april 2, 2013 city council agenda packet

City Council Agenda of 5 April 2, 2013

NOTICE OF A PUBLIC MEETING

AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS

9:00 A.M. - Tuesday, April 2, 2013 McNease Convention Center, South Meeting Room

500 Rio Concho Drive San Angelo, TX 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 210, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING. City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. 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

Arrive Alive – Don’t Text and Drive Month, April 2013, to be accepted by Texas Research Institute of Young Scholars (TRIYS), Fort Concho Elementary 5th Graders, Hannah Brown, Drew Eisenbach, Holly Esposito, Mariah Martinez, and Emily Montoya; and Mr. David Hooks, Teacher

National Service Recognition Day, April 9, 2013, to be accepted by Dolores Schwertner, Concho Valley RSVP Director; Sylvia Nombrano, Senior Companion Director, and Lindsey Elliott, Foster Grandparent Director

National Public Health Week, April 1-7, 2013, to be accepted by Marie Aguilar, Nursing Manager, Kevin Little and Cal Hurley, Environmental Health Inspectors, Bertha Trevino, Environmental Health Administrative Assistant, Gloria Hale, WIC Manager, James Flores, Code Compliance Manager, and Julie Vrana, Animal Services Manager

Animal Services and Tom Green County Sheriff’s Office and Trustee Program Appreciation Day, April 2, 2013, to be accepted by Julie Vrana, Animal Services Manager, David Jones, Tom Green Co. Sheriff, and Jeremy Hunt, Jailer

A Special Time of Prayer for Rain, April 14, 2013, to be accepted by Bishop Michael Pfeifer, O.M.I, Sacred Heart Cathedral

D. Recognition

Rex Rogers, for winning the contest suggesting the name for the City’s government access channel SATV


E. Public Comment

The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment.

II. CONSENT AGENDA 1. Consideration of approving the March 19, 2013 City Council Regular meeting minutes 2. Consideration of selecting Selectron Technologies, Inc. for RFP BR-01-12 Interactive Voice Response

System in the amount of $35,000.00 for providing, implementing, and maintaining an automated phone-in water billing credit card payment system, authorizing staff to negotiate a contract, and authorizing the City Manager to execute said contract (submitted by Water Utilities Director Ricky Dickson)

3. Consideration of selecting Rene Bates Auctioneers for RFP VM-02-13 Auctioneering Services, authorizing staff to negotiate a contract, and authorizing the City Manager or designee to execute said contract (submitted by Vehicle Maintenance Superintendent Patrick Frerich)

4. Consideration of approving special recreational lease agreement in substantially the attached form with Jorge R. Ellis and wife, Amy C. Ellis for an area 0.656 acre of land out of Lot 11, Block 1, Group Four, Lake Nasworthy Addition and authorizing the Water Utilities Director to execute the same (submitted Water Utilities Director Ricky Dickson)

5. Consideration of adopting a Resolution authorizing the City Manager to execute Amendment No. 2 to the contract between the City and Delta Dental Insurance Company, which contract was effective January 1, 2012, to provide that retired employees of the city of San Angelo and their dependents become eligible for dental insurance coverage effective January 1, 2013, for stated monthly premiums payable by the insured retired employee, provided they meet employer eligibility requirements (submitted by Human Resources Lisa Marley)

6. Consideration of a request to release a utility easement in the Wade & Turner Addition, first replat in block one, running parallel to West 14th and 15th streets between Martin Luther King Drive and North Bryant Boulevard, in northwest San Angelo (submitted by Interim Director of Development Services AJ Fawver)

7. Consideration of adopting a Resolution authorizing the City Manager to execute a Neighborhood Stabilization Program (NSP) One Program Income Reservation System Participation Agreement with the Texas Department of Housing and Community Affairs for purposes of providing continued administration of the award of NSP funds under Contract No. 7709999128, and commitment of funds (submitted by Neighborhood and Family Services Director Bob Salas)

8. Second hearing and consideration of adopting an Ordinance amending the 2012-2013 Budget for new projects, incomplete projects, capital projects and grants (submitted by Budget Analyst Steve Mahaffey) AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS

9. Second Hearing and consideration of introducing an Ordinance amending the allocation method of Hotel Occupancy Tax and related matters (submitted by Assistant City Manager/Chief Financial Officer Michael Dane) AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS, CHAPTER 5 “BUSINESS AND COMMERCE”, ARTICLE 5.800 “HOTEL


OCCUPANCY TAX”, SECTION 5.805 “PURPOSE AND DISTRIBUTION OF TAX”, BY REPEALING SAID SECTION IN ITS ENTIRETY AND ADOPTING A NEW SECTION 5.805 ENTITLED, “USE OF REVENUE”, TO REMOVE THE MANDATED ALLOCATION OF REVENUE FOR USES ON A FIXED PERCENTAGE BASIS AND TO PROVIDE FOR ALLOCATION OF REVENUE FOR USES PERMITTED BY LAW AS CITY COUNCIL MAY DETERMINE WILL PROVIDE THE BEST VALUE IN APPLICATION OF HOTEL OCCUPANCY TAX REVENUE TO THE CITIZENS OF SAN ANGELO BY RESOLUTION FROM TIME TO TIME

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, Section 551.071(2) to consult with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter on issues related to the landfill

Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property

Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo

G. PUBLIC HEARING AND COMMENT

10. Presentation of the Downtown San Angelo, Inc. 3rd & 4th 2012 Quarterly Report (Presentation by Executive Director Del Velasquez)

11. Demonstration and consideration of the Neptune N Sight IQ software which would allow citizens the ability to access their utility data collected from the City’s automatic meter reading system and any action in connection thereto (Presentation by Water Utilities Director Ricky Dickson and Charlie Trimble of Neptune Technology Group)

12. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo PD 07-01 (2013 amendment): Carrie & John Maier and Glenn & Peggy Rosser AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 3512 Ben Ficklin Road, located approximately 200 feet east from the intersection of Ben Ficklin Road and South Bryant Boulevard. This property specifically occupies approximately 10.8 acres in the southwest portion of a 73.9 acre tract of the E Hermes Survey 0174 Abstract 0349 in south central San Angelo, as indicated in Exhibit B of this Ordinance, changing the zoning classification from Ranch & Estate (R&E) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Interim Director of Development Services AJ Fawver)


13. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-08: Cho Walker CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 1205 South Jackson Street; located approximately 75 feet southwest from the intersection at South Jackson Street and West Avenue H. This property specifically occupies the South Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo, changing the zoning classification from a Single Family Residential (RS-1) to a Two-Family Residential (RS-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Interim Director of Development Services AJ Fawver)

14. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-09 AKA PD 07-03 (2013 Amendment): Jack Gabriel AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: a 7.938 acres at southwest corner of South Oxford Drive and A&M Avenue in southwestern San Angelo, amending the zoning classification from a Planned Development (PD) District (PD 07-03) previously approved for assisted group living to specifically add allowance for the operation of a gymnastics academy; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Interim Director of Development Services AJ Fawver)

15. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-10: Mills Development INC AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed tract occupying 8.895 acres of the Deaf & Dumb Asylum Survey Number Two, Abstract 8211. This property was annexed into the City Limits on March 5, 2013 and is directly west from Mills Pass Drive along a proposed extension of Autumwood Trail. This property specifically occupies a proposed subdivision titled, Prestonwood Addition, Section Two, Block 6, Lots 1-18 and Prestonwood Addition, Section Two, Block 7, Lots 1-16 in southwest San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Interim Director of Development Services AJ Fawver)

16. Discussion and consideration of petition seeking annexation (to San Angelo’s City limits) of certain properties situated immediately west/southwest of San Angelo and encompassing a vacant 24.484 acre tract extending northwest from Mills Pass Drive, and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the proposed Prestonwood Addition, Section Two (Presentation by Interim Director of Development Services AJ Fawver)


17. Consideration of adopting a Resolution ratifying the filing of an application by the City of San Angelo Development Corporation with the Texas State Energy Conservation Office for the installation of solar panels and an electric vehicle charging station at the Spur Arena promoting and demonstrating renewable energy technology and as a supplemental electrical source (Presentation by Interim Economic Development Director Bob Schneeman)

18. Discussion of cost related to Texas Municipal Retirement System cost of living adjustment increase (Presentation by Assistant City Manager/Chief Financial Officer Michael Dane)

19. Discussion on amending the Ordinance related to growth restrictions under Section 7.303 Weeds and Vegetation and any action in connection thereto (Requested by Councilmember Farmer and presentation by Code Compliance Manager James Flores)

H. FOLLOW UP AND ADMINISTRATIVE ISSUES

20. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed 21. Consideration of approving various Board nominations by Council and designated Councilmembers:

a. Design and Historic Review Commission: Ryan Smith (SMD3) to an unexpired term September 2014

b. Tax Increment Reinvestment Zone: Del Velasquez (SMD3) to an unexpired term October 2013 22. Consideration of approving a Civil Service Commission nomination, Keith Hidalgo, by the City

Manager 23. Announcements and consideration of Future Agenda Items 24. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Wednesday, March 27, 2013, at 5:00 P.M.

/s/________________________ Alicia Ramirez, City Clerk

P R O C L A M A T I O N

WHEREAS, no text is worth dying for; and WHEREAS, the purpose of the “Arrive Alive” campaign focuses heavily on

education, adding fuel to our efforts to reverse this growing road safety problem; and

WHEREAS, it's important that every driver understand the risks of such a

dangerous behind-the-wheel activity, and we especially need to reach the newest generation of driver, who are the most prolific texters - with real solutions; and

WHEREAS, with texting drivers twenty three times more likely to be in an

accident, we must change attitudes, shift behaviors and save lives; and

WHEREAS, in order to make a sustained change, everyone must do his or her

part to put an end texting and driving. NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim the month of March as

“ARRIVE ALIVE– DON’T TEXT AND DRIVE AWARENESS MONTH” In San Angelo, Texas, and urge all citizens to take part in the spirit of this week and pledge to never again text from behind the wheel of a moving vehicle.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 19th day of March, 2013.

THE CITY OF SAN ANGELO ___________________________

Alvin New, Mayor

Mayors Day of Recognition for National Service

WHEREAS, service to others is a hallmark of the American character, and central to how we meet our challenges; and WHEREAS, the nation’s mayors are increasingly turning to national service and volunteerism as a cost-effective strategy to meet city needs; and, WHEREAS, AmeriCorps and Senior Corps address the most pressing challenges facing our cities and nation, from educating students for the jobs of the 21st century and supporting veterans and military families to preserving the environment and helping communities recover from natural disasters; and WHEREAS, San Angelo has all three Senior Corps Programs; Concho Valley RSVP, Foster Grandparent Program and Senior Companion Program, whose volunteers meet local community needs on a daily basis; and, WHEREAS, national service expands economic opportunity by creating more sustainable, resilient communities and providing education, career skills, and leadership abilities for those who serve; and WHEREAS, national service participants serve in more than 70,000 locations across the country, bolstering the civic, neighborhood, and faith-based organizations that are so vital to our economic and social well-being; and WHEREAS, national service participants increase the impact of the organizations they serve with, both through their direct service and by recruiting and managing millions of additional volunteers; and, WHEREAS, national service represents a unique public-private partnership that invests in community solutions and leverages non-federal resources to strengthen community impact and increase the return on taxpayer dollars; and, WHEREAS, AmeriCorps members and Senior Corps volunteers demonstrate commitment, dedication, and patriotism by making an intensive commitment to service, a commitment that remains with them in their future endeavors; and WHEREAS, the Corporation for National and Community Service shares a priority with mayors nationwide to engage citizens, improve lives, and strengthen communities; and is joining with mayors across the country to support the Mayors Day of Recognition for National Service on April 9, 2013. THEREFORE, BE IT RESOLVED that I, Mayor Alvin New of San Angelo Texas do hereby proclaim April 9, 2013, as National Service Recognition Day, and encourage residents to recognize the positive impact of national service in our city, to thank those who serve; and to find ways to give back to their communities.


WHEREAS, the week of April 1-7, 2013, is National Public Health Week, and the theme is

“Public Health is Return on Investment: Save Lives, Save Money”; and,

WHEREAS, the San Angelo-Tom Green County Health Department and Family Support Services Department has educated the public, policymakers, and public health professionals about issues important to improving the public’s health; and,

WHEREAS, preventing diseases before they start is critical to helping people live longer, healthier lives while managing health-related costs; and,

WHEREAS, investing just $10 per person each year in proven, community-based public health efforts could save the nation more than $16 billion within five years; and,

WHEREAS, vaccines are one of the most cost-effective public health interventions; and,

WHEREAS, infants who receive the seven vaccines given as part of the routine childhood immunization schedule, society saves $9.9 million in direct health care costs; 3,000 lives are saved; and 14 million cases of disease are prevented; and,

WHEREAS, preterm births cost the U.S. over $26 billion a year with average first year medical costs for a premature/low birth-weight baby of $40,033 compared to $4,551 for a baby born without complications.

WHEREAS, a pregnant woman may participate in WIC for approximately $743 a year with an average participation length of 13 months; and,

WHEREAS, Research has also shown that breastfed infants may have a reduced risk for childhood obesity.

NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim the week of April 1st through 7th

“National Public Health Week” In San Angelo, Texas, and urge all citizens to support this charitable effort.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 2nd day of April, 2013.


Alvin New, Mayor


Whereas, the City of San Angelo Animal Shelter took in 10,113 abandoned and unwanted animals in

2012; and Whereas, the irresponsibility of some pet owners has resulted in animals running loose and

unsupervised, causing a treat to public health and safety; and Whereas, indiscriminate breeding allowed by irresponsible pet owners who have not had their pets

spayed or neutered has contributed to pet overpopulation; and Whereas, the overpopulation of unwanted and homeless animals continues to place a heavyburden on

shelter staff when the shelter is the only open-admission shelter in San Angelo, Tom Green and the surrounding counties that never turns away any animal for any reason, even if there is a lack of available space; and

Whereas, animal control officers and shelter staff, like police officers and emergency medical personnel, must respond to these community problems and crisis; and

Whereas, shelter staff deal with the stressful and emotionally painful task of caring daily for abused, neglected, sick, injured, malnourished, stray and unwanted pets-only to see their love and care too often end with only some of these animals finding good homes; and

Whereas, the work of animal shelters and the important services they provide often go unnoticed and under-appreciated by the citizens; and

Whereas, animal shelters act as safe havens for homeless and abused, abandoned and unwanted animals, providing them with comfort and care as space permits; and

Whereas, in partnership with the City of San Angelo Animal Shelter, the Tom Green County Sheriff’s Office and Trustee Program, provide the animal shelter with County Trustees; and

Whereas, the Jailer in charge and trustees that volunteer for the program clean kennels, provide food and water to shelter animals, and clean other shelter general areas daily, thereby enhancing the appearance of the shelter and help maintain a certain level of health and safety of the animals; and

Whereas, the animal shelter received their annual inspection by the Department of State Health Services Zoonosis Branch during a surprise visit on February 8, 2013; and

Whereas, the inspector was pleased by the positive changes made within the last two years; and Whereas, the shelter passed inspection with favorable comments. NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby designate April 2, 2013

“City of San Angelo Animal Shelter Tom Green County Sheriff’s Office and

Trustee Appreciation” In San Angelo, Texas, and urge all citizens to support this charitable effort.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this ?? day of ???, 2012.


Alvin New, Mayor

P R O C L A M A T I O N WHEREAS, There is an urgent need for rain in San Angelo and the

surrounding areas of West Texas; and WHEREAS, We know that by placing our confidence in Christ, who told us to

ask for every good gift, that when we ask in His name, it will be granted; and

WHEREAS, We ask our kind and loving Heavenly Father and Creator to bless

us with the special gift of this much needed rain to fill our lakes, streams, reservoirs, and aquifers;

NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby declare Sunday, April 14th, as

A SPECIAL TIME OF PRAYER FOR RAIN and would invite all people to join in prayer on those days in their churches and in their homes for this beautiful and heavenly gift so our humble and heartfelt request may be granted through the power of the Holy Spirit.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 2nd day of April, 2013.

THE CITY OF SAN ANGELO

___________________________ ALVIN NEW, MAYOR

For immediate release Feb. 1, 2013

City’s government access channel rebranded as SATV

The City of San Angelo’s government access channel on the Suddenlink cable system finally has a name: SATV. Formerly known simply as Channel 17, SATV airs meetings of the City Council and other boards and commissions, “theCITY” interview show, employee spotlights, Nature Center shows, City-related public service announcements, and other original programming related to San Angelo’s municipal government. The new name, which in effect is the channel’s first name, was suggested by citizen Rex Rogers through the City’s Facebook page, facebook.com/CityofSanAngeloTexas. “That’s so cool,” Rogers said when informed of his winning suggestion. “I watch the channel when I can and I like the direction it’s going, so this is exciting.” “The genius of Rex’s suggestion is that ‘SATV’ is smart, succinct and perfectly describes whom the channel is for and by,” Public Information Officer Anthony Wilson said. “We’re thrilled to finally give the channel an identity.”

###

Public Information Division Anthony Wilson, Public Information Officer 72 W. College Ave. Office: 325.481.2727 Cell: 325.234.0014 [email protected]

mailto:[email protected]

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 393 Tuesday, March 19, 2013 Vol. 104

OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:07 A.M., Tuesday, March 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, Alvin New Councilmember Paul Alexander Councilmember Dwain Morrison Councilmember Johnny Silvas Single Member District #4 - Vacant Councilmember Kendall Hirschfeld Councilmember Charlotte Farmer

were present and acting, with the exception of Councilmember Farmer, thus constituting a quorum. Whereupon, the following business was transacted:

An invocation was given by Reverend Samuel Green, of the Baha’i Faith Tradition and pledge was led by Paige Harris, 5th Grader at Trinity Lutheran School.

PROCLAMATIONS AND RECOGNITIONS

National Nutrition Month, March 2013, was accepted by Betty Teston, Big Country Academy of Nutrition & Dietetics, local organization for Dietitians and members of the American Academy of Nutrition & Dietetics Lutheran Schools Month, March 2013, was accepted by Ron Fritsche, Principal of Trinity Lutheran School PUBLIC COMMENT

Public comment was made by Jerry Sea, member of West Texas Opportunity Strategy,

Mayor made the following announcements:

• Business Resource Center Grand Opening on Wednesday, March 20, 2013, at 4:00 p.m. • The City is seeking volunteers to serve on various City Boards and Commissions. Applicants may obtain an

application from the City Clerk. • Voter registration deadline for the May 11, 2013 election is April 11, 2013.

CONSENT AGENDA

APPROVAL OF THE FEBRUARY 26, 2013 CITY COUNCIL SPECIAL MEETING MINUTES AND THE MARCH 5, 2013 CITY COUNCIL REGULAR MEETING MINUTES

ADOPTION OF A RESOLUTION AWARDING BID CFM-01-13FOR PEST CONTROL SERVICES TO BUG EXPRESS AUTHORIZING THE CITY MANAGER TO EXECUTE RELATED DOCUMENTS (Page 401, #2013-03-036)

Minutes Vol. 104 March 19, 2013

APPROVAL OF A RESIDENTIAL LEASE RENEWAL LOCATED AT LOT 104, GROUP SHADY POINT, 6678 KNICKERBOCKER ROAD (PERSELY), AND AUTHORIZING THE WATER UTILITIES DIRECTOR TO EXECUTE THE SAME

ADOPTION OF A RESOLUTION OF THE CITY OF SAN ANGELO 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: (Page 403, #2013-03-037)

• 1944 & 1948 Magnolia Street, (Gonzalez), Lots 1 & 2, Block 2, Avondale, $1,000.00, Suit No.B99-0081-T • 207 E Avenue L, (Perez), E 50’ x 238’ of a 1 acre Tract, Fisher Miller, $750.00, Suit No.TAX89-0388B • 725 Hughes Street, (Salinas), Lot 9, Block 2, Culwell, $950.00, Suit No. B-03-0087-T • 816 Volney, (Salinas) Portion of Lots 6-8, Block 28, Miles, 1,500.00, Suit No. B-05-0192-T • 111 E 13th Street, (Salinas), Lot 7, Block 57, Miles, $1,200.00, Suit No. B-97-0170-T • 329 13th Street, (Salinas), Lot 2, Block 2, Pecan Place, $750.00, Suit No.TAX90-0083B • 1916 Shelton, (Sanchez), S ½ of Lot 12, Block 3, Home Acres, $2,500.00, Suit No.B-00-0043-T

ADOPTION OF A RESOLUTION ALLOWING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE A CONTRACT WITH THE CHAMBER OF COMMERCE CONVENTION & VISITORS BUREAU ALLOCATING HOTEL OCCUPANCY TAX FUNDS (Page 405, #2013-03-038)

ADOPTION OF A RESOLUTION APPOINTING ELECTION OFFICIALS FOR THE ELECTION TO BE HELD ON MAY 11, 2013; AND PROVIDING FOR AN EFFECTIVE DATE (Page 407, #2013-03-039)

ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE SAN ANGELO INDEPENDENT SCHOOL DISTRICT (SAISD) PROVIDING FOR CONSTRUCTION BY THE CITY OF RECREATIONAL AND PARK IMPROVEMENTS, NOT TO EXCEED $175,000.00, FOR PUBLIC USE ON PROPERTY OWNED BY THE SAISD GENERALLY KNOWN AS BRADFORD ELEMENTARY SCHOOL, TO BE MAINTAINED BY THE SAISD (Page 411, #2013-03-040)

ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED LEASE AGREEMENT AMENDING THE ORIGINAL LEASE AGREEMENT BETWEEN CITY OF SAN ANGELO AND HOWARD COUNTY JUNIOR COLLEGE DISTRICT, INCLUDING EXTENDING THE ORIGINAL LEASE TERM AND PROVIDING FOR ADDITIONAL IMPROVEMENTS TO BE MADE ON LEASED PREMISES (Page 413, #2013-03-041)

ADOPTION OF A RESOLUTION ENDORSING CERTAIN LEGISLATIVE ACTION IN THE REGULAR SESSION OF THE 83RD TEXAS LEGISLATURE TO ENHANCE THE COMPETITIVE ELECTRIC MARKET AND SYSTEM RELIABILITY AND TO PROTECT THE TRADITIONAL ROLE OF CITIES IN THE REGULATORY PROCESS (Page 415, #2013-03-042)

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 417, #2013-03-043)

PD 13-01: West Company/Granger Macdonald

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

Minutes Page 395 March 19, 2013 Vol. 104 COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: an unaddressed 9.8 acre property out of approximately 75 acres currently described as Section 3, Arden Acres, which is located adjacent to and directly west of the intersection of Northwest Drive and Green Hill Road. The property specifically occupies a proposed Second Replat of Arden Acres, Section Three, Block 3, Tract 3 in western San Angelo, changing the zoning classification from a combination of Single-Family Residential (RS-1) and General Commercial (CH) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


Z 13-02: Debbie Clark

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: 2008 Beacon Street, located on the northeast corner of the intersection of Beacon Street and Montague Avenue. This property specifically occupies the Avondale Addition, Block 10, Lots 15-20, in central San Angelo, changing the zoning classification from a Single-Family Residential (RS-1) to a Two-Family Residential (RS-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


Z 13-03: Tom Green County

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: 318 North Bell Street, located on the northeast corner of the intersection of North Bell Street and Spaulding Street. This property specifically occupies the Bell Addition, Block 9, 2.35 acres in the southwest corner of Block 9, in north central San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


Z 13-04: Abel Fernandez

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: 1006 East 14th Street, located approximately 170 feet from the

Minutes Vol. 104 March 19, 2013 northeast intersection at East 14th Street and Wade Street. This property specifically occupies the Exall Addition, Block 9, Lot 8 Exc. West 88.7’, in north central San Angelo, changing the zoning classification from a Single-Family Residential (RS-1) to a Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


Z 13-06: City of San Angelo Development Corporation

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: 1020, 1030, & 1040 Gateway Drive, located east of the intersection of Gateway Drive and FM 380; more specially occupying the Gateway Addition, Section 1, Block 3, Lots 1 and 2 and Tract A, in Section 1 being a 20.059 acres, in northeast San Angelo, changing the zoning classification from Light Manufacturing (ML) to Heavy Manufacturing (MH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


Z 13-07: City of San Angelo Planning

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 of land located at the southwest end of Twin Mountain Drive. This property specifically occupies approximately 24 acres of the G. Maurer Survey 0182, Abstract 1649, west of Sections One-A and One-B of The Homestead, in southwest San Angelo, changing the zoning classification from a Planned Development (PD) to a Single Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT 1 (Page 433, #2013-03-049)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER 1 FOR THE PURPOSE OF INCORPORATING NEWLY ANNEXED AREAS INTO SAID DISTRICT, PROVIDING FOR PRECLEARANCE AND ALL OTHER NECESSARY ACTIONS; AND PROVIDING FOR AN EFFECTIVE DATE

Motion, to approve the Consent Agenda, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Motion carried unanimously.

Minutes Page 397 March 19, 2013 Vol. 104

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

UPDATE ON THE DESIGN AND CONSTRUCTION ACTIVITIES FOR THE HICKORY AQUIFER WATER SUPPLY PROJECT

Interim Water Utilities Director Ricky Dickson and Hutch Musallam with Carollo Engineers presented background information. A copy of the presentation is part of the Permanent Supplement Record.

Councilmember Farmer arrived to the meeting at 9:28 A.M.

General discussion was held on the substantial completion for the expanded well field on or about September or October 2014 for the drilling of the additional 5-7 wells. Mr. Musallam informed drilling should begin September 2013, recognizing the environmental restrictions of the endangered species black-capped vireo bird, hunting season from October 15th through January 15th. Further discussion was held on the current 18-month water level, the viability of a successful well and connectivity to the existing water source, pending regulatory compliances under review, water main location to the treatment plant, replacement of treatment facility, and the available funding for the additional wells.

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2012-2013 BUDGET FOR NEW PROJECTS, INCOMPLETE PROJECTS, CAPITAL PROJECTS AND GRANTS

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS

Budget Analyst Steve Mahaffey presented background information. A copy of the presentation is part of the Permanent Supplement Record.

Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld. Motion carried unanimously.

