Feb 01, 2024 Planning & Zoning Commission

OKAY. WE WILL CALL THE MEETING TO ORDER OF THE FEBRUARY 1ST.

[DECLARATION OF A QUORUM AND CALL TO ORDER]

[00:00:05]

WE'VE GOT A NUMBER OF THINGS TO DISCUSS.

ALTHOUGH WE SHOULD BE OUT OF HERE REASONABLY EARLY ON, THOUGH I'M MISSING MY CLOCK.

WE DO APOLOGIZE.

WE'RE GOING THROUGH A LITTLE RENOVATION.

OKAY, BUT WE'LL KEEP TRACK.

JUST ASK ME TIME. ALL RIGHT.

RIGHT HERE, 12:00. EXACTLY.

FIRST ITEM IS DISCUSSION OF POSSIBLE ACTION ON THE MINUTES FOR THE PLANNING AND ZONING COMMISSION MEETING HELD ON DECEMBER THE 7TH, 2023.

[1. Discussion and possible action on the minutes for the Planning and Zoning Commission meeting held on December 7, 2023.]

MOTION BY MISS BARRY TO APPROVE THE MINUTES.

IS THERE A SECOND? SECOND.

SECOND BY MISS SPOOR? ANY FURTHER DISCUSSION? IF NOT, ALL THOSE IN FAVOR INDICATE BY SAYING AYE.

AYE. OPPOSED, SAME SIGN.

MOTION CARRIES.

NEXT ITEM TWO, HOLD DISCUSSION AND RECEIVE USEFUL INFORMATION FROM CITY ATTORNEY REGARDING THE ROLE OF THE PLANNING AND ZONING COMMISSION MEMBER.

[2. Hold discussion and receive useful information from the City Attorney regarding the role of the Planning and Zoning Commission Member.]

THANK YOU. GOOD AFTERNOON EVERYBODY.

IT'S REALLY GOOD TO SEE YOU ALL AGAIN.

I'M HARDLY EVER DOWN HERE ON A THURSDAY.

SO IT'S KIND OF NICE NOT TO JUST BE HERE ON TUESDAY.

SO I UNDERSTAND, I BELIEVE, MR. CLARK, YOU ARE A NEW P&Z MEMBER.

CORRECT. AND YOU MAY NOT HAVE MET ME BEFORE, SO WELCOME.

AND I THINK EVERYONE ELSE.

ARE WE ALL THE SAME MEMBERS? DO WE? YEAH.

OKAY. SO, IN AN ABUNDANCE OF CAUTION, BECAUSE I HAVE BEEN HERE BEFORE, IN THE PAST FEW YEARS, I BROUGHT NEW FOLDERS FOR EVERYONE.

I REALIZE, AS YOU PROBABLY ALREADY HAVE FOLDERS FROM ME, BUT IF YOU HAVE TWO, IT'S FINE.

BUT IN THE FOLDER ARE TWO NEW ITEMS THAT I'M HOPING WILL BE HELPFUL.

A NEW, I STOLE THIS FROM THE CITY OF AUSTIN.

FULL DISCLOSURE, THEY HAVE A WRITE UP ON ROBERT'S RULES OF ORDER, WHICH IS REALLY NICE, BECAUSE IF YOU'VE EVER SEEN THE BOOK, IT'S LIKE THIS.

AND YOU DON'T NEED THAT, YOU JUST NEED A LITTLE BIT OF INFORMATION ABOUT WHAT GOES WRONG OR WHAT COULD GO WRONG OR A LITTLE BIT OF GUIDANCE.

SO, YOU SHOULD HAVE THAT IN FRONT OF YOU.

AND I THINK OF PARTICULAR INTEREST TO P&Z WILL BE PAGE TWO ON MAKING MOTIONS.

SO WE'LL TALK ABOUT THAT IN A MINUTE.

AND LET ME JUST REMIND EVERYONE THAT, ROBERT'S RULES ARE NOT THE LAW, RIGHT? THAT THE LAW IS YOUR ORDINANCES, YOUR CHARTER CITY.

EXCUSE ME? CITY ORDINANCES, YOUR CITY CHARTER AND STATE STATUTES.

THOSE ARE WHAT, GUIDE YOU ON HOW YOU HAVE A MEETING, MOST IMPORTANTLY, THE TEXAS OPEN MEETINGS ACT.

AND THEN THE WAY YOU CONDUCT YOUR MEETINGS ARE CONDUCTED BY YOUR INTERNAL POLICIES AND BYLAWS, WHICH YOU DO NOT HAVE YET.

I'M STILL WORKING ON THAT, BEEN WORKING ON THAT FOR SEVEN YEARS, TRYING TO CONVINCE THE CITY TO DO IT.

AND IN YOUR FOLDER IN THE BACK, I HAVE A DRAFT OF WHAT THAT MIGHT LOOK LIKE IF WE EVER GET THERE.

AND ROBERT'S RULES.

OKAY. SO, LAST TIME I WAS HERE, I THINK IN NOVEMBER, I WAS ASKED TO COME UP WITH A CHEAT SHEET. WHICH OR A BULLET POINT LIST OR AN ABBREVIATED DOCUMENT THAT WILL HELP YOU AND GIVE YOU GUIDANCE WHEN YOU COME TO A MEETING.

SO I DON'T KNOW IF THIS DOCUMENT THAT'S IN THERE, IT'S CALLED THE PLANNING AND ZONING COMMISSION ON THE TOP.

AND IT'S GOT, DIFFERENT PARAGRAPHS ON DIFFERENT ITEMS. I'M HOPEFUL THAT THIS IS THE KIND OF THING THAT, MR. GARWOOD WAS LOOKING FOR AND THAT THE REST OF YOU WERE LOOKING FOR.

IF IT IS NOT, LET US KNOW AND I WILL COME BACK WITH SOMETHING ELSE THAT WILL PROVE TO BE MORE HELPFUL.

DOES EVERYBODY HAVE THAT? I THINK SO. OKAY.

SO FIRST I'D LIKE TO ASK BEFORE I GO THROUGH THIS A LITTLE BIT, ARE THERE ANY QUESTIONS OR ANY STRUGGLES OR ANYTHING THAT HAVE COME UP THAT ANYBODY WOULD LIKE TO ASK ME ABOUT FIRST, BECAUSE I CAN GUIDE US IN THAT DIRECTION IF YOU HAVE A DIRECTION? WELL, I THINK THAT WHEN I ASKED YOU FOR THE THE BULLET POINT MATRIX OR WHATEVER, WHAT I WAS THINKING IN MY MIND WAS, YOU KNOW, IN THE PROCESS OF APPROVING A PLAT, FOR INSTANCE, THERE IS, I BELIEVE, THE PRELIMINARY STEP WHERE WE'RE JUST PROVIDING COMMENT, THERE'S REALLY NO ACTION TO BE TAKEN.

AND THEN AND THEN THERE'S THE PRELIMINARY PLAT, WHICH, AS I UNDERSTAND IT, IS WHERE WE HAVE OUR OPTION TO GIVE NOTICE TO THE CITY COUNCIL THAT, THAT WE ARE EITHER IN FAVOR OF THIS PLAT OR ISSUE OR NOT IN FAVOR AND FOR THE REASONS THAT WE WANT TO ALSO.

CLUE WITH THAT. AND THEN AGAIN, AS I UNDERSTAND IT, WHEN WE GET TO THE FINAL PLAT, YOU KNOW, AS LONG AS IT'S MET ALL THE REQUIREMENTS,

[00:05:09]

WE HAVE TO APPROVE IT BECAUSE IT'S MET ALL OF THE, REQUIREMENTS.

RIGHT. AND SO I JUST WANT TO MAKE SURE THAT, THAT WE'RE ALL OF THE UNDERSTANDING OF WHAT OUR ROLE IS AT EACH STAGE AND WHAT OUR OPTIONS ARE AT EACH STAGE AND WHY THAT IS.

OKAY. SO, FOR THAT, THE GENERAL ANSWER TO THAT IS THAT YOUR CITY ORDINANCES DICTATE HOW THAT GOES, BECAUSE THERE ARE OTHER CITIES THAT DON'T DO IT THE SAME WAY THAT YOU DO IT.

THERE ARE OTHER CITIES THAT HAVE ADMINISTRATIVE REVIEW OF PLATS AND NOT RUNNING IT THROUGH P AND Z AND COUNCIL SO THAT IS DICTATED BY YOUR ORDINANCES.

WHEN YOUR WHEN OUR DEPARTMENT HEAD, WHEN MR. SPRIGGS CREATES THE AGENDA AND THE AGENDA SUMMARIES, THAT HE DOESN'T HAVE A FORM IN HIS COMPUTER THAT IS DICTATED BY STATE LAW AND BY OUR ORDINANCES.

