Loading...
HomeMy WebLinkAboutMinutes - City Council - Regular - 12/15/2016 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING December 15, 2016 3:00 P.M. The City Council of the City of Lubbock,Texas met in regular session on the 15th of December, 2016, in City Council Committee Room 103,City Hall, 1+625 13th Street,Lubbock,Texas at 3:00 p.m. 3:02 P.M. CITY COUNCIL CONVENED City Council Committee Room 103, 1625 13th Street,Lubbock,Texas Present: Mayor Daniel M. Pope; Mayor Pro Tem Latrelle Joy; Council Member Juan A. Chadis; Council Member Karen Gibson; Council Member Jeff Griffith; Council Member Steve Massengale; Council Member Shelia Patterson Harris; City Manager W. Jarrett Atkinson; City Secretary Rebecca Garza; City Attorney Chad Weaver Note: City Council addressed agenda items in the following order: ` 1.1;Executive Session; 3.1-3.2; 3.4; 3.3; Citizen Comments 4.1; Citizen Comments (Sign-ups) 4.2; 5.1; 6.1-6.15; 6,17-6.21; 7.1-7.3; 7.5-7.6, 7.4;and 7.7-7.10. Item 6.16 was deleted. 1. Work Session- Items for presentation and discussion on such issues that may require more in-depth consideration by the City Council,than Regular Agenda items. Action may be taken on a Work Session item if the item indicates to the public the action to be taken. 1. 1. Hear and discuss a presentation from representatives of the College Baseball Foundation on the status of the National College Baseball Hall of Fame Museum proposed to be located at Avenue O and Mac Davis Lane and discuss the projects, finances, programs, and goals of the College Baseball Foundation, Mike Gustafson, President and CEO of the College Baseball Foundation; and Randy Robbins, Chairman of the College Baseball Foundation Board of Directors, gave a presentation and answered questions from City Council. Chad Weaver, City Attorney; Jarrett Atkinson, City Manager; and Scott Snider, Assistant City Manager, gave comments and answered questions from City Council, 2. Executive Session The meeting recessed at 3:47 p.m. and reconvened in Executive Session under the provisions of Section 551,Texas Government Code.The regular meeting was called back into a public session at 5:19 p.m. Regular City Council Meeting December I5,2016 Page 2 of 10 2. 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 of the attorney under the Texas Disciplinary Rules of Professional Conduct conflicts with Chapter 551. 2. 1. 1. Purchase Power Agreement 2. 1. 2. Discuss the City of Lubbock's Commitment Agreement with the College Baseball Foundation concerning the National College Baseball Hall of Fame, and any Amendments thereto. 2.2. 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. 2.2. 1. Approximately 3 acres of land, constituting the northwest corner of MEMORIAL CENTER BLK l W/PT OF L1, Lubbock, Lubbock County,Texas,generally bounded by Marsha Sharp Freeway on the north, Avenue O on the west,and Mac Davis Lane on the south. 2.2. 2. Potential Substation Site 2.2. 3. City Bank 2.3. Hold an executive session in accordance with the Texas Government Code, Section 551074, to discuss personnel matters,the appointment, employment,evaluation or reassignment of the following: 2.3. 1. City Attorney 2.3. 2. City Manager 2.3. 3. City Secretary 2.4. Hold an executive session in accordance with Texas Government Code 551.074, to discuss personnel matters, regarding the duties, responsibilities, and/or appointments to the North Overton TIF Board of Directors, Urban Design and Historic Preservation Commission, Urban Renewal Board and Neighborhood Redevelopment Commission, and Zoning Board of Adjustment. 3. Proclamations and Presentations 3. 1. Invocation by Father Raymundo Manriquez, St.Joseph Catholic Church Father Raymundo Manriquez, St.Joseph Catholic Church, led the invocation. 3.2. Pledges of Allegiance Pledges of Allegiance were given by those in Council Chambers to the United States and Texas flags. Regular City Council Meeting December IS,2016 Page 3 of 10 3. 3. Board Recognition: Presented by Council Member Karen Gibson Electric Utility Board: Dan Odom 3. 4. Holiday Performance by Lubbock Independent School District. Lubbock High School Mariachi de Oro appeared before City Council to perform Christmas carols to those in attendance. 4. 