San Angelo City Council 9-16-14

[0:00:01] it is 9:01 about time to get this meeting started we welcome everyone here this morning we appreciate your participation looks like a full house it's going to be a fun meeting let's start with prayer Matthew row if you would come up please Emanuel Episcopal and start us off with a prayer please good morning sir right there you go good morning let us pray Almighty and eternal God you have gathered us together to live as Neighbors in the city of St Angelo Texas a place with many opportunities and challenges as well and you have called the mayor and the members of the city council to elected positions of leadership and guidance and servanthood on behalf of all of us and we pray Lord that you will bless them with wisdom and knowledge and discernment as they take up the issues that will be discussed today help them to do their work as your servants and always with a mind toward the common good we ask these things for the sake of your love amen thank you sir and I have three students that are going to help me with the pledge this morning Alicia Pagano a seventh grader at Glenn jior High Rodrigo Hernandez a sth grader at Glenn Jor high and Charlie Hernandez fifth grader Lamar Elementary please come up please come up and help me with the pledge United States of America and to the Republic for which it stands one nation under God indivisible liberty and justice for all Texas honor the Texas flag i al to Texas St

[0:02:07] godible job so very much thank you thank you very much I appreciate y'all and we have five proclamations today and one recognition we're going to start with the foster care awareness uh to be accepted by Janet Franco are you here come forward please ma'am and let read this I'm going to start reading while reading while you're walking it says that Tom Green County is a home to approximately 2011 children of all ages in foster care through the Department of Family and protective services and all those children 90% are placed in areas outside of St Angelo and Tom Green County and the goal of this community is to provide the children with safe stable and nurturing family environments and we turn more and more to the family foster homes of s Angelo and Tom Green County to nurture through the bodies and the spirits of the children in our charge while our social workers support parents in building on their strengths to provide safe permanent homes for the children to return and foster parents frequently adopt their foster children which result in a continual need for more Foster families and September 27th is singled out as foster care awareness day to be the one day we publicly recognize the tremendous contributions made by foster parents numerous individuals and public and private organizations to the child welfare system to the lives of young somehow entangled in that system now therefore I Dwayne Morrison the mayor of the city of St Angelo on behalf of the city council to hereby Proclaim Saturday September the 27th 24 as foster care Awareness Day in the city of St Angelo and thank all Foster mothers and fathers for their commitment in times and talents to these precious children and encourage all citizens to celebrate the contri the contributions of foster parents and child welfare professionals the city council of St Angelo further encourages the community business faith-based organizations and families to participate in efforts to recruit and support families in s Angelo Texas and Tom Green County and there is your

[0:04:09] reward and there's the microphone give us a spinch well good morning everybody how's everybody um first of all I want to say thank you for having us here it's a really big honor for us to know that St Angelo's invested and willing to open their eyes to this great necessity in this area but also the surrounding areas um High Sky Children's Ranch um is here to just let you know that there is an awareness that we want to bring forward I mean we are lacking a lot of foster parents to be honest right now we have one foster home in St Angelo just one um mland Odessa area has about five so I mean just foster care alone is suffering and we do want to see an increase in this area we're trying to push recruitment we have a 5K run coming up I hope everybody um makes time out of their day to at least join us you don't have to run or walk but join us that would be very um very honor a big honor to us so thank you again mayor for having us yes ma'am can't wait to see you there I'm ready all right thank you so much meals for the elderly Carolyn AER uh Robin Balman Katie Hudson would Harrison would y'all come forward and while I read this Proclamation please meals for the elderly is observing its 40th anniversary having begun in 1974 and meals for the elderly through the dedicated efforts of thousands of volunteers deliver 650 meals each day to elderly residents Tom Green County and meals for The Elder is able to continue this valuable service to the elderly of s Angelo with the generous support of the citizens of San Angelo and Tom Green County who serve as donors volunteers and board members and the homebound elderly of St Angelo have come to rely upon the cheerful delivery of hot nutritious daily meals for 40 years now therefore I Dwayne Morrison

[0:06:12] mayor of the city of s Angelo taxes on behalf of the city council to hereby designate the week of September 15 through 19 to4 as meals for the elderly week in St Angelo and earn all citizens to recognize and applaud the efforts of accomplishment of this fine organization that provides a very necessary service to our elderly citizens and if you would like the microphone I'll sign this cuz I signed any of well thank you for inviting us here today 40 years ago meals for the elderly started out in an O Barracks building on the corner of Avenue V in South Hill we had 16 residents I mean 16 clients and just a handful of volunteers today we have over 650 clients we have 2500 volunteers PE in the past 40 years we have prepared and delivered almost 3 million meals to over 12,000 clients we've been able to do that because of the support of this community we absolutely could not do it without this place that we're living in and we are so grateful to you on Friday between 1: and 3 we're going to celebrate our 40th birthday we're going to have a birthday party at the Museum and we would love for you to come and celebrate with us there's no charge just come wish happy birthday to all of our volunteers who have been helping us all through the years come see the pictures the memorabilia and just have a really a good time we thank you and God bless you for helping us through all this time thank [Applause] you thank you very appreciate and the next one is National anti-bullying Awareness Month

[0:08:16] uh Erica Morris an Angelo police officer drug resistant education would you come forward while I read this please ma'am the month of October has been designated by Congress as National anti-bullying month in order to acknowledge the harmful impact of bullying and of judging others based on appearance group affiliation and to promote respect of everyone's right to be free from shame judgment or attack bullying is a physical verbal or emotional harm or intimidation intentionally directed at a person or group of persons and occurs in neighborhoods playgrounds schools through technology such as the internet and cell phones and research has concluded that bullying is the most common form of violence affecting 13 million American children and Adolescence annually and targets of bullying are more likely to acquire physical emotional and learning problems and those who are bullied often fear such activities going to school or attending community activities while children who witness bullying feel less secure and more fearful and children who bully are at a greater risk of engaging in more serious violent behaviors and the St Angelo Police Department is committed to working together with the parents teachers students and citizens of s Angelo to inspire change in the social environment of our schools and Community now therefore I Wayne Morrison mayor of the city of St Angelo on behalf of the city council to hereby Proclaim October 214 as National anti-bullying awareness month and call upon all citizens and organizations of St Angelo to observe this Memorial occasion with appropriate ceremonies and events in which everyone May joy in raising bullying awareness in our community thank you so much and there's your microphone sir good morning everyone uh thank you to Mayor Morrison for having us and City Council Members as as well in public thank you very much uh bear with me real quickly I just want to give you guys some national bullying statistics that we have on file every year 13 million students are bullied at school online on the bus at homes and on their streets every month 3 million students are absent because they feel unsafe at school 280,000 students are physically attacked in secondary schools

[0:10:21] each month nearly 42% of kids have been bullied online and almost one in four have had it happen more than once 77% % of students are bullied mentally verbally and physically and every 7 minutes a child is bullied on a playground somewhere so these are National bullying statistics and I do not have Texas ones with me but we're just working to raise awareness in our community and working with the students in our schools to try to uh Inspire them to change the social climate uh in their schools and we're going to have an anti-bullying walk run next month October 18th uh it's up on our social media Pages we'd love to have you guys out come out uh rally with the kids for a great cause and support thank you very much thank [Applause] you thank National Community planning month Patrick Howard come forward please sir while I read this Proclamation whereas change is constant it affects all cities towns suburbs counties boras townships rural areas and other places and Community planning and plans can help manage this change in a way that provides better choices for how people work and live and Community planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their communities and the full benefits of planning require public officials and citizens who understand support and demand excellence in planning and plan implementation and the month of October is designated as National Community planning month throughout the United States of America and its territories and the American Planning Association and its professional Institute the American Institute of certified planners endorsed National Community planning month as an opportunity to highlight the contributions sound planning and Joint plan Implement implementation make to the quality of our settlements and environment and the celebration of national Community planning month gives us the opportunity to publicly recognize the participation and dedication of the members of planning commissions and other citizen planners who have

[0:12:23] contributed their time and expertise to the Improvement of the city of St Angelo and we recognize the many valuable cont contributions made by professional community and Regional planners of the city of s Angelo and extend our heartfelt thanks for the continued commitment to public service by these professionals now therefore I Dwayne Morrison mayor of the great city of St Angelo on behalf of the city council in conjunction with celebration of national Community planning month do herri proclaim the month of October 214 as Community planning month and call upon all citizens and organizations of s Angelo to learn about and engage with the city's planning efforts that will keep our community a great place to live to work and to play Patrick you want to make Speech Buddy sure okay well I think Community planning month is a great opportunity to underscore the importance of sound planning we all uh enjoy the great quality of life here in Stan Angelo and the staff and I are committed to helping to continue that that great uh quality of life that we all experience here and so we'll be having a few activities this month um we're going to be engaging the middle school students to give us an idea of what they think this community should look like or will look like in the future we'll also be doing a walking tour of downtown and some of the historic Assets in the community so we're really excited about Community planning month and thank you all and hopefully you'll [Applause] participate we have one more Tom come ahead please sir fire prevention week to be accepted by Thomas Tru it this Proclamation says fire is a serious Public Safety concern both locally and nationally in homes are the location where people are at the greatest risk from fire and whereas fire departments in the United States respond to nearly 400,000 Home Fires in a single year and selo Residences are responsible to public education measures and are

[0:14:27] able to take personal steps to increase their safety from fire especially in their homes and whereas the fire service of San Angelo is dedicated to the safety of life and property from the devastating effects of fire and they are joined by other emergency service providers businesses safety Advocate schools and service clubs now therefore I Dwayne Morrison the mayor of the great city of Stan Angelo Texas on behalf of the city council do hereby proclaim the work of October 5 through 11 214 as fire prevention week and call upon the people of s Angelo to participate in fire prevention activities at home work and school and practice home fire safety especially this week which commemorates the Great Chicago Fire of 1871 which killed 250 people left 100,000 homeless and destroyed 17,400 buildings Mr Tom thank you you you got the microphone buddy all right thank you mayor city council city manager uh management and staff uh thank you for this Proclamation we still have uh the need to observe fire prevention week because we still have fires in the United States and uh in 2013 there was 1, 240,000 fires that caused 3,240 fire deaths uh there were almost 16,000 civilian injuries and uh fires caused 11.5 billion doll of property loss in 2013 so we still need to observe fire prevention week when I started uh well he mentioned the Great Chicago Fire of 1871 well 40 years after that event there was became an organized observation of fire prevention week so 1911 uh contrary to some uh misconceptions I was not there at the original 1911 meeting uh I joined the fire service a little after that but um

[0:16:31] when I started the fire Death United States were almost 12,000 lives being lost each year The Innovation that was really coming into Vogue at that time that saves lives is smoke alarms and this year the national theme is working smoke alarm saves lives and I know it does because we're down from 12,000 to just a little over 3,000 lives being lost each year so smoke alarms do save lives and the subtitle of that is so test your ERS every month so uh we should do that fire prevention week we do presentations in the area schools of s Angelo Independent School District and other private schools in St Angelo and uh one staff alone can't do that you know the fire uh s Angelo fire Marshall's office we don't have enough people to do all that by ourselves so we have a Cooperative effort um that's led by our office in the fire Marsh Ross Coleman is back there in the back of the room but we also have help from the San Angelo fire department and Scott Ferris is back there representing them but good fellow air force-based fire department uh contributes to that the Department of Defense fire training academy at Goodfellow they uh Supply Manpower and equipment for Fire Prevention Week the San Angel Independent School District in the area schools allow us to come in there they present lessons to their students and allow us to pres present a program on those campuses then the uh sanela Rotary Club sponsors the fire prevention poster contest and that gets the the message more developed in these young minds because quite often the victims of fire are the very young or the very old and so by giving them lessons early in their life they can carry with them the concept of Fire and Life Safety for the rest of their lives so I thank you again mayor for your Proclamation let's get a picture

[0:18:34] [Applause] taken thank you buy thank you we have one recognition I think there's several people out here for this one the city of s Angelo Fort cono for receiving the Western Museum award from the American Cowboy culture Association at the 2014 National Car cowboy boy Symposium and celebration and to be accepted by Robert blueart Fort cono Museum manager my goodness we got something mu Malo ombr is coming up here now come on up hello bub for koncho won the Western Museum award from the American Cowboy culture Association at the 214 National Cowboy Symposium and celebration this past weekend in LC and Fort cono manager Bob blueart accepted the honor on behalf of the fort noting it represents many years of excellent work by the St by the site staff boards and volunteers for kcho has participated in the cowboy synapson with a military field camp for the past 15 years it was very thoughtful of the association to honor Fort cono blueart said this award reflects Decades of work we have done in in the events programs educational activities preservation and public service Alvin Davis past president of the synops and retired director of ranching andh Heritage Center in LC presented the award at the s posium I've only missed it three times but I got it right that fourth time simposium evening program at the lck Civic Center the national Cowboy Symposium was created in 18 1989 and occurs every September and Fort conu expects to again participate in 2015 and we have a group you going to introduce themy you going to introduce Bob have the microphone please thank you mayor council members city managers citizens I brought my posy today uh these are just some of the folks that make us look good every day

[0:20:37] we have current president Greg Stevens for cont Museum board past president Harry Thomas Dorothy dth it if you haven't listened to her music or eaten her food you're missing something and if you're lucky you get to do it at the same time when she does events at the fort with the kcho cowboy company we have Jack Smith Karen Smith and Conrad McClure who were proud to say used to work for us and he retired and he now still works for the city part-time Joyce gray and Joyce Downing both of whom are very active in our special events Frontier day Christmas speaker series and many other programs and events it is somewhat of an odd thing for a western Military Museum to get a cowboy award but I think Cowboys represent the very best and the most interesting of Western culture and these folks represent the very best of Fort con show we are very proud of them we're very proud of ourselves and we appreciate your support thank you thank you all very [Applause] much all more back more all right we don't [Applause] bite PR we're going to change the agenda up a little bit this morning uh Elizabeth is on awall right now from jury duty we

[0:22:41] need to get her there as quickly as possible Daniel needs to leave here about 10:00 he's got a meeting in Austin at 2:30 and I got some kind of ribbon cutting at the library at 12 so I'm going to cut out here by 11:30 to 12:30 so I think what we're going to do here we're going to to go ahead and take public comment and then we are going to go directly into our regular agenda and we will begin with the with the regular agenda then we will come back after we've done the first two items which is 17 and 18 after we've done the first two items this deals with the Walmart deal and I think maybe someone here for the Walmart deal anyone here for the Walmart deal so we will take that up and then we'll come back to our consent agenda let me uh read this about public comment this is a time when we allow the citizens to come forward I will give you three minutes at the microphone have you introduce yourself uh if there's anything you want to approach the council with if there's anything you want to put on the future agenda if you want to complain if you want to grip if you want to praise we'll take anything you want to give us let me read the legalities and then we'll open it up to public comment the council takes public comment on all items in the regular agenda public input on the regular agenda item will be taken as appropriate discussion public input on an item not on the agenda or consent agenda may be identified requested for consideration by the council at this time the council May request an item to be placed on a future agenda off for our consent agenda item to be moved to the regular agenda for public comment on public hearing items public input will received on each item immediately following the council discussion prior to any action on the item each member of the public will make the remarks from the podium Begin by stating your name remarks by each setem would be limited to 3 minutes unless weigh by a council member for all speaking on that matter no individual will be allowed to speak more than once on anyone subject until every citizen wishing to comment has done so so the line starts at the front line up all those that want to approach us for a public comment please good morning ma'am good morning my name is Deborah Bailey and I would

[0:24:42] like to request that item 16 be moved to the regular agenda thank you anyone else good morning my name is Peggy Tharp I'm a lifelong member of the S Angelo Community and a constituent of Mr silis and I'm concerned about the possibility or the probability of establishing a sand Depot on North Bryant or just off North Bryant on the edge of two residential communities I understand that you all don't have jurisdiction because the zoning is already in place but in the interest of community planning and um so forth I would really like if it at all possible to slow this project down it kind of came in under the radar um people in the community and particularly people in the neighborhoods have not had much time to talk about it it's going to alter the quality of life for those who live in the general vicinity I work live over by the base and work on 39th Street and so I used to drive down Hugh Street going to work every morning and coming home after lunch I no longer do that because the dust is so bad that sometimes when the wind is blowing visibility is practically impossible um I can't imagine living next door to that kind of environment I also live in a neighborhood where our two exit routes are South Bell Street and Avenue L and I think the traffic involved in moving trucks and trains in and out of this area um all day and over on Hugh Street all night sometimes is a serious problem for folks who live on that end of town and I would appreciate appreciate you all's doing anything you can do to slow it down and let us at least think about it before it happens thank you thank you ma'am duly noted and I suppose probably every one of us have got a few calls on this so Jesse thank you

