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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/26/1998CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING March 26, 1998 8:00 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 26th day of March, 1998, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 8:00 A. M. 8:06 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tern Alex Cooke, Councilmember Max Ince, and Councilmember Randy Neugebauer. Mayor Sitton 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 Attorney; City Manager); pending or contemplated litigation (Police Department; Solid Waste; 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 (Fire Department). 8:08 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present except for Councilmember Victor Hernandez, who arrived at approximately 8:30 A. M. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Attorney; City Manager). ( 2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Police Department; Solid Waste; Water Utilities). Councilmember Ince was not in attendance for the Solid Waste briefing. ( 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 Neighborhood Redevelopment Commission Planning and Zoning Commission Structural Standards 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 (Fire Department). 9:34 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 ( 5.) Briefing on the process of soliciting cost proposals for providing sideloading solid waste collection services and the results of this process by Mildred Cox, Director of Transportation. Regular City Council Meeting March 26, 1998 Page 144 ( 6.) Lubbock Reese Redevelopment Authority presentation on status of Reese Center redevelopment by Tom Nichols, Chairman of the Board of LRRA. 11:00 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Alex Cooke, Councilmember Victor Hernandez, Councilmember Max Ince, Councilmember David Nelson, Councilmember Randy Neugebauer, Councilmember T. J. Patterson, City Manager Bob Cass, First Assistant City Attorney Don Vandiver, and City Secretary Kaythie Darnell Absent: City Attorney Anita Burgess Mayor Sitton called the meeting to order at 11:00 A. M. ( 7.) The Reverend Canon David L. Veal, Canon to the Ordinary, Episcopal Diocese of Northwest Texas, gave the invocation. ( 8.) Pledge of Allegiance was given in unison by those in the City Council Chambers. CITIZEN APPEARANCES ( 9.) Proclamation for the ABC Rodeo. Since 1943, the ABC Rodeo has a long tradition of contributing to the community and has helped to sponsor Lubbock's three Boys' Clubs. The ABC Rodeo promotes leadership skills and initiative among young people, as it continuously works to strengthen the bonds of friendship and compassion. The ABC Rodeo strives to enhance the quality of life for our community's young people and fosters goodwill and charity for all. Members of the American Business Club have worked hard and spent many hours organizing this worthwhile event in order to ensure its success and its ongoing efforts for the community. The ABC Rodeo will take place April 2 through 4, 1998. Mike Redeker, Chairman of the 1998 ABC Rodeo; Janie Lourie and Ruby Brackett, Ticket Coordinators; and Jarod Stanley accepted this Proclamation on behalf of the ABC Rodeo. (10.) Presentation of an Honorary Citizen of Lubbock, Texas Certificate to Olga Paterlini de Koch, a visiting architecture professor from Tucteman, Argentina. Architect Olga Paterlini de Koch presented a public lecture on Urban Planning and Preservation in Argentina in the Human Sciences Building on the Campus of Texas Tech on Wednesday, March 25, at 7:00 p.m. Professor Paterlini was born in San Miguel de Tucuman and graduated with a Science Baccalaureate from Sarmiento Vocational Liceo of the University of Tucuman and also studied at Catalina High School in Tucson, Arizona. She received her degree in Architecture and Urbanism from the National University of Tucuman in 1971. She has published numerous works in Spanish and English on Argentina's Architectural Heritage and on Company Towns in the Early Industrial Age. 144 Regular City Council Meeting March 26, 1998 Page 145 (11.) Presentation of the update of activities on the Community Development and Services Board by Jim Gomez, Chair. The Community Development and Services Board was created by Ordinance No. 9963, passed by the City Council on January 9, 1997. The 17 members are residents of the county and were selected from two "retiring" boards, the Community Development Advisory Committee and the Community Services Commission. This Board serves as an advisory board to the City Council, with power to hold hearings in the county and to consider and make recommendations to the City Council in writing, from time -to -time, on any and all matters pertaining to the community development and services in the county. CITIZEN COMMENTS Four citizens expressed comments to the Council. They were: Cecil Puryear William Warren Mikel Ward Joe McKay Councilmember Nelson gave his Top Ten List. CONSENT AGENDA (Items No. 12 - 28) Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to approve all items on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (12.) Approval of the minutes of the Regular City Council Meeting of March 12, 1998. (13.) Consider Resolution No. 5792 authorizing the Mayor to sign an interlocal agreement between the City of Lubbock and Texas Tech University Health Sciences Center to provide for services under the Texas Department of Health Title V contract with TTUHSC. RESOLUTION NO. 5792 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 Title V, Part B services and any associated documents, between the City of Lubbock and Texas Tech University Health Sciences Center (TTUHSC), attached hereto, 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. 145 Regular City Council Meeting March 26, 1998 Page 146 Passed by City Council this 26th day of March, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mary Strange Mary Strange Health Department Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant Attorney A copy of the Interlocal Agreement is filed with Resolution No. 5792. This is the City's second year of participation in the three-year grant from TDH to TTUHSC. The program provides direct and community services to low income, at -risk women and children who do not have access to health care through Medicaid or private health insurance. The grant fulfills the Core Mission of public health to provide population - based services. Activities to date have included health assessments in the neighborhoods of North Overton, Parkway -Cherry Point and Jackson -Mahon. From this data, neighborhood residents have been assisted in identifying their health issues and taking steps to resolve them, with input from the Health Department, TTUHSC and others. Small group work has developed neighborhood volunteers and adolescents with enhanced self-esteem. Billboards have presented information about a variety of topics that are of importance to the neighborhoods, such as safety, substance abuse, pregnancy, and nutrition. The interlocal agreement totals $65,468, an increase of $7,961 (13 %) over last year. The contract will provide sufficient funds for the salary and fringe benefits for a registered nurse and a data entry clerk —the two individuals primarily responsible for the success of this program. Staffing has not increased over last year. In addition, funding for travel, supplies, and indirect (administrative) costs is included in the contract. This agreement supports the Health Department Mission Statement to "develop new insights and innovative solutions to health problems." Therefore, staff recommended approval of the resolution. 146 Regular City Council Meeting March 26, 1998 Page 147 (14.) Consider Resolution No. 5793 authorizing the Mayor to sign an interlocal agreement with Texas Tech University Health Sciences Center for consultant services to establish, monitor and evaluate the program of surveillance and disease reporting for the City of Lubbock Health Department. RESOLUTION NO. 5793 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 Government Agreement for professional services, by and between the City of Lubbock and the Texas Tech University Health Sciences Center, attached herewith, and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 26th day of March, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Doug Goodman Doug Goodman, Managing Director of Health & Community Services APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Interlocal Governmental Agreement is filed with Resolution No. 5793. This is the City's third year since the Health Department reorganization, with an established emphasis on the Core Missions of Public Health, including Communicable Disease Surveillance. The participation of the consultant has served to increase understanding of pertinent data collection, disease investigation, and monitoring disease trends in the City of Lubbock. Dr. Ron Warner is a veterinarian and epidemiologist employed by the Department of Family and Community Medicine, Division of Preventive Medicine at Texas Tech University Health Sciences Center. His expertise in disease surveillance and epidemiology has been invaluable in assisting the Health department in establishing a model epidemiology program. 