December 3, 2013 Agenda packet

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December 3, 2013 Agenda packet

  1. 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, December 3, 2013 McNease Convention Center, South Meeting Room 500 Rio Concho Drive San Angelo, TX 76903 THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES. ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK, ROOM 208, 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. every day 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 “Concho Christmas Celebration Day”, Saturday, December 7, 2013, to be accepted by Lee Pfluger, President of Concho Christmas Celebration “Giving Tuesday, December 3, 2013”, to be accepted by Kaete Sullivan, Development Director of ICD, Inc., Stonebridge Training Residence, Newbridge Family Shelter, and Roland Nadeau, Public Relations & Marketing with Christians in Action D. Recognition “River Fest Committee”, Coordination of and hosting by various organizations and individuals of the River Fest, a celebration of the completion of the Concho River Improvements Project and the 100th Anniversary of Santa Fe Park 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. On public hearing items, public input will be received on each item immediately following the Council discussion and prior to any action on the item. Each member of the public should make their remarks from the podium and begin by stating their name. Remarks by each citizen will be limited to three to five minutes, unless waived by a council member for all speaking on that matter. No individual will be allowed to speak more than once on any one subject until every citizen wishing to comment has done so. City Council Agenda Page 1 of 5 December 3, 2013
  2. 2. II. CONSENT AGENDA 1. Consideration of approving the November 19, 2013 City Council Regular meeting minutes 2. Consideration of awarding Competitive Sealed Proposal WU-02-13 for the 2013 Rio Concho Sewer Line Improvements to Darnell Construction, LLC of San Angelo, Texas in the amount of $2,093,869.54, authorizing staff to negotiate a contract, and authorizing the City Manager to execute said contract and any related documents (K. Krueger) 3. Consideration of adopting a Resolution authorizing the City Manager to execute a consulting services agreement and any necessary related documents between the City of San Angelo, Texas and MGT of America, Inc., for the provision of two separate indirect cost allocation plans; one being an annual OMB A-87 compliant indirect cost allocation plan based on actual costs for fiscal year 2012, and the other being an annual GAAP compliant full cost allocation based on budgeted costs for FY 2014, said agreement being in the amount $11,500.00 and to be effective December 1, 2013 through November 30, 2014, and providing for an option to renew for two (2) additional years (T. Bunnell) 4. Consideration of adopting a Resolution ratifying acceptance by the City Manager on behalf of the City, of the Texas Department of Public Safety fiscal year 2013 Emergency Management Performance Grant (EMPG) award #13TX-EMPG-0885 in the revised amount of Sixty-Two Thousand Seven Hundred Ninety-Five and 35/100 Dollars ($62,795.35); and authorizing the City Manager to execute any other related documents (S. Mild) 5. Second Hearing and consideration of adopting an Ordinance amending Chapter 10, Traffic Control regarding the operation of golf carts (T. Vasquez) AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 10, TRAFFIC CONTROL, OF THE SAN ANGELO CODE OF ORDINANCES, TO ADD A NEW ARTICLE 10.1700, ENTITLED “OPERATION OF GOLF CARTS ON PUBLIC STREETS” IN ORDER TO ALLOW AND REGULATE THE OPERATION OF GOLF CARTS ON ANY PART OF THE TRAFFIC AREA OF ANY PUBLIC STREET OR HIGHWAY WITHIN THE CITY LIMITS WHERE THE POSTED SPEED LIMIT IS NOT MORE THAN THIRTY (30) MILES PER HOUR, PROVIDING DEFINITIONS, ESTABLISHING LIMITATIONS ON SUCH OPERATION, ESTABLISHING REQUIREMENTS FOR EQUIPMENT, ANNUAL REGISTRATION, ESTABLISHING ADMINISTRATIVE PROCESSES, ESTABLISHING A REGISTRATION FEE, PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE, AND AMENDING APPENDIX A, ENTITLED ARTICLE 3.000 BUSINESS RELATED FEES TO ADD A NEW SECTION 3.1300 GOLF CART REGISTRATION FEE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE 6. Second Hearing and consideration of adopting an Ordinance amending the continuance to levy and collect a one-half cent sales and use tax as approved by the voters in the November 2, 2010 Special Election (B. Schneeman) AN ORDINANCE AMENDING ARTICLE 2.3600 ECONOMIC DEVELOPMENT CORPORATION OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BY AMENDING SECTION 2.3606 TO ADD A NEW SUBSECTION 1 TO INCLUDE THE PROJECTS ALLOWED IN SECTION 4B OF ARTICLE 5190.6 V.A.C.S., AS AMENDED, (HEREINAFTER “ACT”) FOR THE CITY OF SAN ANGELO TO CONTINUE TO LEVY AND COLLECT A ONE-HALF CENT SALES AND USE TAX, SAID PROJECTS HAVING BEEN APPROVED BY THE VOTERS IN THE NOVEMBER 2, 2010 SPECIAL ELECTION TO BE UNDERTAKEN AS ALLOWED BY THE ACT IN ACCORDANCE WITH THE RESULTS OF THE SAID SPECIAL ELECTION; AND TO RESTATE AND RENUMBER SECTION 2.3606 IN ITS ENTIRETY; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE City Council Agenda Page 2 of 5 December 3, 2013
  3. 3. 7. Second Hearing and consideration of adopting an Ordinance amending the 2013-2014 Budget (M. Chegwidden) AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014, FOR ENCUMBRANCES, RESTRICTED AND DEDICATED MONIES, INCOMPLETE PROJECTS, AND GRANTS 8. Consideration of selecting Image Trend for RFP FD-02-13, authorizing staff to negotiate a Fire Department records management system contract between the City of San Angelo and Image Trend for software, annual maintenance and hardware, and for additional hardware to be purchased from other vendors, in a total combined amount not to exceed $210,000.00, and authorizing the City Manager to execute said contract and any related documents (S.Farris) III. 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 under the following sections:  Section 551.071(2) to consult with its 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  Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding  recreational, agricultural and grazing leases and Airport/Mathis Field property  Section 551.074(a)(1) to deliberate the evaluation and duties of the City Manager  Section 551.087 to discuss an offer of financial or other incentive to Hirschfeld Energy Systems, LLC 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 9. Consideration of authorizing 2014 Premiums for health, dental and post-65 health insurance as well as discussion regarding stop loss and vision rates and any related action in connection thereto (Presentation by Human Resources Director Lisa Marley) 10. Second Public Hearing and consideration of adopting an Ordinance relating to the City of San Angelo’s application of existing policies regarding commercial property development moratorium and related matters AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, (“CITY”) ADOPTING A COMMERCIAL PROPERTY DEVELOPMENT MORATORIUM IN ACCORDANCE WITH STATE LAW UPON PUBLIC HEARING AND ISSUANCE OF WRITTEN FINDINGS; TO EXPIRE NINETY (90) DAYS AFTER THE DATE THE MORATORIUM IS ADOPTED; INCLUDING BUT NOT LIMITED TO, APPROVAL OF NEW APPLICATIONS FOR COMMERCIAL PROPERTY DEVELOPMENT RELATING TO MOBILE HOMES, MANUFACTURED HOUSING PARKS AND RECREATIONAL VEHICLE PARKS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE (Presentation by Interim Development Services Director AJ Fawver) City Council Agenda Page 3 of 5 December 3, 2013
  4. 4. 11. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z13-37: SKG Engineering 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: 17 West 8th Street, located approximately 200 feet west of the intersection of West 8th Street and North Chadbourne Street. This property specifically occupies the Miles Addition, Block 23, Lot 5, in north central San Angelo, changing the zoning classification from Two-Family Residential (RS-2) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planner Kevin Thomas Boyd) 12. First Public Hearing and consideration of introducing an Ordinance authorizing abandonments of public streets and right-of-ways in the Fairview Addition, Block 66, 67 and 74 in north central San Angelo AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF UNIMPROVED STREETS AND ALLEY SEGMENTS, TO WIT: An 80' wide portion of the unimproved public right-of-way for Florence Street, extending approximately 680' northward from Hughes Street and immediately south of the railroad right-of-way (to include portions of the 100' right-of-way of Hughes Street), an approximately 100' x 270' portion of unimproved public right-ofway of Velma Street - And - a 20' x 430' alley right-of-way in Blocks 66 and 67 and 20' x 35' alley right-of-way in Block 74 of the Fairview Addition, in north central San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS (Presentation by Planner Kevin Thomas Boyd) 13. First Public Hearing and consideration of introducing an Ordinance authorizing abandonments of public streets and right-of-ways in the Miles Addition Block 32 in north-central San Angelo AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING ALLEY, TO WIT: An approximately 20 foot wide x 495 foot long portion of alley running east to west, perpendicular to Martin Luther King Drive located in Block 32 of the Miles Addition in north-central San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS (Presentation by Interim Development Services Director AJ Fawver) 14. Public Hearing and consideration of approving an amendment to the 2013 Annual Action Plan for use of CDBG funds for Neighborhood Blitz and authorizing staff to submit said amendment to HUD and any related action thereto (Presentation by Neighborhood and Family Services Director Bob Salas) 15. Public Hearing and consideration of approving the 2012 Consolidated Annual Performance and Evaluation Report (CAPER) and authorizing staff to send CAPER to HUD and any related action thereto (Presentation by Neighborhood and Family Services Director Bob Salas) City Council Agenda Page 4 of 5 December 3, 2013
  5. 5. 16. Consideration of authorizing staff to negotiate the purchase of a Fire Engine via Buy-Board purchasing coop from Hall Motors a Ferrara dealer, authorizing additional equipment purchases from other vendors, in a total combined amount not to exceed $460,000.00, and authorizing the City Manager to execute said contract and any related documents (Presentation by Assistant Fire Chief Scott Farris) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 17. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed 18. Consideration of approving a Board nomination by Council and designated Councilmembers: a. Zoning Board of Adjustment: John Haydn (SMD2) to a 1st term January 2015 19. Announcements and consideration of Future Agenda Items 20. Adjournment The City Council reserves the right to consider business out of the posted order, and at any time during the meeting, reserves the right to adjourn into executive session on any of the above posted agenda items which are not listed as executive session items and which qualify to be discussed in closed session under Chapter 551 of the Texas Government Code. Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Tuesday, November 26, 2013, 2013, at 5:30 P.M. /s/________________________ Alicia Ramirez, City Clerk City Council Agenda Page 5 of 5 December 3, 2013
  6. 6. #GivingTuesday Proclamation WHEREAS, Giving Tuesday was established as a national day of giving on the Tuesday following Thanksgiving; and WHEREAS, Giving Tuesday is a celebration of philanthropy and volunteerism where people give whatever they are able to give; and WHEREAS, Giving Tuesday is a day where citizens work together to share commitments, rally for favorite causes, build a stronger community, and thing about other people; and WHEREAS, it is fitting and proper on Giving Tuesday and on every day to recognize the tremendous impact of philantrophy, volunteerism, and community service in the City of San Angelo; and WHEREAS, Giving Tuesday is an opportunity to encourage citizens to serve others throughout this holiday season and during other times of the year. NOW, THEREFORE, I, Dwain Morrison, Mayor of the City of San Angelo, do hereby proclaim December 3, 2013 as Giving Tuesday In the City of San Angelo, and encourage all citizens to join together to give back to the community in any way that is personally meaningful. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of San Angelo, TEXAS, to be affixed this 3rd day of December 2013. Dwain Morrison Mayor
  7. 7. PROCLAMATION WHEREAS, The Nineteenth Annual City of San Angelo Concho Christmas Celebration with over 3 million lights is one of the largest Christmas lighting displays in the state; and, WHEREAS, The display offers a two and one-half mile walking or driving tour beginning behind the Main Post Office on the corner of Abe Street and First Street and ending at El Paseo de Santa Angela; and, WHEREAS, Those involved consist of hundreds of volunteers, including offenders from the Department of Corrections who assist with installation of Christmas scenes and hang lights, the San Angelo Restaurant Association who supply food to the inmates, R.S.V.P. who deliver inmates’ food: and, WHEREAS, The Community Christmas Tree Lighting Ceremony will be held Saturday, December 7th of 2013, at 5:15 p.m. at the corner of South Chadbourne and West Concho Avenue. Activities will include the San Angelo Community Band conducted by Dr. Constance Kelley of Angelo State University, the Harmony Belles Chorus directed by Libby Cammack, and the Twin Mountain Tonesmen directed by Mark Clark; and, WHEREAS, The Community Tree lighting will be followed by the 12th annual Lights of Christmas Parade, at 6:00 p.m. which may be viewed on 2nd Street between Oakes & Chadbourne, on Chadbourne between 2nd Street & Concho, on Concho between Chadbourne & Oakes, on Oakes back to 2nd Street; and, WHEREAS, The Tour of Lights can be seen Sunday through Thursday from 6:00 - 10:00 p.m., and each Friday and Saturday from 6:00 p.m. midnight, December 6th through December 31st, 2013. NOW, THEREFORE, I, Dwain Morrison, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby declare Saturday, December 7th of 2013, as CONCHO CHRISTMAS CELEBRATION DAY and encourage citizens to join the activities and view the magnificent display that has become a treasured community event. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 3rd day of December 2013.
  8. 8. THE CITY OF SAN ANGELO DWAIN MORRISON, MAYOR
  9. 9. Recognition -- River Fest This is in recognition of the several organizations and individuals who came together to coordinate and host River Fest, a celebration of the completion of the river improvements project and the 100th anniversary of Santa Fe Park. Event organizers included: City of San Angelo -- Angelica Pena, Roger Havlak, MaryAnn Vasquez, Bob Bluthardt, Mike Hitchcock, Lori Davila, Ida Rios, Carl White, SAPD – Sgt. Korby Kennedy and Sgt. Clay Weiting San Angelo Host – Carlo Campanelli Downtown San Angelo – Del Velasquez Convention and Visitors’ Bureau – Pamela Miller and Jenni Campbell Mclaughlin Advertising – Stephen Mclaughlin San Angelo Museum of Fine Arts – Howard Taylor Girl Scouts – Beth Vogel Vega Washer Pitching – Alex Vega Race Texas (Color Up 5K) – Jim Ross Art in Uncommon Places – Julie Raymond and Sue Rainey Two Pro Management (Santa Fe Golf Course) – Steve McNabb and Duane Poss International Water Lily Collection – Ken Landon Soundstage and Songwriters’ Association – Joseph Ashmore Volunteers came from: Angelo State University students – Sanford Mouton Lake View High School JROTC Central High School Key Club Goodfellow AFB We give a special thanks to Anthony Wilson and Brian Groves for event promotion and coverage. On October 18 and 19, 2013, more than 7,000 people enjoyed several activities along the river including: the unveiling of the sculptures at the Salmon Sculpture Garden, music at the RiverStage including the Texas Tornados, a Color Up 5K with more than 2,300 recreational runners, canoe races, Eco Fair, Kids Court with petting zoo, pony rides and bouncy houses, music by the Soundstage and Songwriters’ Association, Vega Washer Pitching tournament and music at the RiverStage by Casey James and Little Texas. The event raised $1,500 for the Wounded Warrior Project and more than $12,000 for tree planting along the river. We recognize the effort it took to coordinate and host the event and, on behalf of the City, I would like to thank you.
  10. 10. CITY COUNCIL MINUTE RECORD The City of San Angelo Tuesday, November 19, 2013 Page 31 Vol. 105 OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at A.M., Tuesday, November 19, 2013, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized members of the Council, to-wit: Mayor, Dwain Morrison Councilmember Rodney Fleming Councilmember Marty Self Councilmember Johnny Silvas Councilmember Don Vardeman Councilmember H.R. Wardlaw Councilmember Charlotte Farmer were present and acting, with the exception of, thus constituting a quorum. Whereupon, the following business was transacted: An invocation was given by Trenton Massey, Senior at TLC and pledge was led by Truett Bailey, Kindergartner, and Davis Bailey, 2nd Grader at Angelo Catholic School. RECOGNITIONS Brian Groves, Multimedia Coordinator for the City of San Angelo, recognized for his selection as one of the Standard-Times’ 20 Under 40 honorees, recognizing accomplished young professionals in our community. Brian Groves, Multimedia Coordinator for the City of San Angelo, recognized for the six statewide video awards our office won at last month’s annual convention of the Texas Association of Telecommunications Officers and Advisors. That included five second-place awards and one first-place honor. Students recognized for participating in the San Angelo Independent School District Vocational Program and working for various City of San Angelo Departments: Students: John Gibson, Jarrod Weiss, Alberto Frias, Quirt Edwards; Job Coaches: Tawnya Fowler and Leslie Deans; Staff Speaking: Becca Flores, Vocational Adjustment Coordinator for SAISD. PUBLIC COMMENT Mayor Morrison recognized San Angelo Central High School Bobcat Football players John Archuleta and Coach Brent Davis for the recent district win. Mayor Morrison also recognized TLC High School Eagles Football players Jay Mayberry, Chris Marris, Trenton Massey, and Cheerleaders Stephanie __, Rebecca Way, Isabel Rosales for their district win. Mayor Morrison announced City Manager Daniel Valenzuela will be attending a West Texas Water Partnership meeting in Odessa and Assistant City Manager/Chief Financial Officer Michael Dane will be facilitating the meeting. Kathy Ballard, Concho Valley Workforce Development Board, announced and invited the public to the West Texas Energy Consortium Inaugural Conference and Economic Impact Presentation at Howard College in Big Spring, Texas, on December 3, 2013. Public comments were made by Jerry Sea, WTOS Member and St. Paul Baptist Church.
  11. 11. Page 32 Vol. 105 Minutes November 19, 2013 A farewell speech was given by Jeff Hintz, outgoing Interim Senior Planner. Councilmember Silvas commented on a constituent’s water bill and stressed the importance of contacting the Water Utilities Billing Department for assistance. CONSENT AGENDA APPROVAL OF THE NOVEMBER 5, 2013 CITY COUNCIL REGULAR MEETING MINUTES AWARD OF BID TR-02-13/THERMOPLASTIC STRIPING TO FLAT LINE INC. (CHILDRESS, TX) FOR INSTALLATION OF PAVEMENT MARKINGS ON 2013 SEAL COATED STREETS, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE ANY NECESSARY RELATED DOCUMENTS (P.FRERICH) SELECTION OF SUDDENLINK BUSINESS FOR RFP IT-01-13 TO PROVIDE LONG DISTANCE PHONE SERVICE AND PHONE CONNECTIVITY (PRIS AND POTS) SERVICES, AUTHORIZATION FOR STAFF TO NEGOTIATE A FIVE YEAR CONTRACT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SUPPLEMENTAL LEASE AGREEMENT NO. 4 TO LEASE GS-07B-15605, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL RELATED DOCUMENTS BETWEEN THE CITY OF SAN ANGELO AND THE UNITED STATES GENERAL SERVICES ADMINISTRATION (U.S. GSA) AT SAN ANGELO REGIONAL AIRPORT AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO ESTABLISH THE FAIR MARKET VALUE OF 0.067 ACRES OF SURPLUS PROPERTY ADJACENT TO LOT 1, BLOCK 1, GROUP 4, LAKE NASWORTHY ADDITION, CITY OF SAN ANGELO, TOM GREEN COUNTY, IN SOUTHWEST SAN ANGELO, FOR PURPOSES OF DISPOSING OF SURPLUS PROPERTY AND THE AUTHORITY TO EXECUTE ALL DOCUMENTS NECESSARY TO CONVEY THE SURFACE ESTATE ONLY IN THE SURPLUS PROPERTY BY SPECIAL WARRANTY DEED TO THE ADJACENT LOT OWNER, RESERVING UNTO THE CITY OF SAN ANGELO BLANKET DRAINAGE AND UTILITY EASEMENTS AUTHORIZATION FOR THE SALE OF THE FOLLOWING PROPERTIES FOR THE APPRAISED VALUE AND AUTHORIZATION FOR THE MAYOR, CITY MANAGER, OR WATER UTILITIES DIRECTOR TO EXECUTE ALL NECESSARY LEGAL DOCUMENTS PERTAINING TO THE SALE OF SUBJECT PROPERTIES, SUBJECT TO COMPLETION OF ALL CURATIVE REQUIREMENTS 3005 Red Bluff Circle, Lot 56, Group Red Bluff, $93,700.00 (Durham) 2171 Gun Club Road, Lot 11A, Block 1, Group 10, $23,900.00 (Ng) ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT FOR AERIAL DECK AND SUPPORTING STRUCTURES BETWEEN THE CITY OF SAN ANGELO AND 333 SOUTH CHADBOURNE LLC FOR CONSTRUCTING AND MAINTAINING ONE AERIAL DECK AND SIX SUPPORTING STRUCTURES ON AND OVER CITY-OWNED PROPERTY IDENTIFIED AS LOT 4 OF THE O. B. SAMPSON SUBDIVISION OF LOTS 1 TO 10 IN BLOCK B OF THE MAIN PART OF THE CITY, AND SUCH OTHER INSTRUMENTS AS MAY BE NECESSARY OR CONVENIENT FOR CARRYING OUT SUCH PURPOSES; AND FINDING A PUBLIC PURPOSE AND BENEFIT THEREIN (Page 41 , #2013-11-153) ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A TAX-RESALE (QUITCLAIM) DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SAN ANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAX FORECLOSURE JUDGMENT OR TAX WARRANT: (Page 43, #2013-11-154)
  12. 12. Minutes November 19, 2013 Page 33 Vol. 105 2118 Shelton, (Stephens), S 50' of N 100' of W 150' of Lot 7, Block 3, Home Acres, $1,886, Suit No. A-110193-TAX ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANGER TO EXECUTE AN EASEMENT AND RIGHT OF WAY TO AEP TEXAS NORTH COMPANY, GRANTING A 15’ PERPETUAL EASEMENT AND RIGHT OF WAY FOR ELECTRIC DISTRIBUTION LINES ON 20.087 ACRES OF LAND OWNED BY THE CITY OF SAN ANGELO AND UNDER LEASE TO HOWARD COUNTY JUNIOR COLLEGE DISTRICT; SAID LAND BEING LOCATED AT 3501 N. US HWY 67, COMMONLY KNOWN AS THE WEST TEXAS TRAINING CENTER, AND BEING FOR THE BENEFIT OF HOWARD COUNTY JUNIOR COLLEGE DISTRICT (Page 45, #2013-11-155) SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2013-2014 BUDGET FOR A CONTRACT CHANGE ORDER (Page 47, #2013-11-156) AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014, FOR A CONTRACT CHANGE ORDER SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 51, #201311-157) Z 13-36: SAS Texas Properties LLC 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, located approximately 800 feet south from the intersection of Humble Road & North Bryant Boulevard. This property specifically occupies the Lakeside Gardens Addition, Block One, Lots 28-31 in northwestern San Angelo, changing the zoning classification from Heavy Commercial (CH) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 53, #201311-158) Z 13-34: The River San Angelo Church, 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: 5050 Lake Drive, located approximately 800 feet southeast of the intersection of North Chadbourne Street and Lake Drive; more specifically occupying the Julia A. Bailey Subdivision, being 4.384 acres out of the south part of Block 8, Lot 2, in northwest San Angelo, changing the zoning classification from Ranch & Estate (R&E) and General Commercial/Heavy Commercial (CG/CH) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY SECOND HEARING AND ADOPTION OF AN ORDINANCE AUTHORIZING ABANDONMENT OF THE COMPLETE UNIMPROVED 60-FOOT WIDE PUBLIC RIGHT-OF-WAY FOR NELSON AVENUE EXTENDING NORTH FOR A DISTANCE OF 485 FEET FROM ERA STREET, EAST OF BLOCK 3, LOTS 8-13 OF THE GOODFELLOW COURT ANNEX, AND IMMEDIATELY WEST TO PROPERTY OUTSIDE OF THE CITY LIMITS, -AND- AN ABANDONMENT OF THE COMPLETE 13-FOOT WIDE
