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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/13/1997CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING March 13, 1997 10:00 A.M. The City Council of the City of Lubbock, Texas, met in regular session on the 13th day of March 1997, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 8:00 A.M. Present: Mayor Windy Sitton, Mayor Pro Tem Alex Cooke, Councilmember Victor Hernandez, Councilmember T. J. Patterson, Councilmember David Nelson, Councilmember Max Ince, Councilmember Randy Neugebauer, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell. 8:00 A.M. CITY COUNCIL CONVENES City Council Chambers, 1625 13th Street, Lubbock, Texas 8:03 A.M. CITY COUNCIL RECESSES TO EXECUTIVE SESSION City Council/City Manager's Conference Room ( 1.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Manager and City Secretary). ( 2.) Hold an executive session, in accordance with V.T.C.A. Government Code, Section 551.071(a)(1), to discuss pending or contemplated litigation (Police Department, Solid Waste and Water Utilities). 9:30 A.M. WORK SESSION CONVENES Committee Room 103 (3•) Discuss regular agenda items. (4•) Presentation on revised guidelines for Lubbock Arts Alliance/City of Lubbock Grants Program. (5•) Discuss 1997-1998 Budget Calendar. (6.) Summary of Sidewalk Program in the City of Lubbock and recommendations for City Council consideration. 10:50 A.M. CITY COUNCIL REGULAR MEETING RECONVENES City Council Chambers Mayor Sitton called the meeting to order at 10:50 A.M. (7.) The Invocation was given by Dick McCreight, Pastor, New Life Family Center. (8.) Pledge of Allegiance was given in unison by those in the City Council Chambers. City Council Minutes March 13, 1997 Page 124 (10.) The Mayor presented a Proclamation to the ABC PRO Rodeo. The Downtown Chapter of the American Business Clubs held the 55th Annual ABC PRO Rodeo on March 27-29. Throughout the 55 years of the rodeo, proceeds raised have gone to the Boys and Girls Clubs of Lubbock as well as other local charities. Downtown AMBUCS have individually contributed over $1 million to the Boys and Girls Club of Lubbock. AMBUCS also provides scholarships for individuals pursuing a career as physical, speech, occupational and recreational therapists. Mayor Sitton presented the proclamation to Ray Short. (10A.) The Mayor presented special recognition to Epsilon Phi Chapter of Kappa Sigma Fraternity. The Kappa Sigma Fraternity ranked second academically in composition. As young men were able to say no to drug activity, the young adults acquire financial responsibility as well as strong decision making skills. Mayor Sitton presented the special recognition certificate to Bob Thompson. ( 9.) Citizen Comments Margie Jefferson spoke before the council stating that being positive does not mean being silent. Old ways and procedure are out. She emphasized that taking dollars and not returning dollars is a bad image. Cecil Puryear remarked that 30 million dollars should have gone back to the taxpayers. He feels things are too loose and that City Hall has a tendency to corrupt folks. He encouraged everyone to play by the rules. Maggie Trejo informed council that street sweeping requires a telephone request and that grass grows in the street in her area. She understood the cost of sweeping. Ms. Trejo pleaded with the council to seriously consider the sidewalk project. Mr. Chatman stated that the city audit had proven there was no wrong doing and the issue should be dropped. The sidewalk program is a benefit. Mikel Ward expanded on perks, principles, and priority. She made the comparison to Gramm's Dickey Flatt Process. She stated also that the budget was up 27% in the last 5 years. Mayor Sitton responded to Ms. Ward's remarks stating that she works 12-16 hours a day for the city and wants the best for the city. She has principles and the priorities vary from one to another. 124 City Council Minutes March 13, 1997 Page 125 Josh Brockenbeck came forth with a complaint against the municipal court judge. Council Neugebauer informed Mr. Brockenbeck that the municipal court judge is an elected position and that council does not have any jurisdiction. Bob Cass said they will pass comments to the judge and asked Mr. Brockenbeck to leave his name and phone number. Councilmember David Nelson gave Top 10 Reasons to Say Yes to Lubbock. Bob Cass advised Mayor Sitton that there was a tie bid on Bid #97034, office furniture. Mayor Sitton drew from an envelope containing the name of the two bidders. Hesters/McGlaun Office Center was drawn. Item # 15 was pulled from the Consent Agenda (11.) Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Cooke to approve the minutes of the February 27, 1997 Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. (12.) Ordinance No. 9975--Zone Case No. 2453-A (2668 34th Street)- -Request of W.L. Roberts (for Independent Tire and Auto Service) for zoning change from C-3 to C-4 Specific Use limited to a public repair garage (automotive) and all C-3 permitted uses on Lot 13 and the west 22 feet of Lot 14, Block 5, College View Addition, and to consider ordinance. ORDINANCE NO. 9975 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2453-A; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE ZONING FOR A PUBLIC REPAIR GARAGE (AUTOMOTIVE) ON LOT 13 AND THE WEST 22 FEET OF LOT 14, BLOCK 5, COLLEGE VIEW ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to pass on second and final reading Ordinance No. 9975 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (13.) Ordinance No. 9976--Abandon and close portions of two drainage easements located in Section 4, Block E, Lubbock County, Texas (7301 Avenue S). ORDINANCE NO. 9976 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF TWO DRAINAGE EASEMENTS LOCATED IN SECTION 4, BLOCK E, LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE, DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 125 City Council Minutes March 13, 1997 Page126 Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to pass on second and final reading Ordinance No. 9976 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (14.) Ordinance No. 9977--Amend Ordinance No. 9971 by correcting a typographical error and adding to the definition of "telecommunications service." ORDINANCE NO.9977 AN ORDINANCE AMENDING ORDINANCE NO. 9971 OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO TELECOMMUNICATIONS FRANCHISING AND CORRECTING A TYPOGRAPHICAL ERROR; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to pass on second and final reading Ordinance No. 9977 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (15.) Ordinance No. 9978--Grant Southwestern Bell Telephone Company a franchise authorizing and governing the use of city property and public rights -of -way to provide telecommunication services within the City of Lubbock. This item was deleted from the consent agenda. (16.) Consider Ordinance No. 9979 abandoning and closing a portion of 82nd Street located in Section 13, Block E-2, Lubbock County (3001 82nd Street). ORDINANCE NO. 9979 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 82ND STREET LOCATED IN SECTION 13, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. According to staff memo, this ordinance abandons and closes a 1,306.8 square foot street stub area on the south side of 82nd Street where Elgin Avenue would intersect. This street stub area is being closed for replatting into a commercial lot. This street stub was platted several years ago for Elgin Avenue and will not be needed. This area will be sold to the abutting land owner, Lubbock Commercial Buildings. This land is valued at 150 per square foot taken from abutting land values. The amount due the City will be $196.02. Staff recommended the first reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to pass on first reading Ordinance No. 9979 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 126 City Council Minutes March 13, 1997 Page127 (17.) Consider Resolution No. 5431 accepting paving improvements constructed by Williams and Peters Construction Co., Inc., in Revier Farm Addition, Lots 372-412. RESOLUTION NO.5431 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of 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 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. 127 City Council Minutes March 13, 1997 Page128 Passed by the City Council this 13th day of March 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR 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 According to staff memo, this is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving, curb and gutter. There is no City cost due the contractor upon this acceptance. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to authorize Resolution No. 5431 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (1g.) Consider Resolution No. 5432 accepting paving improvements constructed by Hub City Pavers, Inc., in Park Lorraine Village Addition, Lots 1-14. RESOLUTION NO.5432 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 1-14, Park Lorraine Village Addition, made arrangements with Hub City Pavers, 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 street: 35th Street from the East lip line of Ironton Avenue to the East end of the cul-de-sac 335 feet East of Ironton Avenue, known and designated as New Subdivision Sub -Unit Number 50 of Unit Number 2037. 128 City Council Minutes March 13, 1997 Page129 WHEREAS, the construction of the above improvements on the above -mentioned street 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 street 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. Passed by the City Council this 13th day of March 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR 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 According to staff memo, 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 35th Street from Ironton Avenue to the cul-de-sac east of Ironton Avenue. There is no City cost due the contractor upon this acceptance. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to authorize Resolution No. 5432 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (19.) Consider Resolution No. 5433 accepting paving improvements constructed by West Texas Paving, Inc. in Santa Fe Park Addition, Lots 14 and 15. 129 City Council Minutes March 13, 1997 Page 130 RESOLUTION NO.5433 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF A STREET AND AN AVENUE AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 14 and 15, Santa Fe Park Addition, made arrangements with West Texas Paving, 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 street and avenue: 43rd Street from the East lip line of Milwaukee Avenue to the West End of Radius of Ironton Avenue, known and designated as New Subdivision Sub -Unit Number 64 of Unit Number 2036. The East half of Milwaukee Avenue, curb and gutter and drainage channel only, from the alley return South of 38th Street and the North ROW line of SP and SF Railroad, known and designated as New Subdivision Sub -Unit Number 63 of Unit Number 2036. WHEREAS, the construction of the above improvements on the above -mentioned street and 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 street 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. 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 13th day of March 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR 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 130 City Council Minutes March 13, 1997 Page 131 According to staff memo, this is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving, curb and gutter. There is no City cost due the contractor upon this acceptance. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to authorize Resolution No. 5433 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (20.) Consider Resolution No. 5434 authorizing the Mayor to execute an Amendment to Contract No. 517-XXF-6016 with the Texas Department of Transportation for operating assistance. RESOLUTION NO. 5434 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 Amendment No. 1 to Contract No. 517-XXF-6016 between the City of Lubbock and the Texas Department of Transportation, 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 13th day of March 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox, Director of Transportation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of Amendment to Contract is filed with Resolution 5434. 131 City Council Minutes March 13, 1997 Page 132 According to staff memo, the Texas Department of Transportation (TxDOT) is allocating $663,712 of public transportation funds to the City of Lubbock for operating assistance to maintain its public transportation system (Citibus). This amends the original contract by increasing the allocation of funds by $232,895. These funds will help offset the loss of Federal Operating Assistance. The amendment becomes effective on the final date of execution by the State's Director of Public Transportation and shall terminate on August 31, 1997. By accepting this amendment, the City of Lubbock is not obligated to allocate further funding during this fiscal year. Citibus recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to authorize Resolution No. 5434 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (21.) Consider the price and condition of sale of Parcel Numbers 15760-17-180, 190 & 120 at 2624, 2626 and 2630 Fir Avenue in the Chatman Hill Addition. According to staff memo, this is a proposed sale of property by the Urban Renewal Agency to the Community Housing Resource Board (CHRB), a non-profit organization, for $1,200 at $400 per lot. These properties are to be redeveloped with three 1,192 square foot single-family residences valued at $46,000 each. The land is properly zoned. These lots are on the west side bordering the environmental concern area south of East 26th Street, north of Coronado Drive between Globe Avenue and Southeast Drive. CHRB has been informed of these environmental concerns. Information on other Urban Renewal lots has been made available. These lots are on the same blocks as two recently built homes and are one block east of the Chatman Memorial Center, Inc.'s project where two out of seven proposed homes have been completed. The Urban Renewal Board of Commissioners has recommended that any bid received in this area be reviewed on a case -by -case basis. On February 26, 1997, the Urban Renewal Board of Commissioners recommended that this proposal be accepted and approved subject to City Council approval. Staff recommended approval. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to authorize the sale of the parcels as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (22•) Consider Resolution No. 5435 authorizing strip paving to be done in the Skyview Addition. 