San Angelo City Council 8-21-18

[0:00:00] to order it is 831 a.m. on Tuesday August 21st welcome to the City Council meeting we will start off with the legislative prayer Tom would you please lead us gracious and Heavenly Father we gather this morning in your holy name we appreciate the fact that you allowed us to collectively assemble to try to make wordly and wise decisions that will affect people within our city and within our County and we try to make those through the best of the ability that you have granted us in the book of Isaiah you asked who to sing and we we have Bradley we have gladly taken that challenge and said send us and we hope that you understand we try to do these things with the best of our ability we pray for our world in our nation we pray for those that don't have the ability to assemble and speak as we do we pray for our county and city we pray for all those people within our boundaries that we help and we try to assist but most of all we pray and we thank you for your son Jesus and your holy name we pray amen we have the bandits football team here today to lead us in our pledges would you please come forward I'm gonna come right on over here we're gonna turn this way cuz our flag is right here [Applause]

[0:02:26] [Music] [Applause] this morning our proclamation of august 30th 2018 as West Texas RSVP volunteer recognition day do I have anyone from RSVP terrific the 37th annual West Texas RSVP volunteer recognition event provides the opportunity to celebrate and count the ways volunteer service makes a difference in our communities volunteers who serve through West Texas RSVP take part in activities that enrich their physical mental and emotional well-being the 2018 older Americans themed engage at every age reflects that now more than ever before older adults are offering their wisdom and experience West Texas RSVP enriches the lives of individuals of every age by promoting home and community-based services that support independent living involving older adults and community planning events and other activities and providing opportunities for older adults to work volunteer learn lead and mentor therefore I Brenda Gunter mayor of the city of San Angelo Texas on behalf of the city council do hereby proclaim August 30 2018 as RSVP volunteer recognition day in the concho Valley focusing on volunteer engagement recognition inspiration and countless acts of service to others members this is the 37th year that we're honoring RSVP volunteers for their service to the community and this past year we had 431

[0:04:31] volunteers that gave over 73,000 hours of service at over 40-plus nonprofits across the concho Valley and we're really excited because one of the nonprofit's we nominated for the governors awards one Russ Street ministries and for the second year in a row West Sarris 51 the national service Governor's Award for the second year in a row plus the third year out of six years so we're real pleased at the impact they have in the community and we'll be honoring each volunteer but will also be honoring volunteers who have a lot of hours at specific agencies so they do a great job in the community and we're going to ask agencies because we're talking about counting the ways volunteers make a difference we're going to be asking agencies to talk to the volunteers and tell them the impact that they make at their agencies so thank you [Applause] we will now open the meeting with public comment I did not mention it earlier but please check to make sure your cell phones are turned off and I also want to announce that at the last City Council meeting we said that today we would discuss the three districts the river corridor the downtown and the cultural affairs district we are not going to have that on the agenda today it will be on a future agenda and we will let you know when that is any further public comment when a council Lance Overstreet assistant director water utilities I'm just basically making a public comment letting everyone know that we did have a credit card security type breach this last Friday that affected the water billing system that system is still currently down we are not accepting any

[0:06:34] credit card payments except through the six five seven four three two three automatic pay and we will be actually bringing updates to the public and to council as we receive more information what happens to the individuals who have to pay and using their credit card for their water bill because they might be sort of cash whatever how do we handle that it can actually call the automated number that six five seven four three two three that is an automated phone service that is completely separate system from the one that had the breach and right now we are currently in the process of rebuilding a server to get our credit card system back online they had that operational yesterday ran a few tests and there's a couple more glitches they are trying to actually remedy prior to bringing that backup online are we going to do a crawl you know in the news that night or during the day that says if you need to pay by credit card call this number because I'm nervous people aren't watching this I'm nervous they didn't get the I'm just nervous people are not aware of what's really going on if you actually log into the the click to gov and through the city system there are notices on that system as you progress through it that the system is down and utilize that number so I don't have a computer what do I do if you don't have a computer and a crit you wouldn't be using your credit card unless you're already calling the number so we've covered all the issues in terms of making sure customers don't get water turned off or negative phone calls or any customer service issues correct absolutely and even if you come into the annex and need to pay with credit card in the annex through the water billing so we were actually making the phones available for them to actually do it right then and there so thank you thank you do I have further public comment era counsel Steve Hampton I would like to see some some evaluation of how we could wean the city from the

[0:08:40] grid and make us which great are you talking about the electrical grid where we could go and a lot of the budget expenses that we have I think come from electrical costs I know we probably have some kind of a deal but I don't have the particulars on it some education could be had about that and how we could use the gas out at the dump for our advantage and then maybe producing electrical for further for the land we're in the process of looking at methane gas from the don't think yes okay and not original ideas and just never have come to boil to the top and really been evaluating boy oh it's boiling excellent thank you very much thank you any further public comment yes Lucy please I just wanted to make her is anyone here from streets and bridges because I had been getting questions from the constituents wanting to know about the silicon project that is possible beginning college hills and poly an addition so I don't know I think hi Lucy in regards to the sealcoating program hey I'm Russell pale the city engineer for the city of San Angelo and I'm here to talk about the seal coding program so when they were scheduled to be here next week but due to the rains though we had last weekend you know they had rains where they were currently stationed at now the contractor they've been pushed back to the first week of September so they will be here the first week is

[0:10:44] September they're scheduled to have you know are they're anticipating to have the work done in two weeks once they're here but you know the street they'll have the seal code actually down but the street sweeping will actually take a little bit longer than that to follow up behind them to clean up can I ask about the street sweeping this is just a comment that I was getting ready to get in Houston hard on Friday or Saturday and there was a sweeper at the 7th oh six okay he was doing some amazing tricks there on that side street that frontage road including backing up into the turn thing I will tell you it's pretty dangerous looking to see what happened because the somebody exited off of the end of the loop and came around he would have yes sir or I think it did oh you're right because so if it's on the front of drill that's actually takes that right-of-way and that would be their streets we need to have that conversation with them because what was happening was not safe at any level wrestle before you go are you are we up to speed ahead of the curve with potholes in the areas you know I do know that stream bridge is working on that currently and as far as I know they are ahead of the curve working on that so thank you any further comments from Council other than the laughter and jokes going on on the left side here Tom it's okay any other further public comment today with no further comment we will move into the consent agenda does anyone want to pull anything from the consent agenda Tommy ma'am Tom well Carrie Lucy Lane with no items being pulled from the consent

[0:12:49] agenda may I have a motion to approve consent agenda Ruth any public comment no public comment we'll take a vote all in favor of approving the consent agenda say aye any nays motion passes 7 to 0 we will now move in to the regular agenda starting with item a presentation of annual act irreal analysis regarding the risk fund and we have a Martin Jason here Jason Martin here right actually ma'am I'm Charles Hagan good morning my Eric Koston Charles you're not on here I'm going to introduce Jason okay okay so we're gonna go forward you should have received a book like this that covers the actuary report that we're going to discuss this morning it's nothing more than an informational brief to help you with your funding process or a budget process for funding the self-insurance fund so Thomas Watson and Willis performs our actuarial work and Jason Martin is the presenter and he will present to his findings you want to talk about what actuarial is because it's since it's hard to pronounce it's probably hard to understand yes ma'am they take our past history they run a bunch of series of tests and analysis and they come up and they find where we should be or how much funding we should acquire to maintain the self-insurance fund going forward on each one of our accounts such as workers comp property auto and general liability and then they come up with a figure for us that we should work with or work towards having as part of our funding process for self insurance fund good morning good morning sure to be here the morning to present the findings from the September 30th 2017 action well report here Jason yes I am Jason Martin with Willis Towers Watson the slice advanced so before we

[0:14:59] get started reminding that this presentation and the actual report itself is really intended for the city itself and for making any decisions in terms of what you would like the microphone up I'm afraid people 90 ins can't hear is this better okay great thank you so the findings from this study had really intended for the internal use of the city any judgments about it we'd ask that you'd make any decisions based on the full report itself as opposed to just this summary as we get into the table of contents itself we're gonna be talking a little bit about your current self insurance program and then get into some of the objectives of the actual report and then we'll get into the findings as well so why do you have an actuarial report well the city has a self insurance program when we talk about self insurance if you think about your own homeowner's policy or automobile policy you have a deductible let's say so if you have a claim or if you're in an accident you will retain the first portion of that claim which whatever is within your deductible so if you have a 500 deductible you'd retain the first 500 dollars of that claim the city is in a much similar situation the only difference is is that the retentions or the deductibles that the city has are much larger so as we show on this table for example workers compensation the city's deductible or the retention is $650,000 so you retain the first six hundred and fifty thousand dollars of every claim for general liability it's an unlimited for law enforcement public officials you're retaining the first half million dollars of every claim and then if a property is between ten or twenty five thousand dollars depending on the incident surrounding the claim itself so what the actual report isn't is designed to do part of our objectives were to help you understand how much money should you set aside so that you can pay the those claims for workers compensation or general liability other claims that have happened in this case prior to September 30th of 2017 how much money should you

