[1. CALL TO ORDER ] [00:00:08] MAY 25TH, WILL NOW CALL THE CITY COUNCIL SPECIAL MEETING TO ORDER AT 5 P.M. ITEM NUMBER TWO, A ROLL CALL. WE DO HAVE A QUORUM OF COUNCIL. ITEM NUMBER THREE ARE PUBLIC COMMENTS. CITY [(a) Public Hearing - To receive comments for or against a moratorium pursu...] SECRETARY, DO YOU HAVE ANY PUBLIC COMMENT? NO, MR. MAYOR, WE DO NOT. OKAY. THANK YOU. ITEM NUMBER FOUR DISCUSSION AND POSSIBLE ACTION FOR A IS A PUBLIC HEARING TO RECEIVE COMMENTS FOR OR AGAINST A MORATORIUM PURSUANT TO SUBCHAPTER E OF CHAPTER 212 OF THE TEXAS TEXAS LOCAL GOVERNMENT CODE ON DEVELOPMENT ON COMMERCIAL PROPERTY CONSISTING OF SMOKE SHOPS, INCLUDING RETAIL ESTABLISHMENTS ENGAGED IN THE SALE OF SMOKING AND VAPING PRODUCTS WITHIN WITHIN THE CORPORATE LIMITS OF MISSOURI CITY, TEXAS. WE HAVE A PRESENTATION BY CITY CITY ATTORNEY. GOOD AFTERNOON, MAYOR AND MEMBERS OF COUNCIL, AND THIS SHOULD BE A SHORT PRESENTATION. THIS IS A PUBLIC THE PUBLIC'S OPPORTUNITY TO COMMENT ON PROVIDING A MORATORIUM ON SMOKE AND VAPE SHOPS. THIS SPEAKS TO YOUR GOAL OF CREATING A GREAT PLACE TO LIVE. SPECIFICALLY, STATE LAW ALLOWS THE CITY TO IMPOSE A MORATORIUM ON CERTAIN USES WHERE THE ORDINANCES THAT ARE IN PLACE NEED TO BE CHANGED AND ARE NOT SUFFICIENT OR ADEQUATE IN ORDER TO PROTECT THE PUBLIC'S PUBLIC SAFETY, HEALTH, AND WELFARE. THE SPECIFIC ORDINANCES THAT ARE REFERRED TO HERE ARE THE. IT'S ESSENTIALLY SECTION SEVEN IN THE CITY'S ZONING ORDINANCE. THE ORDINANCE ALLOWS RETAIL SHOPS AND SPECIALTY SHOPS, WHICH ALLOW SMOKE AND VAPE SHOPS AND MULTIPLE COMMERCIAL DISTRICTS IN THE CITY. MOST OF THE SMOKE AND VAPE SHOPS IN MISSOURI CITY ARE LOCATED ALONG COMMERCIAL CORRIDORS. AS YOU ALL CAN SEE, HIGHWAY SIX HAS A LOT OF THE CITY'S SMOKE AND VAPE SHOPS. THERE ARE ALSO SEVERAL SMOKE AND VAPE SHOPS ON 2234, SO A VAST MAJORITY OF THE CITY'S SMOKE AND VAPE SHOPS ARE LOCATED AGAIN ALONG MAJOR THOROUGHFARES IN MISSOURI CITY. AS YOU CAN ALSO SEE FROM THE NUMBERS, MISSOURI CITY CURRENTLY HAS ABOUT 20 SMOKE AND VAPE SHOPS IN CITY LIMITS. THAT'S COMPARED TO NINE IN THE CITY OF SUGAR LAND, 11 IN PEARLAND AND 16 IN ROSENBERG. THE APPLICABILITY OF THIS PROPOSED MORATORIUM WOULD BE TO APPLY, OR IT WOULD APPLY TO COMMERCIAL PROPERTY DEVELOPED AND DEVELOPMENTS INSIDE THE CORPORATE LIMITS OF MISSOURI CITY. IT WOULD APPLY TO PROPERTY THAT IS LEASED OR OWNED. IT SPECIFICALLY WOULD APPLY TO LAND USES, AND IT WOULD APPLY TO PROPERTIES THAT SELL SMOKING RELATED