PUBLIC HEARING AND ADOPTION OF A RESOLUTION AUTHORIZING THE ADOPTION OF THE 2013-2018 CAPITAL IMPROVEMENT PLAN FOR THE CITY OF SAN ANGELO (Page 439, #2013-03-050)

Budget Analyst Laura Brooks presented background information. Motion, to adopt the Resolution, as presented, was made by Councilmember Farmer and seconded by Councilmember Hirschfeld. Motion carried unanimously.

RECESS

At 10:09 A.M., Mayor New called a recess.

RECONVENE

At 10:21 A.M., Council reconvened, and the following business was transacted:

DISCUSSION OF PROHIBITING COMMERCIAL VEHICLES FROM USING CERTAIN STREETS AND PARKING IN CERTAIN AREAS WITHIN THE SAN ANGELO CITY LIMITS AND ANY ACTION IN CONNECTION THERETO Requested by Councilmember Morrison, City Engineer Clinton Bailey presented background information. Councilmember Morrison commented on the increased traffic on Cauley Land, Fruitland Farm Road, and requested staff consider installing a sign. General discussion was held on adding a phone number should a violation be found, providing consistency or establish a structured criteria plan to assist staff with such requests. Council directed staff to review and present a plan at a future meeting.

Minutes Vol. 104 March 19, 2013 APPROVAL TO GRANT A REQUEST FOR TEMPORARY PLACEMENT OF A MOBILE HOME, NOT TO EXCEED ONE YEAR, DURING CONSTRUCTION OF A PERMANENT HOME ON THE SAME 3 ACRE SITE. 1105 WEST 48TH STREET, LOCATED APPROXIMATELY 320 FEET EAST OF THE INTERSECTION OF LAKE DRIVE AND WEST 48 STREET; MORE SPECIFICALLY OCCUPYING THE CHANDLER SUBDIVISION, SECTION 1, BLOCK 1, LOT 2, IN NORTHWEST SAN ANGELO Interim Director of Development Services AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplement Record. General discussion was held on the time limit of the temporary permit and existing violations of temporary placement of mobile homes. Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by Councilmember Silvas. Public comment was made by Proponent Kenneth A. Rocksuold. A vote was taken on the motion on the floor. AYE: New, Alexander, Morrison, Silvas, and Hirschfeld. NAY: Farmer. Motion carried 5-1. FIRST PUBLIC HEARING AND CONSIDERATION OF INTRODUCING AN ORDINANCE AMENDING THE ALLOCATION METHOD OF HOTEL OCCUPANCY TAX AND RELATED MATTERS AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS, CHAPTER 5 “BUSINESS AND COMMERCE”, ARTICLE 5.800 “HOTEL OCCUPANCY TAX”, SECTION 5.805 “PURPOSE AND DISTRIBUTION OF TAX”, BY REPEALING SAID SECTION IN ITS ENTIRETY AND ADOPTING A NEW SECTION 5.805 ENTITLED, “USE OF REVENUE”, TO REMOVE THE MANDATED ALLOCATION OF REVENUE FOR USES ON A FIXED PERCENTAGE BASIS AND TO PROVIDE FOR ALLOCATION OF REVENUE FOR USES PERMITTED BY LAW AS CITY COUNCIL MAY DETERMINE WILL PROVIDE THE BEST VALUE IN APPLICATION OF HOTEL OCCUPANCY TAX REVENUE TO THE CITIZENS OF SAN ANGELO BY RESOLUTION FROM TIME TO TIME Assistant City Manager/Chief Financial Officer Michael Dane presented background information. Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld. Motion carried unanimously. DISCUSSION AND UPDATE ON THE HOUSING DATA OBTAINED BY HOTEL/COMMUNITY HOUSING COMMITTEE MEMBERS Requested by Councilmember Hirschfeld, City Manager Daniel Valenzuela presented background information and distributed a handout. A copy of the handout is part of the Permanent Supplement Record.

Mr. Valenzuela informed he will facilitate the meetings to address the issues. General discussion was held on the Planning Commission’s review and actions related to the current zoning ordinance, the review and clarification of the zoning ordinance and possible amendments to the ordinance, the potential submittal of recreational vehicle park permit requests, the lack of regulations of such development, designating an area for such development, the stakeholders involved, the potential for landlords to increase or escalate lease prices, and performance measures.

Councilmember Farmer suggested inviting someone from the military housing office.

Mayor New directed staff to research what other cities are doing, to examine the process, and for staff to present those findings during the Council’s joint session with the Planning Commission.

Public comment was made by Craig Meyers of West Texas Opportunity Strategy.

Minutes Page 399 March 19, 2013 Vol. 104 RECESS

At 11:04 A.M., Mayor New called a recess.

RECONVENE

At 11:10 A.M., Council reconvened, and the following business was transacted:

EXECUTIVE/CLOSED SESSION

At 11:35 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 551.072 to deliberate the purchase, exchange, lease, or value of real property; and, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo.

RECONVENE

At 12:07 P.M., Council reconvened, and the following business was transacted:

RECESS

At 12:07 P.M., Mayor New called a recess.

RECONVENE

At 12:17 P.M., Council reconvened, and the following business was transacted: FOLLOW UP AND ADMINISTRATIVE ISSUES

CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION

No action was taken on matters discussed in Executive/Closed Session.

APPROVAL OF A BOARD NOMINATION BY COUNCIL AND DESIGNATED COUNCILMEMBERS:

Planning Commission: Valerie Priess (Mayor) to an unexpired term January 2014

Motion, to approve the board nominations by Council and designated Councilmembers, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Motion carried unanimously.

CONSIDERATION OF NOMINATING CITY COUNCIL MEMBERS TO SERVE AS REPRESENTATIVES ON THE CONCHO VALLEY COUNCIL OF GOVERNMENT GENERAL ASSEMBLY Motion, to nominate Councilmember Silvas, was made by Mayor New and seconded by Councilmember Hirschfeld. Motion carried unanimously. ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS

City Manager Daniel Valenzuela distributed the proposed April 2, 2013 Agenda and solicited Council comments and suggestions.

Councilmember Farmer requested updates on the amendment to the mowing ordinance and Texas Municipal Retirement System cost of living adjustment.

Councilmember Alexander requested staff provide more definition on recreational vehicle parks, codification, ordinance, research what other community’s have implemented. Council suggested staff provide the information no later than the 2nd meeting in April.

Responding to a question from Councilmember Silvas, Ms. Bowling informed the City does not have

Minutes Vol. 104 March 19, 2013 jurisdiction over Class B Misdemeanors and such is handled at the county level.

Council requested an update on the Republic Services Contract.

Mayor New requested a report on the revenue growth line on franchise tax, user fees, sales tax with a two to three year comparison (before during and after) in relation to the general fund and property tax revenue.

ADJOURNMENT

Motion, to adjourn, was made by Councilmember Hirschfeld and seconded by Councilmember Morrison. Motion carried unanimously.

The meeting adjourned at 12:29 P.M.

THE CITY OF SAN ANGELO ___________________________________ Alvin New, 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.)

Minutes Page 401 March 19, 2013 Vol. 104

THIS PAGE INTENTIONALLY LEFT BLANK.

Formatted: Justified

City of San Angelo

Memo Date: March 28, 2013

To: Mayor and Councilmembers

From: Ricky Dickson, Director of Water Utilities

Subject: Agenda Item for April 2, 2013 Council Meeting

Contact: Ricky Dickson, Director of Water Utilities

Caption: Consent Item

Consideration to select vendor from RFP BR-01-12 and authorize staff to negotiate an Interactive Voice Response System (IVR) contract and City Manager to execute the contract

Summary: The City of San Angelo requested proposals for an Interactive Voice Response system and received responses from; Selectron Technologies, Inc., Paymentus Corporation, Interact Incorporated Software Systems, and Centurion Inc.

History: With an IVR system, citizens will be able to access account information – billing or payment, consumption history, balance due, due date, and make a payment by telephone through a series of verbal and touchtone prompts. The proposed system will reduce call volumes while extending customer access to their account. Depending on the amount of customization required, a typical system installation takes between 90 and 120 days to implement.

A committee of five evaluated the companies on experience, equipment, answers to specifications, cost/maintenance and training. The committee members were Kevin Krueger-Interim Assistant Director of Water Utilities, Mary Cleveland-Billing and Receipts Manager, Toni Fox-Customer Service/Water Conservation Manager, Roger Banks-Purchasing Manager and John Eades-Information Technology Manager

Selectron Technologies is a preferred partner with SunGard, the City’s current financial system software provider and received the highest ranking from the selection committee.

Financial Impact: Anticipated Cost: One-time installation - $20,000.00, Annual - $15,000.00.

Related Vision Item (if applicable):

Other Information/ Recommendation:

Staff recommends approval to negotiate the new contract, authorizing the City Manager to execute the contract and purchase of the IVR services with Selectron Technologies.

Attachments: BR-01-12 Acknowledgement.pdf PUR BR-01-12 Scoring Justification.pdf PUR BR-01-12 Scoring Worksheet.pdf Bid Packet

Presentation: None

Publication: None

Reviewed by Director:

Ricky Dickson, Director of Water Utilities

Approved by Legal:

Request for Proposal City of San Angelo

Billing & Receipts Division

Interactive Voice Response System

RFP No. BR-01-12

City of San Angelo

72 West College Avenue San Angelo, Texas 76903

RFP SUBMITTAL DEADLINE November 14, 2012, 2:00 P.M. Local Time

i

Table of Contents

INTRODUCTION.................................................................................................................................................. 1

PROJECT SUMMARY ....................................................................................................................................................... 1 BACKGROUND ............................................................................................................................................................... 1 DISQUALIFICATION ......................................................................................................................................................... 1 CONFIDENTIALITY ........................................................................................................................................................... 1 DOCUMENT, PLANS AND SPECIFICATIONS AVAILABILITY ......................................................................................................... 1 AWARD OF CONTRACT .................................................................................................................................................... 1 ACCEPTANCE OF PROPOSAL CONTENT ................................................................................................................................ 2 EQUAL EMPLOYMENT OPPORTUNITY ................................................................................................................................. 2 DIGITAL FORMAT ........................................................................................................................................................... 2 PROPOSAL TERM ........................................................................................................................................................... 2 POINTS OF CONTACT ...................................................................................................................................................... 2

INSURANCE REQUIREMENTS .............................................................................................................................. 3

DEADLINE AND DELIVERY LOCATION .................................................................................................................. 5

DEADLINE ..................................................................................................................................................................... 5 COPIES......................................................................................................................................................................... 5 SEALED ENVELOPE/CONTAINER ADDRESSING ...................................................................................................................... 5 DELIVERY ADDRESSES ..................................................................................................................................................... 5

REQUIRED SUBMITTAL INFORMATION ............................................................................................................... 7

VENDOR BACKGROUND AND EXPERIENCE ........................................................................................................................... 7 IVR REQUIREMENTS ....................................................................................................................................................... 7

Telephony Integration .......................................................................................................................................... 7 IVR Functionality .................................................................................................................................................. 7 System Administration ......................................................................................................................................... 8 Support and Maintenance .................................................................................................................................... 8

PRICING PROPOSAL ........................................................................................................................................................ 9

PROPOSAL FORMAT .......................................................................................................................................... 11

PROPOSAL FORMAT INSTRUCTIONS ................................................................................................................................. 11 PROPOSAL LENGTH ...................................................................................................................................................... 12

SELECTION PROCESS.......................................................................................................................................... 13

SUBMISSION FORMS ......................................................................................................................................... 15

REFERENCES ............................................................................................................................................................... 17 LOCAL PREFERENCE CONSIDERATION APPLICATION ............................................................................................................. 19 DISCLOSURE OF CERTAIN RELATIONSHIPS .......................................................................................................................... 21 DEBARMENT AND SUSPENSION CERTIFICATION .................................................................................................................. 25 LETTER OF INTEREST ..................................................................................................................................................... 29 CONTACT INFORMATION ............................................................................................................................................... 31

CITY OF SAN ANGELO PURCHASING DEPARTMENT 72 West College Avenue, San Angelo, TX 76903 Tel: (325) 657-4219 or 657-4220

RFP: BR‐01‐12/IVR System 1

INTRODUCTION

Project Summary The City of San Angelo is requesting proposals for an Interactive Voice Response (IVR) solution that:

1. Enables customers to process credit card payments over the phone 2. Integrates with our current CIS vendor ‐ SunGard Private Sector 3. Integrates with our current credit card payment processor ‐ Automatic Merchant Systems Inc. 4. Is a PCI Level 1 compliant Service Provider

Background Currently calls are funneled through our customer service main number and directed to our billing department where the calls are answered as agents are available. The Billing and Receipts representative accesses our cash receipt application and keys the customer information directly.

The City of San Angelo:

Customer accounts ‐ Approximately 35,000 customer accounts

Call volume ‐ Bills an average of 1,750 customers Monday – Friday, monthly

Host database environment ‐ SunGard Public Sector

Host credit card environment – Automatic Merchant Systems Inc

Has four cash receipts agents

Payment call volume ‐ An increasing average of 800 calls per month

Disqualification Disqualification may occur for any of the following reasons:

The respondent is involved in any litigation against the City of San Angelo;

The respondent is in arrears on any existing contract or has defaulted on a previous contract with the City;

The respondent is debarred, suspended, or otherwise excluded from or ineligible for participation in State or Federal assistance programs.

Confidentiality All proposals submitted shall remain confidential. After award, proposals will be made available for public inspection. The City shall not be responsible for the confidentiality of any trade secrets or other information contained or disclosed in the proposal unless clearly identified as such.

Document, Plans and Specifications Availability Contract documents, including plans and specifications are available and may be examined or obtained without charge in the Purchasing Division, Room 314, City Hall, San Angelo, Texas. The Request for Bid is also available at http://www.sanangelotexas.us, City Departments, Purchasing, Bidding Opportunities at no cost.

Award of Contract The City reserves the right to accept or reject any or all proposals, and to waive any informalities or irregularities in the RFP process. The City is an equal opportunity employer

The City will select the most highly qualified respondent(s) of the requested services based on demonstrated competence and qualifications and then attempt to negotiate with respondent(s) a contract(s) at a fair and reasonable price.

2 RFP: BR‐01‐12/IVR System

Acceptance of Proposal Content Before submitting a proposal, each Respondent shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the performance of the contract and to verify any representations made by the City upon which the proposal will rely. If the Respondent receives an offer because of its proposal, failure to have made such investigation and examinations will in no way relieve the Respondent from its obligation to comply in every detail with all provisions and requirements.

Equal Employment Opportunity Attention of Respondents to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color religion, sex, national origin, age, or disability. Digital Format If Bidder obtained the bid specifications in digital format in order to prepare a proposal, the bid must be submitted in hard copy according to the instructions contained in this bid package. If, in its bid response, Bidders makes any changes whatsoever to the published bid specifications, the bid specification as published shall control. Furthermore, if an alteration of any kind to the bid specification is discovered after the contract is executed and is or is not being performed; the contract is subject to immediate cancellation without recourse.

Proposal Term Proposal shall be in effect for at least 120 days from the submission date.

Points of Contact

Roger Banks, Division Manager Purchasing Division City of San Angelo 72 West College Avenue San Angelo Texas, 76903 Email: [email protected] Telephone: (325) 657‐4220

Mary Cleveland, Division Manager Billing & Receipts Division City of San Angelo 72 West College Avenue San Angelo Texas, 76903 Email: [email protected] Phone: 325‐657‐4231



INSURANCE REQUIREMENTS The following insurance requirements will be required for the duration of the contract. Failure to maintain the requirements will result in the termination of the contract.

INDEMNIFICATION.

1.1 GENERAL INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY, DEFEND, AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF CONTRACTOR OR CITY, BY REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF CONTRACTOR, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONTRACTOR AND ANY OTHER ENTITY, AS A CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS CONTRACT OR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF ANYTHING CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY CONTRACTOR HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS CONTRACT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE CONTRACTOR TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

2 Insurance.

2 1 Types and Amounts of Insurance Required. Contractor shall obtain and continuously maintain in effect at all times during the term hereof, at Contractor’s sole expense, insurance coverages as follows with limits not less than those set forth below:

2.2.1 Commercial General Liability. This policy shall be an occurrence‐type policy and

shall protect the Contractor and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than the Contractor’s employees) and damage to property of the City or others arising out of the act or omission of the Contractor or its agents and employees. This policy shall also include protection against claims for the contractual liability assumed by Contractor under the paragraph of this Contract entitled “Indemnification,” including completed operations, products liability, contractual coverage, broad form property coverage, explosion, collapse, underground, premises/operations, and independent contractors (to remain in force for two years after final payment). Coverage shall not be less than:

$ 2,000,000.00 General Aggregate $ 1,000,000.00 Products‐ Completed Operations $ 1,000,000.00 Personal & Advertising Injury $ 1,000,000.00 Each Occurrence


Intentionally Left Blank



DEADLINE AND DELIVERY LOCATION

Deadline Sealed submittals must be received and time stamped by November 14, 2012, 2:00 P.M., Local Time. The clock located in Purchasing will be the official time.

Faxed or electronically transmitted RFP submittals will not be accepted

It is the sole responsibility of the respondent to ensure that the sealed RFP submittal arrives at the above location by specified deadline regardless of method chosen by the respondent for delivery.

Copies Submit one (1) unbound original and six (6) complete copies.

Sealed Envelope/Container Addressing Lower Left Hand Corner: “RFP: BR‐01‐12/IVR System”

Delivery Addresses

USPS: Purchasing Division

City of San Angelo 72 West College Avenue San Angelo, Texas 76903

Delivery Services (FedEx, UPS, etc): Purchasing Division, Suite 314

City of San Angelo 72 West College Avenue San Angelo, Texas 76903

Please ensure the delivery envelope/container is marked, “RFP Enclosed”.



REQUIRED SUBMITTAL INFORMATION

Vendor Background and Experience

1. Provide corporate details, including company name, mailing address, phone number, years in business, location of business, products and services offered.

2. Provide primary contact information. 3. Provide a summary overview of your organization, which includes your experience working with

government agencies. Also, describe your experience in delivering solutions of a similar size and scale as requested in this RFP.

4. Highlight relevant certifications and/or partnerships your organization maintains which will aid in delivering an effective system.

5. Furnish at least three (3) references for customers that have successfully utilized a similar system within the past 3 years.

6. Provide brief resumes of key personnel who will be working on the proposed system.

IVR Requirements

Telephony Integration

1. Provide information on the recommended number of phone lines/simultaneous callers your

proposed IVR system can support, based on our City’s call volume. 2. Describe the proposed system’s expansion capability, including both hardware expansion as well

as new interfaces/applications/product features. 3. Explain how the proposed IVR system prevents callers from being hung in a “loop” (unable to

escape from a routine). 4. Detail all the telephone‐related services that our City will be responsible for, in support of the

proposed IVR system. 5. Demonstrate your experience with Cisco Unified Communications Version 8.5

IVR Functionality

1. Describe the platform and architecture used to develop your IVR solution. 2. Describe the customer information that can be provided to the caller during a call. 3. Describe how callers can “dial through” the voice prompts and how your proposed solution

allows this functionality to be disabled for certain prompts? 4. Describe how the proposed system handles call transfer routines during normal business hours

and outside of normal business hours. 5. Explain how your proposed system ensures that callers are transferred to the correct

person/department. 6. Does your system offer the proposed services in Spanish? 7. What components are required to implement multiple languages such as Spanish? 8. Does your proposed system have limits to the number of prompts that can exist within the

system? If so, how many? Are there limits to the number of menu items and/or menu inputs? 9. Describe how the proposed solution ensures that our City’s business rules are correctly

supported and enforced. 10. Describe security options available to ensure that customers are hearing information for the

correct account, as well as to ensure that callers cannot randomly access other customers’ account information.


11. Describe how your solution will support integration to our 3rd party credit card, debit card, and electronic check payment processing vendor.

12. Describe the reporting options available within the proposed system. 13. What data export methods are available? 14. Describe how your proposed system will allow administrators to schedule automatic delivery of

reports. 15. What process exists to add additional reports? 16. Are there limits to the quantity of reports that can be run on your system? 17. Please provide an overview of your proposed system’s standard implementation methodology. 18. Please describe your relationship with our CIS vendor, Systems & Software. 19. Does the proposed system include the ability for our City to offer general informational messages

and prompts to the customer? 20. Please describe how your system allows our City to update these messages and/or prompts, as

well as the order in which the information is presented on an as‐needed basis. 21. Describe the technical requirements our City personnel must possess to administer these

functions.

System Administration

1. Describe in detail the utilities available for system administration functionality. 2. Describe how administrative access is controlled. 3. Describe how database passwords are set up, maintained and changed. 4. Describe the reporting options available within the proposed system. 5. Provide a description of the proposed solution’s standard call traffic reports. 6. Identify what reporting tools can be used to develop custom reports. 7. What data export methods are available? 8. Describe how your proposed system will allow administrators to schedule automatic delivery of

reports. 9. What process exists to add additional reports? 10. Are there limits to the quantity of reports that can be run on your system? 11. Explain how the City’s system administrator is notified should a problem occur with the proposed

solution. 12. Describe how calls are handled when the City’s network or host database encounters a failure. 13. Define the City’s responsibility for recording the initial set of prompts. 14. After implementation, describe how voice prompts are added, changed and deleted?

Support and Maintenance

1. Describe how your organization handles support of this application and the support options

available to the City. 2. Provide documentation, manuals, or reference guides for the IVR. 3. Provide a copy of your standard warranty and maintenance contracts for our review. 4. Do you have any proactive monitoring tools that allow you to be notified if the system is

experiencing an issue? 5. Describe the backup procedures for the IVR system. 6. Explain how the IVR system allows application changes while in production. 7. Describe the procedure for installing new software releases into a production environment. 8. Describe the City’s ongoing maintenance routine responsibilities, including any telephony related

services. 9. Will any routine maintenance require the IVR system to be out of service? If so, please describe.


Pricing Proposal Provide a detailed basic unit list needed to install and implement the system.

1. Include your proposed ongoing support and maintenance plan. 2. Include separate pricing for transaction fee model 3. Include separate pricing for convenience fee model



PROPOSAL FORMAT Proposals shall be submitted in the following format with each element requested and/or form furnished as specified to facilitate evaluation of the proposals. The detailed requirements in this RFP are mandatory. City of San Angelo will not participate in any cost the Respondent may incur in the preparation and submission of a proposal. The City will not be liable in any manner with regard to this RFP and the Respondent’s response to it.

FAILURE TO ADHERE TO THE REQUIRED FORMAT MAY BE CAUSE FOR REJECTION OF PROPOSAL.

Proposal Format Instructions Each response should be organized in a fashion as outline below with sections labeled (not numbered):

Table of Contents

Executive Summary

Technology Overview

Project Overview

System Specifications

System Pricing

Warranty

Experience and Reference List

Submission Forms Executive Summary: This section allows the respondent to summarize the RFP. Detailed data included elsewhere need not be repeated. However, key features of the Respondent’s system should be summarized. Technology Overview: Summarize the AMR system that is proposed. In general terms describe how the system functions and how a typical set of meters would be read and processed. Project Overview: Summarize the project scope from the Respondent’s standpoint based upon the RFP. Describe in general how the project would be implemented. System Specifications: Provide a detailed listing and description of the proposed system specifications and a description of compliance with the specifications stated herein or any deviations or exceptions thereto. System Pricing: Provide a detailed base unit price list for all components needed to construct and implement the system. For Phase I provide a detailed summary of the components needed to implement this phase with a total price. For future phases, provide a detailed summary of components to be added in each phase and the unit price adjustment factor, if any, that will be used to adjust the base unit prices.


Warranty: Provide a detailed explanation of the warranty on each of the components of the system. Experience and Reference List: Provide a list of similar Fixed Base AMR systems supplied and/ or installed over the past 3 years.

Proposal Length The proposal should be limited to a length of 50 pages; single sided print, including attachments.



SELECTION PROCESS

All submittals shall be evaluated by a selection committee and those applicants selected for the short list may be invited to attend an interview, at the applicants own expense.

A. The selection committee will consist of: representatives from various department in the City.

B. The selection committee will evaluate all proposals that are submitted. Selection ratings will be

based on 100‐point scale. Ranking will be as reflected below:

Qualifications & Experience ............................................................................ 30%

Ability Of Equipment & Solution To Meet City Needs .................................... 20% Clearly Includes All Information Requested, Including IVR Requirements ..... 20%

Cost (including maintenance, training additional hardware, etc) ................... 30% Total ............100%

C. Respondents are advised that the City reserves the right to evaluate and rank the proposals

without input from the respondents. Therefore, proposals should be complete as initially submitted. However, if you are selected for an interview, you will be expected to present not only your proposal, but also your approach.

D. City staff shall make a recommendation to City Council of the selection of the most qualified

respondent to enter into contract negotiations with the City.

E. The selected respondent shall enter into negotiations with the City for the services to be performed.

F. If satisfactory negotiations cannot be concluded, the City reserves the right to negotiate with

the next highest‐ranking respondent.

G. When services and fees are agreed upon, the selected respondent shall be offered a contract subject to City Council approval.

H. Should negotiations be unsuccessful, the City may enter into negotiations with the next,

highest ranked respondent until an agreement for services and fees are reached. This process may continue until an agreement is reached.

I. This RFP does not commit the City to pay for any direct and/or indirect costs incurred in the

preparation and presentation of a response. All finalist(s) shall pay their own costs incurred in preparing for, traveling to and attending the interviews. The City reserves the right to accept or reject all or part of proposals.



SUBMISSION FORMS



References

Please list three (3) government agencies or business, who can verify the quality of service your company provides. References should be of similar size and scope of the Request.

Reference One

Government/Company Name:

Location:

Contact Person and Title:

Telephone Number:

Scope of Work:

Contract Period:

Reference Two


Location:


Telephone Number:

Scope of Work:

Contract Period:

Reference Three


Location:


Telephone Number:

Scope of Work:

Contract Period:

THIS FORM MUST BE RETURNED WITH THE BID



Local Preference Consideration Application

Business Name: Physical Address: Mailing Address: City: Zip Code: Business Type:

□ Corporation – Indicate state of incorporation □ Partnership – Indicate “general” or “limited” □ Sole proprietorship

Basis For Preference (Check applicable box(s) if physical location of business is not within the City Limits of the City of San Angelo.

