San Angelo City Council 2-2-16

[0:00:00] It is 902 and it's time to get this show started this morning first of all We welcome each and every one of y'all to the meeting of the San Angelo City Council February the 2nd 2016 we appreciate you being here We will start with prayer this morning. I'll ask Casey Murphy to come forward He is the pastor of the San Angelo first assembly and ask him to open our meeting in prayer But ask you to stand as your able Casey Morning we all bow your heads with me Father, this morning we just come to you Father and we thank you God that we live in such a great city like St. Angelo, Texas. God, we give you all the glory and all the praise and all the honor this morning. Father, we lift up Mr. Neighbors to you. God, we ask that you would touch his body, that you would heal his heart and that God you would give him strength during this tough time. God, give his family the wisdom and God, give them the clarity to know what to do. God, we love you. We thank you for him. We ask that you would touch him now. God, we also pray for rain for this great city. God in this great county. God, we so desperately need it and God you know exactly what we need and when we need it. So Father, we ask that you would bring that to us now. God that you would provide the the life-giving rain that you give so abundantly. God, we love you for that. We thank you for that in advance. God, I pray over these proceedings this morning. God, I pray over this meeting that it will be glorifying and honoring to you and that God you You would lead this counsel and lead them to make the decisions that you would have them make God We give you all the glory this morning. We give you all the honor. We give you all the praise and Jesus name We pray amen And now We've got a special problem this morning We asked them Catholic children to come up and help us with our pledge and we asked some Luther and children to come up and ask Help us with our pledge We didn't know who we were going to get, and now we have all of them.

[0:02:03] So I'm going to ask the Catholic children from the National Catholic School. We have John Mark Marta and Matthew Marta that are with us this morning. And I'm going to ask you also for the ladies and children if y'all would come up, Trinity Luther School. And when I get all these kids up here, we're going to say the pledge. Welcome to all of you. We're going to start with the American. Already? I'm about to get a story. Thank you. To the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty, and justice for all, the textured flag. Under the taxes flag, I pledge allegiance to the taxes on state under God, And I have two recognitions this morning, and I'll tell you this is the very best way to start a council meeting each time is to recognize and to honor and to brag on some of the children from San Angelo, Texas that have excelled in what they do, and I've got two of them here this morning that I want to honor.

[0:04:04] I have Marcos Garcia, the San Angelo Central Band. He made the Old State Band for the state of Texas. I also have Joseph Cortis, who made the Old State choir the state of Texas. And I have the directors here this morning, the band director and the choir director. I'm going to ask all four of you to please come forward. And let me read these short little recognitions and recognize you guys for what you have done, and it has been phenomenal. Marcus, congratulations. This is, oh, gentlemen, congratulations, gentlemen. Marcos Garcia, the City Council of San Angelo, hereby recognizes and applauds Marcos Garcia for being named to the Texas Educators of Associations, all state banned amongst his many accomplishments this year, along with his dedication to embody the very best of what it means to represent central high school, the San Angelo Independent School District, and the city of St. Angelo. Marcus, congratulations. The city council of the city of St. Angelo hereby recognizes and applauds Joseph Cortisse for being named to the Texas Educator Association All-State Choir among his many accomplishments this year along with his dedication to embody the very best of what it means to represent central high school, the St. Angelo Independent School District, and the city of St. Angelo. Congratulations, Joseph. And I can remember this guy from four or five years ago when we, my son, my grandson at a piano recital and Joseph was singing and I thought right then, this boy is going to make it. And I played a trumpet at Lakeview so I didn't know what this kid is. I didn't know what his talent is. Either one of you directors, y'all please say a few words on the report. Just, it's very, very blessed feeling in St. Angelo to teach these children, to teach in

[0:06:05] in a community like this, moving from the Metro Plakes where I taught for 23 years. There are a lot of blessings up there, but folks, they don't have people like this up there that we have in San Angelo. Kids, students like this, making a joy to go to what we call work every day. I have not had one day that I've gone to school and thought I was going to work. So thank you for allowing me to be here. Thank you for your support and allowing us to teach these children to be their best. I just want to say thank you for this opportunity. I completely agree with what Mr. Ashbrook just said. And just want to remind everyone what a rare honor it is that we get students that are able to do this. It doesn't always come around, and so when it does, it's very, very nice, and we're very thankful that you took the time to recognize these young men. Thank you. Thank you. Come on, Joseph. I'm going to come on. Thank you. I represent you guys well. Yeah. Thank you guys very much. I'm very, very proud of you. And we're going to take a picture before you get away. Back here. We are now to the part of our council meeting when we asked for and we would

[0:09:08] like for you to make comments if you have any comments that you wish to make or anything that is not on the regular agenda or if there's anything you want moved to the agenda this is your opportunity. Let me read the legalities here and then I will open the floor up for public comment. Issues or items that are not on the agenda may be raised by the public at this time. Citizens should speak from the podium begin by stating their name and limit remarks to less than five minutes. Council members may request that the discussed item be placed on a future agenda. The council takes public comment on all regular agenda items during the discussion of those items. It is the floor is now open for public comment. If there is anyone that wishes to address the council pro or con we're ready for it. As you state your name you got five minutes my friend morning my name I'm here talking about the MLK restroom, the progress on that. I guess my initial question is where are we as far as developing an action plan to get a restroom built over there and maybe discuss some pros to where there should be a restroom there. We can't talk about it today, but we will take it. We will discuss it. I can get with some of our city staff and I can get back with you. Okay. Because I mean, well, then I'll go into my little spell and start talking about, like I said, I'm from Houston, Texas. I'm a graduate student over at ASU. My major is coaching, sports, recreation and fitness. So I have a genuine interest in parks and the advancement of them. That area over there is right off the bride. Bride is one of the busiest highways in San Angelo as far as things go. There's development, you know, you have a new movie theater that was just built, the

[0:11:09] Walmart that's built, you have one of San Angelo's best Mexican restaurants over there, of Franco's. You have so much new development. CC's, pizza built a new building, Taco Bell built the new building, and so that whole area is growing. It may have been just a tumbleweed back maybe 10, 15 years ago, but now it's a thriving area, which I'm sure is bringing in a lot of taxpayer dollars. So I'm just saying that as this city progresses and if you want good things to continue to happen in this awesome city of San Angelo. I wish that you guys would make an act and do the right thing for that for that community because that just is not just the neighborhood park. People from all over go to that park and it can be a very it can you can turn that park from an excellent park or excellent you know attraction to an awesome whatever that that might be, but I'm just saying. So. Appreciate your comment, sir. You're welcome. Thank you. Nick, I'm gonna speak about that water, thank you. Sir, I got a success story. Okay, I just wanna hear here. Council, which goes right away. Quick success story for you I wanna share. I got an email yesterday from EPA handed down through the TCEQ that said that the Control River below San Angelo was, since 2002 was listed as an impaired water body for benthic macaron vertebrae, basically the bugs that live in the river. The bugs that live in the river have a direct correlation with water quality based upon their diversity and the numbers of species in there. Due to the earlier efforts by UCRA and the continuation of the City of San Angelo stormwater program, the nutrient and sediment loadings have been reduced enough to where that is a viable community again, and that impairment is no longer listed

[0:13:10] on the 303D list. So water quality success story, kudos to the city of San Diego stormwater. That's a half. That's good news. See all this happening. Next, form a line at the front. If there is no further public comment, then I am going to call this part of the agenda to an end. And I will go to my council. And this is your opportunity for any statements that anyone wants to make. If there's anything you want to pull from the consent to the regular. This is your opportunity. I'm gonna start with you today, Rodney. Do you have anything you want to say? I mean, okay. Marty? I have none. Johnny? I don't have anything there. I'm not gonna start this end anymore. I don't want everything to say. He's not ever happy. I don't have anything to say. Lucy? I have something to say today. I want to invite everyone to the town hall meeting that I will be hosting at Pauline. I'm, excuse me, at the home and elementary cafeteria on Monday, February the 15th, and it'll be from 67. Our guests will be Shane Kelton and Daniel Wellensweller, and we will be discussing the speed limit, the residential speed limit. So I hope some people can make it. Thank you. Thank you, Mayor. Nothing to pull from the agenda, but I do have my next neighborhood chat scheduled for February 8th, that's Monday night. And I think that might be our last Monday night going to Tuesday because I have school board members who never can attend and would like to. So we will convene February 8th at 6 p.m. at notchos. And maybe our subject matter might be contingent upon what happens at this meeting. So that will be announced later. Other than that, I want to thank you for having our preacher

[0:15:12] think about Phil and remind us about Phil. and I hope that we can all keep his family and our thoughts and prayers. Thank you very much. And I would like to pull item number E. Everything else looks all right. So I would like to pull E from the consent and put it on the regular agenda. Do I have a motion to accept the consent agenda? That would be A through J with exception of E. Move to approve as requested with the exception of item E. We have motion to approve as presented without E and I do have a second. Do I have any council comment on anything on the consent agenda? Do I have public comment on anything on the consent agenda? I will call for the vote all in favor. Please say aye. Aye. Any opposed? Please say nay. Put a 7-0 on it. Number E is consider adopting a resolution authorizing the Texas Coalition for Affordable Power Incorporated, TCAP, to negotiate an electric supply agreement for five years for delivery of electricity, effective January 1, 2018, authorizing TCAE-P to act as an agent on behalf of the city tuner and to a contractor for electricity, authorizing Daniel Valenzuela or Michael Dane, or Tina Corger or Julia Antilly to execute an electric supply agreement for delivery, of electricity effective January 1, 2018, and committing to budget for energy purchases in 2018 through 2022 to honor the city's commitment purchase power for its electrical needs in 2018 through 2022 through TCAP and the reason I am pulling this and I realize that we have been under this agreement for several years and they have given us I think a good price for electricity. However, there is a local man that met with Daniel and I several months ago that said he could beat TCAP and I understand there has also been another representative that is contacted the city that's would like to have an opportunity to negotiate this

[0:17:13] contract as well. So what I'm pulling this for is not to kill it but to see if maybe we want to do a little more research about the local things that we have to see if we can in fact beat this before we make a decision to just go into it and that's why I'm pulling it so I'll turn the floor over to you ma'am. First I'd I'd just like to say that the TCAP is, oh, sorry, Julia Antley, purchasing manager. The TCAP is, as you said, a coalition, it's a non-profit, and all of the board members are actually representatives from cities, so we've actually got a board member from Abilene, from Odessa, Plano, so whenever they negotiate the prices and make decisions on what their margin would be, they're actually looking out for their best interests, which in turn impacts us. So another thing to keep in mind is that we are currently using 1.8 million kilowatt-hours per month, so that may be a load that local companies are not able to accommodate. And what they do is they promised us, if we go with their most stable fixed pricing, which would give us a little more clear picture of our budget, they've guaranteed us the maximum of 4.25 cents per kilowatt hour. And if we were to choose one of their options, their other options, option two or three, we could even get a better price. We just proposed option one since that gives us the better forecast for budgeting purposes. And another thing is that with TCAP, we will not be forced to raise our rates based on adding hickory facilities. And a lot of the other providers will charge extra if you change your load either increasing or decreasing by 10% or more. So we feel that that's another benefit that TCAP brings us. And just, I'd like to mention that we do need to make

[0:19:14] a decision by February 25th. So if there is more research, we would need to come back by the next council meeting. And we do have six weeks, if we approve this today, we'd have six weeks to withdraw from TCAP. that we do have to give them an answer by the 25th because what they're gonna do is go out and bid out. So even though we're just making an agreement with TCAP, they're still bidding out the services. So we would be getting their best price, so. So I guess my question is have we even, have we even gone to anyone else to see if maybe we can beat this or are we just going to accept them because they tell us they can do the best? Now what they do, and as you had just mentioned, that's a long-term issue that's working, is that they do bid out. They actually do go out to those providers to try to get the best deal we possibly can, and that's what TCAP actually does do. So that's what we're getting at this point, rather than having each individual provider come into us and say, this is what we can do for you. They bid it out, they work out the best possible alternative or option for us, and that's why we do like working with TCAP. and we know that because they tell us they have or do we know that because we have gone out and actually ask other providers what they would charge us. I'm just saying I would like to do some research on this. I'd like to have two or three get instead of just taking quesad's word that this is the very best we can get. I'd like to have some some people actually negotiate on this and give us some exacts. Well, first of all, is it in the contract that we currently have with these app that they have the option to renew? Is that in the current contract? Yes, we're we're given the option to renew our membership with T-Cal. Any other question that I have is, is there rate? What does it do about peak charges or those spikes? Are we guaranteed that

[0:21:16] same basic even rate or when there is a spike period that the rate goes up, do they come back down and charges that even rate or does it go to that spike portion and stay there the rest of the month? With the option that we're proposing option one, we have a fixed price regardless of spikes. That is a tough issue is how to handle spikes. Because you can go in with a low rate in the very per spike that you have, then the right will jump to that and stay at that for the rest of the month until there's an adjustment or another spike. And that's why we selected option one because we wanted the fixed price. I don't have any problem waiting a meeting for comparison sake and I might mention this in another agenda item as well. If we have the time, I don't think anybody wants to lose ground, but if there are other providers and particularly those that are local, I would certainly like for them to have an opportunity. So I don't have a problem with this. They may be the very best. I mean, we have decided in the past that they were the best, but I'd just like to have something concrete instead of them telling us we're the best, don't even look. I mean, I'd like to look at it a little further. So if we've got a meeting, I would like for staff to kind of look into this a little bit. And let's assure ourselves that we, in fact, are getting the best rates, and if it is best, we can approve it next month. We're not talking about until 2018, so I don't think it's a pressing issue for time. We'll take it back and we'll take it back and come back. So I would suggest that we table this until next meeting. Yes, John. Did you say you had other people that also? We had one other provider that contacted us instead of the meeting last week and Their base price that they and now keep in mind tea caps Cap that they've given us their high-end would be four point two five cents per kilowatt

[0:23:20] I'm the best price that the other vendor came back with was four point one So we're talking about a point one five change We don't know if that's all inclusive or if it to what extent it addresses spikes that Council Member Farmer has. Correct. So we're curious the load. Well, I mean, the electricity is all provided by E.P. We're just talking about people that sell it and do the administrative work. So the electricity's there. It's just the billing. These guys just provide the billing. A.E.P owns the wires and the poles in the line. So they can transmit all. Regardless of who we go with the electricity It's just who do we want the billing from at the best price so I would like to table this until next meeting Do I need to put that in the form of a motion Or do I just we just want to buy consensus just table bring this back next meeting and after we've done a little research So do we know we're doing the right thing? Can I ask you a question is so was this done through a competitive bid process? No, you were just extending a contract We're just trying to extend a contract per local government code 252.022 utilities do not have to be bid out. The key is TCAP will be doing billing when they aggregate all of the cities who participate, they take all of that load, they bid that larger amount. The theory is volume discount. I would imagine that no one will beat them, but I certainly don't mind going through the exercise in the process of checking that's true because if there is someone local that would be great thank you thank you very much mayor yes by consensus we can postpone it the next do I have consensus to put this off Marty John down here by consensus and we will put this on next meeting again thank you ma'am now we are at the regular agenda presentation of report from the Chamber of Commerce Economic Development Council and the

[0:25:21] Convention and Visitors Bureau presentation by the CBB Vice President Pamela Miller and Chamber Vice President for Economic Development, Mr. Michael Looney. You have the floor, ma'am. Thank you. Good morning, everyone. I'm here this morning to present the our fourth quarter, your first quarter, but our fourth quarter of 2015. And in that quarter, we assisted with 20 conventions, meetings, sporting events, or motor coach tours. We had a projected attendance of 15,580 people, projected room nights of 1,425, and the average length of stay was once again three days. When we did that equation, we did drop the Christmas on the concho out of that because it was a 27-day event, and it did throw off our numbers. Our total economic impact 5,552,680 dollars. During the fourth quarter, we had media sites and assists from travel host. They came out and did a story on Christmas at Fort Concho. It was in the winter edition. Also on Texas highways, they are looking at multiple story lines for the future. Two very important for them were once again the fort and the water lily garden. Day tripper was here filming in October and that presentation is actually going to run on February

[0:27:28] 20th on KERA 13 at 10 a.m. And they did a lot of local things. It will be interesting to see how much of it makes the final program, but including the Miss Hatties Bordello, the Fort Donut Shop and the Concho Pearl Restaurant. Texas Monthly was here, and they did an article on Christmas on the Concho Celebration, and we were one of four cities that was listed as top cities in the state for our light tour. Advertising that we did this month included a print, all of our normal publications that we do, especially our Texas publications, billboards, there were six of them, Abilene, Midland, Odessa, Lubbock and Brady. We continued with our online advertising, we continued with our cable program and TV, the statewide cable on Turner, which we've got a lot of feedback about, our social media, And we ended the year with 34,020 requests for further information from our advertising for 2015. I've given you some samples of a few of our advertising pieces here. That first one is Texas Highways and to Texas Monthly that ran in for November and the other, the right-hand side is Texas Highways December and Texas Monthly. And the left is actually one of the summer ads, and I included that in this quarter because at last meeting somebody asked me in particular what we had run in family circle and better homes and gardens, so I included that one this time. And then on the right-hand side of the page is the ad that we ran in the state of Texas Guide. This is the billboard that we ran for holiday. Our focus of the billboard of course was Concho Christmas celebration and Christmas at Old

[0:29:33] Fort Concho and I'll tell you a little bit more about this billboard at the end. Our statistics for 2015 at the Visitor Center, we welcome 10,226 out of town visitors and our top 10 Texas cities are listed there, the left side our top five and the right side our next five. and once again was our number one slot, followed by San Antonio and Abilene. The visitor center sign-ins for out-of-state here are our top six. California once again was number one, that's pretty constant. Number two, New Mexico. Number three, we picked up Ohio for the snowbird market. Our international market, number one, was the United Kingdom, followed by Mexico, Germany, Canada, Australia, and Italy. The hotel update, our year-to-date occupancy, is down 27.9% at 48.5%. Our demand is down 13.2%. Our average daily rate, down 21.2% at 86.16%. Those are all year-to-date figures. I want to point out that one very good thing now, for December, for the first month in over a year, our supply was actually up. It was only up 1%, but for the last year, we've been down 12 to 15% consistently. So we hope that's the start of things going the other direction. All of the hotels that were in production are currently open. that puts us at 33 properties with 2,821 hotel rooms. We were awarded a Readers' Choice Award by Convention South Magazine as a top meeting planner destination in the south.

[0:31:33] I included this in the presentation today. It was a Readers' Choice Award. Because our mission over the last really year and a half has been to stay in the faces of the meeting planners while our prices were high, saying stay with us, we've got new product coming, the prices are coming down. And we know that of the people that voted, it wasn't the other cities that voted for us, it was the meeting planner. So I wanted to include that today. I was pretty proud of that. We do surveys for the Christmas, there are two big celebrations. Christmas at Fort Concho this year came in a little higher than usual on their out of town visitation. Of course, you remember the weather was incredible that weekend, with one third of them being outside of the county. The Conchoke Christmas celebration, we have quite an involved survey that we tally for that. I went through 7,887 total surveys, and 20.7% of them were from outside of San Angelo. Our top five cities were Ballinger, Midland, Abilene, Sonora, and Atai for Lubbock and Odessa. And you see those little asterisks there? What I wanted to point out is that billboard that I showed you, it was in four of the markets that were our top five cities. So we know that our billboards worked. Also we asked them for what made them come? What enticed them to come to San Angelo? And our top advertising answer was Billboard, believe it or not, followed by our Texas events guide ad that we did. The billboard that is not listed in the top five was Brady. Brady still did well, it just did not show up in the top 10. We had people from 27 other states, 252, other 252 Texas cities, and we were able to prove

[0:33:34] from the survey 420 room nights. We, a couple of things I gave you hard copies today. We passed out hard copies of the budget and also of the economic impact report. And a couple of things I would just like to highlight. In October, we had a military reunion network show here and that did very well for us. We had the trade show and then we had a familiarization tour where we took all of these military reunion planners all over St. Angelo and showed them what we had to offer. I'm pleased to say because this hardly ever happens that we booked a piece of business while they were here and the gentleman is from Nashville and he is bringing his it's called the security squadron Air Force Vietnam reunion here in September of this year and you usually hope you can turn something around any year or so but to book a piece of business at the event is wonderful. Also we hosted the Texas travel counselors from across the state to an educational familiarization tour also. You know there are front line out there across the state being able to answer questions about what San Angelo has to offer. Also in December we were very involved obviously with the two big holiday events and to the Doug McCutchen tournament. We did give some funds to that from our sports allocation fund and that continues to grow every year. Are there any questions that I can answer? I'm glad to see what you're doing Pamela. Let's bring these conventions, let's bring these tournaments. Let's get them back into San Diego and fill these rooms up. This is wonderful. Tourist dollars are wonderful dollars. Thank you so much. Thank you, Pamela. Mr. Looney, this is the presentation of actions of the marketing and

[0:35:52] recruitment division for the fourth quarter of 2015. Fourth quarter saw us do a did a very good and profitable I would like to think trip to Dallas where we met with 40 national site selectors. It was a summit meeting. That was a picture of the meeting. It was pretty fun. And we met with corporate real estate brokers and with national site selectors. This resulted in one meeting with an aviation parts supplier for a warehouse interested in San Angelo. And we had a follow up meeting with a consultant who has experience working with our county in the past and has expressed interest in discussing a company that is interested in San Angela. And since this is fourth quarter, it has progressed. The picture here shows the brand for a company called WEDA, which is the World Economic Development Alliance. This is a company that we contract with for a fee. And they have been very, very helpful. You never really know exactly what you're going to get, but we've been very, very impressed with their service and they have been an excellent partner in opening up a lot of doors very quickly because they are a clearing house for a number of site selectors and corporate facilities managers that are interested in relocating or expanding. To give you an example, this is a list of several of the prospects that we are in discussions with. These are proposals that have all gone out. Project Machine Gear 40 to 40, 45 to 50 employees. Project Aquaag, which is an aquaponics company that uses recycled water. Project Strong is a national automotive parts fabrication company.

