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[00:00:07]

WELL, GOOD EVENING AND WELCOME TO THE MAY 17TH, 2022 REGULAR MEETING OF THE GARLAND CITY COUNCIL.

IT IS A CUSTOMER TRADITION OF THIS COUNCIL TO HAVE AN INVOCATION AND RECITAL OF THE PLEDGE OF ALLEGIANCE.

UH, BEFORE OUR MEETING LED BY ONE OF OUR MEMBERS, UH, YOU ARE INVITED TO PARTICIPATE IF YOU SO CHOOSE.

UH, IF YOU CHOOSE NOT TO, THAT WILL HAVE NO IMPACT ON YOUR CHOICE WILL HAVE NO IMPACT ON THE DECISIONS WE MAKE HERE THIS EVENING.

AND, UH, TONIGHT, UH, WE WILL BE LED BY A COUNCIL MEMBER MORE FROM DISTRICT THREE, SIR, OPEN THE EYES OF MY HEART OR OPEN THE EYE IS MY HEART.

I WANT TO SEE, I WANT TO SEE YOU PROBABLY GOT WIENER INTO YOUR PRESENCE TONIGHT WITH THAT THEME IN MIND, OPEN THE EYES OF OUR HEART.

WHEN YOU OPEN THE EYES OF OUR HEARTS, LORD, WE SEE THOSE THINGS IN THE WORLD THAT ARE IMPORTANT TO YOU.

PEOPLE LIVING TOGETHER IN UNITY AND HARMONY, LA CONQUERING HATE POLITICAL PARTIES, WORKING TOGETHER FOR THE GOOD OF THE NATION.

WHEN WE SEE THROUGH YOUR EYES, WE SEE ONE NATION UNDER GOD WITH LIBERTY AND JUSTICE.

FOR ALL.

WHEN WE SEE THROUGH YOUR EYES, WE RECALL THAT ALL MEN ARE CREATED EQUAL AND ENDOWED WITH CERTAIN INALIENABLE RIGHTS AND AMONG THESE OTHER RIGHTS OF LIBERTY LIFE AND THE PURSUIT OF HAPPINESS LORD, WE ASKED, AND I DID YOU OPEN THE EYES OF OUR HEARTS SO THAT NATIONS DON'T ATTACK ONE ANOTHER, BUT ATTEMPT TO LIVE IN PEACE, THE SHALOM OF THE CITY, OPEN THE EYES OF OUR HEARTS SO THAT WE CAN SEE YOU HIGH AND LIFTED UP SHINY IN THE LIGHT OF YOUR GLORY, POUR OUT YOUR POWER IN LOVE SO THAT WE CAN SEE GLORY, HALLELUJAH, GLORY, HALLELUJAH, GLORY, HALLELUJAH, IN THE PRECIOUS AND MATCHES NAME OF JESUS TO CHRIST.

WE PRAY.

AND ALL OF GOD'S CHILDREN TOGETHER SAID JOHN WOULD BE NOW IN THE PLEDGE OF ALLEGIANCE.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, LIBERTY AND WELL,

[Mayoral Proclamations, Recognitions, and Announcements]

GOOD EVENING, EVERYONE.

UH, IT'S GOOD.

I ALWAYS LIKE IT, NO MATTER WHAT THE CASE, NO MATTER WHAT THE SITUATION, UH, TO SEE MORE FACES IN THIS ROOM THAN EMPTY CHAIRS, THAT IS ALWAYS THAT, THAT IS ALWAYS VERY, VERY REASSURING.

UM, AND YOU KNOW, I WOULD, WE HAVE, UH, WE HAVE A LOT OF FRIENDS AND FAMILY HERE, UH, THE SEASONING AND I WOULD BE PROBABLY OUT OF LINE IF I DIDN'T, IF I DIDN'T ACKNOWLEDGE, UH, SOME OF OUR, UH, FORMER COUNCIL MEMBERS WHO WERE HERE, UH, YOU KNOW, WHEN YOU SIT BACK HERE, YOU'RE CALLED HONORABLE.

WHEN YOU SIT OUT THERE, YOU'RE FORMERLY HONORABLE.

SO, UH, BUT UH, WE HAVE JACKIE FAGAN IN DISTRICT FIVE.

WE HAVE STEVEN STANLEY DISTRICT THREE.

WE HAVE JIM BOOKOUT FROM DISTRICT FOUR.

UH, ALL HAVE SERVED, UH, SERVED THIS CITY ON THIS COUNCIL, UH, FOR OVER THE YEARS.

SO NICE TO SEE YOU ALL HERE.

UM, AND IF I COULD HAVE, UH, THE DEFAZIO FAMILY COME FORWARD, I THINK THERE'S, YOU CAN COME AROUND THIS SIDE.

UH, YOU KNOW, WE ARE HERE TONIGHT, UH, TO HONOR MR. JERRY DEFAZIO.

UH, YOU KNOW, THE CITY OF GARLAND, UH, IS VERY BLESSED TO HAVE A LOT OF PEOPLE WHO WILL GIVE A LOT OF THEIR TIME FOR FREE A LOT OF TIMES, UH, TO SERVE, TO SERVE THE CITY, TO DO SOMETHING, UH, FOR THE COMMUNITY.

AND, UH,

[00:05:02]

MR. VALLEJO, JERRY WAS, UH, WAS CERTAINLY ONE OF THOSE FOLKS.

AND UNFORTUNATELY, UH, ON APRIL 1ST, WE VERY UNEXPECTEDLY, UH, LOST HIM.

SO, UH, WE HAVE INVITED THE FAMILY HERE TONIGHT AND ALSO, UH, HIS FRIENDS FROM, UH, THE, THE NOON EXCHANGE CLUB, UH, TO BE HERE, UH, TO, UH, TO KIND OF HONOR HIM A LITTLE BIT TONIGHT HERE IN THE COUNCIL, CHAMBERS, EXCUSE ME.

UM, SO I HAVE, UH, HAVE, UH, A RECOGNITION HERE AND YES, THEY HAVE TO PRINT IT ON ME ON PAPER THAT I CAN ACTUALLY READ STANDING HERE.

UM, BUT, UH, IN HONOR OF MR. JERRY TO FAIL, WHEREAS THE CITY OF GARLAND HAS A LONG HISTORY AND PROUD HISTORY OF ITS CITIZENS, STEPPING UP WITH THEIR TIME AND TALENTS TO SERVE THEIR NEIGHBORS IN THE CITY AS A WHOLE.

AND WHEREAS ONE OF THE CITY OF GARLANDS OLDEST CIVIC ORGANIZATION, UH, ORGANIZATIONS IS THE GARLAND NEWT EXCHANGE CLUB.

THE EXCHANGE CLUB WAS ESTABLISHED IN 1982 AND RECENTLY CELEBRATED ITS 40TH ANNIVERSARY ON MARCH 30TH.

ONE OF ITS FOUNDING MEMBERS AND LONG TIME CITY OF GARLAND RESIDENT AND COMMUNITY LEADER WAS MR. JERRY DEFAZIO, MR. FAZIO, EXCUSE ME, HAD BEEN A MEMBER AND SERVED IN MANY ROLES, UH, FROM ITS FIRST TREASURER TO VICE PRESIDENT AND PRESIDENT A NUMBER OF TIMES, UH, OVER THE PAST 40 YEARS.

AND THAT SEEMS TO HAPPEN IN A LOT OF GROUPS.

YOU JUST KIND OF ROTATE FROM JOB TO JOB AND, AND, AND JERRY ABSOLUTELY WAS PART OF THAT.

AND, UH, WHEREAS MR. DEFAZIO ALSO HELD A NUMBER OF POSITIONS WITH THE REGIONAL AND NATIONAL EXCHANGE CLUB.

MR. DUFFIELD HELD THE POSITION OF REGIONAL VP FOR DISTRICT FIVE FOR SIX YEARS, AND IT WAS NATIONAL PRESIDENT ELECT IN 2003 AND NATIONAL PRESIDENT IN 2004.

AND WHEREAS MR. DEFAZIO LOVED BRINGING IN NEW MEMBERS INTO THE EXCHANGE CLUB AND HAD A PERSONAL GOAL OF GETTING 500 MEMBERS.

UH, THE LAST MEMBER HE ENROLLED WAS, UH, GIS D TRUSTEE DAPHNE STANLEY, WHO WAS HERE WITH US AS WELL TONIGHT.

AND THAT WAS HIS 490TH MEMBER, UH, TO JOIN THE EXCHANGE CLUB.

UH, MR. HAD THE HONOR OF SERVING IN MANY ROLES WITH THE GARLAND NUDE EXCHANGE, NONE CLOSER TO HIS HEART THAN THE ANNUAL GIS D STUDENT CHRISTMAS LUNCHEON.

UH, THIS YEAR, UH, THE EXCHANGE CLUB WAS ABLE TO SERVE ALL 47 ELEMENTARY SCHOOLS IN GI ISD AND WAS ABLE TO PROVIDE LUNCH AND CHRISTMAS GIFTS FOR OVER 400 STUDENTS.

I CAN TELL YOU, IT TOOK UP THE ENTIRE FLOOR OF THE CALDWELL CENTER.

UM, AND, UH, AND IT, YOU KNOW, THESE ARE STUDENTS WHO OTHERWISE PROBABLY WOULDN'T HAVE HAD MUCH OF A CHRISTMAS, UH, AND JERRY WAS VERY MUCH PART OF THAT.

AND AS FAR AS THE CITY OF GARLAND, UH, MR. , UH, HAD ALMOST 30 YEARS OF SERVICE, UH, TO THE CITY OF GARLAND, UH, THROUGH OUR, UH, OUR BOARDS AND COMMISSIONS SERVING ON THE BOARD OF ADJUSTMENT AND HE FINISHED HIS SERVICE, UH, ON THE SENIOR CITIZENS ADVISORY BOARD.

UH, SO NOW THERE ARE FOUR EYES, SCOTLAND NIGHTMARE, THE CITY OF GARLAND, ALONG WITH THE CITY COUNCIL, UH, DO CONVEY THE SPECIAL RECOGNITION UPON MR. JERRY TO FAIL ON THIS DAY.

UH, THE 17TH OF MAY, 2022, OKAY.

BEING HERE AND BEING, UH, INTRODUCE YOURSELF, I'LL FIND MARY TO I, OH, IN, UM, APPRECIATE THE JERRY WOULD BE HONORED FOR THIS RISK RECOGNITION.

AND HE LOVED WORKING ON THE BOARD OF ADJUSTMENTS, AND WE ALL KNOW HOW MUCH HE LOVED EXCHANGE.

AND I WANT TO THANK YOU FOR THIS RECOGNITION.

THANK YOU.

MY NAME IS TROY TO FAIL.

AND, UH, I JUST, ON BEHALF OF THE, OUR FAMILY ALSO JUST WANT TO JUST SAY WE ARE TRULY HUMBLED AND VERY GRATEFUL FOR EVERY SINGLE ONE OF YOU GUYS.

