City Council May 3, 2011 Agenda Packet

City Council Agenda Page 1 of 4 May 3, 2011

NOTICE OF A PUBLIC MEETING

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

9:00 A.M. - Tuesday, May 3, 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. Proclamations

“Child Care Provider Appreciation Day”, May 6, 2011, to be accepted by Dora Hendricks, President of the Association of Registered Child Care Hom es, and Janet Reeves, Vice President of the Association of Registered Child Care Homes

“Police Week ”, week of May 15, 2011, and “Peace Officers Mem orial Day ”, May 15, 2011, to be accepted by Tim Vasquez, Chief of Police, City of San Angelo

“San Angelo Christian Home School Association”, May 20th and 21st, 2011, to be accepted by Jim and Claudia Marrs, President of the San Angelo Christian Home School Association

“National Preservation Month, May 2011”, to be accepted by Brenda Gunter, President of Downtown San Angelo, Inc.

“National Women’s Build Week”, week of May 1-7, 2011 and “Habitat for Humanity Month”, the month of May 2011, to be accepted by Patsy Kneller, Executive Director for Habitat for Humanity

D. Public Comment

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

II. CONSENT AGENDA 1. Consideration of approving the April 19, 2011 City Council Regular meeting minutes


2. Consideration of awarding bid ES-02-11 for the 2011 Sealcoat Program to Blacktopper Technology, Inc. (Blanco, TX) ion the amount of $563,362.24 and authorizing the City Manager or his designee to execute said contract and any necessary related documents

3. Consideration of adopting a Resolution authorizing the Mayor to execute a Tax Deed for the sale of a Tax Lot at 415 N Adams, (Morales), Lot 3, Block 91, Angelo Heights Addition, Suit No. B-01-0144-T

4. Consideration of authorizing the sale of a residential property located at 2462 Fishermans Road (Mecklenburg) for the appraised value of $102,000 and aut horizing the May or, 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

5. Consideration of a recommendation by City of San Angelo Development Corporation (COSADC) to approve an amendment between the COSADC and City of San Angelo Staff Services Contract increasing the percentage of the Director of Community & Economic Development’s salary paid by COSADC from 51% to 70%

6. Consideration of am ending the approval by City Council on January 11, 2011 of the Economic Development Agreement providing ad valorem property tax rebates totaling $572,250.00 to Ethicon, Inc. on the improved value of real property at 3348 Pulliam Street to include capital investment in both real and business personal property in order to coordinate with the Tom Green County Appraisal District treatment of real and personal property separately for ad valorem tax purposes and to increase the amount of the rebate to $676,259

7. Consideration of approving an Agreement between the City of San Angelo and the San Angelo Symphony Society for In-Kind Support for the July 3rd Pops Concert, and authorizing the City Manager to execute said agreement

8. Consideration of authorizing in-kind support for an appreciation luncheon for Wildcat Fire responders, workers and volunteers at El Paseo de Santa Angela on May 22, 2011

9. Consideration of authorizing staff to negotiate an Agreement between the City of San Angelo and Gary Donaldson Architecture for architectural services for a new livestock barn on the San Angelo Fairgrounds (RFQ COL-01-11) and authorizing the City Manager to execute said agreement

10. Second Hearing and consideration of adoption of an Ordinance amending Fire Department classified positions, specifically Driver position AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING ARTICLE 2.1500, ENTITLED “CLASSIFIED SERVICE,” SECTION 2.1502, ENTITLED “CLASSIFICATION PLAN,” PARAGRAPH (b), ENTITLED “STAFFING LEVELS,” SUBPARAGRAPH (1)(A), ENTITLED “FIRE DEPARTMENT,” TO CHANGE THE NUMBER OF AUTHORIZED POSITIONS FOR THE FIRE DEPARTMENT BY DECREASING THE NUMBER OF FIRE ENGINEER (DRIVER) FROM SIXTY-SIX (66) TO THIRTY-THREE (33), AND INCREASING THE NUMBER OF FIRE FIGHTER FROM SIXTY-TWO (62) TO NINETY-FIVE (95), SAID CHANGE TO BE EFFECTIVE ON MAY 3, 2011 AND; PROVIDING FOR SEVERABILITY, AND PROVIDING EFFECTIVE DATES

11. Second Hearing and consideration of adoption of an Ordinance amending Chapter 10 (Traffic Control) in the Code of Ordinances, City of San Angelo AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.100 ENTITLED “PARKING RESTRICTED IN RESIDENTIAL DISTRICTS,” SECTION 10.1005 ENTITLED “EXCEPTIONS,” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, BY AMENDING SECTION 10.1005 AND ADDING SUBSECTION 10.1005(5) TO THE LIST OF EXCEPTIONS ALLOWED FROM THE GENERAL PROHIBITION ON PARKING TRAILERS, SEMI-TRAILERS, POLE TRAILERS, COMMERCIAL VEHICLES, TRUCK TRACTORS AND


RECREATIONAL VEHICLES ON A STREET OR LOT IN A RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE

III. REGULAR AGENDA:

F. EXECUTIVE/CLOSED SESSION

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

G. PUBLIC HEARING AND COMMENT

12. Presentation of the first Quarter 2011 Report from the Chamber of Commerce Economic Development Council and the Convention & Visitors Bureau (CVB) (Presentation by CVB Chairman Fred Key, CVB Vice President Pamela Miller, and Vice President for Economic Development John Dugan)

13. Discussion and possible action on proposed parade routes (Presentation by Police Chief Tim Vasquez)

14. First public hearing and consideration of introduction of an Ordinance amending Chapter 2, Administration, Article 2.2000 of the City of San Angelo Code of Ordinances related to accepting credit card payments and providing for a processing fee AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE 2.2000, MUNICIPAL COURT FEES, BY ADDING SECTION 2.2007 AUTHORIZING THE ACCEPTANCE OF CREDIT CARDS AS PAYMENT FOR FEES, FINES, COURT COST, OR OTHER CHARGE ON BEHALF OF THE CITY, PROVIDING FOR A PROCESSING FEE, PROVIDING SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE (Presentation by Judge Allen Gilbert and Cash Analyst Doug Cooper)

15. First public hearing and consideration of introduction of an Ordinance amending Appendix A, entitled “Fee Schedule” of the City of San Angelo Code of Ordinances related to accepting credit card payments and providing for a processing fee AN ORDINANCE AMENDING APPENDIX A, ENTITLED “FEE SCHEDULE”, OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BY ADDING A NEW ARTICLE 14.4000 AUTHORIZING THE ACCEPTANCE OF CREDIT CARDS AS PAYMENT FOR CITY PROVIDED SERVICES, PROVIDING FOR A PROCESSING FEE, PROVIDING SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE (Presentation by Cash Analyst Doug Cooper)

16. Consideration of accepting the City of San Angelo’ s FY2010 Comprehensive Annual Financial Report (CAFR) as presented through the City’s Audit Committee (Presentation by Chief Accountant Bill Smith)

17. Consideration of an appeal from Planning Commission’s March 21, 2011 decision to approve a Conditional Use allowing sales of alcoholic beverages for on-prem ise consumption at 6005-6007 Knickerbocker Road on southwest corner of Red Bluff and Knickerbocker Roads, specifically on Lot 2 in Block 2 of Lake Nasworthy Addition Group 21 (Presentation by Planning Manager AJ Fawver)


18. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-04: Sherri and John Jones, Jr. 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: 6005-6007 Knickerbocker Road at southwest corner of Red Bluff and Knickerbocker Roads, specifically on Lot 2 in Block 2 of Lake Nasworthy Addition Group Twenty-One, changing the zoning classification from Neighborhood Commercial (CN) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver)

19. Public hearing of comments for and against proposed annexation of 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 (Presentation by Planning Manager AJ Fawver)

20. Discussion of matters related to parking on unimproved surfaces (Requested by Councilmember Adams)

21. Consideration of adopting an Ordinance declaring a local state of disaster in the City of San Angelo as an emergency measure pursuant to Government Code Section 418.108 and Section 2.113 of the City of San Angelo Code of Ordinances to proclaim a local state of disaster and order an imposition of a burn ban within the city limits as a control on activities which tend to increase the likelihood of fires in order to protect and preserve life and property of the city and its inhabitants for an indefinite period with the consent of the city council as authorized under Texas Government Code Section 418.108 and to authorize removal of the burn ban by the City Manager as conditions warrant; and to provide for exceptions to the burn ban for certain commercial establishments and public events as approved by the Fire Chief or his designee; said ordinance being an emergency measure pursuant to City Charter Sections 17 and 18; and providing for a penalty, and providing for an effective date (Presentation by City Manager Harold Dominguez)

H. FOLLOW UP AND ADMINISTRATIVE ISSUES

22. Consideration of matters discussed in Executive/Session, if needed

23. Consideration of various Board nominations by Council and designated Councilmembers:

a. Animal Services: Susan Parker (SMD5) to a first full term January 2013 b. Ft. Concho: Stephanie Harris (SMD6) to a first full term January 2014

24. Consideration of Future Agenda Items

25. Consideration of rescheduling or canceling the June 21, 2011 City Council meeting

26. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Thursday, April 28, 2011, at 5:00 P.M.

/s/________________________ Alicia Ramirez, City Clerk

P R O C L A M A T I O N WHEREAS, The Concho Valley Workforce Development Board and Workforce

Solutions Child Care Services and other organizations nationwide are recognizing Child Care Providers on this day; and

WHEREAS, Of the 21.3 million children under age 6 in America, 13 million are

in child care at least part time, and an additional 24 million school-age children are in some form of child care outside school time; and

WHEREAS, By c alling at tention t o t he importance of high quality child care services for all children and families within the San Angelo area, these groups hope to improve the quality and av ailability of such services; and

WHEREAS, Our future depends on the quality of the early childhood experiences

provided to young children today; and WHEREAS, High quality early childcare s ervices r epresent a worthy

commitment to our children’s future; NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, acting on behalf of the City Council, do hereby proclaim, Friday, May 6, 2011 as “CHILD CARE PROVIDER APPRECIATION DAY” in San Angelo, Texas, and urge all citizens to recognize Child Care Providers for their important work.

IN W ITNESS W HEREOF, I hav e hereunto s et m y hand and caused the Seal of the City to be affixed this 3rd day of May, 2011.

THE CITY OF SAN ANGELO __________________________ ALVIN NEW, MAYOR

P R O C L A M A T I O N WHEREAS, In 1962, President John F. Kennedy signed a pr oclamation which designated

May 15 as Peace Officers Memorial Day, and the week in which it falls as Police Week; and

WHEREAS, This week is dedicated to pay tribute to those officers who have died in the line of

duty and the San Angelo Police Department will have a number of planned events to honor those who have made the ultimate sacrifice; and

WHEREAS, The members of the law enforcement agencies of San Angelo and Tom Green

County unceasingly provide vital public services and pl ay an essential role in safeguarding the r ights and f reedoms of the c itizens of San A ngelo and Tom Green County; and

WHEREAS, It is important that all citizens know and understand the problems, duties, and

responsibilities of their law enforcement agencies, and that members of our law enforcement agencies recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression or intimidation; and

NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim May 15 through May 21, 2011, and May 15, 2011, as “POLICE WEEK”

“PEACE OFFICERS MEMORIAL DAY”

and call upon all citizens and organizations of San Angelo to observe this memorial occasion with appr opriate c eremonies i n w hich al l of our pe ople m ay j oin i n c ommemorating law enforcement officers, pas t and present, who by their faithful and loyal devotion t o their responsibilities have rendered a dedicated service to their communities; and, in honor of those Peace O fficers who, t hrough t heir courageous deeds, have l ost t heir l ives or have become disabled in the performance of duty.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 3rd day of May, 2011.

THE CITY OF SAN ANGELO _________________________ ALVIN NEW, MAYOR

P R O C L A M A T I O N WHEREAS, Our young Texans are our greatest hope for a br ight future, it is imperative that

we equip them with the tools necessary to succeed in the future, ensuring they are capable to seize opportunities and overcome challenges that come their way; and, the most important thing we can do to place them on the path to lifelong success is to give them a quality, well-rounded education; and

WHEREAS, Home schooling allows parents to develop and i mplement educational programs

based on t he i ndividual ne eds of their c hildren and ar e c onducted w ithin t he framework of the family’s beliefs and values; and

WHEREAS, Home schooling is accomplished within the framework of the family’s beliefs and

values, this provides students with personalized attention and strengthens family bonds by i nvolving c hildren and adul t f amily m embers i n t he learning pr ocess; and

WHEREAS, To br ing at tention t o t he be nefits and s ignificance of hom e s chooling, the San

Angelo Christian Home School Association will sponsor an awareness campaign and conference on May 20 thru 21, 2011 to reinforce throughout this e ffort the important r ole that ho me s chooling pl ays i n educating our c hildren and t he choice that it offers for parents; and

WHEREAS, The opportunity lies with us today to make a difference for the future, let us, as a

community, c ontinue t o e mbrace our r esponsibility t o our c hildren, focusing always on paving their path to lifelong excellence.

NOW T HEREFORE, BE I T RES OLVED, I , A lvin N ew, M ayor of t he C ity of San Angelo, Texas, on behalf of the City Council, do hereby proclaim the month of May 2011 as

“HOME SCHOOL MONTH” in San Angelo, Texas and urge the appropriate recognition whereof.

IN WITNESS WHEREOF, I have hereunto set my hand and c aused the Seal of the City to be affixed this 3rd day of May, 2011.

THE CITY OF SAN ANGELO

__________________________ ALVIN NEW, MAYOR

P R O C L A M A T I O N

WHEREAS, historic preservation is an effective tool for managing growth and

sustainable de velopment, r evitalizing ne ighborhoods, fostering local pride and maintaining community character while enhancing livability; and

WHEREAS, historic preservation is relevant for communities across the nation,

both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and

WHEREAS, it is important to celebrate the role of history in our lives and the

contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and

WHEREAS, "Celebrating A merica's T reasures" is the them e for N ational

Preservation Month 2011, cosponsored by Downtown San Angelo, Inc. and the National Trust for Historic Preservation.

NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim May 2011 as “NATIONAL PRESERVATION MONTH”! and call upon the people of San Angelo to join their fellow citizens across the United States in recognizing and participating in this special observance!

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 3RD day of May, 2011.

THE CITY OF SAN ANGELO ___________________________

Alvin New, Mayor

MISS WOOL RIVER PARADE AND

THE

FESTIVAL

P R O C L A M A T I O N WHEREAS, Habitat f or H umanity of San A ngelo i s an ecumenical, grass-roots

Christian ministry with a goal of e liminating pov erty hous ing i n San Angelo; and

WHEREAS, Habitat f or H umanity of San A ngelo i s par t of Habitat for Humanity

International and s hares t he dr eam of bui lding c ommunity relationships that transcend the boundaries of culture, status, and race; and

WHEREAS, Habitat for Humanity of San Angelo is committed to building houses in

a partnership with low-income families with children by providing long term, no interest loans that will establish home ownership; and

WHEREAS, Habitat for Humanity of San Angelo seeks to maintain the West Texas

tradition of neighbors helping ne ighbors and t o i nvolve i nterested individuals, organizations, businesses and c ongregations i n H abitat’s efforts to provide simple decent housing for all people; and

WHEREAS, Habitat for Humanity of San A ngelo seeks to continue its outreach to

those in need in our community w ith s everal adde d e vents d uring National Women Build Week and Habitat for Humanity Month.

NOW THEREFORE, I, A lvin New, M ayor of the City of San Angelo, Texas, on behalf of the C ity Council, do he reby proclaim the week of May 1 -7, 2011 and t he month of May 2011 as

“NATIONAL WOMEN BUILD WEEK”

“HABITAT FOR HUMANITY MONTH”

in San Angelo, and urge the appropriate recognition thereof.

IN WITNESS WHEREOF, I have hereunto s et m y hand and caused the Seal of t he C ity t o be af fixed this 3rd day of May, 2011.

THE CITY OF SAN ANGELO __________________________ ALVIN NEW, MAYOR

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 625 Tuesday, April 19, 2011 Vol. 102

OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:08 A.M., Tuesday, April 19, 2011, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized members of the Council, to-wit:

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

were present and acting, thus constituting a quorum. Whereupon, the following business was transacted:

An invocation was given by Rev. Karen Shmeltekopf and pledge was led by Emma and Dylan 2nd Graders at Angelo Catholic Church.

PROCLAMATION AND RECOGNITION

“Epsilon Sigma Alpha Founders’ Week”, Week of May 2, 2011, was accepted by Laura Martin, President of Theta Alpha Chapter #1503-ESA

“Cheyenne Winters” for her advocacy and involvement in Crime Victims’ Rights Week. Ms. Jennifer Shawker sang In the Arms of an Angelo by Artist Sarah Mclachlan.

PUBLIC COMMENT

No one came forward to comment publicly.

