April 17, 2012 CIty Council Agenda Packet

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April 17, 2012 CIty Council Agenda Packet

  1. 1. City Council Agenda Page 1 of 4 April 17, 2012 NOTICE OF A PUBLIC MEETING Including Addendum AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, April 17, 2012 McNease Convention Center, South Meeting Room 500 Rio Concho Drive THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES. ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK, ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING. City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. every day for two weeks beginning on the Thursday after each meeting. As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate” Thank You! I. OPEN SESSION (9:00 A.M.) A. Call to Order B. Prayer and Pledge "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.” C. Proclamations “Earth Day”, April 22, 2012, to be accepted by Girl Scout Troop 5130 accompanied by Troop Leader Camille Yale D. Recognitions Civic League Park designated as a Lone Star Legacy Park by the Texas Recreation and Park Society James Flores, Code Compliance Manager, for his tireless efforts towards the City of San Angelo's neighborhood revitalization programs by organizing and leading the monthly Keep San Angelo Beautiful trailer run for elderly and disabled citizens City of San Angelo for receiving the Texas Comptroller Silver Leadership Circle Award recognizing the City for its continued progress towards achieving financial transparency, to be accepted by Chief Accountant Bill Smith, Budget Manager Morgan Trainer, Senior Budget Analyst Laura Brooks, Senior Budget Analyst Steve Mahaffey, Public Information Officer Ty Meighan, and Multimedia Coordinator Brian Groves E. Public Comment The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item to be moved to the Regular Agenda for public comment.
  2. 2. City Council Agenda Page 2 of 4 April 17, 2012 II. CONSENT AGENDA 1. Consideration of approving the April 3, 2012 City Council Regular meeting minutes 2. Consideration of awardingaHouston-Galveston AreaCouncil (HGAC) PurchasingCo-operativebid (PD- 02-12) for Sprint for air card service in the amount of $62,455.56 and authorizing the Interim City Manager or his designee to execute any necessary related documents 3. Consideration of adoptingResolutionsauthorizingtheMayortoexecuteTax Deedsfor thesaleofTaxLots: a. 20 W 11th Street (Murillo), Lots 16 & 17, Block 53 Miles Addition, $2,500, Suit No. B-06-0064-T b. 707 W 15th Street, (James), Lot 4, Block 4, Mineola Addition, Suit No. TAX89-0557B c. Next to 612 E 42nd Street, (Gonzales), Lot 14, Block 47, Lake View Addition, $1,100, Suit No. B- 06-0035-T 4. Consideration of approving an amendment to a contract between the City of San Angelo and Varsity Contractors for Janitorial Services (PUR-04-09), and authorizing the Mayor and/or Interim City Manager to execute said contract amendment 5. Consideration of confirming the Interim CityManager’s appointment of Rhea Cooke to serve a 1st term on the Civil Service Commission 6. Second Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo PD 12-02: Shannon Medical Center Downtown 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: 120 East Harris Avenue encompassing the area known as the Shannon Medical Center Downtown, more specifically being Shannon Medical Center Downtown, Block 22A, Section 1, Lot A, Shannon Medical Center Downtown, Block 1, Section 2, Lot A, Shannon Medical Center Downtown, Block 15A, Section 1, Lot A, Frary Addition, Block 2, Lots 1 thru 4, San Angelo Addition, Block 5, Lots 16 thru 20, San Angelo Addition, Block 21, Lots 1, 2, 5, 9, 10, 15 thru 20, the west 26.4’ of Lot 3, and the west 25’ of Lot 6, San Angelo Addition, Block 21½, Lot 1, San Angelo Addition, Block 22½, Lots 3 thru 12, Upton Addition, Block 22½, Lots 20-24 and the west 75’ of Lot 19, Miles Acre Lots, 22½, Lots 31 and 32, in central San Angelo changing the zoning classification from Low-Rise MultifamilyResidential (RM-1), General Commercial (CG), and General Commercial/Heavy Commercial (CG/CH) to Planned Development (PD) District PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Consideration of adopting a Resolution declaring the intention of the City to continue the Hartford Variable Annuity Life Insurance Company Deferred Compensation Plan; reserving the right to terminate or amend the plan at any time; and, authorizing the City Manager, or Interim City Manager, or his designee to execute such documents as he may deem necessary or desirable to carry out the intent of this resolution and required under the plan to make the plan fully effective in accordance with its terms III. REGULAR AGENDA: F. EXECUTIVE/CLOSED SESSION Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Addendum
  3. 3. City Council Agenda Page 3 of 4 April 17, 2012 Meetings be Open, Section 555.071(2) to consult with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter on issues related to the Texas Open Meetings Act 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 7. Consideration of approving a license agreement with the San Angelo Health Foundation for the construction of a trail along the south bank of the North Concho River between Irving Street and City- owned property east of Koenigheim Street (U.S. Hwy 87, North) as part of the River Improvement Project and authorizing the Mayor, Interim City Manager or designee to execute said agreement (Presentation by Parks and Recreation Director Carl White) 8. Discussion and consideration of adopting a Resolution Authorizing the Interim City Manager or his designee to negotiate and execute a Development and Operating Agreement for Performing Arts Campus by and between the City Of San Angelo and the San Angelo Performing Arts Coalition (SAPAC) relating to creation of the Performing Arts Center and Campus which will include the City Auditorium; providing for management services by SAPAC; providing for the use of office space by SAPAC within city hall building; providing for funding responsibilities of the parties; and providing for related matters (Presentation by Interim City Manager Michael Dane) 9. Discussion of City procedures regarding violations pertaining to Code of Ordinance Chapter 7, Section 7.303, entitled “Weeds and Vegetation”, specifically tall grass and weeds over 12 inches (Requested Councilmember Adams and Presentation by Code Compliance Manager James Flores) 10. First public hearing and consideration of introduction of an Ordinance amending Chapter 9, Lakes, Parks and Recreation Areas, Article 9.200 of the City of San Angelo Code of Ordinances by adding Section 9.209 related to temporary variances from City ordinances for Special Events on Cityproperty AN ORDINANCE AMENDING CHAPTER 9 ENTITLED “LAKES, PARKS AND RECREATION AREAS,” ARTICLE 9.200, ENTITLED “PARKS,” BY ADDING A NEW SUB-SECTION 9.209, ENTITLED “SPECIAL EVENTS,” OF THE SAN ANGELO CODE OF ORDINANCES, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE (Presentation by Civic Events Manager Anthony Wilson) 11. Discussion and possible action on authorizing the purchase of ball field netting at the Texas Bank Sports Complex (Presentation by Recreation Manager MaryAnn Vasquez) 12. Consideration of adopting a Resolution declaring the intention of the City to continue the Hartford Variable Annuity Life Insurance Company Deferred Compensation Plan; reserving the right to terminate or amend the plan at any time; and, authorizing the City Manager, or Interim City Manager, or his designee to execute such documents as he may deem necessaryor desirable to carryout the intent of this resolution and required under the plan to make the plan fully effective in accordance with its terms (Presentation by Director of Human Resources Lisa Marley) Addendum
  4. 4. City Council Agenda Page 4 of 4 April 17, 2012 13. Discussion and consideration of the possibility of issuing rebates of Water Fees and any action related thereto (Presentation by Budget Manager Morgan Trainer) 14. Public Hearing and consideration of approving and adopting a Resolution authorizing the adoption of the 2012-2017 Capital Improvement Plan for the City of San Angelo (Presentation by Budget Manager Morgan Trainer) 15. Discussion and possible action related to the City of San Angelo’s participation in the National League of Cities (NLC) Service Line Warranty Program (Presentation by Assistant City Manager Elizabeth Grindstaff) 16. Consideration of adopting a Resolution implementing Drought Level II of the City’s Water Conservation and Drought Contingency Plan (Presentation by Director of Water Utilities Will Wilde) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 17. Consideration of matters discussed in Executive/Session, if needed 18. Consideration of Future Agenda Items 19. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Friday, April 13, 2012, at 11:30 P.M. ____________________________ Bryan Kendrick, Deputy City Clerk
  5. 5. P R O C L A M A T I O N WHEREAS, the global community now faces extraordinary challenges, such as global health issues, food and water shortages, and economic struggles; and WHEREAS, all people, regardless of race, gender, income, or geography, have a moral right to a healthy, sustainable environment; and WHEREAS, it is understood that the citizens of the our community must step forward and take action to become good stewards of our environment; and WHEREAS, this stewardship can be achieved on the local level through educational efforts, public policy, and strong volunteer organizations such as Keep San Angelo Beautiful; and WHEREAS, let it be known that the City of San Angelo hereby encourages its residents, businesses and institutions to use EARTH DAY to celebrate the Earth and commit to the stewardship of our environment; NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim Sunday, April 22, 2012 as “EARTH DAY” and encourage each citizen to salute these committed volunteers who work to keep the process of democracy alive and well in our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 17th day of April, 2012. THE CITY OF SAN ANGELO ___________________________ ALVIN NEW, MAYOR
  6. 6. 1 | P a g e F O R I M M E D I A T E R E L E A S E March 5, 2012 CONTACT: Stacey Laird Dicke, Parks & Recreation Director 110 Golf Course Rd. New Braunfels, TX 78130 (830) 660-3087 sdicke@nbtexas.org Civic League Park Receives Lone Star Legacy Designation The Woodlands, Texas – Nine Texas parks were honored with designation as an inaugural Lone Star Legacy Park by the Texas Recreation and Parks Society (TRAPS) in a ceremony at the association’s annual institute in The Woodlands on February 29, 2012. A Lone Star Legacy Park is classified as a park that holds special prominence in the local community and the state of Texas. To qualify for consideration, the park must have endured the test of time and become iconic to those who have visited, played and rested on its grounds. Nominated parks had to meet at least one of the following criteria: • The property represents distinctive design and/or construction. • The park is associated with historic events or sites. • The park is associated with events specific to the local community/state. • The park is home to unique natural features. “The purpose of the designation is to recognize what a park means to a particular community,” said Stacey Dicke, Board Member. Lone Star Legacy Parks must be a minimum of 50 years old. A Lone Star Legacy Park holds special prominence in the local community and the state of Texas. These parks have endured the test of time and have become iconic to those who have visited, played and rested on their grounds. A designation as a Lone Star Legacy is one of the highest honors that can be bestowed on a park. Parks have played an important role in the development of our communities throughout history. Much like Main Streets helped to provide commerce and identity, local parks helped to promote community, natural respite and social interaction as communities were founded,
