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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/11/2024� CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING June 11, 2024 1:00 P. M. The City Council of the City of Lubbock, Texas met in regular session on the l lth of June, 2024, 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 Tim Collins; Council Member Christy Martinez-Garcia; Council Member David Glasheen; Council Member Brayden Rose; Council Member Dr. Jennifer Wilson; City Manager W. Jarrett Atkinson; City Secretary Courtney Paz; First City Attorney Mitchell Satterwhite Note: City Counci/ addressed agenda items in the folloming order: • Executive Session; 2.1-2.2; Citizen Comments 3; �.1; S. 20; �.19; 5.29; 5.1-5.18; �.21-.5.28; 6.2; and 6.1. • Item No. 5.20 was postponed to the July 9, 202-1 Regular City Council Meeting. •Item No. 6.1 was amended. 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 2:01 p.m., and the meeting was called to order at 2:05 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. Chapter 43 of the Texas Local Government Code 1. 1. 2. Chapter 211 of the Texas Local Government Code 1. 2. 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 Building Board of Appeals, Canadian River Municipal Water Authority Board of Directors, and the Permit & License Appeal Board. Regular City Council Meeting June I l, 2024 2:01 p.m. - City Council reconvenes in Open Session in City Council Chambers. 2. CeremonialItems 2. 1. Invocation Page 2 of 8 Deacon of Worship & Administration Colin Lundstrom, Fellowship Church Lubbock, 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 2:05 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 11, 2024. Citizen Comments provide an opportunity for citizens to make comments and express a position on agenda items. Sign ups: • Colby Norris, resident and treasurer of the Highland Oaks Homeowner's Association, appeared before City Council to speak in favor of item 6.2 (a resolution establishing the City of Lubbock's intent to annex an area of land). • Mary Crites; Gail Robinson; Sally Abbe, board trustee chair for St. John's United Methodist Church; Holle Humphries; and Gretchen Scott appeared before City Council to speak in opposition of item 6.1 (Zone Case 2016-E). • Charles Colbert, owner of three businesses at Metro Tower, appeared before City Council to speak on item 6.1 (Zone Case 2016-E). 4. Minutes 4. 1. April 16, 2024 Special City Council Meeting - Electric Utility Board May 14, 2024 Regular City Council Meeting May 14, 2024 Special City Council Meeting - Swearing-In Ceremony Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Tim Collins, to approve the April 16, 2024 Special City Council Meeting - Electric Utility Board minutes; the May 14, 2024 Regular City Council Meeting minutes; and the May 14, 2024 Special City Council Meeting - Swearing-In Ceremony minutes. Regular City Council Meeting June 1 l, 2024 Page 3 of 8 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 Christy Martinez-Garcia, seconded by Council Member Tim Collins, to approve items 5.1-5.18 and 5.21-5.28. Vote: 7- 0 Motion carried 5. 1. Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2024-00069, Amendment 23, amending the FY 2023-24 Budget for municipal purposes respecting the General Facilities System Improvements Capital Project Fund; providing for fling; and providing for a savings clause. S. 2. Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2024-00073, Amendment 31, amending the FY 2023-24 Budget for municipal purposes respecting the General Fund, specifically the Health Department Fund; providing for filing; and providing for a savings clause. 5. 3. Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2024-00074, Amendment 32, amending the FY 2023-24 Budget for municipal purposes respecting the Parks Capital Project Fund; providing for filing; and providing for a savings clause. Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2024-00075, 5. 4. Amendment 33, amending the FY 2023-24 Budget for municipal purposes respecting the Grant Fund, specifically the Health Department Fund; providing for filing; and providing for a savings clause. 5. 4. 1. Resolution - Public Health Services: Resolution No. 2024-R0278 authorizing the Mayor to execute Amendment No. 7 to the Department of State Health Services Contract No. HHS000077800035, and all related documents, under the HIV Prevention Services Grant, by and between the City of Lubbock, and the State of Texas Department of State Health Services, for services related to HIV prevention and treatment. 