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City of Lubbock, Texas
Regular City Council Meeting
Tuesday, October 27, 2020
Daniel M. Pope, Mayor
Jeff Griffith, Mayor Pro Tem, District 3
Juan A. Chadis, Councilman, District 1
Shelia Patterson Harris, Councilwoman, District 2
Steve Massengale, Councilman, District 4
Randy Christian, Councilman, 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 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.

Pursuant to the Executive Orders of Governor Abbott, and other authority provided by the Texas Attorney General, the City Council will convene in-person and via video and/or teleconference.
 
1:30 p.m. - City Council convenes in City Council Chambers in Work Session regarding items for presentation and discussion on such issues that may require in-depth consideration by the City Council.  No action will be taken by the City Council in Work Session.
 
             
1.   Hear and discuss presentations regarding the following and provide guidance to staff as appropriate.
 
1. 1.   Planning Department, Development Process and Website Updates
 
1. 2.   Gateway Fund History and Update
 
1. 3.   Staff Recognitions:
Robert Wallace - International Code Council's Master Code Professional (MCP) Designation
Lubbock Fire Rescue Crews - California Forest Fires
 
At the completion of the Work Session, City Council recesses into Executive Session.
 
2.   Executive Session
 
2. 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.
 
2. 2. 1.  
Claim # 20-C-026 - Jeffery C. Tucker and Debra Tucker
 
2. 2. 2.  
Claim # 20-C-027 - Marvin Edward Stiles
 
2. 2. 3.  
Chapter 1, Article IV of the Lubbock City Charter
 
2. 3.   Hold an executive session in accordance with Texas Government Code 551.074, to discuss personnel matters, regarding the duties, responsibilities, and/or appointments to the Electric Utility Board.
 
2. 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.
 
Adjourn from Executive Session
 
4:30 p.m. - City Council reconvenes in Open Session in City Council Chambers.
 
3.   Ceremonial Items
 
3. 1.   Invocation
 
3. 2.   Pledges of Allegiance
 
3. 3.   Proclamations and Presentations
 
3. 3. 1.  
Presentation of a Special Recognition in support of Chiropractic Health Month in Lubbock
 
3. 3. 2.  
Special Presentation - American Planning Association-Texas Award for Plan Lubbock 2040 and recognition of National Planning Month
 
Call to Order
 
4.   Citizen Comments - According to Lubbock City Council Rules, any citizen wishing to appear 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.
 
5.   Minutes
 
5. 1.   August 26, 2020 Special City Council Meeting - Lubbock Economic Development Alliance
September 22, 2020 Regular City Council Meeting
September 29, 2020 Special City Council Meeting - Joint Meeting with Planning & Zoning Commission
October 6, 2020 Special City Council Meeting - Impact Fee Public Hearing
 
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.
 
6. 1.   Budget Ordinance Amendment 2nd Reading - Finance: Consider Budget Ordinance No. 2020-O0134, Amendment 2, amending the FY 2020-21 Budget for municipal purposes; respecting the Grant Fund to accept and appropriate funding from the Texas Department of Transportation for the Selective Traffic Enforcement Program (STEP) - Click it or Ticket Grant; providing for filing; and providing for a savings clause.
 
6. 1. 1.   Resolution - Police: Consider a resolution authorizing the Mayor to execute a Texas Traffic Safety Program Grant Agreement between the City of Lubbock and the State of Texas through the Texas Department of Transportation (TxDOT), for a state administered and federally funded STEP-Click It Or Ticket Mobilization Texas Traffic Safety Program.
 
6. 2.   Budget Ordinance Amendment 1st Reading - Finance: Consider Budget Ordinance Amendment 3, amending the FY 2020-21 Budget for municipal purposes; respecting Grant Fund to accept and appropriate funding from the Texas Department of Transportation for the Selective Traffic Enforcement Program (STEP) - Impaired Driving Mobilization Grant; providing for filing; and providing for a savings clause.
 
6. 3.  
Resolution - Risk Management: Consider a resolution authorizing the Mayor to execute, on behalf of the City of Lubbock, a Compromise Settlement Agreement and Release of all Claims in claim #20-C-026, filed by Chad Tucker.
 
