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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/9/1997CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING January 9, 1997 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 9th day of January 1997, 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 Victor Hernandez, Councilmember T. J. Patterson, Councilmember Max Ince, Councilmember Randy Neugebauer, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell. Mayor Pro Tem Cooke called the meeting to order at 10:55 A.M. ( 1.) The Invocation was given by City Secretary Kaythie Darnell. ( 2.) Pledge of Allegiance was given in unison by those in the City Council Chambers. ( 3.) Presentation of Certificate of Achievement for Excellence in Financial Reporting for the Fiscal Year Ending September 30, 1995. The City of Lubbock's Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ending September 30, 1995 has been awarded the GFOA Certificate of Achievement for Excellence in Financial Reporting for the last twelve consecutive years (fiscal years ended 1984-1995). The Certificate of Achievement is a prestigious national award recognizing conformance with the highest standards for preparation of state and local government financial reports. In order to be awarded a Certificate of Achievement, a governmental unit must publish an easily readable and efficiently organized CAFR, whose contents conform to program standards. The CAFR must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only and must be earned each year. Anna Mosqueda, will introduce the individual who will be presenting on behalf of GFOA. After brief comments regarding the award and its significance, the GFOA representative will present the award to Acting Mayor Ty Cooke who will accept on behalf of the City of Lubbock. (5.) Ordinance No. 9960--Zone Case No. 2786 (north of 34th Street and east of Avenue D)--Request of J.G.Wilkerson for a zoning change from R-3 to M-1 on 3.943 acres of land out of Section 7, Block B. City Council Minutes January 9, 1997 Page 2 ORDINANCE NO.9960 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2786; A ZONING CHANGE FROM R-3 TO M-1 ZONING ON 3.943 ACRES OF LAND OUT OF SECTION 7, BLOCK B, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on second and final reading Ordinance No. 9960 as recommended by staff. Motion carried: 5Yeas; 0 Nays. ( 6.) Ordinance No. 9961--Zone Case No. 2161-F (south of 82nd Street and east of Elkridge)--Request of Don Rushing (for Lubbock Commercial Building, Inc.) for a zoning change from R-1 to GO for an office building on a 1.45 acres tract of land out of Section 13, Block E-2. ORDINANCE NO.9961 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2161-F; A ZONING CHANGE FROM R-1 TO GO ZONING FOR AN OFFICE BUILDING ON A 1.45 ACRE TRACT OF LAND OUT OF SECTION 13, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on second and final reading Ordinance No. 9961 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. ( 7.) Ordinance No. 9962--Zone Case No. 2787 (south of 19th Street and west of Alcove) --Request of Rex McFadden (for Mr. Postman, Inc.) for a zoning change from R-1 to C-4 for an office and warehouse on 5.24 acres of land out of Section 41, Block A-K. ORDINANCE NO. 9962 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2787; A ZONING CHANGE FROM R-1 TO C-4 ZONING FOR AN OFFICE AND WAREHOUSE ON 5.24 ACRES OF LAND OUT OF SECTION 41, 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 Hernandez to pass on second and final reading Ordinance No. 9962 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. 2 City Council Minutes January 9, 1997 Page 3 (8.) Ordinance No. 9963--Consolidation of the Community Development Advisory Committee and the Community Services Commission. ORDINANCE NO. 9963 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS WITH REGARD TO COMMUNITY DEVELOPMENT AND SERVICES BOARD; DEFINITION, CREATION AND OFFICIAL DESIGNATION; COMPOSITION AND APPOINTMENT AND TERMS OF MEMBERS; EX-OFFICIO MEMBERS; CHAIRMAN SECRETARY, AND RECORD OF PROCEEDINGS; POWERS AND DUTIES; MEETINGS; QUORUM AND VOTING; CONFLICT OF INTEREST; THE DELETION AND RESERVATION OF SECTIONS 2-143, 2-144, 2-145, AND 2-146; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on second and final reading Ordinance No. 9963 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (9.) Consider Resolution No. 5378 authorizing the Mayor Pro Tem to execute a Quitclaim Deed in favor of Samuel K. Collins and Katricia A. Collins (3401 40th Street). RESOLUTION NO.5378 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 Quitclaim Deed in favor of Samuel K. Collins and Katricia A.Collins, 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 9th day of January 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TETVI 3 City Council Minutes January 9, 1997 Page 4 This resolution authorizes the Mayor Pro Tern to convey a 36.80 foot wide by 132.50 foot long strip of excess Indiana Avenue right- of-way to the adjacent property owners, Samuel and Katricia Collins. The City is selling this 36.80 front foot wide strip of Indiana Avenue right-of-way to Mr. and Mrs. Collins for $5.00 per front foot or $184.00 total. Staff recommended the approval of this Quitclaim Deed. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5378 as recommended by staff. Motion Carried: 5 Yeas; 0 Nays. (10.) Consider Ordinance No. 9964 abandoning and closing a two foot underground street light cable easement located in Lot 86, Tracy Heights Addition (5514 17th Street). ORDINANCE NO. 9964 AN ORDINANCE ABANDONING AND CLOSING A TWO -FOOT UNDERGROUND STREET LIGHT CABLE EASEMENT LOCATED IN LOT 86, TRACY HEIGHTS 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 OF REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a two foot street light cable easement along the east two feet of Lot 86 Tracy Heights Addition, street address of 5514 17th Street. A new easement has been dedicated by the owners along the west two feet of Lot 86 to replace this easement being closed. The staff recommends the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 9964 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (11.) Consider Resolution No. 5379 authorizing the Mayor Pro Tem to execute a Geophysical Operation Permit with Western Geophysical (Airport). City Council Minutes January 9, 1997 Page 5 RESOLUTION NO. 5379 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 with White's Pump Service & Supply, Inc. of Lubbock, Texas, to install and furnish all materials and services as bid for the Fuel Site Compliance at various locations, attached herewith, 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. Passed by the City Council this 9th day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney The City of Lubbock has been contacted by Western Geophysical of Midland, Texas who desires to conduct a seismic survey across lands owned by the City. (NE/4 of Section 43 and N/80 acres of the NW/4 of Section 44, Block A). This land is on the east side of the airport east of the runway area on land purchased several years ago for future expansion. Western Geophysical is paying $1,000 per mile for the source line which is running east and west. Western will cross City property for approximately one and a half miles (1.5 miles), so the total consideration to be received is $1,500. The Airport Director, Mark Earle, has approved this seismic survey. The staff recommends the execution of this permit. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5379 as recommended by staff. Motion Carried: 5 Yeas; 0 Nays. (12.) Consider Resolution No. 5380 accepting paving improvements constructed by Lone Star Dirt and Paving, Inc., in Shadow Hills Villas Addition, Lots 1-41 and Tracts C-1 and C-2. 5 City Council Minutes January 9, 1997 Page 6 RESOLUTION NO. 5379 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirements provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 372-412, Revier Farm Addition, made arrangements with Williams and Peters Construction Co., Inc., for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Code prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: Juneau Avenue from the North lip line of 5th Street to the South ROW line of 4th Street, known and designated as New Subdivision Sub -Unit Number 16 of Unit Number 2037. 5th Street from 7 feet West of the West Property Line of the alley West of Ironton Avenue to 7 feet West of the West Property Line of the alley West of Juneau Avenue, known and designated as New Subdivision Sub -Unit Number 17 of Unit Number 2037. 6th Street from the East Property Line of Lot 386, Revier Farm Addition to 7 feet West of the West Property Line of the alley West of Ironton Avenue, known and designated as New Subdivision Sub -Unit Number 18 of Unit Number 2037. 7th Street from the East Property Line of Lot 381, Revier Farm Addition to 7 feet East of the East Property Line of the alley East of Justice Avenue, known and designated as New Subdivision Sub -Unit Number 19 of Unit Number 2037. WHEREAS, the construction of the above improvements on the above -mentioned avenue 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: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenue BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. Con City Council Minutes January 9, 1997 Page 7 SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 9th day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer /s/ Harold Willard Harold Willard, Assistant City Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: 2nd Street from 3rd Street to the cul-de-sac northeast of Homestead Avenue. 3rd Street from the existing paving east of Hope Avenue to the plat limit west of 2nd Street. Homestead Avenue from 3rd Street to 2nd Street. Hope Avenue from 3rd Street to 2nd Street. There is no City cost due the contractor upon this acceptance. Staff recommends acceptance of these paving improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5380 as recommended by staff. Motion Carried: 5 Yeas; 0 Nays. (13.) Consider Resolution No. 5381 accepting paving improvements constructed by Williams and Peters Construction Co., Inc., in Highland Gardens Addition, Lots 1-88. RESOLUTION NO. 5381 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: 7 City Council Minutes January 9, 1997 Page 8 WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 1-88, Highland Gardens Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Code prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: 105th Street from the West edge of paving in Indiana Avenue to the East lip line of Knoxville Avenue, known and designated as New Subdivision Sub -Unit Number 87 of Unit Number 2036. 104th Street from the East lip line of Knoxville Avenue to the center line of elbow cul-de-sac 500 feet East of Knoxville Avenue, known and designated as New Subdivision Sub -Unit Number 88 of Unit Number 2036. Joliet Avenue from the North lip line of 105th Street to the center line of elbow cul-de-sac 380 feet North of 105th Street, known and designated as New Subdivision Sub -Unit Number 89 of Unit Number 2036. Knoxville Avenue from the North ends of the alley returns North of 104th Street to the South ends of the alley returns South of 105th Street, known and designated as New Subdivision Sub -Unit Number 90 of Unit Number 2036. 