HomeMy WebLinkAboutMinutes - City Council - Regular - 04/28/2016 CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
April 28, 2016
1:30 P. M.
The City Council of the City of Lubbock, Texas net in regular session on the 28th of April,2016, in
Committee Room 103, City Hall, 1625 13th Street, Lubbock, Texas at 1:30 p.m.
1:30 P.M. CITY COUNCIL CONVENED
Committee Room 103, City Hall, 1625 13th Street, Lubbock, Texas
Present: Mayor Glen C. Robertson; Mayor Pro Tern, Jim Gerlt; Council Member Karen
Gibson; Council Member Jeff Griffith; Council Member Victor Hernandez; Council
Member Latrelle Joy; Council Member Floyd Price; City Manager James Loomis;
City Secretary Rebecca Garza; City Attorney Chad Weaver
Note: Mayor Glen C. Robertson and Council Member Floyd Price arrived in Executive Session.
Note: City Council addressed agenda items in the following order:
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1.1; ExectaiveSession; 3.1-3.5; Citizen Comments 4.1-4.4; Citizen Commenis (Sign-ups
4.5; 5.1; 6.2-6.11; 6.16-6.17; 6.19; 6.21-0.24; 626-629; 6.1-6.1,1; 612-6.15; 6.18; 6.20,-
6.25; 7.1-7.3; 7.5-7.8; 7.4; and 7.9-7.21
a Item 7.13 was posil)oned to the May 12, 2016 Regular City Council Meeting
0 Item 7.2014'aS deleted.
1. Work Session - Items for presentations and discussions on such issues that may require
more in-depth consideration of the City Council than Regular Agenda item. Action may
be taken on a Work Session item if the item indicates to the public the action to be taken.
1. 1. Presentation by representatives of RBC Capital Markets as to final pricing results for
the 2016 debt offering, and award of the sale thereof, of. 1) City of Lubbock, Texas
Electric Light& Power System Revenue Bonds, Series 2016; 2) City of Lubbock,
Texas Tax and Waterworks System Surplus Revenue Certificates of Obligation, Series
2016; and 3) City of Lubbock, Texas General Obligation Refunding Bonds, Series 2016.
Mau Boles, Financial Advisor with RBC Capital Markets, gave a presentation and
answered questions from City Council.
James Loomis, City Manager, gave comments and answered questions from City
Council.
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April 28,2016 Page 2 of 18
2. Executive Session
The meeting recessed at 2:05 pm. and reconvened in Executive Session under the
provisions of Section 551, Texas Government Code. The meeting was called back into a
public session at 5:15 p.m.
2. 1. 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 Junked
Vehicle Compliance Board and Zoning Board of Adjustment.
2. 2. 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 Linder the Texas Disciplinary Rules of
Professional Conduct conflicts with Chapter 551.
2. 2. 1. Briefing on provisions of Chapter 28 of the City of Lubbock Code of Ordinances.
2. 2. 2. United, fates qfAmerica v. City qI'Lubbock, Texas filed in the Northern District of
Texas, Lubbock Division, Civil Action No: 5:15-ev-234
2. 2. 3. No. 3094-2013- In the Municipal Court of the City of Lubbock, Texas - City of
Lubbock v. 1913 Baylor Avenue.
2.2. 4. Discuss Chapter 43 and Section 212.172 of the Texas Local Government Code in
regard to annexation.
2.2. 5. Discuss Attorney General Opinion Number OR2013-17487
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
3. Proclamations and Presentations
3. 1. Invocation by Reverend Adna Bean, Bethel African Methodist Episcopal Church
Reverend Adna Bean, Bethel African Methodist Episcopal Church, led the invocation.
3. 2. Pledges of Allegiance
Pledges of Allegiance were given by those in Council Chambers to the United States and
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Texas flags.
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April 28,2016 Page 3 of 18
3. 3. Presentation of a Special Recognition of National Travel and Tourism Week, May 1-7, 2016.
Mayor Pro Tern Jim Gerlt presented a special recognition for National Travel and TOLIrisrn
to
Week, May 1-7, 2016. Holly Russel, Director of Marketing and Communications for Visit
Lubbock, and other Visit Lubbock employees, appeared to accept the recognition. Holly gave
comments and thanked the Mayor and City Council for the recognition.
3. 4. Presentation ofrecognition to LISD students Elizar Crux, Matthew Chavez, and Dornell
Moore for their heroic efforts to rescue a City worker at Mae Simmons Park.
Council Member Floyd Price presented a special recognition to LISD students Elizar Cruz,
Matthew Chavez, and Dornell Moore for their heroic efforts to rescue a City worker. Dornell
Moore appeared to accept the recognition.
