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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/7/2017 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING December 7, 2017 3:00 P.M. The City Council of the City of Lubbock,Texas met in regular session on the 7th of December, 2017, in City Council Chambers,City Hall, 1625 13th Street,Lubbock,Texas at 3:00 p.m. 3.00 P.M. CITY COUNCIL CONVENED City Council Chambers,City Hall, 1625.13th Street,Lubbock,Texas Present: Mayor Daniel M. Pope; Mayor Pro Tem Latrelle Jay; 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; •Executive Session; 2.1-2.2; Citizen Comments (Sign-ups) 3,1; 4.1; 5.1-5.10, 5.11-5.18; 5.11; 6.1-6.4; 6.6; 6,5;and 6.7-6.16. •Items 6.15 and 6.16 were postponed to the January 11, 1018 Regular City Council Meeting. 1 1. Executive Session The meeting recessed at 3:01 p.m.and reconvened in Executive Session under the provisions of Section 551,Texas Government Cade.The regular meeting was called back into a public session at 5:20 p.m. 1. 1. Hold an executive session in accordance with Texas Government Cade, Section 551.071, with legal counsel for advice about pending or contemplated litigation or settlement agreement and on matters in which the duty of the attorney under the Texas Disciplinary Rules of Professional Conduct conflicts with Chapter 551. 1. 1. 1. Black A, Section 27,AB 32 TR Al &2,Lubbock County, Texas 1. 1. 2. Discuss Chapter 43 of the Texas Local Government Code and Subchapter G of Chapter 212 of the Texas Local Government Code 1. 1. 3. Discuss City Council Rules and amendments thereto 1.2. Hold an executive session in accordance with the Texas Government Code,Section If 551.072, to deliberate the purchase, exchange, lease,or value of real,property. U 1.2. 1. Black A, Section 27, AB 32 TR A 1 &2, Lubbock County,Texas Replar City Council Meeting December 7,2017 Page 2 of 11 1. 2. 2. Public Safety improvement Projects 1. 2. 3. 1625 l3th Street, Lubbock, Texas, and City Hall complex 1. 2. 4. Block 2, Lot 3, Memorial Center Addition, Lubbock, Lubbock County, Texas 1. 2. 5. Citizens Tower Complex 1. 3. [Iold an executive session in accordance with Texas Government Code 55 1.074, to discuss personnel matters, regarding the duties, responsibilities, and/or appointments to the Electric Utility Board, Urban Design/Historic Preservation Commission, Urban Renewal/Neighborhood Redevelopment Cot-ninission, and Zoning Board of Adjustment. 2. Proclamations and Presentations 2. 1. Invocation by Pastor Deshun Avery, First Progressive Baptist Church Pastor Deshun Avery, First Progressive Baptist Church, 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. 3. 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:Publie Comments Sign-Up Forpl, 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 2) sign up to speak at the City Council meeting itself, bycompleting the form provided at the meeting,with regard to any item posted on the City Council agenda. 3. 1. Sign-LIPS: • C. Mitchell Fish, President of the Lubbock Professional Police Association, appeared before the City Council to speak in favor of item 1.2.2 (Public Safety Improvement Projects). 4. Minutes 4. 1. October 30, 2017 Special City Council Meeting- Public Safety Projects November 2, 2017 Regular City Council Meeting November 6, 2017 Special City Council Meeting - Public Safety Projects Novcniber 7, 2017 Special City Council Meeting - Public Safety Projects November 14, 2017 Special City Council Meeting - Lubbock Economic Forecast Luncheon Regular City Councii Meeting December 7,2017 Page 3 of 11 Motion by Council Member Jeff Griffith,seconded by Council Member Steve Massengale to approve the October 30,2017 Special City Council Meeting(Public Safety Projects)minutes,the November 2,2017 Regular City Council Meeting minutes,the November 6, 2017 Special City Council Meeting(Public Safety Projects) minutes,the November 7, 2017 Special City Council Meeting(Public Safety Projects)minutes, and the November 14,2017 Special City Council Meeting (Lubbock Economic Forecast Luncheon)minutes. Vote.- 7 -0 Motion carried 5. Consent Agenda-Items considered to be routine and enacted by one motion without separate discussion. If the City Council desires to discuss an item,the item is removed from the Consent Agenda and considered separately. Motion by Council Member Shelia Patterson Harris,seconded by Council Member Karen Gibson to approve items 5.1-5.10;and 5.12-5.18. Vote: 7-0 Motion carried 5. 1. Budget Amendment Ordinance 2nd Reading-Finance: Ordinance No. 2017-00145, Amendment 3, amending the FY 2017-18 Budget for municipal purposes respecting the grant fund to accept and appropriate funding from the Texas Department of Public Safety for the Emergency Management Performance Grant; providing for filing; and providing for a savings clause. 