105th Street from the West lip line of Knoxville Avenue to the East lip line of Lynnhaven Avenue, known and designated as New Subdivision Sub -Unit Number 91 of Unit Number 2036. Knoxville Place from the North lip line of 105th Street to the cul-de-sac 370 feet North of 105th Street, known and designated as new Subdivision Sub -Unit Number 92 of Unit Number 2036. Lynnhaven Avenue from the North ends of the alley returns North of 105th Street to the South ends of the alley returns South of 105th Street, known and designated as new Subdivision Sub -Unit Number 93 of Unit Number 2036. WHEREAS, the construction of the above improvements on the above -mentioned streets and avenues 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: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. City Council Minutes January 9, 1997 Page 9 Passed by the City Council this 9th day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, 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 This is a routine acceptance of paving improvements constructed at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: 105th Street from Indiana Avenue to Knoxville Avenue. 104th Street from Knoxville Avenue to the cul-de-sac 500 feet east of Knoxville Avenue. Joliet Avenue from 105th Street to the cul-de-sac 380 feet north of 105th Street. Knoxville Avenue from the alley north of 104th Street to the alley south of 105th Street. 105th Street from Knoxville Avenue to Lynnhaven Avenue. Knoxville Place from 105th Street to the cul-de-sac 370 feet north of 105th Street. Lynnhaven Avenue from the alley north of 105th Street to the alley south of 105th Street. There is no City cost due the contractor upon this acceptance. Staff recommends acceptance of these paving improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5381 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (14.) Consider Resolution No. 5382 accepting paving improvements constructed by Midwest Concrete, Inc., at the Airport Fire Station and Municipal Square. 6 City Council Minutes January 9, 1997 Page 10 RESOLUTION NO. 5382 A RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STRUCTURE AND AN ALLEY AS LISTED BELOW: WHEREAS, the City of Lubbock has heretofore entered into a Contract with Midwest Concrete, Inc. for the construction of paving improvements at the following locations: Airport Fire Station #11 and Municipal Square Alley (Building Maintenance Improvements) WHEREAS, the construction of the above improvements at the above -mentioned locations were 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 terms of said Contract, Bid No. 13548; 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 locations BE and the same are hereby accepted and the City Engineer is hereby authorized to direct the final payment to the Contractor in the amount of $4,376.38. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 9th day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This is a routine acceptance of paving improvements consisting of replacement of the floor slab at the Airport Fire Station (I I)and concrete pavement reconstruction at Municipal Square. The estimated contract was $73,436.25. The final contract amount is $74,765.63, which is over the estimated contract amount by $1,329.38 (1.8 percent). The additional cost is for an increase in 10 City Council Minutes January 9, 1997 Page 11 required joint sawing and sealing for crack control. Funding is available in the project accounts to cover the additional cost. Upon this acceptance the final payment of $4,376.38 will be due the contractor. Staff recommends acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5382 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (15.) Consider Resolution No. 5383 authorizing the Mayor Pro Tem to execute a supplemental grant agreement by and between the City of Lubbock as funded through Lubbock Power and Light and Market Lubbock, Inc. RESOLUTION NO.5383 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 Supplemental Grant Agreement, attached herewith, by and between the City of Lubbock and Market Lubbock Economic Development Corporation for economic development services, 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. Passed by the City Council this 9th day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Debra B. Forte' Debra B. Forte', Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The Texas Constitution provides as outlined in Article 3, Section 52-(a) including Section 380.002 of the Local Government Code, provisions for municipal governing bodies to establish and provide for the administration of one or more economic development programs including programs for grants of public money to 11 City Council Minutes January 9, 1997 Page 12 promote local economic development and to stimulate business and commercial activity in the municipality. The City and Market Lubbock, Inc. entered into a Grant Management Agreement on January 19, 1996. Provisions within this agreement pursuant to Section 2.03(a) allows for separate grants of funds for specific projects to Market Lubbock, Inc. The City of Lubbock as funded through Lubbock Power & Light agrees to provide as an incentive an amount of $1,000,000 to Market Lubbock, Inc. to promote local economic development and to stimulate business and commercial activity in the municipality. These funds are for the administration of one or more economic development programs, including programs for grants of public money to promote local economic development. This item was discussed during our 1996-96 budget reviews and is included in the approved budget. Staff recommends approval of this Supplemental Grant Agreement. Lubbock Power & Light has budgeted in FY 96-97 for this expenditure. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez, to authorize Resolution No. 5383 as recommended by staff. Motion carried: 5 Yeas; 0 Nays (16.) Consider Resolution No. 5384 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, HIV/AIDS Surveillance and Laboratory testing. RESOLUTION NO. 5384 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 Amendments to Contract No. 756000590697 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, HIV/AIDS Surveillance, and Laboratory services, attached herewith, by and between the City of Lubbock, and Texas Department of Health, and any associated documents, which Amendment 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. 