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City of Lubbock, Texas
Regular City Council Meeting
Thursday, September 27, 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.

2:00 p.m. - City Council convenes in Work Session, in Committee Room 103 in City Hall to consider Items 1.-1.2.  At the completion of the Work Session, City Council recesses into Executive Session to consider Items 2.-2.5.

5:15 p.m. - City Council reconvenes in open session in City Hall Council Chambers to consider items 3.-7.13.
 
             
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 regarding the Lubbock Memorial Civic Center, including future convention opportunities and potential facilities improvements, and give guidance to staff as appropriate.
 
1. 2.   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
 
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.  
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. 1. 2.  
Chapter 40 of the Lubbock City Code
 
2. 1. 3.  
Texas Attorney General Opinion No. OR2018-22191
 
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.  
City Hall Building and Parking
 
2. 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:
 
2. 3. 1.  
City Attorney
 
2. 3. 2.  
City Manager
 
2. 3. 3.  
City Secretary
 
2. 4. 7712   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 Planning and Zoning Commission.
 
2. 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 herein above.
 
3.   Proclamations and Presentations
 
3. 1.   Presentation of a Special Recognition in appreciation of the 2018 Junior Ambassador Delegates
 
3. 2. 7704   Board Recognitions:

Airport Board
Howard Thrash
David Zwiacher
 
3. 3.   Invocation by Pastor Wesley Bygel, Lubbock Baptist Temple
 
3. 4.   Pledges of Allegiance
 
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
 
5. 1. 7687   August 17, 2018 Special City Council Meeting - 98th Street Ribbon Cutting
August 23, 2018 Regular City Council Meeting
August 30, 2018 Special 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.
 
6. 1. 7634   Budget Amendment Ordinance 2nd Reading - Finance: Consider Budget Ordinance No. 2018-O0111, 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.
 
6. 2. 7644   Budget Amendment Ordinance 2nd Reading - Finance: Consider Budget Ordinance No. 2018-O0112, 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.
 
6. 3. 7654   Budget Amendment Ordinance 2nd Reading - Finance: Consider Budget Ordinance No. 2018-O0113, 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.
 
6. 4. 7652   Ordinance 2nd Reading - Finance: Consider Ordinance No. 2018-O0114, the eleventh Supplemental Ordinance updating the Vintage Township Public Improvement District (PID) Service and Assessment Plan and Assessment Roll.
 
6. 5. 7648   Ordinance 2nd Reading - Planning: Consider Ordinance No. 2018-O0115, 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.
 
6. 6. 7689   Ordinance 1st Reading - Right-of-Way: Consider an ordinance abandoning and closing a portion of the 47th Street right-of-way, located at the northwest corner of Lot 2, Caraway Addition, Lubbock County, Texas.
 
6. 7. 7673   Resolution - Right-of-Way: Consider a resolution authorizing the Mayor to execute an Easement Agreement between the City of Lubbock and the Texas A&M University System, in connection with certain real property located in Section 36, Block A, Lubbock County, Texas, owned by the State of Texas.
 
6. 8. 7692   Resolution - Engineering: Consider a resolution authorizing the Mayor to execute Contract 14118 with M.H. Civil Constructors, Inc., for the construction of new piezometers on the John T. Montford Dam at Lake Alan Henry. (RFP 18-14118-TF).
 
6. 9. 7662   Resolution - Water Utilities: Consider a resolution authorizing the Mayor to execute Contract 13863 with Garver, LLC, to perform an updated Water System Vulnerability Assessment and Emergency Response Plan.
 
6. 10. 7669   Resolution - Water Utilities: Consider a resolution authorizing the Mayor to execute Purchase Order 22104324, with Texas Electric Cooperative, for the purchase of power pole distribution hardware to be used in the Bailey County Well Field to maintain the electrical distribution infrastructure.
 
6. 11. 7670   Resolution - Water Utilities: Consider a resolution authorizing the Mayor to execute a contract with Complete Power Pole Inspections, Inc., for remediation, rehabilitation, and repair services associated with City-owned electrical power distribution infrastructure in the Bailey County Well Field.
 
6. 12. 7688   Resolutions - Utility and Street Maintenance: Consider two resolutions authorizing the Mayor to execute Contract 14267 with Green Dream International LLC, and Contract 14315 with MUDco Trucking LLC, for the Annual Pricing of Raw Materials for Public Works Operations.
 