  13. 13. Page 34 Vol. 105 Minutes November 19, 2013 RIGHT-OF-WAY FOR AN ALLEY EXTENDING WEST OF NELSON AVENUE AND DIRECTLY NORTH OF THE GOODFELLOW COURT ANNEX, BLOCK 3, AND ADJACENT TO THE ENTIRE NORTHERN LENGTH OF LOT 8 OF SAME SUBDIVISION IN EAST SAN ANGELO (Page 55, #2013-11159) AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING UNIMPROVED STREET SEGMENT AND UNIMPROVED ALLEY SEGMENT TO WIT: a complete unimproved 60-foot wide public right-of-way for Nelson Avenue extending north for a distance of 485 feet from Era Street, east of Block 3, Lots 8-13 of the Goodfellow Court Annex, and immediately west to property outside of the City Limits, -AND- an abandonment of the complete 13-foot wide right-of- way for an alley extending west of Nelson Avenue and directly north of the Goodfellow Court Annex, Block 3, and adjacent to the entire northern length of Lot 8 of same subdivision in east San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS Motion, to approve the Consent Agenda, as presented, was made by Councilmember Farmer and seconded by Councilmember Vardeman. Motion carried unanimously. REGULAR AGENDA: PUBLIC HEARING AND COMMENT FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO Z13-28: Greg Huling 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 5 acre tract, located approximately 280 feet south of the intersection of Southland Boulevard and Green Meadow Drive. This property specifically occupies the Community of Faith subdivision, Block 1, Section 1, Lots 1 & 2, in western San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to Low-Rise Multi-Family Residential (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Interim Senior Planner Jeff Hintz presented background information. A copy of the presentation is part of the Permanent Supplemental Record. General discussion was held on the area’s new home development, traffic flow and congestion, the number of protest letters received, the petition circulated against the zone change, property devaluation, future plans to widen the road, and the issues related to this area and the entire city regarding large trucks utilizing neighborhood streets as truck routes. Motion, to deny the introduction of the Ordinance, as presented, was made by Councilmember Farmer and seconded by Councilmember Wardlaw. Public comments were made by Proponent Greg Huling, Planning Commissioner Teri Jackson, Opponents: ___, Citizens Tamara Stone, Linda Silva, Jack Brandt, Jeff Curry, A vote was taken on the motion on the floor. AYE: Self, Vardeman, Wardlaw, and Farmer. NAY: Morrison, Fleming, and Silvas. Motion carried 4-3. RECESS At 10:24 A.M., Mayor Morrison called a recess.
  14. 14. Minutes November 19, 2013 Page 35 Vol. 105 RECONVENE At 10:42 A.M., Council reconvened, and the following business was transacted: APPROVAL OF A PETITION FOR VARIANCE UNDER THE CODE OF ORDINANCES, WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN, SECTION 11.203 (E), TO THE ALLOWABLE WATERING FREQUENCIES AND TIME OF DAY FOR NEWLY PLANTED LANDSCAPE SUBMITTED BY THE SAN ANGELO INDEPENDENT SCHOOL DISTRICT Water Utilities Director Ricky Dickson presented background information. Responding to a question from Councilmember Fleming, Jim Elson, Maintenance Director, informed the ball fields were seeded last year and are seeded based on ground temperature. Mr. Elson also informed the school board approved the installation of artificial turf to three areas and he hoped to receive approval for other areas. He also noted the areas will be monitored closely as staff monitors all utilities on a monthly basis. Motion, to approve the petition for the variance, as presented, was made by Councilmember Farmer and seconded by Councilmember Vardeman. Public comment was made by SAISD Trustee Bill Dendle. A vote was taken on the motion on the floor. AYE: Self, Silvas, Vardeman, Wardlaw, and Farmer. NAY: Morrison and Fleming. Motion carried 5-2. FIRST PUBLIC HEARING AND DENIAL OF AN INTRODUCTION OF AN ORDINANCE INCREASING THE NUMBER OF MEMBERS ON THE PUBLIC HOUSING AUTHORITY (PHA) FROM FIVE (5) TO SEVEN (7) AND OTHER RELATED PROVISIONS AN ORDINANCE AMENDING CHAPTER 2, ENTITLED “ADMINISTRATION”, ARTICLE 2.2700 ENTITLED “HOUSING AUTHORITY”, SECTION 2.2701 ENTITLED “CREATED; MEMBERS; TERMS”, OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, BY INCREASING THE NUMBER OF MEMBERS ON THE HOUSING AUTHORITY FROM FIVE (5) TO SEVEN (7); PROVIDING THAT TWO (2) MEMBERS BE TENANTS OF PUBLIC HOUSING; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE City Clerk Alicia Ramirez and PHA Executive Director Becky Salandy presented background information. Ms. Salandy noted the increased membership offered more diversity and assisted the board with meeting the quorum requirement. Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded by Councilmember Self. General discussion was held on the concerns to meet the quorum, current membership, and the reasons for the increased membership. A vote was taken on the motion on the floor. AYE: Morrison, Self, and Silvas. NAY: Fleming, Vardeman, Wardlaw, and Farmer. Motion failed 3-4. UPDATE AND PRESENTATION BY THE PUBLIC HOUSING AUTHORITY (PHA) AND RELATED MATTERS PHA Executive Director Rebecca Salandy presented background information. A copy of the presentation is part of the Permanent Supplemental Record. Mayor Morrison left the meeting at 11:09 a.m. and returned at 11:13 a.m. Councilmember Wardlaw left the meeting at 11:13 a.m. Councilmember Farmer requested quarterly updates from the PHA. Council concurred.
  15. 15. Page 36 Vol. 105 Minutes November 19, 2013 Responding to a question from Councilmember Silvas, Ms. Salandy stated a security assessment is conducted by REACT and properties are inspected every other year per HUD requirements. She also noted additional inspections are conducted by local inspectors. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 10, TRAFFIC CONTROL REGARDING THE OPERATION OF GOLF CARTS AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 10, TRAFFIC CONTROL, OF THE SAN ANGELO CODE OF ORDINANCES, TO ADD A NEW ARTICLE 10.1700, ENTITLED “OPERATION OF GOLF CARTS ON PUBLIC STREETS” IN ORDER TO ALLOW AND REGULATE THE OPERATION OF GOLF CARTS ON ANY PART OF THE TRAFFIC AREA OF ANY PUBLIC STREET OR HIGHWAY WITHIN THE CITY LIMITS WHERE THE POSTED SPEED LIMIT IS NOT MORE THAN THIRTY (30) MILES PER HOUR, PROVIDING DEFINITIONS, ESTABLISHING LIMITATIONS ON SUCH OPERATION, ESTABLISHING REQUIREMENTS FOR EQUIPMENT, ANNUAL REGISTRATION, ESTABLISHING ADMINISTRATIVE PROCESSES, ESTABLISHING A REGISTRATION FEE, PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE, AND AMENDING APPENDIX A, ENTITLED ARTICLE 3.000 BUSINESS RELATED FEES TO ADD A NEW SECTION 3.1300 GOLF CART REGISTRATION FEE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE Councilmember Wardlaw returned to the meeting at 11:18 a.m. Police Chief Tim Vasquez presented background information noting the ordinance was further reviewed by the City Attorney and revised per City Council direction. Responding to a question from Councilmember Fleming, Chief Vasquez informed state law provisions all those individuals to use a golf carts within a 2 mile radius of a golf course. He further explained, per the ordinance, permitted golf carts may be used on street with a 30 MPH designation. Motion, to introduce the Ordinance, as presented, was made by Councilmember Fleming and seconded by Councilmember Vardeman. General discussion was held on golf cart use at apartment complexes and required inspections. A vote was taken on the motion on the floor. Motion carried unanimously. DISCUSSION AND POSSIBLE ACTION RELATED TO AN INCREASE IN THE SUPPORT FOR THE TOM GREEN COUNTY MENTAL HEALTH UNIT AND TOM GREEN COUNTY CRISIS INTERVENTION UNIT Police Chief Tim Vasquez presented background information and informed the request was submitted as part of the 2013-14 Budget discussion, but not approved. Motion, to authorize the increase $37,539.00, as presented, was made by Councilmember Fleming and seconded by Councilmember Silvas. Responding to a question from Councilmember Farmer, Budget Manager Morgan Chegwidden stated funds will be allocated from the General Fund contingency funds and as an internal budget amendment. Responding to question from Councilmember Farmer, TGC Sheriff David Jones stated the program is a shared funded program between MHMR, county, and city as well as other grant funding. A vote was taken on the motion on the floor. Motion carried unanimously.
