January 17, 2012 Agenda Packet

City Council Agenda Page 1 of 5 January 17, 2012

NOTICE OF A PUBLIC MEETING INCLUDING ADDENDUM

AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, January 17, 2012

McNease Convention Center, South Meeting Room 500 Rio Concho Drive

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 202, 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. Proclamation

“School Board Recognition Month, January 2012”, to be accepted by Lanny Layman, School Board President

D. Recognition

“2011 Central High School District Champions”, to be accepted by Brent Davis, Head Coach, Kevin Crane, Offensive Coordinator, Kodi Crane, Defe nsive Coordinator and the Central Bobcat Varsity Football Team

“Wall Flag Football District Champions”, to be accepted by Will Wiggins, Coach, and Team

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 January 3, 2012 City Council Regular meeting minutes 2. Consideration of awarding bid(s) and authorizing the City Manager or his designee to execute any

necessary related documents: a. WU-16-11: Caustic Soda, K. A. Steel Chemicals (Houston, TX), $158,000.00 b. WU-18-11: Ferric Chloride, Kemira (Harlingen, TX), $245,000.00 c. WU-19-11: Polymer, Chameleon Industries (Mesquite, TX), $102,000.00

Addendum


3. Consideration of authorizing the sale of the following properties for the appraised value and authorizing the May or, City Manager, or Wate r Utilities Director to execute all necessary legal documents pertaining to the sale of subject properties, subject to com pletion of all curative requirements: a. 2626 Sleepy Hollow Road (Otho), Lot 11, Fishermans Road, $92,734.00 b. 2041 American Legion (Ellis), Lot 22, Group 2, $93,655

4. Annual report of Records Managem ent Progr am and consideration of adoption of a Resolution authorizing the Records Management Officer to continue implementation of the routine operational and procedural amendments to the Records Management Program

5. Consideration of adopting a Resolution authorizing the City Manager to execute an amendment to the Contract for Twin Buttes Reservoir with the Bureau of Reclamation

6. Consideration of an oral resolution concurring with a protest by Police Chief Tim Vasquez to an application submitted to the Texas Alcohol Beverage Commission by the Throttle Down Saloon and any action related thereto

7. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-23: First Financial Bank 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: The Homestead, Sections One-A and One-B, Block 1, Lots 3 thru 10, 12 thru 20, 22, 25, 26, 29 and 30, and Block 2, Lots 19 and 20, south of Twin Mountain Drive at Massenburg Drive, in south western San Angelo, changing the zoning classification from Planned Development (PD) to Single-Fam ily Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

8. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-24: City of San Angelo 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: The Homestead, Sections One-A and One-B, Block 1, Lots 1, 2, 11, 21, 23, 24, 27, 28, and 31 thru 34, and Block 2, Lot 21, south of Twin Mountain Drive at Massenburg Drive, in south western San Angelo, changing the zoning classification from Planned Developm ent (P D) to Single-Fam ily Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

9. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo SU 11-04: William Sartain 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: 20 N. Bell Street at the southeast corner of the intersection of N. Bell Street and Preusser Street, specifically occupying Eckert’s Addition, Block 1, Lot 1 in eastern San Angelo. Amending the current Special Use 06-02


on the site that currently allows sales of autom obiles and light trucks, to add an allowance for trailer sales, excluding Sem i-trailers and sea containers, on property in a Neighborhood Commercial (CN) district; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

III. REGULAR AGENDA:

F. EXECUTIVE/CLOSED SESSION

Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Governm ent, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirem ent 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. Second Public Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-19: Maranatha Church AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES 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: 80 East 18th Street, on the northwest corner of East 18th Street and Henderson Street, specifically the Lasker Addition, Block 29, Lot 9, in north central San Angelo, changing the zoning classification from Two-Family Residential (RS-2) District to Low Rise Multifam ily Residential (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver)

11. Discussion of Trash Collection and Code Enforcement issues (Requested by Council Member Farmer and presentation by Operations Director Ricky Dickson)

12. Consideration of approving a license agreem ent with the San Angelo Health Foundation for the construction of a trail along the south bank of the North Concho River between Irving Street and City-owned property east of Koenigheim Street (U.S. Hwy 87, North) as part of the River Improvement Project and authorizing the City Manager to execute said agreement (Presentation by Parks and Recreation Director Carl White)

13. Consideration of approving matters related to Request for Competitive Sealed Proposal COSADC-01-11 Business Resource Center Renovation, and any action in connection thereto a. Consideration of approving a recom mendation from City of San Angelo Developm ent

Corporation (COSADC) to award Bid COSADC-01-11 Business Resource Center Renovation and construction contract to Stoddard Construction Managem ent, Inc in an am ount not to exceed $1,334,942.00 for construction renovations on the form er Coke Building at 69 N. Chadbourne, and authorizing the City Manager and COSADC President to negotiate and execute a contract with the recommended vendor

b. Consideration of authorizing additional project funds in an amount not to exceed $160,000.00 to cover costs of additional work including a new roof and facade/glass storefront, increased contingency fees, and increased architectural fees associated with the expanded project

(Presentation by Community and Econom ic Development Director Shawn Lewis and Econom ic Development Coordinator Donna Osborne)


14. Consideration of approving construction of a new boat ramp at Lake Nasworthy to assist with the San Angelo Boat Races, and to provide better lake access for recreational users, and authorization to expend up to $35,000.00 from the Lake Nasworthy Trust Fund to assist with construction of the new ramp and associated infrastructure (Presentation by Assistant City Manager Rick Weise)

15. Discussion and possible action on the construction of a pedestrian pathway around Gun Club Hill off of Hillside Drive near Lake Nasworthy (Requested by Councilmember Alexander and presentation by City Engineer Clinton Bailey)

16. Consideration of awarding a bid for PK-02-11 /Rio Vista Park Renovation to Stoddard Construction Management, Inc. (Bulverde, TX) in the amount of $572,500.00, and authorization for an additional $27,500.00 for Alternate Option #5 to completed in -house by Park staff, and authorizing the City Manager or his designee to negotiate a contract and execute any related documents (Presentation by Construction Manager David Knapp)

17. First Public Hearing and consid eration of introduction of an Ordinance amending the 2011-2012 Budget for new projects AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR NEW PROJECTS (Presentation by Finance Director Michael Dane)

18. First public hearing and consid eration of introduction of an Ordinance am ending an Ordinance Amending Appendix A, Article 8.000, Section 8.200 Monthly Water Rates AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO TEXAS, BY AMENDING SECTION 8.200 ENTITLED “MONTHLY WATER RATES” BY REPEALING SUBSECTION 8.200(a)(1) IN ITS ENTIRETY; AND ADOPTING A NEW SUBSECTION 8.200(a)(1) ESTABLISHING NEW USAGE RATES FOR RESIDENTIAL BUILDING AND LANDSCAPE METERS AND FIRE HYDRANT METERS, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE (Presentation by Water Utilities Director Will Wilde)

19. First public hearing and consideration of introduction of an Ordinance amending Chapter 11, Article 11.200 Water Conservation and Drought Contingency Plan AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 11.200 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY REPEALING ARTICLE 11.200 IN ITS ENTIRETY, AND ADOPTING A NEW ARTICLE 11.200, PROVIDING FOR A DROUGHT CONTINGENCY PLAN, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE (Presentation by Water Utilities Director Will Wilde)

20. Consideration of an oral resolution directing Siemens Industry, Inc. to proceed with Phase II services related to the reuse of landfill gas as outlined in the Letter of Intent approved by City Council in December 2010 and any action related thereto (Presentation by Assistant City Manager Elizabeth Grindstaff)

21. Consideration of an oral resolution directing the City Manager or his designee to initiate negotiations to determine the financial viability for a contract for the Landfill Gas to Energy Project with qualified individuals or entities submitting proposals in r esponse to RFP OP-01-11 and any action related thereto

Addendum


(Presentation by Assistant City Manager Elizabeth Grindstaff) 22. First Public Hearing and consideration of introduction of an Ordinance ordering the General Election

for May 12, 2012 (Primera Audiencia Pública y consideración de la introducción de una ordenanza que pide la Elección General para el 12 de mayo de 2012): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, ORDERING THAT A GENERAL ELECTION BE HELD IN SAID CITY ON THE 12TH DAY OF MAY, 2012, FOR THE PURPOSE ELECTING MUNICIPAL OFFICERS; ORDERING PUBLICATION; MAKING PROVISIONS FOR THE CONDUCT OF THAT ELECTION AND OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE (UNA ORDENANZA DEL CONSEJO DE LA CIUDAD DE SAN ANGELO, TEXAS, CONVOCADO UNA ELECCIÓN GENERAL PARA LA ELECCIÓN DE OFICIALES MUNICIPALES QUE SE CELEBRARÁ EL 12 DE MAYO DE 2012; ORDENANDO PUBLICACIÓN, HACIENDO PROVISIONES PARA LA CONDUCTA DE DICHAS ELECCIONES Y OTRAS PROVISIONES RELACIONADAS AL MOTIVO DE ESTA ORDENANZA; Y PREVIENDO UNA FECHA DE VIGENCIA) (Presentation by City Clerk Alicia Ramirez)

H. FOLLOW UP AND ADMINISTRATIVE ISSUES

23. Consideration of matters discussed in Executive/Session, if needed a. Animal Shelter Services Advisory Commission: John Russell, DVM, (SMD2) to a 2nd full term 2014 b. Civic Events Board: Sandy Fields (SMD6) to a 1st full term January 2014 c. Ft. Concho Museum Board: Robert Aguilar, Jr. (SMD2) to a 1st full term January 2015 and Dana

Gray (SMD2) to a 2nd full term 2015 24. Consideration of Future Agenda Items 25. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Thursday, January 12, 2012, at 6:00 P.M.

/s/________________________ Alicia Ramirez, City Clerk

Addendum

PROCLAMATION WHEREAS, The mission of public schools is to meet the diverse educational needs of all children

and to empower them to become competent, productive contributors to a democratic society and an ever-changing world; and

WHEREAS, Local school board members are committed to children and believe all children can

be s uccessful life -long l earners and that the be st e ducation i s t ailored t o t he individual needs of each child; and

WHEREAS, Local school board members work closely with parents, educational professionals,

and other community members to create the educational vision we want for our students; and

WHEREAS, Local school board members are responsible for ensuring the structure that provides

a solid foundation for our school system; and WHEREAS, Local school board members are s trong advocates for public education and are

responsible for communicating the needs of the school district to the public and the public’s expectations to the district;

NOW THEREFORE, I, Alvin New, Mayor of the City of San Angelo, on behalf of the City Council, do hereby declare our appreciation to the members of the San Angelo Independent School Board and proclaim the month of January, 2012, as

“SCHOOL BOARD RECOGNITION MONTH” in San Angelo and urge all citizens to join us in recognizing the dedication and hard work of local school board members and in working with them to mold an education system that meets the needs of both today’s and tomorrow’s children.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 17th day of January, 2012.

THE CITY OF SAN ANGELO

____________________________________ ALVIN NEW, MAYOR

SPECIAL RECOGNITION WHEREAS, The San Angelo Central High School Bobcats Varsity Football Team

led by Brent Davi s, Head C oach, had an amazi ng season year posting an overall record of 9-3; and

WHEREAS, The Bobcats won their first undisputed dist rict title and finished as

District Champions for the first time in 4 8 years, not stopping there, they brought ho me a second co nsecutive District 2 Class 5A Bi-District Championship, finishing as Area Finalists, and their regular season with a record of 8-2.

NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby recognize and applaud

THE 2011 SAN ANGELO CENTRAL HIGH SCHOOL BOBCATS VARSITY FOOTBALL TEAM

Ben Alexander, Sean Bailey, Brock Barger, Jacob Berg, Ben Bowman, Joseph Brooks, Willie Brown, Tyler

Chadwick, Jordan Charles, Edward Cuellar, Rileigh Davis, Robert Dawson, Nick Evans, Cole Fielder, Stefan Fields, Connor Frank, Dallas Franke, Colton Freeman, Michael Gamez, Christian Garcia, Colton Gill, Jake

Green, Rylan Haecker, Colby Hawkins, Levi Haynes, Lavar Johnson, Connor Jost, Lonnie Kennon, Watt Lasater, Darius Long, Corey Lopez, Jeremy Matschek, Reese Montgomery, Chase Moody, Blaine Morales, Gabe

Moreno, Romario Napoles, Jacob Nino, Matt Opincar, Nolan Osmanski, Zach Pfluger, Daivon Poole, Tavion Ritchie, Max Rivero, Ricky Ray Rodriguez, Landon Sawyer, Logan Sawyer, Mickey Scott, Clay Skiff, Sterling

Smith, Sterling Strickland, Keyland Taylor, Tyler Turner, Ryan Villescas, Hayden Vinson and Jake Williamson

Brent Davis, Head Coach Kevin Crane, Offensive Coordinator Kodi Crane, Defensive Coordinator

Assistant Coaches: Kyle Atwood, Jason Brock, Stephan Campbell, Freddy Davis, Marty Houser, Michael Johnson, Ross Lassiter, Craig Nairn, Mark Nickols, Patrick Penry,

Jason Perez, BJ Petillo, Jason Richards, Ron Rodgers, and Tony Vu

not only fo r their outstanding and impressive victories, but also for their commitment to both athletic and academic excellence.

IN WITN ESS WHEREOF, I have hereunto set my han d and c aused the Seal of the City to be affixed this 17th day of January, 2012.

THE CITY OF SAN ANGELO ________________________________ ALVIN NEW, MAYOR

City of San Angelo 8U Youth Flag Football League Champions

Beat the 2 year Undefeated San Angelo Chargers 14-0 in the Championship.

Attended the State Tournament in College Station ended the tournament with a record of 4-2 and bringing home the 4th place.

--Wall Seahawks 4-2 Season, 4-0 Playoffs

Coach—Will Wiggins

Ass Coach—Brian Ballard

Players-- Ty Casey

Tyler Mangum

Drew Morrison

Ryan Quinney

Caleb Davis

Shane Halfmann

Kolton Millsap

Kannon Brooks

Bryson Ballard

Jimmy Stokes

Grayson Wiggins

Justis Watkins

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 227 Tuesday, January 3, 2011 Vol. 103

OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:05 A.M., Tuesday, January 3, 2011, 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 Councilmember Fredd B. Adams, II Councilmember Kendall Hirschfeld Councilmember Charlotte Farmer

were present and acting, with the exception of Mayor New, thus constituting a quorum. Mayor Pro Tempore Charlotte Farmer facilitated the meeting. Whereupon, the following business was transacted:

An invocation and pledge was given by Stephen Wilhoite, Pastor of Word of Life Church.

PROCLAMATION

“Crime Stoppers’ Month in San Angelo”, January 2012, was accepted Crime Stoppers’ Coordinator and Police Department Office Assistant Linda Ashton and former Crime Stoppers’ Board Chairman Gary Samad.

PUBLIC COMMENT

Councilmember Alexander commended the Water Department Crews for their quick response on the recent 24” water main break on Avenue K and Metcalf. He also commented on the lack of media coordination between the local television stations, government channel, and staff. He suggested staff work closely with the Emergency Management Coordinator to better utilize available technology.

City Manager Harold Dominguez and Water Utilities Director Will Wilde provided a brief on the various works by staff to reinstate service to customers.

CONSENT AGENDA

APPROVAL OF THE DECEMBER 20, 2011 CITY COUNCIL REGULAR MEETING MINUTES

AUTHORIZATION FOR THE SALE OF THE FOLLOWING PROPERTIES FOR THE APPRAISED VALUE AND AUTHORIZATION FOR THE MAYOR, CITY MANAGER, OR W ATER UTILITIES DIRECTOR TO EXECUTE ALL NECESSARY LEGAL DOCUMENTS PERTAINING TO THE SALE OF SUBJECT PROPERTIES, SUBJECT TO COMPLETION OF ALL CURATIVE REQUIREMENTS:

3253 Red Bluff Road West (Lewis) 3045 Red Bluff Road (Crumrine)

APPROVAL OF A RESIDENTIAL LEASE RENEWAL AT LOT 37, GROUP SHADY POINT, 1902 SHADY POINT CIRCLE (CAIN), AND AUTHORIZATION FOR THE WATER UTILITIES DIRECTOR TO EXECUTE THE SAME

Page 228 Minutes Vol. 103 January 3, 2012 AUTHORIZATION FOR THE MAYOR TO EXECUTE A LETTER OF SUPPORT ON BEHALF OF THE CITY F OR AP PLICATION F OR L ONE S TAR L EGACY P ARK STATUS WITH THE TEXAS RECREATION AND PARK SOCIETY FOR CIVIC LEAGUE PARK

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX A, PAGE 205, ORDINANCE #2012-01-001)

Z 11-20: Norman Dierschke

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A Z ONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 3902 Coliseum Drive, specifically occupying Mather Addition No. 2, S 50’ of W. 139.4’ of Block 1, changing the zoning classification from Single Family Residential (RS-1) to Neighborhood Commercial ( CN) Di strict; P ROVIDING F OR S EVERABILITY AND P ROVIDING A PENALTY

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX B, PAGE 207, ORDINANCE #2012-01-002)

Z 11-22: San Angelo Independent School District

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A Z ONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 323 Penrose Street on the southwest corner of Penrose Street and Fort McKavett Road, specifically occupying 3 Acres of G. Blum Survey A-0059 S-0166, changing the zoning classification from Single Family Residential (RS-1) to High Rise Multi-Family Residential (RM-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE DOW NTOWN DEVELOPMENT DISTRICT (ANNEX C, PAGE 209, ORDINANCE #2012-01-003)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES BY AMENDING SECTION 12.1005 ENTITLED “MAP” OF ARTICLE 12.1000 ENTITLED “DOWNTOWN DEVELOPMENT DISTRICT”, PROVIDING A NEW MAP THAT EXPANDS THE AREA OF THE DOWNTOWN DEVELOPMENT DISTRICT; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE

SECOND HEARING AND ADOP TION OF AN ORDINANCE AMENDING E STABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT 4 (ANNEX D, PAGE 211, ORDINANCE #2012-01-004)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS AMENDING THE E STABLISHED BOUNDARI ES OF S INGLE M EMBER DI STRICT NUMBER 4 F OR T HE PURPOSE OF INCORPORATING NEWLY ANNEXED AREAS INTO SAID DISTRICT, PROVIDING FOR PRECLEARANCE AND ALL OTHER NE CESSARY ACT IONS; AND PROVIDING FOR AN EFFECTIVE DATE

Minutes Page 229 January 3, 2012 Vol. 103 SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2011-2012 BUDGET FOR ENCUMBRANCES, RESTRICTED AND DEDICATED MONEYS, INCOMPLETE PROJECTS, AND GRANTS (ANNEX E, PAGE 217, ORDINANCE #2012-01-005)

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BE GINNING OCT OBER 1 , 2 011, AND E NDING S EPTEMBER 30, 2012, FOR ENCUMBRANCES, RESTRICTED AND DEDICATED MONEYS, NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS

Motion, to approve the Consent Agenda with the exception of the City of San Angelo Development Corporation contract items and zoning case Z 11-19: M aranatha Church, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Morrison. Motion carried unanimously.

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

APPROVAL OF RECOMMENDATIONS BY CITY OF SAN ANGELO DEVELOPMENT CORPORATION (COSADC) ON MATTERS RELATING TO THE FOLLOWING CONTRACTS:

· APPROVAL OF A CONTRACT BY AND BE TWEEN THE COSADC AND THE SAN ANGELO CHAMBER OF COMMERCE MAKING PROVISION FOR A MARKETING AND RECRUITMENT PROGRAM TO BE CONDUCT ED BY T HE CHAM BER OF COM MERCE F OR P URPOSES OF PROMOTING T HE CITY OF S AN ANGE LO AS A P RIME LOCATION FOR INDUSTRY AND SERVICE SECTOR PRIMARY JOB GROW TH AND I NVESTMENT F OSTERING ECONOMIC DEVELOPMENT, AND AUTHORIZATION FOR THE EXECUTION THEREOF

· AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE A CONTRACT WITH COSADC FOR THE P ROVISION OF NE IGHBORHOOD AND F AMILY S ERVICES DE PARTMENT ADMINISTRATIVE SERVICES BY USE OF CITY PERSONNEL AND F OR REIMBURSEMENT THEREFORE TO CITY FROM THE COSADC, AND AUTHORIZATION FOR THE EXECUTION THEREOF

· AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE A CONTRACT WITH COSADC FOR THE P ROVISION OF ADM INISTRATIVE S ERVICES F OR COS ADC BY US E OF CITY PERSONNEL AND FOR REIMBURSEMENT THEREFORE TO CITY FROM THE COSADC, AND AUTHORIZATION FOR THE EXECUTION THEREOF

Councilmember Morrison expressed his co ncern on th e s taffing levels a nd a ssociated contract am ounts submitted for consideration and requested detailed information regarding the assigned staff and breakdown of the expenditures.

