A chapter of the Move Weight Foundation
Transcript · 2024-04-16

San Angelo City Council 4-16-24

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[0:00:00] a m on this 16th of April 2024 we will officially call this special joint agenda meeting to order and I will hand it over to Travis to call yours to order get this to work here we go good morning everyone uh we do have a quorum there's four of us I think we're expecting two more but we can proceed okay let's go forward thank you The Joint meeting agenda and I will start by reading items A and B and then I'm going to turn it over to the City attorney for some comments and some direction as it relates to how this meeting will be conducted discussion and possible action on an ordinance amending chapter 12 Planning and Development exhibit a zoning ordinance Article 4 specific use standards section 406 bed and breakfast establishments and short-term rentals regarding approval renewal and revocation of conditional uses authorizing better breakfast and short-term rental establishments as well as revising distance limitations with respect to short-term rentals one for the Planning Commission to consider a recommendation of proposed ordinance amendments to section 406 and two city council first reading and public hearing of an ordinance amending section 406 section B discussion and possible action on an ordinance amending chapter 12 Planning and Development exhibit a a zoning ordinance article 3 use regulation section 313 use table regarding item a above revisions requiring that short-term rental establishments obtain a conditional use only in specified zoning districts one Planning Commission consideration of a recommendation or proposed ordinance amendments to section 313 and two city council first reading and public hearing of an ordinance amending section 313 and again Aaron vet will be presenting the information but first um

[0:02:03] Teresa would you like to make any comments yes ma'am this is kind of a unique meeting and that we have both boards here and both boards are going to take action so the process should be that Aaron's going to do one presentation during that presentation both city council as well as the Planning Commission can ask any questions and ask for clarification as much as you want but when it comes to the actual discussion the Planning Commission should be discussing what their opinion is going to be without the input of council they'll make a decision and then Council will discuss without the input of the Planning Commission and make their decision just to be clear because typically these items go to the Planning Commission first once they make a decision on the item it then comes to City Council on agenda and then we discuss it so that's the same process even though we're doing it all in one meeting today that will be following so we the council will not be making comments as it relates to the initial portion of this meeting we'll leave that in the hands of Travis dribling and the Planning Commission and then we'll move into to the city council and our questions Etc do feel free to ask any questions of Aon while he's presenting though both boards perfect thank you all right Aaron you are on you mayor thank you chair stribling and planning Commissioners uh my name is Aaron Venoy director of planning and development services and I want to just say welcome to the citizens that are here in the in the meeting as well as those that are listening this is our joint meeting to discuss the short-term rental and bed and breakfast ordinance and we want to just start out just very basic but we're going to get into the details very quickly so really we have three options before us today um option A is a no regulations let remove the ordinance option b adopt a full band via the ordinance and we all know the pitfalls that could be there and I'll explain that a little bit further and option C adopt changes for a health for health and safety reasons for our community while promoting the growth of short-term rentals in bed and breakfast as a regulated Community Partnership and I use those terms intently because they are a Community Partnership but we do

[0:04:05] know that we want to regulate them in some manner so the risk of not having an ordinance um we know we have citizens requests for an ordinance um the risks of us not having one is that we're really not listening to our citizens at times and so we want to make sure that we're having an ordinance that listens to our citizens what can be done the short-term rental and bed and breakfast Community have also said regulate us fairly and evenly across the board they don't want pick and choose type of regulations they want something that's level for everybody in the playing field um we do have nuisance regulations we do have hot codes but this zoning ordinance is a land use ordinance that protects the land use of the property and so it goes a little bit beyond just the nuisance and the hot tax of this is a land use item for our community um if we didn't have an ordinance we wouldn't be able to have some kind of buffer particularly in our in our residential areas of single family two family three family and a ranch in the state um and also if we didn't have an ordinance we wouldn't be able to buffer around schools and I know that is a critical item uh for several of the members here the risk of banning them completely um we could just sty growth um we we do have growth because of short-term rentals we have seen that in some of the areas we have seen some revitalization in some of the areas that someone has boughten has bought a property and renovated it and then the neighbors around start renovating some of their properties and it makes a good impact in a neighborhood um if we choose to ban them it could shift stuff out to the etj which is much more difficult to plann for in the future how are we going to grow into that etj um the that extr territorial jurisdiction it has consequences for infrastructure and we all know the cost of infrastructure that's one of our highest items for our community is infrastructure and so

[0:06:08] regulating these we need to be able to do that so that we're protecting our interest in the future so again some more risk of banning them uh obviously short-term rentals and bed breakfast are very critical to our local economy I put Rodeo I think everybody has Rodeo on the mind right now I'm surprised that Tom Thompson didn't say we all needed to wear cowboy hats today tired of tired of okay he did say so and we rejected it we rejected it all right but the rodeo is a key economic factor for our community and short-term rentals and B breakfast are part of that economic Vitality that brings people to our community water water is an attraction in West Texas our community has water we have a river we have lakes so we have things that are attracting people to our community we have Historic downtown we have Fort Concho and other sites around town that that those draws people to our community we have festivals special events then we have the education and medical community that utilizes short-term rentals and bed and breakfast and then another uh risk of banning them is that hotel occupancy tax goes away from those entities that are paying it and all of our short-term rentals in bed and breakfast are required to pay that and so I just want to make sure that's very very clear so communities in our in our state that don't have ordinances I checked in with Tyler they've not had an ordinance but their Community is saying we need an ordinance we have to work on these so they are working on regulations Houston has been that way and then they have started reg working on regulations as well El Paso is also working on an ordinance they've all tried to go without ordinances and they're realizing there's too much conflict we have to set fair uh rules for everyone in our community well can I just make a comment on that yes ma'am well it tells you how complicated the issue is because for Houston and El Paso to be working on

[0:08:11] this ordinance since June of 2023 tells me that it is not a simple thing to regulate and there's lots of opinions about what to do otherwise they wouldn't be 10 months later still trying to figure it out but I also think we should talk about the cities that have created ordinances and some of the complications that have happened or the lawsuits that have happened because of their attempt to regulate yes ma'am that's a great Point um there are several communities in Texas that have been working on regulations or have established regulations one of the the ones that comes to mind is the city of Austin they have had a number of cases that have been challenged in court and have really proceeded in saying all right cities this is how you have to operate there there's been a court case and of course Brandon and Teresa have a lot more information but essentially they said that short-term rental uses are residential uses so they're compatible res residential areas um they are one of the cities that actually kind of has a three- tier system of regulations from if you are the actual owner and live in the home they don't have a lot of regulations if you're kind of a uh I'm going to say Corporation but really if you own multiple homes and you don't you're not the principal that's not your principal home you have to have a buffer distance and then there's those that are just in that are big big properties that have lots of other rules of where you can be and how you can operate all of those things and it seems like Austin Dallas Houston those big cities always get challenged because there's enough constituents to challenge rules that are made and those get filtered down to the other cities and impact how we are able to regulate um in this case short-term rentals and bed and breakfast so there there are some challenges out there to going to that full ban city of Dallas has has tried that and they have an injunction against them saying no you

[0:10:13] cannot Implement that you have to do something different so you can't go no regulations and you can't go completely get rid of them we've got to find somewhere in the middle and I think that's where we have worked as a community to work with staff to work with uh the constituents here as well as Council and Planning Commission to find something that works for our community what works for our community because that's what important to us today so here are some stats as of the 12th um you see that very top line now when we do some research we can find up to 200 at times of short-term rentals and and bed and breakfast offerings in the St Angelo and St Angelo area some of those might be close to the etj or somewhere like that but that's a very significant number so as we kind of look through different weekends throughout the year we average about 150 plus offerings for someone to stay in a short-term rental or Bed and Breakfast that excludes hotels these are bed and breakfast and short-term rentals currently we have 21 active with a conditional use and a certificate of occupancy to operate as a short terminal or men breakfast those are the people that are doing it right those are the people that have gone through the process correctly uh you can see that we have um a number of them in processing which we're saying 28 well there was a an audit um late last year that came out that showed here's people that are paying State hot taxes but they may not be paying local hot taxes we looked into the each property address did not find that they had a a current conditional use they came through they may have done the conditional use process but they have not finalized with the certificate of occupancy and why those numbers and that process is important that's part of the ordinance that we want to modify so it's simpler for our operators and Property Owners to get the process correct because that's one thing we hear

[0:12:17] from that it's a it's a very difficult process if we want them to participate in hot taxes and doing it right we should make a process that's easier and simpler and clear for them to do so and we'll get to that I think the other aspect of that is also from an ordinance perspective and from a code enforcement perspective how do we stay on top of and ensure that they are paying the hot tax money because my greatest concern is are are having the ability to ensure hot tax money is being paid well it's a partnership with us in the short-term rental and bed and breakfast property owners and operators City staff should be checking that anytime they come up for Renewal we've updated our processes where City staff are notifying those groups you're you're about to expire you need to make sure that you provide this information we partner with our finance department who helps um do recording of that information sometimes they'll give us alerts say hey we haven't heard from property a in a while they work sometimes with trying to get audits back from different groups to say all right what's going on but it is a staff-led effort and then we turn that over to our team and code enforcement if there needs to be followup sometimes our legal division Department gets involved particularly with the hot tax item and they are are very strong in enforcement and going after properties that are not paying their hot taxes but if I look and say there's 150 Plus on a day in and day out basis and I add up all those other numbers um they don't come to 150 no they don't and that is the the biggest challenge we have is really finding where these properties are because when you get on one of the websites they don't really give address per se they may give a an area we are working with another group uh the chamber that has some information that's

[0:14:20] working with us to drill down to where exactly those are so that we can do proper enforcement to the right Property Owners the right operators to get them into compliance it is a large staff effort um it is very taxing for us to spend a lot of time on short-term rentals and bed and breakfast but as you look there each one of those represents different things from application fees renewal fees um hot taxes being good participants in our community and making sure that the neighborhoods are safe and so those are all critical things that we should be looking at so I I put this up here to say that we do and as as chairman stribling says we've got some work to do yep we do qu question Aaron um do y' all have a a software package that tracks this uh nicely smoothly for y'all or is it pretty much an Excel spreadsheet somebody's built currently it's an Excel spreadsheet um and then we use our mapping um our GIS mapping to help locate for our community so it is not designed for short-term rental tracking by any means and we are doing the very best we can and we are going to continue to to dedicate ourselves to making sure that our citizens know what's going on out there as well so making an assumption could be erroneous but making an assumption there there likely is or you may have run across uh software that is robust and vigorous and would would be uh of help in in in a in better tracking thus better oversight is that an accurate there there are there are software packages out there that are that help the enforcement and and staff keep clear what's going on as well as our citizens of what's going on that is out there uh we have not brought that forward uh that'd be a discussion maybe in the budget process if that's a consideration but right now we're we're wanting to get the ordinance set so that we have some ground rules for everyone to play by and

