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[Call to Order]

[00:00:08]

GOOD EVENING AND WELCOME TO THE APRIL 20TH, 2021 REGULAR MEETING OF THE GARLAND CITY COUNCIL, WE ARE CONTINUING TO MEET IN A VIRTUAL SETTING.

AS YOU CAN SEE, ALL APPLICANTS AND PARTICIPANTS HOPEFULLY HAVE REGISTERED WITH US AND ARE ABLE TO JOIN US ONLINE.

AND WE WILL GET YOU CUED UP WHEN THE ITEM COMES FORWARD THAT YOU ARE HERE TO SPEAK ON.

AND YOU CAN USE THE RAISE YOUR HAND FEATURE OR THE *9 FEATURE IN THE ZOOM PLATFORM IF YOU'RE CALLING IN BY PHONE.

AND WE'LL TALK MORE ABOUT THE SPEAKER REGULATIONS WHEN WE GET TO THAT.

IT IS THE CUSTOM AND TRADITION OF THIS CITY COUNCIL TO HAVE AN INVOCATION IN RECITAL OF THE PLEDGE OF ALLEGIANCE PRIOR TO THE BEGINNING OF OUR MEETINGS LED BY ONE OF OUR COUNCIL MEMBERS. AND TONIGHT WE WILL BE LED BY DEPUTY MAYOR PRO TEM MORSE FROM DISTRICT TWO MA'AM. THANK YOU, MAYOR.

IF YOU WOULD CARE TO PLEASE JOIN ME IN PRAYER.

COVID INFECTIONS AND DEATHS AND INCREASING HOPE.

THANK YOU FOR DEFENDING OUR DEFENDERS IN POLICE, FIRE AND THE MILITARY.

PLEASE CONTINUE TO STAND BETWEEN THEM IN DANGER AS THEY DAILY STAND BETWEEN US AND DANGER. AND THANK YOU FOR THE FREEDOM WE ENJOY IN THIS NATION.

HELP US TO VALUE IT AND TO VALUE EACH OTHER AS BEING MADE IN YOUR IMAGE.

TONIGHT, WE ASK FOR WISDOM IN OUR DELIBERATIONS IN JESUS NAME.

AMEN. PLEASE JOIN ME IN THE PLEDGE.

TO THE REPUBLIC FOR WHICH IT STANDS.

ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU MA'AM.

I DO NOT HAVE ANY ANNOUNCEMENTS OR PROCLAMATIONS AND ANYTHING FOR THIS EVENING, SO WE WILL GO AHEAD AND JUMP INTO OUR AGENDA.

THE FIRST ITEM EXCUSE ME, THE FIRST ITEM ON OUR AGENDA TONIGHT IS OUR CONSENT AGENDA.

[Consent Agenda]

ALL ITEMS UNDER THIS SECTION ARE RECOMMENDED FOR APPROVAL BY A SINGLE MOTION OF COUNCIL WITHOUT DISCUSSION.

COUNCIL HAS HAD THE OPPORTUNITY TO REVIEW EACH OF THESE ITEMS AT A PREVIOUS WORK SESSION IN APPROVAL OF THE CONSENT AGENDA AUTHORIZES THE CITY MANAGER TO IMPLEMENT EACH ITEM.

I WILL ANNOUNCE THE AGENDA AND GIVE PROVIDE OPPORTUNITY FOR MEMBERS OF THE AUDIENCE OR THE COUNCIL TO ASK THAT AN ITEM BE REMOVED AND CONSIDERED SEPARATELY.

AND TONIGHT'S COUNCIL MEMBER AUBIN HAS REQUESTED THAT WE PULL ITEM FIVE AND CONSIDER IT.

SO HERE IS THE REMAINDER OF THE AGENDA.

AND I WILL TELL YOU THE VERY LAST ITEM ON THIS AGENDA IS A DOOZY.

SO IT'S GOING TO TAKE ME A LITTLE BIT OF TIME TO READ THROUGH IT.

ITEM ONE, CONSIDER APPROVAL OF THE MINUTES OF THE APRIL 6TH, 2021 REGULAR MEETING.

ITEM TWO CONSIDER APPROVAL OF THE FOLLOWING BIDS TWO A DESIGN SERVICES FOR WATSON PARK, IMPROVEMENTS TWO B PROFESSIONAL SERVICES FOR TUCKERVILLE PARK, DEVELOPMENT TWO C COMMON AREA PAVING AT SKATE PARK TWO D CONSTRUCTION MATERIAL TESTING FOR SHILOH ROAD FROM IH 635 TO KINGSLEY ROAD TWO E GP&L LOOKOUT SUBSTATION CAPACITOR BANKS TWO F COMMERCIAL CORRIDOR DESIGN SERVICES TWO G.

TRANSPORTATION, MAINTENANCE AND OPERATIONS FACILITY RENOVATION.

CONSTRUCTION SERVICES TWO H.

ACCESS CONTROLS FOR POLICE PROPERTY AND EVIDENCE BUILDING TWO I LANDFILL BULLDOZER REBUILD TWO J.

REPLACEMENT VEHICLES FOR PARKS AND EWS DEPARTMENT TWO K REPLACEMENT VEHICLES FOR GP&L AND PARKS DEPARTMENT TWO L GALE FIELDS RECREATION CENTER CONSTRUCTION SERVICES TWO M DOWNTOWN GARLAND PEDESTRIAN CROSSING IMPROVEMENTS TWO N ROOF REPLACEMENTS FOR GALE FIELDS RECREATION CENTER AND HEAD START CHILD CARE CENTER TWO O TMPA KEITH SWITCH TO STEEP HOLLOW TRANSMISSION LINE CONDUCTOR ITEM THREE.

A PUBLIC HEARING WAS PREVIOUSLY CONDUCTED FOR THE FOLLOWING ZONING CASE.

COUNCIL APPROVED THE REQUEST AND INSTRUCTED STAFF TO BRING FORWARD THE FOLLOWING ORDINANCE FOR CONSIDERATION.

ITEM THREE A ZONING FILE NO.

Z 20-42, II STEPHENS DEVELOPMENT, LLC (DISTRICT 5). ITEM FOUR REQUEST FOR DEVELOPMENT ASSISTANCE FROM MICROPAC INDUSTRIES INC..

I WILL SKIP ITEM FIVE, ITEM SIX PARTNERSHIP AGREEMENT BETWEEN THE GARLAND HOUSING FINANCE

[00:05:03]

CORPORATION AND THE CITY OF GARLAND TO ADMINISTER DONATED GHFC FUNDING ITEM SEVEN CONSIDER BY MINUTE ACTION, THE APPROVAL OF THE APPROVAL OF TWO PURCHASE AND RELOCATION ASSISTANCE AGREEMENTS NEGOTIATED TODAY WITH THE PROPERTY OWNERS AND TENANTS IN THE AGGREGATE AMOUNT OF TWO HUNDRED AND EIGHT THOUSAND DOLLARS EXCUSE ME.

ITEM EIGHT COUNCILORS REQUESTED TO CONSIDER BY MINUTE ACTION THE APPROVAL OF TWO PURCHASE AGREEMENTS NEGOTIATED TO DATE WITH THE PROPERTY OWNERS IN THE AGGREGATE AMOUNT FOUR HUNDRED AND SIXTEEN THOUSAND ONE HUNDRED DOLLARS EXCUSE ME, ITEM NINE CONSIDER BY MINUTE ACTION AUTHORIZING THE MAYOR TO EXECUTE AND CONVEY THE EASEMENT TRACT TO FARMERS ELECTRIC COOPERATIVE. IN THE AMOUNT OF THIRTY TWO THOUSAND NINETY DOLLARS ITEM TEN CONSIDER BY MINUTE ACTION APPROVING THE EASEMENTS RELATED TO THE HINTON LANDFILL GAS TO ENERGY PROJECT. ALL RIGHT, THE LAST ITEM, ITEM ELEVEN.

CONSIDER AN ORDINANCE OF THE CITY OF GARLAND, TEXAS, APPROVING AND AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION.

COMMERCIAL PAPER NOTES SERIES 2021 IN AN AGGREGATE PRINCIPAL AMOUNT AT ANY ONE TIME OUTSTANDING NOT TO EXCEED FIFTY MILLION DOLLARS, TO PROVIDE INTERIM FINANCING, TO PAY PROJECT COSTS FOR ELIGIBLE PROJECTS, AND TO REFUND OBLIGATIONS ISSUED IN CONNECTION WITH AN ELIGIBLE PROJECT AUTHORIZING SUCH SHORT TERM OBLIGATIONS TO BE ISSUED, SOLD AND DELIVERED IN VARIOUS FORMS, INCLUDING COMMERCIAL PAPER NOTES AND A BANK NOTE AND PRESCRIBING THE TERMS, FEATURES AND CHARACTERISTICS OF SUCH INSTRUMENTS.

APPROVING AND AUTHORIZING CERTAIN AUTHORIZED OFFICERS AND EMPLOYEES OF THE CITY TO ACT ON BEHALF OF THE CITY IN SELLING AND DELIVERY OF SUCH SHORT TERM OBLIGATIONS WITHIN THE LIMITATIONS AND PROCEDURES SPECIFIED HEREIN MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THERE WITH PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TAX'S SUFFICIENT TO PAY THE INTEREST ON COMMERCIAL PAPER NOTES AND A BANK NOTE AND TO CREATE A SINKING FUND IN THE REDEMPTION OF A BANK NOTE, RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALES, SECURITY AND DELIVERY OF COMMERCIAL PAPER NOTES, INCLUDING THE APPROVAL OF AN ISSUING AND PAYING AGENT AGREEMENT, A REIMBURSEMENT AGREEMENT, A FEE LETTER, AND THE DEALER AGREEMENT APPROVING THE USE OF AN OFFERING MEMORANDUM IN CONNECTION WITH THE SALE FROM TIME TO TIME OF SUCH SHORT TERM OBLIGATIONS AND PROVIDING AN EFFECTIVE DATE.

WOW. AND SO THAT IS THE CONSENT AGENDA MINUS ITEM FIVE, IS THERE ANYONE WHO WOULD LIKE TO HAVE ANY OF THOSE ITEMS PULLED AND CONSIDERED SEPARATELY? SEEING NONE. MAYOR, ARE YOU READY FOR ME TO MAKE A MOTION? SORRY. OK, TRY TO GET TO THE BUTTON.

OK, THANK YOU, MAYOR.

I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED WITH THE EXCEPTION OF ITEM FIVE.

I HAVE A MOTION BY DEPUTY MAYOR PRO TEM MORRIS AND A SECOND BY COUNCIL MEMBER MCNEAL TO APPROVE THE CONSENT AGENDA AS PRESENTED WITHOUT ITEM FIVE.

EACH FOR DISCUSSION COUNCIL, PLEASE VOTE.

AND THAT IS APPROVED UNANIMOUSLY, SO WE WILL JUMP BACK TO ITEM FIVE, THIS IS

[5. Use of Community Development Block Grant (CDBG) Funding for the Demolition of 1922 Castle Drive in Partnership with the Garland Housing Finance Corporation]

USE OF COMMUNITY DEVELOPMENT BLOCK GRANT CDBG FUNDING FOR THE DEMOLITION OF 1922 CASTLE DRIVE IN PARTNERSHIP WITH THE GARLAND HOUSING FINANCE CORPORATION.

WE DID WE DID DISCUSS THIS ITEM LAST NIGHT.

WE HAD REPRESENTATIVE, A REPRESENTATIVE FROM GHFC PRESENT WITH US AND COUNCIL MEMBER AUBIN SUGGESTED SOME AMENDMENTS TO THE CONTRACT WHICH HAVE BEEN INCLUDED IN WHAT IS PRESENTED TONIGHT AND GHFC IS IN AGREEMENT.

SO COUNCILMAN ROBERT.

THANK YOU, MAYOR COUNCIL. I DON'T KNOW IF I ASSUME ALL HAD THE CHANCE TO LOOK OVER THE CHANGES THEY'RE FAIRLY, FAIRLY SIMPLE, JUST ENSURING THAT THE CITY WOULD, AFTER SPENDING THIS MONEY, THE CITY WOULD CONTINUE TO HAVE A VOICE IN THE EVENT THAT GHFC DECIDED THAT THEY NEEDED TO SELL THE PROPERTY.

THEY WOULD HAVE A SEAT AT THE TABLE ON THAT DISCUSSION TO CONSENT TO THAT.

