HomeMy WebLinkAboutMinutes - City Council - Regular - 3/26/2015 CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
March 26, 2015
2:30 P. M.
The City Council of the City of Lubbock,Texas met in regular session on the 26th of March,2015,
in City Council Chambers,City Hall, 162513th Street,Lubbock,Texas at 2:30 p. in.
2:30 P.M. CITY COUNCIL CONVENED
City Council Chambers,162513th Street,Lubbock,Texas
Present: Mayor Glen C.Robertson; Mayor Pro Tern Jim Gerlt; Council Member Karen
Gibson; Council Member Jeff Griffith; Council Member Victor Hernandez; Council
Member Latrelle Joy;Council Member Floyd Price; City Manager James Loomis;
City Secretary Rebecca Garza; City Attorney Chad Weaver
Note: Council Member Victor Hernandez arrived in Executive Session.
Note: City Council addressed agenda items in the following order:
•Executive Session;2.1-2.5; Citizen Comments 3.1-3.6; Citizen Comments(Sign-ups) 3.7;
4.1;5.1-5.7; 5.10;J.12-5.14, 5.8-5.9;5.11; and 6.1-6.14.
1. Executive Session
The meeting was called into a closed session at 2:30 p.m. under the provisions of
Section 551,Texas Government Code.The meeting was called back into a public
session at 5:15 p.m.
1. 1. Hold an executive session in accordance with Texas Government Code, Section 551.071,
with legal counsel for advice about pending or contemplated litigation or settlement
agreement and on matters in which the duty of the attorney under the Texas Disciplinary
Rules of Professional Conduct conflicts with Chapter 551.
1. 1. Discuss Subchapter C of Chapter 552 of the Texas Local Government Code and any
ordinances or resolutions adopted pursuant thereto.
1. 1. 2. No. 14-0572-In the Supreme Court of Texas-Coyote Lake Ranch,LLC v.The
City of Lubbock, On Review from the Seventh Court of Appeals at Amarillo,Texas
No. 14-00006-CV
1. 2. Hold an executive session in accordance with the Texas Government Code,Section
551.074,to discuss personnel matters.
1. 2. 1. City Attorney
1. 2. 2. City Manager
1. 2. 3. City Secretary
2. Proclamations and Presentations
2. 1. Invocation by Pastor Jeffrey Vayda,Gloria Dei Lutheran Church
Pastor Jeffrey Vayda,Gloria Dei Lutheran Church, led the invocation.
2. 2. Pledges of Allegiance
Pledges of Allegiance were given by those in Council Chambers to the United States and
Texas flags.
2. 3. Presentation of a special recognition for the annual ABC Rodeo.
Mayor Pro Tem Jim Gerit presented a special recognition to the ABC Rodeo for their 73rd
Annual Pro Rodeo. Scotty Bowyer, 2015 ABC Pro Rodeo Chairman, and several members
of the American Business Club, appeared to accept the recognition.
2. 4. Presentation of special recognition for the month of March being Red Cross Month.
Mayor Pro Tem Jim Gerlt presented a special recognition of March as Red Cross Month
in Lubbock. John Farr, Executive Director of the Lubbock Red Cross,appeared to accept
the recognition.
2. 5. Board Recognitions: Presented by Mayor Pro Tem Jim Gerlt
Community Development and Services Board:
Nitra Barnes
Shirley Berk(unable to attend)
Lana Moore
Lauren Sullivan
Ian Watts
Lake Alan Henry Board of Appgals:
Resa Carson
North and East Lubbock Community Development Corporation Board of
Directors•
Gilbert Flores(unable to attend)
Subodh Patel (unable to attend)
Urban Design and Historic Preservation Commission:
Gretchen Scott
Urban Renewal and Neighborhood Redevelopment Commission:
Amanda Luna
Steve Warren
3. Citizen Comments-Pursuant to City Council Resolution 2014-110320, any citizen
wishing to appear before a regular meeting of the City Council shall: Notify the City
Manager's office of that fact, completing the form available at the City Manager's
office, or online at the following hyperlink:I'ublic Comments Sign-Up Form and
submit it no later than seventy-rive(75) hours prior to the start of the meeting at
which the citizen wishes to appear; or sign tip to speak at the City Council meeting
itself,completing the form provided at the meeting,with regard to any item posted
on the City Council agenda.
