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HomeMy WebLinkAboutMinutes - City Council - Regular - 04/14/2016 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING April 14, 2016 2:30 P.M. The City Council of the City of Lubbock,Texas met in regular session on the 14th of April,2016, in City Council Chambers,City Hall, 1.625 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 Tern 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.- City Council addressed agenda items in thefiolloii,ing order: •Executive Session; 2.1-23; Citizen Comments 3.1; Citizen Connnents (Sign-ups) 3.2; 4.1; 5.1-5.2; 5.6-5.17; 5.3-5.5; 5.18; 6.12; and 6.1.6.11. •Itein 6.11 was postponed indefinitely. I Executive Session The meeting recessed at 2:31 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 551.087, 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. 1. 1. Report by the Lubbock Economic Development Alliance. 1. 2. 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 of the attorney Linder the Texas Disciplinary Rules of Professional Conduct conflicts with Chapter 551. 1. 2. 1. United States of America v. City ql'Lubbock, Texas filed in the Northern District of Texas, Lubbock Division, Civil Action No: 5:15-cv-234 Regular City Council Meeting April 14,2016 Page 2 of 9 1. 2. 2. Briefing on provisions of Chapter 28 of the City of Lubbock Code of Ordinances. 1. 2. 3. DiSCLISS Chapter 43 and Section 212.172 of the Texas Local Government Code in regard to annexation. Z.� 1. 2. 4. No. 3094-2013-)- In the Municipal Court of the City of Lubbock, Texas - Cily cif' Lubbock v. 1913 Baylor Avenue. 1. 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: 1. 3. 1. City Attorney 1.3. 2. City Manager 1.3. 3. City Secretary 2. Proclamations and Presentations 2. 1. Invocation by Reverend Neil VanderbLISh, Christ Lutheran Church Reverend Neil Vanderbush, Christ Lutheran 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. Board Recol4nitions: Board of Health: Tyler Bradstreet Calvin Clark Keep Lubbock Beautiful Committee: Bretton Villarreal North and East Lubbock Community Development Corporation Board of Directors: Matt Stephens (unable to appear) Urban Design and Historic Preservation Commission: Jim Dulin Virgina Hatfield (unable to appear) Veterans Advisory Committee: Robert Musselrnan Zoning, Board of Adjustment: Regular City Council Meeting April 14,2016 Page 3 of 9 Jordan McKay (unable to appear) 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 Managers 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. 1. Rebecca Teel will appear before the City Council to discuss agenda item 6.12. Rebecca'Feel appeared before the City Council to speak against Corrugated Stainless Steel Tubing (CSST) and how it relates to item 6.12 (Presentation from the Model Codes & Construction Advisory Board). 3. 2. Sign-UPS: • Ysidro Gutierrez appeared before the City Council to speak in favor of item 6.11 (Chapter 18, Taxation). •Terry Holernan and Maurice Stanley appeared before the City Council to speak on itern 6.8 (Annexation Agreements) and in favor of item 6.9 (Annexation). • Mikel Ward appeared before the City Council to speak in favor of item 6.10 (Chapter 18, Taxation). • Marisa Scheef appeared before the City Council to request additional information regarding item 6.5 (Zone Case 3058-A). • Mary McCrurn appeared before the City Council to speak in opposition or item 6.8 (Annexation Agreements) and item 6.9 (Annexation), 4. Minutes 4. 1. February 16, 2016 Special City Council Meeting - Electric Utility Board March 8,2016 Special City Council Meeting March 10, 2016 Regular City Council Meeting March 21, 2016 Special City Council Meeting Motion by Mayor Pro 'Fein Jim Gerlt, seconded by Council Member Latrelle Joy to approve the February 16, 2016 Special City Council Meeting - Electric Utility Board minutes; the ZD March 8, 2016 Special City Council Meeting minutts;the March 10, 2016 Regular City I Council Meeting minutes; and the March 21, 2016 Special 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 Gerit, seconded by Council Member Floyd Price to approve items 5.1-5.2; and 5.6-5.17. Vote: 7-0 Motion carried Regular City Council Meeting tp April 14,2016 Page 4 of 9 5. 1. Ordinance 2nd Reading—Right-of-Way: Ordinance No. 2016-00042 abandoning and closing a two-foot wide underground street light cable easement on Lot 55, The Estates at Vintage, an addition to the City of Lubbock, Lubbock County, Texas located at 4808 120th Street. 5. 