Agenda - View Meetings (All)

CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
December 3, 2024
12:00 P. M.

The City Council of the City of Lubbock, Texas met in regular session on the 3rd of December, 2024, in City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas at 12:00 p.m.

12:03 P.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; 3.1-3.2; Citizen Comments 4; 5.1; 6.1-6.13; 6.15-6.21; 6.14; 7.1-7.2; 7.4; 7.3; 7.5-7.12; 7.14; 7.13; and 7.15.
Item No. 7.13 failed.
Item No. 7.15 was amended.

Executive Session

The meeting recessed at 12:05 p.m. and reconvened in Executive Session under the provisions of Section 551, Texas Government Code. City Council reconvened in open session at 3:28 p.m., and the meeting was called to order at 3:30 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.

City of Lubbock, Texas v. Elk City Wind II, LLC, Cause No. CIV-23-232-G, proceeding in the United States District Court for the Western District of Oklahoma.

Community Development & Services Board

Lake 7

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.

Lake 7

Central Business District

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 Central Business District Tax Increment Financing Reinvestment Zone Board of Directors, Lubbock Business Park Tax Increment Financing Reinvestment Zone Board of Directors, North Overton Tax Increment Financing Reinvestment Zone Board of Directors, and the Urban Renewal Agency/Neighborhood Redevelopment Commission.

Hold an executive session in accordance with Texas Government Code, Section 551.086, to discuss and take action on the following competitive matters of Lubbock Power & Light.

Bidding and pricing information for purchased power, generation and fuel; effective fuel and purchased power agreements; and risk management information, contracts, and strategies related to a proposed settlement in City of Lubbock, Texas v. Elk City Wind II, LLC, Cause No. CIV-23-232-G.

Resolution No. 2024-R0557 related to a proposed settlement in City of Lubbock, Texas v. Elk City Wind II, LLC, Cause No. CIV-23-232-G.

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.

Central Business District

1:00 p.m. or immediately following Executive Session, the City Council reconvenes in Work Session in City Council Chambers.

City Council reconvened at 1:34 p.m.

Hear and discuss presentations regarding the following and provide guidance to staff as appropriate.

2024 Road Bond - Implementation Plan

John Turpin, division director of engineering/city engineer, gave a presentation on the 2024 Road Bond Implementation Plan and answered questions from City Council. Topics discussed included: 2024 Roadway Bond Projects overview, Next Steps, Gantt Chart, and Projected Timelines.

Lubbock Animal Services - Update, Metrics, and Goals

Steven Greene, director of Lubbock Animal Services; Taylor Ruggles, assistant director of Lubbock Animal Services; and Dr. Eila Machado, veterinarian at Lubbock Animal Services, gave a presentation and answered questions from City Council. Topics discussed included, but were not limited to: animal services operations, citation fees, management duties, animal bites and scratches, total intakes, investigations, euthanasia, spay and neuter, definitions of bite cases, new bite case metrics, phone calls for loose or roaming dogs, spayed/neutered upon intake, dog impoundments in November, goals, decreasing overpopulation, challenges, capacity for care, opportunities for improvement, suggestions, and dangerous dogs. Matt Wade, city attorney, gave comments and answered questions.

At the completion of the Work Session, the City Council continues in Open Session in City Council Chambers at 3:28 p.m.

Ceremonial Items

Invocation

Pastor Michael White II, Well of Life Fellowship International, Inc., 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 3:30 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 December 3, 2024. Citizen Comments provide an opportunity for citizens to make comments and express a position on agenda items.

No one appeared to speak.

Minutes

Minutes: November 5, 2024 Regular City Council Meeting

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

, to approve the November 5, 2024 Regular City Council Meeting.

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

, to approve items 6.1-6.13 and 6.15-6.21.

Vote: 7 - 0 Motion carried

Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2024-O0147, Amendment 3, amending the FY 2024-25 Budget for municipal purposes respecting the Grant Fund related to Public Health Services; providing for filing; and providing for a savings clause.

Resolution - Public Health Services: Resolution No. 2024-R0558 authorizing the Mayor to execute Amendment No. 4 to the Department of State Health Services (DSHS) Contract No. HHS001057600030, and all related documents, by and between the City of Lubbock and the State of Texas, acting by and through DSHS, to provide funding for the Health Disparities Grant Program.

