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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/15/2018 CITY OF LUBBOCK 1 I REGULAR CITY COUNCIL MEETING November 15, 2018 1:00 P.M. The City Council of the City of Lubbock,Texas met in regular session on the 15th of November, 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, 162513th Street,Lubbock,Texas Present: Mayor Daniel M. Pope; Mayer 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 Nate; City Council addressed agenda items in the following order; 1.1-1.3; Executive Session; 3.1-3.3; Citizen Comments; 5.1; 6.1-613; 15.15-6.21; 7.3; 7.1-7.2; 7.4; and 7.6-7.1 L .Items 6.14 and 7.5 were deleted. .Item 7.9 was postponed indefinitely. 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. Discuss planning,goals and priorities for the Lubbock City Council and the City of Lubbock, and discuss the programs, expenditures and policies of the City Council and the City of Lubbock, including but not limited to municipal fees,transportation, infrastructure, solid waste, Civic Center,Libraries,community engagement,communications,governance, budget, finance and debt, capital improvements, facilities, parks and recreation, health benefits,code enforcement, and staffing levels.This discussion may include a wide range of topics related to the programs, gperation,and policies of the City Council and the City of Lubbock. Action may be taken by the City Council to give direction to the City Manager in regards to determining the priorities and goals discussed. Jarrett Atkinson, City Manager, introduced this item and gave a presentation regarding City Council Priorities: Fiscal Discipline, Communication, Community Improvement, Public Safety, Growth& Development, and Economic Development and Redevelopment. Consensus from City Council that the City Manager will provide updates. The City Manager and the Mayor will determine a schedule. Regular City Council Meeting November 15,2018 Page 2 of 11 1.2. Presentation by the Central Business District Tax Increment Financing Board regarding a proposed development team and proposed development plan for a convention center hotel. Jarrett Atkinson, City Manager, introduced this item. David Alderson, Central Business District Tax Increment Finance Board Member; Gary Andrews,with GRACO Real Estate Development; and Robert Taylor, Central Business District Tax Increment Finance Board Chair, gave comments and answered questions from City Council. Steve Moffett,with SDM Financial, Inc., gave a presentation and answered questions from City Council. 1.3. The City Council may discuss: 1)one or more Consent Agenda items that have been pulled from the Consent Agenda, pursuant to Lubbock City Council Rules; or 2) any item from the Regular Agenda,except an item that requires a public hearing. All public hearings will be held during consideration of the Regular Agenda.No action will be taken by the City Council during the Work Session. No items were discussed. 2. Executive Session The meeting recessed at 2:03 p.m. and reconvened in Executive Session under the provisions of Section 551,Texas Government Code.The regular meeting was called back into a public session at 3:22 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., Civil Action No. 5:1 8-CV-00 I 72-C pending in the United States District Court for the Northern District of Texas Lubbock Division 2. 1. 2. Discussion of Chapter 40 of the Lubbock City Code 2. 1. 3. Discussion of City Council Rules 2.2. 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 Building Board of Appeals, Lubbock Emergency Communication District Board Of Managers,Urban Design/Historic Preservation Commission, and the Zoning Board of Adjustment. 2.3. Hold an executive session in accordance with Government Code 551.086 on the following competitive matters of Lubbock Power& Light. Regular City Council Meeting November 15,2018 Page 3 of 11 2.3. 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). 2.3. 2. Discuss and deliberate bidding and pricing information for purchased power,generation and fuel, purchased power agreements, and related services and strategies. 2.3. 