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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/17/2015 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING December Y7, 2015 2:30 P. M. The City Council of the City of Lubbock,Texas met in regular session on the 17th of December, 2015, in City Council Chambers, City Hall, 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 Gertt; 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: City Council addressed agenda items in lhefiollolving order: Executive Session; 2.5; 2.1-2.2; 2.4; 2.6; 2.3; Citizen Comments 3.1-3.3; Citizen Comments (Sign-ul)s) 3.4; 6.10-612; 4.1; .5.1; 5.3-54; 5.6-5.12; 5.17-5.20; 5.22; 5.2,- 5.5; 5.13-5.16; 5.21; and 6.1-6.9. eItem 5.5 was postponed to the January 1412016Regular- City Council Meeting. Items 6.10-6.12,failed 1. Executive Session The meeting recessed at 2:30 p.m. and reconvened in Executive Session 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 agreement and on matters in which the duty ofthe attorney under the Texas Disciplinary Rules of Professional Conduct conflicts with Chapter 551. 1. 1. 1. United States ofAmerica v. City qf'Lubbock, Texas, filed in the Northern District of Texas, Lubbock Division, Civil Action No: 5:15-cv-234 1. 1. 2. Discuss Texas Government Code Chapter 411 and the legal authorities related thereto. 1. 1. 3. Discuss the terms and provisions of the Commitment Agreement with the College Baseball Hall of Fame. Regular City Council Meeting December 17,2015 Page 2 of I I 1. 1. 4. Discuss Chapter 1, Article X. of the City of Lubbock Charter. 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. 1502 Mac Davis Lane, 1. 3. Hold an executive session in accordance with Texas Government Code, Section 551.076, to discuss the deployment, or specific occasions for implementation, of security personnel or devices or a security audit, 1. 4. Hold an executive session in accordance with the Texas Government Code, Section 55 1.074,to discuss personnel matters. 1. 4. 1. City Attorney 1. 4. 2. City Manager 1. 4. 3. City Secretary 1. 5. Hold an executive session in accordance with Texas Government Code, Section 551.087, to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; and to deliberate the offer of a financial or other incentive to a business prospect described hereinabove. 1. 5. 1. Report by the Lubbock Economic Development Alliance. 2. Proclamations and Presentations 2. 1. Invocation by Pastor Rich Jones,Hillside Christian Church Pastor Rich Jones, Hillside Christian 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 honoring "The Hub City of the Cross ln+American Z.7 Trail". Mayor Glen C. Robertson presented a special recognition to Rick Vanderpool, photographer, writer, and the creative force behind the CrossIn+America Trail project. Mr. Vanderpool appeared to accept the recognition and thanked the Mayor and the City Council. Regular City Council Meeting December 17,2015 Page 3 of 11 2. 4. Presentation of special recognition to Jane Clausen and Larry Barnhill for 40 years of service at the City of Lubbock. Mayor Glen C. Robertson presented a special recognition to Jane Clausen and Larry Barnhill for 40 years of service at the City of Lubbock. Jane Clausen, Library Director, appeared to accept the special recognition and thanked the Mayor and City Council. 2. 5. Presentation of a holiday music performance by members of the Lubbock High School choir. The Lubbock High School Choir Madrigal Singers, led by Lindsey Spitsberg, appeared before City Council to perform Christmas carols to those in attendance. 2. 6. Board Recognitions: Presented by Mayor Glen C. Robertson Planning and Zoning Commission: Jesus Mendoza (unable to attend) Joe Rose West Texas Municipal Power Board: Don Boatman 3. Citizen Comments -Pursuant to City Council Resolution 2014-80320,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 appeal-; 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. Bill Curnow will appear before the City Council to discuss items 6.11 and 6.12. Bill Curnow appeared before the City Council to speak in opposition of items 6.11 (the prohibition of concealed handguns from open meetings of the City of Lubbock) and item 6.12 (tile prohibition of open carry handguns from open meetings of the City of Lubbock). 3. 