[0:16:23] I think it's appropriate to get the the ground work established but I also believe if it's taken that kind of time from our planning staff which we're short on staff and the workload that goes on in the planning department we have to find a way yes to do this because an Excel spreadsheet isn't going to work long term maybe not even short term i' I'd say just from one perspective mine um as you come to us in the budget process and you have a identified something at least present it to us and let us let us look at it okay just one thing to add to that Tommy one of the things the mayor brought up was of course the the lack of Staff we have been short-handed there so you will see as you bring on duties like this that's more and more to try and accommodate putting in the system making sure it's accurate so during that process you may also see some things coming forward from the planning staff that's creative and trying to uh put people in positions that can actually make sure that is input so that may be a sharing of a position between some of Charlie's inspection type needs that were lacking on and a combo of this trying to make combined positions that is more efficient so you'll see that coming forward probably too thank you continue all right so here's where our goals when we started out um and obviously it was to protect the health and safety of neighborhoods um with citizens vision and particularly in emphasis for child safety around school properties that's was one of the Genesis of of Us coming forward with some revisions uh we certainly wanted to streamline the review process and renewal process uh and we believe we've brought forward something that does that but it also provides for continual growth in areas that uh particular are commercial and multif family as well as a regulated growth within our

[0:18:25] residential areas so why we want to modify it uh we talked about these the last time and it's really to me it's establishing a process that effect effectively and fairly applies regulations and standards to this of this zoning ordinance and respects the rights of property owners and the interests of citizens it is a combination of both everybody that owns property has certain rights and we want to not be so oppressive but we also want to regulate so everybody is playing fairly and so that is always a challenge for planners to bring forward but that's what we have before us today so we should talk about private property rights at this point and and Teresa you can add to this but the first thing that was always brought up was but I that's a neighborhood I bought into this neighborhood because it was the neighborhood I liked and I saw and I really enjoy it now my neighborhood's changed and the question mark is who has the biggest right for property PR property rights and that continually will be a challenge because the neighborhood doesn't stay the same forever property rights belong to everyone not just the person who lives there full-time is that correct Teresa this is the whole class in law school just so you know um but basically what the courts are saying is that each individual who owns a property has the right to operate that property or do with that property as they see fit until it imposes basically on their neighbor in such a way that it needs to be regulated by the state so there are competing property rights there's property rights to the person who owns the building who H is wanting to operate the strr there's property rights of the neighbor and the purpose of these regulations always for zoning is to kind of stand in the middle and try to find some Middle Ground to help them both operate effectively while maintaining um

[0:20:27] those property rights the courts Clearly say that there is a right to lease your property and which is why so much of the litigation is going against regulations on Str strs um I don't know if Brandon wants to add anything to that or not but yeah I would just say I think part of what the courts have identified is the struggle for cities um to regulate Str strs in a way and justify why those regulations are needed over and above other Reg regulations like no noise ordinances parking ordinances things like that and so if cities aren't able to justify uh speci specifically why strs are different from your standard residential use then um they've been leaning towards striking those down and I think to add one more thing there are also private property disputes that can occur over property rights people often come to the city and want us to intervene in a situation that's really not ours to intervene in it really is a dispute between that is litigated or handled outside of the purview of the city's responsibility or regulation and those options are always available to property rights to Citizens when they're disputing their own property rights so for example if I um was transferred with my job to move to another city but didn't want to sell my house I would have the ability to lease that house my house for whatever time period And so that would be the same U analysis for sure short-term rental regardless of whether it's for 2 days 29 days or 6 months that's right and go ahead then if you were to longterm leas your house there is not an ordinance for that you could just do that without any over whatsoever correct oh sorry yeah the other thing I wanted to clarify when Aon started this discussion there were three scenarios uh so scenario one no ordinance would would be to show favor to short-term operators scenario two to

[0:22:31] ban them would show favor to the homeowners that are impacted in the neighborhoods by these short-term rentals and option three an ordinance is essentially a compromise it's a meet in-the-middle between those two extreme viewpoints um and I think that's a big part of the reason why he's settled on an ordinance well said so let's get into some of the regulations that we are doing so um as I think I've mentioned before in other meetings that we are removing the reference to required license and instead referring to the required conditional use in certain districts so that is a land use designation a conditional use that land use has conditions to be used a certain way in residential districts of rs1 2 3 and ranchin estate it will require a conditional use they must apply and come before the Planning Commission to get approval we're also um bringing forward that in those same four districts there would be a 500 foot separation between properties from property line to property line the nearest measurement that that is done as well as a 500 foot separation from public schools in that area it's also saying that neither of those distances are variable per the ordinance which means they would not be eligible to go to the zoning Board of adjustment and if the property was $4.95 distance to another property they would not be eligible for variants that is basically a pattern of controlling density in a neighborhood in those rs1 rs2 RS3 and Ranch andate districts the question then of course you say 500 separation feet separation from public schools but what about private schools what about um facilities so I think we need to be very clear and and expand on that public schools CU you're going to talk about child care

[0:24:34] you're going to talk about private schools you're going to talk about church schools right just to be clear the language of the ordinance as it's drafted just says Elementary or secondary school it doesn't have the word public in it we to be clear correct yes so that's our residential districts and you see number three our commercial districts no conditional use is required it would be a basically Allowed by right a land use right in our General commercial our General commercial heavy commercial our office warehouse our office commercial our heavy commercial our light manufacturing and heavy manufacturing on that do we need to add the CBD we do need to make sure that that's in the CBD currently the CBD is exempt from requiring a conditional use but yes that does include the central business district as well thank you for bringing that that's good point very good point Thank you so here are some of the it items that um one and two are things that we have modified one was eliminate requirements that are no longer allowed through court cases that have come up and said okay you cannot limit the outdoor Gatherings if you can have a Christmas party at your house you can't limit the Gatherings at a short-term R Rental um that's the Genesis of that and must be on a road width of at least 30 ft width and pavement uh that was placed in there trying to regulate where some of them could go it's been shown that that's not a good evidence of well if you're allowing houses to be on a road less than 30 ft you should be allowed to have short-term rental in bed and breakfast on a road that um less than 30 ft wide we have clar added and clarified the process and requirements for appeals to city council and shortened the appear appeal period to 15 days instead of 30 days and that is to expedite the process so that the two property owner or the two groups that are there the bed and breakfast and short-term rental operator property owner can have their case heard

[0:26:37] as well as the citizens can have their case heard in front of city council instead of delaying that we want them to make that decision quickly and then we bring that forward to you guys to make decisions and that's if there is an appeal from this the Planning Commission on a conditional use and the last is we actually beefed up our ordinance in this area where we provide provided a revocation of the conditional use process by Planning Commission at the annual renewal process and I'll get to that in just a minute a little bit more but we we currently can revoke conditional uses this puts very specific rules of why we can do it for short-term rentals and bed and breakfast and we think that's very important one for transparency for those property owners and operators that are out there doing shortterm rals and bed and breakfast they need to know the rules and two our Citizens need to know the rules too of these are things that are violations that I need to contact somebody with the city to say this is a violation that's continually happening at property AB you know wherever that property is so that there is a documented case of what's going on so that we really truly have some numbers to see what's happening so in residential they maintain the 500t buffer between short-term rentals they rs1 and ranching estate only allows for one short-term rental and bed and breakfast per property that does not mean multiple structures that means one structure that is allowed to have a short-term rental and a bed and breakfast because their underlying zoning of rs1 and r& are only limited to that they're not it's not rs2 where you could have a duplex that's a different situation um RS3 could be a Triplex um or town homes or things like that but the rs1 one and r& limit those to just one per property and so some of those properties are very large and some of them are smaller but it is just one it's not multiples it's not an accessory

[0:28:40] dwelling in the back that has a short-term rental or a bed and breakfast it's that is not the scenario for those in residential conditional use is required we are changing this to that they would have a permit and an inspection from our building permits currently our fire prevention team is in our ordinance in that capacity and they simply have they are great fire prevention and safety experts they deal with commercial and fire and all kinds of things all the time our building permit staff while they do commercial inspections as well they deal with residential all the time it makes sense that we're not duplicating services and that we're getting the right people in the houses to look for egress and safety with smoke detectors carbon monoxide um making sure 911 addresses posted correctly all of those things and so that's a change that we we need to make because we're getting the right people at the at the right time to go and do that um inspection and then they will have an annual renewal um it will be an administrative process if there are things in the revocation process that are triggered then that would come before Planning Commission um for a hearing to determine whether they can continue with their conditional use it needs to be modified in some way or it needs to be completely revoked so here's that new process so if you're looking left to right and applicant's going to come and apply for a short-term rental uh with planning they are going to check the buffers immediately as soon as they're standing there we're checking the buffers to make sure that the buffers are correct they're going to walk them over and schedule an inspection with building permits they're not going to let them leave with before they go anywhere and then as soon as they have that done with building permits we're taking them over to City Finance to register for hot taxes if they don't have any of those three things done they do not get to go to Planning Commission for a conditional use we are making those requirements before they can get through conditional use as you saw with those numbers before

[0:30:44] we've been letting people get conditional uses but there hasn't been the followup and so this is this is a control mechanism to say if you really want to be a short-term rental or a bed and breakfast we're going to have you do these things first and then we're going to go to planning mission for the conditional use and how are we controlling to make sure everyone's on board with understanding um the 500 ft rule meaning I bought a building you said there was nobody and within 500 fet by the time I went through these processes somebody else bought a building and started the process within that 500 ft we need to make sure we don't get caught up in this process and then we've approved three of them within a week correct and I think there's there's two things there and one is US setting up a process and being diligent inhouse of making sure we have an accurate and correct list and map and two it is a it's a public notice to anyone choosing to buy a property or put a contract on a property they should make sure they know exactly what they're getting into before they make that contract and make it contingent on on getting their conditional use because there could be some reason they may not get their conditional use so they shouldn't assume that they're going to get their conditional use they should be protecting themselves in their interest by doing that my my advice to anyone that was buying a property exclusively for a short-term rental would be to make the contract and purchase contingent on a receiving the approval from the city don't don't buy the house don't close on the purchase of the house until this has been approved that's the foolproof way of of doing it and I think to eron's point it's a there's an education component we we need to get the word out to the to the the Brokers and realtors in our community that uh for those that for f excuse me for

[0:32:46] clients that they're working with uh that want short-term rental properties to advise them to to to maybe make it contingent on the purchase well that's why I want us to make all these public comments because because for people who watch channel 17 or follow this um on YouTube we need to make sure everybody understands that that won't be able to be an excuse going forward right so we need to make clear what they should or should not do well mayor I'd also like to add that just the appeal timelines within this ordinance is 75 days so something can be denied for 75 days and then go to court and however long that process takes then become allowed so it's really difficult for staff to be able to give that answer um and again what Travis said I think is really good advice but there's 75 days in here that we're really just unsure even after one's been denied and and mayor your point is well taken is that we have worked with staff and staff has learned we do not staff can't give approval for short-term rental so we should never say the words you're good you're approved you're ready to move forward our words are you can apply for a short-term rental go through the process and we will see if you're eligible to become a short-term rental that's the best advice what you just said well said so we talked about the revocation process so here are some causes of the revocation of the conditional use for short-term rental and bed and breakfast so the first one's pretty strong um and these are major violations basically citations or criminal complaints of the owner the operator or any occupant so when City staff go back and look on a biannual basis two times a year has there been any criminal activity at that property that's attributable to the owner the operator or an occupant during that time minor complaints of nuisances which are those of those trash High grass and weeds noise Etc we also do that twice a

