City Planner Eivon Garcia speaks to city council members about a request for a preliminary plat from the Housing Authority of the City of Del Rio for the placement of a Murphy USA gas station in the 200 block of North Bedell Ave. Garcia spoke about the preliminary plat during the council’s regular meeting on Tuesday. (Photo by Karen Gleason)

NEWS — City council approves Bedell plat for Murphy gas station

By Karen Gleason

The 830 Times

City council members on Tuesday approved a preliminary plat for a new Murphy USA gas station at Bedell Avenue and East First Street.

The planned new fuel station will be located on the current site of the headquarters building for the Housing Authority of the City of Del Rio, which will move to another site.

The council on Tuesday first held a required public hearing to

This photo, taken facing east in the 200 block of North Bedell Avenue, shows the site of
a planned Murphy USA gas station. The main portion of the station will be sited where
the Housing Authority of the City of Del Rio offices are currently located. (Photo by
Karen Gleason)

consider the request for approval of the preliminary plat.

Information included in the council’s packet noted the preliminary plat was requested by CEI Engineering Inc., representing the Housing Authority of the City of Del Rio, for a property located at 207 N. Bedell Ave. 

Mayor Al Arreola opened the public hearing and asked if anyone present wished to comment on the request for the preliminary plat. No one indicated they wished to comment, so the mayor closed the public hearing moments later.

The council next considered a resolution to approve the request for the preliminary plat.

After City Secretary Mari Acosta read the heading of the agenda item, Arreola asked if there was a motion. Councilman J.P. Sanchez made the motion to approve the resolution, with Councilwoman Ernestina “Tina” Martinez gave the second.

Arreola asked if there were any questions for City Planner Eivon Garcia or City Manager Shawna Burkhart.

Mayor Pro-tem Jim DeReus said, “I know this (request) was attempted to go before the (Planning and Zoning) board, but it didn’t, and I just wanted to, since I’m not an expert on city planning, I wonder if we have someone from that office who can talk about it.”

Garcia went to the podium, and Arreola asked DeReus if he wanted to ask her some questions.

“I don’t have any specific questions, but I wanted to know about the process,” DeReus said.

Garcia replied, “The items were brought to tonight’s meeting because they were previously scheduled for a P and Z (planning and zoning commission) meeting in November, and then we rescheduled it for a P and Z in early December, and there was no quorum, so due to the fact that there was no quorum, we had to proceed with (bringing the request) to city council.”

DeReus asked if this request and another before the council were the only two requests that had been on the agendas during those planning and zoning commission meetings.

“Because we normally don’t get these (requests) without them (first) going through the (planning and zoning commission), and I want to make sure that there are no others that are sitting out there that have been waiting also,” DeReus commented.

Garcia replied there were three items on the council’s agenda that should have previously gone before the planning and zoning commission.

“And those are the only items that have been waiting as we try to get a quorum for that board?” DeReus asked.

“Yes, sir,” Garcia replied.

Sanchez commented, “I just want to thank the city planner for bringing this to us and not letting our constituents wait any longer. We need to do something about it, and because we are not able to have a quorum (for that commission), I don’t think they should have to wait, so I guess when anything like this comes up again, please put it on the agenda and bring it to the council so we can look it over and make a decision on it. Thank you for doing this.”

City Attorney Ana Markowski Smith said, “As a side note, the city planner has changed the process for the P and Z meetings, where now they allow Zoom participation, and that’s assisted in people who have to come from out of town.”

“It’s just when we miss a person or can’t have a quorum, we should accommodate our citizens by bringing it to the council,” Sanchez added.

Councilwoman Carmen Gutierrez said, “Thank you. This is very important, and I hope that all the individuals that volunteer on any board will take that service seriously because they are providing a service to other citizens, and we don’t want to delay anything.”

Gutierrez said she did have some questions about the fuel station project.

She said, “It’s a very complete package, but I’m not an engineer. . . I drove by there (the proposed gas station site) today, and I noticed it is close to the San Felipe Springs, and I wondered, has there been an environmental study done here?”