5. 1. 1. Resolutions-Emergency Management: Resolution No. 2017-80448 authorizing the City Manager to accept funding on behalf of the City of Lubbock through the Emergency Management Performance Grant(EMPG) FY2017. 5.2. Budget Amendment Ordinance Ist 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. 5.3. Resolution-Finance: Resolution No. 2017-RO449 calling for a Public Hearing to consider the creation of a Public Improvement District(PID) for Bell Farms,which covers a portion of an area in the City of Lubbock, Lubbock County,Texas, generally bounded by University Avenue, 130th Street,Avenue P, and 146th Street. 5.4. Resolution—Finance: Resolution No. 2017-80450 authorizing the Mayor to execute Professional Services Contract 13598 between the City of Lubbock and Wells Fargo Merchant Services, to provide merchant card processing services. 5. 5. Ordinance 2nd Reading-Right-of-Way: Ordinance No. 2017-00146 abandoning and closing a 15-foot wide alley out of Block 1, Paul M. Crouch Subdivision, Lubbock County, Texas,2411 3rd Street. 5.6. Resolution—Water Utilities: Resolution No. 2017-80451 authorizing the Mayor to execute Contract 13871 with Texas Tech University, for a water supply to serve a new classroom facility located outside the City's incorporated boundaries. RCIIIL11411'City COMICil [NACCtifIg December 7,2017 Page 4 of I I Z� 5. 7. Resolution—Water Utilities: Resolution No. 2017-80452 authorizing the Mayor to execute Contract 13872 with Texas Tech University, to provide wastewater services for a new classroom facility located outside the City's incorporated boundaries. 5. 8. Resolution - Streets: Resolution No. 201 7-RO45 3 authorizing the Mayor to execute Contract 13716 with [,one Star Dirt and Paving, Ltd., for mill and relay of roadway SLIHIleCS at various locations. 5. 9. Resolution -Traffic Operations: Resolution No. 2017-80454 authorizing the Mayor to execute Contract 13590 with Utility Contractors of America, Inc., for underground boring services. *VO1D* See file Im- details. 5. 10. Resolutions-Telecommunications: Resolution No.'s 2017-80455'. 2017-80456, and 201.7-8.0457 authorizing the Mayor to execute Contract 13814 with AT&T Mobility, 1.1-C.., Contract 13534 with Sprint Solutions, Inc., and Contract 13815 with Verizon Wireless, for cellular phone services in(] devices for various City departments. 5. 11. Resolution - Facilities: Resolution No. 2017-80465 authorizing the Mayor to execute Amendment No. 3 to Professional Services Contract 12065 with Perkins + Will (P+W) for additional services for the design and construction administration of Citizens Tower; and delegating, authority to the City Manager in regard to certain future amendments. Jarrett Atkinson, City Manager., introduced this item. Mark Yearwood, Assistant City Manager, gave comments and answered (ILICStiOnS 1*1-0111 City Council. Motion by Council Member Karen Gibson, secondcd by Mayor Pro Tern Latrelle Joy to approve Resolution No. 2017-1.0465. Vote: 7- 0 Motion carried 5. 12. Resolution - Health Services: Resolution No, 2017-R0458 authorizing and directing the Mayor to execute a Mernorandurn of Agreement between the City of Lubbock and Managed Care Center for Addictive/Other Disorders, Inc., for the HIV Early Intervention Program and any associated docurnents. Z:� 5. 13. Resolution -Health Set-vices: Resolution No. 2017-80459 authorizing and directing the Mayor to execute a Memorandum of Understanding between the City of Lubbock and Managed Care Center for Addictive/Other Disorders, Inc., to gather local, County and regional data lOr the purpose ofidentif'Ying Substance abuse trends, prevention needs and of developing appropriate evidence-based strategies to address substance abuse issues and trends. 5. 14. Resolution -Transit Services: Resolution No. 2017-80460 aUthorizing, the Mayor to execute Contract 13159 with DoubleMap, Inc. for real time bus tracking software far Citibias. 5. 15. Resolution - Animal Services: Resolution No. 2017-80461 authorizing tile Mayor to accept a grant on bchalfof the City of Lubbock from PetSmart Charities., for vaccinations. Regular City Council Meeting December 7,2017 Page 5 of 11 5. 16. Resolution -Building Safety: Resolution No.2017-RO462 authorizing the Mayor to execute an Interlocal Cooperation Agreement with Texas Tech University(M) for Building Inspection Services. 5. 17. Resolution-Civic Centers: Resolution No. 2017-RO463 authorizing the Mayor to execute a License Extension Agreement by and between the City of Lubbock and Texas Tech University (TTU),for use of the Lubbock Municipal Coliseum. 