April 2, 2013 City Council Agenda packet
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April 2, 2013 City Council Agenda packet Document Transcript

  • 1. NOTICE OF A PUBLIC MEETING AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, April 2, 2013 McNease Convention Center, South Meeting Room 500 Rio Concho Drive San Angelo, TX 76903THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTHMAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCEIS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,ROOM 210, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. everyday for two weeks beginning on the Thursday after each meeting. As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate” Thank You!I. OPEN SESSION (9:00 A.M.) A. Call to Order B. Prayer and Pledge "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.” C. Proclamations Arrive Alive – Don’t Text and Drive Month, April 2013, to be accepted by Texas Research Institute of Young Scholars (TRIYS), Fort Concho Elementary 5th Graders, Hannah Brown, Drew Eisenbach, Holly Esposito, Mariah Martinez, and Emily Montoya; and Mr. David Hooks, Teacher National Service Recognition Day, April 9, 2013, to be accepted by Dolores Schwertner, Concho Valley RSVP Director; Sylvia Nombrano, Senior Companion Director, and Lindsey Elliott, Foster Grandparent Director National Public Health Week, April 1-7, 2013, to be accepted by Marie Aguilar, Nursing Manager, Kevin Little and Cal Hurley, Environmental Health Inspectors, Bertha Trevino, Environmental Health Administrative Assistant, Gloria Hale, WIC Manager, James Flores, Code Compliance Manager, and Julie Vrana, Animal Services Manager Animal Services and Tom Green County Sheriff’s Office and Trustee Program Appreciation Day, April 2, 2013, to be accepted by Julie Vrana, Animal Services Manager, David Jones, Tom Green Co. Sheriff, and Jeremy Hunt, Jailer A Special Time of Prayer for Rain, April 14, 2013, to be accepted by Bishop Michael Pfeifer, O.M.I, Sacred Heart Cathedral D. Recognition Rex Rogers, for winning the contest suggesting the name for the City’s government access channel SATVCity Council Agenda Page 1 of 5 April 2, 2013
  • 2. E. Public Comment The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment.II. CONSENT AGENDA 1. Consideration of approving the March 19, 2013 City Council Regular meeting minutes 2. Consideration of selecting Selectron Technologies, Inc. for RFP BR-01-12 Interactive Voice Response System in the amount of $35,000.00 for providing, implementing, and maintaining an automated phone-in water billing credit card payment system, authorizing staff to negotiate a contract, and authorizing the City Manager to execute said contract (submitted by Water Utilities Director Ricky Dickson) 3. Consideration of selecting Rene Bates Auctioneers for RFP VM-02-13 Auctioneering Services, authorizing staff to negotiate a contract, and authorizing the City Manager or designee to execute said contract (submitted by Vehicle Maintenance Superintendent Patrick Frerich) 4. Consideration of approving special recreational lease agreement in substantially the attached form with Jorge R. Ellis and wife, Amy C. Ellis for an area 0.656 acre of land out of Lot 11, Block 1, Group Four, Lake Nasworthy Addition and authorizing the Water Utilities Director to execute the same (submitted Water Utilities Director Ricky Dickson) 5. Consideration of adopting a Resolution authorizing the City Manager to execute Amendment No. 2 to the contract between the City and Delta Dental Insurance Company, which contract was effective January 1, 2012, to provide that retired employees of the city of San Angelo and their dependents become eligible for dental insurance coverage effective January 1, 2013, for stated monthly premiums payable by the insured retired employee, provided they meet employer eligibility requirements (submitted by Human Resources Lisa Marley) 6. Consideration of a request to release a utility easement in the Wade & Turner Addition, first replat in block one, running parallel to West 14th and 15th streets between Martin Luther King Drive and North Bryant Boulevard, in northwest San Angelo (submitted by Interim Director of Development Services AJ Fawver) 7. Consideration of adopting a Resolution authorizing the City Manager to execute a Neighborhood Stabilization Program (NSP) One Program Income Reservation System Participation Agreement with the Texas Department of Housing and Community Affairs for purposes of providing continued administration of the award of NSP funds under Contract No. 7709999128, and commitment of funds (submitted by Neighborhood and Family Services Director Bob Salas) 8. Second hearing and consideration of adopting an Ordinance amending the 2012-2013 Budget for new projects, incomplete projects, capital projects and grants (submitted by Budget Analyst Steve Mahaffey) AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS 9. Second Hearing and consideration of introducing an Ordinance amending the allocation method of Hotel Occupancy Tax and related matters (submitted by Assistant City Manager/Chief Financial Officer Michael Dane) AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS, CHAPTER 5 “BUSINESS AND COMMERCE”, ARTICLE 5.800 “HOTELCity Council Agenda Page 2 of 5 April 2, 2013
  • 3. OCCUPANCY TAX”, SECTION 5.805 “PURPOSE AND DISTRIBUTION OF TAX”, BY REPEALING SAID SECTION IN ITS ENTIRETY AND ADOPTING A NEW SECTION 5.805 ENTITLED, “USE OF REVENUE”, TO REMOVE THE MANDATED ALLOCATION OF REVENUE FOR USES ON A FIXED PERCENTAGE BASIS AND TO PROVIDE FOR ALLOCATION OF REVENUE FOR USES PERMITTED BY LAW AS CITY COUNCIL MAY DETERMINE WILL PROVIDE THE BEST VALUE IN APPLICATION OF HOTEL OCCUPANCY TAX REVENUE TO THE CITIZENS OF SAN ANGELO BY RESOLUTION FROM TIME TO TIMEIII. REGULAR AGENDA: F. EXECUTIVE/CLOSED SESSION Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.071(2) to consult with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter on issues related to the landfill Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo G. PUBLIC HEARING AND COMMENT 10. Presentation of the Downtown San Angelo, Inc. 3rd & 4th 2012 Quarterly Report (Presentation by Executive Director Del Velasquez) 11. Demonstration and consideration of the Neptune N Sight IQ software which would allow citizens the ability to access their utility data collected from the City’s automatic meter reading system and any action in connection thereto (Presentation by Water Utilities Director Ricky Dickson and Charlie Trimble of Neptune Technology Group) 12. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo PD 07-01 (2013 amendment): Carrie & John Maier and Glenn & Peggy Rosser AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 3512 Ben Ficklin Road, located approximately 200 feet east from the intersection of Ben Ficklin Road and South Bryant Boulevard. This property specifically occupies approximately 10.8 acres in the southwest portion of a 73.9 acre tract of the E Hermes Survey 0174 Abstract 0349 in south central San Angelo, as indicated in Exhibit B of this Ordinance, changing the zoning classification from Ranch & Estate (R&E) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Interim Director of Development Services AJ Fawver)City Council Agenda Page 3 of 5 April 2, 2013
  • 4. 13. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-08: Cho Walker CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 1205 South Jackson Street; located approximately 75 feet southwest from the intersection at South Jackson Street and West Avenue H. This property specifically occupies the South Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo, changing the zoning classification from a Single Family Residential (RS-1) to a Two-Family Residential (RS-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Interim Director of Development Services AJ Fawver) 14. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-09 AKA PD 07-03 (2013 Amendment): Jack Gabriel AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: a 7.938 acres at southwest corner of South Oxford Drive and A&M Avenue in southwestern San Angelo, amending the zoning classification from a Planned Development (PD) District (PD 07-03) previously approved for assisted group living to specifically add allowance for the operation of a gymnastics academy; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Interim Director of Development Services AJ Fawver) 15. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-10: Mills Development INC AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed tract occupying 8.895 acres of the Deaf & Dumb Asylum Survey Number Two, Abstract 8211. This property was annexed into the City Limits on March 5, 2013 and is directly west from Mills Pass Drive along a proposed extension of Autumwood Trail. This property specifically occupies a proposed subdivision titled, Prestonwood Addition, Section Two, Block 6, Lots 1-18 and Prestonwood Addition, Section Two, Block 7, Lots 1-16 in southwest San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Interim Director of Development Services AJ Fawver) 16. Discussion and consideration of petition seeking annexation (to San Angelo’s City limits) of certain properties situated immediately west/southwest of San Angelo and encompassing a vacant 24.484 acre tract extending northwest from Mills Pass Drive, and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the proposed Prestonwood Addition, Section Two (Presentation by Interim Director of Development Services AJ Fawver)City Council Agenda Page 4 of 5 April 2, 2013
  • 5. 17. Consideration of adopting a Resolution ratifying the filing of an application by the City of San Angelo Development Corporation with the Texas State Energy Conservation Office for the installation of solar panels and an electric vehicle charging station at the Spur Arena promoting and demonstrating renewable energy technology and as a supplemental electrical source (Presentation by Interim Economic Development Director Bob Schneeman) 18. Discussion of cost related to Texas Municipal Retirement System cost of living adjustment increase (Presentation by Assistant City Manager/Chief Financial Officer Michael Dane) 19. Discussion on amending the Ordinance related to growth restrictions under Section 7.303 Weeds and Vegetation and any action in connection thereto (Requested by Councilmember Farmer and presentation by Code Compliance Manager James Flores) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 20. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed 21. Consideration of approving various Board nominations by Council and designated Councilmembers: a. Design and Historic Review Commission: Ryan Smith (SMD3) to an unexpired term September 2014 b. Tax Increment Reinvestment Zone: Del Velasquez (SMD3) to an unexpired term October 2013 22. Consideration of approving a Civil Service Commission nomination, Keith Hidalgo, by the City Manager 23. Announcements and consideration of Future Agenda Items 24. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Wednesday, March 27, 2013, at 5:00 P.M. /s/________________________ Alicia Ramirez, City ClerkCity Council Agenda Page 5 of 5 April 2, 2013
  • 6. PROCLAMATIONWHEREAS, no text is worth dying for; andWHEREAS, the purpose of the “Arrive Alive” campaign focuses heavily on education, adding fuel to our efforts to reverse this growing road safety problem; andWHEREAS, its important that every driver understand the risks of such a dangerous behind-the-wheel activity, and we especially need to reach the newest generation of driver, who are the most prolific texters - with real solutions; andWHEREAS, with texting drivers twenty three times more likely to be in an accident, we must change attitudes, shift behaviors and save lives; andWHEREAS, in order to make a sustained change, everyone must do his or her part to put an end texting and driving.NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, onbehalf of the City Council, do hereby proclaim the month of March as “ARRIVE ALIVE– DON’T TEXT AND DRIVE AWARENESS MONTH”In San Angelo, Texas, and urge all citizens to take part in the spirit of this week andpledge to never again text from behind the wheel of a moving vehicle. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 19th day of March, 2013. THE CITY OF SAN ANGELO ___________________________ Alvin New, Mayor
  • 7. Mayors Day of Recognition for National ServiceWHEREAS, service to others is a hallmark of the American character, and central to how wemeet our challenges; andWHEREAS, the nation’s mayors are increasingly turning to national service and volunteerism asa cost-effective strategy to meet city needs; and,WHEREAS, AmeriCorps and Senior Corps address the most pressing challenges facing our citiesand nation, from educating students for the jobs of the 21st century and supporting veterans andmilitary families to preserving the environment and helping communities recover from naturaldisasters; andWHEREAS, San Angelo has all three Senior Corps Programs; Concho Valley RSVP, FosterGrandparent Program and Senior Companion Program, whose volunteers meet local communityneeds on a daily basis; and,WHEREAS, national service expands economic opportunity by creating more sustainable,resilient communities and providing education, career skills, and leadership abilities for thosewho serve; andWHEREAS, national service participants serve in more than 70,000 locations across thecountry, bolstering the civic, neighborhood, and faith-based organizations that are so vital to oureconomic and social well-being; andWHEREAS, national service participants increase the impact of the organizations they servewith, both through their direct service and by recruiting and managing millions of additionalvolunteers; and,WHEREAS, national service represents a unique public-private partnership that invests incommunity solutions and leverages non-federal resources to strengthen community impact andincrease the return on taxpayer dollars; and,WHEREAS, AmeriCorps members and Senior Corps volunteers demonstrate commitment,dedication, and patriotism by making an intensive commitment to service, a commitment thatremains with them in their future endeavors; andWHEREAS, the Corporation for National and Community Service shares a priority with mayorsnationwide to engage citizens, improve lives, and strengthen communities; and is joining withmayors across the country to support the Mayors Day of Recognition for National Service onApril 9, 2013.THEREFORE, BE IT RESOLVED that I, Mayor Alvin New of San Angelo Texas do herebyproclaim April 9, 2013, as National Service Recognition Day, and encourage residents torecognize the positive impact of national service in our city, to thank those who serve; and tofind ways to give back to their communities.
  • 8. PROCLAMATIONWHEREAS, the week of April 1-7, 2013, is National Public Health Week, and the theme is “Public Health is Return on Investment: Save Lives, Save Money”; and,WHEREAS, the San Angelo-Tom Green County Health Department and Family Support Services Department has educated the public, policymakers, and public health professionals about issues important to improving the public’s health; and,WHEREAS, preventing diseases before they start is critical to helping people live longer, healthier lives while managing health-related costs; and,WHEREAS, investing just $10 per person each year in proven, community-based public health efforts could save the nation more than $16 billion within five years; and,WHEREAS, vaccines are one of the most cost-effective public health interventions; and,WHEREAS, infants who receive the seven vaccines given as part of the routine childhood immunization schedule, society saves $9.9 million in direct health care costs; 3,000 lives are saved; and 14 million cases of disease are prevented; and,WHEREAS, preterm births cost the U.S. over $26 billion a year with average first year medical costs for a premature/low birth-weight baby of $40,033 compared to $4,551 for a baby born without complications.WHEREAS, a pregnant woman may participate in WIC for approximately $743 a year with an average participation length of 13 months; and,WHEREAS, Research has also shown that breastfed infants may have a reduced risk for childhood obesity.NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the CityCouncil, do hereby proclaim the week of April 1st through 7th “National Public Health Week”In San Angelo, Texas, and urge all citizens to support this charitable effort. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 2nd day of April, 2013. THE CITY OF SAN ANGELO ___________________________ Alvin New, Mayor
  • 9. PROCLAMATIONWhereas, the City of San Angelo Animal Shelter took in 10,113 abandoned and unwanted animals in 2012; andWhereas, the irresponsibility of some pet owners has resulted in animals running loose and unsupervised, causing a treat to public health and safety; andWhereas, indiscriminate breeding allowed by irresponsible pet owners who have not had their pets spayed or neutered has contributed to pet overpopulation; andWhereas, the overpopulation of unwanted and homeless animals continues to place a heavyburden on shelter staff when the shelter is the only open-admission shelter in San Angelo, Tom Green and the surrounding counties that never turns away any animal for any reason, even if there is a lack of available space; andWhereas, animal control officers and shelter staff, like police officers and emergency medical personnel, must respond to these community problems and crisis; andWhereas, shelter staff deal with the stressful and emotionally painful task of caring daily for abused, neglected, sick, injured, malnourished, stray and unwanted pets-only to see their love and care too often end with only some of these animals finding good homes; andWhereas, the work of animal shelters and the important services they provide often go unnoticed and under-appreciated by the citizens; andWhereas, animal shelters act as safe havens for homeless and abused, abandoned and unwanted animals, providing them with comfort and care as space permits; andWhereas, in partnership with the City of San Angelo Animal Shelter, the Tom Green County Sheriff’s Office and Trustee Program, provide the animal shelter with County Trustees; andWhereas, the Jailer in charge and trustees that volunteer for the program clean kennels, provide food and water to shelter animals, and clean other shelter general areas daily, thereby enhancing the appearance of the shelter and help maintain a certain level of health and safety of the animals; andWhereas, the animal shelter received their annual inspection by the Department of State Health Services Zoonosis Branch during a surprise visit on February 8, 2013; andWhereas, the inspector was pleased by the positive changes made within the last two years; andWhereas, the shelter passed inspection with favorable comments.NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City Council, dohereby designate April 2, 2013 “City of San Angelo Animal Shelter Tom Green County Sheriff’s Office and Trustee Appreciation”In San Angelo, Texas, and urge all citizens to support this charitable effort. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this ?? day of ???, 2012. THE CITY OF SAN ANGELO ___________________________ Alvin New, Mayor
  • 10. PROCLAMATIONWHEREAS, There is an urgent need for rain in San Angelo and the surrounding areas of West Texas; andWHEREAS, We know that by placing our confidence in Christ, who told us to ask for every good gift, that when we ask in His name, it will be granted; andWHEREAS, We ask our kind and loving Heavenly Father and Creator to bless us with the special gift of this much needed rain to fill our lakes, streams, reservoirs, and aquifers;NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalfof the City Council, do hereby declare Sunday, April 14th, as A SPECIAL TIME OF PRAYER FOR RAINand would invite all people to join in prayer on those days in their churches and intheir homes for this beautiful and heavenly gift so our humble and heartfelt requestmay be granted through the power of the Holy Spirit. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 2nd day of April, 2013. THE CITY OF SAN ANGELO ___________________________ ALVIN NEW, MAYOR
  • 11. Public Information Division Anthony Wilson, Public Information Officer 72 W. College Ave. Office: 325.481.2727 Cell: 325.234.0014 anthony.wilson@sanangelotexas.us For immediate release Feb. 1, 2013 City’s government access channel rebranded as SATVThe City of San Angelo’s government access channel on the Suddenlink cable systemfinally has a name: SATV.Formerly known simply as Channel 17, SATV airs meetings of the City Council and otherboards and commissions, “theCITY” interview show, employee spotlights, Nature Centershows, City-related public service announcements, and other original programmingrelated to San Angelo’s municipal government.The new name, which in effect is the channel’s first name, was suggested by citizen RexRogers through the City’s Facebook page, facebook.com/CityofSanAngeloTexas.“That’s so cool,” Rogers said when informed of his winning suggestion. “I watch thechannel when I can and I like the direction it’s going, so this is exciting.”“The genius of Rex’s suggestion is that ‘SATV’ is smart, succinct and perfectly describeswhom the channel is for and by,” Public Information Officer Anthony Wilson said. “We’rethrilled to finally give the channel an identity.” ###
  • 12. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 393Tuesday, March 19, 2013 Vol. 104 OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:07 A.M., Tuesday, March 19, 2013, inthe San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorizedmembers of the Council, to-wit: Mayor, Alvin New Councilmember Paul Alexander Councilmember Dwain Morrison Councilmember Johnny Silvas Single Member District #4 - Vacant Councilmember Kendall Hirschfeld Councilmember Charlotte Farmerwere present and acting, with the exception of Councilmember Farmer, thus constituting a quorum.Whereupon, the following business was transacted:An invocation was given by Reverend Samuel Green, of the Baha’i Faith Tradition and pledge was led by PaigeHarris, 5th Grader at Trinity Lutheran School.PROCLAMATIONS AND RECOGNITIONSNational Nutrition Month, March 2013, was accepted by Betty Teston, Big Country Academy ofNutrition & Dietetics, local organization for Dietitians and members of the American Academy ofNutrition & DieteticsLutheran Schools Month, March 2013, was accepted by Ron Fritsche, Principal of Trinity LutheranSchoolPUBLIC COMMENTPublic comment was made by Jerry Sea, member of West Texas Opportunity Strategy,Mayor made the following announcements:• Business Resource Center Grand Opening on Wednesday, March 20, 2013, at 4:00 p.m.• The City is seeking volunteers to serve on various City Boards and Commissions. Applicants may obtain an application from the City Clerk.• Voter registration deadline for the May 11, 2013 election is April 11, 2013.CONSENT AGENDAAPPROVAL OF THE FEBRUARY 26, 2013 CITY COUNCIL SPECIAL MEETING MINUTES AND THEMARCH 5, 2013 CITY COUNCIL REGULAR MEETING MINUTESADOPTION OF A RESOLUTION AWARDING BID CFM-01-13FOR PEST CONTROL SERVICES TOBUG EXPRESS AUTHORIZING THE CITY MANAGER TO EXECUTE RELATED DOCUMENTS (Page401, #2013-03-036)
  • 13. Page 394 MinutesVol. 104 March 19, 2013APPROVAL OF A RESIDENTIAL LEASE RENEWAL LOCATED AT LOT 104, GROUP SHADY POINT,6678 KNICKERBOCKER ROAD (PERSELY), AND AUTHORIZING THE WATER UTILITIESDIRECTOR TO EXECUTE THE SAMEADOPTION OF A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE MAYOR TOEXECUTE A TAX-RESALE (QUITCLAIM) DEED CONVEYING ALL RIGHT, TITLE AND INTERESTOF THE CITY OF SAN ANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAXFORECLOSURE JUDGMENT: (Page 403, #2013-03-037)• 1944 & 1948 Magnolia Street, (Gonzalez), Lots 1 & 2, Block 2, Avondale, $1,000.00, Suit No.B99-0081-T• 207 E Avenue L, (Perez), E 50’ x 238’ of a 1 acre Tract, Fisher Miller, $750.00, Suit No.TAX89-0388B• 725 Hughes Street, (Salinas), Lot 9, Block 2, Culwell, $950.00, Suit No. B-03-0087-T• 816 Volney, (Salinas) Portion of Lots 6-8, Block 28, Miles, 1,500.00, Suit No. B-05-0192-T• 111 E 13th Street, (Salinas), Lot 7, Block 57, Miles, $1,200.00, Suit No. B-97-0170-T• 329 13th Street, (Salinas), Lot 2, Block 2, Pecan Place, $750.00, Suit No.TAX90-0083B• 1916 Shelton, (Sanchez), S ½ of Lot 12, Block 3, Home Acres, $2,500.00, Suit No.B-00-0043-TADOPTION OF A RESOLUTION ALLOWING THE CITY MANAGER OR HIS DESIGNEE TONEGOTIATE AND EXECUTE A CONTRACT WITH THE CHAMBER OF COMMERCE CONVENTION& VISITORS BUREAU ALLOCATING HOTEL OCCUPANCY TAX FUNDS (Page 405, #2013-03-038)ADOPTION OF A RESOLUTION APPOINTING ELECTION OFFICIALS FOR THE ELECTION TO BEHELD ON MAY 11, 2013; AND PROVIDING FOR AN EFFECTIVE DATE (Page 407, #2013-03-039)ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ANINTERLOCAL COOPERATION AGREEMENT WITH THE SAN ANGELO INDEPENDENT SCHOOLDISTRICT (SAISD) PROVIDING FOR CONSTRUCTION BY THE CITY OF RECREATIONAL ANDPARK IMPROVEMENTS, NOT TO EXCEED $175,000.00, FOR PUBLIC USE ON PROPERTY OWNEDBY THE SAISD GENERALLY KNOWN AS BRADFORD ELEMENTARY SCHOOL, TO BEMAINTAINED BY THE SAISD (Page 411, #2013-03-040)ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRSTAMENDED LEASE AGREEMENT AMENDING THE ORIGINAL LEASE AGREEMENT BETWEENCITY OF SAN ANGELO AND HOWARD COUNTY JUNIOR COLLEGE DISTRICT, INCLUDINGEXTENDING THE ORIGINAL LEASE TERM AND PROVIDING FOR ADDITIONAL IMPROVEMENTSTO BE MADE ON LEASED PREMISES (Page 413, #2013-03-041)ADOPTION OF A RESOLUTION ENDORSING CERTAIN LEGISLATIVE ACTION IN THE REGULARSESSION OF THE 83RD TEXAS LEGISLATURE TO ENHANCE THE COMPETITIVE ELECTRICMARKET AND SYSTEM RELIABILITY AND TO PROTECT THE TRADITIONAL ROLE OF CITIES INTHE REGULATORY PROCESS (Page 415, #2013-03-042)SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 417, #2013-03-043)PD 13-01: West Company/Granger MacdonaldAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
  • 14. Minutes Page 395March 19, 2013 Vol. 104COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: an unaddressed 9.8 acre property out of approximately 75 acrescurrently described as Section 3, Arden Acres, which is located adjacent to and directly west of the intersectionof Northwest Drive and Green Hill Road. The property specifically occupies a proposed Second Replat ofArden Acres, Section Three, Block 3, Tract 3 in western San Angelo, changing the zoning classification from acombination of Single-Family Residential (RS-1) and General Commercial (CH) to Planned Development (PD)District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYSECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 423, #2013-03-044)Z 13-02: Debbie ClarkAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 2008 Beacon Street, located on the northeast corner of the intersectionof Beacon Street and Montague Avenue. This property specifically occupies the Avondale Addition, Block 10,Lots 15-20, in central San Angelo, changing the zoning classification from a Single-Family Residential (RS-1)to a Two-Family Residential (RS-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING APENALTYSECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 425, #2013-03-045)Z 13-03: Tom Green CountyAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 318 North Bell Street, located on the northeast corner of the intersectionof North Bell Street and Spaulding Street. This property specifically occupies the Bell Addition, Block 9, 2.35acres in the southwest corner of Block 9, in north central San Angelo, changing the zoning classification fromSingle-Family Residential (RS-1) to Neighborhood Commercial (CN) District; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTYSECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 427, #2013-03-046)Z 13-04: Abel FernandezAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 1006 East 14th Street, located approximately 170 feet from the
  • 15. Page 396 MinutesVol. 104 March 19, 2013northeast intersection at East 14th Street and Wade Street. This property specifically occupies the ExallAddition, Block 9, Lot 8 Exc. West 88.7’, in north central San Angelo, changing the zoning classification froma Single-Family Residential (RS-1) to a Neighborhood Commercial (CN) District; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTYSECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 429, #2013-03-047)Z 13-06: City of San Angelo Development CorporationAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 1020, 1030, & 1040 Gateway Drive, located east of the intersection ofGateway Drive and FM 380; more specially occupying the Gateway Addition, Section 1, Block 3, Lots 1 and 2and Tract A, in Section 1 being a 20.059 acres, in northeast San Angelo, changing the zoning classification fromLight Manufacturing (ML) to Heavy Manufacturing (MH) District; PROVIDING FOR SEVERABILITY ANDPROVIDING A PENALTYSECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 431, #2013-03-048)Z 13-07: City of San Angelo PlanningAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: An unaddressed tract of land located at the southwest end of TwinMountain Drive. This property specifically occupies approximately 24 acres of the G. Maurer Survey 0182,Abstract 1649, west of Sections One-A and One-B of The Homestead, in southwest San Angelo, changing thezoning classification from a Planned Development (PD) to a Single Family Residential (RS-1) District;PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYSECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING ESTABLISHEDBOUNDARIES OF SINGLE MEMBER DISTRICT 1 (Page 433, #2013-03-049)AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS AMENDING THEESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER 1 FOR THE PURPOSE OFINCORPORATING NEWLY ANNEXED AREAS INTO SAID DISTRICT, PROVIDING FORPRECLEARANCE AND ALL OTHER NECESSARY ACTIONS; AND PROVIDING FOR AN EFFECTIVEDATEMotion, to approve the Consent Agenda, as presented, was made by Councilmember Hirschfeld and secondedby Councilmember Farmer. Motion carried unanimously.
  • 16. Minutes Page 397March 19, 2013 Vol. 104REGULAR AGENDA: PUBLIC HEARING AND COMMENTUPDATE ON THE DESIGN AND CONSTRUCTION ACTIVITIES FOR THE HICKORY AQUIFERWATER SUPPLY PROJECTInterim Water Utilities Director Ricky Dickson and Hutch Musallam with Carollo Engineers presentedbackground information. A copy of the presentation is part of the Permanent Supplement Record.Councilmember Farmer arrived to the meeting at 9:28 A.M.General discussion was held on the substantial completion for the expanded well field on or about September orOctober 2014 for the drilling of the additional 5-7 wells. Mr. Musallam informed drilling should beginSeptember 2013, recognizing the environmental restrictions of the endangered species black-capped vireo bird,hunting season from October 15th through January 15th. Further discussion was held on the current 18-monthwater level, the viability of a successful well and connectivity to the existing water source, pending regulatorycompliances under review, water main location to the treatment plant, replacement of treatment facility, and theavailable funding for the additional wells.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2012-2013BUDGET FOR NEW PROJECTS, INCOMPLETE PROJECTS, CAPITAL PROJECTS AND GRANTSAN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCALYEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS,INCOMPLETE PROJECTS, AND GRANTSBudget Analyst Steve Mahaffey presented background information. A copy of the presentation is part of thePermanent Supplement Record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded byCouncilmember Hirschfeld. Motion carried unanimously.PUBLIC HEARING AND ADOPTION OF A RESOLUTION AUTHORIZING THE ADOPTION OF THE2013-2018 CAPITAL IMPROVEMENT PLAN FOR THE CITY OF SAN ANGELO (Page 439, #2013-03-050)Budget Analyst Laura Brooks presented background information.Motion, to adopt the Resolution, as presented, was made by Councilmember Farmer and seconded byCouncilmember Hirschfeld. Motion carried unanimously.RECESSAt 10:09 A.M., Mayor New called a recess.RECONVENEAt 10:21 A.M., Council reconvened, and the following business was transacted:DISCUSSION OF PROHIBITING COMMERCIAL VEHICLES FROM USING CERTAIN STREETS ANDPARKING IN CERTAIN AREAS WITHIN THE SAN ANGELO CITY LIMITS AND ANY ACTION INCONNECTION THERETORequested by Councilmember Morrison, City Engineer Clinton Bailey presented background information.Councilmember Morrison commented on the increased traffic on Cauley Land, Fruitland Farm Road, andrequested staff consider installing a sign. General discussion was held on adding a phone number should aviolation be found, providing consistency or establish a structured criteria plan to assist staff with such requests. Council directed staff to review and present a plan at a future meeting.