[0:26:45] ma'am thank you mayor council members my name is Jesse Martinez and I too am here to voice my opposition to this uh fracking and sand facility not necessarily the business venture but the location of this Venture I realize that this uh uh issue has not come before the council but it will you know that it's coming and I do not represent any organization but I do speak for many many of my neighbors we do have some uh reasons for opposition our primary concern uh as briefly mentioned a while ago is one of health and safety for sure there will be pollutants coming from this fracking sand they will be into the air that we breathe I do live just one block from this proposed facility and so our concern is that these uh pollutants will be or EXA exacerbate the health issues from some of our children maybe our seniors who already are suffering from respiratory or cardio uh obstruction uh issues so we want to make sure that these pollutants chemicals and toxins aren't in the air causing these types of uh serious uh problems I also urge the council if this uh as this process moves forward to contact the Environmental Protection Agency to conduct a study of air quality control to make sure that the air quality standards are not being violated because I believe that they may be and will be and I think that this Council has an obligation to make sure that the pollutants caused by this fracking sand will not harm our citizens our secondary concern of course is the increase in heavy truck

[0:28:47] traffic it's not right to have 18 wheelers coming down narrow neighborhood streets this is what will happen these 18 wheelers will roll down Avenue H which is where I live 10 ft from my front yard this is inviting tragedy and I don't think that this Council wants that to occur our third concern of course is the protection of our homes I live in a very modest neighborhood we don't have many two-story buildings or brick homes but we are proud of our neighborhood we value our homes um we again want to have assurances from the air quality control that the blowing sand will not harm our vegetation or even do harm to our homes which I think it will be the case so that we want some assurances that this is not going to happen and I don't think that this Council would be in favor of further deterioration and depreciation of our property and our homes which this neighborhood by the way has been around since the 1950s this is where I grew up so this plant wants wants to profit uh and disregard the collateral damage that will happen now we have no problem with the enterprise we have no problem with the business itself as a matter of fact we're pro business our opposition is the location and if the business premise is based on We Believe on Greed then that's evil and the love of money we know is evil so the proposal sight therefore is evil and in closing I know that this issue is going to require legal answers but these legal answers should be reconciled with moral standards and all I ask the council as this uh issue comes forward is that you listen to your conscience and in that your conscience

[0:30:54] Will Will Reveal Your moral character thank you thank you Jesse that was not poito Mr Mayor yes ma'am may I uh for those that are not going to be here at the end of our meeting when we set uh future agenda items I had already decided to place on the agenda for our next meeting for Council to review the definition of light manufacturing and heavy manufacturing uh so that we could look at these issues from the legal standpoint and that's about all I can say at this time thank you Jesse thank you Miss Thor very well said anyone else come ahead Jay exacerbate is that the word you used I tried did you can you spell it I can uh good morning uh mayor manager city council staff my name is Jerry C and uh I am one of the senior leaders of WT and my concern today is uh something that we uh back back quite a few years ago when you were working and some of you were were on the city council had agreed that uh the city would have uh a clear policy that anyone can see what what's really going on Clarity a government and uh and an inclusive government where each one of you guys districts would get uh a share if not a equal share of the tax money that uh uh that you they're spending your your people are spending but my concern today that's these delays delays on 19th Street delays on uh on the uh uh the Chad bur Street quor these things has been on the table for 5 years or more and now there's been all kind of delays and things that has to start all over again to to reinvent the wheel but my concern today is one of of the most

[0:32:58] blatant things that uh uh I think that could be done uh back a few uh a few meetings ago or uh there was a a zone change in the neighborhood that I'm in that's District 4 over there by uh St Paul Baptist Church and I concern was what was going to go in there it was changed and uh this is a good thing now uh this falls under the tear zone for the North and South tear Zone okay now the north side uh tier Zone has his money Southside tiar Zone has their money when it was agreed that there would be a split in the tier Zone and each side would get the use of their own money uh I thought the I call it the Mason Dixon line that's the that's the freeway that was the dividing Point okay now I see that the line has gone further toward downtown to Third Street and the north side uh uh uh money has been used to build these streets over there which is not according to the complete plan but anyway that's another story uh but now the tears board now is want to flip flop again the new property that was zoned for business over there there's a new business coming in over there behind that school between the school and the freeway there's a business coming in which would put that on the uh the north side tier Zone which the tax money from that business would be used to improve the north side business district okay the tear board now want to move the line back again up to where 14th or something which would take uh uh with the new business coming in the tax money would go to the downtown uh business again see this is this is not Clarity in

[0:35:03] government this is R Charles can see see through that you know and that is not that is not fair to the citizens of uh of these areas and we deserve our money being spent where it should be and we expect our city council and our government to honor the commitments that was made back in what 2009 2010 11 whenever all of these plans have been made and had been approved and gone through city council but it's been delayed been delayed delayed delayed and every time that it's brought up the street Scapes are paid for and all of this and uh the engineering they said well the engineering is not done but then they also say that the new people coming in it's their fault because they they don't know it's not the new people's fault because you have computer and all of these people that coming in are very bright intelligent people they can sit down at a table and pick up the job from where it was stopped the last time a sentence was wrote they can pick it up and go from there so we need Clarity in government like we had before and there are those that would rather it's go back to like it was before uh because now you know we're building away from our city and each one of our districts are not getting the use of the money that they should be and uh there's a disproportionate amount of money that's spent out Southwest and it's going to be even more now you building a whole brand new city out Southwest a brand new city and it's not a lot of people don't anything about it but there's a whole brand new city being built out there and tax money everybody say well you know the the contractors that's the contractors yeah I'm sorry it's something to think about just think about it you know and and and I think that the government should honor their word and I heard in a in a speech that uh this would this would happen

[0:37:08] that all of the programs that was on the back burner would be taken care of and I appreciate your time thank you very much thank you Jerry anyone else care to approach hello Carl really quick Carl white parks recreation director want to remind everybody about river River Fest coming up this Friday starting at 7:00 with music at the river stage continuing all day Saturday with lots of activities and ending at 7:00 uh with a concert at the river stage we are watching the weather the hurricane hurricane that hit the Baja area is pushing moisture this way which is fantastic looks like we have chances for rain all week and also this weekend but we're going to have the event Rainer shine I've got some flyers I'll put in the back thank you thank you Carl anyone else welcome back last call all right then let's move on to item number 17 under G which is public hearing and comment this is consideration of approving an amendment to Vision plan common an amendment to the vision plan component of the S Angela whole comprehensive Plan update adopted in 2009 specifically an approximately 21.5 acre track located in the Southeast corner of the intersection of South Bry Boulevard at Ben fckin Road in southern St Angelo Rebecca Gara good morning Mr Mayor members of the council Rebecca Gara planning manager item 17 is a comprehensive plan amendment that is a vision plan Amendment as you all may know um of 21.5 Acres which is located at the southeast corn of Bryant Boulevard in Ben Finland um it is in District One councilman Flemings District it's in the Rio Vista neighborhood now this item and the next item which is item 18 are actually together this is the Walmart item um and so this is the comprehensive plan portion where we're changing the future land use it's the next item where we be changing the zoning so the future land use um the existing future land use is commercial

[0:39:10] in neighborhood and the applicant is proposing to go to Neighborhood Center staff recommends approval for the following reasons before you and in your staff reports the area serves as a key commercial node it's in close proximity to the major thoroughfare it provides effective transition and land uses it's compatible with the existing land uses and it's consistent with the major thoroughfare plan on August the 25th the Planning Commission unanimously recommended approval of the comprehensive plan Amendment the action requested today is to approve case vp1 1404 and amend the vision plan component of the comprehensive plan this concludes staff's presentation we're available for any questions you may have thank you Rodney you want to take the lead on this buddy it's yours I'm I'm going to make this easy I move that we accept the planned Amendment as presented second we do have a motion to accept the amendment as presented I do have a second I'll call for any Council discussion on this at the time anyone care to weigh in call for public comment on this the motion has been made that we accept this I will call for the vote all in favor please say I I any oppose Nay put a 70 on it let's move on now to item number 18 yes sir item I'm apologizing am I getting ahead of you no sir okay item number 18 is the first public heing consideration of introducing an ordinance amending chapter 12 exhibit a zoning ordinance cone of ordinances city of St Angelo PD 1402 kimley horn and Associates an ordinance admitting chapter 12 exhibit a of the code of ordinance the city of San Angelo with said exhibit a of chapter 12 adops zoning regulations use district and zoning map in accordance with the comprehensive plan but changing the zoning and classification of the following property to Wi 3518 3522 2 3526 3602 Ben fckin Road and unaddressed tracks located in the Southeast corner of South frine Boulevard and Ben fckin Road this property specifically being around 21.5 Acres out of the E Herm survey 174 abstract 349 and 2699 Acres of century Terrace block one in South

[0:41:16] Central Stan Angelo changing the zoning classification from a com combination General commercial heavy commercial cgc Ranch and estate r& office commercial Co plan development PD and lowrise multif family residential rm1 to a planned development PD District providing for severe ability and providing a penalty Miss Gara yes sir again this is um item 18 it's the same 21 a half acre site located in District number two as you mentioned previously the existing Zoning for this site is General commercial heavy commercial rench and estate office commercial plan development and multif family residential the applicant is proposing to rezone the property to plan development with an underlining zoning designation of Neighborhood Center I'm sorry neighborhood commercial so this is the proposed concept plan that was introduced um there was an original concept plan which was changed and modified and then introduced on the August 25th Planning Commission meeting so the one that you see before you today um has I'm going to give you a very brief picture of it has four access points one off Jackson two off Bryant one off Ben Finley um you can see that there's parking a minimal amount of parking located fronting uh South Jackson with the majority of it fronting on Bryant um there's also uh two out Parcels located in front of the proposed canopy for a gas station 13 notices were sent within a 200t radius five favorable responses were received from within the radius itself 54 favorable responses were received outside of the radius the map you see before you today in fact shows CH that radius there was also a petition that was received and made part of your packets 77 individuals signed that petition indicating that they were opposed to the request staff's recommendation is approval for the following reasons before you and in your staff reports the area serves a key commercial node it's in close proximity to the major thoroughfare it provides effective transition in land uses it's compatible with existing land uses and it is

[0:43:17] consistent with the major Thorofare plan there were 10 conditions of approval associated with this request that were listed in your staff report on August the 25th the Planning Commission unanimously recommended a denial of the resoning request therefore the action requested today is to approve case pd1 1402 subject to conditions of approval and adopt the ordinance on first reading and I need to make sure that you're aware of the fact that because um of the number of notifications that were received um contrary or that is an objection to the request a super majority vote is required so that is in order for this to pass at minimum six favorable votes votes need to be turned in from this Council this concludes staff's presentation we're available for any questions you may have thank you can all right uh do we start with proponents or do we start can I ask questions about the vote Yes ma'am can you you can you go back to the last vote at the Planning Commission meeting can you tell us uh who was present everyone there was it was a complete Quorum of the um of the commission that's notum there five there was only five I apologize I apologize the chair was not there but there was in fact a quorum okay can you tell me who was there so that I know who voted or who was absent or who was absent the chair was absent there were two two absents right was I don't know anybody oniss because I remember we'll get the names the chair wasn't there and there was one one other person and we'll get those names for you cuz I remember seeing it reported differently that's why I asked Absolutely I'll find that out right now I couldn't find any minutes of the commission uh could you tell me what their reasons were for denial ma'am there was a discussion about tabling the item um that perhaps there needed to be more discussion um it was the applicant and they can come up

[0:45:20] and give you a more sound reason as to why they wanted it to have a vote that day but it was the applicants who asked the Planning Commission to vote on the item that day um and in fact the Planning Commission did so and voted unanimously given the fact that they wanted a decision that day I understand that but I'm trying to understand their reason to deny I I don't know what the discussion was yes ma'am and if if I may Patrick Howard planning and development services director at the meeting uh there was several concerns um primarily about the access of Jackson um as you know this item was tabled from from a previous Planning Commission meeting with the opportunity for the community to meet with the applicant and discuss some of the concerns that they have we believe that most of those concerns were addressed subsequent to the the the uh secondary or the the subsequent submission of a concept plan that was modified greatly um but there were still concerns primarily about the traffic along South Jackson thank you and it was a it was not a unanimous vote it was a 32 vote that's correct we going to get the names for you of those individuals okay we going to start prop with the proponents or the opponents Rodney this is yours you want to get started on it you want to get here's some i' I'd rather hear from the opponents first and then have them come up I think the homeowners association president is going to he's he's giving us some papers saying what they're asking for and some of the changes would you like to speak Stan let's start with Stan Mets uh if you would come up I'm going to give you a few extra minutes stand so that since you're speaking for the group and after you're through then I will open the floor up to other opponents but I am going to limit you to three minutes so let's start with you and uh I would ask that we only hear these things one time if it's already been said we don't need to we don't need

[0:47:22] to say it again so right thank you very much state your name and get started Stan met here on behalf of the Cent Park homeowners association and um I guess just to to to kind of well you know we have been working uh with Walmart and Council and staff uh really since uh Late July mid July and trying to work out and and understand the the cons you know what what the impacts this development would have and then obviously um are have been interested in trying to do what we can to protect the interest of our neighborhood a quiet neighborhood on the Southwest Southeast side of town um and really trying to figure out how we can can mitigate some of those negative impacts um while we have been having these discussions um ongoing for for the last few weeks um you know I think it's safe to say as a group that we still have uh deep concerns about the impacts of what this will do to the area um and to the neighborhoods specifically uh not the least of which is traffic um the uh as has already been pointed out this morning and I'm sure y'all are hearing it every time you get together traffic is more and more a concern and a problem in fact uh it was released just within the last few weeks the Texas A&M Transportation Institute um you know we have now in uh s Angelo we have 19 rights of ways city streets roads in and around s Angelo that that meet their standard to put be put on the list the number one stretch of highway in the city of s Angelo the highest ranking stretch for the worst congestion on this Texas A&M Transportation Institute report released at the end of August uh reflecting 2013 numbers is the stretch of US Highway 87 us 277 commonly called Bryant Boulevard from Houston heart Expressway down to the south end of town so here we are that exactly where we're talking about

[0:49:28] um you know Walmart themselves have indicated that um that they uh their numbers reflect that you have about a 15% um usage of lateral type of entrances as opposed to a main entrance we don't have the map up but what I'm referring to is that South Jackson entr that's that's going to put I'd say at least 300 cars a day on South Jackson that frankly just just aren't there right now um and that's that's a pretty big that's a pretty big jump uh referring to uh this entrance here off of South Jackson what we're talking about and I think at the end of the day the biggest concern um has been and the biggest point of contention has been the access point that particular access point um to to uh between the Walmart proposed Walmart property in South Jackson um and and to the and and more broadly to the neighborhood in general being the South Jackson intersection with Bryant Boulevard and then the new proposed um uh traffic signal up at a more what I guess is considered a main entrance up a little further north all of that said um we have been working back and forth principally with councilman Fleming and have had uh a number of ideas put forth some of which have involved D more decision making on behalf of the city uh in terms of can there be no parking zones on on a particular stretch of a rideway um or um the type of striping or traffic control measures that we could install that would mitigate uh traffic flow into an otherwise limited access neighborhood um to things such as fencing around the property and screening planting of trees um just the general look uh of the property and it what it is facing uh

[0:51:31] certainly the South Jackson area um there has been back and forth and and councilman Fleming and I think that's been given uh around just a rundown of a summary uh the city staff also prepared one of these uh synopsis of of where we stand um on the matters and what we have asked for as a community as a as a homeowners association and then really kind of where Walmart has agreed to do certain things where the city will allow what they will allow what can't be done and so I think at this point um uh you know we would I think Council Fleming knows kind of knows what our issues are and where we would really like to hold firm on trying to get some of these measures um implemented one of which um I would highlight is a a crossbar type uh apparatus over the entrance in South South Jackson all parties agreed um to making that access point a no truck traffic uh entrance um one of the to the point that was raised a minute ago one of the the the concerns that was expressed by the Planning and Zoning uh commissioner who actually moved to to deny the the approval was that he felt like uh that signs only would be inadequate that invariably you would have trucks pulling into there if they know they can if they think they can and so we've requested that a um some type of crossbar we understand that that that the fire marshall has weighed in and that there is a concern for having adequate number of access points for emergency vehicles we're not trying to impede that we think there are any number of options um that could be implemented with the crossbar a breakaway type uh one I actually have a picture we had one resident drive around St Angelo if you want any pictures of crossbars at places around St Angelo we've got them uh that give ideas on how you can have breakaways um that would

