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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/18/2017 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING December 18, 2017 2:30 P.M. The City Council of the City of Lubbock,Texas met in regular session on the 18th of December, 2017,in City Council Committee Room 103,City Hall, 162513th Street,Lubbock,Texas at 2:30 p.m. 2:32 P.M. CITY COUNCIL CONVENED City Council Committee Room 103,City Hall, 162513th Street,Lubbock,Texas Present: Mayor Daniel M. Pope; Mayor Pro Tern Latrelle Joy; Council Member Juan A. Chadis; Council Member Karen Gibson; Council Member Jeff Griffith; Council Member Steve Massengale; Council Member Shelia Patterson Harris; City Manager W. Jarrett Atkinson; City Secretary Rebecca Garza; City Attorney Chad Weaver Note: City Council addressed agenda items in the following order: •1.1-1.2;Executive Session; 3.1-3.3; Citizen Comments (Sign-ups) 4.1; 5.1; 61-6.4; 6.6-6.8; 6.12-6.23; 6.5; 69.611; 7.1-7.4; 7.6-7'.11; 7.5;and 7.12-7,15, 1 Work Session -Items for presentation and discussion on such issues that may require more in-depth consideration by the City Council,than Regular Agenda items. Action may be taken on a Work Session item if the item indicates to the public the action to be taken. 1. 1. Presentation and discussion regarding Primary Compliance Management Documents at Lubbock Preston Smith International Airport. Jarrett Atkinson, City Manager, introduced this item,gave comments,and answered questions from City Council. Kelly Campbell,Director of Aviation, gave a presentation and answered questions from City Council. David Benner,with Aviation Management Consulting Group, gave comments and answered questions from City Council. 1.2. The City Council may discuss: 1)one or more Consent Agenda items that have been pulled from the Consent Agenda, pursuant to Resolution No.2015-80205;or 2) any item from the Regular Agenda,except an item that requires a public hearing. All public hearings will be held during consideration of the Regular Agenda.No action will be taken by the City Council during the Work Session. Regular City Council Meeting December 18,2017 Page 2 of 11 No items were discussed. 2. Executive Session The meeting recessed at 3:02 p.m. and reconvened in Executive Session under the provisions of Section 551,Texas Government Code.The regular meeting was called back into a public session at 5:25 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 agreement and on matters in which the duty of the attorney under the Texas Disciplinary Rules of Professional Conduct conflicts with Chapter 551. 2. 1. 1. Block A, Section 27,AB 32 TR AI &2, Lubbock County,Texas 2. 1. 2. Beck Steel, Inc. and Jahn C Beck v. City of Lubbock, Texas, Daniel M. Pope, W. Jarrett Atkinson, and Cheryl Brock in their respective official capacities of Mayor, City Manager, and Executive Director of Budget, Cause No. 2015-516,881 in the 237th District Court, Lubbock County,Texas. 2. 1. 3. Auditorium/Coliseum 2. 1. 4. Discuss Council Rules and amendments thereto 2. 1. 5. City of Lubbock Master Welfare Benefit Plan 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. Block A, Section 27, AB 32 TR A 1 &2, Lubbock County,Texas 2.2. 2. Public Safety Improvements Projects 2.2. 3. Auditorium/Coliseum 3. Proclamations and Presentations 3. 1. Invocation by Pastor David Haynes, Christ Temple Church of God in Christ Pastor David Haynes,Christ Temple Church of God in 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. Board Recognitions: Presented by Council Member Juan A. Chadis Libraries Board Henry Lozada Regular City Council Meeting December 18,2017 Page 3 of 11 4. Citizen Comments - Pursuant to City Council Resolution 2014-110320, any citizen wishing to appear before a regular meeting of the City Council shall: 1)Notify the City Manager's office of that fact, by 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 severity-rive (75) hours prior to the start of the meeting at which the citizen wishes to appear; or 2) sign up to speak at the City Council meeting itself, by completing the form provide(] at the meeting,with regard to any item posted oil the City Council agenda. 