HomeMy WebLinkAboutMinutes - City Council - Regular - 07/14/2016 CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
July 14, 2016
1:30 P. M.
The City Council of the City of Lubbock,Texas met in regular session on the 14th of July,2016,in
City Council Chambers,City Hall, 162513th Street,Lubbock,Texas at 1:30 p. in.
1:31 P.M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street,Lubbock,Texas
Present: Mayor Daniel M. Pape; Mayor Pro Tem Latrelle Joy; Council Member Karen
Gibson; Council Member Jeff Griffith; Council Member Steve Massengale; Council
Member Shelia Patterson Harris; City Manager James Loomis; City Secretary
Rebecca Garza; City Attorney Chad Weaver
Absent: Council Member Juan A. Chadis
Note: City Council addressed agenda items in the fallowing order:
1.1; Executive Session; 3.1-3.2; Citizen Comments (Sign-ups) 4.1; 5.1; 6.1; 6.3; 6.5; 6.9;
6.11-6.13; 6.2; 6.4; 6.6-6.7; 6.10; 614; 7.1; 7.3-7.6; 7.8-7.12; and 7.2.
•Items 6.8 and 7.7 were 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 and discussion of the Proposed FY 2016-17 Operating Budget and Capital
Program; and discuss all funds and operations of the City.
Cheryl Brock, Budget Director,gave a presentation on the FY 2016-17 Operating Budget and
Capital Program regarding all funds and operations of the City,and answered questions from
City Council.
The proposed tax rate of 53.802 was presented to the City Council.
James Loomis,City Manager; Scott Snider,Assistant City Manager; Kelly Campbell,
Director of Aviation; Andy Burcham, Chief Financial Officer for LP&L; Wood Franklin,
Director of Public Works; Maurice Pearl,General Manager of Citibus; and David McCalla,
Director of Electric Utilities/CEO for LP&L,gave comments and answered questions from
City Council.
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July 14,2016 Page 2 of 11
2. Executive Session
The meeting recessed at 3:40 p.m. and reconvened in Executive Session under the
provisions of Section 551,Texas Government Code. City Council recessed from
Executive Session at 4:47 p.m. Tile regular meeting was called back into a public session
at 5:17 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 West
TCXaS MUllicipal Power Agency Board of Directors.
2. 2. Hold an executive session in accordance with the Texas Government Code, Section 551.072,
to deliberate the purchase, exchange. Icase, or value of real property.
2.2. 1. Property located at 1120 14th Street, legal description Lots 8, 9, and 10, Block 148,
Original town to the City Of Lubbock.
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 Father,lonathan Phillips, Associate Pastor, Holy Spirit Catholic Church
Father Jonathan Phillips, Associate Pastor, Holy Spirit Catholic 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.
4. Citizen Comments - Pursuant to City Council Resolution 2014-80320, 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-Up 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.
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4. 1. Sign-ups:
•Carol Hooper,Jorine Christian, and Ann Holt appeared before City Council to speak in
opposition of item 7.2 (Zone Case 1123-E).
#Trace Hunt,Daniel A. Hughes,Michelle Logan,and Zac Garth appeared before City
Council to speak in favor of item 7.2(Zone Case 1123-E).
5. Minutes
5. 1. June 7, 2016 Special City Council Meeting
June 9, 2016 Regular City Council Meeting
Motion by Council Member Steve Massengale, seconded by Council Member Karen
Gibson to approve the June 7,2016 Special City Council Meeting minutes and the June 9,
2016 Regular City Council Meeting minutes.
Vote: 6-0 Motion carried
Other: Council Member Juan A. Chadis(ABSENT)
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 Karen Gibson, seconded by Council Member Jeff Griffith to
approve items 6.1; 6.3; 6.5; 6.9; and 6.11-6.13.
Vote: 6-0 Motion carried
Other: Council Member Juan A. Chadis(ABSENT)
6. 1. Budget Amendment Ordinance 2nd Reading-Finance: Ordinance No. 2016-00098,
Amendment 33, amending the FY 2015-16 budget for municipal purposes respecting the
Vehicle Purchase Master Lease and the Airport Fund to revise the method of purchasing a
snow sweeper; providing for filing; and providing for a savings clause.
