Return
CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING December 6, 2022 11:30 A.M.   The City Council of the City of Lubbock, Texas met in regular session on the 6th of December, 2022, in City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas at 11:30 a.m.   11:30 A.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 Latrelle Joy; Council Member Christy Martinez-Garcia; Council Member Steve Massengale; Council Member Mark W. McBrayer; Council Member Dr. Jennifer Wilson; City Manager W. Jarrett Atkinson; City Secretary Rebecca Garza; City Attorney Chad Weaver
Note: City Council addressed agenda items in the following order: Executive Session; 2.1-2.2; Citizen Comments 3; 4.1; 5.1-5.28; 6.1-6.3; 6.5-6.6; 6.4; and 6.7. Item No. 6.4 was amended.

1.				Executive Session The meeting recessed at 11:31 a.m. and reconvened in Executive Session under the provisions of Section 551, Texas Government Code. City Council reconvened in open session at 2:00 p.m., and the meeting was called to order at 2:02 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.		Chapter 22 of the Lubbock City Code and Chapter 13 of the Texas Water Code
		2.		Approximately 14 acres out of BLK O, Sec 3, AB 24, Park TR North of Parkway Drive
		3.		Discuss Chapters 501-504 of the Texas Local Government Code
	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.		Approximately 14 acres out of BLK O, Sec 3, AB 24, Park TR North of Parkway Drive
	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.		City Secretary
	4.			Hold an executive session in accordance with Texas Government Code, Section 551.087, to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; and to deliberate the offer of a financial or other incentive to a business prospect described herein above.
		1.		Evergreen
		2.		Blizzard Falls
		3.		176
2:00 p.m. - City Council reconvenes in Open Session in City Council Chambers. City Council reconvened at 2:00 p.m.
2.				Ceremonial Items
	1.			Invocation Pastor Lloyd Zuniga, Across the Way Baptist Church, led the invocation.
	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 2:02 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 6, 2022. Citizen Comments provide 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.
4.				Minutes
	1.			November 1, 2022 Regular City Council Meeting

				Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Mark W. McBrayer, to approve the November 1, 2022 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 Steve Massengale, seconded by Council Member Dr. Jennifer Wilson, to approve items 5.1-5.28.