[0:37:55] We have followed up with 161 mailers to prospective employers as a result of that meeting. and Recruitment Services current projects, these are some projects that you've heard about in the past 2015, just to give you an update, Project Q, which is a pet products company. We have been in contact with their site selector in Dallas. We are awaiting next steps. The discussions have been encouraging. Project Harvard Call, we have had a series of phone calls with the site selector for a call center and we have sent them information on workforce capabilities and on available facilities. And they are going to come down in April to do a site tour. And I want to make a special mention that our partners at Workforce have been really helpful because one of the main questions that we get from these companies that we're talking to is they're very quick to note that we have had historically low unemployment in San Angelo And their concern is where are we going to get people to work for us? Do you have enough people? And then the other concern is what happens when oil shoots back up to 85 bucks a barrel? What's going to happen to all of our people? And so Kathy Ballard and Mike Buck have been awesome partners in addressing those concerns and allaying those fears. And then Project Skyward is an aviation related repair company and we are working with their site selector on next steps to see if we can progress that project forward. I might mention that I think it's worth noting, some of you may be aware, we have been working with our other economic development partners, namely CoCIDEC, in securing a food processing company that has located an expansion from Mexico, and that's a picture of the Bell Street facility. to the world, to the nation. We run an ad twice a year in trade and industry development magazine.

[0:40:01] This is a publication that goes out to 25,000 readers. They are mostly site selectors and corporate facilities executives. And we have a special deal with them because we've actually used them. My predecessors worked with them in the past. And we have a really, really vibrant inside full-page ad, speaking of San Angelo. It's an infographic which we found is very easy for people to read, and when we ran an ad last year, which was kind of similar to this, it did result in two phone calls, and it was notable that the phone calls, the outreach we got, which off of print media has really not got a really high rate of capture. They were familiar with San Angelo, and they had some linkage here. This is a little overview of the magazine. It's by monthly. It is directed at site selectors in manufacturing companies. It reaches more decision makers than any publication dedicated to site selection. They use an economic development streamline data mining process. I don't exactly know what that means, but they say it works really, really well. and it goes to 21,000 to targeted industries. This was the bio-pharma issue, this most recent one. And then 4,000 issues go to dedicated site selectors and consultants. One of the programs that we work on is Goodfellow Air Force Base, being a $307 million economic catalyst to our economy. We take them very seriously. In the last quarter, we co-led a team called Team Element for the P4 project, the public private project, on 12 different programs to help enhance the basis missions and effectiveness.

[0:42:04] We signed three of the 12 memorand of understanding in December, nine of the 12 are right now and legal. By this time they've now gone through and on the 22nd of February we're going to sign off on those remaining nine. To give a little bit more background on what that means specifically, team element is a base community relationship project. Team facility is one portion of it, which is for the design and construction of a joint training center on county land. Team education is dedicated to making an an official relationship between Howard College and base for dual credit for a degree program. And Team Medical was already signed just in December, and that gives a cross-training framework for base medical facility to work with Shannon and vice versa. There is an image of the proposed joint training center. So we had a schematic drawn of how it would look. It's not set in stone, but that is where we're focusing, and that would be in the northeast part of the city. Which of us signing the MOUs in December. That concludes the brief report. If there are any questions, I'd be happy to answer those for you. Thank you, Council. Good job, Mr. Lenny. I also want to just take a quick second and thank all of you for your support. This has been a very difficult 72 hours and the emails that I've gotten from everybody It's been pretty awesome. Thank you. All right. Let's move on to the next item, which is B, the first public hearing, and consider introducing

[0:44:05] an ordinance, amendment chapter 4, article 4.04, section 4.04.061 to adopt the 215 edition of the international bidding code, building official, Mr. Al Torres, you do have the floor show. Good morning, Council, Mayor. My name is Al Torres, Building Official City of St. Angelo, and I am here to talk about adopting the 2009, I'm a 2015 International Building Code. As you all are all aware, this is a list of the current codes that we have adopted. We have the International Code Council of Family of Codes, and in addition for the electrical code we have the National Electrical Code, and also something called the Amusement Device Code. of the codes that we currently have adopted. All we're looking at today is upgrading the International Building Code, which some of you might know as a commercial code is what most people call it. The 15 International Building Code, what we've done is we formed a committee to discuss the significant changes and whether we should adopt the new codes or not. As you know, the International Code Council is a group that looks at all of the different codes and every three years they publish a suggested model code. They look at all issues, fires, disasters that have happened around the country, things that are working or not working, and then make suggestions to the code and put out a new version every three years. They put one out in 2012, we weren't ready to adopt, so we kept the 2009. Now where they've put out the 2015 version, so we really need to move forward with adopting new codes, so we come to the committee to look at these. The information was sent to architects, engineers, commercial realtors, contractors. Commercial realtors were initially left off that list. That's why we started to look at this in December,

[0:46:05] but we put it off until we could meet with them. We wanted to make sure we had everybody's support on this. I believe they were gonna contact you directly, Mr. Mayor, but they are on board. Every one of them is satisfied with what we're doing. So everybody seems to be on board with this. We had meetings, April 30th, May 7th, September 29th, and October 5th, that was your initial meetings. Of course, we had several in the last couple of months with realtors. We also went to the Development Task Force, as let them know, if you're interested in this, let me know, we'll sit down and go through it with you. We've also had other committees that were formed and were held. Those other committees were for all of the other codes. We've already started meeting. But again, today's meeting is only about the International Building Code. Over the next few months, we are going to continue to meet and review adoption of the residential existing energy, plumbing, fuel gas, and mechanical codes. We're also going to be looking at two codes that are not adopted called the International Green Building Code and the International Property Maintenance Code. Basically, our committees and hearings will be just to decide whether or not we should even look at adopting those, and if so, you know, under what circumstances. But those are in the future. I want to mention these, because when we first came to the Council, one of the comments was that you've heard a lot of concerns or opposition to some of the codes, and I will admit that in the meetings that we've had, I have seen a lot of opposition in particular to the new energy code, a lot of reservations about the new residential code, even a little bit on the new electrical code, but really, those are not codes that we're looking at today, we are focusing on the international building code today. The building code itself, in a nutshell,

[0:48:10] This is essentially the changes that we're suggesting or we're making that we include in the new building code. Basically, it says that we are gonna adopt the model code in its entirety as published by the International Code Council, except for these items. Chapters 13, 27, 28, 29, and 32. And appendices, A-B-D-E-H-I-J. And I'll talk about what those are here in a minute. And then certain sections, including 101.4, which basically references the property maintenance code. As I mentioned, we don't have the property maintenance code adopted yet. So we're striking that section from the building code language so that it's not referencing something that we don't have. Section 105.3.2, these are sections that we actually modified the language in the building code. It's written in the building code already, but we're just modifying it. Section 105.3.2 is a section that says when somebody pulls a permit or applies for a permit, we have the right to go inspect the property. What we modified it to is to include that when somebody applies for a permit, we have the right to go inspect before the permit is issued to make sure that the conditions that they are indicating on their documents are indeed as they've shown them. So we can do an inspection before we issue the permit to look at the existing conditions. And that one was that way in the last adoption. We didn't change it. We're just making the same change again. 111.1, talk a little bit more about that one in a little bit. But that's the one that was a hang up with the commercial realtors. So we went ahead and went through there and changed the language a little bit to clarify it. They were happy with the way we're interpreting it. They just wanted the language to be clear to make sure that it can't be interpreted in a different way other than what we've discussed.

[0:50:13] 1612.3, establishment of flood hazard areas, that was just a fill in the blank, where we filled in the latest data of our latest flood maps. And again, that's the same in every code adoption. They just wanna make sure you have the latest information in there. Chapters that were recommended to be excluded, 1327, 28, 29 are basically, references to the actual codes of for instance chapter 13 is sort of an abbreviated energy code chapter it has the basics of energy conservation but it references the 2015 energy code since we are not adopting the 2015 energy code as a viet we're gonna we're striking those chapters it referred to other codes so so that those other codes remain as the governing authority. Until we adopt the other codes, the 2009 energy efficiency, 2008 electrical, 2009 mechanical, 2009 plumbing codes are still in effect. So that way there's not inconsistencies between the 2015 and those codes that we have adopted. Chapter 32 is a new chapter that was added in our last code, the 2009 that we have adopted. Basically, it deals with encroachments into the public right-of-way. There's essentially two issues in there that we've had issues with over and over, and there's really the only two things that are mentioned there. One is canopies and high through carments when they extend over the public right-of-way, and then also doors swinging into the public right-of-way. These are the things that we already address through our local code of ordinances. I mean, every time somebody does a canopy or something, they're crotchers of the public right away, they're coming to you anyway. So I think it's unnecessary to burden people twice with this. So I'm proposing doing away with that chapter

[0:52:14] with those two requirements. And then lastly, the existing building code chapter has been deleted completely, so we went ahead and excluded it. Now the appendices that were recommended to be excluded, All of these were appendices are excluded in the last adoption, the current adoption that we have. So we're just maintaining those. Employee qualifications basically talks about when you hire code officials, they recommend, they even recommend salaries, they recommend qualifications, et cetera. We have our own system of doing this. Board of Appeals, again, they recommend something but our code of ordinance has already spilled all that out. Fire districts, supplementary accessibility requirements, science, patio covers grading, all these things, with the exception of grading, all these things are things that are already covered in our code of ordinances. So again, it's not necessarily to have inconsistencies or to try to do it twice. So we just deleted them out of the code. Oh, in the background memo that you received, hopefully you all had a chance to look at it. I included a summary of changes for both the 2012 and 2015 to catch us up to today's date. In those summary changes, listed all of the different categories of changes whether it was an addition to the code whether it was a deletion whether it was a clarification the things that were added were done in red so hopefully we're able to pick those out so if you have any questions about any specific ones I can answer those but otherwise I wanted to point out that there were 306 total significant changes from the 2009 codes to today's code. 124 of those were simply clarifications. The language was misunderstood, so they're just clarifying what the language really means. 78 of those were requirements that we felt were relaxing the code, especially from the 12 to the 15. There was a lot of relaxation of requirements.

[0:54:16] 51 of those were actually things were added. 15 of those were just definitions that were added that were not in the code before, 24 were just references to other manuals, the ACIS concrete manual, for instance, or the AC117 accessibility guidelines manual. And then 14 were things that were not applicable, things that dealt with either earthquake zones that were not a part of or, you know, wind regions that were not a part of, so things like that. And again, the complete list of changes was included in the background and following, these are some of the kind of the highlights some of the things that I saw that you guys might be interested in. Of course there were a lot of definitions and clarifications. One of the changes is right now, fences over six feet are not required to get a permit. That's changing to fences over seven feet are not required to have a permit. And if you have a question about any of these, I can kind of go into the background as to why they're making the change. But mercantile occupant loads were relaxed from 30 to 60, so that means the requirements for exits and bathrooms and things like that are going to be less. The area table is reformatted, basically that just makes it simpler for people to understand the kind of building that you're proposing, how big of a building can you have, how tall can it be, that kind of stuff. Commercial kitchen requirements were relaxed based on the relationship or lack of relationship to a dining room. We get that a lot of people that are doing commercial kitchens There's a lot of restrictions on those, but if you're, you know, a church kitchens, for instance, a lot of those have been separated and relaxed somewhat, so it makes it a little easier to do those kinds of kitchens. Private garages, they were kind of lumped in with regular garages, but now people downtown that have private garage units, their restrictions have been relaxed a little bit.

[0:56:18] Elevator lobby areas have been relaxed. Assisted rescue areas now loud on stories above the level of exit discharge that mostly deals with higher taller buildings, but we have a few of those here in town. Reduced number of facilities in accessible rooms that has to do with particular group living facilities and things like that. Roof gardens are now addressed in reference to fire cook provisions. We haven't seen any yet, but we've heard about a few people that are at vast about doing roof gardens downtown. So that's that's now addressed This is next one is a question we get a lot Where you're only required to provide one man's and one women's toilets people are always asking well Can we make them both unisex under the current code? You can't do that but under the knee code you can and then toilets for parking garages are no longer required unless a parking attendant is provided The existing building code again the chapter has been taken out, but the existing building code is still something we have adopted there's always been question as to when you have the existing building code says you can do something but the new code says you have to do something else there's a lot of cities they have different interpretations of which one takes precedence this is making it clear that if the existing building code says something about an existing building it takes precedence over the new or the other codes this next one is the one that again that the realtors were having issues with says a change in use now requires a new certificate of occupancy, even with no change in occupancy classification. Just a brief explanation of that. It's always been the case that if you change occupancy, you need a new certificate of occupancy or change of occupancy from us. For instance, if you're a building that houses an office building, the owner moves out and someone else buys it and turns it into a restaurant, those are different

[0:58:20] occupancy classifications. One's a business and one is an assembly. So they have to come to us so we make sure that they meet the provisions for the new occupancy type. Where it's not so clear is if you have two uses that are the same occupancy according to the building code, but one clearly has special requirements. And the good example that we've been using is if you have an office building or an office space that is vacated and someone else moves in and puts in an ambulatory healthcare facility. Both of those are considered a business use, but an ambulatory healthcare facility has special requirements in the code that are attached to it above and beyond what's typical for a business occupancy. So what the code did was added the word, a change in use. And what the realtors were concerned with, the commercial realtors, is that someone could interpret the word use liberally and say something like, you know, just a change of ownership is a change of use. You now have to get a certificate of occupancy. That's not the case. In places like Abilene, for instance, that is the case. And Abilene, if you change owners, if you change businesses of any kind, even if it's an office building to an office building, you have to get a new certificate of occupancy. That's not the case here. That's a local thing over there. That's not what the building code is intending. So we're just make, we just change the language make it clear the change in ownership, change in businesses, if it's the same type of business does not require a new certificate of occupancy. The next one's storage rooms less than 100 square feet are no longer considered an S occupancy. That's a big one because a lot of times you have to provide fire separation and it's always a big question. And then this next one's where roof is used for assembly purposes. The building must be sprinkler. of really a fire code but some of the art chapters reflect what's in the fire code and say a restaurant decides to open up a rooftop for dining and they have more

[1:00:23] than a hundred persons they're not going to have to find a way to sprinkle that area up there and that's kind of like I said the highlight of some of the changes we have if you have specific questions about any of the changes that were in the background I'd be happy to address them and that's all I have but we'll walk down. I'm just going to pick something as an example maybe and you helped me through it. You mentioned the issue of structures that encroach into the public right-of-way. Yes. And that you y'all have removed that from this proposed code. Is it possible that that remain in the code and actually be more quickly process through your office then requiring council action. It could. If you can take any step away from that developer, you've saved them time which equals money. That would really be your call because right now the policy, I don't know if it's actually even in the ordinance, but right now if somebody wants to build a canopy that extends on it to the public right away, they have to get a sidewalk use agreement, come to the council get permission you tell them you're okay with it the height and how it looks and all that stuff and of course if it's downtown it also has to go through the HRC approval but there's other steps that could actually take care of that without it requiring essentially essentially what the code says for canopies is that canopies have to have seven feet clearance underneath it but if it extends over two-thirds of the sidewalk then it has to have 15 feet of clearance underneath it. But I'll let you do that. So you're looking at every other aspect of the development. I would personally just assume you do that. Not that I would hold this up. I think we could look at adoption and modifications later.

[1:02:25] I don't know what they'll say. But that's kind of my feeling on a couple of these, is that you know that these are handled elsewhere in processes. but if the process actually adds time, leaving them the way they are, I'd rather push them back to the code and let your office handle those if it gave the developer back time. And maybe those that are here could speak to that. This is the first reading, so you can make changes toward that second reading. Well, as I said, there's six people that may have a very different opinion, but just getting started, that would be kind of a broad comment that I would make. When you use the example of a canopy, most of the time, for encroachment into the right of way, we're gonna think of downtown. May or may not be the only place that that happens. But how do you distinguish whether that goes into the existing building code or the code itself? Well, the existing building code, of course, deals with something that's already there. We're talking about new canopies that are being So it has nothing to do with what it's attached to. OK. Just want to clarification. Thank you. And like you were saying, one of the reasons we're taking it out is because we're dealing with it twice. You're already dealing with it. So why? You can deal with it once. Why place further restrictions on it. But if you want to do it the other way around, where we deal with it now, I might look at modifying the language a little bit, if you want us to keep it, because we have had several cases where canopies are encroaching entire or over two-thirds of the sidewalk but it's a special condition and we've kind of looked at it and as we can judge the reason for this this particular item is for fire protection access and so I work with the fire marshal whenever these cases come up the Performing Arts Center for instances one had some canopies had

[1:04:25] a canopy in the front that meets this requirement that had a couple of smaller ones on the side that didn't meet the high requirement they were closed but not quite and we went ahead and and allowed them because we didn't see any fire protection issues. So I'd like to be clued or modified include some language for special circumstances and certain canopies. I appreciate the work you've done I think it's incredibly clear I hope I hope the your committee is as happy with it but as you said you you've got more relaxations than you do addition so it looks good thank you. It's not the case on some of the other codes but that's right you see Johnny I just say art art Al you you're doing a good job I just anything that that keeps you from having to come to us to you know for approval of anything and just help make the process a lot smoother for a lot of these business owners. There's the last, you know, I kind of kind of squirmed when we're labeled as, because then I feel we're part of the city, when we're labeled as anti-business, you know, when they're trying to move along and open business and just get going and then they run into all these obstacles is what really puts a bad mouth on a lot of the folks out there that are trying to do business. anything to make it smoother and you're in it. I'm fine with Marty? Nothing. Rodney? Yeah, um, how many commercial realtors were involved in these last meetings that we had just recently? Six or seven of them? We're at least six. It was, uh, uptime ahead. I don't remember, uh, Lance, Scott, Allison, uh, Steve Houston, Brandon, um, So they were all on board with all the changes that you're presenting to us right now.

[1:06:28] We had several meetings, talked by email, went through the list in particular, especially this particular one we went over and over to talk about the language. And I can see. I totally agree with that change. It should have been made. The next thing I have really is the small one is the six foot to seven foot on the fence. Why aren't we doing that? The description is because there's a lot of questions about how fences are measured and if you go through fences and it doesn't allow for instance opposed to come up a few inches or if you have something above that and again if the council disagrees with that we can change it and leave it at six feet but that's just one of the changes suggested in the building code. One of the things I can foresee on that is that uniformity, I like how they're all six foot Now and you have to go ask for permission or get a permit to do it higher than six foot. And we usually only granted that usually if it's next door to a commercial or if it's on a corner lot or something like that. I could foresee in the future though that you could have a neighborhood when somebody's like my neighbor decides, oh, you know what, I'd like to get a seven foot fence. And so now I've got a seven foot fence down one side of my yard, but then I have a six foot and a six foot on two sides of my yard. I personally, as a resident here inside the city, I wouldn't like that too much. You can have that now already. The only difference is that somebody could still build a seven foot fence. There's nothing that prohibits that. It's just anything above six foot requires a permit. They got to bring it forward. And the neighbor can oppose that. No, not to get a permit. That only comes to play when you exceed eight feet. I've had clients in the past have been turned down on doing a height. get it at an above eight feet you can but a seven feet you can't. I mean a seven feet you could build a seven foot fence on a residential district. The only difference is that you have whether you have to get a permit or whether you can do it without coming to us. If you build a six foot fence and below now you don't need

[1:08:30] a permit. You can go ahead and construct it without coming to us. If you build a anything above six feet up to eight feet because our zoning ordinance again this is a building code that our zoning ordinance limits fences to eight feet tall so anything above eight feet requires zoning approval but from six to eight feet the only thing that changes is that they had to come to us for a permit they don't need approval from anyone they just need to come to us for a permit and then we go inspect it to make sure it's you know constructed soundly it's not gonna fall down we've had that in place for already I'm fine with that that's correct and I think it does get more difficult because of how offenses most fences are constructed six foot it's a special order and it's a lot more expensive and that's a standard and I think that'll probably continue to be in place most people will probably build six foot but they have the right to build up to eight foot I'm good with everything else I do have some problems with it I've still got some problems with one one one point one section three on that occupancy recertification and I did talk to one of the one of your commercial, and he told me that I can accept it, but there was a little bit of reluctance in saying I can accept it. I talked to two others that were not on the committee, and they're against it. Commercial? Yes. And the problem, it's not so much, it's the commercial realtors that I'm getting the problem with. When the building is built in 2000, say, it's built according to the codes that are in effect at 2000. And then in 215, if they sell that thing, you have to go in and reoccupy and re-certify, I see all sorts of abuse that could come about. Maybe not by you, maybe not by us, we understand what we're doing, but we don't write ordinances for us. We write ordinances for 10 and 15, 20 years down the road. And I can see all sorts of abuses that could be added by saying, no, now you've sold this building, the sale has been made, but now we're not going to let you do what you wanted

