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[00:00:01]

GOOD EVENING AND WELCOME TO THE NOVEMBER 10, 2020 REGULAR MEETING OF THE CITY COUNCIL.

WE ARE, AS WE CONTINUE TO MEET IN OUR VIRTUAL MODE, LINKS TO THE LINKS TO SPEAK ARE IN THE AGENDA AS WE HAVE HAD THEM.

IN THE ZOOM PLATFORM.

PLEASE USE THE RAISE YOUR HAND FUNCTION TO BE RECOGNIZED.

AND IT IS THE CUSTOM AND TRADITION OF THE CITY COUNCIL TO HAVE AN INVOCATION AND 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 DISTRICT FIVE COUNCIL MEMBER RICH AUBIN, SIR. THANK YOU, MAYOR.

IF YOU CARE TO, PLEASE JOIN ME IN PRAYER.

FATHER IN HEAVEN, THANK YOU FOR YOUR MANY BLESSINGS.

PLEASE WATCH OVER OUR RESIDENTS, OUR STAFF, OUR FIRST RESPONDERS AND THOSE WHO ARE BATTLING THE CORONAVIRUS GIVE COMFORT TO THOSE WHO HAVE LOST FAMILY AND FRIENDS TO THIS PLAGUE AND GIVE WISDOM TO OUR ELECTED OFFICIALS INTO THE MEDICAL AND SCIENTIFIC COMMUNITY BATTLING THIS SCOURGE.

GOD, WE'RE GRATEFUL TO LIVE IN GARLAND IN AMERICA FOR THE BLESSINGS OF THE FREE AND FAIR ELECTIONS OF A ROBUST DEMOCRACY, YOU TOLD US IN CORINTHIANS THAT FINALLY ALL OF YOU HAVE UNITY OF MIND, SYMPATHY, BROTHERLY LOVE, A TENDER HEART AND A HUMBLE MIND.

WE BESEECH YOU TO HELP US MEET THAT STANDARD.

LORD, WE ASK THAT YOU CONTINUE TO BLESS ALL THE PEOPLE OF THE CITY OF GARLAND, INCLUDING THIS COUNCIL, PARTICULARLY ITS DEPARTING AND ARRIVING MEMBERS IN THEIR NEW AND CHANGED ENDEAVORS. WE ASK THAT YOU PARTICULARLY BLESSING GUIDE OUR LEADERS, PRESIDENT ELECT BIDEN AND VICE PRESIDENT ELECT HARRIS, AS WELL AS PRESIDENT TRUMP AND VICE PRESIDENT PENCE.

HELP US, OH GOD, TO LIVE UP TO THE PLEDGE WE WILL SHORTLY TAKE TO MAKE THE UNITED STATES ONE NATION UNDER GOD, INDIVISIBLE.

MAY GOD BLESS GARLAND, WEST TEXAS AND BLESS AMERICA, THIS LAND AND THIS DEMOCRACY WHICH WE SO GREATLY CHERISH.

AND NOW FOR THE PLEDGE OF ALLEGIANCE.

THANK YOU, SIR. AND JUST A QUICK ANNOUNCEMENT, COUNCIL DEPUTY MAYOR PRO TEM VERA WILL NOT BE ABLE TO JOIN US THIS EVENING.

SO SO THE FIRST ITEM WILL GO AHEAD AND MOVE ON TO OUR AGENDA.

[Consent Agenda]

THE FIRST ITEM IS OUR 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 IN A PREVIOUS WORK SESSION, AND APPROVAL OF THE CONSENT AGENDA AUTHORIZES THE CITY MANAGER TO IMPLEMENT EACH ITEM.

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

AT THIS TIME, I DON'T HAVE ANY REQUEST TO HAVE ANY ITEMS REMOVED.

BUT LET ME GO AHEAD AND GO THROUGH THE AGENDA.

ITEM ONE, CONSIDER APPROVAL OF THE MINUTES OF THE OCTOBER 20TH 2020 REGULAR MEETING ITEM TO CONSIDER APPROVAL OF THE FOLLOWING BIDS.

2A REPLACEMENT RUGGEDIZED MOBILE STATIONS.

2B GP&L NEVILL ROAD TO GREASEWOOD 345KV TRANSMISSION LINE CONSTRUCTION SERVICES.

2C GP&L SUBSTATION CONNECTORS IN FITTINGS.

2 D GP&L LIMESTONE TO GIBBONS' CREEK TRANSMISSION LINE STRUCTURES.

2E GP&L TMPA MCCREE SUBSTATION CONSTRUCTION.

2 F AUDOBON RECREATION CENTER FITNESS EQUIPMENT.

2G ARTERIAL PAVEMENT MAINTENANCE MINOR REPAIRS FIVE.

2H POLICE PURSUIT VEHICLES.

2I STATE HIGHWAY 78 CONCEPTUAL LANDSCAPE MASTER PLAN.

2J PLAYGROUND PROGRAM EQUIPMENT.

2K GP&L NEWMAN 69KV SUBSTATION FEEDER DUCT LINE INSTALLATION PHASE ONE.

2L ROWLETT CREEK WASTEWATER TREATMENT PLANT, SEWER LINE REHABILITATION.

2M CARROLL DRIVE, PAVING WATER AND WASTEWATER REPLACEMENT.

2N CONCRETE SAWING SERVICES.

AND 2O AMBULANCE COTS LOADERS AND STAIR CHAIRS.

ITEM THREE CONSIDERED BY MINUTE ACTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT OF SALE FOR THE PROPERTY AND AUTHORIZE THE MAYOR TO EXECUTE A DEED WITHOUT

[00:05:01]

WARRANTY. CONVEYING THE THREE POINT ZERO ACRE PARCEL OF LAND TO RAYBURN ELECTRIC COOPERATIVE FOR THE AMOUNT OF THREE HUNDRED THOUSAND ONE HUNDRED DOLLARS ONCE THE TERMS OF THE CONTRACT HAD BEEN MET AND ITEM FOR PUBLIC HEARING WAS PREVIOUSLY CONDUCTED.

