HomeMy WebLinkAboutMinutes - City Council - Regular - 10/19/1995CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
October 19,1995
10:00 A.M.
The City Council of the City of Lubbock, Texas, met in regular session on the 19th
day of October 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 10:04 A.M.
(1.) The Invocation was given by Bishop Placido Rodriguez,
Catholic Diocese of Lubbock.
( 2.) Pledge of Allegiance was given in unison by those in the
Council Chambers.
( 3.) Board Appointments.
Mayor Langston presented City Manager Bob Cass with an award
for the City of Lubbock's recognition in Texas Business magazine
as the best managed mid -sized city in Texas.
( 4.) Douglas B. Theodore, President of the Texas -Louisiana
Professional Baseball League, appeared to present a check on
behalf of the Lubbock Crickets for season attendance sales.
According to staff memo, on February 17, 1995, the City of
Lubbock entered into an agreement between Texas Tech
University and the Texas -Louisiana Professional Baseball League
(TPB) for the location of a professional baseball team in Lubbock.
Resolution #4747 authorized payment of $350,000 to Texas Tech
with the understanding that improvements to seating, restrooms,
and concession facilities for a total of 5,000 spectators would be
constructed.
Mr. Douglas Theodore presented Mayor Langston with a check for
$48,494.50.
( 5.) Pauline Dunn appeared to request a loudspeaker permit for
October 27 through November 4 1995, in conjunction with a
tent revival.
Ms. Pauline Dunn requested a loudspeaker permit in conjunction
with a tent revival. The request was for Friday, October 27 through
November 4, 1995, from 10:30 a.m. to 12:00 noon and from 6:30
p.m. to 10:00 p.m. each night. The event took place at 3502
Frankford Avenue. All residents in the area were petitioned and all
approved the event.
City Council Minutes
October 19, 1995
Page 724
Staff recommended approval of the loudspeaker permit.
Motion was made by Councilmember Patterson, seconded by
Councilmember Hernandez to approve the loudspeaker permit as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(6•) Irma Guerrero appeared to discuss the projected site for the
Buddy Holly memorabilia
Irma Guerrero addressed the Council regarding considering the
Landwer House as the site for a Buddy Holly Museum. Ms.
Guerrero had previously addressed the Council on this issue on
August 10, 1995. Council is aware of the fact that the City has
purchased a collection of Buddy Holly memorabilia valued at
$175,000. The City has, in cooperation with the Texas Tech
Museum, unveiled a small portion of that collection. The City
staff has also been involved in the process of researching various
sites for a permanent home for the collection. Council has
designated a $500,000 challenge grant for the completion of that
project.
While staff certainly appreciates Ms. Guerrero's enthusiasm, staff
is of the opinion that the Landwer House is inadequate for our
purposes. Staff projects a need for a minimum of 20,000 square
feet. Ms. Guerrero has addressed the Municipal Arts Committee on
this issue, and the committee has rejected the proposal.
City staff does not recommend Landwer House at Buddy Holly
Park as a permanent site for the Buddy Holly collection.
Mikel Ward, a member of SPARTAN, asked that Council not rule
out this site.
Councilmember Hernandez asked that this item be placed on the
November 9 City Council agenda as an action item.
(7.) Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tern Neugebauer to approve the minutes of the October
12, 1995, Regular City Council Meeting as written. Motion
carried: 7 Yeas; 0 Nays.
(8.) Consider Resolution #4993 accepting street and alley pavin
improvements constructed by Hub City Pavers, on the 1993
Assessment Paving Program (Project No. 90071.
RESOLUTION #4993
A RESOLUTION ACCEPTING IMPROVEMENTS ON THE 1993
ASSESSMENT PAVING PROGRAM AS LISTED BELOW AND ORDERING THE
ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED.
WHEREAS, the City of Lubbock heretofore passed various street and alley
improvement ordinances and resolutions and entered into a contract with Hub City
Pavers (Project No. 9007) for the making and construction of paving improvements in
said City, including the following:
724
City Council Minutes
October 19, 1995
Page 725
The North -South alley between York Avenue and Wayne Avenue
from 4th Street to York Avenue, Unit Number A-461-34.
The North -South alley between York Avenue and Zoar Avenue
from 4th Street to York Avenue, Unit Number A-461-35.
The East-West alley between FM 1730 (Slide Road) and Zoar
Avenue and between 75th Street and 76th Street, Unit Number A-
461-36.
