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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/14/1998CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING May 14, 1998 8:00 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 14th day of May, 1998, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 8:00 A. M. 8:00 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem Alex "Ty" Cooke, Councilmember Max Ince, and Councilmember David Nelson Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager); pending or contemplated litigation (Building Inspection; Purchasing; 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). 8:01 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager). ( 2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Building Inspection; Purchasing; Water Utilities). ( 3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Appointments Advisory Board Building Board of Appeals Citizens Traffic Commission Electric Utility Board Neighborhood Redevelopment Commission ( 4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property (Fire Department). WORK SESSION WAS HELD FOLLOWING THE REGULAR MEETING. 9:06 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tern Alex Cooke, Councilmember Victor Hernandez, Councilmember Max Ince, Councilmember David Nelson, Councilmember Randy Neugebauer, Councilmember T. J. Patterson, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell Regular City Council Meeting May 14, 1998 Page 258 Absent: None Mayor Pro Tem Cooke called the meeting to order at 9:06 A. M. and presided at the swearing -in ceremony. ( 8.) Captain Dan Proctor, Commanding Officer, The Salvation Army, gave the invocation. ( 9.) Pledge of Allegiance was given in unison by those in the City Council Chambers. SWEARING -IN CEREMONY Before the swearing -in ceremony began, outgoing District 5 Councilmember Randy Neugebauer was honored by the Council for his six years of service to the City of Lubbock and presented with a gift. Swearing in of newly elected councilmembers: David Nelson, Councilmember, District 3, was sworn in by Mayor Windy Sitton. Marc McDougal, Councilmember, District 5, was sworn in by Dr. Cleve Haley. Windy Sitton, Mayor, was sworn in by Judge Sam R. Cummings. Victor Hernandez, Councilmember, District 1, will be sworn in May 15, 1998 at 5:30 P. M. at the Maggie Trejo Supercenter. A reception in honor of the new councilmembers followed the ceremony. 10:00 A. M. COUNCIL RECESSED 1:23 P. M. COUNCIL RECONVENED Mayor Sitton presided at the remainder of the Council Meeting. Mayor Sitton announced that the Citizen Comments portion of the meeting would be moved to the end of the regular session. Following Council reconvening, incoming District 5 Councilmember Marc McDougal assumed his seat on the Council, replacing Councilmember Randy Neugebauer. Councilmember Patterson was not present when Council reconvened. CITIZEN APPEARANCES ( 9A.) Presentation by West Texas Municipal Power Agency regarding status of activity as well as report on recent bond sale. Mayor Pro Tem Cooke introduced several members of the WTMPA Board of Directors who were present at the meeting. Vince Viaille of First Southwest Company, financial advisors to WTMPA, made the presentation. Immediately preceding the Consent Agenda, Items No. 30 through 32 were considered. 258 Regular City Council Meeting May 14, 1998 Page 259 CONSENT AGENDA (Items No. 10, 12-13, 15-16, 17A, 19, 21-26, and 28-29) Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to approve all items on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (10.) Approval of the minutes of the Regular City Council Meeting of April 23, 1998. (11.) Ordinance No. 10068 - Grant a franchise to Tech Telephone Company, Ltd. to provide telecommunications services within the City of Lubbock for a term of three (3) years (second and final reading). ORDINANCE NO. 10068 AN ORDINANCE GRANTING TECH TELEPHONE COMPANY, LTD. A FRANCHISE AUTHORIZING AND GOVERNING THE USE OF CITY PROPERTY AND PUBLIC RIGHTS -OF -WAY TO PROVIDE TELECOMMUNICATIONS SERVICES WITHIN THE CITY OF LUBBOCK. This item was moved from Consent to Regular Agenda. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass on second and final reading Ordinance No. 10068 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember McDougal recused himself. (12.) Consider Resolution No. 5844 authorizing the Mayor to execute an alley -use license with Lubbock Pinnacle Properties, Ltd. for a building encroachment (5511 Slide Road). RESOLUTION NO. 5844 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 Alley Use License with associated documents for and on behalf of the City of Lubbock with Lubbock Pinnacle Properties, Ltd. for a building encroachment on a portion of an adjacent alley. 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. 259 Regular City Council Meeting May 14, 1998 Page 260 Passed by City Council this 14th day of May, 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/Office Practice A copy of the Alley Use License is filed with Resolution No. 5844. The Blockbuster Music Store building at the northeast corner of 56th and Slide Road encroaches into the alley right-of-way approximately 0.6 inches east -to -west and 16 feet north -to -south. This encroachment was discovered during a recent survey of the property, and a mortgage company has requested that the owner of the property, Lubbock Pinnacle Properties, Ltd., obtain an alley -use license to cover this encroachment. This license will be for 20 years, payable every five years in advance. The amount due will be the minimum per year license fee of $50. The Right -of -Way Department recommended the approval of this alley - use license. (13.) Consider Resolution No. 5845 authorizing the Mayor to execute a Quitclaim Deed in favor of Margaret Simon Lutherer (3402 45th). RESOLUTION NO. 5845 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 Margaret Simon Lutherer. 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. 