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 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. 4. 1. Gordon Harris will appear before the City Council to speak regarding the 2004 Master Development Plan. Gordon Harris and Phyllis Gant, appeared before the City Council to speak about the 2004 Master Development Plan. Chad Weaver, City Attorney, gave comments and answered questions from City Council, 4. 2. Sign-ups: Jim Gilbreath appeared before the City Council to speak in opposition of item 7.8 (Zone Case 1893-AA). 5. Minutes 5. 1. November 3, 2016 Regular City Council Meeting November 9, 2016 Special City Council Meeting November 10, 2016 Special City Council Meeting November 15, 2016 Special City Council Meeting- Economic Forecast Luncheon Motion by Mayor Pro Tern Latrelle Joy, seconded by Council Member Jeff Griffith to approve the November 3, 2016 Regular City Council Meeting minutes, the November 9, 2016 Special City Council Meeting Minutes,the November 10, 2016 Special City Council Meeting minutes, and the November 15, 2016 Special City Council Meeting(Economic Forecast Luncheon) minutes. Vote: 7 - 0 Motion carried 6. Consent Agenda - Items considered to be routine and enacted by one motion without separate discussion. If the City Council desires to discuss an item, the item is removed from the Consent Agenda and considered separately. Regular City Council Meeting December 15,2016 Page 4 of 10 Motion by Mayor Pro Tem Latrelle Joy, seconded by Council Member Karen Gibson to approve items 6.1-6.15; and 6.17-6.21. Vote: 7 -0 Motion carried 6. 1. Ordinance 2nd Reading-Councilwoman Karen Gibson: Ordinance No.2016-00174 amending Chapter 24, "Vehicles for Hire",of the Code of Ordinances of the City of Lubbock,Texas, by revising Section 24.02.111 and Section 24.03.111 regarding the minimum insurance requirements for transportation-for-hire service companies and transportation network companies; providing a penalty;providing a savings clause;and providing for publication. 6.2. Budget Amendment Ordinance 2nd Reading-Finance: Ordinance No. 2016-00170, Amendment 6, amending the FY 2016-17 Adopted Budget for municipal purposes respecting the General Fund to increase expenditures in the Parks Department operating budget; providing for filing;and providing for a savings clause. 6.3. Budget Amendment Ordinance 2nd Reading-Finance: Ordinance No. 2016-00171, Amendment 7, amending the FY 2016-17 Adopted Budget for municipal purposes respecting the Grant Fund to accept and appropriate funding from the Lubbock Chamber of Commerce for the City Pride Sign Program; providing for filing;and providing for a savings clause. 6.4. Resolution -Finance: Resolution No. 2016-110438 amending the Bylaws for the City of Lubbock North Point Public Improvement District Advisory Board to expand the North Point Public Improvement District Advisory Board membership from five (5)members to seven (7) members. 6.5. Ordinance 2nd Reading—Right-of-Way: Ordinance No.2016-00172 abandoning and closing a 10-foot wide water line easement located in Lot 2A, Holiday Park Addition, located at 4702 4th Street. 6.6. Ordinance 2nd Reading—Right-of-Way: Ordinance No. 2016-00173 abandoning and closing a Lubbock Power and Light(LP&L)aerial easement and a portion of a drainage and storm water easement located in Lot 306E Midway Park, 5110 29th Drive. 6.7. Resolution -Right-of-Way: Resolution No.2016-RO439 authorizing the Mayor to execute Contract 13167 for a Cash Farm Lease Agreement with Travis Lancaster to farm approximately 4.82 acres out of Section 1259,J.H. Gibson Survey, Garza County,Texas. 6.8. Resolution-Right-of-Way: Resolution No. 2016-80440 authorizing the Mayor to execute on behalf of the City of Lubbock,a Pipeline Easement Agreement from the State of Texas, regarding the acquisition of a Pipeline Easement for the Northwest Water Reclamation Project, easement being out of Block 1, Lubbock State School Addition,to the City of Lubbock, Lubbock County,Texas,3401 N. University Avenue. 6.9. Resolution -Right-of-Way: Resolution No.2016-80441 authorizing the Mayor to execute on behalf of the City of Lubbock a Temporary Access and Construction Easement from the State of Texas, regarding the acquisition of an easement for the Northwest Water Reclamation Project,temporary access and construction easement being out of Block 1, Lubbock State School Addition,to the City of Lubbock,Lubbock County, Texas, 3401 N. University Avenue. Regular City Council Meeting December 15,2016 Page 5 of 10 6. 