[1. Call to Order, Roll Call, and Establishment of Quorum.]
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ALL RIGHT. GOOD EVENING. WELCOME, EVERYONE. THE CITY COUNCIL OF THE CITY OF ANNA WILL MEET ON TUESDAY, APRIL 8TH, 2025 AT 6 P.M. IN THE ANNA MUNICIPAL COMPLEX COUNCIL CHAMBERS, LOCATED AT 120 WEST SEVENTH STREET.
TO CONSIDER THE FOLLOWING ITEMS. WELCOME TO THE CITY COUNCIL MEETING. IF YOU WISH TO SPEAK ON AN OPEN SESSION AGENDA ITEM, PLEASE FILL OUT THE SPEAKER REGISTRATION FORM AND TURN IT INTO THE CITY SECRETARY.
BEFORE WE GET STARTED I'M GOING TO GO AHEAD AND CALL THIS MEETING TO ORDER.
FOR THE RECORD, WE HAVE THE ENTIRE COUNCIL HERE, AND WE, OF COURSE, HAVE A QUORUM.
I'D LIKE TO INVITE COUNCIL MEMBER BILLS TO DO OUR INVOCATION AND THE PLEDGE, PLEASE.
PLEASE BOW YOUR HEAD. HEAVENLY FATHER, WE COME BEFORE YOU TONIGHT.
HUMBLE. WE WANT TO ASK THAT YOUR HANDS BE ON OUR CITY.
BE WITH US AS WE MAKE DECISIONS THAT WILL AFFECT THE CITY PEOPLE OUTSIDE OF THE CITY.
IN JESUS PRECIOUS NAME, AMEN. AMEN. 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.
THANK YOU. IT TAKES US TO AGENDA ITEM NUMBER THREE.
NEIGHBOR COMMENTS. DO WE HAVE ANY? WE HAVE NO CARDS, NO NEIGHBOR COMMENTS.
ANYBODY? NO. THAT'LL TAKE US TO ENGINE AGENDA ITEM NUMBER FOUR.
[4. Reports.]
REPORTS. NO ENGINES INVOLVED IN THIS. WE RECEIVE REPORTS FROM CITY STAFF OR COUNCIL ABOUT ITEMS OF COMMUNITY INTEREST.ITEMS OF COMMUNITY INTEREST INCLUDE EXPRESSIONS OF THANKS, CONGRATULATIONS, OR CONDOLENCE.
INFORMATION REGARDING HOLIDAY SCHEDULES AND HONORARY SALUTATORY.
A REMINDER ABOUT AN UPCOMING EVENT ORGANIZER SPONSORED BY THE GOVERNING BODY. INFORMATION REGARDING A SOCIAL, CEREMONIAL, OR COMMUNITY EVENT ORGANIZED OR SPONSORED BY AN ENTITY OTHER THAN THE GOVERNING BODY THAT WAS ATTENDED OR SCHEDULED TO BE ATTENDED BY A MEMBER OF THE GOVERNING BODY OR AN OFFICIAL EMPLOYEE OF THE MUNICIPALITY, AND ANNOUNCEMENTS INVOLVING AN IMMINENT THREAT TO THE PUBLIC HEALTH AND SAFETY OF THE PEOPLE IN THE MUNICIPALITY THAT HAS ARISEN AFTER POSTING THE AGENDA.
THE ONLY THING I HAVE ON HERE IS A PROCLAMATION FOR COLLIN MCKINNEY DAY.
I HAVE THAT, I GUESS I WILL READ THAT NOW. VERY ORGANIZED UP HERE.
CITY OF ANNA, TEXAS PROCLAMATION COLLIN MCKINNEY DAY, APRIL 12TH, 2025.
WHEREAS COLLIN MCKINNEY WAS BORN ON APRIL 17TH, 1766.
AND WHEREAS, HE WAS A LEGENDARY NAMESAKE OF COLLIN COUNTY AND THE COUNTY SEAT, MCKINNEY.
IT WAS PREVENTED PRESENTED WITH THE QUILL AND INKWELL USED BY ALL THE SIGNERS.
AND WHEREAS IN 1846 HE SETTLED IN ANNA, THIS BECAME HIS PERMANENT RESIDENCE.
AND WHEREAS 2025 MARKS THE 259TH BIRTHDAY OF COLLIN MCKINNEY.
THEREFORE, BY VIRTUE OF THE AUTHORITY VESTED IN ME AS MAYOR OF THE CITY OF ANNA AND ON BEHALF OF THE ANNA CITY COUNCIL AND ALL NEIGHBORS HEREOF, I DO HEREBY PROCLAIM APRIL 12TH, 2025 AS COLLIN MCKINNEY DAY.
HE IS VERY, VERY INVOLVED IN ALL OF THESE. SO.
[5. Consent Items.]
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ALL RIGHT. THAT WILL TAKE US TO AGENDA ITEM FIVE.CONSENT ITEMS. THESE ITEMS CONSIST OF NONCONTROVERSIAL OR HOUSEKEEPING ITEMS REQUIRED BY LAW.
ITEMS MAY BE CONSIDERED INDIVIDUALLY BY ANY COUNCIL MEMBER MAKING SUCH REQUEST PRIOR TO MOTION, AND VOTE ON THE CONSENT ITEMS. ANYONE HAVE ANYTHING THEY'D LIKE TO HAVE REMOVED FROM THIS? IF NOT, I'LL ENTERTAIN A MOTION. I MOVE THAT WE APPROVE ITEM FIVE A THROUGH H.
