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HomeMy WebLinkAboutMinutes - City Council - Regular - 10/23/2014 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING October 23,2014 2:30 P.M. The City Council of the City of Lubbock,Texas met in regular session on the 23rd of October,2014,in City Council Chambers,City Hall,162513th Street, Lubbock,Texas at 2:30 p.m. 2:30 P.M. CITY COUNCIL CONVENED City Council Chambers, 162513th Street,Lubbock,Texas Present: Mayor Glen C.Robertson;Mayor Pro Tern Jim Gerit;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 Attorney Chad Weaver;Deputy City Secretary Thomas Harris III Note: City Council addressed agenda items in the following order *Executive Session; 2.1-2.3; 2.5, 2.4; 2.6-2.7; 622; Citizen Comments 3.1-3.2, 3.4, 3.3; Citizen Comments (Sign-ups) 3.8, 6.1-6.19, 6.23-6.24; 4.1; 5.1-5.11; 5.13-5.18, and 5.12. *Item 6.22 was postponed indefinitely. a Item 6 14 was postponed to the November 6, 2014 Regular City Council Meeting. *Items 6.20-6.21 were deleted. 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,to discuss pending or contemplated litigation or settlement agreement,and hold a consultation with attorney. 1. 1. 1. Discuss a proposed Sanitary Sewer Overflow Initiative(SSOI)pursuant to Texas Commission on Environmental Quality(TCEQ)regulations for the Southwest Water Reclamation Plant. 1. 1. 2. Storm Water. I. 1. 3. Case No.2013-508,039-City of Lubbock v.Lubbock Omni Office, Inc.et.al. 1. 1. 4. Villa Del Norte, 1913 Saylor Street,Lubbock,Texas. I. 1. 5. Eagle Pointe Apartments,6127 Avenue R,Lubbock,Texas. 1. 1. 6. Consultation with attorney concerning relevant Texas Attorney General rulings and opinions and other authority addressing access to municipal records by elected officials. 1. 1. 7. Consultation with attorney concerning the qualifications for service on the Appointments Advisory Board pursuant to Resolution No.4901 dated July 13, 1995. 1. 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. 1. 2. 1. Omni Building, 1206 14th Street, Lubbock,Texas, 1. 2. 2. Police Department. 1. 3. Hold an executive session in accordance with the Texas Government Code,Section 551.074,to discuss personnel matters. 1. 3. 1. City Attorney 1. 3. 2. City Manager 1. 3. 3. City Secretary 1. 4. Hold an executive session in accordance with Texas Government Code,Section 551.074,to discuss personnel matters regarding the duties,responsibilities,and/or appointments to the Canadian River Municipal Water Authority,Electric Utility Board,Permit&License Appeal Board,Planning&Zoning Commission,and Urban Design&Historic Preservation Commission. 5:15 P.M.CITY COUNCIL RECONVENED► Council Chambers 2. Proclamations and Presentations 2. 1. Invocation by Pastor Paul Lively,Focal Point Fellowship Church Pastor Paul Lively, Focal Point Fellowship 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. 2. 3. Presentation of a special recognition of Paralegal Day. Council Member Latrelle Joy presented a special recognition recognizing October 23,2014 as the founding day of the Paralegal Division of the State Bar of Texas.Members of the West Texas Paralegal Association and the Lubbock Legal Professionals Association appeared to accept the recognition. 2. 4. Presentation of a special recognition for Service to the Community to the Junior Ambassadors students. Council Member Latrelle Joy,along with Mayor Pro Tern Jim Gerlt,presented a special recognition recognizing the Junior Ambassadors students for their service to the community.Fausto Montes,Titus Lie,Zachary Goodwin,Alex Joy,Austin Phillips,Kwintzie Scott,CallieAnn Johnston,Abigael Jordan, Sarah O'Briant,and Samantha Holmes appeared to accept their recognitions. 2. 5. Presentation of special recognition to Rotary Club 01"LLibbock, Greater Southwest Lubbock Rotary Club, and Rotary Club ol'Metropolitan Lubbock in recognition of their humanitarian efforts in connection with World Polio Day. Council Member Latrelle Joy presented a special recognition to the Rotary Club of Lubbock, Greater Southwest Lubbock Rotary Club,and Rotary Club of Metropolitan. Lubbock in recognition of their humanitarian efforts in connection with World Polio Day. Sarah Lee Morris and Bill Morris, of the Rotary Club of Metropolitan Lubbock; and Ben Locke,Jerry Bell, and Sid Chance, of the "Downtown" Rotary Club of Lubbock, appeared to accept the recognition. 2. 