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HomeMy WebLinkAboutMinutes - City Council - Regular - 2/22/2018 CITY OF LUBBOCK l REGULAR CITY COUNCIL MEETING February 22, 2018 1:00 P.M. The City Council of the City of Lubbock,Texas met in regular session on the 22nd of February, 2018,in City Council Committee Room 103,City Hall, 1625 13th Street,Lubbock,Texas at 1:00 p.m. 1:03 P.M. CITY COUNCIL CONVENED City Council Committee Room 103,City Hall, 1625 13th Street,Lubbock,Texas Present: Mayor Daniel M. Pope; Mayor Pro Tem Latrelle Joy; Council Member Juan A. Chadis; Council Member Karen Gibson; Council Member Jeff Griffith; 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: ` 1.1-1.4; Executive Session; 3.1-3.3; Citizen Comments(Sign-ups) 4.1; 5.1; 6.1-6.3; 6.5-6.14; 6.23-6.26; 6.4; 6.16; 6.15; 6.18; 6.20-6.22; 6.27; and 7.1-7.8. •Items 6.17 and 6,19 were deleted 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 Code Enforcement activities, applicable municipal code,applicable state statutes, and related matters. Jarrett Atkinson, City Manager, introduced this item. Stuart Walker, Director of Code Enforcement, gave a presentation and answered questions from City Council. Chad Weaver,City Attorney; and Amy Sims, Deputy City Attorney,gave comments and answered questions from City Council. 1.2. Hear and discuss a presentation regarding Lubbock Animal Services. George Torres, Director of Animal Services, gave a presentation and answered questions from City Council. Jarrett Atkinson, City Manager; Taren Perkins, Digital Content Creator; and Bill Regular City Council Meeting February 22,2018 Page 2 of I I Howerton,Assistant City Manager,gave comments and answered questions from City Council. Dr. Sasha Protopopova,with the Texas Tech University Department of Animal and Food Sciences, Director of Human-Animal Interaction Lab,presented a report with recommendations for the City of Lubbock Animal Shelter. 1.3. Hear and discuss a presentation of the Comprehensive Annual Financial Report(CAFR)by David Coleman with BKD. BIu Kostelich,Chief Financial Officer; Lauren Berry,with BKD;and David Coleman,with BKD, gave a presentation and answered questions from City Council. Jarrett Atkinson, City Manager,gave comments and answered questions from City Council. 1.4. 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. Mayor Daniel M. Pope briefed the City Council as to which consent agenda items would be pulled. 2. Executive Session The meeting recessed at 3:53 p.m. and reconvened in Executive Session under the provisions of Section 551,Texas Government Code.The meeting was called back into a public session at 5:18 p.m. 2. 1. Hold an executive session in accordance with Government Code 551.071 seeking the advice of its legal counsel about pending or contemplated litigation or settlement offers and hold a consultation with the attorney on a matter in which the duty of the attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with Chapter 551 of the Texas Government Code: (i)Application of the City of Lubbock through Lubbock Power& Light for Authority to Connect a Portion of its System with the Electric Reliability Council of Texas, Public Utility Commission Docket No. 47576. (ii)Texas Tech University Purchase Power Agreement Amendments 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. Brandon Station Lease and Red Raider Substation Lease 2.2. 2. City Hall 2.2. 3. Lots 4-16, Block 7,Original Town of Lubbock,Lubbock,Texas Regular City Council Meeting February 22,2018 Page 3 of 11 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. 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 Electric Utility Board. 2.5. Hold an executive session in accordance with Government Code 551.086 on the following competitive matters of Lubbock Power&Light. 2.5. 