HomeMy WebLinkAboutMinutes - City Council - Regular - 8/13/2015 CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
August 13, 2015
1:30 P. M.
The City Council of the City of Lubbock, Texas met in regular session on the 13th of August,2015,
in City Council Conference Room 103, City Hall, 1625 13th Street, Lubbock, Texas at 1:30 p. m.
1:30 P.M. CITY COUNCIL CONVENED
City Council Conference Room 103, 1625 13th 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 I-atrelle Joy; Council Member Floyd Price; City Manager James Loomis;
City Secretary Rebecca Garza; City Attorney Chad Weaver
Note: City Council addressed agenda items in lhe,t6lloiving order:
a Executive &. sion,- 1.1; E'.yecutive &.Fsion,- 3.1-3,4,- Cilizen Connnenis 4.1-4.2,- 5,1;
61-6.1.1; 6.4; 6.6-6.7; 6.10-6.15; 6.17,- 6.2-6.3; 6,5; 6.8-6.9; 6]6,' 7.1-71.7,- 7.9; 7.7-7.8;
7.10-7.14.
a Item 7.13 was postponed indefinitely.
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Item 7.7 wa.y adc1re.me(1fi)11oiih?g ifew 7.6, and again.1611mving item 7.9.
e herrn 7.14 vvetv deleted
1. Work Session - Items for presentations and discussions on such issues that may
require more in-depth consideration of the City Council than Regular Agenda item.
Action may be taken on a Work Session item if the item indicates to the public the
action to be taken.
1. 1. Discuss Storrnwater Utility Rates and possible amendments to the rate
structure, financing and debt obligation, including possible action to direct the
City Manager to conduct any additional analysis, review or study of the
current rate structure or possible amendments thereto, including possible
modifications to financing and debt structure.
City Council decided not to address this item.
2. Executive Session
The meeting recessed at 1:32 p.m. and reconvened in Executive Session under the
provisions of Section 5,51,Texas Government Code. The meeting was called back into
a public session at 2:14 p.m. The meeting then recessed again at 2:16 p.m. and was
called back into a public session at 5:15 p.m.
2. 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
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agreement and on matters in which the duty of the attorney Linder the Texas Disciplinary
Rules of Professional Conduct conflicts with Chapter 551.
2. 1. 1. Beek Steel, Inc. and;John C. Beck v. City of Lubbock, Texas, et al., Cause No.
2015-5 161,881, in the 2')7th District Court of Lubbock County, Texas.
2. 1. 2. No, 3094-2013- In the Municipal Court of the City of Lubbock, Texas- City of
Lubbock v. 191.3 Baylor Avenue.
2. 1. 3. Purchase Power Agreement
2. 1. 4. Lubbock Police Department probationary officer selection procedure and practice.
2. 2. Hold an executive session in accordance with the Texas Government Code, Section
551.072, to deliberate the purchase, exchange, lease, or value of real property,
2. 2. 1. Avenue 0 and 5th Street between Marsha Sharp F'reeway and Mac Davis Lane.
2. 2. 2. The Civic Center parking lot at Avenue 0 and Mac Davis Lane.
2. 3. Flold an executive session in accordance with the Texas Government Code,. Section
55 1.074, to discuss personnel matters.
2. 3. 1. City Attorney
2. 3. 2. City Manager
2. 3. 3. City Secretary
3. Proclamations and Presentations
3. 1. Invocation by Pastor Barry Stephens, Monterey Church of Christ
Pastor Barry Stephens., Monterey Church of Christ, led the invocation.
3. 2. Pledges of Allegiance
Pledges of Allegiance were given by those in Council Chambers to the United States and
Texas flags.
3. 3. Presentation of a Texas Healthy Communities Award to the City of Lubbock by the Texas
Department of State Health Services for being a Healthy Texas CorninUnity.
Mayor Pro Tern Jim Gerlt accepted a Texas Healthy Communities Award on behalf of the
City of Lubbock, Mayor, and the City Council. Cecily Brea, the Texas Healthy
Communities Program Coordinator appeared to present the award. She gave comments
and congratulated the City of Lubbock.
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3. 4. Presentation of a Special Recognition to the Texas Tech Health Sciences Center, Larry
Combest Community Health and Wellness Center in recognition of National Health Center
Week.
Mayor Pro Tern Jim Gerlt presented a special recognition to the Texas Tech Health
Sciences Center, Larry Combest Community Health and Wellness Center. Dr. Linda
McMurry, Executive Director of the Larry Combest Center; Michelle Hunter, Wendy
Thai, and other staff members, appeared to accept the recognition. Dr. McMurry gave
comments and thanked the Mayor and City Council,
4. Citizen Comments-Pursuant to City Council Resolution 2014-80320, 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:Public Comments Sign-1.J12 Form 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.
