Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 9/9/1999CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING September 9, 1999 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 9th day of September, 1999, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:32 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: All councilmembers were present. CITIZEN COMMENTS Two citizens expressed comments to the Council. They were: Dr. H. E. Cone; and Katherine Noles. EXECUTIVE SESSION Mayor Sitton stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager; City Secretary); and pending or contemplated litigation (Police Department; Right -of -Way; Stormwater Utility; Streets Engineering). 7:46 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; City Secretary). (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; Right -of -Way; Stormwater Utility; Streets Engineering). 9:40 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 All councilmembers were present. (3.) Video presentation regarding activities in the Parks and Recreation Department by Phyllis Jones, Parks and Recreation Board Vice Chair. It is the responsibility of the Parks and Recreation Board to oversee the prudent and proper use of the city's parks and facilities. A video about the Parks and Recreation department was prepared that reflects facilities, activities and programs the department provides. The Parks and Recreation department is involved in sustaining and actively enhancing the livability, or quality of life, in Lubbock. The department's goal is to provide the very best of natural, educational, Regular City Council Meeting September 9, 1999 Page 164 social, cultural and economic environments in which to live, work and recreate. The city has a park system including greenbelts, pathways, hiking trails, and large urban recreational/open spaces that reflect diverse interest, traditions and personalities of the City's residents. Attractions dedicated to the provision of services for residents and visitors to Lubbock include large celebrations, unique attractions, and active and passive recreation activities. The department facilitates and provides programs for a wide variety of customers from the youth of our community to the Senior Citizens. Municipal Parks and Recreation services are recognized to be important factors when evaluating the quality of life in a community. City leaders long ago recognized that a quality parks and recreation system added to the value of a community. Developed parks and natural open spaces, leisure services, historic sites, recreation facilities, supportive community services, artistic endeavors, and community events are a necessity for a balanced vital community. This video speaks to the direct link between the overall quality of life in Lubbock and the City's commitment of providing diverse opportunities for all residents to pursue their lifelong need for recreation. The video will be available for presentations to civic groups, schools, visitors, prospective clients and businesses. Floyd Stumbo was not able to attend, so Phyllis Jones, Vice Chair, made the presentation in his place. ( 4.) Presentation on upcoming Fiestas del Llano celebration by Victor Hernandez, Executive Director of Fiestas del Llano. As newly appointed Executive Director of Fiestas del Llano, Victor Hernandez requested to make a presentation to the City Council on this annual community wide celebration. This year's Fiestas celebration will take place at the Civic Center, September 15th through 19th. Fiestas originated in celebrating Mexico's independence from Spain in 1821. Victor Hernandez made this presentation on behalf of Fiestas del Llano and presented complimentary T-shirts to the Council. 10:32 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Max Ince, Councilmember Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Marc McDougal, Councilmember David Nelson, Councilmember T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Kaythie Darnell, City Secretary Absent: None Mayor Sitton called the meeting to order at 10:32 A. M. (5.) Dan Rouse, Pulpit Minister of Sunset Church of Christ gave the invocation. ( 6.) Pledge of Allegiance was given in unison by those in the City Council Chambers. 164 Regular City Council Meeting September 9, 1999 Page 165 BOARD APPOINTMENTS RECOGNITION Libraries Board Receiving: Sharon Williams Market Lubbock, Inc. Receiving: Delbert McDougal (unable to attend) John Montford Calvin Williams Planning and Zoning Commission Receiving: Linda Middleton (unable to attend) Youth Commission Receiving: Isaac Garnett Kay Gilmour Judy Mayfield Fred Ortiz Carolyn Simpson Larry Wilson Zoning Board of Adjustment Receiving: Jim Gilbreath CITIZEN APPEARANCES ( 7.) Presentation of Special Recognition Certificates to the Miss Fiestas del Llano Scholarship pageant contestants. The Miss Fiestas del Llano Scholarship Pageant competition exists for the purpose of providing personal and professional opportunities for young Hispanic women and promoting their voice in culture, politics and community. The competition was begun by a group of civic -minded citizens concerned about higher education. The first Miss Fiestas del Llano Scholarship Pageant has evolved into what is recognized today as one of the best -organized and well -managed local pageants geared towards the Hispanic culture. The Miss Fiestas del Llano competition provides a local forum for today's young women to express their viewpoints, talents and accomplishments to Lubbock audiences the evening of the pageant and to the public at large during the ensuing year. Almost all of the contestants are in the process of earning college or high school diplomas, and they will be able to utilize Miss Fiestas del Llano scholarship awards for furthering their education. Once chosen, Miss Fiestas del Llano and the runners-up become representatives of their generation, using their stature to address community and service matters and other contemporary issues, which are of particular relevance to young Hispanics and women. The Miss Fiestas del Llano Scholarship Pageant has a record number of contestants in the pageant, and the pageant is providing the most scholarships in its history. Christy Martinez of the City of Lubbock Public Information staff and Miss Fiestas del Llano Pageant Director/Chair introduced the following pageant contestants who were in attendance: Brook Chavez, Barbara Morales, Rachel Fonseca, Noelia Solis, Valerie Aguirre, Penny Martinez, and Alma Hernandez. 