San Angelo City Council 2-15-22

[0:00:00] the 15th and happy belated valentine's day i hope all of you did the right thing and treated the ones that you love with a special something yesterday and if you didn't today will be good enough he'll build some trouble though you'll be in trouble with that let us go into our meeting with the chaplain prayer and pledges and we have oh we who do i have today doing that come forward i'm looking at many faces here please come forward good morning everyone let's pray father thank you for the opportunity to invoke your word through prayer and to this gathering of city officials leaders and concerned citizens you said that we should pray for those that are in authority in this city so first i pray for the mayor and her staff and assistants the city council members the city manager and every person and department that is instrumental in leading and directing our city heavenly father i pray for the city leaders as you have given them the responsibility to watch and guide over our city that they serve and lord just as you made the prophet ezekiel to be a watchman over the people of israel i pray that these city leaders that they will be godly watchmen and watch women over our community neighborhoods and businesses i pray that you would bless them to work together in unity to tackle the items that are on the agenda today i pray that you would give them godly wisdom directions and instructions on how to lead manage and operate this city and all of its departments give these servant leaders knowledge wisdom and courage to make the tough decisions oh god and how to deal with the communities and families the facilities businesses and any other problems and issues facing our city and its people we ask these blessings upon your people

[0:02:02] that you have called to lead this community and lastly lord i pray for the chief of police the entire police force the sheriff's department that they will continue to protect and serve the residents of our city and i pray for the fire chief and the fire department and all the first responders who serve our city and lastly i pray that you would bless our city with economic prosperity may you draw in and attract to our city industry businesses and corporations that will produce jobs and revenue and help it to progress and grow in jesus name i pray to the amen for which it stands one nation honor the texas flag i pledge allegiance to the texas one state under god one and indivisible thank you we will now move into the public comments section of the agenda today do we have individuals who would like to offer some public comment today county down one two three no public comment thank you i want to start by offering some comments myself and so i want to say i want to thank all of those individuals who have pulled together to create the coalition for the sanctuary city we have without hesitation and without limitation

[0:04:05] listen to all of you and some of you multiple times it is an emotional issue and many have shared very personal stories that make this issue even more dear to your life i believe most of you believe in the democratic process that we use we have listened to you we have listened to our legal counsel and we have then taken a vote on nick's steps forward we have not i have not worked behind the scenes to get the outcome that i want i have used the legal system to get a direction meaning a vote of the council that vote was not what many of you wanted the time frame might not be what many of you wanted these council members sitting up here with me today are strong good leaders who have been elected by all of you and they have their own opinions about what they believe is the right path forward and we have taken that vote we did not meet i did not meet to predetermine our course of action or vote i have said repeated it from the very beginning when mr mark dixon showed up at my restaurant to have a discussion with me i said to him then and i say it again i want the voters our citizens to have an opportunity to vote on the issue just like they did in lubbock i have said from the beginning the citizens vote and determine what they want for their city the process was used when the smoking ban became an issue the same process we voted to use on the sanctuary city issue what is so wrong with letting the citizens vote do you believe those of you sitting here

[0:06:07] today or in the prior meetings have a right to speak for all of the citizens we have elections for a reason to allow our citizens to express their support for candidates or issues i believe most of you support the democratic way we have not had an abortion clinic in this city for over a decade planned parenthood does not exist in this city the texas legislatures have passed the heartbeat act abortion has dropped dramatically in this state we have voted on a path forward for this city for all of our citizens not just the ones who have spoken or have been present at our meetings i have heard from many many people who want the democratic process to work and want an opportunity to be a part of the process to determine if they their city not just your city to be a sanctuary city and your council members have voted not behind closed doors but publicly in a city council meeting i nor they have not have not violated the texas open meetings act what i have said i have said publicly from the very beginning our city clerk and city attorney have been present at every meeting to make sure we follow all the legal procedures so that we don't violate any texas rules when advised to take a poll vote we have done so with that said i want to thank the sanctuary city coalition for the time and effort in getting organized and getting the necessary signatures we have voted to have a november election we i'm sorry we a public hearing first and then with that public hearing

[0:08:10] we will move forward with the correct process mayor gunter would you like me to clarify the next steps in the process i think you should okay after the public hearing on march 1st the council will make a vote on how to proceed you can decide to adopt the ordinance as presented you can decide to amend the ordinance or you can reject the ordinance at that point the initiating committee has 20 days to send me a statement that states how they would like to move forward after your decision and following that is when we would call an election and based on the state's time frames and their requirements for holding this election at one of our uniform election dates it would be the first tuesday of november at the earliest are we all clear on the process thank you we will now move is there any further public comment with none we will move into the old business consent agenda i will start with larry is there an item that you would like poll pull lucy no ma'am harry no man tom no ma'am tommy no i am then may i have a motion for approval of the consent agenda so a second please second and a second by tommy hebert is there any public comment on any of the items on the consent agenda scene none we will take a vote all in did you have something to say julia all in favor of approving the consent agenda please say aye aye are there any opposed with none oppose the motion passes six zero consent agenda is approved we will now administer an oath of office for our single member district five and

[0:10:14] we will have a presentation of certificate of election would karen jesse smith please come forward [Music] okay karen please raise your right hand and repeat after me i karen hesse smith hi karen hessey smith do solemnly swear do solemnly swear that i will faithfully execute the duties that i will faithfully execute the duties of the office of of the office of san angelo city council san angelo city council single member district 5 single member district 5 of the state of texas of the state of texas and will to the best of my ability and will to the best of my ability preserve protect and defend preserve protect and defend the constitution and laws of the united states the constitution and laws of the united states and of this state and of this state so help me god so help me god congratulations thank you [Applause] thank you madam mayor for the warm welcome i acknowledge the council members and city uh employees also present it's a privilege to have been elected to serve single member district five gratitude must first be given this is where i cry to my inspiring mother barbara hesse who embodies what it means to live a life in service to a city that she loves i further recognize my husband and daughter for their love support and patience it was certainly not the

