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City of Lubbock, Texas
Regular City Council Meeting
March 26, 2024
Tray Payne, Mayor
Shelia Patterson Harris, Mayor Pro Tem, District 2
Christy Martinez-Garcia, Councilwoman, District 1
Mark W. McBrayer, Councilman, District 3
Steve Massengale, Councilman, District 4
Dr. Jennifer Wilson, Councilwoman, District 5
Latrelle Joy, Councilwoman, District 6
W. Jarrett Atkinson, City Manager
Mitchell Satterwhite, Interim City Attorney
Courtney Paz, City Secretary
http://www.mylubbock.us
City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas
City of Lubbock City Council Meetings are available to all persons regardless of disability. If you require special assistance, please contact the City Secretary's Office at (806)775-2061 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting.
Note: On occasion the City Council may consider agenda items out of order.
9:00 a.m. - City Council convenes in City Council Chambers, and immediately recesses into Executive Session.
1.
Executive Session
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.
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1.
1.
Dan Wilson Homes, Inc. v. Kristen Sager, in her official capacity as Director of Planning and Zoning for the City of Lubbock, Egenbacher Real Estate LC, and 11601 Slide LP, Cause No. DC-2024-CV-0167, in the 99th District Court, Lubbock County, Texas
1.
1.
2.
Vital Statistics
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1.
3.
Cybersecurity
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 Lake Alan Henry Board of Appeals.
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:
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3.
1.
City Attorney
Adjourn from Executive Session
2:00 p.m. - City Council reconvenes in Open Session in City Council Chambers.
2.
Ceremonial Items
2.
1.
Invocation
2.
2.
Pledges of Allegiance
Call to Order
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 March 26, 2024.
Citizen Comments provide an opportunity for citizens to make comments and express a position on agenda items.
4.
Minutes
4.
1.
January 24, 2024 Special City Council Meeting - Lubbock Economic Development Alliance
February 12, 2024 Special City Council Meeting - Electric Utility Board
February 27, 2024 Regular City Council Meeting
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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.
5.
1.
Budget Ordinance Amendment 2nd Reading - Finance:
Consider Budget Ordinance No. 2024-O0024, Amendment 15, amending the FY 2023-24 Budget for municipal purposes respecting the Parks Capital Projects Fund; providing for filing; and providing for a savings clause.
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5.
1.
1.
Resolution - Parks and Recreation:
Consider a resolution authorizing the Mayor to execute Contract 17786, with Thunder Pump Service, for installation of a new water well system at the Berl Huffman Athletic Complex.
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5.
2.
Budget Ordinance Amendment 1st Reading - Finance:
Consider Budget Ordinance Amendment 14, amending the FY 2023-24 Budget for municipal purposes regarding the reallocation of American Rescue Plan Act (ARPA) funding for the Internal Service Capital Project Fund, General Capital Project Fund, and the Water Capital Project Fund; providing for filing; and providing for a savings clause.
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5.
3.
Budget Ordinance Amendment 1st Reading - Finance:
Consider Budget Ordinance Amendment 16, amending the FY 2023-24 Budget for municipal purposes respecting the Donations Fund; providing for filing; and providing for a savings clause.
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5.
3.
1.
Resolution - Parks and Recreation:
Consider a resolution authorizing the Mayor to accept a donation in the amount of $47,398.72 from Lubbock Experience, Inc., for the maintenance and repairs of the Tornado Memorial located at the corner of Avenue Q and Glenna Goodacre Boulevard.
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5.
4.
Budget Ordinance Amendment 1st Reading - Finance:
Consider Budget Ordinance Amendment 17, amending the FY 2023-24 Budget for municipal purposes respecting the Grant Fund; providing for filing; and providing for a savings clause.
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5.
5.
Budget Ordinance Amendment 1st Reading - Finance:
Consider Budget Ordinance Amendment 18, amending the FY 2023-24 Budget for municipal purposes respecting the General Capital Project Fund; providing for filing; and providing for a savings clause.
