HomeMy WebLinkAboutMinutes - City Council - Regular - 12/15/2020CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
December 15, 2020
2:00 P. M.
The City Council of the City of Lubbock, Texas met in regular session on the 15th of December, 2020,
via video conference and teleconference, at 2:00 p.m.
2:02 P.M. CITY COUNCIL CONVENED
Video Conference and Teleconference
Present: Mayor Daniel M. Pope; Mayor Pro Tern Steve Massengale; Council Member Juan A. Chadis;
Council Member Randy Christian; Council Member Jeff Griffith; Council Member Latrelle Joy;
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:
• Citizen Comments 1; 2.1; Executive Session; 4.1-4.2; Citizen Comments 5; 6.1; 7.2-7.3;
7.5-7.11; 7.13-7.17; 7.1; 7.4; 7.12; 8.1-8.4; 8.6-8.8; 8.5; and 8.9-8.10.
• Items 8.5 and 8.9 failed.
1. Citizen Comments - Any citizen wishing to address the City Council, regarding items in
the Work Session, may submit a citizen comment by email at
citizencomments(a,mylubbock.us, no later than 12:00 p.m., on December 15, 2020.
Submitted comments must include name and address. Each comment will be read aloud
for a period of time not to exceed three minutes pursuant to City Council Rules. Citizen
Comments is an opportunity for citizens to make comments and express a position on
agenda items. Any comment received that is in the nature of asking a question will be
referred to an appropriate member of the City staff for a response.
No comments were submitted.
2. Hear and discuss presentations regarding the following and provide guidance to staff as
appropriate.
2.1. Presentation and Discussion regarding the award of the Downtown Civic Park Design Contract
Brianna Gerardi, business development director, gave a presentation on the design of a
Downtown Civic Park. Ms. Gerardi and Jarrett Atkinson, city manager, gave a brief history on
the project, and introduced TBG Partners. Ms. Gerardi continued with the organizational
structure, project scope, next steps, and answered questions from City Council.
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December 15, 2020
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Elaine Kearney, with TBG Partners, presented on the design services that will be provided by
TBG Partners and answered questions from City Council. Mr. Atkinson; Monte McClendon,
City of Lubbock's downtown master developer/McDougal Properties; and Robert Taylor,
chairman of the Central Business District Tax Increment Finance Board, gave comments and
answered questions from City Council.
3. Executive Session
The meeting recessed at 2:55 p.m. and reconvened in Executive Session under the
provisions of Section 551, Texas Government Code. City Council reconvened in open
session at 5:34 p.m., and the meeting was called to order at 5:37 p.m.
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. Emergency Management, Declarations, and Executive Orders
3. 1. 2. Chapter 552 of the Texas Government Code
3.1. 3. 5,562 acres, more or less, plus improvements in Lubbock County, Texas, commonly
known as Lubbock Land Application Site
3.2. 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, Community Development and Services Board, Permit and License Appeal
Board, Urban Design & Historic Preservation Commission, Urban Renewal/Neighborhood
Redevelopment Commission, Water Board of Appeals, and the Zoning Board of Adjustment.
3.3. 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.
3.4. Hold an executive session in accordance with Texas Government Code, Section 551.087, to
discuss or deliberate regarding commercial or financial information that the governmental body
has received from a business prospect that the governmental body seeks to have locate, stay, or
expand in or near the territory of the governmental body and with which the governmental body
is conducting economic development negotiations; and to deliberate the offer of a financial or
other incentive to a business prospect described herein above.
4:30 p.m. - City Council reconvenes in Open Session.
City Council reconvened at 5:34 p.m.
4. Ceremonial Items
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4.1. Invocation
Pastor Ed Ainsworth, Generations Church, led the invocation.
4.2. Pledges of Allegiance
Pledges of Allegiance were given by those in attendance to the United States and Texas flags.
Call to Order
The meeting was called to order at 5:37 p.m.
