[00:00:02]
>> I WOULD LIKE TO SAY HELLO TO EVERYBODY HERE IN LUBBOCK, TEXAS, USA.
I'M GETTING SOME SMILES FROM THE AUDIENCE BECAUSE NOBODY'S USED TO SEEING MY FACE ON A CONSISTENT BASIS.
BUT CITY COUNCIL WILL HOLD AN EXECUTIVE SESSION TODAY FOR THE PURPOSE OF
[1. Executive Session]
CONSULTING WITH THE CITY STAFF REGARDING PERSONNEL MATTERS UNDER SECTION 551, THAT'S 074, THE TEXAS GOVERNMENT CODE.WE WILL RECESS TO EXECUTIVE SESSION. THANK YOU.
I WANT TO WELCOME YOU TO CITY COUNCIL MEETING TODAY BEING THE 24TH, I BELIEVE, OF OCTOBER 2022, ORDER TO BEGIN.
IF YOU WOULD JOIN ME IN STANDING AS WE ARE OFFERED PRAYER,
[1. Invocation]
BY PASTOR SOLOMON PHIL OF THE ST. JOHN THE BAPTIST CHURCH HERE IN LUBBOCK, WHICH COUNCILMAN SEAN MESSIGAL AS THE INVESTIGATOR WILL LEAD US IN THE PLEDGE OF THE FLAGS.>> LET US PRAY. DEAR HEAVENLY FATHER, WE THANK YOU FOR THIS DAY, THIS BEAUTIFUL DAY, THIS DAY OF COOL BREEZES AND COLORFUL LEAVES, SO MANY BLESSINGS YOU HAVE SHOWERED UPON US THAT WE REALLY DO NOT DESERVE.
THANK YOU LORD, FOR THE OPPORTUNITY TO SERVE.
THANK YOU, LORD, FOR THOSE THAT ARE CITY COUNCILMEN AND THOSE WHO ARE PART OF THE CITY STAFF IN THE CITY GOVERNMENT.
WE PRAY NOW THAT YOU WOULD JUST BLESS THEM, THAT THEY WOULD HAVE WISDOM AND KNOWLEDGE FOR THE DECISIONS THAT THEY MAKE, AND WE PRAY THAT YOU WOULD LEAVE THEM IN A SENSE OF RIGHTEOUSNESS AND BIBLICAL JUSTICE.
LORD, I KNOW THAT YOU CAN GIVE US WHAT WE NEED.
I KNOW THAT YOU ARE AN ALL SUFFICIENT GOD.
WE THANK YOU IN ADVANCE BECAUSE WE KNOW THAT EVERY GOOD GIFT AND EVERY PERFECT GIFT COMES FROM ABOVE.
PLEASE REMEMBER THOSE THAT ARE IN FOREIGN LANDS.
THOSE WHO ARE HELD AGAINST THEIR WILL, THOSE WHO ARE FIGHTING BATTLES, THOSE WHO ARE DYING ON THE BATTLEFIELD, REMEMBER THEM AND COMFORT THEIR FAMILIES AND FRIENDS.
THANK YOU LORD, FOR THE OPPORTUNITY JUST TO MINISTER TO THIS COUNCIL, PRAY, OH, GOD, THAT YOU WOULD JUST BE STORE UPON THEM WHATEVER THEY NEED IN THE INNER MAN AND IN THE OUTER MAN, SO THAT THEY CAN BRING YOUR WILL TO PASS, SO THAT THEY CAN BE A BLESSING TO YOUR PEOPLE, SO THAT THEY CAN SERVE THIS CITY WE CALL LUBBOCK, TEXAS.
WE THANK YOU FOR ALL YOUR MANY BLESSINGS AND WE ASK THESE PRAYERS IN THE PRECIOUS MAJESTY OF JESUS CHRIST. AMEN.
[2. Pledges of Allegiance]
[INAUDIBLE]>> THANK YOU. YOU MAY ALL BE SEATED.
THANK YOU, PASTOR PHIL, FOR BEING WITH US TODAY.
THANK YOU. I'M GOING TO GO AHEAD AND CALL CITY COUNCIL MEETING TO ORDER, AND THE FIRST ITEM THAT WE'LL ADDRESS ON OUR AGENDA, I BELIEVE IS OUR MINUTES FROM A PREVIOUS MEETING.
THOSE BE IN AUGUST. I'M GOING TO GO ON PAST WE CAN MOVE ON DOWN THE ROAD ON THIS.
[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. ]
WE'RE GOING TO TAKE UP OUR CITIZENS COMMENTS, FOR TODAY WE HAVE FOUR INDIVIDUALS WHO HAVE SIGNED UP THIS AFTERNOON AND SO I'LL GO AHEAD AND CALL THE FIRST ONE, MR. JOSHUA SHANKLES.IF YOU GUYS WOULD COME WHEN YOU'RE COMING, GIVE YOUR FULL NAME AND YOUR ADDRESS, PLEASE.
YOU'LL BE GIVEN 3 MINUTES, A 21/2 MINUTES WITH 30 SECONDS REMAINING, YOU'RE HERE BALE.
I PROMISE YOU SOMEBODY ELSE OVER THERE, IS DOING THAT, IT DOES MATTER AND SO FOR YOU TO BEGIN WRAPPING UP YOUR COMMENTS.
>> GOOD AFTERNOON COUNCIL, JOSHUA SHANKLES, 2604, 47TH STREET.
I'M SO PLEASED TO BE IN FRONT OF YOU TODAY TO SPEAK IN FAVOR OF ITEM 6.5 ON YOUR AGENDA TO CONSIDER
[00:05:01]
A CREATION OF A COMMITTEE TO LOOK AT AMORTIZATION AND DOWN ZONING.I WILL SPARE YOU FROM GOING THROUGH ALL THE MOTIONS OF THIS.
YOU'VE ALREADY HEARD OUR ARGUMENTS ON THIS MATTER.
WE WOULD HAVE A COUPLE OF RECOMMENDATIONS FOR THIS COUNCIL.
ONE IS THAT IF YOU SO CHOOSE TO FORM A COMMITTEE TO LOOK AT THIS, WE THINK THAT YOU SHOULD GIVE THIS A BROADER MANDATE, THEN YOU STATED IN YOUR AGENDA RIGHT NOW.
THIS ADVOCACY OVER THE TIME THAT WE'VE DONE IT HAS BEEN COMPRESSED INTO AMORTIZATION AND THEN THERE WAS THIS LAST MINUTE ROUND THAT WAS HAPHAZARD AND LOOKING AT SOME OTHER REMEDIES THAT HAD BEEN BROUGHT FORWARD BEFORE, BUT THEN SMASHED TOGETHER AND ALL OF THAT IS TO REALLY SAY THAT THERE ARE PROBABLY A BROAD SCOPE OF REMEDIES THAT WOULD COME INTO QUESTION WHEN WE'RE TALKING ABOUT RESOLVING HOW INDUSTRIAL ZONING HAS NEGATIVELY IMPACTED OUR COMMUNITY AND HOW WE MIGHT OVERTIME WORK OUR WAY OUT OF IT, AND AMORTIZATION IS JUST THE MOST EXTREME REMEDY THAT CITY CAN TAKE.
I WOULD REMIND EVERYBODY THAT SENATE BILL 929 THAT DEALS WITH THIS DOESN'T ACTUALLY PROHIBIT IMAGE TRANSLATION.
IT JUST BALANCES A CITY'S DESIRE TO DO IT AGAINST DIFFERENT OPTIONS THAT A PROPERTY OWNER MIGHT TAKE IN IT, AND IT DOES MAKE IT SO THAT A CITY WOULD WANT TO HAVE TO REALLY HAVE A GOOD ARGUMENT AND WANT TO DO IT AND THERE ARE CASES WITH THEM MIGHT BE THE CASE AND THAT'S THE ONLY THING THAT'S EVER BEEN ADVOCATED FOR HERE IN THE CREATION OF A POLICY LIKE THIS, IS THAT WE OUTLINE HOW WE MIGHT RESOLVE THIS OVER TIME AND THAT MIGHT INCLUDE A LOT OF DIFFERENT REMEDIES.
ALSO, THERE'S LOW-HANGING FRUIT HERE TO BEGIN TO RESOLVE THIS PROBLEM RIGHT NOW AND SOME OF THAT HAS ALREADY BEEN CONTEMPLATED, LIKE SOME DIFFERENT COMPREHENSIVE REZONING, THINGS THAT MIGHT ALLOW US TO TAKE SOME STEPS IMMEDIATELY.
ALSO, THERE ARE A NUMBER OF FUNDING MECHANISMS OUT THERE WHICH HAVE BEEN CONTEMPLATED LIKE GETTING OUR CITY MORE DEEPLY INVOLVED IN THE FEDERAL GOVERNMENT'S BROWNFIELDS PROGRAM.
THERE ARE OTHER ETA PROGRAMS, RIGHT NOW ORGANIZATIONS LIKE MY OWN ARE UNDERTAKING AIR QUALITY STUDIES THAT WE WOULD BE HAPPY TO HAVE THE CITY PARTNER WITH.
BUT THERE ARE OTHER WAYS THAT THE CITY COULD STEP UP ITS OWN OBSERVATION OF THIS ISSUE AND ENFORCEMENT MECHANISMS. THE OTHER THING THAT I WOULD RECOMMEND TO THIS COUNCIL IS A COURSE THAT WANT YOU TO CREATE A BOARD LIKE THIS, THAT SOME MEMBERS OF IT SHOULD RIGHTLY BE PEOPLE WHO HAD BEEN ADVOCATING ON THIS ISSUE FOR QUITE SOME TIME, AND I KNOW THAT THIS COUNCIL HAS A LOT OF PEOPLE TO SELECT FROM WHO HAVE STOOD BEFORE YOU AND ADVOCATED ON THIS ISSUE.
ONCE AGAIN, I WOULD COMMEND YOU AND THANK YOU FOR YOUR CONSIDERATION. HAVE A NICE DAY.
NEXT WE HAVE MS. DORA CORTES HERE TO SPEAK WITH US.
IF YOU WOULD MS. CORTEZ COME FOR GIVING US YOUR FULL NAME ADDRESS AND BEGIN AT THAT TIME HAVING YOUR JOURNEY TOWARDS.
>> GOOD AFTERNOON, MY NAME IS LAURA CORTEZ, I LIVE AT 217 NORTH AVENUE.
AND I REPRESENT NORTHERN EAST LOVER COALITION.