				Vote: 7 - 0 Motion carried
	1.			Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2022-O0159, Amendment 3, amending the FY 2022-23 Budget for municipal purposes respecting the Lubbock Business Park Tax Increment Financing (TIF) Capital Fund to establish Capital Improvement Project 92810, Business Park Median Irrigation; providing for filing; and providing for a savings clause.
	2.			Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2022-O0160, Amendment 4, amending the FY 2022-23 Budget for municipal purposes respecting civil service positions; providing for filing; and providing for a savings clause.
	3.			Budget Ordinance Amendment 1st Reading - Finance: Ordinance No. 2022-O0169, Amendment 5, amending the FY 2022-23 Budget for municipal purposes respecting the Streets Capital Project Fund to establish approved projects from the 2022 Street Bond Election; providing for filing; and providing for a savings clause.
	4.			Resolution - Finance: Resolution No. 2022-R0488 expressing intent to finance expenditures to be incurred for various capital projects approved by the Citizens of Lubbock in the November 8, 2022 Street Bond Election, 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.
	5.			Ordinance 1st Reading - Right-of-Way: Ordinance No. 2022-O0170, abandoning and closing a portion of a stormwater storage and drainage easement (V8489 P177), located in Tract D, The Falls at Suncrest Addition, Lubbock County, Texas.
	6.			Ordinance 1st Reading - Right-of-Way: Ordinance No. 2022-O0171, abandoning and closing a portion of alley right-of-way, located west of Lot 93, Hatton Place Addition, Lubbock County, Texas.
	7.			Ordinance 1st Reading - Right-of-Way: Ordinance No. 2022-O0172, abandoning and closing an underground utility easement and portions of two drainage easements, located on Tract J, Commons South Addition, Lubbock County, Texas.
	8.			Resolution - Right-of-Way: Resolution No. 2022-R0489 authorizing the Mayor to accept, for and on behalf of the City of Lubbock, a Street Dedication Deed and all related documents, in connection with certain real property located in Section 20, Block AK, Lubbock County, Texas, to be utilized for unpaved road improvements.
	9.			Resolution - Right-of-Way: Resolution No. 2022-R0490 authorizing the Mayor to accept, for and on behalf of the City of Lubbock, a Street Dedication Deed and all related documents, in connection with certain real property located in Section 42, Block AK, Lubbock County, Texas, to be utilized for unpaved road improvements.
	10.			Resolution - Right-of-Way: Resolution No. 2022-R0491 authorizing the Mayor to accept, for and on behalf of the City of Lubbock, a Street Dedication Deed and all related documents, in connection with certain real property located in Section 2, Block A, Lubbock County, Texas, to be utilized for unpaved road improvements.
	11.			Resolution - Right-of-Way: Resolution No. 2022-R0492 authorizing the Mayor to accept for and on behalf of the City of Lubbock, a General Warranty Deed and all related documents, associated with certain property which is more or less a 1.315-acre tract located in Section 5, Block B, Lubbock County, Texas, owned by Lubbock Independent School District. Jarrett Atkinson, city manager, gave a presentation and answered questions from City Council.
	12.			Resolutions - Water Treatment: Resolution No.'s 2022-R0493, 2022-R0494, 2022-R0495, and 2022-R0496 authorizing the Mayor to execute four separate contracts with DPC Industries, Inc., Chemtrade Chemicals US, LLC, Chameleon Industries, Inc., and Chemrite, Inc., for the purchase of chemicals for the North and South Water Treatment Plants and the Bailey County Well Field.
	13.			Resolution - Fleet Services: Resolution No. 2022-R0497 authorizing the Mayor to execute Purchase Order 31070176, with Warren CAT, for the purchase of one Caterpillar D8 Track Dozer for the Solid Waste Landfill.
	14.			Resolution - Fleet Services: Resolution No. 2022-R0498 authorizing the Mayor to execute Purchase Order 31070383, with Yellowhouse Machinery Co., for the purchase of two John Deere backhoe loaders for the Water Distribution & Maintenance Department.
	15.			Resolution - Fleet Services: Resolution No. 2022-R0499 authorizing the Mayor to amend Purchase Order 31062734, with Romco Equipment Company, for the purchase of a cement mixing truck for the Water Distribution & Maintenance Department.
	16.			Resolution - Fleet Services: Resolution No. 2022-R0500 authorizing the Mayor to execute Purchase Order 31070037, with Cemen Tech, Inc., for the purchase of one 2023 M2-106 Freightliner cab & chassis truck for the Water Distribution & Maintenance Department.
