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[00:00:05]

I'LL NOW OPEN THE REGULAR CITY COUNCIL MEETING OF THE CITY OF LUBBOCK FOR FEBRUARY 10, 2026, AND WE WILL RECESS

[1. Executive Session]

NOW INTO EXECUTIVE SESSION.

IN ACCORDANCE WITH TEXAS GOVERNMENT CODE 551.071 TO CONSULT WITH AND SEEK THE ADVICE OF OUR CITY'S LEGAL COUNSEL, 551.072, TO DISCUSS THE PURCHASE EXCHANGE. VALUE OF REAL PROPERTY AND 551.0.73 TO DISCUSS A PROSPECTIVE GIFT OR DONATION RELATING TO AGENDA ITEM 6.16. THE COUNCIL NOW IS RECESSING AT 12.02 P.M. ALL RIGHT, THE

[1. Comprehensive Safety Action Plan Presentation and Discussion - Traffic Engineering]

CITY COUNCIL IS NOW RECONVENING AN OPEN SESSION. WE'LL TAKE UP A WORK SESSION FOR A PRESENTATION ON A COMPREHENSIVE SAFETY ACTION PLAN. AND I'M GOING TO CALL, IT SAYS CITY MANAGER, BUT I GUESS YOU'LL CALL ON MR. BRAGG TO GIVE US THAT PLAN, RIGHT? YES, SIR. MR. MAYOR, COUNCIL, WELCOME. READY TO JUMP INTO THE WORK SESSION. DAVID BRAGG, OUR INTERIM DIRECTOR OF PUBLIC WORKS, IS GOING TO QUICKLY TAKE US THROUGH THE COMPREHENSIVE SAFETY ACTION PLAN. COUNCIL, AS A REMINDER, THIS IS ON YOUR CONSENT AGENDA FOR A LITTLE BIT LATER TODAY.

SO, DAVID, PLEASE. GOOD AFTERNOON, MAYOR AND COUNCIL. I WILL QUICKLY GIVE YOU A HIGH-LEVEL OVERVIEW OF OUR COMPREHENSIVE SAFETY ACTION PLAN. IN 2022, THE DEPARTMENT OF TRANSPORTATION STARTED THE SAFE STREETS FOR ALL PROGRAM TO IMPROVE ROADWAY SAFETY FOR ALL USERS. THE SAFE STREETS FOR ALL PROGRAM IS A TWO-STEP GRANT PROCESS THAT STARTS WITH DEMONSTRATION GRANTS SUCH AS THE SAFETY ACTION PROJECTS. THE NEXT STEP IN THE GRANT PROCESS IS IMPLEMENTATION GRANTS. THESE GRANTS ARE GRANTS UTILIZED TO IMPROVE ROADWAY SAFETY BY APPLYING STRATEGIES THAT ARE IDENTIFIED IN SAFETY ACTION PLANS. IN FEBRUARY OF 2023, THE CITY WAS AWARDED $160,000 BY THE FEDERAL HIGHWAY ADMINISTRATION, WHICH REQUIRED A $32,000 CITY PARTICIPATION.

THAT $32,000 WAS ACCOMPLISHED FROM INCOME CONTRIBUTION FROM STAFF TIME THROUGHOUT THE PROJECT. IN JULY OF 2023, COUNCIL AWARDED, THEY PASSED A RESOLUTION WHICH AWARDED THE GRANT AND THE PROJECT FOR.

PARTNERED WITH OUR FRIENDS AT KIMLEY HORN AND ASSOCIATES.

IN SEPTEMBER OF 25, JUST LAST FALL, CITIZENS TRAFFIC COMMISSION VOTED TO APPROVE THE COMPREHENSIVE SAFETY ACTION PLAN THAT WAS PUT TOGETHER BY KIMLEY HORN AND OUR DEPARTMENT. IN OCTOBER OF 2025, THE LUBBOCK MPO'S TRANSPORTATION POLICY COMMITTEE APPROVED THEIR OWN SAFETY ACTION PLAN. NOW, THIS PLAN INCORPORATED ELEMENTS OF THE CITY'S SAFETY ACTION PLAN, THE COUNTY'S SAFETY ACTION PLAN, AND SPAG SAFETY ACTION PLAN. SO WHAT IT DID IS IT INCORPORATED ALL THREE PLANS AND MADE ONE UNIFIED PLAN FOR THE ENTIRE REGION THAT THE MPO ENCOMPASSES. WHY IS A SAFETY ACTION PLAN IMPORTANT TO THE CITY? SO, FIRST AND FOREMOST, IT'S A BASIC BUILDING BLOCK TO IMPROVE ROADWAY SAFETY FOR THE CITY. SO, TRAFFIC ENGINEERING DEPARTMENT WILL UTILIZE THIS PLAN TO... LOOK AT AREAS THAT CAN BE IMPROVED AND WAYS TO IMPROVE THOSE. ANOTHER HUGE THING THAT'S IMPORTANT TO THE CITY IS IT WILL HELP FUTURE FUNDING OPPORTUNITIES FOR FEDERAL FUNDINGS. THE MPO UTILIZES WHAT'S CALLED DECISION LENS TO HELP RANK PROJECTS THAT ARE SUBMITTED FOR FUNDING. ONE OF THESE SCORING CRITERIA IS A DECISION LENS IS BASED ON WHETHER OR NOT AGENCY HAS THE SAFETY ACTION PLAN IN PLACE.

DUE TO THE FACT THAT SPAG AND LUBBOCK COUNTY ALREADY HAVE A SAFETY ACTION PLAN PUT IN PLACE, OUR PROJECTS SUBMITTED WILL GO HEAD-TO-HEAD TO OTHER AGENCIES THAT HAVE SAFETY ACTION PLANS SET IN PLACE. SO IT'S VERY IMPORTANT THAT WE HAVE THIS PLAN SET IN PLACE. SO THAT WE GET FULL POINTS AND AND WE CAN GO HEAD TO HEAD AND GET FULL CRITERIA OR FULL POINTS IN THAT CRITERIA. SO A LOT OF POTENTIAL FEDERAL FUNDING IS RELATED TO HAVING THIS PLAN IN PLACE. THE COMPONENTS OF A

[00:05:05]

COMPREHENSIVE SAFETY ACTION PLAN INCLUDE LEADERSHIP COMMITMENT, WHICH THAT IS, CITY COUNCIL AND MAYOR, PLANNING STRUCTURES. SO WE HAD AN OVERSIGHT COMMITTEE HELP GUIDE THIS PROJECT THROUGH THE PROCESS. THAT COMMITTEE WAS COMPRISED OF DIFFERENT DEPARTMENTS AND PARTNERS THROUGHOUT THE CITY.

SO WE HAD POLICE, FIRE, ENGINEERING, PLANNING, SOME FOLKS FROM THE CYCLING COMMITTEE. WE HAD CITYBUS, TEXAS TECH, MPO MEMBERS, ALL PART OF THE COMMITTEE. THEY HELPED DRAW UP THIS SAFETY ANALYSIS.

THE BIG PART OF THE ANALYSIS WAS DONE BY OUR CONSULTANTS. THAT'S THE SAFETY ANALYSIS COMPONENT. WE DID COMMUNITY ENGAGEMENT. WE HAD TWO PUBLIC EVENTS. WE ALSO HAD A SURVEY ON OUR WEBSITE.

THAT WAS UP FOR SEVERAL MONTHS. THE COMMITTEE LOOKED AT DIFFERENT POLICIES AND PRACTICES THAT WE DO THROUGHOUT THE CITY, NOT JUST TRAFFIC MANAGEMENT, BUT SEVERAL OTHER DEPARTMENTS THROUGHOUT THE CITY, WAYS THAT WE CAN IMPROVE SAFETY, NOT JUST ROADWAY SAFETY, BUT AS IT LOOKS AT SIDEWALKS AND JUST ALL MEANS OF ALL MODES OF TRANSPORTATION. OTHER COMPONENTS OF THE SAFETY ACTION PLAN INCLUDE STRATEGIES AND PROJECT SELECTION. SO THESE ARE, THESE ARE DIFFERENT COUNTERMEASURES. SO, IN OTHER WORDS, IF THERE ARE WAYS THAT WE CAN ENHANCE SAFETY, HOW CAN WE DO, HOW CAN WE MAKE, HOW CAN WE IMPROVE SAFETY? WHAT ARE THOSE COUNTERMEASURES? AND THEN THE LAST THING SET INTO PLACE IS WE NEED TO DO A YEARLY REVIEW OF THIS PLAN. MAKE SURE IT'S STILL RELEVANT TO OUR CITY AS WE MOVE FORWARD. I HAVE A COUPLE SLIDES SHOWING THE DATA THAT WAS BROUGHT OUT WITHIN THIS PLAN. SO THIS ONE SHOWS THAT. LUBBOCK HAD THE SECOND LOWEST NUMBER OF CRASHES INVOLVING FATALITIES OR INJURIES AMONG SOME OF THE PEER CITIES LOOKED AT BETWEEN THE YEARS 2019-2023.

THIS ONE SHOWS FACTORS IN...

COLLISIONS THROUGHOUT OUR CITY, SO AS YOU CAN SEE, FAILURE TO CONTROL SPEED IS A MAJOR ONE.

SO ONE WAY TO HELP WITH THIS IS TO HELP LOOK AT WHAT CONTRIBUTES TO SPEEDING, TRY TO HELP ADDRESS THOSE FACTORS.

AND NOT ONLY IS IT OUR HIGHEST FACTOR, BUT IT'S OUR HIGHEST FACTOR BY A LARGE MARGIN. ANOTHER COMPONENT OF THIS PROJECT WAS THE PUBLIC ENGAGEMENT. IT'S ALWAYS INTERESTING TO SEE WHAT WE'LL GET.

DISTRACTED DRIVING, RED LIGHT RUNNING, AND AGGRESSIVE DRIVING WERE SOME OF THE HIGHEST CONCERNS BY THE PUBLIC. 93% OF THOSE ENGAGED IN THIS SUPPORTED PEDESTRIAN SAFETY PROJECTS, AND 89% SUPPORTED BETTER BIKE FACILITIES. THOSE THAT WE ASKED TO VOTE RANKED LIGHTING IMPROVEMENTS, SIDEWALKS, PROTECTED CROSSWALKS. AND SO, PROTECTED CROSSWALKS ARE CROSSWALKS THAT HAVE BEACONS, PEDESTRIAN HYBRID BEACONS, OR A BEACON LIKE WHAT YOU SEE AT THE BUDDY HOLLY HALL, SOME SORT OF PROTECTION DRAWING ATTENTION TO THE CROSSWALK, AND BICYCLE FACILITIES. THIS IS THE COUNTERMEASURE TOOLBOX.

SHORT-TERM PROJECTS ARE ONE TO TWO YEARS. MEDIUM-TERM PROJECTS ARE TWO TO THREE, AND LONG-TERM PROJECTS ARE THREE TO FIVE YEARS. MANY OF THESE COUNTERMEASURES ARE ALREADY BEING UTILIZED BY THE CITY. SO THE TOP ONES, RETROREFLECTIVE BACK PLATES, YOU'RE SEEING THOSE POP UP AROUND TOWN. THESE ARE SIGNALS THAT HAVE THE YELLOW RETROREFLECTIVE TAPE AROUND THE TRAFFIC SIGNAL.

YOU'LL SEE THESE TEXTILES, PUT THESE IN AROUND DOWNTOWN, ON AVENUE Q AND 19TH STREET.

SOME OF THE CITY SIGNALS ACTUALLY HAVE THOSE TOO, WHERE WE'VE MADE UPGRADES.

PROTECTED CROSSWALKS, YOU'LL SEE THAT WE'VE HAD THOSE INSTALLED AROUND TOWN. THERE'S ONE MORE GOING IN SOON ON UNIVERSITY AROUND BAYLOR. AND THEN LONG-TERM CATEGORY OF ROAD DIET, AND THERE'S A PICTURE OF WHAT A ROAD DIET IS DOWN THERE. WE RECENTLY DID ONE ON NORTH AVENUE U BETWEEN MARCIA SHARP AND CLOVIS HIGHWAY AREA. SO WHAT ARE THE NEXT STEPS? THE NEXT STEPS ARE TO CONTINUE IMPLEMENTING THE STRATEGIES THAT YOU SAW IN THE PREVIOUS SLIDE, THE COUNTERMEASURE TOOLBOX, YEARLY REVIEW OF THE SAFETY ACTION PLAN. SO AGAIN, WE WANT

[00:10:01]

TO LOOK BACK AT THIS PLAN, MAKE SURE IT'S STILL RELEVANT TO OUR CITY. WE WANT TO CONTINUE CHASING GRANT OPPORTUNITIES AND THEN KEEP THE PUBLIC INVOLVED. SEE WHAT THEY... WHAT THEIR OPINIONS ARE? AND SEE IF WE CAN KEEP DRIVING TOWARDS THAT DIRECTION.

WHAT QUESTIONS DO YOU ALL HAVE? MR. GOSSET. I HAVE JUST KIND OF GENERAL COMMENTS ABOUT THIS, FOCUSED MORE ON HOW WE AS A COUNCIL AND STAFF IMPLEMENT IT. AND FIRST OF ALL, I THINK IT'S WORTH NOTING THAT WE DID THIS SURVEY BECAUSE WE GOT THE MONEY FROM OTHER FEDERAL AND STATE AGENCIES, AND WE HAVE TO DO A PROGRAM LIKE THIS TO BE ELIGIBLE TO RECEIVE OTHER FUNDS. I THINK IT'S USEFUL AS A WAY TO CHECK THE BOX FOR OTHER TRANSPORTATION-RELATED GRANT FUNDING, BUT I HAVE CONCERNS ABOUT SOME OF THE SPECIFICS OF THE RECOMMENDATIONS AND HOW WE IMPLEMENT THESE AS GOALS IN AND OF THEMSELVES. ONE GENERAL TREND THAT I SAW ACROSS THE REPORT AND THE SPECIFIC RECOMMENDATIONS THAT I LOOKED AT IS DRESSING UP DATA WITHOUT PROVIDING MEANINGFUL INSIGHTS.

AND SO LET ME GIVE YOU AN EXAMPLE OF THAT. ONE OF THE RECOMMENDATIONS TALKS ABOUT REDUCING PEDESTRIAN INCIDENTS THROUGH BUILDING MORE SIDEWALKS, REQUIRING NEW CONSTRUCTION TO INCLUDE SIDEWALKS, FOR EXAMPLE. IN MY WORK, I END UP REVIEWING A LOT OF PEDESTRIAN INJURY CASES.

AND I'LL TELL YOU THAT FROM MY EXPERIENCE IN THE DOZENS OF CASES THAT I REVIEW EVERY YEAR, IS THAT.

PEDESTRIAN CROSSING INJURIES DON'T HAPPEN ON SIDEWALKS.

THEY DON'T HAPPEN IN MARKED CROSSWAYS. LARGE NUMBER OF THEM INVOLVE PEDESTRIANS CROSSING AT NIGHT, UNDER IRREGULAR CROSSINGS, OR THERE'S SOME OTHER FACTOR, LIKE INTOXICATION, FOR EXAMPLE. SO WE NEED TO MAKE SURE THAT WE'RE GETTING MEANINGFUL INSIGHTS OUT OF THESE DATA IF WE'RE GOING TO IMPLEMENT THEM AS POLICY RECOMMENDATIONS. THE OTHER...

THE KIND OF TREND THAT I NOTICE IS THAT, YOU KNOW, IF YOU, THEY CALL IT IN DATA SCIENCE, YOU PUT GARBAGE IN, YOU'RE GOING TO GET GARBAGE OUT. AND RELYING ON DPS CRASH REPORTS AS THE SOURCE OF THIS DATA HAS SOME REAL LIMITATIONS. SO I LOOK AT HUNDREDS OF DPS CRASH REPORTS EVERY YEAR, AND FAILURE TO CONTROL SPEED IS A LITTLE BIT OF A GENERIC, WE COULDN'T FIGURE OUT WHAT WAS GOING ON, BUT SOMEBODY DIDN'T SLOW DOWN ENOUGH IN TIME. OKAY, AND SO EVEN WHERE YOU HAVE SOMEBODY WHO IS AS THE RIGHT-OF-WAY TRAVELING THE SPEED LIMIT.

IN SAFE CONDITIONS, THEY COULD STILL GET CITED FOR FAILURE TO CONTROL SPEED SIMPLY BECAUSE A COLLISION OCCURRED. THAT'S NOT A MEANINGFUL DATA POINT FOR US TO MAKE PUBLIC POLICY DECISIONS BASED ON. WE'RE SPENDING DECISIONS ABOUT TRAFFIC CONTROL DEVICES.

AND SO REALLY, WHAT CORRELATES WITH ROADWAY SAFETY IS THE VOLUME OF TRAFFIC, THE SPEED OF THE TRAFFIC, AND CROSSINGS WITH TRAFFIC. WE CAN ELIMINATE... ALL VEHICLE INCIDENTS TOMORROW. IF WE BANNED CARS OR WE PUT IN A FIVE MILE AN HOUR SPEED LIMIT, RIGHT? I THINK THAT SPEED IS PROBABLY THE SINGLE MOST SIGNIFICANT FACTOR THAT WE CAN CONTROL IN THE CITY, AND LOWERING SPEED LIMITS WOULD HAVE THE SINGLE LARGEST IMPACT ON IMPROVING REDUCTION IN SEVERITY OF INJURIES AND FREQUENCY OF INJURIES. YOU KNOW, WE HAD TO DO THIS SURVEY, BUT I WOULD JUST CAUTION US THAT WE LOOK VERY CLOSELY AT IT BEFORE WE IMPLEMENT ANY SPECIFIC RECOMMENDATIONS BASED OFF OF THIS. ANY OTHER QUESTIONS? MR. MERRICK, WOULD YOU GO BACK TO THE CHART WHERE YOU SHOWED LUBBOCK AS THE NUMBER TWO, LOWEST, SECOND LOWEST? ALL RIGHT. SO THIS WAS KAB CRASHES.

WHAT IS A KAB CRASH? OKAY, SO K IS FATAL, A IS SERIOUS, AND B IS MINOR. OKAY, SO THAT'S A TOTAL NUMBER OF CRASHES, REGARDLESS OF THE SEVERITY OF THE CRASH, OKAY? THAT'S CORRECT. AND THIS HAS ALL BEEN NORMALIZED DATA. IT'S NORMALIZED PER 100,000 POPULATION. YES, IT'S NORMALIZED PER 100,000. SO 01,286. CRASHES OF ALL LEVELS OF SEVERITY PER 100,000. SO, YES, WE'RE LOW THERE. YES.

YEAH, SORRY. K, A, AND B ARE STANDARDIZED CRASH REPORT CODES THAT EXCLUDES CRASHES THAT INDICATE NO INJURY. NOW, ONE OF THE RESERVATIONS I HAVE ABOUT USING THAT DATA IS THAT'S PRIMARILY DETERMINED AT THE SCENE. AND SO A, B, AND NO. INJURIES CAN VERY OFTEN BE EITHER UNDER OR OVER-REPORTED, DEPENDING ON THE...

[00:15:08]

BUT AS A DATA POINT, YOU KNOW, IN KNOWING THAT THIS IS NOT EXACT SCIENCE, IT IS BASED ON A REPORT, THAT'S A FAIRLY LOW NUMBER.

BUT IF YOU LOOK AT OUR PEDESTRIAN CYCLIST CRASHES, WE'RE STILL IN A FAIRLY NORMAL PHASE THERE.

WE SEEM TO BE HIGH, THOUGH, ON FATAL CRASHES. THAT'S, I MEAN, WHEN I LOOK AT THIS, THAT IS, YOU DO KNOW IF IT WAS FATAL OR NOT, YOU KNOW. AND SO THAT'S THE THING THAT REALLY CONCERNS ME ABOUT THIS. WE MAY BE LOW IN THE TOTAL NUMBER OF CRASHES PER 100,000, BUT WE ARE HIGH. IN FACT, WE ARE THE HIGHEST IN THE NUMBER OF FATAL CRASHES. SO IF I WAS GOING TO SAY I TOOK ANYTHING FROM THIS, THAT'S WHERE WE'VE GOT TO PUT OUR EFFORTS ON.

WHATEVER DRIVES FATAL CRASHES.

WE WAKE UP CONSTANTLY HERE TO MOTORCYCLE CRASHES WITH DEATHS, AND JUST THINGS LIKE THAT FROM SPEEDING. AND WE KNOW WHAT HAPPENS ON OUR STREETS. SO THAT'S JUST THE THING I THINK THAT CONCERNS ALL OF US. THERE'S A LOT OF THINGS WE COULD DO. WE COULD BUILD SIDEWALKS. WE COULD BUILD A LOT OF STUFF.

BUT THE THING WE HAVE TO DO TO MAKE OUR CITIZENS REALLY, TRULY SAFER IS TO FIND WAYS TO DRIVE DOWN THE FATAL. CRASH NUMBERS IN THIS CITY, SO I HOPE THAT WE FOCUS ON THE THINGS THAT WILL PRODUCE THE BEST AND MOST BENEFIT FOR OUR CITIZENS, AND THAT'S REALLY WHERE I'M AT.

ALSO, WHEN YOU GO TO THE NEXT SLIDE WHERE YOU SHOWED, THE MAIN FACTOR WAS, OF COURSE, FAILURE TO CONTROL SPEED. THAT MAY BE JUST WHAT PEOPLE PUT DOWN BECAUSE THEY DON'T KNOW WHAT ELSE. YOU KNOW, NOBODY LIKES TO GET A SPEEDING TICKET, BUT I THINK WE ALL UNDERSTAND, IF YOU LOOK AT THE STATISTICS, WE HAVE A PROBLEM IN LUBBOCK WITH SPEEDERS, WE HAVE A PROBLEM WITH FATALITIES, AND I THINK WE ALL KNOW THAT WE NEED TO WORK HARD ON ADDRESSING THOSE PARTICULAR THINGS. ONE POSITIVE... MISSING FROM THIS DATA IS THAT IN THE LAST THREE YEARS, WE HAVE DROPPED THE NUMBER OF FATALITIES BEGINNING IN 2023. YES. SO WE WANT TO KEEP THAT EFFORT UP. THAT'S A YOU KNOW, THAT'S AND THAT'S, I THINK. I THINK THAT SPEAKS TO THE EFFORTS DONE AT THE DESIGN LEVEL, AT THE ENFORCEMENT LEVEL. AND THEN, YOU KNOW, IT'S ALSO ALSO WE CAN SAY THE DRIVERS AS WELL, SO. THAT'S A POSITIVE THAT'S NOT IN THIS, JUST BECAUSE THAT GOES BACK TO THE, WE NEED TO LOOK AT IT YEARLY AND MAKE SURE THINGS ARE UPDATED. YEAH, AND I KNOW YOU'RE NOT ON THE ENFORCEMENT END OF IT.

YOU'RE JUST ON THE DESIGN END AND STUFF LIKE THAT. BUT THAT IS SOMETHING WE'RE ALL VERY CONCERNED ABOUT. MAYOR PRO TEM. NAIVE QUESTION, BUT I EVEN ASKED COUNCILMAN GLASHINE, PEDESTRIANS THAT GET HIT BY CARS, ARE THOSE NUMBERS INCLUDED IN ANY OF THIS INFORMATION? YES, MA'AM. WHICH WOULD IT FALL UNDER? IT WOULD BE UNDER THE, WELL, IT WOULD BE DEPENDING ON WHERE THEY ARE, FATAL, SERIOUS, OR MINOR. OKAY.

OKAY. THANK YOU. ALL RIGHT.

ANY OTHER QUESTIONS? I SEE NONE. THANK YOU, MR. BRATTON.

APPRECIATE IT. ALL RIGHT. THE

[1. Invocation]

CITY COUNCIL WILL NOW TAKE UP OUR CEREMONIAL ITEMS. I CALL ON PASTOR ROY DAVIS OF CHURCH OF THE NATIONS TO LEAD US IN OUR INVOCATION, AFTER WHICH, OUR MAYOR PRO TEM WILL LEAD US IN OUR PLEDGES TO OUR UNITED STATES FLAG AND TEXAS FLAGS. PLEASE STAND AS YOU ARE ABLE. ALL RIGHT.

FATHER, AT THIS MOMENT.

PERSONALLY, I JUST LIFT UP EVERYONE THAT IS HERE IN THIS ROOM, ESPECIALLY THE CITY COUNCIL MEMBERS AND ALL THOSE THAT PLAY AN INTRICATE PART IN THE FORWARD MOVEMENT OF OUR CITY AND COMMUNITY. I DO WANT TO START JUST BY SAYING, FATHER, THANK YOU FOR WHAT YOU HAVE ALREADY DONE BEFORE WE ARRIVED HERE THIS MORNING, THAT YOU'VE ALREADY PLACED.

WITHIN EACH OF THEM THE WISDOM, THE KNOWLEDGE, THE DISCERNMENT, EVEN THE PASSION OF BEING IN THE POSITION THAT THEY ARE, THE OVERSEER.

[00:20:01]

OF THEIR COMMUNITIES, THE GOALS THAT THEY HAVE. I THANK YOU, FATHER, THAT YOU HAVE ALREADY WORKED OUT, AND YOU'RE GOING TO REVEAL TO EACH OF THEM. THE BEST DECISION TO MAKE FOR THE FORWARD PROGRESS OF OUR COMMUNITY. I THANK YOU, LORD, FOR EACH AND EVERY ONE OF THEM. FOR THE INDIVIDUAL, BE IT THE WHOLE GROUP, ROLE IN ACHIEVING THE PURPOSES, THE PLANS, EVEN THOUGH SOMETIMES IT MAY SEEM TO BE DIFFICULT OR HARD TO ACHIEVE. BUT I THANK YOU, FATHER, FOR THE PATIENCE THAT YOU PLACE WITHIN EACH OF THEM. AND THEY TOGETHER, AS THEY ALWAYS DO AT THE END, COME TOGETHER. AS ONE, I GIVE YOU PRAISE FOR ALL OF THE ACHIEVEMENTS AND GOALS.

IN JESUS' NAME, AMEN.

[2. Pledges of Allegiance]

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

HONOR THE TEXAS FLAG; I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE.

ALL RIGHT. BEFORE WE GET DOWN TO SERIOUS BUSINESS HERE, JUST TAKE A MOMENT. BRIANNA, IS SHE IN THE... THERE YOU ARE AT THE BACK. YEAH, WE JUST WANT TO RECOGNIZE AND LAMENT THE DEPARTURE OF ONE OF OUR EMPLOYEES. SHE THINKS SHE'S GOING ON TO, I THINK, BETTER PASTURES OR WHATEVER.

WE THINK SHE'S TAKING A STEP DOWN. SHE'S GOING TO GO WORK FOR THE CITY OF FORT WORTH.

THEY'RE LUCKY TO GET HER.

WE'VE TRAINED HER WELL. HERE.

AND JUST DON'T ALL THOSE IDEAS YOU GOT THAT YOU WERE REALLY GOOD IDEAS HERE, DON'T, DON'T SHARE THEM WITH THEM OVER THERE. OKAY, JUST LEAVE A LITTLE SOMETHING ON THE TABLE FOR US OVER HERE IN WEST TEXAS. BUT WE APPRECIATE YOU FOR ALL YOUR WORK FOR OUR CITY. YOU'VE DONE AN AMAZING JOB WORKING FOR THE DEVELOPMENT OF THIS CITY AND WE WISH YOU ALL THE BEST. I WON'T CALL YOU UP HERE TO MAKE A SPEECH, ALL RIGHT? ALL RIGHT, THIS IS NORMALLY WHERE WE WOULD ASK FOR CITIZEN COMMENTS, BUT WE HAVE NO ONE WHO SIGNED UP FOR CITIZEN COMMENTS TODAY, BUT JUST FOR EVERYBODY'S AWARENESS.

WELL, I SAW A HAND THERE. DID YOU FILL OUT A FORM FOR COMMENTS? ARE YOU WISHING TO SPEAK ON AN AGENDA ITEM TODAY? YES, I DO. IF YOU'RE SPEAKING TO AN AGENDA ITEM WHEN IT COMES UP, IF WE HAVE A PUBLIC HEARING, YOU CAN SPEAK THEN. ALL RIGHT, WE USUALLY ASK FOR PEOPLE TO SIGN UP IN ADVANCE. ALL RIGHT. I COULDN'T HEAR WHAT SHE SAID SHE WAS SPEAKING ON.

OKAY, THAT'S, WELL, AND THAT'S NOT ON OUR AGENDA, SO WE DON'T NORMALLY TAKE CITIZEN COMMENTS ON THINGS THAT AREN'T ON OUR AGENDA, BUT YOU'RE WELCOME TO SPEAK TO ANY OF OUR STAFF, PEOPLE OR ANY OF US ABOUT THAT MATTER INDIVIDUALLY.

ALL RIGHT, BUT OUR CITIZEN COMMENT TIME IS MEANT FOR SOMETHING THAT'S POSTED ON OUR AGENDA. THANK YOU, THOUGH. APPRECIATE IT. JUST TO LET EVERYBODY KNOW THAT WE DO WANT TO MAKE SURE THAT OUR CITIZENS ARE HEARD AS APPROPRIATE ON ANY AGENDA ITEM. WE DON'T EVER WANT TO FORECLOSE THAT CONVERSATION BECAUSE THAT'S PART OF THE ACCOUNTABILITY AND TRANSPARENCY THAT WE HAVE AS A CITY COUNCIL UP HERE.

SO, YOU HAVE THE OPPORTUNITY TO SPEAK TO ANY AGENDA ITEM, IF YOU'LL JUST SIGN UP IN ADVANCE, LET US KNOW WHICH AGENDA ITEM YOU'RE SPEAKING ON, AND YOU'VE ALWAYS HAD THREE MINUTES TO SPEAK TO THAT TOPIC.

BUT WE HAVE NONE

[5. Minutes]

OF THOSE TODAY, SO WE WILL MOVE ON AND TAKE UP. AGENDA ITEM 5.1, THE MINUTES FOR OUR JANUARY 13, 2026, REGULAR CITY COUNCIL MEETING. THAT WAS IN YOUR PACKET, SO YOU'VE HAD A CHANCE TO REVIEW THOSE. IS THERE A

[00:25:02]

MOTION TO APPROVE ITEM 5.1? I HAVE A MOTION TO HAVE A SECOND. MOTION AND A SECOND. ANY ADDITIONS OR CORRECTIONS TO THE MINUTES? I SEE NONE.

ALL IN FAVOR, LET ME KNOW BY SAYING, AYE. AYE. ANY OPPOSED, SAY NAY. I HEAR NONE. THE MOTION TO APPROVE PASSES UNANIMOUSLY.

[6. Consent Agenda - Items considered to be routine are enacted by one motion without separate discussion. If the City Council desires to discuss an item, the item is removed from the Consent Agenda and considered separately.]

OKAY, WE'RE GOING TO TAKE UP OUR CONSENT AGENDA NOW.

THERE'S BEEN A REQUEST TO PULL ITEMS 6.8, 6.16, 6.22, 6.23, AND 6.24 FROM THE CONSENT AGENDA. SO, IS THERE A MOTION TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEMS 6.8, 6.8, 6.16, 6.22, 6.23, AND 6.24? SECOND. IS THERE A SECOND? SECOND. ANY DISCUSSION? MR. COLLINS. JUST TO BE CLEAR, DO WE NEED A SPECIAL MOTION TO REMOVE 6.16? NOT, YOU CAN PULL IT FROM THE CONSENT AND THEN YOU'LL MAKE A MOTION WHEN THAT ITEM COMES UP. THAT WILL COME UP ONCE WE TAKE IT UP.

OKAY, VERY GOOD. THANK YOU. SO WE HAVE A MOTION AND A SECOND.

ANY OTHER DISCUSSION? IF NOT, ALL IN FAVOR, LET IT BE KNOWN BY SAYING AYE. ANY OPPOSED, SAY NAY. I HEAR NONE. THAT MOTION TO APPROVE THE CONSENT AGENDA, WITH THOSE EXCEPTIONS, PASSES UNANIMOUSLY. SO NOW

[8. Resolution - Public Health Services: Consider a resolution authorizing the Mayor to execute a Memorandum of Understanding, and all related documents, by and between the City of Lubbock and Plainview Serenity Center, Inc., regarding coordination of referrals with the City of Lubbock Health Department, providing substance abuse services, and co-occurring mental health services.]

