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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/11/2000CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING May 11, 2000 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 11`h day of May, 2000, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:32 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Marc McDougal, Councilmember David Nelson, Councilmember T.J. Patterson CITIZEN COMMENTS Bob Cass expressed comments to the Council on behalf of a group regarding Item 22 on the agenda. EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager, City Secretary); deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); pending or contemplated litigation (Energas, Engineering, Environmental Inspection); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Airport, Police, Right -of -Way). 7:35 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager, City Secretary). ( 2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086 to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities). ( 3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Energas, Engineering, Environmental Inspection). ( 4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Community Development and Services Board Culture and Arts Commission ( 5.) 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 (Airport, Police, Right -of -Way). City Council Meeting May 11, 2000 Page 294 9:01 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Becky Garza, Assistant City Secretary Absent: None Mayor Sitton called the meeting to order at 9:01 A. M. ( 6.) Pastor Elliott Lambert of Bethel African Methodist Episcopal Church gave the invocation. ( 7.) Pledge of Allegiance was given in unison by those in the City Council Chambers. The first item considered was Item 26. SWEARING -IN CEREMONY Bob Cass presented comments and recognized outgoing Councilmember Max Ince. Item No. 8 was considered at this time. The following newly elected Councilmembers were sworn in: Councilmember T.J. Patterson, District 2; Councilmember Frank Morrison, District 4; Councilmember Alex "Ty" Cooke, District 6, and Mayor Windy Sitton. Municipal Court Judge Robert Doty will be sworn in May 17, 2000 at 12 noon, Municipal Court, Room 214. 9:48 A.M. COUNCIL RECESSED TO EXECUTIVE SESSION/RECEPTION 1:18 P.M. COUNCIL RECONVENED Present: Mayor Windy Sitton, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember Frank Morrison, Councilmember David Nelson, Councilmember T.J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Becky Garza, Assistant City Secretary BOARD APPOINTMENTS RECOGNITION Appointments Advisory Board Receiving: Michael Jackson Keep Lubbock Beautiful Advisory Committee Receiving: Linda Sadler Lubbock Housing Authority Receiving: Carlos Romo Park and Recreation Board Receiving: Steve Locke 294 City Council Meeting May 11, 2000 Page 295 Youth Commission Receiving: Monica Orosco Market Lubbock, Inc. Board of Directors Receiving: Ruben Reyes CITIZEN APPEARANCES ( 8.) Presentation of a proclamation to City Council who are leaving office. Traditionally, a proclamation is given to the outgoing Council members as an expression of the City Council's and the community's appreciation for that individual's work as a public servant. A proclamation was presented to City Councilmember Max Ince, who is leaving office. ( 9.) Presentation of a special recognition honoring "Community Day of Dialogue" on May 15, 2000. Because the City of Lubbock's Community Relations Commission (CRC) is sponsoring a public forum on social and cultural issues, this special recognition will be presented to a member of the CRC to increase public awareness of this event. There will be three meetings held at three separate locations from 7:00 p.m. to 9:00 p.m. on May 15, 2000. The meetings will be held at the Maggie Trejo Center, Mae Simmons Community Center, and Evans Junior High School Cafeteria. At these public meetings, citizens are invited to come and share their comments and thoughts on the social and cultural concerns of our city. Members of the Community Relations Commission will be at each location and will hear public input. The Community Relations Commission is charged with fostering public discourse and promoting respect and opportunity within the community for all residents regardless of race, color, ethnicity, gender, age, disability, or religion. A special recognition was presented in honor of "Community Day of Dialogue". CONSENT AGENDA (Items 10-17, 21, 23-25) Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to approve items 10-17, 21, and 23-25 on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (10.) Approval of the minutes of the Regular City Council Meeting of April 27, 2000. (11.) Ordinance No. 2000-00021 — Abandoning and closing an underground utility easement in Lot 8, Block 3, Burlington Industrial Addition No. 2, an addition to the City of Lubbock (108 East 42"d Street) (second and final reading). 