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City of Lubbock, Texas
Regular City Council Meeting
Thursday, September 13, 2018
Daniel M. Pope, Mayor
Jeff Griffith, Mayor Pro Tem, District 3
Juan A. Chadis, Councilman, District 1
Shelia Patterson Harris, Councilwoman, District 2
Steve Massengale, Councilman, District 4
Randy Christian, Councilman, District 5
Latrelle Joy, Councilwoman, District 6
     W. Jarrett Atkinson, City Manager
Chad Weaver, City Attorney
Rebecca Garza, City Secretary
http://www.mylubbock.us

City Council Chambers, 1625 13th Street, Lubbock, Texas

City of Lubbock City Council Meetings are available to all persons regardless of disability. If you require special assistance, please contact the City Secretary's Office at 775-2061 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting.

 
Note: On occasion the City Council may consider agenda items out of order.

2:30 p.m. - City Council convenes in Work Session, in Committee Room 103 in City Hall to consider Items 1.-1.3.  At the completion of the Work Session, City Council recesses into Executive Session to consider Items 2.-2.5.3.

5:15 p.m. - City Council reconvenes in open session in City Hall Council Chambers to consider Items 3.-7.20.
 
             
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.   Presentation and discussion of the Proposed FY 2018-19 Operating Budget and Capital Program; and discuss all funds of the city, including but not limited to General Fund, Debt Service Fund, Internal Services, Enterprise Funds, Special Revenue Funds, Component Units, Related Entities, debt and debt obligations, Capital Improvement Program, and related/associated items; and take action to direct the City Manager to make changes to said Budget
 
2.   Hear and discuss a presentation regarding the current status and future plans for the City of Lubbock Libraries, and provide guidance to staff as appropriate.
 
3.   The City Council may discuss:
1) one or more Consent Agenda items that have been pulled from the Consent Agenda, pursuant to Lubbock City Council Rules; or
2) any item from the Regular Agenda, except an item that requires a public hearing. All public hearings will be held during consideration of the Regular Agenda. No action will be taken by the City Council during the Work Session.
 
2.   Executive Session
 
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.
 
1.  
Discuss Ordinance 2018-O0048
 
2.  
Choice Dynamic Media, L.P. v. City of Lubbock, et. al., Cause No. 2018530988, pending in the 99th Judicial District Court, Lubbock County, Texas
 
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.  
1 acre out of Block A, Section 73 AB 340, Lubbock County, Texas
 
2.  
15 acres out of Block B, Section 11 AB 60, Lubbock County, Texas
 
3.  
Ochiltree CSL League 207, Abstract No. 367, Bailey County, Texas
 
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.  
City Attorney
 
2.  
City Manager
 
3.  
City Secretary
 
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 Permit and License Appeal Board.
 
5.   Hold an executive session in accordance with Government Code 551.086 on the following competitive matters of Lubbock Power & Light
 
1.  
Discuss and deliberate proposals and strategies related to plans, studies, and analyses for system improvements, generation additions, or sales (other than transmission and distribution system improvements inside the service area for which LP&L is the sole certificated retail provider).
 
2.  
Discuss and deliberate bidding and pricing information for purchased power, generation and fuel, purchased power agreements, and related services and strategies.
 
3.  
Discuss and deliberate customer billing, contract, and usage information, electric power pricing information, system load characteristics, and electric power marketing analyses and strategies.
 
3.   Proclamations and Presentations
 
1.   Invocation by Pastor Bill Stubblefield, The Difference Maker's Fellowship
 
2.   Pledges of Allegiance
 
3.   Presentation of a Special Recognition in honor of First Responders Day and the American Tribute Flag Field located at Kastman Park, Lynnhaven Drive and South Loop 289.
 
4.   Board Recognitions:

Animal Services Advisory Board
Bill Howerton

Appointments Advisory Board
Kristi Laverty
Tanner Thetford

Health/Educational Facilities Development Corporation
Roxana Lopez

Model Codes & Construction Advisory Board
Natalie Harvill
Terry Drum
Alanna Watts
 
4.   Citizen Comments - According to Lubbock City Council Rules, any citizen wishing to appear before a regular meeting of the City Council, regarding any item posted on the City Council Agenda, shall complete the sign-up form provided at the meeting, no later than 5:15 p.m.
 
