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City of Lubbock, Texas
Regular City Council Meeting
Tuesday, August 27, 2019
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.
 
1:30 p.m. - City Council convenes in Work Session in Committee Room 103 in City Hall - 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.   Hear and discuss presentations regarding the following and provide guidance to staff as appropriate.
 
1. 1.   Lubbock Animal Services - Policy and Progress Updates
 
1. 2.   Presentation and discussion of the Proposed FY 2019-20 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 and associated items; and take action to direct the City Manager to make changes to said Budget.
 
1. 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.
 
At the completion of the Work Session, City Council recesses into Executive 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.  
Tracts C and E-43, C.N. Hodges Addition
 
2. 1. 2.  
Lot 2 and the West Part of Lot 3, Block 30, Coronado Addition, and East Part of Lot 3, Block 30, Coronado Addition
 
2. 1. 3.  
East 35 feet of Lot 13 and the West 40 feet of Lot 14, Block 10, Sunny Slope Addition
 
2. 1. 4.  
Discuss Chapters 32 and 40 of the Lubbock Code of Ordinances
 
2. 1. 5.  
Application of Oncor Electric Delivery Company LLC and Lubbock Power and Light for a Certificate of Convenience and Necessity for the Proposed Abernathy to North to North Loop 345/115-KV Transmission Line in Hale and Lubbock Counties, PUC Docket No. 49151, SOAH Docket No. 473-19-5853, proceeding in the State Office of Administrative Hearings.
 
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.  
5,562 acres, more or less, plus improvements in Lubbock County, Texas, commonly known as Lubbock Land Applicaton Site
 
2. 3.   Hold an executive session in accordance with Texas Government Code, Section 551.089 to deliberate security assessments or deployments relating to information resources technology; network security information; or the deployment or implementation of security personnel, critical infrastructure or security devices.
 
Adjourn from Executive Session
 
4:30 p.m. - City Council reconvenes in Open Session in City Hall Council Chambers
 
3.   Ceremonial Items
 
3. 1.   Invocation
 
3. 2.   Pledges of Allegiance
 
3. 3.   Proclamations and Presentations
 
3. 3. 1.  
Presentation of a Special Recognition to the Girl Scouts Texas Oklahoma Plains in support of their upcoming Lubbock Desserts First event on September 10, 2019
 
3. 4.   Board Recognitions:

Appointments Advisory Board
Kathleen Burrell
Samuel Gonzales
Margaret Kelley
Eric Pierce
Brett Underwood

Lubbock Water Advisory Commission
Katherine Drury
Jay House

Permit and License Appeal Board
Patrick Kelly

Urban Design & Historic Preservation Commission
Samuel Krier
 
Call to Order
 
4.   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.
 
5.   Minutes
 
5. 1.   June 26, 2019 Special City Council Meeting - Lubbock Economic Development Alliance
July 23, 2019 Regular City Council Meeting
July 25, 2019 Special City Council Meeting - Joint with Planning & Zoning
July 29, 2019 Special City Council Meeting - Budget Work Session
July 30, 2019 Special City Council Meeting - Budget Work Session
July 31, 2019 Special City Council Meeting - Budget Work Session
 
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.   Budget Amendment Ordinance 2nd Reading - Finance: Consider Budget Ordinance No. 2019-O0108, Amendment 23, amending the FY 2018-19 Budget for municipal purposes respecting the Capital fund to Amend Capital Improvement Project 92435 – Street Maintenance Program and appropriate funding; providing for filing; and providing for a savings clause.
 
6. 2.   Budget Amendment Ordinance 2nd Reading - Finance: Consider Budget Ordinance No. 2019-O0109, Amendment 24, amending the FY 2018-19 Budget for municipal purposes respecting the Cable Services fund to Amend the operating budget; providing for filing; and providing for a savings clause.
 
6. 3.   Resolution - Finance: Consider a resolution approving the City of Lubbock Investment Policy and Investment Strategy, as reviewed and recommended by the Audit and Investment Committee.
 
6. 4.   Ordinance 2nd Reading - Right-of-Way: Consider Ordinance No. 2019-O0110, abandoning and closing a portion of an underground utility easement located in the southeast corner of Tract A, South Plains Addition, Lubbock County, Texas, 6210 Slide Road.
 
6. 5.   Ordinance 1st Reading - Right-of-Way: Consider an ordinance abandoning and closing a portion of 3rd Place, that is a 112.5 square foot corner clip, located southeast of, and adjacent to Tract A, Block 1, Paul M. Crouch Addition, Lubbock County, Texas.
 
