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Lessor’s agents not contained herein. No amendment to this lease shall be effective unless such
is in writing and signed by both parties.
VIOLATIONS OF LEASE
14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES THAT
THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR COVENANT,
SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE.
FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE
CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE.
TEXAS LAW TO APPLY
14.7 The parties hereby agree that Texas law will control the interpretation or enforcement of
this lease. This lease has been executed in Texas, and all obligations hereunder are performable
in Tom Green County, Texas.
INVALID OR ILLEGAL PROVISIONS
14.8 If any provision of this lease is held invalid as to any person or set of circumstances, such
holding shall not affect the validity of any remaining provision of this lease or any provision’s
application to other persons not similarly situated or to other circumstances.
REIMBURSEMENT OF LESSOR’S EXPENSES
14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited to,
attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations under this lease,
which include, but are not limited to, collection of rental fees and collection of utility payments,
taxes and other legitimate assessments.
NOTICES
14.9 All notices concerning this lease shall be in writing and delivered to the parties at the
addresses below:
LESSEE: Ebba Furlong
2262 Joy Road
San Angelo, Texas 76904
LESSOR: City of San Angelo
Attn: Water Utilities Director
72 W. College
San Angelo, Texas 76903
[SIGNATURE PAGE TO FOLLOW]](https://image.slidesharecdn.com/agendapacket-130510095744-phpapp01/75/City-Council-May-14-2013-Agenda-packet-29-2048.jpg)
![4
Vision Plan Map: Industrial
Related Comp Plan Excerpts: Intent of Industrial in the Comprehensive
Plan is to, “[dedicate areas for] supporting the
local economy while mitigating some of their
potentially undesirable secondary effects on
nearby residences.”
Industrial section goal one of the
Comprehensive Plan is to "Organize LULUs
(Locally Undesirable Land Uses) into
clusters." The purpose of this goal is to:
"Cluster potentially hazardous industries into
a limited number (given the size of San
Angelo) of larger, isolated areas will minimize
negative effects on residential areas, while
balancing access to these businesses within
the region, rather than putting all of them into
one location."
Special Information
Traffic Concerns: Although the area is residentially zoned, uses are
heavy commercial to light industrial in nature.
Changing the zoning has the potential to generate
additional traffic than if the property remained as-
is. TxDOT expresses concern with increases in
freight movement, which may result with more
intensive industrial zoning.
Parking Requirements: Vary depending upon the use of the property, see
Section 511 of the Zoning Ordinance.
Parking Provided: Parking currently exists, any additional buildings
on the site may require the need for more spaces.
Density: Predominantly large tracts of undeveloped land in
the surrounding areas. The Vision Plan also calls
for 'Industrial' type development in the area.
Notification Required: Yes
Notifications Sent: 6
Responses in Favor: 0](https://image.slidesharecdn.com/agendapacket-130510095744-phpapp01/75/City-Council-May-14-2013-Agenda-packet-110-2048.jpg)
![Requests for Zone Change. [Planning Commission makes recommendation; City
Council has final authority for approval.]
A. Z 13-11: Harold & Margaret Mueller
A request for approval of a zone change from Ranch & Estate (R&E) to Heavy
Manufacturing (MH) to allow for various industrial activities as allowed in Section
310 of the Zoning Ordinance, on the following property:
4017, 4085, 4089, 4091, 4093 and 4125 US Highway 67 Frontage, 3902, 3922
and 3970 Tractor Trail, and 3613, 3669 and 3745 Porter Henderson Drive; more
specifically occupying the Paul Gregory Addition, Block 1, Lots 1-9 (a replat of
Tract B in Section 1 and a replat of Tract C in Section 2) in northeast San
Angelo.
Kevin Boyd, Planner came forward to present this request consistent with staff’s
recommendation of modification of this request to Light Manufacturing Zoning
(ML). Six notices were sent to property owners nearby, none were received. Mr.
Boyd went over some characteristics of the area and photos taken in this area.
The area is zoned Ranch & Estate and presently there is some opportunity for
development in the area. The Vision Plan is calling for industrial type
development on the subject property.
Mr. Boyd went over staff’s recommendation on the matter and that the area was
appropriate for residential development. Given the location within the City Limits
and proximity to a major thoroughfare this area is appropriate for industrial
development. He went over the need for manufacturing zoning within the city and
reminded the commission that manufacturing zoning has no screening
requirements and that this property is on a gateway into the community. The
request to zone the property will be permanent and that while the current owner
of the property is a good steward of the property, down the line that may not
always be the case and that uses may change.
Jeff Hintz, Interim Senior Planner stated why Ranch & Estate was the zoning of
this property and what options the current property owner had regarding future
uses.
Harold Mueller came forward to state that he and the family would be alright with
the ML zoning that staff has recommended as opposed to the MH zoning that
was originally requested.
Darlene Jones made a motion to approve as presented to ML zoning and that
motion was seconded by Ryan Smith. The Motion passed unanimously.](https://image.slidesharecdn.com/agendapacket-130510095744-phpapp01/75/City-Council-May-14-2013-Agenda-packet-120-2048.jpg)
![Runoff Election Procedure
Runoff elections are held for an elective office if no candidate receives the majority of all the votes cast
for such office at such election. The Council shall, immediately upon declaring the official results of the
election, issue a call for a run-off election for each position to which no one was elected. Such run-off
election shall be held on a day to be set by the Council which will comply with State Law, and, in such
run-off election, the two candidates who received in the preceding election the highest number of votes
for each place to which no one was elected shall be voted on again and the candidate who receives the
majority of the votes cast for such place in the run-off election shall be declared elected to such office.
Each person elected at a City election shall take office immediately upon completion of the official
canvass and issuance of a certificate of election to such person (City of San Angelo Charter, Section 45
Election Rules).
The following calendar outlines the runoff procedure for the May uniform election date:
May 11, 2013 Uniform Election day
May 14, 2013 Provide Official STATEMENT OF ELECTED OFFICER NOT APPOINTED BY THE GOVERNOR
and OATH OF OFFICE to candidates who appear to have won, or may win. (Article XVI,
§1, Texas Constitution)
May 14, 2013 Last day for candidate to withdraw (withdrawal request must be received by 5:00 p.m.)
[EC 145.092(d)]
- If a candidate makes a timely withdrawal, the remaining candidate is considered
elected, and the runoff election for that office is not held (EC 145.095)
May 17, 2013 Early Voting Ballot Board meets to count ballots received from outside the U.S. and
process provisional ballots. (EC 87.125(a))
May 17, 2013 Order of Names on Ballot Drawing for possible Runoff Election: Post notice of time and
place of the drawing (EC 52.094)
May 21, 2013 Regular City Council meeting - PERIOD FOR OFFICIAL CANVASS (EC 67.002) between the
3rd
and 11th
day after the election.
- Certification of runoff candidates (EC 2.027)
- Runoff Election ordered and set for June 15, 2013 (scheduled between the 20th
–
45th
day after canvass per EC 2.025(a))
- Order of names on the ballot determined (EC 52.094)
- Until the new officers are qualified, the old members of the governing body
“holdover” and continue to perform the duties of their office (Article 16, Section
17, Texas Constitution)
- Certificate of Election is prepared and duly elected officers sworn in (EC 67.016)
- Reception for newly elected officers and outgoing members](https://image.slidesharecdn.com/agendapacket-130510095744-phpapp01/75/City-Council-May-14-2013-Agenda-packet-324-2048.jpg)
![June 3 – 11th
Early Voting (begins the 12th
day before election day [EC 85.007(a)(1)]
June 15th
Runoff Election
June 21, 2013 Early Voting Ballot Board meets to count ballots received from outside the U.S. and
process provisional ballots. (EC 87.125(a))
June 25, 2013 Special City Council meeting - PERIOD FOR OFFICIAL CANVASS (EC 67.002) between the
3rd
and 11th
day after the election. Other meeting date may be determined on May 14,
2013. Special meeting may be held between the 24th
and 26th
(must be held after the
Early Voting Ballot Board meets)
- Certificate of Election is prepared and duly elected officers sworn in (EC 67.016)
- Reception for newly elected officers and outgoing members
City of San Angelo - CHARTER
ELECTIONS
SECTION 43. ELECTION DAY: The regular municipal election for the City shall be held on a day set by the
City Council which will comply with State law. (Amended 5/6/89)
SECTION 44. ELECTIONS: LAW CONTROLLING: All elections provided for in this Charter, except the
regular election provided for above, shall be called a Special Election, and all such elections shall be
conducted and results canvassed and announced by the authorities as prescribed in the General Election
Laws of the State of Texas, and such General Election Laws shall control in all municipal elections, except
as otherwise herein provided. (Amended 5/6/89)
SECTION 45. ELECTION RULES: The Council shall be the judge of elections and the qualifications of its
Members. At every regular election and every special election called to fill one or more vacant elective
offices, election to each office shall be by a majority of the votes cast for such office at such election.
Where in any election for elective office no candidate receives the majority of all the votes cast for such
office at such election, the Council shall, immediately upon declaring the official results of the election,
issue a call for a run-off election for each position to which no one was elected. Such run-off election
shall be held on a day to be set by the Council which will comply with State Law, and, in such run-off
election, the two candidates who received in the preceding election the highest number of votes for
each place to which no one was elected shall be voted on again and the candidate who receives the
majority of the votes cast for such place in the run-off election shall be declared elected to such office.
Each person elected at a City election shall take office immediately upon completion of the official
canvass and issuance of a certificate of election to such person. (Amended 4/4/70, 4/13/76, 5/6/89 and
11/16/07)](https://image.slidesharecdn.com/agendapacket-130510095744-phpapp01/75/City-Council-May-14-2013-Agenda-packet-325-2048.jpg)
Uploaded byCity of San Angelo Texas
City Council May 14, 2013 Agenda packet
The document is a 5-page agenda for the May 14, 2013 City Council meeting in San Angelo, Texas. The agenda includes 16 items to be discussed, with several items involving proposed changes to zoning ordinances and amendments to the city's comprehensive plan. Public hearings and presentations from city staff are scheduled on issues relating to land use and development in various areas around San Angelo.
More Related Content
City Council May 14, 2013 Agenda packet
- 1. City Council AgendaPage 1 of 5 May 14, 2013 NOTICE OF A PUBLIC MEETING AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, May 14, 2013 McNease Convention Center, Council Chambers, South Meeting Room 500 Rio Concho Drive San Angelo, TX 76903 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 208, 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 C. Proclamations “Employee Health & Fitness Month”, May 2013, to be accepted by Eric Becker, Chief Executive Officer, San Angelo Community Medical Center, Sheryl Pfluger, Business Development and Marketing Director, San Angelo Community Medical Center, Janet Charlesworth, Wellness Coordinator, Employee Health Clinic, and Mary Solomon, Wellness Coordinator, Employee Health Clinic “Motorcycle Safety and Awareness Month”, May 2013, to be accepted by Joe Estrada of Survivors United Motorcycle Club D. Public Comment The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment. II. CONSENT AGENDA 1. Consideration of approving the April 16, 2013 City Council Regular meeting minutes 2. Consideration of awarding bid WU-07-13 for the Water Treatment Plant Polymer coagulant aid to Polymer Bid to Chameleon Industries, Inc. (Mesquite, TX), in the amount of $91,800.00,andauthorizing the City Manager or his designee to execute any necessary related documents (submitted by Water Utilities Director Ricky Dickson) 3. Consideration of authorizing the sale of the following residential properties for the appraised value and authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal
- 2. City Council AgendaPage 2 of 5 May 14, 2013 documents pertaining to the sale of subject properties, subject to completion of all curative requirements: (submitted by Water Utilities Director Ricky Dickson) a. 1932 Shady Point Circle Drive, Lot 52, Group Shady Point (Marks), $86,095.00 b. 1604 Shady Point Circle Drive, Lot 58-B, Group Shady Point (Reed), $25,172.00 c. 1601 Shady Point, Lot 123-A, Group Shady Point (Richmond), $23,101 d. 2658 Kings Road, Lot 49, Group Fishermans Road (Matthews), $101,314.00 e. 2690 Sleepy Hollow Road, Lot 57, Group Fishermans Road (Povac), $90,647.00 f. 2005 Beaty Circle, Lot 10-A, Group 1 (Johnson), $77,811.00 4. Consideration of approving the renewal of residential leases for the following properties and authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the lease renewal: (submitted by Water Utilities Director Ricky Dickson) a. Lot 19, Group 2, 2029 American Legion Road (Simpson) b. Lot 1, Group 16, 2262 Joy Road (Furlong) 5. Consideration of adopting a Resolution authorizing the City Manager to execute a Memorandum of Understanding, in substantially the attached form, with Goodfellow Air Force Base 17th Civil Engineering Squadron Readiness and Emergency Management Flight providing for sharing emergency response information through defense connect online communications and Web EOC (submitted by Interim Emergency Management Coordinator Teresa Covey) 6. Consideration of adopting a Resolution authorizing the City Manager to execute a Lease Agreement, in substantially the attached form, between Action Career Training and the City of San Angelo for use of the Foster Communications coliseum parking lot (Submitted by Civic Events Manager Angelica Pena) 7. Consideration of adopting a Resolution authorizing the City Manager to execute Supplemental Lease Agreement No. 1, to lease DACA63-5-12-0329, in substantially the attached form, and all related documents, between the City of San Angelo and the United States of America (USA) at San Angelo Regional Airport (submitted by Airport Director Luis Elguezabal) III. REGULAR AGENDA: E. PUBLIC HEARING AND COMMENT 8. Consideration of adopting a Resolution implementing Drought Level II of the City of San Angelo's Water Conservation and Drought Contingency Plan (Presentation by Water Utilities Director Ricky Dickson) 9. Discussion and possible action on matters related to the City of San Angelo Animal Shelter Spay Neuter Assistance and Adoption Subsidy Programs: a. Consideration of implementing an updated version of the Spay Neuter Assistance Program; and, b. Consideration of implementing an Adoption Subsidy Program; and c. Consideration of authorizing the City Manager or his designee to apply for funding through various grants, foundations and other fundraising initiatives which do not obligate the city financially (Presentation by Health Services Director Sandra Villarreal) 10. Discussion and consideration of approving a petition requesting annexation by area landowners (to San Angelo’s City limits) of certain properties situated immediately west/southwest of San Angelo and encompassing a vacant 24.484 acre tract extending northwest from Mills Pass Drive, and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the proposed Prestonwood Addition, Section Two (Presentation by Interim Director of Development Services AJ Fawver)
- 3. City Council AgendaPage 3 of 5 May 14, 2013 11. First Public Hearing and consideration of approving Planning Commission’s recommendation of a Zone Change from Ranch & Estate (R&E) to Light Manufacturing (ML) in lieu of applicant's request for Heavy Manufacturing (MH), and consideration of introducing an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-11: Harold and Margaret Mueller 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: 4017, 4085, 4089, 4091, 4093 and 4125 US Highway 67 Frontage, 3902, 3922 and 3970 Tractor Trail, and 3613, 3669 and 3745 Porter Henderson Drive. This property specifically occupies the Paul Gregory Addition, Block 1, Lots 1-9 (a replat of Tract B in Section 1 and a replat of Tract C in Section 2) in northeast San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Light Manufacturing (ML) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Interim Senior Planner Jeff Hintz) 12. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-13: David and Pam Hilton 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: 525 Preusser Street, located at the southwest corner of Preusser Street and North Poe Street. This property specifically occupies the Ellis Addition Block 4, N 115'of Lots 1 & 2 and E 33.5' of Frary Addition, Block 19, Lot 6, in central San Angelo, adding the zoning classification of Historic Overlay (HO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Interim Director of Development Services AJ Fawver) 13. Consideration of approving an amendment to Vision Plan Component of the San Angelo Comprehensive Plan update adopted in 2009, specifically properties starting approximately 800 feet west from the intersection of Loop 306 and Baze Street, thence in a northerly direction to FM 2105, and easterly through the city landfill and encompassing properties annexed to the city limits in December of 2011, and city owned properties east of north US Highway 67 north and east of the current industrial park in the far northeast portion of San Angelo (Presentation by Interim Senior Planner Jeff Hintz) 14. Discussion and possible action regarding an amendment to the Thoroughfare Plan Component of San Angelo's Comprehensive Plan, specifically planned projections of Smith Boulevard and Paulann Boulevard and other planned thoroughfares in northeast San Angelo (Presentation by Interim Senior Planner Jeff Hintz) 15. Consideration of approving an amendment to Vision Plan Component of the San Angelo Comprehensive Plan update adopted in 2009, specifically properties located south from the intersection of Grand Canal Road and US Highway 277, south to the city limit line, and properties located just east of the city limits line, but outside the city limits in southern San Angelo (Presentation by Interim Senior Planner Jeff Hintz)
- 4. City Council AgendaPage 4 of 5 May 14, 2013 16. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo PD 13-02: Luke Burnett 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 1245 Grand Canal Road, located approximately 500 feet east of the intersection of Grand Canal Road and Clarice Court. The property specifically occupies a proposed Second Replat of Sunset Ranch Estates, Section Two, Block Two, Lot 17B in southern San Angelo, changing the zoning classification from Office Warehouse (OW) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Interim Senior Planner Jeff Hintz) 17. Consideration of approving Change Order #15 to include the repair of the pedestrian bridge west of Abe Street under the agreement with Templeton Construction Co., Inc., Construction Manger at Risk, for the Concho River & Parks Rehabilitation Project PK-05-10 in the amount of $167,128.00, and requesting approval for said amount to be funded in equal parts by River Project contingency funds and the City Self-Insurance Fund; and authorizing the City Manager to execute said change order (Presentation by Parks and Recreation Director Carl White) 18. Discussion and possible action on matters related to the establishment of new landscape plantings for some development projects (River Corridor, Rio Vista Park, Love Municipal Pool, and City Hall Plaza) (Presentation by Parks and Recreation Director Carl White) 19. Discussion and possible action on matters related to the fiscal year 2012-2013 budget: a. Cash flow available for General Capital Projects, b. Revenues in excess of expenditures, and c. Ambulance fees (Presentation by Budget Manager Morgan Chegwidden) 20. Consideration of approving a request for permit for the collection, removal, transport and disposal of garbage, trash and debris within the San Angelo city limits in accordance with Section 11.403 of the San Angelo Code of Ordinances for the following companies: 1) Texas Disposal Systems, Inc.; 2) TxAlloy, Inc. DBA Acme Iron & Metal Co.; 3) Briley Services (Presentation by Operations Director Shane Kelton) 21. Discussion on matters related to the Design and Historic Review Commission (DHRC): a. Discussion regarding the dissolution of the Historic Preservation Commission (HPC) and River Corridor Commission (RCC) and creation of the Design and Historic Review Commission (DHRC) b. Discussion and possible action related to the assigned duties and responsibilities of the DHRC as approved by City Council on August 21, 2012 and finalized on September 4, 2012 (Presentation by Interim Director of Development Services AJ Fawver) F. FOLLOW UP AND ADMINISTRATIVE ISSUES 22. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed 23. Presentation of and possible action on matters related to the potential Runoff Election scheduled for Saturday, June 15, 2013
- 5. City Council AgendaPage 5 of 5 May 14, 2013 24. Consideration of approving a Board nomination by Council and designated Councilmembers: a. Ft. Concho Museum Board: Martha King (SMD2) to an unexpired term January 2014 25. Announcements and consideration of Future Agenda Items 26. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Thursday, May 9, 2013, at 5:00 P.M. /s/________________________ Alicia Ramirez, City Clerk
- 6. CITY COUNCIL MINUTERECORD The City of San Angelo Page 465 Tuesday, April 16, 2013 Vol. 104 OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at A.M., Tuesday, Date, 2013, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All dulyauthorized members of the Council, to-wit: Mayor, Alvin New Councilmember Paul Alexander Councilmember Dwain Morrison Councilmember Johnny Silvas Single Member District #4 - Vacant Councilmember Kendall Hirschfeld Councilmember Charlotte Farmer were present and acting, with the exception of Councilmember Farmer, thus constituting a quorum. Whereupon, the following business was transacted: An invocation was given by Pastor Stephen Wilhoite of the Assemblyof God - Word of Life and pledge was led by Brittany Taylor, Grader at Texas Leadership Charter Academy. PROCLAMATION “West Texas Genealogy Appreciation Day”, April 26, 2013, Commemoration of the 40th Anniversary, was accepted by Susan Ball, President San Angelo Genealogical and Historical Society. PUBLIC COMMENT Public comments were made by Councilmember Silvas suggesting Council should consider addressing the future agenda items at the beginning of the meeting. He requested the following future agenda items: staff update regarding the construction project cliche build up on Avenue P, revisit noise ordinance related to vehicles, and an update on the Med Hab economic incentive project. Councilmember Morrison requested an update on the ordinance regarding loud noise from an air or engine brake (jake brake), specifically along US Hwy 87, and concurred with Councilmember Silvas’ request on the noise ordinance review. CONSENT AGENDA APPROVAL OF THE APRIL 2, 2013 CITY COUNCIL REGULAR MEETING MINUTES AWARD OF BID(S) AND AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS: VM-06-13: Aerial Bucket Truck, National Joint Powers Association (NJPA) purchasing cooperative contract #060311-All, $94,217.00 VM-07-13: Emergency Vehicle Upfit Equipment, GT Distributors (Austin, TX) Buyboard Contract #363-10, $54,286.27
- 7. Page 466 Minutes Vol.104 April 16, 2013 APPROVAL OF MATTERS RELATED TO CFM-02-13 CONSTRUCTION AND FACILITIES MANAGEMENT JANITORIAL SERVICES: · ADOPTION OF A RESOLUTION TO AWARD RFB CFM-02-13 CONSTRUCTION AND FACILITIES MANAGEMENT JANITORIAL SERVICES TO DONNA BARGLEY AND CURTIS E. BARGLEY D/B/A BARGLEY JANITORIAL SERVICES AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE A SERVICES AGREEMENT, AND RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND DONNA BARGLEY AND CURTIS E. BARGLEY D/B/A BARGLEY JANITORIAL SERVICES IN ACCORDANCE WITH SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE (Page 473, #2013-04-055) · ADOPTION OF A RESOLUTION TO AWARD RFB CFM-02-13 CONSTRUCTION AND FACILITIES MANAGEMENT JANITORIAL SERVICES TO ABM JANITORIAL SERVICE - SOUTH CENTRAL, INCORPORATED AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE A SERVICES AGREEMENT, AND RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND ABM JANITORIAL SERVICE - SOUTH CENTRAL, INCORPORATED IN ACCORDANCE WITH SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE (Page 475, #2013-04-056) · ADOPTION OF A RESOLUTION TO AWARD RFB CFM-02-13 CONSTRUCTION AND FACILITIES MANAGEMENT JANITORIAL SERVICES TO VARSITY CONTRACTORS, INCORPORATED AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE A JANITORIAL SERVICES AGREEMENT, AND RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND VARSITY CONTRACTORS, INCORPORATED IN ACCORDANCE WITH SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE (Page 477, #2013-04-057) AUTHORIZATION FOR THE SALE OF THE FOLLOWING 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: 2810 Red Bluff Road, Lot 18, Group Red Bluff (Benetich),$91,800.00 2165 Gun Club Road, Lot 10, Group 10 (Butts), $88,000.00 ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A SPECIAL WARRANTY DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SAN ANGELO: (Page 479, #2013-04-058) 108 Arlington Street, (Gonzalez), Lots 10 & 11 SAVE & EXCEPT N 65’ & S 20’ , W.E. Phillips, $2,000 ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A TAX-RESALE (QUITCLAIM) DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SAN ANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAX FORECLOSURE JUDGMENT: (Page 481, #2013-04-059) · 2223 Lillie Street, (Ballard), S ½ of S 100’ of N 150’ of S 783.7’ of Block 8, Kirby, $750, Suit No. TAX91-0010B · 309 E 10th Street, (Deanda), N ½ of Lot 7, Block 3, Akins, $750, Suit No. TAX90-0082B · 310 E 9th Street, (Deanda), S 80’ of E 12 2/3’ of Lot 8, S 80’ of Lot 7 & S 80’ of W 1 5/6’ of Lot 6, Block 3, Akins, $750, Suit No. TAX89-0364B · 115 W 16th Street, (Guerra), Lot 3, Block 11, Lasker, $1,900, Suit No. B-06-0088-T · 217 W 16th Street, (Guerra), Lot 3, Block 12, Lasker, $2,500, Suit No. B-05-0274-T · 2327 Lillie Street, (Lewis-McKinney), S 50’ of N 447.7’ of Block 8, Kirby, $750, Suit No. TAX89-0217B
- 8. Minutes Page 467 April16, 2013 Vol. 104 · 209 W 9th Street, (Lewis-McKinney), Lot 3, Block 31, Miles, $750, Suit No. B-95-0055-T · 1923 Coleman Street, (Pearcy), Lot 12, Block 5 “E”, Chapman, $2,500, Suit No. B-07-0200-T · 322 N Harrison Street, (Pearcy), Lot 30, Block 2B, George Allen, $2,500, Suit No. B-09-0050-T · 613 N Adams Street, (Pearcy), Lot 3, Block 93, Angelo Heights, $2,700, Suit No. B-05-0268-T · 800 W 16th Street, (Roberts), Lot 10, Block 5, Mineola, $750, Suit No. TAX89-0032B · 804 W 16th Street, (Roberts), Lot 11, Block 5, Mineola, $750, Suit No. TAX91-0054B · 810 W 16th Street, (Roberts), Lot 12, Block 5, Mineola, $750, Suit No. TAX93-0151B ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO COMMERCIAL LEASE AGREEMENT WITH LESSEE, LEE BROWN AND GALE BROWN , D/B/A SPRING CREEK MARINA, AT LAKE NASWORTHY, SPECIFICALLY-DESCRIBING THE LEASED PREMISES, PROVIDING FOR THE NON-EXCLUSIVE JOINT USE OF CERTAIN AREAS OF THE LEASED PREMISES, AND REVISING INDEMNIFICATION AND INSURANCE REQUIREMENTS OF LESSEE (Page 485, #2013-04-060) ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED LEASE AGREEMENT WITH TEXAS SOUTHWEST COUNCIL OF THE BOYS SCOUTS OF AMERICA, INC, (FORMERLY KNOWN AS CONCHO VALLEY COUNCIL, INC., BOY SCOUTS OF AMERICA) TO AMEND ORIGINAL LEASE AGREEMENT BETWEEN CITY OF SAN ANGELO AND CONCHO VALLEY COUNCIL, INC., BOY SCOUTS OF AMERICA, FOR LEASE OF CITY PREMISES LOCATED AT 104 WEST VETERANS MEMORIAL DRIVE, SAN ANGELO, TOM GREEN COUNTY, TEXAS (Page 487, #2013-04-061) ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO LAKE NASWORTHY CRUISE BOAT CONCESSION AGREEMENT TO: PROVIDE FOR A PRORATED CREDIT AGAINST THE ANNUAL FIXED BASE PAYMENT FOR DAYS DURING A CONTRACT YEAR IN WHICH LAKE LEVEL IS INSUFFICIENT FOR OPERATION OF THE CRUISE BOAT CONCESSION; CLARIFY THE BEGINNING AND ENDING MONTHS APPLICABLE TO THE ANNUAL FIXED BASE PAYMENT SCHEDULE; AND DESCRIBE THE CONCESSION PREMISES (Page 489, #2013-04-062) ADOPTION OF BY-LAWS FOR THE PARKS AND RECREATION ADVISORY BOARD 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 2013 CELEBRATION OF CHAMPIONS IN THE AMOUNT OF $13,136.00 WITH A STATE MATCH OF $82,098.00, TO CREATE A TOTAL TRUST FUND OF $95,234.00 (Page 491, #2013-04-063) SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 493, #2013- 04-064) PD 07-01 (2013 amendment): Carrie & John Maier and Glenn & Peggy Rosser 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: 3512 Ben Ficklin Road, located approximately 200 feet east from the intersection of Ben Ficklin Road and South Bryant Boulevard. This property specifically occupies approximately 10.8 acres in the southwest portion of a 73.9 acre tract of the E Hermes Survey 0174 Abstract
- 9. Page 468 Minutes Vol.104 April 16, 2013 0349 in south central San Angelo, as indicated in Exhibit B of this Ordinance, changing the zoning classification from Ranch & Estate (R&E) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 497, #2013- 04-065) Z 13-08: Cho Walker 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: 1205 South Jackson Street; located approximately 75 feet southwest from the intersection at South Jackson Street and West Avenue H. This propertyspecificallyoccupies the South Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo, changing the zoning classification from a Single Family Residential (RS-1) to a Two-Family Residential (RS-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 499, #2013- 04-066) Z 13-09 AKA PD 07-03 (2013 Amendment): Jack Gabriel AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: a 7.938 acres at southwest corner of South Oxford Drive and A&M Avenue in southwestern San Angelo, amending the zoning classification from a Planned Development (PD) District (PD 07-03) previously approved for assisted group living to specifically add allowance for the operation of a gymnastics academy; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 501, #2013- 04-067) Z 13-10: Mills Development Inc. 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: An unaddressed tract occupying 8.895 acres of the Deaf & Dumb Asylum Survey Number Two, Abstract 8211. This propertywas annexed into the CityLimits on March 5, 2013 and is directly west from Mills Pass Drive along a proposed extension of Autumwood Trail. This property specifically occupies a proposed subdivision titled, Prestonwood Addition, Section Two, Block 6, Lots 1-18 and Prestonwood Addition, Section Two, Block 7, Lots 1-16 in southwest San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Motion, to approve the Consent Agenda, as presented, was made byCouncilmember Morrison and seconded by Councilmember Hirschfeld. Motion carried unanimously.
- 10. Minutes Page 469 April16, 2013 Vol. 104 TABLING OF A RECREATIONAL OR AGRICULTURAL LEASE AGREEMENT WITH MK-ALLAN ENTERPRISES, INC., A TEXAS CORPORATION FOR 9.77 ACRES OF LAND LOCATED ADJACENT TO THE CONCHO RIVER AND AUTHORIZING THE CITY MANAGER OR WATER UTILITIES DIRECTOR TO EXECUTE THE SAME Mayor New suggested the MK-Allen lease agreement be considered in the Regular Agenda and tabled. He noted the lease is related to a possible future recreational vehicle (RV) park and Council has directed staff and established a Housing Committee to address issues and concerns dealing with RV parks. He suggested tabling the item until further research and review by the Housing Committee regarding issues and concerns raised by staff, the Planning Commission, and the public. Mayor New stated the committee will make their recommendations pertaining to the regulations, guidelines, and zoning of recreational vehicles and temporary housing. Council concurred. Motion, to table the item until appropriate and further guidelines are established by staff and the Housing Committee pertaining to regulations and zoning of recreational vehicles and temporary housing, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld. Motion carried unanimously. REGULAR AGENDA: PUBLIC HEARING AND COMMENT DISCUSSION AND NO ACTION REGARDING THE ISSUANCE FOR REBATES OF WATER FEES Assistant City Manager/Chief Financial Officer Michael Dane presented background information. A copy of the presentation is part of the Permanent Supplement Record. He noted staff recommends no action at this time. Councilmember Morrison commented on the recent expenditures for furniture, phone voice system, and the customer service online access software. He expressed concerns that the Council approved funds for these types of expenditures; however, staff does not recommend a rebate for the customers. He again suggested City Council conduct a full audit of the Water Utilities Department. Responding to a question from Councilmember Silvas, Mr. Dane explained when establishing the 75-dayfund balance goal, staff takes into consideration the number of days the City can survive with zero income and still pay for the operating costs (total budget / 365 days X 75 days = $5.2Million). He stated unknown, emergency, or seasonality is taken into consideration thereby allowing the City to deal with unexpected expenditures. By resolution, he noted the City adopted a 75-day goal plan to accumulate the fund balance. Mr. Dane reported the standard is 90 days, but the City Council may adjust the number of days based on excess or positive fund experience. Councilmember Alexander recalled the recent expenditures and spoke in support of the various utility services authorized by City Council to provide customers the tools for better improved customer service within the Water Utility Department. In conclusion, the majority of City Council concurred with staff’s recommendation. DISCUSSION AND UPDATE ON CURRENT WATER SUPPLY Water Utilities Director Ricky Dickson presented background information. He reported the current water level is at 18.2 months supply. Mr. Dickson noted unless the City receives substantial rainfall, we may lose approximately 1300 acre feet before going into Drought Stage Level II (DLII). He informed staff will present a resolution soon to City Council to activate DLII. Mr. Dickson also informed staff is transferring the water from Twin Buttes’ south pool to the north pool. General discussion was held on holding the water level within Lake Nasworthy.
