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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/5/2023CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING December 5, 2023 1:30 P. M. The City Council of the City of Lubbock, Texas met in regular session on the Sth of December, 2023, in City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas at 1:30 p.m. 1:30 P.M. CITY COUNCIL CONVENED City Council Chambers, Citizens Tower,1314 Avenue K, Lubbock, Texas Present: Tray Payne, Mayor; Shelia Patterson Harris, Mayor Pro Tem; Latrelle Joy, Council Member; Christy Martinez-Garcia, Council Member; Steve Massengale, Council Member; Mark W. McBrayer, Council Member; Dr. Jennifer Wilson, Council Member; W. Jarrett Atkinson, City Manager; Courtney Paz, City Secretary; Chad Weaver, City Attorney Note: Ciry Council addressed agenda items in the following order.• • Executive Session; 2.1-2. 2; Citizen Comments 3; -�.1; 5.1-5. 24; and 6.1-6. 9. 1. Executive Session The meeting recessed at 1:31 p.m. and reconvened in Executive Session under the provisions of Section 551, Texas Government Code. City Council reconvened in open session at 2:01 p.m., and the meeting was called to order at 2:04 p.m. 1. 1. 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. 1. 1. 1. Lake 7 2:00 p.m. - City Council reconvenes in Open Session in City Council Chambers. 2. CeremonialItems 2. 1. Invocation Dr. David Lance, Pastor of Celebration Christian Center, 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. Regular City Council Meeting December 5, 2023 Call to Order The meeting was called to order at 2:04 p.m. Page 2 of 8 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 December 5, 2023. Citizen Comments provide an opportunity for citizens to make comments and express a position on agenda items. Sign ups: •Anne Keel appeared before City Council to speak in favor of item 5.24 (a resolution and order for a special city election for the City Secretary to present the certification of the initiating committee for an ordinance to create "Freedom Act Lubbock"). 4. Minutes 4. 1. November 7, 2023, Regular City Council Meeting Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Dr. Jennifer Wilson, to approve the November 7, 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 Steve Massengale, to approve items 5.1-5.24. Vote: 7- 0 Motion carried 5. 1. Resolution - Finance: Resolution No. 2023-R0568 authorizing the Mayor to designate BOKF, NA as paying agent/registrar, for certain of the City of Lubbock's outstanding public securities. 5. 2. Ordinance 2nd Reading - Right-of-Way: Ordinance No. 2023-00144, abandoning and closing portions of easements and right-of-way located in Tract A-1, Harmon Tank Addition to the City of Lubbock, Lubbock County, Texas, located south of l Oth Street, between Spruce Avenue and Ute Avenue. � Regular Ciry Council Meeting December 5, 2023 Page 3 of 8 - 5. 3. Ordinance lst Reading - Right-of-Way: Ordinance No. 2023-00146 abandoning and closing portions of a water line and two sewer line easements in Section 29, Block AK to the City of Lubbock, Lubbock County, Texas, located at the southwest corner of 66th Street and Iola Avenue. 5. 4. Ordinance lst �teading - Right-of-Way: Ordinance No. 2023-00147 abandoning and closing portions of an access and drainage easement located in Section 22, Block E-2, Lubbock County, Texas, located south of 126th Street, east of Quaker Avenue. 5. 5. Resolution - Engineering: Resolution No. 2023-R0569 authorizing the Mayor to execute Service Contract 17592, with MH Civil Constructors, Inc., for construction services for Repair of Drainage Infrastructure. 5. 6. Resolution - Engineering: Resolution No. 2023-R0570 authorizing the Mayor to execute Professional Services Agreement, Contract No. 17622, with Freese and Nichols, Inc., for the Playa Lake 054 Lateral Extension - Blue Sky. 5. 7. Resolution - Engineering: Resolution No. 2023-R0571 authorizing the Mayor to execute Public Works Contract 17649, with MH Civil Constructors, Inc., for the Playa Lake 054 Lateral Extension - Blue Sky. 5. 8. Resolution - Engineering: Resolution No. 2023-R0572 authorizing the Mayor to execute Contract 17651, with West Texas Paving, Inc. for the construction of the 98th Street, Alcove to Upland-22B Capital Improvements Project. 5. 9. Resolution - Engineering: Resolution No. 2023-R0573 authorizing the Mayor to execute Amendment No. 1 to Professional Services Agreement, Contract 17031, with Kimley-Horn and Associates, Inc., for construction phase services for the 98th Street, Alcove to Upland-22B Capital Improvements Project. 5. 10. Resolution - Engineering: Resolution No. 2023-R0574 authorizing the Mayor to execute Amendment No. 4 to Professional Services Agreement, Contract 15282, with Freese and Nichols, Inc., for construction phase services of the Downtown Sanitary Sewer Line Improvements Project. 5. 11. Resolution - Water Utilities: Resolution No. 2023-R0575 authorizing the Mayor to execute Contract 17548, with Simmons Pump & Supply, to supply equipment and provide submersible pump repair services. 