Hours 0:00 – 1:32, 7/2/24

First off: it was Laurie Moyer’s last meeting, after 36 years with the city. Mostly she’s done engineering-ish things, but also some City Manager-ish things. She took all these great City Hall photos on her road trip last year. Congrats to her!

Citizen comment:

  • Two people – Noah Brock and Annie Donovan – talked about the latest iteration of SMART/Axis hijinks. I’ll save their comments for that section.
  • Two people called for a resolution for a ceasefire in Gaza.
  • The San Marcos Civics Club, and how Council passively assumes they can’t solve city problems
  • Mano Amiga’s petition to repeal Civil Service. I’ll save these details for later, too.
  • Finally, the killing of Malachi Williams by the SMPD officer on April 11th. (Discussed previously here, here, and here.)

To recap, the family of Malachi Williams has been asking for:
1. Release the name and badge ID number of the officer that killed Malachi Williams
2. The officer should be placed on leave while the investigation is ongoing.
3. The family should be able to view all officer and storefront footage, with a lawyer present.

Malachi’s grandfather spoke eloquently. This has happened before. But then the City Manager Stephanie Reyes spoke, which is new.

Here’s what Stephanie Reyes says:
– Video material is available for the family to view along with their attorney. It’s at the Hays District Attorney’s office.
– The DA says that neither the family nor their attorney has reached out to view the footage.
– The DA is waiting to discuss how much of the video the family can watch.
– Because this has been so awful, Chief Standridge is putting together an SMPD Crisis Communication Policy for future incidents.
– the DA Kelly Higgins weighed in on the policy. He has concerns about any public release of video while the investigation is ongoing. He wants videos to be withheld until after a grand jury has reviewed the matter.
– the DA knows that the family needs answers. State code authorizes the DA to let the family watch the video. He’s open to conversation with the family.

(I would like a universal policy that applies to all situations. When an officer is killed by a civilian, how quickly does the family see the videos?)

Next Malachi Williams’ grandfather speaks again, which is usually not allowed. “What we have been offered has not had much substance to it. We have not had a fair offer. There’s been an offer, but it’s not fair.”

Alyssa Garza asks, “Was the family offered the entire videos? All the body camera footage?”

Chief Standridge comes up. “The DA and I are offering the family all the body cam footage. But we are not offering the store’s videos. The DA has not agreed to release that. The DA and I will let them see still photos from the store. But the DA has not agreed to store footage.”

After that, the grandfather has a lot of questions and frustration. Council was not really allowed to respond, legally. They redirect him to the DA. He’s already interacted with the DA and is entirely fed up with him.

It ends in a tense place.

Item 23: Another LIHTC project! 

LIHTC projects are low-income apartment complexes which don’t pay local property taxes. We’ve seen two others recently here. (LIHTC stands for Low Income Housing Tax Credits.)

Where’s this one?

And here’s a close up:

They’re planning on having 304 units.  How affordable will these be?  

In other words, this is 46 units for low-income community members, and 258 for regular community members.  (The median income in San Marcos is $47,394 a year, so 85% of these units are regular old market rate apartments.)

Okay, fine. How much is this costing us?

The estimated loss in tax revenue is $3 million over 15 years, or $200K per year.  They’re softening that by giving us a one-time $400K payment. 

What other services are there going to be? 

[Technical note: There’s some mucking about with the number of 3-bedroom apartments. This complex only has half as many as the city San Marcos requires for LIHTC developments. However, there’s a letter from the Housing Authority about the different waitlists for 1, 2, and 3-bedroom apartments, and 3 bedroom apartments are not in demand as much as 1 and 2, so it’s fine.]

Jane Hughson has some questions:
– Did this area flood in 2015?
Answer: yep. But the buildings weren’t TOO badly damaged.
– Will the complex provide residential shuttles?
Answer: nope. It’s right on a bus line.
– Will the units have individual washer and dryer units?
Answer: yep. 
– Will they have education, services, and after-school tutoring?
Answer: yep.

Alyssa: I’ve heard complaints about restrictions and racially biased access to facilities.  How do you make sure that doesn’t happen?
Answer: We partner with Asset Living. They staff everything and report to us monthly. If something isn’t getting used, we ask them to advertise it.