[0:17:03] set aside to cover those claims so that as they start to get paid out over time you've set aside enough funding the next piece that we're providing is a forecast so in this case for claims that happen between October 1st and September 30th of 2018 how much money should you set aside now so that you have the funding in place to cover those claims when they come due so those are the two main objectives and the information that we're providing in our report as we go through the findings you'll see that we're providing both an unpaid estimate on an undiscounted basis as well as on a discounted basis so the difference between those two is on a discounted basis is we're accounting for the time value of money so we're reflecting the fact that some of these claims especially for workers compensation you may not be done paying out on those claims for another 30 years it can take a while for those claims to settle out so this reflects that you set aside assets now and those assets are set aside they get invested and so you want to earn investment income so it's saying that in order to pay $1 of projected liability tomorrow you may only have to save 80 cents today to reflect that you're earning investment income over time before you actually make those payments so we provide those estimates on both a none discounted net discounted basis and the rate of return that we're using on that was provided by the city it's about one and a quarter percent and that's based on an expected return on the assets that you do have invested so as we get into the findings itself that first is the unpaid loss estimate in this case in total for column one the undiscounted amount it's a total of about 3.4 million dollars that's comprised primarily of the workers compensation liability we're expecting that to be about 2.6 million dollars and then I combined basis for the liability and property lines it's about seven hundred eighty six thousand dollars the forecasted year so in this case these are for claims between tober first of 17 and September 30th 2018 we have a total forecasted loss

[0:19:06] estimate 1.8 million dollars again the majority of that is from workers compensation about 1.1 million dollars is what we're projecting for claims that happen during that 12-month period for the liability and further property lines it's about six hundred eighty-eight thousand dollars what the city has set aside to to cover those liabilities is to self insurance funds and so in this case those funds their assets they're set aside to cover these liabilities so when we provide these liability estimates the city will true up those funds and look to see how much money should be set aside to cover those what we provided in this slide here is a surplus estimate so we're looking at in this case if you look in column one the city self-insurance fund to assets for workers compensations about 1.6 million dollars our projected liability is the 2.4 million dollars so in this case there's a surplus deficit if you look for the liability and property so in column 2 can I stop you just a minute Jason so the numbers we're looking at today are not actual as they are the plan in this case this is what was in place at September 30th the 2017 so the assets that were in place at that point in time and then what our estimate of the liabilities were at that time so this would have been at September 30th of 2017 this isn't we're you know 60 days away from ending this 2018 so the question mark is this is the game plan what's the actual and you're going to present us with the actual base off of the plan right these numbers are assets and expected future payments yes I got that I'm just interested in reality these are the actual numbers at that point in time yes yes so the actual amount that we were expecting at September 30 2017 is the 2.4 million that's what we expect to be paid in the future to cover claims that had happened through September 30th of 2017 and the funds that are set aside to cover those

[0:21:10] liabilities was 1.6 million for the Workers Compensation so that deficit is what we're reflecting here for their property and for the liability line though is there is a surplus in that case so for the assets that are set aside for those coverages it's at the one point five seven five million dollars our estimate of the liabilities at September 30th 2017 is the 776 thousand so there is a almost $800,000 surplus in this case for those coverages so on a combined basis between the two that you're still up three thousand dollars in the the bottom section we're providing surplus ratios which compare the amount of surplus you have in place to benchmark ratios so with the first one the unpaid estimate relative to the surplus the benchmark is anywhere less than a ratio of three within that when you're less than on one ratio so you're within a reasonable range in terms of the amount of surplus you have set aside same for the loss forecast where we're looking at the forecast we have for the upcoming year divided by that surplus and in this case you're also within a reasonable range and finally the last one is looking at the amount of surplus divided by the max retention so for workers compensation that would be 650 thousand for the general light blue lines it's a half million dollars and again for the liability of property you're within a reasonable range of that surplus if you think about the surplus and why you would have that like why it's important to have the surplus is there is inherent variability within these coverages so we're basing our estimates on what we know at a particular time for the claims that have happened at that point there could be a claim out there that has happened but hasn't been reported yet or it could be you have a claim that you're expecting it's only cost about $50,000 and you maybe later find out that the person needs surgery or they need to have surgery again or they're not recovering as expected so you can have those additional costs that were unexpected so this surplus is set aside to help with that inherent uncertainty within these coverages to give you an

[0:23:14] idea of some of the variability around it for workers compensation if you were to have just one additional claim at your retention limit that would increase your your unfunded or your liability here then in this case the 2.4 by about 27% and then for the liability of property if you were to have an additional half million dollar claim it's over a fifty percent increase and what we were expecting to happen so it's just understanding that there's some variability around the ages because there's uncertainty in terms of the claim experience themselves in terms of the number of claims that could come in how severe those claims are and so that's one of the reasons for looking as a surplus and for having a surplus in these funds is to account for that uncertainty yes Billy I'm sorry I'm just curious Jason I tried to look at this book and my eyes started to glaze over a little bit so I didn't get very far but are you going to tell us somewhere in the presentation where we stand right now not the surplus but what we have experienced in actual workers compensation I was asking for billions maybe you answered that and I didn't hear it so we don't have it doesn't say as of August 1 versus the plan this is where we're at this is the plan where's the actual this is this is based on audited and used in the audit of figures for the last year end so that you have some certainty associated with where we were at the beginning of this fiscal year what we have experienced so far during this fiscal year would be contained in your blue books every because we would be glad to schedule a meeting with you to go over that page that's that's correct okay yeah and we'll be starting the next review here over the next few months for the next year end review and is it to the city's advantage to be self insured it is yes if you were to go out and buy commercial

[0:25:19] insurance at a much lower deductible you'll end up paying more than what you would under self insurance program now the trade-off is that you do buy some certainty so we just talked about variability and can happen if you have more claims or higher severity claims so you're taking on more of that risk but if you were look at your insurance program over a long term you're better off by self-insuring than you are by paying commercial insurance at a much lower deductible counsel have questions no further questions thank you Jason I'm assuming that's the end of the slides right yes thank you thank you item B public hearing and first reading of an ordinance for case z18 1-3 a rezoning from the general commercial heavy commercial CG CH and single-family residential rs1 zoning districts to the heavy commercial zoning district or CH being 2.05 three acres located at thirty fourteen grape Creek Road and John Euron thank you John James director planning and illness services this is the property here as you mentioned the current zoning and you'll see on the next map it's partially CG CH and partially rs1 single family and the rezoning is to the CH heavy commercial district it is at the corner of grape Creek Road and West 31st Street you can see here that the future land use of the entire property is industrial however the zoning of the property splits the property sort of down the middle so for years this part of the property has been zoned CG CH or heavy commercial general commercial and then the eastern part of the property was still part of the rs1 single-family neighborhood zoning district and so this would bring all of the property into the

[0:27:23] heavy commercial district to allow for the uses that have been on the property for some time now you can hear looking back east it is a neighborhood to the east and single-family homes this is the home immediately adjacent to the property and you can see the fenced area here of the property itself so it is it is fenced and screened from that single-family residential home this is the kind of activity that is occurring on the side it is mostly caliche surface with outdoor storage of materials like the pipes you see there as I mentioned the future land use of the area is industrial so the rezoning to heavy commercial is consistent with the comprehensive plan for the area it does already comply with the heavy commercial standards for example the privacy fence that would be normally required where commercial abuts residential the non-residential storage has been occurring on the property since 1996 at some point in the past and we don't know when for sure the storage encroached from the area that was already zoned for that into the residential zone part of the property and this would clean that up to ensure that the the use of the property is consistent with the zoning we did send out our notifications received one in favor and three in opposition in fact the property owner immediately adjacent there this came up because of a complaint registered by that property owner we began enforcement against Hirschfeld for storage on the residential zone property and as typical we offer options to a property owner who is under enforcement action like that one of those options was seeking this rezoning which is what they chose to do just a note about the three different opposition's noise and dust and just the presence of outdoor storage near homes

[0:29:25] were the common complaints from from all three of those in opposition staff does recommend approval as did the Planning Commission unanimously back at their June meeting with that I'd be happy to answer any questions I have questions from Council Billy you said that those that registered complaints in opposition was based on noise and dust is that noise from maybe the trucks delivering the pipe and unloading it or what is the noise the complainants didn't mention that and there may be people here to speak to that some of the neighbors but I would guess it's that kind of activity trucks coming in and out stirring up the dust of the SIRT caliche surface loading and unloading of big heavy metal kinds of materials it probably makes some noise as well but that's just speculation are there any limits time limits on that that they can only do that from say 7 a.m. to 6 p.m. or yes we do have a noise ordinance that would limit the noise of activities between certain hours I want to say it's like 10 p.m. to 7 a.m. but I could I could double-check that but yes so that activity shouldn't be happening in late hours or after you know folks bedtimes in the neighborhood similarly with dust if it dust is one of those hard things to regulate but we do have standards that say if it's excessive then we could take enforcement action as well John this is probably a question you may not be able to answer but the entire property is fenced so why are we just now making a decision on whether to make all of that heavy commercial why didn't we you know why did some stay residential and some I'm staying in the other category well the short answer is we're not sure why why the whole property

[0:31:27] wasn't zoned at the time what I suspect in looking at this you can see how this zoning line splits properties and this zoning law and spirits properties years ago what often happened was in industrial corridors or commercial corridors they simply took the main road and said we're gonna zone out 200 feet from that road or in this case they might have said let's let's do never ething you know 100 feet back from the road and so what that resulted in was a lot of properties where the zoning splits it down the middle and this was a situation like I said they've been doing this for over 20 years but until we received the complaint it wasn't something that you just registered on our radar with homes there before because you had three people who complain so my assumption is that those homeowners were there before this was general commercial heavy commercial or before it was industrial I guess we're not a hundred percent sure but it appears from looking at old aerial photos that yes the homes would have been there before the industrial activity was occurring particularly the industrial expansion on to that residentially zoned part of the property do I have other questions or comments Tom I think there's constituents here some tenants and they'd be nice to hear from them before we move forward I think there's some honest concerns that they have please come forward and state your name my name's Randy Bennett and I'm the one who lives right next door I have been there since 1963 we were there long before Hirschfeld steel I went to the Marine Corps and came back and this has been next to me ever since y'all brought the dust issue well until they covered

