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HomeMy WebLinkAboutMinutes - City Council - Regular - 09/08/2016 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING September 8, 2016 4:00 P. M. The City Council of the City of Lubbock,Texas met in regular session on the 8th of September, 2016, in City Council Chambers, City Hall, 1625 13th Street, Lubbock,Texas at 4:00 p.m. 4:01 P.M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street,Lubbock,Texas Present: Mayer Daniel M. Pope; Mayer 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 .lames Loomis; City Secretary Rebecca Garza; City Attorney Chad Weaver Note: City Council addressed agenda items in the following order: •Executive Session; 2.1-2.5; Citizen Comments (Sign-ups) 3.1; 4.1; 5.1-5.9; 5.11; 5.13-5.20; 5.10; 5.12; 5.21; and 6.1-612. Lj i 1. Executive Session The meeting recessed at 4:01 p.m. and reconvened in Executive Session under the provisions of Section 551,Texas Government Code. City Council recessed from Executive Session at 4:31 p.m.The regular meeting was called back into a public session at 5:16 p.m. 1. 1. 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: 1. 1. 1. City Attorney 1. 1. 2. City Manager 1. 1. 3. City Secretary 2. Proclamations and Presentations 2. 1. Invocation by Pastor Kennith Lawrence, Dominion Holy Ghost Deliverance Tabernacle Pastor Kennith Lawrence, Dominion Holy Ghost Deliverance Tabernacle, led the invocation. Regular City Council Meeting September 8,2016 Page 2 of 10 2. 2. Pledges of Allegiance Pledges of Allegiance were given by those in Council Chambers to the United States and Texas flags. 2. 3. Presentation of a Special Recognition to Mosaic in Lubbock in recognition of Mosaic's 30th Anniversary of serving, advocating, and providing opportunities for people with intellectual disabilities. Council Member Shelia Patterson Harris presented a special recognition to Mosiac in Lubbbock recognizing Mosaic's 30th Anniversary. Kim Davis, Mosaic's Community Relations Manager; and Nancy Laird, Mosaic's new Director, appeared to accept the special recognition, 2. 4. Presentation of a Special Recognition to First Responders, in partnership with Prosperity State Bank, Lubbock Independent School District, and the City of Lubbock, for organizing this year's annual American Tribute Flag Field. Mayor Dan Pope presented a special recognition honoring American Tribute Flag Field and Lubbock's First Responders, including Police, Fire, Sheriffs Department, and EMS. Many of Lubbock's First Responders appeared to accept the recognition. Harry Zimmerman from Prosperity State Bank, as well as representatives from Lubbock Independent School District and the City of Lubbock were also in attendance, as they organize and sponsor this event each year. Mr. Zimmerman gave comments and thanked the Mayor and City Council. 2. 5. Presentation of'a Special Recognition to the American Foundation for Suicide Prevention, recognizing September as Suicide Prevention Month in Lubbock. Council Member Karen Gibson presented a special recognition to the American Foundation for Suicide Prevention to recognize September as Suicide Prevention Month in Lubbock. Several supporters of the American Foundation for Suicide Prevention appeared. Renee Reding Ross, Kelly Fortney, and Kylie Boyd gave their testimonies in connection with suicide. Mariah Williams, with the American Foundation for Suicide Prevention, gave comments and thanked the Mayor and City Council for their support. 3. 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 spealc at the City Council meeting itself, completing the form provided at the meeting,with regard to any item posted on the City Council agenda. 3. 1. Sign-ups: •Gordon Harris appeared before the City Council to speak in opposition of item 6.11 (Zone Case 3293 - shooting gallery). ® Mike] Ward appeared before the City Council to commend the City Council members on their work on item 6.1 (Budget) and gave her opinion on several portions of the budget. • Susan Tomlinson appeared before the City Council to speak in favor of Parks and Regular City Council Meeting September 8,2016 Page 3 of 10 Recreation projects in regard to item 6.1 (Budget). 4. Minutes 4. 