HomeMy WebLinkAboutMinutes - City Council - Special - 4/18/2006CITY OF LUBBOCK
SPECIAL CITY COUNCIL MEETING
April 18, 2006
9:30 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 18th
day of April, 2006, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 9:30 A. M.
9:33 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Mayor Pro Tem Tom Martin, Council
Member Gary O. Boren, Council Member Linda DeLeon, Council
Member Jim Gilbreath, Council Member Phyllis Jones, Council
Member Floyd Price
Mayor Pro Tem Martin arrived at 9:40 A.M.
Absent: No one
Invocation was given by Council Member Price.
Pledge of Allegiance was given in unison by those in the City Council Chambers
to both the United States flag and the Texas flag.
1. EXECUTIVE SESSION was considered following Item 3.2.
2. PROCLAMATIONS AND PRESENTATIONS
2.1 Presentation to Visit Lubbock (the Lubbock Visitors and Convention
Bureau) for winning the State of Texas Tourism Photograph Contest.
Mayor McDougal made a presentation to Visit Lubbock (Lubbock Visitors
and Convention Bureau) for winning the State of Texas Tourism Photograph
Contest. Visit Lubbock, the Convention and Visitors Bureau, recognizes the
importance of our picturesque West Texas horizon, which is illuminated by
our colorful sunrises, sunsets, and are known throughout the world for their
beauty and wonder. Visit Lubbock's leadership, coupled with the creative
talents of photographer Artie Limmer and The Thomas Agency, produced a
beautiful advertisement which showcases our vast skyline and has already
appeared in Texas Monthly, Continental Airlines and People Magazines, as
well as the current cover of the Lubbock Visitors Guide. Brian Thomas,
Marci Jarrett, Belynda Godfrey, Brice Chapman, and Gary Lawrence were
present. Marcie Jarrett gave comments.
3. REGULAR AGENDA
3.1 Public Hearing - 9:30 a.m. - Annexation: Hold a public hearing to
consider an annexation located in the vicinity of Erskine Avenue and
North Milwaukee Avenue 2,514 feet north/south and 1,171 feet east/west
(west of the area recently annexed for the senior living community) and
known as the Shadow Hills Estates annexation.
Mayor McDougal opened the public hearing at 9:41 a. in. Ron Betenbough
appeared on behalf of the annexation. No one appeared in opposition. Mayor
McDougal closed the hearing at 9:42 a. in.
The owner of a parcel north of Erskine and west of North Milwaukee has a
plat (Shadow Hills Estates) already approved in anticipation of annexation. To
comply with annexation policy of the Comprehensive Land Use Plan, staff is
asking Council to expand the area considered for annexation to include the
unoccupied southwest corner (1,171 feet by 660 feet from the section lines)
beyond the current 150 foot dimension that currently exists west of
Milwaukee and north of Erskine and a short stretch of North Milwaukee to
what will be the east right-of-way line (this request is a little longer north and
south than the senior living center annexation to the east).
Special City Council Meeting
April 18, 2006
Page 396
The requested area and the staff -initiated additional requested area meets the
test of an exemption under State annexation law that would normally require
Lubbock to have a "rolling annexation plan". The exemption is one that
allows land areas that have fewer than 100 lots with 100 homes to be annexed.
All the land is vacant at the present time. Staff is of the opinion that this
portion of the community will become populated and the City should have the
full ten acre commercial policy area of each of the four corners, as well as the
right-of-way, within the City limits.
A color drawing was provided that outlines the area requested by Mr.
Betenbough as well as the area requested for inclusion by the staff.
FISCAL IMPACT
No fiscal impact is anticipated.
Planning Department staff plans to recommend annexation of the entire area.
This item involves City Council holding the first of two public hearings. The
second public hearing will be held on April 26 and the proposed first reading
date for the ordinance is May 25, 2006.
Randy Henson, Senior Planner, gave comments and answered questions from
Council.
3.2 Public Hearing - 9:30 a.m. - Annexation: Hold a public hearing to
consider an annexation located in the vicinity of 98th and Avenue P and
known as the Stonebridge Community annexation.
Mayor McDougal opened the public hearing at 9:43 a. m. Ron Betenbough
appeared on behalf of the annexation. Karen Wallace, Dale Ramsey, William
Bruce Wallace, Dennis Bruster, Melissa Lindelow, and William Crockett
appeared in opposition. Mayor McDougal closed the hearing at 10:00 a. m.