  • 17. Page 398 MinutesVol. 104 March 19, 2013APPROVAL TO GRANT A REQUEST FOR TEMPORARY PLACEMENT OF A MOBILE HOME, NOTTO EXCEED ONE YEAR, DURING CONSTRUCTION OF A PERMANENT HOME ON THE SAME 3ACRE SITE. 1105 WEST 48TH STREET, LOCATED APPROXIMATELY 320 FEET EAST OF THEINTERSECTION OF LAKE DRIVE AND WEST 48 STREET; MORE SPECIFICALLY OCCUPYING THECHANDLER SUBDIVISION, SECTION 1, BLOCK 1, LOT 2, IN NORTHWEST SAN ANGELOInterim Director of Development Services AJ Fawver presented background information. A copy of thepresentation is part of the Permanent Supplement Record.General discussion was held on the time limit of the temporary permit and existing violations of temporaryplacement of mobile homes.Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded byCouncilmember Silvas.Public comment was made by Proponent Kenneth A. Rocksuold.A vote was taken on the motion on the floor. AYE: New, Alexander, Morrison, Silvas, and Hirschfeld. NAY:Farmer. Motion carried 5-1.FIRST PUBLIC HEARING AND CONSIDERATION OF INTRODUCING AN ORDINANCE AMENDINGTHE ALLOCATION METHOD OF HOTEL OCCUPANCY TAX AND RELATED MATTERSAN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS,CHAPTER 5 “BUSINESS AND COMMERCE”, ARTICLE 5.800 “HOTEL OCCUPANCY TAX”, SECTION5.805 “PURPOSE AND DISTRIBUTION OF TAX”, BY REPEALING SAID SECTION IN ITS ENTIRETYAND ADOPTING A NEW SECTION 5.805 ENTITLED, “USE OF REVENUE”, TO REMOVE THEMANDATED ALLOCATION OF REVENUE FOR USES ON A FIXED PERCENTAGE BASIS AND TOPROVIDE FOR ALLOCATION OF REVENUE FOR USES PERMITTED BY LAW AS CITY COUNCILMAY DETERMINE WILL PROVIDE THE BEST VALUE IN APPLICATION OF HOTEL OCCUPANCYTAX REVENUE TO THE CITIZENS OF SAN ANGELO BY RESOLUTION FROM TIME TO TIMEAssistant City Manager/Chief Financial Officer Michael Dane presented background information.Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded byCouncilmember Hirschfeld. Motion carried unanimously.DISCUSSION AND UPDATE ON THE HOUSING DATA OBTAINED BY HOTEL/COMMUNITYHOUSING COMMITTEE MEMBERSRequested by Councilmember Hirschfeld, City Manager Daniel Valenzuela presented background informationand distributed a handout. A copy of the handout is part of the Permanent Supplement Record.Mr. Valenzuela informed he will facilitate the meetings to address the issues. General discussion was held onthe Planning Commission’s review and actions related to the current zoning ordinance, the review andclarification of the zoning ordinance and possible amendments to the ordinance, the potential submittal ofrecreational vehicle park permit requests, the lack of regulations of such development, designating an area forsuch development, the stakeholders involved, the potential for landlords to increase or escalate lease prices, andperformance measures.Councilmember Farmer suggested inviting someone from the military housing office.Mayor New directed staff to research what other cities are doing, to examine the process, and for staff to presentthose findings during the Council’s joint session with the Planning Commission.Public comment was made by Craig Meyers of West Texas Opportunity Strategy.
  • 18. Minutes Page 399March 19, 2013 Vol. 104RECESSAt 11:04 A.M., Mayor New called a recess.RECONVENEAt 11:10 A.M., Council reconvened, and the following business was transacted:EXECUTIVE/CLOSED SESSIONAt 11:35 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. OpenGovernment; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions toRequirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value ofreal property; and, Section 551.087 to discuss an offer of financial or other incentive to a company orcompanies with whom the City of San Angelo is conducting economic development negotiations and which theCity of San Angelo seeks to have, locate, stay or expand in San Angelo.RECONVENEAt 12:07 P.M., Council reconvened, and the following business was transacted:RECESSAt 12:07 P.M., Mayor New called a recess.RECONVENEAt 12:17 P.M., Council reconvened, and the following business was transacted:FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONNo action was taken on matters discussed in Executive/Closed Session.APPROVAL OF A BOARD NOMINATION BY COUNCIL AND DESIGNATED COUNCILMEMBERS:Planning Commission: Valerie Priess (Mayor) to an unexpired term January 2014Motion, to approve the board nominations by Council and designated Councilmembers, was made byCouncilmember Hirschfeld and seconded by Councilmember Farmer. Motion carried unanimously.CONSIDERATION OF NOMINATING CITY COUNCIL MEMBERS TO SERVE AS REPRESENTATIVESON THE CONCHO VALLEY COUNCIL OF GOVERNMENT GENERAL ASSEMBLYMotion, to nominate Councilmember Silvas, was made by Mayor New and seconded by CouncilmemberHirschfeld. Motion carried unanimously.ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMSCity Manager Daniel Valenzuela distributed the proposed April 2, 2013 Agenda and solicited Councilcomments and suggestions.Councilmember Farmer requested updates on the amendment to the mowing ordinance and Texas MunicipalRetirement System cost of living adjustment.Councilmember Alexander requested staff provide more definition on recreational vehicle parks, codification,ordinance, research what other community’s have implemented. Council suggested staff provide theinformation no later than the 2nd meeting in April.Responding to a question from Councilmember Silvas, Ms. Bowling informed the City does not have
  • 19. Page 400 MinutesVol. 104 March 19, 2013jurisdiction over Class B Misdemeanors and such is handled at the county level.Council requested an update on the Republic Services Contract.Mayor New requested a report on the revenue growth line on franchise tax, user fees, sales tax with a two tothree year comparison (before during and after) in relation to the general fund and property tax revenue.ADJOURNMENTMotion, to adjourn, was made by Councilmember Hirschfeld and seconded by Councilmember Morrison.Motion carried unanimously.The meeting adjourned at 12:29 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkIn accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of thismeeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Councilmeetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased fromthe Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recordingmay be distorted due to equipment malfunction or other uncontrollable factors.)
  • 20. Minutes Page 401March 19, 2013 Vol. 104 THIS PAGE INTENTIONALLY LEFT BLANK. Formatted: Justified
  • 21. City of San AngeloMemo Date: March 28, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Director of Water Utilities Subject: Agenda Item for April 2, 2013 Council Meeting Contact: Ricky Dickson, Director of Water Utilities Caption: Consent Item Consideration to select vendor from RFP BR-01-12 and authorize staff to negotiate an Interactive Voice Response System (IVR) contract and City Manager to execute the contract Summary: The City of San Angelo requested proposals for an Interactive Voice Response system and received responses from; Selectron Technologies, Inc., Paymentus Corporation, Interact Incorporated Software Systems, and Centurion Inc. History: With an IVR system, citizens will be able to access account information – billing or payment, consumption history, balance due, due date, and make a payment by telephone through a series of verbal and touchtone prompts. The proposed system will reduce call volumes while extending customer access to their account. Depending on the amount of customization required, a typical system installation takes between 90 and 120 days to implement. A committee of five evaluated the companies on experience, equipment, answers to specifications, cost/maintenance and training. The committee members were Kevin Krueger-Interim Assistant Director of Water Utilities, Mary Cleveland-Billing and Receipts Manager, Toni Fox-Customer Service/Water Conservation Manager, Roger Banks-Purchasing Manager and John Eades-Information Technology Manager Selectron Technologies is a preferred partner with SunGard, the City’s current financial system software provider and received the highest ranking from the selection committee. Financial Impact: Anticipated Cost: One-time installation - $20,000.00, Annual - $15,000.00. Related Vision Item (if applicable): Other Information/ Staff recommends approval to negotiate the new contract, authorizing the City Recommendation: Manager to execute the contract and purchase of the IVR services with Selectron Technologies. Attachments: BR-01-12 Acknowledgement.pdf PUR BR-01-12 Scoring Justification.pdf PUR BR-01-12 Scoring Worksheet.pdf Bid Packet Presentation: None Publication: None Reviewed by Ricky Dickson, Director of Water Utilities Director:
  • 22. Approved by Legal:
  • 23. Request for Proposal City of San Angelo Billing & Receipts DivisionInteractive Voice Response System RFP No. BR-01-12 City of San Angelo 72 West College Avenue San Angelo, Texas 76903 RFP SUBMITTAL DEADLINE November 14, 2012, 2:00 P.M. Local Time
  • 24. Table of ContentsINTRODUCTION.................................................................................................................................................. 1  PROJECT SUMMARY .......................................................................................................................................................    1 BACKGROUND ...............................................................................................................................................................    1 DISQUALIFICATION .........................................................................................................................................................    1 CONFIDENTIALITY ...........................................................................................................................................................    1 DOCUMENT, PLANS AND SPECIFICATIONS AVAILABILITY .........................................................................................................    1 AWARD OF CONTRACT ....................................................................................................................................................    1 ACCEPTANCE OF PROPOSAL CONTENT ................................................................................................................................    2 EQUAL EMPLOYMENT OPPORTUNITY .................................................................................................................................    2 DIGITAL FORMAT ...........................................................................................................................................................    2 PROPOSAL TERM ...........................................................................................................................................................    2 POINTS OF CONTACT ......................................................................................................................................................   2INSURANCE REQUIREMENTS .............................................................................................................................. 3 DEADLINE AND DELIVERY LOCATION .................................................................................................................. 5  DEADLINE .....................................................................................................................................................................    5 COPIES.........................................................................................................................................................................    5 SEALED ENVELOPE/CONTAINER ADDRESSING ......................................................................................................................    5 DELIVERY ADDRESSES .....................................................................................................................................................    5REQUIRED SUBMITTAL INFORMATION ............................................................................................................... 7  VENDOR BACKGROUND AND EXPERIENCE ...........................................................................................................................    7 IVR REQUIREMENTS .......................................................................................................................................................    7 Telephony Integration ..........................................................................................................................................    7 IVR Functionality ..................................................................................................................................................    7 System Administration .........................................................................................................................................    8 Support and Maintenance  ...................................................................................................................................    . 8 PRICING PROPOSAL ........................................................................................................................................................    9PROPOSAL FORMAT ..........................................................................................................................................  1  1 PROPOSAL FORMAT INSTRUCTIONS .................................................................................................................................  1  1 PROPOSAL LENGTH ......................................................................................................................................................  2  1SELECTION PROCESS..........................................................................................................................................  3  1SUBMISSION FORMS .........................................................................................................................................  5  1 REFERENCES ...............................................................................................................................................................  7  1 LOCAL PREFERENCE CONSIDERATION APPLICATION .............................................................................................................  9  1 DISCLOSURE OF CERTAIN RELATIONSHIPS  .........................................................................................................................  1  . 2 DEBARMENT AND SUSPENSION CERTIFICATION ..................................................................................................................  5  2 LETTER OF INTEREST .....................................................................................................................................................  9  2 CONTACT INFORMATION ...............................................................................................................................................  1  3 i
  • 25. i
  • 26. CITY OF SAN ANGELO PURCHASING DEPARTMENT 72 West College Avenue, San Angelo, TX 76903 Tel: (325) 657-4219 or 657-4220INTRODUCTION  Project Summary  The City of San Angelo is requesting proposals for an Interactive Voice Response (IVR) solution that:    1.  Enables customers to process credit card payments over the phone  2.  Integrates with our current CIS vendor ‐ SunGard Private Sector  3.  Integrates with our current credit card payment processor ‐ Automatic Merchant Systems Inc.  4.  Is a PCI Level 1 compliant Service Provider    Background  Currently calls are funneled through our customer service main number and directed to our billing department  where  the  calls  are  answered  as  agents  are  available.    The  Billing  and  Receipts  representative  accesses  our  cash receipt application and keys the customer information directly.    The City of San Angelo:     Customer accounts ‐ Approximately 35,000 customer accounts   Call volume ‐ Bills an average of 1,750 customers Monday – Friday, monthly   Host database environment ‐ SunGard Public Sector   Host credit card environment – Automatic Merchant Systems Inc   Has four cash receipts agents   Payment call volume ‐ An increasing average of 800 calls per month   Disqualification  Disqualification may occur for any of the following reasons:     The respondent is involved in any litigation against the City of San Angelo;   The respondent is in arrears on any existing contract or has defaulted on a previous contract with the  City;   The respondent is debarred, suspended, or otherwise excluded from or ineligible for participation in  State or Federal assistance programs.   Confidentiality  All  proposals  submitted  shall  remain  confidential.    After  award,  proposals  will  be  made  available  for  public  inspection.  The City shall not be responsible for the confidentiality of any trade secrets or other information  contained or disclosed in the proposal unless clearly identified as such.   Document, Plans and Specifications Availability  Contract  documents,  including  plans  and  specifications  are  available  and  may  be  examined  or  obtained  without charge in the Purchasing Division, Room 314, City Hall, San Angelo, Texas.  The Request for Bid is also  available at http://www.sanangelotexas.us, City Departments, Purchasing, Bidding Opportunities at no cost.   Award of Contract  The  City  reserves  the  right  to  accept  or  reject  any  or  all  proposals,  and  to  waive  any  informalities  or  irregularities in the RFP process.  The City is an equal opportunity employer   The City will select the most highly qualified respondent(s) of the requested services based on demonstrated  competence  and  qualifications  and  then attempt  to  negotiate  with  respondent(s) a  contract(s)  at a  fair  and  reasonable price. RFP: BR‐01‐12/IVR System  1 
  • 27.   Acceptance of Proposal Content  Before  submitting  a  proposal,  each  Respondent  shall  make  all  investigations  and  examinations  necessary  to  ascertain  all  conditions  and  requirements  affecting  the  performance  of  the  contract  and  to  verify  any  representations  made  by  the  City  upon  which  the  proposal  will  rely.    If  the  Respondent  receives  an  offer  because of its proposal, failure to have made such investigation and examinations will in no way relieve the  Respondent from its obligation to comply in every detail with all provisions and requirements.   Equal Employment Opportunity  Attention of Respondents to the requirement for ensuring that employees and applicants for employment are  not discriminated against because of their race, color religion, sex, national origin, age, or disability.    Digital Format  If  Bidder  obtained  the  bid  specifications  in  digital  format  in  order  to  prepare  a  proposal,  the  bid  must  be  submitted  in  hard  copy  according  to  the  instructions  contained  in  this  bid  package.    If,  in  its  bid  response,  Bidders makes any changes whatsoever to the published bid specifications, the bid specification as published  shall control.  Furthermore, if an alteration of any kind to the bid specification is discovered after the contract  is  executed  and  is  or  is  not  being  performed;  the  contract  is  subject  to  immediate  cancellation  without  recourse.    Proposal Term  Proposal shall be in effect for at least 120 days from the submission date.   Points of Contact  Roger Banks, Division Manager  Mary Cleveland, Division Manager  Purchasing Division  Billing & Receipts Division  City of San Angelo  City of San Angelo  72 West College Avenue  72 West College Avenue  San Angelo Texas, 76903  San Angelo Texas, 76903  Email: roger.banks@sanangelotexas.us  Email: mary.cleveland@sanangelotexas.us  Telephone: (325) 657‐4220  Phone: 325‐657‐4231         2   RFP: BR‐01‐12/IVR System 
  • 28. CITY OF SAN ANGELO PURCHASING DEPARTMENT 72 West College Avenue, San Angelo, TX 76903 Tel: (325) 657-4219 or 657-4220INSURANCE REQUIREMENTS The following insurance requirements will be required for the duration of the contract.  Failure to maintain the requirements will result in the termination of the contract.   INDEMNIFICATION.   1.1  GENERAL INDEMNIFICATION.  CONTRACTOR AGREES TO INDEMNIFY, DEFEND, AND HOLD CITY,  ITS  COUNCIL  MEMBERS,  BOARD  AND  COMMISSION  MEMBERS,  OFFICIALS,  AGENTS,  GUESTS,  INVITEES,  CONSULTANTS  AND  EMPLOYEES  FREE  AND  HARMLESS  FROM  AND  AGAINST  ANY  AND  ALL  CLAIMS,  DEMANDS,  PROCEEDINGS,  SUITS,  JUDGMENTS,  COSTS,  PENALTIES,  FINES,  DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS,  INCLUDING  AGENTS  OR  EMPLOYEES  OF  CONTRACTOR  OR  CITY,  BY  REASON  OF  DEATH  OR  INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR ARISING OUT  OF, THE VIOLATION OF ANY LAW OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY  ACT  OF  COMMISSION,  OMISSION,  NEGLIGENCE  OR  FAULT  OF  CONTRACTOR,  ITS  AGENTS  OR  EMPLOYEES,  OR  THE  JOINT  NEGLIGENCE  OF  CONTRACTOR  AND  ANY  OTHER  ENTITY,  AS  A  CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS CONTRACT OR SUSTAINED IN OR  UPON THE PREMISES, OR AS A RESULT OF ANYTHING CLAIMED TO BE DONE OR ADMITTED TO  BE DONE BY CONTRACTOR HEREUNDER.  THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF  THIS  CONTRACT  AS  LONG  AS  ANY  LIABILITY  COULD  BE  ASSERTED.    NOTHING  HEREIN  SHALL  REQUIRE  CONTRACTOR  TO  INDEMNIFY,  DEFEND  OR  HOLD  HARMLESS  ANY  INDEMNIFIED  PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.  2  Insurance.      2 1  Types and Amounts of Insurance Required.  Contractor shall obtain and continuously maintain in  effect at all times during the term hereof, at Contractor’s sole expense, insurance coverages as  follows with limits not less than those set forth below:      2.2.1  Commercial General Liability.  This policy shall be an occurrence‐type policy and  shall protect the Contractor and additional insureds against all claims arising from  bodily injury, sickness, disease or death of any person (other than the Contractor’s  employees) and damage to property of the City or others arising out of the act or  omission  of  the  Contractor  or  its  agents  and  employees.    This  policy  shall  also  include  protection  against  claims  for  the  contractual  liability  assumed  by  Contractor  under  the  paragraph  of  this  Contract  entitled  “Indemnification,”  including  completed  operations,  products  liability,  contractual  coverage,  broad  form  property  coverage,  explosion,  collapse,  underground,  premises/operations,  and  independent  contractors  (to  remain  in  force  for  two  years  after  final  payment). Coverage shall not be less than:      $   2,000,000.00  General Aggregate    $   1,000,000.00  Products‐ Completed Operations     $   1,000,000.00  Personal & Advertising Injury    $   1,000,000.00  Each Occurrence  RFP: BR‐01‐12/IVR System  3 
  • 29. Intentionally Left Blank4   RFP: BR‐01‐12/IVR System 
  • 30. CITY OF SAN ANGELO PURCHASING DEPARTMENT 72 West College Avenue, San Angelo, TX 76903 Tel: (325) 657-4219 or 657-4220DEADLINE AND DELIVERY LOCATION    Deadline  Sealed  submittals  must  be  received  and  time  stamped  by  November  14,  2012,  2:00  P.M.,  Local  Time.    The  clock located in Purchasing will be the official time.    Faxed or electronically transmitted RFP submittals will not be accepted   It is the sole responsibility of the respondent to ensure that the sealed RFP submittal arrives at the above  location by specified deadline regardless of method chosen by the respondent for delivery.    Copies  Submit one (1) unbound original and six (6) complete copies.   Sealed Envelope/Container Addressing  Lower Left Hand Corner: “RFP: BR‐01‐12/IVR System”   Delivery Addresses   USPS:    Purchasing Division  City of San Angelo  72 West College Avenue  San Angelo, Texas  76903    Delivery Services (FedEx, UPS, etc):   Purchasing Division, Suite 314  City of San Angelo  72 West College Avenue  San Angelo, Texas  76903    Please ensure the delivery envelope/container is marked, “RFP Enclosed”.  RFP: BR‐01‐12/IVR System  5 
  • 31. Intentionally Left Blank  6   RFP: BR‐01‐12/IVR System 
  • 32. CITY OF SAN ANGELO PURCHASING DEPARTMENT 72 West College Avenue, San Angelo, TX 76903 Tel: (325) 657-4219 or 657-4220REQUIRED SUBMITTAL INFORMATION   Vendor Background and Experience   1. Provide  corporate  details,  including  company  name,  mailing  address,  phone  number,  years  in  business, location of business, products and services offered.  2. Provide primary contact information.  3. Provide  a  summary  overview  of  your  organization,  which  includes  your  experience  working  with  government  agencies.    Also,  describe  your  experience  in  delivering  solutions  of  a  similar  size  and  scale as requested in this RFP.  4. Highlight  relevant  certifications  and/or  partnerships  your  organization  maintains  which  will  aid  in  delivering an effective system.  5. Furnish  at  least  three  (3)  references  for  customers  that  have  successfully  utilized  a  similar  system  within the past 3 years.  6. Provide brief resumes of key personnel who will be working on the proposed system.    IVR Requirements  Telephony Integration   1. Provide  information  on  the  recommended  number  of  phone  lines/simultaneous  callers  your  proposed IVR system can support, based on our City’s call volume.  2. Describe the proposed system’s expansion capability, including both hardware expansion as well  as new interfaces/applications/product features.  3. Explain  how  the  proposed  IVR  system  prevents  callers  from  being  hung  in  a  “loop”  (unable  to  escape from a routine).  4. Detail  all  the  telephone‐related  services  that  our  City  will  be  responsible  for,  in  support  of  the  proposed IVR system.  5. Demonstrate your experience with Cisco Unified Communications Version 8.5   IVR Functionality  1. Describe the platform and architecture used to develop your IVR solution.  2. Describe the customer information that can be provided to the caller during a call.  3. Describe  how  callers  can  “dial  through”  the  voice  prompts  and  how  your  proposed  solution  allows this functionality to be disabled for certain prompts?  4. Describe how the proposed system handles call transfer routines during normal business hours  and outside of normal business hours.  5. Explain  how  your  proposed  system  ensures  that  callers  are  transferred  to  the  correct  person/department.  6. Does your system offer the proposed services in Spanish?   7. What components are required to implement multiple languages such as Spanish?  8. Does  your  proposed  system  have  limits  to  the  number  of  prompts  that  can  exist  within  the  system? If so, how many? Are there limits to the number of menu items and/or menu inputs?  9. Describe  how  the  proposed  solution  ensures  that  our  City’s  business  rules  are  correctly  supported and enforced.  10. Describe  security  options  available  to  ensure  that  customers  are  hearing  information  for  the  correct  account,  as  well  as  to  ensure  that  callers  cannot  randomly  access  other  customers’  account information. RFP: BR‐01‐12/IVR System  7 
  • 33. 11.  Describe how your solution will support integration to our 3rd party credit card, debit card, and  electronic check payment processing vendor.  12. Describe the reporting options available within the proposed system.   13. What data export methods are available?  14. Describe how your proposed system will allow administrators to schedule automatic delivery of  reports.  15. What process exists to add additional reports?  16. Are there limits to the quantity of reports that can be run on your system?  17. Please provide an overview of your proposed system’s standard implementation methodology.  18. Please describe your relationship with our CIS vendor, Systems & Software.  19. Does the proposed system include the ability for our City to offer general informational messages  and prompts to the customer?   20. Please describe how your system allows our City to update these messages and/or prompts, as  well as the order in which the information is presented on an as‐needed basis.   21. Describe  the  technical  requirements  our  City  personnel  must  possess  to  administer  these  functions.   System Administration  1. Describe in detail the utilities available for system administration functionality.  2. Describe how administrative access is controlled.  3. Describe how database passwords are set up, maintained and changed.  4. Describe the reporting options available within the proposed system.   5. Provide a description of the proposed solution’s standard call traffic reports.  6. Identify what reporting tools can be used to develop custom reports.  7. What data export methods are available?  8. Describe how your proposed system will allow administrators to schedule automatic delivery of  reports.  9. What process exists to add additional reports?  10. Are there limits to the quantity of reports that can be run on your system?  11. Explain how the City’s system administrator is notified should a problem occur with the proposed  solution.  12. Describe how calls are handled when the City’s network or host database encounters a failure.  13. Define the City’s responsibility for recording the initial set of prompts.  14. After implementation, describe how voice prompts are added, changed and deleted?      Support and Maintenance   1. Describe  how  your  organization  handles  support  of  this  application  and  the  support  options  available to the City.  2. Provide documentation, manuals, or reference guides for the IVR.  3. Provide a copy of your standard warranty and maintenance contracts for our review.  4. Do  you  have  any  proactive  monitoring  tools  that  allow  you  to  be  notified  if  the  system  is  experiencing an issue?  5. Describe the backup procedures for the IVR system.  6. Explain how the IVR system allows application changes while in production.  7. Describe the procedure for installing new software releases into a production environment.  8. Describe the City’s ongoing maintenance routine responsibilities, including any telephony related  services.  9. Will any routine maintenance require the IVR system to be out of service? If so, please describe.    8   RFP: BR‐01‐12/IVR System 
  • 34.   Pricing Proposal  Provide a detailed basic unit list needed to install and implement the system.    1. Include your proposed ongoing support and maintenance plan.  2. Include separate pricing for transaction fee model  3. Include separate pricing for convenience fee model  RFP: BR‐01‐12/IVR System  9 
  • 35. Intentionally Left Blank   10   RFP: BR‐01‐12/IVR System 
  • 36. CITY OF SAN ANGELO PURCHASING DEPARTMENT 72 West College Avenue, San Angelo, TX 76903 Tel: (325) 657-4219 or 657-4220 PROPOSAL FORMAT Proposals  shall  be  submitted  in  the  following  format  with  each  element  requested  and/or  form  furnished  as specified to facilitate evaluation of the proposals.  The detailed requirements in this RFP are mandatory.  City of San Angelo will not participate in any cost the Respondent may incur in the preparation and submission of a proposal.  The City will not be liable in any manner with regard to this RFP and the Respondent’s response to it.  FAILURE TO ADHERE TO THE REQUIRED FORMAT MAY BE CAUSE FOR REJECTION OF PROPOSAL.   Proposal Format Instructions  Each response should be organized in a fashion as outline below with sections labeled (not numbered):     Table of Contents     Executive Summary     Technology Overview     Project Overview     System Specifications     System Pricing     Warranty     Experience and Reference List     Submission Forms    Executive Summary:  This section allows the respondent to summarize the RFP.  Detailed data included  elsewhere  need  not  be  repeated.    However,  key  features  of  the  Respondent’s  system  should  be  summarized.    Technology Overview:  Summarize the AMR system that is proposed.  In general terms describe how the  system functions and how a typical set of meters would be read and processed.    Project Overview:  Summarize the project scope from the Respondent’s standpoint based upon the RFP.   Describe in general how the project would be implemented.    System  Specifications:    Provide  a  detailed  listing  and  description  of  the  proposed  system  specifications  and  a  description  of  compliance  with  the  specifications  stated  herein  or  any  deviations  or  exceptions  thereto.    System  Pricing:    Provide  a  detailed  base  unit  price  list  for  all  components  needed  to  construct  and  implement the system.  For Phase I provide a detailed summary of the components needed to implement  this phase with a total price.  For future phases, provide a detailed summary of components to be added  in each phase and the unit price adjustment factor, if any, that will be used to adjust the base unit prices. RFP: BR‐01‐12/IVR System  11 
  • 37.   Warranty:  Provide a detailed explanation of the warranty on each of the components of the system.    Experience and Reference List:  Provide a list of similar Fixed Base AMR systems supplied and/ or installed  over the past 3 years.    Proposal Length  The proposal should be limited to a length of 50 pages; single sided print, including attachments.   12   RFP: BR‐01‐12/IVR System 