132 City Council Minutes March 13, 1997 Page 133 RESOLUTION NO.5435 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 Resolution authorizing strip paving to be done in the Skyview Addition. Said Resolution shall be included in the minutes of the Council. Passed by the City Council this 13th day of March 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director of Health and Community Services APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney According to staff memo, funding for this project was approved by the City Council in May 1995 as part of the Community Development Block Grant proposed projects. The $300,000 project called for paving in the areas of Arnett Benson, Harwell, and Skyview. With all infrastructure projects, Street/Drainage Engineering prepares the specifications for bidding and construction. They have noted an area of concern which requires Council consideration. The City code requires street paving to include curb and gutter, with a provision for the City Council to approve strip paving if it is determined to be appropriate for site conditions. The Skyview Addition has strip paving with ditches for drainage. Combining curb and gutter paving in this area creates drainage problems where gutter flowlines tie into ditch flowlines. Additionally, there is a concern on some right-of-way within the Skyview Addition which may require the identification of other paving in other eligible areas. Staff recommends continuing with the strip paving in the Skyview neighborhood to avoid future drainage problems. Additionally, staff also recommended that any savings in costs be used toward paving in other eligible areas as identified by the staff. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to authorize Resolution No. 5435 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 133 City Council Minutes March 13, 1997 Page 134 (23.) Consider Resolution No. 5436 authorizing the City Manager to execute Community Development Microenterprise Loan agreements for economic development of $15,000 or less on behalf of the City of Lubbock. RESOLUTION NO.5436 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Community Development Microenterprise Loan agreements in substantially the same form as attached hereto for economic development of $15,000 or less on behalf of the City of Lubbock. Said Forms are 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 13th day of March 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director of Health and Community Services APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney According to staff memo, in November 1996 the City Council amended the Community Development's Microenterprise Loan Program funding to $150,000. Federal regulation allow for loans up to $15,000 to each qualified small business. Criteria for the evaluation and selection of economic development projects are set in federal guidelines. In the evaluation of project costs and financial requirements, also referred to as underwriting guidelines, staff must ensure that project costs are reasonable, that all sources of project financing are committed, that CDBG funds are not substituted for non -Federal financial support, that the project is financially feasible, that the return on the owner's equity investment will not be unreasonably high, and that CDBG funds are disbursed on a pro -rated basis with other finances provided to the project. 134 City Council Minutes March 13, 1997 Page 135 Public benefit standards include the creation or retention of at least one full-time equivalent permanent job per $35,000 of CDBG funds used or the provision of goods or services to residents of an area such that the number of low and moderate income persons residing in the areas served by the assisted businesses amounts to at least one low -moderate -income person per $350 of CDBG funds used. The Community Development/Housing Department has developed a program which follows the above -mentioned guidelines and which will work with existing economic development entities to solicit applicants for this program. Staff will continue to utilize a loan review committee made up of private bankers, representatives from other economic development entities, and staff to make decisions on the necessity and appropriateness of community development funding on all requests. The business will be monitored for job creation and long-term growth. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Cooke to authorize Resolution No. 5436 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (24.) Consider Resolution No. 5437 authorizing the Mayor to execute a contract with David M. Griffith & Associates, Ltd., to provide professional services for the purpose of auditing franchise fee payments. RESOLUTION NO.5437 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 to provide Franchise Fee Compliance Audit Services, attached herewith, by and between the City of Lubbock and David M. Griffith & Associates, Ltd., 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. 