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CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
July 13, 2021
12:30 P. M.


 
The City Council of the City of Lubbock, Texas met in regular session on the 13th of July, 2021, in City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas, and via video conference and teleconference at 12:30 p.m.

 
12:34 P.M. CITY COUNCIL CONVENED
City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas, and via video conference and teleconference
Present:
Mayor Daniel M. Pope; Mayor Pro Tem Steve Massengale; Council Member Juan A. Chadis; Council Member Randy Christian; 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
Note:
      City Council addressed agenda items in the following order:
  • 1.1-1.3; Executive Session; 3.1-3.3.2; Citizen Comments 4; 5.1; 6.1-6.18; 7.1-7.2; 7.4-7.7.
  • Item No. 7.3 was deleted. 






             
   1. Hear and discuss presentations regarding the following and provide guidance to staff as appropriate.
             
   1.
Presentation and Discussion Regarding Proposed Amendments to the Lubbock City Charter

Amy Sims, deputy city attorney, gave a presentation on proposed amendments to the Lubbock City Charter. Jarrett Atkinson, city manager; Rebecca Garza, city secretary; and Chad Weaver, city attorney, gave comments and answered questions from City Council.

Ms. Sims presented on the Charter review process; an overview of potential propositions as recommended by the Charter Review Committee; the appearance and order of potential propositions on a ballot; and the possibility of a non-binding referendum related to City Council compensation.

City Council discussed all the proposed amendments. Direction was given to staff to place an item on the July 27, 2021, City Council meeting agenda, for the purposes of calling a Charter Amendment Election for November 2021. There was also consensus from City Council to further discuss, and possibly amend, some of the proposed recommendations at the July 27, 2021, meeting.
             
   2.
Future Needs Committee Recommendations Follow-up and Potential Bond Election Timeline

Jesica McEachern, assistant city manager, gave a presentation on City Council priorities, future needs, and answered questions from City Council. Council member Jeff Griffith, chair of the Future Needs Committee; and Council members Shelia Patterson Harris and Latrelle Joy, members of the Future Needs Committee, gave comments and answered questions from City Council.

Ms. McEachern presented on a recap of the Certificates of Obligation projects including Fire Station 20; the un-paved road program; and Erskine Street from the west City limits to Frankford Avenue, as recommended by the Future Needs Committee and approved by City Council on June 22, 2021. Ms. McEachern also presented on a timeline and the necessary steps that will be required to hold the proposed bond election in November 2021.

City Council gave direction to staff to prepare an ordinance calling a bond election for November 2021, and schedule the first reading of that ordinance for August 4, 2021.
             
   3.
American Rescue Plan - Interim Final Rule and Funding Eligibility

Jarrett Atkinson, city manager, gave a presentation on the American Rescue Plan (ARPA) as it relates to the interim final rule and funding eligibility and answered questions from City Council. Topics discussed included: an overview of CARES Act spending; State of Texas allocations; City of Lubbock allocations; ARPA eligible expenditures; the process for revenue replacement; and funding opportunities relating to community services, public health, public works, transit, arts and entertainment, and travel and tourism.

There was consensus among City Council to discuss this item further at the July 27, 2021, work session.
             
At the completion of the Work Session, City Council recessed into Executive Session.
             
   2. Executive Session

The meeting recessed at 2:48 p.m. and reconvened in Executive Session under the provisions of Section 551, Texas Government Code. City Council reconvened in open session at 5:08 p.m., and the meeting was called to order at 5:29 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.
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.
The City of Lubbock Charter and Potential Charter Amendment Election
             
   2. Hold an executive session in accordance with V.T.C.A. Government Code Section 551.071, seeking the advice of its legal counsel about pending or contemplated litigation or settlement offers and hold a consultation with the attorney on matters in which the duty of the attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with Chapter 551 of the Texas Government Code: (i) legal advice and counsel regarding matters identified in Section 2.6(a)-(f) of this Agenda; (ii) legal advice and counsel regarding the City of Lubbock’s Note Purchase Program with Bank of America; and legal issues regarding bond-related matters.
             