  16. 16. Minutes November 19, 2013 Page 37 Vol. 105 FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE RELATING TO THE CITY OF SAN ANGELO’S APPLICATION OF EXISTING POLICIES REGARDING COMMERCIAL PROPERTY DEVELOPMENT MORATORIUM AND RELATED MATTERS AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, (“CITY”) ADOPTING A COMMERCIAL PROPERTY DEVELOPMENT MORATORIUM IN ACCORDANCE WITH STATE LAW UPON PUBLIC HEARING AND ISSUANCE OF WRITTEN FINDINGS; TO EXPIRE NINETY (90) DAYS AFTER THE DATE THE MORATORIUM IS ADOPTED; INCLUDING BUT NOT LIMITED TO, APPROVAL OF NEW APPLICATIONS FOR COMMERCIAL PROPERTY DEVELOPMENT RELATING TO MOBILE HOMES, MANUFACTURED HOUSING PARKS AND RECREATIONAL VEHICLE PARKS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE Interim Development Services Director AJ Fawver and Interim Senior Planner Jeff Hintz presented background information. A copy of the presentation is part of the Permanent Supplemental Record. General discussion was held on the 90 day requirement and clarified any prior applicants requesting such development would be required to follow the new policy. Motion, to introduce the Ordinance extending the 90 day moratorium and maintain the committee active to complete and finalize the policy, as presented, was made by Councilmember Fleming and seconded by Councilmember Silvas. Motion carried unanimously. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE CONTINUANCE TO LEVY AND COLLECT A ONE-HALF CENT SALES AND USE TAX AS APPROVED BY THE VOTERS IN THE NOVEMBER 2, 2010 SPECIAL ELECTION AN ORDINANCE AMENDING ARTICLE 2.3600 ECONOMIC DEVELOPMENT CORPORATION OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BY AMENDING SECTION 2.3606 TO ADD A NEW SUBSECTION 1 TO INCLUDE THE PROJECTS ALLOWED IN SECTION 4B OF ARTICLE 5190.6 V.A.C.S., AS AMENDED, (HEREINAFTER “ACT”) FOR THE CITY OF SAN ANGELO TO CONTINUE TO LEVY AND COLLECT A ONE-HALF CENT SALES AND USE TAX, SAID PROJECTS HAVING BEEN APPROVED BY THE VOTERS IN THE NOVEMBER 2, 2010 SPECIAL ELECTION TO BE UNDERTAKEN AS ALLOWED BY THE ACT IN ACCORDANCE WITH THE RESULTS OF THE SAID SPECIAL ELECTION; AND TO RESTATE AND RENUMBER SECTION 2.3606 IN ITS ENTIRETY; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE Interim Economic Development Director Bob Schneeman presented background information. A copy of the presentation is part of the Permanent Supplemental Record. General discussion was held on how the funds can be used, possibly holding a special May 2014 election, sales tax project’s eligibility, and addressing perpetual needs, i.e. infrastructure. Motion, to introduce the Ordinance, as presented, was made by Councilmember Vardeman and seconded by Councilmember Self. Public comment was made by Citizen Jim Turner and Billy DeWitt. A vote was taken on the motion on the floor. Motion carried unanimously. RECESS At 11:57 A.M., Mayor Morrison called a recess. EXECUTIVE/CLOSED SESSION At 12:19 P.M., Council convened in 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(1) to consult with attorney on a contemplated settlement
  17. 17. Page 38 Vol. 105 Minutes November 19, 2013 offer to ACAP Health for clinical care engineering services for the City health insurance program (Marley); Section 551.071(2) to consult with its 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 regarding quarterly invoices dated 9/17/2013 and 10/29/2013 for services rendered pursuant to the Interlocal Agreement between cities of Abilene, Midland and San Angelo effective 4/9/2011 (West Texas Water Partnership) and subject to confidentiality under said Interlocal Agreement; Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding Lake Nasworthy area (Fawver), South Concho River and Lake Nasworthy real property recreational and grazing lease (Preas), West Texas Christian Foundation, Aka Christian Village Property, and West Texas Water Partnership; and, Section 551.074(a)(1) to deliberate the evaluation and duties of the City Manager. RECESS At 1:55 P.M., Mayor New called a recess. RECONVENE At 2:00 P.M., Council reconvened, and the following business was transacted: DISCUSSION AND POSSIBLE ACTION REGARDING AN AMENDMENT TO THE THOROUGHFARE PLAN COMPONENT OF SAN ANGELO'S COMPREHENSIVE PLAN, SPECIFICALLY PLANNED PROJECTIONS COLLECTOR STREETS BOUNDED BY JACKSON STREET TO THE NORTH, KNICKERBOCKER ROAD TO THE WEST, SOUTH BRYANT BOULEVARD TO THE EAST, AND LOOP 306 TO THE SOUTH IN SOUTH-CENTRAL SAN ANGELO Interim Development Services Director AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplemental Record. Motion, to approve the amendment, as presented, was made by Councilmember Fleming and seconded by Councilmember Silvas. Motion carried unanimously. CONSIDERATION OF ACCEPTING THE CITY OF SAN ANGELO’S FISCAL YEAR 2012 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AND SINGLE AUDIT AS PRESENTED BY THE CITY’S EXTERNAL AUDITOR Finance Director Tina Bunnell, Freddy Moore and Gayla Thorn of Armstrong, Backus & Co., LLC presented background information. Mr. Moore reported there were no material misstatements and were pleased with City Management’s action plan to correct errors. Ms. Thorn stated due to the amount of grants received by the City and audit requirements, further audits were done on 25% of the grants noting one finding of significant insufficiency regarding the reporting requirements. Assistant City Manager/Chief Financial Officer Michael Dane stated the corrective action included hiring an individual to oversee the grants and internal department transfers to further concentrate on the tasks. Ms. Thorn reported on the changes to the future report. Responding to a question from Councilmember Wardlaw, Ms. Thorn stated unfunded liabilities, specifically pensions, will be added to the financial statements incrementally. She noted the upcoming GASB only refers to ____. Councilmember Vardeman left the meeting at 2:20 p.m. Motion, to accept the 2012 CAFR, as presented, was made by Councilmember Farmer and seconded by Councilmember Silvas. Motion carried unanimously. DENIAL TO ISSUE A REBATE FOR WATER FEES Budget Manager Morgan Chegwidden presented background information. A copy of the presentation is part of
  18. 18. Minutes November 19, 2013 Page 39 Vol. 105 the Permanent Supplemental Record. Staff recommends no action at this time. General discussion was held on how the 75 day goal fund balance calculation, unrestricted funds remain in fund balance, ability to increase or decrease based on increased or decreased revenue, Motion, to accept staff’s recommendation to deny the issuance of a rebate, as presented, was made by Councilmember Wardlaw and seconded by Councilmember Farmer. Motion carried unanimously. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2013-2014 BUDGET AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014, FOR ENCUMBRANCES, RESTRICTED AND DEDICATED MONEYS, INCOMPLETE PROJECTS, AND GRANTS. Budget Manager Morgan Chegwidden presented background information. Motion, to introduce the Ordinance, as presented, was made by Councilmember Fleming and seconded by Councilmember Self. Motion carried unanimously. DISCUSSION AND DIRECTION TO THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION REGARDING THE FISCAL YEAR 2013-2014 BUDGET Requested by Council Member Farmer, BS reviewed the recommended cuts requested by City Council. General discussion was held on the advertisement budget, the allocation to the Chamber for similar advertisements, the 20 under 40 banquet, eligible and increased expenses with little return, need to concentrate more on water related projects, extended an invitation to Council in forming a committee in setting goals for the Chamber’s performance measures, Councilmember Wardlaw left the meeting at 2:47 p.m. DISCUSSION AND DIRECTION TO STAFF TO COORDINATE AND HOSTING A JOINT MEETING WITH CITY COUNCIL, TOM GREEN COUNTY COMMISSIONER’S COURT, AND SAN ANGELO INDEPENDENT SCHOOL DISTRICT TRUSTEES REGARDING THE COORDINATION OF SHARED RESOURCES Mayor Morrison as one of the representative from the three local governing entities, he suggested the City host a meeting with all entity representatives and conduct a round table discussion regarding developing a working partnership. Mr. Morrison suggested the meeting be held in the evening with a 30 minute of public participation period. Council concurred. Mayor Morrison directed staff to approach the entities and schedule the meeting in January or February 2014. Public comment was made by Citizen Jim Turner. FOLLOW UP AND ADMINISTRATIVE ISSUES CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION Mayor Morrison reported no decision was made on the West Texas Christian Foundation, Aka Christian Village Property. Motion, regarding the contemplated settlement offer to ACAP Health for clinical care engineering services for the City health insurance program, to acknowledge Council does not have a sufficient basis or sufficient information to make or reach any decision on the matter, was made by Councilmember Farmer and seconded by Councilmember Silvas. Motion carried unanimously
  19. 19. Page 40 Vol. 105 Minutes November 19, 2013 AUTHORIZATION OF FUNDING AND PAYMENT FOR CITY’S PROPORTIONATE SHARE OF COSTS INCURRED FOR SERVICES PURSUANT TO THE INTERLOCAL AGREEMENT BETWEEN CITIES OF ABILENE, MIDLAND AND SAN ANGELO, EFFECTIVE APRIL 9, 2011 (WEST TEXAS WATER PARTNERSHIP), FOR THE QUARTERLY INVOICE DATED SEPTEMBER 17, 2013 AND OCTOBER 29, 2013 Motion, to authorize Phase I invoices (acknowledging Phase I has been completed) and to authorize payment for the Phase I invoices from the ½ cent sales tax revenue, as presented, was made by Councilmember Silvas and seconded by Councilmember Fleming. Motion carried unanimously. ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS Assistant City Manager/Chief Financial Officer Michael Dane distributed the proposed December 3, 2013 Agenda and solicited Council comments and suggestions. Councilmember Vardeman requested and update on stormwater fees. Councilmember Farmer requested an updated quarterly COSADC report. Mayor Morrison requested information regarding the May 2014 Election Calendar for possible special ½ sales tax election. ADJOURNMENT Motion, to adjourn, was made by Councilmember Farmer and seconded by Councilmember Self. Motion carried unanimously. The meeting adjourned at 3:03 P.M. THE CITY OF SAN ANGELO ___________________________________ Dwain Morrison, Mayor ATTEST: _______________________________ Alicia Ramirez, City Clerk In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording may be distorted due to equipment malfunction or other uncontrollable factors.)