AND SO WITH THAT MAYOR, I MOVE THAT WE APPROVE.

ITEM FIVE. THE AMENDED VERSION THATS CIRCLING AROUND THE COUNCIL, I DON'T KNOW IF STEFANIE'S GOING TO READ THAT OUT OR ANYTHING LIKE THAT, I THINK WE'VE ALL GOT IT.

[00:10:03]

SO I THINK WE'RE GOOD. WE SHOULD HAVE ALL RECEIVED IT.

SO HOW ABOUT MOTION BY COUNCIL MEMBER AUBIN AND SECONDED BY COUNCIL MEMBER WILLIAMS. I THINK COUNCIL MEMBER.

WILLIAMS, YOU HAVE YOUR HAND UP.

GO AHEAD, SIR. THANK YOU.

THANK YOU, MAYOR. I JUST HAD ONE QUICK QUESTION FOR COUNCILMAN AUBIN.

OK, GO AHEAD. ON PAGE TWO.

WE'RE TALKING ABOUT THE FINANCIAL AUDIT AND THE TIME FRAME FOR THE SUB RECIPIENT.

TO CLEAR ALL ITEMS, THE 30 DAYS IS THAT IS THAT HOW DO WE COME UP WITH THAT ? I GUESS WHAT I'M SAYING IS 30 DAYS ENOUGH TIME, YOU KNOW, HOW DO WE COME UP WITH THAT? WHAT IF THEY DON'T DO IT IN 30 DAYS? THEN I'M GOING TO DEFER TO STAFF ON THAT BECAUSE I HAD NO ROLE IN ANY OF THAT.

DRAFTING OF THE ONLY THING I HAD AN INVOLVEMENT ON WAS THE ONE AMENDMENT THAT WE MENTIONED. SO I LET MR. ENGLAND CAN. I'VE GOT IT.

I'VE GOT ATTORNEYS POPPING UP ON MY SCREEN RIGHT AND LEFT.

OH, OK. OK. ALL RIGHT.

WELL, I'M GOING TO LET MR. ENGLAND. VERY GOOD.

GO AHEAD. COUNCIL MEMBER WILLIAMS. THAT THIRTY DAYS WAS NEGOTIATED BETWEEN THE PARTIES.

MY UNDERSTANDING FROM STAFF THAT THAT 30 DAYS WILL GIVE TIME TO CLEAR UP ANY DEFICIENCIES. AND IF THEY DO NOT CLEAR UP THOSE DEFICIENCIES AND THEN IT'S CONSIDERED A BREACH UNDER THIS CONTRACT AND IT COULD RESULT IN FUTURE WITHHOLDING OF PAYMENTS.

OK, OK. BUT BOTH PARTIES AGREED TO THAT 30 DAY WINDOW.

THAT'S CORRECT. OK, I'M OK.

I'M GOOD WITH THAT. THANK YOU MAYOR.

ALL RIGHT, SO BACK UP, I HAVE A MOTION BY COUNCIL MEMBER AUBIN, AND I THINK I SAW A SECOND BY COUNCILMAN VERA TO APPROVE THIS, TO APPROVE THIS ITEM, VOTING FOR ME TONIGHT IN ITS AMENDED VERSION WITHOUT ANY FURTHER DISCUSSION.

COUNCIL, PLEASE VOTE.

AND THAT ITEM IS APPROVED UNANIMOUSLY.

THANK YOU. SORRY, A LOT OF PAPER SHUFFLING HERE, I UNDERSTAND THAT WILL MOVE ON TO ITEMS FOR INDIVIDUAL CONSIDERATION. ANYONE WISHING TO SPEAK FOR OR AGAINST OR ON AN AGENDA ITEM, LIKE I SAID EARLIER, HOPEFULLY HAS REGISTERED WITH US AND IS IN THE QUEUE.

AND WE WILL RECOGNIZE SPEAKERS AS THE ITEMS COME FORWARD.

APPLICANTS WILL HAVE 10 MINUTES TO MAKE THEIR PRESENTATION.

ANY SUBSEQUENT SPEAKERS AFTER THAT WILL HAVE THREE MINUTES.

IN THE ZONING CASES, IF THERE ARE QUESTIONS THAT COME UP AFTER THE CITIZEN COMMENTS, WE WILL GRANT TIME FOR THE APPLICANT TO ADDRESS THOSE.

ALL RIGHT. EXCUSE ME.

THE FIRST ITEM UNDER THIS IS ITEM 12.

[12. Consider a resolution of the City of Garland, Texas, authorizing the use of eminent domain for the acquisition of property rights for the construction and operation of a municipal fire complex in Garland, Dallas County, Texas; providing authorizations to acquire such property rights by condemnation and making certain findings pertaining thereto; providing further authorizations as may be necessary to carry out the purposes of the resolution; and providing an effective date.]

CONSIDER A RESOLUTION OF THE CITY OF GARLAND, TEXAS, AUTHORIZING THE USE OF EMINENT DOMAIN FOR THE ACQUISITION OF PROPERTY RIGHTS, FOR THE CONSTRUCTION AND OPERATION OF A MUNICIPAL FIRE COMPLEX IN GARLAND, DALLAS COUNTY, TEXAS, PROVIDING AUTHORIZATIONS TO ACQUIRE SUCH PROPERTY RIGHTS BY CONDEMNATION AND MAKING CERTAIN FINDINGS PERTAINING THERE TO PROVIDING FURTHER AUTHORIZATIONS AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF THE RESOLUTION AND PROVIDING AN EFFECTIVE DATE.

AND I BELIEVE WE HAVE EXCUSE ME, WE HAVE TWO COUNCIL MEMBERS WHO ARE RECUSING FROM THE SIDE OF OR NOT. I BELIEVE COUNCILMAN SMITH AND COUNCILMAN MCNEAL ARE RECUSING THEMSELVES FROM THIS ITEM. ANY DISCUSSION ON THIS ITEM, IS THERE ANY ONE WHO WOULD LIKE TO SPEAK ON THIS ITEM. I SEE NONE THANK YOU MAYOR PRO TEM, THANK YOU MAYOR.

DO WE NEED TO WAIT FOR COUNCILMAN MCNEAL TO EXIT? COUNCILMAN IF YOU COULD JUST POP OUT FOR US FOR A SECOND, WE'D, APPRECIATE IT.

THANK YOU. OK, THANK YOU.

I DIDN'T SEE THEM. OK, I JUST WANT TO MAKE SURE HE WASN'T OK.

SO JUST FOR ANYONE WATCHING THE LANGUAGE I'M GOING TO BE READING IS REQUIRED BY LAW.

SO IT'S LENGTHY AND IT HAS TO BE DONE.

EXACTLY. SO AND I WILL BE MAKING THIS MOTION AND THE ONE TO FOLLOW AS WELL, BECAUSE MY TWO COLLEAGUES WHO WOULD NORMALLY BE INVOLVED WITH THIS ARE HAVING TO BE RECUSED.

SO MAYOR I MOVE THAT THE CITY COUNCIL OF THE CITY OF GARLAND, TEXAS, AUTHORIZE THE USE OF

[00:15:03]

THE POWER OF EMINENT DOMAIN TO ACQUIRE THE FOLLOWING PROPERTIES LOCATED IN THE CITY OF GARLAND, DALLAS COUNTY, TEXAS, 406,410, AND 441 FORD, LOT'S 9 AND 10 AND BLOCK E OF THE FIRST INSTALLMENT.

COOPER'S ADDITION, IN ADDITION TO THE CITY OF GARLAND, DALLAS COUNTY, TEXAS, ACCORDING TO THE MAP THEREOF, RECORDED IN VOLUME 7, PAGE 423 OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS, AND LOT 1 IN BLOCK D OF THE FIRST INSTALLMENT.

COOPER'S ADDITION, AN ADDITION TO THE CITY OF GARLAND, DALLAS COUNTY, TEXAS, ACCORDING TO THE MAP THEREOF, RECORDED IN VOLUME 7, PAGE 423 OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS, ALSO 414 HICKS, LOT 6 IN BLOCK H OF THE SECOND INSTALLMENT.

COOPER'S ADDITION, IN ADDITION TO THE CITY OF GARLAND, DALLAS COUNTY, TEXAS, ACCORDING TO THE MAP THEREOF, RECORDED IN VOLUME 7, PAGE 443 OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS, FOR THE CONSTRUCTION OF A MUNICIPAL FIRE COMPLEX.

MY MOTION INCLUDES APPROVAL OF THE PROPOSED RESOLUTION AND INTENDS THAT THE RECORD VOTE ON THIS MATTER APPLIES TO ALL UNITS OF PROPERTY TO BE CONDEMNED.

THANK YOU, MA'AM. AND I HAVE A MOTION BY DEPUTY MAYOR PRO TEM MORRIS, A SECOND BY COUNCIL MEMBER AUBIN COUNCIL.

YOU ALL HEARD THE WORDING AND I WON'T EVEN BEGIN TO TO TRY TO REPEAT IT.

ARE THERE ANY QUESTIONS ON THIS ITEM.

WITH THAT COUNCIL, PLEASE VOTE.

AND LET THE RECORD REFLECT THAT THERE ARE SEVEN AFFIRMATIVE VOTES AND NO NAYS.

AND WE WILL MOVE ON TO ITEM THIRTEEN, CONSIDER A RESOLUTION OF THE CITY OF GARLAND,

[13. Consider a resolution of the City of Garland, Texas, authorizing the use of eminent domain for the acquisition of property rights for the construction and expansion of a public right-of-way, Naaman School Road, in Garland, Dallas County, Texas; providing authorizations to acquire such property rights by condemnation and making certain findings pertaining thereto; providing further authorizations as may be necessary to carry out the purposes of the resolution; and providing an effective date.]

TEXAS, AUTHORIZING USE OF EMINENT DOMAIN FOR THE ACQUISITION OF PROPERTY RIGHTS, FOR THE CONSTRUCTION AND EXPANSION OF A PUBLIC RIGHT OF WAY, NAAMAN SCHOOL ROAD IN GARLAND, DALLAS COUNTY, TEXAS, PROVIDING AUTHORIZATIONS TO ACQUIRE SUCH PROPERTY RIGHTS BY CONDEMNATION AND MAKING CERTAIN FINDINGS PERTAINING THERETO, PROVIDING FURTHER AUTHORIZATIONS AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF THE RESOLUTION AND PROVIDING AN EFFECTIVE DATE.

MA'AM, YOU'RE ON DECK.

YES, SIR. AND IT LOOKS LIKE COUNCILMAN SMITH IS BACK WITH US, BUT I BELIEVE THIS IS THE ITEM HE'S RECUSED FROM.

NO NAAMAN SCHOOL, NO, NO, ALL RIGHT, MAYOR, I MOVE THAT THE CITY COUNCIL OF THE CITY OF GARLAND, TEXAS, AUTHORIZED THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE THE FOLLOWING PROPERTY LOCATED IN THE CITY OF GARLAND, DALLAS COUNTY, TEXAS, 227 EAST BRAND AND 229 EAST BRAND BEING ALL THE CERTAIN TRACKS BEING SITUATED IN THE SURVEY. I HAVE NO IDEA IF THAT'S CORRECT.

ABSTRACT NUMBER 2 PAGE 55 TRACKED 22 ACRES 0.19 AND TRACKED 36 ACRES 0.2875 . DALLAS COUNTY, TEXAS, WHERE THE EXPANSION OF AND CONSTRUCTION OF IMPROVEMENTS TO A CERTAIN PUBLIC RIGHT OF WAY COMMONLY KNOWN AS NAAMAN SCHOOL ROAD.

MY MOTION INCLUDES APPROVAL OF THE PROPOSED RESOLUTION AND INTENDS THAT THE RECORD VOTE ON THIS MATTER APPLIES TO ALL UNITS OF PROPERTY TO BE CONDEMNED.

VERY GOOD. WE HAVE A MOTION BY DEPUTY MAYOR PRO TEM MORRIS, SECOND BY COUNCILMAN SMITH.

YOU'VE ALL HEARD ALL OF THE WORDING.

AND I'LL ASK IS THERE ARE THERE ANY QUESTIONS OR DISCUSSION ON THIS ITEM.

SEEING NONE COUNCIL PLEASE VOTE.

AND LET THE RECORD SHOW THAT THAT IS APPROVED UNANIMOUSLY WITH NINE AFFIRMATIVE.