6. 4.   Resolution - Risk Management: Consider a resolution authorizing the Mayor to execute, on behalf of the City of Lubbock, a Compromise Settlement Agreement and Release of all Claims in claim #20-C-027, filed by Marvin Edward Stiles.
 
6. 5.   Ordinance 2nd Reading - Right-of-Way: Consider Ordinance No. 2020-O0135, abandoning and closing a drainage easement located on Lots 128 and 149, Meadows South Addition, Lubbock County, Texas, as recorded as Tract II in Volume 5838, Page 301, of the Official Public Records of Lubbock County, Texas, 5501 and 5502 100th Street.
 
6. 6.   Ordinance 1st Reading - Right-of-Way: Consider an ordinance abandoning and closing a portion of a 15-foot wide alley, located adjacent to Lots 2-8 and 9-15, Block 2, Sunset Addition, 3704 36th Street and reserving a utility easement and garbage collection easement.
 
6. 7.   Resolution - Right-of-Way: Consider a resolution authorizing the Mayor to execute a Street Use License and/or City Public Ground Monitor Well Permit, with the Air Force Civil Engineering Center (AFCEC), for installation of three monitoring wells in the right-of-way, in the vicinity of the former Reese Air Force Base, west of Lubbock.
 
6. 8.   Resolution - Engineering: Consider a resolution authorizing the Mayor to approve the Annual Progress Report on the Floodplain Management Plan, and updates to the Mitigation Actions listed in the Lubbock County Multi-Jurisdictional Hazard Mitigation Plan.
 
6. 9.   Resolution - Public Works: Consider a resolution authorizing the Mayor to execute Contract 15344, with Infrastructure Management Services, for the development of a Municipal Pavement Rating and Management System, for the City of Lubbock.
 
6. 10.   Resolution - Business Development: Consider a resolution approving a Downtown Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to Miller Pro Audio, LLC, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of Market Lubbock Development Corporation.
 
6. 11.   Resolution - Business Development: Consider a resolution approving an East-Side Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to S and S Customs, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of Market Lubbock Economic Development Corporation.
 
6. 12.   Resolution - Business Development: Consider a resolution approving an East-Side Grant Program (Permittable) expenditure of Market Lubbock, Inc., to be provided to S and S Customs, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of Market Lubbock Economic Development Corporation.
 
6. 13.   Resolution - Business Development: Consider a resolution approving a Downtown Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to Family Promise of Lubbock, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of Market Lubbock Development Corporation.
 
6. 14.   Resolution - Business Development: Consider a resolution approving a Downtown Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to Buddy Holly Lubbock, LLC and Joe W. Fly Company, Inc., pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of Market Lubbock Development Corporation.
 
6. 15.   Resolution - Business Development: Consider a resolution approving a Downtown Grant Program (Permittable) expenditure of Market Lubbock, Inc., to Buddy Holly Lubbock, LLC and Joe W. Fly Company, Inc., pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of Market Lubbock Development Corporation.
 
6. 16.   Resolution - Business Development: Consider a resolution approving the amended Valencia Public Improvement District Bylaws, as reviewed and recommended by the Valencia PID Advisory Board.
 
6. 17.   Resolution - Public Transit Services: Consider a resolution authorizing the Mayor to execute Purchase Order 27119685, per Contract SW0797C, with Creative Bus Sales, Inc., for five Promaster Paratransit Vans to assist Medicaid and on-demand ridership.
 
6. 18.   Resolution - Public Transit Services: Consider a resolution authorizing the Mayor to execute an Interlocal Agreement for Cooperative Purchasing, with Denton County Transportation Authority (DCTA), to provide savings on products purchased by Citibus.
 
6. 19.   Resolution - Emergency Management: Consider a resolution approving and ratifying the signature of the City Manager, for the Sub-Recipient Grant Award FY 2020 Emergency Management Performance Grant No. EMT-2020-EP-00004, and any associated documents by and between the City of Lubbock and the Texas Division of Emergency Management.
 
