HomeMy WebLinkAboutMinutes - City Council - Regular - 6/28/2018 CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
June 28, 2018
1:30 P. M.
The City Council of the City of Lubbock,Texas met in regular session on the 28th of June,2018, in City
Council Committee Room 103,City Hall, 1625 13th Street, Lubbock,Texas at 1:30 p.m.
1:33 P.M. CITY COUNCIL CONVENED
City Council Committee Room 103,City Hall, 1625 13th Street,Lubbock,Texas
Present: Mayor Daniel M. Pope; Mayor Pro Tern 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; First Assistant City Attorney Mitch
Satterwhite
Note: City Council addressed agenda items in the following order:
. 1.1-1.4;Execulive&ssion; 3,1-3,2; Citizen Comments,- 5.1,- 6.2-6.4,, 6.11; 613; 6,19-6.16,- 3,3,-
6 1; 6.5-6.6; 6.12,, 6.7-6.10,, 6.14,, 7.11,, 7.1-7.10,• and 7.12.
*Item 7.3 failed.
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. Municipal Auditorium& Coliseum Abandonment and the Next Steps
Jarrett Atkinson, City Manager; and Brooke Witcher, Managing Director of Cultural Facilities &
Special Events, gave comments and answered questions from City Council.
1.2. Pump Station 16 Preload Tank of the Year Recognition
Jarrett Atkinson, City Manager, introduced this item.
Mike Keenum, Division Director of Engineering/City Engineer, gave comments and answered
questions from City Council.
Will Cooksey will Preload, LLC, gave a presentation and answered questions from City Council.
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June 28,2018 Page 2 of It
1.3. Water System Capital Improvement Strategies
Mike Keenum, Division Director of Engineering/City Engineer, gave a presentation and
answered questions from City Council.
Jarrett Atkinson, City Manager;John Turpin, Assistant City Engineer;and Mike Lowe, Water
Superintendent, 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 2:38 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 5:20 p.m.
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. 2. Cause No. 2017-525,557—City of Lubbock,Texas v. Franklynn Enterprises, G.P.,et. a].
2. 1. 3. Omega Flex v. City of Lubbock 5:18-CV-00084-C
2. 1. 4. Chapter 40 of the Lubbock City Code
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. Lots 1-3, Block 2, Memorial Center Addition
2.3. 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 Canadian
River Municipal Water Authority and the Central Business District Tax Increment Financing
Reinvestment Zone.
2.4. Hold an executive session in accordance with Texas Government Code Section 551.076 to
discuss or deliberate the deployment, or specific occasions for implementation, of security
personnel or devices;or a security audit.
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June 28,2018 Page 3 of H
2. 5. Hold an executive session in accordance with Texas Government Code, Section 551.087, to
discuss or deliberate regarding commercial or financial information that the governmental body
has received from a business prospect that the governmental body seeks to have locate, stay,or
expand in or near the territory of the governmental body and with which the governmental body
is conducting economic development negotiations; and to deliberate the offer of a financial or
other incentive to a business prospect described herein above.
2.5. 1. Report by the Lubbock Economic Development Alliance
3. Proclamations and Presentations
3. 1. Invocation by Pastor Barry Stephens, Monterey Church of Christ
Pastor Barry Stephens,Monterey Church of Christ, 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.
3.3. Presentation of a Special Recognition in celebration of the 4th on Broadway Festival
Mayor Dan Pope presented a special recognition in celebration of the 4th on Broadway Festival.
Don Caldwell, Broadway Festival, Inc. Board President; Colee Orf, Executive Director of
Broadway Festival, Inc.; Bart Reagor, CEO of Reagor Dykes Auto Group and sponsor of
Broadway Festival Fireworks Extravaganza; and several other Broadway Festival, Inc.
employees and event sponsor representatives appeared to accept the recognition. Mr. Caldwell,
Ms. Orf, and Mr. Reagor gave comments and thanked the Mayor and City Council.
4. Citizen Comments-According to Lubbock City Council Rules, any citizen wishing to
appear before a regular meeting of the City Council, regarding any item posted on the
City Council Agenda,shall complete the sign-up form provided at the meeting, no later
than 5:15 p.m.
No one appeared to speak.
5. Minutes
5. 1. May 24,2018 Regular City Council Meeting
Motion by Council Member Latrelle Joy, seconded by Council Member Juan A. Chadis to
approve the May 24, 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 Shelia Patterson Harris, seconded by Mayor Pro Tem Jeff Griffith
to approve items 6.2-6.4; 6.11; 6.13; and 6.15-6.16.
