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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/23/2018CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING L August 23, 2018 2:30 P.M. The City Council of the City of Lubbock, Texas met in regular session on the 23rd of August, 2018, in City Council Committee Room 103, City Hall, 1625 13th Street, Lubbock, Texas at 2:30 p.m. 2:37 P.M. CITY COUNCIL CONVENED City Council Committee Room 103, City Hall, 1625 13th Street, Lubbock, Texas Present: Mayor Daniel M. Pope; Mayor Pro Tern Jeff Griffith; Council Member Juan A. Chadis; Council Member Randy Christian; Council Member Steve Massengale; Council Member Shelia Patterson Harris; City Manager W. Jarrett Atkinson; City Secretary Rebecca Garza; City Attorney Chad Weaver Absent: Council Member Latrelle Joy Note: City Council addressed agenda items in the following order: •1.1-1.3, Executive Session, 3.1-3.3: Citizen Comments (Sign -tips) 4. 1; 5.1; 6.1-6.9; 611-621; 610; and 7.1-7.12. *Items 7.11 and 7.12 were postponed. 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. Presentation and discussion of the Proposed FY 2018-19 Operating Budget and Capital Program; and discuss all funds of the city, including but not limited to General Fund, Debt Service Fund, Internal Services, Enterprise Funds, Special Revenue Funds, Component Units, Related Entities, debt and debt obligations, Capital Improvement Program, and related/associated items; and take action to direct the City Manager to make changes to said Budget. Jarrett Atkinson, City Manager; Blu Kostelich, Chief Financial Officer; and Greg Stevens, Chief of Police, gave comments and answered questions from City Council. Mr. Atkinson recapped aspects of the Proposed Budget, including Revenues; Solid Waste Rates; Wastewater Rates; Oil and Gas Revenues; Property Tax Rate; Compensation Adjustment; Car Wash; and Capital Plan Review. Regular City Council Meeting August 23, 2018 Page 2 of 11 1.2. Hear and discuss a presentation by the Planning Department regarding current and future activities, and related matters. Jarrett Atkinson, City Manager, gave comments and answered questions from City Council. AJ Fawvcr, Director of Planning, gave a presentation and answered questions from City Council. 1.3. The City Council may discuss: 1) one or more Consent Agenda items that have been pulled from the Consent Agenda, pursuant to Lubbock City Council Rules; or 2) any item from the Regular Agenda, except an item that requires a public hearing. All public hearings will be held during consideration of the Regular Agenda. No action will be taken by the City Council during the Work Session. Mayor Daniel M. Pope briefed the City Council as to which consent agenda items would be pulled. 2. Executive Session The meeting recessed at 3:54 p.m. and reconvened in Executive Session under the provisions of Section 551, Texas Government Code. The meeting was called back into a public session at 5:22 p.m. 2.1. Hold an executive session in accordance with Texas Government Code, Section 551.071, with legal counsel for advice about pending or contemplated litigation or settlement agreement and on matters in which the duty of the attorney under the Texas Disciplinary Rules of Professional Conduct conflicts with Chapter 551. 2.2. 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. Auditorium/Coliseum 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 David Clifford, Westmont Christian Church Reverend David Clifford was unable to appear. Council Member Shelia Patterson Harris led the invocation. Regular City Council Meeting August 23, 2018 3.2. Pledges of Allegiance Page 3 of I I Pledges of Allegiance were given by those in Council Chambers to the United States and Texas flags. 3.3. Board Recognitions: Presented by Mayor Daniel M. Pope. Libraries Board Desiree Freyburger 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. 4.1. Sign-ups: • Mikel Ward appeared before the City Council to speak on item 1.1 (Proposed FY 2018-19 Operating Budget and Capital Program). 