5. 12. Ordinance 2nd lteading - Traffic Operations: Ordinance No. 2023-00145, amending Section 20.05.102 of the City of Lubbock Code of Ordinances, with regard to the establishment of speed limits. 5. 13. Resolution - Community Development: Resolution No. 2023-R0576 authorizing the Mayor to grant the waiver of Payment in Lieu of Taxes (PILOT) for FY 2022, as requested by the Lubbock Housing Authority. Regular City Council Meeting December 5, 2023 Page 4 of 8 5. 14. Resolution - Public Health Services: Resolution No. 2023-R0577 authorizing the Mayor to execute Amendment No. 6 to the Department of State Health Services Contract No. HHS000077800035 under the HIV Prevention Services Grant, and all related documents, by and between the City of Lubbock, and the State of Texas Department of State Health Services (DSHS). 5. 15. Resolution - Public Health Services: Resolution No. 2023-R0578 authorizing the Mayor to execute Amendment No. 1 to FDP Subaward Agreement UTAUS-SUB00001039, and all related documents, by and between the City of Lubbock and the University of Texas at Austin, under the Health and Human Services Commission's Substance Abuse Innovative Healing Center Project Grant Program. 5. 16. Resolution - Public Health Services: Resolution No. 2023-R0579 authorizing the Mayor to execute a Temporary Lease Agreement with DG Properties, Inc., for temporary office space to house the new Innovative Healing Center Project by the City of Lubbock Public Health Department. 5. 17. Resolutions - Public Transit Services: Resolution No.'s 2023-R0580 and 2023-R0581 authorizing the Mayor to execute Contract 17485 with Precision Body Works, Inc., and Contract 17680 with Bruckner Truck & Equipment, for body work and accident damage repair for Citibus vehicles. 5. 18. Resolution - Animal Services: Resolution No. 2023-R0582 authorizing the Mayor to execute Service Contract 17566, with Eila Machado, D.V.M., for providing Veterinary Services for Lubbock Animal Services. 5. 19. Resolution - Parks and Recreation: Resolution No. 2023-R0583 accepting the fee schedule for Meadowbrook Golf Course, which was properly submitted by Arcis Golf to the City Secretary. 5. 20. Resolution - Information Technology: Resolution No. 2023-R0584 authorizing the Mayor to execute Contract 17746, with Denovo Ventures, LLC, for a Professional Services Agreement for JD Edwards Financial Systems support. 5. 21. Resolution - Information Technology: Resolution No. 2023-R0585 authorizing the Mayor to execute Purchase Order 33001802, with CDW Government, Inc., for the annual renewal of the Mimecast Email Management System Security with Threat Protection. 5. 22. Resolution - Fleet Services: Resolution No. 2023-R0586 rejecting all bids for the purchase of one full-size SUV, for the Lubbock Public Libraries System. 5. 23. Resolution - Police: Resolution No. 2023-R0587 authorizing the Mayor to execute the Fiscal Year 2024 Asset Forfeiture Sharing Agreement with the United States Department of Justice Drug Enforcement Administration, for participation in the Lubbock High Intensity Drug Trafficking Area Task Force. Regular City Council Meeting December 5, 2023 Page 5 of 8 5. 24. Resolution and Order - City Secretary: Resolution No. 2023-R0588 and order for a special city election for the City Secretary to present the certification of the initiating committee for an ordinance to create "Freedom Act Lubbock" including measures to reduce enforcement of low-level marijuana offenses, to submit said proposed ordinance to a vote of the electors of the City of Lubbock for adoption, ordering a special city election for May 4, 2024, authorizing execution of the Election Order, and providing for amendments to the Election Order. 6. Regular Agenda 6. 1. 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 2024 calendar year, with the term ending on December 31, 2024. Motion by Council Member Latrelle Joy, seconded by Council Member Christy Martinez-Garcia, to appoint Dan Williams as Chair of the Central Business District Tax Increment Financing (TIF) Reinvestment Zone Board of Directors for the 2024 calendar year. Vote: 7- 0 Motion carried 6. 2. 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 2024 calendar year, with the term ending on December 31, 2024. Motion by Council Member Mark W. McBrayer, seconded by Council Member Latrelle Joy, to appoint Cassandra Sandy Henry as Chair of the Lubbock Business Park Tax Increment Financing (TIF) Reinvestment Zone Board of Directors for the 2024 calendar year. Vote: 7- 0 Motion carried 6. 3. 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 2024 calendar year, with the term ending on December 31, 2024. Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Dr. Jennifer Wilson, to appoint Jeff Dane as Chair of the North Overton Tax Increment Financing (TIF) Reinvestment Zone Board of Directors for the 2024 calendar year. Vote: 7- 0 Motion carried 6. 