147 Regular City Council Meeting March 26, 1998 Page 148 The Council has already approved the Fiscal Year 1997-98 budget that contains funding for this interlocal agreement. There is no change in the dollar amount of the contract. The changes reflect that Dr. Warner will be paid a set monthly rate, which translates to savings in administrative time for both agencies. To enhance the continued progress of the surveillance program, the services of the consultant are essential to further the Core Missions of Public Health. The staff recommended approval of this agreement. (15.) Consider Ordinance No. 10059 abandoning and closing a two -foot underground street light cable easement located in Tract F-20, Woodland Park Addition (5101 80th). ORDINANCE NO. 10059 AN ORDINANCE ABANDONING AND CLOSING A TWO -FOOT UNDERGROUND STREET LIGHT CABLE EASEMENT LOCATED IN TRACT F20, WOODLAND PARK ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE, DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes an LP&L underground street light cable easement along the east 2.00 feet of Tract F-20, Woodland Park Addition. A new easement has been dedicated along the west 2.00 feet of Tract F-20 to replace this easement being closed. The Right -of -Way Department recommended the first reading of this ordinance. (16.) Consider Ordinance No. 10060 abandoning and closing a portion of 35th Street in the Cora B. Marshall Addition (1911 35th Street). ORDINANCE NO. 10060 AN ORDINANCE ABANDONING AND CLOSING PORTION OF 35TH STREET LOCATED IN THE CORA B. MARSHALL ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE, DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a 50-foot portion of 35th Street just west of Avenue S for replatting purposes. When the Cora B. Marshall Addition was platted in 1955, this short portion of 35th Street was dedicated but never opened up, since it was a dead-end street and would require additional right-of-way dedications. Instead of developing as a residential neighborhood, this area developed into larger commercial tracts, and the location of 35th Street in this area is not needed or required. The proponent of this closure is the Tabernacle Baptist Church, who also was the original dedicator of this street area being closed. Since they were the original dedicators of the street, they will not be charged. The .• Regular City Council Meeting March 26, 1998 Page 149 center portion being closed will remain as a utility easement to satisfy the existing utilities. The Right -of -Way Department recommended the first reading of this ordinance. (17.) Consider Resolution No. 5794 authorizing the Mayor to execute a street use license with J. L. and Sharon Curry for a building encroachment adjacent to Lots 1 and 2, Block 137, Original Town Addition (619 Broadway). RESOLUTION NO. 5794 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 a Street Use License with associated documents for and on behalf of the City of Lubbock with J. L. Curry, Jr. and Sharon L. Curry for a building encroachment. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 26th day of March, 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/ Linda L. Chamales Linda L. Chamales, Supervising Attorney A copy of the Street Use License is filed with Resolution No. 5794. J. L. "Buddy" Curry, Jr. and his wife, Sharon L. Curry, recently purchased the building at the southeast corner of Broadway and Avenue F. The building is presently built on the property line, and the exterior walls are stucco. They plan to brick the outside of the building and add a couple of decorative columns, all of which will encroach into the parkway area of Avenue F and Broadway. The brick will encroach a 6- inch by 115-foot area along Avenue F and a 1-foot by 50-foot area along Broadway. Total square footage of the encroachment will be 107.50 square feet. Valuing this square footage at $4.50 per sq. ft. , the street - use license formula indicates a value of 107.50 sq. ft. x $4.50 = $483.75 x 10% = $48.38 per year, or the minimum charge of $50 per year. This license will be for 20 years, payable every five years in advance. 149 Regular City Council Meeting March 26, 1998 Page 150 The Right -of -Way Department recommended the approval of this street - use license. (18.) Consider Resolution No. 5795 authorizing the Mayor to execute a Quitclaim Deed in favor of David J. Tillack and wife, Jimmie Sue Tillack, for a tract of Indiana Avenue excess right-of-way (3402 42nd Street). RESOLUTION NO. 5795 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 a Quitclaim Deed with associated documents for and on behalf of the City of Lubbock with David J. Tillack and wife, Jimmie Sue Tillack. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 26th day of March, 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/ Linda L. Chamales Linda L. Chamales, Supervising Attorney A copy of the Quitclaim Deed is filed with Resolution No. 5795. This resolution authorizes the Mayor to convey a 21.85-foot wide by 130.00-foot long strip of excess Indiana Avenue right-of-way to the adjacent property owner, David and Sue Tillack. The City is selling this 21.85 front foot wide strip of Indiana Avenue right-of-way to Mr. and Mrs. Tillack for $5.00 per front foot, or $109.25 total. The Right -of -Way Department recommended the approval of this Quitclaim Deed. (19.) Consider Resolution No. 5796 authorizing the Mayor to execute Supplemental Agreement No. 3 for the development of the West Texas Disposal Facility by and between the City of Lubbock and HDR Engineering, Inc. 150 Regular City Council Meeting March 26, 1998 Page 151 RESOLUTION NO. 5796 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, Supplemental Agreement Number 3 for the development of the West Texas Disposal Facility, by and between the City of Lubbock and HDR Engineering, Inc. and related documents. Said supplemental 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 26th day of March, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox, Director of Transportation Services APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney A copy of Supplemental Agreement No. 3 is filed with Resolution No. 5796. The cost increase in the HDR contract is associated with two things: engineering fees and pass through. Engineering Fee: HDR was asked to rearrange the interior roads and move the entrance. The purpose of this was to accommodate some grade differential problems between the farm -to -market road and the disposal cell, and to take more of the traffic waiting to enter the landfill off the public road and have the queue be on -site. Moving the entrance necessitated a minor modification to the permit, which HDR prepared and TNRCC approved. In addition, HDR prepared another permit modification request that involves going from a three -layer geocomposite liner to a two -layer geocomposite liner. Staff fully expects TNRCC to approve this request, and this is the source of the $155,000 savings. Lastly, HDR incurred additional costs due to the greater than expected length of the bidding process. All of these services resulted in the engineering fee adjustment to HDR of $46,915. Pass -Through Costs: HDR will receive none of the $160,847 in pass -through costs. All of this money is to go to HDR's subcontractors, who will be doing liner surveying, geotechnical foundation investigations, liner quality control 151 Regular City Council Meeting March 26, 1998 Page 152 testing, monitor well and gas probe location survey and installation, and construction testing (concrete, asphalt, etc.). These "pass -through" costs were expected but not defined in Supplemental Agreement No. 3. This increases the revised not -to -exceed total requested to $628,097, which includes an estimate of all pass -through costs and the minor changes described above. There are sufficient funds authorized within the Solid Waste Management Fund to cover these costs. The City Attorney's Office and the Solid Waste Management Department recommended approval of this resolution. (20.) Consider the price and condition of sale of Parcel Number 33500-17- 200 at 1010 2nd Place in the Guadalupe Area. This is a routine sale of property by the Urban Renewal Agency to Charles E. Key, dba Key Construction, for $400. The property is to be redeveloped with a new 1,100-square-foot, single-family residence valued at $50,000. The land is properly zoned. The proposed development is submitted according to the Marketing Plan for the Guadalupe Area adopted by the Urban Renewal Board of Commissioners on October 17, 1989. The Community Development Department recommended approval. (21.) Resolution No. 5797/Bid ##97300--West Texas Regional Disposal Facility Phase I (Solid Waste) RESOLUTION NO. 5797 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract, attached herewith, by and between the City of Lubbock and D. E. Rice Construction Company, Inc. of Borger, Texas, to install and furnish all materials and services as bid for the West Texas Regional Disposal Facility Phase I, and any associated documents. Said Contract is attached herein and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. 152 Regular City Council Meeting March 26, 1998 Page 153 Passed by City Council this 26th day of March, 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/ William de Haas William de Haas, Municipal Contracts Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 26th day of March, 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 D. E. Rice Construction Company, Inc., of the City of Borger, County of Hutchinson, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #97300 - West Texas Regional Disposal Facility Phase I - $5,264,398.66 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. 153 Regular City Council Meeting March 26, 1998 Page 154 ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Jere Hart Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Name Illegible CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: D. E. Rice Construction Company, Inc. Bv: /s/ Mike Maxwell PRINTED NAME: Mike Maxwell TITLE: Vice President COMPLETE ADDRESS: D. E. Rice Construction Company, Inc. P.O. Box 3344 Borger, TX This project is Phase I of the West Texas Regional Disposal Facility located approximately two miles west of Abernathy. Funding for this project is provided under the Solid Waste Management Capital Projects listed in the currently approved 1997-98 Capital Project Budget for the City of Lubbock. Projects included are: Phase I Improvements to New Landfill budget amount $2,070,805; and Excavation and Lining of Cell lA at New Landfill budget amount $3,657,086, for a total amount of $5,727,891 which also includes engineering costs. The low bid is $5,264,398.66 from D. E. Rice Construction Company, Inc. of Borger, Texas. (22.) Bid #98024--Utility Bodies and Tailgate Lifts (Fleet Services) This bid is for the purchase of new utility bodies, lift gates, and animal control bodies that will be installed on new vehicles purchased in the 1997-98 budget year. The Capital Outlay -Equipment Replacement budget amount is $150,000. The low bids total $84,829.50 from the following companies: J & B Trailers and Equipment Co. of Lubbock $42,399.00 Deerskin Manufacturing Inc. of Springtown, Texas 42,430.50 (23.) Resolution No. 5798/Bid #98026--Furnish and Install Shelving, Racks and Cabinets (Transportation) 154 Regular City Council Meeting March 26, 1998 Page 155 RESOLUTION NO. 5798 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract, attached herewith, by and between the City of Lubbock and Vaughn Storage Systems Company of Lubbock, Texas, to install and furnish all materials and services as bid for the Furnishing and Installation of Shelves, Racks and Cabinets at Citibus, and any associated 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 26th day of March, 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/ William de Haas William de Haas, Municipal Contracts Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 26th day of March, 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 Vaughn Storage Systems Company, of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #98026 - Furnish & Install Shelving, Racks & Cabinets at Citibus - $19,755.00 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. 