4. 1. Sign-ups: *Patrick Kelly appeared before the City Council to speak in opposition of itern 6.23 (Market Lubbock Economic Corporation), • Melanie Barnes, representing League of Women Voters, appeared before the City Council to voice her concerns regarding item 7.13) (Interim Future Land Use Plan) and provided a handout to Outline the concerns. • Mikel Ward appeared before the City Council to speak on items 6.23 (Market Lubbock Economic Corporation) and 7.15 (Public Safety Improvement Project 2017). 5. Minutes 5. 1. November 16, 2017 Regular City Council Meeting Motion by Council Member Karen Gibson, seconded by Council Member Jeff Griffith to approve the November 16, 2017 Regular City Council Meeting minutes. 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 Juan A. Chadis, seconded by Council Member Steve Massengale to approve items 6.1-6.4; 6.6-6.8; and 6.12-6.23). Vote: 7 - 0 Motion carried 6. 1. Budget Amendment Ordinance 2nd Reading- Finance: Ordinance No. 2017-00147, Amendment 4, amending the FY 2017-18 Budget for municipal purposes respecting the grant fund to accept and appropriate funding from the Office of the Governor for the Homeland Security Grant Program; providing for filing; and providing for a savings clause. C) 6. 1. 1. Resolution -Emergency Management: Resolution No. 2017-80468 accepting a State I-Iomeland Security Program grant in the amount of$51,996 to fund a Public Safety Dive Team sustainnient protect and designating the City Manager as the authorized official to act on behalf of the City of"Lubbock for all matters related to the grant. 6. 1. 2. Resolution - Fire: Resolution No. 2017-80469 authorizing the Mayor to execute Purchase Order Contract 100 19248 with Darkwater Vision LLC, for(4) Hammerhead Vision System Gen 6 cameras. Regular City Council Meeting December 18,2017 Page 4 of 11 6. 1. 3. Resolution -Emergency Management: Resolution No.2017-RO470 accepting a State Homeland Security Program grant in the amount of 564,300,to fund an Urban Search and Rescue sustainment project,and designating the City Manager as the authorized official to act on behalf of the City of Lubbock for all matters related to the grant. 6.2. Budget Amendment Ordinance 1st Reading-Finance: Ordinance No. 2017-00160, Amendment 5, amending the FY 2017-18 Budget for municipal purposes respecting the grant fund to accept and appropriate funding from the Lubbock Emergency Communication District(L1=CD)for the Public Safety Answering Points(PSAP)Grant;providing for filing; and providing for a savings clause. 6.3. Ordinance 2nd Reading--Right-of-Way: Ordinance No. 2017-00116 abandoning and closing portions of an underground utility easement and a garbage service easement located within Tract A, Wilshire Estates, Lubbock County,Texas. 6.4. Resolution-Right-of-Way: Resolution No.2017-80471 authorizing the Mayor to execute Lease Agreement 13838 with Elite Paint Ball Partnership, LLC,for the use of City-owned vacant land for a paint ball facility,4000 East 50th Street. 6.5. Resolution--Engineering: Resolution No.2017-RO485 authorizing the Mayor to execute Change Order No.4 to Contract 12048 with Eagle Contracting, L.P., for the construction of the Northwest Water Reclamation Plant. Mike Keenum,Division Director of Engineering/City Engineer, gave comments and answered questions from City Council. Motion by Council Member Steve Massengale, seconded by Mayor Pro Tem Latrelle Joy to approve Resolution No. 2017-110485. Vote: 7-0 Motion carried 6.6. Ordinance 1st Reading-Public Works Traffic Operations: Ordinance No. 2017-00161 amending Section 20.05.102 of the Code of Ordinances of the City of Lubbock,with regard to lowering the speed limit from 55 mph to 50 mph on Upland Avenue from 98th Street to 114th Street. 