3. 1. Deanne Clark will appear before the City Council to discuss C,-,C(','SSiVC spending, debts,
and needed taxpayer-friendly reforms.
Deanne Clark appeared before the City Council to discuss excessive spending, debts, and
needed taxpayer-friendly reforms.
3. 2. Mike[ Ward will appear before the City Council to discuss stormwater rates, debt set-vice,
including street related,taxes and options to recalculate rates.
Mikel Ward appeared before the City Council to diSCUSS storinwater rates, debt service,
including street related, taxes and options to recalculate rates.
3. 3. Steve Payton will appear before the City Council to discuss stormwater.
Steve Payton appeared before City Council to speak in opposition of"the current
stormwater fees.
3. 4. Clyde James, Jr. will appear before the City Council to discuss stormwater fees and Phase
2 and 3 construction projects.
Clyde James, Jr. appeared before City Council to speak in opposition ofthe Current
stormwater fees and associated projects.
3. 5. Ysidro Gutierrez will appear before the City Council to discuss the Landwer House.
Ysidro Gutierrez appeared before the City Council to discuss the Landwer HOLISe.
3. 6. Scott Stepenson will appear before the City Council to discuss stormwater fees.
Scott Stepenson appeared before the City COLHICH to speak in opposition of the Current
stormwater fees.
3. 7. Sign-UPS:
•Jim Henson and Judy Sandlin appeared before City Council to speak in opposition
of item 3.4(Stormwater fees).
•Mallory Miller appeared before City Council to speak about item 3.1, specifically
appraisal and revenue caps.
4. Minutes
4. 1. February 26,2015 Regular City Council Meeting
Motion by Mayor Pro Tem Jim Gerlt, seconded by Council Member Floyd Price to
approve the February 26,2015 Regular City Council Meeting minutes.
Vote-, 7-0 Motion carried
5. Consent Agenda-Items considered to be routine and enacted by one motion without
separate discussion.If the City Council desires to discuss an item,the item is
removed from the Consent Agenda and considered separately.
Motion by Council Member Floyd Price,seconded by Mayor Pro Tern Jim Gerlt to
approve items 5.1-5.7; 5.10;and 5.12-5.14.
Vote: 7-0 Motion carried
5. 1. Budget Amendment Ordinance Ist Reading-Finance: Ordinance No.2015-00022,
Amendment 15, amending the FY 2014-15 budget for municipal purposes respecting the
grant fund to accept and appropriate additional funding from the Dallas Police Department
for the Internet Crimes Against Children grant; providing for filing;and providing for a
savings clause.
5. 2. Resolution—Public Works Engineering: Resolution No. 2015-80096 authorizing the
Mayor to execute a Professional Services contract 12198 with Freese&Nichols, Inc. for
Construction Representative Professional Services Associated with the Bailey County
Disinfection Improvements Project Construction Contract, ITB-15-12035-TF.
5. 3. Resolution—Public Works Engineering: Resolution No.2015-80097 authorizing the
Mayor to execute Amendment I to contract 11815 Professional Services Agreement with
Kimley-Horn and Associates, Inc.,for providing construction phase services for South
Lubbock Sanitary Sewer Extension Phase I/B Capital Improvements Project.
5. 4. Resolution—Public Works Engineering: Resolution No.2015-R0098 authorizing the
Mayor to execute Change Order I to contract 11668 with Gamey Companies, Inc. from
Kansas City, Missouri for the construction of the second phase(Contract B)of Bailey
County Well Field Supply Pipeline, RFP 13-11668-MA.