[0:53:34] would help that but certainly we feel like that would go a long ways in and being a much more visible deterrent of keeping trucks from running in and out of there as opposed to just some sign that kind of melts away and and is quickly forgotten and not seen anymore um I think some of the other items that that are of of more significance to us is the screening aspect and a wall um at least at minimum along the South Jackson um uh RightWay uh there's been quite a bit of talk back and forth on that on what type of structure would be erected and then any additional screening that might be uh required or not uh that might be in the form of trees whether that's the native vegetation that's there today be left um or plantings of additional trees um you know one of the other uh this is we have we've asked for a a No Parking Zone along the along the uh South Jackson RightWay uh both sides of the street from South Bryant Eastward to the end of South Jackson where it turns into a private Drive um we have spoken to all parties involved that have any uh ownership interest um on either side of that rideway in that entire block and there's no opposition to such a designation um but again that really doesn't depend on Walmart's willingness or ability to do anything or ours that really resides with City and the city staff in determining what what areas or no parking zones um outside of that plan development um the going back to the fence for one second the fence and and what what has been asked for is a is a a wall not unsimilar to that of the one that surrounds um the Walmart on the north side of town it is an 8ft tall masonry wall um and that is what our request has

[0:55:38] been that would require a variance on behalf of the city uh due to the way that is zoned and the i i y'all know that or somebody here knows what all that is but I do know that uh that would require a variance in order to erect uh any structure over 4T uh given the way that's currently worded so we have certainly asked for that um as well and I think uh really that kind of hits more of the uh broader points I think one of the things that has been in my inexperience and and lack of knowledge just maybe enough to be dangerous on this broader topic is how some of this all gets rolled up and put together in what actually is done and uh and when um we do have frankly concerns that if there if some of these requests that we have made that Walmart agrees to um or that are required of them if they are not captured in that plan development and in that language we do feel exposed we feel like it will be difficult to get some compliance on some of these matters down the road um and I think if I had to say you know really kind of any other um concern that we've had about this process is you know we have been dealing throughout with representatives of Walmart in the in in terms of uh attorneys uh that that work you know that are outside hires as well as engineering firms and Walmart itself um you know really maybe yall have had more interaction but it's been kind of a phantom Enterprise to to deal with and and and I do believe a Walmart Representatives here today I've been in town at least one other time and and but have been absent any Walmart representative been absent in this discussion and I I think that is indicative of of how big operations like that work and and kind of stay behind the scenes and when it's time to call somebody that really counts they're nowhere to be found so we are really um asking that that some of these items are

[0:57:41] considered and and and in a timely manner rolled into the um plan development so that we can have the assurances that those will be met and carried out as as agreed to thank there any questions or comments anybody on the rightwing no I just really appreciate the time he spent on this I can't imagine what it's been like being the president of the homeowners association during such this little red folder when I started it it was not when I was president of this Association and it was not intended to be this fat I promise you I think he spent a lot of time uh dealing with the proponent and I I do really appreciate the time you've invested yeah right and I I do want to acknowledge and recognize we do have a number of residents here with us today um you know I think it is also worth pointing out um you know that in in Rebecca's presentation a moment ago the uh five letters in favor and 54 whatever of course those are all interested parties those represent sellers those represent uh you know the the real estate firm or firms that are interested in have a a vested Financial stake in this Enterprise um and as I was quoted in the paper yesterday I have no problem with that whatsoever none at all but the 77 people that signed the petition and you know with with concerns and reservations about this we're the ones that have to live out there and see 300 extra cars a day on South Jackson and see the implications of how this plays out and I think this goes back to some of the concerns that were stated earlier about the the Frack sandal and more central location these are the types of growing pains we're all having to deal with but those are our concerns and they're we're the ones that are going to have to to you know to live with this and so we ask for your consideration in that regard S I have a quick question yes the number 77 is that the number of uh homeowners that are in your Association is that it or how big is

[0:59:44] that yeah that's and I couldn't verify Johnny what what uh number who yes but essentially that would have counted uh the homeowners in our association what the actual total number is I I couldn't even tell you that now that number does not does it or does it not include the folks that live at Century Park is that part of the that does not include okay the residents of the apartment complex in front the association is the neighborhood behind that's correct okay that's behind the apartments centry Terrace Apartments and that subdivision it's the homes uh back behind there yeah I believe there's like 62 I think that's the right number low 60s it's low 60s the actual number of of residences in that uh you know households not res households or um yeah yeah I'll take further comment I'll take further comment at this time from the opponents uh unless anyone else has question opponents yes opponent unless anyone thanks [Applause] Stan I will I will limit the remarks to three minutes I'll do my best and I'll ask that you not repeat over and over the same thing please good morning uh my name is Bob Howley and uh I want to visit a little bit this this morning in response to my need as far as Jackson and Bryant Street uh I uh came before the Council on the 25th and we talked about the some of these issues that came up again this morning but for the benefit of each of you I'd like to to just share with you that I had been on that corner of Jackson and South Bryant since 1999 and at the time that I moved there we chose not to get involved and putting any type of entrance on Jackson Street because of the the homeowners uh living to the right of our property we chose to uh ask and we did receive from the the Texas Department of Transportation to

[1:01:47] put a opening in the front of our building so that we could come off of North Bryant to get into our property um over the the years of course we have grown today uh housing Communications uh has a payroll in San Angelo of $4.5 million we have 9700 97 people working in that office on the corner uh we also have about 85 to 95 vehicles that come into that property every morning to go to work and go home in the afternoon and of course during the lunch hour several of them leave that doesn't include all the the people that come into our property such as sub subcontractors or other people to pick up equipment or whatever now I believe in people being prosperous and being able to move to our city I I I don't think that Walmart needs another store personally but if they want one they want to spend the money that's their business I don't have any problem with Walmart being next door to me I do have a problem with them getting uh access to Jackson Street the reason for that being is that uh when you come off the property or come off a North jackon if you were in St Angelo coming to my property and you need to make a left-and turn to go into my business you go to to a a light which is the inside Lane and if you want to turn in on Jackson Street if there's one car waiting at the stop sign to go to make a right turn go across Jackson going westbound or making a left-and turn going Southbound I can't turn in because they have my my interest blocked so we have to make a U-turn and hope that we can get over in the right-and lane why the light is still in our favor to get into our parking lot it's a it's a congestion issue and I think that with uh the access of Jackson Street or pardon me Jackson Street being open behind my building it will even be a more significant issue um at the meeting that we had on the 25th uh Walmart came up here and stated that they had talked to me about releasing one of my cuts that comes in

[1:03:49] off of North Bryant that they would like if they had that they may not be in a position have to use a Jackson Street exit behind my building for inass and erass number one no one has ever talked to me from Walmart except a gentleman that came out and threw a contract on my desk trying to buy my property and when I refused him he said well don't worry about we'll build around you I thought that was not uh in order of trying to do business in with uh people that cared uh again I had no problem with Walmart being in town uh I have I do have a problem with any type of access on Jackson Street now based on what I just said about mmart and and taking one of my cuts that I have in front I went to the Texas Department and visit with some folks over there and they en they encouraged me or didn't encourage me I encouraged Myself by talking with them that they would consider if I would donate my nearest cut on North side which is right up next to their property line you if you flipped it it would be on their property I have a I I would agree with Walmart this morning to give them that cut so that Texas DOT will just let them move it over on their property which would give them another access into the property and U I don't know if I've got uh if you'll notice where I have the the little Mark my property that cut is right there their property is just just just right in here and I'd be willing to to give them that cut and I would have mine turn uh completely asphalted up make it where it's not available any to anyone if they would consider taking uh and they can put their in oh excuse me I'm sorry uh and they would consider they still have it they could have a street that come in right next to my property and go back to their parking lot behind over near Jackson but just don't use cut off that street that goes out into to Jackson which would

[1:05:51] give them uh they wouldn't need that because that would give them another entance and and I want to talk a little bit about on the north side of their property uh which comes out to just a minute Mr Howley M he's way over his three minutes does council say all right let him talk I'd like for him to finish talk okay Marty I won't take it just a minute John I'll talk fast as I can but if they would consider doing that and uh I would give them that opportunity to have that other uh entry off of Bryant Boulevard and we know that on the North side up here if they would take their their fuel uh area and move it back over on my side back on the what I would call the the south side of business that would also take the the possibility of fire away from a lot of parked cars there and would also give fire department more access to get in and we know in the in the very near future if Walmart starts building here up by uh I guess it's San jento and Ben fckin there'll be another there's another out there and there will be a strip center going there and they'll leaveing be more opportunity for people to get Ingress and egress into Walmart as as time goes by we want to work with them and and uh I don't have any problem doing that provided they would withdraw from an entry on Jackson Street behind my office it's and I think it's a major safety issue if you let that happen uh and we're willing to do that thank you thank you sir anyone else care to speak to this on the opponent's side come ahead sir I am Eddie dismukes and I am here on behalf of all the people of St Angelo who are concerned about their water but before I start which is going to be less

[1:07:54] than three minutes I won't be as long as Bob I promise I want all the people with Sentry Park to stand up please so that will give you an indication who's here with centry Park but I'm here for the people of St Angelo who are concerned about their water first of all Walmart has AOS proposed the site is right on top of our drinking water that goes right down to Lone Wolf D and that's where we get our drinking water that's right on top of it and you would think that that's not a big problem because they have all these deals that say they're going to do wonderful things to prevent pollution of our water on January 22nd 2004 the Kataba rivere Keeper in BM North Carolina Walmart was a practice of storing tons of lawn and garden products on pellets outdoor in the parking lot these contain chemicals that are known to cause birth defects or other reproduction harm and are extremely toxic to Aquatic Life Walmart's practice of stockpiling tons of these chemicals outdoors in the Open results of chemicals washing into storm drains when it rains storm drain collection system eventually discharge accumulated rainwater to streams they're right on the top of our water they don't have to go into anywhere else to get it it's going right there that's into our primary source of drinking water August 2005 in Connecticut Walmart agreed to pay 1.15 million for threatening rivers and streams with chemical pollution I'm sure before all that situation started they said no problem we've got it under control well they paid 1.15 million we don't want to be involved in that we want they can find another place in Stan Angelo large

[1:09:57] parking lots such as Walmarts generate huge volumes of polluted storm water runoff each acre of parking service produces average runoff of 25,000 gallons of water during a 1 in rain we had a seven R inch rain the other day oh I've got others to tell you but I'm running short of time I just want to say that that uh I think Walmart could find a better place uh than where this area is that will not pollute our water so I am asking the city of San Angelo the people of St Angelo to do something about our water I'm concerned about it thank you thank you [Applause] sir next anyone else care to speak in opposition let's turn it over to the proponents then and I'll ask the Walmart good morning Mr mayor council members my name is Mike Murray and and I am an attorney uh with the law firm of McMahon servic subtle and abalene uh I am land use Council for for uh Walmart in this project I have with me uh Dan skean who is the project engineer and we also have Kelly dur uh with Walmart so if there's specific corporate related questions Kelly Can field those is she the Phantom she is the Phantom okay um I kind of do we have the original site plan that we had proposed Dan um I don't think it's in there I don't think it's on there could do you have a pointer and I'll we can just kind of walk through kind of what we'd kind of as a background we we came to

[1:12:00] the City January February and started discussing with the city what we wanted to do on this project um at the time um we came forward we we put in a plan um we requested our zoning in June we came to planning and zoning uh the project was tabled based upon some opposition and we we were given the opportunity to go work with the neighborhood at the time in June what we had planned were you can see here we had two proposed access points on Jackson Street one kind of in the middle of the project and one on the far East we also had a number of uh loading docks on the Southeast Corner uh and then the parking field immediately south of the building here extended almost all the way to Jackson Street we met with the neighborhood association it in July listened to their concern s and went back to the drawing board and put the plan that was presented to Planning and Zoning that plan eliminates the the one of the access points on Jackson it also flips the the park the truck loading and all trucks are now located on the Northern end and we'll access the property from the Bryant Street access we also reduce the parking field to the south of the building and there's now approximately 120 ft more or less from the ride of way to the beginning of the parking field and that's the plan that we came forward with the existing um or the drive that we have proposed is roughly in the location of an existing access easement that provides access from uh the property uh to Jackson Street right now so we we're planning to build that drive in our existing access easement um a couple of of um in the staff presentation they indicated that the two front Parcels would be out parcels and those are not going to be out Parcels those are uh open area landscape and green space that we're going to leave on

[1:14:05] the front there won't there won't be any out Parcels like you would typically see and other Walmarts so this is what we came back with um we met with the council and it was and the the vote I'm sorry the Planning and Zoning commission the vote was 3 to2 to deny and it really I think the the denial stemmed on on the Jackson Street access and whether or not um that access is appropriate um you know for for our site plan to work we need that Jackson Street access um Mr howley's comments about donating the drive along Bryant to give us three access points along Bryant we would still need to go to Tech do and get a variance for our for our access drive and so that's not a guarantee that we would be able to get that access point um due to the speed limit and the spacing of drives all along that area we would my understanding is we don't meet the necessary criteria to get those access points um so what we have proposed to the homeowners association is the traffic control and mitigation issues along Jackson Street striping no parking um things like that if the city will approve those those are things that we're willing to do I know one of the questions was a crosswalk the staff proposal before you indicated the crosswalk would be a Bryant in Jackson and it's our understanding that the crosswalk is actually wanted in the middle and so we would we would be willing to to put that in if if those are things the city would approve um I think the two sticking points Beyond Jack the Jackson Street access are the the type of screening wall that would be built there uh at the HOA meeting we had in July we suggested building a 6 foot wooden fence with stone columns that's

[1:16:10] similar to what the HOA currently has the staff report has come back and and suggested a 4ft screening fence to which we still prefer the wooden fence but as I indicated to the HOA into Council and Fleming yesterday by email Walmart would would agree to build a 6- foot pre-cast concrete screening wall uh and and that is the wall this this is a picture of that and this is the type of wall that is located at the North uh St Angelo Walmart and that is a 6- foot pre-cast wall not an 8ft wall um to so we would we would be willing to to do that 6ot wall uh in that area as to the landscape our plan is to leave as much of this is a picture of kind of the the native area our plan would be to leave as many of those mature trees as is possible there uh inside the wall so that you would see the wall first and then the tree canopy over the top of the wall and then where there are gaps necessary we would fill those in um the staff proposed or in the report would would basically double the amount of trees that that Walmart had proposed to build or to install we had we have 32 trees and the staff report would would take us up to 65 the additional landscape that's been requested by the HOA is unnecessary if we're able to keep this native vegetative buffer in there behind the wall so with with that I'm I'm happy to answer any questions Dan can answer any of the engineering type questions and Kelly can answer any any of the specific questions would you be opposed to that crossb cross barar the Breakaway our preference is not to do that uh if the city requires it we will but our preference would not to do it we think it impedes traffic generally um 95% of the truck traffic that comes to this site are controlled

[1:18:15] access trucks meaning they're Walmart trucks those drivers have explicit instructions to to enter and exit on the North uh Bryant or I'm sorry on the Northern access the only other trucks that would be coming here would be your vendor trucks Beer soda bread Etc and those trucks also are given explicit directions on how to access the site so there is you know there are other trucks not semis and or you know that are private vehicle trucks that are going to come in here and that crossbar hinders traffic generally it also can create a problem with the emergency vehicle vehicles but well it would have to be a breakaway because once the truck gets in there there's no way to get out right so I Dan yeah like Mike said not opposed to it but obviously we don't feel the need for it but at the city's discretion okay I don't think that's a bad idea mayor the I think if it's we use something that is not going to damage a vehicle I'm much more concerned about emergency vehicles getting in than anything so I want to I want to protect the the taxpayers equipment as well so you say no Breakaway bar I would be okay with a breakaway bar as long as it's something again that's not going to hurt our emergency access that's way I I don't have a problem with as long as it's a breakaway but it's it's going to have to be a breakaway is Ross here yes Ross Ross Coleman are you here Dan how how tall are those Breakaway bars I mean how what what is the height requirement or we can set that height however you want we'd coordinate with the fire department to set that height on what they need for their vehicles see thank you sir Charlotte I have experience with Breakaway bars in communities apartment communities and and I'll give you the location on Lindenwood uh there at the end where dead ends and Creekside Apartments built in there and they were required to put in a breakaway bar which stayed broken