6.2. Budget Amendment Ordinance 2nd Reading- Finance: Ordinance No. 2016-00099,
Amendment 34, amending the FY 2015-16 budget for municipal purposes respecting the
North and East Lubbock Neighborhood and Infrastructure Fund to appropriate additional
revenue from Oil and Gas Royalties and increase the appropriation to the North and East
Lubbock CDC;and respecting the Central Business District(CBD) TIF Fund to increase the
transfer from the North and East Lubbock Neighborhood and Infrastructure Fund; providing
for filing; and providing for a savings clause.
Cheryl Brock, Budget Director,gave comments and answered questions from City Council.
Motion by Council Member Jeff Griffith, seconded by Mayor Pro Tern Latrelle Joy to
approve Ordinance No. 2016-00099.
Vote: 5 - I Motion carried
NAY: Council Member Karen Gibson
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Other: Council Member Juan A. Chadis(ABSENT)
6.3. Budget Amendment Ordinance 1st Reading-Finance: Ordinance No. 2016-00100,
Amendment 35,amending the FY 2015-16 budget for municipal purposes respecting the
Grant Fund to accept and appropriate funding from the Federal Emergency Management
Agency (FEMA)/Texas Division of Emergency Management(TDEM)for the Public
Assistance Subgrant; accept and appropriate additional funding from the Texas Department of
Housing and Community Affairs(TDHCA) for the Comprehensive Energy Assistance
Program(CEAP) Grant; providing for riling; and providing for a savings clause.
6.4. Budget Amendment Ordinance 1st Reading-Finance: Ordinance No.2016-00101,
Amendment 36,amending the FY 2015-16 budget for municipal purposes respecting the
Capital Program to amend Capital Improvement Project(CIP) 92399,Gateways;and to
establish CIP 92432, Utility Infrastructure Upgrades/Rclocations,providing for filing,and
providing for a savings clause.
Cheryl Brock, Budget Director,gave comments and answered questions from City Council.
Motion by Council Member Shelia Patterson Harris,seconded by Council Member Karen
Gibson to approve Ordinance No. 2016.00101.
Vote: 6-0 Motion carried
Other: Council Member Juan A. Chadis (ABSENT)
6.5. Ordinance 2nd Reading-Right-of-Way: Ordinance No. 2016-00079 abandoning and
closing a drainage easement located in Section 16, Block E-2, Lubbock County, Texas,
located west of 106th Street and York Avenue.
6.6. Ordinance 1st Reading—Right-of-Way: Ordinance No. 2016-00102 abandoning and
closing the north 8-foot of an existing 40-foot wide right-of-way easement located in Section
35, Block AK, Lubbock County, Texas.
Wood Franklin, Director of Public Works,gave comments and answered questions from City
Council.
Motion by Council Member Karen Gibson, seconded by Council Member Jeff Griffith to
approve Ordinance No.2016-00102.
Vote: 6-0 Motion carried
Other: Council Member Juan A. Chadis (ABSENT)
6.7. Resolution-Engineering.- Resolution No. 2016-80228 authorizing the Mayor to
execute contract 12908 with MH Civil Constructors, Inc. to widen and realign Glenna
Goodacre Boulevard, ITB 16-12908-TF.
Wood Franklin, Director of Public Works, gave comments and answered questions from City
Council.
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Motion by Council Member Steve Massengale, seconded by Council Member Karen
Gibson to approve Resolution No. 2016-110228.
Vote: 6 -0 Motion carried
Other: Council Member Juan A. Chadis (ABSENT)
6.8. Ordinance 1st Reading-Planning: Consider an ordinance amending Chapter 8, Section
8.19.006,of the Code of Ordinances of the City of Lubbock,Texas in regard to the removal
of certain restrictions on the permitted locations of mobile food vendors;providing a penalty
clause;providing a savings clause; and providing for publication.
This item was deleted.
6.9. Resolution-Planning: Resolution No. 2016-RO224 for approval of a site plan and
elevations review as required by Ordinance 8718 on Lots I and 2, Cooper Meadow Addition,
11106 and 11108 Acme Avenue.