Resolution - Public Health Services: Resolution No. 2024-R0559 authorizing the Mayor to execute Amendment No. 5 to the Department of State Health Services (DSHS) Contract No. HHS001120300005, and all related documents, under the STD/HIV-DIS Prevention Services Grant Program, by and between the City of Lubbock and the State of Texas, acting by and through DSHS.

Budget Ordinance Amendment 1st Reading - Finance: Ordinance No. 2024-O0149, Amendment 4, amending the FY 2024-25 Budget for municipal purposes respecting the Gateway Capital Project Fund to establish Capital Improvement Project 92895, East 19th Street from Keel Avenue to East Loop 289; providing for filing; and providing for a savings clause.

Resolution - Right-of-Way: Resolution No. 2024-R0560 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 5, Block E, of the GC & SF R.R. Co. Survey, Lubbock County, Texas (Parcel 1), at the northeast corner of 82nd Street and the I-27 frontage road, to be utilized for the 82nd Street and Martin Luther King, Jr. Boulevard Project, which is a portion of the 2022 Street Bond Project.

Resolution - Right-of-Way: Resolution No. 2024-R0561 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 23, Block E, of the SI Johnson Survey, Lubbock County, Texas (Parcel 33), on the east side of Martin Luther King, Jr. Boulevard between 77th Street and 79th Street, to be utilized for the 82nd Street and Martin Luther King, Jr. Boulevard Project, which is a portion of the 2022 Street Bond Project.

Resolution - Right-of-Way: Resolution No. 2024-R0562 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 23, Block E, of the SI Johnson Survey, Lubbock County, Texas (Parcel 35), on the east side of Martin Luther King, Jr. Boulevard, at 74th Street, to be utilized for the 82nd Street and Martin Luther King, Jr. Boulevard Project, which is a portion of the 2022 Street Bond Project.

Resolution - Right-of-Way: Resolution No. 2024-R0563 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 5) located in Section 39, Block AK, of the GC R.R. Co. Survey, Lubbock County, Texas, on the west side of Upland Avenue and north of 37th Street, to be utilized for the Upland Avenue: 34th Street to 50th Street Project, which is a portion of the 2022 Street Bond Project.

Resolution - Right-of-Way: Resolution No. 2024-R0564 authorizing the Mayor to execute an Amendment to a Street Use License Agreement, and related documents, by and between the City of Lubbock and Giehsler Properties, LLC, for awnings on the west side of Texas Avenue, between Broadway and 13th Street.

Resolution - Engineering: Resolution No. 2024-R0565 authorizing the Mayor to execute Amendment No. 2 to Contract 16588, with Freese and Nichols, Inc., for engineering services for a flood protection plan for watersheds.

Resolution - Public Works Traffic Management: Resolution No. 2024-R0566 authorizing the Mayor to execute an Interlocal Agreement with the Texas Department of Transportation, for continued operation of the Traffic Management Center, utilizing the TxDOT Intelligent Transportation System.

10.

Resolution - Public Works Traffic Management: Resolution No. 2024-R0567 authorizing the Mayor to execute Agreement No. BF-20496631, with the BNSF Railway Company, for the City of Lubbock to furnish equipment, and for Rio Grande Pacific Technology, Inc. to install a Wayside Horn System at the 2nd Street and Avenue P (DOT No. 014932M) at-grade crossing located at Mile Post 673.535.

11.

Resolution - Public Works Traffic Management: Resolution No. 2024-R0568 authorizing the Mayor to execute an Agreement with Rio Grande Pacific Technology, Inc., for Professional Services to design and install a Wayside Horn System at the 2nd Street and Avenue P (DOT No. 014932M) at-grade crossing located at Mile Post 673.535.

12.

Resolution - Public Health Services: Resolution No. 2024-R0569 authorizing the Mayor to execute a Memorandum of Understanding, by and between the City of Lubbock and the Plainview Serenity Center, Inc., regarding coordination of referrals with the City of Lubbock Health Department, and providing substance abuse services and co-occurring mental health services.

