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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/11/1999CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING March 11, 1999 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 11th day of March, 1999, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:30 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tern Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, and Councilmember David Nelson CITIZEN COMMENTS Three citizens expressed comments to the Council. They were: Don Boatman, Irasema Velasquez, and Judy Jackson. Following comments by the first two citizens, Council recessed to Executive Session at 7:36 a. in. Judy Jackson later appeared to address the Council, and Council reconvened at 7:57 a. in. Following her comments, Council again recessed to Executive Session at 8:15 a. in. EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager); pending or contemplated litigation (Police Department; Transportation); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Water Utilities). 7:36 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room Councilmember Patterson arrived at 8:15 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 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; Transportation). ( 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: Keep Lubbock Beautiful Advisory Committee Neighborhood Redevelopment Commission Regular City Council Meeting March 11, 1999 Page 160 ( 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 (Water Utilities). 9:44 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 Councilmember Cooke was absent for Item No. 5; Mayor Sitton was absent for Item No. 6. ( 5.) Presentation of final recommendations concerning the Municipal Sports Task Force by Dr. John Cobb, Chair. ( 6.) Presentation on the Community Development Department's Procedures for Delinquent and Defaulted Loans by Doug Goodman, Director of Health and Community Services. 10:48 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tern Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City Secretary Absent: None Mayor Sitton called the meeting to order at 10:48 A. M. ( 7.) Reverend Renae Phillips of the Metropolitan Community Church gave the invocation. ( 8.) Pledge of Allegiance was given in unison by those in the City Council Chambers. CITIZEN APPEARANCES ( 9.) Presentation of a Special Recognition to "Go For It!" Roadshow for sponsoring a free educational field trip promoting education, fitness and nutrition while teaching about the dangers of drugs, violence and gangs. The "Go For It!" Roadshow is a non-profit organization that provides an educational, interactive, multimedia field trip free of charge to students throughout the South Plains. The show itself promotes the importance of education, nutrition, and fitness while teaching about the dangers of drugs, violence, and gangs. Professional and Olympic athletes host the show and interact with the students, challenging them to set goals, stay in school, and dare to be champions. The "Go For It!" Roadshow will be in the Lubbock Municipal Coliseum April 6, 7, and 8, 1999. The "Go For It!" Roadshow is sponsored by Coca-Cola, Travelers Group, and HEALTHSOUTH Corporation. Mr. Mickey Rogers from the HEALTHSOUTH Sports Medicine and Rehabilitation Center in Lubbock was present on behalf of the "Go For It!" Roadshow to accept the Special Recognition. "Coll] Regular City Council Meeting March 11, 1999 Page 161 This Special Recognition was given in recognition of this event's efforts to promote the health and welfare of young people in Lubbock and on the South Plains. (10.) Presentation of a request by the Lubbock Arts Alliance to construct a Memorial to C.B. "Stubb" Stubblefield by Deborah Milosevich. Stubb opened his first restaurant in 1968 with only a jukebox filled with vintage blues music. His good cooking and hospitality were fundamental to Stubb's success. When he began featuring live performances, the small stucco building on East Broadway quickly became the center of Lubbock's rich musical community. The list of musicians that graced Stubb's stage reads like a "Who's Who" in West Texas music: Joe Ely, Jimmie Dale Gilmore, Butch Hancock, Jesse Taylor, the Maines Brothers Band, Tommy Hancock, and Terry Allen. Musicians from outside the area were drawn there as well, including Willie Nelson, Stevie Ray Vaughan, Johnny Cash, Hank Snow, Roy Acuff, Muddy Waters, John Lee Hooker, Robert Cray, the Fabulous Thunderbirds, and George Thorogood, among others. Stubb's Bar-B-Q was the focal point of the West Texas music scene for almost twenty years. Additional information regarding Mr. Stubblefield was included in Council back-up material. To commemorate Mr. Stubblefield's contribution to Lubbock