CONSENT AGENDA

APPROVAL OF THE APRIL 5, 2011 CITY COUNCIL REGULAR MEETING MINUTES APPROVAL OF A RE SIDENTIAL LEASE RENEWAL AT LOT 114, GROUP RED BLUFF, 3265 RED BLUFF WEST (HITT), AND AUTHORIZING THE WATER UTILITIES DIRECTOR TO EXECUTE THE SAME ACCEPTANCE OF T HE TEXAS DE PARTMENT OF T RANSPORTATION CL ICK IT OR T ICKET GRANT IN THE AMOUNT OF $4,000.00 AND AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO E XECUTE S AID GRANT AGRE EMENT AND ANY NE CESSARY RE LATED DOCUMENTS APPROVAL OF A COOPERATIVE ASSISTANCE AGRE EMENT BETWEEN THE CITY OF SAN ANGELO AND THE UNITED S TATES DE PARTMENT OF T HE I NTERIOR BURE AU OF RECLAMATION AUTHORIZING ASSISTANCE IN F ENCING CRITICAL ARE AS OF T HE T WIN BUTTES RESERVOIR AND AUT HORIZING THE MAYOR AND/OR THE CITY MANAGER TO EXECUTE SAID AGREEMENT AND ANY NECESSARY RELATED DOCUMENTS

Page 626 Minutes Vol. 102 April 19, 2011

ADOPTION OF A RE SOLUTION AUT HORIZING T HE CI TY MANAGER OR HI S DE SIGNEE T O NEGOTIATE AND E XECUTE AN INTERLOCAL AGRE EMENT WITH HARRI S COUNT Y DEPARTMENT OF E DUCATION, W HICH S PONSORS CHOI CE FACILITY PARTNERS, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE USE OF THE SYSTEM FOR APPROVED PURCHASES (ANNEX A, PAGE 633, RESOLUTION 2011-04-038R) AUTHORIZATION FOR T HE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND GOODF ELLOW AIR FORCE BASE CONCERNING HAZARDOUS MATERIAL AND WEAPONS OF MASS DESTRUCTION SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX B, PAGE 635, ORDINANCE 2011-04-039) Z 11-03: Elite Electrical Services AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAP TER 1 2 ADOP TS Z ONING REGULATIONS, USE DI STRICTS AND A Z ONING M AP, I N ACCORDANCE W ITH A COMPREHENSIVE P LAN, BY CHANGI NG T HE Z ONING AND CL ASSIFICATION OF T HE FOLLOWING PROPERTY, TO WIT: lot at southwest corner of South Bryant Boulevard and West Avenue U in south central San Angelo, specifically being Lot 7 in Block 8 of LaVillita Heights Addition to San Angelo, changing the zoning classification from a Neighborhood Commercial (CN) to an Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY SECOND HEARING AND ADOPTION OF AN ORDINANCE REPEALING THE MILES WATER RATE (ANNEX C, PAGE 637, ORDINANCE 2011-04-040) AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, SECTION 8.200 (a)(1) MONTHLY WATER RATES BY DELETING THE EXISTING MILES WATER RATE; PROVIDING FOR SEVERABILITY AND P ROVIDING FOR AN EFFECTIVE DATE SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2010-2011 BUDGET FOR CAPITAL PROJECTS AND NEW PROJECTS (ANNEX D, PAGE 639, ORDINANCE 2011-04-041) 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 NEW PROJECTS, EXISTING PROJECTS, GRANTS, INCREASED REVENUE AND RELATED EXPENSE Motion, to approve the Consent Agenda, as presented, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. Motion carried unanimously.

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

PUBLIC HEARING AND COMMENT

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 10 (TRAFFIC CONTROL) IN THE CODE OF ORDINANCES, CITY OF SAN ANGELO

AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.100 ENTITLED “PARKING RESTRICTED IN RESIDENTIAL DISTRICTS,” SECTION 10.1005 ENTITLED “EXCEPTIONS,” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, BY AMENDING SECTION 10.1005 AND ADDING SUBSECTION 10.1005(5) TO THE LIST OF EXCEPTIONS ALLOWED FROM THE GENERAL PROHIBITION ON P ARKING T RAILERS, S EMI-TRAILERS, P OLE T RAILERS, COM MERCIAL

Minutes Page 627 April 19, 2011 Vol. 102 VEHICLES, TRUCK TRACTORS AND RE CREATIONAL VEHICLES ON A S TREET OR L OT IN A RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE

Community and Economic Development Director Shawn Lewis presented background information.

General discussion was held on adding language to clearly delineate the trailer with reflective tape or place a safety cone for public safety concerns an d awareness, ex isting st ate l aws t hat a lready ad dress su ch, and adjusting the parking time allowable under the proposed ordinance.

Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by Councilmember Silvas.

Further discussion was held on an emergency provision. Councilmember Morrison and Councilmember Silvas withdrew their motion.

Motion, to accept, as presented and amended by adding an emergency provision under item 5b, was made by Councilmember Morrison and seconded by Councilmember Silvas. Motion carried unanimously.

Public comment was made by Citizens David Nowlin and John Bariou.

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

RECESS

At 10:05A.M., Mayor New called a recess.

RECONVENE

At 10:15 A.M., Council reconvened, and the following business was transacted:

DIRECTION TO STAFF TO WORK WITH THE TOM GREEN COUNTY TAX APPRAISAL DISTRICT TO ESTABLISH A FAIR HOUSING VALUE METHODOLOGY FOR ACCESSING PROPERTY TAXES ON AF FORDABLE HOUS ING P ROGRAM UNI TS I N THE RE VITALIZATION TARGET NEIGHBORHOODS

Requested Councilmember Adams and Presentation by Neighborhood and Family Services Director Bob Salas presented background information. A copy of the presentation is part of the Permanent Supplemental Record.

Motion, to d irect s taff to work with th e T ax A ppraisal to establish a fair housing value methodology for accessing p roperty t axes on the A ffordable H ousing P rogram, w as m ade b y Councilmember A dams and seconded by Councilmember Silvas.

Councilmember Hirschfeld suggested lowering the construction cost of a home from 100K to 80K.

Discussion was held on the construction cost, graduated formulas to achieve the comp market value, length of time to achieve the full market value, program improvements

Public comments were made by West Texas Organizing Strategy representatives Craig Meyers, Sallie Ayala, Anna Ballard, Sally Meyers, Beatrice Torres, Linda Horton, Vicki Boulden, Tim Davenport Hurst, Manny Campos, Deborah Michalewicz, Jerry Sea, Terry Calderon, and Jerry Bowman.

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

FIRST P UBLIC HE ARING AND I NTRODUCTION OF AN ORDINANCE AMENDING F IRE DEPARTMENT CLASSIFIED POSITIONS, SPECIFICALLY DRIVER POSITION

Page 628 Minutes Vol. 102 April 19, 2011 AN ORDINANCE AMENDING CHAPTER 2 E NTITLED “ ADMINISTRATION” OF T HE CODE OF ORDINANCES OF T HE CITY OF SAN ANGELO BY AM ENDING ART ICLE 2.1500, ENTITLED “CLASSIFIED SERVICE,” SECTION 2.1502, ENTITLED “CLASSIFICATION PLAN,” PARAGRAPH (b), ENTITLED “STAFFING LEVELS,” SUBPARAGRAPH (1)(A), ENTITLED “FIRE DEPARTMENT,” TO CHANGE THE NUMBER OF AUT HORIZED P OSITIONS FOR T HE F IRE DE PARTMENT BY DECREASING THE NUMBER OF FIRE ENGINEER (DRIVER) FROM SIXTY-SIX (66) TO THIRTY-THREE (33), AND INCREASING THE NUMBER OF F IRE F IGHTER FROM SIXTY-TWO (6 2) T O NINETY-FIVE (95), SAID CHANGE TO BE EFFECTIVE ON M AY 3, 2011 AND; PROVIDING FOR SEVERABILITY, AND PROVIDING EFFECTIVE DATES Fire Chief Brian Dunn presented background information. Councilmember Farmer left the meeting at 11:32 A.M. and returned at 11:38 A.M. Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld. Public comment was made by Fire Department Drivers Charles (Bubba) Barnett and Donald White.

General discussion was held on the funding mechanism, future savings from the classification changes, future budget adjustments based on Chief Dunn’s assumptions, and future City Council action required to further fund the adjustments.

Based on the discussion, Councilmember Hirschfeld rescinded his seconded motion. Motion was seconded by Councilmember Adams.

A vote was taken on the motion on the floor. AYE: Morrison, Silvas, Adams, and Farmer NAY: New, Alexander, and Hirschfeld. Motion carried 4-3.

RECESS

At 11:55 A.M., Mayor New called a recess.

RECONVENE

At 12:17 P.M., Council reconvened, and the following business was transacted:

EXECUTIVE/CLOSED SESSION

At 12:17 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 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City o f S an Angelo i s conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo; Section §551.071 to receive advice from counsel regarding the City’s redistricting obligations; and Section 551.072 to discuss the purchase, sale, exchange, lease, or value of real property.

OPEN SESSION (continued)

At 2:46 P.M. City Council concluded the Executive/Closed Session whereupon the following business was transacted:

RECESS

At 2:46 P.M., Mayor New called a recess.

RECONVENE


Minutes Page 629 April 19, 2011 Vol. 102 PRESENTATION AND DISCUSSION OF MATTERS RELATED TO THE 2010 CENSUS DATA AND REDISTRICTING:

City Attorney Lysia H. Bowling and Sydney W. Falk, Jr. of Bickerstaff Heath Delgado Acosta LLP presented background information. A copy of the presentation is part of the Permanent Supplemental Record.

Public comment was made by Citizen Jerry Bowman.

PRESENTATION AND DISCUSSION OF INITIAL ASSESSMENT REGARDING THE NEED TO REDISTRICT THE CITY COUNCILMEMBER DISTRICTS BAS ED ON RECENTLY ISSUED 2010 CENSUS DATA ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS ADOPTING CRITERIA FOR THE USE IN THE REDISTRICTING 2011 PROCESS; AND PROVING FOR AN EFFECTIVE DATE (ANNEX E, PAGE 643, RESOLUTION 2011-04-042R) Motion, to adopt Resolution, was made by Councilmember Adams and seconded by Councilmember Farmer. Motion carried unanimously. ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS ESTABLISHING GUIDELINES F OR P ERSONS S UBMITTING COM MENTS AND S PECIFIC REDISTRICTING PROPOSALS; AND PROVIDING FOR AN EFFECTIVE DATE (ANNEX F, PAGE 645, RESOLUTION 2011-04-043R) Motion, to adopt the R esolution, as presented, w as m ade by Councilmember Farmer and s econded by Councilmember Hirschfeld. Motion carried unanimously. ADOPTION OF A RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION (ANNEX G, PAGE 647, RESOLUTION 2011-04-044R) Finance Director Michael Dane presented background information. Motion, to adopt the R esolution, as presented, w as m ade by Councilmember Farmer and s econded by Councilmember Adams. Motion carried unanimously. POSTPONEMENT OF THE FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO Z 11-04: Sherri and John Jones, Jr. 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 DI STRICTS AND A Z ONING M AP, I N ACCORDANCE W ITH A COMPREHENSIVE P LAN, BY CHANGI NG T HE Z ONING AND CL ASSIFICATION OF T HE FOLLOWING PROPERTY, TO WIT: 6005-6007 Knickerbocker Road at southwest corner of Red Bluff and Knickerbocker Roads, specifically on Lot 2 in Block 2 of Lake Nasworthy Addition Group Twenty-One, changing the zoning classification from Neighborhood Commercial (CN) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Mayor New stated staff requested this item be postponed due to the receipt of petitions by proponents and opponents on the item. Council concurred. ACCEPTANCE OF S TAFF’S RE COMMENDATION T O WITHHOLD ISSUING A WATER FEES REBATE AND REVISIT REBATE OPTION IN NOVEMBER 2011 AS REQUIRED BY ORDINANCE Finance Director Michael Dane presented background information. A copy of the presentation is part of the Permanent Supplemental Record.

Page 630 Minutes Vol. 102 April 19, 2011 Motion, to accept staff’s recommendation to withhold a water fee rebate and revisit rebate option in November as required by ordinance, was made by Councilmember Alexander and seconded by Councilmember Farmer. Motion carried unanimously.

RECESS

At 3:49 P.M., Mayor New called a recess.

RECONVENE


PRESENTATION AND DISCUSSION ON THE CONSERVATION CREDIT PORTION OF THE WATER RATE STRUCTURE

Finance Director Michael Dane presented background information. A copy of the presentation is part of the Permanent Supplemental Record.

Council suggested that such an option be included in the customer’s monthly water invoice.

ACCEPTANCE AND APPROVAL OF AN ARCHITECTURAL AND PROFESSIONAL SERVICES CONTRACT ( RFQ P D-01-10) WITH WIGINGTON HOO KER JEFFRY ARCHITECTS P.C. FOR A FEASIBILITY STUDY AND DESIGN DE VELOPMENT FOR A FUTURE L AW ENFORCEMENT CENTER IN THE AMOUNT OF $118,000 PLUS REIMBURSABLE EXPENSES AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SAID CONTRACT

Assistant Police Chief Jeff Fant, Assistant City Manager Elizabeth Grindstaff, and Architect Lance Melton presented background information. A copy of the presentation is part of the Permanent Supplemental Record.

City Manager Harold Dominguez stated the funding for the project would come from savings from consolidated savings and cancelled Capital Improvement Projects, specifically the Operations M aintenance building construction project.

Motion, to accept and authorize request for proposal PD-01-10, as presented, was made by Councilmember Adams and seconded by Councilmember Alexander. Motion carried unanimously.

FOLLOW UP AND ADMINISTRATIVE ISSUES

APPROVAL TO RECONSIDER THE ORDINANCE LIMITING THE NUMBER OF ANNUAL GARAGE SALES AP PROVED AND A DOPTED BY CI TY COUNC IL ON M ARCH 2 2, 2 011 AND I N ACCORDANCE TO CHAPTER 1, SECTION 1.1002 OF THE CODE OF ORDINANCE

Requested by Councilmember Morrison.

Motion, to reconsider the Ordinance, as presented, was made by Councilmember Morrison and seconded by Councilmember Farmer. AYE: Morrison, Silvas, Adams, Hirschfeld, and Farmer NAY: New and Alexander. Motion carried 5-2. CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION No action was taken on matters discussed in Executive/Closed Session.

AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE TASK ORDER NO. 15, AND ALL RELATED DOCUMENTS, BE TWEEN T HE CI TY OF S AN ANGE LO AND KS A ENGINEERS FOR AIR SERVICE MARKETING SERVICES IN THE AMOUNT OF $62,325 AT SAN ANGELO REGIONAL AIRPORT

Minutes Page 631 April 19, 2011 Vol. 102 Airport Director Luis Elguezabal and SH&E Aviation Consultant Elizabeth Jaedicke presented background information. A copy of the presentation is part of the Permanent Supplemental Record.

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

DENIAL OF ADOPTION OF A RE SOLUTION AUT HORIZING T HE CI TY M ANAGER OR HI S DESIGNEE TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT AND RELATED DOCUMENTS WITH PALM BEACH JET GROUP, INC. FOR PROPERTY LOCATED AT THE SAN ANGELO REGIONAL AIRPORT City Manager Harold Dominguez and Airport Director Luis Elguezabal presented background information. Motion, to deny the Resolution, was made by Councilmember Adams and seconded by Councilmember Farmer. Public comment was made by Ranger Aviation owner John Fields and Palm Beach Jet Group owner BG Sykes. AYE: Morrison, Silvas, Adams, and Farmer NAY: New, Alexander, and Hirschfeld. Motion carried 4-3. NO CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE A TERMINATION OF LEASE AGREEMENT AND RELEASE OF CLAIM WITH SKYLINE AVIATION, INC. No consideration o r action n ecessary d ue to City C ouncil’s denial of P alm B each J et G roup, I nc. l ease agreement.

EMERGENCY AGENDA

ADOPTION OF AN ORDINANCE DECLARING A LOCAL STATE OF DISASTER IN THE CITY OF SAN ANGELO BY THE MAYOR OF THE CITY OF SAN ANGELO; INVOKING THE AUTHORITY OF GOVERNMENT CODE, CHAPTER 418, VERNON’S TEXAS CIVIL STATUTES AND CHAPTER 2, SECTION 2.113 OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO; AUTHORIZING THE EXERCISE OF ALL POWERS PERMITTED UNDER ALL LAWS, WHICH POWERS ARE REASONABLY NECESSARY TO PROTECT THE HEALTH, SECURITY, SAFETY, PEACE, LIFE AND PROPERTY OF THE CITY AND ITS INHABITANTS; PROVIDING FOR THE PROMPT AND GENERAL PUBLICITY OF ANY REGULATIONS SO IMPOSED; AND ORDERING A BURN BAN WITHIN THE CITY LIMITS; AND PROVIDING THAT PERSONS VIOLATING THE BURN BAN ORDER SHALL BE PROSECUTED IN ACCORDANCE WITH S TATUTES AND P ROCEDURES GOVE RNING MISDEMEANORS; AND DE CLARING T HIS ORDI NANCE T O BE AN EMERGENCY MEASURE PURSUANT TO CITY CHARTER SECTIONS 17 AND 1 8 IN THE INTEREST OF PUBLIC PEACE, PROPERTY, HEALTH, SAFETY AND WELFARE OF THE CI TIZENS OF SAN ANGE LO; AND PROVIDING FOR A PENALTY, AND PROVIDING FOR AN EFFECTIVE DATE (ANNEX H, PAGE 649, ORDINANCE 2011-04-045)

CONSIDERATION OF FUTURE AGENDA ITEMS

City M anager H arold D ominguez distributed the proposed May 3, 2011 Agenda and solicited Council comments and suggestions.

