HomeMy WebLinkAboutMinutes - City Council - Regular - 9/27/2018 CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
September 27, 2018
2:00 P.M.
The City Council of the City of Lubbock,Texas met in regular session on the 27th of September,2018,
in City Council Committee Room 103,City Hall, 162513th Street,Lubbock,Texas at 2.00 p.m.
2:04 P.M. CITY COUNCIL CONVENED
City Council Committee Room 103,City Hall, 162513th Street, Lubbock,Texas
Present: Mayor Daniel M. Pope; Mayor Pro Tem Jeff Griffith; Council Member Juan A. Chadis;
Council Member Randy Christian; Council Member Latrelle Joy; Council Member Steve
Massengale; Council Member Shelia Patterson Harris; City Manager W. Jarrett
Atkinson; City Secretary Rebecca Garza; City Attorney Chad Weaver
Note: Council Member Juan A. Chadis arrived for regular Session and lett at 7:39 p.m.
Note: City Council addressed agenda items in the following order:
• 1.1-1.2; Executive Session; 3.3-3.4; 3.1-3.2; Citizen Comments (Sign-ups) 4.1; 5.1; 6.1-6.38;
7.1; 7.7-7.11; 7.4-7.6; 7.2-7.3; 7.5-7.6(reconsidered);and 7.12-7.13.
•Items 7.1; and 7.7-7.1Ofailed.
•Item 7.4 was postponed to the October 25, 2018 Regular City Council Meeting.
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 the Lubbock Memorial Civic Center, including future
convention opportunities and potential facilities improvements,and give guidance to staff as
appropriate.
Jarrett Atkinson, City Manager; Scott Snider, Assistant City Manager; and Amy Zientek, with
Visit Lubbock,gave comments and answered questions from City Council.
Brooke Witcher, Managing Director of Cultural Facilities& Special Events;and Lisa Thomason,
Civic Center Director, gave a presentation and answered questions from City Council.
Regular City Council Meeting
September 27,2018 Page 2 of 16
1.2. 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.
No items were discussed.
2. Executive Session
The meeting recessed at 2:50 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. 1. Choice Dynamic Media, L.P. v. City of Lubbock, el. al., Cause No. 2018530988, pending in
the 991h Judicial District Court, Lubbock County, Texas
2. 1. 2. Chapter 40 of the Lubbock City Code
2. 1. 3. Texas Attorney General Opinion No. OR2018-22191
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. City Hall Building and Parking
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 Planning and
Zoning Commission.
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September 27,2018 Page 3 of 16
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
Ll is conducting economic development negotiations; and to deliberate the offer of a financial or
other incentive to a business prospect described herein above.
3. Proclamations and Presentations
3. 1. Presentation of a Special Recognition in appreciation of the 2018 Junior Ambassador Delegates
Council Member Shelia Patterson Harris and Mayor Daniel M. Pope presented a special
recognition recognizing Lubbock's 2018 Junior Ambassador Delegation. Addison Northcutt,
Amaya Salter,Anna Martens,Anthony Lucero,Avery Wisniewski, Daniel Romero, Isabella
Cruz, Isabella Johnson,John Lucero, Kaitlin Waldmann, Louie Alartoufl, Maggie Reed,Mary
Behnke,Natalie Reyna, Sam Cribbs,and Tatyana De La Cruz appeared to accept their
recognitions. Mark Yearwood,Alyssa Frausto, Wood Franklin, staff representatives; and Misty
Franklin,chaperone,were present as well.
3.2. Board Recognitions: Presented by Council Member Steve Massengale.
Airport Board
Howard Thrash(unable to appear)
David Zwiacher
3.3. Invocation by Pastor Wesley Bygel, Lubbock Baptist Temple
Pastor Wesley Bygcl, Lubbock Baptist Temple, led the invocation.
3.4. Pledges of Allegiance
Pledges of Allegiance were given by those in Council Chambers to the United States and Texas
flags.
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.
4. 1. Sign-ups:
•Gordon Harris appeared before the City Council to speak in opposition of item 7.1 (Zone
Case 1594-13).
•Gwen B. Reyna,with Junior Ambassadors,appeared before the City Council to speak in
favor of item 3.1 (2018 Junior Ambassador).
