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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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.
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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