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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/14/1997CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING August 14, 1997 11:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 14th day of August, 1997, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas, at 11:00 A.M. Present: Mayor Windy Sitton, Mayor Pro Tem Alex Cooke, Councilmember T. J. Patterson, Councilmember Max Ince, Councilmember Randy Neugebauer, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell. Absent: Councilmember Victor Hernandez and Councilmember David Nelson. 11:00 A.M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Mayor Sitton stated the Council would be holding an Executive session, in accordance with the V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager); pending or contemplated litigation (Police Department, Right -of -Way, Solid Waste, Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments to boards and commissions; and to deliberate the purchase, exchange, lease, or value of real property. 11:03 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room. All Councilmembers were in attendance. (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(1)(A) to discuss pending or contemplated litigation (Police Department, Right -of -Way, Solid Waste, Water Utilities). (3.) 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: Board of Electrical Examiners Board of Health Canadian River Municipal Water Authority Citizens Traffic Commission Community Development & Services Board Electric Utility Board Emergency Communication District Board of Managers Finance Subcommittee -Citizens Advisory Committee for Five Year Capital Improvements Program (C.I.P.) Human Relations Commission Keep Lubbock Beautiful Advisory Committee Libraries Board Local Law Enforcement Block Grant Program - Grant Advisory Board MHMR Public Responsibility Committee 0 City Council Minutes August 14, 1997 Page 10 Permit and License Appeals Board Public Transit Advisory Board Structural Standards Commission (4.) 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). 1:35 P.M. WORK SESSION CONVENED Committee Room 103 (5.) Discuss regular agenda items. Delete items #6, #21, and #60 through #63. Move items #15 through #18, #22, and #49 from Consent Agenda to Regular Agenda. (6.) Discuss impact fees. Jim Bertram/Randy Henson. Item not covered. (7.) Presentation of Third Quarter 96-97 Financial Report and Investment Report. Anna Mosqueda and Betsy Bucy submitted report handouts. Copy of report is included in City Council backup material. 2:49 P.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Mayor Sitton called the meeting to order at 2:49 P.M. (g,) The Invocation was given by Reverend Tom Mills, St. Luke United Methodist Church. (9,) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Lubbock Housing Authority Robert Martinez Lubbock Reese Redevelopment Authority Delbert McDougal Lubbock Reese Redevelopment Authority Tom Nichols CITIZEN APPEARANCES (10.) Presentation of update on activity of Citizens Traffic Commission by Frances Ansley, Chair. Mayor Windy Sitton asked that a representative from each board address the city councilmembers. Chair of the Citizens Traffic Commission, Frances Ansley, gave a brief overview of the functions and accomplishments of the Citizens Traffic Commission. Citizens Traffic Commission duties and responsibilities include researching, developing and implementing 10 City Council Minutes August 14, 1997 Page 11 traffic safety programs which meet local needs; and acting in an advisory capacity to the City Council and the City Manager in the coordination of traffic safety activities of the official agencies and departments of the City of Lubbock. (11.) A representative of the Lubbock Arts Alliance presented their recommendation on awarding of the Arts Grants Program for the first of two grant periods for 1997-98. On April 24, 1997 the City Council approved an agreement to pay the Lubbock Arts Alliance $106, 848 to be used in making grant awards to cultural arts organizations. These moneys represent 0.400 per cent of the hotel/motel tax collected during the fiscal year ended September 30, 1996. In developing the funding recommendation for each application, the Grants Review Committee followed revised guidelines which were approved by City Council in April 1997. The agreement provides that a review committee of the Lubbock Arts Alliance receive and evaluate applications for grants and make recommendations to the City Council for awarding of these grants. Council is now asked to approve $53,400 in grant awards for the first of two grant periods for 1997-98. Enclosed in Council's agenda back-up is a listing of the recommendations of the Lubbock Arts Alliance Review Committee. Twenty-three applications were received on the June 1st deadline, and sixteen are recommended for full or partial funding. Kay Brown, Chair of the Lubbock Arts Alliance, Inc., recommended approval of the 1997 grants awards. CITIZEN COMMENTS Four citizens expressed comments to the council. They were: Jane Ann Stinnett Mikel Ward Phyllis Jones Alvin Davis CONSENT AGENDA ( Items No. 12-14, No. 19-21, and No. 23-48) (12•) Motion was made by Councilmember Cooke and seconded by Councilmember Ince to approve the minutes of the June 26, 1997 Regular City Council Meeting as written. Motion carried: 7 Yeas, 0 Nays. (13.) Ordinance No. 9995 - Abandon and close a five-foot underground utility easement and a switching enclosure easement located in Tract "A", Wedgewood South Addition to the City of Lubbock (9902 Vinton Avenue). 11 City Council Minutes August 14, 1997 Page 12 AN ORDINANCE ABANDONING AND CLOSING A FIVE-FOOT UNDERGROUND UTILITY EASEMENT LOCATED IN TRACT "A", WEDGEWOOD SOUTH ADDITION AND A SWITCHING ENCLOSURE EASEMENT LOCATED IN TRACT "A", WEDGEWOOD SOUTH ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, EACH OF WHICH IS 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. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass on second and final reading Ordinance No. 9995 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (14.) Ordinance No. 9997 - ZONE CASE NO. 1266-G (5205 13th Street): Request of Gary J. Schwede for zoning change from C-2A to C-2A Specific Use for a veterinary clinic and all permitted C-2A uses on Lots 411, 412, and 413, Alford Terrace Addition. 1 ' 1 1 SSld AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1266-G; A ZONING CHANGE FROM C-2A TO C- 2A SPECIFIC USE ZONING FOR A VETERINARY CLINIC ON LOTS 411, 412 AND 413, ALFORD TERRACE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass on second and final reading Ordinance No. 9997 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (19.) Consider Resolution No. 5578 authorizing the Mayor to approve the Local Rules which guide the Civil Service Commission in the implementation of Chapter 143 of the Local Government Code for Firefighters and Police Officers. RESOLUTION NO, 5578 WHEREAS, Section 7-6 of the Code of Ordinances of the City of Lubbock requires the City Council to approve amendments and revisions to the Civil Service Rules of the City of Lubbock; and WHEREAS, the Civil Service Commission of the City of Lubbock has heretofore on July 9, 1997, approved and adopted revised Civil Service Rules for the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 12 City Council Minutes August 14, 1997 Page 13 THAT the City Council of the City of Lubbock hereby approves the adoption of revised Civil Service Rules for the City of Lubbock, which said Rules were approved and adopted by the Lubbock Civil Service Commission on July 9, 1997. A copy of said Civil Service Rules are attached hereto and made a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of August, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews, Managing Director of Human Resources APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Rules and Regulations is filed with Resolution 5578. Under Chapter 143 of the Local Government Code, a Commission is required to adopt rules necessary for the proper conduct of Commission business. These rules must comply with the provisions set forth in Chapter 143 and shall be published. These rules must be adopted by a majority of the Commission and the Ordinance, Chapter 7, requires the approval of the City Council. The last full revision of the Civil Service Local Rules was in 1985. Mary Andrews, Director of Civil Service, drafted new rules and gathered input from both labor and management. These rules were discussed in two open meetings of the Civil Service Commission and were adopted by the Civil Service Commission on July 9, 1997. The most significant changes in the rules involve: A conflict of interest clause for the commissioners was added. Recruiting standards and procedures are outlined more thoroughly. Promotional test question appeal procedures are outlined more thoroughly. 13 City Council Minutes August 14, 1997 Page 14 A new rule was written to take advantage of a change in Chapter 143. Officers who have left the department and want to return are not required to take the written exam. However, they will have to pass all other stages of the recruitment process. Several sections were added to clarify the appeal process for police officers and firefighters and to give the commission guidance on conducting appeal hearings. A section was added to provide guidance to the commission on rules of evidence and the issues to be determined in disciplinary appeals. The Civil Service Director, on behalf of the Civil Service Commission, recommended approval of these Local Rules. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass Resolution No. 5578 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (20.) Consider Ordinance No. 10002 abandoning and closing a 20- foot alley in the Slide Road Addition (23rd Street and Albany Avenue). ORDINANCE NO, 10002 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF AN ALLEY LOCATED IN SLIDE ROAD 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 dedicated by plat 20-foot by 240-foot north -south alley north of 23rd Street and just east of Albany Avenue. The reason for closure is for replatting and building expansion. The mortgage holder is requesting this closure. The area being closed is 4800 square feet and will remain as a utility easement. In return, the property owner is dedicating 900 square feet of street right-of-way for 23rd Street and a 25-foot by 450-foot utility easement across the northern portion of his property which more than offsets the area being closed. The Right -of -Way Department recommended the approval of the first reading of this ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass on first reading Ordinance No. 10002 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (21.) Consider a resolution authorizing the Mayor to execute a license agreement with the Burlington Northern and Santa Fe Railway Company (Clovis Road and North Indiana Avenue). This item was deleted in work session. 14 City Council Minutes August 14, 1997 Page 15 (23.) Consider Resolution No. 5579 authorizing the Mayor to execute a license agreement with the West Texas'and Lubbock Railroad Company, Inc. (north of 34th Street and Alcove Avenue). RESOLUTION NO, 557 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 License Agreement for a water line across railway property by and between the City of Lubbock and the West Texas and Lubbock Railroad Company, Inc. to be constructed, owned, operated and maintained by said City of Lubbock across said Railroad's right-of-way at mile post 3.07 in the SE 1/4 of Section 41, Block AK, Lubbock County, Texas, attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of August, 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 License Agreement is filed with Resolution 5579. The City's Water Utilities Department desires to place a water line across the West Texas and Lubbock Railroad Company's railroad right-of-way just north of 34th Street along the west side of Alcove Avenue. This license agreement will allow the City to bore under their tracks and install this water line. The cost of this license is $150 per year with a $200 processing fee. The Right -of -Way Department recommended the execution of this license. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass Resolution No. 5579 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 15 City Council Minutes August 14, 1997 Page 16 (24.) Consider Resolution No. 5580 authorizing the Mayor to execute a Quitclaim Deed in favor of Don Houston Douglas (3401 46th Street). RESOLUTION NO 5580 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 Don Houston Douglas, 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 14th day of August, 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 5580. This resolution authorizes the Mayor to convey a 50 foot wide by 115 foot long strip of excess Indiana Avenue right-of-way to the adjacent property owner, Don Houston Douglas. The City is selling this 50.00 front foot wide strip of Indiana Avenue right- of-way to Mr. Douglas for $5 per front foot or $250 total. The Right -of -Way Department recommended the approval of this Quitclaim Deed. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass Resolution No. 5580 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (25•) Consider Resolution No. 5581 authorizing the Mayor to execute a Quitclaim Deed in favor of Mary Bess Warren (3401 45th Street). 16 City Council Minutes August 14, 1997 Page 17 RESOLUTION NO. 5581 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 Mary Bess 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 14th day of August, 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 5581. This resolution authorizes the Mayor to convey a 66.25 foot wide by 130 foot long strip of excess Indiana Avenue right-of-way to the adjacent property owner, Mary Bess Warren. The City is selling this 66.25 front foot wide strip of Indiana Avenue right- of-way to Mrs. Warren for $5 per front foot or $331.25 total. The Right -of -Way Department recommended the approval of this Quitclaim Deed. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass Resolution No. 5581 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (26.) Consider Resolution No. 5582 authorizing the Mayor to execute a Response, Cleanup and Disposal Contract with Henderson Environmental, Inc. 17 City Council Minutes August 14, 1997 Page 18 RESOLUTION NO, 5582 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 Response, Cleanup and Disposal Contract, and any related documents, between the City of Lubbock and Henderson Environmental, Inc. 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 14th day of August, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Dan T. Dennison Dan T. Dennison, Environmental Compliance Manager APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner, Assistant City Attorney A copy of the Contract is filed with Resolution 5582. Hazardous materials are periodically abandoned and/or spilled on City property. Laws promulgated and enforced by the Environmental Protection Agency and the Texas Natural Resources Conservation Commission require specific measures to protect the environment. Hazardous materials must be cleaned up and removed by trained personnel and be transported to a licensed final disposal facility, all within time limits strictly prescribed by law. Past delays in response and cleanup have led to increased assessment and cleanup costs, near violations of environmental law, and a greater potential threat to the environment. The recommended contractor guarantees a short two hour maximum response time, trained personnel, licensed transport, and licensed final disposal. Services will be provided at a typical base rate of $45 to $75 per hour per employee, plus scheduled equipment and supply charges, and any explosive/reactive premium. If environmental remediation is involved, employee costs will range $33 to $150 per hour, with a charge of $75 to $250 hourly if technical consultants are required. The average incident involves five employees for five hours, occurs twice a year, and does not City Council Minutes August 14, 1997 Page 19 involve the expense of environmental remediation if response is rapid. Only one of the fifteen area firms considered is capable of providing necessary services within the required time frame. Use of a reputable and experienced contractor is necessary, because the City is responsible for hazardous materials even after they are removed from the city. Staff recommended Council approval. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass Resolution No. 5582 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (27.) Consider Resolution No. 5583 authorizing the Mayor to execute a supplemental agreement with Chatman Memorial Center, Inc. for their New Construction Revitalization Project. RESOLUTION NO, 5583 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Supplemental Agreement by and between the City and Chatman Memorial Center, Inc. for the Chatman Hill Neighborhood Revitalization Project. 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 14th day of August, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director of Health and Community Services APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the Supplemental Agreement is filed with Resolution 5583. 19 City Council Minutes August 14, 1997 Page 20 Funding for this project was originally approved by City Council at the May 11, 1995 City Council meeting. These funds were allocated for down payment and closing costs, soft seconds and construction of affordable homes, thereby allowing low to moderate income families an opportunity to purchase newly constructed homes in the Chatman Hill area. A provision addressing the administration of sale proceeds from the homes was not in the original agreement. This supplemental agreement addresses this issue. Staff recommended approval of this resolution authorizing the Mayor to execute this Agreement. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass Resolution No. 5583 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (28.) Consider Resolution No. 5584 authorizing the Mayor to execute a contract with Goodwill Industries of Lubbock to perform custodial services for the City of Lubbock. RESOLUTION NO, 5584 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 Custodial Services, attached herewith, by and between the City of Lubbock and Goodwill Industries of Lubbock, 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 14th day of August, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Gary W. Smith Gary W. Smith, Facilities Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Contract is filed with Resolution 5584. 20 City Council Minutes August 14, 1997 Page 21 This contract will provide for custodial services at forty city facilities. It will replace a contract with Pedus Services (which will terminate on August 30, 1997) that covers twenty-three facilities and another with Goodwill (scheduled to terminate October 31, 1997) that covers ten facilities. This contract reflects new prices for the period between September 1, 1997 and September 30, 1998. Although some facility costs will increase over previous contract figures, the cost for facilities currently under contract with Goodwill Industries will not increase until November 1, 1997. The total cost for this thirteen month contract is $654,488.27 and is funded through each user cost center's budget. The 87 pages of contract specifications are available for Council review if desired. This contract will be issued under Chapter 122 of the Human Resources Code as part of the State of Texas, State Use Program. Attorney General Opinion JM-444, dated February 21, 1986, permits the purchase of products and services from non-profit work centers without engaging in competitive bidding as long as the requirements of the statute are met. To provide for continuous custodial services after August 30, 1997, and based on past services from Goodwill Industries, Facilities Management recommended acceptance of this contract. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass Resolution No. 5584 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (29.) Consider Resolution No. 5585 authorizing the Mayor to execute a Supplemental Agreement No. 1 between the City and the FAA Flight Standards District Office (FSDO). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Supplemental Agreement No. 1 to Lease No. DTFA07-93-L-01074 between the City of Lubbock and the United States of America represented by the Federal Aviation Administration for the extension of a lease of office space for the Flight Standards District Office. Said Agreement is attached hereto and incorporated as if fully set forth herein and shall be included in the minutes of this Council. 21 City Council Minutes August 14, 1997 Page 22 Passed by the City Council this 14th day of August, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ David Jones David Jones, Deputy Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney/Office Practice Section A copy of Supplemental Agreement No. 1 is filed with Resolution 5585. The FAA has requested an extension of the term for the current Flight Standards District Office (FSDO) lease. The extension will allow them to stay in their current location in the old terminal building until a final agreement can be reached for a new location on the airport. The extension agreement is in the form of a supplemental lease with a two year term. Both parties will have the right to terminate on a thirty day notice so that staff can transition to the new location once a final decision is made. Staff anticipate that this will occur in late summer or early fall. The Airport Board recommended that this extension be granted, and the staff recommended that the Council uphold the Airport Board's recommendation. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass Resolution No. 5585 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (30.) Consider Resolution No. 5586 creating a Citizens Advisory Committee (CAC) for a Five -Year Capital Improvements Program. RESOLUTION NO, 5586 WHEREAS, City Councils have received valuable contributions from the Citizen Advisory Committees in the past in studying capital improvement programs for the City of Lubbock; and WHEREAS, the services of a Citizen Advisory Committee continue to be a valid method of determining needed capital improvements for the City's vitality; and 22 City Council Minutes August 14, 1997 Page 23 WHEREAS, it is beneficial for a Citizen Advisory Committee to make recommendations to the Council for capital improvement needs for a 5-year period, including methods of financing these projects; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT a Citizen Advisory Committee (CAC) is hereby created to be composed of a Chairman, appointed by the Mayor and 45 members who shall be appointed by the City Council. The membership of the Citizen Advisory Committee shall be organized as follows: 1. The Citizen Advisory Committee shall be divided into five (5) subcommittees to study the capital improvements indicated: Transportation: Streets, Transit, Airport, Traffic Signals, and Street Lighting Community and Municipal Facilities: Parks and Recreation, Library, Civic Center, and Municipal Buildings Public Health and Safety: Fire, Police, Health, Animal Shelter, and Solid Waste Utilities: Electric, Water, and Sewer Finance: 2. Each subcommittee shall consist of nine (9) members as follows: Transportation: Airport Board Chairman, Citizen's Traffic Commission Chairman, Transit Advisory Board Chairman, Planning and Zoning Commission Chairman and five (5) members by Council appointment Community and Municipal Facilities: Parks and Recreation Board Chairman, Civic Center Board Chairman, Library Board Chairman and six (6) members by Council appointment Public Health and Safety: Health Board Chairman and eight (8) members by Council appointment Utilities: Electric Utilities Board Chairman and eight (8) members by Council appointment Finance: nine (9) members by Council appointment 3. The Mayor shall appoint subcommittee chairmen from among the members appointed to each subcommittee. THAT an Executive Committee of the Citizen Advisory Committee is established, to be composed of the Chairman of the Citizen Advisory Committee and the Chairman of each subcommittee. The Executive Committee shall review reports from the subcommittees, and make a report to the City Council in such form and depth to clearly identify recommended capital improvement projects needed for a 5 year period, including recommended financing, to assist the Council in the study of proposed capital improvement programs for the City of Lubbock. 23 City Council Minutes August 14, 1997 Page 24 The Executive Committee shall also consider and recommend appropriate methods to properly inform the public of needed capital improvements that may result in bond issues for financing the projects. The Citizen Advisory Committee, or any of its subcommittees, may from time to time invite interested citizens and elected or appointed officials of the City of Lubbock to participate in discussion concerning the Committee's work. The Citizen Advisory Committee shall be activated for the period of time required to complete the study and make the recommendations requested by the City Council. Appointments as Chairman and members of the Committee shall be for the duration of the activation of the Citizen Advisory Committee. The Citizen Advisory Committee shall abide by the calendar as established by the City Council and by the CIP Rules and Procedures as established by the City Manager's Office. The City Manager shall appoint a member of his staff to act as secretary of the Citizen Advisory Committee, other staff to act as liaison(s) for the subcommittees, and shall provide assistance to the Committee, as needed to help them carry out their duties in a timely manner. Passed by the City Council this 14th day of August, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney As discussed recently with Council in the goals retreat and in a work session, there is a need to proceed with preparation of the City's next Five -Year Capital Improvements Program (C.I.P.). The resolution and attached calendar will require the Mayor to appoint the overall Chairman, and the Council will appoint the nine Finance Subcommittee members concurrent with passage of the resolution. The Mayor will designate the Chairman from among the appointed subcommittee members. 