*Ty Jones appeared before the City Council to speak in favor of items 7.7 (Zone Case
2627-1), 7.8 (Zone Case 2803-A), 7.9(Zone Case 2255-5), and 7.10 (Zone Case 2807-D).
•Vicky Keller appeared before the City Council to speak in favor of item 7.11 (Permitting
Variances to Allow Dogs in Outdoor Dining Areas).
a Joe Deshotel, with Lime,appeared before the City Council to speak in favor of item 7.12
(Bicycle and Scooter Sharing).
Regular City Council Meeting
September 27,2018 Page 4 of 16
5. Minutes
5. 1. August 17, 2018 Special City Council Meeting-98th Street Ribbon Cutting
August 23, 2018 Regular City Council Meeting
August 30, 2018 Special City Council Meeting
Motion by Council Member Juan A. Chadis, seconded by Mayor Pro Tcrn Jeff Griffith to
approve the August 17, 2018 Special City Council Meeting(98th Street Ribbon Cutting)minutes.
the August 23, 2018 Regular City Council Meeting minutes,and the August 30,2018 Special
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 Council Member Latrelle Joy
to approve items 6.1-6.38.
Vote: 7 -0 Motion carried
6. 1. Budget Amendment Ordinance 2nd Reading-Finance: Ordinance No. 20 18-00111,
Amendment 25, amending the FY 2017-18 Budget for municipal purposes respecting the Grant
Fund to accept and appropriate funding from the Kresge Foundation for the Emergency Leaders
in Public Health Grant;providing for filing; and providing for a savings clause.
6.2. Budget Amendment Ordinance 2nd Reading-Finance: Ordinance No. 2018-00112,
Amendment 26, amending the FY 2017-18 Budget for municipal purposes respecting the Capital
Program to establish Capital Improvement Project(CIP)92564 Cooke Station Gas Turbine 03
(GT-3) Repairs; Amend the Electric Operating Fund by increasing rentals and recoveries revenue
and increasing the appropriation for transfer to CIP; Amend LP&L Cooke Station and decrease
appropriation;Amend LP&L Massengale Station and decrease appropriation,providing for filing;
and providing for a savings clause.
6.3. Budget Amendment Ordinance 2nd Reading-Finance: Ordinance No. 2018-00113,
Amendment 27,an ordinance amending the FY 2017-18 Budget for municipal purposes
respecting the Grant Fund to accept and appropriate additional funding from the Federal Transit
Administration(FTA) for the section 5307 Grant; providing for filing;and providing for a
savings clause.
6.4. Ordinance 2nd Reading - Finance: Ordinance No. 2018-00114,the eleventh Supplemental
Ordinance updating the Vintage Township Public Improvement District(PID) Service and
Assessment Plan and Assessment Roll.
6.5. Ordinance 2nd Reading - Planning: Ordinance No. 2018-00115, extending, for one hundred
eighty days,the moratorium established by Ordinance No. 2018-00048,on accepting,
processing,or acting upon certain applications for any permits for the construction or
modification of any "Billboard" as defined by Section 40.01.003(23)of the City of Lubbock Code
of Ordinances.
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September 27,2018 Page 5 of 16
6. 6. Ordinance 1st Reading-Right-of-Way: Ordinance No. 2018-00118 abandoning and closing a
portion of the 47th Street right-of-way, located at the northwest corner of Lot 2, Caraway
Addition, Lubbock County,Texas.
6.7. Resolution -Right-of-Way: Resolution No. 2018-80315 authorizing the Mayor to execute an
Easement Agreement between the City of Lubbock and the Texas A&M University System, in
connection with certain real property located in Section 36, Block A, Lubbock County,Texas,
owned by the State of Texas.
6.8. Resolution-Engineering: Resolution No. 2018-80316 authorizing the Mayor to execute
Contract 14118 with M.H. Civil Constructors, Inc., for the construction of new piezometers on the
John T. Montford Dam at Lake Alan Henry. (RFP 18-14118-TF).
6.9. Resolution-Water Utilities: Resolution No. 2018-RO317 authorizing the Mayor to execute
Contract 13863 with Garver, LLC,to perform an updated Water System Vulnerability
Assessment and Emergency Response Plan.
