City Council - Regular Meeting

like it. All right. I now call this regular council meeting of the city of Santa Fe, April 16th, 2026 to order. Natalie Roll call, please. Mayor Brandon here. Mayor Pro Tim Mars here. Council member Shrader here. Council member Mckame here. Council member Janette here. And council member Dickerson excused. You have a quum. Thank you. We will now um have the invocation and the pledge of allegiance. The invocation will be led by Pastor Josh McDonald from Arcadia First Baptist Church. That was a test.

Yeah, you got it right. Let's pray. Father, I thank you, Lord, for our elected officials and others, Lord, who serve our community. Thank you for Santa Fe and most importantly, Lord, thank you for for Texas. Lord, I pray for wisdom and guidance for the the council tonight, Lord, and and even beyond just this evening, uh, Lord, as they make decisions for our future, Lord. I just pray blessings from you. And we pray this in your name. Amen.

Amen. I pledge algiance 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. I aliance to the Texas one state and indivisible.

Thank you so much. You may be seated. First thing I'm going to do tonight is present a proclamation on behalf of the city um for sexual assault awareness month. And this is My name is Lindsay Durant. Nice to meet you. And who are you with? I'm with the resource and crisis center of Galison County.

And what do y'all do? We are a um crisis and resource center for people experienced domestic violence, sexual assault, child abuse, and sex trafficking. We're located right here in the county. We are the only uh shelter for domestic violence in the entire county. And if people need help, how can they get a hold of you? They can call our 24hour hotline. I'm sorry, I don't have it memorized. It's okay. We'll post it in the links. Yes. And you can also visit our website which is rcccgc.org. We'll make sure we put your contact information in the comments. Thank you.

Yeah, you bet. Of course. So, uh, proclamation of the city of Santa Fe, Texas. Whereas the city of Santa Fe is aware that sexual assault is a growing concern nationwide, and needs to be addressed. Whereas sexual assault awareness month is observed each April to raise public awareness about sexual violence and to educate communities on how to prevent it. And whereas sexual assault affects individuals of all ages, backgrounds, and communities, and we must work together to support survivors with compassion, dignity, and access to resources. And whereas the resource and crisis center of Galveston County is committed to providing advocacy, education, and prevention services while empowering survivors and promoting a safer, more informed community. Now therefore, I, Brandon Noto, mayor of the city of Santa Fe, Texas, proclaim April as sexual assault awareness month in the city of Santa Fe, and do hereby urge all the citizens to assist victims of these crimes and finding the help and healing they need. In witness whereof, I have set my hand and cause the seal of the city of Santa Fe, Texas to be affixed this 16th day of April in the year 2026. Thank you so much for everything. Thank you so much. And please don't feel obligated to stay. You're welcome to, but

okay, we won't be offended if you sneak out. Thank you.

Okay. Um, next I will invite the Santa Fe Citizens Police Academy Alumni Association to come up and make a special presentation. I'd also like for the officers that are here in attendance to please come up with us as well, please.

Y'all can fill up the y'all can fill up the area right here. Yeah, y'all have the floor. Help yourselves. For those of y'all that don't know what we're presenting tonight, this is it. You want to pass this on down? That is a Lamar officer's wife in that picture. Bad better than me. You got to talk to the microphone. Yeah, you got to It's okay. We have a a microphone in the ceiling. Okay. They'll hear you. All right. Just talk loud.

Okay. Good evening. My name is Kathy Moody and on behalf of the members of the Santa Fe, Texas Citizen Police Academy Alumni Association, it is an honor to stand before you today. Our organization is made up of community members who have had the privilege of seeing firsthand the dedication, professionalism, and daily challenges faced by the Santa Fe Police Department. Through that experience, we've developed a respect for their work to for the work that they do to keep our community safe. Tonight, we are proud to present something to our police department that reflects both our appreciation and our commitment to supporting their mission. After conversations and feedback from officers, it became clear there was a need for a safer, more effective way to transport combative or non-compliant arrestes. In response, our alumni association came together with a shared goal to help provide a solution that enhances both officer safety and detainee care. It is with great pride that we present this wrap restraint system. This equipment is designed to improve safety for officers during transport, reduce the risk of injury to a person in custody, provide a secure and humane method of restraint, and to assist in deescalating difficult situations. We understand that every call is different and situations change rapidly. Our hope is that this tool will serve you well in those moments when safety, control, and professionalism are critical. This wrap is more than just equipment. It represents the strong partnership between your department and the alumni association. It is a small way for us to say thank you for the long hours and the unwavering commitment you show every day. Thank you for your service and please accept this wrap system as a token of our gratitude and respect.

Awesome. Thank y'all so much.

And if I could if I could please ask all of y'all to just stay right where you're at. Thank you. If y'all don't mind. Everybody squeeze in. Uh Jeep.

Thank you all very much. Stay right here. Y'all stay right here, please. Stay right here.

So So I'm going to tell y'all um so most of y'all that that watch our meetings on a regular basis know um that uh the former male uh former mayor Bill Pitman started an award called the mayor the mayor's spirit of Santa Fe award. And this is award for somebody that embodies the spirit of Santa Fe. Um, and we all know what that is. That takes care of their neighbors, that goes above and beyond. Um, that sees a need in the community and fills it. Doesn't ever ask for any attention or any accolades. Um, just does it because that's that's who they are. And so, um, it's really hard to get people to come up here and accept an award when they're being awarded for not wanting to accept awards. But I'll tell you that, um, the, uh, the intelligence of God never ceases to amaze me because I have a list of of candidates and and the bucks that that I'm going to award them their award that I've set a year ago. And it I had no idea that y'all would be here tonight presenting this award until we had our agenda setting meeting and this award was already planned. Um so I didn't have to spoil it because she was already going to be here. Um but so tonight um I want to award the Spirit of Santa Fe Mayor's Award to Miss Kathleen Joel Wright. What the heck? God bless you. That is so nice.

Oh my gosh. And I'm new. Well, I'll tell you, for everything that you do with this association, your involvement at the chamber, you have the best uh night out party in town. But what you do day in and day out for our police officers and for our community, it doesn't go unnoticed. And we love you, Miss Cat. I love you, TOO.

Thank y'all so much. Again, y'all are welcome to stay, but please don't feel obligated. We won't think it's rude. If anyone wants to switch with me, I'll see you. You got some votes to do. All right. Finally earn that paycheck. Earn that paycheck tonight. Win this on Monday. Good luck. Hey, there's three of us. We'll do it. Who needs enemies with friends like me in mine? You know,

the straps off somebody. Okay, no big deal. I've got a written one.

Okay, no worries. All right. Uh we're going to go ahead and proceed with the rest of the meeting. For those of y'all that um stayed for us, uh we certainly appreciate it. Uh all right, we will move down um to number four of number four. Presentation and approval of minutes from the March 13th special meeting and the March 19th special meeting. Council, those were included in your agenda packet. You've had an opportunity to review them. Make a motion to approve the minutes as presented. Second. It's been moved and seconded to approve the minutes as presented. Council, is there any further discussion? Hearing none, Natalie, roll call, please. Council member Shrader, yes. Council member Mckame, yes. Council member Janette, yes. And council member Marks,

yes. Motion passes. Thank you. We'll now have presentation of department reports by staff. Mr. Collins. All right. We're going to do tonight a little bit different uh because um Mr. Zapeda has to give the quarterly update. So, I'm going to let him do the finance department since he's already up here and then I'll jump into the rest of the departments tonight. So, Mr. Mr. Za if he'll lead us off. Thank you. Rudy,

thank you, Mayor, Council. I wanted to go ahead and start off with the February 2026 monthly finance reports. So, just um because of the recent changes in the meeting schedules, council should expect these finance reports to be about two months behind the close of the periods. Uh since otherwise, it would give us about 15 months to uh get the reports out to you after the close. So, uh, since we only have one month, uh, one meeting per month, uh, we expect this night, uh, we'll go over February's and then next month we'll go over March's monthly finance reports. So um this month we for February is consists of six sections including the summary year-to- date budget and versus actual through February by department and program category the balance sheet through February sales tax reports for March and April for sales in January and February respectively the uh HDL sales tax analysis for April and of course the February check register. So, highlights uh of the report. I know it's lengthy. Um year-to- date revenue is 4.46 million. Year-to- date expenditures at 4.29 million and net surplus of 17685. Um projected fund balance of 4.24. And that translates to approximately 5.4 month months of um operational requirements. and uh there's 67% of the budget remaining after this month. Sales tax is the primary uh fiduciary concern heading into the second half of the year. We have a year-to- date uh year-to- date sales tax

that is projected at 2.4% below the amended FY2026 budget. a shortfall of approximately 89,900 for the city and 30,000 for the EDC. March payments were down 4.8%. Year-over-year for the same month. That's collections in January. April payments were uh 9.7% over prior month at the same um the same period for last year. And that is about uh 1.4 4% year-over-year um for the year to date. So, it's encouraging for obviously April, but it is something that uh we will be needing to address with council. So given the two months trend regional comparables and the HDL forecasting data, staff is recommending we reduce the sales tax expectations for the remainder of the fiscal year 26 and for the 27 year budget. Um, number six is the EDC and the city have successfully upgraded the to our new ERP system, which is the MCSJ admin SCV accounting system and um we're about halfway done with uh the entire setup, but at least the financials and the payroll are done and we'll be getting the rest of them including the um accounts receivable and permits. uh done here before the summer. The city has been awarded an additional MITMOD grant for the Runi Park standby generator upgrade and uh we'll be taking that to council next month for um selections on which vendor to we'll

we'll use for that generator. Um, and the February AP dispersements totaled 934,45. Notably, that uh included the 221,000 for Texas materials, Texas Materials Group for the Midmod South Road and 172,500 for the new tractor and almost 40,000 for the Motorola uh radios for the police department. If we want to continue on the investment report, this is for the first quarter 2026 which ends December 2025. The portfolio um that you all have, you should have a copy of that. Uh the quarter ended with four,200 I'm sorry 4,721,51 down from 5,225,935 at the start. Uh there was um an offset of about $49,800 in interest earned during the same quarter. The months of operation for that period through December is about 5.2 two months of operational coverage and multi-bank securities position is the city's best performing asset of about 8.34% uh APR but it does mature here at the end of the year so we'll have to make some reinvestments um as it comes due and I think I have talked enough

thank you uh Rudy I appreciate appreciate that. Um, council, uh, do you have any questions for Rudy regarding, uh, his update?

All right, we will move right along then into the rest of the department reports. Uh, first with municipal court for the month of March, uh, we had a significant increase of 327 uh, new cases filed. We had 163 warrants issued. Um, up 33 from the prior month. Uh, and our big uph for this month. I know that uh, Miss Lisa is very happy. uh we brought in almost $47,000 uh for the month of March. Um so that is a significant increase for us in municipal. Next we'll move on to the community services department. Uh we had 225 uh permits issued. We have 16 of those being new residential permits which is also up. If you remember for the past few months we've had a little bit of a dip. Uh so this is awesome to have some new homes uh being built in the city of Santa Fe. Um we collected um almost $56,000 uh in permit fees and um they completed 212 inspections uh for the month of March. Next parks department.

Hey Seth, one one thing on the on the community services on the new residential permits. Um could you look at uh have it on there maybe year to date on there?

Yeah, we can we can definitely add that to that. All right. So, to continue on uh to our parks department, uh we had five rentals at the Runi Community Center and two at the Weber. Uh we didn't have any at Timberla Park uh for last month, but they collected $1,165 uh in rental fees. All right. Next, moving on to the police department. Uh we had 4,16 calls for service. Uh we had 64 arrests, 390 traffic stops and 238 of those 390 uh received a citation uh for their stop. Um for C we have 67 uh active cases. They cleared 18 cases and they had 24 new cases. So they have been very busy in the criminal investigation division. Uh next to move on to public works, we had 45 segments of roads that were uh patched. Um we had uh several areas around the city where we had to remove um debris and trees. We've had um some significant wind. I think that's been a big uh cause of that. So our guys have have really been trying to pay extra attention to that just in preparation, you know, as uh hurricane season will be on us before we know it. So we want all of our our ditches clear and free of any debris. Um, so we had 130 linear feet of new coverts installed and they corrected 40 linear feet of coverts last month. Uh, they excavated on Avenue I from 13th to 14th 750 ft. Um, and then on 23rd Street from Avenue M to the southside 1100 ft and then on Avenue M from 18th to 23rd to 2600 ft. So our guys have been really busy in public works. Next we'll move on to the library. Uh we've had 2160 circulations. We had 85 active accounts right now. Uh their door count was 2230. Um and and that is extremely high and I

think the reason being is because the amount of programs that our library offers. Um I know that they are very well attended. Um so our per capita is at 15%. Uh so our residents saved $16,624 uh this month uh just in the uh cost of the books by renting them at our library. I could be wrong, Becky, but that that 15% per capita that's that's that has increased fairly significantly here recently.

Um well, and it's March, too. So um in October I had 18, but it fluctuates. We we have been increasing In February, I had 16 and in March I had 15. Of course, we're headed into summer, so it's going to be even higher. So, thank you.

