HomeMy WebLinkAboutMinutes - City Council - Regular - 5/14/2024CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
May 14, 2024
2:00 P. M.
The City Council of the City of Lubbock, Texas met in regular session on the 14th of May, 2024, in City
Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas at 2:00 p.m.
2:00 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; Mitchell Satterwhite, Interim City Attorney
Note
1.
City Council addressed agenda items in the following order:
• Executive Session; 2.1-2. 2; 3.1-3. 2; Citizen Comments 4; 5.1; 6.1-6. 34; and 7.1-7. 6.
Executive Session
The meeting recessed at 2:01 p.m. and reconvened in Executive Session under the
provisions of Section 551, Texas Government Code. City Council reconvened in open
session at 2:36 p.m., and the meeting was called to order at 3:06 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.
1. 1. 2.
1. 2.
1. 2. 1.
1. 2. 2.
Original Town Lubbock, Block 71, Lots 11-14 & 18-19
Sections 4, 9, 11, 14, 18, 20, 21, and 24, Block S, Lubbock County, Texas
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.
Original Town Lubbock, Block 71, Lots 11-14 & 18-19
Sections 4, 9, 11, 14, 18, 20, 21, and 24, Block S, Lubbock County, Texas
Regular City Council Meeting
May 14, 2024
Page 2 of 10
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
following:
1. 3. 1. City Attorney
2:36 p.m. - City Council reconvenes in Work Session in City Council Chambers.
2. � Iear and discuss presentations regarding the following and provide guidance to staff as
appropriate.
2. 1. Recognition of the 2024 Graduates of Lubbock 101
Jarrett Atkinson, city manager, presented the Lubbock 101 Class of 2024 Graduation
Ceremony, thanked the various City of Lubbock departments that participated in the program,
and introduced the following graduates who were in attendance from the Class of 2024: Greg
Baier; Jeff Caperton; Mark Carter; Monique Garrett; David Hodges; Samuel Higgins;
Kathleen McCutchan; Julie McMahan; John Moncrief; Kristen Murray; Arthur Pare; Katie
Perkowski; Elizabeth Lara; Valerie Longoria; Santiago Ramirez; Mitch Ratliff; Danielle
Raven-Ward; Marie Rieger; Ruby Robinson; Teresa Rodriguez; Niels Thomas; Mario
Velasquez; Lindsay Wren. Martin Wells was unable to attend.
Brian Bearden, water utilities maintenance manager, presented awards to: Samuel
Higgins, 2nd place for the soccer ball challenge; Mario Velasquez, lst place for the soccer ball
challenge; and Arthur Pare, who won the drawing for the "Lubbock 101 " street sign for
perfect attendance.
2. 2. Recognition of Interim Police Chief Gregory W. Rushin
Mayor Tray Payne presented a special recognition to Interim Police Chief Gregory W. Rushin.
Chief Rushin gave final remarks.
3:04 p.m. - City Council continues in Open Session in City Council Chambers.
3. CeremonialItems
3. 1. Invocation
Executive Pastor Brian Brownlow, LakeRidge Methodist Church, led the invocation.
3. 2. Pledges of Allegiance
Pledges of Allegiance, to the United States and Texas Flags, were led by Mayor Pro Tem
Shelia Patterson Harris.
Regular City Council Meeting
May 14, 2024
Call to Order
The meeting was called to order at 3:06 p.in.
Page 3 of 10
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 3:00 p.m. on May 14, 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. March 19, 2024 Special City Council Meeting - Joint County Commissioner's Court
March 19, 2024 Special City Council Meeting - Electric Utility Board
Apri19, 2024 Regular City Council Meeting
Motion by Council Member Christy Martinez-Garcia, seconded by Council Member Dr.
Jennifer Wilson, to approve the March 19, 2024 Special City Council Meeting - Joint
County Commissioner's Court minutes; the March 19, 2024 Special City Council
Meeting - Electric Utility Board minutes; and the Apri19, 2024 Regular City Council
Meeting minutes.
