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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/23/1997CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING October 23, 1997 8:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 23rd day of October, 1997, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 8:00 A.M. 8:00 A.M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Councilmember Victor Hernandez, Councilmember Randy Neugebauer, and Councilmember T.J. Patterson. Mayor Sitton stated the Council would be holding an executive session in accordance with V.T.C.A. Government Code, Section 551.074 to discuss personnel matters (City Manager); Section 551.071 pending or contemplated litigation (City Secretary, Police Department); Section 551.074 personnel matters regarding duties, responsibilities, and/or appointments (Municipal Court Temporary/Part-Time Judges; Boards and Commissions); and Section 551.072 to deliberate the purchase, exchange, lease, or value of real property (Fire Department, Police Department). 8:10 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 (City Secretary; Police Department). ( 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/Part-Time Judges Appointments Advisory Board Board of Electrical Examiners Committee for Women Library 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 (Fire Department; Police Department). 9:40 A.M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 ( 5.) Discuss regular agenda items. Items No. 15 and 19 were moved from consent agenda to regular agenda. Item No. 22 was deleted from the agenda. 251 City Council Minutes October 23, 1997 Page 252 (6.) Briefing on bond program for Enterprise Funds Capital Projects presented by Anna Mosqueda, Managing Director of Financial Services. ( 7.) Discussion of the Clapp Park Storm Sewer Financial Analysis presented by Betsy Bucy and Marsha Hensley, City Staff. ( 8). Discussion of LP&L study options presented by City Manager Bob Cass and Robert Massengale, Managing Director of Electric Utilities. This item was not discussed. 10:40 A.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Max Ince, Councilmember David Nelson, Councilmember Randy Neugebauer, Councilmember T. J. Patterson, City Manager Bob Cass, First Assistant City Attorney Don Vandiver, and City Secretary Kaythie Darnell. Absent: City Attorney Anita Burgess. Mayor Sitton called the meeting to order at 10:40 A.M. ( 9.) The Invocation was given by Reverend John Donnerberg, First Church of the Nazarene. (10.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Finance Subcommittee of the Citizens Advisory Committee for Capital Improvements Projects Receiving: Sonny Garza Finance Subcommittee of the Citizens Advisory Committee for Capital Improvements Projects Receiving: Mike Liner Finance Subcommittee of the Citizens Advisory Committee for Capital Improvements Projects Receiving: Sharon Martin Finance Subcommittee of the Citizens Advisory Committee for Capital Improvements Projects Receiving: Kirk Smith Committee for Women Receiving: Jane Prince -Jones Public Transit Advisory Board Receiving: David Spears 252 City Council Minutes October 23, 1997 Page 253 CITIZEN APPEARANCES (11.) Special Recognition was presented to Betty Wheeler of the YWCA in honor of their Week Without Violence. Betty Wheeler, Executive Director of the YWCA, will accept this Special Recognition. The YWCA is working to make people aware of the violence that takes place in the community and ways to prevent violence. The YWCA's Week Without Violence will focus on protecting our children, making our schools safer, confronting violence against women, and facing violence against men. (12.) Update on activity of Libraries Board presented by Alice Chavez, Interim Chair. The Libraries Board, created in 1952, was established because of the immediate need for study and consideration of matters involving public libraries in the City of Lubbock. The Libraries Board is and shall constitute an advisory board to the City Council with authority to make recommendations from time to time on matters pertaining to the library system. CITIZEN COMMENTS Six citizens expressed comments to the council. They were: Cecil Puryear Mikel Ward Mike Cunningham Jean Shotts Kevin McMahan Willard Metheny CONSENT AGENDA (Items No. 13-14, 16-18, 20-21, 23-28) Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass all items on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (13.) Approval of the minutes of the October 9, 1997 Regular City Council Meeting. (14.) Ordinance No. 10022 - An ordinance adopting the Drainage Criteria Manual and the Master Drainage Plan (second and final reading). ORDINANCE NO, 10022 AN ORDINANCE AMENDING CHAPTERS 21, 24, AND 25 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE ADOPTION OF A MASTER DRAINAGE PLAN AND DRAINAGE CRITERIA MANUAL BY THE CITY OF LUBBOCK; CORRECTING A TYPOGRAPHICAL ERROR; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (15.) Ordinance No. 10023 - Zone Case No. 1099-C (southwest corner of 50th and Indiana): Request of Hugo Reed (for United Supermarkets) for zoning change from R-1 Specific Use to C-2 Specific Use for a self-service gasoline service station on the north 150 feet of the east 150 feet of Lot 1, Caraway Addition. 