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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/26/2018 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING April 26, 2018 1:00 P.M. The City Council of the City of Lubbock,Texas met in regular session on the 26th of April,2018,in City Council Chambers,City Hall, 162513th Street,Lubbock,Texas at 1:00 p.m. 1:03 P.M. CITY COUNCIL CONVENED City Council Chambers, City Hall, 162513th Street,Lubbock,Texas Present: Mayor Daniel M. Pope; Mayor Pro Tem 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: •1.1-1.3; Executive Session; Recognition of Texas Tech Men's Basketball Team; Executive Session (continued); 3.1-3.4; Citizens Comments (Sign-ups) 4.1; 5.1; 6.1-6.11; 6.13-6.22; 6.12; 7.6-7,11; 7.9(reconsidered); 7.4; 7.1-7.3; 7.5; and 7.12-7.14. a Items 7.4, 7.9, and 7.11 were postponed 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 by Veterans Advisory Committee on programs and upcoming plans Jarrett Atkinson, City Manager, introduced this item. Britt Gorral 1, former Chair of the Veterans Advisory Committee; Kyle Chapman,member of the Veterans Advisory Committee; and Holley Baker, current Chair of the Veterans Advisory Committee;gave a presentation and answered questions from City Council. 1.2. Hear and discuss a presentation regarding the following and provide guidance to staff as appropriate: 1.2. 1. Lubbock Animal Services Jarrett Atkinson, City Manager, introduced this item. Jennifer Harvall, Interim Director of Lubbock Animal Services; gave a presentation and answered questions from City Council. Regular City Council Meeting April 26,2018 Page 2 of IS 1.3. The City Council may discuss: 1) one or more Consent Agenda items that have been pulled from the Consent Agenda, pursuant to Lubbock City Council Rules; 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. Jarrett Atkinson,City Manager, briefed the City Council as to which consent agenda items would be pulled, and answered questions from City Council. 2. Executive Session The meeting recessed at 1:46 p.m. and reconvened in Executive Session under the provisions of Section 551,Texas Government Code.The meeting recessed back into open session for the City Council to recognize the Texas Tech Men's Basketball Team with a root beer toast at 2:30 p.m. in honor of the first Red Raider Men's Basketball Day in Lubbock. The Red Raider team earned its first NCAA Elite Eight appearance,a second place finish in the Big 12,and a 27-10 overall record.The meeting then recessed and convened back into Executive Session at 2:56 p.m. The meeting 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 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. Jillian Standley v. City of Lubbock and Lubbock Power and Light,Cause No. 2016-523,689,72nd District Court, Lubbock County, Texas 2. 1. 2. UNITED STATES OF AMERICA,FEDERAL ENERGY REGULATORY COMMISSION; Southwestern Public Service Company,Docket No. ER 18-228-000 2. 1. 3. Power Purchase Agreements 2. 1. 4. Discuss Chapter 43 of the Texas Local Government Code and Subchapter G of Chapter 212 of the Texas Local Government Code 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. 2.3. Hold an executive session in accordance with the Texas Government Code, Section 551.074,to discuss personnel matters,the appointment,employment, evaluation or reassignment of the following: 2.3. 1. City Attorney Regular City Council Meeting April 26,2018 Page 3 of 15 2.3. 2. City Manager 2.3. 3. City Secretary 3. Proclamations and Presentations 3. 1. Invocation by Pastor Curtis Thomas,Hillside Christian Church Pastor Curtis Thomas,Hillside Christian Church, 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 Special Recognition observing the month of April as Sexual Assault Awareness Month Council Member Jeff Griffith presented a special recognition observing the month of April as Sexual Assault Awareness Month. Leslie Timmons, Community Educator and Volunteer Coordinator for the Voice of Hope-Rape Crisis Center; and several other supporters appeared to accept the recognition. Ms. Timmons gave comments and thanked the Mayor and City Council. 