6. 20.   Resolution - Lubbock Power & Light: Consider a resolution authorizing the Mayor of the City of Lubbock to execute a License Agreement by and between the City of Lubbock, acting by and through Lubbock Power & Light, and Texas Tech University, to permit its art students over the age of eighteen (18), its professors, and teaching assistants of a certain, later-designated art class, access to the exterior wall of the McCullough Substation in order to paint a mural thereon.
 
6. 21.   Resolution - Lubbock Power & Light: Consider a resolution approving and authorizing the Mayor of the City of Lubbock to execute that certain Release of Liability and Final Settlement Agreement by and between Robert Timothy Rice (“Executor”), individually and as representative of the Estate of Kenneth Michael Rice (the “Estate”) and the City of Lubbock and the City of Lubbock’s municipally owned utility, Lubbock Power & Light, regarding damages incurred arising out of an airplane collision on or about February 4, 2015.
 
7.   Regular Agenda
 
7. 1.   Board Appointments - City Secretary: Consider appointments to the Electric Utility Board.
 
7. 2.   Public Hearing - Planning: Consider a request for Zone Case 0804-A, a request of Hugo Reed and Associates, Inc. for Tar Heel Holdings, LLC, for a zone change to Two-Family District (R-2) from Single-Family District (R-1) at 1601, 1605, 1609 and 1613 Vassar Street, located south of Vassar Street and east of North Paris Avenue, City View Addition, Block 8, Lots 1 through 4, and consider an ordinance.
 
7. 3.   Public Hearing - Planning: Consider a request for Zone Case 2255-T, a request of Keith McNeese for 3 Wiggle, LLC, for a zone change to Commercial District (C-4) from Local Retail District (C-2) at 6402 Frankford Avenue, located south of 64th Street and west of Frankford Avenue, Spur 327 Autoplex Addition, Lot 2A, and consider an ordinance.
 
7. 4.   Public Hearing - Planning: Consider a request for Zone Case 2358-N, a request of Hugo Reed and Associates, Inc. for Ford Development, for a zone change to Commercial District (C-4) from Single-Family District (R-1) at 3402 Inler Avenue, located west of Inler Avenue, south of 34th Street, on 3.9 acres of unplatted land out of Block D-6, Section 7, and consider an ordinance.
 
7. 5.   Public Hearing - Planning: Consider a request for Zone Case 2538-M, a request of Jay Jenkins Jr., for Jay Jenkins, for a zone change to Local Retail District (C-2) and Local Retail District (C-2) with a Specific Use for a telecommunications tower from Single-Family District (R-1) at 3401 Alcove Avenue, located south of 34th Street and east of Alcove Avenue, on 2 acres of unplatted land out of Block AK, Section 39, and consider an ordinance.
 
7. 6.   Public Hearing - Planning: Consider a request for Zone Case 2538-O, a request of Laceé Nivens, Inc. for Ranck Trust, for a zone change to Interstate Highway Commercial (IHC) from Single Family District (R-1) at 1911 and 1905 Kelsey Avenue and 8811 19th Street, located east of Kelsey Avenue and south of 19th Street, Energy Circle Addition, Lots 25 and 26, and consider an ordinance.
 
7. 7.   Public Hearing - Planning: Consider a request for Zone Case 2926-D, a request of AMD Engineering, LLC, for Myers Financial Corporation, for a zone change to Reduced Setback Single Family District (R-1A) from Single Family District Specific Use (R-1 SU) at 4503, 4505, 4507, 4606, 4608, 4609, 4610, 4611 106th Street, located south and north of 106th Street and west of Richmond Avenue, Lakeridge Estates Addition, Lots 303, 302, 301, 291, 292, 295, 293 and 294, respectively, 4714 105th Street, located north of 105th Street and west of Topeka Avenue, Lakeridge Estates Addition, Lot 342, 4716 104th Street, located north of 104th Street and west of Topeka Avenue, Lakeridge Estates Addition, Lot 357 and 10306, 10502, 10504 Savannah Avenue, located south of 103rd Street and west of Savannah Avenue, Lakeridge Estates Addition, Lots 331, 334 and 335, respectively, and consider an ordinance.
 