[0:12:18] typical holiday season this year in this process i have discovered a diverse and incredible group of people who are dedicated to having the best for this district and for this city many of them worked tirelessly to help me arrive at this moment this is very much their victory too it's also a testament to teamwork i'm honored by their conviction that i can serve as their voice i take that responsibility very seriously i will work for the neighborhoods of smd5 and for the greater vision of what san angelo can become when good people work together i blame the tears on my mother i can't help it she's a legend and i'm so glad that she's here we will now have a reception on the second floor to welcome karen to city council so at this point any of you who would like to join and personally uh congratulate karen please join us on the second floor let's go their agenda comments regarding items on the regular agenda may be made by the public when each item is discussed as outlined above applicants proponents and appellants are exempt from the time limit above and instead must limit their remarks to less than five minutes item a is consider awarding the following contractors based upon scoring criteria set forth in the competitive sealed proposal procurement method and authorizes city manager to negotiate scope and contract pricing to be brought back for future city council consideration one rfpw hickory new production wells to hydro resources mid-continent incorporated

[0:14:23] to rfpw06-22 hickory treatment plant and well-filled improvements to plw waterworks llc and allison we have you on for the presentation morning mayor council allison sherby director of water utilities so just a brief recap of the hickory expansion project we developed this groundwater project a little over 10 years ago this project or this expansion project will be drilling five additional wells currently there are 15 this will have 20 wells total for the city of san angelo following this expansion it involves increased pump station capacity the pump station is located at the wellfield or at the ford ranch in melvin texas as well as increased treatment capacity here in town at our groundwater treatment facility which is what you see in the picture on the left of the screen this will take the entire groundwater system from 8 million gallons of purdue production and treatment to 12 million gallons in addition there will be two new two and a half million gallon clear wells constructed as a part of this project uh the clear wells are what is the final chlorination basically holding tank before the water is pumped out to the entire distribution system so the clear wells uh receive both surface water and ground water it is whatever we have treated that day to be sent out to the distribution system currently our clear wells i think the concrete stamp in them is 1947 and they have deteriorated since that time but what we currently have is just one large 5 million gallon clear well and so the ability to perform maintenance and operational activities on that clear well are very limited basically down to the winter months when we are on very low flow in the summer months we cannot operate or take the clear well offline to do any sort of maintenance having two two and a half million gallon clear wells will allow for that flexibility allow one to be taken offline while one is still in

[0:16:26] operation and so it allows or provides that flexibility and new concrete integrity and those type of things we went with this expansion project through a competitive seal proposal procurement so typically uh the city puts out just a rfb so it is a bid based proposal or bid based procurement low bid usually wins the award this one i'll go through the details of it but we put out two rfps so it is a proposal based one is for the new production wells which is just the drilling part of it and then the hickory treatment plant and well field improvements is everything else so it is dropping the pumps down in the holes that these drillers will drill equipping the the pads themselves the well station sites all the interconnecting pipeline out at the hickory well field and then the new treatment system clear wells it's it's everything but drilling okay so i want to walk through this competitive seal proposal procurement and why it provides the best value to the city of san angelo so as you can see there were six different components that made up these proposals price and completion time obviously was the heaviest weighted item at 35 percent current and completed projects and references were 30 weight project management ability was 20 and then financial stability subcontractors and safety record all played five percent of each of these proposals so with that um w0522 which is the new production wells we had two respondents to this proposal hydro resources mid continent they scored 94 points and then there was weizinger incorporated which scored 73 percent the biggest point discrepancy that you will see here and wasn't provided in the background uh documents is the price and completion time um weizinger's price was

[0:18:32] approximately 75 percent higher than hydros so therefore they got a 75 reduction in those points and then that was the 35 point bracket there um let me make sure i'm not forgetting um hydro lost five percent or five points in their category um there was one reference saying that they had a complaint about shifting project managers however the drilling personnel performed well and made up for that difficulty our sub or our consultants have also worked with hydro and they've had a very good record and very good working relationship with them and then both contractors lost one point in safety record because they had average to below average safety records but nothing out of the normal safety's not out of the normal low below is not out of the normal average we'll go with that average might be the good one if you have great safety you get a five let me rephrase that sorry okay so the next uh contract was w0622 treatment plant and well-filled improvements and like i said this is everything except for the drilling uh so this involves work out in melvin it involves work here in town so plw waterworks scored 100 points and keystone construction scored 96 or 96 points but both of these you can see are a lot closer because obviously the pricing side that holds the largest weight keystone was only seven and a half percent versus 75 percent in the other one higher than plw water works and then keystone lost one additional point for their safety record being averaged plw waterworks had a very good safety record so with that we are not asking for a ward of any sort of contract amount what

[0:20:34] we're asking for is for the city manager to be able to negotiate scope and contract price to be brought back to city council but we would go to these two highest scoring vendors hydro resources for the new production wells and plw waterworks for the hickory treatment plant and well-filled improvements that we can go start those negotiations and then bring back that needed information to proceed with a contract with both both vendors and i'll be happy to answer any questions you'll have are there questions for allison on this information and proposal okay seeing none then may i have a motion to allow for the city manager to negotiate and work through the details of this project and create a contract with to prove okay lucy has made a motion to approve and larry has seconded that motion is there public comment from anyone seeing none we will take a vote all of those in favor of the motion on the table please say aye aye are there any nodes with no no's the motion passes seven zero thank you we'll move into item b consider a warning rfb es-01-22 college hills boulevard reconstruction to reese albert in the amount of 32 million 661 thousand 71 and 98 cents i guess we don't add the two cents including and i want to make sure we watch that including 1 million 500 000 in contingencies utilizing 4 million eight hundred twenty four thousand six hundred six sixty of fund balance from the water reclamation capital fund and authorizing the city manager to negotiate and execute all related documents shane euron