ON THE FOLLOWING ZONING CASE, COUNCIL APPROVES THE REQUEST AND INSTRUCTED STAFF TO BRING FORTH THE FOLLOWING ORDINANCE FOR CONSIDERATION.

ITEM 4A IS ZONING FILE Z 19-22 QUICKTRIP CORP.

AND GLENN ENGINEERING CORPORATION IN DISTRICT THREE.

THAT IS THE CONSENT AGENDA.

I DO NOT HAVE ANYONE IN THE QUEUE OR SEE ANY REQUESTS TO HAVE ANY ITEMS PULLED AND CONSIDERED SEPARATELY.

COUNCIL MEMBER AUBIN.

THANK YOU, MAYOR. I MOVE THAT WE APPROVE THE CONSENT AGENDA AS PRESENTED.

I HAVE A MOTION BY COUNCIL MEMBER AUBIN, A SECOND BY COUNCILMAN NICKERSON, TO APPROVE THE CONSENT AGENDA AS PRESENTED.

PLEASE VOTE. AND THAT ITEM IS APPROVED UNANIMOUSLY.

THANK YOU. AND WE WILL MOVE ON TO OUR ITEMS FOR INDIVIDUAL CONSIDERATION.

ANYONE WISHING TO SPEAK FOR OR AGAINST OR ON AN AGENDA ITEM HOPEFULLY HAS REGISTERED TO SPEAK THROUGH OUR THROUGH OUR SYSTEM, WE'LL RECOGNIZE ANY SPEAKERS AND PROVIDE TIME FOR THEM. APPLICANTS WILL HAVE 10 MINUTES TO MAKE THEIR PRESENTATION AND THEN SUBSEQUENT SPEAKERS, THREE MINUTES AND FOR APPLICANTS.

WE WILL ALSO PROVIDE TIME AT THE END FOR REBUTTAL IF NEEDED AND.

[5. Hold a Public Hearing to Obtain Input Regarding Additional ESG-CV and CDBG-CV Funding Authorized by the CARES Act]

THE FIRST ITEM IS ITEM FIVE, HOLD A PUBLIC HEARING TO OBTAIN INPUT REGARDING ADDITIONAL ESGCB AND CDBGCB FUNDING AUTHORIZED BY THE CARES ACT.

IS THERE ANYONE WHO WOULD LIKE TO SPEAK TO THE COUNCIL ON THIS ITEM? I COUNCIL, I DON'T HAVE ANYBODY IN THE QUEUE.

WE DISCUSSED THIS ITEM LAST NIGHT IN OUR WORK SESSION AS FAR AS THE PLAN THAT WAS PRESENTED TO US TO MOVE FORWARD WITH SEEING NO ONE IN THE QUEUE, I WILL CLOSE THE PUBLIC HEARING AND WE WILL, I BELIEVE, MOVE ON.

[6A. Consider a Specific Use Provision (SUP) request by Jerry DeFeo to add outdoor used car sales at an existing automobile repair facility at 4301 Action Street in District 6.]

[6B. Consider a Plan request by Jerry DeFeo to add outdoor used car sales at an existing automobile repair facility at 4301 Action Street in District 6.]

ITEM SIX, PUBLIC HEARINGS, ITEM SIX A.

IN COUNCIL, WE ARE GOING TO WE'RE GOING TO CONSIDER ITEM SIX, A AND B AT THE SAME TIME.

THEY ARE THEY ARE BASICALLY PART OF THE SAME THEY'RE THE SAME CASE.

JUST TWO DIFFERENT ASPECTS OF THE SAME CASE.

SO SIX A IS CONSIDER A SPECIFIC USE PROVISION REQUEST BY JURY TO PHASE OUT AT OUTDOOR USED CAR SALES AT AN EXISTING AUTOMOBILE REPAIR FACILITY AT 4301 ACTION STREET IN DISTRICT SIX AND SIX B IS CONSIDER A PLAN REQUEST BY JERRY DEFEO TO ADD OUTDOOR USED CAR SALES AT AN EXISTING AUTOMOBILE REPAIR FACILITY AGAIN AT 4301 ACTION STREET IN DISTRICT SIX.

ALL RIGHT. STAFF PRESENTATION.

KIMBERLY. GOOD EVENING.

THIS IS THE REQUEST AS STATED THE PROJECT IS LOCATED AT 4301 ACTION STREET IN THE ACREAGE IS APPROXIMATELY ZERO POINT THIRTY FIVE ACRES.

THIS IS THE LOCATION MAP, THE PROPERTY AS OUTLINED IN TEAL AND IT IS OF EASY STREET AND ACTION STREET AND THE ENTIRE AREA IS ZONED INDUSTRIAL AND THIS AREA IS CONSISTED OF HVAC COMPANIES BUILDING MATERIAL SUPPLIERS, FLEET EQUIPMENT AND ALSO AUTO REPAIR FACILITIES.

THESE ARE THE PHOTOS OF THE AREA.

THE TOP TWO IMAGES ARE THE SUBJECT AREA.

BELOW IS A REPAIR FACILITY AND NEXT DOOR IS A FLEET EQUIPMENT AND MATERIALS SUPPLIER

[00:10:04]

BUSINESS. THIS IS THE SITE PLAN THAT APPLICANT IS PROPOSING AND THEY'VE RECENTLY SUBMITTED IN A REVISED PLAN THAT WAS SUBMITTED TO COUNCIL.

19 PARKING SPACES ARE REQUIRED AS PER THE GDC FOR THE EXISTING AND PROPOSED USE.

THE APPLICANT IS PROPOSING TO ADD USED CAR SALES TO AN EXISTING 5000 SQUARE FOOT AUTOMOBILE REPAIR BUSINESS.

AND THE SALES WOULD INCLUDE OUTDOOR PARKING AND DISPLAY OF VEHICLES.

SO THE APPLICANT IS PROVIDING THE 19 PARKING SPACES AS PER THE GDC.

HOWEVER, SIX OF THE PARKING SPACES ARE DESIGNATED FOR DISPLAY PURPOSES, WHILE 13 PARKING SPACES ARE FOR CUSTOMERS.

THE APPLICANT IS NOT EXPANDING THE PARKING LOT OR EXPANDING THE BUILDING, THEREFORE LANDSCAPING IS NOT TRIGGERED BY THIS REQUEST.