WE'LL TAKE UP INDIVIDUALLY ITEM 6.8 FIRST, AND I BELIEVE DR.

WELLS IS HERE TO SPEAK TO THIS ITEM. SHE'S THE DIRECTOR OF OUR PUBLIC HEALTH DEPARTMENT. SHE'S GOING TO BRIEF US ON ITEM 6.8. GOOD AFTERNOON, MAYOR AND COUNCIL.

ITEM 6.8 IS A MEMORANDUM OF UNDERSTANDING WITH PLAINVIEW SERENITY CENTER, A DRUG TREATMENT FACILITY LOCATED IN HALE COUNTY. BOTH THE PUBLIC HEALTH DEPARTMENT AND PLAINVIEW SERENITY CENTER ARE THROUGH GRANTS FROM THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION, AND MANY OF THOSE GRANTS EITHER SPECIFICALLY REQUIRE OR ENCOURAGE PARTNER AGENCIES SERVING SIMILAR POPULATIONS TO HAVE... HAVE MOUS IN PLACE FOR COORDINATION AND REFERRALS.

THIS MOU IS AN AGREEMENT FOR BOTH PARTIES TO SEND AND RECEIVE REFERRALS TO ONE ANOTHER DURING THE CURRENT FISCAL YEAR.

THIS IS NOT A NEW RELATIONSHIP.

A SIMILAR MOU HAS BEEN IN PLACE FOR AT LEAST THE LAST SIX YEARS, AND THIS IS A ROUTINE RENEWAL OF EXISTING WORKING PARTNERSHIP THAT HELPS ENSURE OUR RESIDENTS HAVE A CLEAR PATHWAY TO SERVICES. AND I'M HAPPY TO ANSWER ANY QUESTIONS. ALL RIGHT. ANY QUESTIONS FOR DR.

WELLS? MR. BICHIN. DR. WELLS, THE MEMORANDA OF UNDERSTANDING IS NOT LIMITED TO PROVIDING SERVICES RELATED TO GRANTS THAT REQUIRE SUCH COOPERATION BETWEEN AGENCIES, RIGHT? CORRECT. IT'S SAYING THAT WE'RE GOING TO PROVIDE, WE'LL ACCEPT REFERRALS FROM THEM. WE'LL SEND PATIENTS OVER TO PLAINVIEW THAT REQUIRE THOSE SERVICES. THERE'S NOTHING THAT REQUIRES US TO FOLLOW THROUGH ON A REFERRAL IF A PATIENT DOES NOT MEET WHATEVER THE ELIGIBILITY REQUIREMENTS ARE FOR THAT SPECIFIC PROGRAM.

DOES THE CITY HEALTH DEPARTMENT HAVE ANY ELIGIBILITY REQUIREMENTS THAT WOULD PREVENT PLAINVIEW RESIDENTS FROM BEING TREATED IN CITY SERVICES ON CITY DOLLARS? CERTAIN PROGRAMS, LIKE THE INTERMEDIARY CARE CLINIC, IS GEARED TOWARDS. CITY OF LUBBOCK RESIDENTS, THAT'S BEING FUNDED BY CITY AND COUNTY DOLLARS. SPECIFICALLY, A PROGRAM LIKE OUR IMMUNIZATION PROGRAM FOR CHILDREN. THAT'S OPEN TO ANYBODY IN THE STATE OF TEXAS THAT IS HERE IN LUBBOCK AND NEEDS TO RECEIVE A VACCINE AND NEEDS THEIR ELIGIBILITY REQUIREMENTS. WHEN YOU SAY THOSE PROGRAMS ARE GEARED TOWARDS LUBBOCK RESIDENTS, IS THERE NOT A RESIDENCY REQUIREMENT, FOR EXAMPLE, TO BE ABLE TO RECEIVE TREATMENT ON CITY-FUNDED PROGRAMS? I DON'T BELIEVE THERE IS ANY RULE IN...

THE HEALTH DEPARTMENT GUIDELINES THAT SAY, WE DON'T, SERVE CERTAIN INDIVIDUALS.

OUR ADVERTISING, SORRY OUR REFERRAL PROCESS FOR, SAY. THE INTERMEDIARY CARE CLINIC IS WORKING WITH PHYSICIANS IN LUBBOCK, AND WHEN WE TALK TO THEM, WE TALK ABOUT THAT BEING A PROGRAM FOR LUBBOCK RESIDENTS. BUT UNDER THIS MEMORANDUM OF UNDERSTANDING, WE COULD BE USING THE CITY-LEVEL DOLLARS TO PROVIDE SERVICES TO PLAINVIEW RESIDENTS. THAT'S ALWAYS A POSSIBILITY WHEN WE OFFER SERVICES TO OUR COMMUNITY. HOWEVER, A LOT OF OUR FUNDING IS GRANT-FUNDED, AND IN THOSE STATE GRANTS,

[00:30:03]

WE DO SERVE WHO WALKS THROUGH OUR DOORS. I'M NOT GOING TO SEND... PEOPLE OUT TO HALE COUNTY TO PROVIDE SERVICES.

BUT WE ALSO SEND SOME OF OUR CLIENTS TO PLAINVIEW FOR THE SERVICES OF THE SUBSTANCE USE TREATMENT.

BECAUSE THEY DO HAVE AN INPATIENT FACILITY THAT WILL TAKE SOMEBODY FOR 28 DAYS FOR RECOVERY.

BUT CERTAINLY NOT ALL OF THE SOURCES OF FUNDING FOR THESE PROGRAMS COMES EXCLUSIVELY FROM GRANTS. SOME OF THESE ARE SET UP AND PAID FOR BY LUBBOCK TAXPAYERS.

CORRECT. AND IF COUNCIL IS INTERESTED IN SEEING THE CLIENTS THAT WE SERVE, I'M HAPPY TO PROVIDE THAT DATA IF THAT'S SOMETHING THAT IS OF INTEREST. CAN YOU TELL US HOW MUCH THE LUBBOCK HEALTH DEPARTMENT HAS SPENT TREATING RESIDENTS OF OTHER CITIES AND COUNTIES WITH PROGRAMS THAT ARE FUNDED BY LUBBOCK TAXPAYERS? I DON'T HAVE THAT AT TOP OF MY HEAD.

IT'S SOMETHING THAT WE COULD GO BACK AND CALCULATE. I WASN'T PREPARED FOR THAT QUESTION TODAY. I HAVE A REAL CONCERN ABOUT THE LUBBOCK HEALTH DEPARTMENT EXPANDING INTO A REGIONAL HEALTH DEPARTMENT, ESPECIALLY WITH PROGRAMS THAT ARE FUNDED BY LUBBOCK TAXPAYERS AND SUPPORTED BY OUR OWN LOCAL FUNDS. YOU KNOW, IF LUBBOCK TAXPAYERS ARE PAYING FOR SERVICES IN LUBBOCK, IT NEEDS TO PRIORITIZE CITIZENS OF LUBBOCK RATHER THAN PEOPLE ACROSS THE REGION. AND SO I WOULD SUGGEST THAT, AT THE VERY LEAST, WE POSTPONE APPROVAL OF THIS MEMORANDUM OF UNDERSTANDING.

UNTIL WE HAVE AN IDEA OF HOW MUCH WE ARE SPENDING TO TREAT OTHER CITIZENS FROM OTHER REGIONS. SO WITH THAT, I'LL MOVE TO POSTPONE TO A DATE CERTAIN. WELL, LET ME FIRST, DR. WELLS, ONE WOULD BE, HOW MUCH TIME WOULD YOU NEED TO PREPARE THAT INFORMATION? I CAN DISCUSS IT WITH MR. ATKINS, BUT I THINK AT LEAST TWO WEEKS OR SO. DR.

WELLS, DO YOU THINK... I'M SORRY, THE POLL. MAYBE THE FIRST MEETING IN MARCH. GIVE YOU ALL TIME TO PULL THAT. AND I GUESS ONE CLARIFICATION, COUNCILMAN, WE TALK ABOUT SERVICES UNDER THIS PARTICULAR PROGRAM. I THINK IT WOULD BE HELPFUL TO KNOW, UNDER THIS PARTICULAR MOU, BUT ALSO JUST IN GENERAL, HOW MUCH LUBBOCK TAX DOLLARS ARE GOING TO SUPPORT SERVICES TO OTHER NON-RESIDENTS. OKAY, AND WE'LL CERTAINLY GET THOSE TO AS DISCREET AS WE CAN GET THEM. LET'S SUGGEST FIRST MEETING IN MARCH WOULD BE THE 10TH. THEN I'LL MOVE TO POSTPONE THIS AGENDA ITEM UNTIL MARCH 10TH MEETING. DO WE HAVE A SECOND TO THAT MOTION? WE HAVE A MOTION AND A SECOND.

ALL RIGHT, LET'S OPEN THAT FOR DISCUSSION, THEN. ANY DISCUSSION ON THAT MOTION? MAYOR PANTALEO. LET ME JUST ACKNOWLEDGE THAT OUR HEALTH DEPARTMENT IS NOT ONLY FUNDED BY CITY DOLLARS, IT IS ALSO FUNDED BY CITY AND COUNTY. THIS IS A PARTNERSHIP THAT WE AGREED UPON WHEN WE FIRST BUILT THIS FACILITY. AND THEN, SECONDLY, IT IS A CONTINUATION.

WITH GRANTS, THAT IS, WHEN YOU'RE DOING STATE GRANTS, THIS IS SOME OF WHAT YOU OPEN YOURSELF UP TO. AND THEY'RE VERY IMPORTANT. IT BENEFITS OUR CITIZENS, AND IT BENEFITS PUBLIC HEALTH IN GENERAL SURROUNDING US. AND IT IS A FORMALITY AND SOMETHING THAT WE SHOULD ALWAYS TAKE INTO CONSIDERATION BECAUSE IT IS IMPORTANT TO BE NEIGHBORLY TO THOSE. NOT ONLY DO THOSE FOLKS, THEY MIGHT BE REFERRED HERE, WE REFER THEM THERE, BUT THESE ARE ALSO PEOPLE THAT ARE COMING AND WORKING IN OUR COMMUNITIES AS WELL AS INVESTING THEIR DOLLARS.

THEREFORE, IN SOME REGARD, THAT IS A TAX THAT THEY PAY.

MAYBE SALES TAX THAT BENEFITS OUR CITIZENS. SO I JUST WANTED TO PUT THAT OUT THERE. MR. RISHI. I WOULD RESPECTFULLY DISAGREE THAT THIS IS A FORMALITY. I THINK RIGHT NOW IT'S AN UNANSWERED QUESTION.

WE KNOW THAT WE'RE SPENDING TAX DOLLARS ON PROGRAMS THAT BENEFIT PEOPLE WHO AREN'T RESIDENTS OR TAXPAYERS HERE.

WE JUST DON'T KNOW THE SCOPE OF THAT. AND THAT'S WHY I THINK IT'S IMPORTANT TO UNDERSTAND THAT. SO WE CAN MAKE AN INFORMED DECISION ABOUT HOW MUCH WE SHOULD PROVIDE SERVICES TO NON-RESIDENTS.

MR. ROSE. THANKS, MAYOR. THIS IS NOT SOMETHING THAT WOULD HAVE BEEN ON MY RADAR, OR A QUESTION THAT I WOULD HAVE ASKED, BUT COUNCIL MEMBER GLASHINE IS AN ELECTED OFFICIAL, AND I THINK IT'S A FAIR QUESTION. I DON'T THINK IT'S OUT OF THE REALM TO SEE IF THIS IS TURNING INTO A REGIONAL TYPE SITUATION WHERE

[00:35:02]

WE'RE SPENDING. LOVING TAXPAYER MONEY ON SURROUNDING COMMUNITIES. SO I THINK IT'S A FAIR QUESTION.

IF WE CAN AT LEAST GET THE NUMBERS, THAT WOULD BE WHAT I'D LIKE.

MR. COLLINS. DR. WELLS, CAN YOU COUNT AN INSTANCE OR RECALL AN INSTANCE WHERE WE'VE MAYBE TURNED AWAY SOME LUBBOCK COUNTY, CITY OF LUBBOCK TAXPAYERS FROM VACCINATIONS OR OTHER SERVICES? NO, SIR. NO, THAT IS, SO WE HAVE NOT. SO OUR CAPACITY TO TREAT OUR LUBBOCK CITIZENS EXISTS TO ITS FULLEST EXTENT OR ITS FULLEST REQUEST.

CORRECT. THANK YOU. MAYOR PRO TEM. AND I WILL POINT OUT THAT COVID IS A GREAT EXAMPLE OF WHY WE NOT ONLY SERVE OUR CITIZENS, BUT IN KEEPING WITH THE NEIGHBORLY THINKING, WE ALSO WORKED WITH RURAL COMMUNITIES AND OTHER AREAS. I MEAN, THE PROXIMITY, WE'RE NOT GOING TO AMARILLO, WE'RE SERVING THE COMMUNITIES AROUND US. AND COVID IS A PERFECT EXAMPLE OF HOW WE DID THAT. NOT TO MENTION THAT THE MEASLES OUTBREAK WAS ANOTHER GREAT EXAMPLE. AS YOU KNOW, LUBBOCK HAD A MEASLES OUTBREAK, WHERE WE HAD NOT HAD ONE IN ABOUT 21 YEARS. AND WE HAD VERY SIGNIFICANT NUMBERS. NOW WE'RE EXPERTS IN HELPING. SHARE INFORMATION THAT WE LEARNED FROM OUR EXPERIENCE. AND THE POINT OF THE MATTER IS THAT, YOU KNOW, THIS IS JUST A FORMALITY, BUT, YOU KNOW, IF YOU WANT MORE INFORMATION, WE'LL PROVIDE IT. THE QUESTION THAT I HAVE FOR DR. WELLS IS, WILL THIS DELAY US IN SECURING THOSE DOLLARS, AND WILL IT IMPACT US IN ANY WAY AS FAR AS BEING ABLE TO ROLL OUT TO OUR CITIZENS? SPECIFICALLY WITH THIS MOU? YES. NO, IT WILL NOT HAVE AN IMPACT. THE GOAL IS THE GOAL FOR PLAINVIEW. SERENITY WOULD HAVE IT, I'M SORRY, WOULD FOR IT TO BE SIGNED DURING THIS CURRENT FISCAL YEAR. SO BEFORE SEPTEMBER OF 2027 OR 26, I'M SORRY. OKAY, WELL, I CERTAINLY THINK THAT, MR. GASHIN'S REQUEST IS REASONABLE.

TO GET THOSE NUMBERS, I WOULD JUST MAKE THE DISTINCTION BETWEEN SOME OF THE THINGS THAT WERE SPOKEN OF BY MAYOR PRO TEM, IF IT'S AN INFECTIOUS DISEASE. THAT DOESN'T KNOW COUNTY LINES AND CITIZENSHIP AND ALL THAT, YES, WE DO HAVE TO WORK TOGETHER.

IT MAKES NO SENSE JUST TO LIMIT THAT JUST TO YOUR CITIZENS.

BUT SOMETHING LIKE MENTAL HEALTH IS JUST ONE OF THOSE THINGS THAT'S CONFINED TO CITIZENS WHO LIVE IN THE CITY. IT'S NOT A TRANSMISSIBLE DISEASE OR ANYTHING LIKE THAT. SO I THINK IT'S IMPORTANT FOR US TO AT LEAST HAVE THAT NUMBER. IT MAY BE THAT IN FULLY FUNDING WHAT WE NEED TO SERVE OUR OWN CITIZENS, AS MR. COLLINS POINTED OUT, IT DOESN'T COST ANY MORE TO ADD THESE SERVICES TO OTHER PEOPLE WHO MIGHT VISIT US. YOU KNOW, WE'VE ALREADY FUNDED IT.

BUT I THINK WHAT MOST OF US WOULD LIKE TO KNOW IS THAT CREATING AN ADDITIONAL EXPENSE ON OUR CITIZENS AND TAXPAYERS, AND MAYBE WE THINK IT'S A GOOD EXPENSE, AND MAYBE WE DON'T.

DON'T, BUT IT WOULD BE HELPFUL TO HAVE THAT INFORMATION, NONETHELESS. SO I WOULD APPROVE, AT LEAST POSTPONING THIS.

HOPEFULLY THAT WOULD GIVE YOU ENOUGH TIME TO GET US SOME OF THAT INFORMATION. IT MIGHT HELP US MAKE THAT DECISION. SO ANY OTHER FURTHER? MR. CUSHING. THANKS. YOU KNOW, LOOKING AT THE MOU, I THINK THERE ARE A FEW CATEGORIES THAT ARE MORE LIKELY TO IMPLICATE LUBBOCK TAX DOLLARS. OR SPENDING OUTSIDE OF THE CITY OF LUBBOCK, WHICH WOULD INCLUDE AFFORDABLE HEALTH CARE, WOMEN'S HEALTH CARE, CHILDREN AND FAMILY SERVICES, ENVIRONMENTAL HEALTH INSPECTIONS, FINANCIAL ASSISTANCE, THE DIRECT FINANCIAL ASSISTANCE THAT THE HEALTH DEPARTMENT DOES. OR THEY GIVE MONEY, CASH DIRECTLY TO PEOPLE FOR THINGS LIKE TREATMENTS, TRANSPORTATION, PRESCRIPTION MEDICATION, CLOTHING, PERSONAL HYGIENE, EMPLOYMENT, SO THOSE OTHER TYPES OF PROGRAMS. WE NEED TO HAVE A GOOD UNDERSTANDING OF WHETHER THOSE DOLLARS COME FROM THE CITY AND IF THEY DO, IF THEY GO TO LUBBOCK CITIZENS OR NOT. I'M GOING TO PUT YOU.

YOU CAN PARTIALLY ANSWER RIGHT NOW, BEING PUT ON THE SPOT LIKE THIS. THE PROGRAM THAT PROVIDES ANY OF THE FINANCIAL ASSISTANCE IS OUR SUSAN PROGRAM, AND THAT'S 100% GRANT FUNDED BY TEXAS HEALTH AND HUMAN SERVICES COMMISSION. AND IS THAT USED LOCALLY FOR OUR CITIZENS? I NEED TO GO BACK AND CHECK. THE GUIDANCE, IF THAT GRANT SPECIFICALLY FOR LUBBOCK COUNTY, OR IF IT INCLUDES SOME SURROUNDING COUNTIES, THERE'S. I DON'T KNOW ALL OF THEM OFF THE TOP OF MY HEAD, I'M SORRY. AND THEN ONE MORE QUESTION IN REGARDS TO 6.8. WE'RE TALKING ABOUT REFERRALS. IS THAT CORRECT, CORRECT? WE REFER

[00:40:01]

TO THEM? THEY REFER TO US? YES, ARE WE SPENDING ANY DOLLARS? THE REFERRAL? NO, BECAUSE WE DON'T HAVE TO NECESSARILY ACCEPT A REFERRAL OR SUPPORT THE, HELP THE PERSON THAT WAS REFERRED TO US. SO, AGAIN, IT IS A REFERRAL PROGRAM. WE ARE NOT SPENDING ANY DOLLARS OUTSIDE OF OUR REALM. AND IT IS IMPORTANT TO JUST RECOGNIZE THAT. I THINK THIS IS THE ONE THING THAT I WILL SAY TO COUNCILMAN GLASHINE. I'M ALL ABOUT TRANSPARENCY. SO IF THAT'S WHAT IS GOING TO HELP, MR. GLASHINE IN HIS DECISION, THEN, I GUESS. WE WILL USE STAFF TIME TO FIND THAT INFORMATION.

THANK YOU. ALL RIGHT, YEAH, I THINK IT WOULD BE HELPFUL JUST TO KNOW WHAT DOLLARS ARE SPENT. A, THE SOURCE OF THE DOLLARS IS ALWAYS HELPFUL IF IT IS FULLY FUNDED BY THE FEDERAL GOVERNMENT. AND IT'S NOT A TAXPAYER EXPENSE OF THE LOCAL CITIZENS, AND THAT MAY LEAD US TO MAKE ONE DECISION VERSUS AN INDICATION OF A PARTICULAR PROGRAM THAT IS ACTUALLY COMING FROM TAXPAYER DOLLARS HERE LOCALLY. SO THAT INFORMATION COULD BE HELPFUL TO US, AND WE'LL TRY TO WORK WITH YOU TO MAKE SURE THAT WE HAVE INFORMATION THAT'S USEFUL TO US. WHEN WE COME BACK TO THIS IN A MONTH, I GUESS IT WOULD BE, WHEN WE COME BACK TO THIS, IF THAT'S WHAT WE DECIDE TO DO. ALL RIGHT, ANY OTHER QUESTIONS? NOW WE HAVE A MOTION AND A SECOND ON THE MOTION TO POSTPONE TO MARCH, OR THE FIRST CITY COUNCIL MEETING IN MARCH, MARCH 10TH. ALL RIGHT. ALL IN FAVOR OF THAT, LET IT BE KNOWN BY SAYING, AYE. AYE. ANY OPPOSED, SAY NAY. NAY. SO I BELIEVE THAT WAS SIX TO ONE. IS THAT RIGHT? OKAY. SO WE WILL POSTPONE THAT DECISION ON THAT UNTIL NEXT MONTH. THANK YOU.

THANK YOU, DR. LEWIS. ALL

[16. Resolution - Business Development: Consider a resolution authorizing the Mayor to execute a Naming Rights Agreement, by and between the City of Lubbock and the Pickering Family Foundation, for exclusive naming rights for Pickering Park, to be located at 1301 Broadway in Lubbock, Texas. ]

RIGHT, THE CITY STAFF HAS REQUESTED ITEM 6.16 BE POSTPONED TO FEBRUARY 24TH.

OUR NEXT CITY COUNCIL MEETING, IS THERE A MOTION? MR. COLLINS. MAYOR, I WOULD MOVE THAT WE POSTPONE ITEM 6.16 TO THE NEXT REGULAR COUNCIL MEETING SCHEDULED FOR FEBRUARY 24TH. THANK YOU, MR. COLLINS.

IS THERE A SECOND? SECOND.

WE'LL HAVE A MOTION AND A SECOND. ANY DISCUSSION? I SEE NONE. ALL IN FAVOR, LET ME KNOW BY SAYING, AYE.

AYE. ANY OPPOSED, SAY NAY.

NAY. PASSES UNANIMOUSLY. LET'S

[22. Resolution - Business Development: Consider a resolution authorizing a program or expenditure of the Lubbock Economic Development Alliance, to be provided to Leprino Foods Company, pursuant to Section 501.073 of the Texas Local Government Code.]

NOW TAKE UP ITEM 6.22 AND I'M GOING TO CALL ON, OH, THIS IS YOUR TIME, BRIANNA.

THIS IS YOUR TIME TO SHINE, YOUR SWAN SONG, AS I SAID, AND HEAR BEFORE US, MAKE IT GOOD, OKAY? BRIEF US, PLEASE, ON ITEM 6.22. FOR THOSE OF YOU WHO DON'T KNOW, BRIANNA WAS OUR BUSINESS DEVELOPMENT DIRECTOR. THAT WAS HER TITLE.

OKAY. THANK YOU. AND THANK YOU FOR YOUR KIND WORDS, MAYOR, AND FOR ALL OF YOUR SUPPORT OVER THE LAST SEVERAL WEEKS, COUNCIL. IT HAS BEEN AN HONOR OF MINE TO WORK FOR THE CITY FOR THE LAST SEVEN YEARS. WE HAVE DONE SOME INCREDIBLE THINGS IN THE BUSINESS DEVELOPMENT DEPARTMENT, THANKS TO YOU AND YOUR PREDECESSORS.

AND SO TODAY IS A BITTERSWEET DAY FOR ME, FOR SURE.

BUT IT'S BEEN A PLEASURE, AND I APPRECIATE YOUR WORDS.

OKAY, IF IT'S OKAY WITH YOU, MAYOR, I WILL GO THROUGH THE PRESENTATION ON ITEMS 22 OR 6. POINT 22, 23, AND 24 IN ONE PRESENTATION. ALL THREE OF THESE ITEMS ARE FOR INCENTIVE AGREEMENTS THAT THE LUBBOCK ECONOMIC DEVELOPMENT ALLIANCE IS ASKING FOR YOUR APPROVAL ON. THESE, OF COURSE, HAVE BEEN APPROVED BY THEIR BOARD OF DIRECTORS, AND SO YOU ARE THE FINAL STEP IN APPROVAL BEFORE WE CAN AUTHORIZE INCENTIVES TO THESE COMPANIES. I WILL GIVE A BRIEF OVERVIEW OF WHAT I KNOW, BUT THEIR STAFF IS ALSO HERE TO ANSWER ANY QUESTIONS THAT I MAY NOT HAVE THE ANSWERS TO.

ITEM 6.22, THE COMPANY IS LOPRINO FOODS COMPANY, WHICH YOU ARE ALL WILDLY FAMILIAR WITH AT 4301 EAST 19TH STREET. THEY ARE EXPANDING AND ADDING A NEW PRODUCT LINE FOR NUTRITIONAL DAIRY PRODUCTS AT THEIR EXISTING FACILITY HERE IN LUBBOCK. INVESTMENT AMOUNT IS ANTICIPATED TO BE $165 MILLION. THEY WILL CREATE 15 NEW PRIMARY JOBS. AND THE CAPITAL INVESTMENT INCENTIVE FOR THIS PROJECT IS $500,000 TO BE REIMBURSED TO THE COMPANY IN TWO PAYMENTS. SO HALF OF THAT WILL BE IN DECEMBER OF 2032. THE OTHER HALF WILL BE IN DECEMBER OF 2033.

BUT THEY DO PLAN TO INVEST ALL OF THEIR CAPITAL BY THE END OF THE YEAR 2027. YOU GOOD IF I KEEP GOING, OR DO YOU WANT TO TAKE QUESTIONS? NO. KEEP GOING? OKAY. LET'S JUST GO THROUGH ALL OF THEM, THEN WE

[23. Resolution - Business Development: Consider a resolution authorizing a program or expenditure of the Lubbock Economic Development Alliance, to be provided to Hidden 8, LLC and Suncrest Holdings, LLC, pursuant to Section 501.073 of the Texas Local Government Code.]

CAN COME BACK AND ASK QUESTIONS IF THERE ARE ANY PARTICULAR ONES. ITEM 623, COMPANY NAME IS HIDDEN 8 LLC AND SUNCREST HOLDINGS. THEY ARE EXPANDING AN EXISTING COMPANY WITH A NEW MANUFACTURING LOCATION AT 11513 HIGHWAY 6282. INVESTMENT AMOUNT IS ANTICIPATED TO BE $15.4 MILLION

[00:45:02]

OVER THE NEXT FIVE YEARS. THEY WILL CREATE 110 NEW JOBS. AND THEY WILL BE RECEIVING A CAPITAL OR A JOB CREATION INCENTIVE, I'M SORRY, OF $250,000 THAT WILL BE PAID IN ONE LUMP SUM AFTER THEY CREATE EMPLOYEE NUMBER 25. AND

[24. Resolution - Business Development: Consider a resolution authorizing a program or expenditure of the Lubbock Economic Development Alliance, to be provided to Industrial Molding Company, LLC, pursuant to Section 501.073 of the Texas Local Government Code.]

THEN, LASTLY, ITEM 6.24 IS FOR INDUSTRIAL MOLDING COMPANY LLC AT 616 SLAYTON ROAD. THIS IS ALSO AN EXISTING COMPANY THAT WE HAVE IN LUBBOCK THAT'S EXPANDING AND ADDING A NEW PRODUCT LINE TO THEIR EXISTING MANUFACTURING FACILITY. THEY WILL BE MANUFACTURING HELMETS AND OTHER SPORTING GOODS PRODUCTS. THEIR ANTICIPATED INVESTMENT IS $1.27 MILLION.

IT WILL CREATE 25 NEW JOBS.

AND THEY ARE RECEIVING A CAPITAL INVESTMENT INCENTIVE OF $50,000 TO BE REIMBURSED TO THE COMPANY ONCE THE PROJECT IS COMPLETE. SO ONCE THEY CAN SHOW THAT THEY'VE MADE THE $1.27 MILLION INVESTMENT, THEN THEY WILL RECEIVE A REIMBURSEMENT OF $50,000. SHORT AND SWEET, BUT WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE. ANY QUESTIONS FOR MS. BROWN? ALL RIGHT, THANK YOU VERY MUCH.

APPRECIATE IT. ALL RIGHT. CAN I TAKE THESE ALL UP TOGETHER ON ONE MOTION, OR DO WE HAVE TO HAVE SEPARATE MOTIONS ON EACH ONE? THAT'S UP TO THE REST OF THE COUNCIL.

YOU CAN, IF THERE'S NO OBJECTION. IS THERE ANY OBJECTION TO TAKING THESE UP TOGETHER? SEE NONE? OKAY. MAY I HAVE A MOTION TO APPROVE ITEMS NUMBER 6.22, 6.23, AND 6.24? SO MOVED. I HAVE A MOTION TO HAVE A SECOND.

I HAVE A MOTION AND A SECOND.

ANY FURTHER DISCUSSION? MR. WADE, I SEE YOU LIT UP THERE.

YOU STILL GOT ANOTHER? OH.

OKAY. ALL RIGHT. MR. GAUTHIER. THANK YOU. I JUST WANT TO SAY THAT GOVERNMENT DOES NOT NEED TO GIVE MONEY TO BIG BUSINESSES. IT'S ESPECIALLY UNFAIR THAT SMALLER LOCAL BUSINESSES DON'T BENEFIT FROM THIS TYPE OF GOVERNMENT FAVORITISM. YOU KNOW, LIDA AND GOVERNMENTS ACROSS THE NATION RUN THESE TYPES OF PROGRAMS IN THE NAME OF JOBS. JOB CREATION, BUT EVERY COMMUNIST SOCIALIST GOVERNMENT ACROSS HISTORY HAS ALLOCATED CAPITAL IN THE NAME OF JOB CREATION. AND EVERY SINGLE TIME THEY'VE BEEN OUTPERFORMED BY FREE MARKET CAPITALISM, FREE MARKET, A COMPETITIVE MARKETPLACE CREATES MORE JOBS, MORE WEALTH, AND MORE PROSPERITY THAN ANY OTHER GOVERNMENT INTERVENTION IN THE PROGRAM AND INTO THE MARKETS. SO WE WOULD BE MUCH BETTER OFF TO SERVE THE IDEAL OF FREE MARKET CAPITALISM, LOWER TAXES FOR EVERYONE.

RATHER THAN GIVING MONEY TO GOVERNMENT FAVORITES. SO I OPPOSE THESE TYPES OF PROGRAMS. I WOULD ENCOURAGE YOU ALL TO VOTE AGAINST IT AS WELL.

ANY FURTHER QUESTIONS OR COMMENTS? ALL RIGHT, I HAVE A MOTION AND A SECOND.

ALL IN FAVOR, LET IT BE KNOWN BY SAYING AYE. AYE. ANY OPPOSED, SAY NAY. NAY. OKAY, WE HAVE TWO NAYS. IS THAT RIGHT? ALL RIGHT. SO THAT MOTION PASSES 5-2. ALL RIGHT.

I BELIEVE THAT EXHAUSTS OUR CONSENT AGENDA. IS THAT RIGHT?

[1. Public Hearing - Planning (District 5): Consider a request for Zone Case 3537, a request of Hugo Reed and Associates, Inc. for Starlight Development, LLC, for a zone change from Low Density Single-Family District (SF-2) to Heavy Commercial District (HC), at 14612 Frankford Avenue, located west of Frankford Avenue, south of 146th Street, and north of Woodrow Road, on 35.5 acres of unplatted land out of Block AK, Section 10, and consider an ordinance.]

LET'S MOVE ON TO OUR BREAK.