[1:10:33] to do unless you go in and completely re-fit this building to meet today's codes and die. Yes, but that's not the case though. It's already the case that if a building was built in 2000 or 1900, and it continues to be of the same occupancy type, that occupancy runs with the life of the building. So even if it's been empty for two years, a lot of our zoning ordinance requirements have a 365-day maximum period that you can be vacant and then you lose all your legal non-conformity. With the building code, if that building has a certificate of occupancy, has an assembly building and five years pass by and then they open it up, now we would like to make sure that some of the basic systems are just going to work and if they're going to redo the plumbing whatever, they have to get a permit for that to make sure all the plumbing is in good working order and meet safety requirements but we're not going to make them get a new certificate of occupancy if they come in with another assembly occupancy. Now if they come in and wanted to completely change the use of the building to a totally different use that's already the case that's always been the case. Whether it's a brand new building or five years old or hundred you know hundred years old if you change the use of something then you have to get a change of occupancy but again, that's always been the case. If you're, for instance, and one of the things that I told the realtors that we did meet with was we have a lot of forms on our page to try to help make things easier for people. One of the new forms that I'm going to create is a list, for instance, under business occupancy. Have a list of different kinds of business occupancies that if you change from one item in this list to another item in this list, you don't need to come see us. But under business occupancy, there's only two that we could think of that if you change to this business occupancy, you're going to have to get a change of occupancy. For instance, you could be in a bank, a barber or beauty shop, a car wash, civic administration,

[1:12:41] dry cleaning facility, food processing areas, commercial kitchens, et cetera, that don't exceed 2500 square feet, laboratories, motor vehicle showrooms, post office, print shops, professional services, like architects, attorneys, dentists, physicians, engineers, telephone exchange, these are all examples of businesses that if you change from one of those to another one, it's not a change of occupancy. You don't have to come see us. Again, this is under business occupancy. The only two that would qualify for a change of occupancy under business occupancy that we can think of so far are ambulatory or healthcare facilities and outpatient clinics. And the reason is because both of those have a section in the building code that has specific requirements that are above and beyond those for other business occupancies. They still fit in as, because essentially an outpatient clinic or healthcare facility is essentially a group of collection of offices, but they also have patients in there that are incapable of self-preservation at times. So there's a few additional restrictions. So even though they are a business occupancy, we would make them get a change of occupancy. But otherwise, a building that's, like I said, it was there in 2000, they sell it. A change in ownership does not require them to come to us. A change in business does not require them to come to us. It's just if it's a change in the use of the space to a different classification. But that's already the case. One on 5.32, the pre inspection. Is this just another hoop to make people jump through? No, sir. It's just there. And again, that's already in our existing code. That's just something that we added in there to make it clear that if somebody submits a floor plan that they want to get a permit for, that allows us to be able to go down there and take a look. We rarely do it, but it allows us, if we think, well,

[1:14:43] something's not clear in this floor plan. And we'll ask, we'll say, can we come down and look at your building? But that gives us the right to go down there and look at it and say, well, you showed a door here and, you know, we show up and there's no door there. What if I think it's like that? I'm comfortable with the code. I'm comfortable with changes, except one, one, one point. One, I'm not comfortable with that. I appreciate your explanation. And it looks like y'all have considered that, which may be the reason he reluctantly gave his approval. But I don't want anything in there that's gonna cause problems down the road. And I can just see a pattern of abuse that could happen with that. So anyway, that's the only one I have any problems with. No other comments from council, I'll open it up to public comment. Let's open it up to public comment. Anyone wants to speak to this, they have to come forward please and make your wishes known. Good morning, I'm Gary Cortese. Trying to figure out what I'm here as a businessman or a citizen. father or father or father this one on the change of use wasn't here I didn't come up here for this meeting this morning specifically for this and I saw on the agenda it was here and it reminded me back in the these but the 1990s at a commercial business it was the lodging business and a motel and we bought it in 92 and got it occupied and running and sold it in 1995 and everything was going

[1:16:48] along well the purchasers and us we were friendly we had dinner together we offered to help them when they got going and be there for them. Close with a transaction, workers went down to change the electricity. Unbeknownst to us, it triggered a full-blown fire inspection, the fire marshals office. The property was built in the 70s, and after the fire inspector got through with them, the new purchaser, they had a laundry list of things to bring up to the 1990s code. Well, at that particular time we put a pencil to it, it ended up to be about a $50,000 laundry list of things to do. Well, you know, as a seller of the property, we were free and clear. The caveat, NPR, buyer beware. Seller beware, because we didn't know this was on the books. Oh, I guess the relationship went downhill from there. We visited with the fire officials. They were unmoving in the requirements. And so, the lawyers got involved. And when the lawyers got involved, set down in mediation, arbitration. Fire officials started easing up on some of the requirements and coming up with some other ideas besides operable windows

[1:18:51] on a second floor, we had fixed glass, a full sprinkler system throughout a structure that was built in 1970, and some ideas that were just basically unfeasible for that property at that time. And I guess the part that threw me the most, I was in the instruction business. And I didn't know anything about this requirement of when someone goes down there to transfer their utilities. It triggers these inspections. That requirement lasted about six months. And then for some reason, it went away. I don't have no idea why it went away, But I was glad to see that onerous type of requirement go away. I don't think I'm seeing that coming back. But I don't know. Like I said, I wouldn't hear for this particular item. And so I haven't had time to edit or ask questions. Out, Mr. Torres, it's explained it well. But that was the sounds like Abilene still has it. The utilities are transferred that triggers a different deal so You know, that's Mayor explains there's a lot of devil in the details on what's what's happening here. Are we opening the door? or this Armant to ease its way down the road to where Every time a Even though it was still going to stay a motel or lodging it triggered a blown fire inspection to bring it up to the modern-day code so that's that's older structure you said you said exactly what

[1:21:01] I was trying to say very well okay if I can go ahead and address that issue and I understand I understand Mr. Cortese's concern if but that doesn't apply in this in this case again like I said if you're not changing your occupancy we're not gonna you don't even have to come to us you can just move out and move in for restaurant moves out another restaurant moves in they don't even have to come to us what he's talking about if someone is if a commercial building has their utilities turned off a EP will ask us to clear the electricity before his turn back on so Basically, all that involves is our electrical inspector saying yes or no, he's okay with the electrical system as is. Typically if there's any changes to the electrical system, the electrical inspector will have to hire an electrician to make any changes that are required, he'll tell us it's safe to turn on, we'll look at it, we'll say yes, we'll clear it, it's turned on. We don't send a fire inspector, it's only about the electrical system. Now, when someone, the one question we ask, when they ask us to turn the power back on because of a new tenant, are you changing the occupancy type of the building? Are you going from a business to a mercantile, a mercantile to assembly? If the answer is yes, then we say you need to come get a change of occupancy permit because that's what the code now requires. If they're not, then again, we just deal with the electrical issue itself. Now, fire marshals, as you know, it's a totally separate, that's one of the fire code. You guys adopted that one. Separate from the thing we're talking about right now. Yes, correct. The fire marshals, they do annual inspections on every building, every existing building. They have a list of things that are life safety items that really don't have to do with our building code. And when they go through and do their inspections and they see things that don't meet current codes,

[1:23:02] smoke alarms or certain things, I mean, smoke detectors, things like that, They're going to make you put those in and bring it up to code. But that has nothing to do with this. That's that's something totally separate. In the case of what Mr. Cortis is talking about, I'm not sure why our Marshall Inspector was sent out. If it was motel and he sold it to someone and it was still going to be a motel. Again, under these rules, they wouldn't have to come to us. Except to get the power turned back on. We would not send a fire inspector just for that. And, and to further clarify that, the language itself, and hopefully everybody saw the revised language on this one section, but we specifically added two exceptions, and I really, I guess I should have put that on the slide here, but the two exceptions were number one, changes in ownership where the use and or occupancy remain the same are not required to obtain a change of occupancy. We want to make it as clear as possible. Because like I said, the realtors were concerned that they believe that I'm going to enforce it this way because that's what I'm telling them. But if I'm gone from five years from now, and somebody else is here, what are their guarantees that another building official is going to interpret it the same way. So we want to make it as clear as possible. And then the second one is a new occupancy by a like or similar use where additional restrictions are not required by chapter three are not required to obtain a change of occupancy. So again, we're trying to make this clear as we can, that as long as you're not changing use or occupancy classification, or don't have specific requirements that are different, you don't have to get a debate about competency. So hopefully that, that's what it is concerned. What do you need? Well, I think, Y'all, and I believe you pretty well covered it. I'm still not real comfortable, but I'm more comfortable. I'm more comfortable. I was following and not confused until that last minute there, And then you straighten me out, but I don't want to have our rules so strict that we literally

[1:25:04] tie the hands of people reselling for reuse of our older buildings and our businesses. Yes, I want them to meet safety precautions, but I can't agree with requiring a 1970 structure brought up to 2015 building codes because if that's going to happen, that's certainly going to have to be considered in the price of the property. It affects it seriously. So I don't want to damage that, but you're telling me. This cleans it up. I read it over the weekend. I'm fairly comfortable with it unless someone comes along that finds a loophole that I can find. And on top of that, what really helps also is that we have adopted the existing building code, which is another code that we'll look at in the future. But basically the existing building code also states that if you and it's got different levels of alterations but you know in most cases depending on what you're doing you don't have to bring things up to code unless you're you know working on that area one of the examples I like to give is about if my plumbing inspector shows up to do a water heater inspection and he happens to notice that you don't have enough electrical plugs in your kitchen we can't touch that we're only gonna look at the water heater we're not gonna go in there say you have to bring your plugs up the code. I don't have to go in and put in the solid steel doors and escape routes and you know which one I'm talking about so I'll make the motion to accept changes presented. Well being is how this is the first reading and this gives us two weeks to read this over and look it over yes and if anyone has a problem with this out there the commercial realtors or builders if you've got a problem with you give me a call I I would like to talk to you, because if this, I'm still not comfortable with it. And we do have another meeting that we can change and still make amendments to this if we feel that they're warranted.

[1:27:04] So this is first reading. It's not set in stone yet. We can still fix it on the next meeting. So if anybody in town's got a problem, give me a call, yes ma'am. And I don't know if Charlotte would amend her motion, but could we consider looking at some of the things where there's duplication and if we feel that the code and having those addressed in the code actually streamline a project that they be moved that way rather than left as a standalone process. Chapter 32 in particular. If you think there's anyone another one that stands out like that to me I would certainly appreciate it. I kind of like the canopies left right where they are personally. I mean they are downtown and it does deal with our citizens and I'm not unhappy with the canopy code as it is. Well, the code doesn't go away with canopies. It still allows them to just, you know, places where you've, I like the way you've presented it, which is the way Charlotte is made or motion unless she amends it. So unless she amends it, I'd like to stay with it as presented. And then if we see down the road, we need to tweak this. We can change it. But is that your motion? Is that your second Mr. Silva says progress and moving on that is as presented the motion has been made, we accept it. Do I have any further public comment on this item before we vote? Any further council comment on this before we vote? I would just like to say I thank you very eloquently through the Fire Marshal's office in front of the bus and I think you did that one. Ross will appreciate it. Good job. I'll call for the motion. I'll call for the vote. All in favor of accepting this as presented, please say aye. Aye. Opposed, nay. Nay. Put a six-well-a-six-one on it. My nay will come next week, next month, if we don't clarify it. It is 1031, and I am just about worn out setting in this soft chair. And I know that y'all are very worn out setting in those unsolf chairs.

[1:29:05] So I'm going to call about a 15-minute break. It's now 1048, and we are two item number which is an update and discussion related to the Red Arroya Trails and Dogport project. Russell Pail, you are on, sir. Good morning. I'm actually co-presenting this presentation with the Director of Public Works, not Public Works, sorry. The Director of Parks and Recreation, Carl White, sorry about that. The Red O'Rill Trail Project is a trails project that parallels the Red O'Rillio extending from Knickerbocker Road to southwest Boulevard on the west side. So here's southwest and Knickerbocker is over here. Currently the finances involved with this project was approximately, it was let for almost four $4 million, amount paid to date is almost $3.5 million, which is approximately 80% of the overall contract amount. This project was actually let through the Texas Department of Transportation and has been funded through Texas Department of Transportation. This original start date on this project was November 2014 with a one-year contract timeline to complete. Currently, the project is extended well beyond that, and we're assessing liquidated damages on that project. Sorry. It is estimated to be completed in February, or at the end of this month. The liquidated damages are approximately $970 per day. One thing that we're looking at in this contract too is possibly suspending the contract part of

[1:31:07] the problem that they're having right now is that a lot of the ponds that were constructed in this project are full of water and they need to still remove some soil and doing final grading with that. So what they're looking into doing and working with text dot is to extend the contract or delay it until this summer so that way they can either pump it or just evaporation to get, to drought those ponds so that they can work in there. This picture here is just a picture of the trail from between College Hills and Sherwood Way. And this is a restroom facility that's being constructed near Unidad Park. It's the bridge. This is a bridge near Sol Ross across Avenue. There's approximately eight of these bridges throughout the project. Currently, all the trail portions are completed. There's seven of the eight trail heads are completed, which is just the one that's remaining is they have a construction entrance there, and they don't want to drive over the trail and damage that portion of the trailhead. all portions of the bridges are completed, all the parking lots are completed. They're just holding off and letting a lot of people get in there right now to wait until that project's actually completed. The ponds, like I said, they're still five ponds that are 95% complete, two stormwater ponds that are 80% complete, and there again it relates to removing the amount of soil that the actual depth that they need to be at and the required volume of rain

[1:33:07] water that they need to hold and then the restrooms that what I showed you earlier is approximately 65% complete. The amenities are all completed basically these are the the benches that are periodically along the trail and they're all installed ready to go. Final grading they won't be able to really complete this until there again the ponds are completed it's about 90% complete at this point and then finally they'll come back in and they will seed the entire area that's been disturbed and plant grass so that everything has brought back to natural vegetation. Go ahead. Years ago I'd ask about seeding whenever we did raking mowing you know out at the airport area that we not do some of of Lady Bird Johnson's and get free from the state, the blue bonnets, the wildflowers. When you do seeding, is it possible to just seed with some of the wildflower areas for beautification purposes, instead of just grass? Yeah, that's definitely something that we could bring up, you know, with our contractor. There again, you know, if there's any additional funds, we'll have to work with text.n contractor on that. Let me add to that. We went out there actually with the Parks Department, Roger Havelock and Carl and look at that. And so Roger's already looking at some specific mixes that they're planning on putting in in certain areas. So they're on that. This while we're there and the opportunity to help beautify the area. All right, with that, I'm going to give it over to Carl White, the Parks and Reg Director, sorry. Just right quick, this map shows again where we've been okay to construct the dog park. And I say construct. There's no structures.

[1:35:07] It's really just the fence and the walkways and the signs. And this is College Hills Boulevard. This is Middlebrook. And the right of Roya comes through this way. We've got the small dog park here next to the restroom off, next to the parking lot off of Middlebrook. And the large dog park just opposite that of the trail. And here are the estimates for the cost of the improvements. As it shows here, the walkways fencing, drinking fountains, benches, tables, the water lines for the drinking fount and for the trees that we plant. And the obstacles are the dog obstacles that the fundraisers want to include as part of the dog parks that the dogs can use. And our budget for the project is $78,000, 66,000 of that is from private fund raising and 12,000 from the Development Corporation. And our intention is to begin the project shortly after the contractor has been released from the trail construction project. And as you may have heard, there is some water sitting near some of the location where the dog parks will be constructed. And of course, we'll do some drainage work to make sure that water doesn't sit in the dog park areas once it's complete. And as you know, the dog parks are in the floodways, part of the Red Arroya, so it's good that if we have occasionally floods, because that means we're getting rain, and it also means that the grass will stay fairly green down there without adding irrigation, so it's a good thing. And then we ask to make, it'll take two months for construction of the dog park project. So it's really hinging off of when the contractors release from the project. We're in the process now getting all the specifications

[1:37:08] in the design work done so we'll be ready to go shortly after the contractor is released. That's all I have. Wasting Council? Redney? One of the one the small dog park area there's a drainage that's coming off the parking lot there and it's going right through the middle of that. It's part of that right yes and looks like they poured some concrete out there the other day that they messed up or something I don't know what they did it looks I'm think they're gonna have to go back in there and rip it all back out we had this plan in place was that did they anticipate doing that drain there because I'm pretty sure they didn't because that parking lot flooded was holding all the water down in the bottom of that parking lot and they had to figure out how to get rid of that water after the fact it looks like this what they did here looks like it's trying to drain water that collects in that area we'll have to work around that it's it's it's not going to be water that's there all the time it'll just be from a major rain event that the drain will run water so we'll just have to work around it that the drainway they constructed isn't that large it's about a third of the size of this room right here I've just had several residents that are asking me about this and making sure that it's still gonna be usable on there and then when you We talked about the two months on construction, that's two months when they finalize. So we're talking, they're not possibly going to finalize until the summer, right? Well, as soon as they're released, it'll take us about two months to get a construction. Right, but they're not going to do that until the summer, it sounds like to me. That hasn't been finalized yet, that's just a potential that could happen. Well, they didn't plan on having summer and it had him rain recently and they're still

[1:39:08] water over there right now. There was last week in some water sitting right there. Yeah. And some in the collection area. And the big one. But it right where the water is sitting right now. It's outside of the large dark park area. But as I said, you know, we'll improve some drainage so that we'll get the water to run into the red auroria. We're not going to let it sit there. Right. Why do we have to wait until they sign off on the final before we start construction on the fences and things like that. In my opinion, with the liquidated damages, I don't want to get in the way of the contractor right now. Okay. That's really the only questions I had because a lot of people, you know, confused about us building, first of all, that one right there where it says option one C, where the big lake is, the flood, I guess that's a flood control lake. Why we did that to begin with up there, why didn't we just drain it right down to where that the natural flow was? Well, part of the problem with building in the flood plane floodway is per FEMA requirements. We have to mitigate for any improvements made in there. So if we're impeding flow, we need to be able to offset that flow. So what a lot of these ponds really are are to it's a more of a mass balance type. We brought in a lot of fill to bringing these bridges and the trails. and so these ponds are counterbalancing at per pima requirements. And that's what I want the public to understand. I mean, there are reasons why you guys did this. Right, and the drainage too that you brought up with the parking lot here, it was originally designed to drain that direction, the contractor chose and the drain that's going over there to the Arroyo, the contractor chose not to install that until now. So, I mean, that, I mean, it was me how to build that first, so it wouldn't flood,

[1:41:08] but anyway, that's, we can't give them means and methods. And then they poured some concrete there a couple of days ago that if you've seen that and that's gonna have to be ripped back out. Yeah, I didn't. I don't know what they're gonna do with that. They're not. I can't really move. I know it's not you, it's a contractor, but I mean, we need to get this thing done and we have lots of people that wanna use this park, especially the summer and what I was getting at is if we don't release them till the summer and then we take two months to build the dog part we'll be after summer time before anybody can use the dog part. Great. So I mean you know the thing that or the delay that I mentioned you know that is one option another option that they could do is they could actually pump those ponds dry and let them dry out for a couple weeks and move forward with the construction. It's just something that they mentioned to us that they're working with text thought on potentially doing. So that's why I wanted to bring that here today. What was the penalty per day for them being over the contract? $970 per day. Basically $1,000 a day. And we're holding back that money. Is that correct? Right. The way that works is basically we just don't pay him that amount per day. What if it goes over? That's they owe us money? They owe us money. It's basically what they come. Yes, technically this contract is through Texas, so we have no control of the actual money. Because it's text dot dollars, we don't have, I mean we're a partner with them, but the actual dollars and payments and management of the exact contract is all through text dot, right? So Russell can simply advise them on what we'd like to see and then at the end of the day, they're the ones managing the contract. But it's all of our dollars. We all pay to text dot, so I mean that's why I care that the city is not in control. understand. I don't have control of the money. I had asked for this to be brought forward just so that we could have some understanding about what is taking so long as the public. We had none of us that talked to it as a body here to see

[1:43:11] what's going on and explain it. In the lake was the biggest thing. I've had like three or four people that have come to me and wonder why we put that big old lake right there right beside where the dog parts were. So that's a good idea. And that was in the original plan to have that there. I think I'm not sure when the dog park came into this plan. Thank you. Donnie Russell, that was going to be my question. I think you just answered it. I had a phone call just yesterday from a gentleman wondering, when did the liquidated damages scenario come into play? They didn't understand that. Yeah, I don't have the exact day I'm on. Whatever you can add to that. Yeah, I mean, I don't have the exact day, but it was more or less in December because they did have some weather delays that were factored in and, you know, that's, a lot of that's still kind of in the up in the air, but I mean, it's more or less in December is when they started the liquidated damages. I don't know the specific day. Got it? I do perceive several phone calls. Wanting to know when is it going to be finished and with the mountains of dirt piled up and I've assured them that, you know, That's water runoff, storm water runoff. And when it ponds and likes up, you know, we can't get the big crackers in there to move dirt around. And they understand, they just want it finished. They're excited. Oh, yes. We're all very excited about it. It's going to be a neat project once it's completed. And they're doing a good job. It's just, you know, there's just some, you know, timing issues that have been a problem. I think, I have one quick comment. As the project, I'm more interested in the trails because I wasn't the big dog parks for. But were that trail, were the concrete trail meets Sherwood? Can you tell me about that?

[1:45:14] Right, it's somewhere in a business. This is Sherwood way up on this north side here. Is that where you're? Right, it literally meets the back of curb to Sherwood, right? That's correct. And so is the thought of that going at some point across, I mean, how does a pedestrian actually interface with that point of contact? Because it's far from, or it's so many feet from the actual intersection, the signalized intersection. Right, no, I think the overall master plan is to have a, you know, more or less a sidewalk that'll continue all the way around the San Angelo. And, you know, at some point, we'll continue on with that sidewalk and tie it in and make more of a continuous loop around the city. That's an overall plan. For a sidewalk system along Sherwood? Correct, or something to that effect, yes. I've had people ask me why it dead ends where it does. And I think we can agree that it's kind of a dead end and to no safe place. Right, it's just a busy area. Busy area, thank you. Even on the other end though, it's right beside the stripes. It's the same way over on the other end, right? But again, we talked about that before in the past that there is thoughts of taking it all the way around, both ways. Right, more or less just following the Royo, or there's a couple of different ideas floating out there. But the main idea is to have a circular park around the city. There's no phases. Additional phases. It's great. It is awesome. If you haven't gone out there, the public does need to go out there. It's really, really nice. When it's 100% complete, it's going to be something that we should be proud of as a city.