12 City Council Minutes January 9, 1997 Page 13 Passed by the City Council this 9th day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director of Health & Community Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Copies of Contract Change Notices 01, 02, 03 and 04 to Contract 7560005906 97 with the Texas Department of Health are filed with Resolution 5384. This year's annual contract with the Texas Department of Health totals $461,965 and includes both financial and direct assistance. All programs as outlined in the contract are continuing operations from previous years. Contract distribution is as follows: Milk and Dairy Testinp: The Health Department Regional laboratory is reimbursed for laboratory analysis of milk and dairy samples at the rate of $11.00 per sample, of approximately 455 samples, for a total of $5,005. These activities include full program cost recovery and are directly related to protection of the public. Immunizations --Epidemiology: The City of Lubbock provides an immunization clinic with the fewest barriers to service. Activities include providing immunizations at the Health Department clinic; outreach activities for infants, children and high risk adults in their homes, at day care centers, health fairs and senior citizen centers; and investigation and initiation of control measures for vaccine -preventable diseases. For example, Staff scheduled fifteen clinics for the flu vaccine in the community including: Forest Heights Church, Primetime Retirement, Harwell Safety Fiesta, Plains Co -Op Mill, Skyview Neighborhood and Carlisle Neighborhood, to name a few. Salaries and fringe benefits for a registered nurse, a licensed vocational nurse and a secretary to run the program are included in the attached of $68,356. In addition to salaries, this 13 City Council Minutes January 9, 1997 Page 14 attachment provides direct assistance of vaccine, valued at $140,011. HIV Surveillance: This $35,398 supports salary and fringe benefits for the HIV/AIDS Surveillance specialist. This person does not operate a clinic; rather as a surveillance specialist, he is dedicated to investigating cases of HIV and AIDS infection in Lubbock. Regional Administrative Services: This attachment supports comprehensive public health services that are consistent with the Health Department Mission Statement. Qualifying activities include TDH general fund laboratory, S.T.D. and community education services. Efforts must also be directed at preventing heart disease and cancer. The $69,182 in financial assistance provides salaries and fringe benefits for three City employees and direct assistance equivalent to $43,440 for two State -paid employees. Their services are available at no cost to the City. Of the five employees, two work in the S.T.D. program, one works in the laboratory and one in Health Education. The fifth person is the TDH employee who manages all TDH contracts, reports, time sheets and accounting of expenditures. The Sexually Transmitted Disease Program is designed to stop the spread of disease by tracking down the partners of those diagnosed with sexually transmitted diseases and either treating them or referring them to another clinic or physician. Tuberculosis Control (attachment 06). The TB Control attachment of $20,073 provides salary, fringe benefits and travel for a health aide who follows up on all individuals tested positive for tuberculosis. The health aide's job is to ensure that clients with diagnosed, active TB take medications as prescribed. The aide goes to the infected person's home or place of employment to give them their medication, observes for patient drug reaction, monitors family members and other close contacts for TB and screens high risk populations for TB. This activity effectively limits disease spread and the development of drug resistant forms of tuberculosis. Laboratories (attachment 07). The final attachment of $80,500 consists of direct assistance in the amount of $76,000 worth of reagents and $4,500 for supplies in performing tests that support statewide programs, such as outbreak investigations and HIV/STD prevention. The Health Department is a regional laboratory that provides support for a number of clinics in Region 1. The laboratory generates revenue through Medicaid billing, which offsets some of their costs. Without the Texas Department of Health contract, fulfilling the Core Missions of Public Health --Surveillance, Health Education, Prevention services and Laboratory support --will be greatly impaired and at a much reduced level. Therefore, staff recommends approval of the resolution. IEJ City Council Minutes January 9, 1997 Page 15 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5384 as recommended by staff. Motion carried. 5 Yeas; 0 Nays. (17.) Bid 413722--Doppler Traffic Radar (Radio Shop). Decatur Electronics, Inc.--8 Ea Hand Hel Doppler Traffic Radar Units. Kustom Signals, Inc.--50 Ea Mobile Doppler Traffic Radar Unit. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays (18.) Bid #13734--Construction Equipment (Fleet Services). Western Implement Company--2 Ea 37 PTO Horsepower 4-Wheel w/Front-End Loader Tractor per Spec 900. Abilene Ag Ford New Holland, Inc.--1 Ea 70 PTO Horsepower 4- Wheel Drive w/Front-End Loader Tractor per Spec 901; 1 Ea Tractor, Backhoe w/Front End Loader, 18' Digging Depth per Spec 982. West Texas Equipment Company--1 Ea 42,500 lb. Dozer per Spec 952. Associated Supply Company, Inc.--1 Ea 73,000 lb. Excavator, 26" Digging Depth per Spec 961. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays (19.) Bid #13735--Farm Equipment (Fleet Services). Scott Tractor & Equipment Company--3 Ea Drive -On Backhoe Trailer per Spec 2935. Western Implement Company--1 Ea 155 PTO HP Tractor per Spec F81; 1 Ea Self Propelled Swather per Spec F83. Abilene Ag New Holland, Inc.--1 Ea 125 PTO HP Tractor per Spec F82; 1 Ea Hay Loafer & Stack Moving Trailer per Spec F88. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (20.) Bid #13736--Fuel Site Compliance at Various Locations, and authorize same (Emergency Management). 