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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/11/1997CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING September 11, 1997 8:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 11th day of September, 1997, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 8:00 A.M. Present: Mayor Windy Sitton, Mayor Pro Tern Alex Cooke, Councilmember David Nelson, Councilmember Max Ince, Councilmember Randy Neugebauer, and Deputy City Secretary Andrea Bell. Absent: Councilmember Victor Hernandez, Councilmember T. J. Patterson, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell. 8:00 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 to discuss personnel matters (City Manager); pending or contemplated litigation (Police Department, Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments to Municipal Court and boards and commissions, and to deliberate the purchase, exchange, lease, or value of real property (Culture Arts & Leisure Services, Electric Utilities). 8:05 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room Present: Mayor Windy Sitton, Mayor Pro Tern Alex Cooke, Councilmember Victor Hernandez, Councilmember T. J. Patterson, Councilmember David Nelson, Councilmember Max Ince, Councilmember Randy Neugebauer, City Manager Bob Cass, and City Attorney Anita Burgess. ( 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, 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: Municipal Court Temporary and Substitute Judges Airport Board Community Development & Services Board Committee for Women Finance Subcommittee -Citizens Advisory Committee for Five Year Capital Improvements Program (C.I.P.) Human Relations Commission 109 City Council Meeting September 11, 1997 Page 110 Keep Lubbock Beautiful Advisory Committee 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 (Culture Arts & Leisure Services, Electric Utilities). 9:46 A.M. WORK SESSION CONVENED Committee Room 103 Mayor Sitton and all Councilmembers were in attendance. (5.) Discuss regular agenda items. City Manager Bob Cass quickly discussed Item No. 30 and explained the rounding up of the rates. Comment was made that the council would be acting on the revised version with the rounding in effect. City Manager Bob Cass pulled Item No. 32 off of the Consent Agenda. ( 6.) Presentation by Drainage Criteria Advisory Committee regarding issues and recommendations concerning the City's first Drainage Criteria Manual. Gary Rothwell, Chair, and Marsha Hensley, City Staff. ( 7.) Presentation on issuance of Electric Revenue bonds for construction of a generation project. Robert Massengale, City Staff. ( 8.) Discuss possible changes to City Council meeting dates in November and December. 11:10 A.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tern Alex Cooke, Councilmember Victor Hernandez, Councilmember T. J. Patterson, Councilmember David Nelson, Councilmember Max Ince, Councilmember Randy Neugebauer, City Manager Bob Cass, City Attorney Anita Burgess, and Deputy City Secretary Andrea Bell. Mayor Sitton called the meeting to order at 11:10 A.M. ( 9.) The Invocation was given by Mike Nuthman, Minister of Involvement, Raintree Christian Church. (10.) Pledge of Allegiance was given in unison by those in the City Council Chambers. (11.) Update on activity of Keep Lubbock Beautiful Advisory Committee presented by Kelly Marble, Chair. 110 City Council Meeting September 11, 1997 Page 111 The Keep Lubbock Beautiful Advisory Committee works with the Keep America Beautiful system, which includes Keep Texas Beautiful, to preserve a beautiful and sanitary environment that is beneficial to the health, safety and welfare of the citizens of Lubbock. (12.) Special Recognition presented to Lubbock Independent School District for receiving the "Arts Basic School Award" from the Texas Commission on the Arts. The Lubbock Arts Alliance nominated the Lubbock Independent School District (LISD) for the "Arts Basic School Award" from the Texas Commission on the Arts. This year, only four nominees in the state received this prestigious award that acknowledges excellence in education on the arts. Representatives from Lubbock Independent School District were presented with the award August 9, 1997 in Austin. Mayor Windy Sitton recognized Deborah Milosevich of the Lubbock Arts Alliance, who presented background information on the Arts Basic School Award. Deborah Milosevich introduced members of the Lubbock Independent School District who received the Special Recognition from Mayor Sitton. (13.) Special Recognition presented to Monterey High School. With the Monterey Plainsmen Baseball Team winning second in the State Tournament, Councilman David Nelson requested a Special Recognition for Monterey High School. Reagan Davis, President of the Student Body, accepted this Special Recognition. Also in attendance from the Student Body were: Adrian Cortez, Student Body Vice President; Haley Hurt, Student Body Secretary; Amy Jones, Student Body Treasurer; and Terri Navrkal, Assistant Principal in charge of Student Activities. The students of Monterey High School consistently seek academic, athletic, and vocational excellence in representing their school. The students of Monterey High School have received many state and nationwide awards for outstanding accomplishments in all areas of academic and athletic competition. BOARD APPOINTMENTS RECOGNITION METTS Receiving: Greg Fort Health Facilities Development Corporation Board of Directors Receiving: Neriman Guven Citizens Traffic Commission Receiving: Anna Jenkin Committee Development and Services Board Receiving: Mackie Bobo Committee for Women Receiving: Lola Gilmore 111 City Council Meeting September 11, 1997 Page 112 Due to the number of citizens wanting to make comments, the Mayor put a three minute time limit on each speaker. Cecil Puryear Stan Mitchell Karen Campbell Irma Guerrero Mikel Ward Each of the above people spoke against the purchase of the Depot Building. David Langston Don Caldwell Marlene Johnston Phyllis Jones Each of the above people spoke in favor of the purchase of the Depot Building. CONSENT AGENDA (Items No. 14-31, No. 33-43) (14.) Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to approve the minutes of the August 14, 1997 Regular City Council Meeting as written. Motion carried: 7 Yeas, 0 Nays. (15.) ORDINANCE NO. 9996 - Abandon and close a portion of a twenty -foot alley located in the Reddin Addition (6411 19th Street). AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 20- FOOT ALLEY LOCATED IN REDDIN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND 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. This ordinance was read as a routine item at the June 26, 1997 City Council meeting. The Right -of -Way Department recommended approval of the second reading of this ordinance. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on second and final reading Ordinance No. 9996 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (16.) ORDINANCE NO. 10009 - Abandon and close a ten -foot underground and switch enclosure easement located in Tract F-1, Shadow Hills Addition (5920 4th Street). 112 City Council Meeting September 11, 1997 Page 113 AN ORDINANCE ABANDONING AND CLOSING A TEN -FOOT UNDERGROUND UTILITY AND SWITCH ENCLOSURE EASEMENT LOCATED IN TRACT F-1, SHADOW HILLS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS 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 Patterson, seconded by Councilmember Nelson to pass on second and final reading Ordinance No. 10009 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (17.) ORDINANCE NO. 10010 - Zone Case No. 1223-F (2579 South Loop 289, Rear): Request of Ronny Puckett (for Poka Lambro) for a zoning change from C-3 to C-3 Specific Use for a communications tower on a portion of land out of Lot B, Science Spectrum Addition. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1223-F; A ZONING CHANGE FROM C-3 TO C-3 SPECIFIC USE ZONING FOR A COMMUNICATIONS TOWER ON A PORTION OF LAND OUT OF LOT B, SCIENCE SPECTRUM ADDITION, LUBBOCK, TEXAS SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on second and final reading Ordinance No. 10010 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (18.) ORDINANCE NO. 10011 - Zone Case No. 2573-B (north of 4th Street and northeast of Brentwood Avenue): Request of Ronny Puckett (for Poka Lambro) for zoning change from R- 1 to R-1 Specific Use for a communications tower on a tract of land out of Tract 1, Section 1, Block JS. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2573-B; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR A COMMUNICATIONS TOWER ON A TRACT OF LAND OUT OF TRACT 1, SECTION 1, BLOCK JS, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on second and final reading Ordinance No. 10011 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 113 City Council Meeting September 11, 1997 Page 114 (19.) ORDINANCE NO. 10012 - Zone Case. No 2658-D (south of 50th Street and west of Elgin Avenue): Request of Hugo Reed (for South Bay Partners, Inc.) for a zoning change from C-3 and C-3 Specific Use to AM for an assisted living center on a portion of land out of Tract A, Monterey Center Addition. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2658-D; A ZONING CHANGE FROM C-3 AND C-3 SPECIFIC USE TO AM FOR AN ASSISTED LIVING CENTER ON A PORTION OF LAND OUT OF TRACT A, MONTEREY CENTER ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on second and final reading Ordinance No. 10012 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (20.) ORDINANCE NO. 10013 - Zone Case No. 921-J (2015 50th Street): Request of TVI, Inc. (for dba Savers Thrift Department Store) for a zoning change from C-3 to C-4 limited to a resale department store and all permitted C-3 uses on Lot C-1 and the west 50 feet of Lot D, Briercroft Addition. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 921-J; A ZONING CHANGE FROM C-3 TO C-4 ZONING LIMITED TO A RESALE DEPARTMENT STORE ON LOT C-1 AND THE WEST 50 FEET OF LOT D, BRIERCROFT ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on second and final reading Ordinance No. 10013 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (21.) ORDINANCE NO. 10014 - Zone Case No. 2798 (between Emory and Duke east of Avenue K): Request of Doyle McFerrin for a zoning change from IHC to IHI on a portion of land out of Block 3, Milton Addition. 121104► 01 till) El AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2798; A ZONING CHANGE FROM IHC TO IHI ZONING ON A PORTION OF LAND OUT OF BLOCK 3, MILTON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 114 City Council Meeting September 11, 1997 Page 115 Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on second and final reading Ordinance No. 10014 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (22.) ORDINANCE NO. 10015 - Nominate an area as a Defense Economic Readjustment Zone pursuant to the Texas Defense Economic Readjustment Zone Act (Texas Government Code, Chapter 2310). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS NOMINATING AN AREA AS A DEFENSE ECONOMIC READJUSTMENT ZONE PURSUANT TO THE TEXAS DEFENSE ECONOMIC READJUSTMENT ZONE ACT (TEXAS GOVERNMENT CODE, CHAPTER 2310); PROVIDING TAX INCENTIVES. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on second and final reading Ordinance No. 10015 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (23.) Consider Resolution No. 5617 authorizing the Mayor to execute a street monitor well permit with Jones Environmental, Inc. for use of a city street (6610 Frankford Avenue) . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street/Alley And/Or City Public Grounds Monitor Well Permit by and between the City of Lubbock and Jones Environmental, Inc., attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 1lth day of September, 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM 115 City Council Meeting September 11, 1997 Page 116 A copy of the Monitor Well Permit is filed with Resolution 5617. This permit allows Jones Environment to drill a monitor well for E-Z Mart in the west parkway of Frankford Avenue, just south of 66th Street. This well will give Jones Environmental, Inc. a means of checking possible water pollution which has occurred from previously leaking underground fuel tanks at the E-Z Mart directly across the street on the east side of Frankford. The Texas Natural Resource Conservation Commission has asked them to go off -site with this monitor well. The City will receive $100 per year for this well location. This permit is for twenty years, payable every five years in advance. The Right -of -Way Department recommended the approval of this monitor well permit. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5617 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (24.) Consider Resolution No. 5618 authorizing the Mayor to execute a Memorandum of Agreement and a Deed for the sale of Lots 1, 2, 3, 4, and 5, Block 32, Original Town Addition of Lubbock to the Texas Department of Transportation for the East-West Freeway (501 Avenue A). 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 Memorandum of Agreement and a Deed conveying some 16,431 square feet, more or less, of land out of Lots 1-5, Block 32, Original Town Addition of Lubbock, as recorded in Volume 5, Page 384 of the Deed Records of Lubbock County, in favor of the Texas Department of Transportation, said Deed to be in a form that shall be acceptable to the City Attorney of the said City of Lubbock. Passed by the City Council this 11th day of September, 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM 116 City Council Meeting September 11, 1997 Page 117 Copies of the Memorandum of Agreement and Deed are filed with Resolution 5618. The Texas Department of Transportation is in the process of buying right-of-way for the East-West Freeway along 4th Street. The City owns Lots 1-5, Block 32, Original Town Addition, which is at the southeast corner of 5th and Avenue A. This property houses a one million gallon water tank and pump facility. This facility is 56 years old and is currently not in use. It could be refurbished for approximately $645,000. The Water Utilities Department does not plan to refurbish this water pump complex or use it anymore. The offer from TxDOT for this property is $33,000 for the land ($2 per sq. ft) and $145,000 for the value of the existing improvements for a total offer of $178,000. The Right -of -Way Department and the Water Utilities Department have reviewed the appraisal of this property and find it acceptable. This resolution authorizes the Mayor to sign a Deed conveying the property and to sign a Memorandum of Agreement with TxDOT regarding the price, condition, occupancy date, and closing instructions. The Right -of -Way Department recommended the sale of this property to TxDOT. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5618 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (25.) Consider Resolution No. 5619 authorizing the Mayor to express support of a grant application for recycling education and backyard composting bins. RESOLUTION NO 5619 AS THE GOVERNING BODY OF THE CITY OF LUBBOCK, WE HEREBY RESOLVE AND AFFIRM TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION (TNRCC) AND SOUTH PLAINS ASSOCIATION OF GOVERNMENTS (SPAG) OUR SUPPORT OF THE PROGRAM IDENTIFIED IN OUR PROPOSAL FOR THE FISCAL YEAR 1998 SOLID WASTE GRANTS PROGRAM AND OUR ASSURANCE THAT IF FUNDED UNDER THIS, WE WILL USE OUR BEST EFFORTS TO: 1) comply with the provisions of the fiscal reimbursement and reporting requirements of TNRCC and the State of Texas; 2) use the funds for purpose(s) for which they are provided; and 3) insure project is in compliance with and supports local and/or regional solid waste management plans and/or programs applicable to SPAG region. 117 City Council Meeting September 11, 1997 Page 118 Passed by the City Council this 11th day of September, 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox, Managing Director of Transportation APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM HB 3072 mandates that the Texas Natural Resource Conservation Commission return to local governments one-half of all tipping fees collected in the state. The funds are apportioned back to each Council of Governments based on a formula which includes (but is not limited to) population, need and number of counties in the Council area. The Councils then conduct competitive grants programs to address the needs of their specific region. This year, the South Plains Association of Governments (SPAG) has approximately $234,000 available for pass -through implementation projects. The SPAG Solid Waste Advisory Committee has chosen to limit each single jurisdiction award to 25 percent ($58,000) of the total available funding. The Solid Waste Department has prepared a grant application in the amount of $58,000 to fund a recycling education program and to purchase backyard composting bins. Applications will be rated by the SPAG Solid Waste Advisory Committee on September 19, 1997. Each application must be accompanied by a resolution of support from the local governing body. Budget Impact — This grant is for an eighteen month period. At the end of the grant period, the program will be evaluated to determine whether it will receive continued funding from City resources. Staff recommended approval of this resolution supporting the grant application. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5619 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 118 City Council Meeting September 11, 1997 Page 119 (26.) Consider Resolution No. 5620 authorizing the Mayor to sign Contract Number 7121000108 with the Texas Natural Resource Conservation Commission for grant funding to assist with costs associated with operating the City's used -oil collection centers. 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, and any associated documents, by and between the City of Lubbock and The Texas Natural Resource Conservation Commission for assistance with the City's used - oil collection program, 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 1Ith day of September, 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox, Managing Director of Transportation APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM A copy of the Contract is filed with Resolution 5620. The Texas Natural Resource Conservation Commission released RFP's for assistance grants to help fund the costs associated with used -oil collection centers. The City of Lubbock Solid Waste Department applied for $8,127 in grant funding for activities associated with the operation of the City's seventeen drop-off locations. This grant request was awarded. Specifically, the grant funds will be used as follows: Public Education $1,200 Advertising and Promotions 5,000 Supplies 922 Construction 1,050 (drop-off sites at new fire stations) Total $g 127 119 City Council Meeting September 11, 1997 Page 120 The City of Lubbock established a used -oil collection program in 1991 in response to regulations prohibiting the disposal of used oil in landfills. Currently, there are seventeen used -oil collection sites located throughout the City. In FY 1995-96 approximately 30,000 gallons of used motor oil was collected and recycled. Budget Impact - These grant funds will cover approximately 86 percent of the annual operating expenses that the city incurs for operating this program. Staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5620 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (27.) Consider Resolution No. 5621 authorizing the Mayor to renew the contract on birth certificate services with the Texas Department of Health's Bureau of Vital Statistics. RESOLUTION NO 5621 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 the Texas Department of Health, Bureau of Vital Statistics, 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 1lth day of September, 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director of Health/Community Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM A copy of the Contract is filed with Resolution 5621. 