Planning & Zoning Commission - Regular Meeting

Alright. I call this regular meeting. The planning is only commissioned to order on Tuesday, 03/24/2026 at 6PM. May we have roll call, please?

Sure can. William Magnum. Randy Bryan. Here. Michelle Burleson. Here. David Case. Here. Lupa Costilla. Here. Mariah Dunn. Here. Allison Hardy. Here. Lucy Johnson.

Here.

Rodney Van Odekirky. Here. We have a quorum.

Before we get started, I'd like to welcome back Commissioner Burleson. I'd also like to welcome Commissioner Hardy, Commissioner Brian, and Commissioner Johnson. Thank you all so much for joining us here today. We're very excited to have you all here at the Planning and Zoning Commission. I'd like to welcome everybody to tonight's meeting. We ask you please sign up to your cell phones. The Commission may only discuss items posted on tonight's agenda. The commission will strive to ensure that meetings are conducted in a courteous manner in an atmosphere free of defamation, intimidation, personal insult, profanity, or threats of violence. This now brings us to our assistant comment period. Billy Ray Callahan, if you'd like to speak, please come to the podium. Please state your name, and we have three minutes. You'll see the timer. That will be green, then it will turn yellow, and then it'll be red, and it will make a bell set noise to instruct you that your time is up, if you may.

Hello. My name is Billy Ray Calley, and I live at 740 Center Street here in St. Marks, Texas. And this letter is addressed to the Planning Zone Commission. And for for this evening, 03/24/2026.

I'm Bill Ray Callahan. I'm requesting a town halls meeting with the city council and the Planning Zone Commission to discuss the following issues. Number one, neighborhood zoning, and number two, the historical preservation commission and its allies habitat for the humanities and preservation Texas. The Armstead Apartments on Valley Street in San Marcos was a historical building recently purchased by mister and mister David Zings. The Zings at that time proposed to build a three story apartment building at the address of 734 Valley Street.

This was very concerning to the neighborhoods of Dunbar. Therefore, I am requesting a town hall's meeting so that the interested parties can all come together and sit down and discuss the following issues. And those issues are single family six, which is zoned for married families only raising children. In other words, homestead living or homestead housing. And number two is appointed multi family 24, which is zoned for apartment buildings that are three stories high.

In other words, student housing or the gentrification of Dunbar. There are many concerns about having students living in and near areas where children live and play. So I say no to Maltese family twenty four for it only promotes student houses, gentrification of Dunbar, and raising of our high taxes. The following parties that are requested to be at that town hall's meeting is from one to thirteen, and they will be presented at the city council meeting awake from tonight on 03/31/2026. Thank you for listening.

Thank you.

Thank you, mister Callahan. That brings us to our consent agenda.

I move to approve the consent agenda.

I'll second.

Motion to approve by commissioner Costilla, seconded by commissioner Burleson. Any further discussion on this item? Seeing none, roll call vote. Sure can. Randy Bryan?

Aye.

Joe Burleson? Aye. David Case? Aye. Lupi Costilla? Aye. Mariah Dunn? Aye. Allison Hardy?

Aye.

Lucy Johnson?

Aye.

Ronnie Van Odergirke? Aye. The motion carries.

Thank you. Now brings us to our presentation.

Receive a staff presentation on the FY 2027 capital improvement program, CIP.

Good evening. Sean Condor. I'm the director of engineering capital improvements. I'm here like him every year to go through the CIP. So really, purpose of today's meeting is to provide an overview of the FY 2027 capital improvements program. Next slide. So the role P and Z is established through the charter, which states submit annually to the city council not less than 120 prior to the beginning of the fiscal year, a list of recommended capital improvements found necessary or desirable. So I will be presenting to the PCC three times. Today, we're gonna give you the overview of the CIP. The next meeting on April 14, we'll have a discussion and public hearing.

And the meeting on April 28, the third conversation, is where I actually receive the recommendation of PNC that I will then take forward to counsel. Next slide. So the capital improvements program, it's long range plan. It's scheduled for capital projects and system assets. So it identifies workload for departments. It's used to identify funding needs for the city. It's an it's used to identify funding options for the city as well. It is a truly a planning tool in which the first year is all that's actually being approved in the budget. The years two through ten are really placeholders to help us identify those funding needs and options in the future. Next slide.

So what is the capital improvements project? It's a major capital project. It generally involves a significant expenditure of funds beyond operations and maintenance costs for planning, design, acquisitions or construction of a needed facility or infrastructure. The total project should exceed $100,000 and tied to a long term asset. The source of projects typically comes from city departments, but they are identified in plans, they come from operations, council direction as well as citizen input.

Next slide. So when we talk of difference between a capital improvements project and something that's typically handled through our operating budget or operation O and M. So when you think about a pothole repair, that's something that's going to be done by the operation side. But replacing a road, that'd be a CIP, a capital improvements project. Main breaks are typically handled by operating budget versus replacing entire main would be the capital improvements.

We talk about a pump replacing a pump to lift station that something's typically operation main. So think smaller scale, smaller dollar amount, something that's more easier and quicker, if you will, to address and lost definitely a lot less impactful to the budget. Replacing the lift station, however, that would be a CIP. Same concept on a building, replacing Waterloo building, operating budget versus a new building CIP. So just kinda differentiate between should it be in CIP or should it be in the operating budget. It's got to go somewhere, right? Next slide. So we'll talk a little about the project complexity. One of the the number one complaint you're always going to hear is these projects take too long, why they're taking too long, or getting too expensive, what's going on. So when you look at a project, you got to think of two factors, scope and the project factor.

So the scope is what is part of that project? Is it just a simple water main or is it a water main wastewater storm water street construction? The more components of that scope we have, and the absolute the project factors, is it mandated, is it a lifecycle issue, do we have multiple project partners, the more folks you the more impact you have, like Hays County or Texas State, they work with the solar project, the more those external partners really impacts the schedule and grant funding. Anytime you have grant funding, it's going to add years to the project while you get through the grant process and go through those extra steps, that red tape, if you will, to get the funding. Utility conflicts are right of access are another big impact to our schedules.

When you look at a project, you have to look at not only the scope or the factors that determines the complexity. And the more you have on the left side of the equation, the longer it's going to take and the more it's going to cost. Next slide. So let's talk about typical life cycle of a project. A simple project is typically less than a million dollars, and from the time it gets approved for funding to the time it's done, it's typically a three to four year process.

When you look at complex projects, that's typically the 1 to $10,000,000 range. That typically takes five to seven years from the time it's funded to the time it's completed. And then you look at very complex projects, those are projects typically over $10,000,000 Those are easily eight to ten plus years worth of projects. What's important to note is when you look at the CIP, we typically fund the last year of construction the last year of funding is for construction. We always program worst case scenario or best case scenario rather.

That way if something comes up, it's always much easier for us to delay a project and defer that funding versus move something up because that funding is already allocated for something else. So it's very typical that we'll delay projects as challenges arise until construction is ready to proceed. Next slide. So let's talk about some of the CIP funding challenges we're currently going through. Recently, the because of our financial situation in the city, we had to cut back on our general fund in the CIP, and the budget was reduced from 20,000,000 to 10,000,000.

So our general fund for the CIP is basically cut cut in half. When you look at the storm water, we're capped at $5,000,000, which is nowhere near what it needs to be to do storm water projects. And I'm gonna touch on this a little bit greater detail in the next few slides. But the 5,000,000 is just not cutting it for the the amount of drainage project we need to do in this city. When you look at the utility rate our utility debt models, our debt does not fall off till 2829.

And what that means is the only way to add new debt or add funding to fund these CIP projects is through rate increases. One thing you're gonna hear over the next several years is we're going be shifting our focus from acquiring water to treating wastewater. So if you've been keeping up the last twenty, twenty five years, it's all been about Alliance Regional Water. Well, we got that figured out, so we think at least. Now we're gonna start treating that wastewater.

And so we're gonna be talking wastewater a lot over the next several years. And those are that comes with the big dollar tag as well. When you look at construction costs, budgets just aren't keeping up with inflation. I mean, estimates have doubled since COVID, and our engineers are still struggling to get accurate estimates for projects. When you look at project scopes, they're just becoming more and more complex as the needs arise or increase in the city, and these neighborhood projects are becoming more and more cost prohibitive.

