Source: YouTube auto-captions via youtube-transcript-api
Meeting: Crockett City Council, 2025-05-19
Title: Crockett City Council Meeting - 05/19/2025
Video: https://www.youtube.com/watch?v=XaD4U-vQhgc
Status: verbatim auto-captions. Names are often wrong. Not reviewed. Not for the public site.

[0:00] open
[0:05] um open the meeting. We always open the
[0:08] meeting with a uh invocation and a
[0:09] pledge. Uh all stand
[0:11] please. Uh Chris, please.
[0:18] Our father who art in heaven, we're
[0:20] gathered here today asking you to bless
[0:23] and reside over us, each and every one
[0:25] of us. you. Thank you for allowing us to
[0:28] have traveling grace and uh the mercy
[0:31] that you have bestowed upon us today. We
[0:34] ask you to uh be with us and our coming
[0:37] and going. Um be with this council. Help
[0:40] us help us and guide us in our decision
[0:42] making tonight. Thank you. Amen.
[0:49] I pledge allegiance to the flag of the
[0:52] United States of America and to the
[0:54] republic for which it stands, one nation
[0:58] under God, indivisible, with liberty and
[1:01] justice for all.
[1:05] [Music]
[1:08] I'd like to thank everybody for coming
[1:10] tonight. Uh
[1:13] u moving into uh comments from the
[1:17] audience or council. No comments
[1:20] council. Comment from the council. Um I
[1:24] again want to extend an invitation to
[1:27] the community roundt.
[1:29] um that will be held for precinct 3 on
[1:32] May uh Tuesday, May 27th at 5:30 p.m. Uh
[1:37] location will be at the Crockett ISD
[1:39] administration auditorium on 1400 West
[1:43] Austin Street and it will be in the the
[1:45] rear part. So, please come out uh and uh
[1:50] express um your concerns or assist us
[1:53] with helping uh you uh fix issues that
[1:58] um that are becoming uh to this city.
[2:02] So, that's my invitation.
[2:06] Thank you.
[2:09] Okay. Moving on to item number one,
[2:11] special sessions May 9th, 2025.
[2:20] Uh okay. Uh before the approval of the
[2:22] minutes, you got
[2:24] question for approval of the minutes. Um
[2:28] the um on the um last minutes, I believe
[2:32] I had a conversation with uh Mr.
[2:35] [name] and had addressed some concerns
[2:37] about uh the canvasing um um not the
[2:42] process. Um I just had some concerns of
[2:46] of of an issue that had uh came about
[2:49] and I brought it to the attention of uh
[2:51] Mr. [name] also uh Miss Cynthia alone. So
[2:55] now I'm bringing attention to the the
[2:57] council so you'll be aware but um I did
[3:00] ask Miss Cynthia alone to submit a
[3:02] response to my concern and uh I did go
[3:06] and I spoke with her and she stated that
[3:09] she sent the response to um Miss [name]
[3:13] and uh so I was uh assuming that it
[3:17] would have been um documented or or
[3:20] documented in with the canvas scene cuz
[3:23] she did state that she would u submit
[3:26] the response. So with that being said,
[3:29] will that response be submitted or I'm
[3:33] asking can you remind us what the
[3:34] response was? I mean what you what the
[3:37] concern was. Okay. The concern was we
[3:39] had an issue um with a one of the
[3:41] machines um with the uh um the ballot.
[3:47] Yeah. With with the ballot with one of
[3:49] the machines. Um uh one it was reported
[3:52] to me that one of the voters had went in
[3:55] to vote and when they went in to vote
[3:57] they did not get and they lived inside
[3:59] they resided inside the city limits and
[4:02] they did not get the mayor mayor or
[4:06] candidate uh on their ballot. also
[4:11] um uh instead of getting that they
[4:14] received the schools districts and they
[4:17] were not supposed to be voting for uh
[4:20] anyone in the school district. So um
[4:23] that was a concern that was brought to
[4:25] me. So I wanted to make sure that was
[4:27] noted. Um I did talk with Miss Miss
[4:29] Cindy Lum and I did do understand that
[4:32] they do a good job at their uh at their
[4:35] department. Um, and that I wanted it
[4:38] documented because if this happens
[4:41] again, we will be able to in the future
[4:43] reflect back and see if this was uh I
[4:48] mean accidental and how we can respond
[4:51] uh to this incident, how we can make
[4:54] sure that all the votes are counted and
[4:56] they're counted accurately and uh this
[4:59] won't this issue won't happen again. So,
[5:02] um, how we go about getting that, uh,
[5:04] response, um, placed in the minutes. So,
[5:08] in our speaking to Miss, uh, Miss Long,
[5:11] uh, a it would it was documented in her
[5:16] records.