Garcia said the city’s interim public works director has reviewed the preliminary plat. She said the plans also were reviewed by AOKA, an engineering firm contracted by the city for various projects.

“I don’t believe there weren’t any concerns, but that was all going to be reviewed, after the plat process, once they submit their site plan drawings, their full package. Then that would be reviewed once again,” Garcia said.

“So if we approve the resolution, it doesn’t mean there’s a final approval on everything, is that correct?” Gutierrez asked.

“Correct. They still have to submit for their building, their site, everything else,” Garcia said.

Gutierrez said she also noticed on the plans a proposed extension of East First Street on the property and asked about the distance of the extension.

Garcia referred the question to the project engineer, Radoslav “Rado” Nedkov, of CEI Engineering, who attended the meeting via Zoom.

Nedkov told the council, “I want to address both of the questions. The first one, regarding the proximity to the creek, we are working with your engineer, and although we have already provided the above-and-beyond detention pond, which will provide some water quality treatment for the runoff, the engineer additionally asked for an oil/water separator, which will be placed on the system, and it will catch any particles that could be washed from any kind of event. So we are sort of doubling the security. I understand the creek is important for the city. . . So, yes, we are taking that seriously.”

Nedkov said the extension of East First Street would be 253 linear feet. 

Gutierrez said she noticed that once the extension is completed, it would be dedicated for public access and asked who would be paying for the construction and the paving. 

“Murphy Oil, my client, is constructing that street, and it will be dedicated to the city,” Nedkov replied.

Gutierrez said, “The other question I have is, it’s close to the San Felipe Springs, so is there any type of berm or barrier so that in the event of an oil spill or any type of fuel spill, it will prevent that from going into the San Felipe Springs?”

“There will be two separate protections items. One is a detention pond, which is, technically, not required and an additional, an oil/water separator in the outfall pipe, which will catch and keep any kind of spills in before it reaches the creek,” Nedkov replied.

Gutierrez also asked how close to the creek the property would end.

“The building we have proposed on the site plan will be located exactly where the existing building of housing authority (headquarters office) is, so we will be the front lot right on Bedell,” Nedkov replied.

He added the main portion of the building would be farther from the creek than the Sonic and McDonald’s restaurants in the vicinity.

Gutierrez also asked about entrances and exits to the proposed gas station.

“There will be one entrance on Bedell, which will be right in, right out only, and we will have full access on (the) First Street (extension),” Nedkov replied.

Gutierrez asked if there would be a traffic signal light placed at Bedell and First, and Nedkov replied the company’s traffic studies had not warranted the placement of a traffic light.

In response to another question from Gutierrez, Nedkov said the company will submit a site plan next and apply to the city for a building permit once the preliminary plat is approved.

After Gutierrez finished, DeReus said he had another question.

“I just want to confirm that they don’t have to go through the (planning and zoning commission) and get it approved through them before we can approve it. Is that correct? Legally, we can do this?” DeReus asked.

“Yes, this is a preliminary plat,” Burkhart replied.

“Then what’s the point in having a planning and zoning (commission)? One, we have issues with the lack of a quorum, and if we don’t need them to go through this, why do we have (the commission) to begin with?” DeReus asked.

Burkhart repeated that the resolution before the council dealt with a preliminary plat, and the final plat would have to go through the planning and zoning commission first.

Gutierrez added, “I just want to ensure that all the proper procedures and protocols are being followed.”

Smith replied, “The reason this resolution is here is because of what we call P and Z (planning and zoning commission) inaction, and there’s a statute that requires the city take action within 30 days. So if there’s inaction, it goes to city council, and that’s why it’s here, and the final plat approval always comes to council, so, again, there’s going to be an attempt to go through P and Z, but if P and Z can’t meet for whatever reason, then it’ll come to city council, but they still have to meet, they still have to make that attempt.”

Arreola said he believed the council was, as Sanchez had noted, simply “moving things along,” and called for a vote.

The council unanimously approved the resolution.

 The writer can be reached at delriomagnoliafan@gmail.com.

Joel Langton

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