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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/12/1998CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING February 12, 1998 8:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 12th day of February, 1998, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 8:00 A.M. 8:05 A.M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Pro Tern Alex Cooke, Councilmember Victor Hernandez, Councilmember David Nelson, and Councilmember T. J. Patterson. Mayor Pro Tem Cooke stated the Council would be holding an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager); pending or contemplated litigation (Building Inspection; Police Department; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Aviation; Fire Department). 8:07 A.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room Present: Mayor Pro Tern Alex Cooke, Councilmember Victor Hernandez, Councilmember Max Ince, and Councilmember T. J. Patterson. ( 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 (Building Inspection; Police Department; Water Utilities). ( 3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Appointments Advisory Board Board of Health Parks and Recreation Board Planning and Zoning Commission Zoning Board of Adjustment (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 (Aviation; Fire Department). 9:30 A.M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 ( 5.) Presentation of the Appointments Advisory Board Annual Report by Dale Gannaway, Chair. 10:33 A.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Regular City Council Meeting February 12, 1998 Page 66 Present: Mayor Pro Tem Alex Cooke, Councilmember Victor Hernandez, Councilmember Max Ince, Councilmember T.J. Patterson, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell. Absent: Mayor Windy Sitton, Councilmember David Nelson, and Councilmember Randy Neugebauer. Mayor Pro Tem Cooke called the meeting to order at 10:33 A.M. ( 6.) The Invocation was given by Reverend Thomas Perchlik, First Unitarian Universalist Church. (7.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Building Board of Appeals Receiving: Bob Teaff Committee for Women Receiving: Sharon Goldston Culture and Arts Commission Receiving: Byrnie Bass Keep Lubbock Beautiful Advisory Committee Receiving: Corrine Wright Mr. Teaff was the only board member able to attend. CITIZEN APPEARANCES (8.) Special Recognition for John Wilson, General Manager of Citibus, for his work with the South West Transit Association. Mayor Pro Tem Cooke presented this Special Recognition to John L. Wilson, General Manager of Citibus. Mr. Wilson received the South West Transit Association President's Award at the organization's 18th annual conference. The award recognizes outstanding accomplishments in the association and recognizes the quality of customer service, quality of transportation and leadership. Mr. Wilson is an employee of McDonald Transit, which has had the privatization contract for approximately 15 years. The recognition for outstanding service is second only to the fact that staff is proud to provide this service to our citizens at a very economical price. (9.) Presentation by Mayor Pro Tem Cooke to Lowe's Home Improvement Warehouse, the South Plains Air Conditioning Contractors Association, and the Lubbock Fire Department in recognition of the Carbon Monoxide and Smoke Detector Program. The City of Lubbock's Community Development Department recently partnered with Lowe's Home Improvement Warehouse, the South Plains Air Conditioning Contractors Association and the Lubbock Fire Department to supply carbon monoxide and smoke detectors to low income homeowners in the Arnett Benson neighborhood. Regular City Council Meeting February 12, 1998 Page 67 Through this partnership, 70 homeowners were assisted. A total of 246 smoke detectors and 67 carbon monoxide detectors were installed. Lowe's Home Improvement Warehouse donated 350 smoke detectors, the South Plains Air Conditioning Contractors Association donated 40, and the Community Development Department purchased 45 carbon monoxide detectors. All detectors were installed by the Lubbock Fire Department. The remaining detectors will be installed in qualified applicants' homes in the future. This recognition by the City of Lubbock is in appreciation of all those involved in making a safer community. This joint effort is just one example of how staff can work together to make a difference in our City. (10.) Presentation to Mayor Pro Tern Cooke by Lubbock Police Officers who participate in the Law Enforcement Torch Run benefiting the Texas Special Olympics. Each year, officers from local law enforcement agencies participate in the Special Olympics Torch Run in an effort to raise money for the Texas Special Olympic games. The fund raising program began February 1, 1998 and will continue into May. Several activities are planned which include the "Cops and Lobster" fund raiser at Red Lobster on February 25 and 26 where Chief Walker will serve customers. A barbecue is planned April 17 and a Torch Ride is planned May 2. Information about the program and T-shirts is available from any law enforcement agency through May 1, 1998. Officer Anita Barbosa of the Lubbock Police Department presented a plaque to Mayor Pro Tem Cooke; she also presented T-shirts for each councilmember. Police officers from Lubbock Police Department, Lubbock Independent School District, Texas Department of Public Safety, and the Montford Unit of Texas Department of Criminal Justice attended. CITIZEN COMMENTS Three citizens expressed comments to the Council. They were: Cecil Puryear Mikel Ward Greg Jones CONSENT AGENDA (Items No. 11-18, 20-29, and 31-42) Motion was made by Councilmember Patterson, seconded by Councilmember Hernandez to approve all items on consent agenda as recommended by staff. Motion carried: 4 Yeas, 0 Nays. (11.) Approval of the minutes of the Regular City Council Meeting of January 22, 1998. (12.) Ordinance No. 10045 - Establish the date of the 1998 Regular Municipal Election of the City of Lubbock (second and final reading). 