24 City Council Minutes August 14, 1997 Page 25 The calendar would aim for a potential General Obligation bond election sometime in the fall of 1998, if it is the Council's decision to proceed with a bond election after receiving the final report from the CAC. Staff recommended approval of this resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass Resolution No. 5586 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (31.) Consider Resolution No. 5587 authorizing the Mayor to execute a contract for bank depository services for the City of Lubbock. RESOLUTION NO, 5587 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 by and between the City of Lubbock and American State Bank for Municipal Depository Services, attached herewith, 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. The Council hereby designates American State Bank to serve as a depository for City of Lubbock funds. Passed by the City Council this 14th day of August, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Betsy Bucy Betsy Bucy, Finance Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Contract is filed with Resolution 5587. On May 5, 1997, in accordance with statutory requirements (Local Government Code Chapter 105: DEPOSITORIES FOR MUNICIPAL FUNDS), the City solicited applications from qualifying institutions to provide depository services. The City sent out notices to all local banks as detailed in the City Council backup material and received two responses. The banks which responded were American State Bank and NationsBank. 25 City Council Minutes August 14, 1997 Page 26 Proposed fees were analyzed and applied to the volume of activity for April, 1997, to determine a comparable cost between banks. Then, sweep account earnings were projected and compared. The results of those calculations are included in City Council backup material. In addition, these calculations were reviewed by the respective banks and confirmed. As indicated in the backup material, American State Bank offers the City significantly lower costs on its bank deposits. Although NationsBank offers a slightly higher earnings rate, it does not offset the difference in costs. Staff therefore recommended executing a contract with American State Bank for the City's depository services. The term of the proposed contract is for three years plus an option to extend for two years. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass Resolution No. 5587 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (32.) Consider Resolution No. 5588 authorizing the Mayor to execute a contract with Greenwich Air Services Connecticut, Inc., for lease of a gas turbine generator for temporary use at LP&L Holly Avenue Station. 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 Equipment Lease Agreement, attached herewith, by and between the City of Lubbock and Greenwich Air Services Connecticut -Inc., and any associated documents, to lease a gas turbo generator for temporary use at LP&L Holly Avenue Plant, 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 14th day of August, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jay Wadsworth Jay Wadsworth, Production Supervisor APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 26 City Council Minutes August 14, 1997 Page 27 A copy of the Agreement is filed with Resolution 5588. On Tuesday, July 15th, No. 2 Gas Turbine at Holly Avenue suffered a general failure of gas path components in the high pressure compressor section of the turbine. This engine has been removed from its compartment and has been shipped for detailed evaluation prior to bidding for repairs. The repairs are expected to take about sixty days, including shipping and bidding time. The cost of the non -availability of this unit is twofold. Firstly, the estimated fifty hours per week run time must be covered by operating a less efficient unit at an additional cost of $1,550 per day. Secondly, in the event of power curtailment by SPS, staff are exposed to a potential cost for emergency power of $1,500 per hour. Faxed bids were requested from qualified Pratt & Whitney turbine repairers for shipment, disassembly and evaluation of the engine, and preparation of a Scope of Work for its repair. Bids were requested from Turbo Power & Marine, Greenwich Air Services, Energy Maintenance Corp. and Turbine Engine Services. Because of the cost of having this unit out of action, bidders were also requested to include their price for a replacement lease engine for the duration of repairs. Funding for the lease of the engine would be provided by Electric Production Operations Account 7311-8184, Fuel Supply - Purchased Power, for which $13,445,504 has been budgeted. Greenwich Air Services submitted the most favorable lease offer of $250 per day, plus $50 per hour of operation. For a sixty day period, this amounts to $45,000. Approval of this emergency procurement from Greenwich Air Services is requested. Should Greenwich Air Services be awarded the repair, they will discount the $250 per day charge. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass Resolution No. 5588 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (33.) Bid #97102 - Natural Gas Boiler Fuel (Electric Production) RESOLUTION NO, 5589A 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 Base Contract for short- term sale and purchase of natural gas, attached herewith, by and between the City of Lubbock and LG&E Natural Plains Energy Services, Inc., 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. 27 City Council Minutes August 14, 1997 Page 28 Passed by the City Council this 14th day of August, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jay Wadsworth Jay Wadsworth Production Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Base Contract is filed with Resolution 5589. RESOLUTION NO, 5589B 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 Gas Transportation Agreement, attached herewith, by and between the City of Lubbock and Energas Company, 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 14th day of August, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jay Wadsworth Jay Wadsworth Production Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney City Council Minutes August 14, 1997 Page 29 A copy of the Agreement is filed with Resolution 5589. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass Resolution No. 5589 A & B as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (34.) Bid #97106 - Heavy Duty Maintenance Truck (Citibus) Gene Messer Ford Lubbock, TX Motion was made by Councilmember Cooke, seconded by Councilmember Ince to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (35.) Bid #97110 - Air Compressor (Street Department) (LP&L Electric Distribution) Prime Equipment Company Amarillo, TX Motion was made by Councilmember Cooke, seconded by Councilmember Ince to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (36.) Bid #97124 - Training & Duty Ammunition - Annual Pricing (Police Department) Bailey's House of Guns Houston, TX $17,162.75 Texas State Distributors Austin, TX 4,078.00 GT Distributors Austin, TX 518.40 Florida Bullet Clearwater, FL 139.10 Motion was made by Councilmember Cooke, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (37.) Bid #97137 - Water Treatment Filter Rehabilitation (Water Treatment) mgI 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 Red River Construction Company of Plano, Texas, to install and furnish all materials and services as bid for the Water Treatment Plant Filter Rehabilitation, 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. 29 City Council Minutes August 14, 1997 Page 30 Passed by the City Council this 14th day of August, 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/ Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 14th day of August, 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 Red River Construction Company, of the City of Plano, County of Collin, 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 ##97137 - WATER TREATMENT PLANT FILTER REHABILITATION - $1,271,300.00 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. 30 City Council Minutes August 14, 1997 Page 31 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/ Mike Murphy Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ Vicki Porter CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Red River Construction Company By: /s/ Dean Porter PRINTED NAME: Dean Porter TITLE: Chairman COMPLETE ADDRESS: Red River Construction Company 1506 Capital Ave., Suite 200 Plano, Texas 75074 Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass Resolution No. 5590 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (38.) Bid #97139 - Meal Service for Senior Citizen Centers (Culture & Leisure Services) RESOLUTION NO, 5591 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 Meal Service for Senior Citizen Centers, attached herewith, by and between the City of Lubbock and Marriott Management Services Corporation, 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. 31 City Council Minutes August 14, 1997 Page 32 Passed by the City Council this 14th day of August, 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/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Contract is filed with Resolution 5591. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass Resolution No. 5591 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (39.) Bid #97141 - Interior Plant Maintenance (Facilities Management) RESOLUTION NO, 5592 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 Service Agreement, attached herewith, by and between the City of Lubbock and The Plant Company, 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. 0 City Council Minutes August 14, 1997 Page 33 Passed by the City Council this 14th day of August, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Service Agreement is filed with Resolution 5592. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass Resolution No. 5592 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (40.) Bid #97145 - Electrical Capacitors, Switches & Cutouts (Central Warehouse) Techline, Inc. Amarillo, TX $22,869.00 Cummins Utility Supply Amarillo, TX 5,340.00 WESCO Amarillo, TX 2,050.00 Motion was made by Councilmember Cooke, seconded by Councilmember Ince to approve low bids meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (41.) Bid #97146 - PVC Pipe (Central Warehouse) Western Industrial Supply Company Lubbock, TX Motion was made by Councilmember Cooke seconded by Councilmember Ince to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (42.) Bid #97147 - Canyon Lakes Fishing Pier (Park Development) Exerplay, Inc. Albuquerque, NM Motion was made by Councilmember Cooke, seconded by Councilmember Ince to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 33 City Council Minutes August 14, 1997 Page 34 (43.) Bid #97149 - Uniform Rental & Laundry Services (Various Departments) Western Uniform & Towel Service Lubbock, TX Motion was made by Councilmember Cooke, seconded by Councilmember Ince to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (44.) Bid #97157 - Pesticides (Vector Control) Public Health Equipment and Supply San Antonio, TX Motion was made by Councilmember Cooke, seconded by Councilmember Ince to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (45.) Bid #97159 - Southeast Water Reclamation Plant Electrical Building (Water Utilities) RESOLUTION NO, 5593 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract, attached herewith, by and between the City of Lubbock and Lubbock Building Services of Lubbock, Texas, to install and furnish all materials and services as bid for the Southeast Water Reclamation Plant Electrical Building, 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 14th day of August, 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/ Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § W City Council Minutes August 14, 1997 Page 35 THIS AGREEMENT, made and entered into this 14th day of August, 1997, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Lubbock Building Services, 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 #97159 - CONSTRUCTION OF ELECTRICAL BUILDING