[0:34:51] year are there anything things that have been verified that those were issues that weren't resolved maybe they resolve Ed in a a citation from code enforcement or something like that but you know what is going on there is that we have documented proof that something has happened then failure to timely report Hotel occupancy taxes we are checking those with our finance department uh we're going to be doing that quarterly uh that we're checking with them to see if our our list is matching are they paying now there may be a reason why they didn't and that's for us to contact the operator or the property owner to say did you convert it to a long-term rental did you you know what did you do why are you not paying hot taxes and then you see the very next one kind of coincides with that is no hot taxes submitted for more than two quarters during any 12month period so if they've really converted over to a long-term rental then they're not a short-term rental anymore they need to come off of the list and that would be a reason to go before the Planning Commission at the revocation process and say are you going to be a short-term rental because if you're not then we need to pull you off the list because that buffer impacts other properties we don't want just somebody static there not being a short-term rental operator or Bed and Breakfast operator they need to be able to have that right for everyone if you're not going to operate then we just need to let you be a a long-term renter or whatever you're choosing to be at that time and then failure of safety inspection so when our team goes out and does that annual inspection from building permits did they fail something that was significant that they can't fix repair whatever it may be did they did they fail significantly that would be a reason to bring forward to Planning Commission some revocation cause of that conditional use a few others an endanger to the public health safety and Welfare have they had a sewer leak for a very long time that they have not taken care of so they've got raw sewage on the ground have they've got uh mice and Vermin um you know is do they really have

[0:36:55] significant health and safety and Welfare ISS isues the property is unsafe it's a dangerous building that they have not maintained that's a reason to revoke uh failure to keep a local operator information um to the city and the site so that the site itself wherever the short-term rental is that local operator information there as well as keeping the city staff up to date and I'll tell you why that's important in just a moment um well obviously I think you all know why it's important city staff has the right information someone calls in says who's that operated for that area we give that information so that they are able to contact them and say Here's the issues uh it is required in the ordinance for us to still send that information out to the local uh area so that they know when this property's becoming a short-term rental or bed and breakfast they know who the local operator is and then failure to respond to related emergencies operational concerns or complaints from the public if those operators or Property Owners choose to not respond that could be a reason for us to bring forward uh for revocation they can explain it uh in front of the Planning Commission and then they may have a very difficult decision to make but at least it's giving a a process to those other property owners as well as a short-term rental and bed and breakfast Property Owners a venue to talk about what the issues are and say can I continue or can I not so the commercials are are are fairly straightforward um but I don't want to just skim over them like they're straightforward and and if you have questions I say we certainly discuss them commercial districts in multif family rm1 and rm2 that the short-term rental and BN Brees are allowed without a conditional use they would be allowed by right if their change if their standard occupancy needed to change they would have to apply if it's still going to be a residential use say if it's a residential structure

[0:38:58] in a commercial area for some reason and maybe they've got a conditional use or Allowed by right to have that residential structure and it has a residential occupancy nothing more would need to be to be done except for the permit and inspection to go out and look at it if it was a commercial building and they wanted to change to a residential type they would have to do a change of occupancy and then that brings um fire prevention in those those groups that kind of look at those things in the commercial area short-term rentals and bnbs the density is different they can have more on one lot depending on the density for that zoning district and they can be adjacent to each other there is no separation distance so that's kind of the main thing on the commercial and the rm1 and rm2 go back to that am yes ma'am so number four can be multiple Str strs or BNB properties on adjacent Lots or same lot no distance requirement give me an example of that so we're talking about commercial yes ma'am so if you're let's say you're along chadburn maybe North chadburn and there are some residential style houses there but they happen to be in a commercial district and someone chose to buy all three they could run a short-term rental adjacent to each other or if you have a very large l lot uh and the density allowed it you could have multiple structures on one lot that could all be individual short-term rentals to rent out under like one company uh we've seen that in a number of cities where particularly on the outside think about Fredericksburg where they have multiple short-term rentals on one lot um that would be the scenario but we'd only allow it in our our commercial districts they still have density regulations they still have set back regulations and things like that but it's in a commercial District so the

[0:41:01] density can be higher okay thank you another common occurrence in larger markets is apartment complexes that'll dedicate a handful of units for short-term rental yeah furnish them the one the biggest difference in a in a regular apartment complex and a short-term rental is that short-term rentals are furnished yes yes okay so now we're going to go through some maps um this is a very big and busy map there's lots of colors on there but essentially the green colors are commercial districts and the rm1 and rm2 districts the pink areas are our residential districts in RNE and you can see and as mayor printed uh pointed out earlier we are a community of neighborhoods uh we have significant neighborhoods hoods and we cherish our neighborhoods in our community and I think that's a great thing and so you see the commercial is is really just accessory to our neighborhoods in our community um all the little dots there's there's a legend at the bottom but I think we're going to drill down just a little bit deeper so that we can really understand what all those things mean so here's just one neighborhood out in Lake nasworthy these are showing short-term rentals with the 500 foot buffer if you just happen to look at the in in nasworthy you'll see there are two of them that are very close their buffers overlap one of those properties established and then the other one was granted a variance and established this ordinance would not penalize them unless they became non-compliant and their conditional use was revoked then one of them may not be able to go back so I want to make that very clear and so if you're currently operating you are going to be legal but you got to keep operating correctly or

[0:43:04] you become illegal for lack of better term and could have your conditional use revoked this is the Santa Rita area as you can see Santa Rita and Lake nasworthy are two of our hotpots not with just with compliant Str strs in bed and breakfast but with non-compliant Str strs in bed and breakfast and so those two neighborhoods are going to be impacted by this ordinance um and so you can see there's some of those that have receive variances in that area where the overlapping uh are but you start filling that in with circles it's going to get uh pretty dense pretty quickly but that's kind of the point of the buffer is to limit the density in our residential areas so those in Santa Rita for example there's obviously two areas where they overlap were those approved before the 500 feet rule went into play they were given variances to the 500 ft to become compliant uh in those areas I think if I remember one was like 487 ft or something so yeah so you can see that the the buffer zone gets very very close to some of the actual property lines so all because the buffer zone overlaps it's the property line to property line for that 500 ft and so that that's the real key there so here's some of the school impacts so we we just tried to pair this down we still got the the green and the pink that talks about our two zoning District but the red are short-term rentals with the 500 foot and then the blue are schools that have 500 feet and so you can see that say Lake View you don't see any short-term rentals that are currently on our our active list but there's a number of school

[0:45:07] properties up there both public private I mean just just schools um and then as you see through our our downtown area even down nicker uh down Sherwood Way all of those areas there's schools in our community so I've got a few more drilled in areas um that will discuss where there's some kind of conflicts maybe so this is along Sherwood way you can see the blue uh our schools and you can see where our short-term rentals currently are right now there's no there's no impact um but you do see that the school some of them on the edge of they're kind of that dividing line between commercial and residential um and I just show this as y for an example of how the school buffer can impact some neighborhoods so that's the reason to to show this this is uh further down just north of nicker uh there's a big school sports complex which also has a middle school and Elementary School campus uh and there's those that would be that close right now and then these are the downtown school campus um you can see the green is our downtown district you can see there's it's very difficult to see but there are some red rectangles on there uh we don't have the buffer on them because they are in the commercial area but you do see that large pink area between all of the um schools school campuses I should say that is uh our Medical District or Shannon Medical District that has a plan development so it it shows up just a different color I show this one to say if we have a buffer in around schools in some of our commercial areas it is going to com impact the rest of

[0:47:10] that commercial area and so I I think that is a challenge for us when I believe we would all agree that if a property came in and wanted to build a hotel or convert one of the buildings to a hotel we would allow that where a short-term rental right now if it's within that 500t buffer of a school in the downtown area we would say no so I think that's an item for discussion consideration of how do we want to look at that because I think that is that is the the challenge we have with buffers around schools in commercial areas our neighborhood schools that are in residential I I think it makes complete sense in our commercial areas we might have to make some decisions there how is that addressed rest in the ordinance that you're proposing right now it would say that the schools in commercial areas do not do not have a buffer okay but I want to make sure that's very clear if we need to have a buffer so the 500 foot separation between other Str strs and schools only applies to the residential zoning districts that is how it is written currently yes okay thank you ready to move on go ahead is that property or building sorry that's a great clarification the way we have it written is wherever the the children or youth will be on the campus so there's sometimes there's athletic fields involved but it's really based on what's the structure is there a gymnasium is there a band hall is there are these other accessory buildings some of the some of the properties and I'm going to go make if I can get it to go back the right way to this one and if you look right down there by the railroad south of the loop and you see that large Blue that is uh the school that's down there that owns a very large piece of property this

[0:49:14] and it's that's Lamar uh there is an Str Str that's very close now most of that property is not built out and so we would say it's where the the buildings end we would have that buffer from around that school from where the buildings end now saisd may have future plans for that property and may choose to build on it so it may change our buffers over time but that's something we'll have to be flexible with to to work that out and Aaron just to clarify we also have in here a finc area around at schools so yes if that's something so as many of youall know the school the state required schools to start fencing their campuses in certain ways and so we're working with sisd and other school districts to um see where their fences are going to go so we have that proper boundary for us um so that we know what that is Tommy did you have a question I don't want to get us way off track but this is sticking in my mind I watched one of the Planning Commission meetings a couple of months ago and um I think this specific problem may be addressed because I think the it was in the central business district but it it still raises a question for me you you mentioned earlier that sometimes uh or maybe more often than not when somebody uh buys a property and once turned into an Str Str it helps others in the neighborhood to do some things to their to spruce up their property is any consideration given in here in the zoning districts rs1 rs2 RS3 where you can have Str strs but by conditional use you they they're allowed there that if there's an area that it would help the area if somebody were a to be able to buy three or four

[0:51:16] properties which were much closer together than 500 ft but it would help Revitalize the area is there any consideration like given to something like that in the ordin well I think we're very specific in our ordinance about rs1 rs2 RS3 and ranch and estate those all require conditional use and have the boundaries now in our other areas that are commercial in nature and that includes the rm1 and the rm2 now rm2 uh that's usually what you would consider maybe uh three-story and up apartment complexes rm1 is what we call lowrise multif family however it has a wide variety of structure types all the way from single family to duplex to town homes and so you'll see in some neighborhoods there are rm1 designations what I would suggest is that if someone wanted to redevelop an area that we would look at our our zoning land use codes and decide what makes sense for that area we know our Central business district is a mix of commercial and residential it allows those things and so short-term rentals and bed and breakfast would be allowed by right and it doesn't put a cap on density and so maybe if it's close to our Central business district that makes sense if it's closer to one of the neighborhood areas but also adjacent to commercial maybe rm1 makes more sense for that for that area so you would then work with the um applicant um possibly suggesting a zone change to accommodate um an Str Str that in fact may help Revitalize the area yes that is true okay and we would look at our comprehensive plan and our zoning ordinance to see how does that fit in with that that area okay thanks yes Tom so picking back Inon or piggy back in on what Tommy just said there are some streets where I think people would

