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HomeMy WebLinkAboutMinutes - City Council - Regular - 5/14/2015 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING May 14, 2015 2:30 P. M. The City Council of the City of Lubbock, Texas met in regular session on the 14th of May,2015,in City Council Chambers, City ball, 1625 13th Street, Lubbock, Texas at 2:30 p. m. 2:30 P.M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock,Texas Present: Mayor Glen C. Robertson; Mayor Pro Tem. Jim Gerlt; Council Member Karen Gibson; Council Member Jeff Griffith; Council Member Victor Hernandez; Council Member Latrelle Joy; Council Member Floyd Price; City Manager James Loomis; City Secretary Rebecca Garza; City Attorney Chad Weaver Note: Council Member Victor Hernandez arrived for Regular Session. Note: City Conned addressed agenda items in the following order: ExeeuliveSession; 2.1-2.2; 2.4-2.5; 2.3,- Cifizen Cominews 3.1-3.2; Cilizen Connnews 3.3; 4.1; 5.1-5.14; 5.17-5.18; 5.20-5.29,- 5.15-5.16; 5.19; and 5.30-5.31. 1. Executive Session The meeting was called into a closed session at 2:30 p.m. under the provisions of Section 551, Texas Government Code.The meeting was called back into a public session at 5:15 P.M. 1. 1. Hold an executive session in accordance with Texas Government Code, Section 551.071, with legal counsel for advice about pending or contemplated litigation or settlement :D agreement and on matters in which the duty of the attorney under the Texas Disciplinary Rules of Professional Conduct conflicts with Chapter 551. 1. No. 3094-2013- In the Municipal Court of the City of Lubbock, Texas- City of Lubbock v. 1913) Baylor Avenue, 1. 2. Hold an executive session in arcor-dancc with the Texas Government Code, Section 55 1.074, to discuss personnel matters. 1. 2. 1. City Attorney 1. 2. 2. City Manager 1. 2. 3. City Secretary 2. Proclamations and Presentations 2. 1. Invocation by Pastor J.T. Cotton, One Way Church of God in Christ Pastor.1,T. Cotton, One Way Church of God in Christ, led the invocation. 2. 2. Pledges of Allegiance Pledges of Allegiance were given by those in Council Chambers to the United States and ZD Texas flags. 2. 3. Presentation of a special recognition for the 2015 Ride of Silence. Council Member Latrelle Joy presented a special recognition for tile 2015 Ride of Silence. Marta Rosas and Bill YOUnts, along with several representatives of tile West Texas Cycling Association, Inc. appeared to accept the recognition. Marta ave Z__ 9 comments and thanked the City Council. 2. 4. Presentation of a special recognition honoring the membership and the accomplishments of the 1970 Citizens Advisory Committee. Council Members Latrelle Joy and Floyd Price presented a special recognition to Dr. FleenarlJohnson, one of tile last surviving members of the Citizens Advisory Committee of 1970. Dr. Heenan Johnson gave comments and thanked the City Council. 2. 5. Presentation of a special recognition recognizing May as Motorcycle Safety Month ill Lubbock. Council Member Floyd Price presented a special recognition of May as Motorcycle Safety Month in Lubbock. Members of the Survivors United Motorcycle Club and the Boozefighters Motorcycle Club appeared to accept the recognition. Kenneth Stephens gave comments and thanked the City Council. 3. Citizen Comments - Pursuant to City Council Resolution 2014-110320, any citizen wishing to appear before a regular meeting of the City Council shall: Notify the City Manager's office of that fact, completing the form available at the City Manager's office, or online at the following hyperlink:Public Comments Sign-Up Form and submit it no later than seventy-five (75) hours prior to the start of the meeting at which the citizen wishes to appear; or sign up to speak at the City Council meeting itself, completing the form provided at the meeting,with regard to any item posted on the City Council agenda. 