I AM HERE TO SPEAK ON RESOLUTION 65, WHICH I WAS VERY HAPPY TO SEE ON TODAY'S AGENDA, I WOULD LIKE TO SAY THAT ANYONE WHO YOU DECIDE TO PUT ON THIS COMMITTEE SHOULD BE AN INDIVIDUAL WHO IS A CHAMPION AND A VOICE FOR NORTH AND EAST SLAVIC, WHO WILL DEFEND, SUPPORT AND PROMOTE THE INTERESTS OF NORTH AND EAST SLAVIC.
SECONDLY, NORTH AND EAST SLAVIC COALITION AND OUR ATTORNEY, MYSELF AND NATALIE HEIRS.
NATALIE MILLER, WOULD BE MORE THAN HAPPY AT ANY TIME TO HAVE A SIT DOWN WITH ANY MEMBER OF THIS COUNCIL, ANY BOARD, ANY AGENCY.
WE HAVE SUGGESTIONS THAT WE HAVE RECOMMENDATIONS THAT WE WOULD BE GLAD TO SHARE WITH ANYONE WHO WOULD BE WILLING TO SIT DOWN WITH US AND LISTEN TO WHAT WE HAVE TO SAY BECAUSE WE HAVE BEEN DOING THIS FOR A LONG TIME.
NEXT WE HAVE MS. PAULINA MADRID.
IF YOU'LL COME FORWARD GIVE US YOUR NAME, ADDRESS, PLEASE.
>> YES. HI, MY NAME IS PAULINA MADRID AND I LIVE AT 17:04 77 STREET.
>> YES MADRID. IF YOU'LL BRING THAT, MICAH.
>>HI. MY NAME IS PAULINA MADRID AND I LIVE AT 17:04 77 STREET, AND TODAY I'M HERE BECAUSE INITIALLY I WAS TOLD THAT THE NAME TO MY BUSINESS WAS NOT APPROPRIATE SO I'VE COMPLETELY RE-BRANDED AND CHANGE THE NAME AND SO I WOULDN'T I WOULD REALLY APPRECIATE IF YOU GUYS WOULD CONSIDER 6.4 TODAY, AND THAT YOU WOULD GIVE ME A VOTE IN MY FAVOR FOR THE SEPARATION VARIANCE.
[00:10:02]
WE'VE ALSO REMOVED THE LATE HOURS.WE REMOVED THE NAME COMPLETELY FROM THE DOOR AND FROM THE SIGN, AND THAT'S EVERYTHING, AND IF YOU CAN SEE IN THE PICTURES.
WE ALSO HAVE SOME LETTERS THAT I HAVE GETTING THEM TO SCHOOL IN 2021, LETTING THEM KNOW WHAT OUR PLANS WERE THERE.
AND THEY WERE SPECIFICALLY GIVEN TO THE PRINCIPAL OF HODGES ELEMENTARY.
SO IF YOU GUYS NEED TO SEE THAT, BUT THAT'S EVERYTHING.
THANK YOU. YOU GUYS HAVE ANY QUESTIONS FOR ME?
>> NOT AT THIS TIME, MS. MADRID.
THIS IS CITIZEN COMMENTS, WE'RE NOT ALLOWED TO ACTUALLY HAVE CONVERSATION OR POST QUESTIONS.
>> LASTLY, WE HAVE RICK RODRIGUEZ.
MR. RODRIGUEZ IF YOU COME FORTH AND FOLLOW THE SAME PROTOCOL, NAME AND ADDRESS, PLEASE.
>> YES, MA'AM. THANK YOU SO MUCH.
ADDRESS IS 2522 KENT STREET, LUBBOCK, TEXAS 79415.
I SERVE AS THE CHIEF OPERATIONS OFFICER FOR THE LUBBOCK INDEPENDENT SCHOOL DISTRICT.
FIRST OF ALL, COUNCIL MEMBERS, I JUST WANTED TO TAKE A MINUTE, PERSONAL PRIVILEGE, AND JUST THANK YOU GUYS FOR YOUR SERVICE, FOR THIS GREAT CITY AND WORKING THROUGH THE CHALLENGING DISCUSSIONS THAT YOU HAVE ON BEHALF OF THE CITIZENS OF THIS GREAT CITY.
I'M HERE REPRESENTING THE DISTRICT IN ITS OPPOSITION OF AGENDA ITEM 6.4, WHICH IS A REQUEST FOR VARIANCE FROM THE APPLICABLE 300 FOOT MINIMUM DISTANCE PROVISION LISTED IN THE CITY'S ORDINANCE NUMBER 2009-O0060.
ONCE AGAIN, WE ARE HERE DRESSING THE COUNCIL AS WE HAVE IN THE PAST FOR THE SAME FACILITY ADDRESS.
HOWEVER, NOW IT'S UNDER A DIFFERENT NAME.
THE LARGEST OF OUR CONCERNS REMAINS THE SAME AND OUR POSITION HAS NOT CHANGED.
WE BELIEVE THAT THE PREVIOUS COUNCILS HAD VALID CONCERNS WHEN THEY CREATED THIS ORDINANCE TO ESTABLISH A SAFE BOUNDARY FOR CHILDREN, PARENTS AND STAFF OF SCHOOLS.
AS OUR STRONG BELIEF THAT BY ADDING THE COMPLEXITY OF SERVING ALCOHOL AT LOCATIONS SO CLOSE TO A SCHOOL IS A RECIPE FOR DISASTER.
A DISASTER THAT YOU CAN ELIMINATE BY NOT GRANTING THE VARIANCE THAT'S REQUESTED.
IN PREVIOUS MEETINGS, THE REQUESTERS INDICATED THAT SHE REACHED OUT TO THE PRINCIPAL IN REGARDS TO HER REQUEST, AND IT'S JUST SIMPLY NOT TRUE WHILE COMMUNICATION WAS SENT, THERE WAS NO REQUEST FOR A MEETING OR DISCUSSION BY THE APPLICANT, NOR HAS SHE REACHED OUT TO THE DISTRICT AS OF TODAY.
ALSO, THERE MAY BE A PERCEPTION THAT THE PREVIOUS NAME OF THE ESTABLISHMENT, TIPSY'S TACO SHACK, WAS THE MAJOR CONCERN OF THE DISTRICT.
I WANT TO CLARIFY, THE DISTRICT'S MAJOR CONCERN IS THE SELLING OF ALCOHOL IN AN ESTABLISHMENT THAT FALLS WITHIN THE 300 FOOT ORDINANCE.
THEN WHILE THE NAME OF THE ESTABLISHMENT FOR US, BECAUSE WE DIDN'T UNDERSTAND AND I'VE NOW LEARNED.
IT WAS TROUBLING, IT WAS NOT THE MAIN REASON FOR THE DISTRICT'S OPPOSITION FOR THE VARIANCE REQUEST.
WE PROVIDED TODAY FOR YOU A FOLDER WITH A FEW DOCUMENTS FOR YOUR CONSIDERATION AS YOU PREPARE TO MAKE YOUR BOAT KNOWN.
THOSE DOCUMENTS INCLUDE A LETTER FROM DR. KATHY ROLLO, SUPERINTENDENT OF LUBBOCK ISD, LETTERS FROM TEACHERS AND PARENTS FOR HODGES ELEMENTARY, WHICH IS THE SCHOOL THAT'S IMPACTED BY THIS REQUEST, AS WELL AS A LETTER FROM A PROGRAM THAT SERVES HODGES ELEMENTARY, THE YWCA.
PREVIOUS LETTERS ALREADY PROVIDED TO THE COUNCIL, THE LAST TIME THAT THE VARIANCE WAS REQUESTED AND AN OVERHEAD IMAGE OF THE LOCATION.
WE HAVE SCHOOL PRINCIPAL, MS. ALICE JIMENEZ THAT'S HERE TODAY, WHO HAS SERVED IN THE ROLE OF PRINCIPAL HODGES ELEMENTARY SINCE 2018.
LUBBOCK ISD BOARD OF TRUSTEES, BILL STUBBLEFIELD, WHO REPRESENTS THIS DISTRICT, HAD INTENDED ON BEING HERE, BUT HAS TO DEAL WITH SOME FUNERAL ARRANGEMENTS FOR A RECENT FAMILY MEMBER THAT PAST.
I WANT TO THANK YOU FOR YOUR TIME AND CONSIDERATION AND SUPPORTIVE, DENYING THE REQUEST OF THE VARIANCE AND THE ORDINANCE THAT PROTECTS OUR STAFF, STUDENTS, AND OUR KIDS. THANK YOU SO MUCH.
I DO BELIEVE THAT CONCLUDES ALL OF OUR CITIZENS COMMENTS.
WE'RE GOOD. NOW I WANT TO TAKE UP WHERE I LEFT OFF BEFORE, THINK I'M GOING TO BE CALLING FOR APPROVAL WITH REGARD TO THE MINUTES FOR OUR PREVIOUS MEETINGS,
[4. Minutes]
AUGUST 23RD OF THIS YEAR, LUBBOCK ECONOMIC DEVELOPMENT ALLIANCE AND SEPTEMBER THE 26TH OF 2023 REGULAR CITY COUNCIL MEETING.[BACKGROUND] WE HAVE A MOTION BY COUNCILWOMAN MARTINEZ-GARCIA, AND A SECOND BY COUNCILMAN MASSIN GAIL.
[00:15:02]
IS THERE ANY DISCUSSION ABOUT THE MEDIANS, ANY CORRECTIONS THAT NEED TO BE MADE? IF NONE, I'LL GO AHEAD WITH THE VOTE.ALL THOSE WHO ARE IN FAVOR OF APPROVING THE MINUTES, PLEASE VOTE BY SAYING AYE.
THANK YOU VERY MUCH, THEY'VE APPROVED.
THE COUNCIL WILL NOW TAKE UP THE CONSENT AGENDA.
[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.]
THE CONSENT AGENDA IS ITEMS 5.1 THROUGH 5.24.HOWEVER, WE ARE LOOKING TO SEPARATE ONE OF THE ITEMS, I BELIEVE THAT ITEM 5.8.
SINCE NO OTHER ITEMS WERE PULLED, I WOULD ENTERTAIN A MOTION FOR US TO GIVE CONSIDERATION TO ITEMS 5.1 THROUGH ITEM 5.24, WITH THE EXCEPTION OF 5.8.
THANK YOU, MR. GAIL AND MS. COUNCILWOMAN MARTINEZ-GARCIA.
