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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/12/2023CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING December 12, 2023 1:00 P. M. The City Council of the City of Lubbock, Texas met in regular session on the 12th of December, 2023, in City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas at 1:00 p.m. 1:01 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; Mark W. McBrayer, Council Member; Dr. Jennifer Wilson, Council Member; W. Jarrett Atkinson, City Manager; Courtney Paz, City Secretary; Chad Weaver, City Attorney Absent: Steve Massengale, Council Member Note: City Council addressed agenda items in the following order: • Executive Session; 2.1-2.2; Citizen Comments 3; 4.1; 5. �t-5. 6; S. 9-5.10; 5.1-5.3; 5. 7-5.8; S. I1-5.38; and 6.1. 1. Executive Session The meeting recessed at 1:02 p.m. and reconvened in Executive Session under the provisions of Section 551, Texas Government Code. City Council reconvened in open session at 2:12 p.m., and the meeting was called to order at 2:15 p.m. 1. 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. 1. 1. 1. 1. 1. 2. 1. 1. 3. 1. 1. 4. 1. 2. Albert Rodriguez v. City of Lubbock Asset Swap with Southwestern Public Service Company Loop 88 Land Acquisition Texas Parks and Wildlife Department - Park Land Dedication 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. Regular City Council Meeting December 12, 2023 1. 2. 1. Asset Swap with Southwestern Public Service Company 1. 2. 2. Loop 88 Land Acquisition 1. 2. 3. Texas Parks and Wildlife Department - Park Land Dedication Page 2 of 9 1. 3. Hold an executive session in accordance with the Texas Government Code, Section 551.074, to discuss personnel matters, the appointment, employment, evaluation or reassignment of the following: 1. 3. 1. City Attorney 1. 4. 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 Permit & License Appeal Board, Urban Design & Historic Preservation Commission, Urban Renewal/Neighborhood Redevelopment Commission, and the Zoning Board of Adjustment. 2:12 p.m. - City Council reconvenes in Open Session in City Council Chambers. 2. CeremonialItems 2. 1. Invocation Executive Pastor Mark Porter, Live Oak Community 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 2:15 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 December 12, 2023. Citizen Comments provide an opportunity for citizens to make comments and express a position on agenda items. No one appeared to speak. 4. Minutes Regular City Council Meeting December 12, 2023 4. 1. October 17, 2023 Special City Council Meeting - Electric Utility Board November 14, 2023 Regular City Council Meeting Page 3 of 9 Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Dr. Jennifer Wilson, to approve the October 17, 2023 Special City Council Meeting - Electric Utility Board minutes and the November 14, 2023 Regular City Council Meeting minutes. Vote: 6- 0 Motion carried Other: Council Member Steve Massengale (ABSENT) 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 5.1-5.3; 5.7-5.8; and 5.11-5.38. Vote: 6- 0 Motion carried Other: Council Member Steve Massengale (ABSENT) 5. 1. Budget Ordinance Amendment lst Reading - Finance: Ordinance No. 2023-00151, Amendment 4, amending the FY 2023-24 Budget for municipal purposes respecting the North Overton TIF Operating and Capital Projects Fund; providing for filing; and providing for a savings clause. 5. 2. Budget Ordinance Amendment lst Reading - Finance: Ordinance No. 2023-00152, Amendment 5, amending the FY 2023-24 Budget for municipal purposes respecting the Traffic CIP Fund; providing for filing; and providing for a savings clause. 5. 3. Resolution - Risk Management: Resolution No. 2023-R0595 authorizing the Mayor to execute, for and on behalf of the City of Lubbock, a Compromise Settlement Agreement and Release of All Claims, in a pre-litigation claim involving a motor vehicle accident between the City of Lubbock and Albert Rodriguez. 5. 4. Resolution - Business Development: Resolution No. 2023-R0590 approving a Downtown Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to City Church Lubbock, Inc., located at 1313 13th Street, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation. Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Dr. Jennifer Wilson, to approve Resolution No. 2023-R0590. Vote: 5- 1 Motion carried NAY: Council Member Latrelle Joy Regular City Council Meeting December 12, 2023 Other: Council Member Steve Massengale (ABSENT) Page 4 of 9 5. 5. Resolution - Business Development: Resolution No. 2023-R0591 approving a Downtown Grant Program (Permittable) expenditure of Market Lubbock, Inc., to be provided to City Church Lubbock, Inc., located at 1313 13th Street, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation. Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Dr. Jennifer Wilson, to approve Resolution No. 2023-R0591. Vote: 5- 1 Motion carried NAY: Council Member Latrelle Joy Other: Council Member Steve Massengale (ABSENT) 5. 