AT SOUTHEAST WATER RECLAMATION PLANT - $18,400.00 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/ Mike Murphy 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: Lubbock Building Services By: /s/ Jerry Smith PRINTED NAME: Jerry Smith TITLE: President COMPLETE ADDRESS: Lubbock Building Services 5121 69th, Suite B-1 Lubbock, Texas 79424 35 City Council Minutes August 14, 1997 Page 36 Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass Resolution No. 5593 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (46.) Bid #97174 - Lake Alan Henry Paved Parking Expansion (Water Utilities) RESOLUTION NO, 5594 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 Williams & Peters Construction Company, Inc. of Lubbock, Texas, to install and furnish all materials and services as bid for the Lake Alan Henry Paved Parking Expansion, 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 14th day of August, 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/ Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 14th day of August, 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 Williams & Peters Construction Co., 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: 36 City Council Minutes August 14, 1997 Page 37 BID #97174 - LAKE ALAN HENRY PAVED PARKING EXPANSION - $229,600.00 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/ Mike Murphy Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Williams & Peters Construction Co., Inc. By: /s/ Dean Williams PRINTED NAME: Dean Williams TITLE: President ATTEST: COMPLETE ADDRESS: Corporate Secretary Williams & Peters Construction Co., Inc. P. O. Box 3907 /s/ Betty L. Williams Lubbock, Texas 79452 Motion was made by Councilmember Cooke seconded by Councilmember Ince to pass Resolution No. 5594 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (47,) Bid #97181 - LM2500 Gearbox Subassembly Repair (Electric Production) Stewart & Stevenson Technology Services Houston, TX Motion was made by Councilmember Cooke, seconded by Councilmember Ince to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 37 City Council Minutes August 14, 1997 Page 38 (48.) RFP #97047 - Consider Resolution No. 5595 authorizing the Mayor to execute a contract with SGS-Witter to perform engineering services for LP&L transmission and distribution systems (Electric Distribution). RESOLUTION NO, 5595 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 Engineering Services for LP&L Transmission & Distribution Systems, attached herewith, by and between the City of Lubbock and SGS Witter, Inc., 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 14th day of August, 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/ WINDY SITTON WINDY SITTON, MAYOR /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Contract is filed with Resolution 5595. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass Resolution No. 5595 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (15.) Ordinance No. 9998 - ZONE CASE NO. 2795 (5001 I-27): Request of Cimarron Land Services, Inc. (for Southwestern Bell Wireless, Inc.) for zoning change from IHC to IHC Specific Use for a cellular phone tower on a portion of Lots 9, 10, and 11, Block 1, Lyndale Acres Addition. 0-01 City Council Minutes August 14, 1997 Page 39 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2795; A ZONING CHANGE FROM IHC TO IHC SPECIFIC USE ZONING FOR A CELLULAR PHONE TOWER ON A PORTION OF LOTS 9, 10 AND 11, BLOCK 1, LYNDALE ACRES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Ordinance No. 9998 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (16.) Ordinance No. 9999 - ZONE CASE NO. 2796 (1517 E. 5th Street): Request of Cimarron Land Services, Inc. (for Southwestern Bell Wireless, Inc.) for zoning change from C-4 to C-4 Specific Use for a cellular phone tower on a portion of the east 47 feet of Lot 4, Block 1, Simpson Rhyne Quirt Addition. ORDINANCE NO, 9999 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2796; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE ZONING FOR A CELLULAR PHONE TOWER ON A PORTION OF THE EAST 47 FEET OF LOT 4, BLOCK 1, SIMPSON RHYNE QUIRT ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Ordinance No. 9999 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (17.) Ordinance No. 10000 - ZONE CASE NO. 1875-R (6615 W. 19th Street, Rear): Request of Ronny Puckett (for Poka Lambro PCS, Inc.) for zoning change from C-4 to C-4 Specific Use for a cellular phone tower on a portion of Lot 5 less the east 20 feet, Commanders Addition. ORDINANCE NO, 10000 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1875-R; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE ZONING FOR A CELLULAR PHONE TOWER ON A PORTION OF LOT 5 LESS THE EAST 20 FEET, COMMANDERS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Ordinance No. 10000 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. City Council Minutes August 14, 1997 Page 40 (18.) Ordinance No. 10001 - ZONE CASE NO. 2797 (2908 4th Street, Rear): Request of Ronny Puckett (for Poka Lambro PCS, Inc.) for zoning change from C-3 to C-3 Specific Use for a cellular phone tower on a portion of Block 12, Maddox Addition. ORDINANCE NO, 10001 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2797; A ZONING CHANGE FROM C-3 TO C-3 SPECIFIC USE ZONING FOR A CELLULAR PHONE TOWER ON A PORTION OF BLOCK 12, MADDOX ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Ordinance No. 10001 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (22.) Consider Resolution No. 5596 authorizing the Mayor to consent to an assignment of a lease between G. Larry Rice and Plains National Bank (2302 Quaker Avenue). RESOLUTION NO. 5596 WHEREAS, on or about the 9th day of December 1982, the City of Lubbock, Texas pursuant to Resolution 1278-B leased to E. Reuel Nash a tract or parcel of land in Lot 1, Henry Addition to the City of Lubbock, upon which the Lessee was authorized to construct various improvements including sidewalks, paved parking and landscaping; and WHEREAS, such Lease was subsequently amended on or about the 11th day of April 1991; and WHEREAS, the City Council of the City of Lubbock consented to an assignment of the Lease by the Estate of E. Reuel Nash, deceased, to G. Larry Rice on September 10, 1996 through Resolution No. 5256; and WHEREAS, G. Larry Rice now desires to assign all right, title and interest in and to the above -described Lease to Plains National Bank; and WHEREAS, such an assignment requires the consent of the Lessor, but the City Council has determined that the desired assignment would not be adverse to the interests of the citizens of the City; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT in consideration of an assignment executed in substantially the same form as the attached document, the Council hereby authorizes the Mayor to consent to the assignment by G. Larry Rice to Plains National Bank of the Lease and the Amendment thereto as hereinabove described. M City Council Minutes August 14, 1997 Page 41 Passed by the City Council this 14th day of August, 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 Assignment of Lease is filed with Resolution 5596. In December of 1982, the City of Lubbock executed a lease with E. Reuel Nash for Lot 1, Henry Addition, which is located at the northwest corner of Quaker Avenue and Brownfield Drive. This lot is used for parking in conjunction with the shopping center to the north. The City purchased Lot 1, Henry Addition, in 1953 and uses a small portion of it for a lift station and for several years leased the remainder of it to Char -King Drive -In as a parking lot. In September of 1996, this lease was transferred from the E. Reuel Nash Estate to G. Larry Rice. Recently, G. Larry Rice sold this shopping center to the bank and they desire to assume the lease of the parking lot. The Right -of -Way Department recommended the acceptance of this assignment. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Resolution No. 5596 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Mayor Sitton was recused. (49.) RFP #97142 - Consider Resolution No. 5597 authorizing the Mayor to execute a contract with Crawford and Company to perform Claims Adjusting Services (Risk Management). RESOLUTION NO, 5597 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract with Crawford and Company to perform Claims Adjusting Services for the City of Lubbock. 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. 41 City Council Minutes August 14, 1997 Page 42 Passed by the City Council this 14th day of August, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews, Managing Director of Human Resources APPROVED AS TO FORM: /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney A copy of the Contract is filed with Resolution 5597. The City of Lubbock has contracted claims servicing for workers' compensation and liability since 1989 as a separate and specific service. This contract provides for adjusting claims for workers' compensation, liability, on call services, loss investigation, claims losses exposure estimation, litigation management, and loss history reporting as a standard provision of the contract. In June, the City of Lubbock issued a Request for Proposal for property, liability, and workers' compensation claims adjusting services. This RFP closed at 2:00 p.m., Thursday, July 24, 1997. Twenty firms were sent requests for proposals. Proposals were received from the following six firms: Bland Harper and Associates, Inc. - Lubbock, Texas Brann Claims Service - Lubbock, Texas Crawford and Company - Dallas, Texas GAB Robins North America, Inc. - Houston, Texas Hammerman and Gainer, Inc. - Austin, Texas Lindsey Morden Claims Management, Inc. - Lubbock, Texas The City's policy and procedure for review and evaluation of proposals calls for a committee of management staff from various areas to evaluate and rate proposals. The committee used the following criteria for evaluation: Service Ability: Staffing Financial Capacity Professional Effort: Experience Management Information: Reporting Annual Projected Price 42 City Council Minutes August 14, 1997 Page 43 The results from the evaluation of the proposals produced the following: Crawford and Company 337.75 Points Hammerman and Gainer, Inc. 323.50 Points Lindsey Morden Claims Mgmt., Inc. 312.25 Points Brann Claims Service 303.25 Points Bland Harper and Associates, Inc. 293.50 Points GAB Robins North America, Inc. 240.75 Points Based upon these ratings, the committee scored Crawford and Company as our number one choice. Crawford and Company has a local office with 10 employees. The other firms' responses to our RFP were all of good quality and indicate that they also are capable firms. The issue of the one year contract with renewal option for two years is evaluated yearly upon the anniversary of the contract. It is then sent to Council with evaluation and recommendations for their approval. Staff believe that this provides the necessary reporting and performance and gives us the option within the sixty days' termination provision to properly control our needs for performance and pricing concerns. A two year option for renewal is proposed. The intent is to build and maintain a reasonable and productive business relationship in order to provide consistent service and source of review for both areas. Based upon the review committee's evaluation, staff recommended that the Council authorize the Mayor to enter into a contract with Crawford and Company for claims adjusting services. The contract period will be effective August 25, 1997 to August 25, 1998 and renewable each year for two consecutive years; term ending August 25, 2000. Either party may terminate the contract with or without cause and for any reason whatsoever by sixty days written prior notice. Staff recommended award of each of the bids to the bidder as indicated on the tabsheets and award of each contract as shown on the resolution. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to pass Resolution No. 5597 as recommended by staff. Motion carried: 6 Yeas, 1 Nays. Councilmember Hernandez voted nay. (56.) Consider resolution authorizing the Mayor to execute a street - use license with Hester's Business Equipment (1921 Broadway). Motion was made by Councilmember Ince, seconded by Councilmember Cooke to deny the request to place sign in the right of way. Motion carried: 5 Yeas, 2 Nays. Councilmembers Hernandez and Patterson voted nay. 43 City Council Minutes August 14, 1997 Page 44 Ancillary motion made by Councilmember Nelson to encourage Hester's Business Equipment to go through the allowable process at the September 18th ZBA meeting and to abate enforcement of sign ordinance. Point of Order made by Councilmember Ince that council cannot abate ordinances. Mayor Sitton noted an understanding of the spirit of the motion. (55.) Consider Resolution No. 5598 revising the Capital Projects Budget for the Broadway Streetscape Project. RESOLUTION NO, 5598 WHEREAS, the City of Lubbock, Texas, has approved the nomination of the Broadway Streetscape as a project for the Statewide Transportation Enhancement Program provided by the Intermodal Surface Transportation Efficiency Act (ISTEA); WHEREAS, the above request by the City is consistent with the Lubbock Metropolitan Transportation Plan: 2015 and with a previous Resolution No. 4280 passed by the City Council on October 14, 1993; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City of Lubbock hereby agrees to: • make changes to the City of Lubbock Capital Projects Funds Budget to provide an additional $253,000 in Unallocated Bond Proceeds to the initial $672,000 in matching funds for a total of $925,000 in matching funds for the Broadway Streetscape project. SECTION 2. THAT the Council hereby directs that a copy of this Resolution be forwarded to the Texas Department of Transportation as confirmation of the City's commitment to the project. Passed by the City Council this 14th day of August, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ Anita Burgess Anita Burgess, City Attorney 44 City Council Minutes August 14, 1997 Page 45 The Broadway Streetscape Project was approved in the 1993 bond election in the amount of $584,000; however, earlier estimates for a "complete" project were approximately $5,000,000. In 1994, the Texas Transportation Commission approved federal ISTEA Enhancement Program funds for the project in the amount of $1,625,704, requiring a local match of 20 per cent. Originally, the project application was for a $3,360,000 street improvement project. When the application was applied for, the federal portion of the funding was to be $2,688,000, with a local match of $672,000. Included in this application was $1,365,130 for historic lighting fixtures, which did not qualify for federal funding (since the initial application the amount designated for decorative lighting has been substantially reduced to $219,000). The project total approved for enhancement funding was adjusted to $1,994,870, with a federal funding dollar award of $1,595,896 or 80 per cent of the adjusted project total. This amount was then increased by $29,808, or 80 per cent of the unlisted TxDOT administration fee of $37,260. The final enhancement program funding award was $1,625,704. This was $1,062,296 less than originally anticipated in federal funds. Late in the project (July 1997), the City was advised there would be an additional, unanticipated $173,000 in TxDOT fees required to complete the project for construction management. Currently the project, with cutback, is estimated to cost $2,616,000. A breakdown of the estimated costs includes: Construction Cost $1,994,000 Consultant Cost 193,000 TxDOT Fee 210,000 Decorative Lighting 219,000 Total Project Cost $2,616,000 There is $1,625,704 available in federal funds, $672,000 budgeted in local funds, and $65,000 in BCR funds available for the project. This leaves approximately $253,000 in unbudgeted dollars needed to complete the project. This project has already been substantially cut back with the reduction of the decorative lighting. This is an important project for the community and is ready to go to TxDOT for review and bid -letting. If the project is delayed any longer the costs most likely will increase over the estimates staff now have, due to inflation. Staff have in place a fund specifically set up in the 1993 bond election ($4,178,000) to handle local match for transportation projects with state and federal funding. Initially, the funding program was budgeted as a 80/20 split. With the unanticipated cost increases, the split goes to 60/40. This action is made necessary primarily because of unanticipated TxDOT administrative fees charged to the project. It would change our funding split to 60/40, but this is still a good project. Further delays could substantially alter the quality of the final project. Staff recommended approval of this item. 45 City Council Minutes August 14, 1997 Page 46 Motion was made by Councilmember Hernandez, seconded by Councilmember Cooke to pass Resolution No. 5598 as recommended by staff. Motion carried: 6 Yeas, 1 Nays. Councilmember Nelson voted nay. PUBLIC HEARING (50.) Hold a public hearing to consider assessments for paving improvements on the 1995 Assessment Paving Program and consider an assessment ordinance. ORDINANCE NO, 10003 AN ORDINANCE CLOSING A HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING THE FOLLOWING ALLEYS LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS: THE EAST- WEST/NORTH-SOUTH ALLEY ABUTTING LOTS 507 THROUGH 524, MELONIE PARK ADDITION; AND INCLUDING PORTIONS OF THE FOLLOWING STREETS AND AVENUES: 26TH STREET FROM LA SALLE AVENUE TO KEWANEE AVENUE; 66TH STREET FROM FRANKFORD AVENUE TO IOLA AVENUE, AND FRANKFORD AVENUE FROM SPUR 327 TO 50TH 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 IN EVIDENCE HEREOF; ALLOCATING FUNDS. The proposed paving improvements consist of the following alleys and streets: Unit Number Description A-461-72 The east -west alley between 68th Street and 69th Street from Memphis Avenue east to 69th Street 2240-90 26th Street from LaSalle Avenue to Kewanee Avenue 2241-08 66th Street from Frankford Avenue to Iola Avenue 2242-04 Frankford Avenue from Spur 327 to 50th Street The purpose of this hearing is to provide the affected property owners on each unit an opportunity to express their feelings in regard to proposed assessments of the cost of paving improvements. After public comment the City Council will determine the amount to be assessed to the abutting property owners for each unit. City Council Minutes August 14, 1997 Page 47 Under Texas Law a municipality may assess an amount up to the special benefits, or enhancement value, of the paving improvements to the abutting properties. A qualified appraiser was engaged by the City to determine the enhancement value of the paving improvements for each of the abutting properties included in this project. His determinations are indicated on the assessment rolls as the "Enhancement Rate". When assessing an amount greater than the enhancement value, as determined by the appraiser, past City Councils have required that an agreement be signed by at least 50 per cent of the property owners stating that they agree to pay the rate set by Council. This approach is, in effect, paving by contract between the signing property owners and the City. The signed agreements may be considered as testimony that the benefits to the property are equal to the amount being assessed. The validity of this testimony could be challenged, and the City could be required to reduce the assessment rate to the enhancement rate for those owners not signing an agreement. The "Calculated Rate" shown on the assessment rolls is the maximum assessment rate which may be levied consistent with state law and the Policy, without regard to the enhancement value. This rate is calculated on the basis of the property owners paying 100 per cent of the curb and gutter cost and 90 per cent of the paving cost, which is the maximum allowed by state law. The public hearing will serve as the first of three readings of the _ assessment ordinance. The first part of this ordinance is included in the Council's back-up materials. The ordinance will be completed following testimony given at the public hearing. Following the hearing, staff will advertise for bids for the units remaining on the program, except for Frankford Avenue which is being constructed by TxDOT. If bids are less than the rates set by Council, at the second reading the assessment rates will be reduced to reflect actual cost. The rates can be reduced but cannot be increased from the amount advertised for the public hearing. The rates which were advertised for the public hearing are those indicated as "Calculated Rate" on the assessment rolls. The third and final reading of the ordinance will occur when a paving contract is awarded. Upon completion of the paving construction, the amounts determined by the City Council will be assessed to the abutting property owners. The assessments may be paid all at once or in five annual payments at 8 per cent interest. Mayor Sitton opened the public hearing at 4:48 p.m. Mr. Hall, Mr. Franklin, Mr. Hancock, and Mr. Rains appeared on behalf of the paving assessment A-461-72 Alley. No one appeared in opposition. Mayor Sitton closed the hearing at 5:04 p.m. Keith Smith, Senior Civil Engineer, presented staff comments and recommendations. 47 City Council Minutes August 14, 1997 Page 48 A. Unit A-461-72, Alley, which was requested by property owners by petition. 1. Authorize construction of this unit and assess based on the enhancement rate. Property owners would pay 27 per cent of the cost and the City would pay 73 per cent of the cost. 2. Authorize construction of this unit and assess the abutting property owners an amount up to the calculated rate. The property owners would pay up to 90 per cent of the paving cost. (Signed Agreement from property owners required.) 3. Delete the unit from the program. Staff recommended alternative 2. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to pass Ordinance No. 10003 (A-461-72 Alley) on alternative 2 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Mayor Sitton opened the public hearing at 5:04 p.m. Mr. Watterson, and Mr. Lewis appeared on behalf of the paving assessment 2240-90 Mr. Wright and Susan Cain appeared in opposition. Mayor Sitton closed the hearing at 5:16 p.m. Keith Smith, Senior Civil Engineer presented staff comments and recommendations. B. Unit 2240-90, 26th Street, which was requested by property owners by petition. 1. Authorize construction of this unit and assess the abutting property owners the enhancement rate. The property owners would pay 25 per cent of the paving and curb and gutter cost. The City would pay 75 per cent of the paving and curb and gutter cost. 2. Authorize paving of this unit and assess the abutting property owners an amount up to the calculated rate. The property owners would pay up to 90 per cent of the paving cost and up to 100 per cent of the curb and gutter cost. (Signed Agreement from property owners required.) 3. Delete the unit from the program. Staff recommended alternative 2. Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to pass Ordinance No. 10003 (2240- 90) alternative 2 as recommended by staff with two-thirds of the property owners approving the project. Motion carried: 6 Yeas, 1 Nay. Councilmember Ince voted nay. .• City Council Minutes August 14, 1997 Page 49 Mayor Sitton open the public hearing at 5:30 p.m. Mr. McDougal appeared on behalf of paving assessment 2241-08. No one appeared in opposition. Mayor Sitton closed the hearing at 5:34 p.m. Keith Smith, Senior Civil Engineer, gave staff comments and recommendations. C. Unit 2241-08, 66th Street, which is a capital project. 1. Assess the abutting property owners any amount up to the calculated rate, which is equal to the enhancement rate for this unit. The property owners would pay up to 41 per cent of the paving and curb and gutter cost. 2. Do not assess any amount for this unit. Staff recommended that Council assess at the calculated rate for this unit. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to pass Ordinance No. 10003 (2241- 08) as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Mayor Sitton opened the public hearing at 5:35 p.m. No one appeared in favor of paving assessment 2242-04. Ed Price for the Knott Estate appeared in opposition. Mayor Sitton closed the hearing at 5:40 p.m. Keith Smith, Senior Civil Engineer, made staff comments and recommendation. D. Unit 2242-04, Frankford Avenue, which is a capital project. i. Assess the abutting property owners any amount up to the calculated rate, which is equal to the enhancement rate for this unit. At the calculated rate, of the total unit cost, TxDOT will pay 6 per cent, FHWA will pay 80 per cent, City will pay 4.8 per cent, assessments will pay 4.5 per cent, and prepaid paving will pay 4.7 per cent. 2. The City has an agreement with TxDOT for shared cost on this unit, with the City responsible for only 14 per cent of the cost. The assessment amounts are based on this 14 per cent City share, and are lower than normal. Prepaid paving funds were placed in escrow at the time of platting various properties abutting Frankford Avenue, in an amount based on the City providing 100 per cent of the construction cost. To be equitable, the City will refund the portion of those prepaid funds that are in excess of the City's 14 per cent obligation. 