HomeMy WebLinkAboutMinutes - City Council - Regular - 11/7/2023CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
November 7, 2023
1:00 P. M.
The City Council of the City of Lubbock, Texas met in regular session on the 7th of November, 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: Ciry Counci! addressed agenda items irr the follo��ing order:
• Executive Session; 2.1-2. 2; Citizen Comrnerrts 3; -1.1; �.1-5.17; and 6.1-6. 6.
I. 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. In Re: Aqueous Film-Forming Foams Products Liability Litigation/ City of Camden, et
al., v. 3M Company
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.
1. 2. 1. Original Town Lubbock, Block 71, Lots 11-14
1. 3. 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
Lubbock Central Appraisal District Board of Directors.
Regular City Council Meeting
November 7, 2023
2:00 p.m. - City Council reconvenes in Open Session in City Council Chambers.
2. CeremonialItems
2. 1. Invocation
Pastor Mike Lewis, Bacon Heights Baptist Church, led the invocation.
2. 2. Pledges of Allegiance
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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 November 7, 2023. Citizen Comments provide an
opportunity for citizens to make comments and express a position on agenda items.
Sign ups:
•Adam Hernandez, chair of Lubbock Compact; and Anne Keel appeared before City
Council to speak in favor of item 5.16 (resolution to receive all papers received on
August 18, 2023, pertaining to a petition and proposed ordinance seeking amendment to
the City of Lubbock Code of Ordinances).
4. Minutes
4. 1. September 19, 2023 Special City Council Meeting - Electric Utility Board
October l0, 2023 Regular City Council Meeting
Motion by Council Member Christy Martinez-Garcia, seconded by Council Member
Steve Massengale, to approve the September 19, 2023 Special City Council Meeting -
Electric Utility Board minutes and the October 10, 2023 Regular City Council Meeting
minutes.
Vote: 7- 0 Motion carried
Regular City Council Meeting
November 7, 2023
Page 3 of 7
- 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 Latrelle Joy, seconded by Council Member Christy
Martinez-Garcia, to approve items 5.1-5.17.
Vote: 7- 0 Motion carried
5. 1. Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2023-00137,
Amendment 2, amending the FY 2023-24 Budget for municipal purposes respecting the
Engineering Fees; providing for filing; and providing for a savings clause.
5. 1. 1. Ordinance 2nd Reading - Engineering: Ordinance No. 2023-00138, amending the City of
Lubbock Code of Ordinances, Chapter 22, "UTILITIES" and Chapter 36, "STREETS,
SIDEWALKS, AND OTHER PUBLIC WAYS", and repealing certain inapplicable
provisions, in order to comply with the engineering review and construction inspection fee
requirements in House Bill 3492.
5. 2. Budget Ordinance Amendment lst Reading - Finance: Ordinance No. 2023-00139,
Amendment 3, Amending the FY 2023-24 Budget for municipal purposes respecting the
Grant Fund to accept and appropriate funding from the National Association of County and
City Health Officials; providing for fling; and providing for a savings clause.
5. 3. Resolution - Finance: Resolution No. 2023-R0536 authorizing all necessary acts by the
Mayor or his designee, to reallocate COVID relief funds received under the Coronavirus Aid,
Relief, and Economic Security (CARES) Act, Grant 3-048-018-045-2020, from hangar
re-roofing projects at the Lubbock Preston Smith International Airport ("LPSIA") to the
prepayment of LPSIA's portion of the 2014 General Obligation Refunding Bonds.
5. 4. Resolution - Business Development: Resolution No. 2023-R0537 calling a Public Hearing
for the Cypress Ranch Public Improvement District (PID) for December 5, 2023, at 2:00 p.m.
5. 5. Resolution - Risk Management: Resolution No. 2023-R0538 authorizing the Mayor to
execute, for and on behalf of the City of Lubbock, a Compromise Settlement Agreement and
Release of All Claims, in a pre-litigation claim involving a motor vehicle accident between a
City of Lubbock vehicle and Julian Molina.
5. 6. Ordinance lst Reading - Right-of-Way: Ordinance No. 2023-00140 abandoning and
closing portions of ailey right-of-way located in Section 15, Block A, Lubbock County,
Texas, in the rear of Lots 1 and 2, on the west side of I-27, and south of North Loop 289.
5. 7. Resolution - Engineering: Resolution No. 2023-R0539 authorizing the Mayor to execute
Public Works Contract 17586, with Deerwood Construction Inc., for the construction of the
Southeast Water System Expansion of the 98th Street Waterline.