6. 13. 7646   Resolution - Traffic Engineering: Consider a resolution authorizing the Mayor to execute Contract 14228 with SouthWest Contracting and Construction, for steel reinforcement cages used to construct concrete drilled pier foundations for traffic signals.
 
6. 14. 7690   Resolution - Solid Waste Disposal: Consider a resolution authorizing the Mayor to execute Contract 18-14222 with Xenco Laboratories for the analysis of groundwater samples.
 
6. 15. 7658   Resolution - Aviation: Consider a resolution authorizing the Mayor to execute a lease agreement between the City of Lubbock and General Services Administration (GSA), on behalf of the United States Customs and Border Protection, at Lubbock Preston Smith International Airport.
 
6. 16. 7657   Resolution - Municipal Court: Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Lubbock County, to provide the services of a Juvenile Case Manager.
 
6. 17. 7684   Resolution - Transit Services: Consider a resolution authorizing the Mayor to execute an agreement with USI Insurance Services, for auto and general liability insurance for Citibus.
 
6. 18. 7645   Resolution - Information Technology: Consider a resolution authorizing the Mayor to execute Purchase Order Contract 33001062 with Microsoft Corporation, for the Premier Support Services Agreement.
 
6. 19. 7691   Resolution - Information Technology: Consider a resolution authorizing the Mayor to execute Purchase Order Contract 33001077 with SHI Government Solutions for the RETAIN Annual License Maintenance and Support Renewal for the upcoming year.
 
6. 20. 7671   Resolution - Parks and Recreation: Consider a resolution authorizing the Mayor to execute a contract and all related documents with the South Plains Association of Governments (SPAG), related to funds passed through the U.S. Department of Health and Human Services for an Area Agency on Aging (AAA) Direct Purchase of Services Program to provide meals and transportation services for the City of Lubbock’s Senior Citizens Program.
 
6. 21. 7672   Resolution - Parks and Recreation: Consider a resolution authorizing the Mayor to execute a Grant Agreement with the Texas Department of Transportation (TxDOT), for the Texas Traffic Safety Program, “Providing Education Today for a Safer Tomorrow", for bicycle, car, pedestrian, and other safety related programs at Safety City.
 
6. 22. 7675   Resolution - Fleet Services: Consider a resolution authorizing the Mayor to execute Purchase Order 31040962 with Lubbock Truck Sales, Inc., for the purchase of a Belly Dump Trailer and a Truck Tractor for the Water Reclamation Department.
 
6. 23. 7668   Resolutions - Fleet Services: Consider ten (10) resolutions authorizing the Mayor to execute Contract 14233 with Williams Brake, Tune & Tire, LLC, Contract 14288 with Monkey Mike's Auto Repair, Contract 14289 with McWhorters, LTD., Contract 14286 with Master Car Care Center, INC. DBA Hud's Auto Service, Contract 14290 with Gene Messer Ford, Contract 14291 with Pinkerton's Garage and Body, Contract 14294 with Greater Automotive Services, Inc. DBA Scott's Complete Car Care, Contract 14292 with Shepherd's Auto Care, Contract 14293 with Big Rakk Industries, LLC., and Contract 14287 with Christian Brothers Automotive, for Maintenance and Repairs on all light duty vehicles in the City of Lubbock fleet.
 
6. 24. 7665   Resolution - Health Benefits: Consider a resolution authorizing the Mayor to execute an Amendment to that certain Agreement for Employee Medical Clinic Services, by and between the City of Lubbock and University Medical Center Physicians, to allow for data sharing.
 
6. 25. 7693   Resolution - Risk Management: Consider a resolution authorizing and directing the City Manager to purchase for and on behalf of the City of Lubbock, property insurance coverage with the insurers listed below and pursuant to the terms and conditions stated in the attached proposal, for a premium amount not to exceed a rate of $0.1206 per $100, and said attachment is incorporated hereto as if fully set forth herein: Liberty Surplus Insurance, SwissRe, Lloyds of London, Hallmark Specialty, Zurich, Arch Specialty Insurance, Markel, Scottsdale Insurance Co., Mitsui, RSUI, and Travelers.
 
6. 26. 7694   Resolution - Risk Management: Consider a resolution authorizing and directing the City Manager to purchase for and on behalf of the City of Lubbock, property terrorism insurance coverage from Underwriters at Lloyd’s for which the premium amount shall not exceed a rate of $0.0019 per $100.
 