6. 6.   Ordinance 1st Reading - Right-of-Way: Consider an ordinance abandoning and closing portions of two storm water storage and drainage easements located in Section 19 Block E-2, Lubbock County, Texas, 3222 103rd Street.
 
6. 7.   Ordinance 1st Reading - Right-of-Way: Consider an ordinance abandoning and closing an underground utility easement located in Section 19 Block E-2, All Saints Addition, Lubbock County, Texas, 3222 103rd Street.
 
6. 8.   Ordinance 1st Reading - Right-of-Way: Consider an ordinance abandoning and closing a 20-foot public utility easement and a portion of a 20-foot public utility easement and right-of-way for ingress and egress, located in Tract A-2, Gordon Heights Addition, 4644 50th Street.
 
6. 9.   Resolution - Water Utilities: Consider a resolution authorizing the Mayor to execute Contract 14877 with the Texas Department of Criminal Justice (TDCJ), for the continued purchase of water to supply the John Montford Prison Unit from the City’s potable water system.
 
6. 10.   Resolution - Utility and Street Maintenance: Consider a resolution authorizing the Mayor to execute Contract 14831 with Lone Star Dirt and Paving, Ltd. for the Mill and Relay project on Martin Luther King, Jr. Boulevard.
 
6. 11.   Resolution - Utility and Street Maintenance: Consider a resolution authorizing the Mayor to execute Contract 14869 with MudCo Trucking Inc., to establish the annual pricing for raw materials to be used in Public Works Operations.
 
6. 12.   Resolution - Community Development: Consider a resolution authorizing the Mayor to execute a Real Estate Sales Contract, on behalf of the City of Lubbock, with Johnny Vasquez, for the sale of an Urban Renewal Agency (URA) vacant lot described as Lot eight (8), Block Sixteen (16) Guadalupe Addition, Lubbock, Lubbock County, Texas, and located at 1001 1st Place.
 
6. 13.   Resolution - Public Transit Services: Consider a resolution authorizing the Mayor to execute Contract No. 14822 with Michelin North America, Inc., for the supply of transit bus tires, for Citibus, RFP 19-14822-SG.
 
6. 14.   Resolution - Information Technology: Consider a resolution authorizing the Mayor to execute Purchase Order Contract 33001229 with Dell Marketing LP, for the purchase of desktop computers, workstations, tablets, monitors, and laptop computers.
 
6. 15.   Resolution - Facilities Management: Consider a resolution authorizing the Mayor to execute a Lease Agreement with Luskey Brothers Investments for Godeke Branch Library located at 5034 Frankford Avenue.
 
6. 16.   Resolution - Parks and Recreation: Consider a resolution authorizing the Mayor to accept, on behalf of the City of Lubbock, an additional 0.767-acre tract of land in Tract A, Texas Instruments Addition, from X-FAB Texas, Inc., for the purpose of improving the Berl Huffman Athletic Complex.
 
6. 17.   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 $28,660.
 
6. 18.   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 a rate of $0.0026 per $100 equipment valuation.
 
6. 19.   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 valuation.
 
6. 20.   Resolution - Risk Management: Consider a resolution authorizing and directing the City Manager to purchase for and on 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 $0.1697 per $100 valuation, and said attachment is incorporated hereto as if fully set forth herein: Liberty Surplus Ins Company, Lloyd’s of London, Hallmark Specialty Ins Company, Zurich Ins Group, Everest Re Group, Ltd., Arch Specialty Ins Company, Markel Ins Company, James River Ins Company, Scottsdale Ins Company, Mitsui Sumitomo Ins Company, RSUI Group, OneBeacon Ins Group, Arrowhead General Ins Agency, Inc., and Great American Ins Group.
 
6. 21.   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 $451,586.
 
6. 22.   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 Montford Dam for a total premium in an amount not to exceed $167,934.
 
6. 23.   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 Certain Underwriters at Lloyd’s of London, for which the premium amount shall not exceed $35,616.
 
6. 24.   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 Municipal League Intergovernmental Risk Pool, for which the premium amount shall not exceed $1,250,988.
 
6. 25.   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 $0.2334 per $100, said attachment is incorporated hereto as if fully set forth herein: AEGIS, SCOR UK Company Limited, Hardy Insurance Company, Mitsui Sumitomo Ins Company, Inter Hannover, MS Amlin, and StarStone.
 
