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NOTICE OF A PUBLIC MEETING

                            AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL
                                       THE CITY OF SAN ANGELO, TEXAS
                                        9:00 A.M. - Tuesday, August 2, 2011
                                   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 6:30 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
         United Way of the Concho Valley's Children's Day Parade, Saturday, August 13, 2010, 10:00 A.M., at
         Kirby Park and Held in Conjunction with the United   Way of the Concho Valley Campaign Kickoff, to be
                                                                                      's
         accepted by Patti Breitreiter, President and Chief Execu Officer of the United Wayand Brenda Gunter,
                                                                tive
         Campaign Chair
      D. Public Comment
         The Council takes public com  ment 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 fo a Consent Agenda item to be moved to the Regular
                                                              r                       ,
         Agenda for public comment.

II.   CONSENT AGENDA
         1. Consideration of approving the July 19, 2011 City Council Regular meeting minutes
         2. Consideration of approving the contractors selectedunder the Pre-Qualification Request for Bidding
            (WU-08-11A) for the Hickory Water Supply Transmission Main Project
         3. Consideration of authorizing the City Manager to execute Change Order #1 (ES-1-11) to the 50 th
            Street Construction & Grape Creek Reconstruction Projects awarded to Reece Albert, Inc. in the
            amount of $86,454.04 for the extenson of Schroeder Avenue from Producers Park to Magnolia Street
                                               i
         4. Second hearing and consideration of adoption of anOrdinance amending Chapter 12, Exhibit “A” of
            the Code of Ordinances, City of San Angelo
             SU 11-02: Ray Zapata
City Council Agenda                                Page 1 of 3                                    August 2, 2011
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 CHANGINGTHE ZONING AND
             CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: a 1.722 acre tract located
             approximately 285’ west of the intersection of Old Knickerbocker Road and South Bry ant
             Boulevard, approving a Special Use to allow placem of a “band stand” or “stage” (categorized
                                                                ent
             as m ajor entertainm ent event) in a Light Manufacturing (ML) District; PROVIDING FOR
             SEVERABILITY AND PROVIDING A PENALTY
         5. Second hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit "A" of
            the City of San Angelo Code of Ordinances regarding the maximum permitted accessory building
            floor area in Ranch & Estate districts
              AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
             OF THE CITY OF SAN ANGELO, TEXAS, BY AMENDING SUBSECTION 402.A.2 PROVI
                                                                                  DING
             A MAXIMUM PERMITTED ACCESSORY BUILDING FLOOR AREA IN RANCH & ESTATE
             (R&E) DISTRICTS; BY AMENDING SUBSECTION         203.B.1; PROVIDING FOR
             ADMINISTRATIVE ADJUSTMENTS PERMITTED FOR FLOOR AREA OF RESIDENTIAL
             ACCESSORY BUILDINGS; PROVIDING FOR SEVERABILITY; AND       PROVIDING AN
             EFFECTIVE DATE
         6. Second Hearing and consideration of adoption of an Ordinance amending the monthly water base
            rates and usage rates
             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 SUBSECTION 8.200(a)(1) IN ITS ENTIRETY;
             AND ADOPTING A NEW SUBSECTION 8.200(a)(1) ESTABLISHING NEW MONTHLY
             BASE RATES FOR VARIOUS METER SIZES AND USAGE RATES, PROVIDING FOR
             SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE
             DATE
         7. Second Hearing and consideration of adoption of an Ordinance amending established boundaries of
            Single Member District 1
             AN ORDINANCE AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE MEMBER
             DISTRICT NUMBER 1 FOR THE PURPOSE OF INCORPORATING NEWLY UNINHABITED
             ANNEXED AREAS INTO SAID DISTRICT, AND PROVIDING AN EFFECTIVE DATE
III. REGULAR AGENDA:
     F. EXECUTIVE/CLOSED SESSION
         Executive Session under the provision of Governm ent Code, Title 5. Open Governm ent; Ethics,
         Subtitle A. Open Governm ent, 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 com pany 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
         Executive Session under the provision of Governm ent Code, Title 5. Open Governm ent; Ethics,
         Subtitle A. Open Governm ent, Chapter 551. Open Meetings, Subchapter D. Exceptions to
         Requirement that Meetings be Open, Section 551.072 todiscuss the purchase, sale, exchange, ease, or
                                                                                                    l
         value of real property



City Council Agenda                              Page 2 of 3                                  August 2, 2011
G. PUBLIC HEARING AND COMMENT

              8. Update by Siemens Industry, Inc. regarding the feasibility of a landfill gas project 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, Martha Senf and Chad Nobles with
                  Siemens Technology)
              9. Consideration of modifications to the Water Conservation/Drought Contingency Plan and any action
                 in connection thereto
                  (Presentation by Water Utilities Director Will Wilde)
              10. Discussion of the 2011-2012 budget goals, policy, and all City funds, including, but not limited to:
                  a. General Fund, Water Fund, Waste Water Fund, other funds, and fund balances, and any action in
                     connection thereto
                  b. Consideration of a record vote to propose a property tax rate for FY 2011-2012, and any action in
                     connection thereto
                  (Presentation by Finance Director Michael Dane and City Manager Harold Dominguez)
              11. Presentation and discussion regarding water treatment alternatives for the Hickory Water Supply
                  Project and any action in connection thereto
                  (Presentation by Water Utilities Director Will Wilde and Carollo Engineering representative Hutch
                  Musallam)
              12. Discussion of stormwater utility fee revenue, budget expenditures and program activities
                  (Presentation by City Engineer Clinton Bailey)
              13. Discussion and consideration of pumping water from the south pool of the Twin Buttes reservoir
                  (Presentation by Water Utilities Director Will Wilde)
           H. FOLLOW UP AND ADMINISTRATIVE ISSUES

              14. Consideration of matters discussed in Executive/Session, if needed
              15. Consideration of a Board nominations by Council and designated Councilmembers:
                  a. Downtown Development Commission: Tim Edwards to an unexpired term February 2013
Addendum      16. Consideration of designating a chairperson or co-chairpersons from the appointed members of the
                  Downtown Development Commission
              17. Consideration of Future Agenda Items
              18. Adjournment

             Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter
             551, Wednesday, July 27, 2011, at 5:00 P.M.


           /s/________________________
           Alicia Ramirez, City Clerk




     City Council Agenda                                 Page 3 of 3                                     August 2, 2011
PROCLAMATION

WHEREAS,            The U nited W ay of t he C oncho V alley's m ission is to
                    increase the organized capacity of people to care for one
                    another; and

WHEREAS,            The U nited W ay of t he C oncho Valley has shown great
                    initiative and e nhanced t he qua lity of life in the C oncho
                    Valley; and

WHEREAS,            The United Way of the Concho Valley works tirelessly to
                    increase awareness of the needs of people in this community
                    and strives to assist them thr ough the s ervices of its
                    nineteen member agencies that provide twenty programs

NOW THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on
behalf of the City Council, do hereby declare Saturday, August 13, 2011 as:

               UNITED WAY OF THE CONCHO VALLEY'S
                         CHILDREN'S DAY
              CELEBRATED WITH A CHILDREN'S PARADE
                     AT 10 A.M. AT KIRBY PARK
                 HELD IN CONJUNCTION WITH THE
               UNITED WAY OF THE CONCHO VALLEY'S
                       CAMPAIGN KICKOFF

and urge all citizens to participate in this extraordinary, humanitarian effort.


                                 IN WITNESS WHEREOF, I have hereunto
                                 set my hand and caused the Seal of the City to
                                 be affixed this 2nd day of August, 2011.

                                 THE CITY OF SAN ANGELO


                                 ____________________________________________
                                 ALVIN NEW, MAYOR
CITY COUNCIL MINUTE RECORD
The City of San Angelo                                                                          Page 819
Tuesday, July 19, 2011                                                                          Vol. 102

                                            OPEN SESSION

BE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, July 19, 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 Councilmember Farmer, thus constituting a quorum.
Whereupon, the following business was transacted:
An invocation was given by Reverend Samuel Green of the Baha’i Faith and pledge was led by Slade Shelton,
son of Joy Shelton, Permit Technician with the Inspections and Permits Department.

PROCLAMATION
“Americans Disability Act Awareness Day – July 26, 2011” was accepted by Bernie Coffee, Disability Program
Navigator of the Concho Valley Workforce D evelopment B oard, W orkforce S olutions, S andra J ohnson,
Assistant Coordinator with Disability Connections, and Amy Salazar, AmeriCorps Volunteer with Disability
Connections.
PUBLIC COMMENT
No one came forward to comment publicly.
CONSENT AGENDA

APPROVAL OF THE JULY 12, 2011 CITY COUNCIL REGULAR MEETING MINUTES
AWARD OF BID(S) AND AUT HORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE ANY NECESSARY RELATED DOCUMENTS:
WU-04-11: High Service Pump Station No. 1 Rehabilitation and High Service Pump Station No. 2 Electrical
Improvements, Craig, Sheffield and Austin Construction, Inc. (Flower Mound, TX), $3,708,200.00
CED-02-11: Business Resource Center Asbestos Abatement, AAR, Inc. (Liberty Hill, TX), $47,000.00
APPROVAL OF A RE COMMENDATION F ROM CITY OF S AN ANGE LO DE VELOPMENT
CORPORATION (COSADC) TO DESIGNATE $1.4 MILLION FROM UNENCUMBERED COSADC
FUNDS TO RENOVATE AND REUSE THE FORMER COKE BUILDING AT 69 N. CHADBOURNE AS
THE BUSINESS RESOURCE CENTER
SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT
“A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX A, PAGE 829, ORDINANCE
#2011-07-076)

SU 11-01: Apostolic House of Worship
Page 820                                                                                               Minutes
Vol. 102                                                                                         July 19, 2011

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY
OF SAN ANGE LO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING
REGULATIONS, US E DI STRICTS AND A Z                   ONING M AP, IN ACCORDANCE WITH A
COMPREHENSIVE P LAN, BY C HANGING THE Z ONING AND CL ASSIFICATION OF T HE
FOLLOWING PROPERTY, TO WIT: 1202 Preusser Street at northeast corner of Florence and Preusser
Streets, approving a Special Use to allow a day care on the site of a religious institutional establishment in a
Single-Family R esidence ( RS-1) District; PROVIDING F OR SEVERABILITY AND P ROVIDING A
PENALTY
SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT
“A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX B, PAGE 831, ORDINANCE
#2011-07-077)

SU 11-03: B.A. & Winkay Reed
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY
OF SAN ANGE LO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 1 2 ADOPTS Z ONING
REGULATIONS, US E DI STRICTS AND A Z                 ONING M AP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE Z ONING AND CL ASSIFICATION OF T HE
FOLLOWING PROPERTY, TO WIT: 3149 Red Bluff Rd East, approximately 385’ west of the intersection
of Red B luff R d East a nd Red B luff R d W est, a pproving a S pecial Use to allow bed-and-breakfast
establishment in a Single-Family Residence (RS-1) District; PROVIDING FOR SEVERABILITY AND
PROVIDING A PENALTY
Councilmembers requested the following items be considered under the Regular Agenda: approval of Angelou
Economics, Inc., SU 11-02 Ray Zapata, and the Ordinance amending Article 5.100.
Motion, to approve the Consent Agenda, as presented, with the exception of the removed items to be considered
on the Regular Agenda, was made by Councilmember Hirschfeld and seconded by Councilmember Morrison.
Motion carried unanimously.
REGULAR AGENDA: PUBLIC HEARING AND COMMENT

APPROVAL OF A RECOMMENDATION OF THE CITY OF SAN ANGELO DEVELOPMENT
CORPORATION (COSADC) TO AUTHORIZE THE COSADC PRESIDENT T O NEGOTIATE THE
TERMS OF A CONSULTING AGREEMENT WITH ANGELOUECONOMICS, INC. AS THE FIRM TO
DESIGN, IMPLEMENT, AND DE LIVER A COM PREHENSIVE E CONOMIC DE VELOPMENT
STRATEGIC PLAN FOR THE CITY OF SAN ANGELO, AND AUTHORIZATION FOR THE COSADC
PRESIDENT TO EXECUTE A CONT RACT WITH RECOMMENDED FIRM ON BE HALF OF THE
CORPORATION
Shawn Lewis Community and Economic Development Director and Donna Osborne presented background
information.
Councilmember Morrison expressed h is c oncerns on t he c ost f or t he p lan a nd t he d iminishing funding
resources under the City of San Angelo Development Corporation.
Discussion was held on the strategic plan objectives, measurements and or matrix standards, cost of the plan,
results of the plan, and completion of the plan scheduled for December 2011.
Motion, to approve, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember
Adams. AYE: New, Alexander, Silvas, Adams, and Hirschfeld. NAY: Morrison. Motion carried 5-1.
SECOND HEARING AND ADOP TION OF AN ORDINANCE AMENDING ART ICLE 5 .100,
ALCOHOLIC BEVERAGES REGULATIONS AND DE LETING S ECTION 8 .119, UNL AWFUL T O
CARRY ALCOHOLIC BEVERAGES OF THE CITY OF SAN ANGELO CODE OF ORDINANCES AS
Minutes                                                                                                Page 821
July 19, 2011                                                                                          Vol. 102

RELATED TO THE TEXAS BANK S PORTS COMPLEX AND T HE 29TH STREET RECREATION
AREA (ANNEX C, PAGE 833, ORDINANCE #2011-07-078)
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO,
TEXAS BY AMENDING CHAPTER 8, OFFENSES AND NUISANCES, ARTICLE 8.100, GENERAL
OFFENSES, BY REPEALING SECTION 8.119, ENTITLED UNLAWFUL TO CARRY ALCOHOLIC
BEVERAGES INTO THE 29TH STREET RECREATION AREA; AMENDING CHAPTER 5, BUSINESS
AND COMMERCE, ARTICLE 5.100, AL COHOLIC BEVERAGES RE GULATIONS, BY ADDING
SECTION 5.107 ENTITLED, ALCOHOLIC BEVERAGES IN THE TEXAS BANK SPORTS COMPLEX,
RESTRICTING ALCOHOL IN THE TEXAS BANK SPORTS COMPLEX; PROVIDING FOR PERMITS
AUTHORIZING ALCOHOL FOR SPECIFIC EVENTS ON CONDI TIONS STATED IN THE TEXAS
BANK SPORTS COMPLEX; PROVIDING FOR A P ENALTY; PROVIDING FOR SEVERABILITY;
AND, PROVIDING FOR AN EFFECTIVE DATE
Councilmember Morrison expressed his concerns on the negative impact of such an allowance at the sports
complex.
Motion, to adopt the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by Mayor
New.
Public comment was made by Citizen Harvey Graham.
A vote was taken on the motion on the floor. AYE: New, Alexander, Silvas, Adams, and Hirschfeld. NAY:
Morrison. Motion carried 5-1.

FIRST HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT
“A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
SU 11-02: Ray Zapata
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY
OF SAN ANGE LO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING
REGULATIONS, US E DI STRICTS AND A Z                   ONING M AP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE Z ONING AND CL ASSIFICATION OF T HE
FOLLOWING PROPERTY, TO WIT: a 1.722 acre tract located approximately 285’ west of the intersection
of Old Knickerbocker Road and South Bryant Boulevard, approving a Special Use to allow placement of a
“band stand” or “stage” (categorized as major entertainment event) in a Light Manufacturing (ML) District;
PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
Planning Manager AJ Fawver presented background information.
Discussion was h eld o n t he co mplaints r eceived b y ci tizens r egarding similar venues and the difficulty to
enforce existing ordinances as w ritten, clarification of the uses regarding the size of the lot, and Council’s
approval of the Planning Commission’s recommendation.
Motion, to adopt the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by Mayor
New.
Public comment was made by Proponent Ray Zapata.
A vote was taken on the motion on the floor. AYE: New and Hirschfeld. NAY: Alexander, Morrison, Silvas,
Adams. Motion failed 2-4.
Motion, to introduce, as presented and amended, to include the revision on the exception of the weekend hours
from 1:00 A.M. to 2:00 P.M. on Friday and Saturday nights, was made by Councilmember Silvas and seconded
by Councilmember Morrison. AYE: Ne w, Alexander, Morrison, Silvas, and Adams. NAY: Hirschfeld.
Motion carried 5-1.
Page 822                                                                                             Minutes
Vol. 102                                                                                       July 19, 2011

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

At 10:23 A.M., Council reconvened, and the following business was transacted:
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT "A" OF THE CITY OF SAN ANGELO CODE OF ORDINANCES REGARDING THE
MAXIMUM PERMITTED ACCESSORY BUILDING FLOOR AREA IN RANCH & ESTATE DISTRICTS
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, OF THE
CITY OF SAN ANGELO, TEXAS, BY AM ENDING SUBSECTION 402.A.2 PROVIDING A M AXIMUM
PERMITTED ACCESSORY BUILDING FLOOR AREA IN RANCH & ESTATE (R&E) DISTRICTS; BY
AMENDING SUBSECTION 203.B.1; PROVIDING FOR ADMINISTRATIVE ADJUSTMENTS PERMITTED
FOR FLOOR AREA OF RESIDENTIAL ACCESSORY BUILDINGS; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
permanent supplement file.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by
Councilmember Adams.
Discussion was held on the minimum lot sizes, accessory buildings, meeting the set back requirements, and
regulations in similar zoning districts.
A vote was taken on the motion on the floor. Motion carried unanimously.
APPROVAL OF AN AMENDMENT TO VISION PLAN COMPONENT OF THE SAN ANGELO
COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, INCLUDING A SLIGHT MODIFICATION AS
RECOMMENDED BY CITY COUNCIL, ON PROPERTIES IN THE VICINITY OF HOUSTON HARTE
EXPRESSWAY, EXTENDING EAST FROM NORT H BELL STREET TO 450’ EAST OF NORTH
MONTAGUE STREET
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
permanent supplement file.
Motion, t o approve the a mendment, a s p resented, including a slight m odification extending t he n orthern
transitional a rea ending at Beacon Street east approximately 410 feet east of North Montague to meet the
commercial designation to the east, was made by Councilmember Adams and seconded by Councilmember
Hirschfeld. Motion carried unanimously.
APPROVAL AND P UBLIC HEARING OF THE 2011 ANNUAL ACTION PLAN FOR USE OF CDBG
AND HOME FUNDS AND AUTHORIZATION FOR CITY MANAGER TO EXECUTE THE ANNUAL
APPLICATIONS, REQUIRED CERTIFICATIONS, AND RELATED DOCUMENTS
Neighborhood and Family Services Director Bob Salas presented background information.
Motion, t o approve, as p resented, was made by Councilmember Adams and seconded by Councilmember
Silvas. Motion carried unanimously.
UPDATE ON CONSTRUCTION BUDGETS FOR CITY HALL, OLD LIBRARY, CENTRAL PLANT, AND
UTILITY BILLING OFFICE
Assistant City Manager Elizabeth Grindstaff presented background information. A copy of the presentation is
part of the permanent supplement file.
Minutes                                                                                                 Page 823
July 19, 2011                                                                                           Vol. 102

