1.City Council Agenda Page 1 of 7 August 6, 2013 NOTICE OF A PUBLIC MEETING Including Addendum AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, August 6, 2013 McNease Convention Center, South Meeting Room 500 Rio Concho Drive San Angelo, TX 76903 THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES. ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK, ROOM 210, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING. City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. every day for two weeks beginning on the Thursday after each meeting. As a courtesy to those in attendance, please place your cell phone on Silent or Vibrate Thank You! I. OPEN SESSION (9:00 A.M.) A. Call to Order B. Prayer and Pledge "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible. C. Proclamations Back to School Bash No Drop out Zone, Saturday, August 17, 2013, to be accepted by Pastor Ricardo Cortijo United Way, Day of Prayer, Sunday, August 11, 2013, to be accepted by Most Rev. Michael D. Pfeifer, OMI, Bishop of San Angelo and Diocese of San Angelo United Way of the Concho Valley's Children's Day, Saturday, August 10, 2013, to be accepted by Patti Breitreiter, President & CEO and Donna Brosh, Campaign Director D. Public Comment The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment. II. CONSENT AGENDA 1. Consideration of approving the July 16, 2013 City Council Regular meeting minutes 2. Consideration of awarding bid(s) and authorizing the City Manager to execute any necessary related documents: a. ES 03 13: 2013 Sealcoat Project, Brannan Paving Co., Ltd. (Victoria, TX), $1,710,000.00 (submitted by Interim City Engineer Tim Wolff)

2. City Council Agenda Page 2 of 7 August 6, 2013 b. WU-09-13: 2013 Belt Filter Press Replacement Project, Alfa Laval Ashbrook Simon-Hartley, Inc. (Houston, TX), $909,239.00 (submitted by Water Utilities Director Ricky Dickson) 3. Consideration of authorizing the City of San Angelo to enter into an interlocal agreement with the Tom Green County Sheriffs Office for the purpose of jointly applying for the Edward Byrne Memorial Justice Assistance Grant and authorization for the City Manager to execute any necessary related documents (submitted by Police Chief Tim Vasquez) 4. Consideration of adopting a Resolution affirming the City of San Angelos cooperation with the Steering Committee of Cities served by AEP TNC to review AEP Texas North Companys requested approval of an adjustment to its Energy Efficiency Cost Recovery Factor, hiring legal and consulting services to negotiate with the Company and direct any necessary litigation and appeals, finding that the meeting at which this Resolution passed is open to the public as required by law; requiring notice of this Resolution to legal counsel (submitted by City Attorney Lysia H. Bowling) 5. Consideration of adopting a Resolution of the City Council for the City of San Angelo authorizing the City Manager to enter into a contract on behalf of the City with Todd Houston Williams for the purchase of certain real property, being nine acres more or less, located south of 29th Street and on the Concho River, within the corporate limits of the City of San Angelo, Tom Green County, Texas, allocating closing and related costs, and authorizing the City Manager to execute such related documents as may be necessary or convenient to complete the purchase for a total price, including costs, not to exceed $50,000.00 (Submitted by Assistant City Manager Rick Weise) 6. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit A (Zoning Ordinance) of the Code of Ordinances, City of San Angelo (submitted by Interim Senior Planner Jeff Hintz) Z13-20: David Jenson AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT A OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT A OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 1650 Iowa Avenue, 1649 and 1650 Nebraska Avenue, located at the east corner lots at the intersections of Nevada Drive and Iowa Avenue and Nevada Drive and Nebraska Avenue. This property specifically occupies the Capitol Heights Addition, Section 5, Block 6, Lot 42 and Block 11, Lot 1 and Lot 26, in southwest San Angelo, changing the zoning classification from Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to Single-Family Residential (RS- 1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 7. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit A (Zoning Ordinance) of the Code of Ordinances, City of San Angelo (submitted by Interim Director of Development Services AJ Fawver) Z 13-21: Clark Wilson AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT A OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT A OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 3704, 3712, & 3720 North Chadbourne Street, located directly southeast of the intersection of North Chadbourne Street, West 38th Street, and Coliseum Drive, and 175 feet northeast of the intersection at North Chadbourne Street and East 37th Street; more specifically occupying approximately 2 acres out of the Mather Addition No. 2; portions of Blocks 11 & 12 including the North 79.45 feet of south 229.45 feet of the west part of Blocks 11 & 12; the north 70.8 feet of South 300.25 feet of the west part of Blocks 11 & 12 and the south 170 feet of north 303 feet of west 318.83 feet of Blocks 11 & 12 in northwest San Angelo, changing the zoning 3. City Council Agenda Page 3 of 7 August 6, 2013 classification from a General Commercial/Heavy Commercial (CG/CH) &Single-Family Residential (RS-1) to a General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 8. Second Hearing and consideration of adopting an Ordinance annexing approximately 24.484 acres situated immediately west/southwest of San Angelo and encompassing a vacant 24.484 acre tract extending northwest from Mills Pass Drive, and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the proposed Prestonwood Addition, Section Two (submitted by Interim Director of Development Services AJ Fawver) 9. Second Hearing and consideration of adopting an Ordinance amending the Water Conservation and Drought Contingency Plan (submitted by Water Utilities Director Ricky Dickson) AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 11, ARTICLE 11.200 WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN, BY AMENDING SUBPART (d) ENTITLED WATER SUPPLY STAGE-DROUGHT LEVEL I, OF SECTION 11.203 DROUGHT STAGES AND WATER MANAGEMENT MEASURES TO LIMIT WATERING OF LAWNS, GARDENS, LANDSCAPE AREAS, TREES, SHRUBS, GOLF COURSES (EXCEPT GREENS) OR OTHER PLANTS BEING GROWN OUTDOORS TO ONCE EVERY SEVEN DAYS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE III. REGULAR AGENDA: F. EXECUTIVE/CLOSED SESSION Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open: Section 551.071 to consult with attorney on pending or contemplated litigation; or a settlement offer regarding Property Damage Claim #G012154 Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding ground water supply options for the city, including V.V. groundwater, Business and Industrial Park property, and Lake Nasworthy property Section 551.074(a)(1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager G. PUBLIC HEARING AND COMMENT 10. Presentation on the Friends of Fairmount Master Plan and consideration of the approval of any matters related thereto (Presentation by Friends of Fairmount Board Members and Parks and Recreation Director Carl White) 11. Consideration of awarding bid ES 03-13 for the 2013 Sealcoat Project to Brannan Paving Co., Ltd. (Victoria, TX), in the amount of $1,710,000.00 and authorizing the City Manager to execute a contract and any related documents, in substantially the attached form, between the City of San Angelo and Brannan Paving Co., Ltd. (Presentation by Interim City Engineer Tim Wolff) 12. Discussion of residential water consumption on number of accounts using more than 50,000 gallons a month (Requested by Councilmember Silvas and presentation by Water Utilities Director Ricky Dickson) 13. Discussion and possible action on awarding bid WU-06-13 for the 2013 Water Line Improvements Contract No. 1 to one of the following companies based on bids received from Darnell Construction, LLC (San Angelo, TX) in the amount of $1,964,955.69, Housley Communications, Inc. (San Angelo, 4. City Council Agenda Page 4 of 7 August 6, 2013 TX) in the amount of $1,399,276.40, and QRO MEX Construction Company, Inc. (Granite Shoals, TX) in the amount of $1,344,648.00; and authorizing the City Manager to execute said contract, in substantially the attached form, and any related documents (Presentation by Water Utilities Director Ricky Dickson) 14. Discussion and possible action, including, but not limited to, awarding Bid WU-08-13 Hickory Well Field Expansion - Package #1 to Alsay Incorporated (Houston, TX) for the construction of 5, 6, or 7 wells (bid amounts ranging from $6,423,730.00 for 5 wells to $8,729,000.00 for 7 wells), authorizing staff to negotiate a contract, in substantially the attached form, and authorizing the City Manager to execute said contract and any related documents (Presentation by Water Utilities Director Ricky Dickson) 15. Discussion and possible action on the location of the groundwater treatment facility for the Hickory Water Supply Project (Requested by Councilmember Farmer) 16. Consideration of approving an amendment to vision plan component of the San Angelo Comprehensive Plan update adopted in 2009, specifically properties starting approximately 800 feet west from the intersection of Loop 306 and Baze Street, thence in a northerly direction to FM 2105, and easterly through the city landfill and encompassing properties annexed to the city limits in December of 2011, and city owned properties east of North US Highway 67 north and east of the current industrial park in the far northeast portion of San Angelo (Presentation by Interim Senior Planner Jeff Hintz) 17. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12, Exhibit A (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z13-23: Earl and Michelle Weber AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT A OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT A OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 3862 Tractor Trail, located at the northwest corner of the intersection of Tractor Trail and Porter Henderson Drive. This property specifically occupies the Paul Gregory Addition, Section 2, 5.33 acres of Tract J & 0.310 acres in Smith Boulevard, in northeast San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Light Manufacturing District (ML) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Interim Senior Planner Jeff Hintz) 18. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12, Exhibit A (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-22: M&H Mueller AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT A OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT A OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 3172 McGill Boulevard & 3733 North US Highway 67, collectively occupying both a 5.131 acre tract and a 55.1830 acre tract located west of North US Highway 67, north of Paulann Boulevard and east of Smith Boulevard; more specifically occupying 5.131 acres of the J. Pointevent Survey 1113, Abstract 4873, and 55.1830 acres of the J. Fenner Survey 0001, Abstract 4985, in northeast San Angelo, changing the zoning classification from a 5. City Council Agenda Page 5 of 7 August 6, 2013 General Commercial (CG) to a Light Manufacturing (ML) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Interim Senior Planner Jeff Hintz) 19. Consideration of authorizing a request for temporary placement of a mobile home, not to exceed one year, during construction of a permanent home on the same 2 acre site. 4609 Armstrong Street, located approximately 170 feet south of the intersection of Armstrong Street and East 47th Street; more specifically occupying the Carrigan Addition, Tract 2 being 2 acres, in northern San Angelo (Presentation by Interim Director of Development Services AJ Fawver) 20. Consideration and possible action regarding a revision to the City of San Angelo Development Corporation Guidelines for Job Creation Assistance regarding Eligibility of Applicants (Requested by Mayor Morrison and presentation by Interim Economic Development Director Bob Schneeman) 21. Consideration of approving a recommendation by the City of San Angelo Development Corporation (COSADC) authorizing an increase in the estimated construction cost to $512,900.00 from $350,000.00 as originally approved by Council at their regular meeting of June 27, 2012, resulting from an increase based on the estimate for the actual design drawings and a wider proposed street cross section on the Paulann Blvd. portion of the project (Presentation by Interim Economic Development Director Bob Schneeman) 22. Consideration of approving a recommendation by the City of San Angelo Development Corporation (COSADC) authorizing the advertisement for a request for bids (RFB) for the extension of Smith Blvd from the north boundary of Howard College to the intersection of Smith Blvd and the extension of Paulann Blvd at a width of 26 feet and the extension of Paulann Blvd from its intersection with Smith Blvd to its intersection with Highway 67 at a width of 64 feet, the cost as estimated by the Citys Engineering Division being $512,870.00, to be funded using half cent sales tax proceeds, and any other action in connection thereto (Presentation by Interim Economic Development Director Bob Schneeman) 23. Update and discussion of TxDOT maintenance activities along all Texas Department of Transportation (TxDOT) right-of-ways within the city limits and options for supplementing their maintenance operations (Requested by Silvas and presentation by Operations Director Shane Kelton) 24. Consideration of adopting a Resolution authorizing, pursuant to March 2009 GASB issued statement No. 54, the commitment of funds in the amount of $375,218.62 from the FY 2012-2013 General Fund fund balance for the purchase of fourteen (14) fleet patrol vehicles in August of 2013; said commitment of funds in the amount $375,218.62 to be reimbursed to the General Fund Balance on or about October 1, 2013 from the FY 2013-2014 Equipment Replacement Funds; and approving the purchase of said fourteen (14) fleet patrol vehicles under VM-08-13; and authorizing the City Manager to execute all documents necessary and related to the purchase (Presentation by Operations Director Shane Kelton) 25. Discussion regarding a recommendation to the Citys Planning Division and the Citys Planning Commission regarding future action on pending and future requests for zone changes or special use permits pertaining to: 1) Campground/recreation vehicle parks, and 2) manufactured housing parks, and any action in connection thereto (Requested by Councilmember Fleming) 26. Discussion and possible action on prohibiting fireworks at Twin Buttes Reservoir (Requested by Councilmember Fleming) 6. City Council Agenda Page 6 of 7 August 6, 2013 27. Discussion and possible action on matters related to the Fiscal Year 2013-2014 Budget Preparation including, but not limited to: a. Priorities, goals, and all City funds b. Consideration of a record vote to propose a property tax rate for fiscal year 2013-2014 (Presentation by Budget Manager Morgan Chegwidden) 28. Discussion and possible action regarding excess Hotel Occupancy Tax receipts (Presentation by Finance Director Tina Bunnell) 29. First public hearing and consideration of introducing an Ordinance amending the 2012-2013 Budget for new projects and incomplete projects AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS, INCOMPLETE PROJECTS, CAPITAL PROJECTS, AND GRANTS (Presentation by Budget Analyst Laura Brooks) 30. Discussion and possible action regarding the renewal of the agreement for Waste Collection and Disposal and Landfill Lease and Operation between the City of San Angelo and Republic Waste Services of Texas (Requested by Councilmember Farmer) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 31. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed 32. Presentation by V.V. Groundwater Group and any action in connection thereto 33. Consideration of approving various Board nominations by Council and designated Councilmembers: a. Animal Shelter: Sara Bennett (SMD4) to a 1st full term January 2015 b. Construction Board of Adjustments/Appeals: Lyle Trask (SMD1) to a 1st full term February 2015, Roger Julien (SMD2) to a 1st full term January 2015, and Christopher Giroux (SMD4) to a 1st full term January 2015 c. Design and Historic Review Commission: Eric Eggemeyer (SMD1) to an unexpired term September 2013 d. Development Corporation: Daniel Anderson (Mayor) to an unexpired term February 2015 e. Ft. Concho Museum Board: Harry Thomas (SMD4) to a 2nd full term f. Public Art Commission: Alejandro Castanon (SMD3) to a 2nd full term April 2015 and Susan Williams (SMD5) to a 1st full term April 2015 g. Zoning Board of Adjustments: Lloyd Woodfin, Jr. (SMD4) to a 1st full term January 2015 34. Consideration of nominating and approving various At-Large members to serve on the following board/commission by City Council members: a. Construction Board of Adjustment/Appeals b. Downtown Development Commission 35. Consideration of nominating and approving City Council members to serve on the following boards and committees: a. Concho River Water Master Advisory Committee (3) b. Concho Valley Council of Governments Executive Committee (1) c. Concho Valley Transit District (1) d. Records Management Committee (1) e. Hotel/Community Housing Committee (1) 36. Discussion and possible action of conducting an evening City Council meeting once per quarter 7. City Council Agenda Page 7 of 7 August 6, 2013 37. Announcements and consideration of Future Agenda Items 38. Consideration of the September 3, 2013 City Council meeting 39. Adjournment The City Council reserves the right to consider business out of the posted order, and at any time during the meeting, reserves the right to adjourn into executive session on any of the above posted agenda items which are not listed as executive session items and which qualify to be discussed in closed session under Chapter 551 of the Texas Government Code. Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Friday, August 2, 2012, at 5:00 P.M. /s/________________________ Alicia Ramirez, City Clerk 8. CITY COUNCIL MINUTE RECORD The City of San Angelo Page 393 Tuesday, July 16, 2013 Vol. 104 OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:05 A.M., Tuesday, July 16, 2013, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized members of the Council, to-wit: Mayor, Dwain Morrison Councilmember Rodney Fleming Councilmember Marty Self Councilmember Johnny Silvas Councilmember Don Vardeman Councilmember H.R. Wardlaw Councilmember Charlotte Farmer were present and acting, with the exception of, thus constituting a quorum. Whereupon, the following business was transacted: An invocation was given by Mayor Morrison and pledge was led by Meagan Thompson, 6 year old daughter of Steven Thompson, Computer Support Specialist for the Citys Information Technology Division. PROCLAMATION Americans with Disabilities Act (ADA) Awareness Day, July 25, 2013, was accepted by Mary Palos and Rosalinda Rivera with Disability Connections Resource Center. PUBLIC COMMENT Public comments were made by Kristen Stanley and Sharon Huffman concerning feral cats, and Jim Ryan concerning the hotel occupancy tax. CONSENT AGENDA APPROVAL OF THE JUNE 25, 2013 CITY COUNCIL SPECIAL MEETING MINUTES AND JULY 2, 2013 CITY COUNCIL REGULAR MEETING MINUTES APPROVAL OF NEW LAKE LOT RESIDENTIAL LEASE LOCATED AT LOT 58A, GROUP SHADY POINT, 1602 SHADY POINT CIRCLE (STEELY) AND AUTHORIZATION FOR THE MAYOR, CITY MANAGER, OR WATER UTILITIES DIRECTOR TO EXECUTE THE SAME (SUBMITTED BY RICKY DICKSON WATER UTILITIES DIRECTOR) ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A TAX-RESALE (QUITCLAIM) DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SAN ANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAX FORECLOSURE JUDGMENT OR TAX WARRANT: (Page , #2013-07- ) 329 13th Street, (Perez), Lot 2, Block 2, Pecan Place, $750, Suit No.TAX90-0083B 105 Railroad Avenue, (Perez), Lot 9, Salvato S/D of Block 2 of Kirby S/D, $750, Suit No.B-4723-B Motion, to approve the Consent Agenda, as presented, was made by Councilmember Johnny Silvas and seconded by Councilmember Charlotte Farmer. Motion carried unanimously. 