[0:53:21] like to have multiple Str strs all right and I have seen that and a couple in the north side North chadburn type they would love to have two or three I get it everybody loves an an Str Str when you need one you don't know if you want one when it's next door okay I'm just we all get that it's it's something we hate to talk about but that's it's just the way it is but there's lots of us that look at that as potential ways to make property what I would wonder if it would make sense is if somebody was wave that if they own the adjacent St Str if you waved the 500t rule and said I'm going to buy I have an Str Str here and I would like to have another Str Str in that neighborhood could I get the adjacent one and therefore wave that fee I've got two together you would drive up the value of the one say I'm there and I don't like the Str Str beside me but I want to move if it was available as an Str Str that would certainly go the pricing would improve the property I don't know if that's anything you want to look at but as I look at what people want to do in the future and the growth of Str strs sometimes when they're adjacent and I'll I'll rent one in San Anton I've got one in Long View you you see the rules but you talk to people and they're like well I have three in this area it's great if the the closer they are the better yeah don't know if that's a rabbit hole we want to chase now but I don't think it would damage adjacent property if somebody was not happy with it they could sell the property to the adjacent St Str get rid of the problem and probably get increased value for their own that's that's my one question there um well could you ask for conditional use plan development could you go to for to the Planning Commission or to the zoning board and ask for that I see Teresa grabbed her mic so I'm going to let her answer first always defaults to an attorney all right somewhere attorne my Brandon touched his mic too his is also on green oh now we got two I would say as we've worded it right now no I mean we've said

[0:55:24] that um those buffers aren't variable the way it's been working that's how it's written but I mean is it possible to do that sure and I think I think I think the concern I'd have about applying that Citywide is that that that might impact areas where there's a lot of pressure and objection already um and perhaps the the better way to tackle this comprehensively is to look at maybe different Zoning for some of the areas different residential zoning um where you remove the 500 foot requirement and have the same density classifications that we've got with our current zoning but it allows the Absol that's why I take it out of my wheelhouse and throw it back in y'all I mean y'all are put there and appointed there because you have a better understanding right as a group and y'all deal with that all the time and I appreciate that and I I applaud y'all for that but it's it's something that I look at and as as we as Aaron brought up earlier during the rodeo I have I know contractors that are staying on N vrbos yes because of their adjacency to each other some are in a commercial property that work and other one's x 500 or 800 ft away but there are people that would love to develop some of that I get that so while I have the mic I don't want to turn this one up um I have a couple questions here I have seen people approach homeowners ERS and say I want to leasee your property and I'm going to run it as a VRBO the city of Stan Angelo can't keep track of it you're the owner I'm the leasy and I'm going to run it as a VRBO and and I think those people have made word that it's it's um difficult for them to track me I'd like for you to have a focus on running those down and I think you probably need to have a more severe penalty if somebody doesn't request the conditional use and me make it a severe penalty y if you're

[0:57:28] out there knowing that you have one of these and you're skirting around the edge of it if you're and I think I discussed this with Teresa once on a phone call if you're the one that should be requesting that you know change and you haven't you need to lower the hammer on okay I don't like people running around bragging about you know hey we made a a fool of the city or planning because we're sneaking around the sidelines but to me that's something where you need to go get them and you need to encourage people that are skirting around you know what I need to get on a list and get down there Y and agree with you 100% I will back you I'll have your back on that one if you pursue that if somebody calls I mean if you're breaking the law and you know you're breaking the law you need to come in and fix it right all right I'm good any other questions from Council at this point I I told you I didn't want to go down the rabbit hole sorry we went down the rabbit hole got it got it no it's great discussion U especially for our citizens to have well if you own three of those lots that you're talking about couldn't you um apply and ask that it become one lot instead of three individual and then you would then be able to do what you just said by just changing but there's only there are some some mechanisms to go through to combine Lots um zone change there are some mechanisms out there um maybe they're I wouldn't say arduous but they are there in purpose so that we correctly investigate does this really need to be that way uh I do think it is part of our neighborhood V uh revitalization at some point how do we allow this maybe in future areas but I think that comes back to what does our comprehensive plan say of our land use what does our zoning ordinance say about our land use and how does it impact these areas for the long term and so I think that's a bigger discussion than what we're trying to to today so this map

[0:59:31] um simply shows a couple of different areas on the right side where it says Cobrin and prizer that is rs2 residential so you must have a conditional use there and you must have a separation distance in the yellow and green areas that's rm1 and Commercial I tried to make it a little light so you can see that several in the rm1 are single family structure style homes and it just happens to be their zoned rm1 so in that area there is no buffer for the 500 ft so someone could uh as councilman Thompson mentioned they may own three or four of those lots they could develop that area now this is just east of downtown just past IM and so that kind of makes sense because you're close to the medical Center you're close to downtown you're close to chadburn and and Maine and could get anywhere in town and maybe that's how we look at that for those folks that want to develop areas and I think we would all say that this is an area we want to continue to redevelop in certain ways um we do have one active short-term rental there as of right now this is an area uh off of North chadburn you can see the property outlined in red uh it's a very large property our current ordinance prevents him from placing or building more structures on that lot because we have a rule right now you can't have more than 500 you have you have to have more than 500 feet and in this lot uh he wants to continue to add some structures to have more short-term rentals it's a an important part of our town up there at Grape Creek and chadburn we all know that that's close to the Coliseum and most weekends we have activities at the Coliseum and on the the per the grounds up there so he has done very very well his property just to the north the four

[1:01:34] um 47 can only be used right now as a residential use well he would like to use both of them as short-term rentals our ordinance would allow that that's giving more flexibility for our um short-term rental property owners and operators to have some areas that they can improve the density and continue to use structures that are there existing that they don't have to come in and completely renovate something this is a big slide for me and this is the education of our short-term rental and bed and breakfast delegation uh regulations excuse me so from this day moving forward if we continue to adopt this ordinance or keep our current ordinance all Str Str owners operators citizens staff should know if you want to operate one there are rules and Regulation and come to the city plain and simple come to the city and we will get you through the process if you don't then you're going to be in violation of something potentially and that's probably bad so we want to create and we are working on creating some updated materials for this ordinance we've heard from our uh planning Commissioners as well as citizens of it needs to be clear on application forms what's required when it's required how the process is going to go um we want to maintain and work on a actual website part of the city's website that is for Citizens and for Str and BNB Property Owners so that they know the location of an sbnb they have the contact information of the local operator they have the date of the approval of the conditional use or the renewal how to make a minor complaint which those are those kind of nuisance complaints and then when to call sapd for criminal activity how do we streamline this how do we educate our community not just the operators and owners but citizens alike here's your

[1:03:37] ways to contact the city to resolve an issue with a short-term rental and bed and breakfast um I I think myself has have we need to grow in this area for our staff we need to make an effort uh as staff to get this done it does take time and effort but it is clear from our community and from our leadership that this is important and so we want to make sure that y'all hear that we're want to dedicate ourselves to making it important to our community so today speaking of that yes ma' so we say if you didn't get approval and you have operated and we find out that you have operated what's the fine I'm going to look at Brandon to make sure I say this correctly if it's a nuisance type item that's probably going to go under our nuisance codes and could be a citation up to $500 if it's a health and safety and Welfare issue it could be up to 2,000 is that correct Brandon that's correct okay now the hot taxes have their separate because that's a tax item and I might let Brandon speak to that a little bit better than I could yeah so for if they're not paying hot taxes there's um number one you could do a citation that would be the $500 up to $500 uh two there's a penalty provision which is a onetime 15% penalty on the amount owed and then um there's also interest that gets taxed onto that um that's continuous and that's up to 12% so clarification just for clarification can you guys what what is the local hotel occupancy tax rate I it's 7% yes it's 7% the state is 6% okay 6% to the state correct thank you I want to make one addition to the Penalty provision that

[1:05:40] um violations of the zoning ordinance can be up to $2,000 per day as a fine so not having a conditional use we could probably go under that and have a higher fine then if it's just a noise violation or some other sort of violation like that $2,000 is that per day or is that per violation well it's per day but whether or not that's actually what will come out on the back end of the process by the time they go through Municipal Court is you know not within our control but we can issue a citation every day for a violation you want a report yeah [Laughter] well let me get to my recommendation so our recommendation from from staff to Planning Commission this morning and to city council is adoption of the revisions of section 406 and section 3113 of the city of St Angelo's zoning ordinance for a second hearing to be heard on May the 7th and we're also asking that you support us in our public education of these changes and that you also support us in the field enforcement and hot taxes and that's that's not asking for dollars of anything just that when our team goes to do these things it's very challenging for them and we're just asking for support for that team to say all right they did clearly have a violation we've spoken about the rules we've talked about them and we we need to do things to to make sure everybody's playing by the same rules we have local operators and property owners that are doing it right we have out of town property owners and uh operators that are doing it right everybody should be doing doing it correctly and that's that's our big thing that we want to push across today and to make this a simpler process any other questions for staff Lucy does Erin I just have a quick question this ordinance is it going to interfere with anyone that already has an Str Str

[1:07:43] or no it will not it will not change their statuses uh they will be in compliance um what would change is if they became out of compliance because of their failure to renew or to follow the rules okay thank you very much I want to clarify that um are are you referring only to those that have been approved by the city or that is correct those that are because we know that we have a lot that are not operating legally that have not contacted the city in any matter form or way they're they're they're not they're not Exempted from this ordinance that is correct chairman that is a great point to make that uh councilwoman Gonzalez that these are ones that have gone through the process obtained their conditional use kept up their renewals been paying their hot taxes and doing it correctly they will not see changes those that have not done those things this will be a new ordinance for them and they must follow the rules got it thank you may yes Harry just a couple of real quick comments first of all I want to say thank you and that was a very very good presentation a lot of work went into it so I know you and your staff would say that also want to say this and and we're getting ready to start talking about budgets for this next year and I'll say this publicly I didn't think I was going to be able to talk during this time but say this publicly I want to make sure that we support whatever it takes for additional Staffing and software to make sure that we make this so that every citizen has an opportunity but for those that are not complying today we hit them with as Mr Thompson said a big hammer uh $2,000 a day could uh with as many out there that are operating in non-compliance could help us in a lot of areas so that's what I want to say thank you and and and do we need an approval here or down there the