[0:33:30] it with cleats you when the wind blew you couldn't see the street Ichi they've moved a lot of the junk out of the lot and they put it right up against the fence I know caused me considerable property damage to my house my families myself it's a giant lightning magnet about 95% of the time a storm comes through it gets hit I lose windows I lose electrical appliances my dogs get hurt I'm even getting harassed by their employees I've had to Fuhrman thrown in my yard I've had trash thrown in my yard I'm not even gonna bring up a 55-gallon drum of oil that's been thrown over the fence in my yard a problem I am unable to tell you what happened between my father because I inherited the house from my father I retired I ain't here to the house I moved in over the years all I have ever asked her she'll still to do is please move steal away from my house their response they turned it to a junkyard put it right up against the fence that's all I've ever asked that's all I want get the steal away from my house in regards to the lady's question about the dust the man on the end of the street he was painting his house I feel sorry for him because it blew up a dust storm where you couldn't see the street the reason that dust came up as they would use there was moving steel in the yard and every time he got a great big swath of paint on the side of his house they'd do doughnuts in the lot and just make a giant dust storm was blew into his house we have problems I don't know how to resolve it it's up to y'all in some way I'm asking y'all please get out of our residential neighborhood the only person that voted for approval is my neighbor behind me and that's because his one of his children works there it's a blight in our neighborhood I'm sorry but I'm being

[0:35:35] harassed there's for one reckless negligence involved here and on the Planning Commission you know I was sitting on the far left ask me if I'm considering civil action and yes I am I am talking to Council but here again we'll try to resolve this another way and I'm open to anything y'all want to do but ten-foot losing windows appliances and my handles are getting hurt and I'm not gonna put up with it no more mr. Bennett when you contacted me I contacted Hirschfeld steeled and asked him to move the steel and they did they moved it immediately but you've had another incident since then yes sir okay so I put up cameras I put up cameras in my backyard and apparently the gentleman didn't notice that he had a whole truck full of trash bags just lobbing him in my back of my fence till one of his employees ran up hollering at him then he looked up saw the cameras and we'll drove off okay my next question here if we change this line to where it matches the purple line does that change anything because that's that's where the line will go no matter what it's all it is that will stay as a future use it comes across so my question is whether we change the name that's on this paper does it change the problems that happen with the back part of your fence I'm not sure it's just I'm tired of getting popped by lightning it's the steel I have a pole in my local and 30 feet up in my backyard that's never been touched in the 20 plus years I've been living there since I retired never they put that steel next to my house 95% of the time y'all are more than welcome to come to my house and sit in my living room and hopefully the steel strike and when you pick yourself up off the floor you'll understand what I'm talking about it's not funny so a couple months ago they moved the steel away from the house

[0:37:36] to the exact distance you requested at least moving another 45 50 feet but you still had a strike since that correct okay so apparently that's unrelated to where the location of the steel is I would say yes it just wasn't as bad it didn't bust the windows out of my house does anything happen to your neighbor's houses happy about it but I don't think they're not as close as I am John you want to come back up and you might want to stay sir oh yeah ma'am before he goes okay so John just come up and so we have two people ask questions - go ahead Billy well my question was have you filed police reports or done anything when you have them on camera throwing trash in your yard as of today damage occurs - my property yes thank you John is it relates to the ordinance obviously that was residential before right single-family residential yes that's right so with it being single-family residential why were we allowing it to turn into a commercial area like I said we are compare enforcement is largely complaint based and so this was just simply an issue we were not aware of from an enforcement perspective until we got the complaint from the neighbor and at that point we issued notices of violation to Hirschfeld and their remedy was to seek this zoning if if the zoning is not approved then we would continue that enforcement action to make sure that anything in that residentially zoned area would not be used for the heavy commercial type activity or storage it simply wouldn't be allowed in that part

[0:39:38] of the property but when somebody seeks something like a rezoning that would resolve the issue we suspend any enforcement activity until a final decisions made and then again if it's rezone then that resolves the issue if it's not rezone then we would pick up again on that enforcement action we had the ability to vote to approve the rezoning but have requirements of Hirschfeld steel in terms of what they must do on that property so that the neighbors aren't in a negative situation don't at this point now one thing we discussed early on was a planned development and Hirschfeld decided against you know pursuing that route one option would be to table this item we could come back at a future meeting with a proposed plan development if that's the direction you all want to see and that would then allow you to place conditions either setbacks from adjacent residential with the storage our standard ordinance already has a 10-foot setback as was mentioned but if you wanted to increase that or if higher fence or you know whatever conditions you would want to place on it but we would have to table this and come back with a plan development instead of the stray zoning because with straight zoning you don't have that ability to place condition yes you may okay please John one question right quickly he's gonna say Frank what's the distance there from the purple hey be commercial to the edge that we're talking about that's a good question I would I don't know for sure but just looking at those those lots and the sizes I would guess that's 50 60 feet 70 feet maybe something in that ballpark it's larger on the backside so what are you 50 up front and 100 in the back right so obviously yeah that distance is a little bit more maybe up to a hundred this is probably it looks somewhere between fifty sixteen so John if we do not vote to approve the rezoning it

[0:41:46] would stay just as it is that's correct it would stay residentially zoned and then thank you like I said we would pick up again on that enforcement action and ask Hirschfeld to keep any of their outdoor storage off of that part of the property oh you know the enforcement actions would be that it would have to be that part that's zoned residential would have to retain whatever the specs are for residential properties and we would enforce that or if I understood what you said to the mayor if we tabled it and you outlined some stipulations about variables or whatever you know the conditions the conditional use of the land we have that option so right now we have kind of those you know a proven at disapproving it or tabling it as well that's right and and if if that is the direction you end up going I guess what I would request is that you let us know what kinds of conditions you would like to see on it so that we kind of have an idea and we can go back and speak with the homeowner as well as Hirschfeld to hopefully come up with something that when you look at that property where do you drive into the property where's the gate entrance there's at least one gate here off of grape Creek Road I think it's about there and then another one off of 30th there currently is no entrance off of 31st however that's not to say that they couldn't put one there in the future I think it'd be better not to just want to make sure there is it right it would but again I don't want to give anyone the impression that that because there's not one today they couldn't put one in tomorrow if they wanted to so that could be a stipulation it could be right sir you had some further comments thank you reference variances this is documentation and it

[0:43:53] states because of particularly physical surroundings shape or topographical conditions that the specific property involved a particular hardship for the owner would result as distinguished the familiar inconvenience if the strict letter followed John you want to talk about that that sounds like our normal variance criteria but that's when someone a property owner seeks to go to the Zoning Board of adjustment for a variance from any particular zoning requirement so I guess I'm not sure what context the question is but any property owner has the ability to go to the zoning board of adjustment and ask for a particular zoning rule not to apply to them but they have to make a case for a particular hardship on their property which is a fairly high burden in fact it requires a 3/4 majority of the Zoning Board of adjustment to approve any of those and what would be defined as hardship well ultimately it's up to the Board of Zoning Board of adjustment to determine if they believe it's a hardship but it's basically a situation where an individual property owner is in acted differently than everyone else and so the idea is the rule should apply to everyone but there may be circumstances where an impact on a particular property owner was unforeseen and different than everyone else and so a variance to the particular regulation is warranted and the fence goes totally around the property on all four sides you know I'm actually not a hundred percent sure I know that it does have on those sides and I think maybe that shows up in some of the pictures I looked at the picture but the pictures I see don't really show anything just just the home and then the fence there but well ma'am yes I drove the property just so I could get a idea of what it looked like in time don't you

[0:45:59] say anything he gives me a hard time because I have to go see firsthand but the fence is all the way around the property with the exception of the entrances where it goes drives in off of 30th Street and off of grape Creek Road because I you know I did it a couple of times so I could see because I guess in the complaint it said that there was a lot of trash on the property and everything and I was looking to without going on to their property to see if I could see any trash and it was clean like this like the pictures all right do I have further questions from Council yes Lucy as far as the noise everybody been experiencing the noise for a very long time oh yes they beat on that steel their maintenance lot over there at the five point they beat on their trailers late at night I'm sorry when I get off ma'am I go to sleep about eight o'clock and they're still beating on it and every now and then you'll hear them beating on it till about midnight but it's a in reference to your question it was cleaned up I have pictures of just a time I made the complaint it's they've cleaned it up and covered it up with about four inches of cleat she now it looks nice now but I have pictures too actually if you're one I've got one other thing I could stay right here that is the Health and Safety Code and it basically says I'm green couch to control stay above certain conditions lead at neighborhood blight and detrimental to the overall health welfare and property and safety of the citizens of town Green County that's County and they were talking about they need that law so they can store their