1. July 19, 2016 Special City Council Meeting - Electric Utility Board July 28,2016 Regular City Council Meeting August 2, 2016 Special City Council Meeting August 9, 2016 Special City Council Meeting August 11, 2016 Regular City Council Meeting Motion by Council Member Jeff Griffith,seconded by Council Member Steve Massengale to approve the July 19,2016 Special City Council Meeting- Electric Utility Board minutes; the July 28, 2016 Regular City Council Meeting minutes;the August 2,2016 Special City Council Meeting minutes,the August 9, 2016 Special City Council Meeting minutes;and the August 11, 2016 Regular City Council Meeting minutes. Vote: 7-0 Motion carried 5. 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 Mayor Pro Tern Latrelle Joy to approve items 5.1-5.9; 5.11;and 5.13-5.20. Vote: 7-0 Motion carried 5. 1. Budget Amendment Ordinance 2nd Reading- Finance: Ordinance No. 2016-00127, Amendment 39, amending the FY 2015-16 operating budget for municipal purposes respecting the General Fund to increase Non-Departmental Special Projects for election costs;providing for filing;ling; and providing for a savings clause. 5.2. Budget Amendment Ordinance 2nd Reading- Finance: Ordinance No. 2016-00128, Amendment 40,amending the FY 2015-16 budget for municipal purposes respecting the Water Fund to increase Water Treatment Other Utilities for Canadian River Municipal Water Authority (CRMWA)repair costs; providing for riling; and providing for a savings clause. 5.3. Budget Amendment Ordinance 2nd Reading- Finance: Ordinance No.2016-00122, Amendment 41,amending the FY 2015-16 budget for municipal purposes respecting the Lake Alan Henry Fund to increase employee overtime benefits; providing for filing; and providing for a savings clause. 5.4. Budget Amendment Ordinance 2nd Reading- Finance: Ordinance No. 2016-00123, Amendment 42,amending the FY 2015-16 budget for municipal purposes respecting the Abandoned Motor Vehicle Fund to appropriate additional revenue and expenses; providing for filing; and providing for a savings clause. Regular City Council Meeting September 8,2016 Page 4 of 10 5.5. Budget Amendment Ordinance 2nd Reading-Finance: Ordinance No. 2016-00124, Amendment 43, amending the FY 2015-16 budget for municipal purposes respecting the Grant Fund to accept and appropriate funding from the Federal Transit Administration (FTA) for the Section 5339 Federal Grant; and additional funding from the FTA for the FY 2013-14 and FY 2015-16 Section 5310 Federal Grants; respecting the Transit Fund to increase the Transfer from Operating for Local Match;providing for riling; and providing for a savings clause. 5.5. 1. Resolution -Transit: Resolution No. 2016-80300 authorizing the City Manager, or his designee,to execute a FY 2013,2014,2015 Federal Transit Administration(FTA) Section 5339 Grant,to be used for the purchase of replacement paratransit vans. (Citibus) 5.5. 2. Resolution-Transit: Resolution No. 2016-80301 authorizing the City Manager,or his designee,to execute a FY 2014, FY 2015, FY 2016 Federal Transit Administration Section 5310 Grant(TX-2016-047-00), to help enhance the mobility of elderly individuals and individuals with disabilities. 5.6. Ordinance 2nd Reading-Finance: Ordinance No. 2016-00125, the ninth supplemental ordinance of the City Council of the City of Lubbock, updating the Vintage Township Public Improvement District(PID) Service and Assessment Plan and Assessment Roll. 5.7. Budget Amendment Ordinance 1st Reading-Finance: Ordinance No. 2016-00137, Amendment 44,amending the FY 2015-16 budget for municipal purposes respecting the Emergency Management Fund to decrease the Transfer from the General Fund; and respecting the General Fund to decrease the Transfer to Grants; providing for riling;and providing for a savings clause. 5.8. Budget Amendment Ordinance 1st Reading-Finance: Ordinance No. 2016-00138, Amendment 45,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 Safety City- Providing Education Today for a Safer Tomorrow Grant and the Selective Traffic Enforcement Program(STEP) Comprehensive Grant; respecting the General Fund to increase the Transfer to the Grant Fund and reduce the Police Department Operating Budget; providing for riling; and providing for a savings clause. 5.9. Resolution -Finance: Resolution No. 2016-80302 authorizing approval of the Lubbock Emergency Communication District(LECD) Budget for Fiscal Year 2016-17. 5. 