[00:00:08] OKAY. LET'S GO. OKAY. ALL RIGHT, I NOW OPEN THE REGULAR CITY COUNCIL MEETING. THE LUBBOCK CITY COUNCIL FOR MAY 27TH, 2025. THE CITY COUNCIL WILL NOW RECESS INTO EXECUTIVE SESSION IN ACCORDANCE WITH TEXAS GOVERNMENT CODE 551.071 TO CONSULT WITH AND [1. Executive Session] SEEK ADVICE OF THE CITY'S LEGAL COUNSEL AND 551.072 TO DISCUSS THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY. THE CITY COUNCIL IS RECESSING AT 1:31 P.M. ALL RIGHT. [ Call to Order] THE CITY COUNCIL WILL NOW RECONVENE IN OPEN SESSION AND TAKE UP OUR CEREMONIAL ITEMS. [1. Invocation] I'M GOING TO CALL ON PASTOR JOHN STEWART OF SAINT JOHN'S UNITED CHURCH OF SAINT JOHN'S. YOU'RE NOT A SAINT YET, ARE YOU, JOSH? SAINT JOHN'S UNITED METHODIST CHURCH TO LEAD US IN OUR INVOCATION, AFTER WHICH OUR MAYOR PRO TEM WILL LEAD US IN THE PLEDGE TO OUR UNITED STATES AND TEXAS FLAG. PLEASE STAND AS YOU ARE ABLE. GOOD AFTERNOON, EVERYONE. GOOD AFTERNOON. I'D LIKE TO INVITE YOU TO PAUSE WITH ME FOR A MOMENT OF QUIET. AND IF WE COULD FIND A POSTURE OF PRAYER OR A TIME OF REFLECTION TOGETHER. HOLY GOD, WE GATHER IN WORK AND IN SERVICE OF THIS YOUR CITY. GROUND US IN GRATITUDE FOR THE PLACE THAT WE CALL HOME, FOR THE PEOPLE THAT WE CALL NEIGHBORS, FOR OUR LIVES THAT HAVE GROWN HERE. AS WE BEGIN THIS TIME OF MEETING, I PRAY FOR ALL WHO HAVE GATHERED. I PRAY ESPECIALLY FOR OUR CITY STAFF, COUNCIL AND MAYOR WHO GIVE OF THEMSELVES IN SUCH BIG WAYS MAKE OF US PEOPLE WHO LISTEN WELL, WHO ARE NOT AFRAID OF HARD QUESTIONS SO THAT WE CAN FIND RIGHT PATHS FORWARD. MAKE OF US PEOPLE WHO LEAD BY SERVING OUR NEIGHBORS, ESPECIALLY THOSE WHO ARE VULNERABLE, WHO ARE HURTING, WHO GO UNSEEN AND UNHEARD AND SHOW US THAT THERE IS GOOD HOPE HERE. HOPE THAT IS PRESENT IN OUR CITY. HOPE THAT IS PRESENT IN THIS ROOM FOR WHAT CAN BE FOR THE FUTURE OF THIS PLACE WE CALL HOME. AND I PRAY ALL OF THIS IN THE NAME OF GOD, THE CREATOR, REDEEMER, AND SUSTAINER. AMEN. LADIES AND GENTLEMEN, I KNOW THAT YESTERDAY WAS MEMORIAL DAY, BUT IF YOU WILL JOIN WITH THE PLEDGE OF ALLEGIANCE IN THERE [2. Pledges of Allegiance] IN REMEMBRANCE OF THEM. WE DIDN'T KNOW THEM ALL, BUT THEY GAVE THEIR ALL. SO PLEASE JOIN ME IN THE PLEDGE OF ALLEGIANCE. ALLEGIANCE]. PLEDGE]. THANK YOU. AND I'LL NOTE FOR THE RECORD THAT COUNCILMAN IS JOINING US BY ZOOM TODAY AND WILL BE PARTICIPATING IN THE MEETING AS WELL. OKAY. FIRST ITEM, WE WILL TAKE UP CITIZEN COMMENTS ACCORDING TO OUR RULES, ANY CITIZEN WISHING TO APPEAR IN PERSON BEFORE THE COUNCIL ON ANY MATTER POSTED ON OUR [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 May 27, 2025. Citizen Comments provide an opportunity for citizens to make comments and express a position on agenda items. ] AGENDA, MAY COMPLETE A SIGN UP FORM LATER, NO LATER THAN 2:00 ON THE DAY OF THE COUNCIL MEETING. AND SO, WE HAVE A NUMBER OF PEOPLE WHO WANT TO MAKE STATEMENTS TODAY. AND AS I CALL YOU, IF YOU WOULD COME FORWARD, STATE YOUR