5. Minutes 5.1. July 26, 2018 Regular City Council Meeting Motion by Council Member Shelia Patterson Harris, seconded by Council Member Juan A. Chadis to approve the July 26, 2018 Regular City Council Meeting minutes. Vote: 6 - 0 Motion carried Other: Council Member Latrelle Joy (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 Juan A. Chadis, seconded by Council Member Steve Massengale to approve items 6.1-6.9; and 6.11-6.21 Vote: 6 - 0 Motion carried Other: Council Member Latrelle Joy (ABSENT) 6.1. Ordinance 2nd Reading - Finance: Ordinance No. 2018-00094, reviewing classifications for the methods of assessing special benefits for the services and improvements of property in the North Overton Public Improvement District (PID); approving, adopting, and filing with the City Secretary the assessment roll; levying 2018 assessments for the cost of certain services and improvements to be provided in the district during FY 2018-19; fixing charges and liens against the property in the district and against the owners thereol and providing for the collection of the assessment. Regular City Council Meeting August 23, 2018 Page 4 of 11 6.2. Ordinance 2nd Reading - Finance: Ordinance No. 2018-00095, reviewing classifications for the methods of assessing special benefits for the services and improvements of property in the North Point Public Improvement District (PID); approving, adopting, and filing with the City Secretary, the assessment roll; levying 2018 assessments for the cost of certain services and/or improvements to be provided in the district during FY 2018-19; fixing charges and liens against the property in the district and against the owners thereof, and providing for the collection of the assessment. 6.3. Ordinance 2nd Reading - Finance: Ordinance No. 2018-00096, reviewing classifications for the methods of assessing special benefits for the services and improvements of property in the Quincy Park Public Improvement District (PID); approving, adopting, and filing with the City Secretary, the assessment roll; levying 2018 assessments for the cost of certain services and improvements to be provided in the Quincy Park PID during FY 2018-19; fixing charges and liens against the property in the Quincy Park PID and against the owners thereof, and providing for the collection of the assessment. 6.4. Ordinance 2nd Reading - Finance: Ordinance No. 2018-00097, reviewing classifications for the methods of assessing special benefits for the services and improvements of property in the Valencia Public Improvement District (PID); approving, adopting, and filing with the City Secretary the assessment roll; levying 2018 assessments for the cost of certain services and improvements to be provided in the district during FY 2018-19; fixing charges and liens against the property in the district and against the owners thereof, and providing for the collection of the assessment. 6.5. Budget Amendment Ordinance 2nd Reading - Finance: Ordinance No. 2018-00092, Amendment 22, amending the FY 2017-18 Budget for municipal purposes respecting the Operating Budget and the Capital Program to amend Lubbock Business Park Tax Increment Financing (LBP TIF) Operating Budget; establish Capital Improvement Project (CIP) 92563 North King Street Project; providing for riling; and providing for a savings clause. 6.6. Budget Amendment Ordinance 2nd Reading - Finance: Ordinance No. 2018-00093, Amendment 23, amending the FY 2017-18 Budget for municipal purposes respecting the Grant Fund to accept and appropriate funding from the Texas Department of Transportation (TxDOT), for the Section 5304 Grant; providing for riling; and providing for a savings clause. 6.6. 1. Resolution - Transit Services: Resolution No. 2018-80260 authorizing the Mayor or his designee, to execute a FY 2019 Section 5304 planning grant, TxDOT PLN 1901 (04) 028_17, Project ID 51008010419, from the Texas Department of Transportation (TxDOT) for a Comprehensive Operational Analysis for Citibus. 6.7. Budget Amendment Ordinance 1st Reading -Finance: Ordinance No. 2018-00101, Amendment 24, amending the FY 2017-18 Budget for municipal purposes respecting the Capital Program to amend Capital Improvement Project 92435, Street Maintenance Program; providing for filing; and providing for a savings clause. 6.8. Resolution - Finance: Resolution No. 2018-80261 authorizing approval of the Lubbock Emergency Communication District (LECD) Budget for Fiscal Year 2018-19. 5 Regular City Council Meeting August 23, 2018 Page 5 of 11 6.9. Ordinance 2nd Reading — Right -of -Way: Ordinance No. 2018-00027 abandoning and closing a 48 -foot temporary drainage casement located in Section 10, Block E, just cast of 99th Place and Avenue S, Lubbock County, Texas. 