THANK YOU, MR. MOYER.

UH, I'VE GOTTEN A CHANCE TO MEET HIM SEVERAL TIMES AND, UH, THANK YOU FOR YOUR PRAYER AND YOUR SONG.

AND, UM, SO WE JUST WANT TO JUST SAY, THANK YOU, THANK YOU FOR COMING AND BEING A PART OF THIS.

AND, UH, WE ARE TRULY GRATEFUL FOR YOU BEING HERE.

UM, WE DON'T HAVE A WHOLE LOT OF WORDS, BUT JUST, I JUST WANT TO JUST SAY THANK YOU VERY MUCH.

THIS IS A, UH, NO, THAT WOULD MEAN A LOT TO HIM.

AND THE CITY OF GARLAND HAS ALWAYS MEANT EVERYTHING TO HIM AND, UH, YOU AS WELL.

SO THANK YOU VERY MUCH.

AND JUST TO NOTE, IF YOU HAVE A, IF YOU HAVE ATTENDED OUR LABOR DAY PARADE HERE IN GARLAND OVER THE LAST SEVERAL YEARS, UH, IT WAS THAT PARADE, WHICH IS THE ULTIMATE OF HURTING CATS.

UM, WAS JERRY DEFAZIO,

[00:10:01]

UM, YOU KNOW, RUN RUNNING UP AND DOWN THE LENGTH OF THE PARADE ROUTE IN A GOLF CART, MAYBE SCREAMING AT PEOPLE ON OCCASION WHO PROBABLY DESERVED IT, UH, WHO PROBABLY WEREN'T IN LINE OR WHO PROBABLY WEREN'T KEEPING UP, BUT, UH, WE WILL CERTAINLY MISS HIS PRESENCE, UH, COME LABOR DAY.

SO THANK YOU ALL FOR BEING HERE.

WELL, LET'S FIND SOMEBODY YELL UP EVERYBODY.

THANK YOU.

THANK YOU.

ALL RIGHT.

WE WILL, WE'VE GOT A FEW OTHER THINGS ON OUR AGENDA THIS EVENING.

UH, THE FIRST ITEM

[CONSENT AGENDA]

ON OUR AGENDA IS OUR CONSENT AGENDA.

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

UH, COUNCILS HAD THE OPPORTUNITY TO REVIEW EACH OF THESE ITEMS AT A PREVIOUS WORK SESSION AND APPROVAL OF THE CONSENT AGENDA, AUTHORIZES CITY MANAGER TO IMPLEMENT EACH ITEM.

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

I DON'T BELIEVE I HAVE ANY REQUESTS, UM, AT THIS TIME, BUT LET ME READ THROUGH IT.

ITEM NUMBER ONE, CONSIDER APPROVAL OF THE MINUTES OF THE MAY 3RD, 2022 REGULAR MEETING ITEM TO CONSIDER APPROVAL OF THE FOLLOWING BIDS, ITEM TWO, A EVALUATION AND RESTORATION OF CONCRETE GROUND STORAGE TANKS ITEM TO BE WINDRIDGE LIFT STATION WET.

WELL REHABILITATION ITEM TWO C G P, AND L LOOKOUT SUBSTATION, STATIC, VAR INSTALLATION AND COMMISSIONING SERVICES.

ITEM TWO D G P AND L OAKLAND 69.

KV SUBSTATION UPGRADE ENGINEERING SERVICES ITEM TWO E G P AND L NAMING SUBSTATION UPGRADE MATERIALS ITEM TWO F H FAX SERVICES AT VARIOUS CITY BUILDINGS, ITEM TWO G PLUMBING SERVICES AT VARIOUS CITY BUILDINGS, ITEM TWO IN ALUMINUM SIGNED BLANKS.

NOPE.

WAIT A MINUTE.

I THINK I MISSED A PAGE.

LET'S BACK UP.

YOU THINK I'D BE MORE FAMILIAR WITH THE ALPHABET AT MY AGE, BUT APPARENTLY NOT.

ITEM TWO AGE TRAFFIC SIGNAL CABINETS, ITEM TWO I THREE PHASE TRANSFORMERS ITEM TWO, J CHLORINE AND SULFUR DIOXIDE ITEM TWO, KG PNL, OLINGER UNIT THREE, BOILER FEED PUMP THREE, A AND THREE B REPAIRS ITEM TWO L G P AND L SPENCER UNIT FIVE, CIRCULATING WATER PUMP, MOTOR REBUILD ITEM TWO M WATER UTILITIES BUILDING.

AND NOW ITEM TWO IN ALUMINUM SIGNED BLANKS, UH, THAT MOVES US TO ITEM THREE.

A PUBLIC HEARING WAS PREVIOUS CONDUCTED FOR THE FOLLOWING ZONING CASES.

COUNCIL APPROVES A REQUEST AND INSTRUCTED STAFF TO BRING FORWARD THE FOLLOWING ORDINANCE FOR CONSIDERATION ITEM THREE, A ZONING FILE NUMBER Z 22 DASH ZERO ONE, CLAYMORE ENGINEERING AND DISTRICT ONE ITEM FOUR IS CONSIDER A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE TEXAS DEPARTMENT OF TRANSPORTATION, SELECTIVE TRAFFIC ENFORCEMENT PROGRAM, OPERATION SLOWDOWN GRANT IN THE AMOUNT OF $6,262 AND 15 CENTS AND PROVIDING AN EFFECTIVE DATE AND THE LAST ITEM ITEM FIVE TEXAS DEPARTMENT OF STATE HEALTH SERVICES, PUBLIC HEALTH IMMUNIZATION GRANT, UH, IS THERE, EXCUSE ME, IS THERE ANYONE IN THE AUDIENCE WHO WOULD LIKE TO HAVE EITHER ANY OF THESE ITEMS PULLED AND CONSIDERED SEPARATELY? ANYONE FROM COUNCIL? I SEE NONE.

COUNCILLOR MOORE.

CAN YOU, UH, WE'RE GOING TO DEFAULT TO YOU FOR EMOTION.

GO AHEAD, SIR.

PROVE ALL OF THE, AS RED, I HAVE A MOTION BY COUNCIL MEMBER MOORE TO APPROVE THE CONSENT AGENDA AS PRESENTED.

AND I HEARD A SECOND IN MY OTHER EAR, UH, PREMIER PRO TIM HEDRICK, UH, ANY FURTHER DISCUSSION MADAM SECRETARY, IF YOU COULD PREPARE THE VOTE FOR US, PLEASE, AND COUNCIL AND DISPLAY THE BOAT, AND THAT ITEM IS APPROVED UNANIMOUSLY.

I'M SORRY.

I SHOULD HAVE ANNOUNCED EARLIER.

UH, UNFORTUNATELY, UH, COUNSELOR MORRIS, UH, CANNOT JOIN

[00:15:01]

US THIS EVENING.

UH, SO WE ARE EIGHT VOTES THIS EVENING AND THAT MOVES US ON TO ITEMS FOR INDIVIDUAL CONSIDERATION.

MADAME SECRETARY, CAN YOU REVIEW THE SPEAKER REGULATIONS FOR US, PLEASE? THE OPPORTUNITY TO SPEAK IS GIVEN TO PROVIDE TESTIMONY.

IF YOU'D RATHER HAVE THE CHAIRMAN CALL A SPEAKER OUT OF ORDER, IF THE SPEAKER IS, UM, OR REQUESTS FOR INFORMATION THAT WILL UNDULY DELAY THE TRANSACTION OF BUSINESS AT THE MEETING, SPEAKERS SHALL BE ALLOWED TO SPEAK ON A FIRST COME FIRST TO SPEAK BASIS AS DETERMINED BY THE ORDER IN WHICH THE CITY SECRETARY RECEIVES THE SPEAKER'S INFORMATION.

APPLICANTS ARE ALLOWED 10 MINUTES FOR PRESENTATIONS AND ALL OTHER SPEAKERS WILL BE ALLOWED THREE MINUTES TO SPEAK.

WHEN THE PODIUM BUZZER SOUNDS, THE SPEAKER MUST END THEIR COMMENTS.

VERY GOOD.

AND DO WE HAVE SPEAKERS SIGNED UP FOR THE EVENING? I ONLY HAVE A SPEAKER SPEAKERS FOR A CITIZEN COMMENTS.

I DON'T HAVE ANY OTHER SPEAKERS SIGNED UP.

OH, OKAY.

WELL THAT, THAT SEEMS PECULIAR, UH, BECAUSE I KNOW I'M LOOKING AT SEVERAL APPLICANTS.

UH, SO IF YOU ARE HERE TO SPEAK ON AN ITEM TONIGHT, UM, MADAM SECRETARY, CAN WE JUST GO AHEAD AND USE THE CARDS? UM, SO, UM, WE WILL, WE WILL HAVE YOU FILL OUT THE SPEAKER CARDS.

UH, SO WE KNOW, UH, WHEN WE HAVE YOU QUEUED UP IN THE SYSTEM.

UM, AND SO WE DON'T HAVE A MAD RUSH.

WE'LL JUST KIND OF DO THAT AS WE GO.

WE'VE GOT, WE'VE GOT A FEW OTHER THINGS TOO, TO GET TO BEFORE WE GET TO THAT.

UM, ITEM SIX,

[6. Consider an ordinance canvassing the results of a General Election for the purpose of electing Council Members to Districts 1, 2, 4, and 5 of the City of Garland, Texas; declaring the results of that election; and providing an effective date.]

UH, THE FIRST ITEM UNDER CONSIDERATION IS CONSIDERED AN ORDINANCE CANVASSING THE RESULTS OF A GENERAL ELECTION FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS TO DISTRICTS 1, 2, 4, AND FIVE OF THE CITY OF GARLAND, TEXAS DECLARING THE RESULTS OF THAT ELECTION AND PROVIDING AN EFFECTIVE DATE MAYOR PRO TIM HENDRICK.

THANK YOU, MR. MAYOR.

I MOVE TO APPROVE THE ORBAN ORDINANCE CANVASSING THE MAY 7TH, 2022 ELECTION.

AND I HAVE A, I HAVE A MOTION BY MAYOR PRO TEM HEDRICK, AND A SECOND BY COUNCIL MEMBER SMITH, UH, TO APPROVE THE ORDINANCE CANVASSING THE ELECTION RESULTS, UH, ANY FURTHER QUESTIONS, UH, MADAM SECRETARY, IF YOU CAN PREPARE THE VOTE FOR US PLEASE AND DISPLAY THE VOTE AND THAT ITEM IS APPROVED, UNANIMOUS,

[7. Conduct the swearing in of Council Members for Districts 1, 2, and 4.]

UH, NEXT, UM, WE WILL SWEAR ON A COUPLE OF COUNCIL MEMBERS.

WELL, I REALIZED LAST NIGHT AFTER OUR WORK SESSION, UH, THAT, AND LUCKILY, UH, THE CITY SECRETARY WAS STILL HERE.

