HomeMy WebLinkAboutMinutes - City Council - Regular - 10/17/1996CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
October 17, 1996
10:00 A.M.
The City Council of the City of Lubbock, Texas, met in regular session on the 17th
day of October 1996, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas, at 10:00 A.M.
Present: Mayor Pro Tem Alex Cooke, Councilmember T. J. Patterson,
Councilmember Windy Sitton, Councilmember Max L. Ince, Councilmember
Randy Neugebauer, City Manager Bob Cass, City Attorney Anita Burgess, and City
Secretary Kaythie Darnell.
Absent: Councilmember Victor Hernandez.
Mayor Pro Tem Cooke called the meeting to order at 10:40 A.M.
( 1.) The Invocation was given by Rodney Plunket, Minister of
Broadway Church of Christ.
(2.) Pledge of Allegiance was given in unison by those in the
Council Chambers.
( 3.) Board Appointments
(4.) Consider Resolution No. 5319 authorizing the Mayor Pro Tem
to execute an agreement with Barbara T. McCall Associates,
Inc., for federal legislative services.
RESOLUTION NO.5319
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, attached
herewith, by and between the City of Lubbock and Barbara T. McCall Associates, Inc.
for federal legislative consulting services for the City of Lubbock, and any associated
documents, which Agreement shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
City Council Minutes
October 17, 1996
Page 618
Passed by the City Council this 17th day of October 1996.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Anna Mosqueda
Anna Mosqueda, Managing Director of
Financial Services
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
A copy of the Agreement with Barbara T. McCall Associates, Inc. is filed with
Resolution 5319.
According to staff memo, the myriad of federal legislation and
federal agency decisions make it imperative that the City of
Lubbock and its staff be apprised on a regular basis of federal
legislative activities that impact day-to-day operations. In addition
to information about federal legislative and executive action, it is
in the City's best interest to ensure that the City's position on
various issues be transmitted to both our Congressional delegation
in Washington as well as to the Administration.
As various grant opportunities become available, when it is in the
best interest of the city to do so, it is important that staff be aware
of these opportunities in order to submit applications in a timely
manner.
In order to address these needs, the City of Lubbock, along with
the Cities of Dallas, Austin, and Plano, contracts with Barbara T.
McCall Associates for jointly sponsored Washington
representation.
In the past year, benefits derived from this contract included
regular updates on federal activities pertaining to HUD and CDBG
funding freezes that allowed us to minimize the impact to the
General Fund by implementing program changes.
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City Council Minutes
October 17, 1996
Page 619
The major provisions of the annual agreement are as follows:
the consultant acts as the Washington office after consultation
with staff which determines policies and positions to be pursued
provides regular information on Washington issues/events of
interest to City
Contract costs are:
$19,420 payable on a quarterly basis $16,000 as a retainer
and $3,420 for 36 assured usage hours, plus
reimbursable costs not to exceed $5,000
optional hours over the 36 assured usage hours will be billed at
$95 per hour at City's option.
Staff recommended approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution No. 5319 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(5.) Consider Resolution No. 5320 authorizing the Mayor Pro Tem
to execute a contract for personal services with Sheila
Wuensche as Executive Assistant for the Reese Redevelopment
Project.
RESOLUTION NO. 5320
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor Pro Tempore of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of Lubbock a Personal
Services Contract with Sheila Wuensche for the services as Executive Assistant for the
Reese Redevelopment Project. Said Contract is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
619
City Council Minutes
October 17, 1996
Page 620
Passed by the City Council this 17th day of October 1996.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Bertram
Jim Bertram, Managing Director of
Strategic Planning
APPROVED AS TO FORM:
/s/ Amy L. Whitt
Amy L. Whitt, Assistant City Attorney
A copy of the Contract with Sheila Wuensche is filed with Resolution 5320.
According to staff memo, the Lubbock's approved Office of
Economic Adjustment (OEA) Grant totaling $207,003, $155,250
has been approved by OEA for initial personnel and administrative
project costs.