67 Regular City Council Meeting February 12, 1998 Page 68 ORDINANCE NO. 10045 AN ORDINANCE ESTABLISHING THE DATE OF THE 1998 REGULAR MUNICIPAL ELECTION OF THE CITY OF LUBBOCK; AUTHORIZING THE MAYOR TO ORDER THE 1998 REGULAR MUNICIPAL ELECTION OF THE CITY OF LUBBOCK; AND PROVIDING AN EFFECTIVE DATE. (13.) Ordinance No. 10046 - Amend Chapter 8 of the Code of Ordinances of the City of Lubbock with regard to voting precinct boundaries (second and final reading). ORDINANCE NO. 10046 AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF SECTION 8-4 WITH REGARD TO VOTING PRECINCT BOUNDARIES, VOTING PLACES, AND VOTING DISTRICTS AS REQUIRED BY STATE LAW DUE TO APPROVAL OF CHANGES TO CERTAIN LUBBOCK COUNTY PRECINCTS BY THE U.S. JUSTICE DEPARTMENT; PROVIDING A MAP OF THE VOTING PRECINCTS AND DISTRICTS OF THE CITY OF LUBBOCK; PROVIDING THAT ALL PORTIONS OF CHAPTER 8 NOT AMENDED SHALL REMAIN THE SAME; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. (14.) Ordinance No. 10047 - Zone Case No. 2556-A (2600 81st Street): Request of Bobby McQueen for zoning change from GO to R-2 for duplexes on Lots 106 through 114, Gatewood Addition (second and final reading). ORDINANCE NO. 10047 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2556-A: A ZONING CHANGE FROM GO TO R-2 FOR DUPLEXES ON LOTS 106 THROUGH 114, GATEWOOD ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (15.) Ordinance No. 10048 - Zone Case No. 922-C (5001 Avenue Q): Request of Henry Huneke (for H. A. Sessions) to amend the conditions of Ordinance No. 9298 to permit nightclubs, cars or lounges on Lot 2, Huneke Addition (second and final reading). ORDINANCE NO. 10048 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 922-C; A ZONING CHANGE AMENDING THE CONDITION OF ORDINANCE #9298 TO PERMIT NIGHTCLUBS, BARS, OR LOUNGES IN A C-4 ZONE ON LOT 2, HUNEKE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (16.) Ordinance No. 10049 - Zone Case No. 2807 (south of 98th Street and east of Slide Road): Request of Henry Huneke (for H. A. Sessions) for zoning change from R-1 to C4 on a portion of land out of Section 16, Block E-2 (second and final reading). C.f:3 Regular City Council Meeting February 12, 1998 Page 69 ORDINANCE NO. 10049 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2807; A ZONING CHANGE FROM R-1 TO C-4 ON A PORTION OF LAND OUT OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (17.) Ordinance No. 10050 - Zone Case No. 2808 (6409 19th Street): Request of Keith Leano for zoning change from C-2 and C-3 to C-3 Specific Use for an oil change facility on the north 211.84 feet of Tract A-4-A, Milwaukee Place Addition (second and final reading). ORDINANCE NO. 10050 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2808; A ZONING CHANGE FROM C-2 AND C-3 TO C-3 SPECIFIC USE ZONING FOR AN OIL CHANGE FACILITY ON THE NORTH 211.84 FEET OF TRACT A-4-A, MILWAUKEE PLACE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (18.) Ordinance No. 10051 - Zone Case No. 921-L (south of 50th Street and west of Avenue Q): Request of Bill W. Cantrell (for Community Court Clubs, Inc.) for zoning change from A-1 and AM to R-1 Specific Use for townhomes on a portion of Tract 2-E out of Section 3, Block E (second and final reading). ORDINANCE NO. 10051 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 921-L; A ZONING CHANGE FROM A-1 AND AM TO R-1 SPECIFIC USE ZONING FOR TOWNHOMES ON A PORTION OF TRACT 2-E OUT OF SECTION 3, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (19.) Consider Joint Election Resolution No. 5770 with Lubbock Independent School District authorizing the May 2, 1998, election to be a Joint Election. This item was moved from Consent to Regular Agenda. JOINT ELECTION RESOLUTION NO. 5770 WHEREAS, the City of Lubbock and Lubbock Independent School District are both required to conduct elections on May 2, 1998; and WHEREAS, Section 271.002 of the Texas Election Code provides for joint elections when an election is required upon the same day by two or more political subdivisions occupying all or part of the same territory; and WHEREAS, it is deemed to be in best interest of the citizens residing in the City of Lubbock and Lubbock Independent School District to have a joint election on May 2, 1998, pursuant to the above cited provision of the Election Code; NOW THEREFORE: Regular City Council Meeting February 12, 1998 Page 70 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK AND THE BOARD OF TRUSTEES OF LUBBOCK INDEPENDENT SCHOOL DISTRICT ACTING JOINTLY: THAT a joint election of the City of Lubbock and Lubbock Independent School District be held on May 2, 1998, under provisions of the Texas Election Code and other applicable law and in accordance with the following agreed terms: 1. THAT common precinct boundaries and voting places shall be designated by each governing body so far as is practical and expedient. 2. THAT a single set of election officers shall be agreed upon and designated by both governing bodies for the conduct of the election. Such officers shall include those qualified to service for each individual subdivision. 3. THAT the election shall be administered by Ms. Kaythie D. Darnell, City Secretary of the City of Lubbock, within the limits of the City of Lubbock with Ms. Patti Flanagan of Lubbock Independent School District serving as assistant election officer. 4. THAT there will be early voting conducted April 15, 1998 to April 28, 1998, at the office of the City Secretary, 1625 13th Street, on weekdays, other than City holidays, during the regular business hours of the office of the City Secretary, which are from 8:00 a.m. to 5:00 p.m. Early voting by personal appearance will be conducted at the following branch early voting locations: South Plains Mall, 6002 Slide Road; United Supermarket No. 501, 2630 Parkway Drive; United Supermarket No. 502, 50th and Indiana; United Supermarket No. 503, 112 N. University; and United Supermarket No. 505, 401 Slide Road. The hours and days of voting at the branch early voting locations are as follows: South Plains Mall (6002 Slide Road): April 15, 1998 - April 18, 1998, 10:00 a.m. - 7:00 p.m. April 20, 1998 - April 24, 1998, 10:00 a.m. - 7:00 p.m. April 25, 1998, 8:00 a.m. - 8:00 p.m. April 26, 1998, 1:00 p.m. - 6:00 p.m. April 27, 1998 - April 28, 1998, 8:00 a.m. - 8:00 p.m. United Supermarket No. 501 (2630 Parkway Drive): April 15, 1998 - April 18, 1998, 10:00 a.m. - 7:00 p.m. April 20, 1998 - April 25, 1998, 10:00 a.m. - 7:00 p.m. April 26, 1998, 1:00 p.m. - 6:00 p.m. April 27, 1998 - April 28, 1998, 10:00 a.m. - 8:00 p.m. United Supermarket No. 502 (50th and Indiana): April 15, 1998 - April 18, 1998, 10:00 a.m. - 7:00 p.m. April 20, 1998 - April 25, 1998, 10:00 a.m. - 7:00 p.m. April 26, 1998, 1:00 p.m. - 6:00 p.m. April 27, 1998 - April 28, 1998, 10:00 a.m. - 8:00 p.m. United Supermarket No. 503 (112 N. University): April 15, 1998 - April 18, 1998, 10:00 a.m. - 7:00 p.m. April 20, 1998 - April 25, 1998, 10:00 a.m. - 7:00 p.m. April 26, 1998, 1:00 p.m. - 6:00 p.m. April 27, 1998 - April 28, 1998, 10:00 a.m. - 8:00 p.m. 70 Regular City Council Meeting February 12, 1998 Page 71 United Supermarket No. 505 (401 Slide Road): April 15, 1998 - April 18, 1998, 10:00 a.m. - 7:00 p.m. April 20, 1998 - April 25, 1998, 10:00 a.m. - 7:00 p.m. April 26, 1998, 1:00 p.m. - 6:00 p.m. April 27, 1998 - April 28, 1998, 10:00 a.m. - 8:00 p.m. 5. THAT the preparation of election supplies, contacting of appropriate officials, publication and all other routine matters for those precincts with voting places within the City of Lubbock shall be the responsibility of the City Secretary of the City of Lubbock. 