Vote: 7- 0 Motion carried
6. Consent Agenda - Ytems 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 Mayor Pro Tem Shelia Patterson
Harris, to approve items 6.1-6.34.
Vote: 7- 0 Motion carried
6. 1. Budget Ordinance Amendment 2nd 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
filing; and providing for a savings clause.
6. 2. Budget Ordinance Amendment 2nd 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 filing; and providing for a
savings clause.
Regular City Council Meeting
May 14, 2024
Page 4 of 10
6. 3. Budget Ordinance Amendment lst Reading - Finance: Ordinance No. 2024-00069,
Amendment 23, amending the FY 2023-24 Budget for municipal purposes respecting the
General Facilities System Improvements Capital Project Fund; providing for filing; and
providing for a savings clause.
Jarrett Atkinson, city inanager; and Bill Howerton, deputy city manager, gave comments and
answered questions from City Council.
6. 4. Budget Ordinance Amendment lst Reading - Finance: Ordinance No. 2024-00070,
Amendment 29, amending the FY 2023-24 Budget for municipal purposes respecting the Park
Capital Project Fund; providing for filing; and providing for a savings clause.
Jarrett Atkinson, city inanager, gave comments and answered questions from City Council.
6. 5. Budget Ordinance Amendment lst Reading - Finance: Ordinance No. 2024-00071,
Amendment 30, amending the FY 2023-24 Budget for municipal purposes respecting the Lake
Alan Henry Operating Fund; providing for filing; and providing for a savings clause.
6. 6. Ordinance lst Reading - Right-of-Way: Ordinance No. 2024-00072 abandoning and
closing portions of an Alley Right-of-Way abutting, Block 11, Country Club Addition, an
addition to the City of Lubbock, Lubbock County, Texas, and located on the east side of
North Avenue Q, south of Itasca Street.
6. 7. Resolution - Right-of-Way: Resolution No. 2024-R0236 authorizing the Mayor to accept, for
and on behalf of the City of Lubbock, one (1) Street, Public Use, and Right-of-Way
Dedication Deed, and all related documents, for a 0.14-acre Right-of-Way in connection with
certain real property located in Section 38, Block AK, of the GC & SF R.R. Co. Survey,
Lubbock County, Texas, on the east side of Upland Avenue, south of 43rd Drive, to be utilized
for the Upland 34th Street to SOth Street Roadway Project.
6. 8. Resolution - Right-of-Way: Resolution No. 2024-R0237 authorizing the Mayor to accept, for
and on behalf of the City of Lubbock, one (1) Street, Public Use, and Right-of-Way
Dedication Deed, and all related documents, for a 0.02- acre Right-of-Way in connection with
certain real property located in Section 38, Block AK, of the GC & SF R.R. Co. Survey,
Lubbock County, Texas, on the east side of Upland Avenue, south of 43rd Drive, south of
Parcel 14, to be utilized for the Upland 34th Street to SOth Street Roadway Project.
6. 9. Resolution - Right-of-Way: Resolution No. 2024-R0238 authorizing the Mayor to accept, for
and on behalf of the City of Lubbock, one (1) Street, Use, and Right-of-Way Deed, and all
related documents, in connection with certain real property (Parcel2) located in Section 39,
Block AK, of the GC & SF R.R. Co. Survey, Lubbock County, Texas, on the west side of
Upland Avenue, north of 35th Street, to be utilized for the Upland Avenue Project.
Regular City Council Meeting
May 14, 2024
Page 5 of 10
6. 10. Resolution - Right-of-Way: Resolution No. 2024-R0239 authorizing the Mayor to accept, for
and on behalf of the City of Lubbock, one (1)Street, Use, and Right-of-Way Deed, and all
, related documents, in connection with certain real property (Parcel6) located in Section 39,
Block AK, of the GC & SF R.R. Co. Survey, Lubbock County, Texas, on the west side of
Upland Avenue, north of 37th Street, to be utilized for the Upland Avenue Project.