[1:09:48] commission has to go Planning Commission goes first they have to recommend to us well I do just want to say before you all start discussion uh or if you open up for public comment so that everybody can have public comment I I do want to just say there was a very large staff effort um I just want to point out Ray Lineberry and Brandon Dyson uh they did a great job of working together getting the basics down and then there was lots of volunteers uh with different groups having input and say and so I think this has been a group effort um I just happen to be the one gets to stand up here and speak about it but it's all the people behind the scenes that really made this happen today to get it to this point so I thank them very very much great so we should also call the public hearing at this point before Planning Commission starts their discussion okay so the floor is open for public comment um if you will do the normal come forward say your name the district you live in and your comments are limited to three minutes okay hi I'm Jesse um I'm I don't know what uh Zone it is McMillan um I'm uh on Bird Street it's over by Old Fort Concho I guess technically now I'm in the commercial zoning so the 500 foot doesn't necessarily apply to me but when it comes to other properties I have been wanting to buy multiple properties and have them close together kind of how they were stating before whenever me and my family go out of town we'll get several properties close to each other so we can all stay together um so in that kind of aspect it makes it really nice whenever everyone goes out but everything else when it comes to the airbnbs sorry sorry it's okay you want to finish uh no I'm good well your point is the same as what Tom Thompson brought up and and the discussion we had concerning that so there are ways to accomplish it and in that specific case

[1:11:51] uh the the gentleman came came through a couple of months ago uh for the for the short-term rental that he's got that that property is located just north of Fort Concho uh and just east of the museum um it's an area that I think was probably uh suitable for CBD zoning um and if the zoning was changed it would allow for multiple units within that area just something to think about well I think what we want to do is take note of that and look at that I mean I think this is the opportunity to bring up issues that broader issues yeah yes Ma and so I think it's appropriate and I think it should be noted and looked at thank you where that gentleman's um Str Str is located there is um two-story uh apartment complexes surrounding there as well too so having that rezone was and that that specific neighborhood does need some attention you know there's homes that have either sat vacant for extremely long time or um have just become distressed properties due to lack of funds to fix those so having some um additional tax revenue coming in in that neighborhood I think is very benal thank you further public comment please come forward I'm Jerry Lancaster we own the property at 2250 Joy Road and I wanted to make a comment about operating without a a permit because the house directly next door to us at 2246 has been operating since the 8th March 8th without a permit without a before a hearing was able to be had and the it was approved by planning and zoning and we have appealed it to the full city council they're still it's been rented every day practically since

[1:13:55] March the 8th and then I wanted to ask one question is there any thing where you're planning to reduce the 500 feet to 200 feet or is is that this is what the ordinance says 500 ft yeah I want to see it left there's no consideration for 200 okay good I want to then I want to address that the and then I I would like to propose one additional rule uh in on Joy Ro our our properties are very close together and very narrow and they get even more narrow as you get close to the water and I would like to see you Institute a rule that would not allow short-term rentals on property that's less than 60 ft wide um because ours like the 20 2246 uh Joy Road is only 43 ft wide and ours is 56 feet wide and the many of them close to the water are very narrow making it much invade your privacy with um restricting the lot size um that then will affect um not only Town Homes it will affect condos it will affect um zero lot line properties as well so I believe that would be a very hard rule to put forward in effect because you are now impacting the entire city not just L property you couldn't make it specified lake property where this time to make comments not to have dialogue so do you have another comment no no that's all thank you thank you my name is Tim White uh I'm here on behalf of my daughter Shelby uh Monty uh I was here five months ago and I went through the process I did everything by the book I came to

[1:15:59] you guys you told me I didn't have to be at that first council meeting at the planning meeting so I wasn't able to attend you denied my approval then you you approved the one 300 ft down the street from me that has more opposition has less parking has closer uh to their neighbors than I am but you've disapproved me all of you almost unanimously only miss Gonzalez voted with me I want to know why that one was this one was approved recently and mine was disapproved I on a on amount of fairness alone I should be able to operate because I went by the rules I put in an application I haven't been operating one illegally we spent $60,000 renovating and making sure that would follow safety guidelines only only question we had was could we asphalt our front um parking lot and we said yes we'd do whatever we had to but you all voted against me yet the planning committee allows this one to go and now it's within to add insult to injury it's within 300 ft of my place so I can't even apply for another one so are you discriminating against my daughter who who who also doesn't live here in town but she's from San Angelo and our our property manager is less than five miles from this property it's seems to me that this is not fair it's not just and you guys are not acting um in a fair way for people who live on Joy Road this one's right in the middle so there'd be no other way for another person to have an Str STR on Joy Road Lake property should be um treated differently because it's recreational most of the people who are out Mr Lancaster doesn't even live there fulltime my neighbor doesn't live there fulltime so we should have record recreational property it should be a recreational use that maybe we could wave this 500 foot but the thing that irritates me the most is that you

[1:18:04] approved one five months after you denied me and our family yes sir and everybody on this board voted against it yet there's no opposition from the board on the new one except for you Mr Gonzalez you voted with us I believe in free markets I Believe In fairness it can't be one we're either all the same are we're are we're are somebody's getting favorites I want to know why this one got a favoritism and I didn't we're not M again this for comments and not questions at this point but thank you and can we change that rule for the lake for properties that are recreational primarily not residential they those people don't live out there all the time not all of them thank you for your comments and that will be noted and uh we'll decide what to do with your comments as well as everybody else's comments today so it will be taken into consideration uh good morning my name is Steve Hammer I live on Fisherman's Road 2310 uh and have have so for many years I have two comments the first one is I think uh uh the presentation this morning was excellent I hope it seems to me that all of the gaps will soon be filled in but as a listener I think a big gap that has yet to be filled in is how the monitoring is going to go since we know we don't have in place how to monitor effectively from this point on it seems to me like we ought to start there before we do anything else or else we're chasing our tail like we are right now the second thing is 2346 is that right they're in violation right now the

[1:20:08] trash has not been dumped for 2 weeks there is no posting that says if you have a question comment need to contact somebody none of that information is available and according to the current rules it should be posted at that site and it's not right now so everybody else pulls out their trash per the agreement from Republic right but that's not being done there thank you thank you for the information thank you sir more public comment uh Jamal shumer single member district 2 um I was listening to the conversation and I got a little worried when you start talking about the low-income areas in the north particularly because I think changing the zone so that Realtors or property owners could fix up those properties that they're going to buy and short-term rent would would cause a chaotic uh View for the average person if we're looking at the map and we're seeing this is on Commercial this is on residential in the middle of a street it'll be rezone commercial or planned neighborhood just so those three short-term rentals could be fixed up uh and then what happens after we had to go back to the zoning board or go back to the Planning Commission and get the Zone changed uh if those short-term rentals was changed over to a different Zone from the residential Zone furthermore it it seems a little predatory that y'all would Target the north side of town to fix up multiple residences and turn them into short-term rentals they actually need places to live and you're taking it away from there so I'm not I'm

[1:22:12] not sure if that that would be a good decision to change the zone so that you can fix up the house in shortterm renting thank you thank you thank you sir further public comment see no one else come forward we will end the public comment portion of this joint agenda and I'll turn it over to Travis okay uh thank you um so I've got a couple of things that I I wanted to share with you guys the first I want to address some of the the questions and concerns that were raised by the public uh Mr Hammer talked about the monitoring and enforcement process and uh I know some of you have talked about that importance uh I I think that that's of critical importance uh going forward um if if we have an ordinance we have to enforce it um and we've seen the problems from not enforcing it uh today um and so I I know touched on uh some of the changes I was hoping that he might be able to elaborate a little bit on uh what the what the staff might be doing uh that's different uh in terms of enforcement well in terms of enforcement we're working with um our HR department um my assistant director and building official Charlie km and I have been working on an organizational chart plan for the planning and development services department uh currently we have two vacant FTE positions there we are going to ask to kind of reclassify one of those positions as a Frontline employee that will help with compliance issues particularly with short-term rentals and then building code compliance issues um we will have to get that approved and everything first but

[1:24:15] that is one of our tactics of trying to get more people on the front line to help us with this uh we are going to be working through um with our planning staff they have been very diligent I would say in the last 6 months of of keeping track of our short-term rentals we're training them to update our Maps so that our Maps will be updated very quickly um which is a a great new process for them and then it's continually being diligent and and caring about our community and I think that's the other thing that we're teaching with our staff but we want to go through and do the process correctly we want to be able to verify violations we're still going to rely on our code enforcement team to help us with nuisances uh and with our sapd team with criminal activity and it is a collective effort from the enforcement side to your point Travis as you know I think that's one of the biggest issues and what I would say to Aaron is the following do cities have software that they're using today is there some City that we say has a great process for enforcement monitoring and is it software and if it is and we like it we don't have to wait for the budget session you bring up forward we can get it approved we've got the money to do it we can get that done so if you got one if you've got something that you think is the right thing now let's move forward because we're dealing with the ordinance now let's do with the enforcement at the same point in time as closely tied together as possible the other thing I want to talk about uh as it relates to Staffing that's obviously there's a cost associated with that there's also Revenue that can be generated by enforcing this ordinance so uh Aon touched on fees uh there would be a an application fee and a renewal fee that would be paid every year that is correct so that's a a sizable source of income

[1:26:20] um fines and penalties uh there's been talk about a $2,000 a day fine for for operators that are not in compliance uh and that we've also got the the tax penalties associated with that and then Hotel occupancy tax revenue guys this could be substantial it could be hundreds of thousands of dollars that are not being collected um and if we have someone that's dedicated to enforcing this ordinance within the planning and and building department uh it'd be great to get that r revenue and and put it to work uh for the benefit of our community our code enforcement people are already taxed to the end degree I mean I don't know how many more issues we can put on their plate and that's the reason why I think this software if it's available and someone's using it it's a priority right well I I guess I'm hoping that part of the enforcement can be handled within the planning department and I know that there's probably work with other departments like codee compliance and legal to to send notices out for violations and things but to me it would be it would be best and and most beneficial uh to have someone within the planning department that's dedicated to enforcing this ordinance and I think the revenues alone would support that position and probably more um the the other comment I had uh Mr Shumpert uh raised concerns about rezoning uh areas of the community and uh and attracting short-term rental investment uh into maybe some of our blighted areas that that is not part of our discussion today with this ordinance that that may be something that we consider or discuss down the road but that is I I want to clarify that with with with Aaron that's not in today's ordinance correct that is correct that is it is not changing any land use designations that are currently

[1:28:23] out out there at all okay thank you uh does anyone else excuse me on the Planning Commission have thoughts that they would like to share are are we changing the time of renewal or is it just whenever they're approved a year from then the apologize in the ordinance it is to change to a one unified once a year renewal process that streamlines it for City staff as well as operators so that we don't have numerous ones coming through people can apply every month to to get a conditional use and go to Planning Commission but the renewal is annually in our current ordinance it is suggested that that annual um uh time will take place January 2026 and I know that's a significant time from now but that means there's a little bit of Grace in there for operators to get moving but it's as soon as this is enacted they would have to follow the new rules and so the buffers would Bea 25 26 in the ordinance it says 26 right now it was changed to to much time I mean I asked the question that's two years the other option is as this moves forward um I have also thought about what about the uh June 2025 time frame as this would come forward in May for a second hearing and maybe that gives us a full year at that point um I would say that is something we can change in the ordinance if that is something to look at for the next reading well the Planning Commission would need to consider that first and then take action on it before we can but I think two years is too much okay with that being said too for instance if somebody got approval in December are they going to be renewing in January or would it be the following January so if they re if they came and got a conditional use during the year