135 City Council Minutes March 13, 1997 Page 136 Passed by the City Council this 13th day of March 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mendell Schelin Mendell Schelin, Internal Auditor APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of Consultant Contract is filed with Resolution 5437. According to staff memo, the City Council has granted Energas and Southwestern Public Service the right to do business within the City. In exchange for these franchises, both Energas and Southwestern Public Service pay a fee equal to three percent of their gross annual revenues. Because the fees paid are significant, staff believes that from time to time it is prudent to review the franchisees' books and records as allowed by the franchise agreements. Such an audit would test the compliance with the terms of the franchise contracts and ensure that all fees due for the use of public rights -of -way are being paid to the City. Franchise fees collected from Southwestern Public Service and Energas over the past four years are as follows: YE9/30/XX SPS Energas 1993 $1,502,194.57 $1,045,266.50 1994 1,577,604.08 1,048,491.54 1995 1,557,906.97 933,052.28 1996 1,598,624.53 1,256,117.94 Totals $6,236.330.15 $3,919.766.71 The City's Internal Audit staff has extensive audit experience. However, the auditing of utility franchise agreements requires specialized experience and expertise. David M. Griffith and Associates (DMG) has a staff of professionals with more than thirty years of experience in dealing with municipal franchise 136 City Council Minutes March 13, 1997 Page 137 matters including litigating, negotiating and auditing franchise agreements. DMG has agreed to perform the audits on a contingent fee basis. The proposed fee arrangement would have the City split with DMG on a fifty-fifty basis any additional amounts of franchise fees collected subject to a cap of $250,000 per franchisee audited. The City would also reimburse DMG their actual travel and per diem expenses up to $2,500 per franchisee audited. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Cooke to authorize Resolution No. 5437 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (25.) Consider Resolution No. 5438 stating the intent to pave portions of streets and alleys on an assessment program. RESOLUTION NO. 5438 1995 ASSESSMENT PAVING PROGRAM WHEREAS, the City Council of the City of Lubbock by Resolution Nos. 5023 and 5388 passed on November 9, 1995, and January 9, 1997, respectively, in regular session of said City Council, declared a necessity for and ordered the improvement of those certain highways, streets, avenues and alleys or portions thereof in the City of Lubbock, Lubbock County, Texas, as more particularly described hereafter, by excavating, grading and paving the same, and by the construction of drainage facilities therein, and by the construction of curbs and gutters wherein curbs and gutters are not now in place, and directed the City Engineer to prepare plans and specifications for said improvements; and WHEREAS, the plans and specifications for the improvements of said highways, streets, avenues, and alleys have now been duly approved by the City Council of the City of Lubbock, Lubbock County, Texas; and WHEREAS, it appears to the City Council of the City of Lubbock, Lubbock County, Texas, to be necessary and in the public interest to make the improvements herein designated on those certain highways, streets, avenues and alleys or portions thereof, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT improving the hereinafter described highways, streets, avenues and alleys or portions thereof located within the City of Lubbock by excavating, grading and paving the surface thereof and the construction of drainage facilities therein, as well as the necessary curbs and gutters, which are not now in place, is hereby found to be a necessity. SECTION 2. THAT the cost of making such improvements shall be partly paid for by the City of Lubbock and partly by the owners of property abutting upon the hereinafter described highways, streets, avenues and alleys or portions thereof which are hereby ordered to be improved, and the cost to be paid by the owners shall be a personal liability and charge against the true owners of such property after public hearing, all in accordance with and as required by Title 6, Subtitle E, Chapter 313 of the Texas Transportation Code. 137 City Council Minutes March 13, 1997 Page 138 SECTION 3. THAT the portions of highways, streets, avenues and alleys which are to be improved and the abutting property proposed to be assessed for said improvements designated and defined by Unit and Sub -Unit are as follows: UNIT AND SUB -UNIT ALLEYS (10' WIDE) A-461-72 The East-West alley between 68th Street and 69th Street from Memphis Avenue to 69th Street. UNIT AND SUB -UNIT 2240-90 2241-8 2242-4 STREETS AND AVENUES 26th Street from LaSalle Avenue to Kewanee Avenue. 66th Street from Frankford Avenue to Iola Avenue. Frankford Avenue from Spur 327 to 50th Street. SECTION 4. THAT the City Secretary be and is hereby authorized and directed to prepare a certified copy of this Resolution and to record or cause the same to be recorded in the Real Property Records of Lubbock County, Texas. SECTION 5. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 13th day of March 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertell, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney According to staff memo, this is the third of five resolutions associated with an assessment program for the construction of paving improvements. 138 City Council Minutes March 13, 1997 Page 139 This resolution will be filed in the Real Property Records of Lubbock County, and serves to notify anyone doing title research that an assessment on the affected properties is in progress. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to authorize Resolution No. 5438 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (26.) Consider Resolution No. 5439 directing the City Engineer to prepare and file estimates and assessment rolls for paving improvements to be included in an assessment program. RESOLUTION NO.5439 A RESOLUTION DIRECTING THE CITY ENGINEER TO PREPARE AND FILE ESTIMATES, ROLLS, ETC. IN CONNECTION WITH THE PROPOSED 1995 ASSESSMENT PAVING IMPROVEMENTS ON PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN AND ALONG THE BOUNDARIES OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the governing body of the City of Lubbock has heretofore ordered and provided for the improvement of portions of sundry streets, highways, avenues and/or alleys in and along the boundaries of the City as designated below: UNIT AND SUB -UNIT ALLEYS (10' WIDE) A-461-72 The East-West alley between 68th Street and 69th Street from Memphis Avenue to 69th Street. UNIT AND SUB -UNIT 2240-90 2241-8 2242-4 STREETS AND AVENUES 26th Street from LaSalle Avenue to Kewanee Avenue. 66th Street from Frankford Avenue to Iola Avenue. Frankford Avenue from Spur 327 to 50th Street. WHEREAS, it is proposed to make and levy assessments against abutting property and the owners thereof and others for a portion of the cost of such improvements; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Engineer of the City BE and he is hereby directed to prepare and file with the City estimates showing the cost of improvements in each Unit, showing the description of the property abutting upon each unit with the names of the owners of such property and the amounts proposed to be assessed against each parcel of property, showing other matters and things, it being specially provided, however, that any mistake in such estimates or in amounts and in the descriptions of property or names of owners shall in no way affect, invalidate or impair any assessment which may levied. 139 City Council Minutes March 13, 1997 Page 140 SECTION 2. THAT such estimates, rolls and statements shall show all information required to be shown thereon by the proceedings of the City relating to such improvements and the laws and charter currently in force for the City, and by the provisions of Title 6, Subtitle E, Chapter 313 of the Texas Transportation Code. SECTION 3. THAT this Resolution shall take effect and be in force from and after its passage. Passed by the City Council this 13th day of March 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR 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 According to staff memo, this is the fourth of five resolutions associated with an assessment program for the construction of paving improvements. This resolution directs the City Engineer to prepare assessment rolls to include affected property descriptions, owners, and proposed assessment rates. Staff recommended the approval of this resolution. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to authorize Resolution No. 5439 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (27.) BID #97027--Water Tanker (Fleet Services). West Texas Equipment, L.P.--Total bid. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Cooke to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 140 City Council Minutes March 13, 1997 Page 141 (28.) BID #97028--Traffic Signal Cabinet & Controller (Traffic). Traffic Engineering & Controls, Inc. --Total bid. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (29.) BID #97030--Arnett Benson Senior Center Roof Replacement, and authorize same (Culture & Leisure Services). RESOLUTION NO.5440 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 Lydick -Hooks Roofing Company, of Lubbock, Texas, to install and furnish all materials and services as bid for the Arnett Benson Senior Center Roof Replacement, 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 13th day of March 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ 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 13th day of March, 1997, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Lydick -Hooks Roofing Company of Lubbock, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. 