[5:18] Um, it so one person went in, voted, and
[5:23] then mentioned after the ballot was
[5:24] turned in. Correct. And so we are aware
[5:27] that there was one ballot, one number or
[5:29] one uh one vote that was not recorded
[5:32] with a mayor's uh the mayoral um
[5:36] proposition or candidates on the on the
[5:38] ballot. Um and they c after going in and
[5:42] looking at it there was two others that
[5:45] turned it in. It was all in the same it
[5:46] was surrounding a ballot issue. So when
[5:48] those persons were registered at the
[5:51] front sign in they were given the wrong
[5:55] uh ballot and so they caught the problem
[5:58] with the other two. They pulled up the
[6:00] system and found that no other ballots
[6:03] had been given out like those and so it
[6:06] only applied to those three two of which
[6:08] were caught and they corrected and gave
[6:10] them the correct ballot before they
[6:12] actually went and voted. And then there
[6:14] was one one number or one uh one ballot
[6:18] uh that was improperly uh voted provided
[6:22] and then they when they submitted it
[6:23] there's no way to back that. So one note
[6:26] one vote would was noted um in her
[6:29] certification. Um and so I my
[6:32] understanding is in the election records
[6:34] that would that was that's documented
[6:37] and it was corrected before anybody else
[6:40] voted and there was no other issues. Um,
[6:42] as far as the canvas or anything like
[6:44] that, I don't know how that would affect
[6:46] I'm not aware of it affecting this if it
[6:48] if a
[6:50] certification was provided to us. Um,
[6:53] and she and her records show that there
[6:55] was one vote off. I guess it would have
[6:57] been an issue if we were closer to
[7:01] I mean, if it was closed, they could
[7:02] have and I did review it and it was it
[7:06] was it was actually one one one number
[7:07] off. the the city was off one and the uh
[7:10] school district was off one. Right. So
[7:13] uh so the the person that was allowed to
[7:15] vote for a school district uh was not
[7:17] allowed to vote for mayoral candidate.
[7:20] So it evened it out but so that means it
[7:23] cancelled that vote basically if you
[7:26] would think about it. I guess I don't I
[7:29] don't know I don't know how we would
[7:30] address that but I just want to make it
[7:32] known because of the fact that it does
[7:34] need to be documented um because for
[7:37] future references so if an incident like
[7:39] this happens again we can go back and
[7:42] review and see if it's what what's
[7:45] causing the issue because we want to
[7:46] make sure that we're accurate on our
[7:48] counts. This is I mean voting is very
[7:51] very important and it's a very touchy uh
[7:55] issue. So,
[7:57] uh, okay. As far as the minutes, I think
[8:00] this works with just the,
[8:02] um, as long as she she has it
[8:05] documented, kind of get a motion on.
[8:07] Yeah. One special. So, we needed Okay.
[8:09] So, um,
[8:12] um, so will her response be in this at
[8:17] included in this meeting? It's a it's a
[8:20] it's a public document. I mean, it's a
[8:22] public record. We have it recorded her
[8:25] response to us in cert in certification
[8:27] that there is one with her notes about
[8:30] that one ballot. Right. Will it be noted
[8:33] in this in this? No, it wasn't part of
[8:36] that meeting here. It was just the
[8:37] canvas just noted. Okay. Yeah. Okay. I I
[8:41] understand that have it as a public
[8:43] record just now. Okay. because I know
[8:44] that when I talked with Miss Cindy, she
[8:46] stated that she only keep she has a uh
[8:49] record retention uh period and once she
[8:52] dispos of those records is no longer
[8:54] there. So, I want to make sure that it's
[8:56] documented here. So, for future
[8:59] references or historical references, uh
[9:02] someone will be able to look back and
[9:04] see. I don't know how to document it
[9:06] other than if we put it on the agenda,
[9:08] speak on it, address it, and record it
[9:11] for in the minutes. And if you want, we
[9:14] can do that. I would request that be
[9:16] done because I would ra rather be
[9:18] transparent. Yes sir. And and be uh
[9:20] noted than not to be there to where if
[9:22] someone need to go back and refer to it
[9:25] um you know so it'll be there. Yeah. Yes
[9:27] sir. Yes sir. So I make a motion to
[9:30] approve the minutes for the special
[9:32] session that was May 9th, 2025.
[9:35] I second that motion.
[9:41] All in
[9:45] favor? Okay. Item number two, uh, police
[9:49] department manpower criminal incident
[9:51] report for April
[9:58] 2025. Uh, I think our police chief is,
[10:01] uh, out for a,
[10:03] uh, conference training.
[10:06] Uh, so I think [name]'s going to And you
[10:09] do. We have the his report in y'all's
[10:11] package.
[10:15] He uh he let everybody know that he'll
[10:16] be gone this week, this whole week, but
[10:19] uh he would be by his phone if we
[10:25] needed. Is there any
[10:30] uh anybody any questions on it
[10:36] or anybody good?
[10:40] Can I get a motion?
[10:42] There's no
[10:43] motion. Motion. Oh, no motion. Okay, so
[10:46] we can go. All right. Uh, okay. Item
[10:49] number three, uh, fire department
[10:52] monthly activity and status report,
[10:54] April 2025. Hello, [name].
