HomeMy WebLinkAboutMinutes - City Council - Regular - 4/9/2015 CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
April 9, 2015
2:30 P. M.
The City Council of the City of Lubbock,Texas met in regular session on the 9th of April,2015, in
City Council Chambers,City Hall, 1625 13th 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 Tem 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 Floyd Price arrived in Executive Session.
Nate: City Council addressed agenda items in the following order:
•Executive Session; 2.1-2.2; 2.4; 2.3; 2.5-2.7; Citizen Comments 3.1-3.4;Citizen Comments
(Sign-ups) 3.5; 4.1;5.1-5.7;5.9;5.11-5.14;5.16-5.18; 5.20-5.21,5.8; 5.10; 5.15; 5.19;and
d.1-6.6.
1. Executive Session
The meeting was called into a closed session at 2:30 p.m.under the provisions of
Section 551,Texas Government Cade.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. 1. No. 3094-2013-In the Municipal Court of the City of Lubbock,Texas-City of
Lubbock v. 1913 Baylor Avenue.
Discuss Subchapter C of Chapter 152 of the Texas Local Government Code and any
ordinances or resolutions adopted pursuant thereto.
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 Tom Lakey, First Assembly of God
Pastor Tom Lakey,First Assembly of God, 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 Lubbock Arts Festival.
Mayor Glen C.Robertson presented a special recognition for the 37th Annual Lubbock
Arts Festival.
2. 4. Presentation of a special recognition of the 40th Anniversary of Walk a Mile in Her Shoes
event on April 18,2015.
Mayor Pro Tern Jim Gerlt presented a special recognition of the 40th Anniversary of the
Walk a Mile in Her Shoes event. Leslie Timmons,Community EducatorNolunteer
Coordinator for the Voice of Hope,appeared to accept the recognition.
2. 5. Presentation of a special recognition for Stand Up for Transportation Day.
Council Member Floyd Price presented a special recognition for Stand Up for
Transportation Day. Maurice Pearl,with Citibus; and members of the Lubbock Chamber
of Commerce appeared to accept the recognition.
2. 6. Presentation of a special recognition for National Public Safety Telecommunications
Week,April 12-18,2015.
Mayor Glen C. Robertson presented a special recognition for National Public Safety
Telecommunications Week,April 12-18,2015. Christy Hennsley,Communications
Manager; several staff members of the Lubbock Police Department Communications
Center;and members of the Fire Department, appeared to accept the award. Roger
Ellis, Chief of Police,gave comments and thanked the City Council for the recognition.
2. 7. Presentation by Lubbock Apartment Association ordonation proceeds of the 2015 State of
the City Address. The Mayor has designated the South Plains Food Bank as the recipient
of this year's proceeds.
Mayor Glen Robertson along with Jon Willey, President of the Board of Directors of the
Lubbock Apartment Association, presented a $10,000 check on behalf'of the Lubbock
Apartment Association to the South Plains Food Bank from proceeds of the Mayor's State
of the City Address. David Weaver, CEO of the South Plains Food Batik, gave thanks to
the Mayor, the Lubbock Apartment Association, and the community for their support.
3. Citizen Comments -Pursuant to City Council Resolution 2014-110320, ally 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:Public Comments Sign-Up Forint and
submit it no later than seventy-five(75) hours prior to the start of the meeting at
which the citizen wishes to appear; or sign up 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. Roy L. Johnson will appear before the City Council to discuss StOrIllWatCr issues.
Roy L. Johnson appeared before the City Council but declined to present his ideas at this
time.
3. 2. Burley Owen will appear before the City Council to diSCUSS items 6.3 and 6.4.
Burley Owen appeared before the City Council to speak in opposition or items 6.3 & 6.4
(North and East Lubbock Community Development Corporation).
3. 3. Mikel Ward will appear before the City Council to discuss storni%vater issues, and items
5.15.8, 6.3, and 6.4.
Mikel Ward appeared before the City Council and gave suggestions for various issues
with items 6.3 & 6.4 (North and East Lubbock Community Development Corporation); 5.8
(Stoi-mwater); and 5.2 (Budget Amendment),
3. 4. Katy Phillips will appear before the City Council to discuss storniNvater issues.