2. Ysidro Gutierrez will appear before the City Council to discuss items 6.11 and 6.12. Ysidro Gutierrez appeared before the City Council to speak in opposition of items 6.11 (the prohibition of concealed handguns from open meetings of the City of Lubbock) and item 6.12 (the prohibition of open carry handguns from open meetings of the City of Lubbock). 3. 3. Ryan Lewis will appear before the City Council to discuss preparedness for active assailant event. Ryan Lewis did not appear. Regular City Council Meeting December l7,2.015 Page 4 of I I Page 3. 4. Sign-tips: •David Spears appeared before the City Council to speak in opposition of itern 6.11 (the prohibition of concealed handguns from open meetings of the City of Lubbock). • Robert Palmer, John Pratt, Mike] Ward, Kyle Carruth, Tirn Gafford, Thomas Callahan, and Burley Owen appeared before the City Council to speak in favor of item 6.10 (the rights of certain eligible City of Lubbock employees to carry concealed handguns in the workplace) and in opposition of items 6.11 (the prohibition of concealed handguns from open meetings of the City of Lubbock) and item 6.12 (the prohibition of open carry handguns from open meetings of the City of Lubbock). • Clemmie Payne appeared before the City Council to speak in opposition of item 6.11 (the prohibition of concealed handguns from open meetings of the City of Lubbock) and item 6.12 (the prohibition of open carry handguns from open meetings of the City of Lubbock). •Charlie Dunn appeared before the City Council to speak in opposition of item 6.10 (the rights of certain eligible City of Lubbock employees to carry concealed handguns in the workplace) and in favor of items 6.11 (the prohibition of concealed handguns from open meetings of the City of Lubbock) and item 6.12 (the prohibition of open carry handguns from open meetings of the City of Lubbock). • Vicky Keller appeared before the City Council to speak about her concerns on item 6.6 (Zone Case 3049-C), 4. Minutes 4. 1. October 20, 2015 Special City Council Meeting (Electric Utility Board) November 3, 2015 Special City Council Meeting (Electric Utility Board) November 19, 2015 Regular City Council Meeting Motion by Council Member Karen Gibson, seconded by Mayor Pro Tern Jim Gerlt to approve the October 20, 2015 Special City Council Meeting (Electric Utility Board) minutes, the November 3, 2015 Special City Council Meeting (Electric Utility 0 Board) minutes, and the November 1.9, 2015 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 Jeff Griffith to approve iten-is 5.1; 5.3-5.4; 5.6-5.12; 5.17-5.20; and 5.22. Vote: 7 - 0 Motion carried 5. 1. Budget Amendment Ordinance 2nd Reading - Finance: Ordinance No. 2015-00121, Amendment 7, amending the FY 2015-16 budget for municipal purposes respecting the Cemetery Fund to modify the fee schedules for revenue derived from Lot Sales and Grave Services; providing for filing; and providing for a savings clause. Regular City Council Meeting December 17,20 15 Page 5 of 11 5. 2. Budget Amendment Ordinance 2nd Reading-Finance: Ordinance No. 2015-00122, Amendment 9, amending the FY 2015-16 budget for municipal purposes respecting the Capital Program to amend Capital Improvement Project 92254,North Overton TIF Public ZD Improvements-, providing for filing; and providing for a savings clause. Cheryl Brock, Budget Director, gave comments and answered questions from City Council. Motion by Council Member Victor Hernandez, seconded by Council Member Karen Gibson to approve Ordinance No. 2015-00122. Vote: 7 - 0 Motion carried 5. 3. Budget Amendment Ordinance 2nd Reading -Finance: Ordinance No. 2015-00123), Amendment 10, amending the FY 2015-16 budget for municipal purposes respecting the Electric Utility Capital Program to amend Capital Improvement Project (CIP) 92')73:), Dispatch Control Room Upgrade/Remodel; CIP 92319, Transmission Loop; providing for rD filing; and providing for a savings clause. 5. 4. Ordinance 2nd Reading -Public Works Traffic Engineering: Ordinance No. 2015-00124 amending Section 20.05.103 of the Code of Ordinances of the City of Lubbock, with regard to the establishment of school zones, 5. 5. Ordinance Amendment Ist Reading—Water Utilities: Consider an Ordinance Amendment to Chapter 22.03.091 of the Code of Ordinances related to wholesale water service to specified areas outside of the City boundaries. This item was postponed to the January 14, 2016 Regular City Council Meeting. Motion by Council Member Latrelle Joy, seconded by Mayor Pro Tern Jim Gerit to postpone this item to the January 14, 2016 Regular City Council Meeting, Vote: 7 - 0 Motion carried 5. 