city council january 3, 2012 agenda packet

City Council Agenda of 6 January 3, 2012

NOTICE OF A PUBLIC MEETING

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

9:00 A.M. - Tuesday, January 3, 2012 McNease Convention Center, South Meeting Room

500 Rio Concho Drive THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES. ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK, ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING. City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. every day for two weeks beginning on the Thursday after each meeting.

As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate” Thank You!

I. OPEN SESSION (9:00 A.M.)

A. Call to Order

B. Prayer and Pledge

"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.” C. Proclamation

“Crime Stoppers’ Month in San Angelo”, January 2012, to be accepted Crime Stoppers’ representatives Linda Ashton and Gary Samad

D. Public Comment

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

II. CONSENT AGENDA 1. Consideration of approving the December 20, 2011 City Council Regular meeting minutes 2. Consideration of authorizing the sale of the following properties for the appraised value and authorizing

the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject properties, subject to completion of all curative requirements: a. 3253 Red Bluff Road West (Lewis) b. 3045 Red Bluff Road (Crumrine)

3. Consideration of approving a residential lease renewal at Lot 37, Group Shady Point, 1902 Shady Point Circle (Cain), and authorizing the Water Utilities Director to execute the same

4. Consideration of authorizing the Mayor to execute a letter of support on behalf of the City for application for Lone Star Legacy Park status with the Texas Recreation and Park Society for Civic League Park


5. Consideration of approving recommendations by City of San Angelo Development Corporation on matters relating to the following contracts: a. Consideration of approving a contract by and between the City of San Angelo Development

Corporation (COSADC) and the San Angelo Chamber of Commerce making provision for a marketing and recruitment program to be conducted by the Chamber of Commerce for purposes of promoting the City of San Angelo as a prime location for industry and service sector primary job growth and investment fostering economic development, and authorizing execution thereof

b. Consideration of authorizing the City Manager to execute a contract with the City of San Angelo Development Corporation (COSADC) for the provision of Neighborhood and Family Services Department administrative services by use of City personnel and for reimbursement therefore to City from the COSADC, and authorizing execution thereof

c. Consideration of authorizing the City Manager to execute a contract with the City of San Angelo Development Corporation (COSADC) for the provision of administrative services for COSADC by use of City personnel and for reimbursement therefore to City from the COSADC, and authorizing execution thereof

6. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-19: Maranatha Church AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 80 East 18th Street, on the northwest corner of East 18th Street and Henderson Street, specifically the Lasker Addition, Block 29, Lot 9, in north central San Angelo, changing the zoning classification from Two-Family Residential (RS-2) District to Low Rise Multifamily Residential (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

7. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-20: Norman Dierschke AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 3902 Coliseum Drive, specifically occupying Mather Addition No. 2, S 50’ of W. 139.4’ of Block 1, changing the zoning classification from Single Family Residential (RS-1) to Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

8. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-22: San Angelo Independent School District AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 323 Penrose Street on the southwest corner of Penrose Street and Fort McKavett Road, specifically occupying 3 Acres of G.


Blum Survey A-0059 S-0166, changing the zoning classification from Single Family Residential (RS-1) to High Rise Multi-Family Residential (RM-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

9. Second hearing and consideration of adoption of an Ordinance amending the Downtown Development District AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES BY AMENDING SECTION 12.1005 ENTITLED “MAP” OF ARTICLE 12.1000 ENTITLED “DOWNTOWN DEVELOPMENT DISTRICT”, PROVIDING A NEW MAP THAT EXPANDS THE AREA OF THE DOWNTOWN DEVELOPMENT DISTRICT; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE

10. Second Hearing and consideration of adoption of an Ordinance amending established boundaries of Single Member District 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER 4 FOR THE PURPOSE OF INCORPORATING NEWLY ANNEXED AREAS INTO SAID DISTRICT, PROVIDING FOR PRECLEARANCE AND ALL OTHER NECESSARY ACTIONS; AND PROVIDING FOR AN EFFECTIVE DATE

11. Second hearing and consideration of adoption of an Ordinance amending the 2011-2012 Budget for encumbrances, restricted and dedicated moneys, incomplete projects, and grants AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR ENCUMBRANCES, RESTRICTED AND DEDICATED MONEYS, NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS

III. REGULAR AGENDA:

F. EXECUTIVE/CLOSED SESSION

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

G. PUBLIC HEARING AND COMMENT

12. Second hearing and consideration of adoption of an Ordinance regarding Merchandising, Advertising, and Signs AN ORDINANCE OF THE CITY COUNCIL OF SAN ANGELO, AMENDING CHAPTER 9, ENTITLED “LAKES, PARKS AND RECREATION AREAS”, ARTICLE 9.200, ENTITLED “PARKS”, BY REPEALING SECTION 9.207, ENTITLED “MERCHANDIZING, ADVERTISING AND SIGN”, ENACTING A NEW SECTION 9.207, ENTITLED “PROHIBITED SALES, ADVERTISING AND SIGNAGE ON PARK PROPERTY; EXCEPTIONS”; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY; AND, PROVIDING FOR AN EFFECTIVE DATE (Presentation by Parks and Recreation Director Carl White)

13. Second public hearing and consideration of adoption of an Ordinance amending the Tax Increment Reinvestment Zone


AN ORDINANCE AMENDING CHAPTER 12.900 ENTITLED “TAX INCREMENT REINVESTMENT ZONE” OF THE SAN ANGELO CODE OF ORDINANCES BY AMENDING SECTION 12.902, ENTITLED “TAX INCREMENT REINVESTMENT ZONE BOUNDARIES”; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE (Presentation by Community and Economic Development Director Shawn Lewis)

14. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-23: First Financial Bank AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: The Homestead, Sections One-A and One-B, Block 1, Lots 3 thru 10, 12 thru 20, 22, 25, 26, 29 and 30, and Block 2, Lots 19 and 20, south of Twin Mountain Drive at Massenburg Drive, in south western San Angelo, changing the zoning classification from Planned Development (PD) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver)

15. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-24: City of San Angelo AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: The Homestead, Sections One-A and One-B, Block 1, Lots 1, 2, 11, 21, 23, 24, 27, 28, and 31 thru 34, and Block 2, Lot 21, south of Twin Mountain Drive at Massenburg Drive, in south western San Angelo, changing the zoning classification from Planned Development (PD) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver)

16. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-21: Titan Investments, LLC AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 334 WEST CONCHO AVENUE, APPROXIMATELY 158 FEET EAST FROM THE INTERSECTION OF SOUTH ABE STREET AND WEST CONCHO AVENUE, SAN ANGELO ADDITION, BLOCK 31, LOT 8 AND THE EAST 15 FEET OF LOT 9, CHANGING THE ZONING CLASSIFICATION FROM OFFICE COMMERCIAL (CO) TO HISTORIC OVERLAY (OH) DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver)


17. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo SU 11-04: William Sartain AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 20 N. Bell Street at the southeast corner of the intersection of N. Bell Street and Preusser Street, specifically occupying Eckert’s Addition, Block 1, Lot 1 in eastern San Angelo. Amending the current Special Use 06-02 on the site that currently allows sales of automobiles and light trucks, to add an allowance for trailer sales, excluding Semi-trailers and sea containers, on property in a Neighborhood Commercial (CN) district; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver)

18. Consideration of authorizing staff to negotiate a lease agreement with the People Plant Connection for the development of a community garden at Rio Vista Park (Presentation by Parks and Recreation Director Carl White)

19. Presentation and update on the Hickory Aquifer Water Supply Project (Presentation by Water Utilities Director Will Wilde)

20. Consideration of matters related to Request for Proposal HR-03-11: a. Discussion of proposals submitted for Request for Proposal HR-03-11 for Individual and Aggregate

Stop Loss insurance. b. Consideration of selecting Benefit Provider related to Request for Proposal HR-03-11 and

authorizing staff to negotiate a contract, and authorizing the City Manager to execute said contract and any related documents

(Presentation by Human Resources Director Lisa Marley)

H. FOLLOW UP AND ADMINISTRATIVE ISSUES

21. Consideration of matters discussed in Executive/Session, if needed 22. Consideration and possible action regarding a recommendation by the City of San Angelo

Development Corporation (COSADC) Board to amend the City of San Angelo Development Corporation Guidelines For Job Creation Assistance section entitled Eligibility of Applicants and revising outdated contact information (Presentation by Development Coordinator Robert Schneeman)

23. Consideration of an offer of economic incentives to a medical device company considering locating in San Angelo including, but not limited to, a tax rebate, job creation grant, building renovation grant and lease assistance and any action in connection thereto

24. Consideration of various Board nominations by Council and designated Councilmembers: a. Animal Service Advisory Committee: Reba Colburn (SMD1) to a 1st term through January 2014

25. Consideration of Future Agenda Items 26. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Thursday, December 29, 2011, at 5:00 P.M.


_/s/_______________________ Bryan Kendrick, Deputy City Clerk

P R O C L A M A T I O N WHEREAS, Crime Stoppers of San Angelo, Inc. is a community program that relies on the

citizens and media to assist law enforcement with unsolved crimes and locating wanted fugitives in San Angelo and the surrounding area; and

WHEREAS, Crime Stoppers of San Angelo, Inc. will be hosting a reception on Thursday,

January 12, 2012 at the Southland Baptist Church to celebrate their 30th Anniversary of helping fight crime in our community; and

WHEREAS, In 2011, Crime Stoppers of San Angelo, Inc. received over 2,000 calls which

resulted in 75 cleared cases, 65 arrests of individuals, and over $8,000 in stolen property and narcotics recovered in the San Angelo area; and

WHEREAS, Since its inception in 1981, Crime Stoppers of San Anglo, Inc. has paid out over

$275,000 in reward money and recovered/seized $6,576,000 in stolen property and narcotics as a direct result of Crime Stoppers efforts in San Angelo; and

WHEREAS, Crime Stoppers of San Angelo, Inc. is an important tool for local law enforcement

because it raises community awareness of the problem of crime in San Angelo and the surrounding area.

NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim the month of January 2012 as CRIME STOPPERS’ MONTH IN SAN ANGELO and urge all citizens to take an active role in helping to solve crimes and apprehend known fugitives by reporting information that will help law enforcement.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 3rd day of January, 2012. THE CITY OF SAN ANGELO

____________________________________ ALVIN NEW, MAYOR

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 163 Tuesday, December 20, 2011 Vol. 103

OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, December 20, 2011, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized members of the Council, to-wit:

Mayor, Alvin New Councilmember Paul Alexander Councilmember Dwain Morrison Councilmember Johnny Silvas Councilmember Fredd B. Adams, II Councilmember Kendall Hirschfeld Councilmember Charlotte Farmer

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

An invocation was given by Rev. William Hickman of Maranatha Church and pledge was led by Glenn Jr. High School Student Council.

RECOGNITIONS

“2011 Sports Complex of the Year”, by the Texas Turfgrass Association at the Annual Winter Conference and Awards was accepted by Parks Employees: Roger Havlak, Parks Superintendent, Mike Hitchcock, Deputy Superintendent), Sean Nelsen, Sports Field Coordinator, Stephen Conley, Irrigation Supervisor, Ben Wilha, Senior Irrigation Technician, Jason Campbell, Texas Bank Sports Complex Crew Leader, Gilbert Pedroza, Senior Maintenance Worker, Sean McCallum, Senior Maintenance Worker, Henry Rodriquez, Maintenance Worker, Marcus Hinojosa, Maintenance Worker, and Marvin Williams, Maintenance Worker

“2011 George C. Askew Award” for the “The Lake Nasworthy Parks Plan,” by the American Academy of Certified Public Managers, was accepted by Carl White, Parks and Recreation Director, and Anthony Wilson, Civic Events Manager

PUBLIC COMMENT

Public comment was made by Citizen Dale Carnes regarding the time TrashAway empties trash receptacles.

CONSENT AGENDA

APPROVAL OF THE DECEMBER 6, 2011 CITY COUNCIL REGULAR MEETING MINUTES AWARD OF BID WU-15-11 FOR SODIUM HYPOCHLORITE TO ALTIVIA CORPORATION (HOUSTON, TX) IN THE AMOUNT OF $62,060.00 AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS AWARD OF BID PRO-03-11 FOR THE SALE OF PROPERTY FIRE STATION #7 TO RICHARD SALMON (SAN ANGELO, TX), IN THE AMOUNT OF $136,600.00 AND AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE CONTACT OF SALE AND ANY NECESSARY RELATED DOCUMENTS

Minutes Vol. 103 December 20, 2011 ADOPTION OF RESOLUTIONS AUTHORIZING THE MAYOR TO EXECUTE TAX DEEDS FOR THE SALE OF TAX LOTS:

1142 E 26th Street, (Duran), Lot 11, Block ‘J’, Bradford Annex Addition, $1,700, Suit No. B-05-0194-T (ANNEX A, PAGE , RESOLUTION #2011-12-133R) 1011 E 22nd Street, (Duran), Lot 5 & W ½ of Lot 6, Block 25, Exall Addition, $1,800, Suit No. B-030094-T (ANNEX B, PAGE , RESOLUTION #2011-12-134R) 802 E 22nd Street, (Duran), Lot 15 & 16, Block 28, Exall Addition, $3,000, Suit No. C-08-0030-T (ANNEX C, PAGE , RESOLUTION #2011-12-135R) Near 2321 Juanita Avenue, (Duran) Lot 9, Block 17, Forest Park Addition, $1,800, Suit No. TAX90-0412B (ANNEX D, PAGE , RESOLUTION #2011-12-136R) Near 2321 Juanita Avenue (2), (Duran) Lot 10, Block 17, Forest Park Addition, $1,900, Suit No. B-06-0145-T (ANNEX E, PAGE , RESOLUTION #2011-12-137R) 2508 Lindell Avenue, (Duran), Lot 3, Block 32, Forest Park Addition, $1,600, Suit No. B-06-0211-T (ANNEX F, PAGE , RESOLUTION #2011-12-138R) AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE TASK ORDER NO. 18, AND ALL RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND KSA ENGINEERS FOR ARCHITECTURAL/ENGINEERING SERVICES ASSOCIATED WITH THE AIRPORT LAYOUT PLAN (ALP) UPDATE IN THE AMOUNT OF $161,998.00 AT SAN ANGELO REGIONAL AIRPORT APPROVAL OF A MUTUAL AID AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND THE CONCHO VALLEY REGIONAL ADVISORY COUNCIL (CVRAC), AUTHORIZING SHARING OF THE COSTS OF WEBEOC, A WEB BASED COMMUNICATIONS SOFTWARE, THAT ALLOWS FOR SECURE, REAL-TIME ACCESS TO EMERGENCY RESPONSE INFORMATION AND COMMUNICATIONS, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SAID AGREEMENT SECOND HEARING AND ADOPTION OF AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, PROVIDING FOR THE ANNEXATION OF TERRITORY GENERALLY DESCRIBED TO BE APPROXIMATELY 1310 TOTAL ACRES LOCATED NORTHEAST OF THE EXISTING CITY’S CORPORATE LIMITS, COMPOSED OF THE FOLLOWING: 128 ACRES OUT OF J. FENNER SURVEY 1, 77 ACRES OUT OF BULLOCK SURVEY 10, 329 ACRES OUT OF MRS. JULIA A. EGGLESTONE SURVEY 2, 29 ACRES OUT OF J. POINTEVENT SURVEY 1113, 653 ACRES OUT OF WASHINGTON COUNTY RAILROAD CO. SURVEYS 178 AND 179, AND 94 ACRES OF HIGHWAY AND RAILROAD RIGHT-OF-WAY, IN TOM GREEN COUNTY, TEXAS, BEING WITHIN THE EXTRA TERRITORIAL JURISDICTION OF THE CITY AND ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF SAN ANGELO; FINDING THAT ALL NECESSARY AND LEGALLY REQUIRED CONDITIONS HAVE BEEN SATISFIED; DESCRIBING THE TERRITORY ANNEXED AND EXTENDING THE CORPORATE LIMITS OF THE CITY OF SAN ANGELO, TEXAS TO INCLUDE THE ANNEXED TERRITORY; PROVIDING A SERVICE PLAN THEREFORE; OBLIGATING THE PROPERTY SITUATED THEREIN TO BEAR ITS PRO-RATA PART OF TAXES LEVIED; PROVIDING RIGHTS AND PRIVILEGES AS WELL AS DUTIES AND RESPONSIBILITIES OF INHABITANTS AND OWNERS OF SAID TERRITORY; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (ANNEX G, PAGE , ORDINANCE #2011-12-139) APPROVAL OF A RECOMMENDATION BY THE TAX INCREMENT REINVESTMENT ZONE BOARD (TIRZ) TO PURCHASE A TOTAL OF 30 TRASH RECEPTACLES FOR THE DOWNTOWN AREA IN CONJUNCTION WITH DOWNTOWN SAN ANGELO, INC. THE TOTAL EXPENDITURE BY TIRZ BEING $17,995.00 Motion, to approve the Consent Agenda, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Motion carried unanimously.

Minutes Page 165 December 20, 2011 Vol. 103 REGULAR AGENDA: PUBLIC HEARING AND COMMENT

PRESENTATION ON THE SANTA FE MUNICIPAL GOLF COURSE BY TWO PRO MANAGEMENT, INCLUDING AN UPDATE ON IMPROVEMENTS AND PROGRAMS Parks and Recreation Director Carl White and Two Pro Management representatives Kevin Collins and Dwain Pass presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. General discussion was held on lease between the City and Two Pro Management, future water sources, advertisement possibility, concessionaire, programs, and future potential revenue efforts. PRESENTATION AND UPDATE ON THE DOWNTOWN SAN ANGELO MAIN STREET PROGRAM DSA Executive Director Genora Young presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. General discussion was held on the DSA and Central Business district areas, sales tax collection, stationary maps,

RECESS

At 10:26 A.M., Mayor New called a recess.

RECONVENE

At 10:47 A.M., Council reconvened, and the following business was transacted: UPDATE ON PARTICIPATION AND STATUS OF EMPLOYEE WELLNESS PROGRAM Human Resources and Risk Management Director Lisa Marley and Wellness Coordinator Christy Nesbitt, R.N. presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO Z 11-19: Maranatha Church AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 80 East 18th Street, on the northwest corner of East 18th Street and Henderson Street, specifically the Lasker Addition, Block 29, Lot 9, in north central San Angelo, changing the zoning classification from Two-Family Residential (RS-2) District to Low Rise Multifamily Residential (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by Councilmember Silvas. Motion carried unanimously. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO Z 11-20: Norman Dierschke AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES WHICH SAID EXHIBIT “A” OF CHAPTER 12

Minutes Vol. 103 December 20, 2011 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 3902 Coliseum Drive, specifically occupying Mather Addition No. 2, S 50’ of W. 139.4’ of Block 1, changing the zoning classification from Single Family Residential (RS-1) to Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld. Public comments were made by Proponent Norman Dierschke. A vote was taken on the motion on the floor. Motion carried unanimously. CONSIDERATION OF THE FOLLOWING MATTERS RELATED TO THE EARLY RETIREE REINSURANCE PROGRAM (ERRP) REIMBURSEMENT FUNDS

• ACCEPTANCE OF ERRP FUNDS Human Resources and Risk Management Director Lisa Marley presented background information. Motion, to accept the funds, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Morrison. Motion carried unanimously.

• DISCUSSION AND POSSIBLE ACTION REGARDING ALLOCATION FOR USE OF ERRP FUNDS RECEIVED IN THE AMOUNT OF $343,287.50 AND BASED ON THE 2010 HEALTH INSURANCE CLAIMS

Human Resources and Risk Management Director Lisa Marley and City Manager Harold Dominguez presented background information. Mr. Dominguez commented on the stabilization funds at currently at 63 days, ideal is 75, goal is 90. Staff recommends allocation to stabilization of the self insurance fund. General discussion was held to allocate funds in a specific fund to assist with rate fluctuations in order to stabilize future increases. Ms. Marley stated a Reimbursement Line Item for rate stabilization has been set up for the specific use of the ERRP funds and the account use must meet specific criteria and audit trail methods. Mr. Dane suggested moving the same amount into another account in order to utilize those funds as unrestricted funds. Motion, to allocate Early Retiree Reinsurance Program (ERRP) Reimbursement Funds in the amount of $343,287.50 to the Self Insurance fund to be used as reimbursement funds; with the understanding to utilize equal funds for catastrophic claims experience and rate stability, was made by Councilmember Farmer and seconded by Councilmember Hirschfeld. Council requested a future item to consider designating the number of days for the self insurance fund balance in order to build the fund accordingly. Public comments were made by Lt. Steve Wilson regarding the guarantee to employees that the future increases will be paid from this account and Retiree Russell Smith. A vote was taken on the motion on the floor. AYE: New, Alexander, Silvas, Adams, Hirschfeld, and Farmer. NAY: Councilmember Morrison. Motion carried 5-1.

RECESS At 12:40 P.M., Mayor New called a recess.

Minutes Page 167 December 20, 2011 Vol. 103 EXECUTIVE/CLOSED SESSION Council did not convene in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property; and, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo.

RECONVENE At 1:17 P.M., Council reconvened, and the following business was transacted: SECOND PUBLIC HEARING AND FAILURE OF ADOPTION OF AN ORDINANCE AMENDING THE TAX INCREMENT REINVESTMENT ZONE AN ORDINANCE AMENDING CHAPTER 12.900 ENTITLED “TAX INCREMENT REINVESTMENT ZONE” OF THE SAN ANGELO CODE OF ORDINANCES BY AMENDING SECTION 12.902, ENTITLED “TAX INCREMENT REINVESTMENT ZONE BOUNDARIES”; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE City Manager Harold Dominguez presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. Motion, to adopt the Ordinance, was made by Councilmember Morrison and seconded by Councilmember Silvas. AYE: Morrison, Silvas, and Farmer. NAY: New, Alexander, and Hirschfeld. Motion failed. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER 4 FOR THE PURPOSE OF INCORPORATING NEWLY ANNEXED AREAS INTO SAID DISTRICT, PROVIDING FOR PRECLEARANCE AND ALL OTHER NECESSARY ACTIONS; AND PROVIDING FOR AN EFFECTIVE DATE City Clerk Alicia Ramirez presented background information. Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by Councilmember Silvas. Motion carried unanimously. PUBLIC HEARING AND ADOPTION OF A RESOLUTION DECLARING TAXABLE BY THE CITY OF SAN ANGELO ALL GOODS-IN-TRANSIT AS COVERED BY THE TEXAS PROPERTY TAX CODE, SECTION 11.253 FOR TAX YEAR 2012 AND FOR EVERY TAX YEAR THEREAFTER (ANNEX H, PAGE , RESOLUTION #2011-12-140R) Finance Director Michael Dane presented background information. Motion, to adopt the Resolution, as presented, was made by Councilmember Farmer and seconded by Councilmember Morrison. Motion carried unanimously. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2011-2012 BUDGET FOR ENCUMBRANCES, RESTRICTED AND DEDICATED MONEYS, INCOMPLETE PROJECTS, AND GRANTS AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR ENCUMBRANCES, RESTRICTED AND DEDICATED MONEYS, NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS Finance Director Michael Dane presented background information.

Minutes Vol. 103 December 20, 2011 Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded by Councilmember Hirschfeld. Motion carried unanimously. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO

Z 11-22: San Angelo Independent School District

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

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

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

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE DOWNTOWN DEVELOPMENT DISTRICT

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

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

General discussion was held on the approval and intent of the map, the master developer concept, and bringing all the City plans together to work from collectively.

Motion, to approve the map, as presented, was made by Councilmember Silvas and seconded by Councilmember Farmer. Motion carried unanimously.

POSTPONEMENT OF CONSIDERATION AND POSSIBLE ACTION REGARDING A RECOMMENDATION BY THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION (COSADC) BOARD TO AMEND THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION GUIDELINES FOR JOB CREATION ASSISTANCE SECTION ENTITLED ELIGIBILITY OF APPLICANTS AND REVISING OUTDATED CONTACT INFORMATION

Councilmember Hirschfeld requested postponement of this item. Council concurred.

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE REGARDING MERCHANDISING, ADVERTISING, AND SIGNS

AN ORDINANCE OF THE CITY COUNCIL OF SAN ANGELO, AMENDING CHAPTER 9, ENTITLED “LAKES, PARKS AND RECREATION AREAS”, ARTICLE 9.200, ENTITLED “PARKS”, BY REPEALING SECTION 9.207, ENTITLED “MERCHANDIZING, ADVERTISING AND SIGN”,

Minutes Page 169 December 20, 2011 Vol. 103 ENACTING A NEW SECTION 9.207, ENTITLED “PROHIBITED SALES, ADVERTISING AND SIGNAGE ON PARK PROPERTY; EXCEPTIONS”; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY; AND, PROVIDING FOR AN EFFECTIVE DATE

Parks and Recreation Director Carl White presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

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

DISCUSSION AND POSSIBLE ACTION ON THE CITY OF SAN ANGELO’S NOISE ORDINANCE AND RELATED MATTERS

City Manager Harold Dominguez and City Attorney Lysia H. Bowling presented background information.

Councilmember Farmer commented on the clarification of the Police Officer’s duty to the City or business owner, decibel levels and the testing of such levels from the origination point or complainant point, and processing payment of such security assignments through the City coffers.

Responding to the concerns, Chief of Police Tim Vasquez explained the duty of any officer is to the City and the State Law, payroll related issues regarding overtime, benefit loaded costs, worker’s compensation, conduct immunity, or any liability;

Mr. Dominguez stated the processing of payment will be a loaded cost reaching from 30 to 50 per hour. Counter complaints will be handled through the judicial process

Ms. Bowling commented on various sample ordinances, specifically noting what other cities have examined and accomplished.

General discussion was held on the technical aspect of the issue, the further review by a professional in this field, the complainant’s constitutional rights, failure to make an official complainant,

FOLLOW UP AND ADMINISTRATIVE ISSUES

CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION

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

POSTPONEMENT ON THE APPROVAL OF AN OFFER OF ECONOMIC INCENTIVES TO A MEDICAL DEVICE COMPANY CONSIDERING LOCATING IN SAN ANGELO INCLUDING, BUT NOT LIMITED TO, A TAX REBATE, JOB CREATION GRANT, BUILDING RENOVATION GRANT AND LEASE ASSISTANCE

APPROVAL OF VARIOUS BOARD NOMINATIONS BY COUNCIL AND DESIGNATED COUNCILMEMBERS:

Civic Events Board: Bridget Carr (SMD6) to a 1st full term October 2014 Planning Commission: Darlene Jones (SMD6) to an unexpired term January 2014

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

CONSIDERATION OF FUTURE AGENDA ITEMS

City Manager Harold Dominguez distributed the proposed January 3, 2012 Agenda and solicited Council comments and suggestions.

Minutes Vol. 103 December 20, 2011 Mayor New will not be available on Jan 3.

ADJOURNMENT

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

The meeting adjourned at 3:15 P.M.

THE CITY OF SAN ANGELO ___________________________________ Alvin New, Mayor

ATTEST: _______________________________ Alicia Ramirez, City Clerk Annexes A-G In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording may be distorted due to equipment malfunction or other uncontrollable factors.)

City of San Angelo

Memo Date: December 16, 2011

To: Mayor and Councilmembers

From: Will Wilde, Water Utilities Director

Subject: Agenda Item for January 3, 2012 Council Meeting

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

Caption: Consent Item

Consideration of authorizing the sale of the following residential properties for the appraised value and authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject properties, subject to completion of all curative requirements.

Summary: Lewis 3253 Red Bluff Road West Lot 111, Group Red Bluff $76,900 Crumrine 3045 Red Bluff Road Lot 66, Group Red Bluff $46,900 Otho 2626 Sleepy Hollow Road Lot 11, Fishermans Road $92,734 Ellis 2041 American Legion Lot 22, Group 2 $93,655 History: None.

Financial Impact: Proceeds from the sale of lake lots go into the Lake Nasworthy Trust Fund. Related Vision Item (if applicable): None. Other Information/Recommendation: If the sale is approved at the appraised value, a title examination will be performed and legal staff will prepare a Real Estate Contract of Sale, Special Warranty Deed and Surrender of Lease, as previously approved by City Council. Staff recommends approval. Attachments: Appraisal Report (Lewis; Crumrine; Otho; Ellis) Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, December 16, 2011.

City of San Angelo



From: Will Wilde, Water Utilities Director

Subject: Consent Item for January 3, 2012 Council Meeting

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

Caption: Consideration of approving a residential lease renewal with Chris Cain at Lot 37, Group Shady Point, 1902 Shady Point Circle, and authorizing the Water Utilities Director to execute the same.

Summary: The leaseholder’s current lease expires in 2044 and they would like to execute a new 40

year lease for financing purposes. History: Lease fees are current and there are no issues with the lease on this tract.

Financial Impact: Current lease fees: 2004-2013 $744.00 2014-2023 $893.00 2024-2044 Market Value New lease fees: 2012-2013 $863.00 2014-2023 $893.00 2016-2050 Market Value Related Vision Item (if applicable): None. Other Information/Recommendation: It is recommended that the lease renewal be approved and the Water Utilities Director be authorized to execute the lease. Attachments: Lease Renewal (Chris Cain) Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, December 15, 2011.

LAKE NASWORTHY RESIDENTIAL LOT LEASE

This lease is made and entered into by and between the CITY OF SAN ANGELO, a Texas municipal corporation, ("Lessor"), whose address is P.O. Box 1751, San Angelo, Tom Green County, Texas 76902, and Chris Cain whose address is1902 Shady Point Circle.

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

Lot 37, Group Shady Point, Lake Nasworthy Addition, according to the map or plat of said Lake Nasworthy Campsites in the custody of the Water Utilities Department of the City of San Angelo (also commonly known as 1902 Shady Point Circle).

II. TERM, FEES AND RENT

FIXED COMMENCEMENT AND TERMINATION DATE

2.1 This lease is granted for a period of forty (40) years beginning January 1, 2012 and ending December 31, 2051, in consideration of the initial payment of $150.00, which payment includes the granting fee, receipt of which payment is hereby acknowledged, and the further consideration of Lessee's payment of future annual rent in accordance with subsequent paragraphs hereof and Lessee's compliance with the stipulations and conditions hereinafter set forth.

TIME AND MANNER OF PAYMENT 2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities Department, P.O. Box 1751, San Angelo, Texas, 76903, or at such other place as Lessor may from time to time designate by written notice to Lessee. Such rent shall be paid annually on or before July 1 during the term of this lease in accordance with the following schedule: Dates Annual Rent For the Years 2012 Through 2013 $863 For the Years 2014 Through 2023 $893

For the Years 2016 Through 2050 Market Value * * Annual rent shall be the appraised market value of the leased premises multiplied by a factor of 0.08. Such appraised market value shall be determined and adjusted in accordance with applicable City ordinances in effect at the time of execution of this lease.

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

HOLD OVER 2.4 Any holding over by Lessee of the herein leased premises after the expiration of this lease shall operate and be construed only as a tenancy from month to month, terminable at the will of Lessor.

III. DEBTS RELATED TO LEASED PREMISES

UTILITIES 3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such charges shall, at the option of Lessor, result in forfeiture of this lease.

TAXES 3.2 It is further understood and agreed that Lessee shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this lease may be levied on or assessed against the leased premises and all interest therein and all improvements and other property thereon, whether belonging to Lessor or Leaser to which either of them may become liable. Lessee shall pay all such taxes, charges, and assessments to the public officer charged with the collection thereof not less than fifteen (15) days before the same shall become delinquent, and Lessee agrees to indemnify and save harmless Lessor from all such taxes, charges and assessments. Failure to pay such taxes and special assessments as provided herein shall, at the option of Lessor, result in forfeiture of this lease.

WATER, SEWAGE, PAVING IMPROVEMENTS 3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the vicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost of

laying said line or lines as established by and in accordance with city policies then in existence. 3.4 Lessee expressly agrees that if city water or sewer lines are ever located within 200 feet of the leased premises, Lessee will tie on to such service at its own expense at the price established for that specific Lake Nasworthy area. 3.5 In the event the Lessor institutes a paving program abutting the leased premises, Lessee shall pay his pro rata share of paving, curb and gutter costs pursuant to prevailing city policies.

IV. RULES AND REGULATIONS 4.1 The rules and regulations provided in those certain ordinances of the City Council of the City of San Angelo, ("Council"), adopted April 2, 1951, and now known as the Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendments adopted heretofore or hereafter are expressly incorporated herein by reference as terms and conditions of this lease. This lease is expressly made subject to any ordinances adopted in the future by the Council for the regulation of Lake Nasworthy and surrounding property, including but not limited to, safety, sanitation, and ecological requirements. Any breach of said rules and regulations shall, at the option of the Lessor, result in forfeiture of this lease. This lease will be managed by the Water Utilities Department of the City of San Angelo subject to the approval of the Council.

V. USE OF LEASED PREMISES

CONSTRUCTION BY LESSEE 5.1 The premises shall be used only for a single family residence and lawful uses incidental thereto, and in this connection the following shall be applicable:

a. No structure shall be constructed in excess of two stories in height.

b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2 foot elevation line.

c. No housetrailer, shack, tent, or temporary residence of any type shall be permitted on the leased premises, and no garage or other accessory building shall be used as a residence.

d. All structures shall have a foundation that complies with Lessor's building code.

e. No outside toilets shall be constructed or maintained on leased premises, and all plumbing shall be connected with a sanitary sewer or with a septic tank which complies in all respects to all state, county and city sanitation regulations and

requirements. No septic tank shall be placed, constructed, or maintained nearer than 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to any property line. All wastewater facilities shall conform to all of the City's wastewater ordinances, where applicable. No sewer or drain shall empty into the lake or be constructed so as to flow or wash into the lake. No concrete storm drains may be constructed without the prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable.

f. No structure shall be constructed closer than five (5) feet to any property line.

g. No trees may be removed from the leased premises without the prior written consent of the Water Utilities Director.

h. No improvements or construction work of any kind, including but not limited to, houses, boathouses, piers, pumphouses, water wells, storage buildings, fences, excavations, fills, and other types of structures or improvements, shall be built or performed on leased premises without prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable.

i. Lessee agrees to comply with all provisions of the Official Code of the City of San Angelo ("Code"), as such now exists or may hereafter be amended including, but not limited to, those provisions regarding building permits and permit fees; inspections and fees therefore; building, plumbing, electrical, and fire standards or requirements; and the regulation of septic tanks.

j. After any permit is granted, Lessee expressly agrees that all improvements or construction work shall be built or performed in strict compliance with the terms of the permit and approval granted, that construction shall commence within six (6) months following the date of the permit, and that all construction shall be completed within one (1) year of the date of the permit.

k. Lessee may request from the Council a variance or deviation from any term or condition contained herein.

l. The Council, prior to granting any extension of an existing lease or a new lease covering the leased premises shall have the right to review the leased premises and improvements thereon and submit in writing to the Lessee the requirements, if any, which shall attach to and become a part of this lease, necessary for compliance with the above-mentioned provisions of the Code. Failure of the Lessee to abide by and comply with said requirements will be grounds to terminate this lease or any extension thereof.

RESERVATIONS AND EASEMENTS

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

VI. ENCUMBRANCE OF LEASEHOLD ESTATE

ENCUMBERING LEASEHOLD INTEREST ONLY 6.1 Lessee shall not have the right to encumber the fee simple, but Lessee may request Lessor's written consent (pursuant to article XII of this lease) to encumber the leasehold estate, personal property or improvements made by Lessee which may be removed from the realty without injury to the realty; provided however, that no mortgagee nor anyone who claims by, through or under such mortgage or deed of trust shall, by virtue of such mortgage or deed trust, acquire any greater or more extended rights than Lessee has under this lease but such mortgage or deed of trust shall be in every respect subject, subservient and subordinate to all of the conditions, provisions, requirements, covenants and obligations of this lease. The mortgagee under any such deed of trust or mortgage shall have the right to assume this lease and perform its terms and conditions to protect itself.

NOTICES TO LENDER 6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed of trust has been given and executed by Lessee and furnish Lessor with the address to which it desires copies of notices to be mailed. Lessor agrees to mail to lender or mortgagee or its designated agent or representative, at the address given, a copy of any notice which Lessor gives, mails, or serves on Lessee under the terms of this lease after receipt of such a notice from the lender or mortgagee.

VII. CONDITION OF PREMISES

NO WARRANTY

7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON, INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE.

AVAILABILITY AND USE OF LAKE WATER

7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor the level of water in Lake Nasworthy.

Lessee can use water from the lake, river, and/or wells on the premises for domestic purposes and water of existing trees and shrubs; but no water will be removed from the premises. Use of water for irrigation is expressly prohibited. Lessee shall use water in a conservative manner, and any abusive use of water shall be grounds for denying the use of water to the Lessee. Lessee shall pay the applicable water use charge as set by the Lessor, for water or raw water usage, as the case may be.

VIII. REPAIRS AND MAINTENANCE

LESSEE'S DUTY TO REPAIR AND MAINTAIN 8.1 Lessee agrees to keep and maintain any and all structures erected or caused to be erected or placed on the leased premises in good and tenantable condition, to maintain its appearance, and to landscape and keep said premises cleared of all objectionable matter, things, and vegetation. Leased premises shall not be used for the outside storage of usable materials for unreasonable lengths of time. In the event Lessee shall fail to maintain leased premises in a manner acceptable to Lessor, after notice to Lessee as prescribed by city ordinance, the Lessor shall cause leased premises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost of any such clearing, cleaning, and mowing to be billed to it or added to the next annual rental payment, with interest at the rate of ten percent (10%) per annum beginning thirty (30) days from the date on which the work was completed, and continuing until such cost is paid in full.

DAMAGE OR DESTRUCTION 8.2 The parties hereto acknowledge that the leased premises are within an area subject to overflow and flooding and it is expressly agreed between the parties that neither Lessor nor any of its agents or employees shall be liable to Lessee for any damages caused in any manner, negligent or otherwise, by high water or floods at Lake Nasworthy, nor by the rivers or creeks which serve as its sources of supply or diversion channels, nor by reason of any work deemed necessary in Lessor's sole judgment in the maintenance of said Lake and sources of supply or diversion channels and all damages occasioned thereby are hereby waived, and when Lessor (or any agent thereof) deems it necessary to enter on the leased premises for any of the above purposes, its judgment shall be conclusive.

IX. SUSPENSION OF PRIVILEGES

HEALTH MATTERS 9.1 It is expressly understood and agreed that Lessor may at any time, without notice to Lessee or any mortgagee, suspend or revoke any and all privileges granted herein

for such length of time as in its sole judgment is necessary for the purpose of suppressing or arresting an epidemic of any contagious or infectious disease, or when, in its sole judgment, any suspension of privileges is necessary to protect the health of the water consumers of San Angelo, Texas. In the event privileges are suspended by Lessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease.

PUBLIC PURPOSES

9.2 If Lessor shall deem that leased premises are required for any public purpose or that condemnation is necessary, Lessor shall have the right to terminate this lease by giving ninety (90) days written notice of such termination to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes; and Lessee agrees to promptly deliver possession of leased premises to Lessor; and this lease shall terminate upon the expiration of ninety (90)days after the date of such notice; and in such event Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease.

X. RELEASE 10.1 Lessee expressly releases Lessor, its officers, agents, and employees from any and all claims for damages of any kind by reason of the condition of the premises hereby leased, or any improvements thereon or any damages incurred in the enjoyment or exercise of the privileges granted hereunder, or for damage to its person or property caused by the opening of the gates at Nasworthy Dam, the lowering of the normal water elevation in the lake, or due to flood or high water, or any fluctuating water levels which may arise in the use and operation of Lake Nasworthy, or in the joint use and operation of Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposes of recreation, irrigation, and water supply, or for any other purpose.

XI. INDEMNIFICATION 11.1 Lessee further agrees to indemnify and hold Lessor, its officers, agents, and employees, free and harmless from any claims for damages or injury, including death, to persons or property, or any liability incurred as a result of the exercise of the privileges conferred by this lease, and agrees to reimburse Lessor for any expenses incurred in the defense of any such claim, including reasonable attorney's fees and court costs actually incurred.