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June 28,2018 Page 4 of 11
Vote: 7- 0 Motion carried
6. 1. Budget Amendment Ordinance 2nd Reading-Finance: Ordinance No. 2018-00068,
Amendment 17,amending the FY 2017-18 Budget for municipal purposes respecting the
Operating Budget and the Capital Program to Amend Central Business District(CBD)TIF ' f
Operating Budget; Establish Capital Improvement Project(CIP) 8631, Civic Center Convention
Hotel Project; Amend Capital Improvement Project(CIP) 92227, Underground Utilities; Amend
CIP 92399, Gateways; providing for riling;and providing for a savings clause.
Jarrett Atkinson,City Manager, gave comments and answered questions from City Council.
Motion by Council Member Latrelle Joy, seconded by Council Member Juan A. Chadis to
approve Ordinance No.2018-00068.
Vote: 6- I Motion carried
NAY.- Mayor Pro Tcm JeffGriffith
6.2. Budget Amendment Ordinance 2nd Reading-Finance: Ordinance No, 2018-00067,
Amendment 18, amending the FY 2017-18 Budget for municipal purposes respecting the Grant
Fund to accept and appropriate funding from Texas Department of State Health Services
(TDSHS) for the Public Health Emergency Preparedness(PHEP) Grant; providing for filing;
and providing for a savings clause.
6.2. 1. Resolution- Public Health Services: Resolution No. 2018-RO196 authorizing and directing
the Mayor to execute for and on behalf of the RCity of Lubbock,the Public Health Emergency
Preparedness(PHEP)Cooperative Agreement, Contract No. 537-18-0127-00001,Amendment
No. 1, and any associated documents with the State of Texas acting by and through its
Department of State Health Services(DSHS).
6.3. Budget Amendment Ordinance 1st Reading-Finance: Ordinance No. 2018-00071,
Amendment 19,amending the FY 2017-18 Budget for municipal purposes respecting the grant
fund to accept and appropriate funding from the Texas Department of State Health Services
(TDSHS)for the Health Immunization Grant;to accept and appropriate funding from the Texas
Department of Transportation for the Section 5307 State Grant; providing for filing; and
providing for a savings clause.
6.4. Resolution - Right-of-Way: Resolution No.2018-RO197 authorizing the Mayor to reject all
bids for ITB 18-13970-KW, for the sale of multiple lots - Phyllis Wheatley Addition, Lubbock
County, Texas.
6. 5. Resolution—Engineering: Resolution No. 2018-80202 authorizing the Mayor to execute
Amendment I for Contract 11816,with Carol lo Engineers, Inc., for a six-month time extension
for the Southeast Water Reclamation Plant(SEWRP) Solids Handling Improvements Project.
John Turpin, Assistant City Engineer;and Jarrett Atkinson, City Manager,gave comments and
answered questions from City Council.
Motion by Mayor Pro Tem Jeff Griffith, seconded by Council Member Steve Massengale to
approve Resolution No. 2018-80202.
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Vote: 7-0 Motion carried
6.6. Resolution— Engineering: Resolution No. 2018-80203 authorizing the Mayor to execute
Contract 14067 with Freese and Nichols, Inc., for providing professional services for the
Southeast Water Reclamation Project Transformer Rehabilitation Capital Improvements Project.
John Turpin, Assistant City Engineer; and Jarrett Atkinson, City Manager, gave comments and
answered questions from City Council.
Motion by Mayor Pro Tem Jeff Griffith, seconded by Council Member Steve Massengale to
approve Resolution No. 2018-110203.
Vote: 7-0 Motion carried
6.7. Resolution—Engineering: Resolution No. 2018-80205 authorizing the Mayor to execute
Professional Services Contract 13182 with Hugo Reed and Associates, Inc. (HRA), for a
Lowhead C Supply Line Design Survey.
Mike Keenum,Division Director of Engineering/City Engineer; and Jarrett Atkinson,City
Manager, gave comments and answered questions from City Council.
Motion by Council Member Shelia Patterson Harris, seconded by Council Member Latrelle Joy
to approve Resolution No.2018-R0205.
Vote: 7 -0 Motion carried
L 1 6.8. Resolution—Engineering: Resolution No. 2018-RO206 authorizing the Mayor to execute
Professional Services Contract 13900 with Freese and Nichols, Inc. (FNI), for the design of
Elevated Storage Tank Design and Pressure Zone Delineation.
Mike Keenum, Division Director of Engineering/City Engineer; and Jarrett Atkinson, City
Manager,gave comments and answered questions from City Council.
Motion by Council Member Shelia Patterson Harris,seconded by Council Member Latrelle Joy
to approve Resolution No. 2018-R0206.