6. Presentation of a special recognition to the City of Lubbock- Finance Department. The Government Finance Officers Association of the United States and Canada has presented the City of Lubbock Accounting Department the Award of Financial Reporting and Achievement on the Comprehensive Annual Financial Report(CAFR). "Phis certificate is the highest form ofrecognition in the area of governmental accounting and financial reports, and represents a significant accomplishment. Mayor Pro Tern Ain Gerlt presented the City of Lubbock Finance and Accounting Departments with the Award of Financial Reporting and Achievement on the Comprehensive Annual Financial Report (CAFR). 2. 7. Board Recognitions: Presented by Mayor Pro Tern Jim Gerlt Lubbock Economic Development Alliance Board of Directors-. Mark Griffin Market Lubbock Inc. Board of Directors: Mark Griffin Model Codes& Construction Advisory Board: Miles Hardaway(unable to attend) Gary Rothwell (unable to attend) North Point Public Improvement District Advisory Board: David Miller(unable to attend) Veterans Advisory Committee: Todd Mistrot(unable to attend) Water Board of Appeals: Jay Taylor(unable to attend) Zoning Board of Adjustment: Paul Goebel 3. Citizen Comments- Pursuant to City Council Resolution 2014-R0321), 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: http://)N,ww.ei.lubbock.tx.tis/eity-council/ruies-foi--public-coniments/publie-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. 1. Mikel Ward will appear before the City Council to discuss items 6.17,6.24,6.2 1,and 6.22. Mike Ward appeared before the City Council to speak in opposition of items 6.22(smoking ordinance), and items 6.20-6.21 (North&East Lubbock Community Development Corporation), 3. 2. John Lee Curtis will appear before the City Council to discuss item 6.22. John Lee Curtis appeared before the City Council to speak in opposition of item 6.22(smoking ordinance). 3. 3. Burley Owen will appear before the City Council to discuss items 6.20 and 6.21. Burley Owen appeared before the City Council to speak in opposition of items 6.20 and 6.21 (North& East Lubbock Community Development Corporation). 3. 4. Scott Stephenson will appear before the City Council to discuss item 6.22. Scott Stephenson appeared before the City Council to speak in opposition of item 6.22(smoking ordinance). 3. 5. Dr.Candy Arentz will appear before the City Council to discuss item 6.22. Dr.Candy Arentz did not appear. 3. 6. Dr.Scott Shurmur will appear before the City Countil to discuss item 6.22. Dr.Scott Shurmur did not appear. S 3. 7. Lexi Phillips will appear before the City Council to discuss item 6.22. Lexi Phillips did not appear. 3. 8. Sign-ups: «Andy Hutchison, Andrea Thompson,Nitra Barnes,Joe Pixler,Kim Pharr,Kimberly Pharr,Bill Curnow,Summer Blackbourne,Veronica Mora(submitted written comments),Daniel Winograd, Aaron Forgette,Ellen Cotton,Travis Pharr,and Joseph Kelley appeared before City Council to speak in opposition of item 6.22(smoking ordinance). r Deanne Clark appeared before City Council to speak in opposition of items 6.20 and 6.21 (North& East Lubbock Community Development Corporation). 4. Minutes 4. 1. August 19, 2014 Special City Council Meeting(Electric Utility Board) September 5,2014 Special City Council Meeting(Electric Utility Board) September 23,2014 Special City Council Meeting(Texas Municipal League) September 25,2014 Regular City Council Meeting F 1 Motion by Mayor Pro Tern Jim Gerit, seconded by Council Member Karen Gibson to approved the August 19,2014 Special City Council Meeting(Electric Utility Board)minutes;the September 5,2014 Special City Council Meeting(Electric Utility Board)minutes;the September 23,2014 Special City Council Meeting(Texas Municipal League)minutes;and the September 25,2014 Regular City Council Meeting 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 Mayor Pro Tern Jim Gerlt, seconded by Council Member Floyd Price to approved items 5.1-5.11;and 5.13-5.18. Vote: 7-0 Motion carried 5. 1. Budget Amendment Ordinance 1st Reading-Finance: Ordinance No.2014-00152,Amendment 1, amending the FY 2014-15 budget for municipal purposes respecting the Grant Fund to accept and appropriate funding from the Texas Department of State Health Services(DSHS)for the Public Health Emergency Preparedness(PREP)Supplemental Grant-,providing for filing;and providing for a savings clause. 5. 2. Resolution—Public Works Engineering: Resolution No.2014-80359 authorizing the Mayor to execute an agreement with the Texas Department of Transportation(TxDOT)to contribute Right-of-Way funds for the adjustment of utilities for highway improvements on the Marsha Sharp Freeway Phase 5-B. 5. 