5. Citizen Comments - Any citizen wishing to address the City Council, regarding any matter
posted on the City Council Agenda below, may submit a citizen comment by email at
citizencomments(i4mylubbock.us, no later than 2:00 p.m. on December 15, 2020. Submitted
comments must include name and address. Each comment will be read aloud for a period
of time not to exceed three minutes pursuant to City Council Rules. Citizen Comments is
an opportunity for citizens to make comments and express a position on agenda items. Any
comment received that is in the nature of asking a question will be referred to an
appropriate member of the City staff for a response.
Public Hearings — Any person wishing to speak at a posted public hearing (Items 8.5 — 8.9)
may do so via Zoom by using the "Raised Hand" feature. When utilizing Zoom through a
telephone, press *9 to "raise your hand" and you will be placed in the queue.
No comments were submitted.
6. Minutes
6.1. November 12, 2020 Special City Council Meeting - Canvass Election & Swearing -In Ceremony
November 12, 2020 Special City Council Meeting - Planning and Priorities Work Session
November 17, 2020 Regular City Council Meeting
Motion by Council Member Juan A. Chadis, seconded by Council Member Latrelle
Joy, to approve the November 12, 2020 Special City Council Meeting - Canvass Election
& Swearing -In Ceremony minutes; the November 12, 2020 Special City Council Meeting
- Planning and Priorities Work Session minutes; and the November 17, 2020 Regular City
Council Meeting minutes.
Vote: 7 - 0 Motion carried
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.
Motion by Council Member Randy Christian, seconded by Mayor Pro Tern Steve
Massengale, to approve items 7.2-7.3; 7.5-7.11; and 7.13-7.17.
Vote: 7 - 0 Motion carried
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7.1. Budget Ordinance Amendment 1st Reading - Finance: Ordinance No. 2020-00160,
Amendment 5, amending the FY 2020-21 Budget for municipal purposes respecting the Grant
Fund to accept and appropriate funding through Nancy Lieberman Charities from the United j
States Department of Justice Community Oriented Policing Services (COPS) Office for the
Kids & Cops Dream Court Grant; providing for filing; and providing for a savings clause.
Jarrett Atkinson, city manager; and Brooke Witcher, assistant city manager, gave comments and
answered questions from City Council.
Motion by Council Member Shelia Patterson Harris, seconded by Mayor Pro Tern Steve
Massengale, to approve Ordinance No. 2020-00160.
Vote: 7 - 0 Motion carried
7.2. Ordinance 1st Reading - Right -of -Way: Ordinance No. 2020-00159 abandoning and closing
three portions of the Main Street Right -of -Way located north of Tract A-1, VDC Hotel
Addition, that was originally dedicated with the plats of Overton Addition and Original Town of
Lubbock Addition, Lubbock County, Texas, 1610 Broadway.
7.3. Resolution - Wastewater Utilities: Resolution No. 2020-RO423 authorizing the Mayor to
execute Purchase Order 23105330, with JWC Environmental, for the rehabilitation of a fine
screen mechanism at the Southeast Water Reclamation Plant (SEWRP).
7.4. Ordinance 2nd Reading - Code Enforcement: Ordinance No. 2020-00158, amending Article
36.01 of the Code of Ordinances of the City of Lubbock, to provide for clarification and
improved enforcement capabilities with regard to the obstruction and maintenance of City
rights -of -way, alleys, and easements.
Jarrett Atkinson, city manager; and Steve O'Neal, director of development services, gave
comments and answered questions from City Council.
Motion by Council Member Latrelle Joy, seconded by Council Member Juan A.
Chadis, to approve Ordinance No. 2020-00158.
Vote: 7 - 0 Motion carried
7.5. Resolution - Business Development: Resolution No. 2020-RO424 approving a Downtown
Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to Plains
Properties, LLC, pursuant to Article IV, Section 5 of the Amended and Restated Bylaws of
Market Lubbock Development Corporation.
7.6. Resolution - Business Development: Resolution No. 2020-RO425 approving a Downtown
Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to J&W
Plumbing, Heating, and Air Conditioning, pursuant to Article IV, Section 5 of the Amended and
Restated Bylaws of Market Lubbock Development Corporation.