9. Page 394 Minutes Vol. 104 July 16, 2013 REGULAR AGENDA: PUBLIC HEARING AND COMMENT APPROVAL OF AN AMENDMENT TO THE VISION PLAN COMPONENT OF THE SAN ANGELO COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, SPECIFICALLY PROPERTIES LOCATED BETWEEN 43RD STREET TO THE NORTH, COLISEUM DRIVE TO THE EAST, 40TH STREET TO THE SOUTH AND GRAPE CREEK ROAD AND CHADBOURNE STREET TO THE WEST, IN NORTHWESTERN SAN ANGELO Interim Senior Planner Jeff Hintz presented background information. A copy of the presentation is part of the Permanent Supplemental Record. Mr. Hintz provided a brief explanation of the Vision Plan. General discussion was held on staffs recommendation to make no changes to the Vision Plan Map and the Planning Commissions recommendation to extend the Neighborhood Center designation eastward. Motion, to take no action on this item, was made by Councilmember Self and seconded by Councilmember Wardlaw. Motion carried unanimously. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT A (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO Z13-20: David Jenson AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT A OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT A OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 1650 Iowa Avenue, 1649 and 1650 Nebraska Avenue, located at the east corner lots at the intersections of Nevada Drive and Iowa Avenue and Nevada Drive and Nebraska Avenue. This property specifically occupies the Capitol Heights Addition, Section 5, Block 6, Lot 42 and Block 11, Lot 1 and Lot 26, in southwest San Angelo, changing the zoning classification from Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Interim Senior Planner Jeff Hintz presented background information. A copy of the presentation is part of the Permanent Supplemental Record. Motion, to introduce the Ordinance, as presented, was made by Councilmember Fleming and seconded by Councilmember Self. Motion carried unanimously. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT A (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO Z 13-21: Clark Wilson AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT A OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT A OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 3704, 3712, & 3720 North Chadbourne Street, located directly southeast of the intersection of North Chadbourne Street, West 38th Street, and Coliseum Drive, and 175 feet northeast of the intersection at North Chadbourne Street and East 37th Street; more specifically occupying approximately 2 acres out of the Mather Addition No. 2; portions of Blocks 11 & 12 including the North 79.45 feet of south 229.45 feet of the west part of Blocks 11 & 12; the north 70.8 feet of South 300.25 feet of the west part of Blocks 11 & 12 and the south 170 feet of north 303 feet of west 318.83 feet of Blocks 11 & 12 in northwest San Angelo, changing the zoning classification from a General 10. Minutes Page 395 July 16, 2013 Vol. 104 Commercial/Heavy Commercial (CG/CH) &Single-Family Residential (RS-1) to a General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Interim Director of Development Services AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplemental Record. Motion, to introduce the Ordinance, as presented, was made by Councilmember Self and seconded by Councilmember Vardeman. Motion carried unanimously. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE ANNEXING APPROXIMATELY 24.484 ACRES SITUATED IMMEDIATELY WEST/SOUTHWEST OF SAN ANGELO AND ENCOMPASSING A VACANT 24.484 ACRE TRACT EXTENDING NORTHWEST FROM MILLS PASS DRIVE, AND LOCATED DIRECTLY WEST OF AN 8.995 ACRE TRACT ANNEXED TO THE CITY LIMITS ON MARCH 5, 2013 THAT COMPRISES THE PROPOSED PRESTONWOOD ADDITION, SECTION TWO Interim Director of Development Services AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplemental Record. Motion, to introduce the Ordinance, as presented, was made by Councilmember Farmer and seconded by Councilmember Self. Motion carried unanimously. ADOPTION OF A RESOLUTION RECOMMENDING TO THE TEXAS DEPARTMENT OF TRANSPORTATION THAT CONCHO VALLEY TRANSIT DISTRICT (CVTD) BE CHOSEN AS THE DIRECT RECIPIENT FOR FEDERAL FUNDS IN ACCORDANCE WITH TITLE 49, SUBTITLE III, CHAPTER 53, SECTION 5307 OF THE UNITED STATES CODE, FOR THE SAN ANGELO URBANIZED AREA; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS REQUIRED TO EVIDENCE THE CITYS SUPPORT OF CVTD AS THE DIRECT RECIPIENT FOR FEDERAL SECTION 5307 FUNDING; AND, PROVIDING FOR AN EFFECTIVE DATE (Page , #2013-07- ) Finance Director Tina Bunnell presented background information. Motion, to adopt the Resolution, as presented, was made by Councilmember Farmer and seconded by Councilmember Silvas. Motion carried unanimously. PUBLIC HEARING AND APPROVAL OF THE 2013 ANNUAL ACTION PLAN FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) FUNDS AND AUTHORIZING CITY MANAGER TO EXECUTE THE APPLICATIONS, REQUIRED CERTIFICATIONS, RELATED DOCUMENTS, AND ANNUAL FUNDING AGREEMENTS FOR $739,584.00 OF CDBG FUNDS AND $245,399.00 OF HOME GRANT FUNDS Neighborhood and Family Services Director Bob Salas presented background information. Motion, to approve the 2013 Annual Action Plan, as presented, was made by Councilmember Fleming and seconded by Councilmember Farmer. Motion carried unanimously. RECESS At 10:10 A.M., Mayor Morrison called a recess. RECONVENE At 10:26 A.M., Council reconvened, and the following business was transacted: APPROVAL OF A REQUEST FOR PERMIT FOR THE TRANSPORT AND DISPOSAL OF GARBAGE, 11. Page 396 Minutes Vol. 104 July 16, 2013 TRASH, AND DEBRIS WITHIN THE SAN ANGELO CITY LIMITS AND ANY SERVICE THAT IS ALLOWED BY STATE LAW OR CITY ORDINANCE THAT DOES NOT CONFLICT WITH THE CITYS CONTRACT WITH REPUBLIC WASTE SERVICES OF TEXAS AND THE EXCLUSIVE RIGHTS GRANTED BY THAT CONTRACT TO REPUBLIC WASTE SERVICES OF TEXAS FOR THE FOLLOWING COMPANIES AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE ANY NECESSARY RELATED DOCUMENTS: Texas Disposal Systems, Inc. TxAlloy, Inc. DBA Acme Iron & Metal Co. Operations Director Shane Kelton presented background information. Mr. Kelton informed two requests for permits had been submitted to utilize the Citys streets and landfill for the purpose of transport and disposal. Robert Searls with Republic Services stated the landfill could handle additional growth of waste service and informed the landfill currently has 17 year life expectancy. Councilmember Farmer recalled a one-time set aside of $450,000.00 had been made for a future landfill site. She suggested staff research the designation. She further expressed her concern on the increased amount of truck traffic on the Citys residential streets. Mr. Kelton informed, by City Ordinance, any carrier may request a permit for the use of streets and landfill as long as the criteria is met. Bob Gregory, owner of Texas Disposal Systems and TxAlloy, Inc. DBA Acme Iron & Metal Co., addressed the Council concerning his services. Mr. Gregory stated his company brings competition to the county, offers recycling services, and believes there will be less waste deposited into the landfill through their services. Motion, to deny request for permit, as presented, was made by Councilmember Farmer and seconded by Councilmember Wardlaw. AYE: Wardlaw and Farmer. NAY: Morrison, Fleming, Self, Silvas, and Vardeman,. Motion failed 2-5. Councilmember Farmer requested a short recess to discuss the item with the City Attorney. RECESS At 11:09 A.M., Mayor Morrison called a recess. RECONVENE At 11:14 A.M., Council reconvened, and the following business was transacted: Further discussion on the REQUEST FOR PERMIT FOR THE TRANSPORT AND DISPOSAL: Mayor Morrison informed Councilmember Farmer had a conflict of interest due to distant family relationship; therefore, Councilmember Farmer has recused herself from voting on matter at hand. Motion, to approve the request for permit, as presented, was made by Councilmember Vardeman and seconded by Councilmember Fleming. AYE: Morrison, Self, Fleming, and Vardeman. NAY: Silvas and Wardlaw. Motion carried 4-2. PRESENTATION ON THE NORTH CONCHO RIVER AND TRAILS IMPROVEMENT PROJECT Parks and Recreation Director Carl White presented background information. A copy of the presentation is part of the Permanent Supplemental Record. Mr. White stated staff is seeking direction in regards to the remaining funding of the project and informed the project is 92% complete. He noted $905,490.00 remains including the $500,000.00 contingency per Councils request. Mr. White informed $48,000.00 will be used to purchase property, $50,000.00 will be used for additional tree work, if needed, and leaving $307,490.00 project balance. Mr. White noted staff is researching future projects outside of the current project, e.g. to secure loose river rock by art work, additional wayfinding 12. Minutes Page 397 July 16, 2013 Vol. 104 signage, additional games, food court concessions, restoration of putt-putt area, install turn-around parking by Koenigheim, improvements to the maintenance drive from El Paseo to pumps, and expanded drip irrigation to the existing trees. He stated other projects under consideration but not funded include the suspension bridge at Concho Avenue, river trail connections to downtown, supplemental funding for landscaping, additional bank stabilization from Johnson Street Dam and river trail, and Irving to Celebration Bridge (Edgewater Inn). Mr. White noted staff is seeking direction on these projects and any change order to the project would be presented to Council. He suggested the drip irrigation be submitted as a change order as part of the existing project. Assistant City Manager Rick Weise added the drip