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5.
6.
Budget Ordinance Amendment 1st Reading - Finance:
Consider Budget Ordinance Amendment 19, amending the FY 2023-24 Budget for municipal purposes respecting the Grant Fund; providing for filing; and providing for a savings clause.
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5.
7.
Budget Amendment Ordinance 1st Reading - Finance:
Consider Budget Ordinance Amendment 20, amending the FY 2023-24 Budget for municipal purposes respecting the Water Capital Project Fund; providing for filing; and providing for a savings clause.
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5.
8.
Resolution - Risk Management:
Consider a resolution authorizing and directing the City Manager to purchase, for and on behalf of the City of Lubbock, airport and non-owned aircraft liability insurance coverage from Ace Property and Casualty Insurance Company, for which the premium amount shall not exceed $41,490.00.
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5.
9.
Resolution - Risk Management:
Consider a resolution authorizing and directing the City Manager to purchase, for and on behalf of the City of Lubbock, workers' compensation coverage from the Texas Municipal League Intergovernmental Risk Pool, for which the total amount shall not exceed $1,970,994.44.
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5.
10.
Resolution - Risk Management:
Consider a resolution authorizing and directing the City Manager to purchase, for and on behalf of the City of Lubbock, layered excess liability insurance coverage (the Program) from Texas Insurance Company (35.714% of the Program) and Upland Specialty Insurance Company (64.286% of the Program), for which the premium amount shall not exceed $422,928.01 and $761,280.09, respectively.
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5.
11.
Resolution - Risk Management:
Consider a resolution authorizing and directing the City Manager to purchase, for and on behalf of the City of Lubbock, boiler and machinery insurance coverage from Liberty Mutual Insurance Company, for which the premium amount shall not exceed a rate of $0.0036 per $100 equipment valuation.
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5.
12.
Resolution - Risk Management:
Consider a resolution authorizing and directing the City Manager to purchase, for and on behalf of the City of Lubbock, property terrorism insurance coverage from Underwriters at Lloyd's of London, for which the premium amount shall not exceed a rate of $0.0033 per $100 valuation.
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5.
13.
Resolution - Risk Management:
Consider a resolution authorizing and directing the City Manager, for and on behalf of the City of Lubbock, to purchase property insurance coverage with Lloyd's – HCC Insurance; Lloyds-Fidelis Insurance; StarStone Specialty Insurance; Sutton Specialty Insurance; Lexington Insurance; Fidelis; Arch Specialty Insurance; Palms Specialty Insurance; Evanston Insurance Company; Kinsale Insurance Company; Axis Surplus Insurance Company; James River Insurance; Texas Insurance Company; Trisura Specialty; Harleysville Insurance Company of New York; Mitsui Sumitomo; Landmark American Insurance and AXA XL Insurance Companies, for which the premium shall not exceed a rate of $0.3016 per $100 of valuation.
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5.
14.
Resolution - Risk Management:
Consider a resolution authorizing and directing the City Manager to purchase for and on behalf of the City of Lubbock, Network Security and Privacy Insurance coverage from Crum & Forster Insurance Company, for which the premium amount shall not exceed $110,500.
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5.
15.
Resolution - Risk Management:
Consider a resolution authorizing the Mayor to execute a contract with Kroll, LLC, for appraisal services of City-owned property.
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5.
16.
Resolution - Business Development:
Consider a resolution approving a Downtown Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to Duncan Bradley Green, located at 504 Avenue G, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation.
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5.
17.
Resolution - Business Development:
Consider a resolution approving a Downtown Grant Program (Permittable) expenditure of Market Lubbock, Inc., to be provided to Duncan Bradley Green, located at 504 Avenue G, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation.
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5.
18.
Resolution - Business Development:
Consider a resolution authorizing a Downtown Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to Q-505 dba Double Tree Lubbock University Area, located at 505 Avenue Q, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation.