City Manager Harold Dominguez explained the three c ontracts noting state la w requires Development Corporations re imburse m unicipal e ntities for services provided i n su pport o f 4B economic development corporations under the jurisdictions of a municipality.

Motion, to postpone the item until requested information is provided, was made by Councilmember Morrison and seconded by Councilmember Silvas. AYE: Morrison and Silvas. NAY: Alexander, Adams, Hirschfeld, and Farmer. Motion failed 2-4.

Motion, to consider the item, a s p resented, was made by C ouncilmember H irschfeld an d sec onded by Councilmember Adams. AYE : Alexander, Adams, Hirschfeld, and Farmer. NAY: Morrison and Silvas. Motion carried 4-2.

Motion, t o a pprove the ite ms, as presented, w as m ade b y Councilmember H irschfeld and seconded by Councilmember Adams. AYE: Alexander, Adams, Hirschfeld, and Farmer. N AY: M orrison and Silvas. Motion carried 4-2.

Page 230 Minutes Vol. 103 January 3, 2012 POSTPONEMENT OF A SECOND HEARING AND ADOP TION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO

Z 11-19: Maranatha Church

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES 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: 80 East 18th Street, on the northwest corner of East 18th Street and Henderson Street, specifically the Lasker Addition, Block 29, Lot 9, in north central San Angelo, changing the zoning classification from Two-Family Residential (RS-2) District to Low Rise Multifamily Residential (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Councilmember Morrison requested additional information noting he understood, from an outside source, this facility would be utilized as a half-way house for former inmates versus a group home as presented during the introduction of the ordinance. Planning Manager AJ Fawver and City Attorney Lysia H. Bowling explained the zoning ordinance and the requirements for RM-1 designation and noted the recommended zone designation was based on the proponent’s application. Ms. Fawver stated should the use of the home be different than what was initially presented, for example a rehabilitation of residents with alcohol or drug-related dependencies or for people who are under judicial detainment and under the supervision of sworn officers, then such designation would not be allowed.

Motion, to postpone the adoption of the Ordinance until further information is provided and Proponent present, was made by Mayor Pro Tempore Farmer and seconded by Councilmember Hirschfeld.

Public comments were made by Police Chief Tim Vasquez.

A vote was taken on the motion on the floor. Motion carried unanimously.

SECOND PUBLIC HEARING AND ADOPTION OF AN ORDINANCE REGARDING MERCHANDISING, ADVERTISING, AND SIGNS (ANNEX F, PAGE 221, ORDINANCE #2012-01-006)

AN ORDINANCE OF THE CITY COUNCIL OF SAN ANGELO, AMENDING CHAPTER 9, ENTITLED “LAKES, PARKS AND RECREATION AREAS”, ARTICLE 9.200, ENTITLED “PARKS”, BY REPEALING SECTION 9 .207, E NTITLED “ MERCHANDIZING, ADVE RTISING AND S IGN”, ENACTING A NE W SECTION 9.207, ENTITLED “PROHIBITED SALES, ADVERTISING AND SIGNAGE ON PARK PROPERTY; EXCEPTIONS”; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY; AND, PROVIDING FOR AN EFFECTIVE DATE

Parks and Recreation Director Carl White presented background information.

General discussion was held on the process to advertise in the park areas, approval process, and making the process less restrictive.

Motion, to adopt the Ordinance, as presented, was made by Councilmember Alexander and seconded by Councilmember Adams. Motion carried unanimously.

RECESS

At 9:55 A.M., Mayor Pro Tempore Farmer called a recess.

Minutes Page 231 January 3, 2012 Vol. 103 RECONVENE

At 10:08 A.M., Council reconvened, and the following business was transacted:

AUTHORIZATION FOR STAFF TO NEGOTIATE A LEASE AGREEMENT WITH THE PEOPLE PLANT CONNECTION FOR THE DEVELOPMENT OF A COMMUNITY GARDEN AT RIO VISTA PARK

Parks and Recreation Director Carl White and proponents Suzanne Stanfield and TGC Extension Agent Allison Watkins presented background i nformation. A c opy o f t he r eport/presentation is p art o f t he P ermanent Supplemental Record.

General discussion was held on the marketing of the garden, the concept, and potential and positive impacts of this endeavor.

Public comment was made by Citizen Art Elkins.

Motion, to authorize, as p resented, was made by Councilmember Silvas and seconded by Councilmember Alexander. Motion carried unanimously.

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO

SU 11-04: William Sartain

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 DI STRICTS AND A Z ONING M AP, I N ACCORDANCE W ITH A COMPREHENSIVE P LAN, BY CHANGI NG T HE Z ONING AND CL ASSIFICATION OF T HE FOLLOWING PROPERTY, TO WIT: 20 N. Bell Street at the southeast corner of the intersection of N. Bell Street and Preusser Street, specifically occupying Eckert’s Addition, Block 1, Lot 1 in eastern San Angelo. Amending the current Special Use 06-02 on the site that currently allows sales of automobiles and light trucks, to add an allowance for trailer sales, excluding Semi-trailers and sea containers, on property in a Neighborhood Commercial (CN) district; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

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

SECOND P UBLIC HE ARING AND ADOP TION OF AN ORDINANCE AMENDING T HE T AX INCREMENT REINVESTMENT ZONE (ANNEX G, PAGE 223, ORDINANCE #2012-01-007)

AN ORDINANCE AMENDING CHAPTER 12.900 ENTITLED “TAX INCREMENT REINVESTMENT ZONE” OF THE SAN ANGELO CODE OF ORDINANCES BY AMENDING SECTION 12.902, ENTITLED “TAX INCREMENT REINVESTMENT ZONE BOUNDARIES”; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE

Mayor Pro Tempore Farmer informed the item had been introduced on December 6, 2011, tied for the adoption of t he o rdinance o n D ecember 2 0, 2 011, a nd a gain f or consideration today. Community and E conomic Development Director Shawn Lewis presented background information.

Motion, to ad opt t he Ordinance, as p resented, was made by Councilmember M orrison and s econded b y Councilmember Adams.

Page 232 Minutes Vol. 103 January 3, 2012 Councilmembers Hirschfeld and Alexander commented on the parcel that included the new location of SKG Engineering on the southeast co rner of S Ab e Street an d W Avenue C and sp oke i n o pposition o f t he recommended boundary changes to the Ordinance.

A vote was taken on the motion on the floor. AYE: Morrison, Silvas, Adams, and Farmer. NAY: Alexander and Hirschfeld. Motion carried 4-2.


Z 11-23: First Financial Bank

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 DI STRICTS AND A Z ONING M AP, I N ACCORDANCE W ITH A COMPREHENSIVE P LAN, B Y CHANGI NG T HE Z ONING AND CL ASSIFICATION OF T HE FOLLOWING PROPERTY, TO WIT: The Homestead, Sections One-A and One-B, Block 1, Lots 3 thru 10, 12 thru 20, 22, 25, 26, 29 and 30, and Block 2, Lots 19 and 20, south of Twin Mountain Drive at Massenburg Drive, in south western San Angelo, changing the zoning classification from Planned Development (PD) to Single-Family Residential (RS-1) District; PROVIDING FOR S EVERABILITY AND PROVIDING A PENALTY


Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember M orrison. AYE: Alexander, Morrison, Silvas, A dams, and H irschfeld. N AY: F armer. Motion carried 5-1.


Z 11-24: City of San Angelo

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 DI STRICTS AND A Z ONING M AP, I N ACCORDANCE W ITH A COMPREHENSIVE P LAN, BY CHANGI NG T HE Z ONING AND CL ASSIFICATION OF T HE FOLLOWING PROPERTY, TO WIT: The Homestead, Sections One-A and One-B, Block 1, Lots 1, 2, 11, 21, 23, 24, 27, 28, and 31 thru 34, and Block 2, Lot 21, south of Twin Mountain Drive at Massenburg Drive, in south western San Angelo, changing the zoning classification from Planned Development (PD) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember M orrison. AYE: A lexander, Morrison, Silvas, A dams, and H irschfeld. N AY: F armer. Motion carried 5-1. Motion carried unanimously.

Minutes Page 233 January 3, 2012 Vol. 103 FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO

Z 11-21: Titan Investments, LLC

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DI STRICTS AND A Z ONING M AP, I N ACCORDANCE W ITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 334 WEST CONCHO AVENUE, APPROXIMATELY 158 FEET EAST FROM THE INTERSECTION OF SOUTH ABE STREET AND WEST CONCHO AVENUE, SAN ANGELO ADDITION, BLOCK 31, LOT 8 AND THE EAST 15 FEET OF LOT 9, CHANGING THE ZONING CLASSIFICATION FROM OFFICE COMMERCIAL (CO) TO HISTORIC OVERLAY (OH) DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


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

PRESENTATION AND UPDATE ON THE HICKORY AQUIFER WATER SUPPLY PROJECT

Water Utilities Director Will Wilde presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

General discussion was held on the project time line and further expediting the time line, potential pipeline breaks and related matters, right of way issues, and the selected contractor and available material supplies.

APPROVAL OF MATTERS RELATED TO REQUEST FOR PROPOSAL HR-03-11:

Human Resources Director Lisa Marley presented background information. A copy of the report/presentation is part of the Permanent Supplemental Record.

· DISCUSSION OF P ROPOSALS S UBMITTED F OR RE QUEST FOR PROPOSAL HR-03-11 FOR INDIVIDUAL AND AGGREGATE STOP LOSS INSURANCE

· SELECTION OF AMWINS–FIDELITY L IFE AS T HE BENEFIT P ROVIDER RE LATED TO REQUEST FOR PROPOSAL HR-03-11, AUTHORIZATION FOR STAFF TO NEGOTIATE A CONTRACT, AND AUT HORIZATION F OR THE CI TY M ANAGER T O E XECUTE S AID CONTRACT AND ANY RELATED DOCUMENTS

Motion, to select AmWins-Fidelity Life as the Benefit Provider and related matters, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Adams. Motion carried unanimously.

FOLLOW UP AND ADMINISTRATIVE ISSUES

APPROVAL OF A BOARD NOMINATION BY COUNCIL AND DESIGNATED COUNCILMEMBERS:

Animal Service Advisory Committee: Reba Colburn (SMD1) to a 1st term through January 2014

Motion, t o a pprove the board nomination by Council and designated Councilmembers, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. Motion carried unanimously.

Page 234 Minutes Vol. 103 January 3, 2012 RECESS

At 11:41 A.M., Mayor New called a recess.

EXECUTIVE/CLOSED SESSION

At 12:17 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 551.087 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.

OPEN SESSION (continued)

At 12:50 P.M. City Council concluded the Executive/Closed Session whereupon the following business was transacted:

RECESS

At 12:50 P.M., Mayor New called a recess.

RECONVENE

At 1:01 P.M., Council reconvened, and the following business was transacted:

CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION

APPROVAL OF A RECOMMENDATION BY T HE CI TY OF S AN ANGE LO DEVELOPMENT CORPORATION (COSADC) BOARD TO AMEND THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION GUIDELINES FOR J OB CRE ATION AS SISTANCE SECTION E NTITLED ELIGIBILITY OF APPLICANTS AND REVISING OUTDATED CONTACT INFORMATION

Development Coordinator Robert Schneeman presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

Councilmember Morrison expressed his concern regarding the amendments to the application eligibility criteria noting that the current criteria rules have been styled to prevent elected and appointed officials from receiving funds fro m th e C ity o f S an A ngelo D evelopment Corporation. H e e xpressly s poke in o pposition o f th e amendment.

Councilmembers Alexander, Hirschfeld, and Adams spoke in favor of the amendment and proposed MedHab incentive (item immediately following this item).

Motion, to approve the amendment to the Guidelines, as presented, was made by Councilmember Hirschfeld and s econded b y Councilmember A lexander. AYE: Alexander, Adams, Hirschfeld, and Farmer. NAY: Morrison and Silvas. Motion carried 4-2.

APPROVAL OF AN OF FER OF ECONOMIC INCENTIVES T O MEDHAB, L LC, A MEDICAL DEVICE COM PANY CONSIDERING LOCATING IN SAN ANGELO INCLUDING, BUT NOT LIMITED TO, A TAX REBATE, JOB CREATION GRANT, BUILDING RENOVATION GRANT, AND LEASE ASSISTANCE

Community and Economic Development Director Shawn Lewis and Economic Development Coordinator Donna Osborne presented background information. A copy o f the presentation is part o f the Permanent Supplemental Minute record.

Minutes Page 235 January 3, 2012 Vol. 103 Councilmembers Hirschfeld, Alexander, S ilvas, a nd M ayor P ro T empore Farmer spoke i n f avor of t he incentive.

Motion, t o au thorize t he i ncentive, a s p resented, w as m ade b y Councilmember A dams and s econded b y Councilmember Hirschfeld. AYE: Alexander, Silvas, Adams, Hirschfeld, and Farmer. N AY: Morrison. Motion carried 5-1.

CONSIDERATION OF FUTURE AGENDA ITEMS

City Manager Harold Dominguez distributed the proposed January 17, 2012 Agenda and solicited Council comments and suggestions.

ADJOURNMENT

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

The meeting adjourned at 2:01 P.M.

THE CITY OF SAN ANGELO ___________________________________ Alvin New, Mayor

ATTEST: _______________________________ Alicia Ramirez, City Clerk Annexes A-G 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.)

Page 236 Minutes Vol. 103 January 3, 2012

THIS PAGE INTENTIONALLY LEFT BLANK.

City of San Angelo

Memo Date: January 13, 2012

To: Mayor and Councilmembers

From: Tom Kerr, Assistant Director of Water Utilities

Subject: Agenda Item for January 17, 2011 Council Meeting

Contact: Tom Kerr, 657-4209

Caption: Consent Item

Consideration of award of bi d f or WU-16-11 Caustic S oda to K. A. S teel Chemicals

Summary: Bids were s olicited f rom nine (9) s uppliers. B ids were r eceived f rom four (4) suppliers; Altivia Corporation, Harcos Chemicals, DPC Enterprises and K.A. Steel Chemicals. K.A. S teel C hemicals of H ouston, T exas, provided t he l ow b id of $631.00 per ton.

History: The City uses caustic soda for corrosion control at the Water Treatment Plant.

Financial Impact: Funded within the Water Treatment budget with a projected annual expenditure of $158,000.

Related Vision Item

N/A

Other Information/ Recommendation:

It is recommended that the bid be awarded to K. A. Steel Chemicals.

Attachments: Bid Tab

Presentation: None

Publication: N/A

Reviewed by Service Area Director:

Will Wilde, Water Utilities Director, December 30, 2011.

P:\11-RFX\Water Utilities\WU1611 Caustic Soda\BID TAB

City of San AngeloBID TAB

RFB: WU-16-11 Caustic Soda/December 13, 2011

Description Qty (Tons) $ Per Ton $/Ton $ Per Ton $/Ton $ Per Ton $/Ton $ Per Ton $/Ton

Caustic Soda 250 $688.70 172,175.00$ $740.00 185,000.00$ $ 640.00 160,000.00$ $ 631.00 157,750.00$

Requests for Bids were mailed to:

Altivia Corp. Houston, TX

Brenntag Southwest Houston, TX

DPC industries Sweetwater, TX

Enviromental Chemical Corp San Antonio, TX

Gulbrandsen Technologies, Inc. Clinton, TX

Harcros Chemical. Inc. Dallas, TX

Hydro Plus Abilene, TX

Kemira Water Solutions, Inc Lawrence, KS

Ms Carrol Welding Abilene, TX

DPC Industries

5

K.A. Steel Chemicals

1-2

Altivia Corp. Harcros Chemicals

Delivery Days 2-3 5

City of San Angelo







Consideration of award of bid for WU-18-11 Ferric Chloride to Kemira

Summary: Bids were s olicited f rom four ( 3) suppliers. Bids were r eceived f rom two (2) suppliers; Kemira and General Chemical. Kemira of Harlingen, Texas, provided the low bid of $272.00 per ton.

History: The C ity Water Treatment Plant uses ferric c hloride as a coagulant in the clarification process of water treatment.


Related Vision Item

N/A


It is recommended that the bid be awarded to Kemira.


Presentation: None

Publication: N/A



Y:\11-RFX\Water Utilities\WU1811 Ferric Chloride\Bid Tabulation

QTY(Ton)

1 Ferric Chloride 900 272.00$ 244,800.00$ -$ -$

Total 244,800.00$ No Bid

Delivery Days (Calendar Days)Payment Discount

RFB Sent to:Kemira Harlingen, TXGeneral Chemical Parsippany, NJPennco San Felipe, TX

2-3

None

Extended

CITY OF SAN ANGELOBID TAB

RFB: WU-18-11-Ferric Chloride/December 22, 2011. 2:00 PM

Item

Item Description Price/Wet Tone Extended Price/Wet Tone

Kemira General Chemical

City of San Angelo







Consideration of award of bid for WU-19-11 Polymer to Chameleon Industries

Summary: Bids were s olicited f rom four ( 4) suppliers. B ids w ere r eceived f rom three (3) suppliers; Chameleon I ndustries, Kermira Water S olutions, a nd Southwest Engineers. Chameleon I ndustries of Mesquite, T exas, provided t he l ow bid of $1,698.00 per ton.

History: The City Water Treatment Plant uses polymer to enhance the removal of turbidity from the source water during treatment.


Related Vision Item

N/A


It is recommended that the bid be awarded to Chameleon Industries.


Presentation: None

Publication: N/A



QTY(Wet Tons)

1 Water Treatment - Polymer 60 1,698.00$ 101,880.00$ 2,000.00$ 120,000.00$ 2,000.00$ 120,000.00$

Delivery Days (Calendar Days)Payment Discount

RFB's Sent To:Altivia Houston, TXChameleon Industries Mesquite, TXPolydyne Riceboro, GAKermira Water Solutions Lawrence, KS

Price/Ton Extended

Chameleon Industries Kermira Water Solutions

CITY OF SAN ANGELO

10None

2-3 7None None

BID TABRFB: WU-19-11-Polymer/December 22, 2011

Southwest Engineers

Price/Ton ExtendedItem

Item Description Price/Ton Extended

Y:\COUNCIL\Electronic Agendas\2012\01-17-12\PUR WU-19-11 Bid

City of San Angelo



From: Will Wilde, Water Utilities Director


Contact: Will Wilde, Water Utilities Director, 657-4209


Consideration of authorizing the sale of the following residential properties for the appraised value and a uthorizing the Mayor, C ity Manager, or Water U tilities D irector to execute all necessary legal documents pertaining to the sale of subject properties, subject to completion of all curative requirements.

Summary: Otho 2626 Sleepy Hollow Road Lot 11, Fishermans Road $92,734 Ellis 2041 American Legion Lot 22, Group 2 $93,655 History: None.

Financial Impact: Proceeds from the sale of lake lots go into the Lake Nasworthy Trust Fund. Related Vision Item (if applicable): None. Other In formation/Recommendation: If t he s ale i s ap proved at t he ap praised value, a t itle examination will be performed and l egal s taff w ill pr epare a R eal E state C ontract o f S ale, S pecial Warranty Deed and Surrender of Lease, as previously approved by City Council. Staff recommends approval. Attachments: Appraisal Report (Otho; Ellis) Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, January 3, 2012.