6. 10. Resolution -Water Utilities: Resolution No.2018-80318 authorizing the Mayor to execute
Purchase Order 22104324, with Texas Electric Cooperative, for the purchase of power pole
distribution hardware to be used in the Bailey County Well Field to maintain the electrical
distribution infrastructure.
6. 11. Resolution -Water Utilities: Resolution No. 2018-80319 authorizing the Mayor to execute a
contract with Complete Power Pole Inspections, Inc., for remediation, rehabilitation, and repair
services associated with City-owned electrical power distribution infrastructure in the Bailey
County Well Field.
6. 12. Resolutions - Utility and Street Maintenance: Resolution No.'s 2018-RO320 and
2018-RO321 authorizing the Mayor to execute Contract 14267 with Green Dream International
LLC,and Contract 14315 with M U Dco Trucking LLC,for the Annual Pricing of Raw Materials
for Public Works Operations.
6. 13. Resolution-Traffic Engineering: Resolution No. 2018-RO322 authorizing the Mayor to
execute Contract 14228 with SouthWest Contracting and Construction, for steel reinforcement
cages used to construct concrete drilled pier foundations for traffic signals.
6. 14. Resolution-Solid Waste Disposal: Resolution No.2018-80323 authorizing the Mayor to
execute Contract 18-14222 with Xenco Laboratories for the analysis of groundwater samples.
6. 15. Resolution-Aviation: Resolution No.2018-80324 authorizing the Mayor to execute a lease
agreement between the City of Lubbock and General Services Administration(GSA), on behalf
of the United States Customs and Border Protection,at Lubbock Preston Smith International
Airport.
6* 16* Resolution•Municipal Court: Resolution No.2018-80325 authorizing the Mayor to execute
an Interlocal Agreement with Lubbock County, to provide the services of a Juvenile Case
Manager.
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September 27,2018 Page 6 of 16
6. 17. Resolution -Transit Services: Resolution No. 2018-RO326 authorizing the Mayor to execute an
agreement with USI Insurance Services, for auto and general liability insurance for Citibus.
6. 18. Resolution -Information Technology: Resolution No.2018-RO327 authorizing the Mayor to
execute Purchase Order Contract 33001062 with Microsoft Corporation, for the Premier Support
Services Agreement,
6. 19. Resolution- Information Technology: Resolution No.2018-80328 authorizing the Mayor to
execute Purchase Order Contract 33001077 with SHI Government Solutions for the RETAIN
Annual License Maintenance and Support Renewal for the upcoming year.
6.20. Resolution- Parks and Recreation: Resolution No. 2018-80329 authorizing the Mayor to
execute a contract and all related documents with the South Plains Association of Governments
(SPAG), related to funds passed through the U.S. Department of Health and Human Services for
an Area Agency on Aging(AAA)Direct Purchase of Services Program to provide meals and
transportation services for the City of Lubbock's Senior Citizens Program.
6.21. Resolution -Parks and Recreation: Resolution No. 2018-80330 authorizing the Mayor to
execute a Grant Agreement with the Texas Department of Transportation (TxDOT), for the
Texas Traffic Safety Program,"Providing Education Today for a Safer Tomorrow", for bicycle,
car, pedestrian, and other safety related programs at Safety City.
6.22. Resolution -Fleet Services: Resolution No.2018-RO331 authorizing the Mayor to execute
Purchase Order 31040962 with Lubbock Truck Sales, Inc., for the purchase of a Belly Dump
Trailer and a Truck Tractor for the Water Reclamation Department.
6.23. Resolutions -Fleet Services: Resolution No.'s 2018-R0332,2018-80333,2018-80334,
2018-110335, 2018-110336, 2018-110337, 2018-80338,2018-R0339,2018-80340, and
2018-RO341 authorizing the Mayor to execute Contract 14233 with Williams Brake, Tune&
Tire, LLC, Contract 14288 with Monkey Mike's Auto Repair, Contract 14289 with McWhorters,
LTD., Contract 14286 with Master Car Care Center, INC. DBA Hud's Auto Service, Contract
14290 with Gene Messer Ford, Contract 14291 with Pinkerton's Garage and Body,Contract
14294 with Greater Automotive Services, Inc. DBA Scott's Complete Car Care, Contract 14292
with Shepherd's Auto Care, Contract 14293 with Big Rakk Industries, LLC.,and Contract 14287
with Christian Brothers Automotive, for Maintenance and Repairs on all light duty vehicles in the
City of Lubbock fleet.
