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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/28/2019 CITY OF LUBBOCK l REGULAR CITY COUNCIL MEETING May 28, 2019 1:30 P.M. The City Council of the City of Lubbock,Texas met in regular session on the 28th of May,2019,in City Council Committee Room 103,City Hall, 1625 13th Street, Lubbock,Texas at 1:30 p.m. 1:34 P.M. CITY COUNCIL CONVENED City Council Committee Room 103, City Hall, 1625 13th Street, Lubbock,Texas Present: Mayor Daniel M. Pope; Mayer Pro Tem Jeff Griffith; Council Member Juan A. Chadis; Council Member Randy Christian; Council Member Latrelle Joy; 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; Execrative Session; 3.1-3.3.2; Citizen Comments; 5.1; 6.1-6.14; 6.17-6.24; 6.15-6.16; and 7.1-7.9. 1:30 p.m.-City Council convenes in Work Session in Committee Room 103 in City Hall-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. Hear and discuss presentations regarding the following and provide guidance to staff as appropriate. 1. 1. Unified Development Code Jarrett Atkinson, city manager; Jesica McEachern, assistant city manager; and David Baird, senior associate with Kendig Keast Collaborative, Inc., gave comments and answered questions from City Council. Kristen Sager, interim director of planning, gave a presentation and answered questions from City Council. 1.2. 2019 lronman 70.3 Lubbock Jarrett Atkinson,city manager, gave comments and answered questions from City Council. Shaun Fogcrson, fire chief,gave a presentation and answered questions from City Council. Regular City Council Meeting May 28,2019 Page 2 of 10 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. Mayor Daniel M. Pope briefed the City Council as to which consent agenda items would be pulled. At the completion of the Work Session,City Council recesses into Executive Session. 2. Executive Session The meeting recessed at 2:33 p.m.and reconvened in Executive Session under the provisions of Section 551,Texas Government Code.City Council recessed from Executive Session and reconvened in open session at 4:40 p.m. The meeting was called to order at 5:03 p.m. 2. 1. 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. 1. 1. Public Safety Improvement Project Land Acquisition 2. 1. 2. Tornado Memorial 2. 1. 3. Texas Department of Transportation(TxDOT) Right of Way for Loop 88 2. 1. 4. 108 E. Broadway 2.2. Hold an executive session in accordance with Texas Government Code 551.074, to discuss personnel matters,regarding the duties, responsibilities,and/or appointments to the Building Board of Appeals, Canadian River Municipal Water Authority, Permit and License Appeal Board, Planning and Zoning Commission,and Urban Design and Historic Preservation Commission. 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 Manager 2.3. 2. City Attorney 2.3. 3. City Secretary Adjourn from Executive Session 4:30 p.m.-City Council reconvenes in Open Session in City Hall Council Chambers City Council reconvened at 4:40 p.m. Regular City Council Meeting May 28,2019 Page 3 of 10 3. Ceremonial Items 3. 1. Invocation Invocation by Pastor Chris Ramos,The Tree of Life Fellowship Church 3.2. Pledges of Allegiance Pledges of Allegiance were given by those in Council Chambers to the United States and Texas flags. 3.3. Proclamations and Presentations 3.3. 1. Presentation of a Special Recognition in support of Better Hearing Month Council Member Steve Massengale presented a special recognition in support of Better Hearing Month. Dr. Gina Flores, audiologist at Atlas Audiology and Sabrina Pena, patient care coordinator at Atlas Audiology, appeared to accept the recognition. Dr. Flores gave comments and thanked the Mayor and City Council. 3.3. 2. Presentation of a Special Recognition to the South Plains Food Bank in support of their Healthy Summer Meals For Kids Program Council Member Shelia Patterson Harris presented a special recognition to the South Plains Food Bank in support of their Healthy Summer Meals For Kids Program. Robert Aguayo, director of feeding programs with the South Plains Food Bank; and Roxanne Ancira, chief operating officer with the South Plains Food Bank, appeared to accept the recognition. Mr.Aguayo gave comments and thanked the Mayor and City Council. Call to Order The meeting was called to order at 5:03 p.m. 4. Citizen Comments-According to Lubbock City Council Rules,any citizen wishing to appear before a regular meeting of the City Council,regarding any matter posted on the City Council Agenda,shall complete the sign-up form provided at the meeting,no later than 5:00 P.M. No one appeared to speak. 5. Minutes 5. 