15 City Council Minutes January 9, 1997 Page 16 RESOLUTION NO. 5385 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 with White's Pump Service & Supply, Inc. of Lubbock, Texas, to install and furnish all materials and services as bid for the Fuel Site Compliance at various locations, attached herewith, 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. Passed by the City Council this 9th day of January 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Agent APPROVED AS TO FORM: /s/ Anita Burgess Anita Burgess, City Attorney /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 9th day of January, 1997, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Aley Ty Cooke, Mayor Pro Tem, thereunto authorized to do so, hereinafter referred to as OWNER, and WHITE'S PUMP & SUPPLY, INC. of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID # 13736 - FUEL SITE COMPLIANCE AT VARIOUS LOCATIONS - $65,167.00 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 16 City Council Minutes January 9, 1997 Page 17 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/Ken Olson Owner's Representative APPROVED AS TO FORM: /s/Don Vandiver City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/Windy Sitton MAYOR CONTRACTOR: WHITE'S PUMP SERVICE & SUPPLY, INC. By: Bill White PRINTED NAME: Bill White TITLE: President COMPLETE ADDRESS: White's Pump Service & Supply, Inc. PO Box 5126 Lubbock, Texas 79408 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5385 as recommended by staff. Motion carried; 5 Yeas; 0 Nays. (21.) Bid #13741--1997 Street Maintenance Program, and authorize same (Street Drainage). RESOLUTION NO. 5386 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 with Lipham Construction Company, Inc. of Aspermont, Texas, to install and furnish all materials and services as bid for the 1997 Street Maintenance Program, attached herewith, 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. 17 City Council Minutes January 9, 1997 Page 18 Passed by the City Council this 9th day of January 1997. /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/ Anita Burgess Anita Burgess, City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 9th day of January, 1997, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Alex Ty Cooke, Mayor Pro Tem, thereunto authorized to do so, hereinafter referred to as OWNER, and LIPHAM CONSTRUCTION COMPANY, INC. of the City of Aspermont, County of Stonewall, and the State of TExas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID # 13741 - 1997 STREET MAINTENANCE PROGRAM - $1,713,411.80 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. City Council Minutes January 9, 1997 Page 19 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/Don Jennings Owner's Representative APPROVED AS TO FORM: /s/Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ Beverly S. Lipham CITY OF LUBBOCK, TEXAS (OWNER) /s/Alex "Ty" Cooke MAYOR PRO TEM CONTRACTOR: LIPHAM CONSTRUCTION COMPANY, INC. By: J. L. Lipham PRINTED NAME: J. L. Lipham TITLE: Vice -President COMPLETE ADDRESS: Lipham Construction Company, Inc. Drawer J Aspermont, Texas 79502 Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to authorize Resolution No. 5386 recommended by staff. Motion carried: 5 Yeas; 0 Nays. (22.) Bid #13754--Chlorine and Fluoride Monitors (Water Utilities). Cobler Sales & Service, Inc.--10 Ea Chlorine Monitor/Analyzer; 4 Ea Fluoride Monitor/Analyzer. Jet Specialty--2 Ea Chlorine Gas Dectector. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve low bids meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays (23.) Bid #13755--Water Meter Register Displays (Water Utilities). Master Meter, Inc.--150 Ea Universal Remote Digital Display Register. Western Industrial Supply Company, Inc.--1 Ea Programmer. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve low bid meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays (24.) Hold a public hearing to receive input regarding the expenditure of Federal Local Law Enforcement Block Grant Funds. These funds are dedicated to enhancing technology within the Lubbock Police Department. 19 City Council Minutes January 9, 1997 Page 20 Mayor Pro Tem Cooke opened the public hearing at 11:05 a.m. Chief of Police Ken Walker made the presentation regarding the grant funds. No one spoke in opposition. Mayor Pro Tem Cooke closed the hearing at 11:07 a.m. On July 11, 1996, Council approved the Police Department applying for a Federal Local Law Enforcement Block Grant. The grant is specifically for technology and includes digital imaging, digital photography, replacing some of the department's video terminals with computer work stations, and related equipment. On September 30, 1996, the Justice Department awarded the City $277,332. The City will be required to make a ten percent match. This public hearing is one of the requirements the City must meet prior to appropriating any of the Local Law Enforcement Block Grant funds. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to accept this proposal as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (4.) Ordinance No. 9959--Authorizing the issuance of "City of Lubbock, Texas, General Obligation Refunding Bonds, Series 1997", and other related issues thereof. ORDINANCE NO.9959 AUTHORIZING ISSUANCE OF "CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 1997" AND OTHER RELATED ISSUES THEREOF. Councilmember Hernandez questioned the need for two readings for these financial concerns that demand a quick turn -around. City Attorney Anita Burgess stated that she would research the legal requirement; however a special meeting could be called to accommodate the immediacy of the issue. Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to pass on second and final reading Ordinance No. 9959 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (25.) Consider Resolution No. 5387 authorizing additional local matching funds for a portion of the proposed 82nd Street reconstruction and widening project from Frankford Avenue to U.S. 62/82 as a seven (7) lane facility, and agree to continue maintenance on the two mile portion of the roadway between Slide Road and the west City limits if added to the State Highway System. RESOLUTION NO. 5386 WHEREAS, the City of Lubbock, Texas, has requested the Texas Department of Transportation add 82nd Street from Slide Road (F.M. 1730) to U.S. Highway 62/82 to the State Highway System and to reconstruct and widen 82nd Street from Frankford Avenue to U.S. Highway 62/82 with funds provided for by the Texas Transportation Commission and the Texas Department of Transportation; and 20 City Council Minutes January 9, 1997 Page 21 WHEREAS, the above request by the City is consistent with the Lubbock Metropolitan Transportation Plan: 2015 and with a previous Resolution No. 4738 passed by the City Council on January 13, 1995; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City of Lubbock hereby reiterates its request that the Texas Department of Transportation add 82nd Street from Slide Road (F.M. 1730) to U.S. Highway 62/82 to the State Highway System and agrees to: provide an additional $137,000 to the initial $313,000 matching funds for a total of $450,000 in matching funds for reconstructing and widening of that portion of 82nd Street from Frankford Avenue to U.S. Highway 62/82 located inside the Lubbock City limits, and continue maintenance of the one (1) mile stretch of 82nd Street from Slide Road to Frankford Avenue which is not proposed to be widened and/or reconstructed and the one (1) mile stretch of 82nd Street from Frankford Avenue west to the City limits which is herein requested for widening and reconstruction, if such project is approved by the Texas Department of Transportation and the Texas Transportation Commission. SECTION 1. THAT the Council hereby directs that a copy of this Resolution be forwarded to the Texas Department of Transportation as evidence of the City's commitment to the project. Passed by the City Council this 9th day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, P.E., City Engineer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney In early 1995 Mayor Pro Tern Randy Neugebauer, Councilman Max Ince, and City Manager Bob Cass represented the City on the Metropolitan Planning Organization (MPO) Policy Advisory Committee. In a joint effort with Lubbock County, the City of Lubbock agreed to commit to a third of the 20 percent match ($313,000) and to maintenance of the one mile stretch of 82nd Street within the City limits. Lubbock County committed to two- 21 City Council Minutes January 9, 1997 Page 22 thirds of the 20 percent match. This agreement was conditional, based on two things: the State of Texas would put this stretch of road on the State Highway System, and the Texas Transportation Commission/Texas Department of Transportation approved the project. The project was submitted to the Texas Transportation Committee for funding from their Commission Strategic Priority Funds (funds above and beyond what the Lubbock District Office of TxDOT receives). A delegation appeared before the Commission on March 30, 1995. The Commission did not select the project at that time. The decision was made to continue with the project development and resubmit the project for funding at a future date. A TxDOT official indicated that having plans and estimates prepared may help with approval if funding is available. Since then, engineering plans, specifications, and estimates have been developed on this project using City and County funds designated earlier for use as the project match. The final revision to the plans is anticipated in mid -January. The funding spent on development of this project's plans and estimates will qualify toward the City and County 20 percent match. The following is a revision to the previous totals. The estimated cost of the project is $6,471,491. The cost is broken down as follows: Right of Way / Utility Relocation Construction Engineering Environmental Mitigation Total Line Item Right of Way/Utility Relocation Construction Engineering Environmental Mitigation Total Lubbock County $96,000 811.532 37.200 0 $944,732 $ 106,000 6,086,491 279,000 0 $ 6,471,491 City of Lubbock $10,000 405,766 18,600 0 S434,366 At the MPO Policy Advisory Committee meeting on December 18,1996, it was decided the project remains a priority. It was agreed that the City and County would submit documented commitment to the project, confirming the allocation of funds and agreement to continue maintenance of the roadway. The Policy Advisory Committee directed staff to resubmit a petition for project selection to the Texas Department of Transportation asking to be put on the Commission agenda for the April 24, 1997 delegation/meeting. Staff has coordinated with Lubbock County representatives in development of the petition and documentation of their commitment. 22 City Council Minutes January 9, 1997 Page 23 In January of 1995, the City of Lubbock City Council passed a resolution providing $313,000 in matching funds for the reconstruction and widening of 82nd Street from Slide Road (F.M. 1730) to U.S. Highway 62/82. Based on current cost estimates from the engineering documentation and recommendation by the Transportation Policy Committee, the staff recommends submission of a change to the project total in the form of a resolution to: increase the budget amount for matching funds by $137,000, for a total match of $450,000, using unallocated bond proceeds designated for street projects, and maintain the two mile stretch of 82nd Street in the City limits if the State of Texas would put this stretch of road on the State Highway System. (Staff currently maintain this portion of the roadway.) Larry Hertel, City Engineer, recommends approval. Councilmember Max Ince as a question if Lubbock County had agreed to maintain. Mr. Hertel responded that the County would take formal action on January 13, 1997. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize Resolution No. 5387 as recommended by staff. Motion carried: 4 Yeas; 1 Nay-- Councilmember Hernandez. (26.) Consider Resolution No. 5388 declaring a public necessity for paving improvements in a portion of an alley, and directing the City Engineer to prepare plans and specifications for such improvements. RESOLUTION NO. 5388 A RESOLUTION PROVIDING FOR IMPROVEMENTS TO PORTIONS OF AN ALLEY IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARIES OF SAID CITY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT public necessity exists that the following portions of an alley in the City of Lubbock and along the boundaries thereof be improved as herein provided, to -wit: The East-West alley between 68th Street and 69th Street from Memphis Avenue to 69th Street. SECTION 2. THAT said portions of the above -described alley shall be improved by raising, grading and filling same, and by installing a ten (10) foot wide, 5" minimum depth reinforced concrete strip in the center of the alley right-of-way. SECTION 3. THAT the City Engineer is hereby directed to prepare plans and specifications for such improvements. 23 City Council Minutes January 9, 1997 Page 24 SECTION 4. THAT such improvements in each unit shall be paid for in the following manner: (a) The abutting property and the owners thereof shall pay and shall be assessed for a part of the cost of such improvements in the following manner: All property will be assessed ninety percent (90%) of the total construction cost. Said abutting property and the owners thereof shall pay and be assessed for the cost of constructing alley paving improvements as specified above, provided, that if it shall appear at the hearing to be had before final assessment is made, that the special benefits to such property by way of enhancement value thereof by means of such improvements will not aggregate to such proportion of the cost as specified above, then there shall be assessed and be paid by such abutting property and the owners thereof a lesser amount not to exceed such special benefits. (b) The remaining cost of said improvements after deducting the sums finally assessed against abutting property and the owners thereof under subparagraph (a) above shall be paid by the City of Lubbock. SECTION 5. THAT the amounts assessed against and to be paid by the abutting property and the owners thereof shall be payable in five (5) equal installments, the first of which shall become due on or before twenty (20) days after completion and acceptance by the City Council of the improvements in the unit on which the property abuts; the second, third, fourth and fifth installments shall become due one, two, three and four years respectively after completion and acceptance by the City Council of the improvements in the unit upon which the property abuts and shall bear interest from the date of completion and acceptance until paid, at the rate of eight percent (8%) per annum on alley improvements, payable annually, with provisions that if default be made in the payment of any installment promptly as the same matures, then at the option of the holder of such assessment of certificate issued in evidence thereof, such default shall mature the entire assessment upon which same is made. SECTION 6. THAT assessments shall be made and levied, and shall be a first and prior lien and personal liability for principal, interest, reasonable attorneys' fees and costs of collection, if incurred, all under and in accordance with the Charter of the City of Lubbock and amendments thereto, now in force in this City, and in accordance with the provisions of Title 6, Subtitle E, Chapter 313 of the Texas Transportation Code. SECTION 7. THAT this Resolution shall take effect and be in force from and after its passage. 24 City Council Minutes January 9, 1997 Page 25 Passed by the City Council this 9th day of January 1997. /s/ Alex "Ty" Cooke ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This resolution is the first of five resolutions required to initiate an assessment paving program, and is in response to a petition presented by the abutting property owners requesting the construction of alley paving improvements as follows: The East-West alley between 68th Street and 69th Street from Memphis Avenue to 69th Street. The petition for this alley was signed by more than 50 percent of the abutting property owners. On assessment paving programs, the City is required by state law to participate in a minimum of 10 percent of the construction costs associated with these improvements. Larry Hertel, City Engineer, recommended approval of this resolution. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to authorize Resolution No. 5388 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (27.) Consider Ordinance No. 9965 amending Chapter 2 of the Code of Ordinances of the City of Lubbock, Texas with regard to the duties of the Park and Recreation Board pertaining to special/community events; adopting guidelines and forms for special/community events. 