SECOND. HAVE A MOTION BY COUNCILWOMAN HERNDON, SECONDED BY COUNCILMAN BAKER.
IF YOU WOULD PLEASE CAST YOUR VOTES AT THIS TIME.
[6. Items For Individual Consideration.]
ITEM A CONDUCT A PUBLIC HEARING TO CONSIDER, DISCUSS, AND ACT ON AN ORDINANCE TO AMEND.ARTICLE 9.04 ZONING ORDINANCE REGARDING CBD SHOPS AND SMOKING RELATED SHOPS.
LAND USES. DIRECTOR OF DEVELOPMENT SERVICES STEPHANIE SCOTT SIMS. GOOD EVENING. MAYOR. COUNCIL MEMBERS. THIS THIS ORDINANCE BEFORE YOU HAD BEEN SUBMITTED BY STAFF ON REQUEST OF CITY COUNCIL. WE ARE INITIATING AN AMENDMENT TO THE ZONING ORDINANCE PERTAINING TO CBD SHOPS AND OTHER SMOKING RELATED SHOPS. THERE ARE A NUMBER OF AMENDMENTS THAT WOULD OCCUR WITH THIS REQUEST. HOWEVER, I WILL JUST BRIEFLY EXPLAIN SOME OF THE CHANGES THAT WOULD OCCUR.
SO TABLE 19, THIS IS A REVISED TABLE 19 WHICH WOULD BE IN THE ZONING ORDINANCE.
AND THIS REALLY GIVES YOU A BETTER VISUAL PICTURE OF WHAT'S BEING CHANGED.
SO CBD STORES ARE ALREADY A LAND USE WITHIN THE ZONING ORDINANCE.
WE ARE REQUESTING TO CHANGE THE WORDING OF STORE TO SHOP.
WE'VE ALSO EXPANDED THE DEFINITION OF CBD SHOPS, WHICH I WILL GET TO SOON.
THERE WOULD BE NO CHANGES REGARDING WHERE THEY'RE ALLOWED.
SO THEY AS OF RIGHT NOW, THEY'RE ALLOWED BY SPECIAL USE PERMIT WITHIN THE C1 AND C2 ZONING DISTRICTS, THAT WOULD STAY THE SAME. WE ARE ADDING A OR PROPOSING USE SPECIFIC STANDARDS, WHICH I WILL GET TO IN A MOMENT. WE'VE ALSO ADDED TWO OTHER USE TYPE, ACTUALLY THREE OTHER USE TYPES TO THIS TABLE THAT WE DON'T CURRENTLY HAVE IN THE ZONING ORDINANCE. THE FIRST ONE IS CIGAR LOUNGE.
CIGAR LOUNGES AS DEFINED IN THE NEW DEFINITION.
THAT WOULD BE IN THE ORDINANCE. CIGAR LOUNGES WOULD BE ALLOWED BY SPECIFIC USE PERMIT IN THE C1, C2, MU OR MIXED USE DISTRICT AND THE DOWNTOWN CORE.
NEIGHBORHOOD OR NOT NEIGHBORHOOD CORE DISTRICT.
THERE WOULD ALSO BE A USE SPECIFIC STANDARD WITH REGARDING CIGAR LOUNGES.
THE OTHER TWO USES THAT WE ARE ADDING ARE CIGAR AND SMOKE SHOPS.
THOSE ARE ACTUALLY TWO SEPARATE USES. HOWEVER, WE HAVE COMBINED THEM HERE IN THE USE TABLE BECAUSE THEY'RE VERY SIMILAR IN IN SCOPE AS FAR AS THEM BOTH BEING MORE RETAIL BASED.
USES SO CIGAR AND SMOKE SHOPS. SO, IT'S CIGAR SHOPS AND SMOKE SHOPS.
BUT HERE WE'VE AGAIN COMBINED THEM. SO CIGAR AND SMOKE SHOPS WOULD BE ALLOWED BY SPECIFIC USE PERMIT IN THE C1 AND C2 DISTRICTS. AND THEN WE HAVE ADDED OR WE'VE DELETED HOOKAH LOUNGE, WHICH IS A LAND USE DESIGNATION THAT WE CURRENTLY HAVE IN THE ZONING ORDINANCE.
AND THE REASON FOR THAT IS BECAUSE HOOKAH LOUNGES, THE WAY THE WAY THAT WE HAVE DEFINED SMOKE SHOPS,
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HOOKAH LOUNGES ARE INCLUDED WITHIN THAT DEFINITION.SO THERE WAS NO NEED TO HAVE A SEPARATE HOOKAH LOUNGE DEFINITION OR LAND USE TERM.
SO THESE ARE THE DEFINITIONS THAT I MENTIONED FOR THESE SPECIFIC LAND USES.
JUST SO THAT YOU COULD SEE WHAT THE DIFFERENCE IS BETWEEN THEM.
CIGAR SHOPS WOULD BE. SO IN ORDER TO BE CONSIDERED A CIGAR SHOP.
AND THIS TERM, CIGAR SHOP DOES NOT INCLUDE CIGAR LOUNGE.
SO THIS IS PURELY A RETAIL ESTABLISHMENT THAT SELLS CIGAR RELATED PRODUCTS.
IT ALLOWS SMOKING. SMOKING OF CIGARS BY CUSTOMERS ON SITE.
SO IT'S NAMED A CIGAR LOUNGE OR CIGAR BAR OR SOMETHING TO THAT EFFECT.
NUMBER TWO, IT HAS TO HAVE AT LEAST 33% OF ITS GROSS REVENUE FROM ON SITE SALES OF CIGAR PRODUCTS.