ALL OF THOSE IN FAVOR OF ITEMS 5.1 THROUGH 5.24, WITH THE EXCEPTION OF 5.8, PLEASE VOTE BY SAYING AYE.
>> THOSE OPPOSED SAYING SIGN, IT PASSES ALREADY.
I'M GOING TO GO AHEAD AND CALL FOR US TO TAKE A LOOK AT ITEM 5.8,
[8. Resolution - Business Development: Consider a resolution 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. ]
WHICH IS THE RESOLUTION.MR. ATKINSON ARE YOU GOING TO TAKE THAT ONE?
>> THANK YOU, MADAM MAYOR. CERTAINLY CAN DO THAT OR YOU CAN TAKE A MOTION AND MOVE FORWARD ON THE ITEM, YOU'RE PLEASURE.
>> HOW ABOUT LET'S GO AHEAD AND I'LL TAKE A MOTION FOR APPROVAL OF THIS ITEM, AND WE'LL JUST GO AHEAD AND MOVE FORWARD BASED ON WHAT I'VE SEEN FROM A DICE.
IS THERE A MOTION TO APPROVE ITEM NUMBER 5.8? THANK YOU, DR. WILSON, FOR YOUR MOTION, MR. MCBRAYER FOR YOUR SECOND.
ALL THOSE IN FAVOR, PLEASE VOTE BY SAYING AYE.
>> THANK YOU. THAT MOVE US ON DOWN TO REGULAR AGENDA, AND I HOPE THIS DOESN'T GET TOO TRICKY FOR ME, BUT FORGOT TO HANDLE THIS.
THE FIRST ITEM ON THE REGULAR AGENDA IS
[1. Board Appointments - City Secretary: Consider appointments to the Airport Board, Animal Services Advisory Board, Citizens Traffic 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.]
6.1 AND IT IS IN RELATION TO OUR BOARD APPOINTMENTS.I'M GOING TO CALL ON MR. MCBRAYER, IF WE WERE TO MAKE A MOTION AND INDICATE THOSE RECOMMENDATIONS FOR THOSE BOARD APPOINTMENTS, AND WE'LL TAKE IT ALL AT THE END OF ONE SINGLE VOTE. MR. MCBRAYER.
>> MR. MCBRAYER, IF YOU DO ME A FAVOR AND POINT THERE YOU GO.
>> I CAN HEAR MYSELF JUST FINE.
>> YES, MADAM MAYOR, PRO TEM, I WANT TO MOVE THAT WE ACCEPT THESE FOLLOWING PERSONS FOR APPOINTMENT TO THE VARIOUS COMMISSIONS AND BOARDS OF THE CITY AS I NAMED THEM OFF FOR THE BOARD, WE ARE WANT TO REAPPOINT NANCY NEAL, AND WE ARE RECOMMENDING THE APPOINTMENT OF JIM GOMEZ FOR ANOTHER POSITION ON THAT BOARD.
FOR THE ANIMAL SERVICES ADVISORY BOARD, WE ARE RECOMMENDING THE APPOINTMENT OF ZELDA CUEVAS TO THAT BOARD, SHE'S REPLACING RAYMOND CRAGAR.
FOR THE CITIZENS AND TRAFFIC COMMISSION, WE ARE RECOMMENDING PHYLLIS GAMBLES FOR THAT BOARD TO REPLACE CARLOS MORALES WHO IS NO LONGER GOING TO BE SERVING.
FOR HEALTH EDUCATION FACILITIES DEPARTMENT CORPORATION, WE'RE RECOMMENDING THE REAPPOINTMENT OF ROSANNA LOPEZ.
FOR LUBBOCK EMERGENCY COMMUNICATIONS DISTRICT BOARD OF MANAGERS, WE'RE RECOMMENDING THE REAPPOINTMENT OF ROBERT KAINEST.
FOR THE LUBBOCK ECONOMIC DEVELOPMENT ALLIANCE BOARD OF DIRECTORS, WE'RE RECOMMENDING THE REAPPOINTMENT OF SONNY GARZA AND JAMES CONWRIGHT, AND THEN WE'RE RECOMMENDING TO REPLACE DR. OPPERMAN, DR. LORI RICE-SPEARMAN.
THE MARKET LUBBOCK ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS, WE'RE RECOMMENDING THE REAPPOINTMENT OF SONNY GARZA, AND JAMES CONWRIGHT, AND HENRY PATEL,
[00:20:03]
AND THEN WE'RE ALSO RECOMMENDING TO REPLACE DR. JOHN OPPERMAN, DR. LORI RICE-SPEARMAN.FOR THE MODEL CODES AND CONSTRUCTION ADVISORY BOARD, WE'RE RECOMMENDING THE REAPPOINTMENT OF GARY FERGUSON, JAMES JORDAN, AND GLEN DAVIS, AND THEN WE'RE RECOMMENDING THE APPOINTMENT OF DR.
DAVID SMALL TO REPLACE ALEXANDER DICKEY.
THE MUSEUM AND ART STANDING SUB-COMMITTEE, WE'RE RECOMMENDING THE REAPPOINTMENT OF JOANNA STRIVELOW, AND WE'RE ALSO RECOMMENDING THE APPOINTMENT OF DORY BOSNIAK TO REPLACE DANIELLE EAST, WHO'S GOING OFF THAT BOARD.
THE PERMIT LICENSE AND APPEAL BOARD, WE'RE RECOMMENDING JILLIAN NAVA TO REPLACE JERRY MOREHEAD, GOING OFF THAT BOARD AND WE'RE RECOMMENDING TOM NICHOLS TO REPLACE PATRICK KELLY GOING OFF THAT BOARD.
FOR THE PLANNING AND ZONING COMMISSION, WE'RE RECOMMENDING THE REAPPOINTMENT OF TERRY MORRIS, AND RENEE GAGE, AND THEN WE ARE RECOMMENDING THE APPOINTMENT OF EDWIN SCOTT GLOYNA TO REPLACE AVIRAJ PATEL WHO'S GOING OFF THAT BOARD.
>> ONE PART. SORRY. ONE MORE PAGE.
THE VETERANS ADVISORY COMMITTEE, WE'RE RECOMMENDING SCOTT ANDERSON TO THAT BOARD TO REPLACE KERRY SIMON. THANK YOU.
>> [INAUDIBLE] SEPARATE, YEAH.
>> I'M GOING TO TELL YOU MR. MCBRAYER, THAT LAST ELECTRIC UTILITIES BOARD IS A SEPARATE ITEM, AND I THINK YOU WOULD JUST WARM IT UP YOUR CHOPS TO GET IT DONE.
BUT I WILL LIKE FOR US TO, [BACKGROUND] THANK YOU VERY MUCH MR. MASSENGALE, YOU KNEW WHAT I WAS SAYING.
NOW WE HAVE A MOTIONS BY MR. MCBRAYER AND A SECOND BY MR. MASSENGALE TO ACCEPT ALL OF THE NAMES THAT WERE LISTED FOR REAPPOINTMENT AND FOR INITIAL APPOINTMENT ON THE DIFFERENT BOARDS.
I'LL ASK FOR THE VOTE, ALL THOSE IN FAVOR, PLEASE VOTE BY SAYING AYE.
NOW, MR. MCBRAYER, I'M GONNA CALL FOR YOU AGAIN.
IF YOU WOULD, LET ME SEE, I GOT TO MAKE SURE THIS IS [INAUDIBLE],
[2. Board Appointments - City Secretary: Consider appointments to the Electric Utility Board.]
MAKE SURE YOU WOULD GET THOSE NAMES OUT AGAIN FOR THE ELECTRIC UTILITY BOARD, FOR THEIR APPOINTMENT PLEASE SIR?>> FOR THE APPOINTMENT ON THAT BOARD?
>> FOR THE MADAM, MAYOR PRO TEM, I MOVE THAT WE MAKE THE FOLLOWING REAPPOINTMENTS AND APPOINTMENTS TO THE ELECTRIC UTILITY BOARD.
FOR REAPPOINTMENT, DAN WILSON, LEWIS HABBLE, EDWIN BUTCH DAVIS, EDWIN SCHULTZ, AND PASTOR SOLOMON FIELDS.
WE ALSO RECOMMEND FOR APPOINTMENT TO REPLACE PATRICK GAMBLES WHO'S GOING OFF, DR. CRAIG RYAN.
>> THANK YOU MR. MCBRAYER FOR THAT MOTION.
SOMEONE OFFER US A SECOND FOR THAT.
THANK YOU COUNCIL WOMAN MARTINEZ GARCIA.
HAVING A MOTION AND A SECOND, I'LL CALL FOR THE VOTE, ALL OF THOSE IN FAVOR, PLEASE VOTE BY SAYING AYE.
WE'RE DOWN TO, IT'S GOING TO BE YOU MR. BLUE?
[3. Resolution - Business Development: Consider a resolution 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. ]
>> ALL RIGHT THEN. I WAS GOING TO CALL YOU DOUBLE B, BUT I GUESS I DON'T HAVE TO. GO AHEAD.
>> IF YOU'LL TAKE THIS ON PLEASE.
>> THANK YOU MAYOR PRO TEM AND COUNCIL. GOOD AFTERNOON.
>> ITEM 6.3 IS A RESOLUTION TO ACCEPT THE PID PETITION FROM BETENBOUGH FOR THE CREATION OF CYPRESS RANCH PID.
ALSO FINDING THAT THIS PETITION MEETS ALL THE REQUIREMENTS UNDER THE LOCAL GOVERNMENT CODE, CHAPTER 372 FOR THE CREATION OF PIDS.
IT WILL ALSO CALL FOR A PUBLIC HEARING AND THE CREATION RESOLUTION.
COUNCIL IS A LITTLE BIT OF AN OVERVIEW.
THE PROPOSED CYPRESS RANCH PID IS JUST SHY OF 100 ACRES GENERALLY LOCATED JUST SOUTH OF THE LEVELLAND HIGHWAY, HIGHWAY 114.
THE TRAIN TRACKS TO THE SOUTH AND IN-BETWEEN INLER AND ALCOVE.
THE CONSTRUCTION IS GOING TO BE APPROXIMATELY 563 SINGLE-FAMILY RESIDENCES.
THEY WILL BE CONSTRUCTING A PARK AND BASIN DRAINAGE INFRASTRUCTURE.