6. 26.   Resolutions - Risk Management: Consider four resolutions authorizing and directing the City Manager to purchase for and on behalf of the City of Lubbock, inland marine insurance coverage from Travelers Lloyd’s Insurance Company, for which the premium amount shall not exceed $9,138; crime insurance coverage from Travelers Casualty & Surety Company of America, for which the premium amount shall not exceed $6,921; pipeline liability insurance coverage from Federal Insurance Company, for which the premium amount shall not exceed $5,150; and drones hull and liability coverage from Westchester Fire Insurance Company, for which the premium shall not exceed $5,450.
 
6. 27.   Resolution - Police: Consider a resolution authorizing the Mayor to execute an interlocal agreement by and between the City of Lubbock and the State of Texas, on behalf of the Texas Department of Public Safety, for a Tactical Flight Officer.
 
6. 28.   Resolution - Police: Consider a resolution authorizing the Mayor to execute Purchase Order 10022184 with Grainger, for Full Face Respirators, threaded, including assembly and filters, to be used by the Lubbock Police Department.
 
6. 29.   Ordinance 2nd Reading - City Secretary: Consider Ordinance No. 2019-O0111, amending Article 8.21 "Bicycle and Scooter Sharing" by amending Section 8.21.002 "Vendor Permit Required", in order to remove the temporary nature of permitting and terminate the pilot program; providing a savings clause; providing a penalty and providing for publication.
 
7.   Regular Agenda
 
7. 1.   Public Hearing - Finance: Hold a public hearing on a proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by 4.07% (percentage by which the proposed tax rate exceeds the effective tax rate calculated under Chapter 26, Tax Code).
 
7. 2.   Public Hearing - Finance: Hold a public hearing on the proposed 2019 Assessment rate for the North Overton Public Improvement District (PID), and consider an ordinance reviewing classifications for the methods of assessing special benefits for the services and improvements of property in the North Overton PID; approving, adopting, and filing with the City Secretary the assessment roll; levying 2019 assessments for the cost of certain services and improvements to be provided in the district during FY 2019-20; fixing charges and liens against the property in the district and against the owners thereof; and providing for the collection of the assessment.
 
7. 3.   Public Hearing - Finance: Hold a public hearing on the proposed 2019 Assessment rate for the North Point Public Improvement District (PID), and consider an ordinance reviewing classifications for the methods of assessing special benefits for the services and improvements of property in the North Point PID; approving, adopting, and filing with the City Secretary the assessment roll; levying 2019 assessments for the cost of certain services and improvements to be provided in the district during FY 2019-20; fixing charges and liens against the property in the district and against the owners thereof; and providing for the collection of the assessment.
 
7. 4.   Public Hearing - Finance: Hold a public hearing on the proposed 2019 Assessment rate for the Quincy Park Public Improvement District (PID), and consider an ordinance reviewing classifications for the methods of assessing special benefits for the services and improvements of property in the Quincy Park PID; approving, adopting, and filing with the City Secretary the assessment roll; levying 2019 assessments for the cost of certain services and improvements to be provided in the district during FY 2019-20; fixing charges and liens against the property in the district and against the owners thereof; and providing for the collection of the assessment.
 
7. 5.   Public Hearing - Finance: Hold a public hearing on the proposed 2019 Assessment rate for the Valencia Public Improvement District (PID), and consider an ordinance reviewing classifications for the methods of assessing special benefits for the services and improvements of property in the Valencia PID; approving, adopting, and filing with the City Secretary the assessment roll; levying 2019 assessments for the cost of certain services and improvements to be provided in the district during FY 2019-20; fixing charges and liens against the property in the district and against the owners thereof; and providing for the collection of the assessment.
 
7. 6.   Public Hearing - Finance: Hold a public hearing on the proposed 2019 Assessment rate for the Bell Farms Public Improvement District (PID), and consider an ordinance reviewing classifications for the methods of assessing special benefits for the services and improvements of property in the Bell Farms PID; approving, adopting, and filing with the City Secretary the assessment roll; levying 2019 assessments for the cost of certain services and improvements to be provided in the district during FY 2019-20; fixing charges and liens against the property in the district and against the owners thereof; and providing for the collection of the assessment.
 
7. 7.   Public Hearing - Planning: Consider a request for Zone Case 788-A, a request of Carlos Zubeate, for a zone change to Commercial District (C-4), from General Retail District (C-3) at 3907 and 3909 Idalou Road, located approximately 980 feet northeast of Northeast Loop 289 on the north side of Idalou Road, Gordon Bozeman Addition, Block 5, Lots 1 and 2, and consider an ordinance.
 
