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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/25/2023CITY �F LX]BBOCK REGULAR CITY COUNCIL MEETING July 2S, 2023 1:00 P. M. The City Coancil of the City of Lubbock, Texas met in regular sessian on the 25th of July, 2023, in City Council Chambers, Citize�s Tower,1314 Avenue K, Lubbock, Texas at i:00 p.m. 1:02 P.M. CITY COUNCIL CONVENED City Cauncil Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas Present: Mayor Tray Payne; Mayor Pro Tem Shelia Pattersan Harris; Council Member Latrelle doy; Council Member Christy Martinez-Garcia; Council Member Steve Massengale; Cauncil Member Mark W. McBrayer; City Manager W. Jarrett Atkinson; City Secretary Courtney Paz; City Attorney Chad Weaver Absent: Council Member Dr. Jennifer Wilson Note: Crry Councfl addressed agenda rtems in the following order: . Executive Session; �.1-2.2; Citizen Comments 3; 5.1-5.28; and 6.1-6. 9. • Item No.'s 6.3 and 6.5 failed. • Item No. 6.8 was pastponed to the August 22, 2023 Regular Ciry Council Meeting. 1. Executive Session The meeting recessed at 1:U3 p.m. and reconvenad in Executive Session under the provisions of Section 55I, Texas Government Code. City Council reconvened in open session at 2:00 p.m., anc� the meeting was called to order at 2:06 p.m. 1. 1. Hold an executive session in accordance with Texas Government Cocle, Section SS 1.071, 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. 1. 1. 1. 1, 1. 2. 1. 2. 1. 2. 1. Discuss Articie 22.03 af the Lubback Code of Ordinances Discuss Chapter 2l ! of the Texas Local Governrr►ent Code and relevant case law. Hold an executive session in accardance with the Texas Government Code, S�ction 551.072, to deliberate the purchase, exchange, lease, or value of real property. Loop 88 Land Acquisition Regular City Council Meeting July 25, 2023 1. 2. 2. Texas Parks and Wildlife Department - Park Land Dedication Aage 2 of 11 1. 3. Hold an executive session in accordance with Texas Government Code Section 551.074, to discuss personnel matters, regarding t�e duties, responsibilities, andlor appointments to the Building Board of AppeaIs, Canadian River Muriicipal Water Authority Board of Directors. Lui�bock Reese Rede�elopment Authority Board of Directors, Permit & License Appeal Board, and the Urbar� Design & Historic Preservation Corr�mission. 2:00 p.m. - City Council reconvenes in Open Session in City Councit Chambers. City CounciI recor�vened at 2:00 p.m. 2. CeremonialItems 2. 1. lnvocation Pastor Michael Cleghorn, Quaker A�enue Church of God, led the invocation. 2. 2. Pledges of Allegiance Pledges of Allegiance, to the United States and Texas Flags, were Ied by Mayor Pro Tem Sheiia Patterson Harris. Call to Order The meeting was called to order at 2:06 p.m. 3. Citizen Commenis - According to Lubbock City Councii Rules, any citizen wishing to appear in-person before a regular meeting of the Cify Council, regarding any matter posted on the City Cour�cil Agenda below, shall complete the sign-up form provided at the meeting, no later fhan 2:00 p.m. on July 25, 2023. Citizen Co�tnments provide an opportunity for citizens to make comments and express a�osi#ion on agenda items. No one appeared ta speak. 4. Minutes 4. 1. May 24, 2023 Special City Councii Meeting - Lubbock Econocnic Development Aliiance Ju�e 27, 2023 Regular City Council Meeting lune 28, 2023 Special City Council Meeting - Lubbocic Economic Development Alliance Press Conference �J Regular Ciry Council Meeting July 25, 2023 Page 3 of 1 I Motion by Council Member Latrelle Joy, seconded by Council Member Christy Martinez-Garcia, to approve the May 24, 2023 Specia� City Council Meeting - Lubbock Econamic Development Alliance n�inutes; June 27, 2023 Regular City Council Meeting minutes; and the June 28, 2023 Special City Council Meeting - Lubbock Econontic Development Alliance Press Conference minutes. Vate: 6- 0 Motion carried Qther: Council Member Dr. Jennifer Wilson (ABSENT) 5. Consent Agenda - Items considered to be routine are enacted by one motion without separate discussion. If the City Council desires to discuss an itexn, the item is remaved fram the Consent Agenda and considered separately. Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Ste�e Massengale, to approve items 5.1-5.28. Vote: 6- 0 Motion carried Other: Council Member Dr. Jennifer Wilson (ABSENT) S. 1. Budget Ordinance Amendment 2nd Reading - Finance: 4rdinance No. 2023-00081, Amendment 24, amending the FY 2022-23 Budget for municipal purpos�s respecting the Generai Fund for additional positions to increase core pubiic health capacity; providing for filing; and pro�iding for a savings clause. 5. 2. Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2023-00082, Amendment 25, amending the FY 2022-23 Budget for municipal purposes respecting the Airport Capital Fund for safety management and facilities impravements; providing for filing; and providing for a savings clause. 5. 3. Budget Ordinance Amendment �st Reading - City Council: Ordinance No. 2023-00088, Amendment 26, amending the FY 2022-23 Budget for municipal purposes respecting the Parks Capital Projects Fund for parks improvements; providing for filing; and providiria for a savings clause. 5. 4. Budget Ordinance Amendment lst Rcading - F�nance: Ordinance No. 2023-00089, Amendment 27, amending t�e FY 2022-23 Budget for municipal pt�rposes respecting the Streets Capital Prajects Fund; providing for fiiing; and providing for a savings clause. 5. 5. Budget Ordinance Amendment lst Reading - Finance: 4rdinance No. 2023-00090, Amendment 28, amending the FY 2022-23 Budget for municipal purposes respecting the operating budget for Lubbock Economic Development A1Gance and Market Lubbock, Inc. {MLI} - Visit Lubbocic and Sports Authority; providing for fiiing; and providing for a sa�ings clause. Regular City Councik Meeting July 25, 2023 Page 4 of 11 5. 6. Resolution - Business Development: Resolution No. 2023-R0354 of support for the planning and construction of Interstate 27 in Texas. 5. 7. Ordinance 2nd Reading - Right-of-Way: Ordinance No. 2023-00083, abandoning and closing portions of al�ey right-of-way located in Section 41, Block AK, Lubbock County, Texas. 5. 8. Ordinance 2nd Readin� - Right-of-Way: Ordinance No. 2023-OOQ84, abandaning and closing a portion of a drainage easement located in Lot 26, Regency Park Addition to the City of Lubbock, Lubbock County, Texas. 5. 9. Resolution - Right-of-Way: Resolution No. 2023-R0355 authorizing the Mayor to accept, for and on behalf of the City of Lubbock, a Dedication Deed, in connection with certain real property located in Lots 6-A and 12-A, Block l, a replat af Lots 6 through 12, Block 1, Maddox Addition to the City of Lubbock, Lubbock Caunty, Texas, to be utilized for street, curb, gutter, sidewalk, drainage right-of-way, public utilities and ather public purposes. 5. 10. Resalution - Right-af-Way: Resolutio�; No. 2023-R0356 authorizi�g the Mayor to execute a Street Use License, and all related documents, by and between the City of Lubbock and Tapia Elias and Doria Gonzales, to use a portion of a dedicated street For additional vehicle parking, �ocated in Lot 19, Block 21, a replat of Modern Manors Addition to the City of Lubbock, Lubbock County, Texas. 5. 11. Resolution - Engineeriog: Resolution No. 2023-R0357 aut�orizing the Mayor to execute Contract 17343, with Lone Star Dirt and Paving, Ltd., for construction services for t�e 34t� Street Back-of-Curb Project. 5. 12. Resolution - Engineering: Resolution No. 2023-R035$ authorizing the Mayor to execute Professional Services Agreement, Contract No. l 7484, by arid between the City of Lubbock and dredgeSMART, %r the Canyon Lake 6 Dredging. S. 13. Resolutian - Engineering: Resolution No. 2023-R0359 authorizir�g the Mayor to execute Amendrnent No. 1 to Professional Services Agreement, Contract 17074, by anci �etween the City of Lubbock and Freese and Nichois, [nc., for the design of Upland Avenue from 34th Street to SOih for street and street bond management. 