SO WHEN YOU GET THE PACKET RIGHT, YOUR GUIDANCE IS ALREADY IN THE PACKET UNDER EACH ITEM.

WHATEVER HE SAYS IN THERE IS DICTATED BY WHATEVER YOUR ORDINANCE IS AND STATE LAW SAYS, OKAY, SO WE COULD GET DOWN TO THE MINUTIA OF STEP ONE, STEP TWO, STEP THREE ON THE PLATS.

BUT YOU DON'T NEED THAT FROM ME BECAUSE YOU'RE ALREADY GETTING THAT FROM, OTIS AND CANDACE IN YOUR PACKET.

IF YOU FEEL LIKE WE WANT TO TWEAK THAT.

AND HERE'S HOW WE CAN TWEAK IT.

WE, ME, I CAN PUT YOU KNOW, THIS IS ORDNANCE SO AND SO THIS IS, BY STATUTE, THESE ARE YOUR CHOICES.

I THINK THAT'S WHERE WE SHOULD PUT IT.

IF YOU THINK IT'S NECESSARY, LET'S JUST PUT IT IN THE PACKET THAT WHEN YOU DO A PLAT REVIEW, WE'LL HAVE YOUR ORDINANCE REFERENCE YOUR STATUTE REFERENCE.

AND THEN WHEN HE DOES THE RECOMMENDATION, HE'S GOING TO SAY, THE RECOMMENDED MOTION IS.

WHATEVER IT IS.

OKAY, SO THAT WAY WE'RE JUST COMPLETELY TRACKING OUR CITY ORDINANCES AND STATE LAW, AND YOU DON'T HAVE TO THINK ABOUT IT.

SO IF THAT WOULD MAKE YOUR JOB EASIER WHEN YOU COME TO A MEETING, THAT'S AN EASY TWEAK, RIGHT? THIS KIND OF SETS THAT OUT, BUT IN A BROADER PARAMETERS.

SO AND I DON'T KNOW THAT YOU'VE EVER SEEN ANYTHING LIKE THIS BEFORE.

I DON'T THINK I'VE SHARED THAT WITH YOU.

AND MAYBE ALL OF YOU HAVE, I DON'T KNOW, BUT IT GIVES THE BROADER PARAMETERS.

SO IS THERE ANY I MEAN, I THINK IF I HEAR YOU CORRECTLY, BY VIRTUE OF YOUR CITY ORDINANCES ON PLATS, WE'VE GOT A DIFFERENT WAY AND YOU NEED TO UNDERSTAND HOW THE STATE LAW INTERPLAYS.

SO, FOR EXAMPLE, FOR OUR NEWEST MEMBER, WE HAVE WHAT'S CALLED THE SHOT CLOCK IN THE STATE OF TEXAS, THAT WHEN AN APPLICANT FILES SOMETHING IN CITY HALL ON A PLAT, WE'LL USE PLAT RIGHT NOW OR A PLAN, STATUTORILY, THE STATE OF TEXAS HAS TOLD US WE HAVE 30 DAYS TO DO SOMETHING.

AND IF WE DON'T DO SOMETHING IN THAT 30 DAYS BY OPERATION OF LAW, WHATEVER IT IS THAT'S BEEN FILED WITH OTIS AND HIS DEPARTMENT OR WITH KYLE IS GOING TO BE APPROVED BY OPERATION OF LAW, REGARDLESS OF WHATEVER THE P AND Z THING SAYS, OR REGARDLESS OF WHATEVER CITY COUNCIL THINKS OR SAYS.

SO THAT'S OUR STATUTORY, PARAMETER FOR WHY WE HAVE TO MOVE QUICKLY AND WHY WE DON'T HAVE THE TIME SOMETIMES NOT TO MAKE A MOTION, WHY WE DON'T HAVE TIME NOT TO MAKE A DECISION.

BUT BROAD, BROAD SCOPE IS THAT THAT'S YOUR JOB.

SO P AND Z IS NOT LIKE PARKS DEPARTMENT, PARKS AND REC COMMISSION, OR IS IT YOUR PARKS AND REC BOARD OR COMMISSION? YEAH, THIS IS A STATUTORY BODY.

YOU ARE CREATED BY STATE LAW INITIALLY.

AND THEN ALSO IT'S BOLSTERED BY OUR CITY CHARTER AND CITY ORDINANCES.

SO YOU HAVE STATE OBLIGATIONS, TO COME TO CONSIDER, TO MAKE A MOTION, TO MAKE A DECISION AND TO SEND THE DECISION TO CITY COUNCIL.

I HAVE HEARD BEFORE IN THESE MEETINGS THAT SOMETHING ALONG THE LINES AND I'M SORRY IF I'M WRONG AND I'M SORRY IF I REMEMBER THIS INCORRECTLY, BUT I'VE HEARD SOMETHING LIKE, WELL, IT DOESN'T MATTER WHAT WE SAY BECAUSE CITY COUNCIL IS GOING TO DO THEIR OWN THING ANYWAY.

WELL, THAT'S NOT THAT'S JUST NOT TRUE, RIGHT? I MEAN, YOUR JOB IS TO CONSIDER WHAT'S IN FRONT OF YOU WITHIN THE PARAMETERS OF OUR OUR AGENDA AND OUR ORDINANCES AND TO MAKE A DECISION.

YOUR DECISION CAN BE SUPPORTED IN THE MINUTES BY WHATEVER DISCUSSION YOU HAVE.

BUT YOUR DECISION IS GUIDED BY THE CONSTRAINTS OF STATE LAW AND CITY ORDINANCE.

SO I DON'T KNOW IF THAT'S HELPFUL OR NOT, MR.

[00:10:02]

SO I THINK THAT'S PART OF THE PROBLEM.

AND AND I WOULD ENCOURAGE ALL OF YOU AT ANY TIME, BECAUSE I DO SEE YOUR EMAILS WHEN THE PACKETS GO OUT TO SEND AN EMAIL BACK TO OTIS AND SAY, WELL, I REALLY HAVE A QUESTION FOR YOUR CITY ATTORNEY.

CAN YOU TAKE THIS TO YOUR CITY ATTORNEY? THE ANSWER IS YES. YOU CAN DO THAT ANYTIME.

HE WILL CONVEY THAT QUESTION TO ME.

I WILL GET AN ANSWER AND HE WILL SHARE IT WITH EVERYONE.

WHICH REMINDS ME THAT I DON'T THINK THAT YOU ALL ARE DOING THAT, BUT WHEN WE SEND EMAILS TO P&Z OR TO ANY OTHER BOARD OR TO OUR CITY COUNCIL, WE ALWAYS BLIND COPY EVERYBODY TO AVOID A VIOLATION OF THE TEXAS OPEN MEETINGS ACT.

SO IT VIOLATES LAW, IF ALL OF A SUDDEN THE PEOPLE THAT ARE IN THE EMAIL CHAIN START TO EMAIL EACH OTHER BECAUSE THAT'S A WALKING QUORUM, IT'S AN ELECTRONIC WALKING QUORUM, BUT IT'S A WALKING QUORUM.

SO IF YOU'VE EVER WONDERED ABOUT THAT, I'M FEELING LIKE YOU ALREADY ALL KNOW THIS, SO I'M SORRY IF I'M REPETITIVE, BUT BETTER TO SAY IT THAN NOT.

SO ANYWAY, THAT THAT I THINK WILL BE ANOTHER TOOL, THAT IF SOMETHING COMES UP AND YOU KNOW, OR, OR IF MR. GARWOOD IS CONCERNED ABOUT SOMETHING OR WHATEVER, CONVEY IT, WE'LL ANSWER IT AND YOU'LL HAVE YOUR ANSWER BEFORE YOU COME.

OKAY. I HAVE A COROLLARY QUESTION, I THINK TO BILL'S AND ALSO TO YOUR ANSWER.

WHEN, IF EVER DURING OUR MEETING, IS IT APPROPRIATE FOR COMMISSIONERS TO NOTE DISSATISFACTION OR CONCERN WITH PROJECTS, PLATS, THINGS LIKE THAT THAT ARE COMING BEFORE US.

BECAUSE MY UNDERSTANDING, AND MAYBE SOME COUNCIL MEMBERS ARE INCORRECT ABOUT THIS, IS THAT CITY COUNCIL RELIES ON US, AS MEMBERS OF THE COMMUNITY TO BE A THERMOMETER FOR WHAT OUR CITIZENS ARE HOPING TO SEE DEVELOPMENT WISE.