  20. 20. Memo Date: November 27, 2013 To: Mayor and Council members From: Kevin Krueger, Assistant Water Utilities Director Subject: Consent Agenda Item for December 3, 2013 Council Meeting Contact: Kevin Krueger, Assistant Water Utilities Director, 657-4209 Caption: Consideration of awarding competitive seal proposal WU-02-13 for the 2013 Rio Concho Sewer Line Improvements to Darnell Construction, LLC of San Angelo, Texas in the amount of $2,093,869.54, authorizing staff to negotiate a contract, and authorizing the City Manager, Water Utilities Director, or City Manager Designee to execute said contract and any related documents. Summary: Competitive sealed proposals have been received from (2) contractors for the construction of the 2013 Rio Concho Sewer Line Improvements. The two contractors were Darnell Construction, LLC ($2,093,869.54) and S.J. Louis Construction of Texas, Ltd. ($2,202,139.13). Ranking first by points was the proposal submitted by Darnell Construction, LLC in the amount of $2,093,869.54 and the first ranking proposal had no exceptions to the specifications. History: This project is a continuation of the Water Utilities Capital Improvements Program to rehabilitate the sewer system. Financial Impact: Proposal amount of $2,093,869.54 funded by the Wastewater Capital Improvements Program. Related Vision Item Capital Improvements Program and Wastewater Master Plan. (if applicable): Other Information/ Recommendation: Approximately 3,057 feet of clay sewer main will be replaced under this contract. This project will replace the main sewer trunk line serving central San Angelo which lies on the North bank of the North Concho River from S. Oakes Street to S. Abe Street. It is recommended the proposal be accepted from Darnell Construction, LLC (San Angelo, Texas) and the City Manager, Water Utilities Director or City Manager Designee be authorized to negotiate and execute a contract and related documents. Attachments: Bid Tabulation ; Scoring Justifications
  21. 21. Publication: Advertised for bid in the San Angelo Standard Times September 25 and October 2, 2013. Reviewed by Director: Ricky Dickson, Water Utilties Director, November 20, 2013 Approved by Legal: November 21, 2013
  22. 22. CITY OF SAN ANGELO BID TABULATION * RFB NO: WU-02-13 * November 13, 2013 2013 Rio Concho Sewer Line Improvements from Oakes St. to Abe St. No. Item Description 30" Sewer Main Open Cut; Include Bypass Pumping System, 1 Trench Repair Boring 30" Sewer Main - Include Bypass Pumping System, 38" 2 Steel Casing, Spacers and Tail Ditches 2,641 LF 416 LF 630.00 262,080.00 853.00 354,848.00 75 LF 52.61 3,945.75 246.00 18,450.00 175 LF 185.88 32,529.00 251.00 43,925.00 15 LF 177.90 2,668.50 280.00 4,200.00 10 EA 4,804.00 48,040.00 3,300.00 33,000.00 7 60" MH - Type A 6 EA 7,778.00 46,668.00 9,400.00 56,400.00 8 60" MH - Type B 9 EA 5,481.50 49,333.50 9,000.00 81,000.00 9 72" MH - Type B 1 EA 6,348.31 6,348.31 12,100.00 12,100.00 10 Shallow Manholes 4 EA 7,547.98 30,191.92 12,500.00 50,000.00 1,255 LF 31.60 39,658.00 68.00 85,340.00 3,774 SF 1.18 4,453.32 2.00 7,548.00 1,269 SF 5.00 6,345.00 12.00 15,228.00 455 LF 311.94 141,932.70 268.00 121,940.00 16 Rock Façade at Neff's Park 3,185 SF 10.96 34,907.60 20.00 63,700.00 17 Backfill Parking Lot Area - West Side of Neff's Park 5,400 CF 0.53 2,862.00 0.50 2,700.00 362 SY 90.00 32,580.00 50.00 18,100.00 1 LS 514.00 514.00 2,000.00 2,000.00 20 Abandon Existing 18" & 21" Sewer Line 3,103 LF 11.00 34,133.00 10.00 31,030.00 21 Provide Trench Safety System 1,313 LF 0.38 498.94 0.01 13.13 22 Allowance for Additional Work 1 LS 181,191.00 181,191.00 181,191.00 181,191.00 6 4" PVC Service Line 11 Type V Embedment / Concrete Capping 12 Slope Stabilization Flex Terra Hydro Mulch (or approved equal), Refer to S-1572A 14 Decomposed Granite, Refer to S-1572A 15 Concrete Embedment at Neff's Park, Refer to R-1572A Paving Parking Area - West Side of Neff's Park to include Curb & Gutter and Asphalt, Refer to S-1572A Drainage Improvements (Concrete Pilot Channels), Refer 19 to S-1572A 18 $ 429.00 $ 1,132,989.00 Total $2,093,869.54 Invitations Mailed To: Benmark Supply Midland TX Big Country Water Works Brownwood TX CM Construction San Angelo TX Darnell Construction, LLC San Angelo TX Dickson Underground Utility Construction, LLC San Angelo TX HD Supply Waterworks Waco TX Housley Communication Inc San Angelo TX JENCO San Angelo TX Morrison Supply San Angelo TX Reece Albert San Angelo TX Roberts Construction San Angelo TX Texas Water & Soil San Angelo TX Y:13-RFXWater UtilitiesWU0213 Concho-Oakes SewerBid Tabulation Unit Cost SJ Louis Extended Units 6" Sewer Main Open Cut; Include Bypass Pumping 3 System 8" Sewer Main Open Cut; Include Bypass Pumping 4 System 18" Sewer Main Open Cut; Include Bypass Pumping 5 System Unit Cost Darnell Extended QTY $ 386.00 $ 1,019,426.00 Total $2,202,139.13
  23. 23. City of San Angelo Water Utilities Department Memo To: Roger Banks, Purchasing Manager From: David Hall, Engineering Coordinator Date: November 21, 2013 Re: RFCSP: WU-02-13 – 2013 Rio Concho Sewer Line Improvements After reviewing the responses submitted for RFP RFCSP: WU-02-13 – 2013 Rio Concho Sewer Line Improvements, the five -member committee (consisting of Roger Banks, Purchasing Division Manager, Ricky Dickson, Water Utilities Director, Russell Pehl, Engineering Manager, Kevin Krueger – Assistant Water Utilities Director and myself) scored the submissions as reflected below. 1. Darnell Construction, LLC, San Angelo, Texas – 482.07 points due to lowest price, local presence, references and experience. 2. S.J. Louis Construction of Texas, Ltd., Mansfield, Texas – 460.25 due to higher price, less local presence and experience. As a result of the rankings, the committee is recommending that Darnell Construction, LLC of San Angelo, Texas be selected.
  24. 24. City of San Angelo Finance Department Memo Date: To: From: Subject: Contact: November 27, 2013 Mayor and Councilmembers Tina Bunnell, Director of Finance Consent Agenda Item for December 3, 2013 Council Meeting Tina Bunnell, Director of Finance, 1221 Caption: Consideration of adopting a Resolution of the City of San Angelo City Council authorizing the City Manager to execute a consulting services agreement and any necessary related documents between the City of San Angelo, Texas and Mgt of America, Inc., for the provision of two separate indirect cost allocation plans; one being an annual OMB A-87 compliant indirect cost allocation plan based on actual costs for fiscal year 2012, and the other being an annual GAAP compliant full cost allocation based on budgeted costs for FY 2014, said agreement being in the amount $11,500.00 and to be effective December 1, 2013 through November 30, 2014, and providing for an option to renew for two (2) additional years Summary: This agreement allows for the contracted services of MGT of America, Inc. MGT of America will provide the City with two separate indirect cost allocation plans, one which is used for compliance with the Federal Office of Management & Budget (OMB) A-87 and a second which is compliant with Generally Accepted Accounting Principles (GAAP). Indirect costs are expenses (such as for City Attorney, Finance, HR) which are incurred in joint usage and, therefore, difficult to assign to or identify with a specific cost object or cost center or department. The indirect cost plans are used to allocate indirect costs to individual departments for services used and paid for initially by the General Fund. The A-87 compliant cost plan is used to allocate indirect costs to grant funded departments as the grants typically have a set limit for allowable indirect costs. The full indirect cost plan is used for all other departments. Financial Impact: The cost of the service is $11,500 per year and is budgeted in the General Fund.
  25. 25. Other Information/Recommendation: Staff recommends executing the contract for the indirect cost plan with MGT of America, Inc. Attachments: Consulting Services Agreement, Exhibit A, and Resolution Reviewed by Service Area Director: Michael Dane, ACM/CFO
  26. 26. CONSULTING SERVICES AGREEMENT By and Between The City of San Angelo, Texas and MGT of America, Inc. THIS AGREEMENT is entered into this _____day of _____ , 2013 by and between the city of San Angelo, Texas ("Client"), and MGT of America, Inc., a Florida Corporation ("MGT"). In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: I. Description of Services. MGT shall, as an independent contractor, provide the services specified in section 1.1 below ("the Services"), on the schedule specified in section 1.2 below. 1.1 Scope of Services MGT shall provide to Client the following services: An annual OMB A-87 compliant indirect cost allocation plan based on actual costs for FY 2012, with the option to renew for an additional two years. An annual GAAP compliant full cost allocation plan based on budgeted costs for FY2014 with the option to renew for an additional two years. 1.2 Timetable for Services The Services shall be performed and the product(s) of the services shall be delivered on the following schedule: The proposed services will be completed in approximately ten weeks (75 days) from kick-off to delivery of the final cost allocation plans, assuming key data is made available in a timely manner. The annual project will commence on mutually agreeable date. 2. Compensation. For its work under this Agreement, MGT shall be paid a total amount not to exceed $11,500.00 as follows: This fee shall be paid on the following schedule: 40% of the contract amount will be invoiced following completion of initial on-site work including department interviews (tasks 1-4 in Exhibit A). 40% of the contract amount will be invoiced following delivery of the draft cost allocation plans (tasks 5-10 in Exhibit A). 20% of the contract amount will be invoiced following submittal of the final cost allocation plans and project recap report.