6. 11. Resolution - Right-of-Way: Resolution No. 2024-R0240 authorizing the Mayor to accept, for
and on behalf of the City of Lubbock, one (1) Street, Use, and Right-of-Way Deed, and all
related documents, in connection with certain real property (Parcel7) located in Section 39,
Block AK, of the GC & SF R.R. Co. Survey, Lubbock County, Texas, on the west side of
Upland Avenue, across from 37th Street, to be utilized for the Upland Avenue Project.
6. 12. Resolution - Right-of-Way: Resolution No. 2024-R0241 authorizing the Mayor to accept,
for and on behalf of the City of Lubbock, one (1) Street, Use, and Right-of-Way Deed, and all
related documents, in connection with certain real property (Parcel 1) located in the west half
(W/2) of Section 7, Block JS, Lubbock County Texas, on the east side of Milwaukee Avenue,
south of Marshall Street, and north of Kemper Street, to be utilized for the Milwaukee Avenue
Project.
6. 13. Resolution - Right-of-Way: Resolution No. 2024-R0242 authorizing the Mayor to execute a
Water Line Easement Agreement, and all related documents, by and between the City of
Lubbock and FADEV, LLC, for the Water Line Relocation Project on the north side of Loop
88 Right-of-Way, between Iola Avenue and Frankford Avenue.
6. 14. Resolution - Right-of-Way: Resolution No. 2024-R0243 authorizing the Mayor to execute a
Water Line Easement Agreement, and all related documents, by and between the City of
Lubbock and SWLLD, LLC, for the Water Line Relocation Project on the north side of Loop
88 Right-of-Way, between Iola Avenue and Frankford Avenue.
6. 15. Resolutions - Right-of-Way: Resolution No.'s 2024-R0244 and 2024-R0245 authorizing the
Mayor to execute a Water Line Easement Agreement, and accept a Water Line Easement
Deed, and all related documents, by and between the City of Lubbock and David and Sara
Giesbrecht, regarding the Water Line Relocation Project on the north side of the Loop 88
Right-of-Way, between Iola Avenue and Frankford Avenue.
6. 16. Ordinance 2nd Reading - Engineering: Ordinance No. 2024-00068, amending the City of
Lubbock Code of Ordinances, Chapter 41, "IMPACT FEES," Article 41.01 to add a definition
and Article 41.05 to clarify a provision for certain projects exempt from impact fees.
Jarrett Atkinson, city manager, gave comments and answered questions from City Council.
6. 17. Resolution - Engineering: Resolution No. 2024-R0246 authorizing the Mayor to execute
Contract 17968, with South Plains Electric Cooperative, Inc. for a Memorandum of
Understanding, to move and relocate utility poles in preparation for 146th Street, Quaker to
Indiana -22B Capital Improvements Project.
Regular City Council Meeting
May 14, 2024
Page 6 of 10
6. 18. Resolution - Engineering: Resolution No. 2024-R0247 authorizing the Mayor to execute
Public Works Contract 17996, with Rink's Lease Service, Inc., for Sewer Line Change Out at
Park Tower Apartment Complex, along Avenue P, 27th Street, and in the alley south of Park
Tower.
6. 19. Resolution - Facilities Management: Resolution No. 2024-R0248 authorizing the Mayor to
execute Amendment No. 1 to Contract 16482, with Henthorn Commercial Construction, LLC,
for services related to the construction of the Public Health Facility Renovation.
Jarrett Atkinson, city manager, gave comments and answered questions from City Council.
6. 20. Resolution - Public Works Wastewater Utilities: Resolution No. 2024-R0249 authorizing
the Mayor to execute Contract 17933, with Midwest Laboratories, for the analysis of soil
samples for the Lubbock Land Application Site and the Hancock Land Application Site.
