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CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
October 26, 2021
1:00 P. M.


 
The City Council of the City of Lubbock, Texas met in regular session on the 26th of October, 2021, in City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas at 1:00 p.m.

 
1:08 P.M. CITY COUNCIL CONVENED
City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas
Present:
Mayor Daniel M. Pope; Mayor Pro Tem Steve Massengale; Council Member Juan A. Chadis; Council Member Jeff Griffith; Council Member Latrelle Joy; Council Member Shelia Patterson Harris; City Manager W. Jarrett Atkinson; City Secretary Rebecca Garza; City Attorney Chad Weaver
Absent:
Council Member Randy Christian
Note:
      City Council addressed agenda items in the following order:
  • Citizen Comments 1; 2.1; Executive Session; 4.1-4.3.1; Citizen Comments 5; 6.1; 7.1-7.26; 8.1-8.8.





             
   1. Citizen Comments - According to Lubbock City Council Rules, any citizen wishing to appear in person before the meeting of the City Council, regarding Item 2.1 on the Work Session Agenda, shall complete the sign-up form provided at the meeting, no later than 1:00 p.m. on October 26, 2021. Citizen Comments is an opportunity for citizens to make comments and express a position on agenda items. Any comment received that is in the nature of asking a question will be referred to an appropriate member of the City staff for a response.

No one appeared to speak.
             
   2. Hear and discuss presentations regarding the following and provide guidance to staff as appropriate.
             
   1. COVID Grant Summary - Public Health Services, Community Development, Airport, Citibus

Jarrett Atkinson, city manager, introduced the item, gave comments, and answered questions from City Council. Karen Murfee, director of community development; Katherine Wells, director of public health; Kelly Campbell, executive director of aviation; and Chris Mandrell, general manager of Citibus, gave a presentation and answered questions from City Council on COVID grant funds as they relate to Community Development, Public Health Services, the Lubbock Preston Smith International Airport, and Citibus. Topics discussed included: the Coronavirus Relief Fund (CRF); various assistance programs administered by state and federal agencies related to Community Development; funds allocated for public health crisis response, the infectious disease control unit, vaccination capacity, public health workforce, and health equity; and assistance received by the Lubbock Preston Smith International Airport and Citibus through the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the Coronavirus Response and Relief Supplemental Appropriation Act (CRRSA), and the American Rescue Plan Act (ARPA).

             
At the completion of the Work Session, City Council recessed into Executive Session.
             
   3. Executive Session

The meeting recessed at 2:08 p.m. and reconvened in Executive Session under the provisions of Section 551, Texas Government Code. City Council reconvened in open session at 4:56 p.m., and the meeting was called to order at 5:03 p.m.
             
   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.
Texas Department of Transportation (TxDOT) Turnover Program
             
   2.
Waivers for Utility Infrastructure Requirements (when platting land)
             
   3.
Connection Requirements to Water and Wastewater Infrastructure
             
   4.
Lot 305-A, Midway Park Addition
             
   5.
Lease Agreement No. GS-07P-LTX00024 between the City of Lubbock and the United States of America
             
   6.
Planned Parenthood of Greater Texas Surgical Health Services, et al v. City of Lubbock, Texas, Case No.5:21-cv-114 in the United States District Court for the Northern District of Texas, Lubbock Division
             
   2. 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.
Texas Department of Transportation (TxDOT) Turnover Program
             
   2.
Lot 305-A, Midway Park Addition
             
   3.
Lease Agreement No. GS-07P-LTX00024 between the City of Lubbock and the United States of America
             
   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 Lubbock Central Appraisal District Board of Directors.
             
             
4:30 p.m. - City Council reconvenes in Open Session in City Council Chambers.

City Council reconvened at 4:56 p.m.
             
   4. Ceremonial Items
             
   1. Invocation

Minister Jim Brewer, South Plains Church of Christ, led the invocation.
             