□ The business is a partnership with residents of the City of San Angelo owning a majority beneficial interest in the partnership (Attach a list of partners with names and addresses).

□ The business is a sole proprietorship owned by a resident of the City of San Angelo

(Attach name and address of owner). Attachments: Describe in writing, and attach supporting documentation, the additional economic development opportunities for the City of San Angelo that will be created if you are awarded this contract. Include the number of City of San Angelo residents that you will employ to complete this contract and the increased tax revenues that will be generated for the City of San Angelo if you are awarded this contract. CERTIFICATION: I hereby certify under penalty of perjury that the information which I have provided on this form is true and correct, that I am authorized to sign on behalf of the business set out above and if requested by the city will provide, within 10 days of notice, the necessary documents to substantiate the information provided.

Company Name Signature Printed Name ________________________________ Title

________________________________ Address ________________________________ City, State Zip Code

THIS FORM MUST BE RETURNED WITH THE BID

CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902 Tel: (325) 657-4220 or 657-4219

RFP: WU‐XX‐10 Page 21

NOTICE TO VENDORS

Disclosure of Certain Relationships

Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local governmental entity make certain disclosures concerning any affiliation or business relationship that might cause a conflict of interest with the local governmental entity. The provisions of Chapter 176 and the Form CIQ questionnaire that you must complete to comply with this law, are available at the Texas Ethics Commission website at http://www.ethics.state.tx.us/whasnew/confliict forms.htm.

A current list of City of San Angelo and City of San Angelo Development Corporations officers is available

in the office of the City of San Angelo City Clerk’s office located in Room 201 of City Hall or on the City’s website at http://sanangelotexas.org. If you are considering doing business with the City of San Angelo or the City of San Angelo Development Corporation and have an affiliation or business relationship that requires you to submit a completed Form CIQ, it must be filed with the records administrator (City Clerk) of the City of San Angelo no later than the seventh (7th) business day after the date you become aware of facts that require the form to be filed. See Section 176.006, Texas Local Government Code. It is a Class C misdemeanor to violate this provision.

By Submitting a response to a City of San Angelo or City of San Angelo Development Corporation

Request for Proposals, Request for Bids, or Request for Qualifications or by conducting business with either of those two entities, you are representing that you are in compliance with the requirements of Chapter 176 of the Texas Local Government Code.

Roger S. Banks Division Manager

CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902 Tel: (325) 657-4220 or 657-4219




Debarment and Suspension Certification (1) The prospective primary participant certifies to the best of its knowledge and belief that it and its

principals:

(a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

(b) Have not within a three‐year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

(d) Have not within a three‐year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default.

(2) Where the prospective primary participant is unable to certify to any of the statements in this

certification, such prospective primary participant shall attach an explanation to this proposal. (Please print)

Company Name Signature Printed Name Title

________________________________ Address ________________________________ City, State Zip Code

RFP: WU‐06‐10 27

Debarment and Suspension Certification INSTRUCTIONS

1. By signing and submitting this proposal, the prospective participant is providing the certification set out

below.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the determination whether to enter into this transaction. However, failure of the prospective participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the City of San Angelo determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available, the City of San Angelo may terminate this transaction for cause.

4. The prospective participant shall provide immediate written notice to the City of San Angelo to which this proposal is submitted if at any time the prospective participant learns that its certification was erroneous when submitted or has become erroneous because of changed circumstances.

5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549(13 CFR Part 145). You may contact the City of San Angelo for assistance in obtaining a copy of these regulations.

6. The prospective participant agrees by submitting this proposal that, should the proposed transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the City of San Angelo.

7. The prospective participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment and Suspension" provided by the City of San Angelo, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the City of San Angelo, the City of San Angelo may terminate this transaction for cause.



Y:\COUNCIL\Electronic Agendas\2013\04‐02‐13 Draft\PUR BR‐01‐12 111412.docx

Letter of Interest RFP: BR‐01‐12/Interactive Voice Response

The undersigned firm submits the following information in response to Request for Proposal (as amended by Addenda), issued by the City of San Angelo, Texas (“City”) for an IVR System. This proposal s includes:

Completed RFP Letter Of Interest (REQUIRED)

List of References (REQUIRED)

Local Preference

Completed Conflict Of Interest form (if applicable)

Completed Debarment and Suspension Certificate (REQUIRED)

IRS W‐9 Form (REQUIRED)

One (1) original and six (6) copies of proposal (REQUIRED)

Respondent is responsible for calling the City to determine if any addendums have been issued.

Respondent also understands that the City is not bound to select any proposals for the final pre‐qualified list and may reject any RFP submittal that the City receives.

Respondent further understands that all costs and expenses incurred by it in preparing this RFP and participating in this process will be borne solely by the respondent, and that the RFP submittal materials will become the property of the City and will not be returned.

Respondent agrees that the City will not be responsible for any errors, omissions, inaccuracies, or incomplete statements in this RFP and accepts all terms of the RFP submittal process by signing this letter of interest and making the RFP submittal.

The respondent certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal or State departments or agencies.

Any offer submitted because of this RFP shall be binding on the Respondent for 120 calendar days following the specified opening date. Any proposal for which the respondent specifies a shorter acceptance period may be rejected.

This RFP shall be governed by and construed in all respects according to the laws of the State of Texas.

Company Name

Signature Printed Name Title

________________________________ Date




Pricing Proposal 1. Provide comprehensive pricing for the system you are proposing 2. Include your proposed ongoing support and maintenance plan. 3. Include separate pricing for transaction fee model 4. Include separate pricing for convenience fee model

Item Description Price

1 Basic System & Installation, Training, etc $

2 Ongoing Support and Maintenance $

3 Transaction Fee Model $

4 Convenience Fee Model $




Contact Information

Business Name:

Mailing Address:

City, State Zip

Telephone: Fax:

E‐Mail:

Authorized Signature: Date:

Printed Name/Title:

Attach IRS W‐9 Form

City of San Angelo

Memo

Date: March 11, 2013

To: Councilmembers From: Patrick Frerich, Vehicle Maintenance Subject: Agenda Item for April 2, 2013 Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651 Caption: Consent

Consideration of selecting Rene Bates’ Auctioneers’ for RFP VM-02-13 Auctioneering Services; authorizing City staff to negotiate a contract; and authorizing City Manager or designee to execute said contract.

Summary: The City of San Angelo Vehicle Maintenance Department solicited propositions for

live auctioneering services to facilitate the disposal of vehicles, equipment, seized items, and office supplies and furniture. Requests were sent to four companies in the local and surrounding area. Three proposals were received from Joe Pippin Auctioneers (Irving, Tx), Lone Star Auctioneers (Fort Worth, Tx) and Rene Bates’ Auctioneers (McKinney, Tx).

Staff compared all the proposals based on their qualifications, marketing plan,

commission rates, professional competence, and availability. The individual rankings are outlined in the attached Ranking Summary. Rene Bates’ Auctioneers’ proposal garnered the highest ranking most notably in the commission rate, almost a full percent lower than the next lowest submission.

In addition to the listed ranking criteria, other areas were explored and compared

including unsolicited information included in the companies’ proposals; additional value-added services such as online capabilities; and recent sales reports across similar items. Again, Rene Bates’ Auctioneers’ number of registered online bidders, past sales, number of available auctioneers, and online auction commission rate substantiated their high ranking.

History: The City of San Angelo has for several years hosted a live auction once per year to

dispose of used or no longer needed vehicles, equipment, office supplies, Police seized items, and office furniture. The auction is combined with Tom Green County and San Angelo ISD, and in recent years other area counties and school districts.

Financial Impact: Gross sale proceeds for the City are typically range from $200,000 to $300,000.

The net proceeds after commission are disperse among the various departments as appropriate. Rene Bates’ proposal included a commission rate of 7% for live auctions and 5% for on-line sales.

X:\PF Documents\Bid Documents\2013 Equipment Bids\Agenda Background\Background Memo VM-02-13 - Auctioneering Services.doc

X:\PF Documents\Bid Documents\2013 Equipment Bids\Agenda Background\Background Memo VM-02-13 - Auctioneering Services.doc

Related Vision Item: NA Other information/ Recommendation: Staff recommends entering into contract negotiations with Rene Bates’

Auctioneers (McKinney, Tx). Attachments: RFP Acknowledgement VM-02-13 RFP Ranking VM-02-13 Reviewed by: Shane Kelton, Director – Operations

Roger BanksCategory Points Pippin Rene Bates Lone StarQualifications 25 25 25 25Marketing Plan 20 18 20 20Fee 20 17.43 20.00 17.14Professional Competence 15 7 15 15Availability 13 13 13 13Organizational Depth 7 5 7 6Reserved 0 0 0 0

Total Score 100 85.43 100 96.14Rank 3 1 2

Patrick FrerichCategory Points Pippin Rene Bates Lone StarQualifications 25 25 25 25Marketing Plan 20 18 20 20Fee 20 19.80 20.00 19.78Professional Competence 15 10 15 15

Proposal Acknowledgment * RFP: VM-02-13/Auctioneering ServicesDate: Januray 16, 2013/2:00 PM

RANKING SUMMARY

Professional Competence 15 10 15 15Availability 13 13 13 13Organizational Depth 7 5 7 6Reserved 0 0 0 0

Total Score 100 90.8 100 98.78

Rank 3 1 2

X:\PF Documents\Bid Documents\2013 Equipment Bids\Bid Tabs 2013\Auctioneer Services\RFP Acknowledgement Page 1 of 3

Proposal Acknowledgment * RFP: VM-02-13/Auctioneering ServicesDate: Januray 16, 2013/2:00 PM

X:\PF Documents\Bid Documents\2013 Equipment Bids\Bid Tabs 2013\Auctioneer Services\RFP Acknowledgement Page 2 of 3

City of San AngeloProposal Acknowledgment * RFP: VM-02-13/Auctioneering Services

Date: Januray 16, 2013/2:00 PM

Proposals Received City, StateProposed

Fee1 Joe Pippin Auctioneers, LLC Duncanville, TX 7.9%2 Rene Bates Auctioneers, Inc McKinnery, TX 7.0%

3 Lone Star Acutioneers, Inc Fort Worth, TX 8.0%

Proposals sent to: City, StateAuctions & Services Unlimted Midland TXPippin Auctioneers Irving TXRene Bates Auctioneers, Inc McKinney TXTackett Auction Brownwood TX

NOTE: Include this form with your Agenda Memo

X:\PF Documents\Bid Documents\2013 Equipment Bids\Bid Tabs 2013\Auctioneer Services\RFP Acknowledgement

City of San Angelo



From: Ricky Dickson, Water Utilities Director


Contact: Ricky Dickson, Water Utilities Director, 657-4209

Caption: CONSENT Item

Consideration of approving special recreational lease agreement with Jorge R. Ellis and wife, Amy C. Ellis for an area 0.656 acre of land out of Lot 11, Block 1, Group Four, Lake Nasworthy Addition and authorizing the Water Utilities Director to execute the same.

Summary: Jorge R. Ellis and wife, Amy C. Ellis own and occupy adjacent property for residential purposes. The area to be leased is a portion of Lot 11, Block 1, Group Four, Lake Nasworthy Addition with said lot containing 6.433 acres; multiple road easements surround and traverse the aforementioned lot.

Granting of lease will not impede access to or from adjacent lots

History: (Brief synopsis of the history, minute references, prior Council discussion and/or directives by Council regarding the issue)

Financial Impact: Annual Lease Fee: $248.00

Related Vision Item

(if applicable):

None.


It is recommended that the special recreational lease be approved.

Attachments: Lease

Presentation: None.

Publication: None


Ricky Dickson, Water Utilities Director, March 21, 2013

Approved by Legal: City Attorney Lysia H. Bowling, March 21, 2013

SPECIAL RECREATIONAL LEASE AGREEMENT

This lease is made and entered into by and between the CITY OF SAN ANGELO, a Texas municipal corporation, ("Lessor"), whose address is 72 W. College Ave., San Angelo, Tom Green County, Texas 76903, and Jorge R. Ellis and wife, Amy C. Ellis whose address is 2628 Vista Del Arroyo, San Angelo, Tom Green County, Texas 76904 (“Lessees”).

I. DEMISE OF LEASED PREMISES

1.1 In consideration of the mutual covenants, conditions and agreements set forth in this lease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts and leases from Lessor, the following described real property (hereinafter called "leased premises") situated in San Angelo, Tom Green County, Texas:

Surface Estate Only: Being an area 0.656 acre of land out of Lot 11, Block 1, Group Four, Lake Nasworthy Addition, City of San Angelo, Tom Green County, Texas as per plat of record in Cabinet E, Slide 153 Plat Records of Tom Green County, Texas and said 0.656 acre being more particularly described by metes and bounds description in Exhibit “A”, attached hereto and incorporated herein.

II. TERM, FEES AND RENT

FIXED COMMENCEMENT AND TERMINATION DATE

2.1 This lease is granted for a period of five (5) years and nine (9) months beginning April 1, 2013 and ending December 31, 2018. Lessee shall have the option to renew this Special Recreational Lease Agreement for two (2) additional terms of five (5) years, provided that Lessee gives notice of exercise of said option to City no less than three (3) months prior to the date of expiration of the initial term.

2.1.1 In consideration of the initial payment of Two Thousand Seven Hundred Forty-Six Dollars ($2,746.00), which payment includes: (a) the Seventy Five Dollar ($75.00) granting fee, (b) One Hundred Dollar ($100.00) document preparation fee, (c) the Two Thousand Three Hundred Eighty-Five Dollar ($2,385.00) survey fee, and (d) the annual rental fee balance of One Hundred Eighty Six Dollars ($186.00) for 2013, receipt of which payment is hereby acknowledged, and the further consideration of Lessee's payment of future annual rent and Lessee's compliance with the stipulations and conditions hereinafter set forth.

TIME AND MANNER OF PAYMENT

2.2 Lessee shall pay annual rent to Lessor at the Water Utilities Department, at 122 W. 1st Street, San Angelo, Texas, 76903, or at such other place as Lessor may from

2

time to time designate by written notice to Lessee. Such rent shall be paid annually on or before January 1st during the term of this lease in accordance with the following schedule: Dates Annual Rent

For the Years 2013 Through 2018 $248.00 For the Years 2019 Through 2023 $273.00 For the Years 2024 Through 2028 $300.00

DELINQUENT PAYMENTS

2.3 Lessee shall pay to Lessor a late charge or interest for any rent received by Lessor after the date that the rent is due in accordance with established ordinances, provided however, that this provision for late charges or interest shall not be construed as a waiver of the right of Lessor to terminate this lease at its option as authorized herein.

RULES AND REGULATIONS 2.4 The rules and regulations provided in those certain ordinances of the City Council of the City of San Angelo, (“Council”), adopted in 1959, and now known as the Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendments adopted heretofore or hereafter are expressly incorporated herein by reference as terms and conditions of this lease. This lease is expressly made subject to any ordinances adopted in the future by the Council for the regulation of Lake Nasworthy and surrounding property, including but not limited to regulations relating to, rents safety, sanitation, and ecological requirements. Any breach of said rules and regulations may, at the option of the Lessor result in forfeiture of this lease. This lease will not become effective or binding upon the Lessor until first approved by the City Council for the City of San Angelo, Texas.

III. USE OF LEASED PREMISES 3.1 The premises shall be used only for the uses permitted by the City of San Angelo Code of Ordinances for this particular tract of land and uses incidental thereto, and in this connection the following shall be applicable:

a. The premises shall be used only for recreational use and uses incidental thereto. No living quarters, buildings or other structures shall be constructed or placed on the leased premises. No storage of personal property of any kind shall be permitted including that no equipment, machinery, vehicles, appliances, temporary electrical wiring, materials, or supplies shall be placed or stored on the leased premises.

b. No outside toilets or restroom facilities shall be constructed or maintained on leased premises.

3

c. No improvements or construction work of any kind shall be built or performed

on leased premises without prior written approval of the Water Utilities Department, and from the Zoning Board of Adjustment, Planning Commission and City Council as applicable.

d. Lessee may request from the City Council a variance or deviation from any

term of condition contained herein which may be accomplished by an authorized written amendment to this Lease Agreement.

e. The Lessor, prior to granting any extension of this Lease Agreement, shall

have the right to physically inspect the leased premises and any improvements thereon and submit in writing to the Lessee any requirements as a condition to extension of the lease, as determined in the discretion of Lessor, which conditions shall attach to and become a part of the extended Lease Agreement. Failure of the Lessee to abide by and comply with said requirements shall be grounds for Lessor to terminate this Lease Agreement or any extension thereof.

IV. CONDITION OF PREMISES

NO WARRANTY

4.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON, INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE. LESSEE IS FAMILIAR WITH THE LEASED PREMISES, HAS INSPECTED THE SAME, AND ACCEPTS THE SAME FOR THE LIMITED USES PERMITTED UNDER THIS LEASE AGREEMENT.

MAINTENANCE 4.2 Lessee agrees to continuously keep and maintain the leased premises in a good and well maintained condition, to maintain its appearance, and to landscape and keep said premises cleared of all objectionable matter, including trash, brush, and vegetation trimmings. Leased premises shall not be used for the outside storage of personal property. In the event Lessee shall fail to maintain leased premises as required under the terms of this Lease Agreement and applicable regulations, in a reasonable manner acceptable to Lessor, Lessor shall give written notice to Lessee describing the default and may at Lessor’s option cause leased premises to be maintained, cleaned, cleared, and mowed as required. Lessee expressly authorizes Lessor and Lessor’s employees and agents to enter upon the Leased Premises without additional notice to Lessee for purposes of bringing maintenance of the leased premises into compliance; and agrees that Lessee shall be responsible for the reasonable cost of any such maintenance clearing, cleaning, and mowing. Such costs shall be deemed to be additional rent due and payable within thirty days of written notification of the amount due. Any balance for

4

said costs past due shall bear interest at the lesser of the rate of ten percent (10%) per annum or the maximum rate permitted by law.

4.3 Lessee shall install at Lessee’s expense a fence around the perimeter of Leased Premises. The fence shall comply with all provisions of the City of San Angelo Code of Ordinances (“Code”), as such now exists or may hereafter be amended including, but not limited to, those provisions regarding building permits and permit fees.

DAMAGE OR DESTRUCTION 4.4 The parties hereto acknowledge that the leased premises are within an area subject to overflow and flooding and it is expressly agreed between the parties that neither Lessor nor any of its agents or employees shall be liable to Lessee for any damages caused in any manner, negligent or otherwise, by high water or floods at Lake Nasworthy, nor by the rivers or creeks which serve as its sources of supply or diversion channels, nor by reason of any work deemed necessary in Lessor’s sole judgment in the maintenance of said Lake and sources of supply or diversion channels and all damages occasioned thereby are hereby waived by Lessee, and when Lessor (or any agent thereof) deems it necessary to enter onto the leased premises for any of the above purposes, as deemed necessary in Lessor’s judgment, Lessor shall be permitted to do so. 4.5 Lessee expressly releases Lessor, its officers, agents, and employees from any and all claims and damages of any kind by reason of the condition of the premises hereby leased, or any improvements thereon or any damages incurred in the enjoyment or exercise of the privileges granted hereunder, or for damage to its person or property caused by the opening of the gates at Nasworthy Dam, the lowering of the normal water elevation in the lake, or due to flood or high water, or any fluctuating water levels which may arise in the use and operation of Lake Nasworthy, or in the joint use and operation of Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposes of recreation, irrigation, and water supply, or for any other purpose.

V. INDEMNIFICATION AND INSURANCE 5.1 Lessee further agrees to indemnify and hold Lessor, its officers, agents, and employees, free and harmless from any and all claims, suits, judgments, costs and expenses asserted by any person or persons, including agents or employees of Lessee or Lessor, by reason of death or injury to persons, or loss or damage to property, resulting from Lessee’s possession, use or occupancy of the leased pdremises hereunder, or sustained in or upon the leased premises, or as a result of anything claimed to be done or admitted to be done by Lessee hereunder. Lessee shall obtain and maintain continuously in effect at all times during the term hereof, at Lessee’s sole expense, minimum comprehensive general liability insurance in the amount of at least $100,000.00 aggregate and $100,000.00 combined single limit liability per occurrence for bodily injury and property damage. This insurance shall be an occurrence-type policy written in comprehensive form and shall protect Lessor against liability which may

5

accrue against Lessor by reason of Lessee’s wrongful conduct incident to the use of the leased premises, resulting from any accident or event occurring on or about the leased premises. Lessee shall also obtain and maintain continuously in effect at all times during the term hereof, casualty insurance upon the leased premises and improvements thereon in such amounts as to insure the repair or replacement thereof in the event of casualty. Lessee covenants that such proceeds will be invested in the repair and/or replacement of said premises and/or improvements which may be damaged or destroyed. All insurance policies required herein shall be drawn in the name of Lessee, with Lessor, its councilmembers, partners, officials, directors, agents and employees named as additional insureds. 5.2 Lessee shall furnish Lessor with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverages and limits of insurance. The certificates shall provide that any company issuing an insurance policy shall provide not less than 30-days advance notice in writing of cancellation, non-renewal or material change in the policy of insurance. In addition, Lessee shall immediately provide written notice to Lessor upon receipt of notice of cancellation of an insurance policy, or of a decision to terminate to alter any insurance policy. All certificates of insurance shall clearly state that all applicable requirements have been satisfied including certification that the policies are of the “occurrence” type. Certificates of insurance for Lessor shall be mailed in accordance with the notice provisions of this Lease Agreement. 5.3 Lessee shall require its insurance carrier, with respect to all insurance policies, to waive all rights of subrogation against the City of San Angelo, its councilmembers, partners, officials, directors, officers, agents and employees. 5.4 The procuring of such policy of insurance shall not be construed to be a limitation upon Lessee’s liability or as a full performance on its part of the indemnification provisions of this Lease. Lessee’s obligations are, notwithstanding said policy of insurance, for the full and total amount of any damage, injury or loss caused by or attributable to its activities conducted on the leased premises.

VI. LIMITATIONS AND CONDITIONS

AVAILABILITY AND USE OF LAKE WATER 6.1 Lessor in no way guarantees or warrants the accessibility of water to the leased premises nor the level of water in Lake Nasworthy. 6.2 Lessee can use water from the lake, river, and/or wells on the premises for domestic purposes and watering of existing trees and shrubs; but no water is to go off of or be removed from the premises. Use of water for irrigation is expressly prohibited. Lessee shall use water in a conservative manner, and any abusive use of water shall be grounds for denying the use of water to the Lessee. Lessee shall pay the applicable

6

water use charge as set by the City, for treated water or raw water usage, as the case may be.

RESERVATIONS AND EASEMENTS 6.3 Lessor, its agents or assigns, reserves the privilege and right at any time to execute and deliver valid oil, gas and other mineral leases upon the leased premises and valid right-of-way easements for gas, oil, water, or wastewater pipelines, telephone, telegraph or electric pole transmission lines on said premises, or any part thereof, and in such event this lease shall be subject and subordinate to the rights, terms and privileges of any such oil, gas and other mineral leases or such easements as may have been executed heretofore or hereafter by Lessor, its agents or assigns. 6.4 A blanket easement upon, across and under the leased premises is hereby retained by Lessor for the purpose of laying sewer and water lines and/or for necessary rights-of-way for roads, alleys or other throughways.

SUSPENSION OF PRIVILEGES FOR HEALTH MATTERS/PUBLIC PURPOSES

6.5 It is expressly understood and agreed that Lessor may at any time, without written notice to Lessee, suspend or revoke any and all privileges granted herein for such length of time as in Lessor’s sole judgment is necessary for the purpose of suppressing or arresting an epidemic of any contagious or infectious disease, or when, in Lessor’s sole judgment, any suspension of privileges is necessary to protect the health or safety of any persons. 6.6 If Lessor shall deem that leased premises are required for any public purpose, Lessor shall have the right to terminate this lease by giving ninety (90) days written notice to Lessee of such termination; and Lessee agrees to promptly deliver possession of leased premises to Lessor; and this lease shall terminate upon the expiration of ninety (90) days after the date of such notice.

NO ENCUMBRANCES 6.7 Lessee shall not have the right to encumber the leased premises. This provision shall not prohibit Lessee from encumbering his personal property or improvements made by him which may be removed from the realty without injury to the realty; provided, however, that no mortgage nor anyone who claims by, through or under such mortgage or deed of trust shall, by virtue of such mortgage or deed trust, acquire any greater or more extended rights than Lessee has under this lease but such mortgage or deed of trust shall be in every respect subject, subservient and subordinate to all of the conditions, provisions, requirements, covenants and obligations of this Lease Agreement. The mortgagee under any such deed of trust or mortgage shall have the right to assume this lease and perform its terms and conditions to protect itself.

7

TRANSFER, ASSIGNMENT AND SUBLETTING 6.8 Lessee may not transfer or assign this Lease Agreement, or sublet the leased premises, in whole or in part, without the prior written consent of the Lessor. Any such transfer, assignment, or subletting for which such written consent has been given as required shall be evidenced in writing, properly executed and acknowledged by both parties thereto, an original executed copy of which shall be delivered to Lessor, and an original executed copy shall be recorded in the office of the County Clerk for Tom Green County, Texas.

VII. OBLIGATIONS RELATED TO LEASED PREMISES

UTILITIES 7.1 Any utility charges relating to the leased premises shall be paid in full by Lessee when due. Failure to timely pay such charges shall, at the option of Lessor, be deemed a default of this Lease Agreement and result in its termination.

TAXES 7.2 It is further understood and agreed that Lessee shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this lease may be levied on or assessed against the leased premises and all interest therein and all improvements and other property thereon, whether belonging to Lessor or Lessee, or to which either of them may become liable. Lessee shall pay all such taxes, charges, and assessments to the public officer charged with the collection thereof not less than fifteen (15) days before the same shall become delinquent, and Lessee agrees to indemnify and save harmless Lessor from all such taxes, charges and assessments. Failure to pay such taxes and assessments as required herein shall, at the option of Lessor, be deemed a default of this Lease Agreement and result in its termination. 7.3 Lessee shall pay or cause to be paid all incidental charges; such as permit fees, incurred in connection with its use of the leased premises.