10. Resolution -Accounting: Resolution No.2016-80311 approving a bond issuance by Lubbock Health Facilities Development Corporation providing for bond funding for Providence Health & Services. Kevin Rule, Debt and Investments Analyst;Joe Eckert,with McCall Parkhurst& Horton, L.L.P.; and Sonya Shaw, Director of Treasury Services at St. Joseph Health System,gave comments and answered questions from City Council. Motion by Council Member Karen Gibson, seconded by Council Member Jeff Griffith to approve Resolution No. 2016-8031 1. Vote: 6-0 Motion carried Regular City Council Meeting September 8,2016 Page 5 of 10 Other: Mayor Daniel M. Pope(RECUSE) 5. 11. Ordinance Amendment 2nd Reading-Public Works Traffic Engineering: Ordinance No.2016-00126 amending Section 20.05.102 of the Code of Ordinances of the City of Lubbock, with regard to the establishment of speed limits. 5. 12. Resolution—Public Works Engineering: Resolution No. 2016-RO312 authorizing the Mayor to execute Contract 12943 with CSA Construction,Inc. of Houston,TX, for Improvements to the North and South Water Treatment Plants, RFP-16-12943-T1~. Wood Franklin, Director of Public Works,gave comments and answered questions from City Council. John Turpin, Chief Water Engineer, gave a presentation and answered questions from City Council. Motion by Council Member Steve Massengale, seconded by Council Member Jeff Griffith to approve Resolution No. 2016-R0312. Vote: 7-0 Motion carried 5. 13. Resolution -Public Works Engineering: Resolution No. 2016-RO303 authorizing the Mayor to execute Contract 12995 with Ronnie Zahn Paving, Inc. of Lubbock,TX, for the Buddy Holly Center Asphalt Repair, ITB 16-12995-TF. 5. 14. Resolution-Transit: Resolution No. 2016-RO304 authorizing the Mayor to execute a Transportation Development Credits Agreement, Texas Department of Transportation (TxDOT) Project#TDC 1601 (05),with TxDOT for Citibus. 5. 15. Resolution•Transit: Resolution No. 2016-80305 authorizing the Mayor to execute a Contract 13045 between the Lubbock Metropolitan Planning Organization(LMPO)and City of Lubbock/Citibus, for Citibus data services. 5. 16. Resolution-Public Works Traffic Engineering: Resolution No. 2016-80306 authorizing the Mayor to execute Contract 13023 with the Lubbock Metropolitan Planning Organization (LMPO),for traffic monitoring and reporting services which provides information and crash data to update the LMPO Congestion Management Plan. 5. 17. Resolution -GIS and Data Services.- Resolution No.2016-RO307 authorizing the Mayor to execute Contract 13017 with the Lubbock Metropolitan Planning Organization (LMPO)for Geographic Information System (GIS)data and services. 5. 18. Resolution-Information Technology: Resolution No.2016-80308 ratifying the emergency Purchase Order Contract 33000756 with Dell Marketing LP in the amount of $102,691.98 for equipment to replace the damaged chassis, servers, and switches at the data center. 5. 19. Resolution-Fleet Services: Resolution No. 2016-RO309 authorizing the Mayor to execute Purchase Order Contract 31028885 with Associated Supply Company,Inc. for four(4) wheels with diamond cleats for an ALJON Compactor located at the City Landfill. Regular City Council Meeting September 8,2016 Page 6 of 10 5.20. Resolution-Police: Resolution No. 2016-1103 10 authorizing the Mayor to execute for and on behalf of the City of Lubbock, an application and related documents for Contract 13026 for inclusion of the City of Lubbock Police Department in the Texas Department of Public Safety-Texas 1033 Military Surplus Property Program, as agent for the United States Department of Defense (DOD), for the transfer of excess U. S. DOD personal property for use by law enforcement agencies. 5.21. Resolution -Lubbock Power and Light: Resolution No. 201.6-80313 approving an Interlocal Agreement to allow licensed law enforcement personnel of the Lubbock County Sheriffs Office and Lubbock County Criminal District Attorney's Office to have limited access to the City of Lubbock/LP&L Utility Database to gather information for the purpose of locating wanted fugitives and suspects in active criminal investigations. Richard Casner, General Counsel for LP&L; and Chad Weaver, City Attorney, gave comments and answered questions from City Council. Main Motion: by Council Member Karen Gibson,seconded by Council Member Jeff Griffith to approve Resolution No. 2016-110313. Motion to Amend: by Council Member Steve Massengale, seconded by Council Member Jeff Griffith to amend item 5.21 as follows: "That Section 2, subpart (iv) of the Interlocal Agreement attached to the introductory resolution in your packet, which subpart sets forth volume or units of utility usage as an accessible category of information, be stricken from the Section, and that conforming changes be made to the agreement and resolution, as needed." Vote on Amendment: 4- 3 Motion carried NAY. Mayor Pro Tem Latrelle Joy Council Member Juan A. Chadis Council Member Shelia Patterson Harris Vote on Main Motion with Amendment: 4-3 Motion carried NAY:Mayor Pro Tern Latrelle Joy Council Member Juan A. Chadis Council Member Shelia Patterson Harris 6. Regular Agenda 6. 