City of San Angelo Office of the City Clerk



From: Alicia Ramirez, City Clerk

Subject: Agenda Item for January 17th Council Meeting

Contact: Alicia Ramirez, City Clerk, 657-4405


Annual report of Records Management Program and consideration of Resolution au thorizing t he R ecords M anagement O fficer t o c ontinue implementation of t he r outine operational a nd procedural amendments t o the Records Management Program

Summary: The annua l report i s r equired b y s tate l aw an d C ity ordinance. The R esolution allows the Records Management Officer to continue implementation of routine operational and procedural amendments to the Records Management Program during the year between reports to the Council and, if necessary, with approval of the Records Management Committee. Financial Impact: The expenses (other than personnel costs) to support the Records Management Program during fiscal year 2010-11 were $23,365. These expenses included storage costs, storage supplies, and costs for destruction of out of retention and confidential records ($12,100) and relocation of r ecords s torage f acility a nd related s helving un its ( $11,265). Due to t he f acility r elocation, t otal funding budgeted for fiscal year 2011-12 was decreased to $7,900. Other Information/Recommendation: A det ailed r eport and t he R esolution f or c onsideration ar e attached. Staff recommends the adoption of this Resolution. Attachments: Report and Resolution

A RESO LUTION AUTHORIZING THE RECO RDS M ANAGEMENT O FFICER TO CONTINUE T O I MPLEMENT RO UTINE O PERATIONAL AND PRO CEDURAL AMENDMENTS TO THE CITY O F S AN ANGELO’S RECORDS M ANAGEMENT PROGRAM DURI NG THE I NTERIM BET WEEN REPO RTS T O T HE CITY COUNCIL AND UPON APPROVAL OF THE RECORDS MANAGEMENT COMMITTEE

WHEREAS, the City of San Angelo Records Management Plan was developed in accordance with

the Texas Loc al G overnment R ecords A ct o f 19 89 and the R ecords M anagement Ordinance, app roved by t he R ecords M anagement C ommittee, and adopt ed by t he City Council; and

WHEREAS, the City of San Angelo Records Management Manual sets out policies and procedures

for implementation of the Records Management Plan and has been approved by the Records Management Committee and adopted by the City Council; and

WHEREAS, the City of San Angelo Records Management Officer finds it necessary to implement

routine ope rational a nd procedural a mendments to the P rogram dur ing t he i nterim between annual reports to the City Council.

NOW THEREFORE, BE I T RESO LVED that the City Council of t he C ity of S an A ngelo, Texas, hereby authorizes its Records Management Officer to continue to implement the necessary routine operational and procedural amendments to the Program during the interim between annual reports to the Council and upon approval of the Records Management Committee. PASSED, APPROVED and ADOPTED on the 17th day of January, 2012.

CITY OF SAN ANGELO, TEXAS Alvin New, Mayor

ATTEST: _____________________ Alicia Ramirez, City Clerk Approved as to Content/Form: _____________________ Alicia Ramirez, City Clerk

2011 Records Management Report

City of San Angelo Records Management Program

Prepared by Alicia Ramirez, Records Management Officer

January 10, 2012

Introduction: In December 1990 the City Council adopted an Ordinance establishing a Records Management Program for the City of San Angelo to meet t he requirements of the S tate Local Government Records Act. The Ordinance prescribes the duties and responsibilities of City officials in the preservation, microfilming, destruction and other dispositions of City government records. The program has been designed to reduce the costs and improve the efficiency o f record k eeping, t o adequately pr otect the e ssential records of t he C ity of S an A ngelo, and to properly preserve those records of the City of San Angelo that are of historical value. Requirements of Program: The R ecords M anagement Program requires al l d epartments t o es tablish retention schedules f or all r ecords created or received by their department. In accordance with records retention schedules, which have been filed with the Texas State Library, a ll City departments are to inventory their departmental records each year and destroy those records, which have met the retention periods established in the schedule. After authorization is given f or destruction, the departments s hall de stroy t hose eligible records. The y early m aintenance of department records lessens the need to purchase additional storage cabinets or boxes to store inactive records and provides cost savings for the City. Records Inventories: 1995 was the first year the inventory phase went into effect, requiring each department to inventory the records in their department. All inactive records retained 5 years or longer are candidates for low-cost inactive storage, giving room in departmental filing cabinets for active records. Out of retention records are destroyed according to their related schedules. The following table represents a summary of the cubic feet of records destroyed since 1995:

0200400600800

100012001400

1994

-95

1996

-7

1998

-9

2000

-1

2002

-3

2004

-5

2006

-7

2008

-09

2010

-11

* 2003-4 and 2005-06 were the result of an in-depth review/destruction of out of retention records As a m atter of comparison, one two-drawer letter filing cabinet equals approximately 3 cubic feet of records. The year to date total of all records destroyed since inception of the Program equals 5,940 cubic feet or 1,980 two-drawer filing cabinets. Considering that a filing cabinet costs approximately $300, the estimated total cost savings over the past ten years, in filing equipment alone, is $594,400. In 2004-5, staff was not able to conduct a massive destruction process due to additional duties assigned to the department and personnel changes. With the in-depth destruction in 2003-4, s taff was able to audit existing

department files and change various department records retention schedules to accommodate and facilitate the process at the new facility at Fort Concho. In 2005-6, staff was able to conduct a massive destruction of over 598.6 cubic feet or 199 two-drawer filing cabinets. Department staff has provided in-depth assistance to two departments to further develop their records management program. Permanent record storage costs are .25 per box. With additional departments taking an active approach in their RM program, storage cost will continue to escalate $150 to $200 per year. Since 2007 to date, staff has diligently worked with various departments on their destruction schedule. Annual destruction has remained steadily flat. S taff has also been successful in engaging inactive departments in the program. D ue t o the v arious o ffice m oves an d relocations, d epartments have a b etter a ppreciation f or the program as they are able to easily dispose of inactive/obsolete records. In September 2009, staff worked to prepare all City Hall departments for the relocation due to the City Hall renovation project. We meet individually with all departments to inventory their records and ensure the proper procedure was followed. The majority of t he departments submitted record schedule amendments; thereby, updating, revising, and/or reducing the time documents were kept within their offices. The amendments have been forwarded to and pending final approval from the State Archives Commission. In December 2009, City Hall relocated into its temporary location. Based on the revised retention schedules, Departments were able to store additional records off-site. Total records destroyed due to this process were 700 cubic feet or 233 two-drawer filing cabinets. In January 2010, the build out of the Tom Green County (TGC) Basement for records storage purposes was completed (based on contract agreement between TGC for the use of the former Hemphill Wells building as the future Library). We purchased shelving and began moving records from City Hall and current facility to the TGC Basement. In Spring 2011, the additional permanent storage at the paid facility was cancelled. Storage relocation cost from this facility was $6,000. The records were relocated to TGC resulting in additional savings of $10,000 which will be used to purchase additional shelving, records management software, and possibly fund additional staff specifically dedicated t o t he r ecords management function. In Summer 2011, T GC proposed exchanging a vacant b uilding f or t he s torage sp ace in t he T GC B asement. The v acant b uilding i s l arger an d a llows f or separate storage rooms. Attorneys are currently reviewing the amendment to the original lease document. Ongoing Projects: Departments conduct their annual inventory review in January of each year. Departmental liaisons also review their current Records Retention Schedule for any possible amendments to better accommodate their work flows within the guidelines of the adopted State Schedules. As of December 2000, the City Clerk’s Office has utilized the City’s storage facility located on the Fort Concho Museum g rounds for non -permanent records s torage. Annual s torage co st savings is an estimated $ 8,000. However, it should be noted that city staff struggle to continue the level of service expected by departments due to the decreased assistance given the City Clerk’s Department by the Building Maintenance Department as a result of reduced s taffing and project workload. The City Clerk’s Department has made ar rangements with Municipal Court maintenance personnel to assist with retrieval and stocking of requested records at the facility. We ha ve a lso t aken t he o pportunity t o ut ilize the Municipal C ourt’s Alternative W ork P rogram, a .k.a. Community Service Workers, which saves our department approximately $500 in labor costs. It's es timated that m ore t han 9 0% o f the records b eing cr eated today a re e lectronic. C oupled w ith t he overwhelming growth of electronic messages - most notably e-mail and instant messaging - the management of

electronic records has become a critical business issue. How that information is managed has significant business, l egal, a nd t echnology r amifications. U ltimately, i t doe sn't matter w hat m edium i s us ed t o c reate, deliver, or store information when determining if content is a record and should be managed accordingly. Staff will be conducting needs assessments for these types of records as well as assisting department liaisons with training and management of these records. In 2007, Council authorized the purchase of a centralized email server that would save all City emails, with the exception of the Police Department. Staff will meet with key department staff to create retention schedules and appropriate records maintenance process. In 2011, s taff made concentrated ef forts due to t he nu merous f iles g enerated by t he C ity of S an A ngelo. Revisions to existing retention s chedules were r evised based on the updated State schedules. The schedule revisions cr eated a n ad ditional demand t o t his overburdened department. Due to insufficient s upport s taff, facilitating the transfer of records and related duties continues to be a struggle for this department. For 2012, we are preparing to transfer records back to the renovated City Hall. Additional efforts will be made to move the TGC Keyes basement records to the new location. Financial Impact: Program costs for fiscal year 2010-11 was approximately $23,365 with $1,410 expended for supplies (boxes, labels, etc), $1,790 for destruction of confidential and out of retention records, $14,074 for s torage (includes relocation of facility and transfer charges), and $9,117 for new shelving. Based on relocating and transferring all permanent s tored records to the new TGC Keyes facility, total funding budgeted for f iscal year 2011-12 decreased to $7,900. Department anticipates relocating to another building offered by TGC. Should this occur in 2012, operating and maintenance expenses will increase by $3,800. Supplies are expected to increase due to changes in department records retention schedules, increase in department participation, and additional records inventory of these records.

02000400060008000

10000120001400016000

2003-4 2007-8 2009-10 Projected2011-12

SuppliesDestructionStorage

Conclusion: In conclusion, the City’s Records Management Program exists with an excellent working relationship having been e stablished b etween the R ecords Management Division, C ity d epartments, the Municipal C ourt Maintenance staff, and Community Service Program. Further positive support of the liaisons and Department Heads will allow the City’s records management program ????, and City Council has allowed the City’s records program to be extremely successful and set the standard for municipal records management.

The n ext l evel in the program w ould b e to h ave a framework f or I ntegration o f E lectronic D ocument Management System and an Electronic Records Management System. Staff is currently visiting with vendors regarding our City’s specific needs and expectations.

City of San Angelo






Caption: Consent A genda. C onsideration of a R esolution aut horizing t he C ity Manager t o execute an amendment to the Contract for Twin Buttes Reservoir with the Bureau of Reclamation.

Summary: The proposed am endment provides for a c hange to the i rrigation season as set forth in the original contract. The amendment will change the irrigation season from February 1 through October 31 to year round. The amendment also recognizes the agreement between the City and the Irrigation District which limits the District’s annual usage of available water from the reservoir. History: Twin Buttes Reservoir was a multi-purpose project that provides flood control on the Concho rivers; water supply to San Angelo; and irrigation water to the District at Veribest.

Financial Impact: None. Other Information/Recommendation: The proposed amendment will recognize the use of water by t he I rrigation D istrict dur ing t he w inter m onths for c ool w eather c rops s uch as w heat. T he amendment will not change any of the City’s allocation of water in the reservoir. Attachments: Resolution, Amendment #9, and Letter from Bureau of Reclamation Presentation: None. Publication: N/A Reviewed by Service Area Director: Will Wilde, Water Utilities Director, January 6, 2012

A RE SOLUTION O F T HE CI TY C OUNCIL F OR T HE CI TY O F S AN ANGELO AUT HORIZING T HE CI TY M ANAGER O R H IS DE SIGINEE TO EXECUTE AMENDMENT NO. 9 TO CONTRACT NO. 14-06-500-368, SAN AN GELO P ROJECT, WITH TH E U NITED S TATES, BUREAU O F RECLAMATION, PROVIDING F OR AL LOCATION OF WA TER AN D RECOGNIZING T HE CH ANGE I N I RRIGATION S EASON FOR PROJECT WA TER D ELIVERED TO TH E TOM G REEN C OUNTY WATER CONTROL DISTRICT NO. 1

WHEREAS, t he S an A ngelo Water S upply C orporation a nd the U nited S tates entered into Contract No. 14-06-500-368, dated June 18, 1959, for the repayment of the City’s allocated share of the San Angelo P roject construction costs in accordance with Reclamation Law, s aid contract having been amended and supplemented; and, WHEREAS, the Contract provides for the regulation and utilization of the Project Water supply; and, WHEREAS, Amendment No. 8 t o the C ontract, d ated S eptember 8, 2008, transferred and assigned all duties, rights, and privileges of the Contract from the San Angelo Water Supply Corporation to the City of San Angelo; and, WHEREAS, it i s in the mutual interest of the parties to the Contract to amend the Contract to acknowledge that the Tom Green County Water District No. 1 and the City of San Angelo may agree to their a llocation of th e P roject w ater s upply, and to reflect the cha nge i n the i rrigation season from February 1st through October 31st , to year round use:

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The City Manager or his designee is hereby authorized to execute Amendment No. 9 to Contract No. 14-06-500-368 between the City of San Angelo and the United States, Bureau of Land Reclamation, providing for allocation of the Project water supply and to reflect the change in the irrigation season from February 1st through October 31st , to year round use.

PASSED and APPROVED THIS DAY OF , 2012.


Attest: Alvin New, Mayor Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: ______________________________ ______________________________ Lysia H. Bowling, City Attorney Will Wilde, Water Utilities Director

MEMORANDUM

DATE: January 10, 2012 TO: Harold Dominguez, City Manager FROM: Elizabeth Grindstaff, Asst. City Manager SUBJECT: Agenda Item for January 17, 2012 City Council Meeting CONTACT PERSON: Elizabeth Grindstaff, Asst. City Manager PHONE NUMBER: 325.657.4241 CAPTION: Oral Resolution supporting a Texas Alcohol Beverage Commission (TABC) protest by San Angelo Police Chief Tim Vasquez SUMMARY: When a prospective business owner applies for a permit to sell alcohol, there is a period during which individuals and entities may protest the desired permit. There is currently an application to establish the Throttle Down Saloon at 4742 North Chadbourne Street. HISTORY: See attached TABC Protest forms completed by Chief Tim Vasquez and TABC Agent Shuddell Lindsey. RECOMMENDATION: Staff recommends an oral resolution to document the San Angelo City Council’s support and concurrence with the protest submitted on December 28, 2011, to the TABC by Police Chief Tim Vasquez. FINANCIAL IMPACT: None as a result of this action. ATTACHMENTS: TABC Protest Forms (2)

City of San Angelo

Memo Meeting Date: January 3, 2011

To: City Council members

From: Kari LeBoeuf, Planner

Subject: Z 11-23: First Financial Bank

A request for approval of a Zone Change from Planned Development (PD) to Single-Family Residential (RS-1) on the following properties: The Homestead, Sections One-A and One-B, Block 1, Lots 3 thru 10, 12 thru 20, 22, 25, 26, 29 and 30, and Block 2, Lots 19 and 20, south of Twin Mountain Drive at Massenburg Drive, in south western San Angelo.

-and-

Subject: Z 11-24: City of San Angelo A request for approval of a Zone Change from Planned Development (PD) to Single-Family Residential (RS-1) on the following properties: The Homestead, Sections One-A and One-B, Block 1, Lots 1, 2, 11, 21, 23, 24, 27, 28, and 31 thru 34, and Block 2, Lot 21, south of Twin Mountain Drive at Massenburg Drive, in south western San Angelo.

Contacts: Chuck Shore, First Financial Bank 325-659-5824

AJ Fawver, Planning Manager 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 11-23: First Financial Bank 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: The Homestead, Sections One-A and One-B, Block 1, Lots 3 thru 10, 12 thru 20, 22, 25, 26, 29 and 30, and Block 2, Lots 19 and 20, south of Twin Mountain Drive at Massenburg Drive, in south western San Angelo, changing the zoning classification from Planned Development (PD) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

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 11-24: City of San Angelo 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: The Homestead, Sections One-A and One-B, Block 1, Lots 1, 2, 11, 21, 23, 24, 27, 28, and 31 thru 34, and Block 2, Lot 21, south of Twin Mountain Drive at Massenburg Drive, in south western San Angelo, changing the zoning classification from Planned Development (PD) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Summary: The City Council may:

approve each of the proposed zone changes as presented; or modify the applications to some alternative zoning classification believed to be more appropriate; or

deny each of the proposed zone changes as presented.

Recommendation: Planning Commission and Planning staff recommends approving both of the proposed zone changes. Planning Commission voted unanimously (6-0) to approve each of the proposed zone changes.

History and Background:

PD 06-01 was approved by City Council on June 20, 2006. This Planned Development calls for several community areas along with single-family residences that must generally conform to an RS-1 (Single-family Residential) District. The original developer of this PD has since gone out of business and the majority of the property not already sold to private individuals has reverted to First Financial Bank. Lots will likely be sold individually. General Information

Existing Zoning: Planned Development (PD) Existing Land Use: Vacant lots and single-family homes Surrounding Zoning/Land Use: North: RM-1 Undeveloped Lots West: PD Undeveloped Lots South: R & E Undeveloped Lots & Residences East: RS-1 Undeveloped Lots & Residences

Thoroughfares/Streets: Twin Mountain Drive is classified as a

major “arterial” street designed to carry heavy traffic throughout the city. Massenburg Drive, Lydian Court, Margaret Lane are all classified as “local” streets designed to carry light neighborhood traffic.

Zoning History: PD 06-01 was established June 20, 2006.

This land was previously zoned Ranch & Estate (R & E).

Applicable Regulations: Zoning Ordinance Section 212.A.2.a. “An application for an amendment of the

Official Zoning Map…shall only be filed by…a person, firm or corporation that, together or separately, is an owner of the subject property.”

Section 212.A.2.d. “An application for an amendment of the

Official Zoning Map…shall only be filed by…

the Planning Director, acting in his/her capacity as technical advisor to the Planning Commission.”

Development Standards: Zoning Ordinance Section 501.A. 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

Special Information

Traffic Concerns: There are no traffic concerns as this area

is being developed with single-family homes on fully improved “local” streets.

Parking Requirements: Zoning Ordinance Section 511.B. Two off-street parking spaces are required

for each single-family residences. Section 511.D.1. “All required off-street parking spaces shall

be located on the same lot or tract of land as the building and/or activity they are intended to serve”

Section 511.F.3. “All areas used for required off-street parking

shall be paved” Notification Required?: Yes Notifications Sent: 15

Responses in Favor: 0 Responses in Opposition: 0

Analysis:

In order to approve this request, the City Council members are required to find that:

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, stormwater 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.

As the original developer will no longer be involved in the development of these lots, there is no financial backing to ensure the development of the several community buildings and open spaces originally planned for in the Planned Development (PD). Each platted lot in this subdivision is now owned either by private individuals or First Financial Bank. The bank has requested a zone change to facilitate ease of transfer of the ownership of lots, as the unusual zoning creates extra steps that prospective buyers must go through in order to obtain building permits for new single-family homes. The issue of equity among the community is also at stake, as it is very difficult to require all land owners to financially contribute to the required common areas as originally envisioned when the development was first conceived. The Planning Director, on behalf of the City, has initiated a zone change request for those lots within this subdivision not owned by the bank in order to maintain consistent zoning with the surrounding area and complement the Comprehensive Plan’s Vision map which calls for neighborhood in this area. Staff finds that these changes represent the “changed conditions” criteria as outlined in the ordinance.

A zone change from PD to RS-1 will not affect the current property owners as the PD calls for the homes in this subdivision to be built to RS-1 (Single-Family Residential) standards. It remains compatible with the surrounding area, current plans, and City policies.

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; copy of draft ordinances.

Presentation: AJ Fawver, Planning Manager Reviewed by: AJ Fawver, Planning Manager (12/13/11)

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: The Homestead, Sections One-A and One-B, Block 1, Lots 3 thru 10, 12 thru 20, 22, 25, 26, 29 and 30, and Block 2, Lots 19 and 20, south of Twin Mountain Drive at Massenburg Drive, in south western San Angelo, changing the zoning classification from Planned Development (PD) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 11-23: First Financial Bank

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; 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: The Homestead, Sections One-A and One-B, Block 1, Lots 3 thru 10, 12 thru 20, 22, 25, 26, 29 and 30, and Block 2, Lots 19 and 20, south of Twin Mountain Drive at Massenburg Drive shall henceforth be permanently zoned as follows: Single-Family Residential (RS-1) District.

The Director of Planning is hereby directed to correct zoning district maps in the office of 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.

INTRODUCED on the 3rd day of January, 2012 and finally PASSED, APPROVED AND ADOPTED on this the 17th day of January, 2012.


by:____________________________________

Alvin New, Mayor

ATTEST:

by:________________________________ Alicia Ramirez, City Clerk

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: The Homestead, Sections One-A and One-B, Block 1, Lots 1, 2, 11, 21, 23, 24, 27, 28, and 31 thru 34, and Block 2, Lot 21, south of Twin Mountain Drive at Massenburg Drive, in south western San Angelo, changing the zoning classification from Planned Development (PD) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 11-24: City of San Angelo





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: The Homestead, Sections One-A and One-B, Block 1, Lots 1, 2, 11, 21, 23, 24, 27, 28, and 31 thru 34, and Block 2, Lot 21, south of Twin Mountain Drive at Massenburg Drive shall henceforth be permanently zoned as follows: Single-Family Residential (RS-1) District.