6. THAT each political subdivision shall be responsible for posting its own notices and maintaining records pertaining solely to its own election as custodian of its own records. Each political subdivision also shall be responsible for preparing that portion of the ballot pertaining to its own election and for conducting a "drawing for place on the ballot," for its own election at a location and time of its own choice. 7. THAT the official canvassing of ballots and announcements of results shall be done individually by each governing body, and each political subdivision shall issue its own certificates of election to the candidates elected to that political subdivision. 8. THAT in all precincts where there are voters residing outside the jurisdiction of one of the political subdivisions, but inside the other political subdivision, such voters shall be given ballots containing only the names of those candidates for whom they are qualified to vote. Write in votes shall be cast on the ballot at the indicated space. 9. THAT a separate ballot and ballot boxes shall be used for this election and that the sealed ballot box procedure established by Subchapter C, Chapter 127, Texas Election Code, shall be used for this election. 10. THAT the City Secretary is hereby appointed as early voting clerk to oversee joint early voting. 11. THAT each entity shall pay its proportionate share of the common costs attributable to the joint election activities necessary for the conduct of the joint election. Passed by the City Council this 12th day of February, 1998. /s/ WINDY SITTON ATTEST: WINDY SITTON, MAYOR /s/ Kaythie Darnell Kaythie Darnell, City Secretary Resolved by the Board of Trustees on this 12th day of February, 1998 ATTEST: /s/ Linda DeLeon Linda DeLeon, Secretary /s/ BILL MILLER BILL MILLER, PRESIDENT 71 Regular City Council Meeting February 12, 1998 Page 72 For numerous years the City of Lubbock and Lubbock Independent School District have held joint elections in order to achieve cost savings for both entities as well as convenience to the voters. This Joint Election Resolution, which sets out issues on which City and School District staff agreed, was presented for Council consideration. The terms agreed upon are as follows: 1) Use of the same polling places and election officials where applicable. 2) Kaythie Darnell, City Secretary, as election administrator and Patti Flanagan, LISD representative, as assistant election officer. 3) Early voting by personal appearance beginning April 15, 1998 and extending through April 28, 1998. The City Secretary's office will be the main early voting polling place, with five branch locations for the early voting period. 4) Each political subdivision shall be responsible for posting notices, maintaining official records, preparation of ballot, and conduct of drawing for ballot position. 5) Each political subdivision shall be responsible for its official canvassing of ballots and announcement of results. 6) Each political subdivision shall pay its proportionate share of common costs. 7) Separate ballots and separate ballot boxes shall be used for the election and the sealed ballot box procedure established by Subchapter C, Chapter 127, Texas Election Code, shall be used for this election. The Lubbock Independent School District Board of Trustees considered this resolution at their February 12, 1998 meeting. City Secretary Kaythie Darnell recommended that Council authorize the Joint Election Resolution. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass Resolution No. 5770 as recommended by staff. Motion carried: 4 Yeas, 0 Nays. (20.) Consider Resolution No. 5758 authorizing Robert Massengale as the designated representative and Derrell Oliver as the alternate representative for all facilities of Lubbock Power and Light. RESOLUTION NO. 5758 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Robert Massengale is hereby appointed as the designated representative and responsible official for all facilities of Lubbock Power and Light of the City of Lubbock for all purposes relating to or in connection with Title IV and Title V of the Clean Air Act, 42 U.S.C. 7401, et. seq., as same may be amended from time to time, all laws of the State of Texas relating to the same or similar subject matter, as same may be amended from time to time, and all rules and regulations promulgated pursuant to such laws. 72 Regular City Council Meeting February 12, 1998 Page 73 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Derrell Oliver is appointed the alternate designated representative to act in the identical capacity as Robert Massengale, in his capacity as designated representative. Derrell Oliver, the alternate designated representative, is authorized to act in the following situations, and only in the following situations, to -wit: (i) the resignation or removal from the employ of the designated representative from the City of Lubbock; (ii) the inability of the designated representative to act, in such capacity, for and on behalf of the City of Lubbock; (iii) the death of the designated representative; or (iv) the absence of the designated representative from the City of Lubbock. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT all actions of the designated representative and responsible official taken prior to the date of the adoption of this resolution regarding the subject matter hereof are ratified in all respects and instances. Passed by City Council this 12th day of February, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jay Wadsworth Jay Wadsworth, Electric Production Superintendent APPROVED AS TO FORM: /s/ Richard Casner Richard Casner, Natural Resources Attorney Staff is required to have a responsible designated official and an alternate to sign Title IV, Title V of the Clean Air Act, 42 U.S.C. 7401 et seq. This resolution will authorize Robert Massengale to sign state and federal official documents and allow Derrell Oliver to sign in the event that Mr. Massengale is not available. Staff recommended approval of the resolution. 