[0:22:37] thank you mayor city council i'm glad to be here with you this morning long awaited for many folks here in town is the reconstruction of redevelopment of the college hills boulevard all the way uh the project limits of this are from luke 306 all the way up to avenue inn it's approximately 1.8 miles of roadway or a little over seven miles of uh lane miles of roadway so quite a large project is this is one of our art minor arterials here in town and so it it moves a lot of traffic and people people have been been wanting this project for a long long time i think with the exception of bell street we've this particular street has received most negative comments over the years so i think the audience should be applauding that we're sitting here talking about it today yes ma'am yes ma'am and we're proud we're proud to finally get this project put together and brought before you all as well too with that as we're looking at this you know when we look at the project limits as well and we and we talk about the the the large number for this which is the largest street project we've ever brought before council but when we look at this this also includes sewer line replacement water line replacement new underground storm sewer drainage systems as well which will be from the 306 all the way to the southern branch of the arroyo there as you can see and so we will be putting a lot of underground drainage in there and then of course uh as is what everybody will see will be the new pave new pavement sidewalks curb and gutter all along the entire stretch of the roadway as well too there will we will be widening widening the roadway to meet its arterial standard in some places when it was originally constructed it was constructed less than the arterial standard at the time but we will be widening those out to bring it out to its to its full arterial standard in those places as we look at the breakdown on this just so um again everybody kind of knows where the money is coming from which

[0:24:41] which funds the money is coming from and how we're going to pay for pay for this project we have the sewer utility it's a little over 10 million water utility a little over 3 million the drainage in infrastructure 8.5 million and that is from the federal arpa grant that we received um and then we have for the paper also remember not only received but approved by council to use those funds correct and whom and council did authorize the use of those funds specifically for this project and of course those uh arpa funds are you know specifically tied to specific uh public works functions that they can only they can only be used on those functions and so this was this was one of the qualifying functions that we could use the grant funds on and then of course the uh the paving uh and the pavement marking signage um sidewalks signals uh will be coming out of the street bonds funds at uh almost 11 million 10.9 million there so uh with a total of 32 661 091 and 98 cents we have um [Music] with this we also have to for the sewer portion of it to get the 10 million what we need to fund the sewer portion of it we are going to have to do a budget amendment for that and so this is how the budget amendment will break out using existing 22 water reclamation the capital budget that we have already set aside in in one fund we have the water reclamation operating budget and another fund and then we will need to pull up some fund balance out of our 520 water reclamation fund for the total expense of 10 million 61 000 oh no 600 i can't say that number yeah a little over 10 million dollars for the total project expense so um and as we wrap that up so this is where we will again be funding that project from so with that i'll be glad to answer any

[0:26:43] questions that you all may have about the project the first question that everyone would have is number one when does this start and when will it finish with this it'll take us about probably about 90 days to get all the paperwork completed and issue a notice to proceed this project is scheduled for a 300-day roughly a 30-month construction period so it will take quite some time to complete we will be working if y'all award this today we will be working with reese albert on the on the scheduling aspect of it and also the phase phasing of it to try to hopefully minimize impact as best we can of course on that southern portion of the project like i showed you a while ago with the storm water portion from the loop all the way up to the southern fork of the red arroya will take the longest and will have probably the the most disruption disruption of traffic and movements and flows that that will be there for the longest period of time and so but again all new utilities from one end to the other as well too the utility work you'll see the utility works start first and then from there we'll start start back on the road construction along with curbs cutters sidewalks replacing driveways those type things and you will be value engineering this correct correct we will look for we will we will we have uh we have um we will be going forward with uh reese albert after this meeting and if y'all award this today we will be sitting down with reese albert to see we we've believed that there may be some areas that we can reduce the budget in this and if we are able to find those areas where we can value engineer some of the dollars down and and hopefully find some ways to save save some money we'll bring that back to you all in the form of a budget amendment at a later date and so but again we feel really good about the project we think it's of course well needed well deserved and and um staff again recommends approval

[0:28:47] so um again we're just we're proud to bring this to you i know everybody's been waiting for it for a long long time are there questions tom how much is going to be concrete versus asphalt this is all this is going to be all asphalt at this point um now when we say that this is going to be of course we all like concrete you know especially from our point of view from the maintenance aspect of it but we bid it out in three phases of the traditional hmac hot mix asphalt you know that's our traditional roadways we bid it out in traditional concrete uh paving and then also with roller compacted concrete the price differences between the hmac and the in the concrete just the traditional concrete was a there was an additional four million dollars added to the price tag for that and right now we uh i don't know where to go find an extra four million dollars from so it was one of those things that we had to evaluate it very closely but we do within the new structure of the pavement here it's a very robust build we're looking at stable either lime or cement stabilizing the sub base and then 12 inches of base we'll have three inches of um type b hot mix and then two inches of tap d hop mix on top of that so it'll be a very robust um roadway when we get through with it and then hopefully there's not many trucks on this route we're looking at so understand that but i mean we talked about certain intersections if you could get them to concrete you might go 40 years other questions yes karen i have a question this this has a large impact on my district and i realize i'm swimming upstream first as a disclaimer let me say i know that this is a very important needed project and it was extremely important to my predecessor who's with us here today thank you for being here um i would simply ask for a very brief delay on a final vote so that i could meet with you personally and review the

[0:30:49] bid specs so that i understand it completely before i vote for 32 million dollar expenditure for the people that i represent we will not we will take we will ask for a motion and move forward based off a council's wish but we need this project to move forward i absolutely understand that and agree with you i just would like to be feeling a little bit more comfortable my understanding of that i'll be glad to go through all the details with you and to answering your questions that would be great great yes councilwoman just we'll i'll i'll visit with you after the meeting and and give you my contact information and i'll be glad to sit down with you appreciate that and i won't waste your time we'll go home any other questions or comments with none may i ask for a motion to approve as presented with that is there any public comment wayne carter district 5. [Laughter] i want to the mayor is right i think everybody needs to applaud this we've been waiting for this for a long time there has been a lot that has gone into this drainage studies over the years i ran my council campaign six years ago for one of these reasons which is this street i'm glad that it is going through um i i thank every single one of y'all for what the efforts that y'all have done shane um you're gonna hear it you know um but yes uh i wish i was up there with you all to vote i but if that means anything then i vote i for this and thank y'all for everything thank you lane any other public comment seeing none we will take a vote all in favor of approving as presented please say aye aye are there any opposed i think i'm opposed okay motion passes 6-1 item c