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.





by:____________________________________

Alvin New, Mayor

ATTEST:


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: The Homestead, Sections One-A and One-B, Block 1, Lots 1, 2, 11, 21, 23, 24, 27, 28, and 31 thru 34, and Block 2, Lot 21, south of Twin Mountain Drive at Massenburg Drive, in south western San Angelo, changing the zoning classification from Planned Development (PD) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 11-24: City of San Angelo





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: The Homestead, Sections One-A and One-B, Block 1, Lots 1, 2, 11, 21, 23, 24, 27, 28, and 31 thru 34, and Block 2, Lot 21, south of Twin Mountain Drive at Massenburg Drive shall henceforth be permanently zoned as follows: Single-Family Residential (RS-1) District.











by:____________________________________

Alvin New, Mayor

ATTEST:


City of San Angelo

Memo

Meeting Date: December 20, 2011


From: Kari LeBoeuf, Planner

Subject: Z 11-19, a request for approval of a zone change from Two-Family Residential (RS-2) District to Low Rise Multi-family Residential (RM-1) District on the following property:

Location: 80 East 18th Street, on the northwest corner of East 18th Street

and Henderson Street, specifically the Lasker Addition, Block 29, Lot 9, in north central San Angelo.

Contacts: William Hickman 325-212-5420

AJ Fawver, Planning Manager 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 11-19: Maranatha Church

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: 80 East 18th Street, on the northwest corner of East 18th Street and Henderson Street, specifically the Lasker Addition, Block 29, Lot 9, in north central San Angelo, changing the zoning classification from Two-Family Residential (RS-2) District to Low Rise Multifamily Residential (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


approve the proposed zone change as presented; or modify the application to some alternative zoning classification believed to be more appropriate, in which case another public hearing will need to be scheduled.

deny the proposed zone change as presented; or

Recommendation: Planning Commission and City staff recommend approving the proposed Zone Change. Planning Commission’s vote of approval was 5-1 with Ben Jenkins dissenting.


General Information for Existing Use

Existing Zoning: Two-Family Residential (RS-2) Existing Land Use: Vacant Apartments Surrounding Zoning/Land Use: North: RS-2 Residences West: RS-2 Residences South: RS-2 Residences East: RS-2 Church

Thoroughfares/Streets: East 18th Street is classified as a “local” street

which is designed to carry light neighborhood traffic. Henderson Street is also classified as a “local” street. East 19th Street, one block north, is classified as a “collector” street designed to collect the light neighborhood traffic and carry it all to the larger thoroughfares that connect points of interest throughout the city.

Zoning History: Prior to 2000, this lot was zoned R-2 which

translated to RS-2 with the new Zoning Ordinance. On September 18, 2006, CU 06-13 was granted allowing for meeting and educational facilities for a church on this site.

Applicable Regulations: Zoning Ordinance Section 303. Residential District Intent Statements

“C. RS-2 (Two-Family Residential) District The Two-Family Residential District is intended to

provide opportunities for development of detached single-family residences and two-family residences at medium densities.”

Section 501. Residential Development Standards: Minimum Lot Size – 6,500 sq ft. Minimum Front Yard – 25 ft

Minimum Side Yards – 5 ft Minimum Rear Yards – 20 ft Maximum Floor Area Ratio – 0.5 (50%) Maximum Building Height – 35 feet Vision Plan Map: Neighborhood

Special Information for Proposed Use

Proposed Zoning: Low Rise Multifamily Residential (RM-1) Proposed Land Use: Small Group Living Facility Applicable Regulations: Zoning Ordinance Section 303. Residential District Intent Statements

“E. RM-1 (Low Rise Multi-Family Residential) District. The Low Rise Multi-Family Residential District is intended to provide opportunities for development of low-rise, two-story or walk-up apartments.”

Section 501. Residential Development Standards: Minimum Lot Size – 7,000 sq ft. Minimum Front Yard – 25 ft

Minimum Side Yards – 10 ft Minimum Rear Yards – 20 ft Maximum Floor Area Ratio – 0.75 (75%) Maximum Building Height – 35 feet Maximum Density – 25 units per acre

Section 313.A.1. Group Living Characteristics “Group Living is characterized by the residential occupancy of a structure by a group of people who do not meet the definition of Household Living. The size of the group may be larger than the average size of a household. Tenancy is arranged on a monthly or longer basis. Group Living structures may often, but are not required to have a common eating area for residents.” Section 310. Use Table Group Living is allowed by-right in RM-1 Districts.

Related Comp Plan Excerpts: 2009 Strategic Plan Vision Plan Neighborhoods Intent Statement “This section is intended to preserve and

reinforce the stability and diversity of San Angelo neighborhoods while allowing for increased density in order to attract and retain long-term residents and businesses, and ensure the City’s residential quality and economic vitality.”

Transition Areas Goal 2 “Blend intensive commercial areas into

neighborhoods seamlessly. Transition Areas should be used to graduate density…and provide areas for increased housing…options not currently being met.”

Traffic Concerns: There are no traffic concerns regarding this as the

lot is on a corner and only one block from a major collector street.

Parking Requirements: Zoning Ordinance Section 511.B. One (1) parking space per

residential unit within a group living home. Parking Provided: None currently provided. The applicant has a

concurrent application requesting a variance from the required parking. This application will go before the Zoning Board of Adjustments for consideration on December 5, 2011.

Notification Required?: Yes Notifications Sent: 11


Analysis:

In order to approve this request, the City Council is required to find that: 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, stormwater 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. On this lot currently sits two small vacant apartment buildings that operated as such for many years, and have been vacant for only a few years. Since this vacancy exceeded one year, the former legally non-conforming status has been lost. This lot is currently zoned RS-2, which is intended for higher density residential such as duplexes and townhomes. A change to RM-1, intended for small apartment buildings, is not a significant increase (25%) in the Floor Area Ratio (FAR) per lot for this neighborhood and would fit with the previous use of the lot. Also, this lot is larger than the minimum RS-2 lot size and meets the minimum lot size for RM-1. Further, this lot is a corner lot one block from a larger thoroughfare. This has some advantages. First, the slight increase in traffic would not have to wind through the neighborhood and so would reduce any impact that could result. Second, it is across the street from a church on Henderson and a car storage yard off of East 19th Street just north. This higher density residential use will help to graduate the intensity between the RS-2 zoning and the nonresidential uses adjacent to it. The Comprehensive Plan’s Vision map calls for ”neighborhood” on this lot and the neighborhood south of East 18th Street. Also, the Vision Map calls for “commercial” zoning along East 19th Street for many blocks east and west of this lot. As a result, this lot backs to that commercial zoning district. This lot, therefore, falls into a transition area. The Comprehensive Plan calls for an increase in the density and types of residential units offered within the City to support the City’s growth and “ensure residential quality and economic vitality.”

Additionally, the Comprehensive Plan calls for transition areas to “blend…commercial areas into neighborhoods [and] graduate density…and provide areas for increased housing…options not currently being met.” This proposed change meets with the intent of the Comprehensive Plan as well as the development patterns of the city as envisioned by the Vision map. Further, this zone change meets the community need for diversified housing options.

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

excerpt from zoning map, highlighting subject property; excerpt from Vision Plan map, highlighting subject property; aerial photo, highlighting subject property; and draft ordinance. Presentation: AJ Fawver, Planning Manager Reviewed by: AJ Fawver, Planning Manager (11/15/11)

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: 80 East 18th Street, on the northwest corner of East 18th Street and Henderson Street, specifically the Lasker Addition, Block 29, Lot 9, in north central San Angelo, changing the zoning classification from Two-Family Residential (RS-2) District to Low Rise Multifamily Residential (RM-1) District, PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 11-19: Maranatha Church





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: 80 East 18th Street, on the northwest corner of East 18th Street and Henderson Street, specifically the Lasker Addition, Block 29, Lot 9, shall henceforth be permanently zoned as follows: Low Rise Multifamily Residential (RM-1) District.









INTRODUCED on the 20th day of December, 2011 and finally PASSED, APPROVED AND ADOPTED on this the 3rd day of January, 2012.


by:____________________________________

Alvin New, Mayor

ATTEST:


City of San Angelo

Memo Meeting Date: January 3, 2012


From: Jeff Hintz, Planner

Subject: SU 11-04, Request to amend Special Use 06-02 that presently allows

for the sales of automobiles and light trucks, to add a provision allowing for the sales of trailers, on the following property:

Location: 20 N. Bell Street at the southeast corner of the intersection of N. Bell

Street and Preusser Street, specifically occupying Eckert’s Addition, Block 1, Lot 1 in eastern San Angelo.

Purpose: Approving this Special Use will allow for the sales of trailers on the

subject property.

Contacts: William Sartain 450-2818

Jeff Hintz, Planner 325-657-4210

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

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

SU 11-04: William Sartain

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: 20 N. Bell Street at the southeast corner of the intersection of N. Bell Street and Preusser Street, specifically occupying Eckert’s Addition, Block 1, Lot 1 in eastern San Angelo. Amending the current Special Use 06-02 on the site that currently allows sales of automobiles and light trucks, to add an allowance for trailer

sales, excluding Semi-trailers and sea containers, on property in a Neighborhood Commercial (CN) district; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


(1) Approve the proposed Special Use as requested; or

(2) Approve the proposed Special Use subject to certain conditions intended, for

example, to make it more compatible in its particular environment; or

(3) Deny the requested Special Use; or

(4) Modify the application to some alternative zoning classification believed to be more appropriate, in which case another public hearing will need to be scheduled.

Recommendation: Planning staff recommends approving the Special Use, subject

to conditions as listed below. On December 19, 2011 the Planning Commission recommended approval by a vote of 6 to 0.


General Information

Existing Zoning: Neighborhood Commercial (CN) Existing Land Use: Former auto dealership, currently vacant Surrounding Zoning/Land Use: North: RS-1 Vacant lot West: RS-1 Single-family residence, salon South: CG/CH Vacant lot East: RS-1 Single-family residences

Thoroughfares/Streets: N. Bell Street is classified as a “minor arterial

street” within the thoroughfare plan. Preusser Street is defined as a “local street” within the thoroughfare plan. “Local streets” are designed to carry light neighborhood traffic while a “minor arterial street” is designed to intersect with freeways, collectors, and local streets and have limited driveway access.

Zoning History: SU 06-02 allows for the sales of automobiles and light trucks on the site.

Z 06-01 changed the zoning from RS-1 to

Neighborhood Commercial (CN) Applicable Regulations: Article 10.1001of the City Ordinances pertains to

Traffic Control. Commercial vehicle is defined as, “Every vehicle, including motor vehicles and trailers, designed, maintained or used primarily for the non-recreational transportation of property and/or people and the gross weight of which exceeds three and one-half (3-1/2) tons. This definition shall never be construed to include motor vehicles commonly known as "pickup trucks".

Development Standards: Neighborhood Commercial zoning has a Floor

Area Ratio (F.A.R) of .6 Vision Plan Map: Neighborhood Related Comp Plan Excerpts: Within concept 1 of the vision portion of

the comprehensive plan, a goal is to balance the urban geography by reducing sprawl in one direction. This concept encourages infill development and a more efficient use of existing infrastructure.

Special Information

Traffic Concerns: Since the property currently sits vacant, some additional traffic could potentially be generated with the re-opening of a business use.

Parking Requirements: Section 10.1002 of the City Ordinances states

that, “It shall be unlawful for any person to park a commercial vehicle, trailer, semi-trailer, pole trailer, truck tractor or recreational vehicle on a street or lot in a residential district or on a street bordering a residential district.”

One off-street parking space is required for every

200 Square Feet of floor area Parking Provided: N/A Related Specific Use Standards: Special Use 06-02 outlines several

conditions which consist of the following:

• Sales are to be restricted to automobiles and light trucks

• The surface of the automobile display area shall be paved

• Wheel stops or barriers are to be used to separate the paved areas from public rights-of-ways

• One driveway shall be permitted to any sales areas accessible from N. Bell Street

• A privacy fence shall be installed along the entire east side of the property

• Lighting fixtures shall not extend above fifteen feet and shall be of low intensity; said fixtures shall direct illumination below fifteen feet and away from nearby residences

Density: Medium density RS-1 lots are in the area,

however many are currently vacant Notification Required: Yes Notifications Sent: 15


Analysis:

In order to approve this request, the Planning Commission members are first required to find that:

1. Impacts Minimized. Whether and the extent to which the site plan minimizes adverse effects, including adverse visual impacts, on adjacent properties.

2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed special use would conflict with any portion of this Zoning Ordinance, including the applicable zoning district intent statement.

3. Compatible with Surrounding Area. Whether and the extent to which the proposed

special use is compatible with existing and anticipated uses surrounding the subject land.

4. Traffic Circulation. Whether and the extent to which the proposed special use is likely to result in extraordinarily prolonged or recurrent congestion of surrounding streets, especially minor residential streets.

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

6. Community Need. Whether and the extent to which the proposed special use

addresses a demonstrated community need.

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

The staff recommendation is based upon the statements listed below. Staff believes that the amendment to the Special Use currently on the property to include trailers will have minimal impact on the surrounding properties and is compatible with the surrounding area. There are presently other establishments on N. Bell Street that are in a similar business. The size of this property in itself will limit the amount of trailers that can be placed on the site; it should also be noted that the Special Use allows the sales of automobiles and light trucks, many more automobiles will fit onto this site when compared with trailers. Several conditions within the special use protect the surrounding residential properties and the visual impact of trailer sales should be similar to that of automobiles. Staff believes that the sales of trailers are compatible with the surrounding area and that the development patterns of the area will not be altered by this Special Use amendment. Staff also feels that the locating of businesses on vacant parcels of land within the city limits is consistent with the intent of the Zoning Ordinance and Comprehensive Plan. Since this is an amendment to the previous Special Use approved in 2006, staff believes that the development of the area has remained consistent with the Vision Plan Map and that adding trailer sales to the Special Use will not alter development patterns for the area. Since the lot is on a corner and there is a residence directly to the east of the property, it is believed that the location of such a business would not limit future residential development in the area as it potentially could if the property to the east were presently undeveloped. Staff does not anticipate any negative effects on the natural environment from this proposed amendment. The property is already developed and improved for use as per the conditions outlined in this report from Special Use 06-02. Staff does not believe that allowing the sales of trailers will be a detriment to the environment on or around the surrounding property. Staff also believes that traffic patterns will be consistent with what is currently in place for the area. The addition of trailers will likely generate more traffic than if the lot remained vacant; however it should also be noted that the sales of automobiles likely generates more traffic than that of trailers at this location due to inventory limits the lot will allow.

Proposed Conditions

Sales of semi-trailers or “sea containers” for use in conjunction with an “18 wheeler” or semi-tractor will not be allowed on the subject property.

Attachments: excerpt from zoning map, showing the general location within

the City of San Angelo; excerpt from the comprehensive plan’s 2009 vision map; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; draft minutes from Planning Commission; citizen notification responses; and draft ordinance.

Presentation: AJ Fawver, Planning Manager

Reviewed by: AJ Fawver, Planning Manager (12/12/11)

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

A. SU 11-04: William Sartain

a request to amend Special Use 06-02 that presently allows for the sales of automobiles and light trucks, to add a provision allowing for the sales of trailers, on the following property: 20 N. Bell Street at the southeast corner of the intersection of N. Bell Street and Preusser Street, specifically occupying Eckert’s Addition, Block 1, Lot 1 in eastern San Angelo.

Jeff Hintz, Planner, came forward to present this item, consistent with the staff recommendation of approval. Fifteen notifications were sent out, with 2 received in favor and 1 received in opposition. The notifications returned were distributed to the Commission. The subject property is located to the east of the downtown area. The subject property is zoned as CN, and currently has a Special Use that allows the sale of automobiles and small trucks. The current site was zoned to CN in 2006. The site is a vacant lot with an office. There is a mix of RS-1 and CG/CH zoning in the immediate vicinity of the site. Mr. Hintz reviewed the conditions from the original SU 06-02, which staff recommends leaving as-is. Many of these conditions were intended to protect the surrounding residential area. Staff recommends an added condition that semi-trailers and sea containers not be allowed on the site. The proponent is requesting that this new SU incorporate the ability to sell trailers on-site. Staff believes this type of use is a lower intensity. The size of the site will automatically limit placement of trailers. There will also be limited foot traffic. One of the Comprehensive Plan calls for bringing infill development to underutilized areas, and this helps to maintain activity on the site. Ben Jenkins asked Mr. Hintz to point out the existing driveway. William Sartain, the proponent, came forward to speak in favor of this request. He confirmed that the area is paved. He discussed the number of commercial areas up and down Bell Street. Sam Tambunga asked what types of trailers will be placed, and Mr. Sartain replied that these are flat-bed trailers of the bumper-pull and gooseneck variety. No one else came forward. Joe Grimes noted that there are a number of commercial businesses up and down Bell Street. Ben Jenkins noted that, when this originally came forward in 2006, he opposed it. He felt trailers would look better than used cars. The lot appears nicer than it did before. He felt adding this would not create more of an issue than already exists. Bill Wynne asked which lot had written in in opposition. Mr. Hintz pointed out this lot. The concern was traffic in the vicinity. However, the conditions of the original Special Use take this into account. Motion, to approve as presented, was made by Ben Jenkins and seconded by Bill Lawrence. The motion passed unanimously, 6-0.

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT "A" OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, \NHICH 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 DESCRIBED PROPERTY, TO WIT: a vacant lot at the southeast corner of Preusser and North Bell Streets, specifically occupying Lot 1 in Block 1 of Eckert's Addition in east central San Angelo, approving a Special Use to allow sales of automobiles and light trucks on this property, subject to conditions specified herein; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: SU 11-04: William Sartain WHEREAS, on the 16th day of May, 2006, the governing body for the City of San Angelo adopted an ordinance amending the basic zoning chapter for the City of San Angelo, specifically, by approving a CN (Neighborhood Commercial)District on Lot 1 in Block 1 of Eckert's Addition in the City of San Angelo; and WHEREAS, the Planning Commission and the City Council for the City of San Angelo in May of 2006, in compliance with the charter and state law with reference to zoning regulations and a zoning map, have given required notice by publication and otherwise, and after holding public hearings and affording a full and fair hearing to all interested persons and property owners within the affected area and vicinity, it is deemed appropriate that additional zoning changes should be made as set out herein; and WHEREAS, the applicant William Sartain desires to amend the Special Use via SU 11-04 in order to add “light trailers” to the group of items specifically authorized for sale on the aforementioned property and seeks permission from the appropriate governing bodies within San Angelo, subject to the conditions as described herein; and WHEREAS, the Planning Commission and the City Council as 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 additional zoning changes should be made as set out herein; 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: Lot 1in Block 1 of Eckert's Addition in east central San Angelo, shall have a Special Use allowing sales of automobiles and light trucks on this property, subject to conditions specified in Section 5 below. Said special uses shall have no fundamental effect upon its underlying or base zoning classification. The Director of Planning is hereby directed to correct the 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.


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 sale of automobiles and light trucks on the specific subject property of this Ordinance shall comply with all the following conditions:

1. Vehicle sales shall be restricted to automobiles and light trucks; semi-trailers or sea containers shall now be allowed to be sold or stored on this site.

2. The surface of the automotive storage/display area shall be

paved, in accordance with minimum standards defined in the Zoning Ordinance.

3. Suitable wheel stops or barriers shall be provided to separate the

paved automotive storage/display area, from public rights-of-way for both Preusser and North Bell Streets.

4. A "sight triangle" extending for at least 30 feet from the

intersection of property lines along Preusser and North Bell Street rights-of-way shall not be paved or used for automotive storage/display.

5. A single driveway entrance/exit shall be permitted to any vehicles

sales business on this property, accessible only to North Bell Street.

6. All lighting fixtures installed on this property shall not extend above

a level of fifteen feet (15'), and said light fixtures shall be of low intensity and designed to direct illumination below a level of fifteen feet (15') and away from nearby residences.

7. A privacy fence shall be installed or provided for along the entire

east side of this subject property, as outlined in Chapter 5 of the Zoning Ordinance.

INTRODUCED on the 2nd day of May, 2006 and finally PASSED, APPROVED AND ADOPTED on this the 16th day of May, 2006.