6.24. Resolution-Health Benefits: Resolution No. 2018-RO342 authorizing the Mayor to execute an
Amendment to that certain Agreement for Employee Medical Clinic Services, by and between the
City of Lubbock and University Medical Center Physicians, to allow for data sharing.
6.25. Resolution -Risk Management: Resolution No.2018-80343 authorizing and directing the City
Manager to purchase 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$0.1206 per$100, and said attachment is
incorporated hereto as if fully set forth herein: Liberty Surplus Insurance, SwissRe,Lloyds of
London, Hallmark Specialty,Zurich, Arch Specialty Insurance, Markel, Scottsdale Insurance Co.,
Mitsui, RSUI,and Travelers.
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September 27,2018 Page 7 of 16
6.26. Resolution -Risk Management: Resolution No. 2018-R0344 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.
6.27. Resolution -Risk Management: Resolution No. 2018-80345 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
$20,000.
6.28. Resolution -Risk Management: Resolution No. 2018-80346 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 John T. Montford Dam, for a total premium in an amount not to
exceed $164,485.
6.29. Resolution -Risk Management: Resolution No. 2018-R0347 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$0.1096 per$100, said attachment is incorporated hereto as if
fully set forth herein:AEGIS,Axis Surplus Insurance Company, RenaissanceRe Syndicate 1458,
SCOR UK Company Limited, Syndicate 1221 —Navigators, Inter Hannover, Syndicate 2001-NIS
Amlin, Syndicate 1200—Argo, Syndicate 1301 —StarStone, Arch Ins Co(Europe) Ltd.,
Syndicate 1686—Axis, lronshore Bermuda, and Helvetia.
6.30. Resolution -Risk Management: Resolution No. 2018-R0348 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$404,338.
6.31. Resolution -Risk Management: Resolution No. 2018-R0349 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 $25,594.
6.32. Resolution -Risk Management: Resolution No. 2018-R0350 authorizing and directing the City
Manager to purchase for and on behalf of the City of Lubbock,workers' compensation coverage
from Texas Mutual Insurance Company, for which the premium amount shall not exceed
$1,123,904.
6.33. Resolution-Risk Management: Resolution No. 2018-80351 authorizing and directing the City
Manager to purchase for and on behalf of the City of Lubbock,Network Security Privacy
Insurance coverage from Lloyd's of London, for which the premium amount shall not exceed
$35,721.
6.34. Resolution-Risk Management: Resolution No. 2018-R0352 authorizing and directing the City
Manager to purchase for and on behalf of the City of Lubbock, drone—hull and liability
insurance coverage from Westchester Fire Insurance Company, for which the premium amount
shall not exceed$1,331.
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September 27,2018 Page 8 of 16
6.35. Resolutions - Risk Management: Resolution No.'s 2018-110353, 2018-110354,and 2018-R4355
authorizing and directing the City Manager to purchase for and on behalf of the City of Lubbock,
inland marine insurance coverage from Travelers Lloyds Insurance Company, for which the
premium amount shall not exceed$8,313; crime insurance coverage from Travelers Casualty&
Surety Company of America, for which the premium amount shall not exceed$6,921;and
pipeline liability insurance coverage from Federal Insurance Company,a member of the Chubb
Group, for which the premium amount shall not exceed$5,150.
6.36. Resolution -Business Development: Resolution No. 2018-110356 approving a program or
expenditure of the Lubbock Economic Development Alliance to be provided to Superior Pipe
Products, LLC (formerly Sterling Hose), pursuant to Section 501.073 of the Texas Local
Government Code.
6.37. Resolution -Business Development: Resolution No. 2018-RO357 approving a program or
expenditure of the Lubbock Economic Development Alliance to be provided to Pioneer Hi-Bred
International, Inc., pursuant to Section 501.073 of the Texas Local Government Code.