253 City Council Minutes October 23, 1997 Page 254 �'1,•, II AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1099-C: A ZONING CHANGE FROM R-1 SPECIFIC USE TO C-2 SPECIFIC USE ZONING FOR A GASOLINE SERVICE STATION ON THE NORTH 150 FEET OF THE EAST 150 FEET OF LOT 1, CARAWAY ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This item was moved from consent agenda to regular agenda during work session. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on second and final reading Ordinance No. 10023 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Ince recused himself. (16.) Consider Ordinance No. 10024 for the request by the City of Lubbock to the Texas Department of Transportation to place updated population numbers on City limit signs (first reading). ORDINANCE NO, 10024 AN ORDINANCE OF THE CITY OF LUBBOCK, TEXAS, ESTABLISHING THE MID -CENSUS POPULATION OF THE CITY OF LUBBOCK BY ORDINANCE SO THAT CITY LIMITS SIGNS ON STATE HIGHWAYS MAY BE ALTERED BY THE TEXAS DEPARTMENT OF TRANSPORTATION TO REFLECT A MORE CURRENT POPULATION FIGURE FOR THE CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. A citizen has noticed that the population signs at the City limits have inconsistent population listings. The citizen contacted Ted Copeland of the Texas Department of Transportation (TxDOT) with their concern for the inconsistency. After calling the Planning Department for clarification of population information, TxDOT reviewed their policy on updating population signs. TxDOT agrees that the signs need to be updated with the most current Census Bureau population information, and an agreement should be made between the City and District TxDOT office on future population sign updates. The TxDOT guidelines require that the procedure and timing for sign changes be in ordinance form. It is recommended the Lubbock City Council enact an ordinance that formalizes the use of the Census Bureau's estimate for July 1, 1994 (population of 194,467). This number is the latest "official" estimate. It is also recommended the population be updated in the future with the decade census done routinely by the U.S. Census Bureau and again mid- way between decade census using the U.S. Census Bureau estimate. City Council action on the ordinance will allow the population signs to be corrected now and will introduce a regular schedule for population updates in the future. The staff recommended adoption of the ordinance. (17.) Consider Resolution No. 5687 authorizing the Mayor to execute a street monitor well permit with University Plaza Associates, L. P. (1001 University Avenue). 254 City Council Minutes October 23, 1997 Page 255 RESOLUTION NO, 5687 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 University Plaza Associates, L.P., 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 23rd day of October, 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 Monitor Well Permit is filed with Resolution 5687. This permit allows University Plaza Associates, L.P.'s engineering representative, the Garrity & Miller Company, to drill two monitor wells, one on the south side of loth Street and one on the north side of Main Street east of University Avenue. These wells will give University Plaza Associates a means of checking possible water pollution which could have leaked from the service station which was located at the northeast corner of University Avenue and Main Street and was demolished several years ago to build the University Plaza Apartments. The City will receive $200 per year for these wells. 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. (18.) Consider Resolution No. 5688 authorizing the Mayor to execute an application for a grant under the Department of Transportation Federal Transit Act, as amended, to provide capital, operating, and technical studies assistance. 255 City Council Minutes October 23, 1997 Page 256 D Z11*MKQi;i C11IIfl 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 a grant, under the Department of Transportation, Federal Transit Act, as amended, to provide for capital projects for the period October 1, 1997 through September 30, 1999 and operating assistance for the period beginning October 1, 1997, and technical studies for the period October 1, 1997 through September 30, 1998, which shall be spread upon the minutes to 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 23rd day of October, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox, Director of Transportation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Grant Application is filed with Resolution 5688. The City of Lubbock's share of the Citibus budget for FY 1997-98, which includes capital, operating, and technical studies, is 13 %, or $879,200, as approved by City Council. The rest of the Citibus budget is made up of operating revenues ($1,839,200), state operating assistance ($600,000), and federal funding ($3,593,300), which completes the remaining 87 % of the budget. The total of these funds pays for the administration of the grant, as well as the operating costs of the Citibus system. By approving this grant the City of Lubbock will not incur any additional costs over the approved amount in the Citibus budget. Approval of this grant is needed to continue Citibus' current quality of operations for fiscal year 1998. Assistance with technical studies for fiscal year 1998 is also present in this grant. In order to provide the same quality of service to its passengers at the most equitable cost, Citibus must continue to replace