6.10. Amendment Ordinance 2nd Reading — Engineering: Ordinance No. 2018-00100 amending City of Lubbock Code of Ordinances, Article 36.09 "UTILITY CONSTRUCTION IN PUBLIC RIGHTS-OF-WAY," to ensure proper performance of utility contractors working in public Rights -of -Way (ROW). Jarrett Atkinson, City Manager; and Mike Keenum, Division Director of Engineering/City Engineer, gave comments and answered questions from City Council. Main Motion by Mayor Pro Tem Jeff Griffith, seconded by Council Member Juan A. Chadis to approve Ordinance No. 2018-00100. Amendment Motion by Mayor Pro Tern Jeff Griffith, seconded by Council Member Steve Massengale to amend the ordinance in order to remove Section 36.09.036 (d) regarding the assessment of application fees. Vote on Amendment Motion Vote: 6 - 0 Motion carried Other: Council Member Latrelle Joy (ABSENT) Vote on Main Motion as Amended Vote: 6 - 0 Motion carried Other: Council Member Latrelle Joy (ABSENT) 6.11. Resolution — Engineering: Resolution No. 2018-RO262 authorizing the Mayor to execute Professional Service Contract 14034 with Kimley-Horn and Associates, Inc., for Upland Avenue paving improvements between 66th Street and 114th Street. 6.12. Resolution — Engineering: Resolution No. 2018-80263 authorizing the Mayor to execute Change Order No. 5 to Contract 12681 with Utility Contractors of America, Inc., for the Northwest Water Reclamation Plant Raw Sewage and Waste Activated Sludge Pipelines. 6.13. Resolution - Planning: Resolution No. 2018-RO264 authorizing the Mayor to sign Amendment No. 2 to Contract 13278 with Freese & Nichols, Inc., for the purpose of extending the contract termination date to February 8, 2019 (90 -day extension), in order to complete the Comprehensive Plan and Future Land Use Plan. 6.14. Resolution - Solid Waste: Resolution No. 2018-RO265 authorizing the Mayor to execute Contract 14172 with West Texas Paving Inc. of Lubbock, Texas for concrete roadway work at the City of Lubbock West Texas Regional Disposal Facility located near Abernathy, Texas. 6.15. Resolution - Aviation: Resolution No. 2018-RO266 authorizing the Mayor to execute and accept a grant agreement with the Federal Aviation Administration (FAA), to fund the Modification of the Terminal Building Project at Lubbock Preston Smith International Airport. Regular City Council Meeting August 23, 2018 Page 6 of 11 6.16. Resolution - Aviation: Resolution No. 2018-RO267 authorizing the Mayor to execute Contract 14154 with Hi -Lite Airfield Services for runway rubber removal at Lubbock Preston Smith International Airport. 6.17. Resolution - Aviation: Resolution No. 2018-80268 authorizing the Mayor to execute a lease agreement between the City of Lubbock and Roy Neal Insurance Agency at Lubbock Preston Smith International Airport. 6.18. Resolution - Transit Services: Resolution No. 2018-80269 authorizing the Mayor or his designee, to execute a FY 2017 Federal Transit Administration Section 5307 Grant, to provide operating assistance, preventative maintenance, Americans with Disabilities Act (ADA) paratransit, capital and planning assistance for Citibus. 6.19. Resolution - Transit Services: Resolution No. 2018-RO270 authorizing the Mayor or his designee, to execute a Fiscal Year 2019 Section 5307 Operating Grant, TxDOT URB 1901 (04), Project ID 51309010419, from the Texas Department of Transportation (TxDOT) for operating assistance for Citibus. 6.20. Resolution - GIS and Data Services: Resolution No. 2018-RO271 authorizing the Mayor to execute Contract 14234 with the Lubbock Metropolitan Planning Organization (LMPO) for Geographic Information System (GIS) data and demographic services. 6.21. Resolution - City Manager: Resolution No. 2018-80272 authorizing the Mayor to execute a service agreement with Blackridge to provide lobbying consulting services for the City of Lubbock. Regular Agenda 7.1. Public Hearing 5:15 p.m. — Finance: Conduct a public hearing on a proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by 3.36% (percentage by which the proposed tax rate exceeds the effective tax rate calculated under Chapter 26, Tax Code). Public Hearing Only. Jarrett Atkinson, City Manager, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 5:38 p.m. Mikel Ward and Carol Kenard appeared to speak in opposition. No one appeared to speak in favor. Mayor Pope closed the public hearing at 5:50 p.m. and gave the following