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CITY of LUBBOCK REGULAR CITY COUNCIL MEETING August 10, 2006 7:30 A

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CITY of LUBBOCK REGULAR CITY COUNCIL MEETING August 10, 2006 7:30 A CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING August 10, 2006 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 10th day of August, 2006, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:35 A.M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor David A. Miller, Mayor Pro Tem Jim Gilbreath, Council Member Gary O. Boren, Council Member Linda DeLeon, Council Member Phyllis Jones, Council Member John Leonard, Council Member Floyd Price Absent: No one 1. CITIZEN COMMENTS 1.1. Sanco Nash, Jr. and Diadria Robinson will appear to discuss building demolition by Code Administration. These citizens were not present. • Ron Riley and Elizabeth Linder addressed Council regarding a possible lake project at Yellow House Canyon. The concern is how this might affect property and the property of the residents in the area. Mayor Miller asked Mr. Riley to meet with Tom Adams, Deputy City Manager/Water Utilities Director, to try and get answers to his questions. 2. EXECUTIVE SESSION Mayor Miller stated: “City Council will hold an Executive Session today for the purpose of consulting with the City Staff with respect to pending or contemplated litigation; the purchase, exchange, lease, or value of real property; personnel matters; and competitive matters of the public power utility, as provided by Subchapter D of Chapter 551 of the Government Code, the Open Meetings Law.” 7:44 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council Conference Room All council members were present. 2.1. Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071, to discuss pending or contemplated litigation or settlement agreement, and hold a consultation with attorney (Cemetery, Police, Solid Waste, Water Utilities). Regular City Council Meeting August 10, 2006 2.2. Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072, to deliberate the purchase, exchange, lease, or value of real property (Overton, Water Utilities). 2.3. Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074 (a)(1), to discuss personnel matters (City Attorney, City Manager, City Secretary) and take appropriate action. 2.4. Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): 2.4.1 to deliberate, vote and take final action on electric rates of Lubbock Power and Light; 2.4.2 to discuss, vote and take final action on a competitive matter regarding operation, financial and capital statements and budgets, revenue and expense projections, strategic and business plans and studies of Lubbock Power and Light; 2.4.3 to discuss and deliberate a competitive matter regarding the strategies, goals, funding and strategic purpose of the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency. 9:33 A.M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor David A. Miller; Mayor Pro Tem Jim Gilbreath; Council Member Gary O. Boren; Council Member Linda DeLeon; Council Member Phyllis Jones; Council Member John Leonard; Council Member Floyd Price; Lee Ann Dumbauld, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: No one Mayor Miller reconvened the meeting at 9:33 A. M. 3. PROCLAMATIONS AND PRESENTATIONS 3.1. Invocation by Pastor Tyrone Dubose, Manhattan Heights Church of Christ 3.2. Pledge of Allegiance to the Flags. Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. 3.3. Presentation of a special recognition to Good News Friends Ministry for the mission work performed in Chiapas, Mexico. Council Member DeLeon presented special recognition to Vernon and Grace Odom with Good News Friends Ministry for the mission work performed in Chiapas, Mexico. The Odoms founded Good News Friends Ministry in 1996, Regular City Council Meeting August 10, 2006 upon the opening of the clinic in Chiapas Mexico. The Odoms helped finance and build the clinic, which was opened on September 4, 1996. 3.4. Presentation of a special recognition to Robert Garcia for his dedicated services to improving the lives of the youth. Council Member Price presented special recognition to Robert Garcia for his dedicated services to improving the lives of other youth in the community and neighborhood. Robert created the Warriors Sports Camp and Year-Around Camp to help underprivileged children learn life skills through sports and physical activity. Mr. Garcia, at the age of 16, willingly volunteered his time to work with children, free of charge, through activities such as football, wrestling, soccer, and track. These children are given new chances in life to make positive decisions and hopefully influence others to do the same. Robert’s mom joined him in receiving this special recognition. 