HomeMy WebLinkAboutMinutes - City Council - Regular - 6/13/2002CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
June 13, 2002
7:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 13th
day of June, 2002, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 7:30 A. M.
7:30 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez,
Councilmember Gary O. Boren; Councilmember Alex "Ty" Cooke,
Councilmember Tom Martin, Councilmember Frank W. Morrison,
Councilmember T.J. Patterson
Absent: No one was absent.
CITIZEN COMMENTS
( 1.) Presentation by Diane Easter regarding the lease of City Land
Application property (10 minutes).
The Country Store is located on City owned property adjacent to an
effluent irrigation site near the community of Ransom Canyon. Frank
Gray and Abraham Matthews executed the original lease some 25 years
ago. When the City purchased the land in the mid 1980's, the City
allowed the lease to remain in effect. Since 1995, there have been three
lessees with the most recent being Paul and Diane Easter.
The current lease expires in March 2003 and City staff has recommended
that the lease not be renewed for the following reasons:
1. The store is located in close proximity to an effluent irrigation site.
However, there is currently nothing requiring a buffer zone
between a business and the effluent application.
2. The current lease agreement does not require that the City be
notified when the lessee changes.
3. The annual lease payment is $1,265.63. Since the store is located
in an area with groundwater nitrates exceeding TNRCC
requirements and serves the public, the City furnishes the store
with a reverse osmosis unit for water treatment at a cost of $600
per year. Administration of the contract is estimated to cost at least
$600 per year in staff and legal fees. The City realizes no
significant net income from this operation.
Ms. Easter appeared before Council and thanked them for the opportunity
to speak. She also stated she would be reading her statement to the
Council. This statement included a characterization of her deceased
husband and description of their effort in starting the business. After her
husband's death, she found a couple that wanted to buy the store. After
she received the letter from the City, they decided not to buy it. She
stated that now the City wanted to give her a. new lease. Ms. Easter stated
that before she told Council what she was going to do, she requested two
things:
1. That the Council honor this last year's lease as long as Mr. Moore
wishes to stay or up until February 13, 2003;
2. That she receives what is personally hers out of that store at that
time.
She stated it had been a pleasure doing business with the City and she had
no regrets.
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June 13, 2002
Page 410
Mayor McDougal related that he did not think the City has any intentions
other than to honor the lease through March of next year and that Ms.
Easter had indicated to him earlier that she did not wish to renew the
lease.
Ms. Easter stated she couldn't go back to the store and gave back the store
keys and left the meeting. She said the City sent her the letter stating
that the store was no longer hers and she was going to hold them to it.
She also requested that her son be allowed to hand a pamphlet to Council
members.
Councilmember Boren spoke concerning this matter. He thinks the
workers at the City farm do an excellent job and what is required in the
best interest of the City. He stated there is a "letter of the law" and a
"spirit of the law" and as leaders must be very careful, we cannot put any
kind of small business in a situation depriving them from making a living.
He also stated that we could not be heavy handed with little businesses that
look to Council for a chance to survive. He implored the Council to be
very sensitive.
Mayor McDougal stated he met with Ms. Easter and that she had received
the letter not renewing the lease thirteen months prior to the expiration of
the lease and the time frame to send the letter was one year prior to
expiration. He stated that she did not want to renew the lease.
Councilmember Hernandez remarked that we were not netting anything
off the lease and months earlier Council consensus was not to extend the
lease. He stated that at the time he had not heard both sides of the story
and if he had it might or might not have changed his mind. He suggested
that Council could change their way of doing business not just to have
staff perspective, but the other side as well and rethink how they do
business.
Councilmember Hernandez also stated that Mayor McDougal was correct
in summarizing her position. Currently Ms. Easter does not want the
lease renewed. So to him, it becomes a moot point at this time and he
didn't get any indication from her that Council really shouldn't be doing
anything different than what they had started to do.
Councilmember Martin suggested that Ms. Easter had delivered the keys
and apparently the lease was terminated. She had indicated that she
wanted to be able to get her personal property out of the store.
Councilmember Martin said that we should not just go out there and
bulldoze the property. We should work with her to get her things.
Mayor McDougal said he thought the same thing, but that she had asked
them to honor the lease through the end of February and he didn't know
why Council already had the keys.
Anita Burgess, City Attorney, stated she would talk to Ms. Easter's
attorney to determine her intent as she had indicated she wanted the lease
to remain in place until March 1, 2003 and she had already delivered the
keys.
Gene Shotts, Ms. Easter's attorney, appeared and said Ms. Easter had the
building under contract to be sold, but the buyers did not want it after she
received the letter from the City. He felt she intended to keep the store
until termination.
Staff recommends that the current lease be allowed to expire and that the
structure be removed from City property.
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EXECUTIVE SESSION
Mayor McDougal stated the Council would hold an executive session
in accordance with the V.T.C.A. Government Code, Section 551 to
discuss personnel matters (City Manager); to deliberate, vote and take
final action on electric rates of Lubbock Power and Light (electric
utilities); to deliberate and discuss strategic and business plans and
studies; capital improvements and project plans and studies; financial,
accounting and statistical data and plans; and debt allocation
strategies, plans and studies of Lubbock Power and Light (electric
utilities); pending or contemplated litigation (Business/Neighborhood
Development; Planning; Stormwater Utilities); personnel matters
regarding duties, responsibilities, and/or appointments (Boards and
Commissions); and to deliberate the purchase, exchange, lease, or
value of real property (Water Utilities); to deliberate the deployment,
or specific occasions for implementation of security personnel or
devices at the City of Lubbock Municipal Buildings; and to discuss or
deliberate regarding commercial or financial information received
from, and to deliberate the offer of a financial or other incentive to, a
business prospect with which the economic development negotiations
are being conducted.
7:50 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All councilmembers were present.
(2•) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters (City
Manager).
( 3•) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.086, on the following competitive matters (Electric
Utilities):
to deliberate, vote and take final action on electric rates
of Lubbock Power and Light;
to deliberate and discuss strategic and business plans
and studies; capital improvements and project plans and
studies; financial, accounting and statistical data and
plans; and debt allocation strategies, plans and studies
of Lubbock Power and Light.
(4.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A), to discuss pending or contemplated
litigation (Business/Neighborhood Development; Planning; Stormwater
Utilities).
(5.) 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:
Citizens Traffic Commission
Community Development and Services Board
South Plains Association of Governments
Youth Commission -Adults
(6.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.072, to deliberate the purchase, exchange, lease, or
value of real property (Water Utilities).
(7.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.076, to deliberate the deployment, or specific
occasions for implementation of security personnel or devices at the
City of Lubbock Municipal Buildings.
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June 13, 2002
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(8.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.087, to discuss or deliberate regarding commercial
or financial information received from, and to deliberate the offer of a
financial or other incentive to, a business prospect with which the
economic development negotiations are being conducted.
9:35 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
All councilmembers were present.
(9.) Presentation regarding regional meetings with elected officials and
business leaders from area cities. Frank Morrison, City Council
member, District Four (15 minutes)
During the past two years, Councilmember Morrison has gone to several
regional cities and met with local elected officials, school district
superintendents, chamber officials and business leaders. The purpose of
these visits was to start a dialogue on how Lubbock can be a better
regional partner. Council member Morrison met with Plainview,
Brownfield, Levelland, Sundown, Littlefield, Slaton, and towns within
Lubbock County. Councilmember Morrison addressed the issues and
comments that were generated by these regional discussions.
(10.) Presentation on Fire Department staffing analysis as a result of Senate
Bill 382 and the issuance of the national consensus standard-NFPA
1710. Steve Hailey, Fire Chief (30 minutes)
One of the bills passed last session by the State Legislature was SB 382.