6.38. Resolution - City Manager: Resolution No. 2018-RO358 authorizing and directing the Mayor to
execute for and on behalf of the City of Lubbock, an Agreement of Abandonment by and between
the City of Lubbock and Texas Tech University, concerning the formal abandonment of the
Lubbock Municipal Auditorium and Coliseum facilities and related documents.
7. Regular Agenda
7. 1. Public Hearing 5:15 p.m.-Planning: Consider a request for Zone Case 1594-B,a request of
Wes Dingier, for GWB Real Estate, LLC, for a zoning change from Interstate Highway
Commercial (IHC)to Interstate Highway Commercial (IHC) Specific Use, for a customs
enforcement center on part of Lot 5, Lots 6 through 18,and part of Lots 19 and 20, Block 3,
Country Club Addition and the closed alley, 1202 Jarvis Street and 1202 Jarvis Street 2,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 5:54 p.m.
Danielle Delisle, Dora Cortez, Darius Hawks, Raymond Olmedo, James Kuehl, and Ashley Kuehl
appeared to speak in opposition.
Brian Neal, proponent;and Wes Dingier, proponent, appeared to speak in favor.
Mayor Pope closed the public hearing at 6:25 p.m.
Motion by Mayor Pro Tem Jeff Griffith,seconded by Council Member Steve Massengale to
approve this item.
Vote: 2- 5 Failed
Regular City Council Meeting
September 27,2018 Page 9 of 16
NAY: Mayor Daniel M. Pope
Council Member Juan A. Chadis
Council Member Randy Christian
Council Member Latrelle Joy
Council Member Shelia Patterson Harris
7.2. Public Hearing 5:15 p.m. -•Planning: Ordinance No. 2018-00119, for Zone Case 2995-Z,a
request of Sara Bradshaw,for JM Milwaukee, LLC, for a zoning change from Transition (T),
Single-Family Residential (R-1), Local Retail (C-2), and General Retail (C-3), to Restricted Local
Retail District(C-2A)on Tract H,Primrose Pointe Addition, 7710 Milwaukee Avenue.
Kristen Sager, Planning and Zoning Manager, gave comments and answered questions from City
Council.
Mayor Pope opened the public hearing at 8:03 p.m.
No one appeared to speak in favor or opposition.
Mayor Pope closed the public hearing at 8:07 p.m.
Motion by Council Member Steve Massengale, seconded by Mayor Pro Tem Jeff Griffith to
approve Ordinance No.2018-00119.
Vote: I- I Motion carried
Other: Council Member Juan A. Chadis(ABSENT)
7.3. Public Hearing 5:15 p.m. -Planning: Ordinance No. 2018-00120, for Zone Case 3257-F, a
request of Randy Allen, for David Messick, for a zoning change from Garden Office (GO)to
Apartment-Medical District(AM),on 2.118 acres of unplatted land out of Block AK, Section 1,
13502 University Avenue.
Kristen Sager, Planning and Zoning Manager,gave comments and answered questions from City
Council.
Mayor Pope opened the public hearing at 8:03 p.m.
No one appeared to speak in favor or opposition.
Mayor Pope closed the public hearing at 8:07 p.m.
Motion by Council Member Steve Massengale,seconded by Mayor Pro Tern Jeff Griffith to
approve Ordinance No. 2018-00120.
Vote: 6-0 Motion carried
Other: Council Member Juan A. Chadis(ABSENT)
Regular C4 Council Meeting
September 27,2018 Page 10 of 16
7.4. Public Hearing 5:15 p.m. -Planning: Consider a request for Zone Case 3354, a request of AMD
Engineering, LLC, for Sunwest Construction, for a zoning change from Transitional District(T)
to Single Family Residential District(R-1) Specific Use for a manufactured home and
recreational vehicle park on 51.01 acres of land out of Block A, Section 13, including Lot 1,
Westfork Addition, 2802 North Quaker Avenue, and consider an ordinance.
This item was postponed.
Kristen Sager, Planning and Zoning Manager; and Chad Weaver, City Attorney,gave comments
and answered questions from City Council.
Motion by Mayor Pro Tem Jeff Griffith, seconded by Council Member Steve Massengale to
postpone this item to the October 25, 2018 Regular City Council Meeting.