NUMBER THREE, IT HAS TO HAVE AN ON SITE WALK IN HUMIDOR.
A CBD SHOP WE AGAIN, WE HAVE EXPANDED. WE ALREADY HAVE THIS USE IN THE ORDINANCE, BUT WE'VE EXPANDED ITS DEFINITION OR CHANGED IT TO CBD SHOPS ARE THOSE THAT HAVE MORE THAN 50% OF ITS SALES DERIVED FROM THE RETAIL SALE OF CBD PRODUCTS, WHICH IS OIL OR HEMP OR ANY OTHER RELATED CBD PRODUCTS.
AND THEN A SMOKE SHOP IS ONE THAT SELLS TOBACCO, CIGARETTES, E-CIGS, VAPING PRODUCTS, HOOKAH PRODUCTS, NICOTINE ENRICHED PRODUCTS, AND ASSOCIATED PARAPHERNALIA, PRODUCTS AND DEVICES.
THEIR ON SITE AND SMOKE SHOPS DO NOT INCLUDE ONE.
THE SALE OF TOBACCO PRODUCTS AND OR SMOKING EQUIPMENT AS AN INCIDENTAL AS INCIDENTAL SALES, SUCH AS LIKE YOUR GAS STATIONS OR CONVENIENCE STORES THAT ALSO SELL THESE TYPES OF PRODUCTS, BUT THAT'S NOT THEIR MAIN PRODUCT THAT THEY SELL.
IT ALSO DOES NOT INCLUDE CIGAR SHOPS OR CIGAR LOUNGES AS I'VE, AS WE'VE DEFINED THEM.
WITHIN HERE. ONE OF THE AS I MENTIONED IN BEFORE ABOUT THE YOUTH SPECIFIC STANDARDS THAT WE'VE INCLUDED. SO STAFF IS RECOMMENDING A YOUTH SPECIFIC STANDARD FOR THESE USES.
SO ONCE THEY AN ESTABLISHMENT WANTS TO REQUEST A SPECIFIC USE PERMIT FOR ONE OF THESE USES.
THEY MUST BE LOCATED AWAY OR 1000FT AWAY WITHIN 1000FT OF ANY EXISTING. I'M SORRY. LET ME BACK UP. THEY MAY NOT BE LOCATED WITHIN 1000FT OF ANY, LIKE, ESTABLISHMENT. SO THIS THIS MAP SHOWS OUR EXISTING SMOKE RELATED STORES IN GREEN, AND WITH THAT 1000 FOOT BUFFER WOULD LOOK LIKE THIS ITEM WENT TO THE PLANNING AND ZONING COMMISSION AT ITS MEETING ON MARCH 18TH. AND THE PLANNING AND ZONING COMMISSION RECOMMENDED ANOTHER BUFFER REQUIREMENT THAT THAT IN ADDITION TO THEM NOT BEING ABLE TO LOCATE WITHIN 1000FT OF A SIMILAR SMOKE RELATED SHOP,
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THEY WOULD NOT BE ABLE TO LOCATE WITHIN 1000FT OF A SCHOOL OR CHURCH.AND SO WE ARE NOW SHOWING THAT BUFFER ON THIS MAP AS WELL, SO YOU CAN GET AN IDEA OF WHERE OUR CHURCH SITES ARE, WHERE OUR SCHOOLS ARE AT, AND WHAT THAT BUFFER WOULD LOOK LIKE.
SO ONE THING I DO WANT TO ITERATE IS THAT THE ADOPTION OF THIS ORDINANCE DOES NOT AFFECT ANY EXISTING STORES THAT WE HAVE. THOSE STORES WOULD BE GRANDFATHERED IN.
AND THIS ORDINANCE ADOPTION WOULD ONLY BE WOULD ONLY AFFECT NEW STORES THAT ARE LOOKING TO COME INTO THE CITY. I KNOW THAT THAT HAS BEEN A MAJOR CONCERN FOR SOME OF OUR EXISTING SMOKE RELATED SHOP OWNERS, AND I WANT TO JUST MAKE IT KNOWN AGAIN THAT THOSE STORES ARE NOT THEY ARE THEY WOULD NOT BE AFFECTED BY THIS ORDINANCE. AND I WOULD BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.
SO I'M LOOKING HERE ON THIS CLOUD NINE HOOKAH.
SORRY. I'M GOING TO GO AHEAD AND OPEN UP THE PUBLIC HEARING AT 6:16 P.M.
APOLOGIES, MISS HERNDON. DO WE HAVE ANY SPEAKER CARDS FOR THIS? NO. ANYONE HAVE ANYTHING THEY'D LIKE TO SAY ON THIS LAST CALL? I'M GOING TO CLOSE THE PUBLIC HEARING AT 6:16 P.M.
COUNCILWOMAN HERNDON. SORRY ABOUT THAT. I SEE THE CLOUD NINE HOOKAH VAPE SHOP DOWN HERE, AND IT'S NEAR SCHOOLS. AND WITHIN THAT, THAT ZONE. IT'S NOT GOING TO AFFECT THAT AT THIS POINT.
BUT IF THAT SHOP EVER MOVES, IT CANNOT COME BACK.
YES, THAT IS CORRECT. SO IF THAT SHOP CLOSES DOWN AND DOES NOT REOPEN UNDER A SIMILAR USE WITHIN A CERTAIN PERIOD OF TIME, WHICH IS I BELIEVE IT'S SIX MONTHS, THEY USE THE RIGHT TO USE THAT BUILDING IN THAT WAY.
AND THEY WOULD HAVE TO COME AND GET A SPECIFIC USE PERMIT.