NAME AND YOUR ADDRESS. YOU'LL HAVE THREE MINUTES TO MAKE YOUR COMMENTS, AND A WARNING BELL WILL SOUND WHEN YOU'VE GOT 30 SECONDS LEFT, AND A FINAL ONE WHEN WE NEED YOU TO CONCLUDE YOUR REMARKS. SO FIRST I HAVE MR. RICK RODRIGUEZ. MR. RODRIGUEZ, COME FORWARD, PLEASE. THANK YOU. GOOD AFTERNOON. MAYOR, CITY COUNCIL. I APPRECIATE IT. MY NAME IS RICK RODRIGUEZ. MY ADDRESS IS 1628 19TH STREET. I HAVE THE HONOR OF SERVING AS THE CHIEF OPERATIONS OFFICER FOR THE LUBBOCK INDEPENDENT SCHOOL DISTRICT. AND I APPRECIATE THE OPPORTUNITY TO VOICE MY CONCERNS REGARDING ITEM 6.2 ON YOUR AGENDA THIS AFTERNOON. THE REQUESTED VARIANCE FROM THE APPLICABLE 300 FOOT MINIMUM DISTANCE PROVISION LISTED IN THE CITY'S ORDINANCE NUMBER 2009 00060, [00:05:05] WHICH WOULD ALLOW ALCOHOL SALES IN THE CLOSE PROXIMITY TO LOCATION WHERE LUBBOCK CITY HIGH SCHOOL STUDENTS ATTEND. THE REQUESTED LOCATION SITS ACROSS THE STREET FROM LUBBOCK HIGH SCHOOL ON 19TH STREET. THE EXISTING ORDINANCE SERVES AS AN IMPORTANT PURPOSE IN MAINTAINING A SAFE AND RESPONSIBLE ENVIRONMENT FOR OUR YOUTH. ALLOWING A VARIANCE IN THIS CASE SETS A CONCERNING PRECEDENT THAT COULD WEAKEN THE PROTECTIONS DESIGNED TO MINIMIZE UNDERAGE EXPOSURE TO ALCOHOL. HIGH SCHOOL STUDENTS ARE AT AN IMPRESSIONABLE AGE, AND PLACING ALCOHOL SALES NEAR THEIR REGULAR ACTIVITIES COULD INCREASE THE LIKELIHOOD OF UNDERAGE DRINKING, IMPAIRED JUDGMENT, AND OTHER RELATED ISSUES THAT IMPACT NOT ONLY THE STUDENTS BUT ALSO THE BROADER COMMUNITY. LOCAL ORDINANCES EXIST TO UPHOLD THE WELL-BEING OF RESIDENTS, AND I URGE THE COUNCIL TO CAREFULLY CONSIDER THE LONG TERM IMPLICATIONS OF GRANTING THIS VARIANCE. I KNOW THIS COUNCIL HAS TO BALANCE THE NEEDS OF OUR COMMUNITY AND STUDENTS WITH PROGRESS, AND I RECOGNIZE THAT CHALLENGES THAT THAT THIS TASK PRESENTS. IT DOES NOT GO UNNOTICED. I RESPECTFULLY ASK THAT YOU PRIORITIZE THE SAFETY AND THE BEST INTERESTS OF OUR STUDENTS AND OUR COMMUNITY AS A WHOLE. THANK YOU FOR YOUR TIME AND CONSIDERATION. NEXT, CALL UP, MR. DAVID MARTINEZ. GOOD AFTERNOON, MAYOR, CITY COUNCIL. I THOUGHT I WAS GOING TO COME DO SOME LEGAL WORK FOR MY CLIENT WHEN HE CALLED ME AND GAVE ME LITTLE STICKERS, SAID BE HERE ON MAY 27TH AT 2 P.M. FORTUNATELY FOR HIM, I'M NOT GOING TO DO ANY LEGAL WORK, BUT I AM GOING TO VOUCH FOR MR. ANDY AND MISS SWATI SHAH. THEY ARE OUTSTANDING BUSINESS PEOPLE. THEY HAVE THREE OTHER PACKAGE STORE PERMITS. THEY'VE NEVER HAD ANY VIOLATIONS. WITH TABC THEY EMPLOY PROBABLY AROUND 20 PEOPLE IN THEIR. BUSINESSES. I KNOW I'VE KNOWN HIM SINCE ABOUT 2002 BECAUSE I'VE DONE SOME LEGAL WORK CONCERNING LEASES AND CONTRACTS AND THINGS LIKE THAT. I KNOW THAT THE BIGGEST CONCERN WITH EVERYBODY IS ALWAYS. WELL IT'S CLOSE TO THE HIGH SCHOOL. THERE'S A RESTAURANT RIGHT NEXT DOOR THAT SELLS ALCOHOL. I'M SURE THAT RESTAURANT DOESN'T SELL TO THE CHILDREN WHEN THEY GO IN THERE TO EAT LUNCH, TO GO GET BREAKFAST BURRITOS IN THE MORNINGS. MY OFFICE IS NOW