Next slide. So what I wanted to do here was kind of show you an example of what I'm typically given as a constraint at the beginning of the year versus what some of these bigger projects are costing us. And so that column that says typical CIP constraints, what that is, is I sit down before I meet with the department to say, hey, finance team, what can we fund with our CIP next year? And so they give us those bumpers, if you will. And so when you look at the general fund, they get to say, try and keep the CIP to 10,000,000 for general, 5 for storm, 15 for water wastewater, and 10 for electric. So when I start these conversations with the departments, we're trying to get a $40,000,000 CIP in front of folks. Well, I'm gonna

go over this project in greater detail,

but look for now, just focus on the dollar amount. The dollar amount in red exceeds that typical trait. So when you look at Sunset Acres, we're spending or allocating about $50,000,000 to that area. And just at the on the general fund alone, we're asking me about 12,600,000.0 for if I had that as a single project, only have $10,000,000 in the CIP. When you look at the stormwater improvements, we're looking at $24,000,000, and we only have $5,000,000 a year for stormwater improvements.

When you look at Wallace edition, it's the same scenario where we got over nearly 50,000,000 worth of improvements, 15,000,000 is for general fund, and 23 for storm, which way exceeds our annual capacity for the CIP. We look at the the historic district, the Bishop Belvern project. That's an $18,000,000 project that is needs at least 10,000,000 in storm water where, again, I've only got 5 on a typical annual basis. And then a new reclamation facility, that's a $300,000,000 project when it's all said and done. Look at all the components associated with that. So this is just to kind of show you we can't just fund everything in one year. We've to do something. So next slide. So we look at the funding. What can you do?

Right? You can either increase revenues or decrease expenses. Those are the two options we've got, right? You increase revenues through new accounts or rate adjustments or you decrease expenses by reducing your operating expenses and reducing the amount of debt you take on, right? Those are our two options we've got. Next slide. So let's talk about that a little bit. When you talk about increasing revenues, really as city staff, we don't have near as much control over that. That typically goes there's a political influence, there's council influence. There's all sorts of things that we really don't have a lot of say in.

But if you think about it, increase utility rates, increase tax rates. You can also do a bond election. You can do economic development to increase sales tax or property sales tax, or you can increase fees and add new fees. Again, we as a city staff don't have a whole lot of control. We can make recommendations. At the of the day, we don't make these decisions. We do have control over decreasing expenses. We have a lot more control in fact. So this is the strategy we will typically use as we'll delay projects. We'll continue to design the projects in motion.

We will defer some maintenance projects. Now if you own a home, you can only defer maintenance projects so long before that catches up to you. But we have been deferring projects to make these projects move for these other projects move forward. We can reduce the scope of a CIP project. For example, instead of bringing an entire neighborhood up to current standards, we could just add a relief project. We can break it up into multiple phases and spread out funding over several years. And this is probably the one we're lean on the most is dividing these projects into smaller phases and spreading it out. And we pursue alternative funding. We've been hitting the grant funding very hard the last several years, and we've been successful, but it does impact project schedules and budgets. And we share cost of projects.

We'll partner with Texas State. We'll partner with Hays County. If we're lucky, we'll get something out of Texas to help share some of costs. Next slide. So we talked about the capital risk funding. We typically break it into five categories. We have the general fund, which is funded through property and sales tax as well as license and permits. We got the storm water fund, which is funded through storm water utility fee. The electric fund, the electric rates, water wastewater fund, the water wastewater rates and impact fees. And then, of course, external funding is through some grant funding.

Next slide. So when you look at the 2027 CIP, this is where we stand as of today. We're at 60,000,000, a little over 10 in general, 5.2 in storm. Water wastewater way exceeded our $15,000,000 target of $36,000,000 and electric's at 9.1. Next slide. So we look at the schedule. It's typically a year long process. We always start it in the 2025. That's when I meet with all the departments to see if these projects are ready to go on their end, what's the latest, do we need to move stuff up, back, what do they need on their needs that aren't shown on list? Then we take the draft CIP to Neighborhood Commission, which did that last week on the eighteenth.

And then today is the first of three meetings with PNC. And then I will have to take the recommendation to council by May, by May 19. Then we go through the budget process to the summer, and then I actually present the final CIP. So if anything through the budget process, sometimes things happen, things change. That's my the last opportunity to make any tweaks to the CIP, which then I present in August, and it's actually formally adopted in September with the budget. Next slide. So let's go back to those big projects I talked about earlier. There's a lot of projects that keep coming up that I wanna make sure I touch on for folks so they know where they're at, where they stand, and what's going on. We're gonna talk about the Sunset Acres Subdivision detention pond project. We'll touch on the Wallace Addition off-site drainage improvements subdivision.

We'll talk about the ICE 35 shared use connection path as well as the stuff that's going on in Cape Road right now. And I'll talk about the new water reclamation facility. Next slide. So the next few slides I got basically aerials. I try to cover what the project is, what we've done, what we still have to do, and roughly what the time schedule is. And I'll warn you, this is not every single project in the CIP. These are the kind of the key projects that I get the most feedback from folks on that that I anticipate are wanting the most information. So let's talk start with Sunset Acres.

The first project we had to

do there was the IH 35 improvements, just shown in blue. That was completed in 2025. And what happened there is in order to get the Sunset Acres neighborhood to drain, you have to build the drainage infrastructure downstream. And so we partnered with TxDOT when they're doing their IH 35 project, we oversized. Gave a little over 5,000,000, 5,000,000, 6,000,000, I don't remember the exact dollar amount, basically to make larger storm pipes and they constructed that with the improvements on I-thirty 5.

Then we got the project number two there in the green is the wastewater main improvements which was completed in '24. We accelerated that portion of the work based off some of the the feedback we received from folks at previous meetings. Then you got the neighborhood improvements. That projects, we're sitting somewhere around 35 to 40,000,000. That project is it can't be broken up in two phases. And and the reason being we reached out to contractors. Contractors don't have the bonding capacity to do a project that big. So if we were to go out for a $40,000,000 project, we would either get no contractors or the contractors out of state. And so the feedback we got from our folks is trying to get around the $20,000,000 mark. We'll have a better shot of getting the folks to bid it.

But so that is still moving forward. We're anticipating that it's going in 2027, the first phase. That project did get a $14,000,000 grant through the federal government. So that's really helped alleviate and actually accelerate some of that work on that project. And then you got the detention pond there in yellow.

That project was sort of slowed down by the school when they expanded the site. Since then, we have applied for a grant and we've been preliminary notified. So we haven't officially received it, but we're pretty, let's call it 95% sure we're gonna get a grant for $4,000,000 to to make those improvements there. And so right now, what's holding that up is we need that grant to go through final approval process, if you will. And we should start construction there in 2028, assuming the grant sticks to the schedule we submitted for application. Next slide. Next up, let's talk about Wallace Edition. There's a lot going on there. I'm just going to start from left to right. There's a blue line there, Texas State Highway 123 sidewalk.

Texas actually leading that project and they are basically to get think of filling in the sidewalks along 123. They're anticipating that project to go to construction in 2027. The city is not involved. We are partnering with them as far as doing plan reviews and continuity, but they're really it's being led 100% by textile. Then you got the neighborhood improvements, project number one there. It's basically in the middle of the neighborhood. That's about a 20,000,000 to $25,000,000 project. We're anticipating that starting in about twenty twenty nine ish, but really we can't do that one till the stuff around the neighbor's done. Basically, so what's happening, the water comes across the neighborhood and it just floods the neighborhood. And so we're gonna capture it on the by the fish hatchery and route that flow around the neighborhood, we're gonna catch it at their Staples Road 123.

We're gonna widen that channel on Cape Road and force that water down so it all gets to the river without cutting through the neighborhood. So the, we call it project three there, the shared use path. We actually just received a grant from TxDOT for about $2,000,000 on that one. We had a meeting today on that one. So we had to break out that portion of the off-site improvements in order to satisfy the grant requirements.

So that's about a $6,000,000 It's along Cape Road, and it will widen the ditch there now and we're gonna add a 10 foot shared use path with that particular project. Then if you go to project two, the top right, that's the IH 35 shared use path that creates that East West connection that we're lacking. That one had a little over $2,000,000 in grant funding as well. That project should start construction in 2027. We're sitting about $3,000,000 right now.