[00:25:02]
MAYOR COUNCIL, IF THIS PASSES TODAY, WILL GIVE THE APPROPRIATE NOTICE AND CALL THE PUBLIC HEARING FOR YOUR NOVEMBER 14TH, AND AT THAT SAME MEETING, WE WILL HAVE OUR CREATION RESOLUTION.WITH THAT I'LL TAKE ANY QUESTIONS YOU HAVE.
>> ANY QUESTIONS FOR MR. BLUE? MS. JOY?
>> [NOISE] COUPLE OF QUESTIONS. I UNDERSTAND THAT THE DEVELOPER IS ACTUALLY DOING $500,000 OF IMPROVEMENTS AT HIS EXPENSE, IS THAT CORRECT?
>> THAT IS CORRECT. WE HAVE WE HAVE REPRESENTATIVE HERE IF YOU WOULD LIKE TO ASK THEM ANY QUESTIONS.
>> [OVERLAPPING] HELLO. MY NAME IS WES HEVERT, I WORK FOR BETENBOUGH HOMES.
[NOISE] SOME OF YOU-ALL THAT DON'T KNOW ME.
YES MA'AM, WE ARE PUTTING INTO IMPROVEMENTS AT OUR OWN COST.
THE PID CREATION IS TO HELP TO MAINTAIN THAT FOR THE FUTURE OF THE COMMUNITY.
>> DOES THAT INCLUDE THE DRAINAGE ISSUES THAT YOU HAVE OUT THERE?
>> YES, MA'AM. [OVERLAPPING]. AFTER THE DRAINAGE ANALYSIS, WORKING WITH ENGINEERING WITH THE CITY OF LUBBOCK, WE HAVE DRAINAGE BASINS ON THE EAST SIDE OF OUR PROPERTY, TO BE ABLE TO HANDLE THAT AREA.
>> THE PID ASSESSMENTS WILL SIMPLY BE FOR MAINTAINING THAT SORT OF THING OR IF THEY WANT TO ADD AN ADDITIONAL AMENITY, THAT CAN ALSO BE COVERED.
>> THAT'S, MY ASSESSMENT. THANK YOU.
>> THANK YOU. MS. JOY, ARE THERE ANY OTHER QUESTIONS? IF NOT, I'LL ACCEPT A MOTION FOR APPROVAL FOR ITEM 6.3.
MOVED BY DR. WILSON, SECOND BY MR. MCBRAYER.
THANK YOU. I'LL CALL FOR THE VOTE.
ALL THOSE IN FAVOR OF ITEM NUMBER 6.3, RESOLUTION FROM BUSINESS DEVELOPMENT, PLEASE VOTE BY SAYING AYE.
THANK YOU, AND IT PASSES SIX, ZERO.
THE NEXT ITEM, ITEM 6.4. THERE SHE IS.
[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-O0060, at 5001 Avenue Q, Suite A, for an alcoholic beverage permit for Quince's Taco Shack.]
I'LL CALL FOR YOU TO GO AHEAD AND BEGIN TELL US AND REMINDED US ABOUT THIS ITEM, I BELIEVE IT'S BEEN BEFORE US BEFORE.>> GOOD AFTERNOON MAYOR AND COUNCIL.
>> ITEM 6.4 IS A RESOLUTION TO REQUEST AN ALCOHOL VARIANCE TO THE REQUIRED SEPARATION BETWEEN A BUSINESS WITH A TABC LICENSE AND A SCHOOL.
THIS IS FOR QUINCE'S TACO SHACK.
AS YOU KNOW, THIS PULL REQUEST WAS PREVIOUSLY CONSIDERED BY COUNCIL UNDER THE FORMER NAME TIPSY'S TACO SHACK.
IT IS WITHIN 300 FEET OF HODGES ELEMENTARY MEASURED PROPERTY LINE TO PROPERTY LINE.
AS A REMINDER THAT 300 FOOT MEASUREMENT IS PROPERTY LINE TO PROPERTY LINE FOR SCHOOLS AND DAYCARES, DOOR TO DOOR WHILE TRAVELING ALONG THE LEGAL PEDESTRIAN PATH FOR CHURCHES AND HOSPITALS.
BASED ON SOME OF THE QUESTIONS THAT WERE DISCUSSED LAST TIME, I DID A LITTLE BIT OF RESEARCH TO GIVE YOU MORE INFORMATION ABOUT THE OTHER BUSINESSES THAT ARE WITHIN 300 FEET OF THE SCHOOL THAT ALSO HAVE A TABC LICENSE.
IN 1973, COUNCIL REQUIRED A 300 FOOT SEPARATION, MEASURED FRONT DOOR TO FRONT DOOR WHILE TRAVELING ALONG THE LEGAL PEDESTRIAN PATH FOR ALL FOUR OF THOSE USES, SCHOOLS, DAYCARES, CHURCHES, AND HOSPITALS.
IN JULY OF 2009, COUNCIL APPROVED AN ORDINANCE TO CHANGE THAT MEASUREMENT TO BE THE 300 FEET FROM PROPERTY LINE TO PROPERTY LINE FOR SCHOOLS AND DAYCARES.
PUB 50, LOCATED IN SUITE B OF THE SAME MULTI-TENANT CENTER.
IT'S A BAR. IT HAS BEEN A BAR SINCE 1982.
ORIGINALLY, BUCKHORN SALOON, CHANGED TO PUB 50 IN JANUARY OF 2009.
THEY HOLD A MIXED BEVERAGE LICENSE, SAME AS WHAT'S BEING REQUESTED TODAY.
LA KUMBIA IN SUITE C OF THE SAME BUILDING.
IT WAS ORIGINALLY A BAR IN 2006, BECAME A SPORTS GRILL IN 2007.
ALSO HOLD A MIXED BEVERAGE LICENSE.
C.C.'S SPORTS GRILL 1605 50TH, WITHIN THE SAME MULTI-TENANT CENTER, HAS BEEN THERE SINCE 1997 WITH A MIXED BEVERAGE LICENSE.
THEN THE PROPERTY TO THE SOUTH, THE KOKO CLUB.
BEEN THERE SINCE 1972, ALSO WITH MIXED BEVERAGE LICENSE.
ON AN AERIAL VIEW, THIS IS WHAT THAT LOOKS LIKE.
THE GREEN CIRCLE, 5001 SUITE A IS QUINCE'S TACO SHACK, THE ONE IN FRONT OF YOU TODAY.
TO THE EAST OF THEM, 1605 IS C.C.'S SPORTS GRILL, AND THEN 5001B IS PUB 50, AND THEN THE ONE AT THE FAR SOUTHWEST CORNER 5001 IS LA KUMBIA.
THE ENTRANCES TO PUB 50 AND LA KUMBIA, THIS IS TAKEN FROM AVENUE Q, LOOKING NORTHEAST TOWARDS THE BUILDING.
THEN ON 50TH STREET, LOOKING SOUTH AT THE BUILDING, YOU CAN SEE C.C.'S SPORTS GRILL AND THE QUINCE'S TACO SHACK.
C.C.'S IS ACTUALLY CLOSER TO THE SCHOOL.
[00:30:02]
IF YOU ARE COMING FROM THE SCHOOL, YOU WILL CROSS IN FRONT OF C.C.'S ON YOUR WAY TO QUINCE'S.THIS IS JUST A ZOOMED OUT ARIEL.
AGAIN, YOU HAVE THE MULTI-TENANT CENTER HERE WHERE THE REQUEST IS BEING MADE, HODGES ELEMENTARY AND THE OTHER BUILDING TO THE SOUTH OF KOKO CLUB.
NOW, JUST TO SEE WHAT THAT MEASUREMENT WOULD BE, HAD IT BEEN FRONT DOOR TO FRONT DOOR WHILE TRAVELING ALONG A LEGAL PEDESTRIAN PATH AS THE OTHER BUSINESSES WERE.
IF YOU STARTED THE FRONT DOOR, YOU HAVE TO COME OUT TO THE PUBLIC RIGHT-OF-WAY, CROSS AT THE CORNER WHERE IT'S LEGAL TO CROSS, NOT JAYWALKING ACROSS AVENUE P, COME DOWN INTO THE FRONT DOOR OF THE SCHOOL.
THE APPLICANT IS HERE, SHE ALREADY SPOKE TO YOU.
IF YOU HAVE ANY ADDITIONAL QUESTIONS, I'D BE PLEASED TO ANSWER ANY QUESTIONS.
>> THANK YOU, MS. SAGER. WHAT I WANT TO DO IS GO AHEAD AND GET A MOTION IN FRONT OF US, IF YOU WILL, PLEASE.
I BELIEVE A MOTION FROM DR. WILSON TO APPROVE ITEM 6.4 AND A SECOND FROM MS. MARTINEZ GARCIA.
I THINK MS. GARCIA, YOU WANTED TO HAVE A COMMENT OR ASK QUESTIONS.
>> I DO HAVE A COMMENT FIRST BEFORE, BUT I DO HAVE A MOTION AS WELL OR A SECOND THAT IS. CAN I DO THAT?
>> NO, I DON'T WANT TO AMEND THE MOTION, I WANT TO JUST DO THE SECOND.
>> I BELIEVE THAT'S WHAT I HAVE DOWN THAT YOU HAVE A MOTION AND A SECOND.
BUT YOU DIDN'T HAVE A COMMENT?
>> WELL, MY COMMENT IS, RICK, DO YOU HAVE A MINUTE TO COME UP? YOU MENTIONED THAT THE NAME OF THE RESTAURANT WASN'T AN ISSUE, BUT IT WAS AN ISSUE.
I RECALL THAT THIS IS THE FIFTH TIME I THINK MS. MADRID HAS BROUGHT THIS ISSUE TO THE CITY.
I'VE PROBABLY EXPERIENCED THREE OF THOSE VISITS.
DURING HER FIRST VISIT, IT WAS AN ISSUE OF THE NAME OF THE BUILDING, OR HER BUSINESS.
SHE HAS REMEDIED THAT, AND I UNDERSTAND THERE'S STILL AN ISSUE WITH NO CONVERSATION.
BUT DO YOU KNOW THE HOURS OF KING'S RESTAURANTS?
>> DO YOU KNOW THE HOURS OF PUB 50?
>> DO YOU KNOW THE HOURS OF CCS OR THE COCO CLUB?
>> NO. I DON'T HAVE ANY REASON.
MY PERSONAL REASON TO NOT HAVE THE KNOWLEDGE OF THAT FROM THE DISTRICT'S PERSPECTIVE.