5.   Minutes
 
1.   July 17, 2018 Special City Council Meeting - Electric Utility Board
July 30, 2018 Special City Council Meeting - Budget Work Session
July 31, 2018 Special City Council Meeting - Budget Work Session
August 1, 2018 Special City Council Meeting - Budget Work Session
August 9, 2018 Regular City Council Meeting
 
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.
 
1.   Budget Amendment Ordinance 2nd Reading - Finance: Consider Budget Ordinance No. 2018-O0101, Amendment 24, amending the FY 2017-18 Budget for municipal purposes respecting the Capital Program to amend Capital Improvement Project 92435, Street Maintenance Program; providing for filing; and providing for a savings clause.
 
2.   Budget Amendment Ordinance 1st Reading - Finance: Consider Budget Ordinance Amendment 25 amending the FY 2017-18 Budget for municipal purposes respecting the Grant Fund to accept and appropriate funding from the Kresge Foundation for the Emergency Leaders in Public Health Grant; providing for filing; and providing for a savings clause.
 
3.   Budget Amendment Ordinance 1st Reading - Finance: Consider Budget Ordinance Amendment 26, amending the FY 2017-18 Budget for municipal purposes respecting the Capital Program to establish Capital Improvement Project (CIP) 92564 Cooke Station Gas Turbine #3 (GT-3) Repairs; Amend the Electric Operating Fund by increasing rentals and recoveries revenue and increasing the appropriation for transfer to CIP; Amend LP&L Cooke Station and decrease appropriation; Amend LP&L Massengale Station and decrease appropriation; providing for filing; and providing for a savings clause.
 
4.   Budget Amendment Ordinance 1st Reading - Finance: Consider Budget Ordinance Amendment 27, an ordinance amending the FY 2017-18 Budget for municipal purposes respecting the Grant Fund to accept and appropriate additional funding from the Federal Transit Administration (FTA) for the section 5307 Grant; providing for filing; and providing for a savings clause.
 
1.   Resolution - Transit Services: Consider a resolution authorizing the Mayor or his designee, to execute a FY 2018 Federal Transit Administration Section 5307 Grant, to provide operating assistance, preventative maintenance, ADA paratransit, capital and planning assistance. (Citibus)
 
5.   Ordinance 1st Reading - Finance: Consider the eleventh Supplemental Ordinance updating the Vintage Township Public Improvement District Service and Assessment Plan and Assessment Roll.
 
6.   Resolution - Finance: Consider a resolution authorizing the Mayor to execute Contract 14070 with Henthorn Commercial Construction for construction and installation of two neighborhood entry signs in the North Slide Road median on behalf of the North Point Public Improvement District.
 
7.   Resolution - Finance: Consider a resolution requesting financial assistance from the Texas Water Development Board; authorizing the filing of an application for assistance; and making certain findings in connection therewith.
 
8.   Resolution - Right-Of-Way: Consider a resolution authorizing the City Council to accept, on behalf of the City of Lubbock, a Street Dedication Deed from Stace Williams, regarding the acquisition of additional right-of-way for traffic signals at the intersection of 98th Street and Milwaukee Avenue, Dedication Deed being out of Block AK, Section 21.
 
9.   Resolution - Water Utilities: Consider a resolution authorizing the Mayor to execute Contract 14200, with Chemtrade Chemicals US LLC, for the purchase of aluminum chlorohydrate for the City of Lubbock South Water Treatment Plant.
 
10.   Resolution - Water Utilities: Consider a resolution authorizing the Mayor to execute an Interlocal Water Sales Contract with the Lubbock Reese Redevelopment Authority for the continued purchase of potable water from the City of Lubbock.
 
11.   Resolution - Water Utilities: Consider a resolution authorizing the Mayor to execute Contract 14111 with H20 Solutions, LLC, for the inspection and cleaning of 21 ground and elevated water storage tanks.
 
12.   Resolution - Water Utilities: Consider a resolution authorizing the Mayor to execute a Letter Agreement between the City of Lubbock and Palisade Pipeline, LLC, regarding the potential purchase of treated effluent water and providing a twelve month period between the parties for negotiations and due diligence, including the payment of a fee by Palisade.
 
13.   Resolution - Public Works: Consider a resolution rejecting all bids received for Sand, Rock, and Gravel Materials, pursuant to ITB 18-14176-JM.
 
