Agenda - View Meetings (All)

CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
July 25, 2023
1:00 P. M.

The City Council of the City of Lubbock, Texas met in regular session on the 25th of July, 2023, in City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas at 1:00 p.m.

1:02 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; City Manager W. Jarrett Atkinson; City Secretary Courtney Paz; City Attorney Chad Weaver

Absent:

Council Member Dr. Jennifer Wilson

Note:

City Council addressed agenda items in the following order:

Executive Session; 2.1-2.2; Citizen Comments 3; 5.1-5.28; and 6.1-6.9.
Item No.'s 6.3 and 6.5 failed.
Item No. 6.8 was postponed to the August 22, 2023 Regular City Council Meeting.

Executive Session

The meeting recessed at 1:03 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 2:06 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.

Discuss Article 22.03 of the Lubbock Code of Ordinances

Discuss Chapter 211 of the Texas Local Government Code and relevant case law.

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.

Loop 88 Land Acquisition

Texas Parks and Wildlife Department - Park Land Dedication

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 Building Board of Appeals, Canadian River Municipal Water Authority Board of Directors, Lubbock Reese Redevelopment Authority Board of Directors, Permit & License Appeal Board, and the Urban Design & Historic Preservation 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 Michael Cleghorn, Quaker Avenue Church of God, 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 2:06 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 July 25, 2023. Citizen Comments provide an opportunity for citizens to make comments and express a position on agenda items.

No one appeared to speak.

Minutes

May 24, 2023 Special City Council Meeting - Lubbock Economic Development Alliance
June 27, 2023 Regular City Council Meeting
June 28, 2023 Special City Council Meeting - Lubbock Economic Development Alliance Press Conference

Motion by Council Member Latrelle Joy, seconded by Council Member Christy Martinez-Garcia, to approve the May 24, 2023 Special City Council Meeting - Lubbock Economic Development Alliance minutes; June 27, 2023 Regular City Council Meeting minutes; and the June 28, 2023 Special City Council Meeting - Lubbock Economic Development Alliance Press Conference minutes.

Vote: 6 - 0 Motion carried

Other:

Council Member Dr. Jennifer Wilson (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 Steve Massengale, to approve items 5.1-5.28.

Vote: 6 - 0 Motion carried

Other:

Council Member Dr. Jennifer Wilson (ABSENT)

Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2023-O0081, Amendment 24, amending the FY 2022-23 Budget for municipal purposes respecting the General Fund for additional positions to increase core public health capacity; providing for filing; and providing for a savings clause.

Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2023-O0082, Amendment 25, amending the FY 2022-23 Budget for municipal purposes respecting the Airport Capital Fund for safety management and facilities improvements; providing for filing; and providing for a savings clause.

Budget Ordinance Amendment 1st Reading - City Council: Ordinance No. 2023-O0088, Amendment 26, amending the FY 2022-23 Budget for municipal purposes respecting the Parks Capital Projects Fund for parks improvements; providing for filing; and providing for a savings clause.

Budget Ordinance Amendment 1st Reading - Finance: Ordinance No. 2023-O0089, Amendment 27, amending the FY 2022-23 Budget for municipal purposes respecting the Streets Capital Projects Fund; providing for filing; and providing for a savings clause.

Budget Ordinance Amendment 1st Reading - Finance: Ordinance No. 2023-O0090, Amendment 28, amending the FY 2022-23 Budget for municipal purposes respecting the operating budget for Lubbock Economic Development Alliance and Market Lubbock, Inc. (MLI) - Visit Lubbock and Sports Authority; providing for filing; and providing for a savings clause.

Resolution - Business Development: Resolution No. 2023-R0354 of support for the planning and construction of Interstate 27 in Texas.

Ordinance 2nd Reading - Right-of-Way: Ordinance No. 2023-O0083, abandoning and closing portions of alley right-of-way located in Section 41, Block AK, Lubbock County, Texas.

Ordinance 2nd Reading - Right-of-Way: Ordinance No. 2023-O0084, abandoning and closing a portion of a drainage easement located in Lot 26, Regency Park Addition to the City of Lubbock, Lubbock County, Texas.

Resolution - Right-of-Way: Resolution No. 2023-R0355 authorizing the Mayor to accept, for and on behalf of the City of Lubbock, a Dedication Deed, in connection with certain real property located in Lots 6-A and 12-A, Block 1, a replat of Lots 6 through 12, Block 1, Maddox Addition to the City of Lubbock, Lubbock County, Texas, to be utilized for street, curb, gutter, sidewalk, drainage right-of-way, public utilities and other public purposes.