5. 5. Resolution—Water Resources: Resolution No.2015-80099 authorizing the Director of
Water Utilities to execute and submit to the U.S. Department of Interior Bureau of
Reclamation WaterSMART Title XVI Water Reclamation and Reuse Program a grant
application for financial assistance associated with a water reuse feasibility study.
5. 6. Ordinance 1st Reading-Public Works Traffic Engineering: Ordinance No.
2015-00023 amending Section 20.05.103 of the Code of Ordinances of the City of
Lubbock,with regard to the establishment of school zones.
5. 7. Ordinance 1st Reading—Right-of-Way: Ordinance No. 2015-00024 abandoning and
closing a portion of a 5-foot x 15-foot water line easement located on Lot 8,Cascada
Professional Office Park, Lubbock County,Texas, 6102 82nd Street.
5. 8. Resolution-Facilities: Resolution No.2015-R0104 authorizing the Mayor to execute
contract 12227 with Environmental Services Agency, L.L.C. for asbestos and mold
consulting services for Citizens Tower(formerly known as the Omni Building) located at
1206 14th Street, RFQ 15-12227-MA.
Mark Yearwood, Assistant City Manager; and James Loomis,City Manager gave
comments and answered questions from City Council.
Motion by Council Member Floyd Price, seconded by Council Member Karen Gibson to
approve Resolution No.2015-RO 104.
Vote:6- I Motion carried
NAY: Mayor Glen C.Robertson
5. 9. Resolution-Solid Waste: Resolution No.2015-RO105 authorizing the Mayor to
execute contract 12155 with NetConnection, LLC, for the litter fence and additional
netting panels at the West Texas Region Disposal Facility, ITB 15-12155-PD.
Scott Snider, Assistant City Manager,gave comments and answered questions from City
Council.
Motion by Mayor Pro Tem Jim Gerlt, seconded by Council Member Floyd Price to
approve Resolution No.2015-R0105.
Vote:7 -0 Motion carried
5. 10. Resolution-Fleet Services: Resolution No.2015-ROI OO authorizing the Mayor to
execute a purchase order contract 31022649 to Gene Messer for three mid-size sport utility
vehicles,ITB 15-12182-SS.
5. 11. Resolution-Community Development: Resolution No.2015-R0106 of support for a
proposed develoment Mahon Villas Associates, LP to apply to the Texas Department of
Housing and Community Affairs(TDHCA) for funding for an affordable rental housing
development to be located at 1913 Baylor Street,Lubbock,TX 79415 and named Mahon
Villas Apartments.
Bill Howerton, Assistant City Manager, gave comments and answered questions from City
Council.
Motion by Council Member Victor Hernandez,seconded by Council Member Floyd
Price to approve Resolution No.2015-RO 106.
Vote: 6- I Motion carried
NAY: Mayor Glen C.Robertson
5. 12. Resolution-Transportation Services: Resolution No. 2015-ROIOI authorizing the
Mayor to execute contract 12112 with Belinda Alexander, OTR,(Occupational Therapist
Registered), CLT(Certified Lymphedema Therapist)for Citibus ADA(Americans with
Disabilities Act),Paratransit Client Assessments,RFP 15-12112-MA.
5. 13. Resolution-Purchasing and Contract Management: Resolution No.2015-RO102
authorizing the Mayor to execute contract 12195 with Baker Office Products for office
supplies for City Departments, ITB 15-12195-SS.
5. 14. Resolution- Emergency Management.- Resolution No.2015-80103 authorizing the
Mayor to approve the Lubbock County Multi-Jurisdictional Hazard Mitigation Plan.
6. Regular Agenda
6. 1. Public Hearing 5:30 p.m.—Planning: Ordinance No.2015-00025, for Zone Case
3116-H, a request of Hugo Reed and Associates, Inc.,for Wee Care Educational Learning
Center,for a zoning change from Garden Office(GO)to Apartment Medical(AM)on
Tract L,Kelsey Park Addition, 13401 Quaker Avenue, Lubbock,Texas.