This bill broadened the areas of regulation and enforcement that the Texas
Commission on Fire Protection exercises over all paid fire departments in
the state. Most of the additional areas of enforcement that this bill added
do not impact the Lubbock Fire Department, as they were being done
prior to passage of the bill. However, there is one area that will impact the
operation of the fire department. All paid fire departments in the state
must now follow the OSHA Standard requiring four firefighters to be
assembled on the fire ground, prior to the initiation of any interior fire
attack on a structure fire. The Fire Department will continue to comply
with this requirement, however, due to staffing issues, there will be some
adverse impacts. These negative impacts will be in the form of increased
fire losses and the potential for an increase in deaths and injuries to
civilians, on a certain percentage of all structure fires.
Also during the last year, the National Fire Protection Association issued a
consensus standard known as NFPA rks that all710. sstandard fire departments hou d
certain operating and staffing bench1
follow. The Lubbock Fire Department
staffingld be requirements. However,
Howevermeet l
requirements, with the exception of
this standard has not been adopted by the State,
ss simply a national
therefore
is not a mandatory standard that must be followed
consensus standard.
Staff recommended approval of a staffing plan that would allow
compliance with the OSHA standard on all structure fires, to minimize the
impact on fire losses.
10:55 A. M. WORK SESSION RECESSED
11:04 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Councilmember Gary or Marc McDougal, Mayor Pro Tem Victor " Hernandez,Cooke,
Present: May O, Boren, Councilmember Alex Ty
Councilmember Tom Martin, Councilmember Frank W . Morrison,
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Councilmember T. J. Patterson; Bob Cass, City Manager; Anita
Burgess, City Attorney; and Rebecca Garza, City Secretary
Absent: No one was absent.
Mayor McDougal called the meeting to order at 11:04 A. M.
(11.) Invocation by Pastor Tom Lakey, First Assembly of God
(12.) Pledge of Allegiance to the Flag.
BOARD APPOINTMENTS RECOGNITION
Citizens Traffic Commission
Receiving: Robert Giovannetti
Keep Lubbock Beautiful Advisory Committee
Receiving: April Howell (unable to attend)
Libraries Board
Receiving: Beth George
North and East Lubbock Development Commission
Receiving: Gary Lawrence, Chair (unable to attend)
Randy Andrews
Isaac Garnett (unable to attend)
Greg Garrison (unable to attend)
Jim Gomez
Wayne Havens
Dr. Heenan Johnson, II
Esther Sepeda
Irasema Velasquez
CITIZEN APPEARANCES
(13.) Presentation of a Special Recognition to Gertie Jeter, Penny Mason,
Karen Malouf, and Phyllis Jones for their patriotic contribution to our
community and for raising $100,000 for the Freedom Fountain in
Huneke Park.
Gertie Jeter, Financial Officer for Civic Lubbock, Inc.; Penny Mason,
Keep Lubbock Beautiful Board Chair; Karen Malouf, Immediate Past
President for Keep Lubbock Beautiful; and Phyllis Jones, Parks and
Recreation Chairman, spent four months raising $100,000 for the
Freedom Fountain in Huneke Park. The Freedom Fountain demonstrates
the patriotism that Lubbock residents feel toward the United States and
pays respect to all the brave men and women who have served in the
armed forces representing our country. Approximately 9,125,000 cars
pass by Huneke Park every year making it the ideal spot for the fountain
as many residents and visitors will view it every year.
Presentation of a Special Recognition was made to Gertie Jeter, Penny
Mason, Karen Malouf, and Phyllis Jones for taking the initiative in the
efforts creating the Freedom Fountain in Huneke Park.
Karen Malouf expressed that it was an honor to work with all the boards
and citizens to attain this goal.
Gertie Jeter stated how much they appreciated City of Lubbock employees
who participated in the fountain area. She commended the Parks and
Recreation and Civic Center employees. She recognized Civic Lubbock,
Inc. employees. Also she extended her appreciation to Mayor
McDougal, Councilmembers Patterson, Martin and Boren, and City
Attorney Anita Burgess for attending the ceremony. She especially
recognized Tommy Gonzales, Assistant City Manager for his foresight
and his Executive Assistant, Duffy Hinkle for the her hard work.
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(14.) Presentation of a Proclamation to the Juneteenth Celebration
Committee commemorating June 14-15, 2002 as Lubbock
Emancipation Juneteenth Days.
(15.)
Lubbock has officially celebrated Juneteenth for the past 22 years. On
June 19, 1865, Major General Gordon Granger landed at Galveston Bay,
Texas, and proclaimed that all slaves are free as outlined in the
Emancipation Proclamation. This announcement sparked spontaneous
freedom celebrations across Texas and the Southwest and is still celebrated
today.
This year's Juneteenth Celebration will consist of the following activities:
June 14, 2002
Juneteenth Kick -Off Reception and
6:30-8:00 p.m.
Delta Sigma Theta Sorority's "Man
and Woman of the Year" Awards:
Mae Simmons Community Center
June 15, 2002
Health Walk (during parade):
10:00 a.m.
United Supermarket Parking Lot —
Parkway Drive
June 15, 2002
Parade -Parkway Drive: Starts at United
10:00 a.m.
Supermarket and ends at Dunbar
Historical Preservation Lake
June 15, 2002
Activities include opening ceremony,
12:00 noon to
entertainment, children's games, and
8:00 p.m.
food booths
Eddie Richardson, President, Anthony Jones, Vice President of the
Juneteenth Celebration Committee, and Bobby Morris who is in charge of
the parade accepted a proclamation commemorating June 14-15, 2002, as
Lubbock Emancipation Juneteenth Days.
CONSENT AGENDA (Items No. 15-36)
Motion was made by Councilmember Hernandez, seconded by
Councilmember Morrison to approve Items 16-20, 23-25, 27-32, 34-36 on
consent agenda as recommended by staff. Motion carried: 7 Yeas, 0
Nays.
Approval of Minutes: May 23, 2002
Regular City Council Meeting
This item was moved to Regular Agenda and considered following
Item No. 36.
Councilmember Martin had asked this item to be pulled after noting that
Item No. 52 of the above minutes should be corrected to read " to appoint
Beth George, President of the Friends of the Library, to the Library
Board."
Also a wrong name and year was entered at the end of the minutes and
both were corrected.
Motion was made
Councilmember Martin
carried: 7 Yeas, 0 Nays.
by Councilmember Cooke, seconded by
to approve Item No. 15 as corrected. Motion
Councilmember Martin also stated he would like for the minutes to reflect
not only what the staff says, but also the councilmember statements.
Councilmember Cooke mentioned that there was a permanent record of
everything that is said on the tapes.
Next item to be considered was Item No. 21.
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(16.) ORDINANCE #2002-00063-Amending Chapter 28 of the Code of
Ordinances of the City of Lubbock, with regard to updating the Water
Conservation and Drought Contingency Ordinance (second and final
reading).
ORDINANCE NO.2002-00063
AN ORDINANCE ADOPTING A CITY OF LUBBOCK WATER
CONSERVATION PLAN AND DROUGHT CONTINGENCY PLAN; TO
PROMOTE WISE AND RESPONSIBLE USE OF WATER; ESTABLISHING
CRITERIA FOR THE DROUGHT RESPONSE STAGES; ESTABLISHING
RESTRICTIONS ON CERTAIN WATER USES RELATED TO DROUGHT OR
SHORTAGES; PROVIDING A PENALTY OF NOT LESS THAN TEN DOLLARS
($10.00) PER DAY NOR MORE THAN TWO HUNDRED DOLLARS ($200.00)
PER DAY FOR EACH DAY OF NONCOMPLIANCE WITH THE PROVISIONS OF
THE DROUGHT CONTINGENCY PLAN, AND/OR DISCONNECTION OR
DISCONTINUANCE OF WATER SERVICE FOR NONCOMPLIANCE WITH THE
PROVISIONS OF THE DROUGHT CONTINGENCY PLAN AND WATER
CONSERVATION PLAN; PROVIDING FOR PUBLICATION AND ORDAINING
OTHER MATTERS RELATED TO THE FOREGOING.
