HomeMy WebLinkAboutMinutes - City Council - Regular - 02/11/2016 CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
February 11, 2016
2:30 P. M.
The City Council of the City of Lubbock,Texas met in regular session on the I I th of February,
2016, in City Council Chambers, City Hall, 1625 13th Street, Lubbock,Texas at 2:30 p. M.
2:30 P.M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock,Texas
Present: Mayor Glen C. Robertson; Mayor Pro Terri 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 Loornis;
City Secretary Rebecca Garza; City Attorney Chad Weaver
Note.- City Council addressed agenda items in thefollowing order:
*ExecutiveSe.sion; 2.1-2�7; Citizen Comments (Sign-uj)s) 3.1; 4 1; 5.1-5.3; 5.5-5.11; 5.14"
5.16-5.18; 5.20; 6.8-6.9; 5.4; 5.12-5.13; 5.15; 5.19; 5.21; 6.1-6.3; 6.5-6.7; and 64
0 Item 5.20 this item ivas discussed, however, action eras postponed to the February 16, 2016
,Special City Council 1feeting
0 Item 6.4 was postponed to the February 25, 2016 Regular Citta Council Meetin,;r
1. Executive Session
The meeting recessed at 2:30 p.m. and reconvened in Executive Session 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 contcrnplated litigation or settlement agreement and
0
on niatters in which the duty of the attorney under the Texas Disciplinary Rules of
Professional Conduct conflicts with Chapter 551.
1. 1. 1. Raquel Davis v. City of Lubbock, Cause No, 2014-513,894., in the 72nd District Court,
Lubbock County, Texas.
1. 1. 2. City of Lubbock, Purchase Order Contract No. 31015556 with Equipment Southwest.
1. 2. Hold an executive session in accordance with Texas Government Code, Section 55 1.076, to
discuss the deployment, or specific occasions for implementation, of security personnel or
devices or a security audit.
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February 11,2016
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1. 3. Hold an executive session in accordance with the Texas Government Code, Section 551.074,
to discuss personnel matters.
1.3. 1. City Attorney
1. 3. 2. City Manager
1.3. 3. City Secretary
2. Proclamations and Presentations
2. 1. Invocation by Pastor Wesley Bygel, Lubbock Baptist Temple
Pastor Wesley Bygel, Lubbock Baptist Temple, 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 declaring February 14th -20th as LULAC Week in
Lubbock.
Council Member Victor Hernandez presented a special recognition declaring February 14th -
20th as LULAC Week in Lubbock. He gave information on LULAC and their upcoming
events.
2. 4. Presentation of a Special Recognition for Career and Technical Education Month in February.
Council Member Victor Hernandez presented a special recognition for Career and Technical
Education Month in February. Jill Berset, Lubbock Independent School District Career and
Technical Education (CTE) Director,., teachers, and several CTE Students, appeared to accept
the recognition.
2. 5. Presentation of a Special Recognition to the Daughters of the American Revolution for their
Good Citizen Award which recognizes high school women.
Council Member Latrelle Joy presented a special recognition to the Daughters of the
American Revolution for their Good Citizen Award, Mrs. Jackie Harland, Regent of the
Nancy Anderson Chapter of the Daughters of the American Revolution (DAR), and several
Good Citizen Program members, appeared to accept the recognition. Mrs. Harland gave
comments and thanked the Mayor and City Council.
2. 6. Presentation of a Special Recognition to the Texas Society of Professional Engineers
declaring February 21-27 as National Engineer's Week.
Council Member Latrelle Joy presented a special recognition to the Texas Society of
Professional Engineers declaring February 21-27 as National Engineer's Week.
Heather Meister, President of the South Plains Society of Professional Engineers;
Wood Franklin, Director of Public Works; and Mike Keenuni, City Engineer, appeared to
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February 11,2016 Page 3 of 10
accept the recognition,
2. 7. Board Recognitions: Presented by Council Member Latrelle Joy
Central Business District Tax Increment Financing Zone Board of Directors:
Linda Charnales
Community, Development and Services Board:
Charlotte McCarty (unable to attend)
Health and Educational Facilities Development Corporation:
Cory Church (unable to attend)
Urban Design and Historic Preservation Commission:
Dallas Ward (unable to attend)
Zoning Board of Adjustment:
Stace Jones
Ruben Young (unable to attend)
3. 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-Up 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.