[0:48:01] steel but on the other end they've got a fence running right through the middle with a gate in the middle that's about 20 foot wide and they parked there but they want to park all that steel by me why can't they put that steel on the other end and park on the other end be even more closer be more convenient they wouldn't have to navigate that fence like a circus and I've watched them they use two forklifts to pick up that steel with and we went around like it's it's great entertainment but yet they have to put it by me but on the other end be more convenient that's their excuse they need that lot because it's convenient but on the other end and all they've got to do is just drive across the street well they own the property so they can do what they want they can do what they want with the exception of the fact that obviously part of it was zoned residential and it was not managed and restricted like a residential area but the other part certainly was zoned that way so they had the right to do that now the neighborhood part of it they didn't have the right to do that so yeah my question here mr. banner does change that I mean the fence will always be there as it is okay I mean we're not talking about changing the fence or anything it's just the label we're going to put on that piece of property and they've moved the middle way if the fact that we make a decision here today does 50 feet of that decision make a difference because we asked him to move that you and me talking I had a move that mental and we I said how much further do you want it well I want another forty five feet on top of what they've done which if they were ten feet from the fence that makes it fifty five so which would be the whole lot width of what we're talking about on the fence here so we're trying to make this thing where it fits everybody alright and I've just known if we really do this does this fix the problem since they've moved it away from my house I've lost a nice box an air conditioner some stereo components but I haven't

[0:50:06] replaced the windows on my house it listen the impact considerably because normally every time when they have this stuff up against the house I replace windows every time but the last two times they got hit I didn't have to have any damage per se to the house image but it didn't didn't damage my house and as I guess that's the biggest part right here quit damaging my house what I mean there was still some damage that happened even after we had to move what happened oh it's it's not gonna be any different than what we have today actually it's it's an improvement yes at least I'm not having to work on my house early in the morning or late at night to stop rain coming in it I don't see how that ties to this but what I'm wanting hear from you is if we make this change or do anything what's happened to you since we've made these changes didn't gonna be any different the same things are still going to happen you're still having electrical problems at your house refrigerator air conditioning now we're talking about windows I just don't see what it solves or if it even brings to the solution to what you're looking for actually what I'm looking for is pretty much where it is right now just keep the steal away from my house I can live with it where it's at right now it's just when it's that close to the house and I pick myself up off the floor on can we may I ask a question about a potential motion if we ask if we say the following that we prove the reason the new zoning but want to require that the metal is 55 feet back from the fence was saying that does that require a postponement if we just say that not necessarily it wouldn't

[0:52:09] technically go to the heavy commercial zoning what we would have to do is bring back on second reading a planned development because that's the only way we can add conditions but if your conditions are that simple the reason we would typically want to table it is so we could craft those conditions and let you see the wording but if it's simple enough that we could do it between now and second reading then yes we could bring that back without having to actually postpone it and I would suggest that we have a motion that approves the rezoning but how the restriction that this pipe must be 55 feet back from the fence I'm just suggesting that does somebody want to make that motion I'll make that motion so moved because I think we need to talk to both parties here and make sure this is going to be a long-term solution and if I could just clarify I think technically what the motion would be is to rezone instead of the CH rezone to a planned development based on the CH district with that stipulation of the separation that's what I meant to say I would say okay could we say 55 or greater 55 feet or a longer distance yeah we can work on some wording and bring that back to you for a second if in fact that does not solve mr. Bennett's problem in something then maybe we may need some more room to ask them to move it even further well and that leads to me too once you go this far if this doesn't solve it we're talking about something totally unrelated all right so I'm saying this is what we're looking at as a potential solution I mean we've still got to talk to her field got to talk to mr. panner as a single tenant that's having them Tottori the problems and come to one but I mean if this doesn't solve it I don't see it's throwing the Rope out there and say let's take four more am I gonna be unrelated yeah my concern is okay so what else do they store here because if you take a look at it and you say if we go beyond 50 feet let's say you're basically going into the part

[0:54:12] that's already zoned or this type being steel so you can't go beyond the property line of what's already zoned so you've got to stick with the property line that's already zoned correctly then the question mark becomes what else is being what else is the use or what uses beyond storage of that pipe is there is that the only use for that property no in fact if with their straight rezoning to heavy commercial they could do anything that's allowed on the heavy commercial in addition to storage it could be a repair facility or a bunch of other things so we need to do a planned development I believe and we remember we have to stay within the property lines in existence you can't go into that because it's already zoned correctly so you're gonna pay attention to the zoning lines so again we're going to ask to table this for second reading not table but approve approve and then with the PD and we'll bring back the revised language for second reading else in there I think the carport to your house is almost right up against a metal fence so if we're talking about metal being the lightning strike cause that may not resolve the issue you know the pipes that they have there may not be the issue it may be that metal fence that's just you know I don't know we have to have a setback from a property line a required setback but his carport is almost right up against that fence so a lightning could be striking that and not the pipes that's in the in the yard so how do we factor that in just so yes Michael I don't know enough about lightning or electrical systems in houses but I think there used to be manufactured some kind of a something that would help insulate a well there's lightning rods well

[0:56:15] something is something in the nature of a something that went into the cyst the electrical system for the house to help protect that system from lightning strikes again I'm way out on a limb that's too thin for me and I think if we could get an electrician to help us there might be something that doesn't solve the discomfort of a lightning strike right strike right next door but it might protect his property from electrical surges well let me ask you a question the fence is a steel fence steel poles with a tent fence is that correct so the reality could be that the lightnings hitting the steel on the fence not 10 but the steel of which is the stabilizing factor for that fence yes please I just like to point out that you know in the zoning arena we are pretty limited and what actually we can do we can do this PDD and we can have him put some restrictions on the property but there are other legal remedies that you guys have no control over that if that doesn't solve the problem he's already investigated and we can only do what we can do on this situation really the only thing we can do is the PD D looks like it's our best option any other legal remedy would have to be you know to property owners okay so we are going to have a motion to approve this is a as a zoning change but I'm nervous about what I'm saying so please clarify for me what needs to be said yeah I think what I heard was that the motion would be to approve a zoning change to a plan development based on the heavy commercial zoning district with the stipulation that there that the eastern 55 feet of the property adjacent to the residential zoning be limited to no outdoor storage and I would suspect you would intend to be no heavy commercial use of that strip as well that sounds good do I have a second

[0:58:20] do we have public comment further public comment would you like to add anything else mr. Benn we're trying to work to get that in place okay thank you all right thank you any other public comment with no further public comment let's take a vote all in favor say aye any opposed motion passes 7 0 okay item C first reading the public hearing of ordinances approving one case C p180 five and admit to the comprehensive plan changing the future land use designation from neighborhood to neighborhood center being 0.36 acres located at 320 West Avenue Oh again John James Director of Planning development services you can see on the aerial photo here the subject property's Avenue in is just a block to the north here's old Knickerbocker Road and and been Ficklin you can see here that it's this property is currently and the neighborhood classification for the future land use and it's also zone single-family residential but you can see here this area everything to the north and the west is all zone some type of commercial and so what they're asking is to extend that commercial around those two properties so you hear a few pictures the property it's currently vacant it's two platted Lots but it's effectively one large property there are homes in the neighborhood but again looking back the other direction there's commercial so basically commercial in two directions residential in two directions so it's it's kind of in the transition area we are recommending to go to the office commercial zoning

[1:00:24] district which is really limited to mostly office top uses was a few small scale retail so it wouldn't allow anything you know it's not the general commercial district or heavy commercial so it would be limited to small office top uses like you see across the street there we did send out our notices to the surrounding property owners we received one in favor and not in opposition this is both a change to the future land use map in the comprehensive plan as well as a rezoning staff does recommend approval of both as did the Planning Commission unanimously at their July meeting I'd be happy to answer any questions Jerry would you like to start please yeah I get a few questions we know this is supposed to be office commercial with recommended to go from Mario's Wanda Co do we know what's going in there for sure we don't the owner may be here I think they are looking at different options but at this point haven't settled on anything and again I'd like to remind you that when you're rezoning a property just because an applicant tells you they want to do X doesn't mean they can't go do y they can really do whatever is allowed in the zoning but the applicant may be here to answer that question if they are I'd sure like to hear from I'm Jesse Callaway I'm the applicant for this I'm looking at building an office that's it well of course neighborhood center restricts what can be done right John well the neighborhood center future land-use basically is just an indication of what types of uses what type of Zoning should be on the property it's really the zoning that actually puts enforce the regulations of what can and can't go there but again the office

[1:02:27] commercial district is very limited in terms of the uses okay thank you do I have further questions from Council carry further questions made comment this certainly will enhance that particular neighborhood I just want to make sure that we're putting something in there that the dozen doesn't interfere with the with the residents in that area so I'd moved to approve as presented there a second is there further public comment with no further public comment we will take a vote all in favor any opposed motion passes 7 0 item d public hearing and first reading of an ordinance for the abandonment and vacation of a 25 foot wide 0.162 acres or 7,000 96 square feet segment of the benthic 'ln Road private public right-of-way in a 10-foot wide 0.061 acres or two thousand six hundred seventy eight square feet public alley located immediately east in between Lots one through five and 22 through 27 within block for the monterey addition john you're on again thank you this is a as you mentioned abandonment of both a portion of a street and an alleyway this is Bryant right here to the left of the property and then Avenue Z as you can see this area was originally plaited for possible residential development into individual residential lot the intent of the property owner is to replant that all into one large lot for commercial development but as part of doing that they need to get rid of the alley that runs through the middle of the property it is just a plaited alley there's no actual alley on the ground no utilities in the alley well there are but but they will be removed or moving those as part of their development plan and that's one of the conditions we've