3. 5. Board Recognitions: Presented by Mayor Pro Tern Jim Gerlt
Animal Services Advisory Board:
Rhonda Marett (unable to appear)
Appointments Advisory Board:
Deborah Deary
Civic Lubbock. Inc. Board of Directors:
Kathy Horkey-Wolff(unable to appear)
Community Development and Services Board:
Byrnie Bass (unable to appear)
Junked Vehicle Compliance Board:
Christina Martinez
Keep Lubbock Beautiful Advisory Committee:
Jonathan Motsinger
Lake Alan Henry Board of Appeals:
Martin Gill
Jeff Jones(unable to appear)
Park and Recreation Board:
John Forburger fl
Michael Zant(unable to appear)
Urban Renewal and Neighborhood Redevelopment Commission:
Lindi Stapp (unable to appear)
Veterans Advisory Committee:
Britt Gorrall
Water Board of Appeals:
Joe Killgore
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April 28,2016 Page 4 of 18
Robert Valdez(unable to appear)
4. Citizen Comments-Pursuant to City Council Resolution 2014-110320,any Citizen
wishing to appear before a regular meeting of the City Council shall: Notify the City
Manager's office of that fact, completing the form available at the City Manager's office,
or online at the following hyperlink:Public Comments Sign-Ul) Form and submit it no
later than seventy-five(75) hours prior to the start of the meeting at which the Citizen
wishes to appear; or sign up to speak at the City Council meeting itself, completing the
form provided at the meeting,with regard to any item posted on the City Council
agenda.
4. 1. Leon Wilson will appear before the City Council to discuss agenda item 7.19.
Leon Wilson appeared before the City Council to speak in favor of agenda item 7.19 (Chapter
24, Vehicles for Hire),
4. 2. Miles Seybert will appear before the City Council to discuss agenda item 7.19.
Miles Seybert appeared before the City Council to voice his concern on agenda item 7.19
(Chapter 24, Vehicles for Hire).
4.3. Johnny Cruz will appear before the City Council to discuss agenda item 7.19.
Johnny Cruz appeared before the City Council to speak in favor of agenda item 7.19 (Chapter
24, Vehicles for Hire).
4. 4. Gary Van will appear before the City Council to discuss agenda item 7,19.
Gary Van chose not to speak.
4. 5. Sign-ups:
•Jim Narva submitted written comments to the City Council speaking in favor of agenda
item 7.17 (Chapter 28 Article 28.15 - Adoption of the 2012 International Fuel Gas
Code).
• Becky Teel appeared before the City Council to speak in favor of agenda items
7.13-7.17 (All Chapter 28 Amendments).
•Chris Miller, Paul, Barker, Alex Derossi,Norma Ritz Johnson, Robert Pineda, and
Chase Hottinger appeared before the City Council to speak in favor of agenda item 7.19
(Chapter 24, Vehicles for Hire).
m Craig Chick and James Dickens appeared before the City Council to speak
in opposition of agenda items 7.17 (Chapter 28 Article 28.15 - Adoption of the 2012
International Fuel Gas Code) and 7.18 (Chapter 28 Article 28.14 -Adoption of the 2012
International Residential Code),
® Kent Hance appeared before the City Council to speak in favor of agenda items 7.17
(Chapter 28 Article 28.15 -Adoption of the 2012 International Fuel Gas Code) and 7.18
(Chapter 28 Article 28.14 - Adoption of the 2012 International Residential Code)with
the exception that he doesn't agree in regard to the ICC LC-1027, since it is a patented
product. He recommended adopting the National Standard,
5. Minutes
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April 28,2016 Page 5 of IS
5. 1. March 24, 2016 Regular City Council Meeting
March 28, 2016 Special City Council Meeting
Motion by Mayor Pro Tern Jim Gerlt, seconded by Council Member Jeff Griffith to approve
the March 24, 2016 Regular City Council Meeting minutes and the March 28, 2016 Special
City Council Meeting minutes.
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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 Floyd Price, seconded by Council Member Jeff Griffith to
approve item 6.2-6.11.- 6.16-6.17; 6.19; 6.21-6.24; and 6.26-6.29.
Vote: 7 - 0 Motion carried
6. 1. Budget Amendment Ordinance 2nd Reading- Finance: Ordinance No. 2016-00058,
Amendment 20, amending the FY 2015-16 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 Community Services Block Grant
(CSBG); providing for filing; and providing for a savings clause.
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Motion by Council Member Karen Gibson, seconded by Council Member Jeff Griffith to
approve Ordinance No. 2016-00058.
Vote: 6- 0 Motion carried
Other: Council Member Victor Hernandez (RECUSE)
6. 1. 1. Resolution - Community Development: Resolution No. 2016-80150 authorizing the
Mayor to execute Amendment I to contract 12721 and all related documents with the
City of Lubbock and Texas Department of Housing and Community Affairs (TDHCA)
for the Community Services Block Grant (CSBG) to provide assistance to reduce
poverty, revitalize low-income communities, and empower low-income families and
individuals to become self-sufficient.
Motion by Council Member Karen Gibson, seconded by Council Member Jeff Griffith
to approve Resolution No. 2016-80150.