[11:00] Uh, for the month of April, we had a
[11:02] total of 51 calls broken those down. 35
[11:06] of those in the
[11:07] city and
[11:29] 161. Okay. Any questions for our fire
[11:32] chief?
[11:34] Everybody good? Good job, bud.
[11:41] Okay. Item number
[11:43] four. This is lengthy, so I'm going to
[11:45] do something a little
[11:47] different. Public hearing on request
[11:50] from Kelvin
[11:53] uh Kelvin Investments and uh Inc.
[11:58] Um
[12:01] and everything described below.
[12:06] Let's open a public I'm going open a
[12:08] public hearing on uh everything
[12:10] described below and [name] will give a
[12:14] uh a overview on it. So open a public
[12:17] hearing now.
[12:20] Mayor, council, public, we had a PNZ
[12:23] meeting today where this was also
[12:25] brought to them. Um I have a copy of the
[12:30] planning and zoning um and their action.
[12:33] Uh they recommended approval of the
[12:35] requested zone change
[12:38] um in a 4 to zero um four to zero vote.
[12:43] I have
[12:45] um a couple documents that I'll show
[12:50] you. So this is the area that's going to
[12:53] be um included in the zone change.
[12:56] Um there's as you can see here there's
[12:59] four parcels. Each of these are separate
[13:02] parcels. Um these this company has come
[13:06] in and purchased all four of them and
[13:08] they're wanting all of them with like uh
[13:11] like zoning um classification.
[13:15] Um, if you
[13:19] look, if you look right
[13:24] here, as you can see, as since 2006 when
[13:28] our zoning map was adopted, um, some of
[13:31] those parcels have changed
[13:33] in in shape and boundaries. So, I'll
[13:38] show you here side by side with this
[13:40] one. Um, why this is
[13:45] being
[13:49] required. So, all of this property
[13:52] here that is currently manufacturing,
[13:56] we're good. They're good on. There's a
[13:59] piece of property across here that they
[14:01] purchased that is R3 that is left over
[14:05] from the R3 of George Briggs um end of
[14:09] Rose the new project um housing
[14:12] authority project here. So all of this
[14:14] was zoned R3 at that time. This red area
[14:19] is all zoned as C2 plan commercial,
[14:22] which is offices and professional
[14:24] buildings and small retail, but truck
[14:27] stops are not allowed. These investors
[14:30] are wanting to put basically right in
[14:33] the center of this red and some of this
[14:36] purple, which delineates manufacturing,
[14:39] they're wanting to put a big uh truck
[14:41] stop. And so since it overlaps, since
[14:45] their current current parcels overlap as
[14:47] it's recorded, we want it recorded all
[14:50] correctly and not with overlapping
[14:52] zones. Um so this can be properly
[14:54] updated. Um, we've also addressed an
[14:57] issue with our
[14:59] uh county clerk's off office and the
[15:02] appraisal district to where in the
[15:04] future as parcels are sold or subdivided
[15:07] or the boundaries are changed that it
[15:10] would require coming through our
[15:12] planning and zoning to be able to be
[15:13] properly recorded so we can update our
[15:16] files as well. And so,
[15:21] um, so that's kind of where we're at
[15:23] right now with we have three different
[15:26] zones. All of this is,
[15:29] uh, properly developed for industrial or
[15:32] manufacturing. However, we have a
[15:34] mixture of residential, R3, C2, and
[15:37] manufacturing. And so, um, that was
[15:40] that's the the driving need for them to,
[15:43] um, request the, uh, zone change. So
[15:46] it's all all the same to allow them for
[15:51] u you
[15:53] know building the truck
[15:57] stop. Okay.
[16:00] Um this is a time for questions. Um this
[16:03] is also a time if anyone um any of the
[16:06] neighboring property owners uh can speak
[16:09] for against the zone change. Uh during
[16:12] the PNZ
[16:14] um public hearing, there were no one
[16:16] there was no one that came to speak for
[16:18] or against um the the zone change.
[16:23] Um comments from council, you can ask
[16:26] questions during the public hearing, but
[16:28] if we're going to do certain things, we
[16:29] can we're going to have the actual
[16:31] agenda item to discuss and
[16:34] um so I can address
[16:37] questions if you want here or there.