[1:04:28] recommended in your in the approval recommendation they also asked for 25 feet abandonment of the benfica line right-of-way you'll see that we're recommending an approval of that abandonment but not the full 25 feet the future land use is neighborhood center and the zoning is a combination of neighborhood commercial and general commercial heavy commercial so the zoning is already for future commercial development you can see here more specifically the existing rights-of-way in pavement widths on all of the surrounding streets Avenue Z and San Jacinto are both substandard to narrow they're in the they will be in the planning process and be addressing that either getting a variance to widening those streets or they will be widening those streets as part of the replant that will happen if this abandonments approved again their original request for 25 feet abandonment off of the benthic 'ln right-of-way staff is recommending a 15 feet instead so not the full 25 feet has requested partly for some drainage that's already in that area it's used to have drainage that flows down in that direction I believe the applicant is okay with that with the 15 feet instead of the 25 feet but that is the staff recommendation and the Planning Commission recommendation I won't read through all of these the rationale for approval but staff has reviewed this both planning staff as well as engineering and other departments and are okay with that there is an existing sewer line in the alley that will have to be relocated and and again as I mentioned the drainage we would need to keep the 10 feet of the Benfica line right-of-way for utility and roadway issues we did send out notifications to the surrounding properties did not receive any responses in favor or in opposition

[1:06:31] staff's recommendation as is the Planning Commission's recommendation is for approval with a couple of conditions they must replant the property that's a common condition but that would incorporate the abandonments they would be required at that time to relocate any utilities as well as providing any utility easements that might be necessary for those relocations and then the city code does provide for a fee for abandonments that they would have to be they would have to pay before the abandonment becomes official as well with that I'll be happy to answer any questions Yuri you went do you have questions certainly I was in the Planning Commission meeting when when they voted to approve this I'm I want to make sure that we keep that that additional 10 feet because there's already a drainage issue that goes down to San Jacinto right at Benfica on that so I want to make sure that we've got some some opportunity there to to fix that drainage situation but that's all good with this do I have questions Billy do you have a question or comment John you mentioned that I guess Sandra Senna and Uzi Avenue Z those streets were substandard as far as you know the the requirement so the person that owns that and is requesting this are responsible for the cost of widening the street or they would have to come forward and ask for a variance that's correct so the normal requirement when they come into plat this property as one large property they will and they've already agreed to widening the rights of way for for both of those streets the only question is how much or if at all they would widen the pavement as you can see streets are 28 foot wide our standard is a minimum of 36 feet and so they would only be responsible for their half with

[1:08:35] the other side of the street being responsible for the other half at this point they've they've not indicated for sure whether they would ask for that variance or not but they would either have to widen their half of the road or seek a variance from the Planning Commission when the platen is forward there would be no adverse impact on the residents that live there if they decided to widen the street it depends the first what with its 28 feet hey didn't you say our standard is 36 so how do we have a 28 paved if the standard is 36 well these roads likely were built long before our current standard was put in place how long has it standard been in place you know I don't know for sure at least since 2000 when the modern subdivision ordinance was put in place but it could have been before that really were you gonna have another question no but I just wondered do we check with the residents that live there to see if there would be an adverse impact if they were widening that Street in this case any widening would be done on you know in this direction in this direction towards the property so the few homes that exist in this area it wouldn't be widening towards their homes all right so all the widening would be done on the property owners on their side when you're saying that they could widen their half but does that kick in that the city then has to do there have no four so for example if we look down here this is a vacant property as well when or if they ever come in to develop they would be responsible for widening the other half of the road what about on the other side where there's homes so it would be similar the if those properties ever redeveloped so let's say this commercial development here is successful and somebody comes in and buys all of these properties to demolish the homes and put in a commercial development then they would be responsible for widening that now if those homes were to come in to do

[1:10:39] something we likely wouldn't require them to do any improvements although if you know if they were replanting for some reason it would be a requirement for them that would very likely be a case where we might support a variance to that on that side of the street okay do I have further questions then do I have a motion move to prove is presented by staff that's to abandon the ten-foot alley and only give them 15 foot of right away on Beneful Ficklin is there a second is there a public comment please no public comment we will move to vote all in favor say aye okay any opposed motion passes 7 0 item ii second reading and adoption of an ordinance deleting and replacing chapter 10 traffic controls article 10 point o 1 general provisions section 10 point o 1.01 for bicycle lanes of the Code of Ordinances city of San Angelo Texas providing for severability and providing for an effective date Russell good morning everyone just to remind everyone currently we have an existing ordinance for a bicycle lanes they only exist on Southland Boulevard and at a very specific time really more geared towards the school timing around the bottom Elementary School this proposed ordinance would establish an administrative order or abducted opting bicycle lanes by an administrative order all bicycle lanes would have to meet the manual on uniform traffic control devices and traffic laws require city manager approval or designee and then memo sent to the city clerk and the police department Municipal Court and we would keep a record on file as well

[1:12:46] some of the questions that were brought up on this last time were more specifically related to what bicycle lanes look like and and what that actually means so I brought some examples today to kind of show you what they would they look like this is an actual bicycle lane in a typical residential area you know as have you stopped right there a minute you bit so when we add a bicycle lane is there a minimum width of a street that has to exist before bicycle lane is added great so what what we need to have it or will we look at is to make sure that there's a you know that for a bicycle lane a dedicated bicycle lane you have to have at least a four foot width for a bicycle lane to put a clearance between the track you know the the vehicle lane and that bicycle lane so it's about six foot so you know if we had a 36 foot wide street that would leave us you know if we had basically six foot on either side you know it's 12 foot and would leave us about 20 to 22 to you know sorry 22 to 24 feet left on only for a moving lane and that's our standard lane or standard lane width is about 12 feet cuz didn't we just say our minimum stand our standard is 36 feet on streets it's our standard width with with a four foot the four foot sidewalk on one side of the street so then without a sidewalk we have a forty four forty foot our standard width is 40 foot wide I thought John said it was 36 feet wide 36 feet wide with a four foot sidewalk or a 40 foot wide street those are our standards okay so in this case you said 22 feet so you couldn't do it that would leave us 22 feet for two lanes of traffic so I would still give us a total of 36 feet wide if you add all of that together and it

[1:14:50] still gives us plenty of room to maneuver traffic but that's also on a local street typically when we're looking at bicycle lanes we're looking at you know collectors or arterial streets which are wider are the standard width of those as much whiners we're taking typically looking at you know anywhere from 15 to 64 a wide pavement you go back to your first that first or second slide of in it that one okay so I'm a little confused so if I'm riding my bicycle on Southland Boulevard at 8:15 in the morning I'm in trouble well it's all this designates is that you cannot park or maneuver a vehicle in the bicycle lane at those times it doesn't negate the fact that we still have a bicycle lane I don't think people understand that so from 7:30 to 8:00 a.m. a vehicle cannot veer and to the right and into a bicycle lane that's all that refers to is restriction in terms of my car being in that bicycle lane at 8:15 a.m. in the morning my car can be in the bicycle lane that's great it's a little confusing I'm sure most people don't know that I would agree that's why I want to clarify this and make a bicycle lane a bicycle lane and not just traveling Lane that would create a no parking zone that's great all the time great because it becomes a traffic issue because like you said most people don't know that there's time frames on when you can ride your bicycle and those planes or when it's a dedicated bicycle lane so if you leave it out the entire time every resident on Southland Boulevard I cannot have any visitors to come over to their house and park what's open the alley pretty bold statement but yes we can't do that well then give me some direction of where you would like to you with your

[1:16:53] presentation but no that would be a problem okay well this is what we have in place so we could change it to however you want to I'm not sure where you would park if I'm coming to visit you at 8:15 in the morning or well at 8:00 right San okay continue thank you okay so this is a standard bicycle lane okay which is dedicated and what this ordinance would do was in turn not allow parking to be to happen in this in this driving lane at any given time this is a dedicated bicycle lane with parallel parking on the side much like what we have on Washington Boulevard which still allows parking but we have you know now a bicycle lane here on the side along with moving vehicle air traffic course have your parallel parking you're gonna back into that bicycle lane in order to park you're gonna have to travel across it you can't at that point you're exiting the lane you're not you're no longer you know it's not like you're you cannot drive down the lane if I'm looking for a parking spot I'm gonna drive down that Lane looking for a parking spot so I'm sure that's probably what would happen was people maybe but then you would be violating traffic laws I mean regardless no different than if you're if you're looking at that vehicle right there that's coming down the street you're still gonna look out to make sure that you're not impeding the traffic either the bicycle or the vehicular traffic right so you gotta Billy did you ever go out here yeah you still have to if there was a car coming here or here you still can't pull out in front of that vehicle no but nor to parallel park you're gonna have to be in