I WAS THAT WE HAVEN'T HAD AN IN-PERSON SWEARING IN SINCE 2019.

UM, WE DID THE LAST TWO, UH, TWO VIRTUALLY WE PRERECORDED EVERYBODY'S COMMENTS.

UM, THE LAST TIME WE ACTUALLY HAD AN IN-PERSON WAS WHEN I WAS SWORN IN AS MAYOR.

AND MY FIRST QUESTION TO THE CITY SECRETARY WAS WHAT DO I DO, UH, WHEN WE DO IT IN PERSON.

UM, AND FORTUNATELY SHE FOUND THE TAPE FROM 2019.

AND SO I COULD WATCH WHAT MAYOR DOTSON DID.

SO, UH, HOPEFULLY WE'LL, WE'LL GET, WE'LL GET THROUGH IT.

SO, UH, WE DO, UH, WE DO HAVE A COUPLE OF SWEARING IN, UH, SWEARING SWEARINGS IN AND TONIGHT.

UM, UNFORTUNATELY, UH, I SAID, COUNCIL LADY MORRIS, COULDN'T BE WITH US, SO WE WILL CATCH UP WITH HER.

UM, AND OBVIOUSLY, UH, WE, WE ARE GOING TO HAVE A RUNOFF, UH, IN DISTRICT FIVE.

UM, SO FIRST UP, UH, WE'LL GO IN ORDER IS, UH, JEFF BASS FROM DISTRICT ONE COUNCILOR BEST YOU WANT TO COME FORWARD WITH YOUR FAMILY AND I WILL GET OUT OF THE WAY.

IT'S ALL YOU.

I, JEFF BASS, UH, JEFF BASS DO SOLEMNLY SWEAR, DO SOLEMNLY SWEAR.

THE, I WILL FACE THE FAITHFULLY EXECUTE THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF CITY COUNCIL MEMBER FOR DISTRICT ONE, THE DUTIES OF THE OFFICE OF COUNCIL MEMBER FOR DISTRICT, ONE OF THE CITY OF GARLAND, OF THE CITY, OF GARLAND, OF THE STATE OF TEXAS, OF THE STATE OF TEXAS AND WILL,

[00:20:01]

AND WE'LL TO THE BEST OF MY ABILITY, PRESERVE, PROTECT, AND DEFEND TO THE BEST OF MY ABILITY, PRESERVE, PROTECT, AND DEFEND THE CONSTITUTION AND LAWS OF THE UNITED STATES, THE CONSTITUTION AND LAWS OF THE UNITED STATES AND OF THE STATE AND OF THE STATE.

SO HELP ME, GOD.

SO HELP ME, GOD, JUST VERY BRIEFLY, I'D LIKE TO SAY HOW HONORED I AM TO BE IN THIS POSITION THAT I'M IN THE TRUST THAT THE CITIZENS OF DISTRICT ONE AND THE CITIZENS OF GARLAND, UM, HAVE GIVEN TO ME, UH, I DO NOT TAKE THAT TRUST LIGHTLY.

AND, UM, YOU KNOW, MY CAMPAIGN PROMISE WAS THAT I'D LIKE TO MAKE GARLAND PLACE WHERE PEOPLE WANT TO WORK, PLAY AND LIVE.

AND I STILL FEEL THAT I AM TRYING TO MAKE GOOD ON THAT PROMISE EVERY DAY.

AND, UM, ANYTHING THAT ANYBODY NEEDS, WHETHER YOU'RE IN DISTRICT ONE OR NOT, YOU CAN ALWAYS FEEL FREE TO REACH OUT AND CONTACT ME.

AND I'LL BE HAPPY TO HELP YOU AGAIN.

I WANT TO THANK THE CITIZENS, THE DISTRICT ONE FOR, UH, PUTTING ME IN THIS POSITION THAT I'M IN.

THANK YOU.

THANK YOU.

MA'AM WELL, NEXT, UH, WE HAVE, UH, FROM DISTRICT FOUR, UH, BJ WILLIAMS, OUR DEPUTY MAYOR PRO TIM.

BJ'S DONE THIS A COUPLE OF TIMES, COUPLE OF TIMES MORE THAN EVERY ONE OF US UP HERE.

JUST ABOUT.

SO EXCEPT FOR JACK, I GET IT.

I GET IT.

I'D BE JAY WILLIAMS. I BJ WILLIAMS DO SOLEMNLY SWEAR OFF FOR HIM THAT I WILL FAITHFULLY EXECUTE THAT I WILL FAITHFULLY THE DUTIES OF THE OFFICE OF CITY COUNCIL MEMBER FOR DISTRICT FOUR TO DUTIES OF THE OFFICE OF CITY COUNCIL MEMBER FOR DISTRICT FOUR OF THE CITY OF GARLAND OR THE CITY OF GARDEN, OR THE STATE OF TEXAS OR STATE OF TEXAS, AND WILL TO THE BEST OF MY ABILITY AND WILL TO THE BEST OF MY ABILITY PER SE, PROTECT AND DEFEND, PRESERVE, PROTECT, AND DEFEND THE CONSTITUTION AND LAWS OF THE UNITED STATES CONSTITUTION AND LAWS OF THE UNITED STATES AND OF THIS STATE AND OF THIS STATE.

SO HELP ME, GOD.

YEAH, THE MAYOR'S RIGHT THEN IT'S A COUPLE OF TIMES BEFORE, BUT AGAIN, I, I WANT TO SAY THANK YOU TO THE CONSTITUENTS OF DISTRICT FOUR.

UM, MY GRANDFATHER TOLD ME A LONG TIME AGO.

HE SAID WHEN PEOPLE, UH, NICE, UH, THEY DON'T HAVE TO PICK YOU TO BE NICE TO, AND THE PEOPLE HAVE PUBLIC TRUST.

THEY DON'T HAVE TO PUT, PICK YOU TO PUT THEIR PUBLIC TRUST IN AND LIKE COUNCILMAN BASS, I DON'T TAKE THIS FOR GRANTED.

AND IT'S A PLEASURE.

IT'S A BLESSING, THE RELATIONSHIPS.

AND I COULDN'T ASK TO SERVE WITH A BETTER CONTINUES TO HAVE MEN AND WOMEN, UH, UP HERE, GOLDEN.

UH, WE ARE BLESSED AND I'M BLESSED TO SERVE, AND I'M JUST PRAYING THAT I CAN MAKE A LITTLE BIT OF DIFFERENCE AND HOPEFULLY GOD CALL HIM WILL BE A LITTLE BIT BETTER, UH, WHEN I'M GONE THAN IT WAS WHEN I CAME.

THANK YOU SO MUCH.

ALL RIGHT.

BELIEVE IT OR NOT.

WE STILL HAVE BUSINESS TO DO.

UM, YOU KNOW, NORMALLY, UH, WE, WE TRY TO KEEP THIS MEETING WHERE WE'RE DOING SWEARING INS, UH, KIND OF LIKED, UM, YOU KNOW, ESPECIALLY IF WE'RE GOING TO HAVE NEW, UH, NEW FOLKS SITTING UP HERE, UH, SO THAT WE DON'T COMPLETELY RUN THEM OFF ON THEIR FIRST NIGHT.

UM, BUT, UH, SINCE IT'S ALL THE SAME FACES HERE TONIGHT AND EVERYBODY UP HERE HAS, HAS AGREED TO STICK IT OUT.

UH, WE'RE GOING TO GO AHEAD AND DO SOME OTHER BUSINESS TONIGHT.

UH, THE NEXT ITEM IS ITEM EIGHT, UH, HOLD PUBLIC HEARINGS,

[8.a. Consider a Variance request by Garland Hawaiian Falls Holdings LLC to allow alcoholic beverages to be sold from a proposed bar area at Hawaiian Falls, closer than the required distance of 300 feet to a public school. The site is located at 4550 North Garland Avenue in District 8.]

ITEM EIGHT, A CONSIDER A VARIANCE REQUEST BY GARLAND HAWAIIAN FALLS HOLDINGS, LLC, TO ALLOW ALCOHOLIC BEVERAGES TO BE SOLD FROM A PR

[00:25:01]

FROM A PROPOSED BAR AT HAWAIIAN FALLS, CLOSER THAN THE REQUIRED DISTANCE OF 300 FEET TO A PUBLIC SCHOOL.

UH, THIS SITE IS LOCATED AT 45 50 NORTH GARLAND AVENUE IN DISTRICT EIGHT.

MR. GARREN, SIR, MAYOR COUNCIL.

GOOD EVENING, LOAD UP THE PRESENTATION HERE AND JUST REAL QUICK, IF YOU'RE HERE FOR THIS ITEM, UM, IF YOU COULD COME FILL OUT A SPEAKER CARD, I WOULD APPRECIATE IT.

MARIN COUNCIL.

THIS IS A REQUEST FOR A VARIANCE REGARDING THE DISTANCE TO A SCHOOL FROM AN ESTABLISHMENT THAT SELLS OR SERVES ALCOHOLIC BEVERAGES.

UH, MORE SPECIFICALLY A BAR AREA SERVING BEER AND WINE BASED FROZEN BEVERAGES IS PROPOSED AT HAWAIIAN FALLS.

THE LOCATION IS 45 50 NORTH GARLAND AVENUE.

THE PROPERTY OWNER IS THE CITY OF GARLAND AND IT IS CURRENTLY ZONED AGRICULTURAL DISTRICT.

HERE'S A LOCATION MAP.

UM, IT IS OWN AG, BUT WE KIND OF SHADED THE PROPERTY, UM, IN RED HERE JUST, UH, CLEARLY SHOWING WHERE HAWAIIAN FALLS IS LOCATED.

THE, UM, PUBLIC SCHOOL THAT, UM, TRIGGERED THIS VARIANCE REQUEST, UM, IS LOCATED HERE THAT IS SPRING CREEK ELEMENTARY SCHOOL LOCATED APPROXIMATELY 60 FEET AWAY FROM PROPERTY LINE TO PROPERTY LINE.

THAT IS THE, UM, GDC, UH, MEASUREMENT GUIDELINE PROPERTY LINE PROPERTY LINE WHEN IT COMES TO A PUBLIC SCHOOL.

UH, THERE'S ALSO AN ADDITIONAL, UM, SCHOOL WEB MIDDLE SCHOOL FURTHER TO THE SOUTH, BUT THAT DIDN'T, UH, THAT WAS OUTSIDE OF THE REQUIRED, UH, 300 FEET, UH, DISTANCE REQUIREMENT.

JUST SHOW A FEW, UM, AERIAL SHOTS OF THE AREA.

YOU CAN SEE, UH, HAWAIIAN FALLS LOCATED THERE AND I'M SPRING CREEK ELEMENTARY LOCATED ACROSS THE STREET CROSS SPRING CREEK DRIVE.

AGAIN, THE APPLICANT WANTS TO ADD A BAR AREA.

THIS WOULD BE NEAR THE WAVE POOL AREA, WHICH YOU CAN SEE HERE.