   3. 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
             
   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 Building Board of Appeals, Canadian River Municipal Water Authority Board of Directors, Lubbock Reese Redevelopment Authority Board of Directors, Permit and License Appeal Board, and the Planning and Zoning Commission.
             
   5. 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 Manager
             
   6. Hold an executive session in accordance with V.T.C.A. Government Code Section 551.086, to discuss and deliberate, on the following competitive matters of Lubbock Power & Light, reasonably related to the following categories:

a) generation unit specific and portfolio fixed and variable costs, including forecasts of ....those costs, capital improvement plans for generation units, and generation unit ....operating characteristics and outage scheduling;
b) bidding and pricing information for purchased power, generation and fuel, and Electric ....Reliability Council of Texas bids, prices, offers, and related services and strategies;
c) effective fuel and purchased power agreements and fuel transportation arrangements ....and contracts;
d) risk management information, contracts, and strategies, including fuel hedging and storage;
e) plans, studies, proposals, and analyses for system improvements, additions, or sales ....(other than transmission and distribution system improvements inside the service area for ....which the.public power utility is the sole certificated retail provider);
........• Discuss and deliberate plans, studies, proposals, and analyses for system ..........improvements, additions, or sales.
f) customer billing, contract, and usage information, electric power pricing information, ....system load characteristics, and electric power marketing analyses and strategies.
             
             
4:30 p.m. - City Council reconvenes in Open Session in City Council Chambers.

City Council reconvened at 5:08 p.m.
             
   3. Ceremonial Items
             
   1. Invocation

Dr. Andy Hurst, St. Luke's United Methodist Church, 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 to the Lubbock Arts Alliance for organizing and hosting this year's Lubbock Arts Festival

Council Member Jeff Griffith presented a special recognition to the Lubbock Arts Alliance for organizing and hosting this year's 43rd Annual Lubbock Arts Festival. Elizabeth Regner, executive director of the Lubbock Arts Alliance, gave comments and thanked the Mayor and City Council for their continued support. Ms. Regner also invited Lubbock citizens to attend this year's Lubbock Arts Festival, scheduled for July 24, 2021, from 11:00 a.m. to 6:00 p.m.; and July 25, 2021, from 12:00 p.m. to 5:00 p.m., at the Lubbock Memorial Civic Center. A video showcasing the upcoming Lubbock Arts Festival was played for City Council and those in attendance.
             
   2.
Presentation of a Special Recognition in support of Golf Cart Safety Awareness Month

Mayor Daniel M. Pope presented a special recognition in support of Golf Cart Safety Awareness Month. Tim Siegel, executive director of Team Luke Hope for Minds, thanked the Mayor and City Council for their support, gave comments on the importance of golf cart safety, and encouraged all Lubbock Citizens to practice safety when operating golf carts.
             
Call to Order

The meeting was called to order at 5:29 p.m.
             
   4. 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 July 13, 2021. If a citizen is attending the meeting by video or teleconference, they may submit a citizen comment by email at citizencomments@mylubbock.us, no later than 2:00 p.m. on July 13, 2021. Submitted comments must include name and address. Each comment will be read aloud for a period of time not to exceed three minutes pursuant to City Council Rules. 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.

Public Hearings - Any person wishing to speak at a posted public hearing (Item 7.2), may do so via Zoom by using the “Raised Hand” feature. When utilizing Zoom through a telephone, press *9 to "raise your hand" and you will be placed in the queue.

No one appeared to speak in person; and no comments were submitted via email.
             
   5. Minutes
             
   1. May 18, 2021 Special City Council Meeting - Electric Utility Board
May 26, 2021 Special City Council Meeting - Lubbock Economic Development Alliance
May 27, 2021 Special City Council Meeting - Electric Utility Board
June 8, 2021 Regular City Council Meeting
June 21, 2021 Special City Council Meeting
             
  Motion by Council Member Latrelle Joy, seconded by Mayor Pro Tem Steve Massengale to approve the May 18, 2021 Special City Council Meeting - Electric Utility Board Minutes; the May 26, 2021 Special City Council Meeting - Lubbock Economic Development Alliance minutes; the May 27, 2021 Special City Council Meeting - Electric Utility Board minutes; the June 8, 2021 Regular City Council Meeting minutes; and the June 21, 2021 Special City Council Meeting minutes. 