[16:39] Okay. My question, well, I do I do have
[16:42] a question. I think we've already kind
[16:44] of been through this. So, when you have
[16:45] committees, uh, things like this that
[16:48] come before the committee, when when
[16:50] when are we notified that you have items
[16:53] like this that comes before uh, the
[16:55] committee? In other words, like the PNZ
[16:57] committee, they got the zoning um, and
[17:00] they started, they went through, they
[17:02] voted on zoning. So, when does that come
[17:04] to council? Uh does it come after the
[17:07] fact or Well, it it planning and zoning
[17:10] has to review it. They can make changes
[17:13] um amendments um require special
[17:15] conditions. So the items that I bring to
[17:18] council are not prepared until planning
[17:19] and zoning has gone through the process
[17:22] of their review, speaking with the
[17:24] owners, seeing that it that if it meets
[17:27] the requirements or the intent of our
[17:29] zoning ordinances. So things change
[17:32] fairly frequently. Um and then we
[17:36] finalize that and bring that to council
[17:38] for for their final app approval based
[17:41] on planning and zoning's
[17:43] recommendations. Okay. So my my question
[17:45] is like the initial so we don't know
[17:48] anything about the businesses that are
[17:50] coming in uh to the to the city till
[17:55] after they went to the committee. In a
[17:58] lot of ways, yes, ma'am. In a lot of
[18:00] ways, um, competitively, we were not
[18:02] allowed to pass on information from
[18:06] prospective businesses. Businesses that
[18:08] are council. Yes, ma'am. In a public
[18:11] meeting. Yes, ma'am. For sure. No, no,
[18:12] no. I I understand. A public meeting.
[18:14] Yeah. And so there's not there's not
[18:17] really a process unless it fits the
[18:20] executive exemptions for close session.
[18:24] So, I mean, that's what I was saying. So
[18:26] this would fit an executive. No, this is
[18:29] a public hearing. This a public hearing.
[18:30] No, no, no, not this one right here. Why
[18:32] we have the I mean the initial I'm
[18:34] talking about at the very beginning. So
[18:37] I mean if we're to make these decisions,
[18:40] I mean should we not know what
[18:42] businesses are coming in to the city
[18:45] where they're planning to be? I mean is
[18:47] to some degree if it's it's like a
[18:49] economic compelment, right? I mean it's
[18:51] no ma'am not at all. Okay. So these so
[18:54] this companies they're not asking for
[18:57] monies. They're not asking for anything
[18:58] that would require negotiations like
[19:01] executive session, close session
[19:03] negotiations. This is a for-profit
[19:06] company wanting to come in and invest
[19:07] into our community. Um currently our
[19:10] zoning is outdated. Our zoning map
[19:13] that's specific to this area is uh does
[19:16] not fit this investor's proposal. Okay.
[19:19] And so, um, this information, um, all of
[19:22] this after going through P&Z and
[19:24] preparing it, um, I the soonest I got it
[19:27] was, um, you know, last week around
[19:30] Thursday. So that's when I sent it out
[19:31] to to you guys. Um, what I'm saying is,
[19:34] so this is not public. You knew on
[19:38] Thursday on Thursday when I sent it to
[19:39] No, no, no, no. You knew that they were
[19:42] preparing it. Correct. That's what I'm
[19:45] asking. I'm just asking I'm just asking
[19:47] the proceed the process I guess. So
[19:49] that's the process. So the process um if
[19:53] there's this for instance this property
[19:55] that you're looking at it's sold and
[19:57] changed hands several times for
[19:59] prospective investors. Okay. So if I
[20:01] would have made this into a public or
[20:04] deal you opening it into more investors
[20:07] seeing that that's not that's not the
[20:10] intent of what we're doing. So that's
[20:12] not my intent. My question my
[20:14] questioning is do when do we cuz they
[20:17] kind tonight we know Thursday when I
[20:20] post it tonight. Oh so we don't so we
[20:22] don't know about that's why we have plan
[20:24] only but but the investor has came and
[20:27] spoken with you. No ma'am not at all. I
[20:30] saw him today for the first
[20:32] time for the first time. I saw him
[20:34] today. I think that was him. It wasn't I
[20:37] saw him a year ago. This is not this is
[20:39] not a process that it's not a public
[20:42] process. This is this is private
[20:44] properties where somebody wants to come
[20:45] in and make an investment. So, they
[20:47] don't they don't delve a lot of their
[20:50] information up until Thursday. Here's
[20:53] where here's one piece of information
[20:55] that I was going to share tonight. Um,
[20:58] the only thing that we got, where did I
[21:01] put it?
[21:03] So, as of last Thursday, once we got
[21:06] their name and they actually up until
[21:09] then it just said truck stop. That's
[21:12] what actually it didn't say truck stop.
[21:13] It said T-top and we just guessed that
[21:15] it would probably be a truck stop. So,
[21:17] that's the pro that's all the limited
[21:18] information that we get. And so, once we
[21:21] found out the actual name of it, they
[21:23] told us the other sites that they have.
[21:25] So, some of the other truck stops that
[21:27] they've developed. I think this is our
[21:28] fifth one. And so all of this
[21:31] information I got on Thursday when I put
[21:34] this agenda together and was sending it
[21:36] out to council. So that's the process
[21:38] that I currently have. I have no other
[21:40] process.