Vote: 6 - 0 Motion carried
Other: Council Member Victor Hernandez (RECUSE)
6. 2. Budget Amendment Ordinance 2nd Reading- Finance: Ordinance No. 2016-00057,
Amendment 19, amending the FY 2015-16 budget for municipal purposes respecting the
Lubbock Power and Light (LP&L) capital program to amend Capital Improvement Project
(CIP) 92141, Substation Relay Upgrade; CIP 92277, Substation Land Acquisition; CIP
92320, Substation Breaker Replacements; CIP 92330, 69kV Transmission Line
Reconductoring; CIP 92383, Mobile Substation; CIP 92403, 69kV Line Rebuild—Thompson
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April 28,2016 Page 6 of 18
to Vicksburg; CIP 92.404 I15kV Line Construction—Northwest to Mackenzie; CIP 92405,
69kV Line Rebuild —Chalker to Thompson; CIP 92406, 69kV Line Rebuild—Chalker to
Oliver; CIP 92407, Southeast Substation Autotransformer; CIP 92408, 69kV Capacitor
Upgrade—Vicksburg; CIP 92409 69kV Capacitor Upgrade—Chalker; CIP 92410, 69kV
Capacitor Upgrade—Slaton; CIP 92413, Massengale Station— Medium Term; providing for
filing; and providing for a savings clause.
6. 3. Budget Amendment Ordinance 1st Reading-Finance: Ordinance No. 2016-00060,
Amendment 22, amending the FY 2015-16 budget for municipal purposes respecting the
North Point Public Improvement District (PID) Special Revenue Fund;providing for filing;
and providing for a savings clause.
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6. 4. Ordinance Amendment 1st Reading -Finance: Ordinance No. 2016-00061 amending
Ordinance No. 2015-00067 in regard to the North Point Public Improvement District Revised
2015 Service and Assessment Plan by updating the Revised 2015 Service and Assessment
Plan to increase the appropriated capital outlay for the purpose of the construction of a
walking track; providing a savings clause; and providing for publication.
6. 5. Budget Amendment Ordinance 1st Reading -Finance: Ordinance No. 2016-00062,
Amendment 21, amending the FY 2015-16 budget for municipal purposes respecting the grant
fund to accept and appropriate funding from the Texas Department of Transportation
(TxDOT)for the Selective Traffic Enforcement Program (STEP)grant; providing for filing;
and providing for a savings clause.
6. 6. Ordinance 2nd Reading- Right-of-Way: Ordinance No. 2016-00055 abandoning and
closing a portion of all underground water line easement located in Section 5, Block E-2,
Lubbock County, Texas.
6. 7. Ordinance 1st Reading - Right-A-Way: Ordinance No. 2016-00063 abandoning and
closing a portion of 135th Street that was dedicated as a future street stub located in Section 4,
Block AK, Lubbock County, Texas, which is located between Orlando Avenue and Norfolk
Avenue.
6. 8. Ordinance 2nd Reading- Stormwater Engineering: Ordinance No. 2016-00056 amending
Chapter 22, Stormwater Regulations, of the Lubbock Code of Ordinances, providing for the
amendment of such code regarding enforcement.
6. 9. Resolution - Stormwater Engineering: Resolution No. 2016-80136 authorizing the Mayor
to execute Amendment 2 on Professional Services Contract 12041 with Parkhill, Smith and
Cooper, Inc., to provide professional engineering services for design and bid phase services
for Phase 2 of the Northwest Lubbock Drainage Improvements Project 2014-1103 14.
6. 10. Resolution - Utility and Street Maintenance: Resolution No. 2016-80137 authorizing the
Mayor to execute a cost sharing and reimbursement agreement with Betenbough Homes, Inc.
and the Frenship Independent School District for additional pavement construction on Upland
Avenue,
6. 11. Resolution -Utility and Street Maintenance: Resolution No. 2016-8.0 138 authorizing the
Mayor to execute Change Order I with West Texas Paving for the Upland Avenue Mill and
Re-Surface Project.
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6. 12. Resolution—Public Works Engineering: Resolution No. 2016-RO 151 authorizing the
Mayor to execute contract 12733 with Utility Contractors of Arnerica, Inc., for the
construction of Major Sanitary Sewer Mains Rehabilitation Phase I Project, RFP
16-12733-TF.
Wood Franklin, Director of Public Works, gave comments and answered questions from City
Council.
Motion by Mayor Pro Tem Jim Gerlt, seconded by Council Member Floyd Price to approve
Resolution No. 2016-8.0151.
Vote: 7 - 0 Motion carried
6. 13. Resolution—Public Works Engineering: Resolution No. 2016-80152 authorizing the
Mayor to execute contract 1284') professional services agreement with Lock-wood, Andrews
&Newnarn, (LAN) Inc. for Major Sanitary Sewer Mains Rehabilitation Project—Phase I and
I A Construction Phase Services., and Phase I A and 2 Design and Bid Phase Services.
Wood Franklin, Director of Public Works, gave comments and answered questions from City
Council.
Motion by Mayor Pro Tern Jim Gerlt, seconded by Council Member Floyd Price to approve
Resolution No. 2016-RO 152.
Vote: 7 - 0 Motion carried
6. 14. Resolution -Water Resources: Resolution No. 2016-80153 authorizing the Mayor to
execute a Research and Demonstration Project Grant Funding Agreement with the High Plains
Underground Water Conservation District I (HPWD) for financial assistance associated with a
brackish groundwater supply evaluation project.