VIII. TERMINATION OF LEASE ABANDONMENT/DEFAULT

8.1 In the event Lessee shall (1) abandon the premises or (2) default in performance of any of the covenants and conditions required herein to be kept and performed by Lessee, Lessor shall have the right to give Lessee thirty (30) days written notice of its intention to terminate the lease, and Lessee will have such thirty (30) days within which to cure such default and thereby avoid termination. Notice shall be sufficient if delivered to Lessee at the address specified in this lease or at such other address as Lessee may in writing designate to Lessor.

8

POSSESSION 8.2 Lessee agrees at the termination of this lease to deliver possession peacefully to the Lessor or its agents or employees; and if it fails to give peaceful possession, agrees that Lessor may take forceful possession of said premises and eject all parties therefrom without being guilty of trespass; and all damages occasioned thereby are hereby waived by Lessee.

REMOVAL OF IMPROVEMENTS 8.3 All buildings and other improvements placed on the property by Lessee (except trees, shrubs, flowers and plants) which may be removed without injury to the realty shall remain the property of Lessee. It is understood and agreed, however, that buildings and improvements or other personal property shall be held by the Lessor until all rentals and other costs or charges due Lessor by Lessee under the terms hereof shall have been paid in full, and should any amount remain unpaid for more than thirty (30) days after termination of this Lease Agreement, the Lessor shall have the right to sell such buildings and improvements or other personal property and apply the proceeds to the amount due Lessor, including interest accruing thereon at the lower of the l rate of ten percent (10%) per year or the maximum interest rate permitted by law, from and after the due date of such obligation, and to any costs incidental to the sale of such property. Any balance remaining in the proceeds from such sale after application of the proceeds as heretofore provided shall be payable to Lessee. All property remaining on the premises after the expiration of ninety (90) days following the termination of this lease, however terminated, shall be deemed abandoned by Lessee and shall become the property of Lessor subject to use or disposal as Lessor shall deem fit.

OTHER REMEDIES 8.4 Termination of this lease as provided herein shall not relieve Lessee from the obligation of payment of any sum or sums that are then due and payable to Lessor, or from liability for damages accrued; and any such termination shall not preclude Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy at law. All rights, options, and remedies of Lessor contained in this Lease Agreement shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this Lease Agreement. No waiver by Lessor of a breach of any of the covenants, conditions, or restrictions of this Lease Agreement shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition, or restriction contained herein.

PUBLIC PURPOSES

9

8.5 If Lessor shall deem that leased premises are required for any public purpose or that condemnation by another legal entity is necessary, Lessor shall have the right to terminate this lease by giving ninety (90) days written notice of such termination to Lessee; and Lessee agrees to promptly deliver possession of leased premises to Lessor; and this lease shall terminate upon the expiration of ninety (90) days after the date of such notice and Lessee shall not be entitled to any compensation therefore.

IX. MISCELLANEOUS

RELATIONSHIP OF LESSOR AND LESSEE

9.1 The relationship between Lessor and Lessee at all times shall remain solely that of landlord and tenant and shall not be deemed a partnership or joint venture.

HEADINGS 9.2 The paragraph headings contained herein are for convenience and reference and are not intended to define, extend or limit the scope of any provisions of this Lease Agreement.

HOLD OVER 9.3 It is distinctly understood and agreed by and between the Lessor and Lessee that any holding over by Lessee of the herein leased premises after the expiration of this Lease Agreement shall operate and be construed only as a tenancy from month to month, terminable at the will of the Lessor.

ENTIRE AGREEMENT/AMENDMENTS 9.4 This lease constitutes the entire agreement between the parties, and Lessor is not bound by any agreement, condition or stipulation, understanding or representation made by any of Lessor’s employees or agents not contained herein. No amendment to this Lease Agreement shall be effective unless such is in writing and signed by both parties whose representatives have proper authority.

TERMS OF THE ESSENCE

9.5 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES HERETO THAT EACH AND EVERY TERM, STIPULATION, AND RESTRICTION CONTAINED HEREIN IS OF THE ESSENCE TO THIS LEASE AGREEMENT, THE VIOLATION OF WHICH SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE.

TEXAS LAW TO APPLY

10

9.6 The parties hereby agree that Texas law will control the interpretation of enforcement of this lease. This lease has been executed in Texas, and all obligations hereunder are performable in Tom Green County, Texas, wherein venue shall lie for the resolution of any dispute between the parties relating to this agreement.

INVALID OR ILLEGAL PROVISIONS

9.7 If any term or provision of this Lease Agreement or the application thereof to any person or circumstance shall, to any extent, be judged by a court of competent jurisdiction invalid or unenforceable, the remaining terms and provisions of this Lease Agreement, or the application of such terms or provisions, to persons or circumstances other than those as to which is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease Agreement shall be valid and be enforceable to the fullest extent permitted by law.

SUPERSEDES PRIOR AGREEMENTS 9.8 All prior agreements between the parties hereto relating to the leased premises are superseded by this Lease Agreement.

REIMBURSEMENT OF LESSOR’S EXPENSES 9.9 Lessee shall pay on demand all of Lessor’s expenses, including but not limited to, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations under this Lease Agreement, which include, but are not limited to, collection of annual rental fees and collection of utility payments, taxes and other obligations.

NOTICES 9.10 All notices concerning this lease shall be in writing and delivered to the parties at the addresses below. LESSEE: LESSOR: Jorge R. and Amy C. Ellis City of San Angelo 2628 Vista Del Arroyo Attn: Water Utilities Director San Angelo, Texas 76904 72 W. College

San Angelo, Texas 76903

ENTIRE AGREEMENT

11

9.11 This Special Recreational Lease Agreement constitutes the entire agreement between the parties hereto, and Lessor is not bound by any agreement, stipulation, or representation made by any agent, employee, or official of Lessor. EXECUTED in duplicate originals on the _____day of ___________________2013 by:

LESSEE(S): JORGE R. and AMY C. ELLIS

Jorge R. Ellis Amy C. Ellis

LESSOR: CITY OF SAN ANGELO

ATTEST:

BY: Daniel Valenzuela, City Manager Alicia Ramirez, City Clerk STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____day of ________________, 2013 by Jorge R. Ellis and Amy C. Ellis.

Notary Public, State of Texas

STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____ day of

________________, 2013, by Daniel Valenzuela, as City Manager of the City of San Angelo, a Texas home rule municipal corporation, on behalf of said corporation.

Notary Public, State of Texas SPECIAL RECREATIONAL LEASE AGREEMENT

12

Approved as to Content: Approved as to Form: Ricky Dickson, Interim Water Lysia H. Bowling, City Attorney Utilities Director Approved as to Insurance: John Seaton, Risk Management

City of San Angelo



From: Lisa Marley, Director of Human Resources and Risk Management


Caption: Consent Item

Consideration of authorizing the City Manager to execute the amendment to the Delta Dental Agreement allowing the City of San Angelo to offer retirees and their dependents dental insurance coverage effective January 1, 2013 at no cost to the City.

_________________________________________________________________________________

Summary: Delta Dental has provided an amendment to the agreement allowing the City to offer dental coverage to retirees and their dependents at no cost to the City. This agreement needs to be executed effective January 1, 2013. History: During the self-insurance fund update to Council on September 18, 2012, the Council requested that staff look into whether or not pre-65 and post-65 retirees (and their dependents) could be offered dental insurance coverage, and to identify the impact adding the retirees to dental might have on the cost of coverage for the active employees. On November 6, 2012, the requested item was presented and discussed. Council approved offering dental coverage through Delta Dental to retirees and their dependents at no cost to the City effective January 1, 2013. Human Resources has now been advised by the City Clerk that the language in the November 6, 2012 agenda item did not include approval to execute the amendment to the Delta Dental agreement. Financial Impact: No financial impact to the City. Attachments: Resolution for Amendment to Delta Dental Agreement

Presented & Reviewed by: Lisa Marley, Director of Human Resources and Risk Management, March 19, 2013.

A RESOLUTION OF THE CITY OF SAN ANGELO, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE CONTRACT BETWEEN THE CITY AND DELTA DENTAL INSURANCE COMPANY, WHICH CONTRACT WAS EFFECTIVE JANUARY 1, 2012, TO PROVIDE THAT RETIRED EMPLOYEES OF THE CITY OF SAN ANGELO AND THEIR DEPENDENTS BECOME ELIGIBLE FOR DENTAL INSURANCE COVERAGE EFFECTIVE JANUARY 1, 2013, FOR STATED MONTHLY PREMIUMS PAYABLE BY THE INSURED RETIRED EMPLOYEE, PROVIDED THEY MEET EMPLOYER ELIGIBILITY REQUIREMENTS

WHEREAS, on September 18, 2012, staff provided Council with a self-insurance fund update,

after which Council requested that staff explore whether or not retired City employees and their dependents could be offered dental insurance coverage through Delta Dental Insurance Company, the current provider for dental insurance coverage to City employees; and,

WHEREAS, on November 6, 2012, staff presented several options for amendment of the

contract with Delta Dental Insurance Company to provide dental insurance coverage to retired employees of the City and the City Council moved that the City offer dental insurance coverage to retirees and their dependents at not cost to the City; and,

WHEREAS, Amendment No. 2 to the contract with Delta Dental Insurance Company will

provide for dental insurance coverage to retired employees of the City and their dependents who meet eligibility requirement at not cost to the City;

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The City Manager is hereby authorized to execute Amendment No. 2 to the contract by and between the City of San Angelo and Delta Dental Insurance Company, which contract was effective January 1, 2012, to provide that retired employees of the City of San Angelo and their dependents become eligible for dental insurance coverage effective January 1, 2013, for stated monthly premiums payable by the insured retired employee, provided they meet employer eligibility requirements. This resolution shall become effective from and after its passage. APPROVED AND ADOPTED ON THE DAY OF , 2013.

THE CITY OF SAN ANGELO, TEXAS ________________________________ Alvin New, Mayor

ATTEST: ________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: ________________________________ ________________________________ Lisa Marley Lysia H. Bowling Human Resources Director City Attorney

City of San Angelo

Memo

Meeting Date: April 2, 2012

To: City Council members

From: Jeff Hintz, Interim Senior Planner

Subject: Easement Release, a request for approval of a release of easement passing through the following property:

Location: Wade & Turner Addition, First Replat in Block One, bounded by

Martin Luther King Drive, to the east, west 15th Street to the north, west 14th street to the south and North Bryant Boulevard to the west, in northwest San Angelo.

Contacts: Louis Blanek, property owner 325-895-1070

Jeff Hintz, Interim Senior Planner 325-657-4210

Caption: CONSIDERATION OF A REQUEST TO RELEASE A UTILITY EASEMENT IN THE WADE & TURNER ADDITION, FIRST REPLAT IN BLOCK ONE, RUNNING PARALLEL TO WEST 14TH AND 15TH STREETS BETWEEN MARTIN LUTHER KING DRIVE AND NORTH BRYANT BOULEVARD, IN NORTHWEST SAN ANGELO

Summary: The City Council may:

approve the proposed easement release as presented; or approve the proposed easement release, subject to conditions believed to be

necessary; or

deny the proposed easement release; Recommendation: City staff recommends approving the easement release, subject to one condition below. Planning Commission recommended approval of this request 6-0 on consent agenda on March 18, 2013.

History and Background:

The applicant has relocated several private utilities out of this easement and is hoping to construct a building across where the easement now runs. Before and construction can take place to build across this easement, it must first be officially released. General Information

Existing Zoning: General Commercial/Heavy Commercial (CG/CH) Existing Land Use: Vacant property Surrounding Zoning/Land Use: North: CG/CH Auto dealer and houses West: CG/CH Retail establishments South: CH, CG/CH Houses and retail establishments East: CG/CH Vacant property and homes

Storm Water/Drainage: There will be no drainage issues if this easement

is released. Water/Sewer Utilities: A replat must occur if the easement is released Fire Protection: There will be no fire protection issues if this

easement is released. Access Management: There will be no access issues if this easement is

released. Private Utilities: There will be no issues for any private utilities if

this easement is released. Conditions

1. A replat of the property must occur if the easement is released. Attachments: excerpt from zoning map, showing the general location within

the City of San Angelo; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property;

excerpt from plat, highlighting easement to be released; and draft resolution, releasing the easement. Presentation: Jeff Hintz, Interim Senior Planner

RESOLUTION

A RESOLUTION AUTHORIZING RELEASE OF A 25 FOOT BY 500 FOOT UTILITY EASEMENT LOCATED WITHIN THE BOUNDS OF WADE AND TURNER ADDITION, FIRST REPLAT OF BLOCK ONE IN NORTHWEST SAN ANGELO, AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A LEGAL INSTRUMENT FORMALLY RELEASING AND DISCHARGING SUCH EASEMENT

RE: CONSIDERATION OF A REQUEST TO RELEASE A UTILITY EASEMENT IN THE WADE & TURNER ADDITION, FIRST REPLAT OF BLOCK ONE, RUNNING PARALLEL TO WEST 14TH AND 15TH STREETS BETWEEN MARTIN LUTHER KING DRIVE AND NORTH BRYANT BOULEVARD, IN NORTHWEST SAN ANGELO

WHEREAS, on July 18 of 2005, officials of the City of San Angelo, executed the dedication of a 25-foot by 500-foot easement to the City of San Angelo, said easement extending across the Wade & Turner Addition, Block One, in the City of San Angelo, Tom Green County, Texas; and WHEREAS, utilities have been relocated outside of this easement; and WHEREAS, a utility easement to serve this property will be dedicated on a separate instrument in the future; and WHEREAS, a request has been made by the City of San Angelo Planning Division, to release the easement identified above; and WHEREAS, the City Council for the City of San Angelo determines that the easement existing within the bounds of said Block One in the First Replat of this Block within the Wade & Turner Addition to San Angelo, is no longer needed for any identifiable purpose and may reasonably be released and discharged; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS; that the Mayor of the City of San Angelo is hereby authorized to execute and deliver a formal instrument officially releasing and discharging said easement, as said easement was originally dedicated to the City of San Angelo on July 18 of 2005, by instrument found on Slide 77 in Cabinet G of Plat Records for Tom Green County, Texas. PASSED, APPROVED AND ADOPTED on this the 2nd day of April, 2013.

THE CITY OF SAN ANGELO, TEXAS _____________________________ Alvin New, Mayor ATTEST: ___________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Interim Director of Lysia H. Bowling, City Attorney Development Services

City Council April 2, 2013

Easement Release

Wade & Turner Addition, Block One, 1st Replat

• Subject: Easement Release, a request for approval of

a release of easement passing through the following

property:

• Location: Wade & Turner Addition, First Replat in

Block One, bounded by Martin Luther King Drive, to

the east, west 15th Street to the north, west 14th street

to the south and North Bryant Boulevard to the west, in

northwest San Angelo.

Petition for Annexation

• Consider a petition for possible annexation to the city

limits of certain properties situated southwest of San

Angelo

• Area encompassing a 24.484 acre tract extending

northwest from Mills Pass Drive, and located directly

west of an 8.995 acre tract annexed to the City Limits

on March 5, 2013 that comprises the proposed

Prestonwood Addition, Section Two in the southwest

part of the city

Intent & Background

• No property is being annexed today or committed to

be annexed today

• Approval would direct staff to begin looking into the

possibility of annexing the property

• Property is situated directly west of property annexed

on March 5, 2013 to City Limits

Proposed Timetable

• First public hearing – May 7, 2013

• Second Public hearing – May 21, 2013

• Furst reading and introduction of an ordinance

annexing the property – June 4, 2013

• Second and final reading of an ordinance annexing the

property – June 18, 2013

Zone Change

Z13-08: Cho Walker

• A request for approval of a zone change from Single-

Family Residential (RS-1) to Two-Family Residential (RS-

2) to specifically allow for “Household Living” as allowed

in RS-2 zoning districts on the following property:

• 1205 South Jackson Street; located approximately 75 feet southwest from the intersection at South Jackson Street and West Avenue H. This property specifically occupies the South Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo.

Twenty (20) notifications were sent, 3 returned, in opposition.

Overview map

Aerial photo

Subject Property looking

west from South Jackson

Street

Alleyway west of subject property including

accessory structure

Recommendation

• Planning staff recommends approving the proposed

zone change.

• Planning Commission recommended approval of this

request by a vote of 6-0 on March 18, 2013.

Analysis – Basis for Recommendation

• Subject property located over 2 lots (approx 1/3 acre). Proposal

is to convert existing accessory structure (approx 20sqft x40

sqft) into accessory apartment.

• Near Santa Rita Park, Santa Rita Elementary & approx ¼ mile

in either direction between S. Beauregard and W. Ave N.

• Many single-family properties contain accessory apartments;

two RS-2 zones in the area, project in keeping with

neighborhood character.


• Proposed zone change slight in terms of use; no new

building, plenty of parking with circular driveway and

would generate minimal traffic.

Zone Change

• Z13-09; Jack Gabriel, aka PD 07-03 (2013

Amendment); • an amendment to a Planned Development

District (PD07-03) to specifically add an allowance for the operation of a gymnastics academy, which is defined in Section 315.G.c.3 of the Zoning Ordinance as a “Retail Sales and Service that is Entertainment Oriented” on the following property:

Zone Change

• 2909 South A&M Avenue, located at the southwest corner of South Oxford Drive and South A&M Avenue. This property specifically occupies approximately 7.938 acres out of the J McNeese Survey 0176 Abstract 1641 in southwest San Angelo.

• Twenty-One (21) notifications were sent, 1 returned in

favor of this request.

Aerial Map

Photographs of Subject Property Looking south on A&M Ave.

Photographs of Subject Property Subject property looking

west

Photographs of Subject Property Subject property looking

southwest

Looking southwest at subject property from

Oxford Ave. towards Red Arroyo.

Staff Recommendation

• Planning staff recommends approving the proposed

Zone Change request with conditions.


• This proposed use provides education and

entertainment elements that are complimentary to the

area, given previous use.

• Comprehensive Plan seeks to promote public arts and

cultural opportunities for youth.

• Possibly, area residents will use this facility.

• Comprehensive Plan also seeks to “create new

physical connection to neighborhoods lined with

transitional and intermediate uses.”

• A variety of such uses are near to subject property.


• Adding the proposed use lends itself to the idea of

connectivity where activities provide opportunities to

gather together socially which can strengthen

community ties.

• Proposed use provides opportunities for recreation

through pedestrian and bicycle experiences .

• If PD amendment accepted, proposed use can run

concurrently to original use of assisted group living

facility, so compatible with original PD plan.


• Creation of any PD beings most consistent and

predictable development within the community.

• This solidifies the purpose and intent of the Zoning

Ordinance and Comprehensive Plan and goals for this

area.

• Staff therefore finds the proposed use consistent with

all criteria mandated of the request and recommends

approval of the proposed use within the boundary of

PD 07-03 with conditions for the proposed

amendment.

Zone Change

Z 13-10: Mills Development INC • A request for approval of a zone change from Ranch & Estate (R&E) to

Single-Family Residential (RS-1) to specifically allow for household living

as defined in Section 313.B of the Zoning Ordinance on the following

property:

• An unaddressed tract occupying 8.895 acres of the Deaf & Dumb

Asylum Survey Number Two, Abstract 8211. This property was annexed

into the City Limits on March 5, 2013 and is directly west from Mills Pass

Drive along a proposed extension of Autumwood Trail. This property

specifically occupies a proposed subdivision titled, Prestonwood

Addition, Section Two, Block 6, Lots 1-18 and Prestonwood Addition,

Section Two, Block 7, Lots 1-16 in southwest San Angelo.

Ten (10) notifications sent, one returned in favor & one in opposition

Overview map

Aerial photo

Looking north at the subject property

Looking southwest down Mills Pass Drive

Looking southwest down Autumwood Trail

Options

In considering this application, the Council may:

• approve the zone change as presented; or

• remand the application back to Planning Commission

for further discussion, in which case another public

hearing will need to be scheduled; or

• deny the zone change.


• City staff recommends approving the proposed zone

change

• On March 18, 2013 Planning Commission

recommended approval of this request by a vote of 6-0

History & Background

General Information

• Area is undeveloped, annexed on March 5, 2013

• Zoned R&E by default, per Section 303.A of the zoning

ordinance

• Residences in the distance & open space readily

present;

• RS-1 & CG zoning in the area, apartments, single-

family residences, undeveloped property and a school;

Criteria for Approval

• Compatible with Plans and Policies;

• Consistent with Zoning Ordinance;

• Compatible with Surrounding Area;

• Changed Conditions;

• Effect on Natural Environment;

• Community Need; and

• Development Patterns


• Compatible with Area and Plans/Policies of the City

• Area calling for neighborhood, RS-1 fits the Vision Plan

designation

• Will promote consistent predictable development

• Little impact on natural environment

• RS-1 slightly more intense than R&E

• Fills a community need to develop housing

• Near school

• Promotes walkability

Zone Change

PD 07-01 (2013 Amendment): Carrie & John Maier….

• A request for approval of a zone change from Ranch & Estate (R&E)

to Planned Development (PD) district to allow for a "Campground

/Recreational Vehicle Park" as allowed in PD 07-01, approved in

March of 2007, and to which the property described below is

proposed to be added via an amendment:

• 3512 Ben Ficklin Road, located approximately 200 feet east from the

intersection of Ben Ficklin Road and South Bryant Boulevard. This

property specifically occupies approximately 10.8 acres in the

southwest portion of a 73.9 acre tract of the E Hermes Survey 0174

Abstract 0349 in south central San Angelo.

Five notifications were sent, one was returned in favor

Overview map

Aerial photo

Looking north along Ben Ficklin Road

Looking east across the subject property

Options

In considering this application, the Council may:

• approve the zone change as presented; or

• remand the application back to Planning Commission

for further discussion, in which case another public

hearing will need to be scheduled; or

• deny the zone change.


• City staff recommends approving the proposed

amendment to PD 07-01, encompassing this additional

property within its bounds

• Planning Commission recommended approval of this

on March 18, 2013 by a vote of 5-1.

History & Background

General Information

• Area is generally undeveloped

• Residences in the distance & open space readily

present;

• CG, CH and RS-1 zoning in the area;

• 2-3 residences & undeveloped property; and

• PD 07-01 approved in March of 2007.

Criteria for Approval

• Compatible with Plans and Policies;

• Consistent with Zoning Ordinance;

• Compatible with Surrounding Area;

• Changed Conditions;

• Effect on Natural Environment;

• Community Need; and

• Development Patterns


• Compatible with Area and Plans/Policies of the City

• Traffic capabilities of area

• Highest and best use of the property

• Proximity to natural features

• Quiet and isolated

• Temporary, vacationing and recreational use, fits with

the Vision Plan and Zoning Ordinance definition

• Little effect on the natural environment & development

patterns


• PD is already approved 800 feet east on same

property

• PD is most predictable and consistent development

type within the City Limits

• Same rules and regulations will be applied that have

been in place since 2007

• Specific site plan that must be followed

• Property is unique from any other request for this use

City of San Angelo

Memo DATE: March 25, 2013 TO: Mayor and Council Members FROM: Robert Salas, Director, Neighborhood Services SUBJECT: Agenda Item for April 2, 2013 Council Meeting CONTACT: Robert Salas 657-4274 CAPTION: Consent

Consideration of approving an agreement between the City and the Texas Department of Housing and Community Affairs (TDHCA) to use program income received through the Neighborhood Stabilization Program (NSP) to fund new home construction projects identified in the current NSP contract and authorizing the City Manager to execute related documents

------------------------------------------------------------------------------------------------------------------------------------------------ Summary: Request approval of an agreement between the city and TDHCA to expend program income received through the NSP program. This agreement will ensure there are sufficient funds to reimburse the city for three (3) new homes built thru the NSP program. History: On Dec 1, 2009 Council accepted the NSP grant funds in the amount of $525K to purchase, rehabilitate, and resell foreclosed homes to low income citizens in Tom Green County and authorized the City Manager to execute the contract. The NSP grant allowed the city to build 3 new homes for sale to low income homebuyers with TDHCA set to carry the note. The original contract was for two years with a termination date of Aug 2011. However, HUD extended the program to Aug 2012 to allow states to complete projects. HUD then once again extended the program to Aug 1, 2013 for the same reasons. The state is running out of original NSP grant funds from HUD. This agreement allows the state to use NSP program income to fund projects not yet funded in case original NSP grant funds are no longer available to fund projects. We have completed construction of the 3 units and submitted all the required documents, but TDHCA staff has not been able to get to our closing due to the large workload. Financial Impact: No change to the contract amount. Related Vision Item: Neighborhood Revitalization. Other Information/Recommendations: Staff requests approval of contract amendment Attachments: Resolution and contract Presentation: None Publication: None Reviewed by Department Director: N/A

A RESOLUTION BY THE CITY OF SAN ANGELO CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A NEIGHBORHOOD STABILIZATION PROGRAM (NSP) ONE PROGRAM INCOME RESERVATION SYSTEM PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR PURPOSES OF PROVIDING CONTINUED ADMINISTRATION OF THE AWARD OF NSP FUNDS UNDER CONTRACT NO. 7709999128, AND COMMITMENT OF FUNDS

WHEREAS, on December 1, 2009, the City Council approved the acceptance of

Neighborhood Stabilization Program (NSP) grant funds for affordable housing projects and

authorized the execution of Contract No. 7709999128, with the Texas Department of Housing and

Community Affairs (hereinafter the “Contract”); and,

WHEREAS, the City has contracted for and completed the construction of three, new

affordable housing program houses located at 401 E. 11th Street; 405 E. 11th Street; and, 407 E. 11th

Street, San Angelo, to be financed through NSP grant funds pursuant to the Contract (hereinafter the

“Qualified Project”); and,

WHEREAS, the Neighborhood Stabilization Program One Program Income Reservation

System Participation Agreement is required to commit available NSP Funds for reimbursement to the

City for funding of the Qualified Project;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS THAT: The City Manager is hereby authorized to execute a Neighborhood Stabilization Program One Program Income Reservation System Participation Agreement with the Texas Department of Housing and Community Affairs (Department) for purposes of committing grant funds under the Neighborhood Stabilization Program Agreement with the Department, Contract No. 7709999128, for Qualified Project costs reimbursement relating to the construction of three affordable housing program houses located at 401 E. 11th Street; 405 E. 11th Street; and, 407 E. 11th Street, San Angelo, Texas. PASSED and APPROVED THIS DAY OF , 2013.