3.4. Board Recognitions: Presented by Council Member Karen Gibson Animal Services Advisory Board Dr. Alexandra Protopopova Audit& Investment Committee Brad Odell Community Development& Services Board Chad Wheeler Kee g Lubbock Beautiful Mary Ann Lawson Permit and License Appeal Board Karen Peoples Public Transit Advisory Board Michael Boyd Urban Design&Historic Preservation Jared Horsford Regular City Council Meeting April 26,2018 Page 4 of 15 4. Citizen Comments-According to Lubbock City Council Rules,any citizen wishing to appear before a regular meeting of the City Council,regarding any item posted on the City Council Agenda,shall complete the sign-up form provided at the meeting, no later than 5:15 p.m. 4. 1. Sign-ups: •William Whitworth, Joan lobe, and Jacky Pharr appeared before the City Council to speak in opposition of item 7.11 (Annexation of 3,257 acres-Area H). o Darrel Crump appeared before the City Council to speak in opposition of item 7.9 (Annexation of 1,186 acres-Area F). o Jim Baxa appeared before the City Council to speak in opposition of items 7.7 (Annexation of 1,450 acres-Area E) 7.9(Annexation of 1,186 acres-Area F), 7.11 (Annexation of 3,257 acres-Area H). o James A.McCormick appeared before the City Council to speak in favor of item 7.12(Alcoholic Beverage Permit-Drinks On Us). •Mark Garland appeared before the City Council to speak in opposition of items 7.10 (Resolution: Annexation of 3,257 acres-Area H)and 7.11 (Annexation of 3,257 acres -Area H). 5. Minutes 5. 1. March 22, 2018 Regular City Council Meeting Motion by Mayor Pro Tern Latrelle Joy, seconded by Council Member Jeff Griffith to approve the March 22, 2019 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 Karen Gibson, seconded by Council Member Juan A. Chadis to approve items 6.1-6.11 and 6.13-6.22. Vote: 7-0 Motion carried 6. 1. Budget Amendment Ordinance 2nd Reading-Finance: Ordinance No.2018-00046, Amendment 11,amending the FY 2017-18 Budget for municipal purposes respecting the Grant Fund to accept and appropriate funding from the City of Dallas Police Department for the 2018 Internet Crimes Against Children Grant;and to accept and appropriate funding from the Texas Department of Transportation for the Selective Traffic Enforcement Program(STEP)Grant; providing for filing; and providing for a savings clause. Regular City Council Meeting April 26,2018 Page 5 of 15 6. 1. 1. Resolution -Police: Resolution No. 2018-RO130 authorizing the Mayor of the City of Lubbock to execute State Grant Agreement No. 2018-Lubbock PD-CIOT-00010 with Texas Department of Transportation (TxDOT), for a state administered and federally funded Click It or Ticket Selective Traffic Enforcement Program (STEP). 6.2. Budget Amendment Ordinance 1st Reading-Finance: Ordinance No. 2018-00052, Amendment 12, amending the FY 2017-18 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 2018 Community Services Block Grant(CSBG); providing for filing; and providing for a savings clause. 6.3. Resolution-Finance: Resolution No.2018-80131 making findings that the Bell Farms Petition meets the requirements of Chapter 372 of the Texas Local Government Code(the "Code"); accepting the Bell Farms Public Improvement District Petition,which covers a portion of an area in the City of Lubbock, Lubbock County, Texas,generally bounded by University Avenue, approximately 133rd Street, Avenue P, and 146th Street;and calling for a public hearing to receive public comment on the formation of a public improvement district for the area depicted and described. 6.4. Resolution -Finance: Resolution No. 2018-RO132 authorizing the Mayor to execute a renewal of the interlocal cooperative purchasing agreement with North Central Texas Council of Governments for actuarial shared services. 6.5. Ordinance 2nd Reading-Right-of--Way: Ordinance No. 2018-00003 abandoning and closing a portion of a water line easement located in Tract K,North Park Addition, Lubbock County Texas,309 North Slide Road. 6.6. Ordinance 2nd Reading-Right-of-Way: Ordinance No. 2018-00047 abandoning and closing a portion of a right-of-way easement along the west right-of-way line of Indiana Avenue, from 146th Street north to the Half Section Line of Section 4, Block AK, Lubbock, Lubbock County, Texas. 6.7. Resolution -Right-of-Way: Resolution No.2018-RO133 authorizing the Mayor to execute Contract 14063 with Richard Adams to farm approximately 45.04 acres out of the southwest one-quarter of Section 2, Block B,and 15.04 acres out of the east half of Section 3,Block B,Lubbock County, Texas. 