1. Discuss and deliberate proposals and strategies related to plans, studies,and analyses for system improvements, generation additions, or sales (other than transmission and distribution system improvements inside the service area for which LP&L is the sole certificated retail provider). 2.5. 2. Discuss and deliberate bidding and pricing information for purchased power, generation and fuel,purchased power agreements,and related services and strategies. 2.5. 3. Discuss and deliberate customer billing,contract,and usage information,electric power pricing information, system load characteristics,and electric power marketing analyses and strategies. 3. Proclamations and Presentations 3. 1. Invocation by Pastor Jeremy Cares, Shepherd of the Plains Lutheran Pastor Jeremy Cares, Shepherd of the Plains Lutheran, led the invocation. 3.2. Pledges of Allegiance Pledges of Allegiance were given by those in Council Chambers to the United States and Texas flags. The pledges were led by the South Plains Council of the Boy Scouts of America. 3.3. Presentation of a Special Recognition honoring the South Plains Council of the Boy Scouts of America Council Member Steve Massengale and Mayor Daniel M. Pope presented a special recognition honoring the South Plains Council of the Boy Scouts of America. Nathan Baie,Executive Director of the South Plains Boy Scouts of America; Matt Wade; Greg Taylor; and several Boy Scouts appeared to accept the recognition. Mr. Baie gave comments and thanked the Mayor and City Council. Regular City Council Meeting February 22,2018 Page 4 of It 4. Citizen Comments-According to 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, shallcomplete the sign-up form provided at the meeting, no later than 5:15 p.m. 4. 1. Sign-ups: •Kym H. Ruiz,Bob Freeman,Kat Livingston,Jaymie Pierce, Winn Sikes, Mitchell Leonard,Lorri Michel, Camelia Wierzba, and Roger Settler appeared before the City Council to speak in favor of shelter reform in regard to item 1.2(Lubbock Animal Services). 5. Minutes 5. 1. December 19, 2017 Special City Council Meeting-Electric Utility Board January 17, 2018 Special City Council Meeting-Public Utility Commission of Texas January 25, 2018 Regular City Council Meeting Motion by Mayor Pro Tem Latrelle Joy, seconded by Council Member Juan A. Chadis to approve the December 19, 2017 Special City Council Meeting(Electric Utility Board) minutes,the January 17, 2018 Special City Council Meeting(Public Utility Commission of Texas) minutes, and the January 25,2018 Regular City Council Meeting minutes. Vote: 7- 0 Motion carried 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 Jeff Griffith, seconded by Council Member Karen Gibson to approve items 6.1-6.3; 6.5-6.14;and 6.23-6.26. Vote: 7- 0 Motion carried 6. 1. Budget Amendment Ordinance 2nd Reading-Finance: Ordinance No. 2018-00026, Amendment 8,amending the FY 2017-18 Budget for Municipal Purposes respecting the Grant Fund to accept and appropriate funding from the Office of the Governor for the Rifle Resistant Body Armor Grant; providing for filing; and providing for a savings clause. 6.2. Budget Amendment Ordinance Ist Reading-Finance: Ordinance No. 2018-00031, Amendment 9,amending the FY 2017-18 Budget for Municipal purposes respecting the capital program to establish Capital Improvement Project(CIP) 92551 Public Safety Improvements, CTP 92552 Civic Center Expansion,and the Civic Center Fund. providing for filing; and providing for a savings clause. 