WE'RE GOING TO START BY TAKING UP ZONING CASE 3537, A REQUEST OF HUGO REED AND ASSOCIATES INCORPORATED FOR STARLIGHT DEVELOPMENT LLC, FOR A ZONE CHANGE FROM LOW-DENSITY SINGLE-FAMILY DISTRICT. RSF 2 TO HEAVY COMMERCIAL DISTRICT, H.C. AT 14612 FRANKFORT AVENUE, LOCATED EAST OF FRANKFORT AVENUE, SOUTH OF 146TH STREET AND NORTH OF WOODROW ROAD. 35.5 ACRES OF UNPLATTED LAND. WE'LL CONDUCT A PUBLIC HEARING FIRST FOR AGENDA ITEM 7.1. AND AS A REMINDER, THE PURPOSE OF THE PUBLIC HEARING IS TO HEAR FROM THE APPLICANT AND ANY MEMBERS OF THE PUBLIC IN FAVOR OF OR OPPOSED TO THAT ITEM. THE COUNCIL MAY ASK QUESTIONS DURING THE PUBLIC HEARING? BUT NO DISCUSSION OF THE MERITS WILL BE CONDUCTED BY THE COUNCIL DURING THE PUBLIC HEARING.

THOSE ARE RESERVED FOR, OF THE VOTE. I'D LIKE TO CALL ON DIRECTOR OF PLANNING TO PROVIDE A BRIEF SUMMARY ON THIS ZONING CASE, SUBJECT TO THE PUBLIC HEARING. GOOD AFTERNOON, MAYOR AND COUNCIL.

ITEM 7.1, ZONE CASE 3537. THE APPLICANT IS HUGO REED AND ASSOCIATES FOR STARLIGHT DEVELOPMENT. THE REQUEST IS FOR A ZONE CHANGE FROM LOW-DENSITY SINGLE-FAMILY SF2 TO HEAVY COMMERCIAL. WE SENT OUT 26 NOTIFICATIONS, RECEIVING ZERO IN FAVOR, 81 IN OPPOSITION, 71 OF WHICH ARE OUTSIDE THE 400-FOOT NOTIFICATION BOUNDARY. SO, OF THE 10 INSIDE THE NOTIFICATION BOUNDARY, EIGHT OF THOSE ARE OUTSIDE CITY LIMITS.

THIS PROPERTY IS LOCATED WEST OF FRANKFORT AVENUE, NORTH OF WOODROW ROAD, IN DISTRICT 5.

HERE IS THE RESPONSE MAP SHOWING THE 10 RESPONSES WITHIN THE 400 FOOT NOTIFICATION BOUNDARY. I WILL PREFACE THIS BY SAYING, THIS

[00:50:02]

RESPONSE MAP SHOWS THE ACREAGE OF THE ORIGINAL REQUEST, 51.3 ACRES. THE APPLICANT HAS SINCE REDUCED HIS REQUEST TO 35.5 ACRES. SO, THE PROPERTY ON FURTHEST WEST ON THIS MAP WOULD NOT BE INCLUDED IN THE NOTIFICATION BOUNDARY WITH THE NEW ACREAGE. HERE'S AN AERIAL VIEW OF THE SUBJECT PROPERTY.

PROPERTY TO THE NORTH IS CURRENTLY VACANT, AS WELL AS TO THE WEST. THERE ARE HOMES TO THE SOUTH IN THE COUNTY, ACROSS WOODROW ROAD, AS WELL AS HOMES BOTH INSIDE AND OUTSIDE CITY LIMITS TO THE EAST. CURRENT ZONING IS LODEN CITY SINGLE FAMILY SF2.

THERE'S SF2 ZONING TO THE NORTH AND WEST. SOME ADDITIONAL SF2 ACROSS FRANKFORD AVENUE AND THEN OUTSIDE CITY LIMITS TO THE SOUTH AND EAST. THE FUTURE LAND USE PLAN DID NOT CONTEMPLATE THIS AREA WHEN IT WAS COMPLETED IN 2018. IT WAS OUTSIDE CITY LIMITS. THE FUTURE LAND USE MAP AT THAT TIME CONTEMPLATED COMMERCIAL ZONING AT THE INTERSECTION OF TWO THOROUGHFARES OR ARTERIALS.

AND THEN LOW-DENSITY RESIDENTIAL THROUGHOUT, KNOWING THAT PROPERTY OWNERS WOULD COME IN FOR APPROPRIATE ZONING AT A LATER TIME. HERE'S SOME PHOTOS OF THE SUBJECT PROPERTY AND SURROUNDING AREA. THIS IS THE ORIGINAL EXHIBIT OF THE 51.3 ACRES THAT WAS HEARD BY THE PLANNING AND ZONING COMMISSION AT THEIR NOVEMBER MEETING. HERE'S THE NEW REQUEST, REDUCING THE OVERALL ACREAGE TO 35.5 ACRES. AND THEN THOSE TWO SIDE BY SIDE, SO YOU CAN SEE THE REDUCTION.

THIS PROPERTY WAS ANNEXED AFTER THE FUTURE LANE-G-SNAP WAS COMPLETED, AS WE DISCUSSED.

THE PROPOSED ZONE CHANGE IS COMPATIBLE WITH THE ZONING ORDINANCE AND WILL BE APPROPRIATE AT THIS LOCATION.

ALTHOUGH THE PROPERTY IS PRIMARILY BOUNDED BY LOW-DENSITY SINGLE-FAMILY DISTRICTS AND UNINCORPORATED PROPERTIES, IT FRONTS BOTH FRANKFORD AND WOODROW, WHICH ARE BOTH ARTERIALS. THE PROPERTY IS LOCATED ON FRANKFORD AVENUE, AS I MENTIONED, IS AN ARTERIAL.

STAFF HAS NO OBJECTION TO THE REQUEST. HOWEVER, THE PLANNING AND ZONING COMMISSION RECOMMENDED DENIAL BY A VOTE OF 1 TO 5, AND I'D BE PLEASED TO ANSWER ANY QUESTIONS. ARE THERE ANY QUESTIONS, MS. SAGER? THANK YOU VERY MUCH.

ALL RIGHT, I'LL NOW OPEN THE PUBLIC HEARING ON AGENDA ITEM 7.1.

FIRST OF ALL, I'LL CALL UP ANYONE WHO WISHES TO SPEAK IN FAVOR OF THE ZONING IN THIS CASE. IF YOU'RE HERE, PLEASE COME FORWARD. PLEASE, WHEN YOU COME FORWARD, GIVE US YOUR NAME AND YOUR ADDRESS.

GOOD AFTERNOON, MAYOR AND COUNCILMEMBERS. I'M TERRY HOLMAN WITH HUGO REED & ASSOCIATES. WE ARE THE APPLICANT. I'LL BE TAG-TEAMING OUR PRESENTATION TODAY WITH MR. PAYNE, THE PROPERTY OWNER.

HE WILL BE DOING MOST OF THE HEAVY LIFTING FOR ME.

MY JOB IS A LITTLE EASIER TODAY. I WOULD LIKE TO...

TO WALK THROUGH MAYBE SOME OF THE TECHNICAL ASPECTS OF THIS ZONE CASE. I VERY MUCH APPRECIATED THE GRAPHIC THAT KRISTEN AND HER DEPARTMENT PUT TOGETHER, SHOWING THE PRIOR REQUEST AND THE CURRENT REQUEST SIDE BY SIDE, AND I CAN SPEAK TO THAT AS WELL. LET'S JUST DO THAT FOR A MOMENT. YES, THE ONE ON THE TOP WAS OUR ORIGINAL REQUEST. IT WAS ABOUT 51 ACRES GROSS. I SAY GROSS, BECAUSE A PRETTY FAIR PART OF THAT IS CHEWED UP BY GAS TRANSMISSION LINE EASEMENT THAT WE WERE WORKING WITH TO TRY TO SHAPE THIS. THIS PROPERTY TOGETHER. ON THE WEST END, WE ENCOUNTERED, WE ALREADY KNEW ABOUT IT, BUT WE HAD A PRETTY SIZABLE PLAT LAKE ON THE FAR WEST END.

ORIGINALLY, WE REQUESTED THE ZONING TO GO THROUGH THAT IN THE HOPES THAT MAYBE IT MIGHT BE A... AVAILABLE TO US TO DEVELOP IF WE SO CHOSE. I MEAN, WE TECHNICALLY STILL COULD, BUT WHEN WE STARTED PUTTING PENCIL TO PAPER, IT JUST BEGAN TO NOT MAKE SENSE. TO TRY TO DEVELOP DOWN IN THE BOTTOM OF THAT PLAYA LAKE, RIGHT? THE OTHER THING THAT WE ENCOUNTERED WAS WE DID COME TO LEARN THAT. THERE ARE SOME DEED RESTRICTIONS IN PLAY ON THE FAR, FAR WEST END, WHICH GETS IN THE WAY OF COMMERCIAL DEVELOPMENT ANYWAY.

IT JUST MADE SENSE FOR US TO BACK OFF AND CLIP THE WEST END OF THIS PROPERTY OFF. THE NEW REQUEST, BUT FOR REMOVING THE WEST END, IS PRIMARILY THE SAME SHAPE OF PROPERTY. THE OTHER THING I'D LIKE TO GO THROUGH... THIS TELLS A STORY PRETTY WELL FOR US. WE ENVISION WOODROW ROAD, MUCH LIKE YOU SEE, FURTHER DOWN TO THE EAST, TOWARDS THE COOPER HIGH SCHOOLS. WOODROW CERTAINLY IS NOT LOOP 88, RIGHT? BUT WE ENVISION ULTIMATELY WOODROW ROAD BEING A LITTLE BIT HEAVIER PLAYER WITH RESPECT TO RETAIL AND TRAFFIC. NOT TODAY, BUT IN DECADES TO COME. WE LOOK AT IT AS SORT OF BEING THE NEXT MAJOR CORRIDOR FOR...

FOR NON-RESIDENTIAL, AND SO WE FELT LIKE IT WAS APPROPRIATE FOR US TO REQUEST NON-RESIDENTIAL ZONING AT THIS LOCATION. THE OTHER THING I'D LIKE TO POINT OUT IS JUST THE GEOMETRY

[00:55:01]

OF WHAT WE'RE REQUESTING. IF YOU LOOK AT THE BLACK BOUNDARY THERE, THAT IS OUR CURRENT REQUEST.

IF YOU'LL ALSO LOOK AT THE PURPLE AREA JUST TO THE EAST OF THAT, THAT IS WHAT I WILL CALL THE COMMERCIAL LEAVE OUT. THAT WE DID WHEN WE DESIGNED THE HIGHLAND OAKS DEVELOPMENT. WE HAD ALWAYS ENVISIONED THAT TO BE SORT OF A STANDARD RETAIL CORNER.

WE DID UNDERSIZE IT A LITTLE BIT. IT'S NOT QUITE 10 ACRES THERE, BUT IT WAS JUST THE WAY THAT THE PROPERTY FIT TOGETHER.

AND SO, RATHER THAN US, TRY TO HAVE SORT OF A LARGE 20-ACRE POWER CENTER RIGHT AT THE CORNER OF WOODROW ROAD AND FRANKFORT AVENUE, WE FELT IT WAS SMARTER FOR US, AND MAYBE FOR OUR CLIENTS, AND MAYBE FOR THE PUBLIC.

TO HAVE A LITTLE BIT SMALLER, MORE LINEAR STRETCH OF NON-RESIDENTIAL ALONG THAT WOODROW ROAD, GOING DOWN TO WHERE WE KIND OF BEGIN TO GET INTO THE PLOW LAKE AREA.

SO WE DON'T HAVE A LOT OF DEPTH TO WORK WITH ON THIS PROPERTY, WHICH MEANS, BY DEFAULT, THAT LIMITS US OUT OF HAVING A LOT OF BIG, BIG USERS ON THE PROPERTY. WE HAVE A GAS TRANSMISSION LINE EASEMENT THAT'S ON THE BACK OF THE PROPERTY, SO THE NET DEPTH IS ONLY ABOUT 300 FEET.

AFTER IT'S ALL SAID AND DONE.

SO IT'S GOING TO FUNCTION MORE LIKE SORT OF YOUR MID-MILE RETAIL THAT WE SEE THESE DAYS ANYWAY. WE HAD ORIGINALLY ASKED FOR HC ZONING, AND WE DID GET A LOT OF OPPOSITION AT PLANNING AND ZONING. WE DID HAVE A MEETING WITH THE NEIGHBORS BEFORE THAT. A MAJORITY OF THOSE RESIDENTS LIVED IN THE HIGHLAND OAKS NEIGHBORHOOD, WELL AWAY FROM THIS PROPERTY.

TO BE FAIR, THERE ARE SOME LANDOWNERS THAT WORK DIRECTLY SOUTH WOODROW ROAD THAT WE WOULD CALL OUR NEIGHBORS.

ON THOSE PEOPLE, SOUTH WOODROW ROAD, THEY ARE MOSTLY RESIDENCES. HOWEVER, THERE'S A PRETTY LARGE MILLWORKS FACILITY THERE. THERE'S ALSO A SMALL NURSERY, A GREENHOUSE, NOT REALLY A GREENHOUSE, BUT A SMALL NURSERY RETAILER THERE.

SO IT IS A...

AT LEAST A SLIGHT BLEND OF RESIDENTIAL AND NON-RESIDENTIAL. SO WE ASKED FOR HC ZONING BECAUSE WE WANTED TO FREE UP THIS PROPERTY FOR SOME OF THE USES. THAT MAY NOT BE JUST TYPICAL STRIP CENTER, NAIL SALON, FAST FOOD RESTAURANT, THAT KIND OF STUFF. WE WANTED TO OPEN IT UP FOR THINGS THAT MIGHT BE MORE AKIN TO WHAT WE MIGHT EXPECT OUT HERE. THE FEEDBACK WE GOT AT PLANNING AND ZONING COMMISSION DID EDUCATE US, QUITE FRANKLY. AND WE ASKED FOR TIME FROM THE PLANNING DEPARTMENT FOR US TO GO BACK TO THE DRAWING BOARD A LITTLE BIT.

AND FIND A WAY TO ADDRESS THEIR CONCERNS AS BEST AS WE CAN. WE ARE STILL ASKING FOR HC ZONING. HOWEVER, THERE ARE MANY USES IN THE HC ZONING DISTRICT THAT, QUITE FRANKLY, WE JUST DON'T NEED OR DON'T WANT. WE DON'T WANT TO MARKET TO. WE DON'T WANT IT ON OUR PROPERTY. SO WE WERE ABLE TO GET SOME DOCUMENTS PREPARED, AND I'LL... LET MR. PAYNE ADDRESS THAT. SO WE ARE ASKING FOR HC ZONING, BUT WE BELIEVE WE HAVE A MECHANISM IN PLACE THAT WILL HELP INSULATE SOME OF THE NEIGHBORING RESIDENCES FROM SOME OF THE MOST HEAVIEST USES THAT ARE AVAILABLE TO US THROUGH THE ZONING IN THAT DISTRICT. LASTLY, IT'S NEVER REALLY A ZONING ISSUE, BUT I ALWAYS LIKE TO ADDRESS THAT. THERE WAS A LOT OF TALK AT PLANNING HIS OWN COMMISSION ABOUT.

ABOUT DRAINAGE AND ABOUT FLOODING AND THOSE TYPES OF THINGS. AND I'LL TELL YOU WHAT YOU ALREADY KNOW, BUT I ALWAYS SAY THIS FOR THE PUBLIC BENEFIT. YOUR ENGINEERING DEPARTMENT HOLDS US TO A VERY HIGH STANDARD WHEN IT COMES TO DEVELOPMENT OF PROPERTY. CERTAINLY, THE FIRST THING WE DO IS ASK FOR THE ABILITY TO HAVE CERTAIN LAND USES ON THE PROPERTY, BUT THEN IT'S UP TO US TO DEMONSTRATE TO YOUR ENGINEERING DEPARTMENT WHEN WE DEVELOP THAT WE'RE NOT CREATING FLOODING PROBLEMS FOR PEOPLE DOWNSTREAM.

SOUTHEAST OF US, IT'S AN OLD COUNTY DEVELOPMENT STRUCTURE.

HAS BEEN THERE FOR A LONG TIME. WE'RE WELL AWARE THAT THERE ARE HOMES DOWN THERE THAT ARE SUBJECT TO FLOODING. AND I'LL STATE HERE WHAT I SAID AT PLANNING AND ZONING. WE CAN'T PROMISE THAT WE'LL MAKE IT ANY BETTER FOR THEM, BUT WE CAN ALSO PROMISE THAT WE'RE DEFINITELY NOT GOING TO MAKE IT ANY WORSE FOR THEM. WE'LL BE REQUIRED BY YOUR ENGINEERING DEPARTMENT TO DEMONSTRATE THAT FROM AN ENGINEERING PERSPECTIVE. WE BELIEVE WE'RE DOING, I THINK, WHAT WE NEED TO DO TO ADDRESS THE NEIGHBOR CONCERNS. I'D BE HAPPY TO... ANY QUESTIONS, BUT WITH THAT, I'D LIKE TO ASK MR. PAYNE TO COME UP AND SORT OF EXPRESS HIS PERSPECTIVE ON THE PROJECT. THANK YOU.

MAYOR, COUNCIL, THOMAS PAYNE, 15309 F.M. 1730 IN LUBBOCK COUNTY. I APPRECIATE YOU ALL ALLOWING ME TO COME SPEAK TODAY. IT'S MY OBJECTIVE TODAY. TO ADDRESS SOME CONCERNS THAT HAVE BEEN RAISED AND TO SATISFY THOSE CONCERNS, NOT JUST FOR THE COUNCIL, BUT FOR THE FOLKS WHO ARE NEIGHBORS

[01:00:02]

TO THIS LAND, WHETHER THEY'RE INSIDE THE COUNTY OR NOT. AND I BELIEVE THAT I WILL HAVE DONE THAT BY THE TIME I. I'LL SHOW YOU WHAT I'VE DONE. THIS IS A LITTLE BIT COMPLICATED FOR ME IN TERMS OF HOW TO HANDLE IT, BECAUSE ONE OF THE, I TALKED ABOUT THINGS AT THE PLANNING AND ZONING MEETING. THAT WOULD BE ALLOWED AND WOULD NOT BE ALLOWED, NOT JUST ACCORDING TO CITY ORDINANCES, BUT ACCORDING TO DEED RESTRICTIONS. AND I EXPLAINED THAT THIS IS INTENDED TO BE SOMETHING SIMILAR TO WHAT I DID IN FRONT OF THE HIGH SCHOOL, EAST OF SLIDE ROAD. AND IF YOU LOOK DOWN THERE, AND I'M SURE YOU ALL HAVE ALL BEEN BY THERE A TIME OR TWO, WHAT YOU SEE IS PROBABLY THE BEST.

EXAMPLE OF THE USE THAT REQUIRES HEAVY COMMERCIAL UNDER OUR CODE IS THE ATLAS SOIL TESTING FACILITY. IT'S A VERY NICE BUILDING, WITH OFFICES, A SUBSTANTIAL AMOUNT OF OFFICES AND MASONRY ON THE FRONT, ACCOMPANIED BY A METAL WAREHOUSE THAT HOUSES THEIR SUPPLIES FOR WHAT THEY DO FOR A LIVING. IT'S NOT A SALES FACILITY, BUT THEY GO OUT AND DO SOIL TESTING. AND THEN BEHIND FENCE, THEIR VEHICLES ARE STORED BEHIND THOSE BUILDINGS. THAT'S THE THING THAT IS REQUIRED IN A... HEAVY COMMERCIAL ZONING THAT WOULD NOT BE ALLOWED IN LESSER THAN HEAVY COMMERCIAL ZONING. THE PLACE THAT THIS GETS A LITTLE BIT COMPLICATED IS THE CITY OF LUBBOCK.

BASICALLY WASHES THEIR HANDS, AND APPROPRIATELY SO, OF ANYTHING TO DO WITH DEED RESTRICTIONS. AND WE ALL UNDERSTAND THAT.

BUT THERE WAS A LOT OF TALK ON THE PART OF THE NEIGHBORS ABOUT A CONCERN THAT I WOULD...

ACHIEVED THIS HEAVY COMMERCIAL ZONING THAT WAS REQUESTED AND NOT FOLLOW THROUGH AND KEEP MY WORD ABOUT WOULD NOT ALLOW ON THE LAND. THE ONLY WAY I CAN FIGURE TO ADDRESS THAT, THAT I HAVE FIGURED TO ADDRESS THAT, IS THROUGH DEED RESTRICTIONS. SO MY POINT AT THE TIME OF THE PLANNING AND ZONING MEETING WAS A COMMITMENT TO PUT THOSE RESTRICTIONS IN PLACE AFTER THE FACT. AND THE REASON FOR THAT IS BECAUSE THAT'S NORMALLY HOW IT'S DONE.

DEED RESTRICTIONS ARE A PRIVATE MATTER, AND DEVELOPERS TYPICALLY PUT THOSE IN PLACE WHEN THEY ACTUALLY GO TO DEVELOP LAND, RATHER THAN WHEN THEY JUST ARE GOING TO ZONE LAND. SO THE REASON THAT OUR ORIGINAL PLANNING AND ZONING MEETING WAS NOVEMBER THE 6TH, I BELIEVE. THE REASON THAT WE'VE HAD TWO POSTPONEMENTS IS BECAUSE I'VE BEEN WORKING HARD TO ACHIEVE THE END THAT I JUST SAW. THE ONLY WAY THAT I HAVE IN MIND IS TO CREATE DEED RESTRICTIONS BEFORE THE FACT, WHICH I'VE DONE, AND I REALIZE THE CITY DOESN'T LITERALLY HAVE ANYTHING TO DO WITH THOSE, BUT I AM GOING TO PRESENT TO YOU THOSE DEED RESTRICTIONS BECAUSE I THINK THEY PERTAIN DIRECTLY TO MY REQUEST FOR THE HEAVY ZONING IN THIS CASE. THANK YOU.

POINTS FOR YOU THAT I THINK WILL MAKE BOTH YOU AND THE NEIGHBORS HOPEFULLY COMFORTABLE. ONE OF THE THINGS THAT WE DID IS WE REDUCED THE AREA OF THE ZONING THAT WAS REQUESTED SUBSTANTIALLY. AND THEN THE OTHER THING THAT I'VE DONE IS, AND THESE ARE THE DECLARATIONS THAT WILL BE RECORDED. SO, SO SORRY, I FORGOT ONE. IS A LETTER FROM BOB BRANDT ON BEHALF OF WESTERN TITLE COMPANY CONFIRMING THAT? I HAVE DELIVERED EXECUTED DEED RESTRICTIONS, AS YOU SEE IN YOUR POSSESSION, TO THEM FOR RECORDING UPON THIS ZONING BEING APPROVED. AND THE REASON FOR THAT IS IT WOULD NOT MAKE ANY SENSE FOR ME TO PLACE THOSE OF RECORD BEFORE I HAVE THE ZONING. THAT WOULD NOT MAKE ANY SENSE TO ANYBODY.

BUT THE THINGS I WANT TO POINT OUT TO YOU IN THE MAIN THING.

IS THAT ON PAGE 3, PARAGRAPH D, AND I WANT TO READ THIS FOR THE BENEFIT OF THE FOLKS THAT ARE HERE.

NOTWITHSTANDING ANYTHING HEREIN CONTAINED. TO THE CONTRARY, ALL DEVELOPMENT OF THE TRACKS, ON THE TRACKS, SHALL BE SUBJECT TO ALL OF THE ORDINANCES OF THE CITY OF LUBBOCK, WHICH, OF COURSE, IS THE CASE, WHETHER I SAY THAT OR NOT. THE ARC, THE ARCHITECTURAL REVIEW COMMITTEE, SHALL NEVER HAVE THE AUTHORITY TO PREEMPT OR WAIVE ANY CITY OF LUBBOCK ORDINANCES.

HOWEVER, THE ARC MAY MAKE REQUIREMENTS THAT ARE MORE

[01:05:01]

STRICT THAN A CITY OF LUBBOCK ORDINANCE. USES ALLOWED ON THE TRACK SHALL BE LIMITED TO ANYTHING IN THE CITY OF LUBBOCK AC AND N.C. ZONING DISTRICTS, PLUS THE FOLLOWING SPECIFIC USES REQUIRE HC ZONING. THE ONLY USE I'VE LISTED IN HC ZONING IS CONTRACTOR, SHOP AND OR SERVICE YARD. AND THAT IS BECAUSE OF MY EXAMPLE OF THE ATLAS FACILITY, BECAUSE THERE WILL BE SUCH USERS ON THIS LAND, AND I NEED TO BE ABLE TO ALLOW SUCH USERS.

BUT THAT IS THE ONLY USE IN THE HC ZONING DISTRICT THAT IS ALLOWED, AND IT IS THE ONLY REASON THAT I COULD NOT AGREE TO REMOVE HC AND TURN IT INTO AC AND NC, BECAUSE I BELIEVE THAT'S A SIGNIFICANT COMPONENT OF THE DEVELOPMENT DOWN THIS STREET AND THE DEVELOPMENT HERE. LET'S TALK ABOUT SOME DIFFERENCES BETWEEN DOWN THE STREET AND WHAT I DID HERE. WHEN I DEVELOPED DOWN THE STREET, I PLANTED THOSE LOTS. THEY WERE AND CONTINUE TO BE IN THE COUNTY OF LUBBOCK. THEY ARE NOT IN THE LUBBOCK CITY LIMITS. THE LUBBOCK CITY LIMITS ARE ACTUALLY THE NORTH OR BACK SIDE OF THOSE LOTS, BUT THEY ARE IN THE COUNTY. SO I COULD HAVE SOLD THOSE LOTS WITH NO RESTRICTIONS.

SIMILARLY TO THIS, I PLACED DEED RESTRICTIONS ON THOSE LOTS THAT WERE QUITE RESTRICTIVE. BY CHOICE, BECAUSE I DON'T WANT THOSE OTHER 13 THINGS THAT ARE IN HEAVY COMMERCIAL ANY MORE THAN MY NEIGHBORS DO DOWN THERE OR DOWN HERE. THE SIGNIFICANCE OF BEING IN THE CITY LIMITS VERSUS NOT IS THAT WITH BEING IN THE CITY LIMITS? THERE ARE ADDITIONAL RESTRICTIONS THAT COME THAT DON'T EXIST IN THE COUNTY, IN THE COUNTY.

NO BUILDING PERMIT IS REQUIRED.

NO INSPECTIONS ARE REQUIRED.

PEOPLE JUST GO BUILD AS THEY WANT TO, SUBJECT TO DEED RESTRICTIONS, BUT NONETHELESS, THAT'S A DIFFERENT THING FROM CITY ORDINANCE. THESE DEED RESTRICTIONS REQUIRE EVERYONE TO COMPLY WITH CITY ORDINANCE, BOTH IN REGARD TO LANDSCAPING, ALL CITY ORDINANCE, PERMITTING, THE WHOLE EVERYTHING. SO THEY CAN'T BUILD HERE WITHOUT A PERMIT. THEY CAN'T GET A CO TO OCCUPY THE BUILDING WITHOUT GETTING IT FROM THE CITY. SO YOU HAVE THE LAYERS OF CITY ORDINANCES, AND ON TOP OF THAT, THE PRIVATE DEED RESTRICTIONS I'VE CREATED, WHICH WILL BE RECORDED UPON APPROVAL OF THIS CASE, BOTH OF WHICH SERVE TO RESTRICT THE USES ON THIS LAND. THESE TRACTS OF LAND WITHIN THIS AREA WILL BE HALF ACRE TO MAYBE AS MUCH, AT MOST THREE ACRE TRACTS.

THEY WILL NOT ACCOMMODATE LARGE BUILDINGS BECAUSE OF THE LIMITED DEPTH, DIMENSION OF THESE TRACTS.

IT'S ONLY ROUGHLY 285 FEET, I THINK. IS THAT RIGHT? MAYBE AS MUCH AS 300, BUT THE NET USABLE LAND IS NO DEEPER THAN THAT. BEHIND THIS LAND, THE ENTIRETY OF WHAT YOU SEE NOW. SUBJECT TO THIS ZONE CASE, IS A 75-FOOT WIDE GAS EASEMENT ON BEHALF OF ATMOS ENERGY. AND SO I NEED TO DEVELOP MY LAND.

I'LL JUST SAY THAT. I NEED TO DO IT REASONABLY, BUT I NEED TO DEVELOP MY LAND.

I CAN'T DO ANYTHING ELSE REALLY WITH THIS LAND. IF I WERE TO TURN IT INTO, FOR EXAMPLE, YOU MIGHT SAY, WELL, MAKE IT ONE ACRE WIDE. NOBODY IS BUILDING HOUSES FACING WOODROW ROAD. SO EAST OF THIS, THERE'S ONE HOUSE ADJACENT TO THIS ZONE CASE DESCRIPTION THAT FACES WOODROW ROAD, AND THAT'S MR. PHILLIPS' HOUSE ON THE CORNER. THAT'S THE ONLY HOUSE THAT FACES THE ROAD. IF YOU LOOK AT THE DEVELOPMENTS TO THE SOUTH OF WOODROW ROAD, KIND OF TOWARD THE WEST END, EVERY ONE OF THOSE HOUSES SIDES INTO WOODROW ROAD, AND MANY OF THOSE HOUSES HAVE A METAL SIDING WAREHOUSE.

BETWEEN THE HOUSE AND WOODROW ROAD. AND SO I'M NOT, I MEAN, I WILL NEVER DEVELOP THIS AS SINGLE FAMILY RESIDENCES, BECAUSE NOBODY'S GOING TO BUY THAT LAND FOR THAT USE. SO I'VE DONE EVERYTHING THAT I CAN TO PLACE RESTRICTIONS HERE THAT ADDRESS ALL OF THE CONCERNS THAT THE FOLKS HAD. AND I BELIEVE I'VE SUCCEEDED AT DOING THAT. MY REQUEST IS THAT THE ZONE CASE BE APPROVED, UNDERSTANDING THAT MY COMMITMENT TO RECORD THESE RESTRICTIONS IS NOT JUST A COMMITMENT FOR ME. SO I'M TRYING TO REMOVE THE ISSUE THAT PEOPLE SAY, WELL, MAYBE WE DON'T TRUST YOU TO RECORD THE RESTRICTIONS. SO THAT'S WHY I GAVE YOU THE COVER LETTER. THAT HAS BEEN DELIVERED. ENTITLED TO BOB GRANT, WHO IS, BY THE WAY, A RESIDENT OF HIGHLAND OAKS, I'M SURE ALL THE FOLKS KNOW HIM, WITH INSTRUCTIONS TO RECORD IT UPON CONFIRMATION

[01:10:01]

FROM THE CITY THAT THE ZONING HAS BEEN APPROVED, AND ONLY THEN. SO IT'S OUT OF MY HANDS, AND I WANT TO BE CLEAR. THEY'RE NOT MINE TO GO CHANGE. THEY'VE BEEN DELIVERED WITH INSTRUCTIONS.

MR. BRANDT, I THINK ALL THE FOLKS KNOW, IS A TRUSTWORTHY INDIVIDUAL.

SO I HAVE ENTRUSTED THEM INTO HIS, HIS HANDS WITH THAT COMMITMENT. JUST TO GIVE YOU A LITTLE BACKGROUND, I SPOKE TO MR. RAHINO. MY IDEA WAS TO DELIVER THESE RESTRICTIONS INTO THE HANDS OF THE CITY SO THE CITY COULD CONTROL THAT.

AND MR. RAHINO APPROPRIATELY EXPLAINED TO ME THAT HE COULD NOT DO THAT BECAUSE THE CITY CAN'T BE IN THAT POSITION WITH PRIVATE DEED RESTRICTIONS, WHICH I UNDERSTAND. SO THAT'S WHY I'VE TAKEN THE STEP THAT I'VE TAKEN. THE OTHER THING I WANT TO MENTION, AND I'LL...

FINISH UP QUICKLY. I WANTED THIS LAND TO BE INSIDE THE CITY LIMITS BECAUSE OF THE PROTECTION BEING IN THE CITY PROVIDES, BECAUSE OF THE ORDINANCES THAT THE CITY HAS. SO LET'S TALK ABOUT IN THE CITY AND NOT REAL QUICK.

THERE ARE CITY ORDINANCES THAT REQUIRE WHEN THESE TRACKS ARE SUBMITTED.

