Return
CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
December 3, 2019
2:00 P. M.


 
The City Council of the City of Lubbock, Texas met in regular session on the 3rd of December, 2019, in City Council Chambers, City Hall, 1625 13th Street, Lubbock, Texas at 2:00 p.m.

 
2:02   P.M. CITY COUNCIL CONVENED
City Council Chambers, City Hall, 1625 13th Street, Lubbock, Texas
Present: Mayor Daniel M. Pope; Mayor Pro Tem Jeff Griffith; Council Member Juan A. Chadis; Council Member Randy Christian; Council Member Latrelle Joy; 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:
  • Citizen Comments; 2-2.2; Executive Session; 4.1-4.4; 5.-6.1; 7.1-7.1.1; 7.3-7.7; 7.9-7.21; 7.2; 7.8; 8.1-8.11.
             
1. Citizen Comments - According to City Council Rules, any citizen wishing to appear before a regular meeting of the City Council, regarding any matter posted on the Work Session Agenda, shall complete the sign-up form provided at the meeting, no later than 2:00 p.m.

No one appeared to speak.
             
2. Hear and discuss presentations regarding the following and provide guidance to staff as appropriate.
             
1. Presentation of the Comprehensive Plan Oversight Committee's Annual Report

Jesica McEachern, assistant city manager, introduced John Zwiacher, chair of the Comprehensive Plan Oversight Committee. Mr. Zwiacher presented the committee's annual report. In the annual report, he spoke about the purpose of the committee; comprehensive plan priorities; impact fee program and roadmap; Unified Development Code roadmap, site visits, and core ideas; Citibus operational analysis and roadmap; and listed the comprehensive plan priorities for City Council as follows:
  • Development of a well thought out Impact Fee Program.
  • Revise Zoning, Subdivision, and other land development ordinances into a Unified Development Code (UDC).
  • Begin a formalized Neighborhood Planning Program.
  • Formally adopt the Cultural Arts District Corridor concept and extend it to the Canyon Lakes area.
  • Link the Playa Lake recreational opportunities with new stormwater drainage criteria and consider a Park Land Dedication Ordinance.
Jarrett Atkinson, city manager, gave comments and answered questions from City Council.
             
2. Discussion regarding the make-up and role of the Community Development Services Board (CDSB) along with a conversation about applicable Texas Department of Housing and Community Affairs (TDHCA) and U.S. Department of Housing and Urban Development (HUD) Grant Programs.

Jarrett Atkinson, city manager, gave comments and answered questions from City Council.

Karen Murfee, director of community development, gave a presentation regarding the make-up and role of the Community Development Services Board along with a conversation about applicable Texas Department of Housing and Community Affairs and U.S. Department of Housing and Urban Development Grant Programs. Ms. Murfee also answered questions from City Council.
             
At the completion of the Work Session, City Council recesses into Executive Session.

The meeting recessed at 3:18 p.m. and reconvened in Executive Session under the provisions of Section 551, Texas Government Code. City Council reconvened in open session at 4:56 p.m., and the meeting was called to order at 5:10 p.m.
             
3. Executive Session
             
1. 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.
Texas Department of Transportation Turnback Program
             
2. 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 Building Board of Appeals, Central Business District Tax Increment Financing Reinvestment Zone Board of Directors, Community Development and Services Board, Electric Utility Board, Lubbock Business Park Tax Increment Financing Reinvestment Zone Board of Directors, North Overton Tax Increment Financing Reinvestment Zone Board of Directors, Urban Design/ Historic Preservation Commission, Urban Renewal/ Neighborhood Redevelopment Commission, and the Zoning Board of Adjustment.
             
3. Hold an executive session in accordance with V.T.C.A. Government Code Section 551.086 on the following competitive matters of Lubbock Power & Light.
             
1.
Joint Application of Oncor Electric Delivery Company, LLC and City of Lubbock, Acting by and Through Lubbock Power & Light, for a Certificate of Convenience and Necessity for the Proposed Wadsworth to New Oliver to Farmland 345-kv Transmission Line in Lubbock and Lynn Counties, Texas, and the Proposed Southeast to New Oliver to Oliver 115-kv Transmission Line in Lubbock County, Texas, SOAH Docket No. 473-19-2405, PUC Docket No. 48909.
             