3. 1. Sipm-LIPS:
• Richard Parks and Dr. Craig D, Rhyne appeared before the City Council to speak in
opposition of item 5.20 (Interlocal Agreement for Emergency Medical Services).
• Lana Moore appeared before the City Council to speak in opposition of item 6.4 (Zone
Case 2740-A).
®Jeff Hill and David Allison appeared before the City Council to speak in favor of item
5.20 (Interlocal Agreement for Emergency Medical Services).
4. Minutes
4. 1. December 15, 2015 Special City Council Meeting (Electric Utility Board)
December 17, 2015 Regular City Council Meeting
Motion by Council Member Floyd Price,seconded by Mayor Pro Tern Jim Gerlt to approve
the December 15, 2015 Special City Council Meeting (Electric Utility Board) minutes and the
December 17, 2015 Regular City Council Meeting minutes.
Vote; 7 -0 Motion carried
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February 11,2016 Page 4 of 10
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 Mayor Pro Tern Jim Gerlt, seconded by Council Member Jeff Griffith to approve
items 5.1-5.3; 5.5-5.11; 5.14; and 5,16-5,18.
Vote: 7 - 0 Motion carried
5. 1. Budget Amendment Ordinance 2nd Reading- Finance: Ordinance No. 2016-00013,
Amendment 12, amending the FY 2015-16 budget for municipal purposes respecting the
Capital Program to amend Capital hi-iprovement Project (CIP) 92248, Street Maintenance
Program; and respecting the General Fund to increase the transfer to CIP; providing for filing;
and providing for a savings clause.
5. 2. Budget Amendment Ordinance 1st Reading- Finance: Ordinance No. 2016-00022,
Amendment 13, amending the FY 2015-16 budget for municipal Purposes respecting the
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General Fund to amend expenditures for the purchase of the Fire Marshal's office building
located at 1601 Mac Davis Lane; providing-, for filing; and providing for a savings clause.
5. 3. Budget Amendment Ordinance 1st Reading - Finance: Ordinance No. 2016-00023,
Amendment 14, amending the FY 2015-16 budget for municipal purposes respecting the
Capital Program to amend Capital Improvement Project (CIP) 92217, 34th Street Reconstruct
- Quaker Avenue to Avenue Q; and CIP 92420, 34th Street- Quaker Avenue to Slide Road;
providing for filing; and providing for a savings clause,
5. 4. Budget Amendment Ordinance 1st Reading-Finance: Ordinance No. 2016-00025,
Amendment 15, amending the FY 2015-16 budget for municipal purposes respecting the
Grant Fund to accept and appropriate funding from the Texas Department of Housing and
Community Affairs (TDHCA) for the Comprehensive Energy Assistance Program (CEAP)
Grant and the Community Services Block Grant(CSBG); 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. 2016-00025.
Vote: 6 - 0 Motion carried
Other: Council Member Victor Hernandez(RECUSE)
5. 5. Resolution - Finance: Resolution No. 2016-80048 approving
g the amended North Overton
Tax Increment Financing Reinvestment Zone (North Overton TIF) Bylaws, as reviewed and
recommended by the North Overton TIF Board of Directors.
5. 6. Resolution - Finance: Resolution No. 2016-80049 approving the amended Lubbock
Business Park (LBP)Tax Increment Financing Reinvestment Zone (TIF) Bylaws, as reviewed
and recommended by the Lubbock Business Park TIF Board of Directors.
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February 11,2016 Page 5 of 10
5. 7. Ordinance 2nd Reading— Right-of-Way: Ordinance No. 2016-00011 abandoning and
closing a 25-foot wide LP&L overhead electrical line easement and a portion of another
25-foot wide Lubbock Power and Light (LP&L) overhead electrical line easement both
located in Lot 2, Plains Cooperative Oil Mill Addition Lubbock County, Texas, easement
located at 202 Coronado Dr.
5. 8. Ordinance 1st Reading—Right-of-Way: Ordinance No. 2016-00024 abandoning and
closing a I0-foot wide Lubbock Power and Light (LP&L) power line easement located in
Tract 30-C,Nor-Don Addition Lubbock County, Texas, easement located at 4633 50th Street.