  27. 27. 3. Term and Termination. This agreement shall become effective upon its execution and delivery by the parties and shall remain in effect until completion of, and full payment for, the Services. For recordkeeping purposes, the term of this Agreement shall be from December 1, 2013 through November 30, 2014. This contract may be terminated prior to completion of the Services at the option of either party, upon delivery of written notice by the terminating party to the other party. In the event of early termination by Client for reasons other than MGT's default in provision of the Services, MGT shall be paid, upon invoicing in accordance with this Agreement, the agreed compensation (or if, due to termination, there is no agreed value for the services performed to date, MGT's standard hourly rates, as said rates are set forth in Exhibit B attached hereto and incorporated herein for all purposes) for Services performed, plus expenses incurred, prior to termination. The rights and remedies of the Client provided in this section are in addition to any other rights and remedies provided by law or under this Agreement. 4. Independent Contractor Status The relationship of MGT to Client is that of an independent contractor, and nothing in this Agreement shall be construed as creating any other relationship. As an independent contractor, MGT shall comply with all laws relating to federal and state income taxes, associated payroll and business taxes, licenses and fees, workers compensation insurance, and all other applicable state and federal laws and regulations. Neither MGT nor anyone employed or subcontracted by MGT shall be, represent, act, purport to act, or be deemed to be an agent, representative, employee or servant to Client. 5. Project Managers Mark Carpenter shall serve as Project Manager and point of contact for MGT under this Agreement. Morgan Chegwidden shall serve as Project Manager and point of contact for Client under this Agreement. By written notice to the other party, either party may change the identity of its project manager during the term of this Agreement. 6. Miscellaneous 6.1 No Continuing Waiver The failure or forbearance by either party in exercising any remedy available to it upon a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent or continuing breach by either party. 6.2 Entire Agreement. This written Agreement represents the entire agreement of the parties, and neither party is relying upon any negotiation, representation, warranty, promise, or covenant not set forth in this Agreement. This Agreement may not be modified or amended except by a written instrument for that purpose duly executed by both parties. 6.3 Subcontracting and Assignment. MGT may utilize subcontractors in performing the Services, but MGT shall remain responsible to Client for performance under this Agreement. This contract shall be binding upon and inure to the benefit of both Client and MGT and their respective successors and assigns, if any, and legal representatives.
  28. 28. 6.4 Interpretation, Venue, and Severability. This agreement shall be construed, interpreted, and enforced in accordance with Texas law without regard to conflicts of laws principles. Should any provision of this Agreement be held invalid or unenforceable by final judgment of a court of competent jurisdiction, it is the parties' intention that the remainder of this Agreement shall nevertheless be given effect as written. Any action arising out of or relating to this Agreement may be brought only in the Texas state court having jurisdiction and located in Torn Green County, Texas. If more than one party executes this Agreement as Client, then each such party shall be jointly and severally responsible for Client's performance and payment under this Agreement. 6.5 Prior Performance. Services performed by MGT pursuant to Client's authorization, but before execution of this Agreement, shall be considered as having been performed pursuant to the terms and conditions of this Agreement. 6.6 Notices. All written notices, demands or requests pursuant to this Agreement may be served (as an alternate to personal service) by registered or certified mail or air freight services that provide proof of delivery, with postage and fees thereon fully prepaid, and addressed to the parties so to be served as follows: If to MGT: MGT of America, Inc. 4009 Banister Lane, Suite 265 Austin TX 78704 If to Client: City of San Angelo Post Office Box 1751 San Angelo, Texas 76902 Service of any such notice or demand so made by mail shall be deemed complete on the day of actual delivery as shown by the addressee's registry or certification receipt. Either party hereto may, from time to time, by written notice served upon the other as aforesaid, designate a different mailing address, or (a) different or additional person(s) to which or to whom all such notices or demands are thereafter to be addressed. Persons named to receive copies of notices are listed for accommodation only and are not required to be personally served to comply with service of notice on a party.
  29. 29. IN WITNESS WHEREOF, this agreement is executed in duplicate originals on this the ____ day of ____________, 2013. CITY OF SAN ANGELO _______________________ By: Tina Bunnell, Finance Director ATTEST: _________________________ Alicia Ramirez, City Clerk MGT OF AMERICA, INC. _______________________________ By: J. Bradley Burgess, Vice President ATTEST:___________________________ Approved as to Form: Approved as to Content: _______________________________ Lysia H. Bowling City Attorney ______________________________ Chief Accountant
  30. 30. EXHIBIT A Methodology   The OMB Circular A-87 central services cost allocation plan and the Full Cost allocation plan will be prepared concurrently by completing the following 18 tasks. The OMB A-87 and the Full Cost allocation plans will be referred to as the cost allocation plans or just the plans. 1. Conduct an initial meeting with designated personnel. Meet in San Angelo with City personnel who have responsibility or a high interest in the annual cost allocation plans. This meeting will refine the specific objectives, requirements, measurements, and schedule of the project. This meeting will also help the project consultants understand the unique aspects of the City including any organizational or structural changes from prior years. 2. Conduct an introductory training session with all relevant personnel. Conduct an initial and introductory training session with key City personnel and project stakeholders. Project consultants will work with City personnel to establish the objectives, content, and list of attendees for this meeting or presentation. This session is vital to successful project results including approval by operating department officials. Agenda items for these meetings or presentations could include: v Review the project objectives. v Review and confirm the federal and/or state requirements. v Finalize and document the project measurements. v Review and finalize the project schedule. v Review available financial data. v Review available allocation data. v Explain the cost allocation plan. v Summarize the purpose for calculating the cost allocation plans. v Explain how each meeting attendee is involved in the calculations. v Discuss example summary reports produced by the project. v Discuss example applications produced by the project. v Address potential areas for additional direct or indirect cost recovery. v Solicit questions and answers. 3. Collect basic financial and operational data. Collect and review data such as organization charts, expenditure statements, budgets, personnel counts, salary reports, and transaction statistics. Project consultants will work with City personnel to develop and gather the needed data in the most efficient way possible. The review of this data will provide the structure for the cost allocation plans including the determination of “allocating” and “receiving” departments.
  31. 31. Allocating departments are referred to as central service departments and will include, but are not limited to accounting, purchasing, human resources, and information technology. Receiving departments will be all applicable City general fund departments or divisions and all other City non general funds. Project consultants will also identify, evaluate, and inventory federal- and state-funded City programs and internal service funds so that central service support will be properly allocated. 4. Conduct department interviews. Meet with and interview each central service department to determine the allowable expenditures, services provided, chargebacks or direct bills, personnel providing the services, the recipients of the provided services, and appropriate transaction data. 5. Divide central service departments into functions. Divide the allowable costs in each central service department into functions. Functions represent distinct activities within a department. Using information gathered in Task 4, project consultants will complete Personnel Staffing Analysis (PSA) worksheets to assist in dividing departments into functions. The PSA provides a basis for the distribution of department costs into department functions. During interviews with central service departments, MGT consultants will discuss assignments and duties of City personnel. Determine and distribute departments into functions based on timesheets, assignments, activities, or other allowed methods. Once staff members and their corresponding salaries are distributed into functions, other department costs—such as materials and supplies— will also be distributed into the same functions. This task breaks a department into functional cost pools, which can then be allocated throughout the City using meaningful, measurable, and auditable allocation bases. 6. Distribute central service department costs into functions. Distribute the allowable costs in each central service department, and the incoming costs into each central service department, into the functions determined in Task 5. Incoming costs are the costs from other central service departments determined by a double stepdown calculation. The distribution of allowable department costs and incoming costs will determine the total cost of providing each distinct service within each central service department. This step utilizes a feature in the MGT proprietary cost allocation software not available in most other cost allocation plan software. The MGT proprietary cost allocation software has the ability to analyze, display, and allocate the indirect costs of each central service department in great detail. This detail facilitates review, explanation, and understanding of incoming costs which leads to reduced errors, fewer reruns of reports, and the ultimate acceptance and approval of the cost allocation plans.
  32. 32. 7. Develop allocation bases for central service department functions. Determine an appropriate allocation base for each function in each central service department. This determination will serve as the basis for allocating the allowable costs in each function to the recipients of the service. Project consultants will request corresponding transaction data from central service department personnel. Central service departments will allocate costs to all City funds. This allocation methodology ensures the most fair and accurate distribution of costs as opposed to a methodology that singles out particular departments or funds for maximum allocation. 8. Process draft cost allocation plans. Process the draft cost allocation plans using the MGT proprietary cost allocation software. The cost allocation plans will include summary and detail reports. The summary report in each cost allocation plan provides information on the dollar amounts allocated from each central service department to every receiving department. The detailed reports in each cost allocation plan provide information on the expenditures, allowable costs, incoming costs, personnel distribution, functions, and allocation bases for every central service department. The MGT proprietary software is written in a relational database and uses Microsoft Excel as a report writer. This platform provides unlimited flexibility in calculating, formatting, and reporting information. Charts and graphs can be used to explain and illustrate allocation information. Allocation information is automatically produced that compares allocation totals to receiving departments (funds) from year to year. The MGT proprietary cost allocation software incorporates a double step-down methodology, is technical and detailed, has a self-auditing feature, and has been used for several hundred cost allocation plans in the past five years— many submitted for federal and state approval. 9. Conduct quality control and internal review of the draft cost allocation plans. The project manager and the project consultant will undertake an internal review process to raise the accuracy of the cost allocation plans and ensure City personnel do not waste time reviewing substandard or incomplete work. Four quality assurance measures are followed within every engagement. The project manager will undertake the first measure. This consultant will maintain a high level of communication with City personnel. Examples of communication include project status reports, review of documents, and submittal of preliminary results. This proactive communication ensures assumptions are correct, decisions are sound, and final results are solid. The second measure is undertaken between the project consultant and the project manager. Similar to the first quality assurance measure, the project consultant maintains a high level of communication with the project manager. Assumptions are tested, issues discussed, and methods agreed to before and during the project, not following completion. The third measure is a series of comparisons completed by the project consultant and project manager. Utilizing the MGT proprietary software, the project consultant and manager will compare cost allocation plans between years, and between multiple years, if
  33. 33. appropriate. Variances are identified, researched, understood, and explained to relevant individuals. The comparison and variance analysis between years, which is available to City personnel, raises the accuracy of project results. The fourth and most formal measure is a comprehensive review of the draft cost allocation plan by a senior-level consultant with expertise in cost allocation. This experienced consultant has a fresher perspective of the project than do the project manager and project consultant. This perspective incorporates knowledge from dozens of similar projects. This perspective and review forces the project manager and project consultant to defend project decisions. As a result, the cost allocation plan is strengthened, and a greater audit strategy is prepared in advance of final submittal to the City. Additionally, the MGT proprietary cost allocation software automatically generates selfauditing schedule that reconciles the sum of all central service department expenditures to the sum of all allocated costs. 10. Provide draft cost allocation plans. Meet in San Angelo with City personnel if requested or provide electronic printed and electronic copies of the draft results of the cost allocation plans to City personnel. This step is an opportunity to review preliminary results, address questions or concerns, and make changes as necessary. Task 9 will ensure City officials review quality draft results and are not forced to spend hours editing and correcting substandard work. 11. Process final cost allocation plans. Process the final cost allocation plans after addressing issues or concerns raised in Task 10. The final cost allocation plans will be professionally formatted and displayed. The final cost allocation plans will include the following two detailed sections. 1. Each allocating department will include descriptive narratives of the cost allocation methodologies for primary categories of allocated costs (aka functions or service categories). 2. A separate section documenting changes in allocation methodologies from the prior year and reasons for the changes. Additionally, the MGT proprietary cost allocation software automatically generates management reports. These reports provide: v A schedule comparing total allocated costs between fiscal years for every receiving department. v A schedule comparing allocated costs between fiscal years, by central service department, to receiving departments meeting defined criteria (for example, a variance greater than 10 percent or a variance greater than $10,000). v A schedule documenting unit costs of identified support activities such as the cost of payroll per employee, or the cost per purchase order.