3. Resolution—Public Works Streets : Resolution No. 2014-80360 authorizing the Mayor to execute unit price Contract 12009 with West Texas Paving, Inc.of Lubbock,Texas,for the 2014 Asphalt and Concrete Patching Project Phase Two,ITB 1412009-DG. 5. 4. Ordinance 2nd Reading—Right-of-Way: Ordinance 2014-00138 abandoning and closing a portion of 9th Street and 10th Street between Avenue S and Avenue R and the alley south of Glenna Goodacre Blvd. located in Blocks 115, 116,and a portion of 119,Overton Addition,Lubbock,Texas. S. S. Resolution-Right-of-Way:Resolution No.2014-R0361 authorizing the City Council to accept,on behalf of the City of Lubbock,an easement from Northwest Passage Joint Venture,regarding the acquisition of right-of-way for the Northwest Water Reclamation Project,easements being out of Section 11,Block JS,and Section 14,Block A,Lubbock County,Texas. 5. 6. Resolution-Right-of-Way: Resolution No.2014-R0362 authorizing the City Council to accept,on behalf of the City of Lubbock,a Street and Public Use Dedication Deed from Attebury Grain,LLC regarding the acquisition of right-of-way for the Northwest Water Reclamation Project,Dedication Deed being out of Section 11,Block JS,and Section 14,Block A Lubbock County,Texas. S. 7. Resolution-Right-of-Way:Resolution No.2014-80363 authorizing the City Council to accept,on behalf of the City of Lubbock,an easement from Wayland Baptist University,regarding the acquisition of right-of-way for the Northwest Water Reclamation Project,easement being out of Tract A,Charter Hospital Addition,Lubbock County,Texas. 5. 8. Resolution-Right-of-Way: Resolution No.201480364 authorizing the City Council to accept,on behalf of the City of Lubbock,an easement from Marilyn Neill,regarding the acquisition of right-of-way for the Northwest Water Reclamation Project,easement being out of Section 11,Block JS,Lubbock County,Texas. 5. 9. Resolution-Right-of-Way: Resolution'No.2014-110365 authorizing the City Council to accept,on behalf of the City of Lubbock,a Street and Public Use Dedication Deed from Marilyn Neill regarding the acquisition of right-of-way for the Northwest Water Reclamation Project,Dedication Deed being out of Section 11,Block JS, Lubbock County,Texas. 5. 10. Resolution-Right-of-Way: Resolution No.2014-84366 authorizing the City Council to accept,on behalf of the City of Lubbock,a Street and Public Use Dedication Deed from Rusty Patterson and wife, Gwen Patterson,regarding the acquisition of right-of-way for the Northwest Water Reclamation Project, Dedication Deed being out of Sections 13 and 22,Block JS,Lubbock County,Texas. 5. 11. Resolution-Right-of-Way: Resolution No.2014-80367 authorizing the City Council to accept,on behalf of the City of Lubbock,a Street and Public Use Dedication Deed from Lester Shaver regarding the acquisition of right-of-way for the Northwest Water Reclamation Project, Dedication Deed being out of Section 11, Block JS,Lubbock County,Texas. 5. 12. Resolution-Fleet: Resolution No.2014-84374 authorizing the Mayor to execute purchase order contract 31020710 with Roberts Truck Center for Left Hand Drive,Tandem Drive Rear Axle, Diesel-Powered,Cab&Chassis for the Solid Waste Department,ITB 14-12014-KS. Scott Snider,Assistant City Manager,gave comments and answered questions from City Council. Motion by Council Member Floyd Price,seconded by Council Member Jeff Griffith to approve Resolution No.2014-110374. Vote: 7-0 Motion carried 5. 13. Resolution-Fleet: Resolution No.2014-80368 authorizing the Mayor to execute purchase order contract 31020708 with Kann Manufacturing Corporation for five refuse collection side loaders. 5. 14. Resolution-Health Services: Resolution No.2014-80369 authorizing and directing the Mayor to execute a renewal of the Lubbock County Medical Indigent Program Provider Agreement 12.077 to provide certain public health services for indigent residents of Lubbock County. 5. 15. Resolution-Health Services: Resolution No.2014-80370 authorizing and directing the Mayor to enter into agreement 12078 with StarCare Specialty Health System to increase opportunities for health lifestyle choices that will reduce incidence of HIV infection and provide alcohol,tobacco,and other drug prevention and intervention services to the community. 5. 16. Resolution-Radio Shop: Resolution No.2014-80371 authorizing the Mayor to execute contract 12063 with Dailey Wells Communications, Inc.,for a two-way radio system upgrade. S. 17. Resolution—Information Technology: Resolution No.2014-80372 authorizing the Mayor to execute 12061 with Xerox Corporation for workcentre printers and consumable supplies. 