73 Regular City Council Meeting February 12, 1998 Page 74 (21.) Consider Resolution No. 5759 authorizing the Mayor to execute a deed for the sale of a 21,871 square foot tract of land out of Tract A, Entrada Del Norte Subdivision of Block Eight (8) and Block Twenty - Four (24), Original Town Addition to the Texas Department of Transportation for the East-West Freeway (909 4th Street). RESOLUTION NO. 5759 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 Deed conveying some 21,871 square feet, more or less, of land out of Tract "A", Entrada Del Norte Subdivision of Block Eight (8) and Block Twenty -Four (24), Original Town Addition, to the City of Lubbock, as recorded by Dedication Deed in Volume 1429, Page 278 of the Deed Records of Lubbock County, Texas, in favor of the Texas Department of Highways and Public Transportation, said Deed to be in a form that shall be acceptable to the City Attorney of the said City of Lubbock. Passed by City Council this 12th day of February, 1998. /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 Deed is filed with Resolution 5759. This agenda item was originally placed on the December 11, 1997 agenda. It was approved by the City Council at the meeting and returned to TxDOT for payment. The title company then discovered an error in the legal description that the surveyor had made and returned the deed to TxDOT for the City to approve with a new resolution attached. The surveyor misquoted the volume and page number for Tract A, Entrada Del Norte Subdivision by calling it Volume 5, Page 385 instead of Volume 1429, Page 278. The Right -of -Way Department recommended the sale of this property to TxDOT. (22.) Consider Resolution No. 5760 authorizing the Mayor to execute a Quitclaim Deed in favor of Lance Inderman for a tract of North Quaker Avenue excess right-of-way (4401 Itasca Street). 74 Regular City Council Meeting February 12, 1998 Page 75 RESOLUTION NO. 5760 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the city of Lubbock a Quitclaim Deed in favor of Lance Inderman, 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 City Council this 12th day of February, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Quitclaim Deed is filed with Resolution 5660. This resolution authorizes the Mayor to convey the remainder of Lot 346, Depauw-McLarty Addition to the abutting property owner, Lance Inderman. When North Quaker Avenue was widened a little over ten years ago, the widening left a couple of lot remnants on each side of Itasca Street adjacent to the west side of North Quaker Avenue. The lot remnant contains approximately 5,245.3 square feet, has 67.6 feet of frontage along Itasca Street, and has 28.00 feet of alley frontage. The Right of Way Department recommended that the City sell this excess piece of right-of-way for the same amount staff is selling the Indiana Avenue widening parcels, that being $5.00 per front foot. Since this is an odd -shaped lot, the average front foot size between the front footage and the rear footage would be 47.8 feet or $5.00 (front foot price) x 47.8 feet (average lot footage) = $239.00 sales price to Mr. Inderman. The Right -of -Way Department recommended the approval of this Quitclaim Deed. (23•) Consider Resolution No. 5761 authorizing the Mayor to execute a Supplemental Agreement to the Installation and Reimbursement for the Operation and Maintenance of Traffic Signals between the City of Lubbock and the Texas Department of Transportation. W, Regular City Council Meeting February 12, 1998 Page 76 RESOLUTION NO. 5761 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Supplemental Agreement to the Installation and Reimbursement for the Operation and Maintenance of Traffic Signals for the City of Lubbock, by and between the City of Lubbock and the State of Texas acting by and through the Texas Department of Transportation, and any 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 12th day of February, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jeryl D. Hart, Jr. Jeryl D. Hart, Jr. City Traffic Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney A copy of Supplemental Agreement No. 1 is filed with Resolution 5761. This supplemental agreement is to add two additional intersections: 66th and I-27, and 82nd and I-27, to modify the existing agreement (executed August 11, 1994) due to changes at several intersections and to modify the maintenance requirements to better reflect the standards of the industry. This change will increase the current annual agreement $1,002 from $44,702 to $45,704. It will require no additional personnel. The increased cost will cover the additional supplies needed for annual maintenance and operation. This change will bring all of the signals within the city limits of Lubbock under operation and maintenance by the City. By having one agency responsible for all of the signals, it will greatly simplify notification by police dispatch or the general public for any needed maintenance. The Traffic Engineering Department recommended approval of this supplemental agreement. (24.) Consider Resolution No. 5762 approving the plans or schematics for paving improvements of portions of streets and alleys to be included in an assessment program. 76 Regular City Council Meeting February 12, 1998 Page 77 RESOLUTION NO. 5762 WHEREAS, the City Council on December 11, 1997, passed Resolution No. 5722 and on January 8, 1998, passed Resolution No. 5739 providing for the improvements of portions of streets and alleys in the City of Lubbock, Texas, and along the boundaries of said City, and directing preparation of plans and specifications covering the streets and alleys as named in said Resolutions; and _ 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 12th day of February, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D.Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney This is the second of five resolutions associated with an assessment program for the construction of paving improvements as follows: The east -west, north -south alley between 64th Drive and 66th Street from Memphis Avenue east to 66th Street; The north -south alley between Vicksburg Avenue and Wayne Avenue from 4th Street to Whisperwood Boulevard; East Harvard Street from Ash Avenue to Birch Avenue; and 82nd Street from Frankford Avenue west to the City limits. The plans for 82nd Street have been prepared by TxDOT and are available for inspection at their office. The plans or schematics for the other street and alleys have been prepared by City staff and are available for inspection in the City Engineer's office. Staff recommended approval of this resolution. (25•) Consider the price and condition of sale of Parcel Number 33500-18- 50 at 206 Avenue L in the Guadalupe Area. 77 Regular City Council Meeting February 12, 1998 Page 78 This is a routine sale of