HomeMy WebLinkAboutMinutes - City Council - Regular - 9/26/2023CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
September 26, 2023
1:00 P. M.
The City Council of the City of Lubbock, Texas met in regular session on the 26th of September, 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; 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
Note: City Council addressed agenda items in the following order:
• Executive Sessiorr; 2.1-2. 2; Citizen Comments 3; 4.1; S. 7; S.1-S. 6; S. 8-S. 34; 6.1-6.2; and
6.3-6.18.
• Item No. 6. S failed.
1. 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 2:02 p.m.
1. 1. 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.
1. 1. 1. Parcel 74, a 19.246-acre Parcel Located in Section 31, Block AK, Lubbock County, Texas
1. 1. 2. Parce174-A, a 1.141-acre Parcel Located in Section 31, Block AK, Lubbock County, Texas
1. 1. 3. 98th Street — Alcove Avenue to Upland Avenue Road Bond Project
1. 1. 4. Erskine Street Capital Improvements Project
1. 2. 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.
Regular City Council Meeting
September 26, 2023 Page 2 of 18
1. 2. 1. Parcel 74, a 19.246-acre Parcel Located in Section 31, Block AK, Lubbock County, Texas
1. 2. 2. Parcel 74-A, a 1.141-acre Parcel Located in Section 31, Block AK, Lubbock County, Texas
1. 2. 3. 98th Street - Alcove Avenue to Upland Avenue Road Bond Project
1. 2. 4. Erskine Street Capital Improvements Project
1. 3. Hold an executive session in accordance with the Texas Government Code, Section 551.074, to
discuss personnel matters, the appointment, employment, evaluation or reassignment of the
fo(lowing:
1. 3. 1. City Attorney
1. 3. 2. City Manager
1. 3. 3. City Secretary
2:00 p.m. - City Council reconvenes in Open Session in City Council Chambers.
City Council reconvened at 2:00 p.m.
2. CeremonialItems
2. 1. Invocation
Reverend Johnny Perez, Church of the Blessed International, led the invocation.
2. 2. 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 2:02 p.m.
3. 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 September 26, 2023. Citizen Comments provide an
opportunity for citizens to make comments and express a position on agenda items.
Sign ups:
Regular City Council Meeting
September 26, 2023
Page 3 of 18
- • Mary Crites; Richard Murphy; Alastair Hamilton; Holle Humphries; Roger Settler; and
Stephen Faulk appeared to speak on item 6.17 (Proposed amendments to the United
Development Code).
• Josh Shankles appeared to speak in opposition of item 6.17 (Proposed amendments to the
United Development Code).
4. Minutes
4. 1. August 22, 2023 Regular City Council Meeting
Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Steve
Massengale, to approve the August 22, 2023 Regular City Council Meeting minutes.
Vote: 7- 0 Motion carried
5. 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 Council Member Christy
Martinez-Garcia, to approve items 5.1-5.6 and 5.8-5.34.
Vote: 7- 0 Motion carried
5. 1. Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2023-00110,
Amendment 31, Amending the FY 2022-23 Budget for municipal purposes respecting the Grant
Fund to accept and appropriate funding from the Texas Health and Human Services
Commission; providing for filing; and providing for a savings clause.
5. 2. Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2023-00 1 1 1,
Amendment 33, amending the FY 2022-23 Budget for municipal purposes respecting the Civic
Centers Fund; providing for fling; and providing for a savings clause.
5. 3. Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2023-00112,
Amendment 36, amending the FY 2022-23 Budget for municipal purposes respecting the Grant
Fund to accept and appropriate funding from the Federal Transit Administration; providing for
fling; and providing for a savings clause.
5. 3. 1. Resolution - Public Transit Services: Resolution No. 2023-R0457 authorizing the Chief
Financial Ofiicer of the City of Lubbock to execute a Federal Transit Administration Section FY
2021 Section 5339(a) Grant, Project ID TX-2023-096-00, to be used for the purchase of ADA
paratransit replacement vans.
5. 4. Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2023-00113,
Amendment 37, Amending the FY 2022-23 Budget for municipal purposes respecting the Parks
Capital Project Fund; providing for filing; and providing for a savings clause.
Regular City Council Meeting
September 26, 2023
Page 4 of 18
5. 5. Budget Ordinance Amendment lst Reading - Finance: Ordinance No. 2023-00118,
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.