AUTHORIZATION T O ISSUE CHANGE ORDE R # 1 T O THE CONTRACT WITH STODDARD
CONSTRUCTION MANAGEMENT INC. ( SCMI) ( PUR-04-10B) FOR T HE CONS TRUCTION OF A
BASEMENT AND THE INSTALLATION AND HOOK UP OF HVAC EQUIPMENT FOR THE CITY
HALL PLAZA BUILDINGS ($1,765,084.55) AND FOR THE ADDITIONAL WORK RELATED TO THE
AUDITORIUM ($109,051.41), AS AMENDED FOR THE TOTAL PROJECT AMOUNT OF $1,874,135.96,
CLARIFYING THAT SUCH AMENDMENTS ARE WITHIN THE EXISTING BUDGETED PROJECT
FUND AM OUNTS, AND AUT HORIZATION F OR THE CI TY M ANAGER OR HI S DE SIGNEE TO
NEGOTIATE A CONTRACT AND EXECUTE ANY RELATED DOCUMENTS
Assistant City Attorney Elizabeth Grindstaff and Construction Manager David Knapp presented background
information. A copy of the presentation/document is part of the permanent supplement file.
Discussion was held on the delay of the project based on the change order; the extension of the contract time by
210 days, and the rescheduled move in date from October 2011 to possibly January 2012; the amount of the
change order and related proposed changes, specifically noting the amounts initially presented were amended
from $1,811,007.50 to $1,765,084.55, based on removing the time extension allocation, and from $180,856.41
to $109,051.41, b ased o n t he cr edit f or the basement columns stabilization, for a to tal p roject a mount o f
$1,874,135.96.
Councilmember Morrison expresses h is c oncern on t he proposed changes, t he associated costs, the in itial
project as presented by staff, and the additional work requested by staff of the contractor.
Motion, to authorize Change Order #1, as amended for the total project amount of $1,874,135.96, clarifying that
such amendments are within the existing budgeted project fund amounts, was made by Councilmember Adams
and seconded by Councilmember Hirschfeld. AYE: New, Alexander, Silvas, Adams, and Hirschfeld. NAY:
Morrison. Motion carried 5-1.
AWARD OF BID REC-01-11 FOR POOL RENOVATION TO MEGA CONTRACTORS INC. (FT. WORTH,
TX) F OR I N T HE AM OUNT OF $2,725,000.00, INCLUDING AN ADDI TIONAL $184,113.00 F OR
CONTINGENCY, LANDSCAPING AND IRRIGATION OUTSIDE OF THE CONTRACT, INCLUDING
ADDING THE COMPLETION DATE OF APRIL 5, 2012 TO THE LETTER OF INTENT, AND
AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE
A CONTRACT AND ANY RELATED DOCUMENTS
Construction Manager David Knapp presented background information.
General discussion was held on design of the pool and the selection of the pool architect. Council directed staff
to add a completion date of April 5, 2012 to the Letter of Intent.
Motion, to award, as presented, including adding the completion date of April 5, 2012 to the Letter of Intent,
was made by Councilmember Silvas and seconded by Councilmember Hirschfeld. Motion carried unanimously.
AUTHORIZATION FOR STAFF TO NEGOTIATE AN AGREEMENT BETWEEN THE CITY OF SAN
ANGELO AND TEXAS OUTDOORS CONSULTING FOR PROFESSIONAL SERVICES (PK-01-11) IN
THE AMOUNT OF $39,450.00 FOR THE DEVELOPMENT OF A PARKS & RECREATION MASTER
PLAN AND A RE   CREATION US E P LAN F OR T HE TWIN BUTTES RE SERVOIR AND
AUTHORIZATION F OR THE M AYOR AND/ OR T HE CI TY M ANAGER T O E XECUTE SAID
AGREEMENT
Parks and Recreation Director Carl White presented background information. A copy of the presentation is part
of the permanent supplement file.
Discussion was held on the commercial planning use for the Lake Nasworthy area, the related or appropriate
zoning for said area, and future lodging within the park areas.
Public comment was made by Citizen Harvey Graham.
Page 824                                                                                                Minutes
Vol. 102                                                                                          July 19, 2011

Motion, to authorize, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember
Adams. Motion carried unanimously.
RECESS
At 12:06 P.M., Mayor New called a recess.
RECONVENE

At 12:50 P.M., Council reconvened, and the following business was transacted:
DISCUSSION AND POSSIBLE ACT ION RE GARDING T HE WATER CONS ERVATION AND
DROUGHT CONTINGENCY PLAN
Water Utilities Director Will Wilde presented background information. A copy of the presentation is part of
the permanent supplement file.
Discussion was held on the amount used by the average user, the water system efficiency at 92%, implementing
a leak detection program, continuing with the capital replacement program, implementation of the automated
meter reading program, gray water usage under plumbing code, and usage fee amounts. Council suggested
decreasing the Water Conservation rate to 55,000-75,000, Drought Level I usage rates to 45,000-50,000, and
Level II to 25,000-35,000 with the understanding that staff would verify the proposed changes are reasonable
based on the residential yard size.
Discussion was held on incentivizing water conservation measures, designating days to water, spot watering,
establishing levels or categories for surface grass, bushes and trees, and gray water uses.
In conclusion, the Council directed staff to make the proposed ordinance changes to include usage and rate
adjustments, and various adjustments to Drought Level I and II, including, but not limited to, separating golf
course greens, fairways and tea areas, changing the watering frequency for said golf course areas between the
Levels, and removing exemptions from Level II.
City Manager Harold Dominguez informed staff will work with Parks Superintendent Roger Havlak and Water
Utilities Director Will Wilde to come up with the average sized yard and a per gallon usage amount.
Public comment was made by Quicksand General Manager Jack Hutcheson, Superintendent Logan Knapp, Park
Superintendent Jason Donaldson, and Citizen John Perry.
Mr. Dominguez stated the city park system consists of the 476 acres and 188 of those acres have irrigation
systems, but only 23% of those systems are currently utilized. He informed staff has incorporated energy and
water efficiency measures into current construction projects and the Public Information Officer will release
related water conservation information at a future date.
APPROVAL TO GRANT A REQUEST FROM QUICKSAND PARTNERS, LTD. TO PURCHASE RAW
WATER FROM THE CITY OF SAN ANGELO
Water Utilities Director Will Wilde presented background information. He explained the other golf courses
either owned or had prior approval agreements for additional water purchase rights.
Discussion was held on t he a mount o f w ater r equested, l oss o f t he w ater i n c omparison t o t he a mount
purchased, and the impact of granting the water purchase to Quicksand.
Motion, to grant the request at 12 acre feet of raw water per week, eliminating the 24 acre feet contingency,
ending said request on September 30th without further action, and recommending further review of the request
thereafter, was made by Mayor New and seconded by Councilmember Hirschfeld.
Public comment was made by Proponent Jack Hutcheson, Citizens Frederick Harder, Larry Byrd, Ray Wooten,
A vote was taken on the motion on the floor. AYE: New, Alexander, Silvas, Adams, and Hirschfeld. NAY:
Morrison. Motion carried 5-1.
Minutes                                                                                            Page 825
July 19, 2011                                                                                      Vol. 102

RECESS
At 3:03 P.M., Mayor New called a recess.
RECONVENE

At 3:15 P.M., Council reconvened, and the following business was transacted:
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE MONTHLY
WATER BASE RATES AND USAGE RATES
AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO TEXAS, BY AMENDING SECTION 8 .200 “MONTHLY W ATER RATES” TO
REPEAL SUBSECTION 8.200(a)(1) IN ITS E NTIRETY; AND ADOPTING A NEW S UBSECTION
8.200(a)(1) E STABLISHING NE W M ONTHLY BAS E RAT ES F OR VARI OUS M ETER S IZES AND
USAGE RATES, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING
FOR AN EFFECTIVE DATE
Finance Director Michael Dane presented background information.
Water U tilities D irector W ill W ilde informed the m ajority o f th e 5/8” meters are under the residential
classification and 75% of the burden is calculated on the usage rate and 25% on the base rate. He advised the
effective date for the amended rates will be September 1, 2011.
Motion, to in troduce the Ordinance, a s p resented, was made b y Councilmember A dams and seconded b y
Councilmember Hirschfeld.
Public comment was made by Citizen Jim Turner.
A vote was taken on the motion on the floor. Motion carried unanimously.
PUBLIC HEARING AND ADOP TION OF AN ORDINANCE AUTHORIZING THE ISSUANCE AND
SALE OF CI TY OF S AN ANGELO, T EXAS, COM BINATION TAX AND SURPLUS REVENUE
CERTIFICATES OF OBLIGATION, SERIES 2011B, FOR CAPITAL IMPROVEMENT PROJECTS
CONSISTING OF I MPROVEMENTS AND E XTENSIONS T O T HE CITY'S WATER S YSTEM,
INCLUDING GROUNDW ATER P RODUCTION F ACILITIES AND COLLECTION, T REATMENT,
STORAGE AND TRANSMISSION FACILITIES TO DEVELOP THE HICKORY WELL FIELD FOR THE
CITY'S WATER SYSTEM; LEVYING AN ANNUAL AD VALOREM TAX AND PROVIDING FOR THE
PAYMENT OF SAID CERTIFICATES; PROVIDING AN EFFECTIVE DATE; AND ENACTING OTHER
PROVISIONS RELATING TO THE SUBJECT (ANNEX D, PAGE 837, ORDINANCE #2011-07-079)
Finance Director Michael Dane presented background information.
Motion, t o ad opt the O rdinance, a s p resented, w as m ade b y Councilmember H irschfeld and s econded b y
Councilmember Adams. Motion carried unanimously.
TABLING OF T HE DISCUSSION O N STORMWATER UT ILITY F EE RE VENUE, BUDGET
EXPENDITURES AND PROGRAM ACTIVITIES
Mayor New suggested tabling this item until the next meeting. Council concurred.
DISCUSSION OF THE 2011-2012 BUDGET GOALS, POLICY, AND ALL CITY FUNDS, INCLUDING,
BUT NOT LIMITED TO, THE WATER FUND, WASTE WATER FUND, OTHER FUNDS, AND FUND
BALANCES, AND ANY ACTION IN CONNECTION THERETO
Finance Director Michael Dane presented background information. A copy of the presentation is part of the
permanent supplement file.
Page 826                                                                                           Minutes
Vol. 102                                                                                     July 19, 2011

Planning M anager A J Fawver p resented b ackground i nformation r egarding P lanning C omprehensive F ee
proposed increases. Mayor New suggested Council study the information, consider the proposed increases, and
have staff present the information at a future meeting.
Public comment was made by Citizen Fredrick Harder.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING ESTABLISHED
BOUNDARIES OF SINGLE MEMBER DISTRICT 1
AN ORDINANCE AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT
NUMBER 1 FOR THE PURPOSE OF INCORPORATING NEWLY UNINHABITED ANNEXED AREAS
INTO SAID DISTRICT, AND PROVIDING AN EFFECTIVE DATE
City Clerk Alicia Ramirez presented background information.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by
Councilmember Morrison. Motion carried unanimously.

FOLLOW UP AND ADMINISTRATIVE ISSUES
CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION
No action was taken on matters discussed in Executive/Closed Session.
APPROVAL TO CONFIRM THE CIVIL SERVICE COMMISSION NOMINEE, TERESA SPECIAL, BY
CITY MANAGER AND APPROVAL OF SAME BY CITY COUNCIL
Motion, t o confirm the nomination, as p resented, w as m ade b y Councilmember S ilvas and s econded b y
Councilmember Adams. Motion carried unanimously.

CONSIDERATION OF FUTURE AGENDA ITEMS
City M anager Harold D ominguez d istributed th e p roposed August 2 , 2011 Agenda and solicited Council
comments and suggestions.
Councilmember Alexander requested an update on the TxDOT urban mowing contract, environmental nuisance
of plastic bags, and revisions to the water billing invoice.
Planning Comprehensive Fee proposed increases
Councilmember Hirschfeld requested an update on the mission and plans of the Water Advisory Board.
ADJOURNMENT
Motion, to adjourn, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. Motion
carried unanimously.
The meeting adjourned at 5:01 P.M.
                                                         THE CITY OF SAN ANGELO


                                                         ___________________________________
                                                         Alvin New, Mayor
ATTEST:

_______________________________
Alicia Ramirez, City Clerk

Annexes A-D
Minutes                                                                                               Page 827
July 19, 2011                                                                                         Vol. 102


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.)
City of San Angelo



Memo
 Date:          July 26, 2011
 To:            Mayor and Councilmembers
 From:          Will Wilde, Water Utilities Director
 Subject:       Agenda Item for August 2, 2011 Council Meeting
 Contact:       Will Wilde, Water Utilities Director, 657-4209
 Caption:       Consent Item
                Consideration of s electing Contractors f or P re-Qualification ( WU-08-11A) f or t he
                Hickory Water S upply T ransmission Mai n Project and a uthorizing t he C ity
                Manager or his designee to execute any necessary related documents


 Summary: Proposals have been solicited from contractors to be pre-qualified for bidding the 30”
 Hickory Water S upply T ransmission Mai n P roject. R esponses were r eceived f rom 23
 contractors. The information on each contractor was evaluated and ranked to determine
 contractors that were considered experienced and qualified to bid the project.

 History: The transmission main project will consist of the installation of about 60 miles of 30” pipe
 from the well field near Melvin to the water treatment in San Angelo.

 Financial Impact: N/A

 Related Vision Item (if applicable): Long Term Water Supply

 Other   Information/Recommendation: Some of the criteria that contractors were evaluated on
 were:
     ·   Experience constructing water pipeline projects of this size
     ·   Financial condition and bonding capacity
     ·   Personnel experience
     ·   Safety record and insurance
     ·   Current work experience

 A weighing and ranking factor were applied to the criteria to determine a contractor’s overall ranking
 number. Of the 23 submittals, 11 were determined to meet the criteria for bidding the project.

 It is recommended the following contractors be qua lified and allowed to bid the Hickory Water Supply
 Transmission Main Project:

 1. S.J. Louis Construction
 2. Oscar Renda Contracting
 3. Reynolds, Inc.
 4. Garney Construction
5.    John D. Stephens, Inc.
6.    Achen-Gardner Engineering
7.    Don Kelly Construction
8.    Sundt Construction, Inc.
9.    Western Summit Constructors
10.   Barnard Construction Co, Inc.
11.   BAR Constructors, Inc.

Attachments: Pre-qualification Summary and Weighted Rankings

Reviewed by Service Area Director: Will Wilde, Water Utilities Director, July 26, 2011.
San Angelo Hickory Water Supply Project
Summary of Ranking Evaluation

Contractor                               Rank
S.J. Louis Construction                  150
Oscar Renda Contracting                  144
Reynolds, Inc.                           136
Garney Construction                      135
John D. Stephens, Inc                    132
Achen-Gardner Engineering                121
Don Kelly Construction                   120
Sundt Construction, Inc.                 117
Western Summit Constructors              109
Barnard Construction Co., Inc            107
BAR Constructors, Inc.                   103
Archer Western Contractors               102        Insufficient Pipeline Experience
Super Excavators, Inc.                   101        Insufficient Pipeline Experience
Utility Contractors of America           100        Insufficient Pipeline Experience
W.A. Rasic Construction Co., Inc.        98         Insufficient Pipeline Experience
BRH-Garver Const. L.P.                   97         Insufficient Pipeline Experience
Holloman Utilities                       95             Only One Large Project
                                                     No Other Depth of Experience
Boyer, Inc.                              81         Insufficient Pipeline Experience
McClean Construction                     77     Insufficient Pipeline Experience No QA
Associated Pipe Line Contractors, Inc.   67         Insufficient Pipeline Experience
Housley Communications                   67     Insufficient Pipeline Experience No QA
Rockdale Pipeline, Inc.                  66         Insufficient Pipeline Experience
James Construction Group                 64         Insufficient Pipeline Experience
Contractor Pre-Qualification Ranking Evaluation Table
                                                                                   Weighting Factor x Ranking = Total Evaluation; Pass = P & Fail = F
                                                                                               10               4                 6                           3              7
                                                                                                                                                          Additional                    Performed
                                                                            Statement      Construction      Current         Personnel       Minimum     Background      Integrity of    Pipeline
                                               Safety    Quality 5 Years or of Financial   Experience        Projects       Experience      Insurance    Information     Appplicant      Projects
CONTRACTOR                            EEO     Program   Program     More     Condition     Weight = 10     Weight = 4       Weight = 6     Requirement   Weight = 3     Weight = 7        $25M                                          Weighted
(Name, Address)                      P or F    P or F    P or F    P or F      P or F      Rank = 1 - 5    Rank = 1 - 5     Rank = 1 - 5      P or F     Rank = 1 - 5   Rank = 1 - 5      P or F                Notes                    Total
S.J. Louis Construction
520 S. 6th Ave                                                                   P
                                       P        P          P          P                         5                5               5               P            5              5             P                                              150
Mansfield, TX 76063                                                           $168/500

Oscar Renda Contracting
608 Henrietta Creek Rd                                                           P
                                       P        P          P          P                         5                5               4               P            5              5             P                                              144
Roanoke, TX 76262                                                            $400/700M

Reynolds, Inc.
4520 N. State Road 37                                                            P
                                       P        P          P          P                         5                3               4               P            5              5             P                                              136
Orleans, IN 47452                                                            $250/550M

Garney Construction
1333 NW Vivion Rd                                                                P
                                       P        P          P          P                         5                5               5               P            0              5             P              Alan Henry Pipeline             135
Kansas City, MO 64118                                                        $250/500M

