Council meeting 2025-05-19
Agenda · Packet · Minutes · YouTube · 44:14 long
0:00open
0:05um open the meeting. We always open the
0:08meeting with a uh invocation and a
0:09pledge. Uh all stand
0:11please. Uh Chris, please.
0:18Our father who art in heaven, we're
0:20gathered here today asking you to bless
0:23and reside over us, each and every one
0:25of us. you. Thank you for allowing us to
0:28have traveling grace and uh the mercy
0:31that you have bestowed upon us today. We
0:34ask you to uh be with us and our coming
0:37and going. Um be with this council. Help
0:40us help us and guide us in our decision
0:42making tonight. Thank you. Amen.
0:49I pledge allegiance to the flag of the
0:52United States of America and to the
0:54republic for which it stands, one nation
0:58under God, indivisible, with liberty and
1:01justice for all.
1:05[Music]
1:08I'd like to thank everybody for coming
1:10tonight. Uh
1:13u moving into uh comments from the
1:17audience or council. No comments
1:20council. Comment from the council. Um I
1:24again want to extend an invitation to
1:27the community roundt.
1:29um that will be held for precinct 3 on
1:32May uh Tuesday, May 27th at 5:30 p.m. Uh
1:37location will be at the Crockett ISD
1:39administration auditorium on 1400 West
1:43Austin Street and it will be in the the
1:45rear part. So, please come out uh and uh
1:50express um your concerns or assist us
1:53with helping uh you uh fix issues that
1:58um that are becoming uh to this city.
2:02So, that's my invitation.
2:06Thank you.
2:09Okay. Moving on to item number one,
2:11special sessions May 9th, 2025.
2:20Uh okay. Uh before the approval of the
2:22minutes, you got
2:24question for approval of the minutes. Um
2:28the um on the um last minutes, I believe
2:32I had a conversation with uh Mr.
2:35[name] and had addressed some concerns
2:37about uh the canvasing um um not the
2:42process. Um I just had some concerns of
2:46of of an issue that had uh came about
2:49and I brought it to the attention of uh
2:51Mr. [name] also uh Miss Cynthia alone. So
2:55now I'm bringing attention to the the
2:57council so you'll be aware but um I did
3:00ask Miss Cynthia alone to submit a
3:02response to my concern and uh I did go
3:06and I spoke with her and she stated that
3:09she sent the response to um Miss [name]
3:13and uh so I was uh assuming that it
3:17would have been um documented or or
3:20documented in with the canvas scene cuz
3:23she did state that she would u submit
3:26the response. So with that being said,
3:29will that response be submitted or I'm
3:33asking can you remind us what the
3:34response was? I mean what you what the
3:37concern was. Okay. The concern was we
3:39had an issue um with a one of the
3:41machines um with the uh um the ballot.
3:47Yeah. With with the ballot with one of
3:49the machines. Um uh one it was reported
3:52to me that one of the voters had went in
3:55to vote and when they went in to vote
3:57they did not get and they lived inside
3:59they resided inside the city limits and
4:02they did not get the mayor mayor or
4:06candidate uh on their ballot. also
4:11um uh instead of getting that they
4:14received the schools districts and they
4:17were not supposed to be voting for uh
4:20anyone in the school district. So um
4:23that was a concern that was brought to
4:25me. So I wanted to make sure that was
4:27noted. Um I did talk with Miss Miss
4:29Cindy Lum and I did do understand that
4:32they do a good job at their uh at their
4:35department. Um, and that I wanted it
4:38documented because if this happens
4:41again, we will be able to in the future
4:43reflect back and see if this was uh I
4:48mean accidental and how we can respond
4:51uh to this incident, how we can make
4:54sure that all the votes are counted and
4:56they're counted accurately and uh this
4:59won't this issue won't happen again. So,
5:02um, how we go about getting that, uh,
5:04response, um, placed in the minutes. So,
5:08in our speaking to Miss, uh, Miss Long,
5:11uh, a it would it was documented in her
5:16records.