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 Missionary Pastor Don W.Armstead, Greater Saint Mark Baptist Church Missionary Pastor Don W. Annstead, Greater Saint Mark Baptist Church, 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 support of Small Business Saturday on Saturday, November 24,2018, Mayor Pro Tern Jeff Griffith presented a special recognition in support of Small Business Saturday on Saturday,November 24, 2018. Representatives from the Lubbock Chamber of Commerce, South Plains Association of Governments, United Small Business Administration, and WorkForce Solution of the South Plains, appeared to accept the recognition. Eddie McBride, with the Chamber of Commerce; and Calvin Davis,with the United Small Business Administration, 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 3:15 p.m. No one appeared to speak. 5. Minutes 5. 1. September 26, 2018 Special City Council Meeting- Lubbock Economic Development Alliance October 25,2018 Regular City Council Meeting Motion by Council Member Latrelle Joy, seconded by Council Member Shelia Patterson Harris to approve the September 26,2018 Special City Council Meeting(Lubbock Economic Development Alliance)minutes, and the October 25, 2018 Regular City Council Meeting minutes. Regular City Council Meeting November 15,2018 Page 4 of I I 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, f Motion by Council Member Juan A. Chadis, seconded by Council Member Steve Massengale to approve items 6.1-6.13; and 6.15-6.21. Vote: 7-0 Motion carried 6. 1. Budget Amendment Ordinance 1st Reading-Finance: Ordinance No.2018-00126, Amendment 2, amending the FY 2018-19 Budget for municipal purposes respecting the Grant Fund to accept and appropriate funding from the Office of the Governor for the Homeland Security Grant Program(HSGP); providing for filing; and providing for a savings clause. 6.2. Budget Amendment Ordinance 1st Reading-Finance: Ordinance No. 2018-00127, Amendment 3, amending the FY 2018-19 Budget for municipal purposes respecting the Capital Program to Amend Capital Improvement Project(CIP)92502--West 50th Street Paving Improvements; providing for filing; and providing for a savings clause. 6.2. 1. Resolution-Engineering: Resolution No. 2018-RO396 authorizing the Mayor to execute Contract 14318 with Allen Butler Construction, Inc., for the construction of the West 50th Street Paving Improvements from Milwaukee Avenue to Upland Avenue. 6.3. Resolution-Animal Services: Resolution No. 2018-80397 authorizing the Mayor to execute Contract 14321 with Elia Machado, D.V.M. for Veterinary Services at Lubbock Animal Services. 6.4. Resolution -GIS and Data Services: Resolution No. 2018-80398 authorizing the Mayor to execute Amendment 3 to Contract 12719 with Bohannon Huston, Inc., for digital orthophotography and related services. 6.5. Resolution-GIS and Data Services: Resolution No. 2018-RO399 authorizing the Mayor to execute Amendment 2 to Contract 12643 with Environmental Systems Research Institute, Inc. (Esri), for Geographic Information Systems (GIS) software and services. 6.6. Resolution- Facilities: Resolution No. 2018-RO400 authorizing the Mayor to execute Contract No.14259 with Kleen-Tech Services Corporation, for Custodial Services for various facilities throughout the City. 6.7. Resolution-Health Benefits: Resolution No. 2018-80401 authorizing the Mayor to purchase and renew specific stop loss insurance coverage from Blue Cross Blue Shield of Texas (BCBSTX), for the City's health benefits program. 6.8. Resolution-Parks and Recreation: Resolution No. 2018-80402 authorizing the Mayor to execute Purchase Order 90500049 with The Playwell Group, Inc., for the purchase of new amenities for various City parks. Regular City Council Meeting November 15,2018 Page 5 of 11 6.9. Resolution - Parks and Recreation: Resolution No. 2018-R4403 authorizing the Mayor to execute Contract 14307 with Turfmaster Irrigation & Landscaping, Inc.,to replace hydraulic irrigation systems with automated systems at Crow Park, Dupree Park,and Leftwich Park, 6. 10. Resolution - Parks and Recreation: Resolution No. 2018-80404 authorizing the Mayor to execute Contract 14335 with Turfmaster Irrigation and Landscaping, Inc., for the construction of the walking trail at Jennings Park. 6. 11. Resolution- Fleet Services: Resolution No.2018-RO405 authorizing the Mayor to execute Purchase Order Contract 31042009 with Deere and Company for two CX2 Flex-Wing Rotary Cutters for Solid Waste Disposal and Aviation Operations. 6. 12. Resolution - Fleet Services: Resolution No. 2018-80406 authorizing the Mayor to execute Purchase Order Contract 31041984 with Deere & Company, for a 5115M Utility Tractor to be used for the Water/Wastewater Department. 6. 13. Resolution- Fleet Services: Resolution No. 2018-80407 authorizing the Mayor to execute Purchase Order Contract 31041606 with Deere&Company, for two John Deere 4044M Compact Utility Tractors for Park Maintenance. 