13.

Resolution - Human Resources: Resolution No. 2024-R0570 authorizing the Mayor to execute Contract 18167, with Concentra Medical Centers, for employment physical examinations and drug/alcohol screening.

14.

Ordinance 2nd Reading - Business Development: Ordinance No. 2024-O0148, designating the North Park Development area as Tax Increment Reinvestment Zone No. 4; establishing a Board of Directors; establishing an effective date; establishing a Tax Increment Fund for the North Park Tax Increment Financing District; providing a severability clause; and enacting other matters related thereto.

Motion by Council Member Brayden Rose, seconded by Council Member Tim Collins

, to approve Ordinance No. 2024-O0148.

Vote: 6 - 0 Motion carried

Other:

Council Member David Glasheen (RECUSE)

15.

Resolution - Business Development: Resolution No. 2024-R0571 authorizing the Mayor to execute Amendment No. 2 to Professional Services Agreement Contract 17764, with West Texas Services, Inc. dba Tom's Tree Place, for services related to right-of-way improvements in the North Overton Tax Increment Financing District boundary at 9th Street and 10th Street.

16.

Resolution - Parks and Recreation: Resolution No. 2024-R0572 authorizing the Mayor to execute Lease Number 99006906-1 with PNC Bank, National Association, for the lease of a fleet of golf cars and utility vehicles for Meadowbrook Golf Course, from E-Z-GO Golf Carts, in accordance with Omnia Contract #R210201, and all related documents.

17.

Resolution - Parks and Recreation: Resolution No. 2024-R0573 authorizing the Mayor to execute Lease Number 99006906-2, and all related documents, with PNC Bank, National Association, for the lease of a maintenance equipment package for Meadowbrook Golf Course, from United Ag & Turf, in accordance with Sourcewell Grounds Maintenance Contract 031121-DAC (PG BT CG 76), Sourcewell Ag Contract 082923-DAC (PG BA CG 76) and BuyBoard Contract.

18.

Resolution - Information Technology: Resolution No. 2024-R0574 authorizing the Mayor to execute Amendment No. 4 to Contract 12643, with Environmental Systems Research Institute, Inc., for Geographic Information Systems Software and Services.

19.

Resolution - Information Technology: Resolution No. 2024-R0575 authorizing the Mayor to execute Purchase Order 33001926, with CDW Government, Inc., for a two-year renewal of Mimecast Email Management System Services with Threat Protection from cybersecurity threats.

20.

Resolution - Lubbock Fire Rescue: Resolution No. 2024-R0576 authorizing the Mayor to execute Purchase Order 10028002, with Heat Safety Equipment Inc., for Self Contained Breathing Apparatus.

21.

Resolution - City Manager: Resolution No. 2024-R0577 authorizing the Mayor to execute the Cemetery Management and Operation Interlocal Cooperation Agreement, between the Texas General Land Office and Veterans Land Board, for the City of Lubbock to be the named provider of management and operations of the West Texas State Veterans Cemetery located at 4614 East 50th Street in Lubbock, Texas.

Jarrett Atkinson, city manager, gave comments and answered questions from City Council. Mayor McBrayer gave recognition to Dr. John Kelley, director of Texas Veterans Land Board and director of Texas State Veterans Cemeteries, and Norm Bender who is overseeing the project.

Regular Agenda

Report - Finance: Presentation of the Final Pricing results of the General Obligation Refunding Bonds and the Water and Wastewater System Revenue Refunding Bonds.

Presentation Only.

Jarrett Atkinson, city manager, introduced the item, gave comments, and answered questions from City Council. Matt Boles, managing director with RBC Capital Markets, gave a presentation and answered questions from City Council.

Ordinance (Single Reading) - Finance: Ordinance No. 2024-O0150 providing for the issuance of City of Lubbock, Texas, Water and Wastewater System Revenue Bonds, in one or more series, in a principal amount not to exceed $66,000,000, for the following projects: Lake 7 Design and Land Acquisition, West Lubbock Water System Expansion, Pump Station 11B, East 50th Street Water Line Extension, Southwest Lubbock Sanitary Sewer Expansion, and Southeast Water Reclamation Plant #4 Primary Clarifier Rehabilitation; providing for the award of the sale thereof in accordance with specified parameters; approving an official statement; approving execution of a purchase contract; and enacting other provisions relating thereto.