Wood Franklin, Director Of'Public Works; and Aubrey Spear, Director of Water Resources,
gave comments and answered questions from City Council.
Motion by Mayor Pro Tem Jim Gerlt, seconded by Council Member Floyd Price to approve
Resolution No. 2016-RO 15').
Vote: 7- 0 Motion carried
6. 1.5. Resolution - Water Resources: Resolution No. 2016-80154 authorizing the Mayor to
execute professional services agreement 12855 with HDR Engineering, Inc. for engineering
services related to test well design, construction oversight and the evaluation of brackish
groundwater as a potential water supply.
Wood Franklin, Director of Public Works; and Aubrey Spear, Director of Water Resources,
gave cornments and answered questions from City Council,
Motion by Mayor Pro Tern Jim Gerlt, seconded by Council Member Floyd Price to approve
Resolution No. 2016-80 154.
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Vote: 7 - 0 'Motion carried
6. 16. Resolution - Facilities: Resolution No. 2016-80139 authorizing the Mayor to execute
contract 126')6 with Tecta America-CS, LLC., for the Silent Wings Museum roof replacement
and weatherproofinig, RFP 16-12636-JM,
6. 17. Resolution —Telecommunication: Resolution No. 2016-80140 authorizing the Mayor to
execute contract 12615 with Lubbock Radio Paging Set-vice, Inc. dba Stenocal I for pager
services, RFP 16-12615-DGB.
6. 18. Resolution -Information Technology: Resolution No. 2016-R0155 authorizing the Mayor
to execute Purchase Order Contract 33000711 with Dell Marketing LP, for the purchase of
rugged tablets, mounting hardware and accessories for the Lubbock Police Department, Water
Department and Lubbock Power and Light.
Mark Yearwood, Assistant City Manager, gave comments and answered questions from City
Council.
Motion by Council Member Floyd Price, seconded by Mayor Pro Tem Jim Gerlt to approve
Resolution No. 2016-RO155,
Vote: 7 - 0 Motion carried
6. 19. Resolution - GIS and Data Services: Resolution No. 2016-80141 authorizing the Mayor to
execute a contract with Bohannon Huston Inc., for digital orthophotography and related
services, RFP 16-12719-MA.
6. 20. Resolution - Fleet Services: Resolution No. 2016-80156 authorizing the Mayor to execute
purchase order contract 31027024 with Bruckner Truck Sales of Lubbock, Texas, for one
roll-off container assembly mounted on a 3-axle truck chassis, ITB 16-12752-SS.
Scott Snider, Assistant City Manager, gave comments and answered questions from City
Council.
Motion by Mayor Pro "fern Jim Gerit, seconded by Council Member Floyd Price to approve
Resolution No. 2016-80156.
Vote: 7 - 0 Motion carried
6. 21. Resolution -Parks and Recreation: Resolution No. 2016-801 42 authorizing the Mayor to
execute a contract with Gornian Outdoor Inc. for fertilization for various parkland properties,
ITB 16-12772-KK.
6. 22. Resolution - Health: Resolution No. 201.6-R0143 authorizing and directing the Mayor to
execute an amendment to Contract 2016-001284-00 and any associated documents with the
State of Texas acting by and through its Department of State Health Services in regard to
grant funding for services or goods to improve local public health emergencies.
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6.23. Resolution - Community Development: Resolution No. 2016-RO 144 to petition U. S.
Department of Housing and Urban Development(HUD) for an exception regarding the
potential conflict of interest between Assistant City Manager Bill Howerton and
Guadalupe-Parkway Sommerville Centers (GPSC).
6. 24. Resolution -Community Development: Resolution No. 2016-8.0 1.45 to discuss and vote on
recommendations made by the Community Development Service Board (CDSB)to reallocate
Community Development Block Grant funds (CDBG)administered by U. S. Department of
Housing and Urban Development(HUD).
6. 25. Resolution - Citibus: Resolution No. 2016-RO157 authorizing the Mayor to execute contract
126')I with Seon Systems for Citibus transit and paratransit van security camera systems, RFP
16-12631-TF.
Maurice Pearl, General Manager of Citibus, gave comments and answered questions from
City Council.
Motion by Mayor Pro Tern Jim Gerlt, seconded by Council Member Floyd Price to approve
Resolution No. 2016-RO 157,
Vote: 7 - 0 Motion carried
6. 26. Resolution -Citibus: Resolution NO. 2016-RO146 authorizing the Mayor to execute contract
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12791 with JN1 Contractors for the manufacture and installation of bus shelters for Citibus,
ITB 16-12791-TF.
6. 27. Resolution -Aviation: Resolution No. 2016-RO147 authorizing the Mayor to execute
contract 12761 with CEC Services, Inc. dba Gutting Edge Lawn Service, for landscape
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maintenance services at Lubbock Preston Smith International Airport, ITB 16-1276I-KK.