5. 18. Resolution-Community Development: Resolution No.2014-80373 authorizing the City Council to approve the price and conditions of sale by the Urban Renewal Agency of a vacant lot to Michael Johnson located at 2630 Ivory to enlarge his adjoining residential property at 2628 Ivory,designated as parcel 78990-56-8 and legally described as Lot 8, Sieber Subdivision of Block 56,Wheelock's 2nd Addition to the City of Lubbock, Lubbock County,Texas. 6. Regular Agenda 6. 1. Public Hearing 5:30 p.m.—Planning: Ordinance No.2014-00132,for Zone Case 3116-G,a request of Hugo Reed and Associates,Inc.,for FP Investors 1,LLC,for a zoning change from R-2 Specific Use to R-1 Specific Use on 10 acres of unplatted land out of Block AK, Section 4,south of 130th Street and east of Memphis Avenue. Mayor Robertson opened the public hearing at 7:07 p.m. No one appeared to speak in favor or opposition. Mayor Robertson closed the public hearing at 7:08 p.m. Motion by Council Member Karen Gibson,seconded by Mayor Pro Tern Jim GerIt to approve Ordinance No.2014-00132. Vote: 7-0 Motion carried 6. 2. Public Hearing 5:30 p.m.—Planning: Ordinance No.2014-00139, for Zone Case 3237,a request of James Dirks,for Indiana Associates,LLC,for a zoning change from R-I to AM on Lot 7,Block 2, Squyers Place Addition,3413 22nd Street. Mayor Robertson opened the public hearing at 7:08 p.m. No one appeared to speak in favor or opposition. Mayor Robertson closed the public hearing at 7:09 p.m. Motion by Mayor Pro Tern Jim Gerlt, seconded by Council Member Jeff Griffith to approve Ordinance No.2014-00139. Vote: 7-0 Motion carried 6. 3. Public Hearing 5:30 p.m.—Planning: Ordinance No.2014-00140,for Zone Case 3238,a request of Graciela y Fe Propiedad,LLC for a zoning change from R-1 to R-2 on Lots 3 through 5,Block 18,West End Place Addition,6411,6413,6415,and 6417 24th Street. Dennis Carrizales, Senior Planner;and George McMahan,President of the West Texas Home Builders Association,gave comments and answered questions from City Council. Mayor Robertson opened the public hearing at 7:09 p.m. No one appeared to speak in favor or opposition. Mayor Robertson closed the public hearing at 7:10 p.m. Motion by Council Member Karen Gibson,seconded by Council Member Jeff Griffith to approve Ordinance No.2014-00140. Vote: 7.0 Motion carried 6. 4. Public Hearing S:30 p.m.—Planning: Ordinance No.2014-00141,for Zone Case 3003-C,a request of Hugo Reed and Associates,Inc.,for Fountain Hills LP,for a zoning change from C-2 and R-1 Specific Use to C-4 Specific Use for mini storage and RV storage on 6.9 acres of unplatted land out of Block AK,Section 21,northeast corner of Milwaukee Avenue and 107th Street. Terry Holeman,Director of Development Services for Hugo Reed and Associates,Inc.,gave comments and answered questions from City Council. Mayor Robertson opened the public hearing at 7:13 p.m. No one appeared to speak in opposition. Terry Holeman,Director of Development Services for Hugo Reed and Associates,Inc.,appeared to speak in favor. Mayor Robertson closed the public hearing at 7:14 p.m. Motion by Council Member Karen Gibson,seconded by Council Member Jeff Griffith to approve Ordinance No.2014-00141. Vote: 7-0 Motion carried 6. 5. Public Hearing 5:30 p.m.—Planning: Ordinance No.2014-00142, for Zone Case 3003-D,a request of Hugo Reed and Associates,Inc.,for Fountain Hills LP,for a zoning change from GO and R-I Specific Use to A-I on 16.7 acres of unplatted land out of Block AK,Section 21,south of 98th Street and east of Kline Avenue. Mayor Robertson opened the public hearing at 7:15 p.m. No one appeared to speak in favor or opposition. Mayor Robertson closed the public hearing at 7:16 p.m. Motion by Council Member Karen Gibson,seconded by Mayor Pro Tern Jim Gerit to approve Ordinance No.2014-00142. Vote: 7-0 Motion carried 6. 6. Public Hearing 5:30 p.m.—Planning: Ordinance No.2014-00143,for Zone Case 3239,a request of Yolanda Larez for a zoning change from C-3 to C-4 on the cast 124.73 feet of Lot 1,Block 1,Burleson Osborne Heights Addition,2801 Clovis Road. Mayor Robertson opened the public hearing at 7:16 p.m. No one appeared to speak in favor or opposition. Mayor Robertson closed the public hearing at 7:16 p.m. Motion by Mayor Pro Tern Jim Gerlt, seconded by Council Member Karen Gibson to approve Ordinance No.2014-00143. Vote: 7-0 Motion carried 6. 7. Public Hearing 5:30 p.m.