[1:47:20] public comment on this item before we move on. There is any public comment. This is your opportunity. Thank you Russell. Good report sir. Item D is an appeal by an appeal of a denial by the Planning Commission in regard to a conditional use to allow for alcoholic beverage sales for own premises consumption in the general commercial heavy commercial CGCH zoning district property located at 1218 Martin Luther King Drive and 225 with 13th Street. John James, you are on sir. Thank you. John James, Director of Planning and Development Services. As you mentioned, this is an appeal of a conditional use. As you know, conditional use requests go to the Planning Commission. That's normally the final stopping place, but whether it's approved or denied that the applicant or neighbors or anyone basically can appeal that decision of the Planning Commission to you all. You can see here on the map, the location, it's about a quarter acre on MLK at 13th Street. The future land use plan for this area is neighborhood center, which is a small-scale commercial designation, and it is zone general commercial and heavy commercial, and as you'll see, that plays a role in the recommendation, the heavy commercial nature of that area. This is the concept conceptual site plan. You can see here is the the bar itself. There's a courtyard and then another building that is not to be is not proposed to be used for the bar and then of course the parking lot in the back. You can see the streets labeled MLK here and 13th there. Here's a few pictures looking away from the site in all directions just to see a little bit of what's around that. Here is the the side itself. You can see the actual proposed bar. I should mention that that has been a bar in the past and again that played a role

[1:49:23] in the staff's recommendation. There is some on-street parking although we don't allow that to be counted for required parking. Required parking has to be off-street and you if you recall from the site plan the applicant is proposing a parking lot to the back that would accommodate all the required parking. And I know some of the comments and concerns in the past has been with parking stretching out into the neighborhood with the addition of the parking lot that would be less of a concern. We looked at all of the zoning ordinance approval criteria. We looked at minimizing impacts. One thing I'll mention is if this was being proposed for a bar and you had to give a yes or no answer simply I think staff's recommendation would have been for denial however our recommendation for approval is based on the conditions that we propose I think there are non-conditions and I'll get to those but we were more comfortable with addressing the negative impacts if those conditions are applied it is consistent with the zoning ordinance compatibility with surrounding area again it is in a heavy commercial zone area although there are residences fairly close and so that's a balance you'll have to weigh. I know that there, as you'll see, there is some opposition from the surrounding neighborhood. A natural environment, community need and development patterns, all we feel are accommodating of this type of use. We did send out, this is the original notifications as heard by the Planning Commission. 26 notifications were mailed out within 200 feet. We did get the response from the owner in favor as well as a petition with 17 signatures in favor and then two responses in opposition. Since that time we've received more letters both in favor and opposition and so we created this map to kind of show you the surrounding area. All of the green represents property owners who have responded in favor. The magenta color is

[1:51:29] Is all of those that responded in opposition and you can See there that there is a large number of responses, you know compared to normal cases like this We typically don't get this many responses. There were more in favor than in opposition, but as you note from your packet Some significant opposition and some reasons for that and that's largely the reason that the Planning Commission voted to deny this particular item was based on some of the concerns from the neighbors. So the what's before you is a conditional use request from the applicant to allow alcohol beverage sales for on-premise consumption in that particular zoning district. Staff did recommend approval to the Planning Commission we've maintained that same recommendation to you all again subject to those non conditions of approval. The Planning Commission did deny that so what's coming to you as an appeal from the applicant to basically a request to overturn that denial. The conditions of approval, we've recommended a screening fence between the bar and the parking lot and the adjacent neighborhood to provide some separation. Limiting outdoor noise, so no amplified music outdoors, so no speakers, and no even acoustic musical performances outdoors so all music and performances if that were to happen would be indoors. Also proposed limiting the hours of operation not to extend as late into the knot as it could otherwise under the TABC rules. And again this of an important distinction here is TABC rules say that you have to stop selling alcohol at a certain time either midnight and in some cases one or two to a clock, this would say that the bar would have to completely close it at those times. They couldn't remain open as some bars do, even after they've stopped selling alcohol. Outdoor lighting to be shielded to protect the surrounding neighbors. Outdoor storage would be limited

[1:53:31] and then comply with all other provisions of the zoning ordinance for, I'm sorry, for outdoor seating. They would have to get a building permit, replace the properties and no variances could be granted to any of the zoning requirements. So if you approve this with these conditions, the applicant couldn't come back later to the zoning board of adjustment to get variances for parking or screening or other types of items. With that, I'd be happy to answer any questions. I'll probably do you let's see this is in your district. First of all, I want to say I have like three pages of stuff to say, but I'm not going to say it all because I have people in the audience that have come to talk and who better than these people from that live in that residence to speak for themselves and tell us about it. Let's open it up for public comment and hear what the public has to say and then we'll talk amongst ourselves. Let's go ahead and open this up for public comment. Come to the front, need you to state your name, you got five minutes. Good morning Council and Mayor. My name is Lonnie Green, I am a pastor of the By Boy Ministries here in town, also an employee of Texas Department of Transportation. This is something that affects me directly because I live in some of the pictures. I live adjacent to where they're planning to build this bar at. I've been in this residence for 18 years, four children, 15-year-old, a 14-year-old, and my twins just turned 12. We enjoy the community more so now than we did before. This bar has been previously, when we moved here, there was a bar there, and we prayed and many things, and I believe through the grace of God

[1:55:31] as this bar and the bars on Martin Luther King, most of them on that area have closed down. We look at history so that we won't make the same mistakes over again, historically, people have been killed at that location, not once, not twice, but time and time again. There's been instance of stavings, and there's been all kinds of things that have happened at that location. While living here, while the bar was open, cars would come up and down the street continuously, and he talks about the music, not outdoor music, doesn't matter, people sit in their cars and they're gonna play their music, they're gonna drink their beverages, and they're gonna throw it, I own four lots there. Every Saturday morning, or even every morning, it was full of bottles from people just going by, dropping it, sleeping on my property, all kinds of different things that have happened at that location. I believe it's important for us to be really proactive. Proactive means that we can do something right now. This bar has been closed down for a while. It's hard to look back and be reactive, and we will be reactive trying to say sorry to a parent that has lost their son trying to say we're sorry for allowing this to happen when bullets don't have names on them. It's difficult for us to predict what's going to happen in the future and I don't believe they want to open this bar so that somebody will will die but that's the reality of this kind of facilities. Historically it's been like that and we know for a fact that it's going to continue to be this kind of clientele that frequent, that kind of bar. This is not fiddle strings. This is not an area where we have people enjoy coming. The people that are going to come to this bar is going to be people that have come before

[1:57:34] and who are familiar with this bar, where drugs were sold, and where alcohol and fights took place all the time. That area, as you know, a Baymont hotel has just been built right there. The area has been cleaned up. We're trying to improve the area. You're not going to have somebody go down to the movie theater and get out of the movie theater with their kids and come to a bar that's right up the street that doesn't make any sense. I'm asking you to really consider who it affects directly. I understand it might not affect you directly, but it affects our community. And it affects what we're trying to establish there in that location. I appreciate your time. I'm asking that you would consider not accepting this bar and location, primarily because the right thing is for us to move forward and not go backwards to what we know that will eventually happen at that location. Thank you very much. Thank you, Mr. Wain. Next, they have a piece pretty strong back there, isn't it, Jerry? Yeah, good. Good morning, Mayor, City Manager, The council, ladies and gentlemen, staff, it's good, it's really good to be here with me. But as far as this point here with this bar. You are Jerry C, aren't you? You are Jerry C. Oh, okay. I'm telling you, I'm forgetting a lot of things. Yeah. We got names. Go ahead, Jerry. My name is Jerry C. And before I forget, I'm the keeper of the keys at St. Paul Baptist Church. I'm not a preacher, but I'm a janitor and anything else slash. And also, I get a close-up view of what's happening with the bar across the street

[1:59:41] from us at St. Paul Baptist Church. The prior person that had the bar over there, we had a pretty good working relationship. I could go to him and tell him what our problems is or what we're having with the church or whatever. And he would correct him, that's all good. Okay, now you still have people that you're not going to be able to control anyway. I don't care what you do, you can have a policeman inside or a policeman outside, you're not going to be able to control them. And there has been a lot of crap left all around our church that I wouldn't mention here, you know, late night parties and whatever. And this doesn't go along with the theme of our church, you know. And one of the biggest problems we've had is with you, I don't know if you know or not anytime that there is a problem or fight or killing or stabbing, there's some type of reaction from somebody else. And we have kids over at that church just about any time that you can think of. There's kids there, parents bring their kids over there and they're outside. That's a danger to our neighborhood and our kids. And I'm not going to say any more about because I mean we just it's been plenty said but we asked you not to allow those bars back in that area again they they were there we've dealt with them long enough now as they kind of it did thing and move on we don't want them replaced again because see there's somebody that's here now that Mr. Bullet meant for somebody else but it's don't have names and they can travel a whole mile or two so we ask you please for the sake of our kids and our community please do not allow these bars back in their essay work okay we appreciate your time and thank you

[2:01:46] very much yes sir yes sir I received several phone calls about this I move We would deny the appeal. And I have to say that I happened to be there Wednesday, and this was on the agenda, and I drove the entire street. And I'd like to say that there were beer bottles and beer cans strung everywhere up and down the street, except right in front of St. Paul's Baptist Church, which happened to be a Wednesday. Church together is lots of traffic. I looked at the reasons that we can overrule, and it just doesn't, in my opinion, fit so I gladly second your recommendation. I have part of the public comment on this. Yes, ma'am. How are you doing? My name is Lisa Cassias, and I'm the owner of Lisa's Bar, and I wanted to make you guys aware that I'm going to have camera surveillance civilians in the back where I'm making a parking on the side of the street in the front and within the past years 30 plus there was no camera civilians there was no bouncers there was no no security at all so I just really want to make you guys aware that camera surveillance does decrease the amount activity of violence anything negative in the neighborhood so I mean I just want you guys to have y'all approval on that parking all I wanted I'm just asking them for parking in the back of Richards and it just came out to a bigger protesting one of you owned the property I'm sorry I don't own the property I'm just renting out the property okay is it open now I haven't I haven't opened it at all because of this

[2:03:46] zoning permit that I have to renew this unconditional use thank you my name is Charlotte Ruth and I am the property owner of the 1218 Martin Luther King and I would like to say that yes there have been problems in the past and the problems in the past have been dealt with more of the people who were running the facility at that time. I feel that Lisa would be a better manager for the facility. She has already taken steps to have cameras installed inside of the building. And the three of the murders that happened on that corner had nothing to do with the bar. I'd like to state that. I have seen since the bars on Martin Luther King have closed down that now there are groups of people gathering at private homes in the neighborhood and I'm talking not one or two people. I'm talking dozens of people who will congregate in somebody's front yard or side yard and they're drinking without supervision without any any regulation whereas in a bar situation they would be you know able to call to ABC and this and that if there are problem arises and as far as the bare bottles and stuff that are on the street now yes that happens and the bars that have been closed for several months in a couple of years are not the reason there's their bottles on the street now that's that are walking the neighborhood going to the little stores and drinking and disposing of their litter thank you thank you any further comment hello Freddy my name is Freddy

[2:06:01] Jones I live on the street there been there 43 years and the barn has been there for years but through the years it got progressively worse. I mean worse and worse. I mean okay the microphone pretty. I'm sorry about that kind of horse this morning, pardon me. But the bars been there for years it got progressively worse as time has gone on. We've had some tragic incidents happen there. There were two killings there at one time the same night. Two people killed right outside there. Another guy shot, he made it. Another unrelated shooting that killed a guy there shortly before the police closed about, I think, probably six months ago. This was unrelated to the bar shooting there. But this has been a deal where you come out the morning, you got beer bottles up down the street, busted. And that's because of bars there. You got beer cans and stuff there. You got But food from different businesses around there with people eating to get to eat this bowl of trash up, throw it at their doors or the windows of the car or whatever they're driving. And you get up the next morning, you got to go out, you're sweeping up glass bottles, keep cutting up a tire on the vehicle, you know, from driving over it. People driving by and they kind of smurk and laugh, you out there cleaning it up. No doubt they throwing it out there, you know, and it's, you know, it's trying to be sarcastic against what it is, you know. And it just goes on and on and on. What we're trying to do, these bars have been there for years. No one really wants to say very much because there's a lot of people that fear retaliation. You know, and that retaliation doesn't bother me one bit because if you don't address it, it'll only get worse and worse. Up and down, more loot the king drive. There's other areas there that you're kind of bad too, but we as people in the neighborhood been addressing it we've gone down and we talked to police chief about some

[2:08:03] things that's been going on he did beef up the patrol in the area somewhat but I understand police officers can't be everywhere at the same time and you know this deal is just going on and on and on but since that bar has been closed there's been no more vehicles that I know are broken into up there that's been people leaving the bars they're drunk and running the vehicles back off keep going you know that goes on and on okay now we got a baton in there that place is real nice and they're patrolling real frequent to make sure that the people that are going in checking in out of the hotel they're safe you know we got the new shopping center up there with the cinema theater went in and I understand we're trying to get, uh, it's going to be a senior citizen apartments about 29th and Bryant that's coming up. Well, these senior citizens don't want to be passing bodies type thing. And if they're walking or whatever, taking the chance of getting mugged or robbed or whatever, you know, and, and these things have occurred over that lately. We've had some unreported incidents to the police where people have been jacked up. You know, they've been robbed. It's never said anything. It's well, I don't want to make a big deal out of it because they're free enough being retaliated against you know but I I hope personally that the bar is just closed down and not open back up for that because it's an eyesore it's been a problem and it's been a problem for a long time since it's been gone like I said all these problems have problems that were going has diminished tremendously no but the moment it goes back the problems will come back because this goes on all night long people drinking up and down the street car flying down the street from Chapman tomorrow to King or vice versa more lose the King to Chapman you got side street there far street you have urban street there they

[2:10:05] totally just disregards those intersections at all and that's been a few accidents people are coming across and people flying up there to like say one of the King of Chapman hit cars spun them in the other people's yard knock them in the other cars that were sitting there. So it's just been an ongoing problem. But since it's been gone, no problem. You know, and we would hold and pray to the council that you're taking in strong consideration not to reopen this thing at the end, you know, for the benefit of the community, safe with these kids that are there, and for the other senior citizens that too get out and want, you know, sometimes morning and sometimes at night time. We just like to have, have it remain closed just for the better minute of the community. Thank you, Freddy. Further public comment on this? John, does this require a super majority vote since the Planning Commission is voted to down 6-0? It does not. So just four votes would. Yes, sir? Good morning, Mr. Mayor. Good morning, Council. I live down the street from the bar. And I just wanted to say that there has been a lot of problems there. And since that please state your name, sir. William Kyle. Yes, thank you. I just want to say that since the bar has been closed, we have not had any more problems, and things are livable around there now. Thank you. Thank you, Scott. Yes. Hey, your name, you got five, my friend. Hey, it's Mario Delo. I'm a longtime resident of 213 West 13th Street. I've since moved out. My mom still lives in the same house. It's frustrating to me to see somebody wanna open this bar back up for the mere fact that like it's been said before, history repeats itself. I've seen three dead bodies out there.

[2:12:08] I've got a four year old son that stays with my mom on the weekends. Her window faces the parking lot that she has wanted to turn into a parking lot. I just don't want to see my mother, my son, or anybody else's children getting affected by the things that could possibly happen at this bar. You can put up a fence, you can put security cameras. I want you to tell me when something does happen, how sorry you are, that this could have been prevented just by simply not opening the establishment. It waves heavy on me, my mother as well. She's getting up there in her age and she can't defend herself against somebody coming through her front door or a bullet coming through her window. coming through her window, you know, I just hope and pray that you guys consider not opening this establishment. Thank you. Thank you, sir. Further comments? Good morning. I'm Lynn Destrada and that was my baby there. Well, he pretty much did all the talking from me, but I got twins two that are two and a half on the weekends. They'll go over there. We try to barbecue. When the bar was there we used to have guys that would get into a fight. They'd run over there trying to tell somebody around there to call the cops. I had my car broken into twice while the bar was there. I had to pick up trash from the bar. I had drunks. I get up at 3.45 in the morning to get to work at 5. I've had drunks sitting on this curve there when I go to turn on my car. That's kind of scaring when I know none of my other neighbors are up at that time and I mean

[2:14:11] it really scares me to have my grandkids over there on the weekends when there's a lot of drunks around there that's pretty much I mean thank you miss Australia thank you for the comment I understand everybody's frustrations and understand what's happened in the past but should that really a place of business is based on management. And if somebody is running this place 30 plus years the same way for 30 30 years back. I mean, it does it shouldn't affect for somebody's going to run the business from now in the future. Right, I make that clear. Let's come back to the public comment before we close this down. Council already have any to start with you, right? John, what So we're denying the the conditional use change from the the zoning that's in there right now, right? That's right. Technically you're Stopping them from opening that we're stopping them from the new regulations that they have to do They had to put in new parking and they have to do things like that to know as a bar Had had the bar reopened within a short amount of time Then they could have reopened but it they exceeded The limit so now they need this to even open a bar at all That's what I want the public to understand on that once you go beyond a certain time frame of of a business being closed And you have to reapply to do those businesses especially with all cells It's been one year it's been over a year. Yeah, I think it had been about at least two years And Marty your your motion was to deny yes the bar And that was my second to support the planning commission's vote to deny and you know, there's nine restrictions on it

[2:16:15] I don't like that our follow-up as to if they're meant it just seems like goes away and nobody ever remembers what those restrictions were and it happens and I can give you cases later but It's so close to the Bryant and yes, it's this commercial area, but we have a buffer zone and I want it to maintain a neighborhood, then it goes right into a neighborhood, then you got commercial again. So there's a little pocket there that I want to support whatever we need to do to protect it for all who live there. Instead of opening something new to go back. Will it come in? This is an easy vote for me because if I lived on that street, if my mother lived back behind that, I'm going to deny it just for that simple reason. and history does repeat itself. I'm sorry that, you know, I feel like, I feel sorry for you on this, especially if you've invested money in this. But, you know, there's certain areas of town that you just probably shouldn't have bars in. And in the history of this area has been, and that's tragic. I just don't think that it should ever be a bargain ever. Ladies, but. I think this is a hard one. I mean, we, like you said, we understand that you want to do better. think my biggest problem with this is that it is allowed with the conditional use but the problem is this is an area that has been marked for revitalization for a long time and in a way we failed that we haven't done anything to help that happen with regard to land use. This area is in the the tiers and as has been pointed out there's a lot of new development there's been a lot of positive things going on there's been a lot of reinvestment but I don't think this designation of heavy commercial addresses that at all and so I think we're

[2:18:17] in a way we're kind of left with the contradiction but the I think I meant Mr. Green when we started talking about Northside redevelopment and Jerry C. Blackshire revitalization in the city has spent a lot of of money and time as has a lot of volunteers in bringing this area back and so I think to to reverse the decision of the Planning Commission would be going backwards. I'd also like to see us though try to do a small area land use plan at some point to try to support good positive things in this area and support the residents that have chosen to to live there and continue that to be their home in their family zones. I have any further comment before I call for the vote. Oh, I just want to say one thing, everybody said everything for me and I appreciate it. But I just wanted to thank the people that came in today to speak and it was, you know, y'all took off the day for work and stuff and I really appreciate it. And I don't think it wasn't hard for me because of the fact that when it comes down for safety, what we need to look at first, and that's what I think that we need to do, so I'm good for that. Mayor. Yes sir. Hey I just wanted to add to kind of did it what these guys said because you know my dad lives not too far away from there and I remember the last time that there was a shooting right down the street the first thing I thought was about my dad you know right away it's family and I mean I applaud the lady trying to open the business but then I see I hear and see Lonnie and his young family, and I wouldn't want to be in his shoes. I wouldn't want to be have that in front of me that I have to face. I understand the property owners are there trying to be an advocate for this business. There's got to be a time when we put a stop to things and not let them continue in the direction that's been headed. History is history that's fine, but again let's not repeat it. And

[2:20:20] And again, the young kids, I'm all about the children and the mom coming up here. I wouldn't want my mom living there and babysitting my kids and having to deal with, you know, with people out there that just don't have respect for the neighborhood anyway. So I applaud you guys coming out and I'm ready to vote. I have no further comment from the council. We've already closed public comment, so it's time to call for the vote. The motion has been made that we deny the bar being put back in this location. It has been seconded. All in favor of this, please say aye. Aye. Any opposed nay? Put a 7-0-1-1. Let's move on now to number E, which is presentation and discussion regarding improvements made to the city's development review process in 2015. Mr. James. Thank you again, John James, Director of Planning and Development Services. Just wanted to briefly update you on the development, some of the development improvements that have occurred over the past, basically the past year. As you recall in 2014, staff surveyed the best practices of the industry basically for planning and development and looked at what we were doing right and what we could improve upon. And we identified a number of issues that could be improved and have started the process of doing that. In addition, the following three roles were created in the department to help assist people through that process. The planning development administrator is a person, and you know that's AJ. She helps step people through the process, so she's kind of the main point of contact to help resolve issues for an applicant. We also added a couple of other positions. The Assistant Building was an elevation of a position. But that position is tasked partly with ensuring consistency through the building inspections process. And then the development services technician, I'll touch on that in a minute,