LOCATED AT 2407 20TH STREET, AND I SEE NO CONCERNS REGARDING OUR STUDENTS. I MYSELF HAVE ONE GRANDDAUGHTER LEFT IN JUNIOR HIGH AND SHE STAYS AWAY FROM ALCOHOL FROM VAPING SHOPS. NOT BECAUSE THEY'RE NOT AROUND HER, BUT BECAUSE SHE HAS BEEN INFLUENCED BY HER PARENTS, BY HER GRANDPARENTS, BY THE PEOPLE THAT TEACH THEM AT SCHOOL TO DO THE RIGHT THINGS. AND I KNOW THAT'S AN OVERALL CONCERN, BUT WE CAN'T PICK ON ANYBODY JUST BECAUSE THEY WANT TO MAKE A GOOD PLACE OF BUSINESS. THERE'S A VAPE SHOP RIGHT NEXT DOOR RIGHT NOW. THAT LOCATION IS VACANT USED TO BE AN H&R BLOCK BUILDING OR AT LEAST TEMPORARY BUSINESS. AND IT'S BEEN VACANT NOW FOR SEVERAL YEARS. SO WITH ALL THE CONSTRUCTION GOING ON 19TH. I DON'T THINK THAT THIS THE COUNCIL GRANTING THE VARIANCE IS GOING TO HARM OUR CHILDREN. THANK YOU VERY MUCH. NEXT, I'LL CALL FOR KETAN TALATI. DID I SAY THAT RIGHT? I HOPE I DID. RESPECTED MAYOR AND CITY COUNCIL MEMBER. THANK YOU FOR GIVING THE OPPORTUNITY TO COME UP HERE. LISTEN TO ME. COUPLE WORDS AND I KNOW HIM FOR YEARS. HE'S MY BROTHER IN LAW. HE'S BEEN INVOLVED IN THE BUSINESS FOR LIKE 25 PLUS YEARS IN HOCKLEY COUNTY AND LUBBOCK COUNTY. WE'VE BEEN A PARTNER SEVERAL TIMES AS FAR AS THE HIGH SCHOOL CONCERN. I HAVE SEEN MANY PLACES HAS A LIQUOR LICENSE ACROSS THE SCHOOL. [00:10:02] I MEAN, THEY ARE VERY RESPONSIBLE PEOPLE, VERY WELL EDUCATED IN THIS INDUSTRY TO SERVE AND WHO NOT TO SERVE. I DON'T SEE ANY PROBLEM ABOUT. I MEAN, HIGH SCHOOL KIDS ARE ALREADY PRETTY MUCH KNOW WHAT THEY ARE DOING, WHAT TO BUY, WHAT NOT TO BUY. AND I DON'T SEE, YOU KNOW, IT WILL HELP COMMUNITY AND BUSINESS OWNERS AS WELL. THANK YOU. MR. HENRY PATEL. DEAR MAYOR, CITY COUNCIL. MY NAME IS HENRY PATEL. I LIVE ON 48,302ND STREET. I HAVE KNOWN ANDY AND SWATI SHAH FOR OVER 25 YEARS AND GREAT FRIEND, GREAT CITIZEN OF LUBBOCK, TEXAS. OUTSTANDING BUSINESSPEOPLE. THEY HAVE RAISED THEIR FAMILY HERE AND THEY INTEND TO STAY HERE IN LUBBOCK AND CONTINUE DOING THEIR BUSINESS. I UNDERSTAND THE CONCERN OF MR. RODRIGUEZ ABOUT CLOSE TO THE SCHOOL DISTRICT. OKAY. BUT MR. AND MRS. SHAH WILL DO AN OUTSTANDING JOB OF PROTECTING PEOPLE AND OUR COMMUNITY AND OUR STUDENTS. SO HE HAS MY FULL SUPPORT IN THIS CASE. AND YOU GUYS WILL GRANT HIM PERMISSION TO OPERATE THIS BUSINESS. THANK YOU VERY MUCH. OKAY. THANK YOU. THAT COMPLETES OUR CITIZEN COMMENTS TODAY. WE'LL NOW TAKE UP ITEM AGENDA ITEM 4.1, THE MINUTES FROM OUR APRIL 22ND [4. Minutes] REGULAR CITY COUNCIL MEETING. IS THERE A MOTION TO APPROVE ITEM 4.1? THANK YOU, MAYOR PRO TEM, IS THERE A SECOND? SECOND? THANK YOU, MR. HARRIS. ANY DISCUSSION OR ANY CHANGES? I SEE NONE. ALL IN FAVOR OF APPROVING THE MINUTES FROM APRIL 22ND, 2025. PLEASE LET ME KNOW BY SAYING AYE. AYE. ANY OPPOSED? SAY NAY. AND IS MR. STILL ON? CAN YOU? HE'S OVER HERE? ALL RIGHT. CAN YOU HEAR US? MR. [INAUDIBLE]. I AM. OKAY? YOU MIGHT WANT TO TURN ON YOUR MIC SO WE CAN HEAR YOUR RESPONSE. DID YOU VOTE IN FAVOR OF