6. Resolution—Water Utilities: Resolution No. 2015-80424 authorizing the Mayor to execute Change Order I to contract 12048 with Eagle Contracting, L.P,, for the construction of the Northwest Water Reclamation Plant. 5. 7. Resolution-Water Resources: Resolution No. 2015-80425 authorizing the Mayor to execute Professional Services Agreement 12653 with Agri-Waste Technology (AWT) for modeling and reporting of water and nitrogen balances at the City Land Application sites. 5. 8. Resolution—Public Works Engineering: Resolution No. 2015-80426 authorizing the Mayor to reject all bids on contract 12259 for construction Of Pump Station 16. S. 9. Resolution—Public Works Engineering: Resolution No. 2015-80427 authorizing the Mayor to execute contract 12431 with ACME Electric Company for Construction of Southeast Water Reclamation Plant(SEWRP) Emergency Generator and Switchgear Project. Regular City COUnd Meeting December 17,2015 Page 6 of 11 5. 10. Resolution—Public Works Engineering: Resolution No. 2015-RO428authorizing the Mayor to execute contract 12623 with Freese and Nichols Inc., for providing Construction Phase Services for the Southeast Water Reclamation Plant(SEWRP) Emergency Generator Project. 5. 11. Resolution -Public Works Engineering: Resolution No, 2015-80429 authorizing the Mayor to approve a street design which will include islands in the street in accordance with City of Lubbock Code of Ordinances Chapter 38, Section 38.01.005(17). 5. 12. Ordinance 1st Reading—Riglit-of-Way: Ordinance No. 2015-00133 abandoning and closing;a blanket easement located in Tract K, Elm Park Addition, 32nd and Milwaukee Z: Avenue. 5. 13. Resolution - City Manager: Resolution No. 2015-80435 authorizing the Mayor to execute a deed without warranty transferring 7.86 acres located at 1502 Mac Davis Lane to the College Baseball Foundation for the public purpose of construction and operation of the National College Baseball Hall of Fare. Mike Gustafson and Randy Robbins, with the College Baseball Foundation, gave comments and answered questions fi-orn City Council. Motion by Mayor Pro Tem Jim Gerlt, seconded by Council Member Jeff Griffith to approve Resolution No. 2015-80435 authorizing the Mayor to execute a deed without warranty transferring 7.86 acres located at 1502 Mac Davis Lane to the College Baseball Foundation for the public purpose of construction and operation of the National College Baseball Hall of Fame on the following conditions: 1. That prior to executing the deed, the Mayor shall execute an amendment to the Commitment Agreement that authorizes the transfer of the deed to include the following terms: (a)'That the termination date shall be extended ninety days from December 31, 2015 to April 1, 2016, during which time representatives of the College Baseball Foundation will be granted access to the property under a license agreement with the City negotiated with the City Attorney and approved by the City Manager. (b) That the April 1 deadline may be extended an additional nine months if by March 30, 2016, the College Baseball Foundation has provided the City Manager with the following documentation: (i) the total cost of the completed project including the museum, the event center, and the baseball field; (ii) a projected timeline with fund raising milestones for the total project cost; (iii) copies of architectural and engineering drawings for the completed project; and Regular City Council Meeting December 17,2015 Page 7 of 11 (iv) a projected construction timeline; 2. That upon compliance with the terms of the Commitment Agreement as amended, the Mayor may sign the deed; and 3. That this authorization for execution will only be authorized through December 31, 2016. Vote: 7 - 0 Motion carried 5. 14. Resolution -Aviation: Resolution No. 2015-R0436 authorizing the Mayor to execute service agreement 125')1 for the building automation system and three Trane centrifugal chillers at Lubbock Preston Smith International Airport with Trane U.S., Inc. Z7 dba Trane. Motion by Council Member Floyd Price, seconded by Council Member Karen Gibson to approve Resolution No. 2015-R0436. Vote: 6 - 0 Motion carried Other: Mayor Glen C. Robertson (RECUSE) 5. 