295 City Council Meeting May 11, 2000 Page 296 ORDINANCE NO. 2000-00021 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY EASEMENT LOCATED IN THE BURLINGTON INDUSTRIAL ADDITION NO. 2 TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH IS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (12.) Ordinance No. 2000-00022 — Amending Chapter 17 of the Code of Ordinances with regard to the operation and procedures of the Lubbock Municipal Court of Record (second and final reading). ORDINANCE NO. 2000-00022 AN ORDINANCE AMENDING SECTION 17-2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO OPERATION AND PROCEDURES OF THE LUBBOCK MUNICIPAL COURT OF RECORD; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (13.) Ordinance No. 2000-00023 — Zone Case No. 2880 (709 E. 49`h Street): Request of Den Freaney (for Dismas Charities, Inc.) for a zoning change from M-1 to M-1 Specific Use for a community based residential center certified by the Federal Board of Pardons and Paroles on Lot 1, Block 43, Suburban Homes Addition (second and final reading). ORDINANCE NO. 2000-00023 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2880; A ZONING CHANGE FROM M-1 TO M-1 SPECIFIC USE ZONING FOR A COMMUNITY BASED RESIDENTIAL CENTER ON LOT 1, BLOCK 43, SUBURBAN HOMES ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (14.) Ordinance No. 2000-00024 — Zone Case No. 2868-A (south of 101" Street and east of Frankford Avenue): Request of Hugo Reed and Associates (for Scott Mackenzie) for a zoning change from R-1 Specific Use to R-2 Specific Use for duplexes with reduced front setbacks on a tract of land located in Section 25, Block E-2 (second and final reading). ORDINANCE NO.2000-00024 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2868-A; A ZONING CHANGE FROM R-1 SPECIFIC USE TO R-2 SPECIFIC USE ZONING FOR DUPLEXES WITH REDUCED FRONT SETBACKS ON A TRACT OF LAND LOCATED IN SECTION 25, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 296 City Council Meeting May 11, 2000 Page 297 (15.) Resolution No. 2000-RO126 authorizing the Right -of -Way Department to make offers to six property owners for one parcel of right-of-way for the East-West Freeway railroad relocation project (north of Kent Street and west of North Frankford Avenue). RESOLUTION NO.2000-RO126 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the East-West Freeway Railroad Relocation Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title of the surface estate and the easement interests to the following described parcels of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO. OWNER'S NAME AMOUNT 1RR 48 John D. Smiley and wife, Gail Smiley, $93,100 Lois Mae Townsend Minnick, James E. Taylor, Jr.; Walter J. Taylor; and Mary JaneTaylor Crook SECTION 2. THAT the above -described parcels of land and easement interests whose acquisition is herein authorized is more particularly described as "Exhibit A" attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT any and all offers previously made by the City of Lubbock for the above described property are hereby rescinded and revoked. SECTION 4. THAT the owners of the above -described parcels of land and easement interests being John D. Smiley and wife, Gail Smiley, Lois Mae Townsend Minnick, James E. Taylor, Jr.; Walter J. Taylor; and Mary Jane Taylor Crook BE offered through the Right -of -Way Department of the City of Lubbock the amount of $93,100 indicated for this parcel, which is the amount appraised as the value and total damages for the fee simple title and acquisition of the surface estate and easement interests of said real estate, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock, or its authorized representatives, are hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of the surface estate and easement interests to any or all such parcels as hereinabove described for public purposes and municipal purposes. 