- 11. Page 470 Minutes Vol.104 April 16, 2013 Responding to a question from Councilmember Silvas, Mr. Dickson stated staff does not have a wayto measure the water lost due to a major water break. DISCUSSION OF LATE FEES ASSOCIATED WITH DELINQUENT WATER UTILITY STATEMENTS Water Utilities Director Ricky Dickson presented background information. General discussion was held on the 3- to 4- day time frame from reading the meter to distributing the customer’s invoice, the 28-day invoice due date for a customer to pay their invoice, and the policy of accessing a late fee after the 3:00 p.m. due date time for a customer to pay their invoice. Mr. Dickson explained the department has established the 3:00 p.m. deadline to coordinate the security service pick up of the monies; however, staff will work with any customer should they pay their utility bill after the deadline. In conclusion, City Council felt the 28-day billing cycle was sufficient time to pay the invoice. Responding to a question from Councilmember Silvas, Assistant CityManager/Chief Financial Officer Michael Dane explained a late fee is generated based on the balance after the 28th day on an account. In other words, if a balance exists on a particular date and on a date which is considered overdue, then a late balance is generated. However, he informed staff is unable to generate a report of the number of late fees accessed since the system does not maintain a cumulative history and the calculated field is replaced and updated daily. Mayor New spoke in opposition of a tiered late fee noting the cost to conduct the task is the same. He suggested a set fee noting the discussion should be centered on establishing an appropriate fee. Responding to a question from Councilmember Silvas, City Manager Daniel Valenzuela noted late fees are accessed on a statement of $30 threshold or more, thereby assisting those customers with low or set incomes. General discussion was held on previous discussions regarding they number of assessed late fees, the total amount collected in late fees, possibly considering a set percentage, and the late fees accessed byother utilities. In conclusion, Mayor New suggested the City Council establish a committee to research the percentage fee concept, the impact of accessing the fee, and for the committee to present their findings at a future meeting. Councilmember Morrison spoke in opposition of the $25 late fee charge and supported a 10% set fee. Public comments were made by Citizens Jim Turner, Jamil Tabor, and Bill Richardson. UPDATE AND PRESENTATION ON BOARDS AND COMMISSIONS REGARDING ATTENDANCE, MEETING QUORUM ISSUES, AND RELATED MATTERS City Clerk Alicia Ramirez presented background information. Ms. Ramirez informed the Council the board meeting cancelations were mainly attributed to either board member’s excused absence, lack of agenda items, or in some instances, the lack of a quorum. She suggested staff liaison and board members should consider conducting meetings quarterly or on an as-needed bases as opposed to the monthly set meetings. Mayor New suggested staff also consider when the meetings are scheduled or rescheduled and how to better coordinate the presentation of requested action on a particular item with the CityCouncil meetings, specificallyif a proponent is seeking approval to move forward with their projectand such cancelationsof the board or commission may cause an undue burden to the proponent’s project timeline. Councilmember Hirschfeld concurred.
- 12. Minutes Page 471 April16, 2013 Vol. 104 Responding to a question from Mayor New, Ms. Ramirez informed there have been no instances in which the full board was not able to meet as opposed to only a few members when obtaining a quorum of the board. She added she has been actively recruiting volunteers to serve on the various boards; however, the process and response has been stagnant. She noted she has been working with the Public Information Officer and has made several media presentations. Councilmember Alexander spoke in support of and commented on the importance of the board and commission joint meetings with City Council. Public comment was made by Citizen Jim Turner. RECESS At 10:17 A.M., Mayor New called a recess. RECONVENE At 10:31 A.M., Council reconvened, and the following business was transacted: EXECUTIVE/CLOSED SESSION At 10:31 A.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; and, Section 551.087 to discuss an offer of financial or other incentive to a companyor companies with whom the City of San Angelo is conducting economic development negotiations and which the Cityof San Angelo seeks to have, locate, stay or expand in San Angelo. RECESS At 11:28 A.M., Mayor New called a recess. RECONVENE At 11:39 A.M., Council reconvened, and the following business was transacted: FOLLOW UP AND ADMINISTRATIVE ISSUES CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION No action was taken on matters discussed in Executive/Closed Session. APPROVAL OF A BOARD NOMINATION BY COUNCIL AND DESIGNATED COUNCILMEMBERS: Civic Events Board: Estela Salas (SMD5) to an unexpired term October 2014 Motion, to approve the board nominations by Council and designated Councilmembers, was made by Councilmember Silvas and seconded by Councilmember Hirschfeld. Motion carried unanimously. APPROVAL OF THE CIVIL SERVICE COMMISSION NOMINATION, RAUL LOPEZ, BY CITY MANAGER AND APPROVAL BY CITY COUNCIL Motion, to approve the nomination, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Silvas. Motion carried unanimously. ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS City Manager Daniel Valenzuela distributed the proposed May7, 2013 Agenda and solicited Council comments and suggestions.
- 13. Page 472 Minutes Vol.104 April 16, 2013 Councilmember Silvas requested updates on: · Ave P and Irving construction project and the routine caliche material used on the road surface · Noise ordinance and enforcement of said ordinance · Follow up / update on MedHab incentive project Councilmember Hirschfeld announced he would not be in attendance for May 7th meeting. Mayor New suggested rescheduling the meeting for April 30th or May 14th . (The meeting was scheduled for May 14th ) Councilmember Hirschfeld commented on the recent board consolidation of the Design and Historic Review Commission and the result of the expanded the district. He noted the expansion of the districts have caused issues for existing businesses. Mayor New suggested staff and the board should dissect the boundaries and determine whether the issue is related to either the river corridor or historic boundary. Assistant City Manager/Chief Financial Officer Michael Dane noted staff will also consider issues presented to staff. Public comment was made by Citizen Jamil Tabor. ADJOURNMENT Motion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld. Motion carried unanimously. The meeting adjourned at 11:57 A.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, Mayor ATTEST: _______________________________ Alicia Ramirez, City Clerk 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.)
- 14. City of SanAngelo Memo Date: April 12, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Water Utilities Director Subject: Agenda Item for May 7, 2013 Council Meeting Contact: Ricky Dickson; 657-4209 Caption: Consent Item Consideration of awarding RFB WU-07-13 Polymer bid to Chameleon Industries, Inc. (Mesquite, Tx) in the amount of $91,800.00 for polymer coagulant aid for use in the Water Treatment Plant. Summary: Bids have been received from 2 suppliers for the purchase of liquid polymer. Polymer is a coagulant aid for use at the Water Treatment Plant. History: Historically polymer has been used as a coagulant aid in the treatment of drinking water in the City’s plant. This treatment chemical helps to reduce the amount of primary coagulant required, helps to create heavier flocs and helps to reduce organic compounds. Financial Impact: Total estimated annual expenditure of $91,800.00. Budgeted within the Water Treatment Plant Operating Budget. Related Vision Item (if applicable): na Other Information/ Recommendation: Staff recommends the bids be accepted and the City Manager be authorized to execute the contract documents. Attachments: Bid Tabulation Presentation: None. Publication: None. Reviewed by Director: Ricky Dickson, Water Utilities Director; 657-4209 Approved by Legal:
- 15. Y:13-RFXWater UtilitiesWU0713 Polymer4-9-13WU-07-13 Polymer Bid Tabulation QTY (Wet Tons) 1 Water Production - Polymer 60 1,700.00$ 102,000.00$ 1,530.00$ 91,800.00$ Delivery Days (Calendar Days) Payment Discount RFB's Sent To: Example Waterworks, Inc San Angelo TX Kemira Lawrence KS Chameleon Mesquite TX Altivia Houston TX Omni Water Consultants, Inc. Vinita OK SNF Polydyne Inc. Riceboro GA Ashland Inc. Covington KY Southern Ionics West Point MS Brenntag Southwest Houston TX Brenntag MidSouth (Bought out Altivia) Henderson KY CITY OF SAN ANGELO NA Item Item Description Price/Ton Extended BID TAB RFB: WU-07-13-Polymer/April 9, 2013 SNF Polydyne Price/Ton ExtendedPrice/Ton Extended Brenntag Southwest Inc. Chameleon Industries Inc. NO BID None 3-5 3 None None
- 16. City of SanAngelo Memo Date: April 16, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Water Utilities Director Subject: Agenda Item for May 14, 2013 Council Meeting Contact: Ricky Dickson, Water Utilities Director, 657-4209 Caption: Consent Item Consideration of authorizing the sale of the following residential properties for the appraised value and authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject properties, subject to completion of all curative requirements. Summary: James and Pernicia Marks 1932 Shady Point Circle Drive Lot 52, Group Shady Point $86,095 John Matthews 2658 Kings Road Lot 49, Group Fishermans Road $101,314 Nicholas and Meredith Povec 2690 Sleepy Hollow Road Lot 57, Group Fishermans Road $90,647 Russell and Kristie Reed 1604 Shady Point Circle Drive Lot 58-B, Group Shady Point $25,172 Edward and Monica Richmond 1601 Shady Point Circle Drive Lot 123-A, Group Shady Point $23,101 Richard and Stacy Johnson 2005 Beaty Circle Lot 10-A, Group 1 $77,811 History: None. Financial Impact: Proceeds from the sale of lake lots go into the Lake Nasworthy Trust Fund. Related Vision Item (if applicable): None. Other Information/Recommendation: If the sales are approved at the appraised value, a title examination will be performed and legal staff will prepare a Real Estate Contract of Sale, Special Warranty Deed and Surrender of Lease, as previously approved by City Council. Staff recommends approval.
- 17. Attachments: Appraisal Reports:Marks, Matthews, Povec, Reed, Richmond, & Johnson Presentation: None. Publication: None. Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, April 16, 2013.
- 18. City of SanAngelo Memo Date: May 1, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Water Utilities Director Subject: Consent Item for May 14, 2013 Council Meeting Contact: Ricky Dickson, Water Utilities Director, 657-4209 Caption: Consideration of approving a residential lease renewal with Rodney Simpson, at Lot 19, Group 2, 2029 American Legion, and Ebba Furlong, at Lot 1, Group 16, 2262 Joy Road and authorizing the Water Utilities Director to execute the same. Summary: The current lease for Rodney Simpson expires in 2018 and the lease for Ebba Furlong expires in 2022. They each would like to execute a new 40 year lease for financing purposes. History: Lease fees are current and there are no issues with the lease on these tracts. Financial Impact: Current lease fees: 2013-2017 $683.00 Rodney Simpson 2018 Market Value New lease fees: 2013 $683.00 2014-2017 $820.00 2018-2052 Market Value Current lease fees: 2013-2016 $364.00 Ebba Furlong 2017-21021 $408.00 New lease fees: 2013-2016 $364.00 2017-2021 $408.00 2022-2052 Market Value Related Vision Item (if applicable): None. Other Information/Recommendation: It is recommended that the lease renewals be approved and the Water Utilities Director be authorized to execute the lease. Staff recommends approval. Attachments: Lease Renewal Agreement (Rodney Simpson); (Ebba Furlong)
- 19. Presentation: None. Publication: None. Reviewedby Service Area Director: Ricky Dickson, Water Utilities Director, May 1, 2013.
- 20. 1 LAKE NASWORTHY RESIDENTIALLOT LEASE This lease is made and entered into by and between the CITY OF SAN ANGELO, a Texas municipal corporation, ("Lessor"), whose address is 72 W. College Ave., San Angelo, Tom Green County, Texas 76903, and Ebba Furlong whose address is 2262 Joy Road, San Angelo, Texas 76904, ("Lessee"). I. DEMISE OF LEASED PREMISES 1.1 In consideration of the mutual covenants, conditions and agreements set forth in this lease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts and leases from Lessor, the following described real property (hereinafter called "leased premises") situated in San Angelo, Tom Green County, Texas: Lot 1, Group 16, Lake Nasworthy Addition, according to the map or plat of said Lake Nasworthy Campsites in the custody of the Water Utilities Department of the City of San Angelo (also commonly known as 2262 Joy Road). II. TERM, FEES AND RENT FIXED COMMENCEMENT AND TERMINATION DATE 2.1 This lease is granted for a period of forty (40) years having an effective date beginning May 1, 2013 and ending April 30, 2053, in consideration of the initial payment of $150.00, which payment includes the granting fee, receipt of which payment is hereby acknowledged, and the further consideration of Lessee's payment of future annual rent in accordance with subsequent paragraphs hereof and Lessee's compliance with the stipulations and conditions hereinafter set forth. TIME AND MANNER OF PAYMENT 2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities Department, 72 W. College, San Angelo, Texas, 76903, or at such other place as Lessor may from time to time designate by written notice to Lessee. Such rent shall be paid annually on or before October 1 during the term of this lease in accordance with the following schedule: Dates Annual Rent For the Years 2013 Through 2016 $364.00 For the Years 2017 For the Years 2022 Through 2021 Through 2052 $408.00 $ Market Value*
- 21. 2 * Annual rentshall be the appraised market value of the leased premises multiplied by a factor of 0.08. Such appraised market value shall be determined and adjusted in accordance with applicable City ordinances in effect at the time of execution of this lease. DELINQUENT PAYMENTS 2.3 Lessee shall pay to Lessor a late charge or interest for any rent received by Lessor after the date that the rent is due in accordance with established ordinances, provided however, that this provision for late charges or interest shall not be construed as a waiver of the right of Lessor to terminate this lease at its option as authorized herein. HOLD OVER 2.4 Any holding over by Lessee of the herein leased premises after the expiration of this lease shall operate and be construed only as a tenancy from month to month, terminable at the will of Lessor. III. DEBTS RELATED TO LEASED PREMISES UTILITIES 3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such charges may be deemed a default at the option of Lessor. TAXES 3.2 It is further understood and agreed that Lessee shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this lease may be levied on or assessed against the leased premises and all interest therein and all improvements and other property thereon, whether belonging to Lessor or Leaser to which either of them may become liable. Lessee shall pay all such taxes, charges, and assessments to the public officer charged with the collection thereof not less than fifteen (15) days before the same shall become delinquent, and Lessee agrees to indemnify and save harmless Lessor from all such taxes, charges and assessments. Failure to pay such taxes and special assessments as provided herein may be deemed a default at the option of Lessor. WATER, SEWAGE, PAVING IMPROVEMENTS 3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the vicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost of laying said line or lines as established by and in accordance with city policies then in existence. 3.4 Lessee expressly agrees that if city water or sewer lines are ever located within 200 feet of the leased premises, Lessee will tie on to such service at its own expense at the price established for that specific Lake Nasworthy area.
- 22. 3 3.5 In theevent the Lessor institutes a paving program abutting the leased premises, Lessee shall pay his pro rata share of paving, curb and gutter costs pursuant to prevailing city policies. IV. RULES AND REGULATIONS 4.1 The rules and regulations provided in those certain ordinances of the City Council of the City of San Angelo, ("Council"), adopted April 2, 1951, and now known as the Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendments adopted heretofore or hereafter are expressly incorporated herein by reference as terms and conditions of this lease. This lease is expressly made subject to any ordinances adopted in the future by the Council for the regulation of Lake Nasworthy and surrounding property, including but not limited to, safety, sanitation, and ecological requirements. This lease will be managed by the Water Utilities Department of the City of San Angelo subject to the approval of the Council. V. USE OF LEASED PREMISES CONSTRUCTION BY LESSEE 5.1 The premises shall be used only for a single family residence and lawful uses incidental thereto, and in this connection the following shall be applicable: a. No structure shall be constructed in excess of two stories in height. b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2 foot elevation line. c. No housetrailer, shack, tent, or temporary residence of any type shall be permitted on the leased premises, and no garage or other accessory building shall be used as a residence. d. All structures shall have a foundation that complies with Lessor's building code. e. No outside toilets shall be constructed or maintained on leased premises, and all plumbing shall be connected with a sanitary sewer or with a septic tank which complies in all respects to all state, county and city sanitation regulations and requirements. No septic tank shall be placed, constructed, or maintained nearer than 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to any property line. All wastewater facilities shall conform to all of the City's wastewater ordinances, where applicable. No sewer or drain shall empty into the lake or be constructed so as to flow or wash into the lake. No concrete storm drains may be constructed without the prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable. f. No structure shall be constructed closer than five (5) feet to any property line.
- 23. 4 g. No treesmay be removed from the leased premises without the prior written consent of the Water Utilities Director. h. No improvements or construction work of any kind, including but not limited to, houses, boathouses, piers, pump houses, water wells, storage buildings, fences, excavations, fills, and other types of structures or improvements, shall be built or performed on leased premises without prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable. i. Lessee agrees to comply with all provisions of the Official Code of the City of San Angelo ("Code"), as such now exists or may hereafter be amended including, but not limited to, those provisions regarding building permits and permit fees; inspections and fees therefore; building, plumbing, electrical, and fire standards or requirements; and the regulation of septic tanks. j. After any permit is granted, Lessee expressly agrees that all improvements or construction work shall be built or performed in strict compliance with the terms of the permit and approval granted, that construction shall commence within six (6) months following the date of the permit, and that all construction shall be completed within one (1) year of the date of the permit. k. Lessee may request from the Council a variance or deviation from any term or condition contained herein. l. The Council, prior to granting any extension of an existing lease or a new lease covering the leased premises shall have the right to review the leased premises and improvements thereon and submit in writing to the Lessee the requirements, if any, which shall attach to and become a part of this lease, necessary for compliance with the above-mentioned provisions of the Code. Failure of the Lessee to abide by and comply with said requirements may be deemd a default at the option of Lessor. RESERVATIONS AND EASEMENTS 5.2 Lessor, its agents or assigns, reserves the privilege and right at any time to execute and deliver valid oil, gas and other mineral leases upon the leased premises, and valid right-of-way easements for gas, oil, water, or wastewater pipelines, telephone, telegraph or electric pole transmission lines on said premises, or any part thereof, and in such event this lease shall be subject and subordinate to the rights, terms and privileges of any such oil, gas and other mineral leases or such easements as may have been executed heretofore or hereafter by Lessor, its agents or assigns. An easement across leased premises is hereby retained by Lessor for the purpose of laying sewer and water lines and/or for necessary rights-of-way for roads, alleys or other throughways. VI. ENCUMBRANCE OF LEASEHOLD ESTATE ENCUMBERING LEASEHOLD INTEREST ONLY
- 24. 5 6.1 Lessee shallnot have the right to encumber the fee simple, but Lessee may request Lessor's written consent (pursuant to article XII of this lease) to encumber the leasehold estate, personal property or improvements made by Lessee which may be removed from the realty without injury to the realty; provided however, that no mortgagee nor anyone who claims by, through or under such mortgage or deed of trust shall, by virtue of such mortgage or deed trust, acquire any greater or more extended rights than Lessee has under this lease but such mortgage or deed of trust shall be in every respect subject, subservient and subordinate to all of the conditions, provisions, requirements, covenants and obligations of this lease. The mortgagee under any such deed of trust or mortgage shall have the right to assume this lease and perform its terms and conditions to protect itself. NOTICES TO LENDER 6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed of trust has been given and executed by Lessee and furnish Lessor with the address to which it desires copies of notices to be mailed. Lessor agrees to mail to lender or mortgagee or its designated agent or representative, at the address given, a copy of any notice which Lessor gives, mails, or serves on Lessee under the terms of this lease after receipt of such a notice from the lender or mortgagee. VII. CONDITION OF PREMISES NO WARRANTY 7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON, INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE. AVAILABILITY AND USE OF LAKE WATER 7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor the level of water in Lake Nasworthy. Lessee can use water from the lake, river, and/or wells on the premises for domestic purposes and water of existing trees and shrubs; but no water will be removed from the premises. Use of water for irrigation is expressly prohibited. Lessee shall use water in a conservative manner, and any abusive use of water shall be grounds for denying the use of water to the Lessee. Lessee shall pay the applicable water use charge as set by the Lessor, for water or raw water usage, as the case may be. VIII. REPAIRS AND MAINTENANCE LESSEE'S DUTY TO REPAIR AND MAINTAIN
- 25. 6 8.1 Lessee agreesto keep and maintain any and all structures erected or caused to be erected or placed on the leased premises in good and tenantable condition, to maintain its appearance, and to landscape and keep said premises cleared of all objectionable matter, things, and vegetation. Leased premises shall not be used for the outside storage of usable materials for unreasonable lengths of time. In the event Lessee shall fail to maintain leased premises in a manner acceptable to Lessor, after notice to Lessee as prescribed by city ordinance, the Lessor shall cause leased premises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost of any such clearing, cleaning, and mowing to be billed to it or added to the next annual rental payment, with interest at the rate of ten percent (10%) per annum beginning thirty (30) days from the date on which the work was completed, and continuing until such cost is paid in full. DAMAGE OR DESTRUCTION 8.2 The parties hereto acknowledge that the leased premises are within an area subject to overflow and flooding and it is expressly agreed between the parties that neither Lessor nor any of its agents or employees shall be liable to Lessee for any damages caused in any manner, negligent or otherwise, by high water or floods at Lake Nasworthy, nor by the rivers or creeks which serve as its sources of supply or diversion channels, nor by reason of any work deemed necessary in Lessor's sole judgment in the maintenance of said Lake and sources of supply or diversion channels and all damages occasioned thereby are hereby waived, and when Lessor (or any agent thereof) deems it necessary to enter on the leased premises for any of the above purposes, its judgment shall be conclusive. IX. SUSPENSION OF PRIVILEGES HEALTH MATTERS 9.1 It is expressly understood and agreed that Lessor may at any time, without notice to Lessee or any mortgagee, suspend or revoke any and all privileges granted herein for such length of time as in its sole judgment is necessary for the purpose of suppressing or arresting an epidemic of any contagious or infectious disease, or when, in its sole judgment, any suspension of privileges is necessary to protect the health of the water consumers of San Angelo, Texas. In the event privileges are suspended by Lessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease. PUBLIC PURPOSES 9.2 If Lessor shall deem that leased premises are required for any public purpose or that condemnation is necessary, Lessor shall have the right to terminate this lease by giving ninety (90) days written notice of such termination to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes; and Lessee agrees to promptly deliver possession of leased premises to Lessor; and this lease shall terminate upon the expiration of ninety (90)days after the date of such notice; and in such event Lessor shall pay
- 26. 7 Lessee an amountequal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease. X. RELEASE 10.1 Lessee expressly releases Lessor, its officers, agents, and employees from any and all claims for damages of any kind by reason of the condition of the premises hereby leased, or any improvements thereon or any damages incurred in the enjoyment or exercise of the privileges granted hereunder, or for damage to its person or property caused by the opening of the gates at Nasworthy Dam, the lowering of the normal water elevation in the lake, or due to flood or high water, or any fluctuating water levels which may arise in the use and operation of Lake Nasworthy, or in the joint use and operation of Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposes of recreation, irrigation, and water supply, or for any other purpose. XI. INDEMNIFICATION 11.1 LESSEE FURTHER AGREES FOR LESSEE AND LESSEE’SSUCCESORS IN INTEREST TO INDEMNIFY AND HOLD LESSOR, ITS OFFICERS, AGENTS, AND EMPLOYEES, FREE AND HARMLESS FROM ANY CLAIMS FOR DAMAGES OR INJURY, INCLUDING DEATH, TO PERSONS OR PROPERTY, OR ANY LIABILITY INCURRED AS A RESULT OF THE EXERCISE OF THE PRIVILEGES CONFERRED BY THIS LEASE, AND AGREES TO REIMBURSE LESSOR FOR ANY EXPENSES INCURRED IN THE DEFENSE OF ANY SUCH CLAIM, INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTS ACTUALLY INCURRED. NOTHING HEREIN SHALL REQUIRE THE INDEMNIFYING PARTY TO INDEMNIFY, DEFEND OR HOLDHARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS LEASE AS LONG AS ANY LIABILITY COULD BE ASSERTED. XII. TRANSFER, ASSIGNMENT, AND SUBLETTING 12.1 Lessee may not transfer or assign the leased premises, in whole or in part, without the prior written consent of the Lessor, which consent will not be unreasonably withheld. Lessee may not sublet the leased premises, in whole or in part, without the prior written consent of the Lessor. Any such transfer, assignment or sublease shall be evidenced in writing, properly executed and acknowledged by both parties thereto; a copy shall be delivered to Lessor and the original shall be recorded in the office of the County Clerk of Tom Green County, Texas. It is agreed, however, that each such transfer, assignment or sublease shall bind the transferee, assignee or sublessee to the obligations of Lessee to Lessor as set forth in this lease and shall not release Lessee from Lessee's obligations under the lease. XIII. DEFAULT AND REMEDIES DEFAULT
- 27. 8 13.1 (a) Anybreach of this lease by Lessee, other than the non-payment of rent, may result in irreparable damage to Lessor for which Lessor will not have an adequate remedy at law. If Lessee should default with respect to any of its obligations hereunder except with respect to the non-payment of rent, and should fail within 60 days after written notice of such default from the Lessor to cure such default, then Lessee agrees that that Lessor shall be entitled to immediately seek relief by action or proceeding at law for damages, for specific performance and injunction, without any requirement to post a bond or other security. (b) In addition to, and independent of, the provisions of subsection (a), above, should Lessee violate any provision of this Lease, other than the non-payment of rent, and fail or refuse to cure such violation within 60 days after written notice of such default from Lessor, then Lessor or Lessor’s agents may enter the premises as reasonably necessary to perform the work required as determined by Lessor to cure the default and the costs thereof shall be deemed to be additional rent, immediately due and payable upon written notice to Lessee of the sum of expenses, costs, and fees so incurred by Lessor, including an assessment for the cost related to Lessor’s employee time in curing the default, if any. LESSEE HEREBY WAIVES ANY CLAIM FOR TRESSPASS OR DAMAGES RELATING TO LESSOR OR LESSOR’S AGENTS OR EMPLOYEES ENTRY ONTO THE LEASEHOLD PREMISES PURSUANT TO THE PROVSIONS OF THIS LEASE. (c) A breach of this lease by Lessee for non-payment of rent shall result in termination of this lease should Lessee within 60 days after written notice of default setting forth the amount past due fail to cure such default by making payment of the full amount due Lessor. POSSESSION 13.2 Lessee agrees at the termination of this lease to deliver possession peacefully to the Lessor or its agents or employees; and if it fails to give peaceful possession, Lessor may take forceful possession of said premises and eject all parties therefrom without being guilty of trespass; and all damages occasioned thereby are hereby waived. REMOVAL OF IMPROVEMENTS 13.3 All buildings and other improvements placed on the property by Lessee (except trees, shrubs, flowers and plants) which may be removed without injury to the realty shall remain the property of Lessee. It is understood and agreed, however, that buildings and improvements shall be held by the Lessor until all rentals due Lessor by Lessee shall have been paid, and should any amount remain unpaid for more than thirty (30) days after termination of this lease, the Lessor shall have the right to sell such buildings and improvements and apply the proceeds to the amount due Lessor, with interest at the annual rate of ten percent (10%), and to any costs incident to the sale, and pay the balance remaining, if any, to Lessee. All property remaining on the premises after the expiration of ninety (90) days following the termination of this lease, however terminated, shall be deemed abandoned by Lessee and shall become the property of Lessor.