5. 14. Resol�tion - Solid Waste: Reso�ution No. 2023-R0360 authorizing t�e Mayor to execute Cor�tract 17278, with Parkhill, for Engineering Services related to the Design and Construction Administration of the West Texas Regional Disposal Facility Cell 6. 5. 15. Ordinance 2nd Reading - Public Works Traf�c Management: Ordinance No. 2023-00085, amending Section 20.05.103 of the Code of Ordinances of the City of Lubbock, with regard to the establishment of school zones and speed limits. ' �J Regular City Council Meeting July 25, 2023 Page 5 of 1 i 5. 16. Resolution - Public Works Traffic Management: Resolution No. 2023-R0361 authorizing the Mayor to execute any and all instruments necessary, in connection with the acceptance of the FY 2022 Safe Streets and Roads for All, Grant Award No. 693 i 132340211, from the Federal Highway Administration, to develop a comprehensive safety action plan. 5. 17. Resolution - Public Works Traffic Management: Resalution No. 2023-R0362 authorizing the Mayor to execute Contract 17370, with TRP Construction Group, LLC, for pavement marking and striping removal on l9th Street and Milwaukee Avenue, 34th Street and Milwaukee Avenue, and any ather streets that will be re-striped to a different lane configuration. 5. 1$. Resolution - Public Health Services: Resolutian No. 2023-R0363 authorizing the Mayor to execute four Prevention Resource Center, Region 1 Memorandums af Understanding, and all related documents, by and between the City of Lubbock, and Cenikor Foundation, Family Support Services of Amarillo, Hub City Outreach Center, and Adolescent Support Network, in a collabarativ� effort to meet the specific needs of the priority population, and serving as an essential link between prevention, intervention and treatment services. 5. 19. Resolution - Public Health Services; Resalution No. 2023-R0364 authorizing Ehe Mayor to execute Contract 17194, and all related documents, with Mindfulness Behavioral Health Services, i,LC, for Substance Use Disorder Treatment Services. 5. 20. Resalutian - Community Deveiopment: Resolution No. 2023-R03b5 approving the City of Lubbock Community Development Department 2023 - 2024 Annual Action Plan Draft, to be submitted to the U. S. Department of Housing and Urban Development. 5. 21. Ordinance 2nd Reading - Human Resources: Ordinance No. 2023-0008b, amending Ordinance No. 2011-00112, which established a Deferred Compensation Plan For City employees, to change the make-up af the Oversight Committee of the City's Deferred Compensation Plan. 5. 22. Resolution - Civic Centers: Resolution No. 2023-R0366 authorizing the Mayor to execute a License Agreement between the City of Lubbock and Civic Lubbock, [nc., regarding concession commissions, salary reimbursements, collection of catering and merchandise fees, and the continuation of two standing subcommittees. S. 23. Resalution - Civic Centers: Resolution N�. 2023-R0367 approving the recommendation frorn the Cultural Arts Grant Re�iew Committee and the Civic Lubbock, Inc. Board of Directors, for the 2023 Cultural Arts Grant Program, using Hotel Occupancy Tax funds collected at the end of FY 2021-22. 5. 24. Resolution - Fleet Services: Resolution No. 2023-R0368 authorizing the Mayor to execute Purchase Order 31075188, with Logistics365, Inc., for the purchase of two Utility Terrain Vehicles and faur All Terrain Vehicles, for various City Departments. 5. 25. Resolution - Potice: Resolution No. 2023-R0364 authorizing the Mayor to execute Purchase Orc�er 1 a026S58, with Galls, LLC, for the purchase of ballistic shields for the Lubbock Police Department. Regular Ciry Council Meeting July 25, 2023 Page 6 of 1 I 5. 