San Angelo City Council 11-12-15

[0:00:00] It is 9.04. Time to get this nine o'clock meeting started. Good morning to everyone. We're glad you're here to this meeting of the San Angelo City Council and it's normal. We will start it out with prayer. I will ask Edward Holden if you would please come up and to start us in prayer. Stand if you are able. Good morning sir. Thank you, head to my father. We come to you grateful for another day Lord We ask that you would give us wisdom Lord that you would give the council members wisdom to to vote and to rule on subjects Lord Lord We ask that Per the mayor's request that you would Make some rain happen for us Lord. We thank you for what you're doing and all of our lives We thank you for the opportunities that you've set out for us We ask that you just give us wisdom and strength to do your will and Jesus name Amen. Amen. Let's get a picture. And now to lead the pledge and they said they would allow me to assist them will be our Trinity Lutheran and if y'all would come forward and come forward sir and I'll let you introduce them. What a good looking group of kids. We'll say the pledge and then we will have will have the men today space the american flag y'all get a start allegiance 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 in the texas flag

[0:02:02] On the Texas flag, I pledge allegiance to the Texas One State under God, one individual. Thank you so much. If you didn't agree with me, I'd like to have a picture. Absolutely. This is the 7th and 8th grade classroom training Lutheran school. On the end here, I have Mr. Alex Elgazabo, Kaylee Biggs, Jade Smith, Paige Harris, Chasti Hodges, Shane Whiteed. Oakley-Arlidge, Alyssa Barrera, Savannah Rizani, and Derek Jordan. We do have some recognitions this morning. three of our members that were in the 20 to 40 and were recognized last week at the banquet and We have three of them. I'd like to recognize I'm going to begin with the assistant director of human resources risk management Veronica Sanchez If you would start coming forward, I'm gonna start reading It said Veronica Sanchez the city of San Angelo's assistant director of human resources risk manager has been honored by the San Angelo standard times is one of his 20 under 40 young leaders in 215. This party recognizes Veronica's leadership not only within our municipal government but in the community is large. Veronica joined the city in 2007 and earned her most recent of her three promotions in April when she was named the HR department's assistant director. She directs and administers many functions related to our workforce including employee recruitment retention compensation and benefits administration.

[0:04:03] Her peers within her profession recognize her as a leader. Veronica has twice been elected the Board of the Texas Municipal Human Resources Association and chaired two committees. She has also served two terms as president of the Consul Valley Society for Human Resource Management, helping the group earn gold and then platinum chapter designation for the first time. Veronica was named the group's 2012 Human Resources Professional of the Year. Veronica has also contributed to a wide range of charitable efforts for organizations such as Meals for the Elderly, Toys for Tots, the Consul Valley Regional Food Bank, the Consul Valley Home for Girls and the Alcohol and Drug Abuse Council of the Consul Valley Additionally, she is a devoted parent to two teenage daughters who are active in school, music and athletics. In all settings, Veronica is a model for what we hope our organization to be. Therefore, I, Duane Morrison, Mayor of the City of San Angelo on behalf of the City Council to hereby recognize and applaud Veronica Sanchez for her service and positive determination to make a difference in community. Thank you so much. I am very honored. Council mayor, city managers, thank you so much. This is probably the biggest honor I have received. I am equally as honored to work for an organization that takes the time to recognize accomplishments and leaderships of their employees. So thank you Thank you for that. This recognition to me is a representation of our organization as a whole. I think not only for leadership, but definitely for the hard work, the dedication, and the love for this community that all of our employees display. So thank you so much. Thank you for that. Thank you. Thank you. You all. Thank you.

[0:06:03] Yeah. She'll let that. Girl. please come forward please sir. Corey Robison the curator of history at Fort Concho has been honored by the San Angelo Standard Times as one of its 20 under 40 young leaders in 2015. This recognition is a result of more than 13 years of consistent important contributions to San Angelo's National Historic Landmark and our top tourist attraction. A brought native and Angelo State University graduate Corey has since joining Fort Concho resurrected the The volunteer guide training program founded two vintage baseball teams, one for adult and one for youth, and created the Youth Military Heritage Program. Additionally, Corey established a relationship with the NRA Foundation that has led to more than $45,000 in grants to pay for a period of weaponry. He recreated equipment and uniforms for a Barrick Five refurbishment, and he created a dozen interpretive banners that tell the stories of the fourth structure and the pioneers who worked and lived in them. One decidedly, used a decidedly modern day advance, the internet, to discover and to facilitate the purchase of a batch of 35 historic letters written at the fort in 1878, his efforts resulted in his promotion and his current position in September, and to his recognition by the Standard Times earlier this month, therefore I'll dewain Morse, and the Mayor of the City of St. Angelo on behalf of the City Council to hereby recognize and applaud Corey Robinson for his service and positive determination to make a difference in our community. Congratulations. Thank you. Thank you. Well, thank you very much. When we did this, we had to do a video. So Anthony Wilson and Brian Groes would ask us questions and we had to answer the questions. And really, one of the questions was, you know, how do you consider your leadership, you know,