outdated and worn-out equipment; therefore, capital assistance is included in this grant. The capital portion of the grant ($2,223,000) is 80% federally funded ($1,781,700) and 20% locally funded ($441,300). The capital funding will be used for two replacement vans, three expansion vans, and spare parts associated with capital maintenance items (such as engines, transmissions and tires). Capital maintenance is a change in the Federal 256 City Council Minutes October 23, 1997 Page 257 Transit Administration (FTA) regulations, allowing parts costing '/2 of 1 % of the market value of the bus to be funded at 20 % instead of 50 % of the City share, thus reducing City cost. Another change in FTA regulations is the use of capital funds for vehicle overhauls, which is another term for routine maintenance. FTA allows 20 % of total maintenance budget to be funded at 80 % . Other items include construction of bus stops on the Texas Tech campus/South Plains Mall, shelters, and bus signage; purchase of land to expand parking for buses and employees; bus wash equipment; and operations equipment (such as computer equipment, hardware and software, and maintenance tools). Specific amounts and details are presented in the copy of the grant application included in Council backup. The technical studies portion of the grant ($77,000) is required in order to do the planning necessary to maintain eligibility for capital and operating assistance, and Welfare to Work Program Planning ($40,000). The technical studies portion is also 80 % federally funded ($61,600) and 20% locally funded ($15,400). Welfare to Work Planning is at 100% federal funding. The operating assistance portion ($3,420,000) of the grant is 50% federally funded ($1,710,000) and 50% locally funded ($1,710,000). The total City share anticipated for fiscal year 1997-1998 is $879,200 (as approved by the City Council). Of this amount, $482,500 is operating assistance, $381,300 is capital, and $15,400 is planning. Citibus recommended the approval of this grant application. City staff concurred. (19.) Consider Resolution No. 5694 authorizing the Mayor to revise the qualifications for membership on the Keep Lubbock Beautiful Committee to encourage broader participation. RESOLUTION NO, 5694 WHEREAS, on March 22, 1990, the City Council of the City of Lubbock passed Resolution #3334 authorizing and creating the Keep Lubbock Beautiful Committee as an advisory body to the Council; and WHEREAS, the Council now desires to change the qualifications for membership on the Committee to facilitate broader participation on such Committee from Lubbock citizens; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT henceforth all members of the Keep Lubbock Beautiful Committee shall be appointed at large from within the corporate limits of the City of Lubbock. 257 City Council Minutes October 23, 1997 Page 258 Passed by the City Council this 23rd day of October, 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 This item was moved from consent agenda to regular agenda during work session. Keep Lubbock Beautiful Committee (KLB) is a non-profit organization organized in 1988. KLB works to preserve a beautiful and sanitary environment that is beneficial to the health, safety, and welfare of the citizens of Lubbock. KLB's mission is to coordinate public and private partnerships for a clean and beautiful city through promotions of public awareness, education, and activities that encourage responsible environmental behavior. The KLB Committee has enjoyed considerable success in their efforts to beautify Lubbock. In the area of membership, the current system has three at -large members on the committee. KLB's membership is made up of one member knowledgeable in recycling, three members knowledgeable in solid waste issues, five members knowledgeable in landscape architecture and horticulture, three members representing the education community, and three at -large members.It is important to have technical expertise in order to create and implement effective policies; however, it is equally important to have a broader base of individuals from which to choose when the City Council is deciding on new appointments to KLB or any other City committee or board. The City Council encourages greater citizen participation in local government that is reflective of the community demographics. By increasing the numbers of at -large members to the KLB committee, there are more opportunities for those that may have not been able to participate. In keeping with the City Council directive of making the City's boards more representative of the community, staff recommended increasing the at -large members from three to six; while reducing the membership of solid waste issues and solid waste removal techniques from three to two AUIZI City Council Minutes October 23, 1997 Page 259 and decreasing the membership of landscape architecture, horticulture, or a related field from five to three. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass Resolution No. 5694 as amended: "that the designations for board members be eliminated with the total number of board membership being unchanged." Motion carried: 7 Yeas, 0 Nays. (20.) Resolution No. 5689 - Bid No. 97190: Runway Reconstruction at Lubbock International Airport (Aviation) RESOLUTION NO, 5689 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 Duininck Brothers, Inc., of Grapevine, Texas, to install and furnish all materials and services as bid to reconstruct runway at Lubbock International Airport, 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 23rd day of October, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 23rd day of October, 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 Duininck Brothers, of the City of Grapevine, County of Tarrant, 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: 259 City Council Minutes October 23, 1997 Page 260 BID #97190 - RECONSTRUCT RUNWAY 17R-35L KEEL - $5,362,317.00 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/ Mark Earle Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ Norman Duininck CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Duininck Brothers By: /s/ James E. Melhorn PRINTED NAME: James E. Melhorn TITLE: Vice -President COMPLETE ADDRESS: Duininck Brothers P. O. Box 1119 Grapevine, Texas 76099 This project is for the reconstruction of the 11,500' x 50' runway at Lubbock International Airport. Over the past several months, the City Council has acted on a number of items related to the design and funding of a runway reconstruction project at Lubbock International Airport. Due to the size of the project and limited federal funds, construction was originally planned to be accomplished in phases over several years. The initial grant offer from the FAA was based on three year construction schedule. Last month, as part of an effort to reduce the length of the project and save costs, the City Council authorized the Department of Aviation to accept a grant offer this year in any amount up to the full projected federal share of the project. The intention was to position the project to take advantage of additional federal funds that become available at the City Council Minutes October 23, 1997 Page 261 end of the year. The strategy was successful. On September 23, the FAA advised the Department of Aviation that this year's grant offer would be increased so that the entire project can be completed in one phase. The Reconstruct Runway 17R/35L Keel budget amount is $5,910,000. This project is fully funded, with the local matching share coming from the Passenger Facility Charge Program. Project Budget Summary, Line K, includes a P-501 PCC Bonus. This item represents a potential increase of $200,000 above the contract price which is required and funded by the FAA grant as a payment adjustment for flexural strength and thickness of cement concrete pavement. The low bid is $5,362,317 from Duininck Brothers, Inc. of Grapevine, Texas. Staff recommended award of this bid to the bidder as indicated on the tabsheet and award of the contract as shown on the resolution. (21.) Consider Resolution No. 5690 authorizing the Mayor to execute Amendment No. One to an Engineering Agreement between the City of Lubbock and Delta Airport Consultants, Inc. for runway reconstruction. RESOLUTION NO, 5690 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock Be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock Amendment No. One to an Agreement between the City of Lubbock and Delta Airport Consultants, Inc. for runway reconstruction, attached hereto, which Amendment 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 23rd day of October, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR 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 A copy of Amendment No. One is filed with Resolution 5690. 261 City Council Minutes October 23, 1997 Page 262 In a separate agenda item, the City Council is considering the award of a construction contract for the rehabilitation of the center section of Runway 17R/35L at Lubbock International Airport. This item involves approval of a contract amendment to allow the engineer that designed the project to provide construction phase engineering services for the project. Delta Airport Consultants was selected to do the work on all phases of this project through a competitive process that was approved by the City Council on April 17, 1997. Immediately thereafter, a contract for preliminary and design phase services was approved, and the design work was initiated. The design work has now been completed, and a construction contract was placed before the City Council in a separate item on this agenda. To complete the process, the staff recommended this amendment that would allow the engineer to monitor the project through to its completion. The scope of work involves construction observation services by the engineer, construction phase surveys and testing, and Resident Project Representative services throughout the term of the project. The proposed fee for these services is a "not to exceed" amount of $583,176. The fee is based on an estimated cost of $518,889 plus a fixed fee of $64,287. The City will pay only for work that is actually accomplished by the engineer during the project, but under no circumstances will the total amount be greater than the "not to exceed" limit. The latest project budget summary, as submitted by the engineer, was included in Council backup for review. Funding for this engineering agreement and the actual construction was approved at the September 25, 1997 Council meeting. At that meeting the Council accepted a grant offer from the FAA to provide the necessary funding. The grant from FAA will cover 90 % of the costs at $5.9 million, and our 10 % matching share will come from PFC's at $666,000 for a total project of $6.6 million. The proposed fee has been reviewed by an independent engineer in accordance with FAA guidelines and is within the normal range for a project of this scope. The Airport Board has reviewed the agreement and recommended approval. Staff also recommended approval. (22.) RFP No. 97193: Advertising Services (Public Information) This item was deleted in Work Session. (23.) Resolution No. 5691 - Bid No. 97207: Curb & Gutter Paving at South Plains Mall Transfer Station (Citibus) RESOLUTION NO, 5691 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 Midwest Concrete, Inc., of Lubbock, Texas, to install and furnish all materials and services as bid for the Curb & Gutter and Paving at South Plains Mall Transfer Station, 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. 262 City Council Minutes October 23, 1997 Page 263 Passed by the City Council this 23rd day of October, 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 23rd day of October, 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 Midwest Concrete, 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 #97207 - CURB & GUTTER PAVING AT SOUTH PLAINS MALL TRANSFER STATION - $38,600.00 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. 263 City Council Minutes October 23, 1997 Page 264 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: CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton /s/ Kaythie Darnell MAYOR Secretary ' ' : �lif�I�Z.t.��ZK�7►Y11�l►111� /s/ John Wilson CONTRACTOR: Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ Beverly Holbert Midwest Concrete, Inc. By: /s/ Steve Holbert PRINTED NAME: Steve Holbert TITLE: President COMPLETE ADDRESS: Midwest Concrete, Inc. P. O. Box 3964 Lubbock, Texas 79452 This project involves the demolition of existing pullout, disposal of all demolished materials, and reconstruction of the gutter and pullout at the South Plains Mall Transfer Station. The Citibus budget amount is $20,000. Citibus will fund $10,648 and $27,952 will be funded by the Federal Transit Authority. The low bid is $38,600 from Midwest Concrete, Inc. of Lubbock, Texas. (24.) Bid No. 97215: Shielded Aerial Cable (Electric Distribution) This bid is for the purchase of shielded aerial cable that is self- supporting and made from three individual insulated copper conductors triplexed together and lashed to a messenger copperweld wire by a polyethylene covered copper binder tape. The messenger wire carries or supports the whole cable assembly as it is installed overhead in our network system. The AWG No. 2/0, 15 kV aerial cable (Item No. 1) is needed to provide primary service and the AWG No. 4/0, 600 V aerial cable (Item No. 2) will provide secondary service to several commercial customers in the downtown network area. The Capital Project -Electric System Class 1 budget amount is $38,000. The low bid is $30,991.20 from Temple, Inc. of Lubbock, Texas. (25.) Bid No. 97220: Landscape Maintenance Services at Lubbock International Airport (Aviation) This bid establishes pricing for landscape maintenance services at Lubbock International Airport. Services include installation and maintenance of flowering plants, mowing, trimming, and irrigation. 264 City Council Minutes October 23, 1997 Page 265 The Professional Services Account budget amount for this service is $50,000. The low bid is $29,400 from AAA Landscaping & Lawn Care of Lubbock, Texas. (26.) Resolution No. 5692 - Bid No. 97230: 66th Street Paving Project (Street Drainage Engineering) RESOLUTION NO, 5692 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 66th Street Paving Project, 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 23rd day of October, 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/ Harold Willard Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ WINDY SITTON WINDY SITTON, MAYOR THIS AGREEMENT, made and entered into this 23rd day of October, 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: 265 City Council Minutes October 23, 1997 Page 266 BID #97230 - 66TH STREET PAVING PROJECT - $202,185.00 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/ Larry Hertel Owner's Representative APPROVED AS TO FORM: /s/ Don Vandiver City Attorney ATTEST: Corporate Secretary /s/ Betty L. Williams 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 COMPLETE ADDRESS: Williams & Peters Construction Co., Inc. P. O. Box 3907 Lubbock, Texas 79452 This project consists of paving improvements at two locations: The 68th Street-69th Street alley from Memphis Avenue east and southeast to 69th Street; and 66th Street from Frankford Avenue west to Iola Avenue. The first paving improvement is the installation of a concrete alley pavement. The second paving improvement is the construction of curb and gutter, street paving reconstruction and widening to include new pavement. The System Capital Street - System Improvements budget amount is $282,000. 