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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/14/1996CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING March 14, 1996 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 14th day of March 1996 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 10:00 A.M. Present: Mayor David R. Langston, Councilmember Victor Hernandez, Councilmember T. J. Patterson, Councilmember Windy Sitton, Councilmember Max L. Ince, Councilmember Alex Cooke, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Betty M. Johnson. Absent: Mayor Pro Tem Randy Neugebauer. Mayor Langston called the meeting to order at 10:35 A.M. ( 1.) The Invocation was given by Lemuel F. Thuston, Pastor of Alexander Chapel Church. (2.) Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Board Appointments (4.) The Mayor presented special recognition certificates to those individuals who helped organize the "Weaving Community Through Dialogue" Conference. The "Weaving Community" Conference was held on February 17, 1996, and approximately 160 individuals attended. The conference was held in conjunction with the Human Relation Commission's Roy Bass Awards and Texas Tech University's International Week. ( 5.) Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve the minutes of the February 22, 1996, Regular City Council Meeting as written. Motion carried: 6 Yeas; 0 Nays. ( 6.) Ordinance #9772--Abandoning and closing a portion of an alley located in Block 1, Perkins Subdivision of Blocks 17, 18, 19, 20, and 21, Roberts and McWhorter Addition (210 University). ORDINANCE #9772 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN ALLEY LOCATED IN BLOCK 1, PERKINS SUBDIVISION OF BLOCKS 17, 18, 19, 20 AND 21, ROBERTS AND MCWHORTER ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. City Council Minutes March 14, 1996 Page140 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9772 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. ( 7.) ORDINANCE 99881--Zone Case No. 2767 (3034 Slide Road) -- Request of Clear-Vu Auto's for a zoning change from C-3 to C- 4 limited to used vehicle sales and all permitted C-3 uses on Lot 16, Howard Garlington Addition. ORDINANCE #9881 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2767; A ZONING CHANGE FROM C-3 TO C-4 ZONING ON LOT 16, HOWARD GARLINGTON ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9881 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. ( 8.) ORDINANCE #9882--Zone Case No. 1864-E (east of Ironton and south of 34th Street) --Request of Joe Stettheimer (for Heritage Home) for a zoning change from A-2 to R-1 Specific Use (garden homes) on a tract out of Section 37, Block AK. ORDINANCE 99882 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1864-E; A ZONING CHANGE FROM A-2 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON A TRACT OUT OF SECTION 37, BLOCK A-K, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance 99882 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 140 City Council Minutes March 14, 1996 Page 141 ( 9.) ORDINANCE #9883--Zone Case No. 1501-E (1302 50th Street) --Request of Pete Stone (for Stone's Tire and Auto Center) for a zoning change from C-3 to C-4 limited to auto repair, utility vehicle rental and all permitted C-3 uses on Lots 363, 364 and the east 30 feet of Lot 365, Benhall Manor Addition. ORDINANCE 99883 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1501-E; A ZONING CHANGE FROM C-3 TO C-4 ZONING ON LOTS 363, 364 AND THE EAST 30 FEET OF LOT 365, BENHALL MANOR ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9883 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (10.) ORDINANCE #9884--Zone Case No. 2769 (south of 19th Street and west of Quitsna)--Request of Monte Petree (for Dennis Kirk) for a zoning change from R-1 to C-4 (wholesale house, sales office and storage lot) on a tract out of Section 5, Block D-6. ORDINANCE 49884 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2769; A ZONING CHANGE FROM R-1 TO C-4 ZONING ON A TRACT OUT OF SECTION 5, BLOCK D-6, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9884 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (11.) ORDINANCE 99885--Zone Case No. 2770 (northwest corner of East 50th Street and Loop 289)--Request of City of Lubbock for a zoning change from M-1 to M-2 on a tract out of Section 1, Block B. ORDINANCE #9885 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2770; A ZONING CHANGE FROM M-1 TO M-2 ZONING ON A TRACT OUT OF SECTION 1, BLOCK B, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 141 City Council Minutes March 14, 1996 Page 142 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9885 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (12.) ORDINANCE #9886--Zone Case No. 2011-B (south of 38th Street and east of Milwaukee) --Request of Betenbough & Company for zoning change from R-2 to R-1 Specific Use (garden homes with a 20 foot minimum front setback) on a tract out of Section 37, Block AK. ORDINANCE #9886 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2011-13; A ZONING CHANGE FROM R-2 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON A TRACT OUT OF SECTION 37, BLOCK A-K, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on second and final reading Ordinance #9886 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (13.) Consider Ordinance #9887 abandoning and closing a portion of a five foot underground utility easement located in Lot 350, Whisperwood Addition (4801 Amherst Street). ORDINANCE 49887 AN ORDINANCE ABANDONING AND CLOSING A FIVE-FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN LOT 350, WHISPERWOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. According to staff memo, this ordinance abandons and closes a five-foot underground utility easement along the east five feet of Lot 350 in the Whisperwood Addition. This is located south of Amherst Street and west of North Utica Avenue. A new five-foot easement will be granted along the west five feet of the same lot. Staff recommended the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance #9887 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 142 City Council Minutes March 14, 1996 Page 143 (14.) Consider Ordinance #9888 abandoning and closing a transformer pad easement located in Lot 245-A, Whisperwood Addition (110 North York Avenue). ORDINANCE #9888 AN ORDINANCE ABANDONING AND CLOSING A TRANSFORMER PAD EASEMENT IN THE WHISPERWOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. According to staff memo, this ordinance abandons and closes an LP&L transformer pad easement located on the east side of Lot 245-A, in the Whisperwood Addition. This lot is located south of Loop 289 and east of York Avenue. A new transformer pad easement will be dedicated to replace this one being closed. Staff recommended the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance #9888 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (15.) Consider Resolution #5117 accepting storm sewer improvements constructed by Utility Contractors of America, Inc., in Westac Addition, Lot 12. RESOLUTION #5117 A RESOLUTION ACCEPTING DRAINAGE IMPROVEMENTS AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lot 12, Westac Addition, made arrangements with Utility Contractors of America, Inc. for the construction of drainage improvements in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following: 60 inch cast in place storm sewer 100 feet North of the South property line of Lot 12, Westac Addition, from the West Right -of -Way line of Frankford Avenue to 731 feet East, known and designated as New Subdivision Sub -Unit Number 15 of Unit Number 2037. WHEREAS, the construction of the above drainage improvements was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 143 City Council Minutes March 14, 1996 Page 144 SECTION 1. THAT the said improvements BE and the same are hereby accepted and the City Engineer BE and he is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT a refund of deposit be made for completion of N.S. 2037-15 in the amount of $96,480.00. 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 14th day of March 1996. /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/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this is a routine acceptance of drainage improvements required at the time of platting this new subdivision. The improvements consist of storm sewer construction as follows: 60-inch concrete pipe 100 feet north of the south property line of Westac Addition, Lot 12, from Frankford Avenue to 731 feet east. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5117 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (16.) Consider Resolution #5118 accepting street paving improvements included on the 1993 Paving Assessment Program. RESOLUTION #5118 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF 98TH STREET AS LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE OF ASSESSMENTS LEVIED. 