[0:32:54] consider approving an agreement with what rust street ministries for the construction use and maintenance of a small parking area on the southeast corner of the fort conchal property and authorizing the city manager to negotiate and execute all related documents bob you're on good morning mayor council our neighbors at russ street ministries need a little land to relieve some parking and traffic congestion the fort board has endorsed a proposal to allow them to have a 20 by 150-foot section that's on our eastern end the city attorney advises that the best way to do this is with a 40-year lease which the board has also approved so we seek your approval to move forward conceptually the city attorney will craft a lease agreement that will i presume be brought back to council approval of this would authorize the lease agreement so we'll save you a step forward staff have reviewed land peace in question and we don't believe there are any archaeological historical issues but we will run this by the texas historical commission as we are required and a preliminary assessment shows that there shouldn't be any issues the rust street would assume all costs of any improvements to that land um pending the lease agreement what would the improvements be uh just extending their existing parking lot 20 feet to the west and 150 feet north and south and the current parking lot is in good condition it is all right do i have uh questions for bob from any of council of approvals presented mayor thank you tommy second by harry any public comment seeing none we'll take a vote all in favor say aye with none opposed motion passes 7-0 thank you item d consider resolution allowing the

[0:34:58] adjacent property owner to remove a tree in the public right-of-way adjacent to 337 west two-week avenue per section 7.02.035 of the city code of ordinances and john euron thank you john james director of planning and development services uh this item as you mentioned is to remove a tree in the downtown you can see the location there uh the tree to be removed is closer to the corner they're still going to replace that with a new tree in the public right-of-way along the streetscape but just moving it back a little bit what size of tree would be replaced i would defer to the applicant on that i don't believe we have included a specific size of planting we need to but if that's your intent that can be added to the requirements so here you can see up close to the corner is the existing tree the applicant has provided some information in your packet about the health of that tree and the reason that it needs to come down i'm sure they can provide more information if you have questions but then they had originally shown two different options but staff has recommended keeping it at the streetscape which is recommended in our downtown plan rather than moving it back onto the property for the replacement tree and so that's what's before you today this is just a picture of that we called it partially dead tree i'm not sure um what stage of death or dying it's in but again the applicant had provided information from a landscape company that indicated that it was best for the health of that tree uh to be removed even though it's it's not fully dead yet so the pic show with that picture where's the new tree going um there you go yeah there you go right there and this is looking from abe is behind us in this picture on the left staff does recommend approval

[0:37:04] with two conditions to ensure that it doesn't create any traffic problems and those sorts of things and to ensure that the tree is installed appropriately we've included in the resolution a requirement that it be approved by operations as well as planning to ensure that it meets everything that's that's required of them i think that's it well you say the final tree selection you'll be working with them on but i think we as a council need to understand the size of tree because we don't want a little sapling put in the ground that's replacing a larger tree and considering the other trees are full grown adult i guess you call them adult trees or mature trees that's probably the correct word so i want to make sure we work to ensure the right size of tree not just a little something that's put out there and we can work with them to ensure that it's what we would probably do like you looked on the on the case a couple of weeks ago or a couple of months ago using the standard that is in the chadburn street project not necessarily for the top of tree since this is a different location but in terms of the minimum planting size we can refer to that questions yes in the background it does reference that there would be an eight to ten foot chinese pistachio chicken i remember the chinese pistachio i didn't remember the the size yeah thank you for clarifying that in the plan thank you i'm sorry i don't believe that is uh i don't believe we included that as a requirement uh but we can add that to the resolution if that's your motion uh to make that eight to ten foot tree the requirement for planting all right i'm going to have harry has a comment per question unfortunately this is probably not the only time that we're going to talk about tree removals the storm a year ago took a toll on many trees in this community so there's a possibility we'll we'll see other ones that will need to be taken out

[0:39:05] especially once the spring growth comes on and and we we see that some of these trees are not going to make it so anyway move to approve is presented i want that corrected that it moved with the addition of an 8 to 10 foot tree added to the requirements please okay all right second by lucy any public comment that was okay thank you and a second by karen any public comment seeing none will take a vote all in favor of the motion on the floor to prove as presented with the addition of it making it an eight to ten foot tree with that we'll take a vote all in favor say aye with none opposed motion passes seven zero all right we will move to uh the item e first reading and public hearing on an ordinance for z22-03 to re-zone a property from the two-family residential zoning district to the neighborhood commercial zoning district being .23 acres located at 103 and 107 west 14th street on appeal from a denial recommended by the planning commission and john euron thank you as you mentioned this is a rezoning from residential to neighborhood commercial as you noted also this is on appeal from the planning commission and so their recommendation of denial does mean that this will require a super majority vote so six of the seven of you would need to approve to overrule the planning commission's recommendation for denial you can see here in this this map shows fairly well part of the reason for the planning commission's recommendation for denial you can see it's it's kind of in the middle of the yellow which is neighborhood

[0:41:06] as well as the the rs2 single or two family zoning and there's another map here in just a minute i'll get to but it shows some of the commercial nearby but this is the notification area we did send out the notices to the surrounding properties within 200 feet you can see here we did receive one in opposition although that one is the immediate next door neighbor but then you can see a number of other properties in the area have responded in favor of this request we have noted the difference some of the responses came from owners of those properties but many of the responses also came from renters and so we made that distinction here just a few pictures of the area this church was built recently they did get a special approval a couple of years ago i think in 2019 to construct the church conditional use is required to construct a church in a residential neighborhood that was approved now they're wanting to it's still going to be a church but they're also wanting to add a coffee shop and we've had the question come up you know many churches have coffee shops within them to serve their their congregants uh but we make a distinction basically in our zoning that uh if if it's being served to the people in the church and it's you know on sundays wednesday nights or when services are occurring then that's really an accessory part of the church use but in this case they're wanting to go beyond that as a full retail coffee shop that would be open um you know more than just times when the church is is having services that's what pushes it into the retail category that prompts the need for a rezoning if they are to do that and you can see from these pictures that most of the immediately adjacent uses are uh existing single-family homes um although they are about a block from chadburn street the hidalgo's restaurant is right there uh just a block away i