	17.			Resolution - Facilities Management: Resolution No. 2022-R0501 authorizing the Mayor to execute Service Contract No. 16747, with Genserve, LLC dba L.J. Power Generators, Inc., for fixed generator repair and maintenance of City-owned generators at various locations.
	18.			Resolution - Public Health Services: Resolution No. 2022-R0502 authorizing and directing the Mayor to execute Amendment No. 2 to the Department of State Health Services Contract No. HHS001120300005, under the STD/HIV-DIS Prevention Services Grant Program, and all related documents, by and between the City of Lubbock and the State of Texas Department of State Health Services.
	19.			Resolution - Community Development: Resolution No. 2022-R0503 authorizing the Mayor to execute Amendment No. 2 to Community Development Funding Contract 16001, and all related documents, with YWCA of Lubbock, to provide Childcare Assistance to qualified persons.
	20.			Resolution - City Manager: Resolution No. 2022-R0504 authorizing the Mayor to execute Professional Services Agreement 16872, with Strategic Government Resources, Inc., for executive recruitment services.
	21.			Resolution - City Manager: Resolution No. 2022-R0505 authorizing the Mayor to execute for and on behalf of the City of Lubbock, a Real Estate Purchase and Sale Agreement, for the purchase of certain real property located in Block B, Section 2, Abstract 659, Lubbock County, Texas, owned by BNSF Railway Company. Jarrett Atkinson, city manager, gave a presentation and answered questions from City Council.
	22.			Ordinance 2nd Reading - Planning (District 1): Ordinance No. 2022-O0161, for Zone Case 0604-A, a request of George Castillo, for a zone change from General Retail District (C-3) to Reduced Setback Single-Family District (R-1A), at 303 North Avenue Q, located north of Baylor Street and west of North Avenue Q, Manson Heights Addition, Block 1, Lot 2.
	23.			Ordinance 2nd Reading - Planning (District 1): Ordinance No. 2022-O0162, for Zone Case 2565-F, a request of Jessie R. Romero, for a zone change from Interstate Highway Commercial District (IHC) to Reduced Setback Single-Family District (R-1A), at 915 32nd Street, located south of 32nd Street and west of Interstate 27, Flynn Place Addition, Block 3, the west 28.59 feet of Lot 10 and Lot 11.
	24.			Ordinance 2nd Reading - Planning (District 4): Ordinance No. 2022-O0163, for Zone Case 3257-I, a request of Seventeen Services LLC for Edge Concepts, for a zone change from Garden Office District (GO) to Apartment-Medical District (AM), at 3226 140th Street, located north of 140th Street and east of Indiana Avenue, Viridian Estates Addition, Tract D.
	25.			Ordinance 2nd Reading - Planning (District 4): Ordinance No. 2022-O0164, for Zone Case 3274-E, a request of Betenbough Homes, for a zone change from Interstate Highway Commercial District (IHC) to Reduced Setback Single-Family District (R-1A), generally located east of Avenue U and north of 133rd Street, Bell Farms Addition, Lots 1652 through 1676, 1681 through 1692, 1698 through 1709, 1718 through 1739 and Tracts CC and DD.
	26.			Ordinance 2nd Reading - Planning (District 4): Ordinance No. 2022-O0165, for Zone Case 3472, a request of Hugo Reed and Associates, Inc. for Red Canyon Development, LLC, for a zone change from Transition District (T) to Restricted Local Retail District (C-2A) and Local Retail District (C-2), generally located south of 146th Street and west of Quaker Avenue, on 19.4 acres of unplatted land out of Block AK, Section 6.
	27.			Ordinance 2nd Reading - Planning (District 5): Ordinance No. 2022-O0166, for Zone Case 3126-D, a request of Hugo Reed and Associates, Inc. for SWLLD, LLC and FADEV, LLC, for a zone change from Transition District (T), Interstate Highway Industrial District (IHI), General Retail District (C-3) and High-Density Apartment District (A-2) to Two-Family District (R-2), High-Density Apartment District (A-2), Local Retail District (C-2) and Interstate Highway Commercial District (IHC), generally located north of 130th Street (proposed Loop 88) and west of Frankford Avenue, on 99.4 acres of land out of Block AK, Section 20.
	28.			Ordinance 2nd Reading - Planning (District 6): Ordinance No. 2022-O0167, for Zone Case 1875-Y, a request of AMD Engineering, LLC for H&M Investments & Rentals LLC, for a zone change from High-Density Apartment District (A-2) to Two-Family District (R-2), at 6606 26th Street, located north of 26th Street and west of Norwich Avenue, Commanders Addition, the south 440 feet of the east 400 feet of Lot 2.
6.				Regular Agenda
	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 2023 calendar year, with the term ending on December 31, 2023.