5. 6. Resolution - Finance: Resolution No. 2023-R0458 releasing the lien on 4701 l21 st Street, Unit
#15, Vintage Township Lot 235, in the Vintage Township Public Improvement District.
5. 7. Resolution - Business Development: Resolution No. 2023-R0456 authorizing the Mayor to
execute a Memorandum of Understanding (MOU) between the Central Business District Tax
Increment Financing Zone (CBD TIF) Advisory Board and HTG Lubbock, LLC (HTG), for the
provision of funding a portion of the Inn Town Lofts development project at 1202 Main Street in
Downtown, Lubbock, Texas.
Jarrett Atkinson, city manager, gave a presentation and answered questions from City Council.
Justin Tuttle, with Housing Trust Group, LLC., gave comments and answered questions from
City Council.
Motion by Council Member Steve Massengale, seconded by Council Member Dr. Jennifer
Wilson, to approve Resolution No. 2023-R0456.
Vote: 7- 0 Motion carried
5. 8. Resolution - Right-of-Way: Resolution No. 2023-R0459 authorizing the Mayor to accept, for
and on behalf of the City of Lubbock, a Street Dedication Deed, a Drainage Easement, and a
Right-of Way-Deed, and all related documents, in connection with certain real property located
in Section 2, Block JS, Lubbock County, Texas, (Parcel 2), to be utilized for the Erskine Street
Roadway Project.
5. 9. Resolution - Right-of-Way: Resolution No. 2023-R0460 authorizing the Mayor to accept, for
and on behalf of the City of Lubbock, a Street Dedication Deed, a Drainage Easement, and a
Right-of Way-Deed, and all related documents, in connection with certain real property located
in Section 2, Block JS, Lubbock County, Texas (Parcel 7), to be utilized for the Erskine Street
Roadway Project.
5. 10. Resolution - Right-of-Way: Resolution No. 2023-R0461 authorizing the Mayor to execute a
Parking Lease Agreement, and all related documents, by and between the City of Lubbock and
Cast Iron Grill, for the use of parking spaces on City-owned property at 1801 Crickets Avenue.
5. 11. Resolution - Right-of-Way: Resolution No. 2023-R0462 authorizing the Mayor to accept, for
and on behalf of the City of Lubbock, a Street and Public Use Dedication Deed, and all related
documents, in connection with certain real property on the south side of 98th Street, east of
Alcove Avenue, located in the west portion of the north half of Section 23, Block AK, Lubbock
County, Texas, to be utilized for the 98th Street Roadway Project.
Regular City Council Meeting
September 26, 2023
Page 5 of 18
�- 5. 12. Resolution - Engineering: Resolution No. 2023-R0463 authorizing the Mayor to execute
Amendment No. 2 to Contract 15089, with Kimley-Horn and Associates Professional
Engineering, for bid and construction phase services associated with the 114th Street
Reconstruction Project, from Slide Road to Quaker Avenue.
5. 13. Resolution - Engineering: Resolution No. 2023-R0464 authorizing the Mayor to execute
Amendment No. 1 to Contract 17265, with Plummer Associates, Inc., for an additional year to
perform design services associated with the Reese Water Line Improvements Capital
Improvements Project.
5. 14. Resolution - Engineering: Resolution No. 2023-R0465 authorizing the Mayor to execute Public
Works Contract 17502, with Infrastructure Rehabilitation USA, Inc., for Sanitary Sewer
Manhole Rehabilitation.
5. 15. Resolution - Stormwater Compliance: Resolution No. 2023-R0466 authorizing the Mayor to
execute Service Contract 17428, with West Texas Services, Inc. dba Tom's Tree Place, for the
Day Estates Detention Basin Maintenance Agreement,
5. 16. Ordinance lst Reading - Wastewater Utility: Ordinance No. 2023-00119 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.
5. 17. Resolution - Wastewater Utility: Resolution No. 2023-R0467 authorizing the Mayor to
execute Contract 17504, with Massey Irrigation, for maintenance and repair of center pivot
systems at the Lubbock Land Application and the Hancock Land Application Sites.
5. 18. Ordinance 2nd Reading - Water Utilities: Ordinance No. 2023-00115 amending Article
22.03.091 of the Code of Ordinances of the City of Lubbock, by deleting Section 22.03.091(h),
which removes a special wholesale water rate for the Lubbock Reese Redevelopment Authority.