20th Street from 3 feet East of the East right-of-way line of
Kewanee Avenue to 3 feet West of the West right-of-way line of
Juneau Avenue, Unit Number 2035-96.
WHEREAS, the improvements upon the said portions of the above -mentioned
street and alleys have been inspected and found to have been constructed in accordance
the terms of said Contract (Project No. 9007); NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the improvements on said portions of the above -mentioned
street and alleys BE and the same are hereby accepted and the City Engineer is hereby
authorized to direct final payment in the amount of $419.74.
SECTION 2. THAT the Mayor and City Secretary BE and they are hereby
instructed to execute and deliver certificates in evidence of the assessments levied
against the parcels of property abutting upon the said portions of the street and alleys
listed above and against the owners of such property in accordance with law and in the
manner provided in said Contract and the proceedings with reference to said
improvements and assessments where such assessments were levied.
SECTION 3. THAT this Resolution shall take effect and be in force from and
after the date of its passage.
Passed by the City Council this 19th day of October 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Betty M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D. Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Jean E. hotts. Jr.
Jean E. Shotts, Jr., Trial Attorney
Copies of the 1993 Assessment Paving Certificates are filed with Resolution No. 4993.
725
City Council Minutes
October 19, 1995
Page 726
According to staff memo, this is a routine acceptance of paving
improvements petitioned by abutting property owners to be
included on an assessment paving program. These improvements
consist of street and alley paving as follows:
the north -south alley between York Avenue and Wayne
Avenue from 4th Street to York Avenue; the north -south
alley between York Avenue and Zoar Avenue from 4th
Street to York Avenue; the east -west alley between Slide
Road and Zoar Avenue and between 75th Street and 76th
Street; 20th Street from Kewanee Avenue to Juneau Avenue.
The contract amount is $69,898.67; the final construction
cost due the contractor is $69,898.67; the amount to be
assessed is $49,498.92; the City cost is $20,399.75.
Improvements constructed on 98th Street from Indiana Avenue to
Slide Road and Frankford Avenue, which were included with this
assessment program, will be accepted at a later date.
Staff recommended acceptance of these paving improvements.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tem Neugebauer to authorize Resolution #4993 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(9.) Consider Resolution #4994 authorizing the Mayor to execute
Addendum No. 3 to an Airline Lease Agreement between the
City of Lubbock and Delta Airlines, Inc.
RESOLUTION #4994
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 No. 3 to an
Airline Lease Agreement by and between the City of Lubbock and Delta Air Lines,
Inc., attached hereto and 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.
726
City Council Minutes
October 19, 1995
Page 727
Passed by the City Council this 19th day of October 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Bettv M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark N. Earle
Mark N. Earle, Aviation Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of Addendum No. 3 to an Airline Lease Agreement by and between the City of
Lubbock and Delta Air Lines, Inc., is filed with Resolution No. 4994.
According to staff memo, in 1992 the Aviation Department
reached an agreement with the airlines that changed the method of
calculating the fee assessed by the City for the cost of operating the
security access system. When the system was originally installed,
the airlines agreed to pay for the system based on a pro rata
equation using annual estimated costs as a basis. The amendment
deletes that formula and pro rates the cost among airlines based on
total actual annual costs of operations.
With the exception of Delta/ASA, each airline executed the
amendment shortly after the agreement was reached, and those
amendments were approved by the City Council. While
Delta/ASA has been making payment according to the terms of the
amended agreement, an executed copy of the amendment has just
been received.
Staff recommended approval of the amendment.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tem Neugebauer to authorize Resolution #4994 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(10.) Consider Resolution #4995 aproving assignment of the Delta
m Airlines, Inc., Lease Agreement froDelta Airlines, Inc., to
Atlantic Southeast Airline$, Inc.
RESOLUTION #4995
WHEREAS, the City of Lubbock, Texas, and Delta Air Lines, Inc. entered into
a Lease Agreement on or about June 9, 1983, for space and facilities at the Lubbock
International Airport; and
727
City Council Minutes
October 19, 1995
Page 728
WHEREAS, Delta Air Lines, Inc. desires to assign the above -referenced Lease
Agreement and addendums thereto to Atlantic Southeast Airlines, Inc.; and
WHEREAS, the Lease Agreement between the City of Lubbock and Delta Air
Lines requires prior written consent of the City for such an assignment; and
WHEREAS, the City Council has determined that it would be in the best
interests of the citizens of this City to consent to the assignment on condition that Delta
Air Lines remain liable under the June 9, 1983 Lease should the Assignee default in
any of its terms, covenants or conditions; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Council hereby consents to the assignment by Delta Air Lines, Inc.
to Atlantic Southeast Airlines, Inc. of the Lease Agreement executed between the City
of Lubbock and Delta Air Lines, Inc. on or about June 9, 1983, and all addendums
thereto, on condition that the Assignor remains liable under the Lease and its
addendums in the event the Assignee defaults in any of the terms, covenants or
conditions contained in such Lease or addendums.
