7.8 KV Item #592040004; 1 Ea. 300 Amp Cutout Blade 15 KV Item #592040005; 25 Ea. Expendable Fuse Holder Cap 200 AMP, 15 KV Item #592040006; 15 Ea. 200 Amp Fuse Holder 15 KV Item #592040009; 200 Ea. 2 Amp Fuse Link Type "T" 15 KV Item #592040054; 1,200 Ea. 6 Amp Fuse Link Type "T" 15 KV Item #592040055; 150 Ea. 10 Amp Fuse Link Type "T" 15 KV Item #592040056; 150 Ea. 15 Amp Fuse Link Type "T" 15 KV Item #592040057; 250 Ea. 25 Amp Fuse Link Type "T" 15 KV Item 201 City Council Minutes March 23, 1995 Page 202 #592040058; 200 Ea. 40 Amp Fuse Link Type "T" 15 KV Item #592040059; 50 Ea. 65 Amp Fuse Link Type "T" 15 KV Item #592040060; 25 Ea. 80 Amp Fuse Link Type "T" 15 KV Item #592040061; 25 Ea. 100 Amp Fuse Link Type "T" 15 KV Item #592040062; 25 Ea. 140 Amp Fuse Link Type "T" 15 KV Item #592040063; 25 Ea. 200 Amp Fuse Link Type "T" 15 KV Item #592040064; 75 Ea. 50 Amp Fuse Link Type "T" 15 KV Item #592040065; 500 Ea. 100 Amp Fuse Holder 15 KV Item #592040086; 50 Ea. Expendable Fuse Holder Cap 100 Amp, 15 KV Item #592040087. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (15.) BID #13178--Interior Alterations at Municipal Building, and authorize same (Building Services RESOLUTION #4782 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 LDC Construction Company, Inc., to furnish and install all materials as bid for the Interior Alterations at Municipal Building 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 23rd day of March, 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 202 City Council Minutes March 23, 1995 Page 203 CONTRACT STATE OF TEXAS S COUNTY OF LUBBOCK S THIS AGREEMENT, made and entered into this 23rd 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 LDC Construction Company, 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. 13178--Interior Alterations at Municipal Building in the amount of $139,973.00 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: LDC Construction Company, Inc. CONTRACTOR By: TITLE: LDC Construction Company, Inc. P.O. Box 65251 Lubbock, Texas 79464 203 City Council Minutes March 23, 1995 Page 204 Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to authorize Resolution #4782 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (16.) BID #13184--ACM Abatement at Lubbock Municipal Coliseum, and authorize same (Civic Center) RESOLUTION #4783 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 West Texas Abatement of Lubbock, to furnish and install all materials as bid for the ACM Abatement at Lubbock Municipal Coliseum, 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 23rd 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 S THIS AGREEMENT, made and entered into this 23rd 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 West Texas Abatement 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: 204 City Council Minutes March 23, 1995 Page 205 BID NO. 13184--ACM Abatement at Lubbock Municipal Coliseum in the amount of $31,744.00 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/ Freddy Chavez ATTEST: Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langsa ton Mayor APPROVED AS TO FORM: Donald G. Vandiver West Texas Abatement CONTRACTOR By: /s/ Leo Padgett TITLE: Vice President COMPLETE ADDRESS: West Texas Abatement P.O. Box 2895 Lubbock, Texas 79408 A project that would provide for air conditioning of the Municipal Coliseum was developed and put out for bid in the early part of 1994. Due to the new arena issue, the project was placed on hold prior to accepting the bids. The January 1995 election for the construction of a new arena failed and as a result staff was instructed to review the plans and specifications on hand for air conditioning of the Municipal Coliseum. In our review of those plans with the assigned engineering firm, the issue of asbestos abatement was discussed and it was determined best to bid that portion of the original project separately. Plans and specifications addressing the asbestos abatement were developed and the project advertised for bid. The majority of piping that services the air handler units in the Coliseum are insulated with an asbestos material. The insulation had previously been encapsulated to keep the fibers from entering the atmosphere, but in order to remove the air handler units and install new units for the air conditioning project, the insulation must be completely removed. When removal of this type of insulation is performed, the state requires 205 City Council Minutes March 23, 1995 Page 206 that it be performed by a vendor that is registered and licensed in that area of expertise. The methods used in asbestos abatement require that none of the fibers be allowed to remain in the atmosphere during or after the removal of the material. The city received a total of seven responses from vendors both locally and from the surrounding area. The following vendors submitted the related bid amounts: Asbestos Removal Inc. (Odessa) $56,000 A.S.A.I. (Lubbock) $98,363 Asbestos Maintenance Services, Inc. (Borger) $44,995 West Texas Abatement (Lubbock) $31,744 National Service Cleaning Corp. (Orange) $58,000 Vanco Insulation Abatement Inc. (Midland) $58,938 Tri-Pro Services, Inc. (Kaufinan) $46,363 It should be noted that this project is Phase I of the Coliseum HVAC bond project; once this project is approved, the next step is to proceed with the remainder of the HVAC Cooling Project for the Coliseum. By performing the removal of the asbestos insulation, the existing steam pipes above the seating areas will be exposed and unprotected. If, after the removal of the insulation, Phase II of the air conditioning project is either postponed or abandoned, new insulation of some type will be required to be installed prior to the steam boilers going back on line next fall. There will be a cost involved in performing that work. Staff does not recommend delaying this project any longer. Phase I of the Coliseum HVAC project (ACM Abatement) is estimated to be completed by June 26, 1995. The remainder of the Coliseum HVAC project is estimated to be completed by mid -November. In order to install the required air handler units that will provide the cooling in the Coliseum, the existing units must be first be removed. Removal of the units also requires the removal of the piping that services them. The piping is insulated with a material which contains asbestos and must therefore be removed by a licensed vendor prior to the removal of any piping associated with the units. It is staffs recommendation that the City award Bid #13184 to West Texas Abatement for the low bid amount of $31,744 for the asbestos abatement as outlined in the written specifications and associated drawings. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to authorize Resolution #4783 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (17.) BID #13185--Steam Valves (Electric Production). Kerotest Manufacturing-48 Ea. 1/2" Steam Valves; 36 Ea. 3/4" Steam Valves; 48 Ea. 1" Steam Valves; 12 Ea. 1 1/2" Steam Valves. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 206 City Council Minutes March 23, 1995 Page 207 (18.) BID #13186-- Groundwater Treatment Equipment (Emergency Management). Pumps of Oklahoma --total bid. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (19.) BID 413187--Flexible Membrane Liner and Leachate Collection System, and authorize same (Solid Waste). RESOLUTION #4784 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 Big D Lining of Midland, Texas, to furnish and install all materials as bid for the Flexible Membrande Liner and Leachate Collection System, 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 23rd 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 23rd 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 Big D Lining Systems Company of the City of Midland, County of Midland, and the State of Texas, hereinafter termed CONTRACTOR. 207 City Council Minutes March 23, 1995 Page 208 WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 13187--Flexible Membrane Liner and Leachate Collection System in the amount of $421,115.24 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/ Debra Frankhouser ATTEST: /s/ Marjorie Parrish_ Secretary COMPLETE ADDRESS CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Lan sg ton Mayor APPROVED AS TO FORM: Donald G. Vandiver Big D Lining Systems Company CONTRACTOR By: /s/ Don E. Tomlin TITLE: President Big D Lining P.O. Box 7808 Midland, Texas 79708 Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Ince to authorize Resolution #4784 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 208 City Council Minutes March 23, 1995 Page 209 (20.) BID #13188--Methane Monitoring Wells, and authorize same (Solid Waste. RESOLUTION 44785 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 Terra Engineers, Inc., of Lubbock, Texas, to furnish and install all materials as bid for the Methane Monitoring Wells, 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 23rd 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 23rd 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 Terra Engineers, 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. 13188--Methane Monitoring Wells in the amount of $31,592.10 209 City Council Minutes March 23, 1995 Page 210 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT ATTEST: Secretary COMPLETE ADDRESS CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: Terra Engineers, Inc. CONTRACTOR By: TITLE: Terra Engineers, Inc. P.O. Box 16605 Lubbock, Texas 79408 Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to authorize Resolution 44785 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (21.) BID 913196--Agricultural Seed - Annual Pricing (Land Application Site). Seedco Corporation— 150,000 Lb. Hay Grazer Seed; 13,360 Lb. Cowpea Seed; 510 Lb. Sorghum Seed. Richardson Seeds of Lubbock, Inc.--300,000 Lb. Triticale Winter Variety Seed; 5,000 Lb. Oat Seed; 7,500 Lb. Alfalfa Seed. Frontier Hybrids, Inc.--1,000 Lb. Grass Seed. Bamert Seed--7,500 Lb. Matua Brome Grass Seed. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 210 City Council Minutes March 23, 1995 Page 211 (22.) BID #13072--Police Motorcycles (Fleet Services). This item was removed from the consent agenda. Kawasaki Good Times--3 Ea. Solo Police Motorcycles per Spec 204. Mark Hindman, Director of Support Services, presented staff comments. In response to Bid #13072, the City of Lubbock received competitive sealed bids for three police motorcycles from Kawasaki Good Times of Lubbock and Graves Harley Davidson of Lubbock. Graves Harley Davidson also included a repurchase proposal with the submission of their bid. Texas Local Government Code §252.043 states "If the competitive sealed bidding requirement applies to the contract, the contract must be awarded to the lowest responsible bidder. The governing body may reject any and all bids. " Because an award under competitive sealed bidding procedures is made to the lowest responsible bidder and negotiations on price or service delivery method are not permitted, the evaluation procedure is somewhat simpler than that for responses to a Request for Proposals. A common error in evaluating competitive sealed bids is to favor a bidder offering more than what was called for in the bid document. In the above mentioned bids, Kawasaki Good Times offered to sell the specified motorcycles for $8,167 each. Graves Harley Davidson offered to sell the same specified motorcycles for $11,000 each and offered to repurchase any or all of the units that are in good working order at the end of one year for $9,500 each. A prebid meeting was held on February 7, 1995, in order to give bidders an opportunity to discuss any changes to the specifications. However, a representative from Graves Harley Davidson was not present at this prebid meeting. Kawasaki Good Times is the lowest responsible bidder regardless of what Graves Harley Davidson offers as a bonus. When evaluating a competitive sealed bid, the original specifications and the bid price submitted are the determining factors. Under competitive sealed bidding, the deliberations of the evaluators center on whether the lowest responsive bidder meets the qualification criteria; a bidder does not receive additional consideration for exceeding them. Rather than awarding this bid to the lowest responsible bidder, Council may reject both bids and instruct staff to rebid police motorcycles with specifications that include a repurchase provision. However, this course of action is very likely to result in a non-competitive situation. Kawasaki Good Times has indicated that they will not bid a repurchase provision due to their inability to forecast the market value of used motorcycles a year from now. In addition, the City of Amarillo took bids for police motorcycles in January 1994 with a repurchase provision and received only one bid from the local Harley Davidson dealer ($9,700 for the same model that Graves Harley Davidson bid to the City of Lubbock for $11,000). Rebidding may also be perceived as giving one vendor an advantage over the other after Kawasaki Good Times submitted a bid as specified disclosing their price. 