AND IT WOULD ACTUALLY BE MORE SPECIFICALLY LOCATED IN THE SMALL LITTLE CANOPY BUILDING HERE WHERE MY CURSOR IS, AND I HAVE A FEW OTHER, UH, SHOTS OF IT HERE.

AND HERE'S A MORE CLOSER ZOOM IN OF THE WAVE POOL AREA.

AND YOU CAN SEE HERE WHERE THE BAR AREA WOULD BE LOCATED.

AND THE APPLICANT OF COURSE, WOULD BE MODIFYING THE EXISTING CANOPIES.

THERE'S A LITTLE BEFORE AND AFTER, UH, AS PROVIDED BY THE APPLICANT, UM, MAYOR, WE NOTIFIED 11, UH, OR SENT OUT 11 NOTIFICATION LETTERS ON THIS CASE, AND WE DID NOT RECEIVE ANY RESPONSES.

UH, WE DID NOTIFY GIS D AND ALSO SENT EMAILS TO THE PRINCIPALS OF BOTH, UH, SPRING CREEK ELEMENTARY SCHOOL, UH, AS WELL AS WEBB MIDDLE SCHOOL.

UH, EVEN THOUGH THEY WERE A BIT OUTSIDE THE NOTIFICATION AREA.

AND AGAIN, WE DID NOT RECEIVE ANY RESPONSES.

VERY GOOD, SIR.

UH, ANY QUESTIONS FOR STAFF ON THE SIDE OF A CUSTOMER? ROBYN, THANK YOU, MAYOR.

AND, AND WE'LL, I DON'T KNOW IF YOU'RE THE PERSON WHO ANSWERED THE, MAYBE NOT, UM, MY HAWAIIAN FALLS IS, I'M NOT SURE WHAT THE LEGAL RELATIONSHIP IS.

I BELIEVE THEY'RE, I DON'T EITHER, EITHER THE LICENSEE OR AN OPERATOR OR WHATEVER IT IS, BUT WE HAVE AN AGREEMENT.

THE CITY HAS AN AGREEMENT WITH HAWAIIAN FALLS.

THE CITY ACTUALLY OWNS THE SUMMIT.

I DON'T KNOW IF IT ON JUST THE RAW LAND OR ALL THE FACILITIES, UM, DOES THIS CONFLICT AT ALL WITH THAT? DO WE KNOW IF THIS, IF THIS CONFLICTS AT ALL WITH THE AGREEMENT OR W DOES THE AGREEMENT SPEAK TO THIS AT ALL? THE STRANGLING, THE AGREEMENT DOES NOT REFERENCE ALCOHOL.

IT'S A GROUND LEASE AND OPERATING AGREEMENT.

THE CITY OWNS THE GROUND.

THE, UM, THE PARK OWNS THE, UM, ATTACHMENTS OR THE EQUIPMENT ON THE GROUND.

UM, THE ONLY REFERENCE TO ALCOHOL IN THE OPERATING AGREEMENT IS TO, IS A REFERENCE THAT THE, UM, UH, LESS LESSEE, UM, SHALL NOT ENTER INTO ANY SPONSORSHIP ARRANGEMENTS INVOLVING ALCOHOL OR TOBACCO PRODUCT DOES NOT ADDRESS WHETHER THE LESS WORK CAN SELL ALCOHOL ON THE LOCATION.

SO I'M NOT REALLY SURE HOW TO MAKE THAT WORK.

SO YOU CAN, YOU CAN NOT HAVE A SPONSORSHIP, BUT YOU COULD, BUT IT DOESN'T, BUT IT DOES NOT SPEAK TO THE SALES OF ALCOHOL AT HOME.

IT DOES NOT JUST MEANS THAT YOU CANNOT, THE LESSER WOULD NOT BE ABLE TO UNDER THE AGREEMENT AS IT'S WRITTEN TODAY AND LESS LATER AMENDMENT, THEY WOULDN'T BE ABLE TO BRING IN, FOR EXAMPLE, A BEER DISTRIBUTOR, UM, AND PUT UP PROMOTIONAL ITEMS ALL OVER THE PARK, UM, PROMOTING THAT BEER AS A SPONSOR, AS A SPONSORSHIP, UM, FOR WHATEVER ACTIVITY THAT MAY BE OCCURRING AT THE PARK.

SO NO LIKE MILLER LITE, BELLY FLOP CONTEST.

RIGHT? EXACTLY.

NOT THAT I WAS SPECIFICALLY HOPING FOR THAT, UM, IS I THINK, I THINK I MISSED A GOOD JOKE DOWN THERE, UNFORTUNATELY.

UM, IS, IS THERE ANY POTENTIAL LIABILITY FOR THE CITY KIND OF DRAM SHOP LIABILITY, ANYTHING ELSE

[00:30:01]

ASSOCIATED WITH THAT? IF THERE'S, YOU KNOW, TH THAT COULD COME BACK ON THE CITY AS A RESULT OF US, EVEN THOUGH WE'RE NOT INVOLVED IN THE OPERATIONS, AS FAR AS I KNOW, BUT THE TEXAS ALCOHOL AND BEVERAGE CODE DOES HAVE A DRUM SHOP ACT, AND IT APPLIES TO ANYONE THAT IS LICENSED OR PERMITTED TO SERVE ALCOHOL OR ACTUALLY SERVES ALCOHOL.

IT IS, UM, UM, IT PROVIDES THAT ALCOHOL PROVIDERS, UM, CAN BE HELD LIABLE FOR DAMAGES CAUSED BY SOMEONE WHO HAS BOUGHT AND HAS BEEN OVER, SERVED ALCOHOL AT THE LOCATION.

UH, I HAVEN'T DONE AN UPDATED SEARCH IN CASE LAW TO SEE IF THAT'S EVER EXTENDED TO THE L TO THE LESS OR TO THE, IN THIS CASE, THE CITY.

UM, BUT EIGHT YEARS AGO, NINE YEARS AGO, WHEN I DID DO SOME RESEARCH IN THIS AREA THAT HAD NEVER BEEN EXTENDED TO THE PROPERTY OWNER, IF IT WAS BEING LEASED OUT, IT WAS ONLY, IT ONLY APPLIES TO THE PERSON OR THE COMPANY ACTUALLY SELLING OR PROVIDING THE ALCOHOL.

OKAY.

SO SOMEBODY GETS OVERSERVED AND THEY, SOMETHING HAPPENS OVER AT THE WAVE POOL OR WHATEVER.

THAT'S NOT, WE DON'T BELIEVE AT LEAST I'LL, I'LL, I'LL CHECK AGAIN AND I'LL UPDATE THE COUNCIL IF THAT IS THE CASE.

BUT AS A BLACK, I SAID EIGHT OR NINE YEARS AGO, IT WAS NOT THE CASE THAT, UM, THAT EXTENDED ALL THE WAY DOWN TO THE LESSER OR THE OWNER OF THE PROPERTY.

UH, I MEAN, IT'S NOT CLEAR TO ME THAT THE, UM, UM, UM, CITY SOVEREIGN IMMUNITY WOULD BE WAVING SUCH AN INCIDENT I'LL, I'LL DEFER TO YOU ON THAT.

ALTHOUGH I WORRY AS I DON'T, I DON'T KNOW THAT THAT, THAT THE, THE OWNERSHIP OR THE LEASING OF THAT REALLY FALLS UNDER A CITY FUNCTION, I'VE PUT GOVERNMENT FUNCTION, RIGHT.

IT'S, IT'S A CLOSE CALL.

I MEAN, IT WAS A PARK.

IT IS, UM, UM, UM, IT'D BE A CLOSE CALL IF YOU WOULD.

SO KINDLY THEN, BECAUSE EVEN IF WE APPROVE TONIGHT, WE'LL STILL HAVE TO HAVE THIS COME BACK FOR ORDINANCE APPROVAL.

CORRECT.

SO IF IN THE INTERIM, IF YOU COULD LOOK AT THAT AND JUST LET US KNOW, I JUST WANT TO MAKE SURE THAT, YOU KNOW, WE'RE NOT CAUSING ANY OTHER ISSUES OR STUFF LIKE THAT.

BEYOND THAT.

I DON'T HAVE A, I DON'T HAVE ANY, UH, I DON'T HAVE ANY ISSUES.

THANK YOU.

NO FURTHER QUESTIONS.

THANK YOU.

MA'AM UH, ANY ADDITIONAL QUESTIONS FOR STAFF? THANK YOU.

WELL, UH, MADAM SECRETARY, AND YOU CALL OUR, I BELIEVE WE HAVE THE APPLICANT PRESENT.

YES.

MR. CHRIS CHILCOTT SIR, WHEN YOU GET DOWN HERE, IF YOU COULD GIVE US YOUR NAME AND ADDRESS FOR THE, YOU'LL HAVE 10 MINUTES TO MAKE A PRESENTATION, OR JUST LET US ADMIRE THAT SHIRT AND, AND WE CAN, AND WE CAN ANSWER GAS QUESTIONS.

YES, SIR.

MY NAME'S CHRIS SHOKAT, I'M THE GENERAL MANAGER FOR HAWAIIAN FALLS, COLONY AND GARLAND.

UH, MY ADD MY PERSONAL ADDRESS, YOUR BUSINESS ADDRESS IS 5 5 4 5 5 4 NORTH GARLAND AVENUE.

VERY GOOD.

SO DO YOU HAVE A PRESENTATION OR DO YOU JUST WANT TO TAKE QUESTIONS? I DO NOT.

I'M HERE TO TAKE QUESTIONS.

I MEAN, I CAN TELL YOU LAST YEAR WE, UM, ASKED THE CITY OF COLONY FOR THE EXACT SAME THING.

AND, UM, WE DID SELL ALL WE'RE SELLING.

WE'RE NOT ASKING FOR SPIRIT'S LICENSE.

WE'RE ASKING FOR STRICTLY A BEER AND WINE AND EVERYTHING THAT WE SOLD AT COLONY WAS WINE BASED.

SO OUR FROZEN DRINKS ARE ALL WINE BASED.

THEY'RE NOT ALCOHOL-BASED AT ALL.

UM, WHICH I KNOW REALLY DOESN'T MEAN ANYTHING, BUT, UM, AND WE, WE BEGAN LAST YEAR, MID JUNE, AND WE DID NOT HAVE ANY ISSUES AT THE PARK.

UM, WE FOUND THAT MOST OF THE PEOPLE THAT WERE ASKING FOR BEVERAGES FOR MOTHERS THAT WERE THERE AT THE PARK AND, UM, YOU KNOW, IT WASN'T LIKE EVERYBODY WAS THERE DRINKING THREE OR FOUR OR FIVE DRINKS AT A TIME.

YOU KNOW, THEY WERE THERE JUST TO HAVE, UM, ONE STRAWBERRY DAIQUIRI OR ONE PENA COLADA, AND THAT'S MORE OR LESS WHILE WE'RE TRYING TO GET THE LICENSE.