260 Regular City Council Meeting May 14, 1998 Page 261 Passed by City Council this 14th day of May, 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/Office Practice A copy of the Quitclaim Deed is filed with Resolution No. 5845. This resolution authorizes the Mayor to convey a 50.71-foot-wide by 130.00-foot-long strip of excess Indiana Avenue right-of-way to the adjacent property owner, Margaret Simon Lutherer. The City is selling this 50.71 front foot wide strip of Indiana Avenue right-of-way to Mrs. Lutherer for $5.00 per front foot or $253.55 total. The Right -of -Way Department recommended the approval of this Quitclaim Deed. (14.) Consider Resolution No. 5853 authorizing an Amendment to the Hold Harmless Clause of the Agreement between the City of Lubbock and the Lubbock Housing Finance Corporation (LHFC) dated May 13, 1993, in conjunction with the HOPE 3 Program. RESOLUTION NO. 5853 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 Amendment to an Agreement by and between the City of Lubbock and the Lubbock Housing Finance Corporation. 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 Council. 261 Regular City Council Meeting May 14, 1998 Page 262 Passed by City Council this 14th day of May, 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 and Community Services APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Amendment is filed with Resolution No. 5853. This item was moved from Consent to Regular Agenda. The Lubbock Housing Finance Corporation (LHFC) is the pass -through agency for the HOPE 3 Program. In the past, the President and Vice - President of LHFC have signed all documents pertaining to the acquisition and disposition of the properties, as well as any other necessary documents. The LHFC Board has requested and approved that the Executive Director of LHFC also be designated to sign all documents. Therefore, in order to include LHFC employees in the Hold Harmless clause, the Agreement should be amended to read as follows: "The City shall hold harmless, defend and indemnify the LHFC, its directors, officers, and employees, from all claims..." Anita Burgess, City Attorney, presented staff comments. She advised a change should be made in the wording to strike "officers and employees" from and add "executive directors" to the clause in the agreement. The Neighborhood Redevelopment Commission approved the Amendment to the Contract at its March 24, 1998 meeting. The staff recommended approval. Motion was made by Councilmember Hernandez, seconded by Councilmember Cooke to pass Resolution No. 5853 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (15.) Consider Resolution No. 5846 authorizing the Mayor to approve an application for a State -administered, federally -financed SUMMER STEP WAVE PROGRAM, with emphasis on speed compliance targeting reduction in speed related crashes and seat belt usage targeting reduction in death and serious bodily injury. 262 Regular City Council Meeting May 14, 1998 Page 263 RESOLUTION NO. 5846 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 Texas Highway Traffic Safety Program Grant Agreement, attached herewith, by and between the City of Lubbock and the Sate of Texas, Department of Transportation, and any associated documents, for occupant protection selective traffic enforcement, and speed enforcement projects, 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 14th day of May, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan T. Saluri Dan T. Saluri, Assistant City Attorney A copy of the Grant Agreement is filed with Resolution No. 5846. In efforts to continue our emphasis on safety, staff researched this grant program. This program utilizes off -duty personnel working overtime to enforce non-compliance of designated speed limits and non -usage of seat belts and child restraints. This enforcement program addresses the three major summer month holiday periods: Memorial Day enforcement, May 23 through May 29; Independence Day, July 2 through July 8; and Labor Day, September 4 through September 10. Awards for this grant have been set beginning May 13, 1998 upon approval of the Lubbock City Council. This is a 100% grant in the amount of $10,000 to be administered during the period May 13 through September 30, 1998. The Police Department recommended the approval of this resolution approving the SUMMER WAVE ENFORCEMENT PROJECT grant. (16.) Consider Resolution No. 5847 authorizing the Mayor to sign an agreement with the Lubbock Arts Alliance. 263 Regular City Council Meeting May 14, 1998 Page 264 RESOLUTION NO. 5847 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 encouragement, promotion, improvement and the application of the arts, by and between the City of Lubbock and the Lubbock Arts Alliance, 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 14th day of May, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Connie Gibbons Connie Gibbons, Cultural Arts Services Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Municipal Contracts Attorney A copy of the Contract is filed with Resolution No. 5847. For the past 18 years, the Lubbock City Council has had a partnership with the Lubbock Arts Alliance, Inc. whereby the Arts Alliance manages a grants program designed to encourage and promote all forms of art in the Lubbock community. Funding for the grants program is allocated from 0.400 cent of the hotel/motel tax collected during the previous fiscal year. The 1997/98 agreement provides for a total sum of $117,179.11, which is 0.400 cent of the hotel/motel tax collected during the fiscal year ended and audited as of September 30, 1997. The agreement provides that a review committee of the Lubbock Arts Alliance, Inc. will receive and evaluate applications for art grants from community organizations. This committee then makes recommendations to the City Council for awarding of these grants. Approved grants are then paid by the Lubbock Arts Alliance, Inc. out of the funds received from the City. The Lubbock Arts Alliance is responsible for monitoring and administering all aspects of the grants program. Lubbock Arts Alliance, Inc. recommended that a new agreement be approved so that the grants program may continue through the 1998/99 grants cycle. 264 Regular City Council Meeting May 14, 1998 Page 265 (17.) Consider a resolution authorizing the City Council to approve an application for the 1998 Summer Food Service Program for Children funded by the Texas Department of Human Services and authorizing the Mayor to execute all related documents with the Department of Human Services. This item was deleted prior to Council meeting. (17A.) Consider Resolution No. 5848 authorizing the Mayor to execute Change Order No. 1 to a contract between the City of Lubbock and Duininck Brothers, Inc. for Runway 17R/35L Keel improvements. RESOLUTION NO. 5848 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Change Order No. 1 to a contract by and between the City of Lubbock and Duininck Brothers, Inc., to reconstruct runways 17R-35L Keel at Lubbock International Airport. A copy of said change order 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 14th day of May, 1998. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mark N. Earle Mark N. Earle, Director of Aviation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Municipal Contracts Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR A copy of the Change Order is filed with Resolution No. 5848. The next major capital project to be undertaken at the airport, after staff completes the reconstruction of the Keel of Runway 17R/35L, involves paving the shoulders adjacent to Taxiways G,J,M,N,Q,R,T, and the terminal ramp at the passenger terminal. That project will come to the Council at a later date. In the meantime our engineers recommended that staff take advantage of the time that staff currently has the runway closed for the keel project to accomplish three tasks that are included in the taxiway shoulders project. By completing the shoulder adjacent to Taxiways Q,N,&T now, staff will not have to close the runway again in order to complete the rest of the taxiway shoulder project. By taking advantage of the runway being closed now, staff will have significantly less impact on airline operation, especially as staff enters the summer months when the length of runway is critical to temperatures. 265 Regular City Council Meeting May 14, 1998 Page 266 The keel reconstruction contract for Runway 17R/35L is $5,362,317. The proposed Change Order No. 1 is $208,000 or 3.8 % of the construction contract. The staff recommended approval of this change order. (18.) Bid #97255 - City of Lubbock Wrecker Services (Police Department); consider bids and take appropriate action This item was moved from Consent to Regular Agenda. After bids were received for wrecker services, an error was discovered in the bid documents. Therefore, staff requested that Council reject all bids and, in the interest of public health and safety, direct staff to negotiate a contract with a qualified tow truck company. Staff recommended that Council reject all bids on Bid Item No. 97255 and direct City staff to negotiate a contract with a qualified vendor. Motion was made by Councilmember Nelson, seconded by Councilmember Ince to reject all bids and direct City staff to negotiate a contract with a qualified vendor. Motion carried: 6 Yeas, 0 Nays. (19.) Resolution No. 5849/RFP #97202 - Advertising Services (Public Information) RESOLUTION NO. 5849 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 advertising services, by and between the City of Lubbock and The Thomas Agency, for professional advertising services, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 14th day of May, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tony Privett Tony Privett, Corporate Communications Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas, Municipal Contracts Attorney 266 Regular City Council Meeting May 14, 1998 Page 267 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 14th day of May, 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 The Thomas Agency, 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 #9702 - Advertising Services -Public Information - $50.00 per hour 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/ Tony Privett Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary None Listed CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: The Thomas Agency : /s/ Ron Thomas PRINTED NAME: Ron Thomas TITLE: President COMPLETE ADDRESS: The Thomas Agency P.O. Box 53776 Lubbock, TX 79453 267 Regular City Council Meeting May 14, 1998 Page 268 In an effort to better inform Lubbock taxpayers regarding complex financial, public safety, and public works issues, the City plans to begin a year -long print advertising campaign. Full -page ads will run on an every -other -month basis in various Lubbock publications to address single issues of major public interest. Information for each ad will be compiled by City staff and approved by the City Manager. The advertising agency will design the ads, recommend media buys, handle the billing, and coordinate production deadlines with media. The General Capital Projects Fund/Customer Service Survey budget amount is $40,000, $35,000 for advertising and approximately $5,000 for ad agency fees. The Committee recommended award of contract to The Thomas Agency. (20.) Resolution No. 5854/Bid #98048 - Renovations of Residence at 4109 86th Street (Facilities Management) RESOLUTION NO. 5854 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 Lubbock Building Services, Inc. for renovation of the structure located at 4109 86`' Street, Lubbock, Texas, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 14th day of May, 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/ Amy L. Sims Amy L. Sims, Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 14th day of May, 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 .: Regular City Council Meeting May 14, 1998 Page 269 OWNER, and Lubbock Building Services, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #98048 - Renovation of Residence at 4109 86th Street - $42,700.00 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/ Amy Sims City Attorney ATTEST: Corporate Secretary /s/ Ann Smith Ann Smith CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Lubbock Building Services, Inc. By: /s/ Jerry Smith PRINTED NAME: Jerry Smith TITLE: President COMPLETE ADDRESS: Lubbock Building Services, Inc. P.O. Box 65600-194 Lubbock, TX 79464 This item was moved from Consent to Regular Agenda. On September 12, 1989, the Housing Standards Commission held a hearing regarding the structure located at 4109 86th Street and found that it was substandard according to the City of Lubbock Code of Ordinances. The Commission ordered that the structure be secured and the roofing, flat work, and the unfinished exterior wood be completed. The owners appealed the order to district court. The order was R Regular City Council Meeting May 14, 1998 Page 270 ultimately upheld, and all appeals have been exhausted. This bid will provide for the renovation of this residence to comply with the City of Lubbock Code of Ordinances. Funds from the Environmental Inspection Services -System Capital Outlay -Building Demolition account will be utilized for payment of this project. A lien may be placed on the property in order to recover any cost for said repair. The low bid is $42,700 from Lubbock Building Services of Lubbock, Texas. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to pass Resolution No. 5854 as recommended by staff. Motion carried: 6 Yeas, 1 Nay. Councilmember Hernandez voted Nay. (21.) Resolution No. 5850/Bid #98055 - Furnish and Install 100-Ton Truck Scale at the Land Application Site (Land Application Site) RESOLUTION NO. 5850 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 with Fairbanks Scales, of Oklahoma City, Oklahoma, to install and furnish all materials and services for the Furnish and Install 100 Ton Truck Scale at the Land Application Site, and all 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 Council. Passed by City Council this 14th day of May, 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 270 Regular City Council Meeting May 14, 1998 Page 271 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 14th day of May, 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 Fairbanks Scales, of the City of Oklahoma City, County of Oklahoma, 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 #98055 - Furnish and Install 100-Ton Truck Scale at the Land Application Site - $36,489.00 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/ John Hindman 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: Fairbanks Scales By: /s/ PRINTED NAME: TITLE: COMPLETE ADDRESS: Fairbanks Scales 1900 S. Easter Oklahoma City, OK 73129 271 Regular City Council Meeting May 14, 1998 Page 272 This bid is for the purchase and installation of a 100-ton truck scale at the Land Application Site. This scale is needed in order to ensure the accurate and consistent sale of alfalfa hay. Pricing of hay of any type is generally done on a cost per ton basis. The Major Capital Equipment budget amount is $40,000. The low bid is $36,489 from Fairbanks Scales of Oklahoma City, Oklahoma. (22.) Bid #98068 - Janitorial Paper Supplies, Three -Month Pricing (Central Warehouse) This bid establishes three-month pricing on janitorial paper products such as hand towels, toilet tissue, shop towels, roll towels, hot drink cups, and facial tissue. These products are used by all departments within the City, including the Civic Center, Auditorium and Coliseum, and Lubbock International Airport. This bid also contains options to extend the pricing agreements up to nine additional months, resulting in established prices for up to one year. The Inventory Central Warehouse budget amount for these items is $23,000. The low bids for three-month pricing are from the following companies: Gulf Coast Paper of Lubbock, TX $ 1,960.60 NationWide Papers of San Antonio, TX 2,002.17 Clean Care, Inc., of Lubbock, TX 6,270.74 Allied Supply Co., Inc., of Wilmington, DE 12,307.68 (23.) Resolution No. 5851/Bid #98070 - Traffic Sign/Signals Complex Roof Replacement (Facilities Management) RESOLUTION NO. 5851 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 with Andrus Brothers Roofing Company, of Lubbock, Texas, to install and furnish all materials and services for the Traffic Sign/Signals Complex Roof Replacement, and all 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 Council. 272 Regular City Council Meeting May 14, 1998 Page 273 Passed by City Council this 14th day of May, 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 14th day of May, 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 Andrus Brothers Roofing, 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 #98070 - Traffic Sign/Signals Complex Roof Replacement - $33,600.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. 273 Regular City Council Meeting May 14, 1998 Page 274 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: Andrus Brothers Roofing : /s/ PRINTED NAME: TITLE: COMPLETE ADDRESS: Andrus Brothers Roofing P.O. Box 64124 Lubbock, TX 79464 This bid will provide for the removal of the existing built-up roofing system on a portion of the Traffic Sign/Signals Complex. A new modified system will be installed to match that installed on the rest of the building. The Building Capital Outlay -Facilities Reroof budget amount is $40,000. The low bid is $33,600 from Andrus Brothers Roofing Company of Lubbock, Texas. (24.) Bid #98078 - 4" Propeller Type Water Meters (Water Treatment) This bid is for the acquisition of 40 propeller type water meters to be installed at the Bailey County Well Field. These meters will replace meters that have extended beyond their useful life. The meters are used to maintain an accurate account of water production from the water wells located in Bailey County as required by the Texas Natural Resource Conservation Commission. The Capital Improvement budget amount is $40,000. The low bid is $32,880.00 from McCrometer Inc. of Helmet, California. (25.) Bid #98082 - Electrical Transmission Line Materials (Central Warehouse) This bid is for the purchase of electrical transmission line materials including pole bands, connecting links, double arming bolts, dead-end compression connectors, horizontal post insulator clamps, line guards, fiberglass strain insulators, and 795 kCM aluminum -stranded, steel - reinforced wire. These materials are required for the 69kV Transmission Line from McKenzie to Co-op Substation project. The Overhead Distribution Material Charges budget amount is $48,400. 274 Regular City Council Meeting May 14, 1998 Page 275 The low bidders include the following companies: Techline, Inc., of Amarillo, TX $ 6,916.00 Cummins Utility Supply of Amarillo, TX 2,160.70 Temple, Inc., of Lubbock, TX 39,233.85 (26.) Resolution No. 5852/Bid #98083 - Dupree Park Sewer Main Replacement (Water Utilities) RESOLUTION NO. 5852 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 with Utility Contractors of America, Inc., of Wolfforth, Texas, to install and furnish all materials and services for the Dupree Park Sewer Main Replacement, to install and furnish all materials and services for the Dupree Park Sewer Main Replacement, and all 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 Council. Passed by City Council this 14th day of May, 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 14th day of May, 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 Utility Contractors of America, Inc., of the City of Wolfforth, 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 #98083 - Dupree Park Sewer Main Replacement - $61,723.00 275 Regular City Council Meeting May 14, 1998 Page 276 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/ Terry Ellerbrook 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: Utility Contractors of America, Inc. By: /s/ PRINTED NAME: TITLE: COMPLETE ADDRESS: Utility