[21:43] So the so the council knows
[21:47] after the same time the same time I do
[21:50] and we all do. It's just same thing with
[21:53] take five out there. I didn't know
[21:55] anything about take five. I didn't
[21:56] either. Nobody knew. Yes. Nobody. Who
[21:59] would who would want to know? We're not
[22:01] in a situation to have to
[22:05] have city backdoor conversations or or
[22:10] city leaders dictating who comes and who
[22:12] doesn't come. We are open. We're an open
[22:14] market. And so if somebody purchases a
[22:16] piece of property and says, "Hey, I want
[22:18] to put a truck stop here." Then as I get
[22:21] that information, I bring it to y'all
[22:22] and y'all decide, do we want to approve
[22:25] this? Essentially, by not approving
[22:27] this, what could happen is they can move
[22:30] over. They they can still put this truck
[22:31] stop here, but it best works for their
[22:33] plan to put it in this location where
[22:36] partial zoning requirements need to be
[22:39] provided for. You know, it needs to be
[22:41] amended partially. Yeah. My I'm just my
[22:44] just my main concern is that um seems
[22:47] like a lot of information that we're
[22:48] getting that I'm getting I don't know
[22:50] about everybody else. I can just speak
[22:52] for me is I'm getting it on the back
[22:55] end. I'm not getting on the front end
[22:57] when we're all getting it. Yeah. So I
[23:00] got this information as we put the
[23:01] agenda
[23:03] together when I you know and that's and
[23:05] as soon as I had the when we posted the
[23:07] agenda that's when I met with you in
[23:09] person we went over this in detail. Um,
[23:12] that's all the information I have. I
[23:14] have no other information. And I
[23:16] question you at that time, too. Yes.
[23:17] Okay. And I I gave the answer then, too.
[23:20] I don't I don't know myself.
[23:24] Okay. Uh, we got anybody to speak for or
[23:28] against? Go ahead.
[23:32] And so, it needs to be property owners
[23:33] that are on that list.
[23:36] Sorry.
[23:40] We can we can ask
[23:43] It is a public hearing so you can ask
[23:45] questions. Um but as far as speaking for
[23:47] or against would probably be Yeah. So
[23:52] how y'all doing? I was just asking like
[23:54] you said if you were to move it over I
[23:56] don't want the housing authority
[23:58] residents to get cut out of property you
[24:00] know for a major change. So if the
[24:02] planning and zoning committee can do the
[24:05] zoning without cutting you know the
[24:07] residential area and
[24:11] Okay. So, let's um let me pull it up to
[24:13] see what you're talking about here. The
[24:15] yellow part is residential and so Right.
[24:18] Yes, ma'am. This is what's developed as
[24:19] the housing authority. So, they're not
[24:23] um they're not going
[24:26] to change any of that. And so, the
[24:29] yellow fire pack behind it, that's the
[24:31] houses that's coming close to Fourth
[24:33] Street Direct.
[24:35] There's no This is all um being used as
[24:37] a Crockett ready mix probably up to
[24:39] about right here. And so some of this
[24:43] bottom corner of the yellow is their
[24:45] property and it's all open field right
[24:48] now. Okay. Um but all of this and and by
[24:51] our zoning ordinance um the boundaries
[24:54] in between the residential and
[24:57] industrial or manufacturing requires uh
[24:59] screening fencing. So that it needs to
[25:02] be to some degree like sound barrier
[25:04] proofing brick, wood, a nice not a chain
[25:08] link fence even, but a nice uh visual
[25:10] visual and
[25:13] sound barrier, right? Cuz we had
[25:15] boundaries like there was a um business
[25:19] put on the back side of our property and
[25:21] they didn't send the notices out. So
[25:23] that's why I'm trying to figure out, you
[25:25] know, to make sure that the residents
[25:27] know about the business and know the
[25:28] boundaries and that everything zone
[25:31] correctly, right? U with with that
[25:33] property, it was already zoned as
[25:35] commercial, so it didn't require this
[25:37] process, but I definitely see you're not
[25:40] to to not be surprised by what's moving
[25:42] into, but it was already zone commercial
[25:44] there, but it does require visual
[25:46] screening and sound screening. Thank
[25:50] you.
[25:52] Yes, sir.
[25:56] Go ahead.
[25:58] Forgive me. I did not look at this that
[26:01] well the only thing and if I may
[26:03] approach here Mr. part.
[26:07] If you're looking at this as the
[26:08] expansion of any housing into this
[26:12] particular area and you've got now
[26:14] they're wanting to be in this particular
[26:16] here, I ask that have we put in
[26:19] regarding for the people who are going
[26:22] to live there, the children and so
[26:24] forth. With this type of noise that's
[26:26] coming in, it seemed like it'll prosper
[26:29] not only the city, but also this
[26:31] development about moving closer to this
[26:33] particular area versus where you're
[26:34] going to have housing. Even though they
[26:36] do put up fencing and so forth and so
[26:38] on, you've got 50 foot lights that are
[26:41] going to be streaming in the back of
[26:43] people's yards and so forth. They're
[26:45] they're not allowed to point towards
[26:47] other properties. So, but and you and
[26:50] you know that but you know I'm just
[26:53] bringing about just some observations
[26:56] that I that I've seen with this uh not
[26:59] fully recognizing this. You also have
[27:01] the sand pit on one side. You're looking
[27:03] at already the the community property or
[27:07] the housing property kind of already in
[27:10] a kind of a pickle with this situation.