THANK YOU ALL VERY MUCH. WE WILL MOVE ON TO ITEM 14.

WE WILL NOW MOVE INTO OUR PUBLIC HEARINGS ON ZONING CASES.

COUNCIL MEMBER ROBIN, THIS IS IN YOUR DISTRICT.

IT'S IN THREE PARTS.

[Items 14A - 14C]

ALL RIGHT. WE WILL PROCESS THEM ALL TOGETHER.

THAT IS ITEM 14A CONSIDER A ZONING PLAN, DEVELOPMENT REQUEST BY RODOLFO V.

HERRERA ELIZALDE TO ALLOW AN APPROXIMATELY 700 SQUARE FOOT GUESTHOUSE TO BE LOCATED BEHIND

[00:20:03]

THE PRIMARY HOUSE.

THIS SITE IS LOCATED AT 1544 FLORES DRIVE IN DISTRICT 5.

14B IS CONSIDERED A SPECIFIC USE PROVISION REQUEST ON THIS BY THE SAME APPLICANT ON THE SAME PROPERTY. ITEM 14 C IS CONSIDER A DETAILED PLAN ON THE SAME APPLICANT AND SAME PROPERTY. AND JUST LIKE MAGIC, MR. GUERIN PULLS THE PULLS THE PRESENTATION UP.

YES, SIR. THANK YOU, MAYOR COUNCIL.

YOU SEE MY SCREEN OK. YES SIR.

OK, THIS IS A PROPOSAL FOR AN APPROXIMATELY SEVEN HUNDRED SQUARE FOOT GUEST HOUSE TO BE LOCATED BEHIND A PRIMARY HOUSE.

AND THIS REQUEST DOES INVOLVE A PLANNED DEVELOPMENT, A SPECIFIC USE PROVISION AND A SITE PLAN. THE LOCATION IS 1544 FLORES DRIVE AND THE ACREAGE IS APPROXIMATELY .415 ACRES, WHICH ROUGHLY TRANSLATES TO ABOUT EIGHTEEN THOUSAND SQUARE FOOT LOT.

THE ZONING IS A SINGLE FAMILY 7 SF7.

HERE'S THE GENERAL LOCATION OF THIS PROPERTY.

AND HERE'S A MORE SPECIFIC SUBJECT OR LOCATION MAP OF THE SUBJECT PROPERTY OUTLINED IN TEAL. AS YOU CAN SEE IN THE SUBJECT PROPERTY AND ITS SURROUNDING AREA, IS ZONED SF7 AND IS DEVELOPED AS A SINGLE FAMILY NEIGHBORHOOD.

YOU CAN SEE THE EXISTING HOUSE PRIMARY HOUSE ON THE SUBJECT PROPERTY HERE, AND THE PROPOSED GUEST HOUSE WOULD BE LOCATED BEHIND THE HOUSE, THE BACKYARD.

THE COMPREHENSIVE PLAN IDENTIFIES THIS AREA AS TRADITIONAL NEIGHBORHOODS, WHICH ESSENTIALLY TRANSLATES TO MOSTLY SINGLE FAMILY RESIDENTIAL NEIGHBORHOODS, LOW TO MODERATE DENSITY, WITH SOME SUPPORTIVE USES THAT SUPPORT SINGLE FAMILY RESIDENTIAL DEVELOPMENT AS WELL. HERE ARE SOME PHOTOS OF THE SITE.

THE TOP LEFT CORNER IS THE PROPOSED LOCATION OF THE GUEST HOUSE ON THE PROPERTY.

THIS IS A STREET VIEW ON THE UPPER RIGHT HAND CORNER STREET VIEW OF THE PRIMARY HOUSE.

AND THEN ON THE BOTTOM, THERE ARE A FEW VIEWS OF THE SURROUNDING AREA.

THIS IS THE PROPOSED SITE PLAN FLORES DRIVE IS LOCATED OVER HERE.

THIS IS THE EXISTING HOUSE.

IT'S APPROXIMATELY THIRTEEN HUNDRED SQUARE FEET, JUST A LITTLE OVER THREE HUNDRED SQUARE FEET. AND THE PROPOSED GUEST HOUSE WOULD BE LOCATED TOWARDS THE REAR OF THE PROPERTY HERE. THE EXACT SQUARE FOOTAGE PROPOSED A SIX HUNDRED AND NINETY EIGHT SQUARE FEET.

AND THE APPLICANT WOULD IMPROVE THE DRIVEWAY SURFACE OF THIS DRIVEWAY THAT KIND OF WRAPS AROUND TO THE EAST OF THE PROPERTY HERE TO MEET CITY STANDARDS FOR THE SURFACE, FOR THE DRIVEWAY, AND THEY WOULD BE ADDING A SPACE TO ACCOUNT FOR A PARKING SPACE ON SITE PARKING SPACE FOR THE GUEST HOUSE, FOR THE GDC.

AND THEY'D BE PROVIDING A CONCRETE WALKWAY HERE TO CONNECT THE DRIVEWAY AND PARKING TO THE GUEST HOUSE. HERE ARE THE PROPOSED ELEVATIONS OF THE GUESTHOUSE.

AND THE PD PORTION OF THIS REQUEST, OF COURSE, THE MAIN TRIGGER FOR THIS REQUEST WAS THAT GUEST HOUSES REQUIRE SUPS IN SF7 ZONINGS.

THAT WAS THE MAIN TRIGGER OF THIS REQUEST.

BUT THE PLANNED DEVELOPMENT PORTION OF THE REQUEST WAS TRIGGERED DUE TO THE PROPOSED SIZE OF THE GUEST HOUSE, THE DEFINITION OF GUEST HOUSES IN THE GDC WHEN THAT'S LIMITS THEIR SIZE TO 30 PERCENT OF THE PRIMARY HOUSES SQUARE FOOTAGE.

SO IN THIS CASE, THAT CALCULATES OUT TO BE A THREE HUNDRED NINETY THREE SQUARE FEET FOR THE GDC. AGAIN, WHAT'S PROPOSED IS SIX HUNDRED NINETY EIGHT SQUARE FEET.

AND THE APPLICANT'S JUSTIFICATION FOR THE DEVIATION IS THAT THEY HAVE USABLE SPACE ON THE LOT AND WOULD LIKE TO BUILD A LARGER GUEST HOUSE FOR RELATIVES.

THE APPLICANT'S REQUEST FOR THE SUP IS FOR AN INDEFINITE TIME PERIOD, REFERENCING THE TIME PERIOD GUIDE THAT COUNCIL REVIEWED A COUPLE OF MONTHS AGO.

THE GUEST HOUSE RECOMMENDATION WAS FAIRLY BROAD.

IT RANGED FROM FIVE YEARS TO UNLIMITED, JUST BASED ON A COUPLE OF PREVIOUS GUEST HOUSE APPROVALS. STAFF'S RECOMMENDATION IS THAT THE PROPOSED GUEST HOUSE CONFORM TO THE GDC

[00:25:04]

MAXIMUM SQUARE FOOTAGE REQUIREMENT, THUS ELIMINATING THE NEED FOR A PD DISTRICT.

SO THEREFORE, STAFF RECOMMENDS DENIAL OF THE CHANGE IN ZONING FOR THE PLANNED DEVELOPMENT DISTRICT. BUT APPROVAL OF THE SUP AND APPROVAL OF THE PLAN IS SUBJECT TO CONFORMANCE WITH THE GDC.

AND THE PLANNING COMMISSION RECOMMENDED DENIAL OF ALL THREE REQUEST WITH A SEVEN TO TWO VOTE. STAFF MAILED OUT SIXTY SIX NOTIFICATION LETTERS ON HIS CASE, AND WE RECEIVED WE DID NOT RECEIVE ANY IN FAVOR.

WE RECEIVED TWO IN OPPOSITION AND THOSE WERE BOTH WITHIN THE NOTIFICATION AREA.

AND WITH THAT MAYOR, I'LL STOP THERE.

AND THANK YOU.

BE GLAD TO ANSWER ANY QUESTIONS.

ANY QUESTIONS FOR STAFF ON THIS ITEM.

I SEE. THERE WE GO.

COUNCIL MEMBER SMITH, THANK YOU MAYOR, QUICK QUESTION.

THIS IS ABOUT GUESTHOUSES IN GENERAL.

I KNOW THAT WE HAVE SOME CERTAIN RULES AROUND THE NUMBER OF PEOPLE LIVING IN THE HOUSE AND THEIR RELATION TO EACH OTHER.

DOES THAT DOES THAT RULE STAY IN EFFECT WITH AN ADDED GUEST HOUSE AS WELL? IS THAT CONSIDERED PART OF THE MAIN STRUCTURE? AND THAT'S MORE OF A CODE QUESTION, I THINK, THAN ANYTHING.

YEAH, THAT IS A GREAT QUESTION.

THE I KNOW THE GDC DOES HAVE A MAXIMUM OF UP TO FOUR UNRELATED INDIVIDUALS WHO CAN LIVE AT A RESIDENCE MAY HAVE TO LOOK INTO THAT.

I DON'T SEE WHY THAT WOULDN'T APPLY TO AN ACCESSORY DWELLING, I BELIEVE THAT IS FOR ANY TYPE OF RESIDENTIAL. OK, WELL, I'M NOT AS WORRIED ABOUT THE CURRENT APPLICANT, BUT IF THE PROPERTY WERE RESOLD AND SOMEBODY DECIDED THEY WANTED TO AIRBNB OUT THE GUESTHOUSE OR SOMETHING LIKE THAT, I'M LOOKING AT FUTURE USE AND JUST THE WAY THE PROPERTY'S HANDLED DOWN THE ROAD. SO ANYBODY FROM CODES AVAILABLE TO ANSWER THAT WOULD BE APPRECIATED.

BUT OTHERWISE, I'LL HOP OFF HERE.

THANK YOU, MAYOR. OK, DEPUTY MAYOR PRO TEM MORSE.

THANK YOU, MAYOR. WE RECEIVED THE SUPPLEMENTAL COMMENTS IN OUR IN OUR EMAIL TODAY, AND ONE OF THEM BY DONALD RIOS IS IN SPANISH.

BUT THERE WAS NO TRANSLATION PROVIDED.

SO I WOULD JUST LIKE TO KNOW IF WE HAD SOMEONE ON SITE WHO COULD ON THE COMMENT FORM TRANSLATE IT INTO ENGLISH FOR THOSE OF US WHO ARE NOT FLUENT.

LOOKING, YOU KNOW, ACTUALLY, COUNCIL MEMBER MORRIS, I'M SORRY, DEPUTY MAYOR PRO TEM WE DID, ACTUALLY, ONE OF MY STAFF MEMBERS DID TRANSLATE AT THE DAY OF THE PLANNING COMMISSION MEETING. I THINK I'VE GOT IT HERE.

APOLOGIZE FOR NOT INCLUDING THAT IN YOUR PACKETS.

YES, I'VE GOT IT HERE. I'LL READ IT TO YOU IF THAT'S OK.

THANK YOU. OH YEAH.

IT SAYS THIS IS COURTESY OF MR. DE LA VEGA, WHO DID A QUICK TRANSLATION FOR ME, SAYS, QUOTE, IN MY OPINION, IN THE LAST 15 YEARS THAT WE HAVE LIVED HERE, THIS NEIGHBORHOOD HAS BEEN VERY QUIET.

I THINK THIS PROPOSAL WOULD BE DETRIMENTAL TO US AS PROPERTY OWNERS.

RIGHT. THANK YOU VERY MUCH.

OK, VERY GOOD.

COUNCIL MEMBER WILLIAMS. THANKS. THANK YOU, MR. MAYOR. MR. GUERIN, I DON'T I DIDN'T SEE WHERE IT TALKS ABOUT GUEST HOUSE, ANYTHING THAT SAYS ABOUT THE LENGTH OF STAY, I KNOW THERE'S AN ITEM IN HERE IS ABOUT THE ISSUE PAYING FOR THAT.

BUT WHAT? WHEN YOU USE THE TERM GUEST HOUSE, IS THAT THREE YEARS, FIVE YEARS, TEN YEARS, OR THAT JUST SORT OF COINCIDES IF WE WERE TO APPROVE IT THE LENGTH BASED ON THE SUP, I DIDN'T SEE ANY DEFINITION.

I DID SOME CHECKING TO GDC AND DIDN'T SEE ANY.

SO ANY ANY GUIDANCE ON THAT YOU DIDN'T MISS ANYTHING.