HOWEVER, THE APPLICANT IS PROPOSING LANDSCAPING ALONG ACTION STREET.

AS OF YESTERDAY, THE APPLICANT AMENDED THEIR REQUEST TO REQUEST A SPECIFIC PROVISION FOR 10 YEARS ON THE ORIGINAL SUP REQUEST WAS FOR 20 YEARS.

STAFF RECOMMENDATION IS DENIAL OF A SPECIFIC USE PROVISION FOR AUTOMOBILE SALES, NEW OR USED, AND ALSO STAFF RECOMMENDATION IS DENIAL OF A PLAN FOR AN AUTOMOBILE SALES NEW OR USED ON A PROPERTY ZONED INDUSTRIAL DISTRICT.

IT IS RECOMMENDED THAT USES ON THIS SUBJECT SITE CONTRIBUTE TO OR SUPPORT INDUSTRIAL EMPLOYMENT AND KEEPING WITHIN THE INTENT OF INDUSTRIAL DISTRICT AND INDUSTRY CENTER'S RECOMMENDATION OF THE ENVISION GARLAND PLAN.

SHOULD THE COUNCIL APPROVE THE REQUEST PARKING SPACES FOR AUTO SALES DISPLAY OR RECOMMENDED TO BE LIMITED ONLY TO THOSE THAT ARE SHOWN ON THE SITE PLAN.

PLANNING COMMISSION RECOMMENDATION ON OCTOBER 12 WAS A DENIAL VOTE WAS SIX TO THREE FOR THE SPECIFIC USE PROVISION AND ALSO PLANNED COMMISSION VOTED NINE TO ZERO, ALSO RECOMMENDING A DENIAL FOR PLAN FOR AUTO SALES.

EMAILED OUT 22 NOTIFICATION LETTERS, FIVE ARE FOR INSIDE THE NOTIFICATION AREA, AND THE TOTAL RESPONSE WAS FIVE, AND THAT IS THE END OF MY PRESENTATION.

YOU CAN UNSHARE YOUR SCREEN FOR ME.

I LOVE HOW WE HAVE AN INTERSECTION HERE IN THE CITY WHERE ACTION AND EASY STREET COME TOGETHER. I THINK THAT'S THAT IS PROBABLY THE MOST PERFECT INTERSECTION OF TWO STREETS I CAN THINK OF. ANY QUESTIONS FOR STAFF.

I SEE NONE.

I DO KNOW I BELIEVE WE HAVE THE APPLICANTS, MR. DEFEO, I SEE YOU IN THE QUEUE.

IF YOU CAN UNMUTE YOURSELF AND IF YOU CAN GIVE US YOUR NAME AND ADDRESS FOR THE RECORD AND YOU WILL HAVE TEN MINUTES.

CAN EVERYONE HEAR ME NOW? YES, SIR. WE CAN MAKE A COMMERCIAL.

MY NAME IS JERRY DEFEO.

I LIVE AT 1806 EASTERN HILLS IN GARLAND, AND I'M HERE TO DISCUSS THE APPLICATION FOR AN SUP. YOU KNOW, I'VE HEARD HOW IT WENT AT THE PLANNING COMMISSION.

I KIND OF FEEL LIKE THAT MAYBE CITY COUNCIL HAS A LITTLE BIT MORE OBJECTIVE TO THE FUTURE. MOST OF THE INFORMATION, I BELIEVE, IS IN FRONT OF YOU.

ONE OF THE MAJOR CHANGES THAT WE HAVE MADE FROM WHEN WE FIRST PUT IN THE APPLICATION WAS TO REDUCE THE TIME FROM 20 YEARS DOWN TO 10 TO 20 YEARS.

TYPICALLY COMES FROM SO MANY TIMES WHEN YOU ARE BORROWING MONEY, YOU HAVE A LENDER THAT

[00:15:04]

WANTS TO KNOW THAT, YOU KNOW, YOU CAN GET THROUGH THE TIME AND NOT ONLY HAVE, YOU KNOW, A ONE YEAR OR THREE YEAR SUP.

ANOTHER MAJOR CHANGE IS WHAT THE APPLICANT, MY CLIENT IS BASICALLY WILLING TO DO IN ORDER TO GAIN THIS SUP, IN ADDITION TO A TOTAL REMODEL, WHICH INCLUDES ALL NEW INTERIOR, ALL NEW PAINT, ALL NEW FLOORING, ALL NEW RESTROOMS WITH TOILETS AND SINKS AND SO FORTH, LET ME ADJUST THIS A LITTLE BIT, I JUST REALIZE THAT I'M HERE.

AND ALL THESE DIFFERENT THINGS WHERE HE'S DONE ON THE INSIDE, IF HE CAN GET THE SUP, HE IS ALSO INTERESTED IN TRYING TO MAKE THE OUTSIDE LOOK BETTER.

MANY OF YOU ALL KNOW ME PERSONALLY AND YOU KNOW THAT I AM ALWAYS LOOKING FOR WAYS TO MAKE THE CITY OF GARLAND BETTER THAN IT IS, AND I THINK THIS IS AN OPPORTUNITY TO DO SO.

I WOULD HAVE TO ASK EACH ONE OF YOU IN YOUR AREA OF TOWN, ON YOUR DISTRICT, IS THERE A COMMERCIAL PROPERTY THAT YOU WOULD LOVE TO BE ABLE TO GO IN AND TAKE A PAINTBRUSH AND FIX IT AND MAKE IT LOOK NICE.

WELL, THIS IS AN OPPORTUNITY FOR CITY COUNCIL TO DO JUST THAT IN THIS PARTICULAR CASE.

WE PROPOSE IF YOU LOOK AT THE SECOND SITE PLAN THAT WAS SHOWN BY STAFF, WE PROPOSE TO REMOVE THE CONCRETE, WHICH IS CONCRETE NOW ALL THE WAY OUT TO THE CURB, JUST LIKE IT'S ASPHALT ON AVENUE B AND SO ON AND SO FORTH, WHICH, QUITE FRANKLY, IS A CITIZEN I DON'T LIKE THE LOOKS OF. BUT WE PROPOSE TO REMOVE THE CONCRETE FROM THE PROPERTY LINE ALL THE WAY OUT TO WITHIN FIVE FOOT OF THE CURB.