5. 9. Resolution - Public Works Engineering: Resolution No. 2016-80050 authorizing the
Mayor to execute Amendment I to contract 11.746 for engineering construction phase services
with Parkhill, Smith & Cooper, Inc. for the reconstruction of 34th Street from Indiana Avenue
to Quaker Avenue.
5. 10. Resolution—Public Works Engineering: Resolution No. 2016-80051 authorizing the
Mayor to execute Change Order 3 to contract 11709 with Utility Contractors of America, Inc.,
for the South Lubbock Sanitary Sewer Extension Phase I/B Capital Improvements ProJect.
5. 11. Ordinance 2nd Reading—Environmental Health: Ordinance No. 2016-00014 amending
Article 8.16 of the Code of Ordinances for the adoption of the Texas Food Establishment
Rules, permitting food establishments and the certification of food managers.
5. 12. Resolution - Community Development: Resolution No, 2016-80057 authorizing the Mayor
to execute an application confirming that the City of Lubbock is in support of the proposed
9% Housing Tax Credit(1-ITC)to be submitted to the Texas Department of Housing and
Community Al."I"airs (TDHCA) for the Estacado Place development which will be located at
10000 block of Upland Avenue, Lubbock, Texas.
Motion by Council Member Karen Gibson, seconded by Council Member Victor
Hernandez to approve Resolution No. 2016-80057 by way of the substitute version of the
resolution which allows the City of Lubbock to commit a de minimis amount of funding for
the Development, which may be in the form of a fee waiver, or other in-kind contributions.
Vote: 6 - I Motion carried
NAY: Mayor Glen C. Robertson
5. 13. Resolution-Community Development: Resolution No. 2016-80058 authorizing the Mayor
to execute an application confirming that the City of Lubbock is in support of the proposed
9% Housing Tax Credit(HTC) to be Submitted to the Texas Department of Housing and
Community Affairs (TDI-ICA) for The Villas development which will be located at 5804 98th
Street, Lubbock. Texas.
Chad Weaver, City Attorney-, and Bill Ho,,verton, Assistant City Manager, gave comments and
answered questions fi-om City Council.
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February 11,2016 Page 6 of 10
Motion by Council Member Karen Gibson, seconded by Council Member Jeff Griffith to
approve Resolution No. 2016-80058 by way of the substitute version of the resolution which
allows the City of Lubbock to commit a de rninimis amount of funding for the Development,
which may be in the form of a fee waiver, or other in-kind contributions.
Vote: 6 - I Motion carried
NAY: Mayor Glen C. Robertson
5. 14. Resolution- Community Development: Resolution No. 2016-R0052 authorizing the Mayor
to execute contract 127')4 between City of Lubbock and Lubbock Habitat for Humanity for
infrastrUCture in the Talkington subdivision, Lubbock, Texas.
5. 15. Resolution -Libraries: Resolution No. 2016-R0059 designating the Family Learning Center
at the Patterson Branch Library as the Helen Viser-Fitzgerald Family Learning Center.
Motion by Council Member Victor Hernandez, seconded by Mayor Pro Tern Jim Gerlt to
approve Resolution No. 2016-R0059.
Vote. 7 - 0 Motion carried
5. 16. Resolution - Fleet Services: Resolution No. 2016-80053 authorizing the Mayor to execute
purchase order contract 31025836 with Altec Industries for an aerial truck with utility bed for
Traffic Operations.
5. 17. Ordinance 2nd Reading- City Secretary: Ordinance No. 2016-00012 ordering the 2016
Regular Municipal Election of the City of Lubbock to be held May 7, 2016.
5. 18. Resolution - .Aviation: Resolution No. 2016-80054 ratifying purchase order 25100653 with
Record USA of Monroe,North Carolina for the FlipFlow Door Installation at Lubbock
Preston Smith International Airport.
5. 19. Resolution - Police: Resolution No. 2016-80060 authorizing the Chief of Police to execute a
Memorandum of Understanding(MOU) for the placement of a medication Drop Box by and
between the City of Lubbock and Lubbock County VOICES Coal it ion/StarCare Specialty
Health Set-vices,
Greg Stevens, Chief of Police; and Teresa Alvarado, Community Coalition Program Director
for the Lubbock County VOICES Coalition, gave comments and answered questions from
City Council.