irrigation, the removal of dead trees, and pruning of trees would be a priority. In consensus, Council agreed to continue with project. Staff informed the projects will be presented for approval at a future meeting. FAILURE OF MOTION TO TERMINATE THE FURTHER EMPLOYMENT OF CAROLLO ENGINEERS Requested by Councilmember Wardlaw, City Attorney Lysia Bowling, with the confirmation of Texas Municipal League, suggested Council discuss the contract in Executive Session under Section 551.071 Consultation with Attorney, noting discussion should specifically related to the termination of the contract. Due to the need to provide transparency, Councilmember Wardlaw insisted the item be discussed in open session. Mayor Morrison inquired whether there were any objections to continue the matter in open session and reiterated further discussion in open session was against the City Attorneys recommendation. No objections were made by City Council. City Manager Daniel Valenzuela requested Councilmember Wardlaw continue with his presentation. Councilmember Wardlaw commented on the performance of Carollo Engineers (CE), staff dissatisfaction with CE performance, the expenditures and payments made to CE, he mentioned 14 issues but did not provide further details on the issues, and the acceptance of the one submitted bid for the treatment plant. Water Utilities Director Ricky Dickson clarified Councilmember Wardlaws statement regarding staffs dissatisfaction with CE performance, noting he or staff did not have any issues with CE performance, have fulfilled their contractual duties, and have been paid according to the contract funding. City Manager Daniel Valenzuela added the project is on target and requested Councilmember Wardlaw further discuss his issues and concern expressed. Councilmember Wardlaw declined. CE Vice President Hutch Musallam provided an update on the remaining funds of the project. He was under the impression the City was pleased with his performance; the majority of the project funds have been utilized for the pilot testing of the water treatment system; and it is not in the Citys interest to change engineers in this late stage of the project. To date, Mr. Musallam expressed no issues have been brought to their attention. Councilmember Farmer commented on the number of bids received, the amount of money spent on the project to date, lack of information on the cost associated with radium removal, and concerns raised regarding the location of the treatment plant. Project Engineer Kevin Kruger informed the bid price for disposal of the radium was $.59/per 1000 and is guaranteed for 10 years. Motion, to terminate Carollo Engineers services upon completion of their current project and authorization for Council to seek a new consultant, was made by Councilmember Wardlaw and seconded by Councilmember Farmer. AYE: Wardlaw, and Farmer. NAY: Morrison, Fleming, Self, Silvas, and Vardeman. Motion failed 2-5. DISCUSSION AND NO ACTION CONCERNING THE EMPLOYMENT OF A NEW WATER CONSULTANT FOR THE HICKORY PROJECT AND OTHER WATER MATTERS Requested by Councilmember Wardlaw, the item was not discussed or action taken due to the failed motion to terminate the further employment of Carollo Engineers. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 11, ARTICLE 13. Page 398 Minutes Vol. 104 July 16, 2013 11.200 WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN, BY AMENDING SUBPART (d) ENTITLED WATER SUPPLY STAGE-DROUGHT LEVEL I, OF SECTION 11.203 DROUGHT STAGES AND WATER MANAGEMENT MEASURES TO LIMIT WATERING OF LAWNS, GARDENS, LANDSCAPE AREAS, TREES, SHRUBS, GOLF COURSES (EXCEPT GREENS) OR OTHER PLANTS BEING GROWN OUTDOORS TO ONCE EVERY SEVEN DAYS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE Water Utilities Director Ricky Dickson presented background information. Motion, to introduce the Ordinance, as presented, was made by Councilmember Fleming and seconded by Councilmember Silvas. Motion carried unanimously. POSTPONEMENT OF THE DISCUSSION OF RESIDENTIAL WATER CONSUMPTION ON NUMBER OF ACCOUNTS USING MORE THAN 50,000 GALLONS A MONTH Mayor Morrison, with the consent of the Council, suggested postponing the item to be discussed at a future meeting. DISCUSSION AND UPDATE ON THE PROGRESS AND COST TO DATE ON THE HICKORY AQUIFER WATER SUPPLY PROJECT INCLUDING, BUT NOT LIMITED TO, CONTRACTS FOR CONSTRUCTION AND ENGINEERING Requested by Councilmember Farmer, Water Utilities Director Ricky Dickson presented background information. A copy of the presentation is part of the Permanent Supplemental Record. No action taken. AWARD OF WATER UTILITY BID WU-10-13, GROUNDWATER TREATMENT FACILITY AND MISCELLANEOUS IMPROVEMENT PROJECTS FOR THE HICKORY AQUIFER WATER SUPPLY PROJECT TO PCL CONSTRUCTION, INC. (IRVING, TX) IN THE AMOUNT OF $27,132,193.00, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, AND RELATED DOCUMENTS Requested by Mayor Morrison, Water Utilities Director Ricky Dickson presented background information. Motion, to award WU-10-13 to PCL Construction, Inc., as presented, was made by Councilmember Silvas and seconded by Councilmember Self. Motion carried unanimously. ADOPTION OF A RESOLUTION OF THE CITY OF SAN ANGELO CITY COUNCIL AWARDING RFB NO. ES-01-13 ENGINEERING SERVICES AVENUE P STREET & DRAINAGE IMPROVEMENT PROJECT TO REECE ALBERT, INC., AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR CONSTRUCTION OF AVENUE P STREET & DRAINAGE REMEDIATION PROJECT BETWEEN THE CITY OF SAN ANGELO AND REECE ALBERT, INC. IN ACCORDANCE WITH SAID BID AWARD, IN SUBSTANTIALLY THE ATTACHED FORM, SAID AGREEMENT BEING SUBJECT TO RESCISSION ON DECEMBER 31, 2013 SHOULD THE NECESSARY RIGHT-OF-WAY AND NECESSARY EASEMENTS NOT BE ACQUIRED BY CITY BEFORE DECEMBER 31, 2013, AS PROVIDED FOR UNDER SUCH AGREEMENT (Page , #2013-07- ) Interim City Engineer Tim Wolff presented background information. Motion, to adopt the Resolution, as presented, was made by Councilmember Silvas and seconded by Councilmember Fleming. Motion carried unanimously. ADOPTION OF A RESOLUTION AUTHORIZING THE ACQUISITION OF A PERMANENT DRAINAGE UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ACROSS CERTAIN REAL PROPERTY EAST OF S. CHADBOURNE STREET AT AVENUE P REQUIRED FOR THE AVENUE P STREET & DRAINAGE IMPROVEMENT PROJECT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL CONTRACTS AND OTHER LEGAL INSTRUMENTS NECESSARY OR 14. Minutes Page 399 July 16, 2013 Vol. 104 CONVENIENT TO ACQUIRE SAID EASEMENTS; FINDING A PUBLIC USE AND BENEFIT THEREFORE; AND AUTHORIZING INITIATION OF EMINENT DOMAIN PROCEEDINGS PURSUANT TO LAW IF NECESSARY TO ACQUIRE THE PROPERTY FOR SAID EASEMENTS (Page , #2013-07- ) Interim City Engineer Tim Wolff presented background information. Motion, to adopt the Resolution, as presented, was made by Councilmember Silvas and seconded by Councilmember Fleming. Motion carried unanimously. DISCUSSION REGARDING THE FISCAL YEAR 2013-2014 BUDGET PREPARATION Assistant City Manager/Chief Financial Officer Michael Dane and Budget Manager Morgan Trainer presented background information. A copy of the report/presentation is part of the Permanent Supplemental Record. City Manager Daniel Valenzuela advised he will meet with each Councilmembers to discuss the upcoming budget. Mayor Morrison informed the Council will not conduct a budget workshop at this meeting but will take comments from the public. James Carter with West Texas Christian Foundation made a request to solve the drainage problem at Christian Village. Mr. Valenzuela stated he will obtain the information and present the item in November or December. Motion, to break for lunch, was made by Councilmember Silvas seconded by Councilmember Wardlaw. Motion carried unanimously. Public comments were made by Jim Turner concerning the Executive Session item Section 551.074(1) to deliberate the appointment, evaluation, reassignment, duties, discipline, or dismissal of the San Angelo City Manager, Assistant City Managers, all the Department Directors, and Acting or Interim Department Directors, noting the Council may be in violation of the open meetings act if they convene into Executive Session based on the caption wording. Responding to a question from Mayor Morrison, City Attorney Lysia Bowling stated her concerns of the potential violation of the Citys Charter. She also stated the legislative structure of the City was a council/manager form of government, and the City Manager has authority to appoint with consent of council and the authority to remove without requiring consent of council. Ms. Bowling suggested Council not go into Executive Session to discuss employees that are under the direction of the City Manager. Ms. Bowling also advised Council may go into Executive Session to discuss the City Manager only. City Manager Daniel Valenzuela stated he was in agreement with the City Attorney and would not have a problem with the Council taking him into Executive Session for direction or disciplinary action. Mr. Valenzuela further state he has the authority to evaluate and determine if his staff needs disciplinary action and welcomed guidance from Council. He also noted he will make it his responsibility to rebuild the trust between City Council and City staff. Motion, to not discuss Section 551.074 to deliberate the appointment, evaluation, reassignment, duties, discipline, or dismissal of the San Angelo City Manager, Assistant City Managers, all the Department Directors, and Acting or Interim Department Directors either in Executive Session or in open session and for matter to be brought back to the Council with the correct wording posted, was made by Mayor Morrison seconded by Councilmember Silvas. AYE: Morrison and Silvas. NAY: Fleming, Self, Vardeman, Wardlaw, and Farmer. Motion failed 2-5. RECESS At 12:20 P.M., Mayor Morrison called a recess. RECONVENE 15. Page 400 Minutes Vol. 104 July 16, 2013 At 12:46 P.M., Council reconvened, and the following business was transacted: EXECUTIVE/CLOSED SESSION At 12:46 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.071(1) to consult with attorney regarding Red Arroyo and