SO WHEN, IF EVER, SHOULD WE? SAY. I DON'T LIKE THIS BECAUSE OF THESE REASONS, BECAUSE I'VE SPOKEN TO CITIZENS, THEY'VE EXPRESSED THESE CONCERNS WITH WHATEVER, OVERTAXING ALREADY TAXED INFRASTRUCTURE LIKE, SO I DON'T LIKE THIS HIGH DENSITY PLAN.

LIKE WHEN, WHEN, IF EVER, SHOULD WE SAY THAT SO THAT IT'S IN OUR RECORD.

SO, I WOULD SUGGEST THAT YOU TRY AND TAKE CARE OF BUSINESS FIRST.

SO IF A DECISION IS REQUIRED AGAIN, WE'LL GO BACK TO PLAT BECAUSE I THINK THAT'S WHAT YOU'VE RAISED.

LET'S TRY AND TAKE BUSINESS FIRST.

AND THEN YOU CAN SAY TO MR. GARWOOD, BECAUSE HE'S THE CHAIR, YOU KNOW, I WOULD LIKE TO SHARE SOME COMMENTS ON THAT, THAT I'VE HEARD FROM THE PEOPLE IN MY COMMUNITY OR MY NEIGHBORHOOD OR MY NEXT DOOR NEIGHBORS. SO AFTER MOTION AND VOTE, DO THAT.

YEAH. TRY AND GET LEAVE OF THE CHAIR TO TRY AND GET BUSINESS TAKEN CARE OF FIRST.

AND THEN IF THERE'S SOMETHING THAT YOU THINK, YOU AS A, AS A REPRESENTATIVE OF THE COMMUNITY, NEEDS TO GET IN THE MINUTES OF THIS MEETING SO THAT YOUR COUNCIL MEMBERS ARE AWARE, THEN DO IT AFTER YOU, BECAUSE OTHERWISE YOU'LL NEVER GET BUSINESS DONE.

YOU'LL NEVER, YOU KNOW WHAT I'M SAYING? SO ARE YOU IN AGREEMENT WITH ME, OTIS? YES. I THINK IT'S JUST VERY IMPORTANT THAT WE PUT IT ON THE RECORD.

RIGHT. AND WE TRY TO DO THAT ACCURATELY AS BEST POSSIBLE.

RIGHT. BECAUSE OTHERWISE OTIS HAS TO GO TO A MEETING.

AND MAYBE WE'RE FORTUNATE ENOUGH THAT ONE OF YOUR COUNCIL MEMBERS HAS ENOUGH TIME TO WATCH OR WATCH THE SWAGIT RECORDING, BUT MAYBE NOT.

OTHERWISE IT ALL FALLS ON HIS SHOULDERS.

WELL, I GOT TO REMEMBER EVERY SINGLE THING THEY SAID, OR I HAVE TO, LIKE, REVIEW THE VIDEO TO MAKE SURE.

SO YEAH, I MEAN, IF THERE IS SOMETHING THAT NEEDS TO BE CONVEYED, I MEAN, YOU'RE RIGHT, THAT IS THE JOB OF THE PNC, RIGHT? THAT. YEAH, IT IS STATUTORY.

YES. THERE'S ALL THESE RESPONSIBILITIES BASED ON THE SHOT CLOCK RULE AND BASED ON OTHER THINGS.

BUT OVERALL, YEAH, HOW THE CITY IS DEVELOPED.

THAT'S WHY THERE'S PLANNING AND ZONING COMMISSION.

YEAH. YOU'RE RIGHT.

SO, ANY OTHER QUESTIONS BEFORE I PROCEED? OKAY. SO WHAT I'VE DONE HERE IS JUST LAID OUT, AND THESE ARE VERY GENERAL AND MAY OR MAY NOT BE COMPLETELY ON POINT FOR THIS CITY BASED ON THE FACT THAT YOU GUYS DON'T HAVE POLICIES OR BYLAWS YET.

BUT, YOU KNOW, WHEN WE'RE TALKING ABOUT, GETTING THE JOB DONE, THAT'S WHY I HAVE HERE, UNDERSTANDING THE JOB AND THE EXPECTATIONS. RIGHT.

YES. YOU CAN BRING WHAT, YOU KNOW, FROM THE COMMUNITY AND WHAT HAS BEEN CONVEYED TO YOU BECAUSE SOMEBODY IN THE COMMUNITY KNOWS YOU'RE COMING.

[00:15:05]

OTHERWISE YOU VIOLATE THE OPEN MEETINGS ACT.

OKAY. SO I DON'T KNOW THAT ANYBODY IN P&Z HAS EVER COME ON A MATTER ON A PLOT AND THEN WANTED TO TALK ABOUT A SUBDIVISION THAT'S FIVE MILES FROM THE PLAT.

I'VE NEVER SEEN THAT HAPPEN, BUT, YOU CAN'T DO IT ANYWAY.

SO THAT'S WHY I THINK IF YOU LOOK AT, UNDERSTANDING THE JOB, KEY RESPONSIBILITIES, LEGAL ISSUES, THE OPEN MEETINGS ACT, WHETHER OR NOT YOU HAVE A CONFLICT, BASIC ELEMENTS OF PLANNING, THE COMPREHENSIVE PLANNING, ZONING.

I MEAN, THIS ENCAPSULATES THE THINGS THAT YOU NEED TO HAVE IN YOUR HEAD WHEN YOU COME, WHICH IS A LOT.

RIGHT? WHICH IS WHY I AGREE.

IF THERE IS A WAY FOR US TO MAKE IT EASIER FOR YOU, AND IF WE CAN PUT, TWEAK OUR AGENDAS AND GIVE YOU THE BACKUP, THE LEGAL AUTHORITY, I THINK IT'S A GREAT IDEA.

LET'S DO IT. SO, AND THEN WHAT GOES HAND IN HAND WITH UNDERSTANDING WHAT THE RESPONSIBILITIES ARE, ARE WORKING EFFECTIVELY, WHICH I THINK IS A LITTLE BIT ABOUT WHAT MICHELLE TOWNSEND IS TALKING ABOUT, THAT.

YEAH, WE WANT TO COME AND GET OUR JOB DONE, BUT WE ALSO WANT TO CONVEY WHAT'S COMING FROM THE COMMUNITY.

AND WE WANT TO BE RESPECTFUL OF EVERYONE'S TIME HERE, WHICH IS WHY I'M TALKING FAST, BECAUSE I KNOW YOU ALL ONLY HAVE AN HOUR.

SO SORRY ABOUT THAT.

EMAIL OTIS, HE'LL GET ME QUESTIONS, I'LL BE GLAD TO ANSWER WHATEVER COMMENT OR QUESTION YOU HAVE.

SO, I HAVE NOT SEEN ANY ISSUES ON A MISUNDERSTANDING OF THE P&Z ROLE OR P&Z JOB OR, WHAT THE EXPECTATIONS ARE.

I MEAN, I THINK EVERYONE HAS A PRETTY GOOD GRASP.

I THINK THE THINGS THAT P&Z MAY STRUGGLE WITH IS MAKING DECISIONS AND WORKING EFFECTIVELY TO GET THERE.

SO, I FULLY UNDERSTAND, YOUR COMMUNITY, JUST LIKE EVERY OTHER COMMUNITY, HAS DEVELOPMENT THAT IS NOT POPULAR WITH EVERYONE.

THAT'S ALWAYS GOING TO BE THE CASE NO MATTER THE SIZE OF THE COMMUNITY.

BUT, ONCE THAT MESSAGE IS CONVEYED, THEN THE REST OF THE RESPONSIBILITY OF THE P AND Z MEMBERS IS JUST MAKE A DECISION.

MAKE A DECISION.

MOVE ON TO THE NEXT ITEM.

BECAUSE WITHOUT THOSE DECISIONS, CITY COUNCIL DOESN'T HAVE THE PROPER GUIDANCE AND NEITHER DOES YOUR COMMUNITY, RIGHT? YOUR COMMUNITY RELIES ON YOU TOO, RELIES ON WHAT YOU KNOW, WHAT YOU'RE BRINGING TO THE TABLE.

OTHERWISE YOU WOULDN'T BE HERE.

SO THE REST OF THAT DOCUMENT, I THINK, IS, PRETTY SELF-EXPLANATORY ON HOW TO THE ROLE OF THE CHAIRPERSON, HOW TO DO THE MEETINGS, THE ROBERT'S RULES, THE MAKING MOTIONS.

I THINK WE HAVE HAD A LITTLE BIT OF A STRUGGLE WITH NEGATIVE MOTIONS BEFORE.

SO, WHAT I WOULD ADVISE IS, YOU KNOW, LIKE WE JUST SAID, IF THERE IS NECESSARY DEBATE.