Motion by Council Member Floyd Price, seconded by Council Member Karen Gibson to
approve Resolution No. 2016-80060.
Vote: 7 - 0 Motion carried
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FebrLMI-y 11,2016 Page 7 of 10
5.20. Resolution —City Manager: Consider a resolution authorizing the Mayor to execute an
Amendment to that certain Interlocal Agreement between the City of Lubbock and the
Lubbock County Hospital District for emergency medical services, dated April 12, 1984.
This item was postponed.
Chad Weaver, City Attorney, David Allison, President and CEO of University Medical Center
(UMC); Dr. Craig Rhyne, Chief Medical Officer of Covenant Health Systern, David
Wilkerson, Chairman of the UMC Board of Managers; Richard Parks, CEO of Covenant
Health System; and Jeffrey Hill, Vice President of Support Services at UMC, gave comments
and answered questions from City Council.
Motion by Council Member Victor Hernandez, seconded by Council Member Floyd Price to
postpone this item and call a Special City Council Meeting for February 16, 2016 at 12:00
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p.m.
Vote: 7 - 0 Motion carried
5. 21. Resolution —Economic Development: Resolution No. 2016-80061 authorizing the Mayor
to execute an agreement with Monsanto Southern Production CO., LLC, Under section 212.172
of the Texas Local Government Code.
Motion by Council Member Floyd ?rice, seconded by Council Member Karen Gibson to
approve Resolution No. 2016-8006 1.
Vote: 6 - 0 Motion carried
Other: Mayor Glen C. Robertson (RECUSE)
6. Regular Agenda
6. 1. Ordinance 2nd Reading—Planning: Ordinance No. 2016-00015, for Zone Case 3274, a
request of Betenbough Homes for a zoning change from T'to R-1 Specific Use, C-3, C-2A,
and Garden Office (GO) on 157.57 acres of unplatted land out of Block E, Section 16, south
of I"30th Street., east of University Avenue.
Motion by Council Member Jeff Griffith, seconded by Council Member Floyd Price to
approve Ordinance No. 2016-00015.
Vote: 7 - 0 Motion carried
6. 2. Ordinance 2nd Reading— Planning: Ordinance No. 2016-00016, for Zone Case 3275, a
request of AMD Engineering, LLC, for RS Store.. LLC, for a zoning change from R-I to C-4
Specific Use for mini warehouses and all unconditionally permitted C-4 uses on 2.36 acres of
unplatted land including right-of-way out of Block D6, Section 2, 7902 19th Street and 1806
Alcove Avenue.
Motion by Council Member Jeff Griffith, seconded by Council Member Floyd Price to
approve Ordinance No. 2016-00016.
Vote: 7 - 0 Motion carried
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6. 3. Ordinance 2nd Reading—Planning: Ordinance No.2016-00017, for Zone Case 3172-A, a
request of Sheri White and Stanley and Kevin Sisson for a zoning change from C-4 to R-I on
Lot 11, Furgeson Addition, 7752 1 9th Street.
Motion by Council Member Jeff Griffith, seconded by Council Member Floyd Price to
approve Ordinance No. 2016-00017,
Vote: 7 - 0 Motion carried
6. 4. Ordinance 2nd Reading—Planning: Ordinance No. 2016-00018, for Zone Case 2740-A, a
request of Jonathan Martindale, for Arnerco Real Estate Company, for a zoning change from
C-4 to C-4 Specific Use for mini warehouses on Lots I and 2, McDonald Addition, and Lot A
and the balance of Lot 9, 2 less the SE 62 feet by 124 feet, Stubbs Subdivision, 3511 Avenue
Q and 3504 Avenue P.
This item was postponed.
Motion by Council Member Victor Hernandez, seconded by Council Member Floyd Price to
postpone this item to the February 25, 2016 Regular City Council Meeting.