City Manager Harold Dominguez announced the April 29, 2011 Neighborhood Blitz and welcomed Council to participate.

NO CONSIDERATION OF RESCHEDULING OR CANCELING THE JUNE 21, 2011 CITY COUNCIL MEETING

No consideration was made. Item will be postponed to the next meeting.

Page 632 Minutes Vol. 102 April 19, 2011 ADJOURNMENT

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

The meeting adjourned at 5:13 P.M.

THE CITY OF SAN ANGELO ___________________________________ Alvin New, Mayor

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

City of San Angelo

Memo Date: April 28, 2011

To: Mayor and Councilmembers

From: Clinton Bailey, Engineering Services

Subject: Agenda Item for May 3, 2011 Council Meeting

Contact: Blake Wilde, Engineering Services, Phone # 481-2749

Caption: Consent Item

Consideration of awarding bid and authorizing the City Manager or his designee to execute any necessary related documents for ES-02-11 Sealcoat Program 2011, Blacktopper Technology, Inc., Blanco, TX, $563,362.24.

Summary: The following bids were opened on April 14, 2011:

1. Blacktopper Technology, Inc. $563,362.24

2. Northeastern Pavers $604,774.72

3. Ronald R. Wagner & Co. L.L.C. $625,480.96

4. Ploch Construction $697,952.80

5. Brannan Paving Co $704,854.88

History: This contract is for the City’s yearly sealcoat program.

Financial Impact: $563,362.24 from the City of San Angelo General Funds.

Related Vision Item: Transportation Vision

Other Information/ Recommendation:

Staff recommends the bid from Blacktopper Technology, Inc., in the amount of $563,362.24 be accepted and authorizing the City Manager or his designee to execute any necessary related documents to the contract.

Attachments: PUR ES-02-11 Sealcoat Program 2011 Bid Tab.pdf

Presentation: None

Publication: None

Reviewed by Director:

Shawn Lewis, Development Services Director, April 20, 2011

Approved by Legal: Lysia H. Bowling, City Attorney, April 20, 2011

C I T Y O F S A N A N G E L O

BID TABULATION * RFB NO: ES-02-11 * Sealcoating

April 14, 2011

Quantity

Unit (SY)

1 345,104 PB-4 / AC-20-5TR, AC-20XP, AC-

15P, OR AC-10-2TR installed

complete in place

$1.56 $538,362.24 $1.97 $679,854.88 $1.68 $579,774.72 $1.95 $672,952.80 $1.74 $600,480.96

Total Base Bid $563,362.24 $704,854.88 $604,774.72 $697,952.80 $625,480.96

Bid Bond? Y Y Y Y Y

Unit PriceDescription Unit Price Total Amount

2 Lump Sum

Contingency Of Twenty Five

Thousand Dollars And No Cents. $25,000.00

Unit Price Total Amount

$25,000.00

Blacktopper Technology Brannan Paving Co Northeastern Pavers Ploch Construction Ronald Wagner & Co

Total Amount

$25,000.00


$25,000.00


$25,000.00


To: Mayor and Council Members

From: Roger Banks, Purchasing Director


Contact: Diana Farris, Property Manager, Purchasing Department, 657-4212


Consideration of adopting a Resolution authorizing the Mayor to execute a Resolution authorizing sale of Tax Lot(s):

A. 415 N Adams, (Morales), Lot 3, Block 91, Angelo Heights Addition, Suit No. B-01-0144-T

Summary: The subject properties were auctioned with no offers received. Subsequently, the properties were struck off to the City as Trustee for itself and the other taxing entities.

The lot size, amount of offers, and what the offer will satisfy are as follows: SIZE OFFER OFFER WILL SATISFY… A. 50’ x 140’ $ 3,500.00 Offer satisfies all court costs and a small portion of the taxes History: Listed below are the breakdowns of amounts owed: A. Taxes: $8,3784.75 B. Taxes: $ 0.00 C. Taxes: $ 0.00 Sheriff Fees $ 100.00 Sheriff Fees $ 0.00 Sheriff Fees $ 0.00 District Clerk $ 463.00 District Clerk $ 0.00 District Clerk $ 0.00 Attorney Fees $ 345.00 Attorney Fees $ 0.00 Attorney Fees $ 0.00 Administration $ 350.00 Administration $ 0.00 Administration $ 0.00 Municipal Liens $ 1,098.42 Municipal Liens $ 0.00 Municipal Liens $ 0.00 $10,731.17 $ 0.00 $ 0.00 Financial Impact: All Properties will be reinstated back onto tax roll. Other I nformation/Recommendation: It has bee n verified by all en tities t hat n o o utstanding bal ance ex ist f or t he Prospective Buyers. It is recommended that the above offers be accepted. Attachments: Resolution, Tax-Resale Deed, and Property Location Map Presentation: N/A Reviewed by Service Area Director: Michael Dane, Administration Service Director

City of San Angelo

o:\2011 agenda packets\05-03-11\pur tax lot (morales) resolution.doc

RESOLUTION AUTHORIZING SALE OF REAL PROPERTY

(Less than Adjudged Value or Judgment)

WHEREAS, on the day of , 2011 at a regularly scheduled

meeting of t he C ity Council of t he C ity of S an A ngelo, T exas, t here was pr esented t o said Council the proposal for the City to sell a parcel of land situated within the city limits of the City of San Angelo, said parcel being described as follows:

Lot 3, Block 91, Angelo H eights A ddition, C ity of S an A ngelo,

Tom G reen C ounty, T exas, a nd de scribed i n d eed r ecorded i n V olume 730, Page 465, Deed Records of Tom Green County, Texas.

WHEREAS, said l ot(s) are held by the C ity o f S an Angelo, as T rustee by vi rtue of

Sheriff’s Tax Deed, recorded on Instrument Number 629150, of the Official Public Records of Real Property, Tom Green County, Texas; and

WHEREAS, the City Council has determined that it is in the best interest of the City of San Angelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market value specified in the Judgment of f oreclosure or t he amount of t he judgment(s) against s aid property.

NOW THEREFORE BE I T R ESOLVED B Y TH E C ITY C OUNCIL O F TH E

CITY OF SAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacity as representative of the City of San Angelo, Trustee to execute a Quitclaim Deed to the a bove de scribed l ot(s) t o Jose G uadalupe & M artha M orales, a married c ouple, for t he consideration of Three Thousand Five Hundred and 00/100 Dollars ($3,500.00) and that the sale for said amount is also hereby authorized and approved. APPROVED AND ADOPTED ON THE DAY OF , 2011.

THE CITY OF SAN ANGELO

______________________________ Alvin New, Mayor

Attest: _____________________ Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: ______________________ ____________________________ Lysia H. Bowling, City Attorney Roger S. Banks, Purchasing Manager

City of San Angelo



From: Will Wilde, Water Utilities Director


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


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

Summary: Ronnie D. and Sharon Mecklenburg 2462 Fishermans Road Lot 11, Group 14 $102,000 History: None.

Financial Impact: Proceeds from the sale of lake lots go into the Lake Nasworthy Trust Fund. Related Vision Item (if applicable): None. Other In formation/Recommendation: If t he s ale i s ap proved at t he ap praised v alue, a title examination will be per formed and l egal s taff w ill pr epare a R eal E state C ontract o f S ale, S pecial Warranty Deed and Surrender of Lease, as previously approved by City Council. Staff recommends approval. Attachments: Appraisal Report (Mecklenburg) Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, April 15, 2011.

City of San Angelo


To: Mayor and Council

From: Shawn Lewis, Director of Community & Economic Development

Subject: Agenda Item for 05/03/2011 Council Meeting

Contact: Shawn Lewis 657-4210

Caption: Consent Agenda Item

Consideration of a recommendation by City of San Angelo Development Corporation (COSADC) t o appr ove an amendment t o t he C OSADC- City of S an A ngelo S taff Services C ontract i ncreasing t he p ercentage of t he Director of C ommunity & Economic Development percentage of salary paid by COSADC from 51% to 70%

Summary: At its regular meeting of January, 12, 2011 the COSADC Board received and approved a new staff services contract between COSADC and the City of San Angelo. The c ontract as appr oved stipulated t hat 51% of t he s alary and be nefits of t he Community & Economic D evelopment D irector, 70% of t he s alary/benefits of t he Development Coordinator, and 30% of the salary/benefits of the Senior Administrative Assistant would be paid by COSADC. This contract was approved by City Council at its r egular m eeting Mar ch 22, 20 11. The COSADC Board at the t ime of or iginal approval also directed that these salary percentages be reviewed on a semi -annual basis. I n ad dition, t he Board di rected s taff t o r eevaluate t he Director’s s alary percentage in April 2011.

History: The COSADC Board in January generally expressed an interest in funding a larger percentage of t he s alaries and benefits for the D irector and the Development Coordinator pos itions, as t hey ant icipated t hat t he director’s j ob i n par ticular would require more than 51% of the director’s time. In response to the Board’s concerns at that t ime ( and s taff’s r eview of t ime al located t o E conomic Development up t o t hat date), staff recommended and the board approved increasing the Development Coordinator’s s alary and be nefits percentage pa id b y COSADC t o 70%. However, staff and the board agreed to review the director’s salary allocation in six months (April, 2011).

Per t he d irection of t he B oard, s taff has r eevaluated t he ac tual t ime s pent b y t he Director on C OSADC related bus iness in comparison to the percentage of his t ime spent on ot her C ity bus iness in managing and d irecting ot her di visions s uch as Planning, GIS, Engineering, Permits and Fire Prevention. Based on print job’s charged to COSADC, COSADC related e-mails and phone calls, meeting requests and attendance for COSADC related items, staff believes it is more appropriate to move the Director’s salary and benefits from 51% to 70%. This will also help keep COSADC in compliance with State law which requires all development corporations to reimburse City governments for all City staff work performed on behalf of the corporation. The COSADC Board approved the proposed amendment of the Staff Services Contract raising the percentage from 51% to 70% at its regular meeting of April 13, 2011 and recommended the amendment be submitted to City Council.

Financial Impact: The total contract amount will be increased by $ 20,777.88

Recommendation: Staff recommends approval of the revised agreement.

Attachments: Contract Amendment and COSADC Minute Record Excerpt

AMENDMENT TO CONTRACT BETWEEN CITY OF SAN ANGELO DEVELOPMENT CORPORATION AND THE CITY OF SAN ANGELO FOR REIMBURSEMENT FOR PROVISION OF ADMINISTRATIVE SERVICES

This Amendment is made and entered into this the ____ day of ___________, 2011, between the CITY O F S AN AN GELO E CONOMIC D EVELOPMENT C ORPORATION (“COSADC”), a T exas n on-profit c orporation and t he CITY O F S AN AN GELO (“PROVIDER”), a Texas a municipal corporation.

WHEREAS, COSADC and Provider o riginally executed a Contract for provision of administrative services on XXXXXX (“Contract”), copy of which is attached to this Amendment as Exhibit “A”, attached herein as for reference; and WHEREAS, the amount of $294,384.17 shown in Article 3 A. of the Contract is based on among ot her c onsiderations, 51 % of t he s alary of t he D irectory of C ommunity a nd E conomic Development to be paid by COSADC ; and WHEREAS, COSADC Board requested specific review and re-evaluation of the Director of Community & Economic Development actual time spent on COSADC matters on April 1, 2011; and WHEREAS, Staff h aving p erformed a r eview o f ac tual t ime s pent b y t he D irector o n COSADC r elated m atters d etermined t hat t he Director i s s pending about 7 0% o f h is t ime o n COSADC related business; NOW THEREFORE, COSADC and Provider agree as follows:

Contract shall be amended as follows: Article 3. Compensation

A. COSADC shall to reimburse Provider for all services provided under Article 2 above, in the total amount of $315,162.05 (Three Hundred Fifteen Thousand, One Hundred Sixty Two and 05/100) and in the allocations set forth herein.

Such r eimbursement of t he t otal a mount of $315,162.05 T hree Hundred Fifteen Thousand, One Hundred Sixty-Two and 05/100) shall be made in 2 (two) equal payments of up t o $ 157,581.02 (One H undred Fifty-Seven Thousand, Five Hundred Eighty-One Dollars a nd 02 /100) du e a nd pa yable on or about M arch 31, 2011 and September 30, 2011. The amount COSADC is required to reimburse Provider under this contract shall not exceed the actual cost for such services. The dollar amounts allocated above shall be reviewed April 1, 2011 to ensure that estimated salary costs allocated to COSADC above accurately reflect actual time spent on COSADC projects.

B. For t he s ervices of t he employees de scribed in Article 2, S ection A above, t he t otal

amount of $ 235,819.05 (Two Hundred Thirty-Five Thousand, Eight H undred N ineteen and 05/100) shall be reimbursed to Provider.

IN WITNESS WHEREOF, the parties hereto have made and executed in duplicate this Amended to Contract this ____ day of , 2010. OWNER: PROVIDER: CITY OF SAN ANGELO ECONOMIC DOWNTOWN SAN ANGELO, INC. DEVELOPMENT CORPORATION By:__________________________ By:___________________________ Harold Dominguez, City Manager ATTEST: ATTEST:

By: _____________________ By: _____________________ Alicia Ramirez, City Clerk

APPROVED AS TO CONTENT: APPROVED AS TO FORM: ____________________ _ ____________________________ Shawn Lewis, Development Services Director Lysia H. Bowling, City Attorney

City of San Angelo



From: Bob Schneeman, Development Coordinator

Subject: Agenda Item for 01-11-2011 Council Meeting

Contact: Shawn Lewis, Director; Bob Schneeman, Development Coordinator


Consideration of amending t he appr oval b y C ouncil o n J anuary 11, 201 1 of t he economic development agreement providing ad valorem property tax rebates totaling $572,250.00 to Ethicon, Inc. on the improved value of real property at 3348 Pulliam Street t o i nclude capital i nvestment i n bot h real an d bu siness per sonal pr operty i n order to coordinate with the Tom Green County Appraisal D istrict t reatment of real and personal property s eparately f or ad v alorem tax purposes and to i ncrease the amount of the rebate to $676,259

Summary:

History:

On January 11, 2011 San Angelo City Council approved a tax rebate for Ethicon, Inc. Staff has det ermined t hat t his age nda item f ailed t o include per sonal business property in addition to the real property City tax rebates typically involve. Ethicon, I nc. located at 3348 Pulliam Street, is planning capital investment improvements t o r eal and p ersonal business property valued between s ixteen million dollars ($16,000,000.00) and twenty eight million dollars ($28,000,000.00). Of that total investment, Phase I is in progress and is valued at over 8.6 million dollars. Phase II of the project will be between ten and twenty million dollars and will be invested by December 31, 2011. This item will correct the oversight from January 11, 2011 to include both real and personal property taxes in the rebate. Having a lso a pplied a nd been approved for des ignation as a T exas Enterprise Zone, Ethicon has requested tax abatements in two p hases based on the increase in taxes for the above referenced capital investments. The rebate will be provided in two phases of four years duration each with 100% of taxes rebated in Year One, 75% in Year Two, 50% in Year Three and 25% in Year Four. Phase 1 will c ommence 2011 and end 20 14 an d Phase 2 will c ommence 2012 and en d 2015. The rebate as approved by City Council on January 11, 2011 included only ad valorem i ncreases i n r eal property t ax. T he J anuary 11, 2011 a pproval i s hereby am ended t o include c apital i nvestments f or r eal and per sonal business property to be in coordination with the Tom Green County practice of identifying the two classifications separately.

