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City of Lubbock, Texas
Regular City Council Meeting
September 27, 2022
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
Chad Weaver, City Attorney
Rebecca Garza, 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.
1:00 p.m. - The City Council convenes in City Council Chambers. Upon convening, the City Council 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.
1.
1.
1.
Discuss procedures under Chapter 21 of the Texas Property Code
1.
1.
2.
City of Dallas, et al., v Disney DTC, LLC, Hulu LLC, and Netflix Inc.
, in the 14th Judicial District Court of Dallas County, Cause No. DC-22-09128
1.
1.
3.
Legal advice and counsel regarding legal issues related to customer retail choice and the provider of last resort, including Utilities Code Chapters 39 and 40, and PUC rules promulgated thereunder
1.
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.
2.
1.
66th Street and Upland Avenue
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 - 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 September 27, 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.
4.
Minutes
4.
1.
July 27, 2022 Special City Council Meeting - Lubbock Economic Development Alliance
August 23, 2022 Regular City Council Meeting
September 6, 2022 Special City Council Meeting - Budget & Tax Rate Public Hearings
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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. 2022-O0138, Amendment 39, amending the FY 2021-22 Budget for municipal purposes respecting the Grant Fund to accept and appropriate funding from the Centers for Disease Control and Prevention and the Federal Communications Commission; providing for filing; and providing for a savings clause.
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5.
1.
1.
Resolution - Libraries:
Consider a resolution authorizing the City Council to accept additional funds from the Emergency Connectivity Fund (ECF) for mobile service on devices previously purchased with ECF funds, and authorizing the Mayor to execute any documents to purchase that mobile service for the devices, which are checked out through the Lubbock Public Library system.
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5.
2.
Resolution - Risk Management:
Consider a resolution authorizing 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 $0.0025 per $100 valuation.
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5.
3.
Resolution - Risk Management:
Consider a resolution authorizing the City Manager to purchase, for and on behalf of the City of Lubbock, boiler and machinery insurance coverage from Liberty Mutual Fire Insurance Company, for which the premium amount shall not exceed a rate of $0.0035 per $100 equipment valuation.
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5.
4.
Resolution - Risk Management:
Consider a resolution authorizing the City Manager to purchase, for and on behalf of Lubbock Power and Light, the City's municipal electric utility, property insurance coverage to include boiler and machinery with the insurers as yet to be determined, for which the premium shall not exceed a rate of $0.7662 per $100.
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5.
5.
Resolution - Risk Management:
Consider a resolution authorizing the City Manager, for and on behalf of the City of Lubbock, to purchase property insurance coverage with Lloyd's of London, Hallmark Specialty Insurance Company, Kemah, Zurich Insurance Group, Fidelis Insurance Company, Arch Specialty Insurance Company, Rivington, Markel Insurance Company, StarStone/Core Specialty Insurance Company, James River Insurance Company, Harleysville Insurance Company, Mitsui Sumitomo Insurance Company, RSUI Group, Intact Insurance Group, Liberty Insurance Company and Hiscox Insurance Group, for which the premium shall not exceed a rate of $0.2817 per $100 of valuation.
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5.
6.
Resolution - Risk Management:
Consider a resolution authorizing the City Manager to purchase, for and on behalf of the City of Lubbock, Network Security, Privacy Liability, and Media Liability Insurance coverage from Obsidian Specialty Insurance Company, for which the premium amount shall not exceed $235,128.53.
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5.
7.
Resolution - Business Development:
Consider a resolution authorizing a program or expenditure of the Lubbock Economic Development Alliance, to be provided to Tropicale Foods, pursuant to Section 501.073 of the Texas Local Government Code.
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5.
8.
Ordinance
1st Reading - Right-of-Way:
Consider an ordinance abandoning and closing a portion of an underground utility easement, located within Lot 12, Westac Addition, Lubbock County, Texas.
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5.
9.
Ordinance 2nd Reading - Engineering:
Consider Ordinance No. 2022-O0139, amending Chapter 37, Infrastructure Construction, Article 37.01 Permitted Construction in Right-of-Way; providing a penalty; providing a savings clause; and providing for publication.