Vote: 6-0 Motion carried
Other- Council Member Juan A. Chadis(ABSENT)
7.5. Public Hearing 5:15 p.m.-Planning: Ordinance No. 2018-00121, for Zone Case 3355,a
request of Burl Masters, for 130th& Upland, Inc., for a zoning change from Transition District
(T)to Interstate Highway Commercial District(IHC)on 30.0825 acres of unplatted land,out of
Block AK, Section 12, 7222 130th Street.
Kristen Sager, Planning and Zoning Manager;Chad Weaver, City Attorney;Jarrett Atkinson,
City Manager; Chris Berry, with Betenbough Homes; and Burl Masters,proponent,gave
comments and answered questions from City Council.
Mayor Pope opened the public hearing at 8:03 pm.
No one appeared to speak in opposition.
Michael Postar appeared to speak in favor.
Mayor Pope closed the public hearing at 8:07 p.m.
Motion#1 by Council Member Randy Christian,seconded by Council Member Latrelle Joy to
postpone items 7.5 and 7.6 to the November 1, 2018 Regular City Council Meeting.
Motion#2 by Council Member Latrelle Joy, seconded by Council Member Randy Christian to
consider items 7.5 and 7.6 separately.
Vote on Motion#2
Vote: 2-4 Motion failed
NAY: Mayor Daniel M. Pope
Mayor Pro Tern Jeff Griffith
Council Member Shelia Patterson Harris
Council Member Steve Massengale
Other: Council Member Juan A. Chadis (ABSENT)
Vote on Motion #1
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September 27,2018 Page 11 of 16
Vote: 1 - 5 Motion failed
NAY: Mayor Daniel M. Pope
Mayor Pro Tern Jeff Griffith
Council Member Shelia Patterson Harris
Council Member Latrelle Joy
Council Member Steve Massengale
Other: Council Member Juan A. Chadis (ABSENT)
MotiL3 by Council Member Steve Massengale, seconded by Mayor Pro Tern Jeff
Griffith to approve Ordinance No. 2018-00121.
Vote on Motion#3
Vote: 6 - 0 Motion carried
Other: Council Member Juan A. Chadis (ABSENT)
7.6. Public Hearing 5:15 p.m.-Planning: Ordinance No.2018-00122, for Zone Case 3356, a
request of Betenbough Homes, for Betenbough and Braselton, for a zoning change from
Transition District(T)to General Retail District(C-3)on 7.7968 acres of unplatted land,out of
Block E-2, Section 21,3136 and 3104 130th Street.
Kristen Sager, Planning and Zoning Manager; Chad Weaver,City Attorney;Jarrett Atkinson,
City Manager; Chris Berry, proponent;and Burl Masters, gave comments and answered questions
from City Council.
Mayor Pope opened the public hearing at 8:03 p.m.
iJ
No one appeared to speak in opposition.
Chris Berry appeared to speak in favor.
Mayor Pope closed the public hearing at 8:07 p.m.
Motion#1 by Council Member Randy Christian,seconded by Council Member Latrelle Joy to
postpone items 7.5 and 7.6 to the November 1, 2018 Regular City Council Meeting.
Motion #2 by Council Member Latrelle Joy, seconded by Council Member Randy Christian to
consider items 7.5 and 7.6 separately.
Vote on Motion#2
Vote: 2 -4 Motion failed
NAY: Mayor Daniel M. Pope
Mayor Pro Tern Jeff Griffith
Council Member Shelia Patterson Harris
Council Member Steve Massengale
Other: Council Member Juan A. Chadis (ABSENT)
LVote on Motion #1
Vote: 1 - 5 Motion failed
NAY: Mayor Daniel M. Pope
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September 27,2018 Page 12 of 16
Mayor Pro Tem Jeff Griffith
Council Member Shelia Patterson Harris
Council Member Latrelle Joy
Council Member Steve Massengale
Other: Council Member Juan A. Chadis (ABSENT)
Motion#3 by Council Member Steve Massengale, seconded by Council Member Shelia
Patterson Harris to approve Ordinance No. 2018-00122.