266 City Council Minutes October 23, 1997 Page 267 The low bid is $202,185 from Williams & Peters Construction Company, Inc. of Lubbock, Texas. (27.) Resolution No. 5693 - Bid No. 97233: East Harvard Street Paving Project (Street Drainage Engineering) RESOLUTION NO, 5693 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 East Harvard Street Paving Project, 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 23rd day of October, 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 23rd day of October, 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: 267 City Council Minutes October 23, 1997 Page 268 BID #97233 - EAST HARVARD STREET PAVING PROJECT - $100,560.00 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/ Larry Hertel 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 This project involves the construction of curb and gutter at Purina Mills as part of their platting requirement. It includes strip paving part of East Harvard Street from North Birch Avenue on the west side of their property east to Municipal Drive. The System Capital Street - System Improvements budget amount is $100,000. Purina Mills will pay for the overage cost related to this fund. The low bid is $100,560 from Williams & Peters Construction Company, Inc. of Lubbock, Texas. City Council Minutes October 23, 1997 Page 269 (28.) Bid No. 97243: Emergency Repair GT2 Generator Rotor (Electric Production) This bid will provide the necessary emergency repairs to the GT2 Generator Rotor at the Holly Avenue Power Plant. The generator rotor developed a ground in the field coils late in August. This rotor was removed and shipped to National Electric Coil in Columbus, Ohio, where it was disassembled, evaluated, and a scope of work for repair was prepared. Faxed bids for the repair were sought from qualified repairers in accordance with the scope of work. The Electrical System Maintenance Class II budget amount is $200,000. The low bid is $108,595 from Dresser -Rand Electric Machinery Division of Minneapolis, Minnesota. PUBLIC HEARI (29.) Ordinance No. 10026 - Zone Case No. 2802 (southwest corner of 98th Street and Slide): Hold a public hearing to consider request of Southwest Convenience Stores for zoning change from T to C-3 Specific Use for a convenience store on a portion of land out of Section 25, Block E-2. ORDINANCE NO, 10026 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2802: A ZONING CHANGE FROM T TO C-3 SPECIFIC USE ZONING FOR A CONVENIENCE STORE ON A PORTION OF LAND OUT OF SECTION 25, BLOCK E-2, LUBBOCK TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:46 a.m. Ken Harmon appeared on behalf of Southwest Convenience Stores to present the zone change from T to C-3 Specific Use. No one appeared in opposition. Mayor Sitton closed the hearing at 11:49 a.m. Randy Henson, Senior Planner, presented staff comments. The request is filed as Specific Use to accommodate a convenience store and provide a reduction in setback for the gasoline canopy. Adjacent land uses: North - zoned C-2 South - zoned T, vacant East - zoned C-3, vacant West - zoned T, vacant The request is consistent with the Comprehensive Land Use Plan and with zoning policies. The proposal should not have an adverse effect on traffic. The proposed canopy will have an approximate 30-foot setback from both Slide and 98th Street. This request was approved by the Planning and Zoning Commission. The staff supported the recommendation of the Planning and Zoning Commission. 269 City Council Minutes October 23, 1997 Page 270 Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance No. 10026 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (30.) Ordinance No. 10027 - Zone Case No. 2803 (southwest corner of 34th Street and Avenue S): Hold a public hearing to consider request of David Fleming (for South Plains Sonic Ltd.) for zoning change from C-2 to C-4 limited to a drive-in restaurant and all permitted C-3 uses on a portion of land out of Section 10, Block B. ORDINANCE NO, 10027 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2803: A ZONING CHANGE FROM C-2 TO C-4 ZONING LIMITED TO A DRIVE-IN RESTAURANT AND ALL PERMITTED C-3 USES ON A PORTION OF LAND OUT OF SECTION 10, BLOCK B, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:48 a.m. David Fleming appeared on behalf of South Plains Sonic Ltd. to present the zone change from C-2 to C-4 limited to a drive-in restaurant and all permitted C-3 uses. No one appeared in opposition. Mayor Sitton closed the hearing at 11:50 a.m. Randy Henson, Senior Planner, presented staff comments. The proposal is a drive in restaurant, which requires C-4 zoning. Adjacent land uses: North - 34th Street South - zoned R-1, vacant (owned by the adjacent church) East - commercial West - commercial The proposal does not completely comply with one Comprehensive Land Use Plan Policy which suggests that C-4 be located adjacent to regional or state highways. 34th Street does not have that designation; it is a major thoroughfare. However, as in several recent cases, the request is for only one permitted C-4 use and all permitted C-3 uses. The request is otherwise consistent with zoning policies. The tract to the south is still zoned R-1 but is owned by the church next door. The church has expansion plans for their property and has a screening fence in place on the south property line. There is not a need for an additional fence behind the Sonic property (as the Code would require) unless the store chooses to install one. The request was approved by the Planning and Zoning Commission with the following conditions: 1. Limited to a drive-in restaurant and all permitted C-3 uses. 2. Waive the screening fence requirement. The staff supported the recommendation of the Planning and Zoning Commission. 