6.3. Resolution -Finance: Resolution No. 2018-80078 authorizing the Mayor to execute Contract 13868 with West Texas Services dba Tom's Tree Place for landscape and irrigation maintenance and seasonal holiday lighting in the North Point Public Improvement District RFP 18-13868-KM. Regular City Council Meeting February 22,2018 Page 5 of 11 6.4. Resolution--Finance/Central Business District(CBD)Tax Increment Financing (TIF)Reinvestment Zone Board: Resolution No. 2018-80089 authorizing an amendment to and implementation of the Downtown Public Improvements Design Standards as recommended by the CBD TIS` Reinvestment Zone Board. Jarrett Atkinson, City Manager; and Steve O'Neal,Director of Development Services, gave comments and answered questions from City Council. Motion by Mayor Pro Tem Latrelle Joy, seconded by Council Member Karen Gibson to approve Resolution No. 2018-80089. Vote: 7- 0 Motion carried 6.5. Ordinance 2nd Reading—Right-of-Way: Ordinance No. 2018-00030 abandoning and closing a street stub located on the West Right-of-Way line of Globe Avenue at East 73rd Street,Lubbock County,Texas. 6.6. Ordinance 2nd Reading—Right-of-Way: Ordinance No.2018-00028 abandoning and closing a portion of a drainage easement located in Section 44,Block AK, West End North Subdivison,just east of Iola Avenue and north of 26th Street. 6.7. Ordinance 2nd Reading—Right-of-Way: Ordinance No.2018-00029 abandoning and closing a portion of a stormwater drainage and impoundment easement, located in Section 43,Block AK,just west of Quincy Avenue and north of 22nd Street. 6.8. Ordinance 1st Reading--Right-of-Way: Ordinance No. 2018-00032 abandoning and closing a portion of 5th Street located adjacent to Lot 20, Block 23,Original Town of Lubbock, Lubbock County,Texas, 502 Texas Avenue. 6.9. Resolution-Right-of-Way: Resolution No. 201.8-80079 authorizing the Mayor to execute a Street Use License with the United States Postal Service,to use a portion of a dedicated street for private underground steel encased low-voltage communication lines, located at 1515 Cricket Avenue. 6. 10. Resolution-Health Services: Resolution No. 2018-80080 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock,an Interlocal Cooperation Contract regarding Medicaid administrative activities and Medicaid administrative claiming, by and between the City of Lubbock and the Health and Human Services Commission(HHSC)of the State of Texas,and related documents. 6. 11. Resolution -Health Services: Resolution No.2018-R0081 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock, an interlocal Agreement for Services, Community Health Needs Assessment, for production of a Community Needs Assessment, by and between the City of Lubbock and the Texas Tech University Health Science Center, on behalf of its F. Marie Hall Institute for Rural and Community Health, and related documents. 6. 12. Resolution-Aviation: Resolution No.2018-110082 authorizing the Mayor to execute an Amendment to the N50SQ, LLC Lease Agreement with Lubbock Preston Smith International Airport, for additional land for parking. Regular City Council Meeting February 22,2018 Page 6 of 11 6. 13. Resolution -Aviation: Resolution No. 2018-80083 supporting modernization of the Passenger Facility Charge Program as part of the Federal Aviation Administration(FAA) Reauthorization Legislation. 6. 14. Resolution-Aviation: Resolution No.2018-80084 authorizing the Mayor to execute Amendment No. I to Contract 13410 with Lee Lewis Construction, Inc., for Construction Manager at Risk services on the Consolidated Rental Car Facility at Lubbock Preston Smith International Airport. 6. 15. Resolution -Community Development: Resolution No. 2018-R0491 authorizing the Mayor to execute an application confirming that the City of Lubbock is in support of the proposed 9%Housing Tax Credit(HTC)to be submitted to the Texas Department of Housing and Community Affairs (TDHCA), for the 3rd Street Lofts development which will be located at 301 Paris Avenue,Lubbock,Texas. Jarrett Atkinson, City Manager, gave comments and answered questions from City Council. Motion by Council Member Shelia Patterson Harris,seconded by Council Member Steve Massengale to approve Resolution No. 2018-8009 1. Vote: 7-0 Motion carried 6. 