Vote: 7 -0 Motion carried
6.9. Resolution-Engineering: Resolution No. 2018-80207 authorizing the Mayor to execute
Professional Services Contract 14121,with Freese and Nichols, Inc. (FN 1), for the Demolition of
Pump Station No.7, Lowhead B Pump Station, the Reese Pipeline, piping modifications and
associated services.
Mike Keenum, Division Director of Engineering/City Engineer;and Jarrett Atkinson, City
Manager,gave comments and answered questions from City Council.
Motion by Council Member Shelia Patterson Harris,seconded by Council Member Latrelle Joy
to approve Resolution No. 2018-110207.
Vote: 7-0 Motion carried
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6. 10. Ordinance 1st Reading- Public Works Traffic Operations: Ordinance No. 2018-00072
amending Section 20.05.103 of the Code of Ordinances of the City of Lubbock, with regard to
the establishment of school zones.
Jarrett Atkinson, City Manager; and Sharmon Owens, City Traffic Engineer, gave comments and
answered questions from City Council.
Motion by Council Member Shelia Patterson Harris, seconded by Council Member Steve
Massengale to approve Ordinance No. 2018-00072.
Vote: 7- 0 Motion carried
6. 11. Resolution- Facilities: Resolution No. 2018-R0198 authorizing the Mayor to execute Contract
No. 13951, an agreement with MWM Architects, Inc., for professional architectural and
engineering services for the construction of three new Police Substations,at various locations
throughout the City.
6. 12. Resolution- Facilities: Resolution No. 2018-RO204 authorizing the Mayor to execute Contract
14057 with Lydick-Hooks Roofing Company, Inc., for roof replacement at the Southeast Water
Reclamation Plant's Digester#6 Sludge Pumping Station located at 3603 Guava Avenue.
John Turpin, Assistant City Engineer; and Jarrett Atkinson, City Manager, gave comments and
answered questions from City Council.
Motion by Mayor Pro Tern Jeff Griffith, seconded by Council Member Steve Massengale to
approve Resolution No. 2018-110204,
Vote: 7- 0 Motion carried
6. 13. Resolution - Facilities: Resolution No. 2018-RO 199 authorizing the Mayor to execute Contract
14059 with Tecta America CS LLC, for roof replacement at the Maxey Community Center
located at 4020 30th Street.
6. 14. Resolution-Facilities: Resolution No. 2018-RO208 authorizing the Mayor to execute Contract
14058 with Lydick-Hooks Roofing Company, for roof replacement at the Maggie Trejo
Supercenter located at 3200 Amherst Street.
Jarrett Atkinson, City Manager; and Wes Everett, Director of racilities Management,
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. 2018-110208.
Vote: 7-0 Motion carried
6. 15. Resolution-Facilities: Resolution No. 2018-RO200 authorizing the Mayor to execute Contract
14027 with Johnson General Contractors Group, for the supply and installation of a
Pre-Engineered Metal Building at the Caliche Canyon Landfill located at 8425 North Avenue P.
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6. 16. Resolution - City Manager: Resolution No. 2018-R0201 concerning the abandonment of the
Lubbock Municipal Auditorium-Coliseum, authorizing the negotiated termination of existing
agreements between the City of Lubbock and Texas Tech University concerning the Lubbock
Municipal Auditorium-Coliseum, and authorizing the Mayor to execute any instruments
necessary to effectuate the same.
7. Regular Agenda
7. 1. Public Hearing 5:15 p.m.—Planning: Ordinance No. 2018-00074, for Zone Case 1858-A, a
request of Charles Bolton (for Bolton Oil Co., Ltd.) for a zoning change from Restricted Local
Retail District(C-2A)to General Retail District(C-3)on Lots 111 and 112, Gordon Heights
Addition,4416 50th Street.
Kristen Sager, Planning and Zoning Manager,gave comments and answered questions from City
Council.
Mayor Pope opened the public hearing at 7:03 p.m.
No one appeared to speak in opposition.
Billie Curry, owner of KB Smokes; Charles Bolton, proponent; and Kris Pope, Lead
Performance Tech with Pope Automotive,appeared to speak in favor.
Mayor Pope closed the public hearing at 7:06 p.m.
Motion by Mayor Pro Tem Jeff Griffith, seconded by Council Member Steve Massengale to
approve Ordinance No. 2018-00074.
Vote: 7-0 Motion carried
7.2. Public Hearing 5:15 p.m.—Planning: Ordinance No. 2018-00075, for Zone Case 2846-A,a
request of Wendy Jones, for Word Aflame Church for a zoning change from High-Density
Apartment District(A-2)to General Retail District(C-3)on Lot 1, Word Aflame Church
Addition, 8208 Quincy Avenue.