6.7. Ordinance 1st Reading-Public Works Traffic Operations: Ordinance No. 2017-00162 amending Section 20.05.103 of the Code of Ordinances of the City of Lubbock,with regard to the establishment of school zones for Ramirez Elementary,Lubbock Christian School,and Upland Heights EIementary. 6.8. Resolution--Engineering: Resolution No. 2017-80472 authorizing the Mayor to execute Contract 13819 with Deerwood Construction, Inc., for the construction of a new 8-inch sewer line located east of University Avenue between Auburn Avenue and 1st Street. Regular City Council Meeting December 18,2017 Page 5 of 11 6.9. Resolution—Engineering: Resolution No. 2017-RO486 authorizing the Mayor to execute Contract 13422 with Carollo Engineers, Inc., to provide professional services for the Southeast Water Reclamation Plant, Plant 3 Improvements. Mike Keenum, Division Director of Engineering/City Engineer;and Jarrett Atkinson, City Manager, gave comments and answered questions from City Council. Motion by Council Member Juan A.Chadis, seconded by Mayor Pro Tern Latrelle Joy to approve Resolution No.2017-R0486. Vote: 7- 0 Motion carried 6. 10. Resolution—Public Works Engineering: Resolution No.2017-RO487 authorizing the Mayor to execute Contract 13877 with Kimley-Horn and Associates, Inc., to provide professional services for the South Lubbock Sanitary Sewer Expansion, Phase 3 project. Mike Keenum, Division Director of Engineering/City Engineer; and Jarrett Atkinson, City Manager, gave comments and answered questions from City Council. Motion by Council Member Juan A. Chadis, seconded by Mayor Pro Tern Latrelle Joy to approve Resolution No. 2017-R0487. Vote: 7- 0 Motion carried 6. 11. Resolution—Engineering: Resolution No. 2017-80488 authorizing the Mayor to Execute Change Order No.I to the existing Construction Contract 12943 with CSA Constructors, Inc., for construction services associated with the North& South Water Treatment Plant Improvements. Mike Keenum, Division Director of Engineering/City Engineer; and Jarrett Atkinson,City Manager, gave comments and answered questions from City Council. Motion by Council Member Juan A. Chadis, seconded by Mayor Pro Tem Latrelle Joy to approve Resolution No. 2017-R0488. Vote: 7- 0 Motion carried 6. 12. Resolution-Community Development: Resolution No. 2017-RO473 authorizing and directing the Mayor to execute Contract 13471, and all related documents, between the City of Lubbock Community Development Department and the U. S. Department of Housing and Urban Development(HUD)for the Community Development Block Grant(CDBG). 6. 13. Resolution-Community Development: Resolution No.2017-80474 authorizing and directing the Mayor to execute Contract 13472 and all related documents between the City of Lubbock Community Development Department and the U. S. Department of Housing and Urban Development(HUD)for the Home Investment Partnerships Grant(HOME). 6. 14. Resolution -Community Development: Resolution No. 2017-RO475 authorizing and directing the Mayor to execute Contract 13473,and all related documents,between the City of Lubbock Community Development Department and the U. S. Department of Housing and Urban Development(HUD)for the Emergency Solutions Grant(ESG). Regular City Council Meeting December 18,2017 Page 6 of 11 6. 15. Resolution -Health Benefits: Resolution No. 2017-RO476 approving the City Master Welfare Benefit Plan and Benefit Plan Document, and authorizing the Mayor to execute all documents related to such. 6. 