[1:20:18] most of the time with uh people that drove through it uh uh just because and they don't seem to work like they should in a heavy traffic uh areas people get U aggravated because they don't come up and down fast enough Ross Ross Ross what what height requirement would we need for one for that ladder truck that ladder truck is the biggest truck we have right yes it's about 13 and 1/2 ft so 14 ft probably to the bottom so even if we if we made it where it wouldn't block that truck then you're pretty much knocking out any other truck that would that would go through 18 wheelers are going to be a little bit higher with on they will be taller yeah on the cargo side ladder truck yeah the very top of the ladder is going to be about 13 and a half if I remember correctly and so it would be possible for us possibly to put in one of these at like 14 ft or something like that and just just above what we have to look at Walmart specs on their trucks and see how high they're riding what what my feeling is on this and I've met with them believe me this is I've had more meetings on this and more phone calls I had on the trash situation that we had um I would rather give them give the neighborhood a few things if and I don't know how this vote's going to go anyways but it my opinion is that we would give them a few of these things that they're asking for the variance on the on the the rock wall I think that we should give them the the variance on the rock wall we'll have to bring it back to us but instead of doing a 4-foot cast pre-cast stone wall it should be at a minimum 6 feet I would like 8T but I think we could get by with six feet with the natural cover that's back behind their stand I think that would work out pretty good and the amount of uh vet vit vegetation that they're asking saying that they're going to plant back behind there the bigger trees that would be back there so I think if we came back with a six foot wall that would work give them the crossbar that they're they're asking for I'm trying to make make them as happy as I can I'm not making the homeowners happy they're not going to be happy with me at all on how I'm going to vote on this situation but

[1:22:20] I'm trying to give them a few of the things that they're asking for and I know that Walmart can afford to do these things that Breakaway bar is not going to cost anything and the big scheme of things it's going to be nothing um the pre-cast wall really is not going to be that much more expensive than a 4-foot wall once you get started on that so I think that we should move forward on those two things they weren't asking really the I was proud of the homeowners association because in the end when I first started meeting with them they were asking for a lot a whole lot of things that would just we just couldn't do and Walmart wasn't going going to do and us as a city are not able to make them do these things they they really paired it down no we're not they really paired it down and they really made a lot of changes to this situation and I think that it's a bad situation but try to give them a few of the things that they're asking for and I think these things are possible for us to provide to them the Breakaway thing that's not that big of a deal to ask for if we build it just a foot higher than the than the ladder truck then it's not going to affect the ladder truck it would affect the the the truck trucks that would come through there this is my opinion on this and we're and again you know it's our preference microphone please sir sir again it's our preference not to do it but if if that's something y'all want it it is doable and we just coordinate with the fire department on what would be an appropriate height uh and you mentioned our trucks our trucks better not be on Jackson Street right so they better be up on the North End of the property so um you know that shouldn't be a concern there Ross I think that's all we need for you thank you Ross no I have a question for you you you do need this Jackson Street entrance yes sir um we did an evaluation and if you look at the North uh West Side you have the uh three well there's actually four proposed entrances the Jackson Street the one right in front of the store um up at the top and then that Ben fckin area the problem is that um in a traditional emergency when everybody's trying to get out our fire department's going to be trying to get in it's not a good practice for us with a big truck to try to maneuver through a parking lot um so

[1:24:24] we have everything concentrated in that one area and then we also have our one of our main targeted hazards which is the fueling Island so uh Mr howy came to my office we talked about that he discussed moving that and I told him well you know if that was something y'all decided to do we would revisit the issue but right now as it stands we do need remote access and and uh just plainly obvious that Jackson Street access gets us directly next to the building directly next next to it okay so that's important thank you Ross Charlotte do you have a comment yes I have a comment then I have a question for Mr Howley uh when I finish the comment this is going to surprise a lot of people coming from my argument in my fight on the Southland uh drive here recently but I do want to point out that U Jackson Street is five Lanes it's wide it's curved and it's wide the center lane is a turning lane all the way down and I also want to point point out that the residents of the apartments as well as the homeowners back there have another point of Ingress and egress on Sentry drive that is just to the south of the property which is a a relief route right there and you know if we put things up on Jackson you know what's to stop uh if if uh Shane is here he could say when we stop traffic in one place it diverts to someplace else and it's going to divert down to C your drive I assure you it truly will and that is a huge huge difference in the position and I've worked with Walmart I've met with them uh separately and looked at their plans and have found them easy to work for I did address with them the storm water runoff drainage issue because that is a problem area and they sent me their requirements of what they would be doing and to effectively handle storm water runoff I appreciate their quick response it was something they didn't dream up it was already on the table to send it back to me that quick I do appreciate that

[1:26:27] and and they are willing to do anything further that City Engineers feel that is necessary for stor storm water runoff and the question I have for Mr Howley is in your and I did drive the property drove all the way around down into Sentry all the way down to the clubhouse and back out several times um does your truck yard have an entrance for your truck vehicles on Jackson at behind your your building no does not okay would you be um opposed since there is a turn lane in there would you be opposed and I've not asked Walmart this if they were willing to put an entrance just a paved entrance for you to have a gate for your employees you know that slides back and forth to enter from that point is that a possibility no ma'am no ma'am okay uh got my questions and got my answers and that's all I had to say thank you any further comment I've got a I've got a quick comment on the I'll get I'll get you in just a minute Stan on the crossbar idea I mean if you guys are okay with it I mean that's fine but if you're going to make it 14 ft tall I mean wh why even have one I mean if a lot of vehicles can get under that anyway I mean it seems like we're I think the the goal would be to detour any 18wheeler trucks that that that come through there and and Dead End deters you know and that would again we don't think it's necessary but we'll do it if that's something that that you know makes makes you guys um if it helps address their concerns one one quot point to councilwoman Farmers comments if we don't have the access along Jackson people are going to turn on Jackson Street assuming they can get into into the Walmart if there is no access they have no relief valve except into the neighborhood that's what concerns me about the cross I mean if an 18wheeler does turn down there by accident they have no place to go once

[1:28:30] they get there but to go through the neighborhood to get out true so if the Jackson is is removed from the plan you know we we ultimately think it will have a a bigger effect on the neighborhood than with the access Street or or it could so further Johnny I think that's the idea of maybe putting a big large sign uh that no 18 wheelers allowed down that road cuz you know they're not going to drive if I'm driving an 18wheeler I'm not going to drive into the neighborhood I'm going to make it try to make a u-turn at that five Lane uh Street anyway I'm not going to drive into uh the apartments or the homeowners area back there I'm going to try to swing that thing around but maybe the idea of the sign I don't we're going to put we will put signs along Jackson and our entrance and exit that indicate that no truck access is allowed there again you know signs on the street really fall within the the the city if if the city will allow those we'll do those we're also willing to put up uh no access no Public Access dead end other sign signage along here to deter traffic back into the private Drive area uh if if those are agreeable with the city well I pull a trailer everywhere and I don't get anywhere if I can't see the way out any other comments from Council Stan did you have something else you wanted to say Sir if I may address just for a moment to some of these points that have been raised to councilwoman farmer you know Sentry drive we do have that entrance but it's right turn in only right turnout it's not a four-way we can't turn South out of that entrance so it is there is an entrance point and an exit but it's limited um point one um as far as the break are the crossbar is concerned I mean a couple of points there we we're certainly uh amenable to kind of whatever type of bar uh in fact one idea and we're not cross bar

[1:30:33] Engineers by any stretch but one idea that was thrown out is is if I don't know what the width of that is let's just call it for conversation sake 30 ft if you did two bars that didn't necessarily go all the way across and had a little Gap in the middle or something like that where you had two you know that that come up from either either side that could allow something like the fire Tru with a ladder down the middle you hit that Gap and you're good I don't know I'm not that engineer but I think this is something I mean it really goes back to the idea Johnny for for for our it's it's not only the Walmart trucks it's it's any trucks running up and down that little Street and and it is a wide street but that street is not used it's not been kept up and it's really not the right place for truck traffic and and it's not only that it's it's the sand trucks that we're worried about I mean Walmart did agree to make this uh parking lot a no overnight parking um at at at our request I don't know that that was the request of of the Planning Commission but but nonetheless it's there what we don't really want to see though is that sand trucks or any other trucks instead of turning in there just wheel back around and go uh along South Jackson and use that to park on or whatever you know so it's those concerns it's not just that and and I I agree with you uh councilman self that that you know there it can cause problems having that Breakaway bar there but that's the whole point of why we want it it is much more of a deterrent than just a sign that gets ignored day in and day out I've got a letter here um that is and and you were sent this note um where in a store in Dallas Texas on Greenville venue recently and this is unfolding as we speak uh this this letter was dated August 27th um where you know assurances and Promises had been made about no trucks up and down these streets delivering to

[1:32:34] one of these neighborhood neighborhood stores my sister lives three blocks from this from this Walmart neighborhood store in Dallas and um you know there's all these assurances made of no trucks will be going down this street and those trucks will be going down that street and we won't have trucks in the middle of the night over here and there and I can show you pictures of Walmart trucks chunks of them embedded in trees in that neighborhood going down the streets that they promis not to so while they can say yeah we're going to make sure our drivers know that the to the extent that that's followed or not we don't know and we have reason to believe that you know maybe not everybody gets the memo um so I think that's a that's a uh that really really all of these concerns drive home our point of why we would want a much more visible deterrent in addition to signage lastly um I have here a tape measure I've got two pictures on my phone from the north Walmart store that wall is 8T tall it's right here on this with the tape measure on it it was taken yesterday afternoon about 7:00 we don't see any reason if they can build one in North San Angelo why they can't build an 8ft wall in South San Angelo along that strip um and to the point about the water quality we would certainly like to make sure that aside from the storm water runoff issues and I'm sure they're being adequately addressed I think the point that Eddie makes about storage of chemicals fertilizers and whatnot in a garden center that's probably more towards the back of the store that is closer in proximity to that River in the South Concho that we make sure that those types of issues are avoid it at all cost um and that that's addressed upfront and now thanks Dan M Hasley I'm gonna have to go we're about to have call for the vote just have a couple comments I want to make on our meeting on the 25th with Walmart Mike was here uh the the

[1:34:38] question came up about the other entrance off of Bryant Boulevard and they and they basically said in their thought process was that if they had that maybe the entrance on Jackson Street wouldn't wouldn't need to be I'm making that available to them today I feel 100% secure that the the Texas stock will do that because it had a long visit with him yesterday uh if you move the the the gas pumps over to my side it's basically the same layout as they have on out at the other store on the west side and then there won't be a reason to even have to worry about all these breakouts excuse me all the breakouts and getting on Jackson Street Jackson Street is going to be a disaster for Bob Howley if you approve that please take in consideration that I've been there since 99 I understand what happens out there and that that property has uh has always been there and it's always been a little bit of an issue but it's not bad but you add all these other people to it it's a major major issue and to answer your question if you use the other entrance on centry Park you can turn right but that's the only place you can go you it's just you're just letting them get on South on North B just a little earlier but thank you for asking that but today I'm telling the city council we can make that work without using Jackson Street and you'll have a happy group you let people go into Jackson Street and I think everyone here will be sorry when it's when after they see it later on and we will have some real issues with accidents it's going to be very difficult for me to get that many people in my office in the morning because of that and I think that the people that have been there the longest has should have some consideration and please remember I'm willing to do what I said I would do about closing that entry and giving it to them it was all right in the meeting before today evidently it's not but uh the way they talked in the last meeting they could they could do a lot better if they had that opening and we're providing that for them thank you appreciate your interest call for the vote no I I tell you Rodney why don't

[1:36:42] you uh why don't you make a motion put your put your qualifications in here and let's vote on this I moved that we can can I ask one thing to add to one of the conditions one of the conditions is that there be no over no overnight parking and no parking longer than 12 hours if you would have amend that condition to require Walmart to put signs in the parking lot that helps with our enforcement of that when we can point to the sign and tell them you know this is required by code for us to do that that that just helps us and we found that that's the case when when we need to do that in the past we like to do that I move that we accept the conditions as proposed with the following exceptions change the or allow Walmart to put in the signs on item number five on item number six we move or I would like it to be changed and this is we'll have to make a variance we'll have to bring it back for a variance but I would like for it to be a 8ot cast stone wall just like the one that's on North on the North side and then I would like to add number 12 a breake weight crossbar shall be installed on Jackson Street Street entrance to development I think stand actually it shouldn't go across both lanes it should only go across one lane because you're only trying to block the entering Lane and I however it needs to be designed I think there's something there I think we design they'll come up with somewhere and that's at the expense of Walmart that's it motion has been made that we accept this with an 8ft wall with some type of a breakaway bar to be engineered and what was the last one the signage on the because we because of the Co Way the code is written we have to allow them to do that I believe mayor yes ma'am may I ask that he consider several additions to his motion you may ask uh the internalization of fertilizers or any other chemicals be U be only offered within the building and not in any sort of outdoor Arrangement can we Patrick

[1:38:46] can we do that sure you can Walmart can is there something that that y'all could accept the outdoor storage is permitted in in the area by by zoning and so when you're working on a planed development District you're working on a a unique ordinance so I agree um I don't know to be honest I don't know if that's something that that is doable from an operational standpoint or not right now if I go to a Walmart store I can buy fer izer pool chemicals inside the store yeah um that's correct you can you can do that but they're typically in our outdoor Garden Center and not internal to the building um and and I just don't know from an operational standpoint if that's even something that we can do I don't want to get too far off his motion mayor but I will tell you the only opposition that I had from people that were not in Century Park were those that were concerned about proximity to the river so I think that that you know from the the larger Community standpoint that's something that would would help some of those concerns you want to add that Rodney yes okay yes sir I say one thing we have done to address that problem or that that concern I should say is um due to the proximity of the river we've Incorporated a storage detention Basin on site to where all the water would be ratted through that Basin giving if there was a discharge as a um Stan referenced earlier that it would be captured in the detention Basin prior to any kind of release to koncho River that was one of the concerns I believe that's uh council member farmer had was you know that that discharge and so we took that into account in our initial design so that if there was any kind of chemical release whether that's fertilizer or whether that's just uh something in the parking lot itself that would be captured in that detention Basin have a chance to settle out and be be addressed prior to any kind of discharge into koncho

[1:40:49] River and I might add that the CRA Colorado River Authority has gauges all along the aoya and they do test the water at the Southwest door uh the flow that comes down through there and I'm sure it would be feasible for them to put another gauge in to check periodically that quality so if you don't want to add that don't and we'll monitor it another way and if we have to do something and force them to do that later we can do that through I prer not to to add it at this time and and it was just brought forward to my attention that I can't ask for the 8ot fence what I can ask for is that the city council would like for you guys to come back and do an 8ot fence because we have to that has to be put on the agenda and we have to do a vote on the variance on that I don't care about an 8ft fence I think a 6ot is fine well it's not 6ot EI Liz it's not 6ot it's 4ot I would be happy with a 6ot fence because I I don't like us recommending things that generally the population can't have but it's the same thing we can't we can't force them to do that until it comes back for the variance and we get the variance to pass correct sir you are correct however it's the Zoning Board of adjustment that can only Grant the variances so what you can do today is indicate your support for such a such a height however it when it goes forward to the zba and staff puts it forward we'll be more than happy to put that in the staff report you could put a six- foot fence in this ordinance right now couldn't you we could not we do we cannot um Grant we cannot indicate that something will be done with without a variance being granted why is a variance necessary for a 6ot fence uh because it's adjacent to a right of way um and in this okay side lines yes ma'am fence and that's the reason I'd rather have a six foot fence there so the condition will read it's a minimum 4 foot however you've indicated on the record Walmart has indicated on the record um that they're willing to go to either six or 8 feet if you indicate on the record that you're willing to support it we will put that in the staff report and it will'll look forward to the CBA I'm good with that even though it's not going to be in the report whatever you tell us to do

[1:42:52] when we go to the Zoning Board of adjustment we'll do it again in the end I'm more concerned about the safety of the entire Community understand Elizabeth is that the only addition you I I think I've been addition out so I'll I'll stop now not addition anybody want to Second this I'm going to second that okay okay we do have a motion that we accept the Walmart Proposal with the requirement that we would ask for at 8ft fence which would go through the Zoning Board of adjustments to be approved that we allow for signage that says no overnight parking I'll tell uh what was the other one so they're reflective on these conditions that you see before you that have been amended from the PD conditions that councilman Flemming has indicated so it would your approval would be subject to 12 conditions of approval as listed in the PowerPoint and that you've discussed with the addition of the of the Breakaway crossbar very well so subject to 12 conditions and we'll pass that on to the clerk yes you you keep comfortable with that Rodney I am are you comfortable with it John yes sir motion has been made we have had a second we have had a we have had discussion from the opponents we have had discussion from the proponents and if there's no further Council discussion I'm going to call for the vote all in favor please say I I any oppose Nay put a 70 and let's take a break it is 10:45 I'm calling for about a 15 20 minute break four and let's call this Mee back to order oh okay Lord Almighty I apologize and we're going to drop back now to the very first of our agenda and we're going to deal with consent we did have one citizen that ask for item number 16 to be pulled off and put on the regular agenda does anyone on the council wish to pull that off yes okay Charlotte has pulled item number 16 from the consent and we'll add it to the agenda to the regular agenda do I