Ethicon, I nc, c urrently em ploys o ver 50 0 per sons at t heir San Angelo p lant. I n addition, they are planning for and currently making some improvements to their facilities of between 16 and 28 million dollars over this and the next several years dependent upon approval by their corporate headquarters. In June 2010, Ethicon approached t he City, expressing an interest in obtaining t ax aba tements or rebates r elative t o t hat pr oposed c apital i nvestment. On July 8, 2 010 economic development s taff—after consulting with COSADC, City Council and Tom Green County—provided Ethicon an offer letter for tax abatements based on the value of their improvements as follows: 100% abatement Year One, 75% abatement Year 2, 50 % ab atement Year 3 an d 2 5% a batement Year 4. Discussions bet ween

economic dev elopment s taff and E thicon’s l egal r epresentatives l ed to t he proposal being r evised f rom a tax aba tement t o a t ax r ebate. The l etter also proposed economic development incentives for the retention and/or r etraining of up t o 30 employees whose pos itions were i dentified as pot entially vulnerable. Proposed incentives range between $5,000 and $10,000 per position dependent upon wage rates a nd levels of j ob s kill advancement. The j ob r elated ec onomic development agreement was approved by Council at the January 25, 2011 Council meeting. According to representatives from the local Ethicon plant, these rebates will ensure that t he l ocal plant r emains c ompetitive with ot her Ethicon locations in obtaining investment capital for continued operation of the plant. Due to the fact that much of the capital investment will be in machinery and equipment to m odernize t he ex isting plant a nd d ue t o t he f act t hat t he T om Green C ounty Appraisal district i dentifies r eal pr operty and business personal pr operty separately, although taxing them at the same rate, the above amendment to the previous Council approval is hereby requested. The total amount of the rebate has been increased based on actual expenditures in progress of over $8.6 million.

Financial Impact: $676,259 total t ax r ebate on increased t axable v alue over two p hases of four years each, based upon final valuation from Tom Green County Appraisal District

Related Vision Item

(if applicable):

N/A


Staff recommends amending the previous Council approval of Ethicon tax rebates over two phases each of which covers a four year period per the above proposal.

Attachments: Minute record excerpt from January 11, 2011 Council meeting

Presentation: N/A

Publication: N/A


Shawn Lewis, Director of Community & Economic Development

Approved by Legal: N/A

Page 448 Minutes Vol. 102 January 11, 2011

RECONVENE


DIRECTION TO STAFF TO REVIEW AND TO PROPOSE OPTIONS REGARDING THE REGULATION OF GARAGE SALES AS OUTLINED IN THE CITY OF SAN ANGELO CODE OF ORDINANCES

Planning Manager AJ Fawver and Code Compliance Manager James Flores presented background information. A copy of the presentation is part of the Permanent Supplemental Record.

Discussion was held on the number of individuals that such recommended changes affected.

Motion, to address Concern #1 regarding the amount of time items are allowed outdoors and selecting Option 2 to include more specificity, reviewing and revising the entire ordinance as previously recommended by City Council, and to specifically include stated traffic regulations, was m ade by Councilmember Farmer and seconded by Councilmember Adams.

Public comments were made by Citizens Jim Turner, Ron Bariou, and Keith Perrine.

General discussion was held on the current ordinance and its inadequacy to handle the issues presented, e.g. trash and items not stored away. Council directed staff to present their recommendations, as stated, at a future meeting.

Councilmembers Farmer withdrew her motion and Adams his second.

AUTHORIZATION FOR A TAX REBATE PROVIDING AD VALOREM PROPERTY TAX REBATES TOTALING $572,250.00 TO ETHICON, INC. ON THE IMPROVED VALUE OF REAL PROPERTY AT 3348 PULLIAM STREET; THE REBATE WILL BE PROVIDED IN TWO PHASES OF FOUR YEARS DURATION EACH WITH 100% OF TAXES REBATED IN YEAR ONE, 75% IN YEAR TWO, 50% IN YEAR THREE AND 25% IN YEAR FOUR; PHASE 1 WILL COMMENCE 2011 AND END 2014 AND PHASE 2 WILL COMMENCE 2012 AND END 2015; THE INCREASE IN VALUE TO REAL PROPERTYIS ESTIMATED BETWEEN $16,000,000.00 AND $28,000,000.00 BETWEEN 2010 AND 2012; AUTHORIZING STAFF TO NEGOTIATE THE TERMS OF AN ECONOMIC DEVELOPMENT AGREEMENT; AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SAID AGREEMENTCommunity and Econom ic Developm ent Director Shawn Lewis presented background information. A copy of the presentation is part of the Permanent Supplemental Record.

Discussion was held on the contract claw back provision.

Motion, to authorize the tax rebate, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Adams. Motion carried unanimously.

POSTPONEMENT OF DISCUSSION AND REVIEW OF STAFF’ S BOARD & COMMISSION APPOINTMENT STRUCTURE AND RELATED MEMBER TERM PROPOSAL

Mayor Pro Tem Farmer suggested postponement of the item. Council concurred.

FOLLOW UP AND ADMINISTRATIVE ISSUES

CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION

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

CONSIDERATION OF FUTURE AGENDA ITEMS

City Manager Harold Dominguez distributed the proposed January 25, 2011 Agenda and solicited Council comments and suggestions.

Councilmember Silvas commented emails and calls received regarding the road work on Pulliam and Main

City of San Angelo Parks & Recreation

Memorandum Date: April 28, 2011


From: Carl White, Parks and Recreation Director

Subject: Agenda Item for May 3, 2011, Council Meeting

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


Consideration of approving an Agreement between the City of San Angelo and the San Angelo S ymphony Society f or I n-Kind Support f or t he J uly 3 rd Pops Concert, and authorizing the Mayor and/or the City Manager to execute said agreement.

Summary: Staff recommends approval of an agreement between the City of San Angelo and the San Angelo Symphony Society for In-Kind services for the July 3rd Pops Concert and authorization of the Mayor and/or City Manager to execute the agreement.

Several meetings have been held internally and with the Symphony Society to develop this agreement and its details. We are confident this agreement protects the interests of the City and supports a popular and important community event that celebrates the birth of our nation.

History: · The City has supported the July 3rd Pops event since 1988.

· The City Council adopted a Special Event Policy and in-kind support procedure in October 2008 to facilitate and regulate requests for public event support.

· Under the new policy and procedure, the Symphony Society earned support for the July 3rd event in 2009 and 2010.

· City C ouncil ap proved, t hrough t he bu dget pr ocess, a moratorium on s pecial event in-kind support for Fiscal Year 2010-2011.

· City S taff negotiated an a greement w ith t he S ymphony Society t o s upport t he July 3rd Pops event.

Financial Impact: There is no direct cost for approving this agreement. Approval of the agreement will authorize the commitment of up to $30,750 of in-kind services for the first three-year term of the agreement.

Attachments: Agreement

Presentation: Memorandum and Attachment.

Publication: N/A


Rick Weise, Assistant City Manager, April 21, 2011

Approved by Legal: April 20, 2011

City of San Angelo Civic Events



From: Anthony Wilson, Civic Events Manager


Contact: Anthony Wilson, Civic Events Manager, 653-5328 or 234-0014


Consideration of authorizing in-kind support for an appreciation luncheon for Wildcat Fire responders, workers and volunteers at El Paseo de Santa Angela on May 22, 2011

Summary: The United Way of the Concho Valley will host an appreciation luncheon on May 22, 2011, at El P aseo d e Santa A ngela f or al l r esponders, w orkers and volunteers involved in the Wildcat Fire effort. The City of San Angelo would like to partner with the United Way in this event by providing the use of El Paseo’s pavilions and courtyard at no cost.

History: Hundreds of local, state and federal employees teamed with an army of volunteers in the effort to contain the Wildcat F ire (and to provide support services) in April. The United Way of the Concho Valley is extending a “thank you” to those involved for their service by hosting an appreciation luncheon for them and their families from 11 a.m. to 2 p.m. on May 22, 2011, at El Paseo de Santa Angela. The West Texas Rehabilitation Center is co-sponsoring the event, and the United Way is seeking other community sponsors.

The City of San Angelo wishes to partner with the United Way and the West Texas Rehab in this effort by providing the use of El Paseo’s pavilions at no cost.

The U nited Way i s pl anning f or 1, 000 at tendees for t he c ome-and-go l uncheon of brisket sandwiches. The agency does not yet know total costs of the event. There will be no t icket s ales f or t he g eneral pub lic, but donations w ill b e ac cepted. O nce t he luncheon’s costs are covered, any remaining donations will be split equally between the Grape Creek and Water Valley volunteer fire departments.

Financial Impact: El Paseo’s two pavilions typically rent for $100 apiece per day. The courtyard rents for $25 per day, meaning the value of the in-kind support would be $250. The rental fees cover all necessary services and staffing for an event. We would use as many part-time employees as possible to keep costs as low as possible.

Related Vision Item

(if applicable):

The Council’s V ision Work P lan for neighborhoods includes fostering a sense o f community, which this event would do.


The City provides the use of El Paseo at no cost for the annual Back the Badge luncheon for our community’s first-responders. Staff recommends approval.

Attachments: Letter from Patti Breitreiter, President and CEO of the United Way of the Concho Valley

List of Wildcat Fire agencies invited to participate in luncheon Presentation: N/A

Publication: N/A


Carl White, Parks and Recreation Director, April 27, 2011


Departments and Agencies Responded to Wildcat Fire

Water Valley VFD

Carlsbad VFD

Grape Creek VFD

Quail Valley VFD

East Concho VFD

Wall VFD

Christoval VFD

Pecan Creek VFD

Dove Creek VFD

San Angelo Fire Department

Goodyear Fire Department

Miles VFD

Sterling City VFD

Irion County VFD

Howard County VFD

Eldorado VFD

Millersview VFD

Lohn VFD

Brady VFD

Eden VFD

Robert Lee VFD

Bronte VFD

EMS from both Robert Lee and Bronte

San Angelo Emergency Corps

Red Cross

Salvation Army

Goodfellow Air Force Base fire station and fir training academy

U.S. Customs & Border Protection

Tom Green County Road & Bridge

City of San Angelo staff

Tom Green County staff

National Weather Service staff

Citizens Emergency Response Team members (Council of Governments)

Texas Department of Transportation

Texas Forest Service

Southern Area Blue Team-Multi jurisdiction

U.S. National Guard

Wyoming Air National Guard

Texas Intrastate Fire & Mutual Aid System

Texas Military – Black Hawk helicopter personnel

U.S. Department of Defense – DC-10 and C-130s personnel

Texas DPS officers

Texas Division of Emergency Management officers

Southern Baptist Disaster Relief

Texas State operations center

Texas Army National Guard

National Park Service

Texas Bureau of Land Management

San Angelo Stock Show & Rodeo Association

Humane Society

Tom Green County Extension Agent staff

United Way of the Concho Valley 955 Turner Street San Angelo, Texas 76903 325-949-3716 April 26, 2011 Mayor Alvin New and San Angelo City Council Members The City of San Angelo Post Office Box 1751 San Angelo, Texas 76902 Re: Wildcat Fire Appreciation Luncheon Dear Honorable Mayor and Council Members: A number of local organizations and businesses will join the United Way of the Concho Valley and West Texas Rehab on May 22 to honor firefighters and volunteers, who valiantly battled the recent Wildcat Fire. A luncheon has been scheduled from 11 a.m. to 2 p. m., Sunday, May 22, at the San Angelo El Paseo. On behalf of the United Way of the Concho Valley I am requesting that the City of San Angelo donate the usage of the entire El Paseo, as well as tables and chairs for this event. In addition, we would be most honored if as City Officials all of you would join us to honor these individuals and their families. Attached you will find a list of departments and agencies that we will invite to join us. Sincerely,

Patti Breitreiter President & CEO attachment

City of San Angelo Civic Events



From: Carl White, Parks and Recreation Director


Contact: Anthony Wilson, Civic Events Manager, 653-5328 or 234-0014


Consideration of authorizing staff to negotiate an agreement between the City of San Angelo and Gary Donaldson Architecture for architectural services for a new livestock barn on the San Angelo Fairgrounds and authorizing the Mayor and/or City Manager to execute said agreement.

Summary: Hiring an architect to design the new livestock barn on the San Angelo Fairgrounds is the f irst s tep t o beginning a nd c ompleting c onstruction of t he f acility, w hich v oters approved i n N ovember’s hal f-cent s ales t ax el ection. A R equest f or Q ualifications process determined that Gary Donaldson Architecture is the most qualified of the six firms that responded to the RFQ.

History: Among t he half-cent s ales t ax pr ojects t hat voters a pproved on Nov. 2 was the construction of a 30,000-square-foot barn in which San Angelo Stock Show exhibitors could h ouse a nd wash t heir livestock. The f acility would r eplace t he much-smaller an d o utdated Q ualtrust bar n on t he southwest c orner of t he S an Angelo Fairgrounds. Construction of the bigger facility will allow the stock show to accommodate more exhibitors. The project has been allocated $1 m illion in half-cent sales tax dollars.

The first step in beginning and completing that project is hiring an architect to design the f acility. C ity s taff i ssued a R equest f or Q ualifications ( RFQ) f or ar chitectural services and received six (6) responses prior to the March 16 deadline. A committee consisting of S an A ngelo S tock S how and R odeo A ssociation E xecutive D irector Justin Jonas, SASSRA board members Brian May, Tony Churchill and Larry Teague, Parks and Recreation Director Carl White, and Civic Events Manager Anthony Wilson reviewed and graded the six responses. On April 8, May, Teague, White and Wilson interviewed the two (2) top-scoring firms: Gary Donaldson Architecture of San Angelo and M WM A rchitects of L ubbock. D onaldson scored hi ghest i n t he r eview of responses to the RFQ (577 points to MWM’s 501) and in the interviews (368 points to 329).

The committee recommends negotiating a contract with Donaldson, believing the firm is most qual ified and can complete the project most efficiently in terms of t ime and budget.

Financial Impact: The project has been allocated $1 million in half-cent sales tax funds. Our experience has been that architecture fees typically represent 6 percent to 7 percent of a project’s total budget if a local firm is used. (Fees are typically 8 percent to 10 percent if an out-of-town architect is hired.)

Related Vision Item N/A

(if applicable):


Donaldson, t he SASSRA an d C ity s taff agr ee t his will b e a f airly s imple construction project that should not yield many design challenges. Donaldson has designed many of t he ot her f acilities an d improvements on the F airgrounds that are managed by the SASSRA. In addition to the depth of that experience, he has a keen knowledge and understanding of the SASSRA’s needs and operations in relation to facilities. To ex pedite t he pr oject, s taff i s r equesting t hat i n addition t o authorizing negotiations w ith D onaldson, the C ouncil a lso au thorize t he Mayor and/or C ity Manager to execute any contract that results from those negotiations. This would allow D onaldson t o be gin his w ork sooner, and might result in t he f acility being finished in time for the 2012 San Angelo Stock Show next February. Should negotiations with Donaldson fail to yield an agreement, staff would seek to negotiate and execute a contract with MWM. The review c ommittee an d s taff r ecommend aut horizing n egotiations with G ary Donaldson Architects and the ex ecution of an y r esulting c ontract b y t he Mayor and/or City Manager.

Attachments: Barn RFQ scoring sheet Justifications for RFQ scoring RFQ No. COL-01-11

Presentation: N/A

Publication: N/A


Carl White, Parks and Recreation Director, April 13, 2011


1

City of San Angelo

Memo To: Roger Banks, Purchasing Manager

From: Anthony Wilson, Civic Events Manager

CC: Carl White, Parks and Recreation Director

Justin Jonas, SASSRA Executive Director

Date: April 28, 2011

Re: RFQ COL-01-11

A six-member committee consisting of San Angelo Stock Show and Rodeo Association representatives Justin Jonas, Tony Churchill, Brian May and Larry Teague, and City staffers Carl White and m yself has r eviewed a nd gr aded t he s ix r esponses t o RFQ CO L-01-11/Architect S ervices f or Show Ba rn. That s creening l ed t o f our m embers of t he c ommittee ( May, T eague, White and m e) interviewing and again grading the top two scoring firms. Having completed this process, the committee recommends the City negotiate a contract for architectural services for the project with Gary Donaldson Architecture. We will offer that recommendation to the City Council on May 3.

Following are the scores and comments that resulted from the initial review of the responses to the RFQ that lead to the committee interviewing Donaldson and MWM Architects:

1. Gary D onaldson Architecture, 577 p oints: C ommittee members w ere most familiar and comfortable with Donaldson, which has designed many SASSRA facilities on the Fairgrounds. That Donaldson is a local firm that has been in business 35 years and is intimately familiar with SASSRA facilities and operations led committee members to bel ieve Donaldson could complete the project more efficiently than any other respondent.

2. MWM A rchitects, 5 01 points: C ommittee members were i mpressed b y MWM’s r esume, which includes working with the Wall ISD and designing many livestock show facilities. They were also impressed by the designs the Lubbock firm highlighted, but noted this is a simple project that will not require creative presentation. While MWM is very f amiliar with l ivestock facilities, it does not have first-hand knowledge of the SASSRA’s needs and operations.

3. BGR Architects, 389 points: BGR has done much work throughout West Texas, but does not have a great deal of experience with livestock show facilities. It boasts a very experienced staff and a long history of serving municipal customers, but listed only two similar facilities to the planned show barn – a vocational agriculture facility in the Frenship school district and a swine facility in the Lubbock ISD.