[1:18:55] the bike lane in order to maneuver your car into parallel parking is my point right but at that point you're exiting the street and that's a part of the xìng movement I'm sure again people don't know all of this Billy Russell since we were specifically looking at what the ordinance is now and we're talking about Southland Boulevard so I'm thinking that right there behind Samms and Walmart bottom school is and all there is not enough it doesn't appear to me let me put it that way that there's enough room to do parallel parking a bike lane and two directions of traffic so if we're looking at Southland when you drive past the bottom school cars are parked everywhere and some are actually you pick up and drop off pick up and drop off and if they're having some kind of special meeting at the school where kids are having programs I mean I've been through there you know at different times of the day and people are parallel parked there so they could no longer parallel park there they have nowhere to park and we're gonna have we're talking about putting a bike line the way it is now if we I mean there is currently a bike lane on South um Boulevard there so if they're parking there now they're doing it illegally because yes but typically be during these times that's cool like we have so we have those signs see I don't think people there are signs on the street yes ma'am okay where do people park when they're dropping off the Cape are clear they're playing in the bike lane right I think the bike lane ends at the school maybe maybe I just know when I've gone past the school I hadn't noticed those and they're very noticeable so I'll have to go out there and take a look Russell but I do know that people parallel park them into the

[1:20:59] residential great neighborhood right there at this school it does stop like michael was indicated but once you get back into that residential area it is a you know it is a bicycle and again that's cuz they go back up into that street on what the name is but they go this way and then I go this way think lane is correct that the the lane stops at the alley great it was probably in the stripes were probably installed in a safe routes to schools grant program so that he doesn't stop the drop-off that's the problem the number of cars is greater than the distance allowed that's non bicycle lane so are we discussing where we're gonna put the lanes or we're just guessing that we're gonna adopt an ordinance of where we're gonna put the lanes lighter and discuss it's going we're adopting an ordinance on how we're going to administer when when and where these will be installed well we're not saying we're gonna put a lane on Southland we're just guessing we're gonna adopt an ordinance how to assemble these Rises what we're trying to do is just go through the details because last meeting we said that it's going to go back to the city manager to approve the bike routes to things weren't covered in that meeting is the bicycle routes as existing okay the game there's a plan that says here's where bicycle routes are going does that the plan to which the city manager can approve them but furthermore it's we need to better understand what the bicycle lane situation is here because the southland is a major issue from many people's perspective so we got to make sure we like the bike plan before we approve

[1:23:03] Daniel approving the bike lanes well and I can't this amount of question yeah with the ordinance we go to Daniel and say Daniel Southlands terrible ordinance and I think Daniel would bring things like that to us exist already and so we need to deal with the ordinance before we deal with the authority so what do we approve an ordinance that allows these things to happen we're not actually the bike plan is not up for review at this point really we're just talking specifically about who's gonna be allowed to give me a to do that I would tell you that when I would include in there is that the city manager by authority following the Bicycle Plan and also and he planned that NPO has in place would have to be followed in order for me to have the authority to maybe place a bicycling in a certain area I think of anything if we need to talk specifically about the bicycle plan and what we need to do to adjust it to where you're comfortable with that that's what we need to do because right now I think we all have to be in agreement that the existing bike lane story is a bike lane story we approved before we give somebody authority to approve so I think we need to review rules regulations and actual bike lanes as on the bike lane MPO plan again in our and our part as far as moving forward then I want to make sure the City Council is comfortable with what's in the bike plan you need to review the bike plan so we don't necessarily need to make a decision at this point we I want to make sure that you have an opportunity to read that plan and if you have any questions or if there's any changes you propose that need to be made in order for you to be comfortable that we can go that route as well I think things we need to do is we've only got we've got an ordinance out there right now that's not not valid we really need to make sure that if we're going to we're gonna take a look at doing this thing that we update that particular ordinance whether we do it

[1:25:05] today or do it some other time but that one ordinance set out there well so would you go back at that slide that's that doesn't mean what what we do we do so we've got to make a decision whether or not we're gonna take that ordinance out and replace it with a bike ordinance which me may not be the right way one thing we're talking about this morning but we've got to we've got to be able to do that I think there's two issues obviously re-reviewing the bike lane as addressed by the MPO and then second of all addressing the ordinances that go along with the bike plan yes Billy right now is Russell said there is an ordinance out there that designates a bike lane on Southland Boulevard and it designates these times when it essentially is in effect as was stated this is going to stay on the books if we do nothing today what our ordinance does it repeals this it takes away the bike lane on Southland and says the city manager or his designee can decide where these things go it may stay on Southland it may come off a Southland based on what he decides and the only way that the public will know is through these meetings and as it's marked on the street but every time there's a bike lane marked on the street there's gonna be the same rules in that bike lane now if you want to put language into the ordinance that we've drafted that says that the city manager's decision will be based on and adopted a bike plan adopted by council we can certainly do that and then it won't go into effect until that plan has been adopted we can say that we want to review the ordinance and the bike plan before daniel has the authority to approve we can write into the ordinance itself that Daniel's authority is contingent upon an a bike plan approved by you guys so he would not be able to designate you know a plan is not like specifics it's a plan it's very general saying this is where we think they should go when they actually identify guess this is where we want to put this particular bike plan and do the stripes and do the signage Daniel will be able

[1:27:07] to say that yes go ahead as long as it's in that bigger plan I think we need to do that because obviously on Southland is as Lane brought up there's people who park in front of homes this wouldn't allow that there I mean there's just too many complications to it that at that point time perhaps the school hadn't been built perhaps a lot of things that today make it a difficult thing to to manage so yes Billy I would just like to say that I want to go on record that I am NOT opposed to implementing bike lanes or establishing bike lanes I support that 100% my concern is the citizen's right to appeal or bring forth any concerns they may have prior to a bike lane going into their area and that we would have a process whereby people could come forward and say this won't work for me I'm having a baby shower you know or I have a daycare or something in people part in front of parallel park and that the you know the street and were in which a bike lane is proposed would have adequate with to you know accommodate the bike lane and whatever else needs to go there so that's you know that was my concern in the way I voted last time is that we would be careful in our consideration of where bike lanes would go and I said I support that Billy this isn't about whether we support bike lanes it's about the ordinance and the locations to make sure it makes sense and people having the ability to comment and come to City Council meeting and say this is going to be a problem or that I support it etc I want I to I truly believe citizens should have the opportunity to comment my conversation is not about whether I like bike lanes or not but when you look at some of this and you know what's going on out there

[1:29:09] it doesn't make sense well mayor the reason I wanted to state that very clearly was because I got feedback from several citizens about why I was opposed to bike lanes and I wanted to make it clear I'm not opposed to having bike lanes in our city same thing for me I did as well lamed it as well so this is not about will have time for public comment in a minute ma'am this is not about whether we supported don't support bike lanes we understand bike lanes are going to be part of our life it's about the ordinance the rules and regulations and making sure that the public has an opportunity to voice a positive and negative or whatever about it and that's you know and that's what happens at City Council and that's what I was going to also add to my presentation was they if we didn't jump in on you which is perfectly that's not a problem but you know I was my plan moving forward with this too is to have more public meetings regarding bicycle lanes you know as these projects come up working with and in the public information office to make sure we get the word out there you know now before we're about to start construction but when we had you know maybe at sixty or ninety percent complete completed with our plans to get that implemented and to give those folks an opportunity to express their concerns and also explain the difference between a dedicated bicycle lane and what we call is a shared you slain in a shared you slain you can still park and maneuver all and within that Lane it's really more of a shared use Lane is more of a you know hey be aware there's there's other there's bicyclists in this area or dry riding in this Lane as well as the the moving vehicular traffic when was the bike plan approved I think John can probably answer that question a little bit I think this again I truly believe we need to bring that bike plan

[1:31:19] for it and we review it a lot has changed in this city including Bynum school and all that's going on on there I think the council has a need to review the bike plan and I think Theresa presented us with a motion that made sense about us approving the bike plan but we need to have that bike plan brought back forward and allow also citizens to have an m input on that bike plan if we could right now if we if we were voting for this we are voting for grandfathering in south and boulevard of a no-parking bike lane or is it a shared use I think what we want to do is Theresa you want to repeat what you said before I want to make this particular ordinance essentially become effective after you guys approve the new bike plan it looks like the last one was approved in 2008 so and from what I understand there's already been discussions on updating that and they're moving forward with that so right now it's on the ground would stay on the ground until there's a new plan that's approved by council and then at that point Daniel would be able to dedicate or authorize new or even modify I guess what's already on the ground to this planet rule this today we would not be what we approved today is a review of the bike plant so none of this would be okay okay are there further comments I think I'm here why are you confused four three vote the last time so I want to make sure what I know what the motion is supposed to be so I would approve the ordinance with changes that the Daniels authorization is only to approve bike plant a patent bike paths that are on and approved bike plan and that the effective date becomes effective as of the approval of the next bike plan so that right now what's at Southland will

[1:33:20] stay with the Southland until we get a new plan in place and then at that point Daniel has authority that doesn't think those new park today actually vote to take away what's there today on Southland and then we're not you know that would be a more difficult thing to do because there are things and they're signs on the ground and okay additionally there's no way to say no to the Southland is what she just said because that was a question can we say no to the existing Southland and the answer is no what we can do is approve this make a motion to approve only after a bike plan has been re reviewed and approved by council I think it needs seriously looking at it's not current it's not correct for today's use we want to be careful about making those changes right before school starts we can't because school starts this week so there's no way to change it this week so in in fact through the school opening now right or wrong it is okay so that motion does everybody understand the direction that Theresa has given us in terms of the motion because I know I cannot repeat it correctly limit Daniel's authority to approve the bike plans based on an approved bicycle plan by City Council and it becomes effective upon the passage of the next bike plan but to Billy's point we still wouldn't have the ability for citizens the only time the citizens could come forward and talk is when we review the bike plan not on a case-by-case basis over the next few years so Billy do you understand that I do I was given assurances that