SECTION 6: Amending this document to include the sales of trailers with the exception of sales and storage of sea containers or trailers for use in conjunction with a semi-tractor.

INTRODUCED on the 3rd day of January, 2012 and finally PASSED, APPROVED AND ADOPTED on this the 17th day of January, 2012


by:____________________________________

Alvin New, Mayor

ATTEST:

by:________________________________ Alicia Ramirez, City Clerk.

City of San Angelo

Memo Date: 01-10-12


From: Ricky Dickson, Director of Operations

Subject: Agenda Item for 01-17-12 Council Meeting

Contact: Ricky Dickson, Operations 657-4206

Caption: Regular

Discussion o f i ssues related t o t rash co llection r equested by Council Member Farmer

Attachments: Code of Ordinance - Article 11: Garbage Collection Presentation: None Publication: None Reviewed by Service Area Director: Ricky Dickson, Operations, 01-10-12

ARTICLE 11.400 GARBAGE COLLECTION*

Sec. 11.401 Duties of Customer

(a) Generally.

(1) To P rovide C ontainers: E very customer shall pr ovide a nd us e a pproved containers sufficient in number to hold the garbage and trash normally accumulating on the premises of said customer.

(2) To Secure C ontainers: E very customer shall ke ep all g arbage and trash containers used by i t securely closed in such manner as to prevent the scattering of the contents t hereof and to r ender s aid contents inaccessible t o i nsects, r odents and other animals.

(b) Garbage Containers; Specifications.

(1) Garbage C ontainers M ust M eet t he F ollowing R equirements: T he cont ainer shall be a w atertight r eceptacle of a dur able g rade of m aterial, not t o exceed thirty (30) gallons in capacity, and the combined weight of the garbage and container shall not exceed sixty (60) pounds. It shall be provided with a suitable, close-fitting cover.

(2) The container m ust not ha ve i nside s tructures, s uch a s i nside ba nds or reinforcing angles or anything within the cont ainer t o prevent t he f ree d ischarge o f the contents. Sturdy cardboard containers or cartons may be used as containers up to their level capacity for material defined as trash, but they will be collected with their contents.

(c) Residential Collection - Placement of Containers. It shall be the duty of each customer of residential premises in the city to place garbage and trash containers at locations as follows:

(1) Premises on A lleys: If t he pr emises f rom which garbage and t rash ar e t o be collected are adj acent t o a de dicated public alley, the customer s hall pl ace al l containers adjacent to the alley at a l ocation on the premises and easily accessible to the collector from outside said premises.

(2) Other P remises: In t he e vent t here i s no alley adjacent t o t he pr emises, t he customer shall pl ace all cont ainers for col lection at curbside on the s treet on w hich said premises are addressed.

(3) Designation of C ollection P oint: In the event it is not pr actical to place containers f or collection a t l ocations he reinabove pr ovided, t he c ity s anitation inspector or hi s dul y authorized representative shall designate the point most easily accessible for collection in such instances.

(4) Time of Placement: All containers shall be placed at the hereinabove prescribed locations not later than seven o’clock (7:00) a.m. on the day of scheduled collection.

(d) Residential Collection - Trash and Brush, Etc. In the event trash is of such a nature that it cannot be placed in approved containers, i t shall be placed in bundles or disposable containers having an outside dimension of not more than four feet (4') and shall be placed for collection as provided in subsection (c) hereof. Brush shall be cut in lengths not to exceed four feet (4') and shall be t rimmed a nd s tacked a t c urbside t o a h eight of not m ore t han t hree f eet ( 3') w ith t he larger e nds pl aced t oward t he c urb or s treet. A ll vi nes a nd t horny bus hes s hall be pl aced i n disposable c ontainers. No bundl e, c ontainer, or other i tem s hall w eigh more t han s ixty ( 60) pounds. Discarded furniture or appliances not exceeding four feet (4') in length and eighty (80) pounds in weight need not be in a container.

Sec. 11.402 Collection of Garbage and Trash

(a) It s hall be the dut y o f a ll r esidential a nd commercial c ustomers to subscribe to a commercial garbage collection service that is licensed by the city. Those commercial customers that generate special types of garbage that are not covered by an exclusive contract entered into pursuant t o t his a rticle shall be a llowed t o us e a ny ot her garbage c ollector dul y pe rmitted pursuant t o t his a rticle. The c ity c ouncil m ay authorize a n i ndividual t o di spose of hi s o wn garbage and trash where hardship is shown. The city manager shall cause an investigation to be made of the circumstances surrounding any application for exception and shall report to the city council on the results of his investigation. A list of such exempt persons shall be kept and given to any city garbage company monthly. The city council may revoke said exemption at any time.

(b) Residence S ervice: The residences of t he city and small professional and bus iness f irms who r eceive t wice a week r egular s ervice h ave be en di vided i nto f air and r easonable t ypes according to their structure and uses, for the purposes of collection of garbage and trash. Fair and reasonable cha rges f or s ervice w here pi ckups a re m ade f rom a lleys or f rom f ront or s ide-line street curbs shall be charged as provided for in t he fee schedule found in the appendix of this code.

(c) Inspection C harge, R eports: I n a ddition t o t he a bove s pecified a mounts, t he c ity s hall charge an inspection fee as provided for in the fee schedule found in the appendix of this code for each customer of all licensed garbage haulers. In all cases wherein the city acts as collecting agent for a licensed garbage hauler, the city shall include such additional fee in the monthly bills for garbage collection. The funds thus obtained shall be retained by the city and shall be separate and distinct from any funds retained by the city according to the terms of any contract existing between the city and such garbage hauler. All private garbage haulers shall submit to the water utilities department a monthly report of the number of customers served by such private garbage haulers and shall remit therewith a sum as provided for in the fee schedule found in the appendix of this code. In the event any private garbage hauler fails or refuses to submit such report and remittance, the city council may immediately revoke the permit granted to such private garbage hauler under the provisions of this code.

(d) Landfill Surcharge:

(1) In a ddition t o t he a bove s pecified a mounts, t he c ity w ill c harge a l andfill surcharge as provided for in the fee schedule found in the appendix to this code for each commercial cus tomer of al l l icensed garbage haulers. In all cases in which the city acts as collecting agent for a l icensed garbage hauler, the city shall include such additional fees in the monthly bills for garbage collection. All private garbage haulers shall submit to the water utilities department a monthly report of the number and type of customers served by such haulers and shall remit therewith a sum as provided for in t he fee s chedule found i n t he a ppendix of t his code. In t he e vent a ny private garbage hauler fails or refuses to submit such report and remittance, the city council may immediately revoke the permit granted to such private garbage hauler under the provisions of this code.

(2) All f unds c ollected hereby s hall be r etained by t he city and shall be s eparate and distinct from any funds retained by the city under any contract between the city and any garbage hauler.

(3) The purpose of this surcharge is to defer the expense of engineering, testing and maintaining the c ity’s landfill in accordance with all s tate a nd federal r ules, regulations and permits; and for future landfill development and expansion.

(e) State Landfill Surcharge Fee:

(1) In addition to the above specified amounts, the city will charge a state landfill surcharge fee as provided for in the fee schedule found in the appendix of this code for each residential cus tomer, for each commercial dum pster ( box), and for each commercial roll of f cont ainer. In all cases in which the ci ty acts as col lecting agent for a l icensed ga rbage ha uler, t he c ity s hall i nclude s uch a dditional f ees i n t he monthly bills for garbage collection.

(2) All pr ivate garbage ha ulers s hall s ubmit to the w ater ut ilities de partment a monthly report of the number and type of customers served by such haulers and shall remit therewith a sum as provided for in the f ee schedule found in the appendix of this code for each residential customer, for each commercial dumpster (box), and for each commercial roll of f cont ainer. In the event an y pr ivate ga rbage hauler f ails or refuses to submit s uch report and remittance, the c ity c ouncil ma y im mediately revoke the permit granted to such private garbage hauler under the provisions of this code.

(3) All f unds col lected hereby s hall be r etained by t he city and shall be s eparate and distinct from any funds retained by the city under any contract between the city and any garbage hauler. The charges set forth under this section will be identified in the water bill as a state surcharge fee.

Sec. 11.403 Garbage and Trash Collectors

(a) Permit to Collect: No person shall empty garbage and t rash containers or receptacles, or convey or transport the contents thereof on the streets, alleys or public thoroughfares of the city for hire, without having first obtained a written permit from the council.

(b) Application for P ermit: A ny person d esiring a pe rmit f or the collection, removal a nd disposal of garbage and trash shall make application for such pe rmit to the council, who shall make or c ause t o be m ade s uch investigations as m ay b e considered necessary i n order t o determine w hether or n ot t he publ ic c onvenience a nd ne cessity requires t he g ranting of s uch permit a nd w hether t he applicant i s a f it a nd pr oper pe rson t o conduct such bus iness. A mong other things the application shall consist of the following:

(1) The application shall set forth the name and address of the applicant; the trade name unde r w hich t he applicant doe s or pr oposes t o do bus iness; t he number of vehicles the applicant de sires to operate; the class, size and design of each vehicle; the f inancial s tatus a nd responsibility of t he applicant; hi s ability to respond in the event of da mages t o pe rsons or pr operty b y reason of t he ne gligent ope rating o f a vehicle on a street or public thoroughfare of the city; the nature and character of the service the applicant proposes to render; the experience he has had in rendering such service; t he pa trons f rom w hom he pr oposes t o r ender t he s ervice; a nd s uch ot her information as may be required.

(2) No pe rmit s hall be i ssued t o a ny applicant he reunder unl ess and unt il s uch applicant has obtained a policy of public liability insurance and has filed with the city clerk a certificate evidencing such policy. Such policy shall:

(A) Include the city as a named insured;

(B) Provide at least thirty (30) days’ written notice to the city as a condition precedent to cancellation;

(C) Insure the public against any loss or damage that may result to any person or property arising out of the applicant’s operation under the permit; and

(D) Provide a m inimum a mount of r ecovery i n s uch pol icy as t o each and every vehicle to be not less than the following amounts:

(i) For i njury t o or de ath of one pe rson i n a ny one a ccident $25,000.00

(ii) For injury to or death of two (2) or more persons in any one accident $50,000.00

(iii) For da mage t o or de struction of pr operty in a ny one a ccident $10,000.00

The t ermination or c ancellation of t he pol icy of i nsurance r equired h erein shall automatically revoke the permit granted under the provisions of this code.

(c) Issuance of Permits: Permits shall be issued to qualified applicants for a period of one year provided, however, that qualified holders of a permit shall be required to pay an initial permit fee as pr ovided f or i n the fee s chedule f ound i n t he a ppendix of t his c ode f or t he f irst year. Thereafter an annual fee as provided for in the fee schedule found in the appendix of this code shall be charged. All permits granted shall be nontransferable and may be revoked by the council after ten (10) days’ notice and hearing before the council upon a finding by said council that the holder thereof is operating under his permit in such a manner as to be detrimental to the public safety, health or the general welfare of the city.

(d) Special C ontracts: B ecause of the la rge investment in special equipment r equired to properly collect the garbage and trash of residential customers, public convenience and necessity requires the council to, from time to time, enter into an exclusive or nonexclusive contract with an established garbage collection company for the collection of garbage and trash of residential customers. Said contract may extend for a period of not more than twenty (20) years, subject to termination prior to its expiration for cause. Said contract may provide that the city will bill the customer f or collection charges t hrough i ts w ater de partment a nd r emittance t o t he c ity unde r such contract shall be in lieu of any permit fees provided in this section, and such contract shall likewise be in lieu of the permit required by this section.

(e) Duties of Collectors:

(1) All t rucks used to haul ga rbage or t rash shall have a completely covered b ed which will fully contain the contents thereof.

(2) The collection, removal and di sposal of a ll garbage, t rash and de bris shall be carried on in a s ystematic, efficient m anner t o keep the ent ire ci ty i n a cl ean and sanitary condition.

(3) Collectors shall make collections of garbage and trash of residential customers with a frequency of not less than twice each week and as of commercial, industrial or institutional customers as required, but in no event less than once a week.

(4) Collectors shall dispose of garbage, trash and debris only at landfills or dumps designated by the city.

Sec. 11.404 Disposal of Garbage, Trash and Debris

(a) Land Fill:

(1) Each p erson a nd l icensed c ollector w ho d umps or di sposes of ga rbage, t rash and other refuse at any land fills or dumps within the city limits shall place or dump such garbage, trash and refuse upon said fills or dumps only at sites and locations as designated by the city. In any event, dumping shall be allowed only at attended and controlled locations.

(2) Each pe rson or l icensed c ollector w ho de sires t o di spose of w aste, ga rbage, trash and refuse at any city landfill or dump shall pay the charges as provided for in the fee s chedule found i n t he appendix of t his c ode for t he pr ivilege of using such areas.

(3) The landfill operator will weigh all loads, including loads brought into the area with their own equipment and shall keep records indicating point of origin and weight of all loads, provided however, the weight of loads brought in cars, pick-up trucks or trailers shall be estimated by the operator, for such records.

(4) Persons s hall be a llowed t o di spose of r efuse a t the c ity la ndfill a t the c ity resident r ate onl y upon presentation t o t he l andfill a ttendant of a recent water bi ll, valid T exas dr iver’s l icense or ot her doc ument s howing t he pe rson’s na me a nd address, and provided said address is located within the limits of the city.

(5) The l andfill ope rator s hall r emit t o t he c ity a f ee a s pr ovide f or i n t he fee schedule found in the appendix of this code for garbage collected by the operator in the city, a separate fee as provided for in the fee schedule found in the appendix of this c ode f or w aste in specified categories de posited in the la ndfill b y or f or c ity residents, as applicable, and a separate fee as provided for in the fee schedule found in t he appendix of t his code for waste i n such specified categories deposited i n the landfill by or for non city residents who live within Tom Green County and a separate fee as provided for in the fee schedule found in the appendix of this code for waste in such specified categories deposited in the landfill by or for people living outside Tom Green County. The landfill operator shall remit to the city a separate fee for car tires, for truck tires, for off road tires and for bulky items deposited in the landfill by or for city residents as provided for in the fee schedule; and a separate fee for car tires, for truck tires, for off road tires and for bulky items deposited in the landfill by or for non city residents as provided for in the fee schedule found in the appendix of this code.

(6) In addition to the above specified amounts, the city will charge a state landfill surcharge fee on uncompacted waste as provided for in the fee schedule found in the appendix of this code for all waste, garbage, trash or refuse brought into the landfill.

(7) The la ndfill ope rator s hall r emit to the c ity all s tate la ndfill s urcharge f ees collected. Any bi lling or doc umentation will id entify the a bove c harge a s a s tate surcharge fee.

(b) Said c harges s hall not a pply t o w aste, g arbage, t rash, or de bris r esulting f rom c ity operations or services.

(c) Any solid waste c ollected b y, or und er contract with, a governmental entity out side t he city limits but within Tom Green County, shall be authorized to dump at the city l andfill only under s pecial cont ract a rrangements w ith the ci ty at t he r ate pr ovided for i n the fee s chedule found in the appendix of this code plus the state landfill surcharge fees specified above.

(d) Any s olid w aste c ollected b y, or und er c ontract w ith, t he f ollowing c ounties o r a governmental e ntity w ithin t he f ollowing c ounties: Sterling, C oke, R unnels, C oncho, M enard, Schleicher, Sutton, Irion and Crockett, shall be authorized to dump at the city landfill only with prior a pproval of t he city c ouncil a t t he r ate p rovided f or i n t he fee s chedule found i n t he appendix of this code plus the state landfill surcharge fees specified above.

Sec. 11.405 Commercial, Institutional and Industrial Customers

(a) Location of Containers: It shall be the duty of the owner or person otherwise in control of the commercial, institutional or industrial premises within the city to cause all garbage and trash accumulated on said premises within the city to be placed at a location on the premises which is readily a ccessible t o the col lector and approved by t he ci ty s anitation inspector. Commercial-type containers s hall be pl aced at a l ocation on t he pr emises arranged by t he cus tomer, and collector, s aid c ontainers t o be s ufficient i n s ize a nd num ber t o ha ndle a ll t rash a nd garbage generated.

(b) Frequency of C ollection: T he c ollection and r emoval of garbage and t rash f rom hous es, buildings and premises used for commercial, institutional or industrial purposes shall be made as often as necessary in order to maintain such premises free of accumulations of garbage and trash. In this regard, garbage collection shall be made not less than one time each week.

(c) Collection and Disposal: Collection of garbage and trash from commercial, institutional or industrial premises shall be performed by a licensed collector. Charges for collection shall be a matter of contract between the customer and collector, based on t he quantity and frequency of collection.

(d) Special C ontracts: B ecause of the la rge investment in special equipment r equired to properly c ollect t he garbage a nd t rash of c ommercial c ustomers, p ublic c onvenience a nd necessity r equires t he c ouncil t o, f rom t ime t o time, e nter i nto a n e xclusive or none xclusive contract with an established garbage collection company for the collection of garbage and trash of commercial customers. Said contract may extend for a period of not more than twenty (20) years, subject to termination prior to its expiration for cause. Said contract may provide that the city will bill the customer for collection charges through its water department and remittance to the city under such contract shall be in lieu of any permit fees provided in this section, and such contract s hall like wise be in lieu of t he pe rmit r equired b y t his s ection. Fair and reasonable charges f or t he collection of garbage and t rash of com mercial cus tomers s hall be charged as provided for in the fee schedule found in the appendix of this code.

(e) Exception: N otwithstanding the f oregoing, a c ommercial, institutional or indus trial business may, b y obtaining a permit f rom the sanitation inspector, haul i ts own garbage, t rash and de bris pr ovided i t uses i ts ow n e mployees a nd ve hicles f or ha uling, a nd those vehicles

conform to the requirements of vehicles used by l icensed collectors as s et forth in this ar ticle; provided, however, no b usiness engaged in food handling, such as a r estaurant, qui ck food o r take out f ood bus iness, m ay ha ul i ts ow n ga rbage but m ust s ubscribe t o a l icensed ha uler t o insure the orderly and regular removal of rapidly deteriorating garbage.

Sec. 11.406 Sanitation Inspector

The city manager shall appoint a sanitation inspector who shall hold office for the duration of his appointment or unless removed at will by the city manager. It shall be the duty of the sanitation inspector or his designee to regularly inspect the streets and alleys of the city, and to enforce the provisions of this code regulating the collection and removal of garbage and trash. The sanitation inspector or his designee shall have the authority to issue citations to any third persons, firms or corporations who shall violate such laws. In the event the violator is a firm or corporation, such citation shall be issued to the owner, operator or manager of such firm or corporation. Such citation shall command the person so named to appear in the municipal court within ten (10) days to answer the charge stated therein.

Sec. 11.407 Penalty

City of San Angelo Parks & Recreation

Memorandum Date: January 13, 2012


From: Carl White, Parks and Recreation Director

Subject: Agenda Item for January 17, 2012, Council Meeting

Contact: Carl White, Parks and Recreation Director, 657-4450 or 234-1724

Caption: Regular Agenda Item

Consideration o f appr oving a l icense a greement with t he S an A ngelo H ealth Foundation f or t he c onstruction of a t rail along t he south ban k o f the North Concho River between Irving Street and City-owned property east of Koenigheim Street (U.S. Hwy 87, North) as part of the River Improvement Project and authorizing the Mayor or City Manager to execute said agreement.

Summary: Staff recommends approval of a l icense agreement with the San Angelo Health Foundation for t he c onstruction o f a t rail al ong t he s outh ban k o f the N orth Concho River between Irving Street and City-owned property east of Koenigheim Street (U.S. H wy 87, N orth) as par t o f the R iver I mprovement P roject and authorizing the Mayor or City Manager to execute said agreement.

Approval of this agreement would allow for the construction of a trail section on the south side of the river (along San Angelo Health Foundation property), connecting the Visitors’ Center to Irving Street. This would al low the public the option to follow the river on both sides along this section.

Basic it ems of t he agreement include a 20 -year l ease with aut omatic 1 -year renewals, termination clause, 15’ wide area along the r iver and clarification that the use of the trail and property does not establish use as a public park.

History: • The River Improvement project began early October and will continue until spring o f 2013 , w ith t he co re dow ntown ar ea bei ng mostly completed around late spring/early summer of 2012.

Financial Impact:

The cost of this trail is $79,730 (from half-cent sales tax revenues and a trail grant dedicated to the river and t rail improvement project) and was part of the base bid of the project so there would be no new construction cost. Annual maintenance is estimated at an additional $5,300/year. T he t rail addition would become part of the comprehensive river trail network.