3. Do not assess any amount for this unit. Staff recommended that Council assess at the calculated rate for this unit. . • City Council Minutes August 14, 1997 Page 50 Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to pass Ordinance No. 10003 (2242-04) as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Councilmember Nelson voted nay. TRANSPORTATION (57.) Consider Ordinance No. 10004 amending the City Code to authorize making changes in weekly container pickups to fit weather, seasonal and usage requirements as required by such circumstances. ORDINANCE NO, 10004 AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE OPERATION OF THE CITY OF LUBBOCK SOLID WASTE DEPARTMENT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. During fall/winter months, (October -February) the amount of garbage placed in residential containers is substantially less than during the spring and summer. The Solid Waste Department conducted a pilot program last winter to determine if emptying dumpsters once a week rather than twice a week would be sufficient. The pilot program was successful. In addition to determining that once a week pickup is sufficient during this period, there were cost savings in labor, vehicle maintenance and fuel. Personnel not needed for collection were reassigned to other duties including alley clean-up, container inventory, and response to problem areas. Approval was recommended. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance No. 10004 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. PUBLIC SAFETY (58.) Consider Resolution No. 5599 authorizing the Mayor of the to execute a grant application with the United States Department of Justice. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a grant application and related documents to the United States Department of Justice, Bureau of Justice Assistance, Local Law Enforcement Block Grants Program for funds for new technology and that the Council hereby agrees, in accordance with the requirements of such grant application, to a cash match of $39,872.00, one -ninth of $358,848.00, and to establish or designate an advisory board to review the application for funding and make non -binding recommendations to the Council for the use of funds received under the Department's Block Grants Program. 50 City Council Minutes August 14, 1997 Page 51 Passed by the City Council this 14th day of August, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Debra B. Forte Debra B. Forte, First Asst. City Mgr APPROVED AS TO FORM: /s/ Dan Saluri Dan Saluri, Assistant City Attorney Motion was made by Councilmember Neugebauer, seconded by Councilmember Nelson to pass Resolution No. 5599 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (58A.) Consider Resolution No. 5600 creating a grant advisory board for the Local Law Enforcement Block Grants Program (equipment). RESOLUTION NO, 5600 WHEREAS, in Resolution No. 5599 the City Council of the City of Lubbock, Texas authorized and directed the Mayor to execute for and on behalf of the City a grant application and related documents with the United States Department of Justice for new technology; and WHEREAS, as a condition of receiving grant funds, the City Must establish or designate an advisory board that includes representatives of groups with a recognized interest in criminal justice and crime or substance abuse prevention and treatment; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT an advisory board is hereby created to review the City of Lubbock's application for funding for equipment for the Lubbock Police Department and to make non -binding recommendations to the City Council for the use of funds received as a result of the application. SECTION 2. THAT the City Council shall appoint five (5) regular members to the advisory board consisting of one representative from ea:„h of the following categories: Local Law Enforcement Agency Local Prosecutor's Office Local Court System Local Public School System Local Nonprofit Group (educational, religious, or community) active in crime prevention or drug use prevention or treatment 51 City Council Minutes August 14, 1997 Page 52 SECTION 3. THAT the City Council shall appoint five (5) additional members to the advisory board (one from each of the above described categories) who shall serve as alternate members of such board and participate in the board's activities only if the regular member who is their counterpart is, for any reason, unable or unwilling to participate in such activities. SECTION 4. THAT the staff liaison to the board shall be the Chief of Police of the City of Lubbock or his designated representative. SECTION 5. THAT the Board shall select a chairperson in accordance with the City Policy and Procedures Manual, Volume II. SECTION 6. THAT the regular members of the board or their respective alternates shall meet at such times and places as they deem necessary to fulfill the responsibilities designated herein by the Council, and such regular members or their alternates shall appoint one of their members to record the business and proceedings of the board and present the board's findings and recommendations to the Council. Passed by the City Council this 14th day of August, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Debra B. Forte Debra B. Forte, First Assistant City Manager APPROVED AS TO FORM: /s/ Dan Saluri Dan Saluri, Assistant City Attorney The Omnibus Fiscal Year 1997 Appropriations Act (Public Law 104-208) authorizes the Director of the Bureau of Justice Assistance (BJA) to make funds available to local units of government under the Local Law Enforcement Block Grants (LLEBG) Program for the purposes of reducing crime and improving public safety. The Police Department requests that the City Council authorize the Mayor to execute the grant application with the United States Department of Justice. The Lubbock Police Department requests this grant to purchase new technologies and create an information sharing program between the Lubbock Police Department, Texas Department of Public Safety, and Criminal District Attorney's office to help track existing and new cases throughout the criminal process. Also, the Criminal District Attorney's office will receive a portion of the funds to 52 City Council Minutes August 14, 1997 Page 53 purchase new computer equipment and upgrade existing computer equipment to help their office better coordinate efforts with the Lubbock Police Department and the Texas Department of Public Safety. The grant money and the City of Lubbock's matching portion will be spent on new technologies that will help to better coordinate the crime prevention efforts of the Lubbock Police Department, Texas Department of Public Safety, and Criminal District Attorney's office. The grant requires one -ninth matching funds from the City in cash to be obligated and expended during the Federal project period. The Police Department is requesting a grant in the amount of $358,848. The City's share will be $39,872 from money set aside from a pending suit with a wrecker company. The grant also calls for the City to establish an advisory board to review the application for funding and make non -binding recommendations on the use of the funding. The Police Department recommended the passing of this resolution. Motion was made by Councilmember Neugebauer, seconded by Councilmember Nelson to pass Resolution No. 5600 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. CULTURE AND LEISURE SERVICES (59.) Consider Resolution No. 5601 authorizing the Mayor to rename the Lubbock Municipal Tennis Center. RESOLUTION NO, 5601 WHEREAS, the Parks and Recreation Board of the City of Lubbock recommends that the City Council rename the Lubbock Municipal Tennis Center; and WHEREAS, the City Council, after due consideration of various recommendations, has determined that it would be appropriate and in the best interest of the citizens of the City to rename the above -described tennis facility as hereafter stated; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Lubbock Municipal Tennis Center located at 66th Street and Gary Avenue shall henceforth be named the Burgess -Rushing Tennis Center. 53 City Council Minutes August 14, 1997 Page 54 Passed by the City Council this 14th day of August, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Rusty Black Rusty Black, Parks and Recreation Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney In 1977 the City completed construction of a twelve court tennis complex located in Leftwich Park, 60th and Elgin. This facility has come to be known as the Lubbock Municipal Tennis Center. At the June 24, 1997 Parks and Recreation Board meeting, an item was placed on the agenda to consider a request to rename the Lubbock Municipal Tennis Center. Under Parks and Recreation departmental policy, the naming or renaming of a park or recreation facility is ultimately the responsibility of the City Council. The policy states that the City Council be provided with three names for consideration from the Parks and Recreation Board. The three names submitted by the Parks and Recreation Board for City Council consideration are: The Hubert Lee Burgess Tennis Center The Dub Rushing Tennis Center The Burgess -Rushing Tennis Center Brief information related to each individual is in City Council backup material. The Parks and Recreation Board preference is for the Tennis Center to be named the Burgess -Rushing Tennis Center. Motion was made by Councilmember Ince, seconded by Councilmember Hernandez to pass Resolution No. 5601 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 54 City Council Minutes August 14, 1997 Page 55 ELECTRIC UTILITIES (60.) Consider resolution authorizing the Mayor to execute a lease agreement with the Lubbock Chambers of Commerce. This item was deleted in work session. (61.) Consider resolution authorizing the Mayor to execute a lease agreement with Market Lubbock, Inc. This item was deleted in work session. (62.) Consider resolution authorizing the Mayor to execute a lease agreement with METTS, Inc. This item was deleted in work session. (63.) Consider resolution authorizing the Mayor to execute a contract of sale with the Lubbock Housing Authority. This item was deleted in work session. WATER UTILITIES (64.) Consider Resolution No. 5602 authorizing the Mayor to accept water and sewer system improvements for Lots 161 through 257 and Tracts A-5, A-6 and D, Summerfield Addition. RESOLUTION NO, 5602 A RESOLUTION ACCEPTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR LOTS 161-257 AND TRACTS A-5, A-6 AND D, SUMMERFIELD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. WHEREAS, the developer of Lots 161-257, and Tracts A-5, A-6 and D, Summerfield Addition to the City of Lubbock, Lubbock County, Texas, has complied with the provisions of Article IV, Chapter 28 of the Code of Ordinances of the City of Lubbock, in providing the water and sewer improvements for said Addition; and WHEREAS, the total utility cost to the developer is $137,801.52, with the improvements constructed by Utility Contractors of America having a value of $102,329.95, as determined by the unit prices established by said Chapter 28, and $35,471.57 cash paid to the City, with Lubbock Land Company, the developer, to receive a refund of $39,718.74 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock and a refund of deposit in the amount of $0.00; and WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the Water Utilities Engineer and completed in accordance with the City of Lubbock's plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements be and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 55 City Council Minutes August 14, 1997 Page 56 SECTION 2. THAT the refundable cost in the amount of $39,718.74 be made in accordance with said Chapter 28. SECTION 3. THAT a refund of deposit be made in the amount of $0.00. SECTION 4. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by the City Council this 14th day of August, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Michael E. Murphy Michael E. Murphy, Chief Engineer, Water Utilities APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This is a routine acceptance of water and sanitary sewer improvements constructed in accordance with the subdivision regulations. The total cost of the improvements is $137,801.52 including value of construction costs of $102,329.95 and $35,471.57 cash paid to the City. The developer, Lubbock Land Company, will receive a refund of $39,718.74 in accordance with Chapter 28 of the Code of Ordinances of the City of Lubbock. There is no refund of deposit. This subdivision is located south of 82nd Street and west of University Avenue. Staff recommended acceptance of these improvements. Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to pass Resolution No. 5602 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Neugebauer was recused from the vote. MISCELLANEOUS (65.) Consider Ordinance No. 10005 authorizing Municipal Court Building Security Fund and Collection of Security Fee. 56 City Council Minutes August 14, 1997 Page 57 ORDINANCE NO, 10005 AN ORDINANCE CREATING A MUNICIPAL COURT BUILDING SECURITY FUND AND REQUIRING DEFENDANTS CONVICTED IN MUNICIPAL COURT OF MISDEMEANOR OFFENSES OTHER THAN PARKING VIOLATIONS TO PAY A $3.00 SECURITY FEE TO THE CLERK OF SUCH AS A COST OF COURT. In 1995, the 74th Texas Legislature expanded Article 102.017 of the Code of Criminal Procedure (CCP) to include municipalities in the collection of a $3 fee (as court costs) for a Municipal Court Building Security Fund. The 75th Legislature clarified when the fee is to be collected and provides in part, "The governing body of a municipality by ordinance may create a municipal court building security fund and may require a defendant convicted for a misdemeanor offense in a municipal court to pay a $3 security fee as a cost of court" [CCP 102.017 (b)] . This statute relieves the burden of providing security for municipal court from the law-abiding taxpayer and places the burden on the offender. After collecting the fees, the city may use the funds only "to finance security measures used for the purpose of providing security services for buildings housing a municipal court." Those measures include: "(1) the purchase or repair of X-ray machines and conveying systems; (2) handheld metal detectors, (3) walkthrough metal detectors; (4) identification cards and systems; (5) electronic locking and surveillance equipment; (6) bailiffs, deputy sheriffs, deputy constables, or contract security personnel during times when they are providing appropriate security services; (7) signage; (8) confiscated weapon inventory and tracking systems; or (9) locks, chains, or other security hardware" [CCP 102.017 (d)] . The funds may also be used to train personnel in security issues. By law the municipal court collects court costs pursuant to transactions handled at the court, in addition to fine amounts that are imposed. An average of only 22 per cent of all court costs collected remain in the municipal treasury, the remainder is deposited with the state comptroller. The security fees collected pursuant to this ordinance, if authorized, will remain totally within the municipality. The court estimates that the security fee will provide $40,000460,000 in funds per annum for municipal court security measures. During fiscal year 1997-98, the court will install security surveillance equipment, and hire a part-time bailiff/city marshal to maintain security during trials and arraignment procedures. In addition to maintaining the equipment and the bailiff's pay, the court will propose, as funds become available, improved security locking devices, identification systems, signage, etc. in conjunction with the proposed Municipal Square renovations. The staff recommended authorizing a municipal c collection of the security fee. Council approve the ordinance )urt building security fund and 57 City Council Minutes August 14, 1997 Page 58 Councilmember Nelson made a motion to approve with the following exception: "SECTION 2. THAT any defendant convicted for a misdemeanor offense in municipal court as defined in Art. 102.017, except parking offenses, is hereby required to pay a $3 security fee to the clerk of such court as a cost of court. " Councilmember Ince noted that he needed additional information as to the need for the security measures. Councilmember Neugebauer made a friendly motion to allow for including parking offenses. Friendly amendment was not accepted by Councilmember Nelson and there was no second to Councilmember Neugebauer's amendment. Motion was made by Councilmember Nelson, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 10005 as amended by council. Motion carried: 7 Yeas, 0 Nays. (66.) Consider Resolution No. 5603 authorizing the Mayor to execute an interlocal agreement with the County of Lubbock for the administration of the Reese Center Defense Readjustment Zone. RESOLUTION NO, 5603 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 Interlocal Agreement by and between the City and County of Lubbock for the administration of the Reese Center Defense Readjustment Zone. 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 14th day of August, 1997. s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Kevin G. Walker Kevin G. Walker, Business Liaison Officer /s/ Amy L. Whitt Amy L. Whitt, Assistant City Attorney City Council Minutes August 14, 1997 Page 59 A copy of the Interlocal Agreement is filed with Resolution 5603. In order for the City and County of Lubbock to nominate Reese Air Force Base for readjustment zone designation, there must first be an executed interlocal agreement. Since Reese is located outside the city limits of Lubbock, but is included in the extraterritorial jurisdiction of the city, the application for zone designation will be a joint application between the City and the County of Lubbock. Designation of Reese Air Force Base as a readjustment zone will assist the LRRA with the redevelopment of the base and replacement of the jobs lost in the closure. Since the base is located in the extraterritorial jurisdiction of the City of Lubbock, the City has to be a party to the application for designation and must have an executed interlocal agreement with Lubbock County as the joint applicant. This interlocal agreement will fulfill the requirements of the law on administering the joint zone. Staff recommended approval of the interlocal agreement with Lubbock County. Motion was made by Councilmember Neugebauer, seconded by Councilmember Cooke to pass Resolution No. 5603 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. BOARD APPOINTMENT (67.) Consider three appointments to Civic Lubbock, Incorporated Board of Directors. All board members' terms have the common expiration date of August 1. Term expirations are staggered. There is no limit to number of reappointments. Three members' terms expire in 1997. Of those three members, two ( Murray Hensley and Dave Knapp) are eligible for reappointment. The third member (Lloyd Maines) has resigned. A copy of the current roster and other supporting documentation is in City Council backup material. The Appointments Advisory Board recommended the reappointment of Murray Hensley and Dave Knapp. For the position vacated by Lloyd Maines, the following are recommended: Doug Hodel and Melissa Grimes. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to reappoint Murray Hensley and Dave Knapp and to appoint Curtis Parish to fill the vacancy to the Civic Lubbock, Inc. Board of Directors. Motion carried: 7 Yeas, 0 Nays. 59 City Council Minutes August 14, 1997 Page 60 (68.) Consider one appointment to the Mental Health and Mental Retardation Public Responsibility Committee. All board members' terms have the common expiration date of August 31, with the years staggered. The City of Lubbock has three positions on this board. The term limits are two years, and a board member can serve no more than three consecutive terms. Irma Guerrero was appointed November 1993, and is currently serving her second term. Ms. Guerrero is eligible to serve another term and has indicated an interest in so doing. Supporting documentation is in City Council backup material. The Appointments Advisory Board recommended the reappointment of Irma Guerrero to a third and final term. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to reappoint Irma Guerrero to the Mental Health and Mental Retardation Public Responsibility Committee. Motion carried: 7 Yeas, 0 Nays. (69.) Consider five appointments to METTS (Marketing, Entertainment, Travel, Tourism, and Sports) Board of Directors. All board members' terms have the common expiration date of October 1, with the years staggered. Four members' (Don Caldwell, Ronnie Hill, Jerry Stevens, and Irasema Velasquez) terms expired October 1, 1996, and they are eligible for reappointment. Two other members (Linda Greenstreet and Len Hutchinson ) have resigned. Supporting documentation is in City Council backup material. The Appointments Advisory Board recommended the reappointment of the four eligible board members as follows: Don Caldwell, Ronnie Hill, Jerry Stevens, and Irasema Velasquez. Recommendations to fill the vacancy of Linda Greenstreet are Troy Schiermeyer, Scott Malouf, Robin Richard, and Eddie Owens. In that the term expiration for Len Hutchinson's position is October, 1997, it is recommended that this vacancy be filled at the same time the other October, 1997, term expirations are considered. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Greg Fort and Subodh Patel to the METTS, Inc. Board of Directors. Motion carried: 7 Yeas, 0 Nays. (70.) Consider one appointment to the Emergency Communication District Board of Managers. Texas Health and Safety Code 772.301 through 772.329, which governs the 9-1-1 districts in Texas, prescribes two members to be appointed by the most populated city. The two members representing the City of Lubbock are Robert Massengale and Tom Tuning. Mr. Tuning, Managing Director of the City's Information and Communication Services for many years, has submitted his resignation as he is moving from the Lubbock area. City Council Minutes August 14, 1997 Page 61 Due to the technical issues at hand, it is recommended that Mr. Tuning's replacement be familiar with the communications field. Supporting documentation is in City Council backup material. City Manager Bob Cass recommended that Sharlett Chowning, Director of Information Services for the City of Lubbock, be appointed to this position. Her expertise in the communications field and knowledge of the 9-1-1 subject would provide the continuity needed at this time. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Sharlett Chowning to the Emergency Communication District Board of Managers. Motion carried: 7 Yeas, 0 Nays. (71.) Consider one appointment to the Board of Directors for the Lubbock Housing Finance Corporation. The length of each term on the Board of Directors is six years. There is no limit to the number of reappointments. The term for David Langston expired December 31, 1996. At that time, the Board requested the position be held until members had time to make recommendations to the Lubbock City Council. The Board has made recommendations and supporting documentation is in City Council backup material. Of the two recommended by the Board, Mr. Todd McKee was an active board member of the Community Development and Services Board. He has declined reappointment to that position. The Appointments Advisory Board recommended the following: Bill Killgore, Dwight Overton, David Quintanilla, and Freddy Reyna. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to appoint Dwight Overton to the Lubbock Housing Finance Corporation. Motion carried: 7 Yeas, 0 Nays. (72.) Consider Resolution No. 5604 regarding one appointment to the Board of Directors of the Canadian River Municipal Water Authority. RESOLUTION NO, 5604 WHEREAS, the City Council of the City of Lubbock, Texas, heretofore re- appointed James Collins, to serve as a member of the Board of Directors of the CANADIAN RIVER MUNICIPAL WATER AUTHORITY for the term ending July 31, 1997, pursuant to the provisions of Chapter 243 of the laws passed by the Regular Session of the Texas Legislature in 1953; and WHEREAS, such office has now become vacant by reason of the expiration of the term of the aforesaid appointee; and WHEREAS, in the performance of its duty under Texas law, this City Council desires to appoint a person qualified to fill the vacancy occasioned by the expiration of such term; NOW THEREFORE: 61 City Council Minutes August 14, 1997 Page 62 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. THAT James Collins, a qualified voter and property owning taxpayer of the City of Lubbock, who is not a member of the governing body or an employee of said City, be and is hereby re -appointed to the Board of Directors of the CANADIAN RIVER MUNICIPAL WATER AUTHORITY for the term ending July 31, 1999. SECTION 2. THAT the director appointed as aforesaid shall be certified to the Board of Directors of the CANADIAN RIVER MUNICIPAL WATER AUTHORITY by the Mayor of this City and shall otherwise qualify in the manner prescribed by Texas Law. Passed by the City Council this 14th day of August, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Certification of Director is filed with Resolution 5604. Each of the eleven member cities of the Canadian River Municipal Water Authority is entitled to appoint directors to serve on the Board of Directors of the Authority. Due to Lubbock's population, it has two director positions. The length of each term is two years, and there is no limit to the number of reappointments. James Collins' current term expired July 31, 1997. Mr. Collins was first appointed July 31, 1993. Supporting documentation from CRMWA is in City Council backup material. Staff and the Appointments Advisory Board recommended that Mr. Collins be re -appointed to the Board of Directors. He has served the City well in this capacity. There is currently a very important project which Mr. Collins has been with since its inception. The other Lubbock board member is completing his first year and it is recommended to keep Mr. Collins in place also for continuity. 