CITY OF SAN ANGELO, TEXAS

ATTEST: Alvin New, Mayor

Alicia Ramirez, City Clerk

APPROVED AS TO CONTENT APPROVED AS TO FORM

Robert Salas, Neighborhood Services Lysia H. Bowling, City Attorney Director

City of San Angelo Finance Department



From: Steve Mahaffey, Budget Analyst, Sr.

Subject: Agenda Item for March 19, 2013 Council Meeting

Contact: Steve Mahaffey, Budget Analyst, Sr. 481-2757

Caption: Regular (1st reading) Consent (2nd reading)

First public hearing and introduction of an Ordinance amending the 2012-2013 Budget for new projects, incomplete projects, capital projects and grants.

Summary: This proposed amendment contains the following items (additional information attached):

City of San Angelo Operating Budget

• RLSS Grant for Health Department • Texas Historical Commission Planning/Feasibility Study Grant • Downtown Streetscape Project • Chase State Office Building Maintenance

History: See attached Budget Amendment Request memorandum.

Financial Impact: $490,664 (see attached detail on Exhibit A of the Ordinance)

Related Vision Item (if applicable): N/A

Other Information/Recommendation: Staff recommends approval.

Attachments: Ordinance including Exhibit A; Department request memos

Presentation: N/A

Publication: N/A

Reviewed by Service Area Director: Michael Dane, ACM/CFO

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS.

WHEREAS the City of San Angelo has determined that new projects not included in the current budget should begin, and

WHEREAS the City of San Angelo has determined that certain budgeted amounts should be amended due to project changes and unforeseen circumstances, and

WHEREAS the resources necessary for these changes are available;

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT:

The City’s budget for fiscal year 2012-2013 be amended by the amounts contained in Exhibit A.

INTRODUCED on the 19th day of March, 2013, and APPROVED and ADOPTED on this the 2nd day of April, 2013.


__________________________________ Alvin New, Mayor

ATTEST: __________________________________ Alicia Ramirez, City Clerk

Approved as to Content and Form:

__________________________________ Michael Dane, Assistant City Manager/CFO

City of San Angelo Proposed Budget Amendment Exhibit A

Fund Number Fund Name

Total Revenue

Amendment

Total Expenditure Amendment

Net Benefit/ (Cost)

COSA Operating Budget

103 Intergovernmental Fund 47,380 47,380 0

105 General Debt Service

Fund 0 220,000 (220,000)

106 South TIRZ Fund 0 93,284 (93,284)

201 State Office Building Fund 0 130,000 (130,000)

Totals 47,380 490,664 (443,284)

City of San Angelo

Proposed Budget Amendment Additional Information

Project/Need Source of Funding Revenue Expense Net Benefit/

(Cost)

RLSS Grant Funds

Department of State Health Services RLSS Grant

22,402 22,402 0

Texas Historical Commission Planning/Feasibility Study Grant

Texas Historical Commission Grant 24,978 24,978 0

Downtown Streetscape Project

South TIRZ Fund-Fund Balance 0 93,284 (93,284)

Chase State Office Building Maintenance

State Office Building Fund - Fund Balance 0 130,000 (130,000)

General Debt Service Fund – Fund Balance 0 220,000 (220,000)

Totals 47,380 490,664 (443,284)

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS, CHAPTER 5 “BUSINESS AND COMMERCE”, ARTICLE 5.800 “HOTEL OCCUPANCY TAX”, SECTION 5.805 “PURPOSE AND DISTRIBUTION OF TAX”, BY REPEALING SAID SECTION IN ITS ENTIRETY AND ADOPTING A NEW SECTION 5.805 ENTITLED, “USE OF REVENUE”, TO REMOVE THE MANDATED ALLOCATION OF REVENUE FOR USES ON A FIXED PERCENTAGE BASIS AND TO PROVIDE FOR ALLOCATION OF REVENUE FOR USES PERMITTED BY LAW AS CITY COUNCIL MAY DETERMINE WILL PROVIDE THE BEST VALUE IN APPLICATION OF HOTEL OCCUPANCY TAX REVENUE TO THE CITIZENS OF SAN ANGELO BY RESOLUTION FROM TIME TO TIME.

WHEREAS, the City of San Angelo levies and collects a hotel occupancy tax , the revenue of which is allocated on a fixed percentage basis for uses as mandated by the City of San Angelo Code of Ordinances, Chapter 5 “Business and Commerce”, Article 5.800 “Hotel Occupancy Tax”, Section 5.805 “Purpose and Distribution of Tax”; and, WHEREAS, the City of San Angelo is experiencing a changing economy and related positive hotel occupancy tax revenue collections and, WHEREAS, amending the Hotel Occupancy Tax Ordinance by removing the mandated allocations of revenue for uses on a fixed percentage basis, and providing that the City Council allocate revenue for uses pursuant to law as the City Council may determined from time to time, will provide the best value in application of hotel occupancy tax revenue to the citizens of City of San Angelo; NOW THEREFORE BE IT ORDAINED BY THE CITY OF SAN ANGELO: Section 1.) THAT, Chapter 5, “Business and Commerce”, Article 5.800 “Hotel Occupancy

Tax” of the Code of Ordinances of the City of San Angelo, Section 5.805 “Purpose and Distribution of Tax”, is hereby repealed in its entirety and a new Section 5.805 entitled “Use of Revenue” is hereby adopted to read as follows:

“Sec. 5.805 Use of Revenue

(a) The revenue derived from this Hotel Occupancy Tax shall only be used to promote tourism and the convention and hotel industry as limited by the Texas Tax Code, Chapter 351 “Municipal Hotel Occupancy Taxes” as now enacted or hereafter amended, in accordance with resolution of the city council..

(b) The city council by contract may delegate to a person, including another governmental entity or a private organization, the management or supervision of

programs and activities funded with revenue from the tax authorized by this article. The city council shall approve in writing in advance the annual budget of the person, governmental entity or private organization to which it delegates those functions and shall require the person, governmental entity or private organization to make periodic reports to the City Council at least quarterly listing the expenditures made by the person, governmental body or private organization with revenue from the tax provided by the city as authorized by law. The person, governmental entity or private organization must maintain revenue provided by the city from the tax in a separate account established for that purpose and may not commingle that revenue with any other money or maintain it in any other account. The approval by the city council of the annual budget of that person, governmental entity or private organization to whom it delegates those functions creates a fiduciary duty in that person, governmental entity or private organization with respect to the revenue provided by the city from the tax”.

(e) This article shall become effective on the date of its adoption, and shall apply to taxes due and received from and after , 2013

Section 2.) THAT, the terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance

Section 3.) THAT, this Ordinance shall be effective on the date of its adoption.

INTRODUCED on the day of , 2013, and finally PASSED,

APPROVED and ADOPTED on this the day of , 2013.


ATTEST: BY:

Alvin New, Mayor By: Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: Michael Dane Lysia H. Bowling Assistant City Manager / CFO City Attorney

City of San Angelo



From: Michael Dane, Assistant City Manager/CFO

Subject: Agenda Item for March 19, 2013, Council Meeting

Contact: Morgan Trainer, 653-6291

Caption: Regular Agenda

First Public Hearing and consideration of introducing an Ordinance amending the allocation method of Hotel Occupancy Tax and related matters AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS, CHAPTER 5 “BUSINESS AND COMMERCE”, ARTICLE 5.800 “HOTEL OCCUPANCY TAX”, SECTION 5.805 “PURPOSE AND DISTRIBUTION OF TAX”, BY REPEALING SAID SECTION IN ITS ENTIRETY AND ADOPTING A NEW SECTION 5.805 ENTITLED, “USE OF REVENUE”, TO REMOVE THE MANDATED ALLOCATION OF REVENUE FOR USES ON A FIXED PERCENTAGE BASIS AND TO PROVIDE FOR ALLOCATION OF REVENUE FOR USES PERMITTED BY LAW AS CITY COUNCIL MAY DETERMINE WILL PROVIDE THE BEST VALUE IN APPLICATION OF HOTEL OCCUPANCY TAX REVENUE TO THE CITIZENS OF SAN ANGELO BY RESOLUTION FROM TIME TO TIME;

Summary: City staff is requesting the City Council consider adopting an Ordinance adopting changes to the use of hotel occupancy tax dollars. Due to San Angelo’s changing economy and positive hotel occupancy tax experience, it is prudent to change existing methodology to provide the best value to the citizens of San Angelo.

Changes to the ordinance remove the requirement to allocate HOT funds on a percentage basis and allow the City Council allocate through an annual approval process. Staff will remind the Council of these percentages at the time allocations are decided and ensure Council allocates funding in accordance with State Law.

History: The City of San Angelo levied the hotel occupancy tax for the operation of

convention facilities, the promotion of tourism, and the improvement of the arts. Current contracts and ordinances allocate 48% of tax receipts to City of San Angelo Civic Events, 47% to the Convention & Visitors Bureau, and the remaining 5% to the San Angelo Cultural Affairs Council. The current tax rate is 7% for the City of San Angelo. The state levies an additional 6%. No change is proposed to the tax levy.

On February 5, 2013 City Council discussed changing the Hotel Occupancy Tax allocation process. On March 5, 2013 staff presented a draft contract with the Chamber of Commerce Convention & Visitors Bureau to revise the way Hotel Occupancy Tax dollars are disbursed to include clear communication, performance

benchmarks, demonstrate the value added, and allow the City Council to shape the entity’s activity.

Financial Impact: Due to recent positive economic experience, Hotel Occupancy Tax receipts

have increased. The proposed ordinance will allow City Council greater flexibility and will place greater accountability on recipients. As a result, any excess funds or surplus receipts will be made available for one-time or capital projects as allowed by Chapter 351 of the State Tax Code.

Related Vision Item (if applicable): Financial Vision

Other Information/Recommendation: Staff recommends introduction of the ordinance. Attachments: Article 5.800 of the Code of Ordinances Presentation: N/A Publication: N/A Reviewed by Director: Michael Dane, Assistant City Manager/CFO March 8, 2013 Approved by Legal: Pending

2012 3rd & 4th Quarter ReportCity of San AngeloCity of San Angelo

Main Street City: San Angelo, Texas Info for the Year: 2012

Private Sector Reinvestment Project Manager Info

Project Name Project Description Address

Quarter 3

Loft Apartments Remodeling 30 West BeauregardLoft Apartments Remodeling 30 West Beauregard

Charles Corfield Remodeling 59 N. Chadbouorne Street

David Barnett Restroom Remodeling 304 N. Chadbourne

Western Ironworks Building Remodeling 505 N. chadbourne Street

McDonalds Remodeling 520 N. Bryant Blvd

Texas S9UC Upgrades 311 North Bryant Blvd

Jose Medina Remodeling 312 W. Washington Drive

Clarion Inn ADA 441 Rio Concho Drive

Townhouse Hotel Remodel 7 E Concho AvenueTownhouse Hotel Remodel 7 E. Concho Avenue

John E. Sutton Sale 122 S. Irving

Titan Investments Sale 334 W. Concho

Private Sector ReinvestmentQuarter 3

David Barnett304 North Chadbourne Street

Restroom Remodelingest oo e ode g$18,000

Main Street City: San Angelo, Texas

Info for: 4th Qtr, 2012

Private Sector Reinvestment Project Manager InfoPrivate Sector Reinvestment Project Manager Info

Project Name Project Description Project Address

San Angelo Hotel & Conference Remodel 441 Rio Concho DriveSa ge o ote & Co e e ceCenter

e ode o Co c o e

San Angelo Hotel & Conference Center

Remodel 441 Rio Concho Drive

Guerra Gabriel Remodel 330 North Main StreetGuerra Gabriel Remodel 330 North Main Street

Beauregard Lofts LLC New Construction Residential 30 West Beauregard Avenue

Concho Residential Service Inc New Carport 225 West Beauregard AvenueConcho Residential Service Inc New Carport 225 West Beauregard Avenue

Ficklin Ben Properties LLC New Storage Addition 419 West Avenue C

SAAF Holdings LLC New Office 221 South Irving Streetg g

Triangle Building CO New Tire Store 105 North Koenigheim

City of San Angelo Replace Glass Storefront with 401 East BeauregardStucco

King Barbara & Wesley Family T Storage Container 217 West 6th Street

Private Sector Reinvestmentth4th Quarter

Project Name Rehab‐N b

Rehab‐E di

New C i

New C iNumber

of Projects

Expenditures Construction‐ Number of Buildings

Construction‐Expenditures

San Angelo Hotel & Conference 1 $59,584.00Center

San Angelo Hotel & ConferenceCenter

1 $10,000.00

Guerra Gabriel 1 $2,500.00Gue a Gab e $ ,500 00

Beauregard Lofts LLC 1 1

Concho Residential Services Inc 1 1 $1,170.00

$Ficklin Ben Properties LLC 1 $9,500.00

SAAF Holdings LLC 1 $2, 068,670.00

Triangle Building Co 1 $800,000.00

City of San Angelo 1 $35,560.00

King Barbara & Wesley Family T 1 $2,000.00

San Angelo Hotel & Conference Center

441 Rio Concho Drive$59,584.00R d lRemodel

San Angelo Hotel & Conference Center441 Rio Concho

iDrive$10,000.00RemodelRemodel

Guerra Gabriel330 North Main

Street$2,500.00Remodel

Beauregard Lofts LLCg30 West BeauregardNew Construction,

Residential

Concho Residential Service Inc

225 West Beauregard$$1,170.00

New Carport

Ficklin Ben Properties LLC

419 West Avenue C$9 500$9,500

New Storage AdditionAddition

SAAF Holdings LLCSAAF Holdings LLC221 South Irving Street

$2, 068,670.00New Office

Triangle Building CO105 North Koenigheim

Street$$800,000.00

New Tire Store

City of San Angelo401 East Beauregard

$35,560.00Replace Glass Storefront with StuccoReplace Glass Storefront with Stucco

King Barbara & Wesley g yFamily T217 W 6th Street$$2,000.00Storage Container

3rd Quarter 2012Other Data RequiredOther Data Required

For Reinvestment Summary

4th Quarter 2012Other Data RequiredOther Data Required

For Reinvestment SummaryQ1 Q2 Q3 Q4

Total Business Starts, Expansions, and Relocations

2 8 3 3

Net Gain in Business Starts, Expansions, and Relocations

2 6 2 2

Net Gain in Jobs 15 18 6 6

Vol nteer Ho rs Logged 1620 1800 1570 1850Volunteer Hours Logged 1620 1800 1570 1850

Number of Downtown Housing Units 0 0 0 0

Number of Downtown Residents 0 0 0 0

2012 TEXAS MAIN STREETRE INVESTMENT SUMMARYRE‐INVESTMENT SUMMARY

4th Quarter Reinvestment$$3,006,984

CumulativeCumulative$66,892,626

Respectfully Submitted

City of San Angelo

Memo Date: February 8, 2013


From: Ricky Dickson, Interim Water Utilities Director


Contact: Ricky Dickson; 657-4209

Caption: Regular Item

Demonstration and possible consideration of Neptune N_Sight IQ software. This software will allow citizens to access their water consumption data collected from the city’s automatic meter reading system.

Summary: The Neptune N_Sight IQ software integrates with the City’s automatic meter reading system to provide cloud-based data management, reporting and long-term data retention. This system allows utility customers to monitor their water usage, allows notification of leaks or unusually high consumption with pre-determined alarm conditions. With this information customers are better equipped to manage their water consumption. The software is a web-based thin-client application that provides time-synchronized meter readings and grouping technology to provide consumption data analysis through graphical interfaces.

History: On June 1, 2010 the City entered into a contract with HD Supply Waterworks to provide materials and equipment necessary for the city to implement the Neptune fixed base automatic meter reading system. Since this time approximately 50% of the water meters have been converted to the AMR system. Scheduled completion of the AMR system is 2015.

Financial Impact: No hardware required by City.

Related Vision Item

(if applicable):

Water Conservation


Staff recommends the implementation of software.

Attachments: None

Presentation: On-line demonstration of the software will be conducted by Charlie Trimble of Neptune Technology Group.

Publication: None.


Ricky Dickson, Interim Water Utilities Director; 657-4209

Approved by Legal: na

City of San Angelo

Memo




Subject: PD 07-01( 2013 Amendment) Carrie & John Maier and Glenn & Peggy Rosser, A request for approval of a zone change from Ranch & Estate (R&E) to Planned Development (PD) district to allow for a "Campground /Recreational Vehicle Park" as allowed in PD 07-01, approved in March of 2007, and to which the property described below is proposed to be added via an amendment:

Location: 3512 Ben Ficklin Road, located approximately 200 feet east from the

intersection of Ben Ficklin Road and South Bryant Boulevard. This property specifically occupies approximately 10.8 acres in the southwest portion of a 73.9 acre tract of the E Hermes Survey 0174 Abstract 0349 in south central San Angelo.

Purpose: Approving this zone change will allow an amendment to PD 07-01

including an additional 10.8 acres and a site plan to the Planned Development.

Contacts: Carrie Maier, property owner 325-716-9236

Jeff Hintz, Interim Senior Planner 325-657-4210

Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo

PD 07-01 (2013 Amendment): Carrie & John Maier and Glenn &

Peggy Rosser AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE

OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 3512 Ben Ficklin Road, located approximately 200 feet east from the intersection

of Ben Ficklin Road and South Bryant Boulevard. This property specifically occupies approximately 10.8 acres in the southwest portion of a 73.9 acre tract of the E Hermes Survey 0174 Abstract 0349 in south central San Angelo, as indicated in Exhibit B of this Ordinance, changing the zoning classification from Ranch & Estate (R&E) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


(1) Approve the proposed zone change as requested; or

(2) Deny the requested zone change; or

(3) Remand the application back to Planning Commission for further discussion, in which case another public hearing will need to be scheduled.

Recommendation: Planning staff recommends approving the proposed zone change. Planning Commission at its meeting on March 18, 2013 recommended approval of this request by a vote of 5-1.


A Planned Development District has been approved (2007) to operate a Campground/RV park on other portions of this property as well as adjacent city property leased by the applicant. This PD has been amended on two occasions and allows for a "mobile home" to be placed on the property. This request is to add a 10.8 acre area, with spots for 51 Recreational Vehicles into the same Planned Development approved in 2007, with the same regulations that are already in place, using the site plan attached to this report.

General Information

Existing Zoning: Ranch & Estate (R&E) Existing Land Use: Farmland and a homestead used by the applicant. Surrounding Zoning/Land Use: North: R&E Undeveloped land & Concho River West: RS-1 &

CG/CH Vacant land, drainage area, Red Arroyo

South: R&E & CG/CH

Residences & undeveloped open spaces

East: PD & R&E Fields and undeveloped open spaces

Thoroughfares/Streets: South Chadbourne Street & South Bryant

Boulevard are classified as "major arterial streets" and are designed to connect collector streets to freeways and other arterials carrying large volumes of traffic at high speeds. Access is secondary and mobility is the primary function of these streets.

Ben Ficklin Road is defined as a "local street" in

this area and is designed to, "carry light neighborhood traffic at lower speeds and generally connect to collector streets."

Zoning History: PD 07-01 Allowed for a Campground/RV Park on

a portion of the property, and city leased property. PD 07-01 was amended in 2008 and allowed a

Mobile Home to be placed on the site until March of 2011 if the Campground/RV Park was NOT fully developed.

PD 07-01 was amended again in March of 2011

and allowed the mobile home to remain on the property until March 22, 2016 if the Campground/RV Park was NOT fully developed.

Vision Plan Map: Neighborhood & Commercial Comp Plan Excerpts: Within the open space section of the

Comprehensive Plan, goal one is to, "provide a balanced system of parks, open space, and recreational facilities in terms of function and location."

Goal three of this open space section of the

Comprehensive Plan states that the community should, "make efficient and valuable use of regional drainage ways."

Special Information

Traffic Concerns: For practical purposes, the property nearly has direct access to two major arterial roadways within the community. A proposal such as this on a property of this size has the possibility to draw large amounts of travelers. These roadways are designed to accommodate large flows of traffic at a higher speed, but with limited access points.

Parking Requirements: Vary depending upon the uses and if the applicant

chooses to erect structures accessory to the

campground or not. A Campground/RV Park has no off-street parking requirements without any buildings/structures present.

Signage Regulations: Section 12.604 of the Sign Ordinance "A nonresidential use sign shall be no larger than

one half (0.50) square foot of sign area for one (1.00) linear foot of lot frontage, not to exceed a maximum of sixty-four (64) square feet."

"A nonresidential use sign shall be no taller than

one (1) foot of height for each foot of setback from the property line, not to exceed eight (8) feet in height. Five (5) feet of height is allowed at the property line, provided a ten (10) foot minimum setback is maintained from the curb line."

"No more than one nonresidential use sign (1) per

street frontage is allowed." "A nonresidential use sign must be set back ten

(10) feet from the curb line or street edge or zero feet from the property line whichever is greater. Additionally, one (1) foot of additional setback is required for each additional foot of height in excess of five (5) feet."

Parking Provided: No paved off-street parking spaces are currently

provided. Density: Predominately vacant land and low-density

residential development is present in this area Notification Required: Yes Notifications Sent: 10

Responses in Favor: 0 Responses in Opposition: 0

Analysis:

In order to approve this zone change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible

with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.

2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance.

3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.

4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.

5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.

6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.

7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.

The staff recommendation is based upon the statements listed below. The property is zoned as R&E at this time, the least intensive of all zoning districts within the city limits. A campground will likely net the entrepreneurs some profit, however in terms of strictly land use, the campground is not a very intense use at all and is still residential in nature; this is intended for temporary living quarters, not permanent living. Staff has found that this proposal will be consistent with intent of the Vision Plan for the area and that the use will be consistent with the surrounding area and Zoning Ordinance. Given the isolation and the large portion of the property that is within the floodplain, a campground is an effective land use that will be a compliment to the area, as well as the highest and best use of the property. The isolation of this particular property and the fact that the floodplain covers a good deal of it leads staff to believe that temporary living quarters afforded to campgrounds and tourist cabins will be a good fit for the area. When floods or rainfall come to the area, Recreational Vehicles are fairly easy to move in a short amount of time. While the majority of the land use called for on this particular property within the Comprehensive Plan is "Neighborhood" staff finds this request still meets the intent of the Comprehensive Plan. This amendment will carry the exact same rules approved in 2007 by the Planning Commission and City Council and simply extend it to an area on the same property, a mere 650 feet to the west. The perceived and actual openness of a campground has a limited effect on the natural environment. The proximity to two major waterways this property sees is very unique and should not be taken lightly. The capacity of these waterways to handle storm water runoff is not a major issue due to the drainage characteristics of the property and proximity to the Red Arroyo and Concho River. It is believed that a campground will be

a way to promote and protect the natural environment in this area through limited pavement and impervious surfaces. In addition, staff finds that a campground/rv park expansion on this property, will be a way to promote the enjoyment of the natural environment through vacationers and campers alike; this proximity and access to natural resources are exactly the intent of a camping/recreation opportunity and why staff finds this proposed expansion on this property in this area, appropriate both now and in the future. staff finds that accessibility to natural resources also fills a community need for the community members as well as visitors to our community. Aside from access roads and a few campground related structures, the overwhelming majority of the site will remain in a natural state. This property is highly unique within the community given the size and access to two waterways; the opportunity for recreation and vacation uses in this area has already been approved through a PD in 2007 as mentioned previously, this particular amendment will allow for a phasing of the project. The opportunity to run a campground within the bounds of an already established PD does serve a community need, especially given the abundance of natural resources in the area. This additional area encompassed by the Planned Development in this report, is intended to be a first phase, while the existing PD area is intended to be developed later on as a phase two. Under this proposed zone change, 51 additional RV sites (site total of 101 if this amendment is approved) would be included for vacation and camping opportunities and be provided as the attached site plan indicates. This proposal is not expected to alter land use patterns in place for the area. As previously mentioned this area is very low intensity and low density in nature. Allowing the property to be used as a campground fits the present development for the area and does not compromise the ability for the area to grow either. South Chadbourne Street and Ben Ficklin Road (in this general area anyway) are for all practical purposes, used to access recreation and open space land uses. Several fields and other natural open areas are present in this area accompanying the already approved PD 07-01; this extension onto an additional 10.8 acres is not expected to alter development in the area. The low density and low intensity development on this property and on the neighboring properties should continue on unhindered by this proposal. The open space and neighborhood envisioned areas called for within the Vision Plan portion of the Comprehensive Plan, should remain unaffected by this expansion as well. The expansion of this already approved campground and RV Park, are not anticipated to change development patterns or limit the potential for the area grow in the same predictable manner in the future due to the isolation of the property and proximity to natural resources. The overall acreage owned and leased by the applicant is just under 100 acres, approximately 30 acres (if this amendment were to be approved) of property would be zoned as PD allowing a campground/rv park with tourist cabins and horse boarding (for campers only). The maximum allowed RV units is 101 (60 on the already approved PD and 51 proposed to be added with this amendment) 101 RV's on 30 acres is about three and 1/3rd (3.36) RV's per acre, an extremely low overall density. When looking at the entire site the applicant owns (comprising PD and Ranch & Estate zoning) nearly 100

acres, this density comes out to be about one RV per acre, an extremely low overall density that staff finds preserves the openness of this general area. This overall low density, meets the intent of a campground and RV park as currently defined within the Zoning Ordinance. The openness that is preserved through the adherence to site plans with specific site locations and amounts of spaces is the most control the Zoning Ordinance affords to the community and members of the Planning Commission. The applicant is required to do exactly what the approved PD 07-01 Ordinance calls for, as well as follow the site plans which are a part of the ordinance. The PD will not allow this vast site to become a free-for-all parking lot of RV's with no restrictions; this strict control allows for the most consistent and predictability of development within the community, a fact that solidifies the purpose and intent of the Zoning Ordinance and Comprehensive Plan and the goals for this area. For all of these reasons, staff finds this use consistent with all criteria mandated of the request and recommends approval of this expanded area within the bounds of PD 07-01. Proposed Conditions

Conditions are listed in Section Five of approved ordinance referring to PD 07-01 in the attached ordinance at the end of this report. The Ordinance accompanying this report as a draft simply adds this site plan and area to the requirements from PD 07-01.