6. 14. Resolution - Fleet Services: Consider a resolution authorizing the Mayor to execute Purchase Order Contract 31041677 with Kann Manufacturing Corporation for seven commercial side-loader packer bodies for Solid Waste Residential Collection. This item was deleted. 6. 15. Resolution - Emergency Management: Resolution No. 2018-80408 approving and ratifying the signature of the City Manager for and on behalf of the City of Lubbock for Sub-Recipient Grant Award FY 2018 Emergency Management Performance Grant(DHS Instrument Number EMT-2018-EP-00008,TDEM Grant Number 18TX-EMPG-0944)and any associated documents by and between the City of Lubbock and the Texas Division of Emergency Management. 6. 16. Resolution- Business Development: Resolution No. 2018-RO409 approving a Downtown Permittable Grant program or expenditure of Market Lubbock, Inc.,to be provided to Ben Edwards, P.A.d.ba. Veritas Medical,pursuant to Article IV, Section 5 of the Amended and Restated Bylaws of Market Lubbock Economic Development Corporation. 6. 17. Resolution-Business Development: Resolution No. 2018-RO410 approving a Downtown Facade Grant program or expenditure of Market Lubbock, Inc.,to be provided to Ben Edwards, P.A. d.b.a. Veritas Medical,pursuant to Article IV, Section 5 of the Amended and Restated Bylaws of Market Lubbock Economic Development Corporation. 6. 18. Resolution-Business Development: Resolution No. 2018-80411 approving a Downtown Facade Grant program or expenditure of Market Lubbock, Inc.,to be provided to V-Tech Environmental Services, pursuant to Article IV, Section 5 of the Amended and Restated Bylaws of Market Lubbock Economic Development Corporation, Regular City Council Meeting November 15,2018 Page 6 of 11 6. 19. Resolution-Business Development: Resolution No. 2018-80412 approving a Downtown Facade Grant program or expenditure of Market Lubbock, Inc., to be provided to Jux-ta-Posh, LLC,pursuant to Article IV, Section 5 of the Amended and Restated Bylaws of Market Lubbock Economic Development Corporation. 6.20. Resolution -Business Development: Resolution No. 2018-80413 authorizing the Mayor to accept the recommendation of the Central Business Tax Increment Financing District Board for a Convention Center Hotel development team and directing the Central Business Tax Increment Financing District Board to begin negotiating the terms of a Development Agreement with the recommended development team. 6.21. Resolution•City Manager: Resolution No. 2018-80414 adopting the City of Lubbock Legislative Agenda for the 86th Texas Legislative Session and the 116th United States Congress, to define the position of the City of Lubbock on State and Federal Legislative issues. 7. Regular Agenda 7. 1. Public Hearing 3:15 p.m. -Planning: Ordinance No. 2018-00129, for Zone Case 2280-A, a request of Bryan Myres for a zoning change from Neighborhood Service District(C-1) to High-Density Apartment District(A-2) on 0.674 acres of unplatted land out of Block A, Section 78, located north of Wabash Avenue,east of North Avenue N, 2405 North Avenue N. Kristen Sager, Planning and Zoning Manager;and Bryan Myrcs, proponent,gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 4:12 p.m. No one appeared to speak in favor or opposition. Mayor Pope closed the public hearing at 4:17 p.m. Motion by Council Member Juan A. Chadis, seconded by Mayor Pro Tern Jeff Griffith to approve Ordinance No. 2018-00129. Vote: 7-0 Motion Carried 7.2. Public Hearing 3:15 p.m.-Planning: Ordinance No. 2018-00130, for Zone Case 2661-C, a request of Hugo Reed and Associates, for YWCA of Lubbock, for a zoning change from General Retail District(C-3) Specific Use for a Super K-Mart to Local Retail District(C-2) on Tract A, Super K-Mart Plaza Addition, located north of 66th Street,east of University Avenue, 6201 University Avenue. Kristen Sager, Planning and Zoning Manager; and Terry Holeman, proponent, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 4:12 p.m. No one appeared to speak in favor or opposition. Mayor Pope closed the public hearing at 4:17 p.m. Regular City Council Meeting November 15,2018 Page 7 of I I Motion by Council Member Shelia Patterson Harris, seconded by Council Member Steve Massengale to approve Ordinance No. 2018-00130. Vote: 7-0 Motion carried 7.3. Public Hearing 3:15 p.m.