   2. Pledges of Allegiance

Pledges of Allegiance, to the United States and Texas Flags, were led by Mayor Pro Tem Steve Massengale.
             
   3. Proclamations and Presentations
             
   1.
Presentation of a Special Recognition in support of Chiropractic Health Awareness Month

Mayor Pro Tem Steve Massengale presented a Special Recognition in support of Chiropractic Health Awareness Month. A representative of the Lubbock chiropractic community gave comments on behalf of the American Chiropractic Association and the Texas Chiropractic Association, and thanked the City Council and the Lubbock community for their support of Chiropractic Health Awareness Month.
             
Call to Order

The meeting was called to order at 5:03 p.m.
             
   5. 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 5:00 p.m. on October 26, 2021. Citizen Comments is an opportunity for citizens to make comments and express a position on agenda items. Any comment received that is in the nature of asking a question will be referred to an appropriate member of the City staff for a response.

Sign ups:
  • George Hardberger appeared before City Council to speak in favor of item 8.6 (public hearing regarding the proposed creation of the City of Lubbock Property Assessed Clean Energy Program).
             
   6. Minutes
             
   1. August 17, 2021 Special City Council Meeting - Electric Utility Board
September 28, 2021 Regular City Council Meeting
September 29, 2021 Special City Council Meeting - Parks Master Plan Open House
September 30, 2021 Special City Council Meeting - TML Region 3 Regional Meeting
             
  Motion by Council Member Latrelle Joy, seconded by Mayor Pro Tem Steve Massengale to approve the August 17, 2021 Special City Council Meeting - Electric Utility Board minutes; the September 28, 2021 Regular City Council Meeting minutes; the September 29, 2021 Special City Council Meeting - Parks Master Plan Open House minutes; and the September 30, 2021 Special City Council Meeting - TML Region 3 Regional Meeting minutes. 

  Vote: 6 - 0 Motion carried
 
Other: Council Member Randy Christian (ABSENT)
             
   7. 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 Juan A. Chadis, seconded by Council Member Latrelle Joy to approve items 7.1-7.26.





























  Vote: 6 - 0 Motion carried
 
Other: Council Member Randy Christian (ABSENT)
             
   1. Resolution - Finance: Resolution No. 2021-R0414 expressing intent to finance expenditures to be incurred for various capital projects and equipment, which were approved by the City Council in the FY 2021-22 Budget and Capital Program, and to reimburse the City from the proceeds of obligations that will be issued after the expenditure of funds, to pay costs of such projects and equipment.
             
   2. Budget Amendment Ordinance 2nd Reading - Finance: Ordinance No. 2021-O0148, Amendment 2, amending the FY 2021-22 Budget for municipal purposes respecting the Grant Fund to accept and appropriate funding from the FY 2021 Federal Transit Administration Section 5310 Coronavirus Response and Relief Supplemental Appropriation Act Grant and Airport Capital Fund, to appropriate additional funding for Capital Improvement Project 92717, replace Aircraft Rescue Fire Fighting (ARFF) Vehicle; providing for filing; and providing for a savings clause.
             
   1. Resolution - Public Transit Services: Resolution No. 2021-R0415 authorizing the acts of the City Financial Officer, in ratifying FY 2021 Federal Transit Administration Section 5310 Coronavirus Response and Relief Supplemental Appropriations Act Grant, Project ID TX-2021-106-00, for the mobility of elderly individuals and individuals with disabilities.
             
   3. Ordinance 2nd Reading - Right-of-Way: Ordinance No. 2021-O0149, abandoning and closing an easement, located in Lot 22A, Tanglewood Addition, Lubbock County, Texas, at 4601 23rd Street.
             
   4. Ordinance 1st Reading - Right-of-Way: Ordinance No. 2021-O0150, abandoning and closing a 20-foot alley right-of-way, located in Block 7, Original Town of Lubbock, Lubbock County Texas, at 5th Street and Avenue J.
             