Mayor Robertson opened the public hearing at 6:38 p.m.
No one appeared to speak in opposition.
Zach Lopez,with Hugo Reed and Associates,Inc.appeared to speak in favor.
Mayor Robertson closed the public hearing at 6:39 p.m.
Motion by Mayor Pro Tern Jim Gerlt, seconded by Council Member Karen Gibson to
approve Ordinance No. 2015-00025.
Vote:6-0 Motion carried
Other: Council Member Victor Hernandez(AWAY)
6. 2. Public Hearing 5:30 p.m.—Planning: Ordinance No.2015-00026, for Zone Case
3249, a request of JDMA, Inc., for Scoggin Dickey Dealership, for a zoning change
from Transitional (T)to Interstate Highway Commercial (IHC)on 4.32 acres of unplatted
land out of Block JS,Section 9, northeast comer of West Loop 289 and 19th Street,
Lubbock,Texas.
Mayor Robertson opened the public hearing at 6:39 p.m.
No one appeared to speak in opposition.
Joe McKay,with JDMA, Inc.for Scoggin Dickey Dealership,appeared to speak in favor.
Mayor Robertson closed the public hearing at 6:40 p.m.
Motion by Council Member Floyd Price,seconded by Council Member Jeff Griffith to
Ll approve Ordinance No. 2015-00026.
Vote:6-0 Motion carried
Other: Council Member Victor Hernandez(AWAY)
6. 3. Public Hearing 5:30 p.m.—Planning: Ordinance No. 2015-00027, for Zone Case
3250,a request of Brandon Sanderson for a zoning change from Transitional (T)to
Interstate Highway Industrial(1HI)on 5.14 acres of unplatted land out of Block AK,
Section 30, 6601 Upland Avenue,Lubbock,Texas.
Mayor Robertson opened the public hearing at 6:41 p.m.
No one appeared to speak in opposition.
Brandon Sanderson,property owner,appeared to speak in favor.
Mayor Robertson closed the public hearing at 6:42 p.m.
Motion by Mayor Pro Tern Jim Gerlt, seconded by Council Member Floyd Price to
approve Ordinance No.2015-0027.
Vote:5 -0 Motion carried
Other: Council Member Victor Hernandez(AWAY)
Council Member Latrelle Joy(RECUSE)
6. 4. Public Hearing 5:30 p.m.—Planning: Ordinance No. 2015-00028, for Zone Case
3251,a request of AMD Engineering,LLC,for Henry Patel, for a zoning change from R-I
and Interstate Highway Commercial(I HQ to IHC for a hotel on Tract 2-A-1-A,Niraj
Investments LLC Addition,6506 Interstate 27,Lubbock, Texas.
Mayor Robertson opened the public hearing at 6:42 p.m.
No one appeared to speak in opposition.
Scan Hanfeld,with AMD Engineering, LLC., appeared to speak in favor.
Mayor Robertson closed the public hearing at 6-43 p.m.
Motion by Council Member Floyd Price,seconded by Council Member Karen Gibson to
approve Ordinance No. 2015-00028.
Vote:6-0 Motion carried
Other: Council Member Victor Hernandez(AWAY)
6. 5. Public Hearing 5:30 p.m.—Planning: Ordinance No. 2015-00029,for Zone Case
1542-U,a request of WCA Design Studio, LLC, for Sharp Academy,for a zoning change
from AM to C-2A Specific Use for a private school and all unconditionally permitted AM
uses on the west 172 feet of Tract C and Tract D,South Park Addition,4415 66th Street,
Lubbock,Texas.
Mayor Robertson opened the public hearing at 6:44 p.m.
No one appeared to speak in opposition.
Zach Garth, with WCA Design Studio, LLC.,appeared to speak in favor.
Mayor Robertson closed the public hearing at 6:44 p.m.
