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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/12/1997CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING June 12,1997 8:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 12th day of June, 1997 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 8:00 A.M. Present: Mayor 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, First Assistant City Attorney Don Vandiver, and Deputy City Secretary Andrea Bell. Absent: City Attorney Anita Burgess and City Secretary Kaythie Darnell 8:00 A.M. CITY COUNCIL CONVENES City Council Chambers, 1625 13th Street, Lubbock, Texas Mayor Sitton stated the Council will be holding an Executive session in accordance with the V.T.C.A. Government Code to discuss personnel matters (City Manager), pending or contemplated litigation (Planning, Police and Water Utilities), to deliberate the purchase, exchange, lease, or value of real property (Electric Utilities and Fire Department), and to discuss personnel matters regarding duties, responsibilities, and/or appointments to the Public Arts Commission. 8:02 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). (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071 to discuss pending or contemplated litigation (Planning, Police, and Water Utilities). (3.) 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 (Electric Utilities and Fire Department). (4.) 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: Public Arts Commission 9:31 A.M. WORK SESSION CONVENES Committee Room 103 (5.) Discuss regular agenda items. Delete Items Number 27, 40, 41 and 45. Move Items Number 16 and 23 from Consent Agenda to Regular Agenda. City Council Minutes June 12, 1997 Page308 (6.) Reese Redevelopment Update (Eddie McBride). (7.) Presentation on activities of the Department of Cultural Arts; Culture & Leisure Services Division (Connie Gibbons). (8.) Discuss Five Year Capital Improvements Program Process (Jim Bertram). (9.) Presentation of the Community Development & Service Board's recommendations for the use of 1997-98 Community Development Federal Funds (Jim Gomez and Doug Goodman). (10.) Discuss legislative issues. Item not covered. 10:17 A.M. CITY COUNCIL WORK SESSION RECESSES 10:31 A.M. CITY COUNCIL REGULAR MEETING RECONVENES City Council Chambers Mayor Sitton called the meeting to order at 10:31 A.M. (11.) The Invocation was given by Pastor Ron Wood, First Presbyterian Church. (12.) Pledge of Allegiance was given in unison by those in the City Council Chambers. 10:34 A.M. CITY COUNCIL REGULAR MEETING RECESSES TO WORK SESSION Presentation on activities of the Department of Cultural Arts; Culture & Leisure Services Division (Connie Gibbons) 11:10 A.M. CITY COUNCIL REGULAR MEETING RECONVENES BOARD APPOINTMENTS Committee for Women Receiving: Sara Stalcup Community Development & Services Board Receiving: Tom Mullen Electric Utility Board Receiving: Gail Kring Electric Utility Board Receiving: Tony Whitehead Appointments Advisory Board Receiving: Wanda Wesson Appointments Advisory Board Receiving: Connie Blosser Board of Health Receiving: Dr. J. Davis Armistead 308 City Council Minutes June 12, 1997 Page 309 Neighborhood Redevelopment Commission Receiving: Melba Richards (not present) Structural Standards Commission Receiving: Marjorie Manning (not present) CITIZEN APPEARANCES (13.) Presentation by Mayor Sitton designating weekend of June 14, 1997 as Ringling Brothers and Barnum & Bailey Circus Weekend. Molly and David, two clowns from the Circus, accepted a Special Recognition. The 126th Edition of Ringling Brothers and Barnum and Bailey is high-tech with rapid-fire special effects, pulsating pyrotechnics, and lots of excitement. This circus has provided parents, children, and grandchildren with generations of wonderful and enriching family entertainment. Ringling Brothers and Barnum & Bailey endlessly search the far corners of the world for human skill and feats of amazement. For the past 126 years, children of all ages across America have been educated, delighted, and enchanted by the Ringling Brothers and Barnum & Bailey Circus! (14.) Presentation of update on activity of Board of Health, Richard 011er, Chair. Mayor Windy Sitton asked that a representative from each board address the City Council members. Chair of the Board of Health, Richard 011er, gave a brief overview of the functions and accomplishments of the Board of Health. The Board of Health considers and makes recommendations to the City Council on any and all matters pertaining to the public health of the City. Mr. 011er presented the list of board members and stated that ideally there would be a doctor, a veterinarian, and/or a dentist on the board. Presently the board does not have any of these professions. 011er expressed concern for the youth of the community and mentioned they are our present and our future. Mayor Sitton asked if board needed anything from council. Mr. 011er responded, reminding the council the importance of getting people in place on the board and the importance of the Board of Health. Councilmember Hernandez asked the time line on getting back with council on the dental program. 011er said they were ready now but would address council again as soon as possible. (15.) Presentation by Gertie Jeter of Civic Lubbock , Inc., on agreement between Civic Lubbock, Inc. and the Texas Professional Baseball, Inc. 309 City Council Minutes June 12, 1997 Page 310 Civic Lubbock , Inc., (CLI) a non-profit private corporation, has entered into an agreement with the Texas Professional Baseball League to deliver the service of beer at Dan Law Field for a term of 32 days during the months of June, July, and August, 1997. Civic Lubbock, Inc. carries a liquor license issued by Texas Alcohol Beverage Commission (TABC) and has the authority to cater events. Civic Lubbock, Inc. is currently under contract with the City of Lubbock to deliver liquor service at City owned facilities. CLI currently pays the City 20 per cent of gross commissions generated from liquor sales at City owned facilities and all proceeds from all revenue generated activities performed by CLI are dedicated to a pure public purpose, i.e. Public Art within the Civic Center District. Since this does not involve a City facility, CLI is proposing no fee to the City. Gertie Jeter with CLI presented the agreement between Civic Lubbock, Inc. and the Texas Professional Baseball, Inc. to the City Council for review. Councilmember Neugebauer expressed his concerns about this entity coming to Civic Lubbock, Inc., only for a liquor license. Ms. Jeter remarked that CLI has been established for over 50 years dealing with the arts all this time. She asked council to look at the track record and the sound judgments made in the past. Councilmember Hernandez questioned the amount of money or projected income CLI expected to make. Ms. Jeter stated that the first 6 games had netted $1700.00 and projected total net income would be between $15,000 to $20,000. After much discussion about the different projects Civic Lubbock, Inc. has been involved with over the years, Councilmember Hernandez remarked that the public benefited from CLI. He stated that they were looking outside the "box" and commended them for work well done. Mayor Sitton asked about the city's liability. First Assistant City Attorney Don Vandiver replied CLI is an independent corporation. Vandiver stated there is some liability but no greater than already exists. Staff is supportive of CLI's approach. CITIZENS COMMENTS Mark Proctor shared with council the Leadership Lubbock class project. The class has been successful with the challenge of improving city's image. Molly Irvin with Methodist Hospital stated the primary issue is "the people". A volunteer group was established, Citizen's For Lubbock, with a mission to promote and instill pride. John Drake, Plains National Bank, presented a marketing plan and gave the "Buddy Pledge" to councilmembers and all in council chambers. 