—Planning: Ordinance No.2014-00144, for Zone Case 3240,a request of McCanton Woods L.C.for a zoning change from R-2,R-3,A-I and A-2 to A-3 Specific Use for apartments on the south 30 feet of Lot 1, Lots 2 through 9,the south 30 feet of Lot 10,Block 115,Lots I through 10,Block 116,Lots I through 4 and 9 through 12,Block 119,Overton Addition,and a portion of 9th Street, 10th Street,and the alleys located in Blocks 115 and 116 and a portion of the alley in Block 119,proposed Tract 22,Overton Park Addition,south of Glenna Goodacre Boulevard,between Avenue S and Avenue R. Marc McDougal,representing McCanton Woods,gave comments and answered questions from City Council. Mayor Robertson opened the public hearing at 7:17 p.m. No one appeared to speak in opposition. Marc McDougal,representing McCanton Woods,appeared to speak in favor. Mayor Robertson closed the public hearing at 7:18 p.m. Motion by Mayor Pro Tem Jim Gerlt,seconded by Council Member Jeff Griffith to approve Ordinance No.2014-00144. Vote: 7-0 Motion carried 6. 8. Public Hearing 5:30 p.m.-Planning: Ordinance No.2014-00145,for Zone Case 2627-G,a request of Alma Jaramillo to amend the conditions of Ordinance 2013-00115 to allow a tamale plant on the east half of Lot 2,Block 2,West End Place Addition,6205 19th Street. Mayor Robertson opened the public hearing at 7-19 p.m. No one appeared to speak in favor or opposition. Mayor Robertson closed the public hearing at 7:19 p.m. Motion by Council Member Karen Gibson,seconded by Mayor Pro Tem Jim Gerlt to approve Ordinance No.2014-00145. Vote:7-0 Motion carried 6. 9. Public Hearing 5:30 p.m.—Planning: Ordinance No.2014-00146,for Zone Case 2565-C,a request of Vincent Gerard&Associates,Inc.,for Verizon Wireless, for a zoning change from A-2 to A-2 Specific Use for a telecommunications tower on.2296 acres of unplatted land, 1102 70th Street. Dennis Carrizales,Senior Planner,gave comments and answered questions from City Council. Mayor Robertson opened the public hearing at 7:20 p.m. No one appeared to speak in opposition. Vincent Huebinger,with Vincent Gerard&Associates,Inc.,appeared to speak in favor. Mayor Robertson closed the public hearing at 7-20 p.m. Motion by Council Member Jeff Griffith, seconded by Mayor Pro Tcm Jim Gerlt to approve Ordinance No.2014-00146. Vote: 7-0 Motion carried 6. 10. Public Hearing 5:30 p.m.-Planning: Ordinance No.2014-00147, for an annexation from SWLLD, LLC to annex a parcel approximately 206 acres(in Block AK Section 9)adjacent to the city limits South of 130th Street(FM 1585)west of Frankford Avenue. Andrew Paxton,Director of Planning;and Burl Masters,representing Masters and Associates,gave comments and answered questions from City Council. Mayor Robertson opened the public hearing at 7:22 p.m. No one appeared to speak in opposition. Burl Masters, representing Masters and Associates,appeared to speak in favor. Mayor Robertson closed the public hearing at 7:23 p.m. Motion by Council Member Karen Gibson,seconded by Council Member Jeff Griffith to approve Ordinance No.2014-00147. Vote:4-3 Motion carried NAY: Council Member Victor Hernandez Council Member Latrelle Joy Council Member Floyd Price 6. 11. Public Hearing 5:30 p.m.-Planning: Ordinance No.2014-00148,for an annexation from 1585 Development,LLC,W.D. Vardeman,Raymond Dean Vardeman, Wendell Keith Vardeman,and Holly Joy Vardeman Schellhase,to annex a parcel approximately 287.318 acres(in Block AK Section 1) adjacent to the city limits south of 130th Street(FM 1585)east of Indiana Avenue. Burl Masters,representing Masters and Associates,gave comments and answered questions from City Council. Mayor Robertson opened the public hearing at 7:30 p.m. No one appeared to speak in opposition. Burl Masters, representing Masters and Associates,appeared to speak in favor. Mayor Robertson closed the public hearing at 7:30 p.m. Motion by Mayor Pro Tern Jim Gerit,seconded by Council Member Karen Gibson to approve Ordinance No.2014-00148. Vote: 5-2 Motion carried NAY: Council Member Victor Hernandez Council Member Latrelle Joy 6. 12. Public Hearing 5:30 p.m.-Planning: Ordinance No.2014-0149,for an annexation from Slide& 1585,LLC,Capricho Interiors,LLC,JJ Miller Enterprises,LLC,and Cash Register Services,Inc,to annex a parcel approximately 187.275 acres(in Block AK Section 8)adjacent to the city limits south of 130th Street(FM 1585)west of FM 1730(Slide Road). Burl Masters,representing Masters and Associates,gave comments and answered questions from City Council. Mayor Robertson opened the public hearing at 7:34 p.m. No one appeared to speak in opposition. Burl Masters,representing Masters and Associates,appeared to speak in favor. Mayor Robertson closed the public hearing at 7:34 p.m. Motion by Council Member Karen Gibson,seconded by Mayor Pro Tem Jim Gerlt to approve Ordinance No.2014-00149. Vote: 4-3 Motion carried NAY: Council Member Victor Hernandez Council Member Latrelle Joy Council Member Floyd Price 6. 