Passed by the City Council this 19th day of October 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Be= M. Johnson
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark N. Earle
Mark N. Earle, Aviation Manager
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Assignment of Lease by and between the City of Lubbock and Atlantic
Southeast Airlines, Inc., is filed with Resolution No. 4995.
According to staff memo, since 1993 ASA has been operating as a
commuter connector airline for Delta Airlines. During that period,
ASA has been operating under Delta's master airline lease
agreement. Delta and ASA have now requested that the agreement
be assigned to ASA. Under the assignment, Delta Airlines retains
primary responsibility for all terms and conditions of the master
airline agreement.
Staff recommended approval of the assignment.
728
City Council Minutes
October 19, 1995
Page 729
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tem Neugebauer to authorize Resolution #4995 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(11.) Bid #13362 Composite Reverse Osmosis Membrane Elements
(Electric Production).
Ahlfinger Water Company--62 Ea Composite Reverse Osmosis
Membrane Elements.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tem Neugebauer to approve low bid meeting
specifications as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
(12.) Bid #13378--Phase II - A.D.A. Curb Ramps at various
locations, and authorize same (Street/Drainage Engineering
RESOLUTION #4996
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract and all related
documents by and between the City of Lubbock and Hub City Pavers, Inc. of Lubbock,
Texas, to furnish and install all services and materials as bid for the Phase 11 - A.D.A.
Curb Ramps at Various Locations 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 19th day of October 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. Vandiv r
Donald G. Vandiver, First
Assistant City Attorney
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
729
City Council Minutes
October 19, 1995
Page 730
CONTRACT
STATE OF TEXAS g
COUNTY OF LUBBOCK 8
THIS AGREEMENT, made and entered into this 19th day of October 1995 by and
between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred
to as OWNER, and Hub City Pavers, Inc., of the City of Lubbock, County of
Lubbock, and the State of Texas, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the
construction of certain improvements described as follows:
BID NO. 13378--A.D.A. Curb Ramps at Various Locations in the amount of
$134,985.00
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. ho nson
Secretary
APPROVED AS TO CONTENT:
/s/ Larry D . Hertel
ATTEST:
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ David R. Langston
Mayor
APPROVED AS TO FORM:
/s/ Donald G Vandiver
Hub City Pavers. Inc.
CONTRACTOR
By: /s/ Glen A. Sarten
TITLE: President
730
City Council Minutes
October 19, 1995
Page 731
COMPLETE ADDRESS: Hub City Pavers, Inc.
4214 50th Street, Suite B
Lubbock, Texas 79413
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tern Neugebauer to authorize Resolution #4996 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(13.) Bid #13383--Electronic Advertising Tables with Rotating and
Static Panels (Civic Center).
Power Ad Company, Inc.--2 Ea 16' Electronic Advertising Tables
with Rotating and Static Panels; 12 Ea 8' Electronic Advertising
Tables with Rotating and Static Panels.
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tern Neugebauer to approve low bid meeting
specifications as recommended by staff. Motion carried: 7 Yeas; 0
Nays.
(14.) Bid #13389--Geomembrane Liner and Leachate Collection
and authorize same (Solid Waste)
RESOLUTION 44997
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by and between
the City of Lubbock and Big D Lining Systems Company of Midland, Texas, to furnish
and install all services and materials as bid for the Geomembrane Liner and Leachate
Collection System, 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.
731
City Council Minutes
October 19, 1995
Page 732
Passed by the City Council this 19th day of October 1995.
/s/ David R Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Belly M. Jo n on
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 S
COUNTY OF LUBBOCK S
THIS AGREEMENT, made and entered into this 19th day of October 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.
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. 13389--Geomembrance Liner and Leachate Collection System in the amount
of $1,439,465.06
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.
732
City Council Minutes
October 19, 1995
Page 733
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:
FUA Wfil • �.