SO IF THERE'S SOMETHING, IF A MOTION IS MADE AND IT'S NOT CLEAR, THEN YOUR CHAIR WILL SAY, CAN YOU REWORD IT? YOU KNOW, CAN YOU AMEND IT? THAT KIND OF THING.

BUT I THINK WHAT HAPPENS IS, HISTORICALLY, IF THERE'S BEEN SOMETHING THAT THAT'S NOT VERY POPULAR, A NEGATIVE MESSAGE WANTS TO BE SENT TO CITY COUNCIL. BUT AGAIN, LET'S GO BACK TO DO THE JOB, MAKE A DECISION, AND THEN IF THERE'S ADDITIONAL COMMENT THAT YOU WOULD LIKE CITY COUNCIL TO CONSIDER WHEN THEY GET YOUR DECISION, ADD THAT AFTERWARDS.

BECAUSE WHAT HAPPENS IS SOMETIMES, ESPECIALLY WHEN I'M LISTENING TO YOUR MEETINGS, WHEN I'M IN HOUSTON, I'LL BE LIKE, WHAT WAS THE DECISION? YOU KNOW WHY I DIDN'T HEAR THE DECISION, YOU KNOW? SO FOR ME, LET'S GET THAT DONE FIRST.

AND MAKING MOTIONS IN THE AFFIRMATIVE.

SO AGAIN, I WOULD ENCOURAGE YOU TO JUST ADOPT THE RECOMMENDED MOTION THAT YOUR, DEVELOPMENT SERVICES DEPARTMENT IS PUT IN THERE BECAUSE THAT MOTION IS ALREADY PROPER.

SO THE MOTION IS ALREADY, GOING TO SERVE THE NEEDS OF THAT ITEM.

AND IT'S ALSO TRACKING WHAT WE NEED PURSUANT TO STATE LAW AND TO YOUR ORDINANCES.

SO THAT WAY, AGAIN, WE DON'T HAVE TO LIKE, OVERTHINK IT.

OKAY. SO, I LIKE THIS ONE ON THE SECOND COLUMN ON PAGE TWO, WHERE IT SAYS IF THE MOTION IS TO NOT DO A THING, THEN A MOTION SHOULD SIMPLY NOT BE MADE.

AND I DON'T KNOW THAT WE'VE EVER REALLY HAD THAT.

I JUST FEEL LIKE WE'VE HAD DISCUSSION THAT SOUNDED LIKE THAT.

AND SO JUST REMEMBER THAT IF YOU'RE GOING TO MAKE A MOTION AND THE MOTION IS NOT GOING TO RESULT IN SOMETHING AND A THING BEING DONE OR AN ACTUAL DECISION, THEN

[00:20:02]

BUT WHAT IS NOT APPROPRIATE IS A MOTION TO DO NOTHING.

THAT'S JUST NOT AN OPTION.

THANK YOU. IT'S JUST NOT AN OPTION.

SO, YEAH.

CAN YOU MAKE A MOTION IN THE AFFIRMATIVE AND THEN VOTE AGAINST IT? YES, THAT'S EXACTLY RIGHT.

THAT'S EXACTLY RIGHT.

HUM. EVEN THE PERSON MAKING THE MOTION? YOU CAN'T DEBATE AGAINST IT UNDER ROBERT'S RULES, BUT YOU COULD.

SO WHY WOULD YOU MAKE THE MOTION IF YOU'RE GOING TO VOTE AGAINST IT? BECAUSE WE HAVE TO MAKE A MOTION.

SOMETIMES NO ONE WANTS TO MAKE THE MOTION..

BECAUSE WE'RE ALL AGAINST IT.

OKAY. BUT MY READING OF ROBERT'S RULES IS YOU CAN MAKE THE MOTION AND VOTE AGAINST IT.

YOU CANNOT DEBATE AGAINST IT AFTER YOU'VE MADE THE MOTION.

THAT'S I MEAN, YEAH, YOU CAN DO THAT.

THERE'S ABSOLUTELY NO PROHIBITION.

IT'S JUST, WHY ARE WE DOING IT, I GUESS IS MY QUESTION.

I MEAN, I IT SOUNDS TO ME LIKE THE REASON YOU'RE DOING IT IS BECAUSE NO ONE WANTS TO MAKE THE MOTION.

RIGHT. EXACTLY.

OKAY. AND I'M LOOKING FOR AN ACTION.

OKAY. AND HE NEEDS ACTION TO TAKE TO CITY COUNCIL.

OKAY. YEAH. THEN.

YEAH, THEN DO THAT.

BUT I LIKE CANDICE'S SUGGESTION BETTER THAT MAKE THE MOTION AS STATED IN THE PACKET THAT YOU GOT, AND THEN JUST VOTE AGAINST IT.

YEAH, OKAY. THAT WOULD BE THE OTHER OPTION.

OKAY, SO YOU'RE REALLY NOT ADVOCATING THAT WE LET AN ISSUE DIE FOR LACK OF A MOTION? CORRECT. REALLY ADVOCATING THAT WE MAKE THE MOTION TO..

VOTE IT DOWN.. AND THEN VOTE IT DOWN.

IF YOU DIDN'T ASK NOBODY TO APPROVE THE SECOND, DOESN'T THAT KILL THE MOTION ALSO? BUT AGAIN, MY READING OF ROBERT'S RULES IS ALL A MOTION DOES IS PUT BUSINESS ON THE FLOOR.

CORRECT. AND YOUR SECONDING THAT THE BUSINESS SHOULD BE ON THE FLOOR AND THE BUSINESS SHOULD BE ON THE FLOOR BECAUSE IT'S IN THE AGENDA.

SO THEN ONCE IT'S ON THE FLOOR, YOU CAN DO WHATEVER YOU WANT TO WITH THE BUSINESS, RIGHT? RIGHT. CORRECT. CORRECT.

OKAY. CORRECT. BUT WHAT WE'RE SAYING IS IT'S EASIER FOR CITY COUNCIL TO UNDERSTAND WHAT'S GOING ON IF WE DO IT THE WAY THAT WE'RE SAYING TO DO IT.

WE'RE NOT SAYING THAT YOU'RE WRONG, AND WE'RE NOT SAYING.

WE'RE JUST SAYING IF WE NEED TO, WE CAN.

YEAH. WE'RE TRYING.

WE'RE JUST TRYING TO FIND A WAY WHERE, WE, THE CITY STAFF, CITY ATTORNEY, CITY COUNCIL HEARS YOU AND THE COMMUNITY AND HAS THE GUIDANCE ON WHAT THEY NEED TO DO.

AND SOMETIMES WHAT THEY NEED TO DO IS LIMITED, AGAIN, BY VIRTUE OF STATE LAW.

BUT THEY NEED THE GUIDANCE.

THEY NEED THE HELP. THAT'S WHY P AND Z WAS CREATED.

ANY OTHER QUESTIONS? OKAY, WELL, I DON'T WANT TO TAKE UP TOO MUCH TIME OF YOUR MEETING.

I ABSOLUTELY ENCOURAGE YOU TO SEND THE EMAILS TO OTIS OR CANDACE.

THEY WILL CONVEY IT TO ME.

OTIS AND I WILL PUT OUR HEADS TOGETHER ABOUT A NEW, IMPROVED AGENDA NEXT TIME SO THAT WHEN YOU SEE A MOTION OR WHEN YOU SEE AN ITEM, WE'RE ALSO GOING TO GIVE YOU, THE AUTHORITY THAT BACKS IT UP ON WHY YOU HAVE TO DO IT, OR IF IT'S STATE LAW, IF IT'S OUR ORDINANCE OR WHATEVER.

AND WE'LL TRY THAT A COUPLE OF MEETINGS AND THEN IF WE REALIZE, OH GOD, THAT'S NOT REALLY HELPING AND WE'RE JUST SPENDING CITY TIME DOING IT, THEN WE'LL COME UP WITH PLAN B, BUT, I'M ALL ABOUT SOLUTIONS, YOU KNOW, WHATEVER IT IS REQUIRED TO HELP YOU SO THAT YOU COME AND THE PEOPLE THAT SEND MESSAGES WITH YOU OUT IN THE COMMUNITY UNDERSTAND WHAT'S GOING ON. WE'LL MAKE THE CHANGE.

I DO HAVE A QUESTION. SORRY.

BEFORE WE LEFT THIS PAPER, I SHOULD HAVE ASKED.

THERE'S AN ASTERISK AFTER LOCAL GOVERNMENT CODE.

YEAH, I WAS GOING TO PROVIDE THE LOCAL GOVERNMENT.

OH, OKAY. SO THAT'S JUST.

AND I JUST YOU WERE GOING TO QUOTE IT.

OKAY. OKAY.

