HomeMy WebLinkAboutMinutes - City Council - Regular - 4/23/2024CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
Apri123, 2024
12:30 P. M.
The City Council of the City of Lubbock, Texas met in regular session on the 23rd of April, 2024, in
City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas at 12:30 p.m.
12:30 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, Counci( Member; W. Jarrett Atkinson, City
Manager; Courtney Paz, City Secretary; Mitchell Satterwhite, Interim City Attorney
Note: City Counci! addressed agenda items in the folloN�ing order:
• 1.1; Executive Session; 3.1-3.3; Citizen Comments �l; 5.1; 6.1-6.35; artd 7.1-7.12.
1. Hear and discuss presentations regarding the following and provide guidance to staff as
appropriate.
1. 1. Police Department Annual Report
Greg Rushin, interim police chief, gave a presentation on the 2023 Police Department Annual
Report and answered questions from City Council. Topics discussed included: current staffing
levels; mission statement and performance measures including crime rate, traffic safety, timely
service, and quality of service; communications center and department call activity; capital
improvement projects; technology projects; dispatch updates; new 10 hour work shifts;
significant efforts; and significant events. Nathan White, assistant chief of police, gave
comments and answered questions from City Council.
At the conclusion of the Work Session, the City Council recesses into Executive Session.
2. Executive Session
The meeting recessed at 1:24 p.m. and reconvened in Executive Session under the
provisions of Section 551, Texas Government Code. City Council reconvened in open
session at 2:20 p.m., and the meeting was called to order at 2:38 p.m.
Regular City Council Meeting
April 23, 2024
Page 2 of 13
2. 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.
2. 1. 1.
2. 1. 2.
2. 2.
2. 2. 1.
City of Lubbock Claim No. 23-C-004B
Chapter 552 of the Texas Government Code
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.
Chapter 43 of the Texas Local Government Code
2. 3. Hold an executive session in accordance with Texas Government Code, Section 551.087, to
discuss or deliberate regarding commercial or financial information that the governmental body
has received from a business prospect that the governmental body seeks to have locate, stay, or
expand in or near the territory of the governmental body and with which the governmental body
is conducting economic development negotiations; and to deliberate the offer of a financial or
other incentive to a business prospect described herein above.
2. 3. 1. Project Charger
2:20 p.m. - City Council reconvenes in Open Session in City Council Chambers.
3.
3. 1.
3. 2.
3. 3.
Ceremonial Items
Invocation
Pastor Joe Horger, Bible Missionary Church, led the invocation.
Pledges of Allegiance
Pledges of Allegiance, to the United States and Texas Flags, were led by Mayor Pro Tem Shelia
Patterson Harris.
Special Recognition Honoring Lubbock Fire Rescue Chief Shaun Fogerson for His Years of
Dedicated Service and Leadership
Mayor Tray Payne gave remarks recognizing and honoring Lubbock Fire Rescue Chief Shaun
Fogerson for his years of dedicated service and leadership. Jarrett Atkinson, city manager, gave
further remarks and presented Chief Fogerson with a City of Lubbock "Chief Shaun Fogerson"
street sign. Shaun Fogerson, fre chief, gave final remarks.
Regular City Council Meeting
Apri123, 2024
Call to Order
�
� The meeting was called to order at 2:38 p.m.
Page 3 of 13
4. 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 Apri123, 2024. Citizen Comments provide an
opportunity for citizens to make comments and express a position on agenda items.
No one appeared to speak.
5. Minutes
5. 1. February 28, 2024 Special City Council Meeting - Lubbock Economic Development Alliance
March 20, 2024 Special City Council Meeting - Ribbon-Cutting: LPD Headquarters
March 26, 2024 Regular City Council Meeting
Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Steve
Massengale, to approve the February 28, 2024 Special City Council Meeting - Lubbock
Economic Development Alliance minutes; the March 20, 2024 Special City Council
Meeting - Ribbon-Cutting: LPD Headquarters minutes; and the March 26, 2024 Regular
City Council Meeting minutes.
Vote: 7- 0 Motion carried
6. 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 Dr. Jennifer
Wilson, to approve items 6.1-6.35.