[2:22:20] but basically to ensure that we're getting complete applications from an applicant. I'm not going to read through all of these, but these are some of the sampling of the issues that we found of things that could be improved in our process. Customer service, items, the items in italics there, italics there are things that we've completed the others are things that are still in process but having a one-stop shop was a identified aspect of this where someone could come in with all of their plans and drop them off in one place not have to go to different departments go to engineering for one thing building inspections for another planning for another we have standardized a lot of our procedures one example we didn't have one fee schedule that had all the fees in one place. You had to look in a number of different places. That's just one example of simplifying forms and handouts and fee schedules and those sorts of things. The second bullet here is, I think, a critical one is that we don't queue a plan for review until it's complete. Now, on the one hand, that's a disadvantage to people who are coming in with incomplete plans because it's going to delay them. But what it does, it allows us to process much more quickly those plans for people who are coming in with a complete plan and you'll see that in just a minute in the numbers. We also started pre-application meetings. Some of that had been ongoing but we've, again, you'll see some numbers in a minute that show that people are taking advantage of those more. We're letting people come in and are encouraging them to come in and tell us what they want to do so we can say, okay, here's all the things you, here's the applications you're going to need here the different processes you're going to go through and that helps people understand the process from the outset and that way they're less likely to have problems as they move forward through that process. I mentioned the customer handouts that's been a big benefit having forms and handouts for people that tell them exactly what they're

[2:24:20] going to need to do to have a complete form to have a completeness review and a check throughout the whole process. We are in the process of reviewing all those documents. We're about 75% complete. We do have a quarterly management meeting with all of the folks involved in the development review process to see what's working, what's not working. We've standardized our comments so that when we're giving comments to an applicant or developer, those are standardized and a key point here is that they link directly to the section of the code where that requirement located, so if they want to go find out more information, that tells them exactly where to look. You do have a satisfaction survey, so some of the results you've got in your packet are the results of some of those surveys that have shown improvement from 2014 to 2015. Over 90% of the respondents said that staff were professional, responsive, and provided good answers and solutions, and 100% said that those pre-application meetings provided the new information, help explain their process, answer their questions adequately, and enable them to make decisions about their proposal, as well as staff being helpful and following up. Those numbers are all up from similar surveys from 2014, so I think it shows that we're moving in the right direction in terms of that. The existing best practices, I mentioned the single point of contact, concurrent application reviews. Oftentimes in many cities, if you have multiple steps to go through. You have to complete one before you start the next. So for example, you have to get your zoning approved before you can even apply for a plot or subdivision. Our concurrent review allows people to be going through those processes at the same time so that it shortens that review process and review time. Some of the things that we've done recently, more recently in 2015, weekly technical review meetings, we expanded that to

[2:26:24] include fire protection. That's basically where we get all the decision makers around the same table. So we're not passing documents around waiting for comments. Everybody from engineering, stormwater, fire, building, planning, or all sitting around the same table, looking at the same application. So that all of those comments, we're hearing what everybody else is saying, which helps avoid problems or identify problems earlier in the process. We are working on electronic permit tracking plan review. I'll talk a bit about that in just a second, but the software programs that we're looking for will assist in that review process. It will allow applicants to submit their information digitally. Don't have to print out, you know, 20 copies of a big sheets of paper. They can just submit that online. As I mentioned, people are taking advantage of the Development Review Committee and our consultations. Those are both up from 2014. As you saw in the survey, developers are thinking that's a helpful part of the process to start and get that contact early on in the process. If I was only going to show you one slide this would be it. This shows from the first half of 2015 to the second half you can see of complete applications which is the first section. The average review time has gone from 24 days down to 15 days. So we're reviewing those applications much more quickly. For the the revisions required that means somebody did not submit a completed application that provided all the information we needed. We had to tell them we need more information. So those take longer because we're waiting on information from the applicant to bring us back. But even those are down from 60 day review period to 35 days. So we're making progress in shortening those review times of those commercial plan reviews. And you'll see that it's about half and half about half the applications we get are fully complete. And as I said earlier those get pushed right into the review cycle and the benefit that we've

[2:28:25] seen is that the reviewers themselves aren't having to follow up with those applicants to say okay I need this you didn't give me this form or you didn't show this on your plan we've got that person at the front counter who's doing all that and it doesn't even get to the reviewer until it's a fully complete application and that lets those reviewers get through those much more quickly because they're not having to spend half their day tracking down information I kind of just explained most of this, if you were wondering the reason those numbers didn't add up to 100% is because of the applications some of those are withdrawn in the process. Some of the things that we're currently working on that have not been implemented is creating flow charts to help applicants understand how they step through different processes. As you know, you gave us some additional money in last year's budget for education and training of both board members and staff. certification of staff, that's something that we've been deemed for in reviews like with the ISO certification process some of our staff not having certifications. That's not a problem, it's not required but it's again in the as they look at our ISO rating having certified staff gets us a few extra points that helps in those things like fire ratings. Increasing collaboration, we're including external agencies like TechStod and others in the review process and we're creating a development handbook that puts all of those handouts frequently asked questions altogether on the website and then in paper form so that those are available to the public. As you know we're in the process of implementing a software system that will be implemented this year. It would include electronic plan review, case management, reporting as well as customer online inquiry. So a customer could log in and see where they are in the process without having to contact anyone. They can see that sitting at home on their computer,

[2:30:29] what's been reviewed, what hasn't been reviewed, and what their timeframes are. We're looking at the option of electronic payment so that some applications, people could just submit those digitally, pay online, and never have to walk in the door. And as part of this, We've looked at over 50 processes that we have, different process, whether it's from planning, engineering, building inspections, and all of those are being coded now into that software system. So that at some point it will all be electronic, and that's scheduled for later this year. You can see the timeline here. We plan to roll out that software internally, the springs of just in a few months, and that's for us to basically test the system, projects into the system ourselves, and run it through the electronic system, but we won't be asking applicants to do that yet until we know that the software is working properly. The public rollout, that's where we'll actually offer it to the public will be in December. It won't be required. You won't be required to submit digitally. You can still bring in paper copies, but we'll be moving towards a goal of having everything done digitally at some point after that December rollout. That's pretty much a quick overview. I know I provided a little more information in your packet, didn't include it all in the PowerPoint, but I'd be happy to answer any questions that you might not have. One question is your software update and planning, is that already in your budget for the 2016, or is that going to be an additional expense? No, in fact, most of that was in last year's budget and has already been paid for. The part that's not is already in this year's budget, so that is, we won't be coming back to you for more request, at least that we can proceed. I thank you, John. I ask that this be on the agenda because I think that there is and continues to remain some misunderstanding

[2:32:30] about the development process and what the city's desires are. At least, I think for those of us that serve on the council, we don't wanna see the integrity of any process compromise but we're also very pro-business, and the sooner you can get a project developed, the faster it's on the tax rolls, and the better it is for every citizen in our community. I'm particularly encouraged by the number of days that you've reduced the average review process, internal review process, that's excellent. Can you tell me if you know how you think we compare to other cities, because oftentimes, whether it's true or not, someone comes in and says, well, you know, it was a lot easier in Midland, okay. Well, I think Al will tell us, or you will, that everybody's using essentially the same international code with some exceptions. And I don't want St. Angelo to get a bad rap if we don't deserve it. And if we do deserve it, then we're gonna fix what our problem is. But do you have a sense of what those averages are for other cities? Do you think there's a way to compare that? We could. I haven't looked at the specific numbers. I would say with that improvement, we're getting close to being on par with our closest pier cities, Abilene, Midland, Lubbock and some of those. I feel pretty confident in saying we are much quicker than the Austin, San Antonio's, Dallas Fort Worth cities. Those as we compare West Texas cities across the board process these things much more quickly than the larger cities and anything, you know, I-35 and east. But I think there is room for improvement. I don't know the specific numbers. We can definitely look at that, but some of that is kind of apples to oranges because processes aren't always a one-to-one comparison with other cities. But I think we're at least in the ballpark, again,

[2:34:33] some room for improvement and can do better, but we're moving in the right direction for sure. If I'm a part of the next budget cycle, if I maintain my seat, I still want us to look at how many staff we have, because I think if we added someone else in there to help facilitate projects or make sure that the applicant has what they need or kind of troubleshooting as we've done, I think that's money well spent last year. We talked about it and we made some improvements, but I think that will always be a relevant addition to the budget. Where we are planning a strategic planning workshop and party setting session, we'll talk about it after meeting between March 7th and 11th. And at that point we'll discuss that as well. I know that one of the biggest priorities we had, the top five priorities we had was to improve development services. development services definitely hit them in the right direction. I'd love to see what those numbers will look like once it's digitized. I think we're going to see a great improvement still. But again as we move forward and we discuss that in strategic planning we definitely will address how we can even improve upon what we've done at this point. There's nothing that hurts me more than someone to tell me that it's easier to develop in another city or if they tell me that they're not getting what they need out of staff. And whenever I ask you for something y'all very responsive and I appreciate that. It's just that I think we would all appreciate being at a point where there was enough dialogue between staff and the applicant and enough information as you're preparing to make it that much easier. So again thank you. You've done a great job since you've been on the ground. For the comment? Council? Here if I could before you go. I just wanted to thank Council. We came to y'all not that long ago in the last year and and we had issues we needed to do to drive from the council with listen to that we got some staff added and helped us move it in

[2:36:38] the right direction we've got an incredible group over there I think most of you've met them you've seen their results they work with people they're willing to bend over backwards try and make sure we include everyone and do that I think you saw that in some of your presentations today so but we appreciate the support y'all gave us we couldn't have gotten there if y'all I'll have to listen and help this with those positions. So thank you. What are you goals, Don, for residential permits and commercial permits? What are you shooting for as a go? A turn-around? You know, at this point, I don't know that we have a specific, we're gonna do it in this number of days. I think it's to keep improving that. I think I do wanna look at some of the other cities to see how we compare just to have that as a piece of information. Again, at this point, it's really just to make those numbers I don't want to say we want to do it in 12 days and and then feel like we failed if it's a 13 day turnaround So I'm looking to make improvements and not necessarily hit a particular target at this point And then you own do I have public comment on this before we move on? Thank you F is consider approving a contract with my McCreary The SELCA, Bragg and Allen, LLC in VBA, around Rock, Texas, for collection purposes, and the amount of 20% of the collection balance and authorizing city management to negotiate and execute all related documents, Alison, should be. I had a constituent here that has left because he thought this might come after lunch, and so I don't know if Marlena- Well, it is 1157, why don't we just break the executive session, why don't we just break, we've got executive safety things we can talk about, and we'll come back and get you after lunch. Fair enough. Alright, let me read the closed session, executive session of the revision government code title 5 open government ethics subtitle A open government chapter 551 open meetings. Subchapter D exceptions requirements may be opened under the following sections, A section 55007118. Consoled with the turning of the government, the body seeks the advice of this turning about pinning or competent

[2:38:39] plated litigation regarding number one two thirteen seal coding program contract, number Number two, Marta Perverse Field Energy Systems, L-S-C-E-T-A-L. Number three, come to the construction incorporated, and number four, SAP Hospitality Incorporated, DBA Knights in. What do you think, boss? We're going to deal with all four of these today? No, we're going to deal with really just one of them, so we're looking at 30 to 45 minutes here. Okay, so if it is 12 o'clock now, can we be back by one? Let's shoot for one. We're going to shoot for 1245, but we're going to call it 1 o'clock, so we'll be back as as quickly as possible, it is $11.58. We are now in executive meeting for someone that wanted to speak to item F. So let's go ahead and move forward to item G. All right, council. Let's move forward to item G, which is an update. And to consider a resolution authorizing San Angelo Girl's Fast Pitch Association to utilize the Texas Bank Sports Complex for the West Texas All-Star Tournament, July 13th through 17 to 16 allowing the city of San Angelo staff to assist with Bill maintenance for the tournament. Ren Casey, you are on, sir. Thank you, sir. Good afternoon. So two weeks ago, when we talked to you, we assist SACFO with getting some sponsorship, which we did. We were able to. We have four companies that came aboard, sponsor them one of them per 2,000, the other three for 500 each. So it comes up to $3,500. That covers the $3,250 for field rental, plus gives them the extra $250 is where we are currently with that. I believe Mr. Owen has some other requests, but I want to let him come up and speak on that. Is it well? Yeah, Randy's here. Hello, Randy. My name is Randy Owen. I'm the, excuse me, president of San Diego Girl Fest, which associates it. I'm here today to talk, I appreciate what the city's done and everything that time is all given us. I appreciate raising some money for the girls. It's what it's all about as far as I'm concerned.

[2:40:42] Of course, there's a great economic deal, if we can bring this tournament here also, you don't try to feel some hotels, try to get some restaurants and some other things going. It's been kind of an ordeal, but it looks like maybe we can finally put this dog to rest. The only thing that we're kind of asking for is that we presented the first time is help with running the ice and help with running, you know, working the fields and everything to that degree. I understand that there was some discussion about volunteers or whatever. It's just better that we don't go that route because they're inexperienced and they don't know exactly what they're doing and it doesn't look very professional for us as far as bringing this tournament in for us and we want to come in here and be able to bring this tournament back in four years because we're still in the rotation. If we do not host this tournament then the executive board will take this from us and it won't come back to Snazlo we will be taken from the rotation so I'm just letting y'all know on that and I'm going down there Saturday to as a part of the executive board for SACPA and tell them you know what we're at and if we're gonna bring the tournament to Snazlo I'm going to move it to Minnesota and that's all I have, but I'm more than happy to answer some questions. What specifically do you want us to do you want from us? Well, we was looking at what we proposed the first time. You know, when we was here was, you know, for the fields, and they've raised the money for the fields. So that is a great asset. And we appreciate that very much. We're looking for somebody that we had to mark the fields, volunteer, I mean, from the city, and to run water and taste of that degree to take that burden. I think it was 20 hours of overtime. Is that what I read in my background? Can we do it? Any hours over time comes up to $2,100. Can you handle it?

[2:42:43] Get in her budget? Well, the better question is, do we do this for other tournaments? No, we don't do it for other tournaments. When the YouTube tournament comes in, they're responsible for paying. We do have our people market because we don't rely on volunteers to go out there and do it. But they pay the overtime for them to come out and do it. Oh, they pay for us, yes. OK. and they're bringing about 80 so our guys will be there anyways no matter what but they should be paying for it just like the other I believe that's cut down now to 10 hours five employees my understanding the less mistroin has some other employees running water trash and chalk 10 per hour 70 hours it's what it says in our I was told an email from sherry who was here at the last meeting she told me that they had that taken care of and the only thing they were worried about now is the field maintenance and cost of the fields. So that's what I understood coming into this. Unconfused. The cost of the fields. The field rental. Which is taking care of all from the sponsors. I can care. And so we're just looking at ice and chalk. Well, I understand is what they're looking for now is marking and taking care of the fields. Only that they were going to Goodfiller Air Force Base and other organizations such as Boy Scouts and things like that around town to get people to run the ice and do things like that. So the marking of the fields comes up to 10 hours or 20 hours, I'm sorry, and averages out depending on which people work $2,100. Subtract the $250 that we have from the people sponsoring because the field rentals are $32.50 that leaves in 1850. Now last time they were also asking for 10% of the concession stand. Is that off the table? I was like to come back to the question about marking the fields and running the ice. Okay, nothing has been done on that. There's no volunteers out there or nothing at this time.

[2:44:59] we're looking for somebody that has done it in the past and that is the people that out there in the parks department to run a good strong tournament and bring this tournament back and I have nothing against volunteers it's a great deal I do it myself I've been with these girls for 24 years but I need some experienced people that's what I need I need to pull off this tournament I can't bring 90 people I mean 90 teams in here and then make it look like you know it's a joke it's got to be run very professional. We're not asking for anybody from the city staff to run this tournament or nothing. That is responsible for the Snazville Girls Fast Picks Association. The only thing that we're asking for is a little bit of assistance with some manly hours to help mark those fields and use some of the guys that have done this before the past and do it now out there in the complex. Aren't you charging these teams to come in here and play? Yes sir. So there's income that you've got you are generating income. Yes, sir. But that we're still going to have to pay the umpires. We're still going to have to pay whatever labor that we have to have besides what if the city was to donate or anything. There's still a lot of other expenses in there to cover that. Umpires of rooms paying the umpires itself and things of that trophies, things of that degree. I mean, SACF is not asking for a handout, SACF is just asking for a handout, so we can bring this term to some action. Got it? I have a question on your financials. It shows field insurance, $15 per team. Field insurance, isn't that included in the rental of the field, Rick? I mean, is that, or is that something they have to provide separately? I mean, that's $1440, but is that included in the field rental? Field insurance. Not on paper. Do I have a clear picture? You're only asking for eighteen hundred dollars instead of three thousand two hundred and eighty seven

[2:47:10] Fifteen Yeah You can look at the resolution that's in your pocket. That's what you'll actually be approving and it's three five read one Twenty hours. That's approximately twenty one hundred dollars That you're finding a public purpose and making this donation of this group and that within 30 days they're going to provide a statement showing how many people attended those are the three things in the resolution that you'll be approving require I think again we're talking about something that we have tournaments there a lot correct correct and we don't do this big tournaments they came April and May and that's you trip neighboring the baseball teams so when they bring their tournaments they actually paid the overtime they paid the city for the over time. Yes sir thank you. Which we want the city doing and it sounds like he wants the city doing it also because they're professionals at doing doing that part of it but we don't we don't give this to anybody else so we're setting ourselves up for everybody comes in here now if I'm watching this I'm going to ask for this and I should get it if I this pat were to pass in front of this body. In my mind it's been two weeks and we came up for $3,500. And that's what I keep thinking is if you're talking $1,850, they should be able to get $1,850. And this tournament is in the summer time, isn't it? Yes, sir. I guess what you need now is a commitment. So if you don't raise it, someone else like the city is going to do the work. No way to look at Randy after y'all complete. You could present your financials. And it would show that if you made enough profit off the made of profit, it goes and pays that portion back this $1,800 and the rest of it is going into Girl Fast Bitch or however that works. That way it covers it. If y'all raised more sponsorships, the city commits up front, but we're gonna see the financials and-

[2:49:13] We need to talk at the microphone. I have no problems, I'm sure. I was just anticipating as they were discussing there's fees, and I realize you do have expenses associated trophies and so on that. But I think the goal would be to come out on the positive on y'all's end. would be a plus for y'all and so if that's the case which it very well may be then then it pays the city back first and then you see profit after. Yeah without that help from the city then there is no profit and there is no current. I mean we just financial can't do it. Your profit's eighteen hundred and fifty dollars you're doing all this for eighteen hundred fifty dollars basically is what you're saying. Well that's hard to say you know because depending on what type What type of income do you expect the teams to produce for the girls' fast-edge? What type of income do you expect to receive? They said that the tournament last year was somewhere in a neighborhood that was in Midland was 90 teams and that's basically I've never seen it under 90 teams so let's just use that for example and they said that they brought in $3,000 from but we have expenses also that we have to find a place to rent to host the open in ceremonies. We have to bring in a guest speaker. I mean, there's just numerous other expenses that we have to partake in and sack for us just not financially set up to do that. I worry about the precedence because we are, we are setting a precedence right now. It's going to follow us from now on. I mean, you might as well just take it off that we provide free free services for every tournament comes in because that's what we've said here. Well, Mary, not necessarily. I mean, you still have to look at and we again we go back to talking about economic impact about 1.6 million dollars this this will be a topic really that we need to discuss is there some type of incentive that the city is willing to pay in the future based on

[2:51:15] the the economic impact of projected income economic impact I would hate to lose a tournament to be honest with you especially we're talking about a couple thousand dollars I know that we if we don't have a system set up at this point that allows us to cover some type of incentive to get these type of tournaments here, then we need to take a serious look at that. Make sure that perhaps we do budget some type of monies for that. Mike, in addition, Mayor, you asked the question about what was the expectation. The attachment here shows what I believe to be a net profit of $3,287, the extent that that includes all costs and a reasonable expectation for revenue. There is a small profit built into that. In addition, we were wondering if the CBB I had was participating at this point in this at all. They talked to the chamber or the CVB about supporting this. I know in the past they've talked about being advocates for these kind of tournaments. I think I asked that last time about what incentive dollars they had based on the, you know, the- Show us this morning they only gave 900 to a sporting thing this morning and they had some extra. But you look at what they presented to us this morning and you look at the economic impact of some of these, I mean, these, what they're projecting as far as economic impact, far surpasses some of the months that they've presented to us. You know, so if definitely of course, I mean right now there's monies that do go to CBB that perhaps could be used to fund this deal here too. So I think Rick's idea about a contingent support mechanism based on, you know, we might commit to support 2100 up to 2100 based on certain criteria is probably a good idea, but I think the observation that in two weeks, $3,000 and some odd dollars were raised, is a good observation also that there's hope to make this thing good if we commit on a contingent basis if they look, you know, to protect them up to $2,100

[2:53:16] so that they don't lose money. Also, one of the things I think we don't wanna lose sight of is I think one of the council members asked for complete financials from the organization last time or suggested that that would be appropriate and we probably wanna work that in one of the requirements for the city's participation is, you know, a balance sheet and income statement so we can see the overall can help of the financial health of the organization. No, this is a tiny amount of money based on what we generally see in a request or budget amendment or whatever. I mean, this is something you could do yourself without our involvement. it's probably something you can find in your budget if you all believe in it this much you know what we're worried about is replicating this for every other tournament that comes into town after we said we're not going to I mean I would say to staff what's your support of this I think we've got to make it to us in the CVB we have a mechanism and I just don't know if this has been to the CVB What I came to counsel 12 years ago to ask them for to pledge bring the fields up to condition. We needed some running waters and fountains and so forth to get the ASA tournament. What I did was a complete work up on the number of teams multiplied by the number of people in each team plus one and a half people on top of that to multiply what the Per diem was at the county, excuse me, that the chamber said was per person, per day, economic impact. And 12 years ago is a million, seven hundred and eighty something thousand dollars for three days. Now that's a huge economic impact. That's what I was asking SAGPA to do to bring it back to show the council. What is the result of holding this tournament? This tournament brings four to five states travel for those fast pitch tournaments.