6. 10. Resolution-Facilities: Resolution No.2016-R0229 authorizing the Mayor to execute
contract 12832 with WR Construction, Inc. for the installation of a new 3-stop hydraulic
passenger elevator at City Hall located at 1625 13th Street, RFP 16-12832-SS.
Mark Yearwood,Assistant City Manager;and James Loomis, City Manager, gave comments
and answered questions from City Council.
Motion by Council Member Jeff Griffith, seconded by Council Member Karen Gibson to
approve Resolution No.2016-80229.
Vote: 5 -0 Motion carried
Other: Mayor Pro Tem Latrelle Joy(RECUSE)
Council Member Juan A. Chadis(ABSENT)
6. 11. Resolution -Fleet Services: Resolution No.2016-R0225 authorizing the Mayor to execute
contract 12842 with Lubbock Wrecker Service, Inc. for Heavy Duty Towing Services,ITB
16-12842-SS.
6. 12. Resolution-Health: Resolution No.2016-80226 authorizing the Mayor to execute contract
2016-001290-00 for and on behalf of the City of Lubbock, a Medicaid Provider Agreement,
and any associated documents by and between the City of Lubbock and the Texas Health and
Human Services Commission.
6. 13. Resolution -Community Development: Resolution No.2016-R0227 authorizing the Mayor
to execute Amendment I to the Community Development Funding Agreement based on the
recommendations made by the Community Development Services Board(CDSB)to
reallocate unspent Community Development Block Grant(CDBG) funds administered by U.
S. Department of Housing and Urban Development(HUD) to Volunteer Services Council of
L the Lubbock State Supported Living Center.
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6. 14. Resolution -Print Shop: Resolution No.2016-RO230 authorizing the Mayor to execute
Amendment I to lease agreement contract 12828 with Xerox Corporation for digital
reproduction equipment.
Motion by Council Member Steve Massengale, seconded by Council Member Jeff Griffith to
approve Resolution No. 2016-R0230.
Vote: 5 -0 Motion carried
Other: Mayor Daniel M. Pope (RECUSE)
Council Member Juan A. Chadis (ABSENT)
7. Regular Agenda
7. 1. Public Hearing 5:30 p.m.-Planning: Ordinance No. 2016-00103, for Zone Case 2243-C
and 2243-D, a request of City of Lubbock for a zoning change from C-2 and C-2 Design
Historic, DH,to CB-1 and CB-1 Design Historic, DH, Overton, South half of Blocks 41,56,
71, 85,99,North half of Blocks 25, 42, 55, 84, 100, the south 135 feet of Block 26, Tract A,
the North 129.7 feet of Block 72 Tracts A and B, Block 120 lots 3 through 8 and the South 18
feet of the West 67.5 feet of lot 9, Block 12 lots I through 3 and lots 8 through 10, Block 11,
West half of lot 8, and various adjacent Rights of Way, Broadway from University Avenue to
approximately Avenue Q.
Chad Weaver, City Attorney,gave comments and answered questions from City Council.
Mayor Pope opened the public hearing at 5:55 p.m.
No one appeared to speak in favor or opposition.
Mayor Pope closed the public hearing at 5:56 p.m.
Motion by Mayor Pro Tern Latrelle Joy, seconded by Council Member Karen Gibson to
approve Ordinance No. 2016-00103.
Vote: 6 -0 Motion carried
Other: Council Member Juan A. Chadis (ABSENT)
7.2. Public Hearing 5:30 p.m. -Planning: Ordinance No. 2016-00107, for Zone Case
1123-E, a request of Hugo Reed and Associates, Inc., (for Living Purpose Romans 8,
LLQ for a zoning change from R-1 and C-4 Specific Use to C-4 Specific Use on 20.1
acres of platted and unplatted land out of Block E-2, Section 25, Lot 306-B, and West
60 feet of Lot 305, Midway Park Addition, 5110 29th Drive.
Andrew Paxton, Director of Planning; Greg Stevens, Chief of Police; and Chad
Weaver, City Attorney, gave comments and answered questions from City Council.
Mayor Pope opened the public hearing at 6:43 p.m.
John Hart, Cindy Brailey, Carol Jean Bartlett, Holly Holder(gave a presentation), Alan
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Henry, and Bill Harriger appeared to speak in opposition.
