Loading...
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. 618 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. 620 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. 624 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