FOR A BUILDING PERMIT REQUEST, THE MOST CLEAR EXAMPLE I'M GOING TO GIVE YOU IS THE CITY REQUIRES A LIGHTING STUDY BE DONE TO MAKE SURE THAT THE LIGHTING ON THESE TRACKS DOES NOT CAUSE A PROBLEM WITH NEIGHBORING TRACKS, NEIGHBORING MEANING NEXT DOOR OR ACROSS THE STREET.

WITHOUT BEING IN THE CITY LIMITS, NO SUCH THING IS REQUIRED. AND THERE ARE OTHER SIMILAR EXAMPLES, LANDSCAPING REQUIREMENTS, THERE ARE A NUMBER OF SIMILAR EXAMPLES. THE LIGHTING IS THE ONE I CALL YOUR ATTENTION TO, IS THE ONE. I THINK IS KIND OF THE BEST EXAMPLE OF PROTECTIONS THAT COME FROM BEING IN THE CITY, AS OPPOSED TO NOT BEING IN THE CITY. IF I CAN'T ZONE THIS LAND SO THAT I CAN APPROVE IT, THE ONLY OPTION THAT WOULD BE LEFT TO ME WOULD BE TO REQUEST DISANNEXATION, WHICH GIVES UP ALL OF THESE PROTECTIONS, AND WHICH I NEVER SET OUT TO DO, AND IT'S NOT MY INTENTION, NOR MY DESIRE TO DO IT, BECAUSE I WANT THE GREATER RESTRICTIONS TO BE IN PLACE. SO I HOPE THAT I HAVE GIVEN YOU GOOD REASONS TO SUPPORT THE CASE, AND I ASK THAT YOU DO. I'LL BE HAPPY TO ANSWER ANY QUESTIONS. THANK YOU. ONE QUESTION THAT I HAVE IS, SO HOW FOR OUR HERE IN EDUCATION, ARE DEED RESTRICTIONS IN PLACE? SO, GREAT QUESTION.

DEED RESTRICTIONS THAT ARE PLACED OF RECORD, AS THESE WILL BE, ARE ENFORCEABLE BY ANY NUMBER OF PEOPLE. THEY WOULD BE ENFORCEABLE BY THE PEOPLE WHO OWN PROPERTY WITHIN THIS, BUT ALSO PEOPLE WHO DON'T.

THEY WOULD BE ENFORCEABLE BY PRIVATE TREATY.

IN OTHER WORDS, A PRIVATE INDIVIDUAL WOULD HAVE TO... A PRIVATE INDIVIDUAL, OR THE HOA WOULD HAVE TO FILE A SUIT TO ENFORCE THOSE PROVISIONS.

SO THEY'RE ENFORCED BY SUITS, BY AN INDIVIDUAL WHO HAS STANDING TO CHALLENGE IT. AND I SAY, HOA, IT'S LIKE AN HOA, BUT IN THIS SETTING, IT'S CALLED AN OPA, WHICH IS AN OFFICE PARK ASSOCIATION. THE OFFICE PARK ASSOCIATION IS THE DIRECT PARTY, IF YOU WILL, THAT'S...

FOR ENFORCING THESE RESTRICTIONS. SO, LIKE WITH AN HOA, THE HOA INSPECTS THE PROPERTIES IN THE HOUSING SUBDIVISION, SENDS NOTICE OF VIOLATIONS, ISSUES PENALTIES FOR VIOLATIONS, AND, IF IT COMES TO IT, TAKES ENFORCEMENT ACTION FOR VIOLATIONS.

BUT IT'S NOT LIMITED TO THEM.

SO YOUR INTENTION IS THERE WOULD BE AN OPA FORMED FOR THESE PROPERTIES? THESE DEED RESTRICTIONS CONTEMPLATE THAT SPECIFICALLY, AND YES, THEY WILL BE. ONE OTHER THING I SHOULD HAVE MENTIONED, I'M SORRY, BUT I WANT TO INTERJECT. THESE DEED RESTRICTIONS ARE ESTABLISHED SO THAT THEY CANNOT BE REMOVED OR TERMINATED, IF YOU WILL. THEY ARE ESTABLISHED SO THAT NO ONE IN THE FUTURE CAN EVERĀ— MAKE COVENANTS, RESTRICTIONS THAT ARE LESS RESTRICTIVE THAN THE ONES IN THIS DOCUMENT. SO A FUTURE HOA BOARD, IF I SOLD ALL THE LOTS AND I WAS GONE, A FUTURE HOA BOARD, WHICH WOULD BE COMPRISED OF THE OWNERS, CAN MAKE MORE RESTRICTIVE RESTRICTIONS, BUT CANNOT EVER MAKE.

RESTRICTIVE RESTRICTIONS. SO THEY CAN'T GET TOGETHER AND SAY, OH, WE ALL WANT TO DO THINGS THAT THIS DOESN'T SAY, SO WE'RE GOING TO CHANGE. THEY CAN'T DO IT. THIS DOCUMENT PREVENTS THEM FROM DOING IT.

SO I'VE DONE EVERYTHING IN MY POWER TO ENSURE THAT WHAT YOU SEE

[01:15:01]

BEFORE YOU IS THE LEAST RESTRICTIVE THING THAT WILL EVER OCCUR. ANY OTHER QUESTIONS FOR MR. PAYNE? ALL RIGHT.

THANK YOU VERY MUCH, APPRECIATE IT. THANK YOU, MA'AM. I ASSUME THAT'S ALL SPEAKING IN, FOR THESE TWO, SPEAKING IN FAVOR OF IT, UNLESS ANYBODY ELSE IS HERE TO SPEAK IN FAVOR OF IT BEFORE I MOVE ON? ALL RIGHT, ANYONE HERE TO SPEAK IN OPPOSITION TO IT? IF YOU COME FORWARD, PLEASE STATE YOUR NAME AND ADDRESS. MAYOR, COUNCIL, MY NAME IS JUSTIN PHILLIPS. I LIVE RIGHT ACROSS THE STREET, AT 5811 WOODROW ROAD IN LUBBOCK COUNTY. MR. PAYNE DID MEET WITH US PRIOR TO THIS ZONING COMMITTEE MEETING THAT WE ALL ATTENDED IN NOVEMBER. I THINK A LOT OF POINTS WERE BROUGHT UP THAT DAY, THAT THAT TALKING ABOUT TRAFFIC, TALKING ABOUT DRAINAGE, THINGS LIKE THAT. BUT I JUST WANTED TO POINT TO THAT. I THINK THAT THE ZONING COMMISSION THAT YOU GUYS USE TO RECOMMEND OR GO IN FAVOR OF, OR, YOU KNOW, THEY VOTED FIVE TO ONE AGAINST THIS. AND IT WASN'T JUST DOWN INTO THE PLAYA LAKE BOTTOM THAT BOTHERED THEM. I THINK IT WAS SEVERAL THINGS, BUT THEY DID. VOTE AGAINST THIS. I DO THINK THAT YOU GUYS HAVE SOME RULES THAT SET THINGS UP THAT AUTOMATICALLY PUT THINGS INTO A RESIDENTIAL ZONING FOR A REASON. I THINK THE CITY OF LUBBOCK IS NOW, BY HIS ACTIONS, BEEN BROUGHT ALL THE WAY OUT INTO THE COUNTY TO WOODROW ROAD. I DON'T FEEL LIKE THAT.

THE NEED FOR THIS HEAVY COMMERCIAL ZONING IS NEEDED AT THE EXTREME SOUTHERN TIP OF THE CITY OF LUBBOCK, ON THE ADJACENT TO WOODROW ROAD, A COUNTY ROAD. PRETTY DANGEROUS ROAD. I THINK MORE PEOPLE WILL SPEAK TO THAT, BUT I THINK THAT WE SHOULD. IF YOU GUYS HAVE THIS COMMITTEE THAT YOU PUT IN PLACE TO RECOMMEND AND TO, YOU KNOW, GIVE YOU ADVICE ON THESE ZONING CASES, I WOULD JUST LIKE TO REFER TO THE FACT THAT THEY VOTED IT DOWN 5-1. AND OBVIOUSLY I LIVE RIGHT ACROSS THE STREET. I DO FACE WOODROW ROAD. I WILL FACE THIS PLOT OF LAND. THERE ARE SEVERAL PEOPLE THAT LIVE IN FACE WOODROW ROAD. AND I'LL ADD THAT THERE ARE SEVERAL MORE SINGLE-FAMILY HOMES. LOTS THAT FACE WOODROW ROAD ON THIS NORTH SIDE OF WOODROW ROAD. AS YOU GO DOWN WOODROW ROAD AND YOU LEAVE SLIDE ROAD, SEVERAL HOMES FACE WOODROW ROAD. SEVERAL HOMES FACE WOODROW ROAD ON BOTH SIDES OF THE ROAD AS YOU CONTINUE WEST FROM THIS AREA. SO IT IS KIND OF AN ESTATE, COUNTY PROPERTY, RESIDENTIAL PROPERTY.

I FEEL PRETTY STRONGLY AND STRONGLY OPPOSED THAT WE USE THIS TRACT OF LAND, IT IS LANDLOCKED BY A GAS LINE.

I THINK THAT'S REALLY OUR PROBLEM HERE. IT'S LANDLOCKED BY A GAS LINE THAT CAME THROUGH THERE. I'VE BEEN WATCHING THEM PUT IT IN. I STILL THINK THAT IT FALLS IN ITS RESIDENTIAL ZONING THAT YOU GUYS SET UP FOR IT WHENEVER YOU ALLOWED ITS ANNEXATION. BUT JUST TO CORRECT, MR. PAYNE, THERE ARE SEVERAL HOMES THAT FACE WOODROW ROAD ON BOTH SIDES OF WOODROW ROAD. THANK YOU. I'LL ANSWER ANY QUESTIONS. ANYBODY HAVE ANY QUESTIONS FOR MR. PHILLIPS? WHICH LOT IS YOURS? I'M PRETTY MUCH RIGHT ACROSS THE STREET FROM IT.

OKAY, THE SMALL TWO LOTS OR THE LARGE TWO LOTS? LARGE TWO LOTS.

OKAY, ALL RIGHT. THANK YOU. I'M ON THE CORNER. YES, SIR. MR. PHILLIPS IS ON THE CORNER. AND NOT ANY OF THESE TRACKS THAT ARE SHOWN? OKAY, YOU JUST ARE RIGHT ON THE ROAD, RIGHT? YES, SIR.

OKAY, ALL RIGHT. AND I'M GOING TO HAVE A QUESTION FOR YOU, MS. SAGER, IN A MINUTE. GOOD AFTERNOON, MAYOR AND CITY COUNCIL MEMBERS. MY NAME IS CARRIE HILL. I LIVE AT 5713 WOODROW ROAD, WHICH IS THE SOUTHEAST CORNER OF WOODROW ROAD IN FRANKFURT, EAST, ADJACENT TO MR. PHILLIPS. I WANT TO SPEAK TO YOU TODAY REGARDING SAFETY IN THIS CORRIDOR WHERE MR. PAYNE IS REQUESTING HEAVY COMMERCIAL ZONING. THIS IS NOT

[01:20:04]

A THEORETICAL SAFETY CONCERN FOR ME. IT IS NOT A PREDICTION OR A FEAR THAT SOMETHING CATASTROPHIC MIGHT HAPPEN. IT ALREADY HAPPENED. I'M STANDING BEFORE YOU TODAY AS AN AMPUTEE.

I LOST MY LEG ON JANUARY 13TH, 2023, AND YES, IT WAS FRIDAY, THE 13TH. WHEN A CAR HIT ME IN FRONT OF MY HOME, AT FRANKFORD AND WOODROW ROAD. IT IS SOMETHING I NEVER IMAGINED I WOULD SAY. I WASN'T IN A CROSSWALK DOWNTOWN OR DRIVING IN MY CAR. I WAS IN FRONT OF MY HOUSE, MINDING MY OWN BUSINESS ON THE PHONE, WITH MY BACK TO THE ROAD GETTING TUMBLEWEEDS OUT OF MY FRONT FENCE.

TUMBLEWEEDS FROM THAT UNKEPT PROPERTY, VACANT PROPERTY ACROSS THE ROAD, OWNED BY MR. PAYNE. THE TRAFFIC ON WOODROW ROAD MOVES FAST, TOO FAST. I THINK THE EARLIER CONVERSATION ABOUT LUBBOCK AND SPEEDS AND ALL THAT GO TO THIS ALSO.

EVERY DAY, ALL DAY. CARS, TRUCKS, 18-WHEELERS FLY BY WITH NO WARNING THAT THEY'RE APPROACHING THAT T INTERSECTION AT FRANKFURT AND WOODROW ROAD. THOSE 18-WHEELERS ARE EVEN MORE PREVALENT NOW THAT.

BEATON BOW HOMES IS BUILDING A HUGE DEVELOPMENT ON THE NORTHEAST SECTION OF THAT LAND ACROSS FROM US, FORMERLY OWNED BY MR. PAYNE. I THINK THE ANNEXATION INTO THE CITY HAD A LOT TO DO WITH THEIR ACCESS TO WATER.

EVERY DAY, PEOPLE PULL OUT OF DRIVEWAYS ON WOODROW ROAD HOPING THEY'RE SEEN. EVERY DAY, WE LIVE WITH THE KNOWLEDGE THAT ONE MISTAKE, ONE DISTRACTION, ONE SPEEDING DRIVER CAN CHANGE A LIFE. AND, FOR THAT MATTER, ALL OF THE LIVES ASSOCIATED WITH THEM. FOR ME, IT WAS MY HUSBAND WHO FOUND ME BLEEDING OUT UNDER THE FRONT OF A CAR.

IT WAS MY PANICKED DAUGHTER WHO HAD TO CALL 911 ON THE PHONE WITH THE STATE. IT WAS ALL OF MY DEAR FAMILY AND DEAR FRIENDS WHO WERE BY MY BEDSIDE, PRAYED FOR MY SURVIVAL, ASSISTED AND ASSISTED AND ASSISTED THEREAFTER. I THANK GOD AND THOSE THAT SAVED MY LIFE.

ADDING HEAVY COMMERCIAL ZONING HERE WILL NOT MAKE THIS ROAD SAFER. IT WILL DO THE OPPOSITE.

IT WILL BRING MORE TRAFFIC, MORE TRUCKS, MORE TURNING MOVEMENTS, AND MORE CHANCES FOR THINGS TO GO TERRIBLY WRONG. WHEN YOU MIX FAST SPEEDS WITH COMMERCIAL TRAFFIC AND RESIDENTIAL HOMES, PEOPLE GET HURT BADLY. I MADE IT TO THE OTHER SIDE OF MY ACCIDENT, BUT OTHERS OUT THERE DID NOT. I'M HERE SPEAKING FOR THEM BECAUSE THEY NO LONGER CAN. NEXT DOOR.

ON THE WEST SIDE OF OUR PROPERTY, A YOUNG MOTHER OF TWO CRASHED THROUGH THE FENCE AND DIED WHEN SHE WAS TRAPPED INSIDE HER BURNING CAR. AND IN FRONT OF THE HOUSE, JUST EAST OF US, A PICKUP BEING DRIVEN BY A YOUNG MOTHER SLIPPED OFF THE EDGE OF THE ROAD, OVERCORRECTED AND OVERTURNED ON WOODROW ROAD. THE MOTHER AND ONE CHILD SURVIVED, AND ONE YOUNG CHILD DIED.

WOODROW ROAD HAS NO SHOULDER.

AND NO CENTER STRIPE. I LIVE EVERY DAY WITH WHAT HAPPENED. I LIVE WITH THE PAIN, THE LIMITATIONS, AND THE PERMANENT REMINDER THAT THIS ROAD IS DANGEROUS. WE NOW HAVE A GUIDE THAT GETS THOSE TUMBLEWEEDS OUT OF OUR FENCE.

YES, MR. PAYNE, WE STILL HAVE TUMBLEWEEDS IN OUR FENCES TODAY, ESPECIALLY THIS TIME OF YEAR, BUT WE'VE WARNED OUR YARD GUY TO HAVE HIS HEAD ON A SWIVEL AND NO EARBUDS.

YOU HAVE THE POWER TODAY TO MAKE A DECISION THAT VALUES HUMAN LIFE OVER CONVENIENCE AND PRIORITIZES SAFETY OVER EXPANSION. I ASK YOU TO PLEASE CONSIDER WHETHER THIS ZONING TRULY BELONGS HERE.

PLEASE CONSIDER THE SAFETY OF US WHO LIVE ALONG THIS ROAD. AND GRANTED, I DO NOT LIVE IN THE CITY OF LUBBOCK. I LIVE ON THAT LINE NOW. .PROACH. U.S.

IN THE COUNTY. THIS IS NOT JUST ABOUT ZONING, THIS IS ABOUT WHETHER WE ARE WILLING TO ACCEPT SERIOUS INJURY AND DEATH AS COLLATERAL DAMAGE FOR DEVELOPMENT. I'VE SURVIVED THAT

[01:25:02]

ACCIDENT. I'VE ACTUALLY TRIUMPHED OVER MY ACCIDENT.

AFTER 66 YEARS WITH TWO PERFECTLY GOOD LEGS AND THEN THE LOSS OF ONE OF THEM... I NOW HAVE TWO PERFECTLY GOOD LEGS AGAIN, BUT I HAVE TO PLUG ONE OF THEM IN EVERY NIGHT. I WAS HESITANT TO SPEAK TODAY AS I'M NOT SEEKING YOUR SYMPATHY, BUT I AM ASKING YOU TO PLEASE REMEMBER THOSE WHO DIDN'T SURVIVE WHEN YOU VOTE. THANK YOU, MS. HILLER. ANYONE ELSE? HELLO MR. MAYOR, CITY COUNCIL. MY NAME IS RODNEY WARREN. I LIVE AT 16211 PRIVATE ROAD 1740, RIGHT OUTSIDE OF THE CITY OF LUBBOCK.

BUT I CONSIDER MYSELF PART OF THE COMMUNITY. I'M A LITTLE HESITANT TO COME UP HERE NOW FOR TWO REASONS, BECAUSE MS. HILL JUST TOOK HALF OF MY ARGUMENT. AND I'M FRIENDS WITH MR. PAYNE, BUT I THINK FRIENDS CAN SOMETIMES BE OPPOSED. I'VE BEEN HERE MANY TIMES ADVOCATING FOR CHANGE IN ZONING AND SOME DEVELOPMENT, BUT MY ATTEMPTS WERE ALWAYS MINUSCULE IN THEM. NEVER FROM SINGLE FAMILIES TO HEAVY COMMERCIAL. THAT'S JUST, THAT'S A LEAP. BRIDGE TOO FAR. MRS. HILL TALKED ABOUT THE DANGEROUSNESS OF THE ROAD. IT'S A TWO-LANE BLACKTOP WITH NO STRIPE. YOU DRIVE IT AT NIGHT, BETTER BE CAREFUL. I'VE LIVED OUT THERE 16 YEARS.

IN THE LAST FIVE YEARS, WE'VE HAD THE TWO FATALITIES THAT SHE SPOKE OF AND THEN HER ACCIDENT, WHICH I DIDN'T LEARN OF UNTIL THE NOVEMBER MEETING.

IT'S A DANGEROUS ROAD. ANY MORE DEVELOPMENT LIKE THIS IS GOING TO MAKE IT MORE DANGEROUS.

WOODROW ROAD, SOMEBODY HAS SAID IT'S GOING TO BE A THOROUGHFARE, EAST-WEST THOROUGHFARE. IF YOU GO TO THE EAST SIDE, THE EAST END OF IT, EAST OF SLAYTON, IT STARTS IN RANCHLAND, RUNS INTO SLAYTON, COMES OVER TO HIGHWAY 87.

HIGHWAY 87 TO SLIDE ROAD, YOU RUN IN FRONT OF THE TWO COOPER SCHOOLS, AND IT'S KIND OF BUSY THERE. I COULD SEE SOME DEVELOPMENT THERE. YOU GO FURTHER WEST AND YOU RUN INTO A COTTON FIELD, A BAR DITCH. ACTUALLY, SO THE ROAD GOES FROM NOWHERE TO NOWHERE, EXCEPT FOR THAT LITTLE AREA BETWEEN 87 AND SLIDE ROAD. AND THE COUNTY IS WORKING ON THAT, IMPROVING IT NOW, AND IT'S A GREAT THING. I WISH THEY WOULD COME ON OUT BY THE WEST BEFORE YOU ALLOW THIS KIND OF DEVELOPMENT TO GO. I WOULD APPRECIATE IT IF YOU WOULD NOT ALLOW THIS ZONING CHANGE. IT'S TOO FAR. IT'S TOO MUCH. THANK YOU, MR. WARREN. GOOD AFTERNOON LADIES AND GENTLEMEN. MY NAME IS STEVE HILL. I LIVE AT 2535... SORRY... 15... THIS IS NERVOUS, BUT YEAH. I LIVE ON WOODROW ROAD. IF YOU LOOK AT WHERE THE L IS, THE WHITE L, AND YOU GOT A PURPLE LINE, MY HOUSE IS RIGHT BEHIND IT, ON THE OTHER SIDE OF THE STREET. WE'VE LIVED HERE SINCE 2016, AND I'VE GOT TO SAY, THERE'S NO SPEED LIMIT AT ONE END OR THE OTHER END OF WOODROW. IT'S PROBABLY FIVE MILES. INSANELY FAST. THE REASON MY WIFE GOT HIT IS THE MAN THAT WAS DRIVING DOWN FRANKFURT WAS GOING SO FAST, HE COULDN'T STOP FOR A CAR IN THE LEFT TURN LANE AND MISSED THE CAR AND HIT ONE GOING THIS WAY, THAT JUST SHOT TO THE INTERSECTION. MY WIFE WON'T TELL YOU, BUT DURING THIS THING, I WAS SO SCARED THAT SHE WAS GOING TO BLEED OUT. SHE USED, IN THE EMERGENCY ROOM, THEY USED THREE AND A HALF GALLONS OF BLOOD, 27 UNITS. I MEAN, THINK ABOUT HAVING THAT MUCH BLOOD PUT THROUGH YOU. SIX WEEKS IN THE HOSPITAL, SHE TAKES PAIN PILLS NOW EVERY DAY TO JUST BE ABLE TO DEAL WITH IT. WOODROW ROAD IS A RACETRACK. IT HAS A 65-MILE-AN-HOUR SPEED LIMIT, BUT I THINK PEOPLE TAKE THAT AS KIND OF A SUGGESTION. MORE THAN REALITY. I TURN AND FIND OUT JUST HOW FAST THEY HAVE.

[01:30:01]

BUT YOU HEAR THE TRUCKS COMING DOWN THE ROAD, BLOWING THEIR HORNS AT THAT INTERSECTION. AND YOU JUST CRINGE THAT SOMEBODY'S PULLED OUT IN FRONT OF AN 18-WHEELER AND IS GOING TO GET RUN OVER. HANDY COMMERCIAL. THAT SHOULD BE UP IN THE NORTHEAST END OF LUBBOCK. NOT IN A RESIDENTIAL PARKWAY WHERE WHEELER HOUSES. WHERE HOUSES ARE AT AND PEOPLE HAVE BOUGHT PLACES TO RAISE THEIR FAMILY, NOT ACROSS THE STREET FROM A SEMI-TRUCK REPAIR STATION OR A DUMP OR WHATEVER THIS MAN CAN COME UP WITH. I DON'T LIKE THE IDEA OF HAVING THAT OPEN END.

YOU'RE GOING TO LOOK AT A USED CAR LOT AND HAVE THE LIGHTS BLINDING YOUR HOUSE EVERY NIGHT. I THINK THAT THE... THE TYPE OF ZONING CHANGE HE'S ASKING FOR IS COMPLETELY INAPPROPRIATE. WHOEVER MADE THE DECISION IN THE BEGINNING TO MAKE THAT RESIDENTIAL WAS RIGHT. IT SHOULD BE RESIDENTIAL. IT IS RESIDENTIAL ON THAT SIDE, UP UNTIL YOU GET TO THE POINT OF WHERE, WELL, THE BASKETBALL COACH LIVES ON THAT SIDE OF THE STREET, RIGHT NEXT TO THE BEGINNING OF THIS. IT DOESN'T EVEN, IT'S LIKE PUTTING AN AIRPORT IN THE MIDDLE OF A FIELD, MIDDLE OF A RESIDENTIAL AREA.

IT JUST DOESN'T FIT. IF IT FIT, I'D BE ALL FOR IT. THE MAN WANTS TO, I'D MAKE HIM AN OFFER TO BUY THE LAND TO SOLVE THE PROBLEM. SO I JUST DON'T WANT TO SEE ANYBODY ELSE GET HURT, KILLED. IF YOU WANT TO HAVE SOME FUN. GET ON THE WOODROW, LISTEN TO MY TRUCK, GET RIGHT UP ON YOUR BUTT, AND THEN DIVE FOR A DRIVEWAY. IT IS UNBELIEVABLY SCARY.

IN THE FRONT OF MY HOUSE, YOU'LL KNOW MY HUGE BOULDERS THAT ARE LIKE SIX TONS EACH, EIGHT OF THEM, WITH STEEL BEAMS IN THE GROUND. JUST SO THAT WHEN I GO GET MY MAIL OUT OF MY MAILBOX, I'VE GOT SOME PROTECTION NOW OF SOMEBODY LOSING CONTROL AND CRASHING. AND LIKE MY WIFE SAID, THERE ARE NO SHOULDERS, THERE ARE NO CENTER LINES. AND YOU SOMETIMES WHEN YOU GET THESE PEOPLE COME OFF OF FRANKFURT, THEY TURN LEFT, THEY HEAD FOR A SLIDE. AND I SIT THERE AND LISTEN TO THESE GUYS, THESE POCKET ROCKETS AND CARS GOING THROUGH THE GEARS. AND I JUST WONDER, HOW LONG IS THIS GUY GOING TO BE ON THE THROTTLE? AND YOU CAN HEAR HIM GO ALL THE WAY THROUGH SIXTH GEAR, GOING DOWN A ROAD. IT HAS TO BE OVER 100 MILES AN HOUR. IT HAPPENS ALL THE TIME. THE OTHER THING I WANT TO SAY IS, I KNOW HE TALKED ABOUT WATER, HOW TO DEAL WITH THE WATER. I AM A PLAYA.

MR. PHILLIPS AND HIS WIFE ARE PLAYA. EVERY YEAR WE GET FLOODED OUT BECAUSE OF THE COTTON FIELD ACROSS THE WAY. AFTER ABOUT THE SECOND OR THIRD RAIN, THE DIRT'S SOAKED AND THE WATER RUNS. WELL, WHEN YOU PUT ASPHALT... LOBS AND HOUSES OVER THAT 80, 90, WHATEVER BIG THAT IS, THE WATER IS NOT GONNA SOAK INTO THE GROUND LIKE IT DOES NOW. IT'S GONNA RUN. THE PLAYAS THEY HAVE IN FRANKFURT ARE WAY UP THE ROAD.

THEY HAVE STOP WATER FOR THEM UP THERE. THERE IS NO PLAYA DOWN WHERE WE'RE AT TO CATCH THE WATER. RUNS ACROSS THE STREET, IT FILLS UP OUR PLAYAS AND FLOODS OUR YARDS. I DON'T KNOW HOW, MR. PAYNE PLANS TO MITIGATE MOTHER NATURE WHEN SHE DECIDES THAT SHE WANTS TO FLOOD THE PLACE, BUT I HAVE, I KNOW THIS, I HAVE A PLAYA THAT I ADDED FOUR ACRES TO. I BUILT A SECOND TANK OF EQUAL SIZE OF ABOUT 10 MILLION GALLONS. MR. PHILLIPS HAS GOT THREE PLANTS NOW, NOT ONE, BECAUSE OF THE FEAR OF HAVING FLOODED, BEING FLOODED. IT HAPPENS EVERY YEAR WHEN WE GET A GOOD RAIN. I WOULD APPRECIATE IF YOU WOULD... TO HAPPEN. THINK ABOUT IF YOU LIVED IN YOUR NEIGHBORHOOD. AND I CAME IN AND I PUT A DIESEL TRUCK REPAIR STATION ACROSS THE STREET FROM YOU, OR PUT A 7-ELEVEN OR A MINI WALMART RIGHT ACROSS THE STREET FROM YOU.

IT'S GOING TO INCREASE TRAFFIC, INCREASE FLOW. AND I DON'T CARE

[01:35:02]

HOW MANY PETUNIAS YOU PUT OUT IN THE FRONT YARD, IT IS GOING TO MAKE IT LOOK REALLY NICER TO THE PEOPLE WHO LIVE THERE.

THANK YOU FOR YOUR TIME. WOULD YOU GIVE ME YOUR FIRST NAME AGAIN? MR. O, IS THAT STEVE? I'M SORRY, PRESENCE. WAS IT STEVE? STEVEN, S-T-E-V-E-N.

OKAY, THANK YOU. ARE THERE ANY QUESTIONS? I SEE NONE, THANK YOU. YOU DO? NO, I JUST WANTED YOUR FIRST NAME. I DIDN'T HEAR YOUR FIRST NAME WHEN YOU CAME UP. OKAY, YOU HAVE A QUESTION? I AM VERY, ALMOST DEAF, SO. MY NAME IS STEVEN HILL. JUST. I FORGET MY QUESTION RIGHT NOW, BUT YOU MADE A COMMENT ABOUT THAT. IT SHOULD BE MOVED TO NORTH AND EAST LUBBOCK.

YES. WHY WOULD YOU SAY THAT? BECAUSE THAT'S WHERE THE HEAVY COMMERCIAL'S AT. OH, THANK YOU.

THANK YOU FOR REMINDING US.

WELL, I'M NOT TRYING TO BE. I'M JUST SAYING, YOU KNOW. THE CITY IS GROWING, BUT YOU KNOW WHAT? THANK YOU FOR YOUR INPUT. IT IS ALWAYS APPRECIATED. OKAY, THANK YOU.

ANY OTHER QUESTIONS? ALL RIGHT.

THANK YOU, MR. HILL. ANYBODY ELSE? HI, MY NAME IS ALAN WEST. I'M A FARMER AND I LIVE IMMEDIATELY ON WOODROW ROAD, IN THE LARGER BLOCK, THE SECOND PARCEL OVER. FIRST OF ALL, THIS ISSUE HAS ALREADY BEEN BROUGHT BEFORE. I MEAN, WE HAVE... THE ISSUE ON NOVEMBER THE 6TH, THE ONLY REAL DIFFERENCE HERE IS WE'VE OMITTED 15 ACRES IN A PLAYA LAKE THAT'S NOT EVEN REALLY USABLE. AND WE'VE ASKED TO COME BACK AGAIN. THE OTHER REAL ISSUE IS THE GAS PIPELINE, AND I FARM ACRES THAT ARE SOUTH OF IT. I'VE DEALT WITH THE INSTALLATION. I KNOW ABOUT THE EASEMENT, AND I KNOW THAT PEOPLE HAVE BEEN COMPENSATED AND PAID FOR THAT. SO IT IS A NUISANCE.

IT IS A PROBLEM, BUT IT'S ALSO BEEN ADDRESSED ECONOMICALLY.

MY WIFE AND I, SPEAKING ON THE MATTER OF SAFETY, WE WERE REAR-ENDED, TURNING OFF WOODROW ROAD, PULLING INTO OUR DRIVE. SUV TOTALED.