[1:30:30] they would renew the same time they would renew with everyone else so even though they might only they only get one month but that's a strategic thing for them of determining based on the buffers things like that when they come and talk to the city what is their best path forward okay anyone else have thoughts they'd like to share when we did the original audit a few months back um to to attempt to bring some of the non-compliant Str strs into compliance do we know how many actually fulfilled their Duty we as our current number sits I think we're about 55 I would say 30 of those came into compliance since and we still have at least 30 or more from the initial one that have not come into compliance and then we know there are other groups or other lists out there that we have not contacted for compliance which is going to be our next step so on the 29 that have no cosos we know that they are not operating or we're kind of un we have not found proof that they're operating but that does not definitively mean they're not operating it's it's a we have to have proof one way or the other but we are in process of contacting them letting them know their time is running short that this ordinance could be passed and they may have to start all the way over Cy you got any thoughts um protecting land rights property rights is a is a big issue with anything such as uh Str strs um we've gone over so many of the the um uh original um short-term rental um documents that was done several years

[1:32:32] ago and uh one of the big things was the 500 ft a lot of discussion on making changes not making changes we've left it the same in the recommendations and um um I don't know that that's the big deterrent I think that our big issue is the compliance and um education I don't think that our community understands um what their responsibilities are if they want to purchase a property uh Realtors don't have any idea about all of the ins and outs of short-term rental they're uh they sell a house and um and U one of the things that they're not putting I think is we heard uh is a condition in a contract to um have the short-term rental approval well that takes some time um so we education is a must to all those involved um we've got to make a little more effort in seeing that the public understands that we have regulations we have uh process and procedures we have expectations there is a tax to be paid on this a lot of them don't understand that they they have to pay the hot tax so I think education is one of our big uh issues uh in a lot of areas that would be my comment Aon on the notices that are mailed to the public um when there's a uh proposed Str Str going in a neighborhood is there currently a link to the city's website that breaks down all of the guidelines that the Str Str has to follow uh because I I feel like and I'm sure there's other members that

[1:34:36] feel the same way that a lot of our negative feedback or you know people that do show up to the meetings in order to protest don't fully understand what an EST strr is and that kind of piggybacks off what C is mentioning I think that's a great idea I don't think we've fully given that education like you're suggesting and we should uh we are going to be creating in fact it's kind of been created a a website link to get a lot of information but I think we should also have some written information in with those notices to those surrounding properties that get the operators information I think that is being transparent and fair to those Property Owners so we will make that as a note and we'll start working on that when we were discussing this earlier this last week we brought up the education piece of it and it was recommended that we make a presentation to the Realtors association and the Home Builders Association so that won't solve it all but I do believe that that Outreach has to happen and we probably can get some good information and feedback from those presentations to help on the education piece of it uh okay I have a I have a kind of a last question as it relates to fines and penalties do you think that there are properties today that are operating without a conditional use that will be prohibited from obtaining a license because they're within 500 fet of an existing approved Str Str I don't know of any specific but I would hedge my bet that yes there are okay and under this scenario the only option is to shut them down yes if if these ordinances are passed before they apply they would not have the option per ordinance to get a variance for a separation distance okay okay thank

[1:36:39] you all right anyone else have other thoughts or want to make a motion and Travis um yes sir so we have two uh amendments today 406 is the Str ordinance and then 313 is the use table that would just change um that in those commercial areas they're Allowed by right and so that kind of hinges on 406 but we will need like two separate motions on those so you would you would want a motion to approve revisions to 406 right and then a separate motion to approve revisions to 313 yes sir uh and I have a note here about the timing uh I I think Aon said that January 2026 is when the ordinance would take effect for the renewal process and we've suggested there it's been suggested maybe June of 2025 instead as an alternative are there any other changes if you'd want to put that in the motion we can change that date for renewals but just clarify the ordinance would go into effect on second reading of Council it's just that UniFi yes sir all right we're waiting for a motion from the planning committee I would like to make a motion to approve um the article 4 zoning uh exhibit a of section 406 of the bed and breakfast establishments and short-term rentals and I would also like to add to that a unified renewal date to be June 1st 2025 okay we have a motion I will second and we have a

[1:38:42] second uh all in favor say I I I opposed that is 40 all right mayor you're up do you want us to make a motion on the other one table does someone want to clarify what the 3113 motion needs to be okay so so right now in 313 the use table it shows the different Z owning districts and it has an a under it for Allowed by right or a c for conditional use and so the changes today are in all those commercial districts that we've talking about it's changing from the sea for conditional use to a to Allowed by right in those areas anyone wish to make a motion have any reion I think so I'll make a motion to approve are we ready yes I okay you just beat us to it absolutely um section U 313 um regarding item a on zoning uh that it be um from regarding item a uh revisions requiring short-term rental establishments obtain a conditional use only in specified zoning districts and we're recommending uh that amendment to section 313 second okay we have a motion by candy and a second by Joe all in favor say I I I opposed that is also 4

[1:40:51] Z do they need to formally adjourn their meeting before we take up our meeting okay so with that we are uh council is now under consideration for these this new ordinance and we too will need to start with a motion to uh approve the 406 with the change of the date for Renewal being June of 2025 may I may I have that motion somebody said yes Harry second a second by Karen all those in favor say I I I motion passes 60 then um in Item B which deals with 313 we would be changing from C to a and may I have that motion so moved so mooved by Karen second second by Tom all those in favor say I I motion passes 60 that concludes this special joint agenda meeting and we will formally adjourn can I make one comment to the public before that um I know there are concerns about these joint meetings that people get one less opportunity to come and speak towards this ordinance so I just want to be clear that this was the first reading for Council there will still be a second reading of this ordinance at Council on May 7th 2024 all right thank you with that we are adjourned and we will take a break before we call to order the regular city council meeting thank you thank you I'm going to call this meeting back to order at 10:29 a.m. on April the 16th 2024 um we will start as usual with our chaplain prayer and pledges and I am thrilled to have our police chaplain Ralph Dawkins here to lead us in both

[1:42:57] Wasing we need a good one you need you needed an extra prayer today good morning everyone let's pray father thank you for the opportunity to bring prayer into this Gathering Community leaders and concerned citizens your word declares in Psalm 133 we said how good and how pleasant it is when Brethren dwell together in unity for there the Lord commands His blessings even life forever more so today I pray for the city council meeting that it will be productive and beneficial to all who are making presentations today for the city council Lord I pray that you would help them to listen with understanding and good will help them to respond with character and conviction and help every presenter to speak with Clarity and restraint give these leaders a spirit of service and remind them that they too are stewards under your Authority grant them wisdom and courage to know and to do what is right good and true for the good of our community and then even in their executive session lead and guide them with wisdom courage and integrity to consider the concerns of the citizens and make choices that will best benefit our community and our city I pray Lord that you would declare them to be good leaders faithful and committed to our community and your word declares that we should pray for our leaders because they watch over us as they too must give an account for their decisions and consideration so I pray and I lift up the mayor and her staff and her assistant the city council members the city manager and every person and Department that is instrumental in leading and directing our city I pray for the police chief the entire police force the sheriff's department that they will continue to protect and serve the residents of our city and I pray for the fire chief and the fire department and all First Responders who serve our city and lastly I pray for continued economic prosperity and safety for our city that you may draw in attract to our city businesses industry and corporations

[1:45:03] that produce jobs and revenue and help us to grow and prosper in jesus' name let us all say amen amen let's do the Pledge of Allegiance Pledge aliance to the flag of the unit States of America and to the Republic for which it stands one na under God indivisible withy and justice for allas flag I pledge Al to the Tas St God indivisible thank you our first Proclamation today is for beta Beta Sigma 5 day so those of you in the audience please come forward I'm good today how are you good you want to just stand right in front here the month of April is a fitting time to honor bet Beta Sigma fi the world's largest Greek letter Women's Service cultural and social organization with six chapters in s Angelo the badge of the organization signifies Life Learning and friendship by its Greek symbols Beta Sigma fi today we recognize s Angelo Beta Sigma fi for the terrible work to our community these women have raised thousands of dollars and donated thousands of volunteer hours to local charitable organizations therefore I Brenda Gunter mayor of the city s Angelo Texas on behalf of the city council do hereby

[1:47:05] Proclaim April 30th 2024 as Beta Sigma fiday for their achievements and positive determination to make a difference in our community thank you very much thank you may I give you the proclamation and would you like to offer some words to the public yes if you'll come to the microphone that would be good well first off we're just so grateful that we could be here today and uh we're also very grateful that we live in a community where we're able to practice Life Learning and friendship which is our motto we welcome all women women that might want to join beta sigi there's over 5,000 organizations worldwide and we certainly have room for anyone who wants to work with us it's started in 1931 we've been around 93 years and it started as a way for women to get out during the Great Depression and now we are out working in the community all the time doing things many many times people don't even know we're there but we're really excited about this year that's coming up and we hope that we can have more women join us if you're interested in joining you can call jany low our new v v VP at 325 718 97 71 and we would welcome anyone that wants to join thank you mayor G very much thank you let's have a picture come on our next Proclamation is s Angel gives a day of giving so please come forward how are you today the office

[1:49:14] good the more the better isn't that what you say during s Angel gives more the better S Angel gives powered by the S Angel area Foundation was established in 2015 as a region-wide day of giving celebrating generosity in our community on the first Tuesday in May through the heartfelt generosity of thousands s Angelo Gibs has pumped $22 million of charitable dollars into supporting causes in the Kono Valley doing impactful work s Angel gives helps raise awareness and recognition of the tireless work put forth by hundreds of area organizations helping to meet the unmet need needs and Tackle difficult Community challenges this day is where donations are Amplified boosting each gift made through the unwavering support of the sangel area foundation and its supporters s Angelo gives is a day to build a stronger community and give a gift that is Meaningful to participating organizations donors no matter how large or how small can visit sangel gives.org find Charities they wish to support financially and and make a donation on May 7th 2024 from Midnight until 11:59 p.m. St Angelo gives is a day when the best of people shines through an opportunity to encourage citizens to share their giving experience and passion for these causes and encourage others to join the collective effort today together we can build a strong and Vibrant Community when s Angelo gives therefore I Brenda Gunter mayor of the city of s Angelo on behalf of the city council do hereby Proclaim Tuesday May 7th 2024 as St Angelo gives a day of giving in St Angelo Texas and urge citizens to celebrate the great work of our area nonprofits and support their efforts in a way that is both financially meaningful and personally rewarding thank you please offer words nice I couldn't have said it better