MR. [INAUDIBLE]? OKAY. THANK YOU. SO THAT PASSES UNANIMOUSLY. WE'LL NOW TAKE UP ITEM FIVE, 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.] THERE HAS NOT BEEN A REQUEST TO REVIEW ANY ITEMS FROM THE CONSENT AGENDA. SO, I WILL ENTERTAIN AT THIS TIME A MOTION TO APPROVE THE CONSENT AGENDA IN ITS ENTIRETY. IS THERE SUCH A MOTION? SO MOVED. THANK YOU. MAYOR PRO TEM, A SECOND. SECOND. MR. ROSE, ANY DISCUSSION? SEEING NONE. ALL IN FAVOR, LET IT BE KNOWN BY SAYING I. I ANY OPPOSED. SAY NAY. I HEAR NONE. MOTION PASSES UNANIMOUSLY. WE'LL NOW MOVE ON TO OUR REGULAR AGENDA. WE'LL START WITH ITEM 6.1 AND CONDUCT A HEARING ON ZONE CASE 3522. [1. Public Hearing - Planning (District 4): Consider a request for Zone Case 3522, a request of Wayne & Marilyn Downing, for a zone change from Low Density Single-Family District (SF-2) to Auto-Urban Commercial District (AC), at 11713 Indiana Avenue, located east of Indiana Avenue and north of 118th Street, Speedy Acres Addition, Lot 3, and consider an ordinance.] A REQUEST FROM WAYNE AND MARILYN DOWNING FOR A ZONE CHANGE FROM LOW DENSITY SINGLE FAMILY DISTRICT SF TWO TO AUTO URBAN COMMERCIAL DISTRICT AC AT 11 713 INDIANA AVENUE. THE PURPOSE OF THIS PUBLIC HEARING IS TO HEAR FROM THE APPLICANT AND FROM ANY MEMBERS OF THE PUBLIC WISHING TO SPEAK TO IT. THE COUNCIL MAY ASK QUESTIONS OF THE APPLICANT OR STAFF DURING THE PUBLIC HEARING, BUT NO DISCUSSION ON THE MERITS WILL BE CONDUCTED BY THE COUNCIL DURING THE PUBLIC HEARING. SO I NOW CALL ON KRISTEN SAGER TO PROVIDE A BRIEF SUMMARY OF THIS AGENDA ITEM. THAT'S THE SUBJECT OF THE PUBLIC HEARING TODAY. THANK YOU. GOOD AFTERNOON, MAYOR AND COUNCIL. ITEM 6.1 IS A REQUEST FOR A ZONE CHANGE FROM LOW DENSITY SINGLE FAMILY SF TWO TO AUTO URBAN COMMERCIAL DISTRICT AC. WE SENT OUT 15 NOTIFICATIONS, RECEIVING NO RESPONSE. THIS PROPERTY IS LOCATED SOUTH OF 114TH STREET, EAST OF INDIANA AVENUE IN DISTRICT FOUR. HERE'S AN AERIAL VIEW OF THE SUBJECT PROPERTY. THERE IS AN EXISTING COMMERCIAL BUILDING ON THE PROPERTY WITH ADJACENT COMMERCIAL BUILDINGS NEARBY. CURRENT ZONING IS LOW DENSITY SINGLE FAMILY SF TWO. THERE IS AUTO URBAN COMMERCIAL TO THE NORTH, SOUTH AND WEST, AND HEAVY COMMERCIAL TO THE EAST. THE FUTURE LAND USE PLAN DOES EXIST PROPERTY FOR COMMERCIAL LAND USES. AND HERE ARE SOME PHOTOS OF THE SUBJECT, PROPERTY AND SURROUNDING AREA. THE FUTURE LAND USE MAP DESIGNATION FOR COMMERCIAL LAND USES IS CONSISTENT WITH THE REQUEST FOR A ZONING. THE ZONING CHANGES IN CONFORMANCE WITH THE ZONING ORDINANCE AND COMPATIBLE WITH THE SURROUNDING AREA. INDIANA AVENUE IS DESIGNATED AS A PRINCIPAL ARTERIAL BY THE MASTER [00:15:01] THOROUGHFARE PLAN. STAFF HAS NO OBJECTION TO THE REQUEST, AND THE PLANNING AND ZONING COMMISSION RECOMMENDED APPROVAL WITH A UNANIMOUS VOTE, AND I'D BE PLEASED TO ANSWER ANY QUESTIONS. CAN YOU HEAR ME? TEST. TEST. ARE THERE ANY QUESTIONS? I DID. I WAS SPEAKING WITH SOMEONE BEFORE THE MEETING. ASKED