[1:44:55] have any any other council members that wish to pull anything with the consent and send it to the regular do I have any council member that have any comments that they want to make Charlotte uh 2 3 4 6 9 10 and of course 16 two 4 3 2 3 4 6 9 10 and then of course 16 all right that's about half of it on the regular agenda anybody else want to pull the rest of them I'll entertain a motion to approve one 5 7 8 11 12 13 14 and 15 so moved do I have a second second done I do have a motion to pull these that have not been moved to the regular agenda as I have enumerated I do have a second do I have any Council discussion on these items do I have any public comment on the items as we have proposed them then I will call for the vote all in favor please say I I oppose nay let's move on then to number two which is consideration of authorizing an increase amount for awarded contract VM 0114 light duty vehicles from not to exceed 150,000 to not exceed 550 50,000 to include remaining fiscal year 14 and fiscal year 215 uh Mr Kramer will be handling it what is your problem Charlotte what is I got lots of problems but when it concern Charlotte I'm sorry can I can I ask step to come up here please I my computer thanks sorry when it uh concerns you know these kinds of monies I just don't want to rubber stamp everything and have the public think we're rub rubber stamping because it is a council manager uh uh char hard that we do things so I would like to ask the questions the amount of monies that we're talking about in the light duty

[1:46:57] Vehicles is in the proposed budget yes ma'am budgeted out of general fund and water fund and that's what I needed to clarify I just wanted the public to know that we have discussed these and uh it is in the budget so it's not something additional motion to approve second do I have a motion to approve in a second do I have further Council discussion do I have Council uh do I have uh discussion from the public call for the vote all in favor please say I I oppose Nay put a 70 on that one 60 that's right Elizabeth scull number three consideration of rewarding bid VM 814 annual Generator Service not to exceed $4,000 annual to GPC Services authorizing the city manager to execute any necessary related documents Miss farmer my question on this is why we've got this on the agenda if the city manager has up to $50,000 approval was was curious is wi's on here if I may um I believe that since we went out for bid on this um and perhaps Roger Banks can speak to that but uh that was the that was a recommendation motion to approve second and I'm also glad that's a local company I'm I didn't even recognize that very good a local company I thought it was cada Kudos well probably we do have a motion to approve we do have a second uh you with a second Don yes sir okay further conso consideration public comment all in favor please say I I oppose Nay put a 60 on that one number four consideration awarding VM 1114 vcom vacuum truck utilizing buyboard contract 43013 in the amount of 321 154,000 a freight liner of Austin authorizing city manager to execute any necessary related documents Miss farmer my question is the same this has been discussed prior and is in the budget and been previously approved so it's finally come through and going to the by board and that's just an explanation to the public out there who sees the topics but maybe is

[1:49:00] not aware of the prior discussion or in the budget move to approve second do have a motion to approv with a second further discussion public discussion all in favor please say I I oppose Nay put a 70 on that one number six consideration of approving the city of St Angelo Development Corporation C DC board of directors authorization to secure transfer to Costa DC of a certain affordable housing first lend deed of trust from Crockett National Bank for a suo on the Note Plus cost not to exceed $56,500 for purposes of retaining the subject property located at 2013 Hudson Street and affordable housing Miss farmer Mr Solace is this what you had called me about to clarify when I had asked if this gave us you know a clear that we were paying off a balance deed situation on those units that we had prior approved uh no it's not this is a separate action explain to me what this is this is basically part of the foreclosure process of one of our clients who has defaulted on the mortgage and for us to keep it in the affordable housing uh program we need to cure the lean the bank's lean and that's what this is okay and what are are your plans from this point if you're taking in putting this into our inventory with this lean what will you do with it we will quickly uh clean it up and sell it we have on the list that are interested so it should be a very quick deal move to approve second motion to approve with a second further discussion public discussion all in favor please say I I oppose Nay put a 60 on that one number nine consideration of authorizing the city manager to execute the Nexus is incorporated a Texas di or vendor agreement in the amount of 82689 to upgrade the city Cisco voice over IP phone system with the latest Hardware and software Mr eids short the reason I asked the pullet to discuss is I I understand the purpose and the need for this is to update you know our system and I see it as you know it's kind of like giving birth to a child uh

[1:51:03] when you it gets here and size zero to 3 months and then we go in first pair of shoes and running shoes and we just simply are upgrading and this is something that is in the budget approve system uh just wanted to make that clear that not spending anything additional that this is is a budgeted item to update services to the citizens move to approve second do have a motion and a second any discussion Council or public all in favor please say I I oppose nay number 10 consideration of approving of request for permit for the transport and disposal of garbage trash and debris within the S Angelo city limits in any service that is allowed by state law or city ordinance that does not conflict with the city's contract with Republic Waste Services of Texas Republic and the exclusive exive rights granted by that contract to Republic for jbar Solutions and to authorize the city manager to execute any necessary related document Miss fmer please explain to the public what this is so that they will understand briefly this is just uh a permit so that uh JB bar Solutions a um waste Hauling Company can actually utilize our streets to get to our dump to dump the the loads of waste that they have collected from outside the city limits okay because of confusion out there uh amongst uh folks I wanted clarification on the record for those that are watching today I don't have any other questions so I'll move to approve second approve and a second Council comments public comments all in favor please say I I oppose Nay put a drop of 60 on that one number 16 second hearing consideration with adopting an ordinance levying property taxes for the city of St Angelo for the 214 tax year and ordinance fixing and leing AD valorium taxes for the current tax tax year for use and supporting the municipal government of the city of St Angelo Texas for the 214 215 budget year providing for the assessment and collection thereof providing when the tax shall become due providing when the tax shall become delinquent providing for exemptions providing for severability providing for publication

[1:53:06] on the city operated website providing for an effective date Miss farmer I didn't pull this we had a citizen did I authorized uh that the citizens request to be honored uh I will take the opportunity to point out again for those who are not aware that your property tax consist of three different venues the school district the county and the city and the city Only controls their portion of the tax rate and this Council has either lowered or maintained the last 10 years we have reduced total of 10 cents uh on valuation of a 100 the city has not increased property taxes and we do not intend to increase them this go around and this is the second reading of that and if that answers the lady in the audience that requested it that's what it is or if she'd like to speak I'm more than happy to hear from her do I have public comment on this I'll ask you to identify yourself and I've given you three minutes ma'am okay my name is Deborah Bailey and I realized that the taxes rate is going to stay the same it's not changing however our property values have increased so all of our taxes have increased and again I realize that the city controls only the part that the the city controls that the school board and the county control the other two parts uh the city did put out a film Tain why we have such high property taxes which we do have the city high has one of the highest in the state as far as U just the city taxes um throughout their film they have uh tried to justify the higher rate in St Angelo used and they've used the word comparable repeatedly I'm not sure why anyone thinks that the city of St Angelo should have comparable Revenue to the cities of Midland and Odessa which T Falls and

[1:55:08] abing um decided that the average value of a home in St Angelo is lower than in these other cities therefore we should pay more taxes so the city has comparable Revenue uh perhaps the average home value is lower because the average wage in St Angelo is lower I didn't see any comparison of wages in their film discussed in the film s Angelo lacks a commercial and Industrial tax base I don't think that homeowner should be expected to make up for that tax base uh isn't the lack of Commerce and Industry by Design St Angel's never been known as wel as welcoming for industry look at the reaction when the oil boom came to town but the homeowners need to make up for the loss of a of an income that we never had uh San Angelo has a smallest population of these cities that alone should say that stt Angelo would collect more would collect less taxes since the tax base is smaller it also explains why the city collects Less in sales tax the city will see an increase of 4.4 million in tax revenue due to an increase in home values and an increase in sales tax dur in this next year and it appears that they plan to spend every dime of it uh I agree we need to increase the wages of our police officers I don't think that that justifies an across the board 5% rise for all city employees and what happens when the the value of our homes drops the city's already budgeted to spend all of the money I think a better plan would be to increase the budget by 3 to 4% and give homeowners a break thank you thank you very much ma'am if if I could uh what you say you know is accurate to a point if if I may for the council uh the comparison when we compare to other cities and we as a council have been trying to bring city employees and and salaries up to at least 85 90% of the national averages in

[1:57:13] order to do that they're paid out of property taxes in order to bring those wages up um it's um that's the difference in your theory in order for us to increase in order for us to take care of the infrastructure and to fix streets and to do the things that's what is PID it's paid from is those property taxes and we have been conscious of the property values going up and we have not raised that rate because we are getting more Monies to help pay for infrastructure items and other items in the city and to bring those Sal up to a living wage if anyone else up here would like to chime in on the explanation of that I would love to hear it I would just also like to say s Angelo does give a an exemption as a homestead exemption and these other cities do not give some of them give none and they give lesser amounts so homeowners still get an exemption which tries to balance this out I understand exactly what you're saying and we've had the same discussions uh good points ma'am Rodney yes I think one of the reasons why we're compared to these other cities is because of the size of the St Angelo um there aren't just a lot of cities unless they're mega cities or they're very small towns that are that size so that's how we got grouped in with that group when you're looking at that group and I've been told this pretty much my whole life San Angelo is one of the largest cities in the United States that's not on an interstate well the interstate is what makes the difference on the Commerce for for a big portion of that and that's why we don't have as much commercial uh businesses taking place here as in those those sister cities over there the the one thing that I'll say and I think that we're getting better as this as a city council is that past City councils and past staff in have we've kicked this can so far down the road on improvements to our infrastructure that someone has to

[1:59:18] eventually suck it up and do it and we're going to have to be th those people I don't want my kids I don't want s Angelo to be in bankruptcy when our system is falling down around us and I'm not going to T cut taxes in order to save just a little bit of money when you're talking $4.5 million do right now just in in roads alone we have $150 million that we could put out there right now to try to improve the roads inside of our city we're so far behind that that that one point or that 4.5 is not it's a drop in the bucket so we can't we can't do that I I don't think we can do that we can't cut and we and in fact I would you know I wouldn't be opposed to raising it somewhat but I think it's good that we left it here right now and I think we've started on the right path of going down and and accepting responsibility for our past in the past so many people that have been up here in these positions have sat there and and tried to appease their constituents out there and try to say okay well I'm going to do what you want I'll lower the taxes or I'll do this you know I want to do what you guys want to do but I'm not going to do it that's going to hurt the whole city as a whole Don one of the things also on property evaluation is that's driven by the state for the school districts there has to be uh close to a 95% uh valuation for those things to get the maximum amount of of money from the school district along with that a lot of people are are hurting from the fact that the school district uh year before last dropped their their homestead exemption and now that's coming up on our on our bills for our taxes um you know even though the SI the school district has a surplus this year they're still not re uh evaluating looking at their exemption for for the uh residences so all those things together is is what's causing the problem and one

[2:01:22] further Point some cities pay a hospital tax s Angelo does not do that and if I am not mistaken and I'll apologize if I am but I think abene also pays a hospital tax on top of their city taxes and if I'm also not mistaken I think that Odessa Midland pay a college tax which is on top of their so you know just because just because our city tax rates are lower or higher does not mean that that's all the TA taxes people pay there's other variables as well and according to the film when everything is said and done San Angelo is actually not the highest as far as the amounts we pay further comments on this before we go on yes sir yes ma'am I just wanted to add uh one thing is is Mr Fleming stated it but maybe it wasn't caught um we are this year this council is saddled with the debt that was in occurred 10 years ago 15 years ago and that has to go into what you say we have received in in increases we're paying off debt from the previous years and most citizens forget that it it's a a long-term situation you don't pay your house off and most people don't in 10 15 years and we're still paying debt from operations of several years ago yes sir do you have comments sir uh Mr Mayor honorable Council Members First of all I I would like to say would would you please identify yourself oh I said oh my name is Wayne Hill sorry thank you first of all I'd like to say that I view this video the budget uh 101 property taxes which was a uh prepared in an attempt to justify San Angelo's higher tax rates I personally found the video to be insulting and irrelevant and I deeply re the fact that City would spend a hard earned tax dollar from such a video trying to rationalize tax rates

[2:03:25] between cities that are dissimilar to an exercise and futility the focus should be on the spending side of the budget rather than the revenue side any comparable analysis between cities should compare spending for recurring items based on comparable metrics for example you know what pay comparison for city employees for light jobs or maintenance cost per mile of comparable streets meaningful comparisons can be made on the spending side the revenue side is a dependent varable not vice versa the oil boom has created a windfall of a 99.75% increase in property tax revenues and 12% increase in sales tax revenues it appears the city has considered the tax windfall as an opportunity to to increase spending to the detriment of San Angelo uh Property Owners the budget should be established on the spending need not on revenues available I would have expected an increase in the budget of 4 to 5% at most with with a a portion of the windfall returned to the residents in the former lower tax rates to uh offset some of the uh increase in taxes the uh San Angelo City resident should not have to pay more in property taxes because of the oil boom but only to fund the necessary expenditures I am not speaking so much much for me as I'm over 65 and most of my taxes are grandfathered but my heart goes out to those not similarly situated I received an email from Susan Martinez who lives in a modest neighborhood just off Bell Street near this convention center she asked me to please speak for her at this meeting she paid $55,000 for her home that now has a tax appraisal of over 100,000 despite the fact the neighborhood has deteriorated since the purchase lower pric homes have appreciated more on a percentage basis than highest priced homes this is putting a burden on our lower income residents struggling to make y meet their life should not become more

[2:05:29] difficult in order to pay increased taxes due to the oil boom the recent 20% increase in school taxes due to the elimination of the homestead exemption compounds is pain the budget as proposed will set a new base for spending what happens next year higher tax rates to cover the budget increases why what happens when the oil boom tapers off the proposed budget appears to be a classic ratchet up spending during tax windfalls and raise rates when the wind the windfalls level out or decline so please I reconsider spending the entire windfall lower the tax rates so the increase of the actual tax paid provides the revenues for a reasonable increase in spending spending increases should not generally exceed the combined rate of inflation plus the increase in population The increased spending in the propos budget appears to be excessive and unconscionable thank you thank you sir do I have further comments then I will open it up for a a motion to approve or deny move to approve have a motion to approve the budget do I have a second second second do have John would you second the tax who tax tax lady okay we do have a motion to approve the tax Levy and the second we have had comment is there any other comment I do appreciate your comments I appreciate you being here and I appreciate the citizen involvements because this this is all our city so thank you for thank you for your comments do I have further comment from Council then I will call for the vote all in favor please say I I oppose Nay put a 60 on that one let's move on now we have taken care of 17 we have taken care of 18 let us take care of 19 which is the first public hearing and consideration of introducing an ordinance emitting chapter 12 exhibit a zoning ordinance of the zone of ordinances city of s Angelo George and mayor excuse me for interrupting but would would the council be objective to

[2:07:32] taking care of item number 25 first uh I think someone needs to leave okay if if that's not see what it is it all depends on who that someone I don't have a problem one uh Rodney you have a problem at all you have a problem Marty no since you asked for it Johnny you have a problem yes I do you do I have no problem Charlotte Don I kind of have a problem I do two I got four without a problem that's enough let's take item number 25 which is the first public hearing and consideration of an introducing an ordinance changing the name of Varsity Drive extending from Dina drive to University Avenue to Phil George Drive I love that an ordinance change the name of a certain Street segment to it Varsity Drive to Phi George drive over the complete length of the streets RightWay between Dena Drive and University Drive in central s Angelo providing for an effective day Miss Gara yes sir so the item 25 that you see before you is again to rename Varsity Drive to Phil George drive it is in District number five a council member grind staffs it is in the ASU college Hill Neighborhood as you can see in the zoning map before you there's a public portion of Varsity Drive and a private portion of Varsity Drive um four notices were sent within 200t radius zero responses were received at the time of this public hearing staff recommendation is approval it's almost entirely within the ASU Campus three churches and schools have addresses off of Jackson Street and not Varsity um no other similar names in the city or county per our 911 dispatcher it is consistent with the major Thorofare plan and Phil George was a is a prominent coach and Athletics director for ASU um we have two conditions of approval associated with this request um Planning Commission recommended approval in August 25th and the action requested today is to approve Street change name subject to the two conditions of approval on the PowerPoint and in your staff reports and adopt the ordinance on first reading this concludes staff's presentation we're available for any questions you may have thank you and I can't think of a better man in this city