5:18Um, it so one person went in, voted, and
5:23then mentioned after the ballot was
5:24turned in. Correct. And so we are aware
5:27that there was one ballot, one number or
5:29one uh one vote that was not recorded
5:32with a mayor's uh the mayoral um
5:36proposition or candidates on the on the
5:38ballot. Um and they c after going in and
5:42looking at it there was two others that
5:45turned it in. It was all in the same it
5:46was surrounding a ballot issue. So when
5:48those persons were registered at the
5:51front sign in they were given the wrong
5:55uh ballot and so they caught the problem
5:58with the other two. They pulled up the
6:00system and found that no other ballots
6:03had been given out like those and so it
6:06only applied to those three two of which
6:08were caught and they corrected and gave
6:10them the correct ballot before they
6:12actually went and voted. And then there
6:14was one one number or one uh one ballot
6:18uh that was improperly uh voted provided
6:22and then they when they submitted it
6:23there's no way to back that. So one note
6:26one vote would was noted um in her
6:29certification. Um and so I my
6:32understanding is in the election records
6:34that would that was that's documented
6:37and it was corrected before anybody else
6:40voted and there was no other issues. Um,
6:42as far as the canvas or anything like
6:44that, I don't know how that would affect
6:46I'm not aware of it affecting this if it
6:48if a
6:50certification was provided to us. Um,
6:53and she and her records show that there
6:55was one vote off. I guess it would have
6:57been an issue if we were closer to
7:01I mean, if it was closed, they could
7:02have and I did review it and it was it
7:06was it was actually one one one number
7:07off. the the city was off one and the uh
7:10school district was off one. Right. So
7:13uh so the the person that was allowed to
7:15vote for a school district uh was not
7:17allowed to vote for mayoral candidate.
7:20So it evened it out but so that means it
7:23cancelled that vote basically if you
7:26would think about it. I guess I don't I
7:29don't know I don't know how we would
7:30address that but I just want to make it
7:32known because of the fact that it does
7:34need to be documented um because for
7:37future references so if an incident like
7:39this happens again we can go back and
7:42review and see if it's what what's
7:45causing the issue because we want to
7:46make sure that we're accurate on our
7:48counts. This is I mean voting is very
7:51very important and it's a very touchy uh
7:55issue. So,
7:57uh, okay. As far as the minutes, I think
8:00this works with just the,
8:02um, as long as she she has it
8:05documented, kind of get a motion on.
8:07Yeah. One special. So, we needed Okay.
8:09So, um,
8:12um, so will her response be in this at
8:17included in this meeting? It's a it's a
8:20it's a public document. I mean, it's a
8:22public record. We have it recorded her
8:25response to us in cert in certification
8:27that there is one with her notes about
8:30that one ballot. Right. Will it be noted
8:33in this in this? No, it wasn't part of
8:36that meeting here. It was just the
8:37canvas just noted. Okay. Yeah. Okay. I I
8:41understand that have it as a public
8:43record just now. Okay. because I know
8:44that when I talked with Miss Cindy, she
8:46stated that she only keep she has a uh
8:49record retention uh period and once she
8:52dispos of those records is no longer
8:54there. So, I want to make sure that it's
8:56documented here. So, for future
8:59references or historical references, uh
9:02someone will be able to look back and
9:04see. I don't know how to document it
9:06other than if we put it on the agenda,
9:08speak on it, address it, and record it
9:11for in the minutes. And if you want, we
9:14can do that. I would request that be
9:16done because I would ra rather be
9:18transparent. Yes sir. And and be uh
9:20noted than not to be there to where if
9:22someone need to go back and refer to it
9:25um you know so it'll be there. Yeah. Yes
9:27sir. Yes sir. So I make a motion to
9:30approve the minutes for the special
9:32session that was May 9th, 2025.
9:35I second that motion.
9:41All in
9:45favor? Okay. Item number two, uh, police
9:49department manpower criminal incident
9:51report for April
9:582025. Uh, I think our police chief is,
10:01uh, out for a,
10:03uh, conference training.
10:06Uh, so I think [name]'s going to And you
10:09do. We have the his report in y'all's
10:11package.
10:15He uh he let everybody know that he'll
10:16be gone this week, this whole week, but
10:19uh he would be by his phone if we
10:25needed. Is there any
10:30uh anybody any questions on it
10:36or anybody good?
10:40Can I get a motion?
10:42There's no
10:43motion. Motion. Oh, no motion. Okay, so
10:46we can go. All right. Uh, okay. Item
10:49number three, uh, fire department
10:52monthly activity and status report,
10:54April 2025. Hello, [name].