IT WOULD JUST DEFER TO THE SUP TIME PERIOD.

NOW, THE GDC ORIGINALLY, WHEN IT WAS ADOPTED, DID HAVE, I BELIEVE, A ONE YEAR MAXIMUM, BUT THAT WAS REMOVED A FEW YEARS AGO BECAUSE, FRANKLY, IT WAS NOT IT WAS NOT ENFORCEABLE.

AND THAT WAS SOMETHING IN WORKING WITH THE CITY ATTORNEY'S OFFICE, THEY RECOMMENDED REMOVING THAT. SO YES, SIR, THERE'S NOT REALLY A MAXIMUM TIME PERIOD FOR THE RESIDENTS TO STAY THERE OTHER THAN DEFERRING TO THE TIME PERIOD OF THE GDC, IF THERE IS ONE OR I'M SORRY, THE SUP. OK.

[00:30:01]

ALL RIGHT, THANKS, SIR. THANK YOU, MR. MAYOR. SIR, ANY ADDITIONAL QUESTIONS FOR STAFF? I ASSUME WE DO HAVE THE APPLICANTS HERE WITH US.

SIR, IF YOU CAN UNMUTE YOURSELF AND I WILL ASK IF YOU CAN GIVE US YOUR NAME AND ADDRESS FOR THE RECORD AND YOU'LL HAVE 10 MINUTES TO MAKE YOUR PRESENTATION.

I AM ACTUALLY RAUL LOPEZ.

I MR. RODOLFO WAS THE CONTRACTOR, OK? AND SO I'M STEPPING IN MY FATHER IN LAW I'VE BEEN LIVING THERE FOR OVER 20 YEARS IN THAT AREA.

A LITTLE BACKGROUND.

FIRST OF ALL, THANK YOU FOR YOUR TIME.

MY GRANDFATHER HAS BEEN A MINISTER AT THE CHURCH ON ANITA RIGHT THEREBUT I'M SPEAKING FOR THE FAMILY TODAY.

WE HAD A BIT OF A MAYBE A LANGUAGE BARRIER OR JUST MISUNDERSTANDING WITH OUR CONTRACTOR WHO WAS TALKING WITH THE PLANNED COORDINATOR.

THE REASON FOR THE SIX HUNDRED NINETY EIGHT SQUARE FEET.

HE WAS UNDERSTOOD THAT IT WAS 30 PERCENT OF THE LOT AND NOT UNDERSTANDING IT WAS 30 PERCENT OF THE AREA.

SO WE WERE FINE WITH THE THREE HUNDRED AND NINETY THREE BECAUSE IT'S NOT A LIVING AREA.

IT'S JUST AN AREA FOR FAMILY WHO COME.

WE HAVE FAMILY IN CHICAGO, FAMILY IN CALIFORNIA WHO SPEND A COUPLE OF WEEKS JUST GO AROUND PEOPLE THAT ARE FAMILY THAT'S RETIRED THEN SPEND SOME TIME OVER HERE.

WE'VE ACTUALLY CONVERTED A COUPLE OF CALIFORNIANS TO GARLANDITES NOW.

BUT YES, THAT'S IT WAS A.

STEPPING IN BECAUSE THERE WAS A MISCOMMUNICATION DUE TO THE THINKING IT WAS A LOT SIZE AND NOT THE ACTUAL AREA SIZE.

OK, DO YOU HAVE ANY ADDITIONAL DETAILS FOR US AND WE'LL GET TO SOME QUESTIONS.

I SEE SOME CONFUSED LOOKS ON SOME FACES, SO I'M NOT SURE WHERE THE QUESTIONS ARE HEADED, BUT I'M SURE THEY'RE COMING.

THEY CAN COME, I'LL DO MY BEST TO TRY TO GIVE A GOOD ANSWER.

WE HAVE WE STARTED OFF A FEW MONTHS AGO WITH BELIEVE WE'VE INVESTED ABOUT 5000 DOLLARS WITH THE PLANS, THE SURVEYS.

WE WANT TO DO EVERYTHING CORRECT.

RIGHT. WE DON'T WANT TO CHEAT OR DO ANYTHING THAT'S UNLAWFUL OR NOT RIGHT.

WHEN WE HAD THE MISCOMMUNICATION FROM THE LOT SIZE AND THE AREA SIZE, THE PLANNED COORDINATOR DID REQUEST THAT WE COULD DO A PLAN DEVELOPMENT APPLICATION.

SO WE PAID I THINK IT WAS AN ADDITIONAL THOUSAND DOLLARS FOR THE THE PLANNED DEVELOPMENT APPLICATION, WHICH WAS A REQUEST.

SO, YOU KNOW, WE TOOK THE REQUEST AND HAVE GONE TO THIS POINT WHERE WE'RE AT RIGHT NOW.

OK, ALL RIGHT.

VERY GOOD SIR. OK, WE'LL OPEN IT UP FOR QUESTIONS, COUNCIL, ANY QUESTIONS FOR THE APPLICANT? COUNCIL MEMBER WILLIAMS. THANK YOU, MAYOR, THANK YOU, SIR, FOR COMING DOWN TONIGHT.

THANK YOU FOR THE CLARIFICATION.

AND MY QUESTION TO YOU IS, WHAT DO YOU ANTICIPATE THE OCCUPANCY PERIODS IF THIS IS APPROVED TONIGHT OR YOU CAN YOU TALK A LITTLE BIT ABOUT THAT OR ARE WE TALKING ABOUT WE'RE TALKING ABOUT SIX MONTHS TWELVE MONTHS.

CONCESSIVE BACK TO BACK, CAN YOU JUST ENLIGHTEN US? HE SAID YOU SAID YOU'RE DOING THIS PROJECT, YOU KNOW, SO THAT RELATIVES CAN HAVE PLACES TO STAY. CAN YOU ENLIGHTEN US ON WHAT PERIODS WHEN LENGTHS ARE YOU TALKING ABOUT ARE YOU TALKING ABOUT ESSENTIALLY THIS GUESTHOUSE BEING PERMANENTLY OCCUPIED CAN YOU JUST ENLIGHTEN US A LITTLE BIT ON THAT, PLEASE, SIR? YES. NO, JUST A GUEST HOUSE HOW WE PLAN TO AS I'VE SAID AND I THINK I'M SHORTCHANGING MY IN-LAWS. I THINK THEY'VE BEEN THERE LONGER THAN 20 YEARS.

THERE'S NO INTENTIONS TO SELL THE HOUSE TO EVER MOVE OR MAKE ANY MONEY OFF OF THIS GUESTHOUSE. THERE'S NO AIRBNB INTENTIONS.

IT'S JUST A JUST A COUPLE OF WEEKS TO FAMILY, LIKE I SAID, FAMILY FROM OUT OF TOWN TO COME HAVE A SLIGHTLY MORE COMFORTABLE ROOM FOR THEM TO STAY AT.

BUT THERE'S NO INTENTIONS TO MAKE MONEY OFF OF THIS I WOULD SAY IMPROVEMENT OR ADD ON

[00:35:09]

TO JUST TRYING TO FIX UP THE HOUSE AND JUST GIVING EVERYBODY MORE ROOM.

OK, AND ALSO THE COMMENT THAT CAME FROM ONE OF THE NEIGHBORS CONCERNED ABOUT THE NOISE AND ET CETERA. CAN YOU SPEAK TO WHAT OVERSIGHT'S? WELL, THE THE OWNERS STEPS WHERE THEY TAKE TO ENSURE THAT NEIGHBORS DON'T INCUR DISRUPTIONS TO THE NEIGHBORHOOD, LOUD MUSIC, NOISE AND EXTRA CARS AND THOSE KIND OF THINGS. CAN YOU ADDRESS THAT, THAT.

YES. RESIDENTS CONCERNED, PLEASE.

YES. NO.

LOUD MUSIC OR OR NOISE FROM US.

WE'RE ACTUALLY SPEAKING TO OUR NEIGHBORS.

MS. HAZEL, MR. JAMES DOBBS, WHO LIVE RIGHT NEXT DOOR TO US, WHO HAVE BEEN THERE, AS EQUALLY AS LONG AS MY IN-LAWS HAVE BEEN AND THEY WERE EXCITED.

AND, YOU KNOW, IF THEY WERE GRANTED PERMISSION BY ALL TO TO HAVE THAT AND THEN ADD ON SO THAT THE WHOLE FAMILY, YOU KNOW, IS THERE AROUND, THEY'VE WE'VE BEEN AROUND, LIKE I'VE SAID, FOR 20 PLUS YEARS.

BUT NOISE WISE, NO, I ACTUALLY CAN'T EVEN PUT THE TV INSIDE THE HOUSE PAST 10.

SO NO NOISE VOLUME ISSUES FROM US.

THANK YOU, SIR. THANK YOU, MR. MAYOR. SIR, EXCUSE ME, ANY ADDITIONAL QUESTIONS FOR THE APPLICANT? I SEE NONE. IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK ON THIS ITEM MR. NEIGHBOR. YES, SIR, LET ME WEIGH IN HERE.

I GUESS I NEEDED CLARIFICATION FOR HOW WE ASKING FOR HERE IS, IS THE APPLICANT.

I'M SORRY, ARE YOU ALL HEARING ME? YES, SIR. WE'RE JUST ALWAYS SEEING THE LOWER HALF OF YOU, YOUR HEAD YEAH, WELL.

ALL RIGHT, YEAH, IF I COULD GET SOME CLARIFICATION FROM THE APPLICANT, BECAUSE WHAT HAPPENS IF THERE IS A VOTE IN HIS FAVOR? WE'RE GOING TO HAVE TO DRAFT SOMETHING UP, AS I UNDERSTAND WHAT THE APPLICANT WAS SAYING OR THE APPLICANTS REPRESENTATIVE.

THEY'RE OK WITH A GUEST HOUSE THAT WOULD CONFORM TO THE SIZE LIMITATIONS OF THE CURRENT SIZE LIMITATIONS OF THE GDC.

THEY DO NOT NEED THE 700 SQUARE FOOT REQUEST.

THAT'S CORRECT. WE WENT WITH THAT 698 WITH THE MISUNDERSTANDING, THAT CONTRACTOR THOUGHT IT WAS THE 30 PERCENT OF THE LOT SIZE AND WE WERE ALWAYS IN FAVOR IF THE PERCENTAGES WHICH OUR MATH WAS THE THREE NINETY, BUT IT'S THREE NINETY THREE.

THAT'S WHAT WE WERE.

VERY WELL, WE WERE GOOD WITH BECAUSE, AS WE SAID, IT'S NOBODY'S GOING TO LIVE THERE WE'RE NOT GOING TO RENT IT OUT, IT'S JUST THE PLACE FOR GUESTS TO STAY.

I APPRECIATE THAT.

THANK YOU. I WILL NOT EVER PRESUME WHAT THE COUNCIL IS GOING TO DO AS FAR AS THE VOTE, BUT IF THEY GRANT YOUR REQUEST, GIVEN THAT SIZE LIMITATION, YOU MAY HEAR SOMETHING THAT SOUNDS LIKE A DENIAL, BUT BEAR WITH IT, BECAUSE THERE'S GOING TO BE TWO MOTIONS HERE IF IT GOES IN THE DIRECTION I'M ANTICIPATING.

BUT I APPRECIATE THAT CLARIFICATION.

WE CAN IF YOU HAVE A VOTE IN YOUR FAVOR, WE'LL GET IT CLARIFIED WHEN WE GET THAT ORDINANCE PUT TOGETHER ONCE AGAIN.

THANK YOU. THANK YOU VERY MUCH, SIR.

THANK YOU, SIR. OK, COUNCIL MEMBER ROBIN.

AND YOUR ON MUTE. I'M ON MUTE, FRED'S HALF OUT OF THE FRAME.

WE'RE DOING GREAT AFTER I GUESS THIS QUESTION IS FOR MR. NEIGHBOR, JUST BASED ON OUR.

IF WE APPROVE THIS, I MEAN, THE FACT THAT WE CALL IT A GUEST HOUSE DOES NOT.

AND WE CAN'T LIMIT REALLY WHO'S THERE.

I MEAN, I THINK WE NOMINALLY HAVE A LIMIT ABOUT WHETHER YOU CAN CHARGE MONEY FOR IT OR SOMETHING, BUT EVEN THAT'S EFFECTIVELY UNENFORCEABLE.