[1:35:26] careful attention would be paid to what citizens were saying okay I'm comfortable with emotion as it stands is there a second we have public comment man would you like to come forward no please come forward because we love any any input we could have you want to come forward to the microphone if you wouldn't mind in the front people would you give us your name Suzanne Daniel our neighbors are our homes were built in neighborhoods where we had garages that were either attached to our homes our they were unattached but they were built in the front we had driveways that exited are entered from the street now we have homes that are built where the garages many of them go from the alleyway so there is no driveway from the front so people Park on the street and our streets were not built wide enough I live in Santa Rita and you have people parked on either side of the street you can hardly get down the street well you have a bike lane and I'm not against bike lanes either but I can see where the problem lies I substitute teach and I go out to bottom probably six seven eight times a month and I understand what the problem is I go down Southland and third fourth and fifth graders are picked up in the alley there

[1:37:34] you know right there on the side of the school that's where they're picked up the kindergartners and first-graders are picked up in the front circle and the center of the second third graders are picked up in the back circle where the buses come and of course every afternoon it is just chaos and pandemonium like it is it every school campus you've got traffic people cannot make left turn out of there until 3:15 so everybody has to make a right turn regardless and it's like I say there's not room for bicycles and we don't have neighborhood community schools anymore so bicycles are not very compatible anymore we have very few kids that ride bicycles to school anymore and it's just not you know I I see the bicycle lane when come you know when I come down there to school I see it I don't drive in the bicycle lane but I can see a problem where if somebody wanted to stop and visit with somebody living along those streets there's no place to park understand it but you know that's that's the changing of our lives it's a changing of society that's the way houses are built now there's no place to park there's no place to pull up in a driveway so what are you going to do this is just the way it is and people like to ride bicycles you just have that you just have that problem so you know you're gonna have to accommodate the bicycle bicycle isn't and you're gonna have to cut you're gonna have to accommodate the people that drive thank you very much for your comments for the public comment ragi Templin I've been dealing with

[1:39:39] bonham for about ten years last night from five to nine o'clock there was 600 cars parked I counted them on the residential streets in the neighborhood a hundred and thirty two of those cars were parked in no parking zone permanently and I've contacted the police in the past about this about issuing tickets they go now it's a school district let's just let it be and so also on the sidewalks my concern is a minor collector which is also fifty to forty feet and that that the city manager has a right to say that there's going to be a a bicycle lane there and my residences of my homes that I'm building have no place to park in front of their street they're paved alleys so now you're just saying well you can't park in front of your house and I don't believe in that and then also in the Nast nasta FAR's the National Highway Traffic Safety Administration's fatality in 2016 San Angelo had per hundred thousand at point-o point 14 deaths for cyclist we were ranked 127th Abilene which has bicycle lanes was ranked third out of this study and so I don't know why we need it and for sure I don't need the city manager telling me where it needs to go it needs to be the public that has the right to decide where these go thank you Thank You Rocky for their public comment you Hampton I tried being on this last time when I feel the same way this time that we do not need bicycle lanes we don't have a there's no demand there's no burden of proof showing that we showing that we do need them there's no increased bicycle sales the man just

[1:41:46] quoted a statistic on on the deaths so what is what is the need this is a convenience for the city to put in as as they see fit so I agree with the change in ordinance reviewing that policy and but as far as bicycle there is no imperative here thank you is it possible for us to Teresa to say that as you said before to review the bicycle lanes but also say that we want city council to approve any individual bicycle lane requests instead of having the city manager do it because I do believe citizens should not everybody will come to a meeting about bicycle lanes so they're only concerned when it comes to their neighborhood of their street so I'm very concerned that we pass it and don't allow citizens an opportunity to voice their opinion as we any individual bicycle lane conversation comes up we could definitely just change it to as approved by City Council I would like to say we have to change the motion no I don't know if anything is I guarantee you that it's not about you it's about the citizens and the citizens right to voice their idea so this isn't an anti Daniel Balint city manager it is a pro citizen input need and so do we have to vote down the other one okay I just want to admit I want to amend it to say that after review of the bicycle lanes any bicycle lane changes additions whatever must be approved by City Council and not by city manager and will need the second to be a minute as well second do I have a second second good all any further public comment on that change with no further public comment I will take a vote all in favor of the motion say aye

[1:43:51] aye any opposed oh four to three motion fails so we have another motion or do we just move on to the next item I'm gonna ask Theresa please yeah if we don't then we can't bring it back for six months and so then there's nothing you can do about that I would say the best option for you guys is to make another motion do I have another motion I would go back to the original motion that Theresa proposed for us we're asking to not have citizen input on bicycle lane changes additions etc in this motion Mary by means the citizen participation will happen I mean as far as the notices that go out we will make sure the notices go out and this is something that I also discussed long Billie had all concern about that I care a lot about what the citizens have to say about that if they show up in in droves and say we don't want it here I listen to that I'm gonna pay close attention to that but again I will follow whatever plan the City Council does approve and of course make sure that we do have those public workshops or meetings still allow the citizens to have that input as well and of course citizens talk to you all the time and y'all come and talk to me as well so I'll make sure that we have that really good input before any type of decision is made about bike lanes okay with that there was a motion in a second any public comment I believe there was no public comment on that Lane did you have a question the city manager the departments have the authority they have the authority to place the blight bike lane now as we've seen on oaks is that correct no I don't believe that's

[1:45:54] correct let's get clarity that's not a dedicated bike lane on did you say I'm sorry I was I heard College Hills okay I don't know because I don't want to vote for anything that's gonna create a no parking in a residential area I agree that's the issue it's what we're talking about I was a college in South setting dedicated shared use and I don't know if we would have to good had to change the striping on let's just wait a minute one person gets to speak at a time Russell you want to address the issue and then we'll see Council and comment a question again question is does Southland Boulevard stay as it is with a shared use based off of the motion that's out there apparently it is a dedicated bicycle lane with these established times that's the way it would stand until we get an approved bicycle plan as per the motion that was made um did you have a question or comment I think my comment is public can still come to Daniel and voice their opinion and in Daniel comes to us I think it's a lot easier for the public to come the Daniel when everything get appointment then waiting to see us maybe twice a month sometimes once a month I don't want to take anything away from the public as far as feedback and that's why we're here but it's my understanding the current motion that we're on now is there's nothing or sticks restricts the public from coming to Daniel and saying hey there's an issue and you know I'm with y'all there's there's places we don't need bike lanes there's places we do need bike lanes but I want to make sure that you know those people know that they can still come to Daniel we're not saying I can't come and I think it's easier to get to Daniel when you can schedule an appointment with them then trying to get does maybe twice or once a month and it would also take two readings to get a change done if it is amended by ordinance well the number one thing is we're going to do in this motion is review the bike lane by so that's a number one issue and we will make sure that people have a lot of

[1:47:56] opportunity but what we in the big picture we don't want to restrict parking in front of your house I mean this isn't going to work so yes we live on mr. issa question based on the motion that's on the floor now if someone had something that they wanted the city council to hear could they still come and doing public comment yeah make that comment so that they would still have an opportunity if they didn't like what daniel said to come and public comment say to us all right thank you number one is really looking at the bicycle plan that's out there okay there is a motion in a second is there further public comment I think I've asked this three times but we just want to make sure everybody has had an opportunity to come forward and speak if if they need or want and since there is no more for the public comment we'll take a vote all in favor say aye any opposed nay motion passes five to okay thank you item F update on sales tax revenue performance and Tina you're on good morning mayor council mr. Valenzuela we did see an increase in our sales tax revenue again and in the month of August compared with the same month last year our August collections were $125,000 over what we had budgeted for that month and our we're over budget for revenue year today one point four million dollars to come back to you so we we have actually been discussing internally with staff and a proposal to Council to maybe use some of that that

[1:50:01] money that's available for this year for some projects and if we were to do that of course we would bring that back to you as a proposal and a plan we want to make sure we have the opportunity to look at her obviously the year before the sales trend was not positive so there were a lot of projects that were pulled and weren't maintained at the level that originally been planned so we want to make sure we look at the things that have been neglected from the previous year's budget that we're not able to address because of the negative trend line as well as obviously some new issues but we really want to address issues that a year ago we're not taking care of well I have a ample opportunity man we do our budget workshop next Tuesday as well so we'll have a list of projects and of course we definitely want to hear from you all get to prioritize all that anyway so will be a long meeting be prepared okay Thank You Tina and then I just have your trend information that you like to see this one's for the month of July since we didn't have it available at July's meeting here's just in the list in percentage form that doesn't mean those for August are down it just means the totals bigger so it switches yes ma'am as you can see by this just showing us the previous year compared with the current year and then for August the same thing okay that's all I have for sales tax if you have any questions item G consider first public hearing of the property tax rate for the city of San Angelo for the 2018 tax year and you're on again Tina so as you know you didn't take a record vote to keep the tax rate I maintained at the point seven seven six per 100 dollars valuation and so this is the public hearing that gives the public a chance to come out and make their voices heard should they want to do that thank you do I have public comment you Hampton you kept the tax rate the same but we're in a we're in a time of growth and a