Regular City Council Meeting
November 7, 2023
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5. 8. Resolution - Public Health Services: Resolution No. 2023-R0540 authorizing the Mayor to
execute, a Memorandum of Understanding, by and between the City of Lubbock, and
Plainview Serenity Center, Inc., regarding coordination with the City of Lubbock Health
Department, for providing substance abuse services and co-occurring mental health services.
5. 9. Resolution - Public Health Services: Resolution No. 2023-R0541 authorizing the Mayor to
execute, Amendment No. 1 to the Department of State Health Services Public Health
Emergency Preparedness (PHEP) Contract No. HHS001311200019, and all related
documents, by and between the City of Lubbock, and the State of Texas Department of State
Health Services (DSHS).
5. 10. Resolution - Aviation: Resolution No. 2023-R0542 authorizing the Mayor to
execute Purchase Order 25101644, with ADB Safegate Americas, LLC, for location and
directional lighted signs at Lubbock Preston Smith International Airport.
5. 11. Resolution - Human Resources: Resolution No. 2023-R0543 authorizing the Mayor to
execute Contract 17557, with University Medical Center Physicians, for medical services for
employees, retirees, and eligible dependents in the City's Health Care Plan.
5. 12. Resolution - Public Transit Services: Resolution No. 2023-R0544 authorizing the Mayor to
execute a Transportation Development Credit Agreement, TxDOT Project # TDC 2401 (OS),
with the Texas Department of Transportation (TxDOT).
5. 13. Resolution - Parks & Recreation: Resolution No. 2023-R0545 authorizing the Mayor to
execute the South Plains Association of Governments (SPAG) Grant Agreement, and all
related documents, with SPAG, related to funds passed through the U.S. Department of Health
and Human Services to the Texas Department on Aging and Disability Services for an Area
Agency on Aging Direct Purchase of Services Program, to provide meals and transportation
services for the City of Lubbock's Senior Center Meal Program.
5. 14. Resolutions - Fleet Services: Resolution No.'s 2023-R0546 and 2023-R0547 authorizing the
Mayor to execute Contract 17492 with Acme Auto Leasing, LLC, and Contract 17676 with
Enterprise Holdings, LLC, for the City's Vehicle Lease Program.
5. 15. Resolution - Information Technology: Resolution No. 2023-R0548 authorizing the Mayor
to execute Purchase Order 32501091, with Dana Safety Supply, Inc. for the installation
of emergency lighting and safety equipment on the Public Safety patrol vehicles.
5. 16. Resolution - City Secretary: Resolution No. 2023-R0549 to receive, from the City Secretary,
all papers received on August 18, 2023, pertaining to a petition and proposed ordinance
seeking amendment to the City of Lubbock Code of Ordinances, with regard to measures to
reduce enforcement of low-level marijuana offenses; a Certificate attesting to the number of
verified signatures on said petition; and setting the date of a public hearing for consideration ,
of such ordinance. �
Regular City Council Meeting
November 7, 2023
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5. 17. Resolution - City Manager: Resolution No. 2023-RO550 to suspend for forty-five (45) days,
the effective date proposed by West Texas Gas Utility, LLC, to increase rates under the Gas
Reliability Infrastructure Program (GRIP).
6. Regular Agenda
6. 1. Ordinance Single Reading - Finance: Ordinance No. 2023-00141 of the City of Lubbock,
Texas, authorizing the issuance and sale of City of Lubbock, Texas, Tax Notes, in one or
more series; levying a tax in payment thereof; and enacting other provisions relating to the
subject.
Blu Kostelich, chief financial officer, 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.
Motion by Council Member Steve Massengale, seconded by Council Member Latrelle
Joy, to approve Ordinance No. 2023-00141.
Vote: 7- 0 Motion carried
6. 2. Ordinance Single Reading - Lubbock Power & Light: Ordinance No. 2023-00142
providing for the issuance of City of Lubbock, Texas, Electric Light and Power System
Revenue Bonds; providing for the award of the sale thereof in accordance with specified
parameters; approving the official statement; approving execution of a purchase contract; and
enacting other provisions relating thereto.
Harvey Hall, chief fnancial officer for LP&L, 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.
Motion by Council Member Latrelle Joy, seconded by Council Member Christy
Martinez-Garcia, to approve Ordinance No. 2023-00142.