297 City Council Meeting May 11, 2000 Page 298 Passed by City Council this I I' day of May, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda Chamales Linda Chamales, Supervising Attorney A copy of Exhibit "A" is filed with Resolution No. 2000-R0126. This offer for Parcel 1RR48 was originally on the March 23, 2000 City Council meeting as Resolution No. 2000-R0075. James E. Taylor, Jr., Walter J. Taylor, and Mary Jane Taylor Crook own this parcel. Lois Mae Minnick, John D. Smiley and Gail Smiley are easement owners in this parcel. This parcel is split into three parts with the Taylors owning 1RR48A, Mrs. Minnick owns 1RR4813, and the Smileys owning 1RR48C. The appraiser has revised the appraised value of 1RR48C due to an ingress -egress problem. The original offer to the Smileys, owners of 1RR48C, was $22,600. The appraiser, Tommy Cantrell, re -appraised this parcel for a new offer of $28,500, an increase of $5,900. Our original offer to all six owners was $87,200 and our revised offer will be $93,100. The resolution being presented before the City Council asks for approval of this offer to these property owners for this parcel. The resolution authorizes the Right -of -Way Department to offer the property owners this appraised amount and if refused, institute condemnation proceedings to acquire this property. The Right -of -Way Department recommended the approval of our offer to these property owners. (16.) Resolution No. 2000-RO127 approving the plans or schematics for paving improvements on a portion of 98th Street and a portion of Milwaukee Avenue to be included in a paving assessment program. RESOLUTION NO. 2000-RO127 WHEREAS, the City Council on March 23, 2000, passed Resolution No. 2000- R0088 providing for the improvements of portions of 98`' Street from Indiana Avenue to University Avenue and Milwaukee Avenue from FM 2255 (4`' Street) to 34' Street in the City of Lubbock, Texas, and along the boundaries of said City, and directing preparation of plans and specifications covering the streets as named in said Resolution; and /': City Council Meeting May 11, 2000 Page 299 WHEREAS, the City Engineer has prepared and filed with the City plans or schematics and standard specifications for such improvements, and the same have been examined; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the plans or schematics and standard specifications submitted by the City Engineer covering improvements contemplated by said Resolutions BE and the same are hereby approved. Passed by City Council this I I' day of May, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: _/s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney This is the second of five resolutions associated with an assessment program for the construction of paving improvements as follows: 98' Street from Indiana Avenue to University Avenue Milwaukee Avenue from FM 2255 (4'h Street) to 34"' Street The plans for 98th Street and for Milwaukee Avenue have been prepared by TxDOT, and are available for inspection at their office. Staff recommended approval of this resolution. (17,) Resolution No. 2000-R0128 authorizing Southwestern t Bell execute Telephone and maintenance contract Company for the equipment, installation and maintenance of a SONET network from Municipal Square to the new Fire Administration Office. RESOLUTION NO.2000-R0128 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE bock 1 b hereby and between authorized the City Y directed to execute for and on behalf of the City of u Agreement for of Lubbock and Southwestern Bell �mandy, related les documents. Said Communications Network Equipment and Service agreement is attached hereto and incorporated in thisresolution estion as if fully set forth herein and shall be included in the minutes of the City Council. 299 City Council Meeting May 11, 2000 Page 300 Passed by City Council this I I"' day of May, 2000. ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Sharlett Chowning Sharlett Chowning, Managing Director of Information Technology APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR A copy of the Agreement is filed with Resolution No. 2000-R0128. In 1997, the City hired OTM Engineering to assist in the creation of a Communications Master Plan. This is the first phase implementation of that Plan. Funds for technology enhancements were allocated from the franchise agreement between the City and Cox Cable. There was extensive research to discover the best method of using these funds to strategically position the City to be ready to implement the technology staff can expect in the future. SONET will use the City's existing fiber optic infrastructure to its Optimum. In the past, the City has used fiber optics point-to-point. SONET will provide enormous bandwidth for the future of voice, data and video. This network will impact the City's basic communication structure, including public safety; therefore, it must be highly reliable with contingency options available. With OTM's assistance, a process was undertaken to determine the key requirements. Because of the criticality of the network, it was determined that any successful vendor must have a local presence for maintenance and support. Southwestern Bell