1. Ordinance 2nd Reading-Finance: Ordinance No.2016-00135 approving and adopting a budget for Fiscal Year 2016-17;approving summary of estimated and forecasted revenues, appropriations, and utilization of net assets for all funds of the City; providing for necessary transfers of funds between accounts and departments, if required; authorizing reduction of spending by City Manager if necessary;providing for filing of adopted budget; establishing civil service classifications and positions; appropriating funds for the Fiscal Year 2016-17 Operating Budget and Capital Program of the City of Lubbock; approving inclusion of equipment and property to be purchased as a part of the vehicle/equipment debt financing program; authorizing the Mayor to appropriate certain funding during a duly declared state of disaster; approving all permit, license, fees,and charges for service recommended to be Regular City Council Meeting September 8,2016 Page 7 of 10 adjusted;approving the pay plan and positions;accepting the budgets for Lubbock Economic Development Alliance, Market Lubbock, Inc., Civic Lubbock, Inc., and Vintage Township Public Facilities Corporation; finding that proper notice of meeting provided by law and ratifying such; providing for publication; and providing for a savings clause. Cheryl Brock, Budget Director,gave a presentation and answered questions from City Council. Main Motion: by Council Member Steve Massengale, seconded by Council Member Karen Gibson to approve Ordinance No. 2016-00135. Motion to Amend: by Council Member Jeff Griffith,seconded by Council Member Karen Gibson to amend item 6.1, Section 13 as follows: "Section 13. That the pay plan is approved as set forth in Exhibit 0, and that the amount of the compensation adjustments included at the fund level in the Adopted Fiscal Year 2016-2017 Operating Budget and Capital Program is authorized to be spread across the related cost centers, with an effective date of January 1, 2017. Said compensation adjustment shall not include the City Manager, the City Attorney, and the City Secretary." Vote on Amendment: 7- 0 Motion carried Vote on Main Motion with Amendment: 7-0 Motion carried 6.2. Resolution -Finance: Resolution No.2016-80314 ratifying the adoption of the FY 2016-17 budget that raises more tax revenue than was generated in the previous year. Motion by Mayor Pro Tern Latrelle Joy, seconded by Council Member Shelia Patterson Harris to approve Resolution No. 2016-80314. Vote: 7-0 Motion carried 6.3. Ordinance 2nd Reading—Finance: Ordinance No. 2016-00136 setting the tax rate and levying a tax upon all property subject to taxation within the City of Lubbock for 2016; apportioning said levy among the various funds and items for which revenue must be raised; fixing the times in which said taxes shall be paid and assessing penalty and interest for nonpayment of such taxes within the time provided. Chad Weaver,City Attorney, gave comments and answered questions from City Council. Motion by Council Member Steve Massengale, seconded by Council Member Jeff Griffith that the property tax rate be increased by the adoption of a tax rate of 0.53802, which is effectively a 3.88 percent increase in the tax rate. Vote: 7-0 Motion carried Regular City Council Meeting September 8,2016 Page 8 of 10 6.4. Resolution—Finance: Resolution No. 2016-R0315 amending the allocation of the Hotel Occupancy Tax Revenues for FY 2016-17 and distributing receipts, net collection expenses, as authorized in Subsection 18.03.001(b)(2)of the Code of Ordinances of the City of Lubbock. Cheryl Brock, Budget Director, gave comments and answered questions from City Council. Motion by Council Member Karen Gibson, seconded by Council Member Shelia Patterson Harris to approve Resolution No. 2016-110315. Vote: 7-0 Motion carried 6.5. Ordinance 1st Reading-Finance: Ordinance No. 2016-00139 amending subsection 22.04.041(b) of the Code of Ordinances of the City of Lubbock by revising wastewater flow rates as contained therein and providing an effective date for such;providing for publication; and providing for a savings clause. Cheryl Brock, Budget Director,gave comments and answered questions from City Council. Motion by Mayor Pro Tern Latrelle Joy, seconded by Council Member Karen Gibson to approve Ordinance No. 2016-00139. Vote: 7 -0 Motion carried 6.6. Ordinance 2nd Reading—Planning: Ordinance No.2016-00129, for Zone Case 3289, a request of Betenbough Homes, Inc. for a zoning change from R-I to C-3 Specific Use and R-I Specific Use for commercial sustainable fanning on 172.864 acres of unplatted land out of Block D6, Sections I and 2, 7801 and 7901 4th Street, 8101 4th Street, and 709 Alcove Avenue. Motion by Council Member Karen Gibson, seconded by Council Member Shelia Patterson Harris to approve Ordinance No. 2016-00129. Vote: 7 -0 Motion carried 6.7. Ordinance 2nd Reading—Planning: Ordinance No.2016-00130, for Zone Case 2427-A, a request of Reagor Dykes Auto Group, for CP Realty, LLC, to amend the conditions of Ordinance 8511 to allow used automobile and recreational vehicle sales and service on Tract B-2,Mr. Postman Addition, 6524 19th Street. Motion by Council Member Karen Gibson, seconded by Council Member Shelia Patterson Harris to approve Ordinance No. 2016-00130. Vote: 7-0 Motion carried 6.8. Ordinance 2nd Reading—Planning: Ordinance No. 2016-00131, for Zone Case 3047-R, a request of AMD Engineering, LLC, for McMahan Development, LLC, for a zoning change from R-1 Specific Use for reduced setbacks to R-I Specific Use garden homes on Lots 29, 30, 60 through 67, Estates at Vintage Addition, 11802, 11804 Troy Avenue, 12001 through 12008 Upton Avenue. Regular City Council Meeting September 8,2016 Page 9 of 10 Motion by Council Member Karen Gibson, seconded by Council Member Shelia Patterson Harris to approve Ordinance No. 2416-00131. Vote: 7-0 Motion carried 6.9. Ordinance 2nd Reading—Planning: Ordinance No.2016-00132, for Zone Case 3291,a request of Hugo Reed and Associates, Inc.,for John Owens,for a zoning change from R-1 and T to C-2 on 5 acres of unplatted land out of Block E, Section 9, 1901 82nd Street. Motion by Council Member Karen Gibson, seconded by Council Member Shelia Patterson Harris to approve Ordinance No. 2016-010132. Vote: 7-0 Motion carried 6. 10. Ordinance 2nd Reading--Planning: Ordinance No.2016-014133, fgr'Zone Case 3292,a request of Hugo Reed and Associates, Inc.,for Capital Growth Buchalter, Inc., for a zoning change from IHC,A-2, A-3 to CA Specific Use on 4.5 acres of land out of Lot A, Blankenship#2 Addition,2812 4th Street, 301 and 303 Detroit Avenue, 2805 3rd Street. Motion by Council Member Karen Gibson, seconded by Council Member Shelia Patterson Harris to approve Ordinance No. 2016-00133. Vote: 7 -0 Motion carried 6. 11. Ordinance Ind Reading—Planning: Ordinance No. 2016-00134, for Zone Case 3293, a request of Glen Robertson,for Texas Four Bar R Investments LTD, for a zoning change from CB4 to C-4 Specific Use for a shooting gallery, conditional use, and all unconditionally permitted CB4 uses on Lots 33-40 Block 1 Dupree Subdivision, 1917-1931 Texas Avenue. Dennis Carrizales,Planning and Zoning Manager,gave comments and answered questions from City Council. Motion by Council Member Karen Gibson, seconded by Council Member Jeff Griffith to approve Ordinance No. 2016-00134. Vote: 6 - 1 Motion carried NAY: Council Member Shelia Patterson Harris 6. 12. Board Appointments -City Secretary: Consider moving Zane Vaughn from an "Alternate" position to a "Member" positron on the Zoning Board of Adjustment; and designate Jim White's position as "Alternate". Motion by Council Member Karen Gibson, seconded by Council Member Shelia Patterson Harris to move Zane Vaughn from an "Alternate" positron to a "Member" position on the Zoning Board of Adjustment;and designate Jim White's position as "Alternate". Vote: 7- 0 Motion carried Regular City Council Meeting September 8,2016 Page 10 of 10 6:53 P.M. CITY COUNCIL ADJOURNED There being no further business to come before Council, Mayor Pope adjourned the meeting. The September 8, 2016 Regular City Council Meeting minutes were approved by the City Council on the 13th day of October, 2016. DANIEL M. POP 7, MAYOR Rebec(a Garza, City Secretl-