5. 19. Ordinance 2nd Reading - Water Utilities: Ordinance No. 2023-00114 amending Article 22.03
of the Code of Ordinances of the City of Lubbock, by adding Section 22.03.098, to provide a
definition of governmental agencies and subdivisions.
5. 20. Resolution - Water Utilities: Resolution No. 2023-R0468 authorizing the Mayor to execute an
Interlocal Wholesale Wastewater Contract with Lubbock Cooper Independent School District,
for continued wastewater services to its Woodrow Campus located outside the city limits.
5. 21. Resolution - Water Utilities: Resolution No. 2023-R0469 authorizing the Mayor to execute an
Interlocal Wholesale Water Sales Contract with the Lubbock Reese Redevelopment Authority,
to continue supplying potable water from the City's water system.
5. 22. Resolution - Facilities Management: Resolution No. 2023-R0470 authorizing the Mayor to
execute Contract 17489, with Kleen-Tech Services, LLC, for custodial services for various City
facilities.
Regular City Council Meeting
September 26, 2023
Page 6 of 18
5. 23. Resolution - Public Health Services: Resolution No. 2023-R0471 authorizing the Mayor to
execute Amendment No. 2 to the Department of State Health Services Contract No.
HHS001057600030 under the Health Disparities Program, by and between the City of Lubbock
and the State of Texas Department of State Hea(th Services (DSHS), and all related documents.
5. 24. Resolution - Aviation: Resolution No. 2023-R0472 authorizing the City Council to reject all
bids for the Roof Replacement on the Horton Hangar and Hangar 302 at Lubbock Preston Smith
International Airport.
5. 25. Resolution - Public Transit Services: Resolution No. 2023-R0473 authorizing the Mayor to
execute Purchase Order 27123389, with Creative Bus Sales, to purchase six Lone Star Promaster
paratransit vans.
5. 26. Resolution - Municipal Court: Resolution No. 2023-R0474 authorizing the Mayor to execute
an Interlocal Agreement with Lubbock County for Juvenile Case Manager Services to be
provided by Lubbock County, Texas.
5. 27. Resolution - Parks and Recreation: Resolution No. 2023-R0475 authorizing the Mayor to
execute Purchase Order 10026771, with The PlayWell Group, Inc., for picnic tables and gril(s to
be installed at multiple City parks.
5. 28. Resolution - Information Technology: Resolution No. 2023-R0476 authorizing the Mayor to
execute Purchase Order 33001768, with Mythics, Inc, for a two-year renewal of Oracle
software licenses, maintenance support for JD Edwards Enterprise One, and One View
Reporting applications, for the City's fnancial management systems.
5. 29. Resolutions - Fleet Services: Resolution No.'s 2023-R0477, 2023-R0478, 2023-R0479, and
2023-R0480 authorizing the Mayor to execute Contract 17594 with Williams Brake Tune &
Tire, LLC, Contract 17595 with Scott's Complete Car Care, Contract 17596 with Pinkerton's
Garage, and Contract 17510 with Carizma Car Care, LLC, for maintenance and repair of the
City's Light & Medium Duty Vehicles and Equipment.
5. 30. Resolution - Fleet Services: Resolution No. 2023-R0481 authorizing the Mayor to execute
Purchase Order 31076607, with Lake Country Chevrolet, Inc of Jasper, Texas, for the purchase
of fifteen (15) new Police SUV's.
5. 31. Resolution - Fleet Services: Reso(ution No. 2023-R0482 authorizing the Mayor to execute
Purchase Order 31076524, with Frontier podge Chrysler Jeep Ram of Lubbock, Texas, for the
purchase of two Mid-Size SUVs and one Compact SUV for various City Departments.
5. 32. Resolution - Police: Resolution No. 2023-R0483 authorizing the Mayor to execute a Local
Administrative Agreement between the constituent agencies of the Lubbock Metropolitan
Special Crimes Unit.
Regular Ciry Council Meeting
September 26, 2023
Page 7 of 18
- 5. 33. Resolution - City Manager: Resolution No. 2023-R0484 confirming the appointment of
Gregory Rushin, as Interim Police Chief of the City of Lubbock, by the City Manager, Jarrett
Atkinson.
Jarrett Atkinson, city manager, gave comments and answered questions from City Council.