Motion by Mayor Pro Tern Jim Gerlt,seconded by Council Member Floyd Price to
approve Ordinance No.2015-00029.
Vote-, 6-0 Motion carried
Other: Council Member Victor Hernandez(AWAY)
6. 6. Resolution-Planning: Consider a resolution approving and granting a variance from
the applicable 300-feet minimum distance provisions of City of Lubbock Ordinance
2009-00060 at the location of 2908 Parkway Drive for an off-premise alcoholic beverage
permit.
This item failed.
Motion by Council Member Jeff Griffith,seconded by Council Member Floyd Price to
approve this item.
Vote:0-6 Failed
NAY: Mayor Glen C.Robertson
Mayor Pro Tem Jim Gerit
Council Member Karen Gibson
Council Member Jeff Griffith
Council Member Latrelle Joy
Council Member Floyd Price
Other: Council Member Victor Hernandez(AWAY)
6. 7. Ordinance-Finance: Ordinance No.2015-00030 providing for the issuance of City of
Lubbock,Texas, Tax and Waterworks System Surplus Revenue Certificates of Obligation,
Series 2015; Levying a tax and pledging surplus waterworks system revenues in payment
thereof-, providing for the award of the sale thereof in accordance with specified
parameters; approving the official statement; approving execution of a purchase contract;
and enacting other provisions relating thereto.
Matt Boles, Financial Advisor with RBC Capital Markets,gave a presentation and
answered questions from City Council.
Pam Moon, Director of Finance;and James Loomis,City Manager,gave comments and
answered questions from City Council.
Motion by Council Member Karen Gibson, seconded by Council Member Floyd Price to
approve Ordinance No.2015-00030.
Vote:7-0 Motion carried
6. 8. Ordinance-Finance: Ordinance No.2015-00031 providing for the issuance of City of
Lubbock,Texas,Electric Light& Power System Revenue Bonds,Series 2015;providing
for the award of the sale thereof in accordance with specified parameters-,approving the
official statement;approving execution of a purchase contract;and enacting other
provisions relating thereto.
Matt Boles, Financial Advisor with RBC Capital Markets,gave a presentation and
answered questions from City Council.
Pam Moon, Director of Finance; and James Loomis,City Manager,gave comments and
answered questions from City Council.
Motion by Council Member Karen Gibson,seconded by Council Member Floyd Price to
approve Ordinance No.2015-00031.
fj
Vote:7-0 Motion carried
6. 9. Ordinance-Finance: Ordinance No. 2015-00032 providing for the issuance of City of
Lubbock,Texas,General Obligation Refunding Bonds, Series 2015 and City of
Lubbock,Texas General Obligation Refunding Bonds, Taxable Series 2015; levying a tax
in payment thereof-, providing for the award of the sale thereof in accordance with
specified parameters;approving the official statement; approving execution of a purchase
contract and escrow agreement; and enacting other provisions relating thereto.
Matt Boles, Financial Advisor with RBC Capital Markets, gave a presentation and
answered questions from City Council.
Pam Moon, Director of Finance;and James Loomis,City Manager,gave comments and
answered questions from City Council.
Motion by Council Member Karen Gibson, seconded by Council Member Floyd Price to
approve Ordinance No.2015-00032.
Vote:7-0 Motion carried
6. 10. Resolution—Human Resources: Resolution No.2015-RO107 authorizing the Mayor to
execute a contract 12219 Slavin Management Consultants,for City Manager executive
search firm services, RFP 15-12219-MA.
Leisa Hutcheson,Director of Human Resources, gave comments and answered questions
from City Council.
Motion by Council Member Karen Gibson, seconded by Mayor Pro Tern Jim Gerlt to
approve Resolution No.201 S-80107.
Vote: 7-0 Motion carried
6. 11. Board Appointments-City Secretary: Consider three appointments to the Board of
Health,one appointment to the Civic Lubbock, Inc. Board of Directors,seven
appointments to the Keep Lubbock Beautiful Advisory Committee,and three
appointments to the North Overton Tax Increment Financing Reinvestment Board of
Directors.