6. 28. Resolution - Aviation: Resolution No. 2016-RO148 authorizing the Mayor to execute
contract 12744 with Allison Enterprises dba Kleen Air Filter Services & Sales for the HVAC
Air Filter Service at Lubbock Preston Smith International Airport, ITB 16-12744-TF.
6. 29. Resolution -Print Shop: Resolution No. 2016-RO 149 authorizing the Mayor to execute a
lease agreement, contract 12828, with Xerox Corporation for digital reproduction equipment.
7. Regular Agenda
7. 1. Public Hearing 5:30 p.m. —Planning: Ordinance No. 2016-00064, for Zone Case 3282, a
request of Kirk Schneider, for Mary Dean Bloomer, for a zoning change from R-1 to C-4 on
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1.13 acres of unplatted land out of Block D6, Section 3, 9420 19th Street.
Mayor Robertson opened the public hearing at 6:49 p.m.
No one appeared to speak in opposition.
Kirk Schneider appeared to speak in favor,
Mayor Robertson closed the public hearing at 6:51 p.m.
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Motion by Council Member Floyd Price, seconded by Council Member Karen Gibson to
approve Ordinance No. 2016-00064.
Vote: 7 - 0 Motion carried
7. 2. Public Hearing 5:30 p.m.—Planning: Ordinance No. 2016-00065, for Zone Case 3047-P, a
request of James Rasmussen, for N.S.H.E. TX Vernon, LLC, for a zoning change fi-on-i GO to
C-2A Specific Use, Tract E, The Reserves at Vintage Addition, 12130 Quaker Avenue.
Mayor Robertson opened the public hearing at 6:49 p,ni.
No one appeared to speak in favor or opposition.
Mayor Robertson closed the public hearing at 6:51 p.m.
Motion by Council Member Floyd Price, seconded by Council Member Karen Gibson to
approve Ordinance No. 2016-00065.
Vote: 7 - 0 Motion carried
7. 3. Public Hearing 5:30 p.m.—Planning: Ordinance No, 2016-00066, for Zone Case 31 16-1, a
request of Cox/Dirks Architects, P.C., for Tommy Potts, to amend the conditions of
Ordinance 2009-000')8 i:br a shared driveway on Tract K, Kelsey Park Addition, 13041
Quaker Avenue.
Mayor Robertson opened the public hearing at 6:49 p.m.
No one appeared to speak in favor or opposition.
Mayor Robertson closed the public hearing at 6:51 p.m.
Motion by Council Member Floyd Price. seconded by Council Member Karen Gibson to
approve Ordinance No. 2016-00066.
Vote: 7 - 0 Motion carried
7. 4. Public Hearing 5:30 p.m.—Planning: Ordinance No. 2016-00071, for Zone Case 3283, a
request of Craft Development Corporation for a zoning change from R-I to R-I Specific Use
for Garden Homes on 8.26 acres of unplatted land out of Block E-2, Section 8, 3 802 60th
Street.
Mayor Robertson opened the public hearing at 6:52 p.m.
No one appeared to speak in opposition.
Truett Craft appeared to speak in favor.
Mayor Robertson closed the public hearing at 6:53 p.m.
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Motion by Mayor Pro Tern Jim Gerlt, seconded by Council Member Floyd Price to approve
Ordinance No. 2016-00071.
Vote: 7 - 0 Motion carried
7. 5. Public Hearing 5:30 p.m.—Planning: Ordinance No. 2016-00067, for Zone Case 3285, a
request of Hugo Reed and Associates, Inc. for Dell Cannon for a zoning change from R-I to
IHC on 5.242 acres of unplatted land out of Block E, Section 5, 7708 Interstate 27.
Mayor Robertson opened the public hearing at 6:49 p.m.
No one appeared to speak in favor or opposition.
Mayor Robertson closed the public hearing at 6:51 p.m.
Motion by Council Member Floyd Price,seconded by Council Member Karen Gibson to
approve Ordinance No. 2016-00067.
Vote: 7 - 0 Motion carried
7. 6. Public Hearing 5:30 p.m.—Planning: Ordinance No. 2016-00068, for Zone Case 2895-L, a
request of Hugo Reed and Associates, Inc., for Monterey Church of Christ, for a zoning
change from A-2 to C-2 on 0.9 acres of land out of Tract A-1 A-1, Monterey Church of Christ
Addition, 6111 82nd Street.
Mayor Robertson opened the public hearing at 6:49 p.m.
No one appeared to speak in favor or opposition.
Mayor Robertson closed the public hearing at 6:51 p.m.
Motion by Council Member Floyd Price, seconded by Council Member Karen Gibson to
approve Ordinance No. 2016-00068.
Vote: 7 - 0 Motion carried
7. 7. Public Hearing 5:30 p.m.—Planning: Ordinance No. 2016-00069, for Zone Case 2115-1-1,
a request of Hugo Reed and Associates, Inc., for Arco Endeavors, LLC, for a zoning change
from C-2 to C-3 on 1.5 acres of unplatted land out of Block E, Section 9, 2420 87th Street.
Mayor Robertson opened the public hearing at 6:49 p.m.
No one appeared to speak in favor or opposition.