26. Resoiution - City Manager: Resolutior� No. 2023-R0370 aUthorizing the Mayor to execute a grant amendment between the City of Lubbock and the Texas Parks and Wildlife Department, to remove a grant encumbrance from a portion of the Lubbock Youth Sports Complex, as the first part of a canversion wit� delayed replacerrtent. 5. 27. Resalution - City Manager: Resolution No. 2023-R0371 authorizing the Mayor to execute a Possession and Use Agreement, by and �etween the City of Lubbock and the Texas Department of Trans�ortation, regarding certain property for the purpose of constructing a portion of Loop 88, located at the corr�er of FM 1585 and Milwaukee A�er�ue. 5. 28. Qrdinance 2nd Readi�g - Ptanning (District 3): Ordinance No. 2023-00087, for Zone Case 501-A, a requesk of Steve Vernon for Delias W. Lee, for a Specific Use for an Event Center on property zoned Local Retai( District (G2), at 4412 34th Street, located north of 34th Street, and east of Oxford Avenue, Zuni Park Addition, Block 7, Lot 14, the east 55 feet of Lat l3 anci the west 15 feet of Lat 15. G. Regular Agenda 6. 1. Boarc� Appoin#ments - City Secretary: Consider appointments to the Appointments Advisory Board, Board of Health, Building Board of Appeals, Canadian River Municipal Water Authority Board of Directors, Citizens Traffic Commission, Civic Lubbocic, Inc. Board of Directors, Comprehensive Plan Oversight Committee, Keep Lubbock Beautiful Advisory Committee, Libraries Board, Lubbock Water Advisory Comniission, Permit & License Appeal Board, and the Urban Design & Historic Preservation Commission. Appointments Advisory Board: Reappointment of Monica De�gado and Mary Gerlach; and the appointment of Gerald (Bruce) Boyd to replace Reggie Dial; Alice Lozada to replace Jim Gomez; Heather Keister to replace Samantha 5pitzer; and David Glasheen to replace Abby Scioli. Board of Health: Reappointment of Donna Griffis and Vicki Chapa; ar�d the appointment of Dr. Lara �ohnson to replace Dr. Cynthia Reinoso Webb. Building Board of Appeals: Reappointrnent of Dickie Hudgens, C.J. Marquette, Trey Strong, and Willian� Turner; and the appointment of Donovan Beckwith to replace Eliza Norris. Canadian River Municipal Water Authority Board of Directors: Reappointment of James Collins. Citizens Traf#ic Commission: Reappointment of Jon Mark Bernal, Eric Burrell, and William Curnow; and the appointment of Marian McGuire to replace Skyler Sherrod; and Jason Madrid to replace Kerry Miller. Civic Lubback, Inc. Board af Directars: Reappaintment of James Douglass, Grace Gonzales, and Kathryn Horkey-Wolf#; and the a�pointment of Betsy Bass to replace Dr. Idris Traylor. Comprehensive Plan Overs�ght Committee: Reappointrnent of Byrnie Bass; and the appointment of Alan Hally to replace Nathaniel Wright; and Tilmon J. Hurt to replace Dan Regular City Council Meeting July 25, 2023 Page7ofil Wilson. Keep Lubback Beautiful Advisory Committee: Appointment of Janis Henderson to replace Carmesha Williams; and Henry Tarango to replace Shelby Crews. Libraries Board: Appointment o�' Eddie Kirkpatrick to replace Annie Doyle. Lubbock Water Advisory Commissioa: Appointment of Wayne Kohout to replace Celeste Hoehne; Lori Manning to replace Tom Sell; and Jeff Jones to replace Max Tarbox. Permit and License Appeal Board: Re-designation of Garrott Nalle from a citizen position to the licensed irrigator position, effective immediately for the term ending on September l, 2023; and to reappoint him to the same position for the subsequent term beginning on September 1, 2023, and ending on September l, 2026. Appointment of Jerry Morehead to the new water industry position, to replace Karen Mitchell, who pre�iausly occupied the now defunct transpartation position, for a term ending on September l, 2025. Appointment of Donald Stubbs to a citizen position, to replace Natalie Qeebles, for the term ending on September l, 2023; and to reappoint him to the