Contractors of America, Inc. 927 Highway 62 Wolfforth, TX 79382 This bid will provide for the construction of a 24-inch diameter sewer main across the south half of Dupree Park. This new construction will allow Water Utilities to abandon an existing 24-inch sewer main built in 1958. The existing sewer main is in a deteriorated state and allows ground water and storm water runoff to infiltrate the sewer system. During heavy rains and flooding in the park, the quantity of storm water infiltrating the sanitary sewer system can be very large. The construction of this new sewer main will help relieve this infiltration into the wastewater collection system. Infiltration of ground water and storm water into the collection system and eventually the treatment facility impacts costs due to the extra treatment, pumping and storage of large volumes of water. On some occasions the storm water inflows are great enough to cause overflows at the treatment facility. The Annual Sewer Facilities and Systems Improvements Capital Project budget amount is $75,000. The low bid is $61,723 from Utility Contractors of America, Inc. of Wolfforth, Texas. 276 Regular City Council Meeting May 14, 1998 Page 277 (27.) Bid #98085 - Summer Lunch Program (Parks and Recreation) and authorize same This item was deleted prior to Council meeting. (28.) Bid #98094 - ACSR Bare Wire (Central Warehouse) This bid is for the purchase of 4/0 and 477 kCM bare aluminum - stranded, steel -reinforced wires used in the overhead transmission or distribution of electricity. The Overhead Distribution Capital Project Budget amount for these items is $32,000. The low bid is $31,413.40 from King Wire, Inc. of Grand Prairie, Texas. (29.) Bid #98095 - 1500 Kva Pad Mounted Network Transformers (Electric Distribution) This bid is for the purchase of pad mounted transformers for installation at the Texas Tech University Central Heating and Cooling Plant #1. These transformers are needed to meet the increased load at this facility. This plant is currently undergoing a multi -million dollar expansion to provide increased cooling capacity for the University campus. As part of this plant expansion, the University is installing a new electric service for this building. In order to provide a high reliability service to this facility, LP&L has elected to install a spot network system similar to the systems installed at the Health Sciences Center campus. Network transformers are a special design and have rather limited use in the industry. For this reason there are only two known manufacturers of pad -mounted network transformers in the United States. Requests for bids were sent to all known transformer manufacturers, and two bids were received. Transformer bids were evaluated on a life cycle cost basis in accordance with values and formulas stated in the bid documents. The difference in purchase price between the two vendors was very close, with Oberlender & Associates bidding Uptegraff transformers at $40,976, and WESCO bidding ABB transformers at $41,034 each. However, the quoted electrical losses of the ABB transformers were considerably lower than the Uptegraff units, resulting in a life cycle cost that was $5,600 or 7.5 % lower. The System Capital Outlay -Distribution Transformers budget amount for this item is $170,000. The low bid based on life cycle cost is $281,336 ($164,136 purchase price) from WESCO of Amarillo, 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 Items No. 30, 31, 32 were heard immediately following Item No. 9A. 277 Regular City Council Meeting May 14, 1998 Page 278 (30.) Conduct a public hearing to receive input regarding the expenditure of Federal Local Law Enforcement Block Grant Funds, which are dedicated to enhancing technology within the Lubbock Police Department. Mayor Sitton opened the public hearing at 1:27 p. in. Ken Walker, Chief of Police, presented staff comments and spoke in favor. No one appeared in opposition. Mayor Sitton closed the hearing at 1:29 p. in. On July 11, 1996 Council approved the Police Department applying for a Federal Local Law Enforcement Block Grant. The grant is specifically for technology and includes digital imaging, digital photography, replacing some of the department's video terminals with computer work stations, and related equipment. On September 30, 1996 the Justice Department awarded the City $277,332. The City will be required to make a ten percent match. This public hearing was one of the requirements the City must meet prior to appropriating any of the Local Law Enforcement Block Grant funds. After the public hearing, the Lubbock Police Department will request the funds from the Department of Justice. Once those funds are received, the Lubbock Police Department will use the money to purchase the items mentioned above. (31.) Conduct a public hearing for the City Council to review Juvenile Curfew Ordinance No. 9814 and review the juvenile sections of the Lubbock Code of Ordinances, Chapter 18, Article II, Division 3. Comments for this item are included in Item No. 32 below. Mayor Sitton opened the public hearing at 1:31 p. in. Ken Walker, Chief of Police, presented staff comments and spoke in favor of continuing the Juvenile Curfew Ordinance. Judy Blakey, a representative of the Lubbock United Neighborhood Association (LUNA), spoke in favor. No one appeared in opposition. Mayor Sitton closed the hearing at 1:34 p. in. (32.) Consider Resolution No. 5843 authorizing the City Council to continue the Juvenile Curfew Ordinance which was originally adopted July 13, 1995. RESOLUTION NO. 5843 A RESOLUTION CONTINUING CURFEW ORDINANCES CODIFIED AS DIVISION 3, ARTICLE II, CHAPTER 18, CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED JUVENILES' CURFEW. WHEREAS, the City of Lubbock has codified ordinances relating to juveniles' curfew, at Division 3, Article II, Chapter 18, The Code of Ordinances, City of Lubbock, Texas; and, WHEREAS, Section 18-55, Code of Ordinances, City of Lubbock provides that the juveniles' curfew ordinances, codified as Division 3 of Chapter 18, shall be reviewed every third year prior to May 31 of such year as required by Section 370.002 of the Texas Local Government Code; and that the first review shall be conducted no later than May 31, 1998, following a public hearing upon the need to continue the ordinance; and, 278 Regular City Council Meeting May 14, 1998 Page 279 WHEREAS, a public hearing with proper notice has been held for review of Division 3, Article II, Chapter 18, Lubbock Code