Then if you look at project number five, that's the Cape Road bridge repair. So if you driven Cape Road in the last six months, you would know it's down to one lane and folks coming from walls or yeah. From the wall station area, you got to go around. And what's going on there is there's basically an old bridge where someone slapped on half a bridge to it. Well, that part they added on is failing, and we can't have cars coming across it. So we've closed it down. The design is done. Right now it's going to an environmental because of the sensitivity of the San Marcos River, environmental there's some environmental clearance that we still need to achieve before we actually start turning dirt. We do anticipate starting that later this year and actually getting that back open to folks. It will be a fairly quick project once it gets going.

But what that has done is it created an opportunity that, hey, we know with that bridge getting fixed, we're going actually widen it so we can put a shared use path through there. If you've gone through there now, you know you can't put a sidewalk through there. We're going to widen it to make sure to accommodate a future shared use path. And then what we're going to do with Project Four is we're going pursue a shared use path through CAMPRO funding. So we've already talked about our financial constraints that we can't pay for anything, right? These types of projects score really well for transportation alternative type projects. And so we've submitted an application to CAMPRO to start the first the design, if you will, of this shared use path along Cape Road. We feel really good about it. In fact, we partnered with Hays County. They're contributing up to a $100,000 to help pay for that design, which we think will make our application look even better.

So it will be a slow process, but we think we can get this thing funded. It'll probably be a 5 to $10,000,000 project depending on how it the design plays out, but it's something we're gonna keep our efforts and focus on, particularly with that federal money that we think it'll score well with. Then you've got the Cape Pond Park project that Hays County is leading. We're talking with them about what's going on. They're they haven't really moved that project too much on their end. So I can't really give a good update because I don't know what what where they're going with it. But it's my understanding. It's still moving forward. I think if I had to guess, maybe some of the funding with the bond election lawsuit might held it up, but I'm just speculating. And then we got Wall Street Number six, the Wall Street's off-site.

That's the drainage cutting through the fish hatchery. We're about 16,800,000.0 right now. We should start construction in 2027. That's when actually we had some storms. There's a disaster that came through, so we we applied for a grant for that project as well for about $5,000,000 associated with the twenty twenty four storm. So, we're hoping that will get some traction with with those folks reviewing grants. But if it doesn't grant, we do have money set aside to go ahead and proceed with it. So, we're anticipating that starting in 2027. Next slide. Alright.

So let's talk about the historic district area improvements. So we did we've done a lot of work there over the last fifteen years or so. If you look at project number one, that's the Hunter Road improvements. It was completed in 2020 or 2015 there in blue. Then if you look at the red line, that's Hopkins Street improvements, which was basically from Bishop to Moore Street. That was completed in 2021. Then that light blue project number two, that's the Strava Street outfall. That's basically capturing all that drainage from that red line upstream or, I guess, call it the west and funnels it to Purgatory Creek. That was completed in 2019. Then we got project number four, the yellow dot there, yellow line, that was the Belvin Street outfall.

That was completed in 2025. And then we're currently trying to wrap up the project number five, which is the Bishop Bishop Belvin Street outfall project. That's about $17,500,000 project. We're hoping to start that in 2027. Next slide. I think this is the last one of the project overviews. Then we got the new water reclamation facility. So as I mentioned earlier, we're bringing a whole lot of water to city with the Alliance Water Regional. Well, when you bring that water, you got to treat it. And if you've driven 110 lately, you know the development's booming on that side of town.

And so what we've done is our utilities director has negotiated agreement for these developers and said you want a bunch of individual package plans for putting a singular water reclamation facility that the city will maintain and operate, and they're paying up to 60%, 70% of the cost to deconstruct it. And what the benefit to the city is that we can then take that facility and expand it to capture all this developments happen this part of town without building a bunch of force veins to pump the flows back up to the existing railroad treatment plant and we can get some modern water reclamation facility area, but it also gives us the ability to expand. You know, they're going to we're going build a two MGD plant first, then we're going expand it to a four MGD plant and then eventually an eight MGD plant. So it's going happen over four phases three phases, maybe four depending on how the funding works out. So the first phase is project one.

It's about 100,000,000 to $125,000,000 to build that first two MGD plant, which construction should start this year. Then we have to in order to get we're going to reroute flows from that lift station off 123. And to do that, we've to build projects two and three, which are essentially large wastewater mains. And then once those are extended to the existing lift station plant, then we come back and we upsize the two MGD plant to a four MGD plant, which will probably be 100,000,000 to $125,000,000 And so again, these timelines are very dependent on how quickly development occurs, but it's going to be over the next ten years or so. Next slide.

Okay. So the CIP books. So we present the CIP, we have a nice fancy book there. We give a good program overview, a project list. For the projects actually approved in the 2027 CIP, we we have a map of the projects that shows them all on a singular document as well as a project list. And then for each individual project, we have project sheets as well as the linking it to the comprehensive plan. And then eventually we're going have the planning zoning recommendation there after these meetings are all done. Next slide. We do have an interactive map. So some folks like the hard copy, some people like the digital maps.

So these digital maps will take you to basically, they'll generate those project data sheets that you see in the in the CIP book itself. So you can filter it by year, by fund, you can zoom into areas, zoom in and out, all the good stuff you like to do there. And you'll provide feedback too. So let us know if you see something you want us to change. Next slide. So the spreadsheet is kind of the one and all thing, you know, the one that kind of summarizes the CIP for everybody. And so if you pull the CIPs, if there's one document you take out of that book, it's the CIP spreadsheet. And so what we do on

the far left there, we group it by

category to begin to get what type of funding is involved. If it's a multi cat, meaning more than one funding source, we'll call it multi. In the middle there, we indicate the supporting strategic initiatives, comp plan goals and prioritizing rankings. The rankings are typically from they go from one to 10, but to make the CIPs got to have a five or higher. And all that does is when we can't meet our CIP constraints, meaning we're at 10,000,000 and I got to get down to five, it's a tool we use to help justify, let's take it in theory the lower ranked project should get pushed out before a higher ranked project.

That's all that means. There's more detail in the project book about the rankings itself. And the funding column basically shows the funding source and then of course the year that we need the funding. Next slide. Now the CIP spreadsheet is a little bit colorful, but there's really three colors to pay attention to. The first is that brown highlight that just indicates the project is a good candidate for TERF funding. And so if we do a food funding that year, we'd go to the TERF board and get their blessing for funding. And ideally, that will help us to not use our general funds because then we use the turf fund instead. The blue highlighted are potential bond projects. So those are ones that we're identifying.

We'll show on the next slide here, but those are ones that we think make good bond project candidates. The pink projects, the pink highlight are impact fee eligible project, and the white and the gray is just a way for us to break up the spreadsheet, so they really don't mean anything. Next slide. So the bond election, I've been talking about a bond election for the last few years, but right now we're sitting at about $165,000,000 but just to be honest with you based off the economic uncertainty and the way things are looking, we're going to kind of table that for now. And it's really we're not going to be pushing that concept for compensation until we get in a better state on our funding, if you will, our general funds.

But it'll probably be no sooner than 2031. I will say this though, there are projects that were identified for bond election. We will continue to pursue grant funding. The one that jumps to mind is Purgatory Creek. That's like a $60,000,000 job. We know bond election might be the only way it gets funded, but we do feel we can get some smaller grants out of that. So we'll break that up into smaller components and try and get some grant funding that way. Next slide. So next steps, I present the CIP today. In theory, you go home, you review it, you read it, and you come back to the next meeting, you have questions.

We have the public hearing and discussion at the next meeting on the fourteenth. And then on the twenty eighth is when we'll actually formally receive the recommendation that I will then take forward to council. Next slide. And we're at the end. So at this point, I'll pause. This is where you can get the CIP. There's a hyperlink there. You can scan the code. If you like a hard copy, we have them at the library and in our offices there. I will pause for questions. Or if you can't think of any, I'll also be here next week and the week after, or the meeting after.

Does anybody have any questions?

Yes. Not so much a question. Sean, I'm on my sixth year, starting my sixth year. And I think the issue regarding the Wallace edition has always been a question and a concern of mine. Initially, that project was on a bond, listed as for a bond.

And then after much discussion among this dais, I think the city council bumped it up to a project that's being worked on. It's concerning to me, and I understand what the steps you outlined, but it still remains a concern to me. This particular area, the Wallace edition, has endured so much in the past. And we're still at a standstill here. Just from hearing your presentation, we're looking at several years down for it to be a complete project. Am I understanding correctly?

To be completed, yes. But it's not at a standstill. Yeah.

No, I didn't say that. I didn't mean to say that. I'm just saying that at this point in time, that we're looking at several years down the road from six years when it was put on Yes. The taken off the the bond designation and to actually worked on. So now we're almost we're five years down the road. Mhmm. And so we're looking at how many more years for it possibly to be completed?