THAT WOULD BASICALLY LEAVE A FIVE FOOT SIDEWALK THERE THAT PEOPLE COULD WALK ON SHOULD THEY DECIDE TO DO SO.

IN ADDITION TO REMOVING THE CONCRETE, WE WOULD THEN COME IN WITH LANDSCAPING IN THAT AREA AND WITH THE SPRINKLER SYSTEM, THE IRRIGATION, ALL TO THE CURRENT CITY ORDINANCES.

SO THIS IS THE OPPORTUNITY WE'VE ALREADY MADE.

THE PARKING LOT, NOT A PARKING LOT, LOOK NICE, ALREADY MADE THE BUILDING LOOK NICE, ALREADY MADE THE INTERIOR OF THE BUILDING LOOK NICE.

AND WE ARE ALSO WILLING TO MAKE THE EXTERIOR LOOK NICE, DOING THINGS THAT WE ARE NOT UNDER ANY OBLIGATION TO DO AT THIS TIME DUE TO GRANDFATHERING.

HOWEVER, WE WOULD LIKE TO DO IT TO MAKE THIS WHOLE AREA LOOK BETTER.

IT APPEARS IN ONE OF THE COMMENTS THAT CAME OUT OF THE PLANNING COMMISSION IS THAT WHILE PEOPLE ARE PARKING ALL OVER THE STREET AND THIS LOOKS BAD AND SO ON AND SO FORTH, WHICH QUITE FRANKLY REALLY HAD NOTHING TO DO WITH MY CLIENT, BUT EVEN THE PLANNING COMMISSION DID NOT LIKE THE LOOKS OF THE OVERALL GENERAL AREA.

SO WE'RE PROPOSING TO MAKE IT LOOK A LITTLE BETTER.

I WOULD LIKE TO TAKE A MOMENT AND GIVE YOU A LITTLE BIT OF HISTORY, IF I MAY.

AFTER LIVING HERE FOR OVER 50 YEARS, I'VE WITNESSED A LOT OF DIFFERENT THINGS.

AND ONE THING THAT MY GOOD FRIEND JOE COOPER OF GARLAND CONCRETE BROUGHT TO MY ATTENTION MANY YEARS AGO IS HOW THE NEIGHBORS FOLLOW WHEN THE CITY CLEANS UP AN AREA.

AN EXAMPLE I WOULD LIKE TO GIVE YOU IS IN THE SOUTHEAST CORNER OF WALNUT AND GARLAND AVENUE ON THREE STREETS, ANN, RIDELL AND CLINTON STREETS.

THE CITY WENT IN, PUT IN NEW SIDEWALKS, PUT IN NEW CURBS, CLEAN THINGS UP, AND THEN ALL OF A SUDDEN ALL THE NEIGHBORS GOT WITH IT AND TOOK A LOT MORE PRIDE IN WHAT THEIR NEIGHBORHOOD LOOK LIKE.

I REMEMBER AND SOME OF YOU MAY WHEN I 30 AND BELTLINE BROADWAY WAS A MESS WITH A HORSE FARM, THE CITY CAME IN AND CLEANED IT UP.

NEW CURBS REDID THE STREETS, NEW ENTRANCE INTO THE CITY OF GARLAND.

NEXT THING WE KNOW, WAL-MART COMES IN AND WE ALL KNOW THE SHOPPING THAT IS THERE IN THE TAX REVENUE THAT THAT HAS GIVEN US.

ALSO, IF YOU GO BACK AND THINK SOME YEARS AGO, MAYBE 15 FIRST STREET AND KINGSLY, FIRST STREET AND KINGSLY WAS AN ABSOLUTE MESS WITH BROKEN DOWN STORES AND IT LOOKED HORRIBLE.

IT WAS A LOUSY LOOKING SHOPPING CENTER, LITERALLY ON AT LEAST THREE OF THE CORNERS.

[00:20:03]

AND THEN THE FOURTH CORNER JUST HAD A SERVICE STATION.

THE CITY CAME IN, CLEANED UP THE CURBS, CLEANED UP THE STREETS AND SHOPS.

IT APPEARS THAT WHEN THE CITY MOVES FIRST, THE NEIGHBORS FOLLOW IN THIS PARTICULAR CASE, WE ARE GOING TO BE DOING THE IMPROVEMENTS AND WE ARE HAPPY TO DO THESE IMPROVEMENTS TO SO AS TO MAKE IT LOOK BETTER FOR EVERYONE CONCERNED AND HOPEFULLY THE REST OF THE CORPORATE CITIZENS WILL FOLLOW.

I HAD AN OPPORTUNITY TO TALK WITH MICHAEL INDICATED THAT HE WOULD BE LISTENING IN TO THIS EVENING IN CASE YOU WANTED TO CONFIRM WHAT I'M SITTING READY TO SAY.

AND HIS COMMENT IS HE WELCOMES THE REMOVAL OF CONCRETE.

HE WELCOMES THE ASPECT OF COMING IN AND HAVING A FIVE FOOT SIDEWALK AGAINST THE CURB AND THEN TO REMOVE THE CONCRETE ALL THE WAY BACK TO THE PROPERTY LINE AND HAVE LANDSCAPING, TREES AND IRRIGATION SYSTEM.

TO ME, THIS IS AN OPPORTUNITY IT'S AN OPPORTUNITY FOR MY CLIENT TO BE ABLE TO DO SOMETHING HE WOULD LIKE TO DO, AND IT IS ALSO AN OPPORTUNITY FOR THE CITY OF GARLAND TO GET A REFURBISHED INDUSTRIAL PROPERTY AT ABSOLUTELY NO COST TO THE CITY OF GARLAND.

STOP AND THINK WHAT WOULD BE LIKE IF WE COULD FIND A WAY TO DO ALL OF THIS DOWN GARLAND ROAD TO ALL THE OTHER CAR LOTS THAT ARE THERE.