5. 5. Budget Ordinance Amendment lst Reading - Finance: Ordinance No. 2024-00089, Amendment 34, amending the FY 2023-24 Budget for municipal purposes respecting the Grant Fund; providing for filing; and providing for a savings clause. 5. 6. Resolution - Finance: Resolution No. 2024-R0279 authorizing the Mayor to enter into a professional services agreement with JP Morgan Securities, for investment management services. Regular City Council Meeting June 11, 2024 Page 4 of 8 5. 7. Resolution - Finance: Resolution No. 2024-R0280 designating authorized representatives on the City's accounts with the Texas Local Government Investment Pool. 5. 8. Resolution - Right-of-Way: Resolution No. 2024-R0281 authorizing the Mayor to accept, for and on behalf of the City of Lubbock, one (1) street, public use, and right-of-way deed, and all related documents, in connection with certain real property located in Section 38, Block AK, of the GC R.R. Co. Survey, Lubbock County, Texas, on the east side of Upland Avenue, near 45th Street, to be utilized for the Upland Avenue Project. 5. 9. Resolution - Right-of-Way: Resolution No. 2024-R0282 authorizing the Mayor to accept, for and on behalf of the City of Lubbock, one (1) street, public use, and right-of-way deed, and all related documents, in connection with certain real property located in Section 38, Block AK, of the GC R.R. Co. Survey, Lubbock County, Texas, at the northeast corner of Upland Avenue and SOth Street, to be utilized for the Upland Avenue Project. 5. 10. Resolution - Right-of-Way: Resolution No. 2024-R0283 authorizing the Mayor to accept, for and on behalf of the City of Lubbock, one (1) street, public use, and right-of-way deed, and all related documents, in connection with certain real property located in Section 35, Block AK, of the GC R.R. Co. Survey, Lubbock County, Texas, at the southeast corner of Upland Avenue and SOth Street, to be utilized for the Upland Avenue Project. 5. 11. Resolution - Engineering: Resolution No. 2024-R0284 authorizing the Mayor to execute Amendment No. 1 to Professional Services Agreement Contract 17130, with Kimley-Horn and Associates, Inc., for engineering services for the reconstruction of 34th Street from Upland Avenue to Milwaukee Avenue. 5. 12. Resolution - Engineering: Resolution No. 2024-R0285 authorizing the Mayor to execute Professional Services Agreement Contract 18087, with Freese and Nichols, Inc., for engineering services for water reclamation electrical replacement and monitoring. 5. 13. Ordinance 2nd Reading - Public Works Water: Ordinance No. 2024-00076, amending Article 22.08 of the City of Lubbock Code of Ordinances, in response to the regulatory requirement to update the Water Use Management Plan every five years. 5. 14. Resolution - Public Works Water Utilities: Resolution No. 2024-R0286 authorizing the Mayor to execute Contract 17642, with Freese and Nichols, Inc., for professional engineering services related to the Wastewater Collection System Master Plan Update. 5. 15. Resolution - Public Works Solid Waste: Resolution No. 2024-R0287 authorizing the Mayor to execute a Letter of Engagement, and related documents, with Lloyd Gosselink Rochelle & Townsend P.C., for professional services related to the permitting or registration for the future City of Lubbock Transfer Station Facility. � Regular City Council Meeting June 1 l, 2024 Page 5 of 8 5. 16. Resolution - Public Health Services: Resolution No. 2024-R0288 authorizing the Mayor to execute, Amendment No. 1 to the Department of State Health Services Contract No. HHS001310400001, and all related documents, under the Center for Health Emergency Preparedness & Response (CHEPR) Grant Program, by and between the City of Lubbock, and the State of Texas Department of State Health Services (DSHS), for training the public health workforce and strengthening public health infrastructure and systems. 5. 17. Resolution - Public Health Services: Resolution No. 2024-R0289 authorizing the Mayor to execute Amendment No. 1 to the Department of State Health Services Contract No. HHS001324900033, and all related documents, under the Centers for Disease Control Preventive Health and Health Services Block Grant, by and between the City of Lubbock, and the State of Texas Department of State Health Services, to support core public health services and to fund a portion of the salary of the Public Health Director. 