Oh, you're probably at least five to ten years.

It's ten years probably.

That's a $50,000,000 project.

Realistically, that's what I see probably on just for myself. So oh, I'm sorry. I'm sorry. So based on on I I have several questions. Excuse me.

I have several questions that I will be asking, and maybe it's an an opportunity for me to maybe meet with you regarding this because there are some people in that area that have asked me several times about specifically the drainage issue. Fortunately for us, it hasn't rained for it to flood. Fortunately for the flood, for the purpose of the flood, unfortunately, because we do need the rain. But at the same time, there are some concerns in that area that I think people are very thankful for the sidewalks that were, I think, implemented there, built or constructed there. We have some sidewalks there in the Wallace edition?

Yeah, probably

The streets. Think some street

Yeah, they did an overlay

or updated. But I think the issue regarding the drainage system that has been talked about for several years. We're still not even there.

We're definitely there. We the design is along. It's the the they're 95% done. The get around is just getting it started, the construction. Yeah. So I know there's some frustration how long it takes. It's just Okay.

And maybe next time, you can bring me some updates regarding where the county is with that. Because I I hear different stories all the time. It says, well, the county is waiting for the city, and then I hear, well, the city is waiting for the county. So if you could maybe Oh, I could tell

you that.

Give you

some update

on The counties we're definitely not waiting on the county anymore. We're good with the county. So as far as if we were waiting on the county to do to navigate the outfall Mhmm. At the site, we've worked that out with the county. We figured out how we're gonna navigate the maintenance to that area. Mhmm. So we're good with the county. What I don't know is where the county is on their particular project, the Cape Pond project. But I can see if I can track that down

But it's interconnected. Am am I understanding No. Correctly?

Not anymore. No. The the issue I I believe you're referring to is the county has a park project Mhmm. And our drainage cuts through it. Right. They would not allow us to tell us where to put our drainage so they had enough to know what they're gonna do with their park. So now that they know what we're doing with our park and we said this is what we're gonna do with our drainage, they gave us the green light, meaning our improvements do not conflict with each other. Mhmm. So we're both good. We're no longer dependent upon each other on the scopes. Okay.

We can follow-up on this next time around. I'll just give the other my colleagues an opportunity to ask whatever they have questions on. But since we're going to have another discussion again, yeah. Thank you. You

got it.

Any more questions? Yes, commissioner.

Yeah. I actually have several questions. And forgive me, a lot of this is because I'm new and still getting my head around all of the water and wastewater infrastructure in particular. Is there and Lupe mentioned this as well. Would there be, like, a good time?

Would you be open to meeting with me or maybe some of the other newer commissioners just to get us a heads, like, you know, sped up on the infrastructure that currently exists in the city? I mean, for me, I couldn't even ask, like answer how many MGD we use in a day or how many millions of gallons we process currently. I see figures Six. When I see figures like a two MGD wastewater treatment plant, or I assume we're using reclamation and treatment plant interchangeably, except for the actual treat, like the secondary versus tertiary process. I wonder if there's time that you can meet with me or perhaps some of the new commissioners to speed us up.

Is that Barbara, I'm a look at you here. Is there an issue with me meeting with them outside the forum?

Well, you know, I know that met with new members briefly to provide new member training. So I think the thing to do would be to ask staff, you know, and we can see what we can arrange.

Okay, so coordinate through Mr. Floyd there, and we can definitely set something for everybody, get everybody in one room. That way we're not getting in trouble.

Right. Could we do something like a, I guess, a workshop so we don't have to worry about a quorum? Because I've been here one year, and I don't know enough to you've asked me an intelligent question about some of this stuff. So I would be interested in having a workshop type program, I guess, for us. And then we wouldn't have to worry about open meetings or whatever. Is that possible?

I think that's an idea that we can look at. I think probably we'll need to discuss it with the city manager's office and see how they to handle that.

Yeah. But you can certainly ask questions in these next three meetings, too. Mean, as long as it's about CIP, I think that's it's open game.

My problem, though, I don't want to I know you hit the floor, but I if somebody when we leave this room and people ask me questions, don't know what to tell them. So I don't feel comfortable so I can ask you questions in here, but when I leave that door, I want to know more about what's going on than just what I heard here today.

Today. Sure. Okay. So we'll just I'll work with Ms. Floyd and

we'll work figure out.

And maybe we could set in some more two or three smaller groups so we're not in quorums to do that. So Sean, you and I will get together. And that way we can address individual questions you may have regarding the sector.

I can get very granular in my questions and lengthy, and so I don't want to waste everyone's time just so I can wrap my head around infrastructure that the city has already.

May may I just add that having worn the newbie shoes way back, I think this is an excellent idea because I think that it's imperative that our new commissioners It's taken me, you know, several years to even wrap my head around some of the things. And I think that the approach of having maybe a workshop regarding some of the issues that are important, specifically that they're sitting in here, I think it's a wonderful idea because I think we will be able to be more informed and asking the questions that we need to ask when we understand things that we need to really ask about. I think that's real good. I've always supported that.

Sounds like a great plan. Pretty sure we just wrapped up questions and answers, our directors and legal are going to set something up so we can facilitate a meeting with our commissioners. Sound like a plan?

Yes.

All right. Thank you, sir, very much for the presentation. Now, I'll you to our public hearing. Item number three.

CUP twenty six six fifty fourth Street Restaurant and Draft House. Hold the public hearing and consider a request by Michael Norsworthy on on behalf of fifty fourth Street Restaurant and Draft House for renewal of a conditional use permit to allow on premise consumption of mixed beverages located at 1303 South IH 35.

We will open the public hearing.

Good evening, commissioners. Caitlin Buck with Planning and Development Services. Subject property is approximately one and a half acres and is located along I 35 Frontage Road approximately 650 feet south of I 35. Next slide. The subject business is an existing restaurant with on premise consumption of alcohol. The business has held a mixed beverage CUP since 2015. Surrounding uses include restaurants, a government building, and single family neighborhood. Next slide. The subject property is zoned general general commercial and is surrounded by general commercial to the North and South, public to the East, and heavy commercial to the West. The current CUP expires on April 13.

There are no police calls on record for this business. Next slide. All criteria for approval have been met from both sections two. Next slide. As well as section five. Next slide. No changes have been made to the site plan. Next slide. Or the floor plan. Next slide.

Staff recommends approval with the following conditions. The permit shall be valid for three years and shall expire 04/13/2029 provided standards are met. No outdoor amplified sound, outdoor background sound, and or acoustic sound shall be permitted. The business is responsible for cleaning the area within 100 feet of any exit in accordance with section five one five five e two d. The occupancy is required to remain compliant with the fire code to include ensuring that occupant loads stay at or below posted levels.

The employees shall not park on the Olive Garden lot, and the permit shall be posted in the same area and manner as the certificate of occupancy. Staff has sent out personal and posted notices for the site in compliance with state law. Staff has not received any comments regarding this case. That concludes my presentation.

All right. Thank you. Do we have the applicant here ready to speak in favor of your permit?

Chair, we do have two applicants online. They they may be representing the applicant as well.

Okay. Jonas Fangman, if you please state your name and address, and you have three minutes.

Jonas Fangman for 54th Street At 1303 South I X 35. I'm a representative for the business. Like like Kayla stated, we we were already following everything that, was requested on there, just to get our renewal for our CUP. I don't really have much else to add to that.

Thank you, sir. We got Damon Brownlow. If you please state your name and address, we have three minutes.

My name is Damon Brownlow. My address is 308 Perry Street here in San Marcos, Texas. I'm a representative for 54th Street. Just everything that Caitlin said is that I don't have really much more to add besides that.

Thank you, sir. And I apologize for mispronouncing your first name, Damian. I'm sorry. Anybody else in the chambers or online that wish to speak? Seeing none, we'll close the public hearing.

I will motion to approve.

Second.

Motion approved by commissioner Case, seconded by commissioner Brian. Do you have any further discussion on this item? Yes, sir. Oh, commissioner Agnew. Yes.

Commissioner Agnew had his hand up.

Sir, I apologize. Yes, sir. Commissioner Agnew.

No. I'm kinda out here in outer space. I understand it. Can you hear me okay?

Yes, sir.