  • 38. CITY OF SAN ANGELO PURCHASING DEPARTMENT 72 West College Avenue, San Angelo, TX 76903 Tel: (325) 657-4219 or 657-4220SELECTION PROCESS  All submittals shall be evaluated by a selection committee and those applicants selected for the short list may  be invited to attend an interview, at the applicants own expense.     A. The selection committee will consist of: representatives from various department in the City.      B. The  selection  committee  will  evaluate  all  proposals  that  are  submitted.    Selection  ratings  will  be  based on 100‐point scale.  Ranking will be as reflected below:     Qualifications & Experience ............................................................................ 30%   Ability Of Equipment & Solution To Meet City Needs .................................... 20%   Clearly Includes All Information Requested, Including IVR Requirements ..... 20%   Cost (including maintenance, training additional hardware, etc)  .................. 30%  .     Total ............100%    C. Respondents are advised that the City reserves the right to evaluate and rank the proposals  without  input  from  the  respondents.    Therefore,  proposals  should  be  complete  as  initially  submitted.  However, if you are selected for an interview, you will be expected to present not  only your proposal, but also your approach.   D. City staff shall make a recommendation to City Council of the selection of the most qualified  respondent to enter into contract negotiations with the City.    E. The  selected  respondent  shall  enter  into  negotiations  with  the  City  for  the  services  to  be  performed.   F. If satisfactory negotiations cannot be concluded, the City reserves the right to negotiate with  the next highest‐ranking respondent.   G. When services and fees are agreed upon, the selected respondent shall be offered a contract  subject to City Council approval.   H. Should  negotiations  be  unsuccessful,  the  City  may  enter  into  negotiations  with  the  next,  highest ranked respondent until an agreement for services and fees are reached.  This process  may continue until an agreement is reached.   I. This RFP does not commit the City to pay for any direct and/or indirect costs incurred in the  preparation and presentation of a response.  All finalist(s) shall pay their own costs incurred in  preparing for, traveling to and attending the interviews.  The City reserves the right to accept  or reject all or part of proposals.  RFP: BR‐01‐12/IVR System  13 
  • 39. Intentionally Left Blank  14   RFP: BR‐01‐12/IVR System 
  • 40. CITY OF SAN ANGELO PURCHASING DEPARTMENT 72 West College Avenue, San Angelo, TX 76903 Tel: (325) 657-4219 or 657-4220SUBMISSION FORMS RFP: BR‐01‐12/IVR System  15 
  • 41. Intentionally Left Blank 16   RFP: BR‐01‐12/IVR System 
  • 42. CITY OF SAN ANGELO PURCHASING DEPARTMENT 72 West College Avenue, San Angelo, TX 76903 Tel: (325) 657-4219 or 657-4220 References  Please  list  three  (3)  government  agencies  or  business,  who  can  verify  the  quality  of  service  your  company  provides.  References should be of similar size and scope of the Request.     Reference One  Government/Company Name:     Location:     Contact Person and Title:     Telephone Number:     Scope of Work:    Contract Period:        Reference Two  Government/Company Name:     Location:     Contact Person and Title:     Telephone Number:     Scope of Work:    Contract Period:        Reference Three  Government/Company Name:     Location:     Contact Person and Title:     Telephone Number:     Scope of Work:    Contract Period:      THIS FORM MUST BE RETURNED WITH THE BIDRFP: BR‐01‐12/IVR System  17 
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  • 44. CITY OF SAN ANGELO PURCHASING DEPARTMENT 72 West College Avenue, San Angelo, TX 76903 Tel: (325) 657-4219 or 657-4220 Local Preference Consideration Application Business Name:Physical Address:Mailing Address:City:Zip Code:Business Type: □ Corporation – Indicate state of incorporation □ Partnership – Indicate “general” or “limited” □ Sole proprietorshipBasis For Preference (Check applicable box(s) if physical location of business is not within the CityLimits of the City of San Angelo. □ The business is a partnership with residents of the City of San Angelo owning a majority beneficial interest in the partnership (Attach a list of partners with names and addresses). □ The business is a sole proprietorship owned by a resident of the City of San Angelo (Attach name and address of owner).Attachments: Describe in writing, and attach supporting documentation, the additional economicdevelopment opportunities for the City of San Angelo that will be created if you are awarded this contract.Include the number of City of San Angelo residents that you will employ to complete this contract and theincreased tax revenues that will be generated for the City of San Angelo if you are awarded this contract.CERTIFICATION: I hereby certify under penalty of perjury that the information which I have provided onthis form is true and correct, that I am authorized to sign on behalf of the business set out above and ifrequested by the city will provide, within 10 days of notice, the necessary documents to substantiate theinformation provided. Company Name Signature Printed Name ________________________________ Title ________________________________ Address ________________________________ City, State Zip Code THIS FORM MUST BE RETURNED WITH THE BIDRFP: BR‐01‐12/IVR System  19 
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  • 46. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902 Tel: (325) 657-4220 or 657-4219 NOTICE TO VENDORS   Disclosure of Certain Relationships   Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person  considering  doing  business  with  a  local  governmental  entity  make  certain  disclosures  concerning  any affiliation or business relationship that might cause a conflict of interest with the local governmental entity.  The provisions of Chapter 176 and the Form CIQ questionnaire that you must complete to comply with this law, are available at the Texas Ethics Commission website at http://www.ethics.state.tx.us/whasnew/confliict forms.htm.    A current list of City of San Angelo and City of San Angelo Development Corporations officers is available in the office of the City of San Angelo City Clerk’s office located in Room 201 of City Hall or on the City’s website at http://sanangelotexas.org.    If  you  are  considering  doing  business  with  the  City  of  San  Angelo  or  the  City  of  San Angelo  Development  Corporation  and  have  an  affiliation  or  business  relationship  that  requires  you  to  submit  a completed Form CIQ, it must be filed with the records administrator (City Clerk) of the City of San Angelo no later than the seventh (7th) business day after the date you become aware of facts that require the form to be filed.  See Section 176.006, Texas Local Government Code.  It is a Class C misdemeanor to violate this provision.    By  Submitting  a  response  to  a  City  of  San  Angelo  or  City  of  San  Angelo  Development  Corporation Request for Proposals, Request for Bids, or Request for Qualifications or by conducting business with either of those two entities, you are representing that you are in compliance with the requirements of Chapter 176 of the Texas Local Government Code.          Roger S. Banks  Division Manager   RFP: WU‐XX‐10  Page 21 
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  • 48. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902 Tel: (325) 657-4220 or 657-4219 RFP: BR‐01‐12/IVR System  23 
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  • 50. CITY OF SAN ANGELO PURCHASING DEPARTMENT 72 West College Avenue, San Angelo, TX 76903 Tel: (325) 657-4219 or 657-4220 Debarment and Suspension Certification  (1)  The  prospective  primary  participant  certifies  to  the  best  of  its  knowledge  and  belief  that  it  and  its  principals:    (a)   Are  not  presently  debarred,  suspended,  proposed  for  disbarment,  declared  ineligible,  or  voluntarily excluded from covered transactions by any Federal department or agency;  (b)  Have not within a three‐year period preceding this application been convicted of or had a civil  judgment  rendered  against  them  for  commission  of  fraud  or  a  criminal  offense  in  connection  with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction  or  contract  under  a  public  transaction;  violation  of  Federal  or  State  antitrust  statutes  or  commission  of  embezzlement,  theft,  forgery,  bribery,  falsification  or  destruction  of  records,  making false statements, or receiving stolen property;  (c)   Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity  (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)  of this certification; and   (d)   Have  not  within  a  three‐year  period  preceding  this  application  had  one  or  more  public  transactions (Federal, State, or local) terminated for cause or default.  (2)   Where  the  prospective  primary  participant  is  unable  to  certify  to  any  of  the  statements  in  this  certification, such prospective primary participant shall attach an explanation to this proposal.    (Please print) Company Name Signature Printed Name Title ________________________________ Address ________________________________ City, State Zip CodeRFP: BR‐01‐12/IVR System  25 
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  • 52. Debarment and Suspension Certification  INSTRUCTIONS  1. By  signing  and  submitting  this  proposal,  the  prospective  participant  is  providing  the  certification  set  out  below. 2. The  inability  of  a  person  to  provide  the  certification  required  below  will  not  necessarily  result  in  denial  of  participation  in  this  covered  transaction.    The  prospective  participant  shall  submit  an  explanation  of  why  it  cannot  provide  the  certification  set  out  below.    The  certification  or  explanation  will  be  considered  in  connection with the determination whether to enter into this transaction.  However, failure of the prospective  participant  to  furnish  a  certification  or  an  explanation  shall  disqualify  such  person  from  participation  in  this  transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the  City  of  San  Angelo  determined  to  enter  into  this  transaction.    If  it  is  later  determined  that  the  prospective  participant knowingly rendered an erroneous certification, in addition to other remedies available, the City of  San Angelo may terminate this transaction for cause. 4. The  prospective  participant  shall  provide  immediate  written  notice  to  the  City  of  San  Angelo  to  which  this  proposal  is  submitted  if  at  any  time  the  prospective  participant  learns  that  its  certification  was  erroneous  when submitted or has become erroneous because of changed circumstances. 5. The  terms  "covered  transaction,"  "debarred,"  "suspended,"  "ineligible,"  "lower  tier  covered  transaction,"  "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as  used  in  this  clause,  have  the  meanings  set  out  in  the  Definitions  and  Coverage  sections  of  the  rules  implementing Executive Order 12549(13 CFR Part 145).  You may contact the City of San Angelo for assistance  in obtaining a copy of these regulations. 6. The  prospective  participant  agrees  by  submitting  this  proposal  that,  should  the  proposed  transaction  be  entered  into,  it  shall  not  knowingly  enter  into  any  lower  tier  covered  transaction  with  a  person  who  is  debarred,  suspended,  declared  ineligible,  or  voluntarily  excluded  from  participation  in  this  covered  transaction, unless authorized by the City of San Angelo. 7. The  prospective  participant  further  agrees  by  submitting  this  proposal  that  it  will  include  the  clause  titled  "Certification  Regarding  Debarment  and  Suspension"  provided  by  the  City  of  San  Angelo,  without  modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier  covered  transaction  that  it  is  not  debarred,  suspended,  ineligible,  or  voluntarily  excluded  from  the  covered  transaction,  unless  it  knows  that  the  certification  is  erroneous.    A  participant  may  decide  the  method  and  frequency by which it determines the ineligibility of its principals.  Each participant may, but is not required to,  check the Nonprocurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order  to  render  in  good  faith  the  certification  required  by  this  clause.    The  knowledge  and  information  of  a  participant  is  not  required  to  exceed  that  which  is  normally  possessed  by  a  prudent  person  in  the  ordinary  course of business dealings. 10. Except  for  transactions  authorized  under  paragraph  6  of  these  instructions,  if  a  participant  in  a  covered  transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,  ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available  to the City of San Angelo, the City of San Angelo may terminate this transaction for cause. RFP: WU‐06‐10  27 
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  • 54. CITY OF SAN ANGELO PURCHASING DEPARTMENT 72 West College Avenue, San Angelo, TX 76903 Tel: (325) 657-4219 or 657-4220 Letter of Interest  RFP:  BR‐01‐12/Interactive Voice Response   The undersigned firm submits the following information in response to Request for Proposal (as amended by  Addenda), issued by the City of San Angelo, Texas (“City”) for an IVR System.  This proposal s includes:    Completed RFP Letter Of Interest (REQUIRED)   List of References (REQUIRED)   Local Preference   Completed Conflict Of Interest form (if applicable)   Completed Debarment and Suspension Certificate (REQUIRED)   IRS W‐9 Form (REQUIRED)   One (1) original and six (6) copies of proposal (REQUIRED)   Respondent is responsible for calling the City to determine if any addendums have been issued.   Respondent also understands that the City is not bound to select any proposals for the final pre‐qualified list  and may reject any RFP submittal that the City receives.   Respondent  further  understands  that  all  costs  and  expenses  incurred  by  it  in  preparing  this  RFP  and  participating in this process will be borne solely by the respondent, and that the RFP submittal materials will  become the property of the City and will not be returned.   Respondent agrees that the City will not be responsible for any errors, omissions, inaccuracies, or incomplete  statements in this RFP and accepts all terms of the RFP submittal process by signing this letter of interest and  making the RFP submittal.   The respondent certifies, by submission of this proposal or acceptance of this contract, that neither it nor its  principals  is  presently  debarred,  suspended,  proposed  for  debarment,  declared  ineligible,  or  voluntarily  excluded from participation in this transaction by any Federal or State departments or agencies.   Any offer submitted because of this RFP shall be binding on the Respondent for 120 calendar days following  the specified opening date.  Any proposal for which the respondent specifies a shorter acceptance period may  be rejected.   This RFP shall be governed by and construed in all respects according to the laws of the State of Texas.      Company Name Signature Printed Name Title ________________________________ Date   RFP: BR‐01‐12/IVR System  29 Y:COUNCILElectronic Agendas201304‐02‐13 DraftPUR BR‐01‐12 111412.docx
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  • 56. CITY OF SAN ANGELO PURCHASING DEPARTMENT 72 West College Avenue, San Angelo, TX 76903 Tel: (325) 657-4219 or 657-4220 Pricing Proposal    1. Provide comprehensive pricing for the system you are proposing  2. Include your proposed ongoing support and maintenance plan.  3. Include separate pricing for transaction fee model  4. Include separate pricing for convenience fee model    Item  Description  Price 1  Basic System & Installation, Training, etc  $ 2  Ongoing Support and Maintenance  $ 3  Transaction Fee Model  $ 4  Convenience Fee Model  $RFP: BR‐01‐12/IVR System  31 Y:COUNCILElectronic Agendas201304‐02‐13 DraftPUR BR‐01‐12 111412.docx
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  • 58. CITY OF SAN ANGELO PURCHASING DEPARTMENT 72 West College Avenue, San Angelo, TX 76903 Tel: (325) 657-4219 or 657-4220     Contact Information  Business Name:  Mailing Address:  City, State Zip  Telephone:    Fax:  E‐Mail:  Authorized Signature:                                                                                                     Date:  Printed Name/Title:  Attach IRS W‐9 Form RFP: BR‐01‐12/IVR System  33 Y:COUNCILElectronic Agendas201304‐02‐13 DraftPUR BR‐01‐12 111412.docx
  • 59. City of San AngeloMemo Date: March 11, 2013 To: Councilmembers From: Patrick Frerich, Vehicle Maintenance Subject: Agenda Item for April 2, 2013 Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651 Caption: Consent Consideration of selecting Rene Bates’ Auctioneers’ for RFP VM-02-13 Auctioneering Services; authorizing City staff to negotiate a contract; and authorizing City Manager or designee to execute said contract. Summary: The City of San Angelo Vehicle Maintenance Department solicited propositions for live auctioneering services to facilitate the disposal of vehicles, equipment, seized items, and office supplies and furniture. Requests were sent to four companies in the local and surrounding area. Three proposals were received from Joe Pippin Auctioneers (Irving, Tx), Lone Star Auctioneers (Fort Worth, Tx) and Rene Bates’ Auctioneers (McKinney, Tx). Staff compared all the proposals based on their qualifications, marketing plan, commission rates, professional competence, and availability. The individual rankings are outlined in the attached Ranking Summary. Rene Bates’ Auctioneers’ proposal garnered the highest ranking most notably in the commission rate, almost a full percent lower than the next lowest submission. In addition to the listed ranking criteria, other areas were explored and compared including unsolicited information included in the companies’ proposals; additional value-added services such as online capabilities; and recent sales reports across similar items. Again, Rene Bates’ Auctioneers’ number of registered online bidders, past sales, number of available auctioneers, and online auction commission rate substantiated their high ranking. History: The City of San Angelo has for several years hosted a live auction once per year to dispose of used or no longer needed vehicles, equipment, office supplies, Police seized items, and office furniture. The auction is combined with Tom Green County and San Angelo ISD, and in recent years other area counties and school districts. Financial Impact: Gross sale proceeds for the City are typically range from $200,000 to $300,000. The net proceeds after commission are disperse among the various departments as appropriate. Rene Bates’ proposal included a commission rate of 7% for live auctions and 5% for on-line sales.X:PF DocumentsBid Documents2013 Equipment BidsAgenda BackgroundBackground Memo VM-02-13 - AuctioneeringServices.doc
  • 60. Related Vision Item: NA Other information/ Recommendation: Staff recommends entering into contract negotiations with Rene Bates’ Auctioneers (McKinney, Tx). Attachments: RFP Acknowledgement VM-02-13 RFP Ranking VM-02-13 Reviewed by: Shane Kelton, Director – OperationsX:PF DocumentsBid Documents2013 Equipment BidsAgenda BackgroundBackground Memo VM-02-13 - AuctioneeringServices.doc
  • 61. Proposal Acknowledgment * RFP: VM-02-13/Auctioneering Services Date: Januray 16, 2013/2:00 PM RANKING SUMMARY Roger Banks Category Points Pippin Rene Bates Lone Star Qualifications 25 25 25 25 Marketing Plan 20 18 20 20 Fee 20 17.43 20.00 17.14 Professional Competence 15 7 15 15 Availability 13 13 13 13 Organizational Depth 7 5 7 6 Reserved 0 0 0 0 Total Score 100 85.43 100 96.14 Rank 3 1 2 Patrick Frerich Category Points Pippin Rene Bates Lone Star Qualifications 25 25 25 25 Marketing Plan 20 18 20 20 Fee 20 19.80 20.00 19.78 Professional Competence 15 10 15 15 Availability 13 13 13 13 Organizational Depth 7 5 7 6 Reserved 0 0 0 0 Total Score 100 90.8 100 98.78 Rank 3 1 2X:PF DocumentsBid Documents2013 Equipment BidsBid Tabs 2013Auctioneer ServicesRFP Acknowledgement Page 1 of 3
  • 62. Proposal Acknowledgment * RFP: VM-02-13/Auctioneering Services Date: Januray 16, 2013/2:00 PMX:PF DocumentsBid Documents2013 Equipment BidsBid Tabs 2013Auctioneer ServicesRFP Acknowledgement Page 2 of 3
  • 63. City of San Angelo Proposal Acknowledgment * RFP: VM-02-13/Auctioneering Services Date: Januray 16, 2013/2:00 PM Proposed Proposals Received City, State Fee 1 Joe Pippin Auctioneers, LLC Duncanville, TX 7.9% 2 Rene Bates Auctioneers, Inc McKinnery, TX 7.0% 3 Lone Star Acutioneers, Inc Fort Worth, TX 8.0% Proposals sent to: City, State Auctions & Services Unlimted Midland TX Pippin Auctioneers Irving TX Rene Bates Auctioneers, Inc McKinney TX Tackett Auction Brownwood TXNOTE: Include this form with your Agenda MemoX:PF DocumentsBid Documents2013 Equipment BidsBid Tabs 2013Auctioneer ServicesRFP Acknowledgement
  • 64. City of San AngeloMemo Date: March 21, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Water Utilities Director Subject: Agenda Item for April 2, 2013 Council Meeting Contact: Ricky Dickson, Water Utilities Director, 657-4209 Caption: CONSENT Item Consideration of approving special recreational lease agreement with Jorge R. Ellis and wife, Amy C. Ellis for an area 0.656 acre of land out of Lot 11, Block 1, Group Four, Lake Nasworthy Addition and authorizing the Water Utilities Director to execute the same. Summary: Jorge R. Ellis and wife, Amy C. Ellis own and occupy adjacent property for residential purposes. The area to be leased is a portion of Lot 11, Block 1, Group Four, Lake Nasworthy Addition with said lot containing 6.433 acres; multiple road easements surround and traverse the aforementioned lot. Granting of lease will not impede access to or from adjacent lots History: (Brief synopsis of the history, minute references, prior Council discussion and/or directives by Council regarding the issue) Financial Impact: Annual Lease Fee: $248.00 Related Vision Item None. (if applicable): Other Information/ It is recommended that the special recreational lease be approved. Recommendation: Attachments: Lease Presentation: None. Publication: None Reviewed by Ricky Dickson, Water Utilities Director, March 21, 2013 Director: Approved by Legal: City Attorney Lysia H. Bowling, March 21, 2013
  • 65. SPECIAL RECREATIONAL LEASE AGREEMENT This lease is made and entered into by and between the CITY OF SANANGELO, a Texas municipal corporation, ("Lessor"), whose address is 72 W. CollegeAve., San Angelo, Tom Green County, Texas 76903, and Jorge R. Ellis and wife, AmyC. Ellis whose address is 2628 Vista Del Arroyo, San Angelo, Tom Green County,Texas 76904 (“Lessees”). I. DEMISE OF LEASED PREMISES1.1 In consideration of the mutual covenants, conditions and agreements set forth inthis lease, Lessor hereby demises and leases to Lessee, and Lessee hereby acceptsand leases from Lessor, the following described real property (hereinafter called "leasedpremises") situated in San Angelo, Tom Green County, Texas: Surface Estate Only: Being an area 0.656 acre of land out of Lot 11, Block 1, Group Four, Lake Nasworthy Addition, City of San Angelo, Tom Green County, Texas as per plat of record in Cabinet E, Slide 153 Plat Records of Tom Green County, Texas and said 0.656 acre being more particularly described by metes and bounds description in Exhibit “A”, attached hereto and incorporated herein. II. TERM, FEES AND RENT FIXED COMMENCEMENT AND TERMINATION DATE2.1 This lease is granted for a period of five (5) years and nine (9) months beginningApril 1, 2013 and ending December 31, 2018. Lessee shall have the option to renewthis Special Recreational Lease Agreement for two (2) additional terms of five (5) years,provided that Lessee gives notice of exercise of said option to City no less than three(3) months prior to the date of expiration of the initial term. 2.1.1 In consideration of the initial payment of Two Thousand Seven Hundred Forty-Six Dollars ($2,746.00), which payment includes: (a) the Seventy Five Dollar ($75.00) granting fee, (b) One Hundred Dollar ($100.00) document preparation fee, (c) the Two Thousand Three Hundred Eighty-Five Dollar ($2,385.00) survey fee, and (d) the annual rental fee balance of One Hundred Eighty Six Dollars ($186.00) for 2013, receipt of which payment is hereby acknowledged, and the further consideration of Lessees payment of future annual rent and Lessees compliance with the stipulations and conditions hereinafter set forth. TIME AND MANNER OF PAYMENT2.2 Lessee shall pay annual rent to Lessor at the Water Utilities Department, at 122 stW. 1 Street, San Angelo, Texas, 76903, or at such other place as Lessor may from
  • 66. time to time designate by written notice to Lessee. Such rent shall be paid annually onor before January 1st during the term of this lease in accordance with the followingschedule: Dates Annual Rent For the Years 2013 Through 2018 $248.00 For the Years 2019 Through 2023 $273.00 For the Years 2024 Through 2028 $300.00 DELINQUENT PAYMENTS2.3 Lessee shall pay to Lessor a late charge or interest for any rent received byLessor after the date that the rent is due in accordance with established ordinances,provided however, that this provision for late charges or interest shall not be construedas a waiver of the right of Lessor to terminate this lease at its option as authorizedherein. RULES AND REGULATIONS2.4 The rules and regulations provided in those certain ordinances of the CityCouncil of the City of San Angelo, (“Council”), adopted in 1959, and now known as theLake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendmentsadopted heretofore or hereafter are expressly incorporated herein by reference as termsand conditions of this lease. This lease is expressly made subject to any ordinancesadopted in the future by the Council for the regulation of Lake Nasworthy andsurrounding property, including but not limited to regulations relating to, rents safety,sanitation, and ecological requirements. Any breach of said rules and regulations may,at the option of the Lessor result in forfeiture of this lease. This lease will not becomeeffective or binding upon the Lessor until first approved by the City Council for the Cityof San Angelo, Texas. III. USE OF LEASED PREMISES3.1 The premises shall be used only for the uses permitted by the City of San AngeloCode of Ordinances for this particular tract of land and uses incidental thereto, and inthis connection the following shall be applicable: a. The premises shall be used only for recreational use and uses incidental thereto. No living quarters, buildings or other structures shall be constructed or placed on the leased premises. No storage of personal property of any kind shall be permitted including that no equipment, machinery, vehicles, appliances, temporary electrical wiring, materials, or supplies shall be placed or stored on the leased premises. b. No outside toilets or restroom facilities shall be constructed or maintained on leased premises. 2
  • 67. c. No improvements or construction work of any kind shall be built or performed on leased premises without prior written approval of the Water Utilities Department, and from the Zoning Board of Adjustment, Planning Commission and City Council as applicable. d. Lessee may request from the City Council a variance or deviation from any term of condition contained herein which may be accomplished by an authorized written amendment to this Lease Agreement. e. The Lessor, prior to granting any extension of this Lease Agreement, shall have the right to physically inspect the leased premises and any improvements thereon and submit in writing to the Lessee any requirements as a condition to extension of the lease, as determined in the discretion of Lessor, which conditions shall attach to and become a part of the extended Lease Agreement. Failure of the Lessee to abide by and comply with said requirements shall be grounds for Lessor to terminate this Lease Agreement or any extension thereof. IV. CONDITION OF PREMISES NO WARRANTY4.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THECONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON,INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE.LESSEE IS FAMILIAR WITH THE LEASED PREMISES, HAS INSPECTED THESAME, AND ACCEPTS THE SAME FOR THE LIMITED USES PERMITTED UNDERTHIS LEASE AGREEMENT. MAINTENANCE4.2 Lessee agrees to continuously keep and maintain the leased premises in a goodand well maintained condition, to maintain its appearance, and to landscape and keepsaid premises cleared of all objectionable matter, including trash, brush, and vegetationtrimmings. Leased premises shall not be used for the outside storage of personalproperty. In the event Lessee shall fail to maintain leased premises as required underthe terms of this Lease Agreement and applicable regulations, in a reasonable manneracceptable to Lessor, Lessor shall give written notice to Lessee describing the defaultand may at Lessor’s option cause leased premises to be maintained, cleaned, cleared,and mowed as required. Lessee expressly authorizes Lessor and Lessor’s employeesand agents to enter upon the Leased Premises without additional notice to Lessee forpurposes of bringing maintenance of the leased premises into compliance; and agreesthat Lessee shall be responsible for the reasonable cost of any such maintenanceclearing, cleaning, and mowing. Such costs shall be deemed to be additional rent dueand payable within thirty days of written notification of the amount due. Any balance for 3
  • 68. said costs past due shall bear interest at the lesser of the rate of ten percent (10%) perannum or the maximum rate permitted by law.4.3 Lessee shall install at Lessee’s expense a fence around the perimeter of LeasedPremises. The fence shall comply with all provisions of the City of San Angelo Code ofOrdinances (“Code”), as such now exists or may hereafter be amended including, butnot limited to, those provisions regarding building permits and permit fees. DAMAGE OR DESTRUCTION4.4 The parties hereto acknowledge that the leased premises are within an areasubject to overflow and flooding and it is expressly agreed between the parties thatneither Lessor nor any of its agents or employees shall be liable to Lessee for anydamages caused in any manner, negligent or otherwise, by high water or floods at LakeNasworthy, nor by the rivers or creeks which serve as its sources of supply or diversionchannels, nor by reason of any work deemed necessary in Lessor’s sole judgment inthe maintenance of said Lake and sources of supply or diversion channels and alldamages occasioned thereby are hereby waived by Lessee, and when Lessor (or anyagent thereof) deems it necessary to enter onto the leased premises for any of theabove purposes, as deemed necessary in Lessor’s judgment, Lessor shall be permittedto do so.4.5 Lessee expressly releases Lessor, its officers, agents, and employees from anyand all claims and damages of any kind by reason of the condition of the premiseshereby leased, or any improvements thereon or any damages incurred in the enjoymentor exercise of the privileges granted hereunder, or for damage to its person or propertycaused by the opening of the gates at Nasworthy Dam, the lowering of the normal waterelevation in the lake, or due to flood or high water, or any fluctuating water levels whichmay arise in the use and operation of Lake Nasworthy, or in the joint use and operationof Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposesof recreation, irrigation, and water supply, or for any other purpose. V. INDEMNIFICATION AND INSURANCE5.1 Lessee further agrees to indemnify and hold Lessor, its officers, agents, andemployees, free and harmless from any and all claims, suits, judgments, costs andexpenses asserted by any person or persons, including agents or employees of Lesseeor Lessor, by reason of death or injury to persons, or loss or damage to property,resulting from Lessee’s possession, use or occupancy of the leased pdremiseshereunder, or sustained in or upon the leased premises, or as a result of anythingclaimed to be done or admitted to be done by Lessee hereunder. Lessee shall obtainand maintain continuously in effect at all times during the term hereof, at Lessee’s soleexpense, minimum comprehensive general liability insurance in the amount of at least$100,000.00 aggregate and $100,000.00 combined single limit liability per occurrencefor bodily injury and property damage. This insurance shall be an occurrence-typepolicy written in comprehensive form and shall protect Lessor against liability which may 4