25 City Council Minutes January 9, 1997 Page 26 ORDINANCE NO. 9965 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE DUTIES OF THE PARK AND RECREATION BOARD PERTAINING TO SPECIAL/COMMUNITY EVENTS; ADOPTING GUIDELINES AND FORMS FOR SPECIAL/COMMUNITY EVENTS; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. At the City Council work sessions on October 17 and November 21,1996, staff presented Special Events Procedures and Guidelines as developed by the Special Events Task Force and City staff. The City Council discussed revisions and clarifications to the Special Events In -Kind Services process. The City of Lubbock Park and Recreation Board shall act as an advisory board to the City Council on special/community events and shall make recommendations to the City Council on in -kind services requests. The Park and Recreation Board shall administer the special/community events program according to the guidelines and forms approved by the City Council. The Board may make non -substantive changes to such guidelines and forms as required to expedite their work, but any such changes shall not result in an increase in revenues allotted to in -kind services. Organizations applying must be non-profit, event or activity must be held within city limits, is of limited duration and is likely to attract visitors to the city and/or add to the citizens' quality of life. (example: parade, festival) The City of Lubbock will budget $200,000 each fiscal year for city in -kind services. Budgeted funds not spent will not roll into following fiscal year. Budgeted dollars will be applied in the following manner $180,000 for all events applying by application deadline. $20,000 for new events that are scheduled within the funding fiscal year but are not planned prior to the application deadline. Application for funding is evaluated in two specific areas; Subjective benefits, Objective Benefits. The scoring system is designed to place a heavy weight on the Objective Benefit; applicants with private non -tax supported assistance. Allocation of available in -kind services will be determined on a scale of 0 to 493. Those events scoring higher will receive a higher priority in allocation of funding. The application evaluation process and recommendations on in -kind service awards are made by the Park and Recreation Board to City Council for final approval. Carolyn Aliamus-Soma recommended approval amending Chapter 2 of the Code of Ordinances of the City of Lubbock, Texas, with regard to the duties of the Park and Recreation Board pertaining to special/community events. City Manager Bob Cass recommended that some of the new members of the Board have the knowledge and expertise of special events. 26 City Council Minutes January 9, 1997 Page 27 Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 9965 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. (28.) Consider a resolution authorizing the Mayor Pro Tem to execute a resolution implementing user fees at Lake Alan Henry. This item was deleted from the agenda. (29.) Consider one appointment to the Lubbock Emergency Communication District Board of Directors. State legislation prescribes the representation of board members that govern the 911 District to be two members appointed by the most populated city, one member representing the second most populated city, one member appointed to represent the county, and one at -large member which is selected by the other appointed members. Robert Massengale is one of the two representatives for the City of Lubbock. His term expires January 1997 and is eligible to serve another two-year term. The Executive Director of the Lubbock Emergency Communication District has sent a letter to the City of Lubbock regarding this position and their recommendation to reappoint Mr. Massengale. The Appointments Advisory Board recommends the reappointment of Robert Massengale. Motion was made by Councilman Ince, seconded by Councilmember Patterson to reappoint Robert Massengale to the Lubbock Emergency Communication District Board of Directors. Motion carried: 5 Yeas; 0 Nays. (33.) Confirm reappointment of John Fanning and Don Tumlinson to the Board of Electrical Examiners. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to reappoint John Fanning and Don Tumlinson to the Board of Electrical Examiners. Motion carried: 5 Yeas; 0 Nays. (34.) Confirm appointment of Gloria Onoh and Melissa Shelton to the Board of Health. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to appoint Glorio Onoh and Melissa Shelton to the Board of Health. Motion carried: 5 Yeas; 0 Nays. (35.) Confirm appointment of Gary Greenstreet, and reappointment of James Smith to the Building Board of Appeals. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to appoint Gary Greenstreet and reappoint James Smith to the Building Board of Appeals. Motion carried: 5 Yeas; 0 Nays. (36.) Confirm appointment of Bob Jones and Harold Chatman to the Planning and Zoning Commission. 27 City Council Minutes January 9, 1997 Page 28 Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to appoint Bob Jones and Harold Chatman to the Planning and Zoning Commission. Motion carried: 5 Yeas; 0 Nays. (37.) Confirm reappointment of Joe L. Murfee, and promotion of Mike Moss to Member on the Structural Standards Commission. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to reappoint Joe L. Murfee and promote Mike Moss to Member status on the Structural Standards Commission. Motion carried: 5 Yeas; 0 Nays. (38.) Confirm reappointment of Kay Woods Brown and Anna Mosqueda to the Lubbock Arts Alliance Inc. Grants Review Committee. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to reappoint Kay Woods Brown and Anna Mosqueda to the Lubbock Arts Alliance Incorporated Grants Review Committee. Motion carried: 5 Yeas; 0 Nays. The City Council recessed at 11:33 a.m. to continue worksession and then into executive session. (30.) 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 Police). (31.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Police and Water Utilities). (32.) 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 Committee for Women Community Development and Services Advisory Board Municipal Arts Committee Park and Recreation Board Permit and License Appeal Board Public Transit Advisory Board Structural Standards Commission The City Council reconvened at 1:13 p.m. City Council Minutes January 9, 1997 Page 29 There being no further business or discussion, motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to adjourn the meeting at 1:15 P.M. Motion carried: 5 Yeas; 0 Nays. / ; / I TEST: ay V e Darnell, City Secretary Read and approved this 10th of March' 1997. TTEST: Kay ti Darnell, City Secretary ALEX "W" C•(IOKE-,-MAYOR PRO TEM KE, MAYOR PRO TE.M 29