16. Resolution -Health Benefits: Resolution No. 2017-80477 authorizing the City Manager to establish a Health Reimbursement Arrangement(HRA) Plan Document,and authorizing the Mayor to execute all documents related to such. 6. 17. Resolution -Fleet Services: Resolution No.2017-RO478 rejecting all bids for a Hydraulic Excavator,to be used in Water Utilities Department,pursuant to ITB I8-I3686-SG. 6. 18. Resolution -Parks and Recreation: Resolution No.2017-80479 authorizing the Mayor to execute a License Agreement Extension with the National Windmill Project, Inc. (NWP) for an additional ten years,to continue to operate the windmill museum. 6. 19. Resolution -Parks and Recreation: Resolution No.2017-RO480 authorizing the Mayor to execute Contract 13874 with Texas Industries for the Blind and Handicapped (TIBH)and their local partner,Marian Moss Enterprises,for litter control at municipal baseball fields, softball fields, and park facilities throughout the City of Lubbock. 6.20. Resolution -Parks and Recreation: Resolution No.2017-RO481 authorizing the Mayor to execute Contract 13839 with Gorman Outdoor Inc.,for fertilization of various parkland and fire station properties. 6.21. Resolution -Police: Resolution No.2017-RO482 authorizing the Mayor to execute Task Force and Asset Forfeiture Sharing agreements with the United States Department of Justice Drug Enforcement Administration for participation in the Lubbock High Intensity Drug Trafficking Area Task Force. 6.22. Resolution -City Secretary: Resolution No.2017-80483 authorizing the Mayor to execute an amendment to Contract 11699, which is a Service Agreement with MCCi LLC, for the current Document Management System. 6.23. Resolution -Business Development: Resolution No.2017-RO484 approving a program or expenditure of Market Lubbock, Inc., to be provided to Western Bank,pursuant to Article IV, Section 5 of the Amended and Restated Bylaws of Market Lubbock Economic Corporation. 7. Regular Agenda 7. 1. Ordinance 2nd Reading —Planning: Ordinance No.2017-00148,for Zone Case 1600-B, a request of Lenora K. Ask,AIA,for Murat Brati,for a zoning request from CB-2(Central Business District, Broadway/I 3th/Main)to CB-2 Specific Use,for a food truck court on Lots 1-5, Block 11,Overton Addition, 1701 through 1705 Broadway,and 1210-1216 Avenue Q. Karya Copeland,Planner, gave comments and answered questions from City Council. Motion by Council Member Karen Gibson, seconded by Council Member Steve Massengale to approve Ordinance No.2017-00148. Regular City Council Meeting December 18,2017 Page 7 of 11 Vote: 7- 0 Motion carried 7.2. Ordinance 2nd Reading —Planning: Ordinance No. 2017-00149, for Zone Case 2911-C, a request of AMD Engineering,LLC, for Edge Concepts,for a zoning change from A-2 (High-Density Apartment) limited to church and church related uses, to A-2(High-Density Apartment) and R-1 (Single-Family) Specific Use for townhomes,on 6.59 acres of unplatted land out of Block E-2, Section 16, 10911 Slide Road. Motion by Council Member Karen Gibson, seconded by Council Member Steve Massengale to approve Ordinance No. 2017-00149. Vote: 7- 0 Motion carried 7.3. Ordinance 2nd Reading —Planning: Ordinance No.2017-00150, for Zone Case 3046-B, a request of Burl W.Masters, for Thomas Payne, for a zoning change from GO (Garden Office)to C-2(Local Retail), on 1.94 acres of unplatted land out of Block E-2, Section 25, 5225 98th Street. Motion by Council Member Karen Gibson, seconded by Council Member Steve Massengale to approve Ordinance No.2017-00150. Vote: 7 - 0 Motion carried 7.4. Ordinance 2nd Reading —Planning: Ordinance No. 2017-00151 for Zone Case 3154-A, a request of Lonny Huseman, for a zoning change from C-3 (General Retail) Specific Use,to C-3 (General Retail), on Lots I and 2, Speedy Acres Addition, 11703 Indiana Avenue and 3311 116th