  7. 7. 2 | P a g e developed and prospered and all parks so designated will be included in a state-wide initiative promoting Heritage Tourism. Nine parks in Texas received the honor in the first year of the program including Zilker Park, Austin; Botanic Gardens, Fort Worth; San Gabriel Park, Georgetown; Heritage Park, Grapevine; Landa Park, New Braunfels; Haggard Park, Plano; Civic League Park, San Angelo; San Pedro Springs Park, San Antonio; and Walnut Springs Park, Seguin. TRAPS is a non-profit, professional and educational organization founded 70 years ago with a membership of over 2,000 professionals. TRAPS is committed to advancing the field of parks, recreation and leisure services in Texas, while advocating for enhanced recreation opportunities and the increase of public green space for Texans. www.traps.org
  8. 8. Memo Date: April 9, 2012 To: Mayor and Council Members From: Robert Salas, Neighborhood & Family Services Director Subject: Special Recognition for April 17, 2012 Council Meeting Contact: Robert Salas 657-4274 Caption: Special Recognition Consideration of special recognition for James Flores, Manager Code Compliance for his tireless efforts toward neighborhood revitalization by organizing and leading the monthly Keep San Angelo Beautiful trailer run for elderly and/or disabled citizens. ------------------------------------------------------------------------------------------------------------------------------------------- Summary: On April 1, 2012 James Flores received the “Unsung Heroes” award from the West Texas Organizing Strategy (WTOS) for his efforts toward neighborhood revitalization through his efforts in organizing and leading the monthly Keep San Angelo Beautiful trailer run for elderly/disabled citizens which provides citizens an opportunity to discard junk and trash that they are unable to do so by themselves. This helps both the homeowners and city by helping to maintain yards and neighborhoods in a neat and orderly manner. The city staff wishes to recognize James’ selfless commitment and dutiful efforts to accomplish the neighborhood revitalization mission. History: Each month, James organizes volunteers from Keep San Angelo Beautiful, city employees, and other community volunteers to assist in the cleanup of junk and trash at homes belonging to elderly and/or disabled homeowners that has become or has the potential to become a code violation. James hauls the trailer using his own personal truck and not only leads the effort, but works hard loading and unloading the trailer. Over the past several years, his efforts have led to the collection of 36-40 tons of discarded trash per year from neighborhoods targeted for revitalization. Financial Impact: None. Related Goal Item: Neighborhood Revitalization. Other Information/Recommendations: Staff recommends approval. Attachments: None Presentation: None. Publication: None. Reviewed by Service Area Director: N/A City of San Angelo
  9. 9. CITY COUNCIL MINUTE RECORD The City of San Angelo Page 413 Tuesday, April 3, 2012 Vol. 103 OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:05 A.M., Tuesday, April 3, 2012, 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 Father James Hademenos of the Greek Orthodox, Assumption of the Virgin Mary and pledge was led by Wesley Aaron Kuehn, Senior at Central High School. PROCLAMATION AND RECOGNITION “Eagle Scout Designation to Wesley Aaron Kuehn”, was accepted byMr. Kuehn for successfullycompleting all requirements for Scouting's highest rank in honor of his achievement. Donna Osborne, Economic Development Coordinator, on being selected as the first recipient of the Alliance of Texas Angel Networks - Excellence in Leadership Award for her leading role with the Concho Valley Angel Network. PUBLIC COMMENT No one came forward to comment publicly. CONSENT AGENDA APPROVAL OF THE MARCH 20, 2012 CITY COUNCIL REGULAR MEETING MINUTES AWARD OF BID(S) AND AUTHORIZATION FOR THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS: VM-03-12: Ambulance Chassis, Caldwell Chevrolet via Buyboard Contract #358-10, $51,926.00 VM-04-12: Ambulance Box Remounts, Frazer Bilt via HGAC Contract #AM04-10, $86,400.00 CONSIDERATION OF SELECTING OF GAJESKE, INC. FOR RFP WU-02-12 LAKE PUMPING SYSTEM TO TRANSFER WATER FROM THE SOUTH POOL OF TWIN BUTTES RESERVOIR TO THE NORTH POOL AND AUTHORIZATION FOR THE INTERIM CITY MANAGER OR DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS APPROVAL OF ADDITIONAL PURCHASES FROM RFB VM-09-11 FOR TWO (2) LIGHT DUTY VEHICLES FROM JIM BASS FORD IN THE AMOUNT OF $43,449.00, AND AUTHORIZATION FOR THE INTERIM CITY MANAGER OR DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS
  10. 10. Page 414 Minutes Vol. 103 April 3, 2012 AWARD OF RFB PRO-01-12 MODULAR MANUFACTURED BUILDING BEHIND FIRE STATION #2, 4702 SOUTHLAND TO CHRIS LEITH AUTOMOTIVE, INC. IN THE AMOUNT OF $25,001.00 AND AUTHORIZATION FOR THE INTERIM CITY MANAGER OR DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS AWARD OF RFB PRO-02-12 FIRE STATION #5, 2727 FREELAND AVENUE TO MIGUEL DURAN IN THE AMOUNT OF $61,100.00, AND AUTHORIZATION FOR THE INTERIM CITY MANAGER OR DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS AUTHORIZATION FOR THE SALE OF THE FOLLOWING RESIDENTIAL PROPERTIES FOR THE APPRAISED VALUE AND AUTHORIZATION FOR THE MAYOR, CITY MANAGER, OR WATER UTILITIES DIRECTOR TO EXECUTE ALL NECESSARY LEGAL DOCUMENTS PERTAINING TO THE SALE OF SUBJECT PROPERTIES, SUBJECT TO COMPLETION OF ALL CURATIVE REQUIREMENTS: 2534 Sleepy Hollow (Brinlee), Lot 15, Group Fishermans Road, $90,916.00 6413 Lincoln Park Road East (Camper), Lot 4, Group Lincoln Park, $26,945.00 1610 Shady Point Circle Drive (Mason), Lot 62, Group Shady Point, $25,704.00 2590 Sleepy Hollow (Nixon), Lot 32, Group Fishermans Road, $84,108.00 6422 Lincoln Park Road West (Reed), Lot 27A, Group Lincoln Park, $26,981.00 ADOPTION OF A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE TWO RELEASES OF EASEMENT FOR WATER PIPELINE RELATING TO REALIGNMENT OF THE HICKORY AQUIFER WATER SUPPLY PROJECT WATER PIPELINE; AND, FINDING A PUBLIC PURPOSE AND BENEFIT THEREIN (ANNEX A, PAGE 419, RESOLUTION #2012-04-046R) ADOPTION OF A RESOLUTION TO APPROVE THE CITY OF SAN ANGELO’S PARTICIPATION IN THE TEXAS EVENTS TRUST FUND FOR THE NATIONAL REINED COW HORSE ASSOCIATION 2012 CELEBRATION OF CHAMPIONS IN THE AMOUNT OF $14,070.00 WITH A STATE MATCH OF $87,935, TO CREATE A TOTAL TRUST FUND OF $102,005.00 (ANNEX B, PAGE 421, RESOLUTION #2012-04-047R) CONSIDERATION OF APPROVING OF VARIANCES TO THE CITY CODE FOR THE DRAG BOAT RACES ON JUNE 22-24, 2012, AT LAKE NASWORTHY APPROVAL OF VARIANCES TO THE CITY CODE FOR THE WAKEBOARD TOURNAMENT ON JULY 20-22, 2012, AT LAKE NASWORTHY AUTHORIZATION FOR THE INTERIM CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT WITH GOODFELLOW AIR FORCE BASE FOR FIRE PROTECTION AND HAZARDOUS MATERIALS INCIDENT RESPONSE AUTHORIZATION FOR THE SAN ANGELO FIRE DEPARTMENT TO APPLY FOR A GRANT FOR EXERCISE EQUIPMENT THROUGH THE EVA CAMUÑEZ TUCKER FOUNDATION AND AUTHORIZATION FOR THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE RELATED DOCUMENTS AUTHORIZATION FOR THE SAN ANGELO FIRE DEPARTMENT TO PARTICIPATE IN THE 2012 MUSCULAR DYSTROPHY ASSOCIATION (MDA) FILL THE BOOT CAMPAIGN ON APRIL 25TH , 26TH , AND 27TH AUTHORIZATION FOR THE INTERIM CITY MANAGER TO EXECUTE A FIRST ADDENDUM TO AGREEMENT FOR WASTE COLLECTION AND DISPOSAL AND LANDFILL LEASE AND
  11. 11. Minutes Page 415 April 17, 2012 Vol. 103 OPERATION BETWEEN THE CITY OF SAN ANGELO AND REPUBLIC WASTE SERVICES OF TEXAS Motion, to approve the Consent Agenda, as presented, with the exception of WU-02-12 and Drag Boat Race items, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. Motion carried unanimously. REGULAR AGENDA: PUBLIC HEARING AND COMMENT SELECTION OF GAJESKE, INC. FOR RFP WU-02-12 LAKE PUMPING SYSTEM TO TRANSFER WATER FROM THE SOUTH POOL OF TWIN BUTTES RESERVOIR TO THE NORTH POOL AND AUTHORIZATION FOR THE INTERIM CITY MANAGER OR DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS Water Utilities Director Will Wilde presented background information. General discussion was held on the project timeline, aquatic life within the pools, existing pump and natural movement of the water, water storage capacity, project not approved during the budget process; providing vendors experience, including other projects completed; designating the water fund as the funding source, and evaporation of the water. Mr. Wilde informed staff is preparing to begin the project in June depending on the amount of rain received between now and then and in the event of the Stage II Drought Conservation Plan. He noted the vendor is aware the project may or may not occur. Council directed staff to present an accelerated schedule should Council want to proceed sooner. Motion, to approve, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Alexander. Motion carried unanimously. Mr. Wilde informed staff will present a future budget amendment, and then further action will by City Council to begin the project. A vote was taken on the motion on the floor. AYE: New, Alexander, Silvas, Adams, and Hirschfeld. NAY: Morrison and Farmer. Motion carried 5-2. APPROVAL OF VARIANCES TO THE CITY CODE FOR THE DRAG BOAT RACES ON JUNE 22-24, 2012, AT LAKE NASWORTHY Civic Events Manager Anthony Wilson presented background information. Motion, to approve, as presented, was made by Councilmember Farmer and seconded by Councilmember Adams. Motion carried unanimously. PRESENTATION AND UPDATE ON THE HICKORY AQUIFER WATER SUPPLY PROJECT Water Utilities Director Will Wilde presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. General discussion was held on the project timeline, designing duplicated project task in order to accelerate the project, and possibly beginning the planning phases earlier. In conclusion, based on the sense of urgency to move forward, City Council directed staff to move forward with completing any duplicated processes that may be conducted with either the reverse osmosis or ion exchange process. Mr. Wilde noted staff is working on such project task, e.g. site layout, and the projected water delivery date is March 2012 for the 30” pipeline. Public comment was made by citizen and SMD1 Candidate Bob Banskter.