[0:08:06] what do you consider your leadership qualities? And I told them, you know, I really didn't think of myself as a leader. And I was really humbled by this whole experience to be recognized as a leader in the community. But when I got really thinking about it, that was the point of this whole experience is we are all from different aspects in the community, different levels of importance within the community, but it's all of us that can be a leader within the community from everyone at the very bottom of any kind of level to the very top of the level. We all have a purpose to be a leader in the community. So I was honored to be able to be a part of this program. I'm honored that the council was recognized me as well for this. And I want to thank everybody who helped me. I try to do my job and do the best that I can, and I'm honored to be called one of the leaders of the community. Thank you, Coyote. Alejandro Castanan, would you please come forward, please, or will I raid this? The Chairman of the City of San Angelo's Public Arts Commission, Alejandro Castanan, has been honored by the San Angelo Standard Times as one of its 20 under 40 young leaders for 2015. This recognition stands for Mr. Castanan's leadership not only within our municipal government, but in the arts community and beyond. and Air Force veteran who served abroad, Mr. Castonon settled in San Angelo and immediately began contributing into the community civilly and artistically. His Vino Despentio Art Gallery serves not only the showcase local artist's work but to spark an interest in the visual arts through relaxing and accessible painting parties, himself a painter with a vibrant and distinctive style. Mr. Castonon is captured on canvas from St. Angelo's most beautiful and distinctive landmarks, including the Cactus Hotel and the Consul River, several of his works

[0:10:09] hanging in City Hall and other municipal venues. He has donated tens of thousands of dollars of artwork to local charities, and earlier this year painted for 24 hours straight, producing 14 pieces for each of the non-profits that had requested one. Along with leading our Public Arts Commission, which places works of art and San Angelo properties, Mr. Castanonon is served on the boards of San Angelo Schools Foundation, the Lord W. Bush Institute for Women's Health, and the Convention Investors Bureau. Therefore, I, Duane Morris, and the Mayor of the City of St. Angelo, on behalf of the City Council, do hereby recognize and applaud Alejandro Castanon for his dedication and positive determination for making a difference in our community. Congratulations, sir. What a great honor. Thank you to the City Council, City Manager, Mayor. We had a great conversation with Anthony Wilson at the banquet, and we were talking about the honorees and being a leader in the community. And after I saw the youth here doing the pledge, it reminded me of that conversation. And I remember when I was a kid, and my father asked me what I wanted to be when I grew up. And that was a very hard question to answer. I didn't know exactly what I wanted to be. But I think the more important question to answer is what type of person do you want to be? And I think that's why this leadership award is so important, because it helps you define what kind of people you want to be in adults. want to be in the community. And I think that's very valuable, no matter what you're doing, whether you're an architect, an engineer, a teacher, or an artist, what you do as a person in the community holds more value than any position you can hold. So with that thought, I thought that was extremely valuable and I thought I'd take that opportunity to at least see this to the youth that are here today. And that's what that meant to me, getting the leadership award. So thank you. And now it is time for public comment. This is the time that we allow

[0:12:50] our public to come forward and to comment on anything that they wish to whether it be pro or con negative or positive. This is your opportunity. Let me read the legalities and then I will ask you to form a line at the front and to make your comments issues or items that are not on the agenda may be raised by the public at this time. Citizens should speak from the podium began by stating their name and limit remarks to less than 5 minutes. Council members may request that discuss data be placed on a future agenda. The Council takes public comment on all regular agenda items during the discussion of those items. Form a line at the front. This is your opportunity. Good morning ma'am. Step up to the microphone and start with your name please. Okay I'm Erica Anderson and I'm here representing Crystalville Estates and Riverville Estates. I'm the property manager. On October the 19th, we received a letter from the City of St. Angelos, stating they would no longer provide water or trash services to both facilities. We will of course still have water service. However, they will no longer provide the billing for that service, and the trash service is going to be removed from the facilities. We will no longer have our trash cans, and the trash, uh, Republic services will not come through the properties any more to pick up trash. The issue that we have is that we're okay with the water part of it and where we have to read the meters and bill our sub bill our tenants. That's not the problem. The trash service is the main issue we're having. We've got a lot of elderly people in the community that cannot take their trash, you know, to the dumpsters that we have to provide for them. The cans have made the communities a lot cleaner, you know, they don't We don't have animals and cats and trash blowing everywhere. We've really enjoyed having the trash cans. We have a lot of tenants that are unhappy with this decision that they've made. I did have a conversation with Jeremy Miller,

[0:14:50] and he was kind of like, well, we're just doing this because the water department has issued this. I did call and try to speak to Mr. Riley. He never returned my phone calls. I think the main problem that we would like to fix is that we were able to keep our trash cans. It would make the community a lot cleaner like it has been. I mean, everybody's kind of noticed that everything's a lot cleaner. The problem that Republic Service says is that they are having a problem with picking the trash cans up. Some of the people aren't doing what they're supposed to be doing, which I think is common in San Angelo anyways. I don't think it's just the mobile home communities. Also, I have been told that there's only a few of the communities that are being told this, so it's not an all-around situation. So I don't think that's fair. The other part of that is we pay property taxes on each one of those homes in both of those parks. There's almost 289 mobile homes in those parks. We pay the taxes, the individual pay their taxes. We pay taxes just like anybody else in San Angelo, and I feel like we should have these same rights that the people in St. Angelo have as far as the trash service. What's the addresses on this, ma'am? Crystalville State's is 3511, Crystalville Road. That's the main address. And River Bend is 4402, Bend-Fickland Drive. Shane, did you hear all that? Mr. Kelton will be. Okay, thank you. We'll be in charge of this problem. I'd actually like this to be brought, if this is not fixed before the next meeting, I want it to be on the agenda for the next meeting I talked to Bill, and Bill told me he got this fixed, and it clearly is not fixed. So this is kind of a big deal, and this is not just affecting one mobile home park. I think it's affecting. Is it all? I don't think Sun Lake Estates received a letter. I did contact Priscilla. You can. He didn't say that.