270 City Council Minutes October 23, 1997 Page 271 Motion was made by Councilmember Neugebauer, seconded by Councilmember Cooke to pass on first reading Ordinance No. 10027 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. CULTURE AND LEISURE SERVICES (31.) Consider Resolution No. 5695 authorizing the Mayor to execute a grant application and related documents for an Internet grant from the Telecommunication Infrastructure Fund (TIF) Board under the 1998 TIF Connectivity Grant for Public Libraries. 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 for a Public Library Internet Connectivity Grant from the Telecommunications Infrastructure Fund Board, 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 23rd day of October, 1997. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jeff Rippel Jeff Rippel, Library Director /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Grant Application is filed with Resolution 5695. On September 3, the State of Texas' Telecommunications Infrastructure Fund (TIF) Board announced $7.7 million in Internet grants for public libraries. The purpose of the grant initiative is to increase public access to the Internet and give Texas public libraries the opportunity to use this research and learning tool. This round of TIF funding is non-competitive, since the objective to increase public access first requires "connecting" public libraries to the Internet. This means providing them a "basic package" of Internet elements: startup costs of telecommunications, installation fees, personal computers, modems or ISDN connection equipment, software for security and web authoring, and printers. 271 City Council Minutes October 23, 1997 Page 272 The Lubbock City -County Library is eligible to apply under Program B (Grants for Direct Access to the Internet) for funds from $50,000 to $100,000. Because Internet access began at the main library earlier this year, the Library can only apply for Internet funding for the three branch libraries. The grant will fund the necessary software, hardware, and telecommunications to enable the Library's online catalog to be accessible over the Internet, via telnet, http, or Z39.50 protocol. In the Library's application, a basic Internet package is being designed using TIF funds for the following: Monthly telecommunications costs for direct connection for the one-year demonstration of the project. This includes Internet service provider costs. Internet connectivity hardware, such as routers, hubs, switches, etc. Multifunction PC server. Up to two PC workstations for each branch. Up to two network printers. Cable and cable hardware. Installation. Software: security and/or web authoring. Training (but not budgeted by grantee). Transportation stipend to required TIF Training/Kickoff. ONGOING COSTS IMPACT: Information Services estimates that will be cost -neutral, or even lower. covered by the grant for three years. ongoing telecommunications costs Equipment maintenance costs are Deadline for submitting this grant application to TIF is November 1, 1997. Grant recipients will be approved by TIF Board no later than December 12 and award packets mailed thereafter. After final contracts are completed, TIF will provide upwards of an additional 10% based on actual bid costs. If awarded, a grant contract will be brought to Council in early 1998. Staff recommended that the Mayor be authorized to execute the necessary application and related documents, as provided in the resolution. Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to pass Resolution No. 5695 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. MISCELLANEOUS (32.) Receive Lubbock Citizens for Better Jobs Sales Tax for Economic Development Election Petition Verification Report from the City Secretary and take appropriate City Council action. 272 City Council Minutes October 23, 1997 Page 273 Kaythie Darnell, City Secretary, submitted the following report: On Tuesday, October 22nd, Mike Cunningham presented to the City Secretary a petition with 638 signatures calling for an election on the next uniform election day, January 17, 1998. The Legal Department has stated that Vernon's Annotated Revised Civil Statutes, Article 5109.6, Section 4B addressing Economic Development refers to the Tax Code, Chapter 321.401c, which states, "The governing body shall call the election if a number of qualified voters of the municipality equal to at least 20% of the number of votes cast in the most recent regular municipal election petition the governing body for a vote on the question." The last general election was May, 1996, whereby 2,372 votes were cast, and 20 % of the total votes cast is 475. The City Secretary and staff verified 549 signatures with the Lubbock County Tax Office Voter Registrar; 89 signatures were invalidated. The 549 valid signatures exceeds the required 475 petition signatures as stated in the Tax Code, 321.401c. Motion was made by Councilmember Hernandez, seconded by Councilmember Ince to receive the petition and take appropriate action. Motion carried: 7 Yeas, 0 Nays. (33.) Consider Ordinance No. 10025 calling a Special Election for January 17, 1998 for adoption of an Economic Development Sales Tax at a rate of 3/8 of one percent pursuant to Section 4B of Article 5190.6, Vernon's Annotated Civil Statutes. ORDINANCE NO, 10025 AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON JANUARY 17, 1998, FOR THE PURPOSE OF VOTING FOR OR AGAINST THE ADOPTION OF A