HomeMy WebLinkAboutMinutes - City Council - Regular - 02/23/2017 CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
February 23, 2017
3:15 P.M.
The City Council of the City of Lubbock,Texas met in regular session on the 23rd of February,
2017,in City Council Committee Room 103,City Hall, 162513th Street, Lubbock,Texas at 3.15
p.m.
3:18 P.M. CITY COUNCIL CONVENED
City Council Committee Room 103,City Hall, 162513th Street,Lubbock,Texas
Present: Mayor Daniel M. Pope; Mayor Pro Tem Latrelle Joy; Council Member Juan A.
Chadis; Council Member Karen Gibson; Council Member Jeff Griffith; 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; 5.1; 6.1-6.11; 6.13-6.15; 6,12;
and 7.1-7,4,
"Item 7.4 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. Comprehensive Plan and Components, including the Comprehensive Land Use Plan.
Jarrett Atkinson,City Manager, gave comments and answered questions from City Council.
Andrew Panton, Director of Planning,gave a presentation and answered questions from
City Council. He presented the following proposed timeline to adopt a new Comprehensive
Land Use Plan:
•October 2016-Capital improvement project(C1P)approved by City Council
•March 13,2017- Request for proposal (RFP)closed
•March 23,2017- City Council to create and appoint a Steering Committee
•April 5, 2017 - Expected interviews to begin
•April - May 2017 - Contract with consultant approved by City Council
•August- October 2017- Future Land Use flan delivered to City Council
•April -May 2018 -Final Comprehensive Plan presented to the City Council
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February 23,2017 Page 2 of 8
1.2. The City Council may discuss:
1)one or more Consent Agenda items that have been pulled from the Consent Agenda,
pursuant to Resolution No. 2015-110205;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 3:56 p.m. and reconvened in Executive Session under the
provisions of Section 551,Texas Government Code. City Council recessed from
Executive Session at 4:27 p.m. The regular 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, 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. Discuss right-of-way acquisition as prescribed by the Uniform Relocation Assistance and
Real Property Acquisition for Federal and Federally-Assisted Programs,49 C.F.R. §24.
2.2. 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:
2.2. 1. City Attorney
2.2. 2. City Manager
2.2. 3. City Secretary
3. Proclamations and Presentations
3. 1. Invocation by The Reverend Jennifer Holder, Saint Christopher's Episcopal Church
The Reverend Jennifer Holder, Saint Christopher's 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
Texas flags.
3.3. Board Recognitions: Presented by Mayor Pro Tern Latrelle Joy
North Point PID Advisory Board:
Jonathon Blackwell
Fabian Gutierrez
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February 23,2017 rage 3 of 8
Fabian Gutierrez gave comments regarding the north Point Public Improvement District
Advisory Board.
Urban renewal Board/Neighborhood Redevelopment Commission:
- Stewart Townsen (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 tfte 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.
No one appeared to speak.
5. Minutes
5. 1. December 13, 2016 Special City Council Meeting - Electric Utility Board
Motion by Council Member Karen Gibson, seconded by Council Member Jeff Griffith to
approve the December 13, 2016 Special City Council Meeting (Electric Utility Board)
rn inWeS.
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 Steve Massengale, seconded by Mayor Pro `rein Latrelle Joy to
approve items 6.1-6.11; and 6.13-6.15.
Vote: 7 - 0 Motion carried
6. 1. Budget Amendment Ordinance 2nd Leading-Finance: Ordinance No. 2017-00020,
Amendment 13, amending the FY 2016-17 Adopted Budget for municipal purposes
respecting:the Grant Fund to accept and appropriate funding from the Texas Department of
Housing and Community Affairs (TDYICA) for the Comprehensive Energy Assistance
Program (CE"AP) Grant; to accept and appropriate funding from the Dallas Police
Department for the Internet Crimes Against Children (ICAC) Grant; providing for filing;
and providing for a savings clause.
6. 1. 1. Resolution - Community Development: resolution No. 2017-110079 authorizing the
Mayor to execute Community Development Funding Contract 13246 and all related
documents with Texas Department of Housing and Community Affairs (TDHCA) to
provide utility assistance to qualified low-income persons and families through the
Comprehensive Energy Assistance Program (CEAP) administered by Texas Department o!'
Housing and. Community Affairs (TDHCA).
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February 23,2017 Page 4 of 8
6. 1. 2. Resolution-Community Development: Resolution No. 2017-80480 authorizing the
Mayor to execute a Community Development Funding Contract 13247 and all related
documents with Lutheran Social Services of the South(LSSS)to provide utility assistance
to qualified low-income persons and families through the Comprehensive Energy
Assistance Program (CEAP)administered by Texas Department of Housing and
Community Affairs (TDHCA).