4. 1. Ysidro Gutierrez will appear before the City Council to discuss FY 2015-16 Operating
Budget.
Ysidro Gutierrez appeared before the City Council to discuss FY 2015-16 Operating
Budget in regard to debt and taxes.
4. 2. Mikel Ward will appear before the City Council to discuss FY 2015-16 Operating Budget,
tax work session and Storinwater Uti I ity Rates itern 1.1.
Mikel Ward appeared before the City Council to discuss FY 2015-16 Operating Budget in
regard to taxes and Storrn�later rates.
5. Minutes
5. 1. June 16, 2015 Special City Council Meeting (Electric Utility Board)
June 30, 2015 Special City Council Meeting (Electric Utility Board)
July 9, 2015 Meeting Regular City Council
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Motion by Council Member Karen Gibson, seconded by Council Member Floyd Price to
approve the June 16, 2015 Special City Council Meeting (l.",lectric Utility Board) minutes,
the June 30, 2015 Special City Council Meeting (Electric Utility Board) minutes, and the
July 9, 2015 Regular City Council Meeting minutes.
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Vote: 7 - 0 Motion carried
6. 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 Gerit to
approve items 6.1-6.1.1: 6.4-- 6.6-6.7-- 6.10-6.15; and 6.17.
Vote: 7 - 0 Motion carried
6. 1. Budget Amendment Ordinance 2nd Reading - Finance: Ordinance No. 2015-00073,
Amendment 28, amending the FY 2014-15 budget for Municipal purposes respecting the
Grant Fund to accept and appropriate funding from the Texas Department of Public Safety
for the Emergency Management Preparedness Grant; respecting the General Fund by
decreasing the transfer to the Grant Fund; providing for filing- and providing for a savings
clause.
6. 1. 1. Resolution - Emergency Management: Resolution No. 2015-RO240 approving
and ratifying the signature of the City Manager for and on behalf of the City
of Lubbock for Sub-Recipient Grant Agreement 12.463 (TDEM Grant No.
15TX-EMPG-0944) and any associated documents by and between the City
of Lubbock and the Texas Division of Emergency Management.
6. 2. Budget Amendment Ordinance 1st Reading-Finance: Ordinance No. 2015-00077,
Amendment 29, amending the FY 2014-15 Budget for Municipal Purposes respecting the
Grant Fund to accept and appropriate funding from the Texas Department of State Health
Services lor the Immunization Branch - Locals Grant, the Texas Department of
Transportation for the Selective '"fraffic Enforcement Program (STEP) Comprehensive
Grant and the Safety City -Teaching Kids to be Street Smart Grant,the Texas Department
of Housing and Community Affairs for the Community Services Block Grant and
respecting the General Fund to increase the transfer to the Grant Fund and reduce the
Police Department Operating Budget, providing for filing and providing for a savings
clause.
Motion by Mayor Pro Tern Jim Gerit, seconded by Council Member Floyd Price to
approve Ordinance No. 2015-00077.
Vote: 6 - 0 Motion carried
Other: Council Member Victor Hernandez(RECUSE)
6. 3. Budget Amendment Ordinance Ist Reading - Finance: Ordinance No. 2015-00078,
Amendment 30, amending the FY 2014-15 Budget for municipal purposes respecting the
Criminal Investigation Special Revenue Fund,
providing for filing and providing For a
savings clause.
Jerry Brewer, Interim Chief of Police, gave comments and answered questions from City
Council.
Motion by Council Member Floyd Price, seconded by Mayor Pro Tern,Jim Gerlt to
approve Ordinance No. 2015-00078.
Vote: 7 - 0 Motion carried
6. 4. Resolution -Aviation: Resolution No. 2015-80241 authorizing the Mayor to execute
Amendment 2 to contract 12234 with RS&H. Inc. for the Concept and Design Phase
Services for various projects at Lubbock Preston Smith International Airport, RFP
15-12147-MA.
6. S. Resolution —Water Utilities: Resolution No. 2015-R0251 authorizing the Mayor to
execute Change Order I to Contract 12218 with Utility Contractors of America, Inc., for
South Lubbock Sanitary Sewer Extension Phase 11 Capital Improvements Project.
Wood Franklin, City Engineer. gave ave comments and answered questions fromCity Council,
Motion by Mayor Pro Tern Arn Gerlt, seconded by Counci I Member Jeff Griffith to
approve Resolution No. 201.5-8025 1.