XII. TRANSFER, ASSIGNMENT, AND SUBLETTING 12.1 Lessee may not transfer or assign the leased premises, in whole or in part, without the prior written consent of the Lessor, which consent will not be unreasonably withheld. Lessee may not sublet the leased premises, in whole or in part, without the

prior written consent of the Lessor. Any such transfer, assignment or sublease shall be evidenced in writing, properly executed and acknowledged by both parties thereto; a copy shall be delivered to Lessor and the original shall be recorded in the office of the County Clerk of Tom Green County, Texas. It is agreed, however, that each such transfer, assignment or sublease shall be subject to the obligations to Lessor as set forth in this lease and shall not release Lessee or Lessee's obligations under the lease.

XIII. ABANDONMENT, DEFAULT AND REMEDIES

NOTICE OF INTENT TO TERMINATE LEASE 13.1 In the event Lessee shall (1) abandon the premises or (2) default in performance of any of the covenants and conditions required herein to be kept and performed by Lessee and such default continues for a period of thirty (30) days, Lessor shall have the right to terminate this lease. Lessor will give thirty (30) days written notice of its intention to terminate the lease to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes, and Lessee and any mortgagee will have such thirty (30) days within which to cure such default and thereby avoid termination. Notice shall be sufficient if delivered to Lessee at the address specified in this lease or at such other address as Lessee may in writing designate to Lessor. Upon Lessor's election to terminate, this lease shall cease.

POSSESSION 13.2 Lessee agrees at the termination of this lease to deliver possession peacefully to the Lessor or its agents or employees; and if it fails to give peaceful possession, Lessor may take forceful possession of said premises and eject all parties therefrom without being guilty of trespass; and all damages occasioned thereby are hereby waived.

REMOVAL OF IMPROVEMENTS 13.3 All buildings and other improvements placed on the property by Lessee (except trees, shrubs, flowers and plants) which may be removed without injury to the realty shall remain the property of Lessee. It is understood and agreed, however, that buildings and improvements shall be held by the Lessor until all rentals due Lessor by Lessee shall have been paid, and should any amount remain unpaid for more than thirty (30) days after termination of this lease, the Lessor shall have the right to sell such buildings and improvements and apply the proceeds to the amount due Lessor, with interest at the annual rate of ten percent (10%), and to any costs incident to the sale, and pay the balance remaining, if any, to Lessee. All property remaining on the premises after the expiration of ninety (90) days following the termination of this lease, however terminated, shall be deemed abandoned by Lessee and shall become the property of Lessor.

OTHER REMEDIES 13.4 Any termination of this lease shall not relieve Lessee from the payment of any sum or sums that are due and payable to Lessor under the lease, or any claim for damages then or previously accruing against Lessee under this lease, and any such termination shall not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessee for any default under the lease. All rights, options, and remedies of Lessor contained in this lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this lease. No waiver by Lessor of a breach of any of the covenants, conditions, or restrictions of this lease shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition, or restriction contained in this lease.

XIV. MISCELLANEOUS

RELATIONSHIP OF LESSOR AND LESSEE

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

PARTIES BOUND

14.2 This agreement shall be binding upon and inure to the benefit of the parties of the lease and their respective heirs, executors, administrators, legal representatives, successors and assigns.

HEADINGS

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

SUPERSEDES PRIOR AGREEMENTS 14.4 If this lease replaces another lease, all prior agreements are superseded by this lease.

ENTIRE AGREEMENT/AMENDMENTS

14.5 This lease constitutes the entire agreement between the parties, and Lessor is not bound by any agreement, condition or stipulation, understanding or representation made by any of Lessor’s agents not contained herein. No amendment to this lease shall be effective unless such is in writing and signed by both parties.

VIOLATIONS OF LEASE 14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES THAT THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR COVENANT, SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE.

TEXAS LAW TO APPLY 14.7 The parties hereby agree that Texas law will control the interpretation or enforcement of this lease. This lease has been executed in Texas, and all obligations hereunder are performable in Tom Green County, Texas.

INVALID OR ILLEGAL PROVISIONS 14.8 If any provision of this lease is held invalid as to any person or set of circumstances, such holding shall not affect the validity of any remaining provision of this lease or any provision’s application to other persons not similarly situated or to other circumstances.

REIMBURSEMENT OF LESSOR’S EXPENSES

14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited to, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations under this lease, which include, but are not limited to, collection of rental fees and collection of utility payments, taxes and other legitimate assessments.

NOTICES 14.9 All notices concerning this lease shall be in writing and delivered to the parties at the addresses below:

LESSEE: Chris Cain 1902 Shady Point Circle

San Angelo, Texas 76904 LESSOR: City of San Angelo

Attn: Water Utilities Director P.O. Box 1751 San Angelo, Texas 76902

EXECUTED in duplicate originals on the _____day of _____________________,

20___ by: LESSEE

Chris Cain

STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____day of ________________, 20____ by Chris Cain.

Notary Public, State of Texas

CITY OF SAN ANGELO, LESSOR

BY: W. H. WILDE, Director Water Utilities Department

STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____day of

________________, 20____, by W. H. Wilde, Water Utilities Director, of the City of San Angelo, a Texas home rule municipal corporation, on behalf of said corporation.

Notary Public, State of Texas

City of San Angelo Parks & Recreation

Memorandum Date: December 30, 2011


From: Carl White, Parks and Recreation Director

Subject: Agenda Item for January 3, 2012, Council Meeting

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

Caption: Consent Agenda Item

Consideration of authorizing the Mayor to execute a letter of support on behalf of the City for application to the Texas Recreation and Park Society for Legacy Park status for Civic League Park.

Summary: Staff recommends authorizing the Mayor to execute a letter of support on behalf of the City for application to the Texas Recreation and Park Society for Legacy Park status for Civic League Park.

The Lone Star Legacy Park is a new designation adopted by the Texas Recreation and Park Society in 2011, to recognize parks that hold special prominence in the local community and the State of Texas.

Our Civic League Park more than meets the criteria established to be eligible for this distinction. See the attached application form for more information.

There is no previous history on this item.

Financial Impact:

The cost of the application is $200.00 and will be paid out of account #101-6000-452.03-50. If designated as a Legacy Park, we have the option to purchase and place a plaque at a cost of about $500.00.

Attachments: Proposed letter of support and application information.

Presentation: None.

Publication: N/A

Reviewed by: Rick Weise, Assistant City Manager, December 16, 2011

Approved by Legal:

N/A

1 Lone Star Legacy Parks Award Application (2011)

Description: A Lone Star Legacy Park is a park that holds special prominence in the local community and the state of Texas. These parks have endured the test of time and have become iconic to those who have visited, played and rested on their grounds. A designation as a Lone Star Legacy is one of the highest honors that can be bestowed on a park. Parks have played an important role in the development of our communities throughout history. Much like Main Streets helped to provide commerce and identity, local parks helped to promote community, natural

respite and social interaction as communities were founded, developed and prospered. Lone Star Legacy Parks are not meant to be of a specific size, make up or location. The purpose of the designation is to recognize what a park means to a particular community. While New York City is home to Central Park, and Boston has the Common Gardens, communities all over our state have parks that have been a source of great pride and history. Some parks are significant for their natural resources including their forests, springs and wetlands. Other parks are noteworthy for annual traditions including parades,

pageants and festivals. Lone Star Legacy Parks will honor all of the significant impacts these sites have made on the people who have walked their grounds. Submitting Applications: Applications are due by January 16, 2012. Successful applicants will be announced at the Texas Recreation and Parks Society Annual Institute in March, 2012. Agencies may submit one park each year for consideration. Multiple submissions from the same agency in one year will not be considered. Criteria: Legacy Parks must be at least 50 years old, designated as a public park and meet at least one of the following:

The property represents distinctive design and/or construction. The park is associated with historic events or sites.

San Pedro Park, San Antonio, circa 1918


The park is associated with events specific to the local community/state. The park is home to unique natural features.

Application Fee: A $200 fee is due with the application. Fees are used to offset costs for application management and promotion of the Lone Star Legacy Parks program. If selected, an additional fee will be applicable if the agency would like to order a marker commemorating the designation. If the park is not awarded the designation in the first year, the Review Committee will provide feedback to the agency regarding the application score and areas for improvement. The agency will be able to resubmit the application one time within the following three years. A $50 resubmission fee will be applicable.

Judging: Judging will be done by a panel consisting of:

One (1) TRAPS Citizen Branch Member

One(1) Historic/Landmark Commission Member

Two (2) TRAPS Professional Members

One (1) TRAPS Academic Representative

One (1) TRAPS Student Representative

One (1) Planning/Landscape Architect Representative Panel members will review applications

and apply points to each criterion. Points will be tallied and applications with the highest scores will be awarded the designation. The review committee will make final decisions on the number of eligible awards to make in a year.

Marketing of Lone Star Legacy Parks:

All parks designated as Legacy Parks will be included in marketing materials including rack cards, website, PSA’s and other collateral materials as appropriate. These materials will be used to promote the parks and their communities as a part of Heritage Tourism. Materials will be updated annually to include newly awarded sites.

Cameron Park, Waco, Texas, circa 1920’s


Application Information

Name of Park: _________________________________________________________________ City:_________________________________________________________________________ Contact: ______________________________ Phone Number: __________________________ Mailing Address: _____________________________ Zip: _________ Email: ______________ Agency Director: ____________________________________________________ Year park was established: _______________________________________________________ Original acreage: _____________________________ Current acreage: __________________ Is the park owner an agency member of TRAPS? ____ Yes ______ No How many staff members of the agency are TRAPS members? _______ __________________________________ ___________________________________ Signature of Agency Director Signature of Agency Executive Officer Application Narrative (limit to three pages): 1. Please include a narrative describing why this park is deserving of the Lone Star Legacy Parks designation.

Include information regarding the park’s original amenities and design, current amenities, unique features, and natural characteristics.

2. Explain if the park played a significant role in environmental and/or cultural or heritage preservation within

the community. Explain how the park and/or individual resources within the park relate to local or state prominence.

3. Describe any historic features or located within the park including any WPA/CCC work and/or any historic

designations.

4. Please describe any citizen support systems, initiatives or advocacy programs that support the park.

5. Please list previous awards given to park.

6. Please provide a summary of park usage and average annual attendance.


Attachments: Please attach 10-12 photos documenting park history including unique, natural and historic features of the park. A video representing the same is allowed; however, photos will still be required. Please include letters of support from at least three of the following:

Resident/Park User City Manager Mayor/Commissioner Park Advisory Board Member Local Civic Club or Organization with ties to the Park Chamber of Commerce Local Historic Commission Academic with specialization in landscape architecture, history, natural resources, etc.

Please include letters of verification of historic designation if applicable:

Texas Historic Commission Local Historic Commission if locally designated landmark

Please include a copy of park site plan or master plan if available. Please include a timeline of park history noting major milestones, historic events, renovations & improvements, or natural disasters regarding the park (limit one page).

Applications can be mailed to: Texas Recreation and Parks Society

18593 FM 1431 Jonestown, Texas 78645

Application Deadline: January 16, 2012

Balmorhea State Park, circa 1950’s

http://texascccparks.org/assets/images/571x/balmorhea-postcard-075.jpg

City of San Angelo P. O. Box 1751

San Angelo, Texas 76902 (325) 657-4241

January 3, 2012

Dr. Michal Anne Lord Executive Director Texas Recreation and Park Society 18593 FM 1431 Jonestown, Texas 78645 Dear Dr. Lord: On behalf of the City Council of the City of San Angelo, I whole-heartedly endorse our application for Lone Star Legacy Park designation for our Civic League Park. Civic League Park meets the intent established in the program to be designated as a Legacy Park. Civic League Park has been a public park since December 1903. It is located near the center of the City along the beautiful North Concho River. It is home to Native American archaeological finds dating back almost 8,000 years, beautiful and natural landscapes, Great Depression-era WPA constructed stone walls and reflection pond, the thriving International Waterlily Collection and the annual Lily Fest celebration. It is a place where roughly 40,000 visitors annually enjoy the park and gardens and it is a place where several community groups such as the San Angelo Council of Garden Clubs, International Water Gardening Society, Master Gardeners and the San Angelo Independent School District come together to learn and educate the public in gardening and water gardening. It is a frequently used place for weddings, wedding receptions and other private events since it is one of the most serene public spaces in San Angelo. We thank the Texas Recreation and Park Society for creating the Lone Star Legacy Park designation so that Civic League Park, as well as other parks in Texas, can be recognized. Respectfully, Alvin New Mayor City of San Angelo, Texas

City of San Angelo



From: Shawn Lewis, Director of Community & Economic Development


Contact: Shawn Lewis 657-4210 or Donna Osborne 657-9214

Caption: Consent Item

Consideration of approving a recommendation by COSADC on matters relating to the following City of San Angelo Development Corporation contracts:

a. Approval of a contract by and between the City of San Angelo Development Corporation (COSADC) and the San Angelo Chamber of Commerce making provision for a marketing and recruitment program to be conducted by the Chamber of Commerce for purposes of promoting the City of San Angelo as a prime location for industry and service sector primary job growth and investment fostering economic development, and authorizing execution thereof

b. Authorization for City Manager to execute a contract with the City of San Angelo Development Corporation (COSADC) for the provision of Neighborhood and Family Services Department administrative services by use of City personnel and for reimbursement therefore to City from the COSADC, and authorizing execution thereof

c. Authorization for City Manager to execute a contract with the City of San Angelo Development Corporation (COSADC) for the provision of administrative services for COSADC by use of City personnel and for reimbursement therefore to City from the COSADC, and authorizing execution thereof

Summary: On September 14, 2011, the City of San Angelo Development Corporation (COSADC) approved the above cited contracts for renewal for fiscal year 2012. The only changes from the 2011 contracts were the addition of specific performance measures to be outlined in the contracts. These have been reviewed and approved by all contracting parties. The Chamber of Commerce and Neighborhood and Family Services contract amounts will remain at 2011 levels. The Staff Service contract amount has been adjusted to reflect Council-approved pay raises and a reduction in services to be provided by the City Clerk.

History: These contracts for 2011 were approved by the COSADC Board on December 15, 2010. The Staff Services contract was later amended at the request of the COSADC Board to reflect an increase in time spent on COSADC projects. The 2012 Staff Services contract amount has been adjusted as described above. The other two contracts for 2012 are to remain at approved 2011 amounts, pending consideration and/or implementation of recommendations from the Strategic Plan consultant. The Board reviewed the partner contracts extensively during the 2010 and 2011 fiscal years. As a result, the contracts were adjusted to include more specific requirements relating to procedures, expenditure of funds, services to be provided, and reporting requirements. The COSADC Board requested that specific performance measures be added to the 2012 contracts, and these have been reviewed and approved by the contracting parties. All parties acknowledge and understand that any new initiatives undertaken must be presented to and approved by the COSADC Board and City

https://webmail7.sanangelotexas.us/owa/UrlBlockedError.aspx

Council prior making expenditures for new initiatives.

Financial Impact: a. Chamber of Commerce - $225,000 b. Neighborhood & Family Services Administration - $10,000 c. Staff Services Contract - $325,601

Related Vision Item

(if applicable):

Other Information/ Recommendation:

Staff recommends approval of the above contracts in the stated amounts and authorization for COSADC Board President or his designee to negotiate and execute a final contract on behalf of the COSADC, and authorizing the City Manager to negotiate and execute a final contract for the Staff Services and NFS contracts on behalf of the City of San Angelo, with all other terms and conditions matching the 2011 contract and amendments.

Attachments: Draft contracts as approved by contracting parties and Legal Department a. Chamber of Commerce b. Neighborhood & Family Services Administration c. Staff Services Contract

Presentation: Shawn Lewis

Publication:

Reviewed by Director:

Shawn Lewis

Approved by Legal:

ECONOMIC DEVELOPMENT MARKETING SERVICES CONTRACT

THE STATE OF TEXAS §

§

COUNTY OF TOM GREEN §

This Contract is between the City of San Angelo Development Corporation, a Texas nonprofit

economic development corporation (COSADC) acting herein by and through its duly authorized

President, and the San Angelo Chamber of Commerce, Inc. a non-profit corporation (Chamber) acting

herein by and through its duly authorized President, witnesseth:

WHEREAS, COSADC recognizes the value of an economic development marketing program

designed to attract new businesses and aid existing businesses in the City of San Angelo and Tom Green

County; and

WHEREAS, Chamber, through its Economic Development Department has operated such a

program on a full time basis since 1991; and

WHEREAS, COSADC desires to support an economic development promotion program to

support its own efforts to fund economic development projects; and

WHEREAS, COSADC has identified specific goals and action items designed to strengthen and

expand the business climate and economic viability of San Angelo; and

WHEREAS, COSADC has determined that a contract between COSADC and Chamber will

allow COSADC to effectively and efficiently meet its objectives of providing incentives and assistance to

new and expanding companies,

NOW THEREFORE, pursuant to those objectives COSADC and Chamber have entered into this

Contract.

COSADC and Chamber, in consideration of the mutual covenants and agreements herein

contained do agree as follows:

- 2 -

Article 1. Term

This Agreement shall begin October 1, 2011, and terminate September 30, 2012, unless either Party

terminates this Contract in Accordance with Article 6 herein.

Article 2. Scope of Services

Chamber will provide required services necessary to conduct marketing and recruitment efforts allowed

under the Development Corporation Act of 1979 as amended (Texas Revised Civil Statutes Article

5190.6). The Scope of Services are outlined in Exhibit A (Scope of Services) of this Agreement attached

and incorporated as if fully set forth herein. Specific Required Services and Performance Measures

relating to performance of this contract are outlined in Exhibit C of this Agreement attached and

incorporated as if full set forth herein.

Article 3. Compensation

COSADC does hereby agree to compensate Chamber up to Two Hundred Twenty-Five Thousand and

No/100 Dollars ($225,000.00) for the purpose of promoting economic development through Chamber to

support its own efforts and for all services provided under Exhibit A. Chamber agrees to use the money

and to discharge its duties in accordance with the terms and conditions herein set forth.

Payments to Chamber shall be made in the amount of Eighteen Thousand Seven Hundred Fifty and

no/100 Dollars ($18,750.00) each month. Failure of the Chamber to expend COSADC funds in

accordance with the approved budget shall result in termination of this Contract. Additionally, invoices

incurred and/or approved by COSADC related to the budget categories “Media Advertising” and “Special

Projects” shall be submitted to the Chamber for payment. Such payments shall be paid within 30 days of

receipt of invoices.

Chamber shall maintain complete and accurate financial records of all expenditures of the money

allocated to Chamber by COSADC and on request of COSADC or the City Manager, shall make the

records available for inspection and review to COSADC, City Manager, or his designee. COSADC may,

upon reasonable notice, audit all books and records of Chamber.

- 3 -

Article 4. Use of Funds

It is expressly understood and agreed by COSADC and Chamber that all funds received from COSADC

by Chamber shall be used solely for the purposes of encouraging, promoting and soliciting economic

development in accordance with Article 2 above, Exhibit A of this Contract, and as detailed in the

specific line item budget described in Exhibit B.

Article 5. Employees

All persons referenced herein to furnish services hereunder are employees of Chamber. In performing its

duties and responsibilities hereunder, the parties acknowledge and agree that Chamber is and shall be an

independent contractor and not an officer, agent or employee of COSADC. This Contract is not intended

to create a joint enterprise. There is no direct pecuniary purpose or profit motive, but rather the purpose

of this Contract is to further the public good. Additionally, Chamber has the sole right to control and

manage its operations.

Article 6. Termination

It is understood and agreed that either party may terminate this Contract by giving the other party notice

in writing of said termination 30 days prior to termination. No funds will be advanced to Chamber after

notice of termination is given. If said Contract should be terminated by either party pursuant to the terms

of this Contract, the consideration paid by COSADC shall be prorated and returned to COSADC along

with all removable personal property which may have been purchased with funds allocated by COSADC.

Article 7. Assignment

This Contract is not subject to assignment without prior written consent of the other party.

Article 8. Reporting

Chamber shall report to COSADC on its activities in relation to this Contract no less than quarterly during

the term of this Contract as described in Exhibit C, or when otherwise requested by COSADC.

Article 9. Hold Harmless

- 4 -

Each party agrees to indemnify, save harmless, and defend the other from any and all claims, causes of

action, and damages of every kind arising from the operations of the other, its officers, agents and

employees, carried out in furtherance of this Contract.

EXECUTED in duplicate originals this day of ______________, 2011.

CITY OF SAN ANGELO DEVELOPMENT CORPORATION

By: Larry Teague, President ATTEST: By: __ Donna Osborne, Corporate Secretary SAN ANGELO CHAMBER OF COMMERCE, INC. ATTEST: By: By:_________________________ Phil Neighbors, President Corporate Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: _______________________________ ____________________________ J. Shawn Lewis, Community and Lysia H. Bowling, City Attorney Economic Development Director

- 5 -

Exhibit A – Scope of Work The services provided by the Chamber of Commerce under the terms and conditions of the foregoing contract are as outlined below. On behalf of the COSADC, the Chamber shall conduct marketing and recruitment efforts that may include: direct mail, magazine advertising, attendance at national trade shows, public relations articles, web-based marketing, and other means to reach those industry clusters approved under Section 4B of the Development Corporation Act of 1979 as amended and designated as target industries by the COSADC. The Chamber will maintain contact with economic development allies, such as the Governor’s Economic Development Office, utility companies, and private site selection consultants. The Chamber may also contract with private lead generation companies and participate in statewide marketing efforts – all with the purpose of promoting San Angelo as a prime location for industry and service-sector primary job growth and investment to expand San Angelo’s tax base and strengthen its economy. The Chamber shall meet with the COSADC Executive Committee at least thirty (30) days prior to final adoption of the Chamber’s Plan of Action as it relates to economic development marketing and recruitment to solicit comments and input on desired outcomes and activities related to COSADC funding. No later than April 30, 2012, the Chamber shall present such Plan of Action as it relates to economic development marketing and recruitment for approval at a regular meeting of the COSADC. When the Target Industry Study final report is submitted to COSADC, COSADC and Chamber staff will review such report and modify, if necessary, the Chamber’s Plan of Action as it relates to economic development marketing and recruitment. In January, April, July and October of each year the Chamber shall present an oral report at a regular meeting of COSADC on the outcomes, activities and expenditures related to COSADC funding including but not limited to a marketing return on investment, number of leads generated and number of website hits related to economic development. As part of its marketing efforts on behalf of COSADC, the Chamber will maintain up-to-date information for business prospects. Included will be a cost of living index, specialized brochures advertising land and buildings, general community information necessary for the site selection process, and a current website relative to the community and COSADC assistance and activities.

As part of its recruitment efforts on behalf of COSADC, the Chamber may call upon local economic development partners including but not limited to the Economic Development Council, COSADC, City Council and staff, County Commissioners, public education representatives, workforce development representatives, Small Business Development Center representatives, business incubator representatives and private business members to provide necessary information leading up to final site selection. Should the Chamber recommend that a business qualifies for COSADC assistance, Chamber shall provide any and all background information including but not limited to economic impact analysis and prospect summary reports for use by COSADC staff in their preparation of a formal incentive application, financial due diligence reviews and/or

- 6 -

presentations to the COSADC Board of Directors and City Council. Upon award of a financial incentive as recommended by COSADC and approved by the City Council, COSADC shall become the primary point of contact for said business. This primary role will be to facilitate establishment of the business in the community by providing access to critical business and technical support services including but not limited to zoning, development, permitting, legal, accounting, human resources, workforce training, communications and information technology as well as assistance in State incentive applications. COSADC will work in cooperation with local economic development partners through the One-Stop-Shop for Business model. In addition to COSADC’s own Business Retention & Expansion Program efforts, the Chamber shall coordinate weekly local business calls to eligible 4B sales tax companies where tax revenues may be effectively used to help these companies expand. Such visits will include representatives of the Chamber, COSADC, City Council and other economic development entities as appropriate. Chamber shall provide COSADC staff with related background information and copies of said weekly business call reports. The Chamber will have a representative at regular and called COSADC meetings as directed.

- 7 -

Exhibit B – Budget and Use of Funds The Chamber’s budget shall reflect the goals and objectives identified by COSADC in their 2008 Strategic Plan. Expenditures of COSADC funds shall be made only in accordance with the terms of this Contract and COSADC shall have the right to audit such expenditures as described in Article 3: Compensation. Description of the budget line items are as follows:

Personnel & Related Operating Expenses: Personnel costs for the staff of the Economic Development Division of the Chamber including insurance, retirement, office costs, etc. related to the marketing and recruitment efforts as described more fully below Printing Support Brochures: Annual update of the Community Profile and such complimentary materials as the San Angelo Business & Industrial Center, COSADC-Opportunities for Growth, and Doing Business in San Angelo brochures to support COSADC’s Business Retention & Expansion Program Technical Support Services: Economic impact analysis and related late-stage business prospect needs including but not limited to soil surveys and site development Postage & Shipping: U.S. Postal Services, UPS and Fed EX unrelated to direct mail Prospect Development: Hotel rooms, meals and transportation expenses for visiting company representatives Trade Show Registration: Registration fees related to attendance of such shows as the Biotechnology Industry Organization, Wind Power and World Economic Development Alliance conferences Auto Business Travel: Monthly car allowance and mileage for Economic Development Division support staff Ad Agency Project Fee: Special project contingency – subject to COSADC approval Subscription/Data Base Purchase: Subscriptions for private data collection service, one economic development related magazine and InfoUSA – a business database used for direct mail and company research Travel/Lodging/Meals: Expenses related to attendance at Trade Shows, training such as those with the Texas Economic Development Council and fuel for out of town business calls and consultant visits Media Advertising: Ads in magazines, trade journals, newspapers and on radio consistent with Section 2 of this Contract and for the update of the Chamber’s economic development portion of its website as well as the development of a dynamic website for and directed by the COSADC. Special Projects: Action items related to workforce development initiatives, target industry study goals and objectives, production of the specifications and details wayfinding manual, and production of a best practices economic development video in coordination with the International City Managers Association for use in local marketing

- 8 -

& recruitment efforts Lead Generation: Membership in organizations such as the World Economic Development Alliance, FastFacility.com and the National Association of Manufacturer’s Site Selection Network for leads on expanding companies and a national “available building” referral system Direct Mail Programs: Large industry specific mailings (i.e. wind power) and newsletters and annual mailings of the Community Profile to site consultants

Amendments to any of the budgeted line items must be requested and approved by the COSADC Board of Directors at a regularly scheduled board meeting.

- 9 -

Exhibit C – Performance Measures and Reporting Requirements Required Services

• Ensure cross-branding between COSADC and Chamber website, and connection to other local, state, and federal business resources, by implementation of new “San Angelo Development” front page/interface that will direct traffic through a single portal.

• Implement Link2Business system to encourage/increase trade between local businesses; use information from the site to help in recruiting efforts

• Develop a comprehensive marketing plan based on recommendations from strategic plan consultant and present to Board for approval; plan must be presented within 30 days of receiving completed strategic plan

• Participate in appropriate marketing efforts, as supported by strategic plan recommendations, and serve as community representative

• Coordinate San Angelo responses to all prospect leads, ensuring complete information sharing and involvement of all relevant economic development partners

• Maintain current community information and other relevant information required by business prospects, both on-line and in marketing collateral

• Provide COSADC staff a summary of job creation, taxable value, and other economic indices that demonstrate ROI on all business prospects and coordinate with City staff to make recommendations to Board

Performance Measures

• Number of businesses listed on the Link2Business system; work with COSADC staff to conduct business satisfaction survey to monitor value of the system

• Present to Board for approval a new marketing plan based on recommendations from the final economic development strategic plan for San Angelo

• Track response rates, conversion rates, inquiries, leads generated, and leads converted to prospects for each marketing effort, and work with COSADC staff to report to board on quarterly/annual basis; present trend information, as appropriate

• Present quarterly reports on outcomes, activities, and expenditures relating to COSADC contracted activities

• Provide reports on all leads received, to include source of leads, # of jobs, capital investment, information provided and outcome of lead; use information to refine local economic development programs

• Track website activity and use data to improve web presence; include information on relevant trends in presentations to Board, as appropriate

CONTRACT BETWEEN CITY OF SAN ANGELO DEVELOPMENT CORPORATION AND THE CITY OF SAN ANGELO FOR PROVISION OF NEIGHBORHOOD AND

FAMILY SERVICES DEPARTMENT ADMINISTRATIVE SERVICES

This contract for reimbursement for the provision of administrative services (“Contract”)

is entered into by and between the City of San Angelo Development Corporation (“COSADC”),

a Texas non-profit corporation, and the City of San Angelo (“Provider”), a Texas municipal

corporation.

WHEREAS, pursuant to City of San Angelo Code of Ordinances, Section 2.3605,

COSADC is authorized by law to contract with Provider for the provision of administrative

services;

WHEREAS, pursuant to Texas Local Government Code, Section 380.001(b)(1), the

Provider is authorized to administer economic development programs through COSADC by use

of municipal personnel;

WHEREAS, COSADC and Provider agree it is to their mutual benefit, and the benefit of

the citizens, for COSADC to contract for the provision of administrative services for the

Neighborhood and Family Services Department by use of municipal personnel, and to reimburse

Provider for the payment of such services;

NOW, THEREFORE, in consideration of the mutual promises and covenants set forth

herein, and other good and valuable consideration the receipt and sufficiency of which are

hereby acknowledged, COSADC and Provider agree as follows:

Article 1. Term

This Agreement shall begin on October 1, 2011 and terminate on September 30, 2012, unless

either party terminates this Contract in accordance with Article 6 herein.

Article 2. Scope of Services

Provider will provide its municipal employees to perform services for COSADC under this

Contract as set out below:

A. Provider agrees that Provider’s Director of Neighborhood and Family Services

Department and HOME Program Coordinator shall administer COSADC’s authorized

projects by performing the services for COSADC as set out in Exhibit A attached and

incorporated as if fully set forth herein.

B. In addition to the services under Section A above, Provider agrees that Provider’s

employees will provide regular reports on the Programs administered to COSADC as

required by COSADC, as set out in Exhibit A attached and incorporated as if fully set

forth herein.

Article 3. Compensation

A. COSADC shall reimburse Provider for services provided under Article 2 above, in the

total amount of Ten Thousand Dollars ($10,000.00), in the allocations set forth herein.

The amount COSADC is required to reimburse Provider shall not exceed the actual cost

for such services.

B. Such reimbursement of the total amount of Ten Thousand Dollars ($10,000.00) shall be

made in two equal payments of up to Five Thousand Dollars ($5,000.00) due and payable

on or about March 31, 2012 and September 30, 2012. The amount COSADC is required

to reimburse Provider under this contract shall not exceed the actual cost for such

services. The dollar amounts allocated above shall be reviewed April 1, 2012 to ensure

that estimated costs allocated to COSADC above accurately reflect actual resources spent

on COSADC projects

Article 4. Use of Funds

It is expressly understood and agreed by COSADC and Provider that all funds received from

COSADC by Provider shall be used solely for the purposes set out in Article 2.

Article 5. Employees

All persons referenced herein to furnish services hereunder are employees of Provider.

Article 6. Termination

It is understood and agreed that either party may terminate this Contract by giving the other party

notice in writing of said termination thirty (30) days prior to termination. If this Contract is

terminated by either party pursuant to the terms of this provision, COSADC shall pay Provider

for all services rendered up to the date of termination.

Article 7. Assignment


EXECUTED in duplicate originals this day of ____________, 2011.

CITY OF SAN ANGELO CITY OF SAN ANGELO DEVELOPMENT CORPORATION

By: By: ___ Larry Teague, President Harold Dominguez, City Manager

ATTEST: ATTEST:

Donna Osborne, Secretary Alicia Ramirez, City Clerk

APPROVED AS TO CONTENT: APPROVED AS TO FORM:

_______________________________ ______________________________ J. Shawn Lewis Community & Economic Lysia H. Bowling ,City Attorney Development Director APPROVED AS TO CONTENT: ______________________________ Robert Salas, Neighborhood & Family Services Director

Exhibit A

Neighborhood & Family Services Administrative Services Contract Required Services and Performance Measures

Required Services

• Maintain oversight & management of City of San Angelo Affordable Housing Program • Assist in preparation of contracts with approved program applicants • Administer Affordable Housing contracts and oversight of compliance issues • Assist with COSADC administrative oversight of the community development projects

authorized by ballot • Assist the City Finance Department with budget oversight of projects and Affordable

Housing Development funds, receipts and expenditures • Facilitate timely reports and meeting structure • Make reports to civic groups, City Council and COSADC as needed • Ensure effective management of grant agreements • Provide follow-up to grantees and contractors under the Affordable Housing

Development program • Gather, maintain and report statistical data for the program • Schedule and organize loan closings


• Provide reports on program to COSADC board, as requested • Submit all grant-related reports for Program on or before due dates • Work with community partners to ensure effective marketing for program • Number of applications approved for Program • Number of Program projects approved for construction • Number of Program houses closed

CONTRACT BETWEEN CITY OF SAN ANGELO DEVELOPMENT CORPORATION AND THE CITY OF SAN ANGELO FOR REIMBURSEMENT FOR PROVISION OF

ADMINISTRATIVE SERVICES

This contract for reimbursement for the provision of administrative services (“Contract”)

is entered into by and between the City of San Angelo Development Corporation (“COSADC”),

a Texas non-profit corporation, and the City of San Angelo (“City”), a Texas municipal

corporation.

WHEREAS, pursuant to City of San Angelo Code of Ordinances, Section 2.3605,

COSADC is authorized by law to contract with City for the provision of administrative services;

WHEREAS, pursuant to Texas Local Government Code, Section 380.001(b) (1), City is

authorized to administer economic development programs through COSADC by use of

municipal personnel;

WHEREAS, COSADC and City agree it is to their mutual benefit, and the benefit of the

citizens, for COSADC to contract for the provision of administrative services by use of

municipal personnel, and to reimburse City for the payment of such services;

NOW, THEREFORE, in consideration of the mutual promises and covenants set forth

herein, and other good and valuable consideration the receipt and sufficiency of which are

hereby acknowledged, COSADC and City agree as follows:

Article 1 Term

This Agreement shall begin on October 1, 2011 and terminated on September 30, 2012, unless

either Party terminates this Contract in accordance with Article 6 herein.

Article 2 Scope of Services

City will provide its municipal employees to perform services for COSADC under this Contract

as set out below:

A. City agrees that City’s Economic Development Director, Economic Development

Coordinator, Development Coordinator, and Community and Economic Development

Senior Administrative Assistant will administer COSADC’s authorized projects by

performing the services for COSADC, as set out in Exhibit “A” attached and

incorporated as if fully set forth herein.

B. In addition to the services under Section A above, City agrees that City’s employees will

provide financial, legal and clerical services to COSADC as required by COSADC, as set

out in Exhibit “B” attached and incorporated as if fully set forth herein.

Article 3 Compensation

A. COSADC agrees to reimburse City for all services provided under Article 2 above, in the

total amount of Three Hundred Twenty Five Thousand, Six Hundred One Dollars and

00/100 ($325,601.00) and in the allocations set forth herein. Such reimbursement of the

total amount of Three Hundred Twenty Five Thousand, Six Hundred One Dollars and

00/100 ($325,601.00) shall be made in two (2) equal payments of up to One Hundred

Sixty-Two Thousand, Eight Hundred Dollars and 50/100 ($162,800.50) due and payable

on or about March 31, 2012 and September 30, 2012. The amount COSADC is required

to reimburse City under this contract shall not exceed the actual cost for such services.

The dollar amounts allocated above shall be reviewed April 1, 2012 to ensure that

estimated salary costs allocated to COSADC above accurately reflect actual time spent on

COSADC projects.

B. For the services of the employees described in Article 2, Section A above, the total

amount of Two Hundred Forty Six Thousand, Two Hundred Sixty-One Dollars and

00/100 ($246,261.00) shall be reimbursed to City.

C. For the services of the employees described in Article 2, Section B above, the total

amount of Seventy-Nine Thousand, Three Hundred Forty-Three and 00/100 ($79,343.00)

shall be reimbursed to City as delineated in Exhibit “C” attached and incorporated as if

fully set forth herein.

Article 4 Use of Funds

It is expressly understood and agreed by COSADC and City that all funds received from

COSADC by City shall be used solely for the purposes set out in Article 2.

Article 5 Employees

All persons referenced herein to furnish services hereunder are employees of City.

Article 6 Termination

It is understood and agreed that either party may terminate this Contract by giving the other party

notice in writing of said termination thirty (30) days prior to termination. If this Contract is

terminated by either party pursuant to the terms of this provision, COSADC shall pay City for all

services rendered up to the date of termination.

Article 7 Assignment


EXECUTED in duplicate originals this ________day of_________________,2011.

CITY OF SAN ANGELO CITY OF SAN ANGELO DEVELOPMENT CORPORATION

By: By: ___ Larry Teague, President Harold Dominguez, City Manager

ATTEST: ATTEST:

Donna Osborne, Corporate Secretary Alicia Ramirez, City Clerk

APPROVED AS TO CONTENT: APPROVED AS TO FORM:

_______________________________ ______________________________ J. Shawn Lewis, Community & Economic Lysia H. Bowling, City Attorney Development Director

Exhibit “A”

Required Services and Performance Measures Community & Economic Development Administration

Required Community and Economic Development Services

1. Prepare, post and distribute twice-monthly COSADC agenda and related background information 2. Respond to economic development prospect inquiries

a. Prepare offers of financial incentives b. Compose related agreements c. Ensure compliance with all economic development incentive agreements and abatement

agreements 3. Create and maintain an annual incentive contract compliance database/spreadsheet 4. Create, maintain and implement economic development strategic plan 5. Prepare annual COSADC budget 6. Ensure performance measures required of COSADC administrative partners are met (City,

Downtown San Angelo, Chamber of Commerce, etc.) 7. Plan and implement a comprehensive business retention and expansion program 8. Coordinate planning and construction of the Business Resource Center 9. Maintain and update COSADC website and social media pages regularly 10. Attend all business recruiting prospect meetings coordinated by the Chamber of Commerce or

other economic development partners 11. Create and/or organize a monthly economic development newsletter 12. Coordinate with Tom Green County officials on reinvestment zones and tax abatement

agreements and other offers for incentives 13. Attend training as required to obtain and maintain applicable professional certifications


1. Ensure COSADC Board packet is sent no later than the Friday before Wednesday COSADC meetings

2. Track COSADC website and Facebook page usage 3. Present monthly staff activity report to COSADC Board 4. Ensure adoption of economic development strategic plan by COSADC and City Council 5. Provide incentive offers within 10 business days of COSADC/Council approval 6. Attendance at relevant trainings as necessary to maintain training requirements for professional

certifications

EXHIBIT “B”

Required Services and Performance Measures Legal, Finance, and Administration Services

Required Legal Department Services

1. Attend all COSADC meetings to provide legal recommendations; as an observer of COSADC proceedings, and to the extent which Legal is involved, ensure the board and staff are adhering to all State laws and City Ordinances

2. Provide legal services to COSADC Board and the City Community and Economic Development Department staff including, but not limited to the following:

a. Draft, review and finalize all real estate-related and legal transactions pertaining to matters for which the Board has authority

b. Provide oversight of and assist in developing and implementing economic development programs for the City of San Angelo and the COSADC Board

c. Contract composition, review and approval as to form for economic development partner agreements, economic incentives such as tax abatements or grants and other contracts COSADC wishes to enter into

d. Respond to requests for legal opinions on matters relating to the use of sales tax revenue, Type 2 (4B) economic development corporations and projects and other legal matters related to the COSADC Board

Advise Board and COSADC staff on matters relating to the Public Information Act, Open Meetings Act, Corporate By Laws, and Corporate Charter, including keeping and the Board and staff up to date on changes which may occur at the City, State and Federal level affecting COSADC


1. Attend all COSADC meetings 2. Follow up with COSADC staff and Board, as necessary, after State legislative sessions regarding any

relevant changes in law that affect the Corporation 3. Advise the Board as needed on statutory changes at other levels of government including but not

limited to local, state and federal government 4. Respond to requests for legal assistance in a timely manner, and as priorities dictate 5. Provide timely, effective and accurate legal advice and assistance to the City Community and

Economic Development Department to ensure that all matters acted upon by the COSADC Board are in compliance with the City Charter, Code of Ordinances, federal and state laws and regulations

Required Finance Department Services

1. Develop and present monthly financial reports in format and detail level to meet the needs of the COSADC Board

2. Assist COSADC staff in the preparation of the annual COSADC budget 3. Provide financial analysis and projections on available funds, sales tax trends, bonding capacity, and

voter-approved project, as requested by COSADC Board


1. Provide COSADC Board and staff with financial updates and reports at the first COSADC meeting of each month, or as requested by Board

2. Respond to COSADC Board and staff inquiries in a timely manner 3. Make recommendations to COSADC Board and staff and to ensure staff is adhering to approved

financial policies and practices 4. Attend and present financials at COSADC Board meetings, as requested

Required Audit Services

1. Vendor/contractor for City’s audit will also perform audit services for the COSADC operations, as necessary and appropriate

2. City’s audit contractor will coordinate with City Financial staff and COSADC Board and staff to establish audit objectives in advance of performing any audit services

3. Audit report will be provided to the COSADC Board and staff upon completion


1. City’s audit contractor will audit COSADC contract, administrative files and financial records for compliance with relevant requirements and regulations

2. City’s audit contractor will provide draft audit report to City’s Financial staff and COSADC staff for review prior to finalizing report

3. City’s audit contractor will coordinate with City’s Financial staff and COSADC staff and be available to make presentation on audit results to COSADC Board and/or City Council, as necessary and upon request

Required City Clerk Services

1. Attend all COSADC Board meetings 2. Prepare and record official minutes of all COSADC Board meetings 3. Maintain official records of COSADC Board in compliance with state retention and local guidelines 4. Assist in posting meeting notices, as requested by COSADC staff 5. Maintain official records of COSADC Board membership, and provide information relating to official

requirements and responsibilities to all new members 6. Assist in conducting research, as needed, on state laws, bylaws, and other requirements relating to

authorized projects and records management of sales tax corporations Performance Measures

1. Attend, or send authorized representative, to all COSADC Board meetings 2. Provide all official minutes to COSADC staff from COSADC meetings within 48 hours of approval

by Board 3. Maintain official records of COSADC Board in compliance with state retention and local guidelines 4. As needed, provide assistance with posting official COSADC meeting notices in compliance with

state requirements 5. Provide information and/or training on official requirements and responsibilities to all Board

members, as required to comply with state statutes and corporate bylaws 6. Assist in conducting research, as needed, in a timely manner and to comply with established priorities

Required City Management Services

1. Attend COSADC Board meetings, as requested and/or appropriate 2. Participate in business prospect/incentive meetings, discussions, and negotiations, as

requested and/or appropriate 3. Ensure sufficient staff support, guidance, and other resources are available to COSADC

Board and staff to ensure compliance with relevant laws and effective and efficient operations


1. Attend, or send suitable substitute, to COSADC meetings when executive representation is requested

2. Participate in, or send a suitable substitute, to COSADC-related meetings and discussions that require executive representation and/or guidance

3. Provide recommendations for operational improvements to COSADC Board and staff and reallocate City resources as necessary to ensure success

Exhibit “C” Costs for Legal, Financial, Audit, Clerical and City Management Services

The City of San Angelo Economic Development Corporation agrees to reimburse The City of San Angelo for the financial, legal and clerical services pursuant to Article 2(B), as follows:

1. Audit $8,000

2. General Staff Services $29,000

3. Legal $15,000 4. Clerical $10,000 5. City Administration $17,343

City of San Angelo

Memo

Meeting Date: December 20, 2011

To: City Council members

From: Kari LeBoeuf, Planner

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

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

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

Contacts: William Hickman 325-212-5420

AJ Fawver, Planning Manager 325-657-4210

Caption: First Public Hearing and consideration of introduction of an

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

Z 11-19: Maranatha Church

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 80 East 18th Street, on the northwest corner of East 18th Street and Henderson Street, specifically the Lasker Addition, Block 29, Lot 9, in north central San Angelo, changing the zoning classification from Two-Family Residential (RS-2) District to Low Rise Multifamily Residential (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Summary: The City Council may:

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

deny the proposed zone change as presented; or

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

History and Background:

General Information for Existing Use

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

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

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

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

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

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

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

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

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

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

Special Information for Proposed Use

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

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

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

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

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

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

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

Transition Areas Goal 2 “Blend intensive commercial areas into

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

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

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

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

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

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

Notification Required?: Yes Notifications Sent: 11

Responses in Favor: 1 Responses in Opposition: 6

Analysis:

In order to approve this request, the City Council is required to find that: 1. Compatible with Plans and Policies. Whether the proposed amendment is

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

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

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

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

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

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

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

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

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

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

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

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 80 East 18th Street, on the northwest corner of East 18th Street and Henderson Street, specifically the Lasker Addition, Block 29, Lot 9, in north central San Angelo, changing the zoning classification from Two-Family Residential (RS-2) District to Low Rise Multifamily Residential (RM-1)

District, PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY RE: Z 11-19: Maranatha Church

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

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

BE IT ORDAINED BY THE CITY OF SAN ANGELO:

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

by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 80 East 18th Street, on the northwest corner of East 18th Street and Henderson Street, specifically the Lasker Addition, Block 29, Lot 9, shall henceforth be permanently zoned as follows: Low Rise Multifamily Residential (RM-1) District.

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

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

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

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

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

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

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

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

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

THE CITY OF SAN ANGELO

by:____________________________________

Alvin New, Mayor

ATTEST:

by:________________________________ Alicia Ramirez, City Clerk

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 80 East 18th Street, on the northwest corner of East 18th Street and Henderson Street, specifically the Lasker Addition, Block 29, Lot 9, in north central San Angelo, changing the zoning classification from Two-Family Residential (RS-2) District to Low Rise Multifamily Residential (RM-1)

District, PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY RE: Z 11-19: Maranatha Church





by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 80 East 18th Street, on the northwest corner of East 18th Street and Henderson Street, specifically the Lasker Addition, Block 29, Lot 9, shall henceforth be permanently zoned as follows: Low Rise Multifamily Residential (RM-1) District.











by:____________________________________

Alvin New, Mayor

ATTEST:


City of San Angelo

Memo Meeting Date: December 20, 2011


From: Jeff Hintz, Planner

Subject: Case Number: Z 11-20 Norman Dierschke

A request for a zone change from RS-1 (Single Family Residential) to CN (Neighborhood Commercial) on the following property:

Location: 3902 Coliseum Drive, specifically occupying the Mather Addition No. 2,

S 50’ of W. 139.4’ of Block 1, in northern San Angelo.

Purpose: Approving this request will change the zoning designation from RS-

1 to CN

Contacts: Norman Dierschke 325-944-3596

Jeff Hintz, Planner 325-657-4210

Caption: Z 11-20: Norman Dierschke

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”

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


(1) approve the proposed zone change;

(2) modify the application to some alternative zoning classification believed to be more

appropriate; or (3) deny the proposed zone change

Recommendation: City staff recommends approving the proposed zone change.

On Wednesday, December 7, 2011 the Planning Commission recommended approval of the zone change by a vote of 6 to 0.


General Information

Existing Zoning: Single-Family Residential (RS-1) Existing Land Use: Vacant Laundromat Surrounding Zoning/Land Use: North: RS-1 Single-Family Residences West: CG/CH Stripes Gas Station South: CG/CH Church East: RS-1 Single-Family Residences

Thoroughfares/Streets: 39th Street is defined as a “local street” and

Coliseum Drive is defined as a “minor collector” within the thoroughfare plan. “Local streets” are designed to carry light neighborhood traffic while a “minor” collector street is designed to carry light neighborhood traffic to larger thoroughfares.

Zoning History: No previous case history on this property Applicable Regulations: Section 504.A of the Zoning Ordinance requires

that, “…Outdoor storage is allowed adjacent to a principal building wall and may not extend more than five feet.”

Development Standards: A privacy fence is required whenever commercial

property abuts a residential use or district. In this case a privacy fence is required to the north and east of the property.

Vision Plan Map: Neighborhood Related Comp Plan Excerpts: Within the Comprehensive Plan, Goal 3 of

“neighborhoods” is to “improve the relationship between adjacent commercial and residential properties”. CG/CH zoning currently borders the RS-1 properties, a CN zoning would be a more suitable and less harsh buffer between the two.

Special Information

Traffic Concerns: Some additional traffic is expected to be generated since the location is currently vacant..

Parking Requirements: An office requires one space for every 300 square

feet of floor area. Parking Provided: Off-street parking and the path leading to the

parking is required to be paved. Presently there are no paved off-street parking areas on site.

Related Specific Use Standards: N/A Density: Maximum floor area ratio is .6 Notification Required: Yes Notifications Sent: 15


Analysis:

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

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



4. Changed Conditions. Whether and the extent to which there are changed conditions

that require an amendment.

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



The staff recommendation is based upon the statements listed below. The Vision Plan Map component of the Comprehensive Plan calls for the area to be “neighborhood.” Staff feels that CN zoning is compatible with this vision and is consistent with the Zoning Ordinance. However, it should be noted that this is the most intensive the property should be zoned. Anything of a higher intensity could compromise the residential nature of the surrounding properties and be inconsistent with the Plan. CN zoning is intended for smaller, neighborhood-serving businesses. These types of businesses are geared towards the surrounding properties and do not generally generate high amounts of outside automobile or truck traffic. The intersection the property sits on is not intended to carry large amounts of traffic, rather this intersection is the gateway to the neighborhood and the streets function as ones that provide access to thoroughfares for residents. A higher intensity commercial property could generate higher amounts of traffic that the streets in this area are not designed to carry. It is important to note that the property was previously a laundromat and has been closed for more than a year, thus losing its non-conforming status. The property has not been a residence in recent years and is in a location and building that would be suitable for a smaller retail or neighborhood business. The property is located on a corner and near a minor collector street and does enjoy some visibility, due to the proximity of the Coliseum and Fairgrounds. Staff believes this zone change will be consistent with the surrounding area and will not alter development patterns, as this location has generally been used for commercial purposes in the past. This location would serve a community need for a walkable business within the area. The effect on the natural environment will likely be minimal, however paving the required parking spots and a subsequent connection to the street will certainly alter drainage for the lot as well as the vegetation that is currently present on the unimproved surfaces.

Proposed Conditions

N/A

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

the City of San Angelo; excerpt from the vision plan map from the Comprehensive

Plan, highlighting the subject property; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; and draft ordinance.

Presentation: AJ Fawver, Planning Manager

Reviewed by: AJ Fawver, Planning Manager (11/14/11)

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 3902 Coliseum Drive, specifically occupying the Mather Addition No. 2, S 50’ of W. 139.4’ of Block 1 in northern San Angelo, changing the zoning classification from Single-Family Residential

(RS-1) to Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 11-20: Norman Dierschke





by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 3902 Coliseum Drive, specifically occupying the Mather Addition No. 2, S 50’ of W. 139.4’ of Block 1, in northern San Angelo, shall henceforth be permanently zoned as follows: Neighborhood Commercial (CN) District.





SEVERABILITY:

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





by:____________________________________

Alvin New, Mayor

ATTEST:


City of San Angelo




Subject: Case number Z 11-22 San Angelo Independent School District

A request for a zone change from RS-1 (Single Family Residential) to

RM-2 (High Rise Multi-Family Residential) on the following property:

Location: 323 Penrose Street, at the southwest corner of Penrose Street and

Fort McKavett Road, specifically occupying 3 acres out of the G. Blum Survey A-0059 S-0166, in eastern San Angelo.

Contacts: Steve Van Hoozer SAISD 947-3838


Caption: Z 11-22: San Angelo Independent School District

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”

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

Summary: Regarding the Zone Change the City Council may:

(1) approve the proposed zone change;

(2) modify the application to some alternative zoning classification believed to be more

appropriate; or (3) deny the proposed zone change

Recommendation: City staff recommends approving the proposed Zone Change.

On Wednesday, December 7, 2011 the Planning Commission recommended approval of the zone change by a vote of 6 to 0.


General Information

Existing Zoning: Single-Family Residential (RS-1) Existing Land Use: School Surrounding Zoning/Land Use: North: RS-1 Single Family Residences West: RS-1 Single Family Residences South: RS-1 Single Family Residences East: RS-1 Goodfellow AFB

Thoroughfares/Streets: Penrose, Margie, Greer and Fort McKavett Road

are all defined as “Local Streets” within the thoroughfare plan. Past Paint Rock Road, Fort McKavett Road turns into S. Bell Street and is defined as a “Minor Arterial Street.”

Zoning History: Conditional Use 03-16 allowed for an 80 foot

telecommunications tower on the subject property Conditional Use 11-17 allowed for a school on the

subject property. Applicable Regulations: Schools located within any residential district

requires approval of a Conditional Use Development Standards: N/A Vision Plan Map: Neighborhood

Related Comp Plan Excerpts:

Within the 2009 Comprehensive Plan’s Neighborhood section, Goal 4 states that, “…plans for school facilities should be incorporated into neighborhood plans and developments.”

Special Information

Traffic Concerns: The expansion of the school may generate more traffic; however the flow of traffic is not constant. The traffic is mainly generated near the beginning and ending of the school day.

Parking Requirements: Elementary schools require 1.5 parking spaces

per classroom Parking Provided: Additional parking is anticipated with present

construction on the site Related Specific Use Standards: N/A Density: Floor Area Ratio of 1.00 is allowed in RM-2

Zoning districts. Notification Required: Yes Notifications Sent: 40


Analysis:

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

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




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



The staff recommendation is based upon the statements listed below. The vision plan portion of the comprehensive plan calls for this area to be “neighborhood.” To the east is Goodfellow Air Force Base, and the vision plan calls for this area to be institutional; staff believes a school would provide for better transition between the Air Force Base and the surrounding residential properties than simply transitioning from the base to the residential areas. This rather stark contrast is nicely buffered by a RM-2 zone with a school placed on the subject property. Staff believes that an RM-2 zoning designation is compatible with the vision plan map’s designation of “neighborhood.” An RM-2 is consistent with this designation and would allow for development to continue currently and in the future as a neighborhood. An RM-2 zone would allow for multi-story multi-family residential units if the school on the present site were ever vacated, however staff does not anticipate this occurrence as construction is currently ongoing to expand the school. Staff does not anticipate any changed conditions that would require examining the vision plan map for this area. An RM-2 zone is consistent with the neighborhood designation and development patterns in this area are not likely to alter due to the proposed zone change. Changing the zoning on the subject property is not expected to change the type of development allowed on the lot to a degree that would affect the natural environment. While the floor area ratio of an RM-2 zone would allow for more of the property to be covered with structures, there are not any anticipated environmental consequences from the proposed zone change. RM-2 zones do suit a community need for a diverse range of housing options within San Angelo, however in this case the proposed use of the property is to continue as an elementary school. This zone change is not anticipated to alter development patterns in the area as a change to a commercial or industrial would alter development patterns for

the area. The RM-2 zone will keep with the character and allow the school to continue its expansion within the bounds of the zoning ordinance.

Proposed Conditions

N/A


the City of San Angelo; excerpt from the vision map of the comprehensive plan,

highlighting the subject property; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; and draft ordinance.

Presentation: Jeff Hintz, Planner


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

RE: Z 11-22: San Angelo Independent School District





by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 323 Penrose Street, at the southwest corner of Penrose Street and Fort McKavett Road, specifically occupying 3 acres out of the G. Blum Survey A-0059 S-0166, in eastern San Angelo shall henceforth be permanently zoned as follows: High Rise Multi-Family Residence (RM-2) District.











by:____________________________________

Alvin New, Mayor

ATTEST:


City of San Angelo


To: Mayor and City Council members

From: AJ Fawver, Planning Manager

Subject: modification of boundaries for Downtown Development District

Location: downtown area of San Angelo, see accompanying map

Contacts: A J Fawver, Planning Manager 657-4210

Caption: First public hearing and introduction of an ordinance amending Article 12.1000 entitled “Downtown Development District” of the San Angelo Code of Ordinances by amending Section 12.1005, entitled “Map”; providing for severability, and, providing for an effective date

Summary: After examining a number of downtown-related districts, the Downtown Development Commission recommends that the boundaries for the Downtown Development District as established by ordinance be amended as indicated below. Background: On August 22nd, the Downtown Development Commission (DDC) looked at other downtown districts that also involved the area within their own district, in response to a request for this information by the Commission at their July 26th meeting. These included:

• Downtown Development District (DDD); • Main Street District; • San Angelo Cultural District; and • Downtown Incentive District.

During this discussion, there was a general consensus that the current boundaries of the DDD should be expanded to include all property within each of the aforementioned areas. In addition, there were comments made regarding an interest in making sure that Surber Drive and the medical area along East Harris and Magdalen were included. The proposed district, does, in fact, include both of these areas. Lastly, there were also suggestions made that the boundaries be expanded to include some areas east of Main Street, south of Washington, and north of Houston Harte. At the October 6th meeting, there was continued discussion based upon a draft map that staff put together, folding in the suggestions from the August meeting. At the conclusion of this discussion, the Commission directed staff to prepare a new and improved boundary map of the Downtown Development Commission to include areas that were identified to the Commission as relevant to the downtown area. These included the addition of two areas that are part of the Main Street District but not currently included in the Downtown Development District: to the southwest of downtown and to the southeast. Also, the Commission asked to include the corridors of North Bryant Boulevard, North Chadbourne Street, and North Main Street as far north as their intersection with West 14th Street; these act as “gateways” and bring traffic downtown. During the November 30th meeting, staff presented a final map incorporating all the suggestions from the previous discussions. At this time, the DDC unanimously approved the changes.

Financial Impact: N/A

Recommendation: The DDC recommends approval of the new boundaries as presented in the attached map. Attachments: DRAFT Ordinance and Map illustrating the new boundaries as proposed.


Publication: N/A Reviewed by: AJ Fawver, Planning Manager (12/8/11)

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES BY AMENDING SECTION 12.005 ENTITLED “MAP” OF ARTICLE 12.1000 ENTITLED “DOWNTOWN DEVELOPMENT DISTRICT”, PROVIDING A NEW MAP THAT EXPANDS THE AREA OF THE DOWNTOWN DEVELOPMENT DISTRICT; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS the downtown area contains the highest concentration of employment

opportunities of any area of the city and serves as an important incubator for new small businesses; and

WHEREAS the City Council created a Downtown Development District by ordinance

adopted October 5, 2010, which ordinance established boundaries for the district; and,

WHEREAS expanding the Downtown Development District to include all of the area

within the boundaries of the Main Street District, as well as well as North Chadbourne Street, North Bryant Boulevard, and North Main Street north of the Houston Harte Expressway contiguous to the current Downtown Development District, would facilitate development of the Downtown Development District consistent with the City of San Angelo Comprehensive Plan and would encourage reinvestment in the District; and,

WHEREAS the Downtown Development Commission recognizes that key entry points

to the Downtown Development District also have an important effect on the development of the district as a whole; and,

WHEREAS the City of San Angelo Downtown Development Commission has

recommended to the City Council that the boundaries of the Downtown Development District be expanded to include the areas as depicted on the map attached hereto as Exhibit A;

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO: 1.) That Chapter 12 of the Code of Ordinances, City of San Angelo, Texas, is hereby amended by restating Section 12.1005 entitled “Map”, of Article 12.1000, entitled “Downtown Development District”, to read as follows:

Section 12.1005 Map

2.) THAT, the terms and provisions of this ordinance shall be deemed to be severable in that if any portion, part or word of this ordinance shall be declared to be invalid, the same shall not affect the validity of the remaining portions, parts or words of this ordinance. INTRODUCED on the 20th day of December, 2011 and finally PASSED, APPROVED AND ADOPTED on this the 3rd day of January, 2012. THE CITY OF SAN ANGELO

________________________________

Alvin New, Mayor ATTEST: ________________________________ Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM _______________________________ ________________________________ AJ Fawver Lysia H. Bowling Planning Manager City Attorney

City of San Angelo Office of the City Clerk



From: Alicia Ramirez, City Clerk Mindy Ward, City Attorney

Subject: Agenda Item for December 20th Council Meeting

Contact: Alicia Ramirez, City Clerk, 657-4405

Caption: Regular Item

First Public Hearing and consideration of introduction of an Ordinance amending established boundaries of Single Member District 4

AN ORDINANCE AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER 4 FOR THE PURPOSE OF INCORPORATING NEWLY ANNEXED AREAS INTO SAID DISTRICT, AND PROVIDING AN EFFECTIVE DATE

Summary: An annexation in SMD #4 was approved on December 20, 2011(approximately 1310 total acres located northeast of the existing city’s corporate limits, composed of the following: 128 acres out of J. Fenner survey 1, 77 acres out of bullock survey 10, 329 acres out of Mrs. Julia A. Egglestone survey 2, 29 acres out of J. Pointevent Survey 1113, 653 acres out of Washington County Railroad Co. surveys 178 and 179, and 94 acres of highway and railroad right-of-way, in Tom Green County, Texas). As part of the submission under Section 5 of the Voting Rights Act, the annexation updates and changes to the established boundaries of Single Member Districts should be cleared through the Department of Justice. The area is inhabited with approximately 27 grantees/individuals and requires no updates to the Census 2010 Population figures. The City will comply with all necessary requirements for the submission by adoption of this ordinance.

Financial Impact: None. Other Information/Recommendation: Staff recommends updating the established boundary of SMD #4. Attachments: Land Ownership Grantees, Annexation Map, Proposed Ordinance, and Revised 2011 SMD Map

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER 4 FOR THE PURPOSE OF INCORPORATING NEWLY ANNEXED AREAS INTO SAID DISTRICT, PROVIDING FOR PRECLEARANCE AND ALL OTHER NECESSARY ACTIONS; AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, pursuant to the City of San Angelo Charter, Section 3 entitled “Annexation”, the City Council shall have the power, after public hearing, of fixing the boundaries of the City of San Angelo and to annex additional territory by ordinance; and

WHEREAS, on December 20, 2011, the City Council adopted Ordinance #2011-12-??? annexing certain inhabited areas into the City of San Angelo; and

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

WHEREAS, changes in single member districts constitute a change from prior practices requiring preclearance under the Federal Voting Rights Act.

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

SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein.

SECTION 2: DESIGNATION OF ESTABLISHED BOUNDARIES: The boundaries of Single Member District 4 be, and are hereby, amended as set forth in Exhibit “A” and Exhibit “B”, attached hereto and incorporated herein by reference for all purposes.

SECTION 3: SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT: The City Clerk of the City of San Angelo, or her authorized agent, shall make such submissions as are necessary to the United State Justice Department to seek pre-clearance approval.

SECTION 4: NECESSARY ACTIONS: The Mayor and the City Clerk, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code, the Texas Election Code and any other state or federal law in carrying out and designating established single member district boundaries, whether or not expressly authorized herein and all actions previously taken are hereby ratified.

SECTION 5: SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.

SECTION 6: EFFECTIVE DATE: This ordinance shall be effective from and after adoption of this ordinance.

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

CITY OF SAN ANGELO, TEXAS _________________________ Alvin New, Mayor

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

_________________________ __________________________ Alicia Ramirez, City Clerk Lysia H. Bowling, City Attorney

EXHIBIT “A”

DESCRIPTION OF SINGLE MEMBER DISTRICT 4

FOR SAN ANGELO, TEXAS

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

TRACT / BLOCK TRACT / BLOCK TRACT / BLOCK

TRACTCE10 BLOCKCE10

000300 1003 000300 1011 000300 1014 000300 1015 000300 1016 000300 1017 000300 1018 000300 1019 000300 1023 000300 1030 000300 1031 000300 1032 000300 1035 000300 1036 000300 1037 000300 1038 000300 1039 000300 1040 000300 1041 000300 1042 000300 1043 000300 1044 000300 1045 000300 1046 000300 1047 000300 1048 000300 1049 000300 1050 000300 1051 000300 1052 000300 1053 000300 1054 000300 1055 000300 1056 000300 1057

000300 1058 000300 1059 000300 1060 000300 1061 000300 1062 000300 1063 000300 1064 000300 1065 000300 1066 000300 1067 000300 1068 000300 1070 000300 1071 000300 1072 000300 1073 000300 1074 000300 1075 000300 1076 000300 1077 000300 1078 000300 1079 000300 1080 000300 1081 000300 1082 000300 1083 000300 1084 000300 1085 000300 1086 000300 1087 000300 1088 000300 1089 000300 1090 000300 1091 000300 1092 000300 1093 000300 1094 000300 1095

000300 1096 000300 1097 000300 1098 000300 1099 000300 1100 000300 1101 000300 1102 000300 1103 000300 1104 000300 1105 000300 1106 000300 1108 000300 1109 000300 1110 000300 1111 000300 1112 000300 1113 000300 1114 000300 1115 000300 2000 000300 2001 000300 2002 000300 2003 000300 2004 000300 2005 000300 2006 000300 2007 000300 2008 000300 2009 000300 2010 000300 2011 000300 2012 000300 2013 000300 2014 000300 2015 000300 2016 000300 2017

000300 2018 000300 2019 000300 2020 000300 2021 000300 2022 000300 2023 000300 2024 000300 2025 000300 2026 000300 2027 000300 2028 000300 2029 000300 2030 000300 2031 000300 2032 000300 2033 000300 2034 000300 2035 000300 2036 000300 2042 000300 2043 000300 2044 000300 2045 000300 2050 000300 2051 000300 2052 000300 2053 000300 2054 000300 2084 000300 2085 000300 2086 000300 2087 000300 2088 000300 2106 000300 2107 000300 2108 000300 2109 000300 2110 000300 3000 000300 3001 000300 3002 000300 3003 000300 3004 000300 3005 000300 3006

000300 3007 000300 3008 000300 3009 000300 3010 000300 3011 000300 3012 000300 3013 000300 3014 000300 3015 000300 3016 000300 3017 000300 3018 000400 1000 000400 1001 000400 1002 000400 1003 000400 1004 000400 1005 000400 1006 000400 1007 000400 1008 000400 1009 000400 1010 000400 1011 000400 1012 000400 1013 000400 1014 000400 1015 000400 1016 000400 1017 000400 1018 000400 1019 000400 1020 000400 1021 000400 1022 000400 1023 000400 1024 000400 4000 000400 4001 000400 4002 000400 4003 000400 4004 000400 4005 000400 4006 000400 4007

000400 4008 000400 4009 000400 4010 000400 4011 000400 4012 000400 4013 000400 4014 000400 4015 000400 4016 000400 4017 000400 4018 000400 4019 000400 4020 000400 4021 000400 4022 000400 4023 000400 4024 000400 4025 000400 4026 000400 4027 000400 4028 000400 4029 000400 4030 000400 5000 000400 5001 000400 5002 000400 5003 000400 5004 000400 5005 000400 5006 000400 5007 000400 5008 000400 5009 000400 5010 000400 5011 000400 5012 000400 5013 000400 5014 000400 5015 000400 5016 000400 5017 000400 5018 000400 5019 000400 5020 000400 5021

000400 5022 000400 5023 000400 5024 000400 5025 000400 5026 000400 5027 000400 5028 000400 5029 000400 6003 000400 6004 000400 6017 000400 6018 000400 6029 000400 6030 000400 7000 000400 7001 000400 7002 000400 7003 000400 7004 000400 7005 000400 7006 000400 7007 000400 7008 000400 7009 000400 7010 000400 7011 000400 7012 000400 7013 000400 7014 000400 7015 000400 7016 000400 7017 000400 7018 000400 7019 000400 7020 000400 7021 000400 7022 000400 7023 000400 7024 000400 7025 000400 7026 000400 7027 000400 7028 000400 7029 000400 7030

000400 7031 000400 7032 000400 8002 000700 3002 000801 2000 000801 2001 000801 2002 000801 2003 000801 2004 000801 2005 000801 2006 000801 2007 000801 2008 000801 2009 000801 2010 000801 2011 000801 2012 000802 1004 000802 1005 000802 1006 000802 1008 000802 1009 000802 1010 000802 1011 000802 1012 000802 1013 000802 1014 000802 1015 000802 1016 000802 1017 000802 1018 000802 1019 000802 1020 000802 1021 000802 1022 000802 1023 000802 1024 000802 1027 000802 1028 000802 1029 000802 1030 000802 1031 000802 1032 000802 1033 000802 1034

000802 1035 000802 1036 000802 1037 000802 1039 000802 1040 000802 1041 000802 1044 000802 1045 000802 1046 000802 1047 000802 1048 000802 1049 000802 2000 000802 2001 000802 2002 000802 2003 000802 2004 000802 2005 000802 2006 000802 2007 000802 2008 000802 2009 000802 2010 000802 2011 000802 2012 000802 2013 000802 2014 000802 2015 000802 2016 000802 2017 000802 2018 000802 2019 000802 2020 000802 2021 000802 3000 000802 3001 000802 3002 000802 3003 000802 3004 000802 3005 000802 3006 000802 3007 000802 3008 000802 3009 000802 3010

000802 3011 000802 3012 000802 3013 000802 3014 000802 3015 000802 3016 000802 3017 000802 3018 000802 3019 000802 3020 001600 3094 001600 3099 001600 3115 001600 3116 001600 3125 001600 3126 001800 2000 001800 2001 001800 2002 001800 2003 001800 2004 001800 2005 001800 2006 001800 2007 001800 2008 001800 2009 001800 2010 001800 2011 001800 2012 001800 2013 001800 3000 001800 3001 001800 3002 001800 3003 001800 3004

001800 3005 001800 3006 001800 3007 001800 3008 001800 3009 001800 3010 001800 3011 001800 3012 001800 3013 001800 3014 001800 3015 001800 3021 001800 3022 001800 3023 001800 3024 001800 3025 001800 3026 001800 3027 001800 3028 001800 3029 001800 3030 001800 3031 001800 3032 001800 3033 001800 3034 001800 3035 001800 3036 001800 3037 001800 3038 001800 3039 001800 3040 001800 3041 001800 3042 001800 3043 001800 3044

001800 3045 001800 3046 001800 3047 001800 3048 001800 3049 001800 3050 001800 3051 001800 3052 001800 3053 001800 3054 001800 3055 001800 3056 001800 3057 001800 3058 001800 3059 001800 3060 001800 3061 001800 3062 001800 3063 001800 3064 001800 3065 001800 3066 001800 3067 001800 3068 001800 3069 001800 3073 001800 3074 001800 3075 001800 3076 001800 3081 001800 3082 001800 3083 001800 3084 001800 3085 001800 3093

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER 4 FOR THE PURPOSE OF INCORPORATING NEWLY ANNEXED AREAS INTO SAID DISTRICT, PROVIDING FOR PRECLEARANCE AND ALL OTHER NECESSARY ACTIONS; AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the City of San Angelo is a Home Rule municipal corporation operating under a municipal charter that has been adopted as authorized by Article XI, Section 5 of the Texas Constitution; and,

WHEREAS, pursuant to the City of San Angelo Charter, Section 3 entitled “Annexation”, the City Council shall have the power, after public hearing, of fixing the boundaries of the City of San Angelo and to annex additional territory by ordinance; and

WHEREAS, on December 20, 2011, the City Council adopted Ordinance #2011-12-??? annexing certain inhabited areas into the City of San Angelo; and

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

WHEREAS, changes in single member districts constitute a change from prior practices requiring preclearance under the Federal Voting Rights Act.

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

SECTION 1: RECITALS INCORPORATED. The recitals set forth above are incorporated into the body of this Resolution as findings of the City Council as if fully set forth herein.

SECTION 2: DESIGNATION OF ESTABLISHED BOUNDARIES: The boundaries of Single Member District 4 be, and are hereby, amended as set forth in Exhibit “A” and Exhibit “B”, attached hereto and incorporated herein by reference for all purposes.

SECTION 3: SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT: The City Clerk of the City of San Angelo, or her authorized agent, shall make such submissions as are necessary to the United State Justice Department to seek pre-clearance approval.

SECTION 4: NECESSARY ACTIONS: The Mayor and the City Clerk, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary or appropriate to comply with the provisions of the San Angelo Code of Ordinances, the Texas Election Code and any other Texas State or federal law in carrying out and designating established single member district boundaries for District 4, as amended, whether or not expressly authorized herein and all such actions of City officials previously taken for said purposes are hereby ratified.

SECTION 5: SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.

SECTION 6: EFFECTIVE DATE: This ordinance shall be effective from and after adoption of this ordinance.

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

CITY OF SAN ANGELO, TEXAS _________________________ Alvin New, Mayor

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

_________________________ __________________________ Alicia Ramirez, City Clerk Lysia H. Bowling, City Attorney

EXHIBIT “A”

DESCRIPTION OF SINGLE MEMBER DISTRICT 4

FOR SAN ANGELO, TEXAS

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

TRACT / BLOCK TRACT / BLOCK TRACT / BLOCK 000300 1003 000300 1011 000300 1014 000300 1015 000300 1016 000300 1017 000300 1018 000300 1019 000300 1023 000300 1030 000300 1031 000300 1032 000300 1035 000300 1036 000300 1037 000300 1038 000300 1039 000300 1040 000300 1041 000300 1042 000300 1043 000300 1044 000300 1045 000300 1046 000300 1047 000300 1048 000300 1049 000300 1050 000300 1051 000300 1052 000300 1053 000300 1054 000300 1055 000300 1056 000300 1057 000300 1058 000300 1059

000300 1060 000300 1061 000300 1062 000300 1063 000300 1064 000300 1065 000300 1066 000300 1067 000300 1068 000300 1070 000300 1071 000300 1072 000300 1073 000300 1074 000300 1075 000300 1076 000300 1077 000300 1078 000300 1079 000300 1080 000300 1081 000300 1082 000300 1083 000300 1084 000300 1085 000300 1086 000300 1087 000300 1088 000300 1089 000300 1090 000300 1091 000300 1092 000300 1093 000300 1094 000300 1095 000300 1096 000300 1097

000300 1098 000300 1099 000300 1100 000300 1101 000300 1102 000300 1103 000300 1104 000300 1105 000300 1106 000300 1108 000300 1109 000300 1110 000300 1111 000300 1112 000300 1113 000300 1114 000300 1115 000300 2000 000300 2001 000300 2002 000300 2003 000300 2004 000300 2005 000300 2006 000300 2007 000300 2008 000300 2009 000300 2010 000300 2011 000300 2012 000300 2013 000300 2014 000300 2015 000300 2016 000300 2017 000300 2018 000300 2019

000300 2020 000300 2021 000300 2022 000300 2023 000300 2024 000300 2025 000300 2026 000300 2027 000300 2028 000300 2029 000300 2030 000300 2031 000300 2032 000300 2033 000300 2034 000300 2035 000300 2036 000300 2042 000300 2043 000300 2044 000300 2045 000300 2050 000300 2051 000300 2052 000300 2053 000300 2054 000300 2084 000300 2085 000300 2086 000300 2087 000300 2088 000300 2106 000300 2107 000300 2108 000300 2109 000300 2110 000300 3000 000300 3001 000300 3002 000300 3003 000300 3004 000300 3005 000300 3006 000300 3007 000300 3008

000300 3009 000300 3010 000300 3011 000300 3012 000300 3013 000300 3014 000300 3015 000300 3016 000300 3017 000300 3018 000400 1000 000400 1001 000400 1002 000400 1003 000400 1004 000400 1005 000400 1006 000400 1007 000400 1008 000400 1009 000400 1010 000400 1011 000400 1012 000400 1013 000400 1014 000400 1015 000400 1016 000400 1017 000400 1018 000400 1019 000400 1020 000400 1021 000400 1022 000400 1023 000400 1024 000400 4000 000400 4001 000400 4002 000400 4003 000400 4004 000400 4005 000400 4006 000400 4007 000400 4008 000400 4009

000400 4010 000400 4011 000400 4012 000400 4013 000400 4014 000400 4015 000400 4016 000400 4017 000400 4018 000400 4019 000400 4020 000400 4021 000400 4022 000400 4023 000400 4024 000400 4025 000400 4026 000400 4027 000400 4028 000400 4029 000400 4030 000400 5000 000400 5001 000400 5002 000400 5003 000400 5004 000400 5005 000400 5006 000400 5007 000400 5008 000400 5009 000400 5010 000400 5011 000400 5012 000400 5013 000400 5014 000400 5015 000400 5016 000400 5017 000400 5018 000400 5019 000400 5020 000400 5021 000400 5022 000400 5023

000400 5024 000400 5025 000400 5026 000400 5027 000400 5028 000400 5029 000400 6003 000400 6004 000400 6017 000400 6018 000400 6029 000400 6030 000400 7000 000400 7001 000400 7002 000400 7003 000400 7004 000400 7005 000400 7006 000400 7007 000400 7008 000400 7009 000400 7010 000400 7011 000400 7012 000400 7013 000400 7014 000400 7015 000400 7016 000400 7017 000400 7018 000400 7019 000400 7020 000400 7021 000400 7022 000400 7023 000400 7024 000400 7025 000400 7026 000400 7027 000400 7028 000400 7029 000400 7030 000400 7031 000400 7032

000400 8002 000700 3002 000801 2000 000801 2001 000801 2002 000801 2003 000801 2004 000801 2005 000801 2006 000801 2007 000801 2008 000801 2009 000801 2010 000801 2011 000801 2012 000802 1004 000802 1005 000802 1006 000802 1008 000802 1009 000802 1010 000802 1011 000802 1012 000802 1013 000802 1014 000802 1015 000802 1016 000802 1017 000802 1018 000802 1019 000802 1020 000802 1021 000802 1022 000802 1023 000802 1024 000802 1027 000802 1028 000802 1029 000802 1030 000802 1031 000802 1032 000802 1033 000802 1034 000802 1035 000802 1036

000802 1037 000802 1039 000802 1040 000802 1041 000802 1044 000802 1045 000802 1046 000802 1047 000802 1048 000802 1049 000802 2000 000802 2001 000802 2002 000802 2003 000802 2004 000802 2005 000802 2006 000802 2007 000802 2008 000802 2009 000802 2010 000802 2011 000802 2012 000802 2013 000802 2014 000802 2015 000802 2016 000802 2017 000802 2018 000802 2019 000802 2020 000802 2021 000802 3000 000802 3001 000802 3002 000802 3003 000802 3004 000802 3005 000802 3006 000802 3007 000802 3008 000802 3009 000802 3010 000802 3011 000802 3012

000802 3013 000802 3014 000802 3015 000802 3016 000802 3017 000802 3018 000802 3019 000802 3020 001600 3094 001600 3099 001600 3115 001600 3116 001600 3125 001600 3126 001800 2000 001800 2001 001800 2002 001800 2003 001800 2004 001800 2005 001800 2006 001800 2007 001800 2008 001800 2009 001800 2010 001800 2011 001800 2012 001800 2013 001800 3000 001800 3001 001800 3002 001800 3003 001800 3004 001800 3005 001800 3006

001800 3007 001800 3008 001800 3009 001800 3010 001800 3011 001800 3012 001800 3013 001800 3014 001800 3015 001800 3021 001800 3022 001800 3023 001800 3024 001800 3025 001800 3026 001800 3027 001800 3028 001800 3029 001800 3030 001800 3031 001800 3032 001800 3033 001800 3034 001800 3035 001800 3036 001800 3037 001800 3038 001800 3039 001800 3040 001800 3041 001800 3042 001800 3043 001800 3044 001800 3045 001800 3046

001800 3047 001800 3048 001800 3049 001800 3050 001800 3051 001800 3052 001800 3053 001800 3054 001800 3055 001800 3056 001800 3057 001800 3058 001800 3059 001800 3060 001800 3061 001800 3062 001800 3063 001800 3064 001800 3065 001800 3066 001800 3067 001800 3068 001800 3069 001800 3073 001800 3074 001800 3075 001800 3076 001800 3081 001800 3082 001800 3083 001800 3084 001800 3085 001800 3093

ACCT RECAC GRANTEE SURVEYNM SECTNM SUBNM SUBSEC SUBLOCK SUBLOT TRACT STCD HOUSE NSEW STNAM60-58000-0000-001-20 129.9890 88 RANCH TRUST J EGGLESTONE 2 6038 4101 OLD BALLINGER HWY44-04032-0000-100-00 0.0000 ANGELO PELLETS LTD 0 035-02000-0005-001-00 2.7370 CABRERA ALEJANDRO J AUSTIN N A 5 6038 3809 OLD BALLINGER HWY35-02000-0006-001-00 1.0000 CABRERA JOSE FELIX AUSTIN N A 6 6038 3809 OLD BALLINGER HWY60-35500-0008-000-00 0.0000 CSA MATERIALS INC 0 061-04985-0213-050-00 22.2700 DELEK MARKETING & SUPPLY* J FENNER 1 3421 0 N HWY 67 US60-34000-0000-004-00 13.2840 DIXON ELMER C - DECEASED BURK LEON A JR D 0 060-58000-0002-000-00 5.0000 DYER JAMES F III J EGGLESTONE 2 2 3425 0 N HWY 27760-35500-0007-000-00 0.0000 HENDERSON JOSEPH W 0 060-35500-0001-000-00 0.0000 JJH INVESTMENT PROPERTIE* 0 060-35500-0004-000-00 0.0000 KATCO KONCRETE INC 0 035-02000-0007-001-00 10.0000 LA UNICA BROADCASTING CO AUSTIN N A 7\8 6038 3927 OLD BALLINGER HWY44-04032-0001-000-00 3.0000 LOREDO ABEL 179 6038 3635 OLD BALLINGER HWY61-04985-0260-200-00 0.0000 MARTIFER ENERGY SYSTEMS * 0 044-04873-0004-000-00 50.8810 MARTIN SPROCKET & GEAR I* J POITEVENT 1113 6038 0 OLD BALLINGER HWY35-02000-0003-002-00 5.4500 MILLER DAVID WAYNE & KAR* AUSTIN N A 3/4 6038 3750 OLD BALLINGER HWY44-04032-0002-000-00 6.3370 MORA AGUILAR FRANCISCO &* 179 6038 3601 OLD BALLIGER HWY61-04985-0270-000-00 0.0000 MUELLER FREDERICK H 0 060-35500-0002-000-01 2.0290 MUELLER HAROLD W & MARGA* 1 0 060-35500-0009-000-00 0.0000 NEFF TODD 0 035-02000-0009-001-00 8.5100 SCOTT ROY DON AUSTIN N A 9 6038 3929 OLD BALLINGER HWY35-02000-0001-001-00 9.0000 SHEEN JERRY M(DEC) & LOI* AUSTIN N A 1 0 060-35500-0004-001-00 0.0000 TEXAS NAT'L GUARD ARMORY* 0 061-04985-0213-010-00 65.5900 TOM GREEN COUNTY J FENNER 1 0 061-04985-0213-020-00 1.1350 TOM GREEN COUNTY PUBLIC * J FENNER 1 0 044-04032-0004-000-00 0.0000 TRASHAWAY SERVICES INC 0 060-35500-0010-000-00 0.0000 WEBER EARL M & MICHELLE 0 0

City of San Angelo Finance Department



From: Morgan Trainer, Budget Analyst, Sr.