and West Texas and his influence across the state and beyond, the Lubbock Arts Alliance (LAA) is requesting $23,765 to complete their fundraising efforts to construct the Stubbs Memorial. The funds that are being requested will go toward site preparation, lighting, irrigation, fencing, and landscaping. The construction of the Stubbs memorial will take place at 108 East Broadway. Several milestones have been achieved by LAA to arrive at this request. First, the 108 East Broadway property was donated to the LAA by Martin and McFarland Inc. (d/b/a Martin Outdoor Advertising). The Arts Alliance has secured donations totaling $46,000 and has also obtained a commitment from the County to maintain the site by providing general site maintenance and litter control. Terry Allen, a local artist, will be donating his time to the memorial by constructing a seven -foot statue of Mr. Stubblefield. If approved, the $23,765 from the City of Lubbock will make this project a reality and see the memorial constructed by September 1999. This is a one time request and will not include operational and maintenance costs to the City of Lubbock. Since this project is related to art and since it will memorialize a significant local figure and potentially attract visitors when coupled with other projects in the area like the Windmill Power Center, staff recommended that Council utilize reserve funds from the hotel/motel tax. The tourism reserve fund is dedicated toward special projects or unanticipated events that can only be allotted with Council approval. There is $153,000 uncommitted in the tourism reserve fund. Deborah Milosevich of the Lubbock Arts Alliance and Lloyd Turner, President of Orlando's and the Caprock Cafe, gave presentations. Council instructed staff to prepare appropriate legal documents to enter into an agreement with the Lubbock Arts Alliance to construct the Stubbs Memorial. 161 Regular City Council Meeting March 11, 1999 Page 162 Jim Gomez appeared representing the Viva Aztlan Dance Festival and invited all interested persons to attend the fifth annual festival to be held on March 19 and 20. CONSENT AGENDA (Items No. 11, 13-15, 17, 19-28) Motion was made by Councilmember McDougal, seconded by Councilmember Ince to approve all items on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (11.) Approval of the minutes of the Regular City Council Meeting of February 25, 1999. (12.) Ordinance No. 10143 - Amending Chapter 24 of the Code of Ordinances of the City of Lubbock to provide the City authority to abate nuisances caused by defective sidewalks, driveways, etc. (second and final reading). ORDINANCE NO. 10143 AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS WITH REGARD TO DEFECTIVE SIDEWALKS, DRIVEWAYS, ETC. - NUISANCE DECLARED; DUTY OF ABUTTING OWNER TO REPAIR GENERALLY; ABATEMENT BY CITY; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This item was moved from consent to regular agenda and was considered following Item No. 28. Doug Goodman, Director of Health and Community Services, and Amy Sims, Assistant City Attorney, presented staff comments. Following discussion, Councilmember Patterson called for the question. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass on second and final reading Ordinance No. 10143 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (13.) Ordinance No. 10144 - Abandoning and closing a portion of North Quinton Avenue and a portion of Jarvis Street in the Depauw- McLarty Addition to the City of Lubbock (4410 Jarvis Street) (second and final reading). ORDINANCE NO. 10144 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF NORTH QUINTON AVENUE AND A PORTION OF JARVIS STREET IN THE DEPAUW- MCLARTY ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, ALL OF WHICH ARE 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. (14.) Resolution No. 6221 authorizing the Mayor to execute a street -use license with Equillon Enterprises, L.L.C. for an underground pipeline (2815 Slide Road). 162 Regular City Council Meeting March 11, 1999 Page 163 RESOLUTION NO. 6221 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License with associated documents with Equillon Enterprises, L.L.C. for an underground pipeline. 