Vote: 7 -0 Motion carried
6. 6. Resolution - Wastewater Utilities: Resolution No. 2015-80242 authorizing the Mayor
to execute contract 12400 with Mesa Pivot Irrigation, Inc. for Center Pivot Replacement,
ITB 15-12400-SS.
6. 7. Resolution - Stormwater: Resolution No. 2015-R0243 authorizing the Mayor to
execute an amendment to a Professional Services Conti-act with Parkhill Smith and
Cooper, Inc., contract 12041 to provide professional engineering set-vices for Phase 2 of
the Northwest Lubbock Drainage Improvements Project.
6. 8. Resolution - Facilities: Resolution No. 2015-R02.52 authorizing the Mayor to execute
contract 12373 with Bigge Crane and RiggintD Co_ ofl-louston. Texas for the installation
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and lease of a temporary exterior construction elevator at Citizen's Tower (the Former
Omni Building Complex) located at 1208 14th Street, Lubbock, Texas 79401, RFP
15-12373-MA.
Wes Everett, Director of Facilities Management, gave comments and answered questions
from. City Council.
Motion by Council Member Floyd Price, seconded by Mayor Pro Tern Jim Gerlt to
approve Resolution No. 2015-80252.
Vote: 7 - 0 Motion carried
6. 9. Resolution - Facilities: Resolution No. 2015-80253 authorizing the Mayor to execute
contract 12534 with AMX Environmental Ltd, of Dallas, Texas for the asbestos and mold
abatement of the Citizen's Tower Complex (the foriner Otani Building) located at 1208
14th Street Lubbock, Texas RFP 15-12354-MA.
Wes Everett, Director of Facilities Management; and James Loomis, City Manager, gave
corninents and answered questions from City Council.
Motion by Council Member Floyd Price, seconded by Mayor Pro Tem Jim Gerlt to
approve Resolution No. 201.5-8.0253.
Vote.- 7 - 0 Motion carried
6. 10. Resolution - Information Technology: Resolution No. 2015-80244 authorizing the
Mayor to execute purchase order contract 33000641 with Dell Marketing LP for the
purchase of desktop computers, monitors and laptop computers.
6. 11, Resolution -Telecommunications: Resolution No. 2015-80245 authorizing the Mayor
to execute contract 12365 with Lubbock Radio Paging, Inc, dba Stenocall for after hours
call answering services, ITB 15-12365-DGB,
6. 12. Resolution -Fleet Services: Resolution No. 2015-80246 authorizing the Mayor to
execute purchase order contract 23103313 with Freightliner of Austin for a high velocity
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combination hydro-cleaner and positive displacement pump vacuum unit (Vac Con)for
Wastewater Collection.
6. 13. Resolution- Fleet Services: Resolution No. 2015-80247 authorizing the Mayor to
execute Purchase order contract 31024158 with Grapevine Dodge Chrysler Jeep of
Dodge
Grapevine, Texas for two-3500 crew cab chassis vehicles for Paved Street Department.
6. 14. Resolution - Fleet Services: Resolution No. 2015-RO248 authorizing, the Mayor to
execute purchase order contract 28 100021 with Associated Supply Company, Inc. for a
Case backhoe loader 590SN 2-wheel drive for the CeMelery.
6. 15. Resolution - Fleet Services: Resolution No. 2015-80249 authorizing the Mayor to
execute purchase order contract 31023992 with Warren Cat for a 627K wheel scraper for
Solid Waste Disposal.
6. 16. Resolution - Public Information: Resolution No. 2015-80254 authorizing the Mayor to
execute contract 12')23) with RD Thornas; and consider a resolution authorizing the mayor
to execute contract 124')6 with Loomis Agency, for advertising and marketing services,
RFP 15-12323-MA.
Jeff McKito, Public Information and Marketing Manager, gave comments and answered
CILICStiOnS fl-0111 City Council.
Main Motion by Council Member Floyd Price, seconded by Council Member Karen
Gibson to approve Resolution No. 2015-00254.
Amendment by Council Member Karen Gibson, seconded by Mayor Pro Tern Jin]
Gerit to accept contract 12323 with RD Thomas, and reject contract 12436 with Loomis
Agency.
Vote on Amendment
Vote: 7 - 0 Motion carried
Vote on Main Motion as Amended
Vote: 7 - 0 Motion carried
6. 17. Resolution - Police: Resolution No. 2015-RO250 authorizing the Mayor to execute a
Memorandum of Understanding (MOU) for Law Enforcement Services by and between
the City of Lubbock and Texas Tech University.
7. Regular Agenda
7. 1. Public Hearing at 5:30 p.m.-Finance: Hold a public hearing to consider an ordinance
to levy the 2015 assessment for the North Point Public Improvement District (PID), the
boundary of which includes the area between Erskine and UrSUline, and between Nolill
Quaker to a line cast of Frankford.