14.   Resolution - Aviation: Consider a resolution authorizing the Mayor to execute a ground lease agreement between the City of Lubbock and Abilene Aero, Inc. d/b/a Lubbock Aero, at Lubbock Preston Smith International Airport, for the construction of a hangar.
 
15.   Resolution - Aviation: Consider a resolution authorizing the Mayor to execute Amendment No. 1 to the lease agreement between the City of Lubbock and Abilene Aero, Inc. d/b/a Lubbock Aero, at Lubbock Preston Smith International Airport, for the west side T-hangars.
 
16.   Resolution - Aviation: Consider a resolution authorizing the Mayor to execute Amendment No. 2 to the lease agreement between the City of Lubbock and Abilene Aero, Inc. d/b/a Lubbock Aero, at Lubbock Preston Smith International Airport, for Hangar 20.
 
17.   Resolution - Aviation: Consider a resolution authorizing the Mayor to execute Amendment No. 3 to the lease agreement between the City of Lubbock and Abilene Aero, Inc. d/b/a Lubbock Aero, at Lubbock Preston Smith International Airport, for the fixed base operator agreement.
 
18.   Resolutions - Fleet Services: Consider eleven (11) resolutions authorizing the Mayor to execute Contract 14198 with Sawco Truck Equipment, Contract 14249 with Waste Systems, Contract 14250 with Hurst Farm Supply, Contract 14251 with McWhorters, Contract 14252 with Roberts Truck Center, Contract 14253 with Cisco Equipment, Contract 14254 with ASCO, Contract 14255 with Longley Diesel, Contract 14256 with Lubbock Truck Sales, Contract 14257 with Western Implement, and Contract 14258 with Warren Cat, for Heavy Duty Repairs & Maintenance Services for heavy duty vehicles, equipment and trailers in the City of Lubbock fleet.
 
19.   Resolution - Civic Centers: Consider a resolution authorizing the Mayor to execute a License Agreement between the City of Lubbock and Civic Lubbock, Inc., with regard to concession sales, ticketing services, salary reimbursements, collection of catering and merchandise fees at the Lubbock Memorial Civic Center and other named City facilities, as well as the continuation of two standing sub-committees.
 
20.   Resolution - Police: Consider a resolution authorizing the Mayor to execute a Memorandum of Agreement (MOA) between the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Lubbock, as it relates to the reimbursement of overtime salary costs and other costs associated with assisting the ATF.
 
21.   Resolution - Police: Consider a resolution authorizing the Mayor to execute a Task Force and Asset Forfeiture Sharing Agreement with the United States Department of Justice Drug Enforcement Administration (DEA), for participation in the Lubbock High Intensity Drug Trafficking Area (HIDTA) Task Force.
 
22.   Resolution - Police: Consider a resolution authorizing the Mayor to execute, on behalf of the City of Lubbock, a Task Force and Asset Forfeiture Sharing Agreement with the United States Department of Justice Drug Enforcement Administration.
 
23.   Resolution - Police: Consider a resolution authorizing the Mayor to execute an agreement between the Drug Enforcement Agency (DEA) and the City of Lubbock concerning a Lubbock Police Department officer's participation in the DEA SURGE program and the fiscal year 2019 Asset Forfeiture Sharing Agreement.
 
24.   Resolution – Police: Consider a resolution authorizing the Mayor to execute a Short Term Joint Operation Memorandum of Understanding between the United States Marshall Service (USMS) and the Lubbock Police Department, as it relates to reimbursement to the City of Lubbock for certain overtime expenses incurred during the investigation and/or arrest of persons with active arrest warrants.
 
25.   Resolution – Police: Consider a resolution authorizing the Mayor to execute an agreement with the United States Department of Justice to accept the Edward Byrne Memorial Justice Assistance Grant (JAG) for 2018, to fund the Lubbock County Joint Enforcement Initiative Program.
 
26.   Resolution - Business Development: Consider a resolution to approve a Downtown Permittable Grant program or expenditure of Market Lubbock, Inc., to be provided to 2 Docs Brewing Company, pursuant to Article IV, Section 5 of the Amended and Restated Bylaws of Market Lubbock Economic Development Corporation.
 
27.   Resolution - Business Development: Consider a resolution to approve a Downtown Permittable Grant program or expenditure of Market Lubbock, Inc., to be provided to Concord Medical Group, Inc., pursuant to Article IV, Section 5 of the Amended and Restated Bylaws of Market Lubbock Economic Development Corporation.
 