13. Public Hearing 5:30 p.m.-Planning: Ordinance No.2014-00150,for an annexation from George H. McMahan,to annex a parcel approximately 95.4 acres(in Block E2 Section 24)adjacent to the city limits south of 114th Street east of Frankford Avenue. Eddie McBride, President and CEO of the Lubbock Chamber of Commerce,gave comments and answered questions from City Council. Mayor Robertson opened the public hearing at 7:39 p.m. No one appeared to speak in opposition. George McMahan,President of the West Texas Home Builders Association;and Eddie McBride, President and CEO of the Lubbock Chamber of Commerce,appeared to speak in favor. Mayor Robertson closed the public hearing at 7.40 p.m. Motion by Council Member Jeff Griffith, seconded by Council Member Karen Gibson to approve Ordinance No.2014-00150. Vote:6- I Motion carried NAY: Council Member Victor Hernandez 6. 14. Resolution-Planning: Consider a resolution approving and granting a variance from the applicable 300-feet minimum distance provisions of City of Lubbock Ordinance 2009-00060 at the location of 4202 Avenue A,an It's Another Tobacco Road store requesting an off-premise alcoholic beverage permit. This item was postponed. Motion by Council Member Victor Hernandez,seconded by Council Member Latrelle Joy to postone this item to the November 6,2014 Regular City Council Meeting. Vote: 6- I Motion carried NAY: Mayor Glen C. Robertson 6. 15. Resolution-Planning: Resolution No. 2014-RO355 approving and granting a variance from the applicable 300-feet minimum distance provisions of City of Lubbock Ordinance 2009-00060 at the location of 1628 Avenue Y(northwest comer of 19th Street and Avenue Y),a Lubbock Breakfast House &Tasty Impressions restaurant requesting an on-premise and off-premise alcoholic beverage permit. Motion by Council Member Latrelle Joy,seconded by Council Member Karen Gibson to approve Resolution No.2014-R0355. Vote:6- I Motion carried NAY- Mayor Pro Tern Jim Gerit 6. 16. Resolution—Public Works Engineering: Resolution No-2014-110356 authorizing the Mayor to approve a Local Implementation Plan for Lubbock,which outlines two options presented by Texas Department of Transportation(TxDOT) for the City of Lubbock, Steve Warren,representing Texas Department of Transportation;and James Loomis,City Manager,gave comments and answered questions from City Council. Motion by Council Member Karen Gibson,seconded by Council Member Jeff Griffith to approve Resolution No.2014-RO356,selecting Option 1, "Remaining Value Applied to a Single Project in FY 2016". Vote: 4-3 Motion carried NAY: Council Member Victor Hernandez Council Member Latrelle Joy Council Member Floyd Price 6. 17. Ordinance 1st Reading—Wastewater: Ordinance No.2014-00151 amending Chapter 22 of the Code of Ordinances of the City of Lubbock,Texas,regarding rates charged for residential wastewater service, measurement of commercial in-plant losses,disconnection for non-payment of commercial wastewater service,payment for commercial sanitary sewer line blockages and spillage,wastewater permit applications and revocations,grease traps and wastewater monitoring facilities,septic tank emptying, industrial wastewater sampling fees,and municipal setting designation applications;providing a savings clause; providing a penalty clause;and providing for publication. Motion by Council Member Karen Gibson,seconded by Council Member Latrelle Joy to approve Ordinance No.2014-030151. Vote: 7-0 Motion carried 6. 18. Ordinance 2nd Reading-Finance: Ordinance No.2014-00124 amending Chapter 22 of the Code of Ordinances for the City of Lubbock with regard to the Municipal Drainage Utility and related definitions;adoption of State law;related billing rules and procedures therefor;appeals of assessment, billing,and payment disputes;discontinuance of service; repeating the formula and schedule of municipal drainage charges as set forth in Ordinance No.2011-00080;providing a savings clause, providing a penalty clause;and providing for publication. Motion by Council Member Karen Gibson,seconded by Council Member Latrelle Joy to approve Ordinance No.2014-00124. Vote: 7-0 Motion carried 6. 