- 28. 9 OTHER REMEDIES 13.4 (a)Any termination of this lease shall not relieve Lessee from the payment of any sum or sums that are due and payable to Lessor under the lease, or any claim for damages then or previously accruing against Lessee under this lease, and any such termination shall not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessee for any default under the lease. All rights, options, and remedies of Lessor contained in this lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this lease. No waiver by Lessor of a breach of any of the covenants, conditions, or restrictions of this lease shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition, or restriction contained in this lease. (b) The remedies provided herein shall not be exclusive of other remedies. A failure by the Lessor to take action on any past violation shall not constitute a waiver of the Lessor’s right to take action on any subsequent violation. XIV. MISCELLANEOUS RELATIONSHIP OF LESSOR AND LESSEE 14.1 The relationship between Lessor and Lessee at all times shall remain solely that of landlord and tenant and shall not be deemed a partnership or joint venture. PARTIES BOUND 14.2 This agreement shall be binding upon and inure to the benefit of the parties of the lease and their respective heirs, executors, administrators, legal representatives, successors and assigns. HEADINGS 14.3 The paragraph headings contained herein are for convenience and reference and are not intended to define, extend or limit the scope of any provisions of this lease. SUPERSEDES PRIOR AGREEMENTS 14.4 If this lease replaces another lease, all prior agreements are superseded by this lease. ENTIRE AGREEMENT/AMENDMENTS 14.5 This lease constitutes the entire agreement between the parties, and Lessor is not bound by any agreement, condition or stipulation, understanding or representation made by any of
- 29. 10 Lessor’s agents notcontained herein. No amendment to this lease shall be effective unless such is in writing and signed by both parties. VIOLATIONS OF LEASE 14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES THAT THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR COVENANT, SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE. TEXAS LAW TO APPLY 14.7 The parties hereby agree that Texas law will control the interpretation or enforcement of this lease. This lease has been executed in Texas, and all obligations hereunder are performable in Tom Green County, Texas. INVALID OR ILLEGAL PROVISIONS 14.8 If any provision of this lease is held invalid as to any person or set of circumstances, such holding shall not affect the validity of any remaining provision of this lease or any provision’s application to other persons not similarly situated or to other circumstances. REIMBURSEMENT OF LESSOR’S EXPENSES 14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited to, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations under this lease, which include, but are not limited to, collection of rental fees and collection of utility payments, taxes and other legitimate assessments. NOTICES 14.9 All notices concerning this lease shall be in writing and delivered to the parties at the addresses below: LESSEE: Ebba Furlong 2262 Joy Road San Angelo, Texas 76904 LESSOR: City of San Angelo Attn: Water Utilities Director 72 W. College San Angelo, Texas 76903 [SIGNATURE PAGE TO FOLLOW]
- 30. 11 EXECUTED in duplicateoriginals on the _____day of _____________________, 2012 by: LESSEE Ebba Furlong STATE OF TEXAS § COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of ________________, 20____ by Ebba Furlong. Notary Public, State of Texas CITY OF SAN ANGELO, LESSOR BY: Ricky Dickson, Director Water Utilities Department STATE OF TEXAS § COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of ________________, 20____, by Ricky Dickson, Director of Water Utilities of the City of San Angelo, a Texas home rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas
- 31. LAKE NASWORTHY RESIDENTIALLOT LEASE This lease is made and entered into by and between the CITY OF SAN ANGELO, a Texas municipal corporation, ("Lessor"), whose address is 72 W. College Avenue, San Angelo, Tom Green County, Texas 76903, and Rodney Simpson whose address is 2029 American Legion Road, San Angelo, Texas 76904. I. DEMISE OF LEASED PREMISES 1.1 In consideration of the mutual covenants, conditions and agreements set forth in this lease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts and leases from Lessor, the following described real property (hereinafter called "leased premises") situated in San Angelo, Tom Green County, Texas: Lot 19, Group 2, Lake Nasworthy Addition, according to the map or plat of said Lake Nasworthy Campsites in the custody of the Water Utilities Department of the City of San Angelo (also commonly known as 2029 American Legion Road ). II. TERM, FEES AND RENT FIXED COMMENCEMENT AND TERMINATION DATE 2.1 This lease is granted for a period of forty (40) years beginning May 1, 2013 and ending April 30, 2053, in consideration of the initial payment of $150.00, which payment includes the granting fee, receipt of which payment is hereby acknowledged, and the further consideration of Lessee's payment of future annual rent in accordance with subsequent paragraphs hereof and Lessee's compliance with the stipulations and conditions hereinafter set forth. TIME AND MANNER OF PAYMENT 2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities Department, 72 W. College Avenue, San Angelo, Texas, 76903, or at such other place as Lessor may from time to time designate by written notice to Lessee. Such rent shall be paid annually on or before May 1 during the term of this lease in accordance with the following schedule: Dates Annual Rent For the Years 2013 Through $683.00 For the Years 2014 Through 2017 $820.00
- 32. For the Years2018 Through 2052 Market Value * * Annual rent shall be the appraised market value of the leased premises multiplied by a factor of 0.08. Such appraised market value shall be determined and adjusted in accordance with applicable City ordinances in effect at the time of execution of this lease. DELINQUENT PAYMENTS 2.3 Lessee shall pay to Lessor a late charge or interest for any rent received by Lessor after the date that the rent is due in accordance with established ordinances, provided however, that this provision for late charges or interest shall not be construed as a waiver of the right of Lessor to terminate this lease at its option as authorized herein. HOLD OVER 2.4 Any holding over by Lessee of the herein leased premises after the expiration of this lease shall operate and be construed only as a tenancy from month to month, terminable at the will of Lessor. III. DEBTS RELATED TO LEASED PREMISES UTILITIES 3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such charges shall, at the option of Lessor, result in forfeiture of this lease. TAXES 3.2 It is further understood and agreed that Lessee shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this lease may be levied on or assessed against the leased premises and all interest therein and all improvements and other property thereon, whether belonging to Lessor or Leaser to which either of them may become liable. Lessee shall pay all such taxes, charges, and assessments to the public officer charged with the collection thereof not less than fifteen (15) days before the same shall become delinquent, and Lessee agrees to indemnify and save harmless Lessor from all such taxes, charges and assessments. Failure to pay such taxes and special assessments as provided herein shall, at the option of Lessor, result in forfeiture of this lease. WATER, SEWAGE, PAVING IMPROVEMENTS 3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the vicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost of
- 33. laying said lineor lines as established by and in accordance with city policies then in existence. 3.4 Lessee expressly agrees that if city water or sewer lines are ever located within 200 feet of the leased premises, Lessee will tie on to such service at its own expense at the price established for that specific Lake Nasworthy area. 3.5 In the event the Lessor institutes a paving program abutting the leased premises, Lessee shall pay his pro rata share of paving, curb and gutter costs pursuant to prevailing city policies. IV. RULES AND REGULATIONS 4.1 The rules and regulations provided in those certain ordinances of the City Council of the City of San Angelo, ("Council"), adopted April 2, 1951, and now known as the Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendments adopted heretofore or hereafter are expressly incorporated herein by reference as terms and conditions of this lease. This lease is expressly made subject to any ordinances adopted in the future by the Council for the regulation of Lake Nasworthy and surrounding property, including but not limited to, safety, sanitation, and ecological requirements. Any breach of said rules and regulations shall, at the option of the Lessor, result in forfeiture of this lease. This lease will be managed by the Water Utilities Department of the City of San Angelo subject to the approval of the Council. V. USE OF LEASED PREMISES CONSTRUCTION BY LESSEE 5.1 The premises shall be used only for a single family residence and lawful uses incidental thereto, and in this connection the following shall be applicable: a. No structure shall be constructed in excess of two stories in height. b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2 foot elevation line. c. No housetrailer, shack, tent, or temporary residence of any type shall be permitted on the leased premises, and no garage or other accessory building shall be used as a residence. d. All structures shall have a foundation that complies with Lessor's building code. e. No outside toilets shall be constructed or maintained on leased premises, and all plumbing shall be connected with a sanitary sewer or with a septic tank which complies in all respects to all state, county and city sanitation regulations and
- 34. requirements. No septictank shall be placed, constructed, or maintained nearer than 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to any property line. All wastewater facilities shall conform to all of the City's wastewater ordinances, where applicable. No sewer or drain shall empty into the lake or be constructed so as to flow or wash into the lake. No concrete storm drains may be constructed without the prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable. f. No structure shall be constructed closer than five (5) feet to any property line. g. No trees may be removed from the leased premises without the prior written consent of the Water Utilities Director. h. No improvements or construction work of any kind, including but not limited to, houses, boathouses, piers, pumphouses, water wells, storage buildings, fences, excavations, fills, and other types of structures or improvements, shall be built or performed on leased premises without prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable. i. Lessee agrees to comply with all provisions of the Official Code of the City of San Angelo ("Code"), as such now exists or may hereafter be amended including, but not limited to, those provisions regarding building permits and permit fees; inspections and fees therefore; building, plumbing, electrical, and fire standards or requirements; and the regulation of septic tanks. j. After any permit is granted, Lessee expressly agrees that all improvements or construction work shall be built or performed in strict compliance with the terms of the permit and approval granted, that construction shall commence within six (6) months following the date of the permit, and that all construction shall be completed within one (1) year of the date of the permit. k. Lessee may request from the Council a variance or deviation from any term or condition contained herein. l. The Council, prior to granting any extension of an existing lease or a new lease covering the leased premises shall have the right to review the leased premises and improvements thereon and submit in writing to the Lessee the requirements, if any, which shall attach to and become a part of this lease, necessary for compliance with the above-mentioned provisions of the Code. Failure of the Lessee to abide by and comply with said requirements will be grounds to terminate this lease or any extension thereof. RESERVATIONS AND EASEMENTS
- 35. 5.2 Lessor, itsagents or assigns, reserves the privilege and right at any time to execute and deliver valid oil, gas and other mineral leases upon the leased premises, and valid right-of-way easements for gas, oil, water, or wastewater pipelines, telephone, telegraph or electric pole transmission lines on said premises, or any part thereof, and in such event this lease shall be subject and subordinate to the rights, terms and privileges of any such oil, gas and other mineral leases or such easements as may have been executed heretofore or hereafter by Lessor, its agents or assigns. An easement across leased premises is hereby retained by Lessor for the purpose of laying sewer and water lines and/or for necessary rights-of-way for roads, alleys or other throughways. VI. ENCUMBRANCE OF LEASEHOLD ESTATE ENCUMBERING LEASEHOLD INTEREST ONLY 6.1 Lessee shall not have the right to encumber the fee simple, but Lessee may request Lessor's written consent (pursuant to article XII of this lease) to encumber the leasehold estate, personal property or improvements made by Lessee which may be removed from the realty without injury to the realty; provided however, that no mortgagee nor anyone who claims by, through or under such mortgage or deed of trust shall, by virtue of such mortgage or deed trust, acquire any greater or more extended rights than Lessee has under this lease but such mortgage or deed of trust shall be in every respect subject, subservient and subordinate to all of the conditions, provisions, requirements, covenants and obligations of this lease. The mortgagee under any such deed of trust or mortgage shall have the right to assume this lease and perform its terms and conditions to protect itself. NOTICES TO LENDER 6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed of trust has been given and executed by Lessee and furnish Lessor with the address to which it desires copies of notices to be mailed. Lessor agrees to mail to lender or mortgagee or its designated agent or representative, at the address given, a copy of any notice which Lessor gives, mails, or serves on Lessee under the terms of this lease after receipt of such a notice from the lender or mortgagee. VII. CONDITION OF PREMISES NO WARRANTY 7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON, INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE. AVAILABILITY AND USE OF LAKE WATER
- 36. 7.2 Lessor inno way guarantees the accessibility of water to the leased premises nor the level of water in Lake Nasworthy. Lessee can use water from the lake, river, and/or wells on the premises for domestic purposes and water of existing trees and shrubs; but no water will be removed from the premises. Use of water for irrigation is expressly prohibited. Lessee shall use water in a conservative manner, and any abusive use of water shall be grounds for denying the use of water to the Lessee. Lessee shall pay the applicable water use charge as set by the Lessor, for water or raw water usage, as the case may be. VIII. REPAIRS AND MAINTENANCE LESSEE'S DUTY TO REPAIR AND MAINTAIN 8.1 Lessee agrees to keep and maintain any and all structures erected or caused to be erected or placed on the leased premises in good and tenantable condition, to maintain its appearance, and to landscape and keep said premises cleared of all objectionable matter, things, and vegetation. Leased premises shall not be used for the outside storage of usable materials for unreasonable lengths of time. In the event Lessee shall fail to maintain leased premises in a manner acceptable to Lessor, after notice to Lessee as prescribed by city ordinance, the Lessor shall cause leased premises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost of any such clearing, cleaning, and mowing to be billed to it or added to the next annual rental payment, with interest at the rate of ten percent (10%) per annum beginning thirty (30) days from the date on which the work was completed, and continuing until such cost is paid in full. DAMAGE OR DESTRUCTION 8.2 The parties hereto acknowledge that the leased premises are within an area subject to overflow and flooding and it is expressly agreed between the parties that neither Lessor nor any of its agents or employees shall be liable to Lessee for any damages caused in any manner, negligent or otherwise, by high water or floods at Lake Nasworthy, nor by the rivers or creeks which serve as its sources of supply or diversion channels, nor by reason of any work deemed necessary in Lessor's sole judgment in the maintenance of said Lake and sources of supply or diversion channels and all damages occasioned thereby are hereby waived, and when Lessor (or any agent thereof) deems it necessary to enter on the leased premises for any of the above purposes, its judgment shall be conclusive. IX. SUSPENSION OF PRIVILEGES HEALTH MATTERS 9.1 It is expressly understood and agreed that Lessor may at any time, without notice to Lessee or any mortgagee, suspend or revoke any and all privileges granted herein
- 37. for such lengthof time as in its sole judgment is necessary for the purpose of suppressing or arresting an epidemic of any contagious or infectious disease, or when, in its sole judgment, any suspension of privileges is necessary to protect the health of the water consumers of San Angelo, Texas. In the event privileges are suspended by Lessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease. PUBLIC PURPOSES 9.2 If Lessor shall deem that leased premises are required for any public purpose or that condemnation is necessary, Lessor shall have the right to terminate this lease by giving ninety (90) days written notice of such termination to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes; and Lessee agrees to promptly deliver possession of leased premises to Lessor; and this lease shall terminate upon the expiration of ninety (90)days after the date of such notice; and in such event Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease. X. RELEASE 10.1 Lessee expressly releases Lessor, its officers, agents, and employees from any and all claims for damages of any kind by reason of the condition of the premises hereby leased, or any improvements thereon or any damages incurred in the enjoyment or exercise of the privileges granted hereunder, or for damage to its person or property caused by the opening of the gates at Nasworthy Dam, the lowering of the normal water elevation in the lake, or due to flood or high water, or any fluctuating water levels which may arise in the use and operation of Lake Nasworthy, or in the joint use and operation of Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposes of recreation, irrigation, and water supply, or for any other purpose. XI. INDEMNIFICATION 11.1 Lessee further agrees to indemnify and hold Lessor, its officers, agents, and employees, free and harmless from any claims for damages or injury, including death, to persons or property, or any liability incurred as a result of the exercise of the privileges conferred by this lease, and agrees to reimburse Lessor for any expenses incurred in the defense of any such claim, including reasonable attorney's fees and court costs actually incurred. XII. TRANSFER, ASSIGNMENT, AND SUBLETTING 12.1 Lessee may not transfer or assign the leased premises, in whole or in part, without the prior written consent of the Lessor, which consent will not be unreasonably withheld. Lessee may not sublet the leased premises, in whole or in part, without the
- 38. prior written consentof the Lessor. Any such transfer, assignment or sublease shall be evidenced in writing, properly executed and acknowledged by both parties thereto; a copy shall be delivered to Lessor and the original shall be recorded in the office of the County Clerk of Tom Green County, Texas. It is agreed, however, that each such transfer, assignment or sublease shall be subject to the obligations to Lessor as set forth in this lease and shall not release Lessee or Lessee's obligations under the lease. XIII. ABANDONMENT, DEFAULT AND REMEDIES NOTICE OF INTENT TO TERMINATE LEASE 13.1 In the event Lessee shall (1) abandon the premises or (2) default in performance of any of the covenants and conditions required herein to be kept and performed by Lessee and such default continues for a period of thirty (30) days, Lessor shall have the right to terminate this lease. Lessor will give thirty (30) days written notice of its intention to terminate the lease to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes, and Lessee and any mortgagee will have such thirty (30) days within which to cure such default and thereby avoid termination. Notice shall be sufficient if delivered to Lessee at the address specified in this lease or at such other address as Lessee may in writing designate to Lessor. Upon Lessor's election to terminate, this lease shall cease. POSSESSION 13.2 Lessee agrees at the termination of this lease to deliver possession peacefully to the Lessor or its agents or employees; and if it fails to give peaceful possession, Lessor may take forceful possession of said premises and eject all parties therefrom without being guilty of trespass; and all damages occasioned thereby are hereby waived. REMOVAL OF IMPROVEMENTS 13.3 All buildings and other improvements placed on the property by Lessee (except trees, shrubs, flowers and plants) which may be removed without injury to the realty shall remain the property of Lessee. It is understood and agreed, however, that buildings and improvements shall be held by the Lessor until all rentals due Lessor by Lessee shall have been paid, and should any amount remain unpaid for more than thirty (30) days after termination of this lease, the Lessor shall have the right to sell such buildings and improvements and apply the proceeds to the amount due Lessor, with interest at the annual rate of ten percent (10%), and to any costs incident to the sale, and pay the balance remaining, if any, to Lessee. All property remaining on the premises after the expiration of ninety (90) days following the termination of this lease, however terminated, shall be deemed abandoned by Lessee and shall become the property of Lessor.
- 39. OTHER REMEDIES 13.4 Anytermination of this lease shall not relieve Lessee from the payment of any sum or sums that are due and payable to Lessor under the lease, or any claim for damages then or previously accruing against Lessee under this lease, and any such termination shall not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessee for any default under the lease. All rights, options, and remedies of Lessor contained in this lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this lease. No waiver by Lessor of a breach of any of the covenants, conditions, or restrictions of this lease shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition, or restriction contained in this lease. XIV. MISCELLANEOUS RELATIONSHIP OF LESSOR AND LESSEE 14.1 The relationship between Lessor and Lessee at all times shall remain solely that of landlord and tenant and shall not be deemed a partnership or joint venture. PARTIES BOUND 14.2 This agreement shall be binding upon and inure to the benefit of the parties of the lease and their respective heirs, executors, administrators, legal representatives, successors and assigns. HEADINGS 14.3 The paragraph headings contained herein are for convenience and reference and are not intended to define, extend or limit the scope of any provisions of this lease. SUPERSEDES PRIOR AGREEMENTS 14.4 If this lease replaces another lease, all prior agreements are superseded by this lease. ENTIRE AGREEMENT/AMENDMENTS 14.5 This lease constitutes the entire agreement between the parties, and Lessor is not bound by any agreement, condition or stipulation, understanding or representation made by any of Lessor’s agents not contained herein. No amendment to this lease shall be effective unless such is in writing and signed by both parties.
- 40. VIOLATIONS OF LEASE 14.6IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES THAT THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR COVENANT, SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE. TEXAS LAW TO APPLY 14.7 The parties hereby agree that Texas law will control the interpretation or enforcement of this lease. This lease has been executed in Texas, and all obligations hereunder are performable in Tom Green County, Texas. INVALID OR ILLEGAL PROVISIONS 14.8 If any provision of this lease is held invalid as to any person or set of circumstances, such holding shall not affect the validity of any remaining provision of this lease or any provision’s application to other persons not similarly situated or to other circumstances. REIMBURSEMENT OF LESSOR’S EXPENSES 14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited to, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations under this lease, which include, but are not limited to, collection of rental fees and collection of utility payments, taxes and other legitimate assessments. NOTICES 14.9 All notices concerning this lease shall be in writing and delivered to the parties at the addresses below: LESSEE: Rodney Simpson 2029 American Legion Road San Angelo, Texas 76904 LESSOR: City of San Angelo Attn: Water Utilities Director 72 W. College Avenue San Angelo, Texas 76903
- 41. EXECUTED in duplicateoriginals on the _____day of _____________________, 2013 by: LESSEE(S) Rodney Simpson STATE OF TEXAS § COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of ________________, 20____ by Rodney Simpson. Notary Public, State of Texas CITY OF SAN ANGELO, LESSOR BY: Ricky Dickson, Director Water Utilities Department STATE OF TEXAS § COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of ________________, 2013, by Ricky Dickson, Water Utilities Director, of the City of San Angelo, a Texas home rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas
- 42. City of SanAngelo Memo Date: May 9, 2013 To: Mayor and Council Members From: Teresa Covey, Interim Emergency Management Coordinator Subject: Agenda Item for May 7, 2013 Council Meeting Contact: Teresa Covey, Emergency Management, 325-657-4289 Caption: Consent CONSIDERATION OF APPROVING A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH GOODFELLOW AIR FORCE BASE 17 th CIVIL ENGINEERING SQUADRON READINESS AND EMERGENCY MANAGEMENT FLIGHT PROVIDING FOR SHARING EMERGENCY RESPONSE INFORMATION THROUGH DEFENSE CONNECT ONLINE COMMUNICATIONS AND WEB EOC Summary: The City of San Angelo and Goodfellow Air Force Base recognize the vulnerability of the people and communities located within Tom Green County to damage, injury, illness, and loss of life and property resulting from a disaster or civil emergency and recognize that disasters or civil emergencies may present equipment, manpower, expertise, and shelter requirements beyond the capacity of said parties. To prevent or limit loss of life and property damage, the parties operating cooperatively will be better able to meet the needs of the people and communities in Tom Green County. (MOU previously approved by City Council on 2-19-13; however, verbiage change required to include exercise opportunities.) History: The Texas Government Code, Section 418.109(d), provides that a local government entity may provide for emergency assistance to another local government entity. Section 418.113 of the Texas Government Code provides for coordination with political subdivisions located in the disaster district to ensure that state and federal emergency assets are made available as needed to provide the most efficient and effective response possible. This MOU will allow for better coordination of effort, and will help ensure that appropriate aid, assistance and care is available to the communities involved in the minimum time possible. Financial Impact: None Related Vision Item (if applicable): The sharing of the City Emergency Management WebEOC program and training opportunities with Goodfellow Air Force Base Readiness and Emergency Management Flight will provide another layer of communications redundancy and open doors for future training opportunities for San Angelo/Tom Green County. Other Information/ Recommendation: Staff recommends approval for the Mayor or City Manager to sign the Memorandum of Understanding (MOU) agreement between the City of San Angelo and Goodfellow Air Force Base Readiness and Emergency Management Flight. Attachments: EMG GAFB_ MOU_04 24_13.doc EMG GAFB_MOU_RES.docx
- 43. Presentation: N/A Publication: N/A Reviewedby Service Area Director: Daniel Valenzuela, City Manager, Approved by Legal: 3-28-13
- 44. A RESOLUTION OFTHE CITY OF SAN ANGELO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH GOODFELLOW AIR FORCE BASE 17th CIVIL ENGINEERING SQUADRON READINESS AND EMERGENCY MANAGEMENT FLIGHT PROVIDING FOR SHARING EMERGENCY RESPONSE INFORMATION THROUGH DEFENSE CONNECT ONLINE COMMUNICATIONS AND WEB EOC WHEREAS, Goodfellow Air Force Base is located within the corporate limits of the City of San Angelo, Texas, and can provide the City of San Angelo with access to Defense Connect Online (DCO) through the wing liaison representative to the San Angelo, Tom Green Count Emergency Operations Center; and, WHEREAS, the City of San Angelo, Tom Green County Office of Emergency Management can provide Goodfellow Air Force Base with access to WebEOC; and, WHEREAS, common access to DOC and Web EOC between the City of San Angelo and Goodfellow Air Force Base will improve coordination of communications and sharing of information in response to disaster and providing emergency assistance; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The City Manager is hereby authorized to execute the Memorandum of Understanding with the 17th Civil Engineering Squadron Readiness and Emergency Management Flight, Goodfellow Air Force Base, providing for common access to Defense Connect Online and Web EOC to improve the coordination of communications and sharing of information in response to disaster and providing emergency assistance. PASSED and APPROVED THIS DAY OF , 2013. CITY OF SAN ANGELO, TEXAS ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk
- 45. APPROVED AS TOCONTENT APPROVED AS TO FORM Teresa Covey Lysia H. Bowling Interim Emergency Management Coordinator City Attorney
- 46. City of SanAngelo Memo Date: April 4, 2013 To: Mayor and Councilmembers From: Angelica Peña, Civic Events Subject: Agenda Item for May 14, 2013 Council Meeting Contact: Angelica Peña, Civic Events, 325-653-9577 Caption: Consent Item Consideration of adopting a resolution authorizing the City Manager to execute a lease agreement between the City of San Angelo and Action Career Training. Summary: Staff has worked with Action Career Training (ACT) on a six month lease agreement for the use of the Coliseum parking lot to conduct the parking portion of their commercial truck driving courses. Effective dates are May 1-October 31, 2013 with the option to extend for one additional six month term. There is a base rent of $50.00 per scheduled day of use, ACT is required to maintain City insurance requirements and they must continuously maintain in effect a workforce training agreement with Howard College. In addition there is a waiver of liability and indemnity that each class participant must sign. History: Truck driving has been listed as a high demand occupation for the Concho Valley workforce area. Howard College maintains a workforce training agreement with Action Career Trucking, (ACT), to conduct a truck driving class on Howard College’s behalf. This is the only CDL class available in San Angelo, with Abilene being the next available location. The CDL course spans over four weeks with one week of pre-trip inspection and parking training at the coliseum parking lot. Howard College is currently working on the construction of their own large parking lot at the West Texas Training Center and they anticipate construction to be complete by the end of October 2013. The City has entered into short term (monthly) agreements with Howard College to hold truck driving classes in the past however; it is a better use of staff time to do just one for a six month time frame. Financial Impact: Approximately $3,250 in base rent would be collected if all scheduled classes take place through the end of October 2013. Related Vision Item (if applicable): N/A Other Information/ Recommendation: Staff recommends approving the contract as is. The City has a positive working relationship with Howard College and ACT and all parties involved recognize the need and the benefit derived from offering this class in San Angelo. We recommend that City Council authorizes the City Manager to execute said lease agreement. Attachments: • Commerical Lease agreement by and between The City of San Angelo and ACT/Commerical Truck driving • Resolution
- 47. Presentation: None Publication: None Reviewedby Director: Carl White, Parks & Recreation Director, April 17, 2013 Approved by Legal: Yes
- 63. A RESOLUTION OFTHE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER TO EXECUTE A COMMERCIAL LEASE AGREEMENT WITH ACTION CAREER TRAINING, d/b/a A.C.T. AND DON R. BALCH FOR PERIODIC, PRE-SCHEDULED, NON- EXCLUSIVE USE OF A PORTION OF THE FOSTER COMMUNICATIONS COLISEUM PARKING LOT, FOR A TERM OF SIX MONTHS WITH AN OPTION TO RENEW, FOR PURPOSES OF CONDUCTING A COMMERCIAL TRUCK DRIVING COURSE UNDER A WORKFORCE TRAINING AGREEMENT BETWEEN A.C.T. AND HOWARD COLLEGE WHEREAS, Howard College and Action Career Training Limited, Don R. Balch, general partner (hereinafter A.C.T.), have entered into a workforce training agreement under the terms of which A.C.T. is to conduct a commercial truck driving class on behalf of Howard College; and, WHEREAS, Howard College does not expect to complete construction of a parking lot for hosting the commercial driving class conducted by A.C.T. until October, 2013; and, WHEREAS, the City Council determines that facilitating the commercial driving class offered by Howard College is in the public interest for the reason that Howard College and A.C.T. offer the only commercial truck driving class in the San Angelo community; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The City Manager is hereby authorized to execute the COMMERCIAL LEASE AGREEMENT BY AND BETWEEN THE CITY OF SAN ANGELO AND ACTION CAREER TRAINING LIMITED d/b/a A.C.T. and Don R. Balch of a portion of the Foster Communications Coliseum parking lot for a term of six months with an option to renew for periodic, pre- scheduled, non-exclusive use for purposes of conducting a commercial truck driving course under the workforce training agreement between A.C.T. and Howard College. PASSED and APPROVED THIS DAY OF , 2013. CITY OF SAN ANGELO, TEXAS Alvin New, Mayor ATTEST: Alicia Ramirez, City Clerk
- 64. APPROVED AS TOCONTENT APPROVED AS TO FORM Angelica Pena, Civic Events Manager Lysia H. Bowling, City Attorney
- 65. A RESOLUTION OFTHE CITY OF SAN ANGELO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH GOODFELLOW AIR FORCE BASE 17th CIVIL ENGINEERING SQUADRON READINESS AND EMERGENCY MANAGEMENT FLIGHT PROVIDING FOR SHARING EMERGENCY RESPONSE INFORMATION THROUGH DEFENSE CONNECT ONLINE COMMUNICATIONS AND WEB EOC WHEREAS, Goodfellow Air Force Base is located within the corporate limits of the City of San Angelo, Texas, and can provide the City of San Angelo with access to Defense Connect Online (DCO) through the wing liaison representative to the San Angelo, Tom Green Count Emergency Operations Center; and, WHEREAS, the City of San Angelo, Tom Green County Office of Emergency Management can provide Goodfellow Air Force Base with access to WebEOC; and, WHEREAS, common access to DOC and Web EOC between the City of San Angelo and Goodfellow Air Force Base will improve coordination of communications and sharing of information in response to disaster and providing emergency assistance; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The City Manager is hereby authorized to execute the Memorandum of Understanding with the 17th Civil Engineering Squadron Readiness and Emergency Management Flight, Goodfellow Air Force Base, providing for common access to Defense Connect Online and Web EOC to improve the coordination of communications and sharing of information in response to disaster and providing emergency assistance. PASSED and APPROVED THIS DAY OF , 2013. CITY OF SAN ANGELO, TEXAS ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk
- 66. APPROVED AS TOCONTENT APPROVED AS TO FORM Teresa Covey Lysia H. Bowling Interim Emergency Management Coordinator City Attorney
- 67. Page 1 of3 City of San Angelo/USAF Emergency Management MOU MEMORANDUM OF UNDERSTANDING (MOU) BETWEEEN 17TH CIVIL ENGINEERING SQUADRON READINESS and EMERGENCY MANAGEMENT FLIGHT AND OFFICE Of EMERGENCY MANAGEMENT Of the CITY OF SAN ANGELO and TOM GREEN COUNTY TEXAS This Memorandum of Understanding (MOU) is entered into by and between the United States Air Force, 17th Civil Engineering Squadron Readiness and Emergency Management Flight (“Installation”) and the City of San Angelo, Texas (City”). 1. PURPOSE: Installation and City agree to share emergency response information as required through Web EOC and Defense Connect Online to establish a common operating picture. 2. AUTHORITY: City has authority to enter into this MOU pursuant to Section 418.109 of the Texas Government Code. 3. WAIVER OF CLAIMS: Each party waives all claims against every other party for compensation for any loss, damage, personal injury or death occurring as a consequence of the performance of this Agreement. 4. TERMINATION: Either party may terminate this Agreement by written notice to the other party at any time if it is determined to no longer serve the intended purpose. 5. RESPONSIBLITIES: a. The 17th Civil Engineering Squadron Readiness and Emergency Management Flight will: (1) Goodfellow Air Force Base Office of Emergency Management agrees to provide access to Defense Connect Online (DCO) through the wing liaison representative to San Angelo/Tom Green County Emergency Operations Center (EOC). Access to DCO will provide a common operating picture for both on and off base responders. (2) Goodfellow Air Force Base Office of Emergency Management agrees to provide emergency management training/exercise opportunities to members of the City of San Angelo/Tom Green County Office of Emergency Management.
- 68. Page 2 of3 City of San Angelo/USAF Emergency Management MOU (3) Goodfellow AFB and the City of San Angelo/Tom Green County Office of Emergency Management agree to share information and plans on a need to know basis, in a joint effort to save lives, property and the environment in the event of a man made or natural disaster. b. The City of San Angelo/Tom Green County Office of Emergency Management will: (1) The City of San Angelo/Tom Green County Office of Emergency Management agrees to share WebEOC with Goodfellow Air Force Base Office of Emergency Management. WebEOC is a software program that allows personnel to see resources and information being used to support a response. Access to WebEOC will provide a common operating picture for both on and off base responders. (2) The City of San Angelo/Tom Green County Office of Emergency Management agrees to provide emergency management training/exercise opportunities to members of Goodfellow Air Force Base. 6. EFFECTIVE DATE: a. This MOU is effective upon execution by all parties hereto. b. This MOU is indefinite and subject to annual review to determine the continuing need for its existence. EXECUTED on the dates indicated below. FOR THE CITY OF SAN ANGELO, TEXAS FOR THE SECRETARY OF THE AIR FORCE _____________________________ ______________________________ Daniel Valenzuela Kimberlee P. Joos, Colonel, USAF City Manager Commander, 17th Training Wing DATE: ______________________ DATE:________________________ ATTEST: ____________________________ Alicia Ramirez, City Clerk
- 69. Page 3 of3 City of San Angelo/USAF Emergency Management MOU MEMORANDUM OF UNDERSTANDING (MOU) BETWEEEN 17TH CIVIL ENGINEERING SQUADRON READINESS and EMERGENCY MANAGEMENT FLIGHT AND OFFICE Of EMERGENCY MANAGEMENT Of the CITY OF SAN ANGELO and TOM GREEN COUNTY TEXAS Approved as to Content: ___ Wayne L. Click, GAFB Emergency Manager Approved as to content: Approved as to form: ___ Teresa Covey, Emergency Dan T. Saluri, Sr. Assistant City Attorney Management Coordinator
- 70. City of SanAngelo Memo Date: Thursday, April 04, 2013 To: Mayor and Councilmembers From: Luis Elguezabal, A.A.E., Airport Director Subject: Consideration for 08-21-12 meeting Contact: Luis Elguezabal, A.A.E., Airport, 325-659-6409 or extension-1010 Caption: CONSENT CONSIDERATION OF AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SUPPLEMENTAL LEASE AGREEMENT NO. 1 TO LEASE DACA63-5-12-0329, AND ALL RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND THE UNITED STATES OF AMERICA (USA) AT SAN ANGELO REGIONAL AIRPORT Summary: Under this Agreement, the Government are exercising their option to lease: • A one story structure containing approximately 69,896 square feet of space plus the 2.222 acre tract on which it is located at 8154 Hangar Road. • A hardstand employee parking (50 vehicles) collocated with Hangar 8154 The Government will use the property for the operation, maintenance and repair of military aircraft, and related purposes. The first term of the lease ended September 4, 2012. The Government shall have the right to renew this lease from year to year, provided that this lease shall in no event extend beyond September 4, 2016 History: The City currently leases to the Government two hangars, known as the AMCOM Hangars. The Government would like to exercise their option reduce their square footage and lease one hangar. Financial Impact: The Lease Agreement will generate revenue funds of $18,326.98 monthly or $219,923.74 annually for the City of San Angelo. The previous Lease Agreement generated revenue funds of $29,166.67 monthly or $350,000 annually for the City of San Angelo. Related Vision Item (if applicable): None Other Information/ Recommendation: Staff recommends approval Attachments: Resolution and Supplemental Lease Agreement Presentation: None Publication: None
- 71. Reviewed by Director: Luis Elguezabal,A.A.E., Airport, 04-04-13 Approved by Legal: February 11, 2013
- 72. A RESOLUTION BYTHE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SUPPLEMENTAL LEASE AGREEMENT NUMBER 1 AND ALL RELATED DOCUMENTS WITH UNITED STATES OF AMERICA (USA) TO AMEND ORIGINAL LEASE AGREEMENT DACA63-5-12-0329 BETWEEN CITY OF SAN ANGELO AND UNITED STATES OF AMERICA (USA), FOR LEASE OF CITY PREMISES LOCATED AT 8154 HANGAR ROAD, SAN ANGELO REGIONAL AIRPORT, TOM GREEN COUNTY, TEXAS WHEREAS, City and United States of America entered into Lease Agreement (“Lease Agreement”) for a one (1) year terms, beginning September 5, 2011, and the right to renew from year to year until September 4, 2016, for Lessee to lease City owned premises with addresses of 8154, 8534 and 8502 Hangar Road, San Angelo, Tom Green County, Texas, for operation, maintenance and the repair of military aircraft, and related purposes. WHEREAS, the parties hereto desire to amend the above lease in reference to Paragraph 7, TERMINATION, to relinquish and give up its use of the Quimby Hangar, consisting of a 42,000 square foot open hangar space and a 3,300 square foot office on a 4.274 acre tract of land, with addresses of 8534 and 8502 Hangar Road, San Angelo, Texas.; and WHEREAS, The Lessor will continue to lease to the Government the following described property: Exclusive use of approximately 69,896 square feet of shop, office, storage, and hangar space: a) A one story structure containing approximately 69,896 square feet of space known as the Rickenbacker Hangar plus the 2.222 acre tract on which it is located at San Angelo Regional Airport/Mathis Field bearing the municipal address of 8154 Hangar Road, City of San Angelo, County of Tom Green, Texas 76904; and, b) Hardstand employee parking (50 vehicles) collocated with Hangar 8154. Parking is located outside the FAA airfield fence line, but within easy walking distance for employees working in Hangar 8154.