120 City Council Meeting September 11, 1997 Page 121 On or about April of 1991, the City of Lubbock Health Department signed a contract with the Texas Department of Health's Bureau of Vital Statistics authorizing on-line access to their birth files. The new contract will ensure the Lubbock City Health Department's continuance on the remote certification system. The new contract contains no significant changes in comparison to the previous contract. The Lubbock City Health Department provides a service to citizens which gives them access to birth certificates if they were born in the State of Texas. The Health Department collects revenues from this service with no cost to the General Fund. Birth and death records generated $172,000 in the prior fiscal year with projected revenues for the current fiscal year being approximately $175,000. The Lubbock City Health Department staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5621 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (28.) Consider Resolution No. 5622 authorizing the Mayor to sign the application for the continuation of a grant with the Texas Department of Health and any other associated documents to provide HIV counseling services for prevention and education. 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 Application for Funding, by and between the City of Lubbock and the Texas Department of Health to provide HIV counseling services for prevention and education, attached herewith, and any associated documents, which Application 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. 121 City Council Meeting September 11, 1997 Page 122 Passed by the City Council this 1lth day of September, 1997. r:11w1�119 /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director of Health/Community Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM A copy of the Application for Funding is filed with Resolution 5622. This contract with the Texas Department of Health comes before the City Council annually. The contract includes the collaborative efforts among the Health Department, South Plains AIDS Resource Center, Catholic Family Services, and Mental Health Mental Retardation Center to provide HIV education, prevention, testing, and counseling. Each agency has a unique role in providing these services, not only to Lubbock residents, but to the fifteen southern counties that make up Region 1 of TDH. All agencies are needed to provide comprehensive, continuous care for persons at risk or who are diagnosed as HIV positive. The City Health Department provides testing and counseling services, both pre -test and post-test, with heavy emphasis placed on education and preventive measures. With the focus of HIV no longer being solely on the homosexual population, the counseling for education and preventive measures is increasing in the heterosexual population. The City Health Department targets various types of persons who are at risk for HIV infection, some of whom include homosexuals, heterosexuals, teens, college students, incarcerated persons (both teen and adults), gang members, etc. Through these targeted groups education and preventive measures are presented. Due to our educational efforts the incidence of HIV/AIDS has not increased as rapidly as in other parts of the country. The total attachment amount is $41,933, which covers salary and fringe benefits, travel, supplies and $1,600 in indirect (administrative) costs. 122 City Council Meeting September 11, 1997 Page 123 Without the Texas Department of Health contract, the City of Lubbock Health Department would not be able to fulfill a segment of the prevention aspect of the Core Missions of Public Health. Therefore, staff recommended approval of this resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5622 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (29.) Consider the price and condition of sale of Parcel Number 15760-22-120 at 2411 Hickory Avenue in the Chatman Hill Area. This is a routine sale of property by the Urban Renewal Agency to Lubbock Habitat for Humanity, a non-profit organization, for $30.00. The property is to be redeveloped with a new 1,200 SF, single-family residence valued at $30,000. The land is properly zoned. The proposed development is submitted according to Habitat for Humanity's future timeline plan to develop the 2400 block of Hickory Avenue with eight homes for low income families. The proposal was accepted by the URA Board of Commissioners on September 20, 1994. To date, six homes have been completed. Two homes are currently under construction. The Community Development Housing Department recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to authorize the sale. Motion carried: 7 Yeas, 0 Nays. (30.) Consider Resolution No. 5623 authorizing and directing the Director of Aviation to issue a new parking lot rate schedule. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Council hereby authorizes and directs the Director of Aviation for the City of Lubbock to issue to the Concessionaire for the Automobile Parking Concession Contract for the Lubbock International Airport a revised schedule of rates, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 123 City Council Meeting September 11, 1997 Page 124 Passed by the City Council this 11th day of September, 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mark N. Earle Mark N. Earle, Aviation Manager APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM A copy of the Rate Schedule is filed with Resolution 5623. Since the privatization of the airport parking operation this past June, several changes have been implemented to improve service and to speed up the process of exiting the lot during peak periods. Overall, the adjustments have been effective. Congestion problems are now limited to the extremely busy rush periods on Friday and Sunday afternoons. APCOA has advised us that they intend to continue to make adjustments until they have eliminated the congestion problem altogether. APCOA is addressing the congestion issue through manpower management at the exit booths. However, two other changes will be needed to allow us to achieve our goal of reducing the waiting time to no more than three minutes in line. One of the changes, the reconfiguration of the parking lot, was approved by the City Council during last year's budget process. It is currently under design and will go under construction sometime this Fall. The other needed change involves simplifying the parking rate schedule by "rounding off' the rates to the nearest quarter. This item involves Council approval of a new "rounded off' rate schedule. This will simplify the change making process at the toll booths and will help to speed up the lines to get out of the lot. The proposed rate schedule includes all taxes, and will be posted accordingly once approved by Council. A comparison of the current and proposed rates are in the back up material. The proposed rate change is not intended to increase the overall cost to the public of using the airport parking lot. It is intended only to increase efficiency. If approved, the change will result in less than a four percent annual increase in gross income. The Department of Aviation intends to closely monitor public reaction to the change. If it appears that the change is viewed by the public as a rate increase, the Department will be prepared to 124 City Council Meeting September 11, 1997 Page 125 respond with an educational campaign to counter the misperception. The Airport Board has reviewed and approved the proposed rate change. Staff also recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5623 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (31.) Consider Resolution No. 5624 authorizing the Mayor to execute Change Order No. 2 to the construction contract on the signs and graphics project at the airport. RESOLUTION NO. 5624 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 Change Order No. 2 to a Contract with Lee Lewis Construction Company for Signage and Graphics Improvements at Lubbock International Airport, 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 11th day of September, 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mark N. Earle Mark N. Earle, Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM A copy of Change Order No. 2 is filed with Resolution 5624. Construction of the airport signage and graphics project is a little more than halfway complete. As with most projects of this size and complexity, issues have arisen during construction that were unanticipated, and in some cases, outside the scope of the original contract. On February 13, 1997 the City Council approved Change Order No. 1 to cover the cost of relocating a rental car counter to make room for the project's new flight monitors. The cost of this relocation was originally going to be covered by the airport's advertising concessionaire as a part of another project. A subsequent change of plans by that company required us to absorb the cost of the demolition into the signage 125 City Council Meeting September 11, 1997 Page 126 and graphics project. A change order was issued and presented to the City Council. Since then, other issues have arisen on the project that will require a second change order. Most of the issues in Change Order No. 2 were driven by the design process for a separate project, the reconfiguration of the airport parking lot. The parking lot project was initiated well after the signage and graphics construction had begun. As the parking lot design progressed, it became apparent that a number of parking signs would need to be eliminated from the signage and graphics project, and a few new ones would need to be created. Other issues addressed in Change Order No. 2 are the addition of two flight monitor cabinets and the installation of an upgrade to the public address system at the airport. The additional flight monitor cabinets are needed to provide additional coverage in the outlying areas of the terminal building. The PA system upgrade is needed to address public complaints about the poor quality of the current system. These improvements were originally planned as future projects. They now are being recommended for inclusion in this project because of the availability of federal funds. The total cost of the project additions in Change Order No. 2 is $54,269. The total value of the deductions in Change Order No. 2 is $33,862. Taken together, these changes result in a net increase in project costs of $20,407. This increase falls within the project budget approved by the City Council this past April. A detailed list of the additions and deletions in Change Order No. 2 can be found in Exhibit 1. A summary of the total project costs -to -date, including Change Order No. 2, can be found in Exhibit 2. All of these exhibits are in the backup material. Clarification on RPR Services: At the outset of this project, it was determined that a Resident Project Representative (RPR) of the engineering firm should be utilized to help monitor construction. The Federal Aviation Administration encourages the use of an RPR and funds the cost of this service at the same level as project design and construction. Parkhill, Smith and Cooper, the engineering firm for the project, proposed a fee schedule for RPR services as a part of its original design contract. The City Council approved the fee schedule along with the design contract late last year. However, while the RPR rate schedule was approved, specific authorization to proceed with RPR services was not considered by Council as a part of the original contract. Customarily, RPR services are authorized only after the project design phase has been completed and a construction contract has been let. In April, as construction on the project was getting underway, the Department of Aviation submitted a revised budget for the Signage and Graphics Project that included an amount for RPR services, and as the project progressed, the services were utilized. While compiling the back-up for this change order, however, it was discovered that RPR services had not been specifically approved by Council. 