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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/13/2023!""^ CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING June 13, 2023 1:00 P. M. The City Council of the City of Lubbock, Texas met in regular session on the 13th of June, 2023, in City Council Chambers, Citizens Tower,1314 Avenue K, Lubbock, Texas at 1:00 p.m. 1:00 P.M. CITY COUNCIL CONVENED City Council Chambers, Citizens Tower,1314 Avenue K, Lubbock, Texas Present: Mayor Tray Payne; Mayor Pro Tem Shelia Patterson Harris; Council Member Latrelle Joy; Council Member Christy Martinez-Garcia; Council Member Steve Massengale; Council Member Mark W. McBrayer; Council Member Dr. Jennifer Wilson; City Manager W. Jarrett Atkinson; City Secretary Courtney Paz; City Attorney Chad Weaver Note: City Council addressed agenda items in the following order: • Executive Session; 2.1-2. 2; Citizen Comments 3; 4.1; 5.1-5. 46; 6.1; and 6. 4-6. 6 +""� • Item No's. 6.2 and 6.3 were deleted 1. Executive Session The meeting recessed at 1:01 p.m. and reconvened in Executive Session under the provisions of Section 551, Texas Government Code. City Council reconvened in open session at 2:00 p.m., and the meeting was called to order at 2:03 p.m. 1. 1. Hold an executive session in acccordance with Texas Government Code, Section 551.071, with legal counsel for advise 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. 1. 1. 1. Milwaukee Ave: North City Limits to 4th Street Project 1. 1. 2. Project 176 1. 1. 3. Project BRT 1. 2. Hold an executive session in accordance with the Texas Government Code, Section 551.072, r"'" to deliberate the purchase, exchange, lease, or value of real property. 1. 2. 1. Milwaukee Ave: North City Limits to 4th Street Project Regular City Council Meeting June 13, 2023 Page 2 of l0 1. 3. Hold an executive session in accordance with Texas Government Code Section 551.074, to discuss personnel matters, regarding the duties, responsibilities, and/or appointments to the Junked Vehicle Compliance Board, Permit & License Appeal Board, and Water Board of Appeals. 1. 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. 1. 4. 1. Project 176 1. 4. 2. Project BRT 2:00 p.m. - City Council reconvenes in Open Session in City Council Chambers. City Council reconvened at 2:00 p.m. 2. CeremonialItems 2. 1. Invocation Lead Pastor Ryan Smallwood, Aldersgate Church, led the invocation. 2. 2. Pledges of Allegiance Pledges of Allegiance, to the United States and Texas Flags, were led by Mayor Pro Tem Shelia Patterson Harris. Call to Order The meeting was called to order at 2:03 p.m. 3. Citizen Comments - According to Lubbock City Council Rules, any citizen wishing to appear in-person 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 2:00 p.m. on June 13, 2023. Citizen Comments provide an opportunity for citizens to make comments and express a position on agenda items. Sign ups: • Kevin Watt, the proponent, appeared before City Council to speak in favor of item 5.46 (Zone Case 2538-II). Regular City Council Meeting June 13, 2023 �"' 4. Minutes 4. 1. April 18, 2023 Special City Council Meeting - Electric Utility Board May 9, 2023 Regular City Council Meeting Page 3 of 10 Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Latrelle Joy, to approve the April 18, 2023 Special City Council Meeting - Electric Utility Board minutes; and the May 9, 2023 Regular City Council Meeting minutes. Vote: 7- 0 Motion carried 5. 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 Latrelle Joy, seconded by Council Member Christy Martinez-Garcia, to approve items 5.1-5.46. Vote: 7- 0 Motion carried �"' ' S. 1. Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2023-00056, , Amendment 18, amending the FY 2022-23 Budget for municipal purposes respecting the General Fund, Airport Fund, Water/Wastewater Fund and the Fleet Capital Fund to appropriate funding for Capital Improvement Project 92827, FY 2023-24 Pre-Purchase Vehicles; providing for filing; and providing for a savings clause. Jarrett Atkinson, city manager, gave comments and answered questions from City Council. 5. 2. Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2023-00057, Amendment 19, amending the FY 2022-23 Budget for municipal purposes respecting the Water Capital Project Fund; providing for fling; and providing for a savings clause. 5. 3. Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2023-00058, Amendment 20, amending the FY 2022-23 Budget for municipal purposes respecting the Grant Fund to accept and appropriate funding from the Texas Health and Human Services Commission; providing for filing; and providing for a savings clause. 5. 4. Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2023-00059, Amendment 21, amending the FY 2022-23 Budget for municipal purposes respecting the Water/Wastewater Fund; providing for filing; and providing for a savings clause. r•-� Budget Ordinance Amendment lst Reading - Finance: Ordinance No. 2023-00066, 5. 5. Amendment 22, amending the FY 2022-23 Budget for municipal purposes respecting the Water/Wastewater Fund; providing for filing; and providing for a savings clause. Regular City Council Meeting June 13, 2023 Page 4 of 10 5. 6. Budget Amendment Ordinance lst Reading - Finance: Ordinance No. 2023-00067, Amendment 23, amending the FY 2022-23 Budget for municipal purposes respecting the Grant Fund to accept and appropriate funding from the Federal Transit Administration; providing for filing; and providing for a savings clause. 5. 7. Resolution - Finance: Resolution No. 2023-R0282 authorizing the Mayor to execute Contract 17170, and related documents, with Weaver and Tidwell, L.L.P., for external audits of the City of Lubbock Annual Financial Statements. 5. 8. Resolution - Business Development: Resolution No. 2023-R0283 approving a Downtown Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to Cavender Real Estate of Lubbock II, LLC, located at 1120 19th Street, pursuant to Article IV, Section 5 of the Amended and Restated Bylaws of the Market Lubbock Development Corporation. 5. 9. Resolution - Business Development: Resolution No. 2023-R0284 approving a Downtown Grant Program (Permittable) expenditure of Market Lubbock, Inc., to be provided to Cavender Real Estate of Lubbock II, LLC, located at 1120 19th Street, pursuant to Article IV, Section 5 of the Amended and Restated Bylaws of the Market Lubbock Development Corporation. 5. 10. Resolution - Business Development: Resolution No. 2023-R0285 approving a Downtown Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to Cavendar Real Estate of Lubbock, LLC, located at 1702 Texas Avenue, pursuant to Article IV, Section 5 of the Amended and Restated Bylaws of the Market Lubbock Development Corporation. 5. 11. Resolution - Business Development: Resolution No. 2023-R0286 approving a Downtown Grant Program (Permittable) expenditure of Market Lubbock, Inc., to be provided to Cavendar Real Estate of Lubbock, LLC, located at 1702 Texas Avenue, pursuant to Article IV, Section 5 of the Amended and Restated Bylaws of the Market Lubbock Development Corporation. 5. 12. Resolution - Business Development: Resolution No. 2023-R0287 authorizing a program or expenditure of the Lubbock Economic Development Alliance, to be provided to Taylor Rig & Equipment, LLC, pursuant to Section 501.073 of the Texas Local Government Code. 5. 13. Ordinance 2nd Reading - Right-of-Way: Ordinance No. 2023-00060, abandoning and closing portions of a Water Line Easement and portions of two Utility Easements located in Tracts A and B, South Plains Addition to the City of Lubbock, Lubbock County, Texas. 5. 14. Ordinance lst Reading - Right-of-Way: Ordinance No. 2023-00068 abandoning and closing portions of a Water Line Easement located at 4215 South Loop 289, in Tracts C-1 and C-2, West Chase Subdivision Addition to the City of Lubbock, Lubbock County, Texas. 5. 15. Ordinance lst Reading - Right-of-Way: Ordinance No. 2023-00069 abandoning and closing portions of a Drainage Easement located west of Indiana Avenue and north of 114th Street, in Section 18, Block E-2, Lubbock County, Texas, Regular Ciry Council Meeting June 13, 2023 Page 5 of 10 ,�„ 5. 16. Resolution - Right-of-Way: Resolution No. 2023-R0288 authorizing and directing the � Mayor to execute for and on behalf of the City of Lubbock, an Overhead Electric Power Line ; Easement over and across portions of City-owned property located in Section 6, Block O, Abstract No. 893, Lubbock County, Texas, by and between the City of Lubbock and South Plains Electric Cooperative, Inc. 5. 17. Resolution - Engineering: Resolution No. 2023-R0289 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock, Change Order No. 2 to that certain Contract No. 15819 by and between the City of Lubbock and DN Tanks, LLC, for the North Water Treatment Plant eight million gallon ground storage tank improvements as per RFP 21-15819-CM. Jarrett Atkinson, city manager, gave comments and answered questions from City Council. 