John D. Stephens, Inc                                                                                                                                                                                  TRWD 1987 - 185,000 ft
272 Hurrican Shoals Td                                                           P                                                                                                                           90" PCCP
                                       P        P          P          P                         5                2               4               P            5              5             P         Lake Chapman - 72" Pipeline          132
Lawrenceville, GA 30046                                                        $150M
                                                                                                                                                                                                               2003
Achen-Gardner Engineering
550 S. 79th Street                                                               P
                                       P        P          P          P                         4                4               5               P            0              5             P                                              121
Chandler, AZ 85226                                                             $200M

Don Kelly Construction
2150 Analysis Drive                                                              P
                                       P        P          P          P                         4                3               3               P            5              5             P                                              120
Bozeman, MT 59718                                                             $30/300

Sundt Construction, Inc.
911 Central Parkway North, Ste 375                                               P
                                       P        P          P          P                         5                2               4               P            0              5             P                                              117
San Antonio, TX 78232                                                          $700M

Western Summit Constructors
5470 Valley Highway                                                              P                                                                                                                      Subsidiary of Kiewt Corp
                                       P        P          P          P                         3                5               4               P            0              5             P              Alan Henry Pipeline             109
Denver, CO 80216                                                                $8B

Barnard Construction Co., Inc
701 Gold Ave                                                                     P
                                       P        P          P          P                         4                2               4               P            0              5             P                                              107
Bozeman, MT 59715                                                              $800M

BAR Constructors, Inc.                                                           P
PO Box 10                              P        P          P          P      $80/200M           3                2               5               P            0              5             P                                              103
Lancaster, TX 75146

Archer Western Contractors                                                                                                                                                                          8 years since Last Large Pipeline
                                       P        P          P          P         $1B             2                2               4               P            5              5             F                     Project                  102
Arlington, TX

Super Excavators, Inc.
                                                                                 P                                                                                                                  No Large W/W Pipelines in Last
N59 W14601 Bobolink Ave                P        P          P          P                         4                2               1               P            4              5             F           Five Years No Resumes              101
                                                                             $50/120M
Menomonee Falls, WI 53051
Utility Contractors of America
                                                                                 P                                                                                                                   No Large Pipelines in last Five
927 Hughway 62                         P        P          P          P                         3                2               2               P            5              5             F         Years Small Line Experience          100
                                                                              ?/$75M
Wolfforth, TX 79382-9778
W.A. Rasic Construction Co., Inc.
                                                             P                                      No Large Pipelines in Last Five
7314 Scout Avenue                        P   P   P   P                2   1   4   P   5   5   F         Years 10,000 LF max              98
                                                          $65/200
Bell Gardens, CA 90201
BRH-Garver Const. L.P.
                                                             P                                     No Large W/W Pipelines in Last
7600 S. Sante Fe, Bldg. A-1 East         P   P   P   P                2   3   3   P   4   5   F             Five Years                   97
                                                          $16/70M
Houston, TX 77061
Holloman Utilities
                                                             P                                     Salt Lake Pipeline Project Went
13730 IH 10 East                         P   P   P   P                3   3   3   P   0   5   F                 Well                     95
                                                         $20/200M
Converse, TX 78109
Boyer, Inc.
                                                             P                                    No W / W Large Pipelines in Last
8904 Fairbanks N. Houston Rd.            P   P   P   P                2   2   3   P   0   5   F   Five Years Quite a bit of Litigation   81
                                                         $30/200M
Houston, TX 77064
McClean Construction
                                                             P                                    No QA Program / Large Pipelines in
4101 Trimmier Rd                         P   P   F   P                2   1   3   P   0   5   F           Last Five Years                77
                                                          $13/85M
Killeen, TX 76542
Associated Pipe Line Contractors, Inc.
                                                             P
3535 Briarpark, Ste 135                  P   P   P   P                1   1   3   P   0   5   F       No Large W / W Pipelines           67
                                                          $50/300
Houston, TX 77042
Housley Communications
                                                             P                                        No QA Program / No Large
3550 S Bryant Blvd                       P   P   F   P                1   1   1   P   4   5   F          Pipelines over $1M              67
                                                          $6/60M
San Angelo, TX 76903
Rockdale Pipeline, Inc.
                                                             P                                      No Large Pipelines in Last Five
1925 Old Covington Hwy, SE               P   P   P   P                1   1   4   P   0   4   F                 Years                    66
                                                           $150M
Conyers, GA 30013
James Construction Group
11200 Industriplex Blvd, Ste 150                              P                                     No Large Pipelines in Last Five
                                         P   P   P   P                1   2   3   P   0   4   F                 Years                    64
Baton Rouge, LA 70809                                    $588/1200M
City of San Angelo



Memo
 Date:                July 28, 2011

 To:                  Mayor and Councilmembers

 From:                Clinton Bailey, Engineering Services

 Subject:             Agenda Item for August 2, 2011 Council Meeting

 Contact:             Blake Wilde, Engineering Services, 325-481-2749

 Caption:             Consent
                                                                                                           th
                      Authorization of t he C ity Manager t o ex ecute C hange O rder # 1 ( ES-1-11) 50
                      Street Construction & Grape Creek Reconstruction Projects to Reece Albert, Inc.
                      in t he am ount of $86, 454.04 f or t he ex tension o f Schroeder Avenue from
                      Producers Park to Magnolia Street.

 Summary:             A private donation w as gi ven to the C ity for additional am enities t o be ad ded at
                      Producers Park earlier this year. The extension of Schroeder Avenue is one of the
                      additional items.

 History:             A por tion of S chroeder Avenue was c onstructed dur ing t he c onstruction of
                      Producers Park. This ex tension will now connect Schroeder Avenue f rom R icks
                      Drive to Magnolia Street.

 Financial Impact:    $86,454.04 from a pr ivate dona tion t o t he C ity f or addi tional am enities a t
                      Producers Park.

 Related Vision Item: Transportation & Parks and Open Space Vision Items

 Other Information/   Staff recommends authorization of the City Manager to execute Change Order #1
                                  th
 Recommendation:      (ES-1-11) 50 Street C onstruction & Grape C reek R econstruction P rojects t o
                      Reece Albert, I nc. i n t he amount of $86, 454.04 f or the ex tension of S chroeder
                      Avenue from Producers Park to Magnolia Street.
 Attachments:         ENG ES-1-11 Change Order No1.pdf

 Presentation:        None.

 Reviewed by          Shawn Lewis, Community & Economic Development, July 18, 2011
 Director:

 Approved by Legal:   NA




                                                                                              Adopted: 5/30/03
                                                                                              Revised: 6/21/10
City of San Angelo



Memo
 Meeting Date:         July 12, 2011

 To:                   Mayor and Council members

 From:                 AJ Fawver, Planning Manager

 Subjects:             SU 11-02, a req uest for approval of a Spe cial Use to a llow placement
                       of a “band stand” or “stage”, categorized in the Zoning Ordinance as a
                       major entertainment event, on the subject property:

 Location:             a 1.722 a cre tract located approximately 285’ we st of th e intersection of Old
                       Knickerbocker Road and South Bryant Boulevard in sou            th centra l San
                       Angelo, specifically the remainder of Tract C in the T.J.A.K. A ddition to San
                       Angelo

 Contacts:             Ray Zapata                                                          212-3151

                       AJ Fawver, Planning Manager                                         657-4210


 Summary: The applicant is seeking to obtain a Special Use that would allow him to place
 a “ban d stand” o n th e subject p roperty, wh ich cur rently serv es as addit ional parking fo r
 Mejor Que Nada restaurant and also houses a small office building. The b and stand is not
 proposed to be enclosed, and would be used for special events to be held on-site.

 As its n ame im plies, a Spec ial Use is a le gislative act to allow some part icular prop osed
 activity at a location in a zoning d istrict wher e it other wise wo uld b e proh ibited. Like an y
 change to the offic ial zoning ma p, ap proval of a Sp ecial Us e r equires a ction by S an
 Angelo’s City Co uncil, after a he aring a nd recommendation by the Planning Commission.
 In doing so, the Planning Commission may:
 (1) recommend approving the proposed Special Use as requested; or
 (2) recommend approving the pro posed Spe cial Use subject to ce rtain co nditions
     intended, for example, to make it more compatible in its particular environment;
 (3) recommend denying the requested Special Use; or
 (4) modify the app lication to some alternative zoning c lassification believed to b e mor e
     appropriate, in which case another public hearing will need to be scheduled.
Surrounding Zoning and Land Use:

North          General/Heavy Commercial (CG/CH) &           retail (restaurants, auto part stores,
               Light Manufacturing (ML)                     car wash, gas station), residences
East           General/Heavy Commercial (CG/CH),            retail (restaurants, auto part store)
               General Commercial (CG),                     offices, residences
               Neighborhood Commercial (CN),
               Single-Family Residential (RS-1)


South          Light Manufacturing (ML),                    retail (general, lube center),
               General/Heavy Commercial (CG/CH),            offices, residences
               General Commercial (CG),
               Single-Family Residence (RS-1)
West           Light Manufacturing (ML)                     car sales, DeCoty Coffee Co

Background:

The property owner desires to p lace a “band stand” on the s ite which would host periodic
events of a cultural or musical nature, in ass ociation with the ne ighboring restaurant. Th is
type of use is c haracterized in th e Zon ing O rdinance a s an “ entertainment event, ma jor”.
These activ ities are ge nerally of a spectator natur e and dra w large num bers of people to
specific events or shows. Outdoor amphitheaters, for example, fall into this category. Such
a use is only allowed in an ML district with approval of a Special Use.

Analysis and Recommendation:

The area is unique in that it is s urrounded by a variety of zoning c lassifications, from v ery
light (RS- 1) to v ery heavy (ML ). The property is also         near a major th oroughfare
(Knickerbocker Rd) which was, in its infancy, was surrounded by many manufacturing uses
but is g radually tra nsitioning to a com mercial c orridor. Also n earby is So uth Brya nt
Boulevard, anoth er major thoro        ughfare wit h e xtensive comm ercial dev elopment.
Residential dev elopment in this area is isolat ed an d dat es bac k to the mid-1 950’s, b ut is
unlikely to continue b ased on th e newer featu res and patterns of gro wth in the immediate
vicinity.

As mentioned above, approving a Special Use is a legislative act to allow som e particular
proposed a ctivity at a location in a zon ing district wh ere such act ivity wou ld ot herwise b e
prohibited by z oning regulations. A lthough pote ntially ap plicable to “ any u se d eemed
appropriate” in a ny z oning district , San An gelo’s Z oning Ordin ance goes on t o state that
Special Uses should be restricted to circumst ances “where such u se can prov ide effective
transition between les s restrict ive and m ore restrictive z oning d istricts.” For e xample, a
Special Us e for s ome lim ited nonresidential activ ity m ay be co nsidered in a reside ntial
district alo ng its b oundary wit h a comm ercial district, prov iding a usefu l a nd effectiv e
transition between two otherwise incongruous environments.

This is the general standard that must be met, in order for the requested Special Use (i.e., a
day care) to be ap proved on the subject property in a Single-Family Residence District. It
does appear that this use would cr eate a tr ansition between a more restrictive zoning (ML)
and less restrictive zoning (CG, CG/CH).

Zoning Or dinance S ubsection 209.H ide ntifies still more crit eria for th e Plann ing
Commission an d City Council to use in de ciding wheth er to ap prove a requ ested Sp ecial
Use, including:

      Impacts Mi nimized. Whether and the ex tent to whic h t he proposed Sp ecial Use
       minimizes adverse effects on adjacent properties.

      Compatible with Su rrounding Area.       Whether a nd th e ex tent to which the
       proposed Special Use is compatible with ex isting and anticipated uses surrounding
       the subject property.

      Traffic Circulation. Whether and the extent to whic h the proposed Special Use is
       likely to re sult in ex traordinarily prolon ged or recu rrent congest ion of surro unding
       streets, especially minor residential streets.

      Community Need. Whether a nd the ex tent to wh ich the pr oposed S pecial Us e
       addresses a demonstrated community need.

      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 pr oposed us e is compatible, ov erall, with the su rrounding p roperties. Additionally,
because of the pr oximity to ma jor thoro ughfares, ther e a ppears to be no issue with tr affic
circulation. That said, the pot ential for adverse effects exists because of the introduction of
noise to th e env ironment. From ex perience, we kn ow that ev en sem i-enclosed ar eas
generate n oise th at can carry fo r quite a distance. In this partic ular c ircumstance, th e
subject pro perty is no t ev en partially enc losed. Howev er, San Ange lo h as separat e
ordinances to regulate noise generated by such an event, located in 8.101 and 9.109.

Staff generally recommends approval of this request, subject to conditions outlined below:

       (1)    Events on this pr operty can only b e held between the h ours of 7:00 am (as
              referenced in 8.101) and 10:30 pm (as refe renced in 8.101) Sunday through
              Thursday;

       (2)    Events on this pr operty can only b e held between the h ours of 7:00 am (as
              referenced in 8.101) and 11:30 pm on Fridays and Saturdays; and

       (3)    Speakers and lig hting will b e s ituated s o as to minim ize so und a nd lig ht
              directed at nearby residences.

At its June 30 th meeting, the Pla nning Commission ap proved this request, subject to th      e
following conditions:

       (1)    Events on this pr operty can only b e held between the h ours of 7:00 am (as
              referenced in 8.101) and 11:00 pm (as refe renced in 8.101) Sunday through
              Thursday unless administratively approved by staff;
(2)   Events on this pr operty can only b e held between the h ours of 7:00 am (as
            referenced in 8.1 01) and      1 am o n Fr idays an d Saturd ays unless
            administratively approved by staff;

      (3)   Placement of a privacy fence meeting the standards of the Zoning Ordinance
            along the northern boundary of the site; and

      (4)   Speakers and lig hting will b e s ituated s o as to minim ize so und a nd lig ht
            directed at nearby residences.

Notification:             Seven (7) own ers of near by pro perty wer e forma lly not ified of
                          this application for Special Use approval.

                          0 notifications were returned in favor; and

                          1 notific ation was ret urned in o pposition, stating th at, “The
                          crowds & noise would not bother us but I would be concerned
                          about sec urity of all th e eq uipment I hav e o n m y ne ighboring
                          yard. We have lots of small and large equipment that could be
                          damaged o r stolen if the crowds cont ained “elem ents” that
                          when dr inking m ight d ecide to clim b our fen ce & “play” on it.
                          Our issue is security and that is the reason for our objection.”

Attachments:              excerpt from zoning    map, highlightin g sub ject prop erty of
                          requested Special Use;
                          aerial ph oto of s ame v icinity (as a bove-mentioned map )
                          highlighting subject property of requested Special Use;

                          graphic from applicant showing proposal on the site; and

                          draft min ute ex cerpt from Pla nning Commission me eting o f
                          June 20th.
                          Revised Ordinance based on 7/12/11 City Council meeting
Presentation:             AJ Fawver, Planning Manager

Reviewed by:              AJ Fawver, Planning Manager
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF T HE CODE OF
        ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF
        CHAPTER 12 A DOPTS ZONI NG REG ULATIONS, USE DIST RICTS AN D A
        ZONING MAP, I N A CCORDANCE WIT H A CO MPREHENSIVE PLAN, BY
        CHANGING THE ZO NING AND CLASSIFICATION OF THE FO LLOWING
        PROPERTY, TO WIT: a 1.722 acre tract located a pproximately 285’ w est
        of the intersection of Old K     nickerbocker Road and South Br       yant
        Boulevard in south central San Ange lo, specifically the remainder of
        Tract C in the T.J.A.K . Addition to San Angelo, a pproving a Sp ecial Use
        allowing a major entertainment event on propert y in a Light Manufacturing
        (ML) district; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: S    U 11-02: Ra      y Zapata

        WHEREAS, the Pla nning Commission fo r the City of Sa n An gelo and th e g overning
body for the City of San Angelo, in compliance with the charter and the state law with reference
to zoning regulations a nd a zon ing map, have g iven requisite n otice b y p ublication 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, i s of the op inion th at zoni ng ch anges sho uld be ma de as se t ou t herei n; 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 th e property hereinafter described: a 1.722 acre tract located
approximately 285’ w est of the intersection of Old K nickerbocker Road and South
Bryant Boulevard in south central San Angelo, specifically the remainder of Tract C in
the T.J .A.K. Addition to San Angelo , shall ha ve a Special Us e allo wing a majo r
entertainment ev ents in a manu facturing zoning district on th e property. Said speci al
uses shall have no fundamental effect upon its underlying or base zoning classification.

The Director of Pla nning is hereby directed t o correct zo ning district ma ps in th e offic e of th e
Director of Planning, to reflect the herein described changes in zoning.

 SECTION           2: That in all other respects, the u se of the h ereinabove 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:
SEVE           RABILITY:
        The terms and provisions of this Or dinance shall be deemed to b e 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:
PENALT         Y:

      Any person who violates any provisions of this article shall be g uilty of a misdemeanor
      and, upon conviction, shall be subject to a f ine as provided for in S ection 1.106 of the
      Code of Or dinances fo r th e City of S an A ngelo. Ea ch day of s uch v iolation shall
      constitute a separate offense.

      SECTION 5: T hat th e use of th is s ubject property a llowed u nder th is Special Use
      approval shall be limited to the following conditions:

             (1)      Events on this property can only be held between the hours of 7:00 am
                      and 1 1:00 pm Sun day thro ugh Thursd ay unle ss a dministratively
                      approved by staff;

             (2)      Events on this property can only be held between the hours of 7:00 am
                      and 2 am on Fridays and Saturdays unless administratively approved
                      by staff;

             (3)      Placement of a pr ivacy fence meeting t he st andards of the Zon ing
                      Ordinance along the northern boundary of the site; and

             (4)      Speakers a nd lighting will be s ituated so as to minim ize soun d an d
                      light directed at nearby residences.

INTRODUCED on the 12th day of July , 2 011 and finally PAS           SED, AP PROVED AND
ADOPTED on this the 19th day of July, 2011.