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 11th day of March, 1999. /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 Street -Use License is filed with Resolution No. 6221. This street -use license allows Equillon Enterprise, L.L.C.'s environmental service company, Southwest Geological and Environmental Services, Inc., to install and underground pipeline in the 90-foot street right-of-way of Slide Road. The purpose is to connect five monitor wells and extraction wells that are located on the former service station across the street from Equillon's property to monitor wells on their property. The Texaco Service Station owned by Equillon at the northeast corner of 29th Drive and Slide Road has been identified by the TNRCC as having an underground leaking fuel storage tank and remedial work is required. Monitor wells have been installed and this underground pipeline will connect the five wells across the street at the Phillips Service Station. This license will be for twenty years, payable every five years in advance, and the yearly minimum fee of $50 will be charged. The Right -of -Way Department recommended the approval of this street - use license. (15.) Resolution No. 6222 authorizing the Mayor to execute a street -use license with Bolton Oil Company for an underground pipeline (2116 50th Street). 163 Regular City Council Meeting March 11, 1999 Page 164 RESOLUTION NO. 6222 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street Use License with associated documents with Bolton Oil Company for an underground pipeline. 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 11th day of March, 1999. /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/ Amy Sims for Linda Chamales Linda L. Chamales, Supervising Attorney, Office Practice A copy of the Street -Use License is filed with Resolution No. 6222. This street -use license allows Bolton Oil Company's environmental service company, Southwest Geological and Environmental Services, Inc., to install an underground pipeline in the 120-foot street right-of- way of 50th Street. The purpose is to connect two monitor wells that are located on the property across the street from Bolton Oil Company's property to monitor wells on their property. The Shamrock Service Station owned by Bolton Oil Company on the north side of 50th Street west of Avenue U has been identified by the TNRCC as having an underground leaking fuel storage tank and remedial work is required. Monitor wells have been installed and this underground pipeline will connect the two monitor wells across the street. This license will be for twenty years, payable every five years in advance, and the yearly minimum fee of $50 will be charged. The Right of Way Department recommended the approval of this street - use license. (16.) Consider a resolution to approve a new standard rental contract and revised Operating Policies and Procedures for leasing the Civic Center and Auditorium -Coliseum facilities. This item was deleted. 164 Regular City Council Meeting March 11, 1999 Page 165 (17.) Resolution No. 6223 authorizing the Mayor to execute the necessary application documents and subsequent amendments with the Texas State Library and Archives Commission to support the Lubbock City -County Library with a new TSLAC Grant. RESOLUTION NO. 6223 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 any and all documents related to the Texas State Library and Archives Commission (TSLAC) to support the Lubbock City -County Library with a new TSLAC Grant, attached herewith, by and between the City of Lubbock and the Texas State Library and Archives Commission, and any associated documents, 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 11th day of March, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Jeff Rippel Jeff Rippel, Library Director APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney Copies of all Grant Documents are filed with Resolution No. 6223. This project is designed to be a cooperative endeavor between the Lubbock City -County Library (LCCL), the Lubbock Independent School District (LISD), the Lubbock Area Coalition for Literacy (LACFL), which is housed in Mahon Library, the Retired Senior Volunteer Program (RSVP), and KTXT-TV (local PBS station). The project also meets criteria of the Strategic Youth Plan for the City of Lubbock. LCCL currently has children's storytimes at all four library locations in the four quadrants of the City. Taking these storytimes to the kindergartens at the Title I Elementary Schools will reach many families who are not presently library users and do not know what kinds of programming the library has to offer. LISD Title I schools currently have a "Brown Bag Day" for elementary schools in which families bring their lunch and eat with their children, while teachers give programs on learning activities to do at home and encourage parental involvement. The Coalition has a Family Reading Program which increases family literacy, encourages parental involvement in their children's education, and encourages parents to 165 Regular City Council Meeting March 11, 1999 Page 166 continue their own educational goals. Bringing the LISD Brown Bag program, children's storytimes, and the Family Reading Program together will increase family literacy while it acquaints family members with public library programming and the child's school. Families