2. Ordinance 2nd Reading—Right-of-Way: Ordinance No. 2016-00043 abandoning and closing a five-foot underground utility easement located in Lot 5, Lewis Estates an addition to rD the City of Lubbock, Lubbock County, Texas located at 5227 21 st Street. 5. 3. Ordinance Budget Amendment 1st Reading - Finance: Ordinance No. 2016-00057, Amendment 19, amending the FY 201.5-16 budget for municipal purposes respecting the Lubbock Power and Light (LP&L) capital program to amend Capital Improvement Project (CIP) 92141, Substation Relay Upgrade; CIP 92273, Substation Land Acquisition; CIP 92320, Substation Breaker Replacements; CIP 92330, 69kV Transmission Lille Reconducto ring; CIP 92383, Mobile Substation; CIP 92403, 69kV Lille Rebuild—Thompson to Vicksburg; CIP 92404 115kV Line Construction—Northwest to Mackenzie; CIP 92405, 69kV Line Rebuild—Chalker to Thompson; CIP 92406, 69kV Line Rebuild—Chalker to Oliver; CIP 92407, Southeast Substation Auto tran s rorm er-, CIP 92408, 69kV Capacitor Upgrade—Vicksburg-, CIP 92409 69kV Capacitor Upgrade—Chalker; CIP 92410, 69kV Capacitor Upgrade—Slaton., CIP 92413, Massengale Station—Medium Term; providing for filing; and providing for a savings clause. Andy Burcham, Chief Financial Officer for LP&L, gave comments and answered questions from City Council. Motion by Council Member Floyd Price,seconded by Council Member Jeff Griffith to approve Ordinance No. 2016-00057. Vote: 7 - 0 Motion carried 5. 4. Ordinance Budget Amendment 1st Reading -Finance: Ordinance No. 2016-00058, Amendment 20, amending the FY 2015-16 budget for municipal put-poses respecting the Grant Fund to accept and appropriate additional funding from the Texas Department of Housing and Community Affairs (TDHCA) for the Community Services Block Grant (CSBG); providing for filing; and providing for a savings clause, C) Motion by Council Member Karen Gibson, seconded by Council Member Floyd Price to approve Ordinance No. 2016-00058. Vote: 6 - 0 Motion carried Other: Council Member Victor Hernandez (RECUSE) 5. 5. Resolution -Accounting: Resolution No. 2016-80133 authorizing the Mayor to execute a professional services contract with BKD, LLP.,for the audit of financial statements for the fiscal year ending September 30, 2016. Linda Cuellar, Interim Director of Finance, gave comments and answered questions from City Council. Regular City Council Wetirig April 14,2016 Page 5 of 9 Main Motion by Mayor Pro Tern Jim Gerlt, seconded by Council Member Karen Gibson to approve Resolution No. 2016-RO 133. Amendment Motion by Council Member Latrelle Joy, seconded by Council Member Karen Gibson to amend the Professional Services contract between the City of Lubbock and BKD, LLP. regarding Article 1. TERM on page 1, to read: "The term of this Contract commences on the Effective Date and continues without interruption for fiscal year ending September 30, 2016." Vote: 7 - 0 Motion carried Vote on Main Motion as amended: 7 - 0 Motion carried 5. 6. Ordinance Ist Reading - Right-of-Way: Ordinance No, 2016-00055 abandoning and closing a portion of an underground water line easement located in Section 5, Block E-2, Lubbock county, Texas, 5. 7. Resolution -Right-of-Way: Resolution No. 2016-80123 authorizing the Mayor to execute a parking lot lease renewal with Texas Tech University, for the use of a City parking lot located at 801 Avenue K. 5. 8. Ordinance Ist Reading - Stormwater Engineering: Ordinance No. 2016-00056 amending Chapter 22, Storrnwater Regulations, of the Lubbock Code of Ordinances, providing for the amendment of such code regarding enforcement. 5. 9. Resolution -Information Technology: Resolution No. 2016-80124 authorizing the Mayor to execute Purchase Order Contract 100 15998 with Dell Marketing LP., for rugged tablets and mounting hardware for the Lubbock Police Department Fleet purchase. 5. 10. Resolution - Facilities: Resolution No. 2016-80 125 authorizing the Mayor to execute contract 12742 with Bag Tech for pest control services for various City facilities, ITB 16-12742-KK. 5. 11. Resolution - Health: Resolution No. 2016-80 126 authorizing the Mayor to execute a contract 12796 for a Consulting Laboratory Director and Clinical Consultant, and any associated documents with the Texas Tech University Health Sciences Center(TTUHSC). 5. 12. Resolution -Health: Resolution No. 2016-80127 authorizing the Mayor to execute contract 12825 for a physician to provide early and periodic screening, diagnosis and treatment of sexually transmitted diseases (STD), and any associated documents, with the Texas Tech University Health Sciences Center(TTUHSC). 5. 