  • 69. accrue against Lessor by reason of Lessee’s wrongful conduct incident to the use of theleased premises, resulting from any accident or event occurring on or about the leasedpremises. Lessee shall also obtain and maintain continuously in effect at all timesduring the term hereof, casualty insurance upon the leased premises and improvementsthereon in such amounts as to insure the repair or replacement thereof in the event ofcasualty. Lessee covenants that such proceeds will be invested in the repair and/orreplacement of said premises and/or improvements which may be damaged ordestroyed. All insurance policies required herein shall be drawn in the name of Lessee,with Lessor, its councilmembers, partners, officials, directors, agents and employeesnamed as additional insureds.5.2 Lessee shall furnish Lessor with certificates of insurance as evidence that all ofthe policies required herein are in full force and effect and provide the requiredcoverages and limits of insurance. The certificates shall provide that any companyissuing an insurance policy shall provide not less than 30-days advance notice in writingof cancellation, non-renewal or material change in the policy of insurance. In addition,Lessee shall immediately provide written notice to Lessor upon receipt of notice ofcancellation of an insurance policy, or of a decision to terminate to alter any insurancepolicy. All certificates of insurance shall clearly state that all applicable requirementshave been satisfied including certification that the policies are of the “occurrence” type.Certificates of insurance for Lessor shall be mailed in accordance with the noticeprovisions of this Lease Agreement.5.3 Lessee shall require its insurance carrier, with respect to all insurance policies, towaive all rights of subrogation against the City of San Angelo, its councilmembers,partners, officials, directors, officers, agents and employees.5.4 The procuring of such policy of insurance shall not be construed to be a limitationupon Lessee’s liability or as a full performance on its part of the indemnificationprovisions of this Lease. Lessee’s obligations are, notwithstanding said policy ofinsurance, for the full and total amount of any damage, injury or loss caused by orattributable to its activities conducted on the leased premises. VI. LIMITATIONS AND CONDITIONS AVAILABILITY AND USE OF LAKE WATER6.1 Lessor in no way guarantees or warrants the accessibility of water to the leasedpremises nor the level of water in Lake Nasworthy.6.2 Lessee can use water from the lake, river, and/or wells on the premises fordomestic purposes and watering of existing trees and shrubs; but no water is to go off ofor be removed from the premises. Use of water for irrigation is expressly prohibited.Lessee shall use water in a conservative manner, and any abusive use of water shall begrounds for denying the use of water to the Lessee. Lessee shall pay the applicable 5
  • 70. water use charge as set by the City, for treated water or raw water usage, as the casemay be. RESERVATIONS AND EASEMENTS6.3 Lessor, its agents or assigns, reserves the privilege and right at any time toexecute and deliver valid oil, gas and other mineral leases upon the leased premisesand valid right-of-way easements for gas, oil, water, or wastewater pipelines, telephone,telegraph or electric pole transmission lines on said premises, or any part thereof, andin such event this lease shall be subject and subordinate to the rights, terms andprivileges of any such oil, gas and other mineral leases or such easements as may havebeen executed heretofore or hereafter by Lessor, its agents or assigns.6.4 A blanket easement upon, across and under the leased premises is herebyretained by Lessor for the purpose of laying sewer and water lines and/or for necessaryrights-of-way for roads, alleys or other throughways. SUSPENSION OF PRIVILEGES FOR HEALTH MATTERS/PUBLIC PURPOSES6.5 It is expressly understood and agreed that Lessor may at any time, withoutwritten notice to Lessee, suspend or revoke any and all privileges granted herein forsuch length of time as in Lessor’s sole judgment is necessary for the purpose ofsuppressing or arresting an epidemic of any contagious or infectious disease, or when,in Lessor’s sole judgment, any suspension of privileges is necessary to protect thehealth or safety of any persons.6.6 If Lessor shall deem that leased premises are required for any public purpose,Lessor shall have the right to terminate this lease by giving ninety (90) days writtennotice to Lessee of such termination; and Lessee agrees to promptly deliver possessionof leased premises to Lessor; and this lease shall terminate upon the expiration ofninety (90) days after the date of such notice. NO ENCUMBRANCES6.7 Lessee shall not have the right to encumber the leased premises. This provisionshall not prohibit Lessee from encumbering his personal property or improvementsmade by him which may be removed from the realty without injury to the realty;provided, however, that no mortgage nor anyone who claims by, through or under suchmortgage or deed of trust shall, by virtue of such mortgage or deed trust, acquire anygreater or more extended rights than Lessee has under this lease but such mortgage ordeed of trust shall be in every respect subject, subservient and subordinate to all of theconditions, provisions, requirements, covenants and obligations of this LeaseAgreement. The mortgagee under any such deed of trust or mortgage shall have theright to assume this lease and perform its terms and conditions to protect itself. 6
  • 71. TRANSFER, ASSIGNMENT AND SUBLETTING6.8 Lessee may not transfer or assign this Lease Agreement, or sublet the leasedpremises, in whole or in part, without the prior written consent of the Lessor. Any suchtransfer, assignment, or subletting for which such written consent has been given asrequired shall be evidenced in writing, properly executed and acknowledged by bothparties thereto, an original executed copy of which shall be delivered to Lessor, and anoriginal executed copy shall be recorded in the office of the County Clerk for Tom GreenCounty, Texas. VII. OBLIGATIONS RELATED TO LEASED PREMISES UTILITIES7.1 Any utility charges relating to the leased premises shall be paid in full by Lesseewhen due. Failure to timely pay such charges shall, at the option of Lessor, be deemeda default of this Lease Agreement and result in its termination. TAXES7.2 It is further understood and agreed that Lessee shall pay and discharge all taxes,general and special assessments, and other charges of every description which duringthe term of this lease may be levied on or assessed against the leased premises and allinterest therein and all improvements and other property thereon, whether belonging toLessor or Lessee, or to which either of them may become liable. Lessee shall pay allsuch taxes, charges, and assessments to the public officer charged with the collectionthereof not less than fifteen (15) days before the same shall become delinquent, andLessee agrees to indemnify and save harmless Lessor from all such taxes, charges andassessments. Failure to pay such taxes and assessments as required herein shall, atthe option of Lessor, be deemed a default of this Lease Agreement and result in itstermination.7.3 Lessee shall pay or cause to be paid all incidental charges; such as permit fees,incurred in connection with its use of the leased premises. VIII. TERMINATION OF LEASE ABANDONMENT/DEFAULT8.1 In the event Lessee shall (1) abandon the premises or (2) default in performanceof any of the covenants and conditions required herein to be kept and performed byLessee, Lessor shall have the right to give Lessee thirty (30) days written notice of itsintention to terminate the lease, and Lessee will have such thirty (30) days within whichto cure such default and thereby avoid termination. Notice shall be sufficient if deliveredto Lessee at the address specified in this lease or at such other address as Lessee mayin writing designate to Lessor. 7
  • 72. POSSESSION8.2 Lessee agrees at the termination of this lease to deliver possession peacefully tothe Lessor or its agents or employees; and if it fails to give peaceful possession, agreesthat Lessor may take forceful possession of said premises and eject all partiestherefrom without being guilty of trespass; and all damages occasioned thereby arehereby waived by Lessee. REMOVAL OF IMPROVEMENTS8.3 All buildings and other improvements placed on the property by Lessee (excepttrees, shrubs, flowers and plants) which may be removed without injury to the realtyshall remain the property of Lessee. It is understood and agreed, however, thatbuildings and improvements or other personal property shall be held by the Lessor untilall rentals and other costs or charges due Lessor by Lessee under the terms hereofshall have been paid in full, and should any amount remain unpaid for more than thirty(30) days after termination of this Lease Agreement, the Lessor shall have the right tosell such buildings and improvements or other personal property and apply theproceeds to the amount due Lessor, including interest accruing thereon at the lower ofthe l rate of ten percent (10%) per year or the maximum interest rate permitted by law,from and after the due date of such obligation, and to any costs incidental to the sale ofsuch property. Any balance remaining in the proceeds from such sale after applicationof the proceeds as heretofore provided shall be payable to Lessee. All propertyremaining on the premises after the expiration of ninety (90) days following thetermination of this lease, however terminated, shall be deemed abandoned by Lesseeand shall become the property of Lessor subject to use or disposal as Lessor shalldeem fit. OTHER REMEDIES8.4 Termination of this lease as provided herein shall not relieve Lessee from theobligation of payment of any sum or sums that are then due and payable to Lessor, orfrom liability for damages accrued; and any such termination shall not preclude Lessorfrom enforcing the payment of any such sum or sums or claim for damages by anyremedy at law. All rights, options, and remedies of Lessor contained in this LeaseAgreement shall be construed and held to be cumulative, and no one of them shall beexclusive of the other, and Lessor shall have the right to pursue any one or all of suchremedies or any other remedy or relief which may be provided by law, whether or notstated in this Lease Agreement. No waiver by Lessor of a breach of any of thecovenants, conditions, or restrictions of this Lease Agreement shall be construed orheld to be a waiver of any succeeding or preceding breach of the same or any othercovenant, condition, or restriction contained herein. PUBLIC PURPOSES 8
  • 73. 8.5 If Lessor shall deem that leased premises are required for any public purpose orthat condemnation by another legal entity is necessary, Lessor shall have the right toterminate this lease by giving ninety (90) days written notice of such termination toLessee; and Lessee agrees to promptly deliver possession of leased premises toLessor; and this lease shall terminate upon the expiration of ninety (90) days after thedate of such notice and Lessee shall not be entitled to any compensation therefore. IX. MISCELLANEOUS RELATIONSHIP OF LESSOR AND LESSEE9.1 The relationship between Lessor and Lessee at all times shall remain solely thatof landlord and tenant and shall not be deemed a partnership or joint venture. HEADINGS9.2 The paragraph headings contained herein are for convenience and referenceand are not intended to define, extend or limit the scope of any provisions of this LeaseAgreement. HOLD OVER9.3 It is distinctly understood and agreed by and between the Lessor and Lessee thatany holding over by Lessee of the herein leased premises after the expiration of thisLease Agreement shall operate and be construed only as a tenancy from month tomonth, terminable at the will of the Lessor. ENTIRE AGREEMENT/AMENDMENTS9.4 This lease constitutes the entire agreement between the parties, and Lessor isnot bound by any agreement, condition or stipulation, understanding or representationmade by any of Lessor’s employees or agents not contained herein. No amendment tothis Lease Agreement shall be effective unless such is in writing and signed by bothparties whose representatives have proper authority. TERMS OF THE ESSENCE9.5 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIESHERETO THAT EACH AND EVERY TERM, STIPULATION, AND RESTRICTIONCONTAINED HEREIN IS OF THE ESSENCE TO THIS LEASE AGREEMENT, THEVIOLATION OF WHICH SHALL ENTITLE THE LESSOR, AT ITS OPTION, TOTERMINATE THIS LEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIMESHALL NEVER BE CONSTRUED AS A WAIVER OF ANY CONDITION OF THISLEASE. TEXAS LAW TO APPLY 9
  • 74. 9.6 The parties hereby agree that Texas law will control the interpretation ofenforcement of this lease. This lease has been executed in Texas, and all obligationshereunder are performable in Tom Green County, Texas, wherein venue shall lie for theresolution of any dispute between the parties relating to this agreement. INVALID OR ILLEGAL PROVISIONS9.7 If any term or provision of this Lease Agreement or the application thereof toany person or circumstance shall, to any extent, be judged by a court of competentjurisdiction invalid or unenforceable, the remaining terms and provisions of this LeaseAgreement, or the application of such terms or provisions, to persons or circumstancesother than those as to which is held invalid or unenforceable, shall not be affectedthereby, and each term and provision of this Lease Agreement shall be valid and beenforceable to the fullest extent permitted by law. SUPERSEDES PRIOR AGREEMENTS9.8 All prior agreements between the parties hereto relating to the leased premisesare superseded by this Lease Agreement. REIMBURSEMENT OF LESSOR’S EXPENSES9.9 Lessee shall pay on demand all of Lessor’s expenses, including but not limitedto, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligationsunder this Lease Agreement, which include, but are not limited to, collection of annualrental fees and collection of utility payments, taxes and other obligations. NOTICES9.10 All notices concerning this lease shall be in writing and delivered to the parties atthe addresses below.LESSEE: LESSOR:Jorge R. and Amy C. Ellis City of San Angelo2628 Vista Del Arroyo Attn: Water Utilities DirectorSan Angelo, Texas 76904 72 W. College San Angelo, Texas 76903 ENTIRE AGREEMENT 10
  • 75. 9.11 This Special Recreational Lease Agreement constitutes the entire agreementbetween the parties hereto, and Lessor is not bound by any agreement, stipulation, orrepresentation made by any agent, employee, or official of Lessor.EXECUTED in duplicate originals on the _____day of ___________________2013 by: LESSEE(S): JORGE R. and AMY C. ELLIS Jorge R. Ellis Amy C. Ellis LESSOR: CITY OF SAN ANGELOATTEST: BY: Daniel Valenzuela, City ManagerAlicia Ramirez, City ClerkSTATE OF TEXAS §COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of________________, 2013 by Jorge R. Ellis and Amy C. Ellis. Notary Public, State of TexasSTATE OF TEXAS §COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____ day of________________, 2013, by Daniel Valenzuela, as City Manager of the City of SanAngelo, a Texas home rule municipal corporation, on behalf of said corporation. Notary Public, State of TexasSPECIAL RECREATIONAL LEASE AGREEMENT 11
  • 76. Approved as to Content: Approved as to Form:Ricky Dickson, Interim Water Lysia H. Bowling, City AttorneyUtilities DirectorApproved as to Insurance:John Seaton, Risk Management 12
  • 77. City of San AngeloMemo Date: March 19, 2013 To: Mayor and Councilmembers From: Lisa Marley, Director of Human Resources and Risk Management Subject: Agenda Item for April 2, 2013 Council Meeting Caption: Consent Item Consideration of authorizing the City Manager to execute the amendment to the Delta Dental Agreement allowing the City of San Angelo to offer retirees and their dependents dental insurance coverage effective January 1, 2013 at no cost to the City. _________________________________________________________________________________ Summary: Delta Dental has provided an amendment to the agreement allowing the City to offer dental coverage to retirees and their dependents at no cost to the City. This agreement needs to be executed effective January 1, 2013. History: During the self-insurance fund update to Council on September 18, 2012, the Council requested that staff look into whether or not pre-65 and post-65 retirees (and their dependents) could be offered dental insurance coverage, and to identify the impact adding the retirees to dental might have on the cost of coverage for the active employees. On November 6, 2012, the requested item was presented and discussed. Council approved offering dental coverage through Delta Dental to retirees and their dependents at no cost to the City effective January 1, 2013. Human Resources has now been advised by the City Clerk that the language in the November 6, 2012 agenda item did not include approval to execute the amendment to the Delta Dental agreement. Financial Impact: No financial impact to the City. Attachments: Resolution for Amendment to Delta Dental Agreement Presented & Reviewed by: Lisa Marley, Director of Human Resources and Risk Management, March 19, 2013.
  • 78. A RESOLUTION OF THE CITY OF SAN ANGELO, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE CONTRACT BETWEEN THE CITY AND DELTA DENTAL INSURANCE COMPANY, WHICH CONTRACT WAS EFFECTIVE JANUARY 1, 2012, TO PROVIDE THAT RETIRED EMPLOYEES OF THE CITY OF SAN ANGELO AND THEIR DEPENDENTS BECOME ELIGIBLE FOR DENTAL INSURANCE COVERAGE EFFECTIVE JANUARY 1, 2013, FOR STATED MONTHLY PREMIUMS PAYABLE BY THE INSURED RETIRED EMPLOYEE, PROVIDED THEY MEET EMPLOYER ELIGIBILITY REQUIREMENTSWHEREAS, on September 18, 2012, staff provided Council with a self-insurance fund update, after which Council requested that staff explore whether or not retired City employees and their dependents could be offered dental insurance coverage through Delta Dental Insurance Company, the current provider for dental insurance coverage to City employees; and,WHEREAS, on November 6, 2012, staff presented several options for amendment of the contract with Delta Dental Insurance Company to provide dental insurance coverage to retired employees of the City and the City Council moved that the City offer dental insurance coverage to retirees and their dependents at not cost to the City; and,WHEREAS, Amendment No. 2 to the contract with Delta Dental Insurance Company will provide for dental insurance coverage to retired employees of the City and their dependents who meet eligibility requirement at not cost to the City;NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANANGELO, TEXAS THAT:The City Manager is hereby authorized to execute Amendment No. 2 to the contract by andbetween the City of San Angelo and Delta Dental Insurance Company, which contract waseffective January 1, 2012, to provide that retired employees of the City of San Angelo and theirdependents become eligible for dental insurance coverage effective January 1, 2013, for statedmonthly premiums payable by the insured retired employee, provided they meet employereligibility requirements.This resolution shall become effective from and after its passage.APPROVED AND ADOPTED ON THE DAY OF , 2013. THE CITY OF SAN ANGELO, TEXAS ________________________________ Alvin New, Mayor
  • 79. ATTEST:________________________________Alicia Ramirez, City ClerkApproved As To Content: Approved As To Form:________________________________ ________________________________Lisa Marley Lysia H. BowlingHuman Resources Director City Attorney
  • 80. City of San AngeloMemo Meeting Date: April 2, 2012 To: City Council members From: Jeff Hintz, Interim Senior Planner Subject: Easement Release, a request for approval of a release of easement passing through the following property: Location: Wade & Turner Addition, First Replat in Block One, bounded by Martin Luther King Drive, to the east, west 15th Street to the north, west 14th street to the south and North Bryant Boulevard to the west, in northwest San Angelo. Contacts: Louis Blanek, property owner 325-895-1070 Jeff Hintz, Interim Senior Planner 325-657-4210 Caption: CONSIDERATION OF A REQUEST TO RELEASE A UTILITY EASEMENT IN THE WADE & TURNER ADDITION, FIRST REPLAT IN BLOCK ONE, RUNNING PARALLEL TO WEST 14TH AND 15TH STREETS BETWEEN MARTIN LUTHER KING DRIVE AND NORTH BRYANT BOULEVARD, IN NORTHWEST SAN ANGELO Summary: The City Council may:  approve the proposed easement release as presented; or  approve the proposed easement release, subject to conditions believed to be necessary; or  deny the proposed easement release; Recommendation: City staff recommends approving the easement release, subject to one condition below. Planning Commission recommended approval of this request 6-0 on consent agenda on March 18, 2013.
  • 81. History and Background:The applicant has relocated several private utilities out of this easement and is hopingto construct a building across where the easement now runs. Before and constructioncan take place to build across this easement, it must first be officially released.General Information Existing Zoning: General Commercial/Heavy Commercial (CG/CH) Existing Land Use: Vacant property Surrounding Zoning/Land Use: North: CG/CH Auto dealer and houses West: CG/CH Retail establishments South: CH, CG/CH Houses and retail establishments East: CG/CH Vacant property and homes Storm Water/Drainage: There will be no drainage issues if this easement is released. Water/Sewer Utilities: A replat must occur if the easement is released Fire Protection: There will be no fire protection issues if this easement is released. Access Management: There will be no access issues if this easement is released. Private Utilities: There will be no issues for any private utilities if this easement is released.Conditions 1. A replat of the property must occur if the easement is released.Attachments: excerpt from zoning map, showing the general location within the City of San Angelo; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; excerpt from plat, highlighting easement to be released; and draft resolution, releasing the easement.Presentation: Jeff Hintz, Interim Senior Planner
  • 82. RESOLUTION A RESOLUTION AUTHORIZING RELEASE OF A 25 FOOT BY 500 FOOT UTILITY EASEMENT LOCATED WITHIN THE BOUNDS OF WADE AND TURNER ADDITION, FIRST REPLAT OF BLOCK ONE IN NORTHWEST SAN ANGELO, AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A LEGAL INSTRUMENT FORMALLY RELEASING AND DISCHARGING SUCH EASEMENTRE: CONSIDERATION OF A REQUEST TO RELEASE A UTILITY EASEMENT IN THE WADE & TURNER ADDITION, FIRST REPLAT OF BLOCK ONE, RUNNING PARALLEL TO WEST 14TH AND 15TH STREETS BETWEEN MARTIN LUTHER KING DRIVE AND NORTH BRYANT BOULEVARD, IN NORTHWEST SAN ANGELO WHEREAS, on July 18 of 2005, officials of the City of San Angelo, executed thededication of a 25-foot by 500-foot easement to the City of San Angelo, said easementextending across the Wade & Turner Addition, Block One, in the City of San Angelo, TomGreen County, Texas; and WHEREAS, utilities have been relocated outside of this easement; and WHEREAS, a utility easement to serve this property will be dedicated on a separateinstrument in the future; and WHEREAS, a request has been made by the City of San Angelo Planning Division,to release the easement identified above; and WHEREAS, the City Council for the City of San Angelo determines that theeasement existing within the bounds of said Block One in the First Replat of this Blockwithin the Wade & Turner Addition to San Angelo, is no longer needed for any identifiablepurpose and may reasonably be released and discharged;NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO,TEXAS; that the Mayor of the City of San Angelo is hereby authorized to execute anddeliver a formal instrument officially releasing and discharging said easement, as saideasement was originally dedicated to the City of San Angelo on July 18 of 2005, byinstrument found on Slide 77 in Cabinet G of Plat Records for Tom Green County,Texas. PASSED, APPROVED AND ADOPTED on this the 2nd day of April, 2013.
  • 83. THE CITY OF SAN ANGELO, TEXAS _____________________________ Alvin New, MayorATTEST:___________________________________Alicia Ramirez, City ClerkApproved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, Interim Director of Lysia H. Bowling, City AttorneyDevelopment Services
  • 84. City CouncilApril 2, 2013
  • 85. Easement ReleaseWade & Turner Addition, Block One, 1st Replat• Subject: Easement Release, a request for approval of a release of easement passing through the following property:• Location: Wade & Turner Addition, First Replat in Block One, bounded by Martin Luther King Drive, to the east, west 15th Street to the north, west 14th street to the south and North Bryant Boulevard to the west, in northwest San Angelo.
  • 86. Petition for Annexation• Consider a petition for possible annexation to the city limits of certain properties situated southwest of San Angelo• Area encompassing a 24.484 acre tract extending northwest from Mills Pass Drive, and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the proposed Prestonwood Addition, Section Two in the southwest part of the city
  • 87. Intent & Background• No property is being annexed today or committed to be annexed today • Approval would direct staff to begin looking into the possibility of annexing the property• Property is situated directly west of property annexed on March 5, 2013 to City Limits
  • 88. Proposed Timetable• First public hearing – May 7, 2013• Second Public hearing – May 21, 2013• Furst reading and introduction of an ordinance annexing the property – June 4, 2013• Second and final reading of an ordinance annexing the property – June 18, 2013
  • 89. Zone ChangeZ13-08: Cho Walker • A request for approval of a zone change from Single- Family Residential (RS-1) to Two-Family Residential (RS- 2) to specifically allow for “Household Living” as allowed in RS-2 zoning districts on the following property:• 1205 South Jackson Street; located approximately 75 feet southwest from the intersection at South Jackson Street and West Avenue H. This property specifically occupies the South Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo.Twenty (20) notifications were sent, 3 returned, in opposition.
  • 90. Overview map
  • 91. Map
  • 92. Aerial photo
  • 93. Aerial photo
  • 94. Aerial photo
  • 95. Subject Property lookingwest from South Jackson Street
  • 96. Alleyway west of subject property including accessory structure
  • 97. Recommendation• Planning staff recommends approving the proposed zone change.• Planning Commission recommended approval of this request by a vote of 6-0 on March 18, 2013.
  • 98. Analysis – Basis for Recommendation• Subject property located over 2 lots (approx 1/3 acre). Proposal is to convert existing accessory structure (approx 20sqft x40 sqft) into accessory apartment.• Near Santa Rita Park, Santa Rita Elementary & approx ¼ mile in either direction between S. Beauregard and W. Ave N.• Many single-family properties contain accessory apartments; two RS-2 zones in the area, project in keeping with neighborhood character.
  • 99. Analysis – Basis for Recommendation• Proposed zone change slight in terms of use; no new building, plenty of parking with circular driveway and would generate minimal traffic.
  • 100. Zone Change• Z13-09; Jack Gabriel, aka PD 07-03 (2013 Amendment);• an amendment to a Planned Development District (PD07-03) to specifically add an allowance for the operation of a gymnastics academy, which is defined in Section 315.G.c.3 of the Zoning Ordinance as a “Retail Sales and Service that is Entertainment Oriented” on the following property:
  • 101. Zone Change• 2909 South A&M Avenue, located at the southwest corner of South Oxford Drive and South A&M Avenue. This property specifically occupies approximately 7.938 acres out of the J McNeese Survey 0176 Abstract 1641 in southwest San Angelo.• Twenty-One (21) notifications were sent, 1 returned in favor of this request.
  • 102. Aerial Map
  • 103. Looking south on A&M Ave.Photographs of Subject Property
  • 104. Subject property lookingPhotographs of Subject Property west
  • 105. Subject property lookingPhotographs of Subject Property southwest
  • 106. Looking southwest at subject property fromOxford Ave. towards Red Arroyo.
  • 107. Staff Recommendation• Planning staff recommends approving the proposed Zone Change request with conditions.
  • 108. Analysis – Basis for Recommendation• This proposed use provides education and entertainment elements that are complimentary to the area, given previous use.• Comprehensive Plan seeks to promote public arts and cultural opportunities for youth.• Possibly, area residents will use this facility.• Comprehensive Plan also seeks to “create new physical connection to neighborhoods lined with transitional and intermediate uses.”• A variety of such uses are near to subject property.
  • 109. Analysis – Basis for Recommendation• Adding the proposed use lends itself to the idea of connectivity where activities provide opportunities to gather together socially which can strengthen community ties.• Proposed use provides opportunities for recreation through pedestrian and bicycle experiences .• If PD amendment accepted, proposed use can run concurrently to original use of assisted group living facility, so compatible with original PD plan.
  • 110. Analysis – Basis for Recommendation• Creation of any PD beings most consistent and predictable development within the community.• This solidifies the purpose and intent of the Zoning Ordinance and Comprehensive Plan and goals for this area.• Staff therefore finds the proposed use consistent with all criteria mandated of the request and recommends approval of the proposed use within the boundary of PD 07-03 with conditions for the proposed amendment.
  • 111. Zone ChangeZ 13-10: Mills Development INC• A request for approval of a zone change from Ranch & Estate (R&E) to Single-Family Residential (RS-1) to specifically allow for household living as defined in Section 313.B of the Zoning Ordinance on the following property:• An unaddressed tract occupying 8.895 acres of the Deaf & Dumb Asylum Survey Number Two, Abstract 8211. This property was annexed into the City Limits on March 5, 2013 and is directly west from Mills Pass Drive along a proposed extension of Autumwood Trail. This property specifically occupies a proposed subdivision titled, Prestonwood Addition, Section Two, Block 6, Lots 1-18 and Prestonwood Addition, Section Two, Block 7, Lots 1-16 in southwest San Angelo.Ten (10) notifications sent, one returned in favor & one in opposition
  • 112. Overview map
  • 113. Map
  • 114. Aerial photo
  • 115. Looking north at the subject property
  • 116. Looking southwest down Mills Pass Drive
  • 117. Looking southwest down Autumwood Trail
  • 118. OptionsIn considering this application, the Council may:• approve the zone change as presented; or• remand the application back to Planning Commission for further discussion, in which case another public hearing will need to be scheduled; or• deny the zone change.
  • 119. Staff Recommendation• City staff recommends approving the proposed zone change• On March 18, 2013 Planning Commission recommended approval of this request by a vote of 6-0
  • 120. History & BackgroundGeneral Information• Area is undeveloped, annexed on March 5, 2013• Zoned R&E by default, per Section 303.A of the zoning ordinance• Residences in the distance & open space readily present;• RS-1 & CG zoning in the area, apartments, single- family residences, undeveloped property and a school;
  • 121. Criteria for Approval• Compatible with Plans and Policies;• Consistent with Zoning Ordinance;• Compatible with Surrounding Area;• Changed Conditions;• Effect on Natural Environment;• Community Need; and• Development Patterns
  • 122. Analysis – Basis for Recommendation• Compatible with Area and Plans/Policies of the City • Area calling for neighborhood, RS-1 fits the Vision Plan designation • Will promote consistent predictable development• Little impact on natural environment • RS-1 slightly more intense than R&E• Fills a community need to develop housing • Near school • Promotes walkability
  • 123. Zone ChangePD 07-01 (2013 Amendment): Carrie & John Maier….• A request for approval of a zone change from Ranch & Estate (R&E) to Planned Development (PD) district to allow for a "Campground /Recreational Vehicle Park" as allowed in PD 07-01, approved in March of 2007, and to which the property described below is proposed to be added via an amendment:• 3512 Ben Ficklin Road, located approximately 200 feet east from the intersection of Ben Ficklin Road and South Bryant Boulevard. This property specifically occupies approximately 10.8 acres in the southwest portion of a 73.9 acre tract of the E Hermes Survey 0174 Abstract 0349 in south central San Angelo.Five notifications were sent, one was returned in favor
  • 124. Overview map
  • 125. Map
  • 126. Aerial photo
  • 127. Looking north along Ben Ficklin Road
  • 128. Looking east across the subject property
  • 129. OptionsIn considering this application, the Council may:• approve the zone change as presented; or• remand the application back to Planning Commission for further discussion, in which case another public hearing will need to be scheduled; or• deny the zone change.
  • 130. Staff Recommendation• City staff recommends approving the proposed amendment to PD 07-01, encompassing this additional property within its bounds• Planning Commission recommended approval of this on March 18, 2013 by a vote of 5-1.