[1:51:18] myself uh mayor thank you so much and and we're so blessed live in I think the greatest Community uh you know when everyone supports St Angelo gifts and their favorite Charities but to talk about how great our community is we look at a per capita giving number Across the Nation of all giving days that happened through at Community foundations around the whole country St Angelo was the number one per capita gifts made on a giving day so we have proof we have proof that we live in a generous community so thank you m thank you thank you you thank you thank you all thank you for what you're doing than can you get a picture oh yes forgot before we uh go into public comment what I do want to say is that we will be pulling from the consent agenda item C and we will be pulling from the regular agenda Item B so if any of you are in the audience to comment or conversation to those items know that they will not be discussed today so you might not want to sit through the entire meeting um and so with that issues or concerns not on the regular agenda may be raised by the public at this time citizens should speak from the podium address all comments to the Das Begin by stating their name and address or single member district number and limit their remarks to Less Than 3

[1:53:21] minutes we are now open for public comment give me a second again to get organized please your favorite citizen is here welcome from the county so um let make sure I've got everything here in front of me correctly so just give me a second before you countdown okay there are two items I'm going to address in this three minutes that I have to speak publicly which I've been prevented for doing for three and a half years uh the first item is uh documents that we retain in this County and that lawyers prepare and that judges hold rulings over and the second is the condition of the city of s Angelo and then those are the pictures we're going to show up here in the city of St Angelo in the county of Tom Green I thought as a woman I had rights till I got to age 67 and got to a place in a city where lawyers prepare falsified documents and falsified Wills on my husband be they Paul stanovic and then I have judges like judge good one who prepared the deed on my property which resides in this County that people have been spending three and a half years trying to figure out how to steal the deed on my property so this is not good we can't have this happening this is illegal and this deed to my property nobody ever better touch or come near again anybody any lawyer any judge or anybody else is that clear to everybody here because this resides here and I expect the legal system to operate as a legal system but as a woman apparently I have no rights in this system that resides here as to be proven as coming up and apparently I can get assaulted in this town and it's perfectly okay for the city to say I can be assaulted in Shannon hospital and they're all good with that now we have problems here now and these are all violations of all kinds of Health codes rights and responsibilities of marriage all the legal documents that I have been told to retain as a citizen of this country and as a spouse and apparently when you're married as a wife you have no right rights according to this County

[1:55:24] the sheriff the police and everybody else they decide you have no rights because we're just slaves thank you so that's the first thing I want to start with and be clear on I'm a citizen of this country and I have full rights whether the city or anybody else acknowledges it we're still fighting for that now the next thing is let's flip through some pictures here of the condition of the city of Stan Angelo which we sit up here and talk about codes rules and regulations and y'all want to ticket and penalize people for not following them so let's look at this lovely we've apparently fix this and remove this now this is where Mr fluger has torn up over by Franco the whole area over there and messed it up and y'all just approved a year-long permit for him to fix the problem he created with drainage and everything else as he was trying to I don't know do what this is over on children's street we have a woman that's had problems over there for years and years and you see we have this big gas line back here see what's going on there anybody got problems with that this is our city okay this is and this has been a problem for a long time we ignore it just let it go on and y'all want to sit up here and talk about the way people Park their trucks on their property and we got this going on okay let's see how much we got 12 seconds L this is downtown San Angelo would you like to go sit here on your City downtown Street tell me please somebody answer that this is over this is at the health y'all's Health Department oh let's just flip on through this is where the kids come out of the junior high school and look your three minutes is up know thank you very much for being here today thank you thank you very much Jackie any further public comment from anyone in the audience I'm not does that I your time is up you need to go sit when do I geted

[1:57:27] I for that we can talk afterwards but you can go sit we are available for further public comment if you have some public comment please come forward hi I'm Mike aloney I'm the VP of economic development for the St Angelo Chamber of Commerce and I wanted to uh uh come and address the uh city council regarding yesterday's press release regarding the uh Amazon Logistics rsr um we uh I wanted to thank you all for your support and thank you all so much for U uh supporting the chamber supporting the economic de development Mission and for supporting the collaborative relationship between the city of St Angelo Development Corporation and the Chamber of Commerce and so um just wanted to uh salute this uh body and say thanks um we have gotten a lot of calls and a lot of uh responses on that which we are uh just referring back to the press release but um the news is out there we're we're glad it is because they're rolling equipment on the site at this time and so uh it should be a very quick process on getting the uh facility built we'll be able to answer more questions uh as things progress and as we're permitted to do so but I did want to thank you all for your support it means a lot and it means a lot to the company too thank you very much Brenda a question for M if that's all right well we don't public comment later mayor if I could yes big thanks to Michael Looney he put a lot of time and effort into this he really uh uh stood by this company as they were considering Stan Angelo and tried to address all the needs they had so Michael thank you very much for your work further public comment I have one

[1:59:31] yes Tom I have been contacted by the uh staff at the airport and Pilots at the airport effective April 18th through the 21st our City airport is actually having a fly on the Ford which is an old trotor airplane and they wanted to bring that to the Public's attention uh to help grow and develop and show the exposure for the airport um you can go fly and I would say it's also the airplane in one of the opening scenes to Indiana Jones it's a historic plane came down here all the way from Washington excuse me from Wisconsin and rides are Thursday Friday you can go to um Fly the for.org there you go thank you'all very much for your time perfect May and I just want to say um just want to ask everyone to keep uh council member Larry Miller and in his your thoughts and prayers as he continues his recovery thank you thank you further public comment I'm going to count to three when I say three it's over one two three it's over we are moving on to consent agenda do I have um a council member who would like to pull anything other than the items C that I've already announced that will not be U discussed today or voted on today so Karen do you have any other items no ma'am Lucy no ma'am Harry no ma'am Tom no ma'am Tommy no ma'am then I need a motion for approval of the consent agenda with the exception of item C which has been pulled so move so move by Harry seconded by Lucy public comment please be Hampton uh single M single me member district six please uh uh number seven I'd like to hear more about that please seven yes ma'am do we have a seven I mean the F okay f f equals seven so f is consider approving a

[2:01:35] one-year contract with one option to extend with Gilbert Consulting Services LLC in the amount of $3,000 per month and authorizing the city manager to negotiate and execute all related documents Teresa do I just move this off of the approval of the consent agenda then yes so item F will not be voted on at this point in time any other comments from the public then we will take a vote on items a b d e g h and I all those in favor say I I those consent agenda items have been approved 6 to0 we will now consider item f consider approving a one-year contract with one option to extend with Gilbert Consulting Services LLC in the amount of 3,000 per month and authorizing the city manager to negotiate and execute all related documents syvia do you want to do some explanation here does anybody wants to do I will do that mayor okay U mayor we see this on an annual basis U that judge Gilbert serves as our associate judge and relief of Judge Daniel when judge Daniel is out uh he also assists with a weekly docket um and of course as a consultant for the court uh again we've been doing this contract now for the past several years but we do recommend that we approve the contract any further public comment on item F I should ask for a motion for approval to approve a second second any further public comment having none we'll take a vote all those in favor of approving item F say I I motion passes 60 we now will move into the regular agenda agenda comments regarding items on the regular agenda may be made by the public when each item is discussed as outlined above applicants proponents and appellants are exempt from the time limit above and instead must limit their remarks to less than five minutes item a

[2:03:38] is considered a resolution authorizing the use of city property at Rio cono park for local citizens Committee in collaboration with the sangel area foundation to implement a World War II Memorial and interpretive area Carl you are on yes ma'am a quick orientation on this item and then we'll let the proponents speak uh to the memorial and the statue um first of all we were approached by a local committee who wanted to do a memorial for veterans of World War II uh we worked with them to try to find a good place for this we think we've found one uh we would like uh to get council's approval adoption of a resolution regarding regarding this allowing them to do the fundraising and use the city property for this project and then once and they'll bear the full burden of the cost for this and once it's done then the city will take on U maintenance of that Memorial quick location you see the eastern part of downtown on the left side of the screen here the convention center where we are the memorial site is basically across the street along the river and just below the uh gazebo Gardens okay here's uh a look at the site and at this point I'll turn it over to Dr uh Kingman who will speak about the site uh it's possible further expansion for other memorials and the memorial and the statue good morning good morning sorry good morning I'm Taylor Kingman um put this somewhere yeah have Carl hold it up so I think that would be Carl you're on sorry Carl that way if you have questions Carl

[2:05:41] you'll be right here to answer those yeah and it is in the packet as well um first of all thank you all for having us this morning we appreciate youall putting us on the agenda uh um as Carl said we do have a group of citizens in St Angelo who very much would like to put a memorial to World War II veterans all veterans um along the river we as Carl stay we've worked with the city city to try and find a location and the location that as a committee and the city think we is the best is right across the street from the convention center um if you'll see in Blue on the picture that is the um proposed site of the uh current Memorial that we are bringing to you today uh the green shows how um future memorials could be added to this site uh in order to allow thank you in order to allow future projects to expand and have um uh memorials to other Wars and other veterans um so this is a blow up of the current proposed it and we've worked with skg or excuse me kfw I've got a lot of meetings in my head I apologize work with kfw to come up with some early renderings of what the memorial would look like um and what you see on the top right is um the metal panels which are sketched in on along the wall on the back that would have every Veteran's name who's connected to San Angelo um from World War II regardless of um military affiliation where which branch may I ask at this point U when we say affiliate in St Angelo are we talking St Angelo are we talking Tom Green County are we talking a regional area are we limiting it to um a specific territory or how are we dealing with this at the moment we're looking you know we're at the moment

[2:07:43] we're looking truly at the Contra Valley because so many people who served in World War II may have lived in Christoval and then made their living later in life in St Angelo and we want to make sure we include all those people I agree just want to make sure yes thank you for clarification um so we're and we're going to work with um veterans associations across the community to make sure that we get anyone who's basically been connected with San Angelo and the surrounding conro Valley counties um the idea is then to have as we get into more detail but um brick underneath it and then in the middle you'll see this faded kind of area and that will be a bronze that I thought was in here that'll be the bronze that's right here in front of you yes there you go it will be a six- foot bronze um that is going to be of an Airman although all branches would be included in this we felt like with good fellow here um it made sense to use an air to be our U bronze it'll be a six foot bronze done by local artist R Ruiz um and this is his sketch um we're working on getting a mikette and things further things so our hope is that we can get a memor memorandum with the city so that we can move forward with raising the money to get this project uh off the ground over the next several months any questions I'm excited about it I think the uh two things one is I'm thrilled um that we're doing a World War II I go to a lot of events for the Vietnam veterans and they do terrific events and they're always based around either goodfill Air Force Base or the Vietnam memorial out at the airport and I also want to make sure that we have the opportunity down the road to not exclude anybody whether it's the Korean War World War I whatever war or

