Agenda - View Meetings (All)

CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
October 10, 2023
1:00 P. M.

The City Council of the City of Lubbock, Texas met in regular session on the 10th of October, 2023, in City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas at 1:00 p.m.

1:00 P.M.

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

Present:

Tray Payne, Mayor; Shelia Patterson Harris, Mayor Pro Tem; Latrelle Joy, Council Member; Christy Martinez-Garcia, Council Member; Mark W. McBrayer, Council Member; Dr. Jennifer Wilson, Council Member; W. Jarrett Atkinson, City Manager; Courtney Paz, City Secretary; Chad Weaver, City Attorney

Absent:

Steve Massengale, Council Member

Note:

City Council addressed agenda items in the following order:

Executive Session; 2.1-2.2; Citizen Comments 3; 4.1; 5.1-5.40; and 6.1-6.5.

Executive Session

The meeting recessed at 1:01 p.m. and reconvened in Executive Session under the provisions of Section 551, Texas Government Code. City Council reconvened in open session at 2:00 p.m., and the meeting was called to order at 2:03 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.

Settlement offer for Claim 23-C-055

Chapter 22 of the City of Lubbock Code of Ordinances and Chapter 13 of the Texas Water Code

Agenda Item 11857 has been deleted. Please remove this line from the minutes.

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

City Council reconvened at 2:00 p.m.

Ceremonial Items

Invocation

Pastor Josh Stueve, St. John's United Methodist Church, led the invocation.

Pledges of Allegiance

Pledges of Allegiance, to the United States and Texas Flags, were led by Mayor Pro Tem Shelia Patterson Harris.

Call to Order

The meeting was called to order at 2:03 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 October 10, 2023. Citizen Comments provide an opportunity for citizens to make comments and express a position on agenda items.

No one appeared to speak.

Minutes

August 30, 2023 Special City Council Meeting
September 5, 2023 Special City Council Meeting
September 12, 2023 Regular City Council Meeting

Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Latrelle Joy, to approve the August 30, 2023 Special City Council Meeting minutes; the September 5, 2023 Special City Council Meeting minutes; and the September 12, 2023 Regular City Council Meeting minutes.

Vote: 6 - 0 Motion carried

Other:

Council Member Steve Massengale (ABSENT)

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 Christy Martinez-Garcia, seconded by Council Member Mark W. McBrayer, to approve items 5.1-5.40.

Vote: 6 - 0 Motion carried

Other:

Council Member Steve Massengale (ABSENT)

Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2023-O0118, Budget Ordinance Amendment 35, amending the FY 2022-23 Budget for municipal purposes respecting Grant Fund to accept and appropriate funding from the Texas Health and Human Services Commission; providing for filing; and providing for a savings clause.

Budget Ordinance Amendment 1st Reading - Finance: Ordinance No. 2023-O0133, Amendment 1, amending the FY 2023-24 Budget for municipal purposes respecting the Grant Fund to accept and appropriate from the U.S. Department Federal Highway Administration; providing for filing; and providing for a savings clause.

Resolution - Finance: Resolution No. 2023-R0487 expressing intent to finance expenditures to be incurred for various capital projects and equipment approved by the City Council in the FY 2023-24 Operating Budget and Capital Program, and to reimburse the City from the proceeds of obligations that will be issued after the expenditure of funds to pay costs of such projects and equipment.

Resolution - Finance: Resolution No. 2023-R0488 approving and adopting the FY 2023-24 City of Lubbock Investment Policy and Investment Strategy, as reviewed and recommended by the Audit and Investment Committee.

Resolution - Risk Management: Resolution No. 2023-R0489 ratifying the actions of the City Manager in purchasing for and on behalf of Lubbock Power and Light, the City’s municipal electric utility, property insurance coverage to include AEGIS, Talbot and Hiscox for which the premium shall not exceed a rate of $0.2666 per $100.

Ordinance 1st Reading - Right-of-Way: Ordinance No. 2023-O0134 abandoning and closing portions of street and alley right-of-way in Section AK, Block 38, Lubbock County, Texas, in the West Milwaukee Ridge Subdivision, east of Upland Avenue between 37th Street and the Lubbock & Western Railway tracks.