11:00Uh, for the month of April, we had a
11:02total of 51 calls broken those down. 35
11:06of those in the
11:07city and
11:29161. Okay. Any questions for our fire
11:32chief?
11:34Everybody good? Good job, bud.
11:41Okay. Item number
11:43four. This is lengthy, so I'm going to
11:45do something a little
11:47different. Public hearing on request
11:50from Kelvin
11:53uh Kelvin Investments and uh Inc.
11:58Um
12:01and everything described below.
12:06Let's open a public I'm going open a
12:08public hearing on uh everything
12:10described below and [name] will give a
12:14uh a overview on it. So open a public
12:17hearing now.
12:20Mayor, council, public, we had a PNZ
12:23meeting today where this was also
12:25brought to them. Um I have a copy of the
12:30planning and zoning um and their action.
12:33Uh they recommended approval of the
12:35requested zone change
12:38um in a 4 to zero um four to zero vote.
12:43I have
12:45um a couple documents that I'll show
12:50you. So this is the area that's going to
12:53be um included in the zone change.
12:56Um there's as you can see here there's
12:59four parcels. Each of these are separate
13:02parcels. Um these this company has come
13:06in and purchased all four of them and
13:08they're wanting all of them with like uh
13:11like zoning um classification.
13:15Um, if you
13:19look, if you look right
13:24here, as you can see, as since 2006 when
13:28our zoning map was adopted, um, some of
13:31those parcels have changed
13:33in in shape and boundaries. So, I'll
13:38show you here side by side with this
13:40one. Um, why this is
13:45being
13:49required. So, all of this property
13:52here that is currently manufacturing,
13:56we're good. They're good on. There's a
13:59piece of property across here that they
14:01purchased that is R3 that is left over
14:05from the R3 of George Briggs um end of
14:09Rose the new project um housing
14:12authority project here. So all of this
14:14was zoned R3 at that time. This red area
14:19is all zoned as C2 plan commercial,
14:22which is offices and professional
14:24buildings and small retail, but truck
14:27stops are not allowed. These investors
14:30are wanting to put basically right in
14:33the center of this red and some of this
14:36purple, which delineates manufacturing,
14:39they're wanting to put a big uh truck
14:41stop. And so since it overlaps, since
14:45their current current parcels overlap as
14:47it's recorded, we want it recorded all
14:50correctly and not with overlapping
14:52zones. Um so this can be properly
14:54updated. Um, we've also addressed an
14:57issue with our
14:59uh county clerk's off office and the
15:02appraisal district to where in the
15:04future as parcels are sold or subdivided
15:07or the boundaries are changed that it
15:10would require coming through our
15:12planning and zoning to be able to be
15:13properly recorded so we can update our
15:16files as well. And so,
15:21um, so that's kind of where we're at
15:23right now with we have three different
15:26zones. All of this is,
15:29uh, properly developed for industrial or
15:32manufacturing. However, we have a
15:34mixture of residential, R3, C2, and
15:37manufacturing. And so, um, that was
15:40that's the the driving need for them to,
15:43um, request the, uh, zone change. So
15:46it's all all the same to allow them for
15:51u you
15:53know building the truck
15:57stop. Okay.
16:00Um this is a time for questions. Um this
16:03is also a time if anyone um any of the
16:06neighboring property owners uh can speak
16:09for against the zone change. Uh during
16:12the PNZ
16:14um public hearing, there were no one
16:16there was no one that came to speak for
16:18or against um the the zone change.
16:23Um comments from council, you can ask
16:26questions during the public hearing, but
16:28if we're going to do certain things, we
16:29can we're going to have the actual
16:31agenda item to discuss and
16:34um so I can address
16:37questions if you want here or there.