  12. 12. Page 416 Minutes Vol. 103 April 3, 2012 RECESS At 10:18 A.M., Mayor New called a recess. RECONVENE At 10:32 A.M., Council reconvened, and the following business was transacted: FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO PD 12-02: Shannon Medical Center Downtown 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: 120 East Harris Avenue encompassing the area known as the Shannon Medical Center Downtown, more specificallybeing Shannon Medical Center Downtown, Block 22A, Section 1, Lot A, Shannon Medical Center Downtown, Block 1, Section 2, Lot A, Shannon Medical Center Downtown, Block 15A, Section 1, Lot A, Frary Addition, Block 2, Lots 1 thru 4, San Angelo Addition, Block 5, Lots 16 thru 20, San Angelo Addition, Block 21, Lots 1, 2, 5, 9, 10, 15 thru 20, the west 26.4’ of Lot 3, and the west 25’ of Lot 6, San Angelo Addition, Block 21½, Lot 1, San Angelo Addition, Block 22½, Lots 3 thru 12, Upton Addition, Block 22½, Lots 20-24 and the west 75’ of Lot 19, Miles Acre Lots, 22½, Lots 31 and 32, in central San Angelo changing the zoning classification from Low-Rise Multifamily Residential (RM-1), General Commercial (CG), and General Commercial/Heavy Commercial (CG/CH) to Planned Development (PD) District PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. Motion, to introduce the Ordinance, as presented, was made by Councilmember Adams and seconded by Councilmember Farmer. Public comment was made by Shannon CEO Brian Horner in support of the ordinance. A vote was taken on the motion on the floor. Motion carried unanimously. DISCUSSION TO AMEND THE ANIMAL CONTROL ORDINANCE, CHAPTER 3, ARTICLE 3.2002 ENTITLED “CHAINING OF DOGS PROHIBITED AS PRIMARY ENCLOSURE” Requested by Councilmember Morrison, he briefly reviewed Ms. Sylvia Martinez’s request from the February 7, 2012 Council meeting. He suggested eliminated the tethering ordinance or to amend the ordinance allowing a running line, pulley, or trolley system. Motion, to remove the language regarding tethering of a dog from the ordinance, was made byCouncilmember Morrison and seconded by Councilmember Silvas. Health Services Manager Sandra Villarreal presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. General discussion was held on funding for a specific city program to provide assistance for the installation of fencing and mirroring the state statute. Councilmembers Morrison and Silvas withdrew their motion. Motion, to amend the ordinance allowing the installation of a running line, pulley, or trolley system, in accordance with state law, was made by Councilmember Morrison and seconded by Councilmember Silvas. Councilmembers Morrison and Silvas withdrew their motion.
  13. 13. Minutes Page 417 April 17, 2012 Vol. 103 Motion, to amend the ordinance regarding tethering of an animal to mirror state law (Chapter 821, Subchapter D: Unlawful Restraint of Dog (Texas Health and Safety Code), specifically adding Statute Sec. 821.078. EXCEPTIONS 1 & 3 to mirror state statute, was made by Councilmember Morrison and seconded by Councilmember Silvas. Public comments were made by Animal Shelter Board (ASB) member Tom Maurer, former ASB member Bill Lockett, and Citizen Jim Turner. General discussion was held on the 2009 revision to the ordinance, the Animal Shelter Board’s recommendation, and the amount of time spent discussing this item in prior meetings. A vote was taken on the motion on the floor. AYE: Morrison, Silvas, and Adams. NAY: New, Alexander, Hirschfeld, and Farmer. Motion failed 3-4. Mayor New stated the Ordinance will remain in effect as stated and approved in 2009. RECESS At 11:53 A.M., Mayor New called a recess. RECONVENE At 12:01 P.M., Council reconvened, and the following business was transacted: APPROVAL OF VARIOUS BOARD NOMINATIONS BY COUNCIL AND DESIGNATED COUNCILMEMBERS: Civic Events Board: Courtney Mahaffey (SMD4) to an unexpired term October 2014 Construction Board of Adjustment & Appeals: CaseyDeering (SMD3) to an unexpired term February2013 and Roland Allen (SMD5) to a 2nd full term February 2014 Zoning Board of Adjustments: David Nowlin (SMD3) to a 2nd full term January2014, Chuck Shore (SMD5) to a 2nd full term January 2014, and John Rowland (SMD6) to a 2nd full term January 2014 Motion, to approve various board nominations by Council and designated Councilmembers, was made by Councilmember Farmer and seconded by Councilmember Hirschfeld. Motion carried unanimously. RECESS At 12:04 P.M., Mayor New called a recess. 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 551.072 to deliberate the purchase, exchange, lease, or value of real property; Section 555.071(2) to consult with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter on issues related to the Texas Open Meetings Act; and, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the Cityof San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stayor expand in San Angelo. OPEN SESSION (continued) At 12:59 P.M. City Council concluded the Executive/Closed Session whereupon the following business was transacted:
  14. 14. Page 418 Minutes Vol. 103 April 3, 2012 RECESS At 12:29 P.M., Mayor New called a recess. RECONVENE At 1:44 P.M., Council reconvened, with the exception of Mayor New and Councilmember Adams, and the following business was transacted. Mayor Pro Tempore Farmer facilitated the meeting. DISCUSSION OF 2012-2017 CAPITAL IMPROVEMENT PLAN Budget Manager Morgan Trainer presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. General discussion was held on public meeting comments, specificallyParkview Lake, and projects listed under Street Reconstruction and Stormwater Quality Management. Mayor New and Councilmember Adams arrived to the meeting at 1:48 p.m. Interim City Manager Michael Dane explained approval of the resolution provides approval of the identified projects. He noted staff is fulfilling the mission to identify and prioritize projects as outlined in the Charter. Any project funding or prioritization will be discussed and allocated during the budget discussions. Councilmember Alexander suggested staff provide a summary of added and deleted projects. Council concurred. SELECTION OF STRATEGIC GOVERNMENT RESOURCES (SGR) AS THE EXECUTIVE SEARCH FIRM FOR CONSIDERATION OF THE RECRUITMENT OF THE CITY MANAGER POSITION • Robert Slavin, President, Slavin Management Consultants • Alan Taylor, Senior Vice President, Strategic Government Resources (SGR) Interim City Manager Michael Dane recused himself from the discussion. Human Resources Director Lisa Marley presented background information and introduced Mr. Slavin. A copy of the presentation is part of the Permanent Supplemental Minute record. General discussion was held on how many applicants would be recruited before a selection of the most qualified candidates is established, the number of applicants within Texas; establishing the “fit” criteria within the organization and how such will be ascertained after meeting with Council, the committee, or a designee, as well as during the interview process. Mr. Taylor provided a brief overview of his presentation made at the March 20, 2012 City Council meeting. Further discussion was held on the consultant’s two year guarantee, the process for applicants within the Cityof San Angelo, expenses for the search, and whether the consultants had a “stable” of candidates and the ethical implications of such. Motion, to select SGR as the executive search consultant for the recruitment of the City Manager position, as presented, was made by Councilmember Farmer and seconded by Councilmember Morrison. Motion carried unanimously. FOLLOW UP AND ADMINISTRATIVE ISSUES CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION No action was taken on matters discussed in Executive/Closed Session. CONSIDERATION OF FUTURE AGENDA ITEMS Interim City Manager Michael Dane distributed the proposed April 17, 2012 Agenda and solicited Council
  15. 15. Minutes Page 419 April 17, 2012 Vol. 103 comments and suggestions. Mr. Dane informed staff will be reviewing and amending the contract with Two Pro Management for the Santa Fe Golf Course regarding advertising within the course. He noted based on this review, he will direct Parks and Recreation Director Carl White to pull the zoning application previously submitted to change the zoning classification for the golf course. Councilmembers Morrison and Alexander announced they would be absent from the April 17, 2012. ADJOURNMENT Motion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Silvas. Motion carried unanimously. The meeting adjourned at 3:08 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, Mayor ATTEST: _______________________________ Alicia Ramirez, City Clerk Annexes A-B 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.)