ONLY BECAUSE I REALIZED, WHY AM I GOING TO DO THAT? GOOGLE IS YOUR FRIEND, RIGHT? YEAH. JUST GOOGLE THAT PROVISION IF YOU WANT TO SEE IT.

BUT THAT IS THE BASIS OF YOUR AUTHORITY COUCH IN STATE LAW.

AND THEN ALSO, I MEAN, I'LL SPEAK FROM MY OWN PERSPECTIVE IF I CAN MAKE A COMMENT WAS I DID NOT REALIZE THAT THE MOTION WAS INCORPORATED ESSENTIALLY WITHOUT REFERENCE, ORDINANCE AND STATE LAW.

SO NOW KNOWING THAT, HONESTLY, I DON'T KNOW THAT YOU NEED TO SPECIFICALLY TELL ME WHAT ORDINANCE IT IS, BECAUSE IF I WANT TO KNOW, I'LL EMAIL YOU BEFORE THE MEETING AND ASK FOR IT.

SO IF I MEAN THE I'LL SPEAK FOR MYSELF AND SAY THAT I WAS IGNORANT OF THAT.

NOW I KNOW, I MEAN THE PACKET IS THE SAME FOR ALL I CARE.

I THINK IT'S GOOD PRACTICE.

WE USED TO SEE THAT AT THE SCHOOL DISTRICT WHEN WE WERE ON SCHOOL DISTRICT BOARD, THAT THEY WOULD REFERENCE THE WHY WE HAD TO DO THIS, AND IT MADE IT BLACK AND WHITE.

[00:25:06]

OKAY. THANK YOU VERY MUCH.

ALL RIGHT. WE'RE GOING TO MOVE ON TO ITEM THREE.

[3. Discussion of a Preliminary Plat for Mark Brown Preliminary Plat for 10 acres out of a 35.19-acre tract located at the Northwest corner of FM523 and SH-35. Application incomplete and tabled, no action is required.]

APPLICATION INCOMPLETE AND TABLED, NO ACCESS REQUIRED.

SO ARE WE NOT ACTING ON THIS TODAY? THIS IS JUST FOR INFORMATION ONLY.

IT'S A PLAT THAT WAS FILED WITH THE DEPARTMENT THAT DID NOT MEET THE COMPLETION APPLICATION COMPLETION.

SO WE HAVE COMMUNICATED TO THE APPLICANT THEY HAVE WITHDRAWN IT.

AND IT'S BEEN TABLED.

THEY WILL COME BACK WITH A CORRECTIVE, ITEMS ON THAT, THAT PARTICULAR PROPOSAL FOR A MIXED USE DEVELOPMENT.

AND WE'LL BRING THAT BACK TO YOU.

BUT THAT'S JUST FOR YOUR INFORMATION, JUST KNOW THAT THIS PARTICULAR ITEM, NUMBER THREE, HAS BEEN TABLED AS A PRELIMINARY PLAT.

THANK YOU. ITEM FOUR, CONDUCT A HEARING DISCUSSION AND TAKE POSSIBLE ACTION ON AN ORDINANCE APPROVING A REQUEST FOR A SPECIFIC USE PERMIT FOR APPROXIMATELY 2.7 ACRES OF

[4. Conduct a hearing, discussion, and take possible action on an Ordinance approving a request for a Specific Use Permit, for approximately 2.7 acres of land, currently zoned “C-G”, Commercial General District, allowing for a daycare use on a tract of land located at 2700 E. Mulberry Street/E. SH 35 @ Rab Rd., also described as A0318 T S LEETRACT 38C1 ACRES 2.7 (ANGLETON), Brazoria County, Texas.]

ALSO DESCRIBED AS A0318 BTS LEE TRACT, 38 C1 ACRES, 2.7 ANGLETON BRAZORIA COUNTY, TEXAS.

WHO'S GOING TO INTRODUCE THIS? I WILL INTRODUCE THIS.

ITEM NUMBER FOUR IS A REQUEST AS STATED FOR A SPECIFIC USE FOR A DAYCARE, WHICH UNDER THE ZONING ORDINANCE, DOES REQUIRE AN APPLICANT WITHIN THE COMMERCIAL GENERAL DISTRICT TO APPLY FOR THIS FORM OF PERMIT.

TYPICALLY, DAYCARES ARE WITHIN COMMERCIAL DISTRICTS AND THERE ARE NO ISSUES, BUT BECAUSE IN SOME INSTANCES, COMMERCIAL GENERAL DISTRICTS COULD BE, A SHOPPING CENTER OF SOME NATURE THAT MIGHT HAVE A USE, SUCH AS A BAR RESTAURANT THAT IS NOT COMPATIBLE WITH CHILDREN.

SO TYPICALLY THESE ZONING ORDINANCE WOULD REQUIRE YOU TO DO A SPECIFIC USE IN THAT INSTANCE.

WITH THIS PARTICULAR PROPOSAL, THIS APPLICANT IS PROPOSING TO REPURPOSE AN EXISTING STRUCTURE THAT WAS FORMERLY USED BY A CHURCH FOR VARIOUS USES.

I THINK IN THE PAST IT IS COMMERCIAL GENERAL.

THEY WANT TO CONVERT IT TO THE DAYCARE AND YOU'VE BEEN COPIED THE LAYOUT WITHIN THE DOCUMENT.

AND YOU'RE WELCOME TO KEEP ROLLING.

BUT THIS PARTICULAR PROPERTY DOES EXIST WITHIN THE CITY LIMITS FOR THE MOST PART.

THE REAR AND THE SOUTHERN EASTERN TRACT, THAT YOU SEE THERE IS ACTUALLY IN THE COUNTY.

WE TYPICALLY WOULD NOTIFY EVERYONE WITHIN 200FT WITHIN THE CITY LIMITS.

WITHIN THIS PARTICULAR PROPOSAL, THERE WAS AN ANONYMOUS, PROPERTY OWNER TO THE SOUTH THAT GOT INADVERTENTLY NOTIFIED.

BUT THAT BEING A COURTESY, AT LEAST THEY'LL KNOW WHAT'S BEING PROPOSED NEXT TO THEM.

THE BUILDING SETBACKS WOULD MEET ALL REQUIREMENTS IN TERMS OF THE ADDITION TO THE STRUCTURE.

YOU CAN KEEP ROLLING GRACE, IF YOU DON'T MIND, THERE'S AN AERIAL VIEW IN WHICH YOU HAD AN OPPORTUNITY TO LOOK AT THE PROPERTY.

IT CURRENTLY HAS A PARKING LOT THAT HAS, WE THINK, SUFFICIENT SPACE FOR DROP OFF PARKING REQUIREMENTS FOR THIS SIZE DAYCARE.

SO YOU'LL SEE THE COMMENTS WITHIN THE STAFF REPORT TO ADDRESS THAT.

THESE PHOTOGRAPHS JUST SHOW THE BEFORE AND AFTER PHOTOGRAPHS IN TERMS OF WHAT THEY ARE PROPOSING TO ENHANCE THE STRUCTURE ITSELF.

WE'VE GIVEN YOU SOME OF THE PARAMETERS OF THE PROJECT, BUT WE WILL DEFER TO THE APPLICANT TO GIVE YOU MORE DETAILS IN TERMS OF THE SPACE.

BUT IT WOULD TAKE THE APPROXIMATELY SQUARE FOOT OF 5500 WOULD BE THE TOTAL, BUILD OUT FOR THE PROJECT.

BUT IN TERMS OF CAPACITY, I'VE GIVEN YOU ALL OF THAT INFORMATION FOR THE DAYCARE.

THEY WOULD HAVE TO MEET, OF COURSE, STATE STANDARDS FOR LICENSING.

WE PUT IN THE PROVISIONS THAT WOULD COVER ANY TYPE OF FOOD SERVICE TO THE PATRONS, THE CHILDREN.

TYPICALLY, I THINK IN INSTANCES LIKE THIS, THEY TRY TO GO WITH PREPACKAGED MEALS, BUT IN THE INSTANCE WHERE THEY WANT TO GO TO A FULL KITCHEN, IT WOULD HAVE TO MEET THE REQUIREMENTS OF THE BUILDING CODE, THE STATE CODES, AS WELL AS THE HEALTH CODES FOR, FOOD HANDLING.

OTHER THAN THAT, WE GAVE PUBLIC NOTICE, AS WE STATED, TO THOSE WITHIN 200FT AS WELL AS THE NEWSPAPER.

WE RECEIVED ONE LETTER OF OPPOSITION FROM THE PROPERTY OWNER TO THE SOUTH WITHIN THE COUNTY, AND WE HAVE COPIED YOU OR WE DO HAVE A COPY OF THAT WILL FORWARD

[00:30:05]

IN TERMS OF THE OPPOSITION, WHICH STATED AND AS YOU'LL SEE, SOME SLIDES IN, I'M SORRY, GO, GO BACK UP.