6. 27. 7695   Resolution - Risk Management: Consider a resolution authorizing and directing the City Manager to purchase for and on behalf of the City of Lubbock, boiler and machinery insurance coverage from Continental Casualty Company for which the premium amount shall not exceed $20,000.
 
6. 28. 7696   Resolution - Risk Management: Consider a resolution authorizing and directing the City Manager to purchase for and on behalf of the City of Lubbock, property insurance by and between the City of Lubbock and Zurich American Insurance Company in the amount of $50,000,000 coverage limit for John T. Montford Dam, for a total premium in an amount not to exceed $164,485.
 
6. 29. 7697   Resolution - Risk Management: Consider a resolution authorizing and directing the City Manager to purchase for and on behalf of Lubbock Power and Light, the City’s municipal electric utility, property insurance coverage to include boiler and machinery with the insurers as stated below and pursuant to the terms and conditions stated in the attached proposal, for which the premium shall not exceed a rate of $0.1096 per $100, said attachment is incorporated hereto as if fully set forth herein: AEGIS, Axis Surplus Insurance Company, RenaissanceRe Syndicate 1458, SCOR UK Company Limited, Syndicate 1221 – Navigators, Inter Hannover, Syndicate 2001- MS Amlin, Syndicate 1200 – Argo, Syndicate 1301 – StarStone, Arch Ins Co (Europe) Ltd., Syndicate 1686 – Axis, Ironshore Bermuda, and Helvetia.
 
6. 30. 7698   Resolution - Risk Management: Consider a resolution authorizing and directing the City Manager to purchase for and on behalf of the City of Lubbock, excess liability insurance coverage from Atlantic Specialty Insurance Company, for which the premium amount shall not exceed $404,338.
 
6. 31. 7699   Resolution - Risk Management: Consider a resolution authorizing and directing the City Manager to purchase for and on behalf of the City of Lubbock, airport and non-owned aircraft liability insurance coverage from Ace Property and Casualty Insurance Company, for which the premium amount shall not exceed $25,594.
 
6. 32. 7700   Resolution - Risk Management: Consider a resolution authorizing and directing the City Manager to purchase for and on behalf of the City of Lubbock, workers’ compensation coverage from Texas Mutual Insurance Company, for which the premium amount shall not exceed $1,123,904.
 
6. 33. 7701   Resolution - Risk Management: Consider a resolution authorizing and directing the City Manager to purchase for and on behalf of the City of Lubbock, Network Security Privacy Insurance coverage from Lloyd’s of London, for which the premium amount shall not exceed $35,721.
 
6. 34. 7702   Resolution - Risk Management: Consider a resolution authorizing and directing the City Manager to purchase for and on behalf of the City of Lubbock, drone – hull and liability insurance coverage from Westchester Fire Insurance Company, for which the premium amount shall not exceed $1,331.
 
6. 35. 7703   Resolutions - Risk Management: Consider three resolutions authorizing and directing the City Manager to purchase for and on behalf of the City of Lubbock, inland marine insurance coverage from Travelers Lloyds Insurance Company, for which the premium amount shall not exceed $8,313; crime insurance coverage from Travelers Casualty & Surety Company of America, for which the premium amount shall not exceed $6,921; and pipeline liability insurance coverage from Federal Insurance Company, a member of the Chubb Group, for which the premium amount shall not exceed $5,150.
 
6. 36. 7666   Resolution - Business Development: Consider a resolution to approve a program or expenditure of the Lubbock Economic Development Alliance to be provided to Superior Pipe Products, LLC (formerly Sterling Hose), pursuant to Section 501.073 of the Texas Local Government Code.
 
6. 37. 7667   Resolution - Business Development: Consider a resolution to approve a program or expenditure of the Lubbock Economic Development Alliance to be provided to Pioneer Hi-Bred International, Inc., pursuant to Section 501.073 of the Texas Local Government Code.
 
6. 38. 7710   Resolution - City Manager: Consider a resolution authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock, an Agreement of Abandonment by and between the City of Lubbock and Texas Tech University, concerning the formal abandonment of the Lubbock Municipal Auditorium and Coliseum facilities and related documents.
 