APPROVED AS TO CONTENT:
ATTEST:
/s/ Marjorie Parrish
Secretary
COMPLETE ADDRESS:
CITY OF LUBBOCK, TEXAS (OWNER)
FMA 1. .�� •�
•
APPROVED AS TO FORM:
Big D Lining Systems Company
CONTRACTOR
By: /s/ Don E. Tomlin
TITLE: President
Big D Lining Systems Company
P.O. Box 7808
Midland, Texas 79708
Motion was made by Councilmember Patterson, seconded by
Mayor Pro Tern Neugebauer to authorize Resolution #4997 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(14A.) Consider an ordinance recommended by the Board of Health
amending Chanter 17, Article IX., Smoking in Public Places.
Rich 011er, Chairman of the Board of Health, asked that the City
Council table passage of the ordinance until the Board of Health
has an opportunity to investigate the ASHRAE 26 standards
regarding HVAC systems.
Motion was made by Councilmember Sitton, seconded by Mayor
Pro Tern Neugebauer to table the ordinance. Motion failed: 3 Yeas-
-Mayor Langston, Mayor Pro Tern Neugebauer and
Councilmember Sitton; 4 Nays--Councilmember Hernandez,
Councilmember Patterson, Councilmember Ince, and
Councilmember Cooke.
Motion was made by Councilmember Hernandez to authorize the
ordinance as originally recommended by the Board of Health.
Motion died for lack of a second.
733
City Council Minutes
October 19, 1995
Page 734
(14B.) Consider Consensus Ordinance 49848 amending Chapter 12,
Article IX., Smoking in Public Places
ORDINANCE #9848
AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO PUBLIC
HEALTH BY AMENDING ARTICLE IX WITH REGARD TO DEFINITIONS; WITH
REGARD TO THE PENALTY FOR VIOLATION; WITH REGARD TO
ENFORCEMENT RESPONSIBILITY; WITH REGARD TO PROHIBITING
SMOKING IN GOVERNMENT BUILDINGS; WITH REGARD TO SIGNAGE
REQUIRED WHEN SMOKING IS PERMITTED; WITH REGARD TO POSSESSION
OF TOBACCO BY MINORS; WITH REGARD TO SELF-SERVICE
MERCHANDISING OF TOBACCO PRODUCTS FOR SALE; WITH REGARD TO
DISTRIBUTION OF FREE SAMPLE TOBACCO PRODUCTS TO MINORS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
Motion was made by Councilmember Ince, seconded by
Councilmember Patterson to amend Chapter 12, Article IX,
sections 12-245, 12-246, 12-252, 12-253, and 12-254 of the Code
of Ordinances of the City of Lubbock in regard to possession of
tobacco by minors, self-service merchandising of products for sale,
and distribution of free sample tobacco products to minors. Motion
carried: 7 Yeas; 0 Nays.
(15.) Consider Resolution #4998 authorizing the Mayor to execute
contracts with First Ilealth/Alta RX, Washington National
Insurance Company, Advance ParadigM Mail Service, Inc.,
Canada Life Assurance Company, Protective Life Insurance
Company, and UNUM Life Insurance Company of America,
and St., Mary of the Plains Hospital and University Medical
Center to administer a managed health benefits plan.
RESOLUTION #4998
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 the Contracts and all
related documents by and between the City of Lubbock and First Health/Alta Rx,
Washington National Life Insurance Company, Advance ParadigM Mail Service, Inc.,
St. Mary of the Plains Hospital and University Medical Center, Canada Life Assurance
Company, Protective Life Insurance Company, and UNUM Life Insurance Company of
America to implement a managed health benefits program for the City of Lubbock,
which contracts are 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.
734
City Council Minutes
October 19, 1995
Page 735
Passed by the City Council this 19th day of October 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
of Human Resources
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
Copies of the contracts by and between the City of Lubbock are filed with Resolution
No. 4998.
Mary Andrews, Director of Human Resources, presented staff
comments. The City of Lubbock offers medical, dental and life
coverages in the health benefits package for employees, their
dependents and retirees. The current package was implemented on
April 1, 1988, and has not been reviewed since that time. Randall
Martell, HIA of Insurance Partners Southwest, Inc., of Dallas,
Texas, was retained to evaluate the current level of benefits and
design a request for proposal for an updated benefits package. The
request for proposals solicited responses for:
Basic Life
AD&D
Voluntary Life
Health Plan with Minimum Premium funding
Dental
Prescription Drug Plan
Direct Contract Preferred Provider Organization with a
physicians network
Third Party Administrator
Long Term Disability
Long Term Care
Cancer Coverage
Mr. Martell and the Benefits Committee, which consists of
representatives from various departments within the City, reviewed
the responses for these services and made the following
recommendations.