Attachments: License Agreement.

Presentation: Verbal, if needed.

Publication: N/A

Reviewed by: Rick Weise, Assistant City Manager, January 4, 2012.

City of San Angelo


To: Mayor and Council Members

From: Rick Weise, Assistant City Manager

Subject: Regular Agenda Item for January 17, 2012 Council Meeting.

Contact: Rick Weise, City Manager’s Office – 657-4241

Clinton Bailey, Engineering Services – 657-4203

Caption: Consideration of appr oving construction of a new boat ramp at Lak e N asworthy t o assist with the San Angelo Boat Races, and to provide better lake access for recreational users, and authorization to expend up to $35,000 from the Lake Nasworthy Trust Fund to assist with construction of the new ramp and associated infrastructure.

Summary: Organizers of t he “Showdown i n S an Angelo” dr ag boat races, and a group of volunteers have requested that the C ity consider assisting w ith construction of a new boat ramp at the Lake Nasworthy Spring Creek Marina area. Construction of the ramp would be accomplished through a partnership similar to what was accomplished l ast year with r emoval of t he “ point” at Lak e N asworthy. T his partnership would allow the ramp to be constructed at a reduced cost due to the donation of labor, equipment, and supplies. Currently, the City Engineering Services D ivision has c ompleted a des ign f or the r amp, and is c ommitted t o overseeing construction as it takes place. The San Angelo Convention and Visitors Bureau, along with a gr oup of local volunteers, have agreed to organize actual construction of the ramp which will enhance both Boat Race functions and recreational access to Lake Nasworthy. Construction of the project is anticipated to begin in April, and to be complete by late May or early June.

History: The C ity has ha d a s uccessful history of w orking with this group to m ake improvements as seen by removal of the “point” at Lake Nasworthy last year.

Financial Impact: Construction costs f or the proposed ramp will be greatly reduced due to the use of volunteer labor and the donation of supplies and equipment. If approved, the City will be c ommitting up t o $35,000 i n L ake N asworthy T rust F unds f or the pur chase of supplies and equipment associated with the project. In comparison, if the City were to have contracted out construction of the ramp, it is anticipated to have costs $94,550.00 (see attached request). In addi tion t o f inancial s upport, t he volunteer group i s al so potentially requesting assistance with the hauling of materials, use of a backhoe, water truck, and assistance w ith pipe r ail w ork. This as sistance w ill on ly be pr ovided i f resources are available and not committed during the time of construction. All c onstruction and pur chase of s upplies associated with t he pr oject will b e coordinated a nd paid f or b y t he C VB. T he C ity will t hen r eimburse t he C VB up t o $35,000 for documented expenses. As par t of t his pr ocess, a formal budget amendment will follow this agenda item.

Related Vision Item:

As a goal, staff has been working to implement a Master Plan for Lake Nasworthy, and t o m ake i mprovements at t he s ite t hat b enefit bo th c itizens an d ev ents. Construction of the proposed ramp aligns with goals set forth for the lake area.


Staff recommends approval of the proposed request

Attachments: Proposed Ramp Plan Anticipated Costs Submitted From The CVB/Volunteer Group

Presentation: Verbal/Proposed Ramp Plan Slide

01/06/2012

Spring Creek Marina Area Improvements

The San Angelo Chamber of Commerce is requesting to partner with the City of San Angelo to perform improvements to the Spring Creek area of Lake Nasworthy. These improvements will benefit the San Angelo citizens and visitors year round as well as improve the “Showdown in San Angelo” drag boat racing event. The request is to install a new boat ramp (See map). The location of the proposed ramp will be in the area where the vendors are currently located for the Showdown. The food vendors will need to be moved east to an area that is more centrally located within the spectator area along Spring Creek.

Below is an estimate for the work to be performed. The actual work is proposed to be done mostly by a group of San Angelo citizen volunteers put together by the drag boat racing committee of the Chamber of Commerce however; there may be opportunities for the City of San Angelo to be involved with their equipment and or personnel as well. These items are listed below as well.

Item Estimate Actual Market Cost

100 Cu. yards of concrete & forming $ 16,500 $ 57,750

110 Cu. yards Base material - Installed $ 2,000 $ 7,000

330 yards existing material removed $ 2,000 $ 7,300

Remove and install pipe railing $ 1,500 $ 4,000

Install electrical for Vending Area $ 7,000 $ 18,500

Total $ 29,000 $ 94,550

Potential assistance from the City of San Angelo Personnel and or equipment:

1) Hauling: base material, existing material to dump site 2) Backhoe: remove grass for base material, dig ditch for electrical 3) Water Truck: installing base material

4) Remove and install pipe railing - any part or all.

City of San Angelo Development

Services Department



From: Bailey, P.E., City Engineer

Subject: Agenda Item for January 17 Council Meeting

Contact: Clinton Bailey, Development Services, 657-4203

Caption: Regular

Discussion and possible action on the construction of a pedestrian pathway around Gun Club Hill off of Hillside Drive near Lake Nasworthy

Summary: This item was requested by Councilman Alexander.

Gun Club Road and Hillside Drive (Gun Club Loop), located just northwest of the Veterans Mem orial B ridge c rossing Lak e N asworthy, ar e t wo r esidential roadways that connect to form a continuous 2-mile loop around “Gun Club Hill”. The land bound within t his l oop and referred as “Gun C lub H ill” i s owned and maintained by the City of San Angelo.

As an option to completely remove recreational pedestrian traffic from Gun Club Road and H illside Drive, a m ulti-use pedestrian pathway i s being proposed on top of G un C lub H ill. T he pr oposed pat hway would i nclude a 20 0’ x 100 ’ limestone parking lot off of Hillside Drive and a 15 foot wide x 1.8 mile long ADA accessible multi-use pathway.

History: This item was initially requested by Councilman Paul Alexander and presented to t he C ity C ouncil during the work s ession at the regular m eeting of t he C ity Council on August 17, 2010. After discussion of options during the meeting the City Council gave s taff di rection to r esearch an d m ake r ecommendations f or increased pe destrian s ignage around G un C lub Loop. Staff per formed t he appropriate r esearch and presented opt ions t o t he City C ouncil o n S eptember 22, 20 10. C ity C ouncil ap proved s ignage w as t hen erected ar ound Gun C lub Loop and remains in place to this day.

Financial Impact: Estimated cost of parking lot and multi-use pedestrian pathway: $234,141.79

Related Vision Item (if applicable):

N/A

Presentation: By City Staff and Map of proposed project site

Publication: N/A

Reviewed by Director:

Development Services, January 12, 2012

City of San Angelo


To: Mayor and Council members

From: David Knapp, Construction Manager


Contact: David Knapp, Construction Manager, 657-4279

Caption: Regular Agenda Item

Consideration of awarding a bid for PK-02-11 /Rio Vista Park Renovation to Stoddard Construction Ma nagement, I nc ( Bulverde, T X) i n t he am ount of $5 72,500.00, and authorization f or an add itional $ 27,500.00 f or A lternate Option #5 to c ompleted i n-house by Park staff, and authorizing the City Manager or his designee to negotiate a contract and execute any related documents

Summary: The City began planning for the renovation of the Park in 2009. Working with staff and listening to public comment, the architect developed the construction documents for the project. Bids were r eceived January 13 , 20 12 and Stoddard C onstruction Management, Inc., of Bulverde, Texas is the apparent low bidder. Based on the construction Budget, the City will be accepting the Base Bid and Alternate #2A for new l ighting and awarding the contract for $572,500. We plan to complete the concrete trail work identified in Alternate #5 with Park’s Staff.

History: In the Fall of 2009, the City approved the selection of Kinney Franke Architects to design t he r enovation of t he ex isting Park including a n ew r estroom bui lding, playground equipment an d w alking t rail a long with r enovations t o ex isting basketball & tennis courts, fencing and lighting. The City issued an RFB for the renovation of Rio V ista Park in December 2011 and bids were received January 13, 2012. Two bidders participated and provided bid packages. The apparent low bidder was Stoddard Construction Management, Inc., Bulverde, Texas. Templeton Construction of San Angelo also participated. Our plan is to also complete two of the alternates i n t his pr oject; Alternate # 2A f or ne w lighting which will b e do ne b y t he contractor; Alternate #5 for new concrete trail will be done in-house by Park’s Staff.

Financial Impact: The available budget for the Rio Vista Park Renovation is ($500,000.00). Funding comes f rom Community Development B lock G rant F unding ( HUD Section 108 loan). Additional funding is required from the Half Cent Sales Tax money budgeted to Parks projects to award the contract; $72,500 is needed to cover the base bid ($550,500) and Alternate #2A for new lighting ($22,000). An Additional $27,500 is needed for Park’s staff to complete Alternate #5, the concrete trail in-house. Total additional f unding required is $100, 000 from t he P ark’s P rojects B udget funded from half cent sales tax dollars.


City S taff r ecommends awarding a bi d f or PK-02-11/Rio V ista P ark R enovation to Stoddard C onstruction Ma nagement, I nc., of B ulverde, T exas for ($ 527,500.00), and authorizing the City Manager or his designee to negotiate a contract and execute any related documents. Texas “Local Preference” laws do not apply to construction projects.


Presentation: None

Reviewed by: Rick Weise, Assistant City Manager, Carl White, Director of Parks & Recreation; January 13, 2011

Y:\11-RFX\Parks\PK0211 Rio Vista\Bid Tabulation

Base Bid

Item

No.

Item Description1 Park Renovation

2 Contingency Allowance3 Soil Augmentation Allowance 4 Signage Allowance5 Furnishings Allowance

Total Base Bid

Add Alternate Bids

1Demo south concrete slab , basketball goals, posts and south fencing, wood light poles and fixtures

2A Replace 24 light fixtures2B Replace 8 fixtures

3 Install playground equipment and fall material provided by owner

Convert western tennis court into a basketball court including striping, goals and foundations

Provide and install one tennis net for East tennis court

4Sand, Prime, and paint fence structure. Replace mesh w/chain link. Fill cracks in Slab

5 Install new concrete trail

Total Base & Alternates

Price for Additional Work: Overhead Profit Overhead ProfitWork performed by the General Contractor: 10% 5% 8% 5%

Unit Costs4’ Concrete Sidewalk ($/LF)

Calendar Days to Complete Project:Bid Bond

RFB Invitations Mailed To:4 E Sportsfields, LLC Houston TX Mann Contractors LTD Granger TX

AGC Plan Room/Wichita Falls Wichita Falls TX Mark Burk Construction San Angelo TX

Allen Keller Co Fredericksburg TX McGraw/Hill Irving TX

Angelo Trucking Company San Angelo TX Mid-Tex of Midland Midland TX

Blanek Construction company San Angelo TX N. TX Constr Rpts Austin TX

Burnside Services Navasota TX North Texas Const Plan Rm Dallas TX

Concho Valley Plan Room San Angelo TX Rafter C Construction San Angelo TX

Concho Valley Plan Room San Angelo TX Reece Albert, Inc San Angelo TX

Consolidated Contractors San Angelo TX Reed Construction Data Dallas TX

Construction Information Network Plan Room Dallas TX Reed Construction Data Norceoss GA

Cooper Construction San Angelo TX RKJ Construction, Inc. Lampassas TX

CXT Concrete Buildings Hillsboro TX Roberts Construction Co San Angelo TX

DFW Minority Business Council Dallas TX S.W. Seidel Construction Christoval TX

Imperial Construction Ltd. Weatherford TX Sports Field Solutions Ben Brook TX

Jay Mills Contracting Inc Stephenville TX SR Baxter Construction, LLCWall TX

JC Stoddard Construction Co. San Antonio TX Stoddard Const Managemen Bulverde TX

Keller-Martin Organization, Inc. San Antonio TX Templeton Construction San Angelo TX

Landscapes Unlimited Lincoln NE Texas Multi-Chem, LTD Kerrville TX

Landscapes Unlimited, LLC Lincoln NE W O Adams Construction C Lancaster TX

M & M Erectors San Angelo TX Whitley & Siddons/AGC Garland TX

Yes Yes

CITY OF SAN ANGELOBID TABULATION

RFB: PK-02-11/Rio Vista Park Renovation * January 13, 2012

28,000.00$ 13,900.00$

4

Tempelton571,200.00$

20,000.00$ 5,000.00$

19,700.00$ 6,900.00$

42.80$

180

726,500.00$ 791,400.00$

62,000.00$

28.00$

180

97,200.00$

8,300.00$

Stoddard505,000.00$

20,000.00$ 5,000.00$ 5,000.00$

15,500.00$

550,500.00$

5,000.00$ 15,500.00$

616,700.00$

28,700.00$ 35,000.00$

22,000.00$ 8,000.00$

21,000.00$

City of San Angelo Finance Department



From: Don Maynard, Budget Manager


Contact: Don Maynard, Budget Manager 481-2757

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

First public hear ing and introduction of an Ordinance amending the 2011-2012 Budget for new projects.

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

• Boat Ramp at Lake Nasworthy • Renovate and reuse the former Coke Building as The Business Resource Center

History: See attached Budget Amendment Request memorandum.

Financial Impact: $1,594,722 (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

AN O RDINANCE O F T HE CI TY O F S AN ANG ELO AM ENDING T HE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR NEW PROJECTS.

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 C ity’s bud get f or f iscal year 20 11-2012 be a mended b y t he a mounts c ontained i n Exhibit A.

INTRODUCED on the 17th day of January, 2012, and APPROVED and ADOPTED on this the 7th day of February, 2012.

CITY OF SAN ANGELO, TEXAS

__________________________________ Alvin New, Mayor

ATTEST: __________________________________ Alicia Ramirez, City Clerk

Approved as to Content and Form:

__________________________________ Michael Dane, Finance Director

City of San Angelo Proposed Budget Amendment Exhibit A

Fund Number Fund Name

Total Revenue Amendment

Total Expenditure Amendment

Net Benefit/

(Cost)

260 Water 0 35,000 (35,000) COSADC 0 1,559,722 (1,559,722)

Totals 0 1,594,722 (1,594,722)

City of San Angelo Proposed Budget Amendment Additional Information

Project/Need Source of Funding Revenue Expense

Net Benefit/ (Cost)

New Boat Ramp at Lake Nasworthy Water Fund-Fund

Balance * 0 35,000 (35,000)

Renovate and reuse the former Coke building as The Business Resource Center

COSADC Fund Balance 0 1,559,722 (1,559,722)

Totals 0 1,594,722 (1,594,722)

*Lake Nasworthy Trust Fund interest dollars housed in the Water Fund

City of San Angelo




Subject: Agenda Item for January 17 and February 7, 2012 Council Meeting


Caption: Consideration of an Ordinance Amending Appendix A, Article 8.000 of the Code of Ordinances, City of San Angelo, Texas, by amending Section 8.200 “Monthly Water Rates” to repeal S ubsection 8.200(a)(1) i n its en tirety; and ado pting a ne w S ubsection 8.200(a)(1) establishing new usage rates for residential building/landscape meters and fire hydrant meters, providing for severability, providing for a penalty and providing for an effective date.

Summary: The pr oposed or dinance will el iminate a s eparate rate s tructure f or r esidential landscape meters. The water usage on the landscape meter will be combined with the house meter at a residence and the combined consumption will be billed at the current building meter rate. History: The current ordinance has separate block rate structures for the billing of usage on residential landscape and building meters.

Financial Impact: All revenues go into the water operating fund. Other Information/Recommendation: Water usage on a residential account is being combined to implement the excessive usage provisions set out in the Water Conservation/Drought Contingency Ordinance. Residential landscape meters are not subject to wastewater charges and combining the usages for water billing will not affect the sewer averaging and sewer billing on the account. It is recommended the ordinance be adopted. Attachments: Ordinance Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, January 2, 2012.

AN O RDINANCE AMENDING APPENDIX A, ARTICLE 8 .000 O F THE CODE OF OR DINANCES, C ITY OF S AN ANGELO TEXAS, BY AMENDING S ECTION 8 .200 E NTITLED “ MONTHLY W ATER RATES” BY RE PEALING S UBSECTION 8 .200(a)(1) I N ITS ENTIRETY; AND ADOPTING A NE W S UBSECTION 8 .200(a)(1) ESTABLISHING NE W US AGE R ATES F OR RE SIDENTIAL BUILDING AND LANDSCAPE M ETERS AND F IRE HY DRANT METERS, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE


1) THAT, Appendix A, Article 8.000 o f the C ode of Ordinances, City of San Angelo, Texas, S ection 8 .200, Monthly Water R ates, i s hereby am ended by repealing S ubsection 8.200(a)(1) in its entirety and adopting a new Subsection 8.200(a)(1) to read as follows:

Sec. 8.200 Monthly Water Rates

(a) All persons supplied with water by the city shall be billed for water at the following monthly rates for water supplied on or after March 1, 2012.

(1) Meter Size Base Rate

5/8" $19.12

1" $23.14

1-1/2" $27.19

2" $35.86

3" $104.71

4" $130.73

6" $190.31

8" $257.97

Residential Untreated Water $23.14

Classifications Rate per 1,000 Gallons

RESIDENTIAL (single-family r esidence, dupl ex, or other individually metered r esidential unit). Residential usage shall be the combined usage o f t he bui lding meter and any l andscape m eter(s) se rving the tract.

0-2,000 gallons $2.32

Next 3,000 gallons $3.46




Over 100,000 gallons $4.82

COMMERCIAL, APARTMENT AND MOBILE HOME PARK

Building Meter

1,000 gallons and up $3.83

Landscape Meter

1,000 gallons and up

Winter* $3.87

Summer** $4.12

INDUSTRIAL, HOTEL, MOTEL, HOSPITAL, SCHOOL AND GOVERNMENT

Building Meter


Landscape Meter


Winter* $3.92

Summer** $4.17

Millersview-Doole


Winter* $5.62

Summer** $6.32

Producers Lamb and Goat


Fire Hydrants


UNTREATED WATER

Residential

0-5,000 gallons

Next 5,000 gallons

Over 10,000 gallons

$1.81

$2.31

$3.02

Commercial, Apartment and Mobile Home Parks, I ndustrial, Ho tel, M otel, Ho spital, School and Government


$3.02

*Winter is the billing period of October through April.

**Summer is the billing period of May through September. 2) T HAT all r emaining su bsections of S ection 8.200 not am ended by t his ordinance remain in full force and effect.

3) THAT, the following severability clause is hereby adopted with this amendment:

SEVERABILITY:

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

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 co nviction shall be su bject t o a f ine as provided f or in Section 1.106 of this Code. Each day of such violation shall constitute a separate offense.

5) THAT, this Ordinance shall be effective on, from and after the 1st day of March 2012.

INTRODUCED on the day of , 2012, and f inally PASSED,

APPROVED and ADOPTED on this the day of , 2012.

CITY OF SAN ANGELO

ATTEST: BY:

Alvin New, Mayor By: Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: Will Wilde Lysia H. Bowling Water Utilities Director City Attorney

City of San Angelo




Subject: Agenda Item for January 17 and February 7, 2012 Council Meeting


Caption: Consideration of an Ordinance Amending Chapter 11, Article 11.200 of the Code of O rdinances, C ity of S an A ngelo, T exas, ent itled “ Water C onservation and D rought Contingency Plan”, by Repealing Article 11.200 in its entirety, and adopting a new Article 11.200, providing f or a D rought C ontingency Plan an d f or a P enalty; providing f or s everability a nd providing for an effective date.

Summary: The pr oposed or dinance i ncludes c hanges t o the t rigger po ints f or ex cessive water usage and modifies the surcharge rates for water usage. The ordinance also makes golf course “T” areas subject to the same watering frequency as other landscape and removes the “new landscape” watering allowance under Drought Stage Level I I. T he penalty provision has been c hanged to make i t a v iolation of t he ordinance when an ac count has excessive w ater usage for more than two consecutive months. History: The Water Conservation/Drought Contingency Ordinance is utilized to encourage on-going c onservation of w ater and es tablish a m eans f or i dentifying an d ad dressing a water supply shortage or emergency.

Financial Im pact: All f ees c ollected u nder t his ordinance ar e part of w atering operating revenues. Other Information/Recommendation: The proposed ordinance incorporates the changes previously discussed by Council. It is recommended the ordinance be adopted. Attachments: Ordinance Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, January 2, 2012.