7.7. Resolution - Business Development: Resolution No. 2020-RO426 accepting a Special
Warranty Deed for certain real property granted to the City of Lubbock by Betenbough Homes,
LLC, and located at 2335 138th Street, 14001 Avenue W, and 2124 135th Street.
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7.8. Resolution - Public Health Services: Resolution No. 2020-R0427 authorizing the Mayor to
execute a Memorandum of Understanding - Outreach, Screening, Assessment, and Referral,
with the Lubbock Regional Mental Health Retardation Center dba StarCare Specialty Health
System (StarCare), to participate in an interagency collaborative effort to meet the specific needs
of the priority population, including serving as an essential link between prevention,
intervention, and treatment services within the community.
7.9. Resolution - Public Health Services: Resolution No. 2020-R0428 authorizing the Mayor to
execute a Memorandum of Understanding - Parenting Awareness & Drug Risk Education
Program (PADRE), with the Lubbock Regional Mental Health Retardation Center dba StarCare
Specialty Health System (StarCare), to participate in an interagency collaborative effort to
provide community based, intervention services to parents and expectant parents who are at risk
of developing substance use disorders.
7.10. Resolution - Community Development: Resolution No. 2020-R0429 authorizing the Mayor to
execute Amendment No. 1 to Community Development Funding Contract 15166 and all related
documents with Lutheran Social Services of the South, Inc. (LSSS), to provide utility assistance
to qualified low-income persons and families through the Comprehensive Energy Assistance
Program (CEAP) administered by the Texas Department of Housing and Community Affairs
(TDHCA).
7.11. Resolution - Community Development: Resolution No. 2020-R0430 authorizing the Mayor to
execute Contract 15548 and all related documents, between the City of Lubbock and the
Salvation Army, for the Emergency Solutions Grant Coronavirus Aid, Relief, and Economic
Security Act (CARES Act) (ESG — CV).
7.12. Resolution - Facilities Management: Resolution No. 2020-R0436 authorizing the Mayor to
execute Contract 15630, with Mathews Backhoe, Inc., for the demolition of commercial
property located at 1017 East 29th Street, Lubbock, Lubbock County, Texas.
Jarrett Atkinson, city manager; and Wes Everett, director of facilities management, gave
comments and answered questions from City Council.
Motion by Council Member Shelia Patterson Harris, seconded by Council Member Jeff
Griffith, to approve Resolution No. 2020-R0436.
Vote: 7 - 0 Motion carried
7.13. Resolution - Fleet Services: Resolution No. 2020-R0431 authorizing the Mayor to execute
Contract 15484, with Mighty Wash, for car wash services for City vehicles.
7.14. Resolution - Lubbock Fire Rescue: Resolution No. 2020-R0432 to extend Fire Fighter
Matthew Dawson's leave with full pay, for one additional year, pursuant to Texas Local
Government Code, Section 143.073.
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7.15. Resolution and Order - City Secretary: Resolution No. 2020-RO433 and order for a special
city election, and for the City Secretary to present the certification of the initiating committee
for an ordinance to outlaw abortion within the City of Lubbock, and to declare Lubbock a
sanctuary city for the unborn, and to submit said proposed ordinance to a vote of the electors of
the City of Lubbock for adoption, and ordering a special city election for May 1, 2021, and
authorizing execution of the Election Order, and providing for amendments to the Election
Order.
7. 16. Resolution - City Manager: Resolution No. 2020-RO434 approving and ratifying the actions of
the City Manager in executing the Second Amendment to the Memorandum of Understanding
with Palisade Pipeline, LLC, to define roles and responsibilities of the City of Lubbock and
Palisade Pipeline, LLC.
7.17. Resolution - City Manager: Resolution No. 2020-RO435 approving a rate increase for gas
utility services provided by West Texas Gas, Inc., adopting tariffs reflecting this change,
directing West Texas Gas, Inc. to reimburse the City for its reasonable rate case expenses,
declaring an effective date, and repealing any prior resolutions or ordinances inconsistent with
this resolution.