735
City Council Minutes
October 19, 1995
Page 736
Sixty-nine responses were received from the May 15, 1995, request
for proposals. Each vendor was evaluated on costs, financial
stability, communication, claims turnaround, claims management
reports, integrated systems and provider network capability. Six of
the sixty-nine responses were qualified for the
medical/dental/prescription and third -party administrator services.
The current carriers, First Health Strategies and Washington
National Insurance Company, proposed the lowest renewal rate at
$7,458,429. The claims liability (actuarial projection of claims
costs) is decreased by $695,481. The lowered paid claims liability
is based on an exclusive contract with a hospital preferred provider
organization. Due to the lowered rates and quality of their
services, determination was made to stay with First Health
Strategies and Washington National Insurance Company.
First Health provides the current prescription card service, Alta
RX. Advance-ParadigM provides the mail order prescription plan.
The committee agreed to stay with these organizations based on
their average wholesale prices and their ability to integrate with
medical eligibility.
On November 1, 1994, the City of Lubbock entered into contracts
with Methodist Hospital System, St. Mary of the Plains Hospital
and University Medical Center (UMC) for discounts on prices for
inpatient and outpatient care. These arrangements have avoided
what would have been $1,715,277 in hospital claims from
November 1, 1994, until August 31, 1995. This cost avoidance can
be further enhanced by choosing one hospital group provider with
an associated physician's network. The physician component will
be of importance to the City to help channel patients to the
preferred hospital, plus discount charges on medical office visits.
Employees would be provided with the opportunity to pay $15 for
office visits and preventive services such as child immunizations,
prenatal care and physicals to a $500 annual maximum.
Two qualified proposals were received for the hospital and
physician network: Lubbock Methodist Hospital System and St.
Mary of the Plains Hospital and UMC combined. St. Mary of the
Plains Hospital and UMC provided the deepest discount on
inpatient and outpatient daily rates.
Washington National was selected to provide the life coverages.
They offered a two-year rate guarantee at a very competitive price.
Most life coverages are paid by the employee or retiree, but basic
life coverage paid by the City will increase from $5,000 to
$10,000. The cost for the added coverage will increase by $28,749
annually.
The Committee recommended the addition of long-term disability
services. Long-term disability services provide an avenue to
benefit both the employee and the City. Canada Life was selected
to provide the long-term disability services to all full-time
employees at 60 percent of salary after 180 days of disability.
736
City Council Minutes
October 19, 1995
Page 737
Two vendors, Protective Life Insurance Company and UNUM Life
Insurance Company of America, have also been selected to provide
optional cancer and long-term care policies. These coverages will
be completely employee paid.
Through managed care, the City's liability for the health benefits
package will reduce by at least $738,132 from last year. These
reductions will only be possible if staff select one hospital network.
The Benefits Committee recommended approval of the above
contracts.
Motion was made by Mayor Pro Tern Neugebauer, seconded by
Councilmember Ince to authorize Resolution #4998 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(16.) Consider appointments to Civic Lubbock, Inc., Board of
Directors.
Motion was made by Councilmember Cooke, seconded by Mayor
Pro Tem Neugebauer to reappoint Mike Davis, Len Hutchinson,
Gertie Jeter and Chevo Moralez to the Civic Lubbock, Inc., Board
of Directors; to assign a term expiration of August 1, 1996, to Dr.
Jerry Ramsey; and to replace Rodney Cates with Marciano
Morales. Motion carried: 7 Yeas; 0 Nays.
(17.) Consider Resolution #4999 authorizing the Mayor to execute
an interlocal agreement with Lubbock Independent School
District and Lubbock County for support of the STAR
program.
RESOLUTION 44999
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement
and all related documents by and between the City of Lubbock and Lubbock
Independent School District and the Lubbock County Youth Center, for the Specialized
Treatment and Rehabilitation project (STAR) with regard to juvenile offenders who
have committed detainable offenses, which agreement 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.