[27:12] Now we have something else with noise
[27:15] all night. Do you live in this area? Do
[27:18] you live in this area?
[27:21] Look at the map and see. Okay. Um I have
[27:24] a question. Will this bring um value to
[27:27] the surrounding properties?
[27:29] Of course. An incredible amount of
[27:31] value. Yeah. Yeah. Of course.
[27:34] Um this is a multi-million dollar truck
[27:37] stop providing providing jobs and and
[27:40] lots of fuel and sales tax revenue.
[27:45] Um just a comment because this is not,
[27:48] you know, we're not trying to shut
[27:48] anything down, but um this across this
[27:52] line here, this
[27:54] is where
[27:57] that where where the truck stop will be
[28:00] in in right here in the center of this.
[28:03] Um all of this area is already developed
[28:06] for a storm drainage. there's a big
[28:08] storm drainage
[28:10] ditch causing everything to be offset
[28:12] and pushed back from
[28:15] um a lot of a lot of the housing area
[28:17] that y'all are talking you know that
[28:18] we've that's been brought up. Um so
[28:21] that'll be some distance and
[28:24] visual from it. Um this is the site plan
[28:29] that they sent to us here. So, it's
[28:33] going to, as you see, this creek area
[28:35] right
[28:36] here that goes on
[28:39] back and so this is going to be up
[28:41] closer to the road. It's not a budding
[28:45] the back side of the housing
[28:49] authority. But this is all the
[28:51] information I have at this at this
[28:54] time. Okay. Do we have anybody else
[28:58] speak for us? What corner is it?
[29:05] right beside Morris Transmission. Yeah,
[29:08] right beside Morris Transmission. Kind
[29:11] of in between the old mobile home place
[29:13] and the Morris Transmission. Is that
[29:15] pretty?
[29:25] Okay, about to close it. Anybody else?
[29:31] Okay. All right. Uh item number five,
[29:35] consider and approve a zoning district
[29:40] changes for precinct or for partial
[29:44] 28325 and partial
[29:47] 11827 as described
[29:55] above. I'd like to make a motion we
[29:57] approve the zoning change.
[30:00] I
[30:03] second all
[30:06] [Music]
[30:08] approved. Motion
[30:13] pass. Item number six, consider and
[30:16] approve nominations and appointments to
[30:19] new board members to the Charter Review
[30:22] Commission.
[30:29] Mayor, I have in your
[30:31] packet know the three board
[30:36] members. Um the nominations for three
[30:39] board members and the members that
[30:41] they're
[30:45] replacing. Nominations for James Henry,
[30:49] Joseph James, and Thomas Shelley
[30:51] replacing Pam Wells, [name] [name],
[30:53] and Lois Ball.
[31:04] Do we have a motion? I make a motion to
[31:06] accept
[31:08] nominations for changes to the charter
[31:10] committee.
[31:13] A second.
[31:18] Okay. All approved.
[31:23] All four.
[31:27] All with all four. Yes. Okay. Thank you.
[31:32] All
[31:33] right. Okay. Item number
[31:37] seven, consider and approve an ordinance
[31:41] amending the
[31:43] code of ordinances as described below.
[31:49] Mayor and council, I have this is pretty
[31:50] lengthy. So, I have a summary that I I
[31:53] printed off and I it's on an extra sheet
[31:55] beside each each one of you.
[31:58] Um, is it that I believe? So, that's the
[32:03] summary and I also attached um a copy of
[32:08] the Let me get you
[32:10] one. I also attached a copy of the state
[32:14] statute.
[32:17] So the state
[32:19] statute updated their definitions as
[32:22] this is a a fast changing field
[32:25] apparently coin operator machines and
[32:28] amusement redemption machines and our uh
[32:32] our ordinance was uh behind and uh did
[32:35] not reflect the same definitions as the
[32:38] state and we were having some issues. We
[32:41] went through and clarified that by
[32:44] addressing these ordinance amendments.