IT'S MY UNDERSTANDING, AND I DON'T KNOW THIS TO BE ACCURATE, SO FORGIVE ME IF I'M INCORRECT, BUT THOSE ESTABLISHMENTS DO NOT OPERATE DURING OUR SCHOOL HOURS.
>> WHAT TIME DOES THE SCHOOL CLOTHES HODGES? WHAT ARE THE HOURS OF HODGES ELEMENT? I'M SORRY, I DON'T HAVE A CHILD IN ELEMENTARY ANYMORE.
>> [INAUDIBLE] IF IT'S STILL HODGES ELEMENTARY? SCHOOL HOURS ARE FOR LUBBOCK ISD.
ELEMENTARY SCHOOLS ARE AT 7:48-3:25, BUT HODGES DOES HAVE AN AFTER-SCHOOL CLUB WHICH I HAVE MENTIONED BEFORE THAT RELEASES AT 4:30, BUT SOMETIMES SOME OF OUR STAFF MEMBERS STAY JUST IN CASE WE HAVE STUDENTS THAT ARE STILL THERE UNTIL ABOUT 5:00.
>> THAT BEING SAID, BECAUSE I UNDERSTAND AND I KNOW WE'VE TRIED FROM THE DIOCESE TO REALLY WORK ON THIS, AND BE BALANCED AND FAIR.
I THINK THAT'S VERY IMPORTANT, AND I'M JUST SPEAKING FOR MYSELF, BUT AS I LOOKED UP EACH ONE OF THESE BARS, RIGHT NOW, CCS IS OPEN IN CASE ANYBODY WANTS TO GO TO HAPPY HOUR.
PUB 50, AND COCO ARE ALSO OPENING.
THEIR WEALTH CCS OPENS AT 3:00 IN CASE ANYBODY WANTS TO MAKE THAT VISIT.
BUT MY POINT IS, THAT THESE CLUBS ARE ALREADY OPEN.
THEY'RE ALREADY WORKING DURING THE SCHOOL HOURS, THAT IS.
I BELIEVE THAT MS. MADRID AND MAYBE SHE CAN RESPOND TO THIS, WANTS TO DO HER ALCOHOL IN THE EVENING AFTER SCHOOL PROGRAM HAS ALREADY ENDED.
DO YOU HAVE A PROBLEM WITH THOSE HOURS, BECAUSE THEY'RE NOT COINCIDING WITH THE SCHOOL HOURS? IS THAT A PROBLEM FOR YOU, RICK?
>> LET ME FIRST START BY SAYING, I'M NOT SURE WHO WAS IN THE ROLE THAT I SIT IN TODAY.
[00:35:01]
WHEN THOSE REQUESTS CAME TO THE DISTRICT, WHAT I CAN TELL YOU IS THAT I'VE BEEN IN THIS ROLE SINCE 2020.SO LONG AS I SIT IN THIS ROLE, I WILL BE HERE TO SPEAK AGAINST ANY ESTABLISHMENT THAT'S WANTING TO SERVE ALCOHOL WITHIN THE DISTANCE OF THE ORDINANCE.
AGAIN, I THINK WHOEVER THE COUNCIL WAS IN 2009, GOT IT RIGHT.
THERE WAS A REASON WHY THEY PUT THAT IN PLACE.
I BELIEVE ASKING FOR A VARIANCE FOR THAT, IT WOULD NOT BE PRUDENT FOR ME TO NOT SPEAK ON BEHALF OF OUR CHILDREN AND OUR PARENTS, AND OUR STAFF PROTECTION.
>> THE APICAL 300-FOOT [NOISE] MINIMUM DISTANCE.
WE JUST SAW FROM KRISTEN THAT IT'S ACTUALLY 668.
ACTUALLY, IT'S DOUBLE THE LENGTH AWAY.
>> I DON'T BELIEVE THAT'S CORRECT.
I THINK THAT USED TO BE THE VARIANCE.
THEN IN 2009, THE COUNCIL CHANGED IT TO THE 300 FEET.
>> BUT, FROM DOOR-TO-DOOR FROM KRISTEN, WHAT IS THE DISTANCE ONCE AGAIN?
>> PRIOR TO 2009, WHEN IT WAS DOOR-TO-DOOR FOR SCHOOLS AND DAYCARES, IT WOULD HAVE BEEN 668 FEET.
AFTER 2009, ITS PROPERTY LINE TO PROPERTY LINE, WHICH IS 60 FEET, THE WIDTH OF THAT NEW PIECE.
>> OFF TO MAKE ONE MORE COMMENT BECAUSE YOU DIDN'T MENTION THAT, THEY WILL BE SERVING ALCOHOL IN THE EVENING.
WE DO HAVE EVENING PERFORMANCES, EVENING PTA MEETINGS, WHICH USUALLY ONCE, SOMETIMES TWICE A MONTH, AND SO WE WOULD HAVE PARENTS AND STUDENTS THERE, INCLUDING STAFF MEMBERS TILL PROBABLY ABOUT 7:00 OR 7:30 AFTER CLEANUP.
I HAVE SEEN LIKE YOU ARE STATING, SOME OF THOSE OTHER OPERATIONS OR ESTABLISHMENTS THAT ARE OPEN, AND A LOT OF THOSE PEOPLE THAT DO PARK IN THAT PARKING LOT, WHEN THEY HAVE TO EXIT, THEY DO NOT JUST EXIT STRIKE TO 50TH, SOMETIMES THEY EXIT KENNEDY TO AVENUE P, WHICH IS DIRECTLY IN FRONT OF HODGES ELEMENTARY.
I BELIEVE OPENING ANOTHER ESTABLISHMENT THAT SELLS ALCOHOL, WOULD ONLY INCREASE THE CHANCES OF SOME OF OUR PARENTS OR STUDENTS DIRECTLY BEING INVOLVED IN SOME TYPE OF DANGEROUS ACCIDENT.
>> KRISTEN, CAN YOU STEP BACK UP TO THE MIKE, PLEASE?
>> IN REVIEWING SOME OF THE PAST, WE HAD SOMETHING SIMILAR LIKE THIS ON MILWAUKEE.
CAN YOU DESCRIBE AND TELL A LITTLE BIT MORE ABOUT THAT SITUATION? BECAUSE I SEE A LOT OF PARALLELS HERE, AND I'M TRYING TO BE AS OBJECTIVE FOR ALL PARTIES INVOLVED, BUT I FEEL LIKE THERE MIGHT BE A LITTLE BIT OF AN INEQUITY.
>> LEARNING TREE CHILDREN'S ACADEMY IS LOCATED AT 7713 MILWAUKEE AVENUE.
BETWEEN 2015 AND 2023, COUNCIL APPROVED NINE VARIANCES FOR BUSINESSES TO HAVE A TVC LICENSE WITHIN 300 FEET OF THAT PROPERTY.
>> THANK YOU. ANY OTHER QUESTIONS ABOUT SPENDING THE MONEY FOR A YEAR?
>> MS. MADRID, COULD YOU STEP FORWARD AGAIN?
>> JUST TO LET US KNOW, WHAT WILL BE THE HOURS OF OPERATION OF YOUR BUSINESS?
>> 5:00 PM TILL 11:00 AT NIGHT.
>> WHAT IS THE RATED CAPACITY?
>> MS. MADRID, REALLY COME BACK UP. I'M SORRY.
I WAS TRYING TO CATCH YOU BEFORE YOU WALKED UP.
CURRENTLY YOUR RESTAURANT IT'S OPEN?
>> DO YOU ANTICIPATE A QUADRUPLE AMOUNT OF TRAFFIC COMING THROUGH IF YOU WERE ABLE TO SERVE BEER AND WINE AND LIQUOR IN YOUR STORE?
>> YOU THINK THE CAPACITY AND YOUR CUSTOMERS ARE PROBABLY GOING TO REMAIN THE SAME THAT ARE [NOISE] ALREADY THERE TO THIS DAY?
I'VE BEEN AROUND FOR ALL BOB'S CLASS.
>> I WAS GOING TO SAY THIS MADRID.
>> THANKS, MS. MADRID. WE HAVE A RESPONSIBILITY TO PROTECT OUR CHILDREN AT OUR ELEMENTARY.
I THINK THE CONCENTRATION IS UNFORTUNATE OF THE ALCOHOL ESTABLISHMENTS, BUT ONE THING THAT STANDS OUT TO ME AND SERVING ON P&Z BEFORE I GOT ON THIS WHEN YOU HAVE THESE TYPES OF CONFLICTS, YOU REALLY HOPE THAT THE PARTIES WILL WORK THROUGH THEIR ISSUES OUT.
IT CONCERNS ME THAT MS. MADRID HAS NOT APPROACHED THE DISTRICT FOR SOME TYPE OF CONVERSATION ABOUT IF THERE IS ANY POSSIBILITY FOR HER TO BE ABLE TO OPERATE OUR BUSINESS.
[00:40:07]
BUT, AT THE SAME TIME, THIS WAS SO MUCH MORE THAN THE NAME, AND IT'S ABOUT SAFETY, AND THERE'S A REASON THE ORDINANCE IS THERE, AND SO I WILL NOT SUPPORT THE APPLICATION.MS. SAGER, WHEN YOU MENTIONED THE ONES ON MILWAUKEE, THE DAYCARE, WERE THERE ANY OBJECTIONS FROM ANYONE ON THOSE CASES?
>> THE DAYCARE OWNER DID OBJECT TO ONE. YES, MA'AM.
>> THEN ON THE SLIDE THAT YOU SHOWED US, I BELIEVE ALL OF THE ESTABLISHMENTS THAT ARE ALREADY SERVING ALCOHOL WERE PRIOR TO THE 2009 ORDINANCE, IS THAT CORRECT?
>> ANY OTHER QUESTIONS? IF NOT, I BELIEVE I ALREADY HAVE MY MOTION AND SECOND, I'LL CALL FOR THE VOTE.
THOSE IN FAVOR OF APPROVING, WE'LL MAKE SURE WE HEAR, APPROVING ITEM 6.4, PLEASE VOTE BY SAYING AYE.
>> THOSE OPPOSE SAME SIGN, NAY.
IT WAS THREE TO THREE, SO IT DOES NOT PASS.
LET'S MOVE TO ITEM NUMBER 6.5 PLEASE.
[5. Resolution - City Council: Consider a resolution creating a citizen committee to study amortization and strategic downzoning in the City of Lubbock.]