Matt Boles, managing director with RBC Capital Markets, 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 Ordinance No. 2024-O0150.

Vote: 7 - 0 Motion carried

Budget Ordinance Amendment 1st Reading - Finance: Ordinance No. 2024-O0152, Amendment 6, amending the FY 2024-25 Capital Program to create and appropriate the 2024 Street Bond Capital Projects approved by the voters.

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 Ordinance No. 2024-O0152.

Vote: 7 - 0 Motion carried

Budget Ordinance Amendment 1st Reading - Finance: Ordinance No. 2024-O0151, Amendment 8, amending the FY 2024-25 Budget for municipal purposes respecting the General Fund Capital, Water/Wastewater Fund Capital, and ARPA; providing for filing; and providing for a savings clause.

Jarrett Atkinson, city manager, 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-O0151.

Vote: 7 - 0 Motion carried

Resolution - City Secretary: Resolution No. 2024-R0578 acting in response to a petition for recognition, received on November 7, 2024, on behalf of the Lubbock Professional Police Association, to be the sole bargaining agent for the Lubbock Police Department police officers, in accordance with the provisions of the meet and confer statute, as set forth in Texas Local Government Code, Chapter 142.

Matt Wade, city attorney, gave comments and answered questions from City Council.

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

, to approve Resolution No. 2024-R0578.

Vote: 7 - 0 Motion carried

Resolution - City Secretary: Resolution No. 2024-R0579 acting in response to a petition for recognition, received on November 25, 2024, on behalf of the Lubbock Professional Firefighters Association, to be the sole bargaining agent for Lubbock Fire Rescue firefighters, in accordance with the provisions of the meet and confer statute as set forth in Texas Local Government Code, Chapter 142.

Matt Wade, city attorney, gave comments and answered questions from City Council.

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

, to approve Resolution No. 2024-R0579.

Vote: 7 - 0 Motion carried

Board Appointment - City Secretary: Consider the appointment of the Chairperson of the Central Business District Tax Increment Financing Reinvestment Zone Board of Directors, for the 2025 calendar year, with the term ending on December 31, 2025.

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

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

, to appoint Dan Williams as chair of the Central Business District Tax Increment Financing Reinvestment Zone Board of Directors for calendar year 2025.

Vote: 7 - 0 Motion carried

Board Appointment - City Secretary: Consider the appointment of the Chairperson of the Lubbock Business Park Tax Increment Financing Reinvestment Zone Board of Directors, for the 2025 Calendar Year, with the term ending on December 31, 2025.

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

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

, to appoint Cassandra (Sandy) Henry as chair of the Lubbock Business Park Tax Increment Financing Reinvestment Zone Board of Directors for calendar year 2025.

Vote: 7 - 0 Motion carried

Board Appointment - City Secretary: Consider the appointment of the Chairperson of the North Overton Tax Increment Financing Reinvestment Zone Board of Directors, for the 2025 Calendar Year, with the term ending on December 31, 2025.

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

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

, to appoint Jeff Dane as chair of the North Overton Tax Increment Financing Reinvestment Zone Board of Directors for calendar year 2025.

Vote: 7 - 0 Motion carried

10.

Public Hearing - Planning: Hold a public hearing in accordance with Section 43.0697(c)(2) of the Texas Local Government Code, regarding the City of Lubbock's intent to annex an area of land consisting of approximately 374.74 acres of real property commonly known as the Highland Oaks Subdivision, located within an area located south of 146th Street (F.M. 7500), east of Frankford Avenue, north of Woodrow Road (F.M. 7600), and west of Slide Road (F.M. Road 1730), into Lubbock's corporate limits.

Public Hearing Only.

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

Mayor McBrayer opened the public hearing at 4:10 p.m.

Shannon Hanson appeared to speak on this item.

Mayor McBrayer closed the public hearing at 4:12 p.m.

11.

