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CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
August 13, 2019
1:30 P.M.


 
The City Council of the City of Lubbock, Texas met in regular session on the 13th of August, 2019, in City Council Committee Room 103, City Hall, 1625 13th Street, Lubbock, Texas at 1:30 p.m.

 
1:35   P.M. CITY COUNCIL CONVENED
City Council Committee Room 103, City Hall, 1625 13th Street, Lubbock, Texas
Present: 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
Absent: Mayor Daniel M. Pope
Note:
      City Council addressed agenda items in the following order:
  • 1.2; 1.1; 1.3; Executive Session; 3.1-3.4; 5.1; 7.1; 7.4; 7.6; 7.8; 7.3; 7.5; Citizen Comments 4.1; 6.1-6.17; 6.19-6.20; 6.18; 7.7; 7.9-7.13; and 7.2.
  • Item 7.12 failed.
             
1. Hear and discuss presentations regarding the following and provide guidance to staff as appropriate.
             
1. Development Services - Presentation and discussion of the online Zoning Map, Code Enforcement Activity Dashboard, Planning and Zoning Commission Meeting Action Map, and Zoning Board of Adjustment Meeting Action Map.

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

Jesica McEachern, assistant city manager; and Kristen Sager, interim director of planning, gave a presentation and answered questions from City Council.
             
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.

Jarrett Atkinson, City Manager, gave a presentation and answered questions from City Council on the Proposed FY 2019-20 Operating Budget and Capital Program. Discussion included, but was not limited to, North Overton TIF; Downtown Drainage; Proposed 2020 Streets Projects; Proposed Grant Writer; Lubbock Cultural Arts Foundation; and LP&L Proposed Changes.

John Turpin, assistant city engineer; Mike Keenum, division director of engineering/city engineer; Wood Franklin, division director of public works; John Osborn, president and chief executive officer of LEDA; Brooke Witcher, assistant city manager; and David McCalla, director of electric utilities/chief executive officer for LP&L, gave comments and answered questions from City Council.
             
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.

Jarrett Atkinson, city manager, briefed the City Council as to which consent agenda items would be pulled.
             
At the completion of the Work Session, City Council recesses into Executive Session.
             
2. Executive Session

The meeting recessed at 2:57 p.m. and reconvened in Executive Session under the provisions of Section 551, Texas Government Code. City Council recessed from Executive Session and reconvened in open session at 4:31 p.m. The meeting was called to order at 4:54 p.m.
             
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.
House Bill 2840, 86th Texas Legislature
             
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.
108 East Broadway
             
2.
Property at 66th Street and University
             
3.
I-27 Recycling Site
             
4.
City of Lubbock Parks System
             
Adjourn from Executive Session
             
4:30 p.m. - City Council reconvenes in Open Session in City Hall Council Chambers

City Council reconvened at 4:31 p.m.
             
3. Ceremonial Items
             
1. Invocation

Pastor Larry L. Polk, New Hope Missionary Baptist Church, led the invocation.
             
2. Pledges of Allegiance

Pledges of Allegiance were given by those in Council Chambers to the United States and Texas flags.
             
3. Proclamations and Presentations
             
1.
Presentation of a Special Recognition in support of the Medal of Honor Foundation Character Development Program

Council Member Randy Christian presented a special recognition in support of the Medal of Honor Foundation Character Development Program. Danny Koch, with the Medal of Honor Foundation Character Development Program; Steve Oien, commander of 0900 Military Order of the Purple Heart; Benny Guerrero, commander of the VFW Post 2466; Dallas Grimes, superintendent of Roosevelt Independent School District; and Charlotte Clifton, retired teacher and volunteer with the Medal of Honor Foundation Character Development Program, appeared to accept the recognition. Mr. Koch, Ms. Clifton, and Mr. Grimes gave comments and thanked the Mayor and City Council.
             