- 73. WHEREAS, all ofthe terms and conditions of the original Lease Agreement shall be and remain in full force and effect unless amended or changed by the First Amended Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS THAT: The City Manager is hereby authorized to execute the First Amended Lease Agreement on behalf of the City of San Angelo, Lessor, and United States of America, amending the lease of City premises known at 8154 Hangar Road, San Angelo, Tom Green County, Texas, for office space. PASSED and APPROVED THIS DAY OF , 2013. CITY OF SAN ANGELO, TEXAS Alvin New, Mayor ATTEST: ___________________________________ Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Luis Elguezabal, Airport Director Lysia H. Bowling, City Attorney
- 80. City of SanAngelo Memo Date: To: Mayor and Councilmembers April 30, 2013 From: Ricky Dickson, Water Utilities Director Subject: Agenda Item for May 14, 2013 Council Meeting Contact: Ricky Dickson, Water Utilities Director, 657-4209 Caption: Consideration of a resolution enacting Drought Stage, Level II, of the City’s Water Conservation/Drought Contingency Plan Summary: The Water Conservation/Drought Contingency Plan is designed to encourage water conservation at all times and to establish a procedure for identifying, classifying and handling a water supply shortage. Trigger Points are included in the plan for entering three different drought stages. Based on the water supply of 17.6 months currently available to the City from its developed water sources, the criteria for entering Drought Stage, Level II, are met. History: The Water Conservation Plan contains the following water supply management levels: 1. Standard Conservation – City has greater than a 2 year water supply. 2. Drought Level I – City has less than a 2 year supply. 3. Drought Level II – City has less than an 18 month water supply. 4. Drought Level IV – City has less than a 1 year supply. Financial Impact: The water rate schedule is adjusted to include additional fees for excessive usage. As an example; for a residential account that uses over 10,000 gallons in a month, an additional fee of $3.50 per 1,000 gallons is added to usage between 10,000 and 19,000 gallons; an additional fee of $5.00 per 1,000 gallons for all usage between 20,000 and 29,000 gallons; and an additional fee of $8.00 per 1,000 gallons for all usage over 29,000 gallons. Related Vision Item (if applicable): None. Other Information/Recommendation: Under Drought Level II, outside watering is limited to once every seven days during the April 1 to October 31 period and once every 14 days from November 1 through March 31. It is recommended the resolution be adopted enacting the Drought Stage, Level II. Attachments: Resolution Presentation: None. Publication: None. Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, April 30, 2013
- 81. A RESOLUTION OFTHE CITY OF SAN ANGELO IMPLEMENTING DROUGHT LEVEL II OF THE CITY'S WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN WHEREAS, the City Council of the City of San Angelo has passed an ordinance entitled "Water Conservation and Drought Contingency Plan"; and WHEREAS, said ordinance defines drought stages and water management measures that will be followed for each stage; and WHEREAS, under said ordinance the City Council shall determine the drought stage; and WHEREAS, on May 14, 2013, the water supply available to the City of San Angelo was less than that needed to meet City demands for the next eighteen months; and, WHEREAS, the minimum criteria for Drought Level II is that the total amount of water available to the City from its developed water sources is less than an 18-month supply (the "trigger point"): NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: 1) The amount of water available to the City from its developed water sources being less than an 18-month supply, the criteria for entering "Drought Level II" stage is met and the City Council hereby declares that the City is in such Drought Level II stage; and 2) All water conservation measures as detailed under the Drought Level II stage of the City's Water Conservation and Drought Contingency Plan shall be applicable and enforced; effective June 1, 2013; and 3) All water rate adjustments enacted with the implementation of the Drought Level II stage shall become effective with the beginning of the regular water billing cycle in July 2013; and 4) When the available water supply rises above the trigger point for Drought Level II stage, the Director of Water Utilities may recommend to the City Council termination of Drought Level II stage status and a return to Drought Level I stage status or other recommendation. PASSED and APPROVED THIS 14th DAY OF MAY 2013. CITY OF SAN ANGELO, TEXAS ________________________________ Alvin New, Mayor ATTEST: ________________________________ Alicia Ramirez, City Clerk
- 82. APPROVED AS TOCONTENT APPROVED AS TO FORM Ricky Dickson, Water Utilities Director Lysia H. Bowling, City Attorney
- 83. City of SanAngelo Memo Date: To: Mayor and Council members From: Sandra J. Villarreal, Health Services Director Subject: Agenda Item for May 7, 2013 Council Meeting Contact: Sandra J. Villarreal, Health Services Director, 657-4493 Caption: Regular Consideration and Discussion of matters related to the City of San Angelo Animal Shelter Spay Neuter Assistance and Adoption Subsidy Programs and any action thereto: A. Consideration of implementing an updated version of the Spay Neuter Assistance Program; and, B. Consideration of implementing an Adoption Subsidy Program; and C. Consideration of authorizing the City Manager or his designee to apply for funding through various grants, foundations and other fundraising initiatives which do not obligate the city financially Summary: In 2012, the City’s Animal Shelter took in 10,109 unwanted or abandoned animals from our community, of these only 14% were adopted; we euthanized 7685 of those abandoned or unwanted animals. It is our belief if more people would become responsible pet owners and have their pets spayed or neutered, the number of animals that enter the shelter and ultimately succumb to humane euthanasia, would decrease. Because the City Shelter is an open access shelter, meaning regardless of where the animal is from, no animal is turned away if it makes it to our doors. It is our belief that many animals come from outside the city limits. The proposed amendments to the current Spay Neuter Assistance Program will allow for 15% of the funds awarded at any given time to go to residents outside the city limits; this is in line with the current state of population based on census data which states that 85% of the population lives in San Angelo and 15% live in the County. In addition, the proposed amendment to the SNAP program would also allow eligibility based on income alone, as well as, to those on public assistance. Adoption incentives are also of utmost importance in helping to decrease the number of animals that are destroyed yearly at the city’s shelter. Our proposed Adoption Subsidy Program makes allowances for adoption of special and senior needs pets, as well as for bonded pairs, or those that have been at the shelter for an extended length of stay. Initiatives also involve assisting with cat adoptions and a special initiative which we are calling “Rays of Hope”. Therefore, we are requesting approval of the Spay Neuter Assistance and Adoption Subsidy Programs, as well as authorization of any endeavors made to finance these programs, such as, grant applications, foundation funding, or requests for public donations, with the understanding that staff will seek council approval for acceptance of any funds, as well as, any funds that obligate the city in any way. History: The City of San Angelo Low Income Spay / Neuter Assistance Program (SNAP)
- 84. began in themid 2000’s with the sale of the old Animal Shelter building and grounds located on Baze Street in fiscal year 2003. The city received half of the proceeds with the other half going to the Humane Society. The SNAP program was designed to assist low income individuals with the cost of spay and neuter surgeries for their pets within the city limits. The SNAP Fund account was completely depleted at the end of FY12. The Adoption Subsidy Program is a new initiative for the shelter. The shelter has never had any funds available for a program such as this. Financial Impact: No financial impact at this time. Related Vision Item (if applicable): Community Appearance Vision Financial Vision Other Information/ Recommendation: Staff recommends . . . approval Attachments: • Proposed Spay Neuter Assistance Program guidelines • Proposed Spay Neuter Assistance Program application • Example of SNAP Voucher • Proposed Adoption Subsidy Program guidelines Presentation: PowerPoint Publication: Reviewed by Director: Rick Weise, x-1072 Approved by Legal: Date of Approval (attach Legal Approval Form)
- 85. CITY OF SANANGELO ANIMAL SHELTER ADOPTION SUBSIDY PROGRAMS PROGRAMS: The Adoption Subsidy Programs were established to provide financial assistance to encourage adoption of shelter animals, with the emphasis on hard-to-place, senior and special needs and to help increase adoptions when the shelter is at capacity. The goal of the program is to reduce the number of animals euthanized and to save lives through adoptions, neutering, spaying and public education. 2012 STATISTICS: In 2012, the Animal Shelter took in a total of 10109 animals, of those 31% were Owner Surrendered and 67% were Stray; the Shelter adopted 1388 and euthanized 7685 animals. As a note, the number of euthanized animals does not differentiate between adoptable and unadoptable animals and includes all animals, not just dogs and cats. ELIGIBILITY: Persons must submit an Adoption Application and be approved by the Shelter Manager or designee. VETERINARY PARTICIPATION: Appropriately licensed veterinarians are given the opportunity to participate in the programs to provide the Spay / Neuter surgeries as part of the Shelter’s Adoption process. PROGRAM and COST: Potential animals are identified by Shelter Staff. Potential adopters are encouraged to inquire if animals are subject to any subsidized programs. There are five basic subsidized programs: 1. Senior and Special Needs Animal – potential adopters are encouraged to consider a loving older pet or one with special needs. 2. Bonded Pair – assistance is given with adoption fees so that bonded animal pairs are able to find their forever home together.
- 86. 3. Extended Stay– provides incentive for potential adopters to bring home an animal that has been waiting for adoption for 20 days or longer. 4. Feline – assist an adopter in considering an adult cat. 5. “Rays of Hope” – half-price days are announced and held to encourage adoptions. All shelter animals are eligible at this point. Cost of Adoptions under one of these programs is 50% of the current Adoption Fee, which covers the surgery, rabies vaccination, city tag and microchip. The veterinarian will invoice the City of San Angelo Animal Shelter for the cost of spay or neuter surgery. Any other services incurred and not covered by the Adoption fee are the sole responsibility of the adopter and must be paid directly to the participating veterinarian. TO NOTE: PROGRAMS ARE SUBJECT TO AVAILABLE FUNDING AND ADOPTIONS UNDER THESE PROGRAMS ARE NOT GUARANTEED IF THE FUNDS ARE NOT AVAILABLE. FUNDING: Staff, Animal Shelter Advisory Committee, and Council are encouraged to make donations. Public donations accepted to a currently designated 601 account. Seek Council approval to include an Animal Shelter Donation Request on water bills. Private funding through San Angelo Area Foundation, San Angelo Health Foundation, and other private funding entities Seek City Council General Transfer “Cans for Change”/ “Change comes in Cans” (not in cant’s) (recycling of aluminum cans project)
- 87. Spay/Neuter Assistance Program1-10-2013 Page 1 City of San Angelo – Animal Services Spay / Neuter Assistance Program The City of San Angelo Animal Services – Spay/Neuter Assistance Program (SNAP) is an income based program designed to spay or neuter animals of eligible clients. Guidelines are as follows: 1. Must be a resident of San Angelo, therefore, must provide a current utility bill or another form of legitimate mail within the last 30 days, no P.O. Boxes. Must be a local physical address. 2. Must have proof of public assistance or proof of qualifying amount of income. a. Check/pay stubs for the past 30 days for each family member b. SSI benefits c. Temporary Assistance to Needy Families letter from DHHS d. Unemployment benefits – print out as filed with Texas Workforce e. W-2 forms/Social Security check stub 3. Need to provide number of persons living in the household 4. Provide the number of animals to be spayed or neutered. Applicant must show proof of current city registration and current rabies vaccination; applicant must pay for these at time of application if they do not have current registration and rabies vaccination. 5. Cost of Spaying / Neutering a. $10 per animal that has current rabies vaccination and city registration b. $21 per animal for those that do not have current rabies and city registration ($10 for spay/neuter + $4 for rabies vaccination + $7 for city registration) 6. A list of participating veterinarians will be given to applicant once fees are paid. There is up to a 30 day requirement to secure an appointment with the veterinarian. 7. Animal Services uses current U.S. Department of Health and Human Services Income Eligibility Guidelines (125% of Poverty) Current Income Eligibility Guide (Based on 2012 U.S. Dept. of Health & Human Services) Persons in family/household 125% of Poverty 1 $13,962 2 18,912 3 23,862 4 28,812 5 33,762 6 38,712 7 43,662 8 48,612 For families/households with more than 8 persons, add $3,960 for each additional person.
- 88. Spay/Neuter Assistance Program1-10-2013 Page 2 City of San Angelo Animal Services SNAP Participating Veterinarians North Concho Veterinary 730 W. 14th Street San Angelo, TX 76903 (325) 653-1391 Green Meadow Veterinary Clinic 3446 Green Meadow Dr. San Angelo, TX 76904 (325) 224-2818
- 90. City of SanAngelo – SNAP (Revised March 11, 2013) Page 1 SNAP – Spay Neuter Assistance Program City of San Angelo 3142 Hwy 67 North San Angelo, TX 76903 (325) 657-4424, 657-4425 Date: ______________________ Receipt Number: _________________ How did you hear of SNAP? ______________________________________________________________ Physical Name: ________________________________________ Address: ______________________Zip: _____ (Last Name, First Name) (NO P.O. BOX) Day Time Phone: ________________________ Evening Phone: ________________________ Public Assistance Currently Receiving (please check all those apply and show current proof): Food Stamps ( ) Supplemental Security Income – SSI ( ) TANF ( ) Medicaid ( ) TOTAL Household Income (Include all persons working in household): _________________ (Provide W-2 and/or last two pay stubs for each person working) Total Number of Persons living in household: ________________ Number of animals in household: Cats ________ Dogs: _________ How many SNAP Vouchers are you purchasing today (circle): One (1) or Two (2) and are they for Dog: _______ Cat: ________ Pet’s Name: ____________________________________________ Breed: ________________________ Color: ________________________ Age: ________________ Feline ( ) or Canine ( ) Sex (Check one): Male ( ) or Female ( ) If Female: Pregnant ( ) Nursing ( ) Pet’s Name: ____________________________________________ Breed: ________________________ Color: ________________________ Age: ________________ Feline ( ) or Canine ( ) Sex (Check one): Male ( ) or Female ( ) If Female: Pregnant ( ) Nursing ( ) Cost: With proof of current rabies vaccination and city tag: $0.00 (Surgery only) No proof of current rabies vaccination and city tag: $25 (includes surgery, city tag, & rabies vaccination)
- 91. City of SanAngelo – SNAP (Revised March 11, 2013) Page 2 Cash Only Please. Fees must be paid in advance at the Animal Shelter. No Refunds if surgery not performed within prescribed period. City of San Angelo SNAP (Spay Neuter Assistance Program) Please read carefully before completing application Thank you for applying to have your dog or cat spayed or neutered through the SNAP program. Our goal is to provide low cost spay and neuter surgeries to qualified applicants. By the surgical removal of reproductive organs, we can humanely reduce the number of unwanted animals that roam the streets or turn up at the shelter, and ultimately decrease the number of animals euthanized at the Animal Shelter. Please fill out the application completely and attach required proof of income and/or proof of public assistance. Proof of income can be a W2 Form and/or the last two most recent paycheck stubs (within the last 30 days) and/or a statement of approval of benefits from one of the four assistance programs. Your pet must be current on rabies vaccination and city registration. If your pet is up to date, please bring proof with you. If your pet needs the vaccination and city tag, the appropriate fee will be charged based on Eligibility. All payments are to be made in cash. The shelter does not accept credit or debit cards. You must call one of the participating veterinarians to schedule your pet’s spay or neuter. Failure to keep the appointment without first contacting the veterinary clinic AND the animal shelter, will result in an automatic default and funds will not be returned. You will be required to reapply and pay an additional fee. If an extenuating circumstance causes you to cancel an appointment AND the appropriate veterinary clinic and Shelter have been contacted prior to the appointment, a onetime 30 day extension may be given. You must present the Shelter Voucher AND Receipt of payment to the Veterinary Clinic. All information contained in this application is kept confidential. I have read and understand the above statements. Signature: __________________________________________________ Printed Name: _______________________________________________ Date: ___________________________
- 92. SNAP (revised 3-11-13)Page 1 LOW INCOME SPAY / NEUTER ASSISTANCE PROGRAM (SNAP PROGRAM) PURPOSE: The Spay Neuter Assistance Program, or SNAP as is commonly called, is a program designed to make available low cost spay and neuter surgeries for the pets of the low income population of San Angelo. The program began in the mid 2000’s with the sale of the old Animal Shelter building and grounds located on Baze Street in fiscal year 2003. The goal of the program is to reduce the number of animals euthanized at the Shelter by decreasing the number of stray and unwanted dogs and cats that end up at the Shelter and to save lives through adoptions, neutering, spaying and public education. Based on census population estimates, 85% of the population of Tom Green County lives in San Angelo, and therefore, 85% of available funds will be used for pets of owners living in San Angelo. The remaining 15% of funds will be used for pet owners living outside the city limits. 2012 STATISTICS: In 2012, the Animal Shelter took in a total of 10109 animals, of those 31% were Owner Surrendered and 67% were Stray; the Shelter euthanized 7685 animals. To note, the number of euthanized animals does not differentiate between adoptable and unadoptable animals and includes all animals, not just dogs and cats. ELIGIBILITY: All persons applying for a SNAP Voucher must be residents of San Angelo or Tom Green County, therefore, must provide a current utility bill or another form of legitimate mail within the last 30 days. Persons applying for assistance must have a physical address; no P.O. Box addresses will be accepted. There are two eligibility channels: Persons eligible for receipt of low income SNAP surgeries for their pets are individuals that receive one of the four public assistance initiatives, Food Stamp, Supplemental Security Income, Aid to Families with Dependent Children and Medicaid and must bring documentation of said assistance, along with proper identification to match the supporting documentation. Persons may also qualify based on the United States Health and Human Services Income Eligibility Guidelines. The number of persons living in the household and proof of the amount of income such as a check or pay stub, or W-2 forms must be submitted for each family member in the household. Income is based on 125% of Poverty. The guidelines are updated yearly.
- 93. SNAP (revised 3-11-13)Page 2 VETERINARY PARTICIPATION: Appropriately licensed veterinarians will be given the opportunity to participate in the program to provide the SNAP surgeries as well as the rabies vaccination and city registration required by law. The cost of spay or neuter surgery is the same negotiated Shelter price as is for regular adoption surgeries or less. PROGRAM and COST: A family is allowed a maximum of two SNAP vouchers per month. Vouchers will be sold on the second to last week of the prior month and will be good for the following two months only. For example, vouchers good for the month of February will be sold during the week of January 21 – 25, and good for the months of February and March. THE NUMBER OF VOUCHERS AVAILABLE IS SUBJECT TO AVAILABLE FUNDING AND NOT GUARANTEED IF FUNDS ARE NOT AVAILABLE. A family applying for a SNAP Voucher will pay for the following: a. $0 per animal that has proof of current rabies vaccination and city registration b. $25 per animal for those that do not have current rabies and city registration The veterinarian will invoice the program via the City of San Angelo Animal Shelter. Current cost of the SNAP surgeries to the Shelter is the same currently negotiated shelter price. FUNDING: Staff, Animal Shelter Advisory Committee, and Council are encouraged to make donations. Public donations accepted to a currently designated 601 account. Seek Council approval to include an Animal Shelter Donation Request on water bills. Private funding through San Angelo Area Foundation, San Angelo Health Foundation and other private funding entities Seek possible City Council General Transfer “Cans for Change” / “Change Comes in Cans” (not can’t’s) (recycling of aluminum cans project)
- 94. SNAP (revised 3-11-13)Page 3 CURRENT INCOME ELIGIBILITY GUIDELINES: (Based on 2012 U.S. Health and Human Services – Will change from year to year dependent on most current guidelines) Persons in family/household 125% of Poverty 1 $13,962 2 18,912 3 23,862 4 28,812 5 33,762 6 38,712 7 43,662 8 48,612 For families/households with more than 8 persons, add $3,960 for each additional person. SNAP PARTICIPATING VETERINARIANS: North Concho Veterinary 730 W. 14th Street San Angelo, TX 76903 (325) 653-1391 Green Meadow Veterinary Clinic 3446 Green Meadow Dr. San Angelo, TX 76904 (325) 224-2818 San Angelo Veterinary Clinic 108 N. Milton St. San Angelo, TX 76901 (325) 653-3301 Main Street Animal Clinic 703 N. Main San Angelo, TX 76903 (325)658-5020 Southside Animal Hospital 59 E. Ave. L San Angelo, TX 76903 (325) 653-0113
- 95. 5/8/2013 1 SNAP and AdoptionSubsidy Program Presentation to City Council May 14, 2013 2012 Shelter Statistics INTAKE: (includes adoptable and unadoptable) Owner Surrendered 3173 Stray 6784Stray 6784 9857 (Abandoned or Unwanted) Seized 90 Serviced In 2 Wildlife 64 TOTAL INTAKE in 2012: 10113
- 96. 5/8/2013 2 2012 Shelter Stats OUTCOME: Adoption1388 (13%) Euthanasia 7685 (76%)Euthanasia 7685 (76%) Owner Redeemed 606 (6% of Total or 9% of Strays) DOA 25 (<1%) Died in Custody 89 (<1%) Misc.(Wildlife Release, Transfer Out to Rescues, Escaped) 13 (<1%)( ) TOTAL OUTCOME: 9806 Intake will not equal Outcome because Outcome included animals that came into shelter in 2011 Data Source: Pet Point Shelter Management System March 2013 Statistics Intake: 641 Cats – 269 Dogs – 364 Other - 8 B Zi C d C t DBy Zip Code: Cats Dogs 76901 - 16 22 76903 - 113 120 76904 - 34 17 76905 - 21 34 Side Cages 23 87 Surrendered 61 74 No address 4
- 97. 5/8/2013 3 March 2013 Statistics TopBreed Specific – Dogs ( > 10) American Heelers – 14 B d C lli / C lli 16Border Collie / Collie – 16 Chihuahua – 66 Daschund - 16 Retrievers (Labs) – 73 Sheppard - 29pp Terrier – 43 Pits - 40 March 2013 Euthanasia History Cat: 253 Aggression/Aggressive – 177 Injured – 6 Medical – Moderate – 15Medical Moderate 15 Too Young - 4 URI – 51 Dog: 169 Aggressive – 32 Injured / Medical Moderate or Severe – 15 Kennel Cough - 17 P 18Parvo – 18 Time/Space – 22 URI – 65 Other: 2
- 98. 5/8/2013 4 Proposed Solutions 1. Spay/ Neuter Assistance Program (SNAP) – designed to make available low cost spay and neuter surgeries for pets of low income.surgeries for pets of low income. Goal: reduce the number of abandoned and unwanted animals that end up at the shelter and subsequently are euthanized Eligibility: a) Person receiving Public Assistance (Food Stamps, SSI, Aid to Families with Dependent Children and Medicaid) b) Not receiving public assistance but qualify based on 125% of current HHSC Income/Poverty Guidelines) SNAP continued SNAP Program: • Family is allowed a maximum of two SNAP vouchers per month. • Sold on second to last week of the month V h d f th t t ti th l• Voucher good for the next two consecutive months only. • Number of Vouchers subject to available funds. Cost: 1) $0 with proof of current rabies and city tag (Vet will bill city for spay neuter surgery only which is covered by funding) 2) $25 with no proof of current rabies and city tag Five participating Veterinary Clinics (only two previously) SPECIAL NOTE: Proposed SNAP allows for 85% to city and 15% to Tom Green (based on U.S. Census Data)
- 99. 5/8/2013 5 Adoption Subsidy Program 2.Adoption Subsidy Program - designed to encourage adoptions of shelter animals by providing financial assistance Goal: Increase adoptions and reduce euthanasia Eligibility: open to anyone with an approved Adoption Application Program: a) Staff identifies potential animals b) Five subsidized programs: 1) Senior and Special Needs Animals 2) B d d P i2) Bonded Pair 3) Extended Stay – 20 days or more 4) Feline – adult cats 5) “Rays of Hope” - half price days and all shelter animals eligible (announced once a year, 6 months, quarter dependent on funding?) SNAP and Adoption Subsidy Funding Funding: Staff, ASAC, Council encouraged to make donations Public Donations accepted to a currently designated 601 SNAPPublic Donations accepted to a currently designated 601 SNAP account and Designation of new 601 account for Adoption Subsidy Programs Private Funding through Area Foundation, Health Foundation and others for SNAP and/or Adoption Subsidy Programs Seek General Fund Transfers (possible council subsidy) Seeking Council Approval to permanently include an AnimalSeeking Council Approval to permanently include an Animal Shelter Donation Request on Water Bill (SNAP, Adoption Subsidy, General) “Cans for Change” / “Change Comes in Cans” (not cant’s) – recycling of aluminum cans project for SNAP
- 100. City of SanAngelo Memo Meeting Date: May 14, 2013 To: Mayor and Council members From: Jeff Hintz, Interim Senior Planner Subject: consider petition for possible annexation (to San Angelo’s City limits) of certain properties situated southwest of San Angelo Location: area encompassing a 24.484 acre tract extending northwest from Mills Pass Drive, and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the proposed Prestonwood Addition, Section Two in the southwest part of the city, as shown in attached exhibit Contacts: AJ Fawver, AICP Interim Director of Development Services 657-4210 Caption: Discussion and consideration of petition seeking annexation (to San Angelo’s City limits) of certain properties situated immediately west/southwest of San Angelo and encompassing a vacant 24.484 acre tract extending northwest from Mills Pass Drive, and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the proposed Prestonwood Addition, Section Two. Summary: The City staff recommends that, if the City Council chooses to accept the petition for annexing all 24.484 acres highlighted on the attached map, that the City Council also adopt the attached draft timetable for completing such annexation. City staff was presented with a petition for annexation of the property described above and specifically shown in the attached exhibits. A copy of the petition is also included within the exhibits. The property in question is entirely vacant and situated adjacent to a growing
- 101. residential subdivision, knownas the Prestonwood Addition, located south/southeast of Sam's Club and west of Bonham Elementary School. This subdivision, nearing the completion of its development, was annexed to the city in 2008 and incorporates both traditional single-family residences and zero lot line homes. On March 5, 2013 a 8.995 acre tract comprising what is known as the Prestonwood Addition Section Two, was annexed into the City Limits. This proposed Prestonwood Addition, Section Two subdivision plat of this 8.995 acres was approved subject to conditions by the Planning Commission on March 18, 2013 and a zone change requesting Single-Family Residential Zoning was also approved on March 18, 2013 by the Planning Commission. By accepting the petition and adopting a calendar of annexation proceedings as prescribed under Chapter 43 of the Texas Local Government Code, City Council will initiate a process that may be completed as early as August 6, 2013. The subject area of proposed annexation is uninhabited and free of any structures. The Local Government Code authorizes cities to annex sparsely occupied areas on petition of the area's landowner(s). This section (43.028) only applies to the annexation of areas that meet the following criteria: (1) is one-half mile or less in width; (2) is within the ETJ (Extra-Territorial Jurisdiction) of the city; (3) is vacant and without residents, or on which fewer than three qualified voters reside; (4) is contiguous to the annexing city. Analysis of Proposed Annexation: It is essential that the foundation statement of the 2009 Comprehensive Plan be considered in context of considering annexations, specifically that: "Rapid land use expansion and recent annexations have affected the identity of the City and established a new development pattern that is fiscally unsustainable." This Plan provides guidance for annexation, many of which are relevant to this scenario. First, the plan establishes a goal stating that the City should "annex areas before extensive development of home sites and business properties occurs, guiding any such development within a framework of municipal regulations on zoning, subdivision, signs, fire prevention and building construction." This excerpt is relevant in this situation, because the area is vacant, and thus, no such development is in place. However, this argument alone is not compelling enough on its own - as vacant property is currently in place outside the city limits all around San Angelo - and should not necessarily be annexed. However, the Subdivision Ordinance requires that development that seeks to utilize San Angelo's water service petition for annexation before such service can be extended. It appears in this case that such a purposeful and specifically-situated tract - in the context that the neighboring property under the same ownership which is developing currently - was created specifically to pursue annexation in order to develop. As such, the second goal outlined in this Plan advises to "balance short-term costs of making measured capital improvements in possible annexation areas with the long-term costs of not annexing these
- 102. same areas." Morespecifically, "recognize that determining best areas for annexation involves anticipating realistic potential for development around the urban fringe, annexing the most promising such areas...". The Comprehensive Plan goes on to state that it is important to "identify specific areas where...annexation may be useful for incorporating expected new development...within City limits, especially where an infrastructure of water utilities already exists." In this area, a network of water and sewer mains, available for extension, are in existence. These were extended and tied into during the process of developing The Boulevard subdivision. Financial Impact: not applicable, yet Recommendation: City staff recommends that City Council accept the proposed schedule of hearings as outlined below. Even before those public hearings may begin, the governing body must decide whether to “accept” or “reject” a petition for annexation. Accepting such petition does not commit the governing body to approving any or all of the requested annexation. Accepting such petition simply initiates a series of proceedings which may eventually lead to annexation. These hearings allow the opportunity for input from the public, interested parties, and the petitioner - for consideration by the City Council. annexation calendar (no special meetings needed) first public hearing June 4, 2013 second public hearing June 18, 2013 introduce annexation July 16, 2013 ordinance, on first reading second and final reading August 6, 2013 of annexation ordinance Attachments: legal description as provided by the applicant, of the proposed area survey map as provided by the applicant petition as submitted to City staff Presentation: AJ Fawver, Interim Director of Development Services Publication: No legal notice required at this time. However, if City Council agrees to accept this petition, legal notice of required public hearings will need to be published (in the newspaper) and posted on the City’s web site.
- 107. City of SanAngelo Memo Meeting Date: May 14, 2013 To: City Council members From: Kevin Boyd, Planner Subject: Z13-11: Harold and Margaret Mueller, a request for a zone change from Ranch & Estate (R&E) to Heavy Manufacturing (ML) to allow for various industrial activities, on the following property: Location: 4017, 4085, 4089, 4091, 4093 and 4125 US Highway 67 Frontage, 3902, 3922 and 3970 Tractor Trail, and 3613, 3669 and 3745 Porter Henderson Drive; more specifically occupying the Paul Gregory Addition, Block 1, Lots 1-9 (a replat of Tract B in Section 1 and a replat of Tract C in Section 2) in northeast San Angelo. Purpose: Approval or modification of this request would send that recommendation to City Council for a final decision on the matter. Contacts: Harold and Margaret Mueller, owners 325-651-1233 Kevin Boyd, Planner 325-657-4210 Caption: First Public Hearing and consideration of the Planning Commission’s recommendation modifying a request for a zone change from Ranch & Estate (R&E) to Heavy Manufacturing (MH), alternatively recommending a zone change from Ranch & Estate (R&E) to Light Manufacturing (ML) with an introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-11: Harold and Margaret Mueller 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: 4017, 4085, 4089, 4091, 4093 and 4125 US Highway 67 Frontage, 3902, 3922 and 3970 Tractor Trail, and 3613, 3669 and 3745 Porter Henderson
- 108. 2 Drive, in northeastSan Angelo. This property occupies the Paul Gregory Addition, Block 1, Lots 1-9 (a replat of Tract B in Section 1 and a replat of Tract C in Section 2), changing the zoning classification from Ranch & Estate (R&E) to Light Manufacturing (ML) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Summary: The City Council may: (1) Approve the proposed zone change as requested; or (2) Modify the application to some alternative zoning classification believed to be more appropriate; or (3) Deny the proposed zone change, altogether. Recommendation: Planning staff recommends modifying the proposed zone change request from Heavy Manufacturing (MH) to Light Manufacturing (ML). On April 15, 2013, the Planning Commission recommended a Light Manufacturing (ML) zoning classification for the property by a unanimous vote of 6-0.
- 109. 3 History and Background: GeneralInformation Existing Zoning: Ranch & Estate (R&E) Existing Land Use: Chaparral Commercial Center - American Tire Distribution, UPS, Cover Lay Manufacturing Inc. (assembly), a few accessory buildings and a vacant property. Surrounding Zoning/Land Use: North: Ranch & Estate (R&E) Texas National Guard Armory West: Heavy Manufacturing (MH) CSA Materials (manufacturing and production) South: Ranch & Estate (R&E) John Deere South Plain Implement East: Ranch & Estate (R&E) US Highway 67, Delek Marketing & Supply, Roy K Robb Corrections Facility Thoroughfares/Streets: MH Morgan Trail, Tractor Trail and Porter Henderson Drive are classified as a ‘local streets’, designed to carry light neighborhood traffic at low speeds. The portion of Porter Henderson, north of the intersection of MH Morgan Trail is unimproved. US Highway 277 and 67 are identified as "major arterial streets" and are designed to connect collector streets to freeways and other arterials carrying large volumes of traffic at high speeds. Access is secondary and mobility is the primary function of these streets. Zoning History: The property was annexed into the city as Ranch & Estate (R&E) in December 2011. Applicable Regulations: 316.B.1 of the Zoning Ordinance states, ..."If the uses routinely subject the surrounding area to noxious or malodorous impacts, they are considered heavy manufacturing and production.." Development Standards: All required off-street parking and the connection(s) to a public right-of-way are required to be paved.