144 City Council Minutes March 14, 1996 Page 145 WHEREAS, the City of Lubbock heretofore passed various street ordinances and resolutions and the Texas Department of Highways and Public Transportation has entered into a contract with Williams & Peters Construction Company for the making and construction of the outermost curb and gutter improvements on portions of 98th Street in said City, including the following: The North and South sides of 98th Street from the East end of radius at Indiana Avenue to the West end of radius at Slide Road, known and designated as Sub -Unit Number 95 of Unit Number 2035. WHEREAS, the improvements on the said portions of the above -mentioned street have been completed and have been inspected and found to have been constructed in accordance with terms of said Contract; 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 BE and the same are hereby accepted. 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 98th Street 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 14th day of March 1996. /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/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this is a routine acceptance of thoroughfare paving improvements authorized by the City Council. These improvements include paving and curb and gutter on 98th Street from Indiana Avenue to Slide Road. 145 City Council Minutes March 14, 1996 Page 146 These improvements were constructed by Williams and Peters Construction Company under contract with the Texas Department of Transportation (TxDOT). TxDOT prepared plans and bid this project using funding from the Federal Highway Administration. The City is responsible for 20 percent of the engineering and construction costs, and FHWA provided the remaining 80 percent. The total project cost is $3,176,246.84. The City cost is $679,653.30. This is the last of the streets that were included with the 1993 Assessment Program. The other units, Frankford Avenue and miscellaneous streets and alleys, have been previously accepted. Upon acceptance of these improvements, assessments will be levied against the adjacent properties. Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5118 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (17.) Consider Resolution #5119 authorizing the Mayor to execute a paving release releasing the paving lien on properties that are not to be assessed on the 1993 Assessment Paving Program. RESOLUTION #5119 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 Partial Paving Release concerning certain paving units which were deleted from the 1993 Assessment Paving Program, and also to release certain abutting properties for which no assessments were needed, 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. 146 City Council Minutes March 14, 1996 Page 147 Passed by the City Council this 14th day of March 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty Nit. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Partial Paving Release is filed with Resolution No. 5119. According to staff memo, this is a routine release of the Intent to Pave lien that was placed on parcels included on the 1993 Assessment Paving Program. At the beginning of an assessment program all the proposed street and alley improvements are described in a resolution indicating proposed assessments which are contemplated. This resolution is filed in the Deed Records at the County Court House. The resolution serves to notify potential buyers of an affected property that it is subject to a paving assessment. All of the abutting parcels are described in the assessment rolls so that when the assessment is levied, a record is maintained showing parcels to be assessed and parcels that are not assessed. The record also indicates the reasons some of the parcels are not being assessed. Parcels that have prepaid the paving cost at the time of platting, are abutting existing paving prior to the assessment, or are below highwater of a playa lake cannot be assessed. After the various street and alley paving improvements have been completed, the lien on those parcels not to be assessed must be released. This paving release will clear the title on the properties that have no assessments on this paving program. Staff recommended approval of this resolution and execution of the partial paving release. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5119 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 147 City Council Minutes March 14, 1996 Page 148 (18.) Consider Resolution #5120 authorizing the Mayor to execute a software license agreement with Ungerboeck Systems, Inc., for automated scheduling software for the Civic Centers. RESOLUTION #5120 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 Software License Agreement with Ungerboeck Systems, Inc (USI) to license the City of Lubbock to use software products, 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. Passed by the City Council this 14th day of March 1996. /s/ David R. LanQston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Bettv M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Vicki Kev Vicki Key, Civic Centers Manager APPROVED AS TO FORM: /s/ Clarence E. Walker Clarence E. Walker, Assistant City Attorney A copy of the Software License Agreement by and between the City of Lubbock and Ungerboeck Systems, Inc., is filed with Resolution N. 5120. According to staff memo, a capital project was approved in the FY1995-96 budget to provide for a computerized scheduling system for the Civic Centers Department. Funds were budgeted in the amount of $72,000 to cover the cost of the hardware required to operate the system and the software license agreement. The software license itself was estimated to cost $31,000. The system will allow staff the ability to respond more quickly to clients who wish to schedule their events at any of the facilities. Staff will now be able to access the scheduling system concurrently which increases our response time and service to our clients. This system will also allow statistical information to be instantaneously available upon request, thereby cutting down on the staff time currently necessary to perform research, prepare schedule of events, etc. The system will also bring other staff members into the loop in regard to communication concerning events and event needs. 148 City Council Minutes March 14, 1996 Page149 Key provisions of the agreement are as follows: Provides for a perpetual, non -transferable license to use the software on a network for up to 16 concurrent users. The one -tune software license fee will be $19,900 for 10 modules. Maintenance and support will be provided at no additional cost during the first ninety days after installation. The first annual maintenance fee will then be $4,537.50. This fee will be paid on an annual basis and will provide for support should there be problems with the software. It will also provide for any updates and upgrades to the software. On -site training will be provided at a cost of $1,000 per day plus expenses. Staff anticipated the total cost of training to be $3,000. Payment terms for the license shall be the cost for the third party products and 25 percent of the license fee upon contract execution; 50 percent of license fee within 10 days of software installation; and 25 percent of license fee upon final acceptance of software. The cost of the license is within the amount budgeted and totals $24,437.50 plus training. Staff recommended that the software license agreement be approved. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5120 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (19.) Consider Resolution 45121 updating prevailing wage rates for locally funded public works contracts. RESOLUTION 45121 WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by Resolution No. 2502 enacted January 8, 1987; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 149 City Council Minutes March 14, 1996 Page 150 THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Exhibit C. Overtime Rate Exhibit D: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 14th day of March 1996. /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/ Harold Willard Harold Willard, Assistant City Attorney A copy of Exhibits A, B and C are filed with Resolution No. 5121. According to staff memo, State law requires that the City Council establish general prevailing wage rates for public works contracts funded with local funds. Prevailing wage rates were established by the City Council in 1981 and were revised in 1984 and 1987. In 1995 a local building trades union wrote to the Purchasing Department asking that the prevailing wage rates be reviewed. The Human Resources Department mailed 103 wage survey questionnaires to local contractors and local trade unions. Questionnaires with salary information were received from 39 respondents. Local wage information was examined against similar surveys done by the State of Texas General Services Commission and U.S. Department of Labor. Proposed local rates were reviewed with the City's Purchasing Manager, Facilities Manager and City Engineer. 