16:39Okay. My question, well, I do I do have
16:42a question. I think we've already kind
16:44of been through this. So, when you have
16:45committees, uh, things like this that
16:48come before the committee, when when
16:50when are we notified that you have items
16:53like this that comes before uh, the
16:55committee? In other words, like the PNZ
16:57committee, they got the zoning um, and
17:00they started, they went through, they
17:02voted on zoning. So, when does that come
17:04to council? Uh does it come after the
17:07fact or Well, it it planning and zoning
17:10has to review it. They can make changes
17:13um amendments um require special
17:15conditions. So the items that I bring to
17:18council are not prepared until planning
17:19and zoning has gone through the process
17:22of their review, speaking with the
17:24owners, seeing that it that if it meets
17:27the requirements or the intent of our
17:29zoning ordinances. So things change
17:32fairly frequently. Um and then we
17:36finalize that and bring that to council
17:38for for their final app approval based
17:41on planning and zoning's
17:43recommendations. Okay. So my my question
17:45is like the initial so we don't know
17:48anything about the businesses that are
17:50coming in uh to the to the city till
17:55after they went to the committee. In a
17:58lot of ways, yes, ma'am. In a lot of
18:00ways, um, competitively, we were not
18:02allowed to pass on information from
18:06prospective businesses. Businesses that
18:08are council. Yes, ma'am. In a public
18:11meeting. Yes, ma'am. For sure. No, no,
18:12no. I I understand. A public meeting.
18:14Yeah. And so there's not there's not
18:17really a process unless it fits the
18:20executive exemptions for close session.
18:24So, I mean, that's what I was saying. So
18:26this would fit an executive. No, this is
18:29a public hearing. This a public hearing.
18:30No, no, no, not this one right here. Why
18:32we have the I mean the initial I'm
18:34talking about at the very beginning. So
18:37I mean if we're to make these decisions,
18:40I mean should we not know what
18:42businesses are coming in to the city
18:45where they're planning to be? I mean is
18:47to some degree if it's it's like a
18:49economic compelment, right? I mean it's
18:51no ma'am not at all. Okay. So these so
18:54this companies they're not asking for
18:57monies. They're not asking for anything
18:58that would require negotiations like
19:01executive session, close session
19:03negotiations. This is a for-profit
19:06company wanting to come in and invest
19:07into our community. Um currently our
19:10zoning is outdated. Our zoning map
19:13that's specific to this area is uh does
19:16not fit this investor's proposal. Okay.
19:19And so, um, this information, um, all of
19:22this after going through P&Z and
19:24preparing it, um, I the soonest I got it
19:27was, um, you know, last week around
19:30Thursday. So that's when I sent it out
19:31to to you guys. Um, what I'm saying is,
19:34so this is not public. You knew on
19:38Thursday on Thursday when I sent it to
19:39No, no, no, no. You knew that they were
19:42preparing it. Correct. That's what I'm
19:45asking. I'm just asking I'm just asking
19:47the proceed the process I guess. So
19:49that's the process. So the process um if
19:53there's this for instance this property
19:55that you're looking at it's sold and
19:57changed hands several times for
19:59prospective investors. Okay. So if I
20:01would have made this into a public or
20:04deal you opening it into more investors
20:07seeing that that's not that's not the
20:10intent of what we're doing. So that's
20:12not my intent. My question my
20:14questioning is do when do we cuz they
20:17kind tonight we know Thursday when I
20:20post it tonight. Oh so we don't so we
20:22don't know about that's why we have plan
20:24only but but the investor has came and
20:27spoken with you. No ma'am not at all. I
20:30saw him today for the first
20:32time for the first time. I saw him
20:34today. I think that was him. It wasn't I
20:37saw him a year ago. This is not this is
20:39not a process that it's not a public
20:42process. This is this is private
20:44properties where somebody wants to come
20:45in and make an investment. So, they
20:47don't they don't delve a lot of their
20:50information up until Thursday. Here's
20:53where here's one piece of information
20:55that I was going to share tonight. Um,
20:58the only thing that we got, where did I
21:01put it?
21:03So, as of last Thursday, once we got
21:06their name and they actually up until
21:09then it just said truck stop. That's
21:12what actually it didn't say truck stop.
21:13It said T-top and we just guessed that
21:15it would probably be a truck stop. So,
21:17that's the pro that's all the limited
21:18information that we get. And so, once we
21:21found out the actual name of it, they
21:23told us the other sites that they have.
21:25So, some of the other truck stops that
21:27they've developed. I think this is our
21:28fifth one. And so all of this
21:31information I got on Thursday when I put
21:34this agenda together and was sending it
21:36out to council. So that's the process
21:38that I currently have. I have no other
21:40process.