same position for the subsequent term beginning on September 1, 2023, and ending on September l, 2026. Urban Design and Historic Preservation Commission: Appvintment of Baynetta Jordan to replace Chase Marberry. Motion by Council Member Steve Massengale, seconded by Council Member Latrelle Joy, to appoint and reappoint the aforementioned citizens ta the Appointments Advisory Board, Board of Health, Building Board of Appeals, Cana�ian River Municipal Water Autharity Board of Directors, Citizens Traffic Commission, Civic Lubbock, Inc. Board of Directors, Comprehensive Plan Oversight Committee, Keep Lubback Beautiful Advisory Committee, Libraries Board, Lubbock Water Advisory Commission, Permit and License Appeal Board, and the Urban Design and Historic Freservation Commission. Vote: 6- 0 Motion carried Other: Council Member Dr. Jennifer Wilson (ABSENT) 6. �. Board Appointments - City Secretary: Consider appointments �o the Lubbock Reese Redevelopment Authority Board of Directors. Lubbock Reese Redevelapment Authority: Reappointment af Tim Collins; and the appointment of James J. Mustin to replace Todd McKee. Motion by Council Member Steve Massengale, seconded by Council Member Latrelle Joy, to appoint and reappoint the aforementioned citizens to the Lubbock Reese Redevelopment Authority. Vote: 6- 0 Motion carried Other: Council Member Dr. Jennifer Wilson (ABSENT) Regular City Council Meeting July 25, 2U23 Page 8 of I 1 fi. 3. Public Hearing - Planning (District 3): Consider a request for Zone Case 1511-N, a request of Raniesh Krishnan, for a zone change from Restricted Local Retail District {C-2A} to Cammerciai District (C-4), at 4502 54th Street, Suite 200, located north of 54t� Street and east of Salem Avenue, Gordon Heights Addition, Lot l 13 and the east 25 feet of Lot 114, and consider an ordinance. This item failed. Kristen Sager, director of planning, gave a presentation and answered questions from City Council. Ramesh Krishna�, the proponent, gave comments and answered questions frorYt City Council. Mayor Payr�e opened the public hearing at 2:17 p.m. Ramesh Krishnan, the propor�ent, appeared to speak in favor. No one appeared to speak in opposition. Mayor Payne closed the public hearing at 2:18 p.m. Motion by Council Member Mark W. McBrayer, seconded by Council Member Ste�e Massengale, to approve this iteriz. Vote: 1 - 5 Failed NAY: Mayor Tray Payne Mayar Pro Tem Shelia Patterson Harris Counci! Mernber Latrelle Joy Council Member Christy Martinez-Garcia Council Member Steve Massengale Other: Council Member Dr. Jennifer Wilson (ABSENT) f�. 4. Public Hearing - Planning {District a}: Ordinance No. 2023-00091, for Zone Case 2161-L, a request of Hub City Capital, LLC for G Greenstreet, lnc., for a zone change from Garden Offce District (GO) to General Retail District (G3), at 8902 Universiry Avenue, located west of University Avenue and south of 89th Street, Summerfield Addition, North 119 feet of Tract E, and consider an ordinance. Kristen Sager, director of planning, gave a presentation and answered questions from City Council. Dan Williarns, with Hub City Capital, LLC, gave cornmer�ts and answered yuestions from City Council. Mayor Payne opened the public hearing at 2:23 p.m. Dan Williams, with Hub City Capital, LLC, appeared to speak in favor. Regular Ciry Council Meeting JuEy 25, 2023 No one appeared to speak in opposition. Mayor Payne closed the public hearing at 2:25 p.n�. Page 9 of 1 i Motion by Council Member Steve Massengale, seconded by Council Member Mark W. McBrayer, to approve Ordinance No. 2023-00091. Vate: 5- 1 Motion carried NAY: Cauncil Member Christy Martinez-Garcia Other: Council Member Dr. Jennifer Wilson {ABSENT} 6. 