(17.) ORDINANCE #2002-00066-ZONE CASE NO. 2929 (south of Cornell
Street and east of Frankford Avenue): Request of Hugo Reed and
Associates, Inc. (for Kyle Zahn) for a zoning change from R-1 to GO
on an unplatted 6.51 acre tract of land out of Section 1 (second and
final reading).
ORDINANCE NO. 00066
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2929; A ZONING CHANGE FROM R-1 TO GO
ZONING ON AN UNPLATED 6.51 ACRE TRACT OF LAND OUT OF SECTION 1,
Block J-S, LUBBOCK,TEXAS; PROVIDING A PENALTY, PROVIDING A
SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION.
(18.) ORDINANCE #2002-00067-ZONE CASE NO. 1864-F (southeast
corner of 34`h Street and LaSalle Avenue): Request of John W. Nelson
for a zoning change from A-2 to R-2 on Tract A-1 (less south 69.59
feet), Park Lorraine Addition (second and final reading).
ORDINANCE NO. 2002-00067
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1864-F A ZONING CHANGE FROM A-2 TO R-2
ZONING ON TRACT A-1, LESS THE SOUTH 69.59 FEET, PARK LORRAINE
ADDITION, LUBBOCK,TEXAS; SUBJECT TO CONDITIONS, PROVIDING A
PENALTY, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR
PUBLICATION.
(19.) Ordinance No. 2002-00070 abandoning and closing a 4-foot
Underground Utility Easement and a 4-foot by 6-foot Transformer
Pad Easement for Lubbock Power & Light located in Lot 89-A in the
Ridgewood II Addition to the City of Lubbock (6510 21" Street) (first
reading).
ORDINANCE NO. 2002-00070
AN ORDINANCE ABANDONING AND CLOSING A 4 FOOT
UNDERGROUND UTILITY EASEMENT AND A 4 FOOT BY 6 FOOT
TRANSFORMER PAD EASEMENT FOR LP&L LOCATED IN LOT 89-A, IN THE
RIDGEWOOD II 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
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OFFICIAL MAPS OF THE
CLOSING; PROVIDING
PUBLICATION.
CITY TO REFLECT SAID ABANDONMENT AND
. SAVINGS CLAUSE; AND PROVIDING FOR
These two Lubbock Power and Light easements are being closed for replat
and building purposes in the Ridgewood II Addition. These easements are
located just west of Milwaukee Avenue on the north side of 21" Street and
were acquired when Lot 89-A was platted. New easements will be
dedicated to replace these being closed.
The Right -of -Way Department recommended approval of the first reading
of this ordinance.
(20.) Ordinance No. 2002-00071 abandoning and closing a portion of a 20-
foot Underground Utility Easement located in Lot A-1-B-4, University
Pines Addition (9602 University Avenue) (first reading).
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ORDINANCE NO. 2002-00071
AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A 20
FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN LOT A-1-13-4,
UNIVERSITY PINES ADDITION TO THE CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF
THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE
OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND
CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
- This ordinance abandons and closes a portion of a 20-foot Underground
Utility Easement located in Lot A-1-13-4 of the University Pines Addition
which is located on the west side of the 9600 block of University Avenue
for building purposes. All utilities are in agreement with this closure.
The Right -of -Way Department recommended the approval of the first
reading of this ordinance.
Next item to be considered was Item No. 23.
(21.) Resolution No. 2002-RO229 providing for street improvements through
an assessment paving program for Frankford Avenue from 82" Street
to 981b Street and directing approval to make such improvements.
This item was moved to Regular Agenda and considered following
Item No. 15.
RESOLUTION NO. 2002-RO229
RESOLUTION PROVIDING FOR IMPROVEMENTS TO PORTIONS OF A
STREET IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARIES
OF SAID CITY AND DIRECTING APPROVAL TO MAKE SUCH IMPROVEMENTS
AS LISTED BELOW:
WHEREAS, the City Council of the City of Lubbock by Resolution No. 2001-
R0393 passed on October 11, 2001, in regular session of City Council, declared a
necessity for and ordered the improvement of those certain highways, streets, and
avenues 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 herein, 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, and avenues 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, and avenues 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, and
avenues 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, and avenues 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
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accordance with and as required by Subchapter D of Chapter 314 of the Texas
Transportation Code.
SECTION 3. THAT the portions of highways, streets, and avenues 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
STREETS AND AVENUES
2386-005 Frankford Avenue from 82°d Street to 98`h 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 June, 2002.
/S MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Larry D Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda L. Chamales, Supervising Attorney
Office Practice Section
This resolution is the third of five resolutions required to initiate an
assessment -paving program. The proposed paving improvements are as
follows:
Frankford Avenue from 82" Street to 98`' Street
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 approval of this resolution.
Councilmember Hernandez asked how the paving assessment program
would work as Council -would be looking at other items today on like
matters (Items Nos. 37 and 38) and wanted to make sure that if they were
going to have a change in policy, it should be consistent. Keith Smith,
Senior Civil Engineer, stated this is a standard assessment procedure
followed for the past 40-50 years. The streets will be paved due to heavy
traffic and new development. The money has been collected in prepaid
paving for the subdivisions as they are developed and the tracts not
developed will be assessed.
Councilmember Morrison asked about the timing of the decision to pave
and the actual paving. Mr. Smith stated the code of ordinances requires
the developer pays the cost of paving at the time of development on the
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Regular City Council Meeting
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interior streets and outside perimeter streets. There is a mechanism to
delay that requirement in certain instances.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to pass Resolution No. 2002-RO229 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
(22.) Resolution No. 2002-RO230 directing the City Engineer to prepare and
file estimates and assessment rolls for paving improvements to be
included in an assessment program for Frankford Avenue from 82°d
Street to 98`h Street.
This item was moved to Regular Agenda and considered following
Item No. 21.
RESOLUTION NO. 2002-RO230
A RESOLUTION DIRECTING THE CITY ENGINEER TO PREPARE AND
FILE ESTIMATES, ROLLS, ETC. IN CONNECTION WITH THE PROPOSED
ASSESSMENT PAVING IMPROVEMENTS ON PORTIONS OF STREETS AND
AVENUES IN AND ALONG THE BOUNDARIES OF THE CITY OF LUBBOCK,
TEXAS.
WHEREAS, the government body of the City of Lubbock as heretofore ordered
and provided for the improvement of portions of sundry streets, highways and avenues in
and along the boundaries of the City as designated below:
UNIT AND SUB -UNIT STREETS AND AVENUES
2386-005 Frankford Avenue from 82nd
Street to 98`' 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 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.
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 Subchapter D of Chapter 314 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 June, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
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/s/ Larry Hertel
Larry D. Hertel, City Engineer
APPROVED AS TO FORM:
/s/ Linda L. Chamales
Linda Chamales
Supervising Attorney/Office Practice Section
This resolution is the fourth of five resolutions required to initiate an
assessment -paving program. The proposed paving improvements are as
follows:
Frankford Avenue from 82" Street to 98' Street
This resolution directs the City Engineer to prepare assessment rolls to
include affected property descriptions, owners and proposed assessment
rates.
Keith Smith, Senior Civil Engineer, presented staff comments.
Staff recommended approval of this resolution.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to pass Resolution No. 2002-RO229 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
Next item to be considered was Item No. 26.
(23.) Resolution No. 2002-RO215 authorizing the Mayor to execute a lease
with B & B Properties for property situated at 3410 50" Street.
This item was considered following Item No. 20.
RESOLUTION NO.2002-RO215
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 Lease for property
situated at 3410 50`' Street, by and between the City of Lubbock and B & B Properties,
and related documents. Said Lease is attached hereto and incorporated in this resolution
as if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 13th day of June, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Becky Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Harlan D. Stauffer
Harlan Stauffer, Facilities Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
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Regular City Council Meeting
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Page 421
A copy of the Lease is filed with Resolution No. 2002-R0215
This lease provides for B & B Properties to lease property at 3410 501h
Street from the City of Lubbock for a period of five years. This property
has been leased to B & B Properties since 1980. The lease agreement
stipulates that B & B Properties will pay the City the sum of $220 per
month for the term of the lease. At the end of the lease in 2005, there is a
provision for a five-year extension.