Vote: 7- 0 Motion carried
6. 1. Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2024-00054,
Amendment 21, amending the FY 2023-24 Budget for municipal purposes respecting the Radio
Shop and Information Techno(ogy Fund; providing for fling; and providing for a savings clause.
Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2024-00055,
6. 2. Amendment 22, amending the FY 2023-24 Budget for municipal purposes respecting the Parks
Capital Project Fund; providing for filing; and providing for a savings clause.
Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2024-00056,
6. 3. Amendment 24, amending the FY 2023-24 Budget for municipal purposes respecting the Waterl
Wastewater Operating Fund; providing for filing; and providing for a savings clause.
Regular City Council Meeting
April 23, 2024
Page 4 of 13
6. 4. Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2024-00057,
Amendment 25, amending the FY 2023-24 Budget for municipal purposes respecting the Public
Health Fees; providing for fling; and providing for a savings clause.
6. 5. Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2024-00058,
Amendment 27, amending the FY 2023-24 Budget for municipal purposes respecting the
Water/Wastewater Operating Fund and Water/Wastewater Capital Project Fund; providing for
filing; and providing for a savings clause.
6. 6. Budget Ordinance Amendment lst Reading - Finance: Ordinance No. 2024-00060,
Amendment 26, amending the FY 2023-24 Budget for municipal purposes respecting the Airport
Capital Project Fund and Customer Facility Charge (CFC) Fund; providing for fling; and
providing for a savings clause.
6. 7. Budget Ordinance Amendment lst Reading - Finance: Ordinance No. 2024-00061,
Amendment 28, amending the FY 2023-24 Budget for municipal purposes respecting the
General Fund and General Capital Projects Fund; providing for fling; and providing for a
savings clause.
6. 8. Resolutions - Finance: Resolution No. 2024-R0204 authorizing the Mayor to execute Contract
17914, with Berryhill Sewer Services, Inc., for chemical toilet rentals for various City
departments.
6. 9. Resolution - Risk Management: Resolution No. 2024-R0205 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 collision, by and between the City
of Lubbock and Matthew Flores.
6. 10. Ordinance 2nd Reading - Right-of-Way: Ordinance No. 2024-00059, abandoning and closing
portions of an alley right-of-way apron on the west side of Elgin Avenue, south of 138th Place,
located in Section 1, Block AK, Lubbock County, Texas.
6. 11. Resolution - Right-of-Way: Resolution No. 2024-R0206 authorizing the Mayor to accept, for
and on behalf of the City of Lubbock, one (1) street, public use, and right-of-way deed, and all
related documents, in connection with certain real property located in Section 39, Block AK, of
the GC & SF R.R. Co. Survey Lubbock County, Texas, on the west side of Upland Avenue,
between 34th Street and SOth Street.
6. 12. Resolution - Right-of-Way: Resolution No. 2024-R0207 authorizing the Mayor to accept, for
and on behalf of the City of Lubbock, one (1) street, public use, and right-of-way deed, and all
related documents, in connection with certain real property located in Section 34, Block AK, of
the GC R.R. Co. Survey, Lubbock County, Texas, on the west side of Upland Avenue, to be
utilized for the Upland Avenue Project.
Regular City Council Meeting
April 23, 2024
Page5ofl3
6. 13. Resolution - Right-of-Way: Resolution No. 2024-R0208 authorizing the Mayor to accept, for
� and on behalf of the City of Lubbock, one (1) street, public use, and right-of-way deed, and all
related documents, in connection with certain real property located in Section 35, Block AK, of
the GC & SF R.R. Co. Survey, Lubbock County, Texas, on the east side of Upland Avenue,
south of SOth Street.
6. 14. Resolution — Hight-of-Way: Resolution No. 2024-R0209 authorizing the Mayor to accept, for
and on behalf of the City of Lubbock, one (1) street, public use, and right-of-way deed in
connection with certain real property (Parcel 8) located in Section 39, Block AK, of the GC R.R.
Co. Survey, Lubbock County, Texas, to be utilized for the Upland Avenue Project and all related
documents.