[2:09:33] to honor than Phil George does anyone want to make a motion one way or the other move to approve I have a question first yes how many you seconding that Don uh sure okay how many addresses does this affect for change of personal homes that will have to be changing or no personal homes I think it's all school there's no personal homes well on Dina Drive there is hi Joe Mel from Angelo State uh it it doesn't affect any homes it affects our soccer field our softball field the Janelle Center yeah places like that do have a motion to approve this I do have a second do I have further Council discussion public opinion on this motion to approve or please say I I any oos Nay put a 60 on that one heav forbid we hold up Jo I'm I'm I'm right behind you Jose okay where you going 19 we were on 19 weren't we and I've already read part of it let me read the rest of it Z1 1416 George and Sandra Rodriguez an ordinance amending chapter 12 exhibit a of the code of ordinance of the city of San Angelo Texas which said exhibit a of chapter 12 adopt zoning regulations use District and a zoning map in accordance with a comprehensive plan by changing the zoning and classification of the following property to with two unaddressed tracks located Fox by 80 foot east of the intersection of Houston Street and Hassel more specifically occupying the Hatchery Edition block 81 north parts of lot 6 and s western s Angelo request for approval of resoning from single family residential rs1 to Neighborhood commercial CN providing for severe ability providing a penalty Miss Gara yes sir item 19 is resoning of 273 Acres that is located south of Houston Street between Hassel Street and North Garfield Street it is in District number two and it is in the Bluffs neighborhood The Proposal is to rezone from single family residential that is rs1 to Neighborhood commercial the future lanus for this site is in fact

[2:11:35] Neighborhood Center so the proposed resoning is consistent with the comprehensive plan a little bit of background on the site in 2000 the resoning there was a resoning that was approved by this Council for Lots 1 and two from rs1 to C n um in 2011 another resoning took place on the adjacent Lots 3 4 and 5 also from rs1 to CN um in 2014 there was a report of some outdoor storage building and carports that were for sale on Lots 3 four and five that um those particular uses were inconsistent with the zoning ordinance the applicant was made aware of that and they've come in in fact for a subsequent resoning and a special use permit which will you will see shortly Hereafter 11 notices were sent Within foot radius of the subject site and one response in opposition within the radius was received staff's recommendation is approval because it is C it is compatible with the neighborhood the neighborhood center future land use um it is a transition between the residential area to the west east and north and the cend zoning to the north it's proximity to the Houston heart Expressway in North Garfield Street and it is in fact consistent with the major ther plan Planning Commission on August 25th unanimously voted approval or recommended approval for the request and the action requested today is to approve case Z1 1416 and adopt the ordinance on first reading this concludes staff's presentation we're available for any questions you may have Marty this is yours Take the Lead please I I don't see a problem with it I move for I'll second that do have a motion to approve do I have a second do I have further councel is this is it en tight in to 20 it is 19 yes sir okay do I have comment from the public not I do have a motion and a second to approve I'll call for the vote all in favor please say I I any oppos Nay put a 60 on that one number 20 first public hearing consideration of introducing an ordinance submitting of chapter 12 exhibit a zoning ordinance of the code of ordinance the city of s Angelo su1 1402 George and Sandra Rodriguez and ordinance amending chapter 12 exhibit a of the code of ordinance of city of San Angelo Texas which said exhibit a of

[2:13:37] chapter 12 adopts zoning regulations use districts and the zoning map in accordance with a comprehensive plan by changing the zoning and classification of the following property to wit 711 North Garfield Street 2803 2807 Houston and undressed tracks located south of the Houston Street between Hassel Street and North Garfield Street more specifically occupying the Hatcher Edition block 81 Lot 4 and the north parts of lot 5 six and 7 in Western San Angelo a request for approval of special use to allow outside storage and display of merchandise in a neighborhood commercial C in zoning District provided for severe ability and providing a penalty same information we had last applies to yes sir it is Marty do you want me to go through the public hearing with the conditions yes yes ma'am right sir so again the single family it is zoned rs1 so you have the proposed neighborhood commercial the neighborhood commercial resoning this is a site plan that's also in your staff reports for how they would like the site to be laid out consistent with the special use um 14 notices were sent one response um again in opposition that was within the radius so staff recommendation was for the same reasons and in addition um the outdoor display will be limited to 10% and we've in fact included that as part of the conditions of approval on the 25th of August the Planning Commission voted to recommend approval and so the action today is to approve su1 1402 subject to the five conditions of approval listed um on the Powerpoints and in your staff reports I have them before you and and I I couldn't remember I wanted to make sure the fence was in there on the conditions and it so you have the 6 high opaque fence uh I move for approval second question I have a question previous slide back and it said the Bluffs neighborhood and I'm curious as to why you're calling it The bluff's Neighborhood it's the did we get the

[2:15:39] neighborhood wrong cuz Patrick said so it's not it's not the BLS for sure not the BLS it is Def absolutely not the Bluffs long way from the blood then we will get the right neighborhood thank you but we do have the uh we have the meets and Bounds and all the legal yes sir the legal stuff is right it is in God's country that's the M thing yes yes Don my question is why aren't we doing 5 10 11 12 and 4 I mean I know does there have to be a request to do those before wh why why aren't we doing those they haven't come we haven't done you mean for the other Lots they have the correct zoning on them that they're they don't have the the the way that the site is laid out they have the appropriate approvals that they need it's only the lots that have been listed as subject to the site that require the approvals they're already they're already there they were changed yeah they were changed they're okay okay that was my question Johnny the only question I have is the outside storage is it going to I didn't see the requirement is it going to require some type of a the what opaque yes so what we've done is that we've applied the standard commercial next to non-commercial and so anytime you abut it it requires an opaque fence we've asked that it be a minimum of six feet high and you can't see through it okay and then the uh what was the other uh explain to me the display of merchandise what and so I think the applicant if they're here may George I didn't know whether I thought you were satellites and all but I didn't know what you're going to display out there hello my name is George Rodriguez um what we have if you can go back to the slide is an OV exaggeration of what I actually have out there and we'll ever have out there uh we we initially came over here and uh Dwayne you recommended at the very beginning that all the lots

[2:17:43] to the west of my Building B Zone commercial in which I have to have come back back and paid more money to get them reson you know in stages as that's income it's income for the city I understand that but uh th this is just an ere exaggeration of what I have right next to my building on Lot number two I have a two-door carp uh twocc car port right there that I do sell and then in front of the Gazebo is another carport and then those those buildings are all portable when a customer comes into my place and says George I want one of these buildings they actually are going to take that building from my lot and deliver it to their location and in essence they'll come back and replace one for me uh I never have more than I would say 10 buildings there at a time you know because they they do sell very well uh I got perfect visibility from the freeway and that's that's you know that's the reason why I decided to do that and was because when I established that gazebo in there that again I had to pay for because the CD didn't want me to put it on there but anyway I did all the uh recommendations that they did and and I can't even tell you how many people want to buy that gazebo but I don't sell gazebos so I started to think maybe the maybe that would be a a a good alternative and it has been a very good one but this is only temporary too because my plans are I I still need to purchase number eight and when I do so uh I plan to put another building lengthwise and and subdivide it into into a rental property for other uh businesses so this is just temporary until I get all my ducks in a row for my second phase thank you George do have a motion to approve that I have a second second second all right no you already second it Don no I think Rodney let's you let Rodney second this one let Rodney participate right do have a motion I do have a second do I have any further counsel consideration do I have public input on this then I will call for the vote all in favor please say I oppose nay drop 60 on that one okay where Are We

[2:19:49] Now item 21 21 I tell you what Marty I'm turning this over to you it is 11:40 I'm going to go to a ribbon cutting I'll be back in about an hour so you still have a quarum go hey if you're going to be back in hour we can break for lunch right now be good idea it's up to yall yeah okay well let me go ahead and read executive then and we will go ahead and break for lunch and okay then we'll do it on what but do we well I see Rocky out there are you waiting did you want to speak to this Rocky and that's this is the next one isn't it yeah his is coming 21 yeah Rocky Temple and Mary kapling yeah did y'all want to go ahead and take care of 21 then 21 and 22 both Rocky do you know want to go to lunch first no are you hungry Rocky you're not and it's not in the BL okay and we won't say that it is let's go ahead and get this 21 started uh I've got I've got four more minutes and I got to leave but let's go ahead and start 21 then read it 22 and we'll break for lunch okay that be all right Rocky 21 first public hearing consideration with introducing an ordinance Amit chapter 12 exhibit a zoning ordinance of ordinance city of San Angelo Z1 1428 Rocky templin Mary campling and ordinance amending chapter 12 ex a of the code of ordinance the city of s Angelo Texas which said exhibit a of chapter 12 adopts zoning regulations use districts and a zoning map in accordance with a comprehensive plan by changing the zoning and classification of the following property to Wi five unaddressed Lots located at the northeast corner of Houston Street and mspa Street more specifically occupying the Hatcher Edition block 66 Lots 9 and 10 less 1114 Square ft and lots 111 12 and 13 in Western St Angelo

[2:21:55] a request for approval of resoning from a single family residential rs1 to Neighborhood commercial CN providing for severe ability and providing a penalty Miss G all right sir as you read it's going from rs1 to Neighborhood commercial um 16 notices were sent two in favor and one in opposition staff recommends approval Planning Commission recommended approval on August 25th and the action requested is to approve appr case Z1 1428 and adopt the ordinance of first reading and this is in the same area we just dealt yeah just right sir yeah right next to it yes sir so it's still yours Marty move approval I got a motion to approve I second from Charlotte do I have further consideration from Council public comment call for the vote all in favors please say I I oppose Nay put a 60 on that and 22 first public hear in consideration of introducing an ordinance amending chapter 12 exhibit a owning ordinance of code of ordinance is city of St Angelo Z1 1429 Rocky templin and ordinance amending chapter 12 exhibit a of the code of ordinance the city of St Angelo Texas which said exhibit a of chapter 12 adopts zoning regulations use district and a zoning map in accordance with a comprehensive plan by changing the zoning and classification of the following property to wit three un addressed tracks located approximately 90 foot west of the intersection of wo Street and mspa Street more specifically occupying the Hatcher Edition block 56 Lots 13 14 and 15 in Western s Angelo a request for approval of a resoning from single family residential rs1 to Neighborhood commercial CN providing for severe ability and providing a penalty we're still in the same area sir we are in fact in District 2 again rs1 to Neighborhood commercial 17 notices were sent two responses in favor near zero in opposition staff recommendation is approval Planning Commission on August the 25th also voted to recommend approval the action requested is to approve zoning case Z1 1429 and adopt the ordinance on first reading Mr s now now I kind of agree with with with councilman

[2:23:56] bman one two and three and 16 are going to be left out right yes sir okay see I just don't one two and three had already had the zoning change done to it as you can see by the map um they are already zoned General commercial his building is is right there so they are left out but they already have the correct Zoning for commercial the building is already his building already on the parking lot's on number one is building on number two and that gazeas is know number three okay the right zoning is in place yes you so we're not surrounding him like okay okay we're not surrounding him move approval second do have a motion to approve I do have a second Council comments further public comment call for the vote all in favor please say I I oppose nay drop a 60 on that one as well let me read the executive executive closed session executive session under revision of government code Title Five open government ethics subtitle a open government chapter 551 open meeting sub chapter D exceptions to requirements that meetings be open under the following sections section 551 072 to deliberate the purchase exchange lease or value of real property including possible Police Department location possible joint training facility location it is 11:45 now'll take us into executive probably be back at 1:00 okay let's uh let's do that let's let's open the meeting back up it is 12:48 uh we can talk about future agenda items uh I said that when we left we'd be back at 1:00 so let's kill a little time here and let's talk about future agenda items Don did you have anything you want to put on sir yes okay I I have had four different Friday facts about the the land uh bank and and us uh looking at leans and those sort of things I want it

[2:26:02] on the agenda at our next meeting all right well that's why we kept calling because we thought you were satisfied with what you were getting and we kept hearing yeah I'm happy no no I I'm happy with what you're giving me but I want to talk about all this stuff before the council with the the powers that be forest and Cindy and none of that's a problem we thought we thought we were making you happy with what we were sending you so no all right this is not a happy face I see the wrinkles it looks happy to me no if we can get that on there though I would appreciate it you just want an overview of the from the legal side or from the accounting side or yes one of the things you've mentioned is the ability on some of the old ones to gain control of the property right and and that's what I'm talking about as far as the land bank goes what we can do or can't do with that if we can I mean we have stuff from from the information that's been sent to us that we've had leans against since the 40s 50s 60s I want to look at those and and see what we can do with them uh I think it's it's crazy for us to have Perpetual care for for properties that we're never going to get money back out of and so I just want to address that whole problem and see what we can do about it well we'd be glad to bring something I if it's all right with you what we'll ask staff to develop is the for the first segment of that is when we have these old leans what can we do about it can we gain control of property convert those leans to cash and and uh that's very much a legal kind of a a question well not not only convert them to cash but us be able to to control them and if nothing else selling back to to people that are going to be you know wanting to refurbish our our neighborhoods and those sort of things is my main intent on that all right then we'll we'll we'll approach an from an old lean perspective can we gain control of property and maybe it' be appropriate to give an overview of the

[2:28:04] tax Lots what we call the tax lots that we are Trustees for at this point but I see that is two different things okay be because if if we have have Lans and I know a lot of them that have Lans also have tax problems um but that's not all necessarily so and we may have remedied some of it whenever we we up the amount we're charging for for mowing and maintenance and those sort of things with with James a month or so ago well we'll we'll start with we'll start with a legal perspective on controlling the property based on leans and then we'll expand in whatever Direction Council directs after in a subsequent segment if that's all right sure all right Don that fa that face makes me want to go out and buy a Happy Meal really does is that all Mr band Yes sir thank you yes I want to talk about uh our um what do I want to talk about oh the or the zoning of clarification of light manufacturing heavy manufacturing if we could have an open discussion on that from the planning and possibly uh oh dear I'm losing my train of thought here an amendment uh could you give me the words Rebecca that I had saw said earlier so that we're clear about what we're talking about ma'am earlier you had indicated to staff that um one of the things that you wanted to see was um perhaps an examination of perhaps doing a text Amendment to the use chart where this would be approved yes and I know it won't affect anything now but it be later but I do want that on the agenda to talk about and do that that's the one item the other item I'd like to talk about is uh in looking at Future annexation and that would be uh the parts where the proposed Twin Mountain Drive and uh the properties that go to 67 that is not currently annexed into

[2:30:08] the city are you familiar with where I'm talking about Mr Howard that I really would like yes okay thank you um we won't be prepared to talk about it comprehensively by the next meeting however the specific issue regarding the manufacturing in light of the concern about the transloading facility we can address that and ideally it would parlay into a future discussion about the more comprehensive look at the zoning ordinance and changes that we might Envision U making in since we're growing in the maners that we are to prevent you know if we possibly can so look at that and then the annexation uh of that particular area and the area that is out um on the other side of Twin Mountain Drive that area to the lake that goes out that we have the subdivisions out there that are going in possible annexation of those areas correct and we were already prepared to do that again in a future meeting however we'll address the immediate issue that you had concerns about uh in the next meeting if that's okay that's all for now I have nothing John and and it it may touch a little bit of what Charlotte may be talking about but I mentioned to Patrick Howard earlier that now that we have approved this uh Walmart Super Center you know we have a northern and southern tiers which really it's one in the same just different areas but I'm interested in seeing about and I asked Patrick look into maybe creating a different tier zone for that area that that will be up and coming now so uh I'm interested to see what's out there what our options are to even re Revitalize that area of town uh that's what I'm interested in and then Patrick said that he could certainly put some together uh come up with some ideas and uh I'm certainly very much interested in doing so oh and I forgot the did I mention the proposed or maybe we could look at the proposed annexation at Arden Road Mr s uh Patrick we are working on zoning classifications yes we are councilman um

[2:32:14] what we would like to do is present maybe a plan of how we're going to move forward with it because we want to look at the comprehensive plan first and then how that parlays into subsequent zoning changes so uh not not putting you off we we're just trying to do it methodically because there's obviously a lot of issues related to different types of zoning classifications what's allowed in those and that sort of thing so it won't be like anything else it won't be a quick fix but however we would like to maybe share with you some of our thoughts about how we should tackle how we should approach this yeah I'm all in support of making sure we just do it once so correct yeah that's that's that's great I just want to make sure we hadn't forgot so no I hadn't forgot thank you okay Mr Fleming I'd like to have a discussion and possible action on adding um a number of electrical spots to Grassy Meadows I would like the chamber to be involved in that as well as Carl I've had a couple of residents from the lake come forward to me and this would be something that would help out our big events such as the the drag booat races this last weekend also we'd be able to add a lot more events out to Grassy Meadows if we had electrical hookups out there I think that we could accomplish this by not using City money by using the fund from the lake you and it's an invest it's investment actually because it will actually pay for itself probably in less than three years are you talking about RV hookups or okay electrical electrical hookups probably I I would like to see 50 of them but you know if we could even get start out with 20 at first or whatever but while you're doing it it's a lot easier to do a whole bunch at once and it'll be cheaper for us if we just just do it but it'd be a great investment for the city and we would get our money back in just probably in just a few years done I was reminded I saw Shane Kelton PA ago and I was reminded about a phone call Guy yesterday evening Shane just