IN REFERENCE TO RESOLUTION.I'M GOING TO HAND OVER THE GAVEL TO MR. MASSENGALE, SO WE CAN HAVE A CLEAN REVIEW OF THIS CASE.
ALL THESE ITEMS, SHOULD I SAY, MR. MASSENGALE?
COUNCIL THE NEXT ITEM FOR OUR CONSIDERATION THIS AFTERNOON IS ITEM 6.5.
IT'S A RESOLUTION TO CONSIDER CREATING A CITIZENS COMMITTEE TO STUDY AMORTIZATION AND STRATEGIC DOWN ZONING WITHIN THE CITY OF LUBBOCK.
MR. ATKINSON IS THERE STAFF PRESENTATION BEFORE WE CONSIDER A MOTION ON THIS ONE OR NEGATIVE? AFFIRMATIVE?
>> I'LL KICK IT TO YOU AND THEN AFTER THAT, WE'LL CONSIDER A MOTION.
>> THANK YOU, SIR. MAYOR PRO TEM AND COUNCIL, IF YOU WOULD, THE ACTUAL RESOLUTION FOR YOUR CONSIDERATION IS ON PAGE 889 OF YOUR AGENDA PACKET.
I'LL GO OVER A BRIEF SUMMARY AND THEN TURN IT OVER TO OUR TWO COUNCIL MEMBERS WHO PREPARED AND SPONSORED THIS RESOLUTION.
IN SHORT, THE ATTACHED RESOLUTION WOULD CREATE A CITIZENS COMMITTEE WITH THREE GENERAL BROAD CHARGES.
THE FIRST CHARGE IS TO STUDY THE CONCEPT OF AMORTIZATION AS A TOOL THAT COULD THEN BE POSSIBLY INCORPORATED INTO THE UDC.
PLEASE NOTE THAT IN THAT LANGUAGE, THE COMMITTEE CHARGE DOES NOT INCLUDE RECOMMENDING OR PROPOSING THE USE OF AMORTIZATION FOR A PARTICULAR BUSINESS ENTITY OR SIMILAR, RATHER IT IS TO STUDY AND POSSIBLY TO RECOMMEND BACK THE INCORPORATION OF AMORTIZATION AS A TOOL.
SECOND CHARGE IS TO ASSESS THE EXTENT AND THE NEGATIVE EFFECT IF ANY, OF ABANDONED INDUSTRIAL BLIGHT OR UNDERUTILIZED PROPERTIES ON NEARBY RESIDENTS.
THAT'S IN THE SECOND PARAGRAPH OF THAT RESOLUTION.
IT IS NOT LOOKING FOR PARTICULAR TOOL RATHER THAN PARTICULAR SUGGESTION OR COMMENT.
THE THIRD CHARGE IS RELATED TO STRATEGIC DOWN ZONING, EXCUSE ME, HAS A STRATEGY OR AS A TOOL.
COUNCIL RELATED TO THAT, AND SEPARATE FROM THIS RESOLUTION, WOULD MAKE TWO POINTS.
ONE, IT FOR THE PERIOD OF TIME IN WHICH THE CITY HAS BEEN ENGAGED IN PREPARING AND NOW IMPLEMENTING THE UDC.
IT HAS ALWAYS BEEN KNOWN THAT DOWN ZONING WAS SOMETHING THAT NEEDED TO OCCUR THAT WOULD LIKELY BE CITY INITIATED IN CERTAIN CASES.
WHERE WE STAND ON THAT, NOW SPEAKING OUT TO YOU AS STAFF REPRESENTATIVE RATHER THAN THE PARTICULAR RESOLUTION.
STAFF IS BEGINNING THE PROCESS OF LOOKING AT VACANT, NOT ABANDONED, BUT VACANT WHAT WERE M1, M2 PROPERTIES.
THAT ULTIMATELY, THOSE ARE RECOMMENDED FOR DOWN ZONING, THEY'LL GO THROUGH THE PLANNING AND ZONING COMMISSION, ULTIMATELY UP TO THE COUNCIL AND SO FORTH.
THE SECOND ITEM ON THE DOWN ZONING THAT IS SEPARATE FROM THIS RESOLUTION COULD BE INCORPORATED AT THE COUNCIL'S WISH, IS LOOKING ON A MORE COMPREHENSIVE BASIS AT PROPERTIES THAT ARE NOT VACANT,
[00:45:01]
THAT ARE M1, M2.THIS IN MY MIND, THE MOST OBVIOUS EXAMPLE WOULD BE ABANDONED PROPERTIES OR POTENTIALLY PROPERTIES THAT ARE UTILIZED FOR SOMETHING OTHER THAN HEAVY INDUSTRY, EVEN THOUGH THE BASIS OWNED MAY BE HEAVY INDUSTRY.
COUNCIL TO THAT END, IN 2021 IN OUR BUDGET THAT YEAR, SO FISCAL YEAR 21, THERE WERE DOLLARS SET ASIDE IN THE CIP, THE CAPITAL IMPROVEMENT PROJECT, AND THAT IS OUT THERE TODAY, WHERE STAFF STANDS ON THAT IS WE HAVE DRAFTED THE RFQ TO HELP US GET GOING ON THAT.
THOSE FUNDS ARE AVAILABLE, THEY'VE NOT BEEN EXPENDED, THE PLANS ARE UNDERWAY.
WITH THAT COUNCILMAN MASSENGALE, I'LL TURN IT OVER TO MS. PATTERSON HARRIS AND MS. JOY.
>> THANK YOU VERY MUCH, MR. ATKINSON.
BEFORE WE START DISCUSSION COUNCIL, I'LL REQUIRE A MOTION AND A SECOND ON THIS ITEM.
>> THANK YOU, MS. JOY. THANK YOU, MS. PATTERSON HARRIS.
COUNCIL, DISCUSSION OR QUESTIONS ON THIS. MS. PATTERSON HARRIS?
>> THANK YOU SO MUCH FOR RECOGNIZING, MAN, THIS HAS BEEN A TWIST FOR ME TODAY, [LAUGHTER] BUT NONETHELESS.
I JUST THOUGHT IT WOULD BE GOOD OR GREAT PRACTICE TO MAKE SURE THAT WE'RE LISTENING TO CITIZENS, AT LEAST TO HEAR WHAT THEY'RE HAVING TO SAY AND TRYING TO MOVE ON WHATEVER THAT CONCERN IS.
THIS TYPE OF ITEM HAS BEEN REQUESTED OF US ARE IN SOME FASHION BEEN IN FRONT OF US SEVERAL TIMES SINCE I'VE BEEN ON THE COUNCIL FOLLOWING 2019, I BELIEVE IF MY MEMORY SERVES ME CORRECTLY, BUT I DEFINITELY BELIEVE I'VE BEEN DOING A LOT OF DRIVING AROUND AND NOTICING SO MANY PLACES THAT THIS STUDY MIGHT HELP US TO FIND ANSWERS FOR, NOT ONLY WITHIN JUST THE NORTHERN AND EASTERN PORTIONS OF THE CITY, BUT IT'S SOME OF THE OTHER PARTS OF THE CITY AS WELL, AND I JUST THINK IT WOULD BE GOOD BUSINESS FOR THE CITY TO TAKE A LOOK AT THIS AND INCLUDE THE CITIZENS WHO ARE PART OF OUR COMMUNITY TO BE THE ONES TO MOVE THIS DOWN THE ROAD OR TAKE A LOOK AT THIS AND GIVE US THE ANSWER, THUS WE HAVE THIS ITEM BEFORE US THIS AFTERNOON. THANK YOU.
>> THANK YOU, MRS. PATTERSON HARRIS. MS. JOY?
>> WHEN WE WERE WORKING ON THE UDC, WE KNEW THAT WHEN IT WAS OVER, WE WOULD HAVE SOME CHANGES IN ZONING, PARTICULARLY DOWN ZONING.
MRS. PATTERSON HARRIS IS CORRECT.
WE'RE NOT SINGLING OUT ONE PART OF THE CITY.
WHAT WE FOUND IN THE COURSE OF GOING OVER ZONE CASES, THERE'S A LOT OF M1, M2 THAT IS COMPLETELY SURROUNDED BY COMMERCIAL, NOT APPROPRIATE THERE.
THAT'S PART OF THIS SECOND STEP OF BRINGING THOSE INTO THE ZONE WHERE THEY NEED TO BE LOCATED.
THEN WHEN WE GOT TO THE UDC AND START TALKING ABOUT APPROVING THAT, THERE WAS A DISCUSSION AT THE PLANNING AND ZONING COMMISSION, LENGTHY DISCUSSION ABOUT AMORTIZATION.
WELL, EVERYBODY WAS IN A HURRY VOTE.
THERE WAS EVEN A SUGGESTION BY MEMBERS OF PLANNING AND ZONING THAT A COMMITTEE BE APPOINTED TO STUDY AMORTIZATION.
THIS IS A FOLLOW-UP TO THE DISCUSSIONS THAT WERE HAD WHEN WE WERE TALKING ABOUT UDC.
THE QUESTIONS THAT HAD RISEN FROM PLANNING AND ZONING, THE REASONS THAT THEY DID NOT INCLUDE WAS BECAUSE THEY DID NOT UNDERSTAND AMORTIZATION.
RATHER THAN JUST PLAY LIKE WE KNOW WHAT IT IS AND HOW IT APPLIES, LET'S TAKE A LOOK AT IT.
IT'S PROPER FOR THAT TO BE ONE PERSON FROM EACH DISTRICT AND ONE APPOINTMENT BY THE MAYOR WITH THE CHAIRMAN TO BE SELECTED BY THE COMMITTEE.
I THINK THIS JUST MOVES US ALONG.
IT'S A PART OF LISTENING TO CITIZENS.
NOW, MR. SHANKLES, THAT DOESN'T MEAN YOU GET TO HAVE SEVEN MEMBERS WHO THINK IT'S GREAT.
THAT'S NOT WHAT THIS IS ABOUT.
THIS IS ABOUT INPUT FROM THE ENTIRE CITY, SO I THINK WE NEED TO GET THIS DONE AND MOVING ON WITH THE THINGS WE NEED TO DO AS A RESULT OF THE APPROVAL OF THE UDC AND ITS AMENDMENTS.
>> THANK YOU, MS. JOY. MS. MARTINEZ, GARCIA.