PRODUCTS, INCLUDING CIGARETTES, CIGARS, E-CIGARETTES, PIPES, HOOKAHS, BONGS, TOBACCO, CANNABIS, HEMP AND HEMP CARTRIDGES. IF THEY SELL MORE THAN 30%. THE REASON THIS PERCENTAGE IS RECOMMENDED IS BECAUSE CONVENIENCE STORES AND OTHER DIFFERENT TYPES OF PROPERTIES ALSO SELL TOBACCO PRODUCTS, SO WE DON'T WANT TO CAPTURE ALL CONVENIENCE STORES OR GROCERY STORES IN THIS MORATORIUM. THE SPECIFIC TYPE OF USE THAT THE CITY IS TRYING TO ADDRESS IS THE DENSITY OF PUBLIC SMOKING OR PUBLICLY AVAILABLE SMOKING AND VAPING SHOPS. SO THIS PROPOSED MORATORIUM WOULD ALLOW THE STAFF AND THE CITY COUNCIL TO ADOPT A NEW ORDINANCE THAT WOULD ADDRESS PUBLIC SAFETY, PUBLIC HEALTH AND WELFARE BY MITIGATING THE HARM TO THE CITY'S RESIDENTS. THERE ARE THERE ARE A FEW CITED IN THE MEMO, BUT THERE ARE REPORTS BY THE CENTER FOR DISEASE CONTROL AND THE NATIONAL INSTITUTE OF HEALTH THAT PROVIDE THAT PROXIMITY TO SMOKING SHOPS AND THESE TYPES OF TOBACCO ORIENTED LOCATIONS MAKE IT HARDER FOR PEOPLE TO ACTUALLY STOP UTILIZING THOSE PRODUCTS. AND AS WE ALL KNOW, AND AS THESE ENTITIES HAVE PROVIDED INFORMATION ON THE SMOKING IS DETRIMENTAL TO ONE'S HEALTH. SO THIS WOULD ALLOW THE CITY TO PAUSE APPLICATIONS WHILE THE CITY CONSIDERS POTENTIAL A POTENTIAL ORDINANCE LIMITING OR RESTRICTING THESE TYPES OF USES, AN ORDINANCE IS ALREADY SCHEDULED TO APPEAR ON THE NEXT REGULAR MEETING OF YOUR PLANNING AND ZONING COMMISSION, SO STAFF IS CERTAINLY WORKING ON THIS PROJECT. BUT WOULD OR IS ASKING FOR THIS MORATORIUM IN THE MEANTIME SO THAT ADDITIONAL SMOKE SHOPS DO NOT CONTINUE TO [00:05:04] PROLIFERATE IN MISSOURI CITY. SO THE NEXT STEPS THAT ARE RECOMMENDED HERE. THIS IS THE FIRST PUBLIC HEARING. STATE LAW REQUIRES ANOTHER PUBLIC HEARING, WITH THE PLANNING AND ZONING COMMISSION THAT IS SCHEDULED TO TAKE PLACE AT THEIR SPECIAL MEETING ON THURSDAY, JULY 31ST. PURSUANT TO STATE LAW, A TEMPORARY MORATORIUM CAN TAKE EFFECT ON THAT DATE, JULY 31ST, AND YOUR FIRST CONSIDERATION OF AN ORDINANCE ACTUALLY IMPOSING THIS MORATORIUM IS AUGUST 4TH, 2025. YOU ALL HAVE A SPECIAL MEETING SCHEDULED FOR AUGUST 11TH, AT WHICH TIME WE WOULD RECOMMEND THAT YOU CONSIDER ADOPTING THE ORDINANCE ON SECOND READING. AT THAT TIME, NOVEMBER 9TH WOULD BE THE DATE THAT THE PROPOSED MORATORIUM WOULD END. I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU ALL HAVE. THANK YOU. JOYCE. WE HAVE SOME PEOPLE THAT SIGNED UP. SO WE'RE GOING TO START WITH COUNCILMEMBER VAUGHN. THANK YOU. MAYOR. I