city council july 12, 2011 agenda packet

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City Council Agenda Page 1 of 4 July 12, 2011 NOTICE OF A PUBLIC MEETING INCLUDING ADDENDUM AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, July 12, 2011 McNease Convention Center, South Meeting Room 500 Rio Concho Drive THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES. ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK, ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING. City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 6:30 P.M. every day for two weeks beginning on the Thursday after each meeting. As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate” Thank You! I. OPEN SESSION (9:00 A.M.) A. Call to Order B. Prayer and Pledge "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.” C. Proclamation Mental Health Awareness Month of July2011 ” to be accepted byAlejandro Castanon , Conexion Hispana Director D. Recognition Finance/Budget Division Senior Budget Analysts Morgan Trainer and Bryan Kendrick for receiving the Government Finance Officers Association Distinguished Budget Presentation Award for its 2010-2011 Budget Certified Public Manager 2011 Graduates through the Texas State Univers ity’s William P. Hobby Center for Public Service: City Engineer Clinton Bailey, Code Compliance Manager James Flores, Director of Human Resources Lisa Marley, City Clerk Alicia Ramirez, Human Resources Manager Veronica Sanchez, Assistant Recreation Manager MaryAnn Vasquez, Police Chief Tim Vasquez, and Civic Events Manager Anthony Wilson E. Public Comment The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or fo r a Consent Agenda item, to be moved to the Regular Agenda for public comment. II. CONSENT AGENDA 1. Consideration of approving the June 28, 2011 City Council Regular meeting minutes

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Page 1: City Council July 12, 2011 Agenda Packet

City Council Agenda Page 1 of 4 July 12, 2011

NOTICE OF A PUBLIC MEETING INCLUDING ADDENDUM

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

9:00 A.M. - Tuesday, July 12, 2011 McNease Convention Center, South Meeting Room

500 Rio Concho Drive THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES. ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK, ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING. City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 6:30 P.M. every day for two weeks beginning on the Thursday after each meeting.

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

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

A. Call to Order

B. Prayer and Pledge

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

C. Proclamation

“Mental Health Awareness Month of July 2011” to be accepted by Alejandro Castanon, Conexion Hispana Director

D. Recognition

Finance/Budget Division Senior Budget Analysts Morgan Trainer and Bryan Kendrick for receiving the Government Finance Officers Association Distinguished Budget Presentation Award for its 2010-2011 Budget

Certified Public Manager 2011 Graduates through the Texas State University’s William P. Hobby Center for Public Service: City Engineer Clinton Bailey, Code Compliance Manager James Flores, Director of Human Resources Lisa Marley, City Clerk Alicia Ramirez, Human Resources Manager Veronica Sanchez, Assistant Recreation Manager MaryAnn Vasquez, Police Chief Tim Vasquez, and Civic Events Manager Anthony Wilson

E. Public Comment

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

II. CONSENT AGENDA

1. Consideration of approving the June 28, 2011 City Council Regular meeting minutes

Page 2: City Council July 12, 2011 Agenda Packet

City Council Agenda Page 2 of 4 July 12, 2011

2. Consideration of awarding bid WU-09-11 for Granular Activated Carbon Media to Norit Americas, Inc. (Marshall, TX) in the amount of $190,000.00 and authorizing the City Manager or his designee to execute any necessary related documents

3. Consideration to selecting Business and Professional Service (San Antonio, TX) for Em ergency Medical Service (EMS) Billing and Collection Service (FD-02-11), authorizing staff to negotiate a contract, and authorizing City Manager to execute said contract

4. Consideration of authorizing the City of San Angelo to enter into an Interlocal Agreement with the Tom Green County Sheriff’s Office for the purpo se of jointly apply ing for the Edward Byrne Memorial Justice Assistance Grant and authorizing the City Manager to execute any necessary related documents

5. Second hearing and consideration of adoption of an Ordinance amending the 2010-2011 Budget for grants AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR 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 551.072 to discuss the purch ase, sale, exchange, lease, or value of real property

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

6. Consideration and possible action regarding of an application by Total Energy Services, LLC on behalf of Nabors Well Services LTD to drill a total of three non producing Training Wells at depths of 2000 feet, 3,000 feet and 6,000 feet on their property located at 1214 Gas Plant Road in support of a new permanent training facility for oil field workers in Southwest Texas, and possible action to include approval of a permit or permits to drill three wells and authorizing the City Manager to execute other related documents as may be required

(Presentation by Development Coordinator Robert Schneeman) 7. Second Public Hearing and consideration of adoption of an Ordinance amending the Animal Services

Advisory Committee residency requirement AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BY AMENDING CHAPTER 2, ARTICLE 2.3800, ENTITLED “ANIMAL SHELTER ADVISORY COMMITTEE”, SECTION 2.3803 ENTITLED “COMPOSITION”, OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS AMENDING THE RESIDENCY REQUIREMENTS FOR VOTING ANIMAL SHELTER ADVISORY COMMITTEE MEMBERS AND PROVIDING FOR AN EXCEPTION FOR LICENSED VETERINARIANS WHO MAINTAIN A PHYSICAL LOCATION FOR THEIR PRACTICE WITHIN THE CITY FROM SAID RESIDENCY REQUIREMENTS; AND MAKING RELATED AMENDMENTS TO VOTING MEMBER PROVISIONS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE

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City Council Agenda Page 3 of 4 July 12, 2011

8. Update on construction budgets for City Hall, Old Library, Central Plant, and Utility Billing Office and any action related thereto (Presentation by Assistant City Manager Elizabeth Grindstaff)

9. Consideration of issuing a Change Order #1 to the contract with Stoddard Construction Management Inc. (SCMI) (PUR-04-10B) for the construction of a basement and the installation and hook up of HVAC Equipment for the City Hall Plaza buildings ($1,634,805.90) and for the additional work related to the Auditorium ($163,973.33) and authorizing the City Manager or his designee to negotiate a contract and execute any related documents (Presentation by Construction Manager David Knapp)

10. First public hearing and consid eration of introduction of an Ordinance amending Article 5.100, Alcoholic Beverages Regulations and deleting Section 8.119, Unlawful to Carry Alcoholic Beverages of the City of San Angelo Code of Ordinances as related to the Texas Bank Sports Complex and the 29th Street Recreation Area AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BY AMENDING CHAPTER 8, OFFENSES AND NUISANCES, ARTICLE 8.100, GENERAL OFFENSES, BY REPEALING SECTION 8.119, ENTITLED UNLAWFUL TO CARRY ALCOHOLIC BEVERAGES INTO THE 29TH STREET RECREATION AREA; AMENDING CHAPTER 5, BUSINESS AND COMMERCE, ARTICLE 5.100, ALCOHOLIC BEVERAGES REGULATIONS, BY ADDING SECTION 5.107 ENTITLED, ALCOHOLIC BEVERAGES IN THE TEXAS BANK SPORTS COMPLEX, RESTRICTING ALCOHOL IN THE TEXAS BANK SPORTS COMPLEX; PROVIDING FOR PERMITS AUTHORIZING ALCOHOL FOR SPECIFIC EVENTS ON CONDITIONS STATED IN THE TEXAS BANK SPORTS COMPLEX; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE (Presentation by Parks and Recreation Director Carl White)

11. Presentation and discussion of the U.S. Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices (Presentation by City Engineer Clinton Bailey)

12. Discussion and possible action regarding Section 12.605 of the Sign Ordinance regarding off-site regulations for CG and CG/CH zoning districts that specify corridors where such signage is allowed (Presentation by Planning Manager AJ Fawver)

13. First public hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” of the Code of Ordinances, City of San Angelo SU 11-01: Apostolic House of Worship 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: 1202 Preusser Street at northeast corner of Florence and Preusser Streets, approving a Special Use to allow a day care on the site of a religious institutional establishment in a Single-Family Residence (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver)

Addendu

Addendum

Page 4: City Council July 12, 2011 Agenda Packet

City Council Agenda Page 4 of 4 July 12, 2011

14. First public hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” of the Code of Ordinances, City of San Angelo SU 11-02: Ray Zapata AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN 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: a 1.722 acre tract located approximately 285’ west of the intersection of Old Knickerbocker Road and South Bryant Boulevard, approving a Special Use to allow placement of a “band stand” or “stage” (categorized as major entertainment event) in a Light Manufacturing (ML) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver)

15. First public hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” of the Code of Ordinances, City of San Angelo SU 11-03: B.A. & Winkay Reed 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: 3149 Red Bluff Rd East, approximately 385’ west of the intersection of Red Bluff Rd East and Red Bluff Rd West, approving a Special Use to allow bed-and-breakfast establishm ent in a Single-Fam ily Residence (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver)

16. Consideration of granting a request from Quicksand Partners, Ltd. to purchase raw water from the City of San Angelo and any action in connection thereto (Presentation by Water Utilities Director Will Wilde)

17. Discussion and consideration of overall budget goals and policy recommendations related to: a. Water Rates for Long-Term Water Supply b. Franchise Fees c. Landfill Financial Condition and Rate Discussion d. Other Budget Related Issues (Presentation by Finance Director Michael Dane)

H. FOLLOW UP AND ADMINISTRATIVE ISSUES

18. Consideration of matters discussed in Executive/Session, if needed 19. Consideration of Future Agenda Items 20. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Thursday, July 7, 2011, at 5:00 P.M.

________________________ Alicia Ramirez, City Clerk

Addendum

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Page 5: City Council July 12, 2011 Agenda Packet

P R O C L A M A T I O N WHEREAS, mental health is essential to everyone’s overall health and well-being; and WHEREAS, mental health problems can affect all areas of a person’s life, including school, home

and work; and WHEREAS, mental health problems will strike one in five adults each year regardless of age,

gender, race, ethnicity, religion or economic status; and WHEREAS, nearly 30,000 American lives are lost each year to suicide and mental illness; and WHEREAS, all Americans, from combat veterans to hurricane victims, are vulnerable to chronic

mental health problems associated with trauma and can benefit greatly from early identification and treatment; and

WHEREAS, people can recover from mental illness and lead full, productive lives in the

community; and WHEREAS, an estimated two-thirds of adults and young people with mental health problems go

without the help they need; and WHEREAS, the cost of untreated and mistreated mental health and substance abuse problems to

American businesses, governments and families has grown to $105 billion annually; and

WHEREAS, each business, school, government agency, healthcare provider, organization and

citizen bears the burden of mental health problems and has a responsibility to promote mental wellness.

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 July as “MENTAL HEALTH AWARENESS MONTH - JULY 2011”! and call upon the citizens, government agencies, public and private institutions, businesses and schools in the City of San Angelo to recommit the community to increasing awareness and understanding of mental illness and the need for appropriate and accessible services for all people with mental illnesses.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 12th day of July, Year.

THE CITY OF SAN ANGELO ___________________________

Alvin New, Mayor

Page 6: City Council July 12, 2011 Agenda Packet
Page 7: City Council July 12, 2011 Agenda Packet

Commending

Senior Budget Analyst Morgan Trainer and the Finance/Budget Division For doing more, doing it better, and exceeding our expectations.

Your high standards inspire us all.

_____________ ____________ Mayor Date

Page 8: City Council July 12, 2011 Agenda Packet

Commending

Senior Budget Analyst Bryan Kendrick and the Finance/Budget Division For doing more, doing it better, and exceeding our expectations.

Your high standards inspire us all.

_____________ ____________ Mayor Date

Page 9: City Council July 12, 2011 Agenda Packet

Adopted: 5/30/03 Revised: 1/16/08

City of San Angelo

Memo Date: July 1, 2011

To: Alicia Ramirez, City Clerk

From: Lisa Marley, Human Resources Director

Subject: Recognition Presentation for July 12, 2011 Council Meeting

Caption: Recognition

On June 6, 2011, City Engineer Clinton Bailey, Code Compliance Manager James Flores, Director of Human Resources Lisa Marley, City Clerk Alicia Ramirez, Human Resources Manager Veronica Sanchez, Assistant Recreation Manager Mary Ann Vasquez, Police Chief Tim Vasquez, and Civic Events Manager Anthony Wilson graduated from the Certified Public Manager program through Texas State University’s William P. Hobby Center for Public Service.

_________________________________________________________________________________

Page 10: City Council July 12, 2011 Agenda Packet

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 749 Tuesday, June 28, 2011 Vol. 102

OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:16 A.M., Tuesday, June 28, 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, thus constituting a quorum. Whereupon, the following business was transacted:

An invocation was given by Ara Rahman of the Muslim faith and pledge was led by the daughters of Councilmember Adams Raven Adams, 3rd Grader, and Ameerah Adams, 2nd Grader.

PUBLIC COMMENT

Public comment was made by Citizens Jim Turner, Ara Rahman, Jim Ryan, Councilmember Adams, Fredrick J. Harder, Phyllis Harder of 3065 Travis, and Councilmember Alexander.

CONSENT AGENDA

APPROVAL OF THE JUNE 7, 2011 CITY COUNCIL REGULAR MEETING MINUTES

AUTHORIZATION FOR THE SALE OF THE FOLLOWING RESIDENTIAL PROPERTIES FOR THE APPRAISED VALUE AND AUTHORIZATION FOR 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:

2454 Fishermans Road (Delaney), Lot 9, Group 14, $58,900 2001 Willow Road (Tom Berscheidt Estate), Lot 2, Group 13, $139,300 2017 Willow Road (Howard D. Ford Living Estate), Lot 6, Group 13, $92,700 2161 Gun Club Road (Allred), Lot 9, Group 10, $83,400 1609 Turtle Road (Hebert), Lot 69, Group Shady Point, $20,757 1618 Shady Point Circle Drive (Green), Lot 2, Group Shady Point, $17,914 6422 Lincoln Park Road East (Brown Management Trust), Lot 11, Group Lincoln Park, $46,594

ADOPTION OF A RESOLUTION APPROVING ADDITIONAL WIC GRANT FUNDING AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE FY 2011 CONTRACT AMENDMENT FOR ACCEPTANCE OF $639,500.00 DESIGNATED AS EXTRA FEDERAL FUNDS FOR BUILDING RENOVATIONS AND PEER COUNSELOR FUNDS (ANNEX A, PAGE 757, RESOLUTION #2011-06-064R)

A RESOLUTION BY THE SAN ANGELO CITY COUNCIL ACCEPTING THE ADDITIONAL WIC GRANT FOR FISCAL YEAR 2010/2011; AND, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT AMENDMENT THEREFORE WITH THE TEXAS

Page 11: City Council July 12, 2011 Agenda Packet

Page 750 Minutes Vol. 102 June 28, 2011 DEPARTMENT OF STATE HEALTH SERVICES, CONTRACT NO. 2011-037212, AND ANY RELATED DOCUMENTS

APPROVAL OF A RESIDENTIAL LEASE RENEWAL AT LOT 72, GROUP SHADY POINT, 1615 TURTLE DRIVE (MANNING/MARTINEZ); AND AUTHORIZATION FOR THE WATER UTILITIES DIRECTOR TO EXECUTE THE SAME

AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE U.S. GEOLOGICAL SURVEY FOR THE OPERATION OF STREAM FLOW GAUGING STATIONS

ADOPTION OF A RESOLUTION APPROVING AND RATIFYING THE NAMING RIGHTS AGREEMENT BY AND BETWEEN CITYWISE MARKETING, LLC AS AUTHORIZED AGENT FOR THE CITY OF SAN ANGELO AND FOSTER COMMUNICATIONS CO., INC., RENAMING THE SAN ANGELO COLISEUM TO BE KNOWN AS THE “FOSTER COMMUNICATIONS COLISEUM” (ANNEX B, PAGE 759, RESOLUTION #2011-06-065R)