West Texas Water Partnership Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding Red Arroyo Section 551.074(1) to deliberate the appointment, evaluation, reassignment, duties, discipline, or dismissal of the San Angelo City Manager, Assistant City Managers, all the Department Directors, and Acting or Interim Department Directors. RECESS At 12:30 P.M., Mayor Morrison called a recess. RECONVENE At 2:40 P.M., Council reconvened, and the following business was transacted: FOLLOW UP AND ADMINISTRATIVE ISSUES CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION No action was taken on matters discussed in Executive/Closed Session. Mayor Morrison informed Council will reconvene into Executive Session to discuss Section 551.074(1) to deliberate the appointment, evaluation, reassignment, duties, discipline, or dismissal of the San Angelo City Manager, Assistant City Managers, all the Department Directors, and Acting or Interim Department Directors. APPROVAL OF BOARD NOMINATIONS BY COUNCIL AND DESIGNATED COUNCILMEMBERS: Civic Events Boards: Mikala Brownfield (SMD4) to an unexpired term October 2014 Planning Commission: Sammy Farmer (SMD4) to an unexpired term January 2015 Motion, to approve the board nominations by Council and designated Councilmembers, was made by Councilmember Self and seconded by Councilmember Vardeman. Motion carried unanimously. APPROVAL OF APPOINTING COUNCILMEMBERS FLEMING AND FARMER TO SERVE ON THE INVESTMENT OVERSIGHT COMMITTEE Motion, to appoint Councilmembers Fleming and Farmer to serve on the Investment Oversight Committee, was made by Councilmember Self and seconded by Councilmember Silvas. Motion carried unanimously. EXECUTIVE/CLOSED SESSION At 5:00 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.074(1) to deliberate the appointment, evaluation, reassignment, duties, discipline, or dismissal of the San Angelo City Manager, Assistant City Managers, all the Department Directors, and Acting or Interim Department Directors RECONVENE At 5:50 P.M., Council reconvened, and the following business was transacted: FOLLOW UP AND ADMINISTRATIVE ISSUES CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION No action was taken on matters discussed in Executive/Closed Session. 16. Minutes Page 401 July 16, 2013 Vol. 104 Mayor Morrison stated the Council discussed the duties of the City Manager and also discussed the City Charter in relation to the City Manager. ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS City Manager Daniel Valenzuela distributed the proposed July 16, 2013 Agenda and solicited Council comments and suggestions. City Council members requested the following: Mayor Morrison: Code of Ethics/Conflict of Interest statement which was abolished in January 3, 2013 Councilmember Fleming: prohibition of fireworks at Twin Buttes Park placing of a moratorium on recreational vehicles and manufactured homes within the city limits. Councilmember Self: extraterritorial jurisdiction and what options are available to the City housing group update Councilmember Silvas: water consumption update report Councilmember Farmer: update report of the billing system to look at the billing to see if we can bill in 100 gallon increments versus 1000 gallons increments street sign issues be checked on in all parts of town Councilmember Vardeman: Resolution for ASU to be able to drive their golf carts on City streets conducting an evening meeting of the City Council once per quarter ADJOURNMENT Motion, to adjourn, was made by Councilmember Silvas and seconded by Councilmember Vardeman. Motion carried unanimously. The meeting adjourned at 6:05 P.M. THE CITY OF SAN ANGELO ___________________________________ Dwain Morrison, Mayor ATTEST: _______________________________ Alicia Ramirez, City Clerk In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council meetings may be obtained from the City Clerks 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.) 17. City of San Angelo Memo Date: July 17, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Water Utilities Director Subject: Agenda Item for August 6, 2013 Council Meeting Contact: Ricky Dickson, Water Utilities Director, 657-4209 Caption: Consideration of awarding bid WU-09-13 for the 2013 Belt Filter Press Replacement Project to Alfa Laval Ashbrook Simon-Hartley, Inc. of Houston, Texas for $909,239.00 and authorizing the City Manager or his designee to execute contract documents. Summary: Bids have been received from four (4) contractors for the replacement and installation of three (3) Belt Filter Presses for the Water Reclamation Facility. The four (4) contractors were Alfa Laval Ashbrook Simon-Hartley, Inc., Dowtech Specialty Contractors, Inc., Purcell Contracting, Ltd., and Texas Water & Soil Co., Inc. Low bid for the project was submitted by Alfa Laval Ashbrook Simon-Hartley, Inc. in the amount of $909,239.00 and the bid had no exceptions to the specifications. History: This project is to replace three belt filter presses that were installed during the 1992 Sludge Handling Facilities Improvements. The existing belt filter presses have reached their operational lifespan of approximately 20 years of service. The belt filter presses are the last step in the process of removing water from the sludge before the sludge is taken to the composting facility. Financial Impact: Bid amount $909,239.00 funded by the Capital Improvements Program. Related Vision Item (if applicable): None Other Information/Recommendation: It is recommended the bid be accepted from Alfa Laval Ashbrook Simon-Hartley, Inc. and the City Manager, Water Utilities Director or City Manager Designee be authorized to negotiate and execute a contract and any related documents. Attachments: Bid Tabulation Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, July 17, 2013. 18. Y:13-RFXWater UtilitiesWU0913 Belt Filter PressesBid Tab-Belt Filter Press-Final C I T Y O F S A N A N G E L O BID TABULATION * RFB NO: WU-09-13 * July 11, 2013 Belt Filter Press Item Description Est Qty Unit Cost Extended Cost Unit Cost Extended Cost Unit Cost Extended Cost Unit Cost Extended Cost 1 2.0< Belt Filter Press 3 212,933.00$ 638,799.00$ 292,000.00$ 876,000.00$ 260,000.00$ 780,000.00$ 780,000.00$ 791,700.00$ 2 Deconstruction & Assembly of Belt Filter Press 3 73,480.00 220,440.00$ 51,000.00 153,000.00$ 78,000.00 234,000.00$ 234,000.00 132,000.00$ 3 Contingency 1 50,000.00 50,000.00$ 50,000.00 50,000.00$ 50,000.00 50,000.00$ 50,000.00 50,000.00$ 909,239.00$ 1,079,000.00$ 1,064,000.00$ 973,700.00$ Bid Bond: Yes Yes Yes Yes Bids Mailed To: ANDRTIZ Separation Inc. Arlington TX Ashbrook Simon-Hartley Houston TX Dowtech Specialty Contractors Baird TX Environmental Improvements, Inc. Buda TX Hartwell Environmental Corporation Arlington TX Purcell Contracting, LTD Meridian TX Alpha Laval Ashbrook Dowtech Texas Water & SoilPurcell Grand Total 19. GMS APPLICATION NUMBER _2013-H5674-TX-DJ CITY SECRETARY CONTRACT NO. _______ THE STATE OF TEXAS KNOW ALL BY THESE PRESENT COUNTY OF TOM GREEN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN ANGELO, TEXAS AND COUNTY OF TOM GREEN, TEXAS 2013 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD LOCAL SOLICITATION This Agreement is made and entered into this____day of________, 2013, by and between The COUNTY of TOM GREEN, acting by and through its governing body, the Commissioners Court, hereinafter referred to as COUNTY, and the CITY of SAN ANGELO, acting by and through its governing body, the City Council, hereinafter referred to as CITY, both of TOM GREEN County, State of TEXAS, witnesseth: WHEREAS, this Agreement is made under the authority of Chapter 791 of the Government Code: and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and WHEREAS, the CITY agrees to provide the COUNTY $6,284 from the JAG award for Radar program: and WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of $6,284 of JAG funds. Section 2. COUNTY agrees to use $6,284 for the Radar program until September 30, 2014. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Texas Tort Claims Act. Page 1 of 2 20. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. CITY OF SAN ANGELO, TEXAS COUNTY OF TOM GREEN, TEXAS ___________________________________ ____________________________________ City Manager County Judge Daniel Valenzuela Mike Brown ATTEST: APPROVED AS TO FORM: ___________________________________ ____________________________________ City Clerk Assistant District Attorney Alicia Ramirez APPROVED AS TO FORM: APPROVED AS TO CONTENT: ___________________________________ ____________________________________ City Attorney Police Chief Lysia H. Bowling Tim Vasquez *By law, the District Attorneys Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contracts or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s). Page 2 of 2 21. City of San Angelo Memo Date: July 23, 2013 To: Mayor and Councilmembers From: Lysia H. Bowling, City Attorney Subject: Consent Item for August 6, 2013 Council Meeting Contact: Lysia H. Bowling, City Attorney, 657-4407 Caption: Consent Item Consideration of authorizing the Mayor to sign a Resolution affirming the City of San Angelos cooperation with the Steering Committee of Cities served by AEP TNC to review AEP Texas North Companys requested approval of an adjustment to its Energy Efficiency Cost Recovery Factor, hiring legal and consulting services to negotiate with the Company and direct any necessary litigation and appeals, finding that the meeting at which this Resolution passed is open to the public as required by law; requiring notice of this Resolution to legal counsel. Summary: AEP Texas North Company (TNC or Company) filed an application on or about May 31, 2013 with the Public Utility Commission of Texas (PUC or Commission), seeking to adjust its 2014 Energy Efficiency Cost Recovery Factor (EECRF). Pursuant to Commission rules, TNC is required to annually apply no later than June 1 of every year to adjust its EECRF in order to reflect changes in program costs and bonuses and to minimize any over- or under-collection of energy efficiency costs resulting from the use of the EECRF. The resolution authorizes the City to join with the Steering Committee of Cities Served by AEP TNC (Steering Committee) to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy, including settlement, to pursue. History: Last year in Docket No. 40358, the Commission authorized TNC to adjust its 2013 EECRF to recover $1,536,939. In this filing, TNC is seeking to adjust its EECRF to collect $1,170,072 for five components: (1) $1,411,326 in energy efficiency program costs projected to be incurred in 2014; (2) a credit of $212,463 for over-recovery of energy efficiency revenues for its 2012 programs; (3) a credit of $133,604 reflecting the November 26, 2012 revision to the April 2012 Energy Efficiency Plan and Report filed in Project No. 40194; (4) $100,100 for projected evaluation, measurement and verification (EM&V) costs for 2013 and 2014; and (5) $4,713 for 2012 EECRF proceeding expenses incurred in Docket No. 40358. Financial Impact: Necessary costs associated with pursuing the matter should the costs not be reimbursed by the utility Related Vision Item (if applicable): Financial, Commercial and Industrial Vision is implicated. Other Information/Recommendation: Staff recommends approval. Attachments: Resolution. Presentation: None. Publication: None. Reviewed by Service Area Director: Lysia H. Bowling, City Attorney, July 23, 2013. 