6.8. Resolution--Engineering: Resolution No. 2018-RO134 authorizing the Mayor to execute Amendment No. I for Contract 13315 with Freese and Nichols,Inc., for providing additional professional services for the Wastewater Master Plan capital improvements project. 6.9. Resolution—Engineering.- Resolution No. 2018-RO135 authorizing the Mayor to execute Contract 13927 with Infrastructure Rehabilitation USA,Inc., for the rehabilitation of 24 existing sanitary sewer manholes. Regular City Council Meeting April 26,2418 Page 6 of 15 6. 10. Resolution -Water Resources: Resolution No. 2018-R0136 authorizing the Mayor to execute Professional Services Contract 13990 with Terracon Consultants, Inc., for professional engineering and geosciences services related to groundwater monitoring and remediation at City-owned land application sites. 6. 11. Resolution -Water Utilities: Resolution No. 2018-R013'7 authorizing the Mayor to void the Bid Award for Purchase Order No. 22104115 for the purchase of Uninterruptible Power Supply(UPS) Systems. 6. 12. Resolution -Public Works Street Maintenance: Resolution No.2018-80150 authorizing the Mayor to execute Contract 13945 with West Texas Paving,Inc., for the rebuilding of North Milwaukee Avenue and Erskine Street. Jarrett Atkinson, City Manager;and Mike Gilliland, Director of Public Utilities,gave comments and answered questions from City Council. Motion by Mayor Pro Tern Latrelle Joy, seconded by Council Member Jeff Griffith to approve Resolution No.2018-RO150. Vote: 7 - 0 Motion carried 6. 13. Resolution -Public Works Street Maintenance: Resolution No.2018-80138 authorizing the Mayor to execute Contract 13952 with Lone Star Dirt&Paving, Ltd., for the Asphalt Replacement Project. 6. 14. Resolution -Public Works Street Maintenance: Resolution No.2018-80139 authorizing the Mayor to execute Contract 13946 with Lone Star Dirt&Paving, Ltd., for the Concrete Replacement Project. 6. 15. Resolution -Information Technology: Resolution No. 2018-RO140 authorizing the Mayor to execute Purchase Order Contract 33000995 with Mythics, Inc.,for the license maintenance and support services for Oracle Core Tech Database and WebLogic Server. 6. 16. Resolution -Community Development: Resolution No. 2018-80141 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock,Amendment 1 to Community Development Block Grant Funding Agreement 13486, and all related documents, between the City of Lubbock and First Progressive Baptist Church. 6. 17. Resolution -Aviation: Resolution No. 20 1 8-80 1 42 authorizing the Mayor to ratify a Consent to Leasehold Deed of Trust by the City Manager and the Executive Director of Aviation concerning the lease agreement between the City of Lubbock and N50SQ,LLC. Regular City Council Meeting April 26,2018 Page 7 of 15 6. 18. Resolutions-Employee Benefits: Resolution No.'s 2018-R4143 and 2018-RO144 authorizing the Mayor to execute for and on behalf of the City of Lubbock,a Professional Services Agreement for health benefits brokerage and consulting services, by and between the City of Lubbock and Marsh&McLennan LLC,and related documents; and a Professional Services/Consulting Agreement for health benefits brokerage consulting services, by and between the City of Lubbock and Milliman, Inc.,and Marsh&McLennan Agency LLC, and related documents. 6. 19. Resolution -Employee Benefits: Resolution No. 2018-80145 authorizing the Mayor to execute an Interlocal Cooperation Contract regarding Employee Assistance Program (EAP) Services, by and between the City of Lubbock and Texas Tech University Health Services Center(TTUHSC), Department of Psychiatry through the Southwest Institute for Addictive Diseases, and related documents. 6.20. Resolutions-Parks and Recreation: Resolution No.'s 2018-RO 146 and 2018-RO 147 authorizing the Mayor to execute Contract 13922 with Gorman Outdoor of Lubbock, and Contract 14043 with MDM Mowing of Lubbock, for Parks Turf Maintenance at municipal parklands and properties throughout the City of Lubbock. 6.21. Resolution -Parks and Recreation: Resolution No. 2018-80148 authorizing the Mayor to execute Contract 14003 with Tommy Klein Construction, for construction of a pavilion at Clapp Park and a pavilion at Maxey Park. 6.22. Resolution -Lubbock Power& Light: Resolution No.2018-RO149 authorizing the Mayor of the City of Lubbock to execute that certain Compromise & Settlement Agreement,by and between the City of Lubbock and Jillian Standley,related to Cause No. 2016-523,689, in the 72nd District Court of Lubbock County, Texas. 