Kristen Sager, Planning and Zoning Manager, gave comments and answered questions from City
Council.
Mayor Pope opened the public hearing at 7:17 pm.
No one appeared to speak in opposition.
Wendy Jones, proponent, appeared to speak in favor.
Mayor Pope closed the public hearing at 7:18 p.m.
Motion by Council Member Juan A. Chadis, seconded by Mayor Pro Tern Jeff Griffith to
approve Ordinance No. 2018-00075.
Vote: 7-0 Motion carried
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7.3. Public Hearing 5:15 p.m.—Planning: Consider a request for Zone Case 3145-F,a request of
Dan Williams with Hub City Investment Group, for Andrea and Raymond Auld with Auld
Brewing Co., for a zoning change from Central Business, Broadway/I 3th/Main (CB-2)to
Central Business, Broadway/13th/Main (CB-2) Specific Use, for a brewpub with packaging for
distribution, on Lot 3, Block 138, Original Town Lubbock, 515 Broadway,and consider an
ordinance.
This item failed.
Kristen Sager, Planning and Zoning Manager, gave comments and answered questions from City
Council.
Mayor Pope opened the public hearing at 7:18 p.m.
Linda Hogan, owner of the building where Koetter Fire Protection of Lubbock is located; John
Shurbet, nearby homeowner, and Steve Hester, owner of Caprock Business Forms,appeared to
speak in opposition.
Dan Williams, proponent; and Andrea Auld,proponent, appeared to speak in favor.
Mayor Pope closed the public hearing at 7:36 pm.
Motion by Mayor Pro Tern Jeff Griffith,seconded by Council Member Steve Massengale to
approve this item.
Vote: 5 -2 Failed
NAY: Council Member Juan A. Chadis
Council Member Shelia Patterson Harris
7.4. Public Hearing 5:15 p.m.—Planning: Ordinance No. 2018-00076, for Zone Case 3350,a
request of David Fleming, for Medical Gardens, LLC, for a zoning change from
Apartment-Medical (AM), to Apartment-Medical(AM) Specific Use, for a hotel, on Lots 2
through 5 and the west 10.75 feet of Lot 1, Block 1,J.H. Webb Addition, 3821 22nd Street.
Kristen Sager, Planning and Zoning Manager;and Rebecca Garza, City Secretary, gave
comments and answered questions from City Council.
Mayor Pope opened the public hearing at 8:15 p.m.
No one appeared to speak in opposition.
David Fleming, proponent, appeared to speak in favor.
Mayor Pope closed the public hearing at 8:16 p.m.
Motion by Mayor Pro Tem Jeff Griffith,seconded by Council Member Shelia Patterson Harris
to approve Ordinance No. 2018-00076.
Vote: 7 -0 Motion carried
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7.5. Public Hearing 5:15 p.m.—Planning: Ordinance No. 2018-00077, for Zone Case 3351, a
request of Burl Masters, for Dr. Rustam Mehdiabadi, for a zoning change from Transition
District(1)to Local Retail District(C-2)on 8 acres of unplatted land out of Block E-2, Section
21, 3201 114th Street.
Kristen Sager, Planning and Zoning Manager, gave comments and answered questions from City
Council.
Mayor Pope opened the public hearing at 8:19 p.m.
No one appeared to speak in opposition.
Burl Masters, proponent, appeared to speak in favor.
Mayor Pope closed the public hearing at 8:21 p.m,
Motion by Council Member Steve Massengale, seconded by Mayor Pro Tern Jeff Griffith to
approve Ordinance No. 2018-00077.
Vote: 7-0 Motion carried
7. 6. Public Hearing 5:15 p.m.—Planning: Ordinance No. 2018-00078, for Zone Case 3352, a
request of AMD Engineering, LLC, for GRACO Real Estate Development,Inc., for a zoning
change from Transition District(T)to General Retail District(C-3)on 28.75 acres of unplatted
land out of Block E-2, Section 22,4310 122nd Street.
Kristen Sager,Planning and Zoning Manager, gave comments and answered questions from City
Council.
Mayor Pope opened the public hearing at 8:21 p.m.
No one appeared to speak in opposition.
Gary Andrews,proponent, appeared to speak in favor.
Mayor Pope closed the public hearing at 8:25 p.m.
Motion by Council Member Steve Massengale, seconded by Mayor Pro Tern Jeff Griffith to
approve Ordinance No. 2018-00078.