5. 34. Resolution - City Manager: Resolution No. 2023-R0485 ratifying the actions of the City
Manager in executing an agreement with Strategic Government Resources (SGR), for Interim
Police Chief services.
6. Regular Agenda
6. 1. Board Appointments - City Secretary: Consider appointments to the Upland Crossing Public
Improvement District Advisory Board.
Motion by Council Member Latrelle Joy, seconded by Council Member Mark W.
McBrayer, to appoint Tonya Jernberg to the Upland Crossing Public Improvement District
Advisory Board.
Vote: 7- 0 Motion carried
6. 2. Board Appointments - City Secretary: Consider appointments to the Bell Farms Public
Improvement District (PID) Advisory Board.
Motion by Council Member Latrelle Joy, seconded by Council Member Mark W.
McBrayer, to appoint Jennifer Roseberry to the Bell Farms Public Improvement District
Advisory Board.
Vote: 7- 0 Motion carried
6. 3. Public Hearing - Planning (District 1): Ordinance No. 2023-00120, 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, and consider an ordinance.
Kristen Sager, director of planning, gave a presentation and answered question from City
Council. Roberta Beam, the proponent, gave comments and answered yuestions from City
Council.
Mayor Payne opened the public hearing at 2:49 p.m.
No one appeared to speak in favor or opposition.
Mayor Payne closed the public hearing at 2:50 p.m.
Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Dr.
Jennifer Wilson, to approve Ordinance No. 2023-00120.
Regular City Council Meeting
September 26, 2023
Vote: 7- 0 Motion carried
Page 8 of 18
6. 4. Public Hearing - Planning (District 1): Ordinance No. 2023-00121, 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 l, 2, and 3, and consider an ordinance.
Kristen Sager, director of planning, gave a presentation and answered question from City
Council.
Mayor Payne opened the public hearing at 2:55 p.m.
Heather Hollingsworth, the proponent, appeared to speak in favor.
No one appeared to speak in opposition.
Mayor Payne closed the public hearing at 2:59 p.m.
Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Mark
W. McBrayer, to approve Ordinance No. 2023-00121.
Vote: 7- 0 Motion carried
6. 5. Public Hearing - Planning (District 2): Consider a request for Zone Case 0769-A, a request of
Omni Sacred LLC, for a zone change from Single-Family District (R-1) to Two-Family District
(R-2), at 2523 69th Street, located south of 69th Street and east of Canton Avenue, Caprock
Addition, Lot l 153, and consider an ordinance.
This item failed.
Kristen Sager, director of planning, gave a presentation and answered question from City
Council.
Mayor Payne opened the public hearing at 3:02 p.m.
No one appeared to speak in favor or opposition.
Mayor Payne closed the public hearing at 3:02 p.m.
Motion by Council Member Latrelle Joy, seconded by Council Member Steve Massengale,
to approve this item.
Vote: 0 - 7 Failed
NAY: Mayor Tray Payne
Mayor Pro Tem Shelia Patterson Harris
Council Member Latrelle Joy
Regular City Council Meeting
September 26, 2023
Council Member Christy Martinez-Garcia
Council Member Steve Massengale
Council Member Mark W. McBrayer
Council Member Dr. Jennifer Wilson
Page 9 of 18
6. 6. Public Hearing - Planning (District 2): Ordinance No. 2023-00122, 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, and consider an ordinance.
Kristen Sager, director of planning, gave a presentation and answered question from City
Council.
Mayor Payne opened the public hearing at 3:05 p.m.
No one appeared to speak in favor or opposition.
Mayor Payne closed the pub(ic hearing at 3:05 p.m.
Motion by Council Member Dr. Jennifer Wilson, seconded by Mayor Pro Tem Shelia
Patterson Harris, to approve Ordinance No. 2023-00122.
Vote: 7- 0 Motion carried
6. 7. Public Hearing - Planning (District 4): Ordinance No. 2023-00123, 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, and consider an ordinance.
Kristen Sager, director of planning, gave a presentation and answered question from City
Council.
Mayor Payne opened the public hearing at 3:08 p.m.
No one appeared to speak in favor or opposition.
Mayor Payne closed the public hearing at 3:08 p.m.
Motion by Council Member Steve Massengale, seconded by Council Member Christy
Martinez-Garcia, to approve Ordinance No. 2023-00123.