7.   Regular Agenda
 
7. 1. 7569   Public Hearing 5:15 p.m. - Planning: Consider a request for Zone Case 1594-B, a request of Wes Dingler, for GWB Real Estate, LLC, for a zoning change from Interstate Highway Commercial (IHC) to Interstate Highway Commercial (IHC) Specific Use, for a customs enforcement center on part of Lot 5, Lots 6 through 18, and part of Lots 19 and 20, Block 3, Country Club Addition and the closed alley, 1202 Jarvis Street and 1202 Jarvis Street 2, and consider an ordinance.
 
7. 2. 7680   Public Hearing 5:15 p.m. - Planning: Consider a request for Zone Case 2995-Z, a request of Sara Bradshaw, for JM Milwaukee, LLC, for a zoning change from Transition (T), Single-Family Residential (R-1), Local Retail (C-2), and General Retail (C-3), to Restricted Local Retail District (C-2A) on Tract H, Primrose Pointe Addition, 7710 Milwaukee Avenue, and consider an ordinance.
 
7. 3. 7681   Public Hearing 5:15 p.m. - Planning: Consider a request for Zone Case 3257-F, a request of Randy Allen, for David Messick, for a zoning change from Garden Office (GO) to Apartment-Medical District (AM), on 2.118 acres of unplatted land out of Block AK, Section 1, 13502 University Avenue, and consider an ordinance.
 
7. 4. 7682   Public Hearing 5:15 p.m. - Planning: Consider a request for Zone Case 3354, a request of AMD Engineering, LLC, for Sunwest Construction, for a zoning change from Transitional District (T) to Single Family Residential District (R-1) Specific Use for a manufactured home and recreational vehicle park on 51.01 acres of land out of Block A, Section 13, including Lot 1, Westfork Addition, 2802 North Quaker Avenue, and consider an ordinance.
 
7. 5. 7683   Public Hearing 5:15 p.m. - Planning: Consider a request for Zone Case 3355, a request of Burl Masters, for 130th & Upland, Inc., for a zoning change from Transition District (T) to Interstate Highway Commercial District (IHC) on 30.0825 acres of unplatted land, out of Block AK, Section 12, 7222 130th Street, and consider an ordinance.
 
7. 6. 7685   Public Hearing 5:15 p.m. - Planning: Consider a request for Zone Case 3356, a request of Betenbough Homes, for Betenbough and Braselton, for a zoning change from Transition District (T) to General Retail District (C-3) on 7.7968 acres of unplatted land, out of Block E-2, Section 21, 3136 and 3104 130th Street, and consider an ordinance.
 
7. 7. 7676   Public Hearing 5:15 p.m. - Planning: Consider a request for Zone Case 2627-I, a request of Choice Dynamic Media, LP, for Marvin Grimes, for a zoning change from Commercial District (C-4) with limited uses to Commercial District (C-4) on Lot 1, Block 1, West End Place Annex Addition, 6219 19th Street, and consider an ordinance.
 
7. 8. 7677   Public Hearing 5:15 p.m. - Planning: Consider a request for Zone Case 2803-A, a request of Choice Dynamic Media, LP, for SPSM, Ltd., for a zoning change from Commercial District (C-4) with limited uses to Commercial District (C-4) on Lot 6A, Marshall Cora B Addition 1901 34th Street, and consider an ordinance.
 
7. 9. 7678   Public Hearing 5:15 p.m. - Planning: Consider a request for Zone Case 2255-S, a request of Choice Dynamic Media, LP, for SPSM, Ltd., for a zoning change from Commercial District (C-4) Specific Use for a drive-in restaurant to Commercial District (C-4) on Lot 4, Spur 327 Business Park Addition, 5802 64th Street, and consider an ordinance.
 
7. 10. 7679   Public Hearing 5:15 p.m. - Planning: Consider a request for Zone Case 2807-D, a request of Choice Dynamic Media, LP, for Dalton’s Automotive, for a zoning change from Commercial District (C-4) with limited uses to Commercial District (C-4) on Tract A, less the west 5 feet, Dalton Addition, 9811 Slide Road, and consider an ordinance.
 
7. 11. 7650   Ordinance 2nd Reading - Environmental Health: Consider Ordinance No. 2018-O0116, amending Article 8.16 of the Code of Ordinances with regard to permitting variances to allow dogs in outdoor dining areas.
 
7. 12. 7661   Ordinance 2nd Reading - City Manager: Consider Ordinance No. 2018-O0117, 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.
 
7. 13. 7711   Board Appointments - City Secretary: Consider appointments to the Lubbock Economic Development Alliance Board and Market Lubbock Economic Development Corporation Board.
 

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