7. 8.   Public Hearing - Planning: Consider a request for Zone Case 2543-G, a request of City of Lubbock, for a zone change to Reduced Setback Single Family Residential District (R-1A), from General Retail (C-3) at 9801, 9803, and 9805 Avenue S, 9801 – 9806 Avenue R, 9802, 9804, and 9806 Avenue Q, 1701, 1703, 1705, 1707, 1709, 1711, 1713, 1715, 1717, 1719, 1721 99th Street, and 1701 – 1723 99th Place, located at the southeast corner of 98th Street and Avenue S, Stonebridge Community Addition, Lots 203 – 248 and consider an ordinance.
 
7. 9.   Public Hearing - Planning: Consider a request for Zone Case 3175-E, a request of Hugo Reed and Associates, for City of Lubbock, for a Specific Use to allow a Police Station on land zoned High Density Apartment District (A-2) at 5906 Erskine Street, located approximately 1,055 feet west of North Frankford Avenue on the north side of Erskine Street, on 3.1 acres of unplatted land out of Block JS, Section 7, and consider an ordinance.
 
7. 10.   Public Hearing - Planning: Consider a request for Zone Case 3257-I, a request of Hugo Reed and Associates, Inc, for 1585 Development, LLC, for a zone change to Interstate Highway Commercial District (IHC), Two Family Residential District (R-2), General Retail District (C-3), and Family Apartment District (A-1), from General Retail District (C-3), Two Family Residential District (R-2), and High Density Apartment District (A-2) at 3021 130th Street, 13002 and 13206 University Avenue, located at the southwest corner of University Avenue and 130th Street, on 56.96 acres of unplatted land out of Block AK Section 1, and consider an ordinance.
 
7. 11.   Public Hearing - Planning: Consider a request for Zone Case 3389, a request of Kevin Watt, for Texas Plains Federal Credit Union, for a zone change to Commercial District (C-4), from Single-Family Residential District (R-1) at 9425 4th Street, located at the southeast corner of Research Boulevard and 4th Street, on 1.71 acres of unplatted land out of Block D-6, Section 3, and consider an ordinance.
 
7. 12.   Public Hearing - Planning: Consider a request for Zone Case 3390, a request of Hugo Reed and Associates, for Martin Gill’s Heating and Air, LLC, for a zone change to Light Manufacturing District (M-1), from Transition District (T) at 5623 132nd Street, located approximately 990 feet west of Chicago Avenue on the south side of 132nd Street, Huffines Business Park Addition, Tract G, and consider an ordinance.
 
7. 13.   Public Hearing - Planning: Consider a request for Zone Case 3391, a request of Jose L. Hernandez, for a zone change to Interstate Highway Industrial District (IHI), from Single-Family Residential District (R-1) at 4805 North Interstate 27, located approximately 1,460 feet north of Regis Street on the west side of Interstate 27, on 4.898 acres of unplatted land out of Block A Section 9, and consider an ordinance.
 
7. 14.   Public Hearing - Planning: Discuss and take any appropriate action on a report from the Planning and Zoning Commission requesting that the City Council amend Chapter 40 “Zoning” of the Code of Ordinances to adopt a new permit process for the operation of Short Term Rentals, including the requirement to pay hotel occupancy fees to the City of Lubbock, and consider an ordinance.
 
7. 15.   Ordinance 1st Reading - Finance: Consider an ordinance amending Article 18.03 "Hotel Occupancy Tax" with regard to the levy and collection of hotel occupancy taxes for short term rentals; providing a savings clause; providing a penalty; and providing for publication.
 
7. 16.   Public Hearing - Finance: Hold a public hearing to consider the Statement of Intent and Application for Authority to Change Rates filed with the City of Lubbock by Southwestern Public Service Company d/b/a Xcel Energy on August 8, 2019.
 
7. 16. 1.   Order and Resolution - Finance: Consider and take action on an Order and Resolution in response to a Statement of Intent and Application for Authority to Change Rates, filed with the City of Lubbock by Southwestern Public Service Company (SPSC) d/b/a Xcel Energy, on August 8, 2019.
 
7. 17.   Board Appointment - City Secretary: Consider and take action on the appointment of the Chairperson for the Veterans Advisory Committee.
 
7. 18.   Board Appointments - City Secretary: Consider and take action on the appointments of the Chairperson and Vice-Chairperson for the Lubbock Water Advisory Commission.
 

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