  • 131. History & BackgroundGeneral Information• Area is generally undeveloped• Residences in the distance & open space readily present;• CG, CH and RS-1 zoning in the area;• 2-3 residences & undeveloped property; and• PD 07-01 approved in March of 2007.
  • 132. Criteria for Approval• Compatible with Plans and Policies;• Consistent with Zoning Ordinance;• Compatible with Surrounding Area;• Changed Conditions;• Effect on Natural Environment;• Community Need; and• Development Patterns
  • 133. Analysis – Basis for Recommendation• Compatible with Area and Plans/Policies of the City • Traffic capabilities of area • Highest and best use of the property • Proximity to natural features • Quiet and isolated• Temporary, vacationing and recreational use, fits with the Vision Plan and Zoning Ordinance definition• Little effect on the natural environment & development patterns
  • 134. Analysis – Basis for Recommendation• PD is already approved 800 feet east on same property • PD is most predictable and consistent development type within the City Limits • Same rules and regulations will be applied that have been in place since 2007 • Specific site plan that must be followed • Property is unique from any other request for this use
  • 135. City of San AngeloMemoDATE: March 25, 2013TO: Mayor and Council MembersFROM: Robert Salas, Director, Neighborhood ServicesSUBJECT: Agenda Item for April 2, 2013 Council MeetingCONTACT: Robert Salas 657-4274CAPTION: Consent Consideration of approving an agreement between the City and the Texas Department of Housing and Community Affairs (TDHCA) to use program income received through the Neighborhood Stabilization Program (NSP) to fund new home construction projects identified in the current NSP contract and authorizing the City Manager to execute related documents ------------------------------------------------------------------------------------------------------------------------------------------------Summary: Request approval of an agreement between the city and TDHCA to expend program incomereceived through the NSP program. This agreement will ensure there are sufficient funds to reimbursethe city for three (3) new homes built thru the NSP program.History: On Dec 1, 2009 Council accepted the NSP grant funds in the amount of $525K to purchase,rehabilitate, and resell foreclosed homes to low income citizens in Tom Green County and authorized theCity Manager to execute the contract. The NSP grant allowed the city to build 3 new homes for sale tolow income homebuyers with TDHCA set to carry the note. The original contract was for two years with atermination date of Aug 2011. However, HUD extended the program to Aug 2012 to allow states tocomplete projects. HUD then once again extended the program to Aug 1, 2013 for the same reasons.The state is running out of original NSP grant funds from HUD. This agreement allows the state to useNSP program income to fund projects not yet funded in case original NSP grant funds are no longeravailable to fund projects. We have completed construction of the 3 units and submitted all the requireddocuments, but TDHCA staff has not been able to get to our closing due to the large workload.Financial Impact: No change to the contract amount.Related Vision Item: Neighborhood Revitalization.Other Information/Recommendations: Staff requests approval of contract amendmentAttachments: Resolution and contractPresentation: NonePublication: NoneReviewed by Department Director: N/A
  • 136. A RESOLUTION BY THE CITY OF SAN ANGELO CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A NEIGHBORHOOD STABILIZATION PROGRAM (NSP) ONE PROGRAM INCOME RESERVATION SYSTEM PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR PURPOSES OF PROVIDING CONTINUED ADMINISTRATION OF THE AWARD OF NSP FUNDS UNDER CONTRACT NO. 7709999128, AND COMMITMENT OF FUNDS WHEREAS, on December 1, 2009, the City Council approved the acceptance ofNeighborhood Stabilization Program (NSP) grant funds for affordable housing projects andauthorized the execution of Contract No. 7709999128, with the Texas Department of Housing andCommunity Affairs (hereinafter the “Contract”); and, WHEREAS, the City has contracted for and completed the construction of three, newaffordable housing program houses located at 401 E. 11th Street; 405 E. 11th Street; and, 407 E. 11thStreet, San Angelo, to be financed through NSP grant funds pursuant to the Contract (hereinafter the“Qualified Project”); and, WHEREAS, the Neighborhood Stabilization Program One Program Income ReservationSystem Participation Agreement is required to commit available NSP Funds for reimbursement to theCity for funding of the Qualified Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SANANGELO, TEXAS THAT: The City Manager is hereby authorized to execute a Neighborhood Stabilization ProgramOne Program Income Reservation System Participation Agreement with the Texas Departmentof Housing and Community Affairs (Department) for purposes of committing grant funds underthe Neighborhood Stabilization Program Agreement with the Department, Contract No.7709999128, for Qualified Project costs reimbursement relating to the construction of threeaffordable housing program houses located at 401 E. 11th Street; 405 E. 11th Street; and, 407 E.11th Street, San Angelo, Texas. PASSED and APPROVED THIS DAY OF , 2013. CITY OF SAN ANGELO, TEXASATTEST: Alvin New, MayorAlicia Ramirez, City Clerk
  • 137. APPROVED AS TO CONTENT APPROVED AS TO FORMRobert Salas, Neighborhood Services Lysia H. Bowling, City AttorneyDirector
  • 138. City of San Angelo Finance DepartmentMemo Date: March 6, 2013 To: Mayor and Councilmembers From: Steve Mahaffey, Budget Analyst, Sr. Subject: Agenda Item for March 19, 2013 Council Meeting Contact: Steve Mahaffey, Budget Analyst, Sr. 481-2757 Caption: st nd Regular (1 reading) Consent (2 reading) First public hearing and introduction of an Ordinance amending the 2012-2013 Budget for new projects, incomplete projects, capital projects and grants. Summary: This proposed amendment contains the following items (additional information attached): City of San Angelo Operating Budget • RLSS Grant for Health Department • Texas Historical Commission Planning/Feasibility Study Grant • Downtown Streetscape Project • Chase State Office Building Maintenance History: See attached Budget Amendment Request memorandum. Financial Impact: $490,664 (see attached detail on Exhibit A of the Ordinance) Related Vision Item (if applicable): N/A Other Information/Recommendation: Staff recommends approval. Attachments: Ordinance including Exhibit A; Department request memos Presentation: N/A Publication: N/A Reviewed by Service Area Director: Michael Dane, ACM/CFO
  • 139. AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS.WHEREAS the City of San Angelo has determined that new projects not included in thecurrent budget should begin, andWHEREAS the City of San Angelo has determined that certain budgeted amounts shouldbe amended due to project changes and unforeseen circumstances, andWHEREAS the resources necessary for these changes are available;NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO, TEXAS THAT:The City’s budget for fiscal year 2012-2013 be amended by the amounts contained inExhibit A.INTRODUCED on the 19th day of March, 2013, and APPROVED and ADOPTED onthis the 2nd day of April, 2013. CITY OF SAN ANGELO, TEXAS __________________________________ Alvin New, MayorATTEST:__________________________________Alicia Ramirez, City ClerkApproved as to Content and Form:__________________________________Michael Dane, Assistant City Manager/CFO
  • 140. City of San AngeloProposed Budget AmendmentExhibit A Total Total Net Fund Revenue Expenditure Benefit/Number Fund Name Amendment Amendment (Cost)COSA Operating Budget 103 Intergovernmental Fund 47,380 47,380 0 General Debt Service 105 0 220,000 (220,000) Fund 106 South TIRZ Fund 0 93,284 (93,284) 201 State Office Building Fund 0 130,000 (130,000) Totals 47,380 490,664 (443,284)
  • 141. City of San AngeloProposed Budget AmendmentAdditional Information Net Benefit/Project/Need Source of Funding Revenue Expense (Cost) Department of StateRLSS Grant Funds Health Services RLSS 22,402 22,402 0 GrantTexas Historical Commission Texas Historical 24,978 24,978 0Planning/Feasibility Study Grant Commission Grant South TIRZ Fund-FundDowntown Streetscape Project 0 93,284 (93,284) Balance State Office BuildingChase State Office Building Maintenance 0 130,000 (130,000) Fund - Fund Balance General Debt Service 0 220,000 (220,000) Fund – Fund Balance Totals 47,380 490,664 (443,284)
  • 142. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS, CHAPTER 5 “BUSINESS AND COMMERCE”, ARTICLE 5.800 “HOTEL OCCUPANCY TAX”, SECTION 5.805 “PURPOSE AND DISTRIBUTION OF TAX”, BY REPEALING SAID SECTION IN ITS ENTIRETY AND ADOPTING A NEW SECTION 5.805 ENTITLED, “USE OF REVENUE”, TO REMOVE THE MANDATED ALLOCATION OF REVENUE FOR USES ON A FIXED PERCENTAGE BASIS AND TO PROVIDE FOR ALLOCATION OF REVENUE FOR USES PERMITTED BY LAW AS CITY COUNCIL MAY DETERMINE WILL PROVIDE THE BEST VALUE IN APPLICATION OF HOTEL OCCUPANCY TAX REVENUE TO THE CITIZENS OF SAN ANGELO BY RESOLUTION FROM TIME TO TIME. WHEREAS, the City of San Angelo levies and collects a hotel occupancy tax , therevenue of which is allocated on a fixed percentage basis for uses as mandated by the City ofSan Angelo Code of Ordinances, Chapter 5 “Business and Commerce”, Article 5.800 “HotelOccupancy Tax”, Section 5.805 “Purpose and Distribution of Tax”; and, WHEREAS, the City of San Angelo is experiencing a changing economy and relatedpositive hotel occupancy tax revenue collections and, WHEREAS, amending the Hotel Occupancy Tax Ordinance by removing the mandatedallocations of revenue for uses on a fixed percentage basis, and providing that the City Councilallocate revenue for uses pursuant to law as the City Council may determined from time to time,will provide the best value in application of hotel occupancy tax revenue to the citizens of Cityof San Angelo; NOW THEREFORE BE IT ORDAINED BY THE CITY OF SAN ANGELO:Section 1.) THAT, Chapter 5, “Business and Commerce”, Article 5.800 “Hotel Occupancy Tax” of the Code of Ordinances of the City of San Angelo, Section 5.805 “Purpose and Distribution of Tax”, is hereby repealed in its entirety and a new Section 5.805 entitled “Use of Revenue” is hereby adopted to read as follows: “Sec. 5.805 Use of Revenue (a) The revenue derived from this Hotel Occupancy Tax shall only be used to promote tourism and the convention and hotel industry as limited by the Texas Tax Code, Chapter 351 “Municipal Hotel Occupancy Taxes” as now enacted or hereafter amended, in accordance with resolution of the city council.. (b) The city council by contract may delegate to a person, including another governmental entity or a private organization, the management or supervision of
  • 143. programs and activities funded with revenue from the tax authorized by this article. The city council shall approve in writing in advance the annual budget of the person, governmental entity or private organization to which it delegates those functions and shall require the person, governmental entity or private organization to make periodic reports to the City Council at least quarterly listing the expenditures made by the person, governmental body or private organization with revenue from the tax provided by the city as authorized by law. The person, governmental entity or private organization must maintain revenue provided by the city from the tax in a separate account established for that purpose and may not commingle that revenue with any other money or maintain it in any other account. The approval by the city council of the annual budget of that person, governmental entity or private organization to whom it delegates those functions creates a fiduciary duty in that person, governmental entity or private organization with respect to the revenue provided by the city from the tax”. (e) This article shall become effective on the date of its adoption, and shall apply to taxes due and received from and after , 2013Section 2.) THAT, the terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this OrdinanceSection 3.) THAT, this Ordinance shall be effective on the date of its adoption. INTRODUCED on the day of , 2013, and finally PASSED,APPROVED and ADOPTED on this the day of , 2013. CITY OF SAN ANGELO, TEXASATTEST: BY: Alvin New, MayorBy: Alicia Ramirez, City ClerkApproved as to Content: Approved as to Form:Michael Dane Lysia H. BowlingAssistant City Manager / CFO City Attorney
  • 144. City of San AngeloMemo Date: March 7, 2013 To: Mayor and Councilmembers From: Michael Dane, Assistant City Manager/CFO Subject: Agenda Item for March 19, 2013, Council Meeting Contact: Morgan Trainer, 653-6291 Caption: Regular Agenda First Public Hearing and consideration of introducing an Ordinance amending the allocation method of Hotel Occupancy Tax and related matters AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS, CHAPTER 5 “BUSINESS AND COMMERCE”, ARTICLE 5.800 “HOTEL OCCUPANCY TAX”, SECTION 5.805 “PURPOSE AND DISTRIBUTION OF TAX”, BY REPEALING SAID SECTION IN ITS ENTIRETY AND ADOPTING A NEW SECTION 5.805 ENTITLED, “USE OF REVENUE”, TO REMOVE THE MANDATED ALLOCATION OF REVENUE FOR USES ON A FIXED PERCENTAGE BASIS AND TO PROVIDE FOR ALLOCATION OF REVENUE FOR USES PERMITTED BY LAW AS CITY COUNCIL MAY DETERMINE WILL PROVIDE THE BEST VALUE IN APPLICATION OF HOTEL OCCUPANCY TAX REVENUE TO THE CITIZENS OF SAN ANGELO BY RESOLUTION FROM TIME TO TIME; Summary: City staff is requesting the City Council consider adopting an Ordinance adopting changes to the use of hotel occupancy tax dollars. Due to San Angelo’s changing economy and positive hotel occupancy tax experience, it is prudent to change existing methodology to provide the best value to the citizens of San Angelo. Changes to the ordinance remove the requirement to allocate HOT funds on a percentage basis and allow the City Council allocate through an annual approval process. Staff will remind the Council of these percentages at the time allocations are decided and ensure Council allocates funding in accordance with State Law. History: The City of San Angelo levied the hotel occupancy tax for the operation of convention facilities, the promotion of tourism, and the improvement of the arts. Current contracts and ordinances allocate 48% of tax receipts to City of San Angelo Civic Events, 47% to the Convention & Visitors Bureau, and the remaining 5% to the San Angelo Cultural Affairs Council. The current tax rate is 7% for the City of San Angelo. The state levies an additional 6%. No change is proposed to the tax levy. On February 5, 2013 City Council discussed changing the Hotel Occupancy Tax allocation process. On March 5, 2013 staff presented a draft contract with the Chamber of Commerce Convention & Visitors Bureau to revise the way Hotel Occupancy Tax dollars are disbursed to include clear communication, performance
  • 145. benchmarks, demonstrate the value added, and allow the City Council to shape the entity’s activity.Financial Impact: Due to recent positive economic experience, Hotel Occupancy Tax receipts have increased. The proposed ordinance will allow City Council greater flexibility and will place greater accountability on recipients. As a result, any excess funds or surplus receipts will be made available for one-time or capital projects as allowed by Chapter 351 of the State Tax Code.Related Vision Item (if applicable): Financial VisionOther Information/Recommendation: Staff recommends introduction of the ordinance.Attachments: Article 5.800 of the Code of OrdinancesPresentation: N/APublication: N/AReviewed by Director: Michael Dane, Assistant City Manager/CFO March 8, 2013Approved by Legal: Pending
  • 146. 2012 3rd & 4th Quarter Report City of San Angelo
  • 147. Main Street City: San Angelo, Texas Info for the Year: 2012 Private Sector Reinvestment Project Manager Info Project Name Project Description Address Quarter 3Loft Apartments Remodeling 30 West BeauregardCharles Corfield Remodeling 59 N. Chadbouorne StreetDavid Barnett Restroom Remodeling 304 N. ChadbourneWestern Ironworks Building Remodeling 505 N. chadbourne StreetMcDonalds Remodeling 520 N. Bryant BlvdTexas S9UC Upgrades 311 North Bryant BlvdJose Medina Remodeling 312 W. Washington DriveClarion Inn ADA 441 Rio Concho DriveTownhouse Hotel Remodel 7 E. Concho Avenue EJohn E. Sutton Sale 122 S. IrvingTitan Investments Sale 334 W. Concho
  • 148. Private Sector Reinvestment Quarter 3
  • 149. David Barnett304 North Chadbourne Street Restroom Remodeling est oo e ode g $18,000
  • 150. Main Street City: San Angelo,  Info for: 4th Qtr, 2012TexasPrivate Sector ReinvestmentPrivate Sector Reinvestment Project Manager Project Manager InfoProject Name Project Description Project AddressSaSan Angelo Hotel & Conference  ge o ote & Co e e ce Remodel e ode 441 Rio Concho Drive o Co c o eCenterSan Angelo Hotel & Conference  Remodel 441 Rio Concho DriveCenterGuerra GabrielGuerra Gabriel Remodel 330 North Main Street 330 North Main StreetBeauregard Lofts LLC New Construction Residential 30 West Beauregard AvenueConcho Residential Service IncConcho Residential Service Inc New Carport New Carport 225 West Beauregard Avenue 225 West Beauregard AvenueFicklin Ben Properties LLC New Storage Addition 419 West Avenue C gSAAF Holdings LLC New Office 221 South Irving Street gTriangle Building CO New Tire Store 105 North KoenigheimCity of San Angelo Replace Glass Storefront with  401 East Beauregard StuccoKing Barbara & Wesley Family T Storage Container 217 West 6th Street
  • 151. Private Sector Reinvestment 4th QuarterProject Name Rehab‐ Rehab‐ New  New  Number  E N b Expenditures di Construction C i Construction‐ C i of  ‐ Number of  Expenditures Projects BuildingsSan Angelo Hotel & Conference 1 $59,584.00CenterSan Angelo Hotel & Conference 1 $10,000.00CenterGue a Gab eGuerra Gabriel 1 $ ,500 00 $2,500.00Beauregard Lofts LLC 1 1Concho Residential Services Inc 1 1 $1,170.00Ficklin Ben Properties LLC 1 $9,500.00 $SAAF Holdings LLC 1 $2, 068,670.00Triangle Building Co 1 $800,000.00City of San Angelo 1 $35,560.00King Barbara & Wesley Family T 1 $2,000.00
  • 152. San Angelo Hotel &  Conference Center441 Rio Concho Drive $59,584.00 Remodel R d l
  • 153. San Angelo Hotel & Conference Center 441 Rio Concho  Drive i $10,000.00 Remodel
  • 154. Guerra Gabriel330 North Main  Street $2,500.00 Remodel
  • 155. Beauregard Lofts LLC g30 West Beauregard New Construction,  Residential
  • 156. Concho Residential  Service Inc225 West Beauregard $1,170.00 New Carport
  • 157. Ficklin Ben  Properties LLC419 West Avenue C $9,500 $9 500 New Storage  Addition
  • 158. SAAF Holdings LLC SAAF Holdings LLC221 South Irving Street $2, 068,670.00 New Office
  • 159. Triangle Building CO105 North Koenigheim  Street $800,000.00 New Tire Store
  • 160. City of San Angelo 401 East Beauregard $35,560.00Replace Glass Storefront with StuccoReplace Glass Storefront with Stucco
  • 161. King Barbara & Wesley  g yFamily T217 W 6th Street$2,000.00Storage Container
  • 162. 3rd Quarter 2012 Other Data Required Other Data RequiredFor Reinvestment Summary
  • 163. 4th Quarter 2012 Other Data Required Other Data Required For Reinvestment Summary Q1 Q2 Q3 Q4Total Business Starts, Expansions, and  2 8 3 3RelocationsNet Gain in Business Starts,  2 6 2 2Expansions, and RelocationsNet Gain in Jobs 15 18 6 6Volunteer Hours LoggedVol nteer Ho rs Logged 1620 1800 1570 1850Number of Downtown Housing Units 0 0 0 0Number of Downtown Residents 0 0 0 0
  • 164. 2012 TEXAS MAIN STREETRE‐INVESTMENT SUMMARYRE INVESTMENT SUMMARY4th Quarter Reinvestment $3,006,984 Cumulative $66,892,626
  • 165. Respectfully Submitted
  • 166. City of San AngeloMemo Date: February 8, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Interim Water Utilities Director Subject: Agenda Item for April 2, 2013 Council Meeting Contact: Ricky Dickson; 657-4209 Caption: Regular Item Demonstration and possible consideration of Neptune N_Sight IQ software. This software will allow citizens to access their water consumption data collected from the city’s automatic meter reading system. Summary: The Neptune N_Sight IQ software integrates with the City’s automatic meter reading system to provide cloud-based data management, reporting and long-term data retention. This system allows utility customers to monitor their water usage, allows notification of leaks or unusually high consumption with pre-determined alarm conditions. With this information customers are better equipped to manage their water consumption. The software is a web-based thin-client application that provides time-synchronized meter readings and grouping technology to provide consumption data analysis through graphical interfaces. History: On June 1, 2010 the City entered into a contract with HD Supply Waterworks to provide materials and equipment necessary for the city to implement the Neptune fixed base automatic meter reading system. Since this time approximately 50% of the water meters have been converted to the AMR system. Scheduled completion of the AMR system is 2015. Financial Impact: No hardware required by City. Related Vision Item Water Conservation (if applicable): Other Information/ Staff recommends the implementation of software. Recommendation: Attachments: None Presentation: On-line demonstration of the software will be conducted by Charlie Trimble of Neptune Technology Group. Publication: None. Reviewed by Ricky Dickson, Interim Water Utilities Director; 657-4209 Director: Approved by Legal: na
  • 167. City of San AngeloMemo Meeting Date: April 2, 2013 To: City Council members From: Jeff Hintz, Interim Senior Planner Subject: PD 07-01( 2013 Amendment) Carrie & John Maier and Glenn & Peggy Rosser, A request for approval of a zone change from Ranch & Estate (R&E) to Planned Development (PD) district to allow for a "Campground /Recreational Vehicle Park" as allowed in PD 07-01, approved in March of 2007, and to which the property described below is proposed to be added via an amendment: Location: 3512 Ben Ficklin Road, located approximately 200 feet east from the intersection of Ben Ficklin Road and South Bryant Boulevard. This property specifically occupies approximately 10.8 acres in the southwest portion of a 73.9 acre tract of the E Hermes Survey 0174 Abstract 0349 in south central San Angelo. Purpose: Approving this zone change will allow an amendment to PD 07-01 including an additional 10.8 acres and a site plan to the Planned Development. Contacts: Carrie Maier, property owner 325-716-9236 Jeff Hintz, Interim Senior Planner 325-657-4210 Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo PD 07-01 (2013 Amendment): Carrie & John Maier and Glenn & Peggy Rosser AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 3512 Ben Ficklin Road, located approximately 200 feet east from the intersection
  • 168. of Ben Ficklin Road and South Bryant Boulevard. This property specifically occupies approximately 10.8 acres in the southwest portion of a 73.9 acre tract of the E Hermes Survey 0174 Abstract 0349 in south central San Angelo, as indicated in Exhibit B of this Ordinance, changing the zoning classification from Ranch & Estate (R&E) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYSummary: The City Council may:(1) Approve the proposed zone change as requested; or(2) Deny the requested zone change; or(3) Remand the application back to Planning Commission for further discussion, in which case another public hearing will need to be scheduled.Recommendation: Planning staff recommends approving the proposed zonechange.Planning Commission at its meeting on March 18, 2013 recommended approval of thisrequest by a vote of 5-1.History and Background:A Planned Development District has been approved (2007) to operate aCampground/RV park on other portions of this property as well as adjacent cityproperty leased by the applicant. This PD has been amended on two occasionsand allows for a "mobile home" to be placed on the property. This request is toadd a 10.8 acre area, with spots for 51 Recreational Vehicles into the samePlanned Development approved in 2007, with the same regulations that arealready in place, using the site plan attached to this report.General Information Existing Zoning: Ranch & Estate (R&E) Existing Land Use: Farmland and a homestead used by the applicant. Surrounding Zoning/Land Use: North: R&E Undeveloped land & Concho River West: RS-1 & Vacant land, drainage area, Red CG/CH Arroyo South: R&E & Residences & undeveloped open CG/CH spaces East: PD & R&E Fields and undeveloped open spaces
  • 169. Thoroughfares/Streets: South Chadbourne Street & South Bryant Boulevard are classified as "major arterial streets" and are designed to connect collector streets to freeways and other arterials carrying large volumes of traffic at high speeds. Access is secondary and mobility is the primary function of these streets. Ben Ficklin Road is defined as a "local street" in this area and is designed to, "carry light neighborhood traffic at lower speeds and generally connect to collector streets." Zoning History: PD 07-01 Allowed for a Campground/RV Park on a portion of the property, and city leased property. PD 07-01 was amended in 2008 and allowed a Mobile Home to be placed on the site until March of 2011 if the Campground/RV Park was NOT fully developed. PD 07-01 was amended again in March of 2011 and allowed the mobile home to remain on the property until March 22, 2016 if the Campground/RV Park was NOT fully developed. Vision Plan Map: Neighborhood & Commercial Comp Plan Excerpts: Within the open space section of the Comprehensive Plan, goal one is to, "provide a balanced system of parks, open space, and recreational facilities in terms of function and location." Goal three of this open space section of the Comprehensive Plan states that the community should, "make efficient and valuable use of regional drainage ways."Special Information Traffic Concerns: For practical purposes, the property nearly has direct access to two major arterial roadways within the community. A proposal such as this on a property of this size has the possibility to draw large amounts of travelers. These roadways are designed to accommodate large flows of traffic at a higher speed, but with limited access points. Parking Requirements: Vary depending upon the uses and if the applicant chooses to erect structures accessory to the
  • 170. campground or not. A Campground/RV Park has no off-street parking requirements without any buildings/structures present. Signage Regulations: Section 12.604 of the Sign Ordinance "A nonresidential use sign shall be no larger than one half (0.50) square foot of sign area for one (1.00) linear foot of lot frontage, not to exceed a maximum of sixty-four (64) square feet." "A nonresidential use sign shall be no taller than one (1) foot of height for each foot of setback from the property line, not to exceed eight (8) feet in height. Five (5) feet of height is allowed at the property line, provided a ten (10) foot minimum setback is maintained from the curb line." "No more than one nonresidential use sign (1) per street frontage is allowed." "A nonresidential use sign must be set back ten (10) feet from the curb line or street edge or zero feet from the property line whichever is greater. Additionally, one (1) foot of additional setback is required for each additional foot of height in excess of five (5) feet." Parking Provided: No paved off-street parking spaces are currently provided. Density: Predominately vacant land and low-density residential development is present in this area Notification Required: Yes Notifications Sent: 10 Responses in Favor: 0 Responses in Opposition: 0Analysis:In order to approve this zone change request, the City Council members are first requiredto consider the following criteria:1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.
