HomeMy WebLinkAboutMinutes - City Council - Regular - 1/10/2019 CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
January 10, 2019
2:30 P.M.
The City Council of the City of Lubbock,Texas met in regular session on the 10th of January,2019, in
City Council Committee Room 103, City Hall, 1625 13th Street,Lubbock,Texas at 2:30 p.m.
2:32 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 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: City Council addressed agenda items in the following order:
•1.1-1.2; Executive Session; 3.1-3,3; Citizen Comments 4.1; 5.1; 61-64- 6.11-6.13; 6.7-5.10;
7.1; 7.4; 7.6-7.7; 7.11,, 7.2-7.3; 7.5; 7.8; 7.10,` and 7.12.
•Item 7.1 failed
e Item 7.9 was 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. Bear and discuss a presentation regarding the City's Health Plan and related matters.
Jarrett Atkinson, City Manager, introduced this item.
Leisa Hutcheson, Director of Human Resources; and Blu Kostelich, Chief Financial Officer,
gave a presentation and answered questions from City Council.
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.
Mayor Daniel M. Pope briefed the City Council as to which consent agenda items would be
pulled.
Regular City Council Meeting
January 10,2019 Page 2 of 10
2. Executive Session
The meeting recessed at 3:14 p.m.and reconvened in Executive Session under the
provisions of Section 551,Texas Government Code. City Council recessed from Executive
Session at 4:37 p.m. The meeting was called back into a public session at 5:18 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, et. al., Cause No. 2018530988, pending
in the 99th Judicial District Court, Lubbock County, Texas
2. 1. 2. Chapter 40 of the Lubbock City Code
2. 1. 3. Consideration of Judicial Review of DWC #18128999
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. Downtown
2.2. 2. Godeke Branch Library
2.2. 3. City of Lubbock Parks System
3. Proclamations and Presentations
3. 1. Invocation by Tracey Benefield,Atheist Community of Lubbock
Tracey Benefield, Atheist Community of Lubbock, 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. Board Recognitions: Presented by Council Member Randy Christian.
Electric Utility Board
Edwin E. "Butch" Davis
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.
Regular City Council Meeting
January 10,2019 Page 3 of 10
4. 1. Sign-UPS:
•Mike] Ward appeared before the City Council to speak on item 1.1 (City's Health Plan).
•Kemberly McDaniel appeared before the City Council to speak on item 5.1 (Minutes).
•Don Bebee appeared before the City Council to speak on item 3. (Proclamations and
Presentations).
5. Minutes
5. 1. October 24,2018 Special City Council Meeting- Lubbock Economic Development Alliance
December 6, 2018 Regular City Council Meeting
Motion by Mayor Pro Tem Jeff Griffith, seconded by Council Member Shelia Patterson Harris to
approve the October 24,2018 Special City Council Meeting(Lubbock Economic Development
Alliance)minutes and the December 6,2018 Regular City Council Meeting minutes with the
following correction:
October 24, 2018 Special City Council Meeting(Lubbock Economic Development Alliance)
minutes: In the first paragraph- Change the word "June" to "October".
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 Latrelle Joy, seconded by Council Member Juan A. Chadis to
approve items 6.1-6.6; and 6.11-6.13.
Vote: 7-0 Motion carried
6. 1. Budget Amendment Ordinance 2nd Reading-Finance: Ordinance No. 2018-00143,
Amendment 4, amending the FY 2018-19 budget for municipal purposes respecting the
Water/Wastewater Fund to amend the State Infrastructure Bank(SIB) loan payment; providing
for filing; and providing for a savings clause.
6.2. Budget Amendment Ordinance 1st Reading-Finance: Ordinance No.2019-00001,
Amendment 5, amending the FY 2018-19 Budget for municipal purposes respecting the Lubbock
Power and Light Capital Fund to Establish Capital Improvement Project 92608—Red Raider
Substation Distribution Feeders and appropriate funding; providing for filing; and providing for a
savings clause.
6.3. Budget Amendment Ordinance 1st Reading -Finance: Ordinance No. 2019-00002,
Amendment 6, amending the FY 2018-19 Budget for municipal purposes respecting the Grant
Fund to accept and appropriate additional funding from the Texas Department of Housing and
Community Affairs (TDHCA) for the Comprehensive Energy Assistance Program (CEAP);
providing for filing; and providing for a savings clause.
