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CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
October 24, 2023
1:30 P. M.

The City Council of the City of Lubbock, Texas met in regular session on the 24th of October, 2023, in City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas at 1:30 p.m.

1:30 P.M.

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

Present:

Shelia Patterson Harris, Mayor Pro Tem; Latrelle Joy, Council Member; Christy Martinez-Garcia, Council Member; Steve Massengale, 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:

Tray Payne, Mayor

Note:

City Council addressed agenda items in the following order:

Executive Session; 2.1-2.2; Citizen Comments 3; 4.1; 5.1-5.7; 5.9-5.24; 5.8; and 6.1-6.8.
Item No. 6.4 failed.

Executive Session

The meeting recessed at 1:31 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 551.074, to discuss personnel matters, regarding the duties, responsibilities, and/or appointments to the Electric Utility Board, Permit & License Appeal Board, and the Planning & Zoning Commission.

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 Solomon Fields, St. John Baptist Church, led the invocation.

Pledges of Allegiance

Pledges of Allegiance, to the United States and Texas Flags, were led by Council Member Steve Massengale.

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 24, 2023. Citizen Comments provide an opportunity for citizens to make comments and express a position on agenda items.

Sign ups:

Joshua Shankles; and Dora Cortez, representing the North and East Lubbock Coalition, appeared before City Council to speak in favor of item 6.5 (resolution creating a citizen committee to study amortization and strategic downzoning in the City of Lubbock).
Paulina Madrid appeared before City Council to speak in favor of item 6.4 (resolution approving and granting a variance for an alcoholic beverage permit for Quince's Taco Shack).
Rick Rodriguez, chief operating officer for Lubbock Independent School District, appeared before City Council to speak in opposition of item 6.4 (resolution approving and granting a variance for an alcoholic beverage permit for Quince's Taco Shack).

Minutes

August 23, 2023 Special City Council Meeting - Lubbock Economic Development Alliance
September 26, 2023 Regular City Council Meeting

Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Steve Massengale, to approve the August 23, 2023 Special City Council Meeting - Lubbock Economic Development Alliance minutes and the September 26, 2023 Regular City Council Meeting minutes.

Vote: 6 - 0 Motion carried

Other:

Mayor Tray Payne (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 Mark W. McBrayer, seconded by Council Member Christy Martinez-Garcia, to approve items 5.1-5.7 and 5.9-5.24.

Vote: 6 - 0 Motion carried

Other:

Mayor Tray Payne (ABSENT)

Budget Ordinance Amendment 2nd 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.

Budget Ordinance Amendment 1st Reading - Finance: Ordinance No. 2023-O0137, Amendment 2, amending the FY 2023-24 Budget for municipal purposes respecting the Engineering Fees; providing for filing; and providing for a savings clause.

Ordinance 1st Reading - Engineering: Ordinance No. 2023-O0138 amending the City of Lubbock Code of Ordinances, Chapter 22, "UTILITIES" and Chapter 36, “STREETS, SIDEWALKS, AND OTHER PUBLIC WAYS”, and repealing certain inapplicable provisions, in order to comply with the engineering review and construction inspection fee requirements in House Bill 3492.

Resolution - Business Development: Resolution No. 2023-R0512 approving a Downtown Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to Housing Trust Group Lubbock, LLC, located at 1202 Main Street, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation.

Resolution - Business Development: Resolution No. 2023-R0513 approving a Downtown Grant Program (Permittable) expenditure of Market Lubbock, Inc. to be provided to Housing Trust Group Lubbock, LLC, located at 1202 Main Street, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation.

Resolution - Business Development: Resolution No. 2023-R0514 authorizing a Commercial Revitalization Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to Weinerschnitzel, located at 301 University Avenue, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation.

Resolution - Business Development: Resolution No. 2023-R0515 authorizing a Commercial Revitalization Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to Hoff Gardens Apartments, located at 1919 34th Street, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation.

Resolution - Business Development: Resolution No. 2023-R0516 authorizing a Commercial Revitalization Grant Program (Permittable) expenditure of Market Lubbock, Inc., to be provided to Hoff Gardens Apartments, located at 1919 34th Street, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation.

Resolution - Business Development: Resolution No. 2023-R0530 authorizing a Commercial Revitalization Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to Westminster Presbyterian Church, located at 3321 33rd Street, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation.

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

Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Mark W. McBrayer, to approve Resolution No. 2023-R0530.

Vote: 5 - 1 Motion carried

NAY:

Council Member Latrelle Joy

Other:

Mayor Tray Payne (ABSENT)

Resolution - Business Development: Resolution No. 2023-R0517 authorizing a Commercial Revitalization Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to Dixie Partners II, LP, located at 1805 Parkway Drive, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation.