All right. Next to the fire marshall's office, um our fire marshall has completed uh three burn pile inspections. He had 23 burn permit renewals. Um it so we have 192 active burn permits right now in the city. Uh we had 13 um fires within the city limits of uh the city of Santa Fe. He completed two fire investigations. Um, and he completed 11 fire safety inspections. Um, and to move on to a more fun part of his job is code enforcement. He's has 20 new cases this month. Um, he has closed six cases and um, he has 10 ongoing cases from the prior month that he's closing out. Next is the Santa Fe Resiliency Center. Um I had the privilege to meet with uh Miss Jacqueline, our director of the Santa Fe Resiliency Center um uh this past uh week and uh in my conversation with her, she asked what is a way that how they could um alert the community of the services that they offer. Um and and as you see right here, they've had a severe increase in people coming to them, but they definitely have the ability uh to take on more people. You don't have to um uh be affected by the Santa Fe shooting to utilize their services. They um offer counseling services for everybody free of charge. Um you can utilize their services. Um if you make an appointment, they try to get you in as soon as possible. So uh we're going to work together to try to promote u the resiliency center here at the city of Santa Fe because it's a great resource mental health-wise. We're very lucky to be able to have that in our community.

Um free of charge. And free of charge too. So for the month of of March, um they went up 47 and a half% which is awesome from last year. So that's a huge increase in the number of counseling hours they had. Um and then just their the number of um uh people their counseling has went up significantly as well. They've had a 28% increase. So uh it's great that they've had uh these increases at the resiliency center. Um any questions, guys, on uh anything that was brought up tonight? All right. Well, I appreciate your time. We'll uh let you take the floor, mayor.

All right. Thank you, Mr. Collins. All right. Next, uh we have item number five, which is our citizens comments. And uh any person with city related business not on this agenda may speak to the council. Time is limited to three minutes. in compliance with the Texas Openies Act, the city council may not deliberate on the comments. Personal attacks will not be allowed and personnel matters should be addressed to the city manager during normal business hours. Um, is there anybody that is here to speak um on an item that is not on the agenda? I already got it.

All right. Well, then we will move on down to six business. A new business. Um council, we have a consent agenda this month. Um again, uh they are considered routine and will be enacted uh by one motion. There will not be a separate discussion on these items unless a council member requests that any of them be pulled out um to be discussed. Um you see the uh items there. I move to approve the consent agenda as presented. Second. It has been moved and seconded to approve the consent agenda the consent agenda as presented. Natalie, roll call, please. Council member Marks, yes. Council member Janette,

yes. Council member McCain, yes. And council member Shrader. Yes. Motion passes. Thank you. Number two. Uh this will be uh under our community services director, Miss Georgia.

She's coming in hot. Uh so uh item number two is going to be a public hearing ZC-122925 request to change the zoning classification at 5330 Avenue in Santa Fe, Texas legally described as abstract 47 L Crawford uh survey part of outlot 287 287-1 outlots from agricultural residential to neighborhood commercial. So, I'll give a brief description and then I'll let you open the public hearing. So, the owner of this property at 5330 Avenue N has filed an application for a reszone request from agricultural residential to neighborhood commercial. The property was utilized as a commercial property from the time of construction which was prior to the establishment of the city which classified the property as a legal non-conforming use when the property was annexed into the city limits. However, under the terms of the city of Santa Fe Unified Development Code or the City of Santa Fe zoning ordinance, when a land or structure of legal non-conforming use ceases to be used in such a manner for a period of 90 days or is abandoned, the use is considered as discontinued or abandoned and cannot be resumed. Due to the period in which the structure on the property has remained vacant without a commercial tenant, the commercial use has been discontinued and the property has reverted to the class zoning classification of agricultural residential. The property owner has init initiated an application to reszone the property from agricultural residential. Thank you. um to reszone property from agricultural residential to neighborhood commercial which will allow for commercial tenants to occupy the space within the constraints of the zoning ordinance. These limits have been provided to the property owner and discussed at length

for future solicitation of business during the planning and zoning meeting vice person chair vice chairperson Wagner McGee and seconded by commissioner Wford to deny the reszone at the property at 5330 Avenue in from agricultural residential to neighborhood commercial. The motion failed with a 3-3 vote with Chairperson Davis, Commissioner Mills, and Commissioner Billy voting in opposition. No additional motions were made and the request has been deferred to city council. So, did they uh did they postpone it or

No, they had a concern that there was not a specific use um by the requesttor, which is the property owner. Um, after the hearing, the the owner did specify, which I'll let him speak to that, um, because I believe he'll be able to answer your questions a little bit better on it. Um, but they were concerned that if they were to reszone it and he were to turn around and sell it, that if the building were demolished, someone might come in and try to put in a gas station or something of this sort that is allowed within the neighborhood commercial use. So, they did not offer another motion. They sent it straight to city council for a decision. Okay.

All right. So, um, we it is 7:31 p.m. I will open the public hearing up for citizens comment if there is anybody who would like to speak during this public hearing. Please come forward, state your name, and you'll give three minutes to speak about uh this item. Find my phone. Hi, my name is Jim Butcher and I'm the owner of the property. My family purchased it in 2004 and I have a brief note. I took the feedback from the planning and zoning meeting and structured the proposal that would potentially address these concerns. Uh this is not a retail or highintensity commercial development. is a small office space use within an existing building. Everything is captain control with no more than seven tenants which is limited to two to three vehicles, no heavy equipment and no outdoor activity. Even for contractor related businesses, this would be strictly for administrative use. No equipment, no storage and no job site activity for the property. Like I stated before, I also understand the concerns about the property being under neighborhood commercial zoning such as a gas station. Uh that's not what I'm asking for. I'm requesting a controlled low impact use and I'm willing to accept reasonable conditions. Any type of deep restrictions that you guys might want to impose, I'm okay with that to ensure that we do the proper usage. Thus, I'm willing to accept that and prohibit prohibit any highintensity use like a gas station, drive-throughs, and heavy retail. This isn't about opening doors broadly to commercial development. It's about responsibly using the existing property in a way that remains

compatible with the surrounding area. At the end of the day, this is a controlled low impact use that I'm structural structured specifically to address your concerns and I'm simply asking for the opportunity to move forward with it. Thank you. All right. Thank you.

Hello. Good evening. Just state your name for the record.

Okay. My name is Kraton Carpenter. So, uh, good evening, Mayor Notto and members of the city council. My name is Kraton Carpenter and I along with my wife and my mother-in-law live adjacent to the property in question and I'm here to oppose the request to resone this property from agricultural residential to neighborhood commercial. Uh this uh area is currently residential and agricultural in character. Uh while there is already some non-residential activity nearby that does not justify expanding commercial zoning. In fact, residents are already dealing with traffic, noise, and safety concerns as this resoning would intensify those impacts. Uh, the request is for a broad commercial category, not a single business, which means the long-term effects on the neighborhood are unknown and cannot be fully evaluated today. Approving it also sets a precedent for further commercial encroachment along Avenue N, gradually transforming this corridor away from its current residential and agricultural use. And traffic is another major concern. Avenue N is not designed to handle additional commercial traffic uh including uh service trucks, deliveries, and customer service vehicles which raises safety risks for residents and children. And in fact, the Braves little league football field is just a stones throw away from this road. Uh similarly, there are unanswered questions about buffering, lighting, and drainage that could directly affect the neighboring homes. And finally, this uh reszoning uh uh appears to be uh could appear to be spot zoning, right? But it changes the design designation from a single parcel in a way that is inconsistent with the surrounding area and primarily benefits the property owner rather than the broader community. Um and then I would uh respectfully ask the council to explain how this request aligns with the city's comprehensive plan and serves the public interest.

They say predicting the future is a fool's game. The dark horse in this is what actual business or businesses will really end up on this road in the midst of these homes and families. This is a role of the dice. I pray the council is not willing to chance. For all these reasons, I respectfully request that the council deny this resoning request. Thank you for your time and consideration. Thank you, Mr. Carpenter. I have I have just a couple of questions for you.

Sure. Um, how long have you been there? Uh, how long have I been there? I've been there about four years. It's the house that my my wife grew up in and my 87year-old uh mother-in-law who lives with us has been there her whole adult life when she got married at 17. So, was that the property that we're that we're considering tonight, was that operating as a as a commercial property when you first moved there? Uh, yes it was. Uh, yeah. Uh, I talked to some of the people there at one point and I think they were making candles or something in there. Okay. But yeah. Okay. Thank you. All right. Thank you.

All right. Is there anyone else here to speak? If you'll just state your name for the record, please.

Craig Landry. Uh, good evening, Council Mayor. Um, I'm a lifelong resident of Santa Fe. I've been there 56 years. Uh, the house I'm in now built 22 years ago. Um, still there. U, a lot of my family is right there on the same block. Um, the resoning of this uh, piece of property has concerns. Um, my main residence is 220 ft from the property and I had a rental on a corner of Avenue O and 24th which is 90 ft from the property. Um, so I have two dogs in this fight, I guess, if you will. Um, my issues are self-sustained drainage, nuisance lighting, and excessive noise. Uh, that corner of 24th and O, any light rain, you're going to you're going to see flooding in that area. Drive by after after one of these rains. Um, and it just so happens a property that that they're want to annex is, it's almost like there's a trench that comes through diagonal across there and it's low line is it's constantly holding water. Um so I I don't know what kind of drainage plans they have going there. Um I mean Avenue is already being damaged from garbage trucks at the mirror waste repair shop. What type of truck can we expect this business to add to the damage to the roads? Um how will our already increased property appraisals be impacted with a commercial property next door? I have no idea. I've never been through this before. We're in a rural area and there's no commercial around us. No commercial properties. Um, Mr. Butcher had an opportunity to apologize to uh his neighbor about the fence that his crew ripped up while clearing his property. The uh timber mulchure hitch onto the fence and rolled up into a big old ball and it's still sitting there. That was I don't know two months ago, month and a half ago. Um he

was he told the uh PNZ meeting last week that uh the hurricane knocked that fence down which is not the case. Um he also stated the property had been sitting idle for 6 months. Um I don't remember seeing anything going back there for probably a year and a half. The weeds are growing up around that place until recently they they went and started mowing and clearing. Um they have a big rolloff box out there. Um, so we we had to listen for the last month and a half to uh timber mulches, chainsaws, you know, just everything for for clearing a piece of property out. Um, and it it come to a screeching halt this last couple weeks. Don't know why, but it did. Um, we were told by the crew that's doing the work that they were planning on RV sites or tiny homes on the lot. That's kind of what sparked our interest in what's going on over there. So, um, I write that one down. Um, there's either lots of misinformation or lies coming from Mr. Butcher. I don't know what it is because we've heard several different stories and different iterations of the story. What's what he's doing and why he wants to be up there? We don't know. Um, can I ask him is he a resident Santa Fe? Can I You just address the count. You're just addressing the council, Mr. Landry.

So, my question to him, is he a resident of Santa Fe? And if not, would the city that he lives in allow commercial right next to the residence that he's at? Um, think about that one. Um, all these issues will affect the quality of life around us and would appreciate the city council to hear our concern. Thank you, Mr. Landry. Jason, are you next? I'm next. All right, come on up.

Jason Landry, I have some pictures if that would be useful in case yall aren't familiar. I'll take appreciate it. Thank you. I've got it pulled up here on Google Maps. So, okay, taking a look at it.

Uh, my name is Jason Landry. I've lived at 5323 Avenue since 2002. My property is roughly 165 ft from the property of 5330 Avenue in. I grew up at 5301 Avenue O, my parents house since 1974 when they purchased it. Uh, the Clayton's, the Carpenters, Chuck, um, they, uh, they live at 5319 Avenue O. They were there prior to my parents, so they've been there for a very long time. Uh my brother and his sister and my sister-in-law live at 5215 Avenue O since 2000. They also owned the rental house at 126182 24th Street. My sister and brother-in-law owned the rental house at the corner of 24th, which is 12630 24th Street. You see that on the map. Uh, my main concern with the 5330 Avenue in property being zoned as commercial is excessive noise, activity, lighting, potential additional flooding, and now an open line of sight to the back of the building. You can see that in the picture. That's what we see when we walk out the back door on the patio. Uh, the back property of 5330 Avenue in has always been heavily wooded, which provided a buffer between us and the property. U and also the America waste garbage truck repair shop. So we never really had to look at it. We could hear it, but now it's a clear line of sight. Uh since it's been cleared, it's open direct line of sight to both businesses and any future lights, noise, and activity. Um it's it's open and visible to all the properties mentioned. We already have excessive noise and lights from the Braves football field for six months out of the year. Uh

practice and games start at 7 a.m. and go to late into the evenings with bright lights, yelling coaches and parents, music, and announcer on a very loud PA system. Um we're not ones to try to tell someone what they can and can't do with their property. Um being commercial changes that um which is our concern. Uh so we're only trying to save what peace, quiet, and privacy we have left. Um if residential commercial is granted, I hope we can work together to preserve any remaining privacy and minimize disruptions in our lifestyles that we've been used to our whole life. Thank you,

Jason. I I have a question for you and maybe for Craig too, but um so this this property used was operating in a in a commercial sense in the past, right? It has in the past. Yes, it has been several things. So whenever it was operating commercial, um things like noise and lights, I mean, was all of that an issue then? I cannot say that it was an issue. Again, there was a large section of that property that was heavily wooded. We couldn't see it. It created the buffer between us and the waste. And that's been taken now. That's completely gone. Cleared out all the way to the property line. Correct.

In the back where you have this this orange boxed out. That's what they cleared all out. Okay. Thank you. Appreciate it. Uh, is there anyone else here that would like to speak during this public hearing? All right. Well, then it is 7:45. Going to close the public hearing at this time and uh, council, the floor is yours to ask any questions of any of the residents or the property owner. Can we bring up We want to bring up

so that way everybody can have a clear view of what this street looks like. Um, and we'll provide that on the screens.