The Lubbock/Reese Redevelopment Committee began advertising
in July 1996 for an Executive Assistant. A Review Committee and
Interview Panel were established, and on September 19, 1996,
three finalists were interviewed. Out of that interview process,
Sheila Wuensche was selected as the Executive Assistant. The
LRRA met on October 9 to review and approve the conditions of
employment for Ms. Wuensche. These conditions have been
reviewed and she has accepted the conditions of the contract. This
position will not be an employee of the City of Lubbock, but a
position under contract for professional services. The base pay for
this position will be $25,000 annually and work related local travel
will be reimbursed at $0.31 per mile. The contract also provides
for medical insurance, dental insurance, life insurance, long-term
disability insurance, sick leave and vacation. Final approval of
providing medical and life insurance is subject to written
acceptance by the Washington National Insurance Company. This
position will not be eligible for the City's retirement plan and will
have to pay FICA withholding.
The term of this contract is for one year, subject to additional OEA
grant funds being made available. The contract is also assignable
to a Local Redevelopment Authority, if and when one is officially
established as a corporate entity.
Staff recommended approval of this resolution.
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City Council Minutes
October 17, 1996
Page 621
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution No. 5320 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(6.) Consider Resolution No. 5321 authorizing the Mayor Pro Tem
to execute a contract for personal services with Jerry Millsaps
as Property & Leasing Manager for the Reese Redevelopment
Project.
RESOLUTION NO. 5321
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor Pro Tempore of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of Lubbock a Personal
Services Contract with Jerry Millsaps for the services as Property & Leasing Manager for
the Reese Redevelopment Project. Said Contract 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 17th day of October 1996.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Bertram
Jim Bertram, Managing Director
Strategic Planning
APPROVED AS TO FORM:
/s/ Amy L. Whitt
Amy L. Whitt, Assistant City Attorney
A copy of the Contract with Jerry Millsaps is fled with Resolution 5321.
According to staff memo, the Lubbock's approved Office of
Economic Adjustment (OEA) Grant for $207,003, $155,250 has
been approved by OEA for initial personnel and administrative
project costs.
621
City Council Minutes
October 17, 1996
Page 622
The Lubbock/Reese Redevelopment Committee began advertising
in July 1996 for a Property & Leasing Manager position. A
Review Committee and Interview Panel were established, and on
September 20, 1996, three finalists were interviewed. Out of that
interview process, Jerry Millsaps was selected as the Property &
Leasing Manager. The LRRA met on October 9, to review and
approve the conditions of employment for Mr. Millsaps. These
conditions have been reviewed with him and he has accepted the
conditions of the contract. This position will not be an employee
of the City of Lubbock, but a position under contract for
professional services. The base pay for this position will be
$33,500 annually and work related local travel will be reimbursed
at $0.31 per mile. The contract also provides for medical
insurance, dental insurance, life insurance, long-term disability
insurance, sick leave, and vacation. Final approval of providing
medical and life insurance is subject to written acceptance by the
Washington National Insurance Company. This position will not
be eligible for the City's retirement plan and the individual will
have to pay FICA withholding.
The term of this contract is for one year, subject to additional OEA
grant funds being made available. The contract is also assignable
to a Local Redevelopment Authority, if and when one is officially
established as a corporate entity.
Staff recommended approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution No. 5321 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
( 7.) Consider Resolution No. 5322 authorizing the Mayor Pro Tem
to execute a lease agreement with Continental Airlines at the
airport.
RESOLUTION NO. 5322
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 Airline Lease
Agreement, attached herewith, by and between the City of Lubbock and Continental
Airlines, and any associated documents, which Agreement shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
622
City Council Minutes
October 17, 1996
Page 623
Passed by the City Council this 17th day of October 1996.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark N. Earle
Mark N. Earle, Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising
Attorney/Office Practice Section
A copy of the Contract with Continental Airlines, Inc. is filed with Resolution 5322.
According to staff memo, Continental Airlines began operations at
Lubbock International Airport on June 6, 1996. Since that date
they have been operating under a letter of agreement while
reviewing the standardized airline lease agreement that has been
signed by our other airline tenants. Originally approved by
Council in June 1989, this agreement sets out the rates and charges
for the commercial carriers. It runs through September 30, 1999.
Following the review, Continental has agreed to sign the
agreement with some minor changes. The City Attorney and the
Department of Aviation have reviewed the proposed changes and
agree that they do not materially alter the terms of the standard
agreement and are therefore acceptable.
It is estimated that annual proceeds under the agreement will
exceed $300,000.
The Airport Board has reviewed and approved the agreement, and
staff recommended approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution No. 5322 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
( 8.) Consider Resolution No. 5323 authorizing the Mayor Pro Tern
to execute a Financial Assistance Award from the Economic
Development Administration to construct a rail spur at the
airport.
623
City Council Minutes
October 17, 1996
Page 624
RESOLUTION NO. 5323
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 Economic Development
Administration Financial Assistance Award and related documents with the U. S.
Department of Commerce Economic Development Administration for funding for a rail
spur at the Lubbock International Airport Industrial Park. Said Award 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 17th day of October 1996.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark N. Earle
Mark N. Earle, Director of Aviation
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda C. Chamales, Supervising
Attorney, Office Practice Section
A copy of the Economic Development Administration Financial Award with the U.S.
Department of Commerce is filed with Resolution 5323.
According to staff memo, currently, through traditional rental fees
and charges, the airport generates enough revenue to pay for the
day-to-day operation of all of its facilities. The airport does not,
however, generate enough revenue to fund on -going capital needs.
The Department of Aviation is working to increase its revenue
stream to cover these costs and to develop a reserve fund for future
development. Our goal is to make the airport completely self
sustaining so that it requires no tax support.
As a part of its revenue enhancement efforts, the Department of
Aviation is working on a master plan to develop non -aeronautical
airport land into a commercial/industrial park. Once the master
plan is completed and approved by the City Council, roadway,
signage and utility improvements will be made. The property will
then be marketed to industries that will develop facilities that are
compatible with the aviation activity at the airport.
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City Council Minutes
October 17, 1996
Page 625
A key element in the airport's emerging industrial development
plan is the addition of rail access to airport property. A funding
opportunity for this project arose at the end of FY 1995-96 when
the Economic Development Administration (EDA) announced the
availability of "year end" funding for projects in the Lubbock area.
The EDA asked the South Plains Association of Governments
(SPAG) to identify projects that would help to develop new jobs
for the region, and that could be put under grant on short notice.
The Department of Aviation submitted the rail spur project.
From a list of eight projects submitted by local organizations,
SPAG selected the rail spur project as one of the two projects that
they would support for EDA funding. A grant application was
submitted and the project was approved for funding on September
30.
The exact location and configuration of the rail spur will be
determined through the design process (also funded under this
grant). Some land acquisition will be required to complete the
project. Detailed information on location issues will be presented
to the City Council for approval at a later date.
This item involves only the acceptance of the EDA grant that will
fund 75 percent of the project. Market Lubbock, Inc., has agreed
to fund the 25 percent local share of the project. A breakdown of
the funding sources for the project is shown below:
FUNDING SOURCE % $ AMOUNT
EDA 75% $ 1,271,250
Market Lubbock Inc. 25% $ 423,750
Total 100% $ 1,695,000
In accordance with EDA guidelines, this grant must be accepted by
October 19.
The Airport Board has reviewed the grant offer and recommended
acceptance. Staff recommended approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution No. 5323 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(9.) Consider Resolution No. 5324 authorizing the Mayor Pro Tem
to approve an application for a State administered federally
financed holiday driving while intoxicated selective traffic
enforcement grant (D.W.I. Step).
625
City Council Minutes
October 17, 1996
Page 626
RESOLUTION NO. 5324
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, between
the City of Lubbock and the State of Texas, for the Texas Highway Traffic Safety
Program, attached hereto, which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this 17th day of October 1996.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Daniel T. Saluri
Daniel T. Saluri, Assistant City Attorney
A copy of the Texas Highway Traffic Safety Program Grant Agreement is filed with
Resolution 5324.
According to staff memo, this is a grant program utilizing off duty
personnel working overtime to enhance the detection and
apprehension of drunk drivers.