Vote: 7- 0 Motion carried
Regular City Council Meeting
September 26, 2023
Page 10 of 18
6. 8. Public Hearing - Planning (District 4): Ordinance No. 2023-00124, 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, and consider an ordinance.
Kristen Sager, director of planning, gave a presentation and answered question from City
Council.
Mayor Payne opened the public hearing at 3:11 p.m.
Terry Holeman, with Hugo Reed and Associates, appeared to speak in favor.
No one appeared to speak in opposition.
Mayor Payne closed the public hearing at 3:13 p.m.
Motion by Council Member Mark W. McBrayer, seconded by Council Member Steve
Massengale, to approve Ordinance No. 2023-00124.
Vote: 7- 0 Motion carried
6. 9. Public Hearing - Planning (District 4): Ordinance No. 2023-00125, 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, and consider an ordinance.
Kristen Sager, director of planning, gave a presentation and answered question from City
Council.
Mayor Payne opened the public hearing at 3:15 p.m.
Gabriel Sanchez, with SK Architecture Group, LLC, appeared to speak in favor.
No one appeared to speak in opposition.
Mayor Payne closed the public hearing at 3:16 p.m.
Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Steve
Massengale, to approve Ordinance No. 2023-00125.
Vote: 7- 0 Motion carried
,
Regular City Council Meeting
September 26, 2023
Page 11 of 18
6. 10. Public Hearing - Planning (District 5): Ordinance No. 2023-00126, 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) Specifc Use for Residential Estates to General Retail District
(C-3), at 7214 SOth Street, located north of SOth Street and east of Upland Avenue, on 5.151
acres of unplatted land out of Block AK, Section 38, and consider an ordinance.
Kcisten Sager, director of planning, gave a presentation and answered question from City
Council.
Mayor Payne opened the public hearing at 3:19 p.m.
No one appeared to speak in favor or opposition.
Mayor Payne closed the public hearing at 3:19 p.m.
Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Christy
Martinez-Garcia, to approve Ordinance No. 2023-00126.
Vote: 7- 0 Motion carried
6. 11. Public Hearing - Planning (District 5): Ordinance No. 2023-00127, 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, and consider an ordinance.
Kristen Sager, director of planning, gave a presentation and answered question from City
Council. Tyler Gentry, with Seventeen Services; Roy Lloyd; Patricia Castro; Kristen Sager,
director of planning; and Jarrett Atkinson, city manager, gave comments and answered questions
from City Council.
Mayor Payne opened the public hearing at 3:21 p.m.
Tyler Gentry, with Seventeen Services; and Gabriel Sanchez appeared to speak in favor.
Patricia Castro; and Roy Lloyd appeared to speak in opposition.
Mayor Payne closed the public hearing at 3:28 p.m.
Motion by Council Member Steve Massengale, seconded by Council Member Dr. Jennifer
Wilson, to approve Ordinance No. 2023-00127.
Vote: 5- 2 Motion carried
NAY: Mayor Pro Tem Shelia Patterson Harris
Council Member Latrelle Joy
Regular City Council Meeting
September 26, 2023
Page 12 of 18
6. 12. Public Hearing - Planning (District 5): Ordinance No. 2023-00128, 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, and consider an
ordinance.
Kristen Sager, director of planning, gave a presentation and answered question from City
Council.
Mayor Payne opened the public hearing at 3:51 p.m.
Wes Everett, with Betenbough Homes, appeared to speak in favor.
No one appeared to speak in opposition.
Mayor Payne closed the public hearing at 3:53 p.m.
Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Steve
Massengale, to approve Ordinance No. 2023-00128.
Vote: 7- 0 Motion carried
6. 13. Public Hearing - Planning (District 6): Ordinance No. 2023-00129, 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, and consider an ordinance.
Kristen Sager, director of planning, gave a presentation and answered question from City
Council.
Mayor Payne opened the public hearing at 3:56 p.m.
No one appeared to speak in favor or opposition.
Mayor Payne closed the public hearing at 3:56 p.m.
Motion by Council Member Latrelle Joy, seconded by Council Member Mark W.
McBrayer, to approve Ordinance No. 2023-00129.
Vote: 7- 0 Motion carried
Regular City Council Meeting
September 26, 2023
Page 13 of 18
- 6. 14. Public Hearing - Planning (District 6): Ordinance No. 2023-00130, 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, and
consider an ordinance.
