Agenda - View Meetings (All) (9231951910)

CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
September 24, 2024
11:00 A. M.

The City Council of the City of Lubbock, Texas met in regular session on the 24th of September, 2024, in City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas at 11:00 a.m.

11:00 A.M.

CITY COUNCIL CONVENED
City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas

Present:

Mayor Mark W. McBrayer; Mayor Pro Tem Christy Martinez-Garcia; Council Member Tim Collins; Council Member David Glasheen; Council Member Gordon Harris; Council Member Brayden Rose; Council Member Dr. Jennifer Wilson; City Manager W. Jarrett Atkinson; City Secretary Courtney Paz; City Attorney Matt Wade

Note:

City Council addressed agenda items in the following order:

Executive Session; 2.1-2.2; Citizen Comments 3; 4.1; 5.1-5.27; and 6.1-6.8.
Item No. 6.3 was deleted.

Executive Session

The meeting recessed at 11:01 p.m. and reconvened in Executive Session under the provisions of Section 551, Texas Government Code. City Council reconvened in open session at 2:07 p.m., and the meeting was called to order at 2:12 p.m.

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.

DC-2023-CV-0500 Fransisa Reyes v. City of Lubbock

Article 22.03 of the Lubbock City Code and Chapter 13 of the Texas Water Code

Lake 7

Loop 88 Land Acquisition

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.

Central Business District

Lake 7

Loop 88 Land Acquisition

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:

City Attorney

City Manager

City Secretary

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 Electric Utility Board, Health/Educational Facilities Development Corporation Board, Lubbock Central Appraisal District Board of Directors, Lubbock Emergency Communications District Board of Managers, Planning & Zoning Commission, and the Zoning Board of Adjustment.

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 or to deliberate an offer of a financial or other incentive to such business prospect.

2:00 p.m. - City Council reconvenes in Open Session in City Council Chambers.

City Council reconvened at 2:07 p.m.

Ceremonial Items

Invocation

Deacon Jose Rubio, Our Lady of Guadalupe Catholic Church, led the invocation.

Pledges of Allegiance

Pledges of Allegiance, to the United States and Texas Flags, were led by Mayor Pro Tem Christy Martinez-Garcia.

Call to Order

The meeting was called to order at 2:12 p.m.

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 September 24, 2024. Citizen Comments provide an opportunity for citizens to make comments and express a position on agenda items.

Sign ups:

Tim Goebel, secretary of Highland Oaks Homeowners Association, appeared before City Council to speak in favor of item 6.7 (a resolution finding that the Highland Oaks PID meets requirements; accepting the Highland Oaks PID petition; and calling a public hearing for the formation of a PID).

Minutes

August 27, 2024 Regular City Council Meeting
September 3, 2024 Special City Council Meeting

Motion by Mayor Pro Tem Christy Martinez-Garcia, seconded by Council Member Dr. Jennifer Wilson

, to approve the August 27, 2024 Regular City Council Meeting minutes and the September 3, 2024 Special City Council Meeting minutes.

Vote: 7 - 0 Motion carried

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 Brayden Rose, seconded by Council Member Dr. Jennifer Wilson

, to approve items 5.1-5.27.

Vote: 7 - 0 Motion carried

Resolution - Right-of-Way: Resolution No. 2024-R0426 authorizing the Mayor to execute a Street Use License Agreement, and related documents, by and between the City of Lubbock and Cavender Real Estate of Lubbock V, in the right-of-way on the east side of Avenue F between 17th Street and 18th Street.

Resolution - Right-of-Way: Resolution No. 2024-R0427 authorizing the Mayor to execute a Street Use License Agreement, and related documents, by and between the City of Lubbock and Chris and Jinna Norman, for right-of-way on the north side of 21st Street between Aberdeen Avenue and Slide Road.

Resolution - Right-of-Way: Resolution No. 2024-R0428 authorizing the Mayor to execute a Real Estate Sales Contract, for the purchase of real property located in Lots 3A and 3B, Block 1, Tech Gardens Addition to the City of Lubbock, Lubbock County, by and between the City of Lubbock and Jaime De La Cruz, of Lubbock, Texas.

Resolution - Right-of-Way: Resolution No. 2024-R0429 authorizing the Mayor to accept, for and on behalf of the City of Lubbock, one (1) Street, Public Use, and Right-of-Way Deed, and all related documents, in connection with certain real property located in Section 10, Block JS, Lubbock County, Texas (Parcel 17), East of Upland Avenue, North of 7th Street, to be utilized for the Upland Avenue, 4th Street to 19th Street, 22B Capital Improvements Project, which is a portion of the 2022 Street Bond Project.