6.4. Ordinance 2nd Reading-Right-of-Way: Ordinance No. 2018-00144, abandoning and closing
a 15-foot wide alley located in Block 9, Morning Side Addition, between 28th Street and 29th
Street, west of Avenue G.
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January 10,2019 Page 4 of 10
6. 5. Ordinance 2nd Reading-Right-of-Way: Ordinance No. 2018-00145, abandoning and closing
a drainage easement located in Section 23, Block E-2, Vintage Township, at Quaker Avenue and
114th Street in Lubbock County, Texas.
6.6. Resolution- Wastewater Operations: Resolution No. 2019-ROOO I authorizing the Mayor to
execute Contract 14406 with Polydyne, Inc., for the purchase of Liquid Polymer for use at the
Southeast Water Reclamation Plant.
6. 7. Resolution- Public Health Services: Resolution No. 2019-80006 authorizing and directing the
Mayor to execute a Memorandum of Understanding (MOU)with StarCare Specialty Health
System to participate in an interagency collaborative effort to meet the specific needs of the
priority population, including serving as an essential link between prevention, intervention, and
treatment services within the community.
Jarrett Atkinson,City Manager;and Bill Howerton, Deputy City Manager, gave comments and
answered questions from City Council.
Motion by Council Member Randy Christian, seconded by Council Member Juan A. Chadis to
approve Resolution No. 2019-110006.
Vote: 7 - 0 Motion carried
6.8. Resolution - Public Health Services: Resolution No.2019-80007 authorizing and directing the
Mayor to execute a Memorandum of Understanding (MOU)with StarCare Specialty Health
System to increase opportunities for healthy lifestyle choices that will reduce incidence of HIV
infection and to provide alcohol, tobacco, and other drug prevention and intervention services to
the community at large.
Jarrett Atkinson, City Manager; and Bill Howerton, Deputy City Manager,gave comments and
answered questions from City Council.
Motion by Council Member Randy Christian, seconded by Council Member Juan A. Chadis to
approve Resolution No. 2019-110007.
Vote: 7-0 Motion carried
6.9. Resolution- Public Health Services: Resolution No. 2019-R0008 authorizing and directing the
Mayor to execute a Memorandum of Understanding (MOU)with StarCare Specialty Health
System, to participate in an interagency collaborative effort to provide community based, gender
specific, intervention services to parenting males and expectant fathers involved in the
Department of Family and Protective Services(DFPS), with substance use disorders or who are
at risk of developing substance use disorders; and to assist with identification of persons who
meet priority population criteria so that those identified may be invited to participate in the
various activities provided by StarCare.
Jarrett Atkinson, City Manager; and Bill Howerton, Deputy City Manager, gave comments and
answered questions from City Council.
Motion by Council Member Randy Christian, seconded by Council Member Juan A. Chadis to
approve Resolution No. 2019-110008.
Vote: 7 -0 Motion carried
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January 10,2019 Page 5 of 10
6. 10. Resolution -Public Health Services: Resolution No. 2019-R0009 authorizing and directing the
Mayor to enter into a Memorandum of Understanding(MOU) between the City of Lubbock,
acting by and through the City of Lubbock Health Department, and the City of Amarillo, acting
by and through the City of Amarillo Department of Public Health, regarding future collaboration
between the City of Lubbock Health Department, City of Amarillo Department of Public Health,
the State of Texas Department of State Health Services,and other state and federal agencies, and
all related documents.
Jarrett Atkinson,City Manager; and Bill Howerton, Deputy City Manager,gave comments and
answered questions from City Council.
Motion by Council Member Randy Christian,seconded by Council Member Juan A. Chadis to
approve Resolution No. 2019-R0009.
Vote: 7-0 Motion carried
6. 11. Resolution-Facilities: Resolution No. 2019-R0002 authorizing the Mayor to execute Contract
14153,an agreement with Parkhill, Smith and Cooper(PSC), Inc.,for professional architectural
and engineering services for the construction of a new Police Headquarters Facility.