211 City Council Minutes March 23, 1995 Page 212 It is also important to note that a bid with a repurchase provision is not without risk and may not result in the lowest cost to the City. Using Graves Harley Davidson's repurchase proposal as an example, at the end of one year there is the possibility that one or more police motorcycles may not be in good working order at the time of repurchase due to the type of environment in which a police motorcycle operates. If so, Graves Harley Davidson could refuse to repurchase the motorcycles or require the City to pay for any necessary repairs. Consequently, the City could end up spending more than the Kawasaki low bid. Furthermore, based on the average service life of a Kawasaki police motorcycle, the average annual cost to the City for the Kawasaki low bid would be $1,361 compared to the one-year net cost of $1,500 for the Harley repurchase plan. In addition, under the repurchase plan, the City's initial cash outlay would be $8,400 more than Council approved in the City budget for these motorcycles. Staff recommended the award of this bid to Kawasaki Good Times of Lubbock. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 1 Nay-- Councilmember Hernandez. (23.) ZONE CASE NO.2402-E (southeast corner of 82nd Street and Elkhart) --Hold a public hearing to consider request of Hugo Reed and Associates (for Lubbock Land Company) for a zoning change from GO to R-1 Specific Use (for garden homes) on a tract out of Section 26, Block E-2, and consider ordinance. ORDINANCE 49789 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2402-E; A ZONING CHANGE FROM GO TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON A TRACT OUT OF SECTION 26, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:46 a.m. Bernie Gradel appeared on behalf of Lubbock Land Company to present this request for zone change from GO to R-1 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 10:48 a.m. Bill Boon, Planner II, presented staff comments. The existing zoning is Garden Office. Mr. Boon gave the adjacent land uses as follows: North - residential South - residential East - residential West - commercial, vacant 212 City Council Minutes March 23, 1995 Page 213 The request is consistent with both Comprehensive Land Use Plan and zoning policies. These four lots will round out a garden home community that exists to the south and east. The proposal will have little or no effect on traffic. The proposed condition for a zero setback on the north lot line (adjacent to 82nd Street) is compatible with a condition of the zone case to the east. Whether the structure located on the lot line is a brick fence or building wall, visibility along 82nd Street is or will remain the same. This will allow the 10-foot side yard of the four homes to be oriented to the south. The portion of the condition recognizing no wall or fence in the 25-foot vision triangle at the corner of Elkhart and 82nd Street is current Code, and the staff asked that it be restated within this ordinance. The Planning Commission recommended the request for approval subject to the following conditions: The setback shall be zero on the north property line. No fence or structure taller than two feet shall be located within the 25 foot vision triangle on the corner of 82nd Street and Elkhart. The staff supports the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance #9789 with conditions recommended by P&Z and City staff. Motion carried: 6 Yeas; 0 Nays --Mayor Pro Tern Neugebauer recused and excused from any discussion and voting on this item. (24.) ZONE CASE NO.2751 (northwest corner of 59th Street and York) --Hold a Public hearing to consider request of Hugo Reed and Associates (for H.O.L.D.) for a zoning change from R-1 to R-1 Specific Use (for garden homes) on Lots 11-16, Block 1, Piedmont Addition, and consider ordinance. ORDINANCE 49790 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2751; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON LOTS 11-16, BLOCK 1, PIEDMONT ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:49 a.m. Bernie Gradel and Lewis Garnett appeared on behalf of Hugo Reed and Associates to present this request for zone change from R-1 to R-1 Specific Use. No one appeared in opposition. Mayor Langston closed the hearing at 10:52 a.m. 213 City Council Minutes March 23, 1995 Page 214 Bill Boon, Planner II, presented staff comments. The existing zoning of these lots is R-1. Several years ago when the Slide Road Development Plan accommodated commercial uses along Slide, the required brick fence now in place provided a separation between these and other residential lots from the new commercial. Mr. Boon gave the adjacent land uses as follows: North - single family South - commercial East - residential West - commercial As residential to residential, the request is consistent with both Comprehensive Land Use Plan and Zoning policy. Two return comments from adjacent owners are not valid relative to either the flooding or renter occupied issues. The overflow capacity from Buster Long Park to Dupree Park is established, and the addition of these roof tops is irrelevant within the total context of that drainage water shed. The proposal will have no adverse effect on the thoroughfare system. The Planning staff supports the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to pass on first reading Ordinance #9790 as recommended by P&Z and City staff. Motion carried: 7 Yeas; 0 Nays. (25.) Hold a public hearing to consider amendment of the Zoning Code in the building materials and construction section of the Interstate Industrial District (IHI) regarding a prohibition of factory manufactured metal panels with through -the -wall fasteners, and consider ordinance. ORDINANCE 99791 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS ENTITLED "ZONING", BY AMENDING SECTION 29-23.3(o)(2)a ENTITLED "IHI DEVELOPMENT STANDARDS"; REGARDING METAL WALL PANELS; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:55 a.m. A public hearing was conducted to present an amendment to the Zoning Code. No one appeared in opposition. Mayor Langston closed the public hearing at 10:56 a.m. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance #9791 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 214 City Council Minutes March 23, 1995 Page 215 (26.) Hold a public hearing to consider amendment of the Zoning Code for the definition of "rear yard" in the R-1 Specific Use, R-1 and R-2 sections related to setback for garages from the alley or easement line, and consider ordinance. ORDINANCE #9792 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS ENTITLED "ZONING", BY AMENDING THE DEFINITION OF "REAR YARD" IN REGARD TO GARAGE SETBACKS IN SECTION 29-7(f)(2) ENTITLED "R-1 SINGLE-FAMILY DISTRICT" SECTION 29-8(f)(2), ENTITLED "R-2 TWO-FAMILY DISTRICT", AND SECTION 29-24(2)(e) ENTITLED "SPECIFIC USE DISTRICT (TOWNHOUSE/GARDEN HOME) R-1 DISTRICT"; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:55 a.m. A public hearing was conducted to present an amendment to the Zoning Code. No one appeared in opposition. Mayor Langston closed the public hearing at 10:56 a.m. Motion was made by Councilmember Cooke, seconded by Councilmember Sitton to pass on first reading Ordinance #9792 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (27.) Hold a public hearing to consider clarification of existing definition for parking at restaurants in the C-4 District, and consider ordinance. ORDINANCE #9793 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS ENTITLED "ZONING", BY AMENDING SECTION 29-20(m)(1)h ENTITLED "OFF-STREET PARKING - REQUIRED" TO CLARIFY RESTAURANT PARKING IN THE "C-4" DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION. Mayor Langston opened the public hearing at 10:55 a.m. A public hearing was conducted to consider clarification of existing definition for parking at restaurants in the C-4 District. No one appeared in opposition. Mayor Langston closed the public hearing at 10:56 a.m. Motion was made by Councilmember Cooke, seconded by _ Councilmember Ince to pass on first reading Ordinance #9793 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 215 City Council Minutes March 23, 1995 Page 216 (28.) Consider Resolution #4786 authorizing the Mayor to execute an agreement with the South Plains Regional Chapter of the American Red Cross to administer and deliver the City Learn to Swim Program. RESOLUTION 44786 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 the South Plains Regional Chapter of the American Red Cross, 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 23rd 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/ Carolyn Aliamus Carolyn Aliamus, Director of Culture & Leisure APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Agreement between the City of Lubbock and South Plains Regional Chapter of the American Red Cross is filed with Resolution No. 4786. Carolyn Aliamus, Director of Culture and Leisure Services, presented staff comments. The Sports and Leisure Department has provided a Learn to Swim Program at various City swimming pools. This program is designed to offer safe instruction in swimming. Approximately 300 children have participated in this program each year. Revenues for 1994 were $6,120 while expenses were $8,933, which resulted in an operating loss of $2,813. The consumer price for swimming instruction is driven by the market. In 1994 cost for the program was $20. The South Plains Chapter of the American Red Cross would like to enter into an agreement with the City for the delivery of all services associated with the Learn to Swim program. Red Cross is currently the authoritative entity in Lubbock that has the responsibility to certify all pool personnel in first aid, CPR and lifeguard training. 216 City Council Minutes March 23, 1995 Page 217 The proposed agreement with Red Cross enables the City to continue having swimming instruction available to the community, alleviates extensive administrative overhead during peak swimming season, relieves the City of direct costs associated with delivering this service and maintains a quality product at the lowest cost to the taxpayer. The agreement is for one year with two (one year) renewal options. Compensation to the City will be 30 percent of net profits. Red Cross will be responsible for all operation costs associated with the Learn to Swim program. City staff has reviewed similar programs in cities in Texas and around the country and have found that it is common practice to have a relationship with the Red Cross to deliver swimming instructions. The proposed agreement with Red Cross exemplifies the City's goal toward quality service and quality product at a lower cost to taxpayers. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4786 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (29.) Consider Resolution #4787 authorizing the Mayor to execute for and on behalf of the City of Lubbock an engineering services agreement by and between the City of Lubbock and Power & Environmental Water Specialists. RESOLUTION #4787 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 Engineering Services Agreement, attached herewith, by and between the City of Lubbock and Power & Environmental Water Specialists for the investigation and evaluation of the Reverse Osmosis Demineralizer System at Brandon Station, 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. 