So, while they're bringing that up, one thing that I would like to note for the people who spoke, as well as a reminder for council, currently as the property sits, where it was sitting in a non-conforming use as agricultural residential, it did not have to conform with any of the regulations for our neighborhood commercial property. It was acting as a non-conforming property. So there really wasn't any regulations as a neighborhood commercial property. There are regulations that are in place as far as screening, lighting, operation times, noise, parking, fleet vehicles, any of those types of things. As a non-conforming use, there is not any improvements that can be made on that property at all. They are stuck as they are as far as anything with expanding the building or adding anything that has to be permitted. They cannot do anything else with that property. The Galveistston County Appraisal District and the tax office do have this property listed as a commercial property and as far back as I can find, it has been listed as a commercial property. So, as far as appraisals, it's not going to change.

Was it homesteaded or anything like that? No, it's been listed as a commercial property. Georgia, when you mentioned uh improvements, that means he can't expand parking. If it stayed like it is, he can't expand parking. He can't put more lighting in. He's limited to what he has right now to work with. Correct. Okay. Georgia. Yes.

When this changes to say this changes to commercial, is there any changes to water retention he would have to deal with or is this going to be grandfathered because it was already there. Will he have to take that? Is a terrible intersection 24th and man that it's a late um and I know this was there before and it but when we change it does he have to retain his water? Can he I mean we can't put water off on somebody else when this changes if it changes

zoning classifications will he be under retaining his own water? Will he have put a retention on it only if he's adding an additional footprint

if it did go because somebody was concerned that if he if we reszone it's too commercial and he went away they put a gas station can you put a repeater clause in there that states that you can't do that after it was you know what I'm saying

there is the option to deny the straight request for a reszone and have him resubmit as a conditional use permit for a multiple occupancy office building which is something that he had discussed after the deny from the planning and zoning. Um that would have to go back through planning and zoning and then come back for an approval for city council. So there is an option to do that, but that conditional use would stay as a neighborhood commercial conditional use for the entirety of the time that that building was on that property. Conditional use is tied to the permit holder, isn't it? If the property were to sell,

it's tied to the property. It's tied to the property. Yes. But Georgia, if I looked right, zoned AR, conditional use is not an option, right? Correct. Yeah. You know, And like what Georgia was saying earlier that had it never closed down and it continued operating as a as a non-conforming, we wouldn't they he they could have gone in there and built more buildings and put more concrete down and there's nothing we could have done to to require any type of detention or anything. So um no, even as non-conforming, they can't expand anything over these years. They couldn't have put more parking or anything. any upgrades to the non-conforming is not allowed.

Is that correct? Correct. So, and I'm looking for feedback from the rest of council here. I got a

I studied this for for a while. Uh, per our terminology, vacant or abandoned. So, if you go in and look at the definition of those terms, by definition, That means the building needs to be empty. No content, no activity. Period. By definition of that term, the building's not empty. It still has content. Individuals have been in and out of the building over this duration. So, by the terminology in our ordinance, it's really not out of compliance if you look at it in that aspect. So, in my opinion, there's no reason he couldn't move forward with the non-compliant because there has been activity in the building versus the reszone. My only I was at the I was at the meeting. I sat there and I listened to everybody. You talked about putting seven offices in there. I'm going to ask the question. Oh, you know,

go. Well, it's going to go far. I wasn't talking about you. No. Okay. Um, hey, um, Councilman Scher, if you can just hold one just a second. If we can move to the next item, that way we can have because we never came out of that agenda item. If we can go to the next so then we can add the public hearing to ask these question. You're right. I'm sorry. Item number three, consideration and possible action ZC-122925. Request to change zoning classification at 5330 Avenue in Santa Fe, Texas, legally described as abstract 47 L. Crawford survey part of outlot 287 287-1 outma outlots from a residential to neighborhood commercial. Council member Straer, you have the floor.

Okay. I want to We talked about buildings, building office space or something. You know, you never have nailed it down to what it's going to be. I see scientific tech services. I want to be very clear on what we're doing in that building. Uh there's not going to be any I mean, we're not going to be testing lab monkeys or stuff. So, I'm serious. So, council me councilman, I understand your concern for sure, but I just want to make sure that we're framing uh we're framing this correctly. Tonight, what's on the agenda is to um is to reszone it from a residential to neighborhood commercial.

That's correct. We can't put any um we can't put any um caveats onto that. If we want that to be the case, then it may be that it needs to go through planning and zoning for a conditional use permit. But all we can put I mean that's the way I understand it. I mean we can't if we reszone it we it's reszone neighborhood commercial. It can be used for anything that's under the neighborhood. That's right. Is that under that? Again it's a wide any of the permitted uses. I just uh under the current zone it can't go back for use. It's not an option for under the current under the way that it is now. No, it could not be because it's non-conforming. So, it's not like we're welcoming in a but I want to make

a permit for a stop. What Dana has said is intriguing to me. Is that is that the Did you say that again? The thought that Bernard Marks No. Um I mean is that the understanding of the administration? Technically under under that definition that is correct that it has not remained vacant. They have not moved. I drove by the property myself and looked through the windows uh and there's still some furniture in there. Uh there has not been a point of sale at least to my knowledge. Um the

that's another thing I was going to ask. Mr. Butcher, how long have you owned the property? I mean, did you just purchase it? No. You owned it back whenever it was still operating? 2004. So, what brought this I'm just curious. What brought this up to planning and zoning? Anyways, how did how did all of this come about? He had emailed me and was asking about getting a certificate of occupancy for a loan. And so when I asked about how long the property had been unoccupied because I didn't have a certificate of occupancy on file, that's what triggered

because it had been consistently occupied since it was in the county. Is that why there's not a CO for it? Okay. Gotcha. Ultimately, this will circle back to us cleaning up our language and our ordinances where we where we need to make some changes. Yeah. whether in the future non-conformance refers to tenants or and this was part of the strategic plan. We are no longer using the comprehensive plan. It was voted on that we would use the strategic plan uh from the city and it is in there to clean up some of that language guys just so the public knows. Mr. Butcher, is it your intent to expand or add to this property?

No, sir. I just want to run out the offices that are already existing inside the property. So you just cleared out just for u just for aesthetic purposes just it looks beautiful that for me it looks beautiful apologize if but uh the idea of the line I think trees and grass looks pretty good I understand and I'm more than willing to put trees and by the way as far as the drainage there is a pond and I'm willing to expand it I mean that's not a problem there is a pond on the property

so I I'm willing to expand that if that was a position, you know, absolutely no issue on that. My goal was to fence the whole property, 8 foot fence going all the way around. So, it would just be enclosed in that sense. And hence, uh, when we're applying for a loan, it can't be agricultural or residential. So, right. So, if if if it if we just left well enough alone, not saying I'm advocating for that one way or another, I'm just thinking out loud here. If we left well enough alone, meaning that he would not be able to improve the property in any way, correct? Would that be acceptable to you?

Well, as long as you allow me to fix the fence. Yeah. Yeah. I mean, not Yeah. No, no. I'm not adding any more footage to the property. Not putting more concrete down. No tiny homes or That's a whole different uh zoning. I understand. Yes, it is. Okay. All right. Council, any other questions for Mr. Butcher? I don't want to make him walk back and forth all day. No. Okay. Thank you. Thank you. You might have to come back up. We'll see. I'm not understanding why it came before. If he could have done it without had something to do with the loan. Is that what he can't get alone? What do we have to do then? Oh, so it can't stay a residential because you're I told you you'd probably be back.

Correct.

And occupancy will work also. So, if council is determining that he is compliant to continue to operate under a non-conforming use as it has been operating the entire time since it's been annexed into the city, then I can write that letter and they can close this loan. What about um so the the only the only concern that I have about that I mean I know we're all good will tonight you know but uh things change you know the the one thing that I worry about is leaving it non-conforming we don't have a whole lot of ability to regulate what that property like as far as shielding light noise all of that you know what I mean because those those requirements aren't under a residential. It's only under commercial where you have to make them put the shade on the lights. Y'all remember the

shield and having to put up a a fence in the back that's you know a barrier that's opaque and I mean we can't we can't um I mean we could ask him to out of the kindness of his heart but we couldn't enforce Yeah. It's not enforceable at that point.

Mayor, I go back to this u Our corridors need to be commercial. Our neighborhoods need to be neighborhoods. If we do this right now, like you're saying, we're coming back to this. We're coming back to it. We've been talking for two years about zoning up here and and now it's now it's come to light. Now we're having things come in here and the exact reason for it. Uh, but that when we put a a new business in a neighborhood, I want to know exactly what that new business is doing and I want to have some type of control over it because we've been in this position before. I wasn't on council then, but it was right before I got on council and we had across the street here, we changed something for someone and they said, you know, they were going to do something with it and they changed uh and it wasn't what they said they were going to do, but I we're we're pushing this zone. We're pushing our corridors, commercial, our neighborhoods, neighborhoods. It, you know, I I I see I know

being able to put not being able to put uh limits or on this property is troublesome for me under the way it sets now. if we were just to go and let it roll like it is right now and not change anything. George writes the letter, he gets his loan. I mean, we're we're in no man's land still. Sooner or later, we got to get to, you know, a Z. Nothing. We have to be black and white. We have to have some type of If anybody watched that meeting last week, they saw two things come at two different two different votes. It was the same stuff. So, whatever we do here, I mean, we can either whatever we're doing here, we're kicking this down the road unless we make a real decision. And I don't see how you make a real decision not knowing what it is. It's not like we're approving a Chuck-e-Cheese to come into town. We know that's going to be a Chuck-e-Cheese. You know, this right here to what he wants to do. I I just don't know. I mean, I This one troubles me. I I see both sides. Uh but it troubles me. I'm like Dane. I mean seeking advice from council, seeking advice from the mayor.

What triggered it to go from non-conformance to agriculture residential?

There are certain things that I can make a call on and there are certain things that I get to divert and this was when things come out of non-conforming. This is one of those things I get to divert. Um because it had operated so long as being commercial and because when I read abandoned and vacant, I took that as not having a tenant. So I followed the process and brought it to planning and zoning and city council. Council member Marks interpreted that differently, which once it was explained to me, it turned my wheels a little bit differently. And had I looked at that the first time, I probably would have interpreted that the same way, but that's not how I processed the first time. So,

this is one of those times where staff is asking for council's guidance. So, according to county and cat, it's still listed as commercial. It is and it has been listed as commercial. It has never been a residential property. No, no slinging anything anywhere. So, we need to correct the problem. Well, it's an egg though. What do you mean it's an egg? It's a commercial. So, generally commercial when we annex something resial zoning, right? Yeah. But it's classified in CAD as commercial, right?

Generally, anytime that we annex something, unless it's specifically listed as an R1 or light manufacturing or highway commercial, specifically when we annex it, it automatically goes into agricultural residential. So unless someone went out and specifically listed it as something this a long time ago was added to somebody's act a use, right? This was annexed in during the initial establishment of the city. So unless someone went out and identified that one parcel as being something different, it wouldn't have been identified as something different at that time. Hawai residential must have been real different then.

It was out in the county. You know how many you know how many businesses are operating on a residential land out in the county? Well, it was the county because we weren't a city, right? So by city the property is zoned a residential but by the CAD the building is classified as commercial. Yes. Correct. And then within my reach right now, I can't enforce any commercial regulations on it sitting as a non-conforming commercial building in an a residential zoning.

I think um and uh I don't well I say I don't get a vote. I might get a vote tonight, but um already got one.

Yeah, I already got one. Um, I council, what my opinion is is that in order to be fair to the residents, in order to be fair to the property owner, uh, he didn't ask for the city, you didn't ask for the city to annex you in, did you? Not very many people do. Um, to me, I think what the win-win is is to is to ask him to go back for a uh zoning change with a conditional use permit. That gives the city the ability to require to enforce things about noise ordinances and light ordinances. It gives us some teeth to protect our residents. It also requires him to continue operating the way that he has been operating until six months ago so that he can't bring in any type of new business. Um, but it's not kicking the can down the road because now we're not just turning a blind eye to it

where we have black and white that we enforce. My concern with that, Brandon, is that in two years when he decides he doesn't want to do the building anymore, his conditional use permit is null and void at that point, but the property is now residential commercial. No, the conditional use permit will always stay with the property is what George said. Yes.

Never be any it will never ever be allowed to be anything other than an office building. So if if he requests a conditional use permit for a multiple tenant office building and it's granted that conditional use permit, then that conditional use permit and neighborhood commercial for that building is going to stay with it for the life of the property until it is requested to be something else. Just like what I'm can we have all that information that we want in the thing so we don't have to keep doing this can we have our you know conditions listed that'll go through P&Z

when it goes to PNZ can we have this so they can make a decision then we can make a decision so we can't impose special conditions on him that aren't set in the ordinance so if it's not required in a neighborhood commercial. Conditional use permit. That's what I'm talking about. Can we have whatever we're going to put in that conditional use permit? When he comes back here, if he come, if we do what Brandon says and we come back to TNZ, can we have everything in that? So, when they see it, this is what it is. He can do this with these restrictions. Can we do that? They don't have to be. Huh? Yeah, it'll have to be. It has to be written out. That's what I'm saying. I mean, so, so when they come the next time,

we're not doing what they did last week. We're not doing what we're doing right now.