[2:55:21] It is fascinating to watch those young girls from ages nine years old up to 13 is what plays I believe in this tournament. And people from Oklahoma, Kansas teams, Louisiana, New Mexico, Colorado, come down here and stay. And the huge problem back then is we didn't have enough hotel rooms. now we do. And we had to get our hotel rooms in big lake in Sonora. That's the economic impact, but I still am hung up on giving away our fields and stuff like that. We do set a precedence for other teams. We can't do that. That facility was built to host. We're not wanting to make money. It's not about our making money, but we can't go in the red because we will end up with fields like we had out on 29th Street. We will not have money for maintenance. That's what we're trying to say here is we can't set that kind of precedence for all future tournaments afters because there's the boys and there's the mixed teams and the general stuff. but I don't have a clear picture or presentation in front of us of where we could get those dollars where they could be funded from to make it at least balance out zero. Am I wrong? I don't have the luxury of this being me working on it and presenting it with all the constant figures. I could go back and pull out the old one if I could find what box it was back then but that's what I was asking to see in the presentation and to see our financial staff to see some financials your tax returns knowing that what we're looking at everything is according to oil. This looks like something that exists especially built for the hotel tax it's put heads and beds. So why are we not talking to the

[2:57:23] hot tax people to see if they will support this or the convention district We you hold I mean the hot taxes we hold that so that you have the ability to allocate funding out of that for specific projects. That's what hot taxes force put heads and beds and that's what we do. The money also comes out of that area so I agree they need to talk to the CBB and that's why I was saying there are numerous opportunities if we're talking eighteen hundred dollars or whatever it is you know if they're going to make three thousand ours comes right out of the top off of that. They need to talk to the CVB. In the meantime, I mean, we're exposed to that $1,800, but I think that at the end of the day, it looks very reasonable that they should be able to do that. I don't have a problem of making a motion to approve, provided they obtain the CVT. Anyway, the $1,800 that they're lacking. And that's what that incentive should come from, maybe. And that's, I mean, that is what the money is for is to fight heads and beds that in that way we are not subsidizing any for any future tournaments. I'll make that motion. And while you're making that motion will you put the caveat in it that if they come up with the extra money? It goes back to yes yes I want to just clarify why it's here before you in the first place. The Texas Constitution doesn't allow the city to donate funds or goods or personnel to private entity without your approval. To do that you have to find a public purpose. So in this case because of the you know the people coming into the city that's the public purpose here where that wouldn't necessarily be the case every time somebody wants to reach the field. So it could still be an independent determination each time there's a request and you wouldn't have to feel compelled to always say yes it would really depend on what was the proposal that I was expecting to come back to this is to where this money could be allocated from other than the city donated because we can't set that precedent so that is my motion with the

[2:59:25] caveat. I don't know if I would say with it from the CVB because I still believe that they can raise or any other yeah that or okay or any other organization that is the $150 I mean what we're saying is the city will guarantee the money so that you can get your tournament but you need to find some way to pay the city back for that so that we're not left with it. So that we don't have to deal with this every time somebody wants to rent that field. What do you do with the CVG money? What do you do with hotel money? Or whether you go out and sell sponsorships? I understand what you're saying. Yeah. I don't see what I'm speaking for Saq that shouldn't be any problem paying the city back. I mean, that's that shouldn't be any issue. I mean, that's just, you know, working with y'all the city of Snazlo is working with with Saq. So if I can't say for work to make this a joint deal, you know, as to where, you know, we help each other. I don't know. And do that and support it all the way and just get Carl. I mean, you know, we put him on the hook for $2,000 and he found it. Yeah, somebody's seconder motion. Yeah. Elizabeth did. 30 minutes ago. Elizabeth seconded. So we do have a motion. I want to remember though, this four years from now, when this comes back here, and of course I won't be here, but this, if we don't get paid back on this, you know, we eat it. I think so. I think if somebody puts effort into it, then we will get paid back. Well, let's put it on Carl's shoulders. And we won't do it again. I mean, that's what I want to hear. There won't be another chance here, Randy. I had that question. Is this a tournament that, I mean, y'all have hosted it. It seems like it may be becoming a burden or something. Is it is it common that maybe the cities host these tournaments instead of the fast-pitched associations? we discussed that last time and that goes back to the executive board and Freddie Ezell and Scott that came to the meeting, excuse me before, that we're not in to

[3:01:25] helping the city of St. Angelo. We're not in to helping SACPA because this is a fundraiser for us to continue to have where we don't go up on our rates and everything for these girls. It's all about the girls. But what you just said, of course, you're not making any money off it. Yeah, I mean, so I'm just trying to make sure the tournament is here for y'all in the future, but that it doesn't fall by the wayside because y'all aren't able to. The city of Midland, the city of Odessa, do sponsor the tournament. It's not put on the clubs, but they commit that in their budget and it comes out of their recreation. I do know of those two. Of course, those two cities compete with one another, always try to outdo the other one because they're sister cities. So it makes it hard on the rest of the cities that participate in the rotation, there's four in the rotation. I have now. I have now. I have now. Amarillo is joined. Yes, ma'am. It's a great event for the city, but we just got to watch that we don't give away any cost and it may be something that we want to discuss to put in our recreation division and they can And still have their fundraisers associated with it, but it's controlled through the recreation department. The issue is that we don't have the money to host the tournament. You're going to make a little bit of money or we wouldn't be doing it. I mean, I'm not going to go out there for Wednesday through Sunday or whatever, you know, and expect all these other volunteers to do it for nothing. There has to be some money made in the tournament. That's the reason we're having the tournament. money goes back into SACFA and then whatever money say that they made $2,500 off of it or whatever then the $1,800 comes back off the top of it back to the city of San Angelo. First I'm providing the financial financials you see where that money goes whether it's in scholarships for girls who can't afford registration fees throughout the years or to help with new bases or uniforms that's where the money goes. That's correct. You clarify the motion are you saying that you

[3:03:28] are moving to approve this resolution in lieu of them obtaining other funding over the next couple of weeks. I provided they find whether it be from hot tax or other sources the chamber sports fund which they have to get the money to pay for it to reimburse yes that are I with you yes sir yes sir I mean we're not out to to take advantage of anybody we're just trying to to, we need to turn it. We want the tournament. We don't want the tournament. Let's get on to set a precedent. Let's get the tournament and take care. Bren is our way in the future when we do the rental of the fields that we couldn't just put in the manpower into the price of it also. I want the manpower. That'd be hard. That'd be difficult. Everyone's different. Look at it and see if we can come up with something else, but they agree with them, it'd be pretty difficult to come up with. I'm just trying to solve the problem. It sounds like our people mostly do these tournaments, they just get paid on this, get paid second deal. You pay two things, you pay for the field, you pay for the manpower, arm it. When someone brings a huge tournament in like this, such as you triple it say, when they bring their tournament, that's how it works. I think the motion will take care of it. I think my concern with the motion is, if they don't come up with the money, the city's still gonna be paying. Yes, yes. Okay. We can rework the motion. Yeah, we're. Yes. Okay. We want to clarify. That's the risk we're taking for the benefit of economic impact. We will modify the written motion before it's signed to incorporate that as well as to require them to provide financials to you to show. And pay us back so that we don't have to deal with this next month when the little league wants to come to town. I do have a motion to approve with the caveat

[3:05:29] that they pay us back with the funds that they have or to find sponsors or to get hotel tax or to get the chamber funds to find some funds to pay us back that we will go up to $1,850 or do you want to go up to the whole 2,200? No, $1,250. $1,850, we will guarantee that amount so that we can put our tournament on. What we expect with funds for you to come up with the funds somewhere to pay us back so that we don't get stuck in this bind again Is that a good motion? Yes, and I want to just remind the association that we do need those tax returns those financials to support what we're doing. Michael, a confirmation from the CBB that they have not been approached, but they're welcome to send them to Randy. There's you answer right there, Randy. Is that all right, Ms. James? Any further comment from the council? Do I have public comment on this item? Then I'm going to call for the vote. All in favor please say aye. Aye. Opposed nay. Put a 6-0 on it. You're in business buddy. Make them work. Are we ready? Yes sir. Number F is consider approving a contract with McCreary, Volsoka, Bragg, and Allen, LLC. A round-rock Texas for collecting purposes in the amount of 20% of the collection balance authorizing city managed to negotiate and execute all related documents. Mr. B, you are on them. Yes, hello. I'm Allison Struby, the Assistant Director of Water Utilities. Today I'm bringing before y'all to consider approving a contract with, I'm just going to say, in BBA for short. I want to start with going through our current collection process. When we send out a utility statement, that customer has 28 days to make that payment. This payment is not made. A door hanger is placed on their residence, requiring them to come in within 24 hours. We still do not receive payment. Turn the order off. Another three or five days go by and still no payment is received.

[3:07:31] The account is sent to billing and receipts and that customer is issued a final bill. As the 28 days go by again, still no payment. where service manager sends out the first collection letter to that delinquent customer. The following month, still receiving no payment, municipal court sends their first letter for collection. And then the following month, the second notice is sent. So they received three collection notifications showing what they owe. After these final notices from municipal court, these accounts go unpaid for long periods of time. And we have no other resources to collect on these accounts. So what we're looking at on a fiscal year basis is we're accruing $600,000 plus in collections. And the payments we're receiving going through our current process is what you see on the right-hand side of around $200,000. So as you can see, we're accruing more annually. And so as the fiscal years go on, this is what we're accruing total. So in fiscal year 13, we had over $1.8 million in collections, and that has grown closing in fiscal year 15 to 2.7. We did just run the report for the close of January 2016. We were at $3.3 million in 10,700 plus delinquent customers. So why are we choosing NVBA over other collection agencies? as part of our research we found that NVBA has the lowest collection fee of 20% and that is for whether they receive payment from a customer that's a year in collections or two years in collections or 60 days out from their bill it's 20% no matter what so it's an 80% return to the city they're a governmental debt collection agency only and the other by

[3:09:39] by entering into this contract, NVBA offers a mechanism to pursue the higher unpaid balances through the court system when their standard collection processes don't work. And they have that legal staff within their organization. So it's a one-stop shop, shall we say. The other collection agencies we spoke to ranged anywhere from 25% all the way, some quoted at 40%. So it ultimately, that's a less return to the city. And most of those didn't have legal counsel on staff, but they offered that option, but they would outsource it. Some additional benefits are we already have, we know of an established working relationship, municipal court uses NVBA, and they have for over 10 years. They recover approximately $350,000 annually for municipal court. And the contract we're proposing today is a two year initial contract with options to extend on an annual basis thereafter agreeable upon both parties. And the last bullet point about no additional cost to the city, we do not have to pay up front to get them started on these collections. We simply send them our collection statement and whatever they start collecting is what they'll be paid, that they're 20%. So, with that, we recommend approval within the UBA, once again with over $3 million in collections. We're basically unable to keep up with the growing amount, and municipal court has a good track record utilizing this company. So. Question? Yes, two questions. If you could back up to the amount outstanding collections that you had up there, right there. I wanted to ask if in those amounts does that include a light fee or is that strictly the water dollar amount? This includes their total bill which would include a leafy.

[3:11:41] Okay, that would be the 900 and I did it on the little calculator that said, told me how much. It was about $229,075 of that was light fee, the rest of it is water. question. In your summer you said collections for a municipal court. Don't want to take any money away from the judge or anything like that. He's got to make money in his department to make it float. But where does that money come or go to when it's received? Does it go back into the water account? Or does it stay in earnings at the municipal court? I'll make sure that I state this correctly. But when municipal court does perform the work for us with the last two letters we are water utility departments paying for postage and paper envelopes that type of resources but whatever money is collected is returned to the water department. You don't keep any of the money in fact we don't collect it we and our letters and our efforts that we go out we direct them to the water department they actually take the money itself we just facilitate getting to it was just wanted to make sure that it goes back into the water fence. We don't get paid anything for doing it or anything. That's because you're with the city. I'm sorry we don't get paid for services. Okay. So you would take when would you send them to the collection after that first 28 days or the next 28 days or after this court is done there? What we're thinking right now is after we would still issue the collection letter that comes from our customer service department. So there is that one additional letter being sent out made every effort so that we receive a full 100% before we would send it on to MVBA but rather than sending it basically with the municipal court we would send it with MVBA. Well, you would keep it in-house for 60 days and then you would send it to MBA instead of sending it to Gilbert. Essentially, yes. Move to approve this presenting. They would collect 20% their commission would be 20% on any bill that

[3:13:47] they collected whether it be from 60 days old or five years of same percentage. And you you'll stand up for them. Judge. We've had them for 10 years. I've had two other collection agencies in my 40 years plus with the city. The wind's blowing outside and there was somebody's painting gray out there. I noticed it got in my hair. But a little bit of just a little bit of stuff. Yes, and you know, they've done us a terrific job. They, we've never had an issue with them that has not been resolved. I looked up the other day and they had collected warrants on our collective monies on the warrant from 1982. And they do that all the time. They have, I can't give you the number of people, but they probably have 20 to 30 people just in their collection department there that does the tracing. We can't do it. We don't have the equipment in our office. We go as far as we possibly can go And then they take it to a whole nother level because they have the number of people to do it to make the calls to trace Skip them to do all these things that that gets done. And so they do us a great job We have no issue whatsoever and it is a Texas based company. Yes, it's not overseas calling No, they do it right there. I believe it's in round rock Okay, I do have a motion to approve did I have a second? Okay, we do have a move to approve this as it has been presented. I do have a second from Lucy. Any other comments from council before we move forward? I had a constituent you may know that said that their company in San Angelo provides this exact same service. Did you speak to performance or did you put out a request for qualifications, We did not put out an RFP for this for the local government code, the chapter 252, we are exempt

[3:15:52] from this professional services exempt from the procurement process. We did not speak with performance. We did speak with one local entity. We weren't aware of performance collection. I don't have anything negative to say about a company that municipal court has used for ten years very successfully. I just think it's a shame that even though we have the right to not go out for bids that we're maybe not using what is here in local, if in fact they can provide the exact same service. And I think you feel that in whatever, if VBA has a kind of a turn key operation and that's I think going to be most efficient for us, but again I can't explain to the constituent why we didn't look at a local company. did I mean you did look at local companies you called other services so the companies provide this service as well is that correct yes but you weren't aware of this one yes we weren't aware of this one I will open it up for public comment on this someone like to approach if there is no public comment we'll call it to a close and I will call for the vote the motion has been made we accept as presented with the second all in favor please say aye aye opposed nay let's put a All right. Let's move on now to eight. Do y'all want to go to eight? Do you want to pick up this reuse while we've got the people out here? What do you want to do? You want to go ahead? I haven't shouldn't take but a minute. Should it market your age? Let's go to age. First public hearing introduction in order to amending the 215 to 16 budget for capital projects, marketing, marketing check with you. Good afternoon. Thank y'all. What I have before you is a budget amendment which is one item on it. This is related to your consent agenda item approving the development corporations. operations support of the Performing Arts Center. So we're gonna increase the Development Corporation

[3:17:54] fund expense by one and a half million dollars. We're also asking to increase the city's general fund, general capital projects fund by that same one and a half million dollars and then we'll, that's net revenue neutral to the city. So one and a half million dollars expense from the Development Corporation and then the same in revenue and expense to the city. I want to vote to approve. Motion to approve. I need a second. Second. Do I have any comments from Council? Public comment on this item? We'll get all items that we've priorly brought before Council that were approved. So this is just a follow-up or mallet. This is just doing the paperwork. Yes, sir. I have no further public comment. No Council comment. I'm going to ask for the vote. All in favor. I'll accept it. Seconded. Yes. It has been approved and seconded, all in favor please say aye. Aye. Opposed nay. Put a 5-0 on it. Thank you, ma'am. We are now at number eight, which is the first public hearing, an introduction that ordered some meaning. No, that's the one we just got through with. Aye. Consider approval to negotiate a contract with Allen Plummer Associates, Incorporated, and N-Protag Hibbs, Incorporated for direct potable reuse project. Mr. Riley, you have the floor, sir. Thank you, Mayor. Council, good to see you this afternoon. I'm going to be in with you all day. It has been fun. It has been fun, hasn't it? You're funny. And Dixon's still awake. Are you sure? So the process of searching and developing water supplies across this state and country has been an ongoing process for a long time for just about every municipality in the state and country. In recent years that focus though is turned to more drought

[3:20:00] resistant type supplies and we continue here in San Angelo to pursue that very mission. The Hickory Project of course was a one of those projects that was a drought resistant project to to bring groundwater into San Angelo. And as we know, that project, while it's a great project, does not meet all of San Angelo's water supply needs. So therefore, there's additional supplies that will need to be developed from the future and continue to look for more drought resistant supplies. There are several alternatives. There are several water supply options that the city has been looking at and been exploring for some time will continue into the future for water supply not only today but for tomorrow as well so but today I want to talk and I'll talk about some of those but I want to talk specifically about the reuse project initially but before I do that I want to kind of share with you some reality I guess of where we are in our water supply today and what's what we're seeing in this you've seen some of these before as we've talked about this project and other water supply issues just kind of understanding what we have here in West Texas and we are right in Tom Green County right on the split the line of annual rainfall about 18 to 22 inches in fact our annual rainfall averages around 22 inches. So, we have seen some good rain in 2015, this is a 20 year graph of the average rainfall which you can see is about the 22 inch range with our annual rainfall laid over that in the blue line. In 2011 it was pretty dry and in 2014 we were under our average rainfall, but in 2015

[3:22:04] received almost 27 inches of rain here. It's about five inches over our average, so that was very good. And the 2016 promises to be good as well, however, it hasn't started out quite that way. But the question begs is the drought over. And the answer to that is yes, drought's over, according to the state of Texas. There's only a couple of places out in the Rio Grande Valley where we're still are in a drought. Before you get too far down, last night, we had a power pole blown down out at the airport, and that grass out there on that area is so dry that it's sparked and started a fire right away. So just to emphasize that we are dry and continue to be dry, we had a little fire issue out at the airport last night, just from a power pole spark, sorry. Sorry. It's all right, but I'm going to say couldn't have the droughts over but I think the drought is mostly it's a it's a measurement of soil moisture and so it doesn't it's not necessarily a measurement of the amount of rain or any any runoff and so what we see is we have this area I'll probably mess this up right in here, where we still have lakes that are not have a lot of water, even though across the state of Texas, the reservoirs are about 86% full. This number is being lowered by the reservoirs that we rely on here. Just to talk about that a little bit, again, you've seen these graphs, but I just want to about them a little bit in detail. As you can see, this is the Ivy Reservoir, the reservoir that we rely mostly on for our water supply. It is owned and controlled by the Colorado River Municipal Water District. It has been in a decline for some time. After the lake was built, it filled up, but it has

[3:24:10] been virtually in decline since that time and is currently at about 12 and a half percent capacity. That's about 69,000 acre feet, just under 70,000 acre feet of capacity in that lake. and it is, of course, continuing to drop. An interesting picture here, and I think this tells a pretty good story. If you look at the vertical blue bars on this graph, that's the annual rainfall, and I've overlaid that the water levels in Ivy. And if you look towards the 2010 beyond, maybe 2009 beyond, again, there was 2011 where the precipitation levels were very low, low, but for the rest of that time, the numbers are pretty good. In fact, as an average, more than what any other five or six year period during that 20 year time frame there. But since 2008, the levels have continued to drop. This is a regional rainfall, so it just kind of proves the point I think how vulnerable the lakes are the reservoirs are in West Texas. Just kind of looking at some of the other ones twin buttes and can see the water historical water levels and twin buttes and where they are today this is the North pool and it's a little over 5% capacity. Fisher is has picked up some water it's been low for a long time but it's actually picked up some water this year and it's about 18,000 acre feet currently again it's dropping as well as we see the the evaporation and in And Spence. Spence is a fairly large lake, as is Ivy, and it's also one of the reservoirs that we have contracted amount of water from, 3,000 acre feet, from CRMWD. But Spence has been virtually unavailable to us for some time, just the water levels are so low, it's not to our intake. And so, and we'll talk a little bit more about Spence here in a little bit.