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5.
10.
Ordinance 1st Reading - Stormwater Compliance:
Consider an ordinance amending Chapter 22, Utilities, Article 22.11, Stormwater Regulations of the Code of Ordinances of the City of Lubbock, Texas, with regard to stormwater plan review fees; providing a savings clause; providing a penalty; and providing for publication.
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5.
11.
Resolution - Water Utilities:
Consider a resolution authorizing the Mayor to execute Amendment No. 4 to the Raw Water Lease, between the City of Lubbock and the Lake Alan Henry Water District.
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5.
12.
Resolution - Community Development:
Consider a resolution authorizing the Mayor to execute Service Contract 16638, and related documents, with Benevate, Inc. dba Neighborly Software, for grant management software for Community Development.
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5.
13.
Resolution - Public Transit Services:
Consider a resolution authorizing the Mayor to execute a Professional Services Agreement 16563, with Fehr & Peers, for on-call planning services for Citibus.
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5.
14.
Resolution - Lubbock Fire Rescue:
Consider a Resolution authorizing the Mayor to execute Contract 16822 with J. Rae Brockman for Mental Health Clinical Services.
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5.
15.
Resolution - City Manager:
Consider a resolution authorizing the Mayor to execute a Memorandum of Understanding by and between the City of Lubbock, the Lubbock Mayor's Fitness Council, and United Supermarkets, to provide certain in-kind services in support of the Lubbock Mayor's Marathon, Half, Relay, and 5K, to provide recreational activity and promote physical fitness awareness for the residents of Lubbock and the surrounding area.
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5.
16.
Ordinance 1st Reading - City Manager:
Consider an ordinance adding Section 22.01.004 of the Code of Ordinances of the City of Lubbock, related to over or under billing for utility services, other than electric or gas utilities; and adding Section 22.01.005 related to the proration of bills.
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5.
17.
Resolution - Lubbock Power & Light:
Consider a resolution approving and establishing the procedures and criteria for designating the Provider of Last Resort, Voluntary Retail Electric Providers, and Default Retail Electric Providers, upon the initiation of retail competition in Lubbock Power & Light's certificated area, and authorizing the initiation of the process.
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6.
Regular Agenda
6.
1.
Public Hearing - Police Department:
Conduct the second of two public hearings to receive comments on the Juvenile Curfew Ordinance, and consider a resolution to find that the City of Lubbock Juvenile Curfew Ordinance shall be abolished, continued or modified.
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6.
2.
Public Hearing - Planning (District 1):
Consider a request for Zone Case 809-A, a request of AMD Engineering, LLC for Shanghai Development Company, LLC, for a zone change from Single-Family District (R-1) to General Retail District (C-3) and Reduced Setbacks Single-Family District (R-1A) generally located north of Drake Street and east of University Avenue, on 64.03 acres of unplatted land out of Block A, Section 11, and consider an ordinance.
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6.
3.
Public Hearing – Planning (District 1):
Consider a request for Zone Case 1120-D, a request of AMD Engineering, LLC for 5G Crownpoint, LLC, for a zone change from Family Apartment District (A-1) to High-Density Apartment District (A-2) at 3701 Clovis Road, located south of Clovis Road and west of North Loop 289, on 2.81 acres of proposed Lot 5-A-1, Clovis Road Addition, and consider an ordinance.
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6.
4.
Public Hearing - Planning (District 1):
Consider a request for Zone Case 2072-B, for Joshua and Ni Wang Clark, for a zone change from Family Apartment District (A-1) Specific Use for Apartments with Reduced Parking to Family Apartment District (A-1) at 2123 15th Street, located south of 15th Street and east of Avenue V, Overton Addition, Block 52, Lot 12, and consider an ordinance.
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6.
5.
Public Hearing - Planning (District 1):
Consider a request for Zone Case 3470, a request of Rise Broadband for Gerald and Lorraine Schulte, for a Specific Use for Antennas, Towers and Alternative Tower Structures on property zoned Transitional (T) at 5309 East Erskine Street, located north of East Erskine Street and west of North Fiddlewood Ave, on 0.50 acres of unplatted land out of Block A, Section 26, and consider an ordinance.