2.
Joint Application of Sharyland Utilities, L.P. and City of Lubbock, Acting by and Through Lubbock Power & Light, for a Certificate of Convenience and Necessity for the Abernathy to Wadsworth 345 kV Transmission Line in Hale and Lubbock Counties, SOAH Docket No. 473-19-1399, PUC Docket No. 48668.
             
Adjourn from Executive Session
             
4:56 p.m. - City Council reconvenes in Open Session in City Hall Council Chambers
             
4. Ceremonial Items
             
1. Invocation

Reverend Paul Carpenter, First Christian Church of Lubbock, led the invocation.
             
2. Pledges of Allegiance

Pledges of Allegiance were given by those in attendance to the United States and Texas flags.
             
3. Proclamations and Presentations
             
1.
Recognition of Stuart Walker, Director of Code Enforcement, for receipt of the 2019 I.E. Scott Award from the Texas Environmental Health Association

Mayor Pro Tem Jeff Griffith recognized and congratulated Stuart Walker, director of code enforcement, for his achievement in receiving the 2019 I.E. Scott Award from the Texas Environmental Health Association.

Jarrett Atkinson, city manager, thanked Mr. Walker for his service. Mr. Walker gave comments and thanked the City Council.
             
2.
Presentation of the Texas Commission on Environmental Quality (TCEQ) Outstanding Cross-Connection Control Program Award to the City of Lubbock

Mayor Pro Tem Jeff Griffith recognized and congratulated the Water Utility Department for receiving the Texas Commission on Environmental Quality Outstanding Cross-Connection Control Program Award.
             
4. Board Recognitions: Presented by Council Member Steve Massengale
 
Veterans Advisory Committee
Bennie Nash
Clemmie Payne
             
Call to Order

The meeting was called to order at 5:10 p.m.
             
5. Citizen Comments - According to Lubbock City Council Rules, any citizen wishing to appear before a regular meeting of the City Council, regarding any matter posted on the City Council Agenda, shall complete the sign-up form provided at the meeting, no later than 5:00 p.m.

No one appeared to speak.
             
6. Minutes
             
1. November 5, 2019 Regular City Council Meeting
  Motion by Council Member Latrelle Joy, seconded by Council Member Juan A. Chadis to approved the November 5, 2019 minutes.
  Vote: 7 - 0 Motion carried
             
7. 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 Council Member Steve Massengale, seconded by Council Member Latrelle Joy to approve items 7.1-7.1.1; 7.3-7.7; and 7.9-7.21.
  Vote: 7 - 0 Motion carried
             
1. Budget Amendment Ordinance 2nd Reading - Finance: Ordinance No. 2019-O0162, Amendment 6, amending the FY 2019-20 Budget for municipal purposes respecting the General Fund and Grant Fund to accept and appropriate funding from the National Association of City and County Health Officials for the VIM-CRPA Demonstration Project; accept and appropriate funding from the Department of State Health Services for the HIV Prevention Grant; accept and appropriate funding from the Texas Health and Human Services Commission for the Medicaid Administrative Claiming Program; providing for filing; and providing for a savings clause.
             
1. Resolution - Public Health Services: Resolution No. 2019-R0442 authorizing the Mayor to execute Contract HHS000077800035 under the HIV Prevention Services Contract and any associated documents, by and between the City of Lubbock and the Texas Department of State Health Services, to provide funding for HIV prevention services provided by the City of Lubbock Health Department.
             