-Planning: Ordinance No. 2018-00128, for Zone Case 2824-13, a request of Gary Andrews, for Restaurant Owners, Inc., for a zoning change from Single-Family Residential District(R-1)to Interstate Highway Commercial District(IHC)on Lot 3 and the 30.5 foot strip on the north side and Lot 4, less the southeast part, Teal Addition, located north of Regis Street, west of the Interstate 27, 4501 and 4503 North Interstate 27. Kristen Sager,Planning and Zoning Manager, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 3:43 p.m. No one appeared to speak in favor or opposition. Mayor Pope closed the public hearing at 3:43 p.m. Motion by Council Member Juan A. Chadis, seconded by Mayor Pro Tern Jeff Griffith to approve Ordinance No. 2018-00128. Vote: 7-0 Motion carried 7.4. Public Hearing 3:15 p.m.-Planning: Ordinance No.2018-0013 1, for Zone Case 3357, a request of Tom Sinclair, for Sinclair Heating, Cooling,and Plumbing, for a zoning change from Transition District(T)to Interstate Highway Commercial District(IHC)on the north 166.5 feet of the south 390.2 feet of the west 150 feet of Tract A and the south 223.7 feet of the west 150 feet of Tract A, Pine Grove Estates Addition, located north of 66th Street, cast of upland Avenue,6501 and 6503 Upland Avenue. Kristen Sager, Planning and Zoning Manager,gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 4:12 p.m. No one appeared to speak in favor or opposition. Mayor Pope closed the public hearing at 4:17 p.m. Motion by Council Member Randy Christian, seconded by Council Member Latrelle Joy to approve Ordinance No.2018-00131. Vote: 7-0 Motion carried 7.5. Public Hearing 3:15 p.m.-Planning: Consider a request for Zone Case 3360,a request of AMD Engineering,for Gemstone Communities, for a zoning change from Single-Family Residential District(R-1) to Single-Family Residential District(R-1) Specific Use for a mobile home park on Lot 1, Town and Country Mobile Estates Addition, located south of 4th Street, west of Upland Avenue, 7331 4th Street,and consider an ordinance. Regular City Council Meeting November 15,2018 Page 8 of 11 This item was deleted (withdrawn by the applicant). 7.6. Public Hearing 3:15 p.m.-Planning: Ordinance No. 2018-00132, for Zone Case 3361, a request of Mary Crites, for High Point Village, for a zoning change from Transition District (T) to Restricted Local Retail District(C-2A) on 26.5 acres of unplatted land out of Block JS, Section 12, located south of Kent Street,east of Milwaukee Avenue,6223 County Road 6300. Kristen Sager, Planning and Zoning Manager,and Mary Crites, proponent,gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 4:12 p.m. No one appeared to speak in favor or opposition. Mayor Pope closed the public hearing at 4:17 p.m. Motion by Council Member Steve Massengale,seconded by Council Member Juan A. Chadis to approve Ordinance No. 2018-00132. Vote: 7- 0 Motion carried 7.7. Public Hearing 3:15 p.m. -Planning: Ordinance No. 2018-00133, for Zone Case 3362,a request of AMD Engineering, for Stephen and Vicky Baker, for a zoning change from Transition District(T)to Local Retail District(C-2) and General Retail District(C-3)on 90.77 acres of unplatted land out of Block AK, Section 5, located south of 130th Street,west of Quaker Avenue, 13206 Quaker Avenue. Kristen Sager, Planning and Zoning Manager,gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 4:12 p.m. No one appeared to speak in favor or opposition. Mayor Pope closed the public hearing at 4:17 p.m. Motion by Mayor Pro Tern Jeff Griffith,seconded by Council Member Steve Massengale to approve Ordinance No.2018-00133. Vote: 7- 0 Motion carried 7.8. Public Hearing 3:15 p.m.-Planning: Ordinance No.2018-00134 and consider a recommendation to City Council regarding amendments to Chapter 40"Zoning" of the Code of Ordinances to: a) Replace the term"mini-warehouse"with the term"self-storage facility"; and, b) Allow self-storage uses, through a Specific Use, in the Local Retail District(C-2)and General Retail District(C-3), and as a Permitted Use in the Industrial Park District(IDP), where lots front a major thoroughfare or expressway and in the Interstate Highway Commercial District(IHC). AJ Fawver,Director of Planning, gave comments and answered questions from City Council. Regular City Council Meeting November 15,2418 Page 9 of 11 Mayor Pope opened the public hearing at 4:12 p.m. Johnathan Martindale appeared to speak in opposition. L Terry Holeman, with Hugo Reed and Associates, Inc.,appeared to speak in favor. Mayor Pope closed the public hearing at 4:17 p.m. Motion by Council Member Steve Massengale, seconded by Council Member Juan A. Chadis to approve Ordinance No. 2018-00134. Vote: 7- 0 Motion carried 7.9. Public Hearing 3:15 p.m.