[2:09:47] event that they were involved in have an opportunity to also be highlighted at some point I don't want to just say if only you served in World War II or Vietnam you're important to us all veterans are important to us and we hope down the road we would be able to expand on that but this I know is very specific and I think it's well done and I'm very supportive have a question mayor yes so like it uh once it gets started and stuff what is how much is it going to cost I know you're going to do a fundraiser and all but what's the amount on it uh it depends I mean I I mean the bronze itself is $100,000 um we're going to have to it depends a little bit on how we're able to raise money what product and all that will actually of course come back to planning and art commission and for approval of anything we do but um we're guessing I have no we're going to we're going to hold that number until we know exactly what that's going to be and that's pretty cool about having the wall with the names and the people us having in our own little wall here in in the Concho Valley so that's pretty cool in itself now these bricks that you show over here are those bricks going to have anything on them where you can actually sell them to the public to if they want to put anything on them as a fundraiser also that is not the current plan um we have obviously fundraising is going to have a lot of facets and it will depend on how donations come in and what we need to do to in order to create the money to have this project come full board but um there has been talk of being able to sell maybe like a QR code that you could um tell a story about a family member or whatever and that we could sell that but we do want to make sure that we keep maintenance easy for the city and we want to make sure that we um that each veteran no matter what you can pay or not pay gets recognized on this wall thank you so much Harry did you have a comment please i' say thank

[2:11:51] you first of all for this particular group getting together and and recognizing veterans uh sometimes we don't do enough and as one of two veterans sitting on this this side of the Das it's always interesting uh I think that what the mayor said earlier about making sure that we plan on future opportunities for other other veterans is key to the success of this whole thing I also say that this is an extension of everything that we've got downtown along the river and it'll it'll just flow all the way back up to to Bell Street so thank you again uh and quite honestly uh I'm in favor of this mou any other comments All right so what we need to do today is um take a vote on a authorizing the resolution for this um project to move forward right so do I have a motion for that oh yes Karen and and Harry join together on the motion and the second any further public comment seeing none we'll take a vote all those in favor say I I motion passes 60 in fact we have three people Larry not being here so we actually have three people on the council who have served all right we'll move on on to item C first reading and public hearing of an ordinance approving standards of care for Recreation summer camp held at recreation centers for ages 5 through 13 and we have Aaron kittner here to present today he is our Recreation manager good morning everyone uh first off I just want to thank everyone for their kind words about veterans my dad was a veteran so that means a lot so um just here to talk about so obviously

[2:13:54] everybody knows within the recreation or I think everyone knows within the recreation program we offer summer camp ages 5 through 13 I'm here just today to propose the ordinance for the standard of care um that the Texas health and safety department requires that we follow so since we're not a licensed daycare we do have to hear these policies so I'm just want to make sure we're doing everything we can and make sure are there any issues in the ordinance that you have concerns about or have found problems itic as you spent time doing this no so I actually we offered a a camp at ASU where I came from and but it follows all the same guidelines and I've read it over thoroughly and it's definitely what hits the mark on everything we need to follow so okay that's what we need to hear so with that may I have a motion for a mo motion by Lucy a second by Tommy public comment concerning item C we're letting him go this easy I'm thinking we are you could make it difficult now's your chance okay with that we'll take a vote all those in favor say I I motion passes 6 thank you thank you very much item D is first reading and public hearing of an ordinance for PD 97-07 a request to amend the plan development zoning District to allow underlying General commercial heavy commercial and light manufacturing zoning districts to conform to the airport 2020 master plan Aaron you're back on thank you mayor uh city council Aaron Venoy director of Planning Development Services uh this case is just a an amendment to the plan development that exists over our airport property over the past few years um Jeremy and his team as well as you uh at city council have approved an airport master plan as new products or new projects are coming forward uh planning and their zoning rules had a land of development plan with it as well what we're doing today is updating that Land Development plan as the amended concept

[2:15:57] plan so that those projects can move quicker we're essentially trying to amend it to remove one of the steps um to allow the development to move a little quicker so this is uh the airport area it's a district one Tommy Hebert um has lots of different uh uses out there but institutional and Commercial is the future land use the plan development again uh includes a lot of those zoning bases that the mayor mentioned of commercial industrial retail sales and service so in the airport master plan there is a land use plan or a real estate plan and they have kind of bubbled into the areas that they're going to use for future development trying to expand uses out at the airport and with a plan development that means they should come to planning to see if that's an allowed use do some evaluation and things like that well the city contracted with a team to already do that so we don't want to duplicate steps and this kind of helps match what goes on with our current plans that are adopted so this plan here will allow those areas to be developed um through Jeremy and his team through private development um to come into our airport area and know what the rules are going to be they don't have to check with another department to see well can we do that there or can we not do that there this help streamline that so with that we did present that to the Planning Commission in March they did approve UH 60 vote in favor of the amendment and we bring this forward to you as a staff recommend recommendation of approval of the amendment to update the airport real estate land use plan in the plan development the only comment that I'd like to make and make sure uh we all understand is that I love Master plans and we did this for all the right reasons and I'm thrilled that we did this master plan when we did it but I also know that in life things happen things come up that you're were not expected are out of the blue sometimes

[2:18:03] and that we know that flexibility is key and that we don't say absolutely no way because it's not in the master plan that we use this as a guiding tool but it cannot be black and white that we have to adjust as opportunities comeing because a lot has changed in the airport uh since this airport master plan was approved and more than we ever thought was going to happen at the time when we approved this so I just want to make sure that we know we need to do what we're doing today but flexibility and opportunity need to always be out there for consideration yes mayor that's a great point and with this plan it is amendable it is not just okay you can only do these things there and that's really working planning and Airport uh working together to make sure that we're servicing our community working with our economic development team to make sure if they have something that's engaging and exciting how do we find the right use for it out at our airport space questions or comments from Council okay then a motion for approval please move approval Tommy has a motion second by Karen public comment on this airport master plan land use project there seems to be none so let's take a vote all those in favor say I I those opposed are none so that motion passes 60 we'll move into the last item in the regular agenda which is item e first reading and public hearing of an ordinance for PD 20-2 a request to amend the plan development zoning District to allow highrise multif family Zoning for three story affordable Senior Living fac facility located at 3824 green meow Drive Aaron thank you mayor again Aaron Venoy uh director planning and development services this property has gone over some um changes over the last few years of different ownership uh no

[2:20:07] projects have really seemed to have gotten off the ground uh this project has come to us now uh there is a group that has purchase the property they have uh requested through you guys a resolution of support for a fac and I believe they have actually received um the items that they were requesting from uh the government entities to move forward so to help them move forward we want to amend this plan development from the uh rm1 which is lowrise multif family to the rm2 which is a high-rise multif family and we'll get more to the conditions on that but this is in District Six uh Mr Larry Miller and in the botom neighborhood and you can see Green Meadow there uh you see Southwest just to the right of that or to the kind of the southeast and so this is a very uh hi trffic area it is on the red a Royo one of the branches that goes in there and just to the south side of loop 306 so here are uh various images but I'll start with the zoning over there you can see the different zoning districts much of the area does have lowrise multi family and then there is adjacent commercial um this project was pitched a few years ago was lowrise multif family just a two-story but for them to make the numbers work they need a three-story structure they are looking for 15 um one-bedroom units and 15 two-bedroom units all in one structure uh and that's in in your background information and I've got a kind of a floor plan you can see right across the red aroyo um to the kind of the Northwest there is already a facility that is that tall uh in the area we did have some support in the area from even the duplexes and things that this is a a good move for the neighborhood here is that concept plan so you see the one building there on the right side of your screen this is an AE easement so there's kind of a buffer between them and the commercial over in that area they actually have a small dog park that they're proposing for this um

[2:22:12] and then plenty of parking and a detention area that's uh adjacent to the red Royo they do have sidewalks that are including included just so people can walk around and they are fairly close to some local commercial areas uh I know that the transit system is working um on identifying some public transportation in that area I know they have a stop somewhere close they're looking to evaluate as this moves forward how does that incorporate into this facility so the one thing that I do need to update uh and I should have updated the Planning Commission um it it did not cross my mind at the time there was a condition for this approval by Planning Commission to limit it to three stories I'm asking from a staff recommendation to do three and a half stories for an attic space for mechanical and plumbing chases in the Attic the three stories that I believe the Planning Commission limited to would be the three stories that there would be living occupiable space on where the attic space in our zoning ordinance is usually classified as a half story so with this we are recommending um the amendment to change from rm1 to rm2 but limiting the stories to 3.5 stories tall instead of the recommend Planning Commission recommended three so I want to make that very clear that they recommended three and then in that original PD zoning there was some um minimum setbacks and things that have been changed uh changed and we are not changing those we're just leaving those the same so that the everything fits on there um and I go back to the concept plan just because they start getting a little tight in that area right here is a little bit of flood plane and of course this is being the red aoro there they wanted to push everything um to the right the most the best they could to make everything fit and the numbers to work with that um Planning Commission did move on in March with an approval of

[2:24:18] 6 to zero again their condition was to limit to three stories I did not I failed to mention to them that they needed the half story for the attic space um so I just wanted to make sure that I'm I staff is recommending that today I still think it's a great project that area needs developed we need this type of housing I think the group that's doing this is um their history is uh good projects they're very clear about what makes a good project whether it's the sidewalk amenities Etc I believe strongly in the project and they did get the tax credits the 9% tax credit one of the other projects that had been uh submitted uh for the same thing did not get theirs so this is the only one we're getting in this s Angelo market and we need this so I strongly support this plan mayor I'd move approval as presented by staff today great a motion and a second public comment I have a question yes please Aon I noticed in the chart and this is something Rocky brought up earlier you have a dep detention Pond who maintains that detention pond in continuity I mean in 20 30 years does it the property owner that's responsible for that or is it the city currently it would be the property owner that's the way our ordinance reads uh there are times that um the public works department can bring forward to this body to see if they want to accept the maintenance of a detention Pond but that is a funding question for them for you guys and and for them but currently all detention ponds we try to have whether it's a subdivision or commercial property or even an apartment complex that's the requirement of that property owner to maintain for the life of the detention Pond and they're aware that for Life aside yes cool that's all I have and a lot of them have turned them into positives and and use on the property so that's good all right we've

[2:26:19] have a a second public comment we'll take a vote all those in favor say I I motion passes 60 we will now that has completed the regular agenda so we will move into the closed session the executive session under the provision of government code Title Five open government ethics subtitle a open government chapter 551 open meetings sub chapter D exceptions to requirement that meetings be open open under the following sections a section 55107 2 deliberations about real property regarding one lot 9d block two section 9A red aoya heels Edition two all of block one 1.98 Acres es Kirby 9.62 two acres out of abstract 0111 survey 0320 and 1.22 Acres out of abstract 0111 survey 0320 and three 7 Acres out of abst 1854 survey 0326 we will now move into executive session announcements following our closed session so are there any items uh or announcements and consideration for future agenda that anyone has for today all right so let's have a motion for adjournment move we adjourn second it's done we're over complete

Captured 2026-07-26 · source: youtube.com/watch?v=117Z4D2gAk0