10.

Resolution - Right-of-Way: Resolution No. 2023-R0356 authorizing the Mayor to execute a Street Use License, and all related documents, by and between the City of Lubbock and Tapia Elias and Doria Gonzales, to use a portion of a dedicated street for additional vehicle parking, located in Lot 19, Block 21, a replat of Modern Manors Addition to the City of Lubbock, Lubbock County, Texas.

11.

Resolution - Engineering: Resolution No. 2023-R0357 authorizing the Mayor to execute Contract 17343, with Lone Star Dirt and Paving, Ltd., for construction services for the 34th Street Back-of-Curb Project.

12.

Resolution - Engineering: Resolution No. 2023-R0358 authorizing the Mayor to execute Professional Services Agreement, Contract No. 17484, by and between the City of Lubbock and dredgeSMART, for the Canyon Lake 6 Dredging.

13.

Resolution - Engineering: Resolution No. 2023-R0359 authorizing the Mayor to execute Amendment No. 1 to Professional Services Agreement, Contract 17074, by and between the City of Lubbock and Freese and Nichols, Inc., for the design of Upland Avenue from 34th Street to 50th for street and street bond management.

14.

Resolution - Solid Waste: Resolution No. 2023-R0360 authorizing the Mayor to execute Contract 17278, with Parkhill, for Engineering Services related to the Design and Construction Administration of the West Texas Regional Disposal Facility Cell 6.

15.

Ordinance 2nd Reading - Public Works Traffic Management: Ordinance No. 2023-O0085, 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.

16.

Resolution - Public Works Traffic Management: Resolution No. 2023-R0361 authorizing the Mayor to execute any and all instruments necessary, in connection with the acceptance of the FY 2022 Safe Streets and Roads for All, Grant Award No. 6931132340211, from the Federal Highway Administration, to develop a comprehensive safety action plan.

17.

Resolution - Public Works Traffic Management: Resolution No. 2023-R0362 authorizing the Mayor to execute Contract 17370, with TRP Construction Group, LLC, for pavement marking and striping removal on 19th Street and Milwaukee Avenue, 34th Street and Milwaukee Avenue, and any other streets that will be re-striped to a different lane configuration.

18.

Resolution - Public Health Services: Resolution No. 2023-R0363 authorizing the Mayor to execute four Prevention Resource Center, Region 1 Memorandums of Understanding, and all related documents, by and between the City of Lubbock, and Cenikor Foundation, Family Support Services of Amarillo, Hub City Outreach Center, and Adolescent Support Network, in a collaborative effort to meet the specific needs of the priority population, and serving as an essential link between prevention, intervention and treatment services.

19.

Resolution - Public Health Services: Resolution No. 2023-R0364 authorizing the Mayor to execute Contract 17194, and all related documents, with Mindfulness Behavioral Health Services, LLC, for Substance Use Disorder Treatment Services.

20.

Resolution - Community Development: Resolution No. 2023-R0365 approving the City of Lubbock Community Development Department 2023 - 2024 Annual Action Plan Draft, to be submitted to the U. S. Department of Housing and Urban Development.

21.

Ordinance 2nd Reading - Human Resources: Ordinance No. 2023-O0086, amending Ordinance No. 2011-O0112, which established a Deferred Compensation Plan for City employees, to change the make-up of the Oversight Committee of the City's Deferred Compensation Plan.

22.

Resolution - Civic Centers: Resolution No. 2023-R0366 authorizing the Mayor to execute a License Agreement between the City of Lubbock and Civic Lubbock, Inc., regarding concession commissions, salary reimbursements, collection of catering and merchandise fees, and the continuation of two standing subcommittees.

23.

Resolution - Civic Centers: Resolution No. 2023-R0367 approving the recommendation from the Cultural Arts Grant Review Committee and the Civic Lubbock, Inc. Board of Directors, for the 2023 Cultural Arts Grant Program, using Hotel Occupancy Tax funds collected at the end of FY 2021-22.

24.

Resolution - Fleet Services: Resolution No. 2023-R0368 authorizing the Mayor to execute Purchase Order 31075188, with Logistics365, Inc., for the purchase of two Utility Terrain Vehicles and four All Terrain Vehicles, for various City Departments.