Kristen Sager, director of planning, gave a presentation and answered question from City
Council. Kristen Sager, director of planning; and Chris Berry, with Betenbough Homes, gave
comments and answered questions.
Mayor Payne opened the public hearing at 4:00 p.m.
Robert Kennedy, with Delta Land Surveying; and Wendy Jones, with Red Yucca 806
Investments LLC, appeared to speak in favor.
No one appeared to speak in opposition.
Mayor Payne closed the public hearing at 4:03 p.m.
Motion by Council Member Mark W. McBrayer, seconded by Council Member Dr.
Jennifer Wilson, to approve Ordinance No. 2023-00130.
Vote: 7- 0 Motion carried
6. 15. Public Hearing - Planning (District 6): Ordinance No. 2023-00131, 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-lA) 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,
and consider an ordinance.
Kristen Sager, director of planning, gave a presentation and answered question from City
Council. Jason Nesloney, with Nesloney Homes; Gabriel Sanchez, with SK Architecture Group;
and Jarrett Atkinson, city manager, gave comments and answered questions from City Council.
Mayor Payne opened the public hearing at 4:27 p.m.
Jordan Wheatley, with 806 Land Group; Jason Nesloney, with Nesloney Homes; and Gabriel
Sanchez, with SK Architecture Group, appeared to speak in favor.
Robert Smith; and Cyndi Prattas appeared to speak in opposition.
Mayor Payne closed the public hearing at 4:36 p.m.
Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Steve
Massengale, to approve Ordinance No. 2023-00131.
Vote: 6- 1 Motion carried
Regular City Council Meeting
September 26, 2023
NAY: Council Member Latrelle Joy
Page 14 of 18
b. 16. Ordinance 2nd Reading - Planning: Ordinance No. 2023-00 1 1 7, for a request for annexation,
from the Lubbock Economic Development Alliance, Inc., to annex an area of approximately 411
acres, adjacent to the eastern city limits of the City of Lubbock, north of East 4th Street and east
of East Loop 289, into Lubbock's corporate limits.
Motion by Mayor Pro Tem Shelia Patterson Harris, seconded by Council Member Christy
Martinez-Garcia, to approve Ordinance No. 2023-00 1 1 7.
Vote: 7- 0 Motion carried
6. 17. Ordinance lst Reading - Planning:
A. Ordinance No. 2023-00132, 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
Unifed Development Code (Ordinance No. 2023-00054) recommended for adoption, limited to
the fol(owing:
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 Deve(opment 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 Classifcation);
and
10. Sections 39.02.00S.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)
B. Ordinance No. 2023-00132, 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. 2023-00054) recommended for denial, limited to
the following:
1. Tables 39.02.004.d-3; 39.02.004.e-3; and 39.03.009-1 (related to Parking Requirements);
2. City of Lubbock zoning policies regarding property with abandoned, industrial, or
nonconforming uses, and the zoning map for residential properties adjacent thereto;
3. Certain permitted uses in residential neighborhoods, limited to customary home
occupation, commercial vehicles, short-term rentals, and the equal distribution in the City
of group homes;
4. Designation of the U.N.1.T. Neighborhood (area bordered by University Avenue, 19th
Street, Indiana Avenue, and 34th Street) as R-1 on(y, with certain exceptions made for R-2;
5. Staff recommendation regarding Section 39.02.020.e.1.A.ii (Previously Existing
Regular City Council Meeting
September 26, 2023
Page 15 of 18
-. Accessory Dwelling Unit);
6. Section 39.10.002 (defnition of "Family"; regarding proposals to modify the allowable
number of unrelated persons constituting a Family);
7.1. Addition of Section 39.02.004.e(4)(A) (regarding a limitation of Vertical Mixed- Use
in Residential Neighborhoods);
7.2. Section 39.02.004.e(4) and Table 39.02.004.e-2 (reducing the maximum building
height for Vertical Mixed Use from 75 feet to 45 feet; allowing an increase by Specific Use)
Kristen Sager, director of planning, gave a presentation and answered questions from City
Council.
Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Dr.
Jennifer Wilson, to approve item 6.17(A)(1).
Vote: 7- 0 Motion carried
Motion by Council Member Steve Massengale, seconded by Council Member Dr. Jennifer
Wilson, to approve item 6.17(A)(2).
Vote: 7- 0 Motion carried
Motion by Council Member Steve Massengale, seconded by Council Member Christy
Martinez-Garcia, to approve item 6.17(A)(3).