16. Resolution-Community Development: Resolution No. 2018-80090 authorizing the Mayor to execute an application confirming that the City of Lubbock is in support of the proposed 9%Housing Tax Credit(HTC)to be submitted to the Texas Department of Housing and Community Affairs(TDHCA)for the Guadalupe Villas development which will be located at the southwest comer of 3rd Street and Buddy Holly Avenue, Lubbock, Texas. Jarrett Atkinson, City Manager, gave comments and answered questions from City Council. Motion by Council Member Karen Gibson, seconded by Council Member Jeff Griffith to approve Resolution No. 2018-R0090. Vote: 5 -2 Motion carried NAY: Council Member Juan A. Chadis Council Member Shelia Patterson Harris 6. 17. Resolution-Community Development: Consider a resolution authorizing the Mayor to execute an application confirming that the City of Lubbock is in support of the proposed 9%Housing Tax Credit (HTC)to be submitted to the Texas Department of Housing and Community Affairs(TDHCA), for the Providence at Lakeridge development which will be located at 5 100 Block of 82nd Street, Lubbock,Texas. This item was deleted (withdrawn by the applicant). Regular City Council Meeting February 22,2018 Page 7 of 11 6. 18. Resolution -Community Development: Resolution No.2018-80092 authorizing the Mayor to execute an application confirming that the City of Lubbock is in support of the proposed 9%Housing Tax Credit(HTC)to be submitted to the Texas Department of Housing and Community Affairs(TDHCA)for the Providence Downtown development L which will be located at 1400 Block of 10th Street, Lubbock,Texas. Jarrett Atkinson,City Manager, gave comments and answered questions from City Council. Motion by Council Member Shelia Patterson Harris,seconded by Council Member Steve Massengale to approve Resolution No.2018-ROO92. Vote: 7-0 Motion carried 6. 19. Resolution-Community Development: Consider a resolution authorizing the Mayor to execute an application confirming that the City of Lubbock is in support of the proposed 9%Housing Tax Credit(HTC)to be submitted to the Texas Department of Housing and Community Affairs(TDHCA) for the Residences at Quaker development which will be located at Southeast Quadrant of 34th and Quaker Avenue, Lubbock,Texas. This item was deleted (withdrawn by the applicant). 6.20. Resolution-Community Development: Resolution No. 2018-80093 authorizing the Mayor to execute an application confirming that the City of Lubbock is in support of the proposed 9% Housing Tax Credit(HTC)to be submitted to the Texas Department of Housing and Community Affairs (TDHCA) for the Residences at Stone Gate development which will be located at 11000 Block of Indiana Avenue, Lubbock, Texas. Jarrett Atkinson, City Manager,gave comments and answered questions from City Council. Motion by Council Member Shelia Patterson Harris,seconded by Council Member Steve Massengale to approve Resolution No. 2018-ROO93. Vote: 7- 0 Motion carried 6.21. Resolution-Community Development: Resolution No.2018-ROO94 authorizing the Mayor to execute an application confirming that the City of Lubbock is in support of the proposed 9% Housing Tax Credit(HTC)to be submitted to the Texas Department of Housing and Community Affairs(TDHCA)for the Westwind of Lubbock development, which will be located at 8401 Avenue U,Lubbock,Texas. Jarrett Atkinson,City Manager, gave comments and answered questions from City Council. Motion by Council Member Shelia Patterson Harris,seconded by Council Member Steve Massengale to approve Resolution No. 2018-80094, Vote: 7- 0 Motion carried Regular City Council Meeting February 22,2818 Page 8 of 11 6.22. Resolution-Parks and Recreation: Resolution No. 2018-ROO95 renaming Canyon Rim Park to "The Carrillo Family Recreation Area", in order to honor and acknowledge Joe, Francisco,and Rufus Carillo's sustained contribution to the City of Lubbock. Jarrett Atkinson, City Manager; Bridget Faulkenberry, Director of Parks and Recreation; and Council Member Juan A. Chadis,gave comments and answered questions from City Council. Motion by Council Member Juan A. Chadis, seconded by Council Member Shelia Patterson Harris to approve Resolution No. 2018-110095. Vote: 7-0 Motion carried 6.23. Resolution-Fleet Services: Resolution No. 2018-ROO85 authorizing the Mayor to execute Purchase Order Contract 31037479 with Associated Supply Company(ASCO), for a 2018 Volvo EC350EL Tracked Excavator, for the Water Department. 