Telephone proposed a Nortel configuration. This equipment is highly reliable and is used in many of the phone companies' central offices. The cost for this phase of the Communications Master Plan implementation is $202,812.17. This will connect the hub at Municipal Square with the new Fire Administration complex and back up EOC. Creating the hub of the SONET ring will provide the jumping off point for future conversions from point-to-point fiber optics to SONET. The staff recommended approval of this sales and maintenance contract with Southwestern Bell Telephone for the first phase implementation of the Communication Master Plan. of the �18•) Resolution No. 2000-R0132 authorizing the Mayor to execute an agreement with the Lubbock Arts Alliance to administer the art grant program. 300 City Council Meeting May 11, 2000 Page 301 This item was moved to Regular Agenda and was considered following Item 25. RESOLUTION NO. 2000-RO132 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and — between the City of Lubbock and the Lubbock Arts Alliance, Inc. to administer the art grant program, and all related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this I I' day of May, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Connie Gibbons Connie Gibbons, Cultural Arts Services Manager APPROVED AS TO FORM: /s/ John M. Knight John M. Knight, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2000-R0132. For the past 20 years, the Lubbock City Council has partnered with the Lubbock Arts Alliance, Inc., whereby the Arts Alliance manages a grant program designed to encourage and promote all forms of art in the Lubbock community. Funding for the grant program is allocated from 5.71429 % of the total hotel/motel tax collected during the previous fiscal year. The 2000/2001 agreement provides for a total of $122,308, which is 5.71429% of the total hotel/motel tax collected during the fiscal year ended September 30, 1999. The agreement provides that a joint review committee, represented by the Lubbock Arts Alliance, Inc. and appointments by the Lubbock City Council, evaluate applications from community arts organizations for the art grants. The grants review committee then makes recommendations to the City Council for awarding of the grant funds. Upon approval by the Lubbock City Council, The Lubbock Arts Alliance, Inc., using funds received from the city, then allocates funds for the approved programs. The Lubbock Arts Alliance is responsible for monitoring and administering all aspects of the grant program. 301 City Council Meeting May 11, 2000 Page 302 Lubbock Arts Alliance, Inc. recommended a new agreement be approved so the grant program may continue through the 2000/2001 grants cycle. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 2000-RO132 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez recused himself. The next item to be considered was Item 27. (19.) Consider a resolution supporting reasonable and equitable treatment of sales tax on goods and services purchased through electronic commerce, and adopt a Federal Omnibus Legislative Policy. This item was deleted. (20.) Consider a street naming request from Habitat for Humanity. This item was deleted. (21.) Resolution No. 2000-RO129 - Chiller Maintenance Agreement (Aviation). RESOLUTION NO. 2000-RO129 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, by and between the City of Lubbock and Trane Service Group, a Maintenance Agreement for the Lubbock International Airport, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this I I' day of May, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Aviation Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Agreement is filed with Resolution No. 2000-R0129. This is a five-year full maintenance agreement with the Trane Service Group covering three chillers and a chiller control system at Lubbock International Airport. The Department of Aviation has held a contract 302 City Council Meeting May 11, 2000 Page 303 with the Trane Service Group for the last four years and has renegotiated the contract to add an additional chiller. The annual cost for this contract is $20,275.24 and is within the Lubbock International Airport Operating and Maintenance budget amount. (22.) Bid #00-075 - Lubbock Memorial Civic Center Concert Grand Piano (Civic Center). All bids rejected. This item was deleted. (23.) Resolution No. 2000-R0130/Bid #00-086 - Heating, Ventilation & A/C Renovation at Police Academy (Facilities Maintenance). RESOLUTION NO. 2000-RO130 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for heating, ventilation & air conditioning renovations at the Lubbock Police Academy, by and between the City of Lubbock and Anthony Mechanical Services, Inc. of Lubbock, Texas and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this I I' day of May, 2000. ATTEST: /s/ Ka thie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § /s/ WINDY SITTON WINDY SITTON, MAYOR THIS AGREEMENT, made and entered into this IIth day of May, 2000, 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 Anthony Mechanical Services, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. 