6. Resolution - Business Development: Resolution No. 2023-R0592 approving a Downtown Grant Program (Permittable) expenditure of Market Lubbock, Inc., to be provided to Children's Advocacy Center of Lubbock, located at 720 Texas Avenue, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation. Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Dr. Jennifer Wilson, to approve Resolution No. 2023-R0592. Vote: 5- 1 Motion carried NAY: Council Member Latrelle Joy Other: Council Member Steve Massengale (ABSENT) 5. 7. Resolution - Business Development: Resolution No. 2023-R0596 approving a Downtown Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to Tru Dean Realty, LLC, located at 611 Broadway, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation. 5. 8. Resolution - Business Development: Resolution No. 2023-R0597 approving a Downtown Grant Program (Permittable) expenditure of Market Lubbock, Inc., to be provided to Tru Dean Realty, LLC, located at 611 Broadway, 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-R0593 approving a Downtown Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to the Charles Adams Studio Project (CASP), located at 602 Avenue J, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation. Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Dr. Jennifer Wilson, to approve Resolution No. 2023-R0593. Regular Ciry Council Meeting December 12, 2023 Vote: 5- 1 Motion carried NAY: Council Member Latrelle Joy Other: Council Member Steve Massengale (ABSENT) Page 5 of 9 5. 10. Resolution - Business Development: Resolution No. 2023-R0594 approving a Downtown Grant Program (Permittable) expenditure of Market Lubbock, Inc., to be provided to the Charles Adams Studio Project (CASP), located at 602 Avenue J, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation. Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Dr. Jennifer Wilson, to approve Resolution No. 2023-R0594. Vote: 5- 1 Motion carried NAY: Council Member Latrelle Joy Other: Council Member Steve Massengale (ABSENT) 5. 11. Resolution - Susiness Development: Resolution No. 2023-R0598 authorizing a Commercial Revitalization Grant Progam (Facade) expenditure of Market Lubbock, Inc., to be provided to Tropical Icy, located at 1701 East Broadway, 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-R0599 authorizing a Commercial Revitalization Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to PKJ, LLC, located at 3416 34th Street, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation. Jarrett Atkinson, city manager, gave comments and answered questions from City Counci(. 5. 13. Resolution - Business Development: Resolution No. 2023-R0600 authorizing a Commercial Revitalization Grant Program (Permittable) expenditure of Market Lubbock, Inc., to be provided to PKJ, LLC, located at 3416 34th Street, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation. 5. 14. Resolution - Business Development: Resolution No. 2023-R0601 approving the method of assessment classification for the Cypress Ranch Public Improvement District (PID), and calling for a Public Hearing on January 9, 2024. 5. 15. Ordinance 2nd Reading - Right-of-Way: Ordinance No. 2023-00146 abandoning and closing portions of a water line and two sewer line easements located in Section 29, Block AK to the City of Lubbock, Lubbock County, Texas, located at the southwest corner of 66th Street and Iola Avenue. Regular City Council Meeting December 12, 2023 Page 6 of 9 5. 16. Ordinance 2nd Reading - 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. 17. Resolution - Right-of-Way: Resolution No. 2023-R0602 authorizing the Mayor to execute a Street Use License Agreement, by and between the City of Lubbock and Tropicale Foods, LLC., at the intersection of Locust Avenue and East 33rd Street. 5. 18. Resolution - Engineering: Resolution No. 2023-R0603 authorizing the Mayor to execute Professional Services Agreement, Contract 17752, with Parkhill, Inc., for providing Design Phase Services for the The Southeast Water Reclamation Plant - Plant 4 Primary Clarifiers Rehabilitation Project. 5. 19. Resolution - Engineering: Resolution No. 2023-R0604 authorizing the Mayor to execute Amendment No. 1 to Professional Services Agreement, Contract 17484, for design professional services for the Canyon Lake 6 Dredging Project. 5. 20. Resolution - Engineering: Resolution No. 2023-R0605 authorizing the Mayor to execute Professional Services Contract 17762, with Hugo Reed and Associates, for design and bid phase professional services for the Southwest Lubbock Sanitary Sewer Expansion. 5. 21. Resolution - Engineering: Resolution No. 2023-R0606 authorizing the Mayor to execute Public Works Contract 17690 with Deerwood Construction, Inc., for Sewer Ahead of Paving on Kline Avenue. 5. 22. Resolution - Public Works Solid Waste: Resolution No. 2023-R0607 authorizing the Mayor to execute Contract 17774, with Parkhill, for fnal permit, design, bidding, and construction administration for the City of Lubbock Solid Waste Transfer Station. 5. 23. Resolution - Public Works Solid Waste: Resolution No. 2023-R0608 authorizing the Mayor to execute Contract 17744, with Rubicon Global, LLC, for master software services to implement smart trash collection operations. Jarrett Atkinson, city manager, gave comments and answered questions from City Council. 