SO IF THAT WAS A DIFFERENT OWNER, IF THAT IF THE OWNER OF CLOUD NINE DECIDES TO SELL AND ANOTHER BUYER TAKES IT AND WANTS TO MOVE INTO THAT, DO THEY HAVE TO GET A SPECIAL USE PERMIT? OR IF IT'S WITHIN THE SIX MONTHS, IT'S STILL GRANDFATHERED? IF IT'S WITHIN THE SIX MONTHS, THEY'RE STILL GRANDFATHERED IN. OKAY.
THANK YOU. I'M GLAD YOU BROUGHT THAT UP. IS THAT GOING TOO FAR, DO Y'ALL THINK.
AND DO YOU THINK IF WE DID DO THE CHANGE OF OWNERSHIP AND WE KIND OF ELIMINATE IT? SO THAT IS I WILL HAVE TO DEFER ACTUALLY TO OUR CITY ATTORNEY ON THAT QUESTION.
I'M GOING TO. FAR AS IN SOMEONE'S SMALL BUSINESS, SOMEONE'S RIGHTS OF A BUSINESS OWNER'S RIGHTS, A CITY DOING THAT IF THEY SOLD.
CAN WE INSTILL THE NEW ORDINANCES THAT WE'RE ABOUT TO PASS? CAN WE? DOES IT? INSTEAD OF BEING GRANDFATHERED IN TO THE NEW OWNER, IT THEY WOULD HAVE YOU KNOW, YOU KIND OF UNDERSTAND WHAT I'M SAYING. LIKE THE ONE THE CLOUD NINE.
IT'S TOO CLOSE. IT'S WITHIN 1000FT OF A SCHOOL.
SO IF THEY CHANGED OWNERSHIP, THEY WOULDN'T BE ABLE TO REOPEN THERE BECAUSE OF OUR NEW ORDINANCE.
THEY WOULD THOUGH. DIDN'T YOU JUST SAY, STEPHANIE, THAT THEY'D BE ABLE TO DO THAT? THEY'D BE. YES, THEY WOULD BE. THEY WOULD BE ABLE TO.
AS LONG AS THEY DO IT WITHIN A SIX MONTH PERIOD FROM THE.
WELL, MY QUESTION WAS IF OR IS IT GOING TOO FAR IF WE CHANGE IT WHERE THEY CAN'T.
OH, I SEE WHAT YOU'RE SAYING THEN I THINK, I MEAN, THIS IS A CLERK ISSUE, BUT I MEAN THAT WOULD BE STRAPPING THEIR HANDS AT THE RIGHT TO SELL THEIR BUSINESS IF THEY, IF THEY SOLD THEIR BUSINESS.
YEAH. THAT'S WHY I'M ASKING. SO I WOULD HONESTLY LIKE TO SEE.
I GOT TO SEE THE THOUSAND FEET TO THE SCHOOLS FURTHER.
SO I DON'T KNOW IF Y'ALL ARE ON BOARD FOR THAT.
MAYBE 2000. SO IT'S NOWHERE NEAR A MIDDLE SCHOOL OR HIGH SCHOOL.
BUT MY OTHER QUESTION IS DANG, I ALREADY FORGOT.
I'LL GET BACK WITH YOU. WELL, KEVIN'S THINKING ABOUT THAT.
THANK YOU FOR PRESENTING THE 90% FOR A CIGAR SHOP.
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WHERE DID THAT NUMBER COME FROM? IT SEEMS REALLY HIGH FOR THAT? YES. THAT WAS A NUMBER THAT CAME THROUGH THE CITY.THE CITY ATTORNEY WROTE THIS ORDINANCE. DO YOU HAVE ANY COMMENTS ON THAT? SO COMMONPLACE AMONGST OTHER CITIES? I THINK SO.
OKAY. IT JUST SEEMS LIKE THERE'S A DISPARITY THERE BETWEEN CBD SHOPS.
IT'S, I MEAN, THAT'S A SUBSTANTIALLY HIGH NUMBER.
IT JUST SEEMS LIKE THAT SHOULD BE AROUND THE 50% MARK AS WELL.
CAN YOU GO BACK TO THAT ONE SO I CAN AND THAT COULD BE A MATTER OF POLICY.
COUNCILMAN COUNCIL MEMBER THAT COULD, YOU KNOW, IF YOU WANT TO CAPTURE MORE ESTABLISHMENTS UNDER THAT DEFINITION THAN YOU COULD GO DOWN TO 50. BUT I THINK THE INTENT WAS TO ONLY HAVE ESTABLISHMENTS THAT REALLY FOCUS SALES JUST ON TOBACCO PRODUCTS. CAPTURED UNDER THAT DEFINITION.
NOW, OTHER PARTS OF THE ORDINANCE, YOU KNOW. MAY FALL INTO BUT IN TERMS OF CIGAR SHOP DEFINITIONS, THAT'S AGAIN, IT'S GOING TO BE A MATTER OF POLICY ON BEHALF OF THE COUNCIL.
THERE'S NOT A LEGAL BASIS FOR THOSE PERCENTAGES.
I DON'T KNOW THAT THE PERCENTAGE WOULD ACTUALLY COME INTO PLAY BECAUSE, I MEAN, WE'RE NOT TALKING ABOUT LIKE GROCERY STORES THAT SELL, YOU KNOW, TENS OF THOUSANDS OF DOLLARS OF GROCERIES COMPARED TO HAVING A LITTLE CIGAR HUMIDOR THAT SELLS A FEW CIGARS.
SO ONCE YOU GET TO 50% OR 90%, I THINK ESTABLISHMENTS THAT WOULD FALL.