126 City Council Meeting September 11, 1997 Page 127 To clarify the issue, staff now requests specific approval for RPR services for this contract. The total budget amount for this item is $30,000. This amount is already included in the approved budget, and therefore this action will not increase the overall cost of the project. The Airport Board has reviewed and approved these changes. Staff also recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5624 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (33.) Bid #97132 - Southeast Water Reclamation Plant Digestor Rehabilitation (Water Reclamation) 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 Southeast Water Reclamation Plant Digestor 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. Passed by the City Council this 11th day of September, 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/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM CONTRACT THIS AGREEMENT, made and entered into this llth day of September, 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 127 City Council Meeting September 11, 1997 Page 128 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 #97132 - SOUTHEAST WATER RECLAMATION PLAN IMPROVEMENTS - CONTRACT 5 DIGESTOR REHABILITATION - $2,219,000.00 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 /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 Avenue, Suite 200 Plano, Texas 75126 Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5625 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 128 City Council Meeting September 11, 1997 Page 129 (34.) Bid #97158 - Citibus Facility Renovation (Citibus) 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 Wardroup & Associates, Inc., of Lubbock, Texas, to install and furnish all materials and services as bid for the Citibus Facility Renovation, 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 1lth day of September, 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/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM CONTRACT THIS AGREEMENT, made and entered into this 11th day of September, 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 Wardroup & Associations, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #97158 - CITIBUS FACILITY RENOVATION - $101,797.00 129 City Council Meeting September 11, 1997 Page 130 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/ John Wilson Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary (35.) (36.) CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Wardroup & Associations, Inc. By: /s/ Wallace C. Wardroup PRINTED NAME: Wallace C. Wardroup TITLE: Vice President COMPLETE ADDRESS: Wardroup & Associations, Inc. 4408 Brownfield Drive Lubbock, Texas 79410 Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5626 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. Bid #97162 - Hydraulic Underground Cable Puller (Electric Distribution) TSE International, Inc. Shreveport, LA Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. Bid #97164 - Weld on Compactor Cleats (Solid Waste) West Texas Equipment Company Lubbock, TX 130 City Council Meeting September 11, 1997 Page 131 Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (37.) Bid #97166 - Trenching, Boring & Excavation Services - Annual Pricing (Electric Distribution) Deerwood Construction Lubbock, TX Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (38.) Bid #97180 - Vehicle Mounted Thermal Imaging System (Police Department) GT Distributors, Inc. Austin, TX Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (39.) Bid #97182 - Hodges Community Center Roof Replacement (Facilities Management) RESOLUTION NO, 5627 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract, attached herewith, by and between the City of Lubbock and Lydick -Hooks Roofing Company of Lubbock, Texas, to install and furnish all materials and services as bid for the Hodges Community Center Roof Replacement, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 1lth day of September, 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/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM 131 City Council Meeting September 11, 1997 Page 132 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 1lth day of September, 1997, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Lydick -Hooks Roofing Company, of 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 #97182 - HODGES COMMUNITY CENTER ROOF REPLACEMENT - $76,366.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Gary Smith Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Lydick -Hooks Roofing Company By: /s/ Ralph N. Hooks, Jr. PRINTED NAME: Ralph N. Hooks, Jr. TITLE: President COMPLETE ADDRESS: Lydick -Hooks Roofing Company P. O. Box 2605 Lubbock, Texas 79408 132 City Council Meeting September 11, 1997 Page 133 Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5627 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (40.) Bid #97183 - Copper Rawlings & Hodges Community Center Renovations (Facilities Management) 1� �1►Y�1r1��7���C��Y�:j 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 All Texas Builders, Inc., of Lubbock, Texas, to install and furnish all materials and services as bid for the Copper Rawlings & Hodges Community Center Renovations, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 11th day of September, 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/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM CONTRACT THIS AGREEMENT, made and entered into this 1Ith day of September, 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 All Texas Builders, 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: 133 City Council Meeting September 11, 1997 Page 134 BID #97183 - COPPER RAWLINGS AND HODGES COMMUNITY CENTER RENOVATION - $32,121.