6. 15. Resolution - Right-of-Way: Resolution No. 2024-R0210 authorizing the Mayor to accept, for
and on behalf of the City of Lubbock, one (1) street, public use, and right-of-way deed, and all
related documents, in connection with certain real property (Parcel9) located in Section 39,
Block AK, of the GC R.R. Co. Survey, Lubbock County, Texas, to be utilized for the Upland
Avenue Project, on the west side of Upland Avenue, south of 37th Street.
6. 16. Resolution - Planning: Resolution No. 2024-R021 l, pursuant to Chapter 42, Subchapter D, of
the Texas Local Government Code, releasing the area described as Property I.D. R46672 by the
Lubbock County Appraisal District, otherwise known as 12006 Highway 87, from the
Extra-Territorial Jurisdiction (ETJ) of the City of Lubbock.
6. 17. Resolution - Planning: Resolution No. 2024-R0212, pursuant to Chapter 42, Subchapter D, of
the Texas Local Government Code, releasing the area described as Property I.D. R310468 by the
Lubbock County Appraisal District, otherwise known as 3420 Woodrow Road, from the
Extra-Territorial Jurisdiction (ETJ) of the City of Lubbock.
6. 18. Resolution - Wastewater Utilities: Resolution No. 2024-R0213 authorizing the Mayor to
execute Contract 17939, with Chameleon Industries, Inc., for the purchase of Aluminum Sulfate
for the Northwest Water Reclamation Plant.
6. 19. Resolution - Public Works Streets: Resolution No. 2024-R0214 authorizing the Mayor to
execute Contract 17907, with West Texas Paving, Inc., for Mill and Relay at Various Locations
on Memphis Avenue, 98th Street, Avenue A, 82nd Street, and North Holly Avenue.
6. 20. Ordinance lst Reading - Traffic Operations: Ordinance No. 2024-00062 amending Section
20.05.103 of the City of Lubbock Code of Ordinances, with regard to the establishment of
school zones and speed limits.
6. 21. Resolution - Solid Waste Mangement: Resolution No. 2024-R0215 authorizing the Mayor to
execute Contract 18033, with Parkhill, for Miscellaneous Engineering Services related to
regulatory compliance for all Solid Waste Department facilities.
Regular City Council Meeting
April 23, 2024
Page 6 of 13
6. 22. Resolution - Public Health Services: Resolution No. 2024-R0216 authorizing the Mayor to
execute Sub-award Agreement 4134-2024-005, and all related documents, by and between the
City of Lubbock and the Institute for Intergovernmental Research, for the Reaching Rural 2023
Implementation Project.
6. 23. Resolution - Public Health Services: Resolution No. 2024-R0217 authorizing the Mayor to
execute Contract No. HHS001439500038, and all related documents, under the Center for
Health Emergency Preparedness and Response Grant Program, by and between the City of
Lubbock and the State of Texas, acting by and through its Department of State Health Services
to advance public health emergency preparedness.
6. 24. Resolution - Public Health Services: Resolution No. 2024-R0218 authorizing the Mayor to
execute Amendment No. 4 to the Department of State Health Services (DSHS) Contract No.
HHS001019500024, and all related documents, under the Vaccination Capacity Grant Program,
by and between the City of Lubbock and the State of Texas, acting by and through DSHS.
6. 25. Resolution - Community Development: Resolution No. 2024-R0219 authorizing the Mayor to
execute the Community Development Department 2024-2028 Consolidated Plan and 2024-2025
Annual Action Plan, to be submitted to the U.S. Department of Housing and Urban Development.
Jarrett Akinson, city manager, introduced the item, gave comments, and answered questions from
City Council. Karen Murfee, director of community development, gave comments and answered
questions from City Council.
6. 26. Resolution - Aviation: Resolution No. 2024-R0220, Memorandum of Understanding (MOU) by
and between the United States Department of Homeland Security, the United States Department
of Transportation, and the City of Lubbock, in connection with the Blue Light Campaign to
promote coordinated anti-human trafficking efforts at Lubbock Preston Smith International
Airport.
6. 27. Resolution - Public Transit Services: Resolution No. 2024-R0221 authorizing the Mayor to
execute a Second Amendment to the Ticket Reseller Agreement between the City of Lubbock
and FlixBus, Inc., for Greyhound operations services to be rendered by Citibus.