28.   Resolution - Business Development: Consider a resolution to approve a Downtown Facade Grant program or expenditure of Market Lubbock, Inc., to be provided to Concord Medical Group, Inc., pursuant to Article IV, Section 5 of the Amended and Restated Bylaws of Market Lubbock Economic Development Corporation.
 
29.   Resolution - Business Development: Consider a resolution to approve a Downtown Permittable Grant program or expenditure of Market Lubbock, Inc., to be provided to LBK Property Group, LLC, pursuant to Article IV, Section 5 of the Amended and Restated Bylaws of Market Lubbock Economic Development Corporation.
 
30.   Resolution - Business Development: Consider a resolution to approve a Downtown Facade Grant program or expenditure of Market Lubbock, Inc., to be provided to LBK Property Group, LLC, pursuant to Article IV, Section 5 of the Amended and Restated Bylaws of Market Lubbock Economic Development Corporation.
 
31.   Resolution - City Secretary: Consider a resolution confirming the City Manager's appointment of Vickie Bennett to the Civil Service Commission.
 
7.   Regular Agenda
 
1.   Ordinance 2nd Reading - Finance: Consider Ordinance No. 2018-O0109, approving and adopting a budget for Fiscal Year 2018-19; approving summary of estimated and forecasted revenues, appropriations, and utilization of net assets for all funds of the city; providing for necessary transfers of funds between accounts and departments, if required; authorizing reduction of spending by City Manager if necessary; re-appropriation of balances which support authorized obligations or encumbrances; providing for filing of adopted budget; establishing civil service classifications and positions; appropriating funds for the Fiscal Year 2018-19 Operating Budget and Capital Program of the City of Lubbock; approving all permits, licenses, fees, and charges for service recommended to be adjusted; approving the pay plan and positions; approving personnel; amending section 22.06.051(b) of the Code of Ordinances of the City of Lubbock by revising the dumping rates as contained therein; amending section 22.06.185(a) of the Code of Ordinances of the City of Lubbock by revising the solid waste removal rates as contained therein; amending subsections 22.04.041(a) of the Code of Ordinances of the City of Lubbock by revising wastewater base rates as contained therein and setting an effective date for such; accepting the budgets for Lubbock Economic Development Alliance, Market Lubbock, Inc., Civic Lubbock, Inc., and Vintage Township Public Facilities Corporation; finding that proper notice of meeting provided by law and ratifying such; providing for publication; and providing for a savings clause.
 
2.   Resolution - Finance: Consider a resolution ratifying the adoption of the FY 2018-19 Budget that raises more tax revenue than was generated in the previous year.
 
3.   Ordinance 2nd Reading – Finance: Consider Ordinance No. 2018-O0110, setting the tax rate and levying a tax upon all property subject to taxation within the City of Lubbock for 2018; apportioning said levy among the various funds and items for which revenue must be raised; fixing the times in which said taxes shall be paid and assessing penalty and interest for nonpayment of such taxes within the time provided.
 
4.   Resolution - Finance: Consider a resolution amending the allocation of the Hotel Occupancy Tax Revenues for FY 2018-19 and distributing receipts, net of collection expenses, as authorized in Subsection 18.03.001(b)(2) of the Code of Ordinances of the City of Lubbock.
 
5.   Resolution - Finance: Consider a resolution repealing all the previous resolutions related to the allocation of the oil and gas royalties and approving the establishment of a multi-year plan for the North and East Lubbock Neighborhood and Infrastructure Program which shall be used exclusively for North and East Lubbock redevelopment by the Community Development Department of the City of Lubbock for rehabilitation of owner-occupied homes and other such uses in the defined area as may be approved by the City Council.
 
6.   Resolution - Lubbock Power and Light: Consider a resolution adopting the Electric Rate/Tariff Schedule (“Tariff”) of Lubbock Power & Light (LP&L), the City of Lubbock's municipally owned electric utility, applicable to all rate classes, effective October 1, 2018.
 
7.   Ordinance 2nd Reading – Planning: Consider Ordinance No. 2018-O0105, for Zone Case 2269-Q, a request of Kamal Zeitouni, for Ramsey Tarek, LLC, for a zoning change from Two Family District (R-2) to Garden Office (GO) on 0.137 acres of unplatted land out of Block E-2, Section 14, 9715 Orlando Avenue.
 