I DON'T THINK THERE'S GOING TO BE A DIFFERENCE BETWEEN A 50% AND 90%.
IF YOU'RE SELLING 50% 2%. CIGARS 90%. IT'S A CIGAR SHOP.
AND IT SEEMS LIKE IT SHOULD BE VERY SIMILAR. IT'S NOT.
IT'S JUST SOME FUNNY MATH THERE. IF IT WERE ME DOING THIS.
I MEAN, YOU HAVE TYPICALLY PEOPLE THAT SPECIALIZE IN CIGAR SHOPS OR HUMIDORS, THAT SORT OF STUFF.
THEY IN THIS PART OF THE WORLD ALSO SERVE ALCOHOL OR, EXCUSE ME, SELL ALCOHOL.
AND SO THERE'S THAT WOULD BE A LOUNGE. EXCUSE ME.
NOT SERVED SELL. YEAH, BUT THAT WOULD STILL BE A LOUNGE.
RIGHT. LOUNGES WHERE YOU'RE PARTAKING. CORRECT.
BUT YOU STILL SELL TO THERE. I'M NOT TALKING ABOUT THE ON SITE SALE.
SO YEAH, SOME SPECIFICALLY FOCUSED ON THE CIGAR SHOP.
I FINALLY REMEMBERED, AND I'M SORRY, MY BRAIN IS STILL ON VACATION.
C-STORES. BECAUSE I KNOW WE HAVE THREE OF THEM THAT SELL CBD PRODUCTS.
IS THERE ANYTHING WE CAN DO TO LIMIT THOSE? BECAUSE SOME OF THEM SELL A LOT OF THAT, AND I JUST WANT TO MAKE SURE THEY'RE NOT IT'S NOT GETTING TO MINORS. AND IT'S VERY EASY TO GET THE MINORS.
AND THAT'S THE GOAL OF THIS ORDINANCE CHANGE.
SO IS THERE CAN WE LIMIT THOSE OR IS IT THE AMOUNT OF SALES.
CAN WE? DO YOU SEE WHERE I'M GOING WITH THIS? I DO SEE WHERE YOU'RE GOING WITH THIS. THAT IS SOMETHING THAT WE WOULD HAVE TO LOOK FURTHER INTO AND BETTER UNDERSTAND THE LAWS, ANY LAWS THAT MIGHT BE RELATED TO C-STORES. I DON'T KNOW, QUITE HONESTLY.
WHETHER WE CAN OR HOW TO BEST LIMIT THAT. OKAY.
BUT IT'S SOMETHING THAT WE CAN LOOK INTO. ALL RIGHT.
BACK TO THE LOUNGE. QUESTION THAT COUNCILMAN CARVER WAS KIND OF HINTING ON.
THERE'S NOTHING ON HERE. IT SAYS MAY SELL FOOD OR BEVERAGES FOR ON SITE CONSUMPTION, BUT HAS ANYONE THOUGHT ABOUT THE CIGAR LOUNGES HAVING A LIQUOR LICENSE, SELLING ALCOHOL AT ALL? AND WHERE'S THE LIMIT FOR THAT IF THERE'S GOING TO BE ONE? SO ALCOHOL IS A COUNCILMAN. COUNCIL MEMBER HERNDON.
HERNDON. GOSH. SORRY. ALCOHOL IS A TOTAL DIFFERENT ANIMAL THAT'S REGULATED BY THE
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STATE. AND I AM NOT ABLE TO COMMENT REALLY ON THAT.SO, ESTABLISHMENTS THAT SELL ALCOHOL HAVE TO THEY HAVE AN ENTIRELY DIFFERENT APPROVAL PROCESS THAT THEY HAVE TO GO THROUGH. WE HAVE PRIVATE CLUBS BARS.
AND THAT'S ALL DICTATED BY THE STATE. AND BASED ON THE AMOUNT OF SALES THAT THEY DO.
SO. NOW, I FORGOT WHAT YOUR QUESTION WAS. I CAN ONLY JUST THAT WOULD PROBABLY THEY WOULD HAVE TO HAVE A BAR IN THEIR NAME BECAUSE 51% OF YOUR SALES HAS TO DO SO. IT WOULD HAVE TO BE LIKE A CIGAR BAR AND LOUNGE.
SO THAT WOULD BE A WHOLE NOTHER. I THINK THEY THE STATE HAS THAT UNDER CONTROL FOR SURE.
BUT THE STATE HAS GUIDELINES ON WHAT THEY CAN AND CANNOT DO.
THANK YOU. CAN WE WILL YOU GO BACK TO THE ONE THAT SHOWS ALL THE DIFFERENT PLACES? SO ON THE CLOUD NINE HOOKAH AND VAPE SHOP.
SO THERE WON'T BE A GRANDFATHERED IN CLOUD NINE HOOKAH VAPE SHOP BECAUSE THERE WON'T BE A BUILDING.
AND THAT'S JUST MY CRYSTAL BALL. IT MAY NOT BE THE RIGHT CRYSTAL BALL. RIGHT.
IS THERE A WAY THAT WE CAN SAY IN THE DOWNTOWN CORRIDOR THAT WE'VE DETERMINED THAT THERE'S THE DOWNTOWN CORRIDOR, THAT THERE CAN BE NO MORE VAPE HOOKAH SHOPS, CBD, WHATEVER THEY ARE SHOPS. COULD WE DO THAT? BECAUSE THEN WHEN THAT GOES AWAY, THERE WON'T BE ANOTHER ONE IN THE IN THE DOWNTOWN AREA, RIGHT? BECAUSE WE'RE WANTING LIKE MORE OF, LIKE A HIGH END DOWNTOWN AREA.