155 Regular City Council Meeting March 26, 1998 Page 156 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. CITY OF LUBBOCK, TEXAS (OWNER) ATTEST: /s/ Windy Sitton /s/ Kaythie Darnell MAYOR Secretary APPROVED AS TO CONTENT: /s/ John Wilson CONTRACTOR: Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary Vaughn Storage Systems Company By: /s/ Chuck Gurry PRINTED NAME: Chuck Gurry TITLE: Vice President COMPLETE ADDRESS: Vaughn Storage Systems Company P.O. Box 16384 Lubbock, TX 79490 This project consists of furnishing and installing shelving, racks and cabinets to be used to store parts at the Citibus maintenance parts room. The purchase of these racks is essential to the adequate operation of the transit system's maintenance department. The racks will be used to store parts that will be used to mechanically maintain the Citibus fleet. The current system has been determined to be too small for Citibus' growing fleet. The Federal Transit Administration (FTA) will provide 80 % of the funding, and the City of Lubbock will provide the remaining 20%. The Citibus budget amount is $20,000. The low bid is $19,755 from Vaughn Storage Systems Company of Lubbock, Texas. (24.) Bid #98032--Agricultural Seed, Annual Pricing (Land Application Site) This bid establishes annual pricing for various types of agricultural seed to be used for the 1998 growing season. The seed will be purchased as needed over the next year. The seed will be planted and then harvested at the Land Application Site as required by the TNRCC permit. The Botanical Supplies budget amount is $115,500. 156 Regular City Council Meeting March 26, 1998 Page 157 The low bids total $61,579 from the following companies: George Warner Seed of Hereford, Texas $25,872 SEEDCO Corporation of Lubbock, Texas 14,910 Richardson Seed, Inc. of Lubbock, Texas 8,800 Central Garden & Pet Company of Lubbock, Texas 5,247 Kelly Green Seeds, Inc. Farwell, Texas 6,750 (25.) Resolution No. 5799/Bid #98034--Lubbock Power and Light Office Renovations (Facilities Management) RESOLUTION NO. 5799 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract, attached herewith, by and between the City of Lubbock and Pharr & Company of Lubbock, Texas, to install and furnish all materials and services as bid for the Lubbock Power & Light Office Renovations, and any associated 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 26th day of March, 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/ William de Haas William de Haas, Municipal Contracts Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 26th day of March, 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 Pharr & Company, of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. 157 Regular City Council Meeting March 26, 1998 Page 158 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 #98034 - LP&L Office Renovations at 1301 Broadway - $800,481.00 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/ Jackie Norvell CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Pharr & Company By: /s/ Jimmy R. Pharr PRINTED NAME: Jimmy R. Pharr TITLE: President COMPLETE ADDRESS: Pharr & Company P.O. Box 2791 Lubbock, TX 79408 This project consists of renovating the interior of the former Lubbock Housing Authority building to allow for the relocation of LP&L offices currently located at the Municipal Square Building. This complete renovation includes all mechanical, electrical and architectural works. The Building Capital Outlay -Buildings Municipal for New Building/ Renovations budget amount for this project is $805,000. The low bid is $800,481 from Pharr and Company of Lubbock, Texas. 158 Regular City Council Meeting March 26, 1998 Page 159 (26.) Bid #98039--Paper, Six -Month Pricing (Print Shop) This bid establishes six-month pricing for a variety of papers used primarily for forms and photocopying in the City of Lubbock Print Shop. Paper will be purchased as needed over the next six months. The Cost of Goods Sold budget amount is $45,000. The low bids are from the following companies: Gulf Coast Paper Company of Lubbock, Texas $32,681.51 Unisource Worldwide of Lubbock, Texas 4,540.48 Xpedx-Dixon Paper Company of Lubbock, Texas 3,053.79 (27.) Resolution No. 5800/Bid #98042--Carpet Replacement at Godeke Library (Facilities Management) RESOLUTION NO. 5800 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract, attached herewith, by and between the City of Lubbock and LVR Carpet Center, Inc. of Lubbock, Texas, to install and furnish all materials and services as bid for the Carpet Replacement at Godeke Library, and any associated documents. Said Contract is attached herein 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 26th day of March, 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/ William de Haas William de Haas, Municipal Contracts Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 26th day of March, 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 LVR Carpet Center, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. 159 Regular City Council Meeting March 26, 1998 Page 160 WITNESSETH: That for and in consideration of the payments hereinafter mentioned, to be made and performed by the OWNER conditions expressed in the bond bearing even date herewith CONTRACTOR hereby agrees with OWNER to commence an construction of certain improvements described as follows: BID #98042 - Carpet Replacement at Godeke Library - $21,726.00 d and agreements and under the (if any) the complete the 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 CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: LVR Carpet Center, Inc. By: /s/ Keith Rogers PRINTED NAME: Keith Rogers TITLE: President COMPLETE ADDRESS: LVR Carpet Center, Inc. 8516 Urbana Lubbock, TX 79424 This project is for the removal of the existing carpet and installation of new glue down carpet at the Godeke Branch Library. The Building Capital Outlay -Buildings Municipal for Godeke Library Interiors budget amount is $30,000. The low bid is $21,726 from LVR Carpet Center of Lubbock, Texas. (28.) Resolution No. 5801/Bid #98043--ACM Abatement of Parks Building (Facilities Management) lrole] Regular City Council Meeting March 26, 1998 Page 161 RESOLUTION NO. 5801 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract, attached herewith, by and between the City of Lubbock and Asbestos Removal, Inc. of Odessa, Texas, to install and furnish all materials and services as bid for the ACM Abatement of Parks Building, and any associated 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 26th day of March, 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/ William de Haas William de Haas, Municipal Contracts Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 26th day of March, 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 Asbestos Removal, Inc., of the City of Odessa, County of Ector, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #98043 - ACM Abatement of Parks Building @ 1010 9th Street - $17,851.00 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. 161 Regular City Council Meeting March 26, 1998 Page 162 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/ David Ziegler Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Asbestos Removal, Inc. By: /s/ Ron Osborn PRINTED NAME: Ron Osborn TITLE: Project Manager COMPLETE ADDRESS: Asbestos Removal, Inc. P.O. Box 13508 Odessa, TX 79768 This project consists of removing approximately 2,200-square feet of asbestos containing material (ACM) from the ceilings of several rooms throughout the facility. This work is required prior to the Parks Department moving into this facility. The objective is to allow Police Department the space now occupied by Parks Department at Municipal Square and to enhance security concerns. The Buildings Municipal -ACM Abatement budget amount is $25,000. The low bid is $17,851 from Asbestos Removal Incorporated of Odessa, 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 (29.) Ordinance No. 10061 - Zone Case No. 1193-A (302 E. Purdue): Request of Catherine W. Fuller (for D & S Mobile Home Center, Inc.) for a zoning change from C-4 and R-1 to IHC Specific Use for a mobile home park and mobile home sales, storage and refurbishing on Block 6 and the north one half of Block 5, Edsall Acres Addition. 162 Regular City Council Meeting March 26, 1998 Page 163 ORDINANCE NO. 10061 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1193-A; A ZONING CHANGE FROM C-4 AND R-1 TO IHC SPECIFIC USE ZONING FOR A MOBILE HOME PARK AND MOBILE HOME SALES, STORAGE AND REFURBISHING ON BLOCK 6 AND THE NORTH ONE HALF OF BLOCK 5, EDSALL ACRES ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:38 a.m. Catherine Fuller appeared on behalf of D & S Mobile Home Center to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:43 a.m. The north parcel of this request is an existing mobile home park zoned some years back. It was closed in a water bill dispute with the City. The Fuller family has reopened the facility and is in the process of making improvements. The "mobile home park" is listed in the Specific Use Section of the Zoning Code. The south, unplatted parcel yet to be developed is proposed as a mobile home sales lot, which is a permitted use in the IHC District. Adjacent land uses: North - playa and residential South - vacant East - vacant West - Interstate 27 The proposal is reasonably consistent with the Comprehensive Land Use Plan. The area east of the interstate and south of the Airport is targeted for industrial park zoning on the Plan. The existing mobile home park is being rezoned IHC Specific Use to accommodate two particular items: 1. Signage: with a wall adjacent to the property line on the interstate, the proposal is for a sign meeting the Code for size and height but with less setback than normal. The sign would be located in a "notch" in the fence at the southwest corner of the property. 