Attachments: excerpt from zoning map, showing the general location within the City of San Angelo;

excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; excerpt from the Comprehensive Plan Vision Map

highlighting the subject property; and draft Planning Commission minutes from March 18 meeting; citizen responses; applicant's presentation; approved PD 07-01 ordinance from 2007; approved PD 07-01 site plan from 2007; and draft ordinance with site plan incorporating this new "phase

one" area into PD 07-01.

Presentation: Jeff Hintz, Interim Senior Planner

D. PD 07-01 (2013 Amendment): Carrie & John Maier and Glenn & Peggy Rosser

A request for approval of a zone change from Ranch & Estate (R&E) to Planned

Development (PD) district to allow for a "Campground /Recreational Vehicle Park" as allowed in PD 07-01, approved in March of 2007, and to which the property described below is proposed to be added via an amendment:

3512 Ben Ficklin Road, located approximately 200 feet east from the intersection

of Ben Ficklin Road and South Bryant Boulevard. This property specifically occupies approximately 10.8 acres in the southwest portion of a 73.9 acre tract of the E Hermes Survey 0174 Abstract 0349 in south central San Angelo.

Jeff Hintz, Planner, came forward to present this request, consistent with the staff recommendation of approval. Five notifications were sent out, with one returned in favor and zero in opposition. Two letters in favor and one in opposition - which are outside of the notification area - were also sent in to city staff. Mr. Hintz familiarized the Commissioners with the property. The Vision Plan map for the area calls for a mostly "Neighborhood" designation. The property is immediately adjacent to the PD district already in place, and is intended to be a continuation of the PD, to be accomplished with a formalized amendment. This amendment would allow for the addition of property to this existing PD district, while utilizing the same regulations that are already in place within this PD ordinance. The request is compatible with the area and there should be little effect on the natural environment. Mr. Hintz reviewed the comments that came from other internal and external parties in the review of the proposal. RV park development is a better fit for an area of this nature and fits in with an "open space" designation. The intent of this RV park is consistent with the Zoning Ordinance which is currently written. The PD is the most predictable and consistent development type within the City limits, and the same rules and regulations will apply which have been in place since 2007. The specific site plan must be followed, and this proposal is unique from any other request for this type of usage because of its location, proximity to an existing PD district, intent matching the use classification, and application of rules previously established which the Planning Commission approved at one time. Peggy Rosser, applicant, came forward to speak in favor of this request. Ms. Rosser provided a packet of information to the Planning Commission which supports their request. Their intent is to build an RV Park, not a work camp. Ms. Rosser described each of the exhibits in the packets. A copy of this packet is maintained as part of the minute record. The packet includes examples of manufactured housing parks in San Angelo, as well as RV sales lots. The packet also includes letters of support from various parties for this proposal as presented. Ms. Rosser provided some quotes from the letters of support, including some from the Chamber of Commerce, Convention & Visitors Bureau, Angelo RV, and two citizens of San Angelo who own property immediately nearby. The argument was made that equine tourism, recreational-based travelers, and seasonal travelers are beneficial to attract for San Angelo. After reviewing some of the quotes from these letters, Ms. Rosser asked if there were any questions.

Joe Grimes asked Ms. Rosser a bit about the nature of the RV park and explained that their project was not necessarily the same type of endeavor as the other RV parks which have been brought to the Planning Commission in recent months. Teri Jackson, with the Century Park Homeowners Association, came forward to speak in opposition on this matter. They are within 1200' of the proposal PD district. They have submitted a letter with 33 homeowners in opposition who signed it, which was presented to the Commissioners. Jennifer Boggs asked Ms. Jackson why the group was in opposition to the request. Ms. Boggs asked Ms. Jackson if she has been on the property, and Ms. Jackson replied that she had not. Ms. Jackson stated that Ben Ficklin Road is a very small road and would be a difficult entrance. Mr. Wynne asked if the objection was based on the perception of a work camp and not on a RV park for recreational type of usage. Mr. Smith explained that he too, like Ms. Boggs, did not understand the rationale behind the opposition. Mr. Lawrence wanted to identify the reasons for the objection. The only reason for objection articulated was that Phase I had not yet been developed. Kandi Pool, speaking for the Association of Realtors, came forward to explain that they are in opposition to this request. She explained that other requests have been tabled and that they ask that this request be handled the same way. Mr. Lawrence explained that the previous case was intended for long-term living, while this case is focused on the type of limitations which the current ordinance allows - being recreational in nature. There is, as such, a clear distinction between the two. Mr. Wynne asked Mr. Hintz to provide the packet to Ms. Pool for her review. Ms. Pool expressed that they want to make sure that there will be a proliferation for campgrounds throughout the city for different reasons. Ms. Pool asked that the Commission wait for the joint meeting to be held. No one else came forward to speak on this matter. Darlene Jones explained that the concept is a great concept and the presentation was done well. However, she feels that there should be examination of the area. Mr. Hintz spoke about the differences of this project because the PD ordinance is tailor-made for this property, rather than simply being open to anything under the use category. Jennifer Boggs stated that the letters of support were important and should be considered in the evidence of the case. Ms. Boggs also explained that there is, and has been articulated, a clear line of distinction between the work camp issue and a recreational use. Mr. Smith stated that he was surprised to see Commission members apologize for "pigeon-holing" the project in a previous hearing but then go ahead and "pigeon-hole" it by tabling it. Mr. Smith continued to state that this is a different matter. Motion, to approve as presented, was made by Ryan Smith and seconded by Jennifer Boggs. The motion passed by a vote of 5-1 with Darlene Jones opposed.

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 3512 Ben Ficklin Road, located approximately 200 feet east from the intersection of Ben Ficklin Road and South Bryant Boulevard. This property specifically occupies approximately 10.8 acres in the southwest portion of a 73.9 acre tract of the E Hermes Survey 0174 Abstract 0349 in south central San Angelo, as indicated in Exhibit B of this Ordinance, changing the zoning classification from Ranch & Estate (R&E) to

Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: PD 07-01 (2013 amendment): Carrie & John Maier and Glenn & Peggy Rosser

WHEREAS, the Planning Commission for the City of San Angelo and the governing

body for the City of San Angelo, in compliance with the charter and the state law with reference to zoning regulations and a zoning map, have given requisite notice by publication and otherwise, and after holding hearings and affording a full and fair hearing to all property owners and persons interested, generally, and to persons situated in the affected area and in the vicinity thereof, is of the opinion that zoning changes should be made as set out herein;

WHEREAS, the applicants seek to develop the property in a phased approach and

wish to include an additional area of property within their ownership to the development as approved and adopted on March 6, 2007; NOW THEREFORE,

BE IT ORDAINED BY THE CITY OF SAN ANGELO:

SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enacted

by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 3512 Ben Ficklin Road, located approximately 200 feet east from the intersection of Ben Ficklin Road and South Bryant Boulevard. This property specifically occupies approximately 10.8 acres in the southwest portion of a 73.9 acre tract of the E Hermes Survey 0174 Abstract 0349 in south central San Angelo, as indicated on Exhibit B of this Ordinance shall henceforth be permanently zoned as follows: Planned Development (PD) District.

The Director of Planning is hereby directed to correct zoning district maps in the office of the Director of Planning, to reflect the herein described changes in zoning.

SECTION 2: That in all other respects, the use of the hereinabove described property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended.

SECTION 3: That the following severability clause is adopted with this amendment:

SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that,

if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.

SECTION 4: That the following penalty clause is adopted with this amendment:

PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense. SECTION 5: That the ordinance approved by the governing body for the City of San

Angelo on March 6, 2007 amending the basic zoning ordinance for the City of San Angelo, which said amending ordinance is referenced as PD 07-01and which concerns a certain 6.608-acre tract and a 14.199 acre tract out of the E. Hermes Survey 0174 Abstract 0349 in the City of San Angelo, Tom Green County, Texas, shall be and the same is hereby amended insofar as a certain Paragraph B in Section 5, adding the site plan referenced in Exhibit A of this ordinance to the area encompassed by PD 07-01.

INTRODUCED on the 2nd day of April, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 16th day of April, 2013.


____________________________________

Alvin New, Mayor

ATTEST:

________________________________ Alicia Ramirez, City Clerk

Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Interim Director of Lysia H. Bowling, City Attorney Development Services

Exhibit B

M

M

BE

N F

IC

KL

IN

R

OA

D

City of San Angelo

Memo



From: Roxanne Johnston, Planner

Subject: Z13-08: Cho Walker. A request for approval of a zone change from Single-Family Residential (RS-1) to Two-Family Residential (RS-2) to specifically allow for “Household Living” as defined in Section 313.B. of the Zoning Ordinance and as allowed in RS-2 zoning districts on the following property:

Location: 1205 South Jackson Street; located approximately 75 feet

southwest from the intersection at South Jackson Street and West Avenue H. This property specifically occupies the South Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo.

Purpose: Approval or modification of this request by the Planning

Commission would forward the recommendation to City Council for a final decision on the matter.

Contacts: Cho Walker 325-763-8606

Roxanne Johnston, Planner 325-657-4210


Z 13-08: Cho Walker AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF

THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN,

BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 1205 South Jackson Street; located approximately 75 feet southwest from the intersection at South Jackson Street and West Avenue H. This property specifically occupies the South Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo, changing the zoning classification from a Single Family Residential (RS-1) to a Two-Family Residential (RS-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


(1) Approve the proposed zone change;


(3) Deny the proposed zone change Recommendation: City staff recommends approving the proposed zone change.

On March 18, 2013, the Planning Commission recommended approval of this request by a unanimous vote of 6-0.


The subject property encompasses two lots and measures approximately 1/3 of an acre. The existing home was built in the early 1940s. Santa Rita Park and Santa Rita Elementary School are located nearby, less than ¼ mile to the east. Proximity to these locations allows opportunities for recreational, educational and social opportunities for the surrounding area. Additionally, the subject property is situated well under a ½ mile in to South Beauregard Avenue to the north and West Avenue N to the south. These two locations generally provide commercial opportunities to the subject property and the neighborhood, overall.

The applicant is seeking this zone change in order to convert an existing accessory building into an accessory apartment. Although many such structures are in place within the surrounding area, there are two properties that have been rezoned to RS-2. The closest, 1313 South Jackson Street, houses a two story duplex and was rezoned in 1965. It is less than 500 feet south from the subject property.

Another such RS-2 zone is located southwest at 1428 West Tyler Street. This last property lies approximately 2000 feet from the subject property with an accessory apartment situated towards the rear of the property.

General Information

Existing Zoning: Single Family Residential (RS-1) Existing Land Use: Residence Surrounding Zoning/Land Use: North: RS-1 Single-family Residential West: RS-1 Single-Family Residential South: RS-1 Single-Family Residential East: RS-1 Single-Family Residential

Thoroughfares/Streets: South Jackson Street and West Avenue H

are defined as “local streets” which are designed to carry light neighborhood traffic at lower speeds and generally connect to collector streets.

Zoning History: The property has been a part of the city

limits since at least 1949 with little change to residential zoning and uses to the immediate area.

Applicable Regulations: Allowed uses for this property can be

found in Section 310 (Use Table) of the Zoning Ordinance.

Development Standards: Residential development setbacks are

outlined in Section 501 of the Zoning Ordinance.

Vision Plan Map: Neighborhood for the subject property and

surrounding area. Related Comp Plan Excerpts: “Create new physical connections to

neighborhoods lined with transitional and intermediate uses."

"Promote neighborhood diversity and

security by encouraging a mix of age, income, and housing choices within San Angelo's neighborhoods.” "Encourage in-fill development sensitive to the existing and desired content of the area”

“All residents within each neighborhood boundary should be able to meet their daily needs within a reasonable and accessible distance from their home.” "Variety of residential product types - multi-family, townhomes, courtyard homes, patio homes, etc."

Establish transition areas to better "scale-

down" intensity of use from commercial centers to neighborhoods."

Special Information

Traffic Concerns: Changing the zoning to RS-2 will create little impact on the volume of traffic than if the property remained as-is.

Parking Requirements: New residential units require a minimum of

two off-street parking spaces. All areas used for off-street parking shall be paved, per Section 511.F.3 of the Zoning Ordinance.

Parking Provided: Off-street paved parking is provided. Density: Surrounding uses are predominately

residential in nature, with the majority of the structures being single-stories.

Notification Required: Yes Notifications Sent: 20


Analysis:

In order to approve this Zone change request, City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is

compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.







The staff recommendation is based upon the statements listed below.

The applicant is seeking a zone change in order to convert an existing accessory building into an apartment. This zone change request from RS-1 to RS-2 is only a slight change from current zoning and staff has discovered that this proposed change is in keeping with the 7 criteria listed above, all of which will be explained in the following. A zone change to RS-2 would allow the owner and future owners to enjoy the same residential uses that are allowed by right as current zoning with just one exception: it allows for an accessory apartment on the property and the occupancy rate would increase slightly. As mentioned earlier under the “History and Background” portion of this report, the subject property is comprised of two lots. A lot size of an approximately 1/3 of an acre makes a zone change here

more attractive than if the request were made on a piece of property half the size of the subject property. Because of this minute difference in residential uses, and with the lot being larger than many in the area, the proposed zone change remains consistent and compatible with both the Zoning Ordinance and Comprehensive Plan and meets the requirements of Criteria 1. Since there would be no conflict in land use or the building requirements outlined in the Zoning Ordinance, the proposed zone change would also be consistent with the Zoning Ordinance and meets the intent of Criteria 2. Traffic would be minimally impacted and the use would remain compatible with the surrounding area. Additionally, the property has a spacious paved curved driveway that can easily provide 3 additional off street parking opportunities along with the two car garage attached to the primary residence. The subject property lies amid an older, more established medium-density residential area and is situated less than a half mile to commercial areas located along West Beauregard Avenue and West Avenue N. Also, Santa Rita Park and Santa Rita Elementary are within 500 feet of the subject property. The proximity to these commercial opportunities can be ideal for pedestrian and bicycle uses. Staff found many accessory structures in the subject property neighborhood and discovered two instances of zone changes from RS-1 to RS-2. These illustrate precedence by the Planning Commission and City Council to allow a mix of housing stock to the area, which was and still is in keeping with the Comprehensive Plan, so allowing an additional zone change here would be appropriate. As previously mentioned, traffic would be minimally impacted with a zone change and the use would remain compatible with the surrounding area and therefore meets with the conditions of Criteria 3. Conditions would remain relatively the same should the zone change be approved. The Vision Plan calls for the subject property to remain as ‘Neighborhood’ in nature. Therefore, the zone change request is consistent with aspects of the Vision Plan and will likely have a positive impact on current and future land uses. RS-2 zoning here for an accessory apartment could also encourage redevelopment and provide encouragement for future neighborhood development that would be compatible with surrounding uses, including Santa Rita Elementary School and Santa Rita Park to the east. This zoning request would have minimal negative impacts on the natural environment, again, since there is a little change between RS-1 and RS-2 uses. Storm water runoff to the area would remain unchanged since the building is already in place. Traffic would be the only factor increasing and impacting the area, and again, this would be a negligible change since only one apartment would be in use on the subject property and would most likely not negatively affect neighboring properties if all conditions of the Zoning Ordinance are satisfied.

San Angelo is experiencing a need for increased housing stock as our population has been increasing. According to the United States Census Bureau, population increased by nearly 5,000 between the years 2000 and 2010.1 In this instance, an existing structure would be reconditioned to provide more housing to assist with community need, so Criteria 6 would continue to be met with the approval of a zone change here. Also addressing community need is this: the proposed area is situated in what contains several potential components of a walk-able community from a Smart Growth point of view. Smart Growth, can be defined as “development that serves the economy, the community and the environment”2 and promotes strong neighborhoods through choices in transportation and housing. Smart Growth also offers a higher level of social interaction, reduced emissions caused by automobile travel and greater opportunities for physical opportunity that are brought about by higher pedestrian and bicycling uses. Both Santa Rita Elementary and Santa Rita Park are located less than 500 feet east of the subject property, between South Monroe and South Madison Streets. Commercial access exists less than a half a mile north from the subject property along West Beauregard Avenue and also along West Avenue N, which is located less than a half mile south from the subject property. These are just three examples of current locations where area residents have reasonable pedestrian and bicycle access to and illustrate how the subject property has several desirable Smart Growth traits. In addition to meeting Criteria 1-6, staff feels this zone change request is in keeping with Criteria 7. A rezone to RS-2 is most certainly a logical progression in terms of development patterns. Again, the change is very slight from the current zoning and the Vision Plan calls for the area to remain residential. A rezone to RS-2 would have little negative impact on the area, and again, could help encourage future development in a predictable, orderly manner which is exactly the intent of the Comprehensive Plan and Zoning Ordinance.

Proposed Conditions

N/A

Attachments: Excerpt from zoning map, showing the general location within the City of San Angelo;

excerpt from zoning map, highlighting subject

property;

1 www.quickfacts.census.gov (accessed 01/18/13). 2 www.smartgrowthpa.org (accessed 01/22/13).

http://www.quickfacts.census.gov/

http://www.smartgrowthpa.org/

aerial photo, highlighting subject property; and excerpt from the Comprehensive Plan Vision map

highlighting the subject property. notification map highlighting responses from

neighboring properties; citizen response letters; draft minutes from March 18, 2013 Planning

Commission meeting; and ` draft ordinance

Presentation: AJ Fawver, Interim Director of Development Services Reviewed by: Jeff Hintz, Interim Senior Planner (03/09/13)

The effect of

MINUTE RECORD OF THE CITY OF SAN ANGELO PLANNING COMMISSION MEETING HELD ON MONDAY, March 18, 2013 AT 9:00 AM IN THE SOUTH MEETING ROOM OF THE SAN ANGELO CONVENTION CENTER, 500 RIO CONCHO DRIVE, SAN ANGELO, TEXAS

PRESENT: Joe Grimes, Bill Lawrence, Jennifer Boggs, Darlene Jones, Bill Wynne,

Ryan Smith

ABSENT: Sebastian Guerrero (AE) STAFF: AJ Fawver, Interim Director of Development Services Lysia Bowling, City Attorney Al Torres, Building Official Jeff Hintz, Interim Senior Planner Kevin Boyd, Planner Roxanne Johnston, Planner

VII. Requests for Zone Change. [Planning Commission makes recommendation; City Council has final authority for approval.]

A. Z 13-08 Cho Walker A request for approval of a zone change from Single-Family Residential (RS-

1) to Two-Family Residential (RS-2) to specifically allow for “Household Living” as defined in Section 313.B. of the Zoning Ordinance and as allowed in RS-2 zoning districts on the following property:

1205 South Jackson Street; located approximately 75 feet southwest from

the intersection at South Jackson Street and West Avenue H. This property specifically occupies the South Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo.

Roxanne Johnston, Planner, came forward to present this case, consistent with the staff recommendation of approval. Twenty notifications were sent out, with three returned in opposition to the request. She described briefly the concerns that were outlined. There is predominant RS-1 zoning throughout the area, and the subject property actually sits on two lots. The applicant would like to have a full accessory apartment on the premises. The properties responding in opposition to the request were shown. The Vision Plan map calls for a "neighborhood" designation at this location. Ms. Johnston gave some other background on the ordinance requirements for accessory apartments. Staff explained that the zoning change was needed because a full-fledged apartment (encompassing both a bathroom and a kitchen) would be a full second living unit. An RS-1 zoning district only allows one living unit per lot. In this case, the property is actually two lots, making it unique. Conceivably, if the current buildings were removed, one residence could be constructed on each of those lots. As such, the only thing preventing this occurring now is the limitations of the current buildings and setbacks.

Cho Walker came up to speak. Bill Wynne asked if someone will be occupying the residence. Ms. Walker mentioned that her sister will be occupying it permanently. She mentions that her sister is ill and that she would care for her. Ms. Boggs asked if there would be any changes to the existing structure. Ms. Walker responsed no. there are no changes expected to the building. Ryan Smith asked about the terms of renting. Staff explained the differences between a full accessory apartment and a "mother-in-law suite". The former has both a bath and a kitchen, while the latter has one or the other, not both. Motion, to approve, was made by Ryan Smith and seconded by Darlene Jones. The motion passed unanimously, 6-0.

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 1205 South Jackson Street; located approximately 75 feet southwest from the intersection at South Jackson Street and West Avenue H. This property specifically occupies the South Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo, changing the zoning classification from a Single Family Residential (RS-1) to a Two-Family

Residential (RS-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 13-08: Cho Walker


body for the City of San Angelo, in compliance with the charter and the state law with reference to zoning regulations and a zoning map, have given requisite notice by publication and otherwise, and after holding hearings and affording a full and fair hearing to all property owners and persons interested, generally, and to persons situated in the affected area and in the vicinity thereof, is of the opinion that zoning changes should be made as set out herein; NOW THEREFORE,



by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 1205 South Jackson Street; located approximately 75 feet southwest from the intersection at South Jackson Street and West Avenue H. This property specifically occupies the South Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo, shall henceforth be permanently zoned as follows: Two-Family Residential (RS-2) District.


SECTION 2: That in all other respects, the use of the hereinabove described

property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended.


SEVERABILITY:

The terms and provisions of this Ordinance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.


PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense.



____________________________________

Alvin New, Mayor

ATTEST:

________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney

City of San

Angelo

Memo



From: Roxanne Johnston, Planner

Subject: Z13-09; Jack Gabriel, aka PD 07-03 (2013 Amendment); (an amendment to a Planned Development District (PD07-03) to specifically add an allowance for the operation of a gymnastics academy, which is defined in Section 315.G.c.3 of the Zoning Ordinance as a “Retail Sales and Service that is Entertainment Oriented” on the following property:

Location: 2909 South A&M Avenue, located at the southwest corner of

South Oxford Drive and South A&M Avenue. This property specifically occupies approximately 7.938 acres out of the J Mc Neese Survey 0176 Abstract 1641 in southwest San Angelo.

Purpose: Approving this zone change amendment will forward that

recommendation to City Council for a final decision on the matter.

Contacts: Jack Gabriel, property owner 325-374-3457

Roxanne Johnston, Planner 325-657-4210

Caption: First Public Hearing and consideration of introduction of an Ordinance

amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo

Z 13-09 AKA PD 07-03 (2013 Amendment): Jack Gabriel

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE

WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: a 7.938 acres at southwest corner of South Oxford Drive and A&M Avenue in southwestern San Angelo, amending the zoning classification from a Planned Development (PD) District (PD 07-03) previously approved for assisted group living to specifically add allowance for the operation of a gymnastics academy; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Summary: The City Council may: (1) Approve this Planned Development amendment request with conditions; or

(2) Remand the application back to Planning Commission for further discussion,

in which case another public hearing will need to be scheduled, or (3) Deny this Planned Development amendment request.

Recommendation: Planning staff recommends approving the proposed amendment to PD 07-03 with conditions. On March 18, 2013, the Planning Commission recommended approval of this request by a unanimous vote of 6-0.


The subject property is the former Travis Elementary School. Campus buildings and related site improvements, including off-street parking areas as well as recreation and playground equipment, remain. In 2007, a Planned Development District was given to allow for an assisted group living center which was to eventually include a two story building. This facility has not been constructed nor has the center been developed. The amendment proposal, the first for this PD, is to use an existing recreational building located approximately 75 feet west of the intersection at A&M Avenue and Harvard Avenue for a gymnastics academy. This use is not consistent with the original PD. This or any PD District is a customized zoning classification. Use and development of land and buildings within each PD District is guided by a graphic concept plan fully integrated with (and formally a part of) specific zoning regulations tailor-made for each district. Changes to the PD require

review and approval from Planning Commission and City Council and are further explained in this report.

General Information

Existing Zoning: Planned Development (PD) Existing Land Use: Vacant former school. Surrounding Zoning/Land Use: North: RS-1 Single-family residences, campus

for church and private school West: RS-1 Single-family residences South: RS-1 Single-family residences and

open space including the Red Arroyo

East: RS-1 Single-family residences

Thoroughfares/Streets: South A&M and Oxford Avenues are defined as "minor collector streets” designed to connect arterial streets to local streets and access land.

Zoning History: PD 07-03 allows for an assisted group

living center, but to date, this property has not been used nor developed for this intended purpose.

Applicable Regulations: Section 210.G. Planned Development

Review “Any amendment to the terms and

conditions of an approved PD District ordinance shall be subject to review and reconsideration…”

Section 306. PD (Planned Development) District

“The purpose of the Planned Development

District include, but are not limited to the following

1. To allow diversification of uses, structures, and open spaces and to promote flexibility of design in a manner compatible with existing and allowed uses of land on adjacent properties.

2. To preserve the natural amenities and environmental assets of the land by encouraging the preservation and improvement of open space. 3. To provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services. 4. To promote the efficient use of land to facilitate a more economic arrangement of buildings, uses of land and utilities. 5. To promote the development of vacant property within the presently developed urban area.”

Development Standards: Residential development setbacks are

outlined in Section 501 of the Zoning Ordinance.

All required off-street parking and the

connection(s) to a public right-of-way are required to be paved as defined in Section 511.F.3 of the Zoning Ordinance.

Section 502. Nonresidential District Standards

A. Within any nonresidential district, allowed residential uses shall conform with the residential bulk regulations regarding maximum floor area ratio, required yards and height that are most closely associated with the proposed type of residential use.”

Vision Plan Map: Neighborhood Comp Plan Excerpts: Chapter 6 addresses land use: “medium-and high-density housing districts

can serve as a transition between single-family residential and commercial uses.” and;

Objective D: “Encourage in-fill development sensitive to the existing and desired context of the area.”

Objective E: “Encourage the re-use of

vacant buildings in the city. Carefully integrate new uses into older areas…” and to “Provide regulatory flexibility to allow for the use of vacant or underutilized buildings.”