6. 12. Resolution-Civic Centers: Resolution No.2019-R0003 approving the recommendation from
the Cultural Arts Grant Review Committee and the Civic Lubbock, Inc. (CLI) Board of
Directors, for the second of two grant periods for the 2018 Cultural Arts Grant Program(CAGP),
using Hotel Occupancy Tax funds allocated for Fiscal Year 2017-18.
6. 13. Resolutions-Fleet Services: Resolution No.'s 2019-R0004 and 2019-R0005 authorizing the
Mayor to execute Contract 14407 with Clear-Vu Auto Glass and Contract 14446 with Express
Auto Glass, for windshield and window replacement services for City of Lubbock vehicles and
equipment.
7. Regular Agenda
7. 1. Public Hearing-Planning: Consider a request for Zone Case 1112-A, a request of Jannah's
Real Estate, LLC, for Hanis Texas Tire 31, Inc., for a zone change to General Retail (C-3)from
Restricted Local Retail (C-2A)at 2614 50th Street,near the northeast corner of 50th Street and
Boston Avenue, Sunny Slope Addition, Block 10,east 35 feet of Lot 13 and west 40 feet of Lot
14,and consider an ordinance.
This item failed.
Kristen Sager, Planning and Zoning Manager; Chad Weaver, City Attorney;Jarrett Atkinson,
City Manager; and Jesica McEachern, Assistant City Manager, gave comments and answered
questions from City Council.
Mayor Pope opened the public hearing at 5:52 p.m.
No one appeared to speak in opposition.
Matthew Walton, proponent, appeared to speak in favor.
Mayor Pope closed the public hearing at 6:09 p.m.
Regular City Council Meeting
January 10,2019 Page 6 of 10
Motion by Mayor Pro Tern Jeff Griffith, seconded by Council Member Steve Massengale to
approve this item.
Vote: 4-3 Failed
NAY: Council Member Juan A. Chadis
Council Member Latrelle Joy
Council Member Shelia Patterson Harris
Note: This item requires at least 6 votes to overturn the decision made by the Planning&Zoning
Commission.
7.2. Public Hearing-Planning: Ordinance No. 2019-00007, for Zone Case 2161-K, a request of
Wes Hallmark, for the National Veterinary Association, Inc.. for Specific Use for Veterinary
Clinic,to allow a veterinary clinic to be located on land zoned General Retail (C-3)at 8222
University Avenue, approximately 425 feet north of the intersection of 86th Street and University
Avenue, High Plains Addition,Tract A5B4A.
Kristen Sager,Planning and Zoning Manager, gave comments and answered questions from City
Council.
Mayor Pope opened the public hearing at 7:19 p.m.
No one appeared to speak in favor or opposition.
Mayor Pope closed the public hearing at 7:25 p.m.
Motion by Council Member Latrelle Joy, seconded by Mayor Pro Tern Jeff Griffith to approve
Ordinance No. 2019-00007.
Vote: 7-0 Motion carried
7.3. Public Hearing-Planning: Ordinance No.2019-00008, for Zone Case 2538-E, a request of
Chris Berry, for Betenbough Homes, for a zone change to Reduced Setback Single Family
Residential (R-IA)from a combination of Single-Family Residential (R-1)and Commercial
(C-4)at 2602 Upland Avenue,at the northwest comer of 34th Street and Upland Avenue,207
acres of unplatted land out of Block AK, Section 42, AB 1264 Tract DI and Tract D3, Block
AK, Section 42,AB 851 Tract C5 and Block AK, Section 42, AB 851 Tract C513.
Kristen Sager,Planning and Zoning Manager,gave comments and answered questions from City
Council.
Mayor Pope opened the public hearing at 7:19 p.m.
No one appeared to speak in opposition.
Chris Berry, proponent, appeared to speak in favor.
Mayor Pope closed the public hearing at 7:25 p.m.
Regular City Council Meeting
January 10,2019 Page 7 of 10
Motion by Council Member Latrelle Joy, seconded by Mayor Pro Tem Jeff Griffith to approve
Ordinance No. 2019-00008.