7. Regular Agenda 7. 1. Public Hearing 5:15 p.m.—Planning: Ordinance No. 2018-00053, for Zone Case 3062-A,a request of Jay Winfrey, for Harluga Properties, LLC, for a zoning change from Local Retail (C-2) to C-2 Specific Use, for a veterinary clinic in a C-2 zone,on Tract I, Fountain Hills Estates Addition, 10901 Milwaukee Avenue, Kristen Sager,Planning and Zoning Manager; Chad Weaver, City Attorney; and Jarrett Atkinson, City Manager, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 7:50 p.m. No one appeared to speak in opposition. Jay Winfrey,proponent, appeared to speak in favor. Mayor Pope closed the public hearing at 7:57 p.m. l Regular City Council Meeting April 26,2018 Page 8 of 15 Motion by Council Member Steve Massengale, seconded by Council Member Jeff Griffith to approve Ordinance No. 2018-00053. Vote: 6- I Motion carried NAY: Mayor Pro Tern Latrelle Joy 7.2. Public Hearing 5:15 p.m.—Planning: Ordinance No.2018-00054, for Zone Case 3341, a request of Askins&Associates, Inc.,for Bednarz Group, LLC, for a zoning change from Transition (T)to Interstate Highway Commercial(IHC)on 4.882 acres of unplatted land out of Block AK, Section 44, southwest comer of 19th Street and West Loop 289. Kristen Sager,Planning and Zoning Manager; Mike Keenum, Division Director of Engineering/City Engineer, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 8:00 p.m. No one appeared to speak in opposition. Dewayne Askins,proponent, appeared to speak in favor. Mayor Pope closed the public hearing at 8:03 p.m. Motion by Council Member Karen Gibson, seconded by Council Member Shelia Patterson Harris to approve Ordinance No.201800054. Vote: 7-0 Motion carried 7.3. Public Hearing 5:15 p.m.—Planning: Ordinance No.2018-00055, for Zone Case 3343, a request of Burt Masters,for Randy Egenbacher, for a zoning change from Transition (T) to Local Retail(C-2)on 2 acres of unplatted land out of Block E-2,Section 21, 3211 114th Street. Katya Copeland,Planner,gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 8:11 p.m. No one appeared to speak in opposition. Debbie Iseral, proponent,appeared to speak in favor. Mayor Pope closed the public hearing at 8:12 p.m. Motion by Council Member Karen Gibson, seconded by Council Member Shelia Patterson Harris to approve Ordinance No.2018-00055. Vote: 7-0 Motion carried Regular City Council Meeting April 26,2018 Page 4 of 15 7.4. Public Hearing 5:15 p.m.—Planning: Consider a request for Zone Case 3334-A, a request of Davie Crockett-Lane for a zoning change from Single Family(R-1)to Single Family(R-1) Specific Use for garden homes,on 1.41 acres of land out of Block B, Section 16, 3407, 3410, 3411, 3412, and 3414 47th Street, and consider an ordinance. I, This item was postponed. Nathan Webb,Planner;Jarrett Atkinson,City Manager;Kristen Sager,Planning and Zoning Manager;and Bob Sanders, citizen, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 7:04 p.m. Lois McClure, Laura Cochran,and Ben Shacklette appeared to speak in opposition. Truett Craft,Davie Crockett-Lane, and Dwain Lane,all proponents, appeared to speak in favor. Mayor Pope closed the public hearing at 7:23 p.m. Motion by Council Member Jeff Griffith, seconded by Council Member Steve Massengale to postpone this item to the June 14,2018 Regular City Council Meeting. Vote: 7-0 Motion carried f � f 7.5. Public Hearing 5:15 p.m.—Planning: Ordinance No.2018-00056,for Zone Case 3344, U a request of AMD Engineering,LLC, for Wooded Forrest,for a zoning change from Transition (T)to Local Retail (C-2) and General Retail (C-3)on 27.68 acres ofunplatted land out of Block AK, Section 34, south of 50th Street and east of Alcove Avenue. Kristen Sager,Planning and Zoning Manager;and Robert Wood,member of the Planning and Zoning Commission, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 8:16 p.m. No one appeared to speak in opposition. Cory Dulin,proponent, appeared to speak in favor. Mayor Pope closed the public hearing at 8:17 p.m. Motion by Council Member Jeff Griffith,seconded by Council Member Karen Gibson to approve Ordinance No. 2018-00056. Vote: 4- 3 Motion carried NAY: Mayor Pro Tem Latrelle,toy Council Member Juan A. Chadis Council Member Shelia Patterson Harris Regular City Council Meeting; April 26,2018 Page 10 of Is 7.6. Resolution -Planning: Resolution No. 2018-80151 authorizing the Mayor to execute for and on behalf of the City of Lubbock any