Street. Motion by Council Member Karen Gibson, seconded by Council Member Steve Massengale to approve Ordinance No. 2017-00151. Vote: 7- 0 Motion carried 7.5. Ordinance 2nd Reading —Planning: Ordinance No. 2017-00153, for Zone Case 3257-E, a request of Burl W. Masters,for 1585 Development, LLC, for a zoning change from GO (Garden Office)to C-2(Local Retail)and R-1 (Single-Family)Specific Use with reduced setbacks, on 10.59 acres of unplatted land out of Block AK, Section 1, 13502 University Avenue. Karya Copeland, Planner; and Burl W. Masters,proponent, gave comments and answered questions from City Council. Motion by Council Member Karen Gibson, seconded by Council Member Jeff Griffith to approve Ordinance No.2017-00153. Vote: 4- 3 Motion carried NAY: Mayor Pro Tem Latrelle Joy Council Member Juan A. Chadis Council Member Shelia Patterson Harris Regular City Council Meeting December 18,2017 Page 8 of 11 7.6. Ordinance Ind Reading —Planning: Ordinance No. 2017-00152, for Zone Case 3329, a request of Neil and Marianne Jones, for Soccer Indoors, for a zoning change from T (Transitional)to C-3 (General Retail), on Lot 4, Speedy Acres Addition, 11717 Indiana Avenue. Motion by Council Member Karen Gibson, seconded by Council Member Steve Massengale to approve Ordinance No. 2017-00152. Vote: 7- 0 Motion carried 7.7. Ordinance 2nd Reading —Planning: Ordinance No.2017-00154,for Zone Case 3330, a request of Edie and Robert Sherwood,for CD Kelley Investments,for a zoning change from R-1 (Single-Family)to C-3 (General Retail), on 15.158 acres of unplatted land out of Block AK, Section 41,northeast corner of Inler Avenue and 34th Street. Motion by Council Member Karen Gibson, seconded by Council Member Steve Massengale to approve Ordinance No. 2017-00154. Vote: 7-0 Motion carried 7.8. Ordinance 2nd Reading —Planning: Ordinance No.2017-00155,for Zone Case 3331, a request of David Draper, for 301 West Northside,LLC, for a zoning change from T (Transitional)to IHC (Interstate Highway Commercial)Specific Use,for a telecommunications tower on Lot 66, Pine Grove Estates Addition, 7109 Santa Fe Drive. Motion by Council Member Karen Gibson, seconded by Council Member Steve Massengale to approve Ordinance No.2017-00155. Vote: 7-0 Motion carried 7.9. Ordinance 2nd Reading --Planning: Ordinance No.2017-00156,for Zone Case 3332, a request of AMD Engineering,LLC, for Boys' and Girls' Club of Lubbock,for a zoning request from R-1 (Single-Family)to A-2 (High-Density Apartment) Specific Use for Boys and Girls Club, on 1.19 acres of unplatted land out of Block AK, Section 44,6213 26th Street. Motion by Council Member Karen Gibson, seconded by Council Member Steve Massengale to approve Ordinance No.2017-00156. Vote: 7-0 Motion carried 7. 10. Ordinance 2nd Reading —Planning: Ordinance No.2017-00157,for Zone Case 3333, a request of Hugo Deed and Associates,Inc., for Robert Bleisch,for a zoning request from R-1 (Single-Family)to A-I (Family-Apartment),on 4.2 acres of platted and unplatted land out of Block D6, Section 1 including Lot 1,George's Rentals Addition, 602 and 702 Upland Avenue. Motion by Council Member Karen Gibson, seconded by Council Member Steve Massengale to approve Ordinance No. 2017-00157. Vote: 7-0 Motion carried Regular City Council Meeting December 18,2017 Page 9 of 11 7. 11. Ordinance 2nd Reading —Planning: Ordinance No. 2017-00158 amending Chapter 40 "Zoning" of the Code of Ordinances of the City of Lubbock,Texas to allow on-premise consumption of alcohol as a special exception through the Zoning Board of Adjustment, in commercial districts. Motion by Council Member Karen Gibson, seconded by Council Member Steve Massengale to approve Ordinance No.2017-00158. Vote: 7-0 Motion carried 7. 