25.

Resolution - Police: Resolution No. 2023-R0369 authorizing the Mayor to execute Purchase Order 10026558, with Galls, LLC, for the purchase of ballistic shields for the Lubbock Police Department.

26.

Resolution - City Manager: Resolution No. 2023-R0370 authorizing the Mayor to execute a grant amendment between the City of Lubbock and the Texas Parks and Wildlife Department, to remove a grant encumbrance from a portion of the Lubbock Youth Sports Complex, as the first part of a conversion with delayed replacement.

27.

Resolution - City Manager: Resolution No. 2023-R0371 authorizing the Mayor to execute a Possession and Use Agreement, by and between the City of Lubbock and the Texas Department of Transportation, regarding certain property for the purpose of constructing a portion of Loop 88, located at the corner of FM 1585 and Milwaukee Avenue.

28.

Ordinance 2nd Reading - Planning (District 3): Ordinance No. 2023-O0087, for Zone Case 501-A, a request of Steve Vernon for Dellas W. Lee, for a Specific Use for an Event Center on property zoned Local Retail District (C-2), at 4012 34th Street, located north of 34th Street, and east of Oxford Avenue, Zuni Park Addition, Block 7, Lot 14, the east 55 feet of Lot 13 and the west 15 feet of Lot 15.

Regular Agenda

Agenda Item 11742 has been deleted. Please remove this line from the minutes.

Motion by Council Member Steve Massengale, seconded by Council Member Latrelle Joy, to appoint and reappoint the aforementioned citizens to the Appointments Advisory Board, Board of Health, Building Board of Appeals, Canadian River Municipal Water Authority Board of Directors, Citizens Traffic Commission, Civic Lubbock, Inc. Board of Directors, Comprehensive Plan Oversight Committee, Keep Lubbock Beautiful Advisory Committee, Libraries Board, Lubbock Water Advisory Commission, Permit and License Appeal Board, and the Urban Design and Historic Preservation Commission.

Vote: 6 - 0 Motion carried

Other:

Council Member Dr. Jennifer Wilson (ABSENT)

Board Appointments - City Secretary: Consider appointments to the Lubbock Reese Redevelopment Authority Board of Directors.

Lubbock Reese Redevelopment Authority: Reappointment of Tim Collins; and the appointment of James J. Mustin to replace Todd McKee.

Motion by Council Member Steve Massengale, seconded by Council Member Latrelle Joy, to appoint and reappoint the aforementioned citizens to the Lubbock Reese Redevelopment Authority.

Vote: 6 - 0 Motion carried

Other:

Council Member Dr. Jennifer Wilson (ABSENT)

Public Hearing - Planning (District 3): Consider a request for Zone Case 1511-N, a request of Ramesh Krishnan, for a zone change from Restricted Local Retail District (C-2A) to Commercial District (C-4), at 4502 50th Street, Suite 200, located north of 50th Street and east of Salem Avenue, Gordon Heights Addition, Lot 113 and the east 25 feet of Lot 114, and consider an ordinance.

This item failed.

Kristen Sager, director of planning, gave a presentation and answered questions from City Council. Ramesh Krishnan, the proponent, gave comments and answered questions from City Council.

Mayor Payne opened the public hearing at 2:17 p.m.

Ramesh Krishnan, the proponent, appeared to speak in favor.

No one appeared to speak in opposition.

Mayor Payne closed the public hearing at 2:18 p.m.

Motion by Council Member Mark W. McBrayer, seconded by Council Member Steve Massengale, to approve this item.

Vote: 1 - 5 Failed

NAY:

Mayor Tray Payne

Mayor Pro Tem Shelia Patterson Harris

Council Member Latrelle Joy

Council Member Christy Martinez-Garcia

Council Member Steve Massengale

Other:

Council Member Dr. Jennifer Wilson (ABSENT)

Public Hearing - Planning (District 4): Ordinance No. 2023-O0091, for Zone Case 2161-L, a request of Hub City Capital, LLC for G Greenstreet, Inc., for a zone change from Garden Office District (GO) to General Retail District (C-3), at 8902 University Avenue, located west of University Avenue and south of 89th Street, Summerfield Addition, North 119 feet of Tract E, and consider an ordinance.

Kristen Sager, director of planning, gave a presentation and answered questions from City Council. Dan Williams, with Hub City Capital, LLC, gave comments and answered questions from City Council.