agreement having been proffered by the City of Lubbock,pursuant to Chapter 43 of the Texas Local Government Code,to,and timely executed by,an owner of eligible agricultural land located within the area described in Ordinance No. 2018-00049, further described as approximately one thousand four hundred fifty(1,450)acres of land adjacent to the western city limits of the City of Lubbock within an area south of 34th Street,north of Marsha Sharp Freeway, and west of Upland Avenue; said authorization to be effective only upon the affirmative vote of the City Council to annex an area that contains the property subject to an agreement in lieu of annexation. Jarrett Atkinson, City Manager,gave comments and answered questions from City Council. Motion by Mayor Pro Tem Latrelle Joy, seconded by Council Member Juan A. Chadis to approve Resolution No. 2018-80151. Vote: 6 - 1 Motion carried NAY: Council Member Shelia Patterson Harris 7.7. Ordinance 2nd Reading-Planning: Ordinance No.2018-00049 annexing into the City of Lubbock,Texas,approximately one thousand four hundred fifty(1,450)acres of land adjacent to the western city limits of the City of Lubbock,with such land being generally within an area south of 34th Street,north of Marsha Sharp Freeway, and west of Upland Avenue; adopting a service plan;and, establishing an effective date. Jarrett Atkinson,City Manager, gave comments and answered questions from City Council. Motion by Council Member Juan A. Chadis, seconded by Council Member Steve Massengale to approve Ordinance No. 2018-00049. Vote: 5 -2 Motion carried NAY: Council Member Karen Gibson Council Member Shelia Patterson Harris 7.8. Resolution—Planning: Resolution No. 2018-80152 authorizing the Mayor to execute for and on behalf of the City of Lubbock any agreement having been proffered by the City of Lubbock,pursuant to Chapter 43 of the Texas Local Government Code,to, and timely executed by,an owner of eligible agricultural land located within the area described in Ordinance No.2018-00050, further described as approximately one thousand one hundred eighty-six(1,186)acres of land adjacent to the northwestern city limits of the City of Lubbock within an area north of Erskine Street, east of North Milwaukee Avenue,south of Kent Street, and along North Frankford Avenue; said authorization to be effective only upon the affirmative vote of the City Council to annex an area that contains the property subject to an agreement in lieu of annexation. Regular City Council Meeting April 26,2018 Page I I of 15 Jarrett Atkinson, City Manager, gave comments and answered questions from City Council. Motion by Council Member Steve Massengale, seconded by Mayor Pro Tern Latrelle Joy to approve Resolution No. 2018-80 152. Vote: 6 - I Motion carried NAY: Council Member Shelia Patterson Harris 7.9. Ordinance 2nd Reading-Planning: Consider Ordinance No.2018-00050 annexing into the City of Lubbock,Texas, approximately one thousand one hundred eighty-six(1,186) acres of land adjacent to the northwest city limits of the City of Lubbock,with such land being generally within an area north of Erskine Street,east of North Milwaukee Avenue, south of Kent Street, and along North Frankford Avenue; adopting a service plan;and, establishing an effective date. This item was postponed. Jarrett Atkinson,City Manager; and Chad Weaver, City Attorney, gave comments and answered questions from City Council. Main Motion by Mayor Pro Tent Latrelle Joy, seconded by Council Member Steve Massengale to approve Ordinance No. 2018-00050. Amendment Motion #1 by Mayor Pro Tem Latrelle Joy, seconded by Council Member Jeff Griffith to amend this item by substituting the revised map passed out at the dais, labeled, "Area F-1 —Amended Annexation Area 4/26/18", for the map included in the agenda packet on page 435. The motion further includes an instruction to staff that, upon receipt, staff attach to the substituted map an accurate metes and bounds description of the property depicted on the map,to be included for council consideration on second reading of the ordinance, and to make other conforming changes to the ordinance and service plan necessitated by this amendment. I further move that the ordinance be amended to include a new Section 4,to read as follows,with subsequent sections renumbered accordingly: "SECTION 4. THAT the City Council,pursuant to Section 43.057 of the Texas Local Government