   5. Resolution - Right-of-Way: Resolution No. 2021-R0416 authorizing the Mayor to execute a Parking Lease Agreement between the City of Lubbock and Cast Iron Grill, for the use of a City-owned parking lot at 1801 Crickets Avenue.
             
   6. Resolution - Planning: Resolution No. 2021-R0417 authorizing the Mayor to execute a Dedicatory Deed, associated Easements, and all related documents, in connection with property described as Tract A, Milwaukee EST Addition, Lubbock County, Texas, located south of 104th Street and west of Milwaukee Avenue.
             
   7. Resolution - Engineering: Resolution No. 2021-R0418 ratifying the actions of the Mayor, in executing Contract 16224, an agreement and related documents, with the Texas Water Development Board (TWBD), for a grant utilizing TWBD Category 1 Flood Infrastructure Funds (FIF) associated with the project Flood Protection Planning of Watersheds.
             
   8. Resolution - Engineering: Resolution No. 2021-R0419 authorizing the Mayor to execute Construction Service Contract 15944, with Garney Companies, Inc., for improvements at Pump Station No. 4, including pumps, motors, and starters.
             
   9. Resolution - Public Works: Resolution No. 2021-R0420 authorizing the Mayor to execute Change Order No. 1 to Contract 15875, with MH Civil Constructors, Inc., for the construction of the brick paving project at the intersection of 13th Street and Texas Avenue.
             
   10. Resolution - Public Works: Resolution No. 2021-R0421 authorizing the Mayor to execute an Advanced Funding Agreement, Contract 16170, between the City of Lubbock and the State of Texas, acting through the Texas Department of Transportation (TxDOT), for the Pedestrian and Bicyclist Connectivity Project inside Loop 289, at various locations.
             
   11. Resolution - Water Utilities: Resolution No. 2021-R0422 authorizing the Mayor to execute the Third Amendment to the Raw Water Lease, between the City of Lubbock and the Lake Alan Henry Water Distr.
             
   12. Resolution - Public Works Streets: Resolution No. 2021-R0423 authorizing the Mayor to execute Amendment No. 1 to Professional Services Agreement, Contract 15344, with Infrastructure Management Services, for an extension of time.
             
   13. Resolutions - Public Works Streets: Resolution No.'s 2021-R0424 and 2021-R0425 authorizing the Mayor to execute Contract 16197, with MUDco Ready Mix, LLC, and Contract 16093, with West Infrastructure Construction, LLC, to establish the annual pricing of concrete products.
             
   14. Ordinance 1st Reading - Traffic Management: Ordinance No. 2021-O0151, amending Section 20.05.103 of the Code of Ordinances of the City of Lubbock, with regard to school zones.
             
   15. Resolution - Business Development: Resolution No. 2021-R0426 approving the Upland Crossing Public Improvement District (PID) Board Bylaws, as reviewed and recommended by the Upland Crossing PID Advisory Board.
             
   16. Resolution - Community Development: Resolution No. 2021-R0427 authorizing the Mayor to execute Contract 16151, and all related documents, between the City of Lubbock Community Development Department and the U. S. Department of Housing and Urban Development, for the Community Development Block Grant.
             
   17. Resolution - Community Development: Resolution No. 2021-R0428 authorizing the Mayor to execute Contract 16152, and all related documents, between the City of Lubbock Community Development Department and the U.S. Department of Housing and Urban Development, for the Emergency Solutions Grant.
             
   18. Resolution - Community Development: Resolution No. 2021-R0429 authorizing the Mayor to execute Contract 16153, and all related documents, between the City of Lubbock Community Development Department and the U. S. Department of Housing and Urban Development, for the Community Housing Development Organization.
             
   19. Resolution - Aviation: Resolution No. 2021-R0430 authorizing the Mayor to execute Amendment No. 6 to Contract 15200, with RS&H, Inc., for the Security Systems Upgrade at Lubbock Preston Smith International Airport.
             