                                              THE CITY OF SAN ANGELO




                                             by:______________________________________
                                                                        Alvin New, Mayor


ATTEST:




by:_________________________________
               Alicia Ramirez, City Clerk
City of San
                                                                 Angelo


Memo
Meeting Date:        July 19, 2011

To:                  Mayor and Council members

From:                AJ Fawver, Planning Manager

Subject:             recommended changes to text of San Angelo’s Zoning Ordinance,
                     specifically concerning the maximum size of accessory building s in
                     Ranch & Estate (R&E) zoning districts

Contacts:            AJ Fawver, Planning Manager          657-4210

Caption:             First public hearing and introduction of a n ordinance amending
                     Chapter 12, Ex hibit " A" of th e City of Sa n An gelo Code of
                     Ordinances regar ding the max imum p ermitted ac cessory
                     building floor area in Ranch & Estate districts

                     AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF
                     THE CO DE OF OR DINANCES, OF THE CITY OF SAN
                     ANGELO, TEXAS, B Y AMENDI NG SUBS ECTION 402.A.2
                     PROVIDING A MAX    IMUM PERMITTED A CCESSORY
                     BUILDING FLOOR AREA IN   RANCH & ESTATE (R&E)
                     DISTRICTS; BY AMENDING    SUBSE CTION 203.B. 1
                     PROVIDING FOR ADMINI    STRATIVE ADJUS TMENTS
                     PERMITTED FOR FLOOR AREA        OF RESIDENTA L
                     ACCESSORY BUILDINGS; PROVIDING FOR SEVERABILITY;
                     AND PROVIDING AN EFFECTIVE DATE


Section 402 of San Angel      o’s Zoning Ordinance regulates accessory uses and
structures. As part of this section, a maxim um size on a ccessory buildings f or a lot is
set at no more than 50% of th e floor area of the principal building, or 600 square feet,
whichever is greater.

In the 11 years sinc e this Zoning Ordinanc e went into effect, a number of variance
requests have been received from property owner       s; the majority of these property
owners are living in R&E district s. This alone does not justify a modification, but simply
represents the frequency in which this rule is questioned. However, it does indicate that
the rule, as it is written, might need re-exami nation. While ther e is a distinction in the
next sentence of that regulation, it only o ffers relief for bona fide farm and agricultural
buildings – those used in conjunction with fa rming and agricultural business purposes –
not housing of animals or equipment used simply for personal enjoyment.

It is helpful to recognize and draw attention to the specific features of the R&E zoning
district, a residential z oning unique from all other residential zoning districts. First and
foremost, R&E zoning requires that each lot be at least one acre in size. When
compared to the minimum lot size of the other residential districts shown below, a stark
contrast is quite apparent.

                                  R&E       RS-1        RS-2      RM-1
                     Sq Feet     43560      5000        5000      5000
                     Acreage      1.0 0.115             0.115     0.115


As the cha rt illustrates, the minimum lot size for other residentia l districts which allo w
single-family homes is just over 11% of       the size of the minimum lot size for R&E
districts. While single-acre home lots provide much more space and presents a unique
situation, the limit on accessory building square footage is not handled uniquely.

Another important distinction is the intent of the R&E district; it is also different from all
other residential districts in that it aims to create a suburban or rural setting. Driving
through many of thes e areas, th e rural feel is quite ev ident. Rural areas tend to hav e
more maintenance, thereby requiring larger        equipment than smaller lots of higher
densities. They als o tend to be t he areas where livest ock are kept, and where space
allows accessory building placement.

It is because of these unique characteristics that staff recommends modific ation of the
maximum accessory building square footage allo wed per lot. The current restrictions
are based in sound r easoning a nd intended to protec t resident ial character, maintain
openness, prevent unlawful busine ss operation, and to mainta in a ratio of accessor y
building square footage to pr imary building square footage appropriate. The current
approach of preserving proporti onality is s ound; however, the proportionality in R&E
districts should be adjusted.

With these considerations in mind, City st aff recommends the follo wing modification be
made to the text of San Angelo’s Zoning Ordinance in Section 402.A.2:

1.     Size. A maximum accessory building floor ar ea of 600 square feet or 50 percen t
       of the floor area of the prin cipal building, whichever is greater, shall b e permitted
       on any residential lot. For residential lots zoned Ranch & Estate (R&E), the
       accessory building floor area shall not exceed 100 percent of the floor area of the



                                          Page 2 of 5
principal b uilding. Bona fide farm and agricultural buildings shall be exempt from
       this requirement.

Another change whic h staff woul d like the Counc il to consider is the process by whic h
variances from this requirement are handled. Currently, Section 203 of the Zoning
Ordinance allows the Planning Manager to c        onsider five types of administrative
adjustments, which includes:

       Allow an increase in the floor area of a residential accessory building
       above 50 percent of the total square f ootage of the principa l structure, as
       long as the maximum floor area ratio for the District is not exceeded.

First, there are a number of these administrative adjustm ents turned in annually for a
variance from this standard; very rarely is t he full request granted. In fact, the zonin g
ordinance allows the Planning Manager to allow a 10% dev iation in other numerical
standards, and it has been st    andard pr actice over the years for the Manager to
administratively grant no more than that per centage, as it represents a deviation o f
negligible consequence. This adds time to the customer’s project, as they often then
appeal the decision to the Zoning Board of Adjustment.

In staff’s o pinion, it is more effi cient to simply remove the ability to administratively
approve more than a 10% deviat ion from this st andard as well. In addition, it is more
objective to handle these requests in           this manner – allowing a minimum for
administrative approval and r equiring anything request ed over that amount to be hear d
by the five-member board, thus necessitating the standards for variance be met and the
decision be made by a group rather than an individual.

With these considerations in mind, City st aff recommends the follo wing modification be
made to the text of San Angelo’s Zoning Ordinance in Section 203.B.2:

2.    Allow an increase in the floor ar ea of a residential accessory building by no more
      than 10% over the maxim um allowed in Section 402, so long as the maximum
      floor area ratio for the District is not exceeded.

This item was presented to and disc ussed by the Pl anning Commission on May 16,
2011, at which time they unanimously        recommended approv al of the changes as
outlined within. This it em was als o presented to and discussed by the Zoning Board of
Adjustment on June 6, 2011, at which they also unanimously recommended approval of
the changes as outlined.

Recommendation:             City staff, the Planning Co mmission, and the Zoning Board
                            of Adjustment all recommend approving the modifications to
                            the text of zoning regulations, as itemized above.



                                         Page 3 of 5
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF T HE CODE OF
       ORDINANCES, OF T HE CITY OF SAN ANGELO, TEX AS, BY A MENDING
       SUBSECTION 402. A.2 PROVI DING A MAX IMUM PE RMITTED A CCESSORY
       BUILDING FLOOR A REA IN RA NCH & E STATE (R& E) DISTRICTS; BY
       AMENDING SUBSE CTION 203.B.1 P ROVIDING FO R ADMI NISTRATIVE
       ADJUSTMENTS PE RMITTED F OR F LOOR AREA OF           RESIDENTAL
       ACCESSORY BUILDINGS; P ROVIDING FOR           SEVERABILITY; A ND
       PROVIDING AN EFFECTIVE DATE

         WHEREAS, the Planning Commission for the City of San Angelo, after a public hearing
at a meeting o n May 1 6, 2 011, has re commended t he fo llowing a mendments t o the t ext of
Chapter 12, Exhibit “A” of the Code of Ordinances, City of San Angelo, Texas, which said Exhibit
“A” is otherwise known as the Zoning Ordinance; and

        WHEREAS, the Zoning Board of Adjustment for the City of San Angelo, after a public
hearing at a meeting on                , 2 011, has re commended the fo llowing amendments to
the text of Chapter 12, Exhibit “A” of the Code of Ordinances, City of San Angelo, Texas, which
said Exhibit “A” is otherwise known as the Zoning Ordinance; and

         WHEREAS, th e Ranch & Esta te (R&E) zo ning di strict is unique from a ll other zo ning
districts in it s minimum lot size of one acre, its intent to cr eate a rural or suburban feel, and its
distinction as the zoning district in which most agricultural uses are found:

BE IT ORDAINED BY THE CITY OF SAN ANGELO

1)     THAT Chapter 12, Exhibit “A”, Article 4, Subsection 402.A.2 of the Code of Ordinances of
       the City of San Angelo, Texas shall be and is hereby amended to read as follows:

               A maximum accessory building floor area of 600 square feet or 50 percent
               of the floor are a of the pr incipal bu ilding, wh ichever is gr eater, shall be
               permitted on any residential lot. A maximum accessory building floor area
               of 100 percent of the floor area of the principal building shall be permitted
               on any residential lot within a Ranch & Estate (R&E) zoning district. Bona
               fide farm and agricultural buildings shall be exempt from this requirement.

2)     THAT Chapter 12, Exhibit “A”, Article 2, Subsection 203.B.1 of the Code of Ordinances of
       the City of San Angelo, Texas shall be and is hereby amended to read as follows:

               Allow an in crease in t he floo r area of a r esidential a ccessory building
               above 50 percent of t he total square footage of the principal structure, or
               above 100 percent of the total square footage of the principal structure on
               lots in Ran ch & Estate (R& E) zoning districts, as long as the inc rease
               does not exceed 10 percent above the applicable maximum.

3)     THAT the following severability clause is adopted with these amendments:


                                              Page 4 of 5
SEVE           RABILITY:
         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 this Ordinance shall be effective from and after the date of its adoption.

         INTRODUCED on the                     day of                        , 2011, and finally

PASSED, APPROVED and ADOPTED on this the                      day of                        , 2011.

     CITY                                             OF SAN ANGELO



     b                                          y:______________________________________
                                                       Alvin New, Mayor


ATTEST:



by:_________________________________
         Alicia Ramirez, City Clerk




APPROVED AS TO CONTENT:                       APPROVED AS TO FORM



A. J. Fawver, Planning Manager                Lysia H. Bowling, City Attorney




                                              Page 5 of 5
City of San Angelo



Memo
 Date:          July 14, 2011
 To:            Mayor and Councilmembers
 From:          Will Wilde, Water Utilities Director
 Subject:       Agenda Item for July 19, 2011 Council Meeting
 Contact:       Will Wilde, Water Utilities Director, 657-4209
 Caption:       First Public Hearing and consideration of introduction of an Ordinance amending the
                monthly water base rates and usage rates
                AN O RDINANCE AMENDING A PPENDIX A , A RTICLE 8 .000 O F T HE CO DE O F
                ORDINANCES, C ITY O F SAN ANGELO T EXAS, B Y AMENDING SECTION 8.200
                “MONTHLY W ATER RATES” T O R EPEAL S UBSECTION 8 .200(a)(1) I N I TS
                ENTIRETY; AN D A DOPTING A N EW S UBSECTION 8 .200(a)(1) E STABLISHING
                NEW M ONTHLY BASE RATES FOR VARIOUS METER SIZES AND USAGE
                RATES, PR OVIDING F OR S EVERABILITY, P ROVIDING F OR A P ENALTY AN D
                PROVIDING FOR AN EFFECTIVE DATE


 Summary:        The C ity C ouncil d irected staff t o a mend t he w ater bas e and us age r ates as a
 result of t he budget d iscussions on J uly 12, 20 11 for f inancing of t he H ickory Water S upply
 project.

 History:       The water rates were last amended in 2007.

 Financial Impact: The base fees were increased by 29% and the usage rates were increased
 by $1.31. Total impact to the budget will be $7,386,000. Of this amount, $5,386,000 will go to
 debt service on t he Hickory c apital i mprovements, an d $2, 000,000 for operation of the Hickory
 system.

 Other Information/Recommendation: Staff recommends introduction of the ordinance.
 Recommended changes will be effective September 1, 2011.

 Attachments: Water Rate and Usage Ordinance

 Presentation: Finance Director Michael Dane

 Publication: None

 Reviewed by Service Area Directors: Finance Director Michael Dane and Will Wilde, Water
             Utilities Director, July 14, 2011.
AN ORDINANCE AMENDING A PPENDIX A, A RTICLE
                  8.000 O F T HE C ODE OF OR DINANCES, C ITY OF S AN
                  ANGELO T EXAS, B Y AMENDING S ECTION 8 .200
                  “MONTHLY W        ATER R   ATES”   TO      REPEAL
                  SUBSECTION 8 .200(a)(1) I N ITS EN TIRETY; AND
                  ADOPTING       A   NEW S UBSECTION 8 .200(a)(1)
                  ESTABLISHING NEW MONTHLY BASE RATES FOR
                  VARIOUS M ETER S IZES AND U SAGE R ATES,
                  PROVIDING F OR S EVERABILITY, P ROVIDING F OR A
                  PENALTY AND PROVIDING FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE CITY OF SAN ANGELO:

        1) T HAT, A ppendix A , Article 8. 000 o f t he C ode o f O rdinances, C ity of S an
Angelo, Texas, S ection 8.200, M onthly Water R ates, i s hereby am ended by r epealing
Subsection 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 September 1, 2011.

(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 residential unit)


Building Meter
0-2,000 gallons                    $2.32
Next 3,000 gallons                 $3.46
Next 10,000 gallons                $4.07
Next 50,000 gallons                $4.37
Next 35,000 gallons                $4.52
Over 100,000 gallons               $4.82


Landscape Meter


0–5,000 gallons                    $3.67
Next 10,000 gallons                $4.12
Next 35,000 gallons                $4.37
Next 35,000 gallons                $4.52
Over 85,000 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


1,000 gallons and up               $3.95
Landscape Meter


1,000 gallons and up
Winter*                                         $3.92
Summer**                                        $4.17


Millersview-Doole


1,000 gallons and up
Winter*                                         $5.62
Summer**                                        $6.32


Producers Lamb and Goat


1,000 gallons and up                            $3.95


Fire Hydrants


1,000 gallons and up                            $4.52


UNTREATED WATER

Residential

0-5,000 gallons                                 $1.81

Next 5,000 gallons                              $2.31

Over 10,000 gallons                             $3.02
Commercial, Apartment and Mobile Home
Parks, Industrial, H otel, M otel, H ospital,
School and Government

1,000 gallons and up                            $3.02


*Winter is the billing period of October through April.
**Summer is the billing period of May through September.
2) THAT all remaining subsections of Section 8.200 not amended by this
ordinance remain in full force and effect.

     3) TH AT, the f ollowing se verability cl ause i s hereby adopt ed w ith t his
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 i nvalid, 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 per son w ho violates any pr ovisions of t his article sh all be g uilty of a
       misdemeanor and upon co nviction sh all be su bject t o a fine as provided f or i n
       Section 1. 106 o f t his Code. E ach day of s uch v iolation sh all co nstitute a
       separate offense.

       5) THAT, this Ordinance sh all be e ffective on, from and a fter t he date of
adoption.

       INTRODUCED on the             day of                 , 2011, and finally PASSED,
APPROVED and ADOPTED on this the                  day of           , 2011.

                                                    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
                                                                Office of the City Clerk




Memo
 Date:          July 11, 2011
 To:            Mayor and Councilmembers
 From:          Alicia Ramirez, City Clerk
                Mindy Ward, City Attorney
                                         th
 Subject:       Agenda Item for July 19 Council Meeting
 Contact:       Alicia Ramirez, City Clerk, 657-4405
 Caption:       Regular Item
                First P ublic H earing and consideration of i ntroduction of an Ordinance
                amending established boundaries of Single Member District 1
                AN O RDINANCE A MENDING T HE E STABLISHED BOUNDARIES O F
                SINGLE MEMBER DISTRICT NUMBER 1 FOR THE PURPOSE OF
                INCORPORATING NE WLY UNINHABITED ANNEXED AR EAS I NTO
                SAID DISTRICT, AND PROVIDING AN EFFECTIVE DATE


 Summary:        An annexation in SMD #1 was approved on June 28, 2011(approximately 200
 acres out of H. F. Gantz survey 179, c. Damman Survey 180 and C. A. Voigt Survey 181 in
 tom Green County, Texas, being adjacent and contiguous to the present corporate limits of
 the City of San Angelo).

 As part of the submission under Section 5 of the Voting Rights Act, the annexation updates
 and c hanges t o t he es tablished bo undaries of S ingle Member D istricts should b e c leared
 through the Department of Justice. The area is uninhabited and requires no updates to the
 Census 2010 Population figures.

 The City will comply with the requirements for the submission by adoption of this ordinance.

 Financial Impact: None.

 Other Information/Recommendation: Staff recommends update to established boundary of
 SMD #1.

 Attachments: Annexation Map, Proposed Ordinance, and Revised 2011 SMD Map




  Page 1
AN O RDINANCE AM ENDING T HE E STABLISHED
                BOUNDARIES O F SINGLE M EMBER D ISTRICT
                NUMBER 1 FOR THE P URPOSE O F INCORPORATING
                UNINHABITED NEWLY ANNE XED ARE AS I NTO S AID
                DISTRICT, AND P ROVIDING FOR AN EFFECTIVE
                DATE

WHEREAS, pursuant to the C ity of S an A ngelo C harter, S ection 3 e ntitled “Annexation”, t he
City Council s hall have t he power, after public hearing, of f ixing t he boundaries of t he City of
San Angelo and to annex additional territory by ordinance; and

WHEREAS, on June 28, 2011 , t he C ity C ouncil adopted Ordinance # 2011-06-068 annexing
certain uninhabited areas into the City of San Angelo; and

WHEREAS, it is now necessary to incorporate such areas into a Single Member District within
the City of San Angelo in order to ensure future new residents of the right to vote;

NOW THEREFORE BE IT ORDAINED BY THE CITY OF SAN ANGELO:

    1) THAT, the boundaries of Single Member District 1 be, and are hereby, amended to read
       as follows:

        See attached Exhibit “A” and Exhibit “B” which is incorporated herein by reference for
        all purposes.

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

SEVERABILITY:

That t he t erms and provisions of t his O rdinance shall be de emed to be severable i n that if a ny
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, this ordinance shall be effective from and after adoption of this ordinance.

INTRODUCED on the 19th day of July, 2011, and finally PASSED, APPROVED and
ADOPTED on this the 6th day of August, 2011.