Awards for this grant have been set beginning with the first
approved holiday period, October 28-31, 1996, upon approval of
the City Council. The first year of the grant, the City funded 100
percent; the second year the City funded 75 percent. This year it is
a 50 percent-50 percent funded grant in the amount of $8,000 to be
administered during FY 1996-97. The City's portion is $4,000.
Staff recommended approval of this resolution.
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution No. 5324 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
626
City Council Minutes
October 17, 1996
Page 627
(10.) Consider a resolution authorizing the Mayor Pro Tem to
execute a contract with the Texas Department of Health to
provide preventive, health promotion and direct services in the
areas of Epidemiology, Immunizations, Tuberculosis Control,
Milk and Dairy Testing, Sexually Transmitted Diseases,
Cancer Prevention Activities and HIV/AIDS Surveillance.
This item was deleted from the agenda.
(11.) Bid #13683--Rodgers Community Center Renovations, and
authorize same (Park Development).
RESOLUTION NO.5325
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, attached
herewith, by and between the City of Lubbock and Pharr & Company, of Lubbock,
Texas, to install and furnish all materials and services as bid for the Rodgers
Community Center Renovations, and any associated documents, which Contract 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.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 17th day of October, 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 PHARR & COMPANY of the City of Lubbock, County of Lubbock,
and the State of Texas, herein termed CONTRACTOR.
627
City Council Minutes
October 17, 1996
Page 628
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID 4 13683 - ARNETT-BENSON COMMUNITY SUPERCENTER RENOVATIONS -
$241,887.00
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 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 bid 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/ Kaythie Darnell
Secretary
APPROVED AS TO CONTENT:
/s/ Craig Wuensche
Owner's Representative
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
ATTEST:
Corporate Secretary
/s/ Jackie Miller
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Alex "Ty" Cooke
MAYOR PRO TEM
CONTRACTOR:
PHARR & COMPANY
By: John K. Pharr
PRINTED NAME: John K. Pharr
TITLE:Vice-President
COMPLETE ADDRESS:
Pharr & Company
PO Box 1791
Lubbock, Texas 79408
Motion was made by Councilmember Patterson, seconded by
Councilmember Sitton to authorize Resolution No. 5325 as
recommended by staff. Motion carried: 5 Yeas; 0 Nays.
(12.) Hold an executive session, in accordance with V.T.C.A.
Government Code, Section 551.074(a)(1), to discuss personnel
matters (City Manager, City Secretary and Fire Chief).
628
City Council Minutes
October 17, 1996
Page 629
(13.) 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).
(15.) 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
Building Board of Appeals
Planning and Zoning Commission
Urban Design & Historic Preservation Commission
(14.) Take appropriate action to confirm appointment of a Fire
Chief.
RESOLUTION NO. 5326
WHEREAS, Section 143.013 of the Local Government Code requires
appointment of the head of a civil service department of a municipality to be made by the
municipality's chief executive and confirmed by the municipality's governing body; and
WHEREAS, the City Manager of the City of Lubbock has appointed a fire chief
for the City of Lubbock to fill the vacancy created by the retirement of Chief Don
Stevens; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby confirms the appointment
of Steven Hailey as fire chief of the City of Lubbock.
Passed by the City Council this 17th day of October 1996.
/s/ Alex "Ty" Cooke
ALEX "TY" COOKE, MAYOR PRO TEM
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant City
Attorney
Motion was made by Councilmember Neugebauer, seconded by
Councilmember Patterson to authorize Resolution No. 5326
naming Steve Hailey as the new Fire Chief as recommended by
staff. Motion carried: 5 Yeas; 0 Nays.
629
City Council Minutes
October 17, 1996
Page 630
There being no further business to come before Council, motion was made by
Councilmember Patterson, seconded by Councilmember Ince to adjourn thme ing at
10:48 a.m. Motion carried: 5 Yeas; 0 Nays.
MAYOR PRO TEM
A TEST:
ayth d
Darnell, City Secretary
Read and approved this 10th of March 1997.
ATTEST:
h-jjx�-
Kaythie rnell, City Secretary
630