Vote: 7- 0 Motion carried
7.4. Public Hearing-Planning: Ordinance No. 2019-00003, for Zone Case 3033-A, a request of
Parkhill, Smith& Cooper, for Westwind Realty, LP, for Specific Use for Hospital,to allow a
hospital to be constructed on 90 acres of land zoned Transitional (T)& Interstate Highway
Commercial (IHC) at 7620 82nd Street, northwest of the corner of Wausau Avenue and 82nd
Street, West Ridge Commercial Park Tracts A-C, and 65 acres of unplatted land out of Block
AK, Section 31 AB 243 TR E2A.
Kristen Sager, Planning and Zoning Manager, ,gave comments and answered questions from City
Council.
Mayor Pro Tem Jeff Griffith opened the public hearing at 6:45 pan.
No one appeared to speak in opposition.
Kelby Sue,proponent, appeared to speak in favor.
Mayor Pro Tem Jeff Griffith closed the public hearing at 6:47 p.m.
Motion by Council Member Latrelle Joy, seconded by Council Member Steve Massengale to
Ll approve Ordinance No.2019-00003.
Vote: 6- 0 Motion carried
Other: Mayor Daniel M. Pope (RECUSE)
7.5. Public Hearing-Planning: Ordinance No. 2019-00009,for Zone Case 3274-C, a request of
Betenbough Homes for Zone Change to Interstate Highway Commercial (IHC)from a
combination of Single-Family Residential (R-1)and Restricted Local Retail (C-2A)at 13201
University, near the southeast corner of 130th Street and University Avenue, 9.38 acres of
unplatted land out of Block E Section 16,AB 664, Tract B2 of the NW 114.
Kristen Sager, Planning and Zoning Manager,gave comments and answered questions from City
Council.
Mayor Pope opened the public hearing at 7:19 p.m.
No one appeared to speak in opposition.
Chris Berry, proponent, appeared to speak in favor.
Mayor Pope closed the public hearing at 7:25 p.m.
Motion by Council Member Latrelle Joy, seconded by Mayor Pro Tem Jeff Griffith to approve
Ordinance No. 2019-00009.
Vete: 7- 0 Motion carried
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January 10,2019 Page 8 of 10
7.6. Public Hearing-Planning: Ordinance No. 2019-00004, for Zone Case 3363, a request of
BND Properties, LLC, for a zone change to Two-Family Residential (R-2)from Multi-Family
Residential(R-3)at 301 Avenue T,at the southeast comer of 3rd Street and Avenue T, Roberts
& McWhorter Addition, Block 6,Lot 2 and the south 15 feet adjacent.
Kristen Sager, Planning and Zoning Manager; and Robert Carabajal, proponent, gave comments
and answered questions from City Council.
Mayor Pope opened the public hearing at 6:50 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 Juan A. Chadis, seconded by Council Member Shelia Patterson
Harris to approve Ordinance No. 2019-00004.
Vote: 7 . 0 Motion carried
7.7. Public Hearing-Planning: Ordinance No.2019-00005, for Zone Case 3364,a request of
S ubodh Patel for a zone change to Local Retail (C-2)(applicant and PZC recommended
Restricted Local Retail C-2A instead of C-2) from Transitional (T)at 11$06 Slide Road, at the
southeast corner of Slide Road and 116th Street, 3.466 acres of unplatted land out of Block E2,
Section 24,AB 1331, East 600' of Tract B2.
Kristen Sager, Planning and Zoning Manager, gave comments and answered questions from City
Council.
Mayor Pope opened the public hearing at 6:57 p.m.
No one appeared to speak in favor or opposition.
Mayor Pope closed the public hearing at 6.57 pm.
Motion by Council Member Juan A. Chadis, seconded by Mayor Pro Tem Jeff Griffith to
approve Ordinance No. 2019-00005.
Vote: 7 - 0 Motion carried
7.8. Public Hearing-Planning: Ordinance No. 2019-00010, for Zone Case 3365, a request of
Hugo Reed& Associates, Inc., for Michael Postar, for Specific Use for Self-Service Storage,to
allow a self-service storage facility to be constructed on 4.9 acres of land zoned General Retail
(C-3) at 7101 34th Street, at the southwest comer of Upland Avenue and 34th Street, on
unplatted land out of Block AK, Section 38 AB 689 TR I IA& I IAI Lowery Sub.
Kristen Sager, Planning and Zoning Manager, gave comments and answered questions from City
Council.