Kai Evans (gave a presentation), Jim Evans, Madison Maes, Tammy Owens, Darryl
Holland, Terry Holeman (gave a presentation), and Meredith Wideman appeared to
speak in favor.
Mayor Pope closed the public hearing at 9:12 p.m.
#1 Motion by Council Member Steve Massengale, seconded by Council Member
Shelia Patterson Harris to postpone this item to the July 28, 2016 Regular City Council
Meeting.
Vote: 3 - 3 Failed
NAY: Mayor Dan Pope
Council Member Karen Gibson
Council Member Jeff Griffith
Other: Council Member Juan A. Chadis (ABSENT)
#2 Motion by Council Member Jeff Griffith, seconded by Council Member Karen
Gibson to approve Ordinance No. 2016-00107.
YQW 3 - 3 Failed
NAY: Council Member Latrelle Joy
Council Member Steve Massengale
Council Member Shelia Patterson Harris
Other: Council Member Juan A. Chadis (ABSENT)
#3 Motion by Council Member Steve Massengale, seconded by Council
Member Karen Gibson to reconsider this item.
Vote: 5 - 1 Motion carried
NAY: Council Member Latrelle Joy
Other: Council Member Juan A. Chadis(ABSENT)
#4 Motion by Council Member Jeff Griffith, seconded by Council Member Karen
Gibson to approve Ordinance No. 2016-00107 with the following amended
conditions, as offered by Council Member Steve Massengale:
1. That the property be exclusively tied to the site plan with uses limited to the
following:
a.Miniature golf,
b. Go-karts,
c. Bumper boats,
d. Paddle boats,
e. Zip line,
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f Ropes course,
g. Laser tag,
h. Bowling,
i. Restaurant,
j. Game room,
k. Nature and bike trail,
I. Group pavilion,
m. Elevated deck and walkway,
2. An amended site plan shall be prepared that is consistent with all conditions.
3. That the northern property line shall have a tree line buffer consisting of afghan
pines, with minimum size of a 30 gallon ball, planted no more than 15 feet on
center.
4. That the east property shall have a 6' solid screening fence, the north and west
property line shall have a ranch style, post and rail fence.
5. That all alcohol sales shall be contained within the building and patio, to be
consistent with TABC regulations.
6. That the zip line poles/towers shall be no more than 40 feet in height from the
natural ground level.
7. That any outdoor music shall comply with the City of Lubbock noise ordinance.
8. That the zip line hours of operation shall be 10 PM during daylight savings time
and 9 PM during non-daylight savings time.
9. And that staff shall be directed to revise the ordinance in conformance with all of
these components for consideration by the council on second reading.
Vote on #4 Motion as Amended: 6 - 0 Motion carried
Other: Council Member Juan A. Chadis (ABSENT)
7.3. Public Hearing 5:30 p.m.-Planning: Ordinance No. 2016-00104, for Zone Case 1811-B, a
request of Zac Garth, for Sharp Academy, for a zoning change from A-2 limited to a church
and church related uses to C-2A limited to a private school and offices on Tract B, Potomac
Park Addition, 8315 Indiana Avenue.
Mayor Pope opened the public hearing at 5:55 p.m.
No one appeared to speak in favor or opposition.
Mayor Pope closed the public hearing at 5:56 p.m.
Motion by Mayor Pro Tern Latrelle Joy, seconded by Council Member Karen Gibson to
approve Ordinance No. 2016-00104.
Vote: 6-0 Motion carried
Other: Council Member Juan A. Chadis(ABSENT)
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7.4. Public Hearing 5:30 p.m.—Planning: Ordinance No. 2016-00105, for Zone Case 2016-B,
a request of Carpenter's Church for a zoning change from A-1 to GO on Lot 16, Block 25,
Overton Addition, 1918 13th Street.
Mayor Pope opened the public hearing at 5:55 p.m.
No one appeared to speak in favor or opposition.
Mayor Pope closed the public hearing at 5:56 p.m.
Motion by Mayor Pro Tern Latrelle Joy, seconded by Council Member Karen Gibson to
approve Ordinance No. 2016-00105.