  16. 16. City of San Angelo Memo Date: April 13, 2012 To: Mayor and Council members From: Tim Vasquez, Chief of Police Subject: Agenda Item for April 17, 2012 Council Meeting Contact: Ryan L. Jansa, Budget Analyst, 657-4262 Caption: Consent Agenda Item Consideration of awarding a Houston-Galveston Area Council (HGAC) Purchasing Co- operative bid (PD-02-12) for Sprint for air card service in the amount of $62,455.56 and authorizing the City Manager or his designee to execute any necessary related documents. Summary: The purpose of this request is for the authorization to purchase air card service for the Police Department, Municipal Court, and Fire Department. This purchase is to be made through the HGAC purchasing co-op, authorized by the State of Texas for municipality purchases. History: The San Angelo Police Department began utilizing air cards in patrol cars in 2010. This cellular air card service is for data connectivity from Public Safety Dispatch to approximately 112 vehicles. The data connection allows the Officers to utilize their in-car computers to receive calls for service and run checks on suspects while on patrol. The Fire Department is planning to add air card service within the next 12 months in approximately 25 vehicles. Financial Impact: The San Angelo Police Department has the funds in the current budget for the annual Sprint air card service and the anticipated financial impact will be $51,058.56 annually. The Fire Department anticipates an annual cost of $11,397.00 for a total contract of $62,455.56. Other Information/ Recommendation: Staff recommends approval. Attachments: Sprint HGAC Contract #CW05-02 Presentation: None Reviewed by: Chief Tim Vasquez, Police Department, 3/27/12 Brian Dunn, Fire Chief, 3/28/12
  17. 17. Memo Date: March 1, 2012 To: Mayor and Council Members From: Roger S. Banks, Purchasing, Division Manager Subject: Agenda Item for April 17, 2012 Council Meeting Contact: Diana Farris, Purchasing Manager, 657-4212 Caption: Consent Item Consideration of adopting a Resolution authorizing the Mayor to execute a Resolution authorizing sale of Tax Lot(s): 1. 610 E 42 nd Street, (Gonzales), Lot 14, Block 47, Lake View Addition, $1,100, Suit No. B-06-0035-T 2. 20 W 11th Street, (Murillo), Lots 16 & 17, Block 53, Miles Addition, $2,500, Suit No. B-06-0064-T 3. 707 W 15th Street, (James), Lot 4, Block 4, Mineola Addition, $1,100, Suit No. TAX89-0557B 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. History: The amounts of delinquent taxes, accrued penalties, interest, attorney fees and costs for delinquent years of, together with additional penalties and interest, at the rates prescribed by Subchapter A & C of Chapter 33, Property Tax Code, which accrue on all said taxes from date of judgment until paid. (See Property Analysis) Financial Impact: Upon approval: (1) The City will retain a $350 Administration Fee, (2) The balance will be distributed according to the Sheriff’s Return, and (3) Properties will be reinstated back onto tax roll. Other Information/Recommendation: All properties are unimproved parcels. No outstanding account balances exist for the above Prospective Buyers and it is recommended that the above offers be accepted. Attachments: Property Analysis, Resolutions, Tax-Resale Deeds, and Property Location Maps Presentation: N/A Reviewed by Service Area Director: Michael Dane, Director of Finance City of San Angelo
  18. 18. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any or all of the following information from this instrument before it is filed for record in the public records: your social security number or your driver’s license number. Tax-Resale Deed (Property Sold for Less than Adjudged Value or Judgment) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County and San Angelo Independent School District. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Juan and Laura Murillo, husband and wife 12 W 11th Street San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements): Lots 16 and 17, Block 53, Miles Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in deed dated April 29, 1958, from Minnie Pickens to Wallie Word, in Volume 396, Page 105, Deed Records of Tom Green County, Texas. Acct #1-34200-0053-014-00 Judgment: Judgment for the foreclosure of a tax lien against the Property entered on March 10, 2008, in Cause No. B-06-0064-T by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Propertyunder the terms of the Judgment — by Sheriff’s Deed dated November 20, 2009, and recorded in Instrument Number 678731, Official Public Records of Real Property, Tom Green County, Texas. For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantor's right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax- Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are herebyspecifically excluded. Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of
  19. 19. the sale that was recorded before January 1 of the year the tax lien arose. Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market value specified in the Judgment, or (2) the total amount of the Judgment. Each taxing unit that is entitled to receive proceeds from the sale of the Property has consented to this sale and has authorized this sale by formal resolution. The parties acknowledge that the sale of the Property to Grantee does not constitute a violation of Section 52, Article III, Texas Constitution. Grantee assumes full payment of any ad valorem taxes for the Property for the current year and all future years. When the context requires, singular nouns and pronouns include the plural. GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the Judgment ATTEST: By: ____________________________ Alvin New, Mayor and duly-authorized agent Alicia Ramirez, City Clerk STATE OF TEXAS § § COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in the above instrument. __________________________________ Notary Public, State of Texas After Recording, Return To: City Attorney’s Office
  20. 20. Lots 16 & 17, Block 53, Miles Addition 20 W 11th Street 100' x 100' Copyright 2011 Esri. All rights reserved. Mon Mar 5 2012 03:29:14 PM.
  21. 21. c:usersbryan.kendrickdesktop04-17-123az murillo resolution.doc RESOLUTION AUTHORIZING SALE OF REAL PROPERTY (Less than Adjudged Value or Judgment) WHEREAS, on the day of , 2012, at a regularly scheduled meeting of the City Council of the City of San Angelo, Texas, there was presented to 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: Lots 16 and 17, Block 53, Miles Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in deed dated April 29, 1958, from Minnie Pickens to Wallie Word, in Volume 396, Page 105, Deed Records of Tom Green County, Texas. WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’s Tax Deed, recorded on Instrument Number 678731, 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 foreclosure or the amount of the judgment(s) against said property; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE 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, as Trustee to execute a Quitclaim Deed to the above described lot(s) to JUAN & LAURA MURILLO, a married couple, for the consideration of Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) and that the sale for said amount is also hereby authorized and approved. APPROVED AND ADOPTED ON THE DAY OF , 2012. THE CITY OF SAN ANGELO ______________________________ Alvin New, Mayor Attest: _____________________ Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: ______________________ ____________________________ Lysia Bowling, City Attorney Roger S. Banks, Purchasing Manager
  22. 22. Legal Description: Improved/Unimproved Tax Suit Number: Location: Parcel Size/Dimensions: City of San Angelo vs. Tax ID Number: Judgment Date: Date of Sheriff's Sale: Sheriff's Deed Recorded: Adjudge Value: 6,000.00$ 2 1/2 yrs Amount of Offer: 2,500.00$ Priority % of Pro Rata Amounts Fees Judgment Allocations Remainder Allocations Distributed Administration Fee 350.00$ 350.00$ 0.00% 350.00$ Maintenance Fee -$ 0.00% -$ District Clerk 474.00$ 474.00$ 0.00% 474.00$ Sheriff's Fee 100.00$ 100.00$ 0.00% 100.00$ Attorney Fee 365.00$ 365.00$ 0.00% 365.00$ Municipal Liens 2,010.75$ 33.54% 406.15$ 406.15$ Taxes 3,984.69$ 66.46% 804.85$ 804.85$ Total 1,289.00$ 5,995.44$ 1,289.00$ 100.00% 1,211.00$ 2,500.00$ Actual Total Amt Due 7,284.44$ Amount Remaining 1,211.00$ PROPERTY ANALYSIS For Tax Resale Property November 3, 2009 100' x 100' Offer will satisfy the court cost and a portion of the taxes and liens. Amounts Due March 10, 2008 November 23, 2009 Lots 16 and 17, Block 53, Miles Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in deed dated April 29, 1958, from Minnie Pickens to Wallie Word, in Volume 396, Page 105, Deed Records of Tom Green County, Texas. B-06-0064-T 20 W 11th Street Wallie Word 19-34200-0053-014-00 Unimproved Years Held in Trust:
  23. 23. Lot 4, Block 4, Mineola Annex Addition 707 W 15th St 50' x 150' Copyright 2011 Esri. All rights reserved. Wed Dec 21 2011 03:19:54 PM.