[0:16:50] He can't put it on the agenda. Okay, and I do know. So we will put this on the agenda and this can't say, but let's let Shane work on it. Okay, and the 25th is the cutoff. So they will be taking the trash cans on the 25th. Thank you. Thank you. Thank you. Thank you. Thank you, Rodney. Do I have any further public comment? Good morning. Good morning, council. Ryan Kramer, superintendent of fleet services, I just would like to offer a quick plug for our city online auction. It started earlier this week and we'll end November the 24th. Just want to make sure that anyone who is interested has an opportunity to bid on those items. auction because it is the end of the year. This is our second auction for this calendar year, but it's about 50 items still and so we just would encourage anyone that would like to to bid. So thank you. Give me the website. ReneeBates.com, R-E-N-E-B-A-T-E-S.com. Renee Bates. And all the information will be there so any potential bidder can go there and find the information and get signed up to bid. Thank you Ryan. Do I have further comment from the public going once going twice okay then we will close this portion of our of our public comment and go to the council well I guess you've got this on the agenda we need to do the canvas first well you can do public comment okay if you want to and then go to okay let's do public comment first from the council I will take open it up to the council this time if there are any comments that you need need to make any thing that needs to be pulled from the consent and placed on the regular. Let's start with you Ms. Grant's death. I would like to ask a question Mayor. Sorry. I would like to ask a question on item F. Other than that I have nothing on the consent agenda.

[0:18:50] And for the public I'd just like to say thank you for your well intentioned behavior Monday night when we had our neighborhood chat and discuss water rates and we had a I think a very good showing and I appreciate city staff's participation in that and even though it's not a happy message I think everybody left much more educated and and knowing what needs to happen going forward. Thank you ma'am Miss Lizzie. Nothing. Miss Charlotte. I have nothing to go from the consent agenda I I do have a comment. I want also thank the staff greatly for the public meeting, town hall meeting that I had to use tonight at south and Baptist Church. I want to thank the folks there for allowing us to use their facility. Had a wonderful turnout, just over 100 people. Good questions, great questions and the traffic studies by tech stock well received and the tech stock folks on hand and want to say thank you to them and I want to thank our mayor who was there to assist me I appreciate him being there it was a good meeting it really was and I did want to thank Becky Dunn for the gift door prize gift that we gave. It's always well received and I appreciate it. Appreciate the people in the turnout and hope to have more meetings, but after the first of the year. Thank you, ma'am. Johnny? No, sir. I don't have anything. And Marty's self was unable to make our meeting today. He had planned on it, but he just could not change his schedule. So Marty is not with us today. Mr. Fleming, nothing to pull one item. I just had somebody a resident actually it's from Charlotte's district there's an abandoned car at the corner of 306 in the loop it's been there for several days and they don't understand why it's been there for several days and I saw it it it's been

[0:20:51] there since August 6th and I have turned it in several times it's on let's get that taken care of it's on private property you can't touch it well we can send the private the homeowner or the that's a property there a commercial property. We're discussing it. All right I have nothing to pull his whale. Mayor I do want to next week on the 17th on Tuesday we will have another public meeting on the water rates which will be here at the McNeese Center so we do encourage all our citizens to come out and to share their thoughts we definitely have a good presentation we have a lot of information that we'd like to give them so again that's next week on the 17th here at the McNeese at at six o'clock, so we hope to see you there. At the follow-up, please, with reference to the meeting on the 17th, the handouts at the staff prepared the folks at the town hall meeting were very, very thankful, except for one item that was not in the packet that they reminded me that I requested and Mr. Fleming requested, and that was the comparison to other cities was not in the packet. And it made them suspect that I assured them that I had seen it and we would have it available on the 17th. We'll do. Probably will be there. It will be there. I know we had it available for Liz's town hall meeting, so we'll make sure it's there at this 17th one. Let's go ahead and take care of this consent agenda, and then we'll go on to candidacy agenda. Is that all right? That's OK. OK. We do have one item, F, that we need to pull for discussion. I will entertain a motion to approve. All through consent agenda as presented with the exception of item F. Second. And that will take us through item M. A through M with the exception of F. I do have a motion to approve as presented. I do have a second. Do I have any further comment from the council on this?

[0:22:51] Do I have public comment on the consent agenda before we call for the vote? All in favor of accepting as presented, please say aye. Aye. Any opposed nay? Put a 6-0 on it please Brian. F is consideration of authorizing the mayor or city managed to execute a lease agreement between the city and mobile maintenance, LLC for the building and property on 616 North Washington Street for activities associated with the Boy Scouts of America program and Carl will be taking this. Ms. Grant-Samp, would you please? I'm not familiar with the property per se, but why is it that we maintain ownership of something that we don't need? It is city property. It is kind of tied in with park property across the river from Harman Park along the river. And usually with properties along the river, we tend to keep those properties. If you're interested in divesting ourselves of it, we can look at that. Do we have any plans for that property, long term, in any park's master plan? No. We're just holding on to property. River property. OK. Thank you. You want to prove? move to approve as presented. So I can do have a motion to approve as presented. I do have a second council discussion. I don't want to visual I can't place for the building it's it's North Washington, north of the loop and right on the river near that bluff where the those apartments are on the bluff. The parks headquarters right across the river from that one. I'm always interested in what might have some private sector investment potential, but anyway, thank you for your answer. public comment on this item call for the vote all in favor of accepting this as presented please say aye. aye. opposed nay. put a 6-0-0-7 please Brian. and now let's drop back in our agenda to item number five which is to canvas the agenda to consider adopting a resolution canvas in the returns and