A QUESTION ABOUT THAT. IT WAS IT IS ZONED SF-2 IN THE MIDDLE OF ALL, A LOT OF COMMERCIAL DESIGNATION PROPERTY. SO THE QUESTION WAS HOW IS IT THAT IT WAS SF-2 IN THE FIRST PLACE? IT WAS ANNEXED AS TRANSITION. AND THEN WHEN WE ADOPTED THE UNIFIED DEVELOPMENT CODE, IT BECAME SF TWO LOW DENSITY RESIDENTIAL. THAT'S SORT OF AN AUTOMATIC DESIGNATION AT THAT POINT. BUT THAT DOESN'T MEAN THAT THE USE IT DOESN'T NECESSARILY CONFORM WITH THE BEST USE OF THE PROPERTY AS THINGS START TO DEVELOP. AND THAT'S WHY SOMETIMES WE ARE CHANGING THE ZONING ON SF TWO. JUST WANTED TO ANSWER THAT, THAT QUESTION. THEY WERE CONCERNED ABOUT THAT. IT FITS AND IT'S CONSISTENT WITH OUR PLAN. YES. THE BUILDING WAS CONSTRUCTED OUTSIDE CITY LIMITS. SO IT IS NONCONFORMING AND CAN CONTINUE IN ITS CURRENT STATE. BUT ANY CHANGE WOULD REQUIRE A ZONE CHANGE. AND SO THAT'S WHAT WE'RE VOTING ON TODAY IS THE ZONE CHANGE. THANK YOU VERY MUCH. APPRECIATE IT. ALL RIGHT I'LL NOW OPEN THE PUBLIC HEARING ON ITEM 6.1. IS THERE ANYONE WISHING TO SPEAK IN FAVOR OF ITEM 6.1 THAT'S HERE TODAY? ANYONE IN FAVOR? OR IS THERE ANYONE HERE WISHING TO SPEAK IN OPPOSITION TO ITEM 6.1. I SEE NONE. I WILL NOW CLOSE THIS PUBLIC HEARING AT 2:43 P.M. I'LL NOW ENTERTAIN A MOTION TO APPROVE ITEM 6.1. THANK YOU, DR. WILSON. IS THERE A SECOND? THANK YOU. WAS THERE FROM. OKAY, MR. COLLINS? ANY DISCUSSION? ALL RIGHT, ALL IN FAVOR, PLEASE, MR. COLLINS. AND THANK YOU. I JUST WANTED TO ASK WHEN THIS PROPERTY CAME IN. WHAT ABOUT THE ADJACENT PROPERTIES? HAVE THEY HAD TO GO THROUGH THIS PROCESS? YES. AND SO, THEY'VE BEEN THROUGH IT. IS THEIR COST TO THE OWNERS TO DO THIS? YES. THE APPLICATION FEE FOR A ZONE CHANGE IS $500 UP TO ONE ACRE AND $5 FOR EACH ADDITIONAL ACRE OR PORTION THEREOF, ROUNDED UP TO THE NEXT WHOLE NUMBER. OKAY. THANK YOU. BUT UNDER THE WAY IT IS, I THINK THEY CAN CONTINUE TO USE THE PROPERTY THE WAY IT IS. IT'S JUST IF THEY WANT TO BECAUSE IT'S A NON-CONFORMING USE. BUT IF THEY WANT TO DO ANYTHING NEW TO IT, THEY'LL HAVE TO GET THE ZONING CHANGE. SO THAT WOULD BE THE REASON THEY MIGHT WANT TO CHANGE IT. THAT'S AT THIS POINT. YES. OKAY. DOES THAT MAKE SENSE? OH, I UNDERSTAND. OKAY. I THINK I UNDERSTAND THE ISSUE. I'M JUST, YOU KNOW, SOMEWHAT CONCERNED THAT OUR CITIZENS HAVE TO PAY A FEE TO BE CONFORMING WHEN THEY WERE CONFORMING ALL ALONG. AND WHEN THEY WERE ANNEXED, IT WAS MAYBE NOT BY CHOICE. AND SO, I DON'T THINK THIS WAS A SINGLE TRACKED VOLUNTARY ANNEXATION, BUT IT WAS IT WAS GATHERED UP IN A GROUP AND WAS PRETTY OBVIOUS THE USE OF THE PROPERTY AT THE TIME. AND WE'VE PUT THIS BURDEN ON THAT PARTICULAR LANDOWNER AND EVERY OTHER LANDOWNER UP AND DOWN THAT AREA WITH THE ANNEXATION TO, TO MAKE THAT CHANGE. AND I'M JUST, I GUESS, YOU KNOW, BEATING A DRUM THAT DOESN'T NEED TO BE POUNDED ON TODAY. BUT THERE YOU GO. THANK YOU. WELL, THAT'S IT'S NOT A BAD POINT YOU'RE RAISING THERE, THOUGH, AND IT MIGHT BE SOMETHING WE WOULD WANT TO