HomeMy WebLinkAboutMinutes - City Council - Regular - 10/24/2023CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
October 24, 2023
1:30 P. M.
The City Council of the City of Lubbock, Texas met in regular session on the 24th of October, 2023, in
City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas at 1:30 p.m.
1:30 P.M. CITY COUNCIL CONVENED
City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas
Present: 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
Absent: Tray Payne, Mayor
Note: Ciry Council addressed agenda items in the following order:
• Executive Session; 2.1-2. 2; Citizen Comments 3; 4.1; 5.1-5. 7; 5. 9-S. 24; 5. 8; and 6.1-6. 8.
•Item No. 6.4 failed.
1. Executive Session
The meeting recessed at 1:31 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 2:03 p.m.
1. 1. 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
Electric Utility Board, Permit & License Appeal Board, and the Planning & Zoning Commission.
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
Pastor Solomon Fields, St. John Baptist Church, led the invocation.
Regular City Council Meeting
October 24, 2023
2. 2. Pledges of Allegiance
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Pledges of Allegiance, to the United States and Texas Flags, were led by Council Member Steve
Massengale.
Call to Order
The meeting was called to order at 2:03 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 October 24, 2023. Citizen Comments provide an
opportunity for citizens to make comments and express a position on agenda items.
Sign ups:
• Joshua Shankles; and Dora Cortez, representing the North and East Lubbock
Coalition, appeared before City Council to speak in favor of item 6.5 (resolution creating a
citizen committee to study amortization and strategic downzoning in the City of Lubbock).
• Paulina Madrid appeared before City Council to speak in favor of item 6.4 (resolution
approving and granting a variance for an alcoholic beverage permit for Quince's Taco
Shack).
• Rick Rodriguez, chief operating officer for Lubbock Independent School District, appeared
before City Council to speak in opposition of item 6.4 (resolution approving and granting a
variance for an alcoholic beverage permit for Quince's Taco Shack).
4. Minutes
4. 1. August 23, 2023 Special City Council Meeting - Lubbock Economic Development Alliance
September 26, 2023 Regular City Council Meeting
Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Steve
Massengale, to approve the August 23, 2023 Special City Council Meeting - Lubbock
Economic Development Alliance minutes and the September 26, 2023 Regular City
Council Meeting minutes.
Vote: 6- 0 Motion carried
Other: Mayor Tray Payne (ABSENT)
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.
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October 24, 2023
Page 3 of 9
Motion by Council Member Mark W. McBrayer, seconded by Council Member Christy
Martinez-Garcia, to approve items 5.1-5.7 and 5.9-5.24.
Vote: 6- 0 Motion carried
Other: Mayor Tray Payne (ABSENT)
5. l. Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2023-00133,
Amendment 1, amending the FY 2023-24 Budget for municipal purposes respecting the Grant
Fund to accept and appropriate from the U.S. Department Federal Highway Administration;
providing for fling; and providing for a savings clause.
5. 2. Budget Ordinance Amendment lst 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. 2. 1. Ordinance lst 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. 3. Resolution - Business Development: Resolution No. 2023-R0512 approving a Downtown
Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to Housing Trust
Group Lubbock, LLC, located at 1202 Main Street, pursuant to Article IV, Section 5, of the
Amended and Restated Bylaws of the Market Lubbock Development Corporation.
5. 4. Resolution - Business Development: Resolution No. 2023-R0513 approving a Downtown
Grant Program (Permittable) expenditure of Market Lubbock, Inc. to be provided to Housing
Trust Group Lubbock, LLC, located at 1202 Main Street, pursuant to Article IV, Section 5, of
the Amended and Restated Bylaws of the Market Lubbock Development Corporation.
5. 5. Resolution - Business Development: Resolution No. 2023-R0514 authorizing a Commercial
Revitalization Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to
Weinerschnitzel, located at 301 University Avenue, pursuant to Article IV, Section 5, of the
Amended and Restated Bylaws of the Market Lubbock Development Corporation.
5. 6. Resolution - Business Development: Resolution No. 2023-RO515 authorizing a Commercial
Revitalization Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to
Hoff Gardens Apartments, located at 1919 34th Street, pursuant to Article 1V, Section 5, of the
Amended and Restated Bylaws of the Market Lubbock Development Corporation.
5. 7. Resolution - Business Development: Resolution No. 2023-R0516 authorizing a Commercial
Revitalization Grant Program (Permittable) expenditure of Market Lubbock, Inc., to be provided
to Hoff Gardens Apartments, located at 1919 34th Street, pursuant to Article IV, Section 5, of
the Amended and Restated Bylaws of the Market Lubbock Development Corporation.