- 110. 4 Vision Plan Map:Industrial Related Comp Plan Excerpts: Intent of Industrial in the Comprehensive Plan is to, “[dedicate areas for] supporting the local economy while mitigating some of their potentially undesirable secondary effects on nearby residences.” Industrial section goal one of the Comprehensive Plan is to "Organize LULUs (Locally Undesirable Land Uses) into clusters." The purpose of this goal is to: "Cluster potentially hazardous industries into a limited number (given the size of San Angelo) of larger, isolated areas will minimize negative effects on residential areas, while balancing access to these businesses within the region, rather than putting all of them into one location." Special Information Traffic Concerns: Although the area is residentially zoned, uses are heavy commercial to light industrial in nature. Changing the zoning has the potential to generate additional traffic than if the property remained as- is. TxDOT expresses concern with increases in freight movement, which may result with more intensive industrial zoning. Parking Requirements: Vary depending upon the use of the property, see Section 511 of the Zoning Ordinance. Parking Provided: Parking currently exists, any additional buildings on the site may require the need for more spaces. Density: Predominantly large tracts of undeveloped land in the surrounding areas. The Vision Plan also calls for 'Industrial' type development in the area. Notification Required: Yes Notifications Sent: 6 Responses in Favor: 0
- 111. 5 Responses in Opposition:0 Analysis: In order to approve this zone change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council. 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. The zone change request was initiated in an effort to market the properties to various industrial opportunities. Currently, the tract comprises of the Chaparral commercial center that includes American Tire Distribution, UPS and Cover Lay Manufacturing Inc. Although the uses are heavy commercial to industrial in nature, the zoning remains Ranch & Estate (R&E) by default since its annexation into the city-limits in December of 2011 – it is also bordered by R&E to the north, south and east. R&E is the designated holding zone for newly annexed property, much of the area was annexed within the past couple of years and has been never subjected to rezoning. Heavy Manufacturing (MH)
- 112. 6 zoning exists tothe west of the tract. Although the proposed request is for MH zoning, it is staff's finding that Light Manufacturing (ML) is more appropriate for the area, given reasons outlined within this report. The Vision Plan envisions the entire area, west of Highway 277 and 67 (which includes the subject area), to be designated for industrial uses – both MH and ML zoning are consistent with aspects of the Plan in this regard alone. Industrial allows for clustering potentially hazardous industries into limited, isolated parts of the city. The area is quite disconnected from the rest of the city, particularly residential areas. MH zoning will allow for the most intense and noxious land uses possible within the city limits which may be extreme in nature - ML zoning places limitations to restrict uses that may severely impact nearby properties. Based on the proponent's request, MH zoning will provide opportunities for various intensive industrial uses. CH, ML, MH and OW all permit industrial uses – one example, ‘Industrial Service’ (this use category includes the repair or servicing of industrial, business or household consumer machinery, equipment, products or by-products) – is permissible in the four zoning districts. There are other industrial uses not permissible in CH and OW districts. Uses allowed in ML and MH include warehouse and freight movement, wholesale trade, and mining and waste-related uses as conditional uses. ML and MH zoning allow for manufacturing and production, MH allows for heavy processing and manufacturing which may involve chemicals and similar processes. While the site is several miles from the nearest residence, there is no separation from one of the busiest thoroughfares and main gateways into the community - this poses a serious threat to passing motorists by the site. Conceivably, MH zoning with approved conditions will allow for slaughterhouses and meatpacking, refining of petroleum and coal products and the fabrication of boilers and tanks. A change to ML, rather the requested MH, will provide a variety of industrial opportunities that may emit sounds and odors, and limits uses that are considered extreme and damaging to the surrounding environment. Staff finds that the transition from R&E to ML is appropriate given the size of the lots and location of the site. The tract in question comprises of nine lots that range from 0.6 to 3.8 acres – the average lot size is between 2 and 3 acres. While some development exists near the site, much of the surrounding area remain largely undeveloped, characterized by open space and some light to heavy brush (and other vegetation). The Texas National Guard Armory and John Deere are two notable surrounding structures. Manufacturing uses already exist immediately west of the tract. CSA Materials, a manufacturing and production company, exists immediately to the west and northwest of the site. The area is bounded by US Highway 67 to the east. The property in question measures 648 feet and 538 feet from the nearest establishments to the east (pass the highway), other than those identified areas, the site has some distance from other developments in the city. While the site is relatively isolated from much of the development in the city, the tract abuts a major highway. No screening exists from view of the roadway in the means of vegetation, land, or structures. The difference between this property and MH zoned properties in the area is the visibility from US Highways 277
- 113. 7 and 67; theMH properties are screened from view and generally will remain isolated from a main gateway into town while this property is situated directly along this gateway into the community. While this location is ideal in terms of safety and overall compatibility for industrial development, ML zoning will provide a transition to more intensive MH zoned areas not directly adjacent to highly trafficked thoroughfares. A zone change from R&E to MH represents most significant transition possible under the current Ordinance – R&E is the least intensive zoning available, MH is the most. Although MH zoning allows for greatest flexibility as it relates to intensity and the level of noxious uses allowed, staff finds ML zoning is more suitable for the area. In areas where intensive uses exist – CSA Materials and Martifer-Hirscheld Energy Systems – these areas are zoned MH, but have adequate separation from the highway. The convergence of Highway 277 / 67 is a major gateway for travelers entering the city - this separation creates a natural buffer which minimizes the potential of any unforeseen visual or noxious impacts. Depending on the intensity of the use, the transition may have an effect on the natural environment. Clustering intensive uses into a few isolated areas is consistent with the Comprehensive Plan. The site measures a couple miles from the nearest water sources. Other features, small creeks measure slightly closer but sufficient distance away not to be affected by uses that would be allowed on the site. There is the potential for visual impacts, some heavy industrial uses already exist along the highway – a concrete mixing facility and oil storage facility (includes tanks) are notable examples. Given the nature of allowable uses in MH zones, the district poses greater environmental impacts on the land than ML zoning. This request for industrial zoning represents a community need. There are few areas in the city that has direct abutting access to a major highway and are isolated from residences or sensitive areas. The types of uses allowed in ML zoning, will enable the city to benefit, creating more diversified land uses within the city-limits. Arguably, ML zoning is one of the more underutilized districts in the city – given the fact that these uses can be somewhat intensive, it is appropriate since the area is somewhat isolated. The Vision Plan calls for industrial in the area and as such, will not require amendment to the Comprehensive Plan. The site boasts close proximity to US Highway 67, identified as a major arterial in the Thoroughfare Plan. There are two points of access from the highway – MH Morgan Trail and Tractor Trail – both are local streets. Proximity of the highway from the site - within 100 feet - will allow for quick access for transporting goods, an important factor in the manufacturing and production field. The property is near the edge of the city-limits – positioned nearly 2,400 feet to the east of the boundary – which allows for easy access to routes that led outside of the city. Although the site boasts is close proximity to major thoroughfares, access is a potential concern. A contact from TxDOT states that the crossovers, given inadequate pavement widths and rate of speed along the highway,
- 114. 8 are not sufficientenough to support increased freight movement to the site. While warehouse and freight movement are allowed uses in both ML and MH zones, a zone change ML limits intense uses (both in scale and intensity) and will have less impacts on the existing infrastructure. Proposed Conditions N/A 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; Excerpt from the comprehensive plan vision map highlighting the subject property; Excerpt of the favor/opposition notification map; Draft minutes from April 15, 2013 Planning Commission Meeting; and Draft Ordinance. Presentation: Kevin Boyd, Planner Reviewed by: Jeff Hintz, Interim Senior Planner (04/07/13)
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- 120. Requests for ZoneChange. [Planning Commission makes recommendation; City Council has final authority for approval.] A. Z 13-11: Harold & Margaret Mueller A request for approval of a zone change from Ranch & Estate (R&E) to Heavy Manufacturing (MH) to allow for various industrial activities as allowed in Section 310 of the Zoning Ordinance, on the following property: 4017, 4085, 4089, 4091, 4093 and 4125 US Highway 67 Frontage, 3902, 3922 and 3970 Tractor Trail, and 3613, 3669 and 3745 Porter Henderson Drive; more specifically occupying the Paul Gregory Addition, Block 1, Lots 1-9 (a replat of Tract B in Section 1 and a replat of Tract C in Section 2) in northeast San Angelo. Kevin Boyd, Planner came forward to present this request consistent with staff’s recommendation of modification of this request to Light Manufacturing Zoning (ML). Six notices were sent to property owners nearby, none were received. Mr. Boyd went over some characteristics of the area and photos taken in this area. The area is zoned Ranch & Estate and presently there is some opportunity for development in the area. The Vision Plan is calling for industrial type development on the subject property. Mr. Boyd went over staff’s recommendation on the matter and that the area was appropriate for residential development. Given the location within the City Limits and proximity to a major thoroughfare this area is appropriate for industrial development. He went over the need for manufacturing zoning within the city and reminded the commission that manufacturing zoning has no screening requirements and that this property is on a gateway into the community. The request to zone the property will be permanent and that while the current owner of the property is a good steward of the property, down the line that may not always be the case and that uses may change. Jeff Hintz, Interim Senior Planner stated why Ranch & Estate was the zoning of this property and what options the current property owner had regarding future uses. Harold Mueller came forward to state that he and the family would be alright with the ML zoning that staff has recommended as opposed to the MH zoning that was originally requested. Darlene Jones made a motion to approve as presented to ML zoning and that motion was seconded by Ryan Smith. The Motion passed unanimously.
- 121. AN ORDINANCE AMENDINGCHAPTER 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 WIT4017, 4085, 4089, 4091, 4093 and 4125 US Highway 67 Frontage, 3902, 3922 and 3970 Tractor Trail, and 3613, 3669 and 3745 Porter Henderson Drive. This property occupies the Paul Gregory Addition, Block 1, Lots 1-9 (a replat of Tract B in Section 1 and a replat of Tract C in Section 2), in northeast San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Light Manufacturing (ML) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY RE: Z 13-11: Harold and Margaret Mueller 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: 4017, 4085, 4089, 4091, 4093 and 4125 US Highway 67 Frontage, 3902, 3922 and 3970 Tractor Trail, and 3613, 3669 and 3745 Porter Henderson Drive. The property occupies the Paul Gregory Addition, Block 1, Lots 1-9 (a replat of Tract B in Section 1 and a replat of Tract C in Section 2) in northeast San Angelo, shall henceforth be permanently zoned as follows: Light Manufacturing (ML) District. The Director of Planning is hereby directed to correct zoning district maps in the office of the Director of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the hereinabove described property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended.
- 122. SECTION 3: Thatthe following severability clause is adopted with this amendment: SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance. SECTION 4: That the following penalty clause is adopted with this amendment: PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense. INTRODUCED on the 14th day of May, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 21th day of May, 2013. THE CITY OF SAN ANGELO ____________________________________ Alvin New, Mayor ATTEST: ________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
- 123. City of SanAngelo Memo Meeting Date: May 14, 2013 To: City Council members From: Kevin Boyd, Planner Subject: Z 13-13: David and Pam Hilton, a request for a Historic Overlay Zone on the following property: Location: 525 Preusser Street, located at the southwest corner of Preusser Street and North Poe Street; more specifically occupying the Ellis Addition, Block 4, N 115' of Lots 1 & 2 and E 33.5' of Frary Addition, Block 19, Lot 6, in central San Angelo. Purpose: Approval will historically overlay a residence of historic significance. Contacts: David and Pam Hilton, Owners 325-653-7678 Kevin Boyd, Planner 325-657-4210 Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-13: David and Pam Hilton 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: 525 Preusser Street, located at the southwest corner of Preusser Street and North Poe Street. This property specifically occupies the Ellis
- 124. 2 Addition Block 4,N 115' of Lots 1 & 2 and E 33.5' of Frary Addition, Block 19, Lot 6, in central San Angelo, adding the zoning classification of Historic Overlay (HO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Summary: The City Council may: (1) Approve of the proposed Historic Overlay; or (2) Deny of the proposed Historic Overlay. Recommendation: Planning Staff recommends approving the proposed Historic Overlay. On April 18, 2013, the Design and Historic Review Board recommended the Historic Overlay designation request by a 5-0 vote. History and Background: General Information Existing Zoning: Two-Family Residential (RS-2) Existing Land Use: Residence Surrounding Zoning/Land Use: North: Two-Family Residential (RS-2) Residences West: Two-Family Residential (RS-2) Residences South: Two-Family Residential (RS-2) Residences East: Two-Family Residential (RS-2) Residences Thoroughfares/Streets: Preusser Street and North Poe Street are indentified as a ‘local streets’, designed to carry light neighborhood traffic at low speeds. Applicable Regulations: Zoning Ordinance Section 211. Historic Overlay Zone A. “The Historical Overlay Zone provides additional regulations that supplement
- 125. 3 the underlying basedistrict regulations for the purpose of preserving historic landmarks and districts.” Vision Plan Map: Neighborhood Notification Required: Yes Notifications Sent: 25 Responses in Favor: 0 Responses in Opposition: 0 Analysis: In order to approve this request, the City Council members are first required to find that one or more of the following are true: 1. Possesses significance in history, architecture, archaeology, or culture; 2. Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history; 3. Is associated with the lives of persons significant in our past; 4. Embodies the distinctive characteristics of a type, period, or method of construction; 5. Represents the work of a master designer, builder, or craftsman; 6. Represents an established and familiar visual feature of the city; 7. Possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; 8. Has yielded, or may be likely to yield information important in prehistory or history. The staff recommendation is based upon the statements listed below. Situated in one of the city's oldest neighborhoods, the house located at 525 Preusser Street was constructed in 1903. The house is reflective of two architecture styles, Free Classic and Queen Anne Victorian. Features of a Queen Anne include a steep hipped roof, front-facing
- 126. 4 gable, and aone story porch that extends across two sides of the house - all of which are present on the house. The two story structure was constructed of a wood frame and contains decorative shingles, classical columns, Dentil molding, and Palladian windows, and a complicated, asymmetrical shape. It measures roughly 2,500 square feet in size, larger than many of the homes in the area. The house is comprised of a vivid Geranium Leaf green with accents of white trimming and a dark purple near the top frame of the building. Other structures on the property include a storage building and a garage (permitted in 2010), both of which match the colors of the house. The Victorian property certainly stands out from many of properties in the neighborhood, all in style, color and size. The street in which the property fronts is historic in nature. Preusser Street was named after Mayor J. G. Preusser, who served for the city from 1888 to 1891. The 110 year old house was constructed only 12 years following the end of his term as mayor, to replace an existing single story house. Planned with wide curb-to-curb access, approximately 70 feet, the street provided sufficient maneuvering room for stagecoaches. The house was home to Professor Rogers William Moore, a prominent figure of the time, and his family to include his wife, Emma Dole Parr Moore, sons, Jefferson Parr Moore and William Forest Moore, and Lyda Barth Moore. Professor Rogers William Moore, once a teacher then principle, was a pioneering educator who established a private school here in the city which operated from 1906 to 1917. The school, known as Moore High School, was situated on the adjacent property along North Poe Street and prepared students for secondary education. Some influential graduates from the school included George James Weddell (served as a member on the Water Valley School Board for 22 years) and sons of Henry Clay Daniel (former Tom Green County Commissioner, Justice of the Peace and founder of Daniel Tire Co. in San Angelo). Back in 1909, when the property was addressed as 125 Preusser Street (later changed to 525 Preusser in 1910). Miss L. B. Moore was a gifted pianist and taught lessons from the house, referenced from Worley’s 1909 Directory. Victorian homes were the generally popular during the late 1800s to early 1900s – the Queen Anne style is considered one of the most recognizable of Victorian-era homes. The style flourished after the height of the Industrial Revolution, new technologies in home construction improved the assembly and distribution of factory-made, pre-cut architectural parts, transported by rail. Builders of Victorian homes created innovative, sometimes excessive homes.1The proposed overlay designation will help to ensure that any material alteration, restoration or rehabilitation does not detract from its historic integrity. Victorians have quite distinctive architectural design, while the style varies greatly; it is commonly referred as “fanciful” and “flamboyant” in nature. Although the designer and builders of the house are unknown – the fact that the home is over 100 years old and in pristine condition is a testament of its overall construction. These structures are known for its 1 http://architecture.about.com/cs/housestyles/a/queenanne.htm
- 127. 5 expressive architecture, butsuch elaborate parts often make them difficult to maintain.2 If this Historic Overlay Zone is approved, then any alteration, restoration or rehabilitation of the building's exterior must have a "Certificate of Appropriateness" approved by the Design and Historic Review Board. While Victorians were much more common in the past, finding a structure as well- maintained as this one, is worthy of historic preservation. The property is certainly an exception in the neighborhood. The surrounding area has a mix of traditional and contemporary homes - being more traditional in nature. Relative to the house in question, other traditional homes are much smaller (usually a single story) and not as well-maintained. The vivid use of colors, although not native to the style of the house, also make it such a valued location. Given the distinctive characteristics of the property, staff believes that there is an inherent need to historically preserve such structure. Further, approval of the historic overlay of the property will promote a greater sense of continuity and identity for the neighborhood. 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; Excerpt of the favor/opposition notification map. Draft minutes from the April 18, 2013 Design and Historic Board Meeting; and Draft Ordinance. Presentation: Kevin Boyd, Planner Reviewed by: Jeff Hintz, Interim Senior Planner (04/09/13) 2 Ibid.
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- 132. III. Z 13-13:David and Pam Hilton A request for a Historic Overlay Zone on the following property: 525 Preusser Street, located at the southwest corner of Preusser Street and North Poe Street; more specifically occupying the Ellis Addition, Block 4, N 115’ of Lots 1 & 2 and E 33.5’ of Frary Addition, Block 19, in central San Angelo. Kevin Boyd, Planner, presented this request consistent with staff’s recommendation of approval. 25 notices were sent for this request and none were returned. Mr. Boyd went over some characteristics of the area and the current surrounding features of the area as well. Site photos and general features of the property were also addressed by Mr. Boyd. Mr. Boyd then went over the criteria for approval mandated for this request that staff and the commission must find true to grant the request. This house was built in 1903 and utilized many features in Victorian Construction. This architectural style was utilized in the industrial revolution and is a traditional two-story housing structure. This home is approximately 2,500 square feet and is much larger than other homes in the area. The house currently has 7 different colors that work in harmony with one another and are traditional period colors that fit the Victorian style. The wide width of the street was designed for stage coaches and this structure was designed with non- motorized vehicular travel in mind. Mr. Boyd covered some ownership history of the property and stated why this request would serve a public good by preserving this structure for future generations. If approved, a Certificate of Appropriateness would be required from the DHRC. David Hilton, property owner came forward to speak in favor of the request. He was able to gather history from various public resources and learned a great deal about the property. The property does stand out in the neighborhood due to the Queen Ann style or architecture and there have been some renovations to the inside of the property to make the house a bit more modern from the inside. Mr. Hilton and his wife have spent a lot of time and effort making this property look nice; several neighbors were interested in the project and the renovations that have taken place on the property to the home. Barbra Hesse, recommended that the DHRC approve this particular request Motion to approve was made by Margaret Mallard and seconded by Ryan Smith. The motion passed by a unanimous vote of 5-0.
- 133. AN ORDINANCE AMENDINGCHAPTER 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 525 Preusser Street, located at the southwest corner of Preusser Street and North Poe Street. This property occupies the Ellis Addition, Block 4, N 115' of Lots 1 & 2 and E 33.5' of Frary Addition, Block 19, Lot 6, in central San Angelo, adding the zoning classification of Historic Overlay (HO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY RE: Z 13-13: David and Pam Hilton 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: 525 Preusser Street, located at the southwest corner of Preusser Street and North Poe Street. This property occupies the Ellis Addition, Block 4, N 115' of Lots 1 & 2 and E 33.5' of Frary Addition, Block 19, Lot 6, in central San Angelo, shall henceforth be permanently zoned as follows: Historic Overlay (HO) District. The Director of Planning is hereby directed to correct zoning district maps in the office of the Director of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the hereinabove described property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended. SECTION 3: That the following severability clause is adopted with this amendment:
- 134. SEVERABILITY: The terms andprovisions of this Ordinance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance. SECTION 4: That the following penalty clause is adopted with this amendment: PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense. INTRODUCED on the 14th day of May, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 21th day of May, 2013. THE CITY OF SAN ANGELO ____________________________________ Alvin New, Mayor ATTEST: ________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
- 135. City of SanAngelo Memo Meeting Date: May 14, 2013 To: City Council members From: Jeff Hintz, Interim Senior Planner Subject: Vision Plan Amendment to the Comprehensive Plan for the following area of the City: Location: Starting approximately 800 feet west from the intersection of Loop 306 and North Baze Street, thence in a northerly direction to FM 2105, and easterly through the city landfill and encompassing properties annexed in December of 2011, and city owned properties east of North US Highway 67 north and east of the current Industrial Park in the far northeast portion of San Angelo. Please see attached maps included with this report for a more detailed depiction. Purpose: Approval or modification of this request will update the Vision Plan Map component of the Comprehensive Plan. Contacts: Jeff Hintz, Interim Senior Planner 325-657-4210 AJ Fawver, Interim Director of Development Services Caption: APPROVAL OF AN AMENDMENT TO VISION PLAN COMPONENT OF THE SAN ANGELO COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, SPECIFICALLY PROPERTIES STARTING APPROXIMATELY 800 FEET WEST FROM THE INTERSECTION OF LOOP 306 AND BAZE STREET, THENCE IN A NORTHERLY DIRECTION TO FM 2105, AND EASTERLY THROUGH THE CITY LANDFILL AND ENCOMPASSING PROPERTIES ANNEXED TO THE CITY LIMITS IN DECEMBER OF 2011, AND CITY OWNED PROPERTIES EAST OF NORTH US HIGHWAY 67 NORTH AND EAST OF THE CURRENT INDUSTRIAL PARK IN THE FAR NORTHEAST PORTION OF SAN ANGELO Summary: The City Council may:
- 136. Approve the proposedVision Plan map amendments as presented; Remand the Vision Plan map back to Planning Commission for further discussion; or Deny the proposed Vision Plan Map Amendment in its entirety or on a property by property basis. Recommendation: Planning staff recommends approving the proposed Vision Plan Map Amendments. At the March 18, 2013 meeting Planning Commission recommended approval of this request by a vote of 6-0. History and Background: This majority of this area was annexed to the city limits in December of 2011, including many of the properties occupied along the Old Ballinger Highway corridor. After annexation, an analysis of the region by Planning Staff over approximately 6 months, several amendments to the current vision plan are being recommended for reasons outlined within this staff report. Analysis: The staff recommendation is based upon the statements listed below. In looking at this area immediately after the annexation was finalized, staff noted several contradictions to the goals and intent of the Comprehensive Plan. This series of amendments is being proposed to address these contradictions and be proactive rather than reactive in establishing an appropriate land use pattern within the area. Within the Neighborhood Section of the Comprehensive Plan, Goal three states that "A buffer should be required separating commercial, industrial, or agricultural zoned lands from neighborhoods." Just glancing at the Vision Plan Maps included within this report, one will easily notice the yellow & light green colors, which represent "Neighborhood" & "Rural" style development respectively. The grey color indicates "Industrial" development. These two land uses are at complete opposite ends of the land use spectrum. This juxtaposition of uses is in stark contrast to the "Neighborhood" standards established within the Comprehensive Plan. In fact, the Comprehensive Plan states under the "Neighborhood" section as an action step to: "Promote vibrant & viable neighborhoods," and that CG/CH zoning should be removed in areas adjacent to neighborhoods in the pursuit of this promotion. By allowing industrial activities to be placed next to neighborhoods, the Comprehensive Plan is being contradicted by the Vision Plan component of it in its current form. During the analysis of the area, staff did determine that several changes should be made proactively now, rather than reactively
- 137. later when thearea is developed. Successful neighborhoods and industrial areas rarely mix in conjunction with one another; the Comprehensive Plan recognizes this contrast in land uses and calls for several action steps to alleviate these incompatibilities. In addressing this area, staff systematically went through parcel by parcel; for the most part, staff has made recommendations that would eliminate the potential contrasting uses and incompatibilities for this area by offering a better alternative. Along with this analysis, staff based the recommendations for re-visioning of parcels upon current land ownership data. This means that individual property owners will no longer have parcels that call for both commercial and residential development - or other combinations that can make future development of the property cumbersome. Staff believes this will allow property owners to subdivide in any conceivable way and still be able to apply for zone changes in compliance with the Comprehensive Plan, without having to worry about split zoning regulations on the same property. By addressing these concerns now while this general area is still in a pre-development state, this will make future improvements to property quicker and with fewer challenges. Once property is developed and staff is forced to react to problems, the solutions may take decades to correct if they are able to be corrected at all. By addressing these incompatibilities and contrasting land use designations now, the Code Enforcement, Permitting, and Planning Divisions - in particular - will likely see less of the types of problems that are experienced in other segments of the city, where development often preceded planning. More importantly, homeowners will be less likely to be subjected to living near industrial areas with no suitable buffer to their residence; once highly contrasting land uses are established without a suitable buffer, neighborhoods, businesses and visitors to town are all negatively impacted and immediate solutions are few and far between. In looking at the proposed Vision Plan changes, very quickly one should see that the grey colored "Industrial" areas are buffered from all of the light green and yellow areas identified for "Rural" & "Neighborhood" development; This has been largely done with a vision category called "Transitional." Transitional-envisioned areas are designed with buffering between contrasting uses as the primary goal. A "Transition" area allows for the tapering down of intense uses as they grow closer to uses of a lesser intensity. As an example, an industrial use or area may be ramped down heading into a neighborhood by a park, open space, apartment complex, town homes, duplexes, retirement community, or a neighborhood serving business of very low intensity (as a few examples). Transitional areas are flexible and will allow future development that is in harmony with the neighborhood at a much more adequate scale than the stark contrast of industrial directly adjacent to neighborhood development, with no buffer. One goal of "Transitional" areas is to, "Blend intensive commercial areas into neighborhoods seamlessly." By introducing transitional areas as a buffer to the industrial areas of this region, staff is confident a better balance and mix of land uses will occur making the region more sustainable and diverse in terms of market. An area that is completely saturated, or dominated with one land use is not sustainable long term and often times becomes dilapidated and underutilized after a couple of decades. By allowing a mix of land uses in this area, staff is confident this amendment will ensure steady consistent growth of all kinds at different scales and intensity. Balanced steady growth makes a community viable not just now, but for decades to come. By allowing a
- 138. mix of properlyset up land uses, the area will have the opportunity to re-invent itself as market trends change and new businesses emerge; as new businesses and ideas for growth, an area envisioned with solely one type of land use locks itself in to that land use and can do nothing else. By introducing more transitional areas, reinvention is allowed to occur and the entire northeast region can remain viable in multiple areas, not just in manufacturing and industrial uses. In addition, balanced and well planned out growth will ensure compatible land uses are introduced nearby one another from the onset; with these amendments problems down the road should be few and far between if the land use plan is adhered to. Another envisioned area that has expanded is that of "Neighborhood Center." In looking at the current and proposed map, one will see a lot of "Neighborhood' & "Rural' development called for; "Neighborhood Centers" are intended to serve these types of areas and should be situated at key nodes throughout the community. Since many of the thoroughfares are not yet constructed, now is the perfect time to identify and ensue these nodes are both located properly, and make sense. By taking this opportunity now - as the consulting group suggested when compiling this map - a "template" for sustainable land use patterns can be created. This is an opportunity generally available only in undeveloped areas, or by drastically altering the land use pattern and creating nonconformities as a result. One "Neighborhood Center" was removed and replaced with an opportunity for more intensive "Commercial" development due to the envisioned area being surrounded by "Industrial" type development, thus no neighborhood was actually being served here. Neighborhood Centers were enlarged in other areas that made sense, next to neighborhoods and along thoroughfare intersections. Since long strips of solely commercial development are not sustainable long term, as witnessed along Chadbourne Street and Martin Luther King Jr. Drive, staff has focused commercial developments in clusters at key node intersections. Businesses do better for themselves and for their neighboring businesses when they are clustered around key intersections; in addition, businesses are more easily reached by alternative modes of transportation other than automobile when they are clustered. This is something very important to consider when placing "Neighborhood Centers" given their proximity to neighborhoods; children and other folks who are not able to drive need to be able to reach neighborhood-serving businesses. One will also notice the expansion of industrial usage in this particular region focused around the city landfill and railroad tracks in this region. Currently, the landfill is identified as "industrial" as it should be, however future expansion to the north of the landfill calls for rural type development. Staff is recommending this area and an open space buffer be added to the west to alleviate future adverse impacts on surrounding properties. Staff also felt that "Rural" development along a rail line would be a wasted opportunity and not be the highest and best use of that land. As a result, more "industrial" development has been envisioned to the west of the current rail line. As the philosophy behind the Ports to Plains movement takes off and freight rail traffic become more prevalent in today's markets, this is an area where users of rail can come in and grow successfully and responsibly in harmony with the other segments of development in the region. City Council was very purposeful when annexing this area in 2011, recognizing the opportunity for multi-modal accessibility to an industrial "hub", located far enough from the 277 corridor to not negatively influence this often-used entrance.
- 139. Some "Industrial" opportunitieswere replaced along Loop 306, just west of Bell Street primarily for two reasons. As a main gateway into town, having opportunities for scrapped cars, outdoor storage of materials and other intense uses is not the type of first impression that attracts travelers to stop and is also highly detrimental to the surrounding neighborhoods. Staff does realize industrial activities need easy access to highways, but placing industrial uses directly on a highway simply is not appropriate for the long term growth and success of the community. With the thoroughfare network intended to serve these high intensity uses in this area, access to transportation should not be an issue. This industrial area has been replaced with a "Neighborhood Center" & opportunities for "Commercial" development. Given the thoroughfare network, existing neighborhoods and visibility to the highway, some commercial development in this area will likely be successful and in harmony with the area. Attachments: Current Vision Plan Map of the area; and Proposed Vision Plan Map of the area; and Minutes from March 18, 2013 Planning Commission. Presentation: Jeff Hintz, Interim Senior Planner Reviewed by: AJ Fawver, AICP, Interim Director of Development Services (01/22/13)
- 140. Note: Colored dashedlines indicate future planned extensions of thoroughfares, they have not been completed at this time
- 141. Note: Colored dashedlines indicate future planned extensions of thoroughfares, they have not been completed at this time
- 142. IX. Discussion andpossible action to amend portions of the Vision Plan Component of the 2009 update to the San Angelo Comprehensive Plan, specifically properties Starting approximately 800 feet west from the intersection of Loop 306 and North Baze Street, thence in a northerly direction to FM 2105, and easterly through the city landfill and encompassing properties annexed in December of 2011, and city owned properties east of North US Highway 67 north and east of the current Industrial Park in the far northeast portion of San Angelo. Jeff Hintz, Interim Senior Planner, came forward to present this item. There are no notifications required for this type of proposal. Mr. Hintz described the background of the annexation of this area and the current Vision Plan map configuration for this area. The current configuration provides no transition from "Industrial" classifications to "Neighborhood" classifications. Mr. Hintz discussed the need to proactively plan for development in this area. Staff attempted to also remedy split zoning of cohesive tracts and did a parcel-by-parcel survey of the area. Mr. Hintz also discussed how the intent behind the annexation, the presence of rail, and the presence of highway infrastructure also influenced the proposal. Jennifer Boggs thanked staff for their work on this matter. No one came forward to speak on this matter. Motion, to approve as presented, was made by Jennifer Boggs, and seconded by Joe Grimes. The motion passed unanimously, 6-0.