Resolution - Right-of-Way: Resolution No. 2024-R0430 authorizing the Mayor to accept, for and on behalf of the City of Lubbock, one (1) Street, Public Use, and Right-of-Way Deed, and all related documents, in connection with certain real property (Parcel 16) located in Section 38, Block AK, of the GC R.R. Co. Survey, Lubbock County, Texas, to be utilized for the Upland Avenue, 34th Street to 50th Street, 22B Capital Improvements Project, which is a portion of the 2022 Street Bond Project.

Resolution - Right-of-Way: Resolution No. 2024-R0431 authorizing the Mayor to accept, for and on behalf of the City of Lubbock, one (1) Street Use and Right-of-Way Deed, and all related documents, in connection with certain real property located in Section 6, Block E, of the GC & SF R.R. Co. Survey, Lubbock County, Texas (Parcel 10), on the north side of East 82nd Street, and west of King Avenue, to be utilized for the 82nd Street, I-27 to Martin Luther King Jr. Blvd - 22B Capital Improvements Project, which is a portion of the 2022 Street Bond Project.

Resolution - Engineering: Resolution No. 2024-R0432 receiving the Semi-Annual Report from the Capital Improvements Advisory Committee, regarding the progress and implementation of the Impact Fee Program.

Resolution - Engineering: Resolution No. 2024-R0433 authorizing the Mayor to execute Public Works Contract 18263, and all related documents, with Deerwood Construction, Inc., for waterline construction along East 4th Street.

Resolution - Engineering: Resolution No. 2024-R0434 authorizing the Mayor to execute Public Works Contract 18195, with Trifecta Services Company, for the demolition and removal of a water tower at 74th Street and Genoa Avenue.

10.

Ordinance 2nd Reading - Planning:
Ordinance No. 2024-O0130, action on the City of Lubbock Planning and Zoning Commission's final report of September 5, 2024, to the Lubbock City Council on proposed amendments to the Unified Development Code (Ordinance No. 2023-O0054) recommended for adoption, limited to the following:

Table 39.03.023-2 (related to Base Public and Nonresidential Districts Sign Standards)
Section 39.02.004.a.7, Section 39.02.004.b.7, Section 39.02.004.c.7, Section 39.02.004.d.7, Section 39.02.004.e.7 (related to Signs in Residential Districts for Non-Residential Uses)
Section 39.03.023.b.8 (related to Monument Signs)

11.

Resolution - Planning: Resolution No. 2024-R0435 authorizing the Mayor to execute Professional Services Contract 17872, with SAFEbuilt, LLC, for the completion of a Zoning Map Analysis.

12.

Resolution - Water Utilities: Resolution No. 2024-R0436 authorizing the Mayor to execute an Interlocal Contract with the City of Shallowater for the continued purchase of wholesale water from the City’s potable water system.

13.

Resolution - Facilities Management: Resolution No.'s 2024-R0437 and 2024-R0438 authorizing the Mayor to execute a Lease Agreement Extension with Wilkerson Investment Company for 401 and 405 34th Street, and 530 36th Street, currently being used by several City departments for operations.

14.

Resolution - Public Health Services: Resolution No. 2024-R0439 authorizing the Mayor to execute an Interlocal Agreement, and all related documents, by and between the City of Lubbock Public Health Department and StarCare Specialty Health System, to assist in a behavioral health response to a disaster or emergency event.

15.

Resolution - Public Health Services: Resolution No. 2024-R0440 authorizing the Mayor to execute Amendment No. 1 to the Department of State Health Services (DSHS) Contract No. HHS001439500038, and all related documents, under the Center for Health Emergency Preparedness and Response Grant Program, by and between the City of Lubbock and the State of Texas, acting by and through DSHS.

16.

Resolution - Public Transit Services: Resolution No. 2024-R0441 authorizing the Mayor to execute a Consultant Contract for Transit Services, by and between the Lubbock Metropolitan Planning Organization (LMPO) and the City of Lubbock/Citibus, to produce reports for LMPO that satisfy standards required by federal agencies.

17.

Resolution - Public Transit Services: Resolution No. 2024-R0442 authorizing the Mayor to execute an amendment to the Memorandum of Understanding among the Lubbock Metropolitan Planning Organization, the Texas Department of Transportation, and Citibus, to add reference to the Transit Asset Management Plan and the Public Transportation Agency Safety Plan to satisfy Federal Transit Administration guidance.

18.