                                                          CITY OF SAN ANGELO, TEXAS


                                                          _________________________
                                                          Alvin New, Mayor
ATTEST:

_________________________
Alicia Ramirez, City Clerk

Approved as to Content:                                   Approved as to Form:

_________________________                                 __________________________
Alicia Ramirez, City Clerk                                Dan Saluri, Assistant City Attorney
EXHIBIT “A”

                   DESCRIPTION OF SINGLE MEMBER DISTRICT 1

                             FOR SAN ANGELO, TEXAS

                BY 2000 U. S. CENSUS P. L. 94-171 TRACT AND BLOCK

TRACT / BLOCK                TRACT / BLOCK              TRACT / BLOCK

000800   6020                 000800   4027               000800    6035
000800   6021                 000800   4028               000800    6047
000800   6028                 000800   4029               000800    6048
001304   1006                 000800   4030               000800    6049
001304   1007                 000800   4031               000800    6051
001304   1008                 000800   4032               000800    6052
001304   1009                 000800   5012               000800    6053
001304   1010                 000800   5014               000800    6054
001304   1011                 000800   5015               000800    6055
001304   1012                 000800   5016               000800    6056
000800   4000                 000800   5017               000800    6057
000800   4001                 000800   5018               000800    6058
000800   4002                 000800   5019               000800    6061
000800   4003                 000800   5020               001304    1000
000800   4004                 000800   5021               001304    1999
000800   4005                 000800   5022               001304    4000
000800   4006                 000800   5023               001304    4001
000800   4007                 000800   5024               001304    4002
000800   4008                 000800   5025               001304    4003
000800   4009                 000800   5026               001304    4004
000800   4010                 000800   5027               001304    4005
000800   4011                 000800   5028               001304    4006
000800   4012                 000800   5029               001304    4007
000800   4013                 000800   5999               001304    4008
000800   4014                 000800   6004               001304    4009
000800   4015                 000800   6005               001304    4010
000800   4016                 000800   6006               001304    4011
000800   4017                 000800   6007               001304    4012
000800   4018                 000800   6008               001304    4013
000800   4019                 000800   6009               001304    4014
000800   4020                 000800   6010               001304    4015
000800   4021                 000800   6011               001304    4016
000800   4022                 000800   6012               001304    4999
000800   4023                 000800   6013               001400    1000
000800   4024                 000800   6029               001400    1001
000800   4025                 000800   6030               001400    1002
000800   4026                 000800   6031               001400    1003
EXHIBIT “A”

001400   2010   001500   1006   001703   2024
001400   2041   001500   1007   001703   2025
001400   2043   001500   1008   001703   2026
001400   3000   001600   4054   001703   2027
001400   3001   001600   4055   001703   2028
001400   3002   001703   1000   001703   5000
001400   3003   001703   1001   001703   5001
001400   3004   001703   1002   001703   5002
001400   3005   001703   1003   001703   5003
001400   3006   001703   1004   001703   5004
001400   3007   001703   1005   001703   5005
001400   4000   001703   1006   001703   5016
001400   4001   001703   1007   001703   5017
001400   4002   001703   1008   001703   5018
001400   4003   001703   1009   001703   5019
001400   4004   001703   1010   001703   5020
001400   4005   001703   1011   001704   3051
001400   4006   001703   1012   001704   3052
001400   4007   001703   1013   001704   3053
001400   4008   001703   2000   001704   3054
001400   4009   001703   2001   001705   1012
001400   4011   001703   2002   001705   1013
001400   4012   001703   2003   001705   1014
001400   4015   001703   2004   001705   1015
001400   4016   001703   2005   001705   1016
001400   4018   001703   2006   001705   1017
001400   5000   001703   2007   001705   1018
001400   5001   001703   2008   001705   1019
001400   5002   001703   2009   001705   1020
001400   5003   001703   2010   001705   1021
001400   5004   001703   2011   001705   1022
001400   5005   001703   2012   001705   1023
001400   5006   001703   2013   001705   1024
001400   5007   001703   2014   001705   1025
001400   5013   001703   2015   001705   1026
001400   5017   001703   2016   001705   1027
001400   5018   001703   2017   001705   1028
001400   5999   001703   2018   001704   3998
001500   1001   001703   2019   001704   3999
001500   1002   001703   2020   001705   1000
001500   1003   001703   2021   001705   1001
001500   1004   001703   2022   001705   1002
001500   1005   001703   2023   001705   1003
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet
City Council August 2, 2011 Agenda Packet

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City Council August 2, 2011 Agenda Packet