13. Resolution - Civic Center: Resolution No. 2016-80128 authorizing the Mayor to execute C) Amendment I to the License Agreement between the City of Lubbock and Civic Lubbock, Inc., with regard to the distribution of Hotel Occupancy Tax funds for acquiring and maintaining public art located on public property. Regular City Council Meeting April 14,2016 Page 6 of 9 5. 14. Resolution -Animal Services: Resolution No. 2016-80129 authorizing the Mayor to execute contract 12688 with Kleen-Tech Services Corporation to provide kennel cleaning services at the City of Lubbock Animal Shelter, RFP 16-12688-DGB. 5. 15. Resolution -Citibus: Resolution No. 2016-RO 130 authorizing the Mayor to execute contract 12710 for automotive filters with Texas Enterprises, Inc. dba United Oil & Grease, ITB 16-12710-SS. 5. 16. Resolution - Community Development: Resolution No. 2016-ROI 31 authorizing the Mayor to execute an allocation of additional funds and extend contract 12434 and all related documents with City of Lubbock and Lutheran Social Services (LSSS) of the South for the Comprehensive Energy Assistance Program (LEAP) and Community Services Block Grant (CSBG) to provide utility assistance to low-income families and individuals. 5. 17. Resolution -Police: Resolution No. 2016-RO 132 authorizing the Mayor to execute for and on behalf of the City of Lubbock, a Memorandum of Understanding (MOU) with the Federal Bureau of Investigation Child Exploitation Task Force (CETF), and related documents. 5. 18. Resolution -Councilman Jeff Griffith: Resolution No. 2016-80134 extending the reporting deadline of the Emergency Medical Service Advisory Committee. Lance Phelps, Fire Chief, gave comments and answered questions from City Council. Motion by Council Member Floyd Price,seconded by Council Member Jeff Griffith to approve Resolution No. 2016-RO 134. Vote: 7 - 0 Motion carried 6. Regular Agenda 6. 1. Ordinance 2nd Reading—Planning: Ordinance No. 2016-00045, for Zone Case 3280, a request of Jess Lovi,Jr., for a zoning change frorn R-I to M-1 on Lot 26, James Sub Addition, 1303 East 52nd Street. Motion by Mayor Pro Tern Jim Gerlt, seconded by Council Member Karen Gibson to approve Ordinance No. 2016-00045. Vote: 7 - 0 Motion carried 6. 2. Ordinance 2nd Reading—Planning: Ordinance No. 2016-00046, for Zone Case 2871-D, a request of Stellar Development Company for a zoning change from C-3 to A-2 oil 4.773 acres of unplatted land out of Block AK, Section 28, 5902 98th Street. Motion by Council Member Floyd Price, seconded by Council Member Karen Gibson to approve Ordinance No. 2016-00046. Vote: 7 - 0 Motion carried Regular City Council Meeting April 14,2016 Page 7 of 9 6. 3. Ordinance 2nd Reading—Planning: Ordinance No. 2016-00047, for Zone Case 3281, a request of Alliance Realty Services, for Yates 11 by LC, for a zoning change fi-orn T, C-2A' and C-3 to IHC on Tract I-C,Tract I-D, South 15 feet of"Tract I-B and Tract 1-A, less 4 feet east of 170 feet north, Snow Davis Addition, and 7,0456 acres of unplatted land, Section 44, Block AK, Southeast corner of 19th Street and West Loop 289. Motion by Council Member Floyd Price, seconded by Council Member Karen Gibson to approve Ordinance No. 2016-00047, Vote: 7 - 0 Motion carried 6. 4. Ordinance 2nd Reading —Planning: Ordinance No. 2016-00048, for Zone Case 2543)-F, a request of Linda Wall for a zoning change from R-I Specific Use to AM on Lot 30, Colonial Heights, 2002 98th Street. Z= Motion by Council Member Karen Gibson, seconded by Council Member Jeff Griffith to approve Ordinance No. 2016-00048. Vote: 7 - 0 Motion carried 6. 5. Ordinance 2nd Reading—Planning: Ordinance No. 2016-00049, for Zone Case 3058-A, a request of Hugo Reed and Associates, Inc., for Ford Development, for a zoning change from R-I Specific Use to A-2 and R-1 Specific Use on 92.3 acres of unplatted land out of Block AK, Sections 35 and 38, 6515, 6517, and 6801 50th Street. Andrew Paxton, Director of Planning; and Wood Franklin, Director of Public Works, gave comments and answered questions from City Council, Motion by Council Member Jeff Griffith, seconded by Council Member Karen Gibson to approve Ordinance No. 2016-00049. Vote: 7 - 0 Motion carried 6. 6. Ordinance 2nd Reading—Planning: Ordinance No. 2016-00050, for Zone Case 2995-S, a request of Jake R. Seideman, for C & G Ventures, LP, for a zoning change from T and C-3 to C-3 and M-1 Specific Use on 1.397 acres of unplatted land out of Block AK, Section 30, 7906 Milwaukee Avenue. Motion by Council Member Floyd Price, seconded by Council Member Karen Gibson to approve Ordinance No. 2016-00050. Vote: 7 - 0 Motion carried 6. 