21:43So the so the council knows
21:47after the same time the same time I do
21:50and we all do. It's just same thing with
21:53take five out there. I didn't know
21:55anything about take five. I didn't
21:56either. Nobody knew. Yes. Nobody. Who
21:59would who would want to know? We're not
22:01in a situation to have to
22:05have city backdoor conversations or or
22:10city leaders dictating who comes and who
22:12doesn't come. We are open. We're an open
22:14market. And so if somebody purchases a
22:16piece of property and says, "Hey, I want
22:18to put a truck stop here." Then as I get
22:21that information, I bring it to y'all
22:22and y'all decide, do we want to approve
22:25this? Essentially, by not approving
22:27this, what could happen is they can move
22:30over. They they can still put this truck
22:31stop here, but it best works for their
22:33plan to put it in this location where
22:36partial zoning requirements need to be
22:39provided for. You know, it needs to be
22:41amended partially. Yeah. My I'm just my
22:44just my main concern is that um seems
22:47like a lot of information that we're
22:48getting that I'm getting I don't know
22:50about everybody else. I can just speak
22:52for me is I'm getting it on the back
22:55end. I'm not getting on the front end
22:57when we're all getting it. Yeah. So I
23:00got this information as we put the
23:01agenda
23:03together when I you know and that's and
23:05as soon as I had the when we posted the
23:07agenda that's when I met with you in
23:09person we went over this in detail. Um,
23:12that's all the information I have. I
23:14have no other information. And I
23:16question you at that time, too. Yes.
23:17Okay. And I I gave the answer then, too.
23:20I don't I don't know myself.
23:24Okay. Uh, we got anybody to speak for or
23:28against? Go ahead.
23:32And so, it needs to be property owners
23:33that are on that list.
23:36Sorry.
23:40We can we can ask
23:43It is a public hearing so you can ask
23:45questions. Um but as far as speaking for
23:47or against would probably be Yeah. So
23:52how y'all doing? I was just asking like
23:54you said if you were to move it over I
23:56don't want the housing authority
23:58residents to get cut out of property you
24:00know for a major change. So if the
24:02planning and zoning committee can do the
24:05zoning without cutting you know the
24:07residential area and
24:11Okay. So, let's um let me pull it up to
24:13see what you're talking about here. The
24:15yellow part is residential and so Right.
24:18Yes, ma'am. This is what's developed as
24:19the housing authority. So, they're not
24:23um they're not going
24:26to change any of that. And so, the
24:29yellow fire pack behind it, that's the
24:31houses that's coming close to Fourth
24:33Street Direct.
24:35There's no This is all um being used as
24:37a Crockett ready mix probably up to
24:39about right here. And so some of this
24:43bottom corner of the yellow is their
24:45property and it's all open field right
24:48now. Okay. Um but all of this and and by
24:51our zoning ordinance um the boundaries
24:54in between the residential and
24:57industrial or manufacturing requires uh
24:59screening fencing. So that it needs to
25:02be to some degree like sound barrier
25:04proofing brick, wood, a nice not a chain
25:08link fence even, but a nice uh visual
25:10visual and
25:13sound barrier, right? Cuz we had
25:15boundaries like there was a um business
25:19put on the back side of our property and
25:21they didn't send the notices out. So
25:23that's why I'm trying to figure out, you
25:25know, to make sure that the residents
25:27know about the business and know the
25:28boundaries and that everything zone
25:31correctly, right? U with with that
25:33property, it was already zoned as
25:35commercial, so it didn't require this
25:37process, but I definitely see you're not
25:40to to not be surprised by what's moving
25:42into, but it was already zone commercial
25:44there, but it does require visual
25:46screening and sound screening. Thank
25:50you.
25:52Yes, sir.
25:56Go ahead.
25:58Forgive me. I did not look at this that
26:01well the only thing and if I may
26:03approach here Mr. part.
26:07If you're looking at this as the
26:08expansion of any housing into this
26:12particular area and you've got now
26:14they're wanting to be in this particular
26:16here, I ask that have we put in
26:19regarding for the people who are going
26:22to live there, the children and so
26:24forth. With this type of noise that's
26:26coming in, it seemed like it'll prosper
26:29not only the city, but also this
26:31development about moving closer to this
26:33particular area versus where you're
26:34going to have housing. Even though they
26:36do put up fencing and so forth and so
26:38on, you've got 50 foot lights that are
26:41going to be streaming in the back of
26:43people's yards and so forth. They're
26:45they're not allowed to point towards
26:47other properties. So, but and you and
26:50you know that but you know I'm just
26:53bringing about just some observations
26:56that I that I've seen with this uh not
26:59fully recognizing this. You also have
27:01the sand pit on one side. You're looking
27:03at already the the community property or
27:07the housing property kind of already in
27:10a kind of a pickle with this situation.