Staff recommended approval of this resolution.
(24.) Resolution No. 2002-R0216 authorizing the Mayor to execute for and
on behalf of the City of Lubbock a contract amendment #1 for an
integrated security access and video surveillance system with ADT
Security Services, Inc. for Phase III -A of the Municipal Square
Renovations.
RESOLUTION NO. 2002-R0216
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Amendment No. 1 to
the Contract dated January 27, 2000 between the City of Lubbock and ADT Security
Services, Inc., for NexWatch Access Control for an integrated security access and video
surveillance system - Municipal Square, and all related documents. Said Amendment is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this 13th day of June, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Harlan D. Stauffer
Harlan Stauffer, Facilities Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Amendment is filed with Resolution No. 2002-R0216.
The original contract, dated October 27, 2000 and valid until November 6,
2002, provides for the installation of an integrated video surveillance
system and computerized card access system for the Municipal Square
Building located at 916 Texas Avenue. This multi -phase project is funded
through the General Facilities and System Improvements Capital Projects
Fund, Project #9616. The first portion of the security projects included
the installation of the software and hardware for the Patrol/Records
Divisions. All future security/surveillance equipment must be of this
manufacturer (PUR-010 & 070 provided). This will allow for a consistent
operation and have one uniform security/surveillance system for this
facility.
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Page 422
This next portion of the security contract provides security to the Police
Administration and is valued at $59,552. The overall budget for the
security portion of this phase of the project is $65,000.
Based on a current contract with ADT Security Services, Inc., past work
experience, and the already installed original equipment, the Facilities
Management Department recommends approval of this resolution.
(25.) Resolution No. 2002-RO217 authorizing the Mayor to execute
Amendment No. 5 to the Agreement for Professional Services between
Parkhill, Smith and Cooper and the City of Lubbock for design and
construction phase services for the extension of the Westport Access
Road, Phase II.
RESOLUTION NO. 2002-RO217
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Amendment No.5 to the
Agreement between the City of Lubbock and Parkhill, Smith & Cooper for Design and
Construction Phase Services for the extension of the Westport Access Road, Phase II,
and all related documents. Said Amendment is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council this 13th day of June, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Earle
Mark Earle, Director of Aviation
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Amendment is filed with Resolution No. 2002-R0217.
In April of 1997, the City Council approved a master engineering
agreement with Parkhill, Smith and Cooper (PSC) to provide design
services on several projects at Lubbock International Airport. As the
original agreement is structured, the City notifies the engineer that it is
ready to proceed with one of the identified projects. Staff then negotiates
design fees and places the fee structure before the City Council for
approval in the form of an amendment to the master agreement. This
agenda item involves an amendment that will authorize design work on
Phase II of the Westport Access Road. Phase I was previously authorized
on May 10, 2001 and has subsequently been completed.
Phase I extended Westport Access Road on the west side of the airport
northward from the Executive T-hangars to the Airborne and Federal
Express air freight complex. Phase II will extend the road further
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Regular City Council Meeting
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Page 423
northward from the air freight complex to the new Tyco manufacturing
facility.
The total estimated cost of this project is $662,059. The negotiated fee
for preliminary and final design services is a not -to -exceed amount of
$49,300 or 8.9% of the total construction budget. The negotiated fee for
the construction phase services, including resident project representation
(RPR) is a not -to -exceed amount of $43,400 or 7.8 % of the construction
budget. The maximum fee for surveying and testing services is $17,540.
The engineering fees proposed fall within the guidelines developed by the
Texas Society of Professional Engineers and the Consulting Engineering
Council of Texas for large construction projects.
The City of Lubbock has submitted an application for a Defense Economic
Adjustment Grant to fund this project. 'If the application is denied,
funding for the project will come from Market Lubbock, Inc. under an
agreement previously approved by the City Council.
The Airport Board and staff recommended approval of this resolution..
Next item to be considered was Item No. 27.
(26.) Resolution No. 2002-RO231 authorizing the Mayor to execute an
extension to the parking concession agreement between
APCOA/Standard Parking and the City of Lubbock.
This item was moved to Regular Agenda and considered following
Item No. 22.
RESOLUTION NO. 2002-RO231
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 letter agreement
extending to the parking concession agreement between APCOA/Standard Parking and
the City of Lubbock, and related documents. Said Agreement is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 13th day of June, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Mark Earle
Mark Earle, Aviation Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Agreement is filed with Resolution No. 2002-RO231.
APCOA/Standard Parking has managed the operation of the public
parking lot at Lubbock International Airport since 1997. The initial term
of the current automobile parking concession agreement between APCOA
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Regular City Council Meeting
June 13, 2002
Page 424
and the City of Lubbock expired May 31, 2002. This item involves the
approval of a letter of agreement that documents a holdover clause under
the existing agreement through August 31, 2002. During the term of this
short-term extension, APCOA and the City of Lubbock will negotiate an
option term, which will then be presented to the City Council for
approval. The terms of the option will be retroactive to June 1, 2002.
Mayor Pro Tern Hernandez questioned how the City got itself into a
position to let a lease expire like this. David Jones, Deputy Director of
Planning and Development, stated that as a result of 9-11, the parking
industry is topsy-turvy and the City ran up against the deadline on this
particular contract. His department needs more time to let the parking
industry calm down and work things out .
Councilmember Morrison requested a trend analysis of airport parking
nationwide.
Mayor Pro Tem Hernandez questioned. that if you are looking to negotiate
an option term with contracts, don't they normally have to be accepted
before the expiration of a contract and wouldn't this place the City in the
position to rebid the contract?
Bill de Haas, Contract/Manager Attorney, stated that it wouldn't as this
would be a receipt of money, not an expenditure.
Mayor McDougal stated that as he understood we are doing a letter of
agreement that is basically month -to -month until such time as this can be
renegotiated for Council's consideration or as Councilmember Hernandez
asked that this be rebid and Mark Earle will need to get with Council to
make that decision.
Bob Cass, City Manager, stated that normally he would be far more
stringent in bringing this to Council in this form, but following 9-11 and
the substantial chaos in this industry they were concerned with giving
themselves more time to protect the revenue strength. Mr. Cass said he
would sit down with Mark Earle, Richard Casner and David Jones to
discuss this matter.
The Airport Board and staff recommended approval of this resolution.
Motion was made by Councilmember Cooke, seconded by
Councilmember Morrison to pass Resolution No. 2002-RO231 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
Next item to be considered was Item No. 33.
(27.) Resolution No. 2002-RO218 authorizing the Mayor to execute a Deed
of Release, by and between the United States of America ("USA") and
the City of Lubbock, providing for the release by the USA of
restrictions, conditions and obligations contained in AIP grant
agreements regarding a 38.98 acre tract conveyed by the City of
Lubbock to Market Lubbock Economic Development Corporation.
This item was considered following Item No. 25.
RESOLUTION NO. 2002-RO218
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 Deed of Release between the Federal
Aviation Administration, Department of Transportation ("FAA") and the City of Lubbock,
and any other related documents, releasing 38.98 acres of land previously conveyed to
Market Lubbock Economic Development Corporation from the conditions, restrictions, and
obligations contained in any Airport Improvement Project (AIP) Grant Agreements. Said
Deed of Release is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
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Regular City Council Meeting
June 13, 2002
Page 425
Passed by the City Council this 13th day of June, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Debra Forte
Debra Forth, Deputy City Manager
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner
Natural Resources Attorney
A copy of said Deed of Release is filed with Resolution No. 2002-R0218.