Public Hearing only.
Mayor Robertson opened the public hearing at 5-52 p,in,
No one appeared to speak in opposition.
Jack Benton, President of the North Point Public Improvement District(PID). appeared to
speak in favor.
Mayor Robertson closed the public hearing at 5:53 p.m.
7. 2. Ordinance Ist Reading- Finance: Ordinance No, 2015-00079 reviewing
classifications for the methods of assessing special benefits for the services and
improvements of property in the North Point Public Improvement District(PID);
approving, adopting, and filing with the City Secretary, the Assessment Roll; closing the
hearing and levying assessments based on the revised Service Plan for the cost of certain
services and/or improvements to be provided in the District during FY 2015-16.
Jack Benton, President of the North Point Public Improvement District(PID), Gave
comments and answered questions from City Council.
Motion by Council Member Floyd Price, seconded by Council Member Latrelle Joy to
approve Ordinance No. 2015-00079.
Vote: 7 - 0 Motion carried
7. 3. Public Hearing at 5:30 p.m. -Finance: I-Iold a public hearing to consider all ordinance
to levy the 2015 assessment for the North Overton Public Improvement District(PID), the
boundary of which includes a portion of the area between Fourth Street on the north,
Avenue Q to the east, Broadway on the south, and University Avenue to the west.
Public Hearing only.
Mayor Robertson opened the public hearing at 5:56 p.m.
No one appeared to speak in favor or opposition.
Mayor Robertson closed the public hearing at 5:57 p.m.
7. 4. Ordinance Ist Reading- Finance: Ordinance No. 2015-00080 reviewing
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classifications for the methods of assessing special benefits for the services and
improvements of property in the North Overton Public Improvement District (PID);
approving, adopting, and filing with the City Secretary, the Assessnient Roll; closing the
hearing and levying assessments based on the revised Service Plan for the cost of certain
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services and/or improvements to be provided in the District during FY 2015-16.
Motion by Council Member Karen Gibson, seconded by Council Member Floyd Price to
approve Ordinance No. 2015-00080.
Vote: 7 - 0 Motion carried
7. 5. Public Hearing at 5:30 pan. -Finance: Hold a public hearing to consider an ordinance
to levy the 2015 assessment for the Quincy Park Public Improvement District(PID), the
boundary of which includes the area bounded by portions of 88th and 98th Street on the
north, Upland Avenue on the west, 98th Street on the south, and Quincy Avenue on the
east.
Public Hearing only.
Mayor Robertson Opened the public hearing at 5:58 p.m.
No one appeared to speak in favor or opposition.
Mayor Robertson closed the public hearing at 5:58 p.m.
7. G. Ordinance Ist Reading - Finance: Ordinance No. 2015-00081 reviewing
classifications for the methods of assessing special benefits for the services and
improvements of property in the Quincy Park Public Improvement District(PID);
approving, adopting, and filing with the City Secretary, the Assessment Roll; closing the
hearing and levying assessments based on the revised Service Plan for the cost of certain
set-vices and/or improvements to be provided in the District during FY 2015-16.
Motion by Council Member Karen Gibson, seconded by Council Member Jeff Griffith to
approve Ordinance No. 2015-00081.
Vote: 7 - 0 Motion carried
7. 7. Public Hearing 5:30 pan. -Finance: liold a public hearing to consider the 2015
assessment rate for the Valencia Public Improvement District (PID), generally bounded by
85th Street on the north, 88th Place on the south,, Iola Avenue on the east, and Milwaukee
Avenue on the west.
Public Hearing only.
Cheryl Brock, Budget Director; and Linda Charriales, Economic Development Attorney,
gave comments and answered questions fi-orn City Council.
Mayor Robertson opened the public hearing at 5:59 p.m.
Bernie Orsini appeared to speak in opposition and answered questions from City
Council.
No one appeared to speak in favor.
Mayor Robertson closed the public hearing at 6:30 p.m.
Motion by Council Member Karen Gibson, seconded by Mayor Pro 'rem Jim Gerlt
to approve the requested change as a result of the opposition of Mr. Bernie Orsini.
*See note,
Motion by Mayor Pro Tern Jim Gerlt, seconded by Council Member Latrelle Joy to
table this item.
Vote: 7 - 0 Motion carried
Motion by Council Member Karen Gibson, seconded by Council Member Jeff
Griffith to bring this item off of the table.
Vote: 7 - 0 Motion carried
*Note: Mr. Orsini withdrew his challenge after getting clarification from city staff;
therefore, no vote was taken on the motion to approve the requested change.