6.24. Resolution-Lubbock Power and Light: Resolution No. 2018-ROO86 authorizing the Mayor of the City of Lubbock to execute the Brandon Station Lease, by and between the State of Texas,acting by and through Texas Tech University("TTU")and the City of Lubbock,acting by and through its City Council, leasing 1.12 acres of real property related to the Brandon Station generation facility and related electric transmission and distribution substation. 6.25. Resolution-Lubbock Power and Light: Resolution No. 2018-ROO87 authorizing the Mayor of the City of Lubbock to execute an Option to Lease, by and between the State of Texas,acting by and through Texas Tech University("TTU")and the City of Lubbock, acting by and through its City Council,providing an option to the City of Lubbock to(i) lease certain lands owned by TTU and (ii)be granted certain rights related to transmission and distribution infrastructure and access and drainage over and across certain lands owned by it,related to the planned Red Raider Substation. 6.26. Resolution-Lubbock Power and Light: Resolution No. 2018-ROO88 authorizing the Mayor of the City of Lubbock to execute that certain First Amendment to Power Purchase Agreement, by and between the Texas Tech University System, acting by and through its Board of Regents ("TTU") and the City of Lubbock, acting by and through its City Council, amending that certain Power Purchase Agreement, by and between TTU and the City, dated April 28,2005,providing for the sale by the City, through its municipally owned electric utility ("LP&L") and purchase by TTU, of power, as more particular described therein. 6.27. Resolution—City Manager: Resolution No.2018-ROO96 authorizing the Mayor to execute a contract with the Texas Department of Transportation (TXDot)regarding a temporary closure of Texas State Highway Loop 289 during the Mayor's Marathon. Jarrett Atkinson, City Manager, introduced this item. Jay Parchman, Director of Emergency Management;and Rob Keinast, Deputy Fire Chief, gave comments and answered questions from City Council. Regular City Council Meeting February 22,2018 Page 9 of 11 Motion by Mayor Pro Tem Latrelle Joy, seconded by Council Member Karen Gibson to approve Resolution No.2018-110096. Vote: 7- 0 Motion carried 7. Regular Agenda 7. 1. Public Hearing 5:15 p.m.—Planning: Ordinance No. 2018-00033,for Zone Case 1277-D,a request of Chandra Shrestha, for Everest Liquor's, for a zoning change from Restricted Local Retail (C-2A)to General Retail (C•3)on Lots 17 through 21, Block 10, Westhaven Addition, 3314 4th Street. Jarrett Atkinson, City Manager;and Kristen Sager, Planning and Zoning Manager,gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 6:48 p.m. No one appeared to speak in favor or opposition. Mayor Pope closed the public hearing at 6:51 p.m. Motion by Council Member Karen Gibson, seconded by Council Member Shelia Patterson Harris to approve Ordinance No.2018-00033. Vote: 7 - 0 Motion carried 7.2. Public Hearing 5:15 p.m.—Planning: Ordinance No. 2018-00034, for Zone Case 1429»J, a request of David Gretchen, for a zoning change from Commercial (C-4)with conditions to C-4,on Tract 1, South University Addition, 2323 66th Street. Jarrett Atkinson,City Manager;and Kristen Sager, Planning and Zoning Manager,gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 6:48 p.m. No one appeared to speak in favor or opposition. Mayor Pope closed the public hearing at 6:51 p.m. Motion by Council Member Karen Gibson, seconded by Council Member Shelia Patterson Harris to approve Ordinance No. 2018.00034. Vote: 7- 0 Motion carried 7.3. Public Hearing 5:15 p.m.