On May 9, 2002, the City Council approved an exchange of land between
the City of Lubbock and Market Lubbock, Inc. to facilitate an agreement
with Tyco Flow Control to build a 235,000 square foot manufacturing and
distribution facility at Lubbock International Airport. The City Council
approved the exchange subject to approval of the transaction by the
Federal Aviation Administration, the agency that provided grant funds for
the original purchase of the land in 1973. That approval has now been
received in the form a Deed of Release.
This agenda item involves approval of a resolution authorizing the Mayor
to sign the Deed of Release. There is a separate item on this agenda
regarding the Warranty Deed that transfers title to the land to Market
Lubbock, Inc.
Staff recommended approval of this resolution.
(28.) Resolution No. 2002-RO219 authorizing the Mayor to execute a
Ratification of General Warranty Deed by the City of Lubbock,
ratifying a General Warranty Deed conveying a 38.98 acre tract to
Market Lubbock Economic Development Corporation.
RESOLUTION NO. 2002-RO219
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 Ratification of General Warranty Deed,
and any other related documents, ratifying that certain General Warranty Deed, dated June
6, 2002, conveying that certain 38.98 acre tract to Market Lubbock Economic Development
Corporation, a Texas not -for -profit corporation. Said Ratification of General Warranty
Deed is attached hereto and incorporated in this Resolution as if fully set forth herein and
shall be included in the minutes of the Council.
Passed by the City Council this 13th day of June, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
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Regular City Council Meeting
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Page 426
APPROVED AS TO CONTENT:
/s/ Debra Forte
Debra Forte, Deputy City Manager
APPROVED AS TO FORM:
/s/ Richard Casner
Richard K. Casner
Natural Resources Attorney
A copy of the Ratification of General Warranty Deed is filed with Resolution No. 2002-
R0219.
On May 9, 2002, the City Council approved an exchange of land between
the City of Lubbock and Market Lubbock, Inc. to facilitate an agreement
with Tyco Flow Control to build a 235,000 square -foot manufacturing and
distribution facility at Lubbock International Airport. The transaction
requires ratification of a General Warranty Deed to transfer 38.98 acres of
land on Lubbock International Airport to Market Lubbock, Inc.
This agenda item involves approval of a resolution authorizing the Mayor
to sign the Ratification of General Warranty Deed. The conveyance
requires approval from the Federal Aviation Administration. That
approval has been received, and is the subject of a separate item on this
agenda.
Staff recommended approval of this resolution.
(29.) Resolution No. 2002-R0220; Resolution No. 2002-R0221/BID #082-
02/BM-€or Turf Maintenance for Water Production and Treatment
(Water Production and Treatment).
RESOLUTION NO. 2002-RO220
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 for turf
maintenance - annual pricing, by and between the City of Lubbock and Lively's
Lawncare & Water Features of Lubbock, Texas, and related documents. Said Contract
is attached hereto and incorporated in this resolution as if fully set forth herein and shall
be included in the minutes of the City Council.
Passed by the City Council this 13th day of June, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
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Regular City Council Meeting
June 13, 2002
Page 427
A copy of the Contract is filed with Resolution No. 2002-R0220.
RESOLUTION NO. 2002-RO221
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 for turf
maintenance - annual pricing, by and between the City of Lubbock and AAA
Landscaping & Lawn Care of Lubbock, Texas, and related documents. Said Contract is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this 13th day of June, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2002-RO221.
This bid establishes annual pricing for contract turf maintenance for the
Water Production & Treatment Department. Turf maintenance includes
mowing, edging, and trimming at the Water Treatment Plant, Terminal
Storage Reservoir, and remote pump stations and well sites. The contracts
are separated into four classes depending on the frequency of maintenance
and type of mowing equipment to be used:
Class A: Front office at the Water Treatment Plant; 20 cycles at 0.13
acres/cycle
Class B: Three pump stations and two elevated storage tanks; 20 cycles at
4.5 acres/cycle
Class C: Four pump stations, and eight various other sites; 20 cycles at
32.5 acres/cycle
Class D: Water Treatment Plant drying beds and Terminal Storage: 5
cycles at 20.5 acres/cycle
Low bids are from the following companies:
AAA Landscaping & Lawn Care of
$42,000
Lubbock, TX
Lively's Lawn Care & Water Features of
$11,100
Lubbock, TX
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Regular City Council Meeting
June 13, 2002
Page 428
Luis Gonzales Yard -Weed Mowing $2,250
Contractor of Lubbock, TX
The low bids total $55,350 and are within the Land Maintenance Trees
budget.
(30.) Resolution No. 2002-R0222; BID #085-02/RS-for Garden & Arts
Center Interior Renovations (Facilities Management).
RESOLUTION NO. 2002-RO222
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 for the Garden
& Arts Center interior renovations, by and between the City of Lubbock and Pharr &
Company of Lubbock, Texas, and related documents. Said Contract is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 13th day of June, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
Regular City Council Meeting
June 13, 2002
Page 429
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas
Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2002-RO222.
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 13th day of June, 2002, by and
between the City of Lubbock, County of Lubbock, State of Texas, acting by and through
Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Pharr & Company, of the City of Lubbock, County of Lubbock, and the
State of Texas, herein termed CONTRACTOR.
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 #085-02/RS - Garden & Arts Center Interior Renovations - $44,914.00
_ 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/ Rebecca Garza
Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Marc McDougal
MAYOR
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Regular City Council Meeting
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Page 430
APPROVED AS TO CONTENT:
/s/ Harlan D. Stauffer
Owner's Representative
APPROVED AS TO FORM:
/s/ William de Haas
City Attorney
ATTEST:
Corporate Secretary
/s/ Jackie Norrell
CONTRACTOR:
Pharr & Company
By: /s/ Jimmy R. Pharr
PRINTED NAME: Jimmy R. Pharr
TITLE: President
COMPLETE ADDRESS:
Pharr & Company
P. O. Box 2791
Lubbock, Texas 79401
This project involves carpeting and painting the front office, removing the
existing water fountain at the main entrance, replacing ceramic floor tile,
replacing millwork and installing new electrical circuits in the kitchen, and
installing new lighting in the foyer area of the Garden and Arts Center.
The low bid is $44,914 from Pharr Construction Company, Inc. of
Lubbock, Texas and is within the Building Capital Outlay -Garden & Arts
Center Renovation budget.
(31.) Resolution No. 2002-R0223; Resolution No. 2002-R0224/BID #088-
02/BM-for Water Treatment Chemicals -Annual Pricing (Water
Production & Treatment).
RESOLUTION NO. 2002-RO223
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 Letter of Award for water
treatment chemicals - annual pricing, by and between the City of Lubbock and Carus
Chemical Company of Peru, Il., and related documents. Said Letter is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 13th day of June, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
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Regular City Council Meeting
June 13, 2002
Page 431
A copy of the Letter is filed with Resolution No. 2002-RO223.
This bid establishes annual pricing for the purchase of water treatment
chemicals used in the drinking water treatment process. The process of
coagulation and taste and odor control are regulated by the Texas Natural
Resource Conservation Commission and these chemicals are required to
ensure compliance with these regulations.
Low bids are from the following companies:
Russ Chemical Company of Odessa, TX $124,000
Carus Chemical Company of Peru, II. $37,544
The low bids total $161,544 and are within the Water Treatment Chemical
Supplies budget.
(32.) Resolution No. 2002-R0225/BID #093-02/BM-for Boring Machine &
Trailer (Pipeline Maintenance).
RESOLUTION NO. 2002-RO225
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 Purchase Order for a
boring machine & trailer, by and between the City of Lubbock and Laney Machine, Inc.
of Humble, Texas, and related documents. Said Purchase Order is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 13th day of June, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2002-R0225.
This bid is for the purchase of a diesel powered boring machine and a flat
bed trailer. This boring machine is designed to operate in excavation pits
and is capable of making up to 200-foot bores in diameters of 2-inches to
26-inches. The machine will be used to bore under roadways and other
structures enabling the placement of water mains, sewer mains, and any
other public utility conduit. The flat bed trailer will be used to transport
the boring machine and its components to and from the job site.