YOU'VE SEEN PICTURES WHICH THERE IS ALREADY NICE, BUT IT CAN LOOK MUCH NICER.

ANYWAY, WE ASK CITY COUNCIL TO RECOGNIZE THIS OPPORTUNITY WHILE ON A FAR, FAR SMALLER SCALE, I STOP AND THINK BACK, YOU KNOW.

A PREVIOUS CITY COUNCIL MEETING MANY YEARS AGO, MISSED HAVING TOWN EAST MALL AT LBJ AND CENTERVILLE. WE MISSED JOE'S CRAB SHACK UP ON PRESIDENT GEORGE BUSH TURNPIKE.

NOW, THOSE ARE MAJOR THINGS WHERE THIS IS VERY MINOR, BUT LET'S NOT MISS AN OPPORTUNITY TO MAKE. THIS INDUSTRIAL AREA BETTER, WE JUST HAVE TO ALLOW IT TO SELL SOME USED CARS, THEY ALREADY HAVE CARS COMING AND GOING.

ALL WE HAVE TO DO IS ALLOW THEM TO SELL SOME USED CARS WITH A MAXIMUM OF SIX SPACES, NO MORE THAN SIX CARS EVER BEING SHOWN AT ANY ONE TIME.

IN ADDITION TO HIS OTHER MAJOR AUTOMOTIVE REPAIR FACILITIES FOR THE CURRENT CO.

AND MY CLIENT WILL DO THE REST.

ANOTHER CONSIDERATION THAT I WOULD HAVE TO ASK IS, AFTER GETTING IN FOR GETTING A REALLY NICE LOOKING ENTRANCE INTO THIS AREA, TRULY, WHAT IS THE REAL DOWNSIDE TO AN AUTOMOTIVE REPAIR FACILITY LEGALLY SELLING A FEW CARS FROM TIME TO TIME? IT IS ALLOWED BY A SUP IN THE GDC, SO WE'RE NOT ASKING YOU ALL TO REINVENT THE WHEEL OR TO CREATE NEW LAW, WE'RE JUST ASKING YOU TO ALLOW WITH THE ORDINANCES ALREADY ALLOW.

IF THERE'S ANY QUESTION, I WILL BE HAPPY TO ANSWER IT, AND I THINK EACH OF YOU FOR YOUR TIME AND I RESPECTFULLY REQUEST THAT YOU GRANT THIS SUP FOR A 10 YEAR PERIOD BASED UPON WHAT I HAVE SAID WILL BE DONE.

AND I'M SURE THAT COULD BE PART OF THE MOTION.

I STAND READY TO ANSWER ANY QUESTIONS.

THANK YOU, MR. DEFEO.

COUNCIL. ANY QUESTIONS FOR THE APPLICANT ON THIS ITEM.

I SEE I DON'T HAVE ANYBODY I DON'T HAVE ANYBODY IN THE QUEUE.

SO, COUNCIL.

THIS IS THIS IS IN DISTRICT SIX, AND AS I SAID EARLIER, DEPUTY MAYOR PRO TEM VERA IS UNABLE TO JOIN US THIS EVENING.

MAYOR PRO TEM SMITH.

THANK YOU. HERE YOU GO.

GO AHEAD, GO AHEAD. YEAH, UM.

I'M GOING TO PREAMBLE A LITTLE BIT, IF THAT'S OK.

YOU KNOW, WHEN I FIRST LOOKED AT THIS AND I WATCHED THE PLANNING COMMISSION MEETING, I HAD A FAIRLY NEGATIVE IMPRESSION.

AND THE REASON IS THAT I KNOW THAT WE HAVE BEEN TRYING TO SORT OF GET OUT OF BEING KNOWN AS THE PLACE WHERE CARS ARE SOLD.

THAT'S ALWAYS BEEN GARLAND'S IMAGE, ESPECIALLY OUT ON 78.

AND I KNOW THAT SEEMS LIKE A MONTH OR TWO AGO, WE DENIED EXPANSION OF AUTO SALES INTO

[00:25:02]

ANOTHER AREA THAT'S HAD SOME HEAVY AUTOMOTIVE USE.

TO ME, THIS ONE'S A BIT DIFFERENT, AND I HATE THAT MR VERA'S NOT HERE BECAUSE I HATE MAKING THESE TYPES OF DECISIONS IN HIS DISTRICT WITHOUT HIS LEADERSHIP, BUT THAT'S WHERE WE ARE. AUTOMOTIVE USES VERY, VERY HEAVY IN THE AREA.

THE BUSINESS IS ALREADY DOING ON AUTOMOTIVE RELATED JOBS AND WHETHER THE CAR IS SITTING OUT THERE WITH A SALES SIGN ON IT OR THE CAR SITTING OUT THERE BECAUSE IT'S BEING WHERE IT'S WAITING TO BE WORKED ON.

I HAVE A HARD TIME.

SAYING THAT THE SALE OF THOSE VEHICLES IS GOING TO POSE ANY MAJOR DETRIMENT TO THE AREA.

THE OTHER PIECE I KNOW WITH MAJOR BODY REPAIR PLACES, A LOT OF TIMES THEY'LL DO THE WORK.

ASSUMING IT'LL COME ALONG AND SAY, HEY, I CAN'T PAY FOR IT.

YOU JUST KEEP THE CAR AND NOW YOU'VE GOT A BODY PLACE THAT STUCK WITH A CAR THEY CAN'T GET RID OF. I'VE LOOKED AT THE OVERHEADS AND THE STREET VIEW OF THAT AREA.

IT COULD DEFINITELY USE SOME GREENING.

AND, YOU KNOW, I'M GOING TO GO OUT ON A LIMB HERE AND I WANT TO SEE IF WE CAN GIVE THIS APPLICANT THE CHANCE TO TO DO THE WORK THAT MR. DEFEO SPOKE OF.

SO I AM GOING TO GO AHEAD AND MAKE A MOTION TO APPROVE THE PERMIT REQUEST, 10 YEARS SUP WITH THE IMPROVEMENTS ON THE DETAILED PLAN OF THE SITE PLAN THAT MR. DEFEO SPOKE TO. THANK YOU, SIR.