[0:24:54] declaring the results proposed city charter changes of the special election held on November of the third, 2015, City Clerk Brian Kindrick. Mayor, I've provided you the sheet that you need to read into the record. And I just wanted to thank the Charter Review Committee for their work. Again, I think that's, and the vote is indicative that seven of the eight propositions did pass, and that's a pretty high percentage of their work. So I just wanted to thank them and allow you to go ahead and read it into the record. And the walls are pretty fair, turn out. That's what I wanted to state. I was going to do it in public comment, but I waited till here. You know, I'm so proud of the charter committee, the work that they did, the long hours that they put in, to get close to 15% voter turnout when no one was running for office. I think speaks volumes for what was done and to get seven of the eight items changed and passed is outstanding and to me when I said go vote let us hear you and we heard you and I think it speaks volumes for the turnout. Was a good turnout. Okay I got three pages to read and you said I'm supposed to read everything on here except mayor reads the following. Yes sir. Okay. A resolution of the city of San Angelo takes his canvassing returns of the special election. Hilton said city on the third day of November 215 for the purpose of submitting to the qualified voters of the city of San Angelo the adoption or rejection of certain propositions each providing for amendment to the home rule charter and declaring results providing in a severe servility clause and providing for an effective date. Now Therefore, be it ordained by the City Council of the City of San Angelo, Texas. The findings set forth and the proposed resolution are found and determined to be true.

[0:26:56] The City Council of the City of San Angelo, having canvassed the returns of said as special election and all election procedures heretofore occurring, finds that the said election was duly and properly ordered, that due and proper notice of said election was given, that said election was in all respects regularly and lawfully held, and that said election returns therefore have been duly and legally made and that the following propositions receive the following votes proposition number one yes four thousand six hundred and ninety eight no two thousand four hundred and forty proposition number two yes four thousand eight hundred and eighty seven votes no two thousand two hundred and thirty votes proposition number three yes six thousand three 381 votes, no, 771 votes, proposition number four, yes, 6270 votes, no, 836 votes, proposition number five, yes, 3,744 votes, no, 3,387 votes, proposition number six, yes, 6,327 votes, no, 1069 votes. Proposition number seven, yes, 5,359 votes, no, 1,644 votes. At Proposition number eight, yes, 1,913 votes, no, 5,268 votes. Pursue it to the applicable provisions of the Texas local government code, Texas election code in the city of San Angelo. Home rule charter, the city council officially finds the determines and declares the results of said election to be that. Proposition number one was duly adopted by a majority vote of those voting on said proposition at said election and be it further ordered that section eight term of office with the charter of the city of San Angelo b and the same is here by amended is set forth and proposition one proposition number two was duly

[0:28:57] adopted by a majority vote of those voting on said proposition at said election and be it further ordered at section eight term of office and the The charter of the City of St. Angelo B and the same is hereby amended to add a provision to set forth and set forth in Proposition 2. Proposition 3 was duly adopted by a majority vote of those voting on set proposition at set election and be it further ordered that Section 9 Qualification, sub-part A of the charter of the City of St. Angelo B and is hereby amended to set forth in Proposition 3. Proposition 4 was duly adopted by a majority vote of those voting on set proposition at set election and be it further ordered that Section 9, qualifications of the Charter of the City of San Angelo V and the same is hereby amended to add a provision is set forth in Proposition 4. Proposition 5 was duly adopted by a majority vote of those voting on set proposition and set election and be it further ordered that Section 10, compensation and attendance of the Charter of the City of San Angelo V and the same is hereby amended to set forth in Proposition 5. Proposition number 6 was duly adopted by a majority vote those voting on said proposition of said election and be at further order that section 14 vacancies of the charter of the city of San Angelo B and the same is hereby amended as set forth in proposition six proposition number seven was duly adopted by a majority vote of said voting those voting on said proposition is said election and be at further order that section 47 initiative and referendum subpart g of the charter of San Angelo city of San Angelo B and the same is hereby amended is set forth in Proposition 7. Proposition 8 related to Section 60, Chief of Police was duly rejected by a majority vote of those voting on said Proposition of said election. It is further ordered and said amendments to the Charter of the City of San Angelo, Texas are adopted and the Mayor shall make the certificate to the Secretary of State and the City Clerk shall Our record such amendments as provided by the VTCA local government code 9.007.