5. 18. Resolution - Public Health Services: Resolution No. 2024-R0290 authorizing the Mayor to execute an interlocal agreement entitled "Lubbock County Medical Indigent Program Provider Agreement", and any associated documents, by and between the City of Lubbock and the Lubbock County Hospital District, d/b/a University Medical Center Health Systems, to cooperate to provide certain public health services for indigent residents of Lubbock County. 5. 19. Resolution - Business Development: Resolution No. 2024-R0276 authorizing a Downtown Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to J& W Plumbing Heating & A/C, located at 1012 17th Street, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation. Brianna Brown, director of business development, gave a presentation and answered questions from City Council. Jarrett Atkinson, city manager, gave comments and answered questions from City Council. Motion by Council Member Tim Collins, seconded by Council Member Brayden Rose, to approve Resolution No. 2024-R0276. Vote: 6- 1 Motion carried NAY: Council Member David Glasheen 5. 20. Ordinance 2nd Reading - Planning (District 1): Consider Ordinance No. 2024-00079, for Zone Case 3224-A, a request of Lone Star Suds, LLC for Centric Capital Partners, Inc., for a zone change from Neighborhood Commercial District (NC) and Auto-Urban Commercial District (AC) to Auto-Urban Commercial District (AC), at 2401 19th Street, located south of 19th Street and west of Avenue X, Ellwood Place Addition, Block 1, the east 140 feet of Lot 1. This item was postponed. Jarrett Atkinson, city manager, gave comments and answered questions from City Council. Regular City Council Meeting June 11, 2024 Page 6 of 8 Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Dr. Jennifer Wilson, to postpone this item to the July 9, 2024 Regular City Council Meeting. Vote: 7- 0 Motion carried 5. 21. Ordinance 2nd Reading - Planning (District 1): Ordinance No. 2024-00080, for Zone Case 3503, a request of Westar Commercial Realty for Steven F. Burleson, for a zone change fi•om Low Density Single-Family District (SF-2) to Heavy Commercial District (HC), at 4505 North Interstate 27, located west of North Interstate 27, and north of Regis Street, Teal Addition, Lot 2. 5. 22. Ordinance 2nd Reading - Planning (District 1): Ordinance No. 2024-00081, for Zone Case 3504, a request of R Rios Enterprises 806, LLC for 5 Berg Holdings, LLC, for a zone change from Low Density Single-Family District (SF-2) to Heavy Commercial District (HC), at 2416, 2406, 2402 Erskine Street and 2407 Grinnell Street, located east of North University Avenue and north of Erskine Street, the north 480 feet of Tull Addition, Block 1, and approximately 3.3 acres of unplatted land out of Block A, Section 16. 5. 23. Ordinance 2nd Reading - Planning (District 3): Ordinance No. 2024-00082, for Zone Case 1112-F, a request of Clovis Sign Service for Southwest Convenience Stores, for a zone change from Low Density Single-Family District (SF-2) to Auto-Urban Commercial District (AC), at 5002 Quaker Avenue, located south of SOth Street and west of Quaker Avenue, Sylvan Dell Heights Addition, Block 1, Lot 1-A. 5. 24. Ordinance 2nd Reading - Planning (District 4): Ordinance No. 2024-00083, for Zone Case 2925-A, a request of AMD Engineering, LLC for Diocese of Lubbock, for a zone change from High Density Residential District (HDR) to Neighborhood Commercial District (NC), generally located north of l 11 th Street and east of Indiana Avenue, on 4.22 acres of land out of John the Baptist Addition, Tract A. 5. 25. Ordinance 2nd Reading - Planning (District 5): Ordinance No. 2024-00084, for Zone Case 3502, a request of Hub City Main Street Investments, LLC, for a zone change from Low Density Single-Family (SF-2) to Heavy Commercial District (HC), at 6708 66th Street, located west of Norwich Avenue and north of 66th Street, Zephyr Addition, Tract A, and approximately 0.56 acres of unplatted land out of Block AK, Section 35. 5. 26. Ordinance 2nd Reading - Planning (District 5): Ordinance No. 2024-00085, for Zone Case 2933-I, a request of Steen Realty Group at Keller Williams Realty for Terra Firma Acquisitions. LLC, for a zone change from Low Density Single-Family District (SF-2) and High Density Residential District (HDR) to Office District (OF) and Auto-Urban Commercial District (AC), at 9102 and 9602 Milwaukee Avenue, located south of 94th Street, west of Milwaukee Avenue, and north of 98th Street on 26.6 acres of unplatted land out of Block AK, Section 27. Regular City Council Meeting June 11, 2024 Page 7 of 8 5. 