2. Budget Amendment Ordinance 2nd Reading - Finance: Ordinance No. 2019-O0163, Amendment 8, amending the FY 2019-20 Budget for municipal purposes respecting the Capital Fund to establish Capital Improvement Project 8650 - Traffic Signal Improvements at 7th Street and Indiana Avenue and appropriate funding; providing for filing; and providing for a savings clause.
  Motion by Mayor Pro Tem Jeff Griffith, seconded by Council Member Latrelle Joy to substitute the item handed out at the dais for the ordinance included in the agenda packet under Item 7.2. The only change from the original is in Section 1, where the source of funding has been clarified as being from University Medical Center instead of Texas Tech University.
  Vote: 7 - 0 Motion carried
  Motion by Mayor Pro Tem Jeff Griffith, seconded by Council Member Steve Massengale to approve Ordinance No. 2019-O0163 as substituted.
  Vote: 7 - 0 Motion carried
             
3. Budget Amendment Ordinance 1st Reading - Finance: Ordinance No. 2019-O0169, Amendment 9, amending the FY 2019-20 Budget for municipal purposes respecting the Capital Fund to establish Capital Improvement Project 8651 - SH 114 and FM 179 Traffic Control and appropriate funding; providing for filing; and providing for a savings clause.       
             
4. Ordinance 2nd Reading - Right-of-Way: Ordinance No. 2019-O0164, an ordinance abandoning and closing a 20-foot wide Sanitary Sewer Line Easement located in Lot 1, Hardwick Elementary School Addition, Lubbock County, 1420 Chicago Avenue.
             
5. Ordinance 2nd Reading - Right-of-Way: Ordinance No. 2019-O0165, abandoning and closing a portion of a 20-foot wide Unrestricted Underground Utility Easement and a portion of a Garbage Collection Easement, reserving a Utility Easement, located in Lot 14, Iris Gardens Addition, 3305 83rd Street.
             
6. Ordinance 2nd Reading - Engineering: Ordinance No. 2019-O0166, amending Chapter 22 “Utilities”, Article 22.11 “Stormwater Regulations”; Chapter 30 “Lakes, Waterways and Floodplains”; and Chapter 38 “Subdivisions” of the Code of Ordinances of the City of Lubbock, Texas, in order to align ordinances with the newly adopted 2019 Drainage Criteria Manual and Master Drainage Plan; providing a savings clause; providing a penalty and providing for publication.
             
7. Resolution - Engineering: Resolution No. 2019-R0443 authorizing the Mayor to execute Amendment No. 5 to Professional Services Contract No. 12113, with Halff Associates, Inc., for the Stormwater Master Plan.
             
8. Resolution - Engineering: Resolution No. 2019-R0455 authorizing the Mayor to execute an Advanced Funding Agreement (AFA), Contract No. 15078, between the City of Lubbock and the State of Texas acting through the Texas Department of Transportation (TxDOT), for the Surface Transportation Program for the construction of the Upland Avenue Corridor, from 66th Street to 82nd Street.

Jarrett Atkinson, city manager, gave comments and answered questions from City Council.
  Motion by Council Member Randy Christian, seconded by Council Member Latrelle Joy move to substitute the item handed out at the dais, in regard to Item 7.8 attachment - the Advanced Funding Agreement between TxDOT and the City of Lubbock, with the following changes being made:
  • Decrease to the initial payment amount from TxDOT by $25,238.99.
  • Increase the remaining amount due by the City of Lubbock by $25,238.99.
  Vote: 7 - 0 Motion carried
  Motion by Council Member Randy Christian, seconded by Council Member Latrelle Joy to approve Resolution No. 2019-R0455 as substituted.
  Vote: 7 - 0 Motion carried
             
9. Resolution - Engineering: Resolution No. 2019-R0444 authorizing the Mayor to execute Amendment No. 1 to Contract No. 14034, with Kimley-Horn and Associates, Inc., for additional engineering services related to the Upland Avenue paving improvement project.
             
10. Ordinance 2nd Reading - Business Development: Ordinance No. 2019-O0167, reviewing classifications for the methods of assessing special benefits for the services and improvements of property in the Upland Crossing Public Improvement District (PID); approving, adopting, and filing with the City Secretary the assessment roll; levying 2020 assessments for the cost of certain services and improvements to be provided in the district during FY 2020-21; fixing charges and liens against the property in the district and against the owners thereof; and providing for the collection of the assessment.
             
11. Resolution - Community Development: Resolution No. 2019-R0445 authorizing the Mayor to execute Amendment No. 1 to Community Development Funding Contract 14727 and all related documents, with Catholic Charities, Diocese of Lubbock, to provide funding for the Parent Empowerment Program through the Community Services Block Grant (CSBG).
             