Here it is. And then they can make a vote, you know, and then it can come back to council. But it's done. So, we're not going through all this. Let's I'd like to get, you know, what the restrictions are going to be in that conditional use permit. Well, it's it's going to say that he's applying for and I'm giving the office with multiple tenants because that's what we had discussed after the planning and zoning meeting. So, it's going to say that he's applying for a conditional use permit in the a zone change in the neighborhood commercial for a neighborhood commercial zone with a conditional use permit for a multiple tenant office building space. And then that's all it's going to say. The conditions will be everything that is required within a neighborhood commercial zone which are the screening, the light restrictions and everything within that. But

what about scientific research that wouldn't be allowed under the if it's an office space? I mean if it's office what is scientific I mean I don't know but that's not I mean scientific research we got a we got a we got a coarian monkey running around here would be I'd be happy to answer how that ended up that way if you not what I wanted I mean if it's medical I can I can't but

Georgia if if we decided to go that direction and have him go and ask for conditional use permit would you be able to administrative atively give him a temporary CO that would satisfy his lender requirements so that going back through this process doesn't hold him up. If council will vote on that and approve it, then yes, as long as the occupancy is whatever you just said, office, how do you term it? Multiple use. Multi-tenant office space.

Multi-tenant office space. So, he's going to apply for another permit and we're going to wave the permit fees on that because we shouldn't be here in person. I agree. I think that's fair. I'm not trying to be nasty. I'm just not his fault. Growing pains. Are you good with that? I'm good with that. Thank you. I don't know how to make that motion. Well, deny this. You have the vote to deny this. the the zoning change because he's going to have to go back through PNC. So you would if that's the case tonight, don't

Yeah. Yeah. So we we would have to vote to uh we would have to vote to deny the zone change and then also um authorize I don't know do you do you need our authorization authorize Georgia to issue us a temporary certificate of occupancy while he's going through the process for the purpose of being a multi- tenant office building. So what will the new zoning be? It'll be neighborhood commercial with a conditional use permit for multi-tenant office space. Please don't ask me to say it again.

You didn't know you were going to say it sometimes. I mean, I don't know, council. I mean, to me, that just seems that seems the way to keep it the way it's been. And I think that's the only fair way to do it. I mean, so the conditional use permit stays with that property from now on. Is that what you're saying? Unless someone purchases the property from him and comes and requests to do something else with the property, it would stay with that property because that's where when we discussed conditional use permits, it was Lemon Tree Cottage. The condition was if they ever sold the place that that was null and void. I do remember that

there was I found an issue with that. Okay, that's but that's why I asked is because I recalled that instance.

100% sure yes that the permit stays with the property not the owner. Yes. Okay. 110 ultimately it's up to y'all council 110% 110

I move to deny the reszoning request but authorize this is a hard um authorize Georgia to give a temporary certificate of occupance for a multi-tenant office building until um yeah until until until it's brought back to PNC PNC and then um did we also want to wave the also to wave the use permit the permit use that's official

can can we can we do that one more time because I think we just need to make it a little bit more clear than clear as mine if I think what you're saying is that you were are voting to deny today's today's action and that you want to give them a temporary yes certificate of occupancy certificate of occupancy until um the next regular schedule yes PNZ meeting and that you want to allow the city manager to wave the yes fees okay what's that say Um, no. I move to Yeah. No, that's good. He said it just like you did. I know. It's clear enough.

I said it. All right. It has been moved and seconded to uh deny the um reszone from a residential to neighborhood commercial, but to create grant staff um the permission to um issue a certificate occupancy. Occupancy. I'll get with you. I'm not gonna forget you to grant a temporary certificate of occupancy while it is going through planning and zoning and to um authorize the city manager to authorize the permit fee for the or the application fee for the conditional use permit

to be waved. Is there any further discussion? Yes, sir. You'll have to come up here and address council. Mr. Carpenter, right? Okay.

So, um I would like to clarify a couple of things that have been mentioned. Um the uh property owner said that he uh ripped down all those trees and all that greenery. If I remember correctly, he said it was because it looked better, was more aesthetically pleasing, and you retorted that people love trees and stuff. Well, right after those got torn down, I got visited by two of his workers uh at my front door, and they wanted to talk to me about a tree on my property. And so, we went back to the property, and there's the tree was um it's got these vines hanging out from it, you know, and it turns out the tree was on Richard Land Landry's property. And in the discussions with these two workers, they said the property was going to be turned in to a lot for RVs or tiny homes. And so I I think I'm just surmising that he jumped the gun and didn't know that Santa Fe was not allowing that anymore. And so now he is um going to plan B. And he's also correct that there is a pond on the uh on the property are actual there was because all those trees and brushes that got cut down, guess where they got placed? Into that pond. the uh the pictures that Craig Landry gave you, that that big pile of trees on the right, that's where the pond used to be. So now we're even more worried about flooding. So um permit the trees were pushed in the pond.

Yeah. Piled up in the pond and the workers told me that they were going to burn that huge pile of trees with the fire department out there. But and and Richard Landry can confirm that he they the workers did say that it was going to be turned into a little RV lot. That's not going to happen.

Well, I know that, but you know, again, like I said in my opening speech, you know, the dark horse is what actually is going to end up being here. We don't know. Well, we will know if it goes through this if it goes through planning and zoning with the conditional use permit because what that means is is if planning and zoning approves that, then it can only be used for that specific use. That's it. Can't be used for anything else under neighborhood commercial. It can only ever be an office building for the life of the property unless they come back.

Okay. Okay. Then my question is if it does go back to the conditional part, can a condition be that he let at least a part of all that trees and brush grow back up again so that those of us that are behind the property can't see it and also it can buffer out some of the noise coming from them as well as the truck service. So the answer to that is yes. And and what I really think Mr. Carpenter is, you know, there's no there's no perfect scenario, right? We're just trying to get the closest to a perfect scenario. To me, reszoning it as neighborhood commercial with a conditional use permit is a win-win

because y'all get knowing that it's never going to be anything other than what it's always been. That's what y'all get. And he gets to operate and now we get to require um what what are all the words for? But when it's neighborhood commercial, we are able to enforce lighting ordinances and I can't think of all the terms, but they've got to put up Yeah. Um I don't know why I'm going blank on all of them. Training, parking, there's uh

tree requirements. There's that ordinance goes over everything, but there's a multitude of things that once it is reszoned, we have control over saying that they have to do it and it's enforceable. as agricultural residential more than you need to mow your grass and your house can't be in disrepair. We can't do a whole lot. But as a neighborhood commercial zone, we do have further enforcement reach. So it gives us the ability to enforce all of your concerns and pigeon hole pigeon holing him into just having it for that specific purpose.

Right. So again, I can request or us the neighbors in general behind him can request that he allow at least a portion of that greenery to grow back up again. You can enforce the ordinance. You can that you just

what's in there can can be enforced will be enforced, but we cannot impose regulations on him that are specific only to him that would not be imposed on someone else. So if you wanted to cut down a tree on your property, I can't tell him that he has to make trees grow on his property and tell you that you can bring your entire property down to ground level grade. It if it's not going to be enforceable on one then or even Mr. Lander's property. So if the two of you have the same type of property, I can't impose rules on one like an HOA would and then not impose it on the other. So the rules that are listed there are the ones that we can impose, but I cannot impose special regulations on him by law just because he's at that particular property and it would be more if he's into the neighbors.

We can't pick on anyone. We have to be fair. Well, but but it's commercial. It's going to be commercial. And I can impose the rules that are there, but I can't impose special rules on him that are outside of that just because it's more appeasing to the surrounding neighbors in that particular area. Yeah. Okay. All right. Thank you. Is this for me or? Yes, you can. Thank you. All right. Uh, council, any other comments? If not, then Natalie, I will call uh for the vote. Council member Shider, yes. Council member McCain. Council member Janette, yes. And council member Marks,

yes.

Motion fails. Thank you, council. All right. Item number four, public hearing. Um, and don't feel like y'all have to stay here. You're more than welcome to. Um, but I know it's late. Uh, item number four, public hearing, ZC-031626. Request to change zoning classification at 6525 FM 646 South, Santa Fe, Texas. Legally described as abstract 48 L. Crawford survey part of outlot uh 196 196-10 outlots from a residential to neighborhood commercial. Uh it is 8:20 now. Open up the public hearing comp u public hearing time. There's anybody that like would like to address council.

Good evening mayor and council. I would like to address you again.

Long time no see. The property located at 6525 FM646 has requested to reszone the property from agricultural residential to neighborhood commercial. In 2024, a permit for construction of a residential storage building with electrical service was issued and that was completed in July of 2024. In February of 2026, an anonymous code enforcement complaint was filed regarding the no noise that was being emitted from the property's commercial operation as an instructional facility for baseball and or softball activities, specifically batting instruction. The fire marshall investigated the complaint, made contact with the property owner shortly after, which prompted a meeting with the community services department to discuss the use restrictions of the agricultural residential zone. During this meeting, Mrs. Raina filed an application to reszone the property from agricultural residential to neighborhood commercial which would allow for other schools and instruction as a use by right. Currently the operation is utilizing a crushed asphalt parking lot and a portican which would be required to be addressed at a later planning and zoning meeting should the request to reszone be granted by planning and zoning and city council. Exceptions to quarter development standards and operational standards were not voted on during the agenda item during the planning and zoning commission meeting. Uh during the planning and zoning commission meeting, a motion by commissioner Mills and seconded by vice chairperson Wagner McGee was voted to approve the reszone and and it was passed unanimously.

All right. Uh do we have anyone to that would like to address council during the public hearing period?

Good evening. If you'll just state your name. Kelly. Well, when you Yeah. When you get up there. I'll I'll take one. Yeah.

I don't know. Georgia, it was P. This was passed unanimously. Yes. Okay. You're 100% sure about that? Yes. Okay. Good evening and thank you for your time. Um, state your name, please. My name is Kelly Raina. Thank you.

I'm the property owner at 6525 FM646. Um, I'm here regarding our facility and the reasoning process. We want to start out by saying that we respect the city's regulations and fully understand the importance of bringing the property into compliance. Our goal is to do this the right way and work together with the city throughout the process. We are requesting neighborhood commercial zoning because our use is low impact and consistent with other neighborhood commercial properties along this corridor. Based on the city zoning map and surrounding properties, there are already multiple neighborhood commercial properties along the same roadway. We are simply asking to be consistent with what already exists. Our actual use is low traffic scheduled and community- based, which aligns more closely with neighborhood commercial than highway commercial. We also want to be transparent about the challenges we're facing. As a small community-based baseball facility, the cost of bringing everything into full compliance all at once creates a significant barrier. Because of that, we are respectfully asking the board to consider a phased approach to compliance, allowing us to address the most critical items first and then complete the remaining requirements over a reasonable period of time. We also understand the concerns that have been raised by the neighbors. We want to be clear that we are committed to being good neighbors. We are willing to spread out our our scheduling, limit the number of participants at any given time and put a clear parking plan in place to reduce any impact on the surrounding area. This is not an expansion to a larger or different type of operation. This is a small business, a small baseball training facility focused on local kids. If possible, we would like to ask the board to consider allowing limited or modified operations while we work through the compliance process. Even a restricted level of use would allow us to continue serving families while making the necessary improvements. This facility means a great deal to the kids and families in our community. We are simply asking for

a reasonable path forward that allows us to comply while still keeping something positive and valuable in place for them. Thank you for your time and consideration. Thank you, Miss Kelly.

I would like to mention just to give you a little bit of insight on um some of the teams that we have. Um we do have six baseball players and five softball players that are current players at Santa Fe High School. We have 25 plus athletes that are Santa Fe residents. Our coaches are local coaches, many um who are teachers. Actually, six out of the seven of our coaches are teachers within the community. um our athletes are um are being mentored and uh we actually some of our older athletes like our high school players will go and um attend some of our 10 10-year-old practices and so I think it's it's a really great opportunity for them um to learn the leadership skills and mentor skills mentorship skills um just to give you a little bit of insight we are a private appointment based only um it's one-on-one instruction instruction in small groups from 3 to 12 participants at a time. We do not have open gyms. We do not hold any large events and we primarily serve local athletes. Our sessions are scheduled with 15inute intervals to keep minimize overlap and we limit traffic due to controlled uh scheduling. Our peak hours are from 3 to 9 and we have limited weekend use. Um we do have on-site parking. We've uh we've never ran over into street parking and uh we do have two driveways that access the property.

Thank you for your time. Thank you, council. Do you have any questions for Kelly? We can ask questions

or I guess it's a public Is there anybody else that's here to speak in the public hearing? Sorry, Kelly. You'll be back though. Be ready. Yeah. Don't go anywhere. I'm afraid of that. No, no, no, no. Daniel Meyer. I live directly in front of the property. The issue

across 64 1930. Yeah. Directly in front of um the issue is the noise primarily. I don't I mean the traffic as well. I mean I we've lived there for five years and it was quite peaceful before and whenever I get off work is whenever everything starts up so it's the noise comes in and even since the last meeting they've opened up the doors and have started hitting again and it's been loud. They've been occupying the building.