RIGHT. CAN WE DO THAT LEGALLY? YEAH, THAT CAN BE EXCLUDED AS A USE IN THAT AREA.
CORRECT. OKAY. DO WE NEED TO ADD THAT TO OUR MOTION.
IT HAS TO BE BY AN SUP ANYWAY. SO REGARDLESS, IF IT GOES AWAY ANOTHER BUSINESS WANTS TO COME IN.
THEY WOULD HAVE TO GET AN SUP REGARDLESS. RIGHT.
BUT IF THEY IF YOU LOOK AT THE DOWNTOWN CORRIDOR.
OKAY, I SEE WHAT YOU'RE SAYING. THEY WOULDN'T BE ABLE TO BECAUSE OF THE CHURCHES AND EVERYTHING. THE ONLY THING THAT I WOULD SEE IN THE FUTURE THAT COULD HURT, THAT IS, RIGHT NOW IF THOSE CHURCHES MOVE. RIGHT. SO IF THE CHURCH WANTS TO MOVE OUT OF THE DOWNTOWN CORRIDOR BECAUSE THEIR LAND IS WORTH EXPONENTIALLY WHAT THEY PAID FOR IT AND THEY WANT TO MOVE THEIR CHURCH, THEN THERE WOULDN'T BE A CHURCH THERE ANYMORE IN THE DOWNTOWN CORRIDOR.
AND THEN THEY COULD BUILD ANOTHER HOOKAH SHOP. ONLY IF THEY GOT EXPOSED IT WOULD STILL BE REQUIRED.
YEAH, BUT THEY COULD. BUT I'M SAYING THEY COULD GET IT. THEY WOULDN'T BE. THEY WOULDN'T NOT BE APPROVED BECAUSE WE'RE ONLY TALKING ABOUT CORRECT ME IF I'M WRONG. WE'RE ONLY TALKING ABOUT ENACTING. YOU CAN'T BE WITHIN A THOUSAND MILES OF A CHURCH OR 1000FT.
YOU CAN'T BE WITHIN 1000FT OF A SCHOOL. RIGHT.
THAT'S ALL WE'RE TALKING ABOUT ENACTING RIGHT NOW.
AND THEN CLOUD NINE HOOKAH LITERALLY OPENS UP RIGHT WHERE THE CHURCH WAS IN A STRIP CENTER, RIGHT? BUT THEY WOULD NOT BE ABLE TO DO THAT UNLESS THE COUNCIL GRANTED A SPECIFIC USE PERMIT.
OKAY. OKAY. YEAH. UNDERSTOOD. YEAH. SO THINK OF IT.
THERE'S DOUBLE PROTECTION HERE. GOT IT. THERE'S THE BUFFER.
AND THEN THERE'S COMING BEFORE THIS BODY FOR A PERMIT.
LOVE IT. OKAY. I LIKE WHERE YOU'RE GOING WITH THAT.
COUNCILMAN BILLS. WE PUT IN THERE THAT IT'S JUST PROHIBITED IN OUR DOWNTOWN DISTRICT.
THAT COULD BE AS A SEPARATE ISSUE, THOUGH, WHEN WE DEFINE THE DOWNTOWN DISTRICT, IF IT GOES AWAY, THE NEXT BUSINESS THAT WANTS TO COME IN, THEY'D HAVE TO GET THE SUP.
AND THEN WE HAVE THE CONTROL OF THAT. BUT I THINK WHAT HE'S SAYING IS IF YOU PUT IT AS EXCLUDED FROM THE DOWNTOWN DISTRICT, THEN YOU'RE NOT GOING TO WASTE THEIR TIME WITH THAT SUP. YOU'RE NOT GOING TO WASTE OUR TIME WITH THAT. THAT'S TRUE. BUT WASTE THEIR TIME IN THIS ORDINANCE FOR THE 9.04. THAT'S
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NOT PART OF THIS. IT WOULD BE IN WHATEVER THE DOWNTOWN DISTRICT, WHATEVER SECTION THAT IS.SO, WE'D HAVE TO WE'D HAVE TO ADDRESS THAT ON A SEPARATE ISSUE.
IT'D BE SEPARATE. ABSOLUTELY. SO AS FAR AS THIS ISSUE GOES, I THINK IT'S PRETTY CLEAR. MOTION.
MAYOR I'LL MAKE A MOTION THAT WE APPROVE. ITEM SIX A WITH THE AMENDMENT OF DOUBLING TO 2000FT OF SCHOOLS. CHURCHES AND CHURCHES.
I'LL SECOND THAT. OKAY. WE HAVE A MOTION BY COUNCILMAN TOTEN, SECONDED BY COUNCILMAN CARVER.
IF YOU WOULD PLEASE CAST YOUR VOTES ON ITEM 6.A.
OKAY. YEAH. OKAY. THERE YOU GO.
YES. SPACE. SPACE. THAT'S A LOT OF BOOKS TO KILL.
THAT 6.BMOTION PASSES 5 TO 2 WITH NOS FROM COUNCILMAN MILLER.
COUNCILMAN BAKER. THANK YOU, MISS SCOTT SIMMS. THANK YOU. THANK YOU. ALL RIGHT. TAKES US TO ITEM CONSIDER, DISCUSS AND ACT ON A RESOLUTION FOR THE PURCHASE OF 5.38 ACRES FROM TEJAS LAND HOLDINGS FOR $1,425,000.