  34. 34. v A schedule explaining variances in allocated costs from the prior year. 12. Provide final cost allocation plans in paper and electronic format. Provide up to five printed and bound copies and one electronic copy (Excel or Adobe PDF file) on CD-ROM or email of the final cost allocation plans to City personnel following confirmation that the work is final by the City’s project manager. Additionally, MGT consultants will provide electronic copies (Excel or Adobe PDF file) of summary schedules, variance analyses, and management reports as requested. 13. Present project results to elected officials if requested. Present the final project results to the City’s elected officials either in a work session or at a public meeting if requested. This presentation will include a high-level overview of the project and the applications, implications, and anticipated benefits to City operations. Detailed information will be presented as requested. 15. Identify additional uses for the cost allocation plans. Continuously explore additional applications for the cost allocation plans. 16. Negotiate OMB A-87 cost allocation plan if requested. Negotiate the final OMB Circular A-87 central services cost allocation plan with the appropriate State and/or Federal authorities if those authorities request such negotiation. 17. Respond to audit inquiries. Provide answers and supporting documentation in response to State and/or Federal and/or other appropriate agency audit inquiries. Additionally, project consultants will work with State and/or Federal and/or other appropriate agency auditors to resolve issues in the current and future cost allocation plans. 18. Prepare a cost allocation plans project recap report. Prepare a cost allocation plans project recap report for City personnel. This report will include comments and input from City personnel to review regarding the just-completed cost allocation plans. This report will also provide City personnel an opportunity to provide timely feedback on aspects of the cost allocation plan project that went well and aspects of the project that need improvement. The project consultants will then formulate this feedback into the following years’ work plan as applicable. Additionally, the project recap report will include changes in allocation methodologies from the prior year and reasons for the changes. These proposed 18 steps will not only have a minimal impact on City staff, the steps will also be completed in the most timely and efficient manner possible. The proposed senior-level project team has the capability and capacity to deliver the project results, with additional services, within the City’s desired project timeline.
  35. 35. A RESOLUTION OF THE CITY OF SAN ANGELO CITY COUNCIL AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A CONSULTING SERVICES AGREEMENT AND ANY NECESSARY RELATED DOCUMENTS BETWEEN THE CITY OF SAN ANGELO, TEXAS AND MGT OF AMERICA, INC., FOR THE PROVISION OF TWO SEPARATE INDIRECT COST ALLOCATION PLANS; ONE BEING AN ANNUAL OMB A-87 COMPLIANT INDIRECT COST ALLOCATION PLAN BASED ON ACTUAL COSTS FOR FISCAL YEAR 2012, AND THE OTHER BEING AN ANNUAL GAAP COMPLIANT FULL COST ALLOCATION BASED ON BUDGETED COSTS FOR FY 2014, SAID AGREEMENT BEING IN THE AMOUNT $11,500.00 AND TO BE EFFECTIVE DECEMBER 1, 2013 THROUGH NOVEMBER 30, 2014, AND PROVIDING FOR AN OPTION TO RENEW FOR TWO (2) ADDITIONAL YEARS WHEREAS, the City of San Angelo (“City”) is in need of consulting services for the provision of two separate indirect cost allocation plans to allocate indirect costs to individual departments for services used and paid for initially by the General Fund, one being for compliance with the Federal Office of Management & Budget (OMB) A-87 and the other being for Generally Accepted Accounting Principles (GAAP) (“Services”), and WHEREAS, City has previously entered into a consulting services agreement with MGT of America, Inc. for the provision of these services, and WHEREAS, MGT of America, Inc. possesses all necessary qualifications and expertise to perform Services, and. WHEREAS, City wishes to engage the services of MGT of America, Inc. and MGT of America, Inc. wishes to perform the services for City, under an agreement to be effective December 1, 2013 through November 30, 2014, said agreement being in the amount of $11,500.00 and providing an option to renew for an additional two years for each service plan. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: 1. The above recitals are true and correct and incorporated herein. 2. The City Council hereby approves the selection of MGT of America, Inc. to provide the consulting services and authorize the City Manager or his designee to execute a consulting services agreement between the City of San Angelo and MGT of America, Inc. and any necessary related documents.
  36. 36. PASSED, APPROVED, and ADOPTED on this the ____ day of _________________, 2013. CITY OF SAN ANGELO, TEXAS By: ________________________ Dwain Morrison, Mayor ATTEST: _____ Alicia Ramirez, City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: _____________________________ Tina Bunnell, Finance Director. ___________________________ Lysia H. Bowling, City Attorney
  37. 37. A RESOLUTION OF THE CITY OF SAN ANGELO CITY COUNCIL RATIFYING ACCEPTANCE BY THE CITY MANAGER ON BEHALF OF THE CITY OF THE TEXAS DEPARTMENT OF PUBLIC SAFETY FISCAL YEAR 2013 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) AWARD #13TX-EMPG-0885 IN THE REVISED AMOUNT OF SIXTY-TWO THOUSAND SEVEN HUNDRED NINETYFIVE AND 35/100 DOLLARS ($62,795.35); AND, AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER RELATED DOCUMENTS Whereas, on October 1, 2013, the City Council authorized the City Manager to accept the Texas Department of Public Safety fiscal year 2013 Emergency Management Performance Grant (EMPG) #13TX-EMPG-0885 in the amount of Fifty-Eight Thousand, Two Hundred Seventy-Eight and 98/100 Dollars ($58,278.98) and execute any related documents for grant participation and compliance; and Whereas, the Texas Department of Public Safety has notified the City of an adjustment in the amount of the EMPG award of Four Thousand Five Hundred Sixteen and 37/100 Dollars ($4,516.37) for an award of grant funds in the amount of SixtyTwo Thousand Seven Hundred Ninety-Five and 35/100 Dollars ($62,795.35), the acceptance of which is required within 45 days of October 16, 2013 to activate the grant; and Whereas, the grant funds will be distributed, subject to said acceptance of the grant and commitment to comply with the terms and conditions of the grant requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS THAT: Section 1. The action of the City Manager to accept the Department of Public Safety FY 2013 EMPG award #13TX-EMPG-0885 in the amount of Sixty-Two Thousand Seven Hundred Ninety-Five and 35/100 Dollars ($62,795.35) and execute the grant award is hereby ratified and the City Manager is hereby authorized to execute any related documents for grant acceptance, participation or compliance.
  38. 38. Section 2. This Resolution shall take effect immediately from and after its passage and approval. PASSED and APPROVED THIS DAY OF , 2013. CITY OF SAN ANGELO, TEXAS ATTEST: Dwain Morrison, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: Teresa Covey Emergency Management Coordinator _______________________________ Lysia H. Bowling City Attorney
  39. 39. City of San Angelo Memo Date: November 27, 2013 To: Mayor and Council Members From: Teresa Covey, Interim Emergency Management Coordinator Subject: Agenda Item for December 3, 2013 Council Meeting Contact: Steve Mild, Emergency Management, 325-657-4230 Caption: Consent Consideration of ratifying the acceptance of the FY2013 Emergency Management Performance Grant (EMPG) in the amount of $4,516.37, originally authorized for acceptance on 10/1/13 for $58,278.98, and authorizing the Mayor or City Manager to execute related documents Summary: The Emergency Management Department has received this annual grant from FEMA through the Texas Division of Emergency Management (TDEM) for our efforts in maintaining our advanced preparedness level. History: The Emergency Management Department has received this grant annually to assist with the funding of the Emergency Management Department. Financial Impact: The supplement award of $4,516.37 is additional monies to fund a portion of the Emergency Management Department. Related Vision Item Acceptance of this grant award enables the Emergency Management Department to continue the review and maintenance process of the Emergency Operations Plan (EOP) in the event(s) of catastrophic failures of services. (if applicable): Other Information/ Recommendation: Staff recommends approval for the Mayor or City Manager to sign the FY2013 Emergency Management Performance Grant (EMPG) Revised Notice of Subrecipient Grant Award. Attachments: Revised Notice of Sub-Recipient Grant Award Terms and Conditions Presentation: N/A Publication: N/A Reviewed by Service Area Director: Adopted: 5/30/03 Revised: 6/21/10
  40. 40. Approved by Legal: Date of Approval (attach Legal Approval Form)
  41. 41. City of San Angelo Memo Date: 10/22/2013 To: Mayor and Council Members From: Tim Vasquez, Chief of Police Subject: Agenda Item for November 19 , 2013 City Council Meeting Contact: Tim Vasquez, Chief of Police, 325-657-4336 Caption: Regular th First public hearing and introduction of an Ordinance adopting 10.1700 of the City of San Angelo Code of Ordinances related to the operation and regulation of golf carts on public streets and providing for the penalty for violations of said ordinance as well as providing for repeal, savings and severability, effective date, and publication of said ordinance therein. Summary: Currently the City of San Angelo has no ordinance regulating the use of golf carts. Applicable laws are currently found in the Texas Transportation Code as found in Section 551.401 through 551.405. History: At the September 3 , 2013 City Council Meeting Chief Tim Vasquez presented background information on golf cart issues as it relates to specifically Angelo State University and Commercial entities in the City. Motion by Councilman D. Vardeman and second by Councilman M. Self directed City staff to draft ordinance relating the use of golf carts on public streets specifically with regards to Angelo State University, Governmental Agencies, and Commercial Entities and motion carried unanimously. rd At the November 5, 2013 City Council meeting, a first hearing of the ordinance was held and introduced with changes by City Council which included removing the government permit fee exemption, reducing the miles per hour from 35 to 30, and removing the passenger age limit. After further review and revision, the City Attorney has recommended Council reconsider the revised ordinance and conduct another first hearing. Financial Impact: Application and Permit for each golf cart is $20.00 Related Vision Item N/A (if applicable): Other Information/ Recommendation: Staff recommends approval of Ordinance 10.1700 with changes of the following at Council Direction: 10.173(a) The maximum speed limit of the public street is thirty-five (35) miles per hour less. Change to thirty (30) miles per hour or less.