12. Resolution - Community Development: Resolution No. 2019-R0446 authorizing the Mayor to execute Amendment No. 1 to Community Development Funding Contract 14729 and all related documents, by and between Lutheran Social Services of the South, Inc. (LSSS), and the City of Lubbock, to provide utility assistance to qualified low-income persons and families through the Comprehensive Energy Assistance Program (CEAP).
             
13. Resolution - Public Health Services: Resolution No. 2019-R0447 authorizing the Mayor to execute, for and on behalf of the City of Lubbock, Amendment No. 3 to the Public Health Emergency Preparedness Cooperative Agreement, Contract No. 537-18-0127-00001 and any associated documents, with the State of Texas acting by and through its Department of State Health Services (DSHS), for supplies related to the implementation of the agreement.
             
14. Resolution - Public Health Services: Resolution No. 2019-R0448 appointing Ronald L. Cook, DO, MBA, as the Local Health Authority for the City of Lubbock.
             
15. Resolution - Cultural Arts: Resolution No. 2019-R0449 authorizing the Mayor to execute an Economic Development Grant Agreement between the City of Lubbock and Lubbock Experience, Inc., a 501(c)(3) non-profit corporation, d/b/a the Lubbock Cultural Arts Foundation, for the City's share of the estimated cost associated with the employment of a Director of Cultural Arts.
             
16. Resolutions - Facilities Management: Resolution No. 2019-R0451 authorizing the Mayor to execute Amendment No. 5 to Contract 13109 with Lee Lewis Construction, Inc. (LLCI), for Construction Manager at Risk Services at Citizens Tower.
             
17. Resolution - Fleet Operations: Resolution No. 2019-R0450 authorizing the Mayor to execute Purchase Order 31049172, with Rush Truck Centers of Texas, LP, for the purchase of a Peterbilt 348TA Vac-Con Truck, for Storm Sewer Maintenance.
             
18. Resolution - Fleet Operations: Resolution No. 2019-R0452 authorizing the Mayor to execute Purchase Order 31049200, with Sam Pack's Five Star Ford, for the purchase of twenty (20) Mid-Size PPV Sports Utility Vehicles, for Police Patrol.
             
19. Ordinance 2nd Reading - Lubbock Power & Light: Ordinance No. 2019-O0168, to amend Article 2.03, Division 12 of the City of Lubbock Code of Ordinances, increasing the number of terms that may be served by Electric Utility Board Members and removing the duty to recommend individuals to the board of the West Texas Municipal Power Agency.
             
20. Resolution - Lubbock Power & Light: Resolution No. 2019-R0453 regarding the intent of the City Council of the City of Lubbock, to convey certain lands to Oncor Electric Delivery Company (“Oncor”), pursuant to the previously approved Participation Agreement and the consideration for services provided therein.
             
21. Resolution - Lubbock Power & Light: Resolution No. 2019-R0454 naming certain substations as follows:
• Yellow House Canyon Substation, for the LP&L substation to be constructed near X-FAB and near Yellow House Canyon Park (previously referred to as X-FAB Substation
• Dunbar Substation, for the LP&L substation to be constructed east of Loop 289, and east of existing Wadsworth Substation, near the Dunbar Historical Lake (previously referred to as Wadsworth Substation)
• Posey Substation, for the LP&L substation to be constructed south of Lubbock, near the community of Posey (previously referred to as New Oliver Substation)
             
8. Regular Agenda
             
1. Resolution - Planning: Resolution No. 2019-R0456 accepting the first Annual Report from the Comprehensive Plan Oversight Committee regarding the progress and accomplishments of the Plan Lubbock 2040 implementation.

Jarrett Atkinson, city manager, gave comments and answered questions from City Council.  John Zwiacher, chair of the Comprehensive Plan Oversight Committee, gave a presentation and answered questions from City Council.