Public Hearing - Planning (District 4): Ordinance No. 2024-O0153, for Zone Case 3257-Q, a request of AMD Engineering, LLC for 1585 Development, LLC, for a zone change from Low Density Single-Family District (SF-2) to Medium Density Residential District (MDR), generally located west of Elgin Avenue and north of 137th Street on approximately 34.61 acres of unplatted land out of Block AK, Section 1.

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

Mayor McBrayer opened the public hearing at 4:23 p.m.

No one appeared to speak in favor or opposition.

Mayor McBrayer closed the public hearing at 4:24 p.m.

Motion by Council Member David Glasheen, seconded by Council Member Tim Collins

, to approve Ordinance No. 2024-O0153.

Vote: 7 - 0 Motion carried

12.

Public Hearing - Planning (District 4): Ordinance No. 2024-O0154, for Zone Case 3511, a request of AMD Engineering, LLC for BARCCC Ventures, LLC – Series C, and Crowtracks, LLC, for a zone change from Low Density Single-Family District (SF-2) to Heavy Commercial District (HC), at 3201 116th Street, located south of 116th Street and east of Indiana Avenue, on 29.61 acres of unplatted land out of Block E-2, Section 21.

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

Mayor McBrayer opened the public hearing at 4:23 p.m.

No one appeared to speak in favor or opposition.

Mayor McBrayer closed the public hearing at 4:24 p.m.

Motion by Council Member David Glasheen, seconded by Council Member Tim Collins

, to approve Ordinance No. 2024-O0154.

Vote: 7 - 0 Motion carried

13.

Public Hearing - Planning (District 5): Consider a request for Zone Case 3510, a request of Danny J. Everson, for a zone change from Low Density Single-Family District (SF-2) to Neighborhood Commercial District (NC), at 7508 66th Street, located north of 66th Street and west of Wausau Avenue, on approximately 3.593 acres of unplatted land out of Block AK, Section 34, and consider an ordinance.

This item failed.

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

Mayor McBrayer opened the public hearing at 4:23 p.m.

No one appeared to speak in favor or opposition.

Mayor McBrayer closed the public hearing at 4:24 p.m.

Motion by Council Member David Glasheen, seconded by Council Member Tim Collins

, to approve this item.

Vote: 3 - 4 Failed

NAY:

Mayor Pro Tem Christy Martinez-Garcia

Council Member Gordon Harris

Council Member Brayden Rose

Council Member Dr. Jennifer Wilson

14.

Public Hearing - Planning (District 6): Ordinance No. 2024-O0155, for Zone Case 3207-A, a request of Hugo Reed and Associates, Inc. for West End Hotels, LLC, for a zone change from Low Density Single-Family District (SF-2) and Heavy Commercial District (HC) to Heavy Commercial District (HC), at 2909 Iola Avenue, located at the intersection of 29th Street and Iola Avenue, West End Addition, Tract K.

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

Mayor McBrayer opened the public hearing at 4:23 p.m.

No one appeared to speak in favor or opposition.

Mayor McBrayer closed the public hearing at 4:24 p.m.

Motion by Council Member David Glasheen, seconded by Council Member Tim Collins

, to approve Ordinance No. 2024-O0155.

Vote: 7 - 0 Motion carried

15.

Resolution - City Manager: Resolution No. 2024-R0580 authorizing the Mayor to execute Contract 18128, for lobbying consultant services.

This item was amended.

Jarrett Atkinson, city manager; and Matt Wade, city attorney, gave comments and answered questions from City Council.

Motion by Council Member David Glasheen, seconded by Council Member Dr. Jennifer Wilson

, to approve Resolution No. 2024-R0580 with the following amendment:

to amend the resolution and attached contract for lobbying consulting services by striking "Blackridge" and replacing with "Hance Scarborough, LLP" throughout, and further by replacing the exhibits included for Item 7.15 with the conforming exhibits passed out at the dais.

Vote: 7 - 0 Motion carried

4:45 P.M. CITY COUNCIL ADJOURNED

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

The December 3, 2024 Regular City Council Meeting minutes were approved by the City Council on the 14th day of January, 2025.

____________________________________
MARK W. McBRAYER, MAYOR

ATTEST:

___________________________________
Courtney Paz, City Secretary