COULDN'T QUITE MAKE OUT THE NAMES OF THESE. I SAW THE MAP AND I KNOW THAT THEY'RE OKAY. THERE IT IS. IT'S ON HERE. I GUESS I HAD A QUESTION ABOUT THERE. MAY IF THERE ARE ANY RESTAURANTS THERE, ANY RESTAURANTS OR ESTABLISHMENTS THAT ARE NOT DEEMED SMOKE SHOPS, WOULD THAT BE APPLICABLE TO THEM AS WELL? IF THEY ALLOW FOR, SAY, SMOKING CIGARS OR IF THEY DO HOOKAH? SO THE RECOMMENDATION WOULD BE THAT IF AN ESTABLISHMENT HAS A 30% OR MORE OF ITS SALES, GROSS SALES IN SMOKING PRODUCTS, THEN IT WOULD APPLY TO THAT TYPE OF ESTABLISHMENT. MOST RESTAURANTS MAKE A MAJORITY OF THEIR MONEY AND THEIR REVENUES AND FOOD, JUST LIKE OTHER ESTABLISHMENTS, GROCERY STORES AND THINGS LIKE THAT. DON'T SOLELY FOCUS ON SMOKING. SMOKING PRODUCTS, AND THIS WOULD APPLY TO POTENTIAL ESTABLISHMENTS. IF THERE IS AN EXISTING ESTABLISHMENT, THIS WOULD NOT APPLY TO AN EXISTING ESTABLISHMENT, ONLY A PROPOSED. OKAY, GREAT. THANK YOU. OH. I'M SORRY, I'M WOULD. SO THIS MORATORIUM WE'RE LOOKING IT WILL POTENTIALLY LAST FOR HOW LONG 90 STATE LAW ONLY ALLOWS 90 DAYS. AND THEN AFTER 90 DAYS. SO BY 90 DAYS, THERE SHOULD BE AN ORDINANCE IN PLACE ADDRESSING SMOKE SHOPS. THAT THAT ORDINANCE HAS ALREADY BEEN PROPOSED AND IS IN THE QUEUE FOR THE PLANNING AND ZONING COMMISSION. YES. SO WOULD IT BE BASED OFF OF PROXIMITY SIMILAR TO THE GAS STATIONS, OR WOULD IT BE BASED OFF OF JUST THE NUMBER? IT'S ALL ALL SMOKE AND VAPE SHOPS. OKAY, SO THE PROPOSED THE PROPOSAL THAT'S GOING TO P AND Z WOULD BE TO PROHIBIT ALL SMOKE AND VAPE SHOPS IN MISSOURI CITY GOING FORWARD. YES. ALL RIGHT. THANK YOU. ALL RIGHT. THANK YOU. RECOGNIZE THE MAYOR PRO TEM. THANK YOU. MAYOR. THANK YOU SO MUCH FOR BRINGING THIS AS QUICKLY AS YOU HAVE BROUGHT THIS BEFORE US. THIS IS A. AN IDEA, ACTUALLY, THAT FORMER COUNCIL MEMBER MARULAZ BROUGHT, BROUGHT UP SOME MONTHS AGO. AND I DO RECALL YOU PROVIDING US INFORMATION ON ON THIS IN APRIL AND WITHIN OUR ECONOMIC DEVELOPMENT COMMITTEE MEETING. AT OUR LAST MEETING, JUST WATCHING THE NUMBER CONTINUE TO RISE WAS ALARMING TO US. SO I ALSO WANT TO THANK JASON MANGUM FOR LISTENING TO US AT THE ECONOMIC DEVELOPMENT COMMITTEE MEETING AND MAKING SURE THAT WE COULD MAKE THIS HAPPEN. SO I JUST THINK IT'S EXTREMELY IMPORTANT. AND NOW TO REALLY LOOK AT THE NUMBERS, TO SEE HOW WE COMPARE TO OTHER CITIES NEAR AND SURROUNDING US. YEAH, WE REALLY NEED TO GET THAT ORDINANCE IN PLACE. SO AGAIN, THANK YOU. ALL RIGHT. THANK YOU. COUNCIL MEMBER RILEY. THANK YOU