THEREFORE IT WAS JUST THAT OBVIOUS AND THAT ATMOSPHERE THERE AT THE PARK.

VERY GOOD.

I'M SURE MY MOTHER WOULD HAVE, UH, ORDERED A FEW TAKING MY BROTHER AND I THERE WHEN WE WERE KIDS.

UH, DEPUTY MAYOR PRO TIM WILLIAMS. THANK THANK YOU MIRROR.

UH, MY MOTHER WOULD HAVE SWAM.

SHE WOULDN'T HAVE VOTED A DRINK, RIGHT.

UM, I'M GONNA SAY KAREN, WOULD YOU PUT THE, THE PLAN UP THAT SHOWS WHERE THEY, THE REFRESHMENT AREA THAT WE'RE TALKING ABOUT IS AGAIN, PLACE? UH, THIS IS THE CLOSEST ZOOM IN IF THAT EXTRA STEP HERE.

YES.

IT'S NOT THAT VIEW THE OTHER ONE, THE WHOLE PART, THE WHOLE PART.

THERE WE GO.

THERE YOU GO.

OKAY.

OKAY.

ALL RIGHT.

[00:35:01]

ALL RIGHT.

MY QUESTION.

UH, OKAY.

UM, KIND OF WALK ME THROUGH, UM, MILAN.

WHAT IS, WHAT IS YOUR, UH, FOR, FOR A SERVING DRINKS? IS THERE A, WHAT, WHAT'S YOUR PUSHER PROTOCOL FOR AGE LIMIT FOR ALL CONTENTS? CAN YOU WALK ME THROUGH THAT PROCESS? KIND OF YOU DON'T SOME 12 YEAR OLDS LOOKS LIKE 18 YEAR OLDS AND ET CETERA.

SO WHEN YOU TELL ME WHAT THAT WOULD LOOK LIKE, GO WITH TWO TO ENSURE, AND I'M SURE IT'S WHAT YOU ASKED, ENFORCED FOR ADULT TRAIT.

YES, SIR.

OKAY.

OKAY.

SO WALK ME THROUGH YOUR PROTOCOL TO MAKE SURE THAT YOUR BEVERAGES ARE SERVED TO LEGAL ADULTS.

WE FOLLOW THE TABC TRAINING.

SO EVERYONE THAT COMES THROUGH AS A BARTENDER, UM, THAT'S THE TERM FORUM.

UM, THEY GO THROUGH THE TRAINING AND THEY HAVE TO BE CERTIFIED THROUGH THE TBC, AND WE ALSO REQUIRE DRIVER'S LICENSE.

SO EVEN IF YOU'RE A SWIMSUIT OR WHAT HAVE YOU STILL HAVE TO PRESENT YOUR DRIVER'S LICENSE AND NOT JUST ON YOUR, IF YOU BUY A SECOND DRINK, YOU STILL HAVE TO BRING YOUR DRIVER'S LICENSE UP AND SHOW IT.

SO THAT IS OUR PROCEDURE.

EVERYONE GETS CARDED.

EVERY TIME WE LOOK AT THE CARD, WHETHER IT'S YOUR FIRST DRINK OR YOUR SECOND DRINK.

OKAY.

OKAY.

AND, AND I'M GONNA GIVE YOU A, WHAT IF, UM, CAN THEY DO IT? YOU KNOW, I'VE BEEN AT THE PARK FOR HOURS.

I WANT TO REFRESHMENT COME UP AND GET A COUNCILMAN ARVIN SAID A MIDDLE LIGHT.

THAT'S A COORS LIGHT.

UM, AND, UM, I'M HERE TO MY CAR.

CAN I DRIVE OUT WITH THE DRINK THAT YOUR BARTENDER HAS SERVED? NO, SIR.

I DRIVE OUT OF THE PARK.

AND IF SO, WHAT'S WHAT, WHAT WOULD PREVENT ME FROM DRIVING OUT OF THE PARK WITH THE DRINK THAT YOUR BARTENDER HAS JUST SERVED ME? YES, SIR.

NO ONE IS ALLOWED TO LEAVE THE PARK WITH ANY BEVERAGE THAT WE SERVE.

SO WE HAVE PEOPLE AT THE GATE, UM, ON YOUR WAY IN, WE HAVE BAG CHECKS, SO WE CHECK EVERYTHING COMING IN THE PROPERTY, AND THEN ALSO GOING OUT, THEY'RE NOT ALLOWED TO DRINK ANY OR TAKE ANY BEVERAGE OUT, UM, THAT WOULD BE SERVED IN A CAN OR ONE OF OUR SPECIFIC CUPS ON THEIR WAY OUT.

OKAY.

ALL RIGHT.

OKAY.

THANK YOU.

THANK YOU, SIR.

FOR THE DANCE THINKING HERE COMES FROM ROBIN.

THANK YOU, MAYOR.

UM, GOOD AFTERNOON OR GOOD EVENING.

UM, I JUST WANT TO BE CLEAR THAT THIS IS NOT, THIS DOES, THIS IS NO CHANGE TO THE POLICY ABOUT BRINGING ALCOHOL INTO THE PARK.

IS THAT RIGHT? ABSOLUTELY NOT.

OKAY.

OKAY.

SO YOU CAN'T BRING, YOU THERE'LL BE NO.

SO SOMEBODY CAN'T BRING IN A BEER AND I THINK THAT'S THE CURRENT POLICY OR HAS BEEN, THAT IS THE POLICY AND ALSO NO GLASS, REGARDLESS OF WHETHER IT'S ALCOHOL OR NOT.

AND THE GLASS IS NOT ALLOWED IN THE, AND IF YOU HAVE A COOLER PASS, UM, WE SEARCHED THE COOLER AND NOT JUST THE TOP.

EVERYTHING COMES OUT TO CHECK ALL THE WAY DOWN THROUGH THE COOLER.

YEAH.

UH, UH, ACTUALLY MY GIRLS, I ONE GIRL ACROSS THE STREET AT SPRING CREEK ELEMENTARY INTUIT WEB, AND WE HAVE A FAMILY SEASON PASSES LAST YEAR.

AND SO I CAN ATTEST THAT.

Y'ALL DO CHECK THE COOLERS EVERY TIME AND WE HAD A GREAT TIME, UH, LAST SUMMER.

SO WE LOOK FORWARD TO BEING BACK THERE WHEN YOU GUYS OPEN AGAIN AND, UH, APPRECIATE YOU.

THANK YOU.

I THINK YOU'LL ENJOY THE, THE CHANGES THIS YEAR THAT YOU'LL SEE WHEN YOU GET THERE.

NO, WE'RE PRETTY EXCITED ABOUT IT.

MY, MY, MY TEN-YEAR-OLD WAS MESSAGING ME TODAY, ASKING IF WE COULD GO ON OPENING DAY THIS WEEKEND.

SO THAT'LL COMPARE TO AT 10:00 AM.

SUCH A PITY WILL BE IN OUR COUNCIL MEETING THEN, BUT WE'LL SEE YOU ON SUNDAY.

I'M SURE.

THANK YOU.

YOU'RE WELCOME.

MAYOR PRO TEM HEDRICK.

THANK YOU, MR. MAYOR.

JUST A QUICK QUESTION.

WILL THE, UH, AREA THAT ALCOHOL IS ALLOWED TO BE CONSUMED BE ONLY IN THAT WAY FOR, OR YOU'RE ALLOWED TO CARRY IT THROUGHOUT THE YOU'RE ALLOWED TO CARRY IT THROUGHOUT THE PARK.

OKAY.

WEED IS ONLY SOLD AT THE ONE LOCATION, WHICH YOUR CAR DID THERE, BUT YOU'RE ALLOWED TO MOVE ABOUT THE PARK.

OKAY.

AND THAT'S BASED ON THE TBC LAWS.

NOW, IF THEY HAD A LAW THAT YOU HAD TO HAVE A BEER GARDEN IN ONE SPECIFIC SPOT, THAT'S WHAT THAT WOULD BE THE RULE THAT WE WOULD FOLLOW.

OKAY.

THANK YOU.

THANK YOU, MR. MCMILLAN.

VERY GOOD.

AYE.

ANY ADDITIONAL QUESTIONS FOR THE APPLICANT? MADAM SECRETARY? DO WE HAVE ANY OTHER SPEAKERS? WE DO NOT HAVE ANY ADDITIONAL SPEAKERS ON THE SIDE OF VERY GOOD.

AND MR. ENGLAND, MR. BAYER, THIS IS, UM, UH, WILL NOT BE COMING BACK.

UM, WE, I WAS JUST TOLD BY WILL MR. GUERIN THAT, UM, MAY, WILL NOT BE COMING BACK FOR, UM, ORDINANCE APPROVED ORDINANCE APPROVAL, BUT I HAVE DONE A QUICK SEARCH ON WESTLAW AND THE LAW HAS NOT CHANGED SINCE I LAST CHECKED THAT THERE WOULD NOTE LIABILITY WOULD NOT EXTEND TO THE CITY IN THAT CASE.

IT'S FOR PROVIDERS OF THE ALCOHOL.

VERY GOOD, SIR.

THANK YOU.

[00:40:03]

UH, COUNSEL, WE HAVE CLEARED THE QUEUE ON THE SIDE OF THEM.

IF THERE'S ANY FURTHER DISCUSSION, UH, WE CAN MOVE, MOVE FORWARD.

THANK YOU FOR YOUR TIME.

THANK YOU, SIR.

APPRECIATE IT.

CAST MEMBER SMITH.

UH, THANK YOU, MAYOR.

UM, THIS IS, THIS IS NOT MY FAVORITE VARIANTS THAT I'VE SEEN COME ACROSS.

UH, YOU KNOW, I, I, I DO LIKE THE IDEA THAT WE HAVE AMENITIES THAT ARE VERY FAMILY ORIENTED, HOWEVER, UH, POLICE AND FIRE BOTH SIGNED OFF ON THE, UH, IDEA, UH, BEER AND WINE SALES ARE BASED IN HOURS THAT ARE GENERALLY OPPOSITE OF WHAT SCHOOL HOURS ARE.

AND THAT'S THE WAY THAT, UH, THAT PARK HAS ALWAYS BEEN OPERATED.

AND WE DID APPROVE IT AROUND THE CORNER AT THE COLWELL CENTER.

SO I HAVE NO REASONABLE BASIS FOR DENIAL.

I'M GOING TO GO AHEAD AND MOVE TO APPROVE THE VARIANCE PRESENTED.

I HAVE A MOTION TO APPROVE BY COUNCIL MEMBER SMITH, A SECOND BY COUNCIL MEMBER, AUBURN, TO APPROVE ITEM EIGHT A AS PRESENTED ANY FURTHER DISCUSSION, SEEING NONE AMOUNT OF SECRETARY.

IF YOU COULD PREPARE THE VOTE FOR US, PLEASE IN COUNCIL AND DISPLAY THE VOTE.

THAT ITEM IS APPROVED UNANIMOUSLY.

THANK YOU, SIR.