[1:52:10] boom is going in the oilfield what's gonna happen to a real estate prices and what's already happened I know they've already gone up about ten thousand dollars and and some of the sales that I've heard so you're still going to come they're still going to get a raise and that seems we've we've had taxes for a long time I know there's things that you've already spent the one point five that you just made on sales tax but it wasn't on paying debt that we we have a lot of it now if you want to keep it the same fine pay debt if you don't if you don't want to pay debt then I say you would need to reduce things thank you any further public comment Eric a couple of quick notes mr. Hamptons observation that real estate is going up is we see the same thing but Tina remind me what our property tax revenue estimate increased by this year certified values that we received from the appraisal district increased by 1.6 percent this year that's a little counterintuitive for us average is closer to three percent and we Steve bass we see the same things in the market and we're thinking that we ought to be above but we're below that average and so we're struggling with that same thing so as far as the budget estimates going forward we've got to go with the 1.6 and we can't can't take advantage of what we see in the market this year maybe that will show up in next year's certified values but we have not seen that in this year's you know it's only going to go up 1.6 percent because of we all know that last year people are horrified that when they got their tax bills property tax bills so we need some common sense added to property tax bills

[1:54:14] because citizens should not and cannot be taxed out of their home and so I think we need to have realism relative to increased tax and that's why I strongly support maintaining it at last year's level and I also know that we had two years of down market sales tax revenue and I know that we have some many long overdue maintenance issues that must be addressed else they will cost us more money so to me I would love to reduce the tax rate but I think we need to make up what two years of negative tax rates have done to our management of our assets additionally he pointed out that we had already spent the 1.4 million that we had received that's not the case the tina referred to bringing that to you for consideration we are putting a list together of possibilities for you to fund a big chunk of that is money that would not be spent that would go to the general fund fund balance so that is one of the objectives for that excess is dedicate a piece of it to not be spent and go to reserves but I think the three of us have been working on a Rick and Tina and I have been working on a list and we'll be getting with you on that and if you want to move forward with something Tina would bring it to you in the form of a budget amendment how many years in a row have we been at seven seven six we need to be going down you know in past years we I had the West Texas mayor's here last week and Big Spring announced that they reduced their tax rate by 14 cents it's a topic of you know our whole initiative of economic development keeping our tax rate the same hoping to bring it down and how our tax appraisals are being assessed taxed out of their home when they increase over two years of $75,000 an appraisal value that's we would hope that this

[1:56:21] time next year we're looking at reducing it no promises no guarantees but it certainly be a great conversation to have with a strong economy going some of those other cities do have a much stronger commercial and industrial base and so as we increase bat base then we can look at doing a better strategy great Thank You Tina we will now adjourn at 10:28 a.m. for a closed session executive session and the provision of government code title five open government ethics subtitle a open government chapter five five one Open Meetings subchapter D exceptions to requirement that meetings be open under the following sections a section five five 1.07 to deliberations about real property regarding one lot 90 block to section nine eight ready Roya Hills addition into 21.5 360 acres located at 28:38 College Hills Boulevard and B section five five one point zero seven one one a consult with attorney when the governmental body seeks the advice of its attorney about pending or contemplated litigation regarding templeton construction and we will be gone for 45 minutes all right we will call the meeting back to order at 11:13 a.m. and in closed session lane do you want to make an announcement please like to make a motion to approve the city manager to negotiate an assignment to the lease located on 21.5 36 acres located at 28:38 College Hills Boulevard and to expand that the use of the leased premises comment no public comment we will take a vote all in favor say aye aye any opposed motion passes 7 0 we will now do item 9 follow-up an administrative issues we started just did that now we're going to go to be consider proving various board nominations for the public art Commission the mayor is nominating Richard round to an unexpired term ending April 2019 do I have a motion to

[1:58:25] approve any public comment with no public comment we'll take a vote on favor any opposed passes 7-0 and then items C consider the schedule for city council meetings in September I am proposing that we move the meeting from September the 4th which is a Tuesday to September the 6th which is the Thursday of that week do I have any other suggestions the issue will be if we don't do it that week then we're gonna have to have two back-to-back weeks and we have to have a certain amount of time frame between approval of the budget and a second reading of the budget before October 1 right so the issue is trying to figure out that out in the schedule again all right we're going to there's a motion to approve September the 6th is a Thursday for the council meeting instead of the 4th all in favor aye any opposed motion passes 6 well 7 0 and we know Lucy won't be here she you can ask us questions all right with that do we have announcements in consideration of future agenda items I like to tee it up and put on public record like the tee up the potential for open discussions as far as looking at long term using not taking out of our budget but using something making out of our savings or profit that we've got off sales tax as a committee for the development and say future study feasibility study of venues that pertain to the Coliseum event centers as far as things that would relevantly affect economic impact is what we have and are sitting and Michael I don't know if I'm using the right phrase here but I'm talking

[2:00:28] about assessment of the Convention Center assessment of the grounds at the rodeo potential for a new event center I think we have to tea that up formally for somebody say okay let's look at what it would actually take to do a study for somebody as much as I hate doing studies for somebody come in and say this is the next 50 years or 60 years because what we're looking at is something like that but I don't want it to be a huge taxing item I don't know Rick if you've got to suggest I guess this is keying off the discussion as well from last time about potential you know looking at ways to keep people heads and beds those kind of things if right now where we know we're four we talked about this last time so I guess that's what your epsilon is how do we strategize for our facilities that it provides for that whatever those are whether they're and I don't know the exact process to tee that up but I think the mayor said in on some discussions that people have talked about and also within the rodeo as far as looking at event centers and that pertains a bigger scope than just some things this is a little like the the mayor's questions about we're gonna hold off a minute I got too many people talking at the same time and I don't know what's going on so please go right ahead Tom this is a little like the mayor's discussion about water treatment plant where we add in the process this needs to move forward as council directs so I'm thinking a discussion at a council meeting about what process Council would like to follow either creation of a subcommittee or a an ad hoc committee to discuss the issue or delegation of that to civic events board or go straight to some sort of study where an expert is hired but I think as we've talked about looking at as the mayor pointed out projects that we may want to focus on whether or not there should be some dollars allocated toward that so we'll just look at that we'll try to bring that I guess to y'all as the mayor's pointed out we need to prioritize as we look at these things and so we can bring those to you as

[2:02:30] options as you look at the budget and dollars that Tina talked about a while ago okay so right now you're gonna bring forward things that we know are specific issues with the facilities and prioritizing money towards those issues on the 1 million four hundred and some thousand dollars that's out there well I think Rick is working on that type of list I think this could end up on that list but also this as possibility being funded out of occupancy tax revenues or excess occupancy tax revenues if there's a fund balance there we know there is a fund balance there a couple of really the funding there are a couple of options the main thing is how does counsel want it to move forward does counsel want to have the discussion all themselves they want to delegate the discussion and study to someone else to work and then bring back to counsel the key is if if counsel wants to move forward on it how do you want it to move clarification standpoint this is not something that we're planning on doing next week or even next year this could be a long-term plan but we've got to figure out what we want to do so that we know what it's going to cost maybe inclusive with a water treatment plant wastewater plant facilities all of those things that we think we want to do so it may be one of those things that some of that's in the CIP plan already so the question mark is outside the CIP plan first of all let's understand that the the 1 million for in excess sales tax should be spent towards existing properties not this if there is excess money and the hot tax fund to address issues that hot tax fund benefits from then that's a separate issue but that's separate than the 1 million foreign sales tax revenue let's keep those clean if it's acceptable what we'll do I think

[2:04:34] the Civic events board has discussed this in the past it's been a while so we'll resurface it in that group with a recommendation that would then come to council and typically they're looking at as you said you know hot dollars and so forth that they could resurface a recommendation that then we bring to council for discussion because that's one of the things we brought up at the last council meeting was that we need to relook at those hot tax funds because in fact for example right now the CVB is limited to X amount of dollars regardless of how how many more dollars are in that that's why we talked about limiting the civil civic events their cultural affairs group to five percent a set balanced set number not the five percent in the same thing with the Civic events group as a set number not whatever is out there and that way the City Council can then prioritize what that money needs it spent on to bring our facilities up to the needed level just a proposal to start implement and look at that program and bring us suggestions part of that Ric should be also with you and I and cities talked about before is as we bring in more concerts and events to these places we should be taking a portion of that that's setting it back to help redo whatever facility whatever it needs to be done in these facilities so I think I think we need to make a it's combination of hot dollars and those those additional dollars that we're bringing in these events if we limit the budgets to dollars amount not percent amount than we will should have money left to prioritize towards facilities improvements etc okay any any further announcements if not I'll take an adjournment motion oh yes sir oh yes related to the meeting on this that we've met to the sixth Tom Green County

[2:06:38] I've just been made aware Tom Green County appraisal district has published a public notice that we would hold our hearing on the 4th and we are bound by that under state law as I understand so we will have to have that meeting on the 4th it could be limited only to that discussion though Ryan can I repeat so I see if I understand the fourth would be move ahead as a public hearing only on the tax rate the Reyes rest of the city business would be done on the Thursday well you might as well do it all councils pleasure well you know you're not giving us an option on the the meeting on the force so it I don't think anybody wants to meet twice that week so I think if in fact we have to be obligated to that sorry we are and that's when the meeting is we said on the 4th I'd like to put it back on my calendar where it's supposed to be it will be on the 4th and so that's really all I'm just consensus of council that that's loose you're back on we're not voting to do it we're being told we're gonna do it let's be clear here I move I move we adjourn Meir motion to adjourn a second all in favor motion passes we are adjourned

Captured 2026-07-26 · source: youtube.com/watch?v=pZAXgNJ9mnQ