4. Priefert Complex Designs, 374 points: The committee was concerned by Priefert’s proposed $1.8 million budget for the project, which is nearly twice the $1 million in half-cent sales tax funds that voters approved for the show barn. Otherwise, the firm touts decades of experience specific to livestock facilities and operations.

Page 2

5. Vandergriff Group, 319 points: Some committee members have had personal experiences with V andergriff, and c haracterized t he f irm as slow t o r espond to c ustomers. V andergriff designed Midland County’s Horseshoe Arena, which is recognized as a high-quality facility, along with livestock facilities in Glasscock County. The firm has been in business for 32 years.

6. NZ Architect, 286 points: NZ’s response did not include any experience related to livestock facilities, although it has designed an equestrian facility and some rural campsites.

The interview of Donaldson and MWM on April 8 led to the following scores and comments.

1. Gary Donaldson Architecture, 368 points: Donaldson did not prepare a formal presentation, instead relating his vast working knowledge of and prior experience designing and l ivestock facilities on the San Angelo F airgrounds. H e ex pressed c onfidence t hat, bec ause t his is a simple project and he is a local architect and h e clearly understands the SASSRA’s needs, that the project can be completed within the proposed budget and possibly in time for the 2012 stock show.

2. MWM Architects, 329 points: MWM gave a strong presentation, noting its familiarity with the area ( it has a nd c ontinues t o do work f or and w ith t he Wall I SD) an d i ts ex perience i n designing l ivestock facilities and pr e-engineered m etal bui ldings. I t would par tner with l ocal engineering f irm S KG and t ap P opulous, a f irm t hat s pecializes i n l ivestock bui ldings, f or expertise. MWM ex pressed s ome reservation ab out t he proposed $1 m illion b udget. MWM definitely has a strong team and a good understanding of the project and the needs.

Again, based upon our review of the responses to the RFQ plus the interviews, our committee on May 3 w ill r ecommend t o t he C ity C ouncil t hat i t authorize the C ity t o negotiate a c ontract w ith G ary Donaldson Architecture for architectural services for the new livestock barn.

City of San AngeloProposal Acknowledgment * RFQ: COL-01-11/Architect Services for Show Date: March 16, 2011

Proposals Received City, State1 BGR Architects Lubbock, TX2 Gary Donaldson Architecture San Angelo, TX

3 MWM Architects Lubbock, TX

4 NZ Architect Arlington, TX

5 Priefert Complex Designs Dallas, TX

6 Vandergriff Group Big Spring, TX

NOTE: Include this form with your Agenda Memo

O:\2011 Agenda Packets\05-03-11\CE Barn RFQ scoring sheet

Anthony Wilson, City of San Angelo

Category Max PtsBGR

Architects

Gary Donaldson

ArchitectureMWM

Architects NZ Architect

Priefert Complex Designs

Vandergriff Group

Qualifications 30 20 30 23 5 25 27Capability 25 15 25 24 5 23 24Previous Experience 25 15 25 24 5 23 20Ability to Meet schedules, Deadlines and Budgets 15 11 12 11 5 12 13Proposed Approaches and Schedules 5 3 1 4 1 4 5Reserved 0 0 0 0 0 0 0

Total Score 100 64 93 86 21 87 89Rank 5 1 4 6 3 2

Carl White, City of San Angelo

Category PointsBGR

Architects

Gary Donaldson

ArchitectureMWM



Vandergriff Group


Total Score 100 80 84 82 66 88 90Rank 5 3 4 6 2 1

Justin Jonas, SASSRA

Category PointsBGR

Architects

Gary Donaldson

ArchitectureMWM



Vandergriff Group


Total Score 100 62 100 79 57 35 36Rank 3 1 2 4 6 5

Proposal Acknowledgment * RFQ: COL-01-11/Architect Services for Show BarnDate: March 16, 2011

O:\2011 Agenda Packets\05-03-11\CE Barn RFQ scoring sheet Page 1 of 4


Tony Churchill, SASSRA

Category PointsBGR

Architects

Gary Donaldson

ArchitectureMWM



Vandergriff Group


Total Score 63 100 82 42 63 32Rank 3 1 2 5 3 6

Brian May, SASSRA

Category PointsBGR

Architects

Gary Donaldson

ArchitectureMWM



Vandergriff Group


Total Score 65 100 85 48 37 41Rank 3 1 2 4 6 5

Larry Teague, SASSRA & COSADC

Category PointsBGR

Architects

Gary Donaldson

ArchitectureMWM



Vandergriff Group


Total Score 100 55 100 87 52 64 31Rank 4 1 2 5 3 6





Committee Member Summary

CategoryTotal

PointsQualifications 180 117 174 149 75 101 95Capability 150 98 145 129 74 121 93Previous Experience 150 92 149 139 64 108 78Ability to Meet schedules, Deadlines and Budgets 90 63 84 59 56 24 39Proposed Approaches and Schedules 30 19 25 25 17 20 14Reserved 0 0 0 0 0 0 0

Total Score 600 389 577 501 286 374 319Rank 3 1 2 6 4 5

Attach a Written Justification for each company's ranking and forward to Purchasing

NOTE: Attached this form and the Written Justification to your Agenda Background Memo

BGR Architects

Gary Donaldson

ArchitectureMWM



Vandergriff Group


Anthony Wilson, City of San Angelo

Category Max PtsBGR

Architects

Gary Donaldson

ArchitectureMWM



Vandergriff Group


Total Score 100 0 98 93 0 0 0Rank 3 1 2 3 3 3

Carl White, City of San Angelo

Category PointsBGR

Architects

Gary Donaldson

ArchitectureMWM



Vandergriff Group


Total Score 100 0 86 92 0 0 0Rank 3 2 1 3 3 3

Brian May, SASSRA

Category PointsBGR

Architects

Gary Donaldson

ArchitectureMWM



Vandergriff Group


Total Score 100 0 89 73 0 0 0Rank 3 1 2 3 3 3

Interview Ranking WorksheetRFQ: COL-01-11/Architect Services for Show Barn

Date: March 16, 2011

Larry Teague, SASSRA

Category PointsBGR

Architects

Gary Donaldson

ArchitectureMWM



Vandergriff Group


Total Score 0 95 71 0 0 0Rank 3 1 2 3 3 3

Category PointsBGR

Architects

Gary Donaldson

ArchitectureMWM



Vandergriff Group


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

Category PointsBGR

Architects

Donaldson

ArchitectureMWM


Complex Designs

Vandergriff Group


Total Score 100 0 0 0 0 0 0Rank 1 1 1 1 1 1

Committee Member SummaryCategory

Points


Vandergriff Group

BGR Architects

y Donaldson

ArchitectureMWM


Complex Designs

Total Score 600 0 368 329 0 0 0Rank 3 1 2 3 3 3

Texas Local Government Code - Chapter 2254

(1) first select the most highly qualified provider of those services on the basis of demonstrated competence and qualifications; and

(2) then attempt to negotiate with that provider a contract at a fair and reasonable price.

(b) If a satisfactory contract cannot be negotiated with the most highly qualified provider of architectural, engineering, or land surveying services, the entity shall:

Sec. 2254.005. VOID CONTRACT. A contract entered into or an arrangement made in violation of this subchapter is void as against public policy.

Sec. 2254.004. CONTRACT FOR PROFESSIONAL SERVICES OF ARCHITECT, ENGINEER, OR SURVEYOR. (a) In procuring architectural, engineering, or land surveying services, a governmental entity shall:

(1) formally end negotiations with that provider;

(2) select the next most highly qualified provider; and

(3) attempt to negotiate a contract with that provider at a fair and reasonable price.

(c) The entity shall continue the process described in Subsection (b) to select and negotiate with providers until a contract is entered into.

5. Upon finalizing the contract, the Project must request the City Council to Award the Contract before any service may be provided.

1. Each committee member should rank each company based on their evaluation of the proposal submitted vs. the Selection criteria

2. The Project Manager must provide a written justification summary for each company's scoring

3. Once a company has been selected, the project must submit to the City Council a request to negotiate on behalf of the City to enter into a contract.4. All contracts must be approved by the Legal Department

City of San Angelo



From: Brian Dunn, Fire Department

Subject: Agenda Item for April 19, 2011 Council Meeting

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

Caption: Regular Item

Consideration of First P ublic he aring t o I ntroduce an O rdinance Amending Fire Department Classified Positions Specifically Driver

Summary: The San A ngelo F ire D epartment c urrently has 66 dr ivers’ pos itions. D uring budget discussion last year the question was asked why we have what amounts to 2 drivers for each fire apparatus. The reason the fire department has this many drivers i s bec ause of t aking ov er E MS in 1979. T he adm inistration a t t he t ime didn’t k now ho w t o d eal w ith t he am bulances an d pr omoted a l ot of peop le t o driver.

I know of no other fire department anywhere that has more than 1 driver per fire apparatus. F ire departments t hat a lso h ave t he am bulance s ervice ha ve firefighters driving the ambulances. We started doing this about 2 years ago and it works well.

The idea is to reduce the amount of drivers from 66 to 33 through attrition. We will in t urn go f rom 62 t o 95 f irefighters as w e r eplace d rivers. T he t otal personnel numbers will remain the same.

The s avings f rom r educing t he num ber of per sonnel i n t he dr iver position an d reallocating them as firefighters will be in the $390,000 range. It will probably take 5 years to get down to 33 drivers through attrition.

We propose to use some of these saving to increase the ambulance assignment pay. We propose raising the assignment pay to $75 per shift as of January 1, 2012 and to $100 p er s hift onc e 16 dr ivers p ositions have be en eliminated t hrough attrition.

The c ost of r aising t his as signment pa y will be offset f rom t he r eduction of t he number of dr ivers. T he c ost t o r aise t he as signment p ay to $ 100 per s hift is $182,500. This cost will be covered once we have reduced the driver number by 16. This will leave in excess of $200,000 once the final number is reached. We would ask that the balance of the savings be used to correct the short coming with the longevity plan as it is saved through attrition.

History: N/A

Financial Impact: NO ADDITIONAL COSTS… BUT FUNDS A RE R EALLOCATED WITHIN THE BUDGET

Related Vision Item

(if applicable):

N/A

Other Information/ Staff recommends approval.

Recommendation:

Attachments: FD Fire Fighter Positions ORD.doc

Presentation: By Chief Dunn

Publication: N/A


Chief Dunn on 4/6/2011

Approved by Legal: 2/15/11

AN ORDINANCE A MENDING CHA PTER 2 ENTITLED “ADMINISTRATION” OF THE CODE OF ORDINANCES OF THE C ITY O F SAN AN GELO BY AM ENDING ARTICLE 2.1500, ENTITLED “ CLASSIFIED SER VICE,” SEC TION 2.1502, ENTITLED “CLASSIFICATION PLAN,” PARAGRAPH (b), EN TITLED “ STAFFING L EVELS,” SU BPARAGRAPH (1)(A), ENTITLED “FIRE DEPARTMENT,” TO CHANGE THE NUMBER OF AUTHORIZED P OSITIONS F OR THE F IRE DEPARTMENT BY DECREASING THE NUMBER OF FIRE ENGINEER (DRIVER) FROM S IXTY-SIX (66) TO THIRTY-THREE ( 33), A ND I NCREASING T HE NUMBER OF FIRE FIGHTER FROM S IXTY-TWO ( 62) T O N INETY-FIVE ( 95), SAID CHANGE TO BE EFFECTIVE ON MAY 3, 2011 AND; PROVIDING F OR SEVER ABILITY, AND P ROVIDING EFFECTIVE DATES

BE IT ORDAINED BY THE CITY OF SAN ANGELO:

1) THAT, Chapter 2, Article 2.1500, Section 2.1502, Paragraph (b), Subparagraph (1)(A), of the Code of Ordinances of the City of San Angelo, Texas, is hereby amended to read as follows:

Sec. 2.1502 Classification Plan (b) Staffing Levels – The following is the authorized number of positions for the Fire and Police Departments: (1) (A) Fire Department

-Fire Chief 1 -Assistant Chief 2 -Battalion Chief 4 -Fire Captain 12, effective 4-1-06 -Fire Lieutenant 18, effective 4-1-06 -Fire Engineer (or Driver) 33, effective 5-3-11 -Fire Fighter 95, effective 5-3-11

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 dates specified in Subparagraph (1) through attrition.

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

APPROVED and ADOPTED on this the ____ day of _______________, 2011.

CITY OF SAN ANGELO ATTEST: BY:

Alvin New, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: Brian Dunn, Fire Chief Lysia H. Bowling, City Attorney

City of San Angelo



From: Shawn Lewis, Director of Community & Economic Development

Subject: Agenda Item for April 15, 2011 Council Meeting

Contact: Shawn Lewis or AJ Fawver, 657-4210


First reading of an ordinance amending Chapter 10, Article 10.100 entitled “Parking Restricted in Residential Districts,” Section 10.1005 entitled “Exceptions,” of the Code of Ordinances, City of San Angelo, Texas, by amending Section 10.1005 and adding Subsection 10.1005(5) to the list of exceptions allowed from the general prohibition on parking t railers, s emi-trailers, pol e t railers, c ommercial v ehicles, t ruck t ractors an d recreational vehicles on a s treet or lot in a residential district; providing for severability and providing for an effective date

Summary: In Mar ch, C ouncilman S ilvas c ontacted m e r egarding a local h ome r emodeling contractor who had nar rowly av oided being issued a c itation b y t he S an Angelo Police D epartment f or hav ing his c ontractor t railer o n t he s treet i n a r esidential area. After checking the Code of Ordinances and asking a handful of staff members about the City’s Parking Restriction policy, it became clear that City staff was no t aware of a prohibition of contractor t railers i n ac tive use at a residence that is under construction or remodeling. Councilman Silvas asked staff to modify the ordinance to allow contractor trailers in residential areas.

History: The attached ordinance amendment allows contractors who are actively engaged in work at a residence to park their trailers on the street in front of the property at which t hey are working. T he on ly limitation o n c ontractor t railers i s t hat t railers may n ot be parked o vernight and m ust hav e t heir business nam e and p hone number clearly displayed on the trailer (this requirement already exists in the San Angelo Building Code).

This amendment does not change provisions in the current ordinance which prohibit 18 -wheelers, livestock t railers, R Vs, personal ut ility t railers ( like a homeowner’s flatbed trailer), etc. This change only allows trailers in use by contractors at the property where work is being performed.

Financial Impact: N/A

Related Vision Item

(if applicable):

N/A


Staff recommends approval of the attached ordinance amendment.

Attachments: Revised ordinance am endment based on di scussion f rom 4/ 19/11 C ity C ouncil meeting.

Presentation: Shawn Lewis, Director of Community & Economic Development

Publication:


Shawn Lewis

Approved by Legal: Yes

AN O RDINANCE A MENDING CHA PTER 1 0, ARTICLE 1 0.100 ENTITLED “ PARKING RE STRICTED I N RE SIDENTIAL DI STRICTS,” SECTION 1 0.1005 E NTITLED “ EXCEPTIONS,” O F T HE CO DE O F ORDINANCES, C ITY O F SAN AN GELO, T EXAS, BY AM ENDING SECTION 1 0.1005 A ND A DDING S UBSECTION 10.1005(5) T O THE LIST O F E XCEPTIONS A LLOWED F ROM T HE G ENERAL PROHIBITION O N PAR KING T RAILERS, SEM I-TRAILERS, P OLE TRAILERS, CO MMERCIAL V EHICLES, T RUCK T RACTORS A ND RECREATIONAL V EHICLES O N A STREET OR L OT I N A RESIDENTIAL DI STRICT; P ROVIDING F OR S EVERABILITY A ND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the governing body for the City of San Angelo, in compliance with

the ch arter and t he st ate l aw with r eference t o or dinance a mendments, h ave g iven requisite notice by publication and otherwise, and after holding hearings and affording a full and fair he aring t o al l per sons interested, g enerally, i s of t he opi nion t hat amendment to the Code of Ordinances for the City of San Angelo should be made as set out herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: 1) THAT C hapter 1 0, S ection 10. 1005 of the C ode o f O rdinances, C ity of San Angelo, Texas, i s hereby am ended i nsofar as an ad dition t o allowed “ Exceptions” t o read as follows: SECTION 10.1005 Exceptions, Subsection (5)

(5) Any t railer ( including semi-trailers designed to be t owed by pick-up t ruck and n ot a t ruck tractor) of a co ntractor per forming w ork in a r esidential district, w hile sa id co ntractor i s engaged i n per forming su ch w ork, an d subject to all the following conditions:

(A) The t railer (o r semi-trailer designed to be towed by pick-up t ruck and

not a truck tractor) must be in use by either of the following:

(i) A lawn mowing, l andscaping, pai nting, m asonry, i nsulation, carpentry or ot her su ch co ntractor engaged i n bui lding or grounds maintenance and i mprovement, n ot r equired t o be registered w ith t he C ity of S an A ngelo u nder the t erms of Section 4 .205 in this C ode o f O rdinances. Trailers (including semi-trailers designed to be towed by a pick-up truck and not a truck tractor) i n use by such contractors shall cl early have t he name of the co ntracting busi ness or s ervice, as w ell as an appropriate t elephone nu mber for t hat b usiness or se rvice,

displayed on the vehicle itself or on a sign placed on the vehicle and clearly visible from the public right-of-way.