Okay. The the recommendations are stated about three times in the packet, which and I've never been sure which one really is the official the official one. But the first time it's it's in our packet, it stated the permit shall be valid for three years and shall expire 04/13/2026, which I know isn't right. And I don't know whether that's I don't know whether that's the official state recommendation or or what is, but I just wanted to make sure whatever the official one was was stated correctly. So can anybody tell me what the what the official recommendation is?

Yeah. Apologize for that that error in in the packet. It will be from three years from from the approval today. So it would be a 2029 commission. It's '29?

Okay. Well, yeah, that's what I thought. This is not a big deal, but previously, we've normally been expressing this like valid for three years commencing 04/13/2026 provided standards are met rather than stating the ending date. And to me, for some reason, it's a little clearer and a little more straightforward if we state the beginning date and then say that it's three years. But, that may just be me.

But if if it was okay with everybody else, I would rather change it to read beginning three years beginning 04/13/2026 and not even state when it ends because you can figure that easily enough from from the rest of it. But that may just be me.

I can see the benefit of both. Yes, sir.

If I may, commissioner, we did have that. I do apologize again for the error. I think the 2026 ARF had 2026, but in the staff report, it said 2029. So we'll just make sure that we clarify. But in as far as your question or your statement, that was part of the condition matrix that we talked about that the permit shall be valid for three years and then shall expire on this date. And so that is what staff is using. If we do wanna change that, we could, but that was what was recommended from from, you know, the the CPE committee.

Okay. It it's not a big deal. If that's where it came from, then that's fine. Okay. I I have no problem.

Thank you, commissioner Agnew. Any further questions on this item? All right. Roll call vote.

Sure. Michelle Bullison. Aye. David Case. Aye. Lupe Castillo. Aye. Mariah Dunn.

Aye.

Allison Hardy. Aye. Lucy Johnson. Aye. Ronnie Van Odeberke. Aye. William Agnew.

Aye.

Randy Bryan. Aye. The motion carries.

Raise item number four.

CUP twenty six eight, Balcon Commodore Ibar, hold the public hearing and consider a request by Judith Equiha on behalf of Bolcon Commodore Ibar for renewal of a conditional use permit to allow on premise consumption of mixed beverages located at 407 South Stagecoach Trail, Suite 201.

We'll open the public hearing.

We pleased restaurant CUP that since 2023. Surrounding uses include mixed uses, retail services, restaurants, a bank and offices. Next slide. The existing zoning is Character District 5. The hours of operation are Monday through Thursday, 11AM to 3PM and 04:30 to 9PM.

Friday through Saturday, 11AM to 3PM and 04:30 to 10PM, and Sunday, 11AM to 3PM. The previous CUP approval expired February 12. Zero calls were reported by the police, so there is no police report. And we do have a minimum that was included in the commissioner's staff report in ARF. There is a concern from code compliance and environmental health.

The concern is with delinquent utility payments leading to loss of power to the business, including kitchen equipment. Next slide. Staff used San Marcos development code Section two thousand eight hundred thirty four and five thousand one fifty five when reviewing the case, and this analysis is found in your staff report and the next few slides. Staff did not find Belcone inconsistent with any of the criteria in those sections. So next slide, next slide, and next slide. This is the current floor plan. Speakers are shown in red. Next slide. This is the current site plan. Notifications.

There were 24 notices that were mailed to surrounding properties and two posted signs were placed on the property. Staff has received one letter in support. Staff recommends approval of c E P twenty six zero eight with the following conditions. The permit shall be valid for six months and shall expire 09/24/2026, provided standards are met. And the business is responsible for cleaning the area within a 100 feet of any exit.

This is land development code section five one five five e two d, and the occupancy is required to remain compliant with the fire code to include ensuring that that occupant loads stay at or below posted levels, and the permit shall be posted in the same area and manner as the certificate of occupancy. That does conclude my presentation. I do know the applicant is available for any questions. Thank you.

If the applicant would like to say, you may come and speak at the podium at this time. If you would just please state your name and address. We have three minutes.

Yes. My name is Judith Ikewa. Address is 407 South Stagecoach Trail, Suite 201. I'm here as operating partner. I know we have a past. I know I have communicated thoroughly with Claudia and Craig since taking over the space. And so I'm here today just pretty much to respectfully ask for renewal of our conditional use permit. I know we don't have the best track record. I took over the restaurant management in November 2025. And ever since then, I have made it a point to bring that restaurant back up to speed.

I took over when every single refrigerator was empty and we had to pretty much start from zero. And if you know anything about restaurants, that was a very financially and emotionally challenging point to turn that around. I feel like now we're in really good standing. And so I'm acknowledging the business' past compliance issues. I'm fully transparent about it. I've never deviated from that, I don't think. Claudia can attest to that. She's explained the case to me thoroughly. And so I'm working to correct all of those factors. The last two months, I have paid utilities early the moment that we get the bill.

I know that was the biggest issue. And my corrective plan of action was pretty much paying utilities on time and not defaulting on that. I think that was the biggest thing. Just paid those actually ahead of April. So pretty much just communicating with Claudia and Craig about the conditions of the restaurant.

It's never been about cleanliness, about anything else other than utilities falling through. I know my brother was in charge last year, and so I don't think he would have called me to take over if it wasn't worth saving. I love San Marcos. I own two other businesses outside of this city, but I am a business owner and so I'm here just to ask for renewal. I wouldn't put my name on the line if if I knew I couldn't do it. So I think that's pretty much it for me. I'm excited to be here. I'm excited to be a part of San Marcos and hopefully open another business if y'all let me. That's all.

Thank you very much.

Yes.

Do we have anybody else in the chamber that wishes to speak? Do we have anybody online?

None online, chair.

We will close the public hearing.

So pardon me, chair. The applicant did have a handout that I did not hand out prior to my presentation. May I hand that out

now? Absolutely. Okay. The anticipation. We now have, do we have a motion?

Chair. Sorry. Before the motion, I had a question for staff.

We'll we'll get to the discussion here in second.

I'll make a motion.

Yes, sir. I'm sorry?

Motion to approve? Sure. Okay.

I'll second it.

Motion approved by Commissioner Van Okeherky. Seconded by Commissioner Brolison and we'll let Commissioner Johnson go first.

Thank you. Sorry about that. Yeah, regarding your recommendations two, three, and four, cleaning the area within a 100 feet, occupancy remains compliant with fire code, permit posting, should not these be standard requirements for all CUPs?

Yes. These are standard requirements within the land development code. The only exception is probably the callout for the fire code that's a separate code than the land development code. We do have a joint council and PNC CUP committee. And through their deliberation, they've requested that staff include these conditions on the actual recommendation and the certificate. So that is a reminder to staff that are working at that establishment of what the conditions are. Does that make sense?

It does. Although it it seems like they should just be standard on every CUP.

Yes. We have been directed going forward. We will have standard comments such as these on every CUP. There is an exception for conditions related to noise that will be contextual to the actual business.

Thanks.

Yes. Mr. Borillison?

I would just like to ask Claudia if she has any comments at this time.

Good evening, commissioners. Claudia Cormier with code compliance. At this time, I I am in support. I wrote a detailed memo of the reasons. I've talked to miss Akua. I I understand that it's a different family member, so I'm in support of provide I've given her the opportunity. We're gonna work closely. I did review her corrective action plan. So whenever we can schedule a meeting, I will go back and follow-up. The reason I went with six months, we did do six months last time.

Let's give another six months to see what the turnaround will be. So I'm in support of staff's recommendation, and that's why I wanted you all to have the details as best as possible why we went with that and that we are continuing communication with the establishment.

I appreciate that. I just wanted to make sure that you were good with this.

We have Claudia here with us. Does anybody have questions for Claudia right at the moment?

I have one for Claudia.

Yes, sir.

Yes,

sir. First of all, to the applicant, I have no intentions of beating you up or your business up for delinquent utilities. And I have no reason not to believe that you're going to take care of all those problems. My question to you, I never thought about delinquent utilities. When that happens, are you notified that their utilities have been disrupted and go out there and actually check the food in the refrigerator? So how do we take care of that? How do we even know that?

Yes. And I'm glad you asked, Sergeant. I'm sorry. It's a habit. I'm glad you asked, sergeant. I had no knowledge of this either, and this is something that I'm learning. First of all, I'm I'm not a licensed sanitarian, but I am speaking on the knowledge because we work closely together. They're right next door to me, and we have the joint committee. But we don't have a sanitarian in the committee. This is information that is very valuable. When there is an interruption in electrical services, we are not notified. Can we work that out with utilities? Maybe. I don't know the process nor do I wanna compromise them to tell us every single time there's a disconnection, but we can look into that. But it is the applicant, the permit holder's responsibility to let us know.