217 City Council Minutes March 23, 1995 Page 218 Passed by the City Council this 23rd 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/ Jay Wadsworth Jay Wadsworth, Electric Production Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Engineering Services Agreement between the City of Lubbock and Power & Environmental Water Specialists is filed with Resolution No. 4787. J. Robert Massengale, Director of Electric Utilities for LP&L, presented staff comments. Brandon Station is the co -generation plant on the Texas Tech campus and was brought on line in June 1990. Staff have had a continuing problem with the raw water treatment system at Brandon Station. On November 15, 1994, staff sent out a Request for Proposals for a water treatment specialist to complete the following tasks: Investigate and evaluate the present Reverse Osmosis Demineralizer system as installed by the General Contractor, compare installed system to performance specification, as written by Power Projects and determine if specifications were satisfactorily followed. Make recommendations as to modifications to be made that will assure that this system will operate as needed for long- term efficient operation, at minimal cost and maintenance. Be prepared to support the City of Lubbock if specifications were not followed in whatever remedies may be available to the City of Lubbock. Assist the City of Lubbock in developing specifications for boiler water treatment system at Plant 2. The water treatment system was to have a three-year warranty on membranes. To this point, the contractor has, in four years, used three sets of membranes and refuses to correct the problem. The City of Lubbock received proposals on December 21, 1994, with 31 engineering water treatment companies being asked to respond. 218 City Council Minutes March 23, 1995 Page 219 Power and Environmental Specialists was the only company to respond completely to the request for proposals. Staff requested and received permission to negotiate a contract with Power and Environmental Water Specialists and would like to submit the attached contract for Council consideration and ratification. The estimated not to exceed cost for this contract is $23,450. Both parties can terminate this contract on thirty days' written notice to the other parry for failure or refusal to perform in accordance with the terms established under the agreement. The staff recommended that the Council authorize the Mayor to sign a contract with Power and Environmental Water Specialists. Motion was made by Mayor Pro Tern Neugebauer, seconded by Councilmember Sitton to authorize Resolution #4787 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (30.) Consider Resolution #4788 approving and authorizing Publication of notices of intention to issue certificates of obligation, notices of sale with respect to such certificates of obligation and with respect to general obligation bonds, and notice of public hearin_. RESOLUTION #4788 A RESOLUTION by the City Council of the City of Lubbock, Texas, approving and authorizing publication of notices of intention to issue certificates of obligation, notices of sale with respect to such certificates of obligation and with respect to general obligation bonds, and a notice of public hearing. WHEREAS, the City Council of the City of Lubbock, Texas, has determined that certificates of obligation should be issued in accordance with the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271, for the purpose of paying contractual obligations to be incurred for (i) Civic Center improvements and (ii) professional services rendered in connection therewith; and WHEREAS, the City Council of the City of Lubbock, Texas, has determined that certificates of obligation should be issued in accordance with the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271, for the purpose of paying contractual obligations to be incurred for (i) apron improvements at the freight development area at the City's airport and (ii) professional services rendered in connection therewith; and WHEREAS, the City Council of the City of Lubbock, Texas, has determined that general obligation bonds should be issued in accordance with the provisions of general law and the City's charter for the purpose of paying contractual obligations to be incurred for library facilities improvements, park improvements, fire department emergency traffic control system, and costs of issuing such bonds; and WHEREAS, prior to the issuance of said certificates of obligation, this Council is required to give notice of its intention to issue the same in the manner and time provided by law and deems it appropriate to publish a notice of sale with respect to such bonds and certificates in accordance with the procedure set forth in the City's charter; now, therefore 219 City Council Minutes March 23, 1995 Page 220 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK. TEXAS: Section 1: That the City Secretary is hereby authorized and directed to cause notice to be published of this Council's intention to issue certificates of obligation in the principal amount not to exceed $2,000,000 for the purpose of paying contractual obligations to be incurred for (i) Civic Center improvements and (ii) professional services rendered in connection therewith, such certificates to be payable from ad valorem taxes and a pledge of the surplus revenues of the City's hotel occupancy tax. The notice hereby approved and authorized to be given shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. Section 2: That the City Secretary is hereby authorized and directed to cause notice to be published of this Council's intention to issue certificates of obligation in the principal amount not to exceed $900,000 for the purpose of paying contractual obligations to be incurred for (i) apron improvements at the freight development area at the City's airport and (ii) professional services rendered in connection therewith, such certificates to be payable from ad valorem taxes and a lien on and a pledge of the surplus revenues of the City's Airport. The notice hereby approved and authorized to be given shall read substantially in the form and content of Exhibit B hereto attached and incorporated herein by reference as a part of this resolution for all purposes. Section 3: That