150 City Council Minutes March 14, 1996 Page 151 The proposed prevailing wage rates must be included in City bids for locally funded public works projects. Each rate represents the minimum rate that a contractor must pay to an employee in that classification. Contractors are free to pay wages above these rates. Staff recommended approval of the resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5121 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (21.) Consider Resolution #5122 authorizing acceptance of water and sanitary sewer improvements for Lot 12, Westac Addition, located south of 50th Street and Frankford Avenue. RESOLUTION 45122 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOT 12, WESTAC ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lot 12, Westac Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $49,317.50, with the improvements constructed by Utility Contractors of America having a value of $33,874.80, as determined by the unit prices established by said Chapter 28, and $13,410.21 cash paid to the City, which amount includes $12,732.72 cash for adjacent lines, with Rick Presley, the developer, to receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $0.00 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. 151 City Council Minutes March 14, 1996 Page 152 Passed by the City Council this 14th day of March 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy, Chief Engineer Water Utilities APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $49,317.50 including value of construction costs of $35,907.29 and $13,410.21 cash paid to the City of Lubbock. The developer will not receive a refund. There is no refund of deposit. This development is located south of 50th Street and Frankford Avenue. Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5122 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (22.) Consider Resolution #5123 authorizing acceptance of water and sanitary sewer improvements for Lots 1-88, Highland Gardens Addition, located west of 103rd Street and Indiana Avenue. RESOLUTION #5123 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 THROUGH 88, HIGHLAND GARDENS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1 through 88, Highland Gardens Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and 152 City Council Minutes March 14, 1996 Page 153 WHEREAS, the total utility cost to the developer is $167,715.40, with the improvements constructed by Utility Contractors of America having a value of $154,224.60, as determined by the unit prices established by said Chapter 28, and $13,490.80 cash paid to the City, which amount includes $9,636.80 cash for adjacent lines, with Craft Development, the developer, to receive a refund of $63,508.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $63,508.00 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 14th day of March 1996. /s/ David R. Lan sg ton DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy, Chief Engineer, Water Utilities APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $167,715.40 including value of construction costs of $154,224.60 and $13,490.80 cash paid to the City of Lubbock. The developer will receive a refund of $63,508.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock. There is no refund of deposit. This development is located west of 103rd Street and Indiana Avenue. 153 City Council Minutes March 14, 1996 Page 154 Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5123 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (23.) Consider Resolution #5124 authorizing acceptance of water and sanitary sewer improvements for Lots 1-6, Venture Addition, located southwest of 68th Street and Slide Road. RESOLUTION #5124 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 1 THROUGH 6, VENTURE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 1 through 6, Venture Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $59,523.65, with the improvements constructed by EMJ Corporation having a value of $35,907.29, as determined by the unit prices established by said Chapter 28, and $23,616.36 cash paid to the City, which amount includes $23,110.54 cash for adjacent lines, with Seitz Group, the developer, to receive a refund of $0.00 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $0.00 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. 154 City Council Minutes March 14, 1996 Page 155 Passed by the City Council this 14th day of March 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy, Chief Engineer, Water Utilities APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $59,523.65 including value of construction costs of $35,907.29 and $23,616.36 cash paid to the City of Lubbock. The developer will not receive a refund. There is no refund of deposit. This development is located southwest of 68th Street and Slide Road. Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5124 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (24•) Consider Resolution #5125 authorizing acceptance of water and sanitary sewer improvements for Lots 372-412, Revier Farm Addition, located southwest of 4th Street and Ironton Avenue. RESOLUTION #5125 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 372 THROUGH 412, REVIER FARM ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 372 through 412, Revier Farm Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and 155 City Council Minutes March 14, 1996 Page 156 WHEREAS, the total utility cost to the developer is $51,240.72, with the improvements constructed by Holoman Construction Company having a value of $33,103.75, as determined by the unit prices established by said Chapter 28, and $18,136.97 cash paid to the City, which amount includes $14,602.88 cash for adjacent lines and $2,883.20 for fund transfer, with Betenbough & Company, the developer, to receive a refund of $11,403.87 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $11,403.87 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 14th day of March 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy, Chief Engineer, Water Utilities APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $51,240.72 including value of construction costs of $33,103.75 and $18,136.97 cash paid to the City of Lubbock. The developer will receive a refund of $11,403.87 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock. There is no refund of deposit. This development is located southwest of 4th Street and Ironton Avenue. 156 City Council Minutes March 14, 1996 Page 157 Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5125 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (25.) Consider Resolution #5126 authorizing acceptance of water and sanitary sewer improvements for Tract C, Summerfield Addition, located southeast of 86th Street and Boston Avenue. RESOLUTION 95126 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR TRACT C, SUMMERFIELD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Tract C, Summerfield Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $43,941.46, with the improvements constructed by Utility Contractors of America having a value of $42,539.95, as determined by the unit prices established by said Chapter 28, and $1,401.51 cash paid to the City, with Lubbock Land Company, the developer, to receive a refund of $33,043.47 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and -- WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. SECTION 2. THAT the refundable cost in the amount of $33,043.47 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. 157 City Council Minutes March 14, 1996 Page 158 Passed by the City Council this 14th day of March 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy, Chief Engineer, Water Utilities APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $43,941.46 including value of construction costs of $42,539.95 and $1,401.51 cash paid to the City of Lubbock. The developer will receive a refund of $33,043.47 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock. There is no refund of deposit. This development is located southeast of 86th Street and Boston Avenue. Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5126 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (26.) Consider Resolution 95127 authorizing the Mayor to execute a grant agreement with the Department of Transportation Federal Aviation Administration for the procurement of an Aircraft Firefighting and Rescue Vehicle (Rapid Intervention Vehicle). RESOLUTION #5127 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 Grant Agreement by and between the City of Lubbock and the United States of America, Federal Aviation Administration for an Aircraft Rescue and Firefighting Rapid Intervention Vehicle, 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. 158 City Council Minutes March 14, 1996 Page159 Passed by the City Council this 14th day of March 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty 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 Grant Agreement by and between the City of Lubbock and the United States of America, Federal Aviation Administration is filed with Resolution No. 5127. According to staff memo, the airport has a Federal Aviation Administration (FAA) validated need for an aircraft firefighting and rescue vehicle. This procurement is in close coordination with the Lubbock Fire Department and is in conjunction with the Airport Improvement Program. The total value of the project is $64,379. The FAA portion is $57,941 with the remaining 10 percent ($6,438) being funded through passenger facility charges at no cost to the City. This upgrade will replace a 1971 vehicle which does not fully meet FAA standards. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5127 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (27.) Consider Resolution #5128 authorizing the Mayor to execute a termination agreement between the City of Lubbock and S & H Welding. RESOLUTION #5128 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for Termination of Lease by and between the City of Lubbock and S & H Welding Company, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 159 City Council Minutes March 14, 1996 Page160 Passed by the City Council this 14th day of March 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty 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 Agreement for Termination of Lease by and between the City of Lubbock and S & H Welding Company is filed with Resolution No. 5128. According to staff memo, Miller Manufacturing, a tenant in the East Industrial District at the airport, is vacating a building located on the airport. They have two years remaining on their lease agreement. S & H Welding, another airport tenant, has approached Miller Manufacturing for an assignment for the remainder of the lease term. If the assignment from Miller Manufacturing to S & H Welding is approved, S & H will vacate the building that it now occupies and move its entire operation to the Miller Manufacturing Building. The building that S & H will vacate would, in turn, be occupied by another airport tenant that is expanding its operation. This agreement authorizes the termination of S & H Welding's lease agreement for Building #716. Once the termination is approved, the Department of Aviation will authorize the assignment of the Miller Manufacturing lease to S & H Welding. The Airport Board and City staff recommend approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5128 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 160 City Council Minutes March 14, 1996 Page 161 (28.) Consider Resolution #5129 authorizing the Mayor to execute an amendment to Nortec Specialty Steel's lease agreement at the airport. RESOLUTION 95129 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 Second Agreement to Amend Non -Aeronautical Lease with Nortec Specialty Steels Co., 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. Passed by the City Council this 14th day of March 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Beny 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 Second Agreement to amend the Non -Aeronautical Lease with Nortec Specialty Steels Co., Inc., is filed with Resolution No. 5129. According to staff memo, Building #716, located in the East Industrial District at the airport, is currently occupied by S & H Welding. They are in the process of moving out of the building and into another building on the airport. Nortec Specialty Steel, another airport tenant, has a first right of refusal option on the building. This option was previously written into Nortec's master lease in 1984. That master lease has eight years left on the initial term of 20 years. There is one option to extend the lease for another five years. The proposed second amendment adds Building #716 to the description of leased premises for a three-year term at $1,000 per month. The amendment stipulates that the building is to be used for the storage of raw products only. If the decision is made to include the building in Nortec's fabrication line, the lease will be renegotiated. 161 City Council Minutes March 14, 1996 Page 162 The Airport Board and City staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5129 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (29.) Consider Resolution #5130 authorizing the Mayor to submit an application for the 1996 All America City and Community Award Program. RESOLUTION 45130 WHEREAS, Lubbock and its citizens have undertaken numerous initiatives to strengthen a sense of community through widespread citizen participation and cooperation; and WHEREAS, the South Plains Food Bank, Inc., the Breedlove Dehydration Plant, Lubbock United Neighborhoods Association (LUNA), and Broadway Festivals have involved citizens in reclaiming their neighborhoods, while acknowledging a global responsibility to combat hunger; and WHEREAS, the aforementioned citizen organizations have pledged to join with the City of Lubbock to celebrate our accomplishments by competing for the "1996 All - America City and Community Award Program"; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That the Mayor is authorized to join, in a collaborative effort, with the South Plains Food Bank, Inc., the Breedlove Dehydration Plant, Lubbock United Neighborhoods Association, and Broadway Festivals to submit an application for the 1996 All -America City and Community Award Program, together with all necessary documentation and filing fees. Passed by the City Council this 14th day of March 1996. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Jim Bertram Jim Bertram, Director of Strategic Planning - 99 0T "07,MV 06110311Iu F /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ David R. Langston DAVID R. LANGSTON, MAYOR 162 City Council Minutes March 14, 1996 Page 163 According to staff memo, the All America City and Community Award Program is an annual program to honor cities who have completed substantial efforts in collaborative citizen projects and programs. An emphasis of the All America City Program is community renewal through citizen participation and cooperative and collaborative efforts. In mid -February, City staff members met with representatives from LUNA, Broadway Festivals, and the South Plains Food Bank/Breedlove Dehydration Center. Because many of the programs and activities of these non-profit agencies cut across a broader cross section of citizens, it was decided that the application should be a joint effort of these entities. The deadline for the application to be submitted to the All America City Award Committee is March 28, 1996. For cities Lubbock's size, there is a $550 application fee. City staff members are in general agreement that this should be a joint application; however, it is anticipated that the City would provide the funding for the application fee. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5130 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (30.) Consider Resolution #5131 authorizing the Mayor to execute a neighborhood association agreement with Chatman Hill Neighborhood Association. RESOLUTION 95131 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 Neighborhood Enhancement and Beautification Agreement by and between the City of Lubbock and the Chatman Hill Neighborhood Association. Said Grant Application is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 163 City Council Minutes March 14, 1996 Page 164 Passed by the City Council this 14th day of March 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman by Denish Wilson Doug Goodman, Director Health Department APPROVED AS TO FORM: /s/ AM L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the Neighborhood Enhancement and Beautification Agreement by and between the City of Lubbock and the Chatman Hill Neighborhood Association is filed with Resolution No. 5 13 1. According to staff memo, $80,000 was allocated for the Neighborhood Enhancement & Beautification program for FY1995-1996. The following neighborhood associations submitted proposals for the Neighborhood Enhancement & Beautification Program: Neighborhood Association Amount Requested Arnett Benson $4,975.53 Chapel Hill $2,221.51 Chatman Hill $4,809.66 Clayton -Carter $4.120.96 Total: $16,127.66 The remaining balance of $63,872.34 will be made available for other CDBG eligible neighborhoods to apply for in future months. These contracts are for the following: Chatman Hill: neighborhood entrance signs and neighborhood crime watch prevention signs Chapel Hill: neighborhood watch signs, picnic tables, a red oak tree, and concrete bumpers at the community center Clayton Carter: alley lighting Arnett Benson: solar powered motion sensor flood lights in alleys. 