Resolution - Public Transit Services: Resolution No. 2024-R0443 authorizing the Mayor to execute a Transportation Development Credit Agreement, TxDOT Project # TDC 2501 (05), with the Texas Department of Transportation, to reallocate Transportation Development Credits (TDCs), and to extend the grant time period the TDCs can be used as a local match.

19.

Resolution - Public Transit Services: Resolution No. 2024-R0444 authorizing the Mayor to execute a FY 2025 Section 5304 Planning Grant, TxDOT PLN 2504 (05) 039_22, Project ID 51008040525, with the Texas Department of Transportation, for preliminary engineering, initial design and environmental work for the administrative/maintenance facility, downtown transfer facility, and mobility hubs.

Resolution - Public Transit Services: Resolution No. 2024-R0445 authorizing the Mayor to execute a Professional Services Agreement, Contract 17678, with HDR Architecture, Inc., for Architectural and Engineering Services for the Citibus Administrative and Bus Fleet Maintenance Facility.

20.

Resolution - Public Transit Services: Resolution No. 2024-R0446 authorizing the Mayor to execute Amendment No. 2 to Contract 16537, with Swiftly, Inc., to add Operator Reports, Onboard Application, and the Automatic Passenger Counter Connector modules, to provide real-time updates on schedule adherence, routing, and detours along each route.

21.

Resolution - Parks & Recreation: Resolution No. 2024-R0447 authorizing the Mayor to execute a Subrecipient Agreement, and all related documents, with the South Plains Association of Governments, related to funds passed through the U.S. Department of Health and Human Services to the Texas Department on Aging and Disability Services, for an Area Agency on Aging Direct Purchase of Services Program, to provide meals and transportation services for the City of Lubbock Senior Program.

22.

Resolution - Information Technology: Resolution No. 2024-R0448 authorizing the Mayor to execute Purchase Order 33001896, with Microsoft Corporation, for a 3-year renewal of the Microsoft Enterprise Support Services Agreement.

23.

Resolution - GIS and Data Services: Resolution No. 2024-R0449 authorizing the Mayor to execute a Consultant Contract between the City of Lubbock and the Lubbock Metropolitan Planning Organization (LMPO), to provide Geographic Information System services to LMPO, for FY 2024-25 and FY 2025-26.

24.

Resolution - Fleet Services: Resolution No. 2024-R0450 authorizing the Mayor to execute a Lease and Maintenance Agreement, and all related documents, with Wild West Harley-Davidson, for Police Motorcycles for the Lubbock Police Department.

25.

Resolution - Police: Resolution No. 2024-R0451 authorizing the Mayor to execute Purchase Order 10027796, with North American Rescue, LLC, for the purchase of Medical Supply Kits for the Lubbock Police Department.

26.

Resolution - City Manager: Resolution No. 2024-R0452 authorizing the Mayor to execute an agreement, by and between the City of Lubbock and the State of Texas, acting through the Texas Department of Transportation, for the temporary closure of state right-of-way during the 2024 United Supermarkets Lubbock Marathon.

27.

Resolution - City Council: Resolution No. 2024-R0453 approving a contract amendment to American Rescue Plan Act (ARPA) Agreement No. 17174, between the City of Lubbock and YWCA of Lubbock, for job training services.

Regular Agenda

Resolution - City Secretary: Resolution No. 2024-R0454 to nominate board members to serve as Appraisal District Directors for the Lubbock Central Appraisal District.

Courtney Paz, city secretary, gave comments and answered questions from City Council.

Motion by Mayor Pro Tem Christy Martinez-Garcia, seconded by Council Member Brayden Rose

, to approve Resolution No. 2024-R0454, nominating Sonny Garza, Greg Jones, Bobby McQueen, Brady Goen, and Noe Reynolds as candidates for positions on the Lubbock Central Appraisal District Board of Directors.

Vote: 7 - 0 Motion carried

Resolution - Finance: Resolution No. 2024-R0455 amending the Gateway Street Projects Fund to define the scope of revenues from franchise fees to be included in the Fund.

Jarrett Atkinson, city manager, gave comments and answered questions from City Council.

Motion by Council Member Dr. Jennifer Wilson, seconded by Mayor Pro Tem Christy Martinez-Garcia

, to approve Resolution No. 2024-R0455.

Vote: 7 - 0 Motion carried

Public Hearing - Planning (District 2): Consider a request for Zone Case 1531-B, a request of Judith Struggs for a Historic Preservation Overlay District (HPO) to designate a property with a Local Historic Designation, on property zoned Low Density Single-Family District (SF-2) per Sections 39.02.009 and 2.03.662, at 2002 Cedar Avenue, located south of East 20th Street and west of Cedar Avenue, T.E. Wheelock’s Second Addition, Block 15, Lots 11 and 12, and consider an ordinance.