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Regular City Council Meeting
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Page 432
Low bids are from the following companies:
Laney Machine, Inc. of Humble, TX
$45,565
Yellowhouse Machinery Company of
Lubbock, TX
$5,995
The low bids total $51,560 and are within the Major Equipment
Replacement budget.
Next item to be considered was Item No. 34.
(33.) Resolution No. 2002-R0232/BID #096-02/BM-for Pump Installation at
the Lubbock Water Reclamation Plant (Public Works).
This item was moved to Regular Agenda and considered following
Item No. 26.
RESOLUTION NO. 2002-RO232
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 for the pump
installation at the Lubbock Water Reclamation Plant, by and between the City of
Lubbock and Brown -McKee, Inc. of Lubbock, Texas, and related documents. Said
Contract is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
Passed by the City Council this 13th day of June, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2002-R0232.
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 13th day of June, 2002, by and
between the City of Lubbock, County of Lubbock, State of Texas, acting by and through
Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Brown -McKee, 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
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Regular City Council Meeting
June 13, 2002
Page 433
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID #096-02/BM - Pump Installation at the Lubbock Water Reclamation Plant -
$$196,655.00
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/ Rebecca Garza
Secretary
APPROVED AS TO CONTENT:
/s/ Chester Carthel
Owner's Representative
APPROVED AS TO FORM:
/s/ Don Vandiver
City Attorney
ATTEST:
Corporate Secretary
/s/ Peggy Young
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Marc; McDougal
MAYOR
CONTRACTOR:
Brown -McKee, Inc.
Bv: /s/ Joe Ramirez
PRINTED NAME: Joe Ramirez
TITLE: Mike P. Oles, President
COMPLETE ADDRESS:
Brown -McKee, Inc.
1717 Avenue K, Ste 203
Lubbock, Texas 79401
This bid is for the purchase and installation of two vertical turbine pumps
and motors to be installed at the Southeast Water Reclamation Plant. The
pumps and motors are necessary for the expansion of the distribution
system for the plant's effluent water. The addition of these pumps and
motors will help achieve Texas Natural Resource Conservation
Commission compliance for water discharge to the Lubbock and Hancock
Land Application Sites and will allow for stream discharge. The estimated
increase in discharge volume will require these additional pumping
improvements.
The time for completion specified in the bid documents was 49
consecutive days. Both bidders for this project have indicated that, due to
equipment lead-time of eight weeks, the 49-day requirement cannot be
met. It is staff's opinion that both bidders can perform the work in an
equal amount of time. Consequently, it is staff's recommendation to
award the bid to Brown -McKee of Lubbock, Texas for their alternate bid
with a 12-week completion time as shown on the tab sheet.
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Page 434
The low bid is $196,655 from Brown -McKee, Inc. of Lubbock, Texas and
is within the Southeast Water Reclamation Plant budget.
Councilmember Martin asked if this would help the land application
problem on East 50`h.
Bob Cass, City Manager, told him it would.
Motion was made by Councilmember Cooke, seconded by
Councilmember Martin to pass Resolution No. 2002-RO232 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
Next item to be considered was Item No. 37.
(34.) Resolution No. 2002-R0226/BID #097-02/RS-for Information
Technology Department Interior Painting & Carpet Replacement
(Facilities Management).
This item was considered following Item No. 32.
RESOLUTION NO. 2002-RO226
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 for the
Information Technology Department interior painting & carpet replacement, by and
between the City of Lubbock and Wardroup & Associates of Lubbock, Texas, and
related documents. Said Contract is attached hereto and incorporated in this resolution as
if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 13th day of June, 2002.
/S/ MARK MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2002-R0226.
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 13th day of June, 2002, by and
between the City of Lubbock, County of Lubbock, State of Texas, acting by and through
Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Wardroup & Associates, 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
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Regular City Council Meeting
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Page 435
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 #97-02/RS - City of Lubbock Information Technology Department Interior Painting
& Carpet Replacement - $37,756.00
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.
CITY OF LUBBOCK, TEXAS (OWNER)
ATTEST:
/s/ Marc; McDougal
/s/ Rebecca Garza MAYOR
Secretary
APPROVED AS TO CONTENT:
/s/ Harlan D. Stauffer CONTRACTOR:
Owner's Representative
Wardroup & Associates, Inc.
APPROVED AS TO FORM:
By: /s/ Dennis W. Wardroup
/s/ William de Haas
City Attorney PRINTED NAME: Dennis W. Wardroup
TITLE: President
ATTEST:
Corporate Secretary COMPLETE ADDRESS:
Wardroup & Associates, Inc.
/s/ 4408 Brownfield Drive
Lubbock, Texas 79410
This project involves installing new carpet throughout the Information
Technology Department and painting the interior walls, doors and frames.
Other work will include installing vinyl composition tile in selected areas,
oil treating selected walls and millwork., and refinishing the toilet
partitions.
The low bid is $37,756 from Wardroup & Associates of Lubbock, Texas
and is within the Building Capital Outlay -Information Technology
Renovation budget.
(35.) Resolution No. 2002-R0227/BID #099-02/RS-for Chemical Toilet
Rental -Annual Pricing (Purchasing).
RESOLUTION NO. 2002-RO227
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
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Page 436
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 Letter of Award for
chemical toilet rental - annual pricing, by and between the City of Lubbock and
Berryhill Sewer Service, Inc. of Lubbock, Texas, and related documents. Said Letter is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
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June 13, 2002
Page 437
Passed by the City Council this 13th day of June, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Letter is filed with Resolution No. 2002-R0227.
This bid establishes annual pricing for the rental of chemical toilets on an
as -needed basis. Various City of Lubbock departments will utilize this
contract for their maintenance, construction, and program requirements.
This contract term is for one year with an option to renew annually for up
to two additional one-year terms.
The low bid is $11,850 per year from Berryhill Sewer Service, Inc. of
Lubbock, Texas and is within the operating budget of the various
departments.
(36.) Resolution No. 2002-R0228/BID #120-02/BM4or Refurbishment of
three aircraft loading bridges (Aviation).
RESOLUTION NO. 2002-RO228
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 for
refurbishment of three aircraft loading bridges, by and between the City of Lubbock and
FMC Technologies of Ogden, Ut., and related documents. Said Contract is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included
in the minutes of the City Council.
Passed by the City Council this 13th day of June, 2002.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
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Regular City Council Meeting
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Page 438
APPROVED AS TO FORM:
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Contract is filed with Resolution No. 2002-R0228.
This is a sole source purchase for an extensive factory modification of
mechanical and structural components of three aircraft loading bridges that
are approximately 20 years old at Lubbock International Airport. This
work can only be performed by the equipment manufacturer. One of the
bridges recently suffered mechanical and structural damage due to failure.
This work will be performed by FMC Airport Systems of Ogden, Utah for
the contract amount of $209,762. This amount is within the Jet Bridge
Refurbishment budget.
Staff recommends award of each bid to the bidder as indicated on the tab
sheets and award of each contract as shown on the resolutions and that the
Mayor be authorized to execute all documents necessary for each
transaction.
Next item to be considered was Item No. 15.
ORDINANCES FOR PASSAGE
Second Readings
(37.) Ordinance #2002-00068-Assessments for paving improvements on the
Milwaukee Avenue Paving Assessment (second of three readings).
This item was considered following Item No. 33.
ORDINANCE NO. 2002-00068
AN ORDINANCE CLOSING A HEARING AND LEVYING ASSESSMENTS
FOR PART OF THE COST OF IMPROVING THE FOLLOWING STREET:
MILWAUKEE AVENUE FROM FM 2255 (4TH STREET) TO 34TH STREET SUCH
PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING
ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE
A PART HEREOF, AND PORTIONS OF OTHER SUNDRY STREETS,
HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK,
TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY, AND
PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE
ISSUANCE OF ASSIGNABLE CERTIFICATIONS ON EVIDENCE HEREOF,
ALLOCATING FUNDS.