Yes, they've been there. Not as many as there was before. Absolutely not near as many but they were they have been there and the doors are open. And the other thing is is there is insulation on it, but that insulation is for radiant heat. The doors are not insulated. Even if they were, they're always open. So when it's cold, it's closed. Whenever it's warm, it's always open. And the two doors directly aim at my house. So every time you hear a peeing, we can hear it inside the house. And then when I try to relax out in the back, it just echoes everywhere. And so the only thing I'm worried about is with the transparency coming about whenever the anonymous complaint came in which was not me surprisingly um and is still occupying which I think the last time it was stated that they were not supposed to be using it and so I think the only thing that I'm worried about is the respect of being able to adhere to the laws in the order to be able to bring the noise down to come into compliance. I'm all for the neighborhood commercial because as y'all were speaking before that does create constraints to be able to allow laws and ordinances and I'm all for that. I I'm actually as we're as y'all were speaking it's like okay this is a really good thing. I just don't know how it's going to be respected along the process and the the grace period because I feel like the grace period has been the year and a half that they've been operating. So that's kind of where I'm standing. I'm and I've tried talking to them. I did the the neighborly thing do under your neighbors as you want to be done unto and speak to them about the noise. And again for about a month or two it did quieten down but then it just got loud. I don't know if anybody's heard aluminum bats, but they are incredibly loud. I did not know they were that loud. So, um, that is my main concern is that process. Again, we can move the neighborhood commercial sounds amazing. It's just the sounds that are going on. And then the traffic in and out. Yes, it did increase. Um, they did stop where people were sitting on the road before

they would come in. They did do better on that, but from by the time I get home, by the time we go to bed, we're hearing pinging a lot. And so that's one of my major concerns is the addressing the quietening of the building if they're going to operate and if they can close the doors and keep everything inside. But operating while still doing the ordinances seems like another issue due to if they're not adhering to certain ordinances. Is that open up the city to liability on a lawsuit if somebody gets hurt while it's not up to code and ordinances? That's another concern. So it's just that that is my main thing. So thank you.

Thank you. Uh is there any uhbody else who would like to speak during the uh public hearing time? All right, it is 8:31. I'm going to close the public hearing. Item number five, consideration and possible action request to J to change zoning classification 6525 FM 646 South Santa Fe, Texas. Legally described as abstract 48 L. Crawford survey part of outlot 196 196-10 outlots from a residential to neighborhood commercial um council. This is an email um from Georgia um to uh Miss Raina on March 17, 2026. It says, "Good evening, Mrs. Raina. I apologize that I was unable to attend the meeting with you last week, but from the updates I've received, it appears that the meeting went well. there is sufficient progress in an attempt to remedy the current zoning use issue. In the event that it was not addressed during the meeting, please let this serve as formal notice that current operations must cease until the reszone request process has been completed. Continued operations of a business in an a residential zone are considered a violation of the zoning ordinance and may result in a $2,000 per day fine for each day the violation occurs. We understand that this poses an inconvenience. However, it is necessary for compliance. Thank you for your c cooperation. Kind regards, Georgia Argentine community services director, city of Santa Fe.

What's the date on that? Uh that is Tuesday, March 17th.

Uh council, any uh questions? I have some questions for Miss Raina. Okay. So in our paperwork, it says that the original request um to build the permits you pulled were for a storage facility. Correct. Not a commercial storage facility, but a a person. How long have you been operating the batting cages? Um we've been operating for about a year. Okay. And how how long while operating the batting cages were they were you permitted for a batting cage? We were not. Okay. So you were illegally running a a business? So, my husband has been coaching for 20 years, and I'm just

I'm just explaining.

I don't know. I I have learned more in the past three weeks about zoning and residential and commercial than I have my entire life. And I'm being completely honest with you. I did not and still do not 100% understand all of it. We have My husband has been a coach and he's been doing private lessons for 20 years. So, I didn't see anything different from what we've been doing out of our home in our backyard than our than a different property that's in a different name. I did not understand that that we couldn't use it. As far as I knew, we could use it as a home occupancy as a a self-employment. And so, that is what we've done. I did not know until this noise complaint came across that there were issues with the building. Yeah, I think I think that I mean I understand I understand Rick on that. Um, so whenever you filled out the application and you filled it out as as being a residential storage building, was that the intent? Yes.

For it to just be res?

Yes, we still plan to or our intent is to build a home on the property on the back side of the property. And when I discussed it, when this was all brought up, um my biggest concern was that if we did turn it to commercial, we wouldn't be able to. And I discussed that Georgia was not here, but I discussed it with Belinda, which then she told me if you changed it to neighborhood commercial, you would still be able to build a home. So, this building was just basically a storage building for a lot of the things, a lot of our equipment for our teams when we first built it. Are you um are y'all uh are y'all operating out of the building?

We are not operating, but I was under the impression that we as a family could still use it. And so my son and my nephew, who I just told you are um current players at Santa Fe High School and trying to make the playoffs, go in there almost daily. And I I understand I I wish I wasn't here today and I wish that this was we could have a win-win for everyone. But I do feel like when you're talking about noise, that's very subjective. So, if you go to church and you're sitting in church and there's a baby crying and you you are just happy that the baby's there, but someone else says that baby shouldn't be in here. Those parents need to take that baby out. Who's to say who's right or wrong? One opinion may say that baby should stay in here because we want that baby to grow up in this church. And somebody else may say, "Well, that's annoying to me. I go to I fall asleep to the sounds of baseball pings. I have for 20 years. It's the best noise in the world to me.

Just getting started. Yeah. My issue is not with the noise. Um my issue is the fact that you guys were operating a business without the proper permitting and without the correct certificate of occupancy. That is a huge deal. That is legally a huge deal. That's why I'm here today.

I understand. But I mean, you've been running it And that's it just doesn't sit right with me that it's been going on and it forgive me if I'm wrong, but it feels to me like the only reason you're here now is because you got caught and that you have to do it now. that and I'm I'm not saying that's just the way the perception of it is that you would continue doing it running a business on a residential piece of property without without any kind of restrictions that a business would have and you were doing it until you were told that hey you can't do it anymore or you you weren't supposed to be doing it from the first in the first place. That is my my whole issue with this whole thing. I think it's a great idea to have a batting cage. I think it's a great idea for that piece of property to be commercial because it does run on it is right on 646, but no business should be there until all the in my opinion all the codes are are in compliance. There should be no grace period. It should be all or nothing because we can get in Can we get in trouble for a grace period for letting them occupy it as a a temporary business? Georgia,

we we do not get in trouble. Okay. Well, her as a resident or or as the owner of the property, could they She could. Yes. Yeah. Okay. So, um yeah, I think we just have to be careful, right? You know, um about, you know, what kind of president and I'm the same I'm the same as you. The noise would not bother me at all.

So, I'm just say that. And again, remember from the first time, I like to think out loud, right? So, don't read into it, but I'm an Aggie. It's hard to think anyways. And so, I try to do it out loud and that way if I get too far off the tracks, you know, somebody will pull me back on. But, um, never been on the tracks. Well, there's always hope. There's always hope. So, so Georgia, um, is there anything legally preventing them from utilizing this building personally?

Personally, no. But we skirt a very thin line between And what does personally mean? We a very thin line between if they just operate say, "Oh, we're not a business. We're just operating off of donations and we have a suggested donation for a 15minute session, right?"

And my it kind of goes back to the other situation. My definition of one thing could be different of your definition of one thing. So Natalie and I could be friends over practicing together and then if I take you with us, that could be viewed as something different. It could a completely different operation. So, it really the guide fishermen deal with it every weekend. Oh, no. These are just my buddies that I brought out on a fishing trip, right? You know, because they're not licensed by the Coast Guard. What uh what would be uh what would they have to do to come into full compliance?

They're going to need restrooms. I'm going to need Sorry. They're going to need restrooms. They're going to need to come into full fire code compliance. So, exit signs. Um, Manny, please let me know if I'm missing anything. They're going to need fire lanes. Um, we're going to need to have caught me off the top of my head. Um, that's okay. Just hit the big ones. I mean, I'm not holding you to it, but what are they going to have to do? Are they going to have to to uh pave the the parking lot?

The paving of the parking lot is subjective to planning and zoning. That is something that we've given exceptions or not we that planning and zoning has given exceptions in other areas for uh but they are going to have to speak with DD1 about whether their drainage is sufficient in that area for what they've got. But the restrooms and the fire compliance is the biggest thing. So in order to to so in order to get a CO they're going to have to have an approved drainage plan. They are going to have to have in the drainage district. Did y'all did y'all perform any drainage? We have a swell on the property, but we've never done measurements. Gotcha. Build the building on property. Yes, sir. Did they have to go before D1 before they did that? No, not for a residential property. You

do not have to. And then they'll also have to have the screening because it does butt up against residential properties. Well, see, this is what I was asking last the last. So if she gets this reszone, she will have this building will have to meet DD1 standards then.

Yes. Because they are going to have to have additions immediately. They will have to put restrooms in. They the way that the building is laid out, it does not have room to immediately put restrooms in because plumbing was not laid in that foundation at the time it was built. So, an addition is going to have to go in, which is immediately going to trigger having to go to DD1 for review. The other building already has established parking, restrooms, so on and so forth. So, we are on uh the way our property sits, we are considered city limits, but we do not have city water. So, just nobody has city water.

Well, we would be on well and septic is what I'm saying. Um, so that alone is going to be just just the well and septic is going to be 25 grand plus. So we are we are sitting on like a financial um major financial upgrades and um so that is why I'm asking for a phased a phased have you priced the fire being to fire? I believe that our building is is well the exits or right I believe it's mostly up to code. I would um I think that those would be minor minor adjustments. Your major thing is going to be the restroom the 25 grand for and then yes

water and then the depending what the drainage report is. Kelly, I uh I love what y'all have, what y'all brought to Santa Fe. Um I think it's great. I think it's it's family entertainment, I guess you could say. But it's, you know, um kids aren't having to go to Dbat and Webster. Yes.

They can stay here in Santa Fe. I love it. My problem is, just like with the with I think a couple of the other council members, is the way that it happened. I wish gosh, if I had three wishes, Kelly, I'd burn one of them to say that I wish that you would have came up to the city and said, "Hey guys, we know when we originally applied for this, it was just going to be a storage building, but now we're going to be um doing some private lessons out of it. We just want to make sure that there's not anything that we need to do before we do that. I wish that and I know you do too.

I was going to say if I had one wish it was that I would have known all those things before and just I know I can stand up here. I've I've watched the previous one and I can stand up here and tell you all day long what I'm going to do and it's basically you have to take my word for it. I am a rule follower and um so We do plan on doing whatever we have to do as long as we can financially afford it um to come up to compliance and do what we're supposed to do. So, we're not here to fight this. We're here to get on board and make sure that all those guidelines that I was not aware of before, I'm aware of now. Yeah.

And this is our first business. This is the first property that we've ever bought that was just property. And I can truly honestly tell you that I did not understand any of this until about a month ago.

Yeah. No, I believe all that. Absolutely 100%. I think um what my concern is um is being careful of what kind of precedents we set, you know, um because, you know, if I wanted to buy a piece of land and and uh and start a business and I came up here to Georgia and I said, "Hey, Georgia, I want to start a a batting facility business with a metal building." Um and what I'd like to ask is that y'all would consider letting me peacemail it together, but go ahead and give me a co to operate. Her answer would be police.

No. Answer would be no. We don't allow that. Um and so what what I think we have to be careful of doing is putting the message out there that hey, if you just plead ignorance and say you're sorry that they'll let you piece me stuff together, you know. Um, it's a tough situation. I mean, I I hate, you know, I hate for you to to to have to be the one uh, you know, and I don't know how council's going to vote on this. I'm just talking me and you, you know. Well, we're not going to make that decision tonight, right? This is just to reszone the property. Correct. Well, this is just to reszone the property. Yeah. But but the last page,

I think I think it is. We have to give Georgia some kind of direction on whether we're going to allow Georgia to give them a temporary co. That's it. As they build this out or not because I mean that we we've Georgia does she brought that to us to make that decision. So I don't think there's any I don't think that there's anybody on here that's against reszoning it. Now we've got to figure out, okay, what are we going to do? you know, are we gonna are we going to stick to the are we going to stick to the rules or are we gonna are we going to grant some type of of exemption?

I I have a question. So, just as I was looking for um resources to help us come into compliance knowing that we're fixing to be faced with very large um expenses. Um, I did find some information on the bear program here in Santa Fe. And so I was kind of looking into that thinking that maybe possibly potentially we would we could apply for it. And um the one thing that I noticed that stood out to me was that um you cannot move forward with anything until you're approved for that. Um, and from what I understand from the EDC, that could be October before they even um, review applications or have the I guess budgeting for that. So, um that's another reason that I'm kind of asking for a phased compliance and maybe that we meet um safety regulations for the building um right right away, but then also have some time um to come up with the finances to do to get septic in well and things like that.

Yeah. No, I understand. Yeah. I that's the bear program is is a program of the EDC. We don't we don't make that decision. Um, you know, I think on the surface they're well, we don't make that decision. So, I don't I'm not going to speak I'm not going to speak for the bear program what they're going to do or not going to do, but I certainly think that that's uh an option that that you should explore, you know. And is it possible to get and I don't understand these 100% but the temporary occupancy or the conditional occupancy? Is it is it likely to to be able to get something like that? That's what we're fixing to tell you. Okay.