UH, THAT MOVES US ON TO, EXCUSE ME, ITEM EIGHT,

[8.b. Consider a Specific Use Provision request by Turn Compost, LLC to operate a compost facility. The site is located at 196 South International Road in District 6.]

B AND C.

AND WE'RE ACTUALLY GOING TO, UH, TAKE THESE, UH, SEPARATELY, UH, ITEM EIGHT B IS CONSIDERED A SPECIFIC USE PROVISION REQUESTS BY TURN COMPOST, LLC, TO A COMPOST FACILITY.

THE SITE IS LOCATED AT 1 96 SOUTH INTERNATIONAL ROAD IN DISTRICT SIX.

IT ALSO, UH, AGAIN HAS A SECOND PART, UH, BUT WE WILL TAKE THIS PART FIRST COUNSEL.

THIS IS A REQUEST FOR AN SUP, UH, AS WELL AS A SITE PLAN TO ALLOW THE OPERATION OF A COMPOST FACILITY.

THE LOCATION OF THE SUBJECT PROPERTY IS 1 96 SOUTH INTERNATIONAL ROAD.

THE APPLICANT IS TURNED COMPOST, LLC.

THE ACREAGE OF THE OVERALL, UH, PROPERTY WHERE THE TREE SURGEONS, UH, IS LOCATED AND WILL CONTINUE, UH, TO BE LOCATED AND OPERATE IS, UM, APPROXIMATELY TWO AND A HALF ACRES.

UM, HOWEVER, THE, UH, LEASE SITE FOR A TURN COMPOST, UH, WILL BE APPROXIMATELY, UH, 29,000 SQUARE FEET.

AND THE PROPERTY IS ZONED INDUSTRIAL, UH, WHICH REQUIRES AN SUP FOR THIS USE, BY THE WAY, THIS IS A, UM, LOCATION MAPS SHOWING THE GENERAL LOCATION OF THE SUBJECT PROPERTY AND SUBJECT PROPERTY IS SHOWN HERE, OUTLINED IN TEAL.

AGAIN, IT IS ZONED INDUSTRIAL.

THERE'S AN OFFICE EXISTING OFFICE BUILDING ON THE PROPERTY AS WELL AS TO A WAREHOUSE BUILDINGS, UH, WHICH TURNED, TURNED COMPOST WOULD NOT OPERATE OUT OF THE BUILDINGS.

IT WOULD BE AN OUTDOOR, UH, OPERATION.

AND AGAIN, THEY WOULD BE, UH, PARTNERING WITH THE TREE SURGEONS, UH, BUSINESS AND, UM, OPERATING, UH, AND COEXISTING ON THE PROPERTY, UH, SURROUNDING THE PROPERTY TO THE WEST AND TO THE SOUTH ARE OTHER, UH, INDUSTRIAL ZONED, UH, USES AND IMMEDIATELY TO THE NORTH AND EAST, OUR MEDICAL USES INCLUDING THE, UH, UM, UH, A BEHAVIORAL HOSPITAL AND THEN FURTHER TO THE NORTH, UM, IS ZONED.

MULTI-FAMILY A COUPLE OF EXISTING APARTMENT COMPLEXES.

THE CONFERENCE OF PLAN FOR THIS, UH, AREA IDENTIFIES IT AS BUSINESS BUSINESS CENTERS.

HERE'S A VIEW OF THE SUBJECT PROPERTY FROM SOUTH INTERNATIONAL ROAD.

SEE THE EXISTING OFFICE BUILDING.

UH, THE SITE IS FENCE.

THE OUTDOOR STORAGE AREA IS CURRENTLY A FENCE.

THEN WE CONTINUE TO BE FENCED BY, UM, SIX FOOT METAL FENCE.

THERE'S SOME ADDITIONAL PICTURES OF THE AREA, ALL THAT READ THROUGH THIS MAYOR THAT PROPERTY IS DEVELOPED WITH ONE OFFICE BUILDING AND TWO WAREHOUSES LOCATED IN THE BACK.

THE OUTSIDE AREA IN THE BACK IS USED FOR FIREWOOD MULCH, NIGHTLY TRUCK AND EQUIPMENT STORAGE.

THE PROPERTY IS AND WILL CONTINUE TO BE OCCUPIED BY TEXAS TREE SURGEONS, A COMPANY THAT PROVIDES TREE CARE SERVICES THAT INCLUDES TREE TRIMMING, TREE HEALTH MANAGEMENT, AND OCCASIONAL TREE REMOVAL.

THE RESULTING BYPRODUCT OF THE SERVICES IS WASTE WOOD THAT IS EITHER CHIPPED INTO MULCH OR SOLD AS FIREWOOD.

MOST OF THE RESULTING MULCH IS STORED ON THE PROPERTY.

THIS APPLICANT TURNED COMPOST PLANS TO LEASE A PORTION OF THE OUTDOOR AREA ON THE PROPERTY TO PRODUCE COMPOST BY ADDING ORGANIC MATTER TO THE EXISTING OUTDOOR MULCH PILES PRODUCED BY TEXAS TREE SURGEONS.

HOWEVER, THE APPLICANT DOES NOT PLAN TO OCCUPY ANY OF ANY OF THE EXISTING BUILDINGS.

THIS IS A SITE PLAN SHOWING THE PROPERTY.

MOSTLY MOST OF THIS IS EXISTING, BUT THIS WOULD BE THE LEASE AREA.

UM, HERE SHOWING THESE SIX, UM, SORT OF ROSE WINDOWS THEY'RE CALLED OF THE, UH, COMPOST, UH, PILES.

SO THAT WOULD BE THE LEASE AREA, ALL STORAGE AND PROCESSING OF THE COMPOST WOULD BE OUTDOORS.

[00:45:01]

THERE WOULD BE NO ONSITE SALES OF THE COMPOST, UH, TURN COMPOST COMES AND DELIVERS THE, UH, OR BRINGS IN THE SCRAPS, DOES THE PRODUCTION OF THE COMPOST AND THEN DELIVERS IT OFFSITE.

AND ACCORDING TO THE APPLICANT, NO MORE THAN TWO OR THREE EMPLOYEES, UM, TO MANAGE THE COMPOSTING OPERATIONS WOULD BE ONSITE AT ONE TIME.

UM, THIS IS A LIST OF THE MATERIALS THAT WOULD BE INCLUDED IN THE COMPOST, MULCH, VEGETABLES, AND FRUIT SCRAPS, COFFEE AND TEA GROUNDS, DRY PASTA, AND GRAINS, EGGSHELLS, TREADED, PAPER LEAVES, AND BEANS, NUTS AND SEEDS.

THE APPLICANT WILL NOT BE MULCHING A MEAT OR EXCUSE ME, UH, COMPOSTING MEAT OR DAIRY PRODUCTS, WHICH, UH, HELPS MITIGATE THE ODOR CONCERNS.

SO WITHOUT THE MEAT OR DAIRY, INCLUDING THE COMPOSTING THAT, UM, UH, SHOULD REDUCE THE ODOR AS WELL AS PEST, UH, CONCERNS AS WELL.

AND THERE MAY NOT BE METHANE IN THE LIKE, UH, PRODUCED AS A RESULT.

SO AGAIN, THIS IS THE LIST OF, UH, THE COMPOSTING MATERIALS.

UM, THE GDC REQUIRES OUTDOOR STORES TO BE SCREENED AT A MINIMUM HEIGHT OF SIX FEET.

THE PROPERTY, AS I MENTIONED EARLIER, IS SURROUNDED BY SIX FOOT TALL SOLID METAL FENCE AND PER THE APPLICANT, THE, UH, WINDOWS, THOSE ARE THE ROWS PILES, IF YOU WILL, OF THE, UH, COMPOSTING, UH, WOULD NOT EXCEED SIX FEET IN HEIGHT.

UH, THE TEXAS TREE SURGEONS AND, UH, TURN COMPOST WOULD BE, UH, UTILIZING THE EXISTING, UH, PARKING AREAS AND SHARING PARKING ACCORDINGLY.

THE APPLICANT IS REQUESTING APPROVAL OF AN SUP FOR A PERIOD OF 10 YEARS.

A STAFF'S RECOMMENDATION IS APPROVAL OF THE REQUEST, THE SUP AND THE SITE PLAN AND THE PLAN COMMISSION, UH, ON APRIL 25TH RECOMMENDED APPROVAL OF THE SUP AND THE SITE PLAN WITH A SEVEN TO ZERO VOTE.

AND MAYOR, WE, UH, SENT OUT 20 NOTIFICATION LETTERS ON THIS CASE.

WE RECEIVED, UH, TWO IN FAVOR.

THOSE WERE OUTSIDE THE NOTIFICATION AREA AND THREE IN OPPOSITION.

THOSE WERE WITHIN THE NOTIFICATION AREA.

SO VERY GOOD.

UH, ANY QUESTIONS FOR STAFF ON THE SIDE OF CUSTOMER BESS? THANK YOU, MAYOR.

WELL, I'D LIKE TO TALK ABOUT THE SIX FOOT AND WINDROW HEIGHT.

UM, YOU MENTIONED THAT, THAT THEY SAID THAT IT WOULD BE, WOULD NOT BE OVER SIX FEET AND IT'S NOT ALLOWED TO BE OVER SIX FEET.

WHAT KIND OF, UM, UM, WHAT KIND OF VIOLATION WOULD THAT BE IF IT WERE, UM, AND IT WOULD BE A CODE COMPLIANCE, UM, UH, MATTER, UH, IF THERE WERE, UM, THE, OF COURSE THE INTENT OF THE ORDINANCE IS THAT, UH, PILES ARE NOT SEEN ABOVE THE SCREENING DEVICE KIND OF FROM THE PUBLIC VIEW.

UH, THIS OFTEN COMES UP DURING RECYCLING CENTERS AND THAT SORT OF THING, WHERE THEY TYPICALLY HAVE MORE PILES HIGHER THAN SIX FEET.

UM, BUT IT WOULD BE A CODE COMPLIANCE MATTER.

YEAH.

OKAY.

THANK YOU.

AND THEN ALSO, UH, JUST A FEW MORE QUESTIONS.

CAN YOU TELL US THE, UM, CAN WE GO BACK TO THE, UH, OVERVIEW WHERE IT SHOWED THE MULTIFAMILY AND THE BEHAVIORAL HOSPITAL FACILITY? OKAY.

AND CAN YOU TELL US WHAT THOSE DISTANCES ARE FROM THE, UM, FROM THE SITE TO THE HOSPITAL AND THEN TO THE MULTI-FAMILY? ABSOLUTELY.

UM, I TOOK A FEW DISTANCES, UH, DID A FEW EARLIER, UM, AND THESE ARE FAIRLY ROUGH MEASUREMENTS, BUT I ESTIMATED THE DISTANCE BETWEEN THE, UM, LOCATION OF THE COMPOST PILES AND THE ACTUAL HOSPITAL BUILDING, UH, TO BE ABOUT 300 FEET APART.