6. 21. Resolution - Public Works Wastewater Utilities: Resolution No. 2024-R0250 authorizing
the Mayor to execute Contract 17891, with 2 C Cattle, LLC, for grazing of the Hancock Land
Application Site.
6. 22. Ordinance 2nd 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.
Jarrett Atkinson, city manager, gave comments and answered questions from City Council.
6. 23. Resolution - Aviation: Resolution No. 2024-R0251 authorizing the Mayor to execute
Amendment No. 17 to Contract 15200, with RS&H, Inc., for professional architectural and
engineering services for the Lubbock (LBB) 2nd Floor Renovations at Lubbock Preston
Smith International Airport.
6. 24. Resolution - Human Resources: Resolution No. 2024-R0252 authorizing the Mayor to
execute Contract 18103, a Professional Services Agreement, with Dr. Vanessa Coca-Lyle, for
providing psychological examinations for pre-employment and/or licensing purposes.
6. 25. Resolution - Police: Resolution No. 2024-R0253 authorizing the Mayor of the City of
Lubbock, and/or his designee, to execute a Memorandum of Understanding, and all related
documents, between the United States Deparhnent of Homeland Security, Homeland Security
Investigations (HSI) and the City of Lubbock on behalf of the Lubbock Police Department,
regarding the effective enforcement of the laws relating to HSI jurisdiction.
6. 26. Resolution - Police: Resolution No. 2024-R0254 authorizing the Mayor to execute Purchase
Order 10027427, with Tyler Technologies, for the purchase of eCitation Software and printers
for the Lubbock Police Department to issue parking citations and warnings. i
,J
Regular City Council Meeting
May 14, 2024
Page 7 of 10
6. 27. Resolution - Municipal Court: Resolution No. 2024-R0255 appointing one or more qualified
persons to serve as magistrates and temporary substitute judges in the City of Lubbock
Municipal Court of Record.
Jarrett Atkinson, city manager; and Jorge Hernandez, municipal court judge, gave comments
and answered questions from City Council.
6. 28. Resolution - City Manager: Resolution No. 2024-R0256 authorizing the Mayor to execute a
Real Estate Sales Contract between the City of Lubbock and 812 Texas Ave, LLC, for the sale
of property described as Lots Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Eighteen
(18), and Nineteen (19), Original Town of Lubbock, Block 71, located within Section 1,
Block O, Lubbock County, Texas, at 804, 806, and 820 Texas Avenue.
6. 29. Resolution - City Manager: Resolution No. 2024-R0257 appointing Neal Barron as Interim
Police Chief.
6. 30. Ordinance 2nd Reading - 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.
6. 31. Ordinance 2nd Reading - Planning (District 1): Ordinance No. 2024-00064, for Zone Case
3500, a request 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.
6. 32. Ordinance 2nd Reading - 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 froin Office District (OF) to Neighborhood Coinmercial 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.
6. 33. Ordinance 2nd Reading - 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 i leavy 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.
6. 34. Ordinance 2nd Reading - 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.
Regular City Council Meeting
May 14, 2024
7. Regular Agenda
Page 8 of 10
7. 1. Resolution - City Council: Resolution No. 2024-R0258 the appointment of Matt Wade to the
position of City Attorney for the City of Lubbock, and to authorize the Mayor to execute a
Severance Agreement between Matt Wade and the City of Lubbock.
Mayor Tray Payne introduced the item, gave comments, and answered questions from City
Council.
Motion by Council Member Steve Massengale, seconded by Council Member Christy
Martinez-Garcia, to approve Resolution No. 2024-R0258.
Vote: 7- 0 Motion carried
7. 2. Resolution - City Manager: Resolution No. 2024-R0259 to ratify and confrm the
appointment of Seth Herman as Police Chief for the City of Lubbock.
Jarrett Atkinson, city manager, gave comments and answered questions from City Council.