5. 18. Resolution - Engineering: Resolution No. 2023-R0290 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock, Public Works Contract No. 17357 for construction of the Mae Simmons Park Parking Lot as per ITB 23-17357-DH, by and between the City of Lubbock and Ronnie Zahn Paving, Inc. of Lubbock, Texas. 5. 19. Resolution - Engineering: Resolution No. 2023-R0291 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock, Amendment No. 1 to the Professional �.� Services Agreement Contract No. 16727, for engineering services for the construction of an 8 million gallon Storage Tank at the North Water Treatment Plant, by and between the City of Lubbock and Plummer and Associates, Inc. 5. 20. Resolution - Engineering: Resolution No. 2023-R0292 authorizing the Mayor to execute Contract 17332, with Rink's Lease Service, Inc., for Water Line Change Out Phase 5. Jarrett Atkinson, city manager, gave comments and answered questions from City Council. 5. 21. Resolution - Stormwater Compliance: Resolution No. 2023-R0293 authorizing the Mayor to execute Purchase Order 23105658, with Teledyne ISCO, for the purchase of Samplers and Flow Meters, to achieve monitoring required by the City's storm water permit from the Texas Commission on Environmental Quality. Jarrett Atkinson, city manager, gave comments and answered questions from City Council. 5. 22. Resolution - Water Utilities: Resolution No. 2023-R0294 authorizing the Mayor to execute Contract 17273, with B& J Welding Supply, Inc. for compressed gas used for laboratory instruments at the North Water Treatment Plant. 5. 23. Resolution - Wastewater: Resolution No. 2023-R0295 authorizing the Mayor to execute p... Contract 17279, with AquaOne, Inc., for bottled water delivery and water dispensing units to residences adjacent to the Lubbock Land Application Site and the Hancock Land Application Site. Regular City Council Meeting June 13, 2023 Page 6 of 10 5. 24. Ordinance lst Reading - Codes Administration: Ordinance No. 2023-00070 amending Sections 34.06.001 - 34.06.013 of the City of Lubbock Code of Ordinances, regarding junked vehicles. 5. 25. Resolution - Codes Administration: Resolution No. 2023-R0296 authorizing the Mayor to execute Contract 17340, with Matthews Backhoe, Inc., for demolition of secondary structures on a lot located at 1712 48th Street, Lubbock, Texas. 5. 26. Resolution - Public Health Services: Resolution No. 2023-R0297 authorizing the Mayor to execute Department of State Health Services (DSHS) Contract No. HHS001324900033, and all related documents, under the Regional and Local Services System/Local Public Health Services Grant Program, by and between the City of Lubbock, and the State of Texas DSHS, to provide local public health services by improving local public health infractructure. 5. 27. Resolution - Public Health Services: Resolution No. 2023-R0298 authorizing the Mayor to execute Amendment No. 5 to the Department of State Health Services (DSHS) Contract No. HHS00077800035, and all related documents, under the HIV Prevention Services Grant, by and between the City of Lubbock, and the State of Texas DSHS, to extend the contract for an additional year. 5. 28. Resolution - Public Health Services: Resolution No. 2023-R0299 authorizing the Mayor to execute Department of State Health Services (DSHS) Contract No. HHS001315700012, and all related documents, under the Texas Epidemiology Capacity Expansion Grant Program, by and between the City of Lubbock, and the State of Texas DSHS, to conduct surveillance and epidemiology activities. 5. 29. Resolution - Community Development: Resolution No. 2023-R0300 authorizing the Mayor to execute Community Development Funding Contract 17299 and all related documents, with Planks A/C, to provide Heating and Cooling Unit Services Repair or Replacement 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). 5. 30. Resolution - Aviation: Resolution No. 2023-R0301 rejects all bids received for the Roof Replacement on the Horton Hangar and Hangar 302, at the Lubbock Preston Smith International Airport. 5. 31. Resolution - Aviation: Resolution No. 2023-R0302 authorizing the Mayor to execute Contract 17013, with Control Technologies, Inc., for terminal building security technology upgrades at the Lubbock Preston Smith International Airport. 