2. Within the park the proponents request that units needing repair can be rehabilitated. The intent is to not provide for extensive construction but allow for units to be refurbished as a mobile home owner might undertake on their own unit. The parcel to the south that is yet to be developed will be a mobile home sales lot, which is a permitted use in IHC District. The Specific Use permit is being used to provide four site -related items: 1. An area on the lot, away from the Interstate and screened, for units to be refurbished. Again, this activity is not to be construction of mobile homes, but reconditioning. 163 Regular City Council Meeting March 26, 1998 Page 164 2. A Code size and height sign is requested with a fifteen -foot front and five-foot side setback (on the south side) to correspond to the sign location on the mobile home park. Movement of the large display units onto the lot creates a problem with a sign located in the middle half of the lot as normally required by the Code. 3. A twenty-five foot front setback for display of units for sale. Otherwise, the minimum setback in IHC is 43 feet. 4. The required on -site parking and entry drive is paved; the balance of the lot is proposed as all weather materials (crushed asphalt or gravel). Required landscaped area is noted on the proposed plan as "existing" on the north parcel and 10% of platted lot for the sales lot. The project should have little or no effect on traffic. The request was approved by the Planning and Zoning Commission subject to the site plan and following conditions: 1. The site plan indicates proposed sign locations for code height and size signs. 2. The site plan notes that, within the mobile home park, units may be refurbished. The activity shall be screened from areas occupied by park tenants. 3. On the south parcel, any refurbish activity will occur at least 300 feet from the west (interstate) boundary and shall be screened by the office and/or a six-foot solid fence on the west and south. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Neugebauer, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10061 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (30.) Ordinance No. 10062 - Zone Case No. 2373-A (south of 82nd Street and east of Avenue P): Request of Tony Ratliff (for All Texas Builders Inc.) for zoning change from R-1 to IHC for retail/wholesale business on Lots 1 through 8, Block 4, Rhoades Heights Addition. ORDINANCE NO. 10062 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2373-A; A ZONING CHANGE FROM R-1 TO IHC, ZONING ON LOTS 1 THROUGH 8, BLOCK 4, RHOADES HEIGHTS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:53 a.m. Tony Ratliff appeared on behalf of All Texas Builders to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:55 a.m. 164 Regular City Council Meeting March 26, 1998 Page 165 The City limit boundary between Avenue P and the Tahoka Highway is 150 feet south of the section line down the middle of 82nd Street. Approximately 110 feet of the front of these lots are inside the City, with about 35 feet remaining outside. Adjacent land uses: North - vacant, zoned residential South - residential, mixed commercial East - residential West - Bell telephone compound In 1975, the Comprehensive Land Use Plan did not anticipate Avenue P as a future north/south thoroughfare, since it is so close to the Tahoka Highway. In the next, and also the current, update of the Plan, Avenue P was designated as thoroughfare south of 82nd, and the intersection of Avenue P and 82nd is designated as a policy commercial corner. The Bell Telephone and City of Lubbock service compounds on the southwest corner of the intersection substantiate that decision. In 1983, a zone case on the two lots Mr. Ratliff owns was denied for C-3 based on the original Plan. The denial was formed within the discussion about the possibility of strip commercial between U.S. 87 and Avenue P. There are four blocks between Tahoka and Avenue P. The staff has indicated during previous inquiries that the Planning Department intends to continue support for the middle two blocks (between Avenue J and Avenue H) both north and south of 82nd remaining a district that will buffer the residential on 81st and 83rd Streets. Finding such uses may be tough. Because of the manner in which the adjacent subdivisions were platted (with residential size lots facing 82nd Street), the standard ten acre site will probably not occur on this southeast corner. Also, because of the number of individual platted lots, the greatest single issue for the resulting strip of businesses will be coordination of the number of curb cuts. The staff proposed a condition that will allow some oversight to the total number of curb cuts along the block. 82nd Street is in the process of right-of-way acquisition for widening between Avenue U and the Tahoka Highway. Most of the right of way will come from the north side. After completion and with a limited number of curb returns, traffic to and from the property within this proposal should have little effect on the overall transportation system. The request was approved by the Planning and Zoning Commission subject to the following condition: During the process of site planning, adjacent property owners shall attempt to utilize a minimum number of curb cuts along 82nd. Should the proposed number not be consistent with administrative opinion, the site plan shall be reviewed by the Planning Commission for final determination. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning and Zoning Commission. 165 Regular City Council Meeting March 26, 1998 Page 166 Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 10062 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (31.) Ordinance No. 10063 - Zone Case No. 2811 (southwest corner of 31st Street and Avenue B): Request of Parkhill, Smith and Cooper (for Frito-Lay, Inc.) for zoning change from R-3 to M-1 on a portion of land out of Section 7, Block B. ORDINANCE NO. 10063 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2811; A ZONING CHANGE FROM R-3 TO M-1, ZONING ON A PORTION OF LAND OUT OF SECTION 7, BLOCK B, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 12:00 noon. R. Holly Holder of Parkhill, Smith and Cooper appeared on behalf of Frito-Lay to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 12:02 p.m. The parcel is a completion of previous zone cases to accommodate an expansion of Frito-Lay. Adjacent land uses are industrial in all directions. The request is consistent with the Comprehensive Land Use Plan and zoning policy. The proposal will have little or no effect on the thoroughfare system. The Planning and Zoning Commission recommended approval of the request. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass on first reading Ordinance No. 10063 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (32.) Ordinance No. 10064 - Zone Case No. 2812 (4601 82nd Street): Request of Joe D. McKay AIA Architects (for Lakeridge Baptist Church) for zoning change from R-2 to A-2 limited to church and church related activities on a portion of land out of Section 15, Block E-2, SH RI DE Heights Addition. ORDINANCE NO. 10064 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2812; A ZONING CHANGE FROM R-2 TO A-2, ZONING LIMITED TO CHURCH RELATED ACTIVITIES ON A PORTION OF LAND OUT OF SECTION 15, BLOCK E-2, SH RI DE HEIGHTS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 166 Regular City Council Meeting March 26, 1998 Page 167 Mayor Sitton opened the public hearing at 12:03 p.m. Kelby Sue of Joe D. McKay AIA Architects appeared on behalf of Lakeridge Baptist Church to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 12:04 p.m. The existing church is non -conforming. This request will bring all of the property owned by the church into conformance with the current and future use. Adjacent land uses: North - 82nd Street South - Wayland Baptist College Campus East - commercial and single family West - church The request is consistent with the Comprehensive Land Use Plan and zoning policy. The proposal should have no additional effect on the street system. The Planning and Zoning Commission recommended approval of the request subject to the following condition: The use shall be limited to church and church related activities. Randy Henson, Senior Planner, presented staff comments. The staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Nelson, seconded by Councilmember Hernandez to pass on first reading Ordinance No. 10064 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 12:05 P. M. COUNCIL RECESSED TO EXECUTIVE SESSION 1:00 P. M. COUNCIL RECONVENED TRANSPORTATION SERVICES (33.) Consider Resolution No. 5802 authorizing the Mayor to execute an interlocal agreement to share costs associated with the Southwest to Northwest International Trade Corridor Initiative between the City of Lubbock and the City of Happy. RESOLUTION NO. 5802 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 Cooperative Agreement by and between the City of Lubbock and Happy, Texas. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 167 Regular City Council Meeting March 26, 1998 Page 168 Passed by City Council this 26th day of March, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Managing Director of Civic Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Interlocal Cooperative Agreement is filed with Resolution No. 5802. The City of Lubbock has partnered with West Texas cities along I-27 to begin forming the coalition for a Southwest to Northwest International Trade Corridor feasibility study. The City of Lubbock and eight cities and counties along I-27 have already agreed to share costs for a transportation study and associated costs. The purpose of the feasibility study is to justify obtaining a "high priority corridor designation" for a route that would go through West Texas. Lubbock continues to work with West Texas cities to complete securing interlocal agreements with all cities along the I-27 route. It is important for Lubbock to work closely with other cities in the region and present a united front on transportation for the western portion of Texas. To date, Lubbock has entered into interlocal agreements with the following cities/counties: Lubbock County City of New Deal Hale County City of Plainview City of Tulia Swisher County Randall County City of Abernathy The City of Happy now joins the list of cities that have entered into an agreement with the City of Lubbock. Lubbock will continue to work with remaining cities on I-27 who have yet to enter into an interlocal agreement to share costs for this project. Tommy Gonzalez, Director of Civic Services, presented staff comments. Staff recommended approval of the interlocal agreement between the City of Lubbock and the City of Happy. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5802 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Cooke had stepped away from the dais. Regular City Council Meeting March 26, 1998 Page 169 (34.) Consider Resolution No. 5803 authorizing the Mayor to execute an interlocal agreement to share costs associated with the Southwest to Northwest International Trade Corridor Initiative between the City of Lubbock and the City of Hale Center. RESOLUTION NO. 5803 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 Cooperative Agreement by and between the City of Lubbock and Hale Center, Texas. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 26th day of March, 1998. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Managing Director of Civic Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR A copy of the Interlocal Cooperative Agreement is filed with Resolution No. 5803. The City of Lubbock has partnered with West Texas cities along I-27 to begin forming the coalition for a Southwest to Northwest International Trade Corridor feasibility study. The City of Lubbock and eight cities and counties along I-27 have already agreed to share costs for a transportation study and associated costs. Lubbock continues to work with West Texas cities to complete securing interlocal agreements with all cities along the I-27 route. The City of Hale Center joins the list of cities that have entered into an agreement with the City of Lubbock. Tommy Gonzalez, Director of Civic Services, presented staff comments. Staff recommended approval of the interlocal agreement between the City of Lubbock and the City of Hale Center. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5803 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Cooke had stepped away from the dais. IS1 Regular City Council Meeting March 26, 1998 Page 170 (35.) Consider Resolution No. 5804 directing the City Engineer to prepare and file estimates and assessment rolls for paving improvements to be included in an assessment program. RESOLUTION NO. 5804 A RESOLUTION DIRECTING THE CITY ENGINEER TO PREPARE AND FILE ESTIMATES, ROLLS, ETC. IN CONNECTION WITH THE PROPOSED 1997 ASSESSMENT PAVING IMPROVEMENTS ON PORTIONS OF STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN AND ALONG THE BOUNDARIES OF THE CITY OF LUBBOCK, TEXAS. WHEREAS, the governing body of the City of Lubbock has heretofore ordered and provided for the improvement of portions of sundry streets, highways, avenues and/or alleys in and along the boundaries of the City as designated below: UNIT AND SUB -UNIT ALLEYS (10' WIDE) A-461-73 The East-West, North -South alley between 64th and 66th Street from Memphis Avenue East to 66th Street. A-461-74 The North -South alley between Vicksburg Avenue and Wayne Avenue from 4th Street to Whisperwood Boulevard. UNIT AND SUB -UNIT STREETS AND AVENUES 2342.001 East Harvard Street from Ash Avenue to Birch Avenue. 2386.002 82nd Street from Frankford Avenue West to the City limits. WHEREAS, it is proposed to make and levy assessments against abutting property and the owners thereof and others for a portion of the cost of such improvements; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Engineer of the City BE and he is hereby directed to prepare and file with the City estimates showing the cost of improvements in each Unit, showing the description of the property abutting upon each unit with the names of the owners of such property and the amounts proposed to be assessed against each parcel of property, showing other matters and things, it being specially provided, however, that any mistake in such estimates or in amounts and in the descriptions of property or names of owners shall in no way affect, invalidate or impair any assessment which may levied. SECTION 2. THAT such estimates, rolls and statements shall show all information required to be shown thereon by the proceedings of the City relating to such improvements and the laws and charter currently in force for the City, and by the provisions of Title 6, Subtitle E, Chapter 313 of the Texas Transportation Code. SECTION 3. THAT this Resolution shall take effect and be in force from and after its passage. 170 Regular City Council Meeting March 26, 1998 Page 171 Passed by City Council this 26th day of March, 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/ Linda L. Chamales Linda L. Chamales, Supervising Attorney/Office Practice This resolution is the fourth of five resolutions associated with an assessment paving program. The proposed paving improvements are 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. This resolution directs the City Engineer to prepare assessment rolls to include affected property descriptions, owners and proposed assessment rates. Larry Hertel, City Engineer, presented staff comments. Staff recommended approval of this resolution. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to pass Resolution No. 5804 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Neugebauer recused himself. (36.) Consider Resolution No. 5805 authorizing the Mayor to execute a contract with Parkhill, Smith and Cooper, Inc. for professional engineering services to develop engineering plans, specifications, and estimates (Phase II) for the Clapp Park stormsewer outfall, the upstream stormsewer for the Ribble Park lake, the K-Mart/Casey Park lake, the Trinity Church lake, and the Leftwich Park lake, and a drawdown stormsewer for those lakes upstream of Trinity Church west to McAlister Park. 171 Regular City Council Meeting March 26, 1998 Page 172 RESOLUTION NO. 5805 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Amendment Number 1 for storm drainage feasibility study and design, by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc., and related documents. Said amendment 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 26th day of March, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hertel Larry Hertel, City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney A copy of Amendment No. 1 is filed with Resolution No. 5805. Following two work session presentations and discussions regarding the Clapp Park Drainage Feasibility Study, the City Council instructed the Storm Water Management Section to begin negotiations for the engineering and design connected with the estimated $26.9 million stormsewer project. The project included a 60"-72" stormsewer outfall from Clapp Park to the Canyon, a 24"-48" stormsewer connecting the four lakes immediately upstream to Trinity Church/Sundial lakes, and a 24" drawdown stormsewer for the six lakes upstream of Trinity Church. Included in Council backup was a copy of the proposed contract between Parkhill, Smith and Cooper, Inc. and the City of Lubbock for this work. Generally, the contract stipulates that work will be invoiced and paid by the hour for actual work done with a not -to -exceed amount. It is further broken down into two parts. Part 1 is the basic services which includes defined analysis, design, surveying, geotechnical work, construction estimates, specifications, location of utilities, descriptions for right-of- way easements where needed, and assistance with the bidding process. This project will also involve one crossing of Interstate 27, three crossings of Loop 289, and several railroad crossings, adding to the difficulty of the project. Part 2 is the supplemental services, which are the required environmental services, defined by the various governing agencies during the Phase I Feasibility Study. 172 Regular City Council Meeting March 26, 1998 Page 173 Costs associated with the contract include: Basic Engineering Services $1,303,564.00 Geotechnical Services 96,368.00 Surveying Services 468,957.00 Geophysical Services 20,500.00 Monitoring Well Services 56,196.00 Total Basic Services $1,945,585.00 Supplemental Services 62,344.00 Total Not To Exceed $2,007,929.00 The total amount of $2,007,929 is less than what was estimated for engineering services during the Phase I Feasibility Study and is approximately 9.2 % of the total estimated construction cost for the project, of which basic engineering services make up only 6% of the contract. The engineering costs also fall well within the range for professional services as depicted by the Consulting Engineers Council of Texas and the Texas Society of Professional Engineers Guide to the Selection and Negotiating Process for a project of this size and detail. A timeline was also included as Attachment C to the contract. The timeline shows an approximate bid date for the first construction phase to be January 2000 with construction proposed to begin in the summer of 2000. Marsha Hensley, Transportation Planner, presented staff comments. Staff recommended approval of this contract. Motion was made by Councilmember Nelson, seconded by Councilmember Hernandez to pass Resolution No. 5805 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (37.) Consider Resolution No. 5806 authorizing the Mayor to execute a contract with the Texas Department of Transportation (TxDOT) for the reconstruction and widening of 98th Street (University Avenue to Indiana Avenue) to a T-2 Thoroughfare (seven lane facility). RESOLUTION NO. 5806 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 the Surface Transportation Urban Mobility Rehabilitation Program (98th Street), by and between the City of Lubbock and the Texas Department of Transportation, 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. 