-Planning: Consider a recommendation to City Council and consider an ordinance regarding amendments to Chapter 40"Zoning" of the Code of Ordinances to define and allow"mixed use"within the West Broadway Central Business District(CB-1). This item was postponed indefinitely. Motion by Mayor Pro Tern Jeff Griffith, seconded by Council Member Latrelle Joy to postpone further consideration of this item indefinitely,and further to instruct the City Manager to continue working with staff and the Planning and Zoning Commission to develop a revised proposal suitable for presentation to the Council. Vote: 7- 0 Motion carried 7. 10. Ordinance Amendment Ist Reading-Traffic Operations: Ordinance No. 2018-00135 amending Section 20.05.102 of the Code of Ordinances of the City of Lubbock,with regard to the establishment of speed limits. Jarrett Atkinson, City Manager; Wood Franklin, Division Director of Public Works; Greg Stevens, Chief of Police; and Mitch Satterwhite, First Assistant City Attorney, gave comments and answered questions from City Council. Main Motion by Council Member Juan A. Chadis,seconded by Council Member Latrelle Joy to approve Ordinance No. 2018-00135. Amendment Motion by Council Member Randy Christian, seconded by Council Member Latrelle Joy to amend line item 57(98th Street; East& West; From Savannah Ave.to Upland Ave.) from 50 mph to 45 mph,and line item 110(Erskine Street; East& West; From N. Indiana Ave. to North Texas Tech Parkway)from 45 mph to 40 mph. Vote on Amendment Motion Vote: 2- 5 Motion failed NAY: Mayor Daniel M. Pope Mayor Pro Tem Jeff Griffith Council Member Latrelle Joy Council Member Shelia Patterson Harris Council Member Steve Massengale Regular City Council Meeting November 15,2018 Page 10 of I I Vote on Main Motion Vote: 5 -2 Motion carried NAY: Council Member Juan A. Chadis Council Member Randy Christian 7. 11. Board Appointments-City Secretary: Consider appointments to the Airport Board, Appointments Advisory Board, Building Board of Appeals, Lubbock Emergency Communication District Board Of Managers,Model Code&Construction Advisory Board, Urban Design/Historic Preservation Commission,and the Zoning Board of Adjustment. Airport Board: Motion by Mayor Pro Tem Jeff Griffith,seconded by Council Member Latrelle Joy to reappoint Grady Terrill. Vote: 7- 0 Appointments Advisory Board: Motion by Mayor Pro Tem Jeff Griffith,seconded by Council Member Latrelle Joy to appoint Abigail (Abby) Scioli to replace Keith Patrick. Vote: 7 -0 Building Board of Appeals: Motion by Council Member Steve Massengale, seconded by Mayor Pro Tem Jeff Griffith to appoint John Vineyard to replace Ken Ellis. Vote: 7 -0 Lubbock Emergency Communication District Board Of Managers: Motion by Mayor Pro Tem Jeff Griffith, seconded by Council Member Latrelle Joy to appoint Nathan White to replace Richard Foster. Vote: 7-0 Model Code& Construction Advisory Board: Motion by Council Member Steve Massengale, seconded by Mayor Pro Tem Jeff Griffith to appoint Kelby Sue to replace Miles Hardaway. Vote: 7- 0 Urban Design/Historic Preservation Commission: Motion by Council Member Juan A. Chadis,seconded by Council Member Shelia Patterson Harris to appoint Aaron Rivera to replace Abel Hernandez,and Dr. Paula Marshall-Gray to replace Dallas Ward. Vote: 7-0 Motion by Council Member Latrelle Joy, seconded by Council Member Shelia Patterson Harris to reappoint Mark Sanders and Gretchen Scott. Vote: 7- 0 Regular City Council Meeting November 15,2018 Page I I of 11 Zoning Boviii-cl ol'Adjustment: Motion by Council Member Randy Christian, seconded by Council Member Steve Massengale to appoint Rebecca Postar to replace Victor Bobo. Vote: 7 - 0 Motion by Council Member Randy Christian, seconded by Mayor ProTeill Jeff Griffith to reappoint Stacelones. Vote: 7 - 0 Motion by Council Member Randy Christian, seconded by Mayor Pro 'I'em Jeff Griffith to postpone the 3)rd appointment to this board to the December 6, 2018 Regular City Council Meeting. Vote: 5 - 2 NAY: Council Member Latrelle Joy Council Member Shelia Patterson Harris 5:22 P.M. CITY COUNCIL ADJOURNED There being no Further business to come bel'6re Council, Mayor Pope adjourned the meeting. The November 15, 2018 Regular City Council Meeting minutes were approved by the City Council Oil the l7th day of December, 2018. DANIEL M. POPE, MAYOR ATTEST: Re—'t ca Garza, City Secret ry