Katy Phillips was unable to attend.
3. 5. Sign-ups:
9 Carol Meek appeared before City Council to speak in opposition of item 6.3 (North
and East Lubbock Community Development Corporation).
9 Scott Stephenson and Steve Payton appeared before City Council to discuss item 5.8
(Storrnwater) and to offer ideas for a Solution to the Current storrilwater fees.
9 Debbie Bartholomew appeared before City Council to speak in opposition of item
5.8 (Stormwater),
* Bob Strong appeared before City Council to speak in opposition of items 6.3 & 6.4
(North and East Lubbock Community Development Corporation).
4. Minutes
4. 1. February 17, 2015 Special City Council Meeting(Electric Utility Board)
March 9,2015 Special City Council Meeting(Electric Utility Board)
March 12, 2015 Regular City Council Meeting
Motion by Mayor Pro Tern Jim Gerlt, seconded by Council Member Floyd Price to
approve the February 17,2015 Special City Council Meeting(Electric Utility Board)
minutes, the March 9, 2015 Special City Council Meeting(Electric Utility Board) minutes,
and the March 12,2015 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; 5.9; 5.11-5,14; 5.16-5.18;and 5.20-5.21.
Vote: 7 -0 Motion carried
5. 1. Budget Amendment Ordinance 2nd 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. 1. 1. Resolution—Police: Resolution No.2015-ROI08 authorizing the Mayor to execute a
Supplement Agreement I to that certain Interlocal Agreement(City of Lubbock
Resolution 2014-RO 125)by and between the City of Lubbock and the City of Dallas,
regarding the Dallas Internet Crimes Against Children Task Force.
5. 2. Budget Amendment Ordinance 1st Reading-Finance: Ordinance No. 2015-00033,
Amendment 16,amending the FY 2014-15 Budget for Municipal purposes respecting the
Solid Waste Fund by decreasing the transfer payment in lieu of property tax(PILOT);
respecting the Storm Water Fund by decreasing the transfer PILOT;respecting the
Wastewater Fund by decreasing the transfer PILOT; respecting the Water Fund by
decreasing the transfer PILOT;respecting the General Fund by decreasing the transfers;
providing for filing;and providing for a savings clause.
5. 3. Resolution-Finance: Resolution No.2015-80109 accepting on behalf of the Quincy
Park Public Improvement District a park and three medians donated by Real Property
Resource, Inc.
5. 4. Resolution-City Attorney: Resolution No.2015-R0110 a Professional Services
Agreement between the City of Lubbock and Bracewell and Guiliani, LLP to
provide professional services to the City of Lubbock in Cause No. 14-0572-Coyote Lake
Ranch,LLC v.The City of Lubbock before the Texas Supreme Court.
5. S. Ordinance 2nd 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. 6. Resolution—Public Works Engineering: Resolution No. 2015-ROI I I authorizing the
Mayor to execute Amendment 2 to contract 11259, Professional Services Agreement with
Kimley Hom and Associates, Inc.,for providing professional engineering services
associated with the South Lubbock Sanitary Sewer System Extension Phase If.
5. 7. Resolution—Public Works Engineering: Resolution No.2015-RO 112 authorizing the
Mayor to execute contract 12218 with Utility Contactors of America, Inc.of Lubbock,
Texas for the construction of the South Lubbock Sanitary Sewer Extension Phase 11 Bid
Package A,RFP 15-12218-PD.
5. 8. Resolution-Stormwater: Resolution No.2015-ROI 19 authorizing the Mayor to
execute Professional Services Contract 12113 with Halff Associates, Inc.,for the
Stormwater Master Plan, Project 8595, RFQ 1S-12113-MA.
Wood Franklin,City Engineer, gave comments and answered questions from City Council.
Motion by Council Member Floyd Price,seconded by Council Member Latrelle Joy to
approve Resolution No.2015-RO 119.
Vote:6- I Motion carried
NAY: Council Member Jeff Griffith
5. 9. Ordinance 2nd 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. 10. Resolution-Right-of-Way.- Resolution No.2015-RO120 authorizing the Mayor to
execute a Real Estate Sales Contract 12310 for property located at 1603 13th Street,
Lubbock,Texas between the City of Lubbock and HM Strategies, LLC.