ADOPTION OF A RESOLUTION AUTHORIZING APPLICANT, SPECIALTY SPORTS, INC., DBA SKI SKELLER SPORTS, TO HOLD A SPECIAL EVENT AT LAKE NASWORTHY KNOWN AS "2011 WAKE THE DESERT"; PERMITTING SPECIFIED ACTIVITIES; IMPOSING REQUIREMENTS ON APPLICANT; AND GRANTING VARIANCES RELATING TO RULES AND REGULATIONS OF LAKE NASWORTHY, PARK ORDINANCES, AND THE CITY NOISE ORDINANCE (ANNEX C, PAGE 761, RESOLUTION #2011-06-066R)

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2010-2011 BUDGET FOR PROGRAMS, CAPITAL PROJECTS AND INCOMPLETE PROJECTS (ANNEX D, PAGE 775, ORDINANCE #2011-06-067)

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR PROGRAMS, CAPITAL PROJECTS AND INCOMPLETE PROJECTS

SECOND HEARING AND ADOPTION OF AN ORDINANCE ANNEXING APPROXIMATELY 200 ACRES LOCATED SOUTHWEST OF SAN ANGELO’S EXISTING CITY LIMITS, ENCOMPASSING THE LAKE NASWORTHY POWER STATION AT 6465 KNICKERBOCKER ROAD, AN ADJACENT ELECTRIC SUBSTATION, AN APPROXIMATELY 500-FOOT WIDE STRIP OF LAND OCCUPIED BY PARALLEL ARRAYS OF ELECTRIC POWER TRANSMISSION LINES, AND AN APPROXIMATELY 0.34-MILE SEGMENT OF RIGHT-OF-WAY FOR RED BLUFF ROAD (ANNEX E, PAGE 779, ORDINANCE #2011-06-068)

AN ORDINANCE ANNEXING TERRITORY GENERALLY DESCRIBED TO BE APPROXIMATELY 200 ACRES OUT OF H. F. GANTZ SURVEY 179, C. DAMMAN SURVEY 180 AND C. A. VOIGT SURVEY 181 IN TOM GREEN COUNTY, TEXAS, BEING ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF SAN ANGELO; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; DESCRIBING THE TERRITORY ANNEXED AND 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

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX F, PAGE 789, ORDINANCE #2011-06-069)

Z 11-05: SANDRA AND GEORGE RODRIGUEZ

Page 12: City Council July 12, 2011 Agenda Packet

Minutes Page 751 June 28, 2011 Vol. 102 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: THREE VACANT LOTS FACING SOUTH SIDE OF 2800 BLOCK OF HOUSTON STREET AND SITUATED 100-250 FEET WEST FROM NORTH GARFIELD STREET IN WEST CENTRAL SAN ANGELO, CHANGING THE ZONING CLASSIFICATION FROM SINGLE-FAMILY RESIDENCE (RS-1) TO AN NEIGHBORHOOD COMMERCIAL (CN) DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX G, PAGE 791, ORDINANCE #2011-06-070)

Z 11-06: SAN ANGELO PLANNING COMMISSION

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: eastern approximately three-quarters of City Park on west bank of North Concho River between East Twohig Avenue on the north and Rio Concho Drive on the south, as well as easternmost triangular segment of Bart DeWitt Park, also on west bank of North Concho River but located south of Rio Concho Drive, changing these properties’ zoning classification from Single-Family Residence (RS-1) to Central Business (CB) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Motion, to approve the Consent Agenda, as presented, was made by Councilmember Adams and seconded by Councilmember Silvas. Motion carried unanimously.

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

PUBLIC HEARING AND CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZING THE ADOPTION OF THE 2011-2016 CAPITAL IMPROVEMENT PLAN FOR THE CITY OF SAN ANGELO (ANNEX H, PAGE 795, RESOLUTION #2011-06-071R)

Finance Director Michael Dane presented background information. A copy of the presentation/report/document is part of the Permanent Supplemental Record. Mr. Dane clarified the resolution was not a commitment, but a public process to identify the various projects presented by staff. He distributed a revision to the Water Development project.

General discussion was held on the Hickory waterline project and suggestion to provide clarity via a separate worksheet outlining the various phases of the project, the street reconstruction priority list, and the suggested changes to add Blumentritt Road and 13th Street to the Street reconstruction repair project list.

Motion, to adopt a Resolution, as presented with the recommended changes, was made by Councilmember Adams and seconded by Councilmember Hirschfeld.

Public comment was made by Citizens Fredrick J. Harder and Jim Turner.

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

SECOND PUBLIC HEARING TO ALLOW CITIZEN INPUT ON REQUESTED PROJECTS TO BE CONSIDERED FOR FUNDING WITH GRANT YEAR 2011 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS GRANT FUNDS FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Neighborhood and Family Services Director Bob Salas presented background information.

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Page 752 Minutes Vol. 102 June 28, 2011 Motion, to authorize, as presented, was made by Councilmember Adams and seconded by Councilmember Farmer. Motion carried unanimously.

RECESS

At 10:22 A.M., Mayor New called a recess.

RECONVENE

At 10:42 A.M., Council reconvened, and the following business was transacted:

SECOND PUBLIC HEARING AND CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX I, PAGE 797, ORDINANCE #2011-06-072)

Z 11-07: SAN ANGELO PLANNING COMMISSION

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: area bounded generally by the North Concho River on the north, South Oakes Street on the east, South Orient Railway on the south and, on the west, by a line located 140 feet west from and parallel to the west line of right-of-way for South Chadbourne Street, changing this area’s zoning classification from a combination of General Commercial (CG), General Commercial/Heavy Commercial (CG/CH) and Light Manufacturing (ML) Districts, to a Central Business (CB) District, PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Planning Manager AJ Fawver presented background information. A copy of the presentation/report/document is part of the Permanent Supplemental Record.

Motion, to adopt the Ordinance, as presented, was made by Councilmember Farmer and seconded by Councilmember Hirschfeld. AYE: New, Alexander, Silvas, Adams, Hirschfeld, and Farmer. NAY: Morrison. Motion carried 6-1.

DIRECTION TO STAFF TO PROCEED WITH THE ZONE CHANGE AND APPLICATION PROCESS ON CITY-OWNED PROPERTY LOCATED AT 6002 KNICKERBOCKER ROAD

City Manager Harold Dominguez and Planning Manager AJ Fawver presented background information.

Motion, to direct staff to proceed with the zone change and application process for said location from RS-1 Single-Family Residential District to CN-Neighborhood Commercial District, was made by Councilmember Farmer and seconded by Councilmember Adams.

Public comment was made by Citizen Fredrick Harder.

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

DIRECTION TO STAFF TO FULLY EXAMINE THE COST AND MAINTENANCE OF THE MOTOR VEHICLE IMPOUNDMENT AND TOWING PROCESS

Councilmember Adams requested the item and Police Assistant Chief Jeff Fant presented background information. A copy of the presentation/report/document is part of the Permanent Supplemental Record.

General discussion was held on reviewing the existing contract upon renewal and negotiating some type of methodology to generate additional revenue; acknowledging the contract expired in April 2011; and considering a managed competition approach to the entire process.

Council directed staff to fully vet the cost and maintenance of the operation.

Public comment was made by Citizen Fredrick Harder.

Page 14: City Council July 12, 2011 Agenda Packet

Minutes Page 753 June 28, 2011 Vol. 102 DISCUSSION AND CONSIDERATION OF THE LOCATION FOR THE TREATMENT OF THE WATER FROM THE HICKORY AQUIFER WATER DEVELOPMENT PROJECT

Councilmember Morrison requested the item and Water Utilities Director Will Wilde presented background information.

Discussion was held on the history of the project, radiation levels, depleting lake levels, mixing of various water sources, and treatment locations. Staff informed detailed information will be presented by the consultants in August 2011.

Public comments were made by former City Manager Stephen Brown, citizens Jim Ryan, Jim Turner, and Fredrick Harder.

Councilmember Farmer left the meeting at 12:17 p.m. and returned at 12:22 p.m.

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE ANIMAL SHELTER ADVISORY COMMITTEE RESIDENCY REQUIREMENT

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BY AMENDING CHAPTER 2, ARTICLE 2.3800, ENTITLED “ANIMAL SHELTER ADVISORY COMMITTEE”, SECTION 2.3803 ENTITLED “COMPOSITION”, OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS AMENDING THE RESIDENCY REQUIREMENTS FOR VOTING ANIMAL SHELTER ADVISORY COMMITTEE MEMBERS AND PROVIDING FOR AN EXCEPTION FOR LICENSED VETERINARIANS WHO MAINTAIN A PHYSICAL LOCATION FOR THEIR PRACTICE WITHIN THE CITY FROM SAID RESIDENCY REQUIREMENTS; AND MAKING RELATED AMENDMENTS TO VOTING MEMBER PROVISIONS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE

Health Services Manager Sandra Villarreal presented background information. A copy of the presentation is part of the Permanent Supplemental Record.

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

Public comments were made by Citizens Wendy Brooks, Frederick Harder, and Animal Shelter Board Member Linda Marcelli.

A vote was taken on the motion on the floor. AYE: New, Silvas, Adams, Hirschfeld, and Farmer NAY: Alexander and Morrison. Motion carried 5-2.

RECESS

At 12:36 P.M., Mayor New called a recess.

EXECUTIVE/CLOSED SESSION

At 12:53 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.074(a)(1), to consult with attorney on legal issues involving board and commission appointments

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

OPEN SESSION (continued)

Page 15: City Council July 12, 2011 Agenda Packet

Page 754 Minutes Vol. 102 June 28, 2011 At 1:08 P.M. City Council concluded the Executive/Closed Session whereupon the following business was transacted:

RECESS

At 1:08 P.M., Mayor New called a recess.

RECONVENE

At 1:20 P.M., Council reconvened, and the following business was transacted:

DISCUSSION ON IDENTIFICATION ALTERNATIVES IN ORDER TO UTILIZE THE FREE ONCE-A-MONTH SERVICE AT THE CITY’S LANDFILL

Councilmember Farmer requested the item and City Manager Harold Dominguez and Operations Director Ricky Dickson presented background information.

Discussion was held on customer privacy concerns and state regulations, the process, the attempted use by commercial services, the program costs, the capital investment resulting in changes to the program, and the possibility of implementing the service twice versus once per month.

Public comment was made by Citizen Fredrick Harder.

AUTHORIZATION TO CONTINUE THE POSTED SPEED LIMIT AND TRAFFIC DATA COLLECTED ON FOSTER ROAD FROM LOOP 306 FRONTAGE ROAD SOUTH THROUGH BUTLER FARMS SUBDIVISION

Councilmember Alexander requested the item and City Engineer Clinton Bailey presented background information. A copy of the presentation/report/document is part of the Permanent Supplemental Record.

General discussion was held on the speed zones on similar classified streets, road use by farm equipment drivers, and other safety hazards along the roadway.

Motion, to maintain posted speed limit as stated, was made by Councilmember Farmer and seconded by Councilmember Adams.

Assistant City Manager Elizabeth Grindstaff suggested staff will present the Manual on Uniform Traffic Control Devices (MUTCD) traffic engineering principles at a future meeting.

Public comment was made by Citizen Fredrick Harder.

A vote was taken on the motion on the floor. AYE: New, Morrison, Silvas, Adams, Hirschfeld, and Farmer. NAY: Alexander. Motion carried 6-1.

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2010-2011 BUDGET FOR GRANTS

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR GRANTS

Finance Director Michael Dane presented background information.

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

DISCUSSION AND CONSIDERATION OF OVERALL BUDGET GOALS AND POLICY RECOMMENDATIONS RELATED TO:

· General Fund Overview · Water Rates for long-term water supply · Other Budget Related Issues

Page 16: City Council July 12, 2011 Agenda Packet

Minutes Page 755 June 28, 2011 Vol. 102 Finance Director Michael Dane presented background information. A copy of the presentation is part of the Permanent Supplemental Record.

Discussion was held on a proposed stratified pay plan and related percentages, proposed percentage salary rates for employees making less than $50k, proposed innovations for better services and efficiencies, health insurance premium contribution rate and percentage, employee health committee, the percentage allocation for salaries from the general fund, decreasing the property tax rate, and increasing franchise fee rates.

City Council suggested the following: taking lower tiered programs, non-public safety involved, e.g. parks and recreation, pulling facilities off line to maintain other facility improvements and recently approved projects; privatization of facilities and programs; reallocating recreation monies, e.g. partnering with school district to utilize their park areas, expending a one-time expenditure for equipment and schools maintain; salary savings for reorganization, and reducing to 4/10 work week. Once the changes and financial savings are determined, such savings may used for street reconstruction.

Councilmember Farmer left the meeting at 3:29 P.M. and returned at 3:38 P.M. Councilmember Morrison left the meeting at 3:29 returned 3:34 P.M.

Upon conclusion, Council recommended and directed staff to bring back budget cuts with significant impacts, and to move forward with increasing the franchise fee allocation rate.

AUTHORIZATION OF AMENDMENT #1 PURSUANT TO SECTION 2.2 OF THE AGREEMENT FOR CONSTRUCTION MANAGER AT RISK CONTRACT WITH TEMPLETON CONSTRUCTION FOR THE NORTH CONCHO RIVER IMPROVEMENTS PROJECT, AUTHORIZED ON NOVEMBER 2, 2010, TO INCLUDE THEIR GUARANTEED MAXIMUM PRICE ($9,300,000.00); AUTHORIZATION FOR AN ADDITIONAL $300,000.00 ALLOCATED AS CONTINGENCY OUTSIDE OF THE CONTRACT PRICE ALLOWING FOR A TOTAL PROJECT BUDGET OF $9,600,000.00; AND AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY RELATED DOCUMENTS

Construction Manager David Knapp and Architect Craig Kinney of Kinney/Frankie Architects presented background information. A copy of the presentation is part of the Permanent Supplemental Record.

General discussion was held on the water fall feature and the possibility of adding the amenity if sufficient funds are available, draining the river and coordinating the drainage with the Lake Nasworthy project.

Public comment was made by Citizen Fredrick Harden.

Motion, to authorize Amendment #1, as presented and not to exceed stated price, was made by Councilmember Silvas and seconded by Councilmember Hirschfeld. Motion carried unanimously.

ADOPTION OF A RESOLUTION ENACTING DROUGHT STAGE, LEVEL I, OF THE CITY’S WATER CONSERVATION/DROUGHT CONTINGENCY PLAN (ANNEX J, PAGE 801, RESOLUTION #2011-06-073R)

Water Utilities Director Will Wilde presented background information.

General discussion was held on establishing a conservation credit program and suggested staff present such initiative at a future meeting.

Motion, to adopt the Resolution, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Motion carried unanimously.

FOLLOW UP AND ADMINISTRATIVE ISSUES

CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION

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

Page 17: City Council July 12, 2011 Agenda Packet

Page 756 Minutes Vol. 102 June 28, 2011 APPROVAL OF A BOARD NOMINATION BY COUNCIL AND DESIGNATED COUNCILMEMBERS:

Public Art Commission: Hal Noelke (SMD5) to a 2nd full term April 2013

Motion, to approve the board nomination by Council and designated Councilmembers, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Motion carried unanimously.