  • 1. NOTICE OF A PUBLIC MEETING AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, August 2, 2011 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 6:30 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 United Way of the Concho Valley's Children's Day Parade, Saturday, August 13, 2010, 10:00 A.M., at Kirby Park and Held in Conjunction with the United Way of the Concho Valley Campaign Kickoff, to be 's accepted by Patti Breitreiter, President and Chief Execu Officer of the United Wayand Brenda Gunter, tive Campaign Chair D. Public Comment The Council takes public com ment 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 fo a Consent Agenda item to be moved to the Regular r , Agenda for public comment. II. CONSENT AGENDA 1. Consideration of approving the July 19, 2011 City Council Regular meeting minutes 2. Consideration of approving the contractors selectedunder the Pre-Qualification Request for Bidding (WU-08-11A) for the Hickory Water Supply Transmission Main Project 3. Consideration of authorizing the City Manager to execute Change Order #1 (ES-1-11) to the 50 th Street Construction & Grape Creek Reconstruction Projects awarded to Reece Albert, Inc. in the amount of $86,454.04 for the extenson of Schroeder Avenue from Producers Park to Magnolia Street i 4. Second hearing and consideration of adoption of anOrdinance amending Chapter 12, Exhibit “A” of the Code of Ordinances, City of San Angelo SU 11-02: Ray Zapata City Council Agenda Page 1 of 3 August 2, 2011
  • 2. 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 CHANGINGTHE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: a 1.722 acre tract located approximately 285’ west of the intersection of Old Knickerbocker Road and South Bry ant Boulevard, approving a Special Use to allow placem of a “band stand” or “stage” (categorized ent as m ajor entertainm ent event) in a Light Manufacturing (ML) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 5. Second hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit "A" of the City of San Angelo Code of Ordinances regarding the maximum permitted accessory building floor area in Ranch & Estate districts AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, OF THE CITY OF SAN ANGELO, TEXAS, BY AMENDING SUBSECTION 402.A.2 PROVI DING A MAXIMUM PERMITTED ACCESSORY BUILDING FLOOR AREA IN RANCH & ESTATE (R&E) DISTRICTS; BY AMENDING SUBSECTION 203.B.1; PROVIDING FOR ADMINISTRATIVE ADJUSTMENTS PERMITTED FOR FLOOR AREA OF RESIDENTIAL ACCESSORY BUILDINGS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE 6. Second Hearing and consideration of adoption of an Ordinance amending the monthly water base rates and usage rates 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 SUBSECTION 8.200(a)(1) IN ITS ENTIRETY; AND ADOPTING A NEW SUBSECTION 8.200(a)(1) ESTABLISHING NEW MONTHLY BASE RATES FOR VARIOUS METER SIZES AND USAGE RATES, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE 7. Second Hearing and consideration of adoption of an Ordinance amending established boundaries of Single Member District 1 AN ORDINANCE AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER 1 FOR THE PURPOSE OF INCORPORATING NEWLY UNINHABITED ANNEXED AREAS INTO SAID DISTRICT, AND PROVIDING AN EFFECTIVE DATE III. REGULAR AGENDA: F. EXECUTIVE/CLOSED SESSION Executive Session under the provision of Governm ent Code, Title 5. Open Governm ent; Ethics, Subtitle A. Open Governm ent, 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 com pany 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 Executive Session under the provision of Governm ent Code, Title 5. Open Governm ent; Ethics, Subtitle A. Open Governm ent, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 todiscuss the purchase, sale, exchange, ease, or l value of real property City Council Agenda Page 2 of 3 August 2, 2011
  • 3. G. PUBLIC HEARING AND COMMENT 8. Update by Siemens Industry, Inc. regarding the feasibility of a landfill gas project 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, Martha Senf and Chad Nobles with Siemens Technology) 9. Consideration of modifications to the Water Conservation/Drought Contingency Plan and any action in connection thereto (Presentation by Water Utilities Director Will Wilde) 10. Discussion of the 2011-2012 budget goals, policy, and all City funds, including, but not limited to: a. General Fund, Water Fund, Waste Water Fund, other funds, and fund balances, and any action in connection thereto b. Consideration of a record vote to propose a property tax rate for FY 2011-2012, and any action in connection thereto (Presentation by Finance Director Michael Dane and City Manager Harold Dominguez) 11. Presentation and discussion regarding water treatment alternatives for the Hickory Water Supply Project and any action in connection thereto (Presentation by Water Utilities Director Will Wilde and Carollo Engineering representative Hutch Musallam) 12. Discussion of stormwater utility fee revenue, budget expenditures and program activities (Presentation by City Engineer Clinton Bailey) 13. Discussion and consideration of pumping water from the south pool of the Twin Buttes reservoir (Presentation by Water Utilities Director Will Wilde) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 14. Consideration of matters discussed in Executive/Session, if needed 15. Consideration of a Board nominations by Council and designated Councilmembers: a. Downtown Development Commission: Tim Edwards to an unexpired term February 2013 Addendum 16. Consideration of designating a chairperson or co-chairpersons from the appointed members of the Downtown Development Commission 17. Consideration of Future Agenda Items 18. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Wednesday, July 27, 2011, at 5:00 P.M. /s/________________________ Alicia Ramirez, City Clerk City Council Agenda Page 3 of 3 August 2, 2011
  • 4. PROCLAMATION WHEREAS, The U nited W ay of t he C oncho V alley's m ission is to increase the organized capacity of people to care for one another; and WHEREAS, The U nited W ay of t he C oncho Valley has shown great initiative and e nhanced t he qua lity of life in the C oncho Valley; and WHEREAS, The United Way of the Concho Valley works tirelessly to increase awareness of the needs of people in this community and strives to assist them thr ough the s ervices of its nineteen member agencies that provide twenty programs NOW THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby declare Saturday, August 13, 2011 as: UNITED WAY OF THE CONCHO VALLEY'S CHILDREN'S DAY CELEBRATED WITH A CHILDREN'S PARADE AT 10 A.M. AT KIRBY PARK HELD IN CONJUNCTION WITH THE UNITED WAY OF THE CONCHO VALLEY'S CAMPAIGN KICKOFF and urge all citizens to participate in this extraordinary, humanitarian effort. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 2nd day of August, 2011. THE CITY OF SAN ANGELO ____________________________________________ ALVIN NEW, MAYOR
  • 5. CITY COUNCIL MINUTE RECORD The City of San Angelo Page 819 Tuesday, July 19, 2011 Vol. 102 OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, July 19, 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 Councilmember Farmer, thus constituting a quorum. Whereupon, the following business was transacted: An invocation was given by Reverend Samuel Green of the Baha’i Faith and pledge was led by Slade Shelton, son of Joy Shelton, Permit Technician with the Inspections and Permits Department. PROCLAMATION “Americans Disability Act Awareness Day – July 26, 2011” was accepted by Bernie Coffee, Disability Program Navigator of the Concho Valley Workforce D evelopment B oard, W orkforce S olutions, S andra J ohnson, Assistant Coordinator with Disability Connections, and Amy Salazar, AmeriCorps Volunteer with Disability Connections. PUBLIC COMMENT No one came forward to comment publicly. CONSENT AGENDA APPROVAL OF THE JULY 12, 2011 CITY COUNCIL REGULAR MEETING MINUTES AWARD OF BID(S) AND AUT HORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS: WU-04-11: High Service Pump Station No. 1 Rehabilitation and High Service Pump Station No. 2 Electrical Improvements, Craig, Sheffield and Austin Construction, Inc. (Flower Mound, TX), $3,708,200.00 CED-02-11: Business Resource Center Asbestos Abatement, AAR, Inc. (Liberty Hill, TX), $47,000.00 APPROVAL OF A RE COMMENDATION F ROM CITY OF S AN ANGE LO DE VELOPMENT CORPORATION (COSADC) TO DESIGNATE $1.4 MILLION FROM UNENCUMBERED COSADC FUNDS TO RENOVATE AND REUSE THE FORMER COKE BUILDING AT 69 N. CHADBOURNE AS THE BUSINESS RESOURCE CENTER SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX A, PAGE 829, ORDINANCE #2011-07-076) SU 11-01: Apostolic House of Worship
  • 6. Page 820 Minutes Vol. 102 July 19, 2011 AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGE LO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, US E DI STRICTS AND A Z ONING M AP, IN ACCORDANCE WITH A COMPREHENSIVE P LAN, BY C HANGING THE Z ONING AND CL ASSIFICATION OF T HE FOLLOWING PROPERTY, TO WIT: 1202 Preusser Street at northeast corner of Florence and Preusser Streets, approving a Special Use to allow a day care on the site of a religious institutional establishment in a Single-Family R esidence ( RS-1) District; PROVIDING F OR SEVERABILITY AND P ROVIDING A PENALTY SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX B, PAGE 831, ORDINANCE #2011-07-077) SU 11-03: B.A. & Winkay Reed AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGE LO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 1 2 ADOPTS Z ONING REGULATIONS, US E DI STRICTS AND A Z ONING M AP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE Z ONING AND CL ASSIFICATION OF T HE FOLLOWING PROPERTY, TO WIT: 3149 Red Bluff Rd East, approximately 385’ west of the intersection of Red B luff R d East a nd Red B luff R d W est, a pproving a S pecial Use to allow bed-and-breakfast establishment in a Single-Family Residence (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Councilmembers requested the following items be considered under the Regular Agenda: approval of Angelou Economics, Inc., SU 11-02 Ray Zapata, and the Ordinance amending Article 5.100. Motion, to approve the Consent Agenda, as presented, with the exception of the removed items to be considered on the Regular Agenda, was made by Councilmember Hirschfeld and seconded by Councilmember Morrison. Motion carried unanimously. REGULAR AGENDA: PUBLIC HEARING AND COMMENT APPROVAL OF A RECOMMENDATION OF THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION (COSADC) TO AUTHORIZE THE COSADC PRESIDENT T O NEGOTIATE THE TERMS OF A CONSULTING AGREEMENT WITH ANGELOUECONOMICS, INC. AS THE FIRM TO DESIGN, IMPLEMENT, AND DE LIVER A COM PREHENSIVE E CONOMIC DE VELOPMENT STRATEGIC PLAN FOR THE CITY OF SAN ANGELO, AND AUTHORIZATION FOR THE COSADC PRESIDENT TO EXECUTE A CONT RACT WITH RECOMMENDED FIRM ON BE HALF OF THE CORPORATION Shawn Lewis Community and Economic Development Director and Donna Osborne presented background information. Councilmember Morrison expressed h is c oncerns on t he c ost f or t he p lan a nd t he d iminishing funding resources under the City of San Angelo Development Corporation. Discussion was held on the strategic plan objectives, measurements and or matrix standards, cost of the plan, results of the plan, and completion of the plan scheduled for December 2011. Motion, to approve, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Adams. AYE: New, Alexander, Silvas, Adams, and Hirschfeld. NAY: Morrison. Motion carried 5-1. SECOND HEARING AND ADOP TION OF AN ORDINANCE AMENDING ART ICLE 5 .100, ALCOHOLIC BEVERAGES REGULATIONS AND DE LETING S ECTION 8 .119, UNL AWFUL T O CARRY ALCOHOLIC BEVERAGES OF THE CITY OF SAN ANGELO CODE OF ORDINANCES AS
  • 7. Minutes Page 821 July 19, 2011 Vol. 102 RELATED TO THE TEXAS BANK S PORTS COMPLEX AND T HE 29TH STREET RECREATION AREA (ANNEX C, PAGE 833, ORDINANCE #2011-07-078) AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BY AMENDING CHAPTER 8, OFFENSES AND NUISANCES, ARTICLE 8.100, GENERAL OFFENSES, BY REPEALING SECTION 8.119, ENTITLED UNLAWFUL TO CARRY ALCOHOLIC BEVERAGES INTO THE 29TH STREET RECREATION AREA; AMENDING CHAPTER 5, BUSINESS AND COMMERCE, ARTICLE 5.100, AL COHOLIC BEVERAGES RE GULATIONS, BY ADDING SECTION 5.107 ENTITLED, ALCOHOLIC BEVERAGES IN THE TEXAS BANK SPORTS COMPLEX, RESTRICTING ALCOHOL IN THE TEXAS BANK SPORTS COMPLEX; PROVIDING FOR PERMITS AUTHORIZING ALCOHOL FOR SPECIFIC EVENTS ON CONDI TIONS STATED IN THE TEXAS BANK SPORTS COMPLEX; PROVIDING FOR A P ENALTY; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE Councilmember Morrison expressed his concerns on the negative impact of such an allowance at the sports complex. Motion, to adopt the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by Mayor New. Public comment was made by Citizen Harvey Graham. A vote was taken on the motion on the floor. AYE: New, Alexander, Silvas, Adams, and Hirschfeld. NAY: Morrison. Motion carried 5-1. FIRST HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO SU 11-02: Ray Zapata AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGE LO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, US E DI STRICTS AND A Z ONING M AP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE Z ONING AND CL ASSIFICATION OF T HE FOLLOWING PROPERTY, TO WIT: a 1.722 acre tract located approximately 285’ west of the intersection of Old Knickerbocker Road and South Bryant Boulevard, approving a Special Use to allow placement of a “band stand” or “stage” (categorized as major entertainment event) in a Light Manufacturing (ML) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Planning Manager AJ Fawver presented background information. Discussion was h eld o n t he co mplaints r eceived b y ci tizens r egarding similar venues and the difficulty to enforce existing ordinances as w ritten, clarification of the uses regarding the size of the lot, and Council’s approval of the Planning Commission’s recommendation. Motion, to adopt the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by Mayor New. Public comment was made by Proponent Ray Zapata. A vote was taken on the motion on the floor. AYE: New and Hirschfeld. NAY: Alexander, Morrison, Silvas, Adams. Motion failed 2-4. Motion, to introduce, as presented and amended, to include the revision on the exception of the weekend hours from 1:00 A.M. to 2:00 P.M. on Friday and Saturday nights, was made by Councilmember Silvas and seconded by Councilmember Morrison. AYE: Ne w, Alexander, Morrison, Silvas, and Adams. NAY: Hirschfeld. Motion carried 5-1.
  • 8. Page 822 Minutes Vol. 102 July 19, 2011 RECESS At 10:10 A.M., Mayor New called a recess. RECONVENE At 10:23 A.M., Council reconvened, and the following business was transacted: FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT "A" OF THE CITY OF SAN ANGELO CODE OF ORDINANCES REGARDING THE MAXIMUM PERMITTED ACCESSORY BUILDING FLOOR AREA IN RANCH & ESTATE DISTRICTS AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, OF THE CITY OF SAN ANGELO, TEXAS, BY AM ENDING SUBSECTION 402.A.2 PROVIDING A M AXIMUM PERMITTED ACCESSORY BUILDING FLOOR AREA IN RANCH & ESTATE (R&E) DISTRICTS; BY AMENDING SUBSECTION 203.B.1; PROVIDING FOR ADMINISTRATIVE ADJUSTMENTS PERMITTED FOR FLOOR AREA OF RESIDENTIAL ACCESSORY BUILDINGS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the permanent supplement file. Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by Councilmember Adams. Discussion was held on the minimum lot sizes, accessory buildings, meeting the set back requirements, and regulations in similar zoning districts. A vote was taken on the motion on the floor. Motion carried unanimously. APPROVAL OF AN AMENDMENT TO VISION PLAN COMPONENT OF THE SAN ANGELO COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, INCLUDING A SLIGHT MODIFICATION AS RECOMMENDED BY CITY COUNCIL, ON PROPERTIES IN THE VICINITY OF HOUSTON HARTE EXPRESSWAY, EXTENDING EAST FROM NORT H BELL STREET TO 450’ EAST OF NORTH MONTAGUE STREET Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the permanent supplement file. Motion, t o approve the a mendment, a s p resented, including a slight m odification extending t he n orthern transitional a rea ending at Beacon Street east approximately 410 feet east of North Montague to meet the commercial designation to the east, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. Motion carried unanimously. APPROVAL AND P UBLIC HEARING OF THE 2011 ANNUAL ACTION PLAN FOR USE OF CDBG AND HOME FUNDS AND AUTHORIZATION FOR CITY MANAGER TO EXECUTE THE ANNUAL APPLICATIONS, REQUIRED CERTIFICATIONS, AND RELATED DOCUMENTS Neighborhood and Family Services Director Bob Salas presented background information. Motion, t o approve, as p resented, was made by Councilmember Adams and seconded by Councilmember Silvas. Motion carried unanimously. UPDATE ON CONSTRUCTION BUDGETS FOR CITY HALL, OLD LIBRARY, CENTRAL PLANT, AND UTILITY BILLING OFFICE Assistant City Manager Elizabeth Grindstaff presented background information. A copy of the presentation is part of the permanent supplement file.
  • 9. Minutes Page 823 July 19, 2011 Vol. 102 AUTHORIZATION T O ISSUE CHANGE ORDE R # 1 T O THE CONTRACT WITH STODDARD CONSTRUCTION MANAGEMENT INC. ( SCMI) ( PUR-04-10B) FOR T HE CONS TRUCTION OF A BASEMENT AND THE INSTALLATION AND HOOK UP OF HVAC EQUIPMENT FOR THE CITY HALL PLAZA BUILDINGS ($1,765,084.55) AND FOR THE ADDITIONAL WORK RELATED TO THE AUDITORIUM ($109,051.41), AS AMENDED FOR THE TOTAL PROJECT AMOUNT OF $1,874,135.96, CLARIFYING THAT SUCH AMENDMENTS ARE WITHIN THE EXISTING BUDGETED PROJECT FUND AM OUNTS, AND AUT HORIZATION F OR THE CI TY M ANAGER OR HI S DE SIGNEE TO NEGOTIATE A CONTRACT AND EXECUTE ANY RELATED DOCUMENTS Assistant City Attorney Elizabeth Grindstaff and Construction Manager David Knapp presented background information. A copy of the presentation/document is part of the permanent supplement file. Discussion was held on the delay of the project based on the change order; the extension of the contract time by 210 days, and the rescheduled move in date from October 2011 to possibly January 2012; the amount of the change order and related proposed changes, specifically noting the amounts initially presented were amended from $1,811,007.50 to $1,765,084.55, based on removing the time extension allocation, and from $180,856.41 to $109,051.41, b ased o n t he cr edit f or the basement columns stabilization, for a to tal p roject a mount o f $1,874,135.96. Councilmember Morrison expresses h is c oncern on t he proposed changes, t he associated costs, the in itial project as presented by staff, and the additional work requested by staff of the contractor. Motion, to authorize Change Order #1, as amended for the total project amount of $1,874,135.96, clarifying that such amendments are within the existing budgeted project fund amounts, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. AYE: New, Alexander, Silvas, Adams, and Hirschfeld. NAY: Morrison. Motion carried 5-1. AWARD OF BID REC-01-11 FOR POOL RENOVATION TO MEGA CONTRACTORS INC. (FT. WORTH, TX) F OR I N T HE AM OUNT OF $2,725,000.00, INCLUDING AN ADDI TIONAL $184,113.00 F OR CONTINGENCY, LANDSCAPING AND IRRIGATION OUTSIDE OF THE CONTRACT, INCLUDING ADDING THE COMPLETION DATE OF APRIL 5, 2012 TO THE LETTER OF INTENT, AND AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE A CONTRACT AND ANY RELATED DOCUMENTS Construction Manager David Knapp presented background information. General discussion was held on design of the pool and the selection of the pool architect. Council directed staff to add a completion date of April 5, 2012 to the Letter of Intent. Motion, to award, as presented, including adding the completion date of April 5, 2012 to the Letter of Intent, was made by Councilmember Silvas and seconded by Councilmember Hirschfeld. Motion carried unanimously. AUTHORIZATION FOR STAFF TO NEGOTIATE AN AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND TEXAS OUTDOORS CONSULTING FOR PROFESSIONAL SERVICES (PK-01-11) IN THE AMOUNT OF $39,450.00 FOR THE DEVELOPMENT OF A PARKS & RECREATION MASTER PLAN AND A RE CREATION US E P LAN F OR T HE TWIN BUTTES RE SERVOIR AND AUTHORIZATION F OR THE M AYOR AND/ OR T HE CI TY M ANAGER T O E XECUTE SAID AGREEMENT Parks and Recreation Director Carl White presented background information. A copy of the presentation is part of the permanent supplement file. Discussion was held on the commercial planning use for the Lake Nasworthy area, the related or appropriate zoning for said area, and future lodging within the park areas. Public comment was made by Citizen Harvey Graham.
  • 10. Page 824 Minutes Vol. 102 July 19, 2011 Motion, to authorize, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Adams. Motion carried unanimously. RECESS At 12:06 P.M., Mayor New called a recess. RECONVENE At 12:50 P.M., Council reconvened, and the following business was transacted: DISCUSSION AND POSSIBLE ACT ION RE GARDING T HE WATER CONS ERVATION AND DROUGHT CONTINGENCY PLAN Water Utilities Director Will Wilde presented background information. A copy of the presentation is part of the permanent supplement file. Discussion was held on the amount used by the average user, the water system efficiency at 92%, implementing a leak detection program, continuing with the capital replacement program, implementation of the automated meter reading program, gray water usage under plumbing code, and usage fee amounts. Council suggested decreasing the Water Conservation rate to 55,000-75,000, Drought Level I usage rates to 45,000-50,000, and Level II to 25,000-35,000 with the understanding that staff would verify the proposed changes are reasonable based on the residential yard size. Discussion was held on incentivizing water conservation measures, designating days to water, spot watering, establishing levels or categories for surface grass, bushes and trees, and gray water uses. In conclusion, the Council directed staff to make the proposed ordinance changes to include usage and rate adjustments, and various adjustments to Drought Level I and II, including, but not limited to, separating golf course greens, fairways and tea areas, changing the watering frequency for said golf course areas between the Levels, and removing exemptions from Level II. City Manager Harold Dominguez informed staff will work with Parks Superintendent Roger Havlak and Water Utilities Director Will Wilde to come up with the average sized yard and a per gallon usage amount. Public comment was made by Quicksand General Manager Jack Hutcheson, Superintendent Logan Knapp, Park Superintendent Jason Donaldson, and Citizen John Perry. Mr. Dominguez stated the city park system consists of the 476 acres and 188 of those acres have irrigation systems, but only 23% of those systems are currently utilized. He informed staff has incorporated energy and water efficiency measures into current construction projects and the Public Information Officer will release related water conservation information at a future date. APPROVAL TO GRANT A REQUEST FROM QUICKSAND PARTNERS, LTD. TO PURCHASE RAW WATER FROM THE CITY OF SAN ANGELO Water Utilities Director Will Wilde presented background information. He explained the other golf courses either owned or had prior approval agreements for additional water purchase rights. Discussion was held on t he a mount o f w ater r equested, l oss o f t he w ater i n c omparison t o t he a mount purchased, and the impact of granting the water purchase to Quicksand. Motion, to grant the request at 12 acre feet of raw water per week, eliminating the 24 acre feet contingency, ending said request on September 30th without further action, and recommending further review of the request thereafter, was made by Mayor New and seconded by Councilmember Hirschfeld. Public comment was made by Proponent Jack Hutcheson, Citizens Frederick Harder, Larry Byrd, Ray Wooten, A vote was taken on the motion on the floor. AYE: New, Alexander, Silvas, Adams, and Hirschfeld. NAY: Morrison. Motion carried 5-1.