173 Regular City Council Meeting March 26, 1998 Page 174 Passed by City Council this 26th day of March, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox, Managing Director of Transportation Services APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney Contract Administration A copy of the Contract is filed with Resolution No. 5806. This project was 31st in priority in the Lubbock Metropolitan Transportation Plan: 2015 published by the Lubbock Metropolitan Planning Organization in December of 1994. This project is included in the 1998-2000 Transportation Improvement Program (TIP) process. This project will have a probable schedule to be constructed in FY 2001. The total project cost is estimated at $2,080,000, which includes engineering and contingency costs. The funding construction and engineering costs will be 80 % federal through TxDOT, in the estimated amount of $1, 600, 000, and 20 % local funds in the estimated amount of $400,000. The City of Lubbock will be 100% responsible for any right- of-way ($80,000) or utility relocation or adjustments needed. The local share for this project is budgeted from the street capital projects fund. The total cost includes the preliminary engineering, environmental documentation, plans, specifications, and construction of the project. The total City share is $480,000, of which $100,000 is currently budgeted. The immediate need is for the City's share (20% of the engineering costs). The $100,000 currently budgeted is sufficient for the City's engineering share. Staff will request the balance of $380,000 for construction in FY 1998-99. This is available in Streets Capital Projects Fund balance as unreserved. The Streets Capital Projects Fund balance shows $3.5 million in unallocated or unreserved at this point. The contract will allow TxDOT to provide the engineering and construction of the project. The contract requires the State and City to meet the following requirements for this project: State (TxDOT) - responsible for the preliminary engineering, plans, specifications, estimates, the preparation of environmental documents, and the holding of a public hearing (if necessary). TxDOT is also responsible for advertising and awarding the construction contract as well as construction inspection. 174 Regular City Council Meeting March 26, 1998 Page 175 City — responsible for the purchase of right-of-way (if necessary), relocation assistance (if necessary), relocation of all utilities (following local ordinances and franchise agreements), and environmental mitigation if needed. Once the project is complete the City will resume the maintenance responsibility. Larry Hertel, City Engineer, and Nancy Harvieux, Transportation Planner, presented staff comments. Staff recommended approval of this contract to allow TxDOT to provide the engineering and construction of the project. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 5806 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (38.) Consider Resolution No. 5807 authorizing the Mayor to execute a contract with the Texas Department of Transportation (TxDOT) for the reconstruction and widening of Indiana Avenue from 94th Street to 98th Street to a T-2 Thoroughfare (seven lane facility) and from 98th Street to the south city limits to three lane strip paving. RESOLUTION NO. 5807 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 the Urban Street Program (Indiana Avenue), by and between the City of Lubbock and the Texas Department of Transportation, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set herein and shall be included in the minutes of the City Council. Passed by City Council this 26th day of March, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox, Managing Director of Transportation Services APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney Contract Administration A copy of the Contract is filed with Resolution No. 5807. 175 Regular City Council Meeting March 26, 1998 Page 176 This project was listed fifth in priority in the Lubbock Metropolitan Transportation Plan: 2015 published by the Lubbock Metropolitan Planning Organization in December of 1994. The City requested this project be constructed with Urban Street Program Funds during the Transportation Improvement Program (TIP) process for Fiscal Year 1998-2000. This project was subsequently placed in the program for FY 1999. The Transportation Policy Committee of the Metropolitan Planning Organization approved the TIP on April 23, 1997. The total project cost is estimated at $1,431,000, which includes engineering and contingency costs. The estimated construction cost of the project is $1,200,000. The funding of the construction cost will be 80 % state in the estimated amount of $910,400, and 20 % local funds in the amount of $227,600. The City of Lubbock will be 100% responsible for the engineering ($120,000), right-of-way ($111,000), any necessary utility relocation or adjustment costs, and items such as curb and gutter, sidewalks, etc. ($62,000). State Share City Share Project Total $910,400 $520, 600 $1,431, 000 The local share for this project is currently in the amount of $454,000 in the 1997-98 Capital Projects Budget. The additional $66,600 will be addressed in the revised 1997-98 budget. This is available in Streets Capital Projects Fund balance as unreserved. The Streets Capital Projects Fund balance shows $3.5 million in unallocated or unreserved at this point. The total cost includes the preliminary engineering, environmental documentation, plans, specifications, and construction of the project. The contract will allow TxDOT to provide the engineering and construction of the project. The contract requires the State and City to meet the following requirements for this project: State (TxDOT) — responsible for the preliminary engineering, plans, specifications, estimates, the preparation of environmental documents, and the holding of a public hearing (if necessary). TxDOT is also responsible for advertising and awarding the construction contract as well as construction inspection. City — responsible for the purchase of right-of-way (if necessary), relocation assistance (if necessary), relocation of all utilities (following local ordinances and franchise agreements), and environmental mitigation if needed. Once the project is complete the City will resume the maintenance responsibility. Larry Hertel, City Engineer, and Nancy Harvieux, Transportation Planner, presented staff comments. Staff recommended approval of this contract to allow TxDOT to provide the engineering and construction of the project. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 5807 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 176 Regular City Council Meeting March 26, 1998 Page 177 (39.) Consider Resolution No. 5808 authorizing the Mayor to execute a contract with the Texas Department of Transportation (TxDOT) for the reconstruction and widening of Milwaukee Avenue (4th Street to 34th Street) to a T-2 Thoroughfare (seven lane facility). RESOLUTION NO. 5808 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 the Surface Transportation Urban Mobility Rehabilitation Program (Milwaukee Avenue), by and between the City of Lubbock and the Texas Department of Transportation, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set herein and shall be included in the minutes of the City Council. Passed by City Council this 26th day of March, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox, Managing Director of Transportation Services APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney Contract Administration A copy of the Contract is filed with Resolution No. 5808. This project was shown in phases rated sixth in priority for 19th to 34th Streets and eighteenth for 4th to 19th Streets in the Lubbock Metropolitan Transportation Plan: 2015 published by the Lubbock Metropolitan Planning Organization in December of 1994. The City requested this project be constructed with Federal Surface Transportation Program (STP) Funds and will be added to the Transportation Improvement Program (TIP) process for Fiscal Year 2000-2002. This project will be placed in the program to be constructed in FY 2001. TxDOT is proposing to begin design for this project at this time so plans will be ready when funding for construction is available. The total project cost is estimated at $4,000,000, which includes engineering and contingency costs. The funding of the construction and engineering costs will be 80% federal through TxDOT in the estimated amount of $3,200,000, and 20% local funds in the estimated amount of $800,000. The City of Lubbock will be 100% responsible for any right- of-way ($243,000) and any utility relocation or adjustments needed. 