141 City Council Minutes March 13, 1997 Page 142 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 #97030 - ARNETT BENSON SENIOR CENTER ROOF REPLACEMENT - $27,797.00 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/ Gary Smith Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver First Assistant City Attorney ATTEST: Corporate Secretary /s/ Rita Wheeler CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Lydick -Hooks Roofing Company of Lubbock, Inc. By: /s/ Ralph N. Hooks, Jr. PRINTED NAME: Ralph N. Hooks, Jr. TITLE: President COMPLETE ADDRESS: Lydick -Hooks Roofing Company of Lubbock, Inc. P. O. Box 2605 Lubbock, Texas 79408 Lydick Hooks Roofing Company of Lubbock, Inc., Lubbock, Texas. 142 City Council Minutes March 13, 1997 Page 143 Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to authorize RESOLUTION NO. 5440 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (30.) BID #97033--Plant Material - Six Month Pricing (Parks & Recreation). Jenco Wholesale Nurseries-40 Ea Bald Cypress; 40 Ea Globe Willow; 15 Ea Hackberry; 7 Ea Cedar Elm; 20 Ea Texas/Red Oak/Shumard Oak; 15 Ea Western Soapberry; 10 Ea Eastern Red Cedar; 40 Ea Keteleeri Juniper. Tom's Tree Place-40 Ea Freemont Cottonwood; 15 Ea Lacebark Elm; 20 Ea Aristocrat Pear; 3 Ea Bradford Pear; 20 Ea Texas Redbud; 15 Ea Washington Hawthorn; 10 Ea Choctaw. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Cooke to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (31.) BID #97034--Office Furniture - Annual Pricing (Various Departments). Hesters/McGlaun--Total bid. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (32.) BID #97035--Parking Control & Off Road Flatbed Vehicle (Fleet Services). Associated Supply Company, Inc.--2 Ea Parking Control Vehicle per Spec #205; 1 Ea Off Road Full Ton Flat Bed Vehicle per Spec #324. White Bear Sales, Inc.--1 Ea Parking Control Vehicle per Spec #206. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (33.) BID #97036--Landfill Compactor Emergency Repair (Fleet Services). West Texas Equipment --Total bid. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 143 City Council Minutes March 13, 1997 Page 144 (34.) BID #97038--Lubbock Municipal Coliseum Exit Door Installation, and authorize same (Facilities Management). RESOLUTION NO. 5441 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 Lubbock Building Services, Inc., of Lubbock, Texas, to install and furnish all materials and services as bid for the Lubbock Municipal Coliseum, 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 13th day of March 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR 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 13th day of March, 1997, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Lubbock Building Services, 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 #97038 - LUBBOCK MUNICIPAL COLISEUM EXIT DOOR INSTALLATION - $94,400.00 144 City Council Minutes March 13, 1997 Page 145 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/ Gary Smith Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ Ann M. Smith CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Lubbock Building Services, Inc. By: /s/ Jerry Smith PRINTED NAME: Jerry Smith TITLE: President COMPLETE ADDRESS: Lubbock Building Services, Inc. 5121 69th Street Suite B-1 Lubbock, Texas 79424 Lubbock Building Services, Inc., Lubbock, Texas. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to authorize Resolution No. 5441 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (35.) BID #97040--Paint-Up Program Supplies - Annual Pricing (Community Development). Sherwin Williams Company --Total bid. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 145 City Council Minutes March 13, 1997 Page 146 (36.) BID #97041--Solar Powered Motion Sensor Floodlight - Annual Pricing (Community Development). Nunn Electric Supply --Total bid. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (37.) BID #97045--Roof Top HVAC Unit Installation, and authorize same (Facilities Management). RESOLUTION NO.5442 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 Armstrong Mechanical Company, Inc., of Lubbock, Texas, to install and furnish all materials and services as bid for the Roof Top HVAC Unit Installation, 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 13th day of March 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR 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 STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 13th day of March, 1997, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Armstrong Mechanical Co., Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. 146 City Council Minutes March 13, 1997 Page 147 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 #97045 - ROOF TOP UNIT INSTALLATION AT CITIBUS - $16,895.00 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/ George Lesenbe 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: Armstrong Mechanical Co., Inc. By: /s/ Woody Martin PRINTED NAME: Woody Martin TITLE: Vice President COMPLETE ADDRESS: Armstrong Mechanical Co., Inc. P. O. Box 3430 Lubbock, Texas 79452 Armstrong Mechanical Company, Inc., Lubbock, Texas. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to authorize Resolution No. 5442 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 147 City Council Minutes March 13, 1997 Page 148 (38.) BID #97046--Cutouts & Fuses - Annual Pricing (Central Warehouse). Cummins Utility Supply --Total bid. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (39.) BID #97071--Gas Turbine Parts (Electric Production). Stewart & Stevenson Technical Services, Inc. --Total bid. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tern Cooke to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (15.) Ordinance No. 9978--Grant Southwestern Bell Telephone Company a franchise authorizing and governing the use of City property and public rights -of -way to provide telecommunications services within the City of Lubbock. ORDINANCE NO.9978 AN ORDINANCE GRANTING SOUTHWESTERN BELL TELEPHONE COMPANY A FRANCHISE AUTHORIZING AND GOVERNING THE USE OF CITY PROPERTY AND PUBLIC RIGHTS -OF -WAY TO PROVIDE TELECOMMUNICATIONS SERVICES WITHIN THE CITY OF LUBBOCK. Motion was made by Councilmember Neugebauer, seconded by Mayor Pro Tern Cooke to pass on second and final reading Ordinance No. 9978 as recommended by staff. Motion carried: 6 Yeas; 1 Nay--Councilmember Hernandez. (40.) Consider Resolution No. 5443 accepting paving improvements constructed by Williams and Peters Construction Co., Inc., in Remington Park Addition, Lots 199-223. RESOLUTION NO. 5443 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF AN AVENUE AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 199-223, Remington Park 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 avenue: The West half of Albany Avenue from the North lip line of 73rd Street to the North line of the alley North of 70th Street, know and designated as New Subdivision Sub -Unit Number 20 of Unit Number 2037. City Council Minutes March 13, 1997 Page 149 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 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. 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 13th day of March 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR 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 required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on the West half of Albany Avenue from 73rd Street to the alley North of 70th Street. The developer of this subdivision is Lubbock Land Company. There is no City cost due the contractor upon this acceptance. Staff recommended the approval of this resolution. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Patterson to authorize Resolution No. 5443 as recommended by staff. Motion carried: 6 Yeas; 0 Nays-- Councilmember Neugebauer recused and excused himself from any discussion and voting on this item. 149 City Council Minutes March 13, 1997 Page 150 (41.) Consider Resolution No. 5444 authorizing the Mayor to execute an agreement regarding landfill issues. RESOLUTION NO. 5444 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 Settlement Agreement between the City of Lubbock and Ronnie Hamilton and Freddie Shaw, 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 13th day of March 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR 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/ Jeff Hartsell Jeff Hartsell, Supervising Attorney, Trial Litigation Section A copy of the Settlement Agreement is filed with Resolution 5444. Motion was made by Councilmember Neugebauer, seconded by Mayor Pro Tern Cooke to authorize Resolution No. 5444 as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (42.) Confirm appointment of James Crowson to Market Lubbock Economic Development Corporation Board of Directors. This item was deleted from the agenda as confirmation was made in the appointment process February 27, 1997. 150 City Council Minutes March 13, 1997 Page 151 (43.) Confirm appointment of the following people to the Community Development and Services Board: Jim Gomez, Rhonda Truett, Edwin Scott, Jr., David Sowell, Larry Rogers, Tom Rohrig, Mark Blakemore, Jane Anne Stinnett, Todd McKee, Maria Montes, Annie Hutchinson, Grey Lewis, Julio Llanas, Richard Molina, Dr. Nancy Ridenour, Eric Strong, and Alex Torres. Motion was made by Mayor Pro Tern Cooke, seconded by Councilmember Hernandez to appoint Jim Gomez, Rhonda Truett, Edwin Scott, Jr., David Sowell, Larry Rogers, Tom Rohrig, Mark Blakemore, Jane Anne Stinnett, Todd McKee, Maria Montes, Annie Hutchinson, Grey Lewis, Julio Llanas, Richard Molina, Dr. Nancy Ridenour, Eric Strong and Alex Torres to the Community Development and Services Board. Motion carried: 7 Yeas; 0 Nays. There being no further business or discussion, motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to adjourn the meeting at 11:40 A.M. Motion carried: 7 Yeas; 0 Nays. WINDY SITTON, MAYOR ATTEST: / t" I I -j ayt arnell, City Secretary Read and approved this kh day of klatl A, 1997. DY SITTMAYOR 151