  24. 24. Legal Description: Improved/Unimproved Tax Suit Number: Location: Parcel Size/Dimensions: City of San Angelo vs. Tax ID Number: Judgment Date: Date of Sheriff's Sale: Sheriff's Deed Recorded: Adjudge Value: 2,500.00$ PROPOSED Offer: 1,000.00$ Priority % of Pro Rata Amounts Fees Judgment Allocations Remainder Allocations Distributed Administration Fee 350.00$ 350.00$ 0.00% 350.00$ Maintenance Fee -$ 0.00% -$ District Clerk 267.69$ 267.69$ 0.00% 267.69$ Sheriff's Fee 120.61$ 120.61$ 0.00% 120.61$ Attorney Fee 63.06$ 63.06$ 0.00% 63.06$ Municipal Liens 1,142.93$ 55.79% 110.82$ 110.82$ Taxes 905.71$ 44.21% 87.82$ 87.82$ Total 801.36$ 2,048.64$ 801.36$ 100.00% 198.64$ 1,000.00$ Actual Total Amt Due 2,850.00$ Amount Remaining 198.64$ Amounts Due Proposed Offer will satisfy the court cost and a portion of the taxes and liens. 50' x 100' J.C. Clay 19-34200-0053-013-00 April 22, 1996 July 9, 1998 October 29, 1998 Years Held in Trust 13 1/2 yrs 24 E 11th Street PROPERTY ANALYSIS For Tax Resale Property Lot 15, Block 53, Miles Addition, as described in Volume 334, Page 265, Deed Records of Tom Green County, Texas. Unimproved B-94-0062-T
  25. 25. c:usersbryan.kendrickdesktop04-17-123b james resolution.doc RESOLUTION AUTHORIZING SALE OF REAL PROPERTY (Less than Adjudged Value or Judgment) WHEREAS, on the day of , 2012, at a regularly scheduled meeting of the City Council of the City of San Angelo, Texas, there was presented to 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 4, Block 4, Mineola Annex Addition, City of San Angelo, as described in Volume 290, Page 515, deed records of Tom Green County, Texas. WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’s Tax Deed, recorded on Volume 518, Page 362, 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 foreclosure or the amount of the judgment(s) against said property; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE 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, as Trustee to execute a Quitclaim Deed to the above described lot(s) to VANESSA SIMONE JAMES, a single person, for the consideration of One Thousand One Hundred and 00/100 Dollars ($1,100.00) and that the sale for said amount is also hereby authorized and approved. APPROVED AND ADOPTED ON THE DAY OF , 2012. THE CITY OF SAN ANGELO ______________________________ Alvin New, Mayor Attest: _____________________ Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: ______________________ ____________________________ Lysia Bowling, City Attorney Roger S. Banks, Purchasing Manager
  26. 26. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any or all of the following information from this instrument before it is filed for record in the public records: your social security number or your driver’s license number. Tax-Resale Deed (Property Sold for Less than Adjudged Value or Judgment) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County, San Angelo Independent School District and CountyEducation District #9 P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Vanessa Simone James, a single person 2302 Brown Street San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements): Lot 4, Block 4, Mineola Annex Addition, City of San Angelo, as described in Volume 290, Page 515, Deed Records of Tom Green County, Texas. Acct #20-35000-0004-004-00 Judgment: Judgment for the foreclosure of a tax lien against the Property entered on August 25, 1992, in Cause No. TAX89-0557B by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Propertyunder the terms of the Judgment — by Sheriff’s Deed dated February 21, 1996, and recorded in Volume 518 Page 362, Official Public Records of Real Property, Tom Green County, Texas. For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantor's right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax- Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are herebyspecifically excluded. Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose.
  27. 27. Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market value specified in the Judgment, or (2) the total amount of the Judgment. Each taxing unit that is entitled to receive proceeds from the sale of the Property has consented to this sale and has authorized this sale by formal resolution. The parties acknowledge that the sale of the Property to Grantee does not constitute a violation of Section 52, Article III, Texas Constitution. Grantee assumes full payment of any ad valorem taxes for the Property for the current year and all future years. When the context requires, singular nouns and pronouns include the plural. GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the Judgment ATTEST: By: ____________________________ Alvin New, Mayor and duly-authorized agent Alicia Ramirez, City Clerk STATE OF TEXAS § § COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in the above instrument. __________________________________ Notary Public, State of Texas After Recording, Return To: City Attorney’s Office
  28. 28. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any or all of the following information from this instrument before it is filed for record in the public records: your social security number or your driver’s license number. Tax-Resale Deed (Property Sold for Less than Adjudged Value or Judgment) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County and San Angelo Independent School District. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Arthur and Gracie Gonzales, husband and wife 612 E. 42nd Street San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements): Lot 14, Block 47, Lake View Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 263, Page 509, Deed Records of Tom Green County, Texas. Att.#16-30900-0047-013-00 Judgment: Judgment for the foreclosure of a tax lien against the Property entered on June 14, 2007, in Cause No. B-06-0035-T by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Propertyunder the terms of the Judgment — by Sheriff’s Deed dated March 31, 2008, and recorded in Instrument Number 649596, Official Public Records, Tom Green County, Texas. For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantor's right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax- Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are herebyspecifically excluded. Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose.
  29. 29. Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market value specified in the Judgment, or (2) the total amount of the Judgment. Each taxing unit that is entitled to receive proceeds from the sale of the Property has consented to this sale and has authorized this sale by formal resolution. The parties acknowledge that the sale of the Property to Grantee does not constitute a violation of Section 52, Article III, Texas Constitution. Grantee assumes full payment of any ad valorem taxes for the Property for the current year and all future years. When the context requires, singular nouns and pronouns include the plural. GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the Judgment ATTEST: By: ____________________________ Alvin New, Mayor and duly-authorized agent Alicia Ramirez, City Clerk STATE OF TEXAS § § COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in the above instrument. __________________________________ Notary Public, State of Texas After Recording, Return To:
  30. 30. Lot 14, Block 47, Lake View Addition Next to 612 E 42nd Street 50' x 160' Copyright 2011 Esri. All rights reserved. Thu Mar 1 2012 10:04:06 AM.
  31. 31. Legal Description: Improved/Unimproved Tax Suit Number: Location: Parcel Size/Dimensions: City of San Angelo vs. Tax ID Number: Judgment Date: Date of Sheriff's Sale: Sheriff's Deed Recorded: Adjudge Value: 3,799.00$ Amount of Offer: 1,100.00$ Priority % of Pro Rata Amounts Fees Judgment Allocations Remainder Allocations Distributed Administration Fee 350.00$ 350.00$ 0.00% 350.00$ Maintenance Fee -$ 0.00% -$ District Clerk 333.00$ 333.00$ 0.00% 333.00$ Sheriff's Fee 100.00$ 100.00$ 0.00% 100.00$ Attorney Fee 275.00$ 275.00$ 0.00% 275.00$ Municipal Liens 277.00$ 8.96% 3.76$ 3.76$ Taxes 2,814.00$ 91.04% 38.24$ 38.24$ Total 1,058.00$ 3,091.00$ 1,058.00$ 100.00% 42.00$ 1,100.00$ Actual Total Amt Due 4,149.00$ Amount Remaining 42.00$ PROPERTY ANALYSIS For Tax Resale Property March 4, 2008 50' x 160' Offer will satisfy the court cost and a portion of the taxes and liens. Amounts Due June 14, 2007 April 7, 2008 Lot 14, Block 47, Lake View Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 263, Page 509, Deed Records of Tom Green County, Texas. B-06-0035-T 610 E 42nd Street Margret J. Mitchell 16-30900-0047-013-00 Unimproved
  32. 32. c:usersbryan.kendrickdesktop04-17-123c gonzales resolution.doc RESOLUTION AUTHORIZING SALE OF REAL PROPERTY (Less than Adjudged Value or Judgment) WHEREAS, on the day of , 2012, at a regularly scheduled meeting of the City Council of the City of San Angelo, Texas, there was presented to 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 14, Block 47, Lake View Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 263, Page 509, Deed Records of Tom Green County, Texas. WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’s Tax Deed, recorded on Instrument Number 649596, 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 foreclosure or the amount of the judgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE 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, as Trustee to execute a Quitclaim Deed to the above described lot(s) to ARTHUR & GRACIE GONZALES, a married couple, for the consideration of One Thousand One Hundred and 00/100 Dollars ($1,100.00) and that the sale for said amount is also hereby authorized and approved. APPROVED AND ADOPTED ON THE DAY OF , 2012. THE CITY OF SAN ANGELO ______________________________ Alvin New, Mayor Attest: _____________________ Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: ______________________ ____________________________ Lysia Bowling, City Attorney Roger S. Banks, Purchasing Manager
  33. 33. Adopted: 5/30/03 Revised: 6/21/10 Click here for instructions. City of San Angelo Memo Date: April 10, 2012 To: Mayor and Councilmembers From: Ron Lewis, Construction and Facilities Maintenance Subject: Consent Agenda Item for April17, 2012 Council Meeting Contact: Ron Lewis, 481.2773 Caption: Consent Consideration of approving an amendment to a contract between the City of San Angelo and Varsity Contractors for Janitorial Services, and authorizing the Mayor and/or City Manager to execute said contract amendment. Summary: The City of San Angelo entered into a contract for Janitorial Services with Varsity Contractors in April 2009. The initial term of the contract was for two years with an optional one year extension. The Contractor was required to notify the City in writing as to their intent to extend the contract for an additional one year term 90 days prior to the end of the initial term (April 30, 2011). Contractor failed to notify. Staff reviewing contract of services found this oversight in March 2012. Staff desires to amend the contract to bring the contract into compliance and extend for an additional six months to accommodate the move back to City Hall and the Community Development Office Building. Staff is presently preparing new specifications to issue an RFB for Janitorial Services by late May 2012. Bids are expected to be received and evaluated later this summer and brought back to City Council for award. History: Building Maintenance and the Purchasing Department prepared RFB: PUR-04-09 for Janitorial Services for several City facilities. The City Council awarded the bid and original contract on April 21, 2009. Financial Impact: $9,567 per month annually budgeted in several different City department accounts. Related Vision Item (if applicable): Other Information/ Recommendation: Staff recommends approval to amend the contract with Varsity Contractors for an additional six months. Attachments: First Amendment, Original Agreement signed, Exhibit “A“ , Exhibit “B” Presentation: NA Publication: NA Reviewed by Director: Emailed to Rick Weise, Assistant City Manager 4-10-2012 Approved by Legal: 4-10-2012
  34. 34. 1 FIRST AMENDMENT TO JANITORIAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN ANGELO and VARSITY CONTRACTORS WHEREAS, the City of San Angelo, Texas (“City”) and Varsity Contractors, Inc. dba Varsity Contractors (“Contractor”) have previously executed a Janitorial Service Agreement, effective on April 21, 2009 (“Agreement”); and, WHEREAS, City and Contractor wish to amend the terms of the Agreement to extend the initial term through April 30, 2012 and to provide for an option to extend for an additional six months; and, WHEREAS, the parties wish to amend from time to time by mutual agreed change order the scope of services as provided at paragraph number 1. “Services”, and Exhibits “A” and “B” to the Agreement to designate alternate locations for services to be rendered as City relocates certain offices and adjusting payment due contractor as necessary to reflect any change in the scope of services to be rendered; and, WHEREAS, Contractor desires to amend the notice provision of the Agreement, Paragraph number 15 “Notices”: NOW, THEREFORE, in consideration of the mutual promises contained herein, City and Contractor agree as follows: I. Section 2. “Term” is hereby amended to read as follows:
  35. 35. 2 “This Agreement shall be in effect from May 1, 2009 through April 30, 2012. Contractor shall have the option to extend the term of this agreement for an additional six months by giving written notice thereof to City prior to expiration of the term as amended.” II, Section 1 “Services” is hereby amended by adding the following paragraph: “The parties shall amend from time to time, by mutually agreed to change order, the scope of services as provided at paragraph number 1. “Services”, and Exhibits “A” and “B” to the Agreement to designate alternate locations for services to be rendered as City relocates certain offices and adjusting payment due contractor as necessary to reflect any change in the scope of services to be rendered.” III. Section 15. ”Notices” shall be amended by re-designating the contact for notice to Contractor to read as follows: To Contractor at: Varsity Contractors Attn: Michael Franssen, District Manager 1250 S. Capital of Texas, Bldg 3,Ste 400 Austin, TX 76903 IV. All provisions of the Janitorial Service Agreement dated April 21, 2009, attached as Exhibit “C”, not amended by this First Amendment are adopted by reference thereto as if fully set forth herein and shall remain in full force and effect during the amended term of this Agreement and for any extension thereof. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to Janitorial Service Agreement to be executed in duplicate.
  36. 36. 3
  37. 37. 4 ATTEST: CITY OF SAN ANGELO By : Alicia Ramirez, City Clerk Michael Dane, Interim City Manager VARSITY CONTRACTORS, INC. ATTEST: BY:
  38. 38. 5 FIRST AMENDMENT TO JANITORIAL SERVICE AGREEMENT BY AND BETWEEN CITY OF SAN ANGELO AND VARSITY CONTRACTORS, INC. APPROVED AS TO CONTENT APPROVED AS TO FORM ______________________________ __________________________________ Ron Lewis, Facilities/Maintenance Lysia H. Bowling. City Attorney Manager
  39. 39. City of San Angelo Memo Date: April 5, 2012 To: Mayor and Councilmembers From: Lisa Marley, Director of Human Resources & Risk Management Subject: Agenda Item for April 17, 2012 Council Meeting Caption: Administrative Item Consideration of Civil Service Commission nomination by City Manager and approval by City Council. Summary: In January 2012, Royce Burrows resigned as Commissioner of the Civil Service Commission having served on the Commission since 2006. A search has been underway to fill that vacancy. Presently Raul Lopez and Teresa Special are appointed to the Commission with term expiration dates of January 2013 and January 2014, respectively. At present, there is one vacancy on the three-member Commission. History: In accordance with the Local Government Code 143, members of the Civil Service Commission are appointed by the City Manager and approved by the City Council. The term of office for each Commissioner is a three (3) year term. There is no term limitation for Commission members. The principle role of the Commission is to hear appeals on disciplinary actions, terminations or promotional examinations with the focus being on whether or not the civil service rules and regulations are being obeyed. Financial Impact: None. Other Information/Recommendation: All Commissioners shall be of good moral character, a citizen of the United States, a resident citizen of San Angelo, shall have resided in San Angelo for a period of more than three (3) years, shall be over the age of twenty-five (25) years, and shall not have held any public office within the preceding three (3) years. Having met these requirements, it is recommended that Rhea Cooke be approved as Commissioner. Attachments: • Application for Boards & Commissions for Rhea Cooke. Reviewed by Service Area Director: Lisa Marley, Director of Human Resources & Risk Management, April 5, 2012.
  40. 40. City of San Angelo Memo Meeting Date: April 3, 2012 To: City Council members From: Kari LeBoeuf, Planner Subject: PD 12-02, a request for a zone change from a combination of Low-Rise Multifamily Residential (RM-1), General Commercial (CG), and General Commercial/Heavy Commercial (CG/CH) to Planned Development (PD) District to allow for the expansion of the Shannon Downtown Medical Campus. Location: 120 East Harris Avenue encompassing the area known as the Shannon Medical Center Downtown, more specifically being Shannon Medical Center Downtown, Block 22A, Section 1, Lot A, Shannon Medical Center Downtown, Block 1, Section 2, Lot A, Shannon Medical Center Downtown, Block 15A, Section 1, Lot A, Frary Addition, Block 2, Lots 1 thru 4, San Angelo Addition, Block 5, Lots 16 thru 20, San Angelo Addition, Block 21, Lots 1, 2, 5, 9, 10, 15 thru 20, the west 26.4’ of Lot 3, and the west 25’ of Lot 6, San Angelo Addition, Block 21½, Lot 1, San Angelo Addition, Block 22½, Lots 3 thru 12, Upton Addition, Block 22½, Lots 20-24 and the west 75’ of Lot 19, Miles Acre Lots, 22½, Lots 31 and 32, in central San Angelo Purpose: To allow for the cohesive expansion of Shannon Medical Center Downtown and associated accessory uses. Contacts: Dale Droll, Shannon representative 325-657-8233 Kari LeBoeuf, Planner 325-657-4210 AJ Fawver, Planning Manager 325-657-4210
  41. 41. Summary: The City Council may: (1) approve the proposed planned development as presented;or (2) modify the application to another zoning district believed to be more appropriate; or (3) modify the proposed planned development with additional conditions believed to be more appropriate; or (4) deny the proposed planned development. Recommendation: Planning Commission, by a unanimous vote of 7-0, and Planning staff recommends approving the proposed Planned Development. History and Background: General Information Existing Zoning: a combination of General Commercial/Heavy Commercial (CG/CH), General Commercial (CG), and Low-Rise Multifamily Residential (RM-1) Existing Land Use: Hospitals, medical offices, parking lots Surrounding Zoning/Land Use: North: RM-1 Central High Freshman Campus West: CBD First Christian Church, Shannon parking lots South: CG/CH Shannon parking lots & clinic, Residences East: CG/CH Various commercial activities Thoroughfares/Streets: Beauregard Avenue is classified as an “arterial” street and is designed to carry heavy traffic throughout the downtown. Main Street is classified as an “arterial” street and is designed to carry heavy traffic throughout the city. Harris Avenue is classified as an “arterial” street and is designed to carry heavy traffic throughout the city. Oakes Street is classified as a “local” street. This street carries a fair amount of traffic like a
  42. 42. “collector” but at the slower speed of a “local” street. Magdalen Street is classified as a “local” street and is designed to carry light traffic and slower speeds. College Avenue is classified as a “local” street and is designed to carry light traffic and slower speeds. Koberlin Street is classified as a “local” street and is designed to carry light traffic and slower speeds. Woodrow Street is classified as a “local” street and is designed to carry light traffic and slower speeds. Zoning History: This area has been zoned for commercial and multi-family residential use since at least 1969. Applicable Regulations: Zoning Ordinance Section 306.A.1. “The purposes of the Planned Development District include…allow diversification of uses, structures, and open spaces and to promote flexibility of design in a manner compatible with existing and allowed uses of land on adjacent properties.” Section 306.A.4. “The purposes of the Planned Development District include…promote the efficient use of land to facilitate a more economic arrangement of buildings, uses of land and utilities.” Section 306.A.5. “The purposes of the Planned Development District include…promote the development of vacant property within the presently developed urban area.” Section 306.B.1. Allowed uses include “Any use or combination of uses otherwise authorized by these zoning regulations…if such use or uses is consistent with, and meets the standards for, the concept plan and PD District approved by the City Council. Allowable uses shall be listed in a use schedule in the specific ordinance establishing each PD District.”