5. 18. Resolution-Fleet Services: Resolution No. 2017-RO464 authorizing the Mayor to execute Purchase Order 31036513 with M-B Companies, Inc.,for the cost of refurbishing services in connection with the paint striper for Traffic Operations. 6. Regular Agenda 6. 1. Public Hearing 5:15 p.m.—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)to CB-2 Specific Use, for a food truck court on Lots 1-5, Block 11, Overton Addition, 1701 through 1705 Broadway Avenue, and 1210-1216 Avenue Q. Katya Copeland, Planner;and Lenora K. Ask,proponent, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 5:48 p.m. LNo one appeared to speak in favor or opposition. Mayor Pope closed the public hearing at 5:48 p.m. Motion by Council Member Jeff Griffith, seconded by Council Member Juan A.Chadis to approve Ordinance No. 2017-00148. Vote: 7- 0 Motion carried 6.2. Public Hearing 5:15 p.m.—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. Katya Copeland, Planner,gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 5:52 p.m. No one appeared to speak in opposition. Cory Dulin, proponent, appeared to speak in favor, Mayor Pope closed the public hearing at 5:56 p.m. Regular City Council Meeting December 7,2017 Page 6 of 11 Motion by Council Member Karen Gibson, seconded by Council Member Shelia Patterson Harris to approve Ordinance No. 2017-00149. Vote: 7- 0 Motion carried 6.3. Public Hearing 5:15 p.m.—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. Katya Copeland,Planner, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 5:58 p.m. No one appeared to speak in opposition. Burl W. Masters,proponent, appeared to speak in favor. Mayor Pope closed the public hearing at 6:00 p.m. Motion by Council Member Karen Gibson, seconded by Council Member Steve Massengale to approve Ordinance No. 2017-00150. Vote: 7-0 Motion carried 6.4. Public Hearing 5:15 p.m.—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. Katya Copeland, Planner;and Lonny Huseman,proponent, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 6:05 p.m. No one appeared to speak in favor or opposition. Mayor Pope closed the public hearing at 6:06 p.m. Motion by Mayor Pro Tern Latrelle Joy, seconded by Council Member Jeff Griffith to approve Ordinance No. 2017-00151. Vote: 7-0 Motion carried 6.5. Public Hearing 5:15 p.m.—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. Katya Copeland,Planner;Thomas Payne,proponent; Chad Weaver,City Attorney;and Regular City Council Meeting December 7,2017 Page 7 of 11 Jarrett Atkinson, City Manager,gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 6:14 p.m. Lj No one appeared to speak in opposition. Burl W. Masters,proponent,appeared to speak in favor. Mayor Pope closed the public hearing at 6:20 p.m. Motion by Council Member Karen Gibson, seconded by Council Member Steve Massengale to approve Ordinance No.2017-00153. Vote: 4 - 3 Motion carried NAY: Mayor Pro Tern Latrelle Joy Council Member Juan A. Chadis Council Member Shelia Patterson Harris 6.6. Public Hearing 5:15 p.m.—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 (Transition)to C-3 (General Retail),on Lot 4, Speedy Acres Addition, 11717 Indiana Avenue. Katya Copeland,Planner,gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 6:08 p.m. No one appeared to speak in favor or opposition. Mayor Pope closed the public hearing at 6:08 p.m. Motion by Council Member Steve Massengale, seconded by Council Member Jeff Griffith to approve Ordinance No.2017-00152. Vote: 7- 0 Motion carried 6.7. Public Hearing 5:15 p.m.—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. Katya Copeland, Planner;and Edie Sherwood, proponent,gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 6:30 p.m. „_, No one appeared to speak in favor or opposition. Mayor Pope closed the public hearing at 6:31 p.m. Regular City Council Meeting December 7,2017 Page 8 of I I Motion by Council Member Steve Massengale, seconded by Council Member Jeff Griffith to approve Ordinance No.2017-00154. Vote: 7-0 Motion carried 6.8. Public Hearing 5:15 p.m.—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 (Transititon)to IHC (Interstate Highway Commercial)Specific Use, for a telecommunications tower on Lot 66, Pine Grove Estates Addition,7109 Santa Fe Drive. Katya Copeland, Planner, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 6:35 p.m. No one appeared to speak in opposition. David Draper, proponent,appeared to speak in favor. Mayor Pope closed the public hearing at 6:37 p.m. Motion by Council Member Shelia Patterson Harris,seconded by Council Member Karen Gibson to approve Ordinance No. 2017-00155. Vote: 7- 0 Motion carried 6.9. Public Hearing 5:15 p.m.