WOODROW ROAD DOES NOT HAVE A SHOULDER. IT DOESN'T HAVE A LEFT TURN. AND IT'S NOT DESIGNED RIGHT NOW TO HANDLE THIS TYPE OF TRAFFIC AT ALL. AND SO I'M SORRY THAT WE'VE GOT A GAS PIPELINE ALONG THE WAY, BUT I THINK WHAT WE'RE TRYING TO DO IS CHANGE THE RULES IN THE MIDDLE OF THE GAME BECAUSE WE'VE GOT SOMETHING ELSE GOING ON HERE. THAT HAS CHANGED. THESE RULES AND YOUR PLANNING COMMISSION GAVE YOU THEIR RECOMMENDATION. I HOPE THAT YOU LISTEN TO THEM AND HONOR THEM. AND THANK YOU FOR YOUR TIME. THANK YOU, MR. WEST. ANYONE ELSE? THANK YOU FOR GIVING ME AN OPPORTUNITY TO SPEAK. VERNON WILLIAMS, 16203, PRIVATE LANE 1740. I LIVE THE SECOND HOUSE IN ON THE EAST SIDE OF THE SMALLER SUBDIVISION THERE. AND IT IS TRUE, WE DON'T FACE THE ROAD, BUT WHEN YOU WALK OUT MY FRONT DOOR, ALL YOU SEE IS THE ROAD. AND ALL YOU SEE IS EXACTLY WHERE HE WANTS TO DO THIS. WE LIVE AT THE TOP OF THAT SECTION OF WOODROW, RIGHT THERE, OUR SUBDIVISION AND THE ONE NEXT TO US. AND PEOPLE COME UP THAT HILL FAST. AND WE'RE ALWAYS HAVING TO WATCH HOW WE PULL OUT OF THERE. NOW, I DID WANT TO TALK ABOUT THE SAFETY BECAUSE THAT'S BEEN PRETTY WELL TALKED ABOUT. AND THAT ROAD, IF YOU EVER DRIVE IT, IT'S INSTANTANEOUS. YOU KNOW, IT'S BAD. WHAT I WANT TO TALK ABOUT IS THE, YOU KNOW, IN PUTTING IN LINE THE 2040 PLAN THAT THE CITY COUNCIL APPROVED FOR THE DEVELOPMENT OF LUBBOCK. AND SPECIFICALLY IN THERE, THERE'S A COUPLE OF TENETS IN THERE. ONE IS THE NEIGHBORHOOD ADJACENCY, WHICH SPEAKS TO NON-RESIDENTIAL. USES ADJACENT TO EXISTING OR PLANNED RESIDENTIAL AREAS SHOULD NOT BE PERMITTED. THE SECOND IS THE NEIGHBORHOOD PRESERVATION.

EXISTING OR POTENTIAL NEIGHBORHOODS SHOULD BE KEPT INTACT, REGARDLESS OF WHAT'S GOING ON WITH THE ZONING. AND THIS IS ALL RESIDENTIAL ZONE, CORRECT? NOW, I REALIZE IT'S NOT LOST ON ME THAT WE'RE NOT IN THE CITY LIMITS.

BUT I JUST WALKED THAT OFF YESTERDAY. I'M 40 FEET FROM

[01:40:01]

THE CITY LIMITS THAT OUR SUBDIVISION IS. ALL YOU DO IS WALK ACROSS WOODROW ROAD AND WE'RE IN CITY LIMITS. MY FRONT DOOR IS ABOUT 250 FEET FROM THAT. AND THE NOISE IS ALREADY BAD, BUT WHAT I'M REALLY WORRIED ABOUT IS THE LIGHT IS ONE THING. IF YOU GO DOWN TO WHERE, MR. PAYNE WAS SPEAKING TO WHERE THEY HAVE BUILT THAT ONE SOIL CONSERVATION PLACE, THAT LIGHT IS ASTOUNDINGLY BRIGHT. ALL THE WAY ACROSS THE ROAD SOUTH. AND I DON'T WANT THAT IN MY FRONT DOOR, HONESTLY. I THINK THIS IS ALL GOING TO BE RESIDENTIAL, AND TO JUST PLOP A HEAVY COMMERCIAL IN THE MIDDLE OF WHAT'S GOING TO BE AN EXTENSIVE RESIDENTIAL AREA. BEFORE THIS IS OVER WITH, ALL THE WAY DOWN WOODROW ROAD, BECAUSE THERE'S HOMES BUILT ALL ALONG IT. YOU DON'T HAVE ANY OTHER WAY TO GO THERE. I JUST THINK IT'S NOT THE RIGHT THING, AND I'M MAD AT ME, OPPOSED TO IT. AND I HOPE, EVEN THOUGH I'M NOT IN THE CITY LIMITS, I ANTICIPATE I'M PROBABLY GOING TO BE ANNEXED SOONER THAN LATER. BUT MY WORRY THERE IS THAT WE'LL PROBABLY BE CONSIDERED NON-RESOLUTIONAL IN THAT YOU WON'T PROVIDE US ANY SERVICES, BUT WE'RE PROBABLY GOING TO STILL BE PAYING TAXES. SO MY ONLY HOPE IS THAT YOU WILL PROTECT US BY NOT ALLOWING THIS TO HAPPEN. THANK YOU FOR YOUR TIME. LET ME JUST COMMENT, MR. WILLIAMS. WE CAN'T ANNEX ANYMORE BY RIGHT AS A CITY. YOU WOULD HAVE TO WANT TO BE ANNEXED.

RIGHT, I UNDERSTAND THAT, TOO.

OKAY, WE'RE NOT COMING FOR YOUR LAND, SO JUST UNDERSTAND THAT.

BUT THE PLAN IS... THERE THAT IF WE WERE ANNEXED, THAT YOU WOULDN'T PROVIDE US ANY SERVICES, THAT'S IN YOUR PLAN. I THINK OUR GOAL IS IF WE DO ANNEX LAND, WE'RE PREPARED TO FIND A WAY TO HAVE THE SERVICES. THAT'S PROBABLY WHY IT WON'T GET IN.

YES, OKAY, JUST TO MAKE THAT POINT. UM, I JUST DIDN'T WANT THAT MISINFORMATION OUT THERE. WE CAN'T ANNEX BY RIGHT ANYMORE. OKAY, SO THAT'S ALL RIGHT. ANYONE ELSE? MY NAME IS DODIE PHILLIPS. I'M MARRIED TO JUSTIN PHILLIPS. WE LIVE AT 5811 WOODROW ROAD, AND THAT'S DIRECTLY ACROSS FROM THAT CORNER THERE ON FRANKFURT AND WOODROW. IT ACTUALLY, THAT INTERSECTION DEAD ENDS INTO OUR PROPERTY. ANYWAY, WE STRONGLY OPPOSE THE REZONING OF THIS LAND. WE RAISED OUR FAMILY AND INVESTED MANY YEARS OF OUR INCOME INTO DEVELOPING OUR 30-ACRE ESTATE, AS DID MANY OF THESE PEOPLE IN THIS ROOM TODAY. I DON'T QUITE UNDERSTAND WHY, MR. PAYNE WOULD WANT TO BUILD HEAVY OR DEVELOP HEAVY COMMERCIAL THIS FAR OUT, WHEN THERE'S THOUSANDS OF ACRES OF UNDEVELOPED LAND ALREADY ZONED FOR HEAVY COMMERCIAL. NOT FAR FROM US. PLUS, YOU'VE GOT THE BUILDING OF THIS NEW LOOP. AND ALL THAT LAND RIGHT NEAR THERE, IT JUST DOESN'T MAKE SENSE TO DEVELOP THIS LAND AS HEAVY COMMERCIAL. WHEN YOU'VE GOT ALL THESE NEIGHBORHOODS ALREADY ESTABLISHED THAT HAVE BEEN THERE FOR DECADES, AND WE'RE BUILDING EVEN MORE. I MEAN, HE JUST SOLD OFF THE NORTHERN TIP OF HIS PROPERTY FOR BEATONBOW, WHO IS SUPPOSEDLY FIXING TO BUILD LIKE A THOUSAND HOMES. AND THAT'S JUST GOING TO ADD TO THE SAFETY CONCERNS WE'RE ALREADY HAVING. AS YOU KNOW, WOODROW ROAD IS A COUNTY ROAD, AND IT TAKES A LONG TIME TO GET ANYTHING DONE IN THE COUNTY. THE SPEED LIMIT ON WOODROW ROAD PRESENTLY, WHERE BETWEEN SLIDE AND 179, IS 60 MILES PER HOUR. BUT PEOPLE OFTEN DO NOT GO THAT SPEED.

THEY GO 80 PLUS. MILES PER HOUR AND THEY GET IMPATIENT AND CONSTANTLY CUT AROUND OTHER VEHICLES, AND THAT CREATES A LOT OF ACCIDENTS. SO CURRENTLY, OUR INFRASTRUCTURE OBVIOUSLY CAN'T SUPPORT THIS NEW GROWTH, IT CAN'T SUPPORT THE GROWTH WE ALREADY HAVE. AND THAT IS NOT GOING TO CHANGE ANYTIME SOON.

ANYWAY... WE WORKED REALLY HARD TO ESTABLISH OR DEVELOP OUR PLACES AND THEIR INCREDIBLE RURAL ESTATES, AND I'M SURE IT WOULD PLEASE MR. PAYNE TO NO END TO BRING THESE HEAVY COMMERCIAL PROPERTIES IN, TO SELL THEM RIGHT ACROSS FROM OUR BEAUTIFUL RURAL ESTATES AND HOMES IN OUR COMMUNITY. I MEAN, WHAT BETTER PLACE, RIGHT? MAKE A PRETTY PENNY, BUT AT WHAT COST? I MEAN, AS IS, I DON'T EVEN LET MY CHILDREN GO

[01:45:01]

GET MAIL FROM OUR MAILBOX.

IT'S JUST FEET OFF WOODROW ROAD, MAYBE INCHES, ACTUALLY.

BUT I'M I OR MY HUSBAND ARE THE ONLY ONES. AND WE HAVE GROWN SOME GROWN CHILDREN, AND I STILL DON'T WANT THEM TO TURN THEIR BACK TO THAT ROAD. I JUST CAN'T IMAGINE.

THE ZONING REGULATIONS ARE PUT IN PLACE FOR A REASON. THEY SHOULD PROTECT THE SAFETY AND PRESERVE THE CHARACTER OF THE RESIDENTS THAT CURRENTLY LIVE THERE AND THE RESIDENTS THAT ARE GOING TO LIVE THERE. SO PLEASE TAKE THESE THINGS INTO CONSIDERATION. I HAD SO MANY NOTES. AND ANOTHER THING, STARLIGHT, MR. PAYNE, STARLIGHT DEVELOPMENT, WANTS TO KEEP COMPARING THE PROPERTY IN FRONT OF LIBERTY TO WHAT HE'S GOING TO PUT WHERE WE ARE.

BUT THE PROPERTY IN FRONT OF LIBERTY SITS ON WOODROW ROAD, WHERE YOUR SPEED LIMIT IS 40 MILES PER HOUR, 35 MILES PER HOUR WHEN THE SCHOOL'S IN SESSION. HOW IS THAT GOING TO WORK WHEN OUR SPEED LIMIT IS 60 PLUS MILES PER HOUR? I MEAN, THAT DOESN'T MAKE ANY SENSE TO ME. AND THE HOMES THAT ARE SITUATED AROUND WHERE HE PUT THE PROPERTY IN FRONT OF LIBERTY ARE SPARSE. THEY'RE NOT BIG, ESTABLISHED NEIGHBORHOODS, LIKE WHAT WE HAVE WITH HIGHLAND OAKS AND THE PEOPLE TO THE SOUTH OF WOODROW ROAD.

SO THERE'S REALLY NO COMPARISON THERE. THE TRUTH BE TOLD IS WE DON'T NEED HEAVY COMMERCIAL THAT FAR SOUTH. WE HAVE ENOUGH OF IT. TRYING TO SEE IF THERE'S ANYTHING BEFORE I WALK AWAY. OH, AND ANOTHER THING. THE PICTURES THEY KEEP POSTING WITH THESE VACANT FIELDS, I'M SORRY. I DON'T KNOW WHERE THEY TOOK THOSE PICTURES FROM, BUT THAT IS NOT A GOOD REFLECTION OF WHAT LIES IN THAT AREA.

SO, JUST SO, YOU KNOW.

ANYWAY, THANK YOU. THANK YOU, MS. PHILLIPS. ANYONE ELSE? I'LL LET YOU ALL GET YOUR HANDOUTS FIRST. MY NAME IS SHANNON HANSON. I LIVE AT 5502 158TH STREET. AND NOT TO KEEP TALKING ABOUT SAFETY, BUT LAST NIGHT, MYSELF WAS ALMOST IN A WRECK ON WOODROW ROAD WITH A TOW TRUCK TRYING TO GET. WHAT I'M ASSUMING MUST HAVE BEEN A WRECK OR A CAR STALLED OUT OR WHATEVER.

BECAUSE WE HAVE NO SHOULDERS, AND MOST OF IT IS BAR DITCHES, I WAS ABLE TO PULL INTO AN ALLEY HEADING INTO HIGHLAND, OAKS. AS THE TRUCK THAT DID NOT WANT TO WAIT BEHIND THE TOW TRUCK ZOOMED AROUND INTO THE BAR DITCH, INTO INCOMING TRAFFIC, AND THEN BACK ONTO HIS LANE TO GET IT TO THE STOP SIGN, GOING PROBABLY 60-SOMETHING AN HOUR. SO THAT JUST HAPPENED JUST LAST NIGHT. I WISH I WOULD HAVE HAD TIME TO TRY TO VIDEO ALL THE CHAOS THAT WAS GOING ON SO YOU COULD UNDERSTAND WHAT THE ROAD IS LIKE. DOES EVERYBODY HAVE THEIR HANDOUTS? SO IF YOU WILL LOOK AT, JUST TO KIND OF GO THROUGH WHICH EACH OF THESE ARE, AND THEN I'LL REFERENCE THEM.

EXAMPLE ONE IS A LITTLE BIT BETTER OF A CLEAR PICTURE THAN WHAT YOU'RE SEEING UP THERE.

YOU CAN ACTUALLY SEE WHERE I MARKED OUT, WHERE MS. PHILLIPS' HOUSE IS, SO YOU CAN KIND OF UNDERSTAND. I MEAN, YOU'RE NOT SEEING ANY OF THE RESIDENCES OUTSIDE THOSE TWO PLOTS THAT ARE ON WOODROW ROAD. WE ALSO PUT IN THERE WHERE ALL THE NEW HOMES ARE GOING IN CURRENTLY RIGHT NOW.

SO YOU JUST HAVE A BETTER PICTURE OF ALL THE RESIDENTS.

EXAMPLE TWO IS WHAT IT LOOKS LIKE, AND THESE ARE SOME DRONE PICTURES WE JUST TOOK OVER THE WEEKEND, AND HOW CLOSE CARS ARE DRIVING WITH THE NO SHOULDER. AND THEN SOME OF THAT JUST DIPS DOWN TO MAKE IT REALLY EASY TO BE ABLE TO FLIP YOUR VEHICLE. AND THEN EXAMPLE THREE WILL BE, THAT'S WHAT'S OVER IN FRONT OF LIBERTY HIGH SCHOOL. AND WHAT WE KEEP TALKING ABOUT, COMPARING THE TWO DIFFERENT DEVELOPMENTS, WHAT HE HAS ALREADY HAD, WHERE ATLAS IS, WHERE THE LIFTED TRUCKS IS.

AND WE'LL ALSO SHOW WHAT THE LIGHTS LOOK LIKE AT NIGHT, SHINING INTO THE PEOPLE'S HOUSES ACROSS THE STREET. SO AGAIN, MY NAME IS SHANNON HANSON. I'M HERE TO SPEAK AGAINST THE REZONING FOR HARRY COMMERCIAL. THE REZONING REQUEST IS THE CHANGE FROM LOW-DENSITY SINGLE-FAMILY TO HEAVY COMMERCIAL DISTRICT, DEFINED IN THE NON-RESIDENTIAL ZONING CHART AS DEVELOPMENT OF HEAVY. VEHICLE REPAIR, WHOLESALE TRADE, WAREHOUSING, FREIGHT MOVEMENT USES THAT ARE TYPICALLY CHARACTERIZED BY OUTSIDE STORAGE OF MATERIALS OR MERCHANDISE.

[01:50:02]

THIS DISTRICT SHOULD BE LOCATED AWAY FROM RESIDENTIAL AREAS, OR, IF UNAVOIDABLE, SHOULD BE HEAVILY BUFFERED.

TO REITERATE MANY OF THE POINTS MADE BY OTHERS TODAY, THE U.D.C.

CODE ACCEPTED BY THE CITY CLEARLY STATES THAT HEAVY COMMERCIAL WILL NOT BE ALLOWED IN RESIDENT OR SHOULD NOT BE ALLOWED IN RESIDENTIAL AREAS.

AND AREAS IN THIS AREA IS ALREADY HEAVILY RESIDENTIAL.

WITH THREE OF THE FOUR SIDES CURRENTLY ARE RESIDENTIAL, AS YOU CAN SEE ON THAT EXAMPLE ONE, WITH THE FOURTH SIDE COMING IN AS RESIDENTIAL.

WITH A THOUSAND HOUSES. AND EATON BOW IS SLATED TO START, I THINK. ACTUALLY, THE BUILDING, NOT JUST THE FLATTING IN APRIL, SO THAT IS JUST AROUND THE CORNER. AND HI, ASHLEY. AGAIN, I KNOW THAT WE HAVE HAD DISCUSSION THAT THIS WOULD BE SIMILAR TO WHAT WAS BUILT JUST EAST OF SLIDE AND WOODROW INTERSECTION. HOWEVER, THIS IS NOT COMPARING APPLES TO APPLES. IF YOU COMPARE THE HEAVY RESIDENTIAL THAT'S ON THE EAST SIDE, WHERE WE'RE AT, I MEAN THE WEST SIDE, COMPARED TO WHAT'S ON THE EAST SIDE, YOU WILL SEE THAT THERE'S A HUGE DIFFERENCE. I MEAN, I THINK I COUNTED MAYBE LAST NIGHT, APPROXIMATELY 15 HOUSES.

JUST KIND OF RIGHT IN THAT AREA, AND IT ALSO BACKS UP TO WHAT IS MOSTLY NOT RESIDENTIAL. THAT IS A GOLF COURSE, THAT IS OFFICES, AND A SCHOOL. SO IT'S JUST A LITTLE DIFFERENT THAN WHAT YOU HAVE ON OUR SIDE THAT HAS ALREADY BEEN ESTABLISHED.

THERE ARE LIKELY MANY REASONS HEAVY COMMERCIAL IS NOT ALLOWED IN RESIDENTIAL AREAS, BUT THE NEGATIVE IMPACT ON HOME PRICES IS ONE THAT IS IMPORTANT TO US. THIS NEGATIVE IMPACT ON HOME VALUES HAS SEVERAL CAUSES.

BUT THE REASONS WE'VE DISCUSSED TODAY ARE A LOT OF POLLUTION SAFETY ISSUES.

AND IF YOU WILL LOOK AT, YOU KNOW, THAT EXAMPLE THREE, YOU WILL SEE THAT THE LIGHTS FROM THAT LIFTED TRUCK IN THAT ATLAS AREA, AND YOU CAN SEE HOW QUICKLY, WHAT THAT IS DOING IN THE YARD ACROSS. I MEAN, THAT'S ILLUMINATING IT BRIGHT.

THAT'S ON ALL NIGHT LONG. THAT DOESN'T GO AWAY. SO WHAT WOULD THAT DO FOR THE HOUSES WHERE THE MR. PHILLIPS THERE, BUDDY, IS ON THE OTHER SIDE? THE SECOND ISSUE WE HAVE CONCERNS ABOUT IS SAFETY. YOU'VE HEARD SEVERAL STORIES TODAY ABOUT ACCIDENTS RELATED TO WOODROW ROAD THAT HAVE RESULTED IN VEHICLE DAMAGE, PERMANENT INJURY, AND EVEN DEATH. THESE ARE OUR NEIGHBORS AND OUR FRIENDS, AND THEY'VE BEEN IMPACTED. AND THIS IS OCCURRING BEFORE THE INCREASE OF TRAFFIC PRESSURE FROM THE NEW THOUSAND HOMES THAT ARE BEING BUILT CURRENTLY. ALSO REMEMBER THAT WHEN YOU COME UP FROM FRANKFORT TO WOODROW ROAD, IT'S ONE STOP SIGN, WOODROW ROAD DOESN'T STOP, SO WE'RE PUTTING ANOTHER THOUSAND HOUSES JUST ADJACENT TO IT. WE HAVE 255 BLOCKS IN OUR AREA, PLUS EVERYBODY ON THE OTHER SIDE OF WOODROW, TRYING TO COME OUT AT A ONE STOP WHERE MOST OF THOSE PEOPLE ARE PROBABLY HEADED DOWN. WOODROW, WHERE YOU HAVE TWO HIGH SCHOOLS, ONE MIDDLE SCHOOL, AND ONE ELEMENTARY. THAT'S A LOT FOR A TWO-LANE ROAD WITH NO CENTER STRIKE, NO TURNING LANE, NO ANYTHING.

AND EVENTUALLY WE WILL HAVE THAT. BUT THAT IS WAY FAR DOWN THE ROAD. LET'S SEE. JUST MAKING SURE I'M KIND OF SKIP OVER SOME OF THE THINGS THAT HAVE ALREADY BEEN SAID. SO, ON TOP OF THESE TYPES OF CONDITIONS, HEAVY COMMERCIAL WILL ADD TO THE PRESSURE ON WOODROW ROAD TO SUPPORT LARGE SEMI-TRUCKS MOVING IN AND OUT OF THE BUSINESS, AS WELL AS PARKING OFF THE ROAD WHILE THEY ARE WAITING TO DROP OFF OR PICK UP. ALTHOUGH, THIS WILL CREATE AN EXTREMELY UNSAFE TRAVEL ENVIRONMENT FOR OUR KIDS. OUR NEW DRIVERS THAT ARE DRIVING TO THE TWO HOSPITALS DOWN THE ROAD AND EVERYBODY ELSE THAT'S OUT THERE. BESIDES BEING OUT OF CODE FOR THE UDC, OR WHAT THEY SUGGEST, THE INFRASTRUCTURE IS UNABLE TO SUPPORT THE INCREASED TRAFFIC.

THAT HEAVY COMMERCIAL WILL POTENTIALLY BRING TO IT AS WELL. WHILE THE OFFER TO HAVE DEED RESTRICTIONS IS A GENEROUS OFFER, WE FEEL THAT DEED RESTRICTIONS WOULD BE INSUFFICIENT TO PROTECT THE SURROUNDING NEIGHBORHOODS. I MEAN, THAT'S EFFECTIVELY PRIVATIZING ZONING DECISIONS.

THE SURROUNDING NEIGHBORHOODS WOULD HAVE NO WAY TO PETITION AGAINST ANY TYPE OF POTENTIAL CHANGES IN CONSTRUCTIONS, OR WOULD THEY BE MADE AWARE THAT SOMETHING IS BEING CHANGED? ALTHOUGH HE DID STATE THAT THEY WERE IN THERE, THAT'S NOT SOMETHING WE ARE SEEING AT THE MOMENT.

THIS RIGHT HERE IS THE APPROPRIATE FORUM FOR ZONING DECISIONS TO BE MADE. AS A CITY COUNCIL IS AN ELECTED BODY OF REPRESENTATIVES TO ALL THE CITIZENS OF LUBBOCK. AND THEY HAVE THE BEST INTENTIONS FOR ALL THE FUTURE CITIZENS, PLUS THE FUTURE OF LUBBOCK IN MIND. WE UNDERSTAND THAT PROGRESS EQUALS CHANGE. AND AS MUCH AS WE WOULD ALL LIKE TO KEEP THAT JUST RAW LAND OR RESIDENTIAL ZONING, CHANGE IS INEVITABLE. OUR SINCERE REQUEST IS THAT YOU HEAR OUR POINTS AND DEEM THEM VALID. AND THAT THE REQUEST FOR HEAVY COMMERCIAL IS DENIED.

[01:55:01]

WE UNDERSTAND THAT COMMERCIALS OF SOME SORT WILL MOST LIKELY BE BROUGHT IN SOMEWHERE, BUT A LOWER ZONING CLASS THAT WORKS WITH HEAVILY RESIDENTIAL AREAS SHOULD BE SOUGHT OUT. MAY I ASK FOR ALL THOSE IN OPPOSITION TO STAND WITH ME? THE DECISION IS IN YOUR HANDS, AND WE WILL LIVE WITH WHATEVER YOU CHOOSE, BUT WE DO ASK THAT YOU REALLY LOOK AT WHAT WE'VE BROUGHT TO YOU TODAY. THANK YOU FOR ALL OF YOUR TIME. DOES ANYBODY HAVE ANY QUESTIONS? YEAH, I THINK WE HAD A REQUEST FROM A COUNCIL MEMBER. IF YOU LIVE IN THE CITY, WOULD YOU RAISE YOUR HAND? OKAY. THIS ALSO WAS A VERY QUICK MEETING, SO WE HAD A LOT MORE PEOPLE HERE AT PLANNING AND ZONING, BUT... IT'S DIFFICULT TO GET EVERYBODY HERE TODAY.

ALL RIGHT. THANK YOU VERY MUCH.

MR. HARRIS, DID YOU HAVE A QUESTION FOR HER? YES. WOULD YOU OPPOSE TO LIGHT COMMERCIAL? NO. I MEAN, I'M SURE WE HAVE SOME PEOPLE THAT WOULD BE OPPOSED, BUT I THINK OVERALLĀ— I MEAN, YOU'VE GOT THOSE NEIGHBORHOODS GOING UP IN ALL THESE THOUSANDS OF HOUSES AND STUFF. I KNOW YOU WANT SOME TYPE OF RETAIL THERE, RIGHT? LIGHT COMMERCIAL IS NOT BAD. LIGHT POLLUTION? LIKE THE THINGS THAT WHEN WE DON'T WANT CAR LOTS PROBABLY WOULDN'T BE GREAT BECAUSE THAT IS GOING TO EXTEND OVER INTO OTHER PEOPLE'S HOUSES.

LIKE I SAID, IT'S INEVITABLE THAT SOMETHING WILL PROBABLY COME, BUT HEAVY COMMERCIAL IS TOO HIGH. RIGHT, I CAN UNDERSTAND. I SEE WHAT'S BEEN HAPPENING THERE WITH THE TRAFFIC AND RUNNING OVER PEOPLE IN THE HOUSES AND THINGS LIKE THAT. SOLUTION IS TO THAT. I MEAN, I GUESS THAT'S SOMETHING WE'RE GOING TO HAVE TO GET WITH TRAFFIC OR SOMETHING.

THEY HAVE TO WORK ON IT, SAYING THAT THAT'S A WHOLE NEW RESIDENCE. AND I THINK EVENTUALLY THE PLAN IS, AFTER SPEAKING WITH OUR COUNTY COMMISSIONER, IS TO HAVE WOODROW.

BUT I MEAN, HOW LONG DID THEY START DOWN THERE BY THE HIGH SCHOOLS? SIX, SEVEN YEARS AGO? I KNOW I PUT TWO KIDS THROUGH HIGH SCHOOL OVER THERE AND THEY BOTH DROVE THROUGH THE NASTY TRAFFIC. AND IT'S STILL NOT FINISHED. AND SO IT'S GOING TO BE A LONG TIME BEFORE. OUR AREA IS PREPARED TO HAVE MORE TRAFFIC. THE TRAFFIC CONTROL, RIGHT. OKAY.

ALL RIGHT. THANK YOU. ANY OTHER QUESTIONS? I DON'T SEE ANY.

THANK YOU VERY MUCH. THANK YOU SO MUCH FOR YOUR TIME. ANYONE ELSE WISHING TO SPEAK IN OPPOSITION? CERTAINLY. HI, I'M STEVE HILL. MA'AM, YOU ASKED ABOUT THE NORTHEAST. I USE THAT AS A SUGGESTION. I HAVE NO IDEA WHERE HEAVY COMMERCIAL IS IN TOWN, BUT I JUST THINK THAT HEAVY COMMERCIAL AND RESIDENTIAL SHOULD BE SEPARATE FROM EACH OTHER. THAT'S WHAT I WAS TRYING TO MAKE. I'M GOING TO TAKE THIS EYESORE AND SEND IT TO SOMEBODY ELSE. THANK YOU.

THANK YOU. MAYOR PRO TEM.

THANK YOU FOR YOUR CLARIFICATION.

BUT HISTORICALLY, THAT HAS HAPPENED MULTIPLE TIMES, WHERE WE'VE PUT ALL THE INDUSTRIAL IN NORTH AND EAST LUBBOCK. AND JUST FOR THE RECORD, HEAVY COMMERCIAL EXISTS ALL OVER THE CITY. IT IS NOT LIMITED TO JUST ONE SECTION.

THIS CITY IS GROWING AND, YOU KNOW, IT'S UNFORTUNATE, BUT IT'S GROWING IN EVERY DIRECTION. SO THANK YOU FOR CLARIFYING YOUR PERSPECTIVE. ALL RIGHT, MR. WARREN. I HAVE DONE A LITTLE BIT OF RETAIL DEVELOPMENT, AND FROM COAST TO COAST, ACTUALLY SONIC DRIVE-INS, I'VE PUT IN ABOUT 80 OR 90 OF THEM. I KNOW A LITTLE BIT ABOUT RETAIL AND THIS THIS AREA OF WOODROW ROAD IS NOT GOING TO SEE RETAIL ANYTIME SOON.

IT'S JUST IT'S NOT GOING TO HAPPEN. WHEN I'M LOOKING FOR A LOCATION, WHETHER IT'S A SONIC DRIVE-IN OR IT'S A STRIP CENTER, I'M LOOKING FOR HEAVIER TRAFFIC. SOMEWHERE ALONG INDIANA, THE NORTH-SOUTH ROUTES FROM THE SOUTH. THE ONLY THING THAT MIGHT HAPPEN THERE IS SALVAGE YARD, POSSIBLY ONE OF THOSE MASSAGE PARLORS LIKE Y'ALL SHUT DOWN HERE A COUPLE OF WEEKS AGO. ANY OTHER QUESTIONS? ALL RIGHT, I'M GOING TO ASK MS. SAGER IF YOU COULD, I'VE GOT A QUESTION FOR YOU. I THINK WE ALL REALIZE THAT WOODROW ROAD IS NOT IN THE CITY LIMITS. IT'S NOT OUR ROAD, IT'S A COUNTY ROAD.

IF IT WERE IN THE CITY, HOW

[02:00:01]

WOULD YOU DEFINE IT AS A ROAD? YOU ALWAYS TELL US IT'S...

MAJOR ARTERIAL, HOW WOULD THAT ROAD BE DEFINED? SO IT ACTUALLY IS ON THE CITY'S MASTER THOROUGHFARE PLAN, BECAUSE WE PLAN AHEAD, WE LOOK AT THE ETJ, IT IS A PRINCIPAL ARTERIAL. A PRINCIPAL, WHICH IS THE EQUIVALENT OF WHAT SLIDE IS? A FIVE-LANE THOROUGHFARE. A FIVE-LANE, ALTHOUGH IT IS NOT A FIVE-LANE THOROUGHFARE. PROJECTED TO BE A FIVE-LANE THOROUGHFARE.

THAT'S ITS PROJECTION, AT TIMES, ALL RIGHT, AT SOME TIME. ALL RIGHT, AND I THINK YOU HAD THE PICTURE. IF YOU COULD, GO BACK TO THE PICTURE OF THE ROAD. DO WE HAVE A PICTURE OF THE... SO THAT IS WOODROW ROAD WITHOUT ANY STREET PARTS? YEAH. IT LOOKS LIKE IT SHOULD BE FRANKFORD.

IF THE PLANNER WAS LOOKING WEST TOWARDS THE SUBJECT PROPERTY, THEY WOULD HAVE BEEN STANDING ON FRANKFORD. OKAY. ALL RIGHT.

LET'S SEE IF I HAVE ANY OTHER QUESTIONS. OKAY. THANK YOU.

DID YOU HAVE A QUESTION, SIR? YES. THANK YOU, MAYOR. YOU GUYS HAD MENTIONED THAT PRIVATE LAND IS NOT EVER ANNEXED BY THE CITY OF LUBBOCK ANYMORE. SO THAT BRINGS UP MY POINT ABOUT WOODROW ROAD. UNLESS WE DECIDE TO ASK Y'ALL TO ANNEX US, WE WILL NOT BE ANNEXED. THAT'S RIGHT. AND THAT MEANS THE ROAD WILL NOT BE ANNEXED, CORRECT? WELL, THE ROAD, YEAH, IF THE ROAD CAME INTO THE CITY, THEN THE ROAD WOULD BECOME THE CITY'S RESPONSIBILITY, BUT AT THE MOMENT IT'S THE COUNTY'S RESPONSIBILITY. WHAT WOULD THE PROPERTY LINES AFFECT THAT? I DON'T KNOW THAT I CAN ANSWER THAT QUESTION. I MEAN... YOU HAVE RIGHT-OF-WAY, THERE'S ALREADY ZOOM RIGHT-OF-WAYS.