27. Ordinance 2nd Reading - Planning (District 6): Ordinance No. 2024-00086, for Zone Case } 1893-FF, a request of Delta Land Surveying for Wag 2.0, LLC, for a zone change from Medium Density Residential District (MDR) to Low Density Single-Family District (SF-2), generally located west of Homestead Avenue and north and south of 3rd Street on approximately 2.07 acres of unplatted land out of Block JS, Section 2. 5. 28. Ordinance 2nd Reading - Planning (District 6): Ordinance No. 2024-00087, a request for Zone Case 2538-LL, a request of OJD Engineering, LLC for YATESIIBY LC, for a zone change from Low Density Single-Family District (SF-2) to Heavy Commercial District (HC), at 7502 and 7446 19th Street, located north of 19th Street and west of Wausau Avenue, Furgeson Tracts Addition, Lot 1 and approximately 2.545 acres of unplatted land out of Block D6, Section 1. 5. 29. Resolution - City Council: Resolution No. 2024-R0277 authorizing and directing the City Manager to take the appropriate and necessary action to implement this policy, ensuring that all American Rescue Plan Act (ARPA) funding not previously allocated, and to be expended after December 31, 2024, be allocated to the West Lubbock Water System Expansion Project. Jarrett Atkinson, city manager, gave comments and answered questions from City Council. Motion by Council Member Brayden Rose, seconded by Council Member David Glasheen, to approve Resolution No. 2024-R0277. Vote: 7- 0 Motion carried 6. Regular Agenda 6. 1. Ordinance 2nd Reading - Planning (District 1): Ordinance No. 2024-00088, for Zone Case 2016-E, a request of Parkhill for Thomas Kenneth Abraham, for a zone change from Medium Density Residential District (MDR) to High Density Residential District (HDR), at 2401 through 2413 14th Street and 2402 through 2416 15th Street, located east of University Avenue and south of 14th Street, Overton Addition, Block 102, Lots 1 through 7, Lots 17 through 24, the portion of alley between Lots 1 through 7, and Lots 18 through 24. This item was amended. Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Tim Collins, to approve the following amendment: to approve a substitute ordinance that includes the following language in the recitals: •"WHEREAS, the City Council of the City of Lubbock further finds that the proposed zoning change is not arbitrary or capricious or unreasonable; that the nature of the proposed zoning change is substantially consistent with neighboring properties; including Texas Tech University, abundant nearby rental properties, and even new construction; that the proposed zoning change is suitable for the surrounding area; that, considering the general welfare of the entire City of Lubbock, the proposed zone change is beneficial for the community; and that the proposed zoning change would allow the construction of property that would increase the tax base for the Lubbock Independent School District and the City of Lubbock, thus benefiting the education of Regular City Council Meeting June 1 l, 2024 Page 8 of 8 local residents and City services to the surrounding area, respectively; and". Vote: 7- 0 Motion carried Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Brayden Rose, to approve Ordinance No. 2024-00088, as substituted. Vote: 6- 1 Motion carried NAY: Mayor Pro Tem Shelia Patterson Harris 6. 2. Resolution - Planning: Resolution No. 2024-R0291 establishing the City of Lubbock's intent to annex an area of land generally described as 374.74 acres south of 146th Street and east of Frankford Avenue, into Lubbock's corporate limits, and execute a Municipal Services Agreement with the Highland Oaks Homeowner's Association, for the requested annexation. Kristen Sager, director of planning, gave a presentation and answered questions from City Council. Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Tim Collins, to approve Resolution No. 2024-R0291. Vote: 7- 0 Motion carried 2:51 P.M. CITY COUNCIL ADJOURNED There being no further business to come before Council, Mayor Payne adjourned the meeting. The June I 1, 2024 Regular City Council Meeting minutes were approved by the City Council on the 9th day of July, 2024. ATTEST: Courtney Pa _, City Secretary IJ