22. 3751383.1 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, (CITY) APPROVING COOPERATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY AEP TNC TO REVIEW AEP TEXAS NORTH COMPANYS REQUESTED APPROVAL OF AN ADJUSTMENT TO ITS ENERGY EFFICIENCY COST RECOVERY FACTOR; HIRING LEGAL AND CONSULTING SERVICES TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO LEGAL COUNSEL. WHEREAS, on or about May 31, 2013, AEP Texas North Company (TNC or Company), pursuant to the Public Utility Regulatory Act (PURA) 39.905 and Public Utility Commission of Texas (Commission or PUC) Substantive Rule 25.181(f), filed with the Commission an application for a 2014 Energy Efficiency Cost Recovery Factor (EECRF), PUC Docket No. 41539; and WHEREAS, the City of San Angelo, Texas will cooperate with similarly situated city members and other city participants located within the TNC service area in conducting a review of the Companys application and to hire and direct legal counsel and consultants and to prepare a common response and to negotiate with the Company and direct any necessary litigation; and WHEREAS, working with the Steering Committee of Cities Served by AEP TNC (Steering Committee) to review the rates charged by TNC allows members to accomplish more collectively than each city could do acting alone; and WHEREAS, the Steering Committee has a history of participation in PUC dockets and projects, as well as court proceedings, affecting transmission and distribution utility rates in TNCs service area to protect the interests of municipalities and electric customers residing within municipal boundaries; and WHEREAS, PURA 33.023 provides that costs incurred by cities in ratemaking activities are to be reimbursed by the regulated utility. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS: 1. That the City is authorized to participate in the Steering Committee in PUC Docket No. 41539. 2. That subject to the right to terminate employment at any time, the City of San Angelo, Texas hereby authorizes the hiring of the law firm of Lloyd Gosselink and consultants to 23. 3751383.1 2 negotiate with the Company, make recommendations to the City regarding reasonable rates, and to direct any necessary administrative proceedings or court litigation associated with an appeal of this application filed with the PUC. 3. That the Citys reasonable rate case expenses shall be reimbursed by TNC. 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. 5. A copy of this Resolution shall be sent to Chris Brewster, Counsel to the Steering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. PASSED AND APPROVED this the __________ day of _________________________, 2013. CITY OF SAN ANGELO, TEXAS ATTEST: Dwain Morrison, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: Daniel Valenzuela, City Manager Lysia H. Bowling, City Attorney 24. City of San Angelo Memo Date: August 2, 2013 To: Mayor and Council members From: Rick Weise, Assistant City Manager Subject: Agenda Item for August 6, 2013 Council Meeting Contact: Cindy Preas, Real Estate Administrator (657-4407) Caption: Consent Item CONSIDERATION OF ADOPTING A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT ON BEHALF OF THE CITY WITH TODD HOUSTON WILLIAMS FOR THE PURCHASE OF CERTAIN REAL PROPERTY, BEING NINE ACRES MORE OR LESS, LOCATED SOUTH OF 29TH STREET AND ON THE CONCHO RIVER, WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS, ALLOCATING CLOSING AND RELATED COSTS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH RELATED DOCUMENTS AS MAY BE NECESSARY OR CONVENIENT TO COMPLETE THE PURCHASE FOR A TOTAL PRICE, INCLUDING COSTS, NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000.00) Summary: Staff seeks Council approval to finalize the procurement of nine acres more or less, located South of 29th Street and on the Concho River. History: The City has been interested in this property for a number of years. With the acquisition of this property, the City will complete ownership of Concho River frontage from 19th Street to 29th Street. Financial Impact: Funding Source: Concho River Project Purchase Price and all related closing costs not to exceed $50,000 Related Vision Item (if applicable): Concho River Project Other Information/ Recommendation: Staff recommends authorizing the City Manager, to execute any necessary related documents for the acquisition nine acres more or less, which representatives of the City have successfully negotiated a sales price. Attachments: Resolution, Including Exhibit A Map Presentation: None Publication: NA Reviewed by Director: 25. EXHIBIT A Being 9.000 acres of land out of F.E. Cramer Survey No. 318, Tom Green County, Texas, and also being out of that 20.93 acre tract conveyed to Marvin C. Hanz by Douglas A. Williams by Deed Dated July 15, 1966 and Recorded in Vol. At Page of the Deed Records of Tom Green County, Texas, said 9.000 acre tract being described by metes and bounds as follows: Beginning at a point on the East bank of the North Concho River and in the West line of said Survey 318 and said 20.93 acre tract, 260.47 feet N. 162110E. from their common S.W. corner in the East bank of said North Concho River; Thence with the West line of said Survey 318 and of said 20.93 acre tract and up the East bank of said North Concho River with its meanders N.162110E. 49.55 feet; N.27 37 10E. 176.90 feet and N.34 46 10E. 615.60 feet to the N.W. corner of said 20.93 acre tract and of this; Thence N. 6029 10E. 585.50 feet to a iron pipe set for the N.W. Corner of that 6.000 acre tract conveyed to KTEO by Marvin C. Hanz by Deed dated and Recorded in Vol. At Page of the Deed Records Tom Green County, Texas: Thence S. 2936 34 E. with the West line of said 6.000 acre tract, 397.64 feet to the S. E. corner of this; Thence S. 6029 10W. parallel to the North line of this and of said 20.93 acre tract, 1323.78 feet to the place of beginning, containing 9.000 acres of land. 26. 13-001 - Todd Williams Property - 9.0710 acres County Address Points Pending County Addresses Retired County Addresses Parcels May 3, 2013 0 0.15 0.30.075 mi 0 0.25 0.50.125 km 1:10,796 27. A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SAN ANGELO, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT ON BEHALF OF THE CITY WITH TODD HOUSTON WILLIAMS FOR THE PURCHASE OF CERTAIN REAL PROPERTY, BEING NINE ACRES MORE OR LESS, LOCATED SOUTH OF 29TH STREET AND ON THE CONCHO RIVER, WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS, ALLOCATING CLOSING AND RELATED COSTS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH RELATED DOCUMENTS AS MAY BE NECESSARY OR CONVENIENT TO COMPLETE THE PURCHASE FOR A TOTAL PRICE, INCLUDING COSTS, NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000.00). WHEREAS, the City of San Angelo owns real property within the corporate limits of the City and fronting on the Concho River between 19th Street and 29th Street; and, WHEREAS, the subject parcel of real property, nine acres more or less, as described on Exhibit A attached to this resolution, is located on the Concho River south of 29th Street, and its acquisition will complete the Citys ownership of river frontage property from 19th Street to 29th Street; and, WHEREAS, acquisition of the subject real property by the City of San Angelo will serve a public purpose to promote the beneficial and appropriate development of land within the City along the banks of the Concho River; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The City Manager is hereby authorized to enter into a contract on behalf of the City with Todd Houston Williams for the purchase of certain real property being nine acres more or less, located south of 29th Street and on the Concho River, within the corporate limits of the City of San Angelo, Tom Green County, Texas, as more particularly described on Exhibit A attached to this resolution, allocating closing and related costs, and to execute such related documents as may be necessary or convenient to complete the purchase for a total price, including costs, not to exceed Fifty Thousand Dollars ($50,000.00). PASSED and APPROVED THIS DAY OF , 2013. CITY OF SAN ANGELO, TEXAS ATTEST: Dwain Morrison, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Rick Weise, Assistant City Manager Lysia H. Bowling, City Attorney 28. A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SAN ANGELO, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT ON BEHALF OF THE CITY WITH TODD HOUSTON WILLIAMS FOR THE PURCHASE OF CERTAIN REAL PROPERTY, BEING NINE ACRES MORE OR LESS, LOCATED SOUTH OF 29TH STREET AND ON THE CONCHO RIVER, WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS, ALLOCATING CLOSING AND RELATED COSTS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH RELATED DOCUMENTS AS MAY BE NECESSARY OR CONVENIENT TO COMPLETE THE PURCHASE FOR A TOTAL PRICE, INCLUDING COSTS, NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000.00). WHEREAS, the City of San Angelo owns real property within the corporate limits of the City and fronting on the Concho River between 19th Street and 29th Street; and, WHEREAS, the subject parcel of real property, nine acres more or less, as described on Exhibit A attached to this resolution, is located on the Concho River south of 29th Street, and its acquisition will complete the Citys ownership of river frontage property from 19th Street to 29th Street; and, WHEREAS, acquisition of the subject real property by the City of San Angelo will serve a public purpose to promote the beneficial and appropriate development of land within the City along the banks of the Concho River; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The City Manager is hereby authorized to enter into a contract on behalf of the City with Todd Houston Williams for the purchase of certain real property being nine acres more or less, located south of 29th Street and on the Concho River, within the corporate limits of the City of San Angelo, Tom Green County, Texas, as more particularly described on Exhibit A attached to this resolution, allocating closing and related costs, and to execute such related documents as may be necessary or convenient to complete the purchase for a total price, including costs, not to exceed Fifty Thousand Dollars ($50,000.00). PASSED and APPROVED THIS DAY OF , 2013. CITY OF SAN ANGELO, TEXAS ATTEST: Dwain Morrison, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Rick Weise, Assistant City Manager Lysia H. Bowling, City Attorney 29. City of San Angelo Memo Meeting Date: July 16, 2013 To: City Council members From: Kevin Boyd, Planner Subject: Z13-20: David Jensen: a request for a zone change from Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to Single-family Residential (RS-1) to allow for single-family detached homes, on the following property: Location: 1650 Iowa Avenue, 1649 and 1650 Nebraska Avenue, located at the east corner lots at the intersections of Nevada Drive and Iowa Avenue and Nevada Drive and Nebraska Avenue, more specifically occupying the Capitol Heights Addition, Section 5, Block 6, Lot 42 and Block 11, Lot 1 and 26, in southwest San Angelo. Purpose: Approval or modification of this request would be forwarded to City Council for a final decision on the matter Contacts: David Jensen, Owner 325-234-8544 Kevin Boyd, Planner 325-657-4210 Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit A (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z13-20: David Jenson AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT A OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT A OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 1650 Iowa Avenue, 1649 and 1650 Nebraska Avenue, located at the east corner lots at the intersections of Nevada Drive and Iowa Avenue and Nevada Drive and Nebraska Avenue. This property specifically occupies the Capitol Heights Addition, Section 5, Block 6, Lot 42 30. 2 and Block 11, Lot 1 and Lot 26, in southwest San Angelo, changing the zoning classification from Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Summary: The City Council may: (1) Approve the proposed zone change as requested; or (2) Modify the application to some alternative zoning classification believed to be more appropriate; or (3) Deny the proposed zone change, altogether. Recommendation: Planning staff recommends approving the proposed zone change request from Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to Single-Family Residential (RS-1). On June 17, 2013, Planning Commission recommended approval of the requested zone change by a 6-0 vote. History and Background: The properties in question include Lots 1, 26 and 42 of the Capitol Heights Addition, Section Five. Back in November 2007, 39 of the 76 lots in the newly created subdivision were zoned from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to allow for the construction of townhomes. Over the past few years, development has only occurred along Iowa Avenue, the southernmost street in the subdivision the remainder of the area is undeveloped. General Information Existing Zoning: Zero Lot Line, Twinhome & Townhome (RS-3) Existing Land Use: Vacant, undeveloped tract Surrounding Zoning/Land Use: 31. 3 North: Zero Lot Line, Twinhome & Townhome (RS-3) Vacant residential lots West: Single-Family Residential (RS-1) Single-family detached homes and vacant residential lots South: Zero Lot Line, Twinhome & Townhome (RS-3) Single-family detached homes and vacant residential lots East: Zero Lot Line, Twinhome & Townhome (RS-3) Single-family detached homes and vacant residential lots Thoroughfares/Streets: Nevada Drive, Iowa Avenue, Florida Avenue and Nebraska Avenue are identified as a local streets, designed to carry light neighborhood traffic at low speeds. Zoning History: The property was annexed within the city-limits around 1975. Back in 1987, the property was zoned Single- Family Residential (RS-1). The area was rezoned to RS-3 on November 20, 2007. Applicable Regulations: Allowed uses for this property can be found in Section 310 (Use Table) of the Zoning Ordinance. Development Standards: Residential development setbacks are outlined in Section 501 of the Zoning Ordinance. All required off-street parking and the connection(s) to a public right-of-way are required to be paved. Vision Plan Map: Neighborhood Related Comp Plan Excerpts: Promote better transition between nearby commercial and residential use of land and buildings. "Require a buffer separating commercial, industrial, or agricultural zoned lands from neighborhoods." "Promote neighborhood diversity and security by encouraging a mix of age, income, and housing choices within San Angelo's neighborhoods." 32. 4 "...encourage appropriate and supportive infill development at Neighborhood Centers." "Promote a mix of various uses...to encourage the necessary infill...for Neighborhood Centers." "Establish transition areas to better "scale- down" intensity of use from commercial centers to neighborhoods." "...this [access to Neighborhood Centers] is best achieved through clustered commercial centers, but also through increased access and connectivity between the neighborhoods and their associated Neighborhood Centers." "...slowly reorganize commercial corridors into clusters..." "Create new physical connections to neighborhoods lined with transitional and intermediate uses." "Variety of residential product types - multi-family, townhomes, courtyard homes, patio homes, etc." Special Information Traffic Concerns: Changing the zoning to a less intensive residential district is likely to generate less traffic than if the property remained zoned as-is. Parking Requirements: Dwelling units require a minimum of 2 parking spaces, per Section 511.B of the Zoning Ordinance. Parking Provided: No parking exists as the tract remains vacant and undeveloped. Density: Surrounding uses are predominately characterized as low density residential development. The Vision Plan calls for 33. 5 'Neighborhood' type development for the site in question. Notification Required: Yes Notifications Sent: 10 Responses in Favor: 0 Responses in Opposition: 0 Analysis: In order to approve this zone change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council. 2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance. 3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land. 4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment. 5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment. 6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need. 7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community. The staff recommendation is based upon the statements listed below. 34. 6 Staff recommends approval of this request based on the information outlined below. A zone change from Zero Lot Line, Twinhome and Townhouse (RS-3) to Single-Family Residential (RS-1) is consistent with citys plans and polices. The Vision Plan envisions Neighborhood development in the area, which is compatible with RS-1, RS-2, RS-3, RM-1, RM-2, MHP and MHS zoning. Conventional single-family detached and zero lot line housing exists on the block. This request seeks to effectively lower the intensity of properties from its current zoning to a less intensive and less densely developed, RS-1 zoning. A zone change to RS-1 inherently creates more open space, through land development standards of the minimum setback and lot size requirements. Such a change is more appropriate for the particular lots in question and as referenced below, will result in orderly and logical development. The request is consistent with aspects of the Zoning Ordinance. The proponents initiated the zone change with the desire to construct single-family detached housing on the corner lots along Nevada Drive. The current zoning does not allow for the construction of single-family detached housing single-family detached housing is permitted in R&E, RS-1, RS-2, RM-1 and MHS districts (Sections 310 and 311, Zoning Ordinance). Staff finds that RS-1 is most appropriate zoning in giving our recommendation the properties do not meet the minimum lot size for R&E zoning, which is an acre. R&E, RM-1 and MHS zoning are not compatible with aspects of the surrounding area which reflects an emerging subdivision community, with compacted single-family detached and zero lot line housing. RS-2 is not the best use of the property, for reasons outlined further in the report. Some uses that include religious Institutions, safety services, schools are allowed in a RS-1 zone with approval through the conditional use process. The subject properties exceed the minimum lot area and dimensions for the proposed zoning (5,000 sq. ft. and 50 x 100), refer to Section 501, of the Zoning Ordinance. The lots are similar size and measure roughly 50 x 115 (approximately 5,750 sq. ft.), please refer to the attached plat. Although the properties in question are currently zoned RS-3 a medium intensity residential district majority of the properties in the generalized area are zoned RS-1. In a similar manner, the general pattern of land development is single-family detached housing. The Capital Heights Addition is comprised of five sections Section 5, the northernmost addition, is one of the exceptions in that majority of the properties is a zoning other than RS-1, RS-3 (39 of the 76 lots are zoned RS-3). This RS-3 zoned area is bounded by Iowa Avenue (to the south), Nevada Drive (to the west) and Florida Avenue (along portions to the east). The subject properties are currently undeveloped, open lots. Lots immediately to the north, west and east of the properties also remain undeveloped at this time. This request represents changed conditions to the Ordinance. The current RS-3 zoning does not allow for single-family detached housing. A change to RS-1 provides opportunities for single-family detached housing, but restricts development of any other residential housing type. This request is consistent with aspects of the Comprehensive 35. 