[00:40:05]

WELL, IT'S DIFFICULT TO ENFORCE, BUT THAT DOESN'T MEAN UNENFORCEABLE SO THE ISSUE HERE A GUEST HOUSE WITHIN THE GDC.

WE DO ALLOW THOSE.

AND THAT'S WHAT'S BEEN OUTLINED BY THE IN THE STAFF REPORT AS FAR AS CONVERTING IT TO SOME MORE COMMERCIAL USE.

LETS SAY THAT THEY'RE RENTING IT OUT ON A CONSISTENT BASIS, THEN THAT WOULD BE A DIFFERENT USE. IT WOULD BE A VIOLATION OF THE ZONING ORDINANCE.

NOW, COULD WE PROVE THAT CASE? CONCEIVABLY, YES.

AND THAT WOULD BE A ZONING VIOLATION.

AND WE COULD DO SOMETHING ABOUT THAT, THE AIRBNB ASPECT OF IT.

AND FOR THE APPLICANT, WE'RE NOT NECESSARILY TALKING ABOUT THIS APPLICANT OR HIS IN LAWS, BUT LETS SAY THAT IF SOMEBODY BUYS THAT HOUSE AND DECIDES THEY'RE GOING TO RENT OUT THAT SPACE AS AN AIRBNB.

THAT'S A CHALLENGE TOO.

BUT RECALL THAT WE HAVE SOME REGULATIONS AS FAR AS SHORT TERM RENTALS IN PLACE.

IT WOULD REQUIRE A LODGING PERMIT FOR THAT SPACE.

IT WOULD REQUIRE COMPLIANCE WITH OUR LODGING ORDINANCE PROVISIONS.

IT ALSO WOULD REQUIRE THEM TO REGISTER AND PAY TAXES ON THAT USE.

GOING BACK A LITTLE BIT.

AND ACTUALLY WE HAVEN'T GONE INTO THE FULL BLOWN EFFORTS TO REGULATE SHORT TERM RENTALS, BUT WE DO HAVE SOME REGULATIONS ON THE BOOKS THAT I THINK WOULD MITIGATE THE DESIRE TO RENT THIS OUT ON AN AIRBNB BASIS OF FULL ON COMMERCIAL BASIS THAT WE'RE AS FAR AS RENTING IT OUT AS A SEPARATE HOUSE.

YOU WOULDN'T BE ABLE TO DO THAT.

IT HAS TO BE A GUEST HOUSE GUERIN IF THEY.

AS I SAID, I DON'T HAVE THE MEASUREMENTS HANDY OF THE LOT, I MEAN, IF THEY DIDN'T BUILD THE GUESTHOUSE, THEY COULD ADD ON TO THE HOUSE.

IS THAT CORRECT? THAT'S CORRECT.

IT'S A PRETTY SIZABLE LOT, SO THAT'S A POSSIBILITY, YES, SIR.

AND IN ADDITION, WOULD NOT BE.

AND I'VE SEEN SOME PRETTY BIG ADDITIONS TO HOUSES IN THESE NEIGHBORHOODS THAT WOULD NOT BE LIMITED TO 30 PERCENT, IS THAT CORRECT? CORRECT. THAT'S THAT'S EXCLUSIVE TO THE ACCESSORY DWELLING.

YES, SIR. AND ARE YOU REQUIRED TO ADD PARKING IF YOU EXPAND THE PRIMARY DWELLING? I DON'T BELIEVE SO.

IF IT'S JUST ADDING ON TO THE HOUSE THAT'S STAYING ATTACHED.

NO, I DON'T BELIEVE THAT WOULD REQUIRE ADDITIONAL PARKING.

A DRIVEWAY, THAT SORT OF THING.

OK, THE FACT THAT WE DON'T IF WE WERE TO.

I'M TRYING TO THINK OF IF WE WERE TO.

IF THEY'RE WILLING TO MEET THE LIMITS IN THE GDC FOR THE SIZE, WE'RE APPROVING SUP FOR THAT, DO WE STILL NEED A DETAILED PLAN? DO THEY STILL DO THEY NEED TO COME BACK TO US? I MEAN, CAN WE DO THAT TONIGHT OR DOES THAT COME BACK TO US WITH A NEW PLAN OR HOW DOES THAT GO? WHAT WE'VE DONE BEFORE, IT DOESN'T HAPPEN REAL OFTEN.

BUT YES, I THINK HOW I WOULD SEE THIS GOING IS THE PD REQUEST IS DENIED BECAUSE THERE'S NO NEED OR REQUEST FOR DEVIATION SUP WOULD BE APPROVED AND THE PLAN COULD BE APPROVED WITH A CONDITION THAT IN THE ORDINANCE, IF THE APPLICANT IS WILLING TO REVISE HIS DRAWINGS TO JUST SIMPLY SHOW THE REVISED SQUARE FOOTAGE, WE CAN JUST MAKE IT CLEAN AND BRING BACK THE ORDINANCE WITH THE CORRECTED PLAN AND THEN IT'S CLEAN AND GOOD TO GO.

SOMETIMES THAT MAY, WHETHER IT COMES BACK IN TWO WEEKS, IF THEY HAVE LITTLE MORE TIME TO DRAW THAT UP, YOU KNOW, IT MAY BE NEEDED AFTER THAT, BUT.

THAT'S WHAT I WOULD SUGGEST.

THANK YOU, MR. GUERIN. THANK YOU MAYOR.

THANK YOU SIR. IS THERE ANY ADDITIONAL QUESTIONS FOR THE APPLICANT? COUNCIL MEMBER MCNEAL. THANK MR. MAYOR, THANK YOU, MR. LOPEZ, FOR JOINING US THIS EVENING.

AND THANK YOU FOR COMING TO JOIN US.

JUST A QUICK QUESTION.

I UNDERSTAND THAT THERE WAS A MIX UP ON THE LANGUAGE BETWEEN THE CONTRACTOR AND WHOMEVER YOU WERE SPEAKING WITH. WERE YOU ABLE TO SHARE THAT WITH THE PLANNING COMMITTEE, THAT PLANNING AND ZONING COMMISSION? THAT THAT WAS A MIX UP AND I HAVE DONE I DID TALK TO THE CONTRACTOR THAT WE HAD, WE WERE

[00:45:10]

GOING TO DO WHATEVER THE CITY WOULD ALLOW US TO DO.

THAT'S WHY WE WHEN SHE HAD SPOKE TO US ABOUT DOING THE PLANNED DEVELOPMENT APPLICATION, THAT'S WHEN WE PAID FOR THAT FEE TO DO THAT, EVEN THOUGH IF WE WERE GETTING AS FAR AS WE KNEW WAS A REQUEST, YOU KNOW, WE REQUESTED GOT DENIED.

BUT, YOU KNOW, WE HAD TOLD HIM THAT WE WERE WILLING TO DO WHATEVER THE CITY WOULD ALLOW US TO DO. THANK YOU.

ALL RIGHT, IT LOOKS LIKE WE HAVE CLEARED THE QUEUE ON THIS SIDE OF COUNCIL.

COUNCIL MEMBER ROBIN. YOU'RE ON MUTE.

AND TWICE THE SAME NIGHT.

THANK YOU, MAYOR. I DON'T KNOW IF WE WANT TO BREAK IT INTO THE THREE PIECES, I THINK, AND JUST DO AN OMNIBUS, WHATEVER, BUT I THINK FOR JUST FOR CLARITY ON THIS ONE, WE PROBABLY NEED TO GO BACK TO THE SEPARATE ITEMS JUST TO MAKE SURE WE GET EVERYTHING WHERE WE NEED IT TO BE. FAIR ENOUGH.

I WOULD LIKE TO TRY AND GET THIS ONE RIGHT.

BUT LET ME SAY THIS, I INTEND TO MAKE THE THREE MOTIONS AND I THINK THEY NEED TO BE THE DENIAL, THE DENIAL OF THE YOU KNOW, I HAD THIS ALL SET UP HERE A MINUTE AGO, THE DENIAL OF THE PD. APPROVAL OF AN SUP FOR A TERM OF FIVE YEARS.

FOR THE I KNOW YOU ASKED FOR UNLIMITED BUT BUT HERE'S BUT APPROVAL FOR FIVE YEARS, A FIVE YEAR SUP, AT THE THREE HUNDRED NINETY THREE SQUARE FEET.

MY POINT ON THE FIVE YEARS BEING THAT I WANT TO MAKE SURE THAT WE'RE APPROVING SOMETHING THAT WE'VE GOT SEVERAL OF YOUR NEIGHBORS WHO OPPOSE.

I JUST WANT TO BE ABLE FOR THIS TO COME BACK TO COUNCIL IN FIVE YEARS.

AND SO IF THE NEIGHBORS ARE LIKE, OH, NO, NO, IT'S YOU KNOW, IT'S A NON STOP KEG PARTY OVER THERE TYPE THING, THEN.

AND I HAVEN'T RECEIVED AN INVITATION TO THAT THEN, YOU KNOW, AND THEN THERE'S AN OPPORTUNITY FOR THAT TO COME BACK.

AND SO THAT'S MY THOUGHT ON THAT.

AND THEN I THINK STAFF COULD CORRECT ME IF I'M WRONG IN THAT.

I GUESS FOR FOR THE THIRD ITEM, WE WOULD APPROVE.

I APOLOGIZE, WE WERE TO APPROVE THAT SUBJECT TO THE REVISED DETAILED PLAN COMING FORWARD FOR THE APPROVAL OF THE ORDINANCE THAT COMPLIES WITH THE GDC AT THREE HUNDRED AND NINETY THREE SQUARE FEET. DOES THAT SOUND ABOUT RIGHT, MR. GUERIN YOU COULD JUST NOD YOUR HEAD.

YOU DON'T HAVE TO JUMP IN.

OK, ALL RIGHT.

OK, LET ME JUMP BACK REAL QUICK.

COUNCIL MEMBER WILLIAMS YOU'RE IN THE QUEUE.

MAYOR, THAT'S MY SECOND TO COUNCILMAN.

OK, SO LET'S START OFF WITH MOTION NUMBER ONE FOR OK, THAT'S ANOTHER.

THAT'S ANOTHER SECOND.

IF WE WANT TO DO THIS IN ONE SWOOP, I THINK YOU LAID IT OUT JUST WALKING THROUGH IT.

SO IT'S UP TO YOU, SIR.

YOU DON'T HAVE I'M HAPPY TO DO THAT AS ONE MOTION I SO MOVE.

WELL, MY SECOND APPLIES COUNCILMAN AUBIN, OK, VERY GOOD, SO I HAVE A MOTION BY COUNCIL MEMBER AUBIN AND SECOND BY COUNCIL MEMBER WILLIAMS TO DENY THE PLANNED DEVELOPMENT REQUEST TO APPROVE THE SPECIFIC USE PROVISION ON A THREE HUNDRED NINETY THREE SQUARE FOOT DWELLING FOR FIVE YEARS AND APPROVAL OF THE DETAILED PLAN TO BE SUBJECT TO THE REVISED DETAILED PLAN THAT WILL BE SUBMITTED BY THE APPLICANT AGAIN FOR THE THREE HUNDRED NINETY THREE SQUARE FOOT DWELLING.

ALL RIGHT. UNLESS THERE'S ANY FURTHER DISCUSSION COUNCIL, PLEASE VOTE.

AND THAT ITEM IS APPROVED UNANIMOUSLY.

MR. LOPEZ, I WOULD JUST ADD THAT YOU VERY GOOD SON IN LAW AND I HOPE THAT YOUR YOUR IN-LAWS AND YOUR WIFE APPRECIATE THAT.

THANK YOU. THANK YOU.

THANK YOU. THANK YOU VERY MUCH.

THANK YOU FOR COMING TO US TONIGHT AND OFFERING ALL THE CLARIFICATIONS.

WE CERTAINLY APPRECIATE IT.

THANKS FOR YOUR TIME. ALL RIGHT.

TAKE CARE. YOU TOO, EVERYBODY.

[00:50:01]

WE WILL MOVE ON TO ITEM 14 D THIS IS ANOTHER THIS IS ONLY A TWO PART.

[Items 14D & 14E]

SO 14 D CONSIDER THE SPECIFIC USE PROVISION REQUEST BY ALLIANCE ARCHITECTS INC TO RECEIVE, STORE AND DISTRIBUTE HAND SANITIZER IN EXISTING 216,335 SQUARE FOOT BUILDING.