Special Information

Traffic Concerns: This property has direct access to two major collector streets within the neighborhood; A&M Avenue and Oxford Avenue. The proposal to add a new use will most likely increase traffic; primarily during the hours of operation. As this property was once a school, the area experienced high volumes of traffic depending on the school’s hours of operation, and these roadways therefore designed to accommodate moderate flows of traffic at moderate speeds, but with limited access points.

Parking Requirements: 1 space per residential unit under the

existing PD. The new use would require 1 space per 400 square foot gross or 1 space for every 10 seats for patron use; whichever is greater.

Parking Provided: Paved off-street parking spaces are

currently provided. Density: Predominately vacant land and medium

density Single-Family Residences are prevalent in this area.



Analysis:

In order to approve this zone change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is

compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.







The staff recommendation is based upon the statements listed below.

A requirement of any PD is that the original plans approved as a condition of the PD be adhered to and any changes require a review. When a change is requested by an applicant, as it is here, then the PD must be reviewed per Section 210G of the Zoning Ordinance which, in short, instructs that the Planning Commission review the request. Since the change has been recommended by the Planning Commission, the City Council then makes the final decision on the matter. Staff has determined that an important distinction be made between the proposed use and examples of other uses in the “Retail Sales and Service Entertainment Oriented” use category. Other uses in this category include “restaurants, cafes, delicatessens, indoor continuous entertainment activities such as bowling alleys and ice rinks; dance halls; theaters, health clubs, gyms, membership clubs and lodges;

hotels, motels, campgrounds, recreational vehicle parks and other temporary lodging with an average length of stay of less than 30 days.” Staff would not support the placement of many of these uses on the subject property, and asserts that a gymnastics academy would most likely represent the least intensive of land use and nuisance to the area when compared to other businesses in this use category. Given the history of the property whereby the original PD conditions have not been met by neither the original nor the current owner, it seems only equitable to Planning staff that the current owner uses the property for a purpose that will be compatible with the surrounding area, the Zoning Ordinance, and the Comprehensive Plan. In a residential area where commercial uses are normally not allowed, it would seem that a commercial use would be undesirable. However, in this case, the commercial use serves to provide education and also contains entertainment elements if the use is restricted to the proposed use or a similar use. The Comprehensive Plan seeks to promote public arts and cultural opportunities for youth. Although the proposed use would not be publically funded, it could still provide for such art and cultural opportunities. It is quite possible, too, that area residents of the neighborhood would make use of the proposed gymnastics academy. Additionally, the Comprehensive Plan seeks to “create new physical connections to neighborhoods lined with transitional and intermediate uses.” The neighborhood contains a variety of uses; two such uses can be found in the church to the north of the subject property and the school operated by the church. Additionally, to the west of the property, the use of open space that lies between commercial uses along South College Hills Boulevard is yet another example of a transitional use. Adding the proposed use lends itself to the idea of connectivity as such activities provide opportunities to gather together socially and potentially create a feeling of both community and community investment through shared experiences. Along with this idea is the enhancement such a proposed use would bring to a walk-able community that is attainable through pedestrian activities and alternative transportation such as bicycles. No new building is being proposed at this time, so the surrounding area (which includes the Red Arroyo) will not be impacted by additional storm water runoff; landscaping in place will most likely remain as-is with routine maintenance. Therefore this amendment proposal should not subject the area to adverse impacts such as excessive noises or noxious odors, for example. This request is requiring an amendment to the Zoning Ordinance; however, a change to any PD would also require an amendment. The applicant and several residents of the neighborhood expressed to staff that the property was vandalized in the past when the property was not being used, so staff believes activity such as the proposed use will promote a “safer” neighborhood since the property is now lit and active in the evenings. Also, the proposed use remains compatible with the overall

conditions of the original PD. In the event that those conditions (the group living facility) are realized, then the proposed gym could still be used concurrently. In the event the gym discontinued its use, the overall PD will not be adversely impacted. Either way, the character of the neighborhood will not be compromised and so the balance of what is intended in the Vision Plan for the area remains intact.

The creation of any PD brings the most consistent and predictable development within the community, a fact that solidifies the purpose and intent of the Zoning Ordinance and Comprehensive Plan and goals for this area. For all of these reasons, staff finds this use consistent with all criteria mandated of the request and recommends approval of the proposed use within the boundary of PD 07-03.

Conditions:

Conditions of this amendment to the Planned Development are listed in Sections 5 – 7 of the attached draft ordinance included with this report Attachments: excerpt from zoning map, showing the general location

within the City of San Angelo; excerpt from zoning map, highlighting subject

property; aerial photo, highlighting subject property; excerpt from the Comprehensive Plan Vision Map

highlighting the subject property; notification map highlighting responses from

neighboring properties; citizen response letter; draft minutes from January 18, 2013 Planning

Commission Meeting; approved PD 07-03 ordinance from 2007; approved PD 07-03 site plan from 2007; and draft ordinance for current proposal.

Presentation: Roxanne Johnston, Planner Reviewed by: Jeff Hintz, Interim Senior Planner (03/09/13)

MINUTE RECORD OF THE CITY OF SAN ANGELO PLANNING COMMISSION MEETING HELD ON MONDAY, March 18, 2013 AT 9:00 AM IN THE SOUTH MEETING ROOM OF THE SAN ANGELO CONVENTION CENTER, 500 RIO CONCHO DRIVE, SAN ANGELO, TEXAS PRESENT: Joe Grimes, Bill Lawrence, Jennifer Boggs, Darlene Jones, Bill Wynne,

Ryan Smith ABSENT: Sebastian Guerrero (AE) STAFF: AJ Fawver, Interim Director of Development Services Lysia Bowling, City Attorney Al Torres, Building Official Jeff Hintz, Interim Senior Planner Kevin Boyd, Planner Roxanne Johnston, Planner

B. Z 13-09: Jack Gabriel (aka PD 07-03 2013 Amendment) A request for approval of an amendment to a Planned Development District

(PD07-03) to specifically add an allowance for the operation of a gymnastics academy, which is defined in Section 315.G.c.3 of the Zoning Ordinance as a “Retail Sales and Service that is Entertainment Oriented” on the following property:

2909 South A&M Avenue, located at the southwest corner of South Oxford

Drive and South A&M Avenue. This property specifically occupies approximately 7.938 acres out of the J Mc Neese Survey 0176 Abstract 1641 in southwest San Angelo.

Roxanne Johnston, Planner, came forward to present this request, consistent with the staff recommendation of approval 21 notifications were sent, with 1 returned in favor. Packets of a petition that was put together in support of the zoning were handed out to the Planning Commission, provided by users of the property. A copy of this packet is maintained as part of the minute record. Ms. Johnston showed some photos of the subject property and the surrounding area. There is a large neighborhood surrounding the property and the property itself is the site of a former elementary school. The property has been a PD district since 2007 allowing for group living, and the applicant seeks to amend this PD to include a gymnastics academy. The proposed use falls within the retail sales category, but the ordinance crafted for this site limits the usage to simply a gymnastics academy. It is a request consistent with the Comprehensive Plan and far less intensive than other types of uses within the retail sales use classification. The proposed use provides recreation, ties to the neighborhood, and there is no new building proposed at this time. Environmentally, the effects will be minimal. The character of the neighborhood should remain unaffected since the gymnastics academy is similar to the educational setting of a school.

Jennifer Boggs asked some questions about the environmental issues. Al Torres, Building Official, came forward to address these questions. There were no other questions for staff. Mr. Lawrence asked about the zoning that predated the PD zoning district. Mr. Lawrence talked about the potential responsibility of the school district to clear these lots when abandoning the uses so that the properties may be used and re-visioned. Landa Knight, owner of the Texas Tumbleweeds Academy, came forward to discuss the support of the community for their utilization of the property. There isn't a current plan of action for the other facilities of the site in addition to the gymnasium. They are leasing the property from a private property owner. Ms. Johnston clarified that the PD district applies to the entire tract of property. Joe Grimes asked about the parking, and Ms. Knight explained that there is regular pick-up and drop-off traffic, not permanent occupation of the parking lots. There was discussion as to the options of the proponents moving forward. Marla Butler Cummings came forward to speak in favor of this request. She has students attending the academy and does live in the area as well. She discussed the traffic concerns of the property and the neighborhood. Mr. Smith asked if there were matches held in the facility, and she replied that there are not. The space is fairly tight for all of the things which they are doing within it. No one came forward to speak in opposition to the request. Motion, to approve as presented, was made by Ryan Smith and seconded by Darlene Jones. The motion passed unanimously, 6-0.

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: a 7.938 acres at southwest corner of South Oxford Drive and A&M Avenue in southwestern San Angelo, amending the zoning classification from a Planned Development (PD) District (PD 07-03) previously approved for assisted group living to specifically add allowance for the operation of a gymnastics academy; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 13-09 AKA PD 07-03 (2013 Amendment): Jack Gabriel




SECTION 1: That the ordinance approved by the governing body for the City of San

Angelo on August 21, 2007, amending the basic zoning ordinance for the City of San Angelo, which said amending ordinance is referenced as PD 07-03 and which contains a 7.938 acre tract out of W. Nevels Survey 2 (Abstract No. 1755) and out of J. McNeese Survey 1761/2 (Abstract No.1641) in San Angelo, Tom Green County, Texas shall be the same and is hereby amended to include all conditions specified in Section 5 below.


SECTION 2: That in all other respects, the use of the hereinabove described

property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended.





PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense. SECTION 5: Except as otherwise specified or limited below, the use and

improvement of the subject property shall be governed by standards, requirements and limitations of development in Single-Family Residence (RS-1) Districts:

A: The property shall not allow any retail sales except to students and attendees of

gymnastics showcases and or events. Invitation for the sole purpose of retail sales shall be prohibited. Said sales shall be limited to gymnastics activities and general concessions.

B: Office space shall be allowed for the gymnastics academy and assisted group

living uses only. Other types of offices not related to the allowed uses through this amendment and PD 07-03 shall not be permitted.

C: Gymnasium shall only be used for gymnastics activities, showcases and training

limited to those enrolled in lessons or the academy. Other types of athletic clubs, events, or sports unrelated to the operation of a gymnastics academy or assisted group living facility shall not be permitted.

D: Appeals of what constitutes a gymnastics activities shall be directed to the Zoning

Board of Adjustment if not addressed within this amendment to PD 07-03. SECTION 6: The parking requirements for this gymnastics academy shall be as

follows, and as is ordinarily required in the zoning ordinance for the City of San Angelo: A: 1 space per 400 square foot gross or 1 space for every 10 seats for patron use;

whichever is greater for the gymnastics academy. Such off-street parking areas (including vehicle maneuvering space and driveways) shall furthermore be designed, improved and maintained as generally required by off-street parking standards of San Angelo’s Zoning Ordinance.

B: Before any activities allowed within this Planned Development District may

commence, a Certificate of Occupancy from the Building Official shall be obtained and all parking spaces required for those uses shall be provided and maintained as Section 511 of the Zoning Ordinance requires.

SECTION 7: Outdoor storage of any materials or equipment or any kind shall not be

permitted at any location within the bounds of this Planned Development District.



____________________________________

Alvin New, Mayor

ATTEST:

________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, AICP Interim Director Lysia H. Bowling, City Attorney of Development Services

City of San

Angelo

Memo




Subject: Z 13-10 Mills Development INC A request for approval of a zone change from Ranch & Estate (R&E) to Single-Family Residential (RS-1) to specifically allow for household living as defined in Section 313.B of the Zoning Ordinance on the following property:

Location: An unaddressed tract occupying 8.895 acres of the Deaf & Dumb Asylum Survey Number Two, Abstract 8211. This property was annexed into the City Limits on March 5, 2013 and is directly west from Mills Pass Drive along a proposed extension of Autumwood Trail. This property specifically occupies a proposed subdivision titled, Prestonwood Addition, Section Two, Block 6, Lots 1-18 and Prestonwood Addition, Section Two, Block 7, Lots 1-16 in southwest San Angelo.

Purpose: Approval of this request would zone the property Single-

Family Residential.

Contacts: Rocky Templin, Developer 325-944-1174 Jeff Hintz, Planner 325-657-4210


Z 13-10: Mills Development INC AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE

CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN

ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed tract occupying 8.895 acres of the Deaf & Dumb Asylum Survey Number Two, Abstract 8211. This property was annexed into the City Limits on March 5, 2013 and is directly west from Mills Pass Drive along a proposed extension of Autumwood Trail. This property specifically occupies a proposed subdivision titled, Prestonwood Addition, Section Two, Block 6, Lots 1-18 and Prestonwood Addition, Section Two, Block 7, Lots 1-16 in southwest San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


(1) Approve the proposed zone change;


(3) Deny the proposed zone change

Recommendation: Planning staff recommends approving the proposed zone change. On March 18, 2013 the Planning Commission recommended approval of this request by a 6-0 vote.


This property was annexed into the city limits on March 5, 2013 after two public hearings for comment for/or against annexation and introduction and approval of an ordinance and a service plan for the area.

General Information

Existing Zoning: Ranch & Estate (R&E) Existing Land Use: Vacant, undeveloped property Surrounding Zoning/Land Use:

North: CG Multi-family dwelling units West: Un-zoned Undeveloped, property in county South: RS-1 single-family residences, vacant property East: RS-1 School & single-family residences

Thoroughfares/Streets: Mills Pass Drive and the proposed extension

of Autumwood Trail are defined as "Local Streets" and are designed to carry light neighborhood traffic at lower speeds and generally connect to collector streets.

Zoning History: Newly annexed property is zoned Ranch &

Estate by default as called for in Section 303.A of the Zoning Ordinance. This property has no previous zoning history.

Applicable Regulations: Allowed uses for this property can be

found in Section 310 (Use Table) of the Zoning Ordinance

Development Standards: Section 501 of the Zoning Ordinance

covers general development standards for the property.

Minimum Lot Area – 5,000 sq ft Minimum Lot Dimensions – 50x100 Minimum Front Yard – 25 ft Minimum Side Yard – 5 ft Minimum Rear Yard – 20 ft Maximum Floor Area Ratio – 0.4 (40%) Maximum Height – 35 ft Vision Plan Map: Neighborhood Comp Plan Excerpts: “Create new physical connections to

neighborhoods lined with transitional and intermediate uses."

"Promote neighborhood diversity and security by encouraging a mix of age, income, and housing choices within San Angelo's neighborhoods.” “All residents within each neighborhood boundary should be able to meet their daily needs within a reasonable and accessible distance from their home.”

"Variety of residential product types -multi-family, townhomes, courtyard homes, patio homes, etc." "Coordinate with San Angelo Independent School District (SAISD) to improve walkability and connections between neighborhoods and nearby schools."

Special Information

Traffic Concerns: Changing the zoning from a very low density residential zone requiring one acre lots to a zoning classification that allows for lots that are 5,000 square feet will certainly increase density and traffic impacts on the area. However, the access to collector and arterial streets will adequately handle this increased density.

Parking Requirements: Section 511 of the Zoning Ordinance

covers parking improvement standards and amounts. One and two family dwellings require 2 off-street parking spaces per dwelling unit.

Parking Provided: The property is undeveloped at this time,

parking spaces will be required to be provided as housing units are constructed.

Density: This general area is of low density

residential and vast acreages of undeveloped property.



Analysis:

In order to approve this zone change request, the City Council members are first required to consider the following criteria:

1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.







The staff recommendation is based upon the statements listed below. Staff finds this request for zone change to be consistent with the plans and policies adopted by the city and finds that this request will be consistent with the zoning ordinance as well. The goal of the Comprehensive Plan is to grown the community in a sustainable way providing opportunities for growth both now and in the future; this area is buffered from the highly trafficked Sherwood Way (US Highway 67) and offers potential residents quick access to the core of the city or access to the loop. Low density, Single-Family detached neighborhood development shouldn't necessarily occur right along a major thoroughfare, but quick access to them is certainly ideal. staff finds this isolated area is safe and practical for this type of development and will be consistent with the Comprehensive Plan for this area of the community. In addition, this zone change request is consistent with zoning in the nearby area and will also aid in the steady predictable patterns of growth present already within this portion of the community; the Zoning Ordinance is in place to ensure consistent predictable growth across all segments of the community, both now and in the future.

Staff has found this request to be compatible with the surrounding area. This area is one that is certainly growing; the current trend and envisioned growth of this area is as "neighborhood." The proposed subdivision establishing single-family home sites is consistent with the anticipated growth of the area and development patterns the area currently sees. A nearby school will provide a walkable opportunity for families with children who locate in the area. Walkable, safe, pedestrian oriented neighborhoods is a goal of the city Comprehensive Plan and this request for RS-1 zoning is certainly along those lines. RS-1 lots are substantially smaller in size than the 1 or more acre lots that are required with R&E zoning; as a result, the smaller lot sizes will allow for greater density in the area and as a result, a much higher potential for walkability. This request is consistent with the Vision Plan map of the area and as such, no amendments to the Comprehensive Plan will be necessary for this request to be approved. In addition, staff does anticipate some effect on the natural environment will occur when development takes place. Given the undeveloped natural status of the site now, any future development will have some impact on the environment. R&E zoning has the least amount of impact on a property, however RS-1 is also a very low impact type of zoning when compared to other more dense residential zoning categories and commercial designations. This isolated location from the highway will provide a quiet area for the future development of home sites, staff does not anticipate any adverse impacts from this zone change and subsequent proposed development. The community has been growing slowly, but in a steady fashion for the past decade. With recent technological advancements in the extraction of natural resources in the area, there is certainly a demand in the community for more housing opportunities to house individuals and families working in this field. One component of this demand for housing options is single-family residences, however it should also be noted townhomes, duplexes, patio homes, and apartments are also choices that are viable within a neighborhood envisioned area of the Vision Plan and also have the ability to fill this demand. Given the current development patterns of this area, staff find that RS-1 zoning is appropriate here and will help to fill a community need while ensuring the development patterns remain consistent. This area has access to thoroughfares capable of carrying future residents to and from home; the area is also located within a few miles of numerous retailing opportunities that will help future residents meet their daily needs within a reasonable distance from home. This close proximity to commercial uses may also provide these retailers and businesses a steady potential employment base as well as customer base as the area continues to grow. Staff had found this request to be consistent with all seven criteria mandated of the request and therefore recommends approval of this zoning change for all the reasons mentioned within the report.

Proposed Conditions

N/A

Attachments: excerpt from zoning map, showing the general location within the City of San Angelo;

excerpt from zoning map, highlighting subject

property; aerial photo, highlighting subject property; excerpt from the Comprehensive Plan Vision Map

highlighting the subject property; draft minutes from Planning Commission; citizen responses; and draft ordinance.

Presentation: AJ Fawver, Interim Director of Development Services

C. Z 13-10: Mills Development Inc A request for approval of a zone change from Ranch & Estate (R&E) to Single-

Family Residential (RS-1) to specifically allow for household living as defined in Section 313.B of the Zoning Ordinance on the following property:

An unaddressed tract occupying 8.895 acres of the Deaf & Dumb Asylum Survey

Number Two, Abstract 8211. This property was annexed into the City Limits on March 5, 2013 and is directly west from Mills Pass Drive along a proposed extension of Autumwood Trail. This property specifically occupies a proposed subdivision titled, Prestonwood Addition, Section Two, Block 6, Lots 1-18 and Prestonwood Addition, Section Two, Block 7, Lots 1-16 in southwest San Angelo.

Jeff Hintz, Planner, came forward to present this case, consistent with the staff recommendation of approval. Ten notifications were sent out, with 1 returned in favor and 1 returned in opposition. Mr. Hintz gave some background to the area, noting the activity in the area since the 2009 aerials were taken. The Vision Plan map calls for a "Neighborhood" designation for this location. The property is currently undeveloped and bordered with a large residential neighborhood, which this is intended to be an extension of. The intensity of RS-1 is low and compatible with the immediate area. Placing housing in a walkable area close to a school and commercial activities is consistent with the Comprehensive Plan. No one came forward to speak on this item. Motion, to approve as presented, was made by Ryan Smith and seconded by Bill Wynne. The motion passed unanimously, 6-0.

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed tract occupying 8.895 acres of the Deaf & Dumb Asylum Survey Number Two, Abstract 8211. This property was annexed into the City Limits on March 5, 2013 and is directly west from Mills Pass Drive along a proposed extension of Autumwood Trail. This property specifically occupies a proposed subdivision titled, Prestonwood Addition, Section Two, Block 6, Lots 1-18 and Prestonwood Addition, Section Two, Block 7, Lots 1-16 in southwest San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 13-10: Mills Development INC





by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: An unaddressed tract occupying 8.895 acres of the Deaf & Dumb Asylum Survey Number Two, Abstract 8211. This property was annexed into the City Limits on March 5, 2013 and is directly west from Mills Pass Drive along a proposed extension of Autumwood Trail. This property specifically occupies a proposed subdivision titled, Prestonwood Addition, Section Two, Block 6, Lots 1-18 and Prestonwood Addition, Section Two, Block 7, Lots 1-16 in southwest San Angelo shall henceforth be permanently zoned as follows: Single-Family Residential (RS-1) District.


SECTION 2: That in all other respects, the use of the hereinabove described property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended.





PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense.



____________________________________

Alvin New, Mayor

ATTEST:

________________________________ Alicia Ramirez, City Clerk

Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Interim Director of Lysia H. Bowling, City Attorney Development Services

City of San Angelo

Memo


To: Mayor and Council members

From: Jeff Hintz, Interim Senior Planner Subject: consider petition for possible annexation (to San Angelo’s City

limits) of certain properties situated southwest of San Angelo

Location: area encompassing a 24.484 acre tract extending northwest from Mills Pass Drive, and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the proposed Prestonwood Addition, Section Two in the southwest part of the city, as shown in attached exhibit

Contacts: AJ Fawver, AICP Interim Director of Development Services 657-4210

Caption: Discussion and consideration of petition seeking annexation (to San Angelo’s City limits) of certain properties situated immediately west/southwest of San Angelo and encompassing a vacant 24.484 acre tract extending northwest from Mills Pass Drive, and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the proposed Prestonwood Addition, Section Two.

Summary: The City staff recommends that, if the City Council chooses to accept the petition for annexing all 24.484 acres highlighted on the attached map, that the City Council also adopt the attached draft timetable for completing such annexation. City staff was presented with a petition for annexation of the property described above and specifically shown in the attached exhibits. A copy of the petition is also included within the exhibits. The property in question is entirely vacant and situated adjacent to a growing

residential subdivision, known as the Prestonwood Addition, located south/southeast of Sam's Club and west of Bonham Elementary School. This subdivision, nearing the completion of its development, was annexed to the city in 2008 and incorporates both traditional single-family residences and zero lot line homes. On March 5, 2013 a 8.995 acre tract comprising what is known as the Prestonwood Addition Section Two, was annexed into the City Limits. This proposed Prestonwood Addition, Section Two subdivision plat of this 8.995 acres was approved subject to conditions by the Planning Commission on March 18, 2013 and a zone change requesting Single-Family Residential Zoning was also approved on March 18, 2013 by the Planning Commission. By accepting the petition and adopting a calendar of annexation proceedings as prescribed under Chapter 43 of the Texas Local Government Code, City Council will initiate a process that may be completed as early as June 18, 2013.

The subject area of proposed annexation is uninhabited and free of any structures. The Local Government Code authorizes cities to annex sparsely occupied areas on petition of the area's landowner(s). This section (43.028) only applies to the annexation of areas that meet the following criteria:

(1) is one-half mile or less in width; (2) is within the ETJ (Extra-Territorial Jurisdiction) of the city; (3) is vacant and without residents, or on which fewer than three qualified voters reside; (4) is contiguous to the annexing city.

Analysis of Proposed Annexation:

It is essential that the foundation statement of the 2009 Comprehensive Plan be considered in context of considering annexations, specifically that:

"Rapid land use expansion and recent annexations have affected the identity of the City and established a new development pattern that is fiscally unsustainable."

This Plan provides guidance for annexation, many of which are relevant to this scenario. First, the plan establishes a goal stating that the City should "annex areas before extensive development of home sites and business properties occurs, guiding any such development within a framework of municipal regulations on zoning, subdivision, signs, fire prevention and building construction." This excerpt is relevant in this situation, because the area is vacant, and thus, no such development is in place. However, this argument alone is not compelling enough on its own - as vacant property is currently in place outside the city limits all around San Angelo - and should not necessarily be annexed. However, the Subdivision Ordinance requires that development that seeks to utilize San Angelo's water service petition for annexation before such service can be extended. It appears in this case that such a purposeful and specifically-situated tract - in the context that the neighboring property under the same ownership which is developing currently - was created specifically to pursue annexation in order to develop. As such, the second goal outlined in this Plan advises to "balance short-term costs of making measured capital improvements in possible annexation areas with the long-term costs of not annexing these

same areas." More specifically, "recognize that determining best areas for annexation involves anticipating realistic potential for development around the urban fringe, annexing the most promising such areas...". The Comprehensive Plan goes on to state that it is important to "identify specific areas where...annexation may be useful for incorporating expected new development...within City limits, especially where an infrastructure of water utilities already exists." In this area, a network of water and sewer mains, available for extension, are in existence. These were extended and tied into during the process of developing The Boulevard subdivision.

Financial Impact: not applicable, yet Recommendation: City staff recommends that City Council accept the proposed schedule of hearings as outlined below. Even before those public hearings may begin, the governing body must decide whether to “accept” or “reject” a petition for annexation. Accepting such petition does not commit the governing body to approving any or all of the requested annexation. Accepting such petition simply initiates a series of proceedings which may eventually lead to annexation. These hearings allow the opportunity for input from the public, interested parties, and the petitioner - for consideration by the City Council. annexation calendar (no special meetings needed) first public hearing May 7, 2013 second public hearing May 21, 2013 introduce annexation June 4, 2013 ordinance, on first reading second and final reading June 18, 2013 of annexation ordinance Attachments: legal description as provided by the applicant, of the proposed

area survey map as provided by the applicant petition as submitted to City staff Presentation: AJ Fawver, Interim Director of Development Services Publication: No legal notice required at this time. However, if City Council

agrees to accept this petition, legal notice of required public hearings will need to be published (in the newspaper) and posted on the City’s web site.