Resolution - Right-of-Way: Resolution No. 2023-R0490 authorizing the Mayor to accept and execute for and on behalf of the City of Lubbock, a Concurrence Letter related to a Special Warranty Deed, and all related documents, associated with certain property located in Section 31, Block AK, Lubbock County, Texas, near the southwest corner of 66th Street and Upland Avenue, owned by Bar-Bell Holdings, LLC.

Resolution - Right-of-Way: Resolution No. 2023-R0491 authorizing the Mayor to accept and execute two Concurrence Letters, and two Street and Public Use Dedication Deeds, and all related documents, in connection with two parcels of property located in Section 26, Block AK, Lubbock County, on the north side of 98th Street between Upland Avenue and Alcove Avenue, owned by Connie Delle Cogdell, to be utilized for the 98th Street Road Project.

Resolution - Right-of-Way: Resolution No. 2023-R0492 authorizing the Mayor to accept and execute, for and on behalf of the City of Lubbock, a Concurrence Letter and a Street and Public Use Dedication Deed, and all related documents, in connection with certain real property located in Section 26, Block AK, Lubbock County, Texas, on the north side of 98th Street, east of Alcove Avenue, owned by Brian D. Schroeder and Nancy E. Schroeder, to be utilized for the 98th Street Roadway Project.

10.

Resolution - Right-of-Way: Resolution No. 2023-R0493 authorizing the Mayor to accept and execute, for and on behalf of the City of Lubbock, a Concurrence Letter and Street and Public Use Dedication Deed, and all related documents, in connection with certain real property located in Section 26, Block AK, Lubbock County, Texas, on the north side of 98th Street, east of Alcove Avenue, owned by Dr. Tedd Mitchell and Dr.Janet Tornelli-Mitchell, to be utilized for the 98th Street Roadway Project.

11.

Resolution - Engineering: Resolution No. 2023-R0494 authorizing the Mayor to execute Public Works Contract 17579, with Deerwood Construction, Inc., for installation of a water line along Milwaukee Avenue from 4th Street to Erskine Street.

12.

Resolution - Engineering: Resolution No. 2023-R0495 authorizing the Mayor to execute Public Works Contract 17581, with MH Civil Constructors., Inc., for Water Line Change Out, Cowan Addition, Blocks 5 and 9.

13.

Ordinance 1st Reading - Right-of-Way: Ordinance No. 2023-O0135 abandoning and closing all remaining easements and right-of-way located in Block 130, Original Town of Lubbock, Lubbock County, Texas.

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

14.

Resolution - Engineering: Resolution No. 2023-R0496 authorizing the Mayor to execute Professional Services Agreement 17618, with Freese & Nichols, Inc., for design services for the Southeast Water Reclamation Plant No. 3 Biological Nutrient Removal Improvements.

15.

Resolution - Engineering: Resolution No. 2023-R0497 authorizing the Mayor to execute Contract 17632, with Kimley-Horn and Associates, Inc., for design services associated with the 114th Street, Frankford to Slide-22B Capital Improvements Project.

16.

Ordinance 2nd Reading - Wastewater Utility: Ordinance No. 2023-O0119, 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.

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

17.

Resolution - Water System Operations: Resolution No. 2023-R0498 authorizing the Mayor to execute Contract 17513, with the United States Geological Survey, for the operations, maintenance, and validation of various rain and stream flow gauges.

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

18.

Resolution - Public Works Street Maintenance: Resolution No. 2023-R0499 authorizing the Mayor to execute Contract 17565, with West Texas Paving, Inc., for the reconstruction of East 33rd Street and Juniper Avenue.

19.

Resolution - Public Works Traffic Management: Resolution No. 2023-R0500 authorizing the Mayor to execute Contract 17480, with Ennis-Flint, Inc., for traffic paint to stripe City thoroughfares and collector streets.

20.

Resolution - Solid Waste: Resolution No. 2023-R0501 authorizing the Mayor to execute Contract 17498, with Box Gang Manufacturing LLC, for the purchase/services of dumpsters for residential collection service.

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

21.