IN OTHER WORDS, IT WOULD TAKE AN ENORMOUS AMOUNT OF PEOPLE ON THE SOUTH SIDE OF WOODROW ROAD TO REQUEST ANNEXATION FOR WOODROW ROAD. I DON'T KNOW HOW THAT ANNEX GOES ABOUT, YOU KNOW, WHETHER IT COULD BE INDIVIDUAL PIECE OF PROPERTY OR MULTIPLE. I DON'T KNOW THAT.

WE'RE INTO THE PIECEMEAL ANNEXING OF SMALL. ACREAGES. BUT, UH, I, I DON'T THINK WE HAVE MUCH OF A PLAN TO EVER GO SOUTH OF WOODROW ROAD. IT APPEARS THAT MAYBE PORTIONS OF THE SOUTH HALF OF THE RIGHT-OF-WAY, WHICH WOULD STILL BE A COUNTY RIGHT-OF-WAY, NOT A CITY OR NOT, ARE THERE. NOT NORTH OF THE CENTER LINE, IT IS A COUNTY ROAD. WELL, AND TO THAT POINT, I DON'T THINK THERE'S ANY FUTURE PLANS FOR THAT TO TAKE PLACE, WOODROW ROAD BEING ABLE TO BE MAINTAINED BY THE CITY.

NO, IT'S NOT OUR ROAD. THE MAINTENANCE, THE SPEED LIMITS, THOSE RELATED THINGS, THOSE ARE ALL THE PURVIEW OF THE COUNTY. YES, SIR. MR. WADE, I THINK YOU ARE. YEAH, WELL, YEAH. WE NEED TO STAY KIND OF ON OUR SUBJECT MATTER HERE.

TO EVERYBODY'S POINT, I DON'T THINK THE INFRASTRUCTURE IS CONDUCIVE TO THE NEIGHBORHOODS THAT NOW LOOK AT WOODROW ROAD, THAT ARE HOUSING NEIGHBORHOODS THAT ARE ON WOODROW ROAD FOR ANY KIND OF COMMERCIAL, HEAVY COMMERCIAL DEVELOPMENT.

ALL RIGHT, MR. PAYNE, I GOT A QUESTION FOR YOU. SO YOU TALKED ABOUT THE GAS EASEMENT. WHERE IS THAT GAS EASEMENT? WAS THAT GAS EASEMENT SHOWN ON THE PLOT MAP THAT WE HAVE THERE? I'M TRYING TO FIGURE OUT HOW CLOSE IT IS TO THIS.

SO HOW MANY FEET? MAYOR, THERE ARE TWO. THERE MUST BE ANOTHER ONE. THERE ARE TWO HIGH PRESSURE GAS LINE EASEMENTS ON THIS PROPERTY. THE ONE THAT RESTRICTS THE DEPTH OF YOUR PROPERTY IS NOT THE ONE WE SEE HERE, THOUGH, IS IT? WELL, YOU DO SEE IT. IT IS WITHIN THE NORTH LINE, THE NORTH BOUNDARY OF THE ZONING DESCRIPTION. SO YOU SEE THE LITTLE SEPARATE STRIP THERE? BOY, THAT'S AWFUL.

RIGHT THERE. JUST INSIDE OF THE RED WALL. I COULD NOT READ IT.

THAT IS THE NEW ATMOS ENERGY 75-FOOT-WIDE GAS EASEMENT. IT IS INCLUDED WITHIN THE ZONING REQUEST, BUT CAN NEVER BE USED. OKAY?

[02:05:01]

SO THAT IS THE NEWER EASEMENT.

THE DASHED LINE YOU SEE TO THE NORTH, WHICH IS THIS ONE RIGHT HERE, IT'S A LONG, PRE-EXISTING HIGH-PRESSURE GAS LINE THAT'S BEEN IN PLACE LONG, LONG.

BEFORE I EVER PURCHASED THIS PIECE OF LAND. AND WOULD BE PROHIBITIVELY EXPENSIVE TO TRY TO GET THE GAS COMPANY TO MOVE IT. SO I HAVE BOTH OF THOSE RESTRICTIONS TO WORK WITH. AND JUST TO GIVE YOU A COUPLE OF THINGS THAT I THINK ARE IMPORTANT, IF YOU DON'T MIND, I'LL STAY WITH THE GAS EASEMENT FIRST.

THE DISTANCE BETWEEN THE TWO... GAS EASEMENTS WAS DESIGNED TO ACCOMMODATE TWO ROWS. SO, THE NORTH ROW WILL HAVE ITS BACK TO THE NORTH GAS EASEMENT AND THE SOUTH ROW WILL HAVE ITS BACK TO THE SOUTH GAS EASEMENT.

SO AS TO ALLOW THAT PROPERTY TO BE DEVELOPED AND STILL ACCOMMODATE THE EASEMENTS. A COUPLE OF OTHER THINGS I WANT TO MENTION IS, ALTHOUGH CERTAINLY IT'S TRUE, I WAS COMPENSATED BY ATMOS.

FOR THE VALUE OF THE EASEMENT LAND, I WAS NOT COMPENSATED ONE PENNY FOR ANYTHING OUTSIDE OF THAT EASEMENT. SO I WASN'T PAID ANYTHING FOR THE LAND.

THAT'S SUBJECT TO THE USABLE ZONING REQUEST.

THE OTHER THING I'LL MENTION IS THE FUTURE WIDTH OF WOODROW ROAD, AS A THOROUGHFARE WOULD BE JUST LIKE SLIDE ROAD. IT'LL BE 110 FEET WIDE. THAT'S 55 FEET ON EACH SIDE. SO NOBODY LIVES 40 FEET FROM THE FUTURE WOODROW ROAD. IT'S 110 FEET OF WIDTH OF THE ROAD.

BUT I ALSO WANT TO MENTION, BECAUSE IT'S IMPORTANT TO KNOW, WHEN I ANNEXED THIS PIECE OF LAND, THE CITY LIMITS STOPPED 10 FEET NORTH.

OF THE FUTURE RIGHT-OF-WAY LINE OF WOODROW ROAD. SO THE CITY LIMITS ARE 65 FEET NORTH OF THE CENTER LINE. THIS IS AS I WAS REQUIRED TO DO BY THE CITY. IT WASN'T MY IDEA.

IT WASN'T WHAT I WANTED TO DO. IT'S WHAT I WAS REQUIRED TO DO BY THE CITY OF LUBBOCK IN ORDER FOR THEM TO GRANT THE ANNEXATION REQUEST. THE OTHER THING I WANT TO SAY, BECAUSE IT NEEDS TO BE SAID, WE ALL ARE CONCERNED ABOUT TRAFFIC AND SPEED. I HAD AN EMPLOYEE AS RECENTLY AS SATURDAY WHO WAS TRAVELING EASTBOUND ON, HOWEVER, YOU WANT TO PUT IT, THE FUTURE OF LOOP 88 OR 1585. HE WAS APPROACHING UPWIND AVENUE FROM THE WEST. A LADY FLAT RAN THAT STOP SIGN. IT'S A MIRACLE SHE WASN'T KILLED. AND SHE WAS ONLY NOT KILLED BECAUSE OF SOME, REALLY... HEAVY, EVASIVE MANEUVERS THAT MY EMPLOYER TOOK. THE CAR AND MY PICKUP WAS TOTALED, AND I'M SURE THE CAR WAS TOTALED AS WELL. THANK GOD, NOBODY WAS SERIOUSLY INJURED. AND THAT'S THE MOST IMPORTANT THING, I THINK, FOR ALL OF US TO BEAR IN MIND.

BUT I JUST WANT TO MAKE THE POINT THAT WE ALL SHARE THIS CONCERN. A PROPERTY THAT FACES SLIDE ROAD, SIMILAR TO MR. PHILLIPS. SIMILAR TO MR. PHILLIPS, 600 FEET OFF OF SLIDE ROAD. I'VE LIVED THERE SINCE MY DAUGHTER WAS IN SIXTH GRADE. I LIVE IN MORTAL FEAR EVERY TIME SHE EXITED TO SLIDE ROAD. SO I UNDERSTAND THE CONCERN, I SHARE THE CONCERN.

AT THE SAME TIME, I... IF WE'RE GOING TO TAKE THE POSITION THAT THE ADJACENT ROADWAY HAS TO BE ABLE TO ACCOMMODATE FUTURE TRAFFIC FOR DEVELOPMENT, WELL, THE CITY CERTAINLY SHOULDN'T HAVE APPROVED BEATON BOW'S REQUEST FOR THE DEVELOPMENT. THEY'RE ABOUT TO DO AT THE NORTH END OF THE SECTION BECAUSE IT'S BOUNDED. ON THE NORTH BY 146TH STREET, WHICH IS A FLAT-OUT DIRT ROAD, AND ON THE EAST SIDE BY FRANKFURT AVENUE, WHICH IS A FALL- THAN WOODROW ROAD IS. WOODROW ROAD IS A EXTREMELY WELL-CONDITIONED STREET COMPARED TO FRANKFORT AVENUE, WHICH IS ALL BUT FALLING APART. SO, OBVIOUSLY, WE DON'T NOT ALLOW BECAUSE THE ADJACENT ROAD ISN'T IN THE SHAPE THAT WE WOULD LIKE FOR IT TO BE IN. IF WE DID, THERE WOULD BE NO DEVELOPMENT GOING ON IN A WHOLE LOT OF PLACES. WE DON'T HAVE IMPACT FEES NOW, SO THE DEVELOPER CAN'T. BUILD THE THOROUGHFARE WITH THEIR MONEY AND HAVE REIMBURSEMENT FOR IT. SO THE THOROUGHFARE IS THE RESPONSIBILITY OF THE CITY. AND SO, AGAIN, I JUST SAY BEATON BOW'S DEVELOPMENT TO THE NORTH IS A PERFECT EXAMPLE. WHY IN THE WORLD WOULD WE ALLOW THAT, BORDERED BY A DIRT ROAD AND A FALLING APART, STRIP-PAID TWO-LANE STREET THAT'S IN FAR WORSE CONDITION THAN

[02:10:01]

WOODROW ROAD? SO IT'S NOT THAT I'M NOT CONCERNED ABOUT THESE ISSUES. I PROMISE YOU, AS CONCERNED AS ANYONE IS, INCLUDING THE FOLKS WHO HAVE SPOKEN. BUT THERE WILL BE FAR MORE TRAFFIC FROM A RESIDENTIAL SUBDIVISION THAN THERE WILL EVER BE FROM THE DEVELOPMENT OF THIS LAND I'M TALKING ABOUT, WHICH WILL BE, IN TERMS OF TRAFFIC, RELATIVELY LIMITED, BY COMPARISON. I'LL BE HAPPY TO ANSWER ANY OTHER QUESTIONS.

AND YOU KIND OF MADE ONE OF THE POINTS I WAS GOING TO ASK YOU, BUT YOU SAID, YOU THOUGHT, OR YOU ANTICIPATED.

THERE BEING TWO.

BETWEEN THE TWO GAS EASEMENTS, THERE WOULD BE TWO RESIDENTIAL STREETS. WITH HOUSING ON BOTH SIDES OF THE STREETS, OR JUST ON ONE SIDE OF EACH OF THE STREETS? ONE STREET IN THE MIDDLE. ONE STREET IN THE MIDDLE. SO YOU'LL HAVE HOUSES BETWEEN THE TWO GAS LINES. THE HOUSES ON THE NORTH SIDE WILL FACE SOUTH, SO THEIR BACK WILL BE TO THAT GAS LINE. THE HOUSES ON THE SOUTH WILL FACE NORTH, SO THEIR BACK WILL BE TO THAT. YES, OKAY, JUST ONE STREET, THEN OKAY, IT'S TWO STREETS IN THERE, SO THERE'S FOUR ROWS. I GOT OKAY, ALL RIGHT IN BETWEEN THERE, ALL RIGHT, THANK YOU. YES. ANY OTHER QUESTIONS FOR MR. PAYNE WHILE HE'S UP RIGHT THERE, THE BEATONVILLE HOMES. YES, MA'AM.

I HEARD TWO THINGS. ONE, THAT IT WILL START IN APRIL, AND THEN SOMEBODY ELSE SAID THAT IT IS ALREADY HAPPENING. THEY'RE ALREADY BUILDING ON IT. DO YOU KNOW? I CAN TELL YOU THAT I WAS TOLD YESTERDAY ON SITE BY BEATONVILLE THAT THEIR BUILDERS ARE SHOWING UP TODAY TO BEGIN CONSTRUCTION. OKAY, THANK YOU. YES, MA'AM. THANK YOU. YES, SIR. ALL RIGHT. I'M NOW GOING, IF THERE ARE NO FURTHER COMMENTS, I'M GOING TO CLOSE THE PUBLIC HEARING AT, WE HAVE PROBLEMS WITH OUR CLOCKS UP HERE. I'M GOING TO SAY IT'S 410. OKAY. THAT'S WHAT I'M GOING TO SAY NOW. ALL RIGHT. EVERYBODY AGREE IT'S 410? ALL RIGHT. I'M CLOSING THIS AT 410. ALL RIGHT. IS THERE A MOTION TO APPROVE AGENDA ITEM 7.1? WE HAVE A MOTION TO APPROVE. IS THERE A SECOND? SECOND. WE HAVE A MOTION AND A SECOND. SO IS THERE DISCUSSION? DR. WILSON.

YEAH, THANK YOU, MAYOR. SO, WITH THIS BEING DISTRICT 5, I'VE HAD MANY CONVERSATIONS WITH SEVERAL OF THE MEMBERS THAT ARE HERE.

FIRST OFF, I DO WANT TO SAY TO MR. PAYNE AND TO YOU GUYS, MR. PAYNE IS NOT A MALICIOUS MAN. I'VE HAD THE PLEASURE OF WORKING WITH HIM FOR FOUR YEARS. AND NOW HE GETS IN LOTS OF DISAGREEMENTS WITH NEIGHBORS OVER DEVELOPING PROPERTY, BUT THAT'S HIS BUSINESS. AND I THINK HE DOES IT WELL. AND SO IF HE SAYS HE WOULD TRY TO DO DEED RESTRICTIONS, I DO BELIEVE THAT. NOW, MR. PAYNE AND I ALSO SOMETIMES DISAGREE, AND WE ARE GOOD FRIENDS AS WELL. BUT IN THIS PARTICULAR AREA. I KNOW A LOT OF YOU GUYS HAVE SAID THIS WAS MEANT TO BE RESIDENTIAL, MEANT TO BE RESIDENTIAL. WELL, THAT'S USUALLY NOT THE CASE. WHEN WE FIRST STARTED ANNEXING IN UNDER THE NEW UDC, EVERYTHING WENT TO SF 2, AND SO THAT DOESN'T NECESSARILY MEANT ANY PIECE OF PROPERTY WAS MEANT TO BE RESIDENTIAL. THAT WAS JUST HOW IT WAS SET WITHIN THE UDC. SO I WANT TO CLARIFY THAT THAT WASN'T THAT ANYBODY DECIDED THERE NEEDED TO BE HOUSES ON WOODROW NOW, WITH THAT BEING SAID, YOU KNOW, AND MR. PAYNE AND I HAVE DISCUSSED THIS. I WAS AT THE PLANNING AND ZONING MEETING WHEN THIS WAS HEARD, THAT, YOU KNOW, I HAVE SOME CONCERNS HERE AS WELL. NOW, I CAN TELL YOU, I DO NOT THINK RESIDENTIAL PROPERTY SHOULD BE BUILT RIGHT THERE WHERE HE IS TRYING TO DEVELOP. I DO NOT THINK THAT'S THE APPROPRIATE PLACE FOR RESIDENTIAL. IT IS RIGHT GOING TO BE ON A MAJOR ARTERIAL ROAD. BUT I ALSO DON'T THINK I AGREE THAT WE NEED HEAVY COMMERCIAL THERE.

WE'VE BEEN IN DISCUSSIONS MANY TIMES, LOOKING AT NEIGHBORHOOD COMMERCIAL, THE AUTO COMMERCIAL OFFICE, AND I DO THINK THAT IT NEEDS TO BE A LITTLE BIT LESS.

BUT HE'S HIS DEVELOPER. THAT'S HIS RIGHT TO BRING THAT BEFORE US, HIS RIGHT AS A DEVELOPER AND AS A PROPERTY OWNER TO DO THAT. I THINK IT'S GOING TO BE BUFFERED BY SOME TYPE OF COMMERCIAL, SO I DON'T WANT PEOPLE TO BE DISILLUSIONED, NO MATTER HOW THE VOTE IS TODAY, THAT IT NEEDS TO BE RESIDENTIAL HOUSES ON A MAJOR ARTERIAL ROAD. I THINK THE PLAN WAS RESIDENTIAL BEHIND THERE, ALL WITH THE BEATEN BOW, WITH THE POTENTIAL PROPERTIES BETWEEN THE EASEMENTS, WITH SOME TYPE OF MAYBE LESSER COMMERCIAL BUFFER. AND SO WITH THAT, I'M NOT IN SUPPORT OF THE HEAVY COMMERCIAL, BUT I'M NOT GOING TO SAY THAT. IF IT DOES NOT PASS TODAY, IF MR. PAYNE BRINGS BACK SOMETHING EVER WITH A LITTLE BIT LOWER ZONING REQUEST FOR SOME TYPE OF LIGHTER COMMERCIAL, THAT. I WOULDN'T SUPPORT THAT, BECAUSE I DO THINK EVENTUALLY THAT'S WHAT IS GOING TO GO THERE. I CAN'T SPEAK FOR THE REST OF THE COUNCIL, BUT FOR THE HEAVY COMMERCIAL, I CAN'T BE IN SUPPORT OF THAT TODAY. JUST WITH HOW THE RESIDENTIAL HAS GROWN UP AROUND IT, I DO THINK IT WILL BE SOME TYPE OF COMMERCIAL ONE DAY, JUST A LITTLE BIT LIGHTER.

MR. ROSE. MAYOR, AND THANK YOU

[02:15:02]

FOR THE CITIZENS THAT SHOWED UP. EVEN IF YOU DON'T LIVE IN THE CITY OF LUBBOCK, WE KNOW YOU DO BUSINESS AND GO TO CHURCH HERE. AND I APPRECIATE MR. PAYNE COMING UP HERE AND AT LEAST, YOU KNOW, GIVING YOUR SIDE OF THE STORY. AND COUNCILMEMBER WILSON KIND OF PUT IT RIGHT. I MEAN, THIS IS AN ARTERIAL ROAD, REGARDLESS IF, YOU KNOW, IT IS IN THE COUNTY. SO THIS IS NOT THE RESPONSIBILITY OF THE CITY. BUT IT'S GOING TO BE AN ARTERIAL ROAD THAT'S BIG.

SO I HAVE TO LOOK AT THINGS LIKE 82ND STREET. 98TH STREET, WE'VE GOT A MIX OF COMMERCIAL STUFF, GAS STATIONS, BUSINESS FRONTS, WITH SOME RESIDENTIAL THROWN IN THERE. AND SO IT'S DEFINITELY NOT GOING TO BE RESIDENTIAL, LIKE, COUNCILMEMBER WILSON SAID.

WHEN I DRIVE DOWN WOODROW, I MEAN, IT IS, IN FACT, IT'S A DANGEROUS STREET. I MEAN, WE ALL KNOW IT. BUT, YOU KNOW, DEVELOPING SOMETHING ACROSS THE STREET, IT'S DEFINITELY NOT GOING TO MAKE IT ANY LESS DANGEROUS. I MEAN, IT'S ALREADY DANGEROUS. I MEAN, WE LOOK AT IT AND WE'RE...

WE'RE KIND OF MAKING THE ARGUMENT THAT IT'S A QUAINT, LITTLE RESIDENTIAL STREET, AND THAT'S JUST NOT THE CASE. I MEAN, HALF THE HOMES BACK THERE HAVE GIANT BARNS BEHIND THEM, WITH 20-FOOT TRAILERS AND HORSE TRAILERS. AND WE'VE GOT EVEN DOWN THE STREET, DIRECTLY ACROSS FROM THE DEVELOPMENT, IS A PRETTY LARGE WOODWORKING COMPANY. SO, I MEAN, TO SAY THAT IT'S JUST A QUAINT RESIDENTIAL STREET IS JUST NOT THE CASE. IT'S A DANGEROUS STREET. BUT I DO HAVE TO LOOK AT, YOU KNOW, OTHER ROADS THAT WE HAVE IN 98TH AND EVERYTHING, YOU KNOW, 34TH STREET. WE DON'T HAVE, IT'S NOT LIKE WE'VE GOT A LOT OF INDUSTRIAL MANUFACTURING GOING ON RIGHT THERE EITHER. SO, FRANKLY, LIKE I SAID LAST WEEK, IF I LAND ON THE FENCE ON SOMETHING, I'M GOING TO ERR. TO THE SIDE OF WHAT THE PLANNING AND ZONING COMMISSION RECOMMENDED.

THAT'S WHERE I'M GOING TO LAND ON THIS. BUT LIKE DR. WILSON SAID, IT'S TO THINK THAT THIS IS GOING TO BE, BECAUSE THERE'S GOING TO BE SOMETHING COME BACK.

THESE ARE ALL GOING TO COME BACK. AND TO THINK THAT THIS IS GOING TO BE JUST ALL RESIDENTIAL IS JUST NOT THE CASE. JUST SO EVERYBODY KNOWS, THIS IS A COMMERCIAL TRACT, AND THAT'S PROBABLY WHAT'S GOING TO END UP THERE. MR. GERSHANE.

WITH THE ZONE CHANGE, REALLY, THE ONLY CONSIDERATION IS WHAT IS THE APPROPRIATE CATEGORY OF USE FOR THAT LAND. AND SO IT'S OUTSIDE THE SCOPE OF A ZONE CHANGE REQUEST TO CONSIDER WHETHER OR NOT THERE'S DEMAND FOR THE LAND, OR IF WE HAVE ENOUGH COMMERCIAL LAND IN OTHER PLACES. AND WE'RE ALSO NOT LOOKING AT THE TRAFFIC INFRASTRUCTURE IN THE NEARBY AREA. IT'S REALLY JUST A CONSIDERATION OF WHAT IS THE CATEGORY OF LAND USE. I DON'T WANT TO HARP ON IT, BUT THE FACT THAT THIS IS LOCATED ON A MAJOR ARTERIAL STREET SHOWS THAT IT'S GOING TO BE DEVELOPED AS COMMERCIAL PROPERTY.

AT SOME POINT. THAT'S ECONOMICALLY WHAT THE MARKET DEMANDS, AND THAT'S ALSO CONSISTENTLY WHAT WE'VE DONE ACROSS THE CITY. SO IT'LL LOOK LIKE 34TH, 50TH, 82ND, 98TH.

ANY OF THESE OTHER MAJOR STREETS IN THE CITY. AND YOU CAN SEE SOME OF THE OTHER EXAMPLES ON WOODROW ROAD OF WHAT THE MARKET DEMAND FOR THIS TYPE OF LOCATION IS.

BUT ONE ADVANTAGE OF... THIS LAND TO BE DEVELOPED IN THE CITY IS THAT IT'S GOING TO ADDRESS MANY OF THE CONCERNS THAT THE RESIDENTS HAVE BROUGHT UP. AND SO, FOR EXAMPLE, WITH THE WATER, THE CITY IS NOT GOING TO PERMIT THE PROPERTY. WITHOUT ENGINEERING STUDIES THAT SHOW THAT THERE WILL NOT BE ANY WATER RUNOFF ON THE NEIGHBORING LAND. THE LIGHTING IS A GOOD EXAMPLE, TOO, THAT I WANTED TO ADDRESS. AND, MA'AM, I CAN'T SEE. OH, THERE YOU ARE.

SO, ON YOUR EXAMPLE NUMBER THREE, YOU HIGHLIGHTED THESE SHOPS THAT ARE JUST SOUTH OF THE SCHOOL ON. WOODROW, CLOSER TO INDIANA, BETWEEN INDIANA AND QUAKER. THAT PROPERTY IS OUTSIDE THE CITY LIMITS. AND THOSE TYPES OF LIGHTS, AS I UNDERSTAND IT, WOULDN'T BE PERMITTED UNDER CITY ORDINANCES. SO BEFORE THERE'S ANY SORT OF PERMIT, PERMITTING ISSUED FOR UNDER LAND IN THE CITY, THEY WOULD HAVE TO MAKE SURE THAT THEY'RE NOT GOING TO BE ANGLING THOSE LIGHTS ONTO THEIR NEIGHBORS. IN THE SAME WAY THAT THAT PROPERTY THAT YOU SHOWED AS AN EXAMPLE IS. THEY'RE ABLE TO DO THAT BECAUSE THAT DEVELOPMENT IS TAKING PLACE IN THE COUNTY WITHOUT ANY SORT OF RULES. AND SO THAT'S WHY I SAY, I THINK THERE'S A REAL

[02:20:01]

ADVANTAGE TO ALLOWING THIS DEVELOPMENT TO MOVE FORWARD IN THE CITY.

THE OTHER ADVANTAGE OF WHAT? MR. PAYNE HAS SUGGESTED, IS THE DEED. RESTRICTIONS.

THESE DEED RESTRICTIONS WILL LIMIT IT TO AUTO COMMERCIAL AND NEIGHBORHOOD COMMERCIAL, WITH THE ONE EXCEPTION BEING A CONTRACTOR'S SHOP OR SERVICE YARD. THAT REALLY DOES LIMIT IT TO LIGHTER COMMERCIAL. THAT'S GOING TO BE HIGHER END DEVELOPMENT.

IT'S GOING TO BE A LITTLE BIT MORE VALUABLE, A LITTLE BIT MORE RETAIL ORIENTED, AND IT'S GOING TO BE MORE DESIRABLE TO BE ADJACENT TO AS A NEIGHBOR. MR. PAYNE IS A PERSON WHO, I THINK, BY REPUTATION, KEEPS HIS WORD, AND FOR THOSE OF YOU ALL WHO DON'T KNOW HIM, HE HAS TOO MUCH BUSINESS WITH THE CITY TO BREAK HIS WORD ON ONE PARTICULAR ZONE CHANGE.

SO I HAVE A HIGH DEGREE OF CONFIDENCE THAT THE DEED RESTRICTIONS WILL GO FORWARD AS HE'S PROPOSED.

BUT WHAT WE HADN'T TALKED ABOUT ISĀ… THE ALTERNATIVE OF WHAT IF THIS PROJECT DOES NOT GO FORWARD IN THE CITY? LANDOWNERS CAN NOW DE-ANNEX FROM THE CITY. SO, FOR EXAMPLE, TOMORROW, MR. PAYNE COULD GO AND TAKE THIS PROPERTY OUTSIDE OF THE CITY.

CITY, TAKE IT BACK TO THE COUNTY. HE CAN TAKE HIM, TAKE THE LAND OUTSIDE THE JURISDICTION OF THE CITY OF LUBBOCK AND DEVELOP THE PROPERTY AS HE WANTS TO. NOW, THERE'S SOME DRAWBACKS TO THAT, YOU KNOW, FOR EXAMPLE, ACCESS TO UTILITIES LIKE WATER. AND SO IF I WAS GOING TO GUESS, WHAT I WOULD EXPECT IS THAT.

IF YOU TAKE THIS LAND OUT OF DEVELOPMENT FROM THE CITY, YOU'RE GOING TO GET A MORE INTENSE COMMERCIAL USE. THAT'S LESS DESIRABLE TO BE NEIGHBORS. SO IT'S MUCH MORE LIKELY TO BE WAREHOUSES, SHOPYARDS, SORT OF BORDERING ON THE SIDE OF INDUSTRIAL, BECAUSE IF THIS IS IN THE COUNTY, THEY CAN DO WHATEVER THEY WANT TO. AND IF IT'S IN THE COUNTY, THEY WON'T HAVE AS MANY OPTIONS TO DEVELOP THIS AS A DESIRABLE RETAIL LOCATION. AND SO I THINK THAT... IT'S VERY REALISTIC TO CONSIDER THIS A BEST-CASE OUTCOME FOR THE DEVELOPMENT OF THE LAND, ESPECIALLY IN COMPARISON TO THE ALTERNATIVES. IF WE DO NOT ALLOW IT TO DEVELOP AS SOME SORT OF COMMERCIAL PROPERTY. SO I FEEL THAT THE LAND USES ARE APPROPRIATE, AND THIS IS GOING TO BE THE BEST USE FOR THE LAND AND THE NEIGHBORHOOD GOING FORWARD. MAYOR PRO TEM. Y'ALL, SITTING NEXT TO DAVID, HE COPIES ALL OF MY NOTES. I'M JUST GOING TO SAY THAT. NO, BUT SERIOUSLY, I THINK ONE OF THE THINGS THAT I TOOK THE TIME TO DRIVE THAT ROAD AND HAVE DONE IT A FEW TIMES, NO QUESTION, THERE IS A NEED FOR SOME SPEED LIMIT ADJUSTMENTS.

AND DON'T DRIVE IT AT NIGHT.

IT IS COMPLETELY DARK. AND I REALLY FEEL FOR THE FOLKS THAT LIVE IN THAT AREA. BUT THAT'S PART OF ALSO BEING IN THE COUNTY.

AND SO ONE OF THE THINGS THAT, LIKE DAVID SAID, OR COUNCILMAN GLASHINE SAID, IS THAT THE ADJUSTMENT TO THE DEEDS, AND I THINK THAT REALLY SPEAKS THAT HE'S TRYING TO WORK WITH THE NEIGHBORS AND ADDRESS. SITUATION. I DON'T, LIKE WITH JENNIFER OR COUNCILWOMAN WILSON, I DON'T BELIEVE THERE SHOULD BE ANY HOUSING BEHIND THAT AREA. I THINK WE NEED TO REALLY LOOK INTO THAT. BUT THE OTHER PART IS THAT THE THOUSAND HOMES THAT ARE COMING IN, THAT IS GOING TO DEFINITELY CREATE MORE TRAFFIC.

AND I THINK THAT WHEN YOU PUT A PROPERTY OR BUILD HOMES LIKE THAT, THERE IS ALSO OTHER THINGS THAT COME WITH IT.

YOU'RE GOING TO SEE PROBABLY AN IMPROVEMENT IN LIGHTING, AND IN THE CITY, THAT IS, AND SOME ADJUSTMENTS WITH SIGNAGE OR STOP SIGN SPEED LIMIT. SO THAT IS A POSITIVE.

NOW, I HATE TO SEE THE...

INCREASE IN THE TRAFFIC, BUT I'M ASSUMING THAT A LOT OF THOSE KIDS WILL BE GOING TOWARDS LIBERTY SCHOOL. I WOULD BE GOING EAST ON WOODROW, AND THAT DOES CONCERN ME A LITTLE BIT, BUT I DO FEEL THAT BETWEEN THE PLAYA, LAKE, THE ADJUSTMENTS, I FEEL LIKE MR. PAYNE IS MAKING THE EFFORT TO MEET PEOPLE IN THE AREA HALFWAY. AND I WOULD HOPE THAT THERE WILL BE SOME MORE OPPORTUNITY FOR DISCUSSION. AND, YOU KNOW, MR. PAYNE, THESE ARE ALSO SOME VERY HIGH-DOLLAR HOMES. THESE FOLKS WORKED VERY HARD TO BE INCLUDED IN THE CITY LIMITS. AND I KNOW HOW HARD THEY WORKED FOR THAT. SO I DO HOPE THAT

[02:25:01]

YOU'LL TAKE THAT INTO CONSIDERATION WHENEVER YOU'RE WORKING WITH POTENTIAL DEVELOPERS.

BECAUSE I DON'T THINK THAT IT WILL BE FAIR TO ALL OF THE EFFORTS THAT THEY PUT INTO.