- 143. City of SanAngelo Memo Meeting Date: May 14, 2013 To: City Council Members From: Jeff Hintz, Interim Senior Planner AJ Fawver, AICP, Interim Director of Development Services Tim Wolff, Storm Water Engineer Subject: Amendment to Smith Boulevard & Paulann Boulevard planned projections Location: Northeastern city limits to San Angelo and nearby properties annexed in December of 2011. Purpose: Approval or modification of these requests by the Planning Commission would forward that recommendation to City Council for a final decision on the matter. Contacts: Jeff Hintz, Interim Senior Planner 657-4210 Tim Wolff, Storm Water Engineer 657-4203 Caption: DISCUSSION AND POSSIBLE ACTION REGARDING AN AMENDMENT TO THE THOROUGHFARE PLAN COMPONENT OF SAN ANGELO'S COMPREHENSIVE PLAN, SPECIFICALLY PLANNED PROJECTIONS OF SMITH BOULEVARD AND PAULANN BOULEVARD AND OTHER PLANNED THOROUGHFARES IN NORTHEAST SAN ANGELO. Summary: The City Council may: (1) Approve proposed amendment to the planned future projection, as recommended and presented by City Staff, MPO Policy Board, and Planning Commission on an attached map;
- 144. (2) Remand thematter back to the City Staff, MPO Policy Board, or Planning Commission with recommendations; or (3) Deny any and all proposed amendments to these proposed collector street extensions. On March 18, 2013 Planning Commission recommended approval of this request by a vote of 6-0. On April 11, 2013 MPO Policy board recommended approval of this request with the exceptions of thoroughfares running northerly and southerly through city owned properties east of the City Limits -and- a proposed extension of FM 2105 across US 277 and south through city owned properties. This recommended map is included as the final map attachment of this report. Background and Analysis: The San Angelo Comprehensive Plan, adopted in 2003 and updated in 2009, includes a Thoroughfare Plan component that designates existing major streets as freeways, arterial or collector streets. This Thoroughfare Plan also shows the planned future path of new freeways, arterial and collector streets in areas of future development around the urban fringe of San Angelo. When amended, staff customarily proposes amendments based upon their study and understanding of the area. The proposal is vetted through the Planning Commission and the MPO (Metropolitan Planning Organization) before finalizing the matter via the City Council. Planning staff is initiating a regular policy of re-examining pieces of the Comprehensive Plan whenever areas are annexed, to ensure consistent and ongoing planning and updating. This includes the Thoroughfare Plan piece of this document. Three proposed extensions are planned for this area. In examining the area as a group, the first observation was the lack of an integrated "network" of streets to bisect the larger tracts of property that make up this segment of the community. It is important to plan a loose framework of streets prior to the development of this area, so that the streets are dedicated and extended according to the Subdivision Ordinance stipulations as property is further divided into smaller parcels. First, the northeast region of San Angelo does not currently have any planned streets of significance which would allow traffic movement in an east-west direction. Paulann Boulevard is already planned as a minor collector and has long been shown as extended to U.S. Highway 277 N. By continuing this collector street eastward, it not only provides and "punches through" this access, but it aligns appropriately where an existing crossover is already in place, on its western side, and appropriately with an already-planned minor collector segment on its eastern side. Now is the proper time to add this particular planned thoroughfare because future development needs to plan for - and around - this street extension. By addressing the matter now, future development of this roadway will be planned well in ahead of time so developers and citizens are aware of what to expect. Land use patterning will also be affected by the street network, and this proposal lends itself to the accompanying land use pattern proposed as part of the amendment to the Vision Plan. Secondly, Smith Boulevard is also being proposed to extend northeast from Paulann Boulevard and curve northward to connect with Old Ballinger Highway and a future
- 145. extension of 50thStreet (a minor arterial). Smith Boulevard is being extended to allow for traffic circulation as properties are subdivided in the future. It is not inconceivable to imagine the very large tracts of property being divided and developed over a long period of time. As density and the number of users in this area increase, the ability for vehicular movement through this large area - in a manner other than the two adjacent high-speed expressways - will be important. This northward extension will allow future development of properties in a responsible manner that also adequately addresses traffic circulation. Thirdly, the minor collector network to the east of this map (only one north-south piece - Holiman Ln, is existing) is being proposed in a different alignment. For the speed of traffic along a minor collector street, the curvature in the current plan appears inappropriate. There also appears to be a prime (and currently missed) opportunity to connect to Farm to Market Road 2105. By realigning the curvature in this proposed street, and upgrading it to a major arterial - consistent with the current stretch of FM 2105 - this creates a full connection point from northernmost San Angelo to northeastern San Angelo. With the current state of development in this area, the only quick way to make this route is via U.S. Highway 277 N and S Loop 306. Both of these proposed street extensions will allow the community to grow as future development occurs without having to fix traffic problems after the fact. By adding these thoroughfares to the plan now, staff is confident that the traffic circulation and potential for growth in the northeast portion of town will be addressed. Attachments: Current Thoroughfare Plan map; and Draft amendment to Thoroughfare Plan map. MPO recommended amendment to Thoroughfare Plan Map; and Minutes from March 18, 2013 Planning Commission; and Minutes from April 11, 2013 MPO meeting. Presentation: Jeff Hintz, Interim Senior Planner Reviewed by: AJ Fawver, AICP, Interim Director of Development Services (01/22/13)
- 149. X. Discussion andpossible action regarding proposed amendment to Thoroughfare Plan component of San Angelo Comprehensive Plan adopted in 2009, specifically to add two projections of proposed collector street segments, one extending Smith Boulevard northward from its intersection with Paulann Boulevard and one extending Paulann Boulevard south and east across Highway 277 in far northeast San Angelo. Jeff Hintz, Interim Senior Planner, came forward to present this matter. Notifications are not required for this item. Mr. Hintz showed the current configuration of future thoroughfares as planned for this area. He also discussed the background of the area and of the notion of thoroughfare planning. Mr. Hintz highlighted the changes and asked if there were any questions. Mr. Hintz also discussed how this would impact subdivision platting in this area and how it would achieve the objectives of feeding traffic through the area on roads correctly designed to handle the level of activity intended. There were no questions. No one came forward to speak on this item. Motion, to approve this amendment as presented, was made by Jennifer Boggs and seconded by Joe Grimes. The motion passed unanimously, 6-0.
- 152. City of SanAngelo Memo Meeting Date: May 14, 2013 To: City Council members From: Jeff Hintz, Interim Senior Planner Subject: Vision Plan - Proposed Amendment to the Comprehensive Plan for the following area of the City: Location: Properties located south from the intersection of Grand Canal Road and US Highway 277, south to the City Limit Line, and properties located just east of the City Limits line, but outside the City Limits in southern San Angelo. Please see attached maps on this report for a more detailed description. Purpose: Approval or modification of this request will update the Vision Plan Map component of the Comprehensive Plan. Contacts: Jeff Hintz, Interim Senior Planner 657-4210 AJ Fawver, Interim Director of Development Services 657-4210 Caption: APPROVAL OF AN AMENDMENT TO VISION PLAN COMPONENT OF THE SAN ANGELO COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, SPECIFICALLY PROPERTIES LOCATED SOUTH FROM THE INTERSECTION OF GRAND CANAL ROAD AND US HIGHWAY 277, SOUTH TO THE CITY LIMIT LINE, AND PROPERTIES LOCATED JUST EAST OF THE CITY LIMITS LINE, BUT OUTSIDE THE CITY LIMITS IN SOUTHERN SAN ANGELO. Summary: The City Council may: Approve the proposed Vision Plan map amendments as presented; Remand the Vision Plan map back to Planning Commission for further discussion; or
- 153. Deny the proposedVision Plan Map Amendment in its entirety or on a property by property basis. Recommendation: Planning staff recommends approving the proposed Vision Plan Map Amendment. Planning Commission recommended approval of this request by a vote of 6-0 at the April 15, 2013 meeting. History and Background: This majority of this area was annexed to the city limits in 1997. At that time, many of the uses in place included heavier commercial and lighter industrial types. Since that time, neighborhood type development has occurred behind these developments and south of Grand Canal Road. Analysis: The staff recommendation is based upon the statements listed below. This area, prior to annexation in 1997, was home to more sprawling, but higher intensity land uses; several of these land uses and the structures associated with them are still present to this day. As early 1999, the properties south of Grand Canal Road were subdivided; the area near the intersection for Templin Court and Grand Canal Road was established around 2000. In later years, this residential development continued to the north and east along Grand Canal Road and in 2005, a resubdivision of this area created Clarice Court. Upon examination of the area, nearly all of these lots have been filled by single family homes, with the exceptions being a couple of lots closest to the industrial and heavier commercial development. This area is home to uses at opposite ends of the land use spectrum that result in some incompatibilities. Generally speaking, residential areas are more successful when isolated from higher-intensity land uses allowed in industrial type zoning. This isn't to say the two designations cannot work in close proximity to one another, but the Comprehensive Plan seeks to buffer these types of land uses with some intermediate zoning designation and land use. In the case of this general region, that bridge or buffering area is not in place. Given that these juxtapositions of land uses occur, it would be prudent for this area to be re-envisioned now so that development in the future can be harmonious with what is present now. Staff does realize that the industrial areas with higher intensities of land uses were in place prior to the development of this residential neighborhood. As such, it would be highly advantageous to now establish nodes of industrial and commercial areas so that the long term benefit and enjoyment of properties within this area will continue well into the future. Several of the goals within the Zoning Ordinance and Comprehensive Plan is to create predictable land use patterns and consistent development throughout the community for residential, commercial, industrial and other properties. By allowing no
- 154. transition or "step-down"area from higher-intensity uses into much lower-intensity residential uses, the predictability of future developments is compromised. Developers Clearly, the stark contrast in place now between these land uses (at extreme opposites of the land use spectrum) does not lend itself to predictability; the proper way to build in and create it is viaan amendment to the Vision Plan Map within the Comprehensive Plan. It should also be pointed out that this proposed amendment is a vision of the future and does not actually rezone property. However, if the present development patterns of this residential area continue, some commercial opportunities or mixed use opportunities may present themselves in the future. Industrial areas (as currently visioned) do not allow for either of these to occur without an amendment to the Comprehensive Plan. By addressing these realities now, future owners, developers, and investors in property will be afforded opportunities to diversify the development in the area. As areas become more diverse, people are able to meet daily needs within walking distance, factories and businesses are able to have workers who live nearby, and commercial enterprises are located much closer to their customer bases. Locating and excluding land uses from one another does not necessarily lead to successful long-term sustainability. Having large pockets and strips of commercial areas creates traffic congestion; if these areas are not spread out in proportion to the population base of the community, areas of town become congested at certain times while other areas go underutilized and eventually developers and property owners become disconnected from that area; over time the area becomes forgotten and eventually, disinvestment occurs. By addressing this issue now, diversification may occur and new development opportunities can be realized before it becomes too late. As industrial and commercial trends change, the highest and best use of the land also changes. Having exclusively one type of envisioned development can lead to negative consequences for an area. By providing for a wide range of uses, the area can re-invent itself while still retaining the predictability and consistency of development everyone in the community seeks. Diversification allows areas to feed off of one another, creating synergy that maintains activity - and thus, business - on a long-term basis. Regarding the proposed changes to the Vision Plan map: the most noticeable one is that the large swath of land area currently envisioned as "Industrial", directly adjacent to the neighborhood areas, has been removed and replaced with other more compatible use types. Staff has found that "Transitional" areas - shown as brown on the proposed Vision Plan map excerpt - will be much more compatible with the existing neighborhood both now and in the future. These transitional areas will allow for development opportunities that are at a more appropriate intensity and density for the adjacent properties, and which factor in the street network and its capabilities. "Transitional" areas in this sense could potentially allow for intermediate uses such as offices, self service storage warehouses, and higher-density residential opportunities to name but a few. The second change is the large, dark green parcel located north of Grand Canal Road. Currently envisioned for neighborhood development, this parcel is federally owned and contains a drainage area that would likely not be developed in the future. By preserving this area now as open space, it allows some predictability for neighbors both north and south of the canal some assurances that the area is not anticipated for development. It
- 155. is also amore accurate representation of the property itself, and helps meet the suggestions from the Comprehensive Plan that encourage every neighborhood to be close to types of green space - which can include areas that are not necessarily limited to parks. Just south of the intersection of Grand Canal Road and Templin Court another parcel has been identified as open space; this area is a low spot where drainage currently flows, preserving this as open space in the future will also greatly benefit this area. Two other changes occur at the core of the residential area; a "Neighborhood Center" indicated in pink has been added, and the "Industrial" development at western edge of the city limits (surrounded by current and future envisioned areas of "Neighborhood" development) has been replaced with a "Neighborhood" development designation. This "Neighborhood Center" is intended for lower-intensity commercial enterprises that, generally speaking, will serve the neighborhood without the full intensity of development that commercial areas allow. In addition, higher-density residential opportunities are also encouraged within "Neighborhood Centers". Generally speaking, "Neighborhood Centers" should be located at nodes on key intersections; in this case, when factoring in traffic patterns and accessibility, this particular parcel is readily and easily accessible to the established neighborhoods without having to access Highway 277. As such, the "Neighborhood Center" located south of the existing city limits line has been replaced with rural envisioned development. East of Highway 277, a large strip of commercial development was envisioned for the future. In analyzing this area, several parcels currently sit vacant or underutilized at this time that already have commercial zoning designations. Given the isolation and lack of thru streets to these properties, coupled with the fact that vacant commercially-zoned properties exist north and east of this study area, and within the study area, more commercial envisioned development is not necessary for the area at this time. In the future, changed conditions may require that this area be looked at again, but for the time being the balance of commercial properties in this area is more than the area needs for the foreseeable future. Commercial areas have been located between industrial properties in such a way that the commercial properties are adjacent to neighborhoods and transitional areas for the most part. The transition from industrial, into commercial or transitional, and finally into neighborhoods is something that is highly recommended within the Comprehensive Plan and by Planning staff. The transitions - if established in this order - are logical and predictable, and if followed, will lead to predictable development that all property owners can enjoy both now and in the future. By creating buffer zones and transitions between industrial areas, they will be allowed to flourish without being a detriment to the neighboring, less intensely used properties. By adding in some commercial areas that will serve as a buffer to the neighboring residential uses, more diverse opportunities may exist which will benefit all residents of the area and the community as a whole. Presently, this area is all envisioned for industrial development which would not allow for neighborhood serving businesses or general retail establishments. Given the growing and established neighborhoods in this area, not capitalizing on this opportunity to introduce these types of developments now, before it gets to be too late would be a mistake. These commercially-envisioned areas are located in highly visible areas and will allow for the highest and best uses of these properties without being a detriment to the function of the roadways, traffic patterns, and land use patterns now or in the future.
- 156. Attachments: Current VisionPlan Map of the area; Proposed Vision Plan Map of the area; Thoroughfare Plan map of the area; and Minute excerpt from April 15 Planning Commission. Presentation: Jeff Hintz, Interim Senior Planner
- 160. VII. Discussion andpossible action to amend portions of the Vision Plan Component of the 2009 update to the San Angelo Comprehensive Plan, specifically properties located south from the intersection of Grand Canal Road and US Highway 277, south to the City Limit Line, and properties located just east of the City Limits line, but outside the City Limits in southern San Angelo. Jeff Hintz, Interim Senior Planner came forward to present this request. Staff recommends approving amendments to the Vision Plan. He explained how the industrial uses could be buffered away from the area, and that industrial uses had already existed in the area. He showed a drainage area on the map and explained an intersection that was problematic, discussing how TXDot had already been apprised of accidents that had occurred there and was aware of the problem. Mr. Grimes questioned the neighborhood center section of the proposed amendment. Mr. Hintz explained that it would better serve the current neighborhood, however, the current proposal did not provide ease of accessibility and also that traffic problems could arise due to the intersection. The current Vision Plan shows the area as industrial. Luke Burnett spoke in favor of the Vision Plan amendment. He explained how he approached the City about buying a lot in the area; lot 17. He explained how he wanted to buy the property and fabricate steel buildings in the area, that the steel supplier was nearby, with easy access to the highways. He understood that a zone change could not be recommended by staff without it meshing with the Vision Plan. He explained what his intentions for the area is, which will be discussed in the upcoming case at this meeting (PD13-02: Luke Burnett). No opposition was presented. Mr. Grimes made a motion to approve the staff recommended changes, Mr. Smith seconded it. Motion passed unanimously, 6-0.
- 161. City of SanAngelo Memo Meeting Date: May 14, 2013 To: Planning Commission members From: Jeff Hintz, Interim Senior Planner Subject: PD 13-02 Luke Burnett, A request for approval of a zone change from Office Warehouse (OW) to Planned Development (PD) to specifically allow for manufacturing & production as defined in Section 316.B of the Zoning Ordinance on the following property: Location: 1245 Grand Canal Road, located approximately 500 feet east of the intersection of Grand Canal Road and Clarice Court. The property specifically occupies a proposed Second Replat of Sunset Ranch Estates, Section Two, Block Two, Lot 17B in southern San Angelo. Contacts: Luke Burnett, Business Owner 325-234-2698 Jeff Hintz, Interim Senior Planner 325-657-4210 Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo PD 13-02: Luke Burnett 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 WIT1245 Grand Canal Road, located approximately 500 feet east of the intersection of Grand Canal Road and Clarice Court. The property specifically occupies a proposed Second Replat of Sunset Ranch Estates, Section Two, Block Two, Lot 17B in southern San Angelo, changing the zoning classification from Office Warehouse (OW) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
- 162. 2 Summary: The CityCouncil may: (1) Approvethe proposed zone change; (2) Remand the application back to Planning Commission for further discussion, in which case another public hearing will need to be scheduled; or (3) Approve subject to modification of proposed conditions; or (4) deny the proposed zone change. Recommendation: Planning staff recommends approving the proposed zone change, subject to the Conditions listed in Sections 5-17 of the attached draft ordinance. At the April 15, 2013 meeting Planning Commission recommended approval of this request 6-0. History and Background: General Information Existing Zoning: Office Warehouse (OW) Existing Land Use: undeveloped, vacant property Surrounding Zoning/Land Use: North: CH Industrial service businesses West: RS-1 Single-Family Residences South: OW Undeveloped property East: CH Industrial service businesses Thoroughfares/Streets: Grand Canal Road is defined as a collector street and is designed to collect local street traffic carrying it to arterial streets at a moderate speed. Zoning History: Z 07-03 zoned the property to OW from Office Commercial (CO). This property was annexed into the City Limits on November 17, 1997.
- 163. 3 Development Standards: Allrequired off-street parking and the connection(s) to a public right-of-way are required to be paved. A front yard of 25 feet will be required, otherwise no other setbacks are required for this proposal. Other applicable development standards are included in the draft ordinance at the end of this report. Vision Plan Map: Neighborhood, proposed to be changed to Industrial through a Vision Plan Map Amendment. Comp Plan Excerpts: Goal Three from the Neighborhood Section of the 2009 Comprehensive Plan states that (the city should), "Improve relationship between adjacent commercial and residential land use adjacencies." One action step of this goal states that (the city should), " Require a buffer separating commercial, industrial, or agricultural zoned lands from neighborhoods. This buffer may be an intermediate “mixed-use” zone, a landscape buffer, or public right- of-way. Goal One from the Commercial Section of the 2009 Comprehensive Plan states that (the city should), "Establish transition areas between commercial areas and nearby neighborhoods." Industrial section goal one of the Comprehensive Plan is to "Organize Locally Undesirable Land Uses into clusters." The purpose of this goal is to: "Cluster potentially hazardous industries into a limited number (given the size of San Angelo) of larger, isolated areas will minimize negative effects on residential areas, while balancing access to these businesses within the region, rather than putting all of them into one location." Special Information Traffic Concerns: Changing the zoning from OW to PD is not expected to generate additional traffic or create problems in this area. Since OW zoning does not
- 164. 4 allow for onsitesales and this PD zoning would not either, the proposal also does not allow for traffic from the site to exit into the established neighborhoods immediately and further west of the property. Parking Requirements: See Section 11 of the attached draft ordinance. Parking Provided: No off-street parking is currently provided. Density: This area sees some lower density, high intensity development and medium density residential development. Notification Required: Yes Notifications Sent: 8 Responses in Favor: 1 Responses in Opposition: 2 Analysis: In order to approve this zone change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council. 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.
- 165. 5 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. Assuming the recommended amendment to the Vision Plan that has been proposed and accepted by both Planning Commission and City Council, staff finds the request to be consistent with the plans and policies of the city and consistent with the Zoning Ordinance. Whenever fabrication and production opportunities are introduced into an area, staff certainly has concerns for an established neighborhood that is roughly 350 feet to the west of the subject property. By buffering the intense uses away from the neighborhood, staff finds this will protect the neighborhood from the adverse effects that fabricating and production of buildings can create. Through the Planned Development zoning, more stringent restrictions have been placed on this property to ensure the protection of the neighborhood from these higher intensity uses that would normally be allowed within industrial envisioned areas. This proposal is consistent and compatible with the surrounding area. This node in the southern portion of San Angelo is home to several higher intensity businesses, but despite this higher intensity development in place there is also a newly developing neighborhood adjacent to several of these higher intensity developments. Given how the proposed lot has been drawn up, this higher intensity development will remain focused away from the developing neighborhoods to the west. Staff finds the proposal submitted by the applicant to be consistent with the development patterns and uses near the intersection of Grand Canal Road and US Highway 277. Since this corner of the existing lot 17 of the Sunset Ranch Estates subdivision is directly adjacent to properties zoned CH, introduction of another less intense land use may be less successful in this instance; for example housing or lighter intensity offices. In addition, this land use allowed specifically in the Planned Development will limit traffic into the exclusively residential properties and sizeable neighborhoods west, down Grand Canal Road. Other commercial zoning designations allow for land use opportunities that will likely generate much more traffic that what is allowed through this much more stringent Planned Development district. Since this is a gateway into an established major residential area, staff finds that completely screening outdoor storage is also a necessary component of this proposal so that the transition into the neighborhood is not as quick and abrupt as it is now. There are changed conditions that will require an amendment to the Vision Plan Map of the Comprehensive Plan. Currently this area calls for neighborhood development; the applicant has submitted a request for such an amendment and given the stark contrast
- 166. 6 of land usesallowed within neighborhood and industrial areas, staff does not recommend placing the two areas directly adjacent to one another. Staff does recommend industrial development for the proposed lot in the drafted configuration. That being said, with the proposed Vision Plan Amendment staff is recommending, this contrast would be addressed and the incompatibility in land uses in this area would be addressed while making for the highest and best use of this property and neighboring properties. This proposal will certainly have some effect on the natural environment given that the property currently sits vacant at this moment in time. By clustering higher intensity uses into nodes, the secondary and often unintended environmental impacts can also be clustered and not spread to other neighboring property owners. Since all outdoor storage will be required to be screened, staff finds that the potential impacts on the environment as a result of this development on the property will be confined to the subject property alone and not adjacent properties. The development patterns in this area currently create a juxtaposition of land uses and intensities that could lead to some problems in the future if not addressed at this moment in time. By clustering the higher intensity developments in the area away from the neighborhoods, the development patterns will be allowed to continue in a way that is sustainable for both industrial and residential developments alike. Since this accompanying ordinance is really crafted to allow the neighborhood to thrive and continue to be successful, staff believes a community need is also served. Introducing a Light Manufacturing zoning designation certainly would allow this proposal to move forward, but the cost to the neighborhood would be much too high; ML zoning allows for unscreened storage, waste related uses, and the processing of food, beverages, tobacco, and other drugs. These higher intensity uses would more than likely present a situation that is less than ideal for the neighborhood. The amount of traffic and adverse effects that could be created with ML zoning will surely be much more than what this Planned Development will allow for. This Planned Development district will solidify a node of higher intensity uses present near the intersection of Grand Canal Road and US Highway 277. By limiting the development to a specific set of related uses, the transition into the neighborhood can be eased and the stark contrast currently present can be lessened to some extent. Staff has found that this proposal will be the highest and best use of this property and as such, recommends approval of this Planned Development, subject to the conditions in the attached draft ordinance. Proposed Conditions
- 167. 7 Conditions of thePlanned Development are listed in the draft ordinance at the end of this report in sections 5 through 17. 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; excerpt from the comprehensive plan vision map highlighting the subject property; citizen responses and emails; draft minutes from April 15 Planning Commission; and draft ordinance with site plan. Presentation: Jeff Hintz, Interim Senior Planner
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- 185. A. PD 13-02:Luke Burnett A request for approval of a zone change from Office Warehouse (OW) to Planned Development (PD) to specifically allow for manufacturing & production as defined in Section 316.B of the Zoning Ordinance on the following property: 1245 Grand Canal Road, located approximately 500 feet east of the intersection of Grand Canal Road and Clarice Court. The property specifically occupies a proposed Second Replat of Sunset Ranch Estates, Section Two, Block Two, Lot 17B in southern San Angelo. Presented by Jeff Hintz, Interim Senior Planner. Mr. Hintz gave a brief history of the area back to annexation in 1997 and some of the history leading up to this date. Eight notices were sent for this request and one within the 200 feet was returned in favor, 2 were in opposition. Several other notices were also returned, but were outside the 200 foot notification area. Site photos of the area were shown and some other characteristics were pointed out. 2007 was a request, which was then office commercial, and the Commission decided to zone it OW instead, at staff’s recommendation. Staff recommends approval of the proposed zone change subject to conditions. Mr. Hintz recounted the area development with regard to both residential and industrial used. He stated that a DRC (an unofficial review) of the property was done between interested property owners and City Staff. Mr. Hintz discussed the conditions and rational behind them. He stated that a subdivision would have to take place before construction could begin. Ms. Jones questioned the limitation of traffic to the west away from the neighborhoods. Mr. Hintz reaffirmed that commercial use generated from the business, that the route would be to exit the property from the right, away from the neighborhood. Mr. Grimes questioned the width of Grand Canal Road. It is currently 10’ less in width than it should be, according to Mr. Hintz, and that an 18 wheeler would not be accommodated by this street width and turning radius. Screening was discussed, which is required anyway in an OW zone, which allows for unlimited outside storage. Mr. Grimes addressed possible noise issues. Mr. Hintz explained how the noise would be restricted to certain hours and that the City has a noise ordinance that can be enforced. Mr. Grimes asked if the hours could be decided upon by the Planning Commission. Mr. Grimes addressed property values in the area, and Mr. Hintz explained that the zoning ordinance seeks to protect values and given the isolation and strict conditions on this Planned Development proposals, that the values may be affected. Herb Hooker, SKG Engineering, he claimed that there were commercial activities in the area before the 2000 Vision Plan was in place. He explained how industrial development would be stopped from coming down from the north and recounted OW uses in terms of traffic flow. And uses, such as auto repair shops like a racecar body shop. A self-storage warehouse is proposed in lot which would make an ideal buffer, he maintained. Luke Burnett spoke in favor. Mr. Wynn asked him about the sign; that there would not be a large sign. Mr. Burnett said that signage isn’t a big issue for him;
- 186. that he mayput one on the building. He said that he would have the business name on the mailbox. Ms. Jones asked why Mr. Burnett wanted to locate there. He stated that the cost per acre was affordable, given the oilfield growth to the area, and that the area was in close proximity to the railroad, highways and also that the grade of the property was flat. Mrs. Jones was concerns how to get the vendors to travel the right way. Mr. Burnett explained that there would be no commercial uses and that signs would be in place directing vendors how to exit the property. Mr. Burnett explained that his business would consist of half of the buildings constructed at the site and then the rest finished on site of customer property. Mrs. Jones was concerned about the noise. Mr. Wynn commented that plan was well thought out. Carrie Beals lives in Sunset Estates got up to speak in favor of this proposal. Having spoken to Planner Hintz, she stated that earlier opposition has now changed to favorable, and happy that Mr. Burnett was sensitive in taking into consideration the neighborhood and that worse uses could go in there. David Holdsure, speaking in favor, and is related to the proponent, explaining that there isn’t much noise with the proposed manufacturing. He claimed that no signs were needed for his manufacturing business, which was similar to the proposed. He promised to make the neighborhood and Commission happy. Mr. Grimes asked if the City Council could add or subtract conditions, so Mr. Hintz said that they could. Mr. Smith made motion to approve the proposal with conditions, Mrs. Jones seconded. Passed unanimously, 6-0.
- 187. AN ORDINANCE AMENDINGCHAPTER 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 WIT1245 Grand Canal Road, located approximately 500 feet east of the intersection of Grand Canal Road and Clarice Court. The property specifically occupies a proposed Second Replat of Sunset Ranch Estates, Section Two, Block Two, Lot 17B in southern San Angelo, changing the zoning classification from Office Warehouse (OW) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY RE: PD 13-02: Luke Burnett 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: 1245 Grand Canal Road, located approximately 500 feet east of the intersection of Grand Canal Road and Clarice Court. The property specifically occupies a proposed Second Replat of Sunset Ranch Estates, Section Two, Block Two, Lot 17B in southern San Angelo shall henceforth be permanently zoned as follows: Planned Development (PD) District allowing for metal, wood, building materials processing, welding, and building fabrication with related accessory uses and storage. 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:
- 188. SEVERABILITY: The terms andprovisions 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: Except as otherwise specified or limited below, the use and development of the subject property shall generally conform to an Office Warehouse (OW) zoning district unless specified as otherwise within this ordinance. All activities shall be limited to those associated with metal, wood, building materials processing, welding, and building fabrication with related accessory uses and storage. SECTION 6: Overall site use shall be in accordance with the site plan shown as Exhibit A of this Ordinance. Changes to the usage of this property shall be approved through an amendment to this Planned Development District with approval from the Planning Commission and City Council. SECTION 7: Commercial traffic accessing this site shall not use Grand Canal Road to the west of this Planned Development as a route except in case of an emergency. Commercial traffic shall access the site east of this Planned Development on Grand Canal Road and use US Highway 277 at the primary access to and from the site. SECTION 8: The following uses are allowed on the subject property, and shall include: 1. Metal, wood, and building materials processing and welding. 2. Building fabrication. 3. Offices for the contractor/company engaged in the building fabrication and materials processing only. Other unrelated offices shall strictly be prohibited. 4. Storage of materials, and goods for use in processing, welding, and fabricating so long as the storage is screened as identified in Section 13 of this Ordinance. 5. Storage of completed buildings and structures so long as the storage is screened as identified in Section 13 of this Ordinance.
- 189. SECTION 9: Signageshall be allowed within this Planned Development District, provided it meets all of the following criteria: 1. On-site signage shall be limited to free-standing (specifically monument) types and wall signs only. Pole signage is expressly prohibited. 2. Internally illuminated signage is expressly prohibited. 3. Quantity of signage, area of signage, and placement of signage shall be as directed within the Sign Ordinance for the City of San Angelo. 4. Off-site signage is expressly prohibited. SECTION 10: Fabricating activities conducted outside of the building shown on Exhibit A of this ordinance shall cease by 8PM. Any fabrication or materials processing within the bounds of this Planned Development shall cease by 10PM. No fabrication or materials processing shall occur before 6AM. SECTION 11: Parking standards within this Planned Development District shall be as follows: 1. One (1) parking space shall be required for every 4 employees as outlined in Section 511.B of the Zoning Ordinance for warehouses and manufacturing plants. 2. 1 parking space per 300 square feet of office space shall be required as outlined in Section 511.B of the Zoning Ordinance. 3. Design standards for the parking spaces shall be in accordance with Section 511 of the Zoning Ordinance. Section 511.G of the Zoning Ordinance defines dimensions and maneuvering room. Section 511.F of the Zoning Ordinance defines the maintenance of parking facilities. 4. Under no circumstance shall any less than 2 off-street parking spots be provided as detailed in section 511.C.7 of the Zoning Ordinance. SECTION 12: Any lighting within this Planned Development shall be focused on the proposed lot 17B as indicated on Exhibit B of this ordinance, away from other commercial properties and residences. SECTION 13: Outdoor storage of materials, other goods, and unfinished buildings or structures manufactured on site shall be completely screened from view of Grand Canal Road and residentially zoned property(ies) or use(s) with an 8 foot opaque privacy fence. Finished buildings or structures shall be allowed limited visibility so long as they are placed entirely behind an 8 foot opaque privacy fence.
- 190. SECTION 14: Appealsof any determination made by the Planning Director regarding what constitutes metal, wood, building materials processing, welding, and building fabrication with related accessory uses and storage, shall be heard by the Zoning Board of Adjustment for the City of San Angelo. SECTION 15: Any on site sales of materials, goods, or prefabricated structures and buildings is expressly prohibited. SECTION 16: The compacted commercial base material indicated on the site plan in Exhibit A of this ordinance, shall be maintained in a way that dust and debris are not blown, drained, or transferred onto any neighboring property. SECTION 17: This Planned Development district shall not be added to the Official Zoning Map for the City of San Angelo, until the replat establishing Lot 17B, Block Two, in Section Two of the Sunset Ranch Estates is recorded with the Tom Green County Clerk in the exact configuration as shown in Exhibit B of this ordinance. INTRODUCED on the 14th day of May, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 21st day of May, 2013. THE CITY OF SAN ANGELO ____________________________________ Alvin New, Mayor ATTEST: ________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Interim Director of Lysia H. Bowling, City Attorney Development Services
- 191. Exhibit A, SitePlan
- 192. Exhibit B, proposedReplat of Property
- 193. 5/8/2013 1 City Council Meeting May14, 2013 High Pedestrian Bridge Repairs • City Staff recommends approving a change order with Templeton Construction, Inc. for the Concho River Improvement Project to repair the high pedestrianImprovement Project to repair the high pedestrian bridge (bridge just west of Abe St.) in the amount of $167, 128.00 from the River Project contingency funds and the City Self-Insurance fund and authorizing the City Manager to execute the change order.
- 194. 5/8/2013 2 High Pedestrian BridgeRepairs High Pedestrian Bridge Repairs
- 195. 5/8/2013 3 High Pedestrian BridgeRepairs • We looked at 2 options: replace or repair. • Replacement cost $210,948.00; repair cost $167 128 00$167,128.00. • Replacement warranty 10-year; repair 1-year on work. • Replacement lifespan 50 years; repair lifespan 50 years. • Replacement completion mid October; repair l t id S t breplacement mid September. High Pedestrian Bridge Repairs • Replacement, standard lumber with shorter lifespan; repair, option for hardwood lumber with 10-year longer lifespan.lifespan. • Replacement, require additional ramp work. • Replacement, possible impact on pylons. • Original bridge manufacturer no longer in business. • Staff is researching possible claim on original bridge installation insurance provider.
- 196. 5/8/2013 4 High Pedestrian BridgeRepairs High Pedestrian Bridge Repairs
- 197. City of SanAngelo Memo Date: To: Mayor and Council Members From: Carl White, Parks & Recreation Director Subject: Agenda Item for May 14, 2013 Council Meeting Contact: Carl White, 325-234-1724 Caption: Regular Agenda Item Consideration of approving Change Order #15 to include the repair of the pedestrian bridge west of Abe Street under the agreement with Templeton Construction Co., Inc., Construction Manger at Risk, for the Concho River & Parks Rehabilitation Project PK- 05-10 in the amount of $167,128.00, and requesting approval for said amount to be funded in equal parts by River Project contingency funds and the City Self-Insurance Fund; and authorizing the City Manager to execute said change order Summary: Staff recommends approval of a change order with Templeton Construction, Inc. for the Concho River Improvement Project to repair the high pedestrian bridge (the bridge just west of Abe St.) in the amount of $167,128.00 from the River Improvement Project contingency funds and the City Self-Insurance fund. During development of the River Improvement Project, contractors noted the deteriorated condition of several of the lateral supporting members of the high pedestrian bridge. Because these supporting elements were exposed to the elements and designed such that water could get inside the metal supports, oxidation occurred over time, jeopardizing the integrity of the bridge. We immediately closed the bridge upon discovery and have worked with an engineer to find a solution to repair it. We looked at two options: 1) replace the bridge or 2) repair the bridge. Considering all factors, we recommend repair. The cost for replacement would be $210,948.00, not counting additional work that would be required to make sure the ramps adequately meet the bridge and are compliant in terms of accessibility. Although a new bridge would carry a 10-year warranty (as opposed to 1-yr. warranty for repair work), the estimated life span of either option approaches 50 years. Following the route of repair vs. replacement ensures completion of the project by mid September as opposed to mid October. In addition, the repair route allows us to use hardwood lumber decking material with a 10-year longer use life than the lumber options on a new bridge. Finally, bridge repair doesn’t risk jeopardizing the integrity of the pylons that bridge replacement might. In summary, we believe that we will get a “like new” bridge following the repair route at a cheaper cost than replacement. The core structure of the bridge is in good shape and would remain intact. All
- 198. lateral and diagonalbracing below the bridge deck would be replaced. All wood decking and rails would be replaced and new cable rails would be added to address accessibility needs. At Council’s request, we looked for the original manufacturer of the bridge but they are no longer in business. We are in the process of researching any type of claim we might be able to file with the insurance company who provided coverage when the original bridge was installed. City Staff will present to City Council options for replacement or repair of the bridge. History: There is no history on this item. The bridge was installed in the early 1980’s and its design quickened deterioration of some of the supporting members that must be replaced if the bridge is to be available for public use. Financial Impact: Approving this item will require the expenditure of $167,128.00, shared from funds allocated to the River Improvement Project and the City Self-Insurance Fund. Related Vision Item (if applicable): N/A Other Information/ Recommendation: Staff recommends proceeding with repair of the bridge via a change order with Templeton Construction, Inc. Attachments: Change Order details from Templeton Construction, Inc. Presentation: PowerPoint Publication: N/A Reviewed by Director: Rick Weise, Assistant City Manager Approved by Legal: N/A
- 199. April 12, 2013 Mr.David Knapp City of San Angelo 702 S Chadbourne Suite 202 San Angelo, Texas 76903 Re: Concho River Improvements High Pedestrian Bridge – Repair / Replacement Dear David: Pursuant to the request to replace or repair and upgrade the High Pedestrian Bridge immediately west of South Abe Street please see our proposal as follows and as attached: Replacement Cost: (12 weeks prep time, 4 weeks installation) - Completely replace existing bridge in same style and material manufacture - Upgrade to Ipe wood decking is not available through bridge manufacturers - Includes welded wire mesh safety netting for modern code compliance. Subcontractor Costs $188,397.00 Templeton Costs 7,757.00 TCC 7% 13,794.00 Total 210,948.00 -or- Repair & Upgrade Cost: (4 weeks prep time, 9 weeks installation) - Repair and replace individual steel structural members per structural design documents prepared by Steinman Luevano Structures, LLP - Upgrade existing wood decking and side rails with Ipe Brazilian hardwood - Add steel cable safety rails in lieu of recommended welded wire mesh Subcontractor Costs $ 90,525.00 Templeton Costs 65,674.00 TCC 7% 10,929.00 Total 167,128.00 Please note that the costs to repair or replace the bridge on existing ramps do not include any work associated with re-grading or re-constructing those ramps to comply with ADA or TAS accessibility standards. Such work would require engaging a civil engineer to perform additional site survey and preparation of civil design documents. Thank you. Sincerely, Gary McClure
- 200. Distribution: Owner (x) Architect (x ) CHANGE Contractor (x ) ORDER Field (x ) AIA DOCUMENT G701 Other ( ) ________________________________________________________________________________ _____________ PROJECT: Concho River & Parks Rehabilitation CHANGE ORDER NUMBER: 15 Project PK-05-10 INITIATION DATE: April 16, 2013 To: Templeton Construction Co., Inc ARCHITECTS PROJECT NO. 111811 CONTRACT FOR: Concho River & Parks Rehab CONTRACT DATE: 2 November 2010 You are directed to make to make the following change in this Contract: 1. Perform Repair and Upgrade to the High Pedestrian Bridge as outlined in TCC letter Dated April 12, 2013. Templeton will be working as a subcontractor on its portion of the work. Assuming work is authorized to proceed on or before May 10, 2013. ALL OTHER CONTRACT TERMS AND CONDITIONS REMAIN UNCHANGED. _____________________________________________________________________ Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) (Guaranteed Maximum Cost) was: $ 9,300,000.00 Net Change by previously authorized Change Orders: $ 653,304.34 The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was: $ 9,953,304.34 The Contract Sum (Guaranteed Maximum Cost) will be increased by this Change Order $ 167,128.00 The new (Guaranteed Maximum Cost) including this Change Order will be $ 10,120,432.34 The Contract Time will be changed_35 days____ The Date of Substantial Completion as of the date of this Change Order therefore, is: September 12, 2013 AUTHORIZED: Kinney Franke Architects Templeton Construction City of San Angelo ARCHITECT CONTRACTOR OWNER 528 Orient, San Angelo PO Box 3405, San Angelo 702 S Chadbourne, San Angelo Address Address Address Craig Kinney Gary McClure, Its President Daniel Valenzuela, City Manager By By By _____ Date: Date: Date:
- 201. City of SanAngelo Memo Date: To: Mayor and Councilmembers From: Carl White, Parks & Recreation Director Subject: Agenda Item for May 14, 2013 Council Meeting Contact: Carl White, 325-234-1724 Caption: Regular Agenda Item Discussion and any action in connection thereto regarding the establishment and watering of new landscapes for recent capital improvement projects: River, Rio Vista, Love Municipal Pool and City Hall plaza. Summary: Drought level II does not allow for new landscapes (turf, shrubs, trees and perennials) to be established by watering. See highlighted excerpts from the attached Code of Ordinances for Drought Level II and newly planted landscapes: Staff recommends that we do not proceed with establishing new landscapes at these projects by watering, due to the drought contingency level. If Council prefers that we do proceed with plantings, we’ll follow with the appropriate variance requests as permitted by existing ordinances. If plantings do proceed, they would occur during late May through June and would need to be watered with some frequency to get them established and sustained. We would plant drought tolerant plants at all locations. History: There is no history on this item outside of the discussion and approval of proceeding with the projects themselves which have been separately discussed. Financial Impact: There is no new financial impact from previously discussed and approved projects. Related Vision Item (if applicable): N/A Other Information/ Recommendation: Some members of the San Angelo Development Corporation expressed the desire to proceed with all landscaping plans and plantings for the River project at their December 12, 2012 meeting. Attachments: Code of Ordinances, Sec. 11.202 Water Conservation Measures Presentation: PowerPoint Publication: N/A Reviewed by Rick Weise, Assistant City Manager
- 202.
- 203. AN ORDINANCE AMENDINGCHAPTER 11, ARTICLE 11.200 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY REPEALING ARTICLE 11.200 IN ITS ENTIRETY, AND ADOPTING A NEW ARTICLE 11.200, PROVIDING FOR A DROUGHT CONTINGENCY PLAN, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY OF SAN ANGELO: 1) THAT, Chapter 11, Article 11.200 of the Code of Ordinances of the City of San Angelo, Texas is hereby repealed in its entirety and replaced with the following: Sec. 11.201 Purpose The purpose of the water conservation and drought contingency plan is to encourage water conservation at all times and to establish a procedure for identifying, classifying and handling a water supply and/or a water demand emergency effectively and efficiently. Sec. 11.202 Water Conservation Measures The city will utilize the following strategies to encourage, promote and require citizens to conserve water at all times. (1) Conservation Plan. The “City of San Angelo Water Conservation Plan,” dated March 2, 2009, which is on file in the office of the city clerk, and available for public inspection, is adopted and incorporated herein. (A) Implementation. The director of water utilities will act as the administrator of the water conservation plan. The administrator will oversee the execution and implementation of all elements of the program and will be responsible for supervising the promulgation and retention of records for program verification. (2) Plumbing Code. The city plumbing code has provision for water conserving plumbing devices. The city will enforce the requirements of the code to ensure the use of water saving devices. (3) Universal Metering. All users of municipal treated water, except for fire sprinkler lines, will be metered.
- 204. (4) Water SupplyMeters. The city metering devices will record water use with an accuracy of plus or minus 5.0% in order to measure and account for the amount of raw water diverted from the source of supply. (5) Restaurants. Restaurants shall not serve water to their customers except when specifically requested by the customer. (6) Waste of Water. As defined below shall be prohibited. (A) Allowing treated or raw city water, greywater, reclaimed water or well water to run off property to a gutter, street, alley, ditch or drainage facility and drain for more than 150 feet downgrade of the point of entry into such gutter, street, alley, ditch or drainage facility. (B) Failure to repair a controllable leak. (7) Prohibited Watering Hours. The use of treated or raw city water, greywater or reclaimed water for watering lawns, gardens, landscape areas, trees, golf courses, shrubs or other plants being grown outdoors (not in a nursery) shall be prohibited between the hours of 12:00 noon and 6:00 p.m. daily from April 1 through October 31. (8) Watering Frequency. The use of treated or raw city water, greywater or reclaimed water for watering lawns, landscape areas, trees, gardens, golf courses (except greens), shrubs or other plants being grown outdoors (not in a nursery) shall be allowed at a frequency of twice every seven days during the period of April 1 through October 31 and once every seven days during the period of November 1 through March 31. Golf course greens may be watered once per day year round. (9) New Landscape. Watering of newly seeded or sodded lawns or newly planted trees, shrubs or landscape plants will be allowed at the following frequency provided written notification is given to the city code compliance division or water conservation division of the watering schedule: (A) Days 1-14 from planting; three times per day every day of such period at any time of day. (B) Days 15-28 from planting; twice per day every day of such period at any time of day. (10) Allowable Application Rates. The maximum amount of treated or raw city water, greywater or reclaimed water applied to established
- 205. lawns, landscape plants,golf courses (except greens) or shrubs shall not exceed 1 inch per week. (11) Drip Irrigation. Landscape watering with a drip irrigation system shall be permitted on any day and at any time of day provided that the total amount of water applied shall not exceed 1 inch per week. For the purpose of this article, drip irrigation shall mean a water saving irrigation system that uses buried drip pipe or tape. (12) Excessive Usage of Water. Excessive usage of water as defined below shall be prohibited and shall be a violation of the water conservation and drought contingency plan: (A) Any use of water by a customer in excess of the maximum allowable application rates under Section 11.202(10). (B) Usage of water in amounts such that an “Excessive Usage Fee” as set out in this article is assessed. (13) Excessive Usage Fee: A fee shall be charged for excessive water usage in the amounts set forth below. This fee shall be in addition to the standard fee charged for water usage. (A) For single-family residential accounts, an additional fee of $1.50 per 1,000 gallons shall be charged for all usage from 40,000 thru 49,000 gallons during a billing period, an additional fee of $2.50 per 1,000 gallons shall be charged for all usage from 50,000 thru 59,000 gallons during a billing period, and an additional fee of $5.00 per 1,000 gallons shall be charged for all usage over 59,000 gallons during a billing period. Usage on a single-family residential account shall be the total usage at the address which is determined by adding together the usage on the meter supplying the residence and the usage on the meter(s) supplying water to the landscape watering system. (B) For all landscape meters, except those at single family residences, schools, colleges, parks, cemeteries, golf courses or athletic facilities, an additional fee of $1.50 per 1,000 gallons shall be charged for all usage from 90,000 thru 109,000 gallons during a billing period, an additional fee of $2.50 per 1,000 gallons shall be charged for all usage from 110,000 thru 129,000 gallons during a billing period, and an additional fee of $5.00 per 1,000 gallons shall be charged for all usage over 129,000 gallons during a billing period. (14) Contracts with Other Political Subdivisions, Water Supply Corporations or Water Suppliers. Any political subdivision, water
- 206. supply corporation, orwater supplier that contracts with the city for the purchase of water shall adopt applicable provisions of the city’s water conservation and drought contingency plan. Contracts for the sale of water that are already in effect will be revised to reflect the applicable provisions of the city’s most current water conservation and drought contingency plan when the contracts are renewed or extended. To the extent of the city’s legal authority, the city shall require the city’s wholesale customers to issue a public notice advising their water customers of required drought management measures declared in the city as follows in Section 11.203. (A) In the event that the triggering criteria specified in Section 11.203(f) of the Plan for Water Supply Stage – Drought Level III – have been met, the city manager is hereby authorized to initiate allocation of water supplies on a pro rata basis in accordance with Texas Water Code Section 11.039 and according to the following water allocation policies and procedures. (B) A wholesale customer’s monthly allocation shall be a percentage of the customer’s water usage baseline. The percentage will be set by resolution of the San Angelo City Council based on the administrator’s assessment of the severity of the water shortage condition and the need to curtail water diversions and/or deliveries and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each wholesale customer shall be limited to the allocation established for each month. (C) Upon initiation of pro rata water allocation, water utility director shall provide notice, by certified mail, to each wholesale customer informing them of their monthly water usage allocations and shall notify the news media and the executive director of the Texas Commission on Environmental Quality. (15) Water Demand Emergency. In the event the quantity of water usage from the city’s water distribution system reaches a level that exceeds the amount which may be treated or safely delivered through the system, the water utilities director shall notify the city manager and the city council of such an occurrence. The city council shall be authorized to limit the use of water by passage of a resolution outlining such limitations which shall remain in effect until the water demand emergency can be met. Upon initiation of a water demand emergency, the water utility director shall provide notice, by certified mail, to the executive director of the Texas Commission on Environmental Quality and shall notify the news media.
- 207. (16) Water SupplyEmergency. In the event of a water system failure or emergency (i.e. pressure zone deficiencies, chemical spills, broken water mains, power outages, failures of storage tanks or other equipment, treatment plant breakdown and/or water contamination) which limits the amount of water which may be treated or safely delivered through the system, the water utilities director shall notify the city manager and city council of such occurrence. The city council shall be authorized to limit the use of water by passage of a resolution outlining such limitations which shall remain in effect until the water supply emergency can be met. Upon initiation of a water supply emergency, the water utility director shall provide notice, by certified mail, to the executive director of the Texas Commission on Environmental Quality and shall notify the news media. (17) Public Information. The water utilities director will provide regular public education and information about the importance of year- round water efficiency as delineated in the plan, and will provide general information about water supply conditions and drought plan provisions on at least an annual basis. The purpose of this effort shall be to keep the citizenry informed about the drought and conservation plans and their importance to the city’s water supply. Sec. 11.203 Drought Stages and Water Management Measures (a) Water Supply Sources. The city has several water supply sources that it can draw upon to meet its needs. Local surface water sources include Lake Nasworthy, Twin Buttes Reservoir, O.C. Fisher Reservoir and the South Concho River. Nonlocal surface water supplies are available to the city from O.H. Ivie Reservoir and Spence Reservoir. The city has a groundwater source in the Hickory Aquifer. When local reservoirs are full, the city’s primary water supply will be from these reservoirs along with nonlocal or groundwater sources as needed. When local reservoirs are below full but above drought trigger points, the local sources may be utilized along with water brought in from nonlocal sources or groundwater sources. During drought conditions, the primary source of supply will be nonlocal sources, subject to the maximum amount available from each source, with the remaining amount of water coming from the local sources or groundwater sources that the city may develop. (b) Drought Trigger Point. Whenever the total amount of water available to the city falls below the minimum criteria established for each water supply stage level, the city shall be deemed to have entered a drought stage for management of its water supplies. The water utilities director shall notify the city manager and city council upon entering the threshold of a drought stage. The council shall implement each stage by resolution. A notice of such resolution shall be published one time in the local newspaper. The
- 208. criteria for eachstage and the water management measures which shall be enforced are as follows in subsections (d) to (f). (c) Public Information. The water utilities director will provide reports to the news media with information regarding current water supply conditions, projected water supply and demand conditions if the current drought conditions continue, and consumer information on water conservation measures and practices. Information describing each water supply stage trigger point and drought level restrictions on water use shall be prepared and published on the city’s website. (d) Water Supply Stage – Drought Level I. (1) The minimum criteria for this drought stage shall be the following. The total amount of water available, as determined by the water utilities director, to the city from its developed water sources is less than a 24-month supply. (2) In addition to the conservation measures stated in Section 11.202 of this article, the following additional water conservation measures shall be in force during Water Supply Stage – Drought Level I. (A) The use of treated or raw city water for watering lawns, gardens, landscape areas, trees, shrubs, golf courses (except greens) or other plants being grown outdoors (not in a nursery) shall be prohibited at all times provided however a person may do such watering which shall be twice every seven days during the period of April 1 through October 31 and once every 14 days during the period of November 1 through March 31 except during the “prohibited watering hours” as stated in Section 11.202. (B) Golf courses greens may be watered daily except during the “prohibited watering hours” as stated in Section 11.202. (C) Watering of “new landscape” shall be allowed in accordance with the provisions as stated in Section 11.202 for “new landscape.” (3) A fee shall be charged for water usage in the amounts as set forth below. This fee shall be in addition to the standard fee charged for water usage and shall be in lieu of the “excessive usage fee” as defined in Section 11.202.
- 209. (A) For single-familyresidential accounts, an additional fee of $2.00 per 1,000 gallons shall be charged for all usage from 25,000 thru 34,000 gallons during a billing period, an additional fee of $3.50 per 1,000 gallons shall be charged for all usage from 35,000 thru 44,000 gallons during a billing period, and an additional fee of $6.00 per 1,000 gallons shall be charged for all usage over 44,000 gallons during a billing period. Usage on a single-family residential account shall be the total usage at the address which is determined by adding together the usage on the meter supplying the residence and the usage on the meter(s) supplying water to the landscape watering system. (B) For all landscape meters, except those at single family residences, schools, colleges, parks, cemeteries, golf courses or athletic facilities; an additional fee of $2.00 per 1,000 gallons shall be charged for all usage from 75,000 thru 94,000 gallons during a billing period, an additional fee of $3.50 per 1,000 gallons shall be charged for all usage from 95,000 thru 114,000 gallons during a billing period, and an additional fee of $6.00 per 1,000 gallons shall be charged for all usage over 114,000 gallons during a billing period. (e) Water Supply Stage – Drought Level II. (1) The minimum criteria for this drought stage shall be the following. The total amount of water available, as determined by the water utilities director, to the city from its developed water sources is less than an 18-month supply. (2) In addition to the conservation measures stated in Section 11.202 of this article, the following additional water conservation measures shall be in force during Water Supply Stage – Drought Level II. (A) The use of treated or raw city water for watering lawns, gardens, landscape areas, trees, shrubs, golf courses (except greens) or other plants being grown outdoors (not in a nursery) shall be prohibited at all times provided however a person may do such watering which shall be once every seven days during the period of April 1 through October 31 and once every 14 days during the period of November 1 through March 31 except during the “prohibited watering hours” as stated in Section 11.202. (B) Golf courses greens may be watered daily except during the “prohibited watering hours” as stated in Section 11.202.
- 210. (C) Watering of“new landscape” shall not be allowed as stated in Section 11.202 for “new landscape.” (3) A fee shall be charged for water usage in the amounts as set forth below. This fee shall be in addition to the standard fee charged for water usage and in lieu of the water usage fee set out in Section 11.203(d)(3) the “excessive usage fee” as defined in Section 11.202. (A) For single-family residential accounts, an additional fee of $3.50 per 1,000 gallons shall be charged for all usage from 10,000 thru 19,000 gallons during a billing period, an additional fee of $5.00 per 1,000 gallons shall be charged for all usage from 20,000 thru 29,000 gallons during a billing period, and an additional fee of $8.00 per 1,000 gallons shall be charged for all usage over 29,000 gallons during a billing period. Usage on a single-family residential account shall be the total usage at the address which is determined by adding together the usage on the meter supplying the residence and the usage on the meter(s) supplying water to the landscape watering system. (B) For all landscape meters except those at single family residences, an additional fee of $3.50 per 1,000 gallons shall be charged for all usage from 60,000 thru 79,000 gallons during a billing period, an additional fee of $5.00 per 1,000 gallons shall be charged for all usage from 80,000 thru 99,000 gallons during a billing period, and an additional fee of $8.00` per 1,000 gallons shall be charged for all usage over 99,000 gallons during a billing period. (f) Water Supply Stage – Drought Level III. (1) The minimum criteria for this drought stage shall be the following. The total amount of water available, as determined by the water utilities director, to the city from its developed water sources is less than a 12-month supply. (2) In addition to the water conservation measures stated in Section 11.202 of this article, the following water conservation measures shall be in force during Water Supply Stage - Drought Level III. (A) The use of treated or raw city water for watering of lawns, gardens, landscape areas, trees, golf courses (including greens), shrubs or other plants being grown outdoors is prohibited.
- 211. (B) The useof treated or raw city water to fill, refill or maintain the level of any fountain or swimming pool is prohibited. (C) Washing of automobiles, trucks, trailers, boats, or other types of vehicles or mobile equipment is prohibited except if the health, safety and welfare of the public is contingent upon vehicle cleaning, as determined by the director of city health services; then the washing of such vehicles shall be allowed. (3) A fee shall be charged for water usage in the amounts as set forth below. This fee shall be in addition to the standard fee charged for water usage and shall be in lieu of the water usage fee set out in Sections 11.203(d)(3) and 11.203(e)(3) and the “excessive usage fee” as defined in Section 11.202. (A) For single-family residential accounts, an additional fee of $6.00 per 1,000 gallons shall be charged for all usage over 10,000 gallons during a billing period. (B) For apartment unit accounts, an additional fee of $5.00 per 1,000 gallons shall be charged for all usage over an amount equal to the number of units in the apartment times 3,000 gallons during a billing period. (C) For all other water users, an additional fee of $2.50 per 1,000 gallons shall be charged for all usage. Sec. 11.204 Exception and Variance (a) Exceptions. There shall be an exception to the prohibitions of this article regarding watering restrictions, as follows: (1) Use of water for installing, testing and repairing sprinkler systems. (2) Watering frequency and schedules for public parks, athletic facilities, schools, colleges and cemeteries shall be as approved by the City Council. (b) Variance. (1) A person desiring an exemption from any provision of this article shall file a petition for variance with the city manager. All petitions for variances shall be reviewed and acted upon by the city council. The petition shall include at a minimum the following information: (A) Name and address of the petitioner(s).
- 212. (B) Purpose andestimated amount of water use. (C) Specific provision(s) of the article from which the petitioner is requesting an exemption. (D) Detailed statement as to how the specific provision of the article adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this article. (E) Description of the relief requested. (F) Period of time for which the variance is sought. (G) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this article and the effective date of such other measures. (H) Other pertinent information. (I) Statement that petitioner has not within the last six months intentionally violated the current ordinance for which a variance is sought or, if such violations have occurred, a statement setting out all reasons why such ordinance was violated. (2) The city council may grant a variance from the requirements of this article after determining that because of special circumstances applicable to the applicant, compliance with this article: (A) Cannot be technically accomplished during the expected duration of the water supply shortage or other condition for which the article is in effect; or (B) Will cause undue hardship on a program or service offered by a public entity; or (C) Substantially threatens the applicant’s primary source of income. (3) Additionally, the city council may grant a variance from the requirements of this article if it determines that the applicant can implement alternative water use restrictions which meet or exceed the intent of this article. The city council shall approve specific alternative water use restrictions. (4) Any variance granted by the city council may be revoked after a determination by the city council that revocation is necessary for the
- 213. public health andsafety or upon a finding that the holder of a variance allowing alternative water use restrictions has not complied with such alternative restrictions. Sec. 11.205 Implementation and Service Restrictions (a) Implementation: (1) The water utilities director for the city will act as the administrator of the water conservation drought contingency plan. The administrator will oversee the execution and implementation of all elements of the program. The administrator will be responsible for supervising the promulgation and retention of adequate records for program verification. (2) The water conservation plan will be maintained for the duration of the city’s financial obligation to the state under the State Revolving Loan Fund program. (b) Contracts With Other Political Subdivisions, Water Supply Corporations or Water Suppliers: Any political subdivision, water supply corporation, or water supplier that contracts with the city for the purchase of water shall adopt applicable provisions of the city’s water conservation and drought contingency plan. Contracts for the sale of water that are already in effect will be revised to reflect the applicable provisions of the city’s most current water conservation and drought contingency plan when the contracts are renewed. (c) Service Restrictions: The water conservation and drought contingency plan shall be enforced by the following service restrictions: (1) Water service taps will not be provided to customers not meeting the plan requirements. (2) The inclining block water rate structure should encourage retrofitting of old plumbing fixtures which use large quantities of water. (3) Customers who do not pay their water bills shall be subject to discontinuance or disconnection of service. (4) The building inspection department will not certify new construction which fails to meet the plan requirements. Sec. 11.206 Enforcement (a) Violations of any provisions of the water conservation and drought contingency plan may be enforced as follows:
- 214. (1) First violation.Any person or entity as defined under this Chapter may be given a verbal or written warning. (2) Second and subsequent violations. (i) Violation of any provision of the water conservation and drought contingency plan constitutes a Class C misdemeanor offense for which a citation may be issued. (ii) Second and subsequent violations shall be punishable by a maximum fine of up to two thousand dollars ($2,000.00) per day per violation as provided by Article 1.100, Section 1.106 of the Code of Ordinances of the City of San Angelo. (iii) Proof of a culpable mental state is not required for a conviction of an offense under this section. Each day any person or entity fails to comply with the water conservation and drought contingency plan is a separate violation. (3) Third and subsequent violations. For third and subsequent violations of the water conservation and drought contingency plan, the water utilities director shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur. Services discontinued or disconnected under such circumstances shall be restored only upon payment of charges as provided for in Chapter 11, Article 11.300. (4) Compliance with any provision of the water conservation and drought contingency plan may be enforced by civil court action as provided by state and federal law. 2) THAT, the following severability clause is adopted with this amendment: SEVERABILITY: That the terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance. 3) THAT, 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
- 215. Section 1.106 ofthis Code. Each day of such violation shall constitute a separate offense. 4) THAT, this Ordinance shall be effective on, from and after the 1st day of March 2012. INTRODUCED on the day of , 2012, and finally PASSED, APPROVED and ADOPTED on this the day of , 2012. CITY OF SAN ANGELO, TEXAS ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: Will Wilde Lysia H. Bowling Water Utilities Director City Attorney
- 216. 5/8/2013 1 City Council Meeting May14, 2013 Project Landscaping and Watering • Drought Level II does not allow for the watering of new landscapes, other than once a week (until Nov. 1). • City Staff is recommending that we not proceed with• City Staff is recommending that we not proceed with the establishment of new landscapes at the recent development projects: • Rio Vista Park • River Corridor • Love Municipal Pool• Love Municipal Pool • City Hall Plaza
- 217. 5/8/2013 2 Project Landscaping andWatering • Staff will take measures to ensure the safety of the grounds as well as an acceptable appearance. • Staff will also apply hydro mulch to larger open ground• Staff will also apply hydro-mulch to larger open ground areas with little turf coverage to mitigate impacts from erosion (wind and foot traffic). • In some areas, there is a fair amount of turf coverage that will survive with the allowable frequencies and amounts of watering in DSIIamounts of watering in DSII. Rio Vista Project Landscaping
- 218. 5/8/2013 3 Rio Vista ProjectLandscaping Love Municipal Pool Landscaping
- 219. 5/8/2013 4 Love Municipal PoolLandscaping Love Municipal Pool Landscaping
- 220. 5/8/2013 5 Love Municipal PoolLandscaping River Project Landscaping
- 221. 5/8/2013 6 River Project Landscaping RiverProject Landscaping
- 222. 5/8/2013 7 River Project Landscaping RiverProject Landscaping
- 223. 5/8/2013 8 City Hall PlazaLandscaping City Hall Plaza Landscaping
- 224. 5/8/2013 9 City Hall PlazaLandscaping
- 225. City of SanAngelo Memo Date: May 10, 2013 To: Mayor and Council Members From: Morgan Chegwidden, Budget Manager Subject: Agenda Item for 5-14-13 Council Meeting Contact: Morgan Chegwidden, 653-6291 Caption: Regular Item Discussion and any action in connection thereto of the fiscal year 2012-2013 budget as it relates to: a) Cash flow available for General Capital Projects, b) Revenues in excess of expenditures, and c) Ambulance fees. Summary: There are three outstanding items from the current 2012-2013 budget that were scheduled to be discussed later after the budget was adopted. Staff will present details on: a) Cash flow available for General Capital Projects It is necessary at this time to discuss allocating the $1,756,529 cash on hand for street reconstruction, storm water drainage remediation, etc. b) Revenues in excess of expenditures City Council requested the General Fund’s revenues in excess of expenditures be discussed mid-year. Staff will present detail on available funds. c) Ambulance fees At this time it is necessary to discuss utilizing these funds for immediate fire and ambulance needs. History: The City Council adopted the 2012-2013 budget with direction to staff to review the stated items and bring back for discussion mid-year. a) Cash flow available for General Capital Projects In 2011 the City started an annual plan to set aside over $1,000,000 for capital projects. This is cash on hand available for street reconstruction, storm water drainage remediation, etc. While these funds are budgeted in the current year, specific 2012-2013 projects have not yet been approved by City Council. b) Revenues in excess of expenditures On August 21, 2012 City Council discussed and on September 4, 2012 the City Council adopted the 2012-2013 budget. The budget had General Fund revenues in excess of expenditures by $618,267. Discussion was had about potentially using this excess to subsidize the Water Fund with General Fund monies should the drought worsen.