Mayor Pro Tem Jeff Griffith thanked Mr. Zwiacher and the Comprehensive Plan Oversight Committee for their dedication and service.
  Motion by Mayor Pro Tem Jeff Griffith, seconded by Council Member Shelia Patterson Harris to approve Resolution No 2019-R0456.
  Vote: 7 - 0 Motion carried
             
2. Public Hearing - Planning: Ordinance No. 2019-O0170, for Zone Case 2916-B, a request for an amendment to Ordinance No. 2017-O0138 to remove the condition limiting the total number of curb cuts off Upland Avenue at 8308, 8312, and 8702 Upland Avenue, located west of Upland Avenue and south of 82nd Street, Upland Business Park, Tract A, and 16.923 acres of unplatted land out of Block AK, Section 26, and consider an ordinance.

Bryan Isham, director of planning, gave a presentation and answered questions from City Council.

Mayor Pope opened the public hearing at 5:31 p.m.

No one appeared to speak in favor or opposition.

Mayor Pope closed the public hearing at 5:31 p.m.
  Motion by Council Member Juan A. Chadis, seconded by Council Member Randy Christian to approve Ordinance No. 2019-O0170.
  Vote: 7 - 0 Motion carried
             
3. Public Hearing - Planning: Ordinance No. 2019-O0171, Zone Case 3401, a request of AMD Engineering for Lincoln Frankford Group, for a zone change to Two-Family Residential (R-2) from Single-Family Residential (R-1), located generally, east of Frankford Avenue and north of Itasca Street, on 11.63 acres of unplatted land out of Block JS, Section 6, and consider an ordinance.

Bryan Isham, director of planning, gave a presentation and answered questions from City Council.

Mayor Pope opened the public hearing at 5:40 p.m.

Cory Dulin, principal and co-founder of AMD Engineering, LLC, appeared to speak in favor.  No one appeared to speak in opposition.

Mayor Pope closed the public hearing at 5:42 p.m.
  Motion by Mayor Pro Tem Jeff Griffith, seconded by Council Member Latrelle Joy to approve Ordinance No. 2019-O0171.
  Vote: 7 - 0 Motion carried
             
4. Public Hearing - Planning: Ordinance No. 2019-O0172, for Zone Case 3401-A, a request of AMD Engineering for Lincoln Frankford Group, for a zone change to Reduced Setback Single-Family Residential (R-1A) from Single-Family Residential (R-1), located generally east of Frankford Avenue and north of Itasca Street, on 3.14 acres of unplatted land out of Block JS, Section 6, and consider an ordinance.

Bryan Isham, director of planning, gave a presentation and answered questions from City Council.

Mayor Pope opened the public hearing at 5:43 p.m.

No one appeared to speak in favor or opposition.

Mayor Pope closed the public hearing at 5:43 p.m.
  Motion by Council Member Latrelle Joy, seconded by Council Member Juan A. Chadis to approve Ordinance No. 2019-O0172.
  Vote: 7 - 0 Motion carried
             
5. Public Hearing - Planning: Ordinance No. 2019-O0173, for Zone Case 3401-B, a request of AMD Engineering for Lincoln Frankford Group, for a Specific Use in the Reduced Setback Single-Family Residential District (R-1A) for townhomes, located generally east of Frankford Avenue and north of Itasca Street, on 3.14 acres of unplatted land out of Block JS, Section 6, and consider an ordinance.

Bryan Isham, director of planning, gave a presentation and answered questions from City Council.

Mayor Pope opened the public hearing at 5:44 p.m.

No one appeared to speak in favor or opposition.

Mayor Pope closed the public hearing at 5:44 p.m.
  Motion by Council Member Latrelle Joy, seconded by Council Member Juan A. Chadis to approve Ordinance No. 2019-O0173.
  Vote: 7 - 0 Motion carried
             
6. Public Hearing - Planning: Ordinance No. 2019-O0174, Zone Case 3257-J, a request of Hugo Reed and Associates for 1585 Development LLC, for a zone change to Two-Family Residential (R-2) from Single Family Residential (R-1) Specific Use, at 13502 University Avenue, located north of 137th Street and west of University Avenue, on 9.2 acres of unplatted land out of Block AK, Section 1, and consider an ordinance.

Bryan Isham, director of planning, gave a presentation and answered questions from City Council.

Terry Holeman, chair of the Annexation & Growth Advisory Committee, gave comments and answered questions.