				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 2023 calendar year.

				Vote: 7 - 0 Motion carried
	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 2023 calendar year, with the term ending on December 31, 2023.

				Motion by Council Member Latrelle Joy, seconded by Council Member Christy Martinez-Garcia, to appoint Cassandra (Sandy) Henry as Chair of the Lubbock Business Park Tax Increment Financing (TIF) Reinvestment Zone Board of Directors for the 2023 calendar year.

				Vote: 7 - 0 Motion carried
	3.			Board Appointment - City Secretary: Consider the appointment of the Chairperson of the North Overton Tax Increment Financing Reinvestment Zone (TIF) Board of Directors, for the 2023 calendar year, with the term ending on December 31, 2023.

				Motion by Council Member Latrelle Joy, seconded by Council Member Christy Martinez-Garcia, to appoint Jeff Dane as Chair of the North Overton Tax Increment Financing (TIF) Reinvestment Zone Board of Directors for the 2023 calendar year.

				Vote: 7 - 0 Motion carried
	4.			Public Hearing - Planning (District 4): Ordinance No. 2022-O0173, for a request for annexation, from Red Canyon Development, LLC, to annex an area of approximately 17.33 acres, adjacent to the southern city limits of the City of Lubbock, north of Woodrow Road and west of Quaker Avenue. This item was amended. Kristen Sager, director of planning, gave a presentation and answered questions from City Council. Chad Weaver, city attorney, gave comments and answered questions from City Council. Mayor Tray Payne, read into the record, the following statement: "The Texas Local Government Code requires a public hearing for the City Council to consider the annexation of property. At this time, I will open the public hearing in regard to the annexation of an area of approximately 16.05 acres, adjacent to the southern city limits of the City of Lubbock, north of Woodrow Road and west of Quaker Avenue." Mayor Payne opened the public hearing at 2:37 p.m. Thomas Payne, with Red Canyon Development, appeared to speak in favor. No one appeared to speak in opposition.  Mayor Payne closed the public hearing at 2:39 p.m.

				Motion by Council Member Steve Massengale, seconded by Council Member Dr. Jennifer Wilson, to approve Ordinance No. 2022-O0173 with the following amendment:   Replacement of Exhibit A with Exhibit B that revises the amount of property to be annexed from 17.33 acres to 16.05 acres.

				Vote: 7 - 0 Motion carried
	5.			Ordinance 2nd Reading - Planning (District 3): Ordinance No. 2022-O0168, for Zone Case 0417-A, a request of AMD Engineering, LLC for Gary Randall Andrews, for a zone change from Single-Family District (R-1) to Garden Office District (GO), generally located north of 23rd Street and west of Slide Road, on 2.02 acres of land from Sisco Addition, Lot 1-A.

				Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Dr. Jennifer Wilson, to approve Ordinance No. 2022-O0168.

				Vote: 4 - 3 Motion carried
				NAY: Mayor Pro Tem Shelia Patterson Harris   Council Member Latrelle Joy   Council Member Mark W. McBrayer
	6.			Resolution - Finance: Resolution No. 2022-R0506 authorizing publication and posting of notices of intention to issue (i) water and wastewater system revenue bonds in a principal amount not to exceed $17,500,000 for the purpose of acquiring, purchasing, constructing, improving, renovating, enlarging and equipping property, buildings, structures, facilities and related infrastructure for the City’s Water and Wastewater System and (ii) combination tax and revenue certificates of obligation in a principal amount not to exceed $18,750,000 for the purpose of funding improvements to the City’s Solid Waste Disposal System. Blu Kostelich, chief financial officer, gave comments and answered questions from City Council. Matt Boles, managing director with RBC Capital Markets, gave a presentation and answered questions from City Council.

				Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Latrelle Joy, to approve Resolution No. 2022-R0506.

				Vote: 7 - 0 Motion carried
	7.			Resolution - Business Development: Resolution No. 2022-R0507 approving the resolution of the Lubbock Economic Development Alliance, Inc., authorizing the issuance of sales tax revenue bonds in a principal amount not to exceed $32,500,000 for the purpose of funding projects for the promotion and development of new and expanded business enterprises, including the acquisition of interests in land and the design, construction, acquisition, rehabilitation, renovation, expansion, improvement and equipment of streets, roads, water and sewer utilities, and related infrastructure and improvements; approving a Sales Tax Remittance Agreement; and resolving other matters related thereto. Jarrett Atkinson, city manager; and John Osborne, president and chief executive officer for Lubbock Economic Development Alliance (LEDA) and Market Lubbock, Inc., gave comments and answered questions from City Council. Jason Hughes, managing director with Hilltop Securities, gave a presentation and answered questions from City Council.

				Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Mark W. McBrayer, to approve Resolution No. 2022-R0507.

				Vote: 6 - 0 Motion carried
				Other: Council Member Steve Massengale (RECUSE)

2:52 P.M. CITY COUNCIL ADJOURNED   There being no further business to come before Council, Mayor Payne adjourned the meeting.

The December 6, 2022 Regular City Council Meeting minutes were approved by the City Council on the 10th day of January, 2023.

____________________________________ TRAY PAYNE, MAYOR ATTEST:     ___________________________________ Rebecca Garza, City Secretary