5. Public Hearing - Planning (District 6): Consider a request for Zone Case 159$-K, a request of Earl and Sherry Craig for Linda Waite, for a zone change from Single-Family District (�t-1) Specific Use for RV Storage and RV Mobile Home Park and Commercial District (C-4) to Light Manufacturing District (M-1), at 3464 and 3468 West Loop 289, located north of 43rd Street and west of West Loop 289, Loop 289 RV Park Addition, Lots 13-8 and 14-A, and consider an ordinance. This item failed. Kristen Sager, director of planning, gave a presentation and answered questions from City Council. I.inda Waite, the proponent, gave comments and answered questions from City Council. Mayor Payne apened the public hearing at 2:29 p.m. Linda Waite, the proponent, appeared to speak in favor. No one appeared ta speak in opposition. Mayor Payne closed the public hearing at 2:3 l p.m. Motion by Cauncil Member Steve Massengale, seconded by Council Member Christy Martinez-Garcia, ta approve this item. Vote: 0 - 6 Failed NAY: Mayor Tray Payne Mayor Pro Tem Shelia Patterson Harris Council Member Latrelle .�oy Council Mernber Christy Martinez-Garcia Council Member Steve Massengale Council Member Mark W. McBrayer Other: Council Member Dr. .iennifer Wilson {ABSENT) Regular City Council Meeting July 25, 2U23 Page 10 of 1 I 6. 6. Public Hearing - Planning (District G): Ordinance No. 2023-40092, far Zone Case 3143-A, a request of West Texas Engineering, LLC for Tigris Developrnent, LLC, for a zor�e change from General Retail District (C-3) to High-Density Apartment District (A-2), at 3202 Milwaukee Avenue, located south of 32nd Street, and west of Milwaukee Avenue, Elm Park Addition, Tract K, and consider an ordinance. Kristen Sager, director of planning, gave a presentation and answered questions from City Council. Mayor Payne opened the �ublic hearing at 2:47 p.m. Victor Roden, with West Texas Engineering, LLC, appeared to speak in favor. No one appeared to speak in opposition. Mayor Payne closed the public hearing at 2:4$ p.m. Mocior� by Council Member Latrelle Joy, seconded by Cour�cil Member Mark W. McBrayer, to approve Ordinance No. 2423-00092. Vote: 6- 0 Mation carried Other: Council Member Dr. Jennifer Wilson (ABSENT) 6. 7. Resolution - Planning: Resolution No. 2023-R0372 prescribing the type of r�otice to be given for a joint meeting of the City Council and the Planning and Zoning Commission, for a public hearir�g to consider amendments to the Unified Developmer�t Code (UDC), as provided under Section 2l l.Q07{d) of the Texas Locai Government Code, and setting t�e date for the public hearing. Chad Weaver, city attorney, gave comments and answered questions from City Council. Motion by Cauncil Member Christy Martinez-Garcia, seconded by Council Member Steve Massengale, to approve Resolution No. 2023-R0372. Vote: 6- 0 Motion carried Other: Council Member Dr. Jennifer Wilson (ABSENT) 6. 8. Resolution - Susiness Development: Consider a resoiution authorizing the Mayor to execute City Tax Abatement Agreement No. 17471, with Dura-Line, LLC. Jarrett Atkinson, city manager, gave comments and answered questions frorn City Council. Motion by Council Member Latrelle Joy, seconded by Council Member Steve Massengale, to postpone this item to the August 22, 2023 Regular City Council Meeting. Vote: 6- 0 Motion carried Regular City Council Meeting July 25, 2023 Page I t of l l Other: Council Member Dr. Jennifer Wilson (ABSENT) 6. 9. Resolution - Lubbock Power & Light: Resolution No. 2023-R0373 adopting the Fiscal Year 2023-24 Deli�ery Service Tariff pursuant to §2.03.41 S(a} of the City of Lubbock Code of Ordinances. Motian by Council Member Latrelle Jay, seconded by Council Member Christy Martinez-Garcia, to approve Resolution No. 2023-R0373. Vote: 6- 0 Motion carried Other: Council Member Dr. Jennifer Wilson (ABSENT} 2:52 P.M. CITY COUNCIL ADJOURNED There being no further business to came hefore Council, Mayor Payne adjourned the meeting. The Juiy 25, 2023 Regular City Council Meeting minutes were approved by the City Council on the 22nd day of August, 2023. AT' .ST: Cou ney Paz, City Secre ry