(ii) A building- or g rounds-related co ntractor r equired t o be registered with the City of San Angelo, under terms of Section 4.205 in this Code of Ordinances. Contractors required to be so registered i nclude b ut ar e n ot l imited t o g eneral c ontractors, building co ntractors, el ectrical co ntractors, m echanical contractors, pl umbing co ntractors, r oofing co ntractors, fence contractors, si gn co ntractors, i rrigation co ntractors, w ater treatment i nstallers, and bui lding maintenance personnel. Trailers (including semi-trailers designed to be towed by pick-up trucks and not a t ruck tractor) in use by Registered Contractors shall clearly have displayed the Registered Contractor Number preceded by or be neath the w ords “Registered C ontractor” or the letters “RC” on the vehicle i tself or on a sign placed on the vehicle and clearly visible from public right-of-way. Contractors otherwise required to maintain a license with the State of Texas and display a l icense number on t heir t railer or semi-trailer are exempt from the requirements of this subparagraph (A) (ii).

(B) The t railer (or semi-trailer designed to be towed by pick-up t ruck and

not a truck tractor) is parked only between the hours of 6:00 a.m. and 10:00 p. m., unl ess that t railer or se mi-trailer is parked o n pr ivate property and not in public right-of-way for a street or alley. If on private property, t he c ontractor’s trailer or s emi-trailer m ay be par ked continuously, so long as the contractor remains engaged in performing work there. This section d oes not a pply t o contractors or service pr oviders responding to emergency situations.

(C) If on public right-of-way for a st reet or al ley in a r esidential district, a

contractor’s trailer ( or se mi-trailer desi gned t o be t owed by pi ck-up truck and not a truck tractor) shall be parked:

(i) immediately adj acent to t he cu rb or e dge o f i mproved driving

surface o n a st reet directly adj oining pr ivate pr operty w here work (assisted by the trailer or semi-trailer) is being performed, so l ong as such t railer or se mi-trailer i s parked l awfully i n compliance with traffic and parking regulations; or

(ii) in an al ley di rectly adjoining pr ivate pr operty where work

(assisted by t he t railer or se mi-trailer) i s being per formed, s o

long as such t railer or se mi-trailer is parked l awfully i n compliance with traffic and parking regulations.

(D) The t railer (or semi-trailer designed to be towed by pick-up t ruck and

not a t ruck tractor) m ust b e use d t o st ore material, eq uipment, t ools and/or supplies necessary for work being performed by a contractor.

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

SEVERABILITY:

The t erms and pr ovisions of t his Ordinance sh all be dee med t o be severable in that, if any portion of this Ordinance shall be d eclared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.

3) THAT t his Ordinance sh all be e ffective from an d a fter t he dat e o f i ts adoption. INTRODUCED on the 19th day of April, 2011 and finally PASSED, APPROVED and ADOPTED on this the 3rd day of May, 2011.

THE CITY OF SAN ANGELO, TEXAS

_________________________ Alvin New, Mayor

Attest: _____________________ Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: ______________________ ____________________________ Lysia H. Bowling, City Attorney AJ Fawver, Planning Manager

SAN ANGELO CHAMBER OF COMMERCE 2011 1st QUARTER ECONOMIC DEVELOPMENT REPORT TO:

CITY COUNCIL CITY OF SAN ANGELO DEVELOPMENT CORPORATION

TOM GREEN COUNTY COMMISSIONERS ECONOMIC DEVELOPMENT COUNCIL

I. GENERAL ACTIVITES

II. MARKETING

III. MARCH 31, 2011 FINANCIAL STATEMENTS

GENERAL ACTIVTIES JANUARY – MARCH 2011

Assistance was provided: Assistance was provided to a local company working through a debt consolidation process. Available building and employment information was sent to a site selection consultant. A local CPA firm requested a list of retail establishments in San Angelo. A database was sent to assist the client. Staff met with and gave data to a prospective property developer who is looking at the southeastern section of the city. Real estate information was provided to a site selection consultant, and cost of living data was provided to a local law office. An information packet was distributed to an agency in Killeen who called and requested demographic information. Meetings and events: John attended Texas Midwest Community Network (TMCN) Day in Austin. Members had a chance to talk with State Representatives at multiple functions, including a dinner with Representatives in the TMCN area. Those present were Representatives: Drew Darby (San Angelo), Rick Hardcastle (Vernon), Harvey Hilderbran (Kerrville), Susan King (Abilene), Jim Keffer (Eastland), Jim Landtroop (Plainview), and Sid Miller (Stephenville). John attended the High Ground of Texas board meeting and marketing committee meeting in Lubbock. Hope represented the Chamber at the Junior Leadership Forum where 100 area high school sophomores attended a one-day leadership training. John met with a Standard-Times reporter to give an update on the local economic climate. Staff attended and supported a request at the City Council meeting where job retention incentives were approved for Ethicon, and the Tom Green County Commissioner’s Court to support the City’s request for a tax abatement for an expansion project at Ethicon. John attended a meeting with the Christoval Independent School District to discuss the future population issues in that area. John attended the Transmission Summit 2011 in Sweetwater in January.

John addressed the SBDC’s graduation ceremony for the Small Business Management Certification Program. John and Phil met with the Midland Chamber staff and leadership to overview our economic development program. Staff assisted with the March 9th COSADC meeting where Lorie Vincent, Executive Director of the High Ground of Texas, presented information to the board on the organization and basic economic development best practices. John attended the West Texas Training Center Advisory Board meeting. At the March Economic Development Council meeting, the group received an update on the BREP survey that was distributed to local businesses. The BRC committee met monthly to discuss future daily operations of the center. John participated in a marketing committee meeting for Texas Midwest Community Network. Hope met with a member of the "Link 2 Business" committee to discuss particulars of the database, and an advertising spot was secured at the upcoming SBDC seminar “Doing Business with the Government”. Prospects: John continued to work with two local companies on expansion projects. Work continues with several prospects including local businesses and a specialized educational institution. John met with a gentleman looking to open a new business in San Angelo. Staff continued to work with a local company looking for expansion, meeting with the company and a representative from SBDC. Phil met with a company looking to locate a regional office in San Angelo. The information they requested was later sent to the executives. John connected a local manufacturing company looking to expand to the realtor representing the Taylor Publishing building. A response to Project Apollo (data center) was submitted in March, after a week of preparations. John worked with a national company in the healthcare industry interested in locating in San Angelo. Time was spent assisting a local manufacturer in locating a new building. The company has outgrown its current location. Work continued on an RFP obtained from the state.

Miscellaneous: Hope collected cost of living data for the first quarter of 2011. The BREP survey was approved, and the Chamber distributed the survey to local businesses through electronic avenues like e-blasts and Facebook. Due to a limited number of responses from manufacturing companies in regards to the BREP survey, letters inviting them to participate in the survey were mailed out toward the end of the collection period. The Economic Development Awards committee met, reviewed nominations, and selected the 2011 award recipients. Recipients were notified, and preparations began for the April luncheon. John spoke with new owners of a vacant building in town. They are looking to sublease the back part of the building, which has high ceilings.

MARKETING

JANUARY – MARCH 2011

The 2011 Community Profiles were completed in the first quarter. This redesigned piece is being distributed to potential new businesses, expanding businesses, and interested individuals to showcase our area. The package is based on the theme, “Shhh! It’s a Secret!” and includes information on local demographics, businesses, trends, and quality of life. One quarter page advertisement was placed in the March/April issue of Trade and Industry Development. Each issue is mailed to specific industry segments and corporate real estate executives and site selection consultants with a total circulation per issue of 25,000. Page 6 The same quarter page advertisement was placed in the March edition of Area Development. Page 7 One vertical half page advertisement was placed in the April issue of Wind Systems Magazine. The April publication is the pre-AWEA (American Windpower Energy Association) Windpower Expo issue. John will be attending the American Wind Show in Anaheim, California in May. The magazine is a platinum media sponsor for the show, and the magazine will be passed out at their booth and at the pub bins throughout the convention center. This issue will also be distributed to their normal circulation of 15,000 subscribers. Page 8 One vertical ad was placed in the San Angelo map produced by the Chamber. The map is sold in the Visitor Center, distributed to advertisers, and used in marketing packets when companies request information. Page 9 A newsletter touting the recent recognition San Angelo has received was sent to site selection consultants. Page 10 We continue to use our Facebook page as a marketing tool, posting 3-4 items each week. Items posted this quarter included: membership associations, upcoming events, participation in the BREP survey, Cornerstone luncheon pictures, local sales tax allocations, monthly business barometer, business tips, and promoting the 2011 Dozen Distinctive Destinations fan favorite contest. Page 11

Shhh! It’s a secret!

sanangelo.orgClick on Business & Economic Development

Shhh. It’s a secret!

San Angelo, Texas

Relocation/expansion assistance

Daily flights to Dallas/Ft. Worth airport

Excellent workforce training facilities

Pro business environment

Highly educated workforce

Premier medical facilities

Business incubator

Angelo State University

Goodfellow Air Force Base

Short commute times

Fine arts and nightlife

Scenic riverwalk and 3 area lakes

sanangelo.org/uptown.php

For information on locating your business in San Angelo, contact John Dugan, VP Marketing & Recruitment, San Angelo

Chamber of Commerce, at (877) 655-4136 or [email protected].

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

City of San Angelo

Memo Date: 2/9/11


From: Chief Tim Vasquez


Contact: Chief Tim Vasquez, 657-4336


Discussion and possible action on proposed parade routes

Summary: The C ity of S an Angelo c urrently h as approximately 6 parades eac h year. T he route for the parades are established by the organization putting on the parade. By setting a route for ev ery parade t he P olice D epartment w ill be able t o eliminate some Officers positions f rom working the parade. The route will be standardized by the number of parade entries. History: The Police D epartment pays o vertime t o O fficers t o c ontrol t raffic and t he intersections for parades. The Police Department proposed the new parade route during budget discussions in 2010. Financial Impact: The Police D epartment w ill be abl e t o s ave m oney on manpower d uring parades. The new route will allow the Police Department to lower the number of Officers on duty from 2 0-32 Officers to 16-20 O fficers depend ing on the p arade. T he appr oximate s avings p er parade will be $840 for small parades and $2,500 for large parades. Related Vision Item (if applicable): N/A

Other Information/Recommendation: Staff r ecommends moving f orward with t he new p arade route. Attachments: None Presentation: Map of proposed routes Publication: N/A Reviewed by Service Area Director: Chief Tim Vasquez, Police Department

4/21/2011

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4/21/2011

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City of San Angelo

Memo Date: 4/21/11


From: Finance Department, Michael Dane

Subject: Agenda Item for (5/03/11) Council Meeting

Contact: Michael Dane, Finance Department, Phone# 657-4268


First public hearing and introduction of an Ordinance amending Chapter 2, Administration, Article 2.2000 of the City of San Angelo Code of Ordinances related to accepting credit card payments and providing for a processing fee.

Summary: Credit Cards are currently utilized by Municipal Court for payment of Fees and Fines. Processing charges associated with credit card usage have been paid by the City since the inception of this process. The proposed ordinance amendment will allow a processing fee to be applied to credit card users.

History: None

Financial Impact: Credit card fees paid by the C ity will be between $80,000 and $100,000 this year. Approving an amendment of this ordinance will allow these charges to be paid by the credit card users. Related Vision Item (if applicable): None.

Other Information/Recommendation: Staff recommends approval of this ordinance amendment. Attachments: 2011 Ordinance Credit Card Fees – Municipal Court Presentation: No special equipment is required. Michael Dane will present additional information on

this ordinance. Publication: none Reviewed by Service Area Director: Michael Dane, Finance, 4/27/11

Approved by Legal: Legal provided ordinance amendment 4/5/11.

AN ORDINANCE AMENDING CHA PTER 2, ADMINISTRATION, ARTICLE 2.2000, MUNICIPAL COURT FEES, BY ADDING SECTION 2.2007 AUTHORIZING THE ACCEPTANCE OF CREDIT CARDS AS PAYMENT FOR FEES, FINES, COURT COST, OR OTHER CHARGE ON BEHALF OF THE CITY, PROVIDING FOR A PROCESSING FEE, PROVIDING SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 132.002(b)(1) Texas Local Government Code gives the

governing b ody of a m unicipality t he a uthority t o aut horize a m unicipal of ficial t o collect f ees, fines, co urt co st or ot her ch arge by acc eptance of paym ent by cr edit card; and

WHEREAS, Chapter 132. 002(b)(2) T exas Local G overnment C ode authorizes the municipal official to collect a fee for processing the collection of fees, fines, court cost or other charge by credit card,

NOW THEREFORE, BE I T O RDAINED B Y THE CI TY COUNCIL O F THE CITY OF SAN ANGELO, TEXAS:

1) THAT, the following Section will be added to Chapter 2, Article 2.2000 of the Code of Ordinances of the City of San Angelo, Texas: Section 2.2007 Credit Card Processing Fees (a) Payment of Fees or Costs by Credit Card or E lectronic Means. The municipal court clerk and any other municipal officer collecting fees, fines, court cost and other charge for the municipal court for the City are hereby authorized to accept payment by credit card of such fees, f ines, court cost or other charge and to collect a f ee for processing the payment by credit card. (b) Processing or Handling Fee. The municipal court clerk and any other municipal officer is hereby authorized and directed to assess a processing fee not to exceed five ( 5%) per cent of t he amount o f t he fee, fine, co urt co st, or ot her ch arge bei ng paid by the use of a credit card, as an amount reasonably necessary and related to the expense incurred by the City, as authorized by Section 132.003(b), Texas Local Government Code. (c) Service Charge. If for any reason a payment by credit card is not honored by the credit card company on which the funds are drawn, the municipal officer shall collect a service charge from the person who owes the fee, fine, court cost, or other charge to the City. T he service charge is in addition to the or iginal fee, f ine court cost, or other ch arge and i s for t he co llection of t hat original amount. T he amount of t he service charge shall be the same amount as the fee charged for the collection of a check drawn o n a n account with i nsufficient f unds, as authorized b y Section 132.004, Texas Local Government Code.

(d) Encumbrance o f C redit C ards. The Presiding Ju dge is hereby authorized t o enter into agreements with companies which issue credit cards to collect and seize credit cards issued by the company that are outdated or otherwise unauthorized and the Judge i s further authorized t o charge t he company a f ee for the return of said credit cards, as authorized by Section 132.005, Texas Local Government Code. (e) Disposition of Fees and Charges. Processing fees and service charges collected pursuant to this ordinance shall be deposited in the general fund of the City, as provided by Section 132.006(b), Texas Local Government Code.

SEVERABILITY:

That t he t erms and pr ovisions of t his Ordinance sh all be deemed t o 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 day of , 2011, and finally PASSED,

APPROVED and ADOPTED on this the day of , 2011.

CITY OF SAN ANGELO

ATTEST: BY:

Alvin New, Mayor

Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: Allen Gilbert, Municipal Court Judge Lysia H. Bowling, City Attorney


City of San Angelo

Memo Date: 4/21/11


From: Finance Department, Michael Dane

Subject: Agenda Item for (5/03/11) Council Meeting

Contact: Michael Dane, Finance Department, Phone# 657-4268


First public hearing and introduction of an Ordinance amending Appendix A, entitled “Fee Schedule” of the City of San Angelo Code of Ordinances related to accepting credit card payments and providing for a processing fee.

Summary: Credit Cards are currently utilized by Water Utilities, Civic Events, Recreation, Fort Concho, Permits, and Finance. Processing charges associated with credit card usage have been paid by the City since the inception of this process. The proposed ordinance amendment will allow a processing fee to be applied to credit card users.

History: None

Financial Impact: Credit card fees paid by the C ity will be between $80,000 and $100,000 this year. Approving an amendment of Appendix A will allow these charges to be paid by the credit card users. Related Vision Item (if applicable): None.

Other Information/Recommendation: Staff recommends approval of this ordinance amendment. Attachments: 2011 Credit Amend Appendix A Presentation: No special equipment is required. Michael Dane will present additional information on

this ordinance. Publication: none Reviewed by Service Area Director: Michael Dane, Finance, 4/27/11

Approved by Legal: Legal provided ordinance amendment 4/5/11.