THANK YOU. MR. COLLINS. THANK YOU, MAYOR. AS WE SIT HERE AS A COUNCIL AND CONSIDER PLANNING AND ZONING CASES, THESE ARE MOST DIFFICULT CASES THAT WE ADDRESS. THESE ARE THE MOST CHALLENGING DECISIONS THAT I THINK WE HAVE TO MAKE BECAUSE THEY AFFECT INDIVIDUALS. DO AFFECT YOUR HOMES.

BUT WE'RE ASKED TO MAKE THOSE DECISIONS. WE'RE ASKED TO MAKE THOSE DECISIONS VERY OFTEN, AND IT'S ALWAYS DIFFICULT FOR ME. SO AS WE TALK ABOUT THIS A LITTLE FURTHER, UNDERSTAND OUR THOUGHT PROCESSES, OR AT LEAST OUR CONCERNS, AS WE GO BOTH WAYS BETWEEN THE IDEA OF DEVELOPMENT AND THE NECESSARY DEVELOPMENT.

THAT ALLOWS US TO GET AS CLOSE TO A NO NEW REVENUE TAX RATE AS POSSIBLE. IT IS ONLY BECAUSE OF NEW DEVELOPMENT. AND SO WE HAVE A VESTED INTEREST IN ENHANCING DEVELOPMENT. MY CHALLENGE WITH THIS ONE PARTICULARLY, IS THAT WE DON'T KNOW WHAT'S GOING TO BE PUT THERE, AND WE DON'T KNOW HOW THAT MIGHT IMPACT TRAFFIC. AND OPPOSITE TO YOUR POINT, HEAVY COMMERCIAL MAY HAVE SIGNIFICANTLY LESS TRAFFIC THAN AUTO URBAN. YOU PUT A CHICK-FIL-A ON THAT ROAD. AND YOU KNOW WHAT THE TRAFFIC'S GOING TO BE LIKE. BUT IF YOU PUT A HEAVY COMMERCIAL DEVELOPMENT THERE, IT MAY BE FIVE EMPLOYEES THAT DRIVE THAT ROAD EVERY DAY, AND THAT'S ALL. IT MAY NOT BE.

I MEAN, YOU HAVE THE OPPORTUNITY WITH 10 ACRES. YOU HAVE THE OPPORTUNITY FOR A GROCERY STORE ON THAT CORNER. WHAT KIND OF TRAFFIC IS THAT GOING TO DO IN COMPARISON TO A CONSTRUCTION SHOP? MAYBE THE GROCERY STORE IS GOING TO LOOK PRETTY. ABSOLUTELY.

BUT THE TRAFFIC MAY BE DIFFERENT. AND SO THOSE ARE THE CONCERNS. NOW, I POINT THAT OUT TO ASK MR. PAYNE TO MAYBE BE ABLE TO COME BACK AND SAY, THIS IS THE INTENDED USE, AND THIS IS HOW MUCH OF THIS WE NEED, BECAUSE WE HAVE A BUYER IN MIND. WHAT I HAVE CHALLENGES WITH IS JUST BLANKETLY SAYING, WE'RE GOING TO DO THIS. AS WE'VE DEALT WITH HIGH-DENSITY RESIDENTIAL IN A COUPLE OF LOCATIONS IN THE CITY, WE HAD VERY CLEAR AND VERY DEFINITIVE PLANS.

ABOUT WHAT THE DEVELOPER WAS GOING TO DO. AND WE WERE ABLE TO ASK CERTAIN THINGS OF HIM TO ENSURE THAT IT WAS THE LEAST INVASIVE, THE MOST APPROPRIATE DEVELOPMENT FOR THAT PROPERTY. AND WE AS A COUNCIL APPROVED TWO DIFFERENT PROJECTS, TO SOME DEGREE OVER THE OBJECTION OF THE NEIGHBORHOODS, BUT WE HAVE SOME ASSURANCE THAT THAT PROPERTY IS GOING TO BE WELL DONE AND VERY APPROPRIATE, AND SO IT WAS A LITTLE EASIER TO MAKE THAT DECISION. I SIT HERE TODAY STILL DOING THIS.

YOU CAN SEE MY HANDS FROM BACK THERE. I'M STILL DOING THIS BECAUSE THIS IS SUCH A, I DON'T KNOW, THE RIGHT DECISION. I'M GOING TO ASK YOU TO MAKE THAT IN A MINUTE. I KNOW YOU ARE.

AND THAT'S THE CHALLENGE.

BECAUSE I DO APPRECIATE YOU FOLKS, AND I DO UNDERSTAND THE WORK THAT'S GONE INTO PROPERTIES AND YOUR HOMES AND THE INTEREST THAT YOU HAVE. I DON'T KNOW. BECAUSE WE DON'T KNOW WHAT THE DEVELOPMENT MIGHT BE, IT'S HARD FOR ME TO SAY, OH, IT'S NOT WHAT YOU THINK.

IT'S NOT AS BAD AS YOU THINK.

BUT I CAN'T SAY THAT IT ISN'T, BECAUSE WE DON'T KNOW. AND SO, YOU KNOW, I PUT THAT BACK TO THE DEVELOPER A LITTLE BIT.

AND MAYBE SAY, WHEN WE CAN COME BACK WITH INFORMATION, WHEN WE CAN COME BACK WITH A DEFINITIVE ANSWER, THEN MAYBE WE CAN HAVE A LITTLE BETTER DECISION-MAKING PROCESS.

THIS IS JUST HARD. I HOPE YOU UNDERSTAND THAT FOR ALL OF US. THIS IS HARD. MR. COLLINS, I THOUGHT YOU WERE GOING TO DO THE 6-7 THING THERE FOR A MINUTE. OKAY. ALL RIGHT.

IS IT ALREADY? LET'S SEE HOW I AM. MR. GLASHINE. YEAH, BY THE TIME THAT WE KNOW ABOUT IT, IT'S NOT COOL. MR. COLLINS. I WOULD RESPECTFULLY DISAGREE WITH YOU ON THE IDEA THAT WE NEED TO KNOW WHAT THE SPECIFIC USE IS BEFORE WE ZONE IT. AND I UNDERSTAND WHERE YOU'RE COMING FROM, BECAUSE IT'S EASIER TO IMAGINE, BUT ZONING DOES GIVE US THOSE CATEGORIES OF USES. AND SO MAYBE WE DON'T KNOW THAT IT'S GOING TO BE A CHICK-FIL-A, FOR EXAMPLE, BUT WE DO KNOW GENERALLY WHAT IT'S GOING TO BE. AND IT WOULD BE IMPOSSIBLE FOR US AS A CITY TO SET ZONING IF WE WAITED UNTIL THERE WAS A SPECIFIC USER IN LINE. WE WOULDN'T BE ABLE TO ZONE. ENTIRE TRACKS AT A TIME, LIKE WE DO. AND IT WOULD SLOW DOWN THE FLOW OF BUSINESS AND DEVELOPMENT FAR TOO MUCH. AND SO THAT IS. THE PURPOSE OF ZONING IS TO GIVE THESE GENERAL RANGES OF WHAT THE LAND USES ARE. AND SO I DON'T THINK THAT IT WOULD BE APPROPRIATE TO WAIT UNTIL WE HAVE SPECIFIC INDIVIDUAL USERS

[02:30:02]

TO MAKE A DECISION ON ZONING.

MAYOR POTEA. ON THAT NOTE, I ALSO WANT TO SAID THAT, YOU KNOW, OUR STAFF WAS IN APPROVAL OF THIS. AND I THINK IN PART BECAUSE WE DEAL WITH A CASE-BY-CASE ISSUE. AND I THINK THAT THEY'RE ALSO VERY COMMITTED TO MAKING SURE. THAT WE ARE CAREFUL OF WHAT IS PLACED AND WHAT IS NOT, OR THEY VET IT BEFORE IT COMES TO US. SO I THINK THAT ALSO IS VERY IMPORTANT TO ACKNOWLEDGE THAT OUR STAFF DOES NOT JUST LET ANYTHING HAPPEN. AND SO I APPRECIATE THAT, AND I JUST THINK IT'S IMPORTANT, AND I TRUST IN THEM. AND THAT'S THE OTHER REASON THAT I AM GOING TO SUPPORT THIS. ANYONE ELSE BEFORE I SAY MY PIECE? ALL RIGHT. ONE OF THE PLEASURES OF WORKING WITH THIS COUNCIL IS HOW THOUGHTFUL THEY ARE ABOUT THESE MATTERS. AND AS MR. COLLINS SAID, WHEN PEOPLE'S HOMES ARE AT STAKE, IT'S A PARTICULARLY DIFFICULT DECISION TO MAKE.

WHEN WE ARE CHARGED WITH TRYING TO DO WHAT'S BEST FOR THE CITY AND MAKE THE BEST AND MOST REASONABLE USE OF PROPERTY. I THINK WHAT ALL OF US ARE TRYING TO DO, AND I HAVE NO IDEA HOW THIS VOTE IS GOING TO GO TODAY BECAUSE WE CAN'T DISCUSS IT IN ADVANCE.

WE'LL FIGURE IT OUT HERE IN A MINUTE WHEN THAT VOTE IS CAST.

BUT TRY TO MANAGE YOUR EXPECTATIONS ABOUT THIS PIECE OF PROPERTY. I THINK EVERYBODY ELSE HAS GIVEN YOU THE INDICATION IT IS GOING TO BE DEVELOPED. IT'S NOT GOING TO BE HOUSES. IT WILL BE BUSINESSES. AND WHAT WE'RE TRYING TO DO IS MAKE THE BEST DECISION ABOUT WHAT BUSINESSES ARE APPROPRIATE ALONG SOMETHING THAT'S A MAJOR ARTERIAL IN THE CITY. AND IT'S OUR JOB AND OUR OBLIGATION TO ALLOW FOR THE MOST REASONABLE AND BENEFICIAL DEVELOPMENT OF THE CITY OF LUBBOCK. AND THAT'S NOT TO DISMISS THE CONCERNS OF PEOPLE WHO LIVE OUTSIDE THE CITY OF LUBBOCK, BUT OUR MAIN CONCERN AS PEOPLE WHO ARE ELECTED HERE, ARE TO ANSWER TO THE CITIZENS OF LUBBOCK AND WHAT'S IMPORTANT TO THEM. SO I JUST HOPE YOU UNDERSTAND WHERE WE HAVE TO COME FROM, EVEN HAVING HEARD YOU. I WILL ALSO SAY THAT ONCE THIS PIECE OF PROPERTY GETS DEVELOPED, THAT PROBABLY IS GOING TO HELP IN SOME WAYS. IT MAY SEEM COUNTERINTUITIVE.

TO REDUCE THE SPEED, ONE OF THE REASONS I THINK IT'S SET SO HIGH AT THE MOMENT IS THERE IS NOTHING ALONG IT. AND THAT'S WHEN YOU HAVE HIGH SPEED LIMITS. WHEN YOU DEVELOP IT, THE SPEED LIMITS COME DOWN.

AND SO THESE ARE KIND OF THE CONCERNS THAT HAVE TO GO THROUGH OUR HEADS. I AGREE 100% WITH DAVID, AND IT TOOK ME A WHILE TO COME TO THIS CONCLUSION. OUR JOB HERE IS TO ESTABLISH... WHAT'S AN APPROPRIATE ZONING FOR A PIECE OF PROPERTY? NOT TO GET INTO WHAT PARTICULARLY IS GOING TO GO ON THAT PROPERTY. THAT'S NOT REALLY OUR BUSINESS. AND SO AS I'M SITTING HERE TODAY, I WOULD SAY, IF WE WERE BEING ASKED TO MAKE IT HEAVY COMMERCIAL, I WOULD NOT THINK THAT WAS APPROPRIATE. I WOULD THINK NEIGHBORHOOD COMMERCIAL, AUTO URBAN COMMERCIAL WOULD BE THE MORE APPROPRIATE USE OF IT.

WHAT WE HAVE BEFORE US TODAY, THOUGH, IS SOMETHING I'VE NEVER SEEN BEFORE. SOMEONE COMING TO US WITH A DEED RESTRICTION ON THAT. AND I HAVE A LOT OF QUESTIONS ABOUT WHETHER OR NOT I SHOULD EVEN HAVE THAT GOING THROUGH MY MIND. BUT AS MR. GERSHEEN SAID, I THINK THIS MAY BE THE BEST THING THAT CAN HAPPEN TO DEVELOP THIS PARTICULAR PIECE OF PROPERTY. HE DOES HAVE THE OPTION OF DISANNEXING IT, TOTAL RIGHT. AND THEN THERE IS NO CONTROL OVER WHAT GOES THERE. AND I DON'T THINK ANY OF YOU WOULD WANT THAT RESULT AT THE END OF THE DAY. IT'S INTERESTING THAT WHAT HE'S PUT IN IS LIMITING IT TO WHAT IS APPROPRIATE FOR AUTO COMMERCE AND NEIGHBORHOOD COMMERCE, WITH THAT ONE LITTLE EXCEPTION OF CONTRACTOR, SHOP OR SERVICE.

I JUST DON'T KNOW THAT WE CAN GET A BETTER USE FOR THIS PROPERTY. I UNDERSTAND YOUR CONCERNS, BUT I THINK THIS IS THE BEST SITUATION WE'RE GOING TO BE FACING. AND SO I WILL BE SUPPORTIVE OF IT, BELIEVING IT WILL ADDRESS THE SPEED PROBLEMS AS IT'S DEVELOPED. THAT'S WHAT CAUSES US TO REDUCE SPEED LIMITS WHEN PLACES ARE DEVELOPED. IF THERE'S NO DEVELOPMENT GOING ALONG, IT'S 65 MILES AN HOUR. SO I HOPE YOU

[02:35:03]

CAN SEE THAT, AND I HOPE YOU CAN ALSO SEE THAT. ALL OF US ARE REALLY TRYING TO BALANCE ALL THESE CONCERNS.

AND, MR. ROSE, I SEE YOU STILL HAVE A COMMENT. WELL, I JUST WANTED TO FOLLOW UP, MAYOR, WITH, WE WERE, YOU KNOW, THERE WERE SOME COMMENTS MADE ABOUT THE CITY STAFF MAKING RECOMMENDATION ON THIS, BUT LET'S NOT FORGET ABOUT OUR PLANNING AND ZONING COMMISSION. AND THERE WAS A LOT OF BELLY ACHING WHEN I MOVED TO, YOU KNOW, TAKE AWAY THE... THE MAJORITY THRESHOLD ON THIS. SO I JUST, BEFORE WE MOVE FORWARD, WHAT IT LOOKS LIKE THAT WE'RE GOING TO SUPERSEDE WHAT THE PLANNING AND ZONING COMMISSION LOOKED AT AND DID. AND A LOT OF THEM DO THIS FOR A LIVING.

SO I'M JUST THROWING THAT OUT THERE. AND DEED RESTRICTIONS, WELL, MR. PAYNE, I THINK IT REALLY TRIED WITH THE DEED RESTRICTIONS. I HAVE TO LOOK AT THIS WITH MY CITY HAT ON AND WE DON'T ZONE THINGS WITH DEED RESTRICTIONS. THAT'S LIKE PRIVATIZING YOUR ZONING.

AND THEN WHAT DO YOU HAVE THEN? SO JUST MY FINAL COMMENTS. ALL RIGHT. ANY OTHER QUESTIONS? ALL RIGHT. WE DO HAVE A MOTION AND A SECOND, DON'T WE? I FORGOT. THAT WAS A LONG TIME AGO. ALL RIGHT. SO.

LET'S BRING THIS UP FOR A RECORDED VOTE SO I CAN SEE, BECAUSE I THINK THIS WILL BE A DIVIDED VOTE. LET'S JUST SEE HOW IT GOES. SO WHAT YOU'RE VOTING FOR IS TO APPROVE THIS ZONING FOR THAT PIECE OF PROPERTY. IT PASSES 4-3. ALL RIGHT. HAVING EXHAUSTED ALL ITEMS ON OUR AGENDA, THIS MEETING IS ADJOURNED.

WHEN COMPANIES CONTACT US, OR WHEN WE'RE CONTACTING COMPANIES ABOUT PARTICULAR SITES AND THE SUCH, ONE OF THE QUESTIONS THAT THEY ALWAYS ASK IS, WHAT'S THE ZONING OF THAT PARTICULAR SITE? OR DOES IT NEED TO BE ANNEXED AND REZONED? AND IN THIS PARTICULAR CASE, IT COMES ACROSS, IT USED TO COME ACROSS AS TRANSITIONAL, WHICH WAS THE SAME AS SINGLE-FAMILY RESIDENTIAL, BUT THE TRANSITIONAL AT LEAST DIDN'T SAY RESIDENTIAL ON IT. AND SO OUR CLIENTS COULD KIND OF GET THROUGH THAT PRETTY EASILY. BUT NOW THAT IT SAYS SINGLE-FAMILY RESIDENTIAL, THEY KNOW THAT THAT'S A BIG CHANGE BETWEEN RESIDENTS. THAT'S A LOT OF RESTRICTIONS TO NO RESTRICTIONS IF IT GOES TO GENERAL INDUSTRIAL, OR SOME RESTRICTIONS AS IT GOES TO INDUSTRIAL PARK. SO FROM A MARKETING PERSPECTIVE, WE LOSE OUT. THE COMPANY DOESN'T WANT TO EVEN CONSIDER COMING TO A PARTICULAR PIECE OF PROPERTY THAT'S NOT GOING TO BE CONDUCIVE. FOR. IF THEY DON'T FEEL LIKE THERE'S A GOOD CHANCE THAT IT CAN ACTUALLY MAKE HAPPEN. OKAY, AND I DEFINITELY UNDERSTAND THAT ABOUT THE MARKETING ASPECT OF A PIECE OF PROPERTY. I DO HAVE SOME CONCERNS, YOU KNOW, WITH THE CHAPEL HILL NEIGHBORHOOD, THAT'S DIRECTLY NORTH OF THERE. YOU KNOW, JUST A GENERALIZED CHANGE IN ZONE, WHICH I KNOW WE'RE TRYING TO CLEAN UP OUR ZONING, SO NOTHING AGAINST LITA, AND I MEAN, I'D LOVE LEPRINO IF WE HAD A PLAN FOR IT. I DO WORRY, WITH THAT NEIGHBORHOOD ABUTTING RIGHT UP THERE TO EAST 4TH WHEN JUST...

BLANKETING, SAYING THAT WE'RE GOING TO ZONE SOMETHING NOW, NOT KNOWING WITH THAT MARKETABLE CAPACITY, WHAT COULD COME RIGHT THERE.

AND I NEVER TRY TO USE A CRYSTAL BALL. BECAUSE I THINK THIS COUNCIL HAS BEEN VERY AMENABLE TO ANY INDUSTRIAL COMPANIES AND COMPANIES LIKE. I WAS COMING IN AND CHANGING ZONING, SO I DEFINITELY WOULDN'T BE OPPOSED TO JUST HOLDING TEMPORARILY UNTIL YOU CAN FIND SOMETHING THAT'S GREAT, BECAUSE I DO THINK THAT THAT NEIGHBORHOOD IS VERY IMPORTANT. AND I DO THINK THAT WE WOULD WANT TO KNOW WHAT'S GOING TO BE PUT THERE. THAT WAY, IF SOMETHING IS GOING TO BE THERE, WE COULD CREATE A GOOD ENOUGH BUFFER BETWEEN THAT NEIGHBORHOOD AND SOMETHING ELSE. AND NOT JUST DOING A BLANKET CHANGE RIGHT NOW. SO I'M A LITTLE WARY ABOUT THAT AT THE MOMENT BECAUSE. WHEN YOU PUT SUCH A LARGE ZONE, ANYTHING COULD COME. AND FROM YOUR PERSPECTIVE, I UNDERSTAND.

BUT I ALSO UNDERSTAND, FROM Y'ALL'S PERSPECTIVE, THAT, YOU KNOW, IT COULD JUST OPEN IT UP TO ANYTHING THAT MIGHT WANT TO COME IN. AND THEN IT TAKES AWAY THE DISCUSSION FROM BOTH THEM, IF IT'S ALREADY ZONED THAT WAY, AND IT TAKES THE DISCUSSION AWAY FROM COUNCIL. AND IT MAY NOT BE THIS COUNCIL. IT MAY BE

[02:40:01]

A FUTURE COUNCIL. THAT MAY NOT BE DEVELOPED FOR 20 YEARS. BUT I HATE TAKING AWAY THE DISCUSSION ASPECT OF IT BECAUSE I THINK THAT TAKES AWAY KIND OF THE VOICE FROM BOTH. AND SO I'M NOT SURE I CAN SUPPORT IT RIGHT NOW, NOT SAYING THAT I COULDN'T SUPPORT IT IN THE FUTURE. IF IT'S THE RIGHT PROJECT, THAT WE KNEW SOMETHING COULD BE THERE, SO THE NEIGHBORHOOD COULD STILL HAVE A GOOD VOICE IN THAT DISCUSSION. ANYONE ELSE? ANY OTHER QUESTIONS? ALL RIGHT. AND AGAIN, I GUESS WHAT I WOULD SAY ON THIS IS, YOU KNOW, WHAT I THINK WE TRY TO LOOK FOR IS THE THE BEST USE OF A, AND WHAT'S IT LIKELY TO BE USED FOR. OFTENTIMES, WHAT WE IMAGINE THE BEST USE OF THE LAND TO BE IS NOT SOMETHING THAT, IN REALITY, IT CAN EVER BE. I THINK ONE OF THE CHALLENGES WITH THIS LAND, FOR PEOPLE WHO WOULD LOVE IT, FOR IT TO BE RESIDENTIAL, IS THE PRESENCE OF THE OIL WELLS. AND SO THAT'S... FOR PEOPLE WHO HAVE A HOPE THAT SOMEHOW THE INFILLING BETWEEN TWO RESIDENTIAL AREAS, ONE ON THE WEST, ONE ON THE EAST, WILL BE RESIDENTIAL, I DON'T THINK THAT'S REALLY LIKELY TO HAPPEN BECAUSE OF THE PRESENCE OF THE OIL WELLS. SO THEN IT BECOMES, YOU KNOW, WHAT DO WE DO WITH IT? AND AS A CITY, WE ANNEXED IT. AND AT SOME POINT, YOU KNOW, OUR CONCERN FOR OUR ENTIRE CITY IS TO DEVELOP. PROPERTY THAT WE HAVE WITHIN THE CITY. BECAUSE AS PROPERTY IS DEVELOPED, IT BRINGS IN PROPERTY TAX MONEY TO THE CITY. AND THAT'S WHAT WE NEED TO OPERATE AND RUN OUR CITY.

IT'S NOT GOOD TO LEAVE A PIECE OF LAND UNUTILIZED FOR A LONG PERIOD OF TIME. AND WE ANNEXED THIS. AND AGAIN, THE SINGLE-FAMILY RESIDENCE WAS JUST THE DEFAULT ZONING.

ANYTHING BROUGHT IN THROUGH ANNEXATION. IS UNLESS NOW THEY COME IN WITH THE ANNEXATION AND REQUEST THE ZONING AT THE SAME TIME.

BUT UP UNTIL NOW, THAT'S JUST WHAT IT WAS. AND THEN YOU HAD TO COME AND ASK FOR THAT ZONING TO BE CHANGED. SO IT'S NOT LIKE THIS WAS EVER NECESSARILY INTENDED TO BE SF1, SINGLE-FAMILY RESIDENTIAL PROPERTY. THAT'S JUST WHAT IT WAS AUTOMATICALLY ZONED. SO I BELIEVE THAT'S OUR CONCERN. I UNDERSTAND YOUR CONCERN, TOO, ABOUT HOW YOU MARKET IT, THAT RESIDENTIAL DESIGNATION. I THINK THAT CAN BE EXPLAINED TO PEOPLE AT THE SAME TIME THAT THEY REQUEST A PROPOSAL, REQUEST INFORMATION, ANSWER IT IN THAT WAY. AND SO THAT THEY KNOW THAT. THAT IS NOT NECESSARILY THE DESIGNATION THAT WILL REMAIN ON IT. IT'S JUST A DEFAULT DESIGNATION. BUT I THINK OUR PLANNING AND ZONING COMMITTEE GAVE THIS SOME VERY CAREFUL CONSIDERATION. THEY SAW ISSUES WITH IT. WE DON'T HAVE TO DEFER TO THEM. WE GET TO VOTE ON IT, BUT I DON'T KNOW THE POINT OF HAVING THEM IF WE DON'T LISTEN TO THEM IN SOME WAY, FORM, OR FASHION. SO. I CERTAINLY WANT TO SEE THE PIECE OF LAND DEVELOPED, BUT I THINK I'VE GOT A LITTLE PROBLEM OF DOING IT NOW. I APPRECIATE THE OPPORTUNITY TO UPZONE IT. I GUESS THAT'S THE PROPER WORD FOR IT. AND THAT'S PROBABLY ITS BEST USE IS AN INDUSTRIAL PARK AT THIS POINT. BUT I THINK WE'LL HAVE AN OPPORTUNITY TO MAKE THAT DECISION, MAYBE AT A BETTER TIME IN THE FUTURE. SO, ANY OTHER QUESTIONS, ANY OTHER CONCERNS? YOU KNOW, WE'RE NOT, WE NO LONGER HAVE THE PUBLIC COMMENTS, OKAY? THAT'S JUST, THAT'S, WE'RE NOW FOR DISCUSSION. MR. MATA, THIS IS FOR DISCUSSION AMONG THE COUNCIL NOW, OKAY? I'M GOING TO ASK YOU TO QUIT SPEAKING, MR. MATA.

OKAY, THANK YOU. WE'RE DISCUSSING THIS NOW AS A COUNCIL, OKAY? ANY FURTHER DISCUSSION? MR. GUSHIN. MAY I ASK YOU TO PULL UP THE SATELLITE VIEW OF THE PROPERTY, PLEASE? CONCERN WITH LEAVING THIS PROPERTY AS RESIDENTIAL IS THAT IT'S NEVER GOING TO BE USED AS A RESIDENTIAL PROPERTY. AND DO WE HAVE THE SATELLITE VIEW AVAILABLE? WELL, IT'S A VERY ZOOMED OUT MAP FROM OUR ORIGINAL ZONE CASE. I APOLOGIZE. I DON'T HAVE A MORE ZOOMED IN AERIAL FROM IT. I DON'T KNOW.

COUNCILMAN, IF YOU GIVE ME JUST A MOMENT, I THINK WE CAN DO THAT. OKAY.

WE HAVE TO DO IT FROM A DIFFERENT COMPUTER. AS I WAS STUDYING THIS, YEAH, THIS ONE HELPS A LITTLE BIT.

BUT LOOKING AT IT, I THINK THE SATELLITE VIEW HELPS SHOW WHY THIS IS NEVER GOING TO BE USED AS A RESIDENTIAL PROPERTY.

[02:45:01]

BECAUSE YOU HAVE THE TWO OIL WELLS, WHICH OCCUPY A LARGE AMOUNT OF THE SPACE ON THE TRACT, AND THEN YOU HAVE OUR EXISTING INDUSTRIAL USES ADJACENT TO THE PROPERTY AS WELL. THOSE PADS, THOSE BROWN PADS, ARE THE OIL WELLS. AND SO... I IMAGINE THERE IS THAT A TANK BATTERY UP ON THE NORTH SIDE AS WELL? EXCUSE ME FOR INTERRUPTING, BUT YES, THAT IS RIGHT THERE ON THE LEFT, AND THEN THAT'S WHERE THE TRUCKS ENTER AND COME IN AND GO AROUND. SO YOU'RE ALWAYS GOING TO HAVE OIL-FILLED SERVICE TRUCKS USING THAT ROAD AND GOING THERE. EITHER TO SERVICE THE WELL OR TO PICK UP THE OIL AND GAS PRODUCED THERE AT THE TANK BATTERY. AND BECAUSE OF TEXAS LAW AND THE WAY THAT THE MINERAL ESTATE IS SUPERIOR, THERE'S NOTHING THAT ANY LAND USER COULD REALLY DO TO STOP THE MINERALS FROM BEING EXPLOITED THERE. SO THIS IS NEVER GOING TO BE DEVELOPED AS ANY SORT OF RESIDENTIAL USE. WITH THE ADJACENT INDUSTRIAL USES AS WELL, I THINK IT'S APPROPRIATE TO MAKE THIS SOME SORT OF INDUSTRIAL, WHETHER IT'S LIGHT INDUSTRIAL, WHATEVER THE SPECIFIC RECOMMENDATION, FOR EXAMPLE, COUNCILMAN COLLINS HAD. AND WE'VE ALREADY PUT THE WORK INTO STUDYING THE ISSUE NOW.

WE KNOW WHAT THE PROBLEM IS.

WE KNOW WHAT THE ZONING NEEDS TO BE IN THE FUTURE. IF WE WAIT FOR A SPECIFIC PROJECT AND THEN DECIDE BASED ON THE SPECIFIC PROJECT, THAT'S NOT REALLY THE APPROPRIATE WAY TO MAKE ZONING CONSIDERATIONS BECAUSE WE DON'T MAKE ZONING DECISIONS ON A SPECIFIC. USE BASIS, BUT ON A CATEGORY OF USES. SO IF WE ALL UNDERSTAND AND AGREE WITH THE CATEGORY OF USES THAT ARE APPROPRIATE FOR THIS PROPERTY. I WOULD SAY THAT IT'S THE TIME TO DO IT NOW. MR. OSBORNE GET SOMETHING THIS WAY. YES, SIR, I APOLOGIZE FOR INTERRUPTING.

BUT THE OTHER FIVE ACRES IS THAT THAT KIND OF SWATH OF LAND RIGHT IN BETWEEN THE THE HOMES IN THE COMMERCIAL AREA. THAT'S DUE SOUTH OF THE OTHER OIL WELL. THAT WOULD BE A ROAD THAT WOULD COME INTO THE PROPERTY, SO IT MIGHT ACTUALLY HELP THOSE TRUCKS GOING TO THE OIL WELLS TO USE. UTILIZE THE ROAD GOING INTO THE PROPERTY VERSUS THE RESIDENTIAL STREETS THAT ARE NEARBY, BECAUSE THE ONLY OTHER WAY THAT THEY CAN ACCESS THAT IS THROUGH THOSE OTHER RESIDENTIAL STREETS. RIGHT.

YOU COULD SHIFT THE TRAFFIC ONTO 4TH INSTEAD OF THE BACK ROADS. YES, SIR.

AND THEN ADDITIONALLY, BECAUSE OF WHERE THOSE OIL WELLS ARE LOCATED, IT'S REALLY DIFFICULT TO ACTUALLY DEVELOP THE WESTERN PORTION OF THIS PROPERTY. SO LIKELY, ANY BUILDING THAT WOULD TAKE PLACE WOULD ACTUALLY BE AS FAR AWAY FROM THE RESIDENTIAL AREA TO THE EAST TO ENABLE A BUILDING TO BE IN THERE. THE LAND TO THE EAST OF THIS, ON THE OTHER SIDE OF THAT ROAD, RIGHT THERE, THANK YOU FOR DOING THAT, IS WHERE PLANT ACT SYSTEMS IS PLANNING TO GO WITH THEIR GREENHOUSES. SO THIS WOULD BE AN ADJACENT DISTRIBUTION FACILITY NEXT DOOR TO THOSE GREENHOUSES. AND THAT'S NOT SHOWING ON THE SATELLITE YET, BUT THIS IS GOING TO BE THE GREENHOUSES THAT ARE THERE TO THE EAST ON THIS, TO THE AREA WITH THE PIVOT IN SOUTH. THAT'S CORRECT.

YES, SIR. THAT LAND IS CURRENTLY WITH PLANT ACT SYSTEMS. THEY HAVE PLANS FOR CONSTRUCTION LATER THIS YEAR.

THAT'S ANOTHER SORT OF, I DON'T KNOW THE SPECIFIC TERM UNDER THE UDC FOR THAT, BUT I WOULD CONSIDER IT. A LIGHT INDUSTRIAL USE TO HAVE THE GREENHOUSES, AND IT MAKES SENSE THAT THE ADJACENT PROPERTY WOULD HAVE THAT USE AS WELL. MR. OSBORNE, YOU JUST RAISED AN IMPORTANT POINT FOR CONSIDERATION ABOUT THE OIL WELLS. YOU SAID THAT... AND THAT WAS MY QUESTION. IS THERE ANY CHANCE OF SUBDIVIDING THIS? BUT YOUR POINT IS, IT'S NOT REALLY USEFUL AS A SUBDIVIDED.