Vote: 7 -0 Motion carried
7.7. Public Hearing 5:30 p.m.-Finance: Hold a public hearing for the City Council to consider
the 2018 assessment rate for the Bell Farms Public Improvement District(PID), generally
bounded by 130th Street on the north, 146th Street on the south, University Avenue on the west,
and Avenue P on the east.
Public Hearing Only.
Jarrett Atkinson, City Manager,gave comments and answered questions from City Council.
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June 28,2018 Page 10 of 11
Danielle Whitfill, Senior Financial Analyst, gave a presentation and answered questions from
City Council.
Mayor Pope opened the public hearing at 8:32 p.m.
No one appeared to speak in opposition.
Chris Berry, proponent, appeared to speak in favor.
Mayor Pope closed the public hearing at 8:34 p.m.
7.8. Ordinance 1st Reading-Finance: Ordinance No. 2018-00079 reviewing classifications for
the methods of assessing special benefits for the services and improvements of property in the
Bell Farms Public Improvement District; approving, adopting,and riling with the City Secretary
the Assessment Roll; closing the hearing and levying assessments based on the Service Plan for
the cost of certain services and/or improvements to be provided in the District during FY 2018-19.
Chris Berry, proponent, gave comments and answered questions from City Council.
Motion by Council Member Steve Massengale, seconded by Council Member Juan A. Chadis to
approve Ordinance No. 2018-00079.
Vote: 7- 0 Motion carried
7.9. Ordinance 2nd Reading—Planning: Ordinance No. 2018-00070, for Zone Case 3334-A, a
request of Davie Crockett-Lane, for a zoning change from Single Family (R-1) to Single Family
(R-I) Specific Use, for garden homes, on 1.41 acres of land out of Block B, Section 16, 3407,
3410, 3411,3412,and 3414 47th Street.
Jarrett Atkinson, City Manager; and Kristen Sager, Planning and Zoning Manager, gave
comments and answered questions from City Council.
Motion by Mayor Pro Tern Jeff Griffith, seconded by Council Member Steve Massengale to
approve Ordinance No. 2018-00070.
Vote: 7-0 Motion carried
7. 10. Ordinance 2nd Reading—Planning: Ordinance No. 2018-00069, for Zone Case 2069-D, a
request of George Castillo for a zoning change from General Retail (C-3),to Two-Family (R-2),
on the west 198.25 feet of Lot 1, Block 1,Putty Ross Addition, 207 36th Street.
Jarrett Atkinson, City Manager; and Kristen Sager, Planning and Zoning Manager, gave
comments and answered questions from City Council.
Motion by Council Member Shelia Patterson Harris, seconded by Council Member Juan A.
Chadis to approve Ordinance No.2018-00069.
Vote: 7-0 Motion carried
Regular City Council Mcethig
June 28,2018 Page 11 ot'll
7. It. Ordinance - LP&L: Ordinance No. 2018-00073 providing for the issuance ofCity of
Lubbock, Texas, Electric Light & Flower System Revenue Bonds, Series 2018; providing for the
award of the sale thereof in accordance with specified parameters; approving the official
statement; approving Mention of purchase contract; and enacting other provisions relating
thereto.
Jarrett Atkinson, City Manager; and Jerry Kyle, Bond Counsel., gave comments and answered
questions from City Council.
Andy BUrcharn, Assistant Director of Electric Utilities; and Matt Boles, Financial Advisor with
RBC Capital Markets, gave a presentation and answered questions from City Council.
Motion by Mayor Pro Tern Jefl'Griffith, seconded by Council Member Latrelle Joy to approve
Ordinance No. 2018-00073,
Vote: 7 - 0 Motion carried
7. 12. Board Appointments - City Secretary: Consider appointments to the Central Business District
Tax Increment Financing Reinvestment Zone Board and the Veterans Advisory Committee.
Central Business District Tax Increment Financing Reinvestment Zone Board: Motion by
Mayor Pro Tern Jefl'Griffith, seconded by Council Member Latrelle Joy to appoint Brett
McDowell to replace Henry Patel.
Vote: 7 - 0 Motion carried
Veterans Advisory Committee: Motion by Council Member Steve Massengale, seconded by
Council Member Shelia Patterson Flarris to postpone these appointments to the July 26, 2018
Regular City Council Meeting.
Vote: 7 - 0 Motion carried
8:40 P.M. CITY COUNCIL ADJOtJRNED
There being no Further business to come before Council, Mayor Pope adJoumed the
meeting.
I
The June 28, 2018 Regular City Council Meeting Minutes were approved by the City Council on the 26th day
of July, 2018.
DANIEL M. POPE, MAYOR
ATTFT:
R Secretary
Rebecca aria. City Seei taiU