  • 171. 2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance.3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.The staff recommendation is based upon the statements listed below.The property is zoned as R&E at this time, the least intensive of all zoning districtswithin the city limits. A campground will likely net the entrepreneurs some profit,however in terms of strictly land use, the campground is not a very intense use at alland is still residential in nature; this is intended for temporary living quarters, notpermanent living. Staff has found that this proposal will be consistent with intent of theVision Plan for the area and that the use will be consistent with the surrounding areaand Zoning Ordinance. Given the isolation and the large portion of the property that iswithin the floodplain, a campground is an effective land use that will be a compliment tothe area, as well as the highest and best use of the property. The isolation of thisparticular property and the fact that the floodplain covers a good deal of it leads staff tobelieve that temporary living quarters afforded to campgrounds and tourist cabins will bea good fit for the area. When floods or rainfall come to the area, Recreational Vehiclesare fairly easy to move in a short amount of time. While the majority of the land usecalled for on this particular property within the Comprehensive Plan is "Neighborhood"staff finds this request still meets the intent of the Comprehensive Plan. Thisamendment will carry the exact same rules approved in 2007 by the PlanningCommission and City Council and simply extend it to an area on the same property, amere 650 feet to the west.The perceived and actual openness of a campground has a limited effect on the naturalenvironment. The proximity to two major waterways this property sees is very uniqueand should not be taken lightly. The capacity of these waterways to handle storm waterrunoff is not a major issue due to the drainage characteristics of the property andproximity to the Red Arroyo and Concho River. It is believed that a campground will be
  • 172. a way to promote and protect the natural environment in this area through limitedpavement and impervious surfaces. In addition, staff finds that a campground/rv parkexpansion on this property, will be a way to promote the enjoyment of the naturalenvironment through vacationers and campers alike; this proximity and access tonatural resources are exactly the intent of a camping/recreation opportunity and whystaff finds this proposed expansion on this property in this area, appropriate both nowand in the future. staff finds that accessibility to natural resources also fills a communityneed for the community members as well as visitors to our community. Aside fromaccess roads and a few campground related structures, the overwhelming majority ofthe site will remain in a natural state.This property is highly unique within the community given the size and access to twowaterways; the opportunity for recreation and vacation uses in this area has alreadybeen approved through a PD in 2007 as mentioned previously, this particularamendment will allow for a phasing of the project. The opportunity to run a campgroundwithin the bounds of an already established PD does serve a community need,especially given the abundance of natural resources in the area. This additional areaencompassed by the Planned Development in this report, is intended to be a firstphase, while the existing PD area is intended to be developed later on as a phase two.Under this proposed zone change, 51 additional RV sites (site total of 101 if thisamendment is approved) would be included for vacation and camping opportunities andbe provided as the attached site plan indicates.This proposal is not expected to alter land use patterns in place for the area. Aspreviously mentioned this area is very low intensity and low density in nature. Allowingthe property to be used as a campground fits the present development for the area anddoes not compromise the ability for the area to grow either. South Chadbourne Streetand Ben Ficklin Road (in this general area anyway) are for all practical purposes, usedto access recreation and open space land uses. Several fields and other natural openareas are present in this area accompanying the already approved PD 07-01; thisextension onto an additional 10.8 acres is not expected to alter development in thearea. The low density and low intensity development on this property and on theneighboring properties should continue on unhindered by this proposal. The open spaceand neighborhood envisioned areas called for within the Vision Plan portion of theComprehensive Plan, should remain unaffected by this expansion as well. Theexpansion of this already approved campground and RV Park, are not anticipated tochange development patterns or limit the potential for the area grow in the samepredictable manner in the future due to the isolation of the property and proximity tonatural resources.The overall acreage owned and leased by the applicant is just under 100 acres,approximately 30 acres (if this amendment were to be approved) of property would bezoned as PD allowing a campground/rv park with tourist cabins and horse boarding (forcampers only). The maximum allowed RV units is 101 (60 on the already approved PDand 51 proposed to be added with this amendment) 101 RVs on 30 acres is about threeand 1/3rd (3.36) RVs per acre, an extremely low overall density. When looking at theentire site the applicant owns (comprising PD and Ranch & Estate zoning) nearly 100
  • 173. acres, this density comes out to be about one RV per acre, an extremely low overalldensity that staff finds preserves the openness of this general area.This overall low density, meets the intent of a campground and RV park as currentlydefined within the Zoning Ordinance. The openness that is preserved through theadherence to site plans with specific site locations and amounts of spaces is the mostcontrol the Zoning Ordinance affords to the community and members of the PlanningCommission. The applicant is required to do exactly what the approved PD 07-01Ordinance calls for, as well as follow the site plans which are a part of the ordinance.The PD will not allow this vast site to become a free-for-all parking lot of RVs with norestrictions; this strict control allows for the most consistent and predictability ofdevelopment within the community, a fact that solidifies the purpose and intent of theZoning Ordinance and Comprehensive Plan and the goals for this area. For all of thesereasons, staff finds this use consistent with all criteria mandated of the request andrecommends approval of this expanded area within the bounds of PD 07-01.Proposed ConditionsConditions are listed in Section Five of approved ordinance referring to PD 07-01 in theattached ordinance at the end of this report. The Ordinance accompanying this reportas a draft simply adds this site plan and area to the requirements from PD 07-01.Attachments: excerpt from zoning map, showing the general location within the City of San Angelo; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; excerpt from the Comprehensive Plan Vision Map highlighting the subject property; and draft Planning Commission minutes from March 18 meeting; citizen responses; applicants presentation; approved PD 07-01 ordinance from 2007; approved PD 07-01 site plan from 2007; and draft ordinance with site plan incorporating this new "phase one" area into PD 07-01.Presentation: Jeff Hintz, Interim Senior Planner
  • 174. D. PD 07-01 (2013 Amendment): Carrie & John Maier and Glenn & Peggy Rosser A request for approval of a zone change from Ranch & Estate (R&E) to Planned Development (PD) district to allow for a "Campground /Recreational Vehicle Park" as allowed in PD 07-01, approved in March of 2007, and to which the property described below is proposed to be added via an amendment: 3512 Ben Ficklin Road, located approximately 200 feet east from the intersection of Ben Ficklin Road and South Bryant Boulevard. This property specifically occupies approximately 10.8 acres in the southwest portion of a 73.9 acre tract of the E Hermes Survey 0174 Abstract 0349 in south central San Angelo.Jeff Hintz, Planner, came forward to present this request, consistent with the staffrecommendation of approval. Five notifications were sent out, with one returned infavor and zero in opposition. Two letters in favor and one in opposition - which areoutside of the notification area - were also sent in to city staff. Mr. Hintz familiarizedthe Commissioners with the property. The Vision Plan map for the area calls for amostly "Neighborhood" designation. The property is immediately adjacent to the PDdistrict already in place, and is intended to be a continuation of the PD, to beaccomplished with a formalized amendment. This amendment would allow for theaddition of property to this existing PD district, while utilizing the same regulationsthat are already in place within this PD ordinance. The request is compatible withthe area and there should be little effect on the natural environment. Mr. Hintzreviewed the comments that came from other internal and external parties in thereview of the proposal. RV park development is a better fit for an area of this natureand fits in with an "open space" designation. The intent of this RV park is consistentwith the Zoning Ordinance which is currently written. The PD is the most predictableand consistent development type within the City limits, and the same rules andregulations will apply which have been in place since 2007. The specific site planmust be followed, and this proposal is unique from any other request for this type ofusage because of its location, proximity to an existing PD district, intent matching theuse classification, and application of rules previously established which the PlanningCommission approved at one time.Peggy Rosser, applicant, came forward to speak in favor of this request. Ms. Rosserprovided a packet of information to the Planning Commission which supports theirrequest. Their intent is to build an RV Park, not a work camp. Ms. Rosser describedeach of the exhibits in the packets. A copy of this packet is maintained as part of theminute record. The packet includes examples of manufactured housing parks in SanAngelo, as well as RV sales lots. The packet also includes letters of support fromvarious parties for this proposal as presented. Ms. Rosser provided some quotesfrom the letters of support, including some from the Chamber of Commerce,Convention & Visitors Bureau, Angelo RV, and two citizens of San Angelo who ownproperty immediately nearby. The argument was made that equine tourism,recreational-based travelers, and seasonal travelers are beneficial to attract for SanAngelo. After reviewing some of the quotes from these letters, Ms. Rosser asked ifthere were any questions.
  • 175. Joe Grimes asked Ms. Rosser a bit about the nature of the RV park and explainedthat their project was not necessarily the same type of endeavor as the other RVparks which have been brought to the Planning Commission in recent months.Teri Jackson, with the Century Park Homeowners Association, came forward tospeak in opposition on this matter. They are within 1200 of the proposal PD district.They have submitted a letter with 33 homeowners in opposition who signed it, whichwas presented to the Commissioners.Jennifer Boggs asked Ms. Jackson why the group was in opposition to the request.Ms. Boggs asked Ms. Jackson if she has been on the property, and Ms. Jacksonreplied that she had not. Ms. Jackson stated that Ben Ficklin Road is a very smallroad and would be a difficult entrance. Mr. Wynne asked if the objection was basedon the perception of a work camp and not on a RV park for recreational type ofusage. Mr. Smith explained that he too, like Ms. Boggs, did not understand therationale behind the opposition. Mr. Lawrence wanted to identify the reasons for theobjection. The only reason for objection articulated was that Phase I had not yetbeen developed.Kandi Pool, speaking for the Association of Realtors, came forward to explain thatthey are in opposition to this request. She explained that other requests have beentabled and that they ask that this request be handled the same way.Mr. Lawrence explained that the previous case was intended for long-term living,while this case is focused on the type of limitations which the current ordinanceallows - being recreational in nature. There is, as such, a clear distinction betweenthe two. Mr. Wynne asked Mr. Hintz to provide the packet to Ms. Pool for herreview. Ms. Pool expressed that they want to make sure that there will be aproliferation for campgrounds throughout the city for different reasons. Ms. Poolasked that the Commission wait for the joint meeting to be held.No one else came forward to speak on this matter.Darlene Jones explained that the concept is a great concept and the presentationwas done well. However, she feels that there should be examination of the area.Mr. Hintz spoke about the differences of this project because the PD ordinance istailor-made for this property, rather than simply being open to anything under the usecategory. Jennifer Boggs stated that the letters of support were important andshould be considered in the evidence of the case. Ms. Boggs also explained thatthere is, and has been articulated, a clear line of distinction between the work campissue and a recreational use. Mr. Smith stated that he was surprised to seeCommission members apologize for "pigeon-holing" the project in a previous hearingbut then go ahead and "pigeon-hole" it by tabling it. Mr. Smith continued to statethat this is a different matter.Motion, to approve as presented, was made by Ryan Smith and seconded byJennifer Boggs. The motion passed by a vote of 5-1 with Darlene Jones opposed.
  • 176. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 3512 Ben Ficklin Road, located approximately 200 feet east from the intersection of Ben Ficklin Road and South Bryant Boulevard. This property specifically occupies approximately 10.8 acres in the southwest portion of a 73.9 acre tract of the E Hermes Survey 0174 Abstract 0349 in south central San Angelo, as indicated in Exhibit B of this Ordinance, changing the zoning classification from Ranch & Estate (R&E) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYRE: PD 07-01 (2013 amendment): Carrie & John Maier and Glenn & Peggy Rosser WHEREAS, the Planning Commission for the City of San Angelo and the governingbody for the City of San Angelo, in compliance with the charter and the state law withreference to zoning regulations and a zoning map, have given requisite notice by publicationand otherwise, and after holding hearings and affording a full and fair hearing to all propertyowners and persons interested, generally, and to persons situated in the affected area andin the vicinity thereof, is of the opinion that zoning changes should be made as set outherein; WHEREAS, the applicants seek to develop the property in a phased approach andwish to include an additional area of property within their ownership to the development asapproved and adopted on March 6, 2007; NOW THEREFORE,BE IT ORDAINED BY THE CITY OF SAN ANGELO: SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enactedby the governing body for the City of San Angelo on January 4, 2000 and included withinChapter 12 of the Code of Ordinances for the City of San Angelo, be and the same ishereby amended insofar as the property hereinafter set forth, and said ordinance generallyand the zoning map shall be amended insofar as the property hereinafter described: 3512Ben Ficklin Road, located approximately 200 feet east from the intersection of Ben FicklinRoad and South Bryant Boulevard. This property specifically occupies approximately10.8 acres in the southwest portion of a 73.9 acre tract of the E Hermes Survey 0174Abstract 0349 in south central San Angelo, as indicated on Exhibit B of this Ordinanceshall henceforth be permanently zoned as follows: Planned Development (PD) District.The Director of Planning is hereby directed to correct zoning district maps in the office of theDirector of Planning, to reflect the herein described changes in zoning.
  • 177. SECTION 2: That in all other respects, the use of the hereinabove describedproperty shall be subject to all applicable regulations contained in Chapter 12 of the Code ofOrdinances for the City of San Angelo, as amended. SECTION 3: That the following severability clause is adopted with this amendment: SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance. SECTION 4: That the following penalty clause is adopted with this amendment: PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense. SECTION 5: That the ordinance approved by the governing body for the City of SanAngelo on March 6, 2007 amending the basic zoning ordinance for the City of San Angelo,which said amending ordinance is referenced as PD 07-01and which concerns a certain6.608-acre tract and a 14.199 acre tract out of the E. Hermes Survey 0174 Abstract 0349 inthe City of San Angelo, Tom Green County, Texas, shall be and the same is herebyamended insofar as a certain Paragraph B in Section 5, adding the site plan referenced inExhibit A of this ordinance to the area encompassed by PD 07-01.INTRODUCED on the 2nd day of April, 2013 and finally PASSED, APPROVED ANDADOPTED on this the 16th day of April, 2013. THE CITY OF SAN ANGELO ____________________________________ Alvin New, MayorATTEST:________________________________Alicia Ramirez, City Clerk
  • 178. Approved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, Interim Director of Lysia H. Bowling, City AttorneyDevelopment Services
  • 179. Exhibit B
  • 180. City of San AngeloMemo Meeting Date: April 2, 2013 To: City Council members From: Roxanne Johnston, Planner Subject: Z13-08: Cho Walker. A request for approval of a zone change from Single-Family Residential (RS-1) to Two-Family Residential (RS-2) to specifically allow for “Household Living” as defined in Section 313.B. of the Zoning Ordinance and as allowed in RS-2 zoning districts on the following property: Location: 1205 South Jackson Street; located approximately 75 feet southwest from the intersection at South Jackson Street and West Avenue H. This property specifically occupies the South Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo. Purpose: Approval or modification of this request by the Planning Commission would forward the recommendation to City Council for a final decision on the matter. Contacts: Cho Walker 325-763-8606 Roxanne Johnston, Planner 325-657-4210 Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-08: Cho Walker AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN,
  • 181. BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 1205 South Jackson Street; located approximately 75 feet southwest from the intersection at South Jackson Street and West Avenue H. This property specifically occupies the South Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo, changing the zoning classification from a Single Family Residential (RS-1) to a Two-Family Residential (RS-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Summary: The City Council may: (1) Approve the proposed zone change; (2) Remand the application back to Planning Commission for further discussion, in which case another public hearing will need to be scheduled. (3) Deny the proposed zone change Recommendation: City staff recommends approving the proposed zone change. On March 18, 2013, the Planning Commission recommended approval of this request by a unanimous vote of 6-0.History and Background:The subject property encompasses two lots and measures approximately 1/3 of anacre. The existing home was built in the early 1940s. Santa Rita Park and Santa RitaElementary School are located nearby, less than ¼ mile to the east. Proximity to theselocations allows opportunities for recreational, educational and social opportunities forthe surrounding area.Additionally, the subject property is situated well under a ½ mile in to South BeauregardAvenue to the north and West Avenue N to the south. These two locations generallyprovide commercial opportunities to the subject property and the neighborhood, overall.The applicant is seeking this zone change in order to convert an existing accessorybuilding into an accessory apartment. Although many such structures are in place withinthe surrounding area, there are two properties that have been rezoned to RS-2. Theclosest, 1313 South Jackson Street, houses a two story duplex and was rezoned in1965. It is less than 500 feet south from the subject property.
  • 182. Another such RS-2 zone is located southwest at 1428 West Tyler Street. This lastproperty lies approximately 2000 feet from the subject property with an accessoryapartment situated towards the rear of the property. General Information Existing Zoning: Single Family Residential (RS-1) Existing Land Use: Residence Surrounding Zoning/Land Use: North: RS-1 Single-family Residential West: RS-1 Single-Family Residential South: RS-1 Single-Family Residential East: RS-1 Single-Family Residential Thoroughfares/Streets: South Jackson Street and West Avenue H are defined as “local streets” which are designed to carry light neighborhood traffic at lower speeds and generally connect to collector streets. Zoning History: The property has been a part of the city limits since at least 1949 with little change to residential zoning and uses to the immediate area. Applicable Regulations: Allowed uses for this property can be found in Section 310 (Use Table) of the Zoning Ordinance. Development Standards: Residential development setbacks are outlined in Section 501 of the Zoning Ordinance. Vision Plan Map: Neighborhood for the subject property and surrounding area. Related Comp Plan Excerpts: “Create new physical connections to neighborhoods lined with transitional and intermediate uses." "Promote neighborhood diversity and
  • 183. security by encouraging a mix of age, income, and housing choices within San Angelos neighborhoods.” "Encourage in-fill development sensitive to the existing and desired content of the area” “All residents within each neighborhood boundary should be able to meet their daily needs within a reasonable and accessible distance from their home.” "Variety of residential product types - multi-family, townhomes, courtyard homes, patio homes, etc." Establish transition areas to better "scale- down" intensity of use from commercial centers to neighborhoods." Special Information Traffic Concerns: Changing the zoning to RS-2 will create little impact on the volume of traffic than if the property remained as-is. Parking Requirements: New residential units require a minimum of two off-street parking spaces. All areas used for off-street parking shall be paved, per Section 511.F.3 of the Zoning Ordinance. Parking Provided: Off-street paved parking is provided. Density: Surrounding uses are predominately residential in nature, with the majority of the structures being single-stories. Notification Required: Yes Notifications Sent: 20 Responses in Favor: 0 Responses in Opposition: 3Analysis:
  • 184. In order to approve this Zone change request, City Council members are firstrequired to consider the following criteria:1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance.3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.The staff recommendation is based upon the statements listed below.The applicant is seeking a zone change in order to convert an existing accessorybuilding into an apartment. This zone change request from RS-1 to RS-2 is onlya slight change from current zoning and staff has discovered that this proposedchange is in keeping with the 7 criteria listed above, all of which will be explainedin the following.A zone change to RS-2 would allow the owner and future owners to enjoy thesame residential uses that are allowed by right as current zoning with just oneexception: it allows for an accessory apartment on the property and theoccupancy rate would increase slightly. As mentioned earlier under the “Historyand Background” portion of this report, the subject property is comprised of twolots. A lot size of an approximately 1/3 of an acre makes a zone change here
  • 185. more attractive than if the request were made on a piece of property half the sizeof the subject property. Because of this minute difference in residential uses, andwith the lot being larger than many in the area, the proposed zone changeremains consistent and compatible with both the Zoning Ordinance andComprehensive Plan and meets the requirements of Criteria 1.Since there would be no conflict in land use or the building requirements outlinedin the Zoning Ordinance, the proposed zone change would also be consistentwith the Zoning Ordinance and meets the intent of Criteria 2. Traffic would beminimally impacted and the use would remain compatible with the surroundingarea. Additionally, the property has a spacious paved curved driveway that caneasily provide 3 additional off street parking opportunities along with the two cargarage attached to the primary residence.The subject property lies amid an older, more established medium-densityresidential area and is situated less than a half mile to commercial areas locatedalong West Beauregard Avenue and West Avenue N. Also, Santa Rita Park andSanta Rita Elementary are within 500 feet of the subject property. The proximityto these commercial opportunities can be ideal for pedestrian and bicycle uses.Staff found many accessory structures in the subject property neighborhood anddiscovered two instances of zone changes from RS-1 to RS-2. These illustrateprecedence by the Planning Commission and City Council to allow a mix of housingstock to the area, which was and still is in keeping with the Comprehensive Plan, soallowing an additional zone change here would be appropriate. As previouslymentioned, traffic would be minimally impacted with a zone change and the usewould remain compatible with the surrounding area and therefore meets with theconditions of Criteria 3.Conditions would remain relatively the same should the zone change beapproved. The Vision Plan calls for the subject property to remain as‘Neighborhood’ in nature. Therefore, the zone change request is consistent withaspects of the Vision Plan and will likely have a positive impact on current andfuture land uses. RS-2 zoning here for an accessory apartment could alsoencourage redevelopment and provide encouragement for future neighborhooddevelopment that would be compatible with surrounding uses, including SantaRita Elementary School and Santa Rita Park to the east.This zoning request would have minimal negative impacts on the naturalenvironment, again, since there is a little change between RS-1 and RS-2 uses.Storm water runoff to the area would remain unchanged since the building isalready in place. Traffic would be the only factor increasing and impacting thearea, and again, this would be a negligible change since only one apartmentwould be in use on the subject property and would most likely not negativelyaffect neighboring properties if all conditions of the Zoning Ordinance aresatisfied.
  • 186. San Angelo is experiencing a need for increased housing stock as our populationhas been increasing. According to the United States Census Bureau, populationincreased by nearly 5,000 between the years 2000 and 2010. 1 In this instance,an existing structure would be reconditioned to provide more housing to assistwith community need, so Criteria 6 would continue to be met with the approval ofa zone change here.Also addressing community need is this: the proposed area is situated in whatcontains several potential components of a walk-able community from a SmartGrowth point of view. Smart Growth, can be defined as “development thatserves the economy, the community and the environment”2 and promotes strongneighborhoods through choices in transportation and housing. Smart Growth alsooffers a higher level of social interaction, reduced emissions caused byautomobile travel and greater opportunities for physical opportunity that arebrought about by higher pedestrian and bicycling uses. Both Santa RitaElementary and Santa Rita Park are located less than 500 feet east of thesubject property, between South Monroe and South Madison Streets.Commercial access exists less than a half a mile north from the subject propertyalong West Beauregard Avenue and also along West Avenue N, which is locatedless than a half mile south from the subject property. These are just threeexamples of current locations where area residents have reasonable pedestrianand bicycle access to and illustrate how the subject property has severaldesirable Smart Growth traits.In addition to meeting Criteria 1-6, staff feels this zone change request is inkeeping with Criteria 7. A rezone to RS-2 is most certainly a logical progressionin terms of development patterns. Again, the change is very slight from thecurrent zoning and the Vision Plan calls for the area to remain residential. Arezone to RS-2 would have little negative impact on the area, and again, couldhelp encourage future development in a predictable, orderly manner which isexactly the intent of the Comprehensive Plan and Zoning Ordinance.Proposed Conditions N/AAttachments: Excerpt from zoning map, showing the general location within the City of San Angelo; excerpt from zoning map, highlighting subject property; 1 www.quickfacts.census.gov (accessed 01/18/13). 2 www.smartgrowthpa.org (accessed 01/22/13).
  • 187. aerial photo, highlighting subject property; and excerpt from the Comprehensive Plan Vision map highlighting the subject property. notification map highlighting responses from neighboring properties; citizen response letters; draft minutes from March 18, 2013 Planning Commission meeting; and` draft ordinancePresentation: AJ Fawver, Interim Director of Development ServicesReviewed by: Jeff Hintz, Interim Senior Planner (03/09/13)
  • 188. The effect of
  • 189. MINUTE RECORD OF THE CITY OF SAN ANGELO PLANNING COMMISSION MEETINGHELD ON MONDAY, March 18, 2013 AT 9:00 AM IN THE SOUTH MEETING ROOM OF THESAN ANGELO CONVENTION CENTER, 500 RIO CONCHO DRIVE, SAN ANGELO, TEXASPRESENT: Joe Grimes, Bill Lawrence, Jennifer Boggs, Darlene Jones, Bill Wynne, Ryan SmithABSENT: Sebastian Guerrero (AE) STAFF: AJ Fawver, Interim Director of Development Services Lysia Bowling, City Attorney Al Torres, Building Official Jeff Hintz, Interim Senior Planner Kevin Boyd, Planner Roxanne Johnston, PlannerVII. Requests for Zone Change. [Planning Commission makesrecommendation; City Council has final authority for approval.] A. Z 13-08 Cho Walker A request for approval of a zone change from Single-Family Residential (RS- 1) to Two-Family Residential (RS-2) to specifically allow for “Household Living” as defined in Section 313.B. of the Zoning Ordinance and as allowed in RS-2 zoning districts on the following property: 1205 South Jackson Street; located approximately 75 feet southwest from the intersection at South Jackson Street and West Avenue H. This property specifically occupies the South Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo. Roxanne Johnston, Planner, came forward to present this case, consistent with the staff recommendation of approval. Twenty notifications were sent out, with three returned in opposition to the request. She described briefly the concerns that were outlined. There is predominant RS-1 zoning throughout the area, and the subject property actually sits on two lots. The applicant would like to have a full accessory apartment on the premises. The properties responding in opposition to the request were shown. The Vision Plan map calls for a "neighborhood" designation at this location. Ms. Johnston gave some other background on the ordinance requirements for accessory apartments. Staff explained that the zoning change was needed because a full-fledged apartment (encompassing both a bathroom and a kitchen) would be a full second living unit. An RS-1 zoning district only allows one living unit per lot. In this case, the property is actually two lots, making it unique. Conceivably, if the current buildings were removed, one residence could be constructed on each of those lots. As such, the only thing preventing this occurring now is the limitations of the current buildings and setbacks.
  • 190. Cho Walker came up to speak. Bill Wynne asked if someone will be occupyingthe residence. Ms. Walker mentioned that her sister will be occupying itpermanently. She mentions that her sister is ill and that she would care for her.Ms. Boggs asked if there would be any changes to the existing structure. Ms.Walker responsed no. there are no changes expected to the building. RyanSmith asked about the terms of renting. Staff explained the differences betweena full accessory apartment and a "mother-in-law suite". The former has both abath and a kitchen, while the latter has one or the other, not both.Motion, to approve, was made by Ryan Smith and seconded by Darlene Jones.The motion passed unanimously, 6-0.
  • 191. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 1205 South Jackson Street; located approximately 75 feet southwest from the intersection at South Jackson Street and West Avenue H. This property specifically occupies the South Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo, changing the zoning classification from a Single Family Residential (RS-1) to a Two-Family Residential (RS-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYRE: Z 13-08: Cho Walker WHEREAS, the Planning Commission for the City of San Angelo and the governingbody for the City of San Angelo, in compliance with the charter and the state law withreference to zoning regulations and a zoning map, have given requisite notice by publicationand otherwise, and after holding hearings and affording a full and fair hearing to all propertyowners and persons interested, generally, and to persons situated in the affected area andin the vicinity thereof, is of the opinion that zoning changes should be made as set outherein; NOW THEREFORE,BE IT ORDAINED BY THE CITY OF SAN ANGELO: SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enactedby the governing body for the City of San Angelo on January 4, 2000 and included withinChapter 12 of the Code of Ordinances for the City of San Angelo, be and the same ishereby amended insofar as the property hereinafter set forth, and said ordinance generallyand the zoning map shall be amended insofar as the property hereinafter described: 1205South Jackson Street; located approximately 75 feet southwest from the intersectionat South Jackson Street and West Avenue H. This property specifically occupies theSouth Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo, shallhenceforth be permanently zoned as follows: Two-Family Residential (RS-2) District.The Director of Planning is hereby directed to correct zoning district maps in the office of theDirector of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the hereinabove describedproperty shall be subject to all applicable regulations contained in Chapter 12 of the Code ofOrdinances for the City of San Angelo, as amended. SECTION 3: That the following severability clause is adopted with this amendment: SEVERABILITY:
  • 192. The terms and provisions of this Ordinance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance. SECTION 4: That the following penalty clause is adopted with this amendment: PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense.INTRODUCED on the 2nd day of April, 2013 and finally PASSED, APPROVED ANDADOPTED on this the 16th day of April, 2013. THE CITY OF SAN ANGELO ____________________________________ Alvin New, MayorATTEST:________________________________Alicia Ramirez, City ClerkApproved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 193. City of San AngeloMemo Meeting Date: April 2, 2013 To: City Council members From: Roxanne Johnston, Planner Subject: Z13-09; Jack Gabriel, aka PD 07-03 (2013 Amendment); (an amendment to a Planned Development District (PD07-03) to specifically add an allowance for the operation of a gymnastics academy, which is defined in Section 315.G.c.3 of the Zoning Ordinance as a “Retail Sales and Service that is Entertainment Oriented” on the following property: Location: 2909 South A&M Avenue, located at the southwest corner of South Oxford Drive and South A&M Avenue. This property specifically occupies approximately 7.938 acres out of the J Mc Neese Survey 0176 Abstract 1641 in southwest San Angelo. Purpose: Approving this zone change amendment will forward that recommendation to City Council for a final decision on the matter. Contacts: Jack Gabriel, property owner 325-374-3457 Roxanne Johnston, Planner 325-657-4210 Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-09 AKA PD 07-03 (2013 Amendment): Jack Gabriel AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE
  • 194. WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: a 7.938 acres at southwest corner of South Oxford Drive and A&M Avenue in southwestern San Angelo, amending the zoning classification from a Planned Development (PD) District (PD 07-03) previously approved for assisted group living to specifically add allowance for the operation of a gymnastics academy; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYSummary: The City Council may:(1) Approve this Planned Development amendment request with conditions; or(2) Remand the application back to Planning Commission for further discussion, in which case another public hearing will need to be scheduled, or(3) Deny this Planned Development amendment request.Recommendation: Planning staff recommends approving the proposedamendment to PD 07-03 with conditions.On March 18, 2013, the Planning Commission recommended approval of thisrequest by a unanimous vote of 6-0.History and Background:The subject property is the former Travis Elementary School. Campusbuildings and related site improvements, including off-street parkingareas as well as recreation and playground equipment, remain. In 2007,a Planned Development District was given to allow for an assisted groupliving center which was to eventually include a two story building. Thisfacility has not been constructed nor has the center been developed.The amendment proposal, the first for this PD, is to use an existingrecreational building located approximately 75 feet west of theintersection at A&M Avenue and Harvard Avenue for a gymnasticsacademy. This use is not consistent with the original PD. This or any PDDistrict is a customized zoning classification. Use and development ofland and buildings within each PD District is guided by a graphic conceptplan fully integrated with (and formally a part of) specific zoningregulations tailor-made for each district. Changes to the PD require
  • 195. review and approval from Planning Commission and City Council and arefurther explained in this report.General Information Existing Zoning: Planned Development (PD) Existing Land Use: Vacant former school. Surrounding Zoning/Land Use: North: RS-1 Single-family residences, campus for church and private school West: RS-1 Single-family residences South: RS-1 Single-family residences and open space including the Red Arroyo East: RS-1 Single-family residences Thoroughfares/Streets: South A&M and Oxford Avenues are defined as "minor collector streets” designed to connect arterial streets to local streets and access land. Zoning History: PD 07-03 allows for an assisted group living center, but to date, this property has not been used nor developed for this intended purpose. Applicable Regulations: Section 210.G. Planned Development Review “Any amendment to the terms and conditions of an approved PD District ordinance shall be subject to review and reconsideration…” Section 306. PD (Planned Development) District “The purpose of the Planned Development District include, but are not limited to the following 1. To allow diversification of uses, structures, and open spaces and to promote flexibility of design in a manner compatible with existing and allowed uses of land on adjacent properties.