Motion by Council Member Mark W. McBrayer, seconded by Council Member Dr.
Jennifer Wilson, to approve Resolution No. 2024-R0259.
Vote: 7- 0 Motion carried
7. 3. Resolution - City Manager: Resolution No. 2024-R0260 a Binding Term Sheet for the
purchase of approximately 1,471 acres of real property located in Sections 4, 9, 11, 14, 18, 20,
21, and 24, Block S, Lubbock County, Texas, for the purpose of developing a future water
supply for the City of Lubbock.
Jarrett Atkinson, city manager, gave comments and answered questions from City Council.
Motion by Council Member Latrelle Joy, seconded by Council Member Christy
Martinez-Garcia, to approve Resolution No. 2024-R0260.
Vote: 7- 0 Motion carried
7. 4. Resolution - City Secretary: Resolution No. 2024-R0261 canvassing the returns and
declaring the result of the City of Lubbock Special Election held on May 4, 2024, pertaining
to a citizen-led proposition to adopt an ordinance.
Courtney Paz, city secretary, read the results received from the May 4, 2024 Special Election.
Votes for the proposition, 11,262; votes against the proposition, 20,563; total votes cast in the
Special Election, 31,825.
Motion by Council Member Mark W. McBrayer, seconded by Council Member Christy
Martinez-Garcia, to approve Resolution No. 2024-R0261.
Regular City Council Meeting
May 14, 2024 Page 9 of ] 0
Vote: 7- 0 Motion carried
7. 5. Resolution - City Secretary: Resolution No. 2024-R0262 canvassing the returns and
declaring the results of the City of Lubbock General Election held on May 4, 2024, and
ordering a Runoff Election.
Courtney Paz, city secretary, read the results received from the May 4, 2024 General Election.
Candidates for Mayor and votes received: Stephen J. Sanders, 2,200 votes; Steve Massengale,
8,739 votes; Adam Herandez, 6,315 votes; Kolton J Bacon, 312 votes; Mark McBrayer,
11,552 votes; and Antonio "Tony" Renteria, 1,810 votes. Total votes cast for Mayor:
30,928 votes. Candidates for District 2 and votes received: Michael Lestus Mitchell, 478
votes; Gordon Harris, 1,192 votes; and Anah Menjares, 1,088 votes. Total votes cast for
Council District 2: 2,758 votes. Brayden Rose was an unopposed candidate for Council
District 4, receiving 7,060 votes. Tim Collins was an unopposed candidate for Council District
6, receiving 3,336 votes. Jorge E. Hernandez was an unopposed candidate for municipal
judge, receiving 23,212 votes. The total votes cast in the election were 30,928.
Persons receiving majority votes, and therefore duly elected: Council District 4, Brayden
Rose; Council District 6, Tim Collins; and Municipal Court Judge, Jorge E. Hernandez. No
candidate received the majority vote for Mayor; therefore, a Runoff Election between Steve
Massengale and Mark McBrayer is required. No candidate received the majority vote for the
District 2 position; therefore, a Runoff Election between Gordon Harris and Anah Menjares is
required.
Motion by Council Member Latrelle Joy, seconded by Council Member Steve
Massengale, to approve Resolution No. 2024-R0262.
Vote: 7- 0 Motion carried
7. 6. Recognition of outgoing Councilmember Latrelle Joy
Mayor Tray Payne gave remarks recognizing outgoing Council Member Latrelle Joy and
presented Council Member Joy with a picture frame, a City of Lubbock "Latrelle Joy" street
sign, and a set of challenge coins. Council Member Latrelle Joy gave final remarks.
3:59 P.M. CITY COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Payne adjourned the meeting.
The May 14, 2024 Regular City Council Meeting minutes were approved by the City Council on the l lth day
of June, 2024.
Regular City Council Meeting
May 14, 2024
�1[�I'TEST:
Courtney Paz, City Secr ta
Pa�e 10 of 10
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