10. Ordinance 2nd Reading—Water Resources: Ordinance No. 2016-00181 amending Section 22.04.04 1(b)of the Code of Ordinances related to provision of wastewater collection and treatment services to entities outside the City boundaries. 6. 11. Resolution-Public Works Engineering: Resolution No. 2016-80442 authorizing the Mayor to execute an Agreement for Professional Engineering Services with Kimley-Horn and Associates, Inc. for the design of 98th Street from Upland Avenue to Milwaukee Avenue, RFQ 17-13098-SS. 6. 12. Resolution—Public Works Engineering: Resolution No.2016-80443 authorizing the Mayor to execute Contract 13037 with Ace Pipe Cleaning, Inc., for the rehabilitation of Canyon Lakes Sanitary Sewer Interceptor Rehabilitation- Phase IA, RFP 17-13037-TF. 6. 13. Resolution-Public Works Wastewater Utility: Resolution No.2016-80444 authorizing the Mayor to execute Professional Services Agreement 13187 with Agri-Waste Technology (AWT)for modeling and reporting water and nitrogen balances at the City's two land application sites. 6. 14. Resolution -Public Works Wastewater Utilities: Resolution No. 2016-80445 authorizing the Mayor to execute Purchase Order Contract 23104062 with Polydyne, Inc. for wastewater treatment chemicals. 6. 15. Resolution -Parks and Recreation: Resolution No. 2016-80446 authorizing the Mayor to execute an Interlocal Agreement by and between the City of Lubbock and Texas Tech University that allows an academic study to be performed by the Texas Tech Kinesiology and Sports Management Department at several City of Lubbock Adult Activity Centers. 6. 16. Resolution-Civic Facilities: Consider a resolution authorizing the Mayor to execute an agreement for the naming rights of the Lubbock Municipal Auditorium and Coliseum, by and between the City of Lubbock and City Bank, for one 5-year period beginning January 1, 2017,and ending December 31,2021. This item was deleted. 6. 17. Resolution-Aviation: Resolution No.2016-80447 authorizing the Mayor to execute contract 13116 with West Texas Paving, Inc. for the ground transportation improvements at Lubbock Preston Smith International Airport, ITB 17-13116-SS. 6. 18. Resolution-Police Department: Resolution No. 2016-80448 authorizing the Mayor to execute Purchase Order Contract 100 17327 with Galls, LLC, for Police,Field Services Bureau, Riot Gear. 6. 19. Resolutions-City Manager: Resolution No.'s 2016-80449 and 2016-RO450 authorizing the Mayor to execute a service agreement with High Plains Research and with Hance Scarborough, LLP., for legislative consulting services for a I-year period, RFP 17-13074-MA. Regular City Council Meeting December 15,2016 Page 6 of 10 6.20. Resolution -kP&L: Resolution No. 2016-RO451 authorizing the Mayor to execute that certain Amendment of Lease Agreement, by and between South Plains Regional Workforce Development Board dba Workforce Solutions South Plains,and the City of Lubbock,for office space located at the Lubbock Business Center. 6.21. Resolution -LP&L: Resolution No. 2016-80452 authorizing the Mayor to execute that certain Right of Entry, by and between the City of Lubbock,and Texas Tech University, related to a potential substation site located generally at 4th Street and Quaker Avenue. 7. Regular Agenda 7. 1. Ordinance list Reading-Water Utilities: Ordinance No. 2016-00182 amending Section 22.08 of the Code of Ordinances related to the City's Water Conservation Plan and Drought and Emergency Contingency Plan(Water Use Management Plan). Aubrey Spear, Director of Water Utilities,gave a presentation and answered questions from City Council. Jarrett Atkinson,City Manager, gave comments and answered questions from City Council. Motion by Council Member Jeff Griffith,seconded by Council Member Karen Gibson to approve Ordinance No. 2016-00182. Vote: 7- 0 Motion carried 7.2. Ordinance 2nd Reading—Planning: Ordinance No.2016-00178,for Zone Case 3297, a request of AMD Engineering, LLC, for Lubbock Land Company, for a zoning change from T to C-3 on 10.385 