62 City Council Minutes August 14, 1997 Page 63 Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass Resolution No. 5604 as recommended by the Appointments Advisory Board and staff. Motion carried: 7 Yeas, 0 Nays. (73.) Consider one appointment to the Health Facilities Development Corporation Board of Directors. Ms. Helen Payne resigned from this board effective June 30, 1997. Her term expires January 14, 1998. The term length for each board member is six years. Although this board meets on an as -needed basis, the issues addressed are very technical in nature. It is therefore critical that there be some continuity in terms of tenure on this board. Don Dennis, attorney for Lubbock Health Facilities Development Corporation, advised that recruits not be pulled from the medical community because of the potential for conflict of interest. Supporting documentation is in City Council backup material. Health Facilities Development Corporation Board of Directors recommended Mr. Lewis Murphee to fill this position. The Appointments Advisory Board recommended the following: Neriman Guven, Pat Harris, or Dr. James G. Morris. Motion was made by Councilmember Cooke and seconded by Councilmember Nelson to appoint Neriman Guven to the Health Facilities Development Corporation Board of Directors. Motion carried: 7 Yeas, 0 Nays. 6:00 P.M. REGULAR CITY COUNCIL MEETING RECESSED 6:20 P.M. REGULAR CITY COUNCIL MEETING RECONVENED BUDGET (51.) Hold a public hearing to consider the proposed 1997-98 budget for the City of Lubbock. The public hearing to discuss the proposed FY 1997-98 Budget was scheduled for 5:30 p.m. August 14th in the City Council Chambers. Legal notices publicizing the public hearing were printed in the Lubbock Avalanche -Journal on August 1st and 3rd. The proposed budgets were reviewed by the City Council during budget work sessions in July. The proposed budget was filed with the City Secretary on July 28th as required by law. In addition to being available in the City Secretary's office for the public to review, the budget was also made available to citizens at all library branches and the senior and community centers. Included in the Proposed Fiscal Year 1997-98 Budget are the new or expanded programs totaling $1,056,776 across all funds. The programs focus in three main areas: technology, staffing to enhance direct service delivery, and public safety. Technology: $35,788 - Lap top computers utilized by the animal services officers to increase productivity. 63 City Council Minutes August 14, 1997 Page 64 $50,000 - LED red lights in the traffic signal system with 5 year payback in efficiency savings Staffing: $58,700 - Part time court (2) for Municipal Court includes a part- time judge and bailiff to address court case overload. $40,567 - Public information specialist (1) that will enhance the public information capabilities to citizens of Lubbock. $22,651 - Data entry clerk (1) for Building Inspection will accelerate the entry of the inspector's data by allowing them to go back out on the street while letting the clerk enter data. $28,742 - Park development planner (1) in Park Development 100 per cent funded through capital projects. Position will assist in the implementation of the Parks Master Plan. $64,907 - Electrician distribution relief journeyman (1) and apprentice (1) in LP&L will address safety regulations (OSHA). $12,277 - Electrical engineer interns (2) in LP&L will establish an intern program for electrical engineering students. $25,000 - Intermediate engineering technician (1) in Water Engineering will provide the additional drafting support needed by the engineering staff and will assist the department in performing many engineering projects in-house and more efficiently. $219,879 - Construction crew (4) for Water and Sewer will create one fully equipped construction crew to work exclusively on water line changeouts. $22,065 - Senior dispatch clerk (1) in Water will provide the Meter and Customer Service section with more effective and efficient customer response and data entry and retrieval. Public Safety: $169,788 - Four firefighters, with two being funded by PSIP savings, will allow for staff development and reduction of overtime. $58,510 - Desk sergeant (1) in Patrol will free police officer for patrol duty. $116,944 - Clothing allowance for police officers. $23,714 - Pawnshop data entry clerk (1) in Investigations will free police officer for patrol duty. $93,653 - Two motorcycle officers for Patrol will put two additional officers on the street. $42,333 - Data entry clerk (1 full time and 2 part time) in Police Records will reduce the overtime for this section by $15,000. City Council Minutes August 14, 1997 Page 65 The proposed budget also includes a one-time utilization of fund balance of $2,932,500. These expenditures are for economic development and one-time capital items. $450,000 - Reese Redevelopment Authority enhanced marketing efforts and other local match requirements. $800,000 - Workforce Development -Technology Center. $350,000 - Municipal Square Renovation for Police. $150,000 - Upgrade police computers. $100,000 - Internal service fund for printing press to address safety and operational efficiencies. $150,000 - Codes hardware/software upgrade of technology. $50,000 - Enhance library books stock due to keeping book budget constant for several years and self -check for Mahon Library to increase customer efficiency. $800,000 - Airport debt payoff. $82,500 - Crematorium at Animal Services will generate new revenue stream, enhance services to citizens and at the same time reduce costs by minimizing waste stream of landfill. Supporting documentation on the changes from the original proposed 1997-98 budget is in the City Council backup material. The public hearing is required by law. A sign-up sheet was provided for any individuals or groups who wished to address the Council regarding the 1997-98 Budget. Mayor Sitton opened the public hearing at 6:46 p.m. Cecil Puryear, Mikel Ward and Victor Cargisle spoke regarding the budget. Mayor Sitton closed the hearing at 7:11 p.m. (53.) Consider Ordinance No. 10006 approving and adopting a budget for fiscal year 1997-98. ORDINANCE NO, 10006 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 1997-98 PROVIDING FOR NECESSARY TRANSFERS OF FUNDS BETWEEN ACCOUNTS AND DEPARTMENTS, IF REQUIRED; APPROPRIATE FUNDS FOR THE 1997-98 FISCAL YEAR BUDGET OF THE CITY OF LUBBOCK; ESTABLISHING CIVIL SERVICE CLASSIFICATIONS; AND PROVIDING FOR A SAVINGS CLAUSE. This will be the first reading of the ordinance adopting the Proposed 1997-98 Budget. Adoption of the budget ordinance must precede adoption of the tax rate and must be considered as a separate item. A public hearing must precede approval of the budget. The public hearing is scheduled for 5:30 p.m. in the Council Chambers. The proposed budget was filed July 28, 1997 in accordance with state law and has been made available to the public in the City Secretary's office. In addition to the proposed 65 City Council Minutes August 14, 1997 Page 66 budget available in the City Secretary's office, it was also taken to all library branches and the senior and community centers for public view. The budget for FY 1997-98 has changed from the July 15th and 17th budget work sessions due to the change in the property tax rate. The budget is based on a proposed $0.58 tax rate per $100 valuation. The rate was decreased by $0.0059 from the prior $0.5859 tax rate due to the direction of City Council to lower the — property tax rate to the citizens of Lubbock. The proposed budget does not include any fee or rate increases, however, it does include a 3 per cent merit based salary increase for full time employees, a 1 per cent market adjustment for Civil Service, and a 1 per cent increase in the Texas Municipal Retirement System rate. A $2,932,500 utilization of fund balance is included in the budget to pay for one-time expenditures for capital and economic development. The budget has been filed as required by state law and available for public inspection. Staff recommended adoption of the proposed budget. Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 10006 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (52.) Consider Ordinance No. 10007 authorizing plan changes in regard to the Texas Municipal Retirement System. ORDINANCE NO, 10007 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF LUBBOCK; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; TO INCREASE THE RATE OF DEPOSITS TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY THE EMPLOYEES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. This ordinance will authorize proposed plan changes regarding the employee retirement plan through the Texas Municipal Retirement System (TMRS). The ordinance authorizes the following plan provisions: Employee deposit rate of 7 per cent of their individual earnings. Employees currently deposit 6 per cent of earnings. 100 per cent of Updated Service Credits for eligible employees on an annual repeating basis. 30 per cent of CPI increase in annuities for retired employees or their beneficiaries on an annual repeating basis. City Council Minutes August 14, 1997 Page 67 The annual repeating Updated Service Credits and Increase in Retirement Annuities were authorized effective January 1, 1996. These provisions must be reauthorized as a result of increasing the employee deposit rate. Adopt a statutory maximum City deposit rate of 15.50 per cent. The standard statutory maximum City deposit rate for a 7 per cent employee deposit rate, 2 to 1 match plan, is 13.5 per cent. The City can adopt an optional statutory maximum rate of 15.50 per cent. The City deposit rate effective January 1, 1998 for the amended retirement plan is 13.96 per cent of covered payroll. The effective date of the amended plan is January 1, 1998. The Human Resources Department recommended approval of this ordinance. Motion was made by Councilmember Cooke, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 10007 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Councilmember Ince voted nay. (54.) Consider Ordinance No. 10008 setting the tax rate and levying a tax upon all property subject to taxation within the City of Lubbock, Texas for the year 1997-98. ORDINANCE NO, 10008 AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX UPON ALL PROPERTY SUBJECT TO TAXATION WITHIN THE CITY OF LUBBOCK, TEXAS, FOR THE YEAR 1997, APPORTIONING SAID LEVY AMONG THE VARIOUS FUNDS AND ITEMS FOR WHICH REVENUE MUST BE RAISED; FIXING THE TIMES IN WHICH SAID TAXES BE PAID AND ASSESSING PENALTY AND INTEREST FOR NONPAYMENT OF SUCH TAXES WITHIN THE TIME PROVIDED. Adoption of the tax rate is required by state law before September 1st or as soon thereafter as practical. However, the budget must be adopted prior to setting a tax rate and as a separate agenda item. The proposed budget is based on a $0.58 tax rate using a net taxable value of $5,832,316,561 as provided by the Lubbock Central Appraisal District. This will produce $33,827,436. The tax rate has been decreased from the prior year's $0.5859 tax rate. The LCAD publishes the required legal notices regarding the effective rate, rollback rate, and rate which requires advertisement of a tax increase. As was discussed at the July 17th Council work session, adoption of a $0.58 rate does not put the City in a position to be eligible for a rollback nor does it require a public hearing and advertisement of a tax increase. 67 City Council Minutes August 14, 1997 Page 68 The property tax revenue included in the proposed budget is based on adopting a tax rate of $0.58 per $100 of assessed valuation. The tax rate must be legally adopted in two portions -- Interest and Sinking Fund and Maintenance and Operations. The Maintenance and Operations rate consists of the allocation to the General Fund and the Economic Development Fund. The tax rate allocation and revenue distribution is provided below: Tax Rate Revenue Allocation Distribution na 100% $0.39689 $23,147,881 0.15311 8,929.860 0.03 1,749,695 Even though the General Fund distribution is $23,147,881, the amount budgeted is at 98 per cent collection or $22,684,924. Staff recommended adoption of a $.58 tax rate. The rate will be distributed as follows: $0.39689 for the General Fund; $0.15311 for the Interest and Sinking Fund; and $0.03 for the Economic Development Fund. Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 10008 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 7:20 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Neugebauer made a motion to adjourn. Councilmember Ince seconded the motion. Motion carried: 7 Yeas, 0 Nays. 4WVRODDYXS_1_r_O AMA 9R�4= ATTEST: t Kaythie Darnell, City Secretary .i Read and approved this of , 1997. Y SI'� ,MAYOR _ ATTEST: Kay 7�iDarnell, City Secretary i