[0:43:10] think that's part of the applicant's argument for this is that it is a it's very close to commercial areas this is looking from the property and this is literally not even a block away there's a funeral home and another church and so i think the point there is that it's it's not all entirely residential there are some non-residential uses this is a little bit larger zoom out of that area and you can see the the chadburn corridor as well as the bryant commercial corridor this is a residential area kind of sandwiched between those two major commercial areas and so really the question before you is is this commercial kind of right there in the middle of that residential area okay i'll point out a couple of things that staff thought about because we did recommend approval of this number one it's already a non-residential building the church but it is a small property neighborhood commercial that zoning neighborhoods in the name it's intended to be compatible with neighborhood development often we see neighborhood commercial sort of at the edge of a neighborhood but there's really nothing that says it can't be in the middle of the neighborhood if that's appropriate for the particular location the the second thing is that it's a fairly small property so some of the things that you can do in neighborhood commercial like maybe a gas station convenience store this property is just too small to have that so many of the things that neighbors might object to having commercial in their neighborhood would not be possible on such a small site and such a small building so those were a couple of the factors that staff looked at in terms of recommending approval and also 14th street is a collector and so it has more traffic than maybe a typical local residential street so again that those are the things that the reason staff recommended approval again this does come to you with a recommendation for denial from the planning commission and their thought was this really is too central to the

[0:45:12] neighborhood to let commercial encroach into the middle of the neighborhood like that i've kind of gone through the staff rationale already so i'll pass over that slide as well as the planning commission's recommendation i can come back to that if you have questions but again staff did recommend approval of this to the planning commission but the planning commission did vote to deny it and that was a 5-1 vote and so as i noted earlier this does require a three-quarters majority vote for you to approve with that i'd be happy to answer any questions i have questions from city council harry i'm going to take some direction from lucy since this is her district but i will make this comment i'm not a coffee drinker but you go buy any coffee shop in san angelo and there are vehicles out in the street trying to get in to get coffee so my question here is we're in a residential area and realizing the place is very small we're going to have people that are coming down that street looking specifically for that coffee shop and it and overloaded that coffee shop being overloaded i mean i i'm really having trouble putting a coffee shop in the middle of a neighborhood having said that i'll still take some direction from lucy lucy well as far as i'm concerned when i was looking at it i was going by what we've always done and that support small businesses this is a small business it is in the residential area but for me i don't see cars coming in like we see on nickelback or stuff i think this is a small coffee shop where people are going to go in and sit and it's mainly going to be a neighborhood coffee shop so i for my point of view it's that i would support it because i think that the neighborhood would benefit from it

[0:47:16] tom go ahead i'm sorry are they going to pay property tax are they going to pay sales tax that's the way commercial businesses should yes well the short answer is i i it gets complicated because uh it is a church but i think um i may defer to legal staff on this but i believe the portion of the building that would be used for a retail use would likely be taxable and so there would be some property taxes potentially on that but that's kind of over my head in terms of uh how that all works out in a building like that that's has multiple uses but in a church the dovetail with tom i'm scaring if you could please ask to speak may i speak please i'm sorry thank you um i did not find evidence of either property on the city appraisal district tax rolls at all they're they don't exist i'm curious about church so it's not it won't be on the church across the street was on the role sometimes the that was only built uh in the last couple of years and frankly the appraisal district something like this that's non-taxable it's not at the top of their priority list to get that coded into their system so my guess is that's the situation since it's not taxable it will at some point show up on their records in the future it should may i continue yes please um i i took a careful look at this because of my background i was particularly curious about this and of course i i want to support small business and and i applaud that almost unilaterally however i did notice that all the immediate neighbors the residential neighbors both across the street beside this property are quite handsome and well cared for and recently um recently upgraded if you will and i also

[0:49:19] read the comments that came in and there's some misunderstanding uh it appears to be from the comments people were uncertain whether or not it was a concession inside the church or whether or not it was a business to serve the community and i believe one of the nearest neighbors was was quite unhappy with the prospect of the business being next door to his i think recently built or recently rehabbed residential property i would argue that churches are not exempt from zoning ordinances and that this looks like spot zoning to me yes larry i know this is a small property but the concern i have is if council recommends us does this open a door for other commercial ventures on this property that's a good comment particularly as a big picture because they think once you open the door for one then the next one comes up and then the next one comes up and at some point our neighborhoods disappear john yeah there are two issues there one is what could happen on this property so there's no guarantee that the church is going to be there forever and by approving the commercial zoning you're approving anything that's allowed in that neighborhood commercial as i mentioned earlier the neighborhood commercial district is intended to be more friendly and compatible with the surrounding neighborhood so there is that but uh yeah you're you're not approving a coffee shop in a church you're approving commercial zoning that could allow any of those other uses it could become an office it could become uh you know any sort of retail um so yeah you you have to look at that issue for sure as part of your consideration uh also there is the issue of well okay what if the next door neighbor then comes in for commercial zoning how do you tell him no versus having just approved this

[0:51:21] and do you make that whole street a commercial corridor there are legitimate reasons for you to deny additional commercial zoning in that area but it does start to raise some some questions and in terms of what i would call illegal spot zoning i don't believe that's a concern here again because of our comprehensive plan does talk about specifically neighborhood commercial being allowed and encouraged inappropriate locations within or adjacent to neighborhoods and so i think you could given that this is a non-residential use of the property already it's not unreasonable to approve a commercial use again there's plenty of reasons to deny it as well so either one of those decisions i think are are legitimate and reasonable tommy are the proponents here they i believe they are yes okay i i have some questions for them but john first still for you um was a planned development discussed on this particular tract well it was under our current ordinance plan developments have to be a minimum size of one acre which this does not meet uh and so that would not allow that so zoning is the only way to get if assuming that it did pass the zoning is the only way to get the allowed use requested use allowed yeah this is the lowest intensity answer for for being able to allow them what they want to do okay okay and then i may have a couple of questions for the proponents yes go ahead tommy um would you like to come forward to the microphone please and go ahead and introduce yourselves please good morning my name is edward gonzalez and this is my wife linda and we're the owners of the property at 103.14. couple questions in the information you all brought this morning do i notice your residence is across the street from this is that what i notice yes we own there's