   20. Resolution - Public Transit Services: Resolution No. 2021-R0431 authorizing the Mayor to execute Contract 15860, with Southern Tire Mart, LLC, for the supply of tires for Citibus paratransit vans and staff support vehicles.
             
   21. Resolution - Health Benefits: Resolution No. 2021-R0432 authorizing the Mayor to execute the renewal of Contract 14820, by and between the City of Lubbock and Dearborn National Life Insurance, to enhance services by adding the SelerixBenSelect benefits administration system.
             
   22. Resolution - Facilities Management: Resolution No. 2021-R0433 authorizing the Mayor to execute Contract 16057 with BFD Interiors, dba Built for Dreams, for purchase and installation of furniture for the newly constructed Lubbock Power and Light GIS addition.
             
   23. Resolution - Fleet Services: Resolution No. 2021-R0434 authorizing the Mayor to execute Purchase Order 31062145, with C&C Manufacturing, LLC, for the purchase of a new 2022 Aljon Landfill Compactor, for Solid Waste Landfill.
             
   24. Resolution - Parks and Recreation: Resolution No. 2021-R0435 authorizing the Mayor to execute Amendment No. 5 to the Lease Agreement, with Joyland Amusement Park, to extend the term until December 31, 2021.
             
   25. Resolution - Civic Center: Resolution No. 2021-R0436 approving the recommendation from the Cultural Arts Grant Review Committee and the Civic Lubbock, Inc. Board of Directors, for the 2021 Live Music Performance Grant Program using Hotel Occupancy Tax funds collected at the end of FY 2019-20.
             
   26. Resolution - Lubbock Power & Light: Resolution No. 2021-R0437 ratifying the Second Amendment to the Master Sales Agreement, by and between the City of Lubbock acting by and through its Electric Utility Board and City Council, and Itron, Inc., regarding the installation, maintenance, and support services relating to automatic meters and metering.
             
   8. Regular Agenda
             
   1. Board Appointments - City Secretary: Resolution No. 2021-R0438 authorizing the City Council to cast votes for candidates to the Lubbock Central Appraisal District Board of Directors.

Rebecca Garza, city secretary, gave comments and answered questions from City Council.
             
  Motion by Mayor Pro Tem Steve Massengale, seconded by Council Member Juan A. Chadis to approve Resolution No. 2021-R0438 with 218 votes for Sonny Garza; 218 votes for Brady Goen; 218 votes for Greg Jones; 218 votes for Bobby McQueen; and 217 votes for Noe Reynolds.


  Vote: 6 - 0 Motion carried
 
Other: Council Member Randy Christian (ABSENT)
             
   2. Board Appointments - City Secretary: Consider appointments to the Airport Board.
             
  Motion by Council Member Latrelle Joy, seconded by Council Member Juan A. Chadis to reappoint Howard G. Thrash and David Zwiacher; and appoint Eddie Harris to replace Grady Terrill.


  Vote: 6 - 0 Motion carried
 
Other: Council Member Randy Christian (ABSENT)
             
   3. Public Hearing - Business Development: Ordinance No. 2021-O0152, reviewing classifications for the methods of assessing special benefits for the services and improvements of property in the Northwest Passage PID; approving, adopting, and filing with the City Secretary the assessment roll; levying 2022 assessments for the cost of certain services and improvements to be provided in the district during FY 2022-23; fixing charges and liens against the property in the district and against the owners thereof; and providing for the collection of the assessment.

Brianna Gerardi, business development director, gave a presentation and answered questions from City Council. Mont McClendon, with McDougal Properties, gave comments and answered questions from City Council.

Mayor Pope opened the public hearing at 5:15 p.m.

Mont McClendon, with McDougal Properties, appeared to speak in favor.

No one appeared to speak in opposition.

Mayor Pope closed the public hearing at 5:16 p.m.       
             
  Motion by Council Member Latrelle Joy, seconded by Council Member Jeff Griffith to approve Ordinance No. 2021-O0152.