APPROVAL TO RESCHEDULE THE REGULAR JULY 5, 2011 CITY COUNCIL MEETING TO JULY 12, 2011

Council recommended rescheduling the July 5, 2011 meeting to July 12, 2011. The July 19, 2011 meeting will remain as scheduled.

CONSIDERATION OF FUTURE AGENDA ITEMS

City Manager Harold Dominguez distributed the proposed July 12, 2011 Agenda and solicited Council comments and suggestions.

· Implementing Water Conservation Credit Program, e.g. capturing rain water, low water use toilets, etc. Similar to the plan implemented by the City of San Antonio

· Update on Manual on Uniform Traffic Control Devices (MUTCD) traffic engineering principles

· Traffic/safety issues in the Bluffs Subdivision, e.g. Melrose

· Loop 306 mowing issue

· Converting to a 4/10 workweek

ADJOURNMENT

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

The meeting adjourned at 5:02 P.M.

THE CITY OF SAN ANGELO ___________________________________ Alvin New, Mayor

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

Page 18: City Council July 12, 2011 Agenda Packet

City of San Angelo

Memo Date: July 8, 2011

To: Mayor and Councilmembers

From: Tom Kerr, Assistant Director of Water Utilities

Subject: Agenda Item for July 12, 2011 Council Meeting

Contact: Tom Kerr, 657-4209

Caption: Consent Item

Consideration of award of bid for WU-09-11 Granular Activated Carbon to Norit Americas, Inc..

Summary: Six (6) bids were received from vendors to supply granular activated carbon. The vendors being Calgon Carbon Corporation, Carbon Activated Corporation, Carbon Tech, Inc., SNR Technologies, and Norit Americas, Inc.. Norit Americas, Inc. provided the lowest unit price for media providing the greatest quantity for the budgeted funds.

History: The City uses granular activated carbon (GAC) as filter media at the water treatment plant for turbidity removal and taste and odor improvement. The media performs best if replaced within 3 to 5 years.

Financial Impact: Funded within the Water Treatment operation budget at $190,000.

Related Vision Item

N/A

Other Information/ Recommendation:

It is recommended that the bid be awarded to Norit Amercas, Inc..

Attachments: Bid Tab

Presentation: None

Publication: N/A

Reviewed by Service Area Director:

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

Page 19: City Council July 12, 2011 Agenda Packet

No. Item Calgon CalgonCarbon Activited

Corporation Carbon Tech SNR Tech Norit

1 Granular Activated Carbon Filter Media Price/Pound

$ 1.230 $ 1.130 $ 1.300 $ 1.240 $ 1.151 $ 1.055

2 Total Purchase $ 190,000.00 $ 190,000.00 $ 190,000.00 $ 190,000.00 $ 190,000.00 $ 190,000.00

154,471.54 168,141.59 146,153.85 153,225.81 165,073.85 180,094.79

Delivery Time in Calendar Days 14-21 14-21 60 90 14-60 14-60

Bids Mailed To:

Calgon Carbon Corporation Pittsburgh, PACarbon Tech, Inc. Carmel Valley, CA

*Norit America, Inc. Marshall, TX

SNR Technologies Katy, TX

C I T Y O F S A N A N G E L O BID TABULATION * RFB NO: WU-09-11/Granular Activated Carbon Filter Media * June 29, 2011

Total Pounds

O:\2011 Agenda Packets\07-12-11\PUR WU-09-11 Bid

Page 20: City Council July 12, 2011 Agenda Packet

City of San Angelo

Memo Date: July 8, 2011

To: Mayor and Councilmembers

From: Brian Dunn, Fire Department

Subject: Agenda Item for July 5, 2011 Council Meeting

Contact: Brian Dunn, Fire Department, (325) 657-4355

Caption: Consent Item

Consideration to Select Vender from RFP FD-02-11 and Authorizing Staff to Negotiate an EMS Billing and Collection Contract and Authorizing City Manager to Execute the Contract

Summary/ History::

The City of San Angelo sent out a RFP for EMS Billing and Collections. The city received 5 responses to the RFP. The following companies sent responses.

• Business and Professional Service-San Antonio, TX

• InterMedix-Houston, TX

• Specialized Billing-Houston, TX

• Certified Ambulance Group-Wethersfield, CT

• CareMed Partners-Lake Wood, CO

A committee of five evaluated the companies on OVERALL COST, CONFORMANCE TO SPECIFICATIONS/BEST VALUE, and EXPERIENCE. The committee consisted of Brian Dunn, Fire Chief; Kevin Lassiter, Assistant Chief; Roger Banks, Purchasing Manager; Doug Cooper, Finance and Rick Weise, Assistant City Manager.

Business and Professional Service received the top evaluation from the committee. The committee is recommending Business and Professional Service be approved to negotiate a new contract to provide EMS Billing and Collection. We are asking that staff be allowed to negotiate the new contract and the city manager be allowed to execute the contract. Billing and Professional Service is the current provider for these services.

Financial Impact: Anticipated Revenue $2,320,000 and Anticipated Cost $255,060

Related Vision Item

(if applicable):

Other Information/ Recommendation:

Staff Recommends Approval

Attachments: PUR FD-02-10 Acknowledgement.pdf PUR FD-02-10 Scoring Justification.pdf PUR FD-02-10 Scoring Worksheet.pdf

Page 21: City Council July 12, 2011 Agenda Packet

Presentation: None

Publication: None

Reviewed by Director:

Brian Dunn 6/6/2011

Approved by Legal:

Page 22: City Council July 12, 2011 Agenda Packet

City of San AngeloProposal Acknowledgment * RFP: FD-02-11/EMS Billing & CollectionsDate: April 15, 2011

Proposals Received City, State1 Business and Professional Service San Antonio, TX2 CareMed Partners, Inc Lakewood, CO

3 Certified Ambulance Group Rocky Hill, CT

4 Inter Medix Coorporation Ardmore, OK

5 Specialized Billing Houston, TX

Proposals Mailed To:Business and Professional Service San Antonio, TXInter Medix Coorporation Ardmore, OK

NOTE: Include this form with your Agenda Memo

Y:\11‐RFX\Fire\FD0211 EMS Billing\FD‐02‐10 RFP Acknowledgement & Wksht

Page 23: City Council July 12, 2011 Agenda Packet

1 y:\11‐rfx\fire\fd0211 ems billing\rfp scoring justifications.docx 

City of San Angelo Fire Department

Memo To: Roger Banks, Purchasing Manager

From: Chief Brian Dunn, Fire Department

Date: April 27, 2011

Re: RFP: FD-02-11/EMS Billing & Collections-Submission Evaluations

After reviewing the responses submitted for RFP: FD-02-11/EMS Billing & Collections, the five -member committee (consisting of myself, Roger Banks-Purchasing, Doug Cooper-Finance, Assistant Chief Kevin Lassiter, and Rick Weise-Assistant City Manager) scored the submissions as reflected below.

1. Business and Professional Service (B&P), San Antonio, Texas-442 points: B&P has been in service for 79 years and has provided billing and collection services to the City since 1997. Committee members liked the flat percentage fee proposed as it included all billing services as well delinquent account collection services. The collection rate by B & P is estimated to be 75%-85%. This firm also scored high in conformance to the RFP specifications and experience. The committee believes that this company will provide the best value for billing/collections services as well as a “value added service” relating to qualifying patients prior to scheduled transfers.

2. InterMedix, Houston, Texas-397 points: This Company has been in business for 33 years with 500 employees. Committee members were impressed by InterMedix’s submission package and the proposed fee for billing services. However, the fees proposed relating to credit card fees, delinquent account fees and Notice of Privacy Practices mailings were in addition to the 7% base fee.

3. Specialized Billing, Houston, Texas-389 points: Specialized proposed billing fee are 9%-14% depending on the service options selected. However, their collection recovery rate was only 58% to 78%. The company has been in business for 25 years with 25 employees.

4. Certified Ambulance Group, Wethersfield, Connecticut-252 points: Certified Ambulance Group proposed a fee of 7% with an expected recovery rate of 82%. However, the proposed fee did not include delinquent account fees. In addition some critical information requested in RFP was not submitted, e.g., financial reports, resumes of key staff members, etc.

5. CareMed Partners, Lake Wood, Colorado-162 points: Proposed a billing fee of 7% but the fee did not include delinquent account services. The submission package was incomplete and did not provide the selection committee with enough information to compare them to the other companies. The company has been in business for 17 years with 42 employees.

As a result of the rankings, the committee is recommending that Business and Professional Service (B&P), of San Antonio, Texas be approved for negotiating a new contract to provide EMS Billing and Collection Services for the City of San Angelo. If a satisfactory contract cannot be negotiated, negotiations with the next most qualified provider, is recommended.

Page 24: City Council July 12, 2011 Agenda Packet

Chief Dunn

Category Max Pts

Business and Professional

ServiceCareMed

Partners, Inc

Certified Ambulance

GroupInter Medix

Coorporation Specialized

BillingOverall Cost 40 35 15 30 30 25Conformance to Specifications/Best Value 30 27 7 20 25 20Experience 30 25 10 20 25 20Interview (If requested) 15 0 0 0 0 0Reserved 0 0 0 0 0 0Reserved 0 0 0 0 0 0

Total Score 115 87 32 70 80 65Rank 1 5 3 2 4

Roger Banks

Category Points

Business and Professional

ServiceCareMed

Partners, Inc

Certified Ambulance

GroupInter Medix

Coorporation Specialized

Billing

Proposal Acknowledgment * RFP: FD-02-11/EMS Billing & CollectionsDate: April 15, 2011

Overall Cost 40 35 35 30 32 25Conformance to Specifications/Best Value 30 30 5 25 30 25Experience 30 30 30 22 30 25Interview (If requested) 15 0 0 0 0 0Reserved 0 0 0 0 0 0Reserved 0 0 0 0 0 0

Total Score 115 95 70 77 92 75Rank 1 5 3 2 4

Y:\11-RFX\Fire\FD0211 EMS Billing\RFP Acknowledgement & Wksht Page 1 of 4

Page 25: City Council July 12, 2011 Agenda Packet

Proposal Acknowledgment * RFP: FD-02-11/EMS Billing & CollectionsDate: April 15, 2011

Doug Cooper

Category Points

Business and Professional

ServiceCareMed

Partners, Inc

Certified Ambulance

GroupInter Medix

Coorporation Specialized

BillingOverall Cost 40 35 0 0 40 30Conformance to Specifications/Best Value 30 30 0 0 25 20Experience 30 30 0 0 25 20Interview (If requested) 15 0 0 0 0 0Reserved 0 0 0 0 0 0Reserved 0 0 0 0 0 0

Total Score 115 95 0 0 90 70Rank 1 4 4 2 3

kevin Lassiter

Business and Professional CareMed

Certified Ambulance Inter Medix Specialized

Category Points Service Partners, Inc Group Coorporation BillingOverall Cost 40 20 35 30 30 25Conformance to Specifications/Best Value 30 25 5 15 25 20Experience 30 30 15 15 15 20Interview (If requested) 15 0 0 0 0 0Reserved 0 0 0 0 0 0Reserved 0 0 0 0 0 0

Total Score 75 55 60 70 65Rank 1 5 4 2 3

Y:\11-RFX\Fire\FD0211 EMS Billing\RFP Acknowledgement & Wksht Page 2 of 4

Page 26: City Council July 12, 2011 Agenda Packet

Proposal Acknowledgment * RFP: FD-02-11/EMS Billing & CollectionsDate: April 15, 2011

Rick Weise

Category Points

Business and Professional

ServiceCareMed

Partners, Inc

Certified Ambulance

GroupInter Medix

Coorporation Specialized

BillingOverall Cost 40 35 5 15 25 10Conformance to Specifications/Best Value 30 25 0 10 20 18Experience 30 30 0 20 20 20Interview (If requested) 15Reserved 0Reserved 0

Total Score 115 90 5 45 65 48Rank 1 5 4 2 3

Category Points

Business and Professional

ServiceCareMed

Partners, Inc

Certified Ambulance

GroupInter Medix

Coorporation Specialized

BillingOverall CostConformance to Specifications/Best ValueExperienceInterview (If requested)ReservedReserved

Total Score 0 0 0 0 0 0Rank 1 1 1 1 1

Y:\11-RFX\Fire\FD0211 EMS Billing\RFP Acknowledgement & Wksht Page 3 of 4

Page 27: City Council July 12, 2011 Agenda Packet

Proposal Acknowledgment * RFP: FD-02-11/EMS Billing & CollectionsDate: April 15, 2011

Committee Member Summary

CategoryTotal

PointsOverall Cost 200 160 90 105 157 115Conformance to Specifications/Best Value 150 137 17 70 125 103Experience 150 145 55 77 115 105Interview (If requested) 75 0 0 0 0 0Reserved 0 0 0 0 0 0Reserved 0 0 0 0 0 0

Total Score 575 442 162 252 397 323Rank 1 5 4 2 3

Attach a Written Justification for each company's ranking and forward to PurchasingNOTE: Attached this form and the Written Justification to your Agenda Background Memo

Business and Professional

ServiceCareMed

Partners, Inc

Certified Ambulance

GroupInter Medix

Coorporation Specialized

Billing

Y:\11-RFX\Fire\FD0211 EMS Billing\RFP Acknowledgement & Wksht Page 4 of 4

Page 28: City Council July 12, 2011 Agenda Packet

City of San Angelo

Memo Date: 6/20/11

To: Mayor and Councilmembers

From: Tim Vasquez, Chief of Police

Subject: Agenda Item for July 5, 2011 Council Meeting

Contact: Chief Tim Vasquez, 657-4336

Caption: Consent Agenda Item

AUTHORIZATION FOR THE CITY OF SAN ANGELO POLICE DEPARTMENT TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE TOM GREEN COUNTY SHERIFF’S OFFICE FOR THE PURPOSE OF JOINTLY APPLYING FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS

Summary: The U.S. Department of Justice announced that the City of San Angelo Police Department is eligible to apply for funds from the Edward Byrne Memorial Justice Assistance Grant. The grant is designed to help fund state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support. The City of San Angelo and Tom Green County are allocated $33,629 jointly from the grant. The funds are divided by the number of authorized positions per department. The Police Department will receive $25,929 and the Tom Green County Sheriff’s Office will receive $7,700. The San Angelo Police Department will purchase Downtown mobile transportation units and replacement cameras for the CSI and Narcotics divisions. The Tom Green County Sheriff’s Office will purchase emergency light systems and portable radios.

History: The San Angelo Police Department is awarded funds each year to purchase

equipment to help prevent and control crime. Financial Impact: The allocated amount is $33,629. The City of San Angelo will receive $25,929

and Tom Green County will receive $7,700. This will increase the Police Department budget in the amount of $25,929.

Other Information/Recommendation: Staff recommends approval of the stated caption. The grant

application must be turned in by July 21, 2011 to be eligible for review. Attachments: Interlocal Agreement Presentation: none Reviewed by Service Area Director: Chief Tim Vasquez, Police Department, 6/20/11

Page 29: City Council July 12, 2011 Agenda Packet

Page 1 of 2

GMS APPLICATION NUMBER _________________________

CITY SECRETARY CONTRACT NO. _______

THE STATE OF TEXAS KNOW ALL BY THESE PRESENT

COUNTY OF TOM GREEN

INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN ANGELO, TEXAS AND COUNTY OF TOM GREEN, TEXAS

2011 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD

LOCAL SOLICITATION

This Agreement is made and entered into this____day of________, 2011, by and between The COUNTY of TOM GREEN, acting by and through its governing body, the Commissioners Court, hereinafter referred to as COUNTY, and the CITY of SAN ANGELO, acting by and through its governing body, the City Council, hereinafter referred to as CITY, both of TOM GREEN County, State of TEXAS, witnesseth: WHEREAS, this Agreement is made under the authority of Chapter 791 of the Government Code: and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and WHEREAS, the CITY agrees to provide the COUNTY $7,700 from the JAG award for Emergency light systems and portable radios program: and WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE, the COUNTY and CITY agree as follows:

Section 1. CITY agrees to pay COUNTY a total of $7,700 of JAG funds.