  42. 42. Attachments: 10.1700, Operation of Golf Cart Vehicle on Public Streets REVISED per City Council direction on 11/5/13 Presentation: (If item includes a PowerPoint presentation or any other type of electronic media to be displayed on the projector, this file must be submitted with your background information by the scheduled due date.) Publication: N/A Reviewed by Director: Tim Vasquez, Chief of Police, 10-22-2013 Approved by Legal: October 23, 2013, City Attorney Lysia H. Bowling
  43. 43. AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 10, TRAFFIC CONTROL, OF THE SAN ANGELO CODE OF ORDINANCES, TO ADD A NEW ARTICLE 10.1700, ENTITLED “OPERATION OF GOLF CARTS ON PUBLIC STREETS” IN ORDER TO ALLOW AND REGULATE THE OPERATION OF GOLF CARTS ON ANY PART OF THE TRAFFIC AREA OF ANY PUBLIC STREET OR HIGHWAY WITHIN THE CITY LIMITS WHERE THE POSTED SPEED LIMIT IS NOT MORE THAN THIRTY (30) MILES PER HOUR, PROVIDING DEFINITIONS, ESTABLISHING LIMITATIONS ON SUCH OPERATION, ESTABLISHING REQUIREMENTS FOR EQUIPMENT, ANNUAL REGISTRATION, ESTABLISHING ADMINSTRATIVE PROCESSES, ESTABLISHING A REGISTRATION FEE, PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE, AND AMENDING APPENDIX A, ENTITLED ARTICLE 3.000 BUSINESS RELATED FEES TO ADD A NEW SECTION 3.1300 GOLF CART REGISTRATION FEE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE WHEREAS, the City of San Angelo (“City”) is authorized under state law to allow and regulate the operation of golf carts on public streets of the City where the posted speed limit is not more than 35 miles per hour, including equipment requirements; WHEREAS, the City Council has determined that the regulations set forth in this ordinance are reasonably necessary to promote and protect the interests of the public health, safety and welfare of the City; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS: Section 1) THAT, Chapter 10, entitled “Traffic Control” of the Code of Ordinances, City of San Angelo, Texas is hereby amended by adding the following Article 10.1700, entitled “Operation of Golf Carts on Public Streets” to allow and regulate the operation of golf carts on public streets where the posted speed limit is not more than thirty (30) miles per hour within the City limits: ARTICLE 10.1700 OPERATION OF GOLF CARTS ON PUBLIC STREETS Sec. 10.1701 Statutory Authorization. In accordance with the authority granted under Chapter 551 of the Texas Transportation Code, Subchapter F, “Golf Carts and Utility Vehicles,” the City of San Angelo allows and regulates the operation of golf carts on public streets within the City limits where the posted speed limit is not more than 35 miles per hour, which includes imposing equipment safety standards.
  44. 44. Sec. 10.1702 Designation of Police Department. The City of San Angelo Police Department is hereby authorized under the direction of the Police Chief or an authorized designee to administer the procedures for registration of golf carts and collect registration fees pursuant to this article. Sec. 10.1703 Definitions. Pursuant to this article: (a) applicant means a natural person or entity submitting an application for registration for a golf cart. (b) department means the City of San Angelo Police Department. (c) driver’s license means an authorization issued by the State of Texas for the operation of a motor vehicle. (d) golf cart means a motor vehicle designed by the manufacturer primarily for use on a golf course as defined in the Texas Transportation Code and not a go-cart, neighborhood electric vehicle, off road vehicle, utility vehicle or all-terrain vehicle. (e) operator means the person who drives or has physical control of a golf cart on any part of the traffic area of any public street or highway. (f) personal use means a use other than business use for facility maintenance, parcel delivery, premises security or any governmental use. (g) registration means authorization issued by the Department to an applicant for registration of a golf cart. (h) sidewalk means the portion of a street that is between a curb or lateral line of a roadway and the adjacent property line and intended for pedestrian use, and including pedestrian walkway, jogging path, bike or park trail. (i) traffic area means any portion of any road, street, highway, drive, or other right-of- way, whether improved or unimproved, including the berm or shoulder, designed or ordinarily used for vehicular traffic, within the city limits. Sec. 10.1704 Golf Cart Operation. It shall be unlawful to operate a golf cart on any part of the traffic area of any public street or highway within the city limits where the posted speed limit is more than thirty (30) miles per hour and: (a) That is not registered with the Department and does not have a current registration decal issued pursuant to this article conspicuously displayed upon the back of the golf cart. (b) Without a valid Texas driver’s license.
  45. 45. (c) For personal use. (d) On or upon any sidewalk, pedestrian walkway, jogging path, park trail or any location normally used for pedestrian traffic. (e) With unseated occupants or a number of occupants in excess of the number for which factory seating is installed and provided. (f) While towing another golf cart or conveyance of any kind or person on roller skates, skateboard or bicycle. (g) When visibility is impaired by weather, smoke, fog, or other condition, or at any time when there is insufficient light to clearly see persons or vehicles on the roadway at a distance of five hundred feet (500’) or during inclement weather. Sec. 10.1705 Golf Cart Equipment Required. It shall be unlawful to operate a golf cart pursuant to this article which does not have the following equipment: (a) Two (2) headlamps; (b) Two (2) tail lamps; (c) Side reflectors [two (2) front, amber in color and two (2) rear, red in color]; (d) Parking brake; (e) Rearview mirror(s), capable of a clear, unobstructed view of at least two hundred feet (200’) to the rear; (f) Slow-moving vehicle emblem. Sec. 10.1706 Golf Cart Registration Required. All golf carts operated upon the traffic areas within the city limits pursuant to this article shall be registered with the Department prior to such operation. Registration of a golf cart is not intended to and shall not operate to warrant or guarantee that the golf cart meets any particular standard or condition or that it may be safely operated upon the traffic areas within the City. Registration shall be made in the manner set forth as follows: (a) Application for a golf cart registration shall be made upon a form provided by and to the Department. An annual registration fee as prescribed in Appendix A, Article 3.000, entitled “Business Related Fees”, Section 3.1300, entitled “Golf Cart Registration Fee”, shall be paid before each registration or renewal thereof is granted. (b) The Department, upon receiving proper application therefore and upon compliance inspection for required equipment, is authorized to issue a golf cart registration decal which shall be effective for one (1) calendar year.
  46. 46. (c) Such decal shall be firmly attached to the rear of the golf cart for which issued in such position as to be plainly visible from the rear. (d) Upon the expiration of any golf cart registration, the same may be renewed upon application and payment of the prescribed fee. (e) The Department shall not issue a golf cart registration decal for any golf cart the Department has reasonable grounds to believe that the applicant is not the owner of, or entitled to the possession of, such golf cart. (f) The Department shall not issue a golf cart registration decal for any golf cart for which the applicant has not submitted evidence of financial responsibility for the current registration period for the golf cart equivalent to or greater than the current minimum requirement for liability insurance under the Texas Motor Vehicle Safety Responsibility Act for operation of a motor vehicle. Such financial responsibility may be provided by a general liability insurance policy, self-insurance through a governmental agency, or by other valid insurance. Sec. 10.1706 Liability. Nothing in this article shall be construed as an assumption of liability by City for any injuries (including death) to persons, pets, or property which may result from the operation of a golf cart pursuant to this article. Section 2) 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 this Code. Each day of such violation shall constitute a separate offense. Section 3) THAT, the following severability clause is adopted with this amendment: SEVERABILITY: 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 ordinance.
  47. 47. Section 4) THAT, Appendix A, Article 3.000, entitled “Business Related Fees” is hereby amended by adding the following Section 3.1300, entitled “Golf Cart Registration Fee”: Sec. 3.1300 Golf Cart Registration Fee A golf cart registration application hereunder shall be accompanied by a golf cart registration fee of $20.00. Section 5) THAT, the following severability clause is adopted with this amendment: SEVERABILITY: 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 ordinance. Section 6) THAT this Ordinance shall be effective from an after the date of adoption. INTRODUCED on the and ADOPTED on this the day of day of 2013, and finally PASSED, APPROVED , 2013. CITY OF SAN ANGELO, TEXAS Dwain Morrison, Mayor ATTEST: Alicia Ramirez, City Clerk Approved as to content: Approved as to form: Tim Vasquez, Police Chief Lysia H. Bowling, City Attorney
  48. 48. Excerpt from Current City Code of Ordinances, Chapter 2, Article 2.3600 ECONOMIC DEVELOPMENT Sec. 2.3606 Levy, Use and Termination of Sales Tax (a) In accordance with the results of the September 11, 2004 sales tax election held under Section 4B of Vernon’s Ann. Civ. St. Art. 5190.6 (“Act” hereinafter), the City of San Angelo shall continue to levy and collect a one-half cent sales and use tax for the following purposes authorized by said election: (1) Infrastructure relating to the development of water supply facilities for one or more of the following options: water reuse and/or the use of fresh or brackish ground water; and the development and institution of water conservation programs including, but not limited to, education programs and incentives for the installation of water saving plumbing fixtures; (2) Projects authorized under the Act including, but not limited to, Concho River improvements; park improvements; sports and athletics facilities and improvements, including maintenance and operations expenses for such sports and athletics facilities and improvements; convention center, Fort Concho Museum, coliseum and fairground improvements; related improvements to enhance the foregoing items; and development and expansion of affordable housing; (3) Economic development purposes authorized under Section 4B of the Act, including, but not limited to, the development, promotion, creation, retention or expansion of business enterprises that create or retain primary jobs, and suitable infrastructure necessary to promote or develop business enterprises. (b) The one-half cent sales tax shall be levied and collected from July 1, 2005 and shall terminate on June 30, 2025. (c) One-half cent sales tax collected from July 1, 1999 until June 30, 2005 shall continue to be used for the following purposes authorized in the election held on January 16, 1999: (1) Lake Nasworthy Dredging Project and related improvements. (2) Coliseum and Fairgrounds Projects, including but not limited to replacement of air conditioning plant in the coliseum, construction of an indoor arena, and other facility improvements. (3) The promotion and/or development of new or expanding business enterprises which create or retain jobs including the provision of infrastructure to support such enterprises.
  49. 49. (Ordinance adopted 7/5/05)

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