YOU WENT TO THE NEXT CASE, I THINK.

BUT THERE ARE SOME PHOTOGRAPHS, THAT WOULD COVER, THE, THE GENERAL, CONNECTION OF RABB ROAD TO HIGHWAY 35. THERE WERE SOME QUESTIONS THAT THERE ARE SOME NEEDED IMPROVEMENTS TO HANDLE, I GUESS ANY FURTHER USES, AS YOU SEE HERE, WOULD BE WHEN YOU'RE PULLING OUT ON 35? KIND OF KEEP ROLLING IN THAT DIRECTION.

AND THAT KIND OF SHOWS SOME OF THE RECENT PHOTOGRAPHS, AS THAT CONNECTION IS A LITTLE WEIRD.

BUT IN INSTANCES LIKE THIS, THE STREET SHOULD HIT A RIGHT ANGLE.

THAT WAY WHEN YOU'RE PULLING UP TO THE INTERSECTION, YOU'RE ABLE TO LOOK LEFT AND RIGHT.

IN THIS INSTANCE, IT DOES MEET THAT, RIGHT ANGLE OR 90 DEGREE ANGLE.

IT MAY BE A LITTLE NARROW, BUT IT DOES, ACCOMMODATE FOR ONE CAR TO LOOK IN BOTH DIRECTIONS.

SINCE WE RECEIVED THE ISSUES WITH THE TRAFFIC CONCERNS, WE DID REQUEST SOME DATA FROM THE STATE HIGHWAY DEPARTMENT AS WELL AS OUR POLICE CHIEF, JUST TO GET SOME IDEA ON THE TRAFFIC CRASHES WITHIN THE AREA.

THERE WERE ZERO REPORTED, I THINK, FROM BOTH THE POLICE CHIEF AS WELL AS OUR CITY ENGINEER THAT WAS ABLE TO LOG INTO THE STATE SYSTEM TO PULL THOSE NUMBERS.

BUT THAT'S ALL WE'VE DONE ON THE SIDE OF THE QUESTIONS REGARDING SOME OF THE TRAFFIC ISSUES, JUST TO GIVE YOU THAT INFORMATION.

OTHER THAN THAT, I THINK THIS IS A PRETTY STRAIGHTFORWARD REQUEST.

STAFF IS AVAILABLE TO ANSWER ANYTHING THAT YOU WOULD HAVE REGARDING THE CITY ORDINANCES, OR IN TERMS OF WHAT WE WOULD COVER FOR THESE TYPE OF SPECIFIC USES.

THE APPLICANT IS HERE TO GIVE YOU MORE DETAILS ABOUT THE FACILITY.

THEY DO OWN DAYCARES, I THINK, IN OTHER LOCATIONS VERY SIMILARLY.

AND THEY CAN ANSWER ALL OF THE TECHNICAL QUESTIONS.

SO MR. KING, THE I'M SURE THE CHAIR WILL ALLOW YOU TO DO SO DURING THE PUBLIC HEARING.

SO THIS IS A PUBLIC HEARING.

YOU STOP..

AND I WILL HUSH. THANK YOU.

THANK YOU. AND WE DO HAVE THE ORDINANCE ATTACHED WITH THE CONDITIONS.

AND YOU'VE READ THOSE.

BUT THERE ARE STANDARD THAT DEAL WITH WHAT I JUST DISCUSSED.

THAT'S IT? YES, SIR. OKAY, MR. KING. YOU ASKED TO SPEAK, SO PLEASE COME TO THE PODIUM, INTRODUCE YOURSELF, AND TALK TO US.

HELLO. HOW ARE YOU DOING TODAY? WELL, WE'RE GOOD, THANK YOU.

HI, WIFE.

HI, I'M VERONICA KING.

HI, I'M VIOLA DARDEN.

SO YOU HAVE ANY QUESTIONS? LOOKS NICE ON YOUR PLANS AND I'VE SEEN THE OTHER ONES ON FACEBOOK.

YOU ALWAYS DO VERY WELL.

WHAT IS YOUR DAYCARE? I'M SORRY.

LITTLE EINSTEINS LEARNING CENTER.

OH, OKAY. SO WE HAVE THREE CENTERS.

WE HAVE TWO IN, COLUMBUS AND ONE IN [INAUDIBLE].

WHERE ARE YOU ALL FROM? I'M FROM ANGLETON.

OKAY. YOU KNOW DAVID KING? HIS DAD FROM THE WATER DEPARTMENT.

OH, OKAY. VERY GOOD. YEAH.

I'M FROM ANGLETON. SHE'S MY WIFE'S FROM..

YEAH, I'M FROM COLUMBUS. WE ACTUALLY RESIDE KIND OF LIKE IN ROSHARON, A 521 AREA.

AND SO WE DRIVE INTO THE CENTERS A COUPLE OF DAYS A WEEK.

VERY GOOD. YEAH. VERY GOOD.

AND ARE Y'ALL KEEPING THE LIKE.

THERE'S, I DROVE OUT THERE.

THERE'S A KIND OF A DRIVEWAY THERE RIGHT NOW.

ARE Y'ALL GOING TO TRY TO CHANGE ANY OF THAT OR JUST KIND OF LEAVE THE PARKING AND THE DRIVE HOW IT IS? NO, THAT'S NOT THE PLAN.

NOT TO TRY TO GET ON 35 OR ANYTHING DIRECTLY FROM.

YEAH. OKAY. OKAY.

YEAH. ALL RIGHT, WELL, I TELL YOU WHAT, IF WE HAVE QUESTIONS, WE WILL ASK YOU.

BUT I THINK RIGHT NOW WE JUST NEED TO, NOT CHAT AMONGST OURSELVES, BUT DISCUSS THE ISSUE.

SO STAND BY.

OKAY. SOUNDS GOOD. ALL RIGHT, SO I THINK WE NEED THE BUSINESSES ON THAT SIDE OF TOWN.

I THINK WE DO. I THINK WE'RE GOING TO HAVE A NEED FOR IT WITH ALL THE BUILDING WINDOWS GREEN AND EVERYTHING ELSE AND THE LOCATION WISE, YOU CAN DROP YOUR CHILD OFF, HIT THE MAJOR CORRIDORS AND GET ON TO WORK.

WHETHER YOU'RE GOING SOUTH, EAST, WEST OR WHEREVER YOU'RE GOING TO GO, THAT IS A TOUGH CURVE.

BUT THIS REPORT SAYS THERE'S BEEN NO CRASHES IN THE LAST FIVE YEARS.

BUT IT SEEMS LIKE THAT PROPERTY ACROSS THE STREET ON RABB ROAD IS WOULD BE MORE OF AN ISSUE, BECAUSE IT LOOKS LIKE IT'S PRETTY GROWED UP ON THIS SIDE OF THE HIGHWAY OVER HERE.

YEAH, ALL THOSE TREES THAT'S FOR SALE.

THAT'S MY FARM BUREAU.

YEAH. YOU KNOW THAT ONE CORNER I DROVE BY THERE TODAY, TOO.

YEAH. THERE'S NOT.

BUT WHAT IS THE EXPECTED TRAFFIC INCREASE? IN OTHER WORDS, HOW MANY STUDENTS ARE YOU GOING TO HAVE AND AT WHAT HOURS WOULD YOU BEGIN RECEIVING THOSE STUDENTS? AND WHAT WOULD BE THE END DATE OR END HOUR OF THOSE STUDENTS?

[00:35:02]

SO WE'RE LOOKING AT BUSSES GOING OUT FROM AISD THAT START, WHAT, FIVE SOMETHING IN THE MORNING AND CONTINUE UNTIL 5 OR 6 IN THE EVENING.

MAKING ALL THEIR TRANSFERS.

SO YOU'RE GOING TO HAVE A SIGNIFICANT INCREASE OF HOW MANY THAT YOU ANTICIPATE? WE'RE ANTICIPATING RIGHT OFF THE JUMP.

I'M HOPING FOR ABOUT 70 TO 90 KIDS.

OF COURSE, WITH IT BEING 2.7 ACRES, THERE'S ALWAYS ROOM TO EXPAND LATER ON DOWN THE LINE.

BUT RIGHT NOW GOING INTO THE PROJECT, WE'RE ANTICIPATING ABOUT 70 TO 80 KIDS.

AS FAR AS THE HOURS GO, OUR HOURS PRETTY MUCH WILL REMAIN THE SAME AS OTHER DAYCARES THROUGHOUT THE CITY OF ANGLETON.