The owner of a parcel of land south of Avenue 98th at 100th Street and west
of Avenue P has a plat (Stonebridge Community) already approved in
anticipation of annexation. To comply with annexation policy of the
Comprehensive Land Use Plan, staff is asking Council to expand the area
considered for annexation to include the unoccupied southeast corner (660
feet by 660 feet from the section line) and the northeast corner to be increased
up to the 660 foot east dimension (from the current 150 foot) and north to an
existing road (715 feet) to create a natural division line. The requested area
and the staff -initiated additional requested area meet the test of an exemption
under State annexation law that would normally require Lubbock to have a
"rolling annexation plan". The exemption is one that includes land areas that
have fewer than 100 lots with 100 homes to be annexed with no formal plan.
All the land is vacant at the present time except the businesses that are in the
extended northeast corner, who will remain nonconforming. Staff is of the
opinion that this portion of the community will become populated and the City
should have the full ten acre commercial policy area of each of the four
corners, as well as the right of way, within the City limits.
A color drawing was provided that outlines the area requested by Mr.
Betenbough as well as the area requested for inclusion by the staff.
FISCAL IMPACT
No fiscal impact is anticipated.
Planning Department staff plans to recommend annexation of the entire area.
This item involves City Council holding the first of two public hearings. The
second public hearing will be held on April 26 and the proposed first reading
date for the ordinance is May 25, 2006.
Randy Henson, Senior Planner, gave comments and answered questions from
Council.
Special City Council Meeting
April 18, 2006
Page 397
1. EXECUTIVE SESSION
Mayor McDougal 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 as provided by Subchapter D of Chapter 551 of the
Government Code, the Open Meetings Law."
10:15 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council Conference Room
All council members were present.
1.1 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 (Solid
Waste).
11:05 A. M. CITY COUNCIL SPECIAL MEETING RECONVENED
City Council Chambers
Present: Mayor Pro Tem Tom Martin; Council Member Gary O. Boren;
Council Member Linda DeLeon; Council Member Jim Gilbreath; and
Rebecca Garza, City Secretary
Absent: Mayor Marc McDougal; Council Members Jones and Price
Mayor Pro Tem Martin reconvened the meeting at 11:05 A. M.
At this time, Mayor Pro Tem Martin stated that the Special City Council
meeting would be continued until 7:00 a.m. on April 19, 2006.
April 19.2006
7:01 A. M. CITY COUNCIL SPECIAL MEETING RECONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal; Council Member Linda DeLeon; Council
Member Jim Gilbreath; Council Member Phyllis Jones; Council
Member Floyd Price; Richard Casner, First Assistant City Attorney;
and Rebecca Garza, City Secretary
Absent: Mayor Pro Tem Tom Martin; Council Member Boren; Lee Ann
Dumbauld, City Manager; and Anita Burgess, City Attorney
Mayor McDougal reconvened the meeting at 7:01 A. M.
1. EXECUTIVE SESSION
Mayor McDougal 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 as provided by Subchapter D of Chapter 551 of the
Government Code, the Open Meetings Law."
7:02 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council Conference Room
All council members were present.
1.1 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 (Solid
Waste).
7:45 A. M. CITY COUNCIL SPECIAL MEETING RECONVENED
City Council Chambers
Present: Mayor Marc McDougal; Mayor Pro Tem Tom Martin; Council
Member Gary O. Boren; Council Member Linda DeLeon; Council
Member Jim Gilbreath; Council Member Phyllis Jones; Council
Member Floyd Price; Lee Ann Dumbauld, City Manager; Anita
Burgess, City Attorney; and Rebecca Garza, City Secretary
Absent: No one
Mayor McDougal reconvened the meeting at 7:45 A. INI.
397
Special City Council Meeting
April 18, 2006
Page 398
3. REGULAR AGENDA
3.3 Compromise Settlement Agreement Resolution - City Attorney:
Consider a resolution authorizing the Mayor to sign a Compromise
Settlement Agreement and release of all claims between the City of
Lubbock and Terry Ellerbrook.
Mayor McDougal called for a motion on this item. This item failed due to
lack of motion.
7:47 A. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor McDougal
adjourned the meeting. —
Read and approved this 26th day of January, 2007.
/S/ MARC MCDOUGAL
MARC MCDOUGAL, MAYOR
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary