San Angelo City Council 1-9-18

[0:00:00] am i on okay could I have everybody please sit down we will call this meeting to order at 8:30 6:00 a.m. on Tuesday January the 9th happy New Year to everybody we hope your new year has started out fabulous and we welcome you to the City Council meeting today we will start with our prayer and pledge as usual may I please ask William Leonhardt to come forward please he is the pastor at Sovereign Grace Baptist and he's going to lead us in prayer this morning let's go the Lord in prayer holy father God of mercy we ask that you look with compassion upon this day's proceedings and grant that our city would enjoy civil peace we cherish our right to publicly express disappointment and disagreement but grant grace to those who do so always to speak with reverence and reason remove from all our hearts hatred suspicion fear and Prejudice help us to explain the actions of our neighbor in the kindest way and as salt and light in this city use your church to be an agent of peace peaceful and reasoned discourse in this new year we pray that you would grant us unity as a city delighting in the rule of law and

[0:02:04] not of man drive far from us the spirit of sedition and rebellion and help all our citizens to honor our governing officials whether in this Hall in our courts or in our streets on patrol grant that we would walk in D reverence for them as our divinely appointed magistrates and that we would be in that we they would be granted hearts of mercy and respect toward those whom they serve help us ever to pray for them and to hold them accountable as servants of the common good appointed by you to their posts for the punishment of evil and the promoting of good we bring all of these requests in the name of Christ Jesus who taught us to render to Caesar the things that are Caesar's and to God the things that are gods and whose love embraces all without distinction and calls all to be your subjects amen and he brought his daughter today whose name is Nora and she's gonna come forward you want to come forward she's gonna lead us in the pledge --is today okay so if we want to turn around one nation [Applause] today our first proclamation recognition

[0:04:12] will go to the city of San Angelo and Becky done Becky are you here today please come forward fine Angeles City employees serve the community when they're on the clock that's their job but their service rarely ends there the most recent example of this is a response by city employees to the Salvation Army's Angel Tree program the Angel Tree program seeks to provide a Merry Christmas to underprivileged children on our community in addition to request for a few fun items such as Barbie dolls and footballs the children's families provide their sizes for clothing and shoes donors provide for those needs which include basics such as socks underwear winter coats pajamas and shirts and pants they also fulfill request for toys and sporting goods this year city employees sponsored 75 Angel Tree children ensuring that Christmas morning is merry and bright for San Angelo youngsters who otherwise might have received nothing in addition one generous city employee contributed three large sacks of individual toys along with $450 for the Salvation Army to purchase more to distribute to children as has been the cause for a few years now the city effort has been spearheaded and organized by Becky Dunn the Executive Office Coordinator in the city manager's office Becky diligently works to ensure every child has a sponsor and that their gifts are bundled together and delivered to the Salvation Army therefore I Brenda Gunter mayor the city of San Angelo on behalf of the city council do hereby recognize and applaud city of San Angelo employees and becky nunn for their achievement and positive determination to make a difference in our community I just like to say that for the fast

[0:06:21] past five years I've enjoyed coordinating this event but if it wasn't for the city of San Angelo employees it wouldn't be possible we give back to the community in many ways anywhere from MDA field a bhoot United Way concho Christmas tour neighborhood blitz so I'm excited to see what the next year will hold for us [Applause] we have Christine Russell here today as well our city employees are a generous lot although none of our public servants are wealthy they give what they can whenever a need arises there's no better illustration of that than their gifts to the United Way of the concho Valley city employees in 2018 will contribute more than a hundred and four thousand dollars to the United Way the conch-shell Valley and the eighteen local nonprofit programs it supports that's the second highest amount ever contributed by city employees and only the fourth time the city has eclipsed one hundred thousand dollars in giving those dollars will do much good in San Angelo they will help treat recovering addicts they will nourish the hungry they will protect children who have been abused and neglected they will shelter the homeless and victims of domestic violence and they will assist working families an elderly homeowners struggling to make ends meet much of the

[0:08:25] credit for the success of the city's campaign goes to Christine Russell Christine is the benefits representative in our human resources department and this past year she served as a city's United Way loaned executive working tirelessly and enthusiastically to ensure our neighbors in need get the help they need to regain their footing on a path toward self-sufficiency and a life of dignity the city's contributions to this year's United Way campaign top christine stated goal of raising 15% more than last year therefore i brenda gunther mayor of the city of san angelo on behalf of the city council do hereby recognize and applaud city of san angelo employees and christine russell for their achievement and positive determination to make a difference in our community [Applause] on behalf of the United Way of the concho Valley we are so proud of Christine Russell when we two wanted to give her certificate of achievement today Christine has we have the privilege of working with Christine this year as a loaned executive and she just did a phenomenal outstanding job of conducting and organizing and really encouraging city employees to give this year to the United Way so she was a direct impact to our campaign and we are so appreciative of her efforts and I'm so excited to report that we retaliate one more time last night and she not only met her goal of 15 percent but surpassed it by fifteen point one percent so we are so proud of this girl thank you [Applause] is Gillian McKenzie here that today

[0:10:43] the city of San Angelo is losing a public servant of boundless heart humility and dedication not to mention a charming Scottish accent On January the 11th Gillian McKenzie retires as manager the city's women infant and children nutrition nutrition program she will do so with 20 years of service to WIC during which she a beliefs herb tens of thousands of young mothers and their babies in San Angelo and six surrounding counties Gillian joined WIC in the city of dis and the city on December 8th 1997 as a data entry clerk she remembers how excited she was to be working for the city and how her boss worried that clients may be confounded by her Scottish lilt Gillian assured she would speak slowly if she sensed a client was having difficulty understanding her the rest Gillian says is history she worked only four months as a data entry clerk before she was promoted to administrative assistant that job was later elevated to Administrative Coordinator after 16 years was WIC Gillian was appointed its interim manager and later hired as the WIC manager on August 11th 2014 she remembers the role has been an exciting challenge she was eager to accept of her city career Gillian said this I can honestly say has never been a pleasure and an honor to serve as WIC manager to take care of our participants in the community and to have such a wonderful and caring staff at work therefore I Brenda Gunther mayor the city of San Angelo on behalf the city council do hereby recognize and applaud WIC manager Gillian McKenzie I just like to thank the mayor I just like to thank the mayor the City Council city management Bob Salas and Morgan for this opportunity I've really loved my

[0:12:48] job this last 20 years and it's with mixed emotion that I am going but I just feel pride of this achievement and I wouldn't have happened if it wasn't for all those other city staff and I do take privilege and serve in our clients and I know that I'll be sorry to go and I've just loved it so thank you very much everybody [Applause] in our last proclamation today is going towards school board recognition month so let's see who do we have here from the school board Lenny Lenny I think I know you're here but I think there's some other school board our school administrators here that would be wonderful to come forward as well thank you mission of public schools is to meet the diverse educational needs of all children and to empower them to become competent productive contributors to a democratic society and an ever-changing world local school board members are committed to children and believe all children can be successful lifelong learners and that the best education is tailored to the individual needs of each child local school board members work closely with parents educational professionals and other community members to create the educational vision we want for our students local school board members are responsible for ensuring the structure that provides a solid foundation for our school system local school board members are strong advocates for public education and are responsible for communicating the needs of the school district to the public and

[0:14:51] the public's expectations to the district therefore I Brenda Gunter mayor the city of San Angelo on behalf of the City Council declare our appreciation to the members of the San Angelo Independent School Board and proclaim the month of January 2018 as school board recognition month in San Angelo Texas and urge all citizens to join us in recognizing the dedication and hard work of local school board members and in working with them to mold an education system that meets the needs of both today's and tomorrow's children thank you ma'am we certainly appreciate counsels recognition on behalf of about 14,500 students and about 2,000 members of our administrative team teachers educators bus drivers school people who prepare lunches in our schools janitor's gives me a great honor to to represent our board and our school district and we appreciate this recognition now let me recognize the other members of our board team up here our vice president is max Parker secretaries Gerard Gallegos he's not here this morning build endows our treasurer art Hernandez is one of our board trustees ami myself Flint has to put up with all of us guys so we really appreciate our dr. Tiger Kingman's our newest board member so I thank you all again for this recognition we do have a number of members of our administrative team just like I know counseling and the mayor we couldn't do our job without incredibly competent people in those roles so if y'all wouldn't mind standing up I would appreciate y'all doing that for me [Applause] before we move on I think the mayor

[0:17:52] missed the proclamation today is the nearest birthday happy birthday and we have cake and punch back there for anybody that wants to enjoy it before y'all leave 27 right on the agenda may be raised by the public at this time citizens should speak from the podium begin by stating their name and limit remarks to less than 3 minutes council members may request that a discussed item be placed on a future agenda the council takes public comment on all regular agenda items during the discussion of those items and may I also ask that anyone who has a cell phone please put it on silent I should check mine too I'm sure all right any public comment today morning mayor good morning council ray growth this general manager from Republic Services I just wanted to come today to make a formal announcement where I have all y'all in one place so Robert Searles who's been with us 18 years and six days as formally retiring at the end of April so we've made a selection internally Joe Spano I'm sure all of y'all know Joe Spano we're very excited about what he's bringing to the table over the next four months he and Robert will work through a successful transition but at the moment you have two people at your full discretion so I just want to make that formal announcements any further public comment please good morning council mr.

[0:20:03] Venezuela I'm Kim really Holly budget coordinator and I just wanted to take this opportunity to remind everyone we are in full swing with our capital improvement plan and we are seeking public input on what our community's highest priorities are so you can of course voice your opinion at our public forum it'll be here in Council Chambers on January 18th at 6:00 p.m. that date and time again please january 18th here in council chambers at 6 p.m. and we invite all of the public to come and join us the will have the microphone set up so we'd like to listen to our community and then of course you can voice your opinion on our website at cosa TX u dot u s slash CIP input sorry it's cosa TX dot u s slash CIP input and you will there's just a short survey and we look forward to seeing all of our results thank you thank you very much further public comment yes whatever one real quick major Tim Berners elevation I mean we'll let you know that we are now in phase two the three-phase aspect of our rebuilding and all that we are doing we now enter the fun part drawing with crayons what we're going to build and figuring out what we're going to do specifically with the answer to our strategic plan which was completed and approved in our mission planning study which was completed approved we've just finished the SWOT s wot analysis of that and so with all that being done we now enter for what I do want to say it's just public certainly to you if you're not aware of this fantastic partnership that has happened between cosa Bob solace as well as the Homeless Coalition it was a Salvation Army in all the Homeless Coalition agencies that have formed this

[0:22:05] continuum of care certainly tent city exposed a lot of things pardon the pun but it certainly brought up a lot of other issues too that we needed to just come to 2017-2018 and address and so one of those many meetings that we've had over the prior year we've seen a final conclusion to that continuum of care and certainly see the the advantages of coming together all the partnerships of the agencies and I certainly wanted to applaud cosa for coming in and being a part of this this is rare many cities I have been in before come in here do not they just let others do whatever they want to do and there's no structure so now there is one and the homeless have no excuse to get assistance to get help to move forward now because of this partisans I just will say thank you thank you very much further public comment with no further public comment we will move into the consent agenda I'm gonna start with Tom do you have anything you'd like to pull from the consent agenda no ma'am nothing to pull Harry number II I have nothing to pull but like the marijuana wish everyone a Happy New Year and we shall happen is some good health lang okay with that we will take a motion to approve the consent agenda with the exception of item e approve by Lane is there a second second all in support first of all there in any public comment relative to the consent agenda with that a vote all in favor aye any opposed nay passes six zero we will move to item e consider ratifying a contract amendment with media rush works LLC for the purchase of a video recording system for city auditorium exceeding the City Council's original authorized contract

[0:24:09] amount by twenty two thousand five hundred eighty nine dollars and four cents so Anthony you want to take that on well first of all do you have any questions councilman really what I would like to do is just make sure that people understand where these funds are coming from they're not coming out of the general budget they're coming from AEG funds and well probably a lot of people in San Angelo maybe some in this room and certainly people from the in the audience so watching on SA TV really don't have it I understanding what those funds really are so if you brief explanation of that certainly as you mentioned this project will involve the use of no general fund dollars that means no sales tax dollars and no property tax dollars this project will be totally funded by what councilman Thomas referred to as our PEG fees and we receive under state law one percent of Suddenlink communications cable revenues and those revenues by law again must be spent on one thing and one thing only and those are capital improvements that result in content on our governmental access channel s a TV channel 17 and so what this project is going to do is is we're going to mount some cameras and some equipment like we have here in the convention center so that we will be able to record some of the performances in the murphy performance hall in city auditorium we're doing this with the enthusiastic endorsement of the San Angelo Performing Arts Coalition and so the way that we're doing it the instrument that we're using is our prior contract for the work that occurred here in the Convention Center we're amending that contract in order to allow for this additional expense with the same vendor purchasing the same sort of equipment as what we have here but in doing so we're going to exceed what council's initial authorization was for the prior purchase so all we're doing is seeking ratification for this contract amendment and authority to go beyond the the amount that was initially authorized for the contract that covered the work

[0:26:13] here in the convention center move to approve as presented and lucy seconds at all of any public comment on the item Steve Hampton okay you want to exceed it but you don't give any numbers what are they wonder how much are you going to exceed and what is it for the initial authorization for was for three hundred and twenty five thousand dollars we're asking to exceed that by twenty two thousand five hundred eighty nine dollars in four cents there could I add something clarification this is a changing the scope of that agreement this is not higher cost for that previous authorization this is a change in the scope he's going to equip a facility that which was not planned to be equipped in that earlier scope it's not increased costs its additional additional work okay are there any other public comments on this item if not we will take a vote all in support of the item ratifying the additional increase of twenty two thousand five hundred eighty nine dollars and four cents AI any opposed motion passes six zero at this point we will close the consent agenda and we will move into the regular agenda items and the first item is item a which is appeal of the Planning Commission's approval of a conditional use to allow for a short-term rental in the two family residential Aris two zoning district on a point three four acre property located at 305 and 309 West Avenue a John thank you John James Director of Planning and Development Services this is the what's called the concho quarters is a request for a

[0:28:17] short-term rental it was approved by the Planning Commission the Planning Commission is the final decide decision maker on conditional uses and less they're appealed and as you know in this case it has been appealed to the counsel concho quarters just so you know is one of those that was already in existence prior to the short-term rental ordinance and had been paying hotel occupancy tax both to the city and to the state they were part of the one of the group of about eight short-term rentals that were grandfathered from some of the provisions in the new ordinance this is the future land-use of this area it is close to downtown and within the downtown designated area although the zoning is actually for two family residential just a note on the two family residential zoning there's some questions that came up about a lot of the discussion with the short-term rental ordinance was that you could only have one short-term rental on a property but that discussion was related to single-family zoning districts in this case because of the rs2 zoning that would allow two units on a property and if it wasn't for a condition that the Planning Commission placed on it to short-term rental units could be placed on the property however as I just alluded to the Planning Commission based on some some of the concerns raised did place a condition that would limit it to only one short-term rental on the property so not to short-term rentals correct now that's your discretion whether or not to include that condition as I understand that the applicants intent is only to have one short-term rental there are two units on the property however one of the units would either be for for the owner to live in or to rent as a long-term rental so their proposal was only for one short-term rental this is a layout of the property you can see that it has two and a half planted Lots although in

[0:30:23] terms of our zoning ordinance as long as that's under one ownership we treat that as one lot for zoning purposes and it's planted that way well it's it's planted as three or actually two and then they own half of lot six so two and a half legal platted lots but again under the zoning ordinance we treat that as one lot because it's all under one ownership which also allows for this you see this building is built across property lines that is allowable under the zoning ordinance and so there's this existing dwelling here that would be the long-term rental and then the proposed short-term rental is the second building on the property there is also an accessory building at the back but that is not a separate dwelling unit the recommendations again the Planning Commission did approve the conditional use with six conditions staff did recommend approval staff still recommends approval and so your possible actions are either to uphold that Planning Commission approval or to reverse that and deny the short-term rental you also have the ability to approve it but also modifying any of the conditions quickly the summary of those conditions change of occupancy is required that's by ordinance already the Planning Commission did place as I mentioned that one short-term rental limit they would have to pave to additional parking spaces that's just a restatement of what's already in the ordinance no exterior evidence of the short-term rental in other words no signage maintain consistent with the zoning ordinance again that's just a restatement of they must comply with the ordinance that's in place and then no commercial outdoor storage with that I'd be happy to answer any questions so there's no issues or violations of anything that currently exists in our short-term rental policy correct not that we're aware of now once if this is approved they would have to come in and

[0:32:28] apply for that change of occupancy at that point is when they would have to submit more detailed information and we would confirm that they're in compliance with all of those standards that's the point at which we check you know the fire marshal does their inspection the building inspectors would look at things but as far as we know right now there's no violations yes Lucy would you John why is this coming before us when it's already been approved by the Planning Commission the ordinance does allow an appeal teachers so if it's approved or denied by the Planning Commission it can be appealed to the council by the applicant by someone within the notification area or any interested citizen and and so it's coming to you because it was appealed by a citizen would you like to speak please please this is in my district and I've looked at this particular residence and quite frankly this this residence is probably an upgrade to some of the other other homes in that area I certainly would move to approve just exactly what the Planning Commission made with those six stipulations is that a motion it is a motion is there a second is there public comment I get a clarification of the of the motion the motion is to deny the appeal denied appeal to uphold the Planning Commission's approval this is to support the Planning Commission's approval Randall rendell Scotty good morning Council Happy New Year I appealed this because of several issues that I found to be troublesome and they're going to be a problem going down the road so before any precedent was set I wanted to appear

[0:34:32] before you to get them straightened out I was unable to do so before the Planning Commission because they told me their scope was so narrow that I couldn't bring him up so in 180 seconds I'm going to try to give this to you what started this was I looked at 305 West Avenue a which is the structure that the applicant wants to use as an STR I went to the appraisal district and tried to look up that address it does not exist what it does show is 309 West Avenue a and then under the West Avenue a it shows that at 309 it shows two and a half Lots and that's supported by the documents that I've passed up to you that are printed out from that website for those that don't know in the Planning Commission didn't know this we need to clear this up so that all the citizens know that and getting a short-term rental it's more than just tendering the occupancy tax and following all the rules they are also going to be assessed by the appraisal district much like a commercial hotel so they need to know that that's part of the deal now because the city and the county don't necessarily have a pipeline just just now got communicated to the council I mean to the Planning Commission last meeting and then I had a private meeting prior to that with Valerie priests to bring her up to speed tell her who I had a meeting with who to talk to it if so on and so forth also I have provided a website printout which by the way both of these printouts were provided to me by others because the applicant withdrew this and then late Friday said they wanted to go forward with it so I was kind of caught behind the eight-ball to do printing and try to catch up since my printers broken

[0:36:35] at home the web printout shows that I was provided shows two locations forward short-term rental one of those is on Avenue B 1 is on Avenue A one of the questions I have for the applicant is when did they form concho quarters LLC according to the printout from the appraisal district what they showed was it was formed on October 11 2017 if we could get a clarification on that that would clear up some other issues I have a disagreement with John regarding Rs 2 RS 3 properties so on and so forth clearly it says in the ordinance that you cannot have more than one STR within 500 feet I don't care what their zoned we did not make any provisions or exceptions and the ordinance to allow more than one to be piled in just because it was in a different sort of zone I was I'm sorry can you wrap it up in a minute here let me see what we can do going forward I was it was indicated to me on Friday afternoon that the Africa put their hat back in the ring because they wanted to see if maybe they could sell this as a turnkey STR something that we tried to stay away from in fact I thought we had and the process of putting this thing together in the final stages so if they're going

[0:38:41] in with that intent that that's an issue for for us also as I asked and you agreed that you guys were going to look into this STR ordinance again the prima facie language prime official language I'm not sure how you pronounce that and stopping the actual permit or license from being conveyed with the sale transfer or etc I find to be very important other than that I find that they're not in an HOA so the NHL a cannot vote to ban them and thank you very much for the extra time I appreciate it thank you they're probably comment good morning we own course which is our vacation rental located at 305 West Avenue a cross from the Girl Scouts cross from the river we started our small business contact quarters in December of 2013 we've been welcoming travelers and visitors and providing lodging in a really unique area of San Angelo which is you know it's kind of downtown and it's was you know it's anyway it's a really neat area I love it I love hunter quarters anyway I would like to thank the City Council for previously voting to allow vacation rentals in San Angelo and allowing us to continue to operate our small business our vacation rental rental was granted conditional use permit by the Planning Board on November 13th 2017 and I respectfully request that the council votes to allow the continued use of our permit anyway I think it's really

[0:40:46] starting to get neat down they're starting to get revitalized yeah I mean you can walk from my house across go across that bridge and I Drive down the river drive every day and for the pet since 2008 and everyday you see more and more people on the river and it's certain people are walking around and you can access you know kids Kingdom from my house just walk anyway I'm proud of what we did thank you very much other public comment please morning council mayor my name is Debbie Powell I've been in this particular house a couple of times and I think that you should all know that what looks like a quiet unassuming place on the inside it's amazing I mean when I walked in there I was going wow wow wow they put so much work into this property such loving care and tenderness and there's things like there's a framed picture of the beat-up rusty long nails that they found in the property when they were renovating it it's a big improvement for San Angelo a wonderful thing for guests and I think that if anything the city should try to be partnering with a place like this to bring people to San Angelo it's great its historic it's down by the river it's a great thing and I urge you to vote to approve them for a short-term rental thank you council good morning I thank you all for being here and listening us through it to us today my wife and I have been had a great passion for this we started working on it about five years ago and

[0:42:48] put a lot of work into it would you state your name my name is I'm sorry my name is Frank Francis he's my wife and I own council quarters we love the place we had a vision and it turns out that women weren't the only ones that had the vision for something like this in San Angelo at one time there was a study done on the district there that were in for the city and it came back as they they had an interest for the type of facility that we are offering we love to entertain people there and have people stay and enjoy our home basically I'm just asking for y'all to approve us okay thank you public comment rendell Scotty just one follow-up is it possible that somebody from the council can ask the applicant what date that they formed the LLC and one of the most important things on this particular property that I forgot is extremely unique as was shown by John James this property is unique in as much as the property lines run through the structures and meeting with the senior commercial appraiser it would appear at this point that they have no choice but to assess the entire two-and-a-half Lots even though 305 West Avenue a is going to be the only short-term rental this is another one of those what ifs thank you additional comment good morning good morning you want to move the microphone down a bit so we can hear you and give us your name please yes I'm getting used to this first of

[0:44:53] all I wouldn't say my name is Ann Martinez and yes we own a short-term rental and yes we aren't in favor of short-term rentals we are here to support their short-term rental this morning there is nothing wrong for saying the truth and that is why I am here for today there has been some false accusations that have been said to mislead our community and our city leaders please refer to the stats of the police department code enforcement in the fire department people that rent these homes have a high quality of life they come to vacation they have fun they spend time with loved ones that are stationed at Goodfellow etc there are also business leaders that are here for a very short time all they want is a home that is fully furnished they do no wrong as all they need is a place to stay for a short period of time can you speak specifically to this item not in general big picture down the road whenever so speak specifically to these this location these items nest to your approval yes ma'am okay okay so - this short-term rental I would think that all they're doing is bringing in tourists and people that want to come in and stay for a short period of time that's all these people that rent these short-term rentals are doing they just want a nice place to stay that is fully furnished and again we thank you for supporting us entrepreneurs we'd love to help and we'd love to serve great people that visit our community

[0:46:55] thank you so much further comment with no further comment we have a motion on the floor make sure and I say this right to approve the short-term rental we want just one second go ahead this would be to appeal to uphold the Planning Commission's approval and to reject the appeal yes lane John do you know of any instances through the appraisal district where a individual would own multiple properties like this but you know it's built back in 59 where easements for maybe by handshake and it's zoned all its it's considered one property by that you know of any instances like that well I do know that mr. Scotty is correct that they would typically consider all of the properties under one ownership for their purposes as one lot just like our zoning ordinance does but as to how they appraise that differently you know what they appraise one is I mean we have lots where there's a commercial business and a home on the same line I don't know if they how they might appraise that differently but because of the different uses on one lot so John right now based off of the information provided there are and the conditional issues attached to it it meets all the requirements of an STR at this point that's correct okay we have that motion we have that second all in favor of approving the Planning Commission's approval and rejecting the challenge to this STR say yes I motion approved for the STR

[0:49:06] we move on to item B second reading of an ordinance amending chapter 12 Planning and Development article twelve point zero three manufactured homes and mobile homes division two mobile homes section twelve point three point zero three three temporary manufactured home mobile home or building installation which would add recreational vehicles subject to a concept plan notifications and permitting if applicable and allowing for a one-year extension John thank you again John James Director of Planning development services normally this would be on consent because its second reading but we did make the ordinance changes that we discussed last time so we want to just point that out and allow any opportunity for questions as you know this originally came to you on first reading as these would require City Council approval but the Planning Commission had recommended that they could be approved by staff but appealed to the Planning Commission and City Council you all agreed with that on first reading and so what's in your packet this time is that revised language and so I'd be happy to answer any questions about those changes otherwise that's that's all I had again staff does recommend approval as did the Planning Commission as anyone on City Council want to ask a question or make a comment on this item is presented so second from laying all in favor I mean public comment on this item please there's no public comment we will ask for a vote all in favor say aye any opposed no passes 6 0 you know what I'm gonna ask for a 5-minute break because everyone's leaving and there's a big cake back there and the people remaining and so I think what we need to do is take 5 minutes get a piece of cake and then we'll we bring the meeting back to order thank you and probably will be speaking far too fast and not clearly we

[0:51:11] will call this meeting back to order at 9:40 a.m. at this point we will go to item C which is the second reading of an ordinance amending chapter 12 planning and development exhibit 8 zoning ordinance article 4 specific use standards to allow for reduced setbacks or accessory structures with certain conditions within the are s - 3 zoning John thank you this is similar to the previous item in that it's a second reading that normally would have been on consent however there were some concerns raised between first and second reading regarding these patios and things that might be constructed we know that many of these have been constructed without permits our normal practice is to charge a double permit fee in cases where somebody comes in to get a permit after the fact after they've already constructed it but what what we've done here is add this provision that allows the city manager authority to waive that extra penalty fee for getting a permit after the fact that's really the only change from first reading staff does recommend approval and the Planning Commission did also unanimously as well as your approval on first reading be happy to answer any questions the only because this impacts so much in your area are you clear with what he's suggesting and support yes and I make a motion that we approve the recommendation of the Planning Commission okay I'll second butt out I would like a provision in there in the case that a resident buys one of these homes that has this already built they didn't build them themselves to have if someone comes and says that they need to get a permit that that also be waived we need to we you can't add that onto her motion so we need to go back and either restate a motion with those conditions in it or do something way it's currently

[0:53:18] worded is that it would it I think that would be they could sell it and it would still mean he has the authority to waive it - they're just paying a regular fee so I think that's included what's not included is that it would waive it totally like the example I'm saying is if you have a patio home and you built one of these awnings and I come and buy it from you not knowing any of this and it's five years down the road and we're today that I would have to be required to be getting a permit for something that was done by someone else in that instance I would say that should probably need to be waived you know the way we drafted the authority for Daniel as it goes to the structure and not to the person so I think that it's broadly written enough that he would still have the discretion even if it is a different person down the road to still waive those fees complete fees instead of double its building not homeowner rights building just caution though that this happens very regularly and I don't know that we would want to move I can understand in this very limited circumstance but we see work was done without permits very regularly I wouldn't I would not recommend us going in the direction of basically giving a free pass if if you buy a house that's part of the due diligence that most homeowners would look at is is everything up to code and if not that's that's part of what they're buying into well if it's up to code but if it was permitted years ago right but we frequently get people coming in to ask they're buying a house or they're buying a property it was everything permitted correctly etc I think that's part of the due diligence of buying a property and if something is incorrect with the property that's part of what you've bought into I would have to be in the sellers disclosure wouldn't and if it's not in the sellers disclosure I'll defer that to someone else but that's not necessarily the case I don't believe for whether or not permits were the closure doesn't doesn't require you to acknowledge all permits have been

[0:55:21] applied for or have been accepted so right it wouldn't be honest sellers to close this ordinance change is just specific to this very one narrow if you want to have a broader discussion about that that would be a different topic or a different meeting but for right now it's just was very narrow circumstance but again it does go to the structure itself and not the owner or the person who didn't get the permit fee all right so Billy do you want to keep your emotion exactly as written here yes okay so then we're gonna have a second on that second we have public comment on the item there's no public comment we will take a vote all in support say aye aye any nays motion passes six zero item D second reading a public hearing of an ordinance amending appendix a article a 8.000 utility related fees a 8.00 7 water billing charges by mending the late fee allison it was okay what we are going to do is a public hearing a first reading of an ordinance for z17 - 16 a rezoning from the office commercial Co zoning district to the neighborhood commercial C in sunny district on a 0.138 acre property located at 26 16 South Bryant Boulevard thank you as you mentioned this is a rezoning this is on South Bryant you can see here the property it is a small strip shopping center it's largely surrounded by residential in the past this property has received

[0:57:22] conditional uses for various retail kinds of activities on the site but rather than continuing to do that as uses move in and out of the shopping center they are seeking a rezoning that would just allow the neighborhood commercial retail uses we did send out our notifications there were 21 responses or 21 notices sent out one in favor one in opposition as I understand it from the conversations the the one opposition next door wasn't necessarily opposed to retail uses on property but were opposed to the particular retail use which was like a tarot card reader psychic and that was what she was opposed to and so that use has actually moved out since but this again would allow retail uses on the property staff does recommend approval as did the Planning Commission be happy to answer any questions do I have any questions from Council for John yes Harry real quick comment the individual that sent the letter of opposition I have spoken to her on the phone she was more concerned with people parking in the alley than she was commercial businesses I've been by that particular strip shopping center probably half a dozen times over the last three or four weeks and I've not actually seen anybody in in that alley at different times of the day that I've been by there so quite honestly I've moved to approve as presented is there any public comment on item D on the request for rezoning with no public comment we will take a vote all in support of the rezoning request say aye I know any opposed motion passes 6 0 item e consider ratifying a resolution of this by the city of San Angela

[0:59:25] Development Corporation board of directors authorizing the president to negotiate an executed development agreement with AEP Texas Inc a Texas utility provider AEP relating to utility and infrastructure improvements necessary for plotting the subdivision of a portion of phase 2 of the San Angelo business and industrial park is approved by City Council Ron good morning mayor city council C manager rollin opinion director of economic development happy birthday mayor thank you so this item has to do with the 52 acre tract property that we spoke about last month it is a requirement by ordinance you may remember that we had a MoU that was approved last month by the City Council that was required as a result of the Planning Commission so the City Council authorized the city manager to negotiate and execute the MOU on behalf of the city of San Angelo last month this was related as I stated with regard to the Planning Commission's requirement so they approved our our plat with the condition of that of an MOU now why it's necessary is we're on a dual track effort right now where we're trying to build infrastructure to phase two AAP has we've been working with AEP for some time now as you know and are well aware and they're they're building a new 80,000 square foot facility they intend to occupy the facility by September 30th of 2018 so the design the bidding and the construction cannot be

[1:01:33] reasonably completed if we go through the process that we've determined that right now to meet their timeline in fact they'd like to have their infrastructure in advance of that September 30th deadline and in order to meet that requirement or to meet that deadline we've come up with this solution to allow them to build the infrastructure and we will reimburse AP for that effort it does involve all the underground utilities access to infrastructure improvements we've estimated a budget of 750,000 a purpose only we have to go through the bidding process right now I think it's it's important for you to know that as we go through in building the infrastructure for phase two the next item that we're going to discuss has to do with the EDA grant our intention is to take advantage of economies of scale obviously it is cheaper to do it the larger project but we will take this piece that extends to a ep first so we may do it in phases in two phases in order to meet the timeline that ap has and in order for us to be able to take advantage of that economy of scale the board did approve this development agreement December 13th we've been negotiating with AP on this development agreement I know that Fred Hernandez the representative is is here in the audience this just gives you an indication the map that I've posted here for you there is the IEP facility what's outlined in blue is the is the section that we want to provide the infrastructure necessary for a EP I'm open to answer any questions that you may have I would say a EPS probably very qualified as it relates to putting in their own utilities perhaps they have

[1:03:37] their credentials any comment Fred dis council have questions for Roland on this item move to the proof any public comment no public comment all in favor any opposed passes 6-0 item F consider resolution approving the city of San Angelo Development Corporation cosa DC application to the US Department of Commerce for funding through the Economic Development Administration's EDA 2017-18 Public Works investment assistant program to fund sewer and water system improvements at the San Angelo industrial park and authorizing the city manager his designee to join in the grant application on behalf of the city of San Angeles a co applicant approving provision for match funds equal to 50% of project costs and designating the city managers the city's authorized grant official once again before you is is the map that indicates the the dual project we've been working on this for some time in August of 2017 we had a resolution authorizing in 625,000 and matching funds for the application of an EDA grant that'll help us pay for these infrastructure improvements we did utilize a grant writer and we also secured an engineer to help us with the design and engineering and they're gonna do the bidding and oversee the construction and we had taken the recommendation from EDA EDA has been very involved they have a representative in Albuquerque who works with our concho Valley Council of Governments so Austin

[1:05:42] Stokes has also been involved in our discussions with EDA they are always at the table as we're applying for the application we submitted a pre apt in September and this past November we received a responsive letter from EDA basically saying that we have a favorable review however their feedback to us that way was that we needed to increase our matching funds to be much more competitive obviously funds are limited and we have more communities applying for the funds than there are funds available so our board the cosa dici board did approve the resolution that's part of your packet today to increase that much in funds to 1.25 and so that was passed last month by cosa DC EDA then we'll give it further consideration by the end of this month although they they did provide notice in December that it looks very favorable for us there's no guarantee but one of the requirements for a DA was that they also recommended that the City Council or that the city of San Angelo be a co applicant in the application and so that is the purpose for today's request I'd be answered you answer how I would like to answer any questions you may have sorry do I have questions from Council so you're applying for a six hundred twenty five thousand dollar grant which if approved requires us to match from cosa d c-- 1.25 million is that correct err no that we're applying for 1.25 and for a total project of 2.5 million so our matching funds are going to be 50% EDA will will put up 125 and will match dollar for dollar for a 2.5 grant that

[1:07:48] doesn't cover the entire cost of this project that we talked about but it'll help alleviate some of that cost any further questions or may I have a motion any public comment nope I'll in Iowa McClellan Thea resident of San Angelo matching funds always sound attractive but I would urge the council and other officials involved to be clear on what the requirements are there are requirements had to be met and and you know a kid get into areas that we don't really want to lose our prerogatives or sovereignty so that's or something I urge all of us to be aware are there any particular requirements Roland that need to be brought out in terms of anything other than a dollar amount since we have wait since we have not received the grant I'm a little hesitant to provide to speculate I do know that one of the requirements has been they must pay whoever the contractor is must pay davis-bacon wages that is one requirement if we are to sell some of the property that receives the improvements we must sell at fair market value not anything above to make a huge amount of profits those are two items that that I can recall that may be requirements as as part of receiving the grant the other point I'd like to make is our funds are very limited at cosa DC and perhaps the city of San Angelo and I really think that we need to look at ways to partner to seek more funds

[1:09:53] either EDA either state either other federal funds because there are other projects I know there's a project that that we've been working on at the airport I know it's near and dear to your heart mer about looking at additional infrastructure improvements there we're going to need additional funds and I'd like to take advantage of those agencies funds that are available to help a supplement the funds that are needed any further public comment if there's none we will take a vote all in favor say aye aye huh any opposed passes 6-0 item G presentation of the Civic events year-end report by Sydney Walker good morning good morning Council just wanted to give a review of our 2017 fiscal year with civic events we've of course had a great year I believe and just wanted to be able to present to you all on what we've what we've done this year well what has happened in the past and where we plan on going to as well so first we'll start off with Civic events we as a staff had facilitated over 900 events with all of our seven facility so starting off with that magnesia Convention Center of course we had 219 events here cosa with our city staff we had 213 at the Coliseum we had 133 events and at the river stage we had 21 paseo we had 49 indoor arena we had 71 and East mezzanine we had 81 farmers market at 59 and also the which isn't on here is a concrete pavilion which was around 52 as well total bookings that we had at our facilities we had public ticketed events where 86 of them community events which were free events that people can come to and enjoy or at 58 private bookings with the weddings

[1:11:58] King says baby showers actually did increase this year we're at 330 and then costal meetings total was 295 ticket sold with each one of our venues as you can see we had an increase at the Coliseum of about 7,000 tickets this year at the Coliseum with events at the river stage there was an increase of about 6,000 and then the Convention Center was around to 2,500 somewhere around there and that in that area bookings wise if you can see we actually went with the Coliseum where we normally keep around 130 somewhere around there with with the Coliseum the river stage you can see a little decrease but that's only because we one of our week-long bookings dropped off and then with the Convention Center where were around 219 total bookings with our facility revenue the Coliseum of course from physical from 16 to 17 we had a huge increase of about 95,000 which was about 41% and that the revenue increased from that is it goes along with the events that we had over there the ticketed events but it also includes the merchandise that we sell to as well on the merchandise says being sold our percentage and also our facility ticket facility fee that we also receive of a dollar fifty or fifty cents depending on what the what the entity is also with the river stage you can see that we did 30,000 over there too as well we did it had a nice increase over there to the Convention Center we're steadily trying to get back up and to where we were in the previous years but this past year we did to about two hundred and twenty eight thousand and then the Farmers Market pavilion and the Paseo and did have a drop in it but we're at about 12,000 13,000 but we we expect to be able to have those numbers increase too as well well I wouldn't say that as normal it's really a drop a lot of our

[1:14:03] clients actually went over to the Fort Concho because they're just the facility is a licensed facility compared to what we can offer with Paseo and also with the pavilion too as well farmers market and as well as you can see the concessions as well had a nice increase from fiscal year 16 to physical year 17 and like I said many of those increases are because of the public ticketed events that we did have this private this previous year if you have great events they're gonna pick up your numbers and concessions they'll pick up your numbers and facility fees they'll pick up your numbers and merchandise as well who has a concession license for the Neffs Park area that's part areas settings will host and so their contract covers that area as well yes ma'am I'm in between all of the events that we had of course last year we came up to you all with with our facility project needs improvement needs we were able to get at least 10 to 12 projects currently down right now actually it might be at 9 I'll go through them this is actually the back doors of the Coliseum which were which we did do as well I'm just going through a few other pictures right now and then we'll get to the numbers we did the Coliseum VIP lighting we went from the regular lighting that was in there to the LED lighting which has which is that actually made their room look a lot better than what it is a picture doesn't do it any justice as well as the changing of the ceiling tiles in our in the Coliseum too and one of our oh and our River sized chairs will never can forget these rivers Cheers if we would have had those concerts last year with these chairs right here I just think it would have been bad so I'm glad that we were able to get these new chairs one of the projects that we did do in-house with our own staff was our dressing room renovation project if you ever went in there whenever we did have football in there it was a locker room in it I mean if you know what a locker room looks like it doesn't look too well but with this project that we had and and some of

[1:16:07] the times whenever we were having some of the guest artists to be able to come through this is where they would actually be at until they get on stage in the locker room so we had to do a lot of decoration to be able to make it look okay at the time just to be okay but now with the with the improvements that we have made this room looks definitely a hundred times better than what it was and I can only credit my staff for being able to put this together and do this in-house force and stuff and if you ever get a chance come by there and check out this room it definitely looks great we're actually doing some other additions too as well with the locker rooms and we're hoping to be able to please all of our customers with the with the changes that we have made and take away the authentic smell of the locker room digit right before people go in there we spray in there okay so when we look at what what projects that we did complete of course we did complete the sewer line project over here at the convention center we have had zero problems ever since we did have the sewer line restored the reroofing of the Convention Center as well we did complete that project climate control for the Coliseum and the air handler number three for the Coliseum we also completed as well as you can see the river stays chairs in $78,000 under the estimate why was there such a discrepancy between estimate and actual because stock Show and Rodeo actually went half with us on it and plus we when they actually went into it they didn't have to do all the all the repairs that they needed to do so it was actually a pretty good savings for us they we're still working on a resurfacing it a lot for the Paseo and farmers market because there are some other areas that need to be taken care of as well so that estimate will actually go up we will be in this to you all in a few months the only things that we have not completed of course would be the door replacements for the Paseo and then the lighted replacement we're actually taking that as each light goes out we changed it we change it out and and change it to LEDs the VIP room lighting we did complete as

[1:18:10] well as the ceiling tiles and the door replacements for the Coliseum as well so the estimated cost one that was four hundred and eighty three thousand the actual cost has been so far as three hundred and seventy two thousand with the variance of about a hundred and eleven thousand I'm hoping to be able to come back to the board with at least a hundred thousand back in the pot so we can get our next phase of facility improvement projects completed in the near future to be able to do to be able to keep up with the biz business any questions on our Civic events on our facilities I do I do hope coming up in two we do have a nice schedule coming up plenty of events ticketed events I do expect the numbers to steal average around the same I actually actually believe that the river stage will actually be the venue that will have a huge increase first quarter of 2018 compared to the first quarter of last year how were the booking we're doing pretty well now I would say above above definitely especially for the river stage that's why I can go ahead and count on that we had events River stays of course is one of those venues where it's it's it's booked in the summertime spring time well we were actually able to get a festival in November and we had two other event in September October as well too which helped us be able to have revenue early on in the fiscal year instead of what we how we normally have it so your biggest CIP issue biggest CIP issue would be the Coliseum with all of with everything that's going on at the Coliseum of course the Coliseum is was built in 1958 so of course things that we need to keep going and stuff things are starting to break down or wear out and so all of our bodies exactly but one the thing about it is

[1:20:16] are the personality the relationships that's what's carrying us with our facilities and stuff whenever we have these promoters and everybody come through we definitely try to make that relationship with them that bond and ask them hey well how can we help you the next time or how can we service you the next time around whenever they do want to come back and I can say all over the promoters that we had last year they're coming back again this year it's a great bigger and better event so you know I'm just hoping that we can keep this process going and I'm very proud of my staff I don't hope just make it happen that's right I'm one of your previous slides and you talk just as fair if not faster than the mayor [Laughter] it was the convention center had higher revenues what is what do we attribute the it was so so with the facility revenue from the convention center back then there was a lot more of the oil industry was still around and they had more of the meetings over here they had other conventions too as well so a lot of that contributes to the Convention Center um we're we're saying booked on the weekends we're definitely booked on the weekends the thing is is trying to get those weekday bookings too as well so that's what we're missing from previous years to where we're at in fiscal year 17 on another slide previous to this one I think it was showing that the bookings are less but the revenues are up so does that mean we're charging higher ticket prices or so all of that like let's take what the river stays of course the bookings are are less than where we were but if you looked at the next slide the river stage revenue went the opposite way sometimes more is less I'm and that contributors of course that's facility fee that you're receiving at the river stage whenever you have those concerts that's the merchandise that you're getting off of whenever they're

[1:22:19] doing the setups and also facility fee the merchandise and then also it raises your concessions too as well so I mean it's that's that's what attributes to all of these so whenever we have these events it's when you can't just look at the rental of the the venue you're looking at all the aspects of what can bring in different types of revenue streams for you so I always like to be free we're pretty fair across the board for everything but you know with this it's all about the merchandise and everything else that comes with it that's what are the city's percent of the yes well it's Angelo house yes ma'am and that's including the Bosque is would be where on all of this the Bosque wouldn't be in this it was Sydney I would just like to say it looks like things are going very well in civic events so certainly keep up the good work but I would like to ask what are you gonna do about the Coliseum built in 1958 and sounds like you're having a lot of issues and you know you and the other gentlemen were kind enough to give me a tour and certainly looks like there needs to be some renovations or some discussion about where we go from here people smile on my face and tell them that it's the greatest being you ever but you know I mean it's in the future we will have to visit that item at some point in time because you know like I said our even our stage at the Coliseum I mean that's the original stage that we've had in there so using the stage that's from 1958 1960 imagine what you have to go through to put that the process of putting that stage we use five of our employees just to be able to put that stage in place for an event and then let's say that stage has to be moved for somebody's next event to another area you have to take that the whole stage apart and put it again together in that other area so there are a lot of issues of course with the Coliseum in and I'm

[1:24:22] hoping that in the future that we'll be able to discuss how we would like to move forward with either Reid renovating this the Coliseum currently or you know knocking it down and go into a different plan you have CIP just addressed issues that it was my CIP plan yes well so they're incorporated yes ma'am any other questions or comments great work Sydney thank you very much item akin stage consider amending civic events policies and recommending any related matters so with following that of course we've been working on our policies and trying to basically make sure everything is aligned with our agreements as well with the policy so as so our customers are not confused with what we are actually offering to them so there's a few things that we did change and we were amending with our with the policies but there are a few actual additions that we actually added to as well some of the additions that we did add was a purpose statement and a definitions just to be able to define some of those terms that some may not know about one of the things that we did delete was deposits but we added in their security Fiat require payment I'd like to take out the word deposits because deposits everybody feels that they're they should get that money back and sometimes that the way the policy has stated it they shouldn't be able to receive their money back so I took that wording out of there we did change we updated the booking a minute Social Security fee means what security fee would be basically like your deposit security fee is a security fear II fundable to the person who who booked the space as in room two deposits or is the security fee something we keep security fee I mean you people can get a deposit or people can't receive their payment back um what we did we just wanted to take out the word deposit so it wasn't that they don't get their

[1:26:24] money back under certain conditions they do because if it's under if I cancel something out and it has 90 days they still receive their their we just wanted to take the word deposits out because sometimes it's a little bit closer to that and they're like well idea put a deposit down will that deposit actually is already it's part of the fee so that's why we actually took it alumel what's the difference between the deposit and the security food a security feed okay so the definition for deposit would be something that you actually put down some money that you do receive back that's a deposit you can't get your deposit now tell us what this security fee exactly is security is the amount of money that you're putting down for the for the venue to be able to hold the venue they are expected into the cost of yesiree so it is not refundable because it's part of the fee yes sir it would state that none of the security fee is refundable yes well what did it but it is you do still have to you still do have times where you do have you do have the refund if they cancel it in 60 days and it requires a 90 day notice they get their deposit quote security fees just my back yes but if they do the event as planned yes ma'am that security feast days with there's no refunding of a security fee yes well if they can't and the required payment is it's the same thing so it's just a terminology of require payment or a security fee is just where we see fit in between the security fee and the required payment required payment is how much you have to put down whenever you have a whenever you're renting out a facility same thing the same thing as a security why are we using double wording for the same issue if you want me to ma'am I could change it to have it just one word it's confusing to me to have both terminologies all implying the same very thing very if it's required payment it's

[1:28:29] this I mean I don't know why we use we could do is refer that legal to assist us with and make that determination if y'all want to go on and and based on their interpretation of how we should word it maybe that's a good suggestion another thing that we did change of course would be the updated in the Bukit we updated the booking schedule hold on let me make sure I didn't miss something okay updated the booking schedule to allow CBB to hold dates for up to four years um one of the things that were actually of course trying to do is get more conventions and more more business like that in into our convention center we're actually trying to hold out at least four years for a rail for a normal customer that we have they can't look out unless it's a year out so for CBB were actually allowing them to do four years on camera hookups we actually deleted calls for a trial we want all of our customers and everybody else to be able to go to the fee schedule to see what fees that were actually charged and instead of having them inside of our policy and then turn if the turn if the the numbers change we would like four we wouldn't have to come back and change it in the policy you're not doing away with the cost of the camera it's just not in there's just there's just no cost that's put there's no numbers that's put into our policies and we're window to find those fees they'll find them in the fee schedule this is one of the items that's on here so I can trade it for a public ticketed events I'll read this one out the Civic events manager has the authority to negotiate a calibrate at the Civic events facility being rented by a promoter or event company for ticketed events the cap rate cannot be less than the rental rate that is stated on the fee schedule and cannot exceed ten percent of the total gross when we have a cap rate of course so so let's say the Coliseum is seven one thousand seven hundred and fifty dollars I cannot go below one thousand seven hundred and fifty dollars whenever we rent it out for a public for a ticketed event so I'll set a count rate of let's say we having a concert over there and

[1:30:33] the count rate is forty five hundred we still receive of course the seventeen fifty is versus ten percent or we receive what's up to the cap so it would be you know forty five hundred or whatever that that fee is negotiated at that cap rate any okay so the capped rate and the rental rate what's the difference specifically gentle rate of 1750 and but versus 10% so if a promoter says they have an event that's coming in and they have a they have to pay the rental fee but then on top of that it's it's inflated with you with a cap rate due to the the gross from tickets and ticket sales so that that would be the difference in a what a cow rate is it whichever is greater yes sir okay to get more specifics plane it's lower and more specific as to what they each are so if I read that I I am reading it and I am confused and if I was trying to rent and I'd be really confused about cap trade rental rate 10% it needs to be black and white I apologize I mean this is promoter terms right here I definitely apologize so so if you take a take an artist or let's say a promoter comes to me and they have they want to bring whoever and they say hey this is I want to bring so-and-so to you all what what is your rental rate so we then tell them what the rental rate is which is 1750 versus 10% of your gross amount of ticket sales so then they're like well if we just keep it across the board let's take ZZ top and say we just kept it across the board no promoter would stop here and say they would keep they would want this type of deal because we are we are not capping them off at a certain amount instead do you understand where I'm going with it if they want to promote if they want to bring an event to town they would pay 1750 for the rental or facility yes or is it or ten percent versus versus ten percent of the

[1:32:39] gross hundred thousand dollars worth of ticket sales yes ma'am and we gave them the rental rate of 1750 I wouldn't give them the rental rate of 1750 it would be ten percent yes is ten percent the hundred thousand but we cap it because no promoter will come with the numbers that we just showed no promoter will come to Saint Angelo Texas and want to do an event if we do not put a cap rate on our rental rates they would pay seventeen fifty plus versus yes ma'am plus 10% of the total gross yes well it's kind of bloody I apologize the only and let me can I say this we this has been going on this is prior to Sydney Walker being a civic events manager city is not putting this in understood definitely understandable what's wit part of you or we not understand and I guess we're looking at we currently is is murder bringing it event is he has to pay at least the council approved rental fee and which in this case would be 1750 or 10% of the gross ticket sales whichever is higher that's what it states now so if he sells a hundred thousand dollars it would be ten thousand dollars what the board would like said to be able to have the flexibility to do is negotiate in between that in between the council approved fee for and the 10% of the gross ticket sales somewhere in there because like he's saying the promoters might want to come in and pay 10% of his gross ticket sales he would like to have somewhere in between there and so that's what the policies how the how do we make sure that it doesn't become a personal issue about who we discount at for who gets a better deal who gets a lesser

[1:34:43] deal because when you leave it open-ended like that it leaves it in one person's hands to make a overall decision about who gets the bigger discount or the better deal that's where we lay in and level of oversight if not a couple of levels of oversight in which I get to see reports on which ones whatever he's negotiating and even maybe records see that so he has to provide those reports to us either monthly or quarterly to show that he's he's being consistent across the board we might even want to depending on what that level is you know you could even pull in a chair of the civic events board as a person who sits in and sees those reports so maybe it goes to Carl and that chair so you have a different view of people looking at it iseman make sure all persons trying to book the facility are all treated with the same level of negotiation and that we don't pick winners and losers if you will well not to me is the most important policy we have is to treat all people with the same level of negotiation and and we don't get into the middle of the mud we like that as well from our I do from a staff perspective because it puts a layer on there and it actually protects the staff correct if someone does make that statement we have a good saying here's here's how the review process went what does the policy say now if they didn't even have cap rates in their butt cap rates have been done since I was sitting on the other side we were just doing it it was just being done yeah I'm bringing it forth to be able to get it inside the policy so being able to discuss it I mean cap rates won't there's there's no set sheet where you're like well you're gonna sell this amount of tickets this is how much you're gonna do WWE cannot be treated as Temptations cannot be treated as a ZZ Top it's negotiating back and forth is either do you want to lose the event do

[1:36:45] you want to get the event or not because you can't just set it on just a rental fee and have us such a high cap fee because that's when merchandise comes into play that's when concessions comes into play that's when your facility fee comes into play so you can't just place everything you're either gonna either you're in all the way or you're you're not gonna get anything we get a lot of other revenue as Sid kind of stated from we get a percentage of concessions we get a percentage so there's it comes in a bigger picture when he's calculating saying okay well you know I can cut here but we're probably gonna have a whole lot of concession so I'm gonna gain a lot there that's because when it's look the problem is when it's booked you don't know how many tickets you are going to sell or how many concessions you're gonna have so at the point of booking this facility it's booked before in fact a ticket is sold yes ma'am yeah and so that becomes part of the whole consideration for whoever is doing and I just again want to make sure that there's oversight and that there's consistency in terms of how we have the conversation about fees and concessions etc because yes sir just a just a real quick comment and I have to echo a little bit of what the mayor says as long as we do have oversight as long as we've got Carl and Rick and whoever else looking at these things I feel real comfortable and allowing the Civic Events Manager negotiate these these events because as Sidney said each one of these are unique they're not the same and if you don't have that flexibility then you're not going to have the numbers that we saw in 2017 so I have to see as long as we've got some oversight and the citizens are protected then and I'm comfortable and in moving forward in allowing that flexibility for the civic defense managers to do this

[1:38:48] negotiation I'd certainly want to highlight the cap rate and the rental rate as for words that need to be obviously highlighted as part of the policy so people understand cap rate and rental rate okay any other question I'm sorry you probably need to continue on we stopped on this slide so continue with concessions we just updated the language to match the concessionaires agreement for all of his for the facilities that he is covering we also renamed like I said the deposit schedule to saying it's it's the booking schedule instead we just renamed that that column we removed okay describe that what's the difference between a deposit schedule in a booking schedule because if I read it deposit requires money a booking requires what we were trying well we're trying to explain what the booking schedule is when went along in the process that you are being booked so fully executed tarz facility agreement and security fee in the mountain of the building rent must be received within ten days so it's explaining how you are actually booking the facility and I'm with you sit on this but I think sometimes when people and we deal with this as we do rentals out at the fairgrounds quite often when somebody sees a deposit they automatically assume that's 100% refundable by the time you tear up tables and chairs and all these things back and I see the need to go that to a bookies cajon which makes that a lot more I would say flavorful for those people that rent that they understand that but I see the point of why you need to change that I just say needs to be clear a lot of times when people see deposit I think it's a hundred percent back and it's not we have wear and tear so I'm good with you can I add yes please as Sydney's been talking and you've been asking these questions I pulled up what was actually included in the packet and I've noticed this on a couple of items we've had some email system problems and it appears that a lot of the documents that were uploaded into our agenda

[1:40:51] software we thought we were uploading final documents and what got uploaded is redline's so if you look at this in your packet all you see are the things that were deleted by changes so I think in context the things that Sydney is telling you would make more sense if you had the whole policy so I just talked to Karl about bringing this back on consent next time so you can see all of these changes in the context of the whole policy and then if somebody wants to pull it at that point you can pull it to discuss it again okay thank you we also removed equipment and indoor arena removed equipment because equipment was stating that we were allowing a rental of our equipment out to others which we are not which we're not doing as well indoor arena we and previously we used to work the dirt for our customers that that became an issue for so we we actually pulled that as well too from our policy that we wouldn't be working the dirt it is and as is facility whenever you do where they have to do their own dirt work yes ma'am we updated facility discounts and multiple use in facility discounts we did update it with last in 2016 actually we had a facility discount proposal that was brought to us by CBB and it was council approved as well so we had the addition of the 150 room nights in the 100 room night so we were just making sure that language is in both of our policy as well that has been that has been approved on with multiple use a lot of the events last year that we had are a lot of the promoters that we had they were basically at about two or three events and for me I look at it as well what if we could have got them to that fourth event where would our where would our revenue have been so and the multiple use I'll put in that if let me get it out I'm not gonna just read it out multiple use would be a client contracting for a minimum of four public ticketed events at one time at the river stage convention center or Coliseum

[1:42:53] within a 12 month span will be deemed a multiple user a rental rate of 50% off the facilities rental rate will be applied to the fourth concert the fourth concert must be held at either the river stage or the Coliseum so it's just an incentive to be able to pull in just that last that last event and of course I'll look at it as you're still receiving facility fee you're receiving concessions and you're receiving your merge or Reynolds within 365 days or one calendar year well just in a 12 month span okay next what the facility discount applies to is the discount on the fourth event within the 12-month window yes well no other facility discount no part of this line okay we also removed ticket accounting and ticketed events actually ticketed events was moved to definitions and then instead we added ticket vender guidelines city as well we were in a current of an agreement with tickets calm moving forward we were we would like to be able to allow promoters to be able to choose who they would like to sell their tickets to as long as they meet our requirements of our requirements before signing on with them I mean they could pick Ticketmaster or buy a ticket calm or lose our city of San Angelo ticket no ma'am ticketing system as long as they as long as they are approved with all of our our guidelines which include me having access to be able to see how many tickets they're selling actually for the event so we know how to properly staff it as well proper insurance requirements as well to be on our to be on the property of a city and there's some other get some other guidelines too as well that are inside of that to but it's it's actually we can get the $2 per ticket we revenue we yes well we're still getting a facility fee as well okay it's

[1:44:56] just allowing them to be able to choose who they able to sell their tickets to because they may have a promotion with that uh with that ticketing company and I just didn't want to stop them or have them set so just hey you have to use this this ticket a ticket vendor instead give them the option the flexibility to be able to choose as long as they meet our guidelines okay so we're gonna bring it back on consent agenda with some clarification on all of it but it is an opportunity if any council member has additional questions and stuff that we could ask now so that when it comes back on consent agenda we're clear on what it is we're asking him to bring back for clarity have specifics on that review process if there's you know certain no specific events board member or whatever you would like you can tell us that at that point yeah and you might make what you might do is when you bring it back put in that in the proposal that you bring to us who's that oversight would be because I think you all know the structure of of your staffing and would be better inclined to know who would be the best oversight versus us perhaps but it should be inclusive in that that comes back to as Carl yes just what I mentioned I don't think said did but he went through a lengthy process with his board over several months about hashing through all the policies they set up a subcommittee that met like four or five times we don't question the thoroughness of what Sydney's done he's done a great job this isn't a personal issue this is a policy issue and as we update our policies we want to make sure that counsel is clear on any all and the issues that are asked to be changed but it is not challenging ones ability or capability don't take it that way I just want to show that we may do diligence to go through all great Sydney thank you know you've got one more right side of mine okay consider proposed discounted rental agreement for foster communications Coliseum for San Angelo Broadway Academy me get tomorrow my notes right fast but

[1:47:06] so San Angelo Broadway Academy has been receiving a discount ever since they were displace from the auditorium due to the renovation and this was this took place in about believe 2010 so they've been whenever they were displaced they were moved to the Coliseum and they were able to keep the same the same rate that they were receiving at the auditorium which was six hundred and fifty dollars per performance per rental over there so I do want to go through what currently was Saab was paying what our fee schedule is our Civic events Advisory Board their recommendation and also City staffs recommendation to as well Sabah currently Petty's of course like I said six hundred and fifty dollars per performance and they also pay $75 or they all right and when they're moving in they pay $75 per hour from move-in and rehearsals so those are two different fees they only have and the performances are normally on Friday Saturday and Sunday and then the move-in is basically on like Sunday so it's a Sunday this Sunday to set Sunday to Sunday rent so sometimes Saturday's on Monday to Sunday rental they average four shows per year and it's about a seven day span sometimes it does go to eight days or more than maybe nine at some times it just depends on which show it was they were like I said they were displaced from the city auditorium in 2010 to the renovation they do fall under our multiple use for four shows per year they receive a pay us a facility fee of 25 cents per ticket that's actually sold and the reason they do receive that discount compared to the other discounts is because they are a non-profit and they fall under a non-profit multiple use agreement the revenue approximately four for each rental was about 5500 which comes to about 22,000 per year for us at the Coliseum what would that rental fee be if it was held in the city auditorium or maybe you're gonna present that in a minute thanks so with the

[1:49:10] Coliseum of the current the current rental rate for the Coliseum is one thousand seven hundred and fifty dollars their last performance that they did have was early in December an hour at the Coliseum and currently they have an upcoming performance at Murphy performance hall in May and the reason why they have it in May over there right now it's because our schedule was - it was pretty booked for for the time that they were looking for is Sabhas so our board recommended we we met on this item twice and I and in November our board recommended that they would like for them to keep receiving the same the same fee which is six hundred and fifty dollars per performance with the $75 per hour move in for EM rehearsals and they wanted in a three year agreement instead the revenue from that like I said would be fifty five hundred per rental approximately would equal equal up to about 22,000 City staff recommendation is going to what our fee schedule is which is seventeen fifty per performance and then instead have half rental which is a 75 per they're moving and rehearsal and give the one free day move in the revenue from that would be eight thousand seven hundred and fifty dollars per rental the thing that scares me about this or worries me about this situation is we want to make sure that all of our customers are on a play or on the same level or on the same playing field I can understand if if we move forward with this I already know that there's gonna be knocks on my doors for others that would like the same discounts to be able to be in our facilities and it's gonna definitely make the job a lot more challenging to be able to choose who should be getting these discounts or will just be bringing them to Council but let me just make a statement and you tell me whether I'm right or wrong but the original idea was simply for the discount because in fact the auditorium

[1:51:12] was not available yes ma'am and so there was a discount given for the purpose of allowing them a facility while the auditorium was being written as well why was it being renovated and then once the auditorium is done and it is usable correct yes well okay excuse me why would they want to stay at the Coliseum versus going back to the auditorium well I actually have the technical director or mr. Andy Brooks he is here to speak on behalf of Santangelo Broadway Academy if you all have any questions for him um directly towards why they would like to stay at the Coliseum oh hello I'm Indra Brooks on the technical director for San Angelo Broadway Academy in reference to your question the reason that we were looking at moving or staying at the Coliseum as opposed to going back over to the city auditorium is because when we were displaced from the auditorium didn't nobody's fault it was just renovations place is falling apart the expectation was for us always to go back to the auditorium when it was open however the price point once the auditorium opened back up is commensurate with what the Coliseum is now as opposed to what it was when we were moved over which is the rate that we get at the Coliseum currently which is the 650 dollars we expected a slight increase moving back in there however we did not expect the auditorium to jump up in price to something that is commensurate with renting the Coliseum at 1750 I don't have the figures on me but I think it's I think it's actually 1500 per oh I'm sorry 1500 per performance day and then right around 950 or 850 and again I don't have the figures right in front of me but it's all been forwarded

[1:53:14] to the Civic events board whom we went through that whole process with them so currently we have worked out an arrangement with them to get in there to discounted rate for the next two shows that we have only because we didn't know where this was going to go with with the City Council we do Machaerus it's concern let me just be clear about that and I've been clear about that from the beginning with the Civic events board as well I think I was one of the first people to say you know if we get a special deal on this you're gonna have people coming out of the woodwork and knocking on your door saying hey why are they getting this and we're why are they and while I understand the the workings that have gone on leading up to this point and the people that are in the Civic events board understand the workings that have gone up to this point the outside looking in is not going to see those things so what we tried to do initially was to get that made into a across the board nonprofit policy so that nonprofits in San Angelo if they're trying to use this get a discounted rate period because what happens is and and these guys have done an amazing job bringing in events to San Angelo and we as a community member we can see the increase in things just in the last two years or so and it's great but what's happening is all the small nonprofits that are operating in San Angelo can't afford to do what we have always done I mean City and Sabbath boom business for 11 years and we're getting to the point now because of the rates for venue rentals that it's getting cost prohibitive to even do what we do so that's where we stand right that's I'll have any other questions for him yes you may Harry I would say this particularly wonderful job introduces a lot of young people to

[1:55:19] something they probably wouldn't get the opportunity in a community this size but also think that unless we've got a policy in place that states all nonprofits are going to get a discount this organization this group up here really only can do one thing and that is say hey we've got to we've got to do what the policy says and so from my perspective I got to go with a recommendation of of the staff okay I do have a motion is that a motion Harry motion do you want to clarify that motion just so everyone's sure what you're saying we've moved to approve as presented by by the staff is there a second I'll second it is it public comment no public comment we'll take a vote on in favor of the recommendation by the Civic advance say aye aye any opposed motion passes thank you first time are we currently looking at the nonprofit issue will be discussed at a later time and when we asked for a future agenda items is that all you have for us today it's your birthday you're wrapping up Thank You Sydney job well done we are going to go into executive session executive session on the provision of Government Code title fie upon government ethics subtitle a open government chapter five five one Open Meetings subchapter D exceptions to requirement that meetings be open under the following sections a section 55 1.07 to deliberations about real property regarding properties in block 24 Mills Paul Edition at this time period which is 1046 we will adjourn for

[1:57:24] closed session 20 minutes 20 months it will be gone about 20 minutes it will be a fast one back to order at 11:20 a.m. no decisions discussions from the closed executive session follow-up in administrative issues consider items discussed an executive session nothing needed and then consider approving the following board nominations Animal Services Commission Tom our SMD six to an unexpired term ending January 2009 do I have a motion to approve him in second all in favor aye Planning Commission luc York SMD 1 2 an unexpired term ending January 2 2020 do I have a motion to approve okay all in favor okay all right and then items see announcements and consideration of future agenda items yes Teresa my staff has been conducting trainings with various boards we've conducted training with the animal services board as well as the Civic events board and we're planning on going to the parks board in the near future on topics that are specific to boards that are not common in normal society I guess and for instance one of those topics that's come up recently across my desk is your recusal from the meeting on the sulfur draw line and why we voted on that twice and when you participated in the other you didn't and just to summarize that is whether or not you guys have a conflict depends upon whether you have an interest that's different than a common citizen so for instance on a general contract for a sewer line everybody has the same interest on that when it becomes a discussion about the sewer line going in front of specific houses

[1:59:26] if you're one of those specific houses and may go in front of then it becomes more about your property so that for just as an example is one of the issues that we can provide more training on when those Kahn like Sakr and how we make the determination on when you should recuse yourself and when you shouldn't some other topics that you might be interested in hearing from us from and I'm bringing this up now because we're fixing to go into workshop sessions with the budget we could have mini trainings during that or we could have a more full training like we're doing it other boards I'm doing across the state of Texas right now purchasing in public corruption presentation that we could do a mini version of there's also numerous issues regarding Open Meetings Code of Ethics and the procedures just as some examples also more information on purchasing and contracting if you were interested in that so you don't have to give me your ideas today but if you do have ideas going forward on training you like myself or my staff to give to us City Council we would be happy to do that great thank you thanks for that clarification also on the Salford raw thank you with that are there any other consideration for future agenda items Harry I see a hand just an announcement city staff and myself will have a town hall meeting on January the 29th on Avenue P drainage issues we have a determined yet what the location may be evil so we'll make that determination than the next week or so and let citizens don't thank you and also I believe that there's going to be a food truck meeting January the 30th so for those of you who have areas where food trucks or you know citizens who have food trucks we need to ask them to attend that meeting because it will clarify rules regulations on food trucks okay and again we want to make sure everybody heard that on January the 18th

[2:01:29] will be a public forum for the CIP for the next five years so I encourage any City Council members and citizens to attend that meeting it becomes yes Brian I see a hand well I just wanted to also make mention that our next meeting was originally scheduled for the 16th but it has been back to the 23rd that will be January 23rd our next city council meeting then we should be going back to our normal walk first and third Tuesday of the month but again repeat the January 18th CIP so important meeting and look forward to that any other announcements Tom Lane Lucy Billy no okay yeah I do want to briefly just mention that Monday is Martin Luther King holiday so see the offices will be closed and I just want to make sure everybody knows that because people do Tennessee City Hall in wanting service but regardless we'll be back the on the Tuesday okay trash ash services I believe trash services should be running regular I did what you think on that now we'll put a report out because it may be running a one day behind so okay okay so do I have a move yes and I'm sure everybody's in favor aye no opposed thank you

Captured 2026-07-26 · source: youtube.com/watch?v=fnwvcj5gX94