[0:53:26] 10 lots on this block and we are the owners of five of those lots we own half the block okay um what do y'all see or what it would be your plan for the hours of operation and and days of the week limited hours three possibly four days a week and also we will be paying sales tax and we are not a 501c3 non-profit we do pay property taxes the reason it's probably not reflecting on the tax roll is because we just completed this in january after a two-year four-month renovation process okay okay and i'd like to take the time to read in the interest of time i've prepared a short letter with some key points that i'd like to read and we would welcome any questions at the end if we may please and i'm not sure if y'all can hear me approximately two years and four months ago we were approved for conditional use as a church ministry we bought the land moved a building onto the land and began extensive renovations then a very short time later coveted hit and not only affected the lives of people but also the livelihood of the people a lot of businesses had to close their doors and churches were no exemption most churches lost 90 percent of their congregants and are still trying to keep their doors open lack of attendance is partly due to services streaming on social media instead of in-person attendance some churches have had to close their doors and sell their building as of last week there were eight churches on the market in this area alone we continued to move forward but it hasn't been without its challenges prices on building materials and everything else have skyrocketed not to mention the shortage on building materials and supplies we have had to travel to midland excuse me odessa abilene and dallas just to get the needed supplies to complete this project we have complied with all the commercial codes required by the city planning we are seeking approval for a coffee shop inside our ministry building we don't want to be another ministry that has to close their doors we're not looking to be a mcdonald's or starbucks this will

[0:55:29] be on a small scale there will be no gas pumps or anything of that nature our building is on a corner lot with a six foot security fence around three sides paved parking is set in 25 to 30 feet inside of the property which is a plus this street is a wide street with a bike run on both sides this coffee shop will not change the deny mexico of the neighborhood as 14th street is a very busy throughway this is not your typical tranquil neighborhood by any stretch of the imagination there's heavy traffic on 14th street because it's the cross through street between north bryant and north chadron by police fire ambulance and commercial vehicles to include city trucks sa isd vehicles 18 wheelers front end loaders material haulers and funeral processions one of our neighbors said it best when they emailed the letter to the city planning department in favor of this joan zone change stating we live among a funeral home pawn shop hotel chicken place mexican restaurant muffler shop and so much more our building is half a block away from mlk and one block north from north chadburn there are 13 businesses that surround our ministry building to be more specific there are four houses that separate our building and the hidalgo's restaurant and palmer feed two houses that separate our building and the funeral home and three houses that separate our building and the next church building we are also located next to a triplex there are limited houses so will not be a big imp impact on our neighbors we live across the street from our ministry building in fact there are 10 lots in this block where the building is located we own 5 of the 10 lots which is half the block recently in november of 2018 a church by the name of second baptist church located at 530 west avenue t requested a zone change to commercial to neighborhood commercial this church is located in an all residential neighborhood there are no businesses near or around this church yet the request for a neighborhood commercial zone change was approved we have included three photos of this church in your packet

[0:57:32] one last thing all the utilities in this building are commercial which means we are paying higher commercial rates without the benefit of using the building as commercial we're respectfully requesting a zone change to neighborhood commercial we hope the photos we've supplied to the city council will give you a better visual thank you questions comments i just wanted to make a comment first of all we're not related so if anybody's watching [Laughter] and second of all i think he specifically hit a lot of key points and the other one was that it's going to be a small coffee shop for the neighborhood define small well in our ministry we have three congregants there's not a lot of people if we don't get approved for this we're going to have to close our doors as well small would be we're not really big my husband's a coffee drinker i'm not really a coffee drinker but ministry and coffee seem to go hand in hand so it would be hopefully the neighbors neighbors and maybe we'll get we we do have elderly elderly that like to go and sit in a coffee shop and talk what makes us different is that ours is it's christian based we have put a tv in the corner in your packets and we'll maybe show a christian movie and or be playing christian music um the neighborhood that we live in is not the best neighborhood there are a lot of things that go on in that neighborhood and since we have started this building there people have started fixing up their houses neighbors have taken more of an interest in each other and taking care of each other and that's why we feel that bringing a coffee shop to this would benefit everybody because realistically there's not a lot of people that want to get up and go to church for fear of covid but people will get out and go to a coffee shop or go to a restaurant

[0:59:35] and we've been i'm sorry we've been in the neighborhood for about 10 years so we live in the neighborhood we're not trying we're not building something and leaving the neighborhood we live right across the the property and since we've been there we've improved i wish you could have seen how the neighborhood looked like before we got there but since we've purchased the lots in that area we've it's been it's the improvements have been drastic and we've seen as we've improved the property our neighbors have improved their properties too so i think one of the council members mentioned how well the properties do look in that area yes and thank you the letters of support john for this project how many of them are the are letters from you who own five of the properties of the ten actually i might defer to the applicants to point out which of those which of those they own on that map uh the let's see we're right here in the these two lots here that's our property i don't know if i'm doing this correctly or not but the neighbors on either side of our property there were they're in support and i would say the other ones are on 13th street which is um be south of 14th and i'm not too sure about the other ones because there's a lot of there's a lot of empty lots there too and i think those were the ones the owners that you know supported the the proposal too so so show me again the lots you own these this right here this area and

[1:01:36] this one too these three lots here and then the proposed area is two lots these two so those properties don't have a green star biome so you didn't write letters of support for your project [Laughter] we were allowed to do that good answer yeah yeah good because then you'd have had five more in favor so you can add five to that are there further questions yes please tom so if you if you're going to make a coffee shop i'm at a coffee shop you don't want it to be small i mean you're going to have to generate revenue any church i mean you can provide coffee i get it you know we get while you're trying to get them there but you know when i look at this 14th is busy i mean you've got palmer feed you've got ileana's you've got the baymax you've got everything 14 is a pretty busy street from a commercial opinion you when you say you want a small coffee shop i mean if you only make five bucks a day is it really something and as you all referenced you're already bringing something back that we did across town on t that's coming back to haunt us because of a zoning in a commercial here so you know i look at this and you're i see what you're trying to do and i see where you're trying to go with it and what you're trying to do but you want it to be big i mean you don't want to have a small coffee shop and you want to draw people in so i kind of see a little bit of conflict of what we're saying and communicating here and looking at your parking you're already channeled down into a funnel basis basically an hourglass again in park much like at ileana's burrito i mean it's going to be tough to get in and out so you know i look at that do you want it i mean how many people day do you think you'll serve well we plan on limiting that just because of the hours of operation and the days of the week we only plan to stay open you know three to three to four days maybe just three days out of the week and then limited hours i'd say from six to uh from six in the morning