Vote: 7 - 0 Motion carried
6. 5. Ordinance 2nd Reading—Planning: Consider Ordinance 2016-00019 for Zone Case
2911-B, a request of Hugo Reed and Associates, Inc., for Lubbock Crown Development,
LLC, for a zoning change from R-I Specific Use for reduced setbacks to R-I Specific Use for
Garden Homes on 3.7 acres of unplatted land out of Block E-2, Section 16, 10809 Slide Road.
Motion by Council Member Jeff Griffith, seconded by Council Member Floyd Price to
approve Ordinance No. 2016-00019.
Vote: 7 - 0 Motion carried
6. 6. Ordinance 2nd Reading—Planning: Consider Ordinance 2016-00020 for Zone Case
3 181-A, a request of Hugo Reed and Associates, Inc., for Michael Strickland, for a zoning
change from Garden Office (GO)to C-2 on 5 acres of unplatted land out of Block JS, Section
7, 5828 Erskine Street.
Motion by Council Member Jeff Griffith, seconded by Council Member Floyd Price to
approve Ordinance No. 2016-00020.
Vote: 7 - 0 Motion carried
6. 7. Ordinance 2nd Reading—Planning: Consider Ordinance 2016-00021 for Zone Case
2921-A, a request of Hugo Reed and Associates, Inc., for Tim and Cindy Sparkman, for a
zoning change from T, C-4, and C-4 Specific Use to C-4 on 18.7 acres of unplatted land out of
Block E-2, Section 16, 5202 114th Street, 10901 Slide Road, 11001 Slide Road, and 11109
Slide Road.
Motion by Council Member Jeff Griffith,seconded by Council Member Floyd Price to
approve Ordinance No. 2016-00021.
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February 11,2016 Page 9 of 10
Vote: 7 - 0 Motion carried
6. 8. Resolution -Accounting: Resolution No. 2016-80055 authorizing publication of Notices of
Intention to issue Tax and Waterworks System Surplus Certificates of Obligation and Electric
Light and Power System Revenue Bonds.
Matt Boles, Financial Advisor with RBC Capital Markets, gave a presentation and answered
questions from City Council.
Kevin Rule, Debt and Investments Analyst; Cheryl Brock, Budget Director James Loomis.
City Manager; Jerry V. Kyle, Jr., Bond Counsel; Chad Weaver, City Attorney; and Mark
Yearwood, Assistant City Manager, gave comments and answered questions from City
Council.
Main Motion by Mayor Pro Tern Jim Gerlt, seconded by Council Member Floyd Price to
approve Resolution No. 2016-R0055.
Subsidiat-v Motion by Council Member Victor Hernandez, seconded by Council
Member Latrelle Joy to amend the Notice of Publication by removing the $52.8 million
dollars of bond issuance (Omni Building and New Police Facility)from the notice of
publication, and to have an agenda item, for the Special Called City Council Meeting oil
February 16, 2016,to consider accepting the proposal and calling for a Special Bond
I".1ection to be held Concurrent with the May 7,2016 Regular Election.
Vote: 3 - 4 Failed
NAY: Mayor Pro Tem Jim Gerlt
Council Member Karen Gibson
Council Member Jeff Griffith
Council Member Floyd Price
Vote on Main Motion: 4 -3 Motion carried
NAY: Mayor Glen C. Robertson
Council Member Victor Hernandez
Council Member Latrelle Joy
6. 9. Resolution - Accounting: Resolution No. 2016-R0056 amending the intent to finance
expenditures to be incurred for various capital projects and equipment approved by the City
Council in the FY 2015-16 Budget and Capital Program and to reimburse itself from the
proceeds of obligations that will be issued after the expenditure of funds to pay costs of such
projects and equipment.
Kevin Rule, Debt and Investments Analyst, gave comments and answered questions from City
Council.
Motion by Mayor Pro Tern Jim Gerlt, seconded by Council Member Karen Gibson to approve
Resolution No. 2016-R0056.
Vote: 5 - 2 Motion carried
NAY: Mayor Glen C. Robertson
Council Member Victor Hernandez
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9:01 P.M. CITY COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Robertson adjourned the
meeting.
The February 11, 2016 Regular City Council Meeting minutes were approved by the City Council on
the 24th day of March, 2016.
GLEN C. R0B9RtSr0T ;,,'MAYOR.
ATTEST:
Rebecca Garza, City Secr".,tar