Vote on Motion #3
Vote: 6 - 0 Motion carried
Other: Council Member Juan A. Chadis (ABSENT)
7.7. Public Hearing 5:15 p.m.-Planning: Consider a request for Zone Case 2627-1, a request of
Choice Dynamic Media, LP,for Marvin Grimes, for a zoning change from Commercial District
(C-4)with limited uses to Commercial District(C-4)on Lot 1, Block 1, West End Place Annex
Addition, 6219 19th Street, and consider an ordinance.
This item failed.
Kristen Sager, Planning and Zoning Manager;and Chad Weaver, City Attorney,gave comments
and answered questions from City Council.
Mayor Pope opened the public hearing at 6:48 pm.
Jim Bertram appeared to speak in opposition.
Ty Jones, Shanna Jones, Kristie Tooley,and Brad Tooley,proponents, appeared to speak in favor.
Mayor Pope closed the public hearing at 7:16 pm.
Motion by Council Member Latrelle Joy, seconded by Mayor Pro Tem Jeff Griffith to approve
this item.
Vote: 0-7 Failed
NAY: Mayor Daniel M. Pope
Mayor Pro Tem Jeff Griffith
Council Member Juan A. Chadis
Council Member Randy Christian
Council Member Latrelle Joy
Council Member Steve Massengale
Council Member Shelia Patterson Harris
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September 27,2018 Page 13 of 16
7.8. Public Hearing 5:15 p.m.-Planning: Consider a request for Zone Case 2803-A, a request of
Choice Dynamic Media, LP, for SPSM, Ltd., for a zoning change from Commercial District
(C-4)with limited uses to Commercial District(C-4)on Lot 6A, Marshall Cora B Addition 1901
34th Street, and consider an ordinance.
This item failed.
Kristen Sager, Planning and Zoning Manager; and Chad Weaver, City Attorney,gave comments
and answered questions from City Council,
Mayor Pope opened the public hearing at 6:48 p.m.
Jim Bertram appeared to speak in opposition.
Ty Jones, Shanna Jones, Kristie Tooley, and Brad Tooley, proponents, appeared to speak in favor.
Mayor Pope closed the public hearing at 7:16 p.m.
Motion by Mayor Pro Tern Jeff Griffith, seconded by Council Member Steve Massengale to
approve this item.
Vote: 0- 7 Failed
NAY: 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
7.9. Public Hearing 5:15 p.m.-Planning: Consider a request for Zone Case 2255-S, a request of
Choice Dynamic Media,LP, for SPSM, Ltd.,for a zoning change from Commercial District
(C-4) Specific Use for a drive-in restaurant to Commercial District(C-4) on Lot 4, Spur 327
Business Park Addition, 5802 64th Street, and consider an ordinance.
This item failed.
Kristen Sager, Planning and Zoning Manager;and Chad Weaver, City Attorney, gave comments
and answered questions from City Council.
Mayor Pope opened the public hearing at 6:48 p.m.
Jim Bertram appeared to speak in opposition.
Ty Jones, Shanna Jones, Kristie Tooley, and Brad Tooley, proponents, appeared to speak in favor.
Mayor Pope closed the public hearing at 7:16 p.m.
Regular City Council Meeting
September 27,2018 Page 14 of 16
Motion by Council Member Steve Massengale, seconded by Council Member Latrelle Joy to
approve this item.
Vote: 0- 7 Failed
NAY: 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
7. 10. Public Hearing 5:15 p.m.-Planning: Consider a request for Zone Case 2807-D,a request of
Choice Dynamic Media, LP, for Dalton's Automotive, for a zoning change from Commercial
District(C-4)with limited uses to Commercial District(C-4)on Tract A, less the west 5 feet,
Dalton Addition, 9811 Slide Road,and consider an ordinance.
This item failed.
Kristen Sager, Planning and Zoning Manager; and Chad Weaver, City Attorney, gave comments
and answered questions from City Council.
Mayor Pope opened the public hearing at 6:48 p.m.
Jim Bertram appeared to speak in opposition.
Ty Jones, Shanna Jones, Kristic Tooley, and Brad Tooley, proponents,appeared to speak in favor.
Mayor Pope closed the public hearing at 7:16 p.m.
Motion by Council Member Lavelle Joy, seconded by Council Member Steve Massengale to
approve this item.