6. 28. Resolution - Public Transit Services: Resolution No. 2024-R0222 authorizing the Mayor to
execute a Third Amendment to the Ticket Reseller Agreement between the City of Lubbock and
F1ixBus, Inc., for Greyhound operations services to be rendered by Citibus.
6. 29. Resolution - Public Transit Services: Resolution No. 2024-R0223 authorizing the Mayor of
the City of Lubbock, or his designee, to execute a FY 2022 and FY 2023 Federal Transit
Administration Section 5310 Grant (TX-2024-038-00), to enhance the mobility of elderly
individuals and individuals with disabilities.
6. 30. Resolutions - Parks and Recreation: Resolution No.'s 2024-R0224 and
2024-R0225 authorizing the Mayor to execute Contract 17959, with Gorman Outdoor, Inc.,
for Group 6, Class D, and Contract 18037 with Incircle Management, Inc., for Group 7, Classes
C and E, for turf management and mowing.
Regular City Council Meeting
April 23, 2024
Page 7 of 13
6. 31. Resolution - Fleet: Resolution No.'s 2024-R0226 and 2024-R0227 authorizing the Mayor to
execute Purchase Order 31081473, with Grapevine Dodge Chrysler Jeep, for the purchase of
twenty-four sedans, and Purchase Order 31081403 with Dana Safety Supply, Inc., for purchase
and installation of up-ftting and lighting eyuipment for the vehicles, for the Lubbock Police
Department Special Operations.
6. 32. Resolution - Information Technology: Resolution No. 2024-R0228 authorizing the Mayor to
execute Purchase Order 33001840, with Dell Marketing LP, for the purchase of two Palo Alto
Networks appliances with Threat Prevention Subscription and Support.
6. 33. Resolution - Police: Resolution No. 2024-R0229 authorizing the Mayor to execute Purchase
Order 1027327, with Angel Armor, LLC, for the purchase of ballistic vests for the Lubbock
Police Department.
6. 34. Resolution - Lubbock Fire Rescue: Resolution No. 2024-R0230 authorizing the Mayor to
execute an inter-local license agreement between the City of Lubbock and South Plains College,
for the use of Lubbock Fire Rescue training facilities, for instruction of students seeking basic
fire suppression certifcation.
6. 35. Resolution - City Manager: Resolution No. 2024-R0231 ratifying and confirming the
appointment of Robert Keinast as Interim Fire Chief of the City of Lubbock.
7. Regular Agenda
7. 1. Soard Appointments: Consider appointments to the Community Development and Services
Board and to the Metropolitan Planning Organization's Transportation Policy Committee.
Community Development and Services Board: Appointment of Marcella Ford to replace
William Stubblefield.
Lubbock Metropolitan Planning Organization's Transportation Policy Committee:
Appointment of Tray Payne to replace Shelia Patterson Harris.
Motion by Mayor Pro Tem Shelia Patterson Harris, seconded by Council Member Christy
Martinez-Garcia, to appoint the aforementioned to the Community Development and
Services Board.
Vote: 7- 0 Motion carried
Motion by Mayor Pro Tem Shelia Patterson Harris, seconded by Council Member Steve
Massengale, to appoint the aforementioned to the Lubbock Metropolitan Planning
Organization's Transportation Policy Committee.
Vote: 6- 0 Motion carried
Other: Mayor Tray Payne (ABSTAIN)
Regular City Council Meeting
April 23, 2024
Page 8 of 13
7. 2. Resolution - Business Development: Resolution No. 2024-R0232 to adopt the proposed
Guidelines and Criteria for Industrial Tax Abatement Agreements, in accordance with the
Property Redevelopment and Tax Abatement Act.
Blu Kostelich, chief fnancial officer, gave a presentation and answered questions from City
Council.
Motion by Council Member Mark W. McBrayer, seconded by Council Member Latrelle
Joy, to approve Resolution No. 2024-R0232.
Vote: 7- 0 Motion carried
7. 3. Resolution - Business Development: Resolution No. 2024-R0233 to adopt the proposed
Guidelines and Criteria for Commercial Tax Abatement Agreements, in accordance with the
Property Redevelopment and Tax Abatement Act.