TAKE A LOOK AT AND ASK OUR DEPARTMENT TO TAKE A LOOK AT, AND WE'LL TAKE THAT UNDER ADVISEMENT. THANK YOU, MR. COLLINS. APPRECIATE IT. ANY FURTHER DISCUSSION? MAYOR PRO TEM, I THINK IF I'M CORRECT, KRISTEN, WOULDN'T THEY HAVE HAD A CHANCE THEN WHEN WE WERE ANNEXING THEM TO EXPRESS THEIR CONCERN? ABSOLUTELY, YES. SO THEY WOULD HAVE. I MEAN, IT WAS A FORETELLING THAT THEY'D BE PAYING THAT FEE IF THEY WANTED TO CONFORM. YES. THANK YOU. ANY FURTHER DISCUSSION? I SEE NONE. SO WE'LL NOW TAKE A VOTE. ALL IN FAVOR OF APPROVING ITEM 6.1. PLEASE LET IT BE KNOWN BY SAYING AYE. AYE. ANY OPPOSED? SAY NAY. I HEAR NONE MOTION PASSES UNANIMOUSLY. I'LL TAKE UP ITEM 6.2, AND AGAIN I'LL CALL ON MISS SAGER TO PROVIDE A BRIEFING ON THIS ITEM. [2. Resolution - Planning: Consider a resolution approving and granting a variance from the applicable 300-feet minimum distance provision of the City of Lubbock Ordinance No. 2009-O0060, at 1905 19th Street, for an alcoholic beverage permit for Endzone Liquor Beer Wine.] GOOD AFTERNOON. ITEM 6.2 IS A RESOLUTION FOR A VARIANCE TO THE REQUIRED 300 FOOT SEPARATION FOR A BUSINESS TO OBTAIN A TABC LICENSE. THIS PROPERTY IS LOCATED AT 1905 19TH. THE REQUEST IS FOR A PACKAGE STORE, WHICH WOULD BE FOR OFF PREMISE SALES ON 524 OF [00:20:02] 2022. THREE YEARS AGO, COUNCIL DENIED A VARIANCE REQUEST FOR IN ZONE NUMBER FOUR TO OPEN A PACKAGE STORE ON THE SAME PROPERTY AT 1915 19TH. THIS PROPERTY IS LOCATED WITHIN 300FT OF LUBBOCK HIGH SCHOOL. AND JUST FOR A VISUAL. THIS IS A MULTI-TENANT BUILDING ON A SINGLE PROPERTY. AND SO, EACH TENANT HAS DIFFERENT HAS ITS OWN ADDRESS NUMBER RATHER THAN ITS OWN SUITE NUMBER. SO, THE REQUEST TODAY IS FOR 1905. THE REQUEST THREE YEARS AGO IS AT 1915, AND THE PROPERTY IS 186FT FROM LUBBOCK HIGH SCHOOL. AND I'D BE PLEASED TO ANSWER ANY QUESTIONS. ARE THERE ANY QUESTIONS? MR. HARRIS? YES. ARE THERE ANY SCHOOLS HERE IN LUBBOCK THAT HAVE LIQUOR STORES LESS THAN 300FT? IT'S POSSIBLE. I COULD RESEARCH THAT AND GET THAT INFORMATION TO YOU. THANK YOU. DO YOU HAPPEN TO KNOW, MISS SAGER, HOW LONG WE HAVE HAD THIS 300 FOOT ORDINANCE IN PLACE? SINCE 2009. SINCE 2009? YES. ALL RIGHT. ANY FURTHER QUESTIONS, MR. ROSE. THANKS, CHRISTIAN. WHEN WAS THE LAST TIME? IF YOU KNOW, WE ISSUED A VARIANCE FOR SOMETHING LIKE THIS, SPECIFICALLY FOR A PACKAGE STORE OR JUST IN GENERAL, JUST FOR A PACKAGE ALCOHOL SALES. I MEAN, IT PROBABLY WITHIN THE LAST FIVE YEARS. AGAIN, I'D HAVE TO RESEARCH IT. AND WE, I BELIEVE A FEW MONTHS AGO, JUST DOWN THE STREET AT BYRON MARTIN ADVANCED TECHNOLOGY CENTER, WE HAD THE SAME ISSUE. CORRECT. YES. YOU HAD TWO DIFFERENT PROPERTIES, BOTH WITHIN 300FT FROM THAT SCHOOL. AND I BELIEVE THEY WERE BOTH DENIED, AND THEY WERE BOTH DENIED. RIGHT. THANK YOU. AND THE MENTION WAS MADE OF THE FACT THAT THERE'S A RESTAURANT RIGHT ACROSS THE STREET THAT DOES SERVE ALCOHOL. IS THERE ANY RESTRICTION ON A RESTAURANT THAT SERVES ALCOHOL BEING WITHIN A