7. 8.   Public Hearing - Planning: Consider a request for Zone Case 3096-F, a request of Hugo Reed and Associates, Inc. for Red Canyon Development, LLC, for a zone change to Two-Family District (R-2) from Single-Family District (R-1) Specific Use, located north of 114th Street and east of Atlanta Avenue, on 7.8 acres of unplatted land out of Block E-2, Section 25, and consider an ordinance.
 
7. 9.   Public Hearing - Planning: Consider a request for Zone Case 3417, a request of Centerline Engineering and Consulting, LLC, for a zone change to Garden Office (GO), Light Manufacturing District (M-1), and Commercial District (C-4), from Transition District (T), located south of 66th Street and east of Alcove Avenue, on 41.06 acres of unplatted land out of Block AK, Section 31, and consider an ordinance.
 
7. 10.   Public Hearing - Planning: Consider a request for Zone Case 3420, a request of Kent Shepherd for Shepherd Woodworks, Inc., for a zone change to Local Retail District (C-2) from Transition District (T) and Single-Family District (R-1) at 5802 Princeton Street, located north of Princeton Street on the west side of North Frankford Avenue, Northwest Acres Addition, Lot 25, and consider an ordinance.
 
7. 11.   Public Hearing - Planning: Consider a request for Zone Case 3421, a request of Zac Garth for HF&C Feeds, for a zone change to Light Manufacturing District (M-1) from Transition District (T) and Interstate Highway Commercial (IHC) at 8208 Zadar Avenue and 7821 82nd Street, located south of 82nd Street, east of Alcove Avenue, Westcom Commercial Estates Addition, Lot 2, and 0.53 acres of land out of Alcove Stripes Addition, Tract A (proposed Alcove Stripes Addition, Tract A-2), and consider an ordinance.
 
7. 12.   Public Hearing - Planning: Consider an ordinance amending Chapter 40 “Zoning” of the Code of Ordinances of the City of Lubbock, Texas to allow for parking reductions in the West Broadway (CB-1), Broadway/13th/Main Central Business (CB-2), General Central Business (CB-3), Depot (CB-4), Civic Center Central Business (CB-5), and Arts Central Business (CB-6) Districts in Downtown Lubbock.
 
7. 13.   Ordinance 2nd Reading - Engineering: Consider Ordinance No. 2020-O0136, amending Title II Buildings; Development; Property Maintenance, of the City of Lubbock Code of Ordinances, by adding Chapter 41, Impact Fees; Establishing water, wastewater, and roadway impact fees per service unit; Establishing procedures for the assessment, collection, computation, expenditure, refund and general administration of impact fees; Providing for the establishment of accounts for impact fees; Establishing an appeal procedure; and Establishing an effective date; Providing a penalty; Providing a savings clause; and Providing for publication.
 
7. 14.   Ordinance 1st Reading - Public Utilities Wastewater: Consider an ordinance amending Article 22.04 of the City of Lubbock Code of Ordinances regarding definitions, discharge prohibitions, industries to comply with federal and local pretreatment standards, liquid waste disposers, accidental discharge/slug control plans, application for permit, application signatories and certification for permit, modification of permit, conditions of permit, monitoring facilities, permitted and non-permitted industrial user, inspection and sampling, recordkeeping, sample collection, charges and fees, legal action, amending Division 5 relating to the pretreatment and disposal of wastes, and adding Division 7 relating to fats, oils, and grease; providing a penalty; providing a savings clause; and providing for publication.
 
7. 15.   Resolution - City Manager: Consider a resolution suspending the effective date of the proposed rate increase for Atmos Energy, from November 4, 2020 to February 2, 2021, approving the City's participation in the alliance of Atmos Texas Municipalities and retaining the law firm of Herrera Law & Associates to represent the City's interest in matters related to Atmos Energy's rate case before the City and Atmos Energy's application at the Railroad Commission of Texas; intervene in the proceedings at the Railroad Commission; and in appeals should such proceedings develop.
 

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