Agenda - View Meetings (All)

CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
June 28, 2022
4:30 P. M.

The City Council of the City of Lubbock, Texas met in regular session on the 28th of June, 2022, in City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas at 4:30 p.m.

4:30 P.M.

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

Present:

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

Note:

City Council addressed agenda items in the following order:

1.1-1.3.2; 3.1; Citizen Comments 4; 5.1-5.2; 5.4-5.6; 5.9; 5.3; 5.7-5.8; 5.10; 4.1-4.1.1; 4.5-4.14; 4.16-4.17; 4.19; 4.2-4.4; 4.15; and 4.18.
Item No. 5.3 failed.

Ceremonial Items

Invocation

Pastor Chris Moore, Victory in Praise 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.

Proclamations and Presentations

Presentation of a Proclamation recognizing July as National Parks and Recreation Month

Mayor Tray Payne presented a proclamation recognizing July as National Parks and Recreation Month. Colby VanGundy, director of parks and recreation; and Gabby Anglin, community recreation coordinator, gave comments, thanked City Council for the proclamation, and invited all Lubbock citizens to attend and participate in events being held during the month of July within city parks.

Presentation of Honorary Citizenships to the Mandela Washington Fellowship for Young African Leaders from Texas Tech University

Mayor Tray Payne presented a special recognition and honorary city of Lubbock citizenships to the students participating in the Mandela Washington Fellowship for Young African Leaders Program at Texas Tech University. Michael Johnson, assistant director of international grants, administration, and partnerships with Texas Tech University, gave comments on the importance of the Mandela Washington Fellowship Program and thanked City Council for the special recognition.

Call to Order

The meeting was called to order at 5:00 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 5:00 p.m. on June 28, 2022. Citizen Comments provides an opportunity for citizens to make comments and express a position on agenda items. Any comment received that is in the nature of asking a question will be referred to an appropriate member of the City staff for a response.

Citizen Comments submitted in writing at the meeting (copies were provided to City Council):

Johnny James, the property owner, submitted written citizen comments in favor of item 5.3 (Zone Case 0647-A)

Sign ups:

Kim Gonzalez, Larry Simmons, Adam Hernandez, Josh Shankles, and Nathan Lewis appeared before City Council to speak in opposition of item 4.18 (a resolution adopting revised and updated City of Lubbock City Council Rules).

Minutes

May 24, 2022 Regular City Council Meeting

Motion by Council Member Steve Massengale, seconded by Council Member Latrelle Joy, to approve the May 24, 2022 Regular 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 Steve Massengale, seconded by Council Member Dr. Jennifer Wilson, to approve items 4.1-4.1.1; 4.5-4.14; 4.16-4.17; and 4.19.

Vote: 7 - 0 Motion carried

Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2022-O0093, Amendment 30, amending the FY 2021-22 Budget for municipal purposes, respecting the Grant Fund to accept and appropriate funding from the Texas Department of State Health Services for HIV Prevention Grant; providing for filing; and providing for a savings clause.

Resolution - Public Health Services: Resolution No. 2022-R0288 authorizing the Mayor to execute Amendment No. 4 to Contract HHS000077800035 under the HIV Prevention Services Grant, and all related documents, by and between the City of Lubbock and the State of Texas Department of State Health Services.

Resolution - Finance: Resolution No. 2022-R0301 authorizing the refunding of Canadian River Municipal Water Authority Subordinate Lien Contract Revenue Refunding Bonds, Series 2014 (Conjunctive Use Groundwater Supply Project).

Blu Kostelich, chief financial officer, gave comments and answered questions from City Council.

Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Latrelle Joy, to approve Resolution No. 2022-R0301.

Vote: 7 - 0 Motion carried

Resolution - Planning: Resolution No. 2022-R0302 authorizing the Mayor to execute Amendment No. 1 to Contract 14768, a service agreement with GovOS, Inc., formerly known as MUNIRevs, Inc. dba LODGINGRevs, for hotel occupancy tax collection and compliance services.

Bill Howerton, deputy city manager; and Jesica McEachern, assistant city manager, gave comments and answered questions from City Council.

Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Latrelle Joy, to approve Resolution No. 2022-R0302.

Vote: 7 - 0 Motion carried

Ordinance 1st Reading - Engineering: Ordinance No. 2022-O0103, amending Chapter 30 “Lakes, Waterways and Floodplain” of the Code of Ordinances of the City of Lubbock, in order to extend freeboard requirements to residential machinery and equipment.

Bill Howerton, deputy city manager; and Mike Keenum, division director of engineering/city engineer, gave comments and answered questions from City Council.