6. 1. 3. Resolution-Police Department: Resolution No. 20 1 7-8008 1 authorizing the Mayor to
execute a contract between the City of Dallas and the City of Lubbock Police Department-
Interlocal Agreement for ICAC (Internet Crimes Against Children) grant funding.
6.2. Budget Amendment Ordinance 2nd Reading-Finance: Ordinance No.2017-00021,
Amendment 14, amending the FY 2016-17 Adopted Budget for municipal purposes
respecting the Risk Management Fund to increase expenditures in the Self-Insurance
Administration cost center;providing for filing;and providing for a savings clause.
6.3. Budget Amendment Ordinance 2nd Reading-Finance: Ordinance No.2017-00022,
Amendment 15, amending the FY 2016-17 Adopted Budget for municipal purposes
respecting the Equipment Debt Financing Program and the Information Technology Fund to
revise the method of replacing rugged tablets, providing for filing;and providing for a
savings clause.
6.4. Budget Amendment Ordinance 1st Reading-Finance: Ordinance No. 2017-00024,
Amendment 16, amending the FY 2016-17 Adopted Budget for municipal purposes
respecting the Grant Fund to accept and appropriate funding from the United States Food
and Drug Administration(FDA)for the Retail Standards Grant Program;providing for ,
filing;and providing for a savings clause.
6.5. Budget Amendment Ordinance 1st Reading-Finance: Ordinance No. 2017-00025,
Amendment 17,amending the FY 2016-17 Adopted Budget for municipal purposes
respecting the General Fund to increase expenditures in the Parks Maintenance Department;
providing for filing; and providing for a savings clause.
6.6. Ordinance 2nd Reading—Right-of-Way: Ordinance No. 2017-00023 abandoning and
closing a 0.0050-acre tract of public right-of-way (216.5 sq. ft.), adjacent to Lot 14, Block
41, Overton Addition,at 2022 Broadway.
6.7. Resolution-Right-of-Way: Resolution No. 2017-80082 authorizing the Right-of-Way
Department to make an offer to Texas Tech University for the acquisition of 0.6361 acres of
land out of Section 18, Block A, for the widening of Erskine Avenue from Indiana Avenue
to Quaker Avenue.
6.8. Resolution-Right-of-Way: Resolution No.2017-80083 authorizing the Right-of-Way
Department to make an offer to Nanci Realty Corporation and John F. Masso for the
acquisition of 0.8648 acres of land out of Section 18, Block A, for the widening of Erskine
Avenue from Indiana Avenue to Quaker Avenue.
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February 23,2017 Page 5 of 8
6.9. Resolution- Right-of-Way: Resolution No.2017-ROO84 authorizing the Right-of-Way
Department to make an offer to Rita Garcia Aguero,Joe Garcia, Jesse Garcia, Cirilo Garcia,
and Eduardo Alvarez for the acquisition of 0.1819 acres of land out of Section 18, Block A,
for the widening of Erskine Avenue from Indiana Avenue to Quaker Avenue.
6. 10. Resolution-Right-of-Way: Resolution No.2017-ROO85 authorizing the Right-of-Way
Department to make an offer to The Estate of Gregoria Garcia,Deceased and Rita Garcia
Aguero,Joe Garcia,Jesse Garcia and Cirilo Garcia for the acquisition of 0.0913 acres of
land out of Section 18, Block A, for the widening of Erskine Avenue from Indiana Avenue
to Quaker Avenue.
6. 11. Resolution- Right-of-Way: Resolution No. 2017-ROO86 authorizing the Right-of-Way
Department to make an offer to Julia Anaya for the acquisition of 0.0913 acres of land out
of Section 18, Block A,for the widening of Erskine Avenue from Indiana Avenue to
Quaker Avenue.
6. 12. Resolution - Right-of-Way: Resolution No. 2017-ROO90 authorizing the Mayor to execute
a monitor well permit with InControl Technologies as the contractor for the Texas
Commission on Environmental Quality (TCEQ)Dry Cleaners Remediation Program.
Jarrett Atkinson, City Manager; and 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 Resolution No. 2017-ROO90.
Vote: 7-0 Motion carried
6. 13. Resolution -Water Utilities: Resolution No. 2017-ROO87 authorizing the Mayor to
execute Contract 13240,a professional services agreement with HDR Engineering, Inc., for
engineering services related to the preparation of the City's 2018 Strategic Water Supply
Plan.
6. 14. Resolution-Human Resources: Resolution No. 2017-ROO88 authorizing the Mayor to
execute Interlocal Agreement 13291 with Public Employee Benefits Alliance(PEBA) for
savings through volume purchasing and other benefits which reduce administrative costs
and increase efficiency.
6. 15. Resolution -Civic Centers: Resolution No. 2017-ROO89 authorizing the Mayor to execute
a Lease Agreement by and between the City of Lubbock and Lubbock Moonlight Musicals
Inc., for use of the Lubbock Moonlight Musicals Amphitheatre for five (5)annual periods
ending September 30, 2021.