177 Regular City Council Meeting March 26, 1998 Page 178 The local share for this project is budgeted from the street capital projects fund. The total cost includes the preliminary engineering, environmental documentation, plans, specifications, and construction of the project. The total City share is $1,043,000, of which $100,000 is budgeted now in the FY 1997-98 Capital Budget. The immediate need is for City's share (20% of engineering costs). The $100,000 budgeted is more than adequate to cover our share of engineering. Staff expects to budget the remaining City share in FY 2000-2001. This is available in Streets Capital Projects Fund balance as unreserved. The Streets Capital Projects Fund balance shows $3.5 million in unallocated or unreserved at this point. The contract will allow TxDOT to provide the engineering and construction of the project. The contract requires the State and City to meet the following requirements for this project: State (TxDOT) — responsible for the preliminary engineering, plans, specifications, estimates, the preparation of environmental documents, and the holding of a public hearing (if necessary). TxDOT is also responsible for advertising and awarding the construction contract as well as construction inspection. City — responsible for the purchase of right-of-way (if necessary), relocation assistance (if necessary), relocation of all utilities (following local ordinances and franchise agreements), and environmental mitigation if needed. Once the project is complete the City will resume the maintenance responsibility. These two miles of Milwaukee will have plans, specifications and estimates prepared for full width thoroughfare paving. Allocated STP funding may not be available for both miles to be constructed full width, but plans will be ready should the estimated cost fall within available funding or additional STP funds allocated. Larry Hertel, City Engineer, and Nancy Harvieux, Transportation Planner, presented staff comments. Staff recommended approval of this contract to allow TxDOT to provide the engineering and construction of the project. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 5808 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (40.) Consider Resolution No. 5809 supporting federal legislation for additional funding that will add up to $1.8 billion to Texas' transportation budget over a six -year period through the Federal Highway Trust Fund. RESOLUTION NO. 5809 WHEREAS, the Nation's transportation infrastructure plays an integral part in the Nation's economy and the Texas transportation system is a key component of the National network; and 178 Regular City Council Meeting March 26, 1998 Page 179 WHEREAS, the U.S. Department of Transportation has reported that the Nation's transportation network is in dire need of a substantial increase in the level of financial investment to bring the system up to standards for safe and efficient operation and to meet expanding transportation demands; and WHEREAS, providing all states and the Nation as a whole with the benefits of mobility and economic prosperity and ensuring an effective connection between the vital Texas transportation system and the rest of the Nation requires steadfast support for the Nation's transportation network as we enter the 21' Century; and WHEREAS, the upcoming reauthorization of federal surface transportation programs represents a critical opportunity to ensure that federal transportation funds provided to support the Nation's transportation network are sufficient to support an effective response to the true needs of a modern transportation system; and WHEREAS, Amendment No. 1684 to S 1173, introduced by Senator John Chafee and approved by the Senate on March 5, 1998, would authorize the use of an additional $26 billion from the Highway Account of the Highway Trust Fund for highway infrastructure over the next five years; and WHEREAS, the increase in federal funding support for surface transportation agreed to by the Senate is fully funded through federal motor fuel tax revenues recently redirected to the Highway Trust Fund by the Taxpayer Relief Act; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock supports the increased federal investment in surface transportation adopted by the Senate and supports efforts to preserve the needed increase in federal spending on surface transportation in the final reauthorization of federal surface transportation programs; and THAT, the City of Lubbock urges the Texas Congressional Delegation and members of the Texas transportation community to support and work toward the adoption of increased federal investment in surface transportation programs. Passed by City Council this 26th day of March, 1998. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Managing Director of Civic Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR 179 Regular City Council Meeting March 26, 1998 Page 180 For our economy to grow in West Texas and to guard against population decreases in rural areas, Texas needs efficient transportation that will evenly distribute traffic. Rural Texas needs ensured access to transportation facilities that assist development. By accessing additional funding Texas can begin developing additional corridors and provide better facilities to transport goods between producers, markets, and consumers that will strengthen our economy. Additional funding will greatly enhance opportunities related to projects the City of Lubbock is currently undertaking. The Senate has concluded its action on re -authorizing the nation's surface transportation programs. The Senate has voted to approve a $214 billion, six -year plan to pay for roads, bridges and mass transit systems across the nation. Senate leaders have added $31 billion among states and regions for their shares of Federal Highway Aid. The bill will provide $173 billion for highways, a 38% increase over levels set by the last six -year transportation plan in 1991. This bill represents the Senate's understanding of the breadth of our nation's infrastructure needs. Texas would see an average of $1.8 billion annually in Federal Transportation Funds over the next six years with the bill's approval. Compared to the past six years, that is an increase of approximately $700 million in annual federal funding for the state. Although additional funding does not necessarily assure approval of any specific projects, the planned increase in funds would help get more projects underway. With this in mind, the City of Lubbock has partnered with cities along I-27 and other communities in West Texas to form a Southwest to Northwest International Trade Corridor Coalition. Recently, City of Lubbock officials met with Congressmen Thornberry, Combest, Stenholm, Bonilla, and Lamar Smith's staff, as well as Senator Hutchinson and Senator Gramm's office. The Congressmen and Senators and their staff were informed of our initiative for better transportation in West Texas. Obtaining additional funding for transportation could mean hundreds of jobs for communities in the western part of Texas and promote balanced growth for our state. Due to the accelerated pace in which the legislation process is moving at the federal level, staff needs to illustrate the City's unified support through this resolution as soon as possible. Tommy Gonzalez, Director of Civic Services, presented staff comments. Staff recommended that Council authorize the Mayor to execute the resolution supporting a higher return of funds toward transportation at the federal and state level. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to pass Resolution No. 5809 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (41.) Consider Resolution No. 5810 authorizing the Mayor to execute a contract with McDonald Transit Associates, Inc., to provide transit management services for a five-year period beginning October 1, 1998. HE Regular City Council Meeting March 26, 1998 Page 181 RESOLUTION NO. 5810 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 transportation management services, by and between the City of Lubbock and McDonald Transit Associates, Inc., 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 26th day of March, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox, Managing Director of Transportation Services APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney A copy of the Contract is filed with Resolution No. 5810. McDonald Transit has been managing Citibus since 1983. Their current contract expires September 30, 1998. A Request for Proposals was issued December 12, 1997. It was advertised in The Lubbock Avalanche Journal on December 14, 1997 and on December 21, 1997, and in "Passenger Transport" on December 22, 1997 and January 5, 1998. "Passenger Transport" is a weekly national newspaper of the transit industry. Postcards announcing the RFP were mailed to 52 firms across the country. The RFP documents were mailed to 19 firms. Proposals were due January 29, 1998. A proposal from McDonald Transit was the only one received. A six -member committee was appointed to review any proposals received. This committee is comprised of five City staff members (Jim Bertram, Terry Ellerbrook, Anna Mosqueda, Rick Smith, and Mildred Cox) and the Chair of the Transit Advisory Board, Will Williams. On February 4, 1998, four (Anna Mosqueda and Will Williams did not attend) of the committee members met along with Victor Kilman to review the proposal. The committee found the proposal to be complete and recommended awarding the contract to manage Citibus for another five years to McDonald Transit for the following reasons: 1. During the current five-year term of their management contract in Lubbock: 181 Regular City Council Meeting March 26, 1998 Page 182 * Annual passenger trips on Citibus increased 22 % * Annual revenue increased 40 % * The entire revenue fleet, an $8.3 million investment, was replaced at a cost to the City of Lubbock of less than $20,000 * Total service increased 20 % * Texas Tech University service increased 107 % * Citibus achieved full ADA accessibility * The Downtown Plaza was completed and opened as a premier transit facility * Advertising revenues, which were dramatically increased through the sale of bus wrap advertising, helped to offset losses in federal operating assistance 2. Outstanding qualifications and leadership of General Manager John Wilson. In January, John received the 1998 Southwest Transit Association (SWTA) President's Award. The President's Award is given to the individual who has done the most to improve the transit industry in the Southwest Region. John began his career in 1983 at Citibus and has developed Citibus into one of the premier transit systems in the United States, winning national awards including the 1992 American Public Transit Association (APTA) Public Transportation System Outstanding Achievement Award and the APTA Elizabeth H. Dole Safety Award in both 1992 and 1996. He has also served on several local, state, and federal legislative committees. Some committees include: the APTA Board of Directors, the APTA Legislative and Steering Committees, Executive Committee, Small Operations Committee, State Department of Highways and Public Transportation, Texas Transit Industry Advisory Committee, and the Policy Advisory Committee for the local Metropolitan Planning Organization. The price proposed was consistent with the pricing structure of the current contract. Mildred Cox, Director of Transportation, presented staff comments. It was recommended that the City Council enter into a five-year transit management contract with McDonald Transit Associates. The five-year contract will begin October 1, 1998 and expire September 30, 2003. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to pass Resolution No. 5810 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. CIVIC SERVICES (42.) Consider Joint Resolution No. 5811 between the City of Lubbock and the Lubbock Independent School District authorizing the construction and joint use of a parking lot on LISD property in the northwest portion of Tract B-1, Dupree Addition. I:J Regular City Council Meeting March 26, 1998 Page 183 RESOLUTION NO. 5811 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 between the City of Lubbock and the Lubbock Independent School District for the construction and joint use of a parking lot on LISD property in the northwest portion of Tract B-1 Dupree addition. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 26th day of March, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Managing Director of Civic Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Interlocal Agreement is filed with Resolution No. 5811. The number of citizens utilizing the Senior Citizen Center at 19th and Avenue T has increased over the years, creating a demand for additional parking. The existing parking spaces are not adequate to serve the public. Subsequently, staff began discussions with the Lubbock Independent School District (LISD) regarding the possibility of constructing a 16-space parking lot on the Dupree Elementary School site, immediately south of the Senior Center. In addition to providing the property, LISD is willing to assist the City with funding in return for mutual use of the parking lot. The City will oversee the construction of the project and will invoice LISD for 40% of the total cost upon completion of the parking lot. The total cost is estimated to be $24,000 for construction. If this estimate is accurate, the City's share will be $14,400, while LISD's share will be $9,600. The term for the agreement is 20 years and may be renewed by giving written notice of intent to renew for an additional 20-year term. The LISD School Board approved the agreement at their February 26, 1998 meeting. Tommy Gonzalez, Director of Civic Services, presented staff comments. Staff recommended approval of this resolution. 183 Regular City Council Meeting March 26, 1998 Page 184 Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to pass Joint Resolution No. 5811 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. MISCELLANEOUS (43.) Consider Ordinance No. 10065 amending Ordinance No. 10015 of the City Council of the City of Lubbock, Texas nominating an area as a Defense Economic Readjustment Zone pursuant to the Texas Defense Economic Readjustment Zone Act (Texas Government Code, Chapter 2310) to include the wording designating it a reinvestment zone; designation of the Mayor as the City's authorized representative; designation of the Business Liaison Officer as the City's liaison; and changing all references to Texas Department of Commerce to Texas Department of Economic Development (first reading). ORDINANCE NO. 10065 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS AMENDING ORDINANCE NO. 10015 OF THE CITY OF LUBBOCK, WHICH ORDINANCE NOMINATED A DEFENSE ECONOMIC READJUSTMENT ZONE PURSUANT TO THE TEXAS DEFENSE ECONOMIC READJUSTMENT ZONE ACT (TEXAS GOVERNMENT CODE, CHAPTER 2310), AND MODIFYING SAID ORDINANCE TO PROVIDE FOR TAX INCENTIVES, TO DESIGNATE AN AUTHORIZED REPRESENTATIVE TO ACT IN ALL MATTERS PERTAINING TO THE NOMINATION AND DESIGNATION OF THE AREA DESCRIBED HEREIN AS A DEFENSE ECONOMIC READJUSTMENT ZONE AND REINVESTMENT ZONE (TEXAS TAX CODE, CHAPTER 312), AND TO DESIGNATE A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE DEFENSE ECONOMIC READJUSTMENT ZONE ACT ONCE DESIGNATED BY THE TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT. On September 11, 1997, the City Council passed on second reading Ordinance No. 10015, nominating the area at Reese Center as a Defense Economic Readjustment Zone. The new application and guidelines for creation of a Defense Economic Readjustment Zone were just released, and some items were not in the ordinance that are now required by the guidelines. The items not in the original ordinance were the designation of the governing body representative and liaison, and the wording declaring it a reinvestment zone as well as a Defense Economic Readjustment Zone. Also changed were all references to the Texas Department of Commerce. Amending the ordinance by adding the additional items required will comply with the guidelines for creating a Defense Economic Readjustment Zone. Staff recommended approval of the ordinance amending Ordinance No. 10015. Kevin Walker, Business Liaison Officer, presented staff comments. Motion was made by Councilmember Neugebauer, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10065 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (44.) Consider a resolution supporting legislative changes to allow preferences for local bidders in the State of Texas Regular City Council Meeting March 26, 1998 Page 185 This item has been placed on the agenda at the request of Councilman Victor Hernandez. Motion was made by Councilmember Nelson, seconded by Councilmember Cooke to continue this item until the first City Council Meeting in June. Motion carried: 4 Yeas, 3 Nays. Councilmembers Hernandez, Ince, and Neugebauer voted Nay. (45.) Consider Resolution No. 5812 supporting the City of Lubbock application to the Federal Emergency Management Agency's Project Impact. RESOLUTION NO. 5812 WHEREAS, the Federal Emergency Management Agency (FEMA) is offering one city in the State of Texas the opportunity to participate in Project Impact, a joint partnership to transform a community into a disaster resistant community; and WHEREAS, the city selected by FEMA will receive assistance in the form of technical and monetary support to enable the city to better respond and mitigate the effects of a disaster; and WHEREAS, the City Council of the City of Lubbock desires a long term commitment to disaster preparedness; and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interests of the citizens of the City of Lubbock for the city to participate in Project Impact, NOW THEREFORE: 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 Project Impact Survey for submission to the Federal Emergency Management Agency through the Texas Department of Public Safety. Said survey 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 26th day of March, 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, Municipal Contracts Attorney '•' Regular City Council Meeting March 26, 1998 Page 186 A copy of the Survey is filed with Resolution No. 5812. Following is a description of Project Impact from FEMA's Website (http://www.fema.gov/about/impact.htm): About Project Impact - Breaking the disaster -rebuild -disaster cycle in the United States is FEMA's top priority. Project Impact is designed to help you and your community build a disaster resistant community. It is intended to help you "mitigate " or protect your community, the residents, organizations, businesses, infrastructure, and the stability and growth of its economy as much as possible against the impact of natural disasters BEFORE they happen. Participation in FEMA's Project Impact is a timely opportunity to continue the excellent work done by the 71 City, County, LISD, Texas Tech, media and community resources staff who attended the FEMA Emergency Management Institute earlier this month. Staff identified a number of action steps to improve communications and coordination among all parties involved in disaster mitigation, preparedness, response and recovery. 75 % Federal to 25 % local matching funds from Project Impact would accelerate our efforts. However, at this stage staff does not know the amount of Federal funds available. Only one pilot city in Texas will be chosen by FEMA. DPS' Emergency Management Division staff indicates they will promote Lubbock's selection. Richard Burdine, Assistant City Manager, presented staff comments. Staff recommended City Council approval of the proposed resolution. If the City of Lubbock is selected, a formal agreement among FEMA, the City and any other parties involved would be developed for City Council consideration. It would include all parties' responsibilities, fiscal and otherwise. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass Resolution No. 5812 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. BOARD APPOINTMENTS Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to confirm all appointments and reappointments of board members. Motion carried: 7 Yeas, 0 Nays. (46.) Confirm the reappointment of Jane Tustin to the Board of Health. (47.) Confirm the reappointment of Sue Crowson and Helen Edgar to the Keep Lubbock Beautiful Advisory Committee. (48.) Confirm the reappointment of Olga Aguerro, W. F. Brownlee, and James Harris to the Park and Recreation Board. (49.) Confirm the appointment of E. Jack Brown, John Burdette, Ben Courville, Zelda Cuevas, Susan Fannin, Gary Hughes, Maxine McCormick, Ross McKillip, Barry Orr, George Paul, Cyril Reasoner, David Schmidly, Esther Sepeda, Jack Thompson, and Efren Villanueva to the Economic Development Task Force. Regular City Council Meeting March 26, 1998 Page 187 The citizens referenced above were selected for service during the City Council executive session on March 12, 1998. They have all been contacted and have agreed to serve. 1:45 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Cooke made a motion to adjourn; Councilmember Patterson seconded the motion. Motion carried: 7 Yeas; 0Nays. WINDY SITION, nAYOR AT�EST: �� Kayth�e arnell, City Secretary Read and approved this 111k day of 11998. W DY SI ON, MA A EST: Kaythi Darnell, City Secretar 187