303 City Council Meeting May 11, 2000 Page 304 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 #00-086 - HEATING, VENTILATION & AIR CONDITIONING RENOVATION AT THE LUBBOCK POLICE ACADEMY - $45,820.00 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/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Will Anthon CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Anthony Mechanical Services, Inc. Bv: /s/ John Anthon PRINTED NAME: John Anthony TITLE: President COMPLETE ADDRESS: Anthony Mechanical Services, Inc. P.O. Box 3460 Lubbock, Texas 79452 This project involves the replacement of the compressor in the existing chiller, the replacement of the cooling coils in the existing air handling unit, and the renovation of the controls to allow for independent operation of the HVAC systems at the Lubbock Police Academy. The low bid is $45,820 from Anthony Mechanical Services, Inc. of Lubbock, Texas and is within the Police Academy Building Capital Outlay budget amount. 304 City Council Meeting May 11, 2000 Page 305 (24.) Resolution No. 2000-R0131/Bid #00-088 — Summer Lunch Program (Indoor Recreation). RESOLUTION NO. 2000-RO131 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, by and between the City of Lubbock and South Plains Food Bank, a contract for the Breedlove Dehydrated Foods for the 2000 Summer Food Service Program for children funded by Texas Department of Human Services, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this I I' day of May, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Contract is filed with Resolution No. 2000-R0131. The City of Lubbock has participated in the Summer Food Program for the past nine years with positive results. Last year, Summer Food Program 1999 served 26,319 lunches to Lubbock youth. The program provides a nutritional noon meal for children ages one through 18, each weekday, beginning May 30 and ending on August 11, 2000. All children may participate in the Summer Food Program and receive a free meal at Trejo, Mae Simmons, Clapp/ Hodges, and Rawlings Community Centers. Staff anticipates serving over 37,000 lunches this summer with the inclusion of eight Lubbock Independent School District summer school locations. This program is offered in conjunction with the Summer Satellite Program offered by the Parks and Recreation Department through Community Development funding. The program provides a service for the community by providing a nutritious meal for children who would normally participate in a meal program at their school or for those whose parents are unable to prepare a meal for the children. Both direct and indirect costs for the Summer Food Program are reimbursed through the Summer Food Service Program for Children. Direct costs include the contract with the food vendor, consumable 305 City Council Meeting May 11, 2000 Page 306 supplies, and salaries for food service personnel estimated to be $81,739.10. The indirect costs include program administration, personnel training, and supplies estimated to be $8,530. The low bid is $2.18 per meal from The South Plains Food Bank/Breedlove Dehydrated and is within the Professional Services - Summer Lunch Program budget amount. (25.) Bid #00-092 — Lake Pump and Accessories (Water Utilities). This bid involves the purchase of a floating pumping system to move water from the Lakeridge front lake, Miller Park, Trinity/Sundial to the TxDOT 1-27 drainage system. The purpose of the project is to install a temporary system to pump storm water from several lakes in the southwest area of Lubbock. Lowering the water level in these lakes will provide some storage volume for future storm events. The project will involve the installation of approximately 21,500 feet of 12-inch pipe and various valves and fittings. The City Of Lubbock Water Utilities crews will install the system. The low bid is $28,561 from J & L Equipment of Canyon, Texas and is within the Storm Water Pumping Project budget amount. Staff recommended award of each bid to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions and that the Mayor be authorized to execute all documents necessary for each transaction. MISCELLANEOUS (26.) Resolution No. 2000-RO125 canvassing the vote and declaring the results of the May 6, 2000 