Ordinance 1st Reading - Building Safety: Ordinance No. 2023-O0136 amending Article 2.03, Division 13, of the City of Lubbock Code of Ordinances, regarding the duties and responsibilities of the Model Codes and Construction Advisory Board.

22.

Resolution - Facilities Management: Resolution No. 2023-R0502 authorizing the Mayor to execute Job Order Contract TX-PH-GC-101619-WRC, with WR Construction, Inc., for the installation of the chain link fencing around the north and west sides of the Lubbock Animal Shelter.

23.

Resolution - Community Development: Resolution No. 2023-R0503 authorizing the Mayor of the City of Lubbock to execute Contract No. 17628, a Community Development Block Grant Funding Agreement, and all related documents, by and between the City of Lubbock and the U. S. Department of Housing and Urban Development, for the funding of public service activities, non-public service activities, housing, direct delivery of services, and administration.

24.

Resolution - Community Development: Resolution No. 2023-R0504 authorizing the Mayor of the City of Lubbock to execute Contract No. 17629, an Emergency Solutions Grant Funding Agreement, and all related documents, by and between the City of Lubbock and the U. S. Department of Housing and Urban Development, for the funding of Emergency Shelter, Rapid Re-Housing, Homeless Management Information System, and administration.

25.

Resolution - Community Development: Resolution No. 2023-R0505 authorizing the Mayor of the City of Lubbock to execute Contract No. 17630, a HOME Investment Partnership and Funding Agreement, and all related documents, by and between the City of Lubbock and the U.S. Department of Housing and Urban Development, for the funding of Community Housing Development Organization operations and projects, affordable housing, and administration.

26.

Resolution - Aviation: Resolution No. 2023-R0506 authorizing the Mayor to execute Amendment No. 15 to Contract 15200, with RS&H, Inc., for professional architectural and engineering services, for replacement of mechanical equipment at the Lubbock Preston Smith International Airport.

27.

Resolution - Aviation: Resolution No. 2023-R0507 authorizing the Mayor to execute Contract 17593, with Hi-Lite Airfield Services, LLC, for runway rubber removal at the Lubbock Preston Smith International Airport.

28.

Resolution - Public Transit Services: Resolution No. 2023-R0508 ratifying the acts of the Chief Financial Officer in executing the acceptance of an award of a Federal Transit Administration Section FY 2022 Section 5339(c) Low-No Discretionary Grant (Project ID TX-2023-120-00), to be used to purchase up to forty-eight 40-foot and 35-foot Gillig hybrid electric buses.

29.

Resolution - Information Technology: Resolution No. 2023-R0509 authorizing the Mayor to execute Purchase Order 326000024, with Dailey & Wells Communications, Inc., for the replacement of microwave communications network hardware utilized by the Public Safety Radio System.

30.

Resolution - Fleet Services: Resolution No. 2023-R0510 authorizing the City Manager, or his designee, to purchase all the vehicles and equipment approved for replacement, for Fiscal Year 2023-24, to replace essential assets in various City departments and Citibus.

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

31.

Ordinance 2nd Reading - Planning (District 1): Ordinance No. 2023-O0120, for Zone Case 59-B, a request of Roberta Beam, for a zone change from General Retail District (C-3) to Commercial-Apartment District (CA), at 2613 34th Street, located south of 34th Street, and east of Boston Avenue, Lisemby Addition, Block 1, Lots 5 through 7.

32.

Ordinance 2nd Reading - Planning (District 1): Ordinance No. 2023-O0121, for Zone Case 0092-A, a request of Five Points Corporation for Heather Lea Hollingsworth, for a Specific Use for an Event Center on property zoned Local Retail District (C-2), at 4228, 4230, and 4232-A Boston Avenue, located south of 42nd Street and west of Boston Avenue, Modern Manors Addition, Blocks 1, 2, and 3.

33.

Ordinance 2nd Reading - Planning (District 2): Ordinance No. 2023-O0122, for Zone Case 3488, a request of BW Gas & Convenience Retail, LLC for Buffalos Partners, LLC & CMH Properties, LLC, for a zone change from Transition District (T) to General Retail District (C-3), at 9704 Highway 87, located north of 98th Street and west of Highway 87, on 2.8 acres of unplatted land out of Block E, Section 8.