[00:50:03]
>> THANK YOU. MR. MASEGO, I HAVE SOME MIXED FEELINGS ON THIS SUBJECT, IN PART BECAUSE WE HAVE GONE THROUGH SUCH A LENGTHY PROCESS IN THE UDC SEVERAL YEARS.
IT'S NOT THAT I'M AGAINST HAVING A COMMITTEE, BUT I THINK THE TIMING ISN'T RIGHT.
WE DECIDED, OR DISCUSSED THEN WE WOULD REVIEW ITEMS EVERY SIX MONTHS, AND SO THAT'S ONE THING, AND THEN IF WE'RE WANTING TO LISTEN TO THE CITIZENS, NO DOUBT, THAT IS WHY WE ARE HERE.
BUT ONE OF THE DISCUSSIONS OF THE P&Z IS THAT THE COMMITTEE BE APPOINTED BY THE P&Z, SO THAT WAS SOMETHING ELSE THAT I RECALL HEARING FROM THAT CONVERSATION.
FOR ME, I THINK THERE'S A LOT OF MISINFORMATION AND SOME OF THE FOLKS THAT HAVE DRIVEN THIS TO COUNSEL HAVE ALSO HAD MISINFORMATION AND HAVE ATTACKED CERTAIN COMPANIES THAT DO NOT DESERVE TO BE ATTACKED, AND I THINK THAT IS PROBABLY THE BIGGEST ISSUE THAT I HAVE.
THERE'S NO DOUBT THERE'S SOME ISSUES, BUT I THINK THERE'S SOME CONCERN AND WE NEED TO MAKE SURE THAT WE ARE BEING MINDFUL THAT SOME OF THE COMPANIES THAT ARE BEING ATTACKED ARE BRINGING BUSINESS INTO THE NEIGHBORHOOD, JOBS INTO THE NEIGHBORHOOD, AND REALLY IT WOULD BE COSTLY TO MOVE THEM OUT OF THE NEIGHBORHOODS.
I DON'T BELIEVE THAT I CAN SUPPORT THIS AS OF RIGHT NOW, BUT I WOULD LIKE TO RECONSIDER IN THE FUTURE.
>>THANK YOU, MS. MARTINEZ GARCIA, MR. MCBRIDE.
>> I UNDERSTAND EVERYTHING THAT'S BEEN SAID THAT DAY, BUT I DO THINK IT'S A BASIC IMPORTANCE TO US THAT CITIZENS REALIZE WE LISTENED TO THEM.
WHEN THEY BRING THEIR CONCERNS TO US, AND HAVE CONSISTENTLY BROUGHT THEIR CONCERNS TO US REGARDLESS OF WHAT THEIR CONCERNS ARE, THAT WE LISTEN TO WHAT THEY SAY AND WE CONSIDER IT.
IF THERE'S SOMETHING THAT WE NEED TO DO TO GATHER MORE INFORMATION TO LOOK AT AN ISSUE, THEN THAT'S WHAT WE'RE HERE TO DO.
I THINK THIS IS A GOOD RESOLUTION.
I THINK WE'VE COME TO THE POINT NOW WHERE IT'S APPROPRIATE FOR US TO LOOK, AND THIS IS JUST A STUDY, AND THIS IS NOT JUST FOR ONE PART OF THE CITY AS MS. JOY HAS SAID IT'S THE WHOLE CITY.
BUT THE VOICES WE'VE HEARD HAVE COME FROM PARTICULAR AREAS OF OUR CITY AND SO THEY DESERVE TO BE HEARD TOO ON THIS ISSUE, AND IT'S A STUDY.
IT'S NOTHING MORE THAN A STUDY BUT FOR ME.
IT'S A VERY COMPLICATED ISSUE AND IT'S NOT ONE THAT WE WILL BE ADOPTING ANYONE'S AGENDA AND MOVING IT FORWARD.
WE'RE GOING TO BE STUDYING IT AND LOOKING AT THE RIGHT THING FOR THE CITY OF LUBBOCK AND THE CITIZENS AS WE MOVE FORWARD, SO I WOULD BE SUPPORTIVE OF IT.
BECAUSE I'M SHARING THIS OUT OF MY GUESTS LIKE A LAST WORD IS OH EUROPE, DR. WILSON, GOING TO GO AHEAD.
>> I THINK AMORTIZATION IS A VERY SLIPPERY SLOPE, AND I, FOR ONE NOT IN FAVOR OF COMMUNISM IN OUR COUNTRY, AND I AM NOT IN FAVOR EVER OF TAKING PROPERTY OWNER RIGHTS AWAY FROM THEM AND SMALL BUSINESS OWNERS' RIGHTS AWAY FROM THEM, SO I WILL MAKE MY OPINION VERY CLEAR THAT I WILL NEVER, NOT TODAY OR EVER SUPPORT ANY TYPE OF AMORTIZATION IN OUR CITY, BECAUSE I WILL FULLY SUPPORT OUR BUSINESS OWNERS AND OUR PROPERTY OWNERS 100%.
>> THANK YOU, DR. WILSON. I THINK EVERYONE'S WEIGHED IN ON THIS.
I AM ON THE RECORD SEVERAL TIMES.
I HAVE YET TO SEE A GOOD EXAMPLE WHERE AMORTIZATION HAS BEEN PRODUCTIVE IN A COMMUNITY, AND, I PROBABLY WILL CONTINUE TO BE OPPOSED TO AMORTIZATION IF IT'S BROUGHT UP.
WE'VE BEEN TALKING ABOUT THIS FOR SEVERAL MONTHS EVEN BEFORE THIS COUNCIL WAS ELECTED.
THIS HAS BEEN BROUGHT UP BY OUR CITIZENS.
I WOULD NOT BE SUPPORTIVE OF ANYTHING THAT WOULD CREATE ANY TYPE OF ADDITIONAL REGULATION ON OUR BUSINESS COMMUNITY.
AGAIN, EVERYONE KNOWS WHERE I STAND ON THAT, BUT AT THE SAME TIME, I AM NOT OPPOSED TO HAVING THE CONVERSATION.
JUST AS LONG AS EVERYONE UNDERSTANDS HOW I FEEL ABOUT THE POLICIES BEING DISCUSSED.
I'M SUPPORTIVE OF THE COMMITTEE.
I NOTICED THAT THERE'S A SPECIFIC A DATE
[00:55:03]
CERTAIN FOR THIS COMMITTEE TO DELIVER THEIR RESULTS BACK, MR. ATKINSON, IS THAT CORRECT?THE FINAL PARAGRAPH, PARAGRAPH NUMBER 5, THE COMMITTEE SHALL CONVENE WITHIN TWO WEEKS, SO SHOULD THIS PASS TODAY, IT'S YOUR NEXT COUNCIL MEETING, NOVEMBER THE 7TH EACH ONE OF SEVEN WILL BE ASKED TO MAKE YOUR APPOINTMENT TO THE COMMITTEE.
COMMITTEE THEN WILL HAVE ITS FIRST MEETING WITHIN TWO WEEKS, AND THEN WE'LL REPORT BACK TO COUNCIL NOT LATER THAN THE SECOND MEETING IN MARCH 2024.
>> THANK YOU, MR. ATKINSON. COUNCIL, ANY MORE DISCUSSION ON THIS ITEM? HEARING NONE ALL THOSE IN FAVOR, PLEASE INDICATE YOUR VOTE BY SAYING AYE.
>> ALL THOSE OPPOSE LIKE SIGN WHAT I DO.
MAYOR PRO TEM THE GAVEL IS YOURS.
>> THANK YOU VERY MUCH. MR. MASEGO, YOU DID A WONDERFUL JOB.
I'LL MAKE SURE I GIVE YOU A STICKER ON THE WAY HOME AND I'LL TELL THE MAYOR JUST HOW GREAT YOU WERE TODAY.
I THINK WERE DOWN HEAD DOWN THE HOME STRETCH.
WE HAVE THREE ITEMS LEFT AS MR. JOE, I BEGAN TO BE PROVIDE HIM, I WAS GOING TO SAY OTHERWISE, YOU GREW [LAUGHTER] MR. JOE, MIGHT BE ON THE LIST TO DO THIS.
I JUST HAD THE WRONG SOMEBODY.
>> I BELIEVE WE'RE GOING TO BE DISCUSSING SOME RESOLUTIONS AND IF YOU WILL,
[6. Resolution - Lubbock Power & Light: Consider a resolution regarding the process which will be followed 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. ]
[7. Resolution - Lubbock Power & Light: Consider a resolution 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.]
[8. Resolution - Lubbock Power & Light: Consider a resolution 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.]
IF IT PLACES THE COUNCIL FOR US TO ADDRESS ALL THREE OF THESE ITEMS TOGETHER, AND I BELIEVE THERE'S SOME GREAT INFORMATION AS WE HEAD DOWN THE HOME STRETCH AND GET READY TO HAND THAT BATON OVER TO THE NEXT GROUP.>> GIVE US WHAT YOU GOT TODAY.
>> MY NAME IS CLINT GARDNER AND CHIEF CUSTOMER OFFICER FOR LUBBOCK POWER AND LIGHT.
I AM HERE TODAY TO DISCUSS AGENDA ITEM 6.6, 6.7, AND 6.8, SO WHAT TAKE ALL THREE OF THOSE TOGETHER IF THAT'S WHAT YOU SOLD, PLEASE?
>> 6.6 IS REFERRING TO THE POLAR PROCESS, WHICH WOULD BE THE PROVIDER OF LAST RESORT.
ONCE WE ENTER INTO RETAIL COMPETITION, SHOULD ONE OF OUR REPS, RETAIL ELECTRIC PROVIDER, I'LL REFER TO THEM FROM NOW ON-WARDS AS REPS IF I MAY.
IF ONE OF THE REPS DEFAULTS, THEN THEY WILL GO TO THE POLAR PROCESS.
IF A REP IS ACQUIRED BY ANOTHER REP THAT WILL BE A POLAR PROCESS.
THEN ALSO, IF A REP SELLS A BLOCK OF CUSTOMERS TO ANOTHER RETAIL ELECTRIC PROVIDER, WHICH IS POSSIBLE, THEN THAT WOULD BE A POLAR PROCESS AS WELL, SO ANYWHERE COULD IT BE.
THE MASS TRANSITION IS STARTED, AND WE NEED TO TRANSFER THOSE CUSTOMERS, AND WE NEED TO DO IT AS QUICKLY AS WE POSSIBLY CAN.
WHAT WE'RE TRYING TO DO IS MAINTAIN A CONTINUITY OF SERVICE, SO NO ONE IS WITHOUT POWER.