[I am extremely curious about the complaints of racially-biased access to facilities.] 

The vote: Passes 7-0.

However: Council is going to have big conversation about LIHTC projects in general, at the end of this meeting. Stay tuned.

….

Items 23-24: Kissing Tree 

Kissing Tree is the senior community, way down on Hunter Road and Centerpoint.

Kissing Tree is a TIRZ.  This means they pay taxes, but the taxes don’t go to the city’s General Fund.   Instead they get funneled to side projects that benefit Kissing Tree – mostly building out the public roads and utilities that run through Kissing Tree.  It’s not wasted money, but it doesn’t go to libraries, parks, firefighters, etc.  

Costs have gone up and the assessed value of Kissing Tree has gone up, so they’re re-jiggering all the TIRZ numbers:

This is probably all fine! Before we had estimated that we were sending $32 million over to the Kissing Tree for roads and pumps and parks, and now we’re sending $46 million over. 

Over 15 years, we’re keeping $5 million and giving $46 million back.

Let’s compare this to the LIHTC Project above! In that one, we’re keeping $400K and sending $3 million back.

So to be stark about it:

  1. The LIHTC project is giving us 13% of their estimated property taxes and using the rest to subsidize rents on low-income apartments.
  2. Kissing Tree is giving us 10% of their estimated property taxes taxes, and using the rest on local roads and utilities.

Guess which project makes Mark Gleason uncomfortable? The big reveal later on will not surprise you at all.

….

Item 2: SMART Terminal/Axis Logistics

The SMART/Axis people want San Marcos to annex about 7.5 acres of land for a road and right-of-way. 

Quick backstory (Read more here.)

In January 2023, Council signed a development agreement with SMART/Axis people.  Back then, these agreements happened in one single council meeting, and barely anyone had to be notified.  So Council approved a gigantic fucking 2000 acre industrial park without public input and barely any details, and everyone got super angry about it.

2000 acres is very big:

Like, REALLY big:

The people who live out this way were absolutely livid.  But the development agreement was already signed.

The next step of the process was for SMART/Axis to apply for a zoning change to Heavy Industrial and get annexed into the city.  

What they could have done was meet with the neighborhoods nearby, provide details of the project, build relationships and be good neighbors.  Instead, they met with the neighborhoods and generally acted like supercilious pricks who couldn’t be bothered.  The surrounding community got more and more furious, and launched a major activist campaign against the project. 

Eventually SMART/Axis withdrew their zoning and annexation request. That was last summer. Since then, it’s been quiet.

Here’s my best guess: SMART/Axis didn’t want to share any details because they didn’t have any yet. They literally want free reign to do whatever they want on this land.  They came off as supercilious pricks because they are supercilious pricks.  They assumed San Marcos is a backwater rural town that will fawn over fancy business men and give them whatever they want, in hopes of some dollar bill scraps. City Council was happy to play their role!

That brings us to today – should San Marcos annex some land and build a road along the side of the land?  

First off: Nothing happens today. We are just picking dates for the public hearing and final vote.

However, let’s do some speculation!  This is brought to you by Noah Brock and Annie Donovan, during Citizen Comment. (They spearheaded the public campaign against SMART/Axis last year.) 

Here’s the case that Noah and Annie are building:

  • Is this a major change or a minor change? If it’s a major change, the development agreement needs to be amended. That’s a much bigger deal. (The city is saying this is a minor change.)
  • Originally, the roads lined up with the end of Quail Run. That was the edge of the whole project. But since then, the developer has bought more property, and asked Caldwell County to move some roads over.
  • It seems clear that they’re expanding the project beyond the development agreement, and this new land is right next to a residential area. 
  • This new ROW annexation is consistent with a bigger, changing project.

The basic problem is that SMART/Axis people are super secretive and seem to want to walk all over us.  Maybe they’re sweet little bunnies at heart, or maybe they want to do some toxic battery mining or who knows what.  They act like shitty neighbors every time they have a chance to right the narrative.

Today’s vote was just to set the dates, and here they are:

  • Public hearing will be on August 5th
  • Final vote will be on August 20th

….

Item 25: Dunbar is getting some new pipes!