Board of Health:
Motion by Mayor Pro Tem Jim Gerlt,seconded by Council Member Karen Gibson to
appoint Cameron Herring to replace Kae Hentges.
Vote: 7-0 Motion carried
Motion by Council Member Latrelle Joy, seconded by Mayor Pro Tem Jim Gerlt to
reappoint Steven Presley.
Vote: 7-0 Motion carried
Motion by Council Member Jeff Griffith, seconded by Council Member Floyd Price to
appoint Matthew Lambert to replace Ted Reid.
Vote: 7 -0 Motion carried
Civic Lubbock,Inc.Board of Directors: Motion by Council Member Karen Gibson,
seconded by Council Member Jeff Griffith to appoint Jacob Seideman to replace Ted
Dotts.
Vote: 7 -0 Motion carried
Keep Lubbock Beautiful Advisory Committee:
Motion by Council Member Karen Gibson, seconded by Council Member Jeff Griffith to
reappoint Kathryn Horkey-Wolff, Lisa Low,and Marie Meyer.
Vote: 7-0 Motion carried
Motion by Council Member Floyd Price,seconded by Council Member Karen Gibson to
appoint L.V. Andrews to replace Nitra Barnes.
Vote: 7-0 Motion carried
Motion by Council Member Karen Gibson,seconded by Council Member Jeff Griffith to
appoint Christi Caldwell to replace Suzanne King.
Vote: 7-0 Motion carried
Motion by Council Member Jeff Griffith,seconded by Council Member Floyd Price to
appoint Sharma Hargrave to replace Barbara Robertson.
Vote: 7-0 Motion carried
Motion by Council Member Floyd Price,seconded by Council Member Karen Gibson to
appoint David Lloyd to replace Alfonso Sanchez.
Vote: 7-0 Motion carried
North Overton Tax Increment Financing Reinvestment Board of Directors:
Motion by Council Member Floyd Price,seconded by Council Member Karen Gibson to
reappoint Kurt Metcalf.
Vote: 7-0 Motion carried
Motion by Council Member Latrelle Joy, seconded by Council Member Floyd Price to
appoint Patrick Murfee to replace Don Rushing.
Vote: 7-0 Motion carried
Motion by Mayor Pro Tem Jim Gerlt,seconded by Council Member Latrelle Joyto
L reappoint Howard Thrash.
Vote: 7-0 Motion carried
6. 12. Board Appointment-City Secretary: Appoint the Chairperson of the Central Business
District Tax Increment Financing Reinvestment Zone Board of Directors for calendar year
2015,with the term ending on December 31,2015.
Motion by Council Member Karen Gibson, seconded by Mayor Pro Tem Jim Gerlt to
reappoint Robert Taylor.
Vote: 7-0 Motion carried
6. 13. Board Appointment-City Secretary: Appoint the Chairperson of the Lubbock
Business Park Tax Increment Financing Reinvestment Zone Board of Directors for
calendar year 2015,with the term ending on December 31,2015.
Motion by Council Member Jeff Griffith,seconded by Mayor Pro Tem Jim Gerlt to
reappoint Sandy Henry.
j I Vote:7 -0 Motion carried
6. 14. Board Appointment- City Secretar-y: Appoint the Chairperson of the North Overton
Tax Increment Financing Reinvestment Zone Board of Directors for calendar year 2015,
with the term ending on December 3 1, 2015.
Motion by Council Member l,atrelle Joy, seconded by COLInCil Member.1cl'I'Griffith to
reappoint Jack.Driskill.
Vote: 7 - 0 Motion carried
7:24 P.M. CITY COUNCIL ADJOURNED
There being no further business to come before COLLIlCil, Mayor Roby rtsoti adjourned
the meeting.
GLEE;' , ROBERTSON, MAR
YO
ATTEST.
RebecLa Garza, City Secretary