5. 32. Resolution - Public Transit Services: Resolution No. 2023-R0303 ratifying the acts of the Chief Financial Offcer in connection with the acceptance of an award under the FY2021 Section 5307 American Rescue Plan Act (ARPA) Grant, Project ID TX-2023-034-00, with the Federal Transit Administration, for Citibus Operating and Capital. Regular City Council Meeting June 13, 2023 Page 7 of ] 0 5. 33. Resolution - Public Transit Services: Resolution No. 2023-R0304 ratifying the acts of the Chief Financial Officer in connection with the acceptance of an award under the FY 2021 Federal Transit Administration Section 5307 American Rescue Plan Act Grant, Project ID TX-2023-030-00, for Citibus Planning Assistance. 5. 34. Resolution - Parks and Recreation: Resolution No. 2023-R0305 authorizing the Mayor to execute Contract 17061, with West Texas Paving, Inc., for sand for City playground fall zones and athletic field top dressing. 5. 35. Resolution - Parks and Recreation: Resolution No. 2023-R0306 authorizing the Mayor to execute Contract 17403, with Turf Raider Lawn & Landscape, for landscape management at the City of Lubbock Cemetery. 5. 36. Resolution - Civic Centers: Resolution No. 2023-R0307 authorizing the Mayor to execute Contract No. 17249, with Johnson Controls, Inc., to provide HVAC Preventative Maintenance Services for the Civic Center Physical Plant. 5. 37. Resolution - Civic Centers: Resolution No. 2023-R0308 authorizing the Mayor to execute Contract 17250, with Johnson Controls, Inc., to provide HVAC Controls Monitoring and Maintenance for the Civic Center Physical Plant. �""' S. 38. Resolution - Fleet Services: Resolution No. 2023-R0309 authorizing the Mayor to execute Purchase Order 31074190, with Bruckner Truck & Equipment Inc., for the purchase of a 2024 Mack MD642 Cab and Chassis with Extended Warranty, for Traffic Operations. 5. 39. Resolution - Police: Resolution No. 2023-R0310 authorizing W. Jarrett Atkinson, City Manager, to apply for and execute an agreement with the State of Texas, Office of the Governor's Bullet-Resistant Shield Grant Program, Fiscal Year 2023 Grant, to fund the purchase of ballistic shields for the City of Lubbock Police Department. 5. 40. Resolution - Police: Resolution No. 2023-R0311 authorizing the City Manager and the Chief of Police to execute an Interlocal Cooperation Contract, by and between the City of Lubbock and the Texas Department of Public Safety, regarding a Tactical Flight Officer to assist the DPS Aircraft Division in aerial missions in the Northwest Texas Region. 5. 41. Ordinance lst Reading - City Secretary: Ordinance No. 2023-00071 amending Article 2.03, Division 3; Article 22.03, Division 2; Article 22.07; and Article 22.08, Division 3; and deleting Article 2.03, Divisions 11 and 17, of the City of Lubbock Code of Ordinances, regarding the duties and responsibilities of the Permit & License Appeal Board. 5. 42. Resolution - City Manager: Resolution No. 2023-R0312 authorizing the Mayor to execute American Rescue Plan Act (ARPA) Agreement 17234, between the City of Lubbock and � Lubbock's Homeless Haven, for enhancing supportive services for the homeless community and service providers. Regular City Council Meeting June 13, 2023 Page 8 of 10 5. 43. Resolution - City Manager: Resolution No. 2023-R0313 authorizing the Mayor to execute Amendment No. 1 to Contract 16528, with Lubbock Habitat for Humanity, to provide additional America Rescue Plan Act (ARPA) funding for the construction of infrastructure to serve an affordable housing development in a qualified census tract. 5. 44. Ordinance 2nd Reading - Planning (District 5): Ordinance No. 2023-00062, for Zone Case 2995-HH, a request of Centerline Engineering and Consulting for T. Market Properties, LLC, for a zone change from Two-Family District (R-2) Specific Use for Reduced Setbacks to General Retail District (C-3), at 6617 Monticello Avenue, located east of Monticello Avenue and south of 66th Street, on 0.23 acres of unplatted land out of Block AK, Section 30. 5. 45. Ordinance 2nd Reading - Planning (District 5): Ordinance No. 2023-00063, for Zone Case 3003-H, a request of Hugo Reed and Associates, Inc. for Fountain Hills LP, for a zone change from Single-Family District (R-1) Specific Use for Reduced Setbacks to Local Retail District (C-2), generally located north of 107th Street and east of Milwaukee Avenue, on 03 acres of unplatted land out of Block AK, Section 21. 