from the 22 Title I schools will attend a library tour at one of the four locations, receive packets with information about all the library programs, be given the opportunity to get a library card and check out books, and become a future library user. In addition, the librarians will conduct story hours for all kindergarten children at the Title I schools and give each child a free book. This program will reach 660 parents and children who tour the library and 1,120 students at kindergarten storytimes. This program will be fully funded by the State of Texas, and in -kind services offered by LISD. The City has no responsibility or obligation in the event that funds are not appropriated or provided. The City of Lubbock will receive compensation of 9.03 % of direct charges to reimburse the cost of fiscal administration of the grant. This new grant, if received, will be for approximately $27,839. Staff recommended that the Mayor be authorized to execute the necessary contract documents provided in the resolution document and associated documents with the Texas State Library. (18.) Resolution No. 6228 authorizing the Mayor to execute a contract between Southwest Medical IPA and the City of Lubbock to provide a preferred physician network. RESOLUTION NO. 6228 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 to provide a preferred physician network, by and between the City of Lubbock and Southwest Medical IPA, 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 1lth day of March, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews, Director of Human Resources APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney 166 Regular City Council Meeting March 11, 1999 Page 167 A copy of the Contract is filed with Resolution No. 6228. This item was moved from consent to regular agenda and was considered following Item No. 12. Southwest Medical IPA is a group of independent physicians who have agreed to provide medical services at a discounted rate. The IPA is one of three physician groups who provide this service for the City of Lubbock. Covenant Health Systems and University Medical Center provide the other two physicians networks. UMC's network includes the Texas Tech Health Science's Center physicians. An arrangement with the IPA provides a certain percent off billed charges for medical services. The discount off billed charges reduces the liability to the health insurance fund and employee out-of-pocket expenses. IPA also provides the City employees with a broader choice of physicians and specialists. The contract will be for a one-year period with the option to renew for two additional one-year periods. The contract has several extremely lengthy exhibits that were not included in Council's agenda backup. Mary Andrews, Director of Human Resources, presented staff comments. Staff recommended signing a contract with the Southwest Medical IPA to provide discounted rates of physician services. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to pass Resolution No. 6228 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. (19.) Resolution No. 6224/Bid #98303--Lubbock Power & Light Tree Trimming, Annual Pricing (Electric Distribution) RESOLUTION NO. 6224 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and Asplundh Tree Expert Company to perform tree trimming services. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. 167 Regular City Council Meeting March 11, 1999 Page 168 Passed by City Council this 1lth day of March, 1999. /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/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Agreement is filed with Resolution No. 6224. This bid establishes annual pricing to furnish all supervision, labor, tools, transportation, equipment, and materials necessary to trim and/or remove trees interfering with LP&L's electric power lines. The contractor will cut and/or chemically treat brush, weeds, and undergrowth on LP&L's right -of- ways or substation areas and will properly dispose of the debris resulting from such work. Keeping tree growth out of high voltage power lines is a high priority due to electrical reliability issues and safety concerns. The LP&L Electric Distribution -Special Projects budget amount is $221,700. The low bid is $152,902.40 from Asplundh Tree Expert Company of Lubbock, Texas. (20.) Bid #98304--Broadway Streetscape Lighting (Electric Distribution) This bid is for the purchase of light poles, light fixtures, mounting arms and brackets for use on several City of Lubbock capital projects. These projects include: • LP&L Street Lighting capital project to install new street lights on Broadway from University to MLK; • City of Lubbock Broadway Streetscape capital project to provide pedestrian walkway lights; and • City of Lubbock Depot District