3. I. Robert Chesser will appear before the City Council to discuss Code Inspectors in the Heart of Lubbock n-neighborhood and fundifor the splash pad ill the park. t� I'D Robert Chesser appeared before the City Council to speak about Code Inspectors in the Heart of Lubbock neighborhoods and funding for the splash pad in the park. Z__ James Loomis, City Manager; and Scott Snider, Assistant City Manager, gave comments and answered questions from City Council. 3. 2. LeEarl Bryant will appear before the City Council to discuss items 5.30 and 5.31. LeEarl Bryant appeared before the City Council to speak in opposition of items 5.30 and 5.31 (Chickens). 3. 3. Sign-ups: Avis Patterson appeared before City council to speak about item 5,17 (Prohibited Noise in connection with the Lone Star amphitheatre). Scott Snider, Assistant City Manager; and Chad Weaver, City Attorney, gave comments and answered questions from City Council. 4. Minutes 4. 1. March 24, 2015 Special City Council Meeting (Electric Utility Board) April 9, 2015 Regular City Council Meeting Motion by Mayor Pro Tem Jim Gerlt, seconded by Council Member Karen Gibson to approve the March 24, 2015 Special City Council Meeting (Electric Utility Board) minutes and the April 9, 2015 Regular City Council Meeting lllinUtCS. 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 Mayor Pro Tem Jim Gerlt, seconded by Council Member Floyd Price to approve Items 5,1-5.14; 5.17-5.18; and 5.20-5.29. Vote: 7 - 0 Motion carried 5. 1. Budget Amendment Ordinance 2nd Reading -Finance: Ordinance No. 2015-00034, Amendment 17, amending the FY 2014-15 Budget for municipal put-poses respecting7 the Grant Fund to accept and appropriate funding from the National Recreation and Parl( Association for the Out-of-School Time Programs Grant; to accept and appropriate funding fi-orn the Texas Department of Transportation (TxDOT) for the Click-It or Ticket Selective Traffic Enforcement Program (STEP) Grant; providing for filing; and providing for a savings clause. 5. 1. 1. Resolution-Police: Resolution No. 2015-R0133 authorizing the Mayor to execute for and on behalf of the City an $8,982.64 state administered, federally funded, grant agreement 12342 for the Click It Or Ticket Selective Traf11c Enforcement Program. 5. 2. Budget Amendment Ordinance 2nd Reading -Finance: OrclinanceNo. 2015-00035, Amendment 19, amending the I_-'Y 2014-15 Budget for municipal purposes respecting the Capital Program to amend Capital Improvement Project(CIP) 91003, Bailey County Wellfield Improvements, and CIP 92255, Bailey County Well Field Supply Line/Pumping System; providing for filing; and providing for a savings clause. 5. 3. Budget Amendment Ordinance 1st Reading-Finance: Ordinance No. 2015-00045, Amendment 19, amending the FY 2014-15 Budget for municipal purposes respecting position control to reclassify six firefighter positions; providing for filing; and providing 27 for a savings clause, 1 5. 4. Budget Amendment Ordinance 1st Reading-Finance: Ordinance No. 2015-00046, Amendment 20, amending the FY 2014-15 budget for municipal purposes respecting the General Fund Capital Program to amend capital improvement project(CIP) 92358, City Hall Elevator Installation; providing providing for filing; and for a savings clause. M 4D 5. 5. Budget Amendment Ordinance 1st Reading -Finance: Ordinance No. 2015-00047, Amendment 21, amending the FY 2014-15 budget for municipal purposes respecting the Airport Fund Capital Program to intend capital improvement project (CIP) 92191, Airport Facility Improvements; providing for filing; and providing for a savings clause. 5. 6. Budget Amendment Ordinance 1st Reading -Finance: Ordinance No. 2015-00048., Amendment 22, amending the FY 2014-15 budget for municipal Purposes respecting the Storm Water Capital Program to establish Capital Improvement Project (CIP) 8599, Storm Water Utility Fee Re-StrUcture-, and respecting the General Fund to increase the transfer to the Storm Water Capital Project Fund; providing for filing; and providing for a savings clause. 5. 7. Resolution - Sto rmwa ter Engineering: ResolUtionNo. 2015-80134 authorizing the Mayor to execute Amendment I to Professional Services Contract 11195 with Freese and Nichols, Inc. of Lubbock, Texas for the Stormwater Utility Fee Update, RFQ 13-11132-MA. 5. 