  Vote: 7 - 0 Motion carried
             
   6. 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 Randy Christian to approve items 6.1-6.18.





















  Vote: 7 - 0 Motion carried
             
   1. Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2021-O0077, Amendment 35, amending the FY 2020-21 Budget for municipal purposes respecting the General Fund Capital to establish and appropriate funding for Capital Improvement Projects 92711 Fire Station 20, 92712 Transportation Improvements/Unpaved Roads, and 92713 Erskine Street.
             
   2. Budget Ordinance Amendment 2nd Reading - Finance: Ordinance 2021-O0075, Amendment 36, amending the FY 2020-21 Budget for municipal purposes respecting the Lubbock Power and Light Fund for the addition of four full-time positions.
             
   3. Budget Ordinance Amendment 1st Reading - Finance: Ordinance No. 2021-O0081, Amendment 37, amending the FY 2020-21 Budget for municipal purposes respecting the Storm Water Operating Fund Revenue.
             
   4. Ordinance 2nd Reading - Right-of-Way: Ordinance No. 2021-O0076, abandoning and closing a portion of a Drainage Easement, located in Spanish Bit Court Addition, Section 7, Block JS, Lubbock County, Texas.
             
   5. Ordinance 1st Reading - Right-of-Way: Ordinance No. 2021-O0082, abandoning and closing a Drainage Easement, located in Section 21, Block AK, Lubbock County, Texas, for a new plat for Fountain Hills.
             
   6. Resolution - Right-of-Way: Resolution No. 2021-R0235 authorizing the Mayor to accept, on behalf of the City of Lubbock, four Easements out of Section 1, Block AK, Lubbock County, Texas, to be utilized for the Loop 88 Sewer Line Relocation Project.
             
   7. Resolution - Right-of-Way: Resolution No. 2021-R0236 authorizing the Mayor to accept, on behalf of the City of Lubbock, four Street and Public Use Dedication Deeds and one Drainage Easement, out of Sections 30 and 31, Block AK, Lubbock County, Texas, to be utilized for the Upland Avenue roadway expansion project.
             
   8. Resolution - Right-of-Way: Resolution No. 2021-R0237 approving the inclusion of medians and islands in the streets within the boundaries of The Ridge Development located along the west side of Quincy Avenue, extending from 98th Street to 105th Street, City of Lubbock, Lubbock County, Texas.
             
   9. Resolution - Engineering: Resolution No. 2021-R0238 authorizing the Mayor to execute Contract 15819, with DN Tanks, for the construction of the North Water Treatment Plant 8-Million Gallon Ground Storage Tank.
             
   10. Resolution - Engineering: Resolution No. 2021-R0239 authorizing the Mayor to execute Contract 15943, with Utility Contractors of America, Inc., for the construction of the Canyon Lakes Sanitary Sewer Interceptor Phase 3B Project.
             
   11. Resolution - Engineering: Resolution No. 2021-R0240 authorizing the Mayor to execute Change Order No. 2 to Contract 14965, with MH Civil Constructors, Inc., for the construction of the North Water Treatment Plant Improvements Phase III and the South Water Treatment Plant Uprating Improvements.
             
   12. Resolution - Water Utilities: Resolution No. 2021-R0241 authorizing the Mayor to execute Professional Services Agreement Contract 5739, with Freese & Nichols, Inc., for wastewater treatment system evaluation, planning, modeling, permitting, and design at the Southeast Water Reclamation Plant No. 3.
             
   13. Resolution - Solid Waste: Resolution No. 2021-R0242 authorizing the Mayor to execute Contract 15938, with Ace Golf Netting, LP, for the installation of litter fencing at the West Texas Regional Disposal Facility.
             
   14. Resolution - Public Health Services: Resolution No. 2021-R0243 authorizing the Mayor to execute a Medical Director Agreement, between the City of Lubbock and Texas Tech University Health Sciences Center, to provide the professional services of a qualified physician to act as Medical Director for the City of Lubbock Health Department.
             