15. Resolution -Facilities: Resolution No. 2015-80437 authorizing the Mayor to execute a lease agreement extension for real property located at 1.601 Mac Davis Lane under contract 9596 between the City of Lubbock and HMOT Properties., LLC of Lubbock, James Loomis, City Manager, gave comments and answered questions from City Council. Motion by Council Member Victor Hernandez, seconded by Council Member Jeff Griffith to approve Resolution No. 2015-80437. Vote: 7- 0 Motion carried 5. 16. Resolution -Facilities: Resolution No. 2015-RO438 authorizing the Mayor to execute a job order contract 16-12575-JOC with Collier Construction Company of Lubbock, Texas for the water damage repair at Lubbock Business Center(LBC), 1301 Broadway. Wes Everett, Director of Facilities Management; and James Loomis, City Manager, gave comments and answered questions from City Council, Motion by Mayor Pro Tern Jim Gerlt, seconded by Council Member Jeff Griffith to approve Resolution No. 2015-R0438. Vote: 5 -2 Motion carried NAY: Mayor Glen C. Robertson Council Member Karen Gibson Regular City Council Meeting December 17, 2015 Page 8 of 11 5. 17. Resolution -Facilities: Resolution No. 2015-80430 authorizing the Mayor to execute contract 12555 with Tecta America CS, for the roof replacement at Fire Station 4 located at 2504 Cornell, RFP 16-12555-JM. 5. is. Resolution -Facilities: Resolution No. 2015-80431 authorizing the Mayor to execute Contract 12548 with Tommy Klein Construction, Inc., of Lubbock, Texas for the repairs to various restroorns at the Municipal Square, 916 Texas Avenue, RFP 16-12548-JM. S. 19. Resolution -Facilities: Resolution No. 2015-80432 authorizing the Mayor to execute Amendment I to professional services contract 12496 with Brinkley Sargent Wiginton Architects (BSWA) for the design of the new Lubbock Emergency Operations Center located at 1515 Ursuline, Lubbock, Texas. 5. 20. Resolution - Fire: Resolution No, 2015-80433 authorizing, the Mayor to execute purchase order contract 100 15619 with Daco Fire Safety Equipment for three Rosenbauer custom mount pumpers. 5. 21. Resolution - Fire: Resolution No. 2015-80439 to authorize the City Manager to apply for a State Homeland Security Program Grant. Lance Phelps, Fire Chief, gave comments and answered questions from City Council. Motion by Mayor Pro Tem Jim Gerit, seconded by Council Member Victor Hernandez to approve Resolution No. 2015-80439. Vote: 7 - 0 Motion carried 5. 22, Resolution - Citibus: Resolution No. 2015-80434 authorizing the Mayor to execute purchase order contract 27111214 with National Bus Sales & Leasing, Inc. for the purchase of two Arboc Spit-it Mobility paratransit vans, 6. Regular Agenda 6. 1. Ordinance 2nd Reading—Planning: Ordinance No. 2015-00125, for Zone Case 2821-A, a request of Ralph Carlisle, for Carlisle Motors, for a zoning change from R-I to C-4 on Lot 3, Block 9, Southport Addition, 1706 4')rd Street. Motion by Council Member Karen Gibson, seconded by Council Member Jeff Griffith to approve Ordinance No. 2015-00125. Vote: 7 - 0 Motion carried 6. 2. Ordinance 2nd Reading—Planning: Ordinance No. 2015-00126, for Zone Case 3266, a request of Day & Company, Inc. for a zoning change from T to C-3 on 9.16 acres of unplatted land out of Block E2, Section 21, 3101 114th Street. Motion by Council Member Floyd Price, seconded by Council Member Karen Gibson to approve Ordinance No. 2015-00126, Vote: 7 - 0 Motion carried Regular City Council Meeting Decenn ber 17,2015 Page 9 of H 6. 3. Ordinance 2nd Reading—Planning: Ordinance No. 2015-00127, for Zone Case 3267, a request of Day & Company, Inc. for a zoning change from T to C-2 on 5 acres of unplatted land out of Block E2, Section 21, 3 101 1 14th Street. Motion by Council Member Floyd Price, seconded by Council Member Karen Gibson to approve Ordinance No. 2015-00127. Vote: 7 - 0 Motion carried 6. 4. Ordinance 2nd Reading—Planning: Ordinance No. 2015-00128, for Zone Case 3268, a request of Day & Company, Inc. for a zoning change from T to C-3 on 6.41 acres of unplatted land out of Block E2, Section 21, 3 101 114th Street. Motion by Council Member Floyd Price, seconded by Council Member Karen Gibson to approve Ordinance No. 2015-00128. Vote: 7 - 0 Motion carried 6. 