165 Regular City Council Meeting September 9, 1999 Page 166 ( 8.) A representative of the Interdenominational Ministerial Alliance appeared to present a petition relating to representation of the City in legal matters. This item was placed on the Council agenda in compliance with relevant Council rules. Reverend D. A. Smith, President of the Interdenominational Ministerial Alliance, appeared to present a resolution from the ministerial alliance. Also present representing the alliance were Reverend J. Jerome Johnson of Mt. Gilead Baptist Church, Secretary of the Interdenominational Ministerial Alliance; Pastor Norris Harris of the New Zion Baptist Church; and Abraham Spires, Liaison for the Interdenominational Ministerial Alliance. Anita Burgess, City Attorney, made comments addressing this matter. CONSENT AGENDA (Items No. 9 - 27, 29 - 32) Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to approve all items on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez was away from the dais. (9.) Approval of the minutes of the Regular City Council Meeting of August 26, 1999. (10). Ordinance No. 10187 - Zone Case No. 2810 (918 Zenith): Request of Joe McWilliams (for Precious Steps) for a zoning change from R-1 to A-2 limited to a daycare on Lots 22 24, Block 6, CD Elliston Addition (second and final reading). ORDINANCE NO. 10187 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2810; A ZONING CHANGE FROM R-1 TO A-2 ZONING LIMITED TO A DAYCARE ON LOTS 22-24, BLOCK 6, CD ELLISTON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (11.) Ordinance No. 10188 - Zone Case No. 2822-A (201 University): Request of Lubbock Heritage Society for a zoning change from M-1 Specific Use to M-1 Specific Use (DR zoning on Lots 1, 2 and 3, Block 1, Tew Addition; designating a landmark thereon; and adding an amendment to Ordinance 10089 on Lots 1-13, Block 1, Tew Subdivision, Lots 7 and 18, Block 1, Perkins Subdivision, Lots 7-12 and Lots 25-26, Block 4, Perkins Subdivision and Tract A, Bell Dairy Addition (second and final reading). 166 Regular City Council Meeting September 9, 1999 Page 167 ORDINANCE NO. 10188 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2822-A; A ZONING CHANGE FROM M-1 SPECIFIC USE TO M-1 SPECIFIC USE (DH) ZONING ON LOTS 1, 2 AND 3, BLOCK 1, TEW ADDITION; DESIGNATING A LANDMARK THEREON; AND ADDING AN AMENDMENT TO ORDINANCE 10089 ON LOTS 1-13, BLOCK 1, TEW ADDITION; LOTS 7 AND 18, BLOCK 1, PERKINS SUBDIVISION, LOTS 7- 12 AND LOTS 25 AND 26, BLOCK 4, PERKINS SUBDIVISION, AND TRACT A, BELL DAIRY, LUBBOCK, TEXAS, PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (12.) Ordinance No. 10189 - Zone Case No. 2081-C (south of 4th Street and west of Frankford Avenue): Request of JK Partners for a zoning change from C-3 to C4 Specific Use for mini warehouses/ automatic car wash on Tract F, Crow's Nest Addition (second and final reading). ORDINANCE NO. 10189 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2081-C; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE FOR MINI WAREHOUSES/AUTOMATIC CAR WASH ZONING ON TRACT F, CROW'S NEST ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (13.) Ordinance No. 10190 - Zone Case No. 2850 (north of Purdue and west of University): Request of Fred Nixon (for Primitive Baptist Church) for a zoning change from R-1 to A-2 limited to church and church related uses on a portion of land out of Section 2, Block D4 (second and final reading). ORDINANCE NO. 10190 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2850; A ZONING CHANGE FROM R-1 TO A-2 ZONING LIMITED TO CHURCH USES ZONING ON A PORTION OF LAND OUT OF SECTION 2, BLOCK D-4, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (14.) Ordinance No. 10191 - Zone Case No. 2851 (south of 98th Street and east of Frankford Avenue): Request of Hugo Reed and Associates (for Fr. Eugene Driscoll with the Holy Spirit Parish) for a zoning change from R-1/T to A-2 limited to church and church related uses on 12.479 acres of land out of the northwest quarter of Section 25, Block E-2 (second and final reading). 167 Regular City Council Meeting September 9, 1999 Page 168 ORDINANCE NO. 10191 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2851; A ZONING CHANGE FROM R-1/T TO A-2 ZONING LIMITED TO CHURCH RELATED USES ON 12.479 ACRES OF LAND OUT OF THE NORTHWEST QUARTER OF SECTION 25, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (15.) Ordinance No. 10192 - Zone Case No. 2127-E (7705 Quaker Avenue): Request of James H. Dirks (for Nunn Electric Supply Co.) for a zoning change from C-2A Specific Use to C-2 on Tract D-2-A, Kings Park Addition (second and final reading). ORDINANCE NO. 10192 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2127-E; A ZONING CHANGE FROM C-2A SPECIFIC USE TO C-2 ZONING ON TRACT D-2-A, KINGS PARK ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (16.) Ordinance No. 10194 abandoning and closing a temporary construction and overhead electrical easement in Section L8, Block E-2, Lubbock County, Texas (5202 Chicago Avenue) (first reading). ORDINANCE NO. 10194 AN ORDINANCE ABANDONING AND