Vote: 7- 0 Motion carried
6. 3. Public Hearing - Lubbock Power & Light: Hold a public hearing in City Council Chambers
in Citizens Tower at 1314 Avenue K, to receive public input concerning amendments to the
following sections of the Code of Ordinances, City of Lubbock, Texas: (i) Chapter 2, Division
12, Section 2.03.413(a): concerning the qualification of inembers for the Electric Utility
Board; (ii) Chapter 2, Division 12, Section 2.03.415: concerning the description of the
position of Director of Electric Utilities; (iii) Chapter 2, Division 12, Section 2.03.417:
concerning requirements for the calculation and disbursement of funds from the general
reserve and the calculation of franchise fee equivalent and PILOT rates; and (iv) to make
minor wording changes to Chapter 2, Division 12, Sections 2.03.412-2.03.418. Following the
public hearing, the City Council may consider an ordinance adopting these amendments.
Public Hearing only.
Regular City Council Meeting
November 7, 2023
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Joel Ivy, director of electric utilities, gave comments and answered questions from City
Council.
Mayor Tray Payne read into the record the following statement: "The City Council will hold a
public hearing to consider the amendments to the Lubbock Code of Ordinances in regard
to amendments to the ordinance that governs LP&L. The public hearing is being conducted
pursuant to section 2.03418 of the Lubbock Code of Ordinances".
Mayor Payne opened the public hearing at 2:34 p.m.
No one appeared to speak in favor or opposition.
Mayor Payne closed the public hearing at 2:34 p.m.
6. 4. Ordinance - Lubbock Power & Light: Ordinance No. 2023-00143 amending Ordinance
Article 2.03, Division 12 of the City of Lubbock Code of Ordinances, with regard to
Amending the Membership and Qualifications of the Electric Utility Board Members;
Amending the Qualifications of the Director of Electric Utilities; Amending the Disbursement
of Electric Utility Funds from the General Reserve; Amending the Method of Amending
Article 2.03, Division 12; Providing for a Penalty; Providing a Savings Clause; and Providing
for Publication.
Joel Ivy, director of electric utilities, gave comments and answered questions from City
Council.
Motion by Council Member Mark W. McBrayer, seconded by Council Member Steve
Massengale, to approve Ordinance No. 2023-00143.
Vote: 7- 0 Motion carried
6. 5. Resolution - City Secretary: Resolution No. 2023-RO551 authorizing the City Council to
cast votes for candidates to the Lubbock Central Appraisal District Board of Directors.
Motion by Council Member Steve Massengale, seconded by Council Member Christy
Martinez-Garcia, to approve Resolution No. 2023-RO551, casting the City of Lubbock's
1,016 votes for the five candidates as follows, thereby distributing the votes as evenly as
possible, with 204 votes for Sonny Garza; 203 votes for Brady Goen; 203 votes for Greg
Jones; 203 votes for Bobby McQueen; and 203 votes for Noe Reynolds.
Vote: 7- 0 Motion carried
6. 6. Resolution - City Council: Resolution No. 2023-R0552, the appointment of inembers to
the citizen committee to study amortization and strategic downzoning in the City of Lubbock.
Jarrett Atkinson, city manager, gave the following nominations from City Council for the
appointment of inembers to the citizen committee to study amortization and strategic
downzoning in the City of Lubbock: Robert Wood, nominated by Mayor Payne; Thomas
Parker for District 1, nominated by Council Member Christy Martinez-Garcia; Mark Sanders
Regular City Council Meeting
November 7, 2023
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- for District 2, nominated by Mayor Pro Tem Shelia Patterson Harris; Don Richards for
District 3, nominated by Council Member Mark W. McBrayer; Gordon Wilkerson for District
4, nominated by Council Member Steve Massengale; Cole Shooter for District 5, nominated
by Council Member Dr. Jennifer Wilson; and Mary Crites for District 6, nominated by
Council Member Latrelle Joy.
Motion by Council Member Latrelle Joy, seconded by Council Member Mark W.
McBrayer, to approve Resolution No. 2023-R0552 appointing Robert Wood; Thomas
Parker; Mark Sanders; Don Richards; Gordon Wilkerson; Cole Shooter; and Mary Crites
to the citizen's committee to study amortization and strategic downzoning in the City of
Lubbock.
Vote: 7- 0 Motion carried
2:41 P.M. CITY COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Payne adjourned the meeting.
The November 7, 2023 Regular City Council Meeting minutes were approved by the City Council on the
Sth day of December, 2023.
A EST:
Courtney Paz, City Secretary
TRAY P , MAYOR