310 City Council Minutes June 12, 1997 Page 311 Marilyn Turnbow, a concerned mother, came forward with concerns regarding her son and criminal mischief and assault at her residence. Her complaint was with the Police Department. Councilmember Ince asked Police Chief Walker to speak with Mrs. Turnbow. Mikel Ward asked council to keep larger picture in mind. The cost of living is affected with each fee, fine, etc. Overall economic burden to citizens who are "nickeled and dimed". Dr. Lester Paine of Applegate Apartments spoke of his concern about drug addicts in community. Since he took over he has displaced numerous drug dealers. Commended Community Development for the work they have done. Councilmember Hernandez asked if this was the time for Dr. Paine to make his presentation. He stated he would be better served at next council meeting when council would be looking in depth at funding different projects. Councilmember Nelson gave his Top Ten Positive List. 12:28 P.M. CITY COUNCIL REGULAR MEETING RECESSES 1:30 P.M. CITY COUNCIL REGULAR MEETING RECONVENES (17.) Ordinance No. 9991 -- Zone Case No. 2793 (1501 E. Ursuline): Request of Ed Bucy, City of Lubbock, (for Joe Greenlee) for zoning change from R-1 to IDP on 18.4 acres of land out of Section 7, Block A. ORDINANCE NO. 9991 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2793 A ZONING CHANGE FROM R-1 TO IDP ZONING ON 18.4 ACRES OF LAND OUT OF SECTION 7, BLOCK A, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass on second and final reading Ordinance No. 9991 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmembers Cooke and Patterson were off the dais. (18.) Ordinance No. 9992 -- Zone Case No. 1713-B (5503 Brownfield Highway): Request of Wilkerson Investment Company for zoning change from C-3 to IHC on Tract E of Lot 1-11, Block 1, Westmoreland Addition. ORDINANCE NO.9992 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1713-13: A ZONING CHANGE FROM C-3 TO IHC, ZONING ON TRACT E OF LOT 1-B, BLOCK 1, WESTMORELAND ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 311 City Council Minutes June 12, 1997 Page 312 Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass on second and final reading Ordinance No. 9992 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmembers Cooke and Patterson were off the dais. (19.) Ordinance No. 9993 -- Zone Case No. 1999-G (5505 Brownfield Highway): Request of Robert Ready (forReady Auto Sales) for zoning change from C-4 Specific Use to IHC on Tract F of Lot 1-B, Block 1, Westmoreland Addition. ORDINANCE NO. 9993 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1999-G: A ZONING CHANGE FROM C-4 SPECIFIC USE TO IHC, ZONING ON TRACT F OF LOT 1-B, BLOCK 1, WESTMORELAND ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass on second and final reading Ordinance No. 9993 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmembers Cooke and Patterson were off the dais. (20.) Ordinance No. 9994 -- Zone Case No. 1771-B (5155 Aberdeen): Request of John Hartsfield for zoning change from C-2 to C-4 limited to trailer/truck rental, moving supply sales and all permitted C-2 uses on Lots 8, 98 and 99, Buster Long Addition. ORDINANCE NO. 9994 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1771-B: A ZONING CHANGE FROM C-2 TO C-4 LIMITED TO TRAILER/TRUCK RENTAL, MOVING SUPPLY SALES AND ALL PERMITTED C-2 USES, ZONING ON LOTS 8, 98 AND 99, BUSTER LONG ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass on second and final reading Ordinance No. 9994 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmembers Cooke and Patterson were off the dais. (21.) Consider Resolution No. 5502 authorizing the Mayor to execute a professional services contract with PMK Consulting Group, Incorporated to develop a requirements definition. 312 City Council Minutes June 12, 1997 Page 313 RESOLUTION NO. 5502 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 Professional Services Agreement with PMK Consulting Group, Inc., to define requirements to automate the City of Lubbock Environmental Inspection Department. 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 Council. Passed by the City Council this 12th day of June, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Sharlett Chowning Sharlett Chowning Information Services Manager APPROVED AS TO FORM: _ /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney/Office Practice Section A copy of the Agreement is filed with Resolution 5502. The Environmental Inspection department, as it has evolved, has a unique set of computerization needs. PMK will analyze the existing system, identify the current processes, and determine the requirements for developing or purchasing a computer system to meet their needs. This project will result in a document outlining the functional definitions of a total system for EIS. The total price of this agreement is $20,000 and is scheduled to be completed by August of 1997. Information Services recommended the approval of this resolution. Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass Resolution No. 5502 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmembers Cooke and Patterson were off the dais. 313 City Council Minutes June 12, 1997 Page 314 (22.) Consider Resolution No. 5503 authorizing the Mayor to execute a professional services contract with OTM Engineering to provide consulting services on a City-wide Communications Master Plan. RESOLUTION NO. 5503 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 Professional Services Agreement with OTM Engineering to develop a Communications Master Plan. 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 Council. Passed by the City Council this 12th day of June, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Sharlett Chowning Sharlett Chowning Information Services Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney/Office Practice Section A copy of the Agreement is filed with Resolution 5503. The City of Lubbock is in the process of defining a Communications Master Plan, inclusive of the current fiber optics network, existing RF networks, and the telephone circuits. Such a Master Plan will allow the City departments to solve their immediate communications issues, while maintaining an overall conceptual design. The plan will also provide implementation standards and guidelines. OTM Engineering is a Texas company and has experience in similar projects. The cost of this consulting contract will be $17,750. Completion of the plan is scheduled for August, 1997. Information Services recommended the approval of this resolution. Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass Resolution No. 5503 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmembers Cooke and Patterson were off the dais. 314 City Council Minutes June 12, 1997 Page 315 (24.) Consider Resolution No. 5505 authorizing the Mayor to execute a street monitor well permit with the Mayfield Van Lines and Warehouse for use of the City Street (1340 E. 44th Street). RESOLUTION NO. 5505 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 Street/Alley and/or City Public Grounds Monitor Well Permit by and between the City of Lubbock and Mayfield Van Lines and Warehouse, 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 12th day of June, 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/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Well Permit is filed with Resolution 5505. This permit allows the Mayfield Van Lines and Warehouse representative, Grimes and Associates, to drill a groundwater monitor well in the south parkway of East 44th Street just west of Martin Luther King, Jr. Blvd. This well will give Grimes and Associates a means of checking possible water pollution which has occurred from previously leaking underground fuel tanks at the Mayfield Van Lines on the north side of East 44th Street. The Texas Natural Resource Conservation Commission has asked them to go off -site with this monitor well. All utilities are in agreement and the City will receive $100 per year for this well location. This permit is for twenty years, payable every five years in advance. The Right -of -Way Department recommended the approval of this monitor well permit. Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass Resolution No. 5505 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmembers Cooke and Patterson were off the dais. 315 City Council Minutes June 12, 1997 Page 316 (25.) Consider Resolution No. 5506 authorizing the Mayor to execute a Quitclaim Deed in favor of Misti L. Warren and Howard L. Warren (3401 41st Street). RESOLUTION NO. 5506 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quitclaim Deed in favor of Misti L. Warren and Howard L. Warren, 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 12th day of June, 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/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Quitclaim Deed is filed with Resolution 5506. This resolution authorizes the Mayor to convey a 26.82 foot wide by 130.00 foot long strip of excess Indiana Avenue right-of-way to the adjacent property owner, Misti and Howard Warren. The City is selling this 26.82 front foot wide strip of Indiana Avenue right- of-way to Mr. and Mrs. Warren for $5.00 per front foot or $134.10 total. The Right -of -Way Department recommended the approval of this Quitclaim Deed. Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass Resolution No. 5506 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmembers Cooke and Patterson were off the dais. 316 City Council Minutes June 12, 1997 Page 317 (26.) Consider Resolution No. 5507 authorizing the Mayor to execute a lease with Bleacher's Sports Cafe (1910 Texas Avenue). RESOLUTION NO. 5507 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 between the City of Lubbock and Bleacher's Sports Cafe, attached hereto and incorporated herein as if fully set forth and shall be included in the minutes of this Council. Passed by the City Council this 12th day of June, 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/ Linda L. Chamales Linda L. Chamales, Supervising Attorney/Office Practice Section A copy of the Lease Agreement is filed with Resolution 5507. This lease agreement is for Kurt McMillan of Bleacher's Sports Cafe to lease approximately 64 spaces of the City's Health Department parking lot at the southwest corner of 19th Street and Texas Avenue. Additional parking is needed for the customers of the Cafe during the evening and nighttime hours. The lease is for one year and the City will receive $240 per month for this lease. This has been calculated as follows: $15 per space (typical monthly downtown parking lot space rental rate) x 64 spaces = $960. Only 15 days of the month will parking occur on these spaces and they will be leased only 12 hours a day maximum. Therefore, $960 x '/z month x '/z day = $240 due the City per month. The Right -of -Way Department recommended the approval of this lease. Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass Resolution No. 5507 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Cooke and Patterson were off the dais. 317 City Council Minutes June 12, 1997 Page 318 (27.) Consider Resolution authorizing the Mayor to execute a Supplemental Grant Agreement by and between the City of Lubbock and Market Lubbock, Inc. This item was deleted from the agenda. (28.) Consider Resolution No. 5508 authorizing the Mayor to execute a subordination agreement on behalf of David Wayne Messick and Whisperwood Bank on a Deed of Trust under the HOME Entitlement Program. RESOLUTION NO. 5508 WHEREAS, the City of Lubbock recognizes the need for high quality private homes for the elderly; and WHEREAS, the City of Lubbock desires to assist private individuals and businesses in the creation of new and higher paying jobs; and WHEREAS, David Wayne Messick, a Lubbock businessman, agrees to develop a sisteen unit private care unit for the elderly that will employ ten full-time workers; and WHEREAS, granting a Subordination Agreement between the City of Lubbock and David Wayne Messick will serve a public purpose by assisting David Wayne Messick to obtain financing to develop a home for the elderly and create permanent new jobs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of Lubbock BE and is hereby authorized and directed to execute for an on behalf of the City of Lubbock a Subordination Agreement and all related documents with David Wayne Messick. 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 12th day of June, 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director Health & Community Services APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR 318 City Council Minutes June 12, 1997 Page 319 A copy of the Subordination Agreement is filed with Resolution 5508. This item was presented at the May 22, 1997 City Council meeting. At that time, the item was tabled. Councilmember Neugebauer questioned whether or not subordinating the City's first lien position on the Sunset Square Apartments to use as collateral for the development of a 16 unit private care home was in the best interest of the City. The rehabilitation of the Sunset Square Apartments (previously the Montrose Apartments) located at 1604 38th Street was funded at $100,000 through the HOME program in May, 1995. Mr. Messick had a first lien for $82,000 with Norwest Bank on that property, which has now been paid, moving the City's lien into first position. He is requesting the subordination of the City's first lien for $82,000 to obtain a loan with Whisperwood Bank to build a new 16 unit elderly, private care home to be located at 4613 66th Street. The total cost for the project will be $390,000 with 50 per cent of the financing coming from Whisperwood, 35 per cent from SPAG and 15 per cent from David Messick. The following factors were considered by the City staff regarding this request. The new construction project will promote economic development through the purchase of materials and supplies during the construction of the complex and will create approximately 27 interim construction jobs and 10 permanent jobs. The tax base will be increased and approximately $9,000 per year will be received in City, School and County taxes. Vacant land will be developed. HUD is encouraging public/private partnership, as well as new and creative ways to leverage funds with the private sector. This proposal addresses this HUD recommendation. This is an elderly private care home. Addressing the continuum of care for individuals with special needs is a priority with HUD. The need for elderly housing in the City is specifically addressed in the Consolidated Plan. This project addresses both of these priorities. David Messick paid the first lien off with Norwest Bank within two years. He has three years before the City's loan payments begin, because the loan was a five year deferred payment loan. Payments will begin June 10, 2000 for 180 months (or 15 year term) at 6 per cent interest. Interest will accrue during the five year deferred period for an additional $30,000 due beginning June 10, 2000. Total monthly payments will be $1,006 per month. The after -rehab estimated upper value of the appraisal is $230,000. The appraisal was done in May, 1995. 319 City Council Minutes June 12, 1997 Page 320 The City Inspectors and staff inspected the Sunset Square Apartments. The apartments are being well maintained. There were some minor routine maintenance items that were being repaired or were scheduled for repair at the time City staff was on site. The City randomly selected approximately half the 26 apartments for inspection. There is a manager on duty during the daytime. There is a positive cash flow on the Sunset Square Apartments at this time. When the City's payments of $1,006 begin, there will still be more than enough to maintain the apartments and make the payments. This is the case whether the apartments continue to be rented at capacity or drop to a 15 per cent vacancy rate, which is what Mr. Messick allowed in his proforma. Additionally, the proforma on the new complex indicates a positive cash flow with a 6.25 per cent vacancy rate. Mr. Messick also owns two other apartment complexes, which demonstrates the necessary capacity to successfully complete this project. Mr. Messick wants the Subordination Agreement for interim financing only. The interim financing period will be for 12 months. Based on the above factors, the staff recommended approval of the interim Subordination Agreement. Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass Resolution No. 5508 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmembers Cooke and Patterson were off the dais. (29.) Consider Resolution No. 5509 authorizing the change of the regular City Council meetings date and time for the months of June and July, 1997. RESOLUTION NO.5509 WHEREAS, the Charter of the City of Lubbock provides at Chapter 1, Article IX, Section 13, that the City Council shall meet at least twice each month as prescribed by ordinance or resolution; and WHEREAS, regular meetings of the City Council are established by City Council Rules, Order of Business and Procedures Section III, A, 1, pursuant to Resolution No. 1610, as being on the second and fourth Thursdays of each month; and WHEREAS, public hearing and budget matters will require changes to several upcoming City Council meetings; and WHEREAS, it is the opinion of the City Council that it would be in the best interest of the citizens of the City of Lubbock to provide for regular meetings in the following named instances on days or times other than those normally used for regular City Council meetings; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 320 City Council Minutes June 12, 1997 Page 321 THAT the following named regular City Council meetings shall be conducted on the dates indicated below because of public hearing and budget matters. Regular Date June 26, 1997 (10:30 A.M.) July 10, 1997 (10:30 A.M.) July 24, 1997 (10:30 A.M.) Revised Date June 26, 1997 (4:00 P.M.) July 14, 1997 (8:00 A.M.) July 16, 1997 (8:00 A.M.) Passed by the City Council this 12th day of June, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The City Charter provides that the City Council shall meet at least twice each month as prescribed by ordinance or resolution. Resolution #1610 establishes the second and fourth Thursdays of each month as the regular meeting dates of the City Council. Because of various conflicts and other business, the City staff is proposing the following revision to the regular City Council meeting dates: Regular Date Time Revised Date Time June 26th 10:30 AM June 26th 4 PM July IOth 10:30 AM July 14th 8 AM July 24th 10:30 AM July 16th 8 AM The second meeting, June 26, will be scheduled for 4:00 PM for the purpose of conducting a public hearing as required by the federal government for the Community Service block grant funds. The two meetings in July will be for the purpose of conducting FY 1997-98 budget reviews with the first session beginning Monday, July 14, and extending through Tuesday, July 15, if necessary. The second session will begin on Wednesday, July 16, and extend through Friday, July 18, or until the reviews are completed. Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass Resolution No. 5509 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmembers Cooke and Patterson were off the dais. 321 City Council Minutes June 12, 1997 Page 322 (30.) Bid #97076 - Underwater Inspection & Cleaning Service (Water Treatment) U. S. Underwater Services, Inc. Burleson, Texas Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to approve low bids meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. Councilmembers Cooke and Patterson were off the dais. (31.) Bid #97084 - Water & Sewer Utilities Installation Services (Water Utilities) H. D. Weaver Ditching Service, Inc. Lubbock, Texas Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to approve low bids meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. Councilmembers Cooke and Patterson were off the dais. (32.) Bid #97097 - Phil Hoel & Wheelock Park Playground (Park Development) RESOLUTION NO. 5510 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 Plains Builders, Inc., of Amarillo, Texas, to install and furnish all materials and services as bid for the Phil Hoel & Wheelock Park Playground Renovations, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of June, 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ WINDY SITTON WINDY SITTON, MAYOR CONTRACT 322 City Council Minutes June 12, 1997 Page 323 THIS AGREEMENT, made and entered into this 12th day of June, 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 Plains Builders, Inc., of the City of Amarillo, County of Randall, 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 #97097-PHIL HOEL & WHEELOCK PARK PLAYGROUND RENOVATION-$95,666.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Craig Wuensche Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ David Koetting CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Plains Builders, Inc. By: /s/ Tim Koetting PRINTED NAME: Tim Koetting TITLE: Vice President COMPLETE ADDRESS: Plains Builders, Inc. 7110 Canyon Drive Amarillo, Texas 79109-7002 323 City Council Minutes June 12, 1997 Page 324 Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to approve Resolution No. 5510 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. Councilmembers Cooke and Patterson were off the dais. (33.) Bid #97101 - Construction of Fire Station #5 Facility (Facilities Management) RESOLUTION NO.5511 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 LDC Construction Company, Inc., of Lubbock, Texas, to install and furnish all materials and services as bid for the construction of Fire Station #5 Facility, 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 12th day of June, 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/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 12th day of June, 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 LDC Construction Company, 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: 324 City Council Minutes June 12, 1997 Page 325 BID #97101 - CONSTRUCTION OF FIRE STATION #5 FACILITY - $719,193.00 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 City Attorney ATTEST: Corporate Secretary /s/ Troy Colby CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: LDC Construction Company, Inc. By: /s/ Fred Davis PRINTED NAME: Fred Davis TITLE: President COMPLETE ADDRESS: LDC Construction Company, Inc. P. O. Box 65251 Lubbock, Texas 79464 Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to approve Resolution No. 5511 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. Councilmembers Cooke and Patterson were off the dais. 325 City Council Minutes June 12, 1997 Page 326 (34.) Bid #97105 - Fireproofing at Mahon Library (Facilities Management) RESOLUTION NO.5512 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 Quality Service & Supply, Inc., of Amarillo, Texas, to install and furnish all materials and services as bid for the Fireproofing at Mahon Library, 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 12th day of June, 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ WINDY SITTON WINDY SITTON, MAYOR THIS AGREEMENT, made and entered into this 12th day of June, 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 Quality Service & Supply, Inc., of the City of Amarillo, County of Potter, 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 #97105 - FIREPROOFING AT MAHON LIBRARY - $48,550.00 326 City Council Minutes June 12, 1997 Page 327 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 Lisenbe Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ Jerry D. Johnson CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Quality Service & Supply, Inc. By: /s/ Steve H. Heiskell PRINTED NAME: Steve H. Heiskell TITLE: Project Manager COMPLETE ADDRESS: Quality Service & Supply, Inc. 1500 West 3rd Amarillo, Texas 79106 Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to approve Resolution No. 5512 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. Councilmembers Cooke and Patterson were off the dais. 327 City Council Minutes June 12, 1997 Page 328 (35.) Bid #97107 - Domestic Water Pipe Replacement at Fire Station #11 (Facilities Management) RESOLUTION NO 5513 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 Johnny Pope Plumbing of Lubbock, Texas, to install and furnish all materials and services as bid for the Domestic Water Pipe Replacement at Fire Station #11, 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 12th day of June, 1997. /s/ WINDY SITTON ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § WINDY SITTON, MAYOR THIS AGREEMENT, made and entered into this 12th day of June, 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 Johnny Pope Plumbing, 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 #97107-DOMESTIC WATER PIPE REPLACEMENT AT FIRE STATION #11-$20,950.00 328 City Council Minutes June 12, 1997 Page 329 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 Lisenbe 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: Johnny Pope Plumbing By: /s/ Johnny Pope PRINTED NAME: Johnny Pope TITLE: Partner COMPLETE ADDRESS: Johnny Pope Plumbing 7601 Oakridge Avenue Lubbock, Texas 79424 Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to approve Resolution No. 5513 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. Councilmembers Cooke and Patterson were off the dais. 329 City Council Minutes June 12, 1997 Page330 (36.) Bid #97113 - Reconstruction of Tennis Courts #3 & #9 at Municipal Tennis Center (Park Development) RESOLUTION NO.5514 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 RWG Construction Management, Inc., of Houston, Texas, to install and furnish all materials and services as bid for the Reconstruction of Tennis Courts #3 & #9 at Municipal Tennis Center, 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 12th day of June, 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/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 12th day of June, 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 RWG Construction Management, Inc., of the City of Houston, County of Harris, 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 #97113 - RECONSTRUCTION OF TENNIS COURTS #3 AND #9 AT MUNICIPAL TENNIS CENTER - $63,890.00 330 City Council Minutes June 12, 1997 Page 331 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Craig Wuensche Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ Charlotte Grabarschick CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: RWG Construction Management, Inc. By: /s/ Robert W. Grabarschick PRINTED NAME: Robert W. Grabarschick TITLE: President COMPLETE ADDRESS: RWG Construction Management, Inc. 15915 Katy Freeway, Suite 260 Houston, Texas 77094-1707 Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to approve Resolution No. 5514 as recommended by staff. Motion carried: 5 Yeas; 0 Nays. Councilmembers Cooke and Patterson were off the dais. (37.) Bid #97120 - Manhole & Trench Shielding (Water Utilities) The Plank Company Dallas, Texas Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to approve low bids meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. Councilmembers Cooke and Patterson were off the dais. 331 City Council Minutes June 12, 1997 Page 332 (38.) Bid #97126 - Generator Rotor Repair (Electric Production) Siemens Power Corporation Milwaukee, Wisconsin Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to approve low bids meeting specifications as recommended by staff. Motion carried: 5 Yeas; 0 Nays. Councilmembers Cooke and Patterson were off the dais. (16.) Motion was made by Councilmember Neugebauer and seconded by Councilmember Nelson to approve the minutes of the May 22, 1997, Regular City Council Meeting as corrected. Motion carried: 5 Yeas, 0 Nays. Councilmembers Cooke and Patterson were off the dais. (23.) Consider Resolution No. 5504 authorizing the Mayor to execute a tax abatement agreement with Chaparral Graphics Group, Inc. RESOLUTION NO. 5504 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement and all related documents by and between the City of Lubbock and Chaparral Graphics Group, Inc., and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of June, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Kevin Walker Kevin Walker, Business Liaison Officer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Agreement is filed with Resolution 5504. Staff have received a request from Chaparral Graphics Group, Inc. for industrial tax abatement in the South Enterprise Zone. Chaparral plans to expand their existing facility at 921 E. 66th Street. 332 City Council Minutes June 12, 1997 Page 333 Chaparral plans to invest a total of $1.44 million in the expansion. The breakdown will be $102,625 for the expansion of the existing facility, the remaining $1.34 million for machinery and equipment. The recommended abatement is 5 years at a declining schedule. The abatement amount for the City of Lubbock is: Year 1 100 per cent $7,667 Year 2 80 per cent $5,569 Year 3 60 per cent $3,986 Year 4 40 per cent $2,536 Year 5 20 per cent $1,211 The total City abatement over the life of the contract is $20,969. The total County abatement for this project over the life of the contract will be approximately $10,047. Chaparral Graphics currently employs 26 persons at their present location and plans to increase employment by 15 persons with the new expansion. The payroll generated by the new jobs is approximately $376,960 annually. The total per new job cost for this abatement, if approved, will be $1,398 for the City, and $670 for the county. The total combined per job cost is $2,068. The project will add $1.44 million in new value to the tax base in the South Enterprise Zone and will result in the creation of 15 new jobs. Under the current guidelines, Chaparral is eligible and meets all the criteria for tax abatement. Staff recommended approval of the tax abatement for a period of five years with a declining schedule of 20 per cent each year. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to pass Resolution No. 5504 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Cooke was off the dais. Councilmember Patterson had recused himself. (39.) Consider Resolution No. 5515 approving estimates of the cost of paving improvements on an assessment program and setting the date and time for a public hearing for the owners of the abutting property. RESOLUTION NO 5515 A RESOLUTION APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS IN THE NATURE OF GRADING, CONSTRUCTING CURB AND GUTTER, AND PAVING PORTIONS OF CERTAIN STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS ALONG THE BOUNDARY OF SAID CITY, FIXING THE TIME AND PLACE FOR A HEARING FOR THE OWNERS OF ABUTTING PROPERTY AND OTHER PERSONS INTERESTED IN SAID PROPERTY, AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SAID HEARING ON BEHALF OF THE GOVERNING BODY OF THE CITY OF LUBBOCK, TEXAS. 333 City Council Minutes June 12, 1997 Page 334 WHEREAS, the City Council of the City of Lubbock has heretofore ordered that portions of streets, highways, avenues and/or alleys be improved by grading, installing concrete curb and gutter, reinforced concrete alley pavement, and street pavement with caliche base and/or asphalt stabilized base and one and one-half (1-1/2) inch asphalt surface, together with incidentals and appurtenances; and WHEREAS, the City Council of the City of Lubbock has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates of the amount per front foot to be assessed against abutting property and the owners thereof, and such estimates have been prepared and examined; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. THAT such estimates be and are hereby adopted and approved. SECTION 2. THAT notice of a hearing be given to the owners of property abutting upon the hereinbelow mentioned portions of streets, highways, avenues and/or alleys, and to all others interested in said property. The Governing Body of the City of Lubbock has heretofore ordered that the following portions of streets, highways, avenues and/or alleys in and along the boundary of the City of Lubbock, Texas, be improved by raising, grading, filling and installing concrete curbs and gutters, minimum five (5) inch thick reinforced concrete alley pavement, street pavement with caliche base and/or asphalt stabilized base and one and one-half (1-1/2) inch asphalt surface where necessary on streets, highways, avenues and/or alleys designated below. It is hereby found and determined that the cost of the improvements on such portions of said streets, highways, avenues and/or alleys with the amount or amounts per front foot proposed to be assessed for such improvements against the abutting property and the owners thereof, on the portions of said streets, highways, avenues and/or alleys is as follows, to -wit: The following thirty-six (36) foot wide street: 26th Street from LaSalle Avenue to Kewanee Avenue, known and designated as Unit Number 2240, Sub - Unit 90. The total estimated cost of the improvements is $ 51,718.46. The estimated amount per front foot to be assessed against the abutting property and the owners thereof for curb and gutter is $ 8.21. The estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements exclusive of curb and gutter is $ 23.39 for front abutting property in R-1 or R-2 zones. The following forty-six (46) foot wide street: 66th Street from Frankford Avenue to Iola Avenue, known and designated as Unit Number 2241, Sub -Unit 08. The total estimated cost of the improvements is $ 88,841.35. The estimated amount per front foot to be assessed against the abutting property and the owners thereof for curb and gutter is $ 8.48. The estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements exclusive of curb and gutter is $ 21.43 for front property in R-1 or R-2 zones, and $ 27.55 for front property in other than R-1 or R-2 zones. 