of Ordinances, entitled Juveniles' Curfew, including a review of the effect of such ordinances on the community and on the problems such ordinances were intended to remedy for purposes of abolishing, continuing or modifying such ordinances in conformity with the requirements of Texas Local Government Code Section 370.002; and, WHEREAS it appears that the effect of such curfew ordinances on the City of Lubbock is positive and that continuation of the ordinances would be in the best interest of the public health, safety and welfare of the citizens of the City of Lubbock; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That the ordinances of the City of Lubbock, codified as Division 3, Article II, Chapter 18, Lubbock Code of Ordinances, entitled Juveniles' Curfew, be and the same hereby are continued in conformity with the provisions of Section 18-5, Code of Ordinances, City of Lubbock, Texas, and the requirements of Texas Local Government Code Section 370.002. Passed by City Council this 14th day of May, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan T. Saluri Dan T. Saluri, Police Legal Advisor In accordance with the Texas Local Government Code, section 370.002, staff requested a review of Juvenile Curfew Ordinance No. 9814. The current ordinance has been in place since the second reading conducted July 13, 1995. The curfew ordinance requires a review prior to the third anniversary of the date of adoption. Staff submitted the following information regarding the impact of the curfew ordinance on the community and juvenile crime in Lubbock, Texas. The following statistical information is maintained by the Lubbock Police Department Crime Prevention Unit. Curfew Violations for January through August 1995 Juvenile Violators - 386 Adult Violators - 210 Total - 596 Curfew Violations for August through December 1995 Juvenile Violators - 756 Adult Violators - 566 Total - 1322 279 Regular City Council Meeting May 14, 1998 Page 280 Curfew Violations for 1996 Juvenile Violators - 1277 Adult Violators - 840 Total - 2117 Curfew Violations for 1997 Juvenile Violators - 904 Adult Violators - 507 Total - 1411 Curfew Violations through February 1998 Total - 183 Total Curfew Violations since August 1995 Total - 5033 In 1995, the City Council noted an increase in juvenile violence and juvenile crime in Lubbock, Texas. The Council noted an increase in murder, drive -by shootings, and drug related offenses. The Council further indicated the creation of this ordinance, and its enforcement would serve to alleviate some of these incidents through identification and enhanced communication between the offenders and parents. This statistical data on juvenile arrests is maintained by the Police Records Section. Murder Auto Thefts 1995 - 3 Arrests 1995 - 95 Arrests 1996 - 5 Arrests 1996 - 71 Arrests 1997 - 1 Arrests 1997 - 55 Arrests Robbery Crim. Mischief 1995 - 19 Arrests 1995 - 163 Arrests 1996 - 16 Arrests 1996 - 99 Arrests 1997 - 9 Arrests 1997 - 94 Arrests Theft Drug Offenses 1995 - 515 Arrests 1995 - 15 Arrests 1996 - 322 Arrests 1996 - 62 Arrests 1997 - 468 Arrests 1997 - 114 Arrests Assaults w/ Gun Total Arrests 1995 - 14 Arrests 1995 - 2060 1996 - 14 Arrests 1996- 1394 1997 - 12 Arrests 1997 - 2118 TOTAL NUMBER OF JUVENILE ARRESTS for 1995-1997: 11,018 The Juvenile Curfew Ordinance has increased public awareness and parental concern. The number of contacts through aggressive enforcement of the curfew ordinance is a key indicator of the importance of this ordinance. The curfew ordinance compels parents to be accountable for their children's actions and activity. The ordinance has given the Police Department an effective tool to reduce truancy, criminal activity and other abuses. Lubbock Police Department procedures continue to be refined to further this aggressive enforcement process. Staff recommended that the ordinance continue. Regular City Council Meeting May 14, 1998 Page 281 Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to pass Resolution No. 5843 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. TRANSPORTATION SERVICES (33.) Consider Resolution No. 5855 authorizing the Mayor to execute an interlocal agreement to share costs associated with the trade corridor initiative between the City of Lubbock and the City of Canyon. RESOLUTION NO. 5855 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 with the City of Canyon, 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 14th day of May, 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. 5855. The City of Lubbock has completed a trade corridor coalition from Lubbock to Amarillo by securing interlocal agreements with each community along this route. The City of Canyon brings the total to 12 cities that have joined the coalition. The City of Canyon's proportional share of the project is $7,258. By partnering with West Texas cities along I-27, staff has formed the beginning link to an international trade corridor coalition. By agreeing to the terms in the interlocal agreement, the communities along I-27 have agreed to share in the costs of a feasibility study and other associated costs. The purpose of the feasibility study is to justify obtaining a "high priority corridor designation" for West Texas. This study is designed to assemble information necessary to select the most promising route from Amarillo to Canada and from Lubbock to Mexico. This study will focus on the feasibility, need, and preliminary cost of the proposed extension. The study is intended to provide sufficient 281 Regular City Council Meeting May 14, 1998 Page 282 information to document whether or not there is merit for the corridor to be identified as "a corridor of regional significance." Staff currently meets corridor criteria for planning funds but needs corridor designation to ensure a stream of dedicated funds for planning purposes. Congress is currently in the process of re -authorizing the Infrastructure Surface Transportation Efficiency Act (ISTEA) bill. In the re -authorization, a portion of the funds is being dedicated to corridor planning and feasibility studies. If passed, the state of Texas would receive additional funds. Under the new plan, every state would be guaranteed to receive at least 91 cents for every $1 in gasoline taxes it sends to Washington. The way the bill is currently written, the State of Texas is scheduled to receive 1.8 billion additional dollars for transportation. If West Texas can obtain high priority status, staff may have an opportunity to access future planning funds for additional studies. The next step is to wait for the feasibility study to be completed and to continue pushing for the passage of BESTEA/ISTEA II and the designation of a "high priority corridor" for West Texas. Once staff receives the results of both these items, staff will continue to pursue adding additional communities to our coalition. Tommy Gonzales, Director of Civic Services, presented staff comments. Staff recommended approval of the interlocal agreement between the City of Lubbock and the City of Canyon. Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass Resolution No. 5855 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (34.) Consider Resolution No. 5856 authorizing the Mayor to execute an interlocal agreement to share costs associated with the trade corridor initiative between the City of Lubbock and Potter County. RESOLUTION NO. 5856 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement by and between the City of Lubbock and Potter County. 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. 282 Regular City Council Meeting May 14, 1998 Page 283 Passed by City Council this 14th day of May, 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. 5856. The City of Lubbock has completed a trade corridor coalition from Lubbock to Amarillo by securing interlocal agreements with each community along this route. Potter County brings the total to 13 cities and five counties that have joined the coalition. Potter County's proportional share of the project is $11,244. Following is a list of the cities and counties along I-27 that have joined the trade corridor coalition: Lubbock County Tulia New Deal Canyon Abernathy Swisher County Hale Center Amarillo Happy Randall County Hale County Potter County Plainview The next step is to wait for the feasibility study to be completed and to continue pushing for the passage of BESTEA/ISTEA II and the designation of a "high priority corridor" for West Texas. Once staff receives the results of both these items, staff will continue to pursue adding additional communities to our coalition. Tommy Gonzales, Director of Civic Services, presented staff comments. Staff recommended approval of the interlocal agreement between the City of Lubbock and Potter County. Motion was made by Councilmember Hernandez, seconded by Councilmember Nelson to pass Resolution No. 5856 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Patterson arrived at Council meeting at 1:45 p. m. 283 Regular City Council Meeting May 14, 1998 Page 284 PUBLIC SAFETY (35.) Consider Resolution No. 5857 authorizing the Mayor to execute an interlocal agreement with The Texas Department of Criminal Justice for fire protection services to the "John T. Montford Unit". RESOLUTION NO. 5857 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 Fire Protection Agreement and any associated documents, between the City of Lubbock and Texas Department of Criminal Justice, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 14th day of May, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Steve Haley Steve Haley, Fire Chief APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Fire Protection Agreement is filed with Resolution No. 5857. The City of Lubbock Fire Department will provide fire protection services to the John T. Montford Unit. The City agrees to respond to requests from any authorized official or employee of the Texas Department of Criminal Justice for firefighting services. Units will be dispatched only to emergencies that are within the boundaries of the Montford Unit property, or to emergencies where there is a danger of fire or explosion endangering the Montford Unit property. The Texas Department of Criminal Justice has agreed to compensate the City through the provision of in -kind services. Steve Hailey, Fire Chief, presented staff comments. Staff recommended approval of this resolution. Motion was made by Councilmember Hernandez, seconded by Councilmember Patterson to pass Resolution No. 5857 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. ME Regular City Council Meeting May 14, 1998 Page 285 CIVIC SERVICES (36.) Consider Resolution No. 5858 authorizing the City Council to approve an interlocal agreement with the Housing Authority of the City of Lubbock to provide recreational and educational services at George Woods Community Center. RESOLUTION NO. 5858 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, attached herewith, by and between the City of Lubbock and the Housing Authority of the City of Lubbock, and any associated documents, regarding the operation of the George Woods Community Center, located at 517 N. Zenith Avenue, 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 14th day of May, 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/ Richard K. Casner Richard K. Casner, Natural Resources Attorney A copy of the Interlocal Agreement is filed with Resolution No. 5858. At the present time, the Parks and Recreation Department fulfills part of its mission by serving as a provider of public recreation services. This includes promoting the use of department facilities by other public agencies to deliver their services and entering into cooperative relationships with community groups and agencies to jointly provide services. The Parks and Recreation Department's future will involve varied roles as a service provider, including direct provider and facilitator/ coordinator of services offered in recreation and other community services. The nature of the role assumed can vary throughout the City, depending on the needs of an area or target population and the availability of resources to meet those needs. 285 Regular City Council Meeting May 14, 1998 Page 286 During the Parks and Recreation Department strategic planning process, low attendance in many programs offered in the Parks system was identified as a weakness. As a result, staff evaluated programs at under- utilized facilities and initiated programs to increase attendance. Other considerations included alternate providers for recreation and community programs. George Woods Community Center was identified as one of the Park's Community Centers with low attendance. After several attempts to increase attendance by offering a variety of classes with little to no attendance, City staff contacted the Lubbock Housing Authority (LHA) to discuss the possibility of LHA providing recreational and community services at George Woods Center. LHA was receptive to the concept and presented the item at the LHA board meeting in January. The LHA board approved the item, and City staff initiated an interlocal agreement with the Lubbock Housing Authority. The agreement requires the LHA to provide recreation and educational programs at the George Woods Community Center. They also agree to pay for custodial costs beginning October 1, 1998. LHA will also pay for telephone charges and routine maintenance of the George Woods facility. The total savings to the City of Lubbock will be $109,203 over the term of the contract. Potential Benefits to the City Of Lubbock: ♦ Capitalizes on opportunities for joint venture through intergovernmental cooperation to develop and operate facilities. ♦ Allows for use of limited City resources to enhance quality of other programs. ♦ Creates an anticipated increase in use of existing resources. ♦ Provides services for special needs of cultural/ethnic groups, youth at risk and low-income families. ♦ Provides fitness, health maintenance, stress management, education, and other programs. ♦ Fully utilizes community resources to jointly plan, develop, manage, maintain, and operate recreation and community services programs. ♦ Provides avenues of communication that promote the participation of other service providers in planning, implementation and evaluation of leisure services and facilities. Key elements of the proposed agreement include: ♦ Term --The term of the agreement will begin upon City Council authorization and end two years from date of Council authorization. ♦ Programs--LHA will provide staff and resources to conduct recreational and educational activities at Woods Center. Regular City Council Meeting May 14, 1998 Page 287 ♦ Maintenance and Utilities --The City will pay for utilities (with the exception of telephone and routine maintenance). The City will provide custodial services until September 30, 1998, then LHA will assume this responsibility through the term of the agreement. ♦ Insurance--LHA will provide Comprehensive General Liability Insurance, Owner's Protective Liability Insurance, and Property Damage Liability Insurance in the amount of $1,000,000 each with the City being named as an additional insured. Staff felt this proposal is in continuance of Council directives of cost recovery. The interlocal agreement addresses the issue of under-utilized facilities and alternate providers identified in the strategic planning process. Approval of the agreement would allow for services to be continued at Woods Center. Tommy Gonzales, Director of Civic Services, presented staff comments, and Fulton Berry, Deputy Director of the Housing Authority, spoke on their behalf. Staff recommended approval of this resolution and interlocal agreement. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass Resolution No. 5858 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. ELECTRIC UTILITIES (37.) Consider Resolution No. 5859 authorizing the renaming of Lubbock Power and Light's Plant Number 2 as the J. Robert Massengale Generating Station. RESOLUTION NO. 5859 WHEREAS, the Electric Utility Board of the City of Lubbock, Texas, has requested that Lubbock Power & Light Plant No. 2 located at Municipal Hill be renamed in honor of J. Robert Massengale, who recently retired after many years of service with the City of Lubbock as the City financial officer and as the director of Lubbock Power & Light; 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 to honor the request of the Electric Utility Board; and WHEREAS, the City Council of the City of Lubbock also desires to honor J. Robert Massengale for his many years of dedicated service to the City of Lubbock, both as financial director and director of Lubbock Power & Light; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Lubbock Power & Light Plant No. 2 located at Municipal Hill is hereby named the J. Robert Massengale Generating Station in recognition of the many years of dedicated public service to the City of Lubbock and its citizens by J. Robert Massengale as the City of Lubbock's financial director and director of Lubbock Power & Light. 287 Regular City Council Meeting May 14, 1998 Page 288 Passed by City Council this 14th day of May, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Paul Thompson Paul Thompson, Director of Electric Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney At its meeting of April 22, 1998, the Electric Utility Board unanimously requested that Lubbock Power and Light's Plant Number 2 be renamed in honor of J. Robert Massengale, who recently retired after 30 years of municipal service, concluding as the Director of Lubbock Power and Light. Much of Mr. Massengale's time and energy with Lubbock Power and Light was dedicated to improving the efficiency and competitive abilities of LP&L. The new generation addition to Plant Number 2 is one of the results of his efforts. As such, it seems appropriate to re -name this plant as the J. Robert Massengale Generating Station. On April 22, 1998 the Electric Utility Board approved, and on May 7, 1998 the West Texas Municipal Power Agency approved and recommended that the City Council approve the resolution. Staff concurred. Councilmember Ty Cooke presented comments. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass Resolution No. 5859 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. BOARD APPOINTMENTS (38.) Consider two appointments to the NETTS, Inc. Board of Directors. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to continue this item until the May 28, 1998 Council meeting. Motion carried: 7 Yeas, 0 Nays. NM Regular City Council Meeting May 14, 1998 Page 289 CITIZEN COMMENTS Four expressed comments to the Council. They were: Loran Partigianoni Mary Ellen Corbin Webb Corbin Cecil Puryear 2:27 P. M. CITY COUNCIL WORK SESSION CONVENED City Council Chambers (5.) Discussion of dates for budget review and Community Development hearing by Bob Cass, City Manager. 2:33 P. M. COUNCIL RECESSED 2:53 P. M. COUNCIL RECONVENED (6.) Presentation of Second Quarter 1997-98 Financial Update Revised Budget for Fiscal Year 1997-98 by Anna Mosqueda, Director of Finance. ( 7.) Discussion of Residential Permit Parking Program by Jere Hart, City Traffic Engineer. 3:25 P M. COUNCIL ADJOURNED n There being no further business to come before Council, Councilmember Nelson made a motion to adjourn; Councilmember Cooke seconded the motion. Motion carried: 7 Yeas, 0 Nays. WINDY S ON, MAYOR 1, City Secretary Read and approved this 14O - day of 1998. WINDY siT ON, MAYOR 289