CLOSING A TEMPORARY CONSTRUCTION AND OVERHEAD ELECTRICAL EASEMENT RECORDED IN VOLUME 5253, PAGE 51 OF THE OFFICIAL REAL PROPERTY RECORDS OF LUBBOCK COUNTY AND LOCATED IN SECTION 28, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. In August of 1996, H. A. Sessions dedicated a temporary construction and overhead electrical easement in what became the west portion of Chicago Avenue from 50th Street southward to 54th Street. Chicago Avenue has now been fully dedicated and this temporary electrical easement being closed is no longer needed since LP&L's electrical facilities are situated in the west right-of-way of Chicago Avenue. The Right -of -Way Department recommended the approval of the first reading of this ordinance. (17.) Resolution No. 6488 authorizing the Right -of -Way Department to make an offer to Lovelle G. Owens for a 50-foot drainage easement located in Section 9, Block E, Lubbock County, Texas for the 82nd Street widening project, I-27 to Avenue U (1901 82nd Street). Regular City Council Meeting September 9, 1999 Page 169 RESOLUTION NO. 6488 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal and public use and purposes, to -wit: for the 82nd Street Widening Project, I-27 to Avenue U, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the permanent drainage easement to the following described parcel of land located in Lubbock County, Texas be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO. OWNER'S NAME AMOUNT S-lE Lovelle G. Owens $15,900 SECTION 2. THAT the above -described parcel of land whose acquisition is herein authorized is more particularly described in exhibits attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the above -described parcel of land BE offered through the Right -of -Way Department of the City of Lubbock the amount hereinabove indicated for the respective parcel, which is the amount appraised as the value and total damages for the granting of permanent drainage easement, including all legal obligations attached thereto, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the easement title to any or all such parcels as hereinabove described for public purposes and municipal purposes. Passed by City Council this 9th day of September, 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 Exhibit "A" is filed with Resolution No. 6488. 169 Regular City Council Meeting September 9, 1999 Page 170 This 7,500-square-foot tract of land is located along the south side of 82nd Street between Avenue P and Avenue U and is needed for a 50-foot by 150-foot drainage easement. This easement was appraised by Tommy Cantrell, M. A. I. He appraised this 7,500-square-foot easement at $1.80 per square foot for an easement value of $13,500, and $2,400 was appraised as the damages due to the taking, for a total offer due Mrs. Owens of $15, 900. This resolution authorizes the Right of Way Department to offer the property owner this appraised amount and if refused, institute condemnation proceedings to acquire the easement. The Right -of -Way Department recommended the approval of our offer to Mrs. Owens. (18.) Resolution No. 6489 accepting paving improvements constructed by Hub City Pavers in DePauw McLarty Addition, Lots 208-A through 214-B, 219-A through 220-A, and 269-A through 276-D. RESOLUTION NO. 6489 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 208-A thru 214- B, 219-A thru 220-A and 269-A thru 276-D, De Pauw-McLarty Addition, made arrangements with Hub City Pavers, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: Jarvis Street from the West lip line of North Quaker Avenue to the East lip line of North Salem Avenue, known and designated as New Subdivision Sub -Unit Number 06 of Unit Number 2039. Stub removal South side of Kemper Street from the East end of radius at North Quinton Avenue to the West end of radius at North Quinton Avenue, known and designated as New Subdivision Sub -Unit Number 07 of Unit Number 2039. WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed, inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. 170 Regular City Council Meeting September 9, 1999 Page 171 Passed by City Council this 9th day of September, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: Jarvis Street from North Quaker Avenue to North Salem Avenue. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. (19.) Resolution No. 6490 accepting paving improvements constructed by Williams and Peters Construction Company, Inc. in Papalote South Addition, Lots 67-78. RESOLUTION NO. 6490 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 67-78, Papalote South Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: 78th Street from the East line of the alley East of Trenton Avenue to the East line of the alley East of Saratoga Avenue, known and designated as New Subdivision Sub -Unit Number 93 of Unit Number 2038. 79th Street from the cul-de-sac West of Saratoga Avenue to Saratoga Avenue, known and designated as New Subdivision Sub -Unit Number 94 of Unit Number 2038. Saratoga Avenue from the South edge of pavement of 78th Street to 79th Street, known and designated as New Subdivision Sub -Unit Number 95 of Unit Number 2038. 171 Regular City Council Meeting September 9, 1999 Page 172 WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed, inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. Passed by City Council this 9th day of September, 1999. W WINDY SITTON WINDY SITTON, MAYOR ATTEST: _/s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving on: 78th Street from the alley east of Trenton Avenue to the alley east of Saratoga Avenue; 79th Street from the cul-de-sac west of Saratoga Avenue to Saratoga Avenue; and Saratoga Avenue from 78th Street to 79th Street. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. (20.) Resolution No. 6491 accepting paving improvements constructed by Williams and Peters Construction Company, Inc. in South Pointe Addition, Lots 1-63. 172 Regular City Council Meeting September 9, 1999 Page 173 RESOLUTION NO. 6491 A RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of Chapter 25 of the City of Lubbock Code of Ordinances, the subdivider of Lots 1-63, South Pointe Addition, made arrangements with Williams & Peters Construction Company, Inc. for the construction of paving improvements on certain streets and avenues dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned Addition, including the following streets and avenues: 75th Street from the West lip line of Avenue S to the alley West of the cul-de- sac West of Sherman Avenue, known and designated as New Subdivision Sub - Unit Number 80 of Unit Number 2038. 76th Street from the West lip line of Avenue S to the East lip line of Avenue U, less the North half of 76th Street from the East lip line of Avenue U to 405.21 feet East, known and designated as New Subdivision Sub -Unit Number 81 of Unit Number 2038. East half of Avenue U from the Centerline of 76th Street to the South end of radius of the alley South of 76th, known and designated as New Subdivision Sub -Unit Number 82 of Unit Number 2038. Sherman Avenue from the South lip line of 75th Street to the North lip line of 76th Street, known and designated as New Subdivision Sub -Unit Number 83 of Unit Number 2038. Sherman Avenue from the South lip line of 76th Street to the South end of radius of the alley South of 76th Street, known and designated as New Subdivision Sub -Unit Number 84 of Unit Number 2038. West half of Avenue S from the center of the alley South of 74th Street to the South end of radius of the alley South of 76th Street, known and designated as New Subdivision Sub -Unit Number 85 of Unit Number 2038. WHEREAS, the construction of the above improvements on the above - mentioned streets and avenues was performed under the supervision of the City Engineer, and said improvements have been completed, inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of Chapter 25 of the City of Lubbock Code of Ordinances; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the improvements on said portions of the above -mentioned streets and avenues BE and the same are hereby accepted and the City Engineer is hereby authorized to notify the Developer of acceptance by the Lubbock City Council. SECTION 2. THAT this Resolution shall take effect and be in force from and after the date of its passage. 173 Regular City Council Meeting September 9, 1999 Page 174 Passed by City Council this 9th day of September, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Larry D. Hertel Larry D. Hertel, City Engineer APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney This is a routine acceptance of paving improvements required at the time of platting this new subdivision. These improvements consist of street paving and curb and gutter on: 75th Street from Avenue S to the alley west of Sherman Avenue;. 76th Street from Avenue S to Avenue U; East half of Avenue U from 76th Street to the alley south of 76th Street; Sherman Avenue from 75th Street to 76th Street; Sherman Avenue from 76th Street to the alley south of 76th Street; and West half of Avenue S from the alley south of 74th Street to the alley south of 76th Street. There is no City cost due the contractor upon this acceptance. Staff recommended acceptance of these paving improvements. (21.) Resolution No. 6492 authorizing the Mayor to execute a change order for the purchase of ten replacement buses instead of eight with Nova Bus, Inc. in regard to Contract #51905F-1004 with the Texas Department of Transportation (TxDOT). RESOLUTION NO. 6492 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 Change Order #l, Bid #98283, by and between the City of Lubbock and Nova Bus, Inc., and related documents. Said Change Order #1, Bid #98283 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. 174 Regular City Council Meeting September 9, 1999 Page 175 Passed by City Council this 9th day of September, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox Director of Transportation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of Change Order No. 1 is filed with Resolution No. 6492. On May 13, 1999 City Council authorized the purchase of eight new buses with spare parts at a total cost of $2,171, 989 (80 % Federal - 20 % Local). Since then the bus manufacturer, Nova Bus, has reduced the price of the buses by $4,280 each; and TxDOT has provided additional funding sufficient to purchase two more buses. The total cost of the ten buses with spare parts is $2,647,617 (80% Federal - 20% Local). Nova Bus will honor this reduced price until September 10, 1999. The Lubbock Public Transit Advisory Board recommended that the purchase order be increased from eight to ten buses. Acceptance of this grant will result in no additional cost to the City of Lubbock as funds have been appropriated for bus replacement. Citibus recommended the approval of the change order increasing the number of buses to ten. (22.) Resolution No. 6493 authorizing the Mayor to execute Contract No. 51005F-1004 with the Texas Department of Transportation (TxDOT) for operating assistance. RESOLUTION NO. 6493 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 State Urban Public Transportation Grant Agreement No. 51005F1004, by and between the City of Lubbock and the State of Texas, acting through the Texas Department of Transportation, and related documents. Said State Urban Pubic Transportation Grant Agreement No. 51005FI004 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. 