[1:03:39] seven in the morning until about maybe two one or two o'clock in the afternoon john is it to add to that because i think tom's on to something i mean the amount of revenue is questionable that you will change the dynamics of the ministry in itself there would be no reason why someone couldn't serve coffee and ask for a five dollar donation and it then wouldn't be a commercial business right obviously there's there's a gray area there where you crosstalk we're bringing it up because gray always gets us in trouble yeah so um if it's clearly a part of the church and it's uh it's coffee that's sold or by donation to people attending a church service or attending church events then it's clearly part of the church if it's the closer you get to being open to the public and people just off the street can come in buy coffee and leave or through a drive-through you know get their coffee then it starts to look more like the retail so it really depends on the operational characteristics of each individual use but the way they've described what they're proposing to staff it looks like it's crossing into that retail category and is not just serving church you know church folks because then the next question is what part of the real estate has a wall up that says this is commercial and then this is the church because if you're sharing that common land square footage what's commercial and what is church well the way we would look at that from when we look at like building codes and those sorts of things we define the area within the building that is used primarily for worship services the area of the building primarily used for retail and so presumably they would have you know a room or the kitchen that is you know where the coffee is prepared and where the drive-through window is

[1:05:42] located and where the seating for uh people are that would be the retail part and then the you know the worship area the the chapel or whatever would be the the church part and yeah there's going to be some overlap probably because the photographs and looking quote at a small building and i see the photographs i don't see where the church is all i see is how big the coffee shop is as it relates to zoning you would be approving the whole property so they could make any part of that building a coffee shop they could close the church make the whole thing a coffee shop and so this gives them that ability to do that from again there may be some issues from how it's taxed or you know building code kinds of issues but from a zoning perspective to us it doesn't really matter what part of the building is is which it's just allowed if you approve this and if you don't approve it then it's not allowed in any part of the building my concern is okay so it gets approved and then the church isn't financially stable then anybody can come in and put any business in they want if they sell the building that's correct as long as it's one of those uses allowed in that neighborhood commercial district yes i you and i are in the same wavelength i wanted to remind everybody that you're not approving a coffee shop today you are approving a designation and zoning that can allow other uses besides coffee shop and this issue of spot zoning's come up a couple of times and just as an instructional um thing there's case law that defines what that is you know there's like a series of seven tests that you go through those are the same seven things that our staff recommend or reviews and that's in your memo from staff in your packet addressing those factors determining the appropriateness of any zoning so as you're looking through these your packets there is information and then addresses the issue of spot zoning based on the case law okay further questions comments i'd like to make a comment we had a

[1:07:46] building a church before this one at this location and we used to serve coffee to our congregants and we put a jar out there and in three years we got 21 dollars i remember reporting that on our taxes that we only got 21 dollars so asking for you know donations for coffee it doesn't work and i really didn't want to bring this up but i think it bears saying not not to make anybody look bad we love john james he's been very supportive but about four months ago we went and spoke with another uh city employee in the planning department and we asked to get a zone change because of everything that was going on people weren't going to come to church there was a big scare and we asked to get a zone change and he said we already were neighborhood commercial he suggested the coffee shop and he said you know like paul and these other ones that suggestion came from him and so i said you know me my husband need to talk about it we talked about it and we thought you know what we could do this so we cashed in our retirement and took out yet another loan four months ago and proceeded with this building only to find out in january that we were not approved and here we are today now it is going to be limited um days because we do own a heating and air conditioning company so that's why we know that it will be limited but had we not been told that we would not have how have we not been misinformed with that information we wouldn't have proceeded this far i think the question mark is the financial stability of a church is based off of numbers of people in the congregation not establishing a secondary business within that facility to give a strong foundation for success of the church and so are there any other questions or

[1:09:49] comments all right then i want to make sure that the motion or lack of emotion or changes to emotion what we are doing today is to vote because the planning department planning commission denied approval today you're requesting a vote to do what to either uphold the planning commission's denial or to overturn the planning commission and approve the request all right is there a motion on the floor i move to approve to uphold the no i'm sorry no not to uphold but the not for the denial for what they're watching overturn the denial is there a second any further public comment all right i'm going to take an individual vote do each if you vote yay you are voting to deny this you would be voting to overturn the planning commission's denial if you vote i if you vote no you support the planning commission correct larry yeah if you vote you're over you're voting to overturn the planning commission's denial if you vote nay then you are voting in support of the planning commission's denial erin nay lucy hi harry hi hi okay and i'm voting nay so that would be a four nay and a three yay did i count correctly thank you for being here today thank you

[1:11:51] for your time next item is f public hearing and first reading of an ordinance annexing into the city of san angelo by petition of the property owner and unaddressed 9.278 acre tract of land out of the deaf and dumb asylums lands survey number two abstract number 8211 tom greene county texas located southwest of sherwood way and fm 2288 along the southward extension of appaloosa trail john you're on thank you you accepted a petition for this a couple of months ago this is a proposed annexation uh this is highway 67 on the north of the screen there this is the boulevard apartments out at the edge of town and so this in red here is the proposed annexation which is what's before you today and i'll i should note that um i'm pres this presentation includes the zoning item which is the next one uh so i don't know if we want to read that one in as well okay so let me go on to item g first reading and public hearing of an ordinance for z22-01 a request to zone a property to the low-rise multi-family zoning district in connection with an annexation being 9.27 acres located at the southwest extension of appaloosa trails southwest of sherwood way and fm-2288 thank you so this is you can see the the zone or the future land use for the area's neighborhood there is no current zoning because it's outside the city limits so as part of the annexation this is a zoning case to actually establish zoning on the property and the applicants for the annexation have requested the rm1 zoning for apartments this is just the survey of that property so as i mentioned on december 7th you