capital project to provide pedestrian walkway lights. The Broadway Streetscape Lighting and Depot District Streetscape Lighting budget amount is $210,000. The low bids are from the following companies: wo Regular City Council Meeting March 11, 1999 Page 169 Stress Crete, Inc. of Arlington, TX $ 95,375.00 PEMCO Lighting Products, Inc. of Wilmington, DE 61,705.21 Ameron International Corporation of Ventura, CA 39,560.00 WESCO Distributing, Inc. of Amarillo, TX 3,000.00 $199, 640.21 (21.) Bid #99004--Janitorial Paper Supplies, Annual Pricing (Central Warehouse) This bid establishes annual pricing for a variety of janitorial paper goods including tissue, cups, and hand towels which are used in various municipal buildings. These items will be charged to various cleaning supply accounts throughout the year. The low bids are from the following companies: Allied Supply Company of Wilmington, DE $59,162.40 Mayfield Paper, Inc. of Lubbock, TX 13,378.00 Xpedx of Lubbock, TX 1,495.77 Gulf Coast Paper Company of Lubbock, TX 602.25 Industrial Maintenance & Supply of Wolfforth, TX 514.21 (22.) Bid #99005--Light Standards & Bracket Arms (Central Warehouse) This bid is for light standards and bracket arms used to replace damaged streetlights along Loop 289. These items are Central Warehouse inventory stock. The Street Lighting Loop 289 Damage budget amount is $31,000. The low bid is $29,961 from Marsh Electrical Supply Company, Inc. of Plainview, Texas. (23.) Bid #99010--Brick Modular Pavers (Street Drainage Engineering) This is for the purchase of brick pavers to be used for the Depot District Project. The brick will be used to renovate existing pedestrian routes, rejuvenate some of the ambiance of the district, and define the limits of the district. The Street System Improvements budget amount for this item is $70,000. The low bid is $66,300 from Acme Brick Company of Lubbock, Texas. (24.) Bid #99013--Electrical Cable (Central Warehouse) This bid is for the purchase of 600V and 15kV underground cables that will provide primary and secondary electric service to various projects. These projects include new subdivisions, new commercial projects, and maintenance of existing systems. The cables are Central Warehouse inventory items and will be charged to various capital projects and operating accounts. Cummins Utility Supply of Amarillo submitted the low bid for line item two. However, this bidder's 84-day lead time was unacceptable due to project scheduling. Therefore, staff recommended award of this item to the next low bid with a 27-day lead time. 169 Regular City Council Meeting March 11, 1999 Page 170 The low bids are from the following companies: Cummins Utility Supply of Amarillo, TX $74,321 Techline, Inc. of Amarillo, TX 38,000 Temple, Inc. of Lubbock, TX 10,785 (25.) Bid #99019--Deciduous and Evergreen Trees, Six -Month Pricing (Park Maintenance) This bid is for the purchase of 386 trees to be planted at various park sites, street medians, and city facilities. Twelve different deciduous and evergreen varieties were specified. The trees will replace aging trees, add additional shade or windbreak plantings, and add color and enhance landscape aesthetics of areas maintained by the Parks Department. The Park Maintenance -Tree Planting budget is $60,000. The low bids are from the following companies: Jenco Wholesale Nurseries of Lubbock, TX $35,535 Tom's Tree Place of Lubbock, TX 12,204 (26.) Resolution No. 6225/Bid #99032--J. R. Massengale Plant Piping Insulation (Electric Production) RESOLUTION NO. 6225 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 J. R. Massengale Plant - Piping Insulation, by and between the City of Lubbock and Asbestos Removal, Inc., of Odessa, Texas and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 1lth day of March, 1999. /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, Competition and Contracts Manager/Attorney 170 Regular City Council Meeting March 11, 1999 Page 171 CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 11th day of March, 1999, 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 #99032 - J. R. MASSENGALE PLANT, PIPING INSULATION - $89,434.00 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/ Joel Beesinger 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/ Scott Edge PRINTED NAME: Scott Edge TITLE: Vice President COMPLETE ADDRESS: Asbestos Removal, Inc. P. O. Box 13508 Odessa, Texas 79768 171 Regular City Council Meeting March 11, 1999 Page 172 This project involves the replacement of asbestos insulation that was removed at the J. R. Massengale Plant, due to the condition of the insulation and environmental concerns. The LP&L Electric Production Maintenance budget is $90,000. The West Texas Municipal Power Agency will reimburse Lubbock Power & Light for the