CERTAIN DISTANCE OF A SCHOOL. THERE HAS BEEN SINCE 2009, SO PRIOR TO 2009, BEFORE THE CITY OF LUBBOCK HAD THE WET DRY ELECTION AND BECAME WET, WE HAD LIQUOR BY THE DRINK SALES, WHICH WOULD BE GOING INTO A RESTAURANT, ORDERING A DRINK, DRINKING IT THERE. WE DID NOT HAVE ANY PACKAGE SALES, SO IT IS ENTIRELY POSSIBLE YOU HAVE RESTAURANTS WITHIN 300FT THAT WERE ESTABLISHED PRIOR TO 2009, AND I KNOW THAT SINCE I'VE BEEN ON THE COUNCIL, WE'VE DENIED ONE SEVERAL TIMES THAT WANTED TO BE LOCATED A RESTAURANT SERVING ALCOHOL CLOSE TO HODGES. YES, OF COURSE THERE'S NOT GOING TO BE A SCHOOL THERE NOW, SO I DON'T KNOW IF THEY'LL COME BACK NOW, BUT ALL RIGHT. MAYOR PRO TEM, AND JUST TO NOTE THAT THE RESTAURANT ACROSS THE STREET, I LOOKED IT UP, AND IT DOES NOT SELL ALCOHOL. OKAY. SO JUST WANTED TO CONFIRM THAT JUST BECAUSE I THINK IT'S IMPORTANT TO BE AWARE OF THAT TYPE OF STUFF. AND THEY DO NOT SELL ALCOHOL. THANK YOU. ANY OTHER QUESTIONS? ALL RIGHT. THEN I'LL ASK FOR A VOTE. ALL THOSE IN FAVOR OF APPROVING THIS VARIANCE, PLEASE LET IT BE KNOWN BY SAYING I. EXCUSE ME. WE DON'T HAVE A MOTION YET. I'M SORRY. I THINK THAT WAS JUST A PUBLIC HEARING. THAT WAS JUST A PUBLIC HEARING PART. YES. NOT THE PUBLIC HEARING. THAT WAS NOT A PUBLIC HEARING. THAT WAS JUST THE DISCUSSION. RIGHT? ALL RIGHT. ANY OTHER QUESTIONS FOR MISS SAGER? ALL RIGHT. THEN I WILL ENTERTAIN A MOTION TO APPROVE ITEM 76.2. SO MOVED. MR. ROSE, THANK YOU. SECOND. SECOND. DOCTOR. WILSON. ALL RIGHT. ANY FURTHER DISCUSSION? MAYOR PRO TEM, I JUST WANT TO KNOW, WHILE I APPRECIATE THAT THERE WAS A LOT OF FOLKS SPEAKING ON BEHALF OF ANDY OR THE SHAWS, I BELIEVE IS THE LAST NAME AND THEIR GOOD CHARACTER. THAT'S VERY APPRECIATED. UNFORTUNATELY, I ALSO AGREE THAT THERE WOULD BE LONG TERM IMPLICATIONS, AND THIS IS AN AGE WHERE YOUNG PEOPLE ARE VERY IMPRESSIONABLE. AND EVEN THOUGH THERE'S CONSTRUCTION GOING ON IN THE STREET, WHEN IT IS COMPLETE, THEN THERE YOU WOULD BE. AND FOR ME, I HAVE A PROBLEM WITH THAT. WE HAVE A VARIANCE, OR WE HAVE WE HAVE ALREADY DENIED FOLKS IN THE PAST, AND I BELIEVE THAT THIS IS NOT A GOOD MESSAGE. [00:25:01] WHILE I APPRECIATE THAT YOU WANT TO BRING YOUR BUSINESS, I THINK IT'S IMPORTANT. I WISH THERE WERE OTHER WAYS. BUT THIS I DON'T THINK IS GOOD FOR THAT AREA BECAUSE, LIKE SOMEBODY SAID, THE KIDS KNOW WHAT THEY WANT, AND SOME WILL DO WHATEVER IT TAKES TO GET WHAT THEY WANT. AND WE HAVE ENOUGH SITUATIONS IN OUR COMMUNITY THAT I WILL NOT SUPPORT A PACKAGE STORE IN THIS NEIGHBORHOOD OR THIS PROXIMITY TO LUBBOCK HIGH SCHOOL. AND I APPRECIATE YOU ALL, BUT IT IS NOT A POSITIVE THING FOR THE CHILDREN OF THIS SCHOOL. THANK YOU. DR. WILSON. YEAH. SO, I JUST WANT TO POINT OUT I ACTUALLY DISAGREE WITH ALL OF THAT. I, AS A PEDIATRICIAN, DON'T THINK ALCOHOL SIGNS AT ALL ACTUALLY INFLUENCE CHILDREN TO DRINK ALCOHOL. ANY DIFFERENT THAN HAVING ANY BUSINESS NEAR A SCHOOL IS GOING TO MAKE CHILDREN DO SOMETHING ONE WAY OR