27:12Now we have something else with noise
27:15all night. Do you live in this area? Do
27:18you live in this area?
27:21Look at the map and see. Okay. Um I have
27:24a question. Will this bring um value to
27:27the surrounding properties?
27:29Of course. An incredible amount of
27:31value. Yeah. Yeah. Of course.
27:34Um this is a multi-million dollar truck
27:37stop providing providing jobs and and
27:40lots of fuel and sales tax revenue.
27:45Um just a comment because this is not,
27:48you know, we're not trying to shut
27:48anything down, but um this across this
27:52line here, this
27:54is where
27:57that where where the truck stop will be
28:00in in right here in the center of this.
28:03Um all of this area is already developed
28:06for a storm drainage. there's a big
28:08storm drainage
28:10ditch causing everything to be offset
28:12and pushed back from
28:15um a lot of a lot of the housing area
28:17that y'all are talking you know that
28:18we've that's been brought up. Um so
28:21that'll be some distance and
28:24visual from it. Um this is the site plan
28:29that they sent to us here. So, it's
28:33going to, as you see, this creek area
28:35right
28:36here that goes on
28:39back and so this is going to be up
28:41closer to the road. It's not a budding
28:45the back side of the housing
28:49authority. But this is all the
28:51information I have at this at this
28:54time. Okay. Do we have anybody else
28:58speak for us? What corner is it?
29:05right beside Morris Transmission. Yeah,
29:08right beside Morris Transmission. Kind
29:11of in between the old mobile home place
29:13and the Morris Transmission. Is that
29:15pretty?
29:25Okay, about to close it. Anybody else?
29:31Okay. All right. Uh item number five,
29:35consider and approve a zoning district
29:40changes for precinct or for partial
29:4428325 and partial
29:4711827 as described
29:55above. I'd like to make a motion we
29:57approve the zoning change.
30:03second all
30:06[Music]
30:08approved. Motion
30:13pass. Item number six, consider and
30:16approve nominations and appointments to
30:19new board members to the Charter Review
30:22Commission.
30:29Mayor, I have in your
30:31packet know the three board
30:36members. Um the nominations for three
30:39board members and the members that
30:41they're
30:45replacing. Nominations for James Henry,
30:49Joseph James, and Thomas Shelley
30:51replacing Pam Wells, [name] [name],
30:53and Lois Ball.
31:04Do we have a motion? I make a motion to
31:06accept
31:08nominations for changes to the charter
31:10committee.
31:13A second.
31:18Okay. All approved.
31:23All four.
31:27All with all four. Yes. Okay. Thank you.
31:32All
31:33right. Okay. Item number
31:37seven, consider and approve an ordinance
31:41amending the
31:43code of ordinances as described below.
31:49Mayor and council, I have this is pretty
31:50lengthy. So, I have a summary that I I
31:53printed off and I it's on an extra sheet
31:55beside each each one of you.
31:58Um, is it that I believe? So, that's the
32:03summary and I also attached um a copy of
32:08the Let me get you
32:10one. I also attached a copy of the state
32:14statute.
32:17So the state
32:19statute updated their definitions as
32:22this is a a fast changing field
32:25apparently coin operator machines and
32:28amusement redemption machines and our uh
32:32our ordinance was uh behind and uh did
32:35not reflect the same definitions as the
32:38state and we were having some issues. We
32:41went through and clarified that by
32:44addressing these ordinance amendments.