   15. Resolution - Aviation: Resolution No. 2021-R0244 authorizing the Mayor to execute a Consent for Assignment of the Airport Agreement with Mobilitie Investments III, LLC (M3), Contract 13161, to Mobilitie Investments III-A, LLC, at Lubbock Preston Smith International Airport.
             
   16. Resolution - Aviation: Resolution No. 2021-R0245 authorizing the Mayor to execute a Development Addendum to the CARES Act Airport Grant Agreement, between the City of Lubbock and the United States of America, acting through the Federal Aviation Administration, to fund eligible projects constituting airport development under the Grant Agreement.
             
   17. Resolution - Public Transit Services: Resolution No. 2021-R0246 authorizing the Mayor to execute Purchase Order 27120456, for the purchase of seven Dodge Promaster paratransit vans from Creative Bus Sales, Inc., for Citibus.
             
   18. Resolution - Public Transit Services: Resolution No. 2021-R0247 authorizing the Mayor to execute an Interlocal Agreement between the City of Lubbock, acting by and through Citibus, with Dallas Area Rapid Transit, for a GoPass Subscription and License Pilot.
             
   7. Regular Agenda
             
   1. Board Appointments - City Secretary: Consider appointments to the Appointments Advisory Board, Building Board of Appeals, Canadian River Municipal Water Authority Board of Directors, Citizens Traffic Commission, Civic Lubbock, Inc. Board of Directors, Comprehensive Plan Oversight Committee, Lubbock Water Advisory Commission, Permit and License Appeal Board, and the Planning and Zoning Commission.

Appointments Advisory Board: Motion by Mayor Pro Tem Steve Massengale, seconded by Council Member Shelia Patterson Harris, to reappoint Kristi Laverty, Margaret Randle, Abigail Scioli, and Brett Underwood; and appoint Ryan Henry to replace Tanner Thetford. 

Vote: 7-0 Motion carried

Building Board of Appeals: Motion by Council Member Jeff Griffith, seconded by Mayor Pro Tem Steve Massengale, to reappoint Alexander Salter and Jeremy Steen; and appoint Russell Thoma, Jr. to replace Matthew Laverty. 

Vote: 7-0 Motion carried

Canadian River Municipal Water Authority Board of Directors: Motion by Council Member Randy Christian, seconded by Council Member Latrelle Joy, to reappoint James Collins. 

Vote: 7-0 Motion carried

Citizens Traffic Commission: Motion by Council Member Juan A. Chadis, seconded by Mayor Pro Tem Steve Massengale, to reappoint Kerry Miller; appoint Dr. Patricia Francis-Johnson to replace Florence-Ann McVay; and appoint Carlos Mireles to replace Jonathan Ziegner. 

Vote: 7-0 Motion carried

Civic Lubbock Inc. Board of Directors: Motion by Council Member Shelia Patterson Harris, seconded by Council Member Jeff Griffith, to reappoint James Eppler, Sammie Prather, and Vernita Woods-Holmes.

Vote: 7-0 Motion carried 

Comprehensive Plan Oversight Committee: Motion by Council Member Latrelle Joy, seconded by Council Member Juan A. Chadis, to appoint Dr. Nathaniel Wright to replace A.J. McCleod. 

Vote: 7-0 Motion carried

Lubbock Water Advisory Commission: Motion by Council Member Latrelle Joy, seconded by Council Member Juan A. Chadis, to reappoint Dr. Melanie Barnes and Steve Verett. 

Vote: 7-0 Motion carried

Permit and License Appeal Board: Motion by Mayor Pro Tem Steve Massengale, seconded by Council Member Latrelle Joy, to reappoint Cecile Garcia, Chad Hasty, and Brooks Jones. 

Vote: 7-0 Motion carried

Planning and Zoning Commission: Motion by Council Member Jeff Griffith, seconded by Council Member Shelia Patterson Harris, to appoint Aviraj Patel to replace Anais Garcia. 