[0:31:00] Now that I've read all of that, I need a motion to accept the findings and to adopt this resolution. Motion to approve. Second. Do I have a motion to approve as stated? I do have a second. Do I have any of the council discussion before we take the vote? Do I have public comment before I call for the vote? All in favor of accepting the canvassing of the results as has been read, please say aye. Aye. Opposed nay. Put a 6-0 on that in my friend. Let's move on now to the regular agenda, which will be under number 7 on the agenda, item number 8, first public hearing and consideration of approving a request from SAISD to authorize and amendment to the vision plan, component of the San Angelo comprehensive plan to change the future land use designation from campus institutional to commercial on 1.761 acres located at the northwest intersection of Nickerbock road in south Jackson street. The presentation will be the planning and service directors. Mr. John James, you have the floor, sir. Thank you. Again, John James, director of planning and development services. This first item is also actually related to the second item, but this is a vision plan amendment or an amendment to the city's comprehensive plan. Corner of Knickerbocker and South Jackson is 1.7 acres. The request is for an amendment to the comprehensive plan to change the future land use designation from campus institutional, which is what it is today to a commercial designation. You can see here that future land use that the three corners of that intersection are currently designated commercial, everything to the northwest there is campus institutional, but as you'll see that that particular corner is not intended to be used for any campus or institutional use, and so the intention is to change that to allow for future commercial or retail use.

[0:33:07] Similarly, the zoning is currently office and commercial, but the upcoming item you'll see is a request to change that to general commercial, again, to allow for future commercial development of that property. Just a few photographs of the area. You can see that, again, three of those adjacent corners are already commercially planned and mostly commercially used, and this would fit with the character of that area. I won't read through all of these. These are in your staff report, but there is rationale for approval for these. Again, the existing commercial in the area, the lack of a planned use for campus institutional purposes on that site. It is on major roadways and so does lend itself to commercial development. We did send out our notifications to the surrounding property The owners were received two in favor and none in opposition, and the staff does recommend approval, as did the Planning Commission unanimously. With that, I'd be happy to answer any questions. Ms. Grande, this is in your area, I would like for you to take the lead, please, ma'am. John, just going back to the rationale behind the staff recommendation, do you feel in any way that this could encroach inappropriately on the surrounding kind of campus uses that are in that area. I know we see tennis courts. Kind of what are your thoughts on that? We don't think so because it's isolated. It's not like it's kind of in the middle of the campus. It's right at the edge of campus where you're already transitioning to commercial uses. And so with that separation from, I mean it is right there close to the tennis courts, but it's a little bit of a distance away and from the stadium. And so given that proximity to the other commercial uses and the separation from the campus, we didn't see that as a problem. And the proponent on this project is SAISD, is that correct?

[0:35:07] That's correct. They currently on the property and they are the applicant. Mayor, I would make a motion to approve as presented. I'll second that one. Okay. Do you have a motion to approve? It's presented. Johnny has given the second on this. Is there any further questions from Council? Do I have public comment on this item? All in favor of this as proposed, please say aye. Aye. Opposed, nay. Put a six hole on it, Brian. B is the first public hearing in consideration for case Z15-08, an ordinance approving requests from SAISD to authorize the zone change from office commercial CO zoning district to general commercial CG zoning district on 1.761 acres, probably the same piece of property, isn't it? Located at the northwest intersection of Necabaka Road in South Jackson Street, Mr. James. Yes, as you mentioned, this is the exact same piece of property. The first item you just looked at was changing the comprehensive plan to a designation that is consistent with commercial uses, and this is the follow-up zoning case that would rezone the property similarly to allow for the commercial, a broader range of commercial uses than or what are allowed in the office commercial that's the current zoning. Go quickly through these. These are the exact same slides you just saw. He's still running your slides. I'm still going. I won't read through these. Again, the rationale for approval, but again, it's the same as the previous case. There is commercial in the area, and there are no negative impacts that staff could foresee. Again, this one we did send out the notifications received to in favor and none in opposition, and so staff and the Planning Commission recommends approval. I have, I know folks in the area that own property and they're very interested, of course. I think they're also very optimistic to see development and kind of create a node there

[0:37:07] that offers more commercial opportunity to both the college, the SAISD, and other businesses in the area, a little bit more synergy. So with that said, and seeing no problem from the Planning Commissioner's staff, I would recommend approval. I'll second that one. I'll second that one. Do we have a motion to approve and it has been seconded as presented? Are there any questions for the questions from council before we vote? Public comment on this item before we vote. All in favor of the proposal to accept is presented. Please say aye. Aye. Opposed nay. Please put a 6-0 on that one, Mr. Brian. C is the first public hearing and consideration for case SU-14-05 and ordinance approving request from Darnell Construction LLC to authorize an amendment to a special use to allow the additional use of repair, fuel, maintenance of equipment and indoor storage of equipment and materials on 8.140 acres, located at 4750 South Chadburn Street. Again, Mr. James, you have the floor. Yes, this you saw recently, I think it was last year, it's about an eight acre tract that came before you to request a special use to allow some uses on the property. But as they've gotten into the project, there are additional things they wanted to do on the property that were not allowed either by the underlying zoning or that special use that you approved. And so they've come before you today for an amendment to that special use for those additional uses which include repair, fueling and maintenance of equipment, as well as indoor storage. The previous special use only allowed outdoor storage and did not allow those repair, fueling and maintenance uses. Here you can see the location, it is the future land use of the area is commercial, so that's consistent with what's being proposed. The zoning is general commercial, which doesn't allow by right those specific uses that they want to do, but this special use process would allow those additional uses.