IT WOULD ONLY BE USEFUL AS AN ENTIRE TRACT BECAUSE THE OIL WELLS WOULD REALLY PREVENT MUCH IN THE WAY OF DEVELOPMENT OR BUILDING ON THE WESTERN SIDE. IS THAT RIGHT? THAT'S CORRECT. AND THE FORMER COUNCILWOMAN, SHEILA PATTERSON HARRIS, WAS MENTIONING TO ME THAT THERE ARE SOME SUBDIVISIONS WHERE HOMES KIND OF GO NEAR. ORAL WELLS, THERE'S VERY, VERY FEW OF THEM IN OUR AREA, AND THEY'RE NOT NECESSARILY WHAT PEOPLE HIGHLY DESIRE TO DO. IT'S USUALLY BECAUSE OF EITHER A SCHOOL DISTRICT OR A PARTICULAR AREA THAT'S HIGHLY DESIRABLE TO BE IN. I JUST DON'T ENVISION THAT MORE HOMES ARE GOING TO WANT TO GO IN RIGHT NEXT DOOR TO A TANK, BATTERY AND PUMP JACK. I'VE TALKED TO A LOT OF MOMS IN MY YEARS OF DOING ECONOMIC DEVELOPMENT.

IT'S PRETTY RARE FOR THEM TO WANT KIDS TO BE ABLE TO BE OUT NEAR A PUMP JACK. I KNOW A FRIEND OF MINE WHO LOST HIS ARM ON A PUMP JACK. SO, YEAH, WELL, SO AGAIN, YOU'RE RAISING AN IMPORTANT POINT HERE. THAT WESTERN PART OF IT IS NOT LIKELY TO BE DEVELOPED AT ALL. NO, IT'LL LIKELY JUST BE A PARKING LOT OR SOMETHING LIKE THAT. IF YOU DO A DISTRIBUTION FACILITY, OR MAYBE EVEN TWO, ON THIS HUNDRED ACRES, OR MIGHT EVEN BE ABLE TO GET THREE, BUT THERE'S A PORTION OF IT THAT WON'T ACTUALLY BE DEVELOPED. BUT WE COULD ACTUALLY HAVE IT SET UP

[02:50:01]

TO WHERE AS WE. IF IT ENDS UP BEING SUBDIVIDED, THAT A PORTION OF THAT REMAINS WITH ONE OF THE PROPERTIES, SO THAT IT HAS TO BE MAINTAINED. BUT IT DOESN'T NECESSARILY BECOME DEVELOPED. THAT KIND OF CHANGES, MY, I WASN'T REALLY FOCUSING ON THOSE WELLS AND WHERE THEY'RE LOCATED. THERE ARE MORE ON THE WESTERN SIDE, THERE ARE EXCESS BY THE STREETS. ALRIGHT, MAY I PRETEND? ARE THESE, THESE OIL WELLS ARE STILL ACTIVE, RIGHT? YES, MA'AM. AND THIS IS WHAT I UNDERSTAND BASED ON ONCE YOU CAP AN OIL WELL.

YOU STILL CAN'T BUILD ANYTHING ON IT, CAN YOU? BECAUSE NOW THE LAND IS CONTAMINATED, OR IT'S... I MEAN, THAT'S MY UNDERSTANDING. IS THAT NOT RIGHT? IF THE LAND WAS CONTAMINATED, THEN THE OIL COMPANY OR WHOEVER DID THE CONTAMINATION WOULD ACTUALLY HAVE TO CLEAN IT UP. ONCE YOU CAP A WELL, THE... IT'S MY UNDERSTANDING THAT YOU DON'T BUILD ON TOP OF IT. BECAUSE THE OWNER OF THE RIGHTS OF THAT.

WELL, STILL MAY HAVE TO GO IN AND DO SOMETHING TO IT, OR MAINTAIN IT, OR AT LEAST BE STILL RESPONSIBLE FOR IT. AND SO. TO THE BEST OF MY KNOWLEDGE, THAT'S NOT, AND I'M NOT AN OIL AND GAS ATTORNEY BY ANY STRETCH OF THE MEANS, BUT TO THE BEST OF MY KNOWLEDGE, THAT'S HOW THOSE, THAT'S WHAT HAPPENS WITH THOSE WELLS. THIS IS A REALLY TOUGH CASE, AND I KIND OF WISH THAT, I MEAN, WE KNEW THAT WE WERE GOING TO USE IT NOW, BUT IT'S JUST, AND I APPRECIATE THAT YOU ARE BEING PROACTIVE, BUT...

THERE'S JUST STILL A FEW LITTLE QUESTIONS FOR ME. I UNDERSTAND. I MEAN, I LIKE THE IDEA OF AN INDUSTRIAL PARK, BUT THERE'S STILL HOMES NEAR HERE, AND I'M HEARING WHAT FOLKS ARE SAYING. SO I'M NOT GOING TO LIE. RIGHT NOW, I'M KIND OF... REALLY UNCERTAIN ABOUT THIS WHOLE ITEM. WE TRIED TO STILL ALLOW FOR WHAT WE THOUGHT MIGHT BE WILLING AND ABLE TO GO IN THERE, AND SO HAVING IT BE THE MOST RESTRICTIVE OF THAT TYPE, WHICH WOULD BE INDUSTRIAL PARK, AND IT COULD BE ONE BIG DISTRIBUTION CENTER, IT COULD BE A COUPLE OF SMALLER ONES, BUT NEVERTHELESS, WE SEE THAT CHANGING OF THE ROAD ACCESS WOULD BE BEST FOR THAT PROPERTY. THANK YOU. THANK YOU. MR. ROSE.

THANK YOU, MAYOR. AND THIS IS MY LAST COMMENT ON THIS.

LOOKING AT THE PROPERTY ITSELF, I MEAN, TO BE FRANK, THERE'S NOT GOING TO BE ANY DEVELOPER THAT COMES IN HERE AND DEVELOPS SOME SORT OF A NEIGHBORHOOD. I MEAN, I LOOK AROUND TO THE LEFT AND TO THE RIGHT, I SEE JUNKYARDS AND ALL SORTS OF INDUSTRIAL THAT'S GOING ON.

MY PROBLEM WITH IT IS THAT THE PLANNING AND ZONING, I MEAN, THEY UNANIMOUSLY VOTED THIS DOWN, AND THERE'S A LOT OF PEOPLE I TRUST ON THE PLANNING AND ZONING COMMISSION. THAT'S THE PROBLEM I HAVE WITH IT. IF IT'S SOMETHING THAT WE WANT TO LOOK AT, YOU KNOW, AN INDUSTRIAL PARK, MAYBE TURN AROUND AND WE'LL BRING IT BACK TO PLANNING AND ZONING. BUT THE FACT THAT PLANNING AND ZONING TURNED IT DOWN UNANIMOUSLY REALLY CHANGES THE WAY I LOOK AT IT. SO I'M GOING TO... I'M GOING TO, PROBABLY, YOU KNOW, EVEN THOUGH WE DON'T HAVE TO HAVE A UNANIMOUS DECISION, I'M PROBABLY GENERALLY GOING TO LEAN TOWARD WHAT PLANNING AND ZONING HAS RECOMMENDED.

AND I WANT TO JUST ASK A QUESTION HERE.

IS THERE A LIMITATION IF WE VOTE IT DOWN TODAY? IS THERE A TIME LIMITATION ON WHICH IT COULD BE BROUGHT UP AGAIN BEFORE THE PNC TO DISCUSS IT FOR THE. PURPOSE THAT WE'VE AMENDED IT FOR, OR DISCUSSING THAT AMENDMENT TODAY. IT WOULD ALL, WELL, FIRST, THIS IS STAFF INITIATED, SO IT'S CITY INITIATED ZONING CHANGE ON IT. AND DEPENDING ON, I WOULDN'T THINK SO, ASSUMING THAT IT WOULD COME BACK AS A DIFFERENT TYPE OF ZONING CHANGE. SO IT COULD BE RIGHT THROUGH P&Z AGAIN, WITH A REQUEST FOR IT TO BE REZONED TO INDUSTRIAL PARK THEN? I WOULD THINK THAT IT COULD BE, YES. OKAY. ALL RIGHT. ALL RIGHT. ANY OTHER QUESTIONS? MR. COLLINS. VERY QUICKLY, BECAUSE WE HAVE MADE THE CHANGE IN OUR MOTION, WE ARE TALKING INDUSTRIAL PARK, AND I AGREE. P&Z HAS NOT WEIGHED IN. THEY VOTED UNANIMOUSLY TO DENY GENERAL INDUSTRIAL. BUT I THINK, AND SOMETHING THAT I'M ASKING, WE SEE THAT THIS PROPERTY IS SURROUNDED BY... PROPERTIES THAT ARE OUTSIDE THE CITY LIMITS. I THINK, MS. PATTERSON HARRIS SAID THAT. BUT

[02:55:02]

GIVEN THE NEW ANNEXATION RULES THAT WE HAVE STATEWIDE TODAY, EVERY INDIVIDUAL PROPERTY THAT WE SEE ON THE SCREEN TODAY WOULD HAVE TO VOLUNTARILY AND PROACTIVELY REQUEST ANNEXATION. IS THAT CORRECT, MR. WADE? YES, SIR.

SO NO ONE IS GOING TO, WE ARE NOT AS A CITY, GOING TO... GOBBLE UP ANY OF THESE OTHER PROBLEMS. LET ME REPHRASE. THERE IS A MECHANISM FOR THERE TO BE A PERCENTAGE OF PROPERTY OWNERS TOGETHER TO REQUEST ANNEXATION. THAT WOULD REQUIRE A VOTE IN THE AREA. THAT MAY NOT THEN BE EVERY SINGLE PROPERTY OWNER, BUT THERE WOULD HAVE TO BE A MAJORITY IN AN ELECTION.

BUT THE GENERAL RULE IS IT HAS TO BE ALL VOLUNTARY ANNEXATION TO COME INTO THE CITY. THE CITY COULD NOT INITIATE THE ANNEXATION WITHOUT... SO LIKE WE HAD WITH OUR NEIGHBORHOOD IN SOUTH OF TOWN, THEY HAD AN HOA, THEY HAD A GREAT DEAL OF ORGANIZATION BEHIND THEM BEFORE THEY CAME AS A GROUP TO ANNEXATION. AND SO FOR THIS TO HAPPEN HERE, THAT WOULD HAVE TO HAPPEN.

THESE FOLKS WOULD HAVE TO DEVELOP AN HOA, THEY WOULD HAVE TO HAVE A NEIGHBORHOOD VOTE, AND THEN COME TO THE CITY TO REQUEST ANNEXATION BASED UPON THE NEIGHBORHOOD. WHICH, TO MY POINT, IS IT'S VERY UNLIKELY THAT ANY OF THESE PROPERTIES, MAYBE THE VACANT PROPERTY TO THE NORTH, VACANT PROPERTY TO THE NORTHWEST, WOULD COME WITH A VOLUNTARY ANNEXATION OF A PLAT LARGE ENOUGH THAT WOULD MAKE A DIFFERENCE IN THIS.

JOHN, THE ZONING FOR PLANT AS IS GENERAL INDUSTRIAL? I HONESTLY DON'T KNOW. IT'S STILL... OH, THIS IS AN ODD ONE. YES, I'M GOING TO LET KRISTEN ANSWER. IT IS AN ODD ONE. IT'S RESIDENTIAL ESTATES, BUT THAT IS ONLY BECAUSE IT IS INDOOR CROP PRODUCTION. SO RESIDENTIAL ESTATES IS WHERE YOU HAVE YOUR AG USES. I'D RATHER DO MATH IN PUBLIC, MAYOR, THAN DO ZONING IN PUBLIC. ZONING IN PUBLIC'S WORSE. MAYBE IT IS.

MAYBE JUST TO COMPLICATE THINGS JUST A BIT MORE, WE ADDED THE FLOODPLAIN. IT'S A PRETTY SIGNIFICANT PORTION OF THE... CAN YOU DO THAT FOR US? I KNOW THAT YOU CAN. I FEAR I HAVE ANGERED THE GIS. GIVE ME JUST A MOMENT. COUNCILMAN, TO ANSWER YOUR QUESTION, WE HAD LONG DISCUSSIONS WITH CITY STAFF TRYING TO FIGURE OUT...

ON PLANT AES, BECAUSE THOSE ARE NOT SMALL, LITTLE, TINY GREENHOUSES.

THEY'RE ACTUALLY A MILLION SQUARE FEET EACH. AND SO, YEAH, THEY'RE STILL A GREENHOUSE.

AND SO ULTIMATELY, THAT'S WHAT THEY CAME TO. WE ALL SCRATCHED OUR HEADS, BUT NEVERTHELESS, THAT'S WHAT THEY DECIDED. SO THERE'S THE FLOODPLAIN ON IT.

SO THE MIDDLE PORTION IS REALLY THE KIND OF THE AREA THAT WILL END UP BEING DEVELOPED. SO, YOU KNOW, I GUESS WHEN YOU LOOK AT THAT. AND THE POSSIBILITY OF MAYBE RECLAIMING AS MUCH AS 30% OF THAT IS ALL THAT YOU HAVE IF YOU DEVELOPED A STORAGE FACILITY SOMEWHERE ON THE PROPERTY. YOU KNOW, THE ORIGINAL INTENTION WHEN YOU BOUGHT THIS WAS GOOD. TODAY, I THINK YOU HAVE, YOU'VE GOT A, I DON'T KNOW WHAT YOU'VE GOT THERE. YOU'VE JUST GOT AN ISSUE, BUT BACK TO MY ORIGINAL POINT, THE LIKELIHOOD OF THIS NEIGHBORHOOD TO THE WEST BECOMING A PART OF OUR CITY IS VERY, VERY SMALL. I THINK THE LIKELIHOOD OF THE PROPERTY COMING ON THE FAR EAST SIDE OF PLANT A.S., AGAIN, MUCH THE SAME, VERY, VERY SMALL PROBABILITY OF THAT. SO I JUST WANT TO POINT THOSE THINGS OUT.

THANK YOU. BUT PLAN A.S. IS IN THE CITY. YES, IT IS. YES.

YEAH. YEAH. ALL RIGHT. ANY OTHER QUESTIONS? I'LL MAKE ONE OTHER COMMENT. YES, SIR.

JUST, I THINK IT'S IMPORTANT WHEN WE'RE DOING THE ZONE CHANGES TO BALANCE THE INTERESTS OF NEIGHBORS, BUT HISTORICALLY, WE'VE ALSO GIVEN LESS WEIGHT TO THE PREFERENCE OF THOSE WHO RESIDE OUTSIDE THE CITY. AND IF YOU WANT TO BE A PART OF THE CITY, THEN YOU GET TO PARTICIPATE TO A GREATER DEGREE IN THESE SORTS OF... PROCESSES AND DELIBERATIONS. AND SO I'M ALSO, I THINK IT'S IMPORTANT THAT WE PRIORITIZE CITY USES WITHIN THE CITY. THANK YOU.

THANK YOU. YEAH, MY PREFERENCE IS JUST TO RUN IT BACK THROUGH THE BNZ AGAIN, WITH A DIFFERENT ZONING REQUEST. SO, ALL RIGHT. ANY FURTHER DISCUSSION? ALL RIGHT. SO WE HAVE A, THIS IS ON THE AMENDMENT, RIGHT? IT WAS, IT WAS ACCEPTED BY THE MAIN MOVER AND SECONDED.

[03:00:02]

SO THIS IS YOUR MAIN MOTION.

SO THIS IS OUR MAIN MOTION NOW.

FOR INDUSTRIAL PARKS. THAT'S HOW THAT WORKS. ALL RIGHT. SO IT IS THE MAIN MOTION NOW.

TO CHANGE IT, UH, THE ZONING TO IP, THAT'S RIGHT, ALL RIGHT. SO ALL IN FAVOR, LET IT BE KNOWN BY SAYING, I, OKAY, TWO, ALL OPPOSED, SAY, NAY, NAY, OKAY, THAT'S FOUR TO TWO. SO THAT MOTION FAILS, ALL RIGHT. COUNCIL WILL NOW TAKE UP AGENDA ITEM 6.4 TO 6.9. WITHOUT OBJECTION, WE WILL CONDUCT A CONSOLIDATED PUBLIC HEARING ON THESE ZONING CASES. MS. SAGER, IF YOU COULD, GIVE US A BRIEF SUMMARY OF THOSE ZONING CASES SUBJECT TO A PUBLIC HEARING. ITEM 6.4, ZONE CASE 1112H. THE REQUEST IS A ZONE CHANGE FROM NEIGHBORHOOD COMMERCIAL TO AUTO URBAN COMMERCIAL. WE SENT OUT 49 NOTIFICATIONS, RECEIVING NO RESPONSE. THIS PROPERTY IS LOCATED IN DISTRICT 2, NORTH OF 50TH, EAST OF AVENUE U. HERE'S AN AERIAL VIEW OF THE SUBJECT PROPERTY. THERE ARE OTHER COMMERCIAL BUSINESSES ALONG 50TH STREET, WITH RESIDENTIAL TO THE NORTH. CURRENT ZONING IS NEIGHBORHOOD COMMERCIAL. THERE IS ADDITIONAL NEIGHBORHOOD COMMERCIAL, AUTO, URBAN COMMERCIAL, AND HEAVY COMMERCIAL ALONG 50TH, WITH MEDIUM DENSITY RESIDENTIAL TO THE NORTH. FUTURE LAND USE PLAN DESIGNATES THIS PROPERTY FOR COMMERCIAL LAND USES.

HERE'S SOME PHOTOS OF THE SUBJECT PROPERTY AND SURROUNDING AREA. THE FUTURE LAND USE MAP DESIGNATION IS FOR COMMERCIAL LAND USES, WHICH IS CONSISTENT WITH THE REQUEST. THE ZONING CHANGE IS COMPATIBLE WITH THE ZONING ORDINANCE AND APPROPRIATE IN THIS LOCATION.

THE PROPERTY FRONTS 50TH STREET, WHICH IS A PRINCIPAL ARTERIAL. 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. ARE THERE ANY QUESTIONS FOR MS. SAGER? I SEE NONE. ALL RIGHT.

YES, MA'AM. DID I HEAR SOMEBODY SPEAK? DO YOU WANT ME TO CONTINUE THROUGH THE REST? YEAH. OKAY, WE'RE GOING TO TAKE THEM ALL UP AT ONCE.

YOU'RE GOING TO RUN THROUGH ALL OF THEM. THAT WOULD BE GREAT. OKAY. ITEM 6-5, ZONE CASE 1391J. THIS IS A REQUEST FOR A ZONE CHANGE FROM MEDIUM-DENSITY RESIDENTIAL TO AUTO-URBAN COMMERCIAL. WE SENT OUT 77 NOTIFICATIONS, RECEIVING ONE IN FAVOR, ZERO IN OPPOSITION. THIS PROPERTY IS LOCATED IN DISTRICT 4, SOUTH OF LOOP 289, EAST OF INDIANA AVENUE. HERE'S THE RESPONSE MAP SHOWING THE ONE IN FAVOR.

HERE'S THE SUBJECT PROPERTY.

THERE IS A COMMERCIAL BUSINESS TO THE WEST, WITH RESIDENTIAL TO THE SOUTH AND THE LOOP TO THE NORTH. CURRENT ZONING IS MEDIUM DENSITY RESIDENTIAL.

THERE IS ADDITIONAL MEDIUM DENSITY RESIDENTIAL AND LOW DENSITY RESIDENTIAL IN THE AREA, WITH HEAVY COMMERCIAL, NEIGHBORHOOD COMMERCIAL, AND AUTO URBAN COMMERCIAL AT THE INTERSECTION. FUTURE LAND USE PLAN DESIGNATES THIS PROPERTY FOR COMMERCIAL. HERE ARE SOME PHOTOS OF THE SUBJECT PROPERTY AND SURROUNDING AREA.

FUTURE LAND USE MAP DESIGNATION FOR COMMERCIAL IS CONSISTENT WITH THE REQUEST. THE ZONE CHANGE IS COMPATIBLE WITH THE ZONING ORDINANCE AND APPROPRIATE IN THIS LOCATION.

IT FRONTS SOUTH LOOP 289, WHICH IS A FREEWAY. 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.

COMMISSIONER ROSE. JUST OUT OF SHEER CURIOSITY, DO WE KNOW WHAT'S GOING THERE? NOT YET. OKAY. ZONE CASE 3546, THIS IS A ZONE CHANGE FROM LOW DENSITY SINGLE FAMILY SF2 TO AUTO URBAN COMMERCIAL.

WE SENT OUT 51 NOTIFICATIONS, RECEIVING TWO IN FAVOR. THIS PROPERTY IS LOCATED NORTH OF 130TH, FUTURE LEAF 88, WEST OF QUAKER AVENUE IN COUNCIL DISTRICT 4. HERE'S THE MAP SHOWING THE TWO RESPONSES IN FAVOR. HERE'S AN AERIAL VIEW OF THE SUBJECT PROPERTY. THERE IS RESIDENTIAL TO THE NORTHWEST, WITH SOME ADDITIONAL COMMERCIAL TO THE SOUTH, FRONTING ONTO FUTURE LEAP 88.

CURRENT ZONING IS LOW DENSITY SINGLE FAMILY SF2. THERE'S ADDITIONAL SINGLE FAMILY SF2 ZONING ALONG LEAP 88, AGAIN AS A RESULT OF ANNEXATION. AND THEN A MIX OF OFFICE, COMMERCIAL, AND OTHER RESIDENTIAL USES ALONG CLAKER AVENUE. THIS IS AN ACCESS PROPERTY FOR RESIDENTIAL LOW DENSITY LAND USES. HERE'S SOME PHOTOS OF THE SUBJECT PROPERTY AND SURROUNDING AREA.

THIS IS A SITE PLAN PROVIDED BY THE APPLICANT. SO THIS CASE AND YOUR NEXT CASE, 3547, THE TWO PROPERTIES ARE BEING DEVELOPED TOGETHER ON THIS SITE PLAN THAT IS SHOWN HERE. THE

[03:05:01]

FUTURE LAND USE DESIGN DESIGNATION IS FOR LOW DENSITY RESIDENTIAL LAND USES. SO, WHILE THE REQUEST IS NOT CONSISTENT WITH THAT DESIGNATION, IT IS APPROPRIATE IN THIS AREA, ESPECIALLY GIVEN THAT IT WILL BE DEVELOPED WITH THE PROPERTY IMMEDIATELY TO THE SOUTH, THAT WILL FRONT ONTO LOOP 88.

THE ZONE CHANGE IS COMPATIBLE WITH THE ZONING ORDINANCE AND APPROPRIATE IN THIS LOCATION.

AGAIN, IT IS ALONG QUAKER AVENUE, WHICH IS A PRINCIPAL ARTERIAL, AND IT WILL BE DEVELOPED WITH THE PROPERTY IMMEDIATELY SOUTH ALONG LOOP 88, WHICH IS A FREEWAY. STAFF HAS NO OBJECTION TO THE REQUEST AND THE PLANNING AND ZONING COMMISSION RECOMMENDED APPROVAL WITH THE UNANIMOUS VOTE. CAN I BE PLEASED TO ANSWER ANY QUESTIONS? ANY QUESTIONS? ZONE CASE 3547, AGAIN A ZONE CHANGE FROM SF2 TO AUTO URBAN COMMERCIAL. WE SENT OUT 16 NOTIFICATIONS, RECEIVING ONE IN OPPOSITION.

THIS PROPERTY IS ALSO IN DISTRICT 4 AT QUAKER AND LEAF 88. HERE IS THE RESPONSE MAP SHOWING THE ONE PROPERTY IN OPPOSITION SOUTH OF LEAF 88. AERIAL VIEW OF THE SUBJECT PROPERTY, AGAIN, IT IS IMMEDIATELY SOUTH OF THE CASE I JUST PRESENTED.

THERE IS ADDITIONAL COMMERCIAL USES ALREADY EXISTING ALONG LOOP 88. CURRENT ZONING, THERE IS AUTO, URBAN COMMERCIAL AND HEAVY COMMERCIAL ALONG 130TH, LOOP 88. FUTURE LAND USE PLAN DESIGNATION IS FOR COMMERCIAL LAND USES.

PHOTOS OF THE SUBJECT PROPERTY AND SURROUNDING AREA. THAT PLAN AGAIN, SHOWING A MULTI-USE.

FUTURE LAND USE MAP DESIGNATES THIS AREA FOR COMMERCIAL LAND USES, SO PROPOSED ZONE CHANGE IS IN CONFORMANCE WITH THE DESIGNATION. THE ZONE CHANGE IS COMPATIBLE WITH THE ZONING ORDINANCE AND APPROPRIATE IN THIS LOCATION.

SUBJECT PROPERTY IS ALONG QUAKER AVENUE AND 130TH, FUTURELY, 88, PRINCIPAL, ARTERIAL, AND FREEWAY. STAFF HAS NO OBJECTION TO THE REQUEST AND THE PLANNING AND ZONING COMMISSION RECOMMENDED APPROVAL WITH THE UNANIMOUS VOTE. AND I'LL BE PLEASED TO ANSWER ANY QUESTIONS.

PARENTS, ALL RIGHT, PROCEED.

ZIM CASE 3549. THIS IS A ZONE CHANGE FROM LOW DENSITY SINGLE FAMILY SF2 TO HEAVY COMMERCIAL. 10 NOTIFICATIONS RECEIVING ONE IN OPPOSITION. THERE IS A PROPERTY IN OPPOSITION.

AGAIN, THAT PROPERTY IS SOUTH OF LOOP 88. HERE'S THE AERIAL VIEW OF THE SUBJECT PROPERTY.

THERE'S ALREADY AN EXISTING BUSINESS ON THIS PROPERTY.

CURRENT ZONING IS LOW DENSITY SINGLE FAMILY SF2. THERE IS A PROPERTY IMMEDIATELY ADJACENT, ALREADY ZONED HEAVY COMMERCIAL WITH AUTO URBAN COMMERCIAL ALONG LOOP 88. FUTURE LAND USE PLAN DESIGNATES THIS PROPERTY FOR COMMERCIAL LAND USES.

HERE'S SOME PHOTOS OF THE SUBJECT PROPERTY AND SURROUNDING AREA. FUTURE LAND USE MAP DESIGNATION IS FOR COMMERCIAL LAND USES, WHICH THIS REQUEST IS CONSISTENT WITH. THE ZONE CHANGES IN CONFORMANCE WITH THE ZONING ORDINANCE AND APPROPRIATE IN THIS AREA ALONG FUTURE LOOP 88, WHICH IS A FREEWAY. STAFF HAS NO OBJECTION TO THE REQUEST ON THE PLANNING AND ZONING COMMISSION, RECOMMENDED APPROVAL WITH A UNANIMOUS VOTE. I NOW HAVE THE PLEASE TO ANSWER ANY QUESTIONS. ARE THERE ANY QUESTIONS? DR.

BUSSETT. MS. AGAR, THIS IS JUST A CLEANUP, RIGHT? THEY'RE JUST TRYING TO COME IN CONFORM, RIGHT? YEAH, OKAY. THAT'S WHAT IT WAS. ALL RIGHT. LAST CASE, ZONE CASE 3550. THIS IS A REQUEST FOR A ZONE CHANGE FROM LOW-DENSITY SINGLE-FAMILY SF2 AND AUTO-URBAN COMMERCIAL TO HEAVY COMMERCIAL AND OFFICE.

WE SENT OUT 73 NOTIFICATIONS, RECEIVING NO RESPONSE. THIS PROPERTY IS LOCATED IN DISTRICT 5, SOUTH OF LEAP ADA, EAST OF SLIDE. HERE'S THE AERIAL VIEW OF THE SUBJECT PROPERTY. IT IS CURRENTLY VACANT, PRETTY MUCH SURROUNDED BY VACANT LAND. THERE IS A NEIGHBORHOOD TO THE SOUTHEAST AND THEN SOME COMMERCIAL USES ON THE NORTH SIDE OF LAKE 88.

CURRENT ZONING IS AUTO, URBAN, COMMERCIAL, AND SINGLE FAMILY SF2. IT IS SURROUNDED BY OTHER SF2 AND AUTO URBAN COMMERCIAL ZONING, WITH SOME ADDITIONAL HEAVY COMMERCIAL TO THE NORTH.

FUTURE LAND USE PLAN DESIGNATES THIS PROPERTY FOR RESIDENTIAL LOW DENSITY AS WELL AS COMMERCIAL LAND USES. HERE'S SOME PHOTOS OF THE SUBJECT PROPERTY AND SURROUNDING AREA.

HERE'S A GRAPHIC PROVIDED BY THE APPLICANT. THE SPLIT? WHERE THE BULK OF THE PROPERTY IS ASKING, THEY'RE ASKING TO REZONE TO HEAVY COMMERCIAL, AND IN THE PORTION IMMEDIATELY ADJACENT TO THE RESIDENCES.

TO THE SOUTH, THEY ARE ASKING FOR OFFICE TO PROVIDE THAT BUFFER. FUTURE LAND USE MAP DESIGNATION IS FOR BOTH COMMERCIAL AND LOW DENSITY RESIDENTIAL LAND USES. SO, WHILE THE REQUEST IS NOT CONSISTENT WITH THE DESIGNATION

[03:10:01]

FOR RESIDENTIAL, IT IS APPROPRIATE IN THIS LOCATION AT THE INTERSECTION OF TWO OF A FREEWAY AND A THOROUGHFARE.

AND THE OFFICE ZONING WILL CREATE A BUFFER BETWEEN THE RESIDENTIAL AND HEAVY COMMERCIAL. THE ZONE CHANGES IN CONFORMANCE WITH THE ZONING ORDINANCE AND COMPATIBLE WITH THE SURROUNDING AREA. IT IS A LONG, SLIDE ROAD, AS WELL AS FUTURE LEAP 88.

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. ANY QUESTIONS? ALL RIGHT. THANK YOU, MR. SEGER. A LOT OF ACTIVITY IN DISTRICT 4.

MR. ROSE? ALL RIGHT, WELL, I'LL NOW OPEN THE PUBLIC HEARING ON ITEMS 6.4 TO 6.9.

AND IS THERE ANYONE HERE WISHING TO SPEAK IN FAVOR OF THESE? GOOD AFTERNOON, COUNCIL. MY NAME IS WILL STEVENS WITH AMD ENGINEERING AT 6515 68TH STREET. I'M HERE ON AGENDA ITEMS 6.5, 6.8, AND 6.9. SO I'D BE HAPPY TO ANSWER ANY SPECIFIC QUESTIONS THAT YOU MAY HAVE FOR THOSE ITEMS. ARE THERE ANY QUESTIONS? I DON'T KNOW, BRADEN, MR. ROWE HAS ASKED ABOUT ITEM 6.5. THERE ARE NO SPECIFIC PLANS RIGHT NOW.

IT'S KIND OF A, THERE'S A LOT OF FLOOD ZONE ISSUES THAT WE HAVE TO WORK THROUGH BEFORE WE CAN REALLY KNOW HOW MUCH LAND WE CAN, LIKE, TRULY DEVELOP, SO. ALL RIGHT, ANY OTHER QUESTIONS? ALL RIGHT.

THANK YOU. THANK YOU. ANYONE ELSE WISHING TO SPEAK IN FAVOR OF ANY OF THESE ZONING CASES? ANYONE HERE TODAY WISHING TO SPEAK IN OPPOSITION TO ANY OF THESE ZONING CASES? OKAY, I SEE NONE, SO I WILL CLOSE THE PUBLIC HEARING AT 4.07. IS THERE A MOTION TO APPROVE AGENDA ITEM 6.4 TO 6.9? IS THERE A SECOND? I HAVE A MOTION AND A SECOND.

ANY DISCUSSION? I SEE NONE.

ALL IN FAVOR, LET IT BE KNOWN BY SAYING, AYE. AYE. ANY OPPOSED, SAY NAY. I HEAR NONE. THAT MOTION PASSES UNANIMOUSLY 6-0.

AND THERE BEING NO OTHER ITEMS ON OUR AGENDA, THIS MEETING IS ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.