Vote: 7- 0 Motion carried
Motion by Council Member Mark W. McBrayer, seconded by Council Member Christy
Martinez-Garcia, to approve item 6.17(A)(4).
Vote: 7- 0 Motion carried
Motion by Council Member Mark W. McBrayer, seconded by Council Member Latrelle
Joy, to approve item 6.17(A)(5).
Vote: 7- 0 Motion carried
Motion by Council Member Steve Massengale, seconded by Mayor Pro Tem Shelia
Patterson Harris, to approve item 6.17(A)(6).
Vote: 7- 0 Motion carried
Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Latrelle
Joy, to approve item 6.17(A)(7.1-7.5).
Vote: 7- 0 Motion carried
Motion by Council Member Mark W. McBrayer, seconded by Council Member Christy
Martinez-Garcia, to approve item 6.17(A)(8).
Regular City Council Meeting
September 26, 2023
Vote: 7- 0 Motion carried
Page 16 of 18
Motion by Mayor Pro Tem Shelia Patterson Harris, seconded by Council Member Dr.
Jennifer Wilson, to approve item 6.17(A)(9).
Vote: 7- 0 Motion carried
Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Steve
Massengale, to approve item 6.17(A)(10).
Vote: 6- 1 Motion carried
NAY: Council Member Latrelle Joy
Motion by Mayor Pro Tem Shelia Patterson Harris, seconded by Council Member Steve
Massengale, to approve item 6.17 (B)(1).
Vote: 3 - 4 Failed
NAY: Mayor Tray Payne
Council Member Christy Martinez-Garcia
Council Member Steve Massengale
Council Member Dr. Jennifer Wilson
Motion by Mayor Pro Tem Shelia Patterson Harris, seconded by Council Member Steve
Massengale, to approve item 6.17(B)(2).
Vote: 3 - 4 Failed
NAY: Mayor Tray Payne
Council Member Christy Martinez-Garcia
Council Member Steve Massengale
Council Member Dr. Jennifer Wilson
Motion by Council Member Latrelle Joy, seconded by Council Member Steve Massengale,
to approve item 6.17(B)(3).
Vote: 0 - 7 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
Council Member Dr. Jennifer Wilson
Regular City Council Meeting
September 26, 2023
Page 17 of 18
Motion by Council Member Latrelle Joy, seconded by Council Member Steve Massengale,
to approve item 6.17(B)(4).
Vote: 0 - 7 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
Council Member Dr. Jennifer Wilson
Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Mark W.
McBrayer, to approve item 6.17(B)(5).
Vote: 1 - 6 Failed
NAY: Mayor Tray Payne
Mayor Pro Tem Shelia Patterson Harris
Council Member Christy Martinez-Garcia
Council Member Steve Massengale
Council Member Mark W. McBrayer
Council Member Dr. Jennifer Wilson
Motion by Council Member Steve Massengale, seconded by Council Member Latrelle Joy,
to approve item 6.17(B)(6).
Vote: 0 - 7 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
Council Member Dr. Jennifer Wilson
Motion by Council Member Mark W. McBrayer, seconded by Council Member Steve
Massengale, to approve item 6.17(B)(7.1).
Vote: 3 - 4 Failed
NAY: Mayor Tray Payne
Regular City Council Meeting
September 26, 2023
Council Member Christy Martinez-Garcia
Council Member Steve Massengale
Council Member Dr. Jennifer Wilson
Page 18 of 18
Motion by Mayor Pro Tem Shelia Patterson Harris, seconded by Council Member Mark W.
McBrayer, to approve item 6.17(B)(7.2).
Vote: 3 - 4 Failed
NAY: Mayor Tray Payne
Council Member Christy Martinez-Garcia
Council Member Steve Massengale
Council Member Dr. Jennifer Wilson
6. 18. Resolution - Lubbock Power & Light: Resolution No. 2023-R0486 authorizing publication of
a Notice of Intention to issue Electric Light and Power System Revenue Bonds.
Harvey Hall, chief financial officer for LP&L, 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-R0486.
Vote: 7- 0 Motion carried
5:37 P.M. CITY COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Payne adjourned the meeting.
The September 26, 2023 Regular City Council Meeting minutes were approved by the City Council on the
24th day of October, 2023.
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TRA'� ��, MAYOR
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Courtney Paz, City Sec�4
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