175 Regular City Council Meeting September 9, 1999 Page 176 Passed by City Council this 9th day of September, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox Director of Transportation APPROVED AS TO FORM: /s/ William de Haas William de Haas, Competition and Contracts Manager/Attorney A copy of the Grant Agreement is filed with Resolution No. 6493. TxDOT is allocating $800,000 of public transportation funds to the City of Lubbock for operating assistance to maintain its public transportation system (Citibus) for Fiscal Year 1999-2000. The contract is effective from September 1, 1999, and will terminate on August 31, 2000. Acceptance of the amendment will result in no additional cost to the City of Lubbock. Citibus staff recommended the approval of Contract No. 51005F-1004. (23.) Resolution No. 6494 authorizing the Mayor to execute a joint funding agreement with the United States Department of the Interior - Water Resources Division of the Geological Survey. RESOLUTION NO. 6494 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 for Joint Funding for Water Resources Investigations, involving streamflow and water -quality data, such Agreement to be entered into by and between the City of Lubbock and Geological Survey of the United States Department of Interior, attached hereto and 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. 176 Regular City Council Meeting September 9, 1999 Page 177 Passed by City Council this 9th day of September, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Terry Ellerbrook Terry Ellerbrook, Managing Director of Water Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Joint Funding Agreement is filed with Resolution No. 6494. The City has participated in this agreement since the mid-1970s in order to acquire data on the quantity and quality of runoff near the Lake Alan Henry Reservoir site. This data station has received an equipment upgrade. The new equipment allows staff to look at real time water data on the Internet. The Internet address will give a station history of up to two weeks. To fund the agreement for the next fiscal year the City would be responsible for $15,250. This represents a cost increase of 6.9% from the previous year cost. The cost increase is a result of a recent evaluation of the operation, maintenance, recording, lab expenses, and publishing costs associated with this station. Budgeted salary increases for USGS Employees are also a factor in this increase. This sum would be billed to the City in October 2000. Based on the need for continuous water quality data on the inflow to Lake Alan Henry, staff recommended approval of this item, and authorization of payment of the City's share at the appropriate time. (24.) Resolution No. 6495 authorizing the Mayor to execute the necessary SFY 2000 contract documents and subsequent amendments with the Texas State Library and Archives Commission to support West Texas Library System (WTLS), the Technical Assistance Negotiated Grant (TANG) and the Interlibrary Loan Grant Program (ILL). 177 Regular City Council Meeting September 9, 1999 Page 178 RESOLUTION NO. 6495 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 Interlibrary Loan Center Grant, Library System Operation Grant and Technicai Assistance Negotiated Grant Agreements by and between the City of Lubbock and Texas State Library and Archives Commission, and all related documents. 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 City Council. Passed by City Council this 9th day of September, 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/ John M. Knight John M. Knight Assistant City Attorney A copy of the Grant is filed with Resolution No. 6495. The West Texas State Library System (WTLS) is a state funded grant program designed to improve library service programs in a 29 county area. WTLS is one of ten established under the Library Systems Act, 1969, and the program is administered by the Texas State Library and Archives Commission. The WTLS service program, funded totally by the State of Texas, is comprised of various elements designed to improve and expand the service programs of the libraries that are members of the system. Also, the system encourages the establishment of public libraries in communities that do not have library services. At the end of the current state fiscal year (SFY 1999), 33 libraries were qualified for membership. The West Texas Library System is authorized by the Texas State Library and Archives Commission to re -instate a full-time assistant coordinator's position from a part-time position. This action will not cause the city to incur additional costs. The Lubbock City -County Library was designated as the Major Resource Center, or headquarters, for the WTLS program as of September 1, 1974. This year is the 26th annual such contract renewal. 178 Regular City Council Meeting September 9, 1999 Page 179 As the Major Resource Center, the Lubbock City -County Library also serves as the headquarters for the Interlibrary Loan (ILL) grant program and the technical assistance program. The ILL Center locates and requests materials for all public libraries, community college libraries, and special libraries within the 29 county area served by WTLS. The technical assistance program funds the hiring of a full-time technical advisor for public libraries in the WTLS service region. The technical advisor will provide training and technological assistance to all of these area libraries. These three programs are fully funded by the State of Texas and the City has no responsibility or obligation in the event that funds are not appropriated or provided. The Texas State Library and Archives Commission contracts with the City of Lubbock and Lubbock City - County Library for housing of staff and implementation of the service program components. The City of Lubbock will receive compensation of 9.03 % of direct charges to reimburse the cost of fiscal administration of the grant. The West Texas Library System Grant Contract #470-00009 is for $423,532. The Interlibrary Loan Grant Contract #771-00044 is for $63,990. The Technical Assistance Negotiated Grant Contract #476-00019 is for $74, 997. 