8. Resolution—Public Works: Resolution No. 2015-R0135 authorizing the Mayor to execute unit price Contract 12249 with Lone Star Dirt and Paving, Ltd. for the Frankford Avenue Mill and Relay Project, ITB 15-12249-TF. 5. 9. Resolution—Public Works: Resolution No. 2015-R0136 authorizing the Mayor to execute contract 12250 with Intermountain Slurry Sea], Inc for the 2015 Micro-Surfacing Project, RFP 15-12250-TF. 5. 10. Ordinance 2nd Reading— Right-of-Way: Ordinance No. 2015-000')6abandoning and closing a 5-foot underground utility casement and a 8-foot x 8-foot switching enclosure easement located in Tracts A, B, C, 13hakta Addition Lubbock County, Texas. 5. 11. Ordinance 1st Reading—Right-of-Way: Ordinance No. 2015-00049 abandoning and closing a 5-foot underground utility easement located in Lot I I-A-I-A, Tile Gables Addition Lubbock County, Texas., 5235 20th Street, Lubbock, Texas. S. 12. Resolution - Right-of-Way: Resolution No. 2015-RO137 authorizing the City Council 7 to accept on behalf of the City of Lubbock an easement From MJ Patterson Real Estate, LLC. aTexas Limited Liability Company, regarding the acquisition of right-Df-way for the Northwest Water Reclamation Project, easement being out of Section 14, Block A, Lubbock County, Texas. 5. 13. Resolution - Right-of-Way: Resolution No. 2015-R0138authorizing the City Council to accept on behalf of the City of Lubbock an easement from Rusty Patterson and wife, Gwen Patterson, regarding the acquisition of right-cf-way for the Northwest Water Reclamation Project, easement being out of Section 13, Block JS, Lubbock County, Texas. S. 14. Resolution - Right-of-Way: Resolution No. 2015-R01319 authorizing the City Council to accept an easement being out of Tract A, Charter Hospital Addition, Lubbock County, Texas on behalf of the City of Lubbock from Wayland Baptist University, regarding the acquisition of right-of-way for the-Northwest Water Reclamation Project. S. is. Resolution - Facilities: Resolution No, 2015-RO148 authorizing the Mayor to execute contract 12208 with Pharr and Company, for the renovations of the 19th Street Senior Citizens Center located at 2001 19th Street, RFP 15-12208-MA. Mark Yearwood, Assistant City Manager. and Wes Everett, Director of Facilities Management, gave comments and answered questions from City Council. Motion by Council Member Floyd Price, seconded by Mayor Pro Tern Jim Gerlt to approve Resolution No. 2015-80148. Vote: 6 - I Motion carried NAY: Council Member Jeff Griffith 5. 16. Resolution -Facilities: Resolution No. 2015-RO 149 authorizing the Mayor to execute Contract 12267 with Lee Lewis Construction, Inc., for the construction of New Fire Station I located at 1906 Texas Avenue, RFP 15-12267-MA. Mark Yearwood, Assistant City Manager; and Mike Kemp, Fire Chief, gave comments and answered questions from City Council. Motion by Mayor Pro Tern Jim Gerlt, seconded by Council Member Floyd Price to approve Resolution No. 2015-80 149. Vote: 7 - 0 Motion carried 5. 17. Ordinance 1st Reading-Civic Center: Ordinance No. 2015-00050 amending Chapter 14 of the Code of Ordinances of the City of Lubbock as it relates to Prohibited Noises Section 14.04.003(a) in connection with the amphitheatre located in Mackenzie Park. 5. 18. Resolution - Civic Center: Resolution No. 2015-RO140 authorizing the Mayor to execute contract 12')05 with Advance Elevator to provide elevator upgrades at the Lubbock Memorial Civic Center, ITIS 15-12305-PD. 5. 19. Resolution-Civic Center: Consider a resolution authorizing the Mayor to execute contract 12294 with Henthorn Commercial Construction, LLC to provide interior renovations at the Lubbock Memorial Civic Center located at 1501 Mac Davis Lane, RFP 12294-f>D. All bids rejected. Chad Weaver, City Attorney, gave comments and answered questions fi-orn City Council. Motion by Council Member Latrelle Joy, seconded by Council Member Karen Gibson to approve Resolution No. 2015-RO 150 amending' item 5.19 that the City Council of the City of Lubbock to reject any and all bids received for the Lubbock Memorial Civic Center interior renovations pursuant to RFP 12294-PD and order that.no contract be entered into in connections therewith. Vote: 7 - 0 Motion carried 5. 