32:45And so the th the three initial things
32:48that this addressed with coin operated
32:50machines are amusement redemption
32:53machines, gaming computers and game game
32:57room game gaming computer type
33:00situations are no longer excluded from
33:02the definition of coin operated machines
33:04per state statute. This is a technical
33:05correction based on state law and the
33:08state comprollers's office guidelines
33:09that an amusement redemption machine or
33:12ARM is a type of coin operated machine
33:15and may therefore be subject to the
33:16city's occupation tax on a coin operated
33:20machine and I attached the occupations
33:23code for
33:24that. Nonprofit organizations are exempt
33:27from the coin operated machine
33:29occupation tax. They will now be
33:31required to provide a copy of the state
33:34comprollers's written notice verifying
33:36such exemption. So if you have one, the
33:39state already provides that exemption, a
33:42certification saying that you are an
33:44exempt entity that qualifies and your
33:47machine is exempt. And I'll talk a
33:49little bit about that. Um, based on
33:52state law and curtain city go code,
33:54eligible nonprofits are exempt from the
33:56annual state and city coin operated
33:58machine occupation tax, $60 per machine
34:01for state tax and 15 for city tax, $15.
34:05Whenever a nonprofit organization
34:07applies to the state comprollers's
34:08office for an exemption from this tax,
34:10the state comproller provides the
34:12organization with a written notice
34:13confirming the eligibility. That way we
34:15don't we don't have a process to define
34:17and certify eligibility, nonprofit
34:20status and things of that
34:22nature. Um, requiring a copy of this
34:25notice will ensure that the city is not
34:27making the decision whether or not
34:29they're exempt, but the state makes that
34:32decision. It's a decision that they
34:33already make and we'll accept their
34:36decision. And it cross references the
34:39zoning code relating to coin operated
34:41machines and the ARM ordinance. um those
34:43have been added. Uh the current zoning
34:46code contains limitations regarding
34:48placement of coin operated machines
34:49within 300 feet of a church, school or
34:51hospital. And the city code relating to
34:53arms contains several additional
34:55requirements relating only to arms and
34:58not coin operated machines. Adding these
35:00cross references to these provisions
35:01will ensure that these provisions are
35:03not overlooked when enforcing city
35:05ordinances.
35:07The second two things that this
35:09ordinance does is involving that that's
35:12coin operated machines. The bottom two
35:13are amusement redemption machines or the
35:16game rooms
35:18establishments. It allows eligible
35:20nonprofit organizations to be exempt
35:22from the arm establishment licensing and
35:25inspection fee which is currently 1,000
35:28per arm per per amusement redemption
35:31machine per year.
35:33Uh the exemption will only will apply
35:35only to nonprofit organizations
35:38providing the city with a copy of the
35:40above above referenced comprollers
35:42notice. So if they have that notice that
35:44they're exempt then they'll fall under
35:46our exemption as well if we approve the
35:48ordinance as it's written. Currently the
35:51exempt the nonprofit
35:54um for instance the American
35:57Legion our American Legion Hall has
36:01amusement redemption machines that we're
36:03currently we're waiting on on a
36:05determination from council to decide how
36:08to proceed with theirs. Um that's a a
36:11big source of revenue and it's to their
36:13it um it's not open to the public. you
36:16you're a have to be a duespaying member,
36:19you know, and
36:22um they can they can
36:25better manage themselves.
36:28Um and they would qual qualify for being
36:32exempt from those fees instead of having
36:35to pay they already would be able to
36:37exempt themselves from the
36:39state fee uh uh tax. And this this would
36:44further exempt them from the city's um
36:46amusement redemption machine tax or or
36:49fee of $1,000 per year per
36:53machine. Um and an arm license for an or
36:56organization other than a nonprofit
36:58organization will only be granted uh for
37:01an arm that has a current state
37:02comprollers tax permit. Um we don't
37:05really have the personnel or the ability
37:07to manage and oversee and go, you know,
37:10doortodoor to all the
37:14gas stations or different um areas that
37:17have these machines and that will
37:20require that um the the state also has
37:24the ability and it aligns with city's
37:28oversight. Um, currently,
37:33uh, currently there's some machines that
37:36don't have the
37:37states licensing or
37:41certification. And so, we're not going
37:44in there trying to police or verify that
37:46are they registered with the state, call
37:49the state and and, you know, and report
37:52them to the state.
37:54um we will only provide that uh
37:58licensing or registration if they have a
38:00state license and registration which
38:01there's already a process a
38:03long-standing process for
38:05that. That's that's the best about the
38:07best I
38:10can bring this you know as far as what
38:13what this ordinance does. Um, it's just
38:16a lot of obscurity
38:18between these machines going in and
38:21around town and us trying to know
38:25whether they're legally placed placed or
38:27not. Um, and we found out that the state
38:31already has a process for oversight of
38:34that. And so that way we're not
38:37approving something that the state
38:38hasn't approved.