  • 196. 2. To preserve the natural amenities and environmental assets of the land by encouraging the preservation and improvement of open space. 3. To provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services. 4. To promote the efficient use of land to facilitate a more economic arrangement of buildings, uses of land and utilities. 5. To promote the development of vacant property within the presently developed urban area.”Development Standards: Residential development setbacks are outlined in Section 501 of the Zoning Ordinance. All required off-street parking and the connection(s) to a public right-of-way are required to be paved as defined in Section 511.F.3 of the Zoning Ordinance. Section 502. Nonresidential District Standards A. Within any nonresidential district, allowed residential uses shall conform with the residential bulk regulations regarding maximum floor area ratio, required yards and height that are most closely associated with the proposed type of residential use.”Vision Plan Map: NeighborhoodComp Plan Excerpts: Chapter 6 addresses land use: “medium-and high-density housing districts can serve as a transition between single- family residential and commercial uses.” and;
  • 197. Objective D: “Encourage in-fill development sensitive to the existing and desired context of the area.” Objective E: “Encourage the re-use of vacant buildings in the city. Carefully integrate new uses into older areas…” and to “Provide regulatory flexibility to allow for the use of vacant or underutilized buildings.”Special Information Traffic Concerns: This property has direct access to two major collector streets within the neighborhood; A&M Avenue and Oxford Avenue. The proposal to add a new use will most likely increase traffic; primarily during the hours of operation. As this property was once a school, the area experienced high volumes of traffic depending on the school’s hours of operation, and these roadways therefore designed to accommodate moderate flows of traffic at moderate speeds, but with limited access points. Parking Requirements: 1 space per residential unit under the existing PD. The new use would require 1 space per 400 square foot gross or 1 space for every 10 seats for patron use; whichever is greater. Parking Provided: Paved off-street parking spaces are currently provided. Density: Predominately vacant land and medium density Single-Family Residences are prevalent in this area. Notification Required: Yes Notifications Sent: 21 Responses in Favor: 1 Responses in Opposition: 0Analysis:
  • 198. In order to approve this zone change request, the City Council members are firstrequired to consider the following criteria:1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance.3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.The staff recommendation is based upon the statements listed below.A requirement of any PD is that the original plans approved as a condition of thePD be adhered to and any changes require a review. When a change isrequested by an applicant, as it is here, then the PD must be reviewed perSection 210G of the Zoning Ordinance which, in short, instructs that the PlanningCommission review the request. Since the change has been recommended bythe Planning Commission, the City Council then makes the final decision on thematter.Staff has determined that an important distinction be made between the proposeduse and examples of other uses in the “Retail Sales and Service EntertainmentOriented” use category. Other uses in this category include “restaurants, cafes,delicatessens, indoor continuous entertainment activities such as bowling alleys andice rinks; dance halls; theaters, health clubs, gyms, membership clubs and lodges;
  • 199. hotels, motels, campgrounds, recreational vehicle parks and other temporary lodgingwith an average length of stay of less than 30 days.” Staff would not support theplacement of many of these uses on the subject property, and asserts that agymnastics academy would most likely represent the least intensive of land use andnuisance to the area when compared to other businesses in this use category.Given the history of the property whereby the original PD conditions have notbeen met by neither the original nor the current owner, it seems only equitable toPlanning staff that the current owner uses the property for a purpose that will becompatible with the surrounding area, the Zoning Ordinance, and theComprehensive Plan.In a residential area where commercial uses are normally not allowed, it would seemthat a commercial use would be undesirable. However, in this case, the commercialuse serves to provide education and also contains entertainment elements if the useis restricted to the proposed use or a similar use. The Comprehensive Plan seeks topromote public arts and cultural opportunities for youth. Although the proposed usewould not be publically funded, it could still provide for such art and culturalopportunities. It is quite possible, too, that area residents of the neighborhood wouldmake use of the proposed gymnastics academy.Additionally, the Comprehensive Plan seeks to “create new physical connections toneighborhoods lined with transitional and intermediate uses.” The neighborhoodcontains a variety of uses; two such uses can be found in the church to the north ofthe subject property and the school operated by the church. Additionally, to the westof the property, the use of open space that lies between commercial uses alongSouth College Hills Boulevard is yet another example of a transitional use. Addingthe proposed use lends itself to the idea of connectivity as such activities provideopportunities to gather together socially and potentially create a feeling of bothcommunity and community investment through shared experiences. Along with thisidea is the enhancement such a proposed use would bring to a walk-able communitythat is attainable through pedestrian activities and alternative transportation such asbicycles.No new building is being proposed at this time, so the surrounding area (whichincludes the Red Arroyo) will not be impacted by additional storm water runoff;landscaping in place will most likely remain as-is with routine maintenance. Thereforethis amendment proposal should not subject the area to adverse impacts such asexcessive noises or noxious odors, for example.This request is requiring an amendment to the Zoning Ordinance; however, a changeto any PD would also require an amendment. The applicant and several residents ofthe neighborhood expressed to staff that the property was vandalized in the pastwhen the property was not being used, so staff believes activity such as theproposed use will promote a “safer” neighborhood since the property is now lit andactive in the evenings. Also, the proposed use remains compatible with the overall
  • 200. conditions of the original PD. In the event that those conditions (the group livingfacility) are realized, then the proposed gym could still be used concurrently. In theevent the gym discontinued its use, the overall PD will not be adversely impacted.Either way, the character of the neighborhood will not be compromised and so thebalance of what is intended in the Vision Plan for the area remains intact.The creation of any PD brings the most consistent and predictable developmentwithin the community, a fact that solidifies the purpose and intent of the ZoningOrdinance and Comprehensive Plan and goals for this area. For all of thesereasons, staff finds this use consistent with all criteria mandated of the requestand recommends approval of the proposed use within the boundary of PD 07-03.Conditions:Conditions of this amendment to the Planned Development are listed in Sections 5 –7 of the attached draft ordinance included with this reportAttachments: excerpt from zoning map, showing the general location within the City of San Angelo; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; excerpt from the Comprehensive Plan Vision Map highlighting the subject property; notification map highlighting responses from neighboring properties; citizen response letter; draft minutes from January 18, 2013 Planning Commission Meeting; approved PD 07-03 ordinance from 2007; approved PD 07-03 site plan from 2007; and draft ordinance for current proposal.Presentation: Roxanne Johnston, PlannerReviewed by: Jeff Hintz, Interim Senior Planner (03/09/13)
  • 201. MINUTE RECORD OF THE CITY OF SAN ANGELO PLANNING COMMISSION MEETINGHELD ON MONDAY, March 18, 2013 AT 9:00 AM IN THE SOUTH MEETING ROOM OF THESAN ANGELO CONVENTION CENTER, 500 RIO CONCHO DRIVE, SAN ANGELO, TEXASPRESENT: Joe Grimes, Bill Lawrence, Jennifer Boggs, Darlene Jones, Bill Wynne, Ryan SmithABSENT: Sebastian Guerrero (AE)STAFF: AJ Fawver, Interim Director of Development Services Lysia Bowling, City Attorney Al Torres, Building Official Jeff Hintz, Interim Senior Planner Kevin Boyd, Planner Roxanne Johnston, Planner B. Z 13-09: Jack Gabriel (aka PD 07-03 2013 Amendment) A request for approval of an amendment to a Planned Development District (PD07-03) to specifically add an allowance for the operation of a gymnastics academy, which is defined in Section 315.G.c.3 of the Zoning Ordinance as a “Retail Sales and Service that is Entertainment Oriented” on the following property: 2909 South A&M Avenue, located at the southwest corner of South Oxford Drive and South A&M Avenue. This property specifically occupies approximately 7.938 acres out of the J Mc Neese Survey 0176 Abstract 1641 in southwest San Angelo. Roxanne Johnston, Planner, came forward to present this request, consistent with the staff recommendation of approval 21 notifications were sent, with 1 returned in favor. Packets of a petition that was put together in support of the zoning were handed out to the Planning Commission, provided by users of the property. A copy of this packet is maintained as part of the minute record. Ms. Johnston showed some photos of the subject property and the surrounding area. There is a large neighborhood surrounding the property and the property itself is the site of a former elementary school. The property has been a PD district since 2007 allowing for group living, and the applicant seeks to amend this PD to include a gymnastics academy. The proposed use falls within the retail sales category, but the ordinance crafted for this site limits the usage to simply a gymnastics academy. It is a request consistent with the Comprehensive Plan and far less intensive than other types of uses within the retail sales use classification. The proposed use provides recreation, ties to the neighborhood, and there is no new building proposed at this time. Environmentally, the effects will be minimal. The character of the neighborhood should remain unaffected since the gymnastics academy is similar to the educational setting of a school.
  • 202. Jennifer Boggs asked some questions about the environmental issues. AlTorres, Building Official, came forward to address these questions.There were no other questions for staff. Mr. Lawrence asked about the zoningthat predated the PD zoning district. Mr. Lawrence talked about the potentialresponsibility of the school district to clear these lots when abandoning the usesso that the properties may be used and re-visioned.Landa Knight, owner of the Texas Tumbleweeds Academy, came forward todiscuss the support of the community for their utilization of the property. Thereisnt a current plan of action for the other facilities of the site in addition to thegymnasium. They are leasing the property from a private property owner.Ms. Johnston clarified that the PD district applies to the entire tract of property.Joe Grimes asked about the parking, and Ms. Knight explained that there isregular pick-up and drop-off traffic, not permanent occupation of the parkinglots. There was discussion as to the options of the proponents moving forward.Marla Butler Cummings came forward to speak in favor of this request. Shehas students attending the academy and does live in the area as well. Shediscussed the traffic concerns of the property and the neighborhood. Mr. Smithasked if there were matches held in the facility, and she replied that there arenot. The space is fairly tight for all of the things which they are doing within it.No one came forward to speak in opposition to the request.Motion, to approve as presented, was made by Ryan Smith and seconded byDarlene Jones. The motion passed unanimously, 6-0.
  • 203. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: a 7.938 acres at southwest corner of South Oxford Drive and A&M Avenue in southwestern San Angelo, amending the zoning classification from a Planned Development (PD) District (PD 07- 03) previously approved for assisted group living to specifically add allowance for the operation of a gymnastics academy; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYRE: Z 13-09 AKA PD 07-03 (2013 Amendment): Jack Gabriel WHEREAS, the Planning Commission for the City of San Angelo and the governingbody for the City of San Angelo, in compliance with the charter and the state law withreference to zoning regulations and a zoning map, have given requisite notice by publicationand otherwise, and after holding hearings and affording a full and fair hearing to all propertyowners and persons interested, generally, and to persons situated in the affected area andin the vicinity thereof, is of the opinion that zoning changes should be made as set outherein; NOW THEREFORE,BE IT ORDAINED BY THE CITY OF SAN ANGELO: SECTION 1: That the ordinance approved by the governing body for the City of SanAngelo on August 21, 2007, amending the basic zoning ordinance for the City of SanAngelo, which said amending ordinance is referenced as PD 07-03 and which contains a7.938 acre tract out of W. Nevels Survey 2 (Abstract No. 1755) and out of J. McNeeseSurvey 1761/2 (Abstract No.1641) in San Angelo, Tom Green County, Texas shall be thesame and is hereby amended to include all conditions specified in Section 5 below.The Director of Planning is hereby directed to correct zoning district maps in the office of theDirector of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the hereinabove describedproperty shall be subject to all applicable regulations contained in Chapter 12 of the Code ofOrdinances for the City of San Angelo, as amended. SECTION 3: That the following severability clause is adopted with this amendment: SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.
  • 204. SECTION 4: That the following penalty clause is adopted with this amendment: PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense. SECTION 5: Except as otherwise specified or limited below, the use andimprovement of the subject property shall be governed by standards, requirements andlimitations of development in Single-Family Residence (RS-1) Districts: A: The property shall not allow any retail sales except to students and attendees of gymnastics showcases and or events. Invitation for the sole purpose of retail sales shall be prohibited. Said sales shall be limited to gymnastics activities and general concessions. B: Office space shall be allowed for the gymnastics academy and assisted group living uses only. Other types of offices not related to the allowed uses through this amendment and PD 07-03 shall not be permitted. C: Gymnasium shall only be used for gymnastics activities, showcases and training limited to those enrolled in lessons or the academy. Other types of athletic clubs, events, or sports unrelated to the operation of a gymnastics academy or assisted group living facility shall not be permitted. D: Appeals of what constitutes a gymnastics activities shall be directed to the Zoning Board of Adjustment if not addressed within this amendment to PD 07-03. SECTION 6: The parking requirements for this gymnastics academy shall be asfollows, and as is ordinarily required in the zoning ordinance for the City of San Angelo: A: 1 space per 400 square foot gross or 1 space for every 10 seats for patron use; whichever is greater for the gymnastics academy. Such off-street parking areas (including vehicle maneuvering space and driveways) shall furthermore be designed, improved and maintained as generally required by off-street parking standards of San Angelo’s Zoning Ordinance. B: Before any activities allowed within this Planned Development District may commence, a Certificate of Occupancy from the Building Official shall be obtained and all parking spaces required for those uses shall be provided and maintained as Section 511 of the Zoning Ordinance requires. SECTION 7: Outdoor storage of any materials or equipment or any kind shall not bepermitted at any location within the bounds of this Planned Development District.
  • 205. INTRODUCED on the 2nd day of April, 2013 and finally PASSED, APPROVED ANDADOPTED on this the 16th day of April, 2013. THE CITY OF SAN ANGELO ____________________________________ Alvin New, MayorATTEST:________________________________Alicia Ramirez, City ClerkApproved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, AICP Interim Director Lysia H. Bowling, City Attorneyof Development Services
  • 206. City of San AngeloMemo Meeting Date: April 2, 2013 To: City Council members From: Jeff Hintz, Interim Senior Planner Subject: Z 13-10 Mills Development INC A request for approval of a zone change from Ranch & Estate (R&E) to Single-Family Residential (RS-1) to specifically allow for household living as defined in Section 313.B of the Zoning Ordinance on the following property: Location: An unaddressed tract occupying 8.895 acres of the Deaf & Dumb Asylum Survey Number Two, Abstract 8211. This property was annexed into the City Limits on March 5, 2013 and is directly west from Mills Pass Drive along a proposed extension of Autumwood Trail. This property specifically occupies a proposed subdivision titled, Prestonwood Addition, Section Two, Block 6, Lots 1-18 and Prestonwood Addition, Section Two, Block 7, Lots 1-16 in southwest San Angelo. Purpose: Approval of this request would zone the property Single- Family Residential. Contacts: Rocky Templin, Developer 325-944-1174 Jeff Hintz, Planner 325-657-4210 Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-10: Mills Development INC AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN
  • 207. ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed tract occupying 8.895 acres of the Deaf & Dumb Asylum Survey Number Two, Abstract 8211. This property was annexed into the City Limits on March 5, 2013 and is directly west from Mills Pass Drive along a proposed extension of Autumwood Trail. This property specifically occupies a proposed subdivision titled, Prestonwood Addition, Section Two, Block 6, Lots 1-18 and Prestonwood Addition, Section Two, Block 7, Lots 1-16 in southwest San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Summary: The City Council may: (1) Approve the proposed zone change; (2) Remand the application back to Planning Commission for further discussion, in which case another public hearing will need to be scheduled. (3) Deny the proposed zone change Recommendation: Planning staff recommends approving the proposed zone change. On March 18, 2013 the Planning Commission recommended approval of this request by a 6-0 vote.History and Background: This property was annexed into the city limits on March 5, 2013 after two public hearings for comment for/or against annexation and introduction and approval of an ordinance and a service plan for the area. General Information Existing Zoning: Ranch & Estate (R&E) Existing Land Use: Vacant, undeveloped property Surrounding Zoning/Land Use:
  • 208. North: CG Multi-family dwelling units West: Un-zoned Undeveloped, property in county South: RS-1 single-family residences, vacant property East: RS-1 School & single-family residencesThoroughfares/Streets: Mills Pass Drive and the proposed extension of Autumwood Trail are defined as "Local Streets" and are designed to carry light neighborhood traffic at lower speeds and generally connect to collector streets.Zoning History: Newly annexed property is zoned Ranch & Estate by default as called for in Section 303.A of the Zoning Ordinance. This property has no previous zoning history.Applicable Regulations: Allowed uses for this property can be found in Section 310 (Use Table) of the Zoning OrdinanceDevelopment Standards: Section 501 of the Zoning Ordinance covers general development standards for the property. Minimum Lot Area – 5,000 sq ft Minimum Lot Dimensions – 50x100 Minimum Front Yard – 25 ft Minimum Side Yard – 5 ft Minimum Rear Yard – 20 ft Maximum Floor Area Ratio – 0.4 (40%) Maximum Height – 35 ftVision Plan Map: NeighborhoodComp Plan Excerpts: “Create new physical connections to neighborhoods lined with transitional and intermediate uses." "Promote neighborhood diversity and security by encouraging a mix of age, income, and housing choices within San Angelos neighborhoods.” “All residents within each neighborhood boundary should be able to meet their daily needs within a reasonable and accessible distance from their home.”
  • 209. "Variety of residential product types - multi-family, townhomes, courtyard homes, patio homes, etc." "Coordinate with San Angelo Independent School District (SAISD) to improve walkability and connections between neighborhoods and nearby schools." Special Information Traffic Concerns: Changing the zoning from a very low density residential zone requiring one acre lots to a zoning classification that allows for lots that are 5,000 square feet will certainly increase density and traffic impacts on the area. However, the access to collector and arterial streets will adequately handle this increased density. Parking Requirements: Section 511 of the Zoning Ordinance covers parking improvement standards and amounts. One and two family dwellings require 2 off-street parking spaces per dwelling unit. Parking Provided: The property is undeveloped at this time, parking spaces will be required to be provided as housing units are constructed. Density: This general area is of low density residential and vast acreages of undeveloped property. Notification Required: Yes Notifications Sent: 10 Responses in Favor: 1 Responses in Opposition: 1Analysis: In order to approve this zone change request, the City Council members are first required to consider the following criteria:
  • 210. 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance.3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.The staff recommendation is based upon the statements listed below.Staff finds this request for zone change to be consistent with the plans andpolicies adopted by the city and finds that this request will be consistent with thezoning ordinance as well. The goal of the Comprehensive Plan is to grown thecommunity in a sustainable way providing opportunities for growth both now andin the future; this area is buffered from the highly trafficked Sherwood Way (USHighway 67) and offers potential residents quick access to the core of the city oraccess to the loop. Low density, Single-Family detached neighborhooddevelopment shouldnt necessarily occur right along a major thoroughfare, butquick access to them is certainly ideal. staff finds this isolated area is safe andpractical for this type of development and will be consistent with theComprehensive Plan for this area of the community. In addition, this zonechange request is consistent with zoning in the nearby area and will also aid inthe steady predictable patterns of growth present already within this portion ofthe community; the Zoning Ordinance is in place to ensure consistent predictablegrowth across all segments of the community, both now and in the future.
  • 211. Staff has found this request to be compatible with the surrounding area. Thisarea is one that is certainly growing; the current trend and envisioned growth ofthis area is as "neighborhood." The proposed subdivision establishing single-family home sites is consistent with the anticipated growth of the area anddevelopment patterns the area currently sees. A nearby school will provide awalkable opportunity for families with children who locate in the area. Walkable,safe, pedestrian oriented neighborhoods is a goal of the city ComprehensivePlan and this request for RS-1 zoning is certainly along those lines. RS-1 lots aresubstantially smaller in size than the 1 or more acre lots that are required withR&E zoning; as a result, the smaller lot sizes will allow for greater density in thearea and as a result, a much higher potential for walkability.This request is consistent with the Vision Plan map of the area and as such, noamendments to the Comprehensive Plan will be necessary for this request to beapproved. In addition, staff does anticipate some effect on the naturalenvironment will occur when development takes place. Given the undevelopednatural status of the site now, any future development will have some impact onthe environment. R&E zoning has the least amount of impact on a property,however RS-1 is also a very low impact type of zoning when compared to othermore dense residential zoning categories and commercial designations. Thisisolated location from the highway will provide a quiet area for the futuredevelopment of home sites, staff does not anticipate any adverse impacts fromthis zone change and subsequent proposed development.The community has been growing slowly, but in a steady fashion for the pastdecade. With recent technological advancements in the extraction of naturalresources in the area, there is certainly a demand in the community for morehousing opportunities to house individuals and families working in this field. Onecomponent of this demand for housing options is single-family residences,however it should also be noted townhomes, duplexes, patio homes, andapartments are also choices that are viable within a neighborhood envisionedarea of the Vision Plan and also have the ability to fill this demand. Given thecurrent development patterns of this area, staff find that RS-1 zoning isappropriate here and will help to fill a community need while ensuring thedevelopment patterns remain consistent. This area has access to thoroughfarescapable of carrying future residents to and from home; the area is also locatedwithin a few miles of numerous retailing opportunities that will help futureresidents meet their daily needs within a reasonable distance from home. Thisclose proximity to commercial uses may also provide these retailers andbusinesses a steady potential employment base as well as customer base as thearea continues to grow.Staff had found this request to be consistent with all seven criteria mandated ofthe request and therefore recommends approval of this zoning change for all thereasons mentioned within the report.
  • 212. Proposed Conditions N/AAttachments: excerpt from zoning map, showing the general location within the City of San Angelo; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; excerpt from the Comprehensive Plan Vision Map highlighting the subject property; draft minutes from Planning Commission; citizen responses; and draft ordinance.Presentation: AJ Fawver, Interim Director of Development Services
  • 213. C. Z 13-10: Mills Development Inc A request for approval of a zone change from Ranch & Estate (R&E) to Single- Family Residential (RS-1) to specifically allow for household living as defined in Section 313.B of the Zoning Ordinance on the following property: An unaddressed tract occupying 8.895 acres of the Deaf & Dumb Asylum Survey Number Two, Abstract 8211. This property was annexed into the City Limits on March 5, 2013 and is directly west from Mills Pass Drive along a proposed extension of Autumwood Trail. This property specifically occupies a proposed subdivision titled, Prestonwood Addition, Section Two, Block 6, Lots 1-18 and Prestonwood Addition, Section Two, Block 7, Lots 1-16 in southwest San Angelo.Jeff Hintz, Planner, came forward to present this case, consistent with the staffrecommendation of approval. Ten notifications were sent out, with 1 returned infavor and 1 returned in opposition. Mr. Hintz gave some background to the area,noting the activity in the area since the 2009 aerials were taken. The Vision Planmap calls for a "Neighborhood" designation for this location. The property iscurrently undeveloped and bordered with a large residential neighborhood, whichthis is intended to be an extension of. The intensity of RS-1 is low and compatiblewith the immediate area. Placing housing in a walkable area close to a school andcommercial activities is consistent with the Comprehensive Plan.No one came forward to speak on this item.Motion, to approve as presented, was made by Ryan Smith and seconded by BillWynne. The motion passed unanimously, 6-0.
  • 214. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed tract occupying 8.895 acres of the Deaf & Dumb Asylum Survey Number Two, Abstract 8211. This property was annexed into the City Limits on March 5, 2013 and is directly west from Mills Pass Drive along a proposed extension of Autumwood Trail. This property specifically occupies a proposed subdivision titled, Prestonwood Addition, Section Two, Block 6, Lots 1-18 and Prestonwood Addition, Section Two, Block 7, Lots 1-16 in southwest San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYRE: Z 13-10: Mills Development INC WHEREAS, the Planning Commission for the City of San Angelo and the governingbody for the City of San Angelo, in compliance with the charter and the state law withreference to zoning regulations and a zoning map, have given requisite notice by publicationand otherwise, and after holding hearings and affording a full and fair hearing to all propertyowners and persons interested, generally, and to persons situated in the affected area andin the vicinity thereof, is of the opinion that zoning changes should be made as set outherein; NOW THEREFORE,BE IT ORDAINED BY THE CITY OF SAN ANGELO: SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enactedby the governing body for the City of San Angelo on January 4, 2000 and included withinChapter 12 of the Code of Ordinances for the City of San Angelo, be and the same ishereby amended insofar as the property hereinafter set forth, and said ordinance generallyand the zoning map shall be amended insofar as the property hereinafter described: Anunaddressed tract occupying 8.895 acres of the Deaf & Dumb Asylum SurveyNumber Two, Abstract 8211. This property was annexed into the City Limits on March5, 2013 and is directly west from Mills Pass Drive along a proposed extension ofAutumwood Trail. This property specifically occupies a proposed subdivision titled,Prestonwood Addition, Section Two, Block 6, Lots 1-18 and Prestonwood Addition,Section Two, Block 7, Lots 1-16 in southwest San Angelo shall henceforth bepermanently zoned as follows: Single-Family Residential (RS-1) District.The Director of Planning is hereby directed to correct zoning district maps in the office of theDirector of Planning, to reflect the herein described changes in zoning.
  • 215. SECTION 2: That in all other respects, the use of the hereinabove describedproperty shall be subject to all applicable regulations contained in Chapter 12 of the Code ofOrdinances for the City of San Angelo, as amended. SECTION 3: That the following severability clause is adopted with this amendment: SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance. SECTION 4: That the following penalty clause is adopted with this amendment: PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense.INTRODUCED on the 2nd day of April, 2013 and finally PASSED, APPROVED ANDADOPTED on this the 16th day of April, 2013. THE CITY OF SAN ANGELO ____________________________________ Alvin New, MayorATTEST:________________________________Alicia Ramirez, City Clerk
  • 216. Approved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, Interim Director of Lysia H. Bowling, City AttorneyDevelopment Services
  • 217. City of San AngeloMemo Meeting Date: April 2, 2013 To: Mayor and Council members From: Jeff Hintz, Interim Senior Planner Subject: consider petition for possible annexation (to San Angelo’s City limits) of certain properties situated southwest of San Angelo Location: area encompassing a 24.484 acre tract extending northwest from Mills Pass Drive, and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the proposed Prestonwood Addition, Section Two in the southwest part of the city, as shown in attached exhibit Contacts: AJ Fawver, AICP Interim Director of Development Services 657-4210 Caption: Discussion and consideration of petition seeking annexation (to San Angelo’s City limits) of certain properties situated immediately west/southwest of San Angelo and encompassing a vacant 24.484 acre tract extending northwest from Mills Pass Drive, and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the proposed Prestonwood Addition, Section Two. Summary: The City staff recommends that, if the City Council chooses to accept the petition for annexing all 24.484 acres highlighted on the attached map, that the City Council also adopt the attached draft timetable for completing such annexation. City staff was presented with a petition for annexation of the property described above and specifically shown in the attached exhibits. A copy of the petition is also included within the exhibits. The property in question is entirely vacant and situated adjacent to a growing
  • 218. residential subdivision, known as the Prestonwood Addition, located south/southeast of SamsClub and west of Bonham Elementary School. This subdivision, nearing the completion of itsdevelopment, was annexed to the city in 2008 and incorporates both traditional single-familyresidences and zero lot line homes. On March 5, 2013 a 8.995 acre tract comprising what isknown as the Prestonwood Addition Section Two, was annexed into the City Limits. Thisproposed Prestonwood Addition, Section Two subdivision plat of this 8.995 acres was approvedsubject to conditions by the Planning Commission on March 18, 2013 and a zone changerequesting Single-Family Residential Zoning was also approved on March 18, 2013 by thePlanning Commission.By accepting the petition and adopting a calendar of annexation proceedings as prescribedunder Chapter 43 of the Texas Local Government Code, City Council will initiate a processthat may be completed as early as June 18, 2013.The subject area of proposed annexation is uninhabited and free of any structures.The Local Government Code authorizes cities to annex sparsely occupied areas on petitionof the areas landowner(s). This section (43.028) only applies to the annexation of areasthat meet the following criteria: (1) is one-half mile or less in width; (2) is within the ETJ (Extra-Territorial Jurisdiction) of the city; (3) is vacant and without residents, or on which fewer than three qualified voters reside; (4) is contiguous to the annexing city.Analysis of Proposed Annexation:It is essential that the foundation statement of the 2009 Comprehensive Plan be consideredin context of considering annexations, specifically that: "Rapid land use expansion and recent annexations have affected the identity of the City and established a new development pattern that is fiscally unsustainable."This Plan provides guidance for annexation, many of which are relevant to this scenario.First, the plan establishes a goal stating that the City should "annex areas before extensivedevelopment of home sites and business properties occurs, guiding any such developmentwithin a framework of municipal regulations on zoning, subdivision, signs, fire preventionand building construction." This excerpt is relevant in this situation, because the area isvacant, and thus, no such development is in place. However, this argument alone is notcompelling enough on its own - as vacant property is currently in place outside the city limitsall around San Angelo - and should not necessarily be annexed.However, the Subdivision Ordinance requires that development that seeks to utilize SanAngelos water service petition for annexation before such service can be extended. Itappears in this case that such a purposeful and specifically-situated tract - in the contextthat the neighboring property under the same ownership which is developing currently - wascreated specifically to pursue annexation in order to develop. As such, the second goaloutlined in this Plan advises to "balance short-term costs of making measured capitalimprovements in possible annexation areas with the long-term costs of not annexing these
  • 219. same areas." More specifically, "recognize that determining best areas for annexationinvolves anticipating realistic potential for development around the urban fringe, annexingthe most promising such areas...".The Comprehensive Plan goes on to state that it is important to "identify specific areaswhere...annexation may be useful for incorporating expected new development...within Citylimits, especially where an infrastructure of water utilities already exists."In this area, a network of water and sewer mains, available for extension, are in existence.These were extended and tied into during the process of developing The Boulevardsubdivision. Financial Impact: not applicable, yetRecommendation: City staff recommends that City Council accept the proposedschedule of hearings as outlined below. Even before those public hearings may begin, thegoverning body must decide whether to “accept” or “reject” a petition for annexation. Acceptingsuch petition does not commit the governing body to approving any or all of the requestedannexation. Accepting such petition simply initiates a series of proceedings which mayeventually lead to annexation. These hearings allow the opportunity for input from the public,interested parties, and the petitioner - for consideration by the City Council. annexation calendar (no special meetings needed)first public hearing May 7, 2013second public hearing May 21, 2013introduce annexation June 4, 2013ordinance, on firstreadingsecond and final reading June 18, 2013of annexation ordinanceAttachments: legal description as provided by the applicant, of the proposed area survey map as provided by the applicant petition as submitted to City staffPresentation: AJ Fawver, Interim Director of Development Services Publication: No legal notice required at this time. However, if City Council agrees to accept this petition, legal notice of required public hearings will need to be published (in the newspaper) and posted on the City’s web site.