THIS PROPERTY IS LOCATED AT 1600 SOUTH JUPITER ROAD IN DISTRICT 6.

IT ALSO INCLUDES ITEM 14 E CONSIDER A SITE PLAN REQUEST BY THE SAME APPLICANT AT THE SAME ADDRESS. AND COUNCIL MEMBER VERA CONTACTED ME EARLIER AND SAID HE WOULD LIKE TO DO MR. GUERIN. YES, COUNCIL MAYOR.

OK, SO THIS IS AN APPROVAL OF AN SUP AND SITE PLAN FOR A HIGH-RISK USE CASE OF 1600 SOUTH JUPITER.

MAYOR AND COUNCIL I WANTED TO GO AHEAD AND MENTION UP FRONT THE REPORT PRIMARILY FOCUSES REALLY JUST ON THE HAND SANITIZER PRODUCT, AND THAT IS THE VAST MAJORITY OF WHAT THE APPLICANT PROPOSES TO HAVE IN THIS STORAGE ROOM AND KIND OF WHAT TRIGGERED THIS REQUEST THIS EVENING. BUT IT WAS BROUGHT TO OUR ATTENTION TO SOME OF THERE ARE SOME OTHER CLEANING AND SANITIZATION TYPE PRODUCTS, SUCH AS FLOOR CLEANER, CARPET CLEANER, EVEN AIR FRESHENER THAT WOULD BE STORED AS WELL.

FIRE IS AWARE OF THIS.

IT DOES NOT AFFECT THE SAFETY PROTOCOLS THAT WOULD BE REQUIRED TO BE PUT IN PLACE AS A RESULT OF THIS HIGH-RISK USE CASE.

IT DOES NOT AFFECT STAFF RECOMMENDATIONS.

SO AND I BELIEVE THE APPLICANT OR SOMEONE FROM THE ECOLAB INDICATED WE'RE TALKING NINETY FIVE OR NINETY SIX PERCENT HAND SANITIZER, BUT JUST WANTED TO MENTION SOME OF THOSE OTHER KIND OF DISINFECTANT TYPE PRODUCTS THAT IT WOULDN'T NECESSARILY BE EXCLUSIVELY HAND SANITIZERS. I APOLOGIZE.

THAT WASN'T BROUGHT IN OR CAPTURED IN THE STAFF REPORT.

APPLICANT CAN EXPAND ON THIS, BUT I BELIEVE MY UNDERSTANDING IS THEY DISTRIBUTE THIS TO OTHER INDUSTRIES SUCH AS HOTELS, RESTAURANTS, OTHER INDUSTRIES FOR VARIOUS SANITATION PRODUCTS. AND WITH THAT MAYOR I'LL JUMP INTO THE PRESENTATION AND THE DETAILS OF THE CASE. THE LOCATION IS 1600 SOUTH JUPITER ROAD THE OWNER IS ECOLAB AND THE OVERALL SITE IS JUST UNDER 12 ACRES.

THE SITE IS ZONED INDUSTRIAL.

THIS IS THE GENERAL LOCATION OF THE SUBJECT PROPERTY.

AND HERE IS THE MORE SPECIFIC LOCATION MAP SUBJECT PROPERTY, AS OUTLINED IN TEAL, IT'S A FAIRLY NEW NEWLY CONSTRUCTED BUILDING, AS YOU CAN SEE HERE, AND OF COURSE, THE SUBJECT SITE AND THE MAJORITY OF THE SURROUNDING AREA IS ZONED INDUSTRIAL.

AND A COMPREHENSIVE PLAN IDENTIFIES INDUSTRIAL AS WELL, INDUSTRY CENTERS.

AND THIS PROPOSAL CONTRIBUTES TO THE INDUSTRY EMPLOYMENT SECTOR AS THE PRIMARY FUNCTIONAL ACTIVITY PROPOSED AS A WAREHOUSE FOR RECEIVING AND STORING PRODUCTS AND SHIPPING AND DISTRIBUTING THESE PRODUCTS, THERE WOULD BE NO MANUFACTURING ON SITE.

THIS WOULD BE RECEIVING, STORING AND DISTRIBUTING ONLY.

HERE'S SOME PHOTOS OF THE SUBJECT PROPERTY, THE LEFT PHOTO IS THE SUBJECT PROPERTY, AND THE PHOTO ON THE RIGHT IS ACROSS THE STREET, ACROSS JUPITER ROAD.

AND HERE ARE SOME OF THE NEARBY BUILDINGS ON THE EAST SIDE OF JUPITER.

HERE'S THE OVERALL SITE PLAN BUILDING, AS OUTLINED IN THIS HASHMARK HERE WITH SOME EXISTING PARKING, EXISTING LANDSCAPING ON THE SITE AS WELL, THE PROPOSED STORAGE ROOM WOULD BE LOCATED HERE.

TOWARDS THE WEST SIDE OR FRONT, THE FRONT SIDE OF THE BUILDING.

AND HERE'S I WANTED TO ZOOM IN OF THE STORAGE ROOM WHERE THE PRODUCTS WOULD BE STORED IN THE STORAGE ROOM IS APPROXIMATELY TEN THOUSAND SQUARE FEET IN SIZE, WHICH IS ACTUALLY LESS THAN FIVE PERCENT OF THE TOTAL BUILDING FOOTPRINT.

THE OVERALL BUILDING FOOTPRINT IS A LITTLE OVER TWO HUNDRED AND SIXTEEN THOUSAND SQUARE FEET. THE APPLICANT REQUESTS THE SUP TO BE IN EFFECT UNTIL SEPTEMBER 30TH, 2029, THEY REQUESTED THIS PARTICULAR DATE, WHICH IS THE LENGTH OF ECOLABS CURRENT LEAST AT THE FACILITY, AND THE REQUEST IS A SUP ONLY NO GDC DEVIATIONS ARE BEING REQUESTED WITH THIS

[00:55:03]

APPLICATION. STAFF'S RECOMMENDATION IS APPROVAL OF THE SUP AND PLAN FOR HIGH RISK USE, THE PROPOSED OPERATION WILL CONTINUE TO BE REVIEWED BY THE FIRE MARSHAL'S OFFICE AND IS REQUIRED TO COMPLY WITH THE PROPOSED CONDITIONS AND REQUIREMENTS OF THE APPLICABLE FIRE AND BUILDING CODES. AND THE PLANNING COMMISSION, WITH THE VOTE OF NINE TO ZERO, RECOMMENDED APPROVAL OF BOTH THE SUP AND PLAN REQUEST AS WELL.

STAFF SENT OUT ONE HUNDRED AND FOUR NOTIFICATION LETTERS, WE RECEIVED TWO IN FAVOR AND TWO IN OPPOSITIONS AND ALL OF THOSE WERE WITHIN THE NOTIFICATION AREA.

AND AS A REMINDER, WE HAVE BEGUN NOTIFYING OUT TO A THOUSAND FEET FOR HIGH RISK USE CASES. AND MAYOR ACTUALLY AT THIS TIME.

I'M GOING TO GO AHEAD AND HAND IT OVER TO CHIEF LOVETT FROM THE FIRE DEPARTMENT, WHO I BELIEVE IS HERE TO. YES, I SAW HIM IN THE QUEUE.

OK. WELL, GOOD EVENING, MAYOR AND COUNCIL, LET ME ADJUST THIS SO I DON'T GET TO SHINE YOUR HEAD IN YOUR EYES.

SO WE HAVE REVIEWED THIS APPLICANT'S PLAN AND IT MEETS THE THE CODE REQUIREMENTS THIS APPLICANTS IS GOING TO BE STORING FINISHED PRODUCT IN THAT IN THAT ROOM.

THESE PRODUCTS WILL BE STORED IN THE ORIGINAL CONTAINERS.

SO THERE'S NOT GOING TO BE ANY PROCESSING OR MIXING OF THESE PRODUCTS.

SO THEY'RE GOING TO REMAIN CLOSED THE WHOLE TIME.

THE PRIMARY HAZARD OF THESE PRODUCTS IS THAT THEY'RE A FIRE HAZARD AND THE MAJORITY OF THE PRODUCTS THAT ARE GOING TO BE IN THAT ROOM ARE HAND SANITIZERS.

AND AS I'VE MENTIONED BEFORE, THAT'S A BIG DEAL NOWADAYS IS HAND SANITIZER STUFF.

THE APPLICANT HAS ADDRESSED THE FIRE DEPARTMENT'S CONCERNS.

AND IN REGARD TO DETAILS TO THE PLAN, I WILL DEFER TO THE APPLICANT.

DO YOU HAVE ANY QUESTIONS FOR ME, COUNCIL? ANY QUESTIONS FOR STAFF? WOULD BE THEY PLANNING OR FIRE COUNCIL MEMBER MCNEAL? THANK YOU, HEY CHIEF. HOW ARE YOU? I'M DOING ALL RIGHT.

GREAT, GREAT. I KNOW YOU INDICATED THAT, YOU KNOW, THEY'VE ADDRESSED ALL OF YOUR CONCERNS, SO NO CONCERNS WITH THE EQUIPMENT OR CLOTHING OR NO CONCERNS ABOUT THAT AT ALL? NO, WE TALKED ABOUT EQUIPMENT AND CLOTHING AND SO THE EQUIPMENT.

SO WHENEVER THEY'RE DOING THIS, THEY'LL USE SPECIFIC FORKLIFT MADE TO BE ABLE TO USE IN THIS ATMOSPHERE. SO WE DID DISCUSS THAT.

OK, AND THEN FINALLY VENTILATION, ANY CONCERNS ALONG VENTILATION? NO. THIS NOT ONLY WILL IT BE VENTILATED, IT'S ALSO HAS A SPRINKLER SYSTEM, NOT ONLY IN THE WAREHOUSE, THERE'S A SPRINKLER SYSTEM IN THE CEILING OF THIS ROOM.

AND THERE'S ALSO RACKS IN THIS ROOM SIMILAR TO IF YOU WERE TO GO TO HOME DEPOT, LOWE'S AND IN THESE RACKS ARE SPRINKLER SYSTEMS ALSO.

SO, YEAH, WE FEEL PRETTY GOOD ABOUT IT, SIR.

THANK YOU, SIR.

COUNCIL MEMBER VERA. THANK YOU, MAYOR.

WELL, THANK YOU FOR THE PRESENTATION, CHIEF LOVETT, I APPRECIATE WHAT YOU DID.

AND THIS IS IN THE OLD RAYTHEON CAMPUS.

ALSO, THE ORIGINAL COMPANY.

I MEAN, NOT THE ORIGINAL, BUT WHERE THEY DO THIS PROJECT IS ON DISTRICT FIVE.

WHERE THEY DO ALL THIS, THEY BRING IT HERE AND THEY STORE IT AND THEN THEY IT'S A DISTRIBUTION CENTER UP TOWARD THE FACILITY AND IT'S.

A REAL KEPT CLEAN FACILITY, AND I MEAN, IT IMMACULATE.

AND. THAT'S ALL I'VE GOT TO SAY.

THANK YOU. SO SOUNDS LIKE WE HAVE SOME INTRA DISTRICT COMMERCE GOING ON, SO LET'S REVIEW.

ALL RIGHT. ANY ADDITIONAL QUESTIONS FOR STAFF? WE DO HAVE THE APPLICANTS CUED UP.

I SEE NO ONE ELSE IN THE QUEUE.

GO AHEAD, SIR. IF YOU COULD GIVE US YOUR NAME AND ADDRESS FOR THE RECORD.

YES, SIR. FIRST OFF, THANK YOU, EVERYONE, FOR ALLOWING US TO BE HERE TONIGHT AND FOR CONSIDERING OUR REQUEST FOR THE SUP MY NAME IS CARLOS SAROJA.

[01:00:04]

I AM WITH ALLIANCE ARCHITECTS AND I'M REPRESENTING ECOLAB IN THIS.

AND WE'RE JUST ASKING FOR A CHANGE IN THE SUP HERE.

AND WE WANT TO APPRECIATE THE FACT THAT CHIEF LOVETT REALLY WORKED WITH US ON IT IN REVIEWING THIS PROCESS AND WHAT WE HAD AND WHAT WE HAVE DONE THROUGH THAT.

AND WE'VE TAKEN ALL HIS RECOMMENDATIONS TO HEART AND ARE IMPLEMENTING EVERYTHING THAT HE HAS SUGGESTED IN ADDITION TO THE TO THE CODE THAT'S THERE.