CITY MANAGER RYAN HENDERSON. THANK YOU, MAYOR, MAYOR AND COUNCIL.
THIS PROPERTY IS LOCATED JUST WEST OF OUR CURRENT PUBLIC WORKS BUILDING.
AS YOU KNOW LAST YEAR, LATE LAST YEAR, THE CITY COUNCIL ADOPTED A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF UP TO $25 MILLION OF COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, 10 MILLION OF THAT WAS MARKED FOR THE ACQUISITION OF LAND FOR A FUTURE POLICE STATION AND PUBLIC WORKS SERVICE CENTER.
THIS LAND HAS BEEN ON OUR ON OUR RADAR FOR A NUMBER OF YEARS, AS WE'VE TALKED ABOUT EXPANSION OF OF OF FACILITY, ESPECIALLY OUR PUBLIC WORKS FACILITY. AND THE OPPORTUNITY CAME UP WITH THE WITH THE SALE OF THE OF THE, OF THE CO BONDS TO GO AHEAD AND USE SOME OF THAT MONEY FOR THIS.
AND AND THIS GIVES, YOU KNOW, WITH, WITH THIS WITH THIS PURCHASE, WE WOULD STILL HAVE REMAINDER MONEY LEFT OVER FOR THE ACQUISITION OF A POLICE STATION, WHICH WE BELIEVE WE'RE ZEROING IN ON AND WOULD COME UNDER THE $10 MILLION THAT THAT WAS ALLOCATED.
SO AGAIN, THIS IS JUST BITING OFF ONE HALF OF THAT.
AND IT'S MY RECOMMENDATION THAT COUNCIL APPROVES THIS ITEM.
COUNCIL. ANY QUESTIONS OR COMMENTS? MAKE A MOTION TO APPROVE.
I'LL SECOND. WE HAVE A MOTION BY COUNCILMAN MILLER, SECONDED BY COUNCILWOMAN HERNDON.
IF YOU WOULD PLEASE CAST YOUR VOTES ON ITEM B.
COUNCILWOMAN HERNDON, WE HAD A BOARD MEMBER DROP OUT, AND THE COMMITTEE HAS DECIDED TO NOMINATE MATTHEW WALKER AS HE PASSED ALL HIS BACKGROUND CHECKS FOR THE BOARD OF ADJUSTMENT.
ANY QUESTIONS OR COMMENTS? IS HE PRESENT? NO.
OKAY. MAKE A MOTION TO APPROVE. SECOND. WE HAVE A MOTION BY COUNCILMAN CARVER. SECOND BY COUNCILMAN TOTEN. IF YOU WOULD PLEASE CAST YOUR VOTES.
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INCLUSION COMMISSION. SAME THING HERE. THE SAME PERSON HAS RESIGNED THEIR POSITION, AND THE INTERVIEW COMMITTEE HAS LANDED ON MATTHEW WALKER TO REPLACE THEM THERE AS WELL.I MOVE TO APPROVE. HAS HE BEEN. HE KNOWS OF THE COMMITMENT? YES. OKAY. HE DOES. I'LL SECOND. WE HAVE A MOTION BY COUNCILWOMAN HERNDON, SECONDED BY COUNCILMAN TOTEN. PLEASE CAST YOUR VOTES.
AND I HAVE RECEIVED THOSE APPOINTMENTS. THEY ARE APPOINTING JESSICA WALDEN, BRUCE NORWOOD, THERESA KING BELL, GRETCHEN STEWART, SUSAN JONES, KATE SWAFFORD, JOYA MORRISON, RANDY SACHS, LYNN BRIAN JUSTIN ANESTA AND TWO ALTERNATES, NATHAN WILBUR AND ANDY TORRES.
COUNCIL. ANY QUESTIONS? COMMENTS? CONCERNS. THAT'S TEN.
AND WE DISCUSSED 11. I KNOW WE HAVE TEN BECAUSE SOMEONE DROPPED OUT DUE TO HEALTH REASONS.
CAN WE GO AHEAD AND APPOINT ONE OF OUR ALTERNATES TO MAKE IT 11? IF YOU HAVE A RECOMMENDATION, I WOULD LIKE ANDY TORRES WOULD BE MY RECOMMENDATION.
ALL RIGHT. EVERYBODY OKAY WITH THAT? YES, YES.
OKAY. THAT'S OUR 11. THEN I MOVE TO APPROVE. THANK YOU.
SECOND. WE HAVE A MOTION BY COUNCILWOMAN HERNDON, SECONDED BY COUNCILMAN TOTEN.
IF YOU WOULD PLEASE CAST YOUR VOTES.
BEFORE I CAST MY VOTE TO REPLACE HIM AS THE ALTERNATE.
CAN WE WAIT? THERE IT IS. SINCE WE HAD TO REPLACE AN ALTERNATE OR USE AN ALTERNATE, CAN WE REPLACE THAT? ALTERNATE WITH SOMEONE? DO WE NEED TO MAKE THAT PART OF THE MOTION, OR CAN WE JUST DO IT AFTERWARDS? WE'LL MAKE THAT PART OF THE MOTION. I APOLOGIZE, I JUST CLICKED LIKE WE SHOULD.
AND SOMEONE, HE'S IN THE CROWD SO WE CAN ASK HIM RIGHT NOW.
SET UP THAT WAY IF SOMETHING HAPPENS. YEAH, WE CAN JUST MOVE FAST.
SO CAN WE REDO THAT? AND I JUST REDO MY MOTION.
I TOTALLY OR KELLY WOULD HAVE TO WITHDRAW HER MOTION.