replacement of insulation on Unit #6 and #7 in the amount of $58,870. The low bid is $89,434 from Asbestos Removal, Inc. of Odessa, Texas. (27.) Resolution No. 6226/Bid #99034--1999 Thoroughfare Street Maintenance Program (Street Department) RESOLUTION NO. 6226 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 contract with associated documents for and on behalf of the City of Lubbock with Ronald R. Wagner & Company, Inc. of Spring Branch, Texas to install and furnish all materials and services as bid for the 1999 Thoroughfare Street Maintenance Program. Said Agreements are included in the minutes of the Council. Passed by City Council this 11th day of March, 1999. /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, Competition and Contracts Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this llth day of March, 1999, 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 Ronald R. Wagner & Co., Inc., of the City of Spring Branch, County of Comal, and the State of Texas, herein termed CONTRACTOR. 172 Regular City Council Meeting March 11, 1999 Page 173 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 #99034 - 1999 THOROUGHFARE STREET MAINTENANCE PROGRAM-$828,537.60 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/ Don Jennings 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: Ronald R. Wagner & Co., Inc. By: /s/ Ronald R. Wagner PRINTED NAME: Ronald R. Wagner TITLE: President COMPLETE ADDRESS: Ronald R. Wagner & Co., Inc. 1671 Overbrook Spring Branch, Texas 78070 This bid is for patching, single course seal coating, and two course seal coating on selected thoroughfare and collector streets throughout the City. Single course coating is designed for preventative maintenance and two course coating is designed for rehabilitative maintenance. Patching items include replacing failed areas on selected streets or installing new valley gutters to smooth some dip areas. The Permanent Street Maintenance Fund budget amount for this item is $830,000. The low bid is $828,537.60 from Ronald R. Wagner & Company, Inc. of Spring Branch, Texas. 173 Regular City Council Meeting March 11, 1999 Page 174 (28.) Resolution No. 6227/Bid #99035--1999 Residential Street Maintenance Program (Street Department) RESOLUTION NO. 6227 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 1999 Residential Street Maintenance Program, by and between the City of Lubbock and Keystone Construction, Inc., of Austin, Texas and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 1lth day of March, 1999. /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, Competition and Contracts Manager/Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 11th day of March, 1999, 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 Keystone Construction, Inc., of the City of Austin, County of Travis, 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 #99035 - 1999 RESIDENTIAL STREET MAINTENANCE PROGRAM-$880.971.35 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. 174 Regular City Council Meeting March 11, 1999 Page 175 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/ Don Jennings Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary /s/ Irene S. Haralson CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Keystone Construction, Inc. : /s/ Joe D. Haralson PRINTED NAME: Joe D. Haralson TITLE: President COMPLETE ADDRESS: Keystone Construction, Inc. P.O. Box 160938 Austin, Texas 78716-0938 This bid is for patching, single course seal coating, and two course seal coating on selected residential streets throughout the City. Single course coating is designed for preventative maintenance and two course coating is designed for rehabilitative maintenance. Patching items include replacing failed areas on selected streets or installing new valley gutters to smooth some dip areas. The Permanent Street Maintenance Fund budget amount for this item is $890,000. The low bid is $880,971.35 from Keystone Construction, Inc. of Austin, Texas. West Texas Paving of Lubbock, Texas will perform the work. Staff recommended award of each bid to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions. REGULAR AGENDA SECOND READING ORDINANCES (29.) Ordinance No. 10145 - Zone Case No. 1784-C (south of 5th Street between Vicksburg and Toledo): Request of David R. Miller (for McDougal Construction) for zoning change from R-1 to R-1 Specific Use (for a reduced front setback) on Lots 29 through 41, Renaissance Park Addition (second and final reading). 175 Regular City Council Meeting March 11, 1999 Page 176 ORDINANCE NO. 10145 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1784-C; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING ON LOTS 29 THROUGH 41, RENAISSANCE PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. This item was considered following Item No. 18. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on second and final reading Ordinance No. 10145 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember McDougal and Councilmember Nelson recused themselves. STRATEGIC PLANNING (30.) Consider an ordinance amending Chapter 1 of the Code of Ordinances of the City of Lubbock, Texas, with regard to emergency notification of outages affecting the City of Lubbock by franchised utilities (first reading). Under this amendment to Chapter 1 of the Code of Ordinances, all franchised utilities serving within the City of Lubbock shall notify the City of Lubbock by the most expedient means of communication available within 30 minutes of an occurrence of any outage where more than 1,000 City residents are affected by the outage. Notification shall be made to the Public Information Office during normal business hours and to the Lubbock Police Department after hours and on weekends and holidays. Timely notification of an outage will enable the City of Lubbock public safety, emergency services personnel, and operating departments to implement the appropriate contingency plans in response to the outage. In addition, the Public Information Office will ensure the citizens affected by the outage will receive timely notification and information though the broadcast media. This advance notice will allow the citizens to protect themselves and their property from outages resulting from the loss of franchised services. Staff recommended approval of this amendment to the Code of Ordinances. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to table this item until the April 8, 1999 Council meeting. Councilmember Ince made a friendly amendment to this motion requesting that staff make a report on this ordinance and a recommendation at that time to do this administratively without an ordinance. Following discussion, Councilmember Cooke withdrew his motion. Further discussion and staff comments by Bob Cass, City Manager, followed. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to bring this item for discussion at the work session of the April 8 or April 25 Council meetings. Motion carried: 7 Yeas, 0 Nays. 176 Regular City Council Meeting March 11, 1999 Page 177 CIVIC SERVICES (31.) Resolution No. 6229 authorizing the Mayor to execute the necessary documents to permit Fore Star Golf to assign the existing "Management Contract" for the City's golf facilities. RESOLUTION NO. 6229 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 on behalf of the City of Lubbock an Estoppel Certificate and Agreement, and any associated documents, by and between the City of Lubbock, Fore Star Golf, Inc., Fore Star Golf of Lubbock, and NationsCredit Commercial Corporation, which Agreement is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 1lth day of March, 1999. /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/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Estoppel Certificate and Agreement is filed with Resolution No. 6229. Fore Star Golf (FSG) is currently developing operations and acquiring new properties in this region. Their growth will be very beneficial to the operations at Meadowbrook because of their development of "National Accounts" and special pricing through various vendors. FSG desires to separate the Management Contract with the City of Lubbock from all other FSG properties by placing it in a separate corporation. The new corporation is a single purpose entity wholly owned by FSG, Inc. This will reduce the liability exposure for FSG by protecting each asset from the other. This agreement will allow Fore Star to seek permanent financing for their properties. The original financing for Meadowbrook was done with a renewable line of credit. The time has come to establish permanent financing for the facility. In doing so, Fore Star's lender needs consent to take Fore Star's position in the Management Contract with the City in the unlikely case of default. This does not create any liability for the City nor does it obligate the City for any debt. 177 Regular City Council Meeting March 11, 1999 Page 178 The Estoppel Certificate and Agreement will permit FSG to assign its management contract to FSGL and allow FSGL to make a collateral assignment to Nations Credit in order to secure financing. Fore Star anticipated the need to convert their line of credit into a fully amortized loan when the original negotiations took place. That is why there is an assignment provision in the original contract. Tommy Gonzales, Director of Civic Services, presented staff comments. Staff recommended that the Mayor be authorized to execute the necessary documents provided in the resolution document and associated documents with FSG, Inc. Motion was made by Councilmember Cooke, seconded by