38:41Okay? Because they're supposed to report
38:42and and you know pay a tax. um and you
38:46know a fee for that.
38:49Well, I I personally
38:53um I would have to do a little bit more
38:56research um because we did discuss this,
38:59but
39:00um yeah, um I would have to do a little
39:03more research for me to get a better
39:06understanding on how we need to move
39:09forward with this. So, with that being
39:12said, I would just um say that we uh
39:17postpone
39:18uh voting on this tonight, bring it back
39:21to our next meeting.
39:25Um put on the next agenda and that's up
39:29to council. It's just to go by the what
39:31the state does. Is that what you want? I
39:34mean, this is I want to review it for
39:36myself so I can make sure I got a clear
39:38understanding. I hear [name], but I need
39:41to know for myself. I just I didn't
39:43believe him. Okay.
39:46I hear [name]. This is this is been put
39:49together based on recommendations from
39:51our code enforcement
39:53um and our city attorney after full full
39:57review to make sure that it was
39:58compliant with state law. that. But
40:00that's about the most I can give you
40:02because like I say, that's that's my
40:04depth of of understanding on this as
40:06well is that it complies with state law
40:09and um it passes our city attorney's
40:11review. So that's all I can give y'all.
40:14But I understand your concern. So
40:16that'll be a I would just say that we
40:18just I mean unless y'all understand it,
40:24but I would prefer to uh review it so I
40:27can get a better understanding of the
40:28machines, how they work, what what's
40:30going on with the coin operated machine,
40:33what's the difference between the uh
40:34amusement redemption machine? I don't
40:36know.
40:38that would be a valiant effort and I
40:40would I would
40:42um commend you on learning that because
40:44it's it's a tough situation and it
40:46changes daily. Like they'll come out
40:48with a new regulation where it used to
40:51be called an amusement redemption and
40:52but instead of paying out certain gs or
40:55store prizes, they'll give you iTunes or
40:58and then you can go back the next day
41:00and cash them. They they it's a moving
41:03target. Yeah. So that's about the best I
41:06can understand this entire situation. So
41:10So basically, so these machines, they
41:12don't receive monies. They just receive
41:14gifts. They're supposed to supposed to
41:18supposed to. So that's that's what I'm
41:20at. So we get a something from So we we
41:24So we is this considered gambling or
41:26you've always had a problem as to
41:28whether or not they're using them to
41:29gambling. Yeah, that's what I'm asking.
41:31Of course, that's a separate question
41:33from what I know
41:35here in the DA's office and in the
41:37county attorney's office constantly
41:39trying to investigate and see if they're
41:41paying out in money instead of gifts or
41:47something that a different issue.
41:51That's why we don't change nothing other
41:54than uh like a nonprofit.
41:58So they have a nonprofit like the Elks,
42:01they don't have to pay our fee. Uh
42:03because it's a nonprofit. Everybody else
42:06still has to pay. All you gas stations
42:09has to pay. It's just the nonprofit.
42:13Uh and it aligns the ordinance with
42:15state state definition. That way we can
42:18make sure that we're speaking the same
42:21definition. So what kind of revenue what
42:22kind of what kind of payment are they?
42:24Did you say they were making
42:28$1,000 a machine? So it's so the ARM the
42:32ARM licensing and inspection fee is
42:34a,000 per machine. Um for coin operated
42:37it's $60 per machine for the state tax
42:40and $15 for the city tax per machine.
42:43Um, and arms have to have the coin
42:46operator
42:47machine certification and then they have
42:50to have an ARM licensing and inspection
42:53fee where we have to go and verify that
42:57um the numbers align with what they're
43:00permitted for and and everything.
43:05So, I'll make a motion to bring the
43:08ordinance language ordinance code
43:11language up to date with the states u
43:13representation of that.
43:17I second.
43:21I'll approve. So, we have a we have a
43:23motion and a second uh for um this
43:26ordinance. So, just to clarify that you
43:30that you're approving this ordinance
43:32amendment. Yes. Okay. And I second all
43:40approved against.
43:47Okay. Okay.
43:50Okay. I get a that's it for tonight.
43:54Thank y'all for coming. Uh get a motion
43:57to adjurnn.
44:00Motion to adjurnn. Second.
44:14Oh, Jesus.