  • 220. City of San AngeloMemo Date: To: Mayor and Councilmembers From: Robert Schneeman, Interim Director of Economic Development Subject: Agenda Item for April 2, 2013 meeting Contact: Robert Schneeman, 657-4210 Caption: REGULAR Item (select one) Consideration of a resolution ratifying the filing of an application by the City of San Angelo Development Corporation with the Texas State Energy Conservation Office for the installation of solar panels and an electric vehicle charging station at the Spur Arena promoting and demonstrating renewable energy technology and as a supplemental electrical source Summary: COSADC has approved an application for a State Energy Conservation Office Grant in the amount of $250,000 with matching funds of $62,325.97 to install an array of solar panels on the roof of the Spur Arena at the Rodeo Grounds. The array will provide supplemental electrical power to the building thereby reducing the cost of electricity to the building and any surplus power generated will be fed back into the power grid for credit. The intent of the project is provide a learning environment regarding alternative energy systems and to help promote their use. History: The following is an excerpt from the SECO website: Purpose of Grants: To partner with local governments, school districts, state agencies and public institutions of higher education to demonstrate renewable energy technologies by installing small scale systems. Budget Allocation (Amount Available to Award):$2,000,000 in competitive grants for the State Fiscal, September 1, 2012, through August 31, 2013. Individual awards, if any, are not-to-exceed $250,000 in amount. Eligible Entities/Who Qualifies: Texas cities, counties, independent school districts, state agencies and public institutions of higher education. Deadline Information: Please note that all grant applications are due to the Comptrollers office by 2 pm CT on March 15, 2013. Eligibility Requirements 1. Applicant must be a Texas city, county, independent school district (ISD), state agency or public institutions of higher education. 2. Applicants must also provide matching funds totaling at least 20% of the project costs. The following types of matching funds are acceptable: a. Cash; b. Equipment; c. Materials;
  • 221. d. Supplies; and e. Personnel costs directly attributable to the program (per the application instructions). 3. Grants may cover up to 80% of the incremental costs related to the purchase and installation of a renewable energy technology 4. Maximum award per applicant - $250,000. 5. Competitive grants, reimbursement basis. 6. Address the possible historic qualifications of the building selected for the installation. 7. Projects are limited to: o Solar Electricity/Photovoltaics - appropriately-sized units on existing rooftops and parking shade structures; or 60 KW systems or smaller installed on the ground within the boundaries of an existing facility. o Wind Turbine - 20 KW or smaller. o Solar Thermal - system must be 20 KW or smaller. o Solar Thermal Hot Water - such as appropriately sized for small buildings.Evaluation Criteria:If a grant is awarded under the terms of this RFA, Comptroller and SECOanticipate that the selection of grant recipients will be based in part on the criteriaset forth in the attached score sheet and the following considerations: 1. Education and outreach value of the project for students, staff and/or the general public 2. Ready to go projects given priority 3. Location of proposed system 4. Size, type and cost per kilowatt hour of technology proposed 5. Entities ability to display energy production information via the internet, kiosk or signage.After examining a number of options the Consultant, Meridian Solar recommendedroof mounted units on the roof of the Spur Arena at the Rodeo Grounds. The grantapplication has been submitted accordingly in order to meet the March 15, 2013deadline. The total matching funds requirement is as follows:Equipment - $237,149.63Labor - $56,209.56SUP - $18,966.78Total - $312,325.97Grant Amount - $250,000Matching Funds - $62,325.97COSADC originally heard this item at their February 27, 2013 meeting andapproved pursuing a grant for a system to be installed on the BRG building at 69North Chadbourne. Staff worked with the consultant Meridian Solar whodetermined the BRC was not a suitable installation to maximize the grant potential.After reviewing a number of buildings the Spur Arena was chosen as the mostlikely to receive a grant. This left only several days before the deadline of March15, 2013 to submit the application. Staff submitted the application after consultingwith the Legal Department to verify that the application can in fact be pulled at anytime in the review process and presented the item to COSADC at its meeting ofMarch 20, 2013, at which time the COSADC Board approved the submittal oncondition that the contractor provide staff detailed return on investment
  • 222. calculations as soon as they are available and on the condition that the City may pull the application at any time without penalty. Funds will not be obligated until notification of approval of the grant by SECO and acceptance of the grant by the City.Financial Impact: $62,325.97 half cent sales tax fundsRelated Vision Item N/A(if applicable):Other Information/ Staff recommends approvalRecommendation:Attachments: Resolution and Grant ApplicationPresentation: Robert Schneeman, Interim Director of Economic DevelopmentPublication: N/AReviewed by Robert A. Schneeman, Economic Development, 03-22-13Director:Approved by Legal: Yes
  • 223. SECO Innovative Energy Demonstration Grant Program1. GENERAL INFORMATION1A. ApplicantName of Eligible Public Entity Federal Tax ID Application DateCity of San Angelo Development Corporation March 13, 2013Mailing Address City State Zip Code69 North Chadbourne Street San Angelo TX 76903County Name Total Amount RequestedTom Green $250,0001B. Applicant Project Manager and Primary Contact/First Name Initial Last Name TitleRobert Schneeman Interim Executive DirectorTelephone Extension Fax Email Address325 657 4210 325 657 4227 robert.schneeman@sanangelotexas.usExperience1C. Applicant Secondary ContactFirst Name Initial Last Name TitleNora Regino Senior Administrative AssistantTelephone Extension Fax Email Address325 657 4210 325 657 4227 Nora.regino@sanangelotexas.us1D. Chief Executive OfficerFirst Name Initial Last Name TitleRobert Schneeman Interim Executive DirectorTelephone Extension Fax Email Address325 657 4210 325 657 4227 Robert.schneeman@sanangelotexas.us1E. Administrative Contact for AccountingFirst Name Initial Last Name TitleMorgan Trainer Budget ManagerMailing Address City State Zip Code72 W. College Ave San Angelo TX 76903Telephone Extension Fax Email Address325 653-6291 325 658 3608 morgan.trainer@sanangelotexas.us1F. Signature and Certification by Applicant Chief Executive OfficerI certify that I am the Chief Executive Officer and that I have reviewed this application and that I will agree to abide by theterms of the contract.Signature Printed Name and Title Date Interim Executive DirectorTelephone Extension Fax Email Address325 657-4210 325 657-4227 Robert.schneeman@sanangelotexas.us Page 1
  • 224. SECO Innovative Energy Demonstration Grant Program2. PROJECT PLANApplicants are required to complete this form. Additional attachments are acceptable, butall attachments must be on 8.5 x 11 paper.PROJECT DESCRIPTION2A. Provide a project overview* including: a) type of technology, kW capacity and the selection process used; b)describe the resource and site selection for the technology installation; c) previous energy conservation measures includedor completed; and d) existing renewable energy system(s). *all must be addressed specifically in this section. A) The City of San Angelo Development Corporation has partnered with Meridian Solar, Inc. to develop a crystalline silicon photovoltaic system with a capacity of 97.5 kW mounted on the roof of the San Angelo Spur Arena located at 200 W 43rd Street, San Angelo, TX, 76903. Photovoltaic technology is specified due to its reliable performance, low maintenance, and 25+ year expected productive lifetime. Additionally, photovoltaic generation is particularly attractive in San Angelo due its inherent lack of water consumption and production profile in close correlation with peak electrical demand in our State. The project also includes an electric vehicle charging station, located on the North side of the facility adjacent to the public parking area, to raise additional awareness of the synergies between increased penetration of renewable energy generation and low emission electric vehicle transportation. Major components of this system include (390) REC Solar 250W modules mounted directly to the commercial metal roof, (1) PV Powered 50kW DC to AC inverter and (1) EV charging station. The system is designed to generate 135,620 kilowatt hours (kWh) per year, representing an annual energy savings of over $15,327.03. The cost per kilowatt hour will be $0.06. These figures have been calculated using Solar- Estimate.org. In order to maximize visibility and leverage the inherent educational opportunities associated with the production of solar electricity, this project includes a high end data monitoring system. A flat screen television monitor will be placed in a high traffic area of the facility and will display real-time data to staff, students, exhibitors, and visitors. Data will include information about the system’s energy production as well as the positive environmental impacts created by the production of clean, sustainable electricity. Several practical and technical benefits of this display include: Public Relations – Visible commitment to safeguarding the environment demonstrated by our use of clean power. Education – Offers an opportunity to educate our employees as well as the public at large about both the financial and environmental value of solar through custom video and real time data presentation. Conservation - Studies indicate that increasing consumer awareness of electricity use influences behavior, encouraging energy efficiency and can reduce individual usage by as much as 5-10%. Energy Management – Will be referenced and utilized by facility operations to more effectively manage energy production and use. Documentation - Ensures that our system is fully functioning and demonstrates that we are attaining the expected production and value from the system. Additionally, there are a number of aspects to this project that add interest and significance to the overall proposal. 1. System package value: The dollar-per-watt price proposal for this project is $3.20. The average price for an installation in the U.S. ranges from $5.50 to $6 per watt for a standard grid-tied photovoltaic system. This proposed system includes an elaborate data monitoring system, a significant and valuable benefit to the community. 2. Job creation: Our chosen contractor, Meridian Solar, has reported that this project would create from 2 to 3 additional jobs on their installation crew. B) In order to maximize visibility and leverage the inherent educational opportunities associated with the production of solar electricity, this project includes a high end data monitoring system. A flat screen television monitor will be placed in a high traffic area of the facility and will display real-time data to staff, students, exhibitors, and visitors. Data will include information about the system’s energy production as well as the positive environmental impacts created by the production of clean, sustainable electricity. Page 2
  • 225. SECO Innovative Energy Demonstration Grant ProgramPROJECT DESCRIPTION Several practical and technical benefits of this display include: Public Relations - Visible commitment to safeguarding the environment demonstrated by our use of clean power. Education – Offers an opportunity to educate our employees as well as the public at large about both the financial and environmental value of solar through custom video and real time data presentation. Conservation - Studies indicate that increasing consumer awareness of electricity use influences behavior, encouraging energy efficiency and can reduce individual usage by as much as 5-10%. Energy Management – Will be referenced and utilized by facility operations to more effectively manage energy production and use. Documentation - Ensures that our system is fully functioning and demonstrates that we are attaining the expected production and value from the system. Additionally, there are a number of aspects to this project that add interest and significance to the overall proposal. System package value: The dollar-per-watt price proposal for this project is $3.20/watt. The average price for an installation in the U.S. ranges from $5.50 to $6 per watt for a standard grid-tied photovoltaic system. This proposed system includes an elaborate data monitoring system, a significant and valuable benefit to the Kerrville community. Job creation: Our chosen contractor, Meridian Solar, has reported that this project would create from 2 to 3 additional jobs on their installation crew. I. General Project Scope 1. Meridian Solar will design, engineer, permit, install, interconnect, and commission a 97.5 kW (DC array power at STC) grid-tied, solar electric system. This scope will include, but not be limited to the following: a. Furnish and install all PV system components, including modules, inverter(s), DC combiners, and racking b. Furnish and install all electrical components required for a code-compliant interconnection including DC disconnects(s), AC disconnect(s), aggregation panel(s), wire, and conduit c. Furnish and install data monitoring and public display hardware, and configure monitoring system settings d. Perform trenching and pavement repair as required to install any underground electrical runs e. Arrange and complete inspection of the PV system with the local AHJ (Authority Having Jurisdiction). f. This preliminary design is based upon our initial evaluation and is subject to modification to further enhance or optimize the system, as recommended by our professional engineers during the comprehensive design and engineering process. II. Site-specific technical notes 1. Inverter(s) will be located adjacent to building in an area with sufficient clearances as defined in the NEC. 2. Meridian will provide a data monitoring system that will upload AC power and energy data to a third-party server for viewing over the internet and at the on-site public display screen. 3. PV modules located on standing seams roofs will be attached using non-penetrating clamps. PV modules located on roofs having exposed-fastener type metal decks will require roof penetrations at the attachment points. Except for those integrated with Meridian’s roof attachment system, no additional roof protection products are included. 4. Customer will assist in providing Meridian with documentation indicating the manufacturer, model, and gauge of roofing material in order to assist in the structural attachment design. 5. The conduit riser between the PV array and inverter(s) will run down the exterior wall of the building. III. Pricing Assumptions 1. Access to the parking lot, roof, electrical equipment, and any other areas necessary for the PV installation must be unencumbered. Overcoming site access restrictions may involve additional costs. 2. Customer shall provide or assist Meridian in locating available building plans and geotechnical reports. 3. Customer’s IT department is responsible for configuring network settings in order for the data acquisition server to communicate with the remote data storage and web hosting server. 4. A network cable and 120V power shall be provided by the customer at the monitoring server location. 5. The location selected by the customer for the public display screen shall have 120V power and a wired internet connection. The cost of wiring power and internet cables to the public display location is not included. 6. Existing electrical service must be fully compliant with the National Electrical Code and all local AHJ requirements. Customer will be responsible for correcting any existing violations. 7. Existing electrical service equipment must be of sufficient ampacity and have appropriate physical clearances, as defined by both the NEC and local AHJ to interconnect the proposed system. 8. Roof must have the structural capacity to support the additional load of the PV system and, in Meridian’s assessment, an adequate remaining lifespan. Page 3
  • 226. SECO Innovative Energy Demonstration Grant ProgramPROJECT DESCRIPTION 9. Where drilling and other excavations are required, soils will be free of rock, rubble, underground utilities, and groundwater. If any such subsurface conditions are present, the Customer will be responsible for the added costs. IV. Exclusions 1. No physical protection in the form of fencing, bollards, barriers, or other structures for any of the equipment is included in proposed pricing. 2. Internet service is required for the operation of the data monitoring system. Meridian’s proposal does not include internet service, nor does it include the configuration of network and firewall settings. 3. Meridian is not responsible for review or inspection fees from roofing manufacturers, installers, or warrantors. C) Previous energy conservation measures limited to insulation, windows, doors etc., required by the International Building Code and other applicable requirements in effect at the time of construction. Page 4
  • 227. SECO Innovative Energy Demonstration Grant ProgramPROJECT DESCRIPTION2B. Provide a description of the internal financial controls that will be used to ensure that SECO funds will only beused to pay qualified expenses.A separate account will be set up from which to disburse grant funds. A staff accountant and internal auditor will beassigned to monitor expenditures from the account.2C. Will this project provide education, public outreach and/or training on renewable energy? If so, please provideplanned education, outreach and/or training details. Include any partners or collaborating training institutions, etc.The City of San Angelo Development Corporation is excited have the opportunity to install a solar electric system on The SpurArena, not only to reduce our energy costs but to simultaneously fully utilize an opportunity in outreach and education in hopesof increasing the environmental consciousness of the surrounding community and providing a source of education to interestedstaff, visitors, exhibitors, event participants, and the general public.The Spur Arena hosts a wide variety of activities including rodeos, agricultural events, stock shows, rodeo events, and more,creating a tremendous opportunity for visibility and outreach.We will accomplish education and outreach in multiple ways: By joining Meridian Solar in their Partners in Shine Program, we will work together to produce an educational video describing the specific benefits of solar to our facility and community at large. This content will be available online at www.MeridianSolar.com, and will accessible to local schools, community organizations and the general public. It will also be displayed on the monitoring system in a centrally located public area. Graphic signage illustrating how solar works and the benefits of utilizing clean energy will also be displayed in centrally located public area for visitors to view. Paper flyers chronicling specific impacts of the system will also be available as handouts located centrally in a public area. Page 5
  • 228. SECO Innovative Energy Demonstration Grant ProgramPROJECT DESCRIPTION2D. Provide an accurate date that the project will be completed. The grant funds must be completely expended on orbefore August 31, 2013, the end of the fiscal year. Do the matching funds require any additional approvals in order to befully authorized? If so, please explain, including the estimated date (month and year) of any necessary approvals.Project Installation ScheduleThe City of San Angelo Development Corporation Spur Arena project will be completed within 2 - 3 months of grant award.Meridian has extensive experience with timely execution of projects of similar size and scope, including more than 1 MW ofsuccessful, timely installation of SECO funded projects.Please see Construction Schedule below. Page 6
  • 229. SECO Innovative Energy Demonstration Grant Program3. PROJECT PLAN FUNDINGPROJECT PLAN FUNDING3A. Please complete the following:If awarded, list the type of equipment that will be purchased with grant funding. Include the technology to be purchased,estimated cost per watt and installation cost. A breakdown of each cost is required (the calculations documents should beincluded with the application).(A) Technology (B) kW (C) Installation (D) Total (E) Amount capacity Costs Cost Requested and cost per wattPhotovoltaics 97.5kW $56,209.56 $312,325.97 $249,860.78 Carport EV Charging Station $3.203 $ $ $City of San Angelo Permit Fees $ $1,000 $0Paid by Development Corporation $$249,860.78 Total project amount to be purchased using grant fundsCalculation Documentation:Row Labels Sum of TotalEQP $ 237,149.63LBR $ 56,209.56SUP $ 18,966.78Grand Total $ 312,325.97 Page 7
  • 230. SECO Innovative Energy Demonstration Grant Program4. PROJECT PLAN MATCH FUNDING LIST/CERTIFICATIONPROJECT PLAN MATCH FUNDS (Cash, Equipment , Materials/Supplies and personnel4A. Cash (MATCH) A. Source and Contact Information B. Amount Half Cent Sales Tax administered by Development Corporation $62,465.19 $ Total Matching Cash $62,465.194B. Equipment (MATCH) A. Source and Contact Info. B. Description C. Source of Valuation D. ValueN/A $ $ Total Value of Matching Equipment $ N/A4C. Materials/Supplies (MATCH) A. Source and Contact Info. B. Description C. Source of Valuation D. ValueN/A $ $ Total Value of Matching Materials/Supplies $ N/A4D. Personnel (MATCH) (Reasonable Costs Directly Attributable To The Program) A. Source and Contact Info. B. Description C. Source of Valuation D. ValueN/A $ $ Total Value of Personnel $ N/A4E. Total Matching Funds (Matching Funds Are Restrictive To The Above Categories):Item 4A. Cash $62465.19Item 4B. Equipment $ -Item 4C. Materials/Supplies $ -Item 4D. Personnel (Costs Directly Attributable To The Program) $ - Total Matching Funds $62465.19Signature and Certification by Applicant Chief Financial OfficerI certify that I am the Chief Financial Officer and that I have reviewed this application, including commitment ofmatching funds. The information provided is accurate to the best of my knowledge and in my best professional judgment.Signature Printed Name and Title Date Michael Dane, Treasurer Page 8
  • 231. SECO Innovative Energy Demonstration Grant Program1. ATTACHMENT B – EVALUATION FORMEvaluation: Applicant must fulfill minimum requirements under Total Applicant’s ScoreSection 5.1 to be eligible for funding. Applicant should also score 5.2 Possible Assigned Score Assigned byand 5.9 to determine funding eligibility. Points SECO5.1 Check the correct box for the following questions to determine eligibility  Is the applicant a publically funded entity?  Yes  No (application is not eligible)  If applicant requires additional approvals for the program included in the application, will all approvals be in place within 30 days of the date of the award notification from SECO?  Yes  No (application is not eligible)  Does the budget include indirect or administrative costs?  Yes (application is not eligible)  No Does the budget include eligible matching funds equal to a minimum of 20% of total project cost?  Yes  No (application is not eligible) In order to protect our historic sites, a Texas Historical Commission consultation is required on all renewable energy projects.  Yes, a request for consultation has been made to the Texas Historical Commission  No, but if awarded the consultation request will be provided to SECO before contract execution* Texas Historical Commission, request for State Historical Preservation Office consultation - http://www.thc.state.tx.us/crm/crmsend.shtml Page 9
  • 232. SECO Innovative Energy Demonstration Grant Program Total Score Possible Applicant’s Assigned by Description Points Assigned Score SECO5.2 County Population*  Less than 10,000, score 10 10 0  10,001 to 30,000, score 5  30,001 or greater, score 0*U.S. Census Bureau Population estimates for Texas Counties (July 1,2008): http://quickfacts.census.gov/qfd/states/48000lk.html5.3 How soon after award of grant funds will the project be completed?* 20 20  2-3 months, score 20 points  4-5 months, score 10 points *Project completion date will be a specific deliverable in the resulting contact, if any is awarded. The project funds must be expended on or before August 31, the end of the 2013 Fiscal Year. Failure to meet deliverables may result in termination of the contract.5.4 The reasonableness (fairly priced) of the total cost per kilowatt hour installed by technology. Please use the Solar Estimator website http://www.solar-estimate.org/. This site allows you to 20 ????? estimate solar PV, solar thermal or wind energy. There are -Need Billing assumptions built into the estimator and will provide a levelized info cost per kWh of the project by allowing you to incorporate different inputs according to the size of system you are considering. The printable calculations are required, please attach.  $.19 - $.22 per kilowatt hour, score 5 points  $.13 - $.18 per kilowatt hour, score 10 points  $.06 - $.12 per kilowatt hour, score 15 points  $.05 or less per kilowatt hour , score 20 points5.5 If a hybrid (hybrid systems combine two or more renewable systems for the same device, that when integrated, overcome limitations inherent in either) is proposed and 20 20 provides a lower levelized cost per kilowatt hour, this score is applicable. If the installed renewable energy system is combined with an electric vehicle charging station, this score is applicable  Yes, score 20 points  No, score 0 points Page 10
  • 233. SECO Innovative Energy Demonstration Grant Program Total Score Possible Applicant’s Assigned by Description Points Assigned Score SECO5.6 Will the project have an education and outreach component that provides an opportunity for the student, staff and members of the community to understand the benefits and outcomes of the project? 20 20  Yes, score 20 points If yes, please provide a brief but detailed description in area 2C of the project description  No, score 0 points5.7 Site selection is important to the project to ensure full benefit and to promote the use of renewable energy.  Visible to General Public, staff and/or students, score 20 20 20 points  Visible to internal staff or students, score 10 points  No visibility, score 0 points5.8 Ability to view renewable energy production information. If the production information is available via each method listed, the score will total 20 points. If not, each method is worth 5 points each.  Via an internet portal, similar to the 20 20 http://infinitepower.soltrex.com/, score 5 points  Via an internal information kiosk, score 5 points  Via detailed signage, score 5 points  Via informational flyers, score 5 points5.9 Installation or incorporation of energy conservation measures or existing renewable energy systems. If this is not addressed in the Project Description, please do not include a score.  Previous energy conservation measures, score 15 points 20 15  Existing renewable energy system, score 5 points  Installation or incorporation of both, score 20 points Maximum Base Score 150 ??? Total Score Assigned By Applicant Total Score Assigned By SECO Page 11
  • 234. RESOLUTION RATIFYING THE FILING OF AN APPLICATION BY THE CITY OFSAN ANGELO DEVELOPMENT CORPORATION WITH THE TEXAS STATEENERGY CONSERVATION OFFICE FOR THE INSTALLATION OF SOLAR PANELSAND AN ELECTRIC VEHICLE CHARGING STATION AT THE SPUR ARENAPROMOTING AND DEMONSTRATING RENEWABLE ENERGY TECHNOLOGYAND AS A SUPPLEMENTAL ELECTRICAL SOURCE WHEREAS, the Texas State Energy Conservation Office (“SECO”) has provided anapplication process for an Innovative Energy Demonstration Grant for the funding of proposedsolar energy photovoltaic systems (“PV Systems”); and, WHEREAS, the SECO has budgeted $2,000,000.00, in competitive grants for the fiscalyear through August 31, 2013, with the maximum individual grant award not to exceed$250,000.00; and, WHEREAS, the San Angelo Development Corporation Board of Directors has preparedan application for the grant, and if awarded has resolved to fund the required twenty percent(20%) local match for a grant award of up to the maximum amount, plus related costs; and, WHEREAS, promoting and pursuing the grant for the promotion and demonstration ofrenewable energy technologies, and providing for an alternate power source for the Spur Arena,will serve a public use and benefit; NOW THEREFORE BE IT RESOLVED BY THE SAN ANGELO CITY COUNCIL,THAT: The application by the San Angelo Development Corporation for an Innovative EnergyDemonstration Grant from the Texas State Energy Conservation Office for an individual grantnot to exceed $250,000.00, with twenty percent (20%) matching local funds to be provided bythe development corporation, for purposes of the installation of solar panels and an electricvehicle charging station at the Spur Arena to promote and demonstrate renewable energytechnologies, and providing for an alternative power source for the Spur Arena, is herebyapproved and ratified.. PASSED AND APPROVED this day of December, 2013. THE CITY OF SAN ANGELO, TEXAS ________________________________ Alvin New, MayorATTEST:________________________________Alicia Ramirez, City Clerk
  • 235. APPROVED AS TO CONTENT: APPROVED AS TO FORM:________________________________ ________________________________Robert Schneeman, Lysia H. BowlingCommunity & Economic Development City AttorneyCoordinator
  • 236. City of San Angelo Finance DepartmentMemo Date: March 25, 2013 To: Mayor and Councilmembers From: Laura Brooks, Budget Analyst, Sr. Subject: Agenda Item for April 2, 2012 Council Meeting Contact: Morgan Trainer, Budget Manager, 653-6291 Caption: Regular Discussion of cost related to TMRS COLA increase Summary: This item summarizes the costs associated with the COLA increase from 50%-70% in TMRS rates. This item was also discussed during the 11-20-12 Council Meeting. History: The current TMRS rate is 18.93%. This discussion considers the cost of raising the rate to 22.26% Financial Impact: $ 690,444 General Fund Increase $ 344,676 Other Funds Increase $1,035,120 Total Increase Related Vision Item (if applicable): N/A Other Information/Recommendation: None Attachments: None Presentation: PowerPoint Publication: N/A Reviewed by Service Area Director: Michael Dane
  • 237. City CouncilApril 2, 2013
  • 238. TMRS COLA Increase• 2013 TMRS rate (50% COLA) = 18.93%• 2013 rate with 70% COLA = 22.26%• Increase of 3.33%• Estimated cost = $1,035,120
  • 239. City CouncilApril 2, 2013
  • 240. City of San AngeloMemo Date: March 14, 2013 To: Mayor and Councilmembers From: Lisa Marley, Director of Human Resources & Risk Management Subject: Agenda Item for April 2, 2013 Council Meeting Caption: Administrative Item Consideration of Civil Service Commission nomination by City Manager and approval by City Council. Summary: In January 2012, Royce Burrows resigned as Commissioner of the Civil Service Commission having served on the Commission since 2006. A search has been underway to fill that vacancy. Presently Raul Lopez and Teresa Special are appointed to the Commission. At present, there is one vacancy on the three-member Commission. History: In accordance with the Local Government Code 143, members of the Civil Service Commission are appointed by the City Manager and approved by the City Council. The term of office for each Commissioner is a three (3) year term. There is no term limitation for Commission members. The principle role of the Commission is to hear appeals on disciplinary actions, terminations or promotional examinations with the focus being on whether or not the civil service rules and regulations are being obeyed. Financial Impact: None. Other Information/Recommendation: All Commissioners shall be of good moral character, a citizen of the United States, a resident citizen of San Angelo, shall have resided in San Angelo for a period of more than three (3) years, shall be over the age of twenty-five (25) years, and shall not have held any public office within the preceding three (3) years. Having met these requirements, it is recommended that Keith Hidalgo be approved as Commissioner. Attachments: Application for Boards & Commissions for Keith Hidalgo. Reviewed by Service Area Director: Lisa Marley, Director of Human Resources & Risk Management, March 14, 2013.