34.

Ordinance 2nd Reading - Planning (District 4): Ordinance No. 2023-O0123, for Zone Case 3351-B, a request of Seventeen Services, LLC for Two men and a baby, LLC, for a zone change from Local Retail District (C-2) to Interstate Highway Commercial District (IHC), at 3201 114th Street, located south of 114th Street and east of Indiana Avenue, on 5.57 acres of unplatted land out of Block E-2, Section 21.

35.

Ordinance 2nd Reading - Planning (District 4): Ordinance No. 2023-O0124, for Zone Case 3490, a request of Hugo Reed and Associates, Inc. for Red Canyon Development, LLC, for a Specific Use for an Athletic Center on property zoned Transition District (T), generally located south of 146th Street and west of Quaker Avenue, on 3.3 acres of unplatted land out of Block AK, Section 6.

36.

Ordinance 2nd Reading - Planning (District 4): Ordinance No. 2023-O0125, for Zone Case 2968-D, a request of SK Architecture Group, LLC for James Morgan, Ltd., for a zone change from Apartment-Medical District (AM) to Garden Office District (GO), at 4007, 4009, 4011, 4013, 4015 and 4017 98th Street, located south of 98th Street and east of Orlando Avenue, on 1.23 acres of unplatted land out of Block E-2, Section 17.

37.

Ordinance 2nd Reading - Planning (District 5): Ordinance No. 2023-O0126, for Zone Case 3058-E, a request of Seventeen Services, LLC for Shag Holdings LLC, for a zone change from Single-Family District (R-1) Specific Use for Residential Estates to General Retail District (C-3), at 7214 50th Street, located north of 50th Street and east of Upland Avenue, on 5.151 acres of unplatted land out of Block AK, Section 38.

38.

Ordinance 2nd Reading - Planning (District 5): Ordinance No. 2023-O0128, for Zone Case 3489, a request of Betenbough Homes, LLC, for a zone change from Transition District (T) to Two-Family District (R-2), generally located south of 146th Street and west of Frankford Avenue, on 207.15 acres of unplatted land out of Block AK, Section 10.

39.

Ordinance 2nd Reading - Planning (District 6): Ordinance No. 2023-O0129, for Zone Case 3032-B, a request of DLC Designs, LLC for Daniel Aaron Homes of West Texas, LLC, Drylands Homes, LLC, and KLemer Real Estate, LLC, for a zone change from Single-Family District (R-1) Specific Use for Townhomes to Single-Family District (R-1) Specific Use for Garden Homes, at 50, 51, 52, 64, and 65 Amesbury Court and 66 and 67 Windsor Court, located north of Erskine Street and east of North Milwaukee Avenue, Wilshire Estates Addition, Lots 50, 51, 52, 64, 65, 66, and 67.

40.

Ordinance 2nd Reading - Planning (District 6): Ordinance No. 2023-O0130, for Zone Case 2538-KK, a request of Delta Land Surveying for Red Yucca 806 Investments LLC, for a zone change from Single-Family District (R-1) to Two-Family District (R-2), at 2402 Urbana Place, located north of 25th Street and west of Urbana Place, Parkdale Addition, Block 2, Lots 3 through 5.

Regular Agenda

Resolution - City Secretary: Resolution No. 2023-R0511 to nominate board members to serve as Appraisal District Directors for the Lubbock Central Appraisal District.

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

Motion by Council Member Latrelle Joy, seconded by Council Member Dr. Jennifer Wilson, to approve Resolution No. 2023-R0511, nominating Sonny Garza, Brady Goen, Greg Jones, Bobby McQueen, and Noe Reynolds as candidates for positions on the Lubbock Central Appraisal District Board of Directors.

Vote: 6 - 0 Motion carried

Other:

Council Member Steve Massengale (ABSENT)

Ordinance 2nd Reading - Planning (District 5): Ordinance No. 2023-O0127, for Zone Case 3205-A, a request of Seventeen Services, LLC for Paradise Business Park, LLC, for a zone change from Interstate Highway Commercial District (IHC) to Local Retail District (C-2), generally located west of Frankford Avenue and south of 116th Street, on 5.524 acres of unplatted land out of Block AK, Section 20.