Subject: Agenda Item for December 20, 2011 Council Meeting

Contact: Don Maynard, Budget Manager 481-2757

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

First public hearing and introduction of an Ordinance amending the 2011-2012 Budget for encumbrances, restricted and dedicated moneys, new projects, incomplete projects, and grants.

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

• Encumbrances, Grants, Citizen Contributions, Restricted Monies, and Incomplete Projects • VCO Balance Reimbursement • Energy Efficiency Settlement • Police Bulletproof Vest Partnership Grant • Police Justice Assistance Grant • Transfer from Development Corporation for Debt Service • Twin Buttes Reservoir Recreation Use Plan • Kirby Community Park Development • Senior Services Computers

History: See attached Budget Amendment Request memorandum.

Financial Impact: $17,090,713 (see attached detail on Exhibit A of the Ordinance)

Related Vision Item (if applicable): N/A

Other Information/Recommendation: Staff recommends approval.

Attachments: Ordinance including Exhibit A; Department request memos

Presentation: N/A

Publication: N/A

Reviewed by Service Area Director: Michael Dane

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR ENCUMBRANCES, RESTRICTED AND DEDICATED MONEYS, NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS.

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

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

WHEREAS the resources necessary for these changes are available;

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

The City’s budget for fiscal year 2011-2012 be amended by the amounts contained in Exhibit A.

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

CITY OF SAN ANGELO, TEXAS

__________________________________ Alvin New, Mayor

ATTEST: __________________________________ Alicia Ramirez, City Clerk

Approved as to Content and Form:

__________________________________ Michael Dane, Finance Director

City of San Angelo Proposed Budget Amendment Exhibit A

Fund Number Fund Name

Total Revenue Amendment

Total Expenditure Amendment

Net Benefit/

(Cost)

101 General 143,520 1,132,153 (988,633) 103 Intergovernmental 1,061,454 1,075,565 (14,111) 105 Debt Service 745,675 745,675 0 201 State Office Building 0 265,048 (265,048) 202 Golf Course 0 18,750 (18,750) 220 Airport 0 7,500 (7,500) 240 Stormwater 0 25,000 (25,000) 260 Water 9,000 256,818 (247,818) 270 Wastewater 0 121,617 (121,617) 301 Vehicle Maintenance 0 59,654 (59,654) 330 Workers Compensation 0 22,943 (22,943) 501 Equipment Replacement 0 48,031 (48,031) 502 General Capital Projects 471,729 823,178 (351,449) 512 Water Capital Projects 0 5,899,076 (5,899,076) 520 Wastewater Capital Projects 0 6,206,693 (6,206,693) 601 Designated Revenue 57,454 383,012 (325,558)

Totals 2,488,832 17,090,713 (14,601,881)

City of San Angelo

Proposed Budget Amendment Additional Information

Project/Need Source of Funding Revenue Expense Net Benefit/

(Cost) Budget Carryovers Encumbrances Multiple Funds – Fund

Balance 0 666,319 (666,319)

Grants Multiple Funds – Fund

Balance 1,018,560 1,032,671 (14,111)

Citizen Contribution Multiple Funds – Fund

Balance 2,000 327,558 (325,558)

Restricted Items Multiple Funds – Fund

Balance 0 800,953 (800,953)

Capital Projects Multiple Funds – Fund

Balance 471,729 13,140,169 (12,668,440)

VCO Balance Reimbursement General Fund – Fund

Balance 0 126,500 (126,500)

Energy Efficiency Settlement AEP Settlement 143,520 143,520 0 Police Bulletproof Vest Partnership Grant Department of Justice 9,265 9,265 0 Police Justice Assistance Grant Department of Justice 33,629 33,629 0 Transfer from Development Corporation for Debt Service

Type B Sales Tax 745,675 745,675 0

Twin Buttes Reservoir Recreation Use Plan Bureau of Reclamation 9,000 9,000 0 Kirby Community Park Development Donations 50,000 50,000 0 Senior Services Computers Santa Fe Crossing

Senior Citizen’s Foundation

5,454 5,454 0

Totals 2,488,832 17,090,713 (14,601,881)





Subject: Agenda Item for December 20, 2011, Council Meeting


Caption: Regular Agenda Item

FIRST PUBLIC HEARING AND CONSIDERATION OF INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF SAN ANGELO, AMENDING CHAPTER 9, ENTITLED “LAKES, PARKS AND RECREATION AREAS”, ARTICLE 9.200, ENTITLED “PARKS”, BY REPEALING SECTION 9.207, ENTITLED “MERCHANDIZING, ADVERTISING AND SIGN”, ENACTING A NEW SECTION 9.207, ENTITLED “PROHIBITED SALES, ADVERTISING AND SIGNAGE ON PARK PROPERTY; EXCEPTIONS”; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY; AND, PROVIDING FOR AN EFFECTIVE DATE.

Summary: Staff recommends approval of this proposed ordinance amendment. Passing this ordinance would allow for the sale and advertising of merchandise, food or services at the parks including public events, sports league events and at the Santa Fe Golf Course. A strict interpretation of the current ordinance does not allow for this.

This proposed ordinance change would allow for advertising and sales at park properties as long as that advertising and those sales are authorized through our existing permit and review processes.

Financial Impact:

There is no cost to this ordinance. In fact, the ordinance would, through permitted process, allow for the placing of sponsorship advertising which would generate revenue.

Attachments: Existing ordinance and proposed amended ordinance.

Presentation: Verbal and PowerPoint.

Publication: N/A


Approved by Legal:

December 8, 2011

Existing Ordinance, Section 9.207, entitled “Merchandising, Advertising and Sign” Sec. 9.207 Merchandising, Advertising and Sign It shall hereafter be unlawful for any person in a park to: (1) Expose or offer for sale any article or thing or station or place any stand, cart or vehicle for

the transportation, sale or display of any such article or thing; provided, however, that during the Christmas season, the sale of Christmas trees in park areas designated by the superintendent shall be permitted.

(2) Announce, advertise, or call to public attention in any way to any article or service for sale or

hire. (3) Face, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever,

or erect or cause to be erected any sign whatever on any public lands, highways or roads adjacent to any park.

(4) Provided, however, this section shall not apply during community events sponsored or

hosted by the city to persons who have been duly authorized by the chamber of commerce to display or sell food or merchandise at such events.

(1959 Code of Ordinances, Sec. 9-10-7)

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


1) THAT, Chapter 9, Article 9.200 Section 9.207 of the Code of Ordinances of the City of San Angelo, Texas is hereby amended to read as follows: ARTICLE 9.200 PARKS

Sec. 9.207 Prohibited Sales, Advertising and Signage on Park Property; Exceptions

(1) It shall be unlawful for any person, in or upon any park property or premises, to sell or display for sale merchandise, food or services; (2) It shall be unlawful for any person, in or upon any park property or premises, to advertise for sale or place or post signage to advertise for sale merchandise, food, services, events or sponsorships; (3) The prohibitions of this Section shall not apply to persons who are specifically authorized by the City to sell, display, advertise or place or post signage to advertise for sale merchandise, food, services, events, or sponsorships in or upon any park property or premises.

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

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

4) THAT, the following penalty clause is adopted with this amendment: PENALTY: Any person who violates any provisions of this Article shall be guilty of a Misdemeanor and upon conviction shall be subject to a fine as provided for in Section 1.106 of this Code. Each day of such violation shall constitute a separate offense.

C:\Users\bryan.kendrick\Desktop\01-03-12\12b PK Parks Merchandising Advertising and Signs ORD.doc

4) THAT, this Ordinance shall be effective on, from and after the date of

adoption.

INTRODUCED on the day of , 2011, and finally PASSED,

APPROVED and ADOPTED on this the day of , 2011.

CITY OF SAN ANGELO

ATTEST: BY:

Alvin New, Mayor

By: Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: Carl White Lysia H. Bowling Director, Parks & Recreation City Attorney

City of San Angelo

Memo Date: November 18, 2011


From: Robert A. Schneeman, Development Coordinator

Subject: Agenda Item for 12/06/2011 Council Meeting

Contact:


Consideration and possible approval of an ordinance amending Chapter 12.900 entitled “Tax Increment Reinvestment Zone” of the San Angelo Code of Ordinances by amending Section 12.902, entitled Tax Increment Reinvestment Zone Boundaries; providing for severability; and, providing for an effective date.

Summary: At its regular meeting of October 26, 2011 the TIRZ Board reviewed proposed changes to the TIRZ Boundary to add three parcels to the South TIRZ .As a result the TIRZ Board instructed staff to investigate any possible additions to the North TIRZ area and approved the proposed changes to the South TIRZ. At its regular meeting of November 16, 2011 the TIRZ Board approved the proposed revisions to the TIRZ boundary to include the addition of one parcel in the North TIRZ area recommending the changes to the boundary for submittal to Council.

History: At its regular meeting of December 19, 2006, City Council approved an ordinance establishing the Tax Increment Reinvestment Zone (TIRZ #1) in North and Central San Angelo. Prior to that date the TIRZ Boundary and Preliminary Project Plan and Reinvestment Zone Financing Plan were prepared by Spillette Consulting.

Staff has proposed adding a total of three parcels in the South TIRZ and one parcel in the North TIRZ to the boundary specified previously. The addition in the North TIRZ is intended to consolidate property owned by a single entity, the remainder of whose property in the immediate vicinity is already contained within the TIRZ Boundary. The three additions in the South TIRZ include the Lowes Grocery Store at Main & Harris, a vacant lot at Washington & Oakes and the new SKG Engineering building under construction at Avenue C & Abe. It is anticipated that inclusion of these three parcels will help increase the South TIRZ account.

Financial Impact: Varies

Related Vision Item

(if applicable):

Other Information/ Recommendation:

Staff recommends approval

Attachments: TIRZ Minutes Excerpt 10-26-2011;TIRZ Minutes Excerpt 11-16-2011; Ordinance to Amend Section 12.902; Exhibit A

Presentation: Shawn Lewis, Director of Community & Economic Development

Publication:

Reviewed by Director:

Shawn Lewis

Approved by Legal: 11/30/2011

MINUTE RECORD OF THE CITY OF SAN ANGELO TAX INCREMENT REINVESTMENT ZONE MEETING HELD ON WEDNESDAY, OCTOBER 26, 2011 AT 12:00 PM, MCNEASE CONVENTION CENTER, 500 RIO CONCHO DRIVE. PRESENT: Lee Pfluger, Mike Campbell, Bob Pfluger, Rebekah Brackin,

Craig Kinney, Nelly Perez, Roger Allen, & David Mazur ABSENT: Gerard Gallegos (AU); John Calvert (AU); David Mazur (AE);

William Dendle (AE) STAFF: Shawn Lewis, Director of Development Services Bob Schneeman, Development Coordinator Nora Regino, Sr. Admin Assistant AJ Fawver, Planning Manager

I. Call to order, establish quorum.

The meeting was called to order at 12:00 pm. It was established that a quorum was present.

VI. Consideration and possible action regarding modifying the current TIRZ Boundary to include additional areas within the South TIRZ. Shawn Lewis came forward to present this request. He explained that a tax credit project is in the works and the developer discussing this with staff asked that the TIRZ boundary be expanded. By doing research, staff discovered that the project plan for the TIRZ has not been finalized, and thus, the boundaries could be expanded. The expansions proposed by staff include the location of Lowes grocery store, a vacant lot along South Oakes near Avenue D (south of the Paseo), and the new SKG facility on South Abe Street. Bob Pfluger asked how many times the boundaries could be changed. Bob Schneeman explained that this would be the finalization. However, amendments can be made in the future if the appropriate process is followed. Lee Pfluger asked what the timing would be on this. Mr. Lewis replied that it needed to be done by December. Mr. Pfluger asked if they had looked at the northern zone. Mr. Lewis replied that they had not, and Mr. Pfluger urged them to do so. Motion, to adopt the modifications to the South TIRZ as presented and to direct staff to examine possible examination of areas for modification and expansion in the North TIRZ, was made by Craig Kinney and seconded by Roger Allen. The motion passed unanimously, 7-0.

MINUTE RECORD OF THE CITY OF SAN ANGELO TAX INCREMENT REINVESTMENT ZONE MEETING HELD ON WEDNESDAY, NOVEMBER 16, 2011 AT 12:00 PM, MCNEASE CONVENTION CENTER, 500 RIO CONCHO DRIVE. PRESENT: Lee Pfluger, John Calvert, David Mazur, Bob Pfluger, Rebekah

Brackin, Mike Campbell, Roger Allen, Nelly Perez ABSENT: William Dendle (AE), Gerard Gallegos (AU), Craig Kinney (AE),

Rod Villegas (AE) STAFF: Shawn Lewis, Director of Development Services Bob Schneeman, Development Coordinator Nora Regino, Sr. Admin Assistant AJ Fawver, Planning Manager Clinton Bailey, City Engineer Blake Wilde, Project Engineer

I. Call to order, establish quorum.

The meeting was called to order at 12:00 pm. It was established that a quorum was present.

II. Public comment. The chair will call for public comment on each item on the agenda at its appropriate time. Public input on an item not on the agenda may be identified and requested for consideration by the board at this time.

There was no public comment.

III. Consideration of approving the minutes from the October 26, 2011 meeting. The minutes were deferred until the next meeting as there was a distribution issue and they were not included in the packets.

IV. Consideration and possible action regarding modifying the current TIRZ Boundary to include additional areas within the North and South TIRZ Shawn Lewis, Director of Community and Economic Development, came forward to present this item. He reminded the board that, at their October 26 meeting, they had authorized staff to make three changes to the TIRZ boundary; the first, to add a parcel of property now being built on by SKG Engineering to the southwest contiguous to the area, the second, to include Lowes grocery store on Beauregard and Main, and the third, a vacant piece of property across from Fort Concho. Mr. Lewis also reviewed that the finalization had not been completed for the TIRZ before, and that this presented an opportunity to expand the boundaries. Staff added all Hirschfeld properties into

the north TIRZ zone. Staff is asking the board members to approve a) adding the additional property identified into the north TIRZ zone, and b) shifting the dividing line between the north and south TIRZ. Motion, to include the Hirschfeld property, was made by David Mazur and seconded by Roger Allen. The motion passed unanimously, 9-0. Mr. Lewis continued his presentation, explaining that there is often confusion about the dividing line between the north and south zones. When originally drawn, the Multi-Modal facility was deliberately placed in the north zone in the TIRZ. Mr. Lewis explained that this confusion often creates problems when some property owners are in the zone and their neighbors are just outside. Staff recommends moving the dividing line to Houston Harte leaving just the Multi-Modal facility and related pedestrian amenities in the north zone. Lee Pfluger stated that there are not two zones, only one, and that this is an internal issue. There will always be issues with differences, and people need to just learn where the lines are. Johnny Calvert stated that he didn’t see this helping the situation any. David Mazur disagreed, explaining that Houston Harte is definitely a dividing line, and has always been assumed as such, and this makes it clearer. Roger Allen also liked Houston Harte as being the dividing line. Mike Campbell explained that the jog around the Multi-Modal still creates problems. Bob Pfluger said he thought moving the entire line to Houston Harte would be easier, but understood that could create some issues. Lee Pfluger said that pulling lots from one area into another (south of Houston Harte for the first few blocks) would be controversial. David Mazur explained that there are mostly warehouses. Mr. Lewis explained that the area in question is prime for redevelopment and noted that it could be strategically beneficial. There were no other comments and no action was taken.

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©T.I.R.Z.1331 acres

LegendT.I.R.Z. Boundary

District 1

District 2

District 3

District 4

District 5

District 6

T.I.R.Z. North671 Acres (29,148,166 sq.ft.)

T.I.R.Z. South660 Acres (28,332,259 sq.ft.)

Path: K:\tirz\workarea\tirz_ap_to council.mxd

Exhibit A

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


WHEREAS, on December 19, 2006, pursuant to V.T.C.A., Tax Code, Chapter 311, Tax Increment Financing Act, (”Act”) the City Council of the City of San Angelo, Texas by ordinance created a tax increment reinvestment zone named “Reinvestment Zone Number One, City of San Angelo,” (“Zone”) to preserve the near and long term integrity of the economic and social investment in the designated area and needed to encourage additional new projects within the designated area of the city; and

WHEREAS, said ordinance is codified in the San Angelo Code of Ordinances, Article 12.900, entitled “Tax Increment Reinvestment Zone”, and pursuant to the V.T.C.A., Tax Code, Section 311.004, entitled “Contents of Reinvestment Zone Ordinance or Order”, certain provisions are required to be incorporated into Article 12.900; and

WHEREAS, pursuant to V.T.C.A., Tax Code, Section 311.007, entitled “Changing

Boundaries of Existing Zones”, the governing body that created the zone may by ordinance reduce or enlarge the boundaries of an existing reinvestment zone, and the City Council of the City of San Angelo desires to change the boundaries of the existing zone by enlarging the zone by seventeen acres, more or less;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, THAT: Section 1. THAT the facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. Section 2. THAT, Section 12.902, entitled “Tax Increment Reinvestment Zone Boundaries”, is hereby amended to read as follows:

The “Reinvestment Zone Number One, City of San Angelo” boundaries are designated to include only that territory described in Exhibit “A”, incorporated herein for all purposes, consisting of 1331 Acres, more or less, located centrally within the corporate limits of the City of San Angelo, Tom Green County, Texas”

Section 3. If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to any person to set circumstances, is for any reason held to be unconstitutional, void or invalid, the validity of the remaining provisions of this Ordinance or their application to other persons or set of circumstances shall not be affected thereby, it being

the intent of the City Council in adopting this Ordinance that no portion hereof or regulations connected herein shall become inoperative or fail by reason of any unconstitutionality, invalidity or void finding of any portion hereof, and all provisions of this Ordinance are declared severable for that purpose. Section 4. THAT, this Ordinance shall be effective on, from and after the date of adoption. INTRODUCED on the day of , 2011, and finally PASSED, APPROVED and ADOPTED on this the day of , 2011.