Mayor Payne opened the public hearing at 2:23 p.m.

Dan Williams, with Hub City Capital, LLC, appeared to speak in favor.

No one appeared to speak in opposition.

Mayor Payne closed the public hearing at 2:25 p.m.

Motion by Council Member Steve Massengale, seconded by Council Member Mark W. McBrayer, to approve Ordinance No. 2023-O0091.

Vote: 5 - 1 Motion carried

NAY:

Council Member Christy Martinez-Garcia

Other:

Council Member Dr. Jennifer Wilson (ABSENT)

Public Hearing - Planning (District 6): Consider a request for Zone Case 1598-K, a request of Earl and Sherry Craig for Linda Waite, for a zone change from Single-Family District (R-1) Specific Use for RV Storage and RV Mobile Home Park and Commercial District (C-4) to Light Manufacturing District (M-1), at 3464 and 3468 West Loop 289, located north of 43rd Street and west of West Loop 289, Loop 289 RV Park Addition, Lots 13-B and 14-A, and consider an ordinance.

This item failed.

Kristen Sager, director of planning, gave a presentation and answered questions from City Council. Linda Waite, the proponent, gave comments and answered questions from City Council.

Mayor Payne opened the public hearing at 2:29 p.m.

Linda Waite, the proponent, appeared to speak in favor.

No one appeared to speak in opposition.

Mayor Payne closed the public hearing at 2:31 p.m.

Motion by Council Member Steve Massengale, seconded by Council Member Christy Martinez-Garcia, to approve this item.

Vote: 0 - 6 Failed

NAY:

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

Other:

Council Member Dr. Jennifer Wilson (ABSENT)

Public Hearing - Planning (District 6): Ordinance No. 2023-O0092, for Zone Case 3143-A, a request of West Texas Engineering, LLC for Tigris Development, LLC, for a zone change from General Retail District (C-3) to High-Density Apartment District (A-2), at 3202 Milwaukee Avenue, located south of 32nd Street, and west of Milwaukee Avenue, Elm Park Addition, Tract K, and consider an ordinance.

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

Mayor Payne opened the public hearing at 2:47 p.m.

Victor Roden, with West Texas Engineering, LLC, appeared to speak in favor.

No one appeared to speak in opposition.

Mayor Payne closed the public hearing at 2:48 p.m.

Motion by Council Member Latrelle Joy, seconded by Council Member Mark W. McBrayer, to approve Ordinance No. 2023-O0092.

Vote: 6 - 0 Motion carried

Other:

Council Member Dr. Jennifer Wilson (ABSENT)

Resolution - Planning: Resolution No. 2023-R0372 prescribing the type of notice to be given for a joint meeting of the City Council and the Planning and Zoning Commission, for a public hearing to consider amendments to the Unified Development Code (UDC), as provided under Section 211.007(d) of the Texas Local Government Code, and setting the date for the public hearing.

Chad Weaver, city attorney, gave comments and answered questions from City Council.

Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Steve Massengale, to approve Resolution No. 2023-R0372.

Vote: 6 - 0 Motion carried

Other:

Council Member Dr. Jennifer Wilson (ABSENT)

Resolution - Business Development: Consider a resolution authorizing the Mayor to execute City Tax Abatement Agreement No. 17471, with Dura-Line, LLC.

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

Motion by Council Member Latrelle Joy, seconded by Council Member Steve Massengale, to postpone this item to the August 22, 2023 Regular City Council Meeting.

Vote: 6 - 0 Motion carried

Other:

Council Member Dr. Jennifer Wilson (ABSENT)

Resolution - Lubbock Power & Light: Resolution No. 2023-R0373 adopting the Fiscal Year 2023-24 Delivery Service Tariff pursuant to §2.03.415(a) of the City of Lubbock Code of Ordinances.

Motion by Council Member Latrelle Joy, seconded by Council Member Christy Martinez-Garcia, to approve Resolution No. 2023-R0373.

Vote: 6 - 0 Motion carried

Other:

Council Member Dr. Jennifer Wilson (ABSENT)

2:52 P.M. CITY COUNCIL ADJOURNED

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

The July 25, 2023 Regular City Council Meeting minutes were approved by the City Council on the 22nd day of August, 2023.

____________________________________
TRAY PAYNE, MAYOR

ATTEST:

___________________________________
Courtney Paz, City Secretary