[3:26:14] to show you what we do have available in water supply. We have 15,000 acre feet contracted out of ivy. 3,000 acre feet contracted out of Spence. Fisher, we have 78,000 acre feet contracted at UCRA. And then, of course, we have water rights and twin views, about 27,000 twin views in Asworthy River, almost 28,000 acre feet for a total of 124,000 acre feet. There's an interesting note about this, So you see at the bottom of this, with the drought conditions, the firm yield of IV has been dropped from the 15,000 acre feet of what we actually had contracted for. The firm yield is now 5,000 acre feet. The firm yield of a reservoir is what you could expect to have available from that reservoir during an extreme drought. So the times that you need it, and drought conditions like that, it's what you could expect you could take out of it. where we had 15,000 in IV, the firm yield has now been reduced to 5,000. What's really telling here is if you look at the total firm yield of our water supply contracted in rights, it's only 6,173 feet. But that basically says that spans, I'm sorry, that yeah, well, spans Fisher and Twin Buttes have a firm yield of almost nothing. And that says a result of what has happened to them over time in the past few years in the drought conditions. Other things I want to share with you is our current water demands. This is looking from 2010 with precipitation again in the blue grass and what our water usage, water demands have done during that, each one of these rain events, 2011, obviously, you can see that our usage was up during that very dry time period. And again, in 2014, we had, as you know,

[3:28:14] what happened here and how dry it was and what the May range, what they did for us, but the people also, as we've discussed in the past, have embraced conservation and have maintained that. And if it can continue to look here, we see a very little increase from 2015 over 2014. Now, I think it's important to notice this, though, that there was an increase and we had a considerably more range. So it's something that we need to continue to watch. And as we don't want to see those levels begin to climb, we want to make sure that our conservation plan, drug contingency plans are appropriate for being able to address those issues to make sure that we are managing the conservation. Again, just to show us the comparison of 2014s and 2015s, as you can see that the, except for August and September, They run pretty close together. And again, I think that's a tribute to the people of St. Angelo that have embraced conservation and have continued to use water wisely. This is a very interesting slide to me. The total, looking at the state average of the per capita usage, daily per capita usage, is 167 gallons. That's for the total system demands. But for what residential only is 85 gallons. You can see what St. Angelo is. It's 95 for the total system and 65 residential. The thing that I think is important about that is that from a conservation perspective there's not a lot more of that the residences can do in St. Angelo. Most of the additional conservation I think that we'll see be working with maybe the school district, the hospitals and other commercial activities for low flow toilets and those kind of things to continue to keep water usage low. But again the residents of St. Angelo have embraced conservation and continue to do so and I think that speaks very much volumes for this community. This is probably the most important slide that we're going to talk about and this is our current supplies and where we are will be in the next few

[3:30:17] months. I will be according to CRNWD with the levels that IV is and the usage of IV in January, and I think they moved to February of 2016. We'll no longer have IV water available to us. That's 12 months from today. We're 17, sorry, January 2017. So at that point, we would be on having to utilize other resources like Fisher, the Hickory. And at that point, we would have about a year's worth of 12, 13 months worth of supply from there. Now, understand that while we're using water out of biby, fisher is evaporating. While we're using water out of fisher, twin buttes, and that's where they're evaporating. So you're losing quite a bit of supply during that time. So bottom line is, by July of 2018, without any inflow into these lakes or significant inflow, we won't have any water from those supplies. So it's been that way for a while. We've had enough inflow that we've kind of maintained a little bit, but they are dropping. And I think something that we have to be very cognizant of. And from my perspective, and looking at water supply and making sure that we have water, I have to assume that we're not gonna have any inflow so that these numbers are, in fact, when we would not have water supply. I want to say I want to point. Charlotte had a quick just back with the flow. We probably don't know why but I watched informational different state just a couple weeks ago on television with reference to runoff and East Texas and portions of South was experiencing more runoff than our area central and West Texas and they didn't know the reasons because the rainfall amounts were up the is that generally runoff is very much

[3:32:21] related to the soil moisture, if you have the water in the soils, then then you get more runoff. If the water, like a sponge, is having to soak up water before it begins to run or as it runs, then you don't want to run off. Okay. And the other thing is the amounts, we haven't had OHI that long. I remember when it was being built and when it was empty. Where did we get our source of water before I be. Anybody know? That's correct. Oh, that's been tasted so horrible. Okay. Oh, back to the hickory and what it will provide for us. And just to show this graph is just representative of what would happen if we do run out of supplies in the reservoirs and had to rely strictly on the hickory. And that's the green bars. The red bar is what our projected demand is and obviously if that was the case that would not we would not be using near that much water but that is what our projected demand is and it's very we just for purposes of looking at this I try to be very conservative on that is that and not to show anywhere near what was in the state water plan what was proposed even five years ago of what the demands for this community would be and that takes into consideration again the conservation efforts at this communities may. But I want to just point out to you that if we did have the the reuse project is this is what would happen if we were only had the hickory and the reuse water is we basically could meet our daily demands. Again there would have to be some conservation issues but we would be able to meet those. And then fortunately we will have water in some of the reservoirs so if that water is available to us, we would have, with all sources, obviously we'd have quite a bit more water

[3:34:22] available to us than what the demands would, daily demands would be. But if we were to have to use, and we've talked about this in the past, that we have what our allocation from the Hickory is, and what we're allowed to use, and what we're allowed to bank water. We currently have just under 40,000 acre feet banked in the Hickory. If we had to start using the hickory today at our maximum production, we would use that bank water pretty quickly. And so that's something that we hope that we do not have to do. So if we were to, if we had all of these resources and we were able to reduce the hickory back to our allocation, then we would be able to start banking hickory again. And as for a short period of time, we would have to use the bank water, but then we'd be able to bank it back up to almost 50,000 acre feet. Prior to 2026, which is when, after 2026, we can no longer bank water. Just to kind of talk about the time frame of developing a reuse project and looking at that in light of what our water supply situation is. A conventional process, which you had designed bid construction, would have water online in April 2019. that is after several months after the reject with no inflow that we would run out of our surface water supplies. One way to alleviate that somewhat is to use different construction methods, delivery methods. Construction matter risk is one that allows you to do the design process while construction is ongoing and you could actually, we could back that up to November 2018. are conservative numbers, but it just kind of points out that we can do some things to speed that process up.

[3:36:23] I want to talk about the pilot project that you authorized. It's being constructed. It should be an actual operation in about three weeks. I just want to show you here the building with the circle around is a new metal building that is constructed that will house the advanced treatment processes. The pilot is kind of twofold, part of it is a miniature plant that has been constructed to mimic what the wastewater treatment plant would be treating. There has to be some changes in the process for removal of nitrogen and phosphorus. So this area down here, this little plant has been constructed in one of our existing basins to actually again be a miniature plant to remove those constituents. And so that we would be, as we go through the advanced treatment process, again, it would mimic what the plant would be producing in the future. This is just an aerial view of what the BNR project, which is biological nutrient removal. So we anticipate that this will be, again, online and making water in about three weeks, so we're looking forward to that part of the process. The pilot project, and we'll talk about the purpose of that a little bit, it's not for feasibility. The pilot project is to develop the design parameters, and those include the upgrades that would be required at the water reclamation facility, the recovery rate of the water that we could expect to get through the process, and then the concentrate disposal options. And then probably most importantly is to get the project permitted through the TCEQ. We've been working very closely with the TCEQ, we've had multiple meetings with them, they're very interested in this project. And so we, again, that is the purpose of doing the pilot project. The direct potable reuse project components, again, are the wastewater treatment plant upgrades.

[3:38:27] And then there's an advanced treatment process, which would include membrane filtration, which to be the initial process for the water to go through, and then through reverse osmosis, and then an advanced disinfection process that would include UV light and peroxide disinfection, and then again, the concentrate disposal. Total estimated cost of the project is $136 million. That's a lot of money. There are some funding options that we have explored. We have applied again for the SWIFT funding. There's also two other funding programs through the Texas Water Development Board. One is the drinking water program and the other is a clean water program both for SRF funding. The drinking water program is what the hit cream was funding. Those all three are available. I feel very comfortable, very strongly that we would be eligible and be chosen for the SWIP funding this year. I actually received a call from the chairman of the Texas Water Development board a couple of weeks ago, I wanted to make sure that our project was going to be in there, so it's very much on the radar, and I think that we would be very, very good shape to get chosen for funding for that project. And then, then obviously, is the bond market. Our recommendation is to move forward with the project, and I want to speak to that just a little bit. What we're asking for is to negotiate a contract to bring back to you for the design. And I think that we need to continue while we're doing that. We need to continue to explore other options. Some of the other options that we have been exploring is through with CRMWD and looking at the Spence line and seeing what could be done to rehab that line and if there's any water available. One thing that has to be kept in mind with that project.

[3:40:27] It's probably somewhere around $25 million to rehab the line from stations. We're also going to have to build a barge, but that lake is it shows you men and go. It does not have a lot of water in it We could not take water from our existing intake structure So we'd have to build a new intake structure on the barge to lift water to our pipeline Question I have is how long would that water be available to us? I think from my perspective that that's more of a long-term project something that again we've been talking to the CRMWD about is that project not only to bring water from spence if it's there, but there might be other areas in part of their system that we could bring water to in the future. That's not a short-term solution. That's more of a long-term solution that I think they'll play in with the long-term needs of San Angel. And the other project is the Red Arroyo. That continues to be evaluated on some of the feasibility issues surrounding that project. Sometimes I hear the two projects whether it's the reuse of the Red Arroyo is almost being in competition with one another. I think it's important that we don't look at it that way at all. The Red Arroyo I think could very likely be part of the or very possibly be part of the city's long-term portfolio. But from my perspective and my recommendation to you is that today we need to focus on projects that are more drought resistant. The red arroyo it has to rain and the reality is the firm yield of the red arroyo is zero. It has no more firm yield than any of the other surface water supplies that we have. It has to rain in the right spot and it will likely have water in it at times. But when we need water is doing drought conditions. This reuse project shores up our supplies, shores up our ability to then begin to explore and develop other supplies. So I think it's a great project personally for this community. I think it

[3:42:28] does a huge amount for the long-term viability of this community. So I'm asking you and recommending to you that we negotiate that contract and move forward. So, how many cities right now in the state of Texas have this system in place? Is it just still the two? Big Spring has it, it's not, they mix it into their raw water and then goes into their treatment facilities. Wichita Falls had the project, once their lake filled up, they took it offline, they're building a pipeline to the lakes and they're going to have an indirect power use at this time. When they were in an emergency situation, they were going to do it direct and now they did do it direct. When we went there several years ago, I don't know how many years ago that was, two or three years ago we went big spring and we saw that plant, is that plant online now more than what it was back then? It is online continuously. Because they were having some problems at that time, and I'd hate to spend, you know, this much money and not have a system that's kind of already worked out the kinks. And that's a very good point. They did have some issues, but they have worked through all of those. We've had a lot of conversations with them about those issues, we've had a lot of conversations with the consultants, not only the ones that we've been working with, but other consultants about those issues. I think what you're saying is right on, and if we do this project, we cannot afford for it to fail. No, we can't. And as it evolved, like the system that we're using in the pilot program, we're doing, is it exactly like that system or is it evolved to an even better system?

[3:44:30] It's continually evolving. There were a lot of lessons learned in the Big Spring plant. The Texas Water Development Board hired an engineering firm on their own to actually do an assessment of that plant and look at the good things and the bad things and that went into their guidance document that they're using. So both the state, the engineering firms, the scientists, everybody has continually working to improve that process. So the Wichita Falls plant, which was built after the Big Spring plant, it's better, even better than the Big Spring plant. And I would not even start to tell you, they didn't have some issues, like any facility. We're having issues in the groundwater treatment facility, but those are normal with that type of process. But yes, it's a better working facility from the get-go. Okay. Thank you. Marty? You mentioned when we were looking at the picture, it will be mixed with our old water too, It will be blended with something, but it will not necessarily have to go through the water treatment facility. The reality is, and we've had these conversations with the TCEQ as well as our engineers, the reality is if we were blending only with the Hickory water, that's an already-attreated water. It would do nothing to put it through our conventional water treatment facility, so it would not. of the barriers that are being implemented is storage and disinfection time to make sure that it is a water that is ready to be implemented into the distribution system. I was under the impression when we were in big springs that it was so aggressive that it had to because it's so pure. It will have to be blended with something. but we'll be able to store it without, or are you talking about it? We will.

[3:46:30] Okay. That brings up another, if I may. So when we were first talking about this, we had talked about doing a loop system where it would loop back to the lake, possibly run it back through the front door. We're not talking about doing that anymore. We're not. The presentation that we made to, I think back in March or June, the recommendation was to do, to not do the indirect. We used to not treat the water to that level at that cost just to put it back in the lake. You'd lose evaporation and you're losing everything that you put into it. It's easier for the public to swallow, sorry for lack of a better word, but for them to accept this, I think that it goes back. I think that's changing. I mean, I agree with you and obviously there's a lot of work to do there. I think that we've tried to be very open and transparent about this process, and I think we'll continue to be and try to utilize the pilot to show people exactly what the process is. I think that the public overall is becoming more accepting of it because I think there's an understanding that that is a very big part of the water for the future. Are there any other cities in the state of Texas that are doing pilot programs at this time? So they are the same so it's moving forward with their project same system larger But the same basic yes, it's not different technology well the technology is advanced treatment and The specific components that are used or manufacturers might be different, but the technology is virtually the same I know that we, in order to get a gallon of water, we have to blend so much of the hickory, you know, use so much good water to put with the hickory for the final product, how much

[3:48:32] good water would we have to do to blend with this potable water for the final product? I understand. How much have I got to waste to get a good gallon of water? How much good water do I have to use to mix with the potable to make it good to drink? Well, the process is this, once they take the waste stream, they're anticipating or their target is an 88% recovery. 88. 88. They can get it higher, it's a matter of money. It becomes more and more expensive as you move through that process. Hickory, we did receive approval from TCEQ prior to the groundwater treatment plant being online to blend that with our surface water at a 5 to 1 ratio, but now hickory does not require blending. I just want to make that clear. We can drink it straight out of the treatment plant. Referring to the hickory, that's the right answer for that. I sent you, I think, an email last night. My concern is process, first and foremost. When When we were talking about rate increase earlier this year, you mentioned this project. I told you I would approve capital, but not project specific at that time. I personally was interested in seeing the other projects that we were studying completed to, I guess, a certain level of comparison so that we could understand what pricing might be for either of the products or both of the products as they were delivered to the public.

[3:50:35] So I think my main issue with this is that I don't really know exactly what the result of the pilot project is. I mean, has that completely run its course? No, it's just starting. So I'm not sure why we're now trying to design a system if we haven't completed the pilot study. of study is not a feasibility study. It is a study that it is a pilot project that is part of the design process and part of the permitting process. But it gives us a good idea of what we will be involved with in order to design the project and put cost to the project. I'm guessing based on constituents and other things that I really that are highly above my pay grade. That is part of the ongoing design process. It is not normal to finish a pilot, and then say, okay, now we're gonna design. It's part of the design process. So what other projects are we studying with this level of aggressiveness? Because I thought that's why we, when Charlotte and I wanted to kind of re-energize the Water Advisory Board, and I see a couple of them out here, so I guess they can speak for themselves. I thought we were going to be looking at a number of different projects in order to, to me to have, in a way, a side-by-side comparison. I don't think that's available. I don't think that's possible. I wish it was. I wish we had those kind of options that could meet our short-term needs that we could say, okay, which one of these brings the most value to us? cost benefit, if you will. Unfortunately, I don't think we have that. Again, I don't think the redroyo and this project, you sit side by side and say, which one is better?

[3:52:37] I think you have to take into consideration also, what do we need and when do we need it and what times are we gonna need it? And so I think that takes those two separates those. I think we can look at it going to Lake Spence, and what does that mean to us today and in the future? And again, I don't think there's, when you look at the water that's available in Spence today to put our eggs in that basket today, and so, okay, we're gonna do this and hope it rains, that's what we're doing, we're gonna hope it rains. I think we have one project that allows us to shore up our supply, and that's this one. if I knew of another one, I had another option today that could meet this timeframe, I would bring that to you. Well, I'm wondering about, and I'm not trying to, I don't want this to be down to two projects because I don't feel that that's in the public's interest either. I mean, I'm kind of wondering if it's three or four or five. I mean, we've mentioned different aquifer sources without getting into any detail. Those are not available today. Those will be more long-term solutions as far as those are the aquifers. When we're looking at the timeline that Bill currently just presented to us as well, we do know that we need to shore up that short-term. That is an issue for us. We are, of course, meeting with the UCR, the UCR. So we're trying to make sure that we meet with them and come up with solutions. course your dress-along term options but at this point really when you look at what's available to us locally even the red royal project we're looking what 60 to 90 days down the row before we have a maybe a good reading a good indication of what that would mean for us at this point we I hate to call it a time crunch especially with the drought that we've experienced at this point we have said that this is definitely available option for us to take a look

[3:54:39] And I'm not completely against it, and I've never spoken completely against it. I just worry that if we run too quickly toward this answer, we're also then exhausting all debt capacity. I mean, I could see this being an extremely expensive project. I mean, you just showed us the hickory for roughly $120 million, and yet it doesn't satisfy anything according to your charts. That scares me. And the truth is, Ms. Christ, we spend 136 million on this project. We're still not done. We're still going to be needing to look forward about parts and parts. What are we going to have left? I don't know what will have left to do anything. I mean, again, I'm not anti-reuse. I'm just a little bit fearful of maybe putting all the eggs in this basket, all remaining eggs. And maybe I'm somewhat disappointed that I thought that we would have some comparisons. And if y'all didn't correct me, then I'm going to make that your fault and not mine. But I thought that we would be able to get a cost comparison of this source versus this source versus this source. And I certainly like the idea of being diversified. But I do want to reiterate what Bill said as far as the options that are available to us for the short term. I mean, we're limited to none, really. And what you just mentioned a while ago, Bill and Ricky and I met last week, and we've pained over this as well, the timelines, when we may be running out of water, we discussed the meetings that we've had as well with CRMWD and what we're trying to do for the long term. But as far as the short term or even the intermediate term, the timing is just not there even working with them. We are going to work with them to come up with a long-term solution. But we look at the short-term solution.

[3:56:41] We don't have those options available. I mean, Ricky, I'll let you talk to that as well. But you're saying short-term $136 million. Well, it's more of a drought response funding mechanism. But when you talk about comparison, I don't have and Bill doesn't have it. And I don't think anybody else does right now. It may come. But there's not a comparison to this project. This is the only guaranteed water that we have. There's not another guaranteed water source available to us right now or in the very near future. I mean, yeah, we're working with the partnership and everything for long-term options for us. Well, let's don't say us. My grandchildren for water for their needs, but this is the, there's no comparison, there's nothing to compare it with. This is the only guaranteed option that we have. The Water Advisory Board, you brought them up. They have approved us proceeding with exactly what Bill's asking you for today. So I just wanted to address the comparison deal. There's nothing to compare it with. Can you tell me who on the Water Advisory Board was the dissenting opinion? Chuck Brown. Okay. I should have guessed. Other point, and I know it doesn't change things on what other people spend. I think it's an interesting point, because the other two entities that we are in the West Texas Water Partnership with, Abilene Midland, have both spent about a quarter of a billion dollars, maybe a little bit more, in the last few years, just getting back to where they were pre-drought. That's not any new water. That's kind of what we're looking at. It's just trying to get to where we were pre-drought. Was that an am or a bee? It was a bee. It was supposed to be. I heard it. I wanted everybody else to hear it be billion. You look at this project and the hickory. That's about where we are. I'm certainly concerned. This is our only choice. You know that we've come up with or only

[3:58:50] source. We've come up with in time. But when I look back over the last 100 years, all we've ever done is surface water, surface water, surface water that continues to evaporate. And this is water to reuse that we already have, whether it's ground service or where it is, but it's inevitable that we make the best use of what we have. And that's reusing. We looked at salt water in 06, 07 at West West Tom Green in Erie County. And it just wasn't there. That was that was a choice that we had back then that we thought we could make work. We did that before we went to Hickory. It didn't pan. There was not enough water. We've continued to look at that mayor to see if there's other bracket sources in and that that might be an answer in the future. Unfortunately it's not close. Is there anything that our water boards in the audience could add or help us with? I'm going to call for public opinion. I know Chuck won't be told. There'll probably be others. My question and I guess it will be answered with the negotiation is what are going to do with the waste. I know there's going to be at 12% waste that we're going to have to dispose off. I suppose that's part of the negotiation. What are we going to do with this? Well, part of the process, we've looked at two options. They have suggested two options at this point, and certainly that's premature from the process, but they are looking at it. One is evaporation and no one's deep oil injection. Deep oil injection is not inexpensive, but it is probably the most We have room at our plant east of town to evaporate it. Do not. It certainly will play into the process, but there's not enough to evaporate that much more. And we've looked at mechanical evaporation and those kind of options as well.