THANK YOU. WE HAVE EXCUSE ME, WE HAVE.

SORRY SO MUCH CLICKING SOME NIGHTS WE HAVE A MOTION FROM MAYOR PRO TEM SMITH TO APPROVE THE APPLICATION WITH THE AND THE PLAN.

I ASSUME, SIR, THAT WOULD BE ALSO THIS IS SIX A AND SIX B WE'RE.

YES, SIR. COMBINED MOTION FOR THE TEN YEAR PERIOD WITH THE IMPROVEMENTS IN THE DETAILED PLAN, THE GREEN SPACE OR THE PARKWAY AND THE SIDEWALK AND ALL THE REST.

OK, SO MOTION TO APPROVED BY MAYOR PRO TEM SMITH.

DO WE HAVE THE SECOND? OH, SORRY, COUNCIL MEMBER BOOKHOUT, YOU'RE FADING IN AND OUT OF YOUR SCREEN, SO I HAVE A MOTION TO APPROVE BY MAYOR PRO TEM SMITH AND A SECOND BY COUNCIL MEMBER BOOKHOUT.

COUNCIL, THE MOTION IS TO APPROVE ANY FURTHER DISCUSSION.

IF NOT, LET'S VOTE.

THE EXCUSE ME, SORRY ABOUT THE MOTION TO APPROVE IS DENIED FIVE TO TWO.

ALL RIGHT, AND THAT WAS FOR AGAIN, THAT WAS FOR, 6 A AND B, BOTH.

SO THAT MOTION FOR DENIAL, THAT MOTION TO APPROVE AGAIN, DID FAIL, SO THE.

SO WE WILL MOVE ON. THANK YOU, MR. DEFEO. NEXT ITEM ON OUR AGENDA IS

[6C.Consider a Variance request by Lucky Market, LLC to allow alcoholic beverages (beer & wine) to be sold at an existing convenience store at 3405 Broadway Boulevard in District 4, closer than the required distance of 300 feet to a public school.]

ITEM 6C, CONSIDER A VARIANCE REQUEST BY LUCKY MART LLC TO ALLOW ALCOHOLIC BEVERAGES, BEER AND WINE TO BE SOLD IN AN EXISTING CONVENIENCE STORE AT THREE FOUR ZERO FIVE BROADWAY BOULEVARD AND DISTRICT FOR CLOSER THAN THE REQUIRED DISTANCE OF THREE HUNDRED FEET TO A PUBLIC SCHOOL.

KIMBERLY ARE UP AGAIN.

IT WOULD ACTUALLY BE ME THIS TIME.

SORRY. SORRY. YES, SIR.

WE HAVE TO ACT ON SIX B AS WELL.

WE COMBINED THE MOTION COMBINED SIX A & B JUST.

JUST CHECKING. THANK YOU SO MUCH. THANK YOU.

THANK YOU. MR. YES SIR. MAYOR, COUNCIL.

GOOD EVENING, THIS IS A VARIANCE REQUEST FOR AN ALCOHOL DISTANCE VARIANCE AND THIS IS THE REQUEST AS STATED.

HERE'S THE CASE INFORMATION ON THE SUBJECT SITE IS 3405 BROADWAY BOULEVARD.

THE APPLICANT IS LUCKY MARKET LLC AND THE CURRENT PROPERTY OWNER IS TMT, INC.

PROPERTY IS ZONED COMMUNITY RETAIL.

THIS IS THE SUBJECT PROPERTY OF THE SUBJECT PROPERTY AS OUTLINED IN TEAL THAT IS.

3405 BROADWAY. IT'S AT THE SOUTH CORNER OF BROADWAY AND COLONEL DRIVE.

AND THE TRIGGER FOR THIS VARIANCE IS ITS PROXIMITY TO SOUTH GARLAND HIGH SCHOOL, WHICH IS A PUBLIC SCHOOL. IT'S LOCATED JUST CATTY CORNER ACROSS COLONEL DRIVE, SOUTH GARLAND HIGH SCHOOL IS THIS LARGE PROPERTY WITH THE RED STRIPES.

[00:30:05]

THE MINIMUM DISTANCE REQUIREMENT BETWEEN PUBLIC SCHOOLS AND ALCOHOL SELLING ESTABLISHMENTS IS THREE HUNDRED FEET.

THIS MEASUREMENT IS APPROXIMATELY 80 FEET FROM PROPERTY LINE, THE PROPERTY LINE.

THAT IS THE APPROPRIATE MEASUREMENT FOR PUBLIC SCHOOLS.

SOME OF YOU MAY RECALL THERE WAS A VARIANCE ISSUED ON THIS PROPERTY JUST LAST YEAR.

THIS IS THE WITHIN EXISTING CONVENIENCE STORE AND GAS STATION.

THEY ALREADY CURRENTLY DO SELL BEER AND WINE FOR OFF PREMISE OFF PREMISE CONSUMPTION.

THE REASON FOR THE VARIANCE, AGAIN, IS THERE IS A NEW BUYER IN THE PROCESS OF PURCHASING THE PROPERTY AND THE BUSINESS, AND SO THEREFORE THEY ARE REQUIRED TO OBTAIN A NEW TABC PERMIT. AND SO THAT'S WHAT'S TRIGGERING THE NEW VARIANCE AS WELL.

WE MAILED OUT TWENTY SEVEN NOTIFICATION LETTERS AND WE DID NOT RECEIVE ANY RESPONSES.

AND THAT CONCLUDES MY PRESENTATION, MAYOR.

THANK YOU, MR. MR. THE NEW OWNERSHIP IS WHAT'S TRIGGERING TRIGGERING THIS.

I SEE NOBODY IN THE QUEUE.

COUNCIL MEMBER BOOKHOUT. NO OK.

AND I HAVE I HAVE NO ONE HERE TO.

I THINK I DO HAVE THE APPLICANT SORRY.

YES, HI.

THERE YOU ARE. I WAS I WAS CLICKING YOU'LL HAVE TO IN.

MY NAME IS I AM REPRESENTING THE APPLICANT MARKET LLC. AND AS DIRECTOR PURCHASING THE HAS A VARIANCE THAT WAS PROVIDED BY THIS COUNCIL LAST YEAR.