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Gary Smith Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: All Texas Builders, Inc. By: /s/ Tony Ratliff PRINTED NAME: Tony Ratliff TITLE: President COMPLETE ADDRESS: All Texas Builders, Inc. 1340 98th Street Lubbock, Texas 79452 Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5628 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 134 City Council Meeting September 11, 1997 Page 135 (41.) Bid #97188 - Plant Material (Community Development) Jenco Wholesale Nurseries Lubbock, TX Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (42.) Bid #97197 - Boat & Trailer (Water Utilities) Martin Marine Lubbock, TX Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. (43.) Bid #97208 - Repair of GT2 Gas Turbine (Electric Production) Greenwich Air Services East Granby, TX Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to approve low bid meeting specifications as recommended by staff. Motion carried: 7 Yeas; 0 Nays. 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. (32.) Consider ordinance amending Article V, Division I of Chapter 12 of the Code of Ordinances of the City of Lubbock in regard to objectionable, unsightly, or unsanitary matter. Motion was made by Councilmember Nelson, seconded by Councilmember Cooke to continue with this item until the next council meeting. Motion carried: 7 Yeas; 0 Nays. CULTURE/LEISURE SERVICES (44.) Consider Resolution No. 5629 authorizing the Mayor to execute a contract for the purchase of the Historic Ft. Worth and Denver Depot building and adjacent land. MaIRIMINNOINZIM 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 of Sale, by and between the City of Lubbock and 19th Street Warehouse, Inc., Ronald Edward Thompson and Caroline S. Thompson, attached herewith, in substantially the same form as Exhibit "A", 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. 135 City Council Meeting September 11, 1997 Page 136 Passed by the City Council this 11th day of September, 1997. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Carolyn Aliamus-Somma Carolyn Aliamus-Somma Managing Director of Culture -Leisure APPROVED AS TO FORM: /s/ Richard K. Casner Richard K. Casner Natural Resources Attorney /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM Jim Bertram, Strategic Planning, made a presentation to council regarding the purchase of the Ft. Worth and Denver Depot. Mayor Sitton asked the appraised value on the property. Mr. Bertram replied the City's appraiser valued the property at $630,000, while the Owner's appraiser valued it over a million dollars. Councilmember Nelson questioned if the money had been set aside for several years for the purpose of purchasing a location. Mr. Bertram answered in the affirmative. Councilmember Hernandez asked about the licensing agreement with the widow of Buddy Holly. Staff member Connie Gibbons responded she was to receive 15 percent or an estimate of $35,000 a year. Councilmember Hernandez asked a question regarding the legal use of the hotel/motel funds. Carolyn Aliamus stated that the City is within the guidelines of the state. Councilmember Hernandez questioned the advantage of moving on this item today. Mr. Bertram responded that there is a thirty day period from the time the contract is signed to withdraw. City Manager Bob Cass stated he did not feel they could produce any additional information than what has already been done. Councilmember Nelson stated that Lubbock has been behind for years in the area of the arts and now able to do something within a brief time. Councilmember Hernandez stated he would have to vote in opposition for several reasons: cost too high for him, and the commitment to the Depot District is not well defined. 136 City Council Meeting September 11, 1997 Page 137 Mayor Sitton whole heartedly supports the Depot purchase. She listed several reasons this purchase would be good for Lubbock. Councilmember Neugebauer mentioned he had been wrestling with this issue. However, he is not ready to support purchase of the Depot. Councilmember Nelson and Councilmember Patterson gave their full support to the acquisition of the Depot. Motion was made by Mayor Pro Tem Cooke, seconded by Councilmember Nelson to pass Resolution No. 5627 as recommended by staff. Motion carried: 4 Yeas, 3 Nays. Councilmembers Hernandez, Ince, and Neugebauer voted nay. MISCELLANEOUS (45.) Consider Resolution No. 5630 authorizing changes to Section III.A.1, Section III.B.11.c, and Section VILE of the City of Lubbock Council Rules, Order of Business and Procedure. RESOLUTION NO, 5630 WHEREAS, the City Council of the City of Lubbock has heretofore made some changes to the time and format of City Council meetings on a trial basis; and WHEREAS, the City Council finds that it would be in the public interest to make such changes permanent by amending the City of Lubbock Council Rules, Order of Business and Procedure to reflect such changes in accordance with Section II.B of said Rules; and WHEREAS, said amendments have been introduced into the record at a prior regular meeting of the City Council; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section III.A.1 of the City of Lubbock Council Rules, Order of Business and Procedures is hereby amended to read as follows: A. City Council Meetings: 1. Regular Council Meeting -- The City Council shall meet twice each month in the City Council Chambers, Municipal Building, on the second and fourth Thursdays, or at such other times and places as shall be selected by the City Council by motion or consensus. City Council meetings are open to the public in accordance with the Texas Open Meetings Act, Chapter 551, Government Code. The Open Meetings Act requires any deliberation between a quorum of members of a governmental body to be conducted at a meeting open to the public pursuant to a 72-hour previous posting of the agenda of the meeting. The only exception to this requirement is for a gathering at social functions at which no public business is discussed. a. Work Sessions -- Work sessions may be incorporated into regular City Council meetings as required by the City Council. Any regular agenda items about which Council members may have concerns may be discussed in a work session prior to formal Council action. Although no formal Council action shall be taken during work sessions, work sessions afford Council 137 City Council Meeting September 11, 1997 Page 138 members the opportunity to voice concerns, obtain information, and question any agenda item. Work sessions are open to the public. b. Executive Session -- An executive session on a permitted topic (see Chapter 551, Government Code) may be held after the City Council has first been convened in open session, for which notice as provided in the Open Meetings Act has been given, and after the