each such notice of intention to issue certificates of obligation shall be published once a week for two consecutive weeks in a newspaper having general circulation in the City of Lubbock, Texas, the date of the first publication of such notice to be at least fifteen (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. Section 4: That the City Secretary is hereby authorized and directed to cause a notice of sale to be published relating to the sale of certificates of obligation and general obligation bonds. The notice of sale hereby approved and authorized to be published shall read substantially in the form and content of Exhibits C, D and E hereto attached and incorporated herein by reference as a part of this resolution for all purposes. Section 5: That the City Secretary is hereby authorized and directed to cause the notices of sale approved in Section 4, above, to be published once each week for a period of thirty days. Section 6: That the City Secretary is hereby authorized and directed to cause a notice of public hearing relating to the certificates of obligation to be issued for airport purposes (described in Section 2, above) to be published relating to the public hearing to be held prior to the sale of such certificates. The notice of public hearing hereby approved and authorized to be published shall read substantially in the form and content of Exhibit F hereto attached and incorporated herein by reference as a part of this resolution for all purposes. 220 City Council Minutes March 23, 1995 Page 221 Section 7: That the City Secretary is hereby authorized and directed to cause the notice of public hearing approved in Section 6, above, to be published once, with the date of publication to be at least fourteen days prior to the date stated therein as the date of the public hearing. PASSED AND APPROVED, this the 23rd day of March, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary A copy of Exhibits A, B, C, D, E and F are filed with Resolution No. 4788. Mark Hindman, Director of Support Services, presented staff comments. This resolution accomplishes several formal steps which are required either by federal laws, state laws or the City Charter regarding the issuance of general obligation bonds or certificates of obligation. State law requires that a notice of intention to issue certificates of obligation be published in a local paper at least two consecutive weeks prior to the scheduled date for issuance. The City Charter requires that all bond sales must be advertised in a local paper for four consecutive weeks with the first advertisement occurring at least 30 days prior to issuance. Federal tax laws require that staff hold a hearing on the certificates of obligation for the Airport and that the hearing be advertised through a public notice. This hearing is required because the Airport facilities are used by commercial carriers making the bonds "private activity bonds" which are subject to the alternative minimum tax. Public approval through the form of a public hearing and receipt of public comments is required. The public hearing does not have to take the form of a Council meeting and Council members are not required to attend. The bonds proposed for sale were discussed during the March 9, 1995, work session. A description of the projects proposed is provided below. 221 City Council Minutes March 23, 1995 Page 222 General Obligation -Tax Supported Bonds Amount Purpose of Issue Library Improvements Northeast Branch $1,370,000 Northwest Branch 1-310,.000 Total Library Improvements $2,380,000 Park Improvements Maxey pool renovation $225,000 Mackenzie Park redevelopment 270,000 Lewis Field renovation 610,000 McCullough Park jogging track 172,000 Hodges Park restroom 55,000 Miller Park improvements 18,000 Clapp Park security lighting 30,000 Buster Long improvements 160,000 $1,540,000 Fire Department Traffic Control $470,000 Total General Obligation Bonds $4,690,000 Certificates of Obligation - Passenger Facility Charge Funded Air Cargo Ramp $900,000 Certificates of Obligation- Hotel/Motel Tax Funded Civic Center Renovations $2,000,000 Sale of the general obligation bonds will enable the City to stay on schedule with the capital improvements plan approved by the voters in May 1992. The certificates of obligation for the Airport will enable further expansion of air cargo services. The Airport bonds will be funded through passenger facility charges revenues. The project has the necessary FAA approvals. The certificates of obligation for the Civic Center will fund a fairly comprehensive renovation to this facility. Debt service for this project will be funded through a portion of the Hotel/Motel Tax revenues. Staff can pull this item off at a later time should Council fail to enact the proposed reallocation of hotel -motel taxes. The general obligation bonds will be 20-year level principal bonds. Both sets of certificates of obligation will be 5-year level principal bonds. Staff recommended approval of this item. Motion was made by Councilmember Sitton, seconded by Councilmember Patterson to authorize Resolution #4788 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 222 City Council Minutes March 23, 1995 Page 223 (31.) Consider Resolution #4789 authorizing the Mayor to extend the contract with First Health Strategies from March 31, 1995, until October 31, 1995, to allow sufficient time to solicit proposals for the group health plan RESOLUTION #4789 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, Addendum Number 1 to the Administrative Services Agreement, by and between the City of Lubbock and First Health, and which Addendum Number 1 is attached herewith, and which shall be spread upon the minutes of Council and as spread on the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd 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, Director of Human Resources APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Addendum No. 1 to the Administrative Services Agreement is filed with Resolution No. 4789. Mary Andrews, Director of Human Resources, presented staff comments. A team of consultants from Insurance Partners Southwest has been retained to design