Yeah. I think um I think life safety issues are off the table, right? So, whatever the fire marshall dee, you know, deems as um is necessary for life safety, I think that has to be done immediately. Um and then, um council, you know, it's up to council's um discretion on on what they what they want to do with the rest of it. I think that the deficiencies are so spread out that it's going to be too difficult to do a tiered or give a temporary certificate of occupancy because there's so many deficits on in different levels. So there's fire deficit, there's the water, sewer, there's you know the building itself. So I I just don't know how that could

where's the fire. So the signs and everything fire extinguisher probably. I don't know how big it does. It have to have a a fire suppression system in it. It's not big enough for that. Okay. Well, that's good because that's a lot of money. And so we do have So we have parking as Georgia said. It's it's um it's compacted asphalt. So we we do have parking. We do have drainage as well. Um and right now we are using um a quarter potty. So we we do have things on the property. Um, I understand that that doesn't mean that they're in compliance, but just letting you know that we do have um we do have those things.

I think their biggest right now right there, the warrant I think

it is. It's a make or break. The issue that I have again when I go back and I wish we weren't gosh I wish we weren't here. Uh but the issue that I have is that if we say if we tell you that you can you can operate conditionally while you're you're making the money getting the revenue to put in a septic. Is that something we're going to offer every other business that comes to Santa Fe? So you can have porter cans outside your building and we'll let you operate as a business until you make enough money to put in tie into the water or put in the setting. I believe that the major complaint from the neighbor is when we have a team there. Um, and so, as I said before, my husband's been doing one-on-one lessons for 20 years in our backyard and, um, we live 10 foot from our neighbors. Um, never had a complaint ever. Um, so I guess my question to you is by and I don't know if it's temporary or conditional, but is it a possibility that even if we can't bring a team in right now that we can still continue to do the individual lesson?

Yeah, I I don't know. Um, that's that's certainly something to consider. But again, you know what, at least what I think the responsibility of council is is we have to think about the big picture, right? So, um, if somebody wanted to, um, build a restaurant and they didn't have the money to tie into the water, would we be willing to tell them, well, you can only service 25 customers a day until you get water and like in a pre-development meeting?

We wouldn't tell them that. We tell them you've got to put in water and sewer. So, I mean, I'm just say, you know, we just have to be careful um when we make exceptions. I think not saying one way or another. We can't monitor every business in town. No, we can't Somebody's alarm clock's going off. Any have any other questions for Okay, thank you.

It's off, Tony. It's off. Please don't make me have to rule you out of order.

What are our options then? Well, our options are um that we can either approve the reszone or deny the reszone. I think that's an easy decision. What our options are is whether we're going to um allow um Georgia to um issue a um temporary CO or not. um while it's coming up to compliance and if we are then what would what we would require that to look like? Well, it sounds to me like the complaint is noise level.

Well, Matt, have we gone out there and got a decel level of a long bat? Reszoning. Reszoning will fix some of that because they'll have to comply with um screening. Well, talking about the what you I mean the up until until Oh, gotch. Yeah. I mean, how many and the deal is I mean, they're still going to continue to use it. I know. Do you have video privately, you know, they can do it as their family? Family, I guess. Yeah. The problem is going to be when those friends, excuse me, are on the that were and the friends bring more friends. One of the things that

I can understand the family and friends, but I just want to know tomorrow, you know, if we're going to allow them to be out of compliance, I mean, how bad. My opinion is that if they're out of compliance, they can't operate. They're pulling up the video. I mean, I've heard what's video. I mean, I I just want to level what it sounds like from their back porch so that you can understand, but it's hard to see on video. I mean, you can hear it. That's baseball. That's kids. I'm not hating on that. But so I just want to know what the decor

and it was one of the things that was discussed. I bet it was loud. Yeah. she's currently looking for. Um I think I think the main thing is is um if we can get that under control, that's my biggest issue. Um everything else is perfectly fine. is just I think that's why I was wanting to come is just to address that main issue which is the sound and I'm um I do not want to no pity or anything but being on the autism spectrum it does cause u noise sensitivity which again get over it. I get it. I really I really wish I could and and in in Jesus name I pray about it all the time. Seriously. Um, and I and I'm a healer.

And I'll be and he is. And you know what's amazing is whenever all this was going on for the last two weeks, I was like, you know, in the name of Jesus, bless them and guide them because he says to pray for your other side. And so I prayed and then this all came about. And so I'm like, "Okay, Lord. So you're working and moving." Because I even prayed, "God, please take this sensitivity away." I don't want to be that way because they are helping kids. They're working with kids. I get that. I understand that. The difference is Jesus said, "You've been given freely, so give freely. There's a charge going on. There's a difference. When I work with youth, I work with them for free. There's a difference. So, when you charge, there comes a certain responsibility that goes with it. And that's what I'm really concerned with because I just I've got the noise high the the noise from the highway. Um, I've even got a carpentry shop over. I don't hear anything from over there. It's when they open the doors and it comes straight my way. and the blatant disrespect when they just open the doors because they have two or I think two other doors that they could open up but they open the two on my side and that's where I'm kind of like okay Lord this is really pushing the limits here so that's what my main concern is and again I not coming up here asking sound like a whiny little baby but it does it's really loud were you able to find that video

okay so that's the main thing thank you

thank you appreciate it So council it will be addressed if it is resone to neighborhood commercial for what the decel we don't have a decel reading as staff up here um you know a video can can provide insight but it's not a 100% accurate perview of of what that sound is without the true decibel reading. Um so uh but with changing the zoning it will give us the uh teeth if you will uh to enforce um our guidelines uh for sound. Uh but for what we need is for Georgia is if she can have a temporary CO or not for this project um or for this uh uh business

and a CO part of that CO is a number right isn't it the temporary CO allows me to give 90 days no I'm talking about the number of occupancy that can be in that building at any given And that's

the temporary is only good for 90 days. Then they would have to apply for another one for an extension. Yeah, it's going to take longer than 90 days. How long do you think it it would it's going to take you to get into full compliance? The train I was at least 12 months. 12 days.

That would just be an administrative deal, though. If she were to get a temporary, she just has to come up here every 90 days and get it from you, then have to come back before council. So, the way that both of these items were presented were not a first reading of an ordinance to change because both of the items that council was presented with were quite controversial and we're going to need some type of adjustment for operation. Um, so this is an oversight item to decide if we were going to go to a first reading of an ordinance. So once it comes before council, council has 12 months with this item to decide whether the zoning changes or not. So if we were to be granted the option to issue the temporary CO and see what the progress is made within that 90 days before you issued the first reading of an ordinance, then it may give you a better idea of where they're going to sit at with compliance. Uh, Kelly, if if you had one kid for every coach, how many coaches do you how many coaches are there at the same time?

At the same time. Um, how many you know what's your what's your capacity? How many kids? No more than No more than three coaches at a time. So, three coaches and three kids, correct? Of course, you there's going to have to be some parents there, correct? And maybe you or or your husband. council. I mean, I I think we we would have every right to deny this and say you have to come into full compliance. Um, you know, you you you're using it for different than what you said you were doing it and maybe you knew, maybe you didn't know, but you know, you got to you got to make it. Um, I I I do want to just mention

Yes. Um, so we've we moved to Santa Fe for one reason, my husband and I, and that was for baseball and softball because Santa Fe is known for baseball and softball. We started this um in 2020 when COVID hit and my husband had some extra time on his hands and so he started he started um a team and um we went to Jack Brooks and we or we went to the Santa Fe Lily and we had a handshake and they agreed that if we went out to Jack Brooks Park and we cleaned up the the park um we could utilize that field and so we did once it was clean and in good shape and We had put all the time and all the work into it and all the money to get it up to par. A bigger organization moved in and um took over and we were booted out. So we went to Behringer. Um we reached out to Santa Fe ISD. We asked them if we could rent out Behringer. Um, we were granted access to rent out Behringer and went good for a little while um until Behringer decided to or the the school decided to put it up for auction and we were no longer able to practice on it. So now we have a building and again we're up against another fight. So, um, we're trying to stay here in Santa Fe and we're very passionate about what we do. Um, my daughter played at MCN State University. She's now a teacher here at Santa Fe. Her coach that coached her at a D1 level softball came back with her and she is now a teacher at Santa Fe High School. My son who played um, college baseball at University of Arkansas

O he's here in the community and he's given back to these kids. So I understand rules and I understand regulations but also where we are putting everything that they have learned into these kids into these kids becoming leaders into these kids that are struggling with the things and this is their platform so that one day they'll have the confidence to sit where you're sitting. So, I understand the regulations and I understand the compliances, but also there still has to be a little bit of humanity left as well. Yeah. Thank you.

Are you uh what do you got? Jugs machine in there. Live that don't matter. Yeah, it does for the sound because this is what I'm going for. When we when I I played ball, I played high school baseball. when we had to practice in the gym and stuff, we used a a cloth ball. I mean, is that any type of So, there are um and my my husband can speak better on it, but there are balls that are not solid baseballs, right?

Um that can be used. Yes. But as you can imagine, if you're a high schooler, I'm just looking for some type of happy median here. The other thing that I was going to say is Kelly. Uh the other thing that I was going to say, council, is, you know, if y'all are considering some type of of temporary or conditional um occupants, certificate of occupancy, that you know, it'd be limited to you know, 10, 12, you know, something like that.

So, what is uh what is the pulse from council if we were to deny the temporary occupancy and allow them to use Behringer with an agreement like the Little League has? They'd have to move that porter can to Beher because we don't have bathrooms out there. It's But it's not a commercial property, right? I mean, they used it without restrooms when the district had it. That's why I'm asking. I don't believe that still has I mean I don't think the work it would take it would take work and money to get Behringer back back up to I know

we actually were putting a bid in on Behringer but we didn't have the $30,000 to put down. So, we we we planned on putting a bid in for it and we planned on keeping it baseball, but unfortunately we weren't able to follow through. I did this loud enough groups and I know what she's talking about. She don't know the I had to go through. I mean, there's some things you just don't know until you have to get thrown into

But at some point in time, she knew that they were going to be using it for I innocently didn't think that it made that big of a deal. I mean, I don't think she did anything, you know, the big knucklehead back there in the back. You have to come to the the podium and state your name. your address. My name's Tony. You have to come to the front here and state your name. Address is making all that noise back there. My address is not public record, but I am a city.

I live in the city limits. Just uh could it and all I wanted to do is make a suggestion. Could we not come up with a temporary TCO that has stated benchmarks? You have to meet this, this, or this. And if there's any complaints from any citizens or they're not meeting those benchmarks, then at that at that point in time, the temporary TCO is null and void. It goes away, then she can't open back up until she has to come in full compliance. Life safety issues would have to be addressed immediately before you would give a TCO. I think I've been in the building because I had to go visit it New Year's morning when I was playing police officer. So I know it's not too far from becoming.

So you're a lot of misreport. Uh, no. We arrested the guy that was running around with tools threatening to kill people. I chased him a block away. He was in the county, so the county had to arrest him. But then it would allow both council and staff to set dead benchmarks that would have to be met before he went any further. But that goes back to the setting precedents for future. It's not the first time we've done it. That's my favorite thing. I'm just saying we've been doing it that way for years.

Some some things are pretty easy for a bathroom. You can put temporary bathrooms. She wasn't have to jackhammer the slab with a metal building. There's options of putting through wall toilets and things like that. So, you can actually add a build add a bathroom without adding on. There's some other things that could be worked out between them and the building department to meet those regulations. Only thing I was giving you is maybe a suggestion on something to think about other than either just saying no or just saying yes. It would allow council to set benchmarks. That was my only comment. Thank you. I agree.

Good old Rusty. Hey, I thought the Well, Georgia, let me ask you this. If uh if they had done this the correct way from the beginning, would they have had to pay additional permit fees than what they had to pay already? Yes, it would have had to have been reszoned from the very beginning and it would have been assessed with the commercial fees. However, at that time, the commercial fees were much less than what our current fees are. Her res was $250. And I can't off the top of my head tell you.

She's gonna she's going to have to They would have to pay that the the current reszone fee, right? And they did. And they already have. Yes. But then you would be able to calculate what those fees were that they did not have to pay. you'd be able to figure that out, right? Say had y'all done it the right way, it would have been X dollars amount more than But they're going to have to pay those fees now as they do those rates anyway, right? If if they're required to. Yeah. They they will have to to come into compliance. Has anybody talked to Cheryl Johnson this is going to change?

I mean, this this is going to be another cost to them. when this thing goes from residential to commercial. I'm just putting it out there. I'm just saying there's another cost coming. We haven't even if it doesn't happen any Yeah, we haven't alerted the tax office yet. That hadn't been changed yet, but when it it does change, um you will be taxed at a different rate as a commercial business. Well, council, it's up to y'all. It's a hard decision. It is a hard decision.

Not really. So, we need to we need to make a motion to reszone and then with stipulations for temporary Well, can we can we move uh can we move to change the zoning or does count or does that have to go to PNZ? No, you you'll zoning and then at the next meeting we'll move forward. Oh, I'm sorry. PNZ approved this one. Yes.

Okay. PNZ approved for this to go to neighborhood commercial. Correct. Yeah. But it's the rest of the deal that the rest of the deal is what direction are we going to give Georgia? Are they going to have to wait till they come into full compliance

or are we going to allow some type of conditional or I guess you call it temporary temporary certificate of occupancy? If we pursue the temporary occupancy, it would be my request that the Rainas work with Manny and Georgia to identify what's going to need to be done to meet a permanent certificate of occupancy. And then I would like for the Rainas to put together a plan on how they're going to accomplish this over a time frame. We're going to have this done at 90 days, this done in 120, whatever that looks like, and present that to us before we approve a temporary occupancy. I mean, I feel like if we just approve a temporary for 90 days, we're just throwing a blank three months out there. We don't know what's going to happen at the end. But, uh, I need to know they have a plan on how we're going to move forward with this and not just come ask for an extension every 90 days.

