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City of Lubbock, Texas
Regular City Council Meeting
Tuesday, September 8, 2020
Daniel M. Pope, Mayor
Jeff Griffith, Mayor Pro Tem, District 3
Juan A. Chadis, Councilman, District 1
Shelia Patterson Harris, Councilwoman, District 2
Steve Massengale, Councilman, District 4
Randy Christian, Councilman, District 5
Latrelle Joy, Councilwoman, District 6
     W. Jarrett Atkinson, City Manager
Chad Weaver, City Attorney
Rebecca Garza, City Secretary
http://www.mylubbock.us

City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas

City of Lubbock City Council Meetings are available to all persons regardless of disability. If you require special assistance, please contact the City Secretary's Office at 775-2061 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting.

Note: On occasion the City Council may consider agenda items out of order.

Pursuant to the Executive Orders of Governor Abbott, and other authority provided by the Texas Attorney General, the City Council will convene in-person and via video and/or teleconference.

 
1:30 p.m. - City Council convenes in City Council Chambers in Work Session regarding items for presentation and discussion on such issues that may require in-depth consideration by the City Council.  No action will be taken by the City Council in Work Session.
 
             
1.   Citizen Comments - According to Lubbock City Council Rules, any citizen wishing to appear before the meeting of the City Council, regarding Items 2.3, 2.4, and 2.5 on the Work Session Agenda, shall complete the sign-up form provided at the meeting, no later than 1:30 p.m.
 
2.   Hear and discuss presentations regarding the following and provide guidance to staff as appropriate.
 
2. 1.   Lubbock Cultural Arts Foundation Presentation of the Lubbock Music Friendly Community Designation







 
 
2. 2.   City Manager Staff Presentations and Recognitions
 
2. 2. 1.  
Colby VanGundy, Parks and Recreation Director
Joe Moudy, Emergency Management Director
Justin Musgraves, Deputy Director of Emergency Management
Alan Martin, Fire Marshal
Kelly Campbell, Director of Aviation - American Association of Airport Executives (AAAE), President
Brenda Haney, Solid Waste Management Director - Solid Waste Association of North America (SWANA), President
Brandon Sherwood, Commercial Plans Examiner - Building Plans Examiner Certification from International Code Council (ICC)
Whitely Green, Senior Commercial Plans Examiner (recently promoted) - Building Plans Examiner Certification from International Code Council (ICC)
Brack Bullock, Accounting Manager - Certified Public Accountant
Kiara Morgan, Buyer - Certified Texas Contract Manager
Jessie Montes, Buyer - Certified Texas Contract Manager
 
2. 3.   Presentation and discussion of the Proposed FY 2020-21 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 and associated items; and take action to direct the City Manager to make changes to said Budget.
 
2. 4.   Coronavirus (COVID-19) Update and Discussion including, but not limited to, Financial Impact, Response, Operational Adjustments and Impacts, and Proposed Coronavirus Relief Fund (CRF) Programs
 
2. 5.   Review the local State of Disaster and related restrictions
 
At the completion of the Work Session, City Council recesses into Executive Session.
 
3.   Executive Session
 
3. 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.
 
3. 1. 1.  
Cause No. 2019-534,498 - Delfine Mazzamuto & Anastacio Madrid v. City of Lubbock
 
3. 1. 2.  
Section 8.04 of the City of Lubbock Code of Ordinances regarding Game Rooms
 
 
3. 1. 3.  
Article IV of the City of Lubbock Charter
 
3. 1. 4.  
Emergency Management
 
3. 2. 9260   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 Building Board of Appeals, Electric Utility Board, Lubbock Central Appraisal District Board of Directors, Planning and Zoning Commission, and the Zoning Board of Adjustment.
 
Adjourn from Executive Session
 
4:30 p.m. - City Council reconvenes in Open Session in City Council Chambers.
 
4.   Ceremonial Items
 
4. 1.   Invocation
 
4. 2.   Pledges of Allegiance
 
Call to Order
 
5.   Citizen Comments - According to Lubbock City Council Rules, any citizen wishing to appear before a regular meeting of the City Council, regarding any matter posted on the City Council Agenda below,  shall complete the sign-up form provided at the meeting, no later than 5:00 p.m.
 