a Request for Proposals to solicit responses for a group health plan. The proposed implementation date for the health plan is November 1, 1995, and the seven -month extension will allow us to make a complete and thorough examination of a group benefits package. Currently the City is under contract with several organizations to administer the City's group health plan. These include: Washington National — the insurance carrier Advance — the City prescription program First Health — third party administrator Three local hospitals (Methodist, St. Mary's, UMC) 223 City Council Minutes March 23, 1995 Page 224 Although each vendor provides a unique service, each is dependent upon the other to be able to successfully administer the benefits program. Many of the programs within our health plan were added after the original April 1, 1988 implementation date. This has caused the contracts to differ for each organization. Because of the complexity of the tasks before us, it is advantageous to align all contract renewal dates to November 1, 1995. Extending the renewal date on the First Health contract will have no effect on the premiums paid by the City or City employees but will allow a sufficient amount of time to carefully look for a new benefits package or enhance our current package. Staff recommended approval. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Hernandez to authorize Resolution #4789 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (32.) Consider compensation and benefits of the City Attorne. Bob Cass, City Manager, presented staff comments. John Ross has asked in lieu of any increase in salary for this year and in consideration of his 17-1/2 years of service to the City, that he be granted the same early retirement package consisting of 3 years of medical coverage of Mr. Ross and his spouse, as has previously been authorized for early retirees in the administrative service of the City. Mr. Ross is an employee of the Council and not in the administrative service of the City under the City Manager, and Council may under Resolution No. 4423 grant this request so that the same early benefit package offered to administrative employees may be offered to Council employees. Motion by made by Councilmember Patterson, seconded by Councilmember Cooke to provide benefits package to the City Attorney upon retirement. Motion carried: 7 Yeas; 0 Nays. (33.) Consider Resolution 44790 giving notice of intent on behalf of the City of Lubbock to enter into a tax abatement agreement with Red River Commodities, Inc. RESOLUTION #4790 WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with Red River Commodities, Inc., and WHEREAS, V.T.C.A., Tax Code, Section 312.2041 requires notice of the intent of City Council to be given to the presiding officer of the governing body of each taxing unit in which the property to be subject to the Tax Abatement Agreement is located; NOW THEREFORE: 224 City Council Minutes March 23, 1995 Page 225 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of City Council to enter into a Tax Abatement Agreement with Red River Commodities, Inc., said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located in North Loop Industrial Park, Block A, Lot 2, City of Lubbock, Lubbock County, Texas. Passed by the City Council this 23rd day of March, 1995. /s/ David R. Langston DAVID R. LANGSTON, MAYOR r:110r031 /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Rod Ellis Rod Ellis, Director of Business Development APPROVED AS TO FORM: /s/ Jean E. Shotts Jean E. Shotts, Trial Attorney Joel Beesinger, Interim Director of Business and Economic Development, presented staff comments. Red River Commodities, Inc. has made application for Industrial Tax Abatement in the North Enterprise Zone. The company is based in North Dakota and plans to open a plant here to process confection sunflowers. Red River has purchased a building at 212 N.E. Loop 289 and intends to invest approximately $500,000 in improvements. They will create approximately 12 new jobs. This is a new value-added business. The request for tax abatement is for a five-year period. The company purchased the existing building (formerly Big Crop Seed) at a cost of $300,000, and the proposed opening date is July 1995. Since the applicant has satisfied the requirements for eligibility, staff recommended favorable consideration by Council and execution of the agreement. Motion was made by Councilmember Patterson, seconded by Councilmember Sitton to authorize Resolution #4790 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 225 City Council Minutes March 23, 1995 Page 226 (34.) Consider Resolution #4791 authorizing the Mayor to execute a support document for "La Entrada Al Pacifico" trade corridor. RESOLUTION #4791 RESOLUTION OF SUPPORT FOR "LA ENTRADA AL PACIFICO" TRADE CORRIDOR WHEREAS, the City of Lubbock recognizes that with the implementation of the North American Free Trade Agreement, there will be major trading opportunities with Chihuahua, Durango, Sinaloa, and other Western states in Mexico; and WHEREAS, with the transportation system currently in place and as proposed by other states, most of this trade will be directed to other states in the United States; and WHEREAS, with nominal cost additions and improvements to the Texas Highway System, most of this trade can be directed into Texas, and particularly into the West and North Texas areas; and WHEREAS, the addition of this trade with the Western states of Mexico will complement and increase trade throughout Texas; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock pledges its support and expresses its desire to work with the Midland/Odessa Transportation Alliance in promoting the development of the "La Entrada al Pacifico" Corridor for trade between Texas, Chihuahua City and the Pacific port of Topolobampo (the "Corridor"). Be it further resolved that the City of Lubbock urges the Texas Department of Transportation to endorse the development of this Corridor, and to determine and develop the necessary highway transportation improvements to support this Corridor, with the understanding that this not be construed as supporting a specific route for extension of I-27. Duly passed and approved this 23rd day of March, 1995, in the regular meeting of the City Council, on a motion by Mayor Pro Tern Neugebauer, seconded by Victor Hernandez; unanimous. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Debra B. Forte' Debra B. Forte', Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ David R. Langston DAVID R. LANGSTON, MAYOR 226 City Council Minutes March 23, 1995 Page 227 Debra Forte', Assistant City Manager, presented staff comments. The State of Texas is strategically located to benefit more than any other state from the increased trade opportunities brought about by the passage of NAFTA. To maximize the economic development potential from increased north -south trade with Canada, Mexico, and eventually Central and South America, Texas must make certain that our north -south transportation routes are expanded and upgraded. "The Entrance to the Pacific Corridor" is a proposed new trade corridor from Texas to Chihuahua City, Chihuahua, Mexico, and continuing to the Mexican Pacific port of Topolobampo in the Mexican state of Sinaloa. Chihuahua is already one of the four largest trading partner states with the United States, and this new corridor would capture a majority of this trade for Texas. Long term, after the completion of a highway from Chihuahua City to Topolobampo, and improvement of rail facilities, it would provide Texas with access to a Pacific deep water port that is approximately 500 miles closer inland, and much less expensive than the Port of Los Angeles. The concept of this major new trade corridor has been developed jointly by the Midland/Odessa Transportation Alliance and the Director of Economic Development of the State of Chihuahua, Mr. Enrique Terrazas. Both entities support the development of this corridor strongly, and the concept has been endorsed by Governor Francisco Barrio Terrazas of Chihuahua. The state of Chihuahua also anticipates the support of the states of Durango, Sinaloa, as well as the City of Torreon, Coahuila. The Alliance made a presentation to the Regional Economic Development Summit on March 3, 1995, and requested support, by resolution, from Lubbock, Plainview, and Amarillo. They will present a proposal to the Texas Department of Transportation Commissioners on March 30, 1995, in Austin, and they would like resolutions from these regional cities. Another consideration that staff will need to be cognizant of is the possibility that two other groups could be affected. The cities of Big Spring and Abilene are both interested in the I-27 extension. In that regard, staff have somewhat restructured the original request to accommodate this concern. It is possible, however, that approval will be regarded by those communities as an action favoring the extension of I-27 through Midland -Odessa. Staff have contacted Senator Montford's staff to determine any other concerns about our taking such an action. Staff will pass that information on to Council when staff receive it. Regardless of written verbiage to the contrary, Council should be cognizant of the fact that supporters of the Abilene and Big Spring I-27 routes may view this as an act favoring Midland. Staff have attempted to remain neutral up to this point and staff still sees value in that position. Representatives from Midland -Odessa will be present at your 8:30 a.m. meeting to discuss this item. Motion was made by Mayor Pro Tem Neugebauer, seconded by Councilmember Hernandez to authorize Resolution #4791 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 227 City Council Minutes March 23, 1995 Page 228 City Council recessed into executive session at 11:25 a.m. (35.) 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). (36.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551 074(a)(1) to discuss personnel matters (City Manager). (37.) 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 properly (Culture & Leisure Services . (38.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)() to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Community Services Commission Drainage Criteria Advisory Committee Keep Lubbock Beautiful Advisory Committee South Plains Association of Governments (39.) Confirm appointment of Mark Madison to the Board of Health. Motion by made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Mark Madison to the Board of Health. Motion carried: 7 Yeas; 0 Nays. (40.) Confirm appointment of Susan Casby-Horton to the Drainage Criteria Advisory Committee. Motion by made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Susan Casby-Horton to the Drainage Criteria Advisory Committee. Motion carried: 7 Yeas; 0 Nays. (41.) Confirm appointment of Nadine McDonald to the Lubbock Municipal Arts Committee. Motion by made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Nadine McDonald to the Lubbock Municipal Arts Committee. Motion carried: 7 Yeas; 0 Nays. (42.) Confirm appointment of Jeff Wall, John Richardson and Truett Craft to the Neighborhood Redevelopment Commission. Motion by made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Jeff Wall, John Richardson and Truett Craft to the Neighborhood Redevelopment Commission. Motion carried: 7 Yeas; 0 Nays. 228 City Council Minutes March 23, 1995 Page 229 (43.) Confirm appointment of RoseMary Cardenas and reappointment of Bob Schmidt and Renee Underwood to the Park and Recreation Board. Motion by made by Councilmember Cooke, seconded by Councilmember Patterson to appoint RoseMary Cardenas and to reappoint Bob Schmidt and Renee Underwood to the Park and Recreation Board. Motion carried: 7 Yeas; 0 Nays. (44.) Confirm appointment of Carroll Stephens and Winn Sikes as alternates to the Zoning Board of Adjustment. Motion by made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Carroll Stephens and Winn Sikes as alternates to the Zoning Board of Adjustment. Motion carried: 7 Yeas; 0 Nays. There being no further business to come before Council, it was the consensus of Council to adjourn the meeting at 1:30 p.m. Moti carrie . Yeas; 0 Nays. ATTEST: Betty . Johns , City Secretary Read and approved this the 13th day of ATTEST: Betty" . Johns n, City Secretary 229