property by the Urban Renewal Agency to Joe Stettheimer, Inc. for $400. The property is to be redeveloped with a new 1,130 square foot, single-family residence valued at $49,950. The land is properly zoned. The proposed development was approved by the Urban Renewal Board of Commissioners on January 20, 1998. The Community Development / Housing Department recommended approval. Staff concurred with this recommendation. (26.) Minuted action by Council accepting the Comprehensive Annual Financial Report (CAFR) for fiscal year ending September 30, 1997. Pursuant to Ch. 1, Art. IX, Sec. 26 of the City Charter, the City Council shall cause an audit of the books of the City at least once a year. At the January 22, 1998 City Council work session, a presentation of the Comprehensive Annual Financial Report was made to the City Council, and City Council accepted the report by consensus. This action item is to document that acceptance of the Comprehensive Annual Financial Report (CAFR) for the fiscal year ending September 30, 1997 in the minutes of the City Council meeting. Staff recommended formal acceptance of the CAFR in the minutes of the February 12, 1998 City Council Meeting. (27.) Consider Resolution No. 5763 authorizing the Mayor to execute two contracts with the Texas Department of Economic Development for Defense Economic Adjustment grants for (1) receipt of $2 million for the Reese Center building renovation and sewer interconnect; and (2) receipt of $2 million for equipping and operating The Institute of Environmental and Human Health. RESOLUTION NO. 5763 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 two contracts by and between the City of Lubbock and Texas Department of Economic Development. Said contracts are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 78 Regular City Council Meeting February 12,1998 Page 79 Passed by City Council this 12th day of February, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine Assistant City Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney Copies of the Contracts are filed with Resolution 5763. The City of Lubbock and Texas Tech University applied to the Texas Department of Economic Development for two grants from the Defense Economic Adjustment Grant program. These grants are for the sewer interconnect with Reese Center, renovations of Building #555 at Reese Center for The Institute of Environmental and Human Health, and the equipment and operations funds for The Institute of Environmental and Human Health. These grant applications were approved. The contracts with the Texas Department of Economic Development will allow dispersal of those grant funds. Staff recommended approval of the resolution authorizing the Mayor to sign the contracts with the Texas Department of Economic Development. (28.) Consider Resolution No. 5764 authorizing the Mayor to execute an interlocal agreement with Texas Tech University for the Defense Economic Adjustment Grant funds implementation. RESOLUTION NO. 5764 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement by and between the City of Lubbock and Texas Tech University. 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. 79 Regular City Council Meeting February 12, 1998 Page 80 Passed by City Council this 12th day of February, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine Assistant City Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney A copy of the Interlocal Agreement is filed with Resolution 5764. The City of Lubbock and Texas Tech University applied to the Texas Department of Economic Development for two grants from the Defense Economic Adjustment Grant program. These grants are for the sewer interconnect with Reese Center, renovations of Building #555 at Reese Center for The Institute of Environmental and Human Health, and the equipment and operations funds for The Institute of Environmental and Human Health. These grant applications were approved. The interlocal agreement between Texas Tech University and the City of Lubbock will allow the implementation of the grant funds dispersal. Staff recommended approval of the resolution authorizing the Mayor to sign the interlocal agreement with Texas Tech University. (29.) Consider Resolution No. 5765 authorizing the Mayor to execute two contracts with Texas Tech University for Defense Economic Adjustment grants for (1) receipt of $2 million for the Reese Center building renovation and sewer interconnect; and (2) receipt of $2 million for equipping and operating The Institute of Environmental and Human Health. RESOLUTION NO. 5765 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 two contracts by and between the City of Lubbock and Texas Tech University. Said contracts are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Regular City Council Meeting February 12, 1998 Page 81 Passed by City Council this 12th day of February, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine Assistant City Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney A copy of the Contract is filed with Resolution 5765. The City of Lubbock and Texas Tech University applied to the Texas Department of Economic Development for two grants from the Defense Economic Adjustment Grant program. These grants are for the sewer interconnect with Reese Center, renovations of Building #555 at Reese Center for The Institute of Environmental and Human Health, and the equipment and operations funds for The Institute of Environmental and Human Health. These grant applications were approved. The contracts with Texas Tech University will allow dispersal of those grant funds. Staff recommended approval of the resolution authorizing the Mayor to sign the contracts with Texas Tech University. (30.) Consider Resolution No. 5771 authorizing the Mayor to execute an interlocal agreement with Lubbock Reese Redevelopment Authority for the transfer of funds approved in the fiscal year 1997-98 budget. This item was moved from Consent to Regular Agenda. RESOLUTION NO. 5771 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement by and between the City of Lubbock and Lubbock Reese Redevelopment Authority. 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. 81 Regular City Council Meeting February 12, 1998 Page 82 Passed by City Council this 12th day of February, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine Assistant City Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney A copy of the Interlocal Agreement is filed with Resolution 5771. The City of Lubbock approved funds for Lubbock Reese Redevelopment Authority when the FY 1997-98 budget was approved. The interlocal agreement between the City of Lubbock and Lubbock Reese Redevelopment Authority will allow the funds dispersal. The amount for marketing is $250,000 and is funded from the utilization of fund balance. This account was established for one-time or capital expenditures. Staff recommended approval of the resolution authorizing the Mayor to sign the interlocal agreement with Lubbock Reese Redevelopment Authority. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to pass Resolution No. 5771 with the following amendment to Section I.B.3 of the Interlocal Agreement: "LRRA shall endeavor to coordinate their marketing activities with Market Lubbock, Inc." Motion carried: 4 Yeas, 0 Nays. (31.) Consider Resolution No. 5766 authorizing the Mayor to execute an interlocal agreement with West Texas Municipal Power Agency for cooperative purchasing. RESOLUTION NO. 5766 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement for Cooperative Purchasing, attached herewith, by and between the City of Lubbock and West Texas Municipal Power Agency, and all future Interlocal Agreements for Cooperative Purchasing in substantially the same form as the attached Agreement, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 82 Regular City Council Meeting February 12, 1998 Page 83 Passed by City Council this 12th day of February, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Interlocal Agreement is filed with Resolution 5766. Cooperative purchasing is one of the ways that local governments can save time and money in their purchasing programs. It occurs when two or more entities coordinate some or all of their purchasing needs so that they can join in purchases to the mutual benefit of all the entities concerned. Local governments benefit in many ways, including developing contacts with other local government officials and developing the habit of cooperating with other entities. Some of the most common benefits are: 1. Lower costs through increased volume; 2. Lower (shared) administrative costs; 3. Improved response from vendors; 4. Shared experience leading to better product specification; and 5. Better compliance with state statues on purchasing. VTCA Government Code, Chapter 791 - Interlocal Cooperation Act allows local governments to contract with and between each other to provide governmental functions and services and to join together in contracting with others to provide goods and services. The City of Lubbock and West Texas Municipal Power Agency (WTMPA) desire to cooperate on selected governmental purchases in order to enjoy greater economy of scale and thereby reduced prices for certain commodities used by both governmental entities. Pursuant to Section 791.012, the laws of the particular entity making the particular purchase will apply to the purchase unless the law of the other entity is more strict and would prohibit the purchase being made in such a manner. In such a case, the purchase will be made in conformance with the most stringent applicable regulation. The City of Lubbock and WTMPA will engage in the purchase of items and services that are used by both entities and as jointly agreed upon by the purchasing officers of both entities. As a general rule, the governmental entity that uses the 83 Regular City Council Meeting February 12, 1998 Page 84 most of a particular commodity or service will be the lead agent in making a joint purchase. Each entity will be responsible for payment of its portion of the proportionate purchase costs directly to the vendor. The period of this Interlocal Agreement will be for the balance of the fiscal year and will thereafter be automatically renewed annually for each succeeding fiscal year of the City. Staff recommended approval of the resolution. (32.) Consider Resolution No. 5767 authorizing the Mayor to execute a lease between the City and Kreher Steel Company, L.L.C. at Lubbock International Airport. RESOLUTION NO. 5767 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement attached herewith, by and between the City of Lubbock and Kreher Steel Co., L.L.C., which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 12th day of February, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Lease Agreement is filed with Resolution 5767. Nortec Specialty Steels, a tenant of Eastport, made a request to lease land adjacent to their facility for an open storage yard. The area will be used to store steel that is to be used in the company's manufacturing process. Nortec has requested that the lease be placed in the name of Kreher Steel Company, the company that supplies their steel. The lease will cover 40,000 square feet of open area. Kreher will be responsible for all improvements, including a screening fence around the perimeter of the yard and a paved entryway. Kreher will also provide landscaping around the perimeter. The term of the lease is three years with two one-year options. The lease rate is $0.10 per square foot and will yield $4,200 annually. Regular City Council Meeting February 12, 1998 Page 85 The Airport Board reviewed the lease and recommended it to the City Council. Staff also recommended approval. (33.) Consider Resolution No. 5768 authorizing the Mayor to transfer funds from Airport Facilities and System Improvement to the Airport Parking Lot Reconfiguration Capital Project. RESOLUTION NO. 5768 WHEREAS, Section 102.010 of the Local Government Code of the State of Texas authorizes governing bodies of municipalities to make changes in budgets from municipal purposes; and WHEREAS, in accordance with the City of Lubbock's Current Budget Ordinance, the City Manager is authorized to make transfers between funds, accounts, departments or program for municipal purposes; and WHEREAS, the City Council deems it advisable to change the budget for municipal purposes and reallocate funds as hereinafter described; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock is hereby authorized and directed to make the following changes to the City of Lubbock Budget for municipal purposes: ONE HUNDRED THIRTY-ONE THOUSAND, TWO HUNDRED NINETY- EIGHT AND N0/100 DOLLARS ($131,298.00) shall be provided from Fund 254 Airport Facilities and System Improvement fund for repair of portions of the airport public parking lot pavements that are worn and cracked, and reconfiguration of the parking lot. Passed by City Council this 12th day of February, 1998. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice /s/ WINDY SITTON WINDY SITTON, MAYOR The Department of Aviation has received bids on the reconfiguration of the public parking lot at Lubbock International Airport. The work involved includes realignment of the parking spaces to improve efficiency, reconfiguration of the roadways to reduce congestion during busy periods, and reconstruction of the areas of asphalt paving that have 85 Regular City Council Meeting February 12, 1998 Page 86 failed. A second phase of the project, programmed for next year, will involve overlaying the entire parking lot. Originally, this project was programmed over a three year period with the reconfiguration work broken out between Phases I and II and the overlay work planned for Phase III. However, privatization has improved parking revenues such that staff now has the funding to accelerate the project by combining Phases I and II. To accomplish this, $268,527 will be added to the current year project budget of $221,668, making the total budget this year $490,195. $137,229 of the additional funding will come from lower priority projects in the current budget that will be deferred until next year. The remaining $131,298 will come from airport reserves. The shifting of the reserve funds to the airport capital budget requires a City Council resolution. A comparison of the current project budget and the proposed project budget is shown below. Engineering Construction RPR TOTAL Current Project Budget Phase I $97,250 $114,598 $ 9,820 $221,668 Phase II -- 248,347 20,180 268,527 Phase III -- 318,000 26,394 344,394 Proposed Project Budget Phase I $97,250 $362,945 $30,000 $490,195 Phase II -- 318,000 26,394 344,394 A separate item under Bids and Purchasing recommended an award of contract to West Texas Paving for construction Phase I under the proposed project budget. The resolution for this agenda item will allow staff to put the funding in place so that the bid can be awarded, and the project can move forward. Staff recommended approval of a resolution authorizing transfer of $131,298 in airport reserves to this project. (34.) Bid #97253 - Police Badges (Police Administration) This bid is for police badges to replace those worn by Lubbock police officers for more than 30 years. Many of the badges currently in use are damaged or worn by use, while many others bear the gender -specific legend "Patrolman" rather than the correct "Police Officer". The cost of repairing and updating the existing generic -design badges equals or exceeds the cost of replacing them across-the-board with custom design badges. The Patrol Division -Reimbursement Account budget amount is $50,000. The low bid is $24,992.25 from Northeast Emblem and Badge Company of Cheshire, Connecticut. (35.) Bid #97266 — Lift Truck (Transportation) This bid is for the purchase of one lift truck to be used at the Citibus garage. :• Regular City Council Meeting February 12, 1998 Page 87 The Federal Transit Administration (FTA) will provide 80 % of the funding; the City of Lubbock will provide the remaining 20%. The Citibus Heavy Moveable Equipment budget amount is $38,000. The low bid is $28,480 from Western Forklift and Supply, Inc. of Lubbock, Texas. (36.) Resolution No. 5769/Bid #97280 - Parking Lot Reconfiguration and Reconditioning at Lubbock International Airport (Aviation) RESOLUTION NO. 5769 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 and all related documents by and between the City of Lubbock and West Texas Paving, Inc., of Lubbock, Texas to install and furnish all materials and services as bid for the parking lot reconfiguration and reconditioning at Lubbock International Airport, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 12th day of February, 1998. /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/ Anita E. Burgess Anita E. Burgess, City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 12th day of February, 1998, 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 West Texas Paving, 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: Regular City Council Meeting February 12, 1998 Page 88 BID #97280 - PARKING LOT RECONFIGURATION AND RECONSTRUCTION AT LUBBOCK INTERNATIONAL AIRPORT - $362,945.00 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/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Murleen Jarnagin CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: West Texas Paving, Inc. By: /s/ Darrell Jarnagin PRINTED NAME: Darrell Jarnagin TITLE: President COMPLETE ADDRESS: West Texas Paving, Inc. P. O. Box 64187 Lubbock, Texas 79464 This project involves the reconfiguration and reconditioning of the public parking lot at Lubbock International Airport. The work will include realignment of parking spaces to improve efficiency, reconfiguration of the roadways to reduce congestion during busy periods, and reconstruction of the areas of asphalt paving that have failed. A second phase of the project, programmed for next year, will involve overlaying the entire parking lot. The low bid is $362,945 from West Texas Paving, Inc. of Lubbock, Texas. (37.) Bid #97283 - Dry Cleaning/Laundry Services, Annual Pricing (Police Administration) This bid is for dry cleaning and limited laundry services for on -duty apparel worn by officers of the Lubbock Police Department. These 88 Regular City Council Meeting February 12, 1998 Page 89 services are authorized for city police officers in a uniform expense allotment program previously approved by the City Council. The Patrol Division -Sup -Uniforms budget is $256,286. The low bid total is $217,548 from Freedom Cleaners of Lubbock, Texas. (38.) Bid #97305 - Police Department Uniforms, Annual Pricing (Police Administration) This bid is for the annual purchase of police officer uniforms. In 1996, Chief Ken Walker appointed representative focus groups from each section of the Police Department to address the reasons for the very negative response by Police employees during an employee survey conducted by the City. Of the four groups which represented the Uniform Division, three identified the current uniform as a problem. Research into the source of the dissatisfaction revealed two major complaints —material quality and uniforms seldom fit the individual for whom they were ordered. Only one bid meeting specifications was received. After conversation with several vendors who did not respond to the Invitation to Bid, the following reasons were given: J. B. Battle was the only uniform supply company capable of providing "custom" tailoring of all uniforms; and The quantity requested was not sufficient to obtain the material cuts from the manufacturer of the wool blend. The Patrol Division Reimbursement Account budget amount is $170, 000. The low bid is $125,823 from J. B. Battle Uniform Company of Oklahoma City, Oklahoma. (39.) Bid #97308 - Farm Equipment (Fleet Services) This bid is for the lease of farm equipment on a five-year municipal lease program for the Land Application Site and