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5.
19.
Resolution - Business Development:
Consider a resolution authorizing a Commercial Revitalization Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to Chuck Chapman Electric, Inc., dba CC Electric, located at 1219 Avenue A, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation.
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5.
20.
Resolution - Business Development:
Consider a resolution authorizing a Commercial Revitalization Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to Woodberry Investments, LLC, located at 3532 34th Street, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation.
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5.
21.
Resolution - Business Development:
Consider a resolution authorizing a program or expenditure of the Lubbock Economic Development Alliance, to be provided to Vulpes Group Holding Corporation, pursuant to Section 501.073 of the Texas Local Government Code.
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5.
22.
Resolution - Business Development:
Consider a resolution authorizing the Mayor to execute Contract 17662, with West Texas Services, Inc. dba Tom's Tree Place, for installation of water well and electrical equipment protective coverings for Public Improvement Districts.
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5.
23.
Resolution - Business Development:
Consider a resolution authorizing the City Manager to approve an Extension of Construction Time in connection with that certain City Tax Abatement Agreement No. 17471, with Dura-Line, LLC.
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5.
24.
Ordinance 1st Reading - Right-of-Way:
Consider an ordinance abandoning and closing portions of alley right-of-way abutting Lot 8, Block 4, Clutter Addition to the City of Lubbock, Lubbock County, Texas.
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5.
25.
Ordinance 1st Reading - Right-of-Way:
Consider an ordinance abandoning and closing portions of alley right-of-way abutting, Block 10, Morning Side Addition to the City of Lubbock, Lubbock County, Texas.
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5.
26.
Ordinance 1st Reading - Right-of-Way:
Consider an ordinance abandoning and closing portions of street and alley right-of-way abutting, Block 136 and 137, Original Town of Lubbock Addition to the City of Lubbock, Lubbock County, Texas.
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5.
27.
Resolution - Right-of-Way:
Consider a resolution authorizing the mayor to execute a Street Use License Agreement, and related documents, by and between the City of Lubbock and NBB Investments LLC, regarding property located on the north side of 50th Street, between Gary Avenue and Flint Avenue.
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5.
28.
Resolution - Engineering:
Consider a resolution authorizing the Mayor to execute Public Works Contract 17870, and all related documents, with Utility Contractors of America, Inc., for Water Line Change Out Phase 6.
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5.
29.
Resolution - Engineering:
Consider a resolution authorizing the Mayor to execute Contract 17967, with Kimley-Horn and Associates, Inc., for providing professional services for the Unpaved Roads Improvements Project.
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5.
30.
Resolution - Engineering:
Consider a resolution authorizing the Mayor to execute Development Agreement Contract 17488, with Red Canyon Development, LLC, 146th & Quaker, LLC, Chad Michael Henthorn, 14th Texas Real Estate, LLC., and Bushland Springs, LLC., for the construction of a portion of Quaker Avenue, from 146th Street to Woodrow Road.
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5.
31.
Resolution
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Water Utilities:
Consider a resolution ratifying the actions of the City Manager, in executing Purchase Order 22105341, for the emergency purchase of 720 Memcor Membrane Modules from Du Pont (FilmTec Corporation), to replace failed membrane modules and to restore full production capability of the South Water Treatment Plant.
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5.
32.
Ordinance 2nd Reading - Building Safety:
Consider Ordinance No. 2024-O0025, amending Article 28.09 of the City of Lubbock Code of Ordinances with adoption of the 2021 International Building Code.
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5.
33.
Ordinance 2nd Reading - Building Safety:
Consider Ordinance No. 2024-O0026, amending Article 28.10 of the City of Lubbock Code of Ordinances with adoption of the 2021 International Plumbing Code.
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5.
34.
Ordinance 2nd Reading - Building Safety:
Consider Ordinance No. 2024-O0027, amending Article 28.11 of the City of Lubbock Code of Ordinances with adoption of the 2021 International Mechanical Code.