334 City Council Minutes June 12, 1997 Page 335 The following sixty-four (64) foot wide street: Frankford Avenue from Spur 327 to 50th Street, known and designated as Unit Number 2242, Sub -Unit 04. The total estimated cost of the improvements is $ 2,330,041.76. The estimated amount per front foot to be assessed against the abutting property and the owners thereof for curb and gutter is $ 6.83. The estimated amount per front foot to be assessed against the abutting property and the owners thereof for improvements exclusive of curb and gutter is $ 26.81 for front property in other than R-1 or R-2 zones. The following ten (10) foot wide alley: The East-West alley between 68th Street and 69th Street from Memphis Avenue East to the North Property line of 69th Street, known and designated as Unit Number A-461, Sub -Unit 72. The total estimated cost for the improvements is $ 25,651.90. The estimated amount per foot to be assessed against the abutting property and the owners thereof is $ 17.39. An arrangement for the making and construction of such improvements with pavement of one and one-half (1-1/2) inch asphalt surface and a compacted caliche base and/or asphalt stabilized base in streets, highways, avenues and/or alleys to be constructed with pavement minimum of five (5) inch reinforced concrete slab has been made and entered into by the City of Lubbock, Texas, and rolls or statements showing the proposed amounts to be assessed against the abutting property, and the owners thereof, have been filed with the City, such rolls or statements showing other matters and things, and have been approved; and the City Council of said City, has fixed a time and place for a hearing for the owners of property abutting upon said portions of streets, highways, avenues and/or alleys and for all others interested in said property, at which hearing the amounts to be assessed against the respective parcels of abutting land and the owners thereof for improvements to the units upon which the particular parcels of property abut, the amount of benefits to the respective parcels of property by means of the improvements to the units upon which the particular parcels of property abut, the regularity of the proceedings with reference to such improvements, the apportionment of the cost of such improvements, and other matters and things will be determined; and after such hearing, assessments will by ordinance be made and levied, and such hearing will be had and held by and before the City Council of the City of Lubbock, Texas, in the regular City Council Meeting Room in the Municipal Building, 1625 13th Street, in the City of Lubbock, Texas, on the 14th day of August, 1997, at 4:30 pm, o'clock. The rolls or statements showing the proposed amounts of such assessments are on file in the office of the City Secretary and copies thereof are in the office of the City Engineer of the City of Lubbock and open to inspection by any interested parties, and of all said matters and things all such owners of property, as well as any and others in anywise affected or interested, will take due notice. By order of the City Council of the City of Lubbock, this the 12th day of June, 1997. No notice other than that herein provided for shall be necessary and such notice shall be due and sufficient notice to any and all persons, firms, corporations and other parties. SECTION 3. THAT a hearing be given and held by and before the Governing Body of the City of Lubbock, Texas, for all persons owning or claiming any interest in property abutting any part or portion of said streets, highways, avenues and/or alleys described in Section 2 of this Resolution, as well as all other persons in anywise affected or interested. Such hearing shall be given and held on the 14th day of August, 1997 at 4:30 pm o'clock on the first floor in the Municipal Building, City of Lubbock, Texas, and the City Secretary is hereby directed to give notice of the time and place of such hearing, and of other matters and facts in accordance with the terms and provisions of Title 6, Subtitle E, Chapter 313 of the Texas Transportation Code. Such notice shall be by advertisement inserted at least three times in a newspaper published in the City of 335 City Council Minutes June 12, 1997 Page 336 Lubbock, Texas; the first publication shall be made at least twenty-one (21) days before the said hearing; and, additional written notice of the hearing shall be given by depositing in the United States Mail, at least fourteen (14) days before the date of the hearing, written notice of such hearing, postage prepaid, in an envelope addressed to the owners of the respective properties abutting such streets, highways, avenues and/or alleys, or portions hereof to be improved, as the names of such owners are shown on the then current rendered tax rolls of the City of Lubbock, and at the addresses shown, or if the names of such respective owners do not appear on such rendered tax rolls, then addressed to such owners as their names are shown on the current unrendered rolls of the City, at the addresses shown thereon. Said notice shall comply with and be in accordance with the terms and provisions of this Resolution and said provisions of the Transportation Code. Passed by the City Council this 12th day of June, 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 the fifth and final resolution associated with an assessment program for the construction of paving improvements. The proposed improvements consist of the following streets and alleys: 26th Street from LaSalle Avenue to Kewanee Avenue Frankford Avenue from Spur 327 to 50th Street 66th Street from Frankford Avenue to Iola Avenue The east -west alley between 68th Street and 69th Street from Memphis Avenue to 69th street A date and time need to be established so that the required notification can take place. The August 14, 1997 City Council meeting at 4:30 p.m. is proposed for the date and time. 26th Street was petitioned for paving with 67 per cent of the abutting property owners signing the petition. The alley between 68th Street and 69th Street was petitioned with 78 per cent of the abutting property owners signing the petition. For these units the hearing will serve to establish whether or not the paving should be constructed, and what portion of the cost will be charged to the abutting property owners. 336 City Council Minutes June 12, 1997 Page 337 66th Street and Frankford Avenue were not petitioned, but are being paved at Council direction. These streets are approved projects in the Street Capital Projects budget. For these units the hearing will only establish the portion of the cost to be charged to the abutting property owners. Staff recommended approval of this resolution. Motion was made by Councilmember Hernandez, seconded by Councilmember Ince to pass Resolution No. 5515 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmembers Cooke and Patterson were off the dais. (40.) Consider an ordinance with regard to requiring Indiana Avenue to remain open to the general public as a public street at its present location and retaining at least its present traffic capacity between 19th Street and the Clovis Highway (U.S. 84). This item was deleted from the agenda. (41.) Consider Resolution authorizing the Mayor to execute an amendment to the agreement with the Lubbock Arts Alliance for administration of the grants program. This item was deleted from the agenda. (42.) Consider Resolution No. 5516 authorizing the Mayor to execute a name change from the Municipal Arts Committee to the Public Arts Commission, and redefine missions thereof. RESOLUTION NO. 5516 WHEREAS, in 1984 the City Council of the City of Lubbock created a Lubbock Municipal Arts Committee to serve as an advisory body to the Council on matters concerning the selection and placement of art in or on City -owned facilities and property; and WHEREAS, in 1992 the City Council expanded the duties and responsibilities of the Municipal Arts Commission in order to increase the opportunities for Lubbock citizens to experience and benefit from art works in the public places of the City; and WHEREAS, the City Council has approved a comprehensive Master Plan for Public Art to be implemented by the Municipal Arts Committee pursuant to Resolution 4890 enacted on July 13, 1995; and WHEREAS, the City Council