7. Ordinance - 1st Reading- Planning: Ordinance No. 2016-00059 annexing 338.349 acres adjacent to the City limits located in Sections 39, Block D, L&SV Railroad Company Survey, Abstract 6, Section 38, Block D, L&SV Railroad Company Survey, Abstract 856, and Section 40 Block D, L&SV Railroad Company Survey,Abstract 717, in Lubbock. County, Texas; generally located south of CR 5800, east of Avenue P, north of CR 5900, and west of the current City limits running along Ash Avenue; adopting a service plan and establishing all effective date. Regidar City Council Meeting April 14,2016 Page 8 of 9 Motion by Council Member Karen Gibson, seconded by Council Member Latrelle Joy to approve Ordinance No. 2016-00059. Vote: 6- 0 Motion carried Other: Mayor Glen C. Robertson (RECUSE) 6. 8. Resolution -Planning: Resolution No. 2016-RO135 authorizing the Mayor to execute agreements in lieu of annexation pursuant to Section 212.127 of the Texas Local Government Code or Section 4').035 of the Texas Local Government Code, as applicable, with each eligible property owner located in the area of a proposed annexation containing approximately 2,393 acres generally located between one-half mile east of CR 2200 (University Avenue) and approximately CR 1700 (Milwaukee Avenue), from the existing Southern City limits to approximately 660 feet south of CR 7500; said authorization to be effective only upon the affirmative vote of the City Council to annex an area that contains the property subject to an agreement in lieu of annexation. This question was divided into two motions. Motion by Council Member Karen Gibson, seconded by Mayor Pro Tern Jim Gerlt to approve Resolution No. 2016-RO 135 in regard to the Development Agreements in Lieu of Annexation under Chapter 212.172 of the Texas Local Government Code. Vote: 5 - 2 Motion carried NAY: Council Member Jeff Griffith Council Member Latrelle Joy Motion by Mayor Pro Tern Jim Gerlt, seconded by Council Member Floyd Price to approve Resolution No. 2016-RO 135 in regard to the Development Agreements in Lieu of Annexation under Chapter 43.035 of the Texas Local Government Code. Vote: 5 -2 Motion carried NAY: Council Member Jeff Griffith Council Member Latrelle Joy 6. 9. Ordinance- 1st Reading- Planning: Ordinance No. 2016-00054 annexing 2,3)93 acres adjacent to the city limits located generally between an area described as one-half mile east of CR 2200 (University Avenue) and approximately CR 1700 (Milwaukee Avenue), from the exiting southern City limits to approximately 660 feet south of CR 7500; adopting a service plan and establishing an effective date. Motion by Mayor Pro Tern Jim Gerlt, seconded by Council Member Jeff Griffith to approve Ordinance No. 2016-00054. Vote: 7 - 0 Motion carried 6. 10. Ordinance Amendment 2nd Reading -Accounting: Ordinance No. 2016-00044 amending Chapter 18, Taxation, of the Lubbock Code of Ordinances, providing for the amendment of such code regarding sales tax. Regular City Council Meeting April 14,2016 Page 9 of 9 Motion by Council Member Karen Gibson, seconded by Council Member Latrelle Joy to approve Ordinance No. 2016-00044. Vote: 7 - 0 Motion carried 6. 11. Ordinance Ist Reading- Mayor Glen Robertson: Consider an ordinance amending Chapter 18, Taxation, of the Lubbock Code of Ordinances, providing for the exemption of residential use of gas and electricity from sales and use tax. This item was postponed. Linda Cuellar, Interim Director of Finance; Cheryl Brock, Budget Director; and James Loomis, City Manager, gave comments and answered questions from City Council. Motion by Council Member Karen Gibson, seconded by Council Member Latrelle Joy to postpone this item indefinitely. Vote: 6- I Motion carried NAY: Mayor Glen C. Robertson 6. 12. Discuss and hear a presentation from the Model Codes& Construction Advisory Board concerning proposed revisions to the Commercial Codes, including the International Building Code,the International Plumbing Code, the Intemational Mechanical Code, the International Fuel Gas Code; and proposed revisions to the International Residential Code. Cyril Reasoner, Chair of the Model Codes & Construction Advisory Board, gave a presentation and answered questions from the City Council. 6:38 P.M. CITY COUNCIL ADJOURNED There being no further business to come before Council, Mayor Robertson adjourned the meeting. The April 14, 2016 Regular City Council Meeting minutes were approved by the City Council on the l2th day of May, 2016. GLEN ffROBERTSON, MAYOR 4 Reb cca Garza, City Secretary L)