AND I THINK THEIR NORMAL NORMALLY THEY OPEN AROUND 6:00 AND CLOSING TIME IS AT 6:00.

SO WE'RE NOT WE'RE PRETTY MUCH TRYING TO STAY IN PRETTY MUCH IN THE TIME RANGE OF THE OTHER CENTERS.

SO YOUR YOUR CLIENTELE WILL BE STRICTLY PRESCHOOLERS OR YOUR INFANT ALL THE WAY TO AFTER SCHOOL.

SO ARE YOU GOING TO DELIVER TO THE SCHOOLS LIKE MOM GOT ME AT WORK? YES, I'M DROPPING OFF.

AND THEN YOU'RE GOING TO RUN BUSSES TO ELEMENTARIES, ETC.? YES, MA'AM. THAT'S CORRECT.

WELL. I ALSO WENT OUT AND LOOKED AT THE PROPERTY AND MR. SEBESTA BRINGS UP SOME VERY VALID POINTS.

IT IS DIFFICULT TO SEE AROUND THE CORNER.

IT IS COMING OFF OF A 55 MILE AN HOUR ZONE.

IT'S NOT LIT.

YOU'RE GOING TO HAVE, YOU KNOW, HOURS THAT EXTEND BEYOND THE DAYLIGHT HOURS IN THE WINTER TIME.

AND IN FACT, THE DAY THAT I WENT OUT THERE AND DROVE THE RABB ROAD, AS I WAS COMING BACK ON RABB ROAD, APPROACHING HIGHWAY 35, A FEDEX TRUCK, NOT A HUGE 18 WHEELER, BUT JUST A FEDEX BOX DELIVERY TRUCK WAS TURNING.

WE WAS NORTHBOUND ON 35, TURNING RIGHT ONTO RABB ROAD AS HE TURNED ONTO RABB ROAD BECAUSE OF THE VERY NARROW LANE THERE.

I MEAN, HE CAME INTO THE TO MY LANE OF TRAFFIC AND HE COULDN'T HELP HIMSELF.

I MEAN, HE HAD TO DO WHAT HE COULD TO STAY OUT OF THE DITCH TO HIS RIGHT.

AND, AND I HAD TO GO OFF ONTO THE PRACTICALLY UNDER THE EDGE OF THE ROAD, OFF THE EDGE OF THE ROAD, TO LET HIM GET AROUND ME. SO I SHARE THE CONCERNS ON THIS PARTICULAR ISSUE.

SO I HAVE A QUESTION AND MAYBE IT'S MORE FOR Y'ALL.

SURE. IF THAT'S ETJ.

ISN'T THAT A COUNTY ROAD? AND STATE HIGHWAY IS THE THERE'S A PORTION THAT EXISTS WITHIN THE CITY LIMITS.

YEAH, THERE'S A PORTION THAT'S PROBABLY MAINTAINED IN THE CITY LIMITS.

THAT SMALL FRACTION.

YEAH. RIGHT AT THE WHERE IT GOES AT A RIGHT ANGLE, IT KIND OF TURNS, THEN GOES INTO THE COUNTY.

AND THEN SOME OF IT IS STATE CONTROL AT THE INTERSECTION.

OKAY. SO DOES THE COMPLAINT EVEN.

IS A DIFFERENCE BETWEEN CITY AND COUNTY.

I KNOW THAT MR. JOE SYLVESTER, IS HE IN THE COUNTY OR THE CITY? AS I STATED EARLIER, WE'RE NOT REQUIRED TO NOTIFY, BUT WE SOMETIMES SEND THE COURTESY NOTIFICATIONS.

I THINK ANY, YOU KNOW, QUESTION IS VALID.

IF YOU HAVE A CERTAIN LEVEL OF THE PLANNING COMMISSION AND I DIDN'T MENTION IT IN THE STAFF REPORT, BUT YOU DO HAVE THE AUTHORITY TO ALSO TIME LIMIT THESE THINGS.

SO YOU COULD HOLD THEM TO A CERTAIN THRESHOLD OR CAPACITY AND THEN HAVE THEM COME BACK WITHIN A YEAR FOR REEVALUATION.

YOU KNOW, SO YOU CAN CONTROL THE LIMIT NUMBER OF CHILDREN IS WHAT I'M GETTING AT.

AND THAT'S ONE OF THE CONDITIONS WE DID NOT PLACE IN THE REPORT.

WE WANTED TO GET THE INFORMATION AND SORT OF DISCUSS IT FIRST, BUT JUST KNOW THAT YOU DO HAVE THAT OPTION.

WELL, MY CONCERN IS NOT WITH THE BUSINESS ITSELF OR THE NUMBER OF CHILDREN.

I THINK IT'S A GREAT IDEA.

I AGREE WITH WILL THAT WE NEED TO DEVELOP THAT, THAT SIDE OF TOWN.

MY CONCERN IS THAT I THINK THE CITY NEEDS TO GO IN AND IMPROVE THAT INTERSECTION TO PREVENT PROBLEMS..

AND SOME KIND OF AGREEMENT.

EXCUSE ME. WITH THE STATE GETTING A POSSIBLE TURN LANE THROUGH THAT SECTION OF THE 35, BECAUSE, AGAIN, HOMES ARE COMING. WE CAUGHT IN BUSINESS WE CROSSED 523 AND DAILY FROM OKAY, LET'S JUST SAY THIS TIME OF THE YEAR WE GET THESE TEMPERATURE INVERSIONS, WE GET A REAL THICK FOG.

AND YOU GOT SOMEBODY THAT DECIDES TO MAKE A TURN FROM THE TURNING LEFT INTO THAT RABB ROAD TO GET TO THEIR DRIVEWAY.

[00:40:03]

YOU'RE ASKING FOR IT AT 55 MILES AN HOUR.

YES. AND WE SEE THAT ALL THE TIME OUT AT 210 AND 523.

AND I THINK AND THAT'S AGAIN A PRECARIOUS TURN ON A MAJOR ROADWAY AND THAT THERE'S CONSTANTLY WRECKS OUT THERE. YEAH.

SO, SO IN MY RESEARCH, I MEAN YOU HAVE LEAST SIX DAYCARES IN HEAVILY TRAFFICKED AREAS.

NONE OF THEM HAVE TURN LIGHTS.

I CAN NAME A FEW. A COUPLE OF 35 VALDERAS, I MEAN, NONE OF THEM HAVE TURNED LANES AND THEY ALL AROUND HIGH SCHOOLS, JUNIOR HIGHS, ELEMENTARIES, NOBODY HAS A TURN LANE.

WELL, I UNDERSTAND THAT THAT'S NOT YOUR ISSUE.

THAT'S THE CITY AND STATE ISSUE.

BUT, I MEAN, JUST DOING MY RESEARCH.

I DON'T THINK IT'S A DAYCARE THAT HAS A TURN LANE AND SOME OF THEM UP ON 35 HENDERSON.

YOU GOING 30, 40MPH? VALDERAS IS THE SAME THING.

WELL, IT'S A COUPLE OF MORE SO.

WELL, DAVID AND I COULD EVEN EMPHASIZE TOO, BECAUSE, YOU KNOW, OUR FAMILY OWNS LAND PLOT MOBILE HOME PARK, AND WE HAVE 110 SPACES, TWO CARS PER LOT, AND THERE'S NOT A TURNING LANE GOING IN AND OUT OF THERE.

AND THE APARTMENTS ACROSS THE STREET, THERE'S A LOT MORE COMING OUT OF THOSE APARTMENTS AND NEVER WENT OUT OF THAT DAYCARE.

AND THERE'S NO TURNING LANE IN FRONT OF THAT EITHER.

AND I HAVE WITNESSED A FEW WRECKS OVER THE LAST 20 YEARS, BUT IT'S BEEN JUST A HANDFUL, YOU KNOW? SO AS FAR AS THE TURNING LANE AND GETTING IN AND OUT AND THAT'S 45 MILE AN HOURS, IT GETS TO 55 RIGHT AFTER YOU GET RIGHT UP TO FARM BUREAU.

YEAH, WE'LL DEFINITELY FORWARD YOUR CONCERNS TO THE COUNCIL.

THEY'RE ABOUT TO GO INTO THE STRATEGIC PLAN PROCESS.

AND, YOU KNOW, WE WORK WITH A HIGHWAY DEPARTMENT ON A REGULAR BASIS IN TERMS OF DEVELOPING THE TRAFFIC IMPROVEMENT PLANS FOR THE AREA, THERE'S SOME IMPROVEMENTS PLANNED FOR HENDERSON ROAD, THIS AREA, YOU WILL SEE SOME FUTURE APPLICATIONS.