4. Board Recognitions:  Presented by Council Member Juan A. Chadis.
 
Animal Services Advisory Board
Allison Andrukonis
 
Building Board of Appeals
Christopher Coke
Joseph Ghandour
Jeremy Steen
 
Citizens Traffic Commission
Kathryn Emery
 
Quincy Park Public Improvement District Advisory Board
Paul Shuey (unable to appear)
             
Call to Order

The meeting was called to order at 4:54 p.m.
             
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.
             
1. Sign-ups:
  • Larry Simmons appeared before the City Council to speak in favor of Item 7.10 (amending Chapter 40 “Zoning” of the Code of Ordinances).
             
5. Minutes
             
1. June 18, 2019 Special City Council Meeting - Electric Utility Board
July 9, 2019 Special City Council Meeting
July 9, 2019 Regular City Council Meeting
  Motion by Council Member Latrelle Joy, seconded by Council Member Juan A. Chadis to approve the June 18, 2019 Special City Council Meeting (Electric Utility Board) minutes, the July 9, 2019 Special City Council Meeting minutes, and the July 9, 2019 Regular City Council Meeting minutes.
  Vote: 6 - 0 Motion carried
 
Other: Mayor Daniel M. Pope (ABSENT)
             
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.
  Motion by Council Member Steve Massengale, seconded by Council Member Juan A. Chadis to approve Items 6.1-6.17; and 6.19-6.20.
  Vote: 6 - 0 Motion carried
 
Other: Mayor Daniel M. Pope (ABSENT)
             
1. Budget Amendment Ordinance 2nd Reading - Finance:  Ordinance No. 2019-O0092, Amendment 21, amending the FY 2018-19 Budget for municipal purposes respecting the Lubbock Business Park Tax Increment Finance District Fund to amend the operating Budget; amend Capital Improvement Project 92563 – North King Street; providing for filing; and providing for a savings clause.
             
2. Budget Amendment Ordinance 2nd Reading - Finance:  Ordinance No. 2019-O0093, Amendment 22, amending the FY 2018-19 Budget for municipal purposes respecting the Airport Capital Fund to establish Capital Improvement Project 92614 – Acquire Snow Removal Equipment and appropriate funding; providing for filing; and providing for a savings clause.
             
1. Resolution - Aviation:  Resolution No. 2019-R0270 authorizing the Mayor to accept a grant agreement with the Federal Aviation Administration (FAA) to acquire Snow Removal Equipment at Lubbock Preston Smith International Airport.
             
3. Budget Amendment Ordinance 1st Reading - Finance:  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.
             
4. Budget Amendment Ordinance 1st Reading - Finance:  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.
             
1. Resolution - Facilities Management:  Resolution No. 2019-R0271 authorizing the Mayor to execute Amendment No. 3 to Contract 13109 with Lee Lewis Construction, Inc. (LLCI), for Construction Manager at Risk Services at Citizens Tower related to eligible expenditures under the Cable Services fund.
             
5. Ordinance 2nd Reading - Right-of-Way:  Ordinance No. 2019-O0094, abandoning and closing a 20-foot wide underground utility easement located in Block 84, Original Town of Lubbock, Lubbock County, Texas, 1301 9th Street.
             
6. Ordinance 2nd Reading - Right-of-Way:  Ordinance No. 2019-O0095, abandoning and closing a 25,884 square foot portion of Avenue L, a street right-of-way, located between Block 84, Original Town of Lubbock and Block 4, Memorial Center Addition, Lubbock County, Texas, 901 Avenue K.
             
7. Ordinance 2nd Reading - Right-of-Way:  Ordinance No. 2019-O0096, abandoning and closing a portion of a 15-foot wide alley located between Lot 11 and Lot 14, Block 20, Country Club Addition, Lubbock County, Texas, 707 North Avenue N.
             
8. Ordinance 2nd Reading - Right-of-Way:  Ordinance No. 2019-O0097, abandoning and closing a portion of a 20-foot wide alley located in Block 147, Original Town of Lubbock, Lubbock County, Texas, 1314 14th Street.
             
9. Ordinance 2nd Reading - Right-of-Way:  Ordinance No. 2019-O0098, abandoning and closing a portion of 14th Street located adjacent to Block 147 and Block 163, Original Town of Lubbock, Lubbock County, Texas, 1300 14th Street.
             