[2:34:17] for your information if I'm traveling East on Bard and I hit Main Street the curve if I hang a ride towards the police station that intersection right there the rain has really gotten into it it is very very rough I know streets are rough all over town but this one is uh extremely hard to drive through so just wanted to I just I've had two phone calls just wanted to throw that at him while he was back there thank you Shane all right it's almost 1:00 so let's continue with our agenda where we left off and start with number 23 which is the first public hearing and consideration of introducing an ordinance amending chapter 12 exhibit a zoning ordinance of the code of ordinance city of s Angelo Z1 1419 gayen wiser housing an ordinance and manying chapter 12 exhibit 8 code of ordinance of city of St Angelo which said exhibit a of chapter 12 adopts zoning regulations use districts and the zoning map and Accord ORD with a comprehensive plan by changing the zoning and classification of the following property to Wi 902 and 926 West 29th Street and two unaddressed tracks located in the northwest corner of the intersection of West 29th Street in Riverside Golf Club Road changing the zoning from combination of lowrise multifam rm1 and office warehouse ow to General commercial CG for an unaddressed 2.8 track of the FP Kramer survey 318 at abstract 112 and heavy commercial CH for the remaining Eastern tracks at measure 1.29 of the F Kramer survey 318 abstract 112 providing for severe ability and providing a penalty Miss Gara yes sir item 23 is a resoning of 4.12 Acres at the northeast corner of West 29th Street of Riverside Golf Club Road it's in District 2 the zoning map the existing is now mine says item 23 yes I I pulled up everything is it it's item 23 I know my slide says

[2:36:18] 24 the slides were made prior to the agenda being changed so it is 23 yes sir it is your slide is wrong my slide isong my slide was done prior to the agenda changing please continue man yes sir well from now on I won't put the item numbers on there so there won't be a confusion the existing zoning is lowrise multif family and office commercial the applicant is proposing to go to General commercial and heavy commercial the future land use of the site is commercial so therefore the proposed zoning is consistent with the comprehensive plan five notices were sent out within a 200 foot radius and zero responses were received staff recommends approval for the following reasons before you and in your staff reports on August 25th the Planning Commission unanimously vot recommended approval and the action requested today is to approve zoning case Z1 1419 and adopt the ordinance on first reading Marty this is yours again is the applicant here today sir they have not indicated specific uses for the site they simply would like to bring the um the zoning um to be consistent with the comprehensive plan okay he was here before lunch but he's not back he may not have come back you know I really don't have any problem with CG I do have a little problem with ch I just was wondering what kind of what what what exactly I was wondering what exactly he was wanting to do with that heavy commercial so you see the CH that heavy commercial would be located um on the western most property and so the um I'm sorry the eastern most property terrible with the compass and then the West Side would be that General commercial so that line that separates would separate the zoning districts so one side exactly so it would be kept away it would be more it would be adjacent to the existing industrial across the street okay this is all SE it's right there on the river so you know I'm I'm concerned but yeah and I guess actually I was kind of looking it backwards uh but the heavy commercial is next to 29 yes sir it is yes sir it is

[2:38:23] and the future land use is in fact commercial I'll move approval I'll second that we do have a motion to approve this would be going from lowrise multif family rm1 to office warehouse to General commercial and to uh heavy commercial CH I do have a second Rodney second it do I have further consideration from councel have a quick question Rebecca when something something like this comes to you guys there is no mention of any idea of what proposal well sometimes what will happen sometimes what happens is that they'll come with a specific use in mind and say what zoning district do I need to get this done now unfortunately what is more often the case is I have a piece of property um what can I do with it and what's the highest best use I can get out of it and so at that point we try to establish a dialogue with the applicant coming in and in this case the entire thing was proposed to be heavy commercial and in fact after further examination and try and discussing and dialoguing with the applicant he scaled back part of the property back to General commercial okay great I would ask please ma'am this is the first reading before we make the second reading on this I'd really like to know what he's doing there yes sir so if you could get us a little background information or just an idea yeah and again I don't have any problem with the with the CG but that's CH let me just say that they're not held to whatever they they may say so I mean just understand that you might you could be swayed one way or another with a proposal that ultimately not might not come to fruition so I just want to make still kind of like to know what they're going to okay I think as stewards of the city we have the I think it's when that that's within our right to know what they're trying to propose and so I will strongly recommend that the when I speak to the applicant that he come and he explain to you um probably in more detail that'll work yes sir uh public comment further comment from Council the motion has been made it has been seconded that we change it to the as it has been as it has been written all in favor please say I I oppose Nay put a 60 on that one number 24 is first public

[2:40:27] hearing consideration of an introducing an ordinance amending chapter 12 exhibit a zoning artist code of ordinance City s Angelo Z1 1431 Reed shahan and ordinance amending chapter 12 exhibit a the code of ordinance the city of St Angelo which said exhibit a of chapter 12 adops zoning regulations use District and a zoning map in accordance with the comprehensive plan but changing the zoning and classification of the following property to it an unaddressed track located approximately 920 ft southeast of the intersection of Sherwood Way in Buick Street this property specifically occupies the West 66 ft of the sheahan subdivision Section 3 block 4 lot a in Western s Angelo changing the zoning classification from Office commercial Co to General commercial CG providing for severe providing a penalty yes ma'am yes sir item 24 is 0.55 Acres it's located on the Southeast corner of Sherwood Way and Buick Street it is in District number six the existing zoning is office commercial and they're proposing to go to General commercial the future Lan use of this site is in fact commercial so it will be consistent with a comprehensive plan this is basically a cleanup of the adjacent property where this um will be tied to uh for uh the applicant believes to be a future Hotel um this was just one parcel which had a different zoning designation and so they would like to be they would like to basically clean up the rest of the block um for him to be able to develop the site three notices were sent within a 200 foot radius and we had zero responses as of today staff recommends approval for the following reasons before you and in your staff reports on August the 25th the Planning Commission unanimously recommended approval and the action request today is to approve zoning case z431 and adopt the ordinance on first reading this is your shotte yes it is I never have like that street it it it just really to me adds to the congestion Buick Street out into Sherwood Way um this has been changed several times through the years hasn't it the last time it was changed I

[2:42:31] believe was almost less than 5 years ago but I do not have the exact date I can get that for you however no that's all right I just um I really would like to hear from the proponents on this as to their reasonings I'm I'm Reed shahan this is shahan subdivision we uh did the the whole subdivision there and uh this is U it's all been commercial General from the start except for a COO where the storage units are uh the uh the hotel that wants to go in needs another 66 ft there's a good buffer of storage units in between it and the drainage ditch and then they Beyond uh all the uh all the other businesses are fine with it I have no opposition from any neighbors uh it's a good addition to what we're doing and it's only half an acre thank you sir any questions Charlotte no I have no questions and if that's what they'd like to use it for I'll move to approve second do have a motion and a second to approve going from Co to CG do I have further Council consideration on this item do I have public comment on this item call for the vote all in favor please say I I oppose nay drop a 60 on that one all right we have already done item number 25 let's go to item number 26 this the first public hearing consideration of introducing an ordinance reducing the speed limit on a portion of Penrose Street an ordinance amending chapter 10 article 10200 of the code of ordinance of the city of St Angelo Texas altering the maximum speed limit on pinr Street beginning at the intersection of Christoval Road and extending East to Lal drive with such street being located in the city of San Angelo Texas provided for severability providing for a penalty and providing for an effective date Mr Carl Carl bedar city engineer uh got a a street over in the uh eastern central part of St Angelo's Small Tube block

[2:44:36] area that uh is currently on for 30 m hour it's a very narrow Street we've had some complaints on it we' tried other issues over the years of trying to to reduce the to get people to run the speed limit that's there it's a 30 m hour speed limit now and and we've done some engineering studies on the street and can can reduce this down to 20 mil hour I think that would help with the with the issues we're having out there uh this shows a location of where we're talking about uh this is bordered on the western part by Christoval Road would be on the uh left part of that yellow line if you can hardly see the yellow there the East one is s Drive uh pin Road Street is what we're talking about Glenmore Elementary is on the very right side of your of the picture against Bell Street so we're looking to reduce this from 20 30 m hour down to 20 mil hour this is a picture where it Narrows down this is just uh to the e to the west of Glenmore Elementary looking back to the West this is looking looking East it should be looking West I took this in the morning so it's looking back toward Christoval Road and it's about a 36t wide and it Narrows down to a 20 foot and there's no parking during the day there's parking at night so it can be parking on both sides of the road and then you have hardly enough room to drive through there especially at 30 m hour here's another picture kind of farther up into the section you see we've we've already tried speed bumps in this area and that's still not really slowing traffic down so uh we we'd like to request approval on that is this yours Johnny no sir who's this blong don don I think no no not mine thought no it's mine it is yours okay okay yeah well I thought you were changing it there by the school but it's you're changing the other end the other end it's 20 M hour during school hours at the school but and it's 30 m an hour in that one block or so but um and it's wide enough right there it's just that

[2:46:37] when you get down just a block west of that it really chokes down it's a for two blocks two or three blocks it's choked down yeah M all the way into until you get to Old christoo CH yes yeah I this is mine I I move that we do lower this we accept the changes I'll second that one okay I don't see to make a difference either way but I guess it makes us feel better we're going to try yeah okay do have a motion to lower from 30 to 20 has been seconded further councel consideration on this public comment on this call for the vote all in favor please say I I oppose nay okay put a 60 on that one okay staff has pulled number 27 so we will not be dealing with that which means we're going to item number 28 this is mine discussion and possible action regarding the use of one-time landfill lease Revenue in the amount of $3,600,000 let me tell you what I would like to do here and then Miss Tina can tell us what we can do we have asked our citizens to conserve water and they have done it they have they have done it this royally and the water rates the the water usage has gone down uh we have now about a $2.3 million deficit in our operating budget of our water department lack less funds that's not the right word but and in the water department at at the end of August there was a deficit or a loss and um in that fund of about 1.8 million okay so that's the current number the most current number okay so we had picked up a little bit because it was over 2 million I think it was close to 2 million because the summer months of course we pick up a little but anyway we've got almost a $2 million deficit and our operating portion of the water dep and since we ask our people to conserve and they did conserve I do not want to go back and say now we need to

[2:48:39] raise your water rates because you didn't use water and your water is gone up so this 3.6 Mill million is a one-time fee that we received from Republic it was a negotiated fee that Shane kilton brought for us it's a one-time fee I propose that we take this $3.6 million of a fee that we apply whatever the deficit is in the water operating if it's $1.8 million let's apply 1.8 million to it and let's put the rest of this money in a citizen's account I think this money ought to be used for the citizens I think it ought to be used for things that the citizens want I don't think it ought to be something that we use uh for City payroll or for City I would like to take this money and let the citizens enjoy it so I propose that we put pay off this deficit bring it up to zero and put the rest of it in an unassigned fund and then if we need this this is something that we as council members could pull out just to give you an example last year Carl came to us needing money for for the Riverfest he was putting on and we told him no we're not going to give you any money and we didn't and he was he ran a deficit but he brought it back this is a perfect fund this is something that is for our citizens it's something for the good of our citizenry this is money that we could pull from and it's if we need it for something else all we have to do is pull it out it's it's not it's not lost it's not hidden but it's money that we have put in an unassigned account for things that we need it's a savings account and I've Been Told not to use the word rainy day fund but it is an unassigned fund which is similar to a rainy day fund for things that we might need in the future that's what I'd like to do with it and I need three people to go with me and say yes that's what we need to do with it okay I would just like to remind you as well I know that we discussed this uh last week with you um that there is also a deficit currently in the landfill fund of negative $2.3 million and so I know that

[2:50:42] you'd want to cover that as well and we have the money in place to cover that because we for the last several years have been building a landfill closure fund and there is in the excess right now according to my knowledge of $3 million in that fund that is enough to take care of the deficit we have in the landfill fund uh and in the new proposal under the new contract Republic is responsible for the 8.4 million dollar that we need to close the landfill so they're already putting four almost $4 million into the fund and they will add to this 187,000 per year they I'm sorry so when the when the landfill is full the money will be there to close it so the citizens have already started this fund they've been saving so I say take that and apply it to the and that is the plan for the landfill um the trust has not yet been established but we expect that to be established by the end of this month hopefully um what I would propose is that we wait until year end to see where you know the the water fund the landfill fund all the funds stand and then make a decision on it I have no problem with that and I thought maybe we come back in in November to do the water rebate and an and analyze that maybe that would be a good time to discuss the rest of this as well I would like to get a vote on this that we put this that we we accept the concept and as far as waiting a month or two to put this into the to the new budget year I don't have a problem with that at all so that we can see how everything lines out but I'd like to get a vote on this uh I don't want citizens have to pay for something we ask them to do and this to me this one time shot this is the perfect way that all of our citizen can profit from the the deal that Shane negotiated with Republic so I'm going to make a motion that we take this $3.6 million that we pay off the deficit in our water you operating and that we put the rest of it in an unassigned savings account for future citizen needs and that this be

[2:52:45] done after we enter our new budget year when we know exactly what we need well is is there any difference in what I'm about to ask and what you're saying is if we take these funds and add it to our landfill closure reserve and the end of this month or in October look at what the final numbers are before we apply to deficits I mean is that saying the same thing Michael right well the uh the the closure Reserve is now being provided for through the contract so there will be a trust set up at the end of each year we will book the liability to the correct amount per the actuary values values excuse me and then the trust will be brought up to that same amount and so that will be a wash an even amount and so what the mayor's referring to is that this $3.3 million that you see up here would be released because before we've had it reserved in the landfill fund balance that that that will that landfill budget will take care of it sale that's going to work Don what were you going to do if if uh the mayor didn't come up with this what were you going to do with that million eight that would be a question for Shane and for City management I believe the the million eight that the mayor refers to is a net loss this year it's an operating loss the fund balance in the water fund uh exceeded that so what we you would be seeing is a significant reduction in the fund balance in the water fund and that would be one of the things we'd be talking about as we uh consider uh what rates should be what revenues should be should we be selling water or conserving water all of that has an impact on that fund all of that ultimately impacts that fund balance so and don't we have a study on that now Council approved the concept of the study and I believe the utilities uh folks are working have received proposals but that's as far are you you're on that Comm I am on that committee yes why don't you tell us where where you're at on we have set up a meeting to the to review the proposals

[2:54:47] for next week so well and and where I'm headed this rabbit that I'm chasing is if we can come up with something different maybe we could have the whole three2 instead of taking a million eight out of it somewhere down the line is what I was looking at another solution for the water fund I'm sorry that's I misunderstood your previous question so for the water fund for the $1.8 million deficit in the water fund okay ultimately the the it's a good thing to have this money and try to decide what to do with it and so I think from a staff's from the staff's perspective we'd like to get through year end we'd like to make sure that the trust gets set up so that that liability is covered we'd like to uh like the dust to somewhat settle on those revenues and expenditure so we we've got a better idea um exactly where we end up in the water fund we we should be selling tons of water this time of year however we we haven't had that many days over 100 and we've had a little bit of rain and so we may not have as much recovery this time of year as we'd hope financially in the water fund but uh we probably I'm sure we're going to end with some kind of a net loss in the water fund uh it is uh staff did work hard to Shane and Patrick worked very hard to negotiate a positive deal and it does create some resource whether that stays in the Landfield fund for future needs there or is used in the general fund or some other fund for for other citizen needs it's a good discussion to have because we're talking about resources we have rather than how are we going to fund something I just know that somebody's going to have to pay for that deficit and we can either go back and charge our everyone in the city that we ask to conserve excuse me and I was going to say I like the concept I like the idea I'm going to second your motion and if we have to wait a couple of months to see how everything pans out that's fine if we have to change our idea at the end

[2:56:52] so be it but right now that's a very good concept to to move forward on so I'm going to second that and and see where that ends up at the end of the year I don't want our citizens have to pay for it and this is money that takes care of Rodney let's let's put this in the layman's terms we got 1.8 million that we're that we're deficit on how much money is in that fund right now what do you mean how much money the fund balance the fund balance we're not negative 1.8 million I mean it's just I think the uh the fund balance is just right over a million dollars right now so I think it's a mil 67,000 somewhere around there so there's money in there they're just it's just 1.8 million lower than where it should be at that that's correct so I want to make sure that that the public understands this because there are some people that are out there that are thinking that there's 10 15 million in this account whatever and just because we're down this one year we should be able to fall back on what's left in there well in reality there's about a million or less in there correct that's correct okay that's right with an operating budget of 23 million right I mean it's it's scary low that we would take it down that far and if we have to pull money out of the Capital Improvements part of the water to make up this deficit then we're then we're shooting oursel in the foot there so this it has to be made up and this is the perfect way to make it up it is money that our citizens don't have to pay and it helps everyone in our city Tina is that Milli 67,000 you just mentioned is that uh less than we had I mean the million eight I know we're in the deficit is that the difference between we have now and we had last year or what what is the difference uh the start the beginning fund balance in that fund for this year was about 3.1 million okay so it is down um and that is year-to date with incumbrances that that amount that I just told you at the end of July so okay Marty