AND SO WE ARE REQUESTING TO OBTAIN A SIMILAR VARIANCE BECAUSE WITHOUT SUCH VARIANCE, WE WOULD BE UNABLE TO OBTAIN THE TABC LICENSE AND WITHOUT THE TABC LICENSE, WE OFFICIALLY CAN'T GO THROUGH WITH THE WITH THE ACTUAL PURCHASE.

SO IT KIND OF JUST HINGES ON THIS VARIANCE FOR US.

AND, YOU KNOW, AS FAR AS THE RULES IN TABC AND CITY GUIDELINES PROVIDE, IF, YOU KNOW, IF THERE IS AN INEFFICIENT USE OF THE LAND OR IF IT CREATES AN UNDUE HARDSHIP FOR AN APPLICANT TO OBTAIN A LICENSE, THE CITY HAS THE AUTHORITY TO PROVIDE SUCH VARIANCE.

AND SO THAT'S WHAT WE'RE HERE TO REQUEST.

YOU KNOW, WE COMPLETELY UNDERSTAND THE DISTANCE TO THE SCHOOL AND THE NEED TO PROTECT THE COMMUNITY INTEREST.

AND WE HAVE EVERY INTENTION TO MOVE FORWARD WITH ADHERING TO THE LAWS, OBVIOUSLY.

AND WE WANT ALL OF OUR EMPLOYEES, IF WE WERE TO GO THROUGH WITH THE ACQUISITION TO BE TABC CERTIFIED.

AND WE ALSO HAVE COMPANY POLICIES THAT EXCUSE ME, THAT WOULD BE AROUND THE SALE OF ALCOHOL, THAT GOVERN EVERYTHING IN TERMS OF AGE, OF IN TERMS OF CHECKING I.D., IN TERMS OF MAKING SURE THAT IF SOMEONE WALKS IN AND THEY'RE HEAVILY INTOXICATED, VISIBLY, YOU KNOW, NOT TO CONTINUE THAT SALE, NO SALE IS WORTH BREAKING THE LAW FOR US.

MY FATHER, WHO'S THE APPLICANT HERE, HE HAS BEEN IN THE BUSINESS FOR OVER 30 YEARS AND HE'S BEEN ABLE TO BE SUCCESSFUL IN THE BUSINESS OVER 30 YEARS BECAUSE HE'S ADHERED TO THE LAWS AND REGULATIONS.

AND WE'RE VERY GOOD ABOUT STICKING TO THOSE LAWS AND FOLLOWING EVERYTHING TO THE TEE, REALLY. AND SO WE'RE HOPEFUL THAT THE CITY COUNCIL WILL SEE THAT IT IS BENEFICIAL TO CONTINUE ON WITH THE VARIANCE FOR THE NEW OPERATOR.

THE NEW OWNER YOU KNOW WE'RE IT WOULD BE THE SAME THING IF WE DID NOT.

IF THE CITY COUNCIL WERE TO DENY OUR REQUEST, IT WOULD NOT PREVENT THE SALES FROM THE CURRENT OPERATOR BECAUSE THAT CURRENT OPERATOR DOES HAVE A VARIANCE AND THEREFORE THERE WOULD STILL BE THE BEER AND WINE SALES CONTINUE ONWARD.

SO REALLY, THE ONLY REQUESTS WE ARE MAKING HERE IS TO BE GIVEN THE SIMILAR VARIANCE REQUESTS AND JUST WANTED TO KEEP IT SHORT AND SWEET.

WE REALLY APPRECIATE YOUR CONSIDERATION.

THANK YOU. THANK YOU, MA'AM.

ANY QUESTIONS FOR THE APPLICANT? I HAVE NO ONE IN THE QUEUE, I BELIEVE, AND I BELIEVE THAT WAS ALL THE SPEAKERS WE HAD HAVE

[00:35:06]

LINED UP FOR THIS ITEM.

SO MAYOR PRO TEM SMITH.

A QUICK QUESTION FOR STAFF.

I APOLOGIZE FOR NOT GETTING IT IN EARLIER.

CHIEF BRYAN I REACHED OUT TO YOU.

I GUESS IT WAS LATE LAST WEEK.

EARLY THIS WEEK. I KNOW WE HAD THIS VARIANCE.

WE SAW IT IN MAY OF 2019.

AND IT HAS TO BE HAS TO PULL THE HISTORY OF ANY CALLS OR ISSUES RELATED TO THAT LOCATIONS. ABILITY TO SELL ALCOHOL AND BASED ON WHAT YOU SENT ME, I DIDN'T SEE ANY PROBLEMS THAT WERE THAT WERE SOLELY RELATED TO ALCOHOL SALES.

CAN YOU CONFIRM THAT FOR ME? YES, I CAN CONFIRM THAT.

WE HAD THE TYPICAL CALLS THERE, BUT NO CALLS RELATED TO ALCOHOL SALES, IN FACT, NO CALLS RELATED TO ALCOHOL AT ALL.

OK, THANK YOU, SIR.

THANK YOU, MAYOR. THANK YOU, SIR.

THANK YOU, CHIEF. ANY ADDITIONAL QUESTIONS OR DISCUSSION ON THIS ITEM? SEEING NONE WERE READY FOR A MOTION, SIR.

COUNCIL MEMBER MORRIS.

THANK YOU, MAYOR. IF COUNCIL MEMBER BOOKHOUT IS NOT PLANNING TO MAKE A MOTION, TRYING TO.

APPARENTLY NO.

OK, THEN MAYOR I WOULD MOVE THAT WE GRANT THE VARIANCE REQUESTS BY LUCKY MARKET LLC AS PRESENTED. OK, I HAVE A MOTION TO APPROVE BY COUNCIL MEMBER MORRIS AND A SECOND BY MAYOR PRO TEM SMITH.

ANY FURTHER DISCUSSION? IF NOT COUNCIL, PLEASE VOTE.

THAT ITEM IS APPROVED SIX TO ONE WITH COUNCIL MEMBER BOOKHOUT IN OPPOSITION.

THANK YOU, COUNCIL.