5. 24. Resolution - Facilities Management: Resolution No. 2023-R0609 authorizing the Mayor to execute Amendment No. 2 to Contract 15789, with Lee Lewis Construction, Inc., for services related to the construction of the Police Headquarters facility. Jarrett Atkinson, city manager, gave comments and answered questions from City Council. 5. 25. Resolution - Public Transit Services: Resolution No. 2023-R0610 authorizing the Mayor to execute Purchase Order 27123701, with Gillig, to purchase twelve, 40-foot hybrid-electric buses and three, 35-foot trolley hybrid-electric buses for Citibus. Regular City Council Meeting December 12, 2023 Page 7 of 9 5. 26. Resolution - Public Transit Services: Resolution No. 2023-R0611 authorizing the Mayor to execute Purchase Order 27123702, with Creative Bus Sales, Inc., to purchase six ARBOC Spirit of Mobility paratransit vans. 5. 27. Resolution - Parks and Recreation: Resolution No. 2023-R0612 authorizing the Mayor to execute Purchase Order 10026982, Purchase Order 10026983, and Purchase Order 10027001, and related documents, with CXT Inc., to manufacture, transport, deliver, and install concrete restroom buildings at Clapp Park, Maxey Park and Rodgers Park. 5. 28. Resolution - Parks and Recreation: Resolution No. 2023-R0613 authorizing the Mayor to execute Contract 17643, with Heart and Soul Cuisine, for weekly meal services to senior citizens at adult activity centers. 5. 29. Resolution - Information Technology: Resolution No. 2023-R0614 authorizing the Mayor to execute Purchase Order 33001806, with Granicus, for the renewal of GovQA software used by the public to submit Open Records Requests to the City. 5. 30. Resolutions - Fleet Services: Resolution No.'s No. 2023-R0615 and 2023-R0616 authorizing the Mayor to execute Contract 17733, with Big Rakk Industries, L.L.C., and Contract 17664 with South Plains Implement, Ltd., for the maintenance and repair of the City's farm implement and construction equipment. 5. 31. Resolution - Fleet Services: Resolution No. 2023-R0617 authorizing the Mayor to execute Purchase Order 31078201, with FSX Equipment, Inc., for the purchase of a Complete Diesel Particulate Filter Cleaning System for Fleet Services. 5. 32. Resolution - Police: Resolution No. 2023-R0618 authorizing the Chief of Police for the City of Lubbock Police Department to execute a Memorandum of Understanding, and related documents, by and on behalf of the City of Lubbock Police Department, with the Federal Bureau of Investigation Child Exploitation Task Force (CETF). 5. 33. Resolution - Lubbock Power & Light: Resolution No. 2023-R0619 approving an Agreement for Sale and Purchase of Utility Assets by and between Southwestern Public Service Company (SPSC) and Lubbock Power & Light (LP&L) involving the sale to and purchase by each party of certain utility system assets, including real property and easements, that the selling party no longer reyuires, and the purchasing party requires or will utilize, all related to the transition of LP&L from the Southwest Power Pool into ERCOT. Included in the sale by LP&L is the Doud Substation and site, a 0.383 acre tract of land at 4201 Frankford Avenue, Lubbock, Texas. 5. 34. Resolution - City Manager: Resolution No. 2023-R0620 authorizing the Mayor to execute American Rescue Plan Act (ARPA) Agreement No. 17749, by and between the City of Lubbock, and South Plains College, for technical training grants. 5. 35. Resolution - City Manager: Resolution No. 2023-R0621 authorizing the Mayor to execute American Rescue Plan Act (ARPA) Agreement No. 17750, by and between the City of Lubbock and Lubbock Independent Electrical Contractors, for technical training grants. Regular City Council Meeting December 12, 2023 Page 8 of 9 5. 36. Ordinance 2nd Reading - 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, Suite A-10, located north of 82nd Street, and west of Indiana Avenue, Melonie Park South Addition, Tract S. 5. 37. Ordinance 2nd Reading - Planning (District 5): Ordinance No. 2023-OO149, 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. 5. 38. Ordinance 2nd Reading - 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. 6. Regular Agenda b. 1. Resolution - Lubbock Power & Light: Resolution No. 2023-R0622 determining that Condition 16 in the Customer Choice Resolution adopted by the Electric Utility Board on February 22, 2022, related to all the conditions of that resolution have been met, and establish a certain date for customer choice and retail competition to begin. Joel Ivy, director of electric utilities, gave comments and answered yuestions from City Council. Motion by Council Member Mark W. McBrayer, seconded by Council Member Latrelle Joy, to approve Resolution No. 2023-R0622. Vote: 6- 0 Motion carried Other: Council Member Steve Massengale (ABSENT) 2:40 P.M. CITY COUNCIL ADJOURNED There being no further business to come before Council, Mayor Payne adjourned the meeting. The December 12, 2023 Regular City Council Meeting minutes were approved by the City Council on the 23rd day of January, 2024. Regular City Council Meeting December 12, 2023 A "ST: Cou ney Paz, City Secretary Page 9 of 9