We’re spending $6 million on water and wastewater improvements here:

If you go here and scroll to Dunbar Water and Wastewater Improvements, you can keep an eye on the project. 

Supposedly will be done by August 2026.  So at least two years of dug up streets and annoying construction, but with a worthwhile payoff. 

Item 27:  Installing sports lighting on six soccer fields at Five Mile Dam.

This money was authorized awhile ago, this is just the contract to make it happen.  It’s about $1.3 million.

Hours 0:00 – 2:06, 6/4/24

A solid hour of citizen comments to kick things off!  

Nearly everyone – 17 speakers – spoke about the issues of Malachi Williams’ death at the hands of SMPD, and calling for a ceasefire resolution for Gaza.

Malachi Williams: backstory here.

The family and activists are calling for three things:

  1. Release the name and badge ID number of the officer that killed Malachi Williams
  2. The officer should be placed on leave while the investigation is ongoing.
  3. The family should be able to view all officer and storefront footage, with a lawyer present.

It sounds like the chief has offered to let the family watch some of the footage, but not all, and is denying the request to have their lawyer present. That’s pretty goddamn outrageous that you would ever require someone to forgo a lawyer in a legal context.  (They don’t have a right to a lawyer, because nobody is under arrest or anything, but plainly it’s what’s fair.)

A lawyer would be able to inform the family about what Chief Standridge is legally able to do, and what he can’t, and a lawyer can advise the family – on the spot – on what’s in their best interests. If a lawyer isn’t there, then Chief Standridge is the authority on what Chief Standridge is legally able to say and do. See the problem?

Resolution for a ceasefire:  

The activists didn’t just make this up on a whim. This is what’s going on all over the country.  They’re working on it in Austin, where they ultimately got fed up and passed a People’s Resolution instead. They’re working on it in San Antonio, which also got stuck. There haven’t actually been any cities in Texas that have been successful, but here’s a full list elsewhere.

There were a few other speakers:

  • One guy from Outsiders Anonymous shows up to advocate for their gym/treatment center during the CDBG grants item. (We ended up funding them at about 80% of what they asked.)
  • One speaker talks about her adult child with disabilities. There’s no day center in San Marcos anymore, and he commutes to New Braunfels.

We absolutely should have a day center for adults with special needs. I’m super uninformed on this topic, but it’s definitely part of serving the needs of your community.

But let’s talk about the other part: there’s no public transportation to get back and forth between San Marcos and New Braunfels.

Here’s the problem: we’re on the southern tip of the Austin Cap Metro service area:

New Braunfels, Redwood and Seguin are on the northern edge of the San Antonio Alamo Regional Transit:

And the two systems don’t overlap or coordinate on their boundaries, so there’s just this cliff dividing San Marcos from its neighbors:

Puzzle pieces! (I had fun making that picture.)

Suppose you use the shuttle service because of your physical disability. How are you supposed to get from Redwood to San Marcos? There are a lot more mental health resources in New Braunfels than in San Marcos, but only if you’ve got the means to get yourself there and back.

Listen: Seguin, New Braunfels, and San Marcos need to triangulate on some shared public transit along I-35 and 123. Austin Metro is not meeting our needs here.

Item 9: Community Development Block Grant applications, 2024-25

HUD gave us $766K this year to give away, and we’ve got $639K rolling over from last year. So total, we’ve got about $1.4 million to give away.

First off: we have $639K leftover? Out of $712K that we were awarded last year? What on earth happened?!

It turns out that it rolls over from year to year, and there are project delays. It’s spelled out in the report here:

So the first two categories – Housing Programs and Public Facilities – are really falling short.

Alyssa Garza asks about the Housing Rehab program?

Answer: Housing Rehab had $800K from CDBG and $800K from ARPA, for a total of $1.6 million. They are running seriously behind. Currently there are 30 houses with bids in place. Five are under construction and 25 are pending, and that will use up the funding.

Alyssa also asks: Can we hire lawyers to help homeowners with title problems? (This is mentioned under the Home Demo program above – “Properties with sub-standard structures also tend to have ownership issues”.)

Answer: We mostly rely on volunteers, because Texas Rio Grande Legal Aid tends to be so backed up.