now deems it to be in the best interests of the citizens of the City of Lubbock to further expand the purpose and mission of the Municipal Arts Committee and to change its name to the "Culture and Arts Commission"; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. The Lubbock Municipal Arts Committee is hereby renamed the "Culture and Arts Commission" and, in addition to having those duties and responsibilities that are specifically described herein and as required by the Master Plan for Public Art adopted by City Council Resolution No. 4890 on July 13, 1995, shall serve as an advisory commission to the City Council upon matters concerning the selection and placement of art in or on publicly owned facilities and property, and shall strive to accomplish a basic mission to increase public appreciation of art and to improve quality 337 City Council Minutes June 12, 1997 Page 338 of life and economic development opportunities through increased tourism and enhancement of public places. SECTION 2. The Commission shall continue to be composed of nine (9) members, appointed by the City Council for terms of one or two years as selected by drawing of lots. All successive appointments shall be for terms of two years, and members may serve until their successors are appointed. The City Council shall appoint one of the nine members to serve a two year term as the initial chairman of the Commission. Thereafter, the Commission will elect a chairman. The membership shall be composed of the following representatives: one (1) member shall be a member of the Lubbock Arts Alliance; and eight (8) members shall be representatives of the art community, including local art educators, artists, curators, gallery owners and operators, or other individuals with an active interest in the arts. SECTION 3. In the event a request or proposal is being considered which would affect a department, facility or neighborhood, the Commission may create an ad hoc committee which includes one or more member of such department, facility or neighborhood. The ad hoc committee shall exist only for a period of time necessary to consider such request or proposal. SECTION 4. The rules of conduct of meetings of the Commission shall be determined by the members of the Commission, which shall meet as often as necessary. SECTION 5. The Commission shall have the following responsibilities: A. Coordinate with departmental personnel and advisory boards on public art projects and perform as per the Master Plan for Public Art which was adopted by City on Council on July 13, 1995, pursuant to Resolution No. 4890. All references to the Municipal Arts Committee in the Master Plan for Public Art shall be construed to mean the Culture and Arts Commission. B. Review and develop recommendations to the City Council on strategies to improve quality of life and economic development opportunities through increased tourism, the arts and enhancement of public places. C. Research and present recommendations on funding strategies for public art. SECTION 6. The Commission shall provide progress/status reports to the City Council on an annual basis. SECTION 7. All prior Resolutions pertaining to the Municipal Arts Committee are hereby repealed to the extent of any conflict with this Resolution. 338 City Council Minutes June 12, 1997 Page 339 Passed by the City Council this 12th day of June, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Carolyn M. Aliamus Carolyn M. Aliamus, Director of Culture & Leisure Services APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney/Office Practice Section The City Council has expressed a desire to change the name of the Municipal Arts Committee to the Public Arts Commission, and to refine the scope of their responsibilities. _ The resolution renames the Municipal Arts Committee as the Public Arts Commission. The Commission shall continue to be composed of nine members, appointed by City Council for terms of one or two years as selected by drawing of lots. The City Council shall appoint one of the nine members to serve a two year term as the initial chairman of the Commission. The commission's duties include: To serve as an advisory commission to the City Council upon matters concerning the selection and placement of art in or on publicly owned facilities and property; To evaluate and develop recommendations on funding mechanisms for public art; To accomplish a basic mission to increase public appreciation of the arts and to improve quality of life and economic development opportunities through increased tourism and enhancement of public places. Staff recommended that the resolution be approved. Motion was made by Councilmember Nelson, seconded by Councilmember Hernandez to pass Resolution No. 5516 as revised to Culture and Arts Commission. Motion carried: 7 Yeas, 0 Nays. 339 City Council Minutes June 12, 1997 Page 340 (43.) Consider Resolution approving a revision to the Lubbock Emergency Communication District budget for FY 1996/97, and setting the service fee at six percent of the telephone base rate. This item has been placed on the agenda at the request of the 9-1-1 District. The Lubbock Emergency Communications District (LECD) has authorized the execution of a sole source contract with Southwestern Bell Company for the purchase of an upgrade to the current 9-1-1 calling system and the purchase of a multi -agency computer aided dispatch system. The total project is estimated to cost approximately $3,750,000. Approximately $1,000,000 of the $3.75 million is to upgrade the 9-1-1 calling system. The remainder of the funds are identified to purchase the Intergraph computer aided dispatch (CAD) system. The CAD system will initially be utilized by the Lubbock County Sheriffs Office, EMS, the City of Slaton, and the City of Lubbock's Fire Department. The City of Lubbock's Police Department is not planning to utilize the system at this time. The LECD board approved (not unanimously) the contract and a rate increase in May, 1997. LECD has adequate funding to upgrade the 9-1-1 calling system but will require financing in order to perform the entire project. Several issues of concern have been raised regarding the project. In summary: No competitive RFP process was conducted. A sole source contract to Southwestern Bell in the amount of $3,299,767.40 has been prepared. Additional maintenance costs and site preparation expenses make up the remainder of the project costs. The law allows for the sole source contract to the main telephone system provider. In this case, Intergraph is a subcontractor for the CAD portion. The CAD portion is approximately $2.6 million. The total price of the project may be significantly higher than what could be obtained through a competitive high technology RFP process. No requirements have ever been formalized and responded to by Southwestern Bell and Intergraph. Even though the system will probably work, the LECD has virtually nothing in writing as to the functionality of the system compared to the requirements of the agencies. An increase in the 9-1-1 fee from 4.5 per cent to 6.0 per cent, the maximum allowed by law, is required to finance the system. The City's Police Department is not planning to participate in the new CAD system as no requirement analysis has been conducted. While the staff is highly supportive of the District, staff are concerned about the process. Consequently, staff recommended that the project be competitively bid and that a requirements analysis be conducted before approval is granted. 