And if you notice in your packet in the memo that I wrote, there is an actual food and drug administration law that states that they need to inform us. Why is that? This is what from what I've learned. This is from what I've read. They have four hours to bring that to maintain that temperature, the food in a certain amount of temperature. They have to let us know because if there's a an electrical dis disconnection, we need the sanitizers need to go out there, make sure what is out of temperature. There are other foods that are more sensitive to temperature. I don't have the the knowledge of that, but they are required to notify notify us, which is why I put in here my concerns, because they are violations of Food and Drug Administration. I do not have the authority to cite them, but a sanitarian does.

And I don't want us to have knee jerk reactions. How often does something like this happen? And not just to this business, but just overall.

I don't have numbers with me. But unfortunately, we're using this case. And even there was another establishment that just me monitoring, I noticed it. And I called them to let them know, number one, I don't want them to get disconnected. I just say, hey, are you all aware that this is going to happen? If they're not, for whatever reason, I have to be respectful. If there's an issue with the economy, if there's an issue, a personal issue, I just let them know, are you going to allow this to happen? And if it is, we need to inform the sanitarians. But I don't have numbers for you, unfortunately.

Fair enough. Thank you.

Commissioner Dunn?

Math is not my strongest suit. So I think this is a question for staff. But if the CEP expired February, shouldn't the expiration date be August 2026 and not September? Sure.

So the previous six months was not due to a lapse of applying on time. It was more of a penalty of six months. And so not even though there is the expiration date and they are a month and a half, you know, overdue, staff didn't feel necessary to start the date from that date and have a five month permit, if that makes sense.

Mister chair?

Commissioner Agnew.

Yeah. Just to maybe clarify that a little bit for commissioner Dunn. If all that had been involved here was that the applicant had been delinquent by a few months or a month even, what we have been wreck or actually approving in those situations is a three year renewal retroactive to the expiration of the previous CUP. So what staff is actually recommending here, just a straight six month renewal, is actually considerably more, I shouldn't use the word punitive, but it's tougher than what we would have done if the only issue had been the delinquency of the CUP, if that makes any sense.

Thank you, commissioner. My thoughts exactly. Thank you.

Alright.

Okay. If I could ask a question of Claudia as well, please.

Yes, sir.

And I don't know if this is actually for Claudia, but I'm not sure who else. Has the is the ownership of this establishment still still the same as it was before? I know the management has apparently changed, but I mean, every time we get an, you know, an operation that comes comes to us in bad shape, they've always changed managers. That's just kind of standard practice, but it really goes back to the owner, I think, ultimately. And do we still have the same owner here?

Yes, sir.

Okay. But we're okay. So that has not changed.

So I she is here, but when I did ask for clarification, and this would have taken a different path, but same ownership, now she is going to be managing it on behalf of her brother.

Okay. Also, Claudia, it looks like for about the last, I don't know, three or four months or more, about the only problem here has been the delinquent utility bills. That's really whereas in the past, we had a lot more issues than just that. So is that kinda what we're down to now is just getting the electric bill the electrical bills paid on time?

Yes, sir. And the reason I I do like, as sergeant was saying, we've never thought about this before and neither did I. I didn't have the knowledge. However, in speaking to our sanitarians, this is where the health issues have come up. Because we have here that they we were not notified well, not me particularly, but our sanitarians would not notify when the power out when the disconnection happened. So they're required to have an inspection after. They wanna make sure all of those coolers and the food are up up to temperature.

Yep.

So that was where I didn't I personally did not think about this until it was explained to me, and this is why it's a concern. And we wanna make sure that we that they are successful. And that's why I said, please let us know. Whatever the reasons are, let us know so that our sanitarians can go out there, immediately know, is it back? Okay. You were able to get a reconnection. Great. You're you're within the four hours. Reconnect. You're good to go. You have your inspection. Keep you know, you you're you're able to open back up for business. But when we we have this, of course, it gives us the impression there's other nefarious activity going on. So that's why I documented those. And as you see, all four of them were unreported.

I called on about two. I I called on two of them to the permit holder, and then the other two just went on reported.

Well, when they become delinquent, they don't immediately get disconnected, do they?

No, sir. I have asked our utility services, and they get a they get a few weeks. They do get if in case, there's a late courtesy call late pay courtesy call, so they get a phone call to let them know. And then, of course, there's a delinquent charge.

Okay. Well, in the past, we've had some disconnections, but it looks like in the last several months, we have not had any disconnections. Is that correct?

We had the one in September and all the other ones were just, delinquent charges.

Right. Yeah. So that that seems like a considerable improvement from what was once going on there.

Yes, sir.

Okay. Thank you.

Yes, sir. Commissioner Brian.

Yes, sir. I have a couple of questions. Is the, food permit active and in good standing again?

Yes, sir.

Okay. And then are all the application fees paid and up to date at this point?

Yes, sir.

Okay. That's it.

And she's ahead of her utility bill. Any further discussion on this one? Alright. Seeing none, roll call vote.

David Case. Aye. Lupe Castilla. Aye. Brian Dunn.

Aye.

Allison Hardy. Aye. Lucy Johnson. I'm with to CUP2611 Tapville hold a public hearing and consider a request by Rama Pourpourri on behalf of Tapville for renewal of conditional use permit to allow on premise consumption of beer and wine located at 3939 South IH35.

We will open the public hearing.

Good evening commissioners. Caitlin Buck with planning and development services. The subject property is approximately 76.5 acres and is located on the Northeast corner of Center Point Road and I-thirty 5 Frontage Road. Next slide. The subject property is an existing bar with on premise consumption of alcohol. The business has held a beer and wine CUP since last year. Surrounding uses include retail, restaurants, and hotels. Next slide. The subject property is zoned general commercial and is surrounded by general commercial to the East and West, public to the North, and CD 4 to the South. The current CUP expires on June 1.

There are no police calls on record for this business. Next slide. All criteria for approval have been met from both sections two as well as section five. Next slide. There we go. The business is a self pour beer and wine trailer. Safety measures as indicated by the applicant include locking the trailer, refrigeration, and dispensing systems after hours. Next slide. The business is located within the San Marcos premium outlets. Next slide. More specifically within three parking spaces near Fresca, Palapa, and Auntie Anne's. Next slide. The trailer is oriented in a way where pedestrians are protected from vehicles. Next slide. Staff recommends approval with the following conditions.

The permit shall be valid for three years and shall expire on 06/01/2029 provided standards are met. The business is responsible for cleaning the area within 100 feet of the kiosk in section within section five one five five e two d. An employee shall be on-site while the system is operational. No alcohol shell cells shall occur after 9PM, and the permit shall be posted in the same area and manner as the certificate of occupancy. Steph has sent out personal and posted notices for the site in compliance with state law. Steph has not received any comments regarding this case. That concludes my presentation.

Thank you. Would the applicant like to speak in favor of your permit at this time? If so, please state your name and address, and you have three minutes.

Yep. Sure. They're online.

Yeah.

Jonas? Hi. If you please

state your name and address. Yeah. My name is Harsha Pokure, and I'm representing Tappville at three thousand nine hundred thirty nine ISAT thirty five South. Good evening, Chairman and members of the Commission. We are before you to respectfully request a renewal for a CUP.

Previously, the city has graciously granted us a six month permit in December. First and foremost, I want to report that our initial six months of operation have been a complete success from a safety and compliance standpoint. And we have strictly adhered to every condition set forth in our original permit as well as all San Marco City ordinances and mall regulations. I'm also proud to share that we had zero alcohol related incidents, zero noise complaints, and zero security issues. Our team has been taking very serious seriously the to to follow the protocols, checking IDs, and monitoring consumption are working exactly as intended.

And over the last few months, we have seen firsthand that this amenity encourages shoppers to stay longer at the mall, which directly benefits the neighboring retail stores, food vendors and consistent tax revenue for the city. And the initial six month permit act as a successful proof of concept, and we have demonstrated that our business is safe, responsible, and positive addition to the community. So we are requesting a long term renewal of three years, and we are incredibly grateful for the opportunity to the commission to do business here, and we want to continue being a safe, reliable, and valuable partner to the city of San Marcos. Thank you for your time and consideration tonight. Happy to answer any questions you may have.

Thank you, sir. We have Joseph Toda. Sir, please your name and address, and you have three minutes.