Blu Kostelich, chief financial officer, gave a presentation and answered questions from City
Council.
Motion by Council Member Mark W. McBrayer, seconded by Council Member Latrelle
Joy, to approve Resolution No. 2024-R0233.
Vote: 7- 0 Motion carried
7. 4. Public Hearing - Planning (District 1): Ordinance No. 2024-00063, for Zone Case 3499, a
request of Autrey Engineering, LLC for Alliance Credit Union, for a zone change from
Neighborhood Commercial District (NC) to Auto-Urban Commercial District (AC), at 2202 and
2206 34th Street, located north of 34th Street and west of Avenue V, Highland Park Addition,
Block 12, Lots 18, 19, and 20, and consider an ordinance.
Kristen Sager, director of planning, gave a presentation and answered questions from City
Council. Westin McCowen, with Autrey Engineering, LLC, gave comments and answered
yuestions from City Council.
Mayor Payne opened the public hearing at 2:59 p.m.
Westin McCowen, with Autrey Engineering, LLC, appeared to speak in favor.
No one appeared to speak in opposition.
Mayor Payne closed the public hearing at 3:00 p.m.
Motion by Council Member Dr. Jennifer Wilson, seconded by Council Member Steve
Massengale, to approve Ordinance No. 2024-00063.
Vote: 7- 0 Motion carried
Regular City Council Meeting
April 23, 2024
Page 9 of 13
7. 5. Public Hearing - Planning (District 1): Ordinance No. 2024-00064, for Zone Case 3500, a
reyuest of Hugo Reed and Associates, Inc. for PLANT-AS-DNPS-003-1, LLC, for a zone
change from Low Density Single-Family District (SF-2) to Residential Estates District (RE), at
4901, 5002, 5004, and 5401 East Erskine Street, located southeast of East Highway 62, north
and south of East Erskine Street, and north of Acuff Road, on 693.3 acres of unplatted land out
of Block A, Sections 23 and 26, and consider an ordinance.
Kristen Sager, director of planning, gave a presentation and answered questions from City
Council. Terry Holeman, with Hugo Reed and Associates; and Troy Batham, with Plant AS,
gave comments and answered questions from City Council.
Mayor Payne opened the public hearing at 3:05 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 3:09 p.m.
Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Steve
Massengale, to approve Ordinance No. 2024-00064.
Vote: 6- 0 Motion carried
Other: Council Member Mark W. McBrayer (AWAY)
7. 6. Public Hearing - Planning (District 2): Ordinance No. 2024-00065, for Zone Case 0769-B, a
request of 3R & P Holdings, LLC, for a zone change from Low Density Single-Family District
(SF-2) to Heavy Commercial District (HC), at 1611 82nd Street, located south of 82nd Street and
west of Avenue P, on 3.053 acres of unplatted land out of Block E, Section 9, and consider an
ordinance.
Kristen Sager, director of planning, gave a presentation and answered questions from City
Council. Rohit Mittal, with 3R & P Holdings, LLC, gave comments and answered questions
from City Council.
Mayor Payne opened the public hearing at 3:27 p.m.
Rohit Mittal, with 3R & P Holdings, LLC, appeared to speak in favor.
No one appeared to speak in opposition.
Mayor Payne closed the public hearing at 3:29 p.m.
Motion by Council Member Steve Massengale, seconded by Council Member Christy
Martinez-Garcia, to approve Ordinance No. 2024-00065.
Vote: 6- 0 Motion carried
Regular City Council Meeting
April 23, 2024
Other: Council Member Mark W. McBrayer (AWAY)
Page 10 of 13
7. 7. Public Hearing - Planning (District 2): Ordinance No. 2024-00066, for Zone Case 3501, a
request of VIA Real Estate, LLC, for the Estate of Charles E. Prater, for a zone change from
Low Density Single-Family District (SF-2) to Heavy Commercial District (HC), at 11311
University Avenue, located east of University Avenue and north of 114th Street, on 7.145 acres
of unplatted land out of Block E, Section 10, 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 3:34 p.m.
J.T. Shelton, vice president of the development department for VIA Real Estate, LLC, appeared
to speak in favor.