340 City Council Minutes June 12, 1997 Page 341 Councilmember Nelson asked if other avenues had been explored of complying with the Federal mandate and stated he was interested in looking at the mandate, possible extensions, etc. Mayor Sitton thanked everyone for the work done on the project. Mayor Sitton asked if there was a motion. Council took no action on this item. (44.) Consider Resolution No. 5517 approving the assignment of a tax abatement agreement from United Supermarkets, Inc. to Barnett Lane Investments. RESOLUTION NO. 5517 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 approval of an assignment to Barnett Lane Investments, Inc. of that certain tax abatement agreement dated January 25, 1996, attached herewith, by and between the City of Lubbock and United Supermarkets, Inc., and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of June, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Kevin Walker Kevin Walker, Business Liaison Officer APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Assignment is filed with Resolution 5517. City Council authorized the execution of a commercial tax abatement agreement for United Supermarkets, Inc., #501 (Parkway and Zenith) on January 25, 1996. United Supermarkets has sold the land and building to Barnett Lane Investments and has requested assignment of the tax abatement agreement to them. 341 City Council Minutes June 12, 1997 Page342 There are provisions within the Enterprise Zone guidelines and criteria to provide assignment of an approved tax abatement agreement. With the approval of the assignment, only the building will be eligible for tax abatement since the tangible personal property will still be owned by United Supermarkets. The guidelines and criteria state that in order for tangible personal property to be eligible for tax abatement it and the building must be owned by the same person(s). The tangible personal property valued at $1.8 million will be added to the tax base with this assignment. The tax abatement amount, after the assignment, will be approximately $13,359 annually for the City of Lubbock and $6,401 for the County. The approved tax abatement, including tangible personal property, was approximately $23,670 annually for the City of Lubbock and approximately $11,340 for the County. This will be an additional $15,250 that will be paid in taxes to the City and County of Lubbock. Barnett Lane Investments understands and will assume all of the obligations of the assignor under the tax abatement agreement. Staff recommended approval. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to pass Resolution No. 5517 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (45.) Consider an ordinance creating a Municipal Court Building Security Fund, and the collection of a security fee, as authorized by Code of Criminal Procedure Art. 107.017. This item was deleted from the agenda. (46.) Consider Resolution No. 5518 authorizing the Mayor to execute a contract with Parkhill, Smith and Cooper for engineering services for the design, preparation of specifications, bid documents, and supervision of improvements at Lubbock International Airport. RESOLUTION NO. 5518 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc. for Professional Engineering Services in connection with the construction of improvements at the Lubbock International Airport, 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. 342 City Council Minutes June 12, 1997 Page 343 Passed by the City Council this 12th day of June, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ APPROVED AS TO FORM: /s/ City Attorney A copy of the Agreement is filed with Resolution 5518. Since its initial construction in 1976, the layout of the public parking lot at the airport has been adjusted several times to accommodate growth and to allow for additional "ready" spaces for rental cars. While each change met an immediate need at the time, the combined effect has been the creation of an inefficient layout that is confusing to the users of the facility. To address this issue, staff is proposing a complete realignment of the parking lot. As apart of the same project, the aging pavement in the parking lot will rehabilitated. This agenda item will authorize the Mayor to execute an agreement to provide design services for the project. The selection of the consulting engineer for this project was accomplished through a competitive, qualification -based selection process that was reviewed and approved by the Airport Board. The firm selected for this project is Parkhill, Smith and Cooper (PSC), a company with offices in Lubbock, Midland and El Paso. Through the selection process, PSC was determined to be the best qualified and most experienced firm for this work. Among other projects, they are currently under contract to provide engineering services for the airport's signage and graphics program. Accordingly, they are in a unique position to coordinate the design elements of that project with the redesign of the parking lot. This agreement covers basic and additional services for the Preliminary, Design and Bidding phases of the project. Once the scope and phasing of the project are determined through the design process, an addendum to the agreement will be submitted to cover Construction Observation and Resident Project Engineering Services. The total estimated construction cost for this project is $753,000. PSC's proposed fees for work under this agreement are outlined below: 343 City Council Minutes June 12, 1997 Page 344 (47.) (48.) Desiian Service Preliminary, Design, and Bidding Phases Reimbursable and Additional Services Total Payment Basis Fee Lump Sum $80,750 Cost Plus Fixed Fee $16,500 Not to Exceed $97,250 Design and construction costs for this project will be funded out of parking lot revenues. The work is expected to be broken down into three or more phases to ensure that the project does not interfere with on -going parking operations. The first phase will involve reconfiguration of the lot. The remaining phases will involve overlaying the parking lot in stages. As a part of the current year's budget process, an FY 96-97 capital project was approved by City Council for design work and Phase I construction in the amount of $221,668. The Airport Board has reviewed both the consultant selection process and this agreement, and recommended approval. Staff also recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5518 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez stepped off the dais. Confirm appointment of Todd Peckham, Mike Landress and Bobby Rowe to the Building Board of Appeals. Motion was made by Councilmember Cooke and seconded by Councilmember Patterson to appoint Todd Peckham, Mike Landress and Bobby Rowe to the Building Board of Appeals. Motion carried: 7 Yeas; 0 Nays. Confirm reappointment of Jacquelyn Porch to the Neighborhood Redevelopment Commission. Motion was made by Councilmember Cooke and seconded by Councilmember Patterson to appoint Jacquelyn Porch to the Neighborhood Redevelopment Commission. Motion carried: 7 Yeas; 0 Nays. (49.) Confirm appointment of Marie Castro, Phyllis Jones and J. R. Morales, and the reappointment of Renee Underwood, to the Park and Recreation Board. Motion was made by Councilmember Cooke and seconded by Councilmember Patterson to appoint Marie Castro, Phyllis Jones and J. R. Morales and reappoint Renee Underwood to the Park and Recreation Board. Motion carried: 7 Yeas; 0 Nays. (50.) Confirm appointment of Charlie Lynch and David Gutierrez, and reappointment of Ray Irvin, to the Permit and License Appeal Board. 344 City Council Minutes June 12, 1997 Page 345 Motion was made by Councilmember Cooke and seconded by Councilmember Patterson to appoint Charlie Lynch and David Gutierrez and reappoint Ray Irvin to the Permit and License Appeal Board. Motion carried: 7 Yeas; 0 Nays. (51.) Confirm appointment of Melinda Harvey to the Public Transit Advisory Board. Motion was made by Councilmember Cooke and seconded by Councilmember Patterson to appoint Melinda Harvey to the Public Transit Advisory Board. Motion carried: 7 Yeas; 0 Nays. (52.) Confirm appointment of Dr. Robert Brodkin to the Urban Design and Historic Preservation Commission. Motion was made by Councilmember Cooke and seconded by Councilmember Patterson to appoint Dr. Robert Brodkin to the Urban Design and Historic Preservation Commission. Motion carried: 7 Yeas; 0 Nays. The citizens referenced above were selected for service during the City Council meeting on May 22, 1997. They have all been contacted and have agreed to serve. 2:27 P.M. COUNCIL RECESSES TO WORK SESSION Discuss Five Year Capital Improvements Program Process (Jim Betram). Presentation of the Community Development & Service Board's recommendations for the use of 1997-98 Community Development Federal Funds (Doug Goodman). 3:54 P.M. COUNCIL CLOSES WORK SESSION 3:55 P.M. COUNCIL RECONVENES REGULAR CITY COUNCIL MEETING There being no further business to come before Council, Councilmember Cooke made a motion to adjourn, Councilmember Ince seconded the motion. Motion carried: 7 Yeas; 0 Nays. ATTEST: /,6"ufl, Kay �f Darnell, City Secretary Read and approved this , of 1997. WINDY SITTONA4AYOR ATTEST: Kayt I Darnell, City Secreta 17 345