8.   Ordinance 2nd Reading – Planning: Consider Ordinance No. 2018-O0104, Zone Case 2562-A, a request of Gary Andrews, for 56th & Slide, LLC, for a zoning change from Restricted Local Retail District (C-2A) to General Retail (C-3) on Lot 55-A and Tract E-1, Western Meadows Addition, 5112 56th Street.
 
9.   Ordinance 2nd Reading – Planning: Consider Ordinance No. 2018-O0105, for Zone Case 3050-F, a request of Abacus Engineering, for Cooper Brooke Heights, for a zoning change from Garden Office District (GO) and Single-Family District (R-1) Specific Use, to Garden Office District (GO) and Restricted Local Retail District (C-2A), on Tracts D and K-1, Solaris Estates Addition, 12701 Quaker Avenue.
 
10.   Ordinance 2nd Reading – Planning: Consider Ordinance No. 2018-O0106, for Zone Case 3175-C, a request of Joey Nelson, for 806 Land Group- Jordan Wheatley, for a zoning change from Single Family District (R-1) to High Density Apartment District (A-2) on 10.63 acres of unplatted land out of Block JS, Section 7, north of Erskine Street and west of Frankford Avenue, 5828 Erskine Street.
 
11.   Ordinance 2nd Reading – Planning: Consider Ordinance No. 2018-O0107, for Zone Case 3308-A, a request of Joey Nelson, for Paul Stell- Stellar Development, for a zoning change from General Retail (C-3) and Single Family (R-1) Specific Use to High Density Apartment District (A-2) on 12 acres of unplatted land out of Block AK, Section 43, 7011 19th Street.
 
12.   Ordinance 2nd Reading - Planning: Consider Ordinance No. 2018-O0102, annexing approximately 100 acres of vacant land, in Block AK, Section 3, south of 146th Street and east of Quaker Avenue, for Andra Jean Sanders.
 
13.   Ordinance 2nd Reading – Planning: Consider Ordinance No. 2018-O0108, for Zone Case 3324-B, a request of Joey Nelson, for Adooring Designs, for a zoning change from High-Density Apartment District (A-2) to Local Retail District (C-2) as amended by the Planning and Zoning Commission, on 3.9 acres of unplatted land out of Block AK, Section 43, 6907 and 7011 19th Street.
 
14.   Ordinance 1st Reading - Planning: Consider an ordinance extending, for one hundred eighty days, the moratorium established by Ordinance No. 2018-O0048 on accepting, processing, or acting upon certain applications for any permits for the construction or modification of any "Billboard" as defined by Section 40.01.003(23) of the City of Lubbock Code of Ordinances.
 
15.   Ordinance 1st Reading - Planning: Consider an ordinance amending Articles 40.03.2233, 40.03.2243, 40.03.2483, 40.03.2493(a), and 40.03.3103 of Chapter 40 (Zoning Code) of the Lubbock Code of Ordinances, by re-allocating certain land uses among the various existing zoning districts according to intensity of uses, including amendments to C-4, M-1, and specific use Zoning Districts
 
16.   Ordinance 1st Reading - Environmental Health: Consider an ordinance amending Article 8.16 of the Code of Ordinances with regard to permitting variances to allow dogs in outdoor dining areas.
 
17.   Ordinance 1st Reading - City Manager: Consider an ordinance amending Chapter 8, "Businesses and Amusements" by adding Article 8.21 "Bicycle and Scooter Sharing"; amending Chapter 20 "Traffic", by amending the definition of "Bicycle" to include those operating with Electric Power, to define "Scooter", and including Electric Bicycles and Scooters within the exception to the definition of "Vehicles"; amending Chapter 20 section 20.09 to include Scooters throughout; amending Chapter 24 "Vehicles for Hire" Section 24.01.002 to exclude Bicycle and Tricycle from the definition of "Nonmotorized Passenger Transport Vehicles"; and amending Chapter 36 “Streets, Sidewalks and Other Public Ways”, Article 36.01 by adding Section 36.01.009.
 
18.   Board Appointments - City Secretary: Consider five appointments to the Valencia Public Improvement District Advisory Board (PID).
 
19.   Board Appointments - City Secretary: Consider two appointments to the Quincy Park Public Improvement District (PID) Advisory Board.
 
20.   Board Appointments - City Secretary: Consider appointments to the Board of Health and the Permit and License Appeal Board.
 

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