10. Ordinance 2nd Reading - Right-of-Way:  Ordinance No. 2019-O0099, abandoning and closing a portion of a 20-foot wide alley located in Block 163, Original Town of Lubbock, Lubbock County, Texas, 1211 14th Street.
             
11. Ordinance 2nd Reading - Right-of-Way:  Ordinance No. 2019-O0100, abandoning and closing a portion of a 20-foot wide alley located in Block 179, Original Town of Lubbock, Lubbock County, Texas, 1501 15th Street.
             
12. Ordinance 1st Reading - Right-of-Way:  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.
             
13. Resolution - Right-of-Way:  Resolution No. 2019-R0272 authorizing the Mayor to execute a Street Use License and/or City Public Ground Monitor Well Permit with Aptim Environmental and Infrastructure, LLC, (Aptim), for locating eight monitoring wells in the right-of-way of the 1100 block of North Ash Avenue.
             
14. Resolution - Wastewater:  Resolution No. 2019-R0273 authorizing the Mayor to execute Purchase Order 2310581 with West Gaines Seed, Inc., for the purchase of beardless triticale seed.
             
15. Resolution - Traffic Operations:  Resolution No. 2019-R0274 supporting a Safe Routes to School (SRTS) future Detailed Application for the 2019 Texas Department of Transportation (TxDOT) Call for Projects.
             
16. Resolution - Aviation:  Resolution No. 2019-R0275 authorizing the Mayor to execute Contract 14759 with Vance Brothers, Inc. for the application of Emulsified Asphalt Seal Coat of Airport Perimeter Road.
             
17. Resolution - Animal Services:  Resolution No. 2019-R0276 authorizing the Mayor to execute Amendment 1 to Contract 14321 with Eila Machado, D.M.V., for veterinary services.
             
18. Resolution - Facilities Management:  Resolution No. 2019-R0279 authorizing the Mayor to execute Contract 14856, an agreement with Parkhill, Smith & Cooper, Inc.(PSC), for professional architectural and engineering services for the construction of a parking structure located directly south of Citizens Tower.

Jarrett Atkinson, city manager, gave comments and answered questions from City Council.
  Motion by Council Member Steve Massengale, seconded by Council Member Latrelle Joy to approve Resolution No. 2019-R0279.
  Vote: 6 - 0 Motion carried
 
Other: Mayor Daniel M. Pope (ABSENT)
             
19. Resolution - Police:  Resolution No. 2019-R0277 authorizing the Mayor to execute Purchase Order 10022102 with Remotec, Inc., for a portable bomb robot to be used by the Police Department.
             
20. Resolution - Business Development:  Resolution No. 2019-R0278 authorizing the Mayor to approve a Downtown Grant Program (Permittable) expenditure of Market Lubbock, Inc., to be provided to Flips 806, LLC, at 1410 Avenue Q, pursuant to Article IV, Section 5 of the Amended and Restated Bylaws of Market Lubbock Economic Development Corporation. 
             
7. Regular Agenda
             
1. Board Appointments - City Secretary: Consider appointments to the Veterans Advisory Committee.
  Motion by Council Member Steve Massengale, seconded by Council Member Latrelle Joy 
to reappoint David Lewis; and appoint Benny Guerrero to replace Holley Baker, Steve Oien to replace Aaron Chapman, Norman Bearden to replace Jesse Jalomo, Michael Dalby to replace John McGonagill, Linda Murphy to replace Josh Nelson, and Lou Ortiz to replace Blaze Taylor.
  Vote: 6 - 0 Motion carried
 
Other: Mayor Daniel M. Pope (ABSENT)
             
2. Resolution - Finance:  Resolution No. 2019-R0281 concerning property tax rates and impact it may have on City operations, the FY 2019-20 Operating Budget and Capital Program, and consider a resolution adopting a proposed tax rate that will result in additional revenues as outlined in Section 26.05 (d) of the Tax Code of the State of Texas, and setting the dates for public hearings to discuss the proposed tax rate.

