Loading...
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