20. Resolution - Civic Center: Resolution No. 2015-RO 141 authorizino,4:5 the Mayor to execute contract 12290 with Yates Carpet, Inc. to provide carpet replacement at the Lubbock Memorial Civic Centel-, ITB 15-12290-PD. 5. 21. Resolution - Transit: Resolution No. 201 5-RO 142 authorizing the Mayor to execute all Interlocal Cooperation Contract (ICC) between the City of Lubbock and the Texas Department of Agriculture (TDA) for the purchase of advertising space on Citibus. 5. 22. Resolution—Police Department: Resolution No. 2015-RO 143 authorizing tile Mayor to execute contract 12.266 with GT Distributors, Inc. for duty and training ammunition, ITB 15-12266-SS, 5. 23. Resolutions - Police Department: Resolution No.'s 2015-RO144, 2015-80145, 2015-R0146, and 2015-RO 147 authorizing the Mayor to execute a new Interlocal Forfeiture Agreement between the City of Lubbock La"(Enforcement Agencies and the C, Lubbock County Criminal District Attorney's Office. 5. 24. Ordinance 2nd Reading—Planning: Ordinance No. 2015-00042, for Zone Case 2173-H, a request of Paul Fields, for Fields Land & Cattle, Ltd., for a zoning change fi-orn C-2 to C-4 Specific Use for mini warehouses oil Lot I B2, Whisperwood Financial Addition, 220 Slide Road, 5. 25. Ordinance 2nd Reading—Planning: Ordinance No. 2015-00040, for Zone Case 2573-N, a request of Hugo Reed and Associates. Inc., for Umer Hospitality, for a zoning change from A-2, C-3, and Interstate Highway Commercial (IHC) to IHC for a hotel on two acres Of Unplatted land Out of Block JS, Section 1, north of 2nd Drive and west of Slide Road. 5. 26. Ordinance 2nd Reading—Planning: Ordinance No. 2015-00037, for Zone Case 2690-8, a request of GRACO Real Estate Development for a zoning change from C-3 to Interstate Highway Commercial (II-IC) on 4.580 acres ofunplatted [and Out of Block AK, Section 44, 2402 West Loop 289. 5. 27. Ordinance 2nd Reading—Planning: Ordinance No. 2015-00038,8, for Zone Case 321 1:3 -A, a request of Hugo Reed and Associates, Inc., for Fountain Hills LP, for a zoning change from R-I Specific Use to R-I Specific Use for Garden Homes on 3.8 acres of Unplatted land Out of Block AK, Section 2l, north of I l4th Street and west of Frankrord Avenue. 5. 28. Ordinance 2nd Reading—Planning: Ordinance Flo. 2015-00039, for Lone Case 3252, a request of Hugo Reed and Associates, Inc., for Ron Steele, for a change e from Z� 4:) R-I to R-I Specific Use for Garden Hornes on 2.8 acres Of Unplatted land Out Of Block E-2, Section 5, south of 24th Street and west of Slide Road. 5. 29. Ordinance 2nd Reading—Planning: Ordinance No. 2015-00041, for Zone Case 3253), a request of David Barrett for a zoning change from Transitional (T) to Interstate Highway Commercial (IHC) on 0.911 acres of unplatted land out of Block AK, Section 31, 7427 Marsha Sharp Freeway. 5. 30. Ordinance 2nd Reading—Planning: Ordinance No. 2015-00043 of City of Lubbock to amend Chapter 40 of the Code of Ordinances by amending Division 3, R-I Single 0 Family Districts, to allow for the keeping of more than six chicken hens as a conditional use. Motion by Council Member Victor Hernandez,seconded by Council Member Floyd Price to approve Ordinance No. 2015-00043. Vote: 6 - I Motion carried NAY: Mayor Glen C. Robertson 5. 31. Ordinance 2nd Reading -Planning: Ordinance No. 2015-00044 of the City of Lubbock to amend Chapter 4 of the Code of Ordinances, City of Lubbock, Entitled "Animals" by amending Section 4.07.001, "Keeping of Other Animals; Nuisance Conditions" to allow for the Keeping of Chicken hens Subject to certain restrictions; providing a penalty, providing a savings clause; and providing for publication. Motion by Council Member Victor Hernandez,seconded by Council Member Floyd Price to approve Ordinance No. 2015-00044. Vote: 6 - I Motion carried NAY: Mayor Glen C. Robertson 6:24 P.M. CITY COUNCIL ADJOURNED There being no further business to come before Council, Mayor Robertson adjourned the meeting. GLE /C. ROBERTSON. MAYOR ATTEST: °' Rob t ca Garza, City Secretart—)