City General Election and calling a Run- off Election if necessary. RESOLUTION NO.2000-RO125 A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULT OF THE GENERAL CITY ELECTION HELD MAY 6, 2000. BE IT REMEMBERED THAT, on the 11' day of May, 2000, the City Council of the City of Lubbock met at 8:45 o'clock a.m. at the regular meeting place of the City Council in the City of Lubbock Municipal Building with the following members present, to -wit: Windy Sitton, Mayor Max Ince, Mayor Pro Tem Victor Hernandez, Councilmember District 1 T.J. Patterson, Councilmember District 2 J. David Nelson, Councilmember District 3 Marc McDougal, Councilmember District 5 Alex "Ty" Cooke, Councilmember District 6 On Motion of T.J. Patterson, seconded by Marc McDougal, it is unanimously carried that the returns of the General City Election held May 6, 2000, for the election of a Mayor, three City Council Members and a Municipal Court Judge, as provided by law, be opened and canvassed, and the results of the election be declared therefrom; and said returns having been duly canvassed, it is found that the votes for the various candidates are as follows: 306 City Council Meeting May 11, 2000 Page 307 CANDIDATES FOR MAYOR VOTES RECEIVED Rick Spivey. 856 Gilbert Montes . ................... 703 Windy Sitton ..................... 5,252 Larry Leon Noland ................. 526 CANDIDATES FOR COUNCIL DISTRICT 2 VOTES RECEIVED T.J. Patterson .................... 552 CANDIDATES FOR COUNCIL DISTRICT 4 VOTES RECEIVED Frank W. Morrison ................. 1,165 Marciano Morales .................. 950 CANDIDATES FOR COUNCIL DISTRICT 6 VOTES RECEIVED C. Mitchel Putman .................. 300 Alex "Ty" Cooke .................. 1,000 Larry Rogers ...................... 278 CANDIDATES FOR MUNICIPAL JUDGE VOTES RECEIVED Robert Doty ...................... 5,871 TOTAL VOTES CAST IN ELECTION 7,391 And it further appearing that said election was duly held as provided by law and that the following persons received a majority of the votes of the sum total of votes cast for each specified position: POSITION PERSON RECEIVING MAJORITY VOTE MAYOR Windy Sitton COUNCIL DISTRICT 2 T.J. Patterson COUNCIL DISTRICT 4 Frank Morrison COUNCIL DISTRICT 6 Alex "Tv" Cooke MUNICIPAL JUDGE Robert Doty IT IS THEREFORE FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the persons named above as receiving the majority vote for a position are duly elected to the office indicated. 307 City Council Meeting May 11, 2000 Page 308 PASSED, APPROVED AND ADOPTED ON MOTION OF T.J. PATTERSON, SECONDED BY MARC MCDOUGAL, THIS I ITH DAY OF MAY, 2000. COUNCIL MEMBERS VOTING AYE: COUNCIL MEMBERS VOTING NAY: Windy Sitton. Mayor Max Ince. Mayor Pro Tern Victor Hernandez, District 1 T.J. Patterson, District 2 J. David Nelson, District 3 Marc McDougal, District 5 Alex "Ty" Cooke, District 6 /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: _/s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The governing body is required to canvass election results not earlier than the third day nor later than the sixth day after election day. Each Councilmember will be provided with tabulation sheets showing the number of votes cast for each candidate as well as the number of under votes and over votes in each precinct. The resolution will canvass the returns and declare the results of the General Election for the Mayor, City Councilmembers Districts 2, 4, and 6, and Municipal Judge. The City Secretary recommended that the City Council accept the returns and act favorably on the resolution. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass Resolution No. 2000-RO125 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. The next item to be considered was the Swearing -In Ceremony. (27.) Resolution No. 2000-RO133 designating Mayor Pro Tempore. RESOLUTION NO. 2000-RO133 WHEREAS, the City Council of the City of Lubbock is required to elect a mayor pro tem from among its membership after each City General Election pursuant to Chapter 1, Article IX, Section 12, of the City Charter; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Alex "Ty" Cooke is elected mayor pro tem of the Lubbock City Council until such time as a successor may be elected and qualified. City Council Meeting May 11, 2000 Page 309 Passed by City Council this I I' day of May, 2000. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The members of the City Council are required by Chapter 1, Article IX, Section 12 of the City Charter to elect a Mayor Pro Tempore from among the Council members at the first regular meeting of the City Council after newly elected members have qualified and taken their seats on the City Council following a regular municipal election. The canvass of the returns and declaration of the results was accomplished, and the newly elected officials are now seated as of May 11, 2000. Motion was made by Councilmember McDougal, seconded by Councilmember Nelson to pass Resolution No. 2000-RO133 electing Councilmember Cooke as Mayor Pro Tempore. Motion carried: 7 Yeas, 0 Nays. BOARD APPOINTMENTS (28.) Resolution No. 2000-RO134 - Consider one appointment to the Transportation Policy Committee for the Lubbock Metropolitan Planning Organization. This item was considered following Item 35. RESOLUTION NO. 2000-RO134 WHEREAS, the Bylaws and Operating Procedures of the Lubbock Metropolitan Planning Organization provide that the Transportation fromolicy the City of tee Lubblll ock, cat dlea t e in addition to the City Manager, two representatives one of whom must be an elected official; and WHEREAS, the City Council of the City al toreprck esent desires thetCtppoint a voting of Lubbock; member to fill the vacancy for an elected official Present NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT Victor Hernandez, an elected officiate f the of the of Lubbck Lubbock,Metropolitan appointed to the Transportation Policy Committee Planning Organization. 309 City Council Meeting May 11, 2000 Page 310 Passed by City Council this 1 I' day of May, 2000. ATTEST: /s/ Kaythie Darnell by B. Garza Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice Section /s/ WINDY SITTON WINDY SITTON, MAYOR The Lubbock Metropolitan Planning Organization was established to work in conjunction with the City of Lubbock, Lubbock County and the Texas Department of Transportation to develop a coordinated, consistent road system. The Transportation Policy Committee (TPC) is the policy making group, approving transportation plans and programs that involve federal funding issues. The Federal requirements do not require elected officials to serve on the Committee, yet they recommended that local decision -makers be included in Committee membership. Current members are outgoing Councilman Max Ince and former Councilman — Randy Neugebauer. The amended bylaws approved by the Transportation Policy Committee on May 26, 1998 call for "Two representatives of the City of Lubbock (including at least one elected official) — appointed by the City Council. " This is a two-year appointment. At this time the Transportation Policy Committee requests the City of Lubbock City Council to appoint one elected official as a member of the Transportation Policy Committee to represent the City of Lubbock. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 2000-R0134 appointing Councilmember Hernandez to the Transportation Policy Committee for the Lubbock Metropolitan Planning Organization. Motion carried: 7 Yeas, 0 Nays. (29•) Consider one appointment to the Appointments Advisory Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Carmen Vige' to the Appointments Advisory Board. Motion carried: 7 Yeas, 0 Nays. _ (30.) Consider two appointments to the Building Board of Appeals. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Pat Lewis and John McCracken to the Building Board of Appeals. Motion carried: 7 Yeas, 0 Nays. 310 City Council Meeting May 11, 2000 Page 311 (31.) Consider one appointment to the Citizens Traffic Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Michael Epps to the Citizens Traffic Commission. Motion carried: 7 Yeas, 0 Nays. (32.) Consider three appointments to the Community Development & Services Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Betty Anderson, Grey Lewis, and Byron Walker to the Community Development and Services Board. Motion carried: 7 Yeas, 0 Nays. (33.) Consider four appointments to the Culture and Arts Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Rebecca Walker, Charles Adams, Alice Chavez, and Gayle Hall to the Culture and Arts Commission. Motion carried: 7 Yeas, 0 Nays. (34.) Consider one appointment to the Keep Lubbock Beautiful Advisory Committee. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Tim Oliver to the Keep Lubbock Beautiful Advisory Committee. Motion carried: 7 Yeas, 0 Nays. (35.) Consider one appointment to the Public Transit Advisory Board. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Melinda Harvey to the Public Transit Advisory Board. Motion carried: 7 Yeas, 0 Nays. 311 City Council Meeting May 11, 2000 Page 312 1:31 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Cooke made a motion to adjourn; Councilmember Hernandez seconded the motion. Motion carried: 7 Yeas, 0 Nays. WINDY sYrTON, MAYOR ATTEST: Read and approved this day of �_� , 2000. J//'� I 'szk� c INDY ON, MAYOR ATTEST: Kayt lei Darnell, City Secretary 312