acres of unplatted land out of Block E-2, Section 22, south of 122nd Street and west of Indiana Avenue. Motion by Council Member Shelia Patterson Harris,seconded by Council Member Jeff Griffith to approve Ordinance No. 2016-00178. Vote: 7- 0 Motion carried 7.3. Ordinance 2nd Reading—Planning: Ordinance No. 2016-00179, for Zone Case 2985-B,a request of AMD Engineering, LLC, for Lubbock Land Company, for a zoning change from C-3,A-2, and R-I to C-3,A-2, and GO, on 17.299 acres of unplatted land out of Block E-2, Section 25, 5720 114th Street. Motion by Council Member Shelia Patterson Harris,seconded by Council Member Jeff Griffith to approve Ordinance No.2016-00179. Vote: 7-0 Motion carried 7.4. Ordinance 2nd Reading—Planning: Ordinance No.2016-00175, for Zone Case 2995-U,a request of Lacee Romero,for Hunter Sky Capital, LLC,for a zoning change from C-3 to C-3 Specific Use for outdoor display on Tract C, Primrose Pointe,6616 and 6620 Milwaukee Avenue. Andrew Paxton, Director of Planning, gave comments and answered questions from City Regular C4 Council Meeting December 15,2016 Page 7 of 10 Council. Motion by Council Member Karen Gibson, seconded by Council Member Steve Massengale that Ordinance No.2016-00175, for Zone Case No.2995-U,that is included in the backup for this Agenda Item, be substituted with the version at the dais. This substituted version modifies the language of the condition to the Zone Case to read as follows: 1.not the outdoor display shall: be limited to the area designated on the proposed site plan; be located under the building canopy;be limited to business hours only; not impede with any pedestrian access; and,not hang from the structure or windows. Vote: 7- 0 Motion carried 7.5. Ordinance 2nd Reading—Planning: Ordinance No. 2016-00176, for Zone Case 3095-D,a request of Hugo Reed and Associates, Inc., for Burkett Investments, for a zoning change from A-2 to C4 Specific Use for mini-warehouses on 8.2 acres of unplatted land out of Block A, Section 22, southeast comer of North Loop 289 and North Utica Avenue. Motion by Council Member Shelia Patterson Harris,seconded by Council Member Jeff Griffith to approve Ordinance No.2016-00176. Vote: 7- 0 Motion carried 7.6. Ordinance 2nd Reading—Planning: Ordinance No. 2016-00177, for Zone Case 3299,a request of Betenbough Homes Inc. for a zoning change from T to R-1 Specific Use for reduced setbacks on 123.943 acres of unplatted land out of Block E, Section 16,north of 146th Street and east of University Avenue. Motion by Council Member Shelia Patterson Harris,seconded by Council Member Jeff Griffith to approve Ordinance No. 2016-00177. Vote: 7- 0 Motion carried 7.7. Ordinance 2nd Reading—Planning: Ordinance No.2016-00180, for Zone Case 3298,a request of Hugo Reed and Associates, Inc.,for Ford Development, for a zoning change from T and R-1 Specific Use to R-I Specific Use for reduced setbacks,AM,IDP,C-3, and C-4 Specific Use for mini warehouses,and R-2 Specific Use for reduced setbacks on 140.3 acres of unplatted land out of Block AK, Section 4,north of 146th Street and west of Indiana Avenue. Andrew Paxton, Director of Planning,gave comments and answered questions from City Council. Motion by Council Member Steve Massengale,seconded by Council Member Jeff Griffith that Ordinance No. 2016-00180, for Zone Case No. 3298,that is included in the backup for this Agenda Item, be substituted with the version at the dais. This substituted version modifies the language of the conditions to the Zone Case by adding a condition to read as follows: 5.THAT as residential lots are developed along 146th Street,there shall be an eight foot (8') high fence adjacent to the 146th Street right of way to be constructed of brick columns,wood slats,and optional wrought iron openings at cul-de-sacs. The openings Regular City Council Meeting December 15,2016 Page 8 of 10 in the fence shall be allowed to accommodate street and alley access as determined during development. Vote: 7- 0 Motion carried 7.8. Ordinance 1st Reading—Planning: Ordinance No. 2016-00183, for Zone Case 1893-AA, a request of Verizon Wireless, for Sorrele Partners IV LLC, for a zoning change from C-3 to C-3 Specific Use, for a 120 feet telecommunications tower on 0.0574 acres, Block