On May 23, 2002 the City Council conducted a public hearing to consider
a paving assessment for a portion of Milwaukee Avenue, and conducted
the first of three readings required for the paving assessment ordinance.
After the public hearing, the Council made the following decisions relative
to the street.
Parcels 1 (Walter Mantooth), 15 (Doug Corley), 34 (Scott MacKenzie),
and 47 (Ron Betenbough), which are unplatted, will be assessed at the
recommended rate of $73.11 per linear foot. Payment of the assessment
for these properties is to be delayed until such time as the properties are
platted, with no interest charges. At the time each property is platted the
assessment amount will be due in full.
At the Council's request, the economic effect of delaying payment of these
four assessments has been determined by the City Finance Department
based on some broad assumptions. The analysis indicates the City will
lose $9,813.06 in investment revenue and $23,909.66 in interest for
normal assessment payouts over four years, for a total of $33,722.72 in
deferred interest revenue as a result of the delayed payments. Following
is the financial analysis as calculated by the Finance Department.
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Regular City Council Meeting
June 13, 2002
Page 439
Deferral of Paving Assessment Collections
Deferral of Paving Assessment Collections
Parcel 47 - Betenbough - NE corner of 19th & Milwaukee - 3 years
=
33,630.60
Parcel 15 - Corley - NW corner of 19th & Milwaukee - 4 years
=
15,937.98
Parcel 34 - Mackenzie - SE corner of 4th & Milwaukee - 5 years
=
51,908.10
Parcel 1 - Mantooth - SW corner of 4th & Milwaukee - 5 years
=
47.958.70
Lost Investment
Amount
Yield
Outstanding
Q 4.55%
Year 1
29,887.08
1,359.86
Year 2
59,774.15
2,719.72
Year 3
56,030.63
2,549.39
Year 4
69,979.72
3,184.08
Year 5
-
-
Total Interest
9,813.06
Total
Deferred
Amount
Interest
Interest
Outstanding
@ 4.9%
Revenue
149,435.38
119,548.30
5,857.87
7,217.73
89,661.23
4,393.40
7,113.12
59,774.15
2,928.93
5,478.33
29,887.08
1,464.47
4,648.54
14,644.67
24,457.72
Amount
Yield
Amount
Interest
Deferred
Outstanding
@ 4.55%
Outstanding
0 8.0%
Interest
Revenue
149,435.38
Year 1
29,887.08
1,359.86
119,548.30
9,563.86
10,923.73
Year 2
59,774.15
2,719.72
89,661.23
7,172.90
9,892.62
Year 3
56,030.63
2,549.39
59,774.15
4,781.93
7,331.33
Year 4
69,979.72
3,184.08
29,887.08
2,390.97
5,575.04
Year 5
-
-
-
-
Total Interest
23,909.66
33,722.72
9,813.06
Parcel 17 (C & S Development) is to be assessed at the recommended rate
of $42.74 per linear foot. Parcel 77 (Mary E. Clements, et al) is to be
assessed at the recommended rate of $45.70 per linear foot. These two
parcels have been previously platted. Payment of the assessment for these
two properties will be due at the time the paving improvements are
completed, and may be paid in full or in 5 annual payments at 8 % interest.
The Council voted not to assess the remaining parcels, which are zoned
residential, are below high-water of a lake, or have previously deposited
prepaid paving with the City.
The Milwaukee project was designed, bid and is being constructed by the
Texas Department of Transportation (TxDOT). The appraisal rates to be
assessed against the abutting properties are less than the City's
participation in the costs of the project.
For the second reading, staff recommended approval of the ordinance with
the assessment rates as indicated above.
At a future meeting the Council will consider the third and final reading of
the ordinance.
Councilmember Hernandez had asked at May 23, 2002 Council meeting to
be furnished with information which he has not received. Bob Cass, City
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Regular City Council Meeting
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Page 440
Manager, asked that he clarify this question. Councilmember Hernandez
stated that we have prepaid monies and paving assessment monies and the
project isn't always completed at that time, but at a future date.
Therefore, we have a pool of funds as a result of this that is used to pave
other streets, or are they kept separate?
Keith Smith, Senior Civil Engineer, stated it was kept in separate
accounts.
Bob Cass, City Manager, said research would be done and would be
brought before Council at a later work session.
Mayor McDougal stated that this would include (1) delaying assessments
until platting and (2) no assessments on current residential homes.
Motion was made by Councilmember Patterson, seconded by
Councilmember Martin to pass on second reading Ordinance No. 2002-
00068 as recommended by staff. Motion carried: 6 Yeas, 1 Nays.
Councilmember Hernandez voted Nay.
(38.) Ordinance #2002-00069-Adopting the 2000 International Residential
Code with local amendments (second and final reading).
ORDINANCE NO.2002-00069
AN ORDINANCE ADDING ARTICLE VI OF CHAPTER SIX OF THE CODE
OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS WITH REGARD TO
ADOPTING THE 2000 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE
AND PROVIDING FOR CERTAIN AMENDMENT IN ORDER TO MEET LOCAL
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION. THIS ORDINANCE SHALL TAKE
PRECEDENT OVER ALL OTHER PORTIONS OF CHAPTER 6 IN REGARD TO
ONE AND TWO FAMILY DWELLNGS EXCEPT FOR THE ADMINISTRATIVE
PROVISIONS.
Late in preparing the International Residential Code, it was discovered
there were five printings of the document. Therefore, we have added the
clarification that we are adopting the fifth printing. Most of the
differences in the various printings are clerical in nature.
In our first reading document in Section 6-304 there was a typographical
error; "cave" should have read "eave" .
Section 6-305 had new language clarifying lighting requirements for
stairways.
Section 6-306 corrected a numbering error by clarifying when glass is
required to be impact resistant in bathrooms (less than 60" from tub
enclosure).
Section 6-307 deleting the word floor in R310.1.
Section 6-312 had the change to the wrong paragraph.
Section 6-331 R403.1 changed the word "depth" to "width".
Section 6-351 was changed by adding delete R703.7.6.
The changes between the printings may be found on the Internet at
http://www.inticode.org/codes/errata/032902irc5.PDF.
Staff recommends approval of the ordinance.
Motion was made by Councilmember Patterson, seconded by
Councilmember Martin to pass on second and final reading Ordinance No.
2002-00069 as recommended by staff. Motion carried: 7 Yeas, 0 Nays.
ADMINISTRATIVE SERVICES
Materials Management
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Page 441
(39.) Resolution No. 2002-R0233/BID #061-02/RW-for Automatic External
Defibrillators (Human Resources).
RESOLUTION NO. 2002-RO233
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 Purchase Order for
automatic external defibrillators, by and between the City of Lubbock and Phillips
Medical Systems of Seattle, Wa., and related documents. Said Purchase Order is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this 13th day of June, 2002.
/S/ MARK MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
/s/ William de Haas
William de Haas, Contract Manager/Attorney
A copy of the Purchase Order is filed with Resolution No. 2002-R0233.
This bid is for the purchase of 63 automated external defibrillators and
wall cabinets that will be strategically distributed throughout several
municipal facilities for use by both City of Lubbock personnel and private
citizens to help treat victims suffering cardiac arrest. These defibrillators
are designed for simple operation, rugged and durable construction, low
maintenance, portable and lightweight, and data management friendly.
The low bid is $119,385 from Philips Medical Systems of Seattle,
Washington and is within the Self Insurance Fund Medical Supplies
budget.
Staff recommends award of the bid to the bidder as indicated on the tab
sheet and award of the contract as shown on the resolution and that the
Mayor be authorized to execute all documents necessary for this
transaction.
Motion was made by Councilmember Martin, seconded by
Councilmember Cooke to pass Resolution No. 2002-RO233 as
recommended by staff. Motion carried: 7 Yeas, 0 Nays.