MAYOR. THANK YOU AGAIN FOR BRINGING THIS. MY QUESTION IS, ARE THERE TO YOUR KNOWLEDGE, ARE THERE ANY IN THE QUEUE RIGHT NOW THAT ARE SUBMITTING APPLICATIONS FOR THESE TYPE OF BUSINESSES? I DO KNOW, AND I BELIEVE THAT DEVELOPMENT SERVICES IS HERE, BUT I DO BELIEVE THAT THERE ARE SOME THAT ARE GOING THROUGH THE CERTIFICATE OF OCCUPANCY PROCESS. BUT BECAUSE THEY'VE ALREADY SUBMITTED AN APPLICATION, THEY'RE ALREADY IN THE QUEUE, WE WOULDN'T BE ABLE TO ADDRESS THOSE BUSINESSES THAT ARE ALREADY IN THE QUEUE WITH THIS MORATORIUM. BUT IF, FOR EXAMPLE, THERE'S A BUSINESS THAT TRIES OR WANTS TO FILE AN APPLICATION ON AUGUST 1ST, THEN THAT BUSINESS WOULD NOT BE ABLE TO SUBMIT THE APPLICATION STAFF BASED ON THIS WOULD BE ABLE TO REJECT THE APPLICATION. SO WITH THE ONES THAT YOU'RE AWARE THERE ARE IN THE QUEUE, DOES THAT INCLUDED IN THE IN THE NUMBER OF 20? I BELIEVE THOSE ARE INCLUDED IN THE 20. BUT I'LL THERE'S ONE THERE'S ONE THERE'S ONLY ONE. THERE'S ONE THAT'S NOT. SO WHEN THAT GOES THROUGH THAT WILL BE [00:10:02] 21 OKAY. AND THEN MY LAST QUESTION IS IN REGARDS TO WOULD THIS BE APPLICABLE TO DISPENSARY TYPE BUSINESSES. SO THE PROPOSAL IS TO THE PROPOSAL IS TO SPECIFICALLY PROVIDE FOR BUSINESSES THAT SELL SMOKE RELATED PRODUCTS. AND SO CANNABIS IS ONE OF THOSE SMOKE RELATED PRODUCTS. AND I HAVE TO ADMIT, I'M NOT VERY FAMILIAR WITH THE DISPENSARY, THOSE BUSINESSES. SO IF THERE'S A TYPE OF PRODUCT THAT IS NOT INCLUDED IN THE LISTING THAT YOU ALL ARE AWARE OF, THAT YOU THINK SHOULD BE AWARE OF, OR THAT YOU ALL THINK THAT THE PUBLIC SHOULD BE MADE AWARE OF AND INCLUDED HERE, PLEASE DO LET ME KNOW, BECAUSE THIS IS JUST A DEFINITION THAT I FOUND. BUT I WILL ADMIT I HAVE NOT GONE INTO A SMOKE SHOP TO SEE EXACTLY WHAT TYPES OF PRODUCTS THEY ARE SELLING, BUT THIS IS TYPICALLY WHAT'S INCLUDED. OKAY, I JUST WANT TO MAKE SURE THAT THAT WAS A PART OF IT, BECAUSE WE DO HAVE THOSE POPPING UP ALL OVER THE COUNTY, YOU KNOW, AND EVERYWHERE. SO I WANT TO MAKE SURE THAT THAT IS INCLUDED IN THIS PARTICULAR ORDINANCE BEFORE WE PROCEED. THANK YOU. YES. ALL RIGHT. THANK YOU. SO JUST I JUST HAVE A QUESTION. ENJOYS THAT PUBLIC HAD ASKED AND I TOLD THEM TO COME AND SPEAK, BUT THEY'RE NOT HERE FOR PUBLIC COMMENTS. SO THE EXISTING SAY 19. SO THERE'S NOTHING THAT THE COUNCIL IS DOING WITH THEM. SO THEY'RE KIND OF GRANDFATHERED CORRECT. YES, SIR. SO IT'S JUST THE NEWER ONES THAT'S COMING IN THAT WOULD HAVE TO HAVE A SPECIAL USE PERMIT IF THAT GOES