737
City Council Minutes
October 19, 1995
Page 738
Passed by the City Council this 19th day of October 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, Managing Director of
Management Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Interlocal Agreement by and between the City of Lubbock and Lubbock
Independent School District is filed with Resolution No. 4999.
Bob Cass, City Manager, presented staff comments. In 1994-95,
the Council entered into a one-year interlocal agreement with
Lubbock Independent School District (LISD) and Lubbock County
to jointly fund the Specialized Treatment and Rehabilitation
(STAR) project. This agreement expired September 30, 1995.
The STAR program is a cooperative venture of LISD, the City of
Lubbock and the Lubbock County Youth Center. It provides a
very structured environment which combines regimented discipline
along with education to youth between the ages of 13-16 who
have committed offenses for which they can be detained at the
youth center or whom the courts determine would benefit from the
program.
The contract is similar in most respects to the contract approved in
October 1994. Major provisions are as follows:
Term of the contract is for one year, beginning October 1,
1995, and ending September 30, 1996.
Renewal options allow parties to renew the contract for
three successive one-year terms if parties agree in writing
to renew the contract thirty days prior to the end of the
term.
The City, LISD, and the County will each contribute
$94,162. This is an increase of $19,162, due to operating
the program for a full year, and providing more instructors.
738
City Council Minutes
October 19, 1995
Page 739
LISD will provide offices for the drill instructors and
classrooms, drill and exercise facilities and meals for the
students.
Lubbock County will provide travel and training for the
drill instructors assigned to the project, and arrange for
court hearings for placement of the students into the
program.
Program will provide one drill captain, two senior drill
sergeants, and five drill instructors.
County will provide quarterly reports on the progress of the
program, expenditures and a census of students enrolled
and dismissed during the quarter.
LISD and Lubbock County have already executed this agreement.
Staff recommended that the Council approve this agreement.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to authorize Resolution #4999 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(18.) Consider Resolution, 1"t5000 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.
RESOLUTION #5000
A RESOLUTION by the City Council of the City of Lubbock, Texas, approving
and authorizing publication of notice of intention to issue certificates of obligation and
notices of sale with respect to such certificates of obligation and with respect to general
obligation bonds.
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) public safety improvements, including
construction and equipment of fire stations, fire training facilities, and administrative and
maintenance/supply facilities for the fire department 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 street improvements, park improvements, 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
739
City Council Minutes
October 19, 1995
Page 740
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 $10,000,000 for the purpose of paying contractual
obligations to be incurred for (i) public safety improvements, including construction and
equipment of fire stations, fire training facilities, and administrative and
maintenance/supply facilities for the fire department and (ii) professional services
rendered in connection therewith, such certificates to be payable from ad valorem taxes
and a limited pledge of the revenues of the City's waterworks system. 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 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 3: 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 B and C hereto attached and
incorporated herein by reference as a part of this resolution for all purposes.
Section 4: That the City Secretary is hereby authorized and directed to cause
the notices of sale approved in Section 3, above, to be published once each week for a
period of thirty days.
PASSED AND APPROVED, this the 19th day of October 1995.
/s/ David R. Langston
DAVID R. LANGSTON, MAYOR
ATTEST:
/s/ Bettv M. Johnson
Betty M. Johnson, City Secretary
A copy of Exhibits A, B, C and the Certificate of City Secretary are filed with Resolution
No. 5000.
Debra Forte', Assistant City Manager, presented staff comments.
Implementation of the Public Safety Improvement Plan will
require the issuance of $10,000,000 in certificates of obligation.
The debt service for the certificates will be paid from the salary
savings accrued by the accompanying staff reductions. Over the
life of the certificates the program will save a projected
$11,300,000 with additional savings occurring after the debt is
retired.
r-e
City Council Minutes
October 19, 1995
Page 741
In May 1993, Lubbock voters approved $25,440,000 in tax
supported general obligation bonds. Currently, $18,935,000 of the
bonds have been sold. This leaves $6,505,000 in authorized bonds
available. The authorized use of the bonds is provided below:
Street Improvements $5,010,000
Park Improvements $1,495,000
Total $6,505,000
The original plan was to sell the approved bonds over a five-year
period in order to spread out the estimated eight cent tax increase.
Currently, increased property values and interest income have
allowed the recent bond sales to be absorbed without a tax
increase. The current bond market appears favorable for the City
with low interest rates. Based on the favorable market conditions,
staff recommended that all of the remaining general obligation
bonds be sold this fall. Due to the City's policy of using level
principal debt, tax supported debt service will increase between
$250,0004300,000 from 1995-96 to 1996-97. This equates to less
than a penny on the tax rate.