164 City Council Minutes March 14, 1996 Page165 The Community Development Advisory Committee and City staff recommended the approval of these resolutions. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5131 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (31.) Consider Resolution 45132 authorizing the Mayor to execute a neighborhood association agreement with Chapel Hill Neighborhood Association. RESOLUTION #5132 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 Neighborhood Enhancement and Beautification Agreement by and between the City of Lubbock and the Chapel Hill Neighborhood Association. Said Grant Application is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 14th day of March 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman by Denish Wilson Doug Goodman, Director Health Department APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the Neighborhood Enhancement and Beautification Agreement by and between the City of Lubbock and the Chapel Hill Neighborhood Association is filed with Resolution No. 5132. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5132 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 165 City Council Minutes March 14, 1996 Page166 (32.) Consider Resolution #5133 authorizing the Mayor to execute a neighborhood association agreement with Clayton Carter Neighborhood Association. RESOLUTION #5133 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 Neighborhood Enhancement and Beautification Agreement by and between the City of Lubbock and the Clayton Carter Neighborhood Association. Said Grant Application is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 14th day of March 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman by Denish Wilson Doug Goodman, Director Health Department APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the Neighborhood Enhancement and Beautification Agreement by and between the City of Lubbock and the Clayton Carter Neighborhood Association is filed with Resolution No. 5133. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5133 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. WOM City Council Minutes March 14, 1996 Page 167 (33.) Consider Resolution #5134 authorizing the Mayor to execute a neighborhood association agreement with Arnett Benson Neighborhood Association. RESOLUTION #5134 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 Neighborhood Enhancement and Beautification Agreement by and between the City of Lubbock and the Arnett Benson Neighborhood Association. Said Grant Application is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 14th day of March 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman by Denish Wilson Doug Goodman, Director Health Department APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the Neighborhood Enhancement and Beautification Agreement by and between the City of Lubbock and the Arnett Benson Neighborhood Association is filed with Resolution No. 5134. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5134 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 167 City Council Minutes March 14, 1996 Page 168 (34.) Consider Resolution #5135 transferring Parcel Numbers 93440-7-3 & 4 at 2505-07 Ash Avenue; 15760-14-10 & 20 at 2001 Elm Avenue; 15760-13-40 at 2006 Elm Avenue; and 93440-34-2 at 2203 Elm Avenue in the Chatman Hill Area from the Urban Renewal Agency to the City of Lubbock HOPE 3 Program. RESOLUTION #5135 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the transfer of Parcel Number 93440-7-3 & 4 at 2505-2507 Ash Avenue; Parcel Number 15760-14-10 & 20 at 2001 Elm Avenue; Parcel Number 15760-13-40 at 2006 Elm Avenue; and Parcel Number 93440-34-2 at 2203 Elm Avenue in the Chatman Hill Area from the Urban Renewal Agency to the City of Lubbock HOPE 3 Program is hereby approved. Passed by the City Council this 14th day of March 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Director Health Department APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney According to staff memo, the Urban Renewal Agency is donating these lots for the HOPE 3 Program. Two residential structures were donated by the Harmon Scalps Estate, a single-family residence was donated by the Texas Parks & Wildlife Department, and a farm house was donated by Jimmie Dickey House Movers. These homes range from 1,000 to 2,600 square feet. The value of the homes after rehabilitation will range from $30,000 to $60,000. The land is properly zoned. City staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5135 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. City Council Minutes March 14, 1996 Page 169 (35.) Consider the price and condition of sale of Parcel Number 54490-0-2850 at 2905 Beech in the Manhattan Heights Addition. According to staff memo, this is a routine sale of property by the Southeast Lubbock Development Corporation to Sid Lee dba Lee Homes, for $300. The property is to be redeveloped in cooperation with the Lubbock Housing Finance Corporation with a new 1,265 square foot single-family residence valued at $40,000. The land is properly zoned. City staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize sale as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (36.) Bid 913265--Transit Coaches (Transit). Nova Bus, Inc.--36 Ea 35' Transit Coaches. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bid meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (37.) Bid #13424--Integrated Tool Carrier (Fleet Services). Associated Supply Company, Inc.--1 Ea Integrated Tool Carrier Per Spec 987. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bid meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (38.) Bid #13444--Four Station Mail Inserter (Electric Utilities). Bell & Howell --Four Station Mail Inserter, refurbished. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bid meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (39.) Bid #13472--Agricultural Seed - Annual Pricing (Land Application Site). Richardson Seeds, Inc.--250,000 Lb Triticale Winter Variety Seed. Seedco Corporation_150,000 Lb Hay Grazer Seed; 1,150 Lb Grain Sorghum Seed. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 169 City Council Minutes March 14, 1996 Page 170 (40.) Bid #13477--Mackenzie Park Security Lighting, and authorize same (Park Development). RESOLUTION #5136 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 Artex Electric Company of Lubbock, Texas, to furnish and install all services and materials as bid for the Mackenzie Park Security Lighting, 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. Passed by the City Council this 14th day of March 1996. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman by Ron Shuffield Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ David R. Langston DAVID R. LANGSTON, MAYOR CONTRACT STATE OF TEXAS S COUNTY OF LUBBOCK 8 THIS AGREEMENT, made and entered into this 14th day of March 1996 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 Artex Electric Company of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: 170 City Council Minutes March 14, 1996 Page 171 BID NO. 13477--Mackenzie Park Security Lighting in the amount of $134,335.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: /s/ Name not Legible ATTEST: Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston ton Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver Artex Electric Company CONTRACTOR By: /s/ Burl D. Bourns TITLE: Owner COMPLETE ADDRESS: Artex Electric Company 3508 Avenue J Lubbock, Texas 79412 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5136 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 171 City Council Minutes March 14, 1996 Page 172 (41.) Bid #13481--Lubbock Senior Center Roof Replacement, and authorize same (Building Services). RESOLUTION 45137 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 J. W. Roofing & Remodeling of Plainview, Texas, to furnish and install all services and materials as bid for the Lubbock Senior Center Roof Replacement, 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. Passed by the City Council this 14th day of March 1996. /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 by Ron Shuffield Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS b COUNTY OF LUBBOCK 8 THIS AGREEMENT, made and entered into this 14th day of March 1996 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 J. W. Roofing & Remodeling of the City of Plainview, County of Hale, 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: 172 City Council Minutes March 14, 1996 Page 173 BID NO. 13481--Lubbock Senior Center - Roof Replacement in the amount of $107,950.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT /s/ George Lisenbe ATTEST: Secretary COMPLETE ADDRESS CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver J. W. Roofing & Remodeling CONTRACTOR By: /s/ Jack Wirth TITLE: Owner J. W. Roofing & Remodeling P.O. Box 1084 Plainview, Texas 79073 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5137 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 173 City Council Minutes March 14, 1996 Page 174 (42.) Bid #13485--Painting of Water Storage Tanks, and authorize same (Water Utilities). RESOLUTION #5138 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 TMI Coatings, Inc. of St. Paul, Minnesota, to furnish and install all services and materials as bid for the Painting of Water Storage Tanks, 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. Passed by the City Council this 14th day of March 1996. /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 by Ron Shuffield Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS 5 COUNTY OF LUBBOCK 6 THIS AGREEMENT, made and entered into this 14th day of March 1996 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: 174 City Council Minutes March 14, 1996 Page175 BID NO. 13485--Painting of Elevated Storage Tanks in the amount of $434,000.00 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: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT /s/ Michael E. Murphy ATTEST: Secretary COMPLETE ADDRESS: CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver TMI Coatings, Inc. CONTRACTOR By: /s/ James D. Imre TITLE: CEO TMI Coatings, Inc. 2805 Dodd Road St. Paul Minnesota 55121 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5138 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (43.) Bid #13498--Applied Fertilizer (Land Application Site). Kitten Fertilizer & Supply--140 AC Nitrogen, Potassium, Phosphorus Fertilizer 16-6-2-2.10 Zinc, Application Rate of 1,000 Lb Per Acre; 250 AC Nitrogen, Potassium, Phosphorus Fertilizer 16-6-2-2.10 Zinc, Application Rate of 500 Lb Per Acre. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 175 City Council Minutes March 14, 1996 Page 176 (44.) Bid #13501--Carpet Cleaning for Main Terminal - Lubbock International Airport, and authorize same (Aviation). RESOLUTION 95139 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 Artex Electric Company of Lubbock, Texas, to furnish and install all services and materials as bid for the Mackenzie Park Security Lighting, 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. Passed by the City Council this 14th day of March 1996. /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 by Ron Shuffield Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS 8 COUNTY OF LUBBOCK 8 THIS AGREEMENT, made and entered into this 14th day of March 1996 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 Rainbow International Carpet Care & Restoration Specialists 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: 176 City Council Minutes March 14, 1996 Page177 BID NO. 13 50 1 --Carpet Cleaning for Main Terminal - Lubbock International Airport in the amount of $20,640.90 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Betty M. Johnson Secretary APPROVED AS TO CONTENT: /s Adolfo Varla ATTEST: Secretary COMPLETE ADDRESS: (45.) CITY OF LUBBOCK, TEXAS (OWNER) /s/ David R. Langston Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver Rainbow International Carpet Care CONTRACTOR By: /s/ Sammy Taylor TITLE: Owner Rainbow International Carpet Care & Restoration Specialists P.O. Box 64382 Lubbock, Texas 79464 Motion was made by Councilmember Patterson, seconded by Councilmember Ince to authorize Resolution #5139 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. Bid #13510--Continuous Emissions Monitoring System Replacement Parts (Electric Production). Monitor Labs, Inc. --Total bid. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 177 City Council Minutes March 14, 1996 Page 178 (20.) Consider Ordinance #9889 adopting a hazardous materials cargo route for the City of Lubbock. ORDINANCE 99889 AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO HAZARDOUS MATERIALS TRANSPORTATION ROUTES; DEFINITIONS; PURPOSE; HAZARDOUS MATERIALS TRANSPORTATION ROUTES; PARKING; DEFENSES; VIOLATIONS AND PENALTIES; LIABILITY FOR SPILLS; CONFLICT WITH OTHER LAWS; SEVERABILITY; AND PROVIDING FOR PUBLICATION. According to staff memo, non -radioactive hazardous materials may legally be transported on any public street within the city limits. Accidental or intentional release of these materials can jeopardize the health and safety of the population. The proposed ordinance provides for safe, logical transport of hazardous materials through the community. A private consulting firm was employed by the Local Emergency Planning Committee (LEPC) to analyze risk factors and recommended routes that minimize risk to the population. A task force nominated by the LEPC served as the primary reviewing body of the route designation study. The task force included representatives from the trucking industry, storage and transfer industry, petroleum transporters, Fire Department, Street Department, Texas Department of Public Safety, and Texas Department of Transportation. No significant objections were received following a local public hearing and publication of the proposed route in the local newspaper and the Texas Register. The Texas Department of Public Safety has approved the route. Final cost to the City for the project will be approximately $20,000. Texas Department of Transportation has agreed to install the signs. Staff recommended approval of the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance #9889 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (46.) Hold a public hearing to consider the request of Benson McCown for an Oil Drilling Permit on a tract located approximately 1800 feet north of East Ursuline and 2180 feet east of Martin Luther King Boulevard in Section 8, Block A, Lubbock County, Texas. Designation of well is Hefner 91. Mayor Langston opened the public hearing at 11:05 a.m. Ronnie Madison appeared on behalf of Benson McCown to present this request for an oil drilling permit. No one appeared in opposition. Mayor Langston closed the hearing at 11:07 a.m. 178 City Council Minutes March 14, 1996 Page179 (47.) Consider approval of an oil drilling permit for Hefner #l. Randy Henson, Senior Planner, presented staff comments. On February 19, 1996, the Planning Department received an application for a permit to drill the above described well. The storage site is proposed at a new tank battery approximately 500 feet east of Martin Luther King Boulevard and 1500 feet west of the well site. The application is in order. The lease contains 80 acres; a second well will be proposed on the lease at a later date. Benson McCown proposes earth sludge pits and no landscaping at the well site. The blow-out protector has a rating of 5,000 psi. Disposal of waste materials is proposed at a Railroad Commission approved dump in Lubbock County. Access to the drill site and storage site is proposed from MLK on private property. A minimum of impact is expected for the short term since the area is relatively uninhabited. The current use south of Bradley is agricultural. There are three homes north of Bradley and west of the well site. The well is approximately 150 feet south and 100 feet east of the closest residential unit. The surface owners of the property where residences exist have a 50 percent interest in the minerals on their ownership and have signed the lease. The land area surrounding and including this lease is designated industrial on the Comprehensive Land Use Plan. Additional wells are in the immediate area. Since little additional development is projected in the immediate area and future development is anticipated as industrial, few long-term negative impacts are anticipated. Recommended permit conditions are as follows: No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until after the first series of surface casing has been set to 350 feet or greater. The permittee shall require that a first series of casing be set when drilling reaches a depth of 500 f feet. The permittee shall notify the Lubbock office of the Texas Railroad Commission for the intended dates for casing the well. The first, and if used, the second series of casing of the well shall be in compliance with applicable portions of Rule 13 of the Texas Railroad Commission. The permittee shall meet all other conditions of Section 14, Article VI of the Lubbock Code and those specifications indicated within the application of Grantland for Hefner # 1. Staff recommended approval. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to approve an oil drilling permit for Hefner #1 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. 179 City Council Minutes March 14, 1996 Page 180 (48.) Consider a resolution authorizing the Mayor to execute a contract between the City of Lubbock, which is designated as the Metropolitan Planning Organization (MPO) of the Lubbock Urbanized area, and McDonald Transit Associates, Inc., for consulting services to complete the Citibus Operational/Fire Structure Analysis. This item was deleted from the agenda. (49.) Consider Resolution #5140 authorizing the Mayor to execute an interlocal agreement between the City of Lubbock and Texas Tech University Health Sciences Center to provide for the services of Medical Director to the City of Lubbock Health Department. RESOLUTION 95140 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 between the City of Lubbock and Texas Tech University Health Sciences Center to provide the services of Dr. Farah Shah as Medical Director for the City of Lubbock Health Department, 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. Passed by the City Council this 14th day of March 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Director Health Department APPROVED AS TO FORM: /s/ Clarence E. Walker Clarence E. Walker, Assistant City Attorney A copy of the Interlocal Agreement by and between the City of Lubbock and Texas Tech University Health Sciences Center is filed with Resolution No. 5140. 180 City Council Minutes March 14, 1996 Page181 Mary Strange, Medical Program Coordinator, presented staff comments. The position of Medical Director enables the Health Department to establish procedures for conducting Immunization and Sexually Transmitted Diseases clinics, generate revenue by billing Medicaid, and provide laboratory consultation. This position was budgeted at $15,000 and included Health Authority responsibilities. The Health Authority provides consultation and advice regarding surveillance and disease containment activities and in official matters related to the local and state health departments. Texas law allows the State Regional Director to act as Health Authority for local health departments. However, he may not act as Medical Director. Therefore, it became necessary for the City of Lubbock Health Department to seek the services of another physician. Dr. Farah Shah is a pediatric dermatologist, a background which enhances her ability to oversee the Immunization and S.T.D. clinics. Dr. Shah is on the faculty of the Dermatology Department at Texas Tech University Health Sciences Center. This two year agreement includes payment of $600 per month ($7,200 per year) for Dr. Shah's services. This is more than a 50 percent reduction from previous years. In order to legally function, the City of Lubbock must have both a Health Authority and a Medical Director. Staff recommended approval of this resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to authorize Resolution #5140 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (50.) Consider Resolution 95141 revising regular City Council meeting dates in 1996. RESOLUTION 95141 WHEREAS, the Charter of the City of Lubbock provides at Chapter 1, Article IX, Section 13, that the City Council shall meet at least twice each month as prescribed by ordinance or resolution; and WHEREAS, regular meetings of the City Council are established by City Council Rules, Order of Business and Procedures Section III, A, 1, pursuant to Resolution No. 1610, as being on the second and fourth Thursdays of each month; and WHEREAS, certain months during the calendar year 1996 will require the regular _ meetings of the City Council to be conducted on different days than those specified in the City Council Rules, Order of Business and Procedures; and WHEREAS, it is the opinion of the City Council that it would be in the best interest of the citizens of the City of Lubbock to provide for regular meetings in the following named instances on days other than those normally used for regular City Council meetings; NOW THEREFORE: 181 City Council Minutes March 14, 1996 Page 182 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the following named regular City Council meetings shall be conducted on the dates indicated below because of conflicts with holidays and other business. Regular Date April 25, 1996 June 13, 1996 June 27, 1996 October 24, 1996 November 14, 1996 November 28, 1996 December 26, 1996 Revised Date April 18, 1996 June 24, 1996 June 26, 1996 October 17, 1996 November 7, 1996 November 21, 1996 December 19, 1996 Passed by the City Council this 14th day of March 1996. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Betty Johnson, City Secretary, presented staff comments. The City Charter provides that the City Council shall meet at least twice each month as prescribed by ordinance or resolution. Resolution # 1610 establishes the second and fourth Thursdays of each month as the regular meeting dates of the City Council. Because of various conflicts with holidays and other business, the City staff is proposing the following revisions to regular City Council meeting dates: Regular Date April 25, 1996 June 13, 1996 June 27, 1996 October 24, 1996 November 14, 1996 November 28, 1996 December 26, 1996 Revised Date April 18, 1996 June 24, 1996 June 26, 1996 October 17, 1996 November 7, 1996 November 21, 1996 December 19, 1996 182 City Council Minutes March 14, 1996 Page 183 The two meetings in June will be for the purpose of conducting FY1996-97 budget reviews, with the first session beginning Monday, June 24, and extending through Tuesday, June 25, if necessary. The second session will begin on Wednesday, June 26, and extend through Friday, June 28, or until the reviews are completed. The budget reviews will replace the regular Council meetings in June; however, it may be necessary for the City Council to take action on some items that cannot be delayed until the first regular meeting in July. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #5141 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (51.) Consider Resolution #5142 giving Notice of Intent to enter into a tax abatement agreement with Plains Cooperative Oil Mill, Inc. RESOLUTION #5142 WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with Plains Cooperative Oil Mill, Inc. WHEREAS, V.T.C.A., Tax Code, Section 312.2041 requires notice of the intent of City Council to be given to the presiding officer of the governing body of each taxing unit in which the property to be subject to the Tax Abatement Agreement is located; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of City Council to enter into a Tax Abatement Agreement with Plains Cooperative Oil Mill, Inc., said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located in City of Lubbock, Lubbock County, Texas, and further described as follows: METES AND BOUNDS DESCRIPTION of a 189.92 acre tract of land out of Section 1, Block B, T. T. R. R. Co. Survey, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at a 1/2" iron rod and cap set for the Southwest and beginning corner of this tract, whence the Southwest corner of Section 1, Block B, T. T. R. R. Co. Survey, Lubbock County, Texas bears North 89°58'50" West, 38.08 feet and bears South 00'01'20" West, 90.00 feet; THENCE North 00°01'20" East, 2467.19 feet to a 1/2" iron rod and cap, set for the Northwest corner of this tract; THENCE North 89°33'58" East, 2177.78 feet to a 1/2" iron rod and cap, set for a corner of this tract; 183 City Council Minutes March 14, 1996 Page 184 THENCE South 32°51'08" East, 567.13 feet to a 1/2" iron rod and cap, set for a corner of this tract; THENCE South 71 °20'52" East, 658.94 feet to a 1/2" iron rod and cap, set for a corner of this tract; THENCE South 65°27'54" East, 694.18 feet to a 1/2" iron rod and cap, set in the West R.O.W. line of Loop 289 for a corner of this tract; THENCE South 00024'00" West, along the West R.O.W. line of said Loop 289, 369.03 feet to a R.O.W. monument found in the West line of Loop 289 for a corner of this tract; THENCE South 00023'53" West, along the West R.O.W. line of said Loop 289, 509.38 feet to a R.O.W. monument found in the West line of Loop 289 for a corner of this tract; THENCE South 0751'16" West, 439.49 feet to a 1/2" iron rod and cap, set for a P.C. of a curve to the right; THENCE Southwesterly, along the arc of said curve, an arc distance of 308.32 feet to a 1/2" iron rod and cap, set for the P.T. of said curve, said curve has a radius of 215.00 feet and a chord that bears South 48'56'16" West, 282.57 feet; THENCE South 00°16'05" West, 10.05 feet to a 1/2" iron rod and cap, set for a corner of this tract; THENCE North 89°58'50" West, 3462.88 feet to the PLACE OF BEGINNING. Lot 1 A and Lot 4, Plains Cooperative Oil Mill Addition, City of Lubbock, Lubbock County, Texas. 