ANOTHER. AND I THINK ALL OF US ARE VERY REALISTIC TO KNOW THAT IF A CHILD IS GOING TO DRINK ALCOHOL IN HIGH SCHOOL, THEY'RE GOING TO DRINK ALCOHOL IN HIGH SCHOOL, IT DOESN'T MATTER WHAT STORE IS NEAR THEM. AND I GUARANTEE YOU THEY'RE NOT WALKING INTO PACKAGE STORES. PURCHASING SAID ALCOHOL. AND I BET WE COULD ALL SIT UP HERE AND REMINISCE ON WHO BOUGHT ALCOHOL FOR US WHEN WE WERE A TEENAGER. BUT WHAT I DO BELIEVE IS IN PROPERTY RIGHTS AND PEOPLE HAVING THE RIGHT TO RUN A BUSINESS, ESPECIALLY IN A DIFFICULT ECONOMY. BUT I ALSO BELIEVE I BELIEVE IN POLICY AND ORDINANCES. AND SO, I ACTUALLY DISAGREE WITH THE FACT THAT WE DO NOT ALLOW PEOPLE TO RUN THEIR BUSINESS IN A MANNER THAT IS LEGAL. BUT CURRENTLY THE CITY OF LUBBOCK DOES HAVE AN ORDINANCE IN PLACE. AND SO, AND I DO BELIEVE THAT THE WAY YOU CHANGE POLICIES, YOU CHANGE POLICY. AND SO, I DO NOT SUPPORT THE ORDINANCE IN PLACE AS IT IS, BUT I DO BELIEVE IN FOLLOWING POLICY, AND I DISAGREE WITH THE ARGUMENT THAT A STORE NEAR BEING, BEING NEAR THAT SCHOOL IS ACTUALLY GOING TO INFLUENCE THESE KIDS. SO I APPLAUD YOU IN TRYING TO OPEN YOUR BUSINESS. WE DO CURRENTLY HAVE AN ORDINANCE THAT DENIES THAT PARTICULAR BUSINESS BEING THERE. BUT I WANT YOU TO KNOW, I DON'T THINK IT'S FOR THE ARGUMENT THAT IT WOULD INFLUENCE CHILDREN TO DRINK ALCOHOL. THANK YOU, DOCTOR WILSON. ANYONE ELSE? WELL I TEND TO AGREE WITH THE ARGUMENT JUST MADE THAT IT'S NOT MUCH OF AN INFLUENCE. NOT THAT STRONG OF AN INFLUENCE. I ALSO AGREE THAT THE SHAH'S DO SEEM TO BE GOOD. GOOD PEOPLE. GOOD BUSINESSPEOPLE. WE DO HAVE AN ORDINANCE IN PLACE, AND I DO SUPPORT THE ORDINANCE. I GENERALLY AM VERY SUPPORTIVE OF BUSINESSES. BUT I THINK IT'S REALLY ABOUT THE ENVIRONMENT AROUND THE SCHOOL. NOT SO MUCH THE INFLUENCE. BUT WE NEED TO PROTECT THE ENVIRONMENT RIGHT AROUND OUR SCHOOLS OR THE PROBABLY ONE OF THE MOST IMPORTANT THINGS WE HAVE IN OUR CITY. OUR CHILDREN ARE OUR MOST IMPORTANT THING. I KNOW A LOT OF CITIES WHEN YOU START CHANGING THE RULES AND MAKING VARIANCES QUICKLY, THINGS GO DOWNHILL. I THINK WE REALLY WANT TO PROTECT THE ENVIRONMENT AROUND OUR SCHOOLS AS MUCH AS POSSIBLE, AND I THINK 300FT IS A REASONABLE ACCOMMODATION BETWEEN PROPERTY RIGHTS AND PROTECTING AN ENVIRONMENT AROUND A SCHOOL. BUT WE MAY WANT TO REVISIT THAT. AGAIN. THIS IS NOT A COMMENT ON YOUR BUSINESS OR YOUR PRACTICES. CERTAINLY, THERE ARE PLACES WHERE YOU CAN LOCATE YOUR BUSINESS AND WILL BE VERY SUPPORTIVE OF THAT. BUT VARIANCES ARE ONE OF THOSE THINGS WE HAVE TO LOOK AT VERY CAREFULLY. SO I DON'T THINK I CAN SUPPORT IT. WE'VE NOT DONE IT IN THE PAST AND I'M NOT PREPARED TO DO IT AT THIS POINT. ANYONE ELSE? ALL RIGHT. NO FURTHER DISCUSSION. ALL IN FAVOR OF 6.2? LET IT BE KNOWN BY SAYING AYE. AYE. ALL OPPOSED. SAY NAY. NAY. THE ITEM FAILS UNANIMOUSLY. ALL RIGHT. HAVING EXHAUSTED ALL ITEMS ON OUR AGENDA, THIS MEETING IS ADJOURNED. * This transcript was compiled from uncorrected Closed Captioning.