  Vote: 5 - 0 Motion carried
 
Other: Council Member Randy Christian (ABSENT)
  Council Member Shelia Patterson Harris (AWAY)
             
   4. Public Hearing - Business Development: Hold a public hearing for the City Council to consider the creation of a Public Improvement District for Willow Bend Villas, which covers a portion of an area in the City of Lubbock, Lubbock County, Texas, generally bounded by 19th Street on the north, Kelsey Avenue on the east, and railroad tracks on the south and west.

Public Hearing only

Brianna Gerardi, business development director, gave a presentation and answered questions from City Council.

Mayor Daniel M. Pope, read into the record, the following statement: "City Council will hold a public hearing to consider the creation of the Willow Bend Villas Public Improvement District. This public hearing is required by the Texas Local Government Code."

Mayor Pope opened the public hearing at 5:23 p.m.

Ronnie Wallace, with Betenbough Homes, appeared to speak in favor.

No one appeared to speak in opposition.

Mayor Pope closed the public hearing at 5:26 p.m.
             
   5. Resolution - Business Development: Resolution No. 2021-R0439 making findings and authorizing establishment of the Willow Bend Villas Public Improvement District (PID), which covers a portion of an area in the City of Lubbock, Lubbock County, Texas, generally bounded by 19th Street on the north, Kelsey Avenue on the east, and railroad tracks on the south and west.

Brianna Gerardi, business development director, gave a presentation and answered questions from City Council.
             
  Motion by Council Member Latrelle Joy, seconded by Mayor Pro Tem Steve Massengale to approve Resolution No. 2021-R0439.



  Vote: 6 - 0 Motion carried
 
Other: Council Member Randy Christian (ABSENT)
             
   6. Public Hearing - Business Development: Hold a public hearing regarding the proposed creation of the City of Lubbock Property Assessed Clean Energy Program (Lubbock City PACE).

Public Hearing only

Brianna Gerardi, business development director, gave a presentation and answered questions from City Council.

Mayor Daniel M. Pope, read into the record, the following statement: "The Texas Local Government Code requires a public hearing for the City Council to consider the creation of a Property Assessed Clean Energy (PACE) program, at this time I will open the public hearing in regard to the creation of the Lubbock PACE program."

Mayor Pope opened the public hearing at 5:32 p.m.

Josh Allen and Chris Harrington appeared to speak in favor.

No one appeared to speak in opposition.

Mayor Pope closed the public hearing at 5:36 p.m.
             
   7. Resolution - Business Development: Resolution No. 2021-R0440 to establish the City of Lubbock Property Assessed Clean Energy Program (Lubbock City PACE).

Brianna Gerardi, business development director, gave a presentation and answered questions from City Council.
             
  Motion by Council Member Jeff Griffith, seconded by Council Member Juan A. Chadis to approve Resolution No. 2021-R0440.


  Vote: 6 - 0 Motion carried
 
Other: Council Member Randy Christian (ABSENT)
             
   8. Resolution - Business Development: Resolution No. 2021-R0441 authorizing the Mayor to execute Contract 16202, with Texas Property Assessed Clean Energy Authority (Texas PACE Authority), for administrative services for the City of Lubbock Property Assessed Clean Energy Program (Lubbock City PACE).

Brianna Gerardi, business development director, gave a presentation and answered questions from City Council.
             
  Motion by Council Member Jeff Griffith, seconded by Mayor Pro Tem Steve Massengale to approve Resolution No. 2021-R0441.

  Vote: 6 - 0 Motion carried
 
Other: Council Member Randy Christian (ABSENT)
5:40 P.M. CITY COUNCIL ADJOURNED
 
There being no further business to come before Council, Mayor Pope adjourned the meeting.

 

The October 26, 2021 Regular City Council Meeting minutes were approved by the City Council on the 16th day of November, 2021.


 

  ____________________________________
DANIEL M. POPE, MAYOR
ATTEST:
 
 
___________________________________
Rebecca Garza, City Secretary
 

    

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