1. April 23, 2019 Regular City Council Meeting May 9, 2019 Special City Council Meeting- Tornado Memorial Motion by Mayor Pro Tern Jeff Griffith, seconded by Council Member Latrelle Joy to approve the April 23, 2019 Regular City Council Meeting minutes and the May 9,2019 Special City Council Meeting(Tornado Memorial)minutes. Vote: 7- 0 Motion carried Regular City Council Meeting May 28,2019 Page 4 of 10 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 Latrelle Joy, seconded by Mayor Pro Tem Jeff Griffith to approve Items 6.1-6.14; and 6.17-6.24. Vote: 7- 0 Motion carried 6. 1. Ordinance 2nd Reading-Right-of-Way: Ordinance No. 2019-00059,abandoning and closing an underground water line easement located in Lot 1-A-2,Time's Square Addition, Lubbock County,Texas, 2505 S. Loop 289. 6. 2. Ordinance 2nd Reading-Right-of-Way: Ordinance No. 2019-00060, abandoning and closing a 10,571.4 square-foot portion of a street right-of-way located between Blocks 7 and 8, and between Blocks 5 and 6,Teal Subdivision, Lubbock County,Texas. 6.3. Ordinance 1st Reading- Right-of-Way: Ordinance No. 2019-00061 abandoning and closing a 20-Foot wide utility easement located in the southern portion of Tract A, Block 2, Acuff Heights Addition, Lubbock County,Texas, 905 3rd Street. 6.4. Resolutions- Engineering: Resolution No.'s 2019-RO175 and 2019-RO 176 authorizing the Mayor to execute Lease Agreements with T-Mobile West, LLC,a Delaware limited liability company, for City properties at 2215 35th Street(Agreement 14732)and 7404 Genoa Avenue (Agreement 14733). 6.5. Resolutions-Utility and Street Maintenance: Resolution No.'s 2019-RO177,2019-R0178,& 2019-RO179 authorizing the Mayor to enter into Cost Sharing and Reimbursement Agreements between the City of Lubbock and Lubbock County, Betenbough Homes, LLC, and 1585 Development, LLC, for cost sharing of the University Avenue Mill and Re-lay Project. 6.6. Resolution- Utility and Street Maintenance: Resolution No. 2019-R0180 authorizing the Mayor to execute Contract 14682 with West Texas Paving, for the University Avenue Mill and Re-lay project. 6.7. Resolution - Public Works Wastewater Operations: Resolution No.2019-RO181 authorizing the Mayor to execute Service Contract No. 14632 for Triticale Seed Harvesting Services between the City and West Gaines Seed. 6.8. Resolution - Public Works Wastewater Operations: Resolution No. 2019-80182 authorizing the Mayor to execute Service Contract No. 14631 for Wheat Seed Harvesting Services between the City and West Gaines Seed. 6.9. Resolution-Solid Waste Disposal: Resolution No. 2019-RO183 authorizing the Mayor to Execute Contract 14743 with Pace Analytical for the analysis of groundwater samples at the City of Lubbock Landfill facilities, as required by the Texas Commission on Environmental Quality (TCEQ). Regular City Council Meeting May 28,2019 Page 5 of 10 6. 10. Resolution -Public Health Services: Resolution No. 2019-R0184 authorizing the Mayor to execute Amendment No. 2, to the Public Health Emergency Preparedness Cooperative Agreement,Contract No. 537-18-0127-00001,and any associated documents with the State of Texas, acting by and through its Department of State Health Services(DSHS). 6. 11. Resolution-Public Health Services: Resolution No.2019-R0185 authorizing the Mayor to execute,Amendment No.Ito Contract No. HHS000109800001, Immunization/Locals-Incident Command Center(ICC)Grant Program,and any associated documents by and between the City of Lubbock and the Texas Department of State Health Services (TDSHS). 6. 12. Resolution-Public Health Services: Resolution No. 20 1 9-80 186 authorizing the Mayor to execute a Memorandum of Understanding(MOU)with the State of Texas Department of State Health Services(DSHS)regarding medications obtained through the DSHS Inventory Tracking Electronic Asset Management System(ITEAMS). 6. 13. Resolution-Community Development: Resolution No. 2019-R0187 authorizing the Mayor to execute Community Development Funding Contract 14728 and all related documents, with Texas Department of Housing and Community Affairs(TDHCA), for Comprehensive Energy Assistance Program (LEAP)to reduce poverty, revitalize low-income communities and empower low-income families and individuals to become self-sufficient. 6. 14. Resolution -Community Development: Resolution No. 2019-80188 authorizing the Mayor to execute Community Development Funding Contract 14729 and all related documents,with Lutheran Social Services of the South, Inc.dba Upbring (LSSS), to provide utility assistance to qualified low-income persons and families through the Comprehensive Energy Assistance Program (LEAP)administered by Texas Department of Housing and Community Affairs (TDHCA). 6. 