presiding officer has announced that an executive session will be held and indication the section or sections of the Open Meetings Act permitting the executive session. Executive sessions are generally allowable for consultation with an attorney about pending litigation, settlement offers; purchase, exchange or lease of real property; personnel matters; and security personnel or devises. The final action resulting from an executive session (vote or decision) must be made in open session. SECTION 2. THAT Section III.B.1 Lc of the City of Lubbock Council Rules, Order of Business and Procedures is hereby amended to reflect the current Agenda Format, a copy of which is attached hereto and which shall be inserted into Council Rules, Order of Business and Procedures at the appropriate place by the City Manager or his designee. SECTION 3. THAT Section VII. E of the City of Lubbock Council Rules, Order of Business and Procedures is hereby amended to read as follows: E. Scheduled Work Session -- It has been the policy of the City Council to have a Work Session incorporated into regular City Council meetings as required by the City Council. The Work Session provides an opportunity for Councilmembers to interact with City Staff in a less formal, work oriented atmosphere. SECTION 4. THAT the City Manager or his designee is hereby authorized and directed to incorporate this change into the said City of Lubbock Rules, Order of Business and Procedures and to take such other actions as may be required to carry out the purposes of this Resolution. Passed by the City Council this 11th day of September, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 138 City Council Meeting September 11, 1997 Page 139 With the election of a new Mayor and Council, suggested changes in the City Council's agenda format and meeting procedures were implemented in June on a trial basis. The primary changes involved rescheduling the starting time and order of the City Council's Executive Session, Work Session, and Regular City Council Meeting, as well as adding a Citizen Comments portion to the Agenda. City Council meetings now begin at 8:00 A.M., and Council recesses immediately into Executive Session. Work Session begins at 9:30 A.M. and City Council Regular Meeting reconvenes at 10:30 A.M. The Citizen Comments is a thirty -minute period dedicated to citizens who wish to address the Council. These changes are reflected in the current City Council Agendas. The actual printed agenda layout and appearance have also been changed to make it easier to read and follow Council items and activities during the meeting. City Council Rules (Sec.IIB, pp. 1-12) require changes to Council Rules, Order of Business and Procedures to be considered at two separate Council meetings. The item was placed on the August 28, 1997 agenda for initial entry and discussion purposes only. The item is on this agenda for consideration of formal adoption by Council. A six vote majority is required of Council for approval of these changes under City Council Rules. Because the changes in the City Council agenda have been favorably received by the City Council, City staff, and Lubbock citizens, staff recommended that the City Council pass this resolution and formally adopt these changes in the City Council's agenda format. Motion was made by Councilmember Neugebauer, seconded by Councilmember Cooke to pass Resolution No. 5630 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (46.) Consider Resolution No. 5631 appointing temporary and substitute judges for the Lubbock Municipal Court of Record. IMIN WHEREAS, Subsection 30.004(h) of the Government Code of the State of Texas provides that the governing body of the City of Lubbock may appoint temporary and substitute judges for the Lubbock Municipal Court of Record; and WHEREAS, such temporary and substitute judges shall meet the same qualifications to serve as are required of a regular municipal judge; and WHEREAS, the City Council of the City of Lubbock has determined that it is in the best interest of the citizens of the City of Lubbock to appoint the following named persons as temporary and substitute judges for the Municipal Court of Record; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the following named persons are hereby appointed temporary and substitute judges of the Lubbock Municipal Court of Record. 139 City Council Meeting September 11, 1997 Page 140 Jim Aldridge Tony Ellison Ramon Gallegos Michelle Hart Enrique Martinez Laura Monroe Said persons shall receive such pay as shall be provided for such positions by the City Council in the annual City of Lubbock budget. Passed by the City Council this llth day of September, 1997. 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 /s/ TY COOKE ALEX "TY" COOKE MAYOR PRO TEM With the decision to open a City -run holding facility, Council will be required to appoint temporary and substitute judges in order to carry out our arraignment responsibilities. This particular item will appoint selected individuals to serve in that capacity. In the future, it may be necessary to add additional names to the list. These individuals will work under the direction of the Municipal Court Judge. Staff gathered potential names and submitted those to Council prior to the Council meeting. Staff recommended approval of this item. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 5631 and to appoint Jim Aldridge, Tony Ellison, Ramon Gallegos, Michelle Hart, Enrique Martinez and Laura Monroe as temporary and substitute judges. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez recused himself. 140 City Council Meeting September 11, 1997 Page 141 BOARD APPOINTMENTS (47.) Confirm appointment of Paula Finney and Paul Florez to the Human Relations Commission. The citizens referenced above were selected for service during the City Council meeting on August 14, 1997. They have been contacted and have agreed to serve. Motion was made by Councilmember Cooke and seconded by Councilmember Patterson to appoint Paula Finney and Paul Florez to the Human Relations Commission. Motion carried: 7 Yeas; 0 Nays. 12:45 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Cooke made a motion to adjourn; Councilmember Patterson seconded the motion. Motion carried: 7 Yeas; 0 Nays. ATTEST: Kay e Darnell, City Secretary Read and approved this J&v day of al , 1997. IDY MAYOR ATTEST: ay Darnell, City Secretary 141