City of San Angelo

Memo Date:


From: Robert Schneeman, Interim Director of Economic Development

Subject: Agenda Item for April 2, 2013 meeting

Contact: Robert Schneeman, 657-4210

Caption: REGULAR Item (select one)

Consideration of a resolution ratifying the filing of an application by the City of San Angelo Development Corporation with the Texas State Energy Conservation Office for the installation of solar panels and an electric vehicle charging station at the Spur Arena promoting and demonstrating renewable energy technology and as a supplemental electrical source

Summary: COSADC has approved an application for a State Energy Conservation Office Grant in the amount of $250,000 with matching funds of $62,325.97 to install an array of solar panels on the roof of the Spur Arena at the Rodeo Grounds. The array will provide supplemental electrical power to the building thereby reducing the cost of electricity to the building and any surplus power generated will be fed back into the power grid for credit. The intent of the project is provide a learning environment regarding alternative energy systems and to help promote their use.

History: The following is an excerpt from the SECO website:

Purpose of Grants: To partner with local governments, school districts, state agencies and public institutions of higher education to demonstrate renewable energy technologies by installing small scale systems.

Budget Allocation (Amount Available to Award):$2,000,000 in competitive grants for the State Fiscal, September 1, 2012, through August 31, 2013. Individual awards, if any, are not-to-exceed $250,000 in amount.

Eligible Entities/Who Qualifies: Texas cities, counties, independent school districts, state agencies and public institutions of higher education.

Deadline Information: Please note that all grant applications are due to the Comptroller's office by 2 pm CT on March 15, 2013.

Eligibility Requirements

1. Applicant must be a Texas city, county, independent school district (ISD), state agency or public institutions of higher education.

2. Applicants must also provide matching funds totaling at least 20% of the project costs. The following types of matching funds are acceptable:

a. Cash; b. Equipment; c. Materials;

d. Supplies; and e. Personnel costs directly attributable to the program (per the

application instructions). 3. Grants may cover up to 80% of the incremental costs related to the purchase

and installation of a renewable energy technology 4. Maximum award per applicant - $250,000. 5. Competitive grants, reimbursement basis. 6. Address the possible historic qualifications of the building selected for the

installation. 7. Projects are limited to:

o Solar Electricity/Photovoltaics - appropriately-sized units on existing rooftops and parking shade structures; or 60 KW systems or smaller installed on the ground within the boundaries of an existing facility.

o Wind Turbine - 20 KW or smaller. o Solar Thermal - system must be 20 KW or smaller. o Solar Thermal Hot Water - such as appropriately sized for small

buildings.

Evaluation Criteria:

If a grant is awarded under the terms of this RFA, Comptroller and SECO anticipate that the selection of grant recipients will be based in part on the criteria set forth in the attached score sheet and the following considerations:

1. Education and outreach value of the project for students, staff and/or the general public

2. Ready to go projects given priority 3. Location of proposed system 4. Size, type and cost per kilowatt hour of technology proposed 5. Entities ability to display energy production information via the internet, kiosk or

signage.

After examining a number of options the Consultant, Meridian Solar recommended roof mounted units on the roof of the Spur Arena at the Rodeo Grounds. The grant application has been submitted accordingly in order to meet the March 15, 2013 deadline. The total matching funds requirement is as follows:

Equipment - $237,149.63

Labor - $56,209.56

SUP - $18,966.78

Total - $312,325.97

Grant Amount - $250,000

Matching Funds - $62,325.97

COSADC originally heard this item at their February 27, 2013 meeting and approved pursuing a grant for a system to be installed on the BRG building at 69 North Chadbourne. Staff worked with the consultant Meridian Solar who determined the BRC was not a suitable installation to maximize the grant potential. After reviewing a number of buildings the Spur Arena was chosen as the most likely to receive a grant. This left only several days before the deadline of March 15, 2013 to submit the application. Staff submitted the application after consulting with the Legal Department to verify that the application can in fact be pulled at any time in the review process and presented the item to COSADC at its meeting of March 20, 2013, at which time the COSADC Board approved the submittal on condition that the contractor provide staff detailed return on investment

calculations as soon as they are available and on the condition that the City may pull the application at any time without penalty. Funds will not be obligated until notification of approval of the grant by SECO and acceptance of the grant by the City.

Financial Impact: $62,325.97 half cent sales tax funds

Related Vision Item

(if applicable):

N/A


Staff recommends approval

Attachments: Resolution and Grant Application

Presentation: Robert Schneeman, Interim Director of Economic Development

Publication: N/A


Robert A. Schneeman, Economic Development, 03-22-13

Approved by Legal: Yes

SECO Innovative Energy Demonstration Grant Program

Page 1

1. GENERAL INFORMATION 1A. Applicant Name of Eligible Public Entity Federal Tax ID Application Date City of San Angelo Development Corporation March 13, 2013 Mailing Address City State Zip Code 69 North Chadbourne Street San Angelo TX 76903 County Name Total Amount Requested

Tom Green $250,000 1B. Applicant Project Manager and Primary Contact/ First Name Initial Last Name Title Robert Schneeman Interim Executive Director Telephone Extension Fax Email Address 325 657 4210 325 657 4227 [email protected] Experience 1C. Applicant Secondary Contact First Name Initial Last Name Title Nora Regino Senior Administrative Assistant Telephone Extension Fax Email Address 325 657 4210 325 657 4227 [email protected] 1D. Chief Executive Officer First Name Initial Last Name Title Robert Schneeman Interim Executive Director Telephone Extension Fax Email Address 325 657 4210 325 657 4227 [email protected] 1E. Administrative Contact for Accounting First Name Initial Last Name Title Morgan Trainer Budget Manager Mailing Address City State Zip Code 72 W. College Ave San Angelo TX 76903 Telephone Extension Fax Email Address 325 653-6291 325 658 3608 [email protected] 1F. Signature and Certification by Applicant Chief Executive Officer I certify that I am the Chief Executive Officer and that I have reviewed this application and that I will agree to abide by the terms of the contract. Signature Printed Name and Title

Interim Executive Director Date

Telephone Extension Fax Email Address 325 657-4210 325 657-4227 [email protected]


Page 2

2. PROJECT PLAN Applicants are required to complete this form. Additional attachments are acceptable, but all attachments must be on 8.5 x 11 paper. PROJECT DESCRIPTION 2A. Provide a project overview* including: a) type of technology, kW capacity and the selection process used; b) describe the resource and site selection for the technology installation; c) previous energy conservation measures included or completed; and d) existing renewable energy system(s). *all must be addressed specifically in this section.

A) The City of San Angelo Development Corporation has partnered with Meridian Solar, Inc. to develop a crystalline silicon photovoltaic system with a capacity of 97.5 kW mounted on the roof of the San Angelo Spur Arena located at 200 W 43rd Street, San Angelo, TX, 76903. Photovoltaic technology is specified due to its reliable performance, low maintenance, and 25+ year expected productive lifetime. Additionally, photovoltaic generation is particularly attractive in San Angelo due its inherent lack of water consumption and production profile in close correlation with peak electrical demand in our State.

The project also includes an electric vehicle charging station, located on the North side of the facility adjacent to the public parking area, to raise additional awareness of the synergies between increased penetration of renewable energy generation and low emission electric vehicle transportation. Major components of this system include (390) REC Solar 250W modules mounted directly to the commercial metal roof, (1) PV Powered 50kW DC to AC inverter and (1) EV charging station.

The system is designed to generate 135,620 kilowatt hours (kWh) per year, representing an annual energy savings of over $15,327.03. The cost per kilowatt hour will be $0.06. These figures have been calculated using Solar-Estimate.org. In order to maximize visibility and leverage the inherent educational opportunities associated with the production of solar electricity, this project includes a high end data monitoring system. A flat screen television monitor will be placed in a high traffic area of the facility and will display real-time data to staff, students, exhibitors, and visitors. Data will include information about the system’s energy production as well as the positive environmental impacts created by the production of clean, sustainable electricity.

Several practical and technical benefits of this display include:

Public Relations – Visible commitment to safeguarding the environment demonstrated by our use of clean power. Education – Offers an opportunity to educate our employees as well as the public at large about both the financial

and environmental value of solar through custom video and real time data presentation. Conservation - Studies indicate that increasing consumer awareness of electricity use influences behavior,

encouraging energy efficiency and can reduce individual usage by as much as 5-10%. Energy Management – Will be referenced and utilized by facility operations to more effectively manage energy

production and use. Documentation - Ensures that our system is fully functioning and demonstrates that we are attaining the expected

production and value from the system.

Additionally, there are a number of aspects to this project that add interest and significance to the overall proposal.

1. System package value: The dollar-per-watt price proposal for this project is $3.20. The average price for an installation in the U.S. ranges from $5.50 to $6 per watt for a standard grid-tied photovoltaic system. This proposed system includes an elaborate data monitoring system, a significant and valuable benefit to the community.

2. Job creation: Our chosen contractor, Meridian Solar, has reported that this project would create from 2 to 3 additional jobs on their installation crew.

B) In order to maximize visibility and leverage the inherent educational opportunities associated with the production of solar electricity, this project includes a high end data monitoring system. A flat screen television monitor will be placed in a high traffic area of the facility and will display real-time data to staff, students, exhibitors, and visitors. Data will include information about the system’s energy production as well as the positive environmental impacts created by the production of clean, sustainable electricity.


Page 3

PROJECT DESCRIPTION Several practical and technical benefits of this display include:

Public Relations - Visible commitment to safeguarding the environment demonstrated by our use of clean power. Education – Offers an opportunity to educate our employees as well as the public at large about both the financial and

environmental value of solar through custom video and real time data presentation. Conservation - Studies indicate that increasing consumer awareness of electricity use influences behavior, encouraging

energy efficiency and can reduce individual usage by as much as 5-10%. Energy Management – Will be referenced and utilized by facility operations to more effectively manage energy

production and use. Documentation - Ensures that our system is fully functioning and demonstrates that we are attaining the expected

production and value from the system.

Additionally, there are a number of aspects to this project that add interest and significance to the overall proposal.

System package value: The dollar-per-watt price proposal for this project is $3.20/watt. The average price for an installation in the U.S. ranges from $5.50 to $6 per watt for a standard grid-tied photovoltaic system. This proposed system includes an elaborate data monitoring system, a significant and valuable benefit to the Kerrville community.

Job creation: Our chosen contractor, Meridian Solar, has reported that this project would create from 2 to 3 additional jobs on their installation crew.

I. General Project Scope 1. Meridian Solar will design, engineer, permit, install, interconnect, and commission a 97.5 kW (DC array power at STC)

grid-tied, solar electric system. This scope will include, but not be limited to the following: a. Furnish and install all PV system components, including modules, inverter(s), DC combiners, and racking b. Furnish and install all electrical components required for a code-compliant interconnection including DC

disconnects(s), AC disconnect(s), aggregation panel(s), wire, and conduit c. Furnish and install data monitoring and public display hardware, and configure monitoring system settings d. Perform trenching and pavement repair as required to install any underground electrical runs e. Arrange and complete inspection of the PV system with the local AHJ (Authority Having Jurisdiction). f. This preliminary design is based upon our initial evaluation and is subject to modification to further enhance or

optimize the system, as recommended by our professional engineers during the comprehensive design and engineering process.

II. Site-specific technical notes 1. Inverter(s) will be located adjacent to building in an area with sufficient clearances as defined in the NEC. 2. Meridian will provide a data monitoring system that will upload AC power and energy data to a third-party server for

viewing over the internet and at the on-site public display screen. 3. PV modules located on standing seams roofs will be attached using non-penetrating clamps. PV modules located on

roofs having exposed-fastener type metal decks will require roof penetrations at the attachment points. Except for those integrated with Meridian’s roof attachment system, no additional roof protection products are included.

4. Customer will assist in providing Meridian with documentation indicating the manufacturer, model, and gauge of roofing material in order to assist in the structural attachment design.

5. The conduit riser between the PV array and inverter(s) will run down the exterior wall of the building.

III. Pricing Assumptions

1. Access to the parking lot, roof, electrical equipment, and any other areas necessary for the PV installation must be unencumbered. Overcoming site access restrictions may involve additional costs.

2. Customer shall provide or assist Meridian in locating available building plans and geotechnical reports. 3. Customer’s IT department is responsible for configuring network settings in order for the data acquisition server to

communicate with the remote data storage and web hosting server. 4. A network cable and 120V power shall be provided by the customer at the monitoring server location. 5. The location selected by the customer for the public display screen shall have 120V power and a wired internet

connection. The cost of wiring power and internet cables to the public display location is not included. 6. Existing electrical service must be fully compliant with the National Electrical Code and all local AHJ requirements.

Customer will be responsible for correcting any existing violations. 7. Existing electrical service equipment must be of sufficient ampacity and have appropriate physical clearances, as defined

by both the NEC and local AHJ to interconnect the proposed system. 8. Roof must have the structural capacity to support the additional load of the PV system and, in Meridian’s assessment, an

adequate remaining lifespan.


Page 4

PROJECT DESCRIPTION 9. Where drilling and other excavations are required, soils will be free of rock, rubble, underground utilities, and

groundwater. If any such subsurface conditions are present, the Customer will be responsible for the added costs.

IV. Exclusions

1. No physical protection in the form of fencing, bollards, barriers, or other structures for any of the equipment is included in proposed pricing.

2. Internet service is required for the operation of the data monitoring system. Meridian’s proposal does not include internet service, nor does it include the configuration of network and firewall settings.

3. Meridian is not responsible for review or inspection fees from roofing manufacturers, installers, or warrantors.

C) Previous energy conservation measures limited to insulation, windows, doors etc., required by the International Building Code and other applicable requirements in effect at the time of construction.


Page 5

PROJECT DESCRIPTION 2B. Provide a description of the internal financial controls that will be used to ensure that SECO funds will only be used to pay qualified expenses. A separate account will be set up from which to disburse grant funds. A staff accountant and internal auditor will be assigned to monitor expenditures from the account.

2C. Will this project provide education, public outreach and/or training on renewable energy? If so, please provide planned education, outreach and/or training details. Include any partners or collaborating training institutions, etc.

The City of San Angelo Development Corporation is excited have the opportunity to install a solar electric system on The Spur Arena, not only to reduce our energy costs but to simultaneously fully utilize an opportunity in outreach and education in hopes of increasing the environmental consciousness of the surrounding community and providing a source of education to interested staff, visitors, exhibitors, event participants, and the general public. The Spur Arena hosts a wide variety of activities including rodeos, agricultural events, stock shows, rodeo events, and more, creating a tremendous opportunity for visibility and outreach. We will accomplish education and outreach in multiple ways:

By joining Meridian Solar in their Partners in Shine Program, we will work together to produce an educational video describing the specific benefits of solar to our facility and community at large.

This content will be available online at www.MeridianSolar.com, and will accessible to local schools, community organizations and the general public. It will also be displayed on the monitoring system in a centrally located public area.

Graphic signage illustrating how solar works and the benefits of utilizing clean energy will also be displayed in centrally located public area for visitors to view.

Paper flyers chronicling specific impacts of the system will also be available as handouts located centrally in a public area.


Page 6

PROJECT DESCRIPTION 2D. Provide an accurate date that the project will be completed. The grant funds must be completely expended on or before August 31, 2013, the end of the fiscal year. Do the matching funds require any additional approvals in order to be fully authorized? If so, please explain, including the estimated date (month and year) of any necessary approvals. Project Installation Schedule The City of San Angelo Development Corporation Spur Arena project will be completed within 2 - 3 months of grant award. Meridian has extensive experience with timely execution of projects of similar size and scope, including more than 1 MW of successful, timely installation of SECO funded projects. Please see Construction Schedule below.


Page 7

3. PROJECT PLAN FUNDING

PROJECT PLAN FUNDING 3A. Please complete the following: If awarded, list the type of equipment that will be purchased with grant funding. Include the technology to be purchased, estimated cost per watt and installation cost. A breakdown of each cost is required (the calculations documents should be included with the application). (A) Technology (B) kW

capacity and cost per watt

(C) Installation Costs

(D) Total Cost

(E) Amount Requested

Photovoltaics Carport EV Charging Station

97.5kW $3.203

$56,209.56 $312,325.97 $249,860.78

$ $ $

City of San Angelo Permit Fees Paid by Development Corporation

$ $1,000 $0

Total project amount to be purchased using grant funds

$$249,860.78

Calculation Documentation: Row Labels Sum of Total

EQP 237,149.63$

LBR 56,209.56$

SUP 18,966.78$

Grand Total 312,325.97$


Page 8

4. PROJECT PLAN MATCH FUNDING LIST/CERTIFICATION PROJECT PLAN MATCH FUNDS (Cash, Equipment , Materials/Supplies and personnel

4A. Cash (MATCH)

A. Source and Contact Information B. Amount

Half Cent Sales Tax administered by Development Corporation $62,465.19 $

Total Matching Cash $62,465.19

4B. Equipment (MATCH)

A. Source and Contact Info. B. Description C. Source of Valuation D. Value

N/A $ $

Total Value of Matching Equipment $ N/A

4C. Materials/Supplies (MATCH)


N/A $ $

Total Value of Matching Materials/Supplies $ N/A

4D. Personnel (MATCH) (Reasonable Costs Directly Attributable To The Program)


N/A $ $

Total Value of Personnel $ N/A

4E. Total Matching Funds (Matching Funds Are Restrictive To The Above Categories): Item 4A. Cash $62465.19 Item 4B. Equipment $ - Item 4C. Materials/Supplies $ - Item 4D. Personnel (Costs Directly Attributable To The Program) $ -

Total Matching Funds $62465.19

Signature and Certification by Applicant Chief Financial Officer I certify that I am the Chief Financial Officer and that I have reviewed this application, including commitment of matching funds. The information provided is accurate to the best of my knowledge and in my best professional judgment. Signature Printed Name and Title

Michael Dane, Treasurer Date


Page 9

1. ATTACHMENT B – EVALUATION FORM Evaluation: Applicant must fulfill minimum requirements under Section 5.1 to be eligible for funding. Applicant should also score 5.2 and 5.9 to determine funding eligibility.

Total Possible Points

Applicant’s Assigned Score

Score Assigned by

SECO

5.1 Check the correct box for the following questions to determine eligibility

Is the applicant a publically funded entity?

Yes No (application is not eligible)

If applicant requires additional approvals for the program included in the application, will all approvals be in place within 30 days of the date of the award notification from SECO?


Does the budget include indirect or administrative costs?

Yes (application is not eligible) No

Does the budget include eligible matching funds equal to a minimum of 20% of total project cost?


In order to protect our historic sites, a Texas Historical Commission consultation is required on all renewable energy projects.

Yes, a request for consultation has been made to the Texas Historical Commission

No, but if awarded the consultation request will be provided to SECO before contract execution*

Texas Historical Commission, request for State Historical Preservation Office consultation - http://www.thc.state.tx.us/crm/crmsend.shtml

http://www.thc.state.tx.us/crm/crmsend.shtml


Page 10

Description



Score Assigned by

SECO 5.2 County Population*

Less than 10,000, score 10

10,001 to 30,000, score 5

30,001 or greater, score 0

*U.S. Census Bureau Population estimates for Texas Counties (July 1, 2008): http://quickfacts.census.gov/qfd/states/48000lk.html

10

0

5.3 How soon after award of grant funds will the project be completed?*

2-3 months, score 20 points

4-5 months, score 10 points

*Project completion date will be a specific deliverable in the resulting contact, if any is awarded. The project funds must be expended on or before August 31, the end of the 2013 Fiscal Year. Failure to meet deliverables may result in termination of the contract.

20

20

5.4 The reasonableness (fairly priced) of the total cost per kilowatt hour installed by technology. Please use the Solar Estimator website http://www.solar-estimate.org/. This site allows you to estimate solar PV, solar thermal or wind energy. There are assumptions built into the estimator and will provide a levelized cost per kWh of the project by allowing you to incorporate different inputs according to the size of system you are considering. The printable calculations are required, please attach.

$.19 - $.22 per kilowatt hour, score 5 points



$.05 or less per kilowatt hour , score 20 points

20

????? -Need Billing info

5.5 If a hybrid (hybrid systems combine two or more renewable systems for the same device, that when integrated, overcome limitations inherent in either) is proposed and provides a lower levelized cost per kilowatt hour, this score is applicable.

If the installed renewable energy system is combined with an electric vehicle charging station, this score is applicable

Yes, score 20 points

No, score 0 points

20

20

http://quickfacts.census.gov/qfd/states/48000lk.html

http://www.solar-estimate.org/


Page 11

Description



Score Assigned by

SECO 5.6 Will the project have an education and outreach component that

provides an opportunity for the student, staff and members of the community to understand the benefits and outcomes of the project?

Yes, score 20 points

If yes, please provide a brief but detailed description in area 2C of the project description

No, score 0 points

20

20

5.7 Site selection is important to the project to ensure full benefit and to promote the use of renewable energy.

Visible to General Public, staff and/or students, score 20 points

Visible to internal staff or students, score 10 points

No visibility, score 0 points

20

20

5.8 Ability to view renewable energy production information. If the production information is available via each method listed, the score will total 20 points. If not, each method is worth 5 points each.

Via an internet portal, similar to the http://infinitepower.soltrex.com/, score 5 points

Via an internal information kiosk, score 5 points

Via detailed signage, score 5 points

Via informational flyers, score 5 points

20

20

5.9 Installation or incorporation of energy conservation measures or existing renewable energy systems. If this is not addressed in the Project Description, please do not include a score.

Previous energy conservation measures, score 15 points

Existing renewable energy system, score 5 points

Installation or incorporation of both, score 20 points

20

15

Maximum Base Score 150 ???

Total Score Assigned By Applicant

Total Score Assigned By SECO

http://infinitepower.soltrex.com/

RESOLUTION RATIFYING THE FILING OF AN APPLICATION BY THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION WITH THE TEXAS STATE ENERGY CONSERVATION OFFICE FOR THE INSTALLATION OF SOLAR PANELS AND AN ELECTRIC VEHICLE CHARGING STATION AT THE SPUR ARENA PROMOTING AND DEMONSTRATING RENEWABLE ENERGY TECHNOLOGY AND AS A SUPPLEMENTAL ELECTRICAL SOURCE

WHEREAS, the Texas State Energy Conservation Office (“SECO”) has provided an application process for an Innovative Energy Demonstration Grant for the funding of proposed solar energy photovoltaic systems (“PV Systems”); and,

WHEREAS, the SECO has budgeted $2,000,000.00, in competitive grants for the fiscal year through August 31, 2013, with the maximum individual grant award not to exceed $250,000.00; and,

WHEREAS, the San Angelo Development Corporation Board of Directors has prepared an application for the grant, and if awarded has resolved to fund the required twenty percent (20%) local match for a grant award of up to the maximum amount, plus related costs; and,

WHEREAS, promoting and pursuing the grant for the promotion and demonstration of renewable energy technologies, and providing for an alternate power source for the Spur Arena, will serve a public use and benefit;

NOW THEREFORE BE IT RESOLVED BY THE SAN ANGELO CITY COUNCIL, THAT:

The application by the San Angelo Development Corporation for an Innovative Energy Demonstration Grant from the Texas State Energy Conservation Office for an individual grant not to exceed $250,000.00, with twenty percent (20%) matching local funds to be provided by the development corporation, for purposes of the installation of solar panels and an electric vehicle charging station at the Spur Arena to promote and demonstrate renewable energy technologies, and providing for an alternative power source for the Spur Arena, is hereby approved and ratified..

PASSED AND APPROVED this day of December, 2013.

THE CITY OF SAN ANGELO, TEXAS

________________________________ Alvin New, Mayor ATTEST: ________________________________ Alicia Ramirez, City Clerk

APPROVED AS TO CONTENT: APPROVED AS TO FORM: ________________________________ ________________________________ Robert Schneeman, Lysia H. Bowling Community & Economic Development City Attorney Coordinator

City of San Angelo Finance Department



From: Laura Brooks, Budget Analyst, Sr.


Contact: Morgan Trainer, Budget Manager, 653-6291

Caption: Regular

Discussion of cost related to TMRS COLA increase

Summary: This item summarizes the costs associated with the COLA increase from 50%-70% in TMRS rates. This item was also discussed during the 11-20-12 Council Meeting.

History: The current TMRS rate is 18.93%. This discussion considers the cost of raising the rate to 22.26%

Financial Impact: $ 690,444 General Fund Increase

$ 344,676 Other Funds Increase

$1,035,120 Total Increase

Related Vision Item (if applicable): N/A

Other Information/Recommendation: None

Attachments: None

Presentation: PowerPoint

Publication: N/A

Reviewed by Service Area Director: Michael Dane

TMRS COLA Increase

• 2013 TMRS rate (50% COLA) = 18.93%

• 2013 rate with 70% COLA = 22.26%

• Increase of 3.33%

• Estimated cost = $1,035,120

City of San Angelo



From: Lisa Marley, Director of Human Resources & Risk Management


Caption: Administrative Item

Consideration of Civil Service Commission nomination by City Manager and approval by City Council.

Summary: In January 2012, Royce Burrows resigned as Commissioner of the Civil Service Commission having served on the Commission since 2006. A search has been underway to fill that vacancy. Presently Raul Lopez and Teresa Special are appointed to the Commission. At present, there is one vacancy on the three-member Commission. History: In accordance with the Local Government Code 143, members of the Civil Service Commission are appointed by the City Manager and approved by the City Council. The term of office for each Commissioner is a three (3) year term. There is no term limitation for Commission members. The principle role of the Commission is to hear appeals on disciplinary actions, terminations or promotional examinations with the focus being on whether or not the civil service rules and regulations are being obeyed.

Financial Impact: None. Other Information/Recommendation: All Commissioners shall be of good moral character, a citizen of the United States, a resident citizen of San Angelo, shall have resided in San Angelo for a period of more than three (3) years, shall be over the age of twenty-five (25) years, and shall not have held any public office within the preceding three (3) years. Having met these requirements, it is recommended that Keith Hidalgo be approved as Commissioner. Attachments: Application for Boards & Commissions for Keith Hidalgo. Reviewed by Service Area Director: Lisa Marley, Director of Human Resources & Risk

Management, March 14, 2013.

april 2, 2013 city council agenda packet

Documents

city manager

city of san angelo

city council meetings

city clerk

city hall

regular agenda item

public meetingan agenda

consent agenda item