Motion by Mayor Pro Tern Jim Gerit, seconded by Council Member Floyd Price to
approve Resolution No. 2015-80120.
Vote:6- I Motion carried
NAY: Council Member Victor Hernandez
5. 11. Resolution-Right-of-Way: Resolution No.2015-ROI 13 authorizing the Mayor to
execute a street-use-license with Lubbock Country Club for a private waterline
encroachment at 3400 Mesa Road,Lubbock,Texas.
5. 12. Resolution-Aviation: Resolution No.2015-ROI 14 an agreement authorizing the Mayor
to execute Amendment I to the Architectural/Engineering Services contract 12147 for
Lubbock Preston Smith International Airport Improvement Project for the Airfield Asphalt
Repair Package Three with Parkhill, Smith,&Cooper, Inc.
5. 13. Resolution-Aviation: Resolution No.2015-841 15 authorizing the Mayor to execute
contract 12191 with Collier Construction Company of Lubbock,TX for the Fire Alarm
System Replacement at Lubbock Preston Smith International Airport, RFP 15-12191-TF.
5. 14. Resolution-Facilities: Resolution No.2015-801 16 authorizing the Mayor to execute
contract 12301 an agreement with Mary K. Crites,AIA for professional architectural and
engineering services for the renovations of the Maxey Community Center located at 4020
30th Street,Lubbock,Texas.
5. 15. Resolution -Fleet Services: Resolution No.2015-RO121 authorizing the Mayor to
execute purchase order contract 31022942 with Freedom Chevrolet of Dallas,Texas for
a one ton pickup for the Parks Department,ITB 15-12170-SS.
Motion by Council Member Jeff Griffith,seconded by Mayor Pro Tem Jim Gerlt to
approve Resolution No. 2015-110121 with an amendment:
"Because Gene Messer of Lubbock,Texas is a local bidder that offers the City of Lubbock
the best combination of contract price and additional economic development opportunities,
including employment of Lubbock residents and increased tax revenues,that Item 5.15 be
adopted in amended form by substituting Gene Messer of Lubbock,Texas for Freedom
Chevrolet of Dallas as to the award of Item#23 of ITB 15-12170-SS,and further that a
conforming substitute purchase order be drafted and executed accordingly."
Vote: 7 -0 Motion carried
5. 16. Resolution-Transportation Services: Resolution No.'s 2015-ROI 17 and
2015-80 118 authorizing the Mayor to execute contract 12217 with Texas Enterprises,Inc.,
dba United Oil&Grease and contract 12263 with Stewart& Stevenson Power Products,
LLC, for motor oil and lubricants for Citibus, ITB 15-12217-TF.
5. 17. Ordinance 2nd Reading—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.
5. is. Ordinance 2nd Reading—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.
5. 19. Ordinance 2nd Reading—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(IHI)on 5.14 acres of unplatted land out of Block AK, Section 30,
6601 Upland Avenue,Lubbock,Texas.
Motion by Council Member Karen Gibson, seconded by Council Member Floyd Price to
approve Ordinance No.2015-00027.
Vote: 6-0 Motion carried
Other: Council Member Latrelle Joy(RECUSE)
5. 20. Ordinance 2nd Reading—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(IHC) to IHC for a hotel on Tract 2-A-1-A,Niraj
Investments LLC Addition,6506 Interstate 27, Lubbock,Texas.
5. 21. Ordinance 2nd Reading—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.
6. Regular Agenda
6. 1. Public Hearing 5:30 p.m.-Planning: Resolution No.2015-80122 for petition for
annexation from Trantham and Rich, LLC,CNS Realty,L.C., and Gary Bell to annex a
parcel approximately 157.57 acres adjacent to the city limits south of 130th Street
(FM 1585)east of University Avenue, approving the petition and authorize the
preparation of a service plan.
Andrew Paxton, Director of Planning, gave comments and answered questions
from City Council.
Mayor Robertson opened the public hearing at 6:27 p.m.
No one appeared to speak in opposition.
Chris Berry,Betenbough Homes;and Keith Bryant,Superintendent of Lubbock Cooper
ISD, appeared to speak in favor.
Mayor Robertson closed the public hearing at 6:30 p.m.