—Planning: Ordinance No. 2018-00035, for Zone Case 3032-A,a request of Trey Strong, for a zoning change from Single-Family(R-1) Specific Use to R-1 Specific Use on Lots 1 through 79, Wilshire Estates Addition, north of Erskine Street and east of Milwaukee Avenue. Jarrett Atkinson, City Manager;and Kristen Sager, Planning and Zoning Manager, gave comments and answered questions from City Council. Regular City Council Meeting February 22,2018 Page 10 of 11 Mayor Pope opened the public hearing at 6:48 p.m. No one appeared to speak in favor or opposition. Mayor Pope closed the public hearing at 6-51 p.m. Motion by Council Member Karen Gibson, seconded by Council Member Shelia Patterson Harris to approve Ordinance No.2018-00035. Vote: 7-0 Motion carried 7.4. Public Hearing 5:15 p.m.—Planning: Ordinance No. 2018-00036, for Zone Case 3325-A, a request of Burl Masters,for Thomas Payne, for a zoning change from High-Density Apartment(A-2)to Apartment-Medical (AM), Garden Office (GO), and Two-Family Residential (R-2), on 34.9 acres of unplatted land out of Block E-2, Section 16, north of I 14th Street and east of Slide Road. Jarrett Atkinson, City Manager; and Kristen Sager, Planning and Zoning Manager,gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 6:48 p.m. No one appeared to speak in opposition. Bill Bates appeared to speak in favor. Mayor Pope closed the public hearing at 6:51 p.m. Motion by Council Member Karen Gibson, seconded by Council Member Shelia Patterson Harris to approve Ordinance No.2018-00036. Vote: 7-0 Motion carried 7.5. Public Hearing 5:15 p.m.—Planning: Ordinance No. 2018-00037, for Zone Case 3338, a request of Tyler Gentry, for Brad Birdsong,for a zoning change from Transition (T)to Commercial (C-4)on Tracts D and E, Huffines Business Park Addition, 5531 and 5601 130th Street. Jarrett Atkinson, City Manager; and Kristen Sager,Planning and Zoning Manager, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 6:48 p.m. No one appeared to speak in favor or opposition. Mayor Pope closed the public hearing at 6:51 p.m. Motion by Council Member Karen Gibson, seconded by Council Member Shelia Patterson Harris to approve Ordinance No.2018-00037. Regular City Council Meeting February 22,2018 Page I I of I I Vote: 7 - 0 Motion carried 7. 6. Resolution -Finance: Resolution No. 2018-R0097 accepting the City of Lubbock Comprehensive Annual Financial Report(CAFR) for fiscal year ended September 30, 2017. Jarrett Atkinson, City Manager, introduced this item. Btu Kostelich, Chief Financial Officer; Lauren Berry, with BKD; and David Coleman, with BKD, gave a presentation and answered questions Crom City Council. Motion by Council Member Steve Massengale, seconded by Council Member Karen Gibson to approve Resolution No. 2018-R0097. Vote: 7- 0 Motion carried 7. 7. Board Appointments - City Secretary: Declare three appointments by the Mayor to the Lubbock Housing Authority Board of Commissioners: Aida Martinez, Jennifer Hancock, and Dorinda Adams. Council Member Steve Massengale, read into the record, the declaration of three appointments by the Mayor to the Lubbock Housing Authority Board of Corrim iss i oilers: Aida Martinez, Jennifer Hancock, and Dorinda Adams. 7. 8. Board Appointment- City Secretary: Consider one appointment to the Electric Utility Board. Motion by Council Member Karen Gibson, seconded by Council Member Steve Massengale to appoint Kevin McMahon to the Electric Utility Board. Vote: 7- 0 Motion carried 7:16 P.M. CITY COUNCIL ADJOURNED There being no further business to come before Council, Mayor Pope adjourned the meeting. The February 22, 2018 Regular City Council Meeting minutes were approved by the City Council on the 22nd day of March, 2018. DANIEL M. POPE, MXYOR EST: (Do Re t a Garza, City Seer try