Councilmember Ince to pass Resolution No. 6229 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember McDougal had stepped away from the dais. MISCELLANEOUS (32.) Resolution No. 6230 authorizing the Mayor to execute an industrial tax abatement agreement with Diamond Plastics Corporation. RESOLUTION NO. 6230 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement and all related documents by and between the City of Lubbock and Diamond Plastics Corporation, attached hereto and which shall be spread upon the minutes of the council — and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 1lth day of March, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Kevin G. Walker Kevin G. Walker Business Liaison Officer APPROVED AS TO FORM: /s/ Anita E. Burgess Anita E. Burgess, City Attorney A copy of the Agreement is filed with Resolution No. 6230. 178 Regular City Council Meeting March 11, 1999 Page 179 Staff has received a request from Diamond Plastics Corporation for industrial tax abatement in the North Enterprise Zone. Diamond Plastics intends to expand and modernize the existing plant located at 2323 Marshall Street. Diamond Plastics plans to invest a total of $2.2 million in the expansion. The breakdown will be $80,000 for the expansion of the existing facility, the remaining $2.15 million for machinery and equipment. At their February Board of Director's meeting, Market Lubbock, Inc. recommended a 5 year, 50% abatement on a declining schedule. The total amount for the City of Lubbock is $19,436 over the term of the contract. Year 1 50% $ 6,479 Year 2 40 % 5,183 Year 3 30% 3,887 Year 4 20% 2,591 Year 5 10 % 1,296 $19,436 The total for the County for this project over the life of the contract would be approximately $9,557. Diamond Plastics Corporation currently employs 69 persons at their present location and plans to increase employment by five persons with the new expansion. The payroll generated by the new jobs is approximately $200,000 (including benefits and overtime) annually. The project will add $2.2 million in new value to the tax base in the North Enterprise Zone and will result in the creation of five new jobs. Under the current guidelines, Diamond Plastics Corporation is eligible and meets all the criteria for tax abatement. David Sharp, President of Market Lubbock, Inc., presented comments. Staff recommended approval of the tax abatement in accordance with the recommendation of Market Lubbock, Inc. for a period of five years with a declining schedule beginning with 50% and declining by 10 % each year. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass Resolution No. 6230 as recommended by staff. Motion carried: 7 Yeas, 0 Nays. BOARD APPOINTMENTS (33.) Consider one appointment to the Lubbock Educational Facilities Authority, Inc. Board. R. C. Douglas was appointed at the February 25 Council meeting, but declined the appointment. He had previously resigned from the Health Facilities Development Corporation Board of Directors, and in January was replaced on that board by Dee Silva. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Dee Silva to the Lubbock Educational Facilities Authority, Inc. Board. Motion carried: 7 Yeas, 0 Nays. 179 Regular City Council Meeting March 11, 1999 Page 180 (34.) Consider seventeen appointments to the Community Relations Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Sharon Bass, Bonner Bennett, Paula Finney, Paul Florez, Charles Johnson, Ronda Langston, Juan Manias, Velma Medina, Hector Molina, Carmyn Morrow, Harley Oberhelman, Palmira Perea-Hay, Ruben Reyes, McKinley Shepherd, Cara Speer, Gail Tutino, and Wilma Wright to the Community Relations Commission. Motion carried: 7 Yeas, 0 Nays. (35.) Consider nine appointments to the Keep Lubbock Beautiful Advisory Committee. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Cleve Haley, Larry Lowe Karen Malouf, Penny Mason, Winona Cope, Mia Diekemper, Evelyn Lehman, Sondi Mateja, and Kerry Miller to the Keep Lubbock Beautiful Advisory Committee. Motion carried: 7 Yeas, 0 Nays. (36.) Consider three appointments to the Neighborhood Redevelopment Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Arthur Norman, Gary McKay, and Melba Richards to the Neighborhood Redevelopment Commission. Motion carried: 7 Yeas, 0 Nays. 11:38 A. M. COUNCIL RECESSED TO EXECUTIVE SESSION 1:46 P. M. COUNCIL RECONVENED 1:46 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Nelson made a motion to adjourn; Councilmember McDougal seconded the motion. Motion carried: 3 Yeas, 0 Nays. Motion carried with the majority of remaining Council present at adjournment: Councilmembers Ince, McDougal, and Nelson. *lWf SIT N, MA OR Darnell, City Secretary Read and approved this VI/ day of , 1999. WINDY O , MAYOR ATTEST: Kaythi arnell, City Secretary 10