THAT'S THE WHOLE PURPOSE OF THAT.
BEING THE ELECTRIC OR A MUNICIPALLY OWNED UTILITY, OR AN MOU.
ACTUALLY WERE THE FIRST ONES TO OFTEN AS YOU ALL KNOW, SO THERE'S SOME RULES THAT WEREN'T WRITTEN.
WE ACTUALLY DON'T FALL UNDER CHAPTER 7 OF THE RETAIL MARKET GUIDE, WHICH REFERS TO OR DEALS WITH INDEPENDENTLY ON UTILITIES, SO WE HAD TO DO CHAPTER 8, WHICH WE WROTE IT AND WE FALL UNDER THAT CATEGORY, SO THAT'S WHAT WE WILL BE.
SINCE THERE WAS A NEW SECTION, NOBODY KNEW WHAT WAS SUPPOSED TO HAPPEN UNDER THERE FOR THE POLAR PROCESS, OR THE RETAIL DREP, THE DEFAULT PROVIDER, OR ANYTHING ELSE, SO WE WROTE THAT AND WE NOW FALL UNDER THAT.
WITH IT NOT BEING EVER A PROCESS SET IN PLACE, WHAT WE'VE DECIDED TO DO, IS FOLLOW UP WHAT COURT HAS IN PLACE, FOR ALL HOW-YOU-USE AND RETAIL ELECTRIC PROVIDERS.
IT'S WORKED IN THE PAST, IT WORKS.
IT'S REALLY FLAWLESS FOR THEM.
IN FACT, OUR COURT TOLD US THERE'S REALLY NO OTHER WAY TO DO IT.
WE AGREE WITH IT, IT'S A GOOD PROCESS.
WE WILL RECOMMEND THAT WE CONTINUE TO GO WITH THAT PROCESS.
NOW THEN, AND THE LAST TIME IT WAS USED, I WILL SAY WAS IN WINTER STORM IN URI.
IT HAS BEEN TESTED SEVERAL TIMES ALONG THE WAY SO IT DOES WORK.
[01:00:05]
NOW FOR THE DEFAULT RETAIL ELECTRIC PROVIDER, JUST TO TALK A LITTLE BIT ABOUT THE WILL NO LONGER SERVE OUR OWN CUSTOMERS.WHAT WE'LL DO IS TWO WEEKS PRIOR TO GOING LIVE OR GOING INTO THE TRANSITION OF RETAIL COMPETITION.
WE'RE GOING TO DO A QUERY AND WE WILL BRING OUT A LIST OF EVERY CUSTOMER FOR THE CITY OF LUBBOCK, THAT HAS NOT PICKED A RETAIL ELECTRIC PROVIDER.
AT THAT TIME, WHAT WE WILL DO, THERE'S THREE RETAIL ELECTRIC PROVIDERS.
AS YOU KNOW, WE'VE TALKED TO PURSE, RELAY TO THE, THOSE ARE THE THREE DEFAULT ELECTRIC PROVIDERS.
WHAT WE'LL DO, IS WE'LL JUST START PRINTING CUSTOMER CLASS AND THEN WE'LL START TO DIVIDE THEM OUT JUST EQUALLY AMONG THE RETAILERS AND IT WILL BE RANDOM.
IT'S NOT LIKE WE'RE GOING TO BE DOING ANYTHING PUTTING PEOPLE WITH SPECIFIC ROUTES.
IF SOMEBODY HAS MULTIPLE ACCOUNTS WILL JUST GROUP THEM TOGETHER. THAT'S THE PROTOCOL.
NOW THE ONLY THING LEFT IS TO SEE IF WE HAVE ENOUGH PROVIDERS, IN ORDER TO TRANSITION INTO RETAIL COMPETITION.
I'M HERE AND GLAD TO SAY THAT AS THE WRITING OF THESE RESOLUTIONS AND WHEN THE EUB PASSED IT LAST WEEK, WE HAVE 41 RETAIL ELECTRIC PROVIDERS.
THIRTY-TWO OF THOSE WHO ARE READY TO GO IN AND DAVE ONE.
NINE WILL BE COMING IN SHORTLY THEREAFTER.
AS FAR AS OTHER CITIES, MIDLAND, ODESSA, WICHITA FALLS, AND HANDLING, WE'RE RIGHT IN LINE WITH EVERYTHING THAT THEY DO.
WE WHOLEHEARTEDLY SAY, THAT WE DO HAVE ENOUGH RETAIL ELECTRIC PROVIDERS TO GO INTO THIS AND THIS WILL FULFILL WHAT WAS IT? QUESTION SEVEN OF THE ORIGINAL RESOLUTION.
OUR RECOMMENDATION IS TO PASS ALL THREE.
>> YES, SIR. I AM GOING TO ASK FOR A MOTION AT THIS TIME, SO WE CAN ANNOTATE ANY TYPE OF QUESTIONS OR COMMENTS.
[BACKGROUND] MOST OF OUR [INAUDIBLE] BREYER TAKEN BY MS. JOY ALREADY.
ANYONE WITH QUESTIONS OR COMMENTS? YES, JOY. OH, I'M SORRY.
>> FIRST OF ALL, I JUST WANT TO SAY YOU GUYS HAVE DONE AN AMAZING JOB.
I FEEL LIKE WE'RE GOING TO KNOCK ON WOOD.
[NOISE] DO THIS VERY SEAMLESSLY, BECAUSE YOU HAVE REALLY PREPARED, YOU'VE HAD A VISION, YOU FOLLOW THE COURSE.
EVEN WHEN WE HAD A COUPLE OF HICCUPS, YOU'VE DONE EVERYTHING RIGHT.
I COMMEND JOEL AND ALL OF YOUR STAFF BECAUSE YOU'VE DONE A WONDERFUL JOB.
I KNOW THAT WE'RE NOW PREPARING FOR COMMUNITY MEETINGS, I WILL BE HOLDING ONE ON NOVEMBER 13TH.
AM VERY EXCITED ABOUT THAT, BECAUSE I THINK PROVIDING ALL OF THE INFORMATION AND TOOLS NECESSARY FOR THE PUBLIC TO HAVE TO MAKE THESE DECISIONS AND CHOICES AND UNDERSTAND, IS GOING TO PREVENT SCAMMING.
IT'S GOING TO PREVENT FOLKS FROM NOT HAVING ELECTRICITY.
I WANTED TO THANK YOU ALL FOR ALL OF YOUR HARD WORK AND COMMITMENT TO THE CITIZENS.
>> WHEN WE READ THESE RESOLUTIONS, WERE UP HERE GOING OKAY, GOT IT.
WE'VE BEEN SITTING IN MEETINGS.
WE KNOW WHAT YOU'RE TALKING ABOUT.
ON 6.6, IF A CUSTOMER DOES NOT SELECT A PROVIDER, THEN THEY WILL BE ASSIGNED WHAT'S CALLED A PROVIDER OF LAST RESORT, RIGHT?
IF A CUSTOMER DOES NOT CHOOSE SOMEONE, WOULD BE A DEFAULT RETAIL ELECTRIC PROVIDER.
[OVERLAPPING] POLAR PROCESS PROVIDED A LAST RESORT WOULD BE IF AN OCCURRENCE HAPPENED TO WHERE IT'S A MASS TRANSITION TO GO TO SOMEONE ELSE.
IF SOMEONE DEFAULTS, IF SOMEONE DECIDES TO LEAVE HER MARKET AND THEY HAVE TO GO TO THE THE POLAR PROCESS.
[01:05:05]
I DON'T THINK IT'S PERFECTLY CLEAR FOR SOMEONE SITTING AT HOME, TRYING TO FIGURE THIS OUT.
BECAUSE 6.7 TALKS ABOUT A DEFAULT RETAIL ELECTRIC PROVIDER?
>> THEN YOU JUST USE THE SAME TERMINOLOGY FOR 6.6 SAYING, WELL, THAT'S A DEFAULT SITUATION.
>> WELL, 6.6 WOULDN'T BE A PROVIDER OF LAST RESORT.
>> A POLAR IS PROVIDER OF LAST RESORT.
THAT IS IF I RETAILER, DURING COMPETITION ALREADY INTO IT AND EVERYBODY HAS PICKED THEIR PROVIDER AND THEN WE'VE DONE DERAIL BECAUSE WHAT WE HAD TO DO.
THE POLAR IS DURING RETAIL COMPETITION.
>> IF YOU LOOK AT THE DEFAULT RAIL, WILL BE AT THE POINT OF CHOOSING SOMEONE AT THE POINT OF TRANSITION.
>> WE REALLY SHOULD BE LOOKING AT 6.7 AND THEN WE'D GO TO 6.8 IF WE'RE DOING IT IN THE SEQUENCING OF HOW THIS WOULD OCCUR.
>> OKAY. THAT HELPS. THANKS. [LAUGHTER].
ANY OTHER QUESTIONS OR COMMENTS?
>> I JUST WANT TO SAY BEFORE WE GO AHEAD AND HAVE OUR VOTE HERE, THAT THIS IS EXCITING.
THIS IS EXCITING STUFF, ESPECIALLY FOR THOSE OF US WHO'VE BEEN HANGING AROUND HERE FOR A MINUTE OR TWO.
THIS IS REALLY EXCITING AND AS A COUNCILWOMAN, MARTINEZ GARCIA STATED THAT THERE'LL BE SOME COMMUNITY MEETINGS COMING IN, JUST SO THOSE WHO ARE LISTENING HERE TODAY, TO DOLE BE PREPARED TO PUT YOUR BRAIN HERE.
UMBRELLA AND YOU GALOSHES, SO WE CAN MEET NO MATTER WHAT.
WE CAN GET THIS INFORMATION OUT THERE TO THE CITIZENS, WHO ARE VERY CONCERNED AND WHO HAVE BEEN WAITING WITH BATED BREATH IF I WOULD SAY THAT.
[OVERLAPPING] I APPRECIATE YOU SO MUCH FOR THIS INFORMATION.
ANY OTHER COMMENTS? MR. ATKINSON, ANY COMMENTS OR ANYTHING LIKE THAT? ALL RIGHT.
I'LL GO AHEAD AND ENTERTAIN ABOUT THOSE WHO FAVOR OF PASSING ITEMS 6.6, 6.7, AND 6.8.
WE ARE [NOISE] ADJOURNED FOR THE DAY.
* This transcript was compiled from uncorrected Closed Captioning.