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AGENDA ITEM REVIEW FORM |
5.B.
Regular City Council Meeting
- Meeting Date:
- 02/23/2022
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
ITEM:
Discussion and possible action on any and all matters regarding the city granting San Luis Industrial Park a conditioned license for a currently unused access easement in the San Luis Industrial Park. This will allow San Luis Industrial Park to lease to Pastor Jose Manuel Castro and the Gethsemani Baptist Church Food Ministry to move the food distribution and storage to San Luis Industrial Park and move out of a residential neighborhood. (Kay Marion Macuil, City Attorney and Jose A. Guzman, Director of Planning and Zoning)
SUMMARY:
Background
The Development Services Division of the Planning and Zoning Department has been receiving complaints from neighbors to the Gethsemani Food Ministry on B Street. The problem is that the ministry is near residential housing. Noisy diesel truck engines run for hours while people are trying to sleep. Recently a complaint was lodged about trash.
Pastor Jose Manuel Castro Gethsemani Food Ministry distributes food to the needy. Pastor Castro entered into a lease at the San Luis Industrial Park to store and distribute the food for the ministry.
The lease was not on a lot but an access easement; because the access easement has never been used or developed, it wasn't until the plat was reviewed that it was discovered that the leased land is an access easement dedicated to the city.
License
Assistant City Attorney Glenn Gimbut drafted the attached license with the San Luis Industrial Park. It allows the Industrial Park's lease with Pastor Castro while at the same time, the city may revoke the permission in the future if there arises a need for access there. The license is conditioned on Pastor Castro removing the food distribution and storage from all the places on B Street.
Next Steps
The San Luis Industrial Park will need to apply administratively at the Public Works Department for an encroachment permit.
The Development Services Division of the Planning and Zoning Department has been receiving complaints from neighbors to the Gethsemani Food Ministry on B Street. The problem is that the ministry is near residential housing. Noisy diesel truck engines run for hours while people are trying to sleep. Recently a complaint was lodged about trash.
Pastor Jose Manuel Castro Gethsemani Food Ministry distributes food to the needy. Pastor Castro entered into a lease at the San Luis Industrial Park to store and distribute the food for the ministry.
The lease was not on a lot but an access easement; because the access easement has never been used or developed, it wasn't until the plat was reviewed that it was discovered that the leased land is an access easement dedicated to the city.
License
Assistant City Attorney Glenn Gimbut drafted the attached license with the San Luis Industrial Park. It allows the Industrial Park's lease with Pastor Castro while at the same time, the city may revoke the permission in the future if there arises a need for access there. The license is conditioned on Pastor Castro removing the food distribution and storage from all the places on B Street.
Next Steps
The San Luis Industrial Park will need to apply administratively at the Public Works Department for an encroachment permit.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE THE ENCROACHMENT PERMIT AND LICENSE AGREEMENT WITH THE SAN LUIS INDUSTRIAL PARK AS PRESENTED.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- No
- CITY/STATE/FEDERAL FUNDS:
- N/A
- TOTAL:
- N/A
- BUDGETED AMOUNT:
- N/A
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
There is no discernable fiscal impact associated with this agreement.