THROUGH THE PLANNING AND ZONING AND THEN COME BACK TO IT. CORRECT. EVEN IF THEY ARE COMING IN FOR A CERTIFICATE OF OCCUPANCY, FOR A SPACE THAT'S ALREADY EXISTING, THIS MORATORIUM WILL ALLOW THE CITY TO BASICALLY GIVE THEM BACK THEIR APPLICATION AND LET THEM KNOW WE HAVE THIS MORATORIUM. WE CANNOT ACCEPT AN APPLICATION FOR THIS TYPE OF USE BASED ON THIS MORATORIUM. OKAY. THANK YOU. I YIELD BACK RECOGNIZING COUNCILMEMBER KRAUSE, YOU YOU ADDRESSED MY QUESTION ABOUT HOW THE ORDINANCE WILL AFFECT THE EXISTING BUSINESSES. SO WITH THEM BEING GRANDFATHERED IN, THIS WILL NOT AFFECT IF, IF THEIR SALES ARE MORE THAN 30%, THIS ORDINANCE IS NOT GOING TO AFFECT THEM AT ALL NOW OR DOWN THE LINE. CORRECT. SO EVEN IF THE ORDINANCE PASSES THE MORATORIUM ORDINANCE, EVEN IF THE ORDINANCE ACTUALLY CHANGING THE REGULATION PASSES EXISTING BUSINESSES, KIND OF LIKE WITH THE GAS STATIONS, EXISTING BUSINESSES WILL REMAIN UNLESS THE CITY GOES THROUGH THE STATE REQUIRED PROCESS TO CEASE OPERATIONS, TO HAVE THEM CEASE OPERATIONS, THEY WILL REMAIN TO OPERATE IN BUSINESS. BUT THIS IS REALLY FOR TO KIND OF STOP THE PROLIFERATION BECAUSE WE'VE SEEN SUCH AS MAYOR PRO TEM MENTIONED, WE'VE SEEN SUCH AN INCREASE IN THE AMOUNT THAT THIS PROCESS REALLY STOPS THE NUMBERS WHERE THEY ARE, AND THEN IT GIVES THE CITY THE OPPORTUNITY TO ADDRESS THE DETRIMENTAL IMPACT, REALLY, ON PUBLIC HEALTH AND SAFETY WITH THESE TYPES OF ESTABLISHMENTS. OKAY. AND THEN I BELIEVE SUGARLAND WENT THROUGH SOMETHING LIKE THIS. IS THAT CORRECT? THEY WENT THROUGH SOME TYPE OF MORE. SUGARLAND PROHIBITED. THEY THEY DID PROHIBIT SMOKE AND VAPE SHOPS IN THEIR COMMUNITY AS WELL. IN 2024. OKAY. YES. OKAY. AND DID ANY OF THE OTHER CITIES PEARLAND AND ROSENBERG. DID THEY DO THE SAME AS AS WELL? OR DO YOU YOU DON'T KNOW I DON'T KNOW IF THEY HAD A MORATORIUM. OKAY. BUT I KNOW THAT FROM 2024, SUGARLAND PROHIBITED OR PROHIBITS SMOKE AND VAPE SHOPS. BUT I DON'T KNOW ABOUT PEARLAND OR OR ROSENBERG. OKAY. THANK YOU, THANK YOU. RECOGNIZE THE MAYOR PRO TEM BROWN. THANK YOU. WITH REGARDS TO THE ORDINANCE, WOULD WE HAVE AN OPPORTUNITY TO MAYBE PUT A CLAUSE IN WHERE IF THE EXISTING SMOKE SHOP, ONCE THEY VACATE THAT, THAT WOULD CEASE THAT BUSINESS IN, IN THAT PARTICULAR LOCATION? THAT IS SOMETHING WE CAN CERTAINLY LOOK AT. YES. OKAY. THANK YOU. YEAH. ALL RIGHT. RECOGNIZING COUNCILMEMBER RILEY THANK YOU. AND THAT WAS ALONG THE LINES OF MY QUESTION AS WELL TO ALSO ADD IN THERE IF THERE'S A BUSINESS NAME