Mayor Robertson closed the public hearing at 6:51 p.m.
Motion by Council Member Floyd Price, seconded by Council Member Karen Gibson to
approve Ordinance No. 2016-00069.
Vote: 7 - 0 Motion carried
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7. 8. Public Hearing 5:30 p.m.—Planning: Ordinance No. 2016-00070, for Zone Case 3047-QCT,
a request of AMD Engineering, LLC, for Oakmont Estates Investments of Lubbock,, LLC, for
a zoning change from R-I Specific Use to R-I Specific Use for Garden I-lornes on 9.937 acres
of unplatted land out of Block E-2, Section 23,4901 118th Street.
Mayor Robertson opened the public hearing at 6:49 p.m.
No one appeared to speak in favor or opposition.
Mayor Robertson closed the public hearing at 6:51 p.m.
Motion by Council Member Floyd Price, seconded by Council Member Karen Gibson to
approve Ordinance No. 2016-00070.
Vote: 7 - 0 Motion carried
7. 9. Ordinance -2nd Reading-Planning: Ordinance No. 2016-00059 annexing 338.349 acres
adjacent to the City limits located in Sections 39, Block D. L&SV Railroad Company Survey,
Abstract 6, Section 38, Block D, L&SV Railroad Company Survey, Abstract 856, and Section
40 Block D, L&SV Railroad Company Survey,Abstract 717, in Lubbock County, Texas,
generally located south of CR 5800, east of Avenue P, north of CR 5900, and west of the
current City limits running along Ash Avenue; adopting a service plan and establishing an
effective date.
Motion by Council Member Karen Gibson, seconded by Council Member Jeff Griffith to
approve Ordinance No. 2016-00059.
Vote: 6 - 0 Motion carried
Other: Mayor Glen C. Robertson (RECUSE)
7. 10. Resolution -Planning: Resolution No. 2016-RO158 authorizing the Mayor to execute
agreements in lieu of annexation pursuant to Section 212.127 of the Texas Local Government
Code or Section 43.035 of the Texas Local Government Code, as applicable, with each
eligible property owner located in the area of a proposed annexation containing approximately
2,39') acres generally located between one-half mile east of CR 2200 (University Avenue) and
approximately CR 1700 (Milwaukee Avenue), from the existing southern City limits to
approximately 660 feet south of CR 7500; said authorization to be effective only upon the
affirmative vote of the City Council to annex an area that contains the property subject to an
agreement in lieu of annexation.
Motion by Mayor Pro Tern Jim Gerit, seconded by COLHICil Member Floyd Price to approve
Resolution No. 2016-RO158 in regard to the Development Agreements in Lieu of Annexation
under Chapter 212.172 of the Texas Local Government Code.
Vote: 5 - 2 Motion carried
NAY: Council Member Jeff Griffith
Council Member Latrelle Joy
Note: Due to the passing of Resolution No. 2016-RO 158 in regard to the Development
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Agreements in Lieu of Annexation under Chapter 212.172 of the Texas Local Government
Code, no further action was needed in regard to the Development Agreements in Lieu Of
Annexation under Chapter 43.035 of the Texas Local Government Code.
7. 11. Ordinance-2nd Reading -Planning: Ordinance No. 2016-00054 annexing 2,393 acres
adjacent to the city limits located generally between an area described as one-half mile east of
CR 2200 (University Avenue) and approximately CR 1700 (Milwaukee Avenue), from the
exiting southern City limits to approximately 660 feet south of CR 7500; adopting a service
plan and establishing an effective date.
Andrew Paxton, Director of Planning; and Chad Weaver, City Attorney, gave comments and
answered questions from City Council.
Motion by Council Member Karen Gibson, seconded by Mayor Pro Tern Jim Gerlt to approve
Ordinance No. 2016-00054.
Vote: 5 -2 Motion carried
NAY: Council Member Jeff Griffith
Council Member Latrelle Joy
7. 12. Resolution - City Attorney. Resolution No. 2016-80159 accepting and approving the terms
of a Consent Decree in the matter of the UniledSlales QfAinerica v. CiIj?QfLubboek, Civil
Action No.: 5:15-cv-23)4, in the United States District Court for the Northern District of
Texas, Lubbock Division.
Chad Weaver, City Attorney, gave comments and answered questions from City Council.
Motion by Mayor Pro "fen-i Jim Gerlt, seconded by Council Member Jeff Griffith to approve
Resolution No. 2016-R0159.
Vote: 6 - I Motion carried
NAY: Mayor Glen C. Robertson
7. 13. Resolution- Councilman Victor Hernandez: Consider a resolution authorizing the City
Manager to accept, on behalf of the City Council, a donation of a certain property located at
1913 Baylor Street, Lubbock, Texas upon conditions and terms approved by the City Attorney,
This item was postponed.
Motion by Council Member Victor Hernandez, seconded by Mayor Pro Tern Jim Gerlt to
postpone this item to the May 12, 2016 Regular City Council Meeting,
Vote: 7-0 Motion carried
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April 28,2016 Page 14 of 18
7. 14. Ordinance 1st Reading -Building Inspection: Ordinance No. 2016-00072 amending
Article 28.09 of the Code of Ordinances of the City of Lubbock with regard to adoption of the
2012 International Building Code with local amendments,
Steve O'Neal, Chief Building Official, gave comments and answered questions from City
Council.