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

Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Christy Martinez-Garcia, to approve Ordinance No. 2023-O0127.

Vote: 5 - 1 Motion carried

NAY:

Mayor Pro Tem Shelia Patterson Harris

Other:

Council Member Steve Massengale (ABSENT)

Ordinance 2nd Reading - Planning (District 6): Ordinance No. 2023-O0131, for Zone Case 3175-G, a request of SK Architecture Group for 806 Land Group LLC, for a zone change from Restricted Local Retail District (C-2A) and Reduced Setback Single-Family District (R-1A) to High-Density Apartment District (A-2), at 5914 Erskine Street, located north of Erskine Street, and west of North Genoa Avenue, on 3.475 acres of unplatted land out of Block JS, Section 7.

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

Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Mark W. McBrayer, to approve Ordinance No. 2023-O0131.

Vote: 4 - 2 Motion carried

NAY:

Mayor Pro Tem Shelia Patterson Harris

Council Member Latrelle Joy

Other:

Council Member Steve Massengale (ABSENT)

Ordinance 2nd Reading - Right-of-Way: Ordinance No. 2023-O0116, abandoning and closing a portion of alley right-of-way located in Block 101, Original Town of Lubbock, Lubbock County, Texas, dedicated by map, plat and/or dedication deed recorded in Volume 5, Page 384 of the deed records of Lubbock County, Texas; and abandoning and closing three overhead utility easements and three underground utility easements also located in Block 101, Original Town of Lubbock, Lubbock County, Texas.

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

Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Mark W. McBrayer, to approve Ordinance No. 2023-O0116.

Vote: 6 - 0 Motion carried

Other:

Council Member Steve Massengale (ABSENT)

Ordinance 2nd Reading - Planning: Ordinance No. 2023-O0132, action on the City of Lubbock Planning and Zoning Commission's final report of September 7, 2023, to the Lubbock City Council on proposed amendments to the Unified Development Code (Ordinance No. 2023-O0054) recommended for adoption, limited to the following:

1. Sections 39.02.006.a.3 & 39.02.006.b.3 (related to Lot Density and Dimensions);
2. Section 39.03.021.a.2 (related to Signs Exempt from Regulations);
3. Section 39.02.014 (related to the Reduction Overlay (RO) District);
4. Article 39.04 (related to Subdivision Standards);
5. Article 39.07 (related to Development Review Procedures);
6. Section 39.07.007(a) (related to Public Notice);
7.1. Section 39.02.016 (related to the Land Use Matrix);
7.2. Table 39.02.016-1 (related to Permitted Uses by District);
7.3. Table 39.02.006.e-1 (related to IP Permitted Uses);
7.4. Table 39.02.006.f-1 (related to LI Permitted Uses);
7.5. Table 39.02.006.g-1 (related to GI Permitted Uses);
8. Sections 39.02.020.b(4)(F)(A)(iii) and 39.02.020.b(4)(F)(B)(ii) (related to Residential Carport or Porte Cochere Locations);
9. Section 39.04.005-1 (related to Minimum Connection Spacing by Street Classification); and
10. Sections 39.02.005.d.3 and 39.02.018.c.7 and Tables 39.02.003-1 and 39.02.016-1 (related to Base Mixed Use Districts and Zoning Map)

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

Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Christy Martinez-Garcia, to approve item 6.5(1-9), Ordinance No. 2023-O0132.

Vote: 5 - 1 Motion carried

NAY:

Council Member Latrelle Joy

Other:

Council Member Steve Massengale (ABSENT)

Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Christy Martinez-Garcia, to approve item 6.5(10), Ordinance No. 2023-O0132.

Vote: 5 - 1 Motion carried

NAY:

Council Member Latrelle Joy

Other:

Council Member Steve Massengale (ABSENT)

2:34 P.M. CITY COUNCIL ADJOURNED

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

The October 10, 2023 Regular City Council Meeting minutes were approved by the City Council on the 7th day of November, 2023.

____________________________________
TRAY PAYNE, MAYOR

ATTEST:

___________________________________
Courtney Paz, City Secretary