12. Ordinance 2nd Reading —Planning: Ordinance No. 2017-00159,amending Chapter 40 "Zoning" of the Code of Ordinances of the City of Lubbock,Texas,to add"R-1 A Reduced Setback Single-Family District"as a zoning district,and to provide all associated revisions related to "R-IA'"throughout the Code of Ordinances of the City of Lubbock,Texas. Jarrett Atkinson, City Manager; Bill Howerton, Assistant City Manager; Dan Wilson, Chair of the Planning and Zoning Commission; and Kristen Sager, Planner, gave comments and answered questions from City Council. Motion by Council Member Shelia Patterson Harris,seconded by Council Member Karen Gibson to approve Ordinance No.2017-00159. Vote: 6- I Motion carried NAY: Mayor Pro Tern Latrelle Joy 7. 13. Public Hearing 5:15 p.m. -Planning: Ordinance No. 2017-00163 adopting an Interim Future Land Use Plan pursuant to Texas Local Government Code Chapter 213, in order to begin promoting sound, long-range development within the City. Jarrett Atkinson,City Manager; introduced this item. Dan Sefko,Project Manager with Freese&Nichols; gave a presentation and answered questions from City Council. John Zwaicher,Chair of the Comprehensive Plan Advisory Committee; Dan Wilson, Chair of the Planning and Zoning Commission; Mike Keenum, Division Director of Engineering/City Engineer; and Chad Weaver, City Attorney, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 6:44 p.m. Mike[ Ward and Melanie Barnes appeared to speak in opposition. Chris Berry and Terry Holeman appeared to speak in favor. Mayor Pope closed the public hearing at 6:58 p.m. Regular City Council Meeting December 18,2017 Page 10 of 11 Motion by Council Member Jeff Griffith,seconded by Council Member Steve Massengale to approve Ordinance No. 2017-00163. Vote: 7-0 Motion carried 7. 14. Resolution -Planning: Resolution No. 2017-80489 approving and granting a variance from the applicable 300-feet minimum distance provisions of City of Lubbock Ordinance 2009-00060 at the location of 2009 Broadway,for an alcoholic beverage permit for Bier Haus. Kristen Sager,Planner;and Tommy Bonner,proponent,gave comments and answered questions from City Council. Motion by Council Member Shelia Patterson Harris,seconded by Council Member Jeff Griffith to approve Resolution No. 2017-80489. Vote: 7- 0 Motion carried 7. 15. Resolutions-Finance: Resolution No's 2017-RO490 and 2017-80491. 1.Discuss the Public Safety Improvements Project 2017; 2. Resolution No. 2017-RO490 expressing Intent to Finance Expenditures to be Incurred for the Public Safety Improvements Project 2017; 3. Resolution No.2017-80491 authorizing Publication of Notice of Intention to Issue Tax and Waterworks System Surplus Revenue Certificates of Obligation for the Public Safety Improvements Project 2017. This item contained two resolutions. Each resolution was voted on separately. Jarrett Atkinson, City Manager, introduced this item. Blu Kostelich, Chief Financial Officer; and Chad Weaver,City Attorney,gave comments and answered questions from City Council. Matt Boles, Financial Advisor with RBC Capital Markets,gave a presentation and answered questions from City Council. Motion by Mayor Pro Tem Latrelle Joy, seconded by Council Member Juan A. Chadis to approve Resolution No.2017-80490(Item 2). Vote: 7- 0 Motion carried Motion by Mayor Pro Tem Latrelle Joy, seconded by Council Member Juan A. Chadis to approve Resolution No. 2017-RO491 (Item 3). Vote: 4- 3 Motion carried NAY: Mayor Daniel M.Pope Council Member Juan A. Chadis Council Member Steve Massengale Regular City Council Meethig December 18,2017 Page I I of 11 8:07 P.M. CITY COUNCIL ADJOURNED There being no further business to come before Council, Mayor Pope adjourned the ineeting. The December 18, 2017 Regular City Council Meeting minutes were approved by the City Council on the 25th day of January, 2018. DANIE1., M. POPE, MAYOR ATTEST: jP jx Rebe t a Garza, City Secretaru