[32:45] And so the th the three initial things
[32:48] that this addressed with coin operated
[32:50] machines are amusement redemption
[32:53] machines, gaming computers and game game
[32:57] room game gaming computer type
[33:00] situations are no longer excluded from
[33:02] the definition of coin operated machines
[33:04] per state statute. This is a technical
[33:05] correction based on state law and the
[33:08] state comprollers's office guidelines
[33:09] that an amusement redemption machine or
[33:12] ARM is a type of coin operated machine
[33:15] and may therefore be subject to the
[33:16] city's occupation tax on a coin operated
[33:20] machine and I attached the occupations
[33:23] code for
[33:24] that. Nonprofit organizations are exempt
[33:27] from the coin operated machine
[33:29] occupation tax. They will now be
[33:31] required to provide a copy of the state
[33:34] comprollers's written notice verifying
[33:36] such exemption. So if you have one, the
[33:39] state already provides that exemption, a
[33:42] certification saying that you are an
[33:44] exempt entity that qualifies and your
[33:47] machine is exempt. And I'll talk a
[33:49] little bit about that. Um, based on
[33:52] state law and curtain city go code,
[33:54] eligible nonprofits are exempt from the
[33:56] annual state and city coin operated
[33:58] machine occupation tax, $60 per machine
[34:01] for state tax and 15 for city tax, $15.
[34:05] Whenever a nonprofit organization
[34:07] applies to the state comprollers's
[34:08] office for an exemption from this tax,
[34:10] the state comproller provides the
[34:12] organization with a written notice
[34:13] confirming the eligibility. That way we
[34:15] don't we don't have a process to define
[34:17] and certify eligibility, nonprofit
[34:20] status and things of that
[34:22] nature. Um, requiring a copy of this
[34:25] notice will ensure that the city is not
[34:27] making the decision whether or not
[34:29] they're exempt, but the state makes that
[34:32] decision. It's a decision that they
[34:33] already make and we'll accept their
[34:36] decision. And it cross references the
[34:39] zoning code relating to coin operated
[34:41] machines and the ARM ordinance. um those
[34:43] have been added. Uh the current zoning
[34:46] code contains limitations regarding
[34:48] placement of coin operated machines
[34:49] within 300 feet of a church, school or
[34:51] hospital. And the city code relating to
[34:53] arms contains several additional
[34:55] requirements relating only to arms and
[34:58] not coin operated machines. Adding these
[35:00] cross references to these provisions
[35:01] will ensure that these provisions are
[35:03] not overlooked when enforcing city
[35:05] ordinances.
[35:07] The second two things that this
[35:09] ordinance does is involving that that's
[35:12] coin operated machines. The bottom two
[35:13] are amusement redemption machines or the
[35:16] game rooms
[35:18] establishments. It allows eligible
[35:20] nonprofit organizations to be exempt
[35:22] from the arm establishment licensing and
[35:25] inspection fee which is currently 1,000
[35:28] per arm per per amusement redemption
[35:31] machine per year.
[35:33] Uh the exemption will only will apply
[35:35] only to nonprofit organizations
[35:38] providing the city with a copy of the
[35:40] above above referenced comprollers
[35:42] notice. So if they have that notice that
[35:44] they're exempt then they'll fall under
[35:46] our exemption as well if we approve the
[35:48] ordinance as it's written. Currently the
[35:51] exempt the nonprofit
[35:54] um for instance the American
[35:57] Legion our American Legion Hall has
[36:01] amusement redemption machines that we're
[36:03] currently we're waiting on on a
[36:05] determination from council to decide how
[36:08] to proceed with theirs. Um that's a a
[36:11] big source of revenue and it's to their
[36:13] it um it's not open to the public. you
[36:16] you're a have to be a duespaying member,
[36:19] you know, and
[36:22] um they can they can
[36:25] better manage themselves.
[36:28] Um and they would qual qualify for being
[36:32] exempt from those fees instead of having
[36:35] to pay they already would be able to
[36:37] exempt themselves from the
[36:39] state fee uh uh tax. And this this would
[36:44] further exempt them from the city's um
[36:46] amusement redemption machine tax or or
[36:49] fee of $1,000 per year per
[36:53] machine. Um and an arm license for an or
[36:56] organization other than a nonprofit
[36:58] organization will only be granted uh for
[37:01] an arm that has a current state
[37:02] comprollers tax permit. Um we don't
[37:05] really have the personnel or the ability
[37:07] to manage and oversee and go, you know,
[37:10] doortodoor to all the
[37:14] gas stations or different um areas that
[37:17] have these machines and that will
[37:20] require that um the the state also has
[37:24] the ability and it aligns with city's
[37:28] oversight. Um, currently,
[37:33] uh, currently there's some machines that
[37:36] don't have the
[37:37] states licensing or
[37:41] certification. And so, we're not going
[37:44] in there trying to police or verify that
[37:46] are they registered with the state, call
[37:49] the state and and, you know, and report
[37:52] them to the state.
[37:54] um we will only provide that uh
[37:58] licensing or registration if they have a
[38:00] state license and registration which
[38:01] there's already a process a
[38:03] long-standing process for
[38:05] that. That's that's the best about the
[38:07] best I
[38:10] can bring this you know as far as what
[38:13] what this ordinance does. Um, it's just
[38:16] a lot of obscurity
[38:18] between these machines going in and
[38:21] around town and us trying to know
[38:25] whether they're legally placed placed or
[38:27] not. Um, and we found out that the state
[38:31] already has a process for oversight of
[38:34] that. And so that way we're not
[38:37] approving something that the state
[38:38] hasn't approved.