19. Resolution-Finance: Resolution No.2014-80357 amending the schedule of drainage charges to accommodate improvements to be made to the City's drainage system Motion by Council Member Karen Gibson,seconded by Council Member Jeff Griffith to approve Resolution No.2014-80357. Vote: 5-2 Motion carried NAY: Mayor Glen C. Robertson Mayor Pro Tern Jim Gerlt 6. 20. Resolution-Finance: Consider a resolution authorizing the Mayor to execute the North and East Lubbock Community Development Corporation(NELCDC)Grant Management agreement for promoting economic development. This item was deleted. 6. 21. Contract Resolution—Finance: Consider a resolution approving the North and East Lubbock Community Development Corporation(NELCDC)FY 2014-15 Budget. This item was deleted. 6. 22. Ordinance 1st Reading-City Council: Consider an ordinance amending Chapter 8, Businesses and Amusements,by amending Article 8.17,Smoking;Tobacco Products,to the Code of Ordinances of the City of Lubbock,Texas,in regard to prohibiting smoking in public places,providing for exceptions, prohibiting smoking in work places,regulating tobacco sales or samples to minors,regulating e-cigarette sales to and use by minors,providing a penalty,providing a savings clause,and providing for publication. This item was postponed indefinitely. Motion by Council Member Latrelle Joy,seconded by Council Member Floyd Price to consider item 6.22,following Proclamations and Presentations. Vote: 4-3 Motion carried NAY: Mayor Glen C. Robertson Council Member Karen Gibson Council Member Jeff Griffith Motion by Council Member Floyd Price,seconded by Council Member Latrelle Joy to postpone item 6.22 indefinitely. Vote:4-3 Motion carried NAY. Mayor Glen C. Robertson Council Member Karen Gibson Council Member Jeff Griffith 6. 23. Resolution-City Secretary: Resolution No.2014-80358,authorizing the creation of the Annexation& Growth Advisory Committee,and to consider appointments to the Committee. Motion by Council Member Karen Gibson,seconded by Mayor Pro Tem Jim Gerlt,to approve Resolution No.2014-80358,authorizing the creation of the Annexation&Growth Advisory Committee. Vote: 7-0 Motion carried Annexation & Growth Advisory Committee: Motion by Council Member Jeff Griffith,seconded by Council Member Karen Gibson to appoint Trey Strong for the Home Builder position. Vote: 7-0 Motion by Council Member Karen Gibson,seconded by Council Member Floyd Price to appoint George McMahan for the Real Estate position. Vote: 7-0 Nominations for the Engineering and Planning Consultant position were as follows: Cory Dulin Terry Holeman Motion by Council Member Floyd Price,seconded by Mayor Pro Tern Jim Gerlt,to close the nominations. Vote: 7-0 Votes were taken as follows: Cory Dulin-Mayor Glen C. Robertson,Mayor Pro Tern Jim Gerlt,and Council Member Karen Gibson. Terry Holeman-Council Members Victor Hernandez,Jeff Griffith,Latrelle Joy,and Floyd Price. Terry Holeman was appointed to the Engineering and Planning Consultant position. Nominations for the two At-Large member positions were as follows: Maurice Stanley Alan Henry Motion by Council Member Floyd Price,seconded by Council Member Victor Hernandez to close the nominations. Vote: 0-7 NAY,Mayor Glen C.Robertson Mayor Pro Tern Jim Gerlt Council Member Victor Hernandez Council Member Karen Gibson Council Member Jeff Griffith Council Member Latrelle Joy Council Member Floyd Price An additional nomination of Greg Garrison was added to the previous nominations for the two At-Large member positions. Votes were taken as follows: Alan Henry-Mayor Glen C.Robertson,and Council Members Victor Hernandez and Latrelle Joy Greg Garrison-Mayor Glen C.Robertson,Mayor Pro Tern Jim Gerlt,and Council Members Karen Gibson and Jeff Griffith. Maurice Stanley-Mayor Pro Tern Jim Gerlt,and Council Members Victor Hernandez, Karen Gibson, Jeff Griffith, Latrelle Joy,and Floyd Price. Greg Garrison and Maurice Stanley were appointed for the two At-Large member positions. The following members were appointed to the Annexation&Growth Advisory Committee: Trey Strong George McMahan Terry Holeman Maurice Stanley Greg Garrison 6. 24. Board Appointment-City Secretary: Consider five appointments to the Airport Board,one appointment to the Appointments Advisory Board,one appointment to the Canadian River Municipal Water Authority,four appointments to the Electric Utility Board,one appointment to the Market Lubbock Inc.Board of Directors,three appointments to the Museum&Arts Standing Sub-Committee, one appointment to the Permit&License Appeal Board,four appointments to the Planning&Zoning Commission,and one appointment to the Urban Renewal&Historic Preservation Commission. Airport Board: Motion by Council Member Floyd Price,seconded by Council Member Jeff Griffith to reappoint Margaret Randle and Brent Underwood. Vote: 7-0 Motion carried Motion by Council Member Karen Gibson,seconded by Mayor Pro Tem Jim Gerlt to appoint Grady Terrill to replace Greg Garrison. 