8. Regular Agenda
8.1. Resolution - City Council: Resoution No. 2020-RO437 continuing and affirming the Mayor's
Declarations of Disaster regarding the COVID-19 (Coronavirus) pandemic.
Jarrett Atkinson, city manager, briefed on the upcoming expiration of the Mayor's Declaration
of Disaster regarding the COVID-19 (Coronavirus) pandemic and answered questions from City
Council.
Motion by Council Member Jeff Griffith, seconded by Council Member Juan A.
Chadis, to approve Resolution No. 2020-R0437.
Vote: 7 - 0 Motion carried
8.2. Board Appointment - City Secretary: Consider the appointment of the Chairperson of the
Central Business District Tax Increment Financing (TIF) Reinvestment Zone Board of
Directors, for the 2021 calendar year, with the term ending December 31, 2021.
Rebecca Garza, city secretary, gave comments and answered questions from City Council.
Motion by Council Member Latrelle Joy, seconded by Council Member Jeff Griffith, to
reappoint Robert Taylor.
Vote: 7 - 0 Motion carried
8.3. Board Appointment - City Secretary: Consider the appointment of the Chairperson of the
Lubbock Business Park Tax Increment Financing (TIF) Reinvestment Zone Board of Directors,
for the 2021 calendar year, with the term ending December 31, 2021.
Rebecca Garza, city secretary, gave comments and answered questions from City Council.
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Motion by Council Member Latrelle Joy, seconded by Mayor Pro Tern Steve
Massengale, to reappoint Sandy Henry.
Vote: 7 - 0 Motion carried
8.4. Board Appointment - City Secretary: Consider the appointment of the Chairperson of the
North Overton Tax Increment Financing (TIF) Reinvestment Zone Board of Directors, for the
2021 calendar year, with the term ending December 31, 2021.
Rebecca Garza, city secretary, gave comments and answered questions from City Council.
Motion by Council Member Latrelle Joy, seconded by Council Member Juan A.
Chadis, to reappoint Jeff Dane.
Vote: 7 - 0 Motion carried
8.5. Public Hearing - Planning: Consider a request for Zone Case 0774-A, a request of Jerry
Barbosa and Jessica Brashear, for a zone change to Light Manufacturing District (M-1) from
Single -Family District (R-1) at 1108 East 52nd Street, located south of East 52nd Street and
east of King Avenue, James Subdivision Addition, the west 50 feet of Lot 43, and consider an
ordinance.
This item failed.
Bryan Isham, director of planning, gave a presentation and answered questions from City
Council.
Mayor Pope opened the public hearing at 6:29 p.m.
Jessica Brashear, proponent, appeared to speak in favor.
No one appeared to speak in opposition.
Mayor Pope closed the public hearing at 6:32 p.m.
Motion by Council Member Jeff Griffith, seconded by Mayor Pro Tern Steve
Massengale, to approve this item.
Vote: 1 - 6 Failed
NAY: Mayor Daniel M. Pope
Mayor Pro Tem Steve Massengale
Council Member Juan A. Chadis
Council Member Randy Christian
Council Member Latrelle Joy
Council Member Shelia Patterson Harris
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8.6. Public Hearing - Planning: Ordinance No. 2020-00161, for Zone Case 2538-P, a request of
SK Architecture Group for Carpet Tech, for a zone change to Commercial District (C-4) from
Single -Family District (R-1) Specific Use at 6602 and 6530 19th Street, located north of 19th
Street and east of Oakridge Avenue, Terra Estates Addition, Lots 8 and 9, and consider an
ordinance.
Bryan Isham, director of planning, gave a presentation and answered questions from City
Council.
Mayor Pope opened the public hearing at 6:20 p.m.
No one appeared to speak in favor or opposition.
Mayor Pope closed the public hearing at 6:25 p.m.
Motion by Council Member Randy Christian, seconded by Mayor Pro Tern Steve
Massengale, to approve Ordinance No. 2020-00161.