[1:13:55] all accepted the petition for annexation which really just means it kicks off the process to begin all of the work that has to be done for annexation the zoning com planning zoning commission has recommended the rezoning as discussed for the apartment zoning and then of course today is the first reading and public hearing on the annexation as well as the zoning and then on march 1st will be the final reading of both so if you approve it both the annexation and the zoning will go into effect on that second reading on march 1st so again you can see the the notification area as normal we notify everyone within 200 feet in this case it's only a handful of owners because of the large properties out there but we so we sent five notices one in support from the owner no other responses from the other properties this is just a look appaloosa trail comes off of highway 67 and basically dead ends but this part of this will be the extension of that on and you'll see a little bit more about that on the thoroughfare plan amendment in a few minutes and there's the end of the property but it's again it's been designed as a continuation of that street as future development occurs in that direction so again the rm1 zoning is compatible with the plans for that area as neighborhood future land use we believe it's compatible it's it's it would be new apartments adjacent to existing apartments right close to the highway there and as we know the housing study that was done a couple of years ago did identify a need for more multi-family housing in the city and we believe this is an appropriate location for that so staff does recommend approval of both the annexation and the rezoning or it's not a rezoning it's a zoning and the planning commission did recommend approval of the zoning as well the planning commission doesn't have to see an annexation we presented that to

[1:15:57] them just for their information and they were supportive with that i'd be happy to answer any questions are there questions comments issues with none me i have a motion for approval of do i need to do f and g separate or i can go ahead and do them separately okay we'll start with a motion to approve item f by tommy seconded by tom i think i can't hear all this here okay so with that any uh public comment on item f and the motion on the table scene none we will take a vote all in favor say aye all right with none opposed uh item f has been approved seven to zero we will now move to item g may i have a motion for approval of item g so so moved by tommy second and by harry any public comment on item g scene none we will take a vote all in favor of approving item g say aye are there any nays with no nays motion is approved 7-0 we will now move into item h consider amending the master thoroughflare plan to realign future artillery and collector streets located southwest of sherwood way in fm 2288 including twin mountain drive pinyon ridge drive and appaloosa trail john thank you again john james director of planning and development services this is related somewhat to that annexation this map here shows the existing thoroughfares which are the major streets planned for these undeveloped areas and this is just an amendment to that i won't read through all of this but basically the comprehensive plan has an element that is the thoroughfare plan which identifies where future streets should be located everything from major arterials which are the biggest streets to collector streets which are the more minor streets it does not address local streets which

[1:17:59] are all the other individual streets that aren't the major thoroughfares we periodically review this and based on conversations with three different developers of land in this area including the apartment complex that we just talked about we've noted some need for some changes to the third fares in that area so you can see here this is that appaloosa that exists and right now you if you saw on that other map what it looks like is something like that and so appaloosa would basically just curve and turn into pinyon ridge based on the development plans of the developers in that area what we're now proposing is for appaloosa to continue straight and for pinyon ridge to continue and not only tee into appaloosa but then continue on over to what will ultimately be an extension of twin mountain drive 20 of that twin mountain drive as shown here done no that is all future future plans uh one of the things that we did twin mountain drive on the current plan is something more like that given some topography and other issues we realize that that putting the road through there would be much more expensive so we've we've moved it around to be more like that just to avoid those topographical issues again just a reminder these thoroughfare plans are all very conceptual so the line on the map doesn't mean that's exactly where the future street will be as part of the design and engineering process the actual locations of those get you know basically put on the ground and similarly with these roads those will get built as those developers build their individual subdivisions and so those roads could shift around a little bit and that's that's anticipated this is really just a way to ensure that the overall connectivity of the community occurs so if for example this developer here decides not to extend that road through

[1:20:00] all of a sudden there's not connectivity and you could be shutting off large areas of development from getting back to and you know over to sherwood way and so again the third for plan is to ensure that interconnectivity of the major roads throughout the city we have shown appaloosa continuing across the railroad track to connect into twin mountain that may or may not happen that involves a lot of coordination with the railroad we want to show it on the map just as a possibility because if we can make it happen it would be a good idea but in the long term appaloosa could end at this street and you know it comes in like that and it may not cross the railroad tracks so but again if in terms of long-range future planning we want to keep that in as a possibility i think that's everything unless you have any questions again this is recommended by staff and the planning commission also unanimously recommended approval do i have questions from council members moved by tommy's seconded by by karen and then public comment please with none we'll take a vote all in favor of item h as presented please tell me with none opposed it passes 7-0 there are that concludes the regular agenda what i would like to ask and see if we could do can we go ahead and move into approving the various board nominations while instead of going into closed session right now okay with that um item 9b is considered approving various board nominations civic events advisory board norma brauner smd4 to first term ending december 2023 construction board of adjustments and appeals roger julian mayer to the third term ending february 2024 costa dc board chris evatt mayor to first full term derrick mcintyre smd-1

[1:22:04] and joe spano smd-2 to a first term all-ending february 2024 and ruben ceballos smd-4 to an unexpired term ending february 2023 design historic review commission laurie decker's smd-1 to a first term ending september 2023 fort concho museum board colleen haddad smd three to first term ending january 2024 paul monty stanley smd-4 to an unexpired term ending january 2023 keeps an angel beautiful sean stein mayor pro tem alternate to an unexpired term ending september 2022 the planning commission sam gomez smd six to first term ending january 2024 is there a motion to approve all of these as presented emotion is triple second and with that any public comment with none we will vote all in favor of approving the board nominations say aye aye any nays with no nays those board nominations have been approved we will now move into closed session executive session on the provision of government code title v open government ethics subtitle a open government chapter 551 open meeting sub chapter d exceptions to requirement that meetings be open under the fine sections section 551.072 deliberations about real property regarding 17.583 acres lot 90 block 2 section 9a red arroya hills edition mb section 551.071 consultation with attorney regarding ccn amendment we are at this 10 24 moved into executive session meeting back to order at 10 45 a.m and with that we will make um the announcement tommy hebert if you would please

[1:24:06] discuss with uh may i make a motion to authorize the city manager to negotiate and execute an agreement with the millersview dual water supply corporation to amend the certificate of convenience and necessity to allow the city of san angelo to serve specific millersview dual water customers there is a motion may i have a second please in a second by lucy any public comment on this item having there be none then we will take a vote all in favor say aye aye are there any opposed with none opposed that motion passes seven zero we will move into item c announcements and consideration of future agenda items are there any hearing none may i ask for a motion for adjournment some move by tommy seconded by lucy and anyone in the audience opposed with none opposed we'll take a vote all in favor motion passes 7-0 we are officially adjourned at 10 46 a.m on this tuesday february the 15th you

Captured 2026-07-26 · source: youtube.com/watch?v=cUGNhKkAbf4