184 City Council Minutes March 14, 1996 Page 185 Passed by the City Council this 14th day of March 1996. /s/ David R. Lansg ton DAVID R. LANGSTON, MAYOR /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Joel Beesinger Joel Beesinger, Interim Director of Business Development APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Notice of Intent and Exhibits A and B are filed with Resolution No. 5142. Joel Beesinger, Interim Director of Business Development, presented staff comments. Staff received an application from Plains Cooperative Oil Mill, Inc., for industrial tax abatement in the South Enterprise Zone. Plains Cooperative Oil Mill plans to expand the existing plant at 2901 Avenue A as well as build a new plant on the property at 50th Street and Guava that has been leased from the City of Lubbock. Plains Cooperative Oil Mill, Inc., intends to invest approximately $20 million in the expansion, with $4 million in improvements and equipment at the existing plant at 2901 Avenue A where they plan to build a winterization process and bottling operation, and $16 million at the new site at 50th Street and Guava where they will build a 500 ton per day oil mill and seed storage. The estimated annual tax abatement will be $117,180. The total estimated amount of tax abatement over the life of the contract would be approximately $1,171,800. Plains Cooperative Oil Mill, Inc., employs 176 persons at their existing plant at 2901 Avenue A and plans to increase employment by 35 persons in two years. The annual payroll for existing employment is approximately $6 million with an additional $1 million annually for the new jobs. The project will add $20 million in new value to the tax base in the South Enterprise Zone and assist in the retention of 176 existing jobs and the creation of 35 new jobs. Under the industrial criteria and guidelines, Plains Cooperative Oil Mill, Inc., is eligible and meets all the requirements for 10 year, 100 percent tax abatement. 185 City Council Minutes March 14, 1996 Page 186 Staff recommended approval of the Notice of Intent to enter into a tax abatement agreement with Plains Cooperative Oil Mill, Inc. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution #5142 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (52.) Consider Resolution #5143 giving Notice of Intent to enter into a tax abatement agreement with Frito Lay, Inc. RESOLUTION 45143 WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with Frito-Lay, Inc., and WHEREAS, V.T.C.A., Tax Code, Section 312.2041 requires notice of the intent of City Council to be given to the presiding officer of the governing body of each taxing unit in which the property to be subject to the Tax Abatement Agreement is located; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of City Council to enter into a Tax Abatement Agreement with Frito-Lay, Inc., said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located in City of Lubbock, Lubbock County, Texas and further described as 3202 AVENUE B, TRACTS A, D, AND E, BURLINGTON INDUSTRIAL ADDITION CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; Passed by the City Council this 14th day of March 1996. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Joel Beesinger Joel Beesinger, Interim Director of Business Development APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ David R. Langston DAVID R. LANGSTON, MAYOR 186 City Council Minutes March 14, 1996 Page187 NOTICE OF INTENT OF THE CITY COUNCIL OF THE CITY OF LUBBOCK TO ENTER INTO AN AGREEMENT TO ABATE TAXES ON REAL PROPERTY IMPROVEMENTS AND TANGIBLE PROPERTY LOCATED 3202 AVENUE B, TRACTS A, D, AND E, BURLINGTON INDUSTRIAL ADDITION CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; Notice is hereby given that the City Council of the City of Lubbock intends to enter into an agreement with Frito-Lay, Inc. to abate taxes on improvements to property and tangible property located within an enterprise zone created by Ordinance No. 9591 and covering all of the subject property. Notice is further given that the City Council of the City of Lubbock will consider authorizing the Mayor of the City to execute a contract between the City and Frito-Lay, Inc. for tax abatement, a copy of said Agreement is attached to this Notice as Exhibit "A" and made a part hereof for all purposes. Notice is further given that the City Council will consider this matter at its meeting held in the City Council Chamber, City Hall, 1625 13th Street, City of Lubbock, on the 14th day of March 1996 at 10:00 o'clock a.m. Joel Beesinger, Interim Director of Business Development, presented staff comments. Staff received a request from Frito Lay, Inc., for industrial tax abatement in the South Enterprise Zone. Frito Lay plans to upgrade existing equipment and expand their product line. The planned improvements include upgrading the current starch recovery system to a new high efficiency starch recovery design and constructing a new building to fit it in. This project will significantly reduce wastewater discharge loads (37 percent for TSS and 12 percent for BOD) which will comply with recent requests from the City of Lubbock to make a good faith effort to reduce waste loads. The second part of the project involves the replacement of an existing fryer and an upgrade of the existing corn cooking system and to handle any growth for this product line for several years in the future. The third part of the project involves an expansion of Frito Lay's current product line to include a new product called "Texas Grilled." This will involve the installation of new specialized equipment and several process changes. Frito Lay plans to invest a total of $600,000 in building related structural improvements and $2.6 million in equipment. The estimated annual amount of tax abatement will be $18,749. The total amount of tax abatement over the life of the contract would be approximately $187,490. Frito Lay's current assessed taxable value for plant and equipment is $11,075,100 and their 1995 taxes to the City of Lubbock are $67,051.93. Total tax liability including LISD and Lubbock County is $245,664.54. 187 City Council Minutes March 14, 1996 Page 188 Frito Lay employed 219 persons at the time of submission of the tax abatement application. They have committed to increase employment by 10 persons in accordance with the guidelines. A variance under the guidelines and criteria is requested in regards to the date the company may begin hiring these new employees. Frito Lay requests a change in the date the company may begin hiring new employees from the date the contract is signed to the commencement of the project, which began in January 1996. The project will add $3.2 million in new value to the tax base in the South Enterprise Zone and assist in the retention of 219 existing jobs and the creation of 10 new jobs. Staff recommended approval of the Notice of Intent to enter into a tax abatement agreement with Frito Lay, Inc. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #5143 as recommended by staff. Motion carried: 6 Yeas; 0 Nays. (57.) Confirm appointment of Vickie Cooper to the Appointments Advisory Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Vickie Cooper to the Appointments Advisory Board. Motion carried: 6 Yeas; 0 Nays. (58.) Confirm appointment of Richard Molina to the Community Services Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Richard Molina to the Community Services Commission. Motion carried: 6 Yeas; 0 Nays. (53.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager). (54.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Water Utilities). (55.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.072, to discuss purchase, exchange, lease, or value of real property (Culture & Leisure Services and Right -of -Way). 188 City Council Minutes March 14, 1996 Page 189 (56.) 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 Electrical Examiners Board of Health Building Board of Appeals Citizens Traffic Commission Community Development Advisory Committee Human Relations Commission Keep Lubbock Beautiful Advisory Committee Municipal Arts Committee Park and Recreation Board Permit and License Appeal Board Zoning Board of Adjustment 189 City Council Minutes March 14, 1996 Page 190 There being no further business to come before Council and without objection, the meeting was adjourned at 1:46 p.m. ATTEST: &t*- aa4) Betty M. Johnso , City Secretary Read and approved this the 28th day of ATTEST: &� k� - Qd�- - `Betty 1V . lohnson,ity Secretary 190