  • 11. Minutes Page 825 July 19, 2011 Vol. 102 RECESS At 3:03 P.M., Mayor New called a recess. RECONVENE At 3:15 P.M., Council reconvened, and the following business was transacted: FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE MONTHLY WATER BASE RATES AND USAGE RATES AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO TEXAS, BY AMENDING SECTION 8 .200 “MONTHLY W ATER RATES” TO REPEAL SUBSECTION 8.200(a)(1) IN ITS E NTIRETY; AND ADOPTING A NEW S UBSECTION 8.200(a)(1) E STABLISHING NE W M ONTHLY BAS E RAT ES F OR VARI OUS M ETER S IZES AND USAGE RATES, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE Finance Director Michael Dane presented background information. Water U tilities D irector W ill W ilde informed the m ajority o f th e 5/8” meters are under the residential classification and 75% of the burden is calculated on the usage rate and 25% on the base rate. He advised the effective date for the amended rates will be September 1, 2011. Motion, to in troduce the Ordinance, a s p resented, was made b y Councilmember A dams and seconded b y Councilmember Hirschfeld. Public comment was made by Citizen Jim Turner. A vote was taken on the motion on the floor. Motion carried unanimously. PUBLIC HEARING AND ADOP TION OF AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CI TY OF S AN ANGELO, T EXAS, COM BINATION TAX AND SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2011B, FOR CAPITAL IMPROVEMENT PROJECTS CONSISTING OF I MPROVEMENTS AND E XTENSIONS T O T HE CITY'S WATER S YSTEM, INCLUDING GROUNDW ATER P RODUCTION F ACILITIES AND COLLECTION, T REATMENT, STORAGE AND TRANSMISSION FACILITIES TO DEVELOP THE HICKORY WELL FIELD FOR THE CITY'S WATER SYSTEM; LEVYING AN ANNUAL AD VALOREM TAX AND PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES; PROVIDING AN EFFECTIVE DATE; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT (ANNEX D, PAGE 837, ORDINANCE #2011-07-079) Finance Director Michael Dane presented background information. Motion, t o ad opt the O rdinance, a s p resented, w as m ade b y Councilmember H irschfeld and s econded b y Councilmember Adams. Motion carried unanimously. TABLING OF T HE DISCUSSION O N STORMWATER UT ILITY F EE RE VENUE, BUDGET EXPENDITURES AND PROGRAM ACTIVITIES Mayor New suggested tabling this item until the next meeting. Council concurred. DISCUSSION OF THE 2011-2012 BUDGET GOALS, POLICY, AND ALL CITY FUNDS, INCLUDING, BUT NOT LIMITED TO, THE WATER FUND, WASTE WATER FUND, OTHER FUNDS, AND FUND BALANCES, AND ANY ACTION IN CONNECTION THERETO Finance Director Michael Dane presented background information. A copy of the presentation is part of the permanent supplement file.
  • 12. Page 826 Minutes Vol. 102 July 19, 2011 Planning M anager A J Fawver p resented b ackground i nformation r egarding P lanning C omprehensive F ee proposed increases. Mayor New suggested Council study the information, consider the proposed increases, and have staff present the information at a future meeting. Public comment was made by Citizen Fredrick Harder. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT 1 AN ORDINANCE AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER 1 FOR THE PURPOSE OF INCORPORATING NEWLY UNINHABITED ANNEXED AREAS INTO SAID DISTRICT, AND PROVIDING AN EFFECTIVE DATE City Clerk Alicia Ramirez presented background information. Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Morrison. Motion carried unanimously. FOLLOW UP AND ADMINISTRATIVE ISSUES CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION No action was taken on matters discussed in Executive/Closed Session. APPROVAL TO CONFIRM THE CIVIL SERVICE COMMISSION NOMINEE, TERESA SPECIAL, BY CITY MANAGER AND APPROVAL OF SAME BY CITY COUNCIL Motion, t o confirm the nomination, as p resented, w as m ade b y Councilmember S ilvas and s econded b y Councilmember Adams. Motion carried unanimously. CONSIDERATION OF FUTURE AGENDA ITEMS City M anager Harold D ominguez d istributed th e p roposed August 2 , 2011 Agenda and solicited Council comments and suggestions. Councilmember Alexander requested an update on the TxDOT urban mowing contract, environmental nuisance of plastic bags, and revisions to the water billing invoice. Planning Comprehensive Fee proposed increases Councilmember Hirschfeld requested an update on the mission and plans of the Water Advisory Board. ADJOURNMENT Motion, to adjourn, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. Motion carried unanimously. The meeting adjourned at 5:01 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, Mayor ATTEST: _______________________________ Alicia Ramirez, City Clerk Annexes A-D
  • 13. Minutes Page 827 July 19, 2011 Vol. 102 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.)
  • 14. City of San Angelo Memo Date: July 26, 2011 To: Mayor and Councilmembers From: Will Wilde, Water Utilities Director Subject: Agenda Item for August 2, 2011 Council Meeting Contact: Will Wilde, Water Utilities Director, 657-4209 Caption: Consent Item Consideration of s electing Contractors f or P re-Qualification ( WU-08-11A) f or t he Hickory Water S upply T ransmission Mai n Project and a uthorizing t he C ity Manager or his designee to execute any necessary related documents Summary: Proposals have been solicited from contractors to be pre-qualified for bidding the 30” Hickory Water S upply T ransmission Mai n P roject. R esponses were r eceived f rom 23 contractors. The information on each contractor was evaluated and ranked to determine contractors that were considered experienced and qualified to bid the project. History: The transmission main project will consist of the installation of about 60 miles of 30” pipe from the well field near Melvin to the water treatment in San Angelo. Financial Impact: N/A Related Vision Item (if applicable): Long Term Water Supply Other Information/Recommendation: Some of the criteria that contractors were evaluated on were: · Experience constructing water pipeline projects of this size · Financial condition and bonding capacity · Personnel experience · Safety record and insurance · Current work experience A weighing and ranking factor were applied to the criteria to determine a contractor’s overall ranking number. Of the 23 submittals, 11 were determined to meet the criteria for bidding the project. It is recommended the following contractors be qua lified and allowed to bid the Hickory Water Supply Transmission Main Project: 1. S.J. Louis Construction 2. Oscar Renda Contracting 3. Reynolds, Inc. 4. Garney Construction
  • 15. 5. John D. Stephens, Inc. 6. Achen-Gardner Engineering 7. Don Kelly Construction 8. Sundt Construction, Inc. 9. Western Summit Constructors 10. Barnard Construction Co, Inc. 11. BAR Constructors, Inc. Attachments: Pre-qualification Summary and Weighted Rankings Reviewed by Service Area Director: Will Wilde, Water Utilities Director, July 26, 2011.
  • 16. San Angelo Hickory Water Supply Project Summary of Ranking Evaluation Contractor Rank S.J. Louis Construction 150 Oscar Renda Contracting 144 Reynolds, Inc. 136 Garney Construction 135 John D. Stephens, Inc 132 Achen-Gardner Engineering 121 Don Kelly Construction 120 Sundt Construction, Inc. 117 Western Summit Constructors 109 Barnard Construction Co., Inc 107 BAR Constructors, Inc. 103 Archer Western Contractors 102 Insufficient Pipeline Experience Super Excavators, Inc. 101 Insufficient Pipeline Experience Utility Contractors of America 100 Insufficient Pipeline Experience W.A. Rasic Construction Co., Inc. 98 Insufficient Pipeline Experience BRH-Garver Const. L.P. 97 Insufficient Pipeline Experience Holloman Utilities 95 Only One Large Project No Other Depth of Experience Boyer, Inc. 81 Insufficient Pipeline Experience McClean Construction 77 Insufficient Pipeline Experience No QA Associated Pipe Line Contractors, Inc. 67 Insufficient Pipeline Experience Housley Communications 67 Insufficient Pipeline Experience No QA Rockdale Pipeline, Inc. 66 Insufficient Pipeline Experience James Construction Group 64 Insufficient Pipeline Experience
  • 17. Contractor Pre-Qualification Ranking Evaluation Table Weighting Factor x Ranking = Total Evaluation; Pass = P & Fail = F 10 4 6 3 7 Additional Performed Statement Construction Current Personnel Minimum Background Integrity of Pipeline Safety Quality 5 Years or of Financial Experience Projects Experience Insurance Information Appplicant Projects CONTRACTOR EEO Program Program More Condition Weight = 10 Weight = 4 Weight = 6 Requirement Weight = 3 Weight = 7 $25M Weighted (Name, Address) P or F P or F P or F P or F P or F Rank = 1 - 5 Rank = 1 - 5 Rank = 1 - 5 P or F Rank = 1 - 5 Rank = 1 - 5 P or F Notes Total S.J. Louis Construction 520 S. 6th Ave P P P P P 5 5 5 P 5 5 P 150 Mansfield, TX 76063 $168/500 Oscar Renda Contracting 608 Henrietta Creek Rd P P P P P 5 5 4 P 5 5 P 144 Roanoke, TX 76262 $400/700M Reynolds, Inc. 4520 N. State Road 37 P P P P P 5 3 4 P 5 5 P 136 Orleans, IN 47452 $250/550M Garney Construction 1333 NW Vivion Rd P P P P P 5 5 5 P 0 5 P Alan Henry Pipeline 135 Kansas City, MO 64118 $250/500M John D. Stephens, Inc TRWD 1987 - 185,000 ft 272 Hurrican Shoals Td P 90" PCCP P P P P 5 2 4 P 5 5 P Lake Chapman - 72" Pipeline 132 Lawrenceville, GA 30046 $150M 2003 Achen-Gardner Engineering 550 S. 79th Street P P P P P 4 4 5 P 0 5 P 121 Chandler, AZ 85226 $200M Don Kelly Construction 2150 Analysis Drive P P P P P 4 3 3 P 5 5 P 120 Bozeman, MT 59718 $30/300 Sundt Construction, Inc. 911 Central Parkway North, Ste 375 P P P P P 5 2 4 P 0 5 P 117 San Antonio, TX 78232 $700M Western Summit Constructors 5470 Valley Highway P Subsidiary of Kiewt Corp P P P P 3 5 4 P 0 5 P Alan Henry Pipeline 109 Denver, CO 80216 $8B Barnard Construction Co., Inc 701 Gold Ave P P P P P 4 2 4 P 0 5 P 107 Bozeman, MT 59715 $800M BAR Constructors, Inc. P PO Box 10 P P P P $80/200M 3 2 5 P 0 5 P 103 Lancaster, TX 75146 Archer Western Contractors 8 years since Last Large Pipeline P P P P $1B 2 2 4 P 5 5 F Project 102 Arlington, TX Super Excavators, Inc. P No Large W/W Pipelines in Last N59 W14601 Bobolink Ave P P P P 4 2 1 P 4 5 F Five Years No Resumes 101 $50/120M Menomonee Falls, WI 53051 Utility Contractors of America P No Large Pipelines in last Five 927 Hughway 62 P P P P 3 2 2 P 5 5 F Years Small Line Experience 100 ?/$75M Wolfforth, TX 79382-9778
  • 18. W.A. Rasic Construction Co., Inc. P No Large Pipelines in Last Five 7314 Scout Avenue P P P P 2 1 4 P 5 5 F Years 10,000 LF max 98 $65/200 Bell Gardens, CA 90201 BRH-Garver Const. L.P. P No Large W/W Pipelines in Last 7600 S. Sante Fe, Bldg. A-1 East P P P P 2 3 3 P 4 5 F Five Years 97 $16/70M Houston, TX 77061 Holloman Utilities P Salt Lake Pipeline Project Went 13730 IH 10 East P P P P 3 3 3 P 0 5 F Well 95 $20/200M Converse, TX 78109 Boyer, Inc. P No W / W Large Pipelines in Last 8904 Fairbanks N. Houston Rd. P P P P 2 2 3 P 0 5 F Five Years Quite a bit of Litigation 81 $30/200M Houston, TX 77064 McClean Construction P No QA Program / Large Pipelines in 4101 Trimmier Rd P P F P 2 1 3 P 0 5 F Last Five Years 77 $13/85M Killeen, TX 76542 Associated Pipe Line Contractors, Inc. P 3535 Briarpark, Ste 135 P P P P 1 1 3 P 0 5 F No Large W / W Pipelines 67 $50/300 Houston, TX 77042 Housley Communications P No QA Program / No Large 3550 S Bryant Blvd P P F P 1 1 1 P 4 5 F Pipelines over $1M 67 $6/60M San Angelo, TX 76903 Rockdale Pipeline, Inc. P No Large Pipelines in Last Five 1925 Old Covington Hwy, SE P P P P 1 1 4 P 0 4 F Years 66 $150M Conyers, GA 30013 James Construction Group 11200 Industriplex Blvd, Ste 150 P No Large Pipelines in Last Five P P P P 1 2 3 P 0 4 F Years 64 Baton Rouge, LA 70809 $588/1200M
  • 19. City of San Angelo Memo Date: July 28, 2011 To: Mayor and Councilmembers From: Clinton Bailey, Engineering Services Subject: Agenda Item for August 2, 2011 Council Meeting Contact: Blake Wilde, Engineering Services, 325-481-2749 Caption: Consent th Authorization of t he C ity Manager t o ex ecute C hange O rder # 1 ( ES-1-11) 50 Street Construction & Grape Creek Reconstruction Projects to Reece Albert, Inc. in t he am ount of $86, 454.04 f or t he ex tension o f Schroeder Avenue from Producers Park to Magnolia Street. Summary: A private donation w as gi ven to the C ity for additional am enities t o be ad ded at Producers Park earlier this year. The extension of Schroeder Avenue is one of the additional items. History: A por tion of S chroeder Avenue was c onstructed dur ing t he c onstruction of Producers Park. This ex tension will now connect Schroeder Avenue f rom R icks Drive to Magnolia Street. Financial Impact: $86,454.04 from a pr ivate dona tion t o t he C ity f or addi tional am enities a t Producers Park. Related Vision Item: Transportation & Parks and Open Space Vision Items Other Information/ Staff recommends authorization of the City Manager to execute Change Order #1 th Recommendation: (ES-1-11) 50 Street C onstruction & Grape C reek R econstruction P rojects t o Reece Albert, I nc. i n t he amount of $86, 454.04 f or the ex tension of S chroeder Avenue from Producers Park to Magnolia Street. Attachments: ENG ES-1-11 Change Order No1.pdf Presentation: None. Reviewed by Shawn Lewis, Community & Economic Development, July 18, 2011 Director: Approved by Legal: NA Adopted: 5/30/03 Revised: 6/21/10
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  • 22. City of San Angelo Memo Meeting Date: July 12, 2011 To: Mayor and Council members From: AJ Fawver, Planning Manager Subjects: SU 11-02, a req uest for approval of a Spe cial Use to a llow placement of a “band stand” or “stage”, categorized in the Zoning Ordinance as a major entertainment event, on the subject property: Location: a 1.722 a cre tract located approximately 285’ we st of th e intersection of Old Knickerbocker Road and South Bryant Boulevard in sou th centra l San Angelo, specifically the remainder of Tract C in the T.J.A.K. A ddition to San Angelo Contacts: Ray Zapata 212-3151 AJ Fawver, Planning Manager 657-4210 Summary: The applicant is seeking to obtain a Special Use that would allow him to place a “ban d stand” o n th e subject p roperty, wh ich cur rently serv es as addit ional parking fo r Mejor Que Nada restaurant and also houses a small office building. The b and stand is not proposed to be enclosed, and would be used for special events to be held on-site. As its n ame im plies, a Spec ial Use is a le gislative act to allow some part icular prop osed activity at a location in a zoning d istrict wher e it other wise wo uld b e proh ibited. Like an y change to the offic ial zoning ma p, ap proval of a Sp ecial Us e r equires a ction by S an Angelo’s City Co uncil, after a he aring a nd recommendation by the Planning Commission. In doing so, the Planning Commission may: (1) recommend approving the proposed Special Use as requested; or (2) recommend approving the pro posed Spe cial Use subject to ce rtain co nditions intended, for example, to make it more compatible in its particular environment; (3) recommend denying the requested Special Use; or (4) modify the app lication to some alternative zoning c lassification believed to b e mor e appropriate, in which case another public hearing will need to be scheduled.
  • 23. Surrounding Zoning and Land Use: North General/Heavy Commercial (CG/CH) & retail (restaurants, auto part stores, Light Manufacturing (ML) car wash, gas station), residences East General/Heavy Commercial (CG/CH), retail (restaurants, auto part store) General Commercial (CG), offices, residences Neighborhood Commercial (CN), Single-Family Residential (RS-1) South Light Manufacturing (ML), retail (general, lube center), General/Heavy Commercial (CG/CH), offices, residences General Commercial (CG), Single-Family Residence (RS-1) West Light Manufacturing (ML) car sales, DeCoty Coffee Co Background: The property owner desires to p lace a “band stand” on the s ite which would host periodic events of a cultural or musical nature, in ass ociation with the ne ighboring restaurant. Th is type of use is c haracterized in th e Zon ing O rdinance a s an “ entertainment event, ma jor”. These activ ities are ge nerally of a spectator natur e and dra w large num bers of people to specific events or shows. Outdoor amphitheaters, for example, fall into this category. Such a use is only allowed in an ML district with approval of a Special Use. Analysis and Recommendation: The area is unique in that it is s urrounded by a variety of zoning c lassifications, from v ery light (RS- 1) to v ery heavy (ML ). The property is also near a major th oroughfare (Knickerbocker Rd) which was, in its infancy, was surrounded by many manufacturing uses but is g radually tra nsitioning to a com mercial c orridor. Also n earby is So uth Brya nt Boulevard, anoth er major thoro ughfare wit h e xtensive comm ercial dev elopment. Residential dev elopment in this area is isolat ed an d dat es bac k to the mid-1 950’s, b ut is unlikely to continue b ased on th e newer featu res and patterns of gro wth in the immediate vicinity. As mentioned above, approving a Special Use is a legislative act to allow som e particular proposed a ctivity at a location in a zon ing district wh ere such act ivity wou ld ot herwise b e prohibited by z oning regulations. A lthough pote ntially ap plicable to “ any u se d eemed appropriate” in a ny z oning district , San An gelo’s Z oning Ordin ance goes on t o state that Special Uses should be restricted to circumst ances “where such u se can prov ide effective transition between les s restrict ive and m ore restrictive z oning d istricts.” For e xample, a Special Us e for s ome lim ited nonresidential activ ity m ay be co nsidered in a reside ntial district alo ng its b oundary wit h a comm ercial district, prov iding a usefu l a nd effectiv e transition between two otherwise incongruous environments. This is the general standard that must be met, in order for the requested Special Use (i.e., a day care) to be ap proved on the subject property in a Single-Family Residence District. It
  • 24. does appear that this use would cr eate a tr ansition between a more restrictive zoning (ML) and less restrictive zoning (CG, CG/CH). Zoning Or dinance S ubsection 209.H ide ntifies still more crit eria for th e Plann ing Commission an d City Council to use in de ciding wheth er to ap prove a requ ested Sp ecial Use, including:  Impacts Mi nimized. Whether and the ex tent to whic h t he proposed Sp ecial Use minimizes adverse effects on adjacent properties.  Compatible with Su rrounding Area. Whether a nd th e ex tent to which the proposed Special Use is compatible with ex isting and anticipated uses surrounding the subject property.  Traffic Circulation. Whether and the extent to whic h the proposed Special Use is likely to re sult in ex traordinarily prolon ged or recu rrent congest ion of surro unding streets, especially minor residential streets.  Community Need. Whether a nd the ex tent to wh ich the pr oposed S pecial Us e addresses a demonstrated community need.  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 pr oposed us e is compatible, ov erall, with the su rrounding p roperties. Additionally, because of the pr oximity to ma jor thoro ughfares, ther e a ppears to be no issue with tr affic circulation. That said, the pot ential for adverse effects exists because of the introduction of noise to th e env ironment. From ex perience, we kn ow that ev en sem i-enclosed ar eas generate n oise th at can carry fo r quite a distance. In this partic ular c ircumstance, th e subject pro perty is no t ev en partially enc losed. Howev er, San Ange lo h as separat e ordinances to regulate noise generated by such an event, located in 8.101 and 9.109. Staff generally recommends approval of this request, subject to conditions outlined below: (1) Events on this pr operty can only b e held between the h ours of 7:00 am (as referenced in 8.101) and 10:30 pm (as refe renced in 8.101) Sunday through Thursday; (2) Events on this pr operty can only b e held between the h ours of 7:00 am (as referenced in 8.101) and 11:30 pm on Fridays and Saturdays; and (3) Speakers and lig hting will b e s ituated s o as to minim ize so und a nd lig ht directed at nearby residences. At its June 30 th meeting, the Pla nning Commission ap proved this request, subject to th e following conditions: (1) Events on this pr operty can only b e held between the h ours of 7:00 am (as referenced in 8.101) and 11:00 pm (as refe renced in 8.101) Sunday through Thursday unless administratively approved by staff;
  • 25. (2) Events on this pr operty can only b e held between the h ours of 7:00 am (as referenced in 8.1 01) and 1 am o n Fr idays an d Saturd ays unless administratively approved by staff; (3) Placement of a privacy fence meeting the standards of the Zoning Ordinance along the northern boundary of the site; and (4) Speakers and lig hting will b e s ituated s o as to minim ize so und a nd lig ht directed at nearby residences. Notification: Seven (7) own ers of near by pro perty wer e forma lly not ified of this application for Special Use approval. 0 notifications were returned in favor; and 1 notific ation was ret urned in o pposition, stating th at, “The crowds & noise would not bother us but I would be concerned about sec urity of all th e eq uipment I hav e o n m y ne ighboring yard. We have lots of small and large equipment that could be damaged o r stolen if the crowds cont ained “elem ents” that when dr inking m ight d ecide to clim b our fen ce & “play” on it. Our issue is security and that is the reason for our objection.” Attachments: excerpt from zoning map, highlightin g sub ject prop erty of requested Special Use; aerial ph oto of s ame v icinity (as a bove-mentioned map ) highlighting subject property of requested Special Use; graphic from applicant showing proposal on the site; and draft min ute ex cerpt from Pla nning Commission me eting o f June 20th. Revised Ordinance based on 7/12/11 City Council meeting Presentation: AJ Fawver, Planning Manager Reviewed by: AJ Fawver, Planning Manager