Code,hereby finds that the proposed annexation would cause an area to be entirely surrounded by the annexing municipality,but would not include that area within the municipality, and that so surrounding that area is in the public interest." This amendment removes residential properties that front Genoa Avenue and Princeton Avenue from the area proposed to be annexed;all other boundaries remain the same as originally proposed. As this leaves a"donut hole" in the area proposed for annexation, specific findings must be made under state law. Vote on Amendment Motion #1 Vote: 3 -4 Failed NAY: Mayor Daniel M. Pope Council Member Karen Gibson Regular City Council Meeting April 26,2018 Page 12 of 15 Council Member Steve Massengale Council Member Shelia Patterson Harris Vote on Main Motion Vote: 3 -4 Failed NAY, Mayor Pro Tem Latrelle Joy Council Member Juan A. Chadis Council Member Karen Gibson Council Member Shelia Patterson Harris Note: This item was reconsidered following item 7.11. Motion to reconsider by Mayor Pro Tem Latrelle Joy, seconded by Council Member Jeff Griffith. Vote on Motion to Reconsider Vote: 4 - 3 Motion carried NAY: Council Member Juan A. Chadis Council Member Karen Gibson Council Member Shelia Patterson Harris Motion to Postpone by Council Member Steve Massengale, seconded by Mayor Pro Tem Latrelle Joy to postpone this item to the May 10,2018 Regular City Council Meeting. Vote on Motion to Postpone Vote. 4- 3 Motion carried NAY. Council Member Juan A. Chadis Council Member Karen Gibson Council Member Shelia Patterson Harris 7. 10. Resolution—Planning.- Resolution No.2018-80153 authorizing the Mayor to execute for and on behalf of the City of Lubbock any agreement having been proffered by the City of Lubbock,pursuant to Chapter 43 of the Texas Local Government Code,to, and timely executed by, an owner ofeligible agricultural land located within the area described in Ordinance No.2018-00051, further described as approximately three thousand two hundred fifty-seven(3,257)acres of land adjacent to the northern city limits of the City of Lubbock within an area east of North.Avenue P, south of Lamar Street,west of North Guava Avenue,and north of East Bluefield Street, and along the Interstate 27 corridor; said authorization to be effective only upon the affirmative vote of the City Council to annex an area that contains the property subject to an agreement in lieu of annexation. Jarrett Atkinson, City Manager, gave comments and answered questions from City Council. Motion by Council Member Steve Massengale, seconded by Council Member Jeff Griffith to approve Resolution No. 2018-80153. Vote: 6 - 1 Motion carried NAY: Council Member Shelia Patterson Harris Regular City Council Meeting April 26,2018 Page 13 of 15 7. 11. Ordinance 2nd Reading-Planning: Consider Ordinance No. 2018-00051 annexing into he City of Lubbock,Texas approximately three thousand two hundred fifty-seven(3,257) acres of land adjacent to the northern city limits of the City of Lubbock,with such land being generally within an area east of North Avenue P, south of Lamar Street, west of North Guava Avenue, and north of East Bluefield Street, and along the Interstate 27 Corridor; adopting a service plan; and,establishing an effective date. This item was postponed. Jarrett Atkinson, City Manager; Chad Weaver, City Attorney; and Joan Jobe,property owner, gave comments and answered questions from City Council. Main Motion by Council Member Steve Massengale, seconded by Council Member Jeff Griffith to approve Ordinance No. 2018-00051. Amendment Motion #1A by Council Member Juan A. Chadis, seconded by Council Member Jeff Griffith to amend this item by substituting the revised map passed out at the dais, labeled, "Area H—Tract 3 Amended Option 1 A 4/26/18",for the map included in the agenda packet on page 452. The motion further includes an instruction to staff that, upon receipt, staff attach to the substituted map an accurate metes and bounds description of the property depicted on the map,to be included for council consideration on second reading of the ordinance, and to make other conforming changes to the ordinance and service plan necessitated by this amendment. I further move that the ordinance be amended to include a new Section 4,to read as follows,with subsequent sections renumbered accordingly: "SECTION 4. THAT the City Council,pursuant to Section 43.057 of the