10.

Resolution - Business Development: Resolution No. 2023-R0518 authorizing a Commercial Revitalization Grant Program (Permittable) expenditure of Market Lubbock, Inc., to be provided to Dixie Partners II, LP, located at 1805 Parkway Drive, pursuant to Article IV, Section 5, of the Amended and Restated Bylaws of the Market Lubbock Development Corporation.

11.

Ordinance 2nd 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.

12.

Ordinance 2nd 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, south of Broadway and north of 13th Street, and west of Avenue L and east of Avenue M.

13.

Resolution - Engineering: Resolution No. 2023-R0519 authorizing the Mayor to execute Professional Services Agreement Contract 17625, with Freese and Nichols, Inc., for engineering design services as it relates to Upland Avenue from 50th Street to 66th Street.

14.

Resolution - Engineering: Resolution No. 2023-R0520 authorizing the Mayor to execute Professional Services Contract 17669, with dredgeSMART, for professional design services of the Terminal Storage Reservoir Improvements Project.

15.

Resolution - Engineering: Resolution No. 2023-R0521 authorizing the Mayor to execute Professional Services Agreement Contract 17258, with Halff Associates, Inc., for professional services for watershed boundary and drainage studies.

16.

Resolution - Engineering: Resolution No. 2023-R0522 authorizing the Mayor to execute Professional Services Agreement Contract 17620, with Parkhill, for engineer of record services and project assistance, as it relates to the 34th Street Back-of-Curb Project.

17.

Resolution - Engineering: Resolution No. 2023-R0523 authorizing the Mayor to execute Professional Services Agreement Contract 17636, with Halff Associates, Inc., for engineering services for the reconstruction of Upland Avenue from 19th Street to 34th Street.

18.

Resolution - Public Works Water: Resolution No. 2023-R0524 authorizing the Mayor to execute Contract 17410, with Rangeline Utility Services, Inc., for the installation of isolation valves and vaults associated with Pump Station No. 4.

19.

Ordinance 2nd 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.

20.

Resolution - Public Health Services: Resolution No. 2023-R0525 ratifying the actions of the Mayor in executing Human Services Commission (HHSC) Contract No. HHS000537900338, and all related documents, under the Medicaid Administrative Claiming Program, by and between the City of Lubbock and the State of Texas Health and Human Services Commission.

21.

Resolution - Public Health Services: Resolution No. 2023-R0526 authorizing the Mayor to execute Contract 17450, and all related documents, with Stages of Recovery, Inc., for Substance Use Treatment Provider Services.

22.

Resolution - Civic Centers: Resolution No. 2023-R0527 accepting, on behalf of the City of Lubbock, a public art donation titled The Naiads, comprised of four sculptures by artist Glenna Maxey Goodacre, from Civic Lubbock, Inc., for the City of Lubbock Public Art Collection.

23.

Resolution - Information Technology: Resolution No. 2023-R0528 authorizing the Mayor to execute Purchase Order 33001792, with Microsoft Corporation, for the annual renewal of the Enterprise Services Work Order Agreement, to provide technical assistance in maintaining Microsoft products and applications.

24.

Resolution - Information Technology: Resolution No. 2023-R0529 authorizing the Mayor to execute Purchase Order 32501090, with Dailey & Wells Communications, Inc., for the scheduled replacement of portable radios for Public Safety.

Regular Agenda

Motion by Council Member Mark W. McBrayer, seconded by Council Member Steve Massengale, to appoint and reappoint the aforementioned citizens to the Airport Board, Animal Services Advisory Board, Citizens Traffic Commission, Health/Educational Facilities Development Corporation Board, Lubbock Emergency Communications District Board of Managers, Lubbock Economic Development Alliance, Inc. Board of Directors, Market Lubbock Economic Development Corporation Board of Directors, Model Codes & Construction Advisory Board, Museum & Art Standing Sub-Committee, Permit & License Appeal Board, Planning & Zoning Commission, and the Veterans Advisory Committee.

Vote: 6 - 0 Motion carried

Other:

Mayor Tray Payne (ABSENT)

Board Appointments - City Secretary: Consider appointments to the Electric Utility Board.

Electric Utility Board: Reappointment of Dan Wilson; Lewis Harvill; Edwin "Butch" Davis; Edwin Schulz; and Solomon Fields; and to appoint Dr. Craig Rhyne to replace Petra Gambles.

Motion by Council Member Mark W. McBrayer, seconded by Council Member Christy Martinez-Garcia, to appoint and reappoint the aforementioned citizens to the Electric Utility Board.