Motion by Council Member Steve Massengale, seconded by Council Member Dr. Jennifer Wilson, to approve Ordinance No. 2022-O0103.

Vote: 7 - 0 Motion carried

Resolution - Water Utilities: Resolution No. 2022-R0289 authorizing the mayor to execute Purchase Order 22105210, with Agilent Technologies, Inc., for the purchase of a Gas Chromatograph/Mass Spectrometer (GC/MS) and Inductively Coupled Plasma Mass Spectrometry (ICP-MS) for Water System Laboratory Services.

Resolution - Wastewater: Resolution No. 2022-R0290 authorizing the Mayor to execute Contract 16664, with Bill Sides, allowing the City to provide reclaimed water for agricultural purposes.

Resolution - Wastewater: Resolution No. 2022-R0291 authorizing the Mayor to execute Contract 16665, with Fred Jones, allowing the City to provide reclaimed water for agricultural purposes.

Ordinance 2nd Reading - Traffic Operations: Ordinance No. 2022-O0094, amending Section 20.05.103 of the Code of Ordinances of the City of Lubbock, with regard to the establishment of school zones and speed limits.

Resolution - Business Development: Resolution No. 2022-R0292 authorizing the City Council to ratify the actions of the City Manager in executing, on behalf of the City of Lubbock, Contract 16695, with Atmos Energy, for the relocation of a gas line, for the purposes of demolition at the Lubbock Business Center at 1301 Broadway.

10.

Resolution - Aviation: Resolution No. 2022-R0293 authorizing the Mayor to execute Amendment No. 10 to Professional Services Agreement 15200, with RS&H, Inc., for the Hangar Roof Replacement at Lubbock Preston Smith International Airport.

11.

Resolution - Fleet Services: Resolution No. 2022-R0294 authorizing the Mayor to execute Purchase Order 31066826, in accordance with BuyBoard Contract 6001-19, with Sam Pack's Five-Star Ford/Carrollton, for the purchase of a 2023 Ford F-250 SuperCab Cab and Chassis, for the Lubbock Animal Services Department.

12.

Resolution - Facilities Management: Resolution No. 2022-R0295 authorizing the Mayor to execute Change Order No. 2 to Contract 15924, with Lee Lewis Construction, Inc., for services related to the repair of Citizens Tower and the Utilities Customer Services Center damaged by the flood event of March 12, 2021.

13.

Resolution - Parks and Recreation: Resolution No. 2022-R0296 authorizing the Mayor to execute Purchase Order 90500058, as per BuyBoard Contract 592-19, with MUSCO Sports Lighting, LLC., for the purchase and installation of Automated Lighting on Thomas A. Martin Youth Sports Complex Field 16.

14.

Resolution - Parks and Recreation: Resolution No. 2022-R0297 authorizing the Mayor to execute an amendment to the Senior Center Operations Contract with the South Plains Association of Governments, for funds to pay for the operation of senior citizen sites.

15.

Resolution - Civic Centers: Resolution No. 2022-R0303 authorizing the Mayor to execute Contract 16586, with Permian Paving, Inc., for improvements to the southwest parking lot at the Lubbock Memorial Civic Center.

Bill Howerton, deputy city manager, gave comments and answered questions from City Council.

Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Dr. Jennifer Wilson, to approve Resolution No. 2022-R0303.

Vote: 7 - 0 Motion carried

16.

Resolution - Police: Resolution No. 2022-R0298 authorizing the Chief of Police to execute a Short-Term Joint Operation Memorandum of Understanding, between the United States Marshal Service and the Lubbock Police Department, as it relates to the reimbursement to the City of Lubbock, for certain overtime expenses incurred during the investigation and/or arrest of persons with active arrest warrants.

17.

Resolution - City Secretary: Resolution No. 2022-R0299 authorizing the Mayor to utilize a facsimile signature for any legal instrument or document permitted by Chapter 618 of the Texas Government Code.

18.

Resolution - City Council: Resolution No. 2022-R0304 adopting revised and updated City of Lubbock City Council Rules.

City Council engaged in discussion regarding the proposed revisions to City Council Rules. Courtney Paz, deputy city secretary, gave comments and answered questions from City Council.

Motion by Mayor Pro Tem Shelia Patterson Harris, seconded by Council Member Christy Martinez-Garcia, to approve Resolution No. 2022-R0304.

Vote: 7 - 0 Motion carried

19.

Resolution - City Manager: Resolution No. 2022-R0300 authorizing the Mayor to execute a Memorandum of Understanding, on behalf of the City of Lubbock, with Palisade Pipeline, LLC, for lease of property and purchase of reclaimed water from the City's Southeast Water Reclamation Plant.