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. (25.) Resolution No. 6496 authorizing the Mayor to execute an amendment of Environmental Engineering Services Agreements with Compliance Services Group, Inc. to specify groundwater testing services. RESOLUTION NO. 6496 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 Agreement for Environmental Engineering Services by and between the City of Lubbock and Compliance Services Group, Inc., 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. 179 Regular City Council Meeting September 9, 1999 Page 180 Passed by City Council this 9th day of September, 1999. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Dan Dennison Dan Dennison Environmental Compliance Manager APPROVED AS TO FORM: Is/ Richard Casner Richard Casner, Natural Resources Attorney A copy of the Amendment to Agreement is filed with Resolution No. 6496. On November 16, 1995, the Mayor signed a resolution authorizing Environmental Engineering Services Agreements with Compliance Services Group, Inc., for investigation and abatement of subsurface contamination at the City of Lubbock Fire Training site and the Airport Crash Fire Rescue (CFR) site. The first phase, including historical research and preparation of site investigation plans, has been completed. Initial soil/groundwater sampling procedures have likewise been completed, as directed by the site investigation plans. The project is moving into the final assessment phase to determine the need for, and extent of, environmental remediation. These assessment procedures are deemed necessary by TNRCC and EPA. Council approval is requested to amend the original agreement with the vendor to update previously unknown costs for final site investigations and assessment reports. b This lat rywill authorities. testing procedures to be completed, as requested y regulatory Staff recommended Council approval. (26.) Resolution No. 6497/RFP #99143--Excess Liability Insurance (Human Resources) RESOLUTION NO. 6497 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock B and is Lubbock, aneby Agreementzed and by and directed to execute for and on behalf of the City o Inc., to act as between the City of Lubbockand the 1 ability shaw insurance,ance and related documents. Said registered agent/broker o 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. Regular City Council Meeting September 9, 1999 Page 181 Passed by City Council this 9th day of September, 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 A copy of the Agreement is filed with Resolution No. 6497. This contract is for purchase of excess liability. This insurance provides coverage for claims and defense costs over $250,000 per occurrence. The limit of liability will be $10,000,000 aggregate annually. The following six companies submitted proposals and received points from the RFP Committee: 1. Upshaw Insurance Agency, Inc./Insurance Company of the West 11.95 2. Sanford Insurance/Coregis 11.2 3. Stoltz Insurance/St. Paul 9.525 4. Upshaw Insurance/States Self -Insurers 9.45 5. Sanford Insurance/Ranger 9.40 6. TML - IRP 8.25 The companies were evaluated and related on the following Criteria: • Coverage 25 % • Service 20 % • Financial Capacity 10 % • Professional Effort 10% • Management Information 10 % ■ Price 25 % 181 Regular City Council Meeting September 9, 1999 Page 182 The RFP Committee recommended Upshaw Insurance Agency, Inc./Insurance Company of the West for providing excess liability insurance in accordance with their policy, addendum and endorsements and RFP #99143 proposal response at the cost of $221,836. (27.) Resolution No. 6498/RFP #99033--Water Treatment Plant Optimization Study (Water Utilities) RESOLUTION NO. 6498 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 Water Treatment Plant Optimization Study, by and between the City of Lubbock and Alan Plummer Associates, Inc. of Fort Worth, 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 9th day of September, 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 A copy of the Contract is filed with Resolution No. 6498. This project will provide for an engineering firm to do an optimization study on the Water Treatment Plant. The project is another step toward providing the safest and best quality water possible to its customers, as well as ensure compliance with future, more stringent regulations. The purpose of the project is to identify any performance limiting factors throughout the treatment process and recommended possible solutions including equipment and technology needs. The study will also include the review of historical plant data for flow, turbidities, filter performance, etc. This project will focus on treatment process improvements. A separate efficiency study will be performed later in the year on selected water utilities departments and will gauge the effectiveness and efficiency of all aspects such as operation and maintenance practices, personnel, finance and cost effectiveness, and overall organizational procedures. In addition to the items listed below, the main benefit of this study will be to allow the City of Lubbock water 182 Regular City Council Meeting September 9, 1999 Page 183 treatment facility to remain proactive in providing the citizens of Lubbock with the best quality water possible. Other work items for the project will include: ♦ Evaluate and recommended settling basin improvements ♦ Studying the effects on the treatment process of blending Roberts County ground water with Canadian River water using bench scale or pilot testing. ♦ Identify benefits and uses of a pilot