Section 2. COUNTY agrees to use $7,700 for the Emergency light systems and portable radios program until September 30, 2013.

Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Texas Tort Claims Act.

Page 30: City Council July 12, 2011 Agenda Packet

Page 2 of 2

Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Texas Tort Claims Act.

Section 5. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party.

Section 6.

The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.

Section 7.

By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. CITY OF SAN ANGELO, TEXAS COUNTY OF TOM GREEN, TEXAS ___________________________________ ____________________________________ City Manager County Judge Harold Dominguez Mike Brown ATTEST: APPROVED AS TO FORM: ___________________________________ ____________________________________ City Clerk Assistant District Attorney Alicia Ramirez APPROVED AS TO FORM: APPROVED AS TO CONTENT: ___________________________________ ____________________________________ City Attorney Police Chief Lysia H. Bowling Tim Vasquez *By law, the District Attorney’s Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contracts or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s).

Page 31: City Council July 12, 2011 Agenda Packet

City of San Angelo Finance Department

Memo Date: June 16, 2011

To: Mayor and Councilmembers

From: Morgan Trainer, Budget Analyst, Sr.

Subject: Agenda Item for June 28, 2011 Council Meeting

Contact: Morgan Trainer, Budget Analyst, Sr. 653-6291

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

First public hearing and introduction of an Ordinance amending the 2010-2011 Budget for grants.

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

• WIC Renovation and Program Costs

History: See attached Budget Amendment Request memorandum.

Financial Impact: $639,500 (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

Page 32: City Council July 12, 2011 Agenda Packet

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR 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 2010-2011 be amended by the amounts contained in Exhibit A.

INTRODUCED on the 28th day of June, 2011, and APPROVED and ADOPTED on this the 12th day of July, 2011.

CITY OF SAN ANGELO, TEXAS

__________________________________ Alvin New, Mayor

ATTEST: __________________________________ Alicia Ramirez, City Clerk

Approved as to Content and Form:

__________________________________ Michael Dane, Finance Director

Page 33: City Council July 12, 2011 Agenda Packet

City of San Angelo Proposed Budget Amendment Exhibit A

Fund Number Fund Name

Total Revenue

Amendment

Total Expenditure Amendment

Net Benefit/

(Cost)

103 Intergovernmental 639,500 639,500 0 Totals 639,500 639,500 0

Page 34: City Council July 12, 2011 Agenda Packet

City of San Angelo Proposed Budget Amendment Additional Information

Project/Need Source of Funding Revenue Expense

Net Benefit/ (Cost)

Fund Balance

75 Day Fund

Balance Goal

WIC Renovation and Program Costs USDA Federal Funds 639,500 639,500 0

Page 35: City Council July 12, 2011 Agenda Packet
Page 36: City Council July 12, 2011 Agenda Packet

City of San Angelo

Memo Date: July 8, 2011

To: Mayor and Council

From: Robert Schneeman, Development Coordinator

Subject: Agenda Item for 07/12/2011 Council Meeting

Contact: Robert Schneeman 657-4210

Caption: Regular Agenda Item

Consideration and possible action regarding an application by Total Energy Services, LLC on behalf of Nabors Well Services LTD to drill a total of three non producing Training Wells at depths of 2000 feet, 3,000 feet and 6,000 feet on their property located at 1214 Gas Plant Road in support of a new permanent training facility for oil field workers in Southwest Texas

Summary: Nabors Well Services LTD is planning to construct a permanent training facility at their San Angelo location on Gas Plant Road which will provide temporary living quarters and classroom facilities for crews in training. The intent is to provide a “real world” environment in which to train including a total of three wells at varying depths which will be used to simulate drilling operations including tool use, equipment assembly and disassembly, and well pipe placement.

History: Nabors Well Services LTD has identified the need for a training facility for oil field crews to teach the day to day operational aspects of the oil drilling business. The facility will include temporary living quarters of the type normally found at off shore and / or remote well locations, classrooms and three wells of varying depth to be used to simulate the actual drilling operation. The company has obtained permits from the Texas Railroad Commission for all three wells. In addition they have submitted the required forms to the Texas Commission on Environmental Quality, TCEQ and received a recommendation for groundwater protection pursuant to that application. Drilling of the three wells will be completed in accordance with applicable Railroad Commission standards. According to San Angelo City Code Section 5.1300 Oil and Gas Drilling, Section 5.1302, it is unlawful for any person acting either for himself or as agent, employee, independent contractor, or servant or any person to drill or commence to drill a well as defined herein within the limits of the City of San Angelo, Texas, or to work upon or assist in any way in the prosecution of the drilling of any such well as defined herein within the city limits of the City of San Angelo, Texas without a permit for the drilling and operation of such well having first been issued by authority of city council of the City of San Angelo, Texas in accordance with the provisions of this article.

Financial Impact: $5,000 permit fee

Recommendation: Staff recommends approval of the application once received and once applicant has met all requirements under Article 5.1300 of the City of San Angelo, Texas Code of Ordinances.

Page 37: City Council July 12, 2011 Agenda Packet

Attachments: Railroad Commission of Texas Permit numbers 714533, 717805, and 718218; TCEQ Form 0051R File No. 3949;

Presentation: Robert Schneeman, Development Coordinator

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Permit Invalidation. It is the operator�s responsibility to make sure that the permitted location complies with Commission density and spacing rules in effect on the spud date. The permit becomes invalid automatically if, because of a field rule change or the drilling of another well, the stated location is not in compliance with Commission field rules on the spud date. If this occurs, application for an exception to Statewide Rules 37 and 38 must be made and a special permit granted prior to spudding. Failure to do so may result in an allowable not being assigned and/or enforcement procedures being initiated.

PERMIT TO DRILL, RECOMPLETE, OR RE-ENTER ON REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION

Permit expiration. This permit expires two (2) years from the date of issuance shown on the original permit. The permit period will not be extended.

Drilling Permit Number. The drilling permit number shown on the permit MUST be given as a reference with any notification to the district (see below), correspondence, or application concerning this permit.

Rule 37 Exception Permits. This Statewide Rule 37 exception permit is granted under either provision Rule 37 (h)(2)(A) or 37(h)(2)(B). Be advised that a permit granted under Rule 37(h)(2)(A), notice of application, is subject to the General Rules of Practice and Procedures and if a protest is received under Section 1.3, �Filing of Documents,� and/or Section 1.4, �Computation of Time,� the permit may be deemed invalid.

Before Drilling

Fresh Water Sand Protection. The operator must set and cement sufficient surface casing to protect all usable-quality water, as defined by the Texas Commission on Environmental Quality (TCEQ). Before drilling a well, the operator must obtain a letter from the Texas Commission on Environmental Quality stating the depth to which water needs protection, Write: Texas Commission on Environmental Quality (Surface Casing-MC151), P.O. Box 13087, Austin, TX 78711-3087. File a copy of the letter with the appropriate district office.

During Drilling

Permit at Drilling Site. A copy of the Form W-1 Drilling Permit Application, the location plat, a copy of Statewide Rule 13 alternate surface casing setting depth approval from the district office, if applicable, and this drilling permit must be kept at the permitted well site throughout drilling operations.

*Notification of Setting Casing. The operator MUST call in notification to the appropriate district office (phone number shown the on permit) a minimum of eight (8) hours prior to the setting of surface casing, intermediate casing, AND production casing. The individual giving notification MUST be able to advise the district office of the drilling permit number.

Completion and Plugging Reports

Producing Well. Statewide Rule 16 states that the operator of a well shall file with the Commission the appropriate completion report within thirty (30) days after completion of the well or within ninety (90) days after the date on which the drilling operation is completed, whichever is earlier. Completion of the well in a field authorized by this permit voids the permit for all other fields included in the permit unless the operator indicates on the initial completion report that the well is to be a dual or multiple completion and promptly submits an application for multiple completion. All zones are required to be completed before the expiration date on the existing permit. Statewide Rule 40(d) requires that upon successful completion of a well in the same reservoir as any other well previously assigned the same acreage, proration plats and P-15s (if required) must be submitted with no double assignment of acreage.

Dry or Noncommercial Hole. Statewide Rule 14(b)(2) prohibits suspension of operations on each dry or non-commercial well without plugging unless the hole is cased and the casing is cemented in compliance with Commission rules. If properly cased, Statewide Rule 14(b)(2) requires that plugging operations must begin within a period of one (1) year after drilling or operations have ceased. Plugging operations must proceed with due diligence until completed. An extension to the one-year plugging requirement may be granted under the provisions stated in Statewide Rule 14(b)(2).

CONDITIONS AND INSTRUCTIONS

Intention to Plug. The operator must file a Form W-3A (Notice of Intention to Plug and Abandon) with the district office at least five (5) days prior to beginning plugging operations. If, however, a drilling rig is already at work on location and ready to begin plugging operations, the district director or the director�s delegate may waive this requirement upon request, and verbally approve the proposed plugging procedures.

*Notification of Plugging a Dry Hole. The operator MUST call in notification to the appropriate district office (phone number shown on permit) a minimum of four (4) hours prior to beginning plugging operations. The individual giving the notification MUST be able to advise the district office of the drilling permit number and all water protection depths for that location as stated in the Texas Commission on Environmental Quality letter.

The operator is REQUIRED to notify the district office when setting surface casing, intermediate casing, and production casing, or when plugging a dry hole. Time requirements are given above. The drilling permit number MUST be given with such notifications.

DIRECT INQUIRIES TO: DRILLING PERMIT SECTION, OIL AND GAS DIVISIONPHONE

(512) 463-6751

MAIL:PO Box 12967

Austin, Texas, 78711-2967

Page 1 of 2

Railroad Commission of Texas

*NOTIFICATION

Page 40: City Council July 12, 2011 Agenda Packet

7C 2 3,00064.91-------------------------------------------------------------------- -------- --------- ------- ---

WILDCAT

SATTC 1705 0

RESTRICTIONS: For exploratory test only

THE FOLLOWING RESTRICTIONS APPLY TO ALL FIELDSThis well shall be completed and produced in compliance with applicable special field or statewide spacing and density rules. If this well is to be used for brine mining, underground storage of liquid hydrocarbons in salt formations, or underground storage of gas in salt formations, a permit for that specific purpose must be obtained from Environmental Services prior to construction, including drilling, of the well in accordance with Statewide Rules 81, 95, and 97.

RAILROAD COMMISSION OF TEXASOIL & GAS DIVISION

PERMIT TO DRILL, DEEPEN, PLUG BACK, OR RE-ENTER ON A REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION

Page 2 of 2

Section, Block and/or Survey

(325) 657-7450

NOTICEThis permit and any allowable assigned may be revoked if payment for fee(s) submitted to the Commission is not honored. District Office Telephone No:

FIELD(s) and LIMITATIONS:

PERMIT NUMBER DATE PERMIT ISSUED OR AMENDED DISTRICT

WELLBORE PROFILE(S)TYPE OF OPERATION ACRES

SATTC 2

DISTANCE TO SURVEY LINES DISTANCE TO NEAREST LEASE LINE

See FIELD(s) Below6759 ft. N 1705 ft. W

Jun 06, 201142-451-32715 TOM GREEN

7C717805 Jun 09, 2011

64.91VerticalNEW DRILL

1705 ft.6759 ft. N 1705 ft. W

4.2 miles S direction from SAN ANGELO 3000

NABORS WELL SERVICES CO.598914OPERATOR

1637SECTION 169 1/2 BLOCK ABSTRACT

MOORE, L PSURVEY

DISTANCE TO NEAREST WELL ON LEASEDISTANCE TO LEASE LINES

LOCATION TOTAL DEPTH

LEASE NAME WELL NUMBER

API NUMBER FORM W-1 RECEIVED COUNTY

Data Validation Time Stamp: Jun 9, 2011 10:00 AM( 'As Approved' Version )

515 WEST GREENS RD STE 1170HOUSTON, TX 77067

*

* SEE FIELD DISTRICT FOR REPORTING PURPOSES *

FIELD NAME ACRES DEPTH WELL # DIST LEASE NAME NEAREST LEASE NEAREST WE

Page 41: City Council July 12, 2011 Agenda Packet

Permit Invalidation. It is the operator�s responsibility to make sure that the permitted location complies with Commission density and spacing rules in effect on the spud date. The permit becomes invalid automatically if, because of a field rule change or the drilling of another well, the stated location is not in compliance with Commission field rules on the spud date. If this occurs, application for an exception to Statewide Rules 37 and 38 must be made and a special permit granted prior to spudding. Failure to do so may result in an allowable not being assigned and/or enforcement procedures being initiated.

PERMIT TO DRILL, RECOMPLETE, OR RE-ENTER ON REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION

Permit expiration. This permit expires two (2) years from the date of issuance shown on the original permit. The permit period will not be extended.

Drilling Permit Number. The drilling permit number shown on the permit MUST be given as a reference with any notification to the district (see below), correspondence, or application concerning this permit.

Rule 37 Exception Permits. This Statewide Rule 37 exception permit is granted under either provision Rule 37 (h)(2)(A) or 37(h)(2)(B). Be advised that a permit granted under Rule 37(h)(2)(A), notice of application, is subject to the General Rules of Practice and Procedures and if a protest is received under Section 1.3, �Filing of Documents,� and/or Section 1.4, �Computation of Time,� the permit may be deemed invalid.

Before Drilling

Fresh Water Sand Protection. The operator must set and cement sufficient surface casing to protect all usable-quality water, as defined by the Texas Commission on Environmental Quality (TCEQ). Before drilling a well, the operator must obtain a letter from the Texas Commission on Environmental Quality stating the depth to which water needs protection, Write: Texas Commission on Environmental Quality (Surface Casing-MC151), P.O. Box 13087, Austin, TX 78711-3087. File a copy of the letter with the appropriate district office.

During Drilling

Permit at Drilling Site. A copy of the Form W-1 Drilling Permit Application, the location plat, a copy of Statewide Rule 13 alternate surface casing setting depth approval from the district office, if applicable, and this drilling permit must be kept at the permitted well site throughout drilling operations.

*Notification of Setting Casing. The operator MUST call in notification to the appropriate district office (phone number shown the on permit) a minimum of eight (8) hours prior to the setting of surface casing, intermediate casing, AND production casing. The individual giving notification MUST be able to advise the district office of the drilling permit number.

Completion and Plugging Reports

Producing Well. Statewide Rule 16 states that the operator of a well shall file with the Commission the appropriate completion report within thirty (30) days after completion of the well or within ninety (90) days after the date on which the drilling operation is completed, whichever is earlier. Completion of the well in a field authorized by this permit voids the permit for all other fields included in the permit unless the operator indicates on the initial completion report that the well is to be a dual or multiple completion and promptly submits an application for multiple completion. All zones are required to be completed before the expiration date on the existing permit. Statewide Rule 40(d) requires that upon successful completion of a well in the same reservoir as any other well previously assigned the same acreage, proration plats and P-15s (if required) must be submitted with no double assignment of acreage.