PUBLIC SAFETY
Fire
(40.) Resolution No. 2002-RO234 authorizing the City Manager to execute a
lease agreement with South Plains College, allowing the utilization of
the fire training facilities owned by the City of Lubbock.
RESOLUTION NO. 2002-RO234
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Page 442
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, a Contract between the City
of Lubbock and South Plains College to provide the use of the "Lubbock Fire Training
Facility" to train students for basic fire suppression certification. Said Contract is attached
hereto and incorporated in this Resolution as if fully set forth herein and shall be included
in the minutes of the Council.
Passed by the City Council this 13th day of June, 2002.
/S/ MARC MCDOUGAL
MARC McDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Steve Hailey
Steve Hailey, Fire Chief
APPROVED AS TO FORM:
/s/ John Knight
John Knight, Assistant City Attorney
A copy of the Contract is filed with Resolution No. 2002-R0234.
The Lubbock Fire Department has been working with South Plains
College to develop a joint firefighter certification program. Once
completed this program will allow the Fire Department to hire only
certified firefighters, which will provide a cost savings to the city by not
having to pay new firefighters while they are being trained, as well as
other benefits. The concept is being utilized by more and more cities
across the State. In order for the College to hold these classes, they must
have, or have access to, an approved training facility, as per the Texas
Commission on Fire Protection rules. This lease agreement will satisfy
that requirement.
Terms of the lease agreement include the payment of $350 per month to
the City of Lubbock.
12:10 P.M. Councilmembers Cooke left the dais
12:11 P.M. Councilmember Boren left the dais.
12:15 P.M. Councilmember Boren returned.
12:17 P.M. Councilmember Martin left the dais.
The Fire Department recommended approval of this resolution.
Mayor Pro Tern Hernandez had some concerns that using different
instructors, i.e. off -duty fire fighters and South Plains College instructors,
would cause inconsistencies in training, quality, and in using city owned
facilities to train students that might go to other cities.
Motion was made by Councilmember Cooke, seconded by
Councilmember Morrison to pass Resolution No. 2002-RO234 as
recommended by staff. Motion carried: 4 Yeas, 1 Nays. Councilmember
Hernandez voted Nay. Councilmembers Cooke and Martin were away
from the dais.
12:19 P.M. Councilmember Cooke returned to the dais.
MISCELLANEOUS
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Budget and Research
(41.) Resolution No. 2002-R authorizing the Mayor to make changes to
the City of Lubbock FY 2001-02 General Fund Operating Budget to
accommodate changes to selected user fees.
This item was continued until August 8, 2002 City Council Meeting.
The Revised General Fund Budget approved by the City Council on May
23, 2002 included use of fund balance of $100,000. This use of fund
balance was needed to assist in balancing the General Fund budget after
the City Council decided that no user fees would be changed at that time.
Changes approved by the City Council on user fees today would
essentially reduce the need to use the $100,000 fund balance. The amount
to be received if all recommended fee changes were implemented would
be approximately $400,000 annually. The attachment shows a $100,000
reduction in utilization of fund balance, along with an increase in revenue
of $100,000 to accommodate the additional. monies to be collected as a
result of changes to the user fees.
Included as a loose attachment is a packet outlining staff suggested
increases in various user fees. This is the same information provided at
your last meeting. Staff will be prepared to discuss these fully on
Thursday. Much of the discussion has focused on potential revenues
generated by these fees. Staff fully understands, however, that you may
want to discuss the philosophy behind any or all of these fees and will be
fully supportive of any decision made by Council.
Councilmember Boren stated he was not in favor of the user fee concept
as presented to the Council. He was unhappy about using consultants
instead of city employees. He also feels a fee is the same as a tax and that
the city should provide a lot of these services.
Councilmember Morrison asked about the capital amortization.
Councilmember Hernandez was concerned that all user fees were not
looked at and some programs had been cut.
Bob Cass, City Manager, presented comments and stated they needed the
Council's philosophy on these issues.
Beverly Hodges, Director of Finances, presented staff comments
Councilmember Patterson suggested Council talk about these items in
budget session and get more specific.
12:23 P.M. Councilmember Martin returned to the dais.
Mayor McDougal mentioned under Building Inspections Category 1, he
thought they had talked about moving the fence over seven feet. Bob
Cass, City Manager stated that six feet was an error and that it should be
seven feet. Mayor McDougal also asked if anyone was getting the permits
for these and do we need to have this.
Craig Farmer, Managing Director of Planning and Transportation, said
they required them, but most new home were meeting the requirements.
There were also questions concerning little league fees, which are to be
discussed at the budget session.
Councilmember Martin mentioned this item authorized the Mayor to make
changes to the budget. He asked if this resolution was passed would it
allow the Mayor to make all of these changes?
Anita Burgess, City Attorney, stated that in the past the City has allowed
resolutions in connection with minor changes to the budget and other times
they have required ordinances if deemed to be a major change. She stated
they believe it to be acceptable at this time
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Councilmember Martin mentioned that at the last meeting he had
suggested and the Council adopted a budget amendment to revise the
budget to use fund balance, to balance the budget and put this off to a
later work session which has not been held. In the budget session, he
suggested that the fee changes should be incorporated into the budget
process.
Staff recommended approval of the resolution.
Motion was made by Councilmember Hernandez, seconded by
Councilmember Patterson to continue this resolution to the August 8th,
2002 City Council Meeting. Motion carried: 7 Yeas, 0 Nays.
BOARD APPOINTMENTS
(42.) Consider two appointments to the Transportation Policy Committee
for the Lubbock Metropolitan Planning Organization.
The Lubbock Metropolitan Planning Organization was established to work
in conjunction with the City of Lubbock, Lubbock County and the Texas
Department of Transportation to develop a coordinated, consistent road
system. The Transportation Policy Committee (TCP) is the policy -making
group, approving transportation plans and programs that involve federal
funding issues. The Federal requirements do not require elected officials
to serve on the Committee, yet they recommend that local decision -makers
be included in Committee membership. Current members are Councilman
Victor Hernandez and former Councilman Randy Neugebauer. The
amended bylaws approved by the Transportation Policy Committee on
May 26, 1998, call for "Two representatives of the City of Lubbock
(including at least one elected official) —appointed by the City Council."
This is a two-year appointment.
At this time the Transportation Policy Committee requests the City of
Lubbock City Council to appoint one elected official as a member of the
Transportation Policy committee to represent the City of Lubbock and one
Council appointee.
Motion was made by Councilmember Cooke, seconded by
Councilmember Morrison to appoint Victor Hernandez and Randy
Neugebauer to the Transportation Policy Committee for the Lubbock
Metropolitan Planning Organization. Motion carried: 7 Yeas, 0 Nays.
(43.) Consider one appointment to the Appointments Advisory Board.
Motion was made by Councilmember Cooke, seconded by
Councilmember Morrison to appoint Eddie McBride to the Appointments
Advisory Board. Motion carried: 7 Yeas, 0 Nays.
(44.) Consider one appointment to the Canadian River Municipal Water
Authority Board.
Motion was made by Councilmember Cooke, seconded by
Councilmember Morrison to reappoint Robert Rodgers to the Canadian
River Municipal Water Authority Board. Motion carried: 7 Yeas, 0 Nays.
(45.) Consider five appointments to the Youth Commission -Students.
Motion was made by Councilmember Cooke, seconded by
Councilmember Morrison to appoint Jennifer Holland, Jared Jones, James
Neece, Eric Stow, and Zakary Wyatt to the Youth Commission -Students.
Motion carried: 7 Yeas, 0 Nays.
12:45 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
1:30 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Councilmember
Patterson adjourned the meeting.
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Regular City Council Meeting
June 13, 2002
Page 445
Read and approved this,day of ,c1a�-
ARC NICDOUGAL, MAYOR
ATTEST:
— Rebecca Garza, City Secretary
445