6.   Minutes
 
6. 1. 9244   July 21, 2020 Called Special City Council Meeting - Electric Utility Board
August 11, 2020 Regular City Council Meeting
August 19, 2020 Called Special City Council Meeting - Coffee with the Mayor
 
7.   Consent Agenda - Items considered to be routine are 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.
 
7. 1. 9191   Ordinance 2nd Reading - Finance: Consider Ordinance No. 2020-O0117, 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 2020 assessments for the cost of certain services and improvements to be provided in the district during FY 2020-21; fixing charges and liens against the property in the district and against the owners thereof; and providing for the collection of the assessment.
 
7. 2. 9193   Ordinance 2nd Reading - Finance: Consider Ordinance No. 2020-O0118, reviewing classifications for the methods of assessing special benefits for the services and improvements of property in the North Point PID; approving, adopting, and filing with the City Secretary the assessment roll; levying 2020 assessments for the cost of certain services and improvements to be provided in the district during FY 2020-21; fixing charges and liens against the property in the district and against the owners thereof; and providing for the collection of the assessment.
 
7. 3. 9194   Ordinance 2nd Reading - Finance: Consider Ordinance No. 2020-O0119, reviewing classifications for the methods of assessing special benefits for the services and improvements of property in the Quincy Park PID; approving, adopting, and filing with the City Secretary the assessment roll; levying 2020 assessments for the cost of certain services and improvements to be provided in the district during FY 2020-21; fixing charges and liens against the property in the district and against the owners thereof; and providing for the collection of the assessment.
 
7. 4. 9195   Ordinance 2nd Reading - Finance: Consider Ordinance No. 2020-O0120, reviewing classifications for the methods of assessing special benefits for the services and improvements of property in the Valencia PID; approving, adopting, and filing with the City Secretary the assessment roll; levying 2020 assessments for the cost of certain services and improvements to be provided in the district during FY 2020-21; fixing charges and liens against the property in the district and against the owners thereof; and providing for the collection of the assessment.
 
7. 5. 9196   Ordinance 2nd Reading - Finance: Consider Ordinance No. 2020-O0121, reviewing classifications for the methods of assessing special benefits for the services and improvements of property in the Bell Farms PID; approving, adopting, and filing with the City Secretary the assessment roll; levying 2020 assessments for the cost of certain services and improvements to be provided in the district during FY 2020-21; fixing charges and liens against the property in the district and against the owners thereof; and providing for the collection of the assessment.
 
7. 6. 9199   Ordinance 2nd Reading - Finance: Consider Ordinance No. 2020-O0122, the thirteenth Supplemental Ordinance updating the Vintage Township Public Improvement District Service and Assessment Plan and Assessment Roll.
 
7. 7. 9213   Budget Ordinance Amendment 2nd Reading - Finance: Consider Budget Ordinance 2020-O0109, Amendment 32, amending the FY 2019-20 Budget for municipal purposes respecting the Animal Assistance Fund and Criminal Investigation Fund; providing for filing; and providing for a savings clause.
 
7. 8. 9243   Budget Ordinance Amendment 1st Reading - Finance: Consider Budget Ordinance Amendment 33, amending the FY 2019-20 Budget for municipal purposes respecting the Lake Alan Henry Fund and Grant Fund to accept and appropriate funding from the Federal Transit Administration (FTA) for the Section 5339 and Section 5304 Grants; providing for filing; and providing for a savings clause.
 
7. 9. 9223   Resolution - Risk Management: Consider a resolution authorizing and directing the City Manager to purchase, for and on behalf of the City of Lubbock, airport and non-owned aircraft liability insurance coverage from Ace Property and Casualty Insurance Company, for which the premium amount shall not exceed $28,660.
 
7. 10. 9224   Resolution - Risk Management: Consider a resolution authorizing and directing the City Manager to purchase, for and on behalf of the City of Lubbock, Network Security Privacy Insurance coverage from Certain Underwriters at Lloyd’s of London, for which the premium amount shall not exceed $67,290.
 