5. 46. Ordinance 2nd Reading - Planning (District 6): Ordinance No. 2023-00064, for Zone Case 2538-II, a request of Westar Commercial Realty for Gebo Distributing Co., Inc., for a zone change from Single-Family District (R-1) to Light Manufacturing District (M-1), generally located south of 19th Street and west of Fairbank Avenue, on 3.22 acres of unplatted land out of Block AK, Section 41. 6. Regular Agenda 6. 1. Public Hearing - Planning: Ordinance No. 2023-00072 for a request for annexation, from Red Canyon Development, LLC, and 14 Texas Real Estate, LLC, to annex an area of approximately 2.986 acres, adjacent to the southern city limits of the City of Lubbock, north of Woodrow Road and west of Quaker Avenue, into Lubbock's corporate limits, along with the adjacent right-of-way. Kristen Sager, director of planning, gave a presentation and answered questions from City Council. Mayor Tray Payne, read into the record, the following statement: "The Texas Local Government Code requires a public hearing for the City Council to consider the annexation of property. At this time, I will open the public hearing in regard to the annexation of an area of approximately 2.986 acres, adjacent to the southern city limits of the City of Lubbock, north of Woodrow Road and west of Quaker Avenue, into Lubbock's corporate limits, along with the adjacent right-of-way." Mayor Payne opened the public hearing at 2:21 p.m. Terry Holeman, on behalf of the proponent, appeared to speak in favor. No one appeared to speak in opposition. Mayor Payne closed the public hearing at 2:22 p.m. Regular City Council Meeting June 13, 2023 1""' Page 9 of 10 Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Steve Massengale, to approve Ordinance No. 2023-00072. Vote: 7- 0 Motion carried 6. 2. Public Hearing - Business Development: Hold a public hearing for the consideration of a proposed 4% Non-Competitive Housing Tax Credit (HTC) application to be submitted to the Texas Department of Housing and Community Affairs (TDHCA) for the South Plains Apartments, located at 5520 58th Street in Lubbock, Texas. This item was deleted. 6. 3. Resolution - Business Development: Consider a resolution confirming that the City of Lubbock has no objection to the proposed 4% Non-Competitive Housing Tax Credit (HTC) application to be submitted to the Texas Department of Housing and Community Affairs (TDHCA) for the South Plains Apartments, located at 5520 58th Street in Lubbock, Texas. This item was deleted. �..� 6. 4. Resolution - Business Development: Resolution No. 2023-R0314 authorizing the Mayor to execute City Tax Abatement Agreement No. 17377, with X-FAB Texas, Inc. Brianna Brown, director of business development, gave a presentation and answered questions from City Council. Motion by Council Member Steve Massengale, seconded by Council Member Christy Martinez-Garcia, to approve Resolution No. 2023-R0314. Vote: 7- 0 Motion canied 6. 5. Resolution - Business Development: Resolution No. 2023-R0315 giving Notice of Intent to consider the designation of a Reinvestment Zone on the Dura-Line, LLC property, located at 904 Lubbock Business Park Boulevard in Lubbock, Texas. Jarrett Atkinson, city manager, gave comments and answered yuestions from City Council. Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Dr. Jennifer Wilson, to approve Resolution No. 2023-R0315. Vote: 7- 0 Motion carried Regular City Council Meeting June 13, 2023 Page 10 of 10 6. 6. Ordinance 2nd Reading - Planning (District 1): Ordinance No. 2023-00061, for Zone Case 3482, a request of Travis Turner for SuGu, LLC, for a zone change from Two-Family District (R-2) to Family Apartment District (A-1), at 2123 21 st Street, located south of 21 st Street and east of Avenue V, McCrummen's Second Addition, Block 54, Lot 12. Jarrett Atkinson, city manager, gave comments and answered yuestions from City Council. Kristen Sager gave a presentation and answered questions from City Council. Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Steve Massengale, to approve Ordinance No. 2023-00061. Vote: 7- 0 Motion carried 2:30 P.M. CITY COUNCIL ADJOURNED There being no further business to come before Council, Mayor Payne adjourned the meeting. The June 13, 2023 Regular City Council Meeting minutes were approved by the City Council on the l lth day of July, 2023. Courtney �!