I WITHDRAW MY MOTION. I JUST WANT TO MAKE SURE WE COVER EVERYTHING RIGHT.
AND IT'S GOOD TO HAVE TWO ALTERNATES INSTEAD OF JUST THE ONE.
ROBBIE, CAN YOU HEAR ME? WOULD YOU LIKE TO BE AN ALTERNATE TO OUR COMMISSION BOARD? YES, YES, IT'S JUST AN ALTERNATE. WE'RE REDOING OUR CHARTER REVIEW BOARD AND WE CHOSE 11.
AND WE NEED ANOTHER ALTERNATE IN CASE SOMEONE DROPS OUT.
AND I WOULD LIKE TO NOMINATE YOU IF YOU WOULD LIKE TO JUST HAVE YOUR NAME ON THE ON THE BOARD.
IF YOU CAN'T, YOU KNOW, WE DON'T KNOW IF YOU'RE GOING TO NEED YOU, BUT WE MAY NEED YOU KIND OF THING AND CAN THIS LAND TELL EVERYBODY WHAT THE COMMITMENT IS FOR THE. I WAS ABOUT TO ASK THAT MYSELF. ABSOLUTELY.
THE CHARTER COMMISSION WILL BE MEETING SIX WEEKS.
IT WILL START IN MAY AND JUNE, AND THEY ARE CHARGED WITH INQUIRING INTO THE OPERATION OF CITY GOVERNMENT UNDER THE CHARTER AND DETERMINE WHETHER ANY PROVISIONS OF THE CHARTER REQUIRE REVISION.
PROPOSE ANY RECOMMENDATION IS DESIRABLE TO ENSURE COMPLIANCE WITH THE CHARTER OF THE GOVERNMENT, AND REPORT ITS FINDINGS AND PRESENT ITS RECOMMENDATIONS TO THE CITY COUNCIL.
AND CARRIE, CAN YOU EXPLAIN, SINCE ROBBIE'S FIXIN TO COMMIT TO SOMETHING HOW A ALTERNATE WOULD BE USED IF NEEDED? IT IS RECOMMENDED THAT THE ALTERNATE ATTEND THE MEETINGS.
AND SHOULD ONE OF THE COMMISSIONERS BE OUT, THEN THEY CAN IMMEDIATELY STEP IN, BECAUSE WITH EACH MEETING, WE'LL BE COVERING SEPARATE ARTICLES. OKAY. AND THAT WAY THEY ARE CAUGHT UP.
I WOULD SAY BOTH, BUT CAN YOU GIVE HIM THE DATES OF THOSE MEETINGS? HE JUST DID. IT'S MAY 14TH. IT'S EACH WEDNESDAY AT 6:00 UNTIL I DON'T.
I'M SORRY, I DON'T HAVE THE NEXT SIX WEEKS. YEAH.
[00:40:02]
SIX CONSECUTIVE WEEKS ON A WEDNESDAY NIGHT AT 6:00.DOES ANYBODY ELSE IN HERE FEEL EXTREMELY AWKWARD FOR ROBBIE RIGHT NOW? LIKE JUST THE IMMENSE PRESSURE THAT IS GEARED TOWARDS YOU RIGHT NOW? WE NEED ANOTHER. WE NEED ANOTHER. NO PRESSURE.
YEAH. NO. YEAH. AND HE SHOWS UP. SO I THINK HE'LL BE A GREAT ALTERNATE.
SO I'LL MAKE THE MOTION, IF YOU DON'T MIND. SO I CAN ADD HIM.
OR YOU CAN IF YOU JUST, IF YOU DON'T MIND ADDING HIM TO THE ALTERNATE, I'LL MOVE TO APPROVE WITH THE ADDITION OF ROBBIE, CELLS AS AN ALTERNATE GAVE US A THUMBS UP. HE WAS GOING TO DO IT IF HE'S.
IF HE'S. THANK YOU ROBBIE. IF HE'S WILLING HAVE A DICTATORSHIP.
WE JUST VOLUNTOLD YOU AND I SECOND IT. ALL RIGHT.
WE EVENTUALLY WE HAVE A MOTION AND A SECOND. THANK YOU.
SORRY. IF YOU GUYS WOULD PLEASE CAST YOUR VOTES, WE NEED TO DO IT MANUALLY.
CAN WE GO BACK TO THAT? OKAY. THANK YOU. SORRY, GUYS.
I JUST WANT TO MAKE A REACTION. THAT'S A GOOD IDEA.
VOLUNTOLD. ALL RIGHT, THAT MOTION PASSES UNANIMOUSLY AS WELL.
[7. Closed Session (Exceptions).]
THE CITY COUNCIL MAY ENTER INTO CLOSED SESSION TO DISCUSS ANY ITEMS LISTED OR REFERENCED ON THIS AGENDA UNDER THE FOLLOWING EXCEPTIONS.TEXAS GOVERNMENT CODE 551.071. TEXAS GOVERNMENT CODE 551.072.
TEXAS GOVERNMENT CODE 551.087. AND TEXAS GOVERNMENT CODE 551.074.
DO I HAVE A MOTION TO ENTER INTO CLOSED SESSION? MAKE A MOTION. WE ENTER INTO CLOSED SESSION. I'LL SECOND.
MOTION BY COUNCILMAN TOTEN, SECONDED BY COUNCILWOMAN HERNDON.
THAT PASSES UNANIMOUSLY. WE ARE IN CLOSED SESSION ALSO.
OKAY. ALL RIGHT. WE ARE OUT OF CLOSED SESSION AT 7:53 P.M.
AND SEEING NO OBJECTION, WE'RE ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.