—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. Karya Copeland, Planner, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 6:40 p.m. No one appeared to speak in opposition. Cory Dulin, proponent,appeared to speak in favor. Mayor Pope closed the public hearing at 6:42 p.m. Motion by Council Member Jeff Griffith,seconded by Mayor Pro Tem Latrelle Joy to approve Ordinance No. 2017-00156. Vote: 7- 0 Motion carried 71 Regular City Council Meeting December 7,2017 Page 9 of 11 6. 10. Public Hearing 5:15 p.m.—Planning: Ordinance No.2017-00157, for Zone Case 3333, a request of Hugo Reed 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 I including Lot 1, George's Rentals Addition,602 and 702 Upland Avenue. Katya Copeland, Planner, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 6:46 p.m. No one appeared to speak in opposition. Terry Holeman, proponent, appeared to speak in favor. Mayor Pope closed the public hearing at 6:46 p.m. Motion by Council Member Shelia Patterson Harris,seconded by Council Member Karen Gibson to approve Ordinance No. 2017-00157. Vote: 7-0 Motion carried 6. 11. Resolution-Planning: Resolution No.2017-RO466 approving and granting a variance from the applicable 300 feet minimum distance provisions of City of Lubbock Ordinance 2009-00060, for an alcoholic beverage permit for Raider, a restaurant located at 2421 Broadway Avenue. Katya Copeland,Planner;Jaime De La Cruz, proponent; and Jarrett Atkinson, City Manager,gave comments and answered questions from City Council. Motion by Council Member Karen Gibson, seconded by Council Member Juan A. Chadis to approve Resolution No.2017-80466. Vote: 7-0 Motion carried 6. 12. Resolution -Planning: Resolution No. 2017-80467 approving and granting a variance from the applicable 300-feet minimum distance provisions of City of Lubbock Ordinance 2009-00060 at the location of 411 University Avenue, for an alcoholic beverage permit for Durango's Restaurant. Katya Copeland, Planner,gave comments and answered questions from City Council. Motion by Council Member Jeff Griffith, seconded by Council Member Steve Massengale to approve Resolution No. 2017-80467. Vote: 7- 0 Motion carried Regular City Council Meeting December 7,2017 Page 10 of 11 6. 13. Public Hearing 5:15-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. Kristen Sager, Planner,gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 6:56 p.m. No one appeared to speak in opposition. Tony Crumpton,with United Supermarkets,appeared to speak in favor. Mayor Pope closed the public hearing at 6:57 p.m. Motion by Council Member Karen Gibson, seconded by Council Member Steve Massengale to approve Ordinance No. 2017-00158. Vote: 7-0 Motion carried 6. 14. Public Hearing 5:15 p.m.-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-1 A"throughout the Code of Ordinances of the City of Lubbock, Texas. Kristen Sager, Planner;and Jarrett Atkinson, City Manager, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 6:59 p.m. No one appeared to speak in opposition. Chris Berry, with Betenbough Homes, appeared to speak in favor. Mayor Pope closed the public hearing at 7:00 p.m. Motion by Council Member Steve Massengale, seconded by Council Member Jeff Griffith to approve Ordinance No.2017-00159. Vote: 6- I Motion carried NAY: Mayor Pro Tem Latrelle Joy 6. 15. Board Appointments-City Secretary: Consider two appointments to the Electric Utility Board. This item was postponed. Motion by Council Member Jeff Griffith,seconded by Council Member Karen Gibson to postpone this item to the January 11,2018 Regular City Council Meeting. Regular City Council Meeting December 7,2017 Page I I of I I Vote: 7- 0 Motion carried 6. 16. Board Appointments- City Secretary: Consider two appointments to the Cultural Arts Grants Review Standing Stab-Committee, one appointment to the Park and Recreation Board, one appointment to the Public Transit Advisory Board, seven appointments to the Urban Design & Historic Preservation Commission, five appointments to the Urban Renewal /Neighborhood Redevelopment Commission, and seven appointments to the Zoning Board of Adjustment. This item was postponed. Motion by Council Member JeffGriffith, seconded by Council Member Karen Gibson to postpone this item to the January 11, 2018 Regular City Council Meeting. Vote: 7 - 0 Motion carried 7:10 P.M. CITY COUNCIL ADJOURNED There being no further business to come before Council, Mayor Pope adjour•r7ed the meeting. The December 7, 2017 Regular City Council Meeting minutes were approved by the City Council on the 11 th day of January, 20 18. DANIEL M. POPE, MAYOR A "VT: Reber a Garza, City Secretary