15. Resolution-Community Development: Resolution No.2019-R0197 authorizing the Mayor to execute Community Development Funding Contract 14727 and all related documents,with Catholic Charities, Diocese of Lubbock,to assist low-income persons and families to transition out of poverty through Community Services Block Grant(CSBC) funds. Jarrett Atkinson,city manager; Bill Howerton, deputy city manager; Karen Murfee,director of community development; and Sabrina Robbins, parenting empowerment program director with Catholic Charities, gave comments and answered questions from City Council. Motion by Council Member Juan A. Chadis,seconded by Council Member Shelia Patterson Harris to approve Resolution No. 2019-R0197. Vote: 7-0 Motion carried 6. 16. Resolution -Public Transportation Services: Resolution No. 2019-R0198 authorizing the Mayor to execute Professional Services Agreement Contract 14457 with LSC Transportation Consultants, Inc., for a comprehensive operational analysis on Citibus' current fixed-route bus service and associated transit services. Jarrett Atkinson, city manager; Bill Howerton, deputy city manager; and Chris Mandrell, general manager of Citibus, gave comments and answered questions from City Council. Regular City Council Meeting May 28,2019 Page 6 of 10 Motion by Council Member Shelia Patterson Harris, seconded by Council Member Juan A. Chadis to approve Resolution No. 2019-RO 198. Vote: 7 -0 Motion carried 6. 17. Resolution -Civic Centers: Resolution No.2019-RO 189 authorizing the Mayor to execute Professional Services Agreement Contract 14741 with Digital Air Control, Inc.dba DAC, to provide an access control system and video system for the Lubbock Memorial Civic Center. 6. 18. Resolution -Telecommunications: Resolution No. 2019-RO190 authorizing the Mayor to execute Purchase Order 32500881 with Computex, Inc. DBA Computex Technology OW Solutions, for the purchase of Telephone Equipment. 6. 19. Resolution -Radio Shop: Resolution No. 2019-RO 191 authorizing the Mayor to execute a Memorandum of Understanding(MOU)with the State of Texas, for the use of Statewide frequencies in the 800 MHz band and agreeing to following the Statewide Interoperability plan. 6.20. Resolution -Radio Shop: Resolution No. 2019-80192 authorizing the Mayor to execute Maintenance Services Agreement Contract 14521 with Houston's Tower Service, for radio tower maintenance and equipment installation. 6.21. Resolution- Fleet Services: Resolution No. 2019-RO193 authorizing the Mayor to execute Purchase Order Contract 31045050 with Grapevine DCJ, LLC, for the purchase of two (2) Sport Utility Vehicles for Water Conservation and Education. 6.22. Resolution- Fleet Services: Resolution No. 2019-RO 194 authorizing the Mayor to execute Purchase Order Contract 31045347 with Lubbock Truck Sales, for the purchase of two diesel powered 12 cubic-yard dump trucks for Water/Wastewater-Field Maintenance,and the Parks and Recreation Department. 6.23. Resolution-City Manager: Resolution No. 2019-R0195 authorizing the Mayor to execute an agreement with the Texas Department of Transportation(TxDOT)regarding a temporary closure of a portion of the Marsha Sharp Freeway during the 2019 Ironman 70.3 Lubbock. 6.24. Resolution-City Manager: Resolution No. 2019-80 196 authorizing the Mayor to execute a Real Estate Sales Contract on behalf of the City of Lubbock with 806 Land Group, LLC, for the Public Safety Improvement Project-North Police Substation Site. 7. Regular Agenda 7. 1. Public Hearing -Police Department: Conduct the first of two public hearings to receive comments on the Juvenile Curfew Ordinance. Public hearing only. Jerry Brewer, assistant chief of police,gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 5:29 p.m. No one appeared to speak in favor or opposition. Regular City Council Meeting May 28,2019 Page 7 of 10 Mayor Pope closed the public hearing at 5:30 p.m. 7.2. Public Hearing-Planning: Ordinance No. 2019-00062, for Zone Case 1585-1, a request of Manuel Martinez, for a zone change to Family Apartment(A-1) from Single-Family District (R-1), Two-Family District(R-2) & Family Apartment(A-1)at 6115 Avenue S, located mid-block on the cast side of Avenue S, north of 66th Street, Vandelia Village Addition, Block 18, Lot 12 and 6117 Avenue S, located mid-block on the east side of Avenue S,north of 66th Street, Vandelia Village, Block 23, Lot C. Kristen Sager, interim director of planning, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 5:43 p.m. No one appeared to speak in favor or opposition. Mayor Pope closed the public hearing at 5:44 p.m. Motion by Council Member Shelia Patterson Harris, seconded by Mayor Pro Tern Jeff Griffith to approve Ordinance No. 2019-00062. Vote: 7-0 Motion carried 7.3. Public Hearing-Planning: Ordinance No. 2019-00063, for Zone Case 2538-H, a request of Rod Burgett for Rod Burgett Homes, for a zone change to Garden Office(GO)from