WE'RE GETTING A LOT OF INTEREST OF OTHER USERS WITHIN THIS BLOCK AREA, AS YOU STATED AT 523 AS WELL.

BUT YEAH, WE WOULD DEFINITELY FORWARD THAT INFORMATION BACK TO COUNCIL.

AND THERE'S NO WAY OF MAKING THE APPROVAL SUBJECT TO GETTING ACCESS OFF 35.

THE HIGHWAY WOULD NOT ALLOW. SO TYPICALLY UNDER THESE TYPE OF REQUESTS BEFORE YOU SUCH AS REZONINGS AND SPECIFIC USES, SOMETIMES IF WE HAVE A HEAVY COMMERCIAL USE WE CAN RECOMMEND OR THE CITY ENGINEER COULD RECOMMEND A TRAFFIC IMPACT STUDY BE DONE.

WE HAVE AN ABBREVIATED TRAFFIC IMPACT STUDY THAT WHAT WHAT IT WILL DO IS BASICALLY TAKE THAT USE THE TRAFFIC VOLUME AT CERTAIN TIMES AND TAKE THOSE PEAK LEVELS AND TRY TO DETERMINE WITH THAT STUDY WHAT IMPROVEMENTS THEY NEED TO PARTICIPATE IN.

IN THIS INSTANCE, I'M NOT A CITY ENGINEER TO GIVE YOU THAT INFORMATION, BUT IN FOR YOUR QUESTION, THE PURPOSE OF IT, THAT'S USUALLY HOW WE WOULD HANDLE THAT.

I DON'T KNOW IF I ANSWERED YOUR QUESTION.

I MEAN, DO WE TABLE THE MOTION OR DO WE MAKE A MOTION? THAT'S WHAT I UNDERSTAND, I THINK MAKE A MOTION I MAKE A MOTION, YEAH.

WHENEVER YOU'RE READY, I'M READY.

ALL RIGHT, GO AHEAD. MICHELLE, I MOVE THE PLANNING AND ZONING COMMISSION, ADOPT THIS FINAL REPORT FORWARDED TO CITY COUNCIL WITH A POSITIVE RECOMMENDATION OF THE SPECIFIC USE PERMIT APPLICATION FOR A CHILD DAYCARE AND LEARNING CENTER WITHIN THE COMMERCIAL GENERAL ZONING DISTRICT FOR APPROVAL, CONSIDERATION AND APPROPRIATE ACTION, SUBJECT TO THE THREE REQUIREMENTS LISTED IN OUR PACKET ON ITEM NUMBER FOUR, PAGE EIGHT.

SECOND. ALL RIGHT.

I HAVE A MOTION BY MISS TOWNSEND AND A SECOND BY MISS BERRY.

IS THERE ANY FURTHER DISCUSSION? IF NOT, ALL THOSE IN FAVOR INDICATE BY SAYING AYE.

AYE. OPPOSED, SAME SIGN.

GOOD LUCK. CONGRATULATIONS.

GOOD LUCK WITH COUNCIL.

LET THE MINUTES REFLECT THAT I BELIEVE THAT THE CITY NEEDS TO MAKE THE IMPROVEMENT OF THAT INTERSECTION A PRIORITY.

YES, SIR. THANK YOU, THANK YOU, THANK YOU ALL.

GOOD LUCK TO Y'ALL. OKAY.

THAT TAKES US DOWN TO ITEM NUMBER FIVE, CONDUCT A HEARING DISCUSSION AND TAKE POSSIBLE ACTION ON AN ORDINANCE APPROVING A REQUEST TO REZONE APPROXIMATELY 0.1799 ACRES

[5. Conduct a hearing, discussion, and take possible action on Ordinance approving a request to rezone approximately 0.1799 acres of land from the “SFA”, Single Family Attached District to the “C-G”, Commercial General District with a Specific Use Permit to allow for a small daycare addition on a tract of land located adjacent and south of 2924 N Valderas St, Angleton, TX 77515, Angleton, Texas, legally described as A0380 J DE J VALDERAS TRACT 125B7 (MOODY TR 2 (PT)) (ANGLETON) ACRES 0.1799, Brazoria County, Texas.]

77515. LEGALLY DESCRIBED AS A0380 JDG VALDEZ, TRACT 12 125B7, AND SO ON AND SO ON AND SO ON.

WHO'S GOING TO TALK ABOUT THIS, CANDACE? THIS IS GOING TO BE ME. PLEASE.

OKAY. I'VE GOT TO BE BACK AT THE OFFICE BY ONE.

YES, SIR. MAKE IT SHORT.

SO THIS IS AN EXISTING DAYCARE ON, THE ROAD HERE IN VALDARAS.

[00:45:04]

THEY HAVE A CURRENT STATE LICENSE FOR 119 CHILDREN.

THE PROPERTY WOULD NEED TO BE REZONED TO COMMERCIAL GENERAL FROM THE SINGLE FAMILY ATTACHED AND APPROVED FOR THE SPECIAL USE PERMIT. THERE IS ALREADY AN EXISTING USE AS A DAYCARE.

THERE IS RESIDENTS AND THE SURROUNDING PROPERTIES ARE NOTED IN THE REPORT THAT WAS PROVIDED.

WE WENT OUT AND TOOK SOME PICTURES AND THEN WE HAD SOME QUESTIONS ABOUT, THE TRAFFIC IN THIS AREA AS WELL.

AS MR. KING MENTIONED, THIS IS ONE OF THE DAYCARES THAT IS OVER BY THE, I GUESS, CLOSE TO TWO ELEMENTARY SCHOOLS, THE MIDDLE SCHOOL AND THE HIGH SCHOOL.

IT HAS A FOUR WAY STOP SIGN TOWARDS THE END, AND THE STOP SIGN DOES TEND TO GET BUSY DURING THE SCHOOL HOURS, NOT JUST BECAUSE OF THE DAYCARE, BUT BECAUSE OF ALL THE SCHOOL TRAFFIC THAT'S GOING TO AND FROM.

IT MEETS THE REQUIREMENTS FOR THE SPECIFIC USE.

AND THEY HAVE PROVIDED A PLAN, WHICH IS WHAT MR. SPRIGGS HAS JUST PASSED OUT.

THEY ARE INCREASING THEIR PARKING AREA AND THEY ARE INCREASING THEIR, QUEUE LANE FOR DROP OFF, IN ADDITION TO THE BUILDING.

AND THEN I'LL TAKE ANY QUESTIONS THAT YOU MIGHT HAVE.

OKAY. SO SO WE'RE NOT ADDING AN ADDITIONAL DAYCARE.

WE'RE EXPANDING THE EXISTING DAYCARE.

YES, SIR. OKAY.

THANK YOU. IS I DON'T NO ONE REQUESTED TO SPEAK ON THIS, SO I'M GOING TO ASSUME..

MIGUEL FROM BAKER AND LAWSON IS HERE.

IF YOU HAVE ANY QUESTIONS BEFORE WE WE CONSIDER THIS OR YOU JUST WANT TO WAIT FOR QUESTIONS.

NO, I'M AVAILABLE FOR QUESTIONS.

OKAY. VERY GOOD. CHRISTINE'S HERE AS WELL.

EXCELLENT. WHAT'S YOUR PLEASURE? THIS ANSWERED THE QUESTIONS THAT I HAD THAT I HAD EMAILED OTIS ABOUT BEFORE OUR MEETING.

SO I'LL MAKE A MOTION. UNLESS Y'ALL.

OKAY. ALL RIGHT. I'LL MOVE.

PLANNING AND ZONING COMMISSION ADOPT THIS FINAL REPORT FORWARD TO CITY COUNCIL WITH A POSITIVE RECOMMENDATION OF THIS REZONING AND SPECIFIC USE PERMIT APPLICATION FOR A CHILD DAYCARE AND PRESCHOOL FACILITY IN THE COMMERCIAL GENERAL ZONING DISTRICT FOR APPROVAL, CONSIDERATION, AND APPROPRIATE ACTION SUBJECT TO THE FOUR NOTES MADE ON PAGE SIX THROUGH SEVEN OF ITEM FIVE IN OUR PACKET.

SECOND. SECOND. ALL RIGHT.

I HAVE A MOTION BY MISS BARRETT.

EXCUSE ME. A MOTION BY MISS TOWNSEND AND A SECOND BY MISS BERRY.

IS THERE ANY FURTHER DISCUSSION? IF NOT, ALL THOSE IN FAVOR OF THE MOTION INDICATE SO BY SAYING AYE.

AYE AYE. OPPOSED. SAME SIGN.

MOTION CARRIES.

WE'RE ADJOURNED. IT'S 12:49.

THANK YOU VERY MUCH.

* This transcript was compiled from uncorrected Closed Captioning.