Okay. He might be muted. He's on there.

Can you

hear me? No?

Yes, sir.

Okay. It's Joseph Toda with Tapville 216 South Washington, Naperville, Illinois, 6054O. So I represent the TapVille brand. So I work with Harsh and his team who operate the local business. And, just looking at, you know, the conditional use permit that we were granted, the team has done a great job of following all the protocols and following all the processes to create a safe environment at the shopping mall there.

We also see that the Tapville concept really is an amenity to the mall, and we operate these concepts throughout The US. We're very familiar with how to manage safe alcohol operations as well as, you know, creating an amenity that, you know, increases shopper dwell time, which is a really good thing. So just wanna say that, you know, if there's any questions that the, the console has, we're happy to answer those. But I think the team that we have on the ground out at San Marcos has done a great job executing the concept.

Thanks, sir. Anybody else online wish to speak? Anyone in the chambers? Alright. We'll close the public hearing.

I make a motion to approve CUP dash 26 dash 11 with staff recommendations.

I'll second.

Motion to approve by Commissioner Dunn, seconded by Commissioner Burleson. Do you have any further discussion on this item?

Yes, sir. Commissioner A quick comment. I remember there was a lot of discussion before six months ago and it's just really refreshing to see it. Like they followed the letter of the law and did the things that we ask, and I'm all in favor of approving the CP going forward.

Alright. Chair? Commissioner Agnew. Yeah.

Question I have, probably for staff. Normally, an initial CUP is for a year. And, of course, I was here last time when we gave them the six months, but I don't remember why we did six months rather than a year I did. For their initial CUP.

We did not trust them to serve alcohol at the outlet mall. We thought it wasn't family friendly. Right. There might be more that I did not cover. If staff wants to add or commissioner Brilison maybe. Nope. Okay. Good.

Okay. Well, I think what you just stated were really the problems that I had with this in the first place, that it's, you know, a family family oriented part of the mall, and I wasn't real comfortable with the idea of alcohol being introduced to it. But and and I voted to deny it for and I think those who were around at the time know that, and I was the only one. So I'm kind of a lone ranger on this. But one of the things that troubles me at this point I mean, it got approved last time and so be it.

So so that's where we're at. But it looks to me like it's only been operating about three or four months. The current CUP expires, I guess, June 1 from the information we've had. And since it was a six month CUP, that implies that it began on 12/01/2025, and today is near the March. So that's that's basically only four months that it's been operating.

And and that to me is kind of one of the problems with what we've done here because we don't have the kind of history to go by here. We do with most places where we've given them one year. I mean, if they'd gone a year with with few or any incidents, I I'd be fine. But, you know, they it's been four months and that isn't a very long period of time or much of a sample. So I have a little difficulty personally going from that right to three years.

I mean, three years is a pretty big commitment. I would have been a lot more comfortable if we had maybe done another six months at this point so that we would have had, you know, in total a year of experience with this place before we approved three years. But, again, that may well just be me and I'm not necessarily going to propose any kind of amendment or anything to the motion. But I think on my part, I am not comfortable going from the small amount of experience we've had with this place to a three year renewal. And so I'm intending to vote to deny basically for that reason, me personally.

If we'd had a year under our belt and everything was okay, like we do with almost every other new CUP, I would probably be fine with three years. But I just don't feel like we've really got the history yet considering that this is kind of a novel concept for us. At least I don't know of anything else quite like this in San Marcos. So I probably will be the lone ranger again on this and vote to deny. I just kind of wanted to explain why.

Also, just a question. We don't have any condition relating to noise. And I thought with all CUPs now, we were going to have that all alcohol CUPs. And in fact, in the materials that we were given, it says the city can enforce the existing noise ordinance and the conditions related to noise added to this CUP, but I do not see any conditions related to noise that have been added to this CUP. Should there be? I mean, I think there should the way we're doing things now.

We're looking that up right now.

Commissioner, can If you look at the banker

The business doesn't have any any seating, any outdoor seating. And so when we put sound conditions, it's typically historically have only been with with restaurants or bars that have outdoor seating.

But that's really not the point of putting restrictions. But the point is really to make sure that the outdoor music doesn't create a problem for people who aren't there. I mean, it doesn't doesn't create a problem for neighboring businesses, neighboring, you know, adjacent neighborhoods and so forth. So it seemed like in this case, I mean, it's it's in the middle of a parking lot. It's right next to what's essentially almost a children's park, the the way that thing is really set up.

And so I I think some kind of you know, the the usual restrictions on noise would be just as appropriate here as the kind of, you know, operation you're talking about with outdoor seating. And and I think the matrix, which we which we now seem to point out you know, point to as sort of gospel, I think calls for noise ordinances on all CUPs or noise restrictions on all CUPs. So, I mean, I think we should have something on this one consistent with what the matrix calls for.

Commissioner, I might just add this is one large parcel, And this kind of sits in the middle. So in the event they had any noise or speakers attached to that, that's probably where it becomes a little more interesting as well because we would have to measure noise at the property line, correct? I wouldn't see a scenario where that noise could exceed the 75 acres or whatever that this parcel is for that condition to apply. Now it's more than welcome to add it on it, but I'm just saying kind of looking at it practically, that's one of the things about the condition is that the property line is it's a very long ways away from that with this location.

I mean, that to me might be looking at it technically rather than practically, but I mean you've got a point, I understand. I'll drop it. Thanks.

Mr. Chairman.

Any further questions, Commissioner Egnor?

No, thank you.

Okay. Commissioner Van Odekirke?

Yes, who made the motion? Would you be willing to let me amend it to one year? Because and the reason I wanted I'm thinking about a year

You can do that without her taking it back.

You can make an amendment.

I still want you be my friend.

No. Because it been the full six months. This is something relatively new, at least to this area. And while I applaud them for going to four months without any violations, I just don't know if that's enough time for me to make a good decision one way or the other. I'm not against it. I think I was more against it the first time I came on board. But the fact that we've gone four months, and I'm a little warmer to the idea, but I'd like to see us go a year and come back next year and see where we're at. That's

pretty much where I am, Mr. Van. And I would happily second the motion if you made it.

Yeah, then I'll do that.

So we wanna make a motion to adjust this from three years and to one y'all can actually figure out the math on the expiration date.

I'll second the motion.

Alright. So we have a motion to amend by Commissioner Van Oerkirky. Did we have a second?

I second it.

Commissioner Agnew has second. Any further discussion? And I

will actually vote in favor of it if we get that. So that's fair. Good.

Yes, sir. Any further discussion on this amendment?

Chair, just to clarify, are we voting The amendment. On the amendment? Correct?

Correct. Yeah. To reduce from three years to one year. Okay.

Then I'd just like to voice my concern that this is a lengthy process for the applicant. We have people online both locally and nationally. And considering that there has been no issues, I see no reason for it to only be a year. But I also might just be because I I find beer trucks to be a cool concept. In any case, just wanna make that clear, we're voting on the amendment. Correct.

Yes. Yes.

Can can I make a clarification that that's one year commencing on June 1, which is when their current CP expires?

Works for me.

Yes.

Thank you.

Thank you. Any further discussion on this amendment? All right. Roll call vote, please.

Lupe Cristina?

Aye. Mariah

Dunn? Aye. Allison Hardy? Aye. Lucy Johnson? Nay. Ronnie Van Odegerken? Aye. William Agnew?

Aye.

Randy Bryan? Aye. Joe Brolison? Aye. David Case?

No.

The motion passes, six to two.

Alright, we're back to the original motion where the amendment has changed this from three years to one year. Where are all the effective dates? We're going from three years to one year. That's all we need to know. I mean

Did we

just vote

on that? No. Now we're back to the original motion. We had the amendment. And now the amendment has passed. And now we're back to the original motion

That's with why the

asked question. Yeah.

But if you have further discussion on this item, we're more than happy to.

Now,

just think of it like a ladder. So we have our original motion and then that did not pass through

the in progress

brought up. So now we had an amendment that we had to take care of to bring us back to our original motion. And when that amendment was approved, our original motion now, with the amendment approved, is effectively making this going from a three year term to a one year term.

We're we're proving it again.

One year that begins in June.

It's like he said the latter. We're going one step and then the next.

One year, whatever dates. This is getting more complicated all the time with this stuff, effective dates and blah,

blah, blah.

Wish you're done. Just so you know, we could have another motion to amend the motion.

This is good discussion.

This is healthy discussion. Can we have discussion?