Vote: 6 - 0 Motion carried

Other:

Mayor Tray Payne (ABSENT)

Resolution - Business Development: Resolution No. 2023-R0531 making findings that the Cypress Ranch Public Improvement District (PID) meets the requirements of Chapter 372 of the Texas Local Government Code; accepting the Cypress Ranch PID Petition, which covers a portion of an area in the City of Lubbock, Lubbock County, Texas, generally bounded by the Levelland Highway to the North, agricultural land to the East, railroad tracks to the South, and Inler 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.

Blu Kostelich, chief financial officer, gave a presentation and answered questions from City Council. Wes Everett, with Betenbough Homes, gave comments and answered questions from City Council.

Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Mark W. McBrayer, to approve Resolution No. 2023-R0531.

Vote: 6 - 0 Motion carried

Other:

Mayor Tray Payne (ABSENT)

Resolution - Planning: Consider a resolution approving and granting a variance from the applicable 300-foot minimum distance provision of the City of Lubbock Code of Ordinances No. 2009-O0060, at 5001 Avenue Q, Suite A, for an alcoholic beverage permit for Quince's Taco Shack.

This item failed.

Kristen Sager, director of planning, gave a presentation and answered questions from City Council. Rick Rodriguez, chief operating officer for Lubbock Independent School District; Alice Jimenez, principal at Hodges Elementary School; and Paulina Madrid, the proponent, gave comments and answered questions from City Council.

Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Christy Martinez-Garcia, to approve this item.

Vote: 3 - 3 Failed

NAY:

Mayor Pro Tem Shelia Patterson Harris

Council Member Latrelle Joy

Council Member Steve Massengale

Other:

Mayor Tray Payne (ABSENT)

Resolution - City Council: Resolution No. 2023-R0532 creating a citizen committee to study amortization and strategic downzoning in the City of Lubbock.

*Council Member Steve Massengale presided over this item.

Jarrett Atkinson, city manager, introduced the item, gave comments, and answered questions from City Council. Council Member Latrelle Joy and Mayor Pro Tem Shelia Patterson Harris gave comments and answered questions.

Motion by Council Member Latrelle Joy, seconded by Mayor Pro Tem Shelia Patterson Harris, to approve Resolution No. 2023-R0532.

Vote: 6 - 0 Motion carried

Other:

Mayor Tray Payne (ABSENT)

Resolution - Lubbock Power & Light: Resolution No. 2023-R0533 regarding the process which will be followed for assigning customers to the entities previously selected to serve as the Provider of Last Resort (POLR) in the Lubbock Power & Light (LP&L) certificated area upon LP&L’s entry into retail competition.

Clint Gardner, chief customer officer for LP&L, gave comments and answered questions from City Council.

Motion by Council Member Mark W. McBrayer, seconded by Council Member Latrelle Joy, to approve Resolution No. 2023-R0533.

Vote: 6 - 0 Motion carried

Other:

Mayor Tray Payne (ABSENT)

Resolution - Lubbock Power & Light: Resolution No. 2023-R0534 regarding the process which will be followed for assigning customers to the entities previously selected to serve as the Default Retail Electric Providers (DREP) in Lubbock Power & Light's (LP&L) certificated area upon LP&L’s entry into retail competition.

Clint Gardner, chief customer officer for LP&L, gave comments and answered questions from City Council.

Motion by Council Member Mark W. McBrayer, seconded by Council Member Latrelle Joy, to approve Resolution No. 2023-R0534.

Vote: 6 - 0 Motion carried

Other:

Mayor Tray Payne (ABSENT)

Resolution - Lubbock Power & Light: Resolution No. 2023-R0535 determining that condition #7 in the Customer Choice Resolution adopted by the City Council on February 22, 2022, related to the sufficiency of the number of retail electric providers, including a sufficient number of independent, unaffiliated retail electric providers within the Electric Reliability Council of Texas market, has been satisfied, such that competitive customer choice can be adequately provided to customers within the Lubbock Power & Light certificated service area.

Clint Gardner, chief customer officer for LP&L, gave comments and answered questions from City Council.

Motion by Council Member Mark W. McBrayer, seconded by Council Member Latrelle Joy, to approve Resolution No. 2023-R0535.

Vote: 6 - 0 Motion carried

Other:

Mayor Tray Payne (ABSENT)

3:07 P.M. CITY COUNCIL ADJOURNED

There being no further business to come before Council, Mayor Pro Tem Shelia Patterson Harris adjourned the meeting.

The October 24, 2023 Regular City Council Meeting minutes were approved by the City Council on the 14th day of November, 2023.

____________________________________
TRAY PAYNE, MAYOR

ATTEST:

___________________________________
Courtney Paz, City Secretary