No one appeared to speak in opposition.
Mayor Payne closed the public hearing at 3:35 p.m.
Motion by Council Member Dr. Jennifer Wilson, seconded by Mayor Pro Tem Shelia
Patterson Harris, to approve Ordinance No. 2024-00066.
Vote: 6- 0 Motion carried
Other: Council Member Mark W. McBrayer (AWAY)
7. 8. Public Hearing - Planning (District 6): Ordinance No. 2024-00067, for Zone Case 3181-C, a
request of Delta Land Surveying and Engineering for Juan Miguel Hernandez, for a zone change
from Office District (OF) to Neighborhood Commercial District (NC), generally located west of
North Frankford Avenue and south of Kemper Street, on 3.572 acres of unplatted land out of
Block JS, Section 7, 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 3:37 p.m.
Robert Kennedy, with Delta Land Surveying and Engineering, appeared to speak in favor.
No one appeared to speak in opposition.
Mayor Payne closed the public hearing at 3:38 p.m.
Motion by Council Member Latrelle Joy, seconded by Council Member Christy
Martinez-Garcia, to approve Ordinance No. 2024-00067.
Vote: 6- 0 Motion carried
Regular City Council Meeting
April 23, 2024
Other: Council Member Mark W. McBrayer (AWAY)
Page 11 of 13
7. 9. Public Hearing - Engineering: Hold a public hearing regarding a proposed update to the Impact
Fee Ordinance pursuant to City of Lubbock Ordinance 2020-00136, Section 41.06.003, and
Ordinance No. 2024-00068, amending the City of Lubbock Code of Ordinances, Chapter 41,
"IMPACT FEES," Article 41.01 to add a defnition and Article 41.05 to clarify a provision for
certain projects exempt from impact fees.
Mike Keenum, division director of engineering/city engineer, gave a presentation and answered
questions from City Council.
Mayor Payne opened the public hearing at 3:42 p.m.
No one appeared to speak in favor or opposition.
Mayor Payne closed the public hearing at 3:42 p.m.
Motion by Council Member Steve Massengale, seconded by Council Member Latrelle Joy,
to approve Ordinance No. 2024-00068.
Vote: 6- 0 Motion carried
Other: Council Member Mark W. McBrayer (AWAY)
7. 10. Resolution - Right-of-Way: Resolution No. 2024-R0234 authorizing the Condemnation of a
Property by Eminent Domain; Determining the public necessity for the project; Authorizing the
acquisition of real property rights necessary for the project; Authorizing all other acts to
complete condemnation proceedings; and establishing an effective date. Said properties being a
0.11-acre tract of land located in Section 39, Block AK, Lubbock County Texas, being a portion
of a called 2.72-acre tract described in County Clerk File Number 2018047791, Official Public
Records, Lubbock County, Texas, deeded to D&M Myers Trust, and being a 242 square foot
Temporary Construction Easement located in Section 39, Block AK, Lubbock County Texas,
being a portion of a called 2.72-acre tract described in County Clerk File Number 2018047791,
Official Public Records, Lubbock County, Texas, deeded to D&M Myers Trust, and being a
0.21-acre tract of land located in Section 38, Block AK, Lubbock County Texas, being a portion
of a called 41.291-acre tract described in County Clerk File Number 2018010270 Official Public
Records, Lubbock County, Texas, deeded to Pat Murden, and being a 0.07-acre tract of land
located in Section 38, Block AK, Lubbock County Texas, being a portion of a called 41.291-acre
tract described in County Clerk File Number 2018010270 Official Pub(ic Records, Lubbock
County, Texas, deeded to Pat Murden.
Motion by Council Member Latrelle Joy, seconded by Mayor Pro Tem Shelia Patterson
Harris, to approve Resolution No. 2024-R0234, that the City of Lubbock, Texas authorize
the use of the power of eminent domain to acquire the following four interests of land from
two parcels as follows:
(1) a 0.11 acre Fee Simple tract of land and a 242-square feet Temporary Construction
Regular City Council Meeting
April 23, 2024
Page 12 of 13
Easement out of a called 2.72 acres tract described in a Special Warranty Deed to D& M
Myers Trust, recorded in County Clerk File Number 2018047791, Official Public Records,
Lubbock County, Texas, situated in Section 39, Block AK, of the GC & SF R.R. Co.