Vote: 0-7 Failed
NAY: 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
Regular City Council Meeting
September 27,2018 Page 15 of 16
7. 11. Ordinance 2nd Reading - Environmental Health: Ordinance No.2018-00116, amending
Article 8.16 of the Code of Ordinances with regard to permitting variances to allow dogs in
outdoor dining areas.
Jarrett Atkinson,City Manager; and Stevan Walker, Environmental Health Coordinator, gave
comments and answered questions from City Council.
Main Motion'by Council Member Juan A. Chadis, seconded by Mayor Pro Tem Jeff Griffith to
approve Ordinance No. 2018-00116.
Amendment Motion by Council Member Latrelle Joy, seconded by Mayor Pro Tern Jeff Griffith
to amend subsection 0 to read as follows:
"A dog may not have contact with any dishes or utensils used for food service or
preparation at the food establishment. Food establishment personnel may not serve
any food to the dog. With permission of the food establishment owner, the dog
owner may provide doggie treats, doggie biscuits, edible treats, and water for their
dog while in the outdoor patio area in a disposable, or owner provided, container."
Vote on Amendment Motion
Vote: 7- 0 Motion carried
Vote on Main Motion as Amended
Vote: 7 - 0 Motion carried
Lj 7. 12. Ordinance 2nd Reading -City Manager: Ordinance No. 2018-00117,amending Chapter 8,
"Businesses and Amusements" by adding Article 8.21 "Bicycle and Scooter Sharing"; amending
Chapter 20 "Traffic", by amending the definition of"Bicycle" to include those operating with
Electric Power, to define "Scooter",and including Electric Bicycles and Scooters within the
exception to the definition of"Vehicles"; amending Chapter 20 section 20.09 to include Scooters
throughout; amending Chapter 24 "Vehicles for Hire" Section 24.01.002 to exclude Bicycle and
Tricycle from the definition of "Nonmotorized Passenger Transport Vehicles";and amending
Chapter 36"Streets, Sidewalks and Other Public Ways", Article 36.01 by adding Section
36.01.009.
Joe Deshotel, with Lime; Jarrett Atkinson, City Manager; and Chad Weaver, City Attorney, gave
comments and answered questions from City Council.
Main Motion by Council Member Shelia Patterson Harris, seconded by Council Member Steve
Massengale to approve Ordinance No. 2018-00117.
Amendment Motion by Mayor Pro Tern Jeff Griffith, seconded by Council Member Steve
Massengale to amend section 8.21.002 of the amended ordinance before us,to include a notice to
vendors that bicycles and scooters, placed in the right of way or on other public property without
a valid permit,are subject to impoundment and a$175 impoundment fee for each bicycle and
scooter impounded. And, to amend the same section to establish the fee of$750 for each vendor
permit issued.
Vote on Amendment Motion
Vote: 6- 0 Motion carried
Regular City Council Meeting
September 2 7,2018 Page 16 of 16
Other: Council Member Juan A. Chadis (ABSEN"I")
Vote on Main Motion as Amended
Vote: 6 - 0 Motion carried
Other: Council Member-Juan A. Chadis (ABS1--1' -)
7. 13. Board Appointments- City Secretary: Consider appointments to the Lubbock, Economic
Development Alliance Board and Market Lubbock Economic Development Corporation Board.
Lubbock Economic Development Alliance Board & Market Lubbock Economic
Development Corporation Board:
Motion by Mayor Pro 1'em Jeff Gi-iffith, seconded by Council Member Steve Massengale to
appoint Brett Cate to replace 'l'imothy Collins and Chi-is Carpenter to replace James Gilbreath.
Vote: 6 - 0 Motion carried
Other: Juan A. Chadis (ABSENT)
Motion by Council Met ibet-Lati-elle Joy. seconded by Council Member Shelia Patterson
Harris to reappoint Regina Johnston.
Vote: 6 - 0 Motion carried
Other: Juan A. Chadis (ABSEN'l')
8:45 P.M. CITY COUNCIL ADJOURNED
Thcre being no further business to come before Council, Mayor Pope adjourned the
meeting.
The September 27. 201 8 Regular City Council Meeting minutes were approved by the City Council oil
the 25th day of October, 2018.
DANIF-L M. POPE, MAYOR
ATTES-1":
Re'be t a Garza, City Secret ry