CHANGE OR SAY THEY SUBLEASE THAT SPACE OR EVEN TRY TO TRANSFER. SO BUSINESS NAME CHANGE WOULDN'T, WE WOULDN'T BE ABLE TO CEASE A STOP A USE BASED ON A BUSINESS NAME CHANGE. PEOPLE ARE ABLE TO CHANGE THE NAMES OF THEIR BUSINESSES. PEOPLE ARE ABLE TO SELL THEIR BUSINESSES. SO IF AN EXISTING BUSINESS SOLD TO SOMEONE ELSE, WE WOULDN'T BE ABLE TO STOP THAT EITHER. BUT WE COULD CERTAINLY [00:15:03] LOOK AT IF THERE'S AN ABANDONMENT OF THE USE FOR A SPECIFIC PERIOD OF TIME. WE CAN LOOK AT BUILDING INTO THAT, INTO THE ORDINANCE. DOES THAT SAME APPLY TO IF THEY TRANSFER, IF WHEN YOU SAID SELL THE BUSINESS, IF THEY SELL THAT BUSINESS, BUT THEN CHANGE THE NAME, IT'S UNDER NEW OWNERSHIP, A NEW NAME, THEY WOULD STILL THE USE IS THE SAME. SO WE WOULD BE BACK IN KIND OF LAND USE TERRITORY BECAUSE THE USE WOULD BE THE SAME. OKAY. ALL RIGHT. THANK YOU. YES. RECOGNIZING COUNCILMEMBER. YES. WHAT I CAN SEE POSSIBLY THERE BEING SOME CONFUSION IF THIS ORDINANCE GOES THROUGH WITH OUR EXISTING VAPE SHOPS AND SMOKE SHOPS, WILL THERE BE ANY TYPE OF COMMUNICATION TO GO OUT TO THE EXISTING ONES, JUST SO THEY ARE VERY CLEAR AS TO WHAT THE NEW ORDINANCE? I CAN CERTAINLY WORK WITH STAFF TO PREPARE SOMETHING AS IT RELATES TO THE MORATORIUM. THAT ORDINANCE WILL BE ON YOUR AUGUST 4TH AGENDA, SO I CAN CERTAINLY WORK WITH THE TEAM TO GET SOMETHING OUT TO THOSE EXISTING BUSINESSES SO THAT THEY KNOW THAT IT'S NOT AN EDICT FOR THEM TO STOP OPERATING OR SOMETHING LIKE THAT, BUT IT APPLIES TO PEOPLE WHO ARE SUBMITTING APPLICATIONS. RIGHT. THANK YOU. OKAY. ALL RIGHT. IF THERE'S NO FURTHER COMMENTS, WE'LL NOT CLOSE THE PUBLIC HEARING. SO THERE'S NO THERE IF YOU WOULD. WE DIDN'T REALLY OPEN THE PUBLIC HEARING. SO WE CAN OPEN THE PUBLIC HEARING. WE'LL OPEN THE PUBLIC HEARINGS FOR ITEM FOR A CITY SECRETARY. DO WE HAVE ANY ANYONE REQUESTS TO SPEAK? NO, MR. MAYOR, WE DO NOT. WE'LL NOT GO AHEAD AND CLOSE THE PUBLIC HEARING FOR A IS THERE ANY ACTIONS? NO, NO, IT'S JUST A [5. CLOSED EXECUTIVE SESSION] THIS IS WHAT IT IS OKAY. ALL RIGHT. THANK YOU. ITEM NUMBER FIVE CITY MANAGER. CITY MANAGER ITEM ON ITEM NUMBER FIVE. DO WE HAVE THAT ITEM? GIVEN THE FACT THAT WE HAVE TWO COUNCIL MEMBERS OUT, I'D RATHER PUSH THIS UNTIL WE HAVE THE FULL COMPLIMENT SO THAT EVERYONE GETS THE INFORMATION. IF THAT'S POSSIBLE. OKAY, SO THE TIME IS 5:17 P.M. AND THE CITY COUNCIL WILL NOT CLOSE THE CITY COUNCIL SPECIAL * This transcript was compiled from uncorrected Closed Captioning.