Vote: 7 - 0 Motion carried
8.7. Public Hearing - Planning: Ordinance No. 2020-00162, for Zone Case 2358-Q, a request of
Ronnie Wallace for Betenbough Homes, for a zone change to Two -Family District (R-2) from
Single -Family District with Reduced Setbacks (R-IA) at 7502 and 7504 34th Street, located
east of Yuma Avenue and north of 34th Street, on 9.534 acres of unplatted land, out of Block
AK, Section 42, and consider an ordinance.
Bryan Isham, director of planning, gave a presentation and answered questions from City
Council.
Mayor Pope opened the public hearing at 6:20 p.m.
Ronnie Wallace, with Betenbough Homes, appeared to speak in favor.
No one appeared to speak in opposition.
Mayor Pope closed the public hearing at 6:25 p.m.
Motion by Council Member Randy Christian, seconded by Mayor Pro Tern Steve
Massengale, to approve Ordinance No. 2020-00162.
Vote: 7 - 0 Motion carried
8.8. Public Hearing - Planning: Ordinance No.2020-00163, for Zone Case 3047-Y, a request of
AMD Engineering, LLC for Wheelhouse Development, for a zone change to Local Retail
District (C-2) from Central Business District, General (CB-3) Specific Use at 4501 114th Street,
located south of 114th Street and west of Quaker Avenue on 1.21 acres of unplatted land, out of
Block E-2, Section 23, and consider an ordinance.
Bryan Isham, director of planning, gave a presentation and answered questions from City
Council.
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December 15, 2020 Page 9 of 10
Mayor Pope opened the public hearing at 6:20 p.m.
Will Stevens, with AMD Engineering, appeared to speak in favor.
No one appeared to speak in opposition.
Mayor Pope closed the public hearing at 6:25 p.m.
Motion by Council Member Randy Christian, seconded by Mayor Pro Tern Steve
Massengale, to approve Ordinance No. 2020-00163.
Vote: 7 - 0 Motion carried
8.9. Public Hearing - Planning: Consider a request for Zone Case 3340-C, a request of J.R.'s
Landscaping, for a zone change to Light Manufacturing District (M-1) from Interstate Highway
Commercial District (IHC) at 1008 25th Street, located north of 25th Street and west of Texas
Avenue, Bowles Addition, Block 1, Lots 5 and 6, and consider an ordinance.
This item failed.
Bryan Isham, director of planning, gave a presentation and answered questions from City
Council.
Mayor Pope opened the public hearing at 6:40 p.m.
Mike McCauley, representing J.R.'s Landscaping, appeared to speak in favor.
Tom Cox appeared to speak in opposition.
Mayor Pope closed the public hearing at 7:02 p.m.
Motion by Mayor Pro tem Steve Massengale, seconded by Council Member Jeff Griffith to
approve this item.
Vote: 4 - 3 Motion failed
NAY: Council Member Juan A Chadis
Council Member Shelia Patterson Harris
Council Member Latrelle Joy
Note: This item requires at least 6 votes to overturn the decision made by the Planning &
Zoning Commission.
8.10. Resolution - Business Development: Resolution No. 2020-R0438 authorizing the Mayor to
execute Contract 15438, with TBG Partners, for providing professional services for the design
of a Downtown Civic Park.
i
Brianna Gerardi, business development director; and Elaine Kearney, with TBG Partners, gave
a presentation on the design of a Downtown Civic Park and answered questions from City
Council.
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Motion by Mayor Pro Tern Steve Massengale, seconded by Council Member Randy
Christian, to approve Resolution No. 2020-R0438.
Vote: 6 - 0 Motion carried
Other: Council Member Juan A. Chadis (AWAY)
7:56 P.M. CITY COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Pope adjourned the meeting.
The December 15, 2020 Regular City Council Meeting minutes were approved by the City Council on the
26th day of January, 2021.
DANIEL M. PO , MAYOR
ATTEST:
0 '-'/V
Rebe a Garza, City Secreta