Vote: 6 -0 Motion carried
Other: Council Member Juan A. Chadis (ABSENT)
7.5. Public Hearing 5:30 p.m.—Planning: Ordinance No. 2016-00106, for Zone Case 2508-0,
a request of Sara Bradshaw, for Clearview Custom Homes,to amend the conditions of
Ordinance 8718 on Lots 21 through 27, Cooper Meadow Addition,2502- 2514 112th Street.
Mayor Pope opened the public hearing at 5:55 p.m.
No one appeared to speak in favor or opposition.
Mayor Pope closed the public hearing at 5:56 p.m.
Motion by Mayor Pro Tern Latrelle Joy, seconded by Council Member Karen Gibson to
approve Ordinance No. 2016-00106.
Vote: 6-0 Motion carried
Other: Council Member Juan A. Chadis(ABSENT)
7.6. Resolution-Planning: Resolution No.2016-80231 approving and granting a variance from
the applicable 300-feet minimum distance provisions of City of Lubbock Ordinance
2009-00060 at the location of 5402 4th Street, for an alcoholic beverage permit.
Andrew Paxton,Director of Planning,gave comments and answered questions from City
Council.
Motion by Council Member Karen Gibson, seconded by Council Member Jeff Griffith to
approve Resolution No.2016-8023 1.
Vote: 6-0 Motion carried
Other: Council Member Juan A. Chadis(ABSENT)
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7.7. Budget Amendment Ordinance 1st Reading-Finance: Consider Budget Ordinance
Amendment 27 amending the FY 2015-16 budget for municipal purposes respecting the
Capital Program to amend Capital Improvement Project(CIP)91170, Park Playground
Replacement; and to establish CIP 92431, Stumpy Hamilton Park Redevelopment Phase 1;
providing for filing;and providing for a savings clause; and discuss proposed street closure
and improvements at Stumpy Hamilton Park.
This item was deleted.
7.8. Resolution-City Secretary: Resolution No.2016-RO232 designating a Mayor Pro Tem.
Motion by Council Member Steve Massengale to approve Resolution No.2016-R0232,
designating Council Member Latrelle Joy to serve as Mayor Pro Tem.
Vote: 6-0 Motion carried
Other: Council Member Juan A. Chadis (ABSENT)
7.9. City Secretary-Board Appointment: Consider one appointment to the Transportation
Policy Committee of the Lubbock Metropolitan Planning Organization (LMPO).
Motion by Council Member Jeff Griffith,seconded by Council Member Karen Gibson to
appoint Mayor Dan Pope to serve on the Transportation Policy Committee of the Lubbock
Metropolitan Planning Organization (LMPO).
Vote: 6 -0 Motion carried
Other: Council Member Juan A. Chadis (ABSENT)
7. 10. City Secretary-Board Appointment: Consider one appointment to the West Texas
Municipal Power Authority Board of Directors.
Motion by Council Member Steve Massengale, seconded by Mayor Pro Tem Latrelle Joy to
appoint Mayor Dan Pope to serve on the West Texas Municipal Power Authority Board of
Directors.
Vote: 6-0 Motion carried
Other: Council Member Juan A. Chadis (ABSENT)
7. 11. City Secretary-Board Appointments: Consider three appointments of City Council
members to the South Plains Association of Governments (SPAG)Board.
Motion by Council Member Karen Gibson, seconded by Council Member Jeff Griffith to
appoint Council Members Juan A. Chadis, Steve Massengale, and Shelia Patterson Harris to
serve on the South Plains Association of Governments(SPAG) Board.
Vote: 6 -0 Motion carried
Other: Council Member Juan A. Chadis (ABSENT)
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7. 12. City Secretary - Board Appointment: Consider one appointment to Ports-to-Plains Board.
Motion by Mayor Pro Tern Latrelle Joy, seconded by Council Member Karen Gibson to
appoint Mayor Dan Pope to serve on the Ports-to-Plains Board.
Vote: 6- 0 Motion carried
Other: Council Member Juan A. Chadis (ABSENT)
10:28 P.M. CITY COUNCIL ADJOURNED
There being no further business to came berore Council, Mayor Pope adjourned the meeting.
The July 14, 2016 Regular City Council Meeting minutes were approved by the City Council on
the 25th day of August, 2016.
DANIEL M. POPE, MAYOR
ATTEST:
—k
Rebe ca Garza, City Secretary