0 Vote: 7-0 Motion carried Motion by Council Member Jeff Griffith,seconded by Council Member Floyd Price to appoint prank Sitton to replace Mark Piercy. Vote: 7-0 Motion carried Motion by Mayor Pro Tem Jim Gerlt,seconded by Council Member Latrelle Joy to appoint Arnold Mincey to replace Bill Young. Vote: 7-0 Motion carried Appointments Advisory Board: Motion by Council Member Latrelle Joy,seconded by Council Member Floyd Price to postpone this item to a Regular City Council Meeting following the November Appointments Advisory Board Meeting, Vote: 7-0 Motion carried Canadian Diver Municipal''Water Authority Board: Motion by Mayor Pro Tem Jim Gerlt,seconded by Council Member Jeff Griffith to appoint Jay House to replace Jim Conkwright. Vote: 6- 1 Motion carried NAY:Mayor Glen C.Robertson Li Market Lubbock Inc.Board: Motion by Council Member Karen Gibson,seconded by Council Member Latrelle Joy to appoint Kristin Murray to replace Rob Meyer. Vote: 7-0 Motion carried Museum& Arts Standing Sub-Committee: Motion by Council Member Floyd Price,seconded by Mayor Pro Tem Jim Gerlt to reappoint Heather Hocker,Patricia Maines,and Larry Simmons. Vote: 7-0 Motion carried Permit& License Appeal Board: Motion by Council Member Latrelle Joy,seconded by Council Member Floyd Price to appoint Ivey Brenner to replace Brianna Ingram. Vote: 7-0 Motion carried Planning& Zoning Commission: Motion by Council Member Karen Gibson,seconded by Mayor Pro Tem Jim Gerlt to table the appointment for Todd McKee!s position until after the appointments were made for the Electric Utility Board, Vote: 7-0 Motion carried Motion by Council Member Karen Gibson,seconded by Mayor Pro Tern Jim Gerlt to bring off the table the appointment for Todd McKee!s position. Vote: 7-0 Motion carried Nomination for the position was as follows. Steve Massengale Votes were taken as follows: Steve Massengale: Mayor Glen C. Robertson,Mayor Pro Tem Jim Gerlt,and Council Members Karen Gibson,Jeff Griffith,Victor Hernandez,Latrellc Joy,and Floyd Price. Steve Massengale was declared appointed. Motion by Council Member Karen Gibson,seconded by Council Member Floyd Price to appoint James Rogers to replace Kevin Watson. Vote: 6- I Motion carried NAY:Council Member Latrelle Joy Motion by Mayor Pro Tern Jim Gerit,seconded by Council Member Karen Gibson to reappoint Dan Wilson and Michael Wilson. Vote: 7-0 Motion carried Urban Design& Historic Preservation Commission: Motion by Mayor Pro Tem Jim Gerlt, seconded by Council Member Jeff Griffith to appoint David Bloodworth to replace Mattie Been. Vote: 7.0 Motion carried Electric Utility Board: Nominations for an Electric Utility Board position were as follows: Steve Massengale Clayton Isom Votes were taken as follows. Steve Massengale:Council Members Victor Hernandez,Latrelle Joy,and Floyd Price. Clayton Isom:Mayor Glen C.Robertson,Mayor Pro Tem Jim Gerlt,Council Members Karen Gibson and Jeff Griffith. Clayton Isom was declared appointed. Nominations for an Electric Utility Board position were as follows: Drew Tucker Steve Massengale Votes were taken as follows: Drew Tucker:Mayor Glen C.Robertson,Mayor Pro Tem Jim Gerlt,Council Members,Karen Gibson and Jeff Griffith. Steve Massengale:Council Members Victor Hernandez,Latrelle Joy,and Floyd Price. Drew Tucker was declared appointed. Nominations for an Electric Utility Board position were as follows: Emilio Abeyta Todd McKee Votes were taken as follows: Emilio Abeyta:Council Members Victor Hernandez,Latrelle Joy,and Floyd Price. Todd McKee:Mayor Glen C.Robertson,Mayor Pro Tem Jim Gerlt,Council Members Karen Gibson and Jeff Griffith. Todd McKee was declared appointed. Nominations for an Electric Utility Board position were as follows: Stephanie Hill George Carpenter Votes were taken as follows: Stephanie Hill:Mayor Glen C.Robertson, Mayor Pro Tern Jim Gerlt,and Council Members Karen Gibson,Jeff Griffith,Victor Hernandez,and Floyd Price. George Carpenter:Council Member Latrelle Joy. Stephanie Hill was declared appointed. The following members were appointed to the Electric Utility Board: Clayton Isom Drew Tucker Todd McKee Stephanie Hill 9:02 P.M. CITY COUNCIL ADJOURNED There being no further business to came before Council, Mayor Robertson adjourned the meeting. ATTEST: �,C. ROBE.RTSO , MAYOR Rebect'Garza,City Secretary