[2:58:54] is is there a problem with just waiting and putting this back on the agenda after we see where we stand or no but I don't have a problem with putting an ID day hold on it until we see I'd like to get it approved I'd like to get this money earmarked so that the citizens know that this that we are conscious that there is a deficit and we're conscious that we have a way to pay it off and we're not going to be going to them to pick up this 8 $1.8 million but if we want to put it in there and put a 90-day hold until we see just exactly how our budget year is going to work I don't have a problem with that that's the same difference it's the same difference but I'd like to go ahead and earmark this and we do have a second so we're going to have to take a vote on it I'd like to go ahead and earmark this and get it in there want to put a 90-day hold on it till the first of the year I don't have problem one with that so we know exactly what we're working with and have firm numbers but I want this money while it's there before it gets somewhere else I don't want it going anywhere right now so I think it's going to sit there I I just would I I'm I'm going to vote against it not I'm all in support I'm I'm in support of it in theory I would just rather wait until the end and see where we stand in case we we don't have to move 1.8 we could move 1.5 couldn't we and and work with work with 2.5 and and then if we needed some somewhere else so and that's that's what we're doing it just we're moving the 3.6 to a fund that would take care earmark for the water operating deficit and the rest of it setting there for a citizen need so you know whether we do it today or whether we do it in it' have to be two funds yes actually yes it would have to be to fun and unassigned savings and to pay off the water deficit yeah you couldn't do that yeah and our action today will be to direct staff to bring that back in November for right for consideration but but to put staff

[3:00:57] on notice that you do have an intended use for that yeah I want it ear marked for the council we can track that we can eye on I'm kind of with Marty on this I'm kind of nervous about this it seems like it's the cart before the horse type situation where um I definitely want us to pay so that the citizens don't have to pick up the tab on the water uh because they did do what what I asked them and what all of us have asked them to do is conserve water and therefore we're not selling water uh but I wish that we'd wait until November to take any vote on this and and that way we'd have firm numbers to know exactly how much is going to go into that savings account how much is going to go into for the deficit of of this of our water account well let me rephrase my motion I would like to take the $3.6 million and I would like to apply whatever is necessary at the first of the year to take care of the operating deficit in the water department operating budget and put the rest of it in an unassigned savings account for uh citizen needs okay will you redo your second I'll pull my first second and second that way we're not using dollars we're just earmarking the money okay and my my main thing is getting rid of that deficit man when we have the money there let's let's wipe the clay and start all over I don't want to take a chance on losing this these are our citizens we do we always lose and we we could lose it if we don't earmark it that's why I wanted earmark but I'll take the money the the mounts out and just say let's use it for these purposes that better Rodney yes sir okay any further counsel Turner yes my name is Jim Turner and this takes and addresses a short-term problem you have now I think what might also be appropriate at this time if on long-term look at using all

[3:03:03] of the utility revenues which includes landfill uh franchise fees water sewer Etc as kind of a first stop fund if there's a shortfall in water for example if they have a profit a really good year in landfill waste disposal use that to support the other utilities have the utilities kind of group together as if there's a utility problem we look at all the utility revenue before we have a rate increase so if landfill is doing great right now it helps subsidize water if water's doing better than landfill it would help that way and pull that together when you're looking at these rate structures because they all come on the same bill to the rate payer and it gives you some flexibility and it gives you some stability you don't have especially if you can have that continuing Revenue helping to pay for infrastructure and a lot of them have common infrastructure and I think that's long term is a philosophical shift and maybe even restructuring that needs to be made all of those different funds now are under the same supervision and having them supporting each other officially my policy makes a lot of sense thank you thank you Jim I agree with Jim I actually I think that's a very good idea and I think we've talked about this recently about combining departments and making sure that we don't have overlap on uh especially big vehicles that we talked about big well Daniel's Daniel's working on that right now big pieces of equipment and I might add that we put this in this fund you know it takes four votes to move it right so if if the council finds something they want to yeah I mean the money is there it's an unassigned money it takes four votes to use it so can it's not lost' one point

[3:05:07] here the uh the combination of the negative $2.3 million in the landfill fund and the defit of $1.8 million in the water fund exceeds the 3.6 million so we still would need to look at other options to do both of those things so that's why we we thought it might be better to come back after year end to kind of see where everything falls so well there already a motion and a second on floor we need to handle this today okay I'd like to earmark the money and then if we find out in 3 months time that it's not going to work then we can amend it we amend our budget you know a dozen times a year so if we see that there's a problem then we'll amend it but I'd like to earmark this 3.6 what we have the opportunity okay may we're not putting a dollar amount on it right don't put your last your last motion did not have a dollar amount correct it just because then when it does come back and we don't have that money then we've got to figure money then I'm just saying $3.6 million is a total but I'm not splitting that okay well in order to reserve a portion of fund balance or to create a rainy day fund there's a specific procedure that I think Tina needs to leave lead us through right and so I think if this passes staff will interpret this as Direction yes at that November meeting to be prepared to walk us through those kinds of things November December after we're into the budget and we know what we got if there's some left well each uh April and November uh we have an ordinance on the books that requires staff to look at the fund balance in the water fund and to consider whether uh the rates uh uh the revenue new generated warrants or has created the situation where we can provide a rebate to to rate payers we're going to do that in November anyway we'll be discussing the results of operations the net income or the net loss that'd be the perfect time to discuss this this opportunity so if this passes we're interpreting this as a be ready to discuss this in November when you talk about the water fund balance and we have some firm figures okay sir

[3:07:10] any any further comment I'm going to call for the vot all in favor of putting this $3.6 million into a fund that would be a an unassigned savings and to pay the water deficit please say I I I let's see some hands everybody wow 60 vote on that thank you thank you now make it work Tina I thought we were riding a dead horse come back and see us in November all right we are now to number 29 which is consider a of additional holidays for FY 214 215 any action connected there too Miss Marley good afternoon mayor and Council city manager um if you recall last year I came before you um in September to discuss holidays Daniel had asked that we start releasing our holidays on a fiscal year basis as opposed to a calendar year basis so this year as I prepared putting the holidays on the calendar um I determined in the month of December that Christmas Eve and Chris Day fall on a Wednesday and a Thursday and then the following week our New Year's holiday falls on a Thursday so um I was approached to see if Council would um consider uh adding an additional holiday for those two days um when I got that request I went ahead and called the uh Tom Green County to see what they do and um although they have 13 holidays a year and we have 11 they are adding two holidays this year to incorporate those two Fridays in addition to their 13 holidays so I'm here before you today to ask consideration for granting those two extra holidays um when we talked about holidays a couple of years ago um I did describe to you that there is no additional cost in salaries for adding holidays we pay the employee when they're here or if they're off on holiday it's the same amount what we do lose is the productivity for those days off and I would probably tell you that

[3:09:14] um those two weeks it it's probably going to be pretty much a skeleton crew anyway through the holidays so um I'm only here today to ask for your consideration I don't expect there'll be a lot get done on Friday the 26th of December anyway who wants to take this one my my only problem is why didn't you do that when I was work cuz I I was always bad yeah I make the motion to approve this item as presented I think I think those folks have earned it productivity level is going to be low anyway they're not going to do anything anyway I wouldn't do have a motion that we just add these two holidays which will be a Friday the 26th of December and Friday the 31st of uh second jary second yes okay has been has motions been made it's been seconded do I have further discussion well I I would like to say I I I hope if they're here they're productive okay sure to to I they should be so absolutely actually it's just there's few of them here yes okay they are but they are productive the ones that are here are very productive thank you they are great days to work because the phone doesn't ring you can actually get things done okay public comment on this item call for the vote all in favor say I I oose Nay put a 60 on there thank you very much thank you Lisa all right number 30 is report on the status of the city of s Angelo development cooperation review for contract compliance requested by council member farmer uh Roland you're not you are not Roland Pia no sir I'm still not okay take off sir well Bob schaman uh can I justment director I had asked for this and uh I I heard some rumors that councilman Farmer's on a head hunting Mission by requesting this and I want to make it clear no I'm not I I think it's very very important that we watch the

[3:11:16] hent sales tax and and how we're spending and as long as we are in compliance with the contracts I am fully aware because I do serve on the audit committee that it is in process I do know the status and additional information that has been requested by an outside audit firm Armstrong Backus on this and I'm very satisfied with the work that is progressing I simply ask for this because we have lost a lot of of key people in that department we've lost a lot of assistance in that department and we've only had one maybe one and a half persons for so long working in that department and we've also moved locations and things get mislocated and I wanted the opportunity for all files to be complete and for us to do due diligence that it's all like it's supposed to be if we had a state audit I am satisfied that that is happening and I am satisfied that we more than likely will be having a completed report by the end of November or December I'm I'm certain of that so uh I'm I'm pleased is with what I have seen so far that it is in progress I think you've just done it for me okay no um we will actually have a draft uh letter next week according to the to the Auditors uh I spoke to them this morning um we had one U piece of information that was still outstanding that we're still working with one of the companies on and that's basically getting uh financials uh annual financials from glazers um we have no reason to to believe that uh there's any problem there it's just we have to go through their legal department to get those and I haven't been able to touch base with with their attorney so we we just missed each other a couple times but I don't see that being a for public interest I have no reasons or suspicions of anything arai I simply want to make sure that we are in compliance should we have a state audit and that we have exercise to due diligence so I would anticipate we by probably the next council meeting we

[3:13:18] should have something in hand thank you thank you thank you Bob and I wish I had something to approve because y'all are obviously in a Christmas spirit today yes take a day all all right number 31 discussion and possible action related to establishing a charter Review Committee Miss farmer okay I had asked for this and postponed till I had the opportunity to meet with the mayor and and the city manager on this and we did meet and we felt that uh the last time that this was put up was in 2007 there were so many items that got postponed because lack of time that it was time to look at it again and uh in looking at who served on the committee before the three of us had uh made suggestions that um members Jim Turner Tim Edwards uh Greg goset and uh um the we we added we added ask Larry Justice Larry Justice thank you was the recommendations for uh the committee for them to get started to work on this and but Larry Justice doesn't know anything about this yet but uh and also there was a how many member before it was a seven member board how many seven seven and so looking for recommendations from the rest of the council today as to who would be good to serve on that Committee in your packets is a list of the 2007 committee members they were Tim Edwards dick Funk Greg goset Ruby ues Charles Powell James Ryan and Jim Turner look like we have one more out here um Candy you on that candy I'm not on it but i' oh okay I see well and also uh before Miss grindstaff left she had requ said if she could throw a name in the pot of John Mark hog so we need one more suggestion from Council I'm going to nominate Jim Turner

[3:15:22] for mine well yeah that's yeah Jim Turner Tim Edwards are the nominees uh but have you talked to Tim yes you have talked to Ser again and talked to Greg gossip yes and um but was four now we have candy that's five and Mr Justice may I make a suggestion since these were nominees by each individual council member since these were nominations by each individual council member may I ask that each council member make their nomination for this committee I'll nominate Tim Edwards is Jim Ryan still on there you said or not well it's inactive so we can start new oh but then let let me since I I I've got a I'll nominate candy pool okay all right um mayor is this something we need action on today or you want your council members to go and bring the names back to I don't know that we need action on this today I think this is I'd like to think about it yeah yeah that may be a good idea the three of us had time to think about it and y'all so we've already talked about it we know I I'm I'm not going to pull Jim so but yes I think each council member and Miss grind staff's not here so I think it'd be best maybe at the next council meeting she gave me her name yeah and that was John Mar well let me let me rethink about mine I don't know about why don't we think about this and we'll do this next meeting everybody have somebody you know be be sure that the people will serve Alicia uh I assume that a charter committee serves with the idea that we're moving toward a charter election correct can you help us maybe at the next meeting about how that needs to work the possible dat yes sir okay I'll have that prepared good so that's the report good Turner wants to speak speak to this Turner speak nominee yes my name is Jim Turner and I was on the last shter

[3:17:26] Review Committee and I'm honored to be on the next one uh a couple things you need to think about one of the things that's just as important as the people serving on it early on in the process Council also gave some direction on areas they wanted to focus on and while you're thinking of who you want to be on this Review Committee also think of the areas that need to be looked at there's a few of them out there one of the things that needs to happen as part of this review and it didn't happen as completely last time as it should we need to look at what ordinances these Charter changes are going to impact for example we eliminated the board of City development in the last Charter election but it's still in ordinance so technically we still have it even though we haven't done anything with it since we had the Chamber of Commerce basically and there are a number of other areas in city ordinances when we change the charter we need to review in more detail how that's going to impact the ordinances that actually implement the city Charter and that area that we're looking at write them down Turner w second thing we need to also do I think we've talked about the timing on this trying to get this for the spring election in May is just not going to happen and have a good product out there that's actually ready for the voters and looking at the elections coming up the November election of next year is perfect because the other thing on the ballot at that time is going to be to Texas Constitutional Amendments they happen every two years just like Clockwork and having people focused on these key documents the Constitution and the city Charter which is basically the city's Constitution all on the same election makes a a lot of sense and it has everybody looking at and thinking about that election in the same way we're

[3:19:30] there to change some of these fundamental documents and procedures so the November election I think is doable it gives us a year not quite but close to a year to get everything out there do a good job and get things done right and again we can get the voters out there focused on all similar type of things we're not dealing with personalities we're dealing with these fundamental documents you're not getting a governor a president you're getting these key procedural and policy changes at what the charter is going to be thank you Harry Harry Thomas uh I'd like to throw my hat in the ring I spoke to a couple of councilmen uh I've got the time I spent 40 years reviewing documents and I certainly appreciate the opportunity thank you Harry and you would be a good nominee all right I think we pretty well took care of that one next one is 32 consideration of and possible action on matters discussed in executive closed session I wasn't there did y'all talk about anything that we need to talk about no action no action nothing needs to be spoken about number 33 is consideration of approving a board nomination by Council and designated council members a is a Planning Commission Juan Flores Jr smd3 to an unexpired term January 25 motion to approve that's my second do I have a motion to approve I do have a second from Marty further Council consideration public all in favor please say I I opposed put a 5 on that one next one is consideration of nominating Charlotte farmer to the ports the plains Advisory Board replacing mayor Morrison and this is my request uh I would like to I would like to nominate Charlotte to be on the ports the plains board she's familiar

[3:21:33] with ports the plains she's familiar with the with what they're doing this is an extremely important board because s Angelo is a very important member of the PCH the Plains and PCH the plains is the reason we have the super one from here to Sonora and the loop around 306 we've got a lot of money out of ports to Plains and uh I am leaving the board I have another board I want to serve on that I'm working toward and I will make the motion that Charlotte farmer replace me on the ports Plains board I'm going to second that motion I believe Charlotte uh would be an excellent candidate to fit that road she's been there done that so I think that'll be just just fine with very good F Council public all in favor please say I I put a 5 on that one announcements consideration of future agendas we've already done consideration of counseling the October 7 214 city council meeting I will not be here October 7th you will will you be here Marty no will you be here Mr Fleming no I would suggest that we just eliminate the October 7 meeting and we meet again on the 21st of October do anybody is everybody all right with that yes you all right done well are we going to have a i i I'd rather reset it than have a a 12-hour meeting like we have had in the past I'll be back on the 15th M Michael are we going to have a bunch of stuff if we if we miss a meeting completely um maybe Alicia should answer she ped staff right at this point staff did not present any items with the exception of today's second hearings from the planning department that's what I have so far and of course the um request that you had earlier for future agenda items I'll have to see how those um fair for that meeting but right now there are not very many items and we're through with the budget the budget is over that's what takes a lot of our time

[3:23:37] I think that's good good deal so you're saying we don't need a first meeting in October there is not a time sensitive pending issue required before the 21st okay okay and if we should haveen to have have to have a second one I guess we could have one on the 28th that' be the next Tuesday if we had to have two yes okay if we need it but we will not have a quorum on the 7th so awesome okay all right that means that we have only one thing left move second all in favor say I this meeting is over 147

Captured 2026-07-26 · source: youtube.com/watch?v=aSfJZCHDri0