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5.
35.
Ordinance 2nd Reading - Building Safety:
Consider Ordinance No. 2024-O0028, amending Article 28.12 of the City of Lubbock Code of Ordinances with adoption of the 2020 National Electrical Code.
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5.
36.
Ordinance 2nd Reading - Building Safety:
Consider Ordinance No. 2024-O0029, amending Article 28.14 of the City of Lubbock Code of Ordinances with adoption of the 2021 International Residential Code.
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5.
37.
Ordinance 2nd Reading - Building Safety:
Consider Ordinance No. 2024-O0030, amending Article 28.15 of the City of Lubbock Code of Ordinances with adoption of the 2021 International Fuel Gas Code.
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5.
38.
Ordinance 2nd Reading - Building Safety:
Consider Ordinance No. 2024-O0031, amending Article 28.16 of the City of Lubbock Code of Ordinances with adoption of the 2021 International Energy Conservation Code.
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5.
39.
Ordinance 2nd Reading - Building Safety:
Consider Ordinance No. 2024-O0032, adding Article 28.17 to the City of Lubbock Code of Ordinances with adoption of the 2021 International Existing Building Code.
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5.
40.
Ordinance 2nd Reading - Building Safety:
Consider Ordinance No. 2024-O0033, adding Article 28.18 to the City of Lubbock Code of Ordinances with adoption of the 2021 International Swimming Pool and Spa Code.
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5.
41.
Ordinance 2nd Reading - Building Safety:
Consider Ordinance No. 2024-O0034, amending Chapter 28 "Building Regulations" Articles 28.01 - 28.08 of the City of Lubbock Code of Ordinances to reflect adoption of the 2021 International Codes and 2020 National Electrical Code.
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5.
42.
Ordinance 2nd Reading - Lubbock Fire Rescue:
Consider Ordinance No. 2024-O0035, amending Article 10.01 and Article 10.03 of the City of Lubbock Code of Ordinances with the adoption of the 2021 International Fire Code.
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5.
43.
Resolution - Planning:
Consider a resolution, pursuant to Chapter 42, Subchapter D, of the Texas Local Government Code, releasing the area described as Property I.D. R135889 by the Lubbock County Appraisal District, otherwise known as 5127 Woodrow Road, from the Extra-Territorial Jurisdiction (ETJ) of the City of Lubbock.
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5.
44.
Resolution - Code Enforcement:
Consider a resolution authorizing the Mayor to execute Contract 17769, with Matthews Backhoe, Inc., for the demolition of the Coronado Apartments located at 1714 East Broadway.
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5.
45.
Resolution - Parks and Recreation:
Consider a resolution authorizing the Mayor to execute Professional Services Agreement 17844, with PondMedics, Inc., for Cattail Removal and Control throughout the Jim Bertram Canyon Lakes System.
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5.
46.
Resolution - Parks and Recreation:
Consider a resolution authorizing the Mayor to execute Contract 17817 with Green Plains Design, for turf management and mowing of Group 5 & 10 - Class C Parks and Properties.
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5.
47.
Resolution - Police:
Consider a resolution authorizing the Mayor to execute a Memorandum of Understanding between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Lubbock, on behalf of the Lubbock Police Department, as it relates to the Lubbock Regional ATF Task Force.
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5.
48.
Ordinance 1st Reading - City Secretary:
Consider an ordinance declaring the unopposed candidate in the May 4, 2024, Special Election to fill a vacancy in City Council District No. 3, to be elected to office and canceling said Special Election, providing a savings clause, and providing an effective date.
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5.
49.
Ordinance 2nd Reading - City Manager:
Consider Ordinance No. 2024-O0036, amending Chapter 18, "Taxation", of the Code of Ordinances of the City of Lubbock, Texas by adding Article 18.05 to provide for an exemption from property taxation for qualifying child-care facilities in accordance with Section 11.36 of the Texas Tax Code.
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5.
50.