JS, Section 2,6424 4th Street. Andrew Paxton, Director of Planning;Jim Gilbreath,opponent; Frank Sorrele,proponent with Sorrele Partners IV, LLC.; Vince Huebinger,proponent with Verizon Wireless;Chad Weaver,City Attorney;and Jarrett Atkinson, City Manager, gave comments and answered questions from City Council. Main Motion by Mayor Pro Tem Latrelle Joy, seconded.by Council Member Jeff Griffith to approve Ordinance No.2016-00183. Amendment Motion by Mayor Pro Tern Latrelle Joy,seconded by Council Member Jeff Griffith to amend the original location of the cell tower to comport with sheet SD-i (which is consistent with the drawing on page 2 of of the Professional Survey by Solis-Kanak& Associates, Inc.Job Number: 16-0141 and Exhibit A in the backup),which was presented by the proponent. Vote on Amendment Motion: 6- i Motion carried NAY: Council Member Karen Gibson Vote on Main Motion with Amendment: 6- I Motion carried NAY: Council Member Karen Gibson 7.9. Resolution- Civic Facilities: Resolution No. 2016-80453 authorizing the Mayor to execute a Commitment Agreement by and between the City of Lubbock and the College Baseball Foundation for real property to be dedicated for future use. Motion by Council Member Juan A. Chadis, seconded by Council Member Shelia Patterson Harris that Resolution No. 2016-80453, Commitment Agreement,that is included in the backup for this Agenda Item,be substituted with the version at the dais. This substituted version now includes additional provisions for the College Baseball Foundation that sets the terms of the agreement to expire May 1,2017. Among the additional provisions included in this substituted version are requirements that the College Baseball Foundation: •provide evidence that it can fully fund the construction of the museum before the City transfers property; •pay for a new survey of the museum site; •submit final plans for permitting that do not include the baseball field as a part of the museum project; •and enter into a parking agreement with the City before it begins construction of the museum, Vote: 7-0 Motion carried Regular City Council Meeting December 15,2016 Page 9 of 10 7. 10. Board Appointments-City Secretary: Consider one appointment to Appointments Advisory Board,one appointment to National Windmill Project Board of Directors,two appointments to North Overton TIF Board of Directors,three appointments to Urban Design and Historic Preservation Commission,four appointments to Urban Renewal Board/ L Neighborhood Redevelopment Commission,and four appointments to Zoning Board of Adjustment. Appointments Advisory Board: Motion by Council Member Karen Gibson, seconded by Council Member Jeff Griffith to nominate and appoint Mitzi Ziegner to replace Jacob Seideman. Vote: 7 - 0 Motion carried North Overton TIF Board of Directors: Motion by Council Member Jeff Griffith, seconded by Council Member Juan A. Chadis to reappoint Kurt Metcalf and Howard Thrash. Vote: 7- 0 Motion carried Urban Design and Historic Preservation Commission: Motion by Mayor Pro Tem Latrelle Joy, seconded by Council Member Karen Gibson to reappoint Abel Hernandez, Gretchen Scott, and Dallas Ward. Vote: 7- 0 Motion carried Urban Renewal Board/Neighborhood Redevelopment Commission: Motion by Council Member Karen Gibson, seconded by Council Member Steve Massengale to reappoint Amanda Luna and Steven Warren,appoint Nathan Wright to replace Juanita Kiesling, and appoint Stewart Townsen to replace Jeffrey Vitale. Vote: 7- 0 Motion carried Zoning Board of Adjustment: Motion by Council Member Jeff Griffith, seconded by Mayor Pro Tem Latrelle Joy to reappoint David Cummins, Stace Jones,James White, and Ruben Young. Vote: 7- 0 Motion carried National Windmill Project Board of Directors: Motion by Council Member Karen Gibson, seconded by Council Member Jeff Griffith to reappoint Victor Bobo. Vote: 7- 0 Motion carried 7:15 P.M. CITY COUNCIL ADJOURNED There being no further business to come before Council, Mayor Pope adjourned the meeting. Regular City Council Meeting December 15,2016 Page 10 of 10 The December 15, 2016 Regular City Council Meeting rninUteS were approved by the City CouDcil oil the 9th day of February, 20 17. DANIEL M. POPE, MAYOR ATTEST: Reb cca Garza, City Secretary