Texas Local Government Code,hereby finds that the proposed annexation would cause certain areas to be entirely surrounded by the annexing municipality,but would not include those areas within the municipality, and that so surrounding those areas is in the public interest." This amendment removes certain properties that front West FM 1294, certain property northwest of the intersection of North 1-27 and Keuka Street,and properties south of Keuka Street, east of North Avenue P,north of Bluefield Street, and west of North 1-27, as depicted on the revised map;all other boundaries remain the same as originally proposed. As this leaves three "donut holes" in the area proposed for annexation, specific findings must be made under state law. Vote on Amendment#1A Vote: 4- 3 Motion carried NAY:Mayor Pro Tern Latrelle Joy Council Member Steve Massengale Council Member Shelia Patterson Harris Amendment Motion#1B by Mayor Pro Tem Latrelle Joy, seconded by Council Member Steve Massengale to amend this item by substituting the revised map passed out at the dais, labeled,"Area H—Tract 3 Amended Option 1B 4/26/18", for the map distributed for Amendment#IA. The motion further includes an instruction to staff that, upon receipt, staff attach to the substituted map an accurate metes and bounds description of the property depicted on the map,to be included for council consideration on second reading Regular City Council Meeting April 26,2018 Page 14 of 15 of the ordinance, and to make other conforming changes to the ordinance and service plan necessitated by this amendment. Amendment#I B leaves alone the areas removed from the proposed annexation by Amendment#IA, with one exception: this amendment adds back into the area proposed for annexation certain properties east of North Avenue P, south of Keuka Street, west of North 1-27, and north of County Road 6100,as depicted on the revised map. Vote on Amendment#1B Vote: 2- 5 Failed NAY: Mayor Daniel M. Pope Council Member Juan A. Chadis Council Member Karen Gibson Council Member Jeff Griffith Council Member Shelia Patterson Harris MotiontoPostpone by Council Member Juan A. Chadis, seconded by Council Member Jeff Griffith to postpone this item, as amended by Amendment#I A,to the May 10,2018 Regular City Council Meeting. Vote on Motion to Postpone Item as Amended by Amendment#IA Vote: 6- I Motion carried NAY: Council Member Shelia Patterson Harris 7. 12. Resolution -Planning: Resolution No.2018-80154 approving and granting a variance from the applicable 300-feet minimum distance provisions of City of Lubbock Ordinance 2009-00060 at the location of 3707 19th Street, for an alcoholic beverage permit for Drinks On Us. Kristen Sager, Planning and Zoning Manager, gave comments and answered questions from City Council. Motion by Council Member Jeff Griffith,seconded by Council Member Juan A. Chadis to approve Resolution No. 2018-RO 15 4. Vote: 7 - 0 Motion carried 7. 13. Resolution -Planning: Resolution No. 2018-RO 155 approving and granting a variance from the applicable 300-feet minimum distance provisions of City of Lubbock Ordinance 2009-00060 at the location of 4919 34th Street, for an alcoholic beverage permit for Lee's Cafe 2. Kristen Sager,Planning and Zoning Manager, gave comments and answered questions from City Council. Motion by Council Member Jeff Griffith,seconded by Council Member Shelia Patterson Harris to approve Resolution No.201 8-80 155. Vote: 6- 1 Motion carried NAY: Mayor Pro Tern Latrelle Joy Regular City Council Meeting April 26,2018 Page 15 of 15 7. 14. Resolution - Planning: Resolution No. 2018-x.01 56 approving and granting a variance from the applicable 300-feet minimum distance provisions of*City of Lubbock Ordinance 2009-00060 at the location of 413 (.university AVC11LIC, Suite 200, for an alcoholic beverage permit For Rockfish Seafood Grill. Kristen Sager, Planning and Zoning Manager, gave comments and answered questions from City Council. Motion by Council Member Karen Gibson, seconded by Council Member Shelia Patterson Harris to approve Resolution No. 2018-80 156. Vote: 7 - 0 Motion carried 8:40 P.M. CITY COUNCIL ADJOURNED There being no further business to come before Council, Mayor Pope adjourned the meeting. The April 26, 2018 Regular City Council Meeting Minutes were approved by the City Council on the 24th day of May, 2018. DANIEL M. POPE, MAYOR ATTEST- Q.JZX Rjbec kGarza, City Secretary