statement: "The City Council will vote on the first reading of the tax rate at the August 30, 2018 Special City Council Meeting at 8:00 a.m. in City Council Chambers, City Hall, 1625 13th Street, Lubbock, Texas and will vote on the second and final reading of the tax rate at the September 13, 2018 Regular City Council Meeting at 5:15 p.m. in City Council Chambers, City Hall, 1625 l3th Street, Lubbock, Texas." Regular City Council Meeting August 23, 2018 Page 7 of 11 7.2. Public Hearing 5:15 p.m. - Planning: Resolution No. 2018-R0273 for annexation requested by Andra Jean Sanders, to annex an area of approximately 100 acres adjacent to the city limits of the City of Lubbock, located south of 146th Street and east of Quaker Avenue, and authorize the Mayor to execute an agreement in lieu of a petition to annex said property. Jarrett Atkinson, City Manager; Kristen Sager, Planning and Zoning Manager; and Chad Weaver, City Attorney, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 5-51 p.m. No one appeared to speak in opposition. Cory Dulin, proponent, appeared to speak in favor. Mayor Pope closed the public hearing at 5:57 pm. Motion by Council Member Steve Massengale, seconded by Mayor Pro Tem Jeff Griffith to approve Resolution No. 2018-R0273. Vote: 6 - 0 Motion carried Other: Council Member Latrelie Joy (ABSENT) 7.3. Public Hearing 5:15 p.m. - Planning: Ordinance No. 2018-00102 annexing approximately 100 acres of vacant land, in Block AK, Section 3, south of 146th Street and east of Quaker Avenue, for Andra Jean Sanders. Jarrett Atkinson, City Manager; and Kristen Sager, Planning and Zoning Manager, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 5:58 p.m. No one appeared to speak in favor or opposition. Mayor Pope closed the public hearing at 6:00 p.m. Motion by Mayor Pro Tem Jeff Griffith, seconded by Council Member Juan A. Chadis to approve Ordinance No. 2018-00102. Vote: 6 - 0 Motion carried Other: Council Member Latrelle Joy (ABSENT) 7.4. Public Hearing 5:15 p.m. — Planning: Ordinance No. 2018-00103, for Zone Case 2269-Q, a request of Kamal Zeitouni, for Ramsey Tarek, LLC, for a zoning change from Two Family District (R-2) to Garden Office (GO) on 0.137 acres of unplatted land out of Block E-2, Section 14, 9715 Orlando Avenue. Jarrett Atkinson, City Manager; and Kristen Sager, Planning and Zoning Manager, gave comments and answered questions from City Council. Regular City Council Meeting August 23, 2018 Page 8 of 11 Mayor Pope opened the public hearing at 6:01 p.m. No one appeared to speak in favor or opposition. Mayor Pope closed the public hearing at 6:03 p.m. Motion by Council Member Steve Massengale, seconded by Council Member Juan A. Chadis to approve Ordinance No. 2018-00103. Vote: 6 - 0 Motion carried Other: Council Member Latrelle Joy (ABSENT) 7.5. Public Hearing 5:15 p.m. — Planning: Ordinance No. 2018-00104, for Zone Case 2562-A, a request of Gary Andrews, for 56th & Slide, LLC, for a zoning change from Restricted Local Retail District (C -2A) to General Retail (C-3) on Lot 55-A and Tract E-1, Western Meadows Addition, 5112 56th Street. Jarrett Atkinson, City Manager; and Kristen Sager, Planning and Zoning Manager, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 6:04 p.m. No one appeared to speak in opposition. Cory Dulin, proponent, appeared to speak in favor. Mayor Pope closed the public hearing at 6:09 p.m. Motion by Mayor Pro Tern Jeff Griffith, seconded by Council Member Steve Massengale to approve Ordinance No. 2018-00104. Vote: 6 - 0 Motion carried Other: Council Member Latrelle Joy (ABSENT) 7.6. Public Hearing 5:15 p.m. — Planning: Ordinance No. 2018-00105, for Zone Case 3050-F, a request of Abacus Engineering, for Cooper Brooke Heights, for a zoning change from Garden Office District (GO) and Single -Family District (R-1) Specific Use, to Garden Office District (GO) and Restricted Local Retail District (C -2A), on Tracts D and K-1, Solaris Estates Addition, 12701 Quaker Avenue. Jarrett Atkinson, City Manager; and Kristen Sager, Planning and Zoning Manager, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 6:12 p.m. No one appeared to speak in favor or opposition. Mayor Pope closed the public hearing at 6:15 p.m. Regular City Council Meeting August 23, 2018 Page 9 of 11 Motion by Council Member Shelia Patterson Harris, seconded by Council Member Juan A. Chad is to approve Ordinance No. 