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October 24, 2023
Page 4 of 9
5. 8. Resolution - Business Development: Resolution No. 2023-R0530 authorizing a Commercial
Revitalization Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to
Westminster Presbyterian Church, located at 3321 33rd Street, pursuant to Article IV, Section 5,
of the Amended and Restated Bylaws of the Market Lubbock Development Corporation.
Jarrett Atkinson, city manager, gave comments and answered yuestions from City Council.
Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Mark W.
McBrayer, to approve Resolution No. 2023-R0530.
Vote: 5- 1 Motion carried
NAY: Council Member Latrelle Joy
Other: Mayor Tray Payne (ABSENT)
5. 9. Resolution - Business Development: Resolution No. 2023-ROS l7 authorizing a Commercial
Revitalization Grant Program (Facade) expenditure of Market Lubbock, Inc., to be provided to
Dixie Partners II, LP, located at l 805 Parkway Drive, pursuant to Article IV, Section 5, of the
Amended and Restated Bylaws of the Market Lubbock Development Corporation.
5. 10. Resolution - Business Development: Resolution No. 2023-R0518 authorizing a Commercial
Revitalization Grant Program (Permittable) expenditure of Market Lubbock, Inc., to be provided
to Dixie Partners II, LP, located at 1805 Parkway Drive, pursuant to Article IV, Section 5, of the
Amended and Restated Bylaws of the Market Lubbock Development Corporation.
5. 11. Ordinance 2nd Reading - Right-of-Way: Ordinance No. 2023-00134, abandoning and
closing portions of street and alley right-of-way in Section AK, Block 38, Lubbock County,
Texas, in the West Milwaukee Ridge Subdivision, east of Upland Avenue between 37th Street
and the Lubbock & Western Railway tracks.
5. 12. Ordinance 2nd Reading - Right-of-Way: Ordinance No. 2023-00135, abandoning and
closing all remaining easements and right-of-way located in Block 130, Original Town of
Lubbock, Lubbock County, Texas, south of Broadway and north of 13th Street, and west of
Avenue L and east of Avenue M.
5. 13. Resolution - Engineering: Resolution No. 2023-R0519 authorizing the Mayor to execute
Professional Services Agreement Contract 17625, with Freese and Nichols, Inc., for engineering
design services as it relates to Upland Avenue from SOth Street to 66th Street.
5. 14. Resolution - Engineering: Resolution No. 2023-R0520 authorizing the Mayor to execute
Professional Services Contract 17669, with dredgeSMART, for professional design services of
the Terminal Storage Reservoir Improvements Project.
5. 15. Resolution - Engineering: Resolution No. 2023-R0521 authorizing the Mayor to
execute Professional Services Agreement Contract 17258, with Halff Associates, Inc., for
professionai services for watershed boundary and drainage studies.
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October 24, 2023
Page 5 of 9
5. 16. Resolution - Engineering: Resolution No. 2023-R0522 authorizing the Mayor to execute
Professional Services Agreement Contract 17620, with Parkhill, for engineer of record services
and project assistance, as it relates to the 34th Street Back-of-Curb Project.
5. 17. Resolution - Engineering: Resolution No. 2023-R0523 authorizing the Mayor to
execute Professional Services Agreement Contract 17636, with Halff Associates, Inc., for
engineering services for the reconstruction of Upland Avenue from l9th Street to 34th Street.
5. 18. Resolution - Public Works Water: Resolution No. 2023-R0524 authorizing the Mayor to
execute Contract 17410, with Rangeline Utility Services, Inc., for the installation of isolation
valves and vaults associated with Pump Station No. 4.
5. 19. Ordinance 2nd Reading - Building Safety: Ordinance No. 2023-00136, amending Article
2.03, Division 13, of the City of Lubbock Code of Ordinances, regarding the duties and
responsibilities of the Model Codes and Construction Advisory Board.
5. 20. Resolution - Public Health Services: Resolution No. 2023-R0525 ratifying the actions of the
Mayor in executing Human Services Commission (HHSC) Contract No. HHS000537900338,
and all related documents, under the Medicaid Administrative Claiming Program, by and
between the City of Lubbock and the State of Texas Health and Human Services Commission.
5. 21. Resolution - Public Health Services: Resolution No. 2023-R0526 authorizing the Mayor to
execute Contract 17450, and all related documents, with Stages of Recovery, Inc., for Substance
Use Treatment Provider Services.
5. 22. Resolution - Civic Centers: Resolution No. 2023-R0527 accepting, on behalf of the City of
Lubbock, a public art donation titled The Naiads, comprised of four sculptures by artist Glenna
Maxey Goodacr� from Civic Lubbock, Inc., for the City of Lubbock Public Art Collection.