[0:39:10] Not much to see in the pictures, but it is a largely undeveloped surrounding the property. their proposed concept plan. Again, this is already under construction per your previous approval. This would allow the expansion of the the uses that they can do on the property. There is other industrial and commercial properties in the area, although one of staff's concerns and the reason for some of the conditions that were recommended were the presence of some state residential potential nearby, not immediately adjacent to this, but it's in the vicinity. We did send out our notifications, received one response in favor and none in opposition. Staff does recommend approval of those with five proposed conditions. The Planning Commission unanimously recommended approval as well with those same five conditions. One of those would be limited outdoor storage. That would limit it to a maximum of 1,000 square feet. storage would be located behind the building so it couldn't be in front in the front yard of the building exterior lighting should be shielded to protect adjacent property owners particularly those residential no storage of hazards materials would be allowed on the side and then all of the equipment repair and maintenance would be all indoors they couldn't do those activities outdoors with that I'd be happy to answer any questions. Rodney this is yours I'd like you to take the lead please sir. Yeah we had the meeting on this and thank you for working on this and getting this all worked out. I think this works out good for both parties, the city and for the owner of the property. So I move to approve as presented. And this is, remember, this is an eight acre piece of property, it's a big property. So it's going to be more focused in the middle, it's not sitting out on the edges really, and I'm. I'll second it. Everything around it though, directly across the street to the north is commercial already and has a very similar set up to what he's going to

[0:41:12] be doing. Are the proponents here, Darnell, are you satisfied with this? Okay. Charlotte, you had a question? Yes. Mr. James, before your arrival, I've had this question. I still have the question, and I hope you're going to tell me that you've got a system worked out. Five conditions, who is going to police and ensure that that gets done and is met and stays done? Well, it's a combination one is some of the conditions would be looked at when they come in for building permits. And those are things we would check at that time. Some of the others is just an ongoing enforcement issue. For example, if they do some of the repair and maintenance outdoors, we would have to either notice it or get a complaint from a neighbor and then code enforcement would go out and look at that. And if they are, in fact, in violation, then we would follow up on that. Thank you. Ms. Grinesett. With these special uses, generally you're again trying to, I would say, protect maybe the surrounding area from some incompatible use. Can you remind me what the future land use plan says for this area? This was, I believe it was commercial, I can get back to that. Yeah, you can see all of the red area, including this, this is almost centrally located within in that commercial, but you can see it transitions to that neighborhood center uses a little bit to the south. And that's where you see that state residential zoning. It looks brown from here, John. What is that? Across the contiguous, just where the points meet. What is that? Oh, to the south, that is transitional. And so that's intended to be a buffer between the industrial and commercial to the north and the neighborhood to the south. I think, John, I think you've done a good job on this.

[0:43:12] I appreciate it, sir. Thank you. I do have a motion to accept this as presented. I do have a second. Are there any further questions from council before we vote? Do I have any comments from the public on this? David, do you like to say anything or are you satisfied? Call for the vote then and the motion has been made. Do we accept this as presented? All in favor, please say aye. Aye. Any opposed nay? Let's put a 6-0 on that one too. Alright, number D is consider awarding VMO715 fleet data monitoring hardware and service to asset works LLC under the purchasing co-op US General Services Administration GSA contract GS35F 4731G in an amount of $66,730 on initial hardware cost and $131,602 in annual subscription cost thereafter in substantially attached form and authorizing city manager to execute the said contract presentation by Fleet Services Superintendent Ryan Cramer. I would ask Council since we had a 3-3 vote on this last time and had to push it forward and we have one member missing today and we could very well have another 3-3 vote and push it forward. Since this is not pressing, I would like to push this to a further agenda. Do I have approval on this? I'd be happy to. Missy? Yes sir. Johnny good idea right good. I'm good. Okay. Let's be in back. How does this affect you though? I mean Is it affect the bid is it is the price going to go up or no, sir? The price will not change as again It is a GSA contract the biggest part that it affects is our timeline the goals that we've set for ourselves in our department We did intend to get this project moving early in the year and have it completed so that we could come to you in future fiscal years and and provide data and show show what we know we can do with it. I do have an employee that is eager and waiting anticipating getting started on this project but that is completely y'all's

[0:45:16] decision. If we can move this to the first meeting in December it's not going to. We can move in there that's my problem. If then let's go ahead and move this forward so that we have a full council so that you can get an honest vote on it right. Thank you sir. Let's go to item number E which is the first public hearing and consideration of an ordinance amending chapter seven article seven point oh six section seven point oh six point zero zero one definitions state rules by replacing 25 Texas administrative code chapter 229 with Texas administrative code chapter 228 amending section seven point oh six point zero zero two adoption of state rules by replacing Texas food establishment rules Chapter 229 with Chapter 228 and amending section 7.06.005a. Mobile food establishments by replacing section 229.169 with section 228.221 of the Texas food establishment rules presentation by Health Services Director Sandra Villarreal. Glad I didn't have to memorize it. Good morning. Good morning everyone. Yes, we are here. We do need the new Texas Food Establishment Rules adopted, so we can go ahead and continue doing inspections. Just briefly, of course, they are based on the national food codes, so, you know, the state adopts them, and so we need to adopt them as well. The last time it was amended, actually the last time, yes, that Texas amended, their rules was in 2006 was when we last adopted new rules, so it's time. There is a complete list of summary just for the viewing audience. There is a complete list of summary of changes on our website as well as Texas Department of State Health Services' websites, so we just want to make sure that everyone does know that they can go out and look at all of them, but We briefly want to just go through notable changes.