THREE -EIGHTHS (3/8) OF ONE PERCENT SALES AND USE TAX WITHIN THE CITY OF LUBBOCK FOR ECONOMIC DEVELOPMENT PURPOSES PURSUANT TO SECTION 4B OF ARTICLE 5190.6 OF VERNON'S ANNOTATED CIVIL STATUTES; MAKING PROVISION FOR THE CONDUCT OF SUCH ELECTION ACCORDING TO APPLICABLE PROVISIONS OF LAW; PROVIDING FOR EXECUTION OF AN APPROPRIATE ELECTION ORDER HEREAFTER; AND OTHER PROVISIONS INCIDENT TO AND RELATED TO THE PURPOSE HEREOF. The grass roots citizens' group, "Lubbock Citizens for Better Jobs" put the City Secretary on notice that on Monday, October 21, 1997, they would submit signatures on petitions calling for a Sales Tax for Economic Development election. The petition reads as follows: 273 City Council Minutes October 23, 1997 Page 274 We, the undersigned qualified voters of the City of Lubbock, hereby petition the City Council of the City of Lubbock to call an election to be held on January 17, 1998, for the purpose of voting for or against the following proposition: "that there be adopted a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of three eighths (3/8) of one percent". Further, staff requested that, following the adoption of the tax, there be created a corporation dedicated to the expansion and development of business enterprises as provided by Article 5190.6 Section 4(B) of the Texas Civil Statutes. The petitioners requested a January 17, 1998 election date. To meet their request the City Attorney must submit an adopted ordinance to the Justice Department 60 days prior to the election, or by November 17, 1997. For the City Council to adopt the ordinance on second reading prior to November 17, action must be taken on October 23 and November 13 to meet the deadline within the Council's regular meeting schedule. Motion carried on Item No. 32 accepting the verified petition. Motion was made by Councilmember Nelson, seconded by Councilmember Cooke to pass on first reading Ordinance No. 10025. Motion carried: 7 Yeas, 0 Nays. BOARD APPOINTMENTS (34.) Consider two appointments to the Marketing Entertainment, Travel, Tourism, and Sports, Inc. (METTS) Board of Directors. All board members' terms have the common expiration date of October 1. This legal entity has two positions to consider at this time due to resignations. One position's term expired 10/1/96; the other position's term expired 10/1/97. The current roster was included in Council backup for consideration. A copy of the Board by-laws was also included and provides information on membership criteria. The Appointments Advisory Board recommended Eddie Owens, Robin Richard, Jan Rigsby, and Troy Schiermeyer. Mayor Sitton stated that the council was in error at the previous city council meeting by voting a secret ballot on this item and that the council wanted to rectify that vote. Mayor Sitton then opened the floor for nominations. Councilmember Ince nominated Gertie Jeter; Councilmember Cooke nominated Marc McDougal and Carol King. Councilmember Ince made a point of order to take the names in order of nomination for the vote. Council then voted on each nominee by open ballot (verbal and show of hands), with the results as follows: Gertie Jeter 3 votes Carol King 5 votes Marc McDougal 5 votes 274 City Council Minutes October 23, 1997 Page 275 Councilmember Hernandez only voted one time. Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to appoint Marc McDougal and Carol King to the Marketing, Entertainment, Travel, Tourism, and Sports, Inc. Board of Directors. Motion carried: 7 Yeas, 0 Nays. Items No. 35-42 The citizens referenced below were selected for service during the City Council meeting on October 9, 1997 (Dr. Ridenour was selected September 25th but has been unavailable for contact). They have all been contacted and have agreed to serve. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to confirm all appointments and reappointments of board members. Motion carried: 7 Yeas, 0 Nays. (35.) Confirm the appointment of Russell Klinkenberg and Tony Renteria and the reappointment of William Camp -Romero, Dale Gannaway, Debbie Hurt, Patti Lupton, and Mark Proctor to the Appointments Advisory Board. (36.) Confirm the reappointment of John Baker to the Board of Electrical Examiners. (37.) Confirm the appointment of Betty Anderson and the reappointment of Dr. Nancy Ridenour to the Community Development and Services Board. (38.) Confirm the appointment of Larry Gilliard to the Finance Subcommittee of the Citizens Advisory Committee for Capital Improvements Projects (C.I.P.). (39.) Confirm the appointment of Jorge Rojas, Larry Wilson, and Sharon Bass to the Human Relations Commission. (40.) Confirm the appointment of Robert Patterson and the reappointment of Connie Coleman to the Neighborhood Redevelopment Commission/Urban Renewal Board. (41.) Confirm the appointment of Larry Allen and the reappointment of Molly Irvin and Abby Quinn to the Planning and Zoning Commission. (42.) Confirm the reappointment of Arden Hawkins and Sabra Srader to the Public Transit Advisory Board. 275 City Council Minutes October 23, 1997 Page 276 12:03 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Patterson made a motion to adjourn; Councilmember Nelson seconded the motion. Motion carried: 7 Yeas; 0 Nays. WINDY 91T AYOR TTEST: Kay Darr_eil, City Secretary Read and approved this OUI day of �%� , 1997. z f2�(- 4IN44TOA, MAYOR ATTEST: 4Au." " Kay hi Darnell, City Secretar 276