CITY OF SAN ANGELO, TEXAS ATTEST:

Alvin New, Mayor Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: Shawn Lewis, Director of Community & Lysia H. Bowling, City Attorney Economic Development

City of San Angelo

Memo Meeting Date: January 3, 2011


From: Kari LeBoeuf, Planner

Subject: Z 11-23: First Financial Bank

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

-and-

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

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

AJ Fawver, Planning Manager 325-657-4210

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

Z 11-23: First Financial Bank AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE

CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: The Homestead, Sections One-A and One-B, Block 1, Lots 3 thru 10, 12 thru 20, 22, 25, 26, 29 and 30, and Block 2, Lots 19 and 20, south of Twin Mountain Drive at Massenburg Drive, in south western San Angelo, changing the zoning classification from Planned Development (PD) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

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

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

Z 11-24: City of San Angelo AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE

CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: The Homestead, Sections One-A and One-B, Block 1, Lots 1, 2, 11, 21, 23, 24, 27, 28, and 31 thru 34, and Block 2, Lot 21, south of Twin Mountain Drive at Massenburg Drive, in south western San Angelo, changing the zoning classification from Planned Development (PD) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


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

deny each of the proposed zone changes as presented.

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


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

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

Thoroughfares/Streets: Twin Mountain Drive is classified as a

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

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

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

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

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

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

Official Zoning Map…shall only be filed by…

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

Development Standards: Zoning Ordinance Section 501.A. Minimum Lot Area – 5,000 sq ft Minimum Lot Dimensions – 50x100 Minimum Front Yard – 25 ft Minimum Side Yard – 5 ft Minimum Rear Yard – 20 ft Maximum Floor Area Ratio – 0.4 (40%) Maximum Height – 35 ft Vision Plan Map: Neighborhood

Special Information

Traffic Concerns: There are no traffic concerns as this area

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

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

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

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

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

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


Analysis:

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

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




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



The staff recommendation is based upon the statements listed below.

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

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

Attachments: excerpt from zoning map, showing the general location

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

property; aerial photo, highlighting subject property; copy of draft ordinances.

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

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: The Homestead, Sections One-A and One-B, Block 1, Lots 3 thru 10, 12 thru 20, 22, 25, 26, 29 and 30, and Block 2, Lots 19 and 20, south of Twin Mountain Drive at Massenburg Drive, in south western San Angelo, changing the zoning classification from Planned Development (PD) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 11-23: First Financial Bank





by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: The Homestead, Sections One-A and One-B, Block 1, Lots 3 thru 10, 12 thru 20, 22, 25, 26, 29 and

30, and Block 2, Lots 19 and 20, south of Twin Mountain Drive at Massenburg Drive shall henceforth be permanently zoned as follows: Single-Family Residential (RS-1) District.





SEVERABILITY:

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



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


by:____________________________________

Alvin New, Mayor

ATTEST:


AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: The Homestead, Sections One-A and One-B, Block 1, Lots 1, 2, 11, 21, 23, 24, 27, 28, and 31 thru 34, and Block 2, Lot 21, south of Twin Mountain Drive at Massenburg Drive, in south western San Angelo, changing the zoning classification from Planned Development (PD) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 11-24: City of San Angelo





by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: The Homestead, Sections One-A and One-B, Block 1, Lots 1, 2, 11, 21, 23, 24, 27, 28, and 31 thru

34, and Block 2, Lot 21, south of Twin Mountain Drive at Massenburg Drive shall henceforth be permanently zoned as follows: Single-Family Residential (RS-1) District.











by:____________________________________

Alvin New, Mayor

ATTEST:


AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: The Homestead, Sections One-A and One-B, Block 1, Lots 1, 2, 11, 21, 23, 24, 27, 28, and 31 thru 34, and Block 2, Lot 21, south of Twin Mountain Drive at Massenburg Drive, in south western San Angelo, changing the zoning classification from Planned Development (PD) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 11-24: City of San Angelo





by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: The Homestead, Sections One-A and One-B, Block 1, Lots 1, 2, 11, 21, 23, 24, 27, 28, and 31 thru

34, and Block 2, Lot 21, south of Twin Mountain Drive at Massenburg Drive shall henceforth be permanently zoned as follows: Single-Family Residential (RS-1) District.











by:____________________________________

Alvin New, Mayor

ATTEST:


City of San Angelo



From: Jesus Vazquez, Planner

Subject: Z 11-21, a request for approval of a Zone Change from Office

Commercial (CO) District to Historic Overlay (HO) District, on the following property:

Location: 334 West Concho Avenue, approximately 158 feet east from the

intersection of South Abe Street and West Concho Avenue, specifically occupying the San Angelo Addition, Block 31, Lot 8 and the east 15 feet of Lot 9, in central San Angelo.

Contacts: Gary Biggerstaff, Titan Investments, LLC (325) 656-3863

AJ Fawver, Planning Manager (325) 657-4210

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


Z 11-21: Titan Investments, LLC

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


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

deny each of the proposed zone changes as presented

Recommendation: City staff and the Historic Preservation Officer recommend

approving the proposed Zone Change. Historic Preservation Commission voted unanimously (5-0) to approve each of the proposed zone change.


General Information

Existing Zoning: Office Commercial (CO) Existing Land Use: Vacant Building Surrounding Zoning/Land Use:

North: CG\CH Office use/Bank of America parking area

West: CO Retail sales/Memorial stones South: RM-1 Public park East: CO Residence/Condominium

Thoroughfares/Streets: West Concho Avenue, which fronts the subject

property, is defined as a “local street.” The function of a “local street” is primary access with light neighborhood traffic.

Zoning History: The subject property holds two (2) Special Permits

(SP) upon it:

1. SP 528. allows the use of a tennis and ski-shop on the subject property.

2. SP 1149. allows the use of a bookstore on the subject property.

Applicable Regulations: Zoning Ordinance History Overlay Zone Section 308.B. “Historic Overlay Zones may be established to

preserve and encompass districts landmarks. Historic Overlay zones shall be applicable in all zoning districts, or portions thereof.”

Development Standards: Zoning Ordinance Criteria for Designation of Historic Landmarks

Section 211.C.1. “Possesses significance in history, architecture,

archaeology, or culture.” Section 211.C.4. “Embodies the distinctive characteristics of a type,

period, or method of construction.” Section 211.C.8. “Has yielded, or may be likely to yield, information

important in prehistory or history…”

Vision Plan Map: Downtown Related Comp Plan Excerpts: 2009 Comprehensive Plan Downtown “To reinforce downtown San Angelo’s position as

the principal commercial, service, and cultural center within the region, while restoring its potentialities for residential development, neighborhood services, and amenities, while promoting and enhancing its existing and historic character.”

Special Information

Traffic Concerns: There will be an additional negligible amount of traffic generated since the location is currently vacant. However, the subject property does provide off-street parking and as approximately 103 feet away from South Abe Street, which is defined as “major arterial.” The function of a “major arterial” is access to freeways and other arterials.

Parking Requirements: No site plans have been submitted that would

delineate the required parking. Parking Provided: No site plan was submitted that delineates the off-

street parking. But, the subject property does provide two parking spaces in the front of the subject property and an open area to the rear of the subject property that can be used as off-street parking.

Related Specific Use Standards: Zoning Ordinance Certificate of Appropriateness Required Section 308.D.

“1. A Certificate of Appropriateness shall be required for any of property within a Historic Overlay Zone.

a. Construction of a new building. b. Addition to or expansion of an existing

building. c. Any material alteration, reconstruction,

restoration or rehabilitation of exterior features on any existing building.

d. Relocation of an existing building to or from any property in any Historic Overlay Zone.

2. A permit for the demolition of an historic landmark or any building on any property within an historic district…”

Density: N/A Notification Required: Yes Notifications Sent: 23


Analysis:

In order to approve this request, there are specific guidelines for establishing a Historic Overlay, in Section 308.A:

1. Protect and enhance the landmarks and districts which represent distinctive elements of San Angelo’s historic, architectural, and cultural heritage.

2. Foster civic pride in the accomplishments of the past.

3. Protect and enhance San Angelo’s attractiveness to visitors and the support and stimulus to the economy there by provided.

4. Insure the harmonious, orderly, and efficient growth and development of the city.

5. Promote economic prosperity and welfare of the community by encouraging the

use of such property within the city.

6. Encourage stabilization, restoration, and improvements of such properties and their values.

The staff recommendation is based upon the statements listed below. The subject property was identified in Phase I. of Historic Resources Survey as a “high priority” structure and as such is historically significant and recommended for preservation. The structures on the subject property are cultural resources to the community of San Angelo as declared by the City Council. In addition, the subject property falls within the “downtown” designation on San Angelo’s Vision Plan map. Downtown area are generally characterized as being historic, quaint, the core of the city, and this supports that vision of San Angelo. Historic preservation is declared significant in that it promotes economic, cultural, educational, and the general welfare of the public. Phase I of the Historic Resources Survey recognizes the following historic architectural features of this site:

1. Style: Italianate 2. Roof: hipped composition 3. Construction: frame 4. Wall Façade: wood siding 5. Door: single-door with transom 6. Foundation: pier and beam 7. Date: built in 1913

Staff feels that, given that most of the historic architectural features were maintained with the most recent renovation, paired with the knowledge that the subject property is designated “high priority”, there is sufficient justification to change the subject property zoning to Historical Overlay (HO) zoning. Under the Historic Overlay (HO) zoning, the

character of the buildings on the subject property will be better preserved; any new construction or renovations will have to maintain the historic character by following the Historic Overlay guidelines and standards. In addition, the subject property can serve as a catalyst and example of how historic preservation can guide new construction or renovations in the area.

Proposed Conditions

N/A


the City of San Angelo; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; vision Map excerpt, highlighting subject property; draft minutes from Historic Preservation Commission; citizen notification responses; and draft ordinance.


Reviewed by: AJ Fawver, Planning Manager (November 14, 2011)

III. Requests for historic zone change. [Historic Preservation Commission makes recommendation; City Council has final authority for approval.]

A. Z 11-21: Titan Investments, LLC

A request for approval of a Zone Change from Office Commercial (CO) District to Historic Overlay (HO) District:

334 West Concho Avenue, approximately 158 feet east from the intersection of South Abe Street and West Concho Avenue, specifically occupying the San Angelo Addition, Block 31, Lot 8 and the east 15 feet of lot 9, in central San Angelo.

Jesus Vazquez, Planner, came forward to present this request, consistent with the staff recommendation of approval. 23 notifications were sent out, with 1 received in favor and 0 returned in opposition of the request. The subject property is generally located in central San Angelo, near the downtown area. The subject property is surrounded by a mix of commercial uses and multi-family uses. There is an office use located just north, a retail sales (memorials) to the west, park land to the south, and a condominium complex to the east. The Vision Map component of the Comprehensive Plan calls for this area to fit within a “downtown” type of development. There are two special permits existing on the lot allowing various uses of a retail nature. The fact that the property is marked as a “high priority” resource in the recent Historic Resources Survey, and the fact that most of the architectural features that are historic are intact, are both reasons that the staff, and the Historic Preservation Officer, recommend approval. The chairman asked about the parking present on-site. Mr. Vazquez replied that there are two improved off-street parking spaces in the front, and there are other areas for parking around the building that are not improved. No one came forward to speak on the matter.

Motion, to approve as presented, was made by Margaret Mallard and seconded by Hal Noelke. The motion passed unanimously, 5-0.

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City of San Angelo




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

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

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

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

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

subject property.

Contacts: William Sartain 450-2818


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


SU 11-04: William Sartain

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 20 N. Bell Street at the southeast corner of the intersection of N. Bell Street and Preusser Street, specifically occupying Eckert’s Addition, Block 1, Lot 1 in eastern San Angelo. Amending the current Special Use 06-02 on the site that currently allows sales of automobiles and light trucks, to add an allowance for trailer

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


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

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

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

(3) Deny the requested Special Use; or

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

Recommendation: Planning staff recommends approving the Special Use, subject

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


General Information

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

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

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

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

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

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

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

Development Standards: Neighborhood Commercial zoning has a Floor

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

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

Special Information

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

Parking Requirements: Section 10.1002 of the City Ordinances states

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

One off-street parking space is required for every

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

conditions which consist of the following:

• Sales are to be restricted to automobiles and light trucks

• The surface of the automobile display area shall be paved

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

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

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

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

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

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


Analysis:

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

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

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

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

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

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

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

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

addresses a demonstrated community need.

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

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

Proposed Conditions

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


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



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

A. SU 11-04: William Sartain

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

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

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

RE: SU 11-04: William Sartain WHEREAS, on the 16th day of May, 2006, the governing body for the City of San Angelo adopted an ordinance amending the basic zoning chapter for the City of San Angelo, specifically, by approving a CN (Neighborhood Commercial)District on Lot 1 in Block 1 of Eckert's Addition in the City of San Angelo; and WHEREAS, the Planning Commission and the City Council for the City of San Angelo in May of 2006, in compliance with the charter and state law with reference to zoning regulations and a zoning map, have given required notice by publication and otherwise, and after holding public hearings and affording a full and fair hearing to all interested persons and property owners within the affected area and vicinity, it is deemed appropriate that additional zoning changes should be made as set out herein; and WHEREAS, the applicant William Sartain desires to amend the Special Use via SU 11-04 in order to add “light trailers” to the group of items specifically authorized for sale on the aforementioned property and seeks permission from the appropriate governing bodies within San Angelo, subject to the conditions as described herein; and WHEREAS, the Planning Commission and the City Council as governing body for the City of San Angelo, in compliance with the charter and the state law with reference to zoning regulations and a zoning map, have given requisite notice by publication and otherwise, and after holding hearings and affording a full and fair hearing to all property owners and persons interested, generally, and to persons situated in the affected area and in the vicinity thereof, is of the opinion that additional zoning changes should be made as set out herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO:

SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enacted by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: Lot 1in Block 1 of Eckert's Addition in east central San Angelo, shall have a Special Use allowing sales of automobiles and light trucks on this property, subject to conditions specified in Section 5 below. Said special uses shall have no fundamental effect upon its underlying or base zoning classification. The Director of Planning is hereby directed to correct the zoning district maps in the office of the Director of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the hereinabove described property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended. SECTION 3: That the following severability clause is adopted with this amendment:

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


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

SECTION 5: That the sale of automobiles and light trucks on the specific subject property of this Ordinance shall comply with all the following conditions:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


by:____________________________________

Alvin New, Mayor

ATTEST:

by:________________________________ Alicia Ramirez, City Clerk.

1





Subject: Agenda Item for January 3, 2012, Council Meeting



Consideration of authorizing staff to negotiate a lease agreement with the People Plant Connection for the development of a community garden at Rio Vista Park.

Summary: Staff recommends authorization to negotiate a lease agreement with the People Plant Connection for the development of a community garden at Rio Vista Park.

The Recreation Advisory Board considered this proposal at their meeting on November 9, 2011 and unanimously approved recommendation.

The basic parameters of the proposed lease include the following:

• Five-year lease with option to renew an additional five years. • Lease of approximately 2-3 acres of newly acquired park land

adjacent to the Southside Recreation Center and Boys & Girls Club.

• Requirements to provide utilities at lessee’s expense. • Use of the activity room, kitchenette and restrooms at the

Southside Recreation Center and proportional payment for use of utilities.

• Improvements on the leased property to include fencing, gardens, walkways and signage.

• Requirements to provide educational classes inside and outside. • Standard insurance coverage

There is no previous history on this item.

Financial Under the proposed lease agreement, there would be no cost to the City.

2

Impact:

Attachments: Letter of proposal

Presentation: Verbal and PowerPoint.

Publication: N/A


Approved by Legal:

N/A

Map showing general area of the proposed community garden lease.

12/28/2011

1

City Council MeetingJanuary 3, 2012

Rio Vista Park and Proposed Garden

12/28/2011

2

12/28/2011

3

12/28/2011

4

The People/Plant Connection GardenThe basic parameters of the proposed lease include the following:•Five-year lease with option to renew anFive year lease with option to renew an additional five years.•Lease of approximately 2-3 acres of newly acquired park land adjacent to the Southside Recreation Center and Boys & Girls Club.•Requirements to provide utilities at lessee’s expense.•Use of the activity room, kitchenette and restrooms at the Southside Recreation Center and proportional payment for use of utilities.

The People/Plant Connection Garden• Improvements on the leased property to

include fencing, gardens, walkways and signage.signage.

• Requirements to provide educational classes inside and outside.

• Physical improvements, responsibility of lessee.

• Maintenance of leased property• Maintenance of leased property, responsibility of lessee.

• Standard insurance coverages.

City of San Angelo



From: Lisa Marley, Human Resources Director


Caption: Regular Item

Consideration of matters related to Request for Proposal HR-03-11:

a. Discussion of proposals submitted for Request for Proposal HR-03-11 for Individual and Aggregate Stop Loss insurance.

b. Consideration of selecting Benefit Provider related to Request for Proposal HR-03-11 and authorizing staff to negotiate a contract, and authorizing the City Manager to execute said contract and any related documents

_________________________________________________________________________________

Summary: Discuss and award bid for individual and aggregate stop loss insurance. History: Once a provider was selected for the health insurance at the November 1, 2011 Council Meeting and the health plan design had been established, RFP HR-03-11 for individual and aggregate stop loss insurance was marketed. A total of four quotes were received: Aetna, ING, AmWins – Fidelity Life and AmWins – Everest Re. Considerations included but were not limited to quality, cost, service, reporting and other operational components. Financial Impact: All bids received represent an increase over the current stop loss provider. Cost will vary depending upon which bid is accepted. Presented by: Lisa Marley, Human Resources Director and Jarrad Wills, Holmes Murphy

Consulting. Reviewed by Department Director: Lisa Marley, Human Resources Director, December 29, 2011.

APPLICATION FORBOARDS and COMMISSIONS

Name: REBA GAYLE COLBURN

Address: 2754 YALE AVE

City: San Anqelo (unless otherwise noted) Zip: 76904

Phone (Home): 325-277-9173 (Office):

Resident of San Angelo since: 1995 SMD:

Are you a registered voter of San Angelo? Yes: |v I

Occupation / Business Affiliation: REALTOR

No:

Occupation / Business Address: 3017 KNICKERBOCKER

Position: REALTOR

Email' [email protected]

By executing this document, the applicant does hereby certify and affirm thetruth and accuracy of the information contained herein. The applicant furtherauthorizes the City Council, or its designee, to verify any information. ThearjpWeant agrees to release and hold harmless the City from all claims incident

i the verification of irtformatipn contajned,.herein.

m/unApplicant's Signature Dat

NOTE: This application is information of public record. * Public Service opportunities are offeredby the City of San Angelo without regard to race, color, national origin, religion, sex or disability.

RETURN TO: City of San Angelo, c/o City Clerk, P O Box 1751,San Angelo, Texas 76902-1751

Applying for:

Airport Advisory Board

Animal Services Board

Civic Events Board

Civil Service Commission

Development Corporation

Downtown Development Comm.

Construction Board

Fort Concho Board

Historic Prsv Commission

Keep SA Beautiful

Park Commission

Planning Commission

Public Art Commission

Public Housing Authority

Recreation Board

River Corridor Commission

Senior Service Adv Board

TIRZ Board "additionalmembership requirements apply-See;ode of Ordinance, Article 2.4300

Water Advisory Board

Zoning Board of Adjustment

Recommended by:

Tell us about yourself. Feel free to use the back for more space.Education and/or Professional Licenses:

Real Estate License, Legal Aid, some college Sul Ross State UniversityCurrent Municipal and Civic Organization Memberships (Positions & Dates):

Previous Municipal Experience (Positions, Dates, Where):

What personal qualifications can you bring to this board?

My profession as a realtor has me Involved with city business.What is your personal vision for the City?

A no kill shelter In San Angelo

Why do you want to serve on this board?

I think there are some issues that need to be addressed and I have always been interested in participating.

Anything else you would like for us to know?

*The City Council adopted the Code of Ethics for members of the City Council and for the City's boards and commissions to assurepublic confidence in the integrity of local government and its effective and fair operation. Therefore, all Members shall comply withthe laws of the nation, the State of Texas, and the City of San Angelo in the performance of their public duties. If you beenconvicted of a M ISDEMEANOR or FELONY, and/or placed on pr obation, fined or given a suspended sentence such as pretrialdiversion or deferred adjudication in court within the last ten years, disclosure of such should be forwarded under separate cover.For a complete copy of the Code of Ethics, contact the City Clerk at 657-4405.

,,^ ..,, .,,,for Office Use plwly;

Term Dates; To From

Revised: 2/11

city council january 3, 2012 agenda packet

Documents