5. Ordinance 2nd Reading—Planning: Ordinance No. 2015-00129, for Zone Case 3269, a request of AMD Engineering, LLC., for MRXNO, for a zoning change from R-I to C-3 on 7.27 acres of unplatted land out of Block AK, Section 44, 3206 West Loop 289, Motion by Council Member Floyd Price, seconded by Council Member Jeff Griffith to approve Ordinance No. 2015-00129, Vote: 7 - 0 Motion carried 6. 6. Ordinance 2nd Reading—Planning: Ordinance No. 2015-001'K for Zone Case 3049-C, a request of AMD Engineering, LLC., for Wooded Forest, for a zoning change from R-1 Specific Use and R-2 Specific Use to R-2 Specific Use an 2.045 acres of unplatted land out of Block E, Section 10, 9802 Avenue U. Dennis Carrizales, Senior Planner, gave comments and answered questions from City Council. Motion by Council Member Floyd Price, seconded by Mayor Pro Tem Jim Gerlt to approve Ordinance No. 2015-00130. Vote: 6 - I Motion carried NAY: Council Member Victor Hernandez 6. 7. Ordinance 2nd Reading—Planning: Ordinance No. 2015-00131, for Zone Case 3126-B, a request ofTommy J. Swarm, for South Frankford Commercial Park, LLC., for a zoning change to amend conditions of Ordinance 2012-0012') on Tracts A, B, and C, Mel Abbe Addition, 5910, 5914 and 6010 1 30th Street. Motion by Council Member Floyd Price, seconded by Council Member Jeff Griffith to approve Ordinance No. 2015-00131. Vote: 6 - 0 Motion carried Regular City Council Meeting December 17,2015 Page 10 of I I Other: Council Member Victor Hernandez (RECUSE) 6. 8. Ordinance 2nd Reading—Planning: Ordinance No. 2015-00132, for Zone Case 3089-E, a request of CLCL Development for a zoning change from Apartment-Medical District (AM) to Garden Office District (GO) on 1.19 acres of unplatted land out of Block AK, Section 21, 10208 Frankford Avenue. Motion by Mayor Pro Tern Jim Gerlt, seconded by Council Member Floyd Price to approve Ordinance No, 2015-00132. Vote: 7 -0 Motion carried 6. 9. Resolution - Planning: Resolution No. 2015-R0440 approving and granting a variance From the applicable 300-feet minimum distance provisions of City of Lubbock Ordinance 2009-00060, at the request of applicant RR Grill Concepts, LLC located at 1625 University Avenue, for an alcoholic beverage permit. Zn Motion by Council Member Jeff Griffith, seconded by Council Member Karen Gibson to approve Resolution No. 2015-R4440 Vote: 6 - I Motion carried NAY: Mayor Pro Tem Jim Gerlt 6. 10. Resolution -Mayor Robertson: Consider a resolution concerning the right's of certain eligible City of Lubbock employees to carry concealed handguns in the workplace. This item failed. Motion by Mayor Pro Tern Jim Gerlt, seconded by Council Member Jeff Griffith to approve this item. Vote: 2 - 5 Failed NAY: Council Member Karen Gibson Council Member Jeff Griffith Council Member Victor Hernandez Council Member Latrelle Joy Council Member Floyd Price 6. 11. Resolution - Councilwoman Latrelle Joy: Consider a resolution authorizing the posting of the appropriate and required signage and notice to prohibit concealed handguns from the open meetings of the City of Lubbock as provided by state law and establishing an effective date. This item failed. Motion by Council Member Floyd Price, seconded by Council Member Latrelle Joy to approve this item. Regular City Council Meeting December 17,2015 Page I I of I I Vote: 2 -5 Failed NAY: Mayor Glen C. Robertson Mayor Pro Tem Jim Gerlt Council Member Karen Gibson Council Member Jeff Griffith Council Member Victor Hernandez 6. 12. Resolution - Councilwoman Latrelle Joy: Consider a resolution authorizing the posting of the appropriate and required signage and notice to prohibit open carry handguns from the open meetings of the City of Lubbock as provided by state law and establishing an effective date. This item failed. Motion by Council Member Latrelle Joy, seconded by Council Member Jeff Griffith to approve this item. Vote: 2 - 5 Failed NAY: Mayor Glen C. Robertson Mayor Pro Tern Jim Gerlt Council Member Karen Gibson Council Member Jeff Griffith Council Member Victor Flernandez 8:35 P.M. CITY COUNCIL ADJOURNED There being no further business to come before Council, Mayor Robertson adjourned the meeting. The December 17, 2015 Regular City Council Meeting minutes were approved by the City Council on the I I th day of February, 2016. GLEN C/AbBEkTSON, MAYOR ATTEST: Rebeca Garza, City Secr�t-TLY)