AN O RDINANCE AMENDING APPEN DIX A, EN TITLED “F EE SCHEDULE”, O F T HE CO DE O F O RDINANCES O F T HE CI TY O F SAN AN GELO, T EXAS BY AD DING A N EW ARTICLE 1 4.4000 AUTHORIZING THE ACCEPTANCE OF CREDIT CARDS AS PAYMENT FOR CI TY P ROVIDED S ERVICES, PROVIDING F OR A PROCESSING FEE, PROVIDING SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Chapter 132.002(b)(1) Texas Local Government Code gives the

governing b ody of a m unicipality t he a uthority t o aut horize a m unicipal of ficial t o collect fees for City provided services by acceptance of payment by credit card; and

WHEREAS, Chapter 132. 002(b)(2) T exas Local G overnment C ode authorizes the m unicipal of ficial to co llect a f ee f or processing t he City pr ovided services fees when payment is made by credit card,

NOW THEREFORE, BE I T O RDAINED B Y THE CI TY COUNCIL O F THE

CITY OF SAN ANGELO, TEXAS: 1) THAT, the following Article be added to Appendix A, Fee Schedule of the

Code of Ordinances of the City of San Angelo, Texas: Article 14.000 Credit Card Processing Fees: (a) Payment of Fees or Costs by Credit Card or E lectronic Means. The municipal official collecting f ees for City pr ovided se rvices is hereby aut horized t o acce pt payments by credit ca rd and t o co llect a f ee f or processing t he payment by credit card. (b) Processing or H andling F ee. T he m unicipal of ficial i s hereby authorized and directed to assess a processing fee not to exceed five (5%) percent of the amount of the fees for City provided services being paid by the use of a credit card, as an amount reasonably necessary and related t o t he expense incurred by t he C ity, as authorized by Section 132.003(b), Texas Local Government Code. (c) Service Charge. If for any reason a payment by credit card is not honored by the credit card company on which the funds are drawn, the municipal official shall collect a service charge from the person who owes the fees for City provided services. The service ch arge i s in a ddition t o t he original f ees and i s for t he co llection of t hat original amount. The amount of the service charge shall be the same amount as the fee charged for the collection of a check drawn on an account with insufficient funds, as authorized by Section 132.004, Texas Local Government Code. (d) E ncumbrance o f C redit C ards. The Mayor, C ity M anager or their D esignee is hereby authorized to enter into agreements with companies which issue credit cards to co llect and se ize c redit ca rds issued b y the co mpany t hat ar e out dated or otherwise unauthorized and t he Mayor, City Manager or their Designee, is further

authorized t o ch arge t he co mpany a f ee for t he r eturn of sa id cr edit ca rds, as authorized by Section 132.005, Texas Local Government Code. (e) Disposition of Fees and Charges. Processing fees and service charges collected pursuant t o t his ordinance shall be d eposited i n t he gener al f und of t he C ity, as provided by Section 132.006(b), Texas Local Government Code.

SEVERABILITY:

That t he t erms and pr ovisions of t his Ordinance sh all be deemed t o 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) T HAT, t his Ordinance shall b e ef fective on, from and after t he date of adoption.

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

APPROVED and ADOPTED on this the day of , 2011.

CITY OF SAN ANGELO

ATTEST: BY:

Alvin New, Mayor

Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: Douglas Cooper, Cash & Debt Analyst Lysia H. Bowling, City Attorney


City of San Angelo

Memo Date: 04/25/2011


From: Bill Smith , Accounting Department

Subject: Agenda Item for 05/03/2011 Council Meeting

Contact: Bill Smith , Accounting Department 657-4271


Consideration of accepting the City of San Angelo’s FY2010 Comprehensive Annual Financial Report (CAFR) as presented through the city’s audit committee.

Summary: The CAFR is an audited report that provides financial information on the City of San Angelo. It is for the fiscal year ended September 30, 2010.

History: An au dit is r equired and c ompleted on an a nnual bas is a nd c overs t he C ity’s f iscal year beginning October 1 and ending September 30.

Financial Impact: None Related Vision Item (if applicable): None.

Other Information/Recommendation: None Attachments: Audit on CD is enclosed Presentation: None Publication: None. Reviewed by Service Area Director:

City of San Angelo

Memo Meeting Date: May 3 2011

To: Mayor and City Council members

From: Bradley Stone, Principal Planner

Subject: appeal to City Council, concerning Planning Commission’s approval of

Conditional U se ( CU 1 1-03) al lowing sa le of alcoholic beverages for consumption on premises of subject property

Location: 6005-6007 Knickerbocker Road, at southwest corner of Red Bluff and

Knickerbocker Roads in southern San Angelo, specifically on Lot 2 i n Block 2 of Lake Nasworthy Addition Group 21

Contacts: Sherri H. and John W. Jones 944-9140 or 656-8316

Bradley Stone, Principal Planner and

AJ Fawver, Planning Manager 657-4210

Caption: Consideration o f appe al from P lanning C ommission’s r ecent ( 03-21-2011)

decision to approve a Conditional Use allowing sales of alcoholic beverages for on-premise consumption at 6005-6007 Knickerbocker Road on southwest corner of Red Bluff and Knickerbocker Roads, specifically on Lot 2 in Block 2 of Lake Nasworthy Addition Group 21.

Summary: The P lanning C ommission has made a d ecision t o allow sa les of al coholic beverages for consumption on the subject property, so long as City Council i s inclined to change t he base zoning c lassification of t hat sa me pr operty, f rom a N eighborhood Commercial (CN) to a General Commercial (CG) District. However, that decision by the Planning Commission may be appealed to San Angelo’s City Council. O fficials from a ne arby ch urch ( Glen M eadows Baptist C hurch) have f ormally appealed the matter and ar e asking City Council to reconsider the Planning Commission’s previous approval of permission to sell alcoholic beverages for consumption on this subject property. In doing so, the City Council may:

• reverse the Planning Commission’s previous action to permit selling alcoholic beverages for consumption on this property;

• affirm the P lanning Commission’s previous action t o p ermit s elling a lcoholic beverages for consumption on this property, subject to the same conditions stipulated by the Planning Commission; or

• affirm the P lanning Commission’s previous action t o p ermit s elling a lcoholic beverages for consumption on this property, but modifying the conditions stipulated by the Planning Commission in its motion for approval.

Even i f City C ouncil a ffirms the P lanning C ommission’s approval o f per mission t o se ll alcoholic beverages for consumption on t he s ubject pr operty, su ch a pproval will have no effect until and unless City Council decides to also approve changing this property’s zoning to a General Commercial District. Surrounding Zoning and Land Use: North Neighborhood Commercial (CN) self-service storage, vacant retail building East Single-Family Residence (RS-1) single-family residences, Glen Meadows Baptist Church South no zoning; outside City limits electric power station (closed) West Neighborhood Commercial (CN) self-service storage

Background:

San A ngelo’s Zoning O rdinance e mpowers the Planning C ommission t o appr ove “Conditional U ses” as they ap pear on t he “Use T able” i n S ection 310 of t he z oning ordinance. This Use T able i dentifies certain ca tegories of use as always being al lowed, depending on the zoning classification. Certain other categories of use are never allowed, depending o n t he zoning cl assification. S till other ca tegories of use are a llowed in each zoning classification only as Conditional Uses. This means such uses are allowed at some specific location in that particular zoning district only with the Planning Commission’s approval, after a publ ic hearing on the matter. Such Conditional Uses may be appropriate at some but perhaps not all locations in the zoning district(s) where potentially allowed.

According to Zoning O rdinance S ection 3 10, selling al coholic beverages for on -premise consumption is allowed in General Commercial (CG) zoning districts only with approval of just such a Conditional Use. This does not include restaurants where alcoholic beverages are pr ovided as a su pplemental se rvice and that ar e el igible f or a “ Food and B everage Certificate” from the Texas Alcoholic Beverage C ommission. S uch r estaurants are categorized as retail s ervices and ar e al ways al lowed in both N eighborhood C ommercial (CN) and General Commercial (CG) zoning districts.

At its meeting on March 21 of 2011, San Angelo’s Planning Commission approved Sherri and John W. Jones’ request f or approval of a Conditional Use allowing sales of alcoholic beverages for consumption on property at 6005-6007 Knickerbocker Road.

During the thirty-day per iod allowed by zoning regulations, officials from nearby Glen Meadows Baptist Church formally appealed the Planning Commission’s approval of Sherri

and John W. Jones’ request, to San Angelo’s City Council. Zoning Ordinance Subsection 208.H sp ecifically c oncerns City C ouncil co nsideration of appeal s from P lanning Commission decisions on applications for Conditional Use approval, as follows:

“In considering such an appeal, the City Council shall review the decision in light of t he Comprehensive P lan, t his Zoning Ordinance, t he O fficial Zoning Map, and any other land use policies adopted by the Planning Commission or City council, whichever is applicable. T he City Council shall modify or reject the deci sion of t he P lanning C ommission o nly if i t is not su pported by substantial co mpetent evidence or i f t he P lanning Commission’s decision is contrary to t he C omprehensive P lan, t his Zoning O rdinance or t he O fficial Zoning Map.”

Site-Specific History and Analysis: The subject property was annexed to the City of San Angelo in 1984. This property was even t hen occu pied b y a co mmercial bui lding and was soon encompassed within a Neighborhood Commercial zoning district. A t that time, in 1984, the subject property was occupied by a convenience grocery, a bait shop and the Pack Saddle Barbeque Restaurant. This restaurant st ill occu pies approximately one hal f o f the co mmercial bui lding on t his property.

Consuming al coholic beverages at t he P ack Saddle B arbeque R estaurant is p resently permitted by this establishment’s eligibility f or a “Food and B everage Certificate” from the Texas Alcoholic Beverage Commission. This certificate is available to those establishments where revenue from selling alcoholic beverages is less than revenue from selling prepared food and other beverages. The r emaining one ha lf of t he co mmercial bui lding on t his property i s now vacant. The property’s owners want t o make this vacant portion of t he existing building available t o a business engaged in selling alcoholic beverages for on-premise consumption and w hich would not be e ligible f or a F ood and B everage C ertificate from t he T exas Alcoholic Beverage Commission. This will require both of the following from the City of San Angelo:

• City Council’s approval of a zo ne change to a General Commercial District, af ter a public hearing and recommendation by the Planning Commission; and

• approval of a Conditional Use allowing the sale of alcoholic beverages for on-premise consumption.

Zoning Ordinance Subsection 208.F st ipulates that approval of a Conditional Use must be based on criteria that include each of the following: 1. Impacts Minimized. Whether and the extent to which the proposed Conditional Use

creates adverse effects, including adverse visual impacts, on adjacent properties. 2. Compatible w ith Surrounding Area. Whether an d t he e xtent t o which t he

proposed C onditional U se is compatible with e xisting and ant icipated use s surrounding the subject land.

3. Community Need. Whether and the extent to which the proposed Condtional Use

addresses a demonstrated community need.

4. Development Patterns. Whether and the extent to which the proposed Conditional Use addresses a demonstrated community need.

The nearest residential lot (to the subject property) l ies approximately 200 feet east of this subject property and across the width of Knickerbocker Road, a high-speed arterial street. This degree of se paration i s believed t o be si gnificant enough t o minimize potential incompatibility between any residences and a bar or tavern that might someday emerge on the subject property. Based pr imarily on this observation, t he P lanning C ommission approved the r equested Conditional U se al lowing sales of al coholic beverages for co nsumption on t he subject property. The Planning Commission’s approval was nonetheless made subject to the following conditions: 1. City C ouncil’s approval of a G eneral C ommercial ( CG) zoning district on t he sa me

subject property, within a period of no more than one year following Planning Commission approval of this requested Conditional Use.

2. Separation of pa ved p arking/maneuvering ar eas on t he s ubject pr operty from public rights-of-way f or bot h Knickerbocker an d R ed B luff R oads, by some suitable bar rier designed to prevent encroachment of parked cars onto the margin of space separating private property from street pavement, along the subject property’s entire east and north boundaries adjoining Knickerbocker and Red B luff R oads, r espectively, e xcept at designated driveway entrances. N o more than two such driveway entrances shall be allowed along t he s ubject pr operty’s north bo undary beside R ed B luff R oad, each no more than thirty feet in width and at a location approved by San Angelo’s City Engineer. This required bar rier shall, f urthermore, be c onstructed of an y one or m ore of t he following methods and materials:

• an actual concrete curb, poured into place;

• a pipe barrier anchored firmly in the ground and extending 6” to 12” above grade level; or

• a “post-and-cable” arrangement of steel or wooden posts anchored f irmly in the ground, with steel cable strung between them.

In appr oving a Conditional U se, t he P lanning C ommission may stipulate r easonable conditions “as are necessary to prevent or minimize adverse effects on other property in the neighborhood.” With increased consumption of alcoholic beverages allowed on these premises, the P lanning Commission considered i t prudent to require an extra m easure of automotive safety by requiring clearly designated driveway approaches and marked barriers at the edge of parking and maneuvering areas. T hese same features would automatically be required if the commercial structure on this subject property was being built new. By t he t erms of Zoning O rdinance Subsection 214. D concerning a ppeals, t he appellant body* is deemed to have all the powers of the decision making body from whom the appeal was taken,† including the power to impose reasonable conditions.

* in this case, San Angelo’s City Council

† in this case, San Angelo’s Planning Commission

Related Vision Items: Consistent application of development regulations.

Compatibility of adjoining commercial and neighborhood districts. Appropriate regulations to protect neighborhoods.

Fiscal Impact: not applicable

Notification: Three ( 3) owners of nearby pr operty were f ormally not ified of concurrent applications for zone change and Conditional Use approval.

Attachments: excerpt f rom z oning map, hi ghlighting subject pr operty of

proposed zone change;

aerial photo of same vicinity (as above-mentioned m ap) highlighting subject property of proposed zone change

Presentation

Presentation: A J Fawver, Planning Manager

Reviewed by:

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City Council05/03/11

Request for appeal from previously-granted Conditional Use

CU 11-03: Sherri H. and John W. Jones, Jr.

consideration of appeal of approved Conditional Use allowing sale of alcoholic beverages for on premise allowing sale of alcoholic beverages for on-premise consumption at following property:

6005-6007 Knickerbocker Road at southwest corner of Red Bluff and Knickerbocker Roads in southern San Angelo specifically on Lot 2 in Block 2 of Lake Angelo, specifically on Lot 2 in Block 2 of Lake Nasworthy Addition Group 21

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Regulatory Framework• Conditional Use requests are heard by the Planning

Commission, who has final approval;

• Commission considers application, City staff comments, relevant support materials & testimony;

• Commission may approve, approve with conditions, or ddeny;

• Conditions used to minimize adverse effects.

Regulatory Framework• If appealed, Council hears the case and renders a

judgment;

• If appealed again, a state District Court hears the case and renders a judgment;

• This is the final level of appeal for this type of request.

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Regulatory Framework• In reviewing an appeal, the Council shall review the

decision in light of the following:• Comprehensive Plan• Comprehensive Plan• Zoning Ordinance• Official Zoning Map

• Article 207.H: Council shall modify or reject the decision only if it is not supported by substantial competent evidence or is contrary to those documents.

Background• 3 notifications required;

• 1 returned in favor;• 0 returned in opposition;• 0 returned in opposition;

• Article 214.A: An appeal may be initiated by any owner, applicant, affected adjacent property owner, or resident;

• Appeal received from citizens on April 19th;

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Background• Property annexed in 1984;

P k ddl Bb i i d f b ildi • Packsaddle Barbeque occupies remainder of building and sells alcohol under a food & beverage certificate;

• In order to serve alcohol for on-premise consumption at this location, two things are required: a zone change (i thi t CG) d l f diti l (in this case, to CG) and approval of a conditional use;

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LOOKING NORTHWEST AT SUBJECT PROPERTY FROM KNICKERBOCKER RD

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LOOKING EAST FROM SUBJECT PROPERTY AT NEARBY CHURCH FACILITY

LOOKING EAST FROM SUBJECT PROPERTY AT INTERSECTION

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LOOKING SOUTHWEST DOWN KNICKERBOCKER FROM RED BLUFF RD

LOOKING SOUTHWEST AT SUBJECT PROPERTY

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LOOKING WEST AT SUBJECT PROPERTY FROM ACROSS KNICKERBOCKER RD

Criteria for Conditional Use Approval (208.F)• Basis, but not all must apply;

I t ii i d• Impacts minimized.• Occupying of a commercial building already in place;• Street network necessary for such traffic exists;• Both 2003 & 2009 Comprehensive Plans suggest

clustering of commercial (as in this case) to minimize impacts caused by strip commercial;impacts caused by strip commercial;

• Consistent with neighboring restaurant use;

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Criteria for Conditional Use Approval (208.F)• Consistent with Zoning Ordinance.

• Follows regulatory approval process to allow such a use;use;

• CG Intent: provide opportunities for commercial establishments of higher intensity with larger trade area, floor area & traffic generation;

Criteria for Conditional Use Approval (208.F)• Compatible with Surrounding Area.

• Existing – separated from nearest residential area by high-speed arterial & roughly 200’;high speed arterial & roughly 200 ;

• Existing – part of larger commercial cluster stretching from this intersection past Twin Mountain;

• Existing – Red Bluff is a collector street;• Anticipated – compatible with Vision Plan map’s call for

commercial in this same area;;

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Criteria for Conditional Use Approval (208.F)• Effect on Natural Environment.