Well, and what we're what they're going to have to figure out, too, then is what the order of importance is, right? Are bathrooms more important than screening? Well, that'll also give us a chance to take it back to PNZ, let them request variances on whatever items they they're going to need variances on. So, if they're going to need a variance on restrooms for x amount of time or a variance on the parking lot for the crushed asphalt versus concrete parking lot and PNZ approves that, then that'll also set an order of importance.

Yeah. Gosh, man. This is just tough. I know you say not really, but what about the next business that comes before us and wants a temporary one because they didn't know the rules. And then the next one and then the next one. My question is how many of them out there are there now? How many are using their garages to to train already? How many tutors are using how many tutors are using rooms to to t lessons? Do you know how many businesses are operating out of their houses right now? Ain't no way to ever find that out, is it? And somebody's coming up here admitting that they didn't understand the laws and the rules and we're going to punish them. But you got I guarantee there's hundreds of people in business.

We're not punishing. We're not punishing. We're not going to allow her to continue to run a business and develop those kids. Requiring them to follow the ordinances is not a punishment, mama. But you're going to stop them from doing anything until trying to find a way around that. That's what I'm talking about. And the way it sounds, nobody's trying to any way around it. So if we make a motion to to change it from res uh agriculture resident commercial then what do we need to do to grant the temporary?

Well at this point in time Georgia is not legally allowed to grant a co until they come into full compliance. So if we are go so if we want her to do that then if they come in complete compliance why do you need to honor a temporary right that's what I'm saying the temporary would allow

they can't operate legally right now until they come into compliance to get a certificate of occupancy because they don't have it and so in order for them to continue operation right now we would have to grant them a temporary co and give them basically metrics that they have to meet the timeline like say you got to have bathrooms installed by 6 months. You got to have, you know, immediate health safety tomorrow. Um, you have to have a timeline if we're going to allow that cuz right now they're not allowed to operate in the city. Does that have to go before planning and zoning? Like I feel like we're having a planning and zoning conversation right now.

So that's what I was referring to with they do need to come in and meet with Manny and I once council makes their decision here before our next city council meeting before we do a first reading of ordinance to do the reszone. We'll have a planning and zoning meeting. During that planning and zoning meeting, we have to request whatever variances they're going to request from planning and zoning under those neighborhood commercial development standards. So, one of the ones that we have already identified that they are going to request is for a crushed asphalt parking lot versus a concrete parking lot. Um, another one of the ones that we looked at was the required parking for the type of instructional facility that they have. Realistically, they don't need 84 parking spaces like our parking matrix says that they

So, what we're doing tonight is not the final deal. It's got to come back before us for a reading. Yes. For two readings. Yes. Well, and council, I mean, if if if y'all have the appetite to allow some type of of uh temporary gradual compliance, then u then I think we we this and with the direction the staff to work with the property owners and and staff work together on a plan to come in compliance within 12 months.

So, Georgia, can we can we give them a 30-day certificate and within that 30 days, they have opportunity to meet with planning and zoning. They have opportunity first uh with staff to identify what they're going to need to do to come into compliance. Then they have the opportunity to meet with planning and zoning and discuss any variances that'll be required and then it's coming back to us and at that point we can determine whether or not we want to issue a 90-day certificate and let them move on or not. Is that an option? Is that I think they need to come in in compliance with life safety immediately before they get a TCO.

Well, that'll be a condition of the 30-day, right? So, they could open tomorrow. They're going to have to get approval from them to get the TCO before we can do anything. So I don't know how many days it is. So I mean they're going to have some time before they've got to fix those items now.

They know what those items are. We need to meet with them at the building and go over everything Manny and I do before the planning and zoning meeting so that we accurately know what items we need to ask for variances on. The variance process would have a fee if council sees fit. Authorizing the city manager to wave that fee could be an option. So then really all we're going to do is work towards the reszone because the certificate will actually the temporary is going to be planning and zoning anyway

at least till the maybe we can discuss. Yes. We can vote to do the the residential commercial and to let it go back to planning and zoning for a temporary. That would be the the gist of it. and planning and zoning could if they want to say, "Oh, they don't need to do anything. We'll give them a TCO just the way it is right now." We don't see any issue. They don't say different unless we say different tonight. Here's my question. The complaints even if we do all this stuff, we're still going to have a noise. That's correct. That's that's what we have to I mean but that can be mitigated if it's residential commercial neighborhood commercial.

Neighborhood commercial. Yeah. If it's above the decimal level. I doubt that there's still hours of operation that come into play with a neighborhood commercial property. What are those? Uh 9:00 is your cut off time.

9. past now. So that really is kind of a no deal. The noise is still going to be there for the neighbors that that I mean it is what it is on that. I mean is that is that allowable? That's my question. Yeah, it's got to be I mean we've got we've got a batting facility cat's barbecue that does the same thing. There is Yeah. I mean, I don't hear anybody complaining about that. And I I mean, yeah, I mean, that's why I asked about the jugs machine, the automatic,

you know, if they could and I I just the softer balls, maybe the just something to eliminate the noise. I know these kids aren't going to give up their $500 aluminum bats for a wooden baseball bat. Uh, but just something to eliminate the noise to I have a, you know, a real good I'd have a better feeling of doing all this stuff if we if we eliminated one thing that's being the complaint.

Yeah. Unfortunately, all we comp the decel level that's in our ordinances. Okay. You know, now I mean, I'd love for them to air condition the facility and keep the doors closed all the time. I think that's a lowly board 25 green. Yeah, I like what they're doing. I didn't know they were doing it, but uh you know, it sounds like all the complaints are noise related and if they comply with everything, then the noise ain't going to be ain't going to be a a sticking point anyway.

All right. All right. So, I'll make a motion to approve the zoning request and send it back to planning and zoning for review of temporary occupancy. Second. It has been moved and seconded to um approve the zoning change um for 6525 FM 646 South um from a residential to neighborhood and direct staff to work with um land owners and present a um plan to come into compliance for um a temporary certificate of occupancy. Thank you.

Uh, Kelly, is it necessary to y'all's operations to have that door open that's facing 646? Okay, that's something maybe y'all could like rotate them or kind of take turns on which doors y'all open up. It's 29th Street. Oh, 29. Okay. Yes, sir. Okay. Something y'all can just be a good neighbor about. I mean, I know it gets hot in there in the summertime. All right, council. Is there any further discussion hearing? None. Natalie, roll call, please. Council member Tammy, no. Council member Janette, yes. Council member Marks, yes. And council member Shreder.

Yes. Motion passes. I meant to say something. Oh well, it's too late. All right. I was going to say if you're not going to vote for TCO in the end, then don't do it tonight. Don't drag it out for these people. Uh, finance director Rudy Zapeda, consideration and possible action approval of the 2025 annual comprehensive financial report for the period ended September 30th, 2025.

Good evening, Mayor Council. In compliance with our city charter gap state law, council adopted uh financial policies and procedures. Staff is pleased to bring you the completed audit before council uh approval tonight. Before I introduce our special guests behind me, I wanted to share a few insights on the 2025 budget. So the unassigned fund balance in 2025 grew by 4.8 million. The um Carbigs and Ingram are auditors has issued an unmodified opinion. Uh meaning the city's financial statements are fairly represented in all material respects in accordance with generally accepted accounting principles. a strong FEMA recovery from Hurricane Barrel. Uh so following Barl's impact in July 2024, the city managed its own disaster recovery as you know and the debris removal process. Uh and by April of 2025, just eight months after the storm, uh FIRA had reimbured over $64,000 in disaster related expenses. So, as of 20 uh as of September, only $14,500 uh remained outstanding. It's one of the fastest uh federal reimbursement recoveries that that I can recall. So, um infrastructure MITMOD grant was under budget. As you know, the city completed reconstruction of 5.4 miles of roadway across 16 streets on time and under budget. The remaining funds um have been approved for and reapplied back towards uh the city for backup generator at the Runi Park Community Facility. And uh in an effort to be uh transparent, the report does contain one material weakness related to the end of the year closing process. Um certain grant expenses uh inter governmental

expenses and accounts payables were not reported correctly in the year requiring several adjustments um and audit adjustments at the end and they can discuss that if you if you like. Um, our audit was conducted by the city's independent auditing firm, Carver Rigs and Ingram, and I'm pleased to introduce uh their representative, Anna Gallardo, a partner at CRI, and she can walk you through the rest of the reports. Ma'am, floor is yours.

Thank you. Good evening. I'll keep it short and brief. Um so um as Rudy had mentioned we um audited your 2025 financials that also included um the EDC as well as part of it. Um and as he also mentioned we we didn't issue any modified opinions. So there your financials don't have any material statements or we had we didn't know any uh departures from from accounting principles as well. Okay. As part of our audit uh we also did conduct a a single audit as well. Um since you did have in excess of a million dollars of of federal expenditures required you to have a single audit. Um the program that we determined to be a major program that we tested was the community block grant um funding for there. Within that we also issued an unmodified opinion on the compliance of that program. We didn't find any deficiencies or any uh material weaknesses or significant deficiencies related to your controls over that property. Okay. Um again for this year we also did assist the city with the financial statements. Um I think what you're presented is your annual comprehensive report. Um so we did assist with the financial statements. All the required information supple information other information required to be part of that report to be able to submit to the GFOA. Uh we also assisted the city with doing the data collection form which is part of the single audit to be in compliance with that and Rudy filed it timely as well. and we continue to assist with the Gazsby entries going from fund accounting over to governmentwide uh financial statements. Uh and I just wanted to kind of mention um Ry did mention that we did have a a finding related to your financials. Uh but also wanted to mention to we didn't have any difficulties with management or disagreement with management. They provided us information that we requested. Uh we're not aware of anything unusual within your financials that we noted or any uh fraud is not our main purpose of our audit but through

our inquiries and through our testing of transactions we didn't identify become aware of anything fraud or illegal acts within your when not in your financial statements. Okay, that's all that I had for you. Did you find any money that we had missed? No, I did not. Stashed away. Okay. Okay. That's all I have for you. Thank you. And one more thing, um, uh, staff does expect to hear from the GFOA, uh, by December whether or not the city has been awarded the certificate of achievement and excellence in financial reporting. Uh, and that would be the city's fourth such award recognition if we get it.

Thank you, Rudy. All right, council. Any further discussion on that? If not, I'll entertain a motion. I move to approve the 2025 annual comprehensive financial report as presented. It's been moved and seconded to approve the 2025 annual comprehensive financial report as presented. Council, is there any further discussion here? Hearing that, please. Council member Shrader here. I am. Yes. This isn't school. Oh man, I just Council member McCain. Yes. Council member Janette. Yes. And Council Member Marks. Yes. Okay. Motion passes. Thank you.

So, when did Rebly make an appearance at our uh you've already approved? Yes. Saul Vars horns. I couldn't believe Oh my goodness. All right. Number seven, consideration and possible action. Adoption of a resolution of the city council of the city of Santa Fe, Texas, approving a two-year contract between the city of Santa Fe, Texas, and Flock Group, Inc. for the camera safety software and authorizing the city manager to execute the agreement and related documents on behalf of the city chief shores.

Good evening, mayor and councel. Um, as you know, we've discussed the flock safety program and budget meetings, current budget meetings, years prior budget meetings. But Flock Safety equips the police department with the tools to prevent crime, respond to incidents, and solve cases effectively. Block Safety provides license plate reader cameras that monitor 24/7, providing real-time alerts for stolen vehicles, wanted suspects, and other critical information. This capability aids investigations by confirming the vehicle presence at crime scenes and/or certain locations. The Flock Safety software unifies all data, enabling us to map activity, search for evidence, and collaborate easily with other jurisdictions that also have lock cameras. Overall, flock safety leads to faster investigations, reduced crime, improved emergency responses, and stronger deterrent against repeat offenses. The system is easy to maintain and adheres to clear privacy and data retention policies, helping cities become safer, more resilient for the residents and for the visitors. Um, yesterday I picked up a check from a local business for $6,300. A local business has volunteered to pay for two flock cameras for the first year of service. With this contract, they're requesting a second year of service, but there is also a non-appropriation clause in the contract. So, if we continue and we do not find money in the fiscal year 27 budget to fund these two cameras, which would be a reoccurring cost of $6,000, 3,000 per camera, we can enact the appropriation clause and we can get out of this contract without having to pay any penalties.

All right, council. Any questions? How many cameras you plan on putting up? Whatever street. So, this would if if you guys approve this tonight, that would pay for two cameras. That's not what I had. How many cameras you plan on installing in the city? With this, I can only install two. Yeah, we have two coming up in the budget. Do you have any installed yet

right now? No, sir. The city does not have any installed cameras. The current cameras that are around the city are just outside the city limits except for one camera. There's a camera on Cemetery Road at Olio and it's on the water district property. It's on the drainage district property, but it was paid for by the county. All the other cameras, there is a camera at Avenue F and Highway 6 just outside the city limits. There is a camera on the west end um by Rival Road just outside the city limits. There's two more on the cemetery that are just outside the city limits. Um but with this we'll be able to do two

and this doesn't affect our budget our next year's budget that we're coming. This is just something for right now. Gotcha. And all we're we're asked to do right here is to allow me to sign a two-year contract that contract that we can get out of if we absolutely want to. If Well, council, any further discussion? Not. I'll entertain a motion. I move to approve the resolution for a two-year contract with Quat Group as presented. Second.