Motion by Council Member Floyd Price, seconded by Council Member Karen
Gibson to approve the proposed assessment rate. (Ordinance No. 2015-00082)
Vote: 7 - 0 Motion carried
Ordinance 1st Reading -Finance: Ordinance No. 2015-00082 reviewing
classifications for the methods of assessing special benefits for the services and
improvements of property in the Valencia Public Improvement District (PID); approving,
adopting, and filing with the City Secretary the Assessment Roll; closing the hearing and
levying assessments based on the Service Plan for the cost of certain services and/or
improvements to be provided in the PID during FY 2015-16.
Motion by Council Member Floyd Price, seconded by Council Member Karen Gibson to
approve Ordinance No. 2015-00082.
Vote: 7 - 0 Motion carried
7. 9. Resolution -Finance: Resolution No. 2015-80255 - Discussion concerning property tax
rates and impact g it may have on City operations,the FY 2015-16 Operating g Budget and
Capital Program and Resolution No. 2015-RO255 adopting a proposed tax rate that will
result in additional revenues as outlined in the Tax Code of the State of Texas, and setting
the dates for public hearings to discuss the proposed tax rate.
Cheryl Brock, Budget Director, gave comments and answered questions from City Council,
Main Motion by Council Member Floyd Price, seconded by Council Mernber.leff
Griffith to approve Resolution No. 2015-00255, and set the public hearings for August
27, 2015 at 5:30 p.m. and September 2, 2015 at 12:00 p.m.
Amendment by Council Member Latrelle Joy, seconded by Council Member Victor
1--lernandez to adopt the proposed property tax rate at $0.56573 per$100 valuation rather
than $0.53)582 per$100 valuation.
Vote on Amendment
Vote: 4 -3 Motion carried
NAY: Mayor Glen C. Robertson
Council Member Karen Gibson
Council Member Jeff Griffith
Vote on Main Motion as Amended
Vote: 4 -3 Motion carried
NAY: Mayor Glen C. Robertson
Council Member Karen Gibson
Council Member Jeff'Griffith
7. 10. Ordinance 2nd Reading—Planning: Ordinance No. 2015-00074. for Zone Case
3003-F, a request of Hugo Reed and Associates, Inc,, for Bunt Holdings, LLC, for a
zoning change from Garden Office (GO) and A-I to GO on 0.3 acres of unplatted land out
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of Block AK, Section 21, south of 98th Street and West Of Justice Avenue,
Motion by Council N/lember Karen Gibson, seconded by Council Member Jeff Griffith to
approve Ordinance No. 2015-00074.
Vote: 7 - 0 Motion carried
7. It. Ordinance 2nd Reading—Planning: Ordinance No. 2015-00075, for Zone Case
2173-1, a request of Robert Campbell, for BH Estate, LLC, For a zoning change from C-3
to C-4 on Tract CI A1, Whisperwood Addition, 5402 4th Street.
Dennis Carrizales, Senior Planner, gave comments and answered questions from City
Council.
Motion by Mayor Pro Tern Jim Gerlt, seconded by Council Member Floyd Price to
approve Ordinance No. 2015-00075.
Vote, 7 - 0 Motion carried
7. 12. Ordinance 2nd Reading— Planning: Ordinance Pilo. 2015-00076jor Zone Case
1657-C, a request of David Wood. for The QUe Lubbock, for a zoning change frorn C-3 to
CB-3 Specific Use for a mixed use building, apartments and conirnercial, with reduced
parking; on Lots 8 through 12 and the east 21.92 feet lot I3, of Block 8, McCrurni-nen 2nd
Addition, 2 101 Avenue Q.
Andrew Paxton, Director of Planning, gave coninients and answered questions frown City
Council.
Motion by Council Mernber Floyd Price, seconded by Council Mernber Jeff Griffith to
approve Ordinance No. 2015-00076.
Vote: 7 - 0 Motion carried
7. 13. Board Appointments - City Secretary: Consider nine appointments to the City of
Lubbock Oil and Gas Advisory Review Cominittee (ARC).
This item was postponed indefinitely.
Motion by Council Mernber Karen Gibson, seconded by Council Mernber Victor
Hernandez to postpone this item indefinitely.
Vote: 7 - 0 Motion carried
7. 14. Board Appointments- City Secretary: Consider naming the Chairperson of the Oil and
Gas Advisory Review Committee.
This item was deleted.
6:37 P.M. CITY COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Robertson adjourned
the meeting.
GLEN C./AbBERTSON.. MAYOR
ATTEST:
R a,
Rebecc Garza, City Secretary