• Water and air quality are not negatively impacted;• There are no immediate environmental concerns;• There are no immediate environmental concerns;• Stormwater management will be required of this

business just as others is;

Criteria for Conditional Use Approval (208.F)• Community Need.

• Provides commercial use in an area where extensive research in preparation of both ‘03 and ‘09 Plan research in preparation of both 03 and 09 Plan identifies it to be the highest and best use;

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Criteria for Conditional Use Approval (208.F)• Development Patterns.

• Results in logical and orderly pattern of development;• Utilizes road infrastructure in place;• Utilizes road infrastructure in place;• Places commercial usage in an appropriate location;• Conditions placed on approval met 2003 Comp Plan

concern of using coordinated driveways and appropriate measures to circulate traffic for uses adjacent to major thoroughfares;j j g ;

• City staff recommends affirming the decision of the Planning Commission;

Recommendation

• On March 21st, Planning Commission unanimously recommended approval of this request, subject to conditions;

Th diti i d t id t • These conditions were imposed to provide an extra measure of automotive safety, the same as if this building were being built new;

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Recommendation• City Council approval of CG zoning on same property,

within period of no more than one year; and

• Separation of paved parking/maneuvering areas on subject property from public rights-of-way by physical barrier, except at designated driveway entrances.

• No more than 2 driveway entrances along Red Bluff Road, no more than 30 feet wide and at specific locations

d b Ci E iapproved by City Engineer.

• Use of concrete, pipe, or post-and-cable barriers;

request for approval of zone changeZ 11-04: Sherri H. and John W. Jones, Jr.

request for approval of zone change from Neighborhood Commercial (CN) to General Neighborhood Commercial (CN) to General Commercial (CG) District, on following property:

6005-6007 Knickerbocker Road at southwest corner of Red Bluff and Knickerbocker Roads in southern San Angelo specifically on Lot 2 in Block 2 of Lake Angelo, specifically on Lot 2 in Block 2 of Lake Nasworthy Addition Group 21

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Background• Surrounding land uses:

• North – CN self-storage• East RS 1 single family Glen Meadows• East – RS-1 single-family, Glen Meadows• South - outside City limits (power station)• West – CN self-service storage

• 3 notifications – 2 in favor, 0 in opposition;

Background• While anyone may oppose the request, state and local

laws require that the owners of 20% or more of the area within 200 feet give written protest to require a area within 200 feet give written protest to require a favorable vote of ¾ of the Council;

• In this case, that has not occurred – therefore, only a vote by the majority of the Council is needed to approve;approve;

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Analysis• 2003 Comprehensive Plan specifically called for CG

zoning at this location;

• 2009 Comprehensive Plan calls for commercial zoning at this location;

• 2003 Comprehensive Plan encourages focusing i l i h t d t ffi b commercial in areas where generated traffic can be

accommodated;

Analysis• Both the 2003 and 2009 plans encourage this type of

commercial use at major intersections such as this;

• Both plans encourages reuse of existing buildings, consistent with zoning plans for the city;

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Recommendation• Staff recommends approving this request for CG

zoning;

• Planning Commission unanimously approve this request for CG zoning;

Annexation Hearing• October 5, 2010 – City Council unanimously approved

an initiation of annexation in the subject area;

• State law requires two public hearings to give the public opportunity to speak for or against annexation of this area;

Th t h i ill b M 17th• The next hearing will be May 17th;

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Area Features• the site of Lake Nasworthy Power Station;

• an adjacent substation of electric power transformers;

• an approximately 500-foot wide strip of land occupied by parallel arrays of electric power transmission lines; and

• an approximately 0.34-mile long segment of right-of-pp y g g gway for Red Bluff Road.

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Rationale• Anticipated future annexation of land to the west, will

leave a “hole” in the incorporated area of San Angelo;

• When sold to WTU, agreement was that it would not be brought into City limits unless development for residential and other purposes has progressed continuously to such an extent that the area covered by this deed is substantially surrounded by land actually developed inside the City Limits;actually developed inside the City Limits;

• Segment of Red Bluff Rd has been maintained by the City for over 60 years;

Public Comment

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Background• Request by Council members Adams & Alexander;

• December of 2003, draft ordinance which would prohibit parking in residential front yards;

• Council took no action;

• October of 2009, discussion by the Development C di t C il b k d th t t ff Coordinator; Council members asked that staff continue to look into the matter.

Problems Noted:• blighting effect on appearance of neighborhoods;• lack of distinction in parking areas vs. green areas;

t th f t ti t ib ti t • prevents growth of vegetation, contributing to sediment-laden, contaminated runoff;

• reduces openess;• blocking of sight lines for vehicular traffic; • obstruction of access for emergency vehicle

personnel;• diminished quality and value.

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Draft Ordinance Proposal• Proposal is not a complete prohibition against parking

in yards;

• Presents conditions with which the practice can be continued;

• Consistent with the 2009 discussion in which some members felt it should be regulated, but no one member seemed compelled to outlaw it entirely;member seemed compelled to outlaw it entirely;

• Also consistent in that it recognizes that some situations may call for or should allow the practice;

Exceptions which Allow Parking in a Yard:• Parking in an area screened from public view with a

fence or wall 6’ in height;

• Parking in a rear yard not adjacent to a street right-of-way;

• Residential lots on streets 30’ wide or narrower;

• Parking of a vehicle with a valid handicapped license g ppplate or mirror hanger;

• On an improved surface.

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Advantages to This Approach:• Individuals living on narrow streets are allowed relief;

• The vast majority of rear yards (which are generally adjacent to an alley right-of-way) are still available for parking;

• Fenced side yards are still available for parking;

• Renters of residential property doing the parking are p p y g p gpenalized, and not the property owner(s);

• Residents are given a six-month period to come into compliance before the ordinance goes into effect;

Advantages to this Approach:• The definition of paving allows a variety of approaches

individuals can choose from:• hot mix over an appropriate base material;• hot mix over an appropriate base material;

• two-course penetration (two layers of crushed stone and asphalt);

• reinforced concrete;

• interlocking concrete paving stones over an appropriate base; or

• compacted gravel, caliche or crushed rock with a minimum depth.

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Recommendation• City staff recommends approval of this draft

ordinance;

City of San Angelo

Memo Meeting Date: May 03 2011

To: Mayor and City Council members

From: Bradley Stone, Principal Planner

Subject: item for r egular agend a of C ity C ouncil m eeting on T uesday, May 3 of 2011, as well as for regular agenda of City Council meeting on Tuesday, May 17 of 2011

Contacts: Bradley Stone, Principal Planner and

A J Fawver, Planning Manager 657-4210

Caption: Public hearing of c omments for and a gainst pr oposed an nexation of approximately 200 ac res l ocated s outhwest o f S an A ngelo’s ex isting c ity 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 l ines, and an appr oximately 0.34-mile segment o f r ight-of-way for Red Bluff Road.

Summary: Before any or dinance anne xing t hese ap proximately 20 0 acr es may be

formally introduced, San Angelo’s City Council must conduct at least two hearings to consider comments for or against this proposed annexation. The first such hearing is scheduled for Tuesday, May 3 of 2011, and the second such hearing is scheduled for Tuesday, May 17 of 2011.

Background: The subject area of proposed annexation includes only the following features:

• the site of Lake Nasworthy Power Station, • an adjacent substation of electric power transformers, • an approximately 500-foot wide st rip of l and occupied by parallel ar rays of electric

power transmission lines, and • an approximately 0.34-mile long segment of right-of-way for Red Bluff Road.

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This proposed annexation area is believed to include no residents.

Reasons for Proposed Annexation: City st aff’s proposed a nnexation of t his particular pr operty ( including t he Lake N asworthy Power Station) is prompted by the following concerns:

• Anticipated f uture an nexation of near by land t o t he west, i nstigated b y pr ivate

developers, will leave an awkward and inexplicable “hole” in the incorporated area of San Angelo. T his anticipated “hole” is precisely t he area now proposed to be annexed. Most of this acreage was sold by the City of San Angelo to the former West Texas Utilities Company during 1961-62, for construction of Lake Nasworthy Power S tation (now closed) as well as accompanying electric power transformers and t ransmission l ines. A pr ovision i n t he d eed co nveying t his acreage t o West Texas Utilities Company stipulates that it “will not be brought into the City limits of San A ngelo…unless actual l and development f or r esidential a nd ot her pur poses has progressed continuously from the City Limits of San Angelo, as they now exist, to such an extent that the area covered by this deed is substantially surrounded by land actually developed inside the City Limits.” C ity staff bel ieves that, dur ing the almost 50 years since t his deed was executed, t he expansion of S an A ngelo’s urbanized area has progressed so that this acreage is now substantially surrounded by development.

• This unincorporated area includes a short (0.34 mile long) and ot herwise isolated

segment of Red B luff Road not now encompassed within San Angelo’s corporate limits. Because this segment of Red Bluff Road provides access to Middle Concho Park, as well as to R ed B luff and Li ncoln P ark Groups of housi ng on L ake Nasworthy, t he C ity’s Operations Department has already b een m aintaining t his segment of Red Bluff Road, for 60 or more years.

Related Vision Items: San Angelo’s 2009 Comprehensive Plan identifies two general goals for future annexation:

Goal 1: Use annexation to ensure that new housing and business activity is incorporated w ithin City l imits o f S an Angelo, in a way w hich minimizes up-front mu nicipal exp enditures ( for cap ital i mprovements i n n ewly an nexed areas) but maximizes suitability of such development within the urban context of S an Angelo. Annex a reas before ex tensive d evelopment o f h ome si tes and business properties occurs, gui ding an y su ch deve lopment within a framework of municipal regulations on zoning, subdivision, signs, fire prevention and building construction. Goal 2: Balance short-term costs of making measured capital improvements in possible annexation areas, with long-term costs of not annexing these same areas. Recognize that determining the best areas for annexation involves anticipating realistic potential for development of new home sites and new business

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activity all around the urban f ringe, annexing the most promising such areas where timely application of urban development standards can have an effective impact.

Attachments: map and a erial photo illustrating proposed annexation of land located

southwest of San Angelo Presentation: A J Fawver, Planning Manager

Publication: A legal notice of these two public hearings was published in the San Angelo S tandard-Times on F riday, April 22 of 2011. N otice of these hearings is also posted on the City’s web site.

Reviewed by:

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AN ORDINANCE DECLARING A LOCAL STATE OF DISASTER IN THE CITY OF S AN AN GELO AS AN E MERGENCY M EASURE PURSUANT T O GOVERNMENT CODE SECTION 418.108 A ND SECTION 2.113 O F THE CITY OF SAN ANGELO CODE OF ORDINANCES TO PROCLAIM A LOCAL STATE OF DISASTER AND ORDER AN IMPOSITION OF A BURN BAN WITHIN THE CITY LIMITS AS A CONTROL ON ACTIVITIES WHICH TEND TO INCREASE THE LIKELIHOOD OF FIRES IN ORDER TO PROTECT AND PRESERVE LIFE AND P ROPERTY O F THE C ITY AND ITS I NHABITANTS FOR AN INDEFINITE P ERIOD WITH TH E C ONSENT O F T HE C ITY C OUNCIL AS AUTHORIZED UNDER TEXAS GOVERNMENT CODE SECTION 418.108 AND TO AUTHORIZE REMOVAL OF THE BURN BAN BY THE CITY MANAGER AS CONDITIONS WARRANT; AND TO PROVIDE FOR EXCEPTIONS TO THE BURN BAN FOR CERTAIN COMMERCIAL ESTABLISHMENTS AND PUBLIC EVENTS AS AP PROVED BY T HE FIRE CH IEF OR HIS DESIGNEE; SAID ORDINANCE BEING AN E MERGENCY M EASURE P URSUANT T O C ITY CHARTER SECTIONS 17 A ND 18; AND PROVIDING FOR A PENALTY, AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, on A pril 1 9, 2011, t he C ity Counc il of t he Ci ty o f S an Angelo enacted an ordinance as a n emergency m easure purs uant t o Sections 17 a nd 18 of t he Ci ty of S an A ngelo Charter, authorizing the Mayor to declare a local state of e mergency unde r t he a uthority o f T exas Government Code Section 418.108 and Section 2.113 of the City of San Angelo Code of Ordinances and authorizing the imposition of a burn ban within the city l imits in the interest of protecting and preserving lives and property of the city and its inhabitants; said declaration and burn ban being for a period of seven (7) days; and

WHEREAS, said declaration of local disaster and burn ban order expired on April 26, 2011; WHEREAS, imminent dangers of l ocal di saster c ontinue t o exist a nd t hreaten t he publ ic

health, peace, property, safety and welfare of the City and its inhabitants; WHEREAS, such threat necessitates a declaration of local disaster as articulated in said

April 19, 2011 ordinance, WHEREAS, Section 418.108 provides that a declaration of disaster may not be continued or

renewed for a period of more than seven (7) days except with the consent of the governing body of the political subdivision;

WHEREAS, the C ity o f S an A ngelo is l ocated i n T om G reen Coun ty which has be en

affected by re cent w ildland f ires a nd c ontinues t o be threatened by hi gh or e xtreme w ildland f ire hazard; and

WHEREAS, a state of emergency exists in the City of San Angelo because of its proximity to t he current wildland f ires and hazards in Tom Green County and because the City has not had rainfall f or a n e xtended period a nd a c hange i n t he hot , dry c onditions i n t he ne ar f uture i s not foreseeable nor anticipated; and

WHEREAS, such fires have the potential of endangering lives and damaging property on a large scale; and

WHEREAS, the m agnitude of t he pot ential da mage and the r apidity at w hich such a f ire could escalate to major proportions constitute an imminent threat of disaster; and

WHEREAS, declaration of such disaster authorizes the imposition of controls on a ctivities which tend to increase the likelihood of fires; and

WHEREAS, s uch c ontrols, onc e i mplemented, ha ve t he pot ential of prot ecting l ives a nd property by mitigating the threat of dangerous fires; and

WHEREAS, one such control necessary t o protect a nd preserve t he publ ic he alth, p eace, property, s afety a nd w elfare of t he Ci ty a nd i ts i nhabitants is a burn ba n t o be e stablished for a n indefinite period with consent of City Council and with authorization for removal of said ban by the City Manager as conditions warrant; and

WHEREAS, the Fire C hief has de termined t hat certain exceptions to t he burn ba n for

commercial e ntities a nd public events will be compatible with t he prot ections a fforded unde r t he burn ban, as approved by the Fire Chief or his designee.

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

1. THAT t his or dinance i s de clared an e mergency m easure f or t he

immediate preservation of the public peace, property, health or safety of the citizens of City of San Angelo; and

2. THAT this ordinance shall be passed by a unanimous vote of the City

Council and shall be passed on the day on which it shall be introduced pursuant to City Charter Sections 17 and 18; and

3. THAT a l ocal s tate of di saster is he reby proc laimed for t he C ity of

San Angelo pu rsuant to S ection 418.108 of t he Texas G overnment Code; and

4. THAT all outdoor burning within the City limits is hereby prohibited

for an indefinite period;

5. THAT t he Ci ty Counc il consents t hat this declaration and burn b an order be continued indefinitely until rescinded by the City Manager;

6. THAT the Ci ty Counc il authorizes the Ci ty Manager to rescind this

declaration and burn ba n order as necessary as conditions warrant in the i nterest of preservation of t he pu blic p eace, property, he alth o r safety of the City of San Angelo and its inhabitants; and

7. THAT a p erson w ho v iolates t his ord er m ay be pros ecuted i n accordance w ith t he s tatutes a nd proc edures g overning misdemeanors; and

8. THAT this ban shall not apply to the use of outdoor grills fueled by

propane gas;

9. THAT the F ire Chi ef i s a uthorized to e xcept f rom t his burn b an certain commercial entities and public events, under specific requirements and as approved by the Fire Chief or his designee.;

BE I T A LSO ORDAINED that th is s tate of di saster w ill c ontinue indefinitely until

rescinded in accordance with the above statute and order;

BE IT ALSO ORDAINED that this state of disaster is being declared solely for the purpose of implementing controls aimed at mitigating the hazard posed by wildfires during the current hot , dry weather.

BE IT ALSO ORDERED that the purpose of this order is the mitigation of the hazard posed by wildfires by curtailing the practice of outdoor burning, which purpose is to be taken into account in any enforcement action based upon this Ordinance.

BE IT ALSO ORDERED that any person who violates any provisions of this article shall be

guilty o f a misdemeanor and upon c onviction shall be subject to a f ine a s provided for in Section 1.106 of this Code. Each day of such violation shall constitute a separate offense.

INTRODUCED AND UNANIMOUSLY PASSED, and ADOPTED on this the day of

___________, 2011.

CITY OF SAN ANGELO, TEXAS

ATTEST:

Alvin New, Mayor

By: Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: Ron Perry Lysia H. Bowling Emergency Management Director City Attorney

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City Council May 3, 2011 Agenda Packet

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