Vote: 7-0 Motion carried
             
   2. Public Hearing - Planning: Ordinance No. 2021-O0083, for Zone Case 3298-C, a request of Hugo Reed and Associates, Inc. for Ford Development Corporation, for a zone change from Two-Family District (R-2) Specific Use to Restricted Local Retail District (C-2A) at 3726 and 3716 146th Street, located north of 146th Street and east of Memphis Avenue, on 4.3 acres of unplatted land out of Block AK, Section 4, and consider an ordinance.

Bryan Isham, director of planning, gave a presentation and answered questions from City Council. 

Mayor Pope opened the public hearing at 5:42 p.m.

Terry Holeman, with Hugo Reed and Associates, appeared to speak in favor.

No one appeared to speak in opposition.

Mayor Pope closed the public hearing at 5:45 p.m.
             
  Motion by Mayor Pro Tem Steve Massengale, seconded by Council Member Juan A. Chadis to approve Ordinance No. 2021-O0083.



  Vote: 7 - 0 Motion carried
             
   3. Ordinance 2nd Reading - Planning: Consider Ordinance No. 2021-O0078, for Zone Case 2011-I, a request of Asken Properties, LLC for Frenship Independent School District, for a zone change from Light Manufacturing District (M-1) to High-Density Apartment District (A-2) at 6401 43rd Street, located east of Milwaukee Avenue and north of 43rd Street, Santa Fe Park Addition, Lot 14.

No action was taken on this item. Applicant withdrew application.
             
   4. Ordinance 2nd Reading - Planning: Ordinance No. 2021-O0079, for Zone Case 3435, a request of Studio 44 for Heartbeat Midwifery, for a zone change from General Retail District (C-3) and C-3 Specific Use to Apartment-Medical District (AM) at 4413 4th Street and 415 Raleigh Avenue, located south of 4th Street and east of Raleigh Avenue, Rushland Park Addition, Tract M-1-A-2 and the south part of Tract B-1-A.

Bryan Isham, director of planning, gave a presentation and answered questions from City Council. 
             
  Motion by Council Member Latrelle Joy, seconded by Council Member Juan A. Chadis to approve Ordinance No. 2021-O0079.


  Vote: 7 - 0 Motion carried
             
   5. Resolution - Planning: Resolution No. 2021-R0248 authorizing the Mayor to execute an Annexation Agreement with Starlight Development, LLC, for an area of land generally described as approximately 552.51 acres adjacent to the southern city limits of the City of Lubbock, south of 146th Street and west of Frankford Avenue.

Bryan Isham, director of planning, gave a presentation and answered questions from City Council. Thomas Payne, owner of Starlight Development, gave comments and answered questions from City Council.
             
  Motion by Council Member Randy Christian, seconded by Mayor Pro Tem Steve Massengale to approve Resolution No. 2021-R0248.


  Vote: 7 - 0 Motion carried
             
   6. Ordinance 1st Reading - City Manager: Ordinance No. 2021-O0084 amending Chapter 2, Section 2.03.491 of the Code of Ordinances, regarding the establishment and membership of the City of Lubbock Building Board of Appeals.

Jarrett Atkinson, city manager; and Rebecca Garza, city secretary, gave comments and answered questions from City Council.
             
  Motion by Council Member Shelia Patterson Harris, seconded by Council Member Juan A. Chadis to approve Ordinance No. 2021-O0084.


  Vote: 7 - 0 Motion carried
             
   7. Ordinance 1st Reading - City Council: Ordinance No. 2021-O0085 repealing Chapter 2, Section 2.02.001(c) of the Code of Ordinances regarding certain duties of the City Secretary.

Jarrett Atkinson, city manager, gave comments and answered questions from City Council. 
             
  Motion by Council Member Latrelle Joy, seconded by Mayor Pro Tem Steve Massengale to approve Ordinance No. 2021-O0085.

  Vote: 7 - 0 Motion carried
6:11 P.M. CITY COUNCIL ADJOURNED
 
There being no further business to come before Council, Mayor Pope adjourned the meeting.

 

The July 13, 2021 Regular City Council Meeting minutes were approved by the City Council on the 10th day of August, 2021.


 

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

    

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