Motion by Mayor Pro Tem Jim Gerlt, seconded by Council Member Jeff Griffith to approve
Ordinance No. 2016-00072.
Vote: 6 - 0 Motion carried
Other: Council Member Karen Gibson (RECUSE)
7. 15. Ordinance 1st Reading-Building Inspection: Ordinance No. 2016-00073 amending
Chapter 28, Article 28.10 of the Code of Ordinances of the City of Lubbock with regard to
adoption of the 2012 International Plumbing Code with local amendments.
Steve O'Neal, Chief Building Official, gave comments and answered questions from. City
Council.
Motion by Mayor Pro Tern Jim Gerlt, seconded by Council Member Jeff Griffith to approve
Ordinance No. 2016-00073.
Vote: 6 - 0 Motion carried
Other: Council Member Karen Gibson (RECUSE)
7. 16. Ordinance 1st Reading -Building Inspection: Ordinance No. 2016-00074 amending
Chapter 28 of the Code of Ordinances of the City of Lubbock with regard to adoption of the
2012 International Mechanical Code with local amendments.
Steve O'Neal, Chief Building Official, gave comments and answered questions from City
Council.
Motion by Mayor Pro rem jim, Gerlt, seconded by Council Member Jeff Griffith to approve
Ordinance No. 2016-00074.
Vote: 6 - 0 Motion carried
Other: Council Member Karen Gibson (RECUSE)
7. 17. Ordinance 1st Reading-Building Inspection: Ordinance No. 2016-00075 amending
Chapter 28, Article 28.15 of the Code of Ordinances of the City of Lubbock with regard to the
adoption of the 2012 International Fuel Gas Code with local amendments.
Steve O'Neal, Chief Building Official, gave a presentation and answered questions from City
Council.
Cyril Reasoner, Chair of the Model Codes & Construction Advisory Board, gave comments
and answered questions from City Council.
Regular City Council Meeting
April 28,2016 Page 15 of 18
Main Motion by Mayor Pro Tern Jim Gerlt, seconded by Council Member Floyd Price to
approve Ordinance No. 2016-00075.
Motion by Council Member Latrelle Joy, seconded by Council Member Victor Hernandez to
adopt the Report of the Special Fuel Gas Subcommittee into the record.*
Vote: 6 -0 Motion carried
Other: Council Member Karen Gibson (RECUSE)
Vote on Main Motion with Additional Request for the Record: 6 - 0 Motion carried
Other: Council Member Karen Gibson (RECUSE)
*The Report of the Special Fuel Gas Subcommittee will be filed with Ordinance No.
2016-00075.
7. 18. Ordinance 1st Reading-Building Inspection: Ordinance No. 2016-00076 amending
Chapter 28,Article 28.14 of the Code of Ordinances of the City of Lubbock with regard to the
adoption of the 2012 International Residential Code with local amendments.
Steve O'Neal, Chief Building Official, gave comments and answered questions from City
Council.
Motion by Mayor Pro Tem Jim Gerlt, seconded by Council Member Jeff Griffith to approve
Ordinance No. 2016-00076.
Vote- 6 -0 Motion carried
Other: Council Member Karen Gibson (RECUSE)
7. 19. Ordinance 1st Reading- Councilwoman Karen Gibson: Ordinance No. 2016-00077
amending Chapter 24 of the Code of Ordinances, City of Lubbock, Texas, regulating vehicles
for hire; establishing applicable permits; amending Chapter 24 with regard to repealing
outdated and antiquated provisions; amending provisions to encompass revised practices;
providing definitions; providing for a penalty; providing for a savings clause: providing for
publication.
Thomas Harris 111, Deputy City Secretary, gave a presentation and answered questions from
City Council.
Chris Miller, Public Policy Manager for Texas for Uber Technologies; and Chad Weaver,
City Attorney, gave comments and answered questions from City Council.
Main Motion with First Amendment by Council Member Karen Gibson, seconded by
Mayor Pro Tem Jim Gerlt to approve Ordinance No. 2016-00077 with the following
amendments:
e Page 3, section 24.001.002 "Transportation-for-Hire Service": Add terms digital
network and transportation network company service to the definition.
Regular City Council Meeting
April 28,2016
Page 16 of 18
• Page 4, section 24.001.002 "Transportation Network Company": Add terms digital
network and operating authority to the definition.
•Page 5, section 24.01.004: Add subsection allowing the Chief of Police the right to
audit records of operating authorities and transportation network companies; Add
subsection allowing, Chief of Police to inspect records of driver that is the source of a
complaint.
•Page 8. section 24,01.01.2 (3): Remove term "(b and c)."
• Page 19, section 24.02.069 (2)(a): Add term "or"
• Page 24, section 24.03.002 (6): Remove language referencing Texas DPS and replace it
with a national third-party background check provider.