7. 11. 9225   Resolution - Risk Management: Consider a resolution authorizing and directing the City Manager to purchase, for and on behalf of the City of Lubbock, property insurance by and between the City of Lubbock and Zurich American Insurance Company, in the amount of $50,000,000 coverage limit for Montford Dam, for a total premium in an amount not to exceed $141,749.
 
7. 12. 9226   Resolution - Risk Management: Consider a resolution authorizing and directing the City Manager to purchase, for and on behalf of the City of Lubbock, property insurance coverage with the insurers listed below and pursuant to the terms and conditions stated in the attached proposal, for a premium amount not to exceed a rate of $0.1981 per $100 of valuation, and said attachment is incorporated hereto as if fully set forth herein: Lloyd’s of London, National Fire & Marine Ins Company, Hallmark Specialty Ins Company, Zurich Ins Group, Everest Re Group, Ltd., Arch Specialty Ins Company, Ategrity Specialty Ins Company, Markel Ins Company, Lexington Ins Company, James River Ins Company, Scottsdale Ins Company, Mitsui Sumitomo Ins Company, RSUI Group, OneBeacon Ins Group, and Great American Ins Group.
 
7. 13. 9227   Resolution - Risk Management: Consider a resolution authorizing and directing the City Manager to purchase, for and on behalf of the City of Lubbock, excess liability insurance coverage from Old Republic Union Insurance Company, for which the premium amount shall not exceed $777,157.51.
 
7. 14. 9228   Resolution - Risk Management: Consider a resolution authorizing and directing the City Manager to purchase, for and on behalf of the City of Lubbock, boiler and machinery insurance coverage from Continental Casualty Company for which the premium amount shall not exceed a rate of $0.0031 per $100 equipment valuation.
 
7. 15. 9229   Resolution - Risk Management: Consider a resolution authorizing and directing the City Manager to purchase, for and on behalf of the City of Lubbock, property terrorism insurance coverage from Underwriters at Lloyd’s for which the premium amount shall not exceed a rate of $0.0022 per $100 valuation.
 
7. 16. 9234   Resolution - Risk Management: Consider a resolution authorizing and directing the City Manager to purchase, for and on behalf of the City of Lubbock, package liability insurance coverage from Gemini Insurance Company, for which the premium amount shall not exceed $589,144.50.
 
7. 17. 9236   Resolution - Risk Management: Consider a resolution authorizing and directing the City Manager of the City of Lubbock to bind and purchase property insurance coverage to include boiler and machinery for and on behalf of Lubbock Power and Light, the City's municipal electric utility, with a carrier, in an amount, and upon the terms acceptable to the City Manager, for which the premium amount shall not exceed a rate of $0.4746 per $100 valuation; and further authorize the City Manager to execute any routine documents and forms associated with said insurance coverage.
 
7. 18. 9237   Resolution - Risk Management: Consider a resolution authorizing and directing the City Manager to purchase, for and on behalf of the City of Lubbock, inland marine insurance coverage from Travelers Lloyd’s Insurance Company, for which the premium amount shall not exceed $16,658.00; pipeline liability insurance coverage from Federal Insurance Company, for which the premium amount shall not exceed $5,150; crime insurance coverage from Travelers Casualty & Surety Company of America, for which the premium amount shall not exceed $6,968; and drones hull and liability coverage from Global Aerospace, Inc., for which the premium shall not exceed $3,156.
 
7. 19. 9238   Resolution - Risk Management: Consider a resolution authorizing and directing the City Manager to purchase, for and on behalf of the City of Lubbock, workers’ compensation coverage from Texas Municipal League Intergovernmental Risk Pool (TMLIRP), for which the total amount shall not exceed $1,572,363.75.
 
7. 20. 8889   Ordinance 2nd Reading - Right-of-Way: Consider Ordinance No. 2020-O0046, abandoning and closing a 20-foot wide alley located adjacent to Lot 1, Edwards & Reed Addition to the City of Lubbock, Lubbock County, Texas, at 705 North Knoxville.
 