SO ANY QUESTIONS THAT YOU HAVE, I'LL BE MORE THAN HAPPY TO ANSWER, AND I'M NOT SURE.

BUT I THINK TOM FLEMING WITH ECOLAB IS ALSO ON BOARD, I THINK.

HE I SEE ANOTHER I SEE ANOTHER ENTRY IN THE LIST UNDER YOUR NAME IS ECOLAB. YES.

OK, I HAVE OPENED THE LINE ON OUR END, IF YOU CAN UNMUTE YOURSELF.

YOU KNOW, HE WAS FOR A MINUTE.

THERE WE GO, ALMOST, ALMOST THERE.

THERE WE GO. YEAH, I JUST WANTED START OFF SAYING THANK YOU.

THANK YOU ALL FOR HEARING OUR CASE TODAY.

MY NAME IS TOM FLEMING.

I LIVE AT 2525 CARLISLE STREET DOWN IN DALLAS, TEXAS.

BUT I WORK FOR ECOLAB. I HAVE WORKED FOR ECOLAB FOR THE LAST SIX YEARS AND WE'RE REALLY EXCITED ABOUT THIS PROJECT.

ANY QUESTIONS YOU MAY HAVE FOR NOT FOR ME OR ANYTHING, BUT WE DO WHAT PRODUCTS WE STORE ARE MORE THAN WILLING TO ANSWER THOSE.

ON TOP OF THAT, IF ANY OF YOU WOULD LIKE TO COME BY THE FACILITY AND HAVE A TOUR FOR IT YOURSELF. WE'RE ALSO MORE THAN WILLING TO ACCOMMODATE THAT AS WELL.

WE'D LOVE THAT. VERY GOOD.

VERY GOOD. ALL RIGHT, COUNCIL, ANY QUESTIONS FOR THE APPLICANTS OR APPLICANT? I HAVE NO ONE IN THE QUEUE, IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK ON THIS ITEM.

SEEING NONE, MR. VERA THANK YOU, MAYOR. WELL, I'LL MAKE.

14 D AND E, THE SUP BY ALLIANCE ARCHITECT AND CONSIDER SITE PLANNED BY ALLIANCE ARCHITECTS ON 1600 JUPITER RD TO APPROVE THIS MOTION.

OK, I HAVE A MOTION BY COUNCIL MEMBER VERA AND A SECOND BY COUNCIL MEMBER NICKERSON OR EXCUSE ME. I'M JUST, I'M JUST GOING TO BOTCH EVERYBODY'S NAMES MEMBER VERA NOT MR. VERA AND IT'S MAYOR PRO TEM NICKERSON, NOT COUNCILMAN NICKERSON AS OUR MOTION.

AND SECOND, THIS WOULD BE TO APPROVE ITEMS 14 D AND 14 E AS PRESENTED.

ANY ADDITIONAL QUESTIONS OR DISCUSSION? IF NOT, PLEASE VOTE.

AND THAT ITEM IS APPROVED UNANIMOUSLY.

THANK YOU, GENTLEMEN. THANK YOU VERY MUCH, COUNCILOR.

WE APPRECIATE IT, MAYOR.

AND THE GARLAND FIRE DEPARTMENT FOR ALL THEIR HELP IN THIS.

THANK YOU. I COULDN'T AGREE MORE.

THANK YOU ALL. REALLY APPRECIATE IT.

ALL RIGHT. THANK YOU, SIR.

AND THAT WILL MOVE US TO ITEM 14 F CONSIDER A REQUEST BY MVAH PARTNERS TO REZONE PROPERTY

[14F. Consider a request by MVAH Partners to re-zone the property to allow an apartment complex. This property is located at 1102 North Shiloh Road in District 8.]

TO ALLOW AN APARTMENT COMPLEX.

THIS PROPERTY IS LOCATED AT 1102 NORTH SHILOH ROAD IN DISTRICT EIGHT.

OH, YES, MAYOR, I BELIEVE IT'S IT'S EVEN IN BOLD.

SO, YES, LET ME BACKTRACK.

SO, YOU KNOW, HERE WE GO ON ITEM F THE APPLICANT HAS REQUESTED A POSTPONEMENT TILL OUR MAY 18, 2021 MEETING.

SORRY ABOUT THAT. COUNCILMEN SMITH.

YES, SIR. DO YOU NEED A MOTION TO THAT? IF SO, I MOVE THAT WE POSTPONE THAT ITEM UNTIL MAY 18TH AND THERE VERY GOOD, WE HAVE A MOTION BY COUNCIL MEMBER SMITH AND SECONDED BY COUNCIL MEMBER VĂ©RA TO POSTPONE THIS ITEM TO OUR MAY 18TH MEETING.

SORRY ABOUT THAT. NO DISCUSSION, COUNCIL, PLEASE VOTE.

AND THE MOTION IS APPROVED UNANIMOUSLY.

ALL RIGHT, THAT BRINGS US TO ITEM 15, WHICH IS CITIZEN COMMENTS, PERSONS WISHING TO

[15. Citizen comments.]

[01:05:04]

ADDRESS ISSUES NOT ON THE AGENDA MAY HAVE THREE MINUTES TO ADDRESS THE COUNCIL AT THIS TIME. COUNCIL IS PROHIBITED FROM DISCUSSING ANY ITEM NOT POSTED, ACCORDING TO THE TEXAS OPEN MEETINGS ACT.

AND I KNOW I HAVE SEVERAL WE HAVE SEVERAL FOLKS IN THE QUEUE.

FIRST SPEAKER IS JOSH GARCIA I'VE UNMUTED THE LINE.

AND IF YOU'LL GIVE US YOUR NAME AND ADDRESS FOR THE RECORD PLEASE.

THANK YOU, MAYOR JOSH GARCIA 4029 MAYFLOWER DR.

GARLAND, TEXAS 75043.

I JUST WANT TO SAY I GOT THE RECENTLY I GOT MY COVID-19 VACCINE.

I CAN SAY EVERYTHING WAS WELL ORGANIZED.

WHAT I DO HAVE TO SAY, I AM ALIVE WITH THIS VACCINE.

I REALLY FEEL LIKE THIS VACCINE WAS GREAT AND I DIDN'T FEEL ANYTHING.

SO IT WAS WELL ORGANIZED.

AND WHATEVER THE CITY OF GARLAND PUT IN THAT VACCINE, THAT WAS, IT WAS AMAZING.

SO REALLY GREAT. AND I'M GOING TO MAKE MY CITIZEN COMMENTS REALLY SHORT, BECAUSE LAST TIME WHEN I WAS AT THE ATTENTION THAT THE ONE THAT I'M SUPPOSED TO BE IN THE GISD SCHOOL BOARD MEETING TO TELL THEM HOW PROFESSIONAL, HOW HANDSOME AND PROFESSIONAL THEY ARE AND NUMBER TWO THE ANOTHER CITY COUNCIL MEMBER TOLD ME THAT I NEED TO START MAKING MY CITIZEN COMMENTS SHORT BECAUSE OR ELSE I'M GOING TO MAKE THE GARLAND CITY COUNCIL REALLY TIRED.

AND THEN I HAD ANOTHER CITY COUNCIL MEMBER TELL ME THAT IT SHOULD BE SUGGESTED THAT THE MAYOR SHOULD NEED TO START PAY ME TEN DOLLARS AN HOUR TWO SO I CAN START SPEAKING ON CITIZEN COMMENTS.

SO, YEAH, YOU KNOW, SO AND THEN AND THEN MS. RENE SAID SHE'S GOING TO START COMING TO MY HOUSE, IF I START SPEAKING, THE CITIZEN COMMENTS ARE LONGER.

SO I'M GOING TO KEEPING MY CITIZEN COMMENTS REALLY SHORT FROM NOW ON.

SO, YOU KNOW, AND THAT THAT WAS SOMETHING REALLY FUNNY.

BUT, YOU KNOW, MAYOR PRO TEM NICHOLSON, ONCE YOUR SONIC GAS STATIONS OPEN WE'LL TRY SOME CHERRY LIMEADE WITH MAYOR LEMAY, SO MAKE SURE WE'LL KEEP THAT IN MIND.

ALL RIGHT. ALL RIGHT.

THAT'S ALL I HAVE TO SAY. THANK YOU SO MUCH ITS NICE SEEING Y'ALL TODAY.

THANK YOU, SIR. MY NEXT SPEAKER IS JENNIFER ERNST, YOU GIVE US YOUR NAME AND ADDRESS FOR THE RECORD.

I'M SORRY, I WAS NOT PREPARED.

I'M DEALING WITH A FIVE YEAR OLD.

MY NAME IS JENNIFER ERNST AND I LIVE AT 813 EAST VISTA DRIVE.

I APOLOGIZE IF THERE'S ANY INTERRUPTIONS.

THE FIRST ONE IS THAT ITS COME TO LIGHT TO THE CITIZENS OF GARLAND.

THERE IS A PREGNANCY CENTER GOING INTO THE MIDDLE OF DOWNTOWN GARLAND.

AND WHATEVER OUR FEELINGS ARE ABOUT THAT OR NOT, I WOULD JUST LIKE TO SAY DRIVING AROUND DOWNTOWN GARLAND AND LOOKING AT WHAT IS THERE AND WHAT'S NOT THERE, I DON'T KNOW HOW WE WERE GOING TO HAVE THE PARKING TO HANDLE A MEDICAL CLINIC.

AND I KNOW THAT YOU CAN'T COMMENT ON THAT.

SO THAT'S ALL I'LL SAY ABOUT THAT.

UM, THE SECOND THING IS PARKING ON OUR NEIGHBORHOOD STREETS HAS BECOME OUT OF CONTROL AND I DON'T KNOW HOW TO FIX IT OR IF WE CAN FIX IT OR HOW IT CAN HAPPEN.

BUT WHEN I MOVED I MOVED FROM A REAR ENTRY HOUSE INTO A FRONT ENTRY HOUSE IN THE OTHER DAY, I WENT TO LEAVE TO GET MY SON FROM SCHOOL AT THREE O'CLOCK IN THE AFTERNOON AND I COULDN'T BACK MY TRUCK OUT OF MY DRIVEWAY BECAUSE OF THE WAY OUR DRIVEWAYS LINED UP HERE.

AND I HAD TO CALL SOMEBODY TO GO GET MY SON FROM SCHOOL.

AND THAT'S JUST NOT ACCEPTABLE.

AND I HAVE VIDEOED ME DRIVING DOWN EAST VISTA AND YOU COULD GET EASILY GET INTO A HEAD ON COLLISION BECAUSE THERE'S CURVES AND IT'S A NIGHTMARE.

SO WANTED TO SEE WHAT WE COULD DO ABOUT THAT? AND MY LAST COMMENT ON JUNE 9TH, 2019, OVER ONE THOUSAND GARLAND CITIZENS WERE WITHOUT POWER FOR AN EXTENDED PERIOD OF TIME.

I KNOW OF FIVE PEOPLE WHO HAD DEPENDENTS ON ITEMS DUE TO HEALTH TO KEEP THEM ALIVE.

THAT HAD ISSUES THAT I WAS ABLE TO LOCATE AND COMMENTS ON FACEBOOK POSTS WITHIN OUR GARLAND GROUP. THERE WERE TWO COUNCIL MEMBERS WHO WERE AWARE OF THAT ISSUE, THAT STILL SIT ON COUNCIL TODAY.

AND IT SEEMS THAT IN THE ONE YEAR, EIGHT MONTHS AND SIX DAYS THAT IT HAS BEEN BETWEEN THAT

[01:10:05]

EVENT AND THE FEBRUARY 15 EVENT, THAT OUR MEMORY GOT REAL SHORT.

AND WE ALL FORGOT THAT PEOPLE WHO ARE ON THESE TYPES OF MACHINERY NEED POWER, THAT THEY CANNOT BE WITHOUT POWER FOR EXTENDED PERIODS OF TIME.

AND AS A CITIZEN, AS A RESIDENT, AS SOMEONE WHO HAS A FAMILY MEMBER WHO REQUIRES THESE TYPES OF EQUIPMENT AND AS SOMEBODY WHO'S A USER OF GP&L.

I'M GOING TO ASK WHAT IS THE PLAN AND I'M GOING TO CONTINUE TO ASK, WHAT IS THE PLAN UNTIL WE HAVE A PLAN, BECAUSE WE'RE NOT GOING TO HAVE ANOTHER ONE YEAR, EIGHT MONTHS AND SIX DAYS WHERE WE'RE GOING TO HAVE AN ETCH A SKETCH BRAIN AND FORGET ABOUT WHAT HAS HAPPENED. THANK YOU, MR. MAYOR. THAT'S ALL I HAVE.