  43. 43. Section 306.B.2. “It is intended that PD Districts conform as closely as possible to established zoning and subdivision regulations while still allowing maximum flexibility of design to make planned developments as desirable as possible.” Section 306.B.3. “Conditions specified for the development of a PD District shall be construed as conditions precedent to the granting of a Certificate of Occupancy by the Building Official and compliance as required by the City of San Angelo.” Section 505.A.1. “If a Planned Development District ordinance does not establish specific guidelines for land uses, landscaping, facade treatment, screening, setbacks, signage, parking, etc., then the minimum standards of the most similar district shall apply, based on an interpretation by the Planning Director.” Vision Plan Map: Downtown Comp Plan Excerpts: Comprehensive Plan 2009 Update Discovery, The Place, Institutional Campuses: “institutions in cities the size of San Angelo are typically the sole identity driver for the districts and neighborhoods where they are located. As such, the area immediately in and around the anchor assumes that identity as their theme.” Discovery, The Place, Institutional Campuses: “institutions are largely ignoring the community around them and effectively operating as islands. Significant opportunities exist to reach out and create districts with complementary and auxiliary uses that lend themselves to more attractive, pedestrian- friendly, walkable environments.” Vision Plan, Vision Plan Summary, Campus/Institutional, College/University Campus: Goal 1: Purpose: “To improve the standing of community centers and public facilities as pillars of their local neighborhoods and central features of the community as a whole.” Visioning, Sub-District Concepts, Concept 3- Isolated Institutional Campuses: “institutions, both academic and health care, have historically focused on, and master planned, entirely within their own boundaries…a select few cutting-
  44. 44. edge institutions have re-oriented their consciousness, seeking out opportunities to be a “good neighbor,” to plan beyond their walls, and facilitate development of mixed-use environments within and adjacent to their boundaries.” Visioning, Sub-District Concepts, Concept 3- Isolated Institutional Campuses: “The City of San Angelo, together with…medical providers (key institutions), could plan a series of campus environments beyond the “institutional walls,” allowing for a seamless and essential transition to adjacent neighborhoods.” Visioning, Sub-District Concepts, Concept 3- Isolated Institutional Campuses: “The medical industry has been and will continue to be an important part of San Angelo’s economy. The quality of health care and ease of access to it is mentioned repeatedly as a factor of quality-of-life in San Angelo.” Visioning, Sub-District Concepts, Concept 3- Isolated Institutional Campuses: Urban Design Elements to move Shannon toward being a good neighbor: “New uses balanced with complementary auxiliary uses that employees and guests of hospitals look for;” “Hospital expansion areas;” “Pedestrian-friendly streetscape and public places;” “Landscape ordinance;” Downtown, Revitalization Strategies, Strategy 5- Medical/Educational Campus: “In an effort to connect neighborhoods and commercial areas to…community anchors, institutions like Shannon Hospital should transition into more campus-like environments.” Downtown, Catalyst Concepts, Catalyst 3- Shannon Medical District Infill: “Shannon Medical Center…this institutional assemblage is the primary identity driver in this portion of Downtown and, as such, is potentially the primary catalyst for change in an area largely dominated by parking lots, excessive paving, and dilapidated structures. With expansion of their facilities highly likely, and given the sensitive nature of Shannon’s location in Downtown and adjacency to fragile interior neighborhoods,
  45. 45. growth should be planned carefully and deliberately.” Downtown, Catalyst Concepts, Catalyst 3- Shannon Medical District Infill: Urban Design Elements for Catalyst 3: “Buildings used to scatter parking in multiple directions of the hospital, minimizing distances;” “Internalized parking within the block and shared with complementary uses;” “Improved “campus” environment;” “Improved streetscapes, continuous sidewalks, and pocket parks;” “Range of housing opportunities for both patients and employees near the hospital, including lofts, townhomes, and live-work/home-office units;” “Loft buildings and townhomes, office space for medical practices and supporting commercial;” “Establish district boundaries;” “Evaluate potential for land assemblages” Special Information Traffic Concerns: Though an expansion could increase traffic through downtown, the streets are fully improved and an increase in traffic will make for a more viable downtown for all businesses and visitors. Parking Requirements: Please see draft ordinance Section 8 Parking Provided: Yes Notification Required: Yes Notifications Sent: 42 Responses in Favor: Responses in Opposition: Analysis: In order to approve this request, the City Council members are first required to find: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.
  46. 46. 2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance. 3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land. 4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment. 5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment. 6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need. 7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community. The staff recommendation is based upon the statements listed below. Planning Commission and Planning staff are recommending approval of this Planned Development (PD) District for several reasons. This proposed PD is compatible with the plans and policies of the City of San Angelo, is consistent with the City’s Zoning Ordinance, and will be compatible with the surrounding downtown area. This proposed PD will also fit in well with the development patterns the city desires in the downtown area as called for and illustrated in the Comprehensive Plan and the Vision Map. Section 306.A. of the Zoning Ordinance speaks to the several purposes of a Planned Development (PD) District, specifically stating that such districts should, “promote the efficient use of land to facilitate a more economic arrangement of buildings, uses of land and utilities” and “promote the development of vacant property within the presently developed urban area.” This proposed PD will accomplish these purposes by providing standards that offer the flexibility a campus needs to effectively and efficiently utilize its property, while ensuring that it is developed cohesively. Creating a PD for the Shannon campus will ensure that standards are in place that will benefit not only Shannon but also the community as a whole. Simply extending the Central Business District (CBD) zoning to encompass Shannon hospital and it’s various related buildings is not advisable as the CBD has some standards that would be detrimental to the citizens if allowed on the Shannon property. For example, the CBD does not require any off-street parking. This would obviously have a serious and detrimental effect on the downtown if Shannon did provide its own parking. This is one of several CBD regulations that necessitate a Planned Development for Shannon. Another purpose of a PD, as stated in
  47. 47. Section 306.A.1., is to “allow diversification of uses, structures, and open spaces and to promote flexibility of design in a manner compatible with existing and allowed uses of land on adjacent properties.” Zoning Ordinance section 306.B.1. states that allowed uses for a PD include, “Any use or combination of uses otherwise authorized by these zoning regulations…if such use or uses is consistent with, and meets the standards for, the concept plan and PD District approved by the City Council.” The Comprehensive Plan calls for facilities like Shannon to “transition into more campus-like environments” while striving “to improve the standing of community centers and public facilities as pillars of their local neighborhoods and central features of the community as a whole” and to be a “good neighbor.” One of the most prominent strategies outlined in the Comprehensive Plan to accomplish these goals is “to reach out and create districts with complementary and auxiliary uses that lend themselves to more attractive, pedestrian-friendly, walkable environments.” Another very important strategy is to plan “campus environments beyond the “institutional walls,” allowing for a “seamless and essential transition to adjacent neighborhoods.” Other strategies include, “pedestrian-friendly streetscape[s] and public place[s],” and a “landscape ordinance.” This proposed PD is an attempt to create a cohesive, distinctive, attractive campus environment that complements the surrounding downtown area, while moving toward full utilization of the vacant urban property that Shannon owns. The draft ordinance’s Section 5 lists several primary and accessory uses that Planning staff has determined are appropriate for a hospital campus. Section 11 of the draft ordinance outlines landscape standards for the campus. The draft ordinance also sets standards for the building facades, signage, parking and loading space, and other development standards that will fit in well with downtown. This proposed PD will result in changed conditions that will benefit the community as a whole as the Comprehensive Plan reports that, “The medical industry has been and will continue to be an important part of San Angelo’s economy. The quality of health care and ease of access to it is mentioned repeatedly as a factor of quality-of-life in San Angelo.” The various lots within this proposed PD boundaries currently have different zoning classifications and, therefore, different regulations for each lot which makes cohesive development of Shannon difficult. A PD for the campus will benefit those who work at and use Shannon as well as those within the downtown. This proposed PD could also have a positive impact on the natural environment as extensive landscaping is proposed throughout the campus. It will also have a positive impact on the pedestrian environment as a walkable, easily navigable campus with landscaping and other pedestrian amenities will make for a pleasant pedestrian experience. For all of the reasons stated above, the Planning Commission and the Planning staff is recommending approval of the proposed Planned Development District for the Shannon Medical Center Downtown. Proposed Conditions Please see draft ordinance.