Dry or Noncommercial Hole. Statewide Rule 14(b)(2) prohibits suspension of operations on each dry or non-commercial well without plugging unless the hole is cased and the casing is cemented in compliance with Commission rules. If properly cased, Statewide Rule 14(b)(2) requires that plugging operations must begin within a period of one (1) year after drilling or operations have ceased. Plugging operations must proceed with due diligence until completed. An extension to the one-year plugging requirement may be granted under the provisions stated in Statewide Rule 14(b)(2).

CONDITIONS AND INSTRUCTIONS

Intention to Plug. The operator must file a Form W-3A (Notice of Intention to Plug and Abandon) with the district office at least five (5) days prior to beginning plugging operations. If, however, a drilling rig is already at work on location and ready to begin plugging operations, the district director or the director�s delegate may waive this requirement upon request, and verbally approve the proposed plugging procedures.

*Notification of Plugging a Dry Hole. The operator MUST call in notification to the appropriate district office (phone number shown on permit) a minimum of four (4) hours prior to beginning plugging operations. The individual giving the notification MUST be able to advise the district office of the drilling permit number and all water protection depths for that location as stated in the Texas Commission on Environmental Quality letter.

The operator is REQUIRED to notify the district office when setting surface casing, intermediate casing, and production casing, or when plugging a dry hole. Time requirements are given above. The drilling permit number MUST be given with such notifications.

DIRECT INQUIRIES TO: DRILLING PERMIT SECTION, OIL AND GAS DIVISIONPHONE

(512) 463-6751

MAIL:PO Box 12967

Austin, Texas, 78711-2967

Page 1 of 2

Railroad Commission of Texas

*NOTIFICATION

Page 42: City Council July 12, 2011 Agenda Packet

7C 3 6,00064.91-------------------------------------------------------------------- -------- --------- ------- ---

WILDCAT

SATTC 1952 0

RESTRICTIONS: For exploratory test only

THE FOLLOWING RESTRICTIONS APPLY TO ALL FIELDSThis well shall be completed and produced in compliance with applicable special field or statewide spacing and density rules. If this well is to be used for brine mining, underground storage of liquid hydrocarbons in salt formations, or underground storage of gas in salt formations, a permit for that specific purpose must be obtained from Environmental Services prior to construction, including drilling, of the well in accordance with Statewide Rules 81, 95, and 97.

RAILROAD COMMISSION OF TEXASOIL & GAS DIVISION

PERMIT TO DRILL, DEEPEN, PLUG BACK, OR RE-ENTER ON A REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION

Page 2 of 2

Section, Block and/or Survey

(325) 657-7450

NOTICEThis permit and any allowable assigned may be revoked if payment for fee(s) submitted to the Commission is not honored. District Office Telephone No:

FIELD(s) and LIMITATIONS:

PERMIT NUMBER DATE PERMIT ISSUED OR AMENDED DISTRICT

WELLBORE PROFILE(S)TYPE OF OPERATION ACRES

SATTC 3

DISTANCE TO SURVEY LINES DISTANCE TO NEAREST LEASE LINE

See FIELD(s) Below1952 ft. WEST 6756 ft. NORTH

Jun 10, 201142-451-32716 TOM GREEN

7C718218 Jun 15, 2011

64.91VerticalNEW DRILL

1952 ft.1952 ft. WEST 6756 ft. NORTH

4.2 miles S direction from SAN ANGELO 6000

NABORS WELL SERVICES CO.598914OPERATOR

1637SECTION 169 1/2 BLOCK ABSTRACT

MOORE, L PSURVEY

DISTANCE TO NEAREST WELL ON LEASEDISTANCE TO LEASE LINES

LOCATION TOTAL DEPTH

LEASE NAME WELL NUMBER

API NUMBER FORM W-1 RECEIVED COUNTY

Data Validation Time Stamp: Jun 15, 2011 5:45 PM( 'As Approved' Version )

515 WEST GREENS RD STE 1170HOUSTON, TX 77067

*

* SEE FIELD DISTRICT FOR REPORTING PURPOSES *

FIELD NAME ACRES DEPTH WELL # DIST LEASE NAME NEAREST LEASE NEAREST WE

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. City of San Angelo

Memo Date: July 8, 2011

To: Mayor and Councilmembers

From: Sandra J. Villarreal

Subject: Agenda Item for May 17, 2011 Council Meeting

Contact: Sandra Villarreal or Rick Weise

Caption: Regular Item

Introduction of an Ordinance amending the Code of Ordinances of the City of San Angelo, Texas by amending Chapter 2, Article 2.3800, Entitled, “Animal Shelter Advisory Committee”, Section 2.3803 Entitled “Composition”, of the Code of Ordinances of the City of San Angelo, Texas amending the residency requirements for voting Animal Shelter Advisory Committee members and providing for an exception for licensed veterinarians who maintain a physical location for their practice within the city from said requirements; and making related amendments to voting member provisions; providing for severability; and, providing for an effective date.

Summary/History: On May 17, 2011, Council discussed a proposed staff presentation and recommendation of residency requirements of Animal Shelter Advisory Committee members. Upon discussion, council approved the changes to the ordinance, to require voting members be residents of the City of San Angelo, and providing veterinarians a residency exception if the licensed veterinarian maintains a physical location for their practice within the city limits.

On December 7, 2010, Council adopted an Ordinance amending and replacing Chapter 2, Article 2.3800 “Animal Services Board” with a New Article 2.3800, entitled “Animal Shelter Advisory Committee”.

On review, the adopted Article inadvertently does not contain a City of San Angelo residency clause for the members of the Animal Shelter Advisory Committee. The original Chapter 2, Article 2.3800, Sec. 2.3801, clearly states “All members shall be residents of the City of San Angelo”. The newly adopted ordinance mentions City of San Angelo residency for only two (2) of the seven (7) voting members: Sec. 2.3803 Composition, (A) Voting Members, specifies two (2) individuals who are residents of the City of San Angelo who are not affiliated with, members of, or associated with an animal organization.

It is the intent that Voting Members of the Animal Shelter Advisory Committee be Residents of the City of San Angelo since they recommend and make suggestions on Ordinances applicable to the City of San Angelo.

Licensed Veterinarians serving on the Advisory Committee may be allowed to reside outside the City of San Angelo corporate limits, only if they maintain a physical location for their practice within the corporate limits of the City.

Page 45: City Council July 12, 2011 Agenda Packet

Financial Impact: None

Related Vision Item

(if applicable):

Neighborhood Vision

Other Information/ Recommendation:

Staff recommends . . .Approval

Attachments: Original Article 2.3800, Animal Services Board, Sec. 2.3801, Created; Members; Terms, (for Historical Reference) Article 2.3800 Animal Shelter Advisory Committee (Adopted 12/7/10) Copy of Ordinance Amendment Article 2.3800, Animal Shelter Advisory Committee (showing proposed changes made)

Presentation: Powerpoint

Publication:

Reviewed by Director:

Rick Weise

Approved by Legal:

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AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BY AMENDING CHAPTER 2, ARTICLE 2.3800, ENTITLED “ANIMAL SHELTER ADVISORY COMMITTEE”, SECTION 2.3803 ENTITLED “COMPOSITION”, OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS AMENDING THE RESIDENCY REQUIREMENTS FOR VOTING ANIMAL SHELTER ADVISORY COMMITTEE MEMBERS AND PROVIDING FOR AN EXCEPTION FOR LICENSED VETERINARIANS WHO MAINTAIN A PHYSICAL LOCATION FOR THEIR PRACTICE WITHIN THE CITY FROM SAID RESIDENCY REQUIREMENTS; AND MAKING RELATED AMENDMENTS TO VOTING MEMBER PROVISIONS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE.

ARTICLE 2.3800 ANIMAL SHELTER ADVISORY COMMITTEE

Sec. 2.3801 Authority

In accordance with the authority granted under V.T.C.A., Health & Safety Code § 823, “Animal Shelter,” the governing body of a municipality in which an animal shelter is located shall appoint an advisory committee to assist such shelter in complying with the requirements of this article.

Sec. 2.3802 Purpose The purpose of the Animal Shelter Advisory Committee shall be to assist the City of San Angelo Animal Shelter in complying with the standards and requirements for the operation of animal shelters under state and local law, including standards and requirements for housing and sanitation, animal control officer training under Chapter 829, veterinarians, records and inspections, impoundment, rabies control, quarantine and adoption, and including providing recommendations related to the authority of the committee hereunder to City Council.

Sec. 2.3803 Composition

The Animal Shelter Advisory Committee shall be appointed by City Council and shall be composed of ten (10) members, seven (7) of whom shall be voting members and three (3) of whom shall be non-voting members, as follows. All voting members are required to be residents of the city; however, licensed veterinarians who maintain a physical location for their practice within the corporate limits of the city are excepted from the aforesaid residency requirement.

(A) Voting Members

• two (2) licensed veterinarians preferred, • one (1) individual who owns, operates, is employed by or in a business related to the

production, sale, distribution or care of animals or livestock • two (2) individuals who represent an animal welfare organization

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• two (2) individuals who are not affiliated with, members of, or associated with an animal organization

(B) Non-Voting Members

• one (1) Municipal Official, who shall be the Health Services Manager of the City of San Angelo

• one (1) individual whose duties include the daily operation of the animal shelter and who shall be the Animal Services Manager of the City of San Angelo

• one (1) County Elected Official

Sec. 2.3804 Term

The term of office for the Health Services Manager of the City of San Angelo and the Animal Services Manager of the City of San Angelo shall serve an indefinite term until their successor is duly appointed and qualified. All voting members of the committee shall serve a term of two (2) years, or until a successor is appointed and qualified. However, to provide for staggered terms for the committee members appointed, one member position serving as veterinarian and one member position serving as a representative from an animal welfare organization, and one member who is not affiliated with, a member of, or associated with an animal organization shall be appointed for a three (3) year term, their successors thereafter to be appointed for a two (2) year term. In no event shall the voting members serve more than two (2) consecutive terms. The committee member’s two (2) year term shall coincide with their city councilperson’s two (2) year term.

Sec. 2.3805 Removal and Vacancy

Members of the Animal Shelter Advisory Committee may be removed for good cause by city council. City council shall appoint a suitable person to serve the remaining term of a committee member whose place becomes vacant for any reason. Appointees shall serve until the city council designates a replacement.

Sec. 2.3806 Election of Officers

The Animal Shelter Advisory Committee shall elect a chairperson and a vice-chairperson from its membership for terms to be determined by the advisory committee. The chairperson shall appoint subcommittees to hear evidence or for any other purpose as deemed necessary by the Animal Shelter Advisory Committee in order to execute more effectively its duties and responsibilities.

Sec. 2.3807 Meetings

The Animal Shelter Advisory Committee shall meet a minimum of four (4) times a year at a time and place to be determined by the chairperson of the committee, provided that if a quorum is not present at any regularly scheduled meeting, the chairperson shall call a special meeting within seven (7) days of the regular meeting in order to transact said business with minimum delay, and

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said chairman shall continue to call special meetings until a quorum is present. Meetings of the Animal Shelter Advisory Committee shall be conducted in compliance with the Texas Open Meetings Act. The Chairperson may call a special meeting to conduct business outside of the regularly scheduled meeting as needed.

Sec. 2.3808 Quorum

A quorum shall consist of a simple majority of the members of the committee.

Sec. 2.3809 Rules, Regulations and By-Laws

The Animal Shelter Advisory Committee shall have the power to make rules, regulations and by-laws for its own government in conformity with the laws of the State of Texas; all of said rules, regulations and by-laws shall be approved by the city council.

Sec. 2.3810 Compensation

Members of the Animal Shelter Advisory Committee shall serve without compensation.

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

SEVERABILITY: That the terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance. 3) THAT, this Ordinance shall be effective on, from and after the date of adoption. INTRODUCED on the 28th day of June, 2011, and finally PASSED, APPROVED and

ADOPTED on this the 12th day of July, 2011.

CITY OF SAN ANGELO

ATTEST: Alvin New, Mayor _______________________ Alicia Ramirez, City Clerk Approved as to content: Approved as to form: Sandra Villarreal Lysia H. Bowling Health Services Manager City Attorney

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6/1/2011

1

City CouncilJune 7, 2011

Animal ServicesHISTORY:

• May 17, 2011 – Council discussed Residency Requirements of ASAC as presented by staff who Requirements of ASAC as presented by staff, who sought direction from Council. Council approved recommendations.

• Dec. 7, 2010 – Council adopted new Article 2.3800, Animal Shelter Advisory Committee (ASAC)• New Article inadvertently does not contain a City of • New Article – inadvertently does not contain a City of

San Angelo Residency Clause for the members of ASAC. (only for two (2) of the seven (7) members)

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6/1/2011

2

Animal ServicesPROPOSAL (presented on May 17, 2011)

ASAC b b id t f th Cit f S A l • ASAC members be residents of the City of San Angelo (they recommend and make suggestions on Ordinances applicable to the City)

• Professional Veterinarians serving on ASAC may be ll d t id t id it li it l if th allowed to reside outside city limits, only if they

operate a veterinary hospital or clinic inside the city limits

Animal ServicesSection 2.3803 Composition

The Animal Shelter Advisory Committee shall be appointed by City Council and shall be composed of appointed by City Council and shall be composed of ten (10) members, seven (7) of whom shall be voting members and three (3) of whom shall be non-voting members, as follows. All voting members are required to be residents of the city; however, licensed veterinarians who maintain a physical location for their p ypractice within the corporate limits of the city are excepted from the aforesaid residency requirements.

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6/1/2011

3

Animal Services(A) Voting Members

• Two (2) licensed veterinarians preferred,

O (1) i di id l h t i l d b • One (1) individual who owns, operates, is employed by or in a business related to the production, sale, distribution or care of animals or livestock,

• Two (2) individuals who represent an animal welfare organization

T (2) i di id l h t ffili t d ith • Two (2) individuals who are not affiliated with, members of, or associated with an animal organization

Animal Services(B) Non-Voting Members

• One (1) Municipal Official, who shall be the Health Services Manager of the City of San AngeloServices Manager of the City of San Angelo

• One (1) individual whose duties include the daily operation of the animal shelter and who shall be the Animal Services manager of the City of San Angelo

• One (1) County Elected Official

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1

City of San Angelo

Memorandum Date: May 9, 2011

To: Mayor and Councilmembers

From: Carl White, Parks and Recreation Director

Subject: Agenda Item for June 7, 2011 Council Meeting

Caption: Regular Agenda Item

First public hearing and introduction of an Ordinance amending Article 5.100, Alcoholic Beverages Regulations and deleting Section 8.119, Unlawful to Carry Alcoholic Beverages of the City of San Angelo Code of Ordinances as related to the Texas Bank Sports Complex and the 29th Street Recreation Area ________________________________________________________________________ Summary: The City Council approved on January 19, 2010, a policy that allows for the sale of alcohol by the City’s Concessionaire during adult tournaments and permitted special events. In addition, this policy prohibits the consumption of alcohol during any youth league and youth tournament play at the Texas Bank Sports Complex. This policy mirrors that adopted by the Recreation Advisory Board in June of 2009. City staff sought City Council’s direction on a revision to the Code of Ordinance as it applies to the sale and consumption at the Texas Bank Sports Complex and Rio Concho Community Park at the meeting on February 15, 2011. The proposed revision is based on this discussion. The proposed ordinance would clarify that alcohol would not be permitted for sale or consumption inside the fenced in quadrangles (quads 1, 2, 3, and 4) except during permitted special events or tournaments. Such permits would not be authorized during any organized youth activities at the Texas Bank Sports Complex. In addition, consumption of alcohol during any youth league or youth tournament play would be prohibited at the Texas Bank Sports Complex. Attached is a copy of the current ordinance, Article 5.100, Alcoholic Beverages Regulations. The proposed revisions would include a deletion of Sec. 8.119, Unlawful to Carry Alcoholic Beverages into the 29th Street Recreation Area or the Rio Concho Sports Complex, dated 1959. For all intents and purposes, this ordinance is obsolete since neither of these sports complexes exist, having been replaced by the new Texas Bank Sports Complex and Rio Concho Community Park.