AN O RDINANCE AM ENDING CH APTER 11, ARTICLE 11.200 OF T HE CO DE O F O RDINANCES, CITY O F S AN ANGELO, TEXAS, ENTITLED “WATER CONSERVATION AND DRO UGHT CO NTINGENCY P LAN”, BY REPEALING A RTICLE 11.200 IN I TS EN TIRETY, AND ADOPTING A NE W ARTICLE 11.200, PROVIDING FOR A DROUGHT CO NTINGENCY PLAN, PROVIDING F OR SEVERABILITY, P ROVIDING FOR A P ENALTY AND PROVIDING FOR AN EFFECTIVE DATE


1) TH AT, Chapter 11, Article 11.200 of t he C ode of O rdinances of t he C ity of S an Angelo, Texas is hereby repealed in its entirety and replaced with the following:

Sec. 11.201 Purpose

The pur pose of t he w ater c onservation a nd dr ought c ontingency pl an i s t o e ncourage w ater conservation at all times and to establish a procedure for identifying, classifying and handling a water supply and/or a water demand emergency effectively and efficiently.

Sec. 11.202 Water Conservation Measures

The c ity will ut ilize the f ollowing s trategies t o encourage, pr omote a nd require c itizens to conserve water at all times.

(1) Conservation Plan. The “City of San Angelo Water Conservation Plan,” dated March 2, 2009, which is on file in the office of the city clerk, and available for public inspection, is adopted and incorporated herein.

(A) Implementation. T he di rector of w ater ut ilities w ill a ct a s the administrator of the water conservation plan. The administrator will oversee the execution and implementation of a ll elements of the pr ogram a nd will be responsible f or s upervising t he pr omulgation and r etention of re cords for program verification.

(2) Plumbing C ode. T he c ity pl umbing c ode ha s pr ovision f or w ater conserving plumbing devices. The c ity will enforce t he requirements of t he code to ensure t he use of water saving devices.

(3) Universal M etering. All us ers of m unicipal t reated water, except f or f ire sprinkler lines, will be metered.

(4) Water Supply Meters. The city metering devices will record water use with an accuracy of plus or minus 5.0% in order to measure and account for the amount of raw water diverted from the source of supply.

(5) Restaurants. Restaurants shall not serve water to their cus tomers except when specifically requested by the customer.

(6) Waste of Water. As defined below shall be prohibited.

(A) Allowing t reated or raw ci ty w ater, greywater, reclaimed water or well water to run off property to a gutter, street, alley, ditch or drainage facility and drain for more than 150 f eet downgrade of the point of entry into such gut ter, street, alley, ditch or drainage facility.

(B) Failure to repair a controllable leak.

(7) Prohibited Watering Hours. The use of treated or raw city water, greywater or reclaimed water f or w atering l awns, gardens, landscape a reas, trees, golf cour ses, shrubs or ot her pl ants b eing grown out doors (not i n a nur sery) s hall b e pr ohibited between the hours of 12:00 noon a nd 6:00 p.m. daily from April 1 t hrough October 31.

(8) Watering F requency. T he us e of t reated or raw ci ty w ater, greywater or reclaimed w ater f or w atering lawns, l andscape ar eas, trees, gardens, golf courses (except greens), shrubs or other plants being grown outdoors (not in a nursery) shall be al lowed at a frequency of t wice eve ry s even da ys du ring the p eriod of A pril 1 through O ctober 31 a nd onc e e very s even da ys during t he pe riod of N ovember 1 through March 31. Golf course greens may be watered once per day year round.

(9) New Landscape. Watering of newly seeded or sodded lawns or newly planted trees, shrubs or landscape plants will be allowed at the following frequency provided written notification is g iven to the c ity c ode c ompliance di vision or w ater conservation division of the watering schedule:

(A) Days 1-14 from planting; three times per day every day of such period at any time of day.

(B) Days 15-28 from planting; twice per day every day of such period at any time of day.

(10) Allowable Application Rates. The maximum amount of treated or raw city water, greywater or r eclaimed water appl ied to established lawns, landscape p lants, golf courses (except greens) or shrubs shall not exceed 1 inch per week.

(11) Drip Irrigation. Landscape w atering w ith a dr ip i rrigation s ystem s hall be permitted on any day and at any time of day provided that the total amount of water

applied s hall not exceed 1 i nch pe r week. For t he pu rpose o f t his article, dr ip irrigation shall me an a water s aving ir rigation system tha t us es bur ied drip pipe or tape.

(12) Excessive Usage of Water. Excessive usage of water as defined below shall be p rohibited and s hall be a vi olation of t he w ater c onservation a nd dr ought contingency plan:

(A) Any us e of w ater by a cus tomer in excess of t he maximum a llowable application rates under Section 11.202(10).

(B) Usage of water in amounts such that an “Excessive Usage Fee” as set out in this article is assessed.

(13) Excessive Usage Fee: A fee shall be charged for excessive water usage in the amounts set forth below. This fee shall be in addition to the standard fee charged for water usage.

(A) For s ingle-family r esidential ac counts, a n a dditional f ee o f $1. 50 pe r 1,000 ga llons s hall be c harged for a ll us age from 40,000 thru 49,000 ga llons during a bi lling pe riod, an a dditional f ee of $2.50 pe r 1,000 g allons s hall be charged for al l usage from 50,000 thru 59,000 gallons during a billing period, and an additional fee of $5.00 pe r 1,000 g allons shall be charged for all usage over 59,000 gallons d uring a bi lling pe riod. U sage on a s ingle-family residential account shall be the total usage at the address which is determined by adding together the usage on the meter supplying the residence and the usage on the meter(s) supplying water to the landscape watering system.

(B) For al l l andscape m eters, except t hose at single f amily r esidences, schools, c olleges, p arks, c emeteries, golf courses or a thletic f acilities, an additional f ee of $1.50 pe r 1,000 g allons s hall be c harged f or a ll us age from 90,000 thru 109,000 gallons during a billing period, an additional fee of $2.50 per 1,000 g allons s hall be c harged f or a ll us age from 110,000 thru 129,000 gallons during a billing period, and an additional fee of $5.00 per 1,000 gallons shall be charged for all usage over 129,000 gallons during a billing period.

(14) Contracts w ith O ther P olitical S ubdivisions, W ater S upply C orporations or Water S uppliers. A ny political s ubdivision, w ater s upply c orporation, or w ater supplier that contracts with the city for the purchase of water shall adopt applicable provisions of the city’s water conservation and drought contingency plan. Contracts for the sale of water that are already in effect will be revised to reflect the applicable provisions of the city’s most current water conservation and drought contingency plan when t he c ontracts a re r enewed or extended. T o t he e xtent of t he city’s l egal authority, the city shall require the city’s wholesale customers to issue a public notice advising their water customers of required drought management measures declared in the city as follows in Section 11.203.

(A) In the event that the tr iggering criteria specified in Section 11.203(f) of the Plan for Water Supply Stage – Drought Level III – have been met, the city manager i s he reby a uthorized t o i nitiate a llocation of w ater s upplies on a pr o rata basis in accordance with Texas Water Code Section 11.039 a nd according to the following water allocation policies and procedures.

(B) A wholesale cus tomer’s monthly allocation shall be a pe rcentage of the customer’s water usage baseline. The percentage will be set by resolution of the San A ngelo C ity C ouncil ba sed on t he a dministrator’s a ssessment of t he severity of the water shortage condition and the need to curtail water diversions and/or de liveries a nd m ay b e a djusted pe riodically b y r esolution of t he c ity council as condi tions w arrant. Once p ro rata al location is i n effect, w ater diversions b y or d eliveries to each wholesale customer shall be limited to the allocation established for each month.

(C) Upon initiation of pr o rata w ater allocation, water ut ility di rector shall provide notice, by certified mail, to each wholesale customer informing them of their monthly water usage allocations and shall notify the news media and the executive director of the Texas Commission on Environmental Quality.

(15) Water Demand Emergency. In the event the quantity of water usage from the city’s water distribution system reaches a level that exceeds the amount which may be treated or safely delivered through the system, the water utilities director shall notify the city manager and the city council of such an occurrence. The city council shall be authorized t o l imit t he us e of w ater b y passage of a r esolution out lining s uch limitations w hich shall r emain in effect unt il the w ater de mand emergency can be met. Upon initiation of a w ater d emand emergency, the water ut ility di rector s hall provide notice, by certified mail, to the executive director of the Texas Commission on Environmental Quality and shall notify the news media.

(16) Water Supply Emergency. In the event of a water system failure or emergency (i.e. pressure zone deficiencies, chemical spills, broken water mains, power outages, failures of storage tanks or other equipment, treatment plant breakdown and/or water contamination) w hich limits the a mount of w ater w hich may b e tr eated or s afely delivered through the system, the water utilities director shall notify the city manager and city council of such occurrence. The city council shall be authorized to limit the use of water by passage of a resolution outlining such limitations which shall remain in e ffect unt il t he w ater s upply emergency c an be m et. U pon i nitiation of a w ater supply emergency, the water utility director shall provide notice, by certified mail, to the executive director of the Texas Commission on Environmental Quality and shall notify the news media.

(17) Public I nformation. The water ut ilities di rector w ill pr ovide regular publ ic education and i nformation a bout t he i mportance of year-round water ef ficiency as delineated i n t he pl an, a nd w ill pr ovide g eneral i nformation a bout w ater s upply conditions a nd dr ought plan pr ovisions on a t l east a n a nnual ba sis. T he pur pose of

this effort shall be to keep the citizenry informed about the drought and conservation plans and their importance to the city’s water supply.

Sec. 11.203 Drought Stages and Water Management Measures

(a) Water Supply Sources. The city has several water supply sources that it can draw upon to meet i ts ne eds. Local s urface w ater s ources i nclude Lake N asworthy, T win Buttes R eservoir, O.C. Fisher Reservoir and the South Concho River. Nonlocal surface water supplies are available to the city from O.H. Ivie Reservoir and Spence Reservoir. The city has a groundwater source in the Hickory Aquifer.

When l ocal r eservoirs a re f ull, t he c ity’s p rimary water s upply w ill be from t hese r eservoirs along with nonlocal or groundwater sources as needed. When local reservoirs are below full but above drought trigger points, the local sources may be utilized along with water brought in from nonlocal s ources or groundwater sources. D uring dr ought c onditions, t he primary s ource of supply w ill be nonl ocal s ources, s ubject t o t he maximum a mount a vailable f rom e ach s ource, with the remaining amount of water coming from the local sources or groundwater sources that the city may develop.

(b) Drought T rigger P oint. W henever the tot al a mount of w ater a vailable to the c ity f alls below the mini mum c riteria e stablished f or e ach water s upply stage le vel, the c ity s hall be deemed to have entered a drought stage for management of its water supplies.

The w ater ut ilities di rector s hall not ify t he c ity m anager and c ity council upon e ntering t he threshold of a drought stage. The council shall implement each stage by resolution. A notice of such resolution shall be published one t ime in the local newspaper. The criteria for each s tage and the water management measures which shall be enforced are as follows in subsections (d) to (f).

(c) Public Information. The water utilities director will provide reports to the news media with information r egarding current w ater s upply conditions, pr ojected w ater s upply a nd d emand conditions i f t he c urrent dr ought c onditions c ontinue, a nd c onsumer i nformation on w ater conservation m easures a nd pr actices. Information de scribing each w ater s upply s tage t rigger point and drought l evel restrictions on water use shall be prepared and published on t he c ity’s website.

(d) Water Supply Stage – Drought Level I.

(1) The minimum criteria for this drought stage shall be the following.

The total amount of water available, as determined by the water utilities director, to the city from its developed water sources is less than a 24-month supply.

(2) In addition to the conservation measures stated in Section 11.202 of this article, the following additional water conservation measures shall be in force during Water Supply Stage – Drought Level I.

(A) The us e of t reated or r aw city water for w atering l awns, gardens, landscape areas, trees, shrubs, golf courses (except greens) or other plants being grown out doors ( not i n a nur sery) s hall be pr ohibited a t a ll t imes pr ovided however a person may do such watering which shall be twice every seven days during the period of April 1 through October 31 and once every 14 days during the pe riod o f N ovember 1 t hrough M arch 31 except dur ing t he “prohibited watering hours” as stated in Section 11.202.

(B) Golf courses greens may be watered daily except during the “prohibited watering hours” as stated in Section 11.202.

(C) Watering of “new l andscape” shall be al lowed in accordance with the provisions as stated in Section 11.202 for “new landscape.”

(3) A fee shall be charged for water usage in the amounts as set forth below.

This fee shall be in addition to the standard fee charged for water usage and shall be in lieu of the “excessive usage fee” as defined in Section 11.202.

(A) For s ingle-family r esidential a ccounts, a n a dditional f ee o f $2. 00 pe r 1,000 ga llons s hall be c harged for a ll us age from 25,000 thru 34,000 ga llons during a bi lling pe riod, an a dditional f ee of $3.50 pe r 1,000 g allons s hall be charged for al l usage from 35,000 thru 44,000 gallons during a bi lling period, and an additional fee of $6.00 pe r 1,000 g allons shall be charged for all usage over 44,000 gallons d uring a bi lling pe riod. U sage on a s ingle-family residential account shall be the total usage at the address which is determined by adding together the usage on the meter supplying the residence and the usage on the meter(s) supplying water to the landscape watering system.

(B) For al l l andscape m eters, except t hose at single f amily r esidences, schools, colleges, parks, cemeteries, golf courses or at hletic f acilities; an additional f ee of $2.00 pe r 1,000 g allons s hall be c harged f or all us age from 75,000 thru 94,000 gallons during a billing period, an additional fee of $3.50 per 1,000 gallons shall be charged for all usage from 95,000 thru 114,000 gallons during a billing period, and an additional fee of $6.00 per 1,000 gallons shall be charged for all usage over 114,000 gallons during a billing period.

(e) Water Supply Stage – Drought Level II.


The total amount of water available, as determined by the water utilities director, to the city from its developed water sources is less than an 18-month supply.

(2) In addition to the conservation measures stated in Section 11.202 of this article, the following additional water conservation measures shall be in force during Water Supply Stage – Drought Level II.

(A) The us e of t reated or r aw city water for w atering l awns, gardens, landscape areas, trees, shrubs, golf courses (except greens) or other plants being grown out doors ( not i n a nur sery) s hall be pr ohibited a t a ll t imes pr ovided however a person may do such watering which shall be once every seven days during the period of April 1 through October 31 and once every 14 days during the pe riod o f N ovember 1 t hrough M arch 31 except dur ing t he “prohibited watering hours” as stated in Section 11.202.

(B) Golf courses greens may be watered daily except during the “prohibited watering hours” as stated in Section 11.202.

(C) W atering of “new landscape” s hall not be a llowed as s tated i n Section 11.202 for “new landscape.”

(3) A fee shall be charged for water usage in the amounts as set forth below.

This fee shall be in addition to the standard fee charged for water usage and in lieu of t he water us age f ee s et out i n Section 11.203 (d)(3) t he “ excessive us age f ee” as defined in Section 11.202.

(A) For s ingle-family r esidential a ccounts, a n a dditional f ee o f $3. 50 pe r 1,000 ga llons s hall be c harged for a ll us age from 10,000 thru 19,000 ga llons during a bi lling pe riod, an a dditional f ee of $5.00 pe r 1,000 g allons s hall be charged for al l usage from 20,000 thru 29,000 gallons during a bi lling period, and an additional fee of $8.00 pe r 1,000 g allons shall be charged for all usage over 29,000 gallons d uring a bi lling pe riod. U sage on a s ingle-family residential account shall be the total usage at the address which is determined by adding together the usage on the meter supplying the residence and the usage on the meter(s) supplying water to the landscape watering system.

(B) For al l l andscape m eters except t hose at s ingle f amily r esidences, a n additional f ee of $3.50 pe r 1,000 g allons s hall be c harged f or a ll us age from 60,000 thru 79,000 gallons during a billing period, an additional fee of $5.00 per 1,000 gallons shall be charged for all usage from

80,000 thru 99,000 gallons dur ing a bi lling p eriod, a nd a n a dditional f ee of $8.00` p er 1,000 gallons s hall be c harged f or all us age ove r 99,000 ga llons during a billing period.

(f) Water Supply Stage – Drought Level III.


The total amount of water available, as determined by the water utilities director, to the city from its developed water sources is less than a 12-month supply.

(2) In addition to the water conservation measures stated in Section 11.202 of this article, the f ollowing w ater conservation measures s hall b e in force du ring W ater Supply Stage - Drought Level III.

(A) The us e o f t reated or r aw city water f or w atering of l awns, gardens, landscape a reas, t rees, gol f c ourses ( including greens), s hrubs or ot her plants being grown outdoors is prohibited.

(B) The use of treated or raw city water to fill, refill or maintain the level of any fountain or swimming pool is prohibited.

(C) Washing of automobiles, trucks, trailers, boats, or other types of vehicles or mobile equipment is prohibited except if the health, safety and welfare of the public is contingent upon vehicle cleaning, as determined by the director of city health services; then the washing of such vehicles shall be allowed.

(3) A fee shall be charged for water usage in the amounts as set forth below. This fee shall be in addition to the standard fee charged for water usage and shall be in lieu of t he w ater us age f ee s et out i n Sections 11.2 03(d)(3) a nd 11.203(e)(3) a nd t he “excessive usage fee” as defined in Section 11.202.

(A) For s ingle-family r esidential a ccounts, a n a dditional f ee o f $6. 00 pe r 1,000 gallons shall be charged for all usage over 10,000 gallons during a billing period.

(B) For apartment unit accounts, an additional fee of $5.00 per 1,000 gallons shall be charged for all usage over an amount equal to the number of units in the apartment times 3,000 gallons during a billing period.

(C) For all ot her w ater us ers, a n additional f ee of $2.50 pe r 1,000 gallons shall be charged for all usage.

Sec. 11.204 Exception and Variance

(a) Exceptions. T here s hall be a n e xception t o t he pr ohibitions of t his a rticle r egarding watering restrictions, as follows:

(1) Use of water for installing, testing and repairing sprinkler systems.

(2) W atering frequency a nd s chedules f or publ ic pa rks, a thletic f acilities, s chools, colleges and cemeteries shall be as approved by the City Council.

(b) Variance.

(1) A pe rson desiring an exemption f rom any provision of this article shall f ile a petition f or va riance w ith the c ity ma nager. All pe titions f or va riances s hall be reviewed and acted upon by the city council. The petition shall include at a minimum the following information:

(A) Name and address of the petitioner(s).

(B) Purpose and estimated amount of water use.

(C) Specific provision(s) of the article from which the petitioner is requesting an exemption.

(D) Detailed statement as t o how t he s pecific pr ovision of t he ar ticle adversely affects the pe titioner or w hat d amage or h arm w ill occur t o t he petitioner or others if petitioner complies with this article.

(E) Description of the relief requested.

(F) Period of time for which the variance is sought.

(G) Alternative w ater us e r estrictions or ot her me asures the pe titioner is taking or proposes to take to meet the intent of this article and the effective date of such other measures.

(H) Other pertinent information.

(I) Statement tha t p etitioner has not within the last s ix months int entionally violated t he c urrent or dinance f or w hich a v ariance i s s ought or , i f s uch violations have occurred, a statement setting out all reasons why such ordinance was violated.

(2) The city council may grant a variance from the requirements of this article after determining t hat be cause of s pecial ci rcumstances applicable t o t he appl icant, compliance with this article:

(A) Cannot be technically accomplished during the expected duration of the water supply shortage or other condition for which the article is in effect; or

(B) Will cause undu e hardship on a p rogram or s ervice of fered b y a public entity; or

(C) Substantially threatens the applicant’s primary source of income.

(3) Additionally, t he city c ouncil m ay grant a variance f rom t he requirements of this a rticle if it determines tha t the a pplicant c an implement a lternative w ater us e restrictions w hich m eet or ex ceed t he i ntent of this ar ticle. The city council s hall approve specific alternative water use restrictions.

(4) Any variance granted by the city council may be revoked after a determination by t he ci ty council t hat r evocation is ne cessary for t he publ ic he alth and safety o r upon a finding that the holder of a variance allowing alternative water use restrictions has not complied with such alternative restrictions.

Sec. 11.205 Implementation and Service Restrictions

(a) Implementation:

(1) The water utilities director for the city will act as the administrator of the water conservation drought contingency plan. The administrator will oversee the execution and implementation of a ll e lements of th e p rogram. The a dministrator will be responsible f or s upervising t he pr omulgation a nd r etention of a dequate records f or program verification.

(2) The w ater c onservation pl an w ill be m aintained f or t he dur ation of t he c ity’s financial obligation to the state under the State Revolving Loan Fund program.