4. Board Appointments - City Secretary: Consider appointments to the Upland Crossing Public Improvement District Advisory Board. Motion by Council Member Latrelle Joy, seconded by Council Member Dr. Jennifer Wilson, to appoint Wes Everett to the Upland Crossing Public Improvement District Advisory Board. Regular City Council Meeting December 5, 2023 Vote: 7- 0 Motion carried Page 6 of 8 6. 5. Public Hearing - Business Development: Hold a public hearing for the City Council to consider the creation of a Public Improvement District (PID) for Cypress Ranch, which covers a portion of an area in the City of Lubbock, Lubbock County, Texas, generally bounded by the Levelland Highway to the north, agricultural land to the east, railroad tracks to the south, and Inler Avenue to the west. Public Hearing only. Brianna Brown, director of business development, gave a presentation and answered questions from City Council. Mayor Payne opened the public hearing at 2:15 p.m. Chris Berry, the applicant, appeared to speak in favor. No one appeared to speak in opposition. Mayor Payne closed the public hearing at 2:16 p.m. 6. 6. Resolution - Business Development: Resolution No. 2023-R0589 making findings and authorizing establishment of the Cypress Ranch Public Improvement District (PID), which covers a portion of area in the City of Lubbock, Lubbock County, Texas, generally bounded by the Levelland Highway to the north, agricultural land to the east, railroad tracks to the south, and Inler Avenue to the west. Brianna Brown, director of business development, gave a presentation and answered questions from City Council. Chris Berry, the applicant, gave comments and answered questions from City Council. Motion by Council Member Latrelle Joy, seconded by Council Member Christy Martinez-Garcia, to approve Resolution No. 2023-R0589. Vote: 6- 0 Motion carried Other: Mayor Pro Tem Shelia Patterson Harris (AWAY) 6. 7. Public Hearing - Planning (District 4): Ordinance No. 2023-00148, for Zone Case 1840-B, a request of Matsui Chan Cafes, LLC for pockside Threading, Inc., for a zone change from Local Retail District (C-2) to General Retail District (C-3), at 8004 Indiana Avenue, Suite A-10, located north of 82nd Street, and west of Indiana Avenue, Melonie Park South Addition, Tract S, and consider an ordinance. Kristen Sager, director of planning, gave a presentation and answered questions from City Council. Daniel Nelson; Kristen Sager, director of planning; and Jarrett Atkinson, city manager, gave comments and answered yuestions from City Council. Regular City Council Meeting December 5, 2023 Mayor Payne opened the public hearing at 2:20 p.m. Daniel Nelson; and Victoria Matsui, the applicant, appeared to speak in favor. No one appeared to speak in opposition. Mayor Payne closed the public hearing at 2:23 p.m. Page 7 of 8 Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Steve Massengale, to approve Ordinance No. 2023-00148. Vote: 7- 0 Motion carried 6. 8. Public Hearing - Planning (District 5): Ordinance No. 2023-00149, for Zone Case 3491, a request of SD Collaborative for Zephyr Tree Farms, Inc., for a zone change from Transition District (T) to Commercial District (C-4), generally located south of Marsha Sharp Freeway and west of Norwich Avenue, on 2.0 acres of unplatted land out of Block AK, Section 35, and consider an ordinance. Kristen Sager, director of planning, gave a presentation and answered yuestions from City Council. Jake Seaton, the applicant, gave comments and answered yuestions from City Councii. Mayor Payne opened the public hearing at 2:32 p.m. No one appeared to speak in favor or opposition. Mayor Payne closed the public hearing at 2:33 p.m. Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Christy Martinez-Garcia, to approve Ordinance No. 2023-00149. Vote: 7- 0 Motion carried 6. 9. Public Hearing - Planning (District 6): Ordinance No. 2023-00150, for Zone Case 2011-J, a request of Hugo Reed & Associates, Inc. for Wilkerson Investment Co., for a zone change from Light Manufacturing District (M-1) to High-Density Apartment District (A-2), generally located east of Justice Avenue and south of 43rd Street, on 4.6 acres of unplatted land out of Block AK, Section 37, and consider an ordinance. Kristen Sager, director of planning, gave a presentation and answered yuestions from City Council. Terry Holeman, with Hugo Reed & Associates, gave comments and answered questions from City Council. Mayor Payne opened the public hearing at 2:38 p.m. Terry Holeman, with Hugo Reed & Associates, appeared to speak in favor. No one appeared to speak in opposition. Regular City Council Meeting December 5, 2023 Mayor Payne closed the public hearing at 2:41 p.m. Page 8 of 8 Motion by Council Member Mark W. McBrayer, seconded by Council Member Dr. Jennifer Wilson, to approve Ordinance No. 2023-00150. Vote: 7- 0 Motion carried 2:44 P.M. CITY COUNCIL ADJOURNED There being no further business to come before Council, Mayor Payne adjourned the meeting. The December 6, 2023 Regular City Council Meeting minutes were approved by the City Council on the 9th day of January, 2024. A1" ST: Courtney Paz, City Secretary TRAY P E, MAYOR