• Page 24, section 24.03.002 (7): Adjust the requirements of a driver's identification card
to allow it to be either physical or digital, and to remove the requirement to list various
City of Lubbock phone numbers on the card.
• Page 26, section 24,03.007 (1): Remove requirement that drivers abstain frorn
intoxicating Substances within eight (8) hours prior to performing a service for a
transportation network company.
•Page 27, section 24,03.008 (])(a): Change the term "rate" to "fare"
• Page 27-28, section 24.03.020: Adjust the requirements of a driver's identification card
to allow it to be either physical or digital, and to remove the requirement to list various
City of Lubbock phone numbers on the card.
• Page 29, section 24.03.021 (3)(iii), (4), (5): Remove the requirement that a
transportation network company certify that any of its drivers not be subject to an
outstanding arrest warrant in the State of Texas.
• Page 29, section 24.031.022: Adjust the requirements of a driver's identification card to
allow it to be either physical or digital; and, Remove language referencing Texas DPS
language and replace it with a national third-party background check provider.
• Page 29, section 24.03.023 (1): Adjust the requirements of driver's identification card
to allow it to be either physical or digital.
• Page ')0, section 24.03.023 (3): Add language "driver has failed" to the provision.
• Page 30-31, section 24.03.023) (4): Remove this subsection.
• Page 31,1, section 24.031.024: Adjust the requirements of a driver's identification card to
allow it to be either physical or digital., and to remove the requirement to list various
City of Lubbock phone numbers on the card.
• Page ')2, section 24.03.060: Add term "the" to the provision.
•Page 33, section 24,03.067 (1): Remove the term "Pay Pat" Frorn the provision.
Motion by Council Member Karen Gibson, seconded by Mayor Pro Tern Jim Gerit to
suspend the rules, allowing a citizen to speak on this itern.
Vote: 7 - 0 Motion carried
Motion with Second Amendment by Council Member Latrelle .loy, seconded by Council
Member Jeff Griffith to approve Ordinance No. 2016-00077 with the following amendments:
• Page 3: strike the definition of"Off-highway Vehicle".
• Page 19: strike Section 24.02.070 "Additional requirements for off-highway vehicles".
• Page 34: strike Section 24,03.069 "Additional requirements for off-highway vehicles".
• That remaining Sections of the Ordinance be renumbered accordingly.
• That the remainder ofthe Ordinance be conformed as required by the foregoing.
Vote on Second Amendment: 7 - 0 Motion carried
Regular City Council Meeting
April 28,2016 Page 17 of 18
Vote on Main Motion with Both Amendments: 6 - 0 Motion carried
NAY: Mayor Glen C. Robertson
7. 20. Consider and possibly take action to waive the attorney/client privilege in connection with the
report presented to City Council by Mr. Toni Riney on Jul), 15, 201:).
).
This item was deleted.
7. 21. City Secretary - Board Appointments: Consider two appointments to the Animal Services
Advisory Board,two appointments to the Audit and Investment Committee, two appointments
to the Junked Vehicles Compliance Board, three appointments to the Public Transit Advisory
Board, and one appointment to the Zoning Board of Adjustment.
Animal Services Advisory Board: Motion by Mayor Pro Toni Jim Gerlt, seconded by
Council Member Jeff Griffith to repurpose Dr. Eric Cunningham to the Licensed Veterinarian
position replacing Dr. Lane Preston; and appoint Anita Blakey to replace Dr. Eric
Cunningham as the Animal Welfare Representative.
Vote: 7 - 0 Motion carried
Audit and Investment Committee:
Motion by Council Member Jeff Griffith, seconded by Council Member Karen Gibson to
appoint Clayton Ratterree to replace Mark Bass.
Vote: 7 - 0 Motion carried
Motion by Mayor Pro Toni Jim Gerlt, seconded by Council Member Karen Gibson to
reappoint Terisa Clark.
Vote: 7 - 0 Motion carried
Junked Vehicles Compliance Board: Motion by Mayor Pro Tom Jirn Gerlt, seconded by
Council Member Jeff Griffith to appoint Ruby Dial to replace Zachary Gilbert; and appoint
Joni Yardley to replace Kurt Metcalf.
Vote: 7 - 0 Motion carried
Public Transit Advisory Board: Motion by Mayor Pro Tern Jim Gerlt, seconded by Council
Member Karen Gibson to reappoint Pamela Brink, Margie Jefferson, and T.J. Patterson.
Vote: 7 - 0 Motion carried
Zoning Board of Adjustment: Motion by Council Member Karen Gibson, seconded by
Council Member Latrelle Joy to appoint Zane Vaughn to replace Jordan McKay as the
alternate position.
Vote: 7 - 0 Motion carried
Regular City Council Meeting
April 28,2016 Page 18 of 18
8:52 P.M. CITY COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Robertson adjourned the
meetin'-.
The April 28, 2016 Regular City Council Meeting minutes were approved by the City Council on
the 26th day of May, 2016.
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DANIEL M. POPE, MAYOR
ATTES'F:
Reb .cca Gama, City Secrctarj