(b) Contracts W ith O ther P olitical S ubdivisions, W ater S upply C orporations or W ater Suppliers: Any pol itical subdivision, water supply corporation, or water supplier that cont racts with t he c ity for t he purchase of w ater s hall a dopt a pplicable pr ovisions of t he c ity’s w ater conservation and drought contingency pl an. Contracts for t he s ale of water t hat a re already in effect w ill be r evised to reflect t he ap plicable pr ovisions of t he c ity’s m ost c urrent w ater conservation and drought contingency plan when the contracts are renewed.

(c) Service Restrictions: The w ater c onservation a nd d rought c ontingency plan s hall be enforced by the following service restrictions:

(1) Water s ervice ta ps w ill not be pr ovided to customers not me eting th e pl an requirements.

(2) The i nclining block w ater r ate s tructure s hould e ncourage r etrofitting of ol d plumbing fixtures which use large quantities of water.

(3) Customers who do not pay their water bills shall be subject to discontinuance or disconnection of service.

(4) The building inspection department will not certify new construction which fails to meet the plan requirements.

Sec. 11.206 Enforcement

(a) Violations of any provisions of the water conservation and drought contingency plan may be enforced as follows:

(1) First violation. Any person or entity as defined under this Chapter may be given a verbal or written warning.

(2) Second and subsequent violations.

(i) Violation of any pr ovision of t he water c onservation a nd d rought contingency plan constitutes a Class C misdemeanor offense for which a citation may be issued.

(ii) Second and subsequent violations shall be punishable by a maximum fine of up t o two thousand dol lars ($2,000.00) pe r d ay per violation as provided b y Article 1.100, Section 1.106 of the Code of Ordinances of the City of San Angelo.

(iii) Proof of a c ulpable m ental s tate i s not r equired f or a c onviction of a n offense under this section. Each day any person or entity fails to comply with the water conservation and drought contingency plan is a separate violation.

(3) Third and subsequent violations.

For t hird and subsequent violations of the water conservation and d rought contingency plan, the water utilities director shall, upon due notice to the customer, be authorized to discontinue w ater s ervice t o t he pr emises w here s uch vi olations oc cur. Services discontinued or di sconnected und er s uch c ircumstances s hall be r estored onl y upon payment of charges as provided for in Chapter 11, Article 11.300.

(4) Compliance w ith a ny pr ovision of t he w ater c onservation a nd drought contingency plan may be enforced by civil court action as provided by state and federal law.

2) THAT, the following severability clause is adopted with this amendment: SEVERABILITY: That the terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.

3) 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 c onviction s hall be s ubject t o a f ine a s provided f or i n S ection 1.106 of t his Code. Each day of such violation shall constitute a separate offense. 4) THAT, this Ordinance shall be effective on, from and after the 1st day of March 2012.

INTRODUCED on the day of , 2012, and f inally PASSED,

APPROVED and ADOPTED on this the day of , 2012.

CITY OF SAN ANGELO, TEXAS

ATTEST:

Alvin New, Mayor Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: Will Wilde Lysia H. Bowling Water Utilities Director City Attorney

MEMORANDUM

DATE: January 5, 2012 TO: Harold Dominguez, City Manager FROM: Elizabeth Grindstaff, Asst. City Manager SUBJECT: Agenda Item for January 17, 2012 City Council Meeting CONTACT PERSON: Elizabeth Grindstaff, Asst. City Manager PHONE NUMBER: 325.657.4241 CAPTION: Consideration of a n O ral R esolution directing the C ity Manager or hi s de signee to provide Siemens Industry, Inc. with a Notice to Proceed with Phase II services related to the reuse of landfill gas as outlined in the Letter of Intent (LOI) approved by City Council in December 2010 and any action related thereto. SUMMARY: Since the LOI was executed in December of 2010, Siemens and City staff have begun more detailed discussions with local industry whose operations require large amounts of natural gas to determine who would be interested in purchasing the landfill gas for direct-use. An RFP was recently advertised with several local industries responding to declare their interest in purchasing the available landfill gas. S iemens s taff ha s r eviewed the R FP r esponses and recommends t hat t he C ity pr oceed with Phase II Services with their study focused on the feasibility of selling landfill gas to the entity that proposes the most favorable contact term and rate to the City. (See separate agenda item.) . HISTORY: For several years now, the City of San Angelo has been working with Siemens Industry Inc. t o explore va rious ways t o r euse t he now -flared m ethane gas p roduced by t he C ity’s l andfill. Captured methane can be used as an alternative to natural gas and it can be converted to electricity. A LOI was approved by City Council in December 2010 and was executed shortly thereafter. The LOI was ne cessary t o explore and compare t he e conomics of a ga s-to-electricity pr oject ( which could benefit Goodfellow AFB) with and a di rect-use gas project (which could benefit t he needs of HTC, Martifer-Hirschfeld, E thicon and others.) In e ither case, well f ield expansion and increased methane capture would allow for the provision of even more fuel, thereby providing an affordable, renewable energy source for the City’s economic development partners. RECOMMENDATION: Staff r ecommends the pa ssage of an or al r esolution di recting the C ity Manager to provide Siemens Industry, Inc, with a Notice to Proceed with Phase II services as outline in the Letter of Intent. FINANCIAL IMPACT: $140,000 if the results of Phase II are deemed financially feasibility AND the City chooses NOT to move forward with the project. ATTACHMENTS: Copy of Letter of Intent and presentation PRESENTATION: A PowerPoint presentation will be given b y Martha Senf and Chad Nobles of Siemens Industry, Inc.

City of San Angeloy gUpdate on Feasibility Study for Landfill Gas Project jJanuary 17, 2012

1

A Beneficial Use of San Angelo’s Landfill Gas

• Benefits to the City: Provides the City with a new source of revenue from the sale of the landfill gas and minimizes a riskminimizes a risk

• Benefits to the Local Economy: Provides a competiti e ad antage to a local emplo er and pro idescompetitive advantage to a local employer and provides jobs for local construction crews.

B fi h E i• Benefits to the Environment: Destroys a potent green house gas, methane.

2

Objectives for Phase I of StudyObjectives for Phase I of Study

• High level economic comparison of direct use project vs. electric generation project

• Identify and meet with possible end users• Determine usage and willingness to enter into

long term contracts at fixed prices• Work with the City to determine whether to y

move into Phase II of the Study

3

Phase I ResultsPhase I Results

• Both direct use and electric generation projects beneficial to City• Both direct use and electric generation projects beneficial to City

• Electrical Generation Project– City/Siemens approached Goodfellow AFB to negotiate electric supplyCity/Siemens approached Goodfellow AFB to negotiate electric supply

contract– Selling the electricity at $.15/kWh provided the best economics for City– Goodfellow AFB was not willing to sign a 20 year contract at this rateg g y

• Direct Use Project– Reviewed initial economics for direct use project & determined to be

b fi i l t Citbeneficial to City– Conducted preliminary discussions with end users that were favorable– City/Siemens determined potential price per MMBtu for selling gas

Cit i d RFQ f t ti l d f

4

– City issued RFQ for potential end users of gas

RFQ for Buying GasRFQ for Buying Gas

• Respondents to Purchasing Gas for Direct Use RFQ• Respondents to Purchasing Gas for Direct Use RFQ – Received 3 responses to RFQ

• EthiconS A l P ki• San Angelo Packing

• HTC– Based on RFQ scoring criteria, respondents were ranked as follows:

1. HTC2. Ethicon3. San Angelo Packing

– Siemens recommends beginning negotiations with HTC

5

Draft FinancialsDraft Financials

Siemens & City of San AngeloSiemens & City of San Angelo Direct Use LFG Project

Summary of Project Scope Items Budgetary Costs

Wellfield Expansion (55 Wells) 1,200,000$ Sub-Total Cost of Project to City for Wellfield 1,200,000$

Total Compression Costs 996,900$ Total Pipeline Costs 453,120$ Total Boiler Modification Costs 380,500$ Total Professional Services 475,000$ Total PM & Development Services 465,000$ Total Bonds, Risks, Overhead, and Contigency 1,054,183$ Profit 340,912$ Sub-Total Contract Costs with Siemens 4,165,615$

6

Total Cost of Project to City 5,365,615$

Draft Project ModelDraft Project Model

Assumptions Used for Calculations

Gas Purchaser HTC Industries Availability of Equipment 92%

% of Carbon Saleable 80% Interest Rate 3.50%

Carbon Value per tonne 4.00$ T erm of Contract 20

Capital Cost for Wellfield Expansion $1 200 000 Escalator on sale price per year 2 00%Capital Cost for Wellfield Expansion $1,200,000 Escalator on sale price per year 2.00%

Capital Cost for Pipeline Project $4,165,615 Escalator on Operations Costs 2.50%

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Draft Cash FlowDraft Cash Flow

Combined Income StatementsYear 1 Year 2 Year 3 Year 4 Year 5 Year 19 Year 20

Total Revenue 789,981 815,383 840,892 866,523 892,289 1,164,425 1,178,235

Total Operating Expenses 459 500 547 004 393 286 404 104 415 178 579 707 591 934Total Operating Expenses 459,500 547,004 393,286 404,104 415,178 579,707 591,934

Total Financing Costs $377,530 $377,530 $377,530 $377,530 $377,530 $377,530 $377,530

Net Combined Income (47,049) (109,152) 70,075 84,888 99,580 207,188 208,770

Cumulative Income (156,201)$ (86,126)$ (1,238)$ 98,342$ 2,363,160$ 2,571,930$

Additional Information• Siemens to operate only the first 2 years

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• Costs includes operation & expansion of wellfield (3-5 wells/year)• Project costs cover HTC’s boiler modification costs

Next StepsNext Steps

1 Issue Notice to Proceed to Siemens for Phase II1. Issue Notice to Proceed to Siemens for Phase II2. Negotiate Contract with HTC3. Siemens to finalize pricing, design, and installation costs4. Negotiate/RFP for contract of Wellfield expansion 5. Negotiate Siemens contract for installation of project6 Determine finance method and procure funds6. Determine finance method and procure funds7. Council Approval for Funding and Contracts8. City Subcontractor to complete Wellfield expansiony p p9. Siemens to construct pipeline, compression unit, and all other

aspects of project10 Begin selling gas to HTC

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10. Begin selling gas to HTC

Project Development ProcessProject Development Process

N ti t C t tIssue Siemens

Finalize Project CostsJan.‐March 2012

Negotiate Contract with HTC

Jan. – Feb. 2012

Notice to Proceed to Phase IIJan. 2012

City Council approval& F di l

Negotiate contracts for Wellfield expansion and

Determine Finance Method and Procure & Funding approval

April 2012

pSiemens ProjectMarch 2012

FundsMarch‐April 2012

Siemens Construction Start up &

commissioningSell Gas to HTC

Sign Contracts and begin construction

City expands existing well field

10

commissioningJuly 2012

August 2012gApril 2012

gApril – June 2012

City of San Angelo



From: Elizabeth Grindstaff, Assistant City Manager


Contact: Elizabeth Grindstaff at 657-4241

Caption: Regular Item

Consideration of an oral resolution directing the City Manager or his des ignee to initiate n egotiations determine t he f inancial v iability for a c ontract f or the Landfill Gas to Energy Project with qualified individuals or entities submitting proposals in response to RFP OP-01-11 and any related actions thereto

Summary:

Since the Letter of Intent (LOI) was executed in December of 2010, Siemens and City staff have investigated the feasibility of reusing the City’s landfill gas by local industry whose operations require large amounts of natural gas. A Request for Proposal (RFP) was published on November 20, 2011 and three responses were submitted by industries in the vicinity of the landfill declaring their interest in purchasing the available landfill gas. As the City’s project consultant, Seimens’s staff has reviewed the RFP responses and recommends that the City proceed with negotiations with HTC. These negotiations will ultimately determine the financial viability of the project so that a final decision can be made to proceed with the investment necessary to produce and del iver the contracted gas to the end user.

History:

Financial Impact: None by this action.

Related Vision Item

(if applicable):


Staff recommends the passage of an oral resolution directing the City Manager or his designee to begin negotiations with the preferred local entity (HTC) for the purchase of landfill gas.

Attachments: None

Presentation: Siemens representatives will make the presentation to City Council.

Publication: An RFP was published on November 20, 2011 in the San Angelo Standard-Times.

Reviewed by Director:

Not applicable

Approved by Legal:

City of San Angelo Office of the City Clerk



From: Alicia Ramirez, City Clerk


Contact: Alicia Ramirez, City Clerk, 657-4405

Caption: Regular Item

First public hearing and consideration of introduction an Ordinance ordering the General Election for May 14, 2011:

AN O RDER CALLING A GENERAL E LECTION F OR T HE PU RPOSE O F EL ECTING MUNICIPAL OFFICERS FOR MAY 14, 2011

UN D ECRETO CO NVOCADO UN A ELECCION GENERAL PARA L A ELECCION D E OFICIALES MUNICIPALES PARA EL 14 DE MAYO DE 2011

Summary/History: The Ordinance ordering the General Election is a routine action required by the Election Code 3.005(a) to set the date of the e lection, possible runoff, and place for ear ly voting. The General Election is to fill full terms for Single Member Districts 1, 3, 5, and Chief of Police. Financial Impact: The expense of the election is shared on a prorata basis with Tom Green County and local Independent School Districts. The agreement(s) will be presented at the next regularly scheduled meeting. City-wide election costs are shared accordingly for each entity; however, due to the 2011 legislative changes and ad option of S B100, t hese c osts may v ary. On December 6, 2011, C ouncil appr oved a r esolution designating and combining pol ling l ocations; and, authorized s taff t o negot iate a nd ex ecute a j oint election services agr eement f or t his and s ubsequent elections unt il 2022. The agr eement out lines t he Elections Administrator w ill c ontinue t o hol d elections f or t he m unicipality on t he May uniform el ection dat e, and participating entities agree to purchase additional equipment and hire additional personnel for the conduct of said elections. Definitive figures will not be available until after the election, therefore the estimated total cost for 2012 will be b ased on pr ior year’s c ost for a c ity-wide election at $40,000.00. T he es timated proportionate shared cost for the City may be $36,000.00. Cost may further decrease since the number of polling locations have decreased. If warranted, a budget amendment will be submitted for additional funds in account 101-0500-411.06-16. Other Information/Recommendation: Staff request consideration by Council to adopt the ordinance calling for the general election. Attachments: Ordinance

AN O RDINANCE O F THE CI TY CO UNCIL OF T HE CI TY OF SAN ANGELO, TEXAS, ORDERING THAT A GENERAL ELECTION BE HELD IN SAID CITY ON THE 12th DAY OF MAY, 201 2, FOR T HE PU RPOSE OF EL ECTING MUNICIPAL O FFICERS; ORDERING P UBLICATION; MAKING P ROVISIONS F OR T HE CO NDUCT O F T HAT ELECTION AND O THER P ROVISIONS I NCIDENT A ND RELATED TO THE PURPOSE OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, t he C ity Council o f t he C ity o f S an A ngelo, Texas (hereinafter referred to as the “City”), pursuant to provisions of the Texas State Constitution, Texas Election C ode a nd C ity C harter for t he C ity o f San A ngelo, does determine t o call a general election for the purpose of electing municipal officers for the following positions: one City Councilmember from Single Member District 1; one City Councilmember from Single Member District 3; one City Councilmember from Single Member District 5; and one Chief of Police; by the qualified voters of t he C ity of San Angelo S ingle Member District Number 1, Number 3, Number 5, and at large, respectively; and WHEREAS, should any candidate for an office in the general municipal election fail to receive a majority of all the votes cast for such office, then in that event it shall be the duty of the City Council to order a runoff election for each position to which no one was elected as required by Section 45 of the City Charter; and WHEREAS, the el ection will be hel d j ointly with t he Wall and V eribest Independent School Districts as authorized by the City Council; and WHEREAS, the meetings at which this Ordinance is considered are open to the public as r equired by l aw, and public notice o f t he t ime, pl ace and pur pose of s aid meetings was given as required by Title 5, Chapter 551, Texas Government Code. NOW, THEREFORE, BE I T O RDAINED B Y T HE CI TY CO UNCIL O F T HE CI TY O F SAN ANGELO, TEXAS: Section 1. T hat all of the above premises are found to be t rue and correct and are incorporated into the body of this Ordinance as if copied in their entirety. Section 2 . The C ity C ouncil or ders an election o f o fficers for the C ity o f S an Angelo, Texas, to be held on the second Saturday of May, 2012,, the same being the 12th day o f May, 20 12, which i s not l ess than seventy (62) days from the date o f the adoption of t his Ordinance, between t he h ours of 7: 00 A .M. and 7: 00 P.M., for t he purpose o f el ecting the f ollowing municipal of ficers: one C ity C ouncilmember from Single Member District 1; one City Councilmember from Single Member District 3; one City Councilmember from Single Member District 5; and one Chief of Police.

Section 3 . That voting at and on said el ection shall be by use of digital scan ballots, an d t he o fficial bal lots for sa id el ection sh all co nform t o t he T exas Election Code, as amended, so as to permit the electors to vote for the candidate of their choice, with t he o fficial bal lot t o co ntain su ch ot her pr ovisions, m arkings and l anguage as required by law.

Section 4. That Early Voting by personal appearance shall be co nducted each weekday, April 30, 2012 through May 4, 2012 from 8:00 A.M. - 5:00 P.M. and May 7, 2012 through M ay 8, 201 2, from 7: 00 A .M. – 7:00 P .M. The C ity o f S an A ngelo w ill utilize the early voting branch locations, Exhibit “A”, designated by Tom Green County as outlined i n t he E lection C ode S ection 42. 002 en titled “ Required U se of C ounty Precincts”. Application for ballot by mail shall be mailed to:

City Clerk, City of San Angelo c/o Vona McKerley, Tom Green County Elections Administrator Judge Edd B. Keyes Building 113 W. Beauregard Ave. San Angelo, Texas 76903

Applications for ballot by mail must be received no l ater than the close of business on Friday, April 27, 2012. Section 5. That said election shall be conducted and the results canvassed and announced as prescribed by t he General Election Law s of t he S tate o f Texas, as amended, and only duly qualified electors shall be qualified to vote. Section 6. T hat the City Clerk is directed and required to publish notice of said election as required by law.

Section 7. This Ordinance shall be effective from and after the date of adoption. INTRODUCED o n t he 17th day o f January, 201 2 and f inally PASSED, APPROVED and ADOPTED on the 7th day of February, 2012. THE CITY OF SAN ANGELO By: ATTEST: Alvin New, Mayor By: Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: ____________________________ ____________________________ Alicia Ramirez, City Clerk Lysia H. Bowling, City Attorney

Exhibit “A”

POLLING PLACES FOR MAY 12, 2012 GENERAL ELECTION AND SUBSEQUENT UNIFORM ELECTION DATES

AND RELATED EARLY VOTING DATES

EARLY VOTING BRANCH LOCATIONS OPEN FROM APRIL 30, 2012 TO MAY 4, 2012 FROM 8:00 A.M. TO 5:00 P.M. & MAY 7, 2012 TO MAY 8, 2012 FROM 7:00 A.M. TO 7:00 P.M.

Main Tom Green County Election Office 113 W. Beauregard, 2nd Floor EV1 River Place Senior Apartments 501 S. Irene EV2 Disability Connections 3184 Executive Drive EV3 Assembly of God Church 1442 Edmund Blvd. EV4 Plaza del Sol Apartments 4359 Oak Grove Blvd

ELECTION DAY POLLING LOCATIONS OPEN FROM 7:00 A.M. TO 7:00 P.M.: 1. Precincts 106, 107, 114, 124, 137, 144, 146, will vote at either one of the following

locations on Election Day:

Precincts Location Address 144 Belmore Baptist Church 1214 S. Bell St. 146 Baptist Memorial Hospital 902 North Main

2. Precincts 215, 230, 241, 228, and 243 will vote at either one of the following locations on Election Day:

Precincts Location Address 230 Southgate Church of Christ 528 Country Club Rd. 241 Sierra Vista United Methodist Church 4522 College Hills Boulevard

3. Precincts 304, 305, 306, 319, 327, 348, and 351 will vote at either one of the following locations on Election Day:

Precincts Location Address 304 Lakeview Bible Church 4825 Grape Creek Rd 319 Heights Southern Baptist Church 4512 Sherwood Way

4. Precincts 401, 402, 420, 421, 434, 435, and 436 will vote at either one of the following locations on Election Day:

Precincts Location Address 421 Plaza Del Sol Apartments 4359 Oak Grove Blvd. 436 MHMR 1501 W. Beauregard

Education

January 17, 2012 Agenda Packet