2018-00105. Vote: 6 - 0 Motion carried Other: Council Member Latrelle Joy (ABSENT) 7.7. Public Hearing 5:15 p.m. — Planning: Ordinance No. 2018-00106, for Zone Case 3175-C, a request of Joey Nelson, for 806 Land Group- Jordan Wheatley, for a zoning change from Single Family District (R-1) to High Density Apartment District (A-2) on 10.63 acres of unplatted land out of Block JS, Section 7, north of Erskine Street and west of Frankford Avenue, 5828 Erskine Street. Jarrett Atkinson, City Manager; Kristen Sager, Planning and Zoning Manager; Cory Dulin, proponent; and Jordan Wheatley, proponent, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 6:16 p.m. No one appeared to speak in favor or opposition. Mayor Pope closed the public hearing at 6:18 p.m. Motion by Mayor Pro Tem Jeff Griffith, seconded by Council Member Shelia Patterson Harris to approve Ordinance No. 2018-00106. Vote: 6 - 0 Motion carried Other- Council Member Latrelle Joy (ABSENT) 7.8. Public Hearing 5:15 p.m. — Planning: Ordinance No. 2018-00107, for Zone Case 3308-A, a request of Joey Nelson, for Paul Stell- Stellar Development, for a zoning change from General Retail (C-3) and Single Family (R-1) Specific Use to High Density Apartment District (A-2) on 12 acres of unplatted land out of Block AK, Section 43, 7011 19th Street. Jarrett Atkinson, City Manager; and Kristen Sager, Planning and Zoning Manager, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 6:25 p.m. No one appeared to speak in favor or opposition. Mayor Pope closed the public hearing at 6:27 p.m. Motion by Council Member Juan A. Chadis, seconded by Council Member Steve Massengale to approve Ordinance No. 2018-00107. Vote: 6 - 0 Motion carried Other: Council Member Latrelle Joy (ABSENT) Regular City Council Meeting August 23, 2018 Page 10 of I I 7.9. Public Hearing 5:15 p.m. — Planning: Ordinance No. 2018-00108, for Zone Case 3324-B, a request of Joey Nelson, for Adooring Designs, for a zoning change from High -Density Apartment District (A-2) to Local Retail District (C-2) as amended by the Planning and Zoning Commission, on 3.9 acres of unplatted land out of Block AK, Section 43, 6907 and 7011 19th Street. F11 Jarrett Atkinson, City Manager; and Kristen Sager, Planning and Zoning Manager, gave comments and answered questions from City Council. Mayor Pope opened the public hearing at 6:28 p.m. No one appeared to speak in opposition. Cory Dulin, proponent, appeared to speak in favor. Mayor Pope closed the public hearing at 6:36 p.m. Motion by Mayor Pro Tem Jeff Griffith, seconded by Council Member Steve Massengale to approve Ordinance No. 2018-00108. Vote: 6 - 0 Motion carried Other: Council Member Latrelle Joy (ABSENT) 7.10. Ordinance 2nd Reading —Planning: Ordinance No. 2018-00099, for Zone Case 2968-B, a request of Hugo Reed and Associates, Inc., for James Morgan, Ltd., for a zoning change from Garden Office District (GO), to Apartment -Medical District (AM), on 2.5 acres of unplatted land out of Block E-2, Section 17, 3901 98th Street. Kristen Sager, Planning and Zoning Manager, gave comments and answered questions from City Council. Motion by Council Member Steve Massengale, seconded by Mayor Pro Tem Jeff Griffith to approve Ordinance No. 2018-00099. Vote: 6 - 0 Motion carried Other: Council Member Latrelle Joy (ABSENT) 7.11. Resolution - City Manager: Consider a resolution to adjust the membership of the Emergency Medical Service Advisory Committee. This item was postponed. Motion by Mayor Pro Tern Jeff Griffith, seconded by Council Member Steve Massengale to postpone this item indefinitely. Vote: 6 - 0 Motion carried Other: Council Member Latrelle Joy (ABSENT) Regular City Council Meeting August 23, 2018 1'a -0c I I of I I 7. 12. Board Appohitmeiits - City Secretary: Consider-,,tl)l)oiiitiiieiits to the F" mergeiicy Medical Service Advisory Committee. This item was postponed. Motion by Mayor Pro Tern .teff Griffith, seconded by Council Member Steve Massengale to postpone this item iridelinitely. Vote: 6 - 0 Motion carried Other: COLHICH Member Latrelle Joy (ABSF,.N']') 6:44 P.M. CITY COUNCIL AD, OURNED There being no further business to come- before Council, Mayor Pope adjourned the meeting, The August 23. 2018 Regular City COLUICil Meeting MillUteS were approved by the City COLHICil 011 the 27th day ol'Septetiiber, 2018. DANA I.. M. P0131-1', Mdyoi� ATTEST: Rebtc C '1 a Garza, City Se -eta] 4