CANT SHUT UP MY OWN TIMER.

OUR NEXT SPEAKER IS CARY HODSON, YOU GIVE US YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE. YES, MY NAME IS CARY HODSON, 1219 SATURN SRINGS, GARLAND, TEXAS, 75041.

I CAN'T PROMISE TO BE AS HAPPY AND FRIENDLY AS JOSH WAS.

I NEED TO MEET THAT GUY.

I'M HERE TODAY ALSO TO TALK ABOUT THE PREGNANCY CENTER.

BUT FIRST OF ALL, THANK YOU FOR ALLOWING CITIZENS COMMENTS AND FOR YOUR SERVICE TO YOUR CITY. I'M ALSO HERE REPRESENTING THE GARLAND DOWNTOWN BUSINESS ASSOCIATION AS THEIR CHAIR. WE HAVE A COLLECTIVE OPPOSITION TO THIS PREGNANCY CENTER MOVING INTO OUR SQUARE.

I WANT TO MAKE SURE YOU ALL GOT THE LETTER THAT WE SENT AND ALL SIGNS.

I BELIEVE THIS COUNCIL TRULY CARES ABOUT ITS CONSTITUENTS AND THEIR OPINIONS AND THAT YOU WILL LISTEN TO US. IF THE PREGNANCY CENTER TRULY CARES ABOUT BEING ACCEPTED IN THIS COMMUNITY, THEY SHOULD LISTEN AS WELL.

TO BE CLEAR, NONE OF US ARE OPPOSED TO THE CENTER, JUST THIS SPECIFIC LOCATION.

LISTEN TO THIS LETTER SHOWING A UNANIMOUS OPPOSITION FROM THE BUSINESS ASSOCIATION.

THIS LETTER WAS POSTED ONLINE JUST A FEW DAYS AGO AND THE MAJORITY OF GARLAND CITIZENS WHO COMMENTED ARE OPPOSED TO THE CENTER.

I BELIEVE THERE'S ALSO A COUPLE PETITIONS THAT MAY HAVE BEEN STARTED AS WELL.

WE HAVE RECEIVED NO RESPONSE FROM THE CENTER SINCE THE LETTER WAS ORIGINALLY SENT TO THE COUNCIL ALMOST A MONTH AGO, DESPITE ASSURANCES FROM DEPUTY MAYOR PRO TEM WHO KIDNLY MADE SURE THAT THEY RECEIVED THE LETTER AS A BUSINESS OWNER DOWNTOWN INTRINSIC SMOKEHOUSE AND BREWERY. WE'VE BEEN FIGHTING AN UPHILL BATTLE EVER SINCE WE OPENED FIVE YEARS AGO.

IT WAS A GAMBLE TO MOVE INTO A SLEEPY DOWNTOWN.

FINALLY, DOWNTOWN IS GETTING THE REDO THAT IT NEEDS.

WE WILL HAVE TO NAVIGATE ALMOST TWO YEARS OF CONSTRUCTION NOW IF THE CENTER GOES IN.

AND WITH THAT IN MIND.

MY WIFE AND I WILL HAVE TO CONSIDER IS IT EVEN WORTH IT? SHOULD I KEEP INVESTING IN DOWNTOWN? THERE'S A GREAT SPOT IN RICHARDSON THAT I HAVE MY EYE ON AND LOTS OF WELCOMING ARMS IN OTHER CITIES. THE PUBLIC WILL HAVE TO CONSIDER IS IT WORTH INVESTING MILLIONS INTO THE SQUARE IN THE NEXT COUPLE OF YEARS? YES, WE NEED TO DO SOMETHING ABOUT THE VACANCIES DOWNTOWN.

MOVING FORWARD WITH AN ORDINANCE, A NO VACANCY ORDINANCE OR SOMETHING OF THE SORT.

THERE'S OTHER EXAMPLES OF TEXAS TOWNS DOING THAT.

BUT THAT DOESN'T MEAN THAT WE SHOULDN'T USE THE TOOLS THAT WE HAVE TODAY TO FIX THIS ISSUE BEFORE IT BECOMES A PLAGUE TO OUR DOWNTOWN.

THERE'S BEEN OTHER OFFERS ON THAT BUILDING.

THERE HAS BEEN OFFERS ON ALMOST EVERY BUILDING DOWNTOWN, INCLUDING THE JONES BUILDING.

THE KEY POINTS OF THE LETTER, IF YOU WEREN'T ABLE TO SEE IT IN YOUR EMAIL, I THINK SOMETIMES CITY BLOCKS ANYTHING FROM A BREWERY.

BUT THE KEY POINTS WHERE THERE'S NOT ADEQUATE PARKING FOR THIS USE PUBLIC PARKING IS SHARED BY ALL BUSINESSES DOWNTOWN.

THE SQUARE SHOULD BE FOR RETAIL, RESTAURANTS AND ENTERTAINMENT.

I THINK MOST CITIZENS AGREE ON THAT.

THIS IS A HIGHLY VISIBLE GATEWAY LOCATION, THE TYPE OF TRAFFIC THIS CLINIC WOULD BRING IS COUNTERPRODUCTIVE TO OUR GOALS DOWNTOWN.

THE MILLIONS OF DOLLARS AGAIN IN PRIVATE AND PUBLIC INVESTMENTS SHOULD BE CONSIDERED AND A NONPROFIT WILL TAKE THIS ASSET OUT OF THE TAX BASE, HAVING SERVED ON THE BOARD.

I CAN SEE HOW QUICKLY DETRIMENTAL THAT WOULD BE.

THIS IS JUST A BAD IDEA.

AND I. I WOULD LIKE TO KNOW WHAT'S BEING SUM UP SIR. THAT'S IT.

I JUST THINK IT'S A BAD IDEA.

OK, THANK YOU.

[01:15:04]

I HAVE ONE MORE PERSON IN THE QUEUE, AND IT IS ACTUALLY A PHONE CALLER, IT'S 972-922-1648 . I HAVE OPENED THE LINE ON OUR END.

IF YOU CAN UNMUTE YOURSELF AND GIVE US YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.

AND I BELIEVE.

TO OUR CALLER, I HAVE OPENED THE LINE ON OUR END AND IF YOU CAN UNMUTE YOUR DEVICE.

AND OR ACTUALLY, YES, AND USE THE *9 FEATURE, I BELIEVE IS THE.

ME. CAN I CAN YOU HEAR ME NOW? THERE YOU GO. THERE YOU ARE.

SORRY. IT WAS CONNECTED TO MY BLUETOOTH AND DISCONNECTED.

SO GIVE US.

ALL RIGHT. SORRY ABOUT THAT.

SO MY NAME IS TRAVIS THAT'S DALLAS, TEXAS, 75226.

SO I GREW UP IN RICHARDSON, JUST ACROSS THE STREET, JUST ACROSS JUPITER ROAD.

I'M CURRENTLY EMPLOYED IN DOWNTOWN GARLAND AND I WAS RECENTLY A RESIDENT AT THE OAKS 5TH STREET, JUST OFF THE SQUARE.

SO OVER THE YEARS, I'VE SEEN A VAST IMPROVEMENT IN THE DOWNTOWN GARLAND SQUARE.

IT'S BEEN AWESOME TO SEE AND I EXTREMELY OPTIMISTIC ABOUT THE FUTURE DOWNTOWN GARLAND THE FUTURE OF DOWNTOWN GARLAND BECOMING A DESTINATION FOR VISITORS.

UNFORTUNATELY, I BELIEVE THAT FUTURE IS IN JEOPARDY.

IT'S COME TO MY ATTENTION THAT THERE ARE PLANS FOR THE SOURCE, NORTH TEXAS DOWNTOWN PREGNANCY CENTER TO MOVE INTO PRIME REAL ESTATE ON THE SQUARE.

THIS BUSINESS IS OBVIOUSLY INAPPROPRIATE FOR THIS GATEWAY INTO THE DOWNTOWN SQUARE, WHICH IS FOCUSED ON ENTERTAINMENT.

I'M SURE THAT THERE CAN BE AN APPROPRIATE LOCATION FOR AN ADDITIONAL WOMEN'S CLINIC IN GARLAND, BUT IT'S NOT ON THE SQUARE, ESPECIALLY WHEN THERE'S ANOTHER WOMEN'S CLINIC CLINIC OPERATING JUST A HALF MILE AWAY.

THIS NONPROFIT WILL NOT CONTRIBUTE TAXES TO FURTHER IMPROVEMENTS IN THE SQUARE AND OCCUPY CENTRAL PARK BEING ACQUIRED BY DOWNTOWN BUSINESSES.

SO I BELIEVE THAT THE WORDS OF DEBORAH MORRIS, WHO ON OUR WEBSITE SAYS, QUOTE, DOWNTOWN GARLAND HAS COME TO LIFE FOR THE LAST TWO YEARS WITH NEW BUSINESSES OPENING NEW PROGRAMING ON THE SQUARE AND A LONG LIST OF COLORFUL IMPROVEMENTS, NOT TO MENTION THE FINAL APPROVAL MOVE ALL THE WAY TO DOWNTOWN SQUARE REDESIGN.

DEBORAH HAS BEEN AN OUTSPOKEN ADVOCATE FOR THE DOWNTOWN BUSINESS AND IMPROVEMENT AND HAS WORKED TIRELESSLY TO PROMOTE BUSINESS NOT ATTRACT NEW PROGRAMING ON THE SQUARE.

IT DOES NOT HELP IMPROVE THE SQUARE OR INCREASE THE QUOTE FEET ON THE STREET NEEDED BY BUSINESSES. THANKS FOR YOUR TIME, SIR.

MY NEXT SPEAKER IS SAMUEL IRBY.

MR. IRBY I HAVE OPENED THE LINE ON OUR END.

HELLO. YES, SIR, IF YOU COULD GIVE US YOUR NAME AND ADDRESS FOR THE RECORD, SAMUEL IRBY 312 BELLMEADE DRIVE GARLAND, TEXAS.

GO AHEAD, SIR. I JUST WANTED TO ASK WHEN IS THE SENIOR CENTER IS GOING TO BE OPEN, EVEN FOR A LIMITED.

BASIS EVEN TO PEOPLE THAT'S BEEN VACCINATED OR SOMETHING, BUT WE SENIORS, WE NEED SOME ACTIVITIES. SO THAT WAS BASICALLY MY QUESTION, BECAUSE THERE'S A LOT OF US THAT.

WE HAD ACTIVITIES BEFORE THIS, AND WE NEED TO GET BACK TO DOING THOSE THINGS.

VERY GOOD, SIR. WE CAN'T ANSWER QUESTIONS DIRECTLY DURING THIS SEGMENT BECAUSE THE OPEN MEETINGS ACT, BUT WE WILL HAVE STAFF REACH OUT TO YOU.

OK, THANK YOU VERY MUCH.

THANK YOU, SIR. AND MY LAST SPEAKER IS JASON LAIN.

[01:20:05]

MR. LAIN, I'VE OPENED THE LINE ON OUR END IF YOU COULD GIVE US YOUR NAME AND ADDRESS FOR THE RECORD. AND.

AM I ON MUTE EXCELLENT, EXCELLENT.

MY NAME'S JASON LANE.

I AM AT 2601 SOUTH GLENBROOK DRIVE, IN GARLAND.

AND YOU KNOW THE ONE THING THAT THAT I WANTED TO ADDRESS WAS FLOOD MITIGATION. I KNOW THAT WE'VE GOT BOND DOLLARS OUT THERE FOR FLOOD MITIGATION AND HOW THOSE ARE BEING ALLOCATED I THINK SHOULD BE ADDRESSED AND ESPECIALLY FOR ECONOMIC DEVELOPMENT.

SO THAT'S.

THAT'S ALL I HAVE TO SAY.

OK. ALL RIGHT, THANK YOU, SIR.

COUNCIL, THAT WAS MY LAST SPEAKER AND THAT WAS THE LAST PERSON IN THE QUEUE SO WITH THAT WE HAVE NOTHING ELSE COMING BEFORE US AND AT 8:21, WE ARE ADJOURNED.

THANK YOU ALL VERY MUCH. HAVE A GOOD NIGHT.

* This transcript was compiled from uncorrected Closed Captioning.