[4:00:51] So it's still to be determined and obviously we'll look for the most cost-effective, but that is a big issue. Yes, it is. I think I'll open that. Did you have a comment, Marty? Yeah, I did. So in the 136 million estimate on this, that would include some way of getting rid of the weather. Yes, that's a complete project. Yes, that's complete. I want to come back and have another 5 million or 10 million. Let's open it up to public comment. I know that Chuck Brown wants to speak, maybe some some of the other Water Board members. That's the names there. Hey Mayor, Council, Mr. Valenzuela. My name is Chuck Brown, I'm a member of the Water Advisory Board. I was the lone descending boat and I have several reasons because of that. First and foremost, my main concern is the health of our community. And there are no long-term health studies that have been performed or published to identify long-term health effects of municipality using direct potable reuse. I want to read a few little snippets from some various scientific papers, if you don't mind, so just bear with me for a second. This is from a National Research Council. Direct potable reuse does suffer some serious questions regarding health and hygiene. The dilution of pollutants by receiving body by receiving bodies of water and traditional water treatment plays a significant role in the cleaning of the water. A system that loops back large quantities of water volume has the risk of concentrating pollutants over time. While EPA limited pollutants and pathogens are currently closely monitored, there are other potential chemicals whose effects are unknown. For example, many medications are excreted from the body and detectable in wastewater. Such chemicals are not on the monitored pollutants list but would certainly be present in recycled wastewater. In summary, direct potable reuse is the most extreme case of water recycling and present is only used in water critical situations. While toilets and tap systems do work in theory, pilot plants are present

[4:02:56] being monitored. They are generally an option of a last resort. Okay, and this is from a water online. There are concerns about the effectiveness of DPR systems to fully remove pharmaceuticals, personal care products, and endocrine disrupting chemicals from the water. The report also states there's a lack of faith in government agencies capacity to safely operate and monitor these DPR projects. One more please. From the National Academy of Science and Engineering, health effects on reuse systems. Few studies have examined the health effects of drinking and reclaimed water and suggest that current approaches for safety testing of reclaimed water derived mainly from consumer product testing protocols are inadequate for evaluating reclaimed water and should be replaced. To explore the Water Health Connection, a new journal, Water Quality exposure in health was launched in 2009 and states that synthetic organic compounds now surpass a half a million mark and 10,000 new compounds are added annually. The likelihood of identifying all possible health effects is slim. That's just the tip of the iceberg folks, okay. Not to mention we have we haven't completed the pilot study as we know. It was ratified by council in 2015 I understand we didn't this, but I understand that it's going to be up and running in three weeks. That's good to hear. There's going to be a significant issue with disposal of the reject water, which Bill had just stated. We don't know what we're going to do with that. You're talking about somewhere around 2000 acre feet of water a year to be disposed of. Now, it's going to be either through evaporation, which is going to require a large land mass to evaporate this, and you're going to have a hazardous solid that you're going to have to deal with afterwards, or you're going to be deep well injecting it, and if you're going to be injecting 2,000 acre feet a year, that's a significant amount of water to inject into any formation because it will pressure up. Now I need to ask you this, is this an acceptable risk that you're willing to take? Are you willing to use that new water

[4:04:57] rate structure funding to put all of your eggs into one basket? Are the contracting engineers who stand to make millions off this project telling you that this water is safe? You may have heard of big strings in Wichita Falls, which Bill had mentioned DPR, but in all actuality, they do put their direct potable reuse water back into a raw water system. So there is an environmental buffer and a retention time. So in fact, it is not a direct potable reuse. The only currently operating plant in the world that does direct potable reuse is in in maybe a South Africa, okay? They serve 250,000 people and they reintroduce a highly treated wastewater back straight into their infrastructure, into their water distribution system. Now as a member of the water advisory boards, I will tell you that we've failed in giving you consideration for other options. Quite frankly, no other options were presented to us though, and there are other options. And I'm of the opinion, I respectfully disagree with staff, that the DPR would be more of a long-term solution, OK? Just for your information, before we proceed, the area of reservoirs that you have a straw in, that you can draw from cumulative gain to 102,000 acre feet in calendar year 2015. So Nanjilow has lived on surface water for 120 years. It's not going to quit raining. we go through cycles, we go through drought, we go through rainy periods. If this was the only option, we would have the wastewater treatment plant injecting water right into the conchorever below masswares and we'd be picking it up and drinking it again. Let me just suggest a few alternatives and some preliminary costs associated with it. The recent region F water plan came out in 2016. In the regional water plan, one of the strategies recommended is

[4:06:57] to drill they'd additional wells to the Hickory. That would provide you with an extra 4,000 acre feet a year. It costs $27 million. You've got around 42,000 acre foot banked. I know you can't bank after 20, 36, or whatever it is. But right now, you can bank 2,750 acre feet every year. By 2021, that increases to 5,000 acre feet a year. And by 2026, you can withdraw 10,000 acre feet a year from the Hickory. If you have those wells, you have the capability of doing that in 10 years. We talked about rehabbing the spent's pipeline. That's another 20 million. You've got 6,000 acre feet in the bank and you can draw 3,000 acre feet every year. So that's a total of 9,000 acre feet you could pull at any one year if that pipeline was rehabbed. Another project in the regional water plan is the River Royal, 20 to 25 million. Now based upon the regional water plans numbers, 1400 acre feet could be assumed to capture every year for use, you know. My studies, I show that 5,000 acre feet can easily be captured. Not only that, you can use the additional water if there was any for your downstream water rights releases. And also you'd be doing the river a big favor because you're gonna be removing 50 to 80% of the pollutant loathing of the storm water that flows into that river every time it rains and dumps into the South Conchow. Another project in the regional water plan is the Brackett's groundwater desal in Schlocker and Pecos counties. It's 68 million dollars but that is shown to produce 11,200 acre feet a year. The cost of that before amortization is 827 dollars an acre foot and after that is 326 dollars an acre foot so let's keep those numbers in mind. Another thing that's not in the plan but is an alternative that we've been brainstorming with lately is what if you went out east to the farmers in the life and fret, and I'm not talking about trying to condemn land or anything, but what if you offer to purchase some of their irrigation water? The

[4:09:02] life and flat irrigates for agricultural purposes anywhere from 50 to 70,000 acre feet every year. Well, I didn't ask the farmers if you can buy some of that. Buy their water, continue to let them dry land farm, and years where we're wet and we have our lakes, they go back to irrigating, but we could buy their water from them when we needed. That might be continued But that could certainly be a viable option Finally the DPR cost it is in the reason of water planning it will and its price tag is a hundred and fifty million a year With a twenty million dollar a year O&M cost Cost per acre put amortized with that water seven thousand acre feet every year is 2826 dollars and after that when it's paid for it's a thousand and thirty three So in closing in closing would encourage you to task us the Water Advisory Board to sit down and have a significant work session and I'm not talking about a two-hour meeting. I don't care if it takes two days or two weeks. We need to do our job that we were tasked to do with all the pros and cons for all of these potential water supplies and put a price tag on each project. That way you will have the information you need to make an informed decision with a cost basis for each acre foot and not to make a knee jerk decision because this is the only option because it is not. It is however the most expensive option and it has the biggest chance for systemic failures and could have dire consequences. Now as a taxpayer and a consumer of San Angelo's water I urge you to completely vet all of these projects before making your decision. Thank you. Yes the first thing that I want to say is I truly appreciate the work that you've done and the water board has done. I'm very pleased with the the selection process and how you guys report to the buyer. I know you need more than two hours. This is a very, very difficult subject and a very limited source. And I don't have the minutes from your last meeting

[4:11:03] to refer to to see how things went in the meeting, but I do appreciate you coming forward on this and I'm ready for your suggestions for direction. If it requires a retreat of some kind to go and to work and to study, I'm all for it. Because water is the very most important thing. And we've got to have more than a forced source is what I'm saying. Can we charge you, if you need us to say, want y'all to take a retreat, find us, any and every possibility? $136 million is a lot of money. Yeah, and $136 million is more than likely gonna be spent, but it could be spent on a myriad of projects. And we need to look at, we need to weigh all the pros and cons in my opinion. Not only cost, health, public perception, everything. Everything needs to be looked at. I'm not saying I'm disappointed that you only brought us this source. I'm not disappointed with you. I'm just disappointed and concerned about our future for water. And people, the public doesn't see y'all working at a two-hour meeting or a retreat, we're constantly trying to find water. It's only an occasional thing that appears in the newspaper that we're doing something, but I do appreciate your continued efforts, and if you need a retreat, then Mr. Manager, please arrange it. That's the will of the council, absolutely. I do know that, again, what was presented today, that Bill is, we are looking at a timeline, And I could actually sit in and talk about TCTU and other studies that prove that the water reuse is safe. You can come up here and present different studies. They'll show one view and a different view as well. Also, transport and irrigate irrigation water. There's a lot of issues there. But I do agree that we do just sit down. And possibly, I mean, this would have to happen very quickly if we set this up very, very quickly.

[4:13:05] Because we are in a bit of a time crunch and it comes to this drought that we're in at this point. Again, the options that you presented, there are some issues with which you presented, to be honest with you, and we can sit down and discuss a lot of those. But if there are options, we're open to it, absolutely. But we just know that the water reuse, it's readily available to us at this point. Which has issues too? Yeah, again. And by the way, the last water advisory board meeting was October 27th, and we are required to meet quarterly, So, let's meet, yes, sir. We have one more member. Kendall, are you gonna speak? I wanna hear you all from me. Kendall has to say before I say anything else. Yeah, let's have more public comment. Yes, right. No, how does this get in you? Oh. Oh. Oh. Oh. Oh. Oh. Oh. Oh. Oh. Oh. Oh. Oh. Oh. Oh. Oh. Oh. Oh. Oh. been there done that but I am here speaking on behalf of you as a member of the Water Advisory Board and you know we're all here concerned because we love St. Angelo because it's important to us and because the long-term well-being water is the most important thing that faces us and I've told that to you guys and you all know it and we all agree so it's incredibly important I will say that, you know, when we look back at the last meeting which was October 27th, we spent a whole lot of time up until that point, really spending time on the water rate structure and putting all that stuff together. I thought we were very diligent, thought we were very thoughtful, we asked lots of questions, you guys asked questions, threw things back, went back and forth, they came back with better ideas and that's how to me that's how the process is supposed to work okay we got done with all that we went through all that process okay by golly

[4:15:09] we're gonna recommend the rate increase look for the bullets okay but we recommended that about ten seconds later he walks up I like him in but you're really disappointed me and he said oh by the way I want to prove this project Where did that come from? It happened out of nowhere, okay? Yes, Chuck was the only lone, was the lone descending voice, but I will tell you, I'm in a mistake. I made a mistake. Today, right now, today as we speak, I would be another descending vote. And I think what you might find, as we start to gather more facts and hear more things, because there are more options on the table. There are more options that we do have that I don't think this thing would pass. I really don't think you would get this thing passing the Water Advisory Board today. I may be wrong, but I don't think you would. We've only been looking at one option. One option was thrown out in front of us, and yes, we all said, great, let's run the pilot, let's see what happens from that. That was the discussions. It wasn't a discussion of, okay, we're gonna run the pilot And then we get to start all this other stuff. No, that's not what the process was. Maybe that was the intent. Maybe that's how it was lined out. Maybe that was where they were always gonna go. That was not what was understood by me. And I don't believe by anyone else on the water advisory board. Otherwise, we would have spent more time trying to dig in because if that was the first step of saying, yep, we're gonna do the project period, we would have done a whole lot more research before then. we didn't because this was simply one step of the process to figure out was it viable is it gonna work what is some of the cost what's the effects of some of these things that are gonna happen that was my understanding okay and I'm just this dumb cowboy from West Texas okay maybe I misunderstood everything but I

[4:17:11] don't believe I did I really don't 136 million dollars And when we approved the water rate structure, when we gave it to you guys, we were in favor of saying we are going to have to take on the debt of $136 million. We are going to have to carry that burden, okay? We knew that, okay? Nobody's really excited about that, but it has to come. My belief is that this project might be one of the pieces of a larger portfolio, or it can be one piece, a chunk, a third, a quarter, two thirds. I don't know. We don't have all the options. It's not all laid out in front of us. I've heard options today that I've never heard before. I get to come to council to learn all about what I'm supposed to know is on the Water Advisory Board. That's disappointed. I am I am horribly disappointed with how this whole process has gone I really am and you as a council Should be very disappointed with how your water advisory board treated this thing took one project and said yep Let's go. It's a get all excited get all the mob mentality We got all all going because this is the great project right down in front of us the cure all end all of everything It may be But I can't sit here and tell you today because I don't know all the other options. Lay everything out. Let's look at that. Lay all the options out one by one, step by step. I do believe that we can and should give you guys a very detailed, prioritized list with a value creation of what is the best water rate structure, excuse me, best water for some form of value, as Chuck says per acre foot. You can come up with that.

[4:19:13] We should come up with that. That's not rocket science. I mean, there's options out there on the table. I'm disappointed in myself in how I got pulled into the mob mentality of the thing. And again, when I make a mistake and I made several of them up there, I'll belly up to the bar and say, I made a mistake. I screwed up on that boat. Sorry, I made a mistake on that vote, wrong choice of words. I believe, Charlotte, you're right. I think that we need to spend more time on this. We have not spent near enough time on this. We spent weeks talking about water rate structure. We went through multiple meetings talking about water rate structure. We had one presentation on the pilot project. And then we had about 15 seconds, two minutes of discussion saying, now we want to recommend this. And at the end of the day, it may still rise to the top. What's the rush? Why do we have to jump today? Why right now? As we speak, why today? I know water's running out. Hey, we've all known that. We've known that for many years. We don't need to be rushing to make a rash decision that will create a cause effect that none of us know and spend all of our money on the project. The good news is it's not too late and I will make the motion that our Water Advisory Board and our city manager who is a part of that board spend a weekend retreat at a facility to study and bring in some folks to study exactly what we've been talking about we've been presented. We have that time and we have that ability. All of the options you deserve.

[4:21:14] But I want it out of town so that none of you guys can run to your office every 20 minutes or 30 minutes or do something. I've done retreats before and they're just not as effective unless you go out of town. And we've spent a lot of time with the West Texas Water Partnership and some of the things that were just mentioned a while ago were things that have been explored and back and forth. We definitely need to discuss those with the Water Advisory Board and we're going to come back with a solution. I'd love to second that. If you have motions to do this, I don't think you're a mayor. No, we'll essentially take here. My recommendation, if they don't need a motion, it will take consensus at the start. Well, we're going to have to do something about it. You can table this. We can table this. We will have to have the motion to table this in my opinion. Motion to table to further. Well, I want to make sure that former councilman Hirschfield wasn't cut off. No, I've said my patient, I will start rambling on, and you know how we know how our politicians are. They can ramble on until you say. But it's not too late. You and Turkey brought the very important points out, and I appreciate each other. I really do. I am not anti-water reuse, okay? I'm not, I am not. Crystal clear, I am not. I do believe it's probably part of our future. I just don't know today if it's 7,000 acre feet, part of our future today, or 1,000, or if we're five years down the road. I don't see the 60 days away, it'll hurt us only. It could be done faster than 60 days, but I don't see the 60 days. I don't see the 60 days. That's the risk that we take. And so consensus is important, but I'd rather wait on it. I agree with this. I'd rather wait. I'd rather get you all together. I'd really hear everything, and that's what our board, he's a member of our board, Chuck's a member of our board. They're telling us now to make sure that we know all of our options, which we do want to know our options. And we want the best bang for our buck,

[4:23:16] really is what we want. And the hard thing I have with our city staff and Chuck, and I know there's some friction between them, because one side wants one project and one side wants another project. And I don't care about that. All I care about is what's the best project. And I want to try to get it out. With you on that. I want to get it out there to the public, whether it's Chuck's side or it's our city staff side. I just want the best bank for our buck that works the best and gets us what we need to get. Be sure of what we're doing, before we do anything. No, I want the same thing. Yeah. No, we do, but we've got to figure. I'm getting tired of everybody pushing this down the road and saying they're battling over facts. And the thing about facts is that you have one set they have another set and we still haven't come in three years this been going on for three years where we've been battling about the royal project is one of the main things one side hates it one side loves it and trying to figure out just what the yield is which I really thought we would have figured that out yeah I know that I've been no one's done we finally have a metering station we have a gauging station installed a third party, USGS is doing that. I want the best thing too. I don't care if it's a rhetoric, I don't care if we ship water from Tim Buck too, as long as it's the cheapest and safest. And I know and they do too. They want the best health concerns. We don't know what long-term health effect. Do we want to be a petri dish in 20 years and all of a sudden, mother nature will throw you a curve every time. Do you know exactly what's in there and do you know exactly how to remove it? I don't know that yet and I can't find anything that does. A lot of that's in there now a lot of that's in there now a lot of those chemicals are in our water right now do you want to close do you want to close loop that bill zos continually building up more more well I don't know I'm not I'm not a scientist and I can't let's pray I go ahead sorry the open meetings act I just

[4:25:17] want to read two lines the act requires a meeting of the governmental body to be held in a location accessible to the public it thus precludes a a governmental body from meeting in an inaccessible location. It has to be here somewhere in the city. We did one out of county. Yeah, we did one. You open it to the public. They can walk in there. Yeah, what's addressed by the attorney general's office's accessibility? In one instance, it was in Mexico. Oh, you're going to do that. OK, location is not. You would need to take accessibility into a county. Look at the result. The location is an initiative. And also setting a meeting like this or whatever that you're off agenda item is considering this one particular contractor in this project and your discussion is within the scope of that. But you shouldn't act outside of the scope of that agenda. I think what we need to do is consensus is if consensus is that we push that we go ahead in research this table to get the answer to them and do I have consensus lids sir and Charlotte and Marty and we have consensus that we go ahead and learn more about this let our waterboard meet so that we can have the answers that we need now that we need to table this or by consensus can we just table this until we're ready by consensus we can post by consensus I would like to table this until we have more information to discover I'm Stephen Brown and having spent 27 years as assistant city manager and city manager and alarm bells and and you need to go public with this issue. Let the waterborne have its meeting in public. Let the public hear this. Let them participate in here this. I agree with that. You show the people the light and they'll find their own way. I agree with you sir, let's do it right here, be a good spot.

[4:27:18] Let's do it and up front. And I don't like what the gentleman said. The people that asked me questions about this are concerned about pollable direct reuse. And it will be an emotional issue for this community, when it does happen. So we need to have all the facts, how we're gonna treat it, how we're gonna dispose of it, and what it's gonna cause, and what are the other options. And you're gonna do this by deliberate study by this board and this council. I agree with you, sir. Thank you. Back in census, we will push this forward. Yes, sir. Obviously, there's going to be some concern in the community and we need to address those things. We can stir up concern or we can talk about the project. One thing that I think is important, Chuck mentioned it, and I won't speak to the rest of that stuff. He may e-mailed you four articles, I believe, that he's putting from, I highly recommend you read those. One of them was from 1998. The last happens since then, one was from 2001, almost 2011, he quoted the most. There's been a lot of technological advances since then, but every one of those articles, they talk about all of the issues, but they also say, it's the future. So you get to choose, obviously, what your next project is, but DPR is not bad. The technology is there, the science is there, and most scientists and engineers are working with this today think it's probably the safest water out there. The stuff that Chuck has mentioned can be removed, the process removes it, you monitor for it and you know it. So I move forward as you desire and thank you very much. consider now discussion and possible action related to moving the schedule starting time for the regular city council meetings from 9 a.m. to 8 30 a.m. I think that is a fabulous idea. I think it is too but I don't think Charlotte

[4:29:18] will ever make. I'll help Charlotte get here. I've been up since six o'clock this morning and I still didn't get here to late 45 again looks like it's gonna be move for approval. Second. Why? Discussion. I don't care. I don't I'll shut up for 15 minutes. I don't mind. I don't mind. This is this is real hard on a lot of us have job. It's all a very job. And just like just like Johnny or whoever the future is for this seat and that seat or possibly that will do what we have to do for the best of others has that. I think the motion forward let's discuss and I said second but I think that I think more importantly is I think we need to look for ways to kind of where we can shave down the meeting so that the public can come and participate and not have to give up a whole day of work particularly those that have to take personal time to do it that's more my interest. How'd y'all feel about Anthony's clock running the clock on the clock nice but it's not on the agenda. Maybe the clock ought to be running when we're all talking. Well we could do that. Well I would really like a big clock agenda item down there. Agenda item is right there. Three o'clock. Well I'm tired. The funny thing is when we when I first got elected and was up here we used to say when the speaker came up to this podium we used to say three to five minutes and recently you've been saying five minutes. I would rather go back to three minutes. That's what we're reading. That's where we're going off. So we can also just to know Teresa had mentioned that not every item needs to have a public hearing only the items that are for public hearing. So you wouldn't necessarily have to open everything to public comment unless maybe that's a policy decision I just wanted to bring Oh, I'm really with the exception of one maybe two items today

[4:31:20] The bulk of time that it was spent was spent right here on this day It was a seven of us that did all the talk and he wasn't the public So if you're gonna look at the total amount of times you need to look where the total amount But with a greatest amount of talk is coming from and that's what I'm just right Like right now. Yeah, there any public comment on 830 opposed to nine if so I'm called the motion has been made we start meetings at 8 30 it has been seconded all in favor say I Name you just put a five one on and when do we start next meeting Follow up and administrative issues consideration of impossible action on majors discussed an executive closed session if needed and I guess that's a none B is announcement consideration of future agenda items Elizabeth you have anything ma'am something I think we need to think about and I know this has been a contentious issue for a long time but we saw some really pretty slides of a new restroom facility and our meeting was opened by a gentleman begging for help at MLK Park and I'm just wondering where the equity is there it's some parts of town are begging for public restrooms and others get it and I think we really need to reconsider our position on that also the gentleman that I was trying to help make sure he attended his item was here to make sure or to I think ask that we show compassion to those who can't pay for a water bill and to try to have something worked out with them before they're cut off so I think we've talked at different times about what our policy is on that and I don't know if If that's an agenda item or if it's something we can handle offline, but that's why he was here as part of the community that wants to be helpful to those who truly can't change

[4:33:21] their situation. And other than that in the chat, next week, probably going to talk about water reclamation. Well, I don't want to take too much time, but at February 15th, six o'clock, Holloman Elementary, make it if you can. Thank you. Yes. Several months ago, almost a year ago, I had asked Shane to maybe get a little committee and work with commercial folks out of the Southwest Quadrant of Town, reference their trash and whether their containers were large enough or what's been put in there or if everybody and the community's coming in and up in their container, maybe we should look into locks. And I would like for us to get something done on that because the trash is starting to blow out of the containers again and when we had this weekend, it's everywhere again. So you do remember what I was talking about, so if we could get together on that, not necessarily an agenda item. But I was going to ask on the agendas, Since staff approximately one of those usually how much time and discussion certain items are going to take, is there anything wrong? You know, we put that it starts at 9am, which will be 830am, but when we go to the next item after consent agenda, can we put approximately 845, approximately 9, so that the people out there would know approximately, it's not a guarantee. I get asked that question a lot, and I'm always wrong when I ask to meet. I can I could do that and an idea we'll see what the city manager thinks about it and with reference to Elizabeth's deal about assistance and paying the water bills when Fred Adams was one council that did come up and Group said he had there were like five six different sources in town where people could get assistance to pay their water bill And that's supposed to be on hand at the water department. I don't know that it still is but just Check and see that's all I have Marty

[4:35:21] Rodney nothing. I have nothing live. Oh, I do have an item I mentioned this earlier as far as the strategic planning workshop a priority setting workshop I'm hoping that we can have one next month The to fall in between the city council meetings perhaps on March 7th through the 11th And I just wanted to kind of throw it out there. We can coordinate that making coordinate that to see which Which would be best real, but we definitely want to make sure that we get that in this time in no Mexico to have no Mexico to have a meeting to a church or one second also just to know the canvassing requirements around the the May meeting I know it's far out in the future we're going to have to move that second meeting back one day to a Wednesday the second meeting in May just wanted to say that no I'm not in favor of that I have my days counted I'm sorry state laws is going to require one more day. All in favor of adjournments, say aye. Aye. Mr. No.

Transcribed 2026-07-27 with faster-whisper (base.en) · source: youtube.com/watch?v=3I8r-lsQtXw