7. 21. 9230   Resolution - Engineering: Consider a resolution authorizing the Mayor to execute a Standard Utility Agreement (SUA) with the Texas Department of Transportation (TxDOT) for the Loop 88 Utility Relocation capital improvements project.
 
7. 22. 9192   Resolution - Public Works Water Utilities: Consider a resolution authorizing the Mayor to execute Contract No. 15375, with Pure Technologies US Inc./dba Wachs Water Services, for Water Distribution System Valve Maintenance.
 
7. 23. 9220   Resolution - Community Development: Consider a resolution granting the waiver of Payment in Lieu of Taxes (PILOT) for FY 2018 and FY 2019 for the Lubbock Housing Authority (LHA).
 
7. 24. 9231   Resolution - Information Technology: Consider a resolution authorizing the Mayor to execute Purchase Order 33001385, with Mythics, Inc., for the purchase of Software Update License and Support of Oracle JD Edwards Enterprise One and One View Reporting.
 
7. 25. 9232   Resolution - Lubbock Power & Light: Consider a resolution approving and accepting the Permanent Right of Access and Use from Texas Tech University (TTU), consisting of approximately 128 square feet, located in Block 102, Original Town of Lubbock, Lubbock County, Texas, according to the map, plat, and/or dedication deed thereof recorded in Volume 5, Page 384 Deed Records of Lubbock County, Texas, and as more fully described in Exhibit A attached to the Permanent Right of Access and Use, and authorizing the Mayor of the City of Lubbock to execute same.
 
7. 26. 9233   Resolution - Lubbock Power & Light: Consider a resolution authorizing the Mayor of the City of Lubbock to execute that certain Real Estate Purchase and Sale Agreement by and between X-Fab Texas, Inc. and the City of Lubbock, a Texas home-rule municipal corporation, regarding an approximately 10.352-acre tract of land, more or less, being a portion of Tract “A”, Texas Instruments Addition to the City of Lubbock according to the map, plat, and/or dedication deed thereof recorded in Volume 1363, Page 977, Deed Records of Lubbock County, Texas, to be used for the Lubbock Power & Light (LP&L) Yellow House Canyon Substation, approving and accepting the Warranty Deed regarding same, and authorizing payment for title and closing costs.
 
7. 27. 9261   Resolution - City Manager: Consider a resolution authorizing the Mayor to execute a Coronavirus Relief Fund (CRF) Funding Agreement, and all related documents, with Catholic Charities, Lubbock Diocese, for funding of the Mental Health Voucher Program.
 
8.   Regular Agenda
 
8. 1. 9148   Resolution - City Council: Consider a resolution continuing and affirming the Mayor's Declarations of Disaster regarding the COVID-19 (Coronavirus) pandemic.
 
8. 2. 9263   Ordinance 2nd Reading - Finance: Consider Ordinance No. 2020-O0123, approving and adopting a budget for Fiscal Year 2020-21; approving summary of estimated and forecasted revenues, appropriations, and use of excess reserves 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; re-appropriation of balances which support authorized obligations or encumbered; providing for filing of Adopted Budget; establishing civil service classifications and positions; appropriating funds for the Fiscal Year 2020-21 Operating Budget and Capital Program of the City of Lubbock; approving all permit, license, fees, and charges for service recommended to be adjusted; approving the pay plan and positions; approving personnel; amending Section 22.04.041 of the Code of Ordinances of the City of Lubbock by revising the wastewater fees for residential premises with no water meters as contained therein; amending Section 22.04.175 regulation 9 and 10 of the Code of Ordinances of the City of Lubbock by revising the disposal permit fees as contained therein; amending Section 22.06.051 of the Code of Ordinances of the City of Lubbock by revising the solid waste landfill service fees as contained therein; 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.
 
8. 3. 9267   Resolution - Finance: Consider a resolution ratifying the adoption of the FY 2020-21 Budget that raises more tax revenue than was generated in the previous year.
 
8. 4. 9264   Ordinance 2nd Reading - Finance: Consider Ordinance No. 2020-O0124, setting the tax rate and levying a tax upon all property subject to taxation within the City of Lubbock for 2020; 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.
 