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2

History: • June 2009, the Recreation Advisory Board approved policies related to the sale and

consumption of alcohol at the sports complex. • August 1, 2009, the sports complex opened. • August 18, 2009, City Council discussion regarding the sale and consumption of alcohol

at the sports complex. • January 19, 2010, City Council discussion regarding the sale and consumption of

alcohol at the Texas Bank Sports Complex. City Council adopts policy to allow for the sale of alcohol by the City’s Concessionaire during adult tournaments and permitted special events except during any youth league or tournament play.

• February 15, 2011, City Council discussion regarding possible revisions to the Code of Ordinances.

Financial Impact: none anticipated. Other Information/Recommendation: Staff recommends approval of the proposed revisions to the Code of Ordinance, Article 5.100, Alcoholic Beverages Regulations. Attachments: Copy of the minutes from the February 15, 2011 City Council meeting, a copy of the current Code of Ordinance, Article 5.100, Alcoholic Beverages Regulations and a copy of the proposed revised Ordinance. Presentation: Verbal and PowerPoint presentation Publication: N/A Reviewed by Assistant City Manager: Rick Weise, City Manager’s Office, May 20, 2011

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Excerpt of the February 15, 2011 City Council minutes: CONSIDERATION OF MATTERS RELATED TO THE CITY CODE OF ORDINANCES, ARTICLE 5.100, ALCOHOLIC BEVERAGES REGULATIONS, AS IT PERTAINS TO THE TEXAS BANK SPORTS COMPLEX AND RIO CONCHO COMMUNITY PARK Parks and Recreation Director Carl White presented background information. A copy of the presentation is part of the Permanent Supplemental Record. Motion, to accept changes as proposed by staff, was made by Councilmember Alexander and seconded by Councilmember Hirschfeld. Chief Vasquez expressed his concern of providing sufficient police response and coverage with associated calls should such an alcohol restriction be placed on the park. Councilmember Alexander withdrew his motion, Councilmember Hirschfeld his second. Motion, to approve, as presented by staff, with the removal of the Rio Concho Community Park, was made by Councilmember Alexander and seconded by Councilmember Hirschfeld. Public comment was made by Recreation Board Chairperson John Alexander. Mayor New noted since the item was to give direction to staff in how to proceed with the presented points, he

noted that a motion was not necessary. Therefore, the motion was withdrawn.

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Existing Ordinances Related to Alcohol ARTICLE 5.100 ALCOHOLIC BEVERAGES REGULATIONS*

Sec. 5.101 Definition

The terms "alcoholic beverage," "liquor," "beer" and "wine and vinous liquor" as used in this article have the same meanings as the definitions provided in the Texas Alcoholic Beverage Code, Section 1.04, Tex. Codes Ann. (1959 Code of Ordinances, Sec. 5-2-1)

Sec. 5.102 License Required

It shall be unlawful for any person to manufacture or brew any alcoholic beverage, liquor, beer or wine and vinous liquor for the purpose of sale, or to import into this city, or to distribute, or to sell any alcoholic beverage, liquor, beer, or wine and vinous liquor for the purpose of sale within this city without having first obtained the appropriate license from the finance director as herein provided, which license shall at all times be displayed in some conspicuous place within the licensed place of business. (1959 Code of Ordinances, Sec. 5-2-2)

Sec. 5.103 License Fees

The finance director is authorized to collect a license fee of one half the state permit fee for each license issued for premises within the city. (1959 Code of Ordinances, Sec. 5-2-3)

Sec. 5.104 Prohibited Licenses*

No license authorizing the sale of any alcoholic beverage, liquor beer or wine and vinous liquor shall be issued to any dealer where the place of business of any such dealer is within the corporate limits of the city and is within three hundred feet (300') of any tax supported elementary or secondary public school. The measurement of the distance between the place of business where alcoholic beverages are sold and the public school shall be in a direct line from the property line of the public school to the property line of the place of business, and in a direct line across intersections. Provided, that this section shall not apply to any dealer whose place of business is within three hundred feet (300') of any tax-supported elementary or secondary public school as of the date of the adoption of this article, or to any of their successors. (Ordinance adopted 5/2/00)

Sec. 5.105 Term of License

Any license issued under the terms of this article shall be for one year and shall be nontransferable, provided, that if the city license of any dealer who is engaged in the sale of beer and of other alcoholic beverages at the time of the adoption of this article does not expire on the same day as the state and county period as to make the city license terminate on the same day as the state and county licenses, and in this event only the proportionate part of the fee levied for such license shall be collected. The fractional part of any month remaining shall be counted as one month in calculation of the fee that shall be due. (1959 Code of Ordinances, Sec. 5-2-5)

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Sec. 5.106 Hours of Sale*

No person who may engage in the sale of beer or other alcoholic beverages within the corporate limits of the city shall offer for sale or sell any beer other alcoholic beverages within the corporate limits of the city on Sunday between the hours of two o'clock (2:00) a.m. and twelve o'clock (12:00) noon and on all other days at any time between the hours of two o'clock (2:00) a.m. and seven (7:00) a.m. (1959 Code of Ordinances, Sec. 5-2-6)

Sec. 5.107 Reserved Sec. 5.108 Proof of Violation

Proof of the consumption of beer or other alcoholic beverages between the hours of two fifteen o'clock (2:15) a.m. and twelve o'clock (12:00) p.m. the following on Sundays or between the hours of two o'clock (2:00) a.m. and seven o'clock (7:00) a.m. the following on any other day of the week in the sale of beer or other alcoholic beverage in the city shall be prima facie evidence that beer or other alcoholic beverages have been sold by such person in violation of this article. (1959 Code of Ordinances, Sec. 5-2-8)

Sec. 5.109 Revocation

The city council is hereby authorized and empowered to revoke the license of any person engaged in the business or occupation on selling, distributing or disposing of beer or other alcoholic beverages after giving such person ten (10) days notice of a hearing and after holding such hearing for the purpose of determining whether or not such license should be revoked, provided however, that such power of revocation shall be exercised under the following conditions:

(1) When disorderly or immoral practices are permitted on the premises.

(2) Where such person sells or offers for sale any beer or other alcoholic beverages in violation of the terms of this article or of the Texas Alcoholic Beverage Code, or consumes or permits any other person to consume beer or other alcoholic beverages on the premises in violation of the terms of this article or of the Texas Alcoholic Beverage Code.

(1959 Code of Ordinances, Sec. 5-2-9)

Sec. 5.110 Penalty

Any person who violates any provision 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 (Ordinance adopted 5/2/00)

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Sec. 8.119 Unlawful to Carry Alcoholic Beverages into the 29th Street Recreation Area and Rio Concho Sports Complex

It shall be unlawful for any person, firm, company, organization or corporation to carry alcoholic beverages inside the fenced-in portion of the 29th Street Recreation Area or the Rio Concho Sports Complex. (1959 Code of Ordinances, Sec. 6-1-25)

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AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BY AMENDING CHAPTER 8, OFFENSES AND NUISANCES, ARTICLE 8.100, GENERAL OFFENSES, BY REPEALING SECTION 8.119, ENTITLED UNLAWFUL TO CARRY ALCOHOLIC BEVERAGES INTO THE 29TH STREET RECREATION AREA; AMENDING CHAPTER 5, BUSINESS AND COMMERCE, ARTICLE 5.100, ALCOHOLIC BEVERAGES REGULATIONS, BY ADDING SECTION 5.107 ENTITLED, ALCOHOLIC BEVERAGES IN THE TEXAS BANK SPORTS COMPLEX (RIO CONCHO SPORTS COMPLEX), RESTRICTING ALCOHOL IN THE TEXAS BANK SPORTS COMPLEX; PROVIDING FOR PERMITS AUTHORIZING ALCOHOL FOR SPECIFIC EVENTS ON CONDITIONS STATED IN THE TEXAS BANK SPORTS COMPLEX; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, It is the intent of the City Council to protect the public health, safety and welfare; and, WHEREAS, municipalities may, under their police powers, enact reasonable regulations not in conflict with state law that promote the health, safety and welfare of citizens; and, WHEREAS, the Texas Alcoholic Beverage Code generally governs the regulation of alcoholic beverages, but the municipality may control City facilities and premises; and, WHEREAS, the City Council approved a policy to allow the sale of alcoholic beverages by the City’s Concessionaire at the Texas Bank Sports Complex during adult tournaments and permitted special events only when no youth league or youth tournament play is occurring in the complex: BE IT ORDAINED BY THE CITY OF SAN ANGELO: Section 1) THAT, Section 8.119, entitled “Unlawful to Carry Alcoholic Beverages into the 29th Street Recreation Area Rio Concho Sports Complex”, of Article 8.100, General Offenses, of Chapter 8, Offenses & Nuisances, of the Code of Ordinances of the City of San Angelo, Texas is hereby repealed:

Section 2) That, Chapter 5, Business and Commerce, Article 5.100, Alcoholic Beverages Regulations, of the Code of Ordinances of the City of San Angelo is amended by adding Section 5.107 to read as follows:

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Sec. 5.107 Alcohol in the Texas Bank Sports Complex (Rio Concho Sports Complex) (a) It shall be unlawful for any person, firm, company, organization or corporation to

sell, consume or possess, or to permit or to promote the selling, consuming or possessing, of any alcoholic beverage within or upon the fenced in areas of the quadrangles of the Texas Bank Sports Complex, San Angelo, Tom Green County, Texas.

(b) It shall be an affirmative defense to the prohibition of this Section, that a person,

firm, company, organization or corporation secured a permit, contract, lease or other form of written permission from the Parks and Recreation Department permitting utilization of the City’s concessionaire for the selling, promoting, consuming or possessing of alcoholic beverages for a specific event within one or more designated quadrangles of the Texas Bank Sports Complex and that the sale, promotion consumption or possession of alcohol occurred at the time of the specific event and within such quadrangle or quadrangles as described in the permit, contract, lease or other form of written permission from the Parks and Recreation Department. The permit, contract, lease or other form of written permission from the Parks and Recreation Department shall be limited to specific events, on specific dates, for specified hours and within one or more specific quadrangles of the Texas Bank Sports Complex; and shall be conditioned upon compliance with the Texas Alcohol Beverage Code and applicable municipal ordinances.

(c) The Parks and Recreation Department for the City of San Angelo shall adopt a policy

and regulations, and a form for application for permit, contract, lease or other form of written permission authorizing utilization of the City’s concessionaire for the sale, consumption or possession of alcoholic beverages within the quadrangles of the Texas Bank Sports Complex for specific events during adult tournaments and permitted special events only when no youth league or youth tournament play is occurring.

(d) The premises of the Texas Bank Sports Complex quadrangles include the fields,

spectator areas and concession areas within each fenced in quadrangle, located within the area bound on the East by the East Angelo Draw; on the South by the North Concho River; on the West by Bell Street; and, on the North by St. Ann Street, San Angelo, Tom Green County, State of Texas.

Section 3) THAT the penalty provisions of Article 5.100 shall remain in full force and effect.

Section 4) THAT, the following severability clause is adopted with this amendment:

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, this Ordinance shall be effective on, from and after the date of adoption. INTRODUCED on the ______ day of _______________, 2011, and finally PASSED,

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APPROVED and ADOPTED on this the _____ day of _______________2011.

THE CITY OF SAN ANGELO, TEXAS

Alvin New, Mayor

Attest: Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: Carl White Lysia H. Bowling Parks and Recreation Director City Attorney

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City Council MeetingJune 7, 2011

Texas Bank Sports ComplexCurrent policy regarding alcohol sales and consumption at the complex:

• Sales allowed only by the City’s Concessionaire, San Angelo Host, during adult tournaments and permitted special events.

• Consumption of alcohol prohibited during any youth league and tournament play.g p y

City staff recommends the policy be formalized and adopted as ordinance and placed in Article 5.100, Alcoholic Beverages Regulations.

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Texas Bank Sports ComplexThe proposed ordinance would clarify:

• that alcohol would not be permitted for sale or that alcohol would not be permitted for sale or consumption inside the fenced in quadrangles (quads 1, 2, 3, and 4) except during permitted special events or tournaments.

• Such permits would not be authorized during any organized youth activities at the Texas Bank Sports g y pComplex.

• In addition, consumption of alcohol during any youth league or youth tournament play would be prohibited at the Texas Bank Sports Complex.

Texas Bank Sports Complex• The proposed revisions would include a deletion of

Sec. 8.119, Unlawful to Carry Alcoholic Beverages into the 29th Street Recreation Area or the Rio Concho the 29 Street Recreation Area or the Rio Concho Sports Complex, dated 1959. This ordinance is obsolete since neither of these sports complexes exist, having been replaced by the new Texas Bank Sports Complex and Rio Concho Community Park.

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City of San Angelo

Memo Date: July 8, 2011

To: Mayor and Councilmembers

From: Clinton Bailey, City Engineer

Subject: Agenda Item for July 5, 2011 Council Meeting

Contact: Clinton Bailey, 657-4203

Caption: Regular Agenda

Presentation and Discussion of the U.S Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices

Summary: The Manual on Uniform Traffic Control Devices (MUTCD) is a document issued by the Federal Highway Administration (FHWA) of the United States Department of Transportation (USDOT) to specify the standards by which traffic signs, road surface markings, and signals are designed, installed, and used. These specifications include the shapes, colors, and fonts used in road markings and signs. In the United States, all traffic control devices must generally conform to these standards. The manual is used by state and local agencies as well as private construction firms to ensure that the traffic control devices they use conform to the national standard. While some state agencies have developed their own sets of standards, including their own MUTCDs, these must substantially conform to the federal MUTCD.

The National Committee on Uniform Traffic Control Devices (NCUTCD) advises the FHWA on additions, revisions, and changes to the MUTCD.

The City of San Angelo Code of Ordinances requires that all mechanical and non-mechanical traffic control devices installed within the City be warranted as provided in the MUTCD. Mechanical and non-mechanical traffic control devices include but are not limited to signs, pavement markings, traffic signals, temporary traffic control devices (barricades), traffic controls for school areas, traffic controls for highway-rail grade crossings and traffic controls for bicycle facilities.