Mayor Pope opened the public hearing at 5:46 p.m.

No one appeared to speak in favor or opposition.

Mayor Pope closed the public hearing at 5:47 p.m.
  Motion by Mayor Pro Tem Jeff Griffith, seconded by Council Member Latrelle Joy to approve Ordinance No. 2019-O0174.
  Vote: 7 - 0 Motion carried
             
7. Public Hearing - Planning: Ordinance No. 2019-O0175 requesting that the City Council amend Chapter 40 "Zoning" of the Code of Ordinances, by amending Section 40.02.055(b) related to Special Exceptions, by removing the use of mobile homes or travel trailers for dwelling purposes in any zoning district, and consider an ordinance.

Bryan Isham, director of planning, gave a presentation and answered questions from City Council.

Mayor Pope opened the public hearing at 5:50 p.m.

No one appeared to speak in favor or opposition.

Mayor Pope closed the public hearing at 5:50 p.m.
  Motion by Council Member Shelia Patterson Harris, seconded by Council Member Juan A. Chadis to approve Ordinance No. 2019-O0175.
  Vote: 7 - 0 Motion carried
             
8. Public Hearing - Planning: Ordinance No. 2019-O0176 amending Chapter 40 “Zoning” of the Code of Ordinances of the City of Lubbock, Texas, with regard to Article 40.03 “Districts” and conditional uses in multiple zoning districts and alcohol sales as a permitted use in various districts; and Article 40.02 “Administration” regarding special exceptions before the Zoning Board of Adjustment in order to bring ordinances into compliance with State Law; providing a savings clause; providing a penalty; and providing for publication.

Bryan Isham, director of planning, gave a presentation and answered questions from City Council.

Mayor Pope opened the public hearing at 5:54 p.m.

No one appeared to speak in favor or opposition.

Mayor Pope closed the public hearing at 5:54 p.m.
  Motion by Mayor Pro Tem Jeff Griffith, seconded by Council Member Steve Massengale to approve Ordinance No. 2019-O0176.
  Vote: 7 - 0 Motion carried
             
9. Board Appointment - City Secretary: Consider the appointment of the Chairperson of the Central Business District Tax Increment Financing (TIF) Reinvestment Zone Board of Directors for the 2020 calendar year, with the term ending on December 31, 2020.
  Motion by Council Member Steve Massengale, seconded by Council Member Latrelle Joy to appoint Robert Taylor as Chairperson of the Central Business District Tax Increment Financing (TIF) Reinvestment Zone Board of Directors.
  Vote: 7 - 0 Motion carried
             
10. Board Appointment - City Secretary: Consider the appointment of the Chairperson of the Lubbock Business Park Tax Increment Financing (TIF) Reinvestment Zone Board of Directors for the 2020 calendar year, with the term ending on December 31, 2020.
  Motion by Council Member Steve Massengale, seconded by Mayor Pro Tem Jeff Griffith to appoint Cassandra Lee Henry as Chairperson of the Lubbock Business Park Tax Increment Financing Reinvestment Zone Board of Directors.
  Vote: 7 - 0 Motion carried
             
11. Board Appointment - City Secretary: Consider the appointment of the Chairperson of the North Overton Tax Increment Financing (TIF) Reinvestment Zone Board of Directors for the 2020 calendar year, with the term ending on December 31, 2020.
  Motion by Council Member Steve Massengale, seconded by Mayor Pro Tem Jeff Griffith to appoint Jeff Dane as Chairperson of the North Overton Tax Increment Financing (TIF) Reinvestment Zone Board of Directors.
  Vote: 7 - 0 Motion carried
6:02 P.M. CITY COUNCIL ADJOURNED
 
There being no further business to come before Council, Mayor Pope adjourned the meeting.

 

The December 3, 2019 Regular City Council Meeting minutes were approved by the City Council on the 14th day of January, 2020.


 

  ____________________________________
DANIEL M. POPE, MAYOR
ATTEST:
 
 
___________________________________
Rebecca Garza, City Secretary
 

AgendaQuick©2005 - 2020 Destiny Software Inc., All Rights Reserved