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6.
6.
Public Hearing - Planning (District 3):
Consider a request for Zone Case 1424-A, a request of Chloe Williams for Brad and Stephen Linneman, for a zone change from Apartment-Medical District (AM) to Commercial District (C-4) at 3804 21st Street, Suite C, located north of 21st Street and east of Miami Avenue, Reeder Addition, Block 2, Lot 5, and consider an ordinance.
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6.
7.
Public Hearing - Planning (District 4):
Consider a request for Zone Case 1131-P, a request of JCW Development, LLC for various applicants, for a Specific Use for Blood Banks & Blood Plasma Centers on property zoned General Retail District (C-3) at 5047 Indiana Avenue, located south of 50th Street and east of Indiana Avenue, Monterey Center Addition, Tract C, and consider an ordinance.
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6.
8.
Public Hearing - Planning (District 5):
Consider a request for Zone Case 3016-E, a request of AMD Engineering, LLC for Kelling Family Revocable Trust and Joseph and Maribeth Wilcox, for a zone change from Garden Office (GO) and Transitional (T) to Local Retail District (C-2) with a Specific Use for Self-Storage Facilities generally located south of 98th Street and east of Rochester Avenue, on 2.94 acres of unplatted land out of Block AK, Section 22, and consider an ordinance.
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6.
9.
Public Hearing - Planning (District 5):
Consider a request for Zone Case 3468, a request of Hugo Reed and Associates, Inc. for DWTP, LLC, for a zone change from Transition District (T) to Reduced Setbacks Single-Family District (R-1A), Two-Family District (R-2), High-Density Apartment District (A-2), Local Retail District (C-2) and General Retail District (C-3) generally located south of 114th Street and west of Milwaukee Avenue, on 160.5 acres of uplatted land out of Block AK, Section 19, and consider an ordinance.
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6.
10.
Public Hearing - Planning (District 5):
Consider a request for Zone Case 3469, a request of Hugo Reed and Associates, Inc. for Loop 88, LLC, for a zone change from Transition (T), Industrial Park (IDP) and Local Retail District (C-2) to Reduced Setback Single-Family District (R-1A) generally located south of 114th Street and east of Milwaukee Avenue, on 93.7 acres of unplatted land out of Block AK, Section 20, and consider an ordinance.
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6.
11.
Public Hearing - Planning (District 6):
Consider a request for Zone Case 2538-DD, a request of AMD Engineering, LLC for 806 Land Group, LLC, for a zone change from Single-Family District (R-1) and Two Family District (R-2) to General Retail District (C-3) generally located south of 4th Street and east of Upland Avenue, on 15.65 acres of unplatted land out of Block JS, Section 10, and consider an ordinance.
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6.
12.
Ordinance 2nd Reading - Planning (District 2):
Consider Ordinance No. 2022-O0140, for a request for annexation, from Lone Oak Homes, LC, a Texas Limited Company, to annex an area of approximately 144 acres, adjacent to the eastern city limits of the City of Lubbock, south of East 82nd Street and west of Martin Luther King Jr. Boulevard.
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6.
13.
Ordinance 2nd Reading - Planning (District 3):
Consider Ordinance No. 2022-O00116, for Zone Case 1615-N, a request of Home Depot, for a zone change from Commercial District (C-4) Specific Use for a Home Improvement Store with Enclosed Garden Center to Commercial District (C-4), at 5801 West Loop 289, located east of West Loop 289 and south of 58th Street, South Plains Addition, Tract C.
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6.
14.
Resolution - Right of Way:
Consider a resolution authorizing Condemnation of Property by Eminent Domain; Determining the Public Necessity for the Project; Authorizing the Acquisition of Real Property Interests by Easement or in Fee Simple; and Authorizing All Other Acts to Complete Condemnation Proceedings, said properties being a 0.690 acre parcel and a 0.440 acre parcel, both located in Section 30, Block AK, Lubbock County, Texas, being portions of a 5.14 acre tract described in vol. 8542, pg. 37 in the Official Public Records, Lubbock County, Texas.
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