Regular Agenda

Public Hearing - Planning (District 1): Ordinance No. 2022-O0095, for Zone Case 696-A, a request of Stantec Consulting Services for Devon Self-Storage, for a Specific Use for a self-storage facility on property zoned Commercial District (C-4) at 2010 Avenue R, located south of 20th Street and west of Avenue R, Sherwood Addition, Lot 1.

Mayor Payne opened the public hearing at 5:13 p.m.

Dr. Travis Neel and Tom Rohrig, with the Heart of Lubbock Neighborhood Association; and Mike Olson, with Devon Self Storage, appeared to speak in favor.

No one appeared to speak in opposition.

Mayor Payne closed the public hearing at 5:41 p.m.

Motion by Council Member Steve Massengale, seconded by Council Member Dr. Jennifer Wilson, to approve Ordinance No. 2022-O0095.

Vote: 7 - 0 Motion carried

Public Hearing - Planning (District 2): Ordinance No. 2022-O0096, for Zone Case 2418-C, a request of 3D Land Development, LLC, for a zone change from High-Density Apartment District (A-2) Specific Use to Two-Family District (R-2), at 3504, 3506, 3507, and 3508 East Cornell Drive and 402 North Ironwood Avenue, Cherry Point Addition, Lots 423-427.

Mayor Payne opened the public hearing at 5:13 p.m.

Dennis Carrizales, the proponent, appeared to speak in favor.

No one appeared to speak in opposition.

Mayor Payne closed the public hearing at 5:41 p.m.

Motion by Council Member Steve Massengale, seconded by Council Member Dr. Jennifer Wilson, to approve Ordinance No. 2022-O0096.

Vote: 7 - 0 Motion carried

Public Hearing - Planning (District 2): Consider a request for Zone Case 0647-A, a request of El Cadete Sports Bar for JJ’s Sparkle Shop, for a Specific Use for a bar on property zoned Commercial District (C-4), at 407 Martin Luther King Jr. Boulevard, located east of Martin Luther King Jr. Boulevard and south of East 4th Street, Mackenzie Terrace Addition, Tract D, Lot 4, and the west 6.56 feet of Lot 5, and consider an ordinance.

This item failed.

Kristen Sager, director of planning; and Lilian Ramirez, the proponent, gave comments and answered questions from City Council.

Mayor Payne opened the public hearing at 5:42 p.m.

Lillian Ramirez, the proponent, appeared to speak in favor.

Danielle Demetria East, with East Lubbock Art House, appeared to speak in opposition.

Mayor Payne closed the public hearing at 5:50 p.m.

Motion by Council Member Steve Massengale, seconded by Council Member Latrelle Joy, to approve this item.

Vote: 1 - 6 Failed

NAY:

Mayor Tray Payne

Mayor Pro Tem Shelia Patterson Harris

Council Member Latrelle Joy

Council Member Steve Massengale

Council Member Mark W. McBrayer

Council Member Dr. Jennifer Wilson

Public Hearing - Planning (District 4): Ordinance No. 2022-O0097, for Zone Case 3257-O, a request of City of Lubbock, Lubbock Fire Rescue, for a Specific Use for Public Use on property zoned Garden Office District (GO), at 3302 142nd Street, located north of 142nd Street and east of Indiana Avenue, on 2.5 acres of unplatted land out of Block AK, Section 1.

Mayor Payne opened the public hearing at 5:13 p.m.

No one appeared to speak in favor or opposition.

Mayor Payne closed the public hearing at 5:41 p.m.

Motion by Council Member Steve Massengale, seconded by Council Member Dr. Jennifer Wilson, to approve Ordinance No. 2022-O0097.

Vote: 7 - 0 Motion carried

Public Hearing - Planning (District 4): Ordinance No. 2022-O0098, for Zone Case 3356-A, a request of Betenbough Homes, for a zone change from General Retail District (C-3) to Interstate Highway Commercial District (IHC), at 3136 130th Street, located north of 130th Street and west of Flint Avenue, on 4.201 acres of unplatted land out of Block E2, Section 21.

Mayor Payne opened the public hearing at 5:13 p.m.

Ronnie Wallace, with Betenbough Homes, appeared to speak in favor.

No one appeared to speak in opposition.

Mayor Payne closed the public hearing at 5:41 p.m.

Motion by Council Member Steve Massengale, seconded by Council Member Dr. Jennifer Wilson, to approve Ordinance No. 2022-O0098.

Vote: 7 - 0 Motion carried

Public Hearing - Planning (District 5): Ordinance No. 2022-O0099, for Zone Case 3016-D, a request of AMD Engineering, LLC for the Kelling Family Revocable Trust and Enrico & Teresita Aguas, for a zone change from Apartment-Medical District (AM), Transition District (T), and Garden Office District (GO) to Local Retail District (C-2) Specific Use for a self-storage facility, generally located west of Quincy Avenue and south of 98th Street, on 7.36 acres of unplatted land out of Block AK, Section 22.