Jarrett Atkinson, city manager; and Blu Kostelich, chief financial officer, gave comments and answered questions from City Council.
  Motion by Council Member Latrelle Joy, seconded by Council Member Juan A. Chadis to approve Resolution No. 2019-R0281, and set the public hearings for August 27, 2019 at 4:30 p.m. and September 4, 2019 at 8:00 a.m.
  Vote: 6 - 0 Motion carried
 
Other: Mayor Daniel M. Pope (ABSENT)
             
3. Ordinance 2nd Reading - Planning:  Ordinance No. 2019-O0057, for Zone Case 2922-C, a request of Hugo Reed & Associates, Inc., for Lubbock BW #5 Properties, LLC, for a zone change to Local Retail (C-2) from High Density Apartment (A-2) at 4705 112th Street, southwest corner of 112th Street and Richmond Avenue, Falls At Suncrest Addition, east 4 acres of Tract D, and 4507 112th Street, southwest corner of 112th Street and Richmond Avenue, 5.2 acres of unplatted land out of Block E2, Section 16.

Kristen Sager, interim director of planning; and Terry Holeman, with Hugo Reed and Associates, Inc., gave comments and answered questions from City Council.
  Motion by Council Member Randy Christian, seconded by Council Member Juan A. Chadis to approve Ordinance No. 2019-O0057.
  Vote: 6 - 0 Motion carried
 
Other: Mayor Daniel M. Pope (ABSENT)
             
4. Ordinance 2nd Reading - Planning:  Ordinance No. 2019-O0101, for Zone Case 3085-A, a request of Madewell 21st Duplexes, LLC, for a zone change to Two-Family Residential (R-2) from Garden Office (GO) at 6506 21st Street, located approximately 130 feet west of Milwaukee Avenue on the north side of 21st Street, Ridgewood II Addition, Lots 87-A-1 and 87-B-1.
  Motion by Council Member Shelia Patterson Harris, seconded by Council Member Latrelle Joy to approve Ordinance No. 2019-O0101.
  Vote: 6 - 0 Motion carried
 
Other: Mayor Daniel M. Pope (ABSENT)
             
5. Ordinance 2nd Reading - Planning:  Ordinance No. 2019-O0064, for Zone Case 3145-G, a request of McCanton Woods, LLC, for a zone change to Central Business District 2 (CB-2) from Central Business District 5 (CB-5) at 812 Avenue Q, located on the northwest corner of Avenue Q and 9th Street, Overton Addition, Block 114, Lots 3-5.

Kristen Sager, interim director of planning; and Mont McClendon, representing McCanton Woods, LLC, gave comments and answered questions from City Council.
  Motion by Council Member Juan A. Chadis, seconded by Council Member Steve Massengale to approve Ordinance No. 2019-O0064.
  Vote: 4 - 2 Motion carried
 
NAY: Council Member Latrelle Joy
  Council Member Shelia Patterson Harris
Other: Mayor Daniel M. Pope (ABSENT)
             
6. Ordinance 2nd Reading - Planning:  Ordinance No. 2019O0102, for Zone Case 3257-G, a request of Hugo Reed and Associates, for the City of Lubbock, for a zone change to Apartment Medical (AM) from Single Family Residential (R-1) at 14101 Indiana Avenue, located at the southeast corner of Indiana Avenue and 140th Street, on 3.9 acres of unplatted land out of Block AK, Section 1.
  Motion by Council Member Shelia Patterson Harris, seconded by Council Member Latrelle Joy to approve Ordinance No. 2019-O0102.
  Vote: 6 - 0 Motion carried
 
Other: Mayor Daniel M. Pope (ABSENT)
             
7. Ordinance 2nd Reading - Planning:  Ordinance No. 2019-O0103, for Zone Case 3257-H, a request of Hugo Reed and Associates, for the City of Lubbock, for a Specific Use to allow a Police Station on land zoned Apartment Medical District (AM) at 14101 Indiana Avenue, located at the southeast corner of Indiana Avenue and 140th Street, on 3.9 acres of unplatted land out of Block AK, Section 1.