3.5. Presentation of a special recognition to Prevent Blindness Texas, a non-profit human service agency focused on preventing blindness, on its 50th Anniversary. Mayor Miller presented special recognition to Diana Condon and Nancy Smith with Prevent Blindness Texas, who have dedicated their lives to educating children and to helping people see. The Mayor asked everyone in Council Chambers to close their eyes for about ten seconds to help them relate to what it is like being blind. This is the 50th Anniversary of Prevent Blindness Texas. Mayor Miller asked all citizens to join in recognizing these two ladies for what they do. 3.6. Board Appointment Recognitions - City Secretary. Civic Lubbock, Inc: Mark Bass (unable to attend) Zoning Board of Adjustment: Jose Valenciano (unable to attend) 4. MINUTES 4.1. Approval of Prior Meeting Minutes: Regular City Council Meeting, July 10, 2006; Emergency City Council Meeting, July 19, 2006 Motion was made by Council Member Price, seconded by Council Member Jones to approve the minutes of the Regular City Council Meeting of July 10, 2006 and the Emergency City Council Meeting of July 19, 2006 as recommended by staff. Motion carried: 7 Ayes, 0 Nays. 5. CONSENT AGENDA (Items 5.1-5.3, 5.5, 5.10-5.13, 5.15-5.16, 5.20) Motion was made by Mayor Pro Tem Gilbreath, seconded by Council Member Leonard to approve Items 5.1-5.3, 5.5, 5.10-5.13, 5.15-5.16, and 5.20 on consent agenda as recommended by staff. Motion carried: 7 Ayes, 0 Nays. Regular City Council Meeting August 10, 2006 5.1. Zone Case No. 1193-E (4202 N. I-27) Ordinance 2nd Reading - Planning: Ordinance No. 2006-O0081 Consider request of Rosa M. Olivas for a zoning change from R-1 to IHI Specific Use for a trailer sales and all unconditionally permitted IHC uses on Lots 1-4, Block 5, Edsall Addition. This parcel of land involves circumstances, beyond the applicant's control, which have created a lack of conformance with requirements for a mobile home sales and refurbishment lot. Through a series of three zone cases, the former owner failed to comply with requirements as outlined by the City Council, and each of three Specific Use Zoning Ordinances lapsed. With the last lapse, the parcel is now zoned R-1 (single family) and the current request must be approved for the new owner to continue a business. The applicant is attempting, with the help of her family, to open only a mobile home sales lot. The renovation of units, which was originally part of the zone case, does not exist in this request. The front landscape area that was previously required, but not installed until the 11th hour, has begun to mature and the grounds have been cleaned up significantly by the applicant. The staff is approaching the request without regard to the previous ownership, the former lack of compliance that occurred, and legal actions that are now complete. During the Planning Commission meeting, staff recommended that the case be amended to Interstate Commercial Specific Use, rather than Interstate Industrial, since the rehab of trailers portion of the former operation is not being requested in this case. In IHC, trailer-sales are a permitted use. The Specific Use Permit is requested to defer some of the development standards normally required in IHC (paved surfaces primarily). A paved area exists in the front of the office for customers and the trailers are on a graveled surface similar to many of the mobile home sales lots elsewhere in the City. The request is to allow the sales of trailers, both new and used. As noted, a series of zone cases previously approved as Specific Use cases have expired and the land is now zoned the R-1 as it was when annexed into the City during the 1950s. The property is platted. As noted, having a rehabilitation aspect on the property is not being requested. This request is in compliance with the Comprehensive Land Use Plan (the area is noted as IDP as the target land use) and, with the change of ownership and business plan, the request is in substantial compliance with zoning policy. The Planning Commission approved the request to the City Council with the following conditions: 1. The existing landscape that has been developed along the Interstate shall be maintained in a satisfactory manner and the current amount. 2. The current amount of graveled surface shall suffice for the required paved surface required for the sales lot. As the sales area expands, a layer of gravel at least one stone deep shall be added to the display area.
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