Mayor Pope opened the public hearing at 7:19 p.m.
No one appeared to speak in favor or opposition.
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January 10,2019 Page 9 of 10
Mayor Pope closed the public hearing at 7:25 p.m.
Motion by Council Member Latrelle Joy, seconded by Mayor Pro Tem Jeff Griffith to approve
Ordinance No. 2019-00010,
Vote: 7-0 Motion carried
7.9. Public Hearing-Planning: Consider a request for Zone Case 3366, a request of Hugo Reed &
Associates, Inc., for Larry Elliott, for a zone change to Local Retail (C-2)(PZC recommended
Restricted Local Retail C-2A instead of C-2)from Transitional (T)at 5513 114th Street, at the
southeast of the intersection of Chicago Avenue and I 14th Street, 3.4 acres of unplatted land out
of Block E2, Section 24, AB 842 Tract C4 and the north 210.78 feet of Tract C3, and consider an
ordinance.
This item was deleted.
7. 10. Public Hearing-Planning: Ordinance No. 2019-00011, for Zone Case 3367,a request of
Charles Bolton, for Bolton Oil Co. LTD for a zone change to Interstate Highway Commercial
(IHC) from Transitional (T)at 4514 130th Street, at the northwest comer of Quaker Avenue and
130th Street,2 acres of unplatted land out of Block E2, Section 23, AB 271 Tract 4A, Valley
View ACS.
Kristen Sager, Planning and Zoning Manager, gave comment's and answered questions from City
Council.
L Mayor Pope opened the public hearing at 7:19 p.m.
No one appeared to speak in favor or opposition.
Mayor Pope closed the public hearing at 7:25 p.m.
Motion by Council Member Latrelle Joy, seconded by Mayor Pro Tern Jeff Griffith to approve
Ordinance No. 2019-00011.
Vote: 7-0 Motion carried
7. 11. Public Hearing-Planning: Ordinance No.2019-00006, for Zone Case 3368,a request of
Hugo Reed and Associates, Inc., for George Castillo, for a zone change to a combination of
Two-Family Residential (R-2)and Family Apartment Residential (A-1) from a c'ombination of
Single-Family Residential (R-1) and Commercial (C-4)at 2001-2023 East Main Street and 2109,
2111, 2113, 2115,2117,2119, 2121 and 2123 East Broadway, at the northwest and northeast -
comers of Walnut Avenue and East Main Street, and at the northwest comer of Walnut Avenue
and East Broadway,C.D. Elliston Addition, Block 3, Lots 1-12 and 16-24 and Block I Lots
1-24.
Kristen Sager,Planning and Zoning Manager, gave comments and answered questions from City
Council.
Mayor Pope opened the public hearing at 7:01 p.m,
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January 10,2019 Page 10 of 10
No one appeared to speak in opposition.
Terry Holernan, proponent. appeared to speak in favor.
Mayor Pope closed the public hearing at 7:04 p,m.
Motion by Council Member Shelia Patterson Harris, seconded by Mayor Pro Tem Jeff Griffith to
approve Ordinance No. 2019-00006.
Vote: 7 - 0 Motion carried
7. 12. Ordinance 2nd Reading - Planning: Ordinance No. 2018-00146, as recommended by the
Planning and Zoning Commission to the City Council, regarding amendments to Chapter 40
"Zoning" of the Code of Ordinances, to amend the sign ordinance to allow freestanding
neighborhood entry signs within or immediately adjacent to the following residential districts:
Single-Family Residential (R-1), Reduced Setback Single-Family Residential (R-1A), and
Two-Family Residential (R-2).
AJ Fawver, Director of Planning, gave comments and answered questions from City Council.
Motion by Council Member Juan A. Chadis, seconded by Council Member Steve Massengale to
approve Ordinance No. 2018-00146.
Vote: 7 - 0 Motion carried
7:30 P.M. CITY COUNCIL ADJOURNED
There being no further business to carne before Council, Mayor Pope adjourned the
meeting.
The January 101, 2019 Regular City Council Meeting minutes were approved by the City Council on
the 12th day of February, 2019.
DANIEL M. POPE, MAYOR
ATTEST:
Re ccca Garza, City See