plant. ♦ Recommend options for reducing the solids content of the used filter backwash water. ♦ Analyze the plant's ability to comply with future anticipated state and federal environmental rules and regulations. The contract amount for professional services is within the Water Treatment Plant Optimization budget amount. The amount of the contract for the above services is $ 45,950.00 with an option for special services at a cost of $21,300 for a not to exceed total of $ 67,250. Some entities that have had similar studies performed are: 1. City of Mansfield, Texas Water Treatment Plant 2. City of Greenville, Texas Water Treatment Plant 3. Trinity River Authority Huntsville Water Treatment Plant The following firms submitted proposals: 1. HDR Engineering of Austin, Texas 2. Alan Plummer and Associates, Inc. of Fort Worth, Texas 3. Black & Veatch of Dallas, Texas 4. Malcolm Pirnie of Dallas, Texas The selection committee used the Evaluation Procedures for Competitive Proposals developed by the City of Lubbock Purchasing Department. The selection criteria included: ♦ Past Project Experience (40 %) ♦ Qualifications/experience of the personnel assigned to the project (30 %) ♦ Methodology, management approach and techniques (20%) ♦ Overall responsiveness to the RFP (10 %) Reference checks for all four firms were outstanding; therefore the evaluation committee invited all four firms to give oral presentations. Upon completion of the oral presentations the firms were ranked as follows: 183 Regular City Council Meeting September 9, 1999 Page 184 1. Alan Plummer and Associates, Inc. 2. HDR Engineering 3. Malcolm Pirnie 4. Black & Veatch Based on the qualifications, reputation and experience of the proposed firm, the committee recommended that Alan Plummer and Associates, Inc. of Fort Worth, Texas be engaged to perform the services required for this project. (28.) Bid #99136--98th Street Storm Sewer (Street Drainage Engineering) and authorize same This item was moved from Consent to Regular Agenda and was considered following Item No. 34. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to reject all bids on this item. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez was away from the dais. The next item considered was Item No. 35. (29.) Bid #99178--Automated External Defibrillators (Fire Department) This bid is for the purchase of 14 automated external defibrillators (AEDs), including carrying cases and data management programs, that will be placed into service at each fire station. The purpose of the AED program is to administer emergency medical attention to victims of cardiac arrest, including Fire Department personnel and the general citizenry, by the Fire Department prior to EMS arrival. These AED units will also enable the Fire Department to achieve improved compliance with regulations pertaining to medical competence and capability of fire fighters. The low bid is $40,600 from Laerdal Medical Corporation of Wappinger Falls, New York and is within the Equipment Capital Outlay Other Equipment budget amount. (30.) Resolution No. 6499/Bid #99180—Wadsworth Substation Access Road and Site Preparation (Electric Distribution) RESOLUTION NO.6499 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 a contract for access road and site preparation at Wadsworth Substation, and any associated documents, by and between the City of Lubbock and West Texas Paving, Inc., which Agreement is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. 00 Regular City Council Meeting September 9, 1999 Page 185 Passed by City Council this 9th day of September, 1999. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 9th day of September, 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 West Texas Paving, Inc., of the City of Lubbock, County of Lubbock, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #99180 - WADSWORTH SUBSTATION ACCESS ROAD & SITE PREPARATION - $94,295.82 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. 185 Regular City Council Meeting September 9, 1999 Page 186 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 Zheng 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: West Texas Paving, Inc. By: /s/ Darrell Jarnagin PRINTED NAME: Darrell Jarnagin TITLE: President COMPLETE ADDRESS: West Texas Paving, Inc. P. O. Box 64187 Lubbock, Texas 79464 This bid is for the construction of an access road and site preparation at the LP&L Wadsworth Substation. LP&L currently has an approved capital project to install a new Plains Co-op substation located at East 42nd Street and Guava Avenue. In addition to providing increased distribution capacity to industrial loads in this area, this substation will provide a third 230KV transmission interconnection with Southwestern Public Service Company. The low bid is $94,295 from West Texas Paving, Inc. of Lubbock, Texas and is within the Plains Co-op Substation -System Capital Outlay budget amount. (31.) Bid #99186—Lubbock Power & Light Mackenzie Substation 15kv Metalclad Switchgear (Electrical Distribution) This bid is for 15kV metalclad switchgear at LP&L Mackenzie Substation. Mackenzie Substation provides the power to Lubbock downtown and surrounding areas. All LP&L substations except Mackenzie substation have at least two power transformers. In order to connect another power transformer to the 15KV bus, a new 15KV switchgear has to be installed at Mackenzie substation. It is time to replace the 1950's gear to keep low cost and high reliable service to downtown Lubbock. The low bid meeting specifications is $316,906 from ABB Power Transmission & Distribution Company, Inc. of Sanford, Florida and is within the Mackenzie Substation Switchgear Replacement budget amount. (32.) Resolution No. 6500/Bid #99199—Lubbock International Airport Fire Alarm System (Lubbock International Airport) Regular City Council Meeting September 9, 1999 Page 187 RESOLUTION NO. 6500 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 Lubbock International Airport Fire Alarm System, by and between the City of Lubbock and Grinnell Fire Protection Systems of Lubbock, Texas and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 9th day of September, 1999. ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney /s/ WINDY SITTON WINDY SITTON, MAYOR CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 9th day of September, 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 Grinnell Fire Protection Systems, 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 #99199 - LUBBOCK INTERNATIONAL AIRPORT FIRE ALARM SYSTEM - $213,500.00 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. 187 Regular City Council Meeting September 9, 1999 Page 188 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 th ereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Gary Smith Owner's Representative APPROVED AS TO FORM: /s/ William de Haas City Attorney ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Grinnell Fire Protection Systems By: /s/ Rick Sosebee PRINTED NAME: Rick Sosebee TITLE: District General Manager COMPLETE ADDRESS: Grinnell Fire Protection Systems P. O. Box 1361 Lubbock, Texas 79408 This involves the replacement and upgrade of the existing fire alarm system at the Lubbock International Airport. The existing system does not function properly and cannot be modified to operate with a new system. The low bid is $213,500 from Grinnell Fire Protection of Lubbock, Texas and is within the Professional Services budget amount. Staff recommended award of each bid to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions. REGULAR AGENDA ORDINANCES FOR PASSAGE (33.) Ordinance No. 10193 - Zone Case No. 2849 (south of 103rd Street and east of Indiana Avenue): Appeal of Hugo Reed and Associates (for Terry Key) for a zoning change from R-1 to C-2A on a portion of land out of Section 19, Block E-2 (second and final reading). 188 Regular City Council Meeting September 9, 1999 Page 189 ORDINANCE NO. 10193 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2849; A ZONING CHANGE FROM R-1 TO C-2A WITH A LIMITED NUMBER OF USES, C-1 AND GO ZONING ON A PORTION OF LAND OUT OF SECTION 19, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Randy Henson, Senior Planner, presented staff comments. Motion was made by Councilmember Patterson, seconded by Councilmember McDougal to pass on second and final reading Ordinance No. 10193 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez was away from the dais. HEALTH AND COMMUNITY SERVICES (34.) Ordinance No. 10195 to amend Chapter 12, Section 12-18 of the City of Lubbock Code of Ordinances to adopt the "Texas Food Establishment Rules" (first reading). ORDINANCE NO. 10195 AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY OF LUBBOCK CODE OF ORDINANCES, ADOPTING THE TEXAS FOOD ESTABLISHMENT RULES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The Texas Department of Health, Bureau of Food and Drug Safety Retail Foods Division has adopted the Texas Food Establishment Rules that became effective on October 6, 1998. These rules provide better protection to public health by focusing on issues that can create food - borne illnesses and provide better uniformity with the Federal Drug Administration (FDA) rules. In an effort to evaluate the adoption of the new rules by the City of Lubbock, the Environmental Inspection Services (EIS) Department invited a variety of food establishments (corporations, cafeterias, locally owned, etc.) to participate in a discussion regarding the new rules and their impact to the establishments. As a result of the meeting, EIS developed a plan for adopting the new rules which includes training and education of the establishments. The adoption plan was presented to the food establishment group, the Board of Health and the Lubbock Restaurant Association. Each group stated they were in support of adopting the new food rules. Rob Allison, Environmental Inspection Services Manager, presented staff comments. Staff recommended approval of this item. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10195 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez was away from the dais. The next item considered was Item No. 28. ME Regular City Council Meeting September 9, 1999 Page 190 BOARD APPOINTMENTS This item was considered following Item No. 28. (35.) Consider two appointments to the Airport Board. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to appoint Todd McKee and Fred Underwood to the Airport Board. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez was away from the dais. (36.) Consider one appointment to the Building Board of Appeals. This item was not considered. The appointee to be considered could not serve because of a conflict of interest, so this matter will be taken back before Council at a future date. (37.) Consider one appointment to the Keep Lubbock Beautiful Advisory Committee. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to appoint Rita Melton to the Keep Lubbock Beautiful Advisory Committee. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez was away from the dais. (38.) Consider one appointment to the Youth Commission. Motion was made by Councilmember Cooke, seconded by Councilmember McDougal to appoint Stephen Escobedo to the Youth Commission. Motion carried: 6 Yeas, 0 Nays. Councilmember Hernandez was away from the dais. 11:17 A. M. COUNCIL RECESSED 2:21 P. M. COUNCIL RECONVENED 2:21 P. M. COUNCIL ADJOURNED There being no further business to come before cil, M r Sitton adjourned the meeting. �� n, INDY SWON, MAYOR U Kaytly 4 Darnell-, City Secretary Read and approved this /af/l day of WINDY 51'1"1 190