[0:47:17] And there's, through our discussions with the inspectors and myself, we came up with three that really will impact our retail food establishments. So we just want to kind of make sure that everyone does hear them. The first one is a certified food protection manager and food handler requirements. Now the state will be requiring that each individual site. Let's say I am a permit holder but I have five establishments. Well each establishment and now is going to have to have a certified food manager on site versus just the one that oversees their five establishments. As well as, and this is a very important one, every food employer, anybody that handles food or has potential to handle food, will now be required to successfully complete a a food handler training. So either online or the Ag Extension Agency, they teach those as well. But that's very important. That rule goes into effect September 1st of next year. So that gives ample time for folks to kind of come into compliance. And then after 2016, you have 16 days. Any new employees have 60 days to complete those requirements. The original certification for this certified food manager now has to be on-site and displayed at the establishment and all of the certificates of the food handlers have to be on site as well. So they need to be presented in case the inspector does want to see them, they've got to be on site. So that is a new requirement that needs, that's going to go into effect. I don't see anything unreasonable about that. We have questions from Council? I do. OK. Sure. So is it, is a state law going in effect on requiring all employees to have the food certification? Yes, they actually have the state rules went into effect October 11th.

[0:49:17] So we're actually two, three weeks behind, but they went into effect October 11, and yes, they are requiring every food handler to have a certification, to have some kind of training. And so do the state law trumps our laws that are on the book about that? Is that right, Theresa? And we're just trying to align ourselves with that. We're trying to align ourselves with what we're doing and our inspections with the food, the food. And we do use it. I mean, we use it. This is a new one, but we do use our old one and we refer to it. And this is just something that we have to adopt in order to continue to do our inspections. So by ordinance, we have to reference the new code so we can continue doing inspections. Okay, thank you. Johnny Sandra just for the view in public clarity when you say food handlers Are you talking about people in the kitchen or waiters waitress everybody anybody that has potential to come yes in contact with food? Or that serves people anywhere from the person who is wrapping the utensils because they are touching utensils To scooping ice because ice is considered a food to yes the kitchen workers bus boys bus girls And even it's got, yes, they're serving food, yes. Wow. I can't believe it passed. That part of it. It's going to be a hardship on a lot of restaurant owners. That's big government. And a lot of people, you know, that's a transient employee base, so it goes in and out of 60 days, you know, a lot of people. No, the good thing is, though, because it is transient, yes, I do agree with that. However, they might go to another restaurant, so they've already got their certification, then they can easily say I've got it here. So I mean you do have changes but they're going to other places. I mean you see faces the same faces in different places. So do you know if they offer any of those certifications online? They are

[0:51:17] online. Yeah you can do things online. There's a serve safe. They have management and handlers and again the the Tommen County Extension Agency also teaches those classes or the 12 are easy to obtain online right take a lot of time we have to bring someone in or send them out for training so it'll try to make what is that cost online Dina I think north of town it's sixty or eighty dollars it's I mean it's like sixty dollars I don't know that for a fact I think the last time I saw it was sixty dollars it's not cheap for that type of worker especially if they were the ones for it but it's a law it's a state laws already passed it's It's already passed, but it's done now. Move to approve is presented. Second. Any other questions from council? Do you have a motion to approve is presented by Ms. Farmer and the second by Mr. Silver's public comment on this item? All in favor, please say aye. Aye. Opposed, nay. Let's put a 6-0 on that. May I ask a question, Mayor, if Sandra? Can you tell us how it affects the nonprofits, churches? The nonprofits, they're still going to need. I mean, they are required to have these certifications. Now, they don't pay for their permits. So, I mean, we still require them a permit, but they don't have to pay for their permits. But Sandra, that is not necessarily a lie if the church is having a potluck lunch. No, no, not if it's just an internal. They're doing a daily thing. They're a food handler. They need for a profit. Yeah, if it's for profit. That's, is that right, if it's for profit? If they are open to the public, and they are having an event, And it's open to the public. That's a different story. If it's just in a church function and it's internal, they don't have to worry about that. No. Well, folks like the soup kitchen. They're required to permit. They're open to the public. Okay. All right. For the 6-0, only, please.

[0:53:18] Thank you. Thank you, Senator. Number AF is considered adopting a resolution sitting at numbers of votes, number of votes, to be cast for nominees for Board of Directors for Tom Green County Appraisal District. Mr. Gendry? Yes, sir, as you will recall a couple of meetings ago, we went through the process of nominating some of the Board members for the Tom Green County Appraisal District. There was an additional nominee by some of the other groups. Mike Diaz, that is in your staff report. And we have also the background, I think we were asked last time, who served, how long? That's part of your background as well. And basically, you can allocate the votes anyway you want to. There is a total of 1293 votes that we're allocated. That divides to about 184.7 for each one of you, if you want to do it that way. Or if you want to go with the nominees that you nominated and divide your votes evenly, it would 258 for each of the five nominees and that would leave three votes that you'd have to determine how those extra three votes would go. Would you give us the list of those nominees please? John Beggnog, John Kahn, Russell Dvor, Lewis Gomez, and Bob Reeves were your nominees and then the additional nominee was Mike Diaz. Council what's your choice? Do you want to divide it equally between the six do you have do you want to use another formula to give more to one and to another but I'm satisfied with the body with equally I'm okay between the the five between the six the six or do you say there's six there are six nominees but you only nominated five there's only five okay I would say I would be there was an additional nominee no the all the incumbents are