the Solid Waste Landfill. As approved in the FY 97/98 budget, staff is leasing this equipment as opposed to purchasing to help analyze the viability of whether or not the City should purchase or lease equipment. The total five-year lease and purchase cash flows adjusted for reinvested earnings are as follows: Cash Cost to Purchase $547,319 Lease Payments 625,260 End of Lease Buyout 13 Less Reinvested Cash Savings 85,483 Net Cash Cost to Lease 539,790 Overall Benefit of Leasing 7,529 Regular City Council Meeting February 12, 1998 Page 90 The Land Application -Rent Lease Machinery budget amount is $184,000. The total annual lease payments are from the following low bidders: Abilene Ag New Holland of Abilene, Texas $121,750.79 Western Implement of Lubbock, Texas 2,734.59 Scott Tractor of Lubbock, Texas 567.84 (40.) Bid #97310 - Lubbock Memorial Civic Center Chiller (Civic Center) This bid is for a 211-ton chiller machine for the Lubbock Memorial Civic Center. The installation of the chiller is being handled through a separate bid that identifies the specific brand and model of chiller to be installed. The Building Capital Outlay Buildings Municipal account budget amount is $70,000. The low bid is $56,575 from Robert Madden, Inc. of Lubbock, Texas. (41.) Bid #97312 - Air Switches (Central Warehouse) This bid is for factory -assembled unitized switches made in accordance with LP&L specifications. Typical application of these switches includes switching overhead distribution feeders either for load switching or line dropping. The Overhead Distribution Material Charges account budget amount is $25,200. The low bid is $25,200 from Temple, Inc. of Lubbock, Texas. (42.) Bid #98017 - Jetbridge Repair (Aviation) This project involves emergency repairs to a jetbridge that had separated from the airport terminal building. Jetbridge Technology, Inc. is currently under contract to provide technical inspections and jetbridge maintenance support to Lubbock International Airport. The Air Control-Jetbridge account budget amount for these repairs is $18,113. The cost of repair is $18,113 from Jetbridge Technology, Inc. of Kennedale, Texas. Staff recommended award of each of the bids to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions. REGULAR AGENDA PUBLIC HEARINGS (43.) Zone Case No. 2806 (2103 34th Street): Continuation of public hearing on appeal of Ike Garner for zoning change from C-2 to C-4 for a secondhand goods store on Lot 1 and the east 120 feet of Lot 2, McGee Addition, and to consider ordinance. The Council continued this item from January 22. all Regular City Council Meeting February 12, 1998 Page 91 Mr. Garner had requested that this matter be considered before the full council. Since only four members of Council were present, Council - member Patterson made the motion to continue this item until the February 26 meeting; motion was seconded by Councilmember Ince. Motion carried: 4 Yeas, 0 Nays. 11:30 A.M. COUNCIL RECESSED 11:43 A.M. COUNCIL RECONVENED MISCELLANEOUS (44.) Consider a resolution limiting Council's ability to voluntarily call an election within a five (5) year period for the purpose of increasing the current sales tax. This item was placed on the agenda at the request of Councilmember Victor Hernandez. Motion was made by Councilmember Hernandez to pass this resolution. Motion died for lack of a second. (45.) Consider a resolution limiting the amount of funds which could be transferred from any governmental source to Market Lubbock, Inc. for economic development purposes. This item was placed on the agenda at the request of Councilmember Victor Hernandez. Motion was made by Councilmember Hernandez to pass this resolution. Motion died for lack of a second. (46.) Consider a resolution for Council to call an election for May 2, 1998 for the purpose of voting for or against continuing to fund economic development initiatives through use of the "old mil tax" or have monies generated by said tax used to offset property taxes by the same amount. This item was placed on the agenda at the request of Councilmember Victor Hernandez. Motion was made by Councilmember Hernandez to pass this resolution. Motion died for lack of a second. (47.) Consider a resolution creating an Economic Development Council to investigate, analyze, develop, and prioritize methods by which regional and local economic development may be achieved. This item was placed on the agenda at the request of Councilmember Victor Hernandez. Motion was made by Councilmember Hernandez to pass this resolution. Motion died for lack of a second. BOARD APPOINTMENTS Motion was made by Councilmember Ince, seconded by Councilmember Patterson to appoint Cindy Martin to the National Windmill Project Board of Directors and to confirm all appointments and reappointments of board members. Motion carried: 4 Yeas, 0 Nays. 91 Regular City Council Meeting February 12, 1998 Page 92 (48.) Consider one appointment to the National Windmill Project, Inc. Board of Directors. At the January 22, 1998 meeting, City Council passed Resolution 5756 which included passage of the license agreement with the National Windmill Project, Inc. Section 7.04 of the agreement states that Articles of Incorporation shall be changed such that one of the Directors of the Board be appointed by the Lubbock City Council. Supporting documentation was included in Council backup. The Appointments Advisory Board recommended the following individuals for appointment: Cindy Martin (F,A,S) 1) Archivist with Southwest Collection, TTU 2) M.A. in history, candidate for Ph.D. in history 3) Served on Lubbock Heritage Society; Jubilee 75; Lubbock County Centennial Committee Caroline Sharp (F,A,C) 1) Assistant Treasurer Lubbock Women's Club 2) Vice President of Ways and Means -Lubbock Symphony Guild and Board Member of Lubbock Symphony Orchestra 3) Advisory Board member of Science Spectrum (49.) Confirm appointment of Roderick Evans and Judy Ribble to the Appointments Advisory Board. (50.) Confirm reappointment of Mackie Bobo, Anthony Looney, and Larry Rogers to the Community Development and Services Board. (51.) Confirm appointment of Cary Sallee to the Libraries Board. The citizens referenced in Items No. 49, 50 and 51 above were selected for service during the City Council executive session on January 22, 1998. They have all been contacted and have agreed to serve. 92 Regular City Council Meeting February 12, 1998 Page 93 12:12 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Patterson made a motion to adjourn; Councilmember Ince seconded the motion. Motion carried: 4 Yeas; ATTEST: ayt Darnell, Ciiy Secretary Read and approved this 9V- day of 93