7. Regular Agenda
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February 23,2017 Page 6 of 8
7. 1. Public Hearing 5:30 p.m.—Planning: Ordinance No.2017-00026, for Zone Case 3300, a
request of HHA Properties, LLC, for a zoning change from R-I(Single Family)to
M-I(Light Manufacturing)with limited uses on Lot 2 and East 134.4 feet of Lot 4, Block 3,
Trigg Heights Addition, 7804 Martin Luther King Jr. Boulevard (MLK)and 1503 East 80th
Street.
Andrew Paxton, Director of Planning;and Jarrett Atkinson,City Manager,gave comments
and answered questions from City Council.
Mayor Pope opened the public hearing at 5:28 p.m.
No one appeared to speak in opposition.
Tommy Alvarado,proponent with HHA Properties, LLC. appeared to speak in favor.
Mayor Pope closed the public hearing at 5:33 p.m.
Motion by Council Member Shelia Patterson Harris,seconded by Council Member Jeff
Griffith to approve Ordinance No.2017-00026.
Vote: 7-0 Motion carried
7.2. Public Hearing 5:30 p.m.—Planning: Ordinance No. 2017-00027,for Zone Case 3302, a
request of AMD Engineering, LLC, for Jordan Wheatley, for a zoning change from
T(Transitional) to A-2(High-Density Apartment) Specific Use for apartments,GO(Garden
Office), and C-4(Commercial) Specific Use, for mini-warehouses on 20.52 acres of
unplatted land out of Block E-2, Section 22, south of 114th Street and west of Memphis
Avenue.
Jarrett Atkinson, City Manager; Wood Franklin, Director of Public Works;Jordan
Wheatley,proponent; and Chad Weaver, City Attorney, gave comments and answered
questions from City Council.
Andrew Paxton, Director of Planning,gave a presentation and answered questions from
City Council.
Mayor Pope opened the public hearing at 5:35 p.m.
Marguerite Bourn,Dana Whitaker,and Karen Kirkpatrick,appeared to speak in opposition.
Cory Dulin, proponent with AMD Engineering, LLC, and Drew Anderson, President of the
Orchard Park Homeowners Association, appeared to speak in favor.
Mayor Pope closed the public hearing at 5:57 p.m.
Main Motion by Council Member Steve Massengale, seconded by Council Member Karen
Gibson to approve Ordinance No. 2017-00027. 1
Amendment Motion by Council Member Karen Gibson, seconded by Council
Member Shelia Patterson Harris to amend the conditions of Ordinance No. 2017-00027 by
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February 23,2017 Page 7 of 8
striking "g" as presented and replace it to read as follows:
"Section 1.(1)(g)All outdoor storage (RV, boats, or vehicles) is prohibited on
site."
Vote on Amendment Motion: 7-0 Motion carried
Vote on Main Motion with Amendment: 7 -0 Motion carried
7.3. Public Hearing 5:30 p.m.—Planning: Ordinance No.2017-00028, for Zone Case 3304 a
request of Hugo Reed and Associates, Inc., for Labrador Enterprises;Ltd., for a zoning: -
change from IHC(Interstate Highway Commercial)and T(Transitio'nal)to IDP(Industrial
Park) on 2.3 acres of unplatted land out of Block AK, Section 30, 8002 and 8102 Pontiac
Avenue.
Jarrett Atkinson, City Manager; and Andrew Paxton,Director of Planning, gave comments
and answered questions from City Council.
Mayor Pope opened the public hearing at 6:39 p.m.
No one appeared to speak in opposition.
Terry Holeman,proponent with Hugo Reed and Associates,Inc., appeared to speak in favor.
Mayor Pope closed the public hearing at 6:40 p.m.
Motion by Council Member Jeff Griffith, seconded by Council Member Shelia Patterson
Harris to approve Ordinance No. 2017-00028.
Vote: 7-0 Motion carried
7.4. Ordinance 1st Reading-Councilwoman Patterson Harris: Consider an ordinance
amending Chapter 14, "Noise",of the Code of Ordinances of the City of Lubbock,Texas,
by revising Article 14.04 to define unreasonable noise and noise violations; providing a
penalty; providing a savings clause; and providing for publication.
This item was postponed indefinitely.
Motion by Council Member Shelia Patterson Harris,seconded by Council Member Juan A.
Chadis to postpone this item indefinitely.
Vote: 7 -0 Motion carried
6:43 P.M. CITY COUNCIL ADJOURNED
There being no further business to come before Council,Mayor Pope adjourned the meeting.
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F'cbruary 23,2017 Page 8 of 8
The February 23, 2017 Regular City Council Meeting minutes were approved by the City Council on
the l3th(lay of'April, 2017.
DANIEL M. POPE, MKYOR
ATTEST:
eeGcLa Garza, City Secreta