5. 23. Resolution - Information Technology: Resolution No. 2023-R0528 authorizing the Mayor to
execute Purchase Order 33001792, with Microsoft Corporation, for the annual renewal of the
Enterprise Services Work Order Agreement, to provide technical assistance in maintaining
Microsoft products and applications.
5. 24. Resolution - Information Technology: Resolution No. 2023-R0529 authorizing the Mayor to
execute Purchase Order 32501090, with Dailey & Wells Communications, Inc., for the
scheduled replacement of portable radios for Public Safety.
6. Regular Agenda
6. 1. Board Appointments - City Secretary: Consider appointments to the Airport Board, Animal
Services Advisory Board, Citizens Traffc Commission, Health/Educational Facilities
Development Corporation Board, Lubbock Emergency Communications District Board of
Managers, Lubbock Economic Development Alliance, Inc. Board of Directors, Market Lubbock
Economic Development Corporation Board of Directors, Model Codes & Construction
Advisory Board, Museum & Art Standing Sub-Committee, Permit & License Appeal Board,
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October 24, 2023
Planning & Zoning Commission, and the Veterans Advisory Committee.
Page 6 of 9
Airport Board: Reappointment of Nancy Neal; and the appointment of Jim Gomez to replace
Sam Scheef.
Animal Services Advisory Board: Appointment of Zelda Cuevas to replace Raymond Cragar.
Citizens Traffic Commission: Appointment of Phyllis Gant-Gambles to replace Carlos Mireles.
Health/Educational Facilities Development Corporation Board: Reappointment of Roxana
Lopez.
Lubbock Emergency Communications District Board of Managers: Reappointment of
Robert Keinast.
Lubbock Economic Development Alliance, Inc. Board of Directors: Reappointment of
Sonny Garza and James Conwright; and the appointment of Dr. Lori Rice-Spearman to replace
Dr. John Opperman.
Market Lubbock Economic Development Corporation Board of Directors: Reappointment
of Sonny Garza; James Conwright; and Henry Patel; and the appointment of Dr. Lori Rice
Spearman to replace Dr. John Opperman.
Model Codes & Construction Advisory Board: Reappointment of Gary Ferguson; James
Jordan; and Glenn Davis; and the appointment of David Small to replace Alexander Dickey.
Museum & Art Standing Sub-Committee: Reappointment of Jouana Stravlo; and the
appointment of Dori Bosnyak to replace Danielle East.
Permit & License Appeal Board: Appointment of Jillian Nava to replace Jerry Morehead; and
the appointment of Tom Nichols to replace Patrick Kelly.
Planning & Zoning Commission: Reappointment of Terri Morris and Renee Cage; and the
appointment of Edwin Scott Gloyna to replace Aviraj Patel.
Veterans Advisory Committee: Appointment of Scott Anderson to replace Carrye Syma.
Motion by Council Member Mark W. McBrayer, seconded by Council Member Steve
Massengale, to appoint and reappoint the aforementioned citizens to the Airport Board,
Animal Services Advisory Board, Citizens Traffc Commission, Health/Educational
Facilities Development Corporation Board, Lubbock Emergency Communications District
Board of Managers, Lubbock Economic Development Alliance, Inc. Board of Directors,
Market Lubbock Economic Development Corporation Board of Directors, Model Codes &
Construction Advisory Board, Museum & Art Standing Sub-Committee, Permit & License
Appeal Board, Planning & Zoning Commission, and the Veterans Advisory Committee.
Vote: 6- 0 Motion carried
Other: Mayor Tray Payne (ABSENT)
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October 24, 2023
Page 7 of 9
6. 2. Board Appointments - City Secretary: Consider appointments to the Electric Utility Board.
Electric Utility Board: Reappointment of Dan Wilson; Lewis Harvill; Edwin "Butch" Davis;
Edwin Schulz; and So(omon Fields; and to appoint Dr. Craig Rhyne to replace Petra Gambles.
Motion by Council Member Mark W. McBrayer, seconded by Council Member Christy
Martinez-Garcia, to appoint and reappoint the aforementioned citizens to the Electric
Utility Board.
Vote: 6- 0 Motion carried
Other: Mayor Tray Payne (ABSENT)
6. 3. Resolution - Business Development: Resolution No. 2023-R0531 making findings that the
Cypress Ranch Public Improvement District (PID) meets the requirements of Chapter 372 of the
Texas Local Government Code; accepting the Cypress Ranch PID Petition, which covers a
portion of an area in the City of Lubbock, Lubbock County, Texas, generally bounded by the
Levelland Highway to the North, agricultural land to the East, railroad tracks to the South, and
Inler Avenue to the West; and calling for a public hearing to receive public comment on the
formation of a public improvement district in the area depicted and described.