This item was deleted (withdrawn by the applicant).

Public Hearing - Planning (District 4): Ordinance No. 2024-O0131, for Zone Case 2161-M, a request of HFA for Lubbock Commercial Buildings, for a zone change from Neighborhood Commercial District (NC) to Auto-Urban Commercial District (AC), at 2731 82nd Street, located south of 82nd Street and east of Elgin Avenue, on approximately 1.25 acres of unplatted land out of Block E-2, Section 13.

Kristen Sager, director of planning, gave a presentation and answered questions from City Council.

Mayor McBrayer opened the public hearing at 2:22 p.m.

No one appeared to speak in favor or opposition.

Mayor McBrayer closed the public hearing at 2:23 p.m.

Motion by Council Member Brayden Rose, seconded by Mayor Pro Tem Christy Martinez-Garcia

, to approve Ordinance No. 2024-O0131.

Vote: 7 - 0 Motion carried

Public Hearing - Planning (District 4): Ordinance No. 2024-O0132, for Zone Case 3267-A, a request of Spindlebock Properties, LLC for a zone change from Neighborhood Commercial District (NC) to Heavy Commercial District (HC), at 3202, 3204, 3206, 3208, 3210, and 3212 118th Street and 3215, and 3217 116th Street, located between 116th Street and 118th Street and east of Indiana Avenue, Triple C Business Park Addition, Tracts A through H.

Kristen Sager, director of planning, gave a presentation and answered questions from City Council.

Mayor McBrayer opened the public hearing at 2:22 p.m.

No one appeared to speak in favor or opposition.

Mayor McBrayer closed the public hearing at 2:23 p.m.

Motion by Council Member Brayden Rose, seconded by Mayor Pro Tem Christy Martinez-Garcia

, to approve Ordinance No. 2024-O0132.

Vote: 7 - 0 Motion carried

Ordinance 1st Reading - Wastewater Utility: Ordinance No. 2024-O0133 amending the City of Lubbock Code of Ordinances, Chapter 22, "UTILITIES", to provide for establishing new definitions, delineating sewer line repair and maintenance responsibilities, amending the regulation for City-participation for large mains, and repealing certain inapplicable provisions.

Wood Franklin, division director of public works, gave a presentation and answered questions from City Council. Matt Wade, city attorney, gave comments and answered questions from City Council.

Motion by Mayor Pro Tem Christy Martinez-Garcia, seconded by Council Member Tim Collins

, to approve Ordinance No. 2024-O0133.

Vote: 6 - 1 Motion carried

NAY:

Council Member David Glasheen

Resolution - Business Development: Resolution No. 2024-R0456 making findings that the Highland Oaks Public Improvement District (PID) meets the requirements of Chapter 372 of the Texas Local Government Code; accepting the Highland Oaks PID petition, which covers a portion of an area in Lubbock County, Texas, generally bounded by 146th Street to the north, Slide Road to the east, Woodrow Road to the south, and Frankford Avenue to the west; and calling for a public hearing to receive public comment on the formation of a public improvement district in the area depicted and described.

Jarrett Atkinson, city manager, gave a presentation and answered questions from City Council.

Motion by Council Member Brayden Rose, seconded by Council Member Dr. Jennifer Wilson

, to approve Resolution No. 2024-R0456.

Vote: 7 - 0 Motion carried

Resolution - Business Development: Resolution No. 2024-R0457 accepting a petition to create a tax increment reinvestment zone pursuant to Texas Tax Code Sec.311.005(a)(4) to be called Tax Increment Financing District No. 4, located in the North Park Development area, approximately described as the area east of Frankford Avenue, south of Erskine Street, north of West Loop 289 and west of N. Winston Avenue and set a public hearing regarding same.

Jarrett Atkinson, city manager, gave a presentation and answered questions from City Council.

Motion by Mayor Pro Tem Christy Martinez-Garcia, seconded by Council Member Tim Collins

, to approve Resolution No. 2024-R0457.

Vote: 6 - 0 Motion carried

Other:

Council Member David Glasheen (RECUSE)

2:47 P.M. CITY COUNCIL ADJOURNED

There being no further business to come before Council, Mayor McBrayer adjourned the meeting.

The September 24, 2024 Regular City Council Meeting minutes were approved by the City Council on the 22nd day of October, 2024.

____________________________________
MARK W. McBRAYER, MAYOR

ATTEST:

___________________________________
Courtney Paz, City Secretary