THANK YOU, MA'AM. GOOD LUCK WITH YOUR BUSINESS.

THANK YOU VERY MUCH.

[7. Citizen comments]

AND THAT BRINGS US TO ITEM SEVEN CITIZEN COMMENTS AT THIS TIME, I DON'T HAVE ANYONE PERSONS WISHING TO ADDRESS THE ISSUES NOT ON THE AGENDA MAY HAVE THREE MINUTES TO ADDRESS COUNCIL AT THIS TIME.

COUNCIL IS PROHIBITED FROM DISCUSSING ANY ITEM NOT POSTED, ACCORDING TO THE TEXAS OPEN MEETINGS ACT. I DO HAVE ONE SPEAKER WHO HAS STEPPED UP AND THAT WOULD BE JOSH GARCIA.

JOSH, IF YOU CAN GIVE US YOUR NAME AND ADDRESS FOR THE RECORD AND YOU WILL HAVE THREE MINUTES. GOOD EVENING, MAYOR AND COUNCIL.

THIS IS JOSHUA GARCIA OF 4029 MAYFLOWER DRIVE, GARLAND, TEXAS, 75043.

SO COUNCIL I WANTED TO BE BRIEF AND WANTED TO SHARE SOMETHING THAT HAPPENED TO A SCHOOL RECENTLY, I USED TO GO TO INTERNATIONAL LEADERSHIP ON TEXAS.

SO AT THE BEGINNING OF THIS PANDEMIC, WE ALL KNOW THAT WHEN THE IN PERSON SCHOOL DISTRICTS TURNED INTO A VIRTUAL SCHOOL THROUGHOUT THE MONTHS, IT WAS A LOT A LOT OF CHAOS THAT THERE WAS UNORGANIZED AND EVERYTHING THAT WAS HAPPENING.

SO LIKE OUR SCHOOL, THE INTERNATIONAL LEADERSHIP OF TEXAS, THROUGHOUT THE MONTH, WE RECEIVED A PHONE CALL FROM THE DISTRICT.

IT WAS I BELIEVE IT WAS IN JUNE OR JULY.

SAYING THAT WE WERE ANNOUNCED THE BEST VIRTUAL SCHOOL IN THE WHITE HOUSE AND I WAS LIKE, WOW, THAT WAS AMAZING.

AND I DIDN'T EVEN THINK AS A FORMER STUDENT, WE WERE RECEIVING A PHONE CALL LIKE THAT.

AND I WAS LIKE, WOW, HOW SURPRISED WE WERE LIKE LIKE THE BEST VIRTUAL SCHOOL ONLINE, EVEN THOUGH, LIKE AS A STUDENT, I WAS LIKE, I COULDN'T BELIEVE IT.

IT WAS LIKE, WOW.

SO THAT BEING SAID, THE PERSON WHO ANNOUNCED THE WHITE HOUSE.

IT WAS THE SECRETARY OF EDUCATION.

AND YOU KNOW WHO THIS MS. BETSY DEVOS. AND BECAUSE OF ALL OF THIS WE RECENTLY HAD IN OUR SCHOOL DISTRICT AND WE'RE HONORED TO HAVE THE US SECRETARY OF EDUCATION, MS. BETSY DEVOS, SHE CAME PHYSICALLY TO OUR SCHOOL ON OCTOBER 15 ON THURSDAY, AND WE HAD A LOT OF ELECTED OFFICIALS THAT CAME BY AND KIND OF TOURED THEM AROUND THE SCHOOL.

AND I WAS LIKE, WOW, HOW AMAZING TO HAVE SOMEBODY FROM THE WHITE HOUSE.

AND I WAS LIKE, I MEAN, I CRIED AND CRIED.

I WAS LIKE, I CANNOT STAND HERE AND BELIEVE IT.

[00:40:02]

AND IT WAS AMAZING.

AND WE HEARD THERE WAS A GARLAND PD INVOLVED IN PROTECTING, YOU KNOW, KIND OF HAD THE FEDERAL MARSHALS FOR HER.

AND I MEAN, IT WAS JUST THE DAY HAD A LOT OF PEOPLE FROM THE SCHOOL DISTRICT.

AND AT THIS POINT I WAS SO EXCITED.

SO I'M JUST REALLY HAPPY FOR IT.

BUT COUNCIL, AT THIS TIME, I WOULD LIKE TO RECOGNIZE TWO CITY COUNCIL MEMBERS ACTUALLY FROM YOU GUYS DON'T KNOW THAT THIS CHARTER SCHOOL WAS APPROVED BY THE CITY OF GOING BACK IN 2013 BY ACTUALLY ONE OF OUR FORMER MAYOR, MAYOR DOUGLAS I'M SURE YOU GUYS KNOW WHO WAS ALSO I WOULD LIKE TO RECOGNIZE THAT WHO WAS PART OF THIS GROUNDBREAKING CEREMONY BACK THEN.

HE WAS A CITY COUNCILMAN, WHO IS NOW MAYOR SCOTT LEMAY DID A WONDERFUL JOB.

I REALLY APPRECIATE IT SO MUCH.

AND ALSO TO OUR NEW CITY COUNCILMAN THAT'S CURRENTLY AT THE COUNCIL WHO IS HOPEFULLY I WILL GET TO TOUR HIM AROUND.

MR. DYLAN HEDRICK, I HOPE I GET TO SHOW YOU AROUND THAT SCHOOL AND LOOKING FORWARD TO IT.

AND I JUST APPRECIATE THE HARD WORK.

AND I'M JUST PROUD.

I'M REALLY PROUD OF THIS I'M HONORED TO BE IN THAT SCHOOL.

AND IT'S JUST AMAZING.

SO I DO APPRECIATE IT VERY MUCH.

WELL, THANK YOU, JOSH.

APPRECIATE IT. THANK YOU, SIR.

I DON'T HAVE ANYONE ELSE IN THE QUEUE TO SPEAK.

ACTUALLY, I DON'T HAVE ANYONE ELSE IN THE QUEUE, PERIOD.

SO WITH THAT AT 7:41, WE ARE ADJOURNED.

SEE YOU ALL NEXT WEEK.

THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.