Mayor Payne opened the public hearing at 5:13 p.m.

Will Stephens, with AMD Engineering, appeared to speak in favor.

No one appeared to speak in opposition.

Mayor Payne closed the public hearing at 5:41 p.m.

Motion by Council Member Steve Massengale, seconded by Council Member Dr. Jennifer Wilson, to approve Ordinance No. 2022-O0099.

Vote: 7 - 0 Motion carried

Public Hearing - Planning (District 5): Ordinance No. 2022-O0101, for Zone Case 3382-A, a request of Betenbough Homes for 87 Street Partners, for a zone change from General Retail District (C-3) to Two-Family District (R-2), at 9902 Upland Avenue, located west of Upland Avenue and south of 98th Street, on 7.14 acres of unplatted land out of Block AK, Section 23.

Kristen Sager, director of planning; Chad Weaver, city attorney; and Ronnie Wallace, with Betenbough Homes, gave comments and answered questions from City Council.

Mayor Payne opened the public hearing at 5:54 p.m.

Ronnie Wallace, with Betenbough Homes, appeared to speak in favor.

No one appeared to speak in opposition.

Mayor Payne closed the public hearing at 6:06 p.m.

Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Dr. Jennifer Wilson, to postpone this item to the July 12, 2022 Regular City Council Meeting.

Vote: 3 - 4 Failed

NAY:

Mayor Pro Tem Shelia Patterson Harris

Council Member Latrelle Joy

Council Member Steve Massengale

Council Member Mark W. McBrayer

Motion by Council Member Latrelle Joy, seconded by Council Member Mark W. McBrayer, to approve Ordinance No. 2022-O0101.

Vote: 5 - 2 Motion carried

NAY:

Council Member Christy Martinez-Garcia

Council Member Dr. Jennifer Wilson

Public Hearing - Planning (District 5): Ordinance No. 2022-O0102, for Zone Case 3464, a request of Canyon Rock Development, LLC, for a zone change from Transition District (T) to Light Manufacturing District (M-1), at 5721 122nd Street, Frankford Farms Addition, Tract 11.

Kristen Sager, director of planning; and Jacoby Madewell, with Canyon Rock Development, LLC, gave comments and answered questions from City Council.

Mayor Payne opened the public hearing at 6:14 p.m.

Jordan and Jacoby Madewell, with Canyon Rock Development, LLC, appeared to speak in favor.

No one appeared to speak in opposition.

Mayor Payne closed the public hearing at 6:22 p.m.

Motion by Mayor Pro Tem Shelia Patterson Harris, seconded by Council Member Mark W. McBrayer, to approve Ordinance No. 2022-O0102.

Vote: 6 - 1 Motion carried

NAY:

Council Member Latrelle Joy

Public Hearing - Planning (District 6): Ordinance No. 2022-O0100, for Zone Case 3289-A, a request of Betenbough Homes for Alcove Farms, for a Planned Development (PD) on property zoned General Retail District (C-3) and Single-Family District (R-1) with a Specific Use for Commercial Sustainable Farming at 7919, 7921, and 8101 4th Street, located south of 4th Street and west of Alcove Avenue, Alcove Farms Addition, Tracts A and B, and 65.5 acres of unplatted land out of Block D-6, Section 2.

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

Mayor Payne opened the public hearing at 5:13 p.m.

Kerry Richie, with Betenbough Homes, appeared to speak in favor.

No one appeared to speak in opposition.

Mayor Payne closed the public hearing at 5:41 p.m.

Motion by Council Member Steve Massengale, seconded by Council Member Dr. Jennifer Wilson, to approve Ordinance No. 2022-O0100.

Vote: 7 - 0 Motion carried

10.

Resolution - Lubbock Power & Light: Resolution No. 2022-R0287 authorizing publication of a notice of intention to issue Electric Light and Power System Revenue Bonds.

Harvey Hall, chief financial officer for LP&L; and Matt Boles, managing director with RBC Capital Markets, gave a presentation and answered questions from City Council.

Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Latrelle Joy, to approve Resolution No. 2022-R0287.

Vote: 7 - 0 Motion carried

7:40 P.M. CITY COUNCIL ADJOURNED

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

The June 28, 2022 Regular City Council Meeting minutes were approved by the City Council on the 26th day of July, 2022.

____________________________________
TRAY PAYNE, MAYOR

ATTEST:

___________________________________
Rebecca Garza, City Secretary