[38:41] Okay? Because they're supposed to report
[38:42] and and you know pay a tax. um and you
[38:46] know a fee for that.
[38:49] Well, I I personally
[38:53] um I would have to do a little bit more
[38:56] research um because we did discuss this,
[38:59] but
[39:00] um yeah, um I would have to do a little
[39:03] more research for me to get a better
[39:06] understanding on how we need to move
[39:09] forward with this. So, with that being
[39:12] said, I would just um say that we uh
[39:17] postpone
[39:18] uh voting on this tonight, bring it back
[39:21] to our next meeting.
[39:25] Um put on the next agenda and that's up
[39:29] to council. It's just to go by the what
[39:31] the state does. Is that what you want? I
[39:34] mean, this is I want to review it for
[39:36] myself so I can make sure I got a clear
[39:38] understanding. I hear [name], but I need
[39:41] to know for myself. I just I didn't
[39:43] believe him. Okay.
[39:46] I hear [name]. This is this is been put
[39:49] together based on recommendations from
[39:51] our code enforcement
[39:53] um and our city attorney after full full
[39:57] review to make sure that it was
[39:58] compliant with state law. that. But
[40:00] that's about the most I can give you
[40:02] because like I say, that's that's my
[40:04] depth of of understanding on this as
[40:06] well is that it complies with state law
[40:09] and um it passes our city attorney's
[40:11] review. So that's all I can give y'all.
[40:14] But I understand your concern. So
[40:16] that'll be a I would just say that we
[40:18] just I mean unless y'all understand it,
[40:24] but I would prefer to uh review it so I
[40:27] can get a better understanding of the
[40:28] machines, how they work, what what's
[40:30] going on with the coin operated machine,
[40:33] what's the difference between the uh
[40:34] amusement redemption machine? I don't
[40:36] know.
[40:38] that would be a valiant effort and I
[40:40] would I would
[40:42] um commend you on learning that because
[40:44] it's it's a tough situation and it
[40:46] changes daily. Like they'll come out
[40:48] with a new regulation where it used to
[40:51] be called an amusement redemption and
[40:52] but instead of paying out certain gs or
[40:55] store prizes, they'll give you iTunes or
[40:58] and then you can go back the next day
[41:00] and cash them. They they it's a moving
[41:03] target. Yeah. So that's about the best I
[41:06] can understand this entire situation. So
[41:10] So basically, so these machines, they
[41:12] don't receive monies. They just receive
[41:14] gifts. They're supposed to supposed to
[41:18] supposed to. So that's that's what I'm
[41:20] at. So we get a something from So we we
[41:24] So we is this considered gambling or
[41:26] you've always had a problem as to
[41:28] whether or not they're using them to
[41:29] gambling. Yeah, that's what I'm asking.
[41:31] Of course, that's a separate question
[41:33] from what I know
[41:35] here in the DA's office and in the
[41:37] county attorney's office constantly
[41:39] trying to investigate and see if they're
[41:41] paying out in money instead of gifts or
[41:47] something that a different issue.
[41:51] That's why we don't change nothing other
[41:54] than uh like a nonprofit.
[41:58] So they have a nonprofit like the Elks,
[42:01] they don't have to pay our fee. Uh
[42:03] because it's a nonprofit. Everybody else
[42:06] still has to pay. All you gas stations
[42:09] has to pay. It's just the nonprofit.
[42:13] Uh and it aligns the ordinance with
[42:15] state state definition. That way we can
[42:18] make sure that we're speaking the same
[42:21] definition. So what kind of revenue what
[42:22] kind of what kind of payment are they?
[42:24] Did you say they were making
[42:28] $1,000 a machine? So it's so the ARM the
[42:32] ARM licensing and inspection fee is
[42:34] a,000 per machine. Um for coin operated
[42:37] it's $60 per machine for the state tax
[42:40] and $15 for the city tax per machine.
[42:43] Um, and arms have to have the coin
[42:46] operator
[42:47] machine certification and then they have
[42:50] to have an ARM licensing and inspection
[42:53] fee where we have to go and verify that
[42:57] um the numbers align with what they're
[43:00] permitted for and and everything.
[43:05] So, I'll make a motion to bring the
[43:08] ordinance language ordinance code
[43:11] language up to date with the states u
[43:13] representation of that.
[43:17] I second.
[43:21] I'll approve. So, we have a we have a
[43:23] motion and a second uh for um this
[43:26] ordinance. So, just to clarify that you
[43:30] that you're approving this ordinance
[43:32] amendment. Yes. Okay. And I second all
[43:40] approved against.
[43:47] Okay. Okay.
[43:50] Okay. I get a that's it for tonight.
[43:54] Thank y'all for coming. Uh get a motion
[43:57] to adjurnn.
[44:00] Motion to adjurnn. Second.
[44:14] Oh, Jesus.