Absolutely.

Yeah. I mean, get both sides. And the one thing I did want to say is I know last time when we voted on this, a couple of commissioners were on the fence. And I get how four months is pretty early. I did want to add to what the owner had said.

My little brother actually, not his store, but he works for a store right across, literally, like right across. And he has said that some of those spirited customers do go in there and have vocalized that, yeah, after a few, I'm willing to buy the store now. And so I think that is a plus. So I am a little apprehensive on the year because, I mean, yeah, it's just a year. But I don't know. I'm in favor more of three years in my personal opinion.

Commissioner Brelison?

I think, in all fairness, we usually when they're new business, we do six months. Then we take it to a year. Then they get three years. So I think what's happening is we're just trying to be consistent with what we do with everyone because that's usually what we see, right? We give six months or sometimes a year, and then we bump it up to three years.

Commissioner Burleson, we normally start with one year. And what happened six months ago was that the commission had decided to bring it down to six months. That was not staff's recommendation.

But I would like to point out what Commissioner Agnew pointed out. It hasn't been six months of operation. And I also want to point out, I do like beer also. But I I think I'm willing to give it a chance. Like I said, I'm warmed up to it a lot more than I was when we looked at the first time. But I'm I'm not sure I'm willing to go three years at this point because It's still too new and we haven't been here six months yet with the operation of the business.

Well, I'll throw it out there and throw it out there. And I apologize, I will bring a calendar calculator in the future. So I am saying this more appropriately. I will throw out an amendment to have the one year extension moved to a three year extension. So motion to approve by commissioner case seconded by commissioner Hardy. Any further discussion on this item?

It's just yes, sir. I do.

Yes, sir.

It's just a little funny that we voted six to two to move it to a year. Now we're having amendments move it back to three. It's like I agree. Some we of us are new tonight. So

I agree. I understand. Yes. I apologize. I think there was some confusion with it, and that's the only reason I felt comfortable just making that emotion. If if there was a confusion, then it'll go away, and we'll revert back, and we'll make another amendment, and then we'll just take it from there. So that was my intent.

Thank you.

Yes, sir. Any further discussion?

And let me just I have no doubt we all want this business to be successful. I think we are on the same page on that. The issue that we first had with this, Commissioner Don, I remember we're having a discussion, is the newness of of the overall business. And so we wanted some six months, some some operational see what guidelines, what how it was gonna do. You're saying that they actually have been operating for four months.

I don't have either way. I mean, I I feel more comfortable in one year, one full year from from this June until the next year just to I don't think we're taking much away from that. I know that the issue has been as far as the fee safe concern that they have to apply again, and and then we have a fee. But that's something that I think that the owner need hopefully will understand that, you know, we were optimistic. I'm optimistic that within the next year, we'll he'll be very successful.

I'm I'm just personally, I'm just more comfortable with that. I know everybody else here might feel differently, and and that's fine. I'm just expressing my own, sense of, comfort as far as, just the one year from now. And I think that I don't have no doubt that the owner will be continue to be successful. And and so far, that no there's been no calls, no police calls over there, no issues, and I have no doubt that will continue to be the case. I I would be more comfortable, like I said, in monitoring for the next year and then after that for whole three years.

You know, the one thing, if I may, I didn't even know they were open. It's so quiet over there. Like, is when you park right there, it it is so quaint, quiet. I I totally forgot that that's what we had voted on. I thought it was just a little parcel advertising a brand until I saw people walk up and do the little tap. So, yeah, I just thought about out there because I know noise wasn't concerned.

I I just wanna state I am gonna vote against the amendment to go back to three since we voted on the one. But regardless of what happens with that, I'm gonna vote for it at the end.

Amen. Amen. You could tell he was a preacher at one time. Any further discussion on this amendment right now? Alright. Let's do a roll call though.

Repeat the second amendment.

Yes. I'm sorry. So the amendment here is to take it from a one year extension to a three year extension effective 06/01/2029.

Okay.

No is no.

No. No. No. No. Yes is yes, and no is no. Because we we don't yeah. Everything's normal.

Right. Yeah.

Let's not clip. Yep. She's like, because she can't

do this.

Mariah Dunn?

Yes. For three year.

Allison Hardy?

Yes.

Lucy Johnson? Yes. Rodney Van Odeggerke? No. Way Magnum? No. Randy Bryan? No. Michelle Brillison? No. David Case? Yes. Lupi Garcia?

No.

The motion fails.

It was still fun. That's

right. Learning process here.

Okay. The motion failed, so we are still at the one year extension with effective date of 06/01/2020 So '20 now we're at original motion. Any further discussion? No. It was a good exercise. All right. Roll call vote, please.

Allison Hardy?

Aye.

Lucy Johnson?

Yes.

Randy Van Der Krieke? Yes. William Magnum? Aye. Randy Brand? Yes. Michelle Burleson? Aye. David Case? Aye. Lupe Castilla? Aye. Mariah Dunn?

Aye.

The motion carries.

All right, thank you. I mean, don't even know if I did that right. But this now brings us to our non consent agenda. Brings us to our election of officers. We will start with the planning and zoning commissioner chair. Do we have any nominations?

Yes. I nominate David Case. I'll second that nomination.

I'll third it. Any other nominations? May we get a roll call, please? Why pleasure.

Lucy Johnson? Aye. Ronnie. Aye. Wayne Magnin? Aye. Randy Bryan?

Yes.

Michelle Brolison? Aye. David Case? Aye. Luby Garcia? Aye. Maria Dunn? Aye. Allison Hardy? Aye. The motion carries.

Thank you. Planning and zoning commission vice chair. Do we have a nomination?

I'd like to nominate Mr. Agnew.

Nomination for commissioner Agnew. Do we have any other nominations?

I'd like to nominate Michelle.

You. I love you, but

Respectfully decline.

Because I was actually going to nominate Okay. Mister Agnes.

Sound like a plan.

He is just he deserves it. He's just so good and so committed.

Mister chairman, I re re re withdraw my nomination.

Yes, sir. Noted.

Commissioner of Arleson.

Any nominations? Seeing none, let's make it official with a

roll call vote. Sure. Ronnie Van de Roeke. Aye. Wayne Magnum. Aye. Randy Bryan. Aye. Michelle Brillison. Aye. David Case. Aye. Lucie Castillo. Aye. Mariah Dunn.

Aye.

Allison Hardy.

Aye.

Lucy Johnson.

Aye.

The motion carries.

Alright. Here's a fun thing unless someone's gonna make it not fun. But with our new commissioners, we have to have we have to draw straws or we can have someone who wants to volunteer.

Have a Mister chair?

Yes.

I hate to make this not fun.

Wow.

But

We just got here.

I would love to volunteer myself to take the one year, the shorts the short straw position, if it's okay with my fellow new commissioners.

Any objections? Well, Commissioner Johnson, way to show some real leadership. And thank you for volunteering. Yes. Okay. It is official. Let's do a roll call vote just to make it official.

Sure. Paulie Magnin. Aye. Randy Bryan. Aye. Michelle Burleson. Aye. David Case. Aye. Libby Castillo. Aye. Maria Dunn. Aye. Allison Hardy. Aye. Lucy Johnson. Aye. Ronnie Van Underkerke. Aye. The motion carries.

You had no idea how excited Terry was to bring out those straws.

We actually made straws in a cup when

we went over the

top sales.

No, that's okay. We want to be

sure we had it right. So that will mean that Commissioner Brian Hardy will have three year terms.

Now you know all the laws on the Texas drawing straw statutes.

It is outlined in our code of ordinance that way. And thank Enrique for his straws there as well. Yes, sir.

Were they hay

straws or were they plastic?

Uh-oh. All right. We'll go now to questions and answer session with the press and public. If you wish to ask a question, please approach the podium. When called upon, state your name and you'll have three minutes to ask your question. When you have finished, the chair will direct okay, we'll just stop that. Anybody have any questions?

All right.

Brings us to adjournment.

I'll make a motion to adjourn, chair.

And I'll second it.

Motion to adjourn by Commissioner Dunn, seconded by Commissioner Burleson. May we have roll call, please?

Sure. Randy Bryan? Yes. Michelle Burleson? Aye. David Case? Aye. Lucie Cristiano? Aye. Maria Dunn? Aye. Allison Hardy? Aye. Lucy Johnson. Aye. Ronnie Minutugurky. Aye. William Agnew.

Aye.

We are adjourned at 07:31PM.

Very good.

Thank you all.