Kristen Sager, interim director of planning, gave comments and answered questions from City Council.
  Motion by Council Member Steve Massengale, seconded by Council Member Juan A. Chadis to approve and amend Ordinance No. 2019-O0103 by adding the requirement that a 6 foot tall solid permanently maintained screening fence of wood or masonry construction be erected on the east property line.
  Vote: 6 - 0 Motion carried
 
Other: Mayor Daniel M. Pope (ABSENT)
             
8. Ordinance 2nd Reading- Planning:  Ordinance No. 2019-O0104, for Zone Case 3388, a request of Hugo Reed and Associates, for Prudential Enterprises, LLC, for a zone change to Two-Family Residential (R-2) from Single-Family Residential (R-1) at 7401 4th Street, located at the southeast corner of Wausau Avenue and 4th Street, on 7.5 acres of unplatted land out of Block D-6, Section 1.
  Motion by Council Member Shelia Patterson Harris, seconded by Council Member Latrelle Joy to approve Ordinance No. 2019-O0104.
  Vote: 6 - 0 Motion carried
 
Other: Mayor Daniel M. Pope (ABSENT)
             
9. Ordinance 2nd Reading - Planning:  Ordinance No. 2019-O0105, amending Chapter 40 “Zoning” of the Code of Ordinances to correct the list of permitted uses in the Commercial (C-4), Light Manufacturing (M-1), and Specific Use districts.

Kristen Sager, interim director of planning, gave comments and answered questions from City Council.
  Motion by Council Member Latrelle Joy, seconded by Council Member Steve Massengale to approve Ordinance No. 2019-O0105.
  Vote: 6 - 0 Motion carried
 
Other: Mayor Daniel M. Pope (ABSENT)
             
10. Ordinance 2nd Reading - Planning:  Ordinance No. 2019-O0106, amending Chapter 40 “Zoning” of the Code of Ordinances to remove the separation and parking requirements related to microbreweries and similar uses from the Central Business District (CB-4) Depot District, which are outlined in Section 40.03.2121(a) and Section 40.03.2122(15).

Kristen Sager, interim director of planning, gave comments and answered questions from City Council.
  Motion by Council Member Juan A. Chadis, seconded by Council Member Latrelle Joy to approve Ordinance No. 2019-O0106.
  Vote: 6 - 0 Motion carried
 
Other: Mayor Daniel M. Pope (ABSENT)
             
11. Resolution - Planning:  Resolution No. 2019-R0280 approving and granting a variance from the applicable 300-foot minimum distance provisions of City of Lubbock Ordinance 2009-O0060, at the location of 2420 Broadway, Suite A, for an alcoholic beverage permit for Atomic Lounge and Pizza Kitchen.

Kristen Sager, interim director of planning, gave comments and answered questions from City Council.
  Motion by Council Member Steve Massengale, seconded by Council Member Juan A. Chadis to approve Resolution No. 2019-R0280.
  Vote: 6 - 0 Motion carried
 
Other: Mayor Daniel M. Pope (ABSENT)
             
12. Resolution - Planning: Consider a resolution approving and granting a variance from the applicable 300-foot minimum distance provisions of City of Lubbock Ordinance 2009-O0060, at the location of 313 North Detroit Avenue, for an alcoholic beverage permit for Lovely Kwik Mart.

This item failed.  (No action was taken due to lack of second on the motion.)
             
13. Ordinance 1st Reading - City Secretary:  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.

Jarrett Atkinson, city manager, gave comments and answered questions from City Council.
  Motion by Council Member Steve Massengale, seconded by Council Member Latrelle Joy to approve Ordinance No. 2019-O0111.
  Vote: 6 - 0 Motion carried
 
Other: Mayor Daniel M. Pope (ABSENT)
5:50 P.M. CITY COUNCIL ADJOURNED
 
There being no further business to come before Council, Mayor Pro Tem Jeff Griffith adjourned the meeting.

 

The August 13, 2019 Regular City Council Meeting minutes were approved by the City Council on the 10th day of September, 2019.


 

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

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