7 Plan, as the Vision Plan envisions the area to remain residential in nature no amendments to the Plan will be needed with approval of this request. The proposed zoning will continue to create a more continuous RS-1 zone that is appropriate, given the nature of the area. Staff expects that the proposed zone change will have minimal negative impacts on the natural environment. Currently the land cover of the lots varies from with grassy to dirt spots to small brush and low vegetation. Less than half the Capital Heights Addition, Section Five approved in 2007 has been completed. As the area fully develops, more and more open land will be converted to residential development. Although the properties are situated nearly 500 feet from the nearest flood zone, the area question has had some storm water and drainage issues in the past. The current zoning allows for the construction of zero lot line homes, twin homes and townhouses. While zero lot line homes, allowed in RS-3 zones, generally have a smaller buildable footprint than conventional single-family homes, development is more compacted with smaller lots and more dwellings also the floor area ratio (FAR) or amount of buildable space in RS-3 zones are actually greater than that of RS-1 zones (60 percent and 40 percent, respectively). Rezoning the area back to RS-1 reduces the allowable buildable space which will minimize potential impacts of drainage in the area. An internal site review conducted by city staff will ensure that any approved project addresses storm water issues and its potential effects on neighboring properties. The requested zoning represents a community need. Single-family detached housing is ideal for the site in question, twin homes and townhomes are more suitable for narrow lots, like the lots to the west of the property. RS-1 zoning allows for more reserved open space with a reduced FAR or floor area ratio of the 60 percent and greater setbacks - this lessens the likelihood of nuisances from adjacent properties and land development may be more aesthetically appealing given the more restrictive spacing requirements. The subject properties are quite distant from major roadways - the southernmost property, Lot 26, measures roughly 1,900 feet north of the Sunset Drive (the nearest major access point, identified as a collector street in the city's Thoroughfare Plan). Future plans seek to extend Dakota Drive to connect with YMCA Drive, to enhance connectivity in the area but it is important to note that, as of yet, there have not been any proposals submitted to connect the streets. The lots in question are slightly larger than the RS-3 zoned lots which many measure between 40' x 115' and 45' x 115'. The properties immediately across the street to the west, along Nevada Drive, are zoned RS-1 continuing the zoning directly across the street represents logical development and will provide land development opportunities that will develop the site in way similar to what already exists. This change, in effect, will create a 'mirror effect' or continuity of land uses along the street. While RS-2 allows for single-family detached housing it also allows for twin homes and two household units on a single property, which may create a disruptive transition and one that is visually stark and unappealing. The 36. 8 change to RS-1 is the most suitable zoning and provides a nice transition to the more intensive RS-3 zoning of the smaller lots to the west. Proposed Conditions N/A Attachments: Excerpt from zoning map, showing the general location within the City of San Angelo; Excerpt from zoning map, highlighting subject property; Aerial photo, highlighting subject property; Excerpt from the comprehensive plan vision map highlighting the subject property; Excerpt of the favor/opposition notification map; Final Plat of the Capital Heights Addition, Section Five, approved by Planning Commission in November 2007; Draft minutes from 06/17/13 Planning Commission Meeting; and Draft Ordinance. Presentation: Kevin Boyd, Planner Reviewed by: Jeff Hintz, Interim Senior Planner (06/10/13 ) 37. 14 38. IV. Requests for Zone Change. [Planning Commission makes recommendation; City Council has final authority for approval.] A. Z 13-20: David Jensen A request for a zone change from Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to Single-family Residential (RS-1) to allow for single-family detached homes, on the following property: 1650 Iowa Avenue, 1649 and 1650 Nebraska Avenue, located at the east corner lots at the intersections of Nevada Drive and Iowa Avenue and Nevada Drive and Nebraska Avenue, more specifically occupying the Capitol Heights Addition, Section 5, Block 6, Lot 42 and Block 11, Lot 1 and 26, in south central San Angelo. Kevin Boyd, Planner came forward to present the case consistent with staff's recommendation of approval. Ten notices were sent out for this request and none were received. Some general characteristics of the area were shared and Mr. Boyd stated that this area had developed substantially since the original aerial photo was taken and the photos taken as a result of this request at the street level had confirmed this. The criteria mandated of the request was covered by staff and it has also been found that this request will be consistent with the aspects of the Comprehensive Plan and Zoning Ordinance. By allowing this zone change, no replat of the property would be required as the lots currently meet the minimum lot size required for RS-1 zoned properties. Mr. Wynne asked about if this request would change the lot sizes. Mr. Boyd answered that only the zoning would be changed as a result of this request. No one came forward to speak in favor or in opposition of the request. Mr. Wynne stated he had no issues with the request; Darlene Jones thought this request would provide an aesthetically pleasing transition as staff had found as well. Darlene Jones made a motion to approve as presented and this was seconded by Valerie Priess. The motion passed 5-0. 39. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT A OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT A OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 1650 Iowa Avenue, 1649 and 1650 Nebraska Avenue, located at the east corner lots at the intersections of Nevada Drive and Iowa Avenue and Nevada Drive and Nebraska Avenue. This property specifically occupies the Capitol Heights Addition, Section 5, Block 6, Lot 42 and Block 11, Lot 1 and Lot 26, in southwest San Angelo, changing the zoning classification from Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY RE: Z 13-20: David Jensen WHEREAS, the Planning Commission for the City of San Angelo and the governing body for the City of San Angelo, in compliance with the charter and the state law with reference to zoning regulations and a zoning map, have given requisite notice by publication and otherwise, and after holding hearings and affording a full and fair hearing to all property owners and persons interested, generally, and to persons situated in the affected area and in the vicinity thereof, is of the opinion that zoning changes should be made as set out herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enacted by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 1650 Iowa Avenue, 1649 and 1650 Nebraska Avenue, located at the east corner lots at the intersections of Nevada Drive and Iowa Avenue and Nevada Drive and Nebraska Avenue. This property specifically occupies the Capitol Heights Addition, Section 5, Block 6, Lot 42 and Block 11, Lot 1 and Lot 26, in southwest San Angelo, shall henceforth be permanently zoned as follows: Single-Family Residential (RS-1) District. The Director of Planning is hereby directed to correct zoning district maps in the office of the Director of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the hereinabove described property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended. 40. SECTION 3: That the following severability clause is adopted with this amendment: SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance. SECTION 4: That the following penalty clause is adopted with this amendment: PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense. INTRODUCED on the 16th day of July, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 6th day of August, 2013. THE CITY OF SAN ANGELO ____________________________________ Dwain Morrison, Mayor ATTEST: ________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney 41. City of San Angelo Memo Meeting Date: July 16, 2013 To: City Council members From: Roxanne Johnston, Planner Subject: Z13-21: Clark Wilson, a request of a zone change from a combination of General Commercial/Heavy Commercial (CG/CH) and Single-Family Residential (RS-1) to General Commercial (CG) to allow for self-service storage as defined in Section 315.H. of the Zoning Ordinance on the following properties: Locati