UM, MORE LIKE ABOUT 125 FEET TO THE, UH, I BELIEVE IT'S A COSMETIC DENTIST OFFICE TO THE NORTH.

UH, AND THEN FROM THE, UM, WINTER PILES TO THE, UH, NEAREST APARTMENT BUILDING, UM, LOCATE A BELIEVE KIND OF THIS DIRECTION, ACTUALLY I MEASURED IN BOTH DIRECTIONS.

IT WAS ABOUT THE SAME, ABOUT 600 FEET AWAY.

OKAY.

THANK YOU WILL THINK OF ME NO FURTHER QUESTIONS.

THANK YOU, SIR.

CUSTOMER NUMBER UP AND THANK YOU, MAYOR.

UM, WELL, A COUPLE OF QUESTIONS ABOUT, UH, I GUESS, ABOUT THE OPERATION OR THE NEED FOR AN SUP.

UM, SO I'M JUST TRYING TO UNDERSTAND, CURRENTLY THERE ARE, WOODPILES, IT'S BASICALLY A TREE SURGEONS AND OUR BIOLOGICAL, UH, FACILITY, SO THEY'RE CURRENTLY WOODPILES.

AND SO IF THE, IF THE TREE SURGEONS, PEOPLE WANTED TO LIKE GET A BUNCH OF VEGGIES AND PUT THEM ON THE PILE AND TURN THEM THEMSELVES, WOULD THEY NEED A PERMIT TO DO THAT WELL? UM, AND THEY, WE APPRECIATE THEM COMING TO US FROM THE BEGINNING.

THIS WASN'T SOMETHING THAT, YOU KNOW, THEY DIDN'T ASK FOR FORGIVENESS.

SO WE ALWAYS APPRECIATE THAT.

UM,

[00:50:01]

THEY DISTRICT OLC AND I, UH, EARLY ON, UH, BEFORE THIS SEP PROCESS GOT STARTED AND, UM, EXPLAINED TO, OF COURSE THIS IS A DIFFERENT OPERATOR, THAT'D BE SUBLEASING IT.

SO IT DID TRIGGER, UM, WHAT WOULD NEED A CERTIFICATE OF OCCUPANCY? AND THERE, THERE IS A DEFINITION, THE GDC WHEN MR. HULK AND I LOOKED THROUGH IT, UM, BULK MATERIALS, SALES, AND STORAGE, UM, IT DOES CALL OUT COMPOST AS AN EXAMPLE OF, OF PILES THAT ARE OUTDOOR, UM, THAT WOULD FALL INTO THAT CATEGORY.

AND THAT, THAT IS LISTED BY SUP ONLY IN, SO DOES DO THE TREE SURGEONS FOLKS HAVE, UH, SO, BUT RIGHT NOW THERE ARE PILES OF WOOD CHIPS.

WE'RE JUST KEEP, SO WE'RE TALKING ABOUT JUST KIND OF MAGICALLY TRANSFORMING THEM INTO NOT WOOD CHIPS.

UM, SO, BUT IF YOU HAVE A PILE OF WOOD CHIPS TO THE TREE SURGEONS, PEOPLE NEED TO HAVE, UH, AN SUP FOR THE PILE OF WOOD CHIPS.

UM, THEY, THEY DO NOT HAVE AN SUP NO, SIR.

DO THEY NEED AN SVP FOR A PILE OF WOOD CHIPS? OKAY.

UM, I WOULD JUST, I'M JUST TRYING TO UNDERSTAND THE, YOU KNOW, SOMETIMES WE RUN INTO THINGS AND IT'S LIKE, WELL, WE'RE PUTTING THESE FOLKS THROUGH THIS PROCESS, BUT WE DO, WE ACTUALLY NEED THAT.

BUT RIGHT NOW I'M JUST TRYING TO GET AN IDEA OF THE LANDSCAPE HERE.

THAT'S ALL.

SO TO SPEAK.

YEAH.

WE DIDN'T GO DOWN THAT ROAD AS FAR AS THE EXISTING OPERATOR, UM, GOES, BUT, UM, THE, IT, IT WAS BASICALLY DETERMINED THAT THIS KIND OF TRIGGER THE SUP FOR THE, THE NEW, UH, PILES THAT WOULD BE PROPOSED.

OKAY.

CAUSE I, I COULD, BUT IF THEY, SO IF THEY HAVE AN EXISTING NON-CONFORMING USE, SO WE HAVEN'T HAD AN ISSUE WITH, WHICH IS THE, BECAUSE IT SOUNDED LIKE BULK MATERIAL PILES WITH CHIPS.

SURE.

UM, BUT IF THEY JUST DO IT, SO IS THIS ALL JUST BECAUSE THEY'RE SUBLEASING IT, I MEAN, IF THEY HAD, IF THEY HAD HIRED TURN TO COME IN TO DO THIS FOR THEM OR SOMETHING, WOULD THAT, WOULD THAT BE DIFFERENT? DO YOU SEE WHAT I'M GETTING AT? I DON'T KNOW IF I'M MAKING A LOT OF SENSE.

I'M SORRY.

I DO IT.

IT DOES MAKE SENSE.

UM, YEAH, I I'M AFRAID I WOULD HAVE PROBABLY HAVE TO GO AND THINK ABOUT THAT IF IT WERE THE SAME USER, SAME OPERATOR.

I MEAN, UH, AGAIN, I THINK WE JUST, UM, HAD DETERMINED THAT BECAUSE IT WAS A NEW OPERATOR, WHICH WOULD TRIGGER A CERTIFICATE OF OCCUPANCY BECAUSE DETERMINED THIS IS A PARTICULAR WAY IN USE.

UM, UM, MULCHING WAS SOMETHING WE NOTICED THAT WAS, YOU KNOW, UM, CALLED OUT IN THAT PARTICULAR LAND USE.

AND, UM, AND, AND, YOU KNOW, SOME OF THE CONCERNS WE HAD EARLY ON ABOUT ODORS AND THAT THE, LIKE, UM, THERE WAS ALSO A QUESTION WE HAD ASKED OURSELVES AS SOMETHING, YOU KNOW, ADMINISTRATIVELY WE, UM, WOULD, WOULD NEED TO APPROVE OR WHAT SHOULD IT GO THROUGH THE SUP PROCESS? AND THAT'S THE WAY WE WENT.

NO, I GOT, YA KNOW, AND I'M NOT SUGGESTING ANY CRITICISM OF YOUR STAFF OR ANYTHING.

I'M JUST TRYING TO GET A QUESTION, UNDERSTAND EXACTLY WHAT IT IS THAT WE'RE DOING.

AND SOMETIMES WE END UP CATCHING OURSELVES ON SOME KIND OF TECHNICALITIES OR SOMETHING WHERE IT'S LIKE, JUST BECAUSE THEY BROUGHT IN A NEW, YOU KNOW, A DIFF BECAUSE OF THE LEGAL STRUCTURE OF HOW THEY'RE DOING IT, ARE THEY BEING REQUIRED TO DO SOMETHING THAT IF THEY HAD STRUCTURED IT SOMEWHAT DIFFERENTLY, THAT WOULD BE LIKE, YEAH.

DO YOU KNOW YOU DON'T NEED ANYTHING FROM US? THAT'S, THAT'S JUST WHERE MY HEAD IS ON IT, BUT THANK YOU.

THANK YOU, MR. MAYOR.

YES, SIR.

FROM A NON BOTANISTS LAWYER.

UM, UM, I WOULD SAY THERE WOULD BE FROM A LAND USE PERSPECTIVE, THERE COULD BE A DISTINCTION, AN ARGUMENT FOR A DISTINCTION BETWEEN COMPOST, UH, WHERE THERE'S A CHEMICAL CHANGE VERSUS VERSUS MULCHING WHERE THERE'S A PHYSICAL CHANGE.

AND SO, UM, IN ODORS WOULD BE ONE OF THOSE, UM, UM, SYMPTOMS OF THE DISTINCTION BETWEEN IT HAS SOME AND NOT TO GET TOO FAR INTO THE, INTO THE WEEDS.

UM, BUT I THINK MULTIPLE CA AT SOME LEVEL, SORRY, I'M ALMOST KIND OF REGRETTING BRINGING THAT UP THERE.

JUST YOU AND ME BOTH.

Y'ALL JUST, CAN'T WAIT.

I SAW MY SHADOW A FEW WEEKS AGO, AND NOW YOU GET SIX MORE WEEKS OF ME BEFORE I'M OFF COUNCIL.

SO, UM, SO I MIGHT AS WELL MAKE THE BEST USE OF MY TIME WHILE I HAVE IT.

UH, BUT IT SEEMS TO ME THOUGH THAT, THAT, UH, AND, AND MAYBE, MAYBE THIS IS A BETTER QUESTION FOR OUR COMPOSTING PROFESSIONALS, BUT THE, THE MO THE MULCH MULCH TURNS INTO COMPOST, UH, BASICALLY ON ITS OWN, IT'S GOING TO DECOMPOSE ANYWAY.

AND SO WE'RE JUST CHANGING THE DECOMPOSITION PROCESS.

AND SO, I DON'T KNOW, IT'S JUST, IT'S JUST ONE OF THESE THINGS THAT IT'S LIKE, YOU KNOW, ARE WE, ARE WE ADDING A LEVEL OF REGULATION THAT WE WOULDN'T OTHERWISE, IF, YOU KNOW, IF THEY HAD JUST, YOU KNOW, IF THEY HAD, INSTEAD OF SUBLEASING TO TURN, IF THEY SUBCONTRACTED WITH TURN TO COME IN AND HEY, WILL YOU PEOPLE PLEASE TURN, TURN,

[00:55:01]

UM, TRANSFORM OR, UH, OR EXPEDITE THE DECOMPOSITION PROCESS OF THIS WOOD INTO MALT.

SO, UM, JUST, JUST THERE, BUT THANK YOU FOR YOUR INPUT AND THAT I WILL GET OUT OF THIS.

UM, I SHOULD HAVE TURNED THE MIC OFF A LITTLE EARLIER.

YES.

COUNSELOR MORE, PLEASE HELP US HERE.

THANK YOU, MR. MAYOR.

UM, I HAVE A QUESTION I'D LIKE FOR JASON TO MAY BECOME, UH, HELP US WITH JASON.

UH, I DON'T KNOW IF HAVE YOU HAD OPPORTUNITY TO LOOK AT THIS CASE AND THE WAY OF THE CITIZENS COMPLAINT.

OKAY.

I'D LIKE TO JUST HAVE YOUR EXPLANATIONS, UH, AS IT RELATES TO THE ODOR FOR ONE THING, OF COURSE, UH, UH, HAVING READ EVERYTHING HERE, IT DOES APPEAR THAT THE MANNER BY WHICH THEY'RE GOING TO BE, UH, CONSTRUCTING THE, THE, THE SITE, IT'S NOT GOING TO HAVE ANY FOOD PRODUCTS AND SO ON AND SO FORTH.