The resolution prepared by Fulbright and Jaworski, bond counsel,
accomplishes several of the formal steps which are required by
either 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 of
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.
A sale date of December 7, 1995, has been established for both the
certificates and general obligation bonds. Both the general
obligation bonds and the certificates of obligation will be the
standard 20-year level principal bonds. First Southwest will once
again assist the City as our financial advisor.
These resolutions are required in order to issue the general
obligation bonds and certificates of obligation; therefore, staff
recommended the approval of this item.
Motion was made by Councilmember Patterson, seconded by
Councilmember Cooke to authorize Resolution #5000 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
741
City Council Minutes
October 19, 1995
Page 742
(21.) Bid #13330-Repainting Elevated Storage Tanks, and authorize
same (Water Engineering)
RESOLUTION #5001
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 TMI Coatings, Inc., of St. Paul,
Minnesota, to furnish and install all services and materials as bid for the Repainting
Elevated Storage Tanks, 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 19th day of October 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 S
COUNTY OF LUBBOCK S
THIS AGREEMENT, made and entered into this 19th day of October, 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 TMI Coatings, Inc., of the City of St. Paul, County of Dakota, and
the State of Minnesota, 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:
742
City Council Minutes
October 19, 1995
Page 743
BID NO. 13330--Repainting Elevated Storage Tanks in the amount of $710,000.00
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:
APPROVED AS TO CONTENT:
ATTEST:
/s/ Name not Legible
Secretary
COMPLETE ADDRESS
CITY OF LUBBOCK, TEXAS (OWNER)
FEB 1. • 11*111•J
•
APPROVED AS TO FORM:
TMI Coatings. Inc.
CONTRACTOR
By: /s/ James D. Imne
TITLE: CEO
TMI Coatings, Inc.
2805 Dodd Road
St. Paul, Minnesota 55121
Motion was made by Councilmember Cooke, seconded by
Councilmember Hernandez to authorize Resolution #5001 as
recommended by staff. Motion carried: 7 Yeas; 0 Nays.
(23.) Confirm appointment of Robert McManaway to the
Community Services Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Robert McManaway to the
Community Services Commission. Motion carried: 7 Yeas; 0
Nays.
(24.) Confirm appointment of Marilyn Breedlove to the Human
Relations Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Marilyn Breedlove to the
Human Relations Commission. Motion carried: 7 Yeas; 0 Nays.
743
City Council Minutes
October 19, 1995
Page 744
(25.) Confirm appointment of Will Williams to the Lubbock Public
Transit Advisory Board.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Will Williams to the Lubbock
Public Transit Advisory Board. Motion carried: 7 Yeas; 0 Nays.
(26.) Confirm appointment of Jim Gomez to the Neighborhood
Certification Committee.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to appoint Jim Gomez to the
Neighborhood Certification Committee. Motion carried: 7 Yeas; 0
Nays.
The Council recessed into executive session at 11:40 a.m.
(19.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.074(a)(1). to discuss personnel
matters (City Manager.
(20.) Hold an executive session, in accordance with V.T.C.A.
Czovernment Code, Section 551.071(1)(A), to discuss pending or
contemplated litigation r(Water Utilities).
(20A.) 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 prope< < (Culture & Leisure
Services).
(22.) 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:
Appointments Advisory Board
Board of Managers of the Lubbock Emergency
Communication District
Building Board of Appeals
Community Development Advisory Committee
Community Services Commission
Drainage Criteria Advisory Committee
Lubbock Municipal Arts Committee
Neighborhood Certification Committee
Urban Design and Historic Preservation Commission
The Council reconvened in regular session at 2:30 p.m. Motion was made by Mayor Pro
Tern Neugebauer, seconded by Councilmember Patterson to authorize an increase in the
City Manager's salary to $120,000.00 and an increase in his severance agreement in the
event of termination to up to eight (8) months or until such time that he accepts other
employment, whichever is the shortest period of time.
744
City Council Minutes
October 19, 1995
Page 745
There being no further business to come before -Council, the meeting was adjourned
without objection at 2:35 p.m.
w
ATTEST:
Aca-, �)' ( �- L
betty M. Johnso , City Secretary
Read and approved this the 9th day of
ATTEST:
'Betty M. Johnso , City Secretary
VID R. LANGSTON. MhYO
745