Resolution - City Manager:
Consider a resolution ratifying the acts of the City Manager in executing an application for the Texas State and Local Cybersecurity Grant Program.
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5.
51.
Resolution - City Manager:
Consider a resolution establishing a policy to permit developers to be credited for impact fees assessed in a service area for all developments being constructed by a developer within that service area.
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6.
Regular Agenda
6.
1.
Public Hearing - Planning (District 1):
Consider a request for Zone Case 0804-C, a request of Westar Commercial Realty for Cross Timber Land Holdings, LLC, for a zone change from Low Density Single-Family District (SF-2) to Heavy Commercial District (HC), at 219 and 301 Regis Street, located south of Regis Street and west of North Interstate 27, on 3.524 acres of land including Teal Addition, the south portion of the east 173.17 feet of Lot 5, and Teal Addition, the south portion of Lot 8, and the South portion of the west 86.73 feet of Lot 5 and approximately 2.40 acres of unplatted land out of Block A, Section 9, and consider an ordinance.
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6.
2.
Public Hearing - Planning (District 1):
Consider a request for Zone Case 2565-G, a request of DLC Designs, LLC for JGK, LLC, for a zone change from Heavy Commercial District (HC) to Neighborhood Commercial District (NC), at 2728 and 2730 Texas Avenue, located west of Texas Avenue and north of 29th Street, Texas Avenue Addition, Block 1, Lots 1 and 2, and consider an ordinance.
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6.
3.
Public Hearing - Planning (District 2):
Consider a request for Zone Case 3497, a request of Martin Meza for Beatriz Torres, for a Neighborhood Infill Overlay District (NIO) on property zoned Low Density Single-Family District (SF-2), at 2402 East 29th Street, located south of East 29th Street and east of Walnut Avenue, Manhattan Heights Addition, Lot 249, and consider an ordinance.
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6.
4.
Public Hearing - Planning (District 4):
Consider a request for Zone Case 3298-E, a request of Hugo Reed & Associates for Ford Development, for a zone change from Industrial Park District (IP) to Neighborhood Commercial District (NC), at 14202, 14204, 14206, 14208, 14210, 14212, 14214 and 14216 Indiana Avenue, south of 141st Street and west of Indiana Avenue, Eastwick Commercial Addition, Tracts B-1-A through B-3-C, and consider an ordinance.
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6.
5.
Public Hearing - Planning (District 5):
Consider a request for Zone Case 2985-E, a request of Seventeen Services, LLC for Cody Craig Custom Homes, LLC, for a zone change from High Density Residential District (HDR) to Neighborhood Commercial District (NC) and Low Density Single-Family (SF-2), generally located North of 114th Street and west of Elkhart Avenue, on 7.44 acres of unplatted land out of Block E2, Section 25, and consider an ordinance.
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6.
6.
Public Hearing - Planning (District 5):
Consider a request for Zone Case 3498, a request of Hot and Juicy Seafood, LLC for Texas Brothers, LLC, for a zone change from Industrial Park District (IP) to Heavy Commercial District (HC), at 5004 Frankford Avenue, Suite 460-A, located west of Frankford Avenue and south of 50th Street, Frankford Business Park Addition, Lots 4-A and 5, and consider an ordinance.
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6.
7.
Public Hearing - Planning (District 6):
Consider a request for Zone Case 2573-T, a request of Parkhill for UMC Health System, for a zone change from High Density Residential District (HDR) to Auto-Urban Commercial District (AC), at 5406 Colgate Street, located north of Colgate Street and west of North Slide Road, North Park Addition, Tract K-1, and consider an ordinance.
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6.
8.
Ordinance 1st Reading - City Council:
Consider an ordinance amending the City of Lubbock Code of Ordinances, Chapter 22, "UTILITIES", Article 22.04 "Wastewater System" of the Code of Ordinances of the City of Lubbock, Texas, in order to delineate sewer line repair and maintenance responsibilities.
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