It's been moved and a seconded to authorize the city manager to execute a two-year contract between the city of Santa Fe and for the camera safety software council. Any further discussion hearing? None. Natalie, roll call, please. Council member Janette, no. Council member Marks, yes. Council member Strader, yes. and council member McCain. Yes. Motion passes. Thank you, council. Item number eight, consideration of possible action, adoption of a resolution of the city council of the city of Santa Fe, Texas, approving the submission of a grant application of the motor vehicle crime prevention authority for the fiscal year 2027 task force grant and authorizing the city manager to execute the agreement and related documents on behalf of the city. Chief Shores,

again, mayor and council, good evening. Um last year we applied for this grant and we did not receive it. So it is not guaranteed that we would receive this grant even after the approved application. What we're asking for tonight is for review of this and to be approved to even apply for this grant because there is a resolution tied to it. So it would be a fiscal year 27 grant. It is commonly called the catalytic converter theft grant. As you guys have seen, we've done some of the catalytic converter etching events uh in partnership with the sheriff's office and Quickar because that is one of the requirements of this grant. So, we've been helping them out with that. They've said if we wind up getting approved for the grant, they would help us out with that to meet some of those stipulations. Um the total project budget is for what we would like to apply for is $273,147. The match requested would be $227,622 for a difference of $45,525. And that would be our 20% match, the city's 20% match to the grant.

So, we get 80% and it'd be 20% that we would have to put towards um towards that. Where would that 20% come from? We would have to budget for that. It would be fiscal year 2017. I'm sure you have to budget for it. The question was where would you find that? Definitely. You got to budget for it, but you got to find somewhere to budget, right? And that's what would be discussed in budget meetings.

So, a portion of it is to go after is to get um I think it's two vehicles that's a part of that program. And we typically budget I know that um a vehicle or two anyways. And so, that would be a cost that we already have in our budget that that could be that part of that allocation uh could go towards that. Thank you for that. Thank you. All right, council. Any further discussion? I move to approve the resolution approving the submission of a grant application to the Motor Vehicle Crime Prevention Authority as presented.

I'll second. It's been moved and seconded to approve the submission of a grant application for the voter uh voter motor vehicle crime prevention authority um for the fiscal year 2027 and authorize the city manager to execute the agreement and related documents on behalf of the city council. Is there any further discussion hearing? None. Natalie, roll call, please. Council member Marks, yes. Council member Janette, no. Council member McKimmy, yes. and council member Strader. Yes. Thank you. And just because you approved that I'm sorry.

Just because you guys approved that does not mean everything that in here is going to get approved by MVCPA. In July, we still have to go before a live board and present and they will tell us whether or not we can have some of these items in the grant or not. So, it could be less money and obviously I would report that back to you guys. But it still be on the 80% deal, right? Yes. Still an 8020 match. Yeah. Good luck. Thank you. Item number nine, consideration possible action. First reading of an ordinance of the city of Santa Fe, Texas, repealing ordinance 13-87, chapter 7, section 7, subsection ordinance to the dissolution of the library.

Hello, council.

What do I do now? Um, do you want me to read the background information? Okay. So, what we're asking for is uh in alignment with the city of Santa Fe's strategic plan and ongoing efforts to improve organizational efficiency and streamlining um advisory structures, the city proposes dissolving the library advisory board. The strategic plan emphasized reducing redundancies and ensuring that the advisory bodies deliver clear necessary value to municipal operations. I put too many big words on here. The review of current requirements confirmed that the library advisory board is not mandated accredit for accreditation. So the Texas State Library and Archives Commission let me know that as such the continued operation of the board is not necessary to maintain the library's accreditation status or eligibility for state programs and resources. Library operations performance metrics and and strategic init initiatives will continue to be monitored and reported through established administrative channels. Regular updates will be provided directly to the city manager and city council, ensuring transparency and accountability. In addition, the library maintains co collaboration and communications with the friends of the May Spruce Library whose ongoing support and advoc advocacy remain valuable to the library program and the community engagement in proposed the proposed change in administrative in nature and is not expected to negatively impact library services, public access or community programming. Instead, it is intended to simplify reporting processes, allow staff to focus more directly on service deliverables and strategic priorities. Staff extends it sincere appreciation to the all the library board advisory board members for their dedicated service, time and

commitment to the library and its mission. Their contribution has played an important role in enhancing library services and strengthening community engagement. Although the board is prop is proposed for disillusion staff encourages former members to remain actively involved and continue their support to the May Spruce library. Their experience, advocacy, and passion for the library services are highly valued and their uh continued involvement will benefit the library and its patrons. The recommended action therefore is staff recommends that the city council approve the dissolusion of the library advisory board in alignment with the city's strategic plan and its broader initiatives to enhance operational efficiency, uh streamline advisory structures and reduce redundancies. The action is will support more direct communications and reporting between the library staff, the city manager and city council while man maintaining transparency and account accountability in library operations.

Thank you. I can't talk as fast as you. Council, any questions for uh Becky? Just a streamlining process. Yes, sir. Okay. I move that I move to approve the dissolution of the library advisory board in alignment with this the city's strategic plan. Second. It's been moved and seconded to approve the dissolution of the library advisory board. Is there any further discussion? Natalie. Roll call, please. Council member Shrader. Yes. Council member McCain. Yes. Council member Janette. Yes. And council member Marks. Yes. Motion passes. Thank you, Becky. Thank you.

Thank you. Item number 10, discussion and possible action regarding the sale and discharge of fireworks within the city limits of Santa Fe, Texas. Chief Renta,

good evening.

Good evening. So, um part of the agenda package, we uh updated the ordinance uh reference for the uh sale and fireworks allowed throughout the city and modifying the ordinance for allowing fireworks to be popped within the city limits. I don't know if you had that already to read over, if you had any particular questions for it. Um it's been uh studied upon by myself u and our planning department uh with Miss Georgia. We've been kind of going over it back and forth and trying to get some uh you know finding what's uh what's kind of the best practice what other communities are doing. Um trying to we've been seeking outside kind of opinions other fire marshall offices and other people within the industry. So that's kind of what we presented to the um on the agenda packet. So if you had any particular questions at this time I'd be glad to share my opinion or best knowledge towards it.

Will you summarize it for us? uh the ordinance that we had uh definition obviously in the fireworks it kind of goes into the uh legal definition that we'll describe of it prohibitions uh mainly that are out there um the exceptions it's more the legal u defining of what the fireworks to consist of and the u the code by transportation code that defines it the explosive ordinance of 1.3 and 1.4. So if we go down into uh you know it kind of leaves alone what we have as a public displayed fireworks that would be come from a commercial pyro technic operator who are regulated differently to the department of insurance. So they'll have their permitting and it really it doesn't affect them at all. It just kind of clearly maintains it in there for that presence such as the experience that we'll be utilizing for July 4th or any other exhibits that we do throughout the city. So that stays present. Uh what we'll have is uh essentially and we still have the u the legal requirements that declare what fireworks are considered illegal and are nuisance if they're not regulated. So a lot of that language is still present. Essentially what we have here is u changes it's going into is the sales requirements. What the requirements will be for a fireworks stand. Uh who can buy it? How they are to operate. Um, it's going to determine uh what seasons they will be allowed to open and sell and how they are to u basically have their display stands and uh accessible to the public if they seek to uh make entry and get a requested sales permit within the city of Santa Fe. There's a lot of language out there throughout the state and uh there's a lot of activity in the firework industry. So I having to do some of the research myself is kind of going into that language. Uh but uh the best practices with our neighboring communities that have allowed the ordinance to to utilize such practices is um you know kind of what we've been

going through and kind of reviewing is what we've presented to you all. And council, by the way, we're not the only community um in our area that's looking at amending their fireworks um uh policies. Um, I know I've talked to a couple city managers that um are looking at doing the same thing. We don't I don't see in here removal time. I see when they can pop firecrackers and when they can sell crack uh firecrackers. um

like a temporary building. Is that what you're talking about? See the ch we talked about having the where they can't just leave. They have so many days to get the uh to set up and get it off the site. Uh reviewing it. I don't think I left that particular language in there. Um I think somebody said seven before and seven after it would be uh and that would pro might not um correct me if I'm wrong. um that particular language might not be necessarily within the ordinance at times. It could be attached to the conditional use for the sales during that permitting process. So I might be off on that, but if it's not within ordinance, we can always tie that particular

My only other thing is like I said it before, we're going to let them start selling on the 20th and there's no rules in the county where they can just pop firecrackers, but we're not going to let our people for our city residents. Pop them until on the 31st. They've got our We're going to sell these firecrackers or whatever fireworks for from the 20th to the 31st, 11 days, and we're giving them six hours to shoot firefighters. Think that's crazy. I mean,

what do you propose? Shortening the selling period or extending the popping period.

To be fair, I don't think you can enforce when you're selling them out there. I mean, I'm 12 years old. I walk down the store and buy me a thing of black cats on December 21st. I might wait till December 31st to pop the things. Uh, you know, that's just not going to happen. Uh, I'm good with those hours right there for the artillery shells. I'm good for making the artillery shelf portion of this only only let them able for that one day for them six hours.

That's hard to enforce. Huh? That's hard to enforce when you start picking and choosing what kind of fireworks that's the ones people complain about. Yeah. I mean, that's what I'm not disagreeing with you. That's what that's what rattles people's windows. That's what people are mad about. Uh I've learned to live with them. I'm in between them. U tell you what, one of the best shows in Santa Fe on Lone Pine there in the county area. Do you want to propose? Do you want to propose it? Do you want to propose an amendment to this?

We have to get what they're complaining about. People are complaining about the loud noise fireworks and that's the artillery shells. I don't know what that's what I call them. I don't know what the Yes. But regardless, we're going to be sitting in in the same position we're sitting in right now where people are doing what they want to do. That's the only reason that's the only reason we're making it. Yeah. Yeah. We're putting some enforcement on it, but we're going to be sitting in the same place we are in. I mean, I to me truthfully,

it's a way to get sales tax. Uh, and people are doing it now. They don't care about the rules as they are. Uh, I'm I mean I'm good with this, but we're we will know. I don't want to make it anybody try to trick anybody. We're doing this for sales tax. We're doing this for sales tax. I'm doing it for freedom and we're probably Wow, if you regulate for six hours of freedom, Brandy, come on. Hey, one step at a time, we're taking back the country, Rusty. Okay, it's it'd be challenging to to determine which fireworks I understand. That's what I'm saying. The aerial aspect, but I mean we're just the people are going to we're probably not going to enforce this policy.

It's Aggie freedom, Rusty. Aggie freedom. I've already I've seen the Aggie freedom. It's right deal here. Majority of the complaints, you know, as a as a you know, responding to the cause and the incident is is noise. Yeah. Um and uh this ordinance here um this modification of the ordinance, I don't want to say this ordinance because it's not new. It's just a modification uh in effect will allow those people who know are affected who have you know whether sensitivity issues to the hearing or other concerns andor pets and you know say dogs, cats or even horses that it might you know not be triggered up by that.

We would give them that window to prepare. We can always the best effort I think our sales are going they're used to the town. How uh uh Manny are you you comfortable with this from a fire marshall standpoint? Yes. As long as it stays within that regular level of fireworks and we'll still be out there patrolling. We'll still be out there um the intent um with an emphasis on education versus the enforcement action. And hopefully people be more approachable to it to maintain that safety uh that safety vision for it. And you know families will, you know, feel more at ease to participate in their celebration activities. Thank you. I know it took some time and work to put this together. I appreciate you.

It wasn't alone. It was a team approach to it. I think I just did a bonus. No, I I guess we'll give Georgia a little credit. Well, she was giving you the stair, too. I was I'm just hungry. I move to approve the fireworks ordinance as presented. Second. It's been moved and seconded to approve the fireworks ordinance as presented. Is there any further discussion here? Roll call, please. Council member Strader, yes. Council member McCain, yes. Council member Janette, yes. And Council Member Marks, yes. Motion passes. Thank you.

Well, tonight, today is the official first day of the Galveastston County Fair and Rodeo. So, I want to wish the Santa Fe community, all of our FFA and 4 kids good luck as they exhibit their animals uh this next weekend and next week. Um and uh uh just happy fair week to everybody in Santa Fe. Enjoy yourselves. Don't drink and drive. Get an Uber or we will get one for you, won't we, Chief? That's got a bubble gum machine on the top of it. Ain't enough. He wants to talk some more.

Yes. Mayor, I just want to let you know this was not my idea. This is I might have created it, but uh when when will when will the matted and framed version be? When will when will budget come up with salaries? Had I saw some good burnt orange blue bonnets today. Let's go ahead and just throw them in there too before Revy could have them in his background.

Order. Order. Hey, I just want to make an announcement. Uh this weekend, uh starting Saturday at 8 a.m., the Friends of the Library is h holding their annual serendipity sale. So, it's a garage sale, a plant sale, and a bake sale. And so, um we're going to do that until 1:00 and um so 8 to 1 on Saturday. So, if y'all stop on by, you might get some good food, too. So, there you go. Um Becky, I'd like to announce that on May 15th, uh at 6:30, I believe, at the fire department, we're having Another Ducks Unlimited Santa Fe Ducks Unlimited event. Another Yes, sir. That'll be fun. Looking forward to it. Is that the Delta? Make a motion.

Just a second. Take advantage of that silence. Go