8. 5. 9269   Resolution - Finance: Consider a resolution amending the allocation of the Hotel Occupancy Tax (HOT) Revenues for FY 2020-21 and distributing receipts, net of collection expenses, as authorized in Subsection 18.03.001(b)(2) of the Code of Ordinances of the City of Lubbock.
 
8. 6. 9177   Ordinance 2nd Reading - Planning: Consider Ordinance No. 2020-O0110, for Zone Case 0458-A, a request of Lubbock Aid Ambulance for Chad Ehler, for a zone change to Commercial District (C-4), from Local Retail District (C-2) at 2747 34th Street, located at the southeast corner of 34th Street and Canton Avenue, Jefferson Avenue Addition, Block 1, Lot 10.
 
8. 7. 9178   Ordinance 2nd Reading - Planning: Consider Ordinance No. 2020-O0111, for Zone Case 1598-J, a request of Camelot Village for Tri Star Investments, for a zone change to General Retail District (C-3) with a Specific Use for a Self-Storage Facility, from General Retail District (C-3) Specific Use, located south of 34th Street and west of Loop 289, on 0.7 acres of unplatted land out of Block AK, Section 37.
 
8. 8. 9179   Ordinance 2nd Reading - Planning: Consider Ordinance No. 2020-O0112, for Zone Case 2538-K, a request of Betenbough Homes, for a zone change to Two-Family Residential District (R-2), from High-Density Apartment District (A-2) at 2602 Upland Avenue, located at the southwest corner of 26th Street and Upland Avenue, on 11.4 acres of unplatted land out of Block AK, Section 42.
 
8. 9. 9184   Ordinance 2nd Reading - Planning: Consider Ordinance No. 2020-O0113, for Zone Case 3414, a request of Ronnie Wallace for Betenbough Homes, for a zone change to Two-Family District (R-2) from Transition District (T), located west of Avenue P and south of 130th Street, on 9.839 acres of unplatted land out of Block E, Section 16.
 
8. 10. 9186   Ordinance 2nd Reading - Planning: Consider Ordinance No. 2020-O0114, for Zone Case 3415, a request of AMD Engineering, LLC for Marvin Crossnoe – MRXNO, LLC, for a zone change to High-Density Apartment District (A-2) from Single-Family Residential District (R-1), located at the northwest corner of Iola Avenue and 29th Street, on 2.04 acres of unplatted land out of Block AK, Section 44.
 
8. 11. 9187   Ordinance 2nd Reading - Planning: Consider Ordinance No. 2020-O0115, for Zone Case 3416, a request of Grayson Harrist, for a zone change to Light Manufacturing District (M-1) from Transition District (T) at 9411 Avenue P, located at the northeast corner of 96th Street and Avenue P, Rhoades Acres Addition, Lot 1 less the east 37.5 feet.
 
8. 12. 9190   Ordinance 2nd Reading - Planning: Consider Ordinance No. 2020-O0116, a request for annexation, from Four EC, LLC, to annex an area of approximately 72 acres adjacent to the western city limits of the City of Lubbock, north of 50th Street, and east of Alcove Avenue.
 
8. 13. 9198   Resolution - Planning: Consider a resolution approving and granting a variance from the applicable 300-foot minimum distance provisions of the City of Lubbock Ordinance No. 2009-O0060, at 7717 Milwaukee Avenue, Suites 100 and 200, for an alcoholic beverage permit for Ollie's Liquor.
 
8. 14. 9219   Resolution - Finance: Consider a resolution authorizing approval of the Lubbock Emergency Communication District (LECD) Budget for Fiscal Year 2020-21.
 
8. 15. 9242   Resolution - Lubbock Power & Light: Consider a resolution adopting the Electric Rate/Tariff Schedule (Tariff) of Lubbock Power & Light (LP&L), the City of Lubbock's municipally owned electric utility, applicable to all rate classes, effective October 1, 2020.
 
8. 16. 9270   Board Appointments - City Secretary: Consider a resolution nominating a candidate for a position on the Board of Directors of the Lubbock Central Appraisal District.
 

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