[0:55:18] or back in there, those are the same ones that you nominated. Mike Diaz was an additional nominee from a different agency that had the nominee process. So you all will divide between our original five or you want to divide votes on the six that is proposed. Original five. Somebody give me a motion on this. One additional thing. There's three leftover votes, so you'd have to determine how those votes would go. I will make the motion that we move to approve, to split the votes evenly among the five original nominees. and then the three additional votes. Oh, wow. Go to Mac Dias. No, no, okay. No, he's the other one. He's for the, okay. We'll give two of them an additional, or three of them an additional vote then. Which one, which three would you like? John Beggna. John Beggna. I'd give the additional three in my motion to John Beggna. Okay. Okay, motion has been made that we divide it between our original five nominees and three additional votes be given to John Beggman. Got it. It's in one second then. I second it. But I have a question with you at the second. Yes, sir. So what happens to Mike Diaz? Is he? Depends on what votes he gets from the other agencies. There are only five seats. So the five seats that receive the most votes will get him. OK, I see. I still find it interesting that there's no women involved in this. I did too. Considering our percentage of the population, And nobody's, yeah, we haven't really seemed to be open to nominations. I was in North Dakota when we did the nominations, but I'm willing to let it go as presented. That was my motion. But I do find it interesting. Well, I think next year we need to be a little bit more thoughtful in this and maybe start working on it earlier. I wouldn't feel the same way. When we bring this back in two years,

[0:57:18] I'll include that as part of the background that that discussion was had. so that we can. I'm fine with that, I'm fine with that, but I think we do need to start earlier in the sense of looking at other people to serve in the community to add some diversity to this, but would make the motion, or second the motion to go forward with this list. As y'all look. Okay, Charlotte has made the motion. Who's seconded, Johnny? Johnny, okay, we do have a further questions from Council before we take a vote. Public comment on this item, all in favor of dividing them, has been presented equally between the five with the additional three going to John Beggnaud please say aye. I suppose nay. That'll be a 6-0 on that one Mr. Brian. Adam G is discussion and consideration of the possibility of issuing wordy baits of water fees. Morgan check with you have the floor ma'am. Good morning Council this is required by Ordinance to be before you today of course we spend a lot of time talking about water financials recently and so it's your pleasure we can move through this and and get straight to the action related to it that the estimated fund balance the unaudited fund balance is a minus three hundred thousand dollars in the water fund as we've been discussing that goal of course would be to be almost four point eight million dollars so staff recommends no action related to the rebates because of the financial performance. And this is one thing that we talked about in Charlotte's meeting the other the day we promised the public that even with these rate increases if they are if they are voted in that this would remain part of something we would do each and every year to keep these things within line and they were they wanted it is that a safe thing to say that it was brought up several times that we have it by ordinance to look at it twice a year April November and if the fees are

[0:59:27] exorbitant and we have way more money than needed in a 75-day then it can not only be reduced but it can be rebated. And we have we have made adjustments two times since this ordinance has been in effect since 2006 so this is a very important ordinance we do need to keep this. Do I have someone who wants to make motion on this move to approve second do have a motion to approve as presented which would be no adjustments this time Johnny has seconded further comments from Council or questions public comment on this item all in favor of accepting as presented please say aye aye opposed nay let's put a 6-0 on that one as well bill. Thank you. And we have ran out of agenda. As far as the closed second executive, there are all the executive decisions have been pulled off of the agenda. So there is nothing that we have to deal with in our executive that will take care of then item number eight sections A and section B, which leads us to section number nine of our regular agenda, which is follow-up and administrative issues. A is consideration and possible action on matters discussed and executive closed session is needed, there is nothing to discuss because we did not have it. And number B is the announcement, consideration of future agenda item. Start with you, Ms. Grindstaff. I don't have any mayor. Ms. Lizzie. I don't have anything. Ms. Charlotte. I have one item that I would like to ask council if they would like to discuss for public purposes And there's been a lot of hype in the media about it lately. And it seems that Texas does have 10 cities that are considered the safe sanctuary cities. San Angelo is not one of those 10 cities. But I was wondering if Council would just entertain a discussion with the folks

[1:01:27] who handle that type of information, to if we're working together to comply with federal law, state law, if that is acceptable to the rest of council, I would like to put it on the agenda for discussion to know how San Angelo is meeting the standard. And the other item that I would like to mention to everyone, I'm Charlotte Farmer. Thank you, thank you, thank you so much for thinking last night that I was Elizabeth Grindstaff. I'm considerably older than her, so I appreciate the comments. My district is district six, and hers is district five, but I had three different folks last night to send Miss Grindstaff. I've looked forward to meeting. So. You think of them? I did think of them considerably. That's funny. you have any thanks sir Rodney I got a text about that car again it's the car is on the bridge at 306 in South West or College Hills it's been there for three days so it's not on private property that's a different car yeah we'll take a look at yeah we need to get somebody over there and get it off of there did you want to to reiterate what you they asked me put on the agenda for next week for about the trailer parks in the trash and the water situation that's down okay yes please I'd like for it to be taken care back on go get that yes I like for it to be taken care of before them because the trash cans are going away before the end of this month before our next meeting and the situation but if not be on the agenda yeah yes sir okay anything else okay number 10 is the adjournment I I move waiting for the motion. Move to adjourn. Second. And all in favor, please say aye. Aye. This meeting is over. This is a record. This is never done. You love it.

[1:03:27] Everyone should be like this.

Transcribed 2026-07-27 with faster-whisper (base.en) · source: youtube.com/watch?v=7m15CycK6uM