Motion by Council Member Karen Gibson, seconded by Council Member Jeff Griffith to
approve Resolution No.2015-80122.
Vote: 5-2 Motion carried
NAY: Council Member Victor Hernandez
Council Member Latrelle Joy
6. 2. Resolution-Planning: Resolution No.2015-RO 123 approving and granting a variance
from the applicable 300-feet minimum distance provisions of City of Lubbock Ordinance
2009-00060 at the location of 3701 19th Street for an on-premise alcoholic beverage
permit.
Motion by Council Member Karen Gibson, seconded by Council Member Jeff Griffith to
approve Resolution No.2015-RO 123.
Vote: 6 - I Motion carried
NAY: Mayor Pro Tern Jim Gerlt
6. 3. Resolution-Finance: Resolution No.2015-80124 authorizing the Mayor to execute the
North and East Lubbock Community Development Corporation(NELCDC)Grant
Management agreement for promoting economic development.
Monique Coleman, Executive Director of the North and East Lubbock Community
Development Corporation,gave comments and answered questions from City Council.
Main Motion by Council Member Floyd Price, seconded by Council Member Latrelle
Joy to approve Resolution No.2015-80124.
Amendment by Mayor Pro Tem Jim Gerlt, seconded by Council Member Jeff Griffith
to to amend Section 2.03(a)and 5.01 of the proposed Grant Management Agreement
between the City of Lubbock and the North and East Lubbock Community Development
Corporation as follows:
Section 2.03(a) is amended to read:
"(a)Grant Amount.The City shall fund to Corporation the total grant amount of Three
Hundred Forty Two Thousand Four Hundred Eighty Five Dollars($342,485)for the
purposes stated in this Agreement. Upon approval of this Agreement by the City Council,
an Eighty Five Thousand Six Hundred Twenty One Dollars and Twenty Five Cents
($85,621.25)payment shall be made to the Corporation.The remainder of the grant shall
be paid in three payments in the amount of$85,621.25,due July 1, August 1, and
September 1,2015. All grant amounts distributed to the Corporation shall be subject to and
administered in accordance with this Grant Management Agreement."
Section 5.01 is amended to read:
"5.01 Termination. This Agreement may be terminated at the end of its term as provided in
Section 1.03,by mutual agreement of City and Corporation,or by default by either City or
Corporation as provided in Section 5.02.1n addition,notwithstanding anything to the
contrary herein, either City or Corporation may terminate this Agreement at any time by
giving 30 days written notice."
Vote on Amendment
Vote: 6 - 1 Motion carried
NAY: Mayor Glen C. Robertson
Main Motion Vote with Amendment
Vote: 4 - 3 Motion carried
NAY: Mayor Glen C. Robertson
Council Member Karen Gibson
Council Member Jeff Griffith
6. 4. Resolution -Finance: Resolution No. 2015-R0125 approving the North and East
Lubbock Community Development Corporation(NELCDC)FY 2014-15 Budget.
Motion by Council Member Floyd Price, seconded by Council Member Victor
Hernandez to approve Resolution No. 2015-R0125.
Vote: 4 - 3 Motion carried
NAY: Mayor Glen C. Robertson
Council Member Karen Gibson
Council Member JeffGriffith
6. 5. Board Appointments -City Secretary: Considei-nine appointments tothe City of
Lubbock Oil and Gas Advisory Review Committee(ARC).
Motion by Council Member Karen Gibson, seconded by Mayor Pro 'f'ern Jim Gerlt to
postpone this item indefinitely.
Vote: 6 - I Motion carried
NAY: Council Member Floyd Price
6. 6. Board Appointments- City Secretary: Consider the appointment of the Chairperson of'
the City of Lubbock Oil and Gas Advisory Review Committee,
Motion by Council Member Karen Gibson, seconded by Council Member Jeff Griffith to
postpone this item indefinitely.
Vote: 6 - I Motion carried
NAY: Council Member Floyd Price
6:48 P.M. CITY COUNCIL ADJOURNED
,there being no further bLI.SilICSS to come bel"ore COLincil, Mayor Robertson adJourned
the meeting.
GLEN4, . ROBERTSON, MAYOR
ATTEST:
Reber a Garza, City Secret'41
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