History: This item was requested by Elizabeth Grindstaff, Assistant City Manager

Financial Impact: n/a

Related Vision Item

(if applicable):

n/a

Other Information/ Recommendation:

n/a

Attachments: None

Presentation: City Staff and PowerPoint

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Publication: n/a

Reviewed by Director:

Shawn Lewis, July 5, 2011

Approved by Legal: n/a

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City CouncilJuly 12, 2011

Manual on Uniform Traffic Control Devices• Overview

• The Manual on Uniform Traffic Control Devices (MUTCD) ensures uniformity of traffic control devices (MUTCD) ensures uniformity of traffic control devices across the nation

• Evolution of the MUTCD• 1905: Car clubs in New York and California place sign

posts along early roadwaysposts along early roadways

• 1920’s: Representatives from Wisconsin, Minnesota and Indiana tour several states and develop basis for uniform signs

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Manual on Uniform Traffic Control Devices• 1924: American Association of State Highway

Officials (AASHTO) issue report on standard sign shapes and colorsshapes and colors

• 1935: First MUTCD published

• 2009: Latest revision

• The MUTCD is adopted by reference in accordance with title 23, United States Code, Section 109(d) and Part 655 603Part 655.603

Manual on Uniform Traffic Control Devices• Who Uses the MUTCD

• State DOT’s and local transportation planners and engineers are required by law to follow MUTCD engineers are required by law to follow MUTCD guidelines

• MUTCD and COSA Ordinances• Authority to Designate Locations for Traffic Control

DevicesDevices• Automatic, Semiautomatic, non-mechanical

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Manual on Uniform Traffic Control Devices• Authority for Placement - Professional Engineer

• Engineering Judgment—the evaluation of available pertinent information, and the application of

i t i i l i i d ti appropriate principles, provisions, and practices as contained in this Manual and other sources, for the purpose of deciding upon the applicability, design, operation, or installation of a traffic control device. Engineering judgment shall be exercised by an engineer, or by an individual working under the supervision of an engineer, through the application p g , g ppof procedures and criteria established by the engineer. Documentation of engineering judgment is not required.

• Authority for Placement - Professional Engineer• Engineering Study—the comprehensive analysis

and evaluation of available pertinent information, d th li ti f i t i i l and the application of appropriate principles,

provisions, and practices as contained in this Manual and other sources, for the purpose of deciding upon the applicability, design, operation, or installation of a traffic control device. An engineering study shall be performed by an engineer, or by an individual working under the g , y gsupervision of an engineer, through the application of procedures and criteria established by the engineer. An engineering study shall be documented.

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City of San Angelo

Memo Date: July 12, 2011

To: Mayor and City Council members From: AJ Fawver, Planning Manager

Subject: Discussion and possible action regarding thoroughfares where off-

site signage is allowed Contacts: AJ Fawver, Planning Manager 657-4210 Shawn Lewis, Director of Community & Economic Development

Captions: Discussion and possible action regarding Section 12.605 of the Sign Ordinance regarding off-site regulations for CG and CG/CH zoning districts that specify corridors where such signage is allowed. Summary: At the request of Council member Alexander, this item is being

brought to the Council for its consideration and discussion. This regulation was most recently used in a sign variance request (SV 11-02), heard at the May 17th meeting.

History and Background: San Angelo’s Sign Regulations define both on-site and off-site signs. On-site signs are those which identify the owner or occupant of the location. Any other signs which do not are considered off-site signs. Billboard signs are one type of off-site signage; they advertise goods, services, and businesses which are not on the same parcel. Section 12.605 contains all regulations for off-site signage. They are allowed by right in the following zoning classifications:

Heavy Commercial (CH); Office Warehouse (OW); Light Manufacturing (ML); and Heavy Manufacturing (MH).

In other words, these signs are allowed along any street or thoroughfare, so long as the parcel is zoned accordingly.

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On the other hand, off-site signs are not allowed by right in CG and CG/CH zoning districts. Instead, they are only allowed under specific thoroughfares as outlined in Section 12.605:

North Bryant Boulevard, from West 14th Street north to City limits; North Chadbourne Street, from 37th Street north to City limits; Pulliam Street, from North Bell Street east to City limits; South Chadbourne Street, from Avenue N south to City limits; Loop 306 from Sherwood Way east to City limits; Sherwood Way, from Clare Drive southwest to City limits; and Arden Road, from Sherwood Way west to City limits.

Analysis: Unlike the 250+ Texas cities that ban construction of additional billboards, City staff is not asking for any new regulations that limit billboard construction; rather, staff only urges Council to maintain the minimal regulations currently in place regarding the placement of billboards outside the central part of the city. The current regulation allows billboards on all major and minor arterial roads coming into the city, but preserves the central part of the City to limit billboard signage. Homeowner Rights

It is important to understand potential impacts of off-site signage on surrounding properties; especially when considering the increasing trend towards electronic signage. CG and CG/CH zoning districts in San Angelo often abut residential neighborhoods, and as such, caution should be used in determining where such signage may or may not be appropriate. The fact that San Angelo’s sign ordinance allows off-site signs in certain areas tells us two important historical facts: (1) as a city, there has been a general consensus that such signage is not appropriate everywhere, and (2) as a city, there has been a general consensus that zoning districts with lower intensities should be protected from these signs.

Preserving Central San Angelo

The past analysis that guided the identification of corridors where off-site signs are allowed in CG and CG/CH districts is evident when viewed on a map such as that shown.

Corridors coming into the city where billboards are allowed

City Limits

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As you can see, as these corridors approach the center of our city, they terminate. The center of our city includes our historic districts and the heart of the river corridor. It is important to consider that guidelines for downtown grants, preservation standards, and the master plan for the river corridor prohibit or discourage billboards including electronic billboards. The master plan for the river corridor also places a premium on views of the night sky, going so far as to call for elimination of light pollution.

Preserving Quality of Life and San Angelo’s Tourism Industry

Again, staff is not advocating for any new regulations on billboards or other off-site signs, staff only urges the Council to maintain the limited regulations that currently exist the prohibit billboards in central San Angelo. Besides the lake and State Park, the bulk of San Angelo’s aesthetic and tourism assets are located in the central part of the city. Limitations on billboards have been proven repeatedly to enhance residents’ perception that their community is a quality community and increase the perception of tourists that the community they are visiting is a quality destination. Accordingly, more than 250 cities in Texas and four states with major tourism industries have banned billboards completely. States with a total ban on billboards:

Alaska - State referendum passed in 1998 prohibits billboards Vermont - Removed all billboards in 1970s Hawaii - Removed all billboards in 1920s Maine - Removed all billboards in 1970s and early 80s

Public views on billboards:

79% of Texans agree that there should be no more billboards on Texas highways

81% of Houstonians favor their existing ordinance banning new billboard construction

69% of Missourians believe that fewer billboards would make their state more attractive to tourists

By a 10 to 1 margin, Floridians prefer reducing the number of billboards 64% of the citizens in New Hampshire oppose to billboard advertising on highways

A five-year study of 35 cities by the Mississippi Research and Development Center concluded, "The way a community looks affects how both residents and visitors feel about it. An attractive community has a better chance at industry, including tourism."

Michigan residents favor a ban on new billboard construction by a 60%-32% margin; moreover, more than 90% of Michigan residents believe the state has too many billboards or the right amount of billboards

In Missouri, the margin of opposition to new billboard construction is 78% to 15%.

Studies include: Texas Environmental Survey, Stephen Klineberg, PhD., Rice University Survey; "Assessing Public Opinion Regarding Billboards in the Houston Area," for Scenic Houston, by Telesurveys Research Associates, August, 1996; "Survey on Outdoor Advertising," for Florida House of Representatives, Transportation Committee, by Institute for Public Opinion Research,

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Florida International University, October, 1995; "Public Attitudes Toward Billboards in New Hampshire," for New Hampshire Dept. Of Transportation, by University of New Hampshire, July, 1994; EPIC MRA September, 1997 Survey, questions commissioned by Michigan United Conservation Clubs "Statewide Public Opinion Poll on Billboards," for Scenic Missouri, by E. Terrance Jones November, 1994;

Recommendation: City staff recommends no action be taken to weaken existing off-site signage guidelines

Financial Impact: N/A

Notification: N/A Presentation: Council Member Alexander/AJ Fawver, Planning Manager

Publication: N/A

Reviewed by: Shawn Lewis, Director of Community & Eco. Development

Page 77: City Council July 12, 2011 Agenda Packet

City of San Angelo

Memo Meeting Date: July 11, 2011

To: Mayor and City Council

From: AJ Fawver, Planning Manager

Subjects: SU 11-01, a request from Apostolic House of Worship for approval of a

Special Use to allow a day care on the site of a religious institution (church) existing on the subject property

Location: 1202 Preusser Street at northeast corner of Florence and Preusser

Streets in east central San Angelo, specifically on the south 50 feet of Lots 7 and 8 as well as all of Lots 9, 10 and 11 in Block 2 of Sheppard’s Addition to San Angelo

Contacts: Tim Wood, from Apostolic House of Worship 895-1477

AJ Fawver, Planning Manager 657-4210

Summary: The Apostolic House of Worship is seeking permission to undertake a day care operation at their church’s existing location in a Single-Family Residence (RS-1) zoning district. Day care centers are not generally allowed in RS-1, RS-2 or RS-3 zoning districts of San Angelo. Day care centers are allowed in these residential zoning districts only with City Council’s approval of a Special Use for such facilities. Furthermore, any such Special Use may be approved only where it is shown that such special use can provide an effective transition between more restrictive and less restrictive zoning districts.

As its name implies, a Special Use is a legislative act to allow some particular proposed activity at a location in a zoning district where it otherwise would be prohibited. Like any change to the official zoning map, approval of a Special Use requires action by San Angelo’s City Council, after a hearing and recommendation by the Planning Commission. In doing so, the Planning Commission may:

(1) recommend approving the proposed Special Use as requested; or

(2) recommend approving the proposed Special Use subject to certain conditions intended, for example, to make it more compatible in its particular environment;

(3) recommend denying the requested Special Use; or

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(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.

Surrounding Zoning and Land Use:

North Single-Family Residence (RS-1) single-family residences

East Single-Family Residence (RS-1) single-family residences

South Single-Family Residence (RS-1) single-family residences

West Single-Family Residence (RS-1) and Two-Family Residence single-family residences

Background:

In its plans for a day care operation at this location, Apostolic House of Worship intends to construct no new buildings or additions to the existing building there. Instead, Apostolic House of Worship plans to use each of five full classrooms, a large nursery and kitchen already existing in the church building on this subject property.

At the May meeting of the Planning Commission, discussion revolved around concern of traffic management and the Commission voted to table the item for a maximum of three months to allow the proponent to come back to the Commission with a site plan illustrating how they intend to handle the traffic generated by the use. In June, then-Principal Planner Brad Stone was given such a graphic, which has been incorporated into this report.

Analysis and Recommendation:

As mentioned above, approving a Special Use is a legislative act to allow some particular proposed activity at a location in a zoning district where such activity would otherwise be prohibited by zoning regulations. Although potentially applicable to “any use deemed appropriate” in any zoning district, San Angelo’s Zoning Ordinance goes on to state that Special Uses should be restricted to circumstances “where such use can provide effective transition between less restrictive and more restrictive zoning districts.” For example, a Special Use for some limited nonresidential activity may be considered in a residential district along its boundary with a commercial district, providing a useful and effective transition between two otherwise incongruous environments. This is the general standard that must be met, in order for the requested Special Use (i.e., a day care) to be approved on the subject property in a Single-Family Residence District. In spite of the submitted traffic plan, staff’s recommendation remains unchanged. While it is true that the submitted plan provides some clarity for traffic movement, it still does not change the fact that, per the Zoning Ordinance, a Special Use must provide an effective transition between zoning districts. This property is located in a large swath of RS-1 zoning, and therefore, no transition is provided; thus, the standard is not met. However, one could contend that the proposed site plan helps, to some small degree, to minimize some of the traffic impacts.

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City staff recommends denying this requested Special Use for a day care in an RS-1 zoning district. Single-Family Residence zoning and, for the most part, single-family residential use surround the subject property on all four sides. Zoning Ordinance Subsection 209.H identifies still more criteria for the Planning Commission and City Council to use in deciding whether to approve a requested Special Use, including:

Impacts Minimized. Whether and the extent to which the proposed Special Use minimizes adverse effects on adjacent properties.

Compatible with Surrounding Area. Whether and the extent to which the proposed Special Use is compatible with existing and anticipated uses surrounding the subject property.

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.

Community Need. Whether and the extent to which the proposed Special Use addresses a demonstrated community need.

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

City staff contends these criteria generally suggest the proposed day care at this location should be denied, since it may result in adverse impacts on nearby properties, especially in terms of traffic circulation. A day care center, especially if operated 5 days each week, is likely to result in some noticeable traffic increase on nearby streets during the early morning and late afternoon, which could lead to recurrent congestion as stated in the item above titled “Traffic Circulation”. This impact alone may have ill effects on the comfort and value of nearby homes. Even if current homeowners don’t anticipate negative effects, they may still happen; if approved, this Special Use will run with the property indefinitely. This impact, in the opinion of staff, renders it incompatible with the surrounding area (item 2 above). Lastly, the Zoning Ordinance further asserts the incompatibility of day care activity with residential use – this is clear given the relegation of such a use to commercial zoning districts and only those residential districts highest in density. If the Planning Commission is nonetheless inclined to approve this requested Special Use, commission members may want to consider requiring asphalt pavement of the existing gravel-surfaced parking area sandwiched between the existing church building and the west side boundary of this subject property, as a condition for approval. The site plan presented by the applicant can also be included, to add the condition that development match what is on the plan.

While City staff recommended denial based on the rationale described above, the Planning Commission recommended approval of the request by a 6-1 vote. They made this approval subject to two conditions: (1) that the site plan be adhered to, and (2) that the additional parking be provided as proposed on the site plan.

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Notification: Thirty-four (34) owners of nearby property were formally re-

notified of this application for Special Use approval. 7 were received in favor; and 1 was received in opposition, stating, “I have owned my

property in this area since 1976. We built our home at 1230 Preusser Street in that year. We are very satisfied with our neighbors and the neighborhood, just as it is!”

Attachments: excerpt from zoning map, highlighting subject property of requested Special Use;

aerial photo of same vicinity (as above-mentioned map) highlighting subject property of requested Special Use;

letter from Diane Ibarra of Apostolic House of Worship, outlining plans for operation of a day care at this location; graphic from Diane Ibarra of Apostolic House of Worship,

illustrating traffic management plans for a day care at this location;

map excerpt showing location of property for which notifications

were returned, using green as those in favor and red as those in opposition; and

draft minute excerpt from Planning Commission meeting of

June 20th.

Presentation: AJ Fawver, Planning Manager

Reviewed by: AJ Fawver, Planning Manager

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City of San Angelo

Memo Meeting Date: July 12, 2011

To: Mayor and Council members

From: AJ Fawver, Planning Manager

Subjects: SU 11-02, a request for approval of a Special Use to allow placement

of a “band stand” or “stage”, categorized in the Zoning Ordinance as a major entertainment event, on the subject property:

Location: a 1.722 acre tract located approximately 285’ west of the intersection of Old

Knickerbocker Road and South Bryant Boulevard in south central San Angelo, specifically the remainder of Tract C in the T.J.A.K. Addition to San Angelo

Contacts: Ray Zapata 212-3151

AJ Fawver, Planning Manager 657-4210

Summary: The applicant is seeking to obtain a Special Use that would allow him to place a “band stand” on the subject property, which currently serves as additional parking for Mejor Que Nada restaurant and also houses a small office building. The band stand is not proposed to be enclosed, and would be used for special events to be held on-site. As its name implies, a Special Use is a legislative act to allow some particular proposed activity at a location in a zoning district where it otherwise would be prohibited. Like any change to the official zoning map, approval of a Special Use requires action by San Angelo’s City Council, after a hearing and recommendation by the Planning Commission. In doing so, the Planning Commission may:

(1) recommend approving the proposed Special Use as requested; or

(2) recommend approving the proposed Special Use subject to certain conditions intended, for example, to make it more compatible in its particular environment;

(3) recommend denying 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.