Alyssa: There are free legal aid programs at St. Mary’s and UT-Austin that have offered to help.

The staff is vaguely friendly about this suggestion, but not in an “omg I’ll do that tomorrow” kind of way.

In the end, they decide to put “paying for a lawyer” on the list of side-projects that can be consulted when there’s a loose bit of money that suddenly becomes available.

Onto 2024! Here’s the criteria that we use:

(For what it’s worth, I don’t love the Council Priorities. I think they risk creating perverse incentives.)

Moving on! There was one ineligible application and 11 eligible applications. Here are the recommended funding amounts from staff:

Anyway: Council does not make any changes.

I believe this is just a first reading, so if you’ve got advice for Council, you’ve got another chance at the July meeting.

Items 10-11: Kissing Tree

Kissing Tree was approved in 2010. It’s a PDD – “Planned Development District”. This means the city got to micromanage every last detail of the whole project, and put it in writing, in a contract.

[Quick primer on PDDs: They’re a mixed bag. You can spell out exactly what will be built, but you can also waive a lot of regulations that the developer doesn’t like. In general, PDDs are only as good as the Council that negotiates them.

We got rid of them in 2016, which was an unforced error and I’ve complained about it a lot.  Then recently we brought them back again. So now the city has the ability to lock things down again.]

Here’s where it is:

You know, this thing, out on Hunter Road and Centerpoint:

Here’s the original plan:

So, a lot of homes around a lot of golf course. (To their credit, they use reclaimed water on the golf course.)

That map has not been updated since 2010, so I have no idea how much has been built out already.

Kissing Tree wants to modify their PDD, so they have to go back to Council.  Here’s what Kissing Tree wants to do:

“Active Adult Units” means senior housing. 

In other words:
The original plan is for 3,450 units:
– 2,850 were senior housing
– 600 were available for everyone else.

Now they want build 3,150 total units:
– 3,150 for seniors
– 0 available for everyone else.

It’s not that big a deal – I’m sure this is more profitable for them now – but I’m irritated that no one provided an explanation or talked about consequences.   In fact, Council talked about it for roughly 30 seconds, and this was the entire exchange:

Shane Scott: “This is a great example of why PDDs are so useful. We got rid of them, and we should bring them back.”

Jane Hughson: “We are bringing them back. We’ve discussed this.”

Shane: “Was I here for that?”

Jane: “I think so?”

SMCISD gets kind of affected by this kind of decision. The problem is that San Marcos is lopsided – we need more families to balance out all the non-family tax base (ie the university, the outlet malls, and things like Kissing Tree.) From time to time, we get dinged under the state’s Robin Hood law and have to send money back to the state for poorer districts, despite being a Title 1 school district ourself. It’s a complicated mess.

But just remember: Texas squandered a $32 BILLION dollar surplus last legislative session.  This was sales tax money – from all Texans – which got sent back to property owners. We literally took money from renters and gave it to home owners.

There is plenty of money in this state to fund all schools properly. We just need to elect a governor and legislature that wants to do so.

….

Item 12:  Good news on the Water-Wastewater Treatment Plant front!   

We’re getting a new centrifuge:

and a diffuser replacement in aeration basin:

We promise not to spend more than $6,716,477.45.

And a very special San Marxist shout-out to the kind soul on city staff who put these photos in the powerpoint presentation!

These slides didn’t even get shown during the meeting. I see you, I appreciate you.

Item 16:  We are meekly opening the door for the possibility of maybe someday, beginning a conversation about paid parking downtown.

This is such a tentative baby step that there are no details or decision points yet.  We’re just strapping on our sun bonnets, lacing up our sneakers, and sizing up the path ahead of us.

I did think this heat map was interesting:

That map is pretty unintelligible; here’s my attempt to improve:

This is only measuring parking – not traffic congestion or anything.

Here’s what the colors mean:
20 red blocks: street parking is generally over 90% full.
Three orange blocks: street parking is usually 85-90% full.
Twelve yellow blocks: street parking is usually 75-85% full.
Eight green blocks: street parking is usually 50-75% full.
Four light blue blocks: street parking is usually 25-50% full.
Three dark blue blocks: street parking is usually under 25% full.

It was a very short meeting!