Survey, Lubbock, Texas, and is located at 3602 Upland Avenue (West of Upland Avenue);
and
(2) a 0.21 acre Fee Simple and a 0.07 Fee Simple tracts out of the reaminder of a called
41.291 acre tract described in a Transfer on Death Deed to Murden, Pat recorded in County
Clerk File Number 2018010270, Official Public Records, Lubbock County, Texas, situated
in Section 38, Block AK, of the GC & SF RR Co. Survey, Lubbock County Texas, and is
located at 7022 SOth Street (abutting SOth Street and Upland Avenue).
The described four interests in the two parcels of land are for the purposes of laying out,
opening, constructing, reconstructing, maintaining, widening, extending, and operating
Erskine Street in Lubbock County, Texas, including any public utilities or drainage
improvements necessary."
Vote: 6- 0 Motion carried
Other: Council Member Mark W. McBrayer (AWAY)
7. 11. Resolution - Right of Way: Resolution No. 2024-R0235 authorizing Condemnation of Property
by Eminent Domain; Determining the Public Necessity for the Project; Authorizing the
Acquisition of Real Property Rights Necessary for the Project; Authorizing All Other Acts to
Complete Condemnation Proceedings; and Establishing an Effective Date. Said property being a
0.8215-acre parcel, located in Section 2, Block JS, Lubbock County, Texas, being portions of a
27.42-acre tract described in the Official Public Records, Lubbock County, Texas as Milwaukee
Four North South, Instrument 1992-14768, Volume 4188, Page l 74.
Motion by Council Member Latrelle Joy, seconded by Mayor Pro Tem Shelia Patterson
Harris, to approve Resolution No. 2024-R0235, that the City of Lubbock, Texas authorize
the use of the power of eminent domain to acquire a 0.8215-acre Fee Simple parcel located
in the Southwest Quarter (SW/4) of Section 2, Block JS, Lubbock County, Texas, being a
portion of that certain 27.422-acre tract conveyed to The Plains National Bank of Lubbock,
described as Exhibit "B" in Sheriffs Deed as recorded in Volume 3768, Page 321, Official
Real Property Records of Lubbock County, Texas and pursuant to Corrected Sheriffs Deed,
recorded in Vol. 4188, Pg. 174 and is located at 6230 4th Street (abutting 4th Street and
Milwaukee Avenue) for the purposes of laying out, opening, constructing, reconstructing,
maintaining, widening, extending, and operating Milwaukee Avenue in Lubbock County,
Texas, including any public utilities or drainage improvements necessary.
Vote: 6- 0 Motion carried
Other: Council Member Mark W. McBrayer (AWAY)
Regular City Council Meeting
April 23, 2024
Page 13 of 13
7. 12. Board Appointment - City Council: Appoint membership to the Ad Hoc Committee on
sanitary sewer lateral lines, per Resolution No. 2024-R0203.
Mitchell Satterwhite, interim city attorney, gave comments and answered questions from City
Council.
The City Council declared the following appointments to the Ad Hoc Committee per Resolution
No. 2024-R0203: Appointment of Jeff Reese, with Bruce Thornton Air Conditioning, in the
Mayoral representative position, and to serve as the chairperson of the committee; Jaime De La
Cruz, architect, in the District 1 representative position; Drew Landry, in the District 2
representative position; Justin Backus, with Location Rentals, in the District 4 representative
position; Dale Hansard, with Caprock Credit Union, in the District 5 representative
position; Matt Hadley, in the District 6 representative position; Randy Lopez, with H.D.
Weaver, in a registered plumber position; Erick Kurt, with Blu Sky Plumbing, in a registered
plumber position; Mark Branscome, with Lowery Plumbing, in a registered plumber position;
and Joe Rushing, with Joe Rushing Plumbing, in a registered plumber position.
3:50 P.M. CITY COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Payne adjourned the meeting.
The April 23, 2024 Regular City Council Meeting minutes were approved by the City Council on the 28th day
of May, 2024.
ATTEST:
Courtney Paz, City Secretary