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Surrounding Zoning and Land Use:

North General/Heavy Commercial (CG/CH) & retail (restaurants, auto part stores, Light Manufacturing (ML) car wash, gas station), residences

East General/Heavy Commercial (CG/CH), retail (restaurants, auto part store) General Commercial (CG), offices, residences Neighborhood Commercial (CN), Single-Family Residential (RS-1)

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

West Light Manufacturing (ML) car sales, DeCoty Coffee Co

Background:

The property owner desires to place a “band stand” on the site which would host periodic events of a cultural or musical nature, in association with the neighboring restaurant. This type of use is characterized in the Zoning Ordinance as an “entertainment event, major”. These activities are generally of a spectator nature and draw large numbers of people to specific events or shows. Outdoor amphitheaters, for example, fall into this category. Such a use is only allowed in an ML district with approval of a Special Use.

Analysis and Recommendation:

The area is unique in that it is surrounded by a variety of zoning classifications, from very light (RS-1) to very heavy (ML). The property is also near a major thoroughfare (Knickerbocker Rd) which was, in its infancy, was surrounded by many manufacturing uses but is gradually transitioning to a commercial corridor. Also nearby is South Bryant Boulevard, another major thoroughfare with extensive commercial development. Residential development in this area is isolated and dates back to the mid-1950’s, but is unlikely to continue based on the newer features and patterns of growth in the immediate vicinity. As mentioned above, approving a Special Use is a legislative act to allow some particular proposed activity at a location in a zoning district where such activity would otherwise be prohibited by zoning regulations. Although potentially applicable to “any use deemed appropriate” in any zoning district, San Angelo’s Zoning Ordinance goes on to state that Special Uses should be restricted to circumstances “where such use can provide effective transition between less restrictive and more restrictive zoning districts.” For example, a Special Use for some limited nonresidential activity may be considered in a residential district along its boundary with a commercial district, providing a useful and effective transition between two otherwise incongruous environments. This is the general standard that must be met, in order for the requested Special Use (i.e., a day care) to be approved on the subject property in a Single-Family Residence District. It

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does appear that this use would create a transition between a more restrictive zoning (ML) and less restrictive zoning (CG, CG/CH). Zoning Ordinance Subsection 209.H identifies still more criteria for the Planning Commission and City Council to use in deciding whether to approve a requested Special Use, including:

Impacts Minimized. Whether and the extent to which the proposed Special Use minimizes adverse effects on adjacent properties.

Compatible with Surrounding Area. Whether and the extent to which the proposed Special Use is compatible with existing and anticipated uses surrounding the subject property.

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.

Community Need. Whether and the extent to which the proposed Special Use addresses a demonstrated community need.

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

The proposed use is compatible, overall, with the surrounding properties. Additionally, because of the proximity to major thoroughfares, there appears to be no issue with traffic circulation. That said, the potential for adverse effects exists because of the introduction of noise to the environment. From experience, we know that even semi-enclosed areas generate noise that can carry for quite a distance. In this particular circumstance, the subject property is not even partially enclosed. However, San Angelo has separate ordinances to regulate noise generated by such an event, located in 8.101 and 9.109. Staff generally recommends approval of this request, subject to conditions outlined below:

(1) Events on this property can only be held between the hours of 7:00 am (as referenced in 8.101) and 10:30 pm (as referenced in 8.101) Sunday through Thursday;

(2) Events on this property can only be held between the hours of 7:00 am (as

referenced in 8.101) and 11:30 pm on Fridays and Saturdays; and (3) Speakers and lighting will be situated so as to minimize sound and light

directed at nearby residences.

At its June 30th meeting, the Planning Commission approved this request, subject to the following conditions:

(1) Events on this property can only be held between the hours of 7:00 am (as referenced in 8.101) and 11:00 pm (as referenced in 8.101) Sunday through Thursday unless administratively approved by staff;

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(2) Events on this property can only be held between the hours of 7:00 am (as referenced in 8.101) and 1 am on Fridays and Saturdays unless administratively approved by staff;

(3) Placement of a privacy fence meeting the standards of the Zoning Ordinance

along the northern boundary of the site; and (4) Speakers and lighting will be situated so as to minimize sound and light

directed at nearby residences.

Notification: Seven (7) owners of nearby property were formally notified of this application for Special Use approval.

0 notifications were returned in favor; and 1 notification was returned in opposition, stating that, “The

crowds & noise would not bother us but I would be concerned about security of all the equipment I have on my neighboring yard. We have lots of small and large equipment that could be damaged or stolen if the crowds contained “elements” that when drinking might decide to climb our fence & “play” on it. Our issue is security and that is the reason for our objection.”

Attachments: excerpt from zoning map, highlighting subject property of

requested Special Use;

aerial photo of same vicinity (as above-mentioned map) highlighting subject property of requested Special Use;

graphic from applicant showing proposal on the site; and draft minute excerpt from Planning Commission meeting of

June 20th.

Presentation: AJ Fawver, Planning Manager

Reviewed by: AJ Fawver, Planning Manager

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City of San Angelo

Memo Meeting Date: July 12, 2011

To: Mayor and City Council members

From: AJ Fawver, Planning Manager

Subjects: SU 11-03, a request for approval of a Special Use to allow a “bed and

breakfast” on the subject property:

Location: 3149 Red Bluff Rd E, approximately 385’ west of the intersection of Red Bluff Rd E and Red Bluff Rd W, in far southwest San Angelo, specifically on Lot 93 in Block 4 of the Red Bluff Group of the Lake Nasworthy Addition to San Angelo

Contacts: B.A. and Winkay Reed 942-6797

AJ Fawver, Planning Manager 657-4210

Summary: The applicant is seeking to obtain a Special Use that would allow them to use an accessory building (currently a “guest house”) as a bed and breakfast facility. As its name implies, a Special Use is a legislative act to allow some particular proposed activity at a location in a zoning district where it otherwise would be prohibited. Like any change to the official zoning map, approval of a Special Use requires action by San Angelo’s City Council, after a hearing and recommendation by the Planning Commission. In doing so, the Planning Commission may:

(1) recommend approving the proposed Special Use as requested; or

(2) recommend approving the proposed Special Use subject to certain conditions intended, for example, to make it more compatible in its particular environment;

(3) recommend denying 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.

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Surrounding Zoning and Land Use:

North Single-Family Residential (RS-1) residences

East Single-Family Residential (RS-1) residences

South Single-Family Residential (RS-1) residences, Lake Nasworthy

West Single-Family Residential (RS-1) residences

Background:

The property owner desires to convert their existing guest house into a bed and breakfast facility to rent out to customers wishing to visit for a short-term period. The attached site plan shows the guest house to be on the northernmost part of the lot, closest to right-of-way for Red Bluff East. The main residence is situated nearest the lake frontage of the lot. Bed and breakfasts uses are allowed by right in heavier commercial districts (CG, CG/CH, and CBD) and can be allowed with the Planning Commission’s approval of a Conditional Use in the CN, CO, OW, ML, and MH districts. For all residential zoning districts, except those intended for manufactured housing, such uses are only allowed with approval of a Special Use by the Planning Commission and City Council.

Analysis and Recommendation:

As described above, this area is completely surrounded by RS-1 zoning. The closest non-residential zoning is west approximately two blocks and is a moderate-sized Planned Development (PD) district. There is a small General Commercial (CG) zoning district located south of the property, but across that portion of Lake Nasworthy. As mentioned above, approving a Special Use is a legislative act to allow some particular proposed activity at a location in a zoning district where such activity would otherwise be prohibited by zoning regulations. Although potentially applicable to “any use deemed appropriate” in any zoning district, San Angelo’s Zoning Ordinance goes on to state that Special Uses should be restricted to circumstances “where such use can provide effective transition between less restrictive and more restrictive zoning districts.” As such, it seems inherently untrue that a Special Use approval at this location would provide a transition from more intensive zoning to less intensive zoning; in fact, without the presence of a zoning district boundary at or very near this property, no transition would occur whatsoever. Zoning Ordinance Subsection 209.H identifies still more criteria for the Planning Commission and City Council to use in deciding whether to approve a requested Special Use, including:

Impacts Minimized. Whether and the extent to which the proposed Special Use minimizes adverse effects on adjacent properties.

Compatible with Surrounding Area. Whether and the extent to which the proposed Special Use is compatible with existing and anticipated uses surrounding the subject property.

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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.

Community Need. Whether and the extent to which the proposed Special Use addresses a demonstrated community need.

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

To some extent, it could be argued that the potential exists for impacts on neighboring properties through traffic and noise, though this is a limited effect due to the limited size of the existing guest house facility; keep in mind, however, that the buildings as they exist today may not exist years from now, and additional construction is a possibility that could increase the number of guests. The bed and breakfast use should only be allowed at the most appropriate and most transitional locations, as evidenced by the Zoning Ordinance’s Use Table, which only allows such an activity to take place in any residential zoning area under a Special Use approval. City staff recommends denial of the request for Special Use at this location. The requested use would not provide any sort of transition from a more restrictive to a less restrictive zoning district. Impacts on adjacent properties are a real possibility and the request appears incompatible with the surrounding area. No community need is demonstrated. The Planning Commission unanimously recommended approval of this request. Staff is going to begin preparation and research of regulations for rentals in similar communities, and, perhaps, an amendment to the ordinance if so directed by the Planning Commission.

Notification: Nine (9) owners of nearby property were formally re-notified of

this application for Special Use approval. 0 notifications were returned in favor; and 0 notifications were returned in opposition.

Attachments: excerpt from zoning map, highlighting subject property of

requested Special Use;

aerial photo of same vicinity (as above-mentioned map) highlighting subject property of requested Special Use;

graphic from applicant showing proposal on the site; and draft minute excerpts from the June 20th meeting.

Presentation: AJ Fawver, Planning Manager

Reviewed by: AJ Fawver, Planning Manager

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City of San Angelo

Memo Dale: June 23, 2011

To: Mayor and Councilmembers

From: Will Wilde, Water Utilities Director

Subject: Agenda Item for June 28, 2011 Council Meeting

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

Caption: Consideration of a request from Quicksand Partners, Ltd. to purchase raw water from the City

Summary: Quicksand golf course currently utilizes water from the Concho River under a water right it owns to water its golf course. Due to the low flow in the Concho River, the Watermaster has restricted pumping from the Concho River by any water right holder.

Quicksand would like to continue to utilize its river water irrigation system and has requested the purchase of raw water from the City.

History: The Watermaster Program regulates all diversions of water from the rivers in the Concho River Basin. For water rights that don't have storage associated with them, commonly referred to as "Run of the River Rights", they can only use water when there is sufficient flow in the river for the Watermaster to allocate to the water right holder. The City's water rights on Twin Buttes and Nasworthy are storage rights and, once stored, the water can be used at any time in the future regardless of stream flow rates.

Financial Impact: City's standard raw water rate is $1.71 per 1,000 gallons.

Other InformationIRecommendation: The raw water that would be purchased would come from the City's stored water in Twin Buttes Reservoir. The water would be delivered to Quicksand by releasing through Nasworthy Dam, down the South Concho River and through Bell Street Lake into the main Concho River.

Quicksand has requested a maximum volume of 24 acre-feet per week for the period of June 28th to October 31 st

. Typically they anticipate using 12 acre-feet per week and have requested the maximum of 24 acre-feet to account for evaporation and channel losses.

Release rates for the water would be measured at Nasworthy Dam and be included in the City's water rights accounting plan. The plan takes into consideration stream bed losses and these would be charged to the volume of water requested by Quicksand. Currently, the stream bed losses are 15 to 20% of the volume released.

Quicksand golf course is located in the City limits and use of the water would be in accordance with the City's Water Conservation/Drought Contingency Plan.

Attachments: Quicksand Letter; Water Usage Request

Reviewed by Service Area Director: Will Wilde, Water Utilities Director, June 23, 2011.

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* 'OmCIGAND ,~ '- '- . '- '-- ..

City of San Angelo

"West Texas' Premier Golfing Venue" 2305 Pulliam * San Angelo, Texas 76905

(Phone) 325-482-8337 * (Fax) 325-486-1165

Attn: Will H. Wilde, P .E. Director of Public Utilities

72 West College Avenue San Angelo, Texas 76903

Dear Mr. Wilde:

I respectfully request that Quicksand Partners Ltd. be allowed to purchase water from the City of San Angelo for irrigation of the Quicksand Golf Course.

The diversion point for our purchase is proposed to be our existing pump station site on the Concho River which is located approximately 0.1 miles downstream of the East Loop 306 Bridge.

Please caIl me if you have any questions (325-482-8337).

Jack V. Hutchison

~f/;~ General Manager

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Request The Purchase of Raw Water

(1) Use of Diverted Water: Maintenance of the Quicksand Golf Course.

(2) Diversion Volume Requested:

(A) A maximum of 12 Acre-Ft per week commencing June 28 th 2011 and

(B) An additional maximum of 12 Acre-FT per week for the weeks commencing June 28 th, July 5 th

,

and July lih, 2011.

(3) Diversion Location: The diversion location appurtenant to Certificate of Adjudication Number

14-1330c, Quicksand Partners, Ltd, A Texas Limited Partnership.

(4) Allowable Diversion Times: To be as specified by the City of San Angelo consistent with Item (4)

should this parameter be deemed necessary by the Council.

(5) Minimum Weekly Diversion Period: Typically 110 Hours per Week: 220 Hours per Week during the

periods set forth at Item (lB).

(6) Measurement: Volume released by the City of San Angelo multiplied by a system loss factor of 1.20.

(7) Compliance Verification: Weekly meter readings from the "TCEQ" meter present at the Diversion

Location.

(8) Additional Items:

(A) The weekly Diversion Volume is anticipated to be reduced on or before November 15\ 2011.

(8) Due to the inexactitudes associated with the empirical measurement of and accurate control of

the volume of raw water drawn at the Diversion Location a tolerance factor of +/- 0.20% shall be

applicable.

(C) A Location Map is attached at Exhibit "A" and a Process Diagram is attached at Exhibit "B".

(D) The Concho River Watermaster has provided verbal "general concept approval" of the

algorithms appurtenant to his jurisdiction depicted on the Process Diagram and thi~ document

has been emailed to him for his review.

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Water Rights TCEQ Accounting - Water Rights

! Compliance

Released Volume X

1.20

COSA Release Concho Location River

l--"',,,"" '''''''', j , • 1.20

Raw Water ~I Golf Invoice Course

Exhibit "A" Location Map

I

Exhibit "B" Process Diagram

Quicksand Galf Course

• Diversion Location

Meter Readings

Diversion

I Location

Meter Readings

Concho

Scale 1 "= 2000'

Golf Course

COSA Diversion .. Compliance

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City of San Angelo Finance Department

Memo Date: July 5, 2011

To: Mayor and Councilmembers

From: Bryan Kendrick, Budget Analyst, Sr.

Subject: Agenda Item for July 12, 2011 Council Meeting

Contact: Bryan Kendrick, Budget Analyst Sr., 657-4211

Caption: Regular Item

Discussion and consideration of overall budget goals and policy recommendations related to: A. Water Rates for Long-Term Water Supply B. Franchise Fees C. Landfill Financial Condition and Rate Discussion D. Other Budget Related Issues

Summary: We will continue discussions of the Fiscal Year 2011-2012 Budget. We will begin with discussion of the Water Rates for long-term water supply, Franchise Fees, Landfill Financial Condition/Rate Discussion, and other Budget Related Issues as time allows.

Financial Impact: Discussion at the City Council meeting. Related Vision Item (if applicable): Financial Vision. Presentation: Yes Publication: None Reviewed by Service Area Director: Michael Dane, Finance