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  • 30. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF T HE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 A DOPTS ZONI NG REG ULATIONS, USE DIST RICTS AN D A ZONING MAP, I N A CCORDANCE WIT H A CO MPREHENSIVE PLAN, BY CHANGING THE ZO NING AND CLASSIFICATION OF THE FO LLOWING PROPERTY, TO WIT: a 1.722 acre tract located a pproximately 285’ w est of the intersection of Old K nickerbocker Road and South Br yant Boulevard in south central San Ange lo, specifically the remainder of Tract C in the T.J.A.K . Addition to San Angelo, a pproving a Sp ecial Use allowing a major entertainment event on propert y in a Light Manufacturing (ML) district; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY RE: S U 11-02: Ra y Zapata WHEREAS, the Pla nning Commission fo r the City of Sa n An gelo and th e g overning body for the City of San Angelo, in compliance with the charter and the state law with reference to zoning regulations a nd a zon ing map, have g iven requisite n otice b y p ublication 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, i s of the op inion th at zoni ng ch anges sho uld be ma de as se t ou t herei n; 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 th e property hereinafter described: a 1.722 acre tract located approximately 285’ w est of the intersection of Old K nickerbocker Road and South Bryant Boulevard in south central San Angelo, specifically the remainder of Tract C in the T.J .A.K. Addition to San Angelo , shall ha ve a Special Us e allo wing a majo r entertainment ev ents in a manu facturing zoning district on th e property. Said speci al uses shall have no fundamental effect upon its underlying or base zoning classification. The Director of Pla nning is hereby directed t o correct zo ning district ma ps in th e offic e of th e Director of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the u se of the h ereinabove 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: SEVE RABILITY: The terms and provisions of this Or dinance shall be deemed to b e 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.
  • 31. SECTION 4: That the following penalty clause is adopted with this amendment: PENALT Y: Any person who violates any provisions of this article shall be g uilty of a misdemeanor and, upon conviction, shall be subject to a f ine as provided for in S ection 1.106 of the Code of Or dinances fo r th e City of S an A ngelo. Ea ch day of s uch v iolation shall constitute a separate offense. SECTION 5: T hat th e use of th is s ubject property a llowed u nder th is Special Use approval shall be limited to the following conditions: (1) Events on this property can only be held between the hours of 7:00 am and 1 1:00 pm Sun day thro ugh Thursd ay unle ss a dministratively approved by staff; (2) Events on this property can only be held between the hours of 7:00 am and 2 am on Fridays and Saturdays unless administratively approved by staff; (3) Placement of a pr ivacy fence meeting t he st andards of the Zon ing Ordinance along the northern boundary of the site; and (4) Speakers a nd lighting will be s ituated so as to minim ize soun d an d light directed at nearby residences. INTRODUCED on the 12th day of July , 2 011 and finally PAS SED, AP PROVED AND ADOPTED on this the 19th day of July, 2011. THE CITY OF SAN ANGELO by:______________________________________ Alvin New, Mayor ATTEST: by:_________________________________ Alicia Ramirez, City Clerk
  • 32. City of San Angelo Memo Meeting Date: July 19, 2011 To: Mayor and Council members From: AJ Fawver, Planning Manager Subject: recommended changes to text of San Angelo’s Zoning Ordinance, specifically concerning the maximum size of accessory building s in Ranch & Estate (R&E) zoning districts Contacts: AJ Fawver, Planning Manager 657-4210 Caption: First public hearing and introduction of a n ordinance amending Chapter 12, Ex hibit " A" of th e City of Sa n An gelo Code of Ordinances regar ding the max imum p ermitted ac cessory building floor area in Ranch & Estate districts AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CO DE OF OR DINANCES, OF THE CITY OF SAN ANGELO, TEXAS, B Y AMENDI NG SUBS ECTION 402.A.2 PROVIDING A MAX IMUM PERMITTED A CCESSORY BUILDING FLOOR AREA IN RANCH & ESTATE (R&E) DISTRICTS; BY AMENDING SUBSE CTION 203.B. 1 PROVIDING FOR ADMINI STRATIVE ADJUS TMENTS PERMITTED FOR FLOOR AREA OF RESIDENTA L ACCESSORY BUILDINGS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE Section 402 of San Angel o’s Zoning Ordinance regulates accessory uses and structures. As part of this section, a maxim um size on a ccessory buildings f or a lot is set at no more than 50% of th e floor area of the principal building, or 600 square feet, whichever is greater. In the 11 years sinc e this Zoning Ordinanc e went into effect, a number of variance requests have been received from property owner s; the majority of these property owners are living in R&E district s. This alone does not justify a modification, but simply
  • 33. represents the frequency in which this rule is questioned. However, it does indicate that the rule, as it is written, might need re-exami nation. While ther e is a distinction in the next sentence of that regulation, it only o ffers relief for bona fide farm and agricultural buildings – those used in conjunction with fa rming and agricultural business purposes – not housing of animals or equipment used simply for personal enjoyment. It is helpful to recognize and draw attention to the specific features of the R&E zoning district, a residential z oning unique from all other residential zoning districts. First and foremost, R&E zoning requires that each lot be at least one acre in size. When compared to the minimum lot size of the other residential districts shown below, a stark contrast is quite apparent. R&E RS-1 RS-2 RM-1 Sq Feet 43560 5000 5000 5000 Acreage 1.0 0.115 0.115 0.115 As the cha rt illustrates, the minimum lot size for other residentia l districts which allo w single-family homes is just over 11% of the size of the minimum lot size for R&E districts. While single-acre home lots provide much more space and presents a unique situation, the limit on accessory building square footage is not handled uniquely. Another important distinction is the intent of the R&E district; it is also different from all other residential districts in that it aims to create a suburban or rural setting. Driving through many of thes e areas, th e rural feel is quite ev ident. Rural areas tend to hav e more maintenance, thereby requiring larger equipment than smaller lots of higher densities. They als o tend to be t he areas where livest ock are kept, and where space allows accessory building placement. It is because of these unique characteristics that staff recommends modific ation of the maximum accessory building square footage allo wed per lot. The current restrictions are based in sound r easoning a nd intended to protec t resident ial character, maintain openness, prevent unlawful busine ss operation, and to mainta in a ratio of accessor y building square footage to pr imary building square footage appropriate. The current approach of preserving proporti onality is s ound; however, the proportionality in R&E districts should be adjusted. With these considerations in mind, City st aff recommends the follo wing modification be made to the text of San Angelo’s Zoning Ordinance in Section 402.A.2: 1. Size. A maximum accessory building floor ar ea of 600 square feet or 50 percen t of the floor area of the prin cipal building, whichever is greater, shall b e permitted on any residential lot. For residential lots zoned Ranch & Estate (R&E), the accessory building floor area shall not exceed 100 percent of the floor area of the Page 2 of 5
  • 34. principal b uilding. Bona fide farm and agricultural buildings shall be exempt from this requirement. Another change whic h staff woul d like the Counc il to consider is the process by whic h variances from this requirement are handled. Currently, Section 203 of the Zoning Ordinance allows the Planning Manager to c onsider five types of administrative adjustments, which includes: Allow an increase in the floor area of a residential accessory building above 50 percent of the total square f ootage of the principa l structure, as long as the maximum floor area ratio for the District is not exceeded. First, there are a number of these administrative adjustm ents turned in annually for a variance from this standard; very rarely is t he full request granted. In fact, the zonin g ordinance allows the Planning Manager to allow a 10% dev iation in other numerical standards, and it has been st andard pr actice over the years for the Manager to administratively grant no more than that per centage, as it represents a deviation o f negligible consequence. This adds time to the customer’s project, as they often then appeal the decision to the Zoning Board of Adjustment. In staff’s o pinion, it is more effi cient to simply remove the ability to administratively approve more than a 10% deviat ion from this st andard as well. In addition, it is more objective to handle these requests in this manner – allowing a minimum for administrative approval and r equiring anything request ed over that amount to be hear d by the five-member board, thus necessitating the standards for variance be met and the decision be made by a group rather than an individual. With these considerations in mind, City st aff recommends the follo wing modification be made to the text of San Angelo’s Zoning Ordinance in Section 203.B.2: 2. Allow an increase in the floor ar ea of a residential accessory building by no more than 10% over the maxim um allowed in Section 402, so long as the maximum floor area ratio for the District is not exceeded. This item was presented to and disc ussed by the Pl anning Commission on May 16, 2011, at which time they unanimously recommended approv al of the changes as outlined within. This it em was als o presented to and discussed by the Zoning Board of Adjustment on June 6, 2011, at which they also unanimously recommended approval of the changes as outlined. Recommendation: City staff, the Planning Co mmission, and the Zoning Board of Adjustment all recommend approving the modifications to the text of zoning regulations, as itemized above. Page 3 of 5
  • 35. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF T HE CODE OF ORDINANCES, OF T HE CITY OF SAN ANGELO, TEX AS, BY A MENDING SUBSECTION 402. A.2 PROVI DING A MAX IMUM PE RMITTED A CCESSORY BUILDING FLOOR A REA IN RA NCH & E STATE (R& E) DISTRICTS; BY AMENDING SUBSE CTION 203.B.1 P ROVIDING FO R ADMI NISTRATIVE ADJUSTMENTS PE RMITTED F OR F LOOR AREA OF RESIDENTAL ACCESSORY BUILDINGS; P ROVIDING FOR SEVERABILITY; A ND PROVIDING AN EFFECTIVE DATE WHEREAS, the Planning Commission for the City of San Angelo, after a public hearing at a meeting o n May 1 6, 2 011, has re commended t he fo llowing a mendments t o the t ext of Chapter 12, Exhibit “A” of the Code of Ordinances, City of San Angelo, Texas, which said Exhibit “A” is otherwise known as the Zoning Ordinance; and WHEREAS, the Zoning Board of Adjustment for the City of San Angelo, after a public hearing at a meeting on , 2 011, has re commended the fo llowing amendments to the text of Chapter 12, Exhibit “A” of the Code of Ordinances, City of San Angelo, Texas, which said Exhibit “A” is otherwise known as the Zoning Ordinance; and WHEREAS, th e Ranch & Esta te (R&E) zo ning di strict is unique from a ll other zo ning districts in it s minimum lot size of one acre, its intent to cr eate a rural or suburban feel, and its distinction as the zoning district in which most agricultural uses are found: BE IT ORDAINED BY THE CITY OF SAN ANGELO 1) THAT Chapter 12, Exhibit “A”, Article 4, Subsection 402.A.2 of the Code of Ordinances of the City of San Angelo, Texas shall be and is hereby amended to read as follows: A maximum accessory building floor area of 600 square feet or 50 percent of the floor are a of the pr incipal bu ilding, wh ichever is gr eater, shall be permitted on any residential lot. A maximum accessory building floor area of 100 percent of the floor area of the principal building shall be permitted on any residential lot within a Ranch & Estate (R&E) zoning district. Bona fide farm and agricultural buildings shall be exempt from this requirement. 2) THAT Chapter 12, Exhibit “A”, Article 2, Subsection 203.B.1 of the Code of Ordinances of the City of San Angelo, Texas shall be and is hereby amended to read as follows: Allow an in crease in t he floo r area of a r esidential a ccessory building above 50 percent of t he total square footage of the principal structure, or above 100 percent of the total square footage of the principal structure on lots in Ran ch & Estate (R& E) zoning districts, as long as the inc rease does not exceed 10 percent above the applicable maximum. 3) THAT the following severability clause is adopted with these amendments: Page 4 of 5
  • 36. SEVE RABILITY: 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 this Ordinance shall be effective from and after the date of its adoption. INTRODUCED on the day of , 2011, and finally PASSED, APPROVED and ADOPTED on this the day of , 2011. CITY OF SAN ANGELO b y:______________________________________ Alvin New, Mayor ATTEST: by:_________________________________ Alicia Ramirez, City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM A. J. Fawver, Planning Manager Lysia H. Bowling, City Attorney Page 5 of 5
  • 37. City of San Angelo Memo Date: July 14, 2011 To: Mayor and Councilmembers From: Will Wilde, Water Utilities Director Subject: Agenda Item for July 19, 2011 Council Meeting Contact: Will Wilde, Water Utilities Director, 657-4209 Caption: First Public Hearing and consideration of introduction of an Ordinance amending the monthly water base rates and usage rates AN O RDINANCE AMENDING A PPENDIX A , A RTICLE 8 .000 O F T HE CO DE O F ORDINANCES, C ITY O F SAN ANGELO T EXAS, B Y AMENDING SECTION 8.200 “MONTHLY W ATER RATES” T O R EPEAL S UBSECTION 8 .200(a)(1) I N I TS ENTIRETY; AN D A DOPTING A N EW S UBSECTION 8 .200(a)(1) E STABLISHING NEW M ONTHLY BASE RATES FOR VARIOUS METER SIZES AND USAGE RATES, PR OVIDING F OR S EVERABILITY, P ROVIDING F OR A P ENALTY AN D PROVIDING FOR AN EFFECTIVE DATE Summary: The C ity C ouncil d irected staff t o a mend t he w ater bas e and us age r ates as a result of t he budget d iscussions on J uly 12, 20 11 for f inancing of t he H ickory Water S upply project. History: The water rates were last amended in 2007. Financial Impact: The base fees were increased by 29% and the usage rates were increased by $1.31. Total impact to the budget will be $7,386,000. Of this amount, $5,386,000 will go to debt service on t he Hickory c apital i mprovements, an d $2, 000,000 for operation of the Hickory system. Other Information/Recommendation: Staff recommends introduction of the ordinance. Recommended changes will be effective September 1, 2011. Attachments: Water Rate and Usage Ordinance Presentation: Finance Director Michael Dane Publication: None Reviewed by Service Area Directors: Finance Director Michael Dane and Will Wilde, Water Utilities Director, July 14, 2011.
  • 38. AN ORDINANCE AMENDING A PPENDIX A, A RTICLE 8.000 O F T HE C ODE OF OR DINANCES, C ITY OF S AN ANGELO T EXAS, B Y AMENDING S ECTION 8 .200 “MONTHLY W ATER R ATES” TO REPEAL SUBSECTION 8 .200(a)(1) I N ITS EN TIRETY; AND ADOPTING A NEW S UBSECTION 8 .200(a)(1) ESTABLISHING NEW MONTHLY BASE RATES FOR VARIOUS M ETER S IZES AND U SAGE R ATES, PROVIDING F OR S EVERABILITY, P ROVIDING F OR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OF SAN ANGELO: 1) T HAT, A ppendix A , Article 8. 000 o f t he C ode o f O rdinances, C ity of S an Angelo, Texas, S ection 8.200, M onthly Water R ates, i s hereby am ended by r epealing Subsection 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 September 1, 2011. (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 residential unit) Building Meter
  • 39. 0-2,000 gallons $2.32 Next 3,000 gallons $3.46 Next 10,000 gallons $4.07 Next 50,000 gallons $4.37 Next 35,000 gallons $4.52 Over 100,000 gallons $4.82 Landscape Meter 0–5,000 gallons $3.67 Next 10,000 gallons $4.12 Next 35,000 gallons $4.37 Next 35,000 gallons $4.52 Over 85,000 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 1,000 gallons and up $3.95
  • 40. Landscape Meter 1,000 gallons and up Winter* $3.92 Summer** $4.17 Millersview-Doole 1,000 gallons and up Winter* $5.62 Summer** $6.32 Producers Lamb and Goat 1,000 gallons and up $3.95 Fire Hydrants 1,000 gallons and up $4.52 UNTREATED WATER Residential 0-5,000 gallons $1.81 Next 5,000 gallons $2.31 Over 10,000 gallons $3.02 Commercial, Apartment and Mobile Home Parks, Industrial, H otel, M otel, H ospital, School and Government 1,000 gallons and up $3.02 *Winter is the billing period of October through April. **Summer is the billing period of May through September.
  • 41. 2) THAT all remaining subsections of Section 8.200 not amended by this ordinance remain in full force and effect. 3) TH AT, the f ollowing se verability cl ause i s hereby adopt ed w ith t his 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 i nvalid, 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 per son w ho violates any pr ovisions of t his article sh all be g uilty of a misdemeanor and upon co nviction sh all be su bject t o a fine as provided f or i n Section 1. 106 o f t his Code. E ach day of s uch v iolation sh all co nstitute a separate offense. 5) THAT, this Ordinance sh all be e ffective on, from and a fter t he date of adoption. INTRODUCED on the day of , 2011, and finally PASSED, APPROVED and ADOPTED on this the day of , 2011. 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
  • 42. City of San Angelo Office of the City Clerk Memo Date: July 11, 2011 To: Mayor and Councilmembers From: Alicia Ramirez, City Clerk Mindy Ward, City Attorney th Subject: Agenda Item for July 19 Council Meeting Contact: Alicia Ramirez, City Clerk, 657-4405 Caption: Regular Item First P ublic H earing and consideration of i ntroduction of an Ordinance amending established boundaries of Single Member District 1 AN O RDINANCE A MENDING T HE E STABLISHED BOUNDARIES O F SINGLE MEMBER DISTRICT NUMBER 1 FOR THE PURPOSE OF INCORPORATING NE WLY UNINHABITED ANNEXED AR EAS I NTO SAID DISTRICT, AND PROVIDING AN EFFECTIVE DATE Summary: An annexation in SMD #1 was approved on June 28, 2011(approximately 200 acres out of H. F. Gantz survey 179, c. Damman Survey 180 and C. A. Voigt Survey 181 in tom Green County, Texas, being adjacent and contiguous to the present corporate limits of the City of San Angelo). As part of the submission under Section 5 of the Voting Rights Act, the annexation updates and c hanges t o t he es tablished bo undaries of S ingle Member D istricts should b e c leared through the Department of Justice. The area is uninhabited and requires no updates to the Census 2010 Population figures. The City will comply with the requirements for the submission by adoption of this ordinance. Financial Impact: None. Other Information/Recommendation: Staff recommends update to established boundary of SMD #1. Attachments: Annexation Map, Proposed Ordinance, and Revised 2011 SMD Map  Page 1
  • 43. AN O RDINANCE AM ENDING T HE E STABLISHED BOUNDARIES O F SINGLE M EMBER D ISTRICT NUMBER 1 FOR THE P URPOSE O F INCORPORATING UNINHABITED NEWLY ANNE XED ARE AS I NTO S AID DISTRICT, AND P ROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to the C ity of S an A ngelo C harter, S ection 3 e ntitled “Annexation”, t he City Council s hall have t he power, after public hearing, of f ixing t he boundaries of t he City of San Angelo and to annex additional territory by ordinance; and WHEREAS, on June 28, 2011 , t he C ity C ouncil adopted Ordinance # 2011-06-068 annexing certain uninhabited areas into the City of San Angelo; and WHEREAS, it is now necessary to incorporate such areas into a Single Member District within the City of San Angelo in order to ensure future new residents of the right to vote; NOW THEREFORE BE IT ORDAINED BY THE CITY OF SAN ANGELO: 1) THAT, the boundaries of Single Member District 1 be, and are hereby, amended to read as follows: See attached Exhibit “A” and Exhibit “B” which is incorporated herein by reference for all purposes. 2) THAT, the following severability clause is adopted with this amendment: SEVERABILITY: That t he t erms and provisions of t his O rdinance shall be de emed to be severable i n that if a ny 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, this ordinance shall be effective from and after adoption of this ordinance. INTRODUCED on the 19th day of July, 2011, and finally PASSED, APPROVED and ADOPTED on this the 6th day of August, 2011. CITY OF SAN ANGELO, TEXAS _________________________ Alvin New, Mayor ATTEST: _________________________ Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: _________________________ __________________________ Alicia Ramirez, City Clerk Dan Saluri, Assistant City Attorney
  • 44. EXHIBIT “A” DESCRIPTION OF SINGLE MEMBER DISTRICT 1 FOR SAN ANGELO, TEXAS BY 2000 U. S. CENSUS P. L. 94-171 TRACT AND BLOCK TRACT / BLOCK TRACT / BLOCK TRACT / BLOCK 000800 6020 000800 4027 000800 6035 000800 6021 000800 4028 000800 6047 000800 6028 000800 4029 000800 6048 001304 1006 000800 4030 000800 6049 001304 1007 000800 4031 000800 6051 001304 1008 000800 4032 000800 6052 001304 1009 000800 5012 000800 6053 001304 1010 000800 5014 000800 6054 001304 1011 000800 5015 000800 6055 001304 1012 000800 5016 000800 6056 000800 4000 000800 5017 000800 6057 000800 4001 000800 5018 000800 6058 000800 4002 000800 5019 000800 6061 000800 4003 000800 5020 001304 1000 000800 4004 000800 5021 001304 1999 000800 4005 000800 5022 001304 4000 000800 4006 000800 5023 001304 4001 000800 4007 000800 5024 001304 4002 000800 4008 000800 5025 001304 4003 000800 4009 000800 5026 001304 4004 000800 4010 000800 5027 001304 4005 000800 4011 000800 5028 001304 4006 000800 4012 000800 5029 001304 4007 000800 4013 000800 5999 001304 4008 000800 4014 000800 6004 001304 4009 000800 4015 000800 6005 001304 4010 000800 4016 000800 6006 001304 4011 000800 4017 000800 6007 001304 4012 000800 4018 000800 6008 001304 4013 000800 4019 000800 6009 001304 4014 000800 4020 000800 6010 001304 4015 000800 4021 000800 6011 001304 4016 000800 4022 000800 6012 001304 4999 000800 4023 000800 6013 001400 1000 000800 4024 000800 6029 001400 1001 000800 4025 000800 6030 001400 1002 000800 4026 000800 6031 001400 1003
  • 45. EXHIBIT “A” 001400 2010 001500 1006 001703 2024 001400 2041 001500 1007 001703 2025 001400 2043 001500 1008 001703 2026 001400 3000 001600 4054 001703 2027 001400 3001 001600 4055 001703 2028 001400 3002 001703 1000 001703 5000 001400 3003 001703 1001 001703 5001 001400 3004 001703 1002 001703 5002 001400 3005 001703 1003 001703 5003 001400 3006 001703 1004 001703 5004 001400 3007 001703 1005 001703 5005 001400 4000 001703 1006 001703 5016 001400 4001 001703 1007 001703 5017 001400 4002 001703 1008 001703 5018 001400 4003 001703 1009 001703 5019 001400 4004 001703 1010 001703 5020 001400 4005 001703 1011 001704 3051 001400 4006 001703 1012 001704 3052 001400 4007 001703 1013 001704 3053 001400 4008 001703 2000 001704 3054 001400 4009 001703 2001 001705 1012 001400 4011 001703 2002 001705 1013 001400 4012 001703 2003 001705 1014 001400 4015 001703 2004 001705 1015 001400 4016 001703 2005 001705 1016 001400 4018 001703 2006 001705 1017 001400 5000 001703 2007 001705 1018 001400 5001 001703 2008 001705 1019 001400 5002 001703 2009 001705 1020 001400 5003 001703 2010 001705 1021 001400 5004 001703 2011 001705 1022 001400 5005 001703 2012 001705 1023 001400 5006 001703 2013 001705 1024 001400 5007 001703 2014 001705 1025 001400 5013 001703 2015 001705 1026 001400 5017 001703 2016 001705 1027 001400 5018 001703 2017 001705 1028 001400 5999 001703 2018 001704 3998 001500 1001 001703 2019 001704 3999 001500 1002 001703 2020 001705 1000 001500 1003 001703 2021 001705 1001 001500 1004 001703 2022 001705 1002 001500 1005 001703 2023 001705 1003