Blu Kostelich, chief fnancial officer, gave a presentation and answered questions from City
Council. Wes Everett, with Betenbough Homes, gave comments and answered questions from
City Council.
Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Mark W.
McBrayer, to approve Resolution No. 2023-R0531.
Vote: 6- 0 Motion carried
Other: Mayor Tray Payne (ABSENT)
6. 4. Resolution - Planning: Consider a resolution approving and granting a variance from the
applicable 300-foot minimum distance provision of the City of Lubbock Code of Ordinances
No. 2009-00060, at 5001 Avenue Q, Suite A, for an alcoholic beverage permit for Quince's
Taco Shack.
This item failed.
Kristen Sager, director of planning, gave a presentation and answered questions from City
Council. Rick Rodriguez, chief operating officer for Lubbock Independent School District; Alice
Jimenez, principal at Hodges Elementary School; and Paulina Madrid, the proponent, gave
comments and answered questions from City Council.
Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Christy
Martinez-Garcia, to approve this item.
Regular City Council Meeting
October 24, 2023
Vote: 3 - 3 Failed
NAY: Mayor Pro Tem Shelia Patterson Harris
Council Member Latrelle Joy
Council Member Steve Massengale
Other: Mayor Tray Payne (ABSENT)
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6. 5. Resolution - City Council: Resolution No. 2023-R0532 creating a citizen committee to study
amortization and strategic downzoning in the City of Lubbock.
*Council Member Steve Massengale presided over this item.
Jarrett Atkinson, city manager, introduced the item, gave comments, and answered questions
from City Council. Council Member Latrelle Joy and Mayor Pro Tem Shelia Patterson Harris
gave comments and answered questions.
Motion by Council Member Latrelle Joy, seconded by Mayor Pro Tem Shelia Patterson
Harris, to approve Resolution No. 2023-R0532.
Vote: 6- 0 Motion carried
Other: Mayor Tray Payne (ABSENT)
6. 6. Resolution - Lubbock Power & Light: Resolution No. 2023-R0533 regarding the process
which will be fo(lowed for assigning customers to the entities previously selected to serve as the
Provider of Last Resort (POLR) in the Lubbock Power & Light (LP&L) certificated area upon
LP&L's entry into retail competition.
Clint Gardner. chief customer offcer for LP&L, gave comments and answered questions from
City Council.
Motion by Council Member Mark W. McBrayer, seconded by Council Member Latrelle
Joy, to approve Resolution No. 2023-R0533.
Vote: 6- 0 Motion carried
Other: Mayor Tray Payne (ABSENT)
6. 7. Resolution - Lubbock Power & Light: Resolution No. 2023-R0534 regarding the process
which will be followed for assigning customers to the entities previously selected to serve as the
Default Retail Electric Providers (DREP) in Lubbock Power & Light's (LP&L) certificated area
upon LP&L's entry into retail competition.
Clint Gardner, chief customer officer for LP&L, gave comments and answered questions from
City Council.
Regular City Council Meeting
October 24, 2023
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Motion by Council Member Mark W. McBrayer, seconded by Council Member Latrelle
Joy, to approve Resolution No. 2023-R0534.
Vote: 6- 0 Motion carried
Other: Mayor Tray Payne (ABSENT)
6. 8. Resolution - Lubbock Power & Light: Resolution No. 2023-R0535 determining that condition
#7 in the Customer Choice Resolution adopted by the City Council on February 22, 2022,
related to the sufficiency of the number of retail electric providers, including a sufficient number
of independent, unaffiliated retail electric providers within the Electric Reliability Council of
Texas market, has been satisfied, such that competitive customer choice can be adequately
provided to customers within the Lubbock Power & Light certificated service area.
Clint Gardner, chief customer officer for LP&L, gave comments and answered questions from
City Council.
Motion by Council Member Mark W. McBrayer, seconded by Council Member Latrelle
Joy, to approve Resolution No. 2023-R0535.
Vote: 6- 0 Motion carried
Other: Mayor Tray Payne (ABSENT)
3:07 P.M. CITY COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Pro Tem Shelia Patterson Harris
adjourned the meeting.
The October 24, 2023 Regular City Council Meeting minutes were approved by the City Council on the
14th day of November, 2023.
ATT ST:
Courtney Paz, City Secretary
TRA A , AYOR