  48. 48. Attachments: excerpt from zoning map, showing the general location within the City of San Angelo; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; draft ordinance; Presentation: AJ Fawver, Planning Manager Reviewed by: AJ Fawver, Planning Manager (enter a date here)
  49. 49. 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: 120 East Harris Avenue, encompassing the area known as the Shannon Downtown Medical Campus, more specifically being Shannon Medical Center Downtown, Block 22A, Section 1, Lot A, Shannon Medical Center Downtown Block 1, Section 2, Lot A, Shannon Medical Center Downtown, Block 15A, Section 1, Lot A, Frary Addition, Block 2, Lots 1 thru 4, San Angelo Addition, Block 5, Lots 16 thru 20, San Angelo Addition, Block 21, Lots 1, 2, 5, 9, 10, 15 thru 20, the west 26.4’ of Lot 3, and the west 25’ of Lot 6, San Angelo Addition, Block 21½, Lot 1, San Angelo Addition, Block 22½, Lots 3 thru 12, Upton Addition, Block 22½, Lots 20-24 and the west 75’ of Lot 19, Miles Acre Lots, 22½, Lots 31 and 32, in central San Angelo; a zone change from a combination of Low-Rise Multifamily Residential (RM-1), General Commercial (CG), and General Commercial/Heavy Commercial (CG/CH) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY RE: PD 12-02: Shannon Medical Center WHEREAS, the Planning Commission for the City of San Angelo and the governing body for the City of San Angelo, in compliance with the charter and the state law with reference to zoning regulations and a zoning map, have given requisite notice by publication and otherwise, and after holding hearings and affording a full and fair hearing to all property owners and persons interested, generally, and to persons situated in the affected area and in the vicinity thereof, is of the opinion that zoning changes should be made as set out herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enacted by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 120 East Harris Avenue encompassing the area known as the Shannon Medical Center Downtown, more specifically being Shannon Medical Center Downtown, Block 22A, Section 1, Lot A, Shannon Medical Center Downtown, Block 1, Section 2, Lot A, Shannon Medical Center Downtown, Block 15A, Section 1, Lot A, Frary Addition, Block 2, Lots 1 thru 4, San Angelo Addition, Block 5, Lots 16 thru 20, San Angelo Addition, Block 21, Lots 1, 2, 5, 9, 10, 15 thru 20, the west 26.4’ of Lot 3, and the west 25’ of Lot 6, San Angelo Addition, Block
  50. 50. 21½, Lot 1, San Angelo Addition, Block 22½, Lots 3 thru 12, Upton Addition, Block 22½, Lots 20-24 and the west 75’ of Lot 19, Miles Acre Lots, 22½, Lots 31 and 32, in central San Angelo shall henceforth be permanently zoned as follows: Planned Development (PD) District for a medical facilities campus. The Director of Planning is hereby directed to correct zoning district maps in the office of the Director of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the hereinabove described property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended. SECTION 3: That the following severability clause is adopted with this amendment: SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance. SECTION 4: That the following penalty clause is adopted with this amendment: PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense. SECTION 5: That the following are approved as allowed uses for the property previously described: A. Hospitals. Such use provides medical and/or surgical care to patients and offers overnight care for said patients. B. Medical office buildings. Such use provides medical and/or surgical care to patients with no overnight care provided for said patients. C. Parking garages. Such use provides for a multi-story structure for parking for the exclusive use of staff, trainees, patients, and their visitors. D. Housing facilities for staff or trainees. Such use shall provide living quarters for the exclusive use of staff and/or trainees.
  51. 51. E. Housing facilities for visiting family of patients. Such use provides short-term (less than 30 days) living quarters for the visiting family of patients in care. F. Accessory uses. Such uses shall be functionally connected with the operation of a medical facilities campus and therefore are approved for the property previously described, so long as they remain “accessory” as defined in SECTION 8 below: I. parking for emergency vehicles that service the medical facilities; II. offices to serve the allowed uses of the medical campus for the exclusive use of staff and/or trainees; III. laboratories for the exclusive use of staff and/or trainees; IV. teaching facilities for the exclusive use of staff and/or trainees; V. maintenance facilities to service the medical campus for the exclusive use of staff and/or trainees; VI. food and beverage sales to exclusively service staff, trainees, patients, and their visitors; VII. retail goods sales to exclusively service staff, trainees, patients, and their visitors; VIII. religious institutions and services to exclusively service staff, trainees, patients, and their visitors; IX. day care to provide care, protection, and supervision for children and/or adults to exclusively service staff, trainees, patients, and their visitors; and X. meeting areas for medical-related discussion; SECTION 6: Building façade standards for the Shannon Medical Center- Downtown shall include the following: A. Building facades shall be consistent and unified in architectural style, color palette, materials, and detailed ornamental features as detailed in Exhibit A. B. Building entrances shall be clearly defined through architectural details, materials, and/or ornamental features, and highly visible.
  52. 52. C. Exterior materials shall be limited to the following: 1. Brick; 2. Stucco (cementitous finish only); 3. Architectural concrete masonry; 4. Hardiplank or similar cementitious siding; 5. Field stone, ledge stone, or other native veneer; 6. Cast stone (for lintels, trim elements, and ornamentation); and 7. Metal (for beams, lintels, trim elements, and ornamentation). D. Additional building façade material types may be approved at the discretion of the Planning Director. SECTION 7: Development standards for the Shannon Medical Center-Downtown shall include the following: A. Maximum floor area ratio for each lot shall not exceed 4.0. B. Setbacks (front, side, and rear) for all structures shall be 0 feet, or 10’ if abutting a residential district or use. C. Outdoor storage shall not exceed 5 percent of the total area of each lot. D. The following features shall be fully screened from public view: 1. Outdoor storage; and 2. Mechanical equipment. E. The following features shall be at least partially screened from street view by landscaping (as detailed in SECTION 11), by benches and other street furniture, or by the use of landscaping along with berms, walls, or decorative fences, as approved by the Planning Director: 1. Water quality control facilities; 2. Stormwater drainage facilities; 3. Metal buildings less than 1200 square feet; and 4. Areas where vehicles are moved, loaded, parked, or stored. F. Screening shall be of a natural material coordinating with building facades shown in Exhibit A and listed in Section 6.C. of this ordinance or landscaping as detailed in SECTION 11 of this ordinance. G. Metal buildings less than 1200 square feet shall be allowed. H. Opaque metal fences shall not be allowed.
  53. 53. SECTION 8: Off-street parking standards for the Shannon Medical Center- Downtown shall be consistent with these standards as outlined in Chapter 9 of the Zoning Ordinance: A. Hospitals: 1 parking space per 4 patient beds, and 1 parking space per staff doctor, and 1 parking space per 4 employees. B. Medical office buildings: 1 parking space per 300 square feet. C. Housing facilities for staff or trainees: 1 parking space per residential unit. D. Housing facilities for visiting families of patients: 1 parking space per residential unit. E. Accessory uses shall not require off-street parking. SECTION 9: Loading space standards for the Shannon Medical Center Downtown shall be as follows: A. Every nonresidential building having at least 20,000 square feet of gross floor area shall have a minimum of one off-street loading space, with one additional off-street loading space for each additional 60,000 square feet of gross floor area or major fraction thereof. B. Each required off-street loading space shall be not less than 10’ in width, 45’ in length, and 14’ in height. C. Each required off-street loading space shall be located entirely outside of public rights-of-way for streets and alleys and entirely on the same lot as the building to which it is accessory. D. No open area in a required off-street loading area shall be consistently encroached upon by any other use. E. In no case shall off-street parking spaces be used to satisfy off-street loading space requirements. F. Off-street loading space off of an alley shall not requiring screening as detailed in Section 7.E.
  54. 54. SECTION 10: All signage for the Shannon Medical Center Downtown shall conform to the following: A. Off-site signage shall not be permitted. B. Freestanding pole signs shall not be permitted. C. Freestanding signs shall not exceed 30 feet in height or 75 square feet in area. D. All signage shall be of materials and colors as shown in Exhibit B or of a natural material and color coordinating with building facades shown in Exhibit A and listed in Section 6.C. of this ordinance. E. Freestanding monument signs: I. maximum signage area shall not exceed 1.5 square feet per 1 linear foot of street frontage per lot; II. may be placed at any angle; III. must be set back at least 5 feet from any internal side lot line; IV. may have a setback of 0 feet from any right-of-way pavement edge; V. shall not exceed 3 feet in height if placed within 10 feet of any right-of- way pavement edge; VI. shall not exceed 3 feet in height if placed within a 30 foot sight triangle of the intersection of two converging property lines; F. Attached signs (canopy, awning, fascia, projecting, sloping roof signs): I. maximum signage area may be up to 25 percent of the area of the wall to which the sign(s) is(are) attached; II. shall not extend more than 5 feet above the roofline of the building to which it is attached; III. shall not extend more than 5 feet above the top of the wall to which it is attached;
  55. 55. IV. signs projecting over any public rights-of-way that are larger than 16 square feet must be approved by the City Council after notice and public hearing to consider any potentially detrimental effects; V. signs projecting over the public rights-of-way that are less than 16 square feet shall maintain a distance of at least 18 inches from the curb line or street edge, if no curb exists; VI. signs projecting over the public rights-of-way that are less than 16 square feet shall maintain a minimum height of 9 feet from the grade level to the bottom of the sign; SECTION 11: Landscaping standards for the Shannon Medical Center Downtown shall be as follows: A. Xeriscaping and water use reduction strategies shall be incorporated into overall landscape design through the use of drought tolerant plant species native and well suited to West Texas. B. Landscaped areas may include planters, brick, stone, natural forms, or other landscape features that provide a park-like setting. C. Landscaped areas, or plants, adjacent to pavement must be protected with a concrete curb or equivalent barrier such as: 1. Asphalt curbs; 2. Railroad ties (anchored); 3. Rock or stone curbs (anchored); or 4. Wheelstops (anchored). D. Landscaping plant material shall be of healthy stock, be native and naturalized, and have low water requirements. E. Dying or diseased landscaping plant material shall be replaced with an equivalent plant material. F. Adequate soil depth and width to encourage healthy growth shall be provided. G. Shannon Medical Center Downtown shall be responsible for the irrigation of all required landscape areas and plant materials, utilizing one or a combination of the following methods: 1. An automatic or manual underground irrigation system; 2. A drip irrigation system; 3. A rainwater capture system or equivalent; or

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