SO MAYBE THE, THE OLDER IS NOT REALLY THAT MUCH OF A PROBLEM, BUT THERE IS SOMETHING HERE REGARDING PATHOGENS AS IT RELATES TO A HOSPITAL BEING CLOSE TO THE FACILITY.

UH, CAN YOU ADDRESS FOR US, UM, UH, THIS CONCERN AS IT RELATES TO, UH, IS THERE A REASON TO HAVE CONCERN FOR IT? YEAH, I DID SEE THAT IN THE, UH, THE PACKET, AND I GUESS THE BEST WAY IS AS I THINK THROUGH THE POTENTIAL OF PATHOGENS FROM THIS PROCESS, TYPICALLY FROM A STANDPOINT OF PATHOGENS THAT THRIVE ON ORGANIC MATERIAL, TYPICALLY THOSE ARE ONLY THREATS WHEN INGESTED, RIGHT? SO WE'RE TALKING ABOUT NORMALLY FOODBORNE ILLNESSES, ILLNESS, WHERE FOOD IS STORED IN PROPERLY, RARELY ARE THOSE.

I, IN FACT, I CAN'T THINK OFF THE TOP OF MY HEAD OF A SINGLE CONTENT PATHOGEN THAT WAS PASSED ON.

YEAH, YOU, YOU HAVE TO INGEST IT RATHER THAN BREATHING IT IN THE, THE PATHOGENS THAT, UM, TYPICALLY INFECTED THE RESPIRATORY TRACT, UM, ARE NOT, WOULD NOT THRIVE ON ORGANIC WASTE.

SO IT'S HARD FOR ME TO IMAGINE A THREAT IN TERMS OF PATHOGENS FROM THIS PROCESS BEING MOVED BY WIND OFFSITE.

WELL, BASED ON THE COMPENSATION THAT THEY'RE TALKING PRESENTLY, YOU DON'T SEE THIS BEING A THREAT TO THE HOSPITAL OR TO SURROUNDING BUSINESSES IN THAT REGARD.

I DO NOT.

THANK YOU, MS. JASON, BEFORE YOU STEP AWAY, I KNOW MOST OF THE, MOST OF THIS CITY HAS SEEN A LOT OF YOU OVER THE LAST TWO YEARS, BUT FOR THOSE, INTRODUCE YOURSELF, PLEASE.

UH, MY NAME IS JASON CHESHIRE.

I'M THE MANAGING DIRECTOR OF HEALTH.

NOT, NOT ONLY AM I THE COVID GUY, BUT YES.

THAT'S BECOME YOUR CLAIM TO FAME.

YES.

BUT THANK YOU, JASON.

I APPRECIATE IT.

DEPUTY MAYOR PRO TIM WILLIAMS. THANK YOU.

MA'AM I'LL HOLD MY ALCOHOL, MY QUESTION FOR THE APPLICANT.

OKAY.

VERY GOOD.

UH, COUNCILMAN REVERA.

JASON, CAN YOU GIVE US A DEFINITION OF ERIK CONTAMINANTS? UH, YES, SIR.

AND I'LL, I'LL GIVE THE REFERENCE FIRST, THAT DEFINITION IS LOCATED IN ARTICLE THREE OF CHAPTER 22, SECTION 22.45, UM, AIR CONTAMINANT, AND I'LL READ, IT MEANS PARTICULATE MATTER, DUST, FUMES, GAS, MIST, SMOKE, VAPOR, OR ODOR, WHICH I THINK IS THE, THE INTEREST IN THIS PARTICULAR CASE, VAPOR OR ODOR IN ANY COMBINATION, THERE ARE PRODUCED BY PROCESSES OF THE NATURAL.

OKAY.

WHAT ABOUT AIR POLLUTION AND AIR POLLUTION IS THE VERY NEXT DEFINITION IN THAT SECTION.

AGAIN, I'LL RATE IT.

AIR POLLUTION MEANS THE PRESENCE IN THE ATMOSPHERE OF ONE OR MORE AIR CONTAMINANTS, WHICH I JUST READ THE DEFINITION OF AN AIR CONTAINMENT OR COMBINATIONS THEREOF IN SUCH CONCENTRATION AND OF SUCH DURATION AS ARE, OR MAY TEND TO BE INTEREST OR ADVERSELY AFFECT HUMANS, ANIMAL LIFE, VEGETATION, PROPERTY, OR AS TO INTERFERE WITH THE NORMAL USE AND ENJOYMENT OF ANIMAL LIFE, VEGETATION, OR PROPERTY.

WHAT ABOUT HEALTH HEALTH HAZARDS IS DOWN A BIT.

UM, THIS IS A LONG ONE.

SO BEAR WITH ME A HEALTH HAZARD SHALL INCLUDE THE EXISTENCE OF ONE OR MORE OF THE FOLLOWING CONDITIONS IN A MANNER AND A PLACE AND A CONCENTRATION IN A COMBINATION OR IN A DURATION THAT HUMAN OR ANIMAL DISEASE OR INJURY IS LIKELY IF THE HEALTH HAZARD, IF THE HEALTH HAZARD IS NOT ABATED HARMFUL CONCENTRATIONS OF STINGING INSECTS OF THE ORDER, HYMENOPTERA COMMUNICABLE DISEASES AS SPECIFIED BY THE HEALTH AUTHORITY, HUMAN PATHOGENS, INFECTIOUS MATERIAL, POISON IVY, POISON, OAK, OR POISON SUMAC WITHIN 50

[01:00:01]

FEET OF AN OCCUPIED RESIDENCE, HUMAN ECTO, PARASITES, HARMFUL CHEMICAL AGENTS, AIR CONTAMINANTS, AND HAZARDOUS OR NUISANCE CONCENTRATIONS.

THAT'S THE KEY PHRASE HERE AND PROPERLY STORED OR UTILIZED CHEMICAL SUBSTANCES AND PHYSICAL FACILITIES OR EQUIPMENT IN A CONDITION LIKELY TO RESULT IN HUMAN INJURY OR DISEASE TRANSMISSION.

IF, UM, YOU HAVE HER POLLUTION, DO YOU HAVE ANY, UH, WHAT ARE THE OFFENSES FOR THAT? SO IN THAT SAME SECTION AS 22.46, UM, REFERS TO AIR POLLUTION, AND IT'S A VERY SHORT SECTION OF A PERSON COMMITS AN OFFENSE.

UH, IF HE CAUSES SUFFERS, ALLOWS OR PERMITS THE EMISSION OR DISCHARGE OF AN AIR CONTAMINANT, WHICH WAS ONE OF THE DEFINITIONS I READ, UH, WHICH WILL CAUSE AIR POLLUTION.

AND WHAT ABOUT HEALTH I'M SORRY, AND HEALTH HAZARD.

THE SECTION BELOW THAT A PERSON COMMITS AN OFFENSE.

IF HE CALLS SUFFERS, ALLOWS OR PERMITS A HEALTH HAZARD ON ANY PUBLIC PLACE OR ANY LOT GROUND YARD OR RESIDENTS IN THE CITY.

SO THOSE ARE THE ORDINANCES THAT RELATE TO ODOR THAT'S.

THOSE ARE THE TEETH OF THE ORDINANCE THAT OUR DEPARTMENT USES TO ENFORCE, UM, ODOR NUISANCES.

OKAY.

THANK YOU.

SURE.

THANK YOU.

MA'AM CUSTOMER SMITH.

YEAH, YOU'RE GETTING AWAY.

UM, BACK ON THE DEFINITION AND 22.45, UH, WHERE IT DEFINES AIR CONTAMINANT, UH, THE END OF THAT SENTENCE DOES SAY PRODUCED BY PROCESSES OTHER THAN NATURAL, RIGHT? AND SO COMPOSTING GENERALLY IS A NATURAL PROCESS.

IS THERE ANYTHING ABOUT THIS PARTICULAR IMPLEMENTATION THAT LEADS US TO BELIEVE THAT IT WOULD BE OTHER ANYTHING OTHER THAN COMPOSTS THAT SIMULATES A NATURAL PROCESS? I THINK, AND I MAY, BRIAN ENGLAND MAY SPEAK UP HERE AND CORRECT ME, BUT COMPOSTING IS, UM, UM, HOW'S THE BEST WAY TO SAY THIS COMPOSTING USES OR ENHANCES A NATURAL PROCESS? MY UNDERSTANDING OF COMPOSTING AND I DON'T MEAN TO BE A COMPOSTING EXPERT.

I KNOW A LITTLE BIT ABOUT IT HERE.

SO YOU'RE, UM, COMPOSTING UTILIZES OR SPEEDS UP NATURAL PROCESSES TO, UM, DEGRADE, I GUESS, IS FOR LACK OF A BETTER TERM, ORGANIC WASTE DOWN TO MORE BASIC MATERIALS THAT CAN BE USED FOR SOIL NUTRIENTS.

RIGHT.

IS THERE ANYTHING, UH, ARE WE SEEING ANY INTENT TO ADD ANY SORT OF CHEMICAL MIXTURE THAT'S NOT NORMAL VEGETATION? UM, OBVIOUSLY THEY LEAVING MEAT AND DAIRY OUT OF IT, WHICH I UNDERSTAND THAT YOU DON'T HAVE TO SMELL SPOILAGE, BUT I'M TRYING TO DECIDE WHAT, IF THERE'S ANY REAL DIFFERENCE BETWEEN THIS, WHICH IS JUST A FOCUSED AND CONCENTRATED NATURAL PROCESS? WELL, I THINK WHAT YOU'RE SAYING FROM AN, I SUPPOSE FROM A, FROM A NUISANCE VALLEY OR FROM A NUISANCE STANDPOINT, I WOULD ARGUE THAT THE COMPOSTING PROCESS ITSELF, THE PHYSICAL PROCESS OF SPEEDING UP THAT DECOMPOSITION WOULD BE THE UNNATURAL PART.

OKAY.

AND, AND BRINGING MATERIALS TO THE SITE THAT WEREN'T THERE NATURALLY.

OKAY.

DO WE HAVE ANY CONCERNS AT ALL ABOUT, UM, UH, GROUNDWATER OR WASH OUT FROM, UH, WHEN IT RAINS ON THIS SITE? UH, IS THERE ANYTHING THAT'S WE THINK MIGHT BE OUT OF THE ORDINARY OR ARE THE CONTAINERS SORT OF DESIGNED WITH THAT IN MIND? AND THAT MAY BE A QUESTION FOR THE APPLICANT THAT MAY BE MORE OF A QUESTION FOR THE APPLICANT.

HAVE NOT, I'VE NOT THOUGHT THROUGH THAT.

UM, I'M NOT AWARE OF THE FEW COMPOSTING OPERATIONS THAT I'VE SEEN.

I'M NOT AWARE OF PROBLEMS ASSOCIATED WITH RUNOFF OTHER THAN TOTAL SUSPENDED SOLIDS.

OKAY.

SORT OF SIMILAR TO EROSION.

OKAY.

I THINK THE ONLY OTHER