Single-Family Residential (R-1)at 1405 Alcove Avenue, located approximately 138 feet south of 14th►Street, on the east side of Alcove Avenue,on 0.7 acres of unplatted land out of Block D6 Section 1. Kristen Sager, interim director of planning,gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 5:44 p.m. No one appeared to speak in favor or opposition. Mayor Pope closed the public hearing at 5:44 p.m. Motion by Council Member Juan A. Chadis, seconded by Council Member Latrelle Joy to approve Ordinance No.2019-00063. Vote: 7-0 Motion carried 7.4. Public Hearing-Planning: Ordinance No. 2019-00064, for Zone Case 3145-G,a request of McCanton Woods, LLC, for a zone change to Central Business District 2 (CB-2) from Central Business District 5 'CB-5) at 812 Avenue Q, located on the northwest comer of Avenue Q and 9th Street, Overton Addition, Block 114, Lots 3-5. Kristen Sager, interim director of planning; Ivan Gonzalez, senior planner; and Chad Weaver,city attorney,gave comments and answered questions from City Council. Regular City Council Meeting May 28,2019 Page 8 of 10 Mayor Pope opened the public hearing at 5:45 p.m. No one appeared to speak in opposition. Mont McClendon, representing McCanton Woods, LLC, appeared to speak in favor. Mayor Pope closed the public hearing at 5:48 p.m. Motion by Mayor Pro Tern Jeff Griffith, seconded by Council Member Steve Massengale to approve Ordinance No. 2019-00064. Vote:4 - 3 Motion carried NAY: Council Member Juan A. Chadis Council Member Latrelle Joy Council Member Shelia Patterson Harris 7.5. Public Hearing-Planning: Ordinance No. 2019-00065, amending Chapter 40"Zoning"of the Code of Ordinances to allow a front setback of 5 feet for single-family and two-family residences on cul-de-sac lots. Kristen Sager, interim director of planning, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 6:33 p.m. No one appeared to speak in favor or opposition. Mayor Pope closed the public hearing at 6:33 p.m. Motion by Council Member Steve Massengale, seconded by Council Member Shelia Patterson Harris to approve Ordinance No.2019-00065. Vote: 7- 0 Motion carried 7.6. Resolution -Planning: Resolution No.2019-RO199 approving the site plan for the proposed development for Guadalupe Villas as required by Ordinance No. 2018-00015, at 1010 Marsha Sharp Freeway, 1121 3rd Street, and 905 3rd Street, located on the south side of 3rd Street, west of Buddy Holly Avenue, Acuff Heights Addition, Blocks 1, 5, and 8, and a portion of Blocks 2, 6 and 7, and the closed streets and alleys, William Tubbs Addition, Block 12, Lots 8 through 14, and the closed street, and Acuff Heights Addition, Block 2,Tract A. Kristen Sager, interim director of planning, and Kent Hance,proponent,gave comments and answered questions from City Council. Motion by Council Member Steve Massengale, seconded by Mayor Pro Tern Jeff Griffith to approve Resolution No. 2019-80 199. Vote: 7- 0 Motion carried Regular City Council Meeting May 28,2019 Page 9 of 10 7. 7. Resolution - Phanning: Resolution No. 2019-110200 aLitl1orizing the Mayor to execute Professional Services Contract 14462 with Kendig Kcast Collaborative, Inc. for development of Unified Development Code. Kristen Sager, interim director of planning, gave a presentation and answered questions front City Council, Motion by Council Member 1,atrelle Joy, seconded by Council Member Juan A. Chadis to approve Resolution No. 2019-80200. Vote: 7 - 0 Motion carried 7. 8. Ordinance 1st Reading -Traffic Operations: Ordinance No. 2019-00066 amending Section 20.05.103) ofthe Code of'Ordinances oftlie City of'Lubbock, with regard to the establishment of school zones. Jarrett Atkinson, city manager; and Wood Franklin, division director of public works, gave comments and answered questions from Cit.), Council. Motion by Council Member Latrelle Joy, seconded by Council Member Steve Massengale to approve Ordinance No. 2019-00066. Vote: 7 - 0 Motion carried 7. 9. Resolution - City Manager: RCSOILItion No. 20 1 9-1020 1 ratifying and confirming the appointment of'Jerry Brewer as the Interim Police Chief for the City of Lubbock. Jarrett Atkinson, city manager; and Jerry Brewer, assistant chief of police, gave comments and answered questions fi-0111 City Council. Motion by Mayor Pro Tern .left Griffith, seconded by Council Member Juan A. Chadis to approve Resolution No. 2019-8020 1. Vote: 7 - 0 Motion carried 7:03 P.M. CITY COUNCIL ADJOURNED There being no further business to come before Council, Mayor Pope adjourned the meeting, The May 28, 2019 Regular City Council Meeting minutes were approved by the City Council on the 25th day of June, 2019. DANIEL M. POPE, MWYOR ATTEST: Regular City Council Meeting May 28,2019 Page 10 of 10 [; ebec ��Ijarza, City Secret