- 226. c) Ambulance fees OnOctober 16, 2012 City Council authorized the increase to ambulance service fees. Staff presented options on how to utilize this revenue for equipment, vehicles, buildings, and other fire and ambulance needs. Allocation of the funds was postponed. Financial Impact: a) Cash flow available for General Capital Projects No budgetary impact. $1,756,529 is already budgeted and available for assignment to eligible projects. b) Revenues in excess of expenditures Any action or use of these funds would decrease the General Fund – Fund Balance by the stated amount. c) Ambulance fees Early trend data indicates $380,000 in new revenue this fiscal year. This revenue and any related expense is not budgeted and would require an amendment to the budget ordinance. Pending today’s direction from City Council, an amendment will be presented May 21, 2013. Related Vision Item (if applicable): Financial Vision Other Information/ Recommendation: Staff recommends a) Cash flow available for General Capital Projects $1,756,529 be allocated to complete the Ave P drainage remediation and mill & overlay projects b) Revenues in excess of expenditures No action c) Ambulance fees Use of the revenue for software, fire truck replacement, and fire training center debt service. Attachments: N/A Presentation: PowerPoint Publication: No Reviewed by Director: Michael Dane Approved by Legal: N/A
- 227. August 21, 2012City Council Minutes
- 228. September 4, 2012City Council Minutes
- 229. October 16, 2012City Council Minutes
- 230. 5/8/2013 1 Fiscal Year 2012-2013 BudgetDiscussion May 14, 2013 FY2012-2013 Capital a) Cash flow available for General Capital Projects
- 231. 5/8/2013 2 FY2012-2013 Capital • GeneralCapital Projects Fund • $1,756,529 budgeted A il bl f• Available for: • Street Reconstruction • Drainage remediation • Fire truck • Other capital needsp FY2012-2013 Capital • Engineering staff recommendation
- 232. 5/8/2013 3 FY2012-2013 Capital • AvenueP Street & Drainage Improvements • Low bid: $ 2,593,270.54 • Currently approved: $ 1 800 000 00• Currently approved: $ 1,800,000.00 ($755,000 is carryover from FY 2012-2013) • Difference: $ 793,270.54 • Requested: $ 640,000.00 FY2012-2013 Capital • Avenue P Street & Drainage Improvements • Concrete box culvert under W Avenue P from S Bryant Blvd to S Chadbourne StS Bryant Blvd to S Chadbourne St • Collects runoff from almost 400 acres • Knickerbocker Rd – Jackson St – Avenue N – Bryant Blvd • Expected to contain the 5-year storm event underground
- 233. 5/8/2013 4 FY2012-2013 Capital • Historyof San Angelo Storm Events • Number of Days that Rainfall in San Angelo has Met or Exceeded a Given Storm Event:Exceeded a Given Storm Event: Event Since 1950 Since 1907 2-Year 32 57 5-Year 7 14 10-Year 3 8 25-Year 1 3 50 Y 1 3 Source: National Weather Service preliminary numbers; measurements taken at San Angelo Regional Airport 50-Year 1 3 100-Year 0 2 FY2012-2013 Capital • 2013 Mill & Overlay Project • Low bid: $ 1,319,556.23 • Currently approved: $ 1 000 000 00• Currently approved: $ 1,000,000.00 (carryover from FY 2012-2013) • Difference: $ 319,556.23 • Requested: $ 320,000.00
- 234. 5/8/2013 5 FY2012-2013 Capital • 2013Mill & Overlay Project • Main St. from Houston Harte to 18th St. • 14th St from Main St to Chadbourne St• 14th St. from Main St. to Chadbourne St. • 19th St. from Bryant Blvd. west to railroad • Oakes St. from 11th St. to 14th St. FY2012-2013 Revenues Over Expenditures b) Revenues in excess of expenditures
- 235. 5/8/2013 6 FY2012-2013 Revenues OverExpenditures • Adopted revenues in excess of expenditures • Contingency in the event funds were needed for water supplywater supply • LESS delayed implementation of increased user fees Original Rev Over Exp $618,267 LESS (297,252) Remaining Rev Over Exp Available 321,015 FY2012-2013 Ambulance Fees c) Ambulance fees
- 236. 5/8/2013 7 FY2012-2013 Ambulance Fees •Adopted but not budgeted pending City Council direction for use • Needs• Needs 1. Training Center 2. 2 ambulances per year 3. Updated software 4. Fire truck 5. Salaries FY2012-2013 Ambulance Fees • Current fiscal year trend indicates $380,000 new revenue available • Ongoing revenue stream• Ongoing revenue stream • Do we want to dedicate/reinvest? • Or do we want it free for any use?
- 237. 5/8/2013 8 FY2012-2013 Ambulance Fees •Staff recommendation • Year 1 (partial year) S ft $180 000• Software $180,000 • Fire truck $200,000 • Year 2 • Training Center debt $170,000 • Fire Truck $310,000, • Year 3 • Training Center debt $170,000 • Fire Truck $310,000 FY2012-2013 Ambulance Fees • Remaining outstanding needs Training Center 2 b l *• 2 ambulances per year* Updated software Fire truck • Salaries
- 238. City of SanAngelo Memo Date: April 30, 2013 To: Mayor and Council Members From: Shane Kelton, Director of Operations Subject: Agenda Item for 5-14-13 Council Meeting Contact: Shane Kelton, Operations, 657-4206 Caption: Regular Consideration of approving a request for permit for the collection, removal, transport and disposal of garbage, trash and debris within the San Angelo city limits in accordance with Section 11.403 of the San Angelo Code of Ordinances for the following companies: 1) Texas Disposal Systems, Inc.; 2) TxAlloy, Inc. DBA Acme Iron & Metal Co.; 3) Briley Services. Summary: City Staff has received three applications for permits for the collection, removal, transport and disposal of garbage, trash and debris within the city limits of San Angelo. This permitting request is allowable by ordinance and is at the discretion of City Council. However, the City currently has a contract and franchise agreement in place with Republic Services to provide the aforementioned services and that contract grants Republic Services exclusive right to provide these services with few exceptions. Exceptions include: 1) Commercial, institutional and industrial businesses may, by obtaining a permit pursuant to City Ordinance, haul their own garbage trash and debris; 2) Contractor shall not be required to pick up and/or dispose of any type of medical waste, liquid waste, automotive tires, oil filters, lead acid batteries, petroleum products and by-products and/or explosive material; 3) Recycling services. Over the last thirteen to fourteen years there have been several changes made to the Texas Health and Safety Code in regards to garbage collection services. These changes have caused some confusion as to the ability of a municipality to be able to enforce its grant of a franchise for solid waste collection and transportation services within its territory. The attachment titled “Solid Waste Franchises: Still Enforceable?” provides a summarized version of the past problems encountered in the Texas Health and Safety Code and dispels any question about municipalities and their abilities to enforce its grant of a franchise for these services. This document also addresses the question of exclusive contracts to provide temporary solid waste disposal services to a construction project within a municipality. It does clarify that a municipality may franchise and grant exclusivity to a contract provider for such services. Based on the City’s current contractual obligations, the issuance of a permit to the three applicants would have to be limited to only transporting and disposing of garbage, trash and debris within the city limits of San Angelo. This would allow the three applicants to provide commercial waste services outside the city limits of San Angelo and then utilize the City’s landfill
- 239. to dispose ofthe waste. These three applicants should also be limited to only providing these services to the contiguous counties of Tom Green County. At Councils discretion, disposal rates at the landfill could stay constant or be increased for this type of activity from permitted third party waste collection companies. If increased rates are established it is reasonable to expect that landfill revenues would increase slightly. History: To my knowledge, in the seven year history of the Operations Department, this is the first time applications for permits for the collection, removal, transport and disposal of garbage, trash and debris within the city limits of San Angelo have been received. Financial Impact: Possible increase in revenue based on expected increased tonnage and possible rate increases for third party waste companies. Other Information/Recommendation: None Attachments: Permit applications from: • Texas Disposal Systems, Inc., • TxAlloy, Inc. DBA Acme Iron & Metal Co. and • Briley Services • TML document titled Solid Waste Franchises: Still Enforceable?; • Chapter 11 of the Code of Ordinances • Texas Health and Safety Code Chapter 364 Presentation: Presentation by Shane Kelton, Director of Operations Publication: None Reviewed by Service Area Director: Shane Kelton, Operations, April 30, 2013
- 293. City of San Angelo Memo Date:May 14, 2013 To: Mayor and City Council members From: AJ Fawver, Interim Director of Development Services Jeff Hintz, Interim Senior Planner Subject: Combining the River Corridor Commission (RCC) and Historic Preservation Commission (HPC) Contact: AJ Fawver, Interim Director of Development Services Jeff Hintz, Interim Senior Planner 657-4210 Caption: Background information regarding the dissolving of the Historic Preservation Commission (HPC) and River Corridor Commission (RCC) and creating the Design and Historic Review Commission (DHRC). Discussion and possible action related thereto regarding assigned duties and responsibilities of the DHRC as approved by City Council on August 21, 2012 and finalized on September 4, 2012. ____________________________________________________________________________________ History and Background: On October 19, 2010, City Council had discussion regarding a number of items related to boards and commissions. On January 11, 2011, the Council agenda contained an item to discuss a review of board and commission appointment structures and related items, but this was postponed at the direction of Council. This item was again postponed at the January 25, 2011 and the February 1, 2011 meeting. On March 1, 2011 the Council discussed a possibility for board and commission consolidation, and asked staff to examine possibilities. On March 22, 2011, City Council kicked off a discussion that would continue through the remainder of the year: reducing the total number of boards and commissions to increase efficiencies and minimize the number of approval steps required for certain types of requests. Staff proposed two areas with opportunity for consolidation, of which this proposal was one. The concept was presented to the River Corridor Commission at
- 294. their April 26,2011 meeting as a discussion item. It was then presented to the Historic Preservation Commission on April 28, who made a motion that passed 4-0, to recommend to the Council that this Commission be left freestanding. On September 20, 2011, the City Council took a vote and gave staff direction to move forward with combining the functions of these two commissions. An update summarizing the Council action was presented to the River Corridor Commission on October 25, 2011, and to the Historic Preservation Commission on November 17, 2011. City staff began working through all of the active ordinances for the city to determine where changes would need to occur, and how these should occur. They identified a dozen areas within a variety of ordinance sections that would require rewriting. A draft was proposed, which was submitted for legal review and which a variety of staff members have spent many months reorganizing, reworking, reformatting, and preparing for hearing. These are the subject of today's meeting item and are included as attachments at the end of this staff report. During April through July of 2012, Downtown San Angelo approached City staff regarding suggestions for an overlay to guide design and development within the downtown area as infill development and redevelopment occur. After reviewing the design guidelines in the River Corridor Master Plan, it was expressed that these guidelines were very similar to what they had in mind, and that the expansion of the River Corridor area would accomplish the desires of this group. Staff, after looking at the proposal, is supportive of this expansion of the River Corridor area to include the Central Business District north of the Concho River. Downtown San Angelo also expressed their support of the combination of the functions of the River Corridor Commission and the Historic Preservation Commission in a recent resolution. However, they also proposed having representation in the way of two members on the newly-formed Design & Historic Review Commission, due to their role in tracking, reporting on, and promoting this area as it also falls within the Main Street District. Their resolution is also attached below. On September 4, 2012 an Ordinance was finalized formally dissolving the River Corridor Commission and Historic Preservation Commission (HPC). The newly formed Commission was named the Design and Historic Review Commission (DHRC) and was given (among other things) the responsibilities shown below as approved in Article Three of the Commission's Bylaws. 1. Adopt bylaws, rules, and regulations to carry out the business of the Commission, subject to ratification by the City Council. 2. Adopt criteria for the designation of historic, architectural, and cultural landmarks and delineation of historic districts, subject to ratification by the City Council.
- 295. 3. Prepare andpresent to the City Council, recommendations for policies and ordinances regarding development and all types of signage along the Concho River and other similar bodies of water as designated, subject to ratification by the City Council. 4. Conduct surveys and maintain an inventory of significant historic, architectural, and cultural landmarks and all properties located in historic districts within the City. 5 Recommend the designation of landmarks, historic districts, and other types of districts. 6. Recommend conferral of recognition upon the owners of landmarks or properties within districts by means of certificates, plaques, or markers. 7 Increase public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public educational programs. 8. Increase public awareness of the value of open spaces, public spaces, natural habitats, and wildlife along the Concho River and other similar bodies of water as designated by developing and participating in public educational programs. 9. Make recommendations to the City Council concerning the utilization of state, federal, or private funds to promote the preservation of open and public spaces along the Concho River and other similar bodies of water as designated. 10. Make recommendations to the City Council concerning the utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the City. 11. Approve or deny applications for Certificates of Appropriateness pursuant to provisions of the City of San Angelo Zoning Ordinance. 12. Prepare specific design guidelines for the review of landmarks, districts, and construction & demolition of historic buildings. 13. Recommend the acquisition of a landmark structure by the City of San Angelo where its preservation is essential to the purpose of this article and where private preservation is not feasible. 14. Recommend the acquisition of land along the Concho River and other similar bodies of water as designated by the City of San Angelo where its proximity to the river is vital to the purpose of this article. 15. Recommend to the City Council tax abatement and other economic development programs for the preservation of landmarks or historic districts. 16. Recommend to the City Council tax abatement and other economic development programs for sustainable developments along the Concho River and other similar bodies of water as designated. 17. Recommend to the City Council the acceptance of the donation of preservation easements and development rights as well as any other gifts of value for the purpose of historic and environmental preservation. 18 Carry out other duties as specifically delegated to the Commission by the City Council.
- 296. Analysis: The changes aresummarized briefly below: 1. Article 2.3000, originally the establishing ordinance for the Historic Preservation Commission, was removed; 2. Article 2.28, originally the establishing ordinance for the River Corridor Commission, was repurposed as the establishing ordinance for the new Design & Historic Review Commission, combining the duties, and outlining the required qualifications for members; 3. Chapter 12, Article 2, Section 215, Subparagraph E, originally outlining the powers of the Historic Preservation Commission, was repurposed to outlining the powers of the Design & Historic Review Commission; 4. Chapter 12, Article 2, Section 215, Subparagraph F, originally outlining the powers of the River Corridor Commission, was removed; 5. Article 12.7, originally the ordinance establishing the River Corridor area, and was modified to correct changes in titles (i.e., "Building Inspector" to "Building Official", "Planning Director" to "Planning Manager"), grammar, and spelling errors in 12.702; 6. Article 12.7, originally the ordinance establishing the River Corridor area, and was modified by the removal of 12.704 and moving 12.705 to 12.703, and by including the Central Business district north of the Concho River as suggested by Downtown San Angelo; 7. Article 12.8, originally the ordinance establishing the Historic Preservation Tax Abatement, and was modified to better clarify the procedures, to correct references to other sections of ordinance changing under this proposal, to reorganize, to clarify, and to correct changes in titles; 8. Chapter 12, Exhibit A, Article 2, Section 202, the table summarizing review procedures for the River Corridor and Historic Preservation Commissions, was amended to eliminate these and add the Historic & Design Review Commission procedures; 9. Chapter 12, Exhibit A, Article 2, Section 211, was amended to replace references of the Historic Preservation Commission with the Design & Historic Review Commission, and to correct grammatical and spelling errors;
- 297. 10. Chapter 12,Exhibit A, Article 3, Section 308, Subpart F, pertaining to the procedures for demolition by neglect, was amended to replace references of the Historic Preservation Commission with the Design & Historic Review Commission; 11. Chapter 12, Exhibit C, Chapter 5, Section VII, a part of the Subdivision Ordinance which requires all applications for subdivision within the River Corridor to obtain approval of the River Corridor Commission, was removed. Fiscal Impact: N/A Attachments: Downtown San Angelo resolution Minutes from August 21, 2012 Council Meeting when the board combination was discussed and initially approved. Presentation: AJ Fawver, Interim Director of Development Services Jeff Hintz, Interim Senior Planner
- 298. DOWNTOWN SAN ANGELORESOLUTION The Board of Directors of Downtown San Angelo, Inc. (DSA) respectfully submits the following statement of support and requests to the City of San Angelo: 1. DSA supports the proposed consolidation of River Corridor Commission and Historic Preservation Commission, understanding that this combination will result in a more efficient Commission and ease of use by the public. 2. DSA supports the expansion of the River Corridor District with boundaries shown in the attached graphic. This expansion will ensure the consistent application of design standards in the historic district, similar to those enjoyed by the River Corridor, and therefore promote economic development of downtown. 3. If the City Council expands the River Corridor boundaries, a significant portion of the proposed Commission’s purview will be located within the designated boundaries that Downtown San Angelo, Inc. is charged with guiding, tracking and reporting quarterly. With respect to the effort of DSA, the COSADC/DSA contract for revitalization and redevelopment services in this area, and in the spirit of reinforcing a robust Downtown economy, we respectfully propose that two DSA Board members occupy positions on the proposed Commission.
- 299. Minutes Page 669 August21, 2012 Vol. 103 NEW COMMISSION ENTITLED DESIGN AND HISTORIC REVIEW COMMISSION AND MATTERS RELATED THERETO AN ORDINANCE AMENDING CHAPTER 2 “ADMINISTRATION”, OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO BY REPEALING ARTICLE 2.3000 ENTITLED “HISTORIC PRESERVATION COMMISSION” IN ITS ENTIRETY; REPEALING ARTICLE 2.2800 ENTITLED “RIVER CORRIDOR COMMISSION” IN ITS ENTIRETY AND ENACTING A NEW ARTICLE 2.2800 ENTITLED “DESIGN AND HISTORIC REVIEW COMMISSION”; PROVIDING FOR THE CREATION OF THE COMMISSION; PROVIDING FOR THE QUALIFICATIONS AND TERMS OF COMMISSIONERS; PROVIDING FOR DUTIES, OFFICERS, HISTORIC PRESERVATION OFFICER, EX-OFFICIO MEMBERS, AND QUORUM OF THE COMMISSION; PROVIDING FOR BYLAWS; PROVIDING FOR MEETINGS AND MINUTES; PROVIDING FOR ABSENT MEMBERS; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 2 “DEVELOPMENT REVIEW, SECTION 215 “DECISION-MAKING BODIES AND OFFICIALS” BY AMENDING SUBPARAGRAPH “E” SETTING FORTH POWERS OF THE DESIGN AND HISTORIC REVIEW COMMISSION; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 2 “DEVELOPMENT REVIEW, SECTION 215 “DECISION-MAKING BODIES AND OFFICIALS” BY REPEALING SUBPARAGRAPH “F”; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 12.700 “RIVER CORRIDOR DEVELOPMENT”, BY REPEALING SECTIONS 12.704 AND 12.705 AND RESTATING SECTION 12.702 ”DEFINITION OF RIVER CORRIDOR” AND 12.703 “ISSUANCE OF BUILDING PERMITS; APPEALS”, PROVIDING FOR REVIEW OF CONSTRUCTION PLANS BY THE DESIGN AND HISTORIC REVIEW COMMISSION; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 12.800 “HISTORIC PRESERVATION TAX ABATEMENT”, BY RESTATING SECTION 12.802 “HISTORIC OVERLAY ZONE TAX ABATEMENT”, AND SECTION 12.803 “HISTORIC PROJECT TAX ABATEMENT”, TO PROVIDE FOR HISTORIC OVERLAY TAX ABATEMENT AND REVIEW BY THE DESIGN AND HISTORIC REVIEW COMMISSION, TO PROVIDE FOR HISTORIC PROJECT TAX ABATEMENT ON APPLICATION TO THE DESIGN AND HISTORIC REVIEW COMMISSION AND PROVIDING FOR APPEALS; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, EXHIBIT A, “ZONING ORDINANCE”, ARTICLE 2 “DEVELOPMENT REVIEW”, BY RESTATING SECTION 202 “SUMMARY OF DEVELOPMENT REVIEW PROCEDURES”, TO PROVIDE A SUMMARY OF DEVELOPMENT REVIEW PROCEDURES; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, EXHIBIT A, “ZONING ORDINANCE”, ARTICLE 2, “DEVELOPMENT REVIEW”, BY RESTATING SECTION 211 “HISTORIC OVERLAY ZONE”, PROVIDING FOR A HISTORIC OVERLAY ZONE AND PROCEDURES FOR DESIGNATION OF LANDMARK OR DISTRICTS, FOR PUBLIC HEARING BEFORE THE DESIGN AND HISTORIC REVIEW COMMISSION, AND FOR APPEAL; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, EXHIBIT A, “ZONING ORDINANCE”, BY REPEALING ARTICLE 3 “USE REGULATIONS”, SECTION 308 “HO (HISTORIC OVERLAY ZONE)”, SUBCHAPTER F “DEMOLITION BY NEGLECT”; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT, EXHIBIT C, “LAND DEVELOPMENT AND SUBDIVISION ORDINANCE”, CHAPTER 5 “PROCEDURAL REQUIREMENTS FOR PROCESSING SUBDIVISIONS” BY REPEALING SECTION VII “RIVER CORRIDOR DEVELOPMENT; PROVIDING FOR SEVERABILITY OF TERMS AND PROVISIONS; AND, PROVIDING FOR AN EFFECTIVE DATE. Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. General discussion was held on the authority of the commission; existing members on the two current boards; concern of authorizing two members as representative of DSA; expansion of the historic district area beyond Concho Ave which members stated would create a sense of cohesiveness within the downtown area and create a common connectivity between Downtown San Angelo and the Commission; coordinating the façade grant program; selecting new members; effects of expanding the area and the eligibility for future tax abatements;
- 300. Page 670 Minutes Vol.103 August 21, 2012 advantages to the citizens to streamline the approval process for the proponent, including the zoning process, and approaching one board; reducing the board member term from 4 and 3 year to 2 and 1 year; under membership composition, instead of a Downtown San Angelo, Inc. representative, ordinance should read “involved in the downtown area/process” and representing the downtown development organization under contract with the City as opposed to the one entity; and establishing a quorum of 5 for the 7 member board. Motion, to introduce the Ordinance, as presented, including the following changes: authorize the expansion of the River Corridor and Historical downtown area; authorize the board member terms to 2 year terms; authorize one member as a representative of the downtown development organization in contract with City of San Angelo; quorum of the board set at 5 of the 7 member board; and requiring a majority of the full board for an affirmative vote; was made by Mayor New and seconded by Councilmember Farmer. Public comment was made by Citizen Jim Turner. A vote was taken on the motion on the floor. Motion carried unanimously. RECESS At 12:01 P.M., Mayor New called a recess. EXECUTIVE/CLOSED SESSION At 12:30 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 551.071 to consult with attorney on matters related to the TriCity Water Initiatives; and Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo OPEN SESSION (continued) At 2:09 P.M. City Council concluded the Executive/Closed Session whereupon the following business was transacted: RECESS At 2:09 P.M., Mayor New called a recess. RECONVENE At 2:21 P.M., Council reconvened, with the exception of Mayor New, and the following business was transacted: Councilmember Silvas resumed the meeting as Mayor Pro Tempore. CONSIDERATION OF ADOPTING A RESOLUTION BY THE CITY OF SAN ANGELO CITY COUNCIL, WITH ATTACHMENTS, AUTHORIZING THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION (COSADC) TO EXECUTE AN ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM, WITH MEDHAB, LLC, PROVIDING FOR DIRECT INCENTIVES IN THE FORM OF GRANTS FOR REIMBURSEMENT TO MEDHAB, LLC OF PORTIONS OF BUSINESS EXPENSES INCURRED FOR JOB CREATION AND RETENTION, AND, FOR CAPITAL INVESTMENT AND LEASING OF FACILITIES, MACHINERY, AND EQUIPMENT IN SAN ANGELO, TEXAS Community and Economic Development Director Shawn Lewis and Economic Development Coordinator
- 301. 5/9/2013 1 City Council May 14,2013 History/Background • October 2010 – brief discussion by Council of boards & commissions; • January 2011 item postponed;• January 2011 – item postponed; • February 2011 – item postponed; • March 1, 2011 – Council discussed consolidation of boards & commissions; • March 22, 2011 – Council continued discussion, & City M /St ff d t ith t it fManager/Staff proposed two areas with opportunity for consolidation – one being the River Corridor & Historic Preservation Commissions.
- 302. 5/9/2013 2 History/Background (cont.) • Consolidationwould provide following benefits: • Reducing the total number of boards & commissions; • Reducing the need for meeting cancellations due to• Reducing the need for meeting cancellations due to lack of agenda items or quorums; • Increase efficiencies for support staff; • Minimize number of approval steps required for certain types of requests; History/Background (cont.) • April 2011 – concept presented to RCC; consensus of members was to support consolidation of the two. • April 2011 concept presented to HPC; members• April 2011 – concept presented to HPC; members voted 4-0 to leave HPC freestanding. • September 2011 – Council gave staff direction to move forward with consolidation. • October 2011 – Staff updated RCC; • November 2011 Staff updated HPC;• November 2011 – Staff updated HPC;
- 303. 5/9/2013 3 Before After (Proposed) RCC- Two members shall be recognized practicing professionals in the field of architecture, design, landscape architecture, or a related profession. At least two (2) members shall be licensed or otherwise recognized as professional in architecture, landscape architecture, design, engineering, surveying, or related profession. HPC - At least one shall be an architect, planner or representative of a design profession At least one (1) member shall be recognized as a historian or a member of a local historic preservationrepresentative of a design profession. historian or a member of a local historic preservation group. HPC - At least one shall be a historian. At least one (1) member shall be an owner of real property within the River Corridor. HPC - At least one shall be a licensed real estate broker, or an officer from a lending institution. At least two (2) members shall be members of the Board of Directors of Downtown San Angelo, Inc. HPC - At least one shall be an attorney. At least one (1) member shall own real property designated or recognized as a community landmark,designated or recognized as a community landmark, or within a designated historic district; HPC - At least one shall be an owner of a landmark or of a property in a historic district. HPC - At least one shall be a member of Historic San Angelo, Inc. TOTAL : 7 TOTAL : 7
- 304. 5/9/2013 4 Before (RCC/HPC) After(DHRC) RCC – In addition to the PC, hears every request for Special Use within the River Corridor. DHRC - Hears requests for signage that aren’t eligible for administrative approval within the River Corridor. RCC – In addition to the PC, hears every request for Conditional Use within the River Corridor. DHRC - Hears requests for construction that aren’t eligible for administrative approval within the River CorridorCorridor. RCC – In addition to the PC, hears every request for Zone Change or PD within the River Corridor. DHRC - Hears requests for Certificates of Appropriateness that allow modifications to designated historic buildings. RCC – Hears requests for signage that aren’t eligible for admin approval within the River Corridor. DHRC - Hears requests for designation (Historic Overlay) of buildings. RCC – Hears requests for construction that aren’t eligible for admin approval within the River Corridoreligible for admin approval within the River Corridor. RCC – Hears requests for subdivision. HPC – Hears requests for CAs that allow modifications to designated historic buildings. HPC – Hears requests for designation (Historic Overlay) of buildings. Downtown San Angelo Request • Two of the items just reviewed were proposed by Downtown San Angelo – these are: • Requiring that 2 of the 7 members of the Design &• Requiring that 2 of the 7 members of the Design & Historic Review Commission be members of the Downtown San Angelo Board of Directors; • Expanding the designated River Corridor to include the Central Business District north of the Concho River.
- 305.
- 306. 5/9/2013 6 August 21, 2012Council Minutes Ordinance Changes - #1 • Article 2.3000, originally the establishing ordinance for the Historic Preservation Commission, was removed;
- 307. 5/9/2013 7 Ordinance Changes -#2 • Article 2.28, originally the establishing ordinance for the River Corridor Commission, was repurposed as the establishing ordinance for the new Design &the establishing ordinance for the new Design & Historic Review Commission, combining the duties already outlined in the original ordinance, and outlining the required qualifications for members; Ordinance Changes - #3 • Chapter 12, Article 2, Section 215, Subparagraph E, originally outlining the powers of the Historic Preservation Commission, was repurposed to outliningPreservation Commission, was repurposed to outlining the powers of the Design & Historic Review Commission; • Combines the duties that the Historic Preservation Commission and the River Corridor Commission had already been delegated in the Zoning Ordinance; and • Removes the duty of making recommendation on all zoning cases.
- 308. 5/9/2013 8 Ordinance Changes -#4 • Chapter 12, Article 2, Section 215, Subparagraph F, originally outlining the powers of the River Corridor Commission, was removed;Commission, was removed; Ordinance Changes - #5 • Article 12.7, originally the ordinance establishing the River Corridor area, and was modified to correct changes in titles (i.e., "Building Inspector" to "Buildingchanges in titles (i.e., Building Inspector to Building Official", "Planning Director" to "Planning Manager"), grammar, and spelling errors in 12.702; • It also changes & expands the area designated as the River Corridor, as requested by Downtown San Angelo
- 309. 5/9/2013 9 Ordinance Changes -#6 & 7 • Article 12.7, originally the ordinance establishing the River Corridor area, and was modified by the removal of 12.703 and 12.704 and moving 12.705 to 12.703;of 12.703 and 12.704 and moving 12.705 to 12.703; • 12.703 outlined duties – already addressed in Article 2.28; • 12.704 required zoning approvals to be heard by River Corridor Commission – this was removed. Ordinance Changes - #8 • Article 12.8, originally the ordinance establishing the Historic Preservation Tax Abatement, and was modified to better clarify the procedures, to correctmodified to better clarify the procedures, to correct references to other sections of ordinance changing under this proposal, to reorganize, to clarify, to reformat, and to correct changes in titles;
- 310. 5/9/2013 10 Ordinance Changes -#9 • Chapter 12, Exhibit A, Article 2, Section 202, the table summarizing review procedures for the River Corridor and Historic Preservation Commissions in the Zoningand Historic Preservation Commissions in the Zoning Ordinance, was amended to eliminate these and add the Design & Historic Review Commission as a column; • Historic Overlay Zone Designations & Certificates of Appropriateness will be heard by the DHRC, with Council as the final approval for designation and as the level of appeal for CAs. Ordinance Changes - #10 • Chapter 12, Exhibit A, Article 2, Section 211, was amended to replace references of the Historic Preservation Commission with the Design & HistoricPreservation Commission with the Design & Historic Review Commission, to reorganize passages for clarity, to correct references to titles and to correct grammatical and spelling errors;
- 311. 5/9/2013 11 Ordinance Changes -#11 • Chapter 12, Exhibit A, Article 3, Section 308, Subpart F, pertaining to the procedures for demolition by neglect, was amended to replace references of theneglect, was amended to replace references of the Historic Preservation Commission with the Design & Historic Review Commission; Ordinance Changes - #12 • Chapter 12, Exhibit C, Chapter 5, Section VII, a part of the Subdivision Ordinance which requires all applications for subdivision within the River Corridor toapplications for subdivision within the River Corridor to obtain approval of the River Corridor Commission, was removed.
- 312. 5/9/2013 1 City Council May 14,2013 History/Background • October 2010 – brief discussion by Council of boards & commissions; • January 2011 item postponed;• January 2011 – item postponed; • February 2011 – item postponed; • March 1, 2011 – Council discussed consolidation of boards & commissions; • March 22, 2011 – Council continued discussion, & City M /St ff d t ith t it fManager/Staff proposed two areas with opportunity for consolidation – one being the River Corridor & Historic Preservation Commissions.
- 313. 5/9/2013 2 History/Background (cont.) • Consolidationwould provide following benefits: • Reducing the total number of boards & commissions; • Reducing the need for meeting cancellations due to• Reducing the need for meeting cancellations due to lack of agenda items or quorums; • Increase efficiencies for support staff; • Minimize number of approval steps required for certain types of requests; History/Background (cont.) • April 2011 – concept presented to RCC; consensus of members was to support consolidation of the two. • April 2011 concept presented to HPC; members• April 2011 – concept presented to HPC; members voted 4-0 to leave HPC freestanding. • September 2011 – Council gave staff direction to move forward with consolidation. • October 2011 – Staff updated RCC; • November 2011 Staff updated HPC;• November 2011 – Staff updated HPC;
- 314. 5/9/2013 3 Before After (Proposed) RCC- Two members shall be recognized practicing professionals in the field of architecture, design, landscape architecture, or a related profession. At least two (2) members shall be licensed or otherwise recognized as professional in architecture, landscape architecture, design, engineering, surveying, or related profession. HPC - At least one shall be an architect, planner or representative of a design profession At least one (1) member shall be recognized as a historian or a member of a local historic preservationrepresentative of a design profession. historian or a member of a local historic preservation group. HPC - At least one shall be a historian. At least one (1) member shall be an owner of real property within the River Corridor. HPC - At least one shall be a licensed real estate broker, or an officer from a lending institution. At least two (2) members shall be members of the Board of Directors of Downtown San Angelo, Inc. HPC - At least one shall be an attorney. At least one (1) member shall own real property designated or recognized as a community landmark,designated or recognized as a community landmark, or within a designated historic district; HPC - At least one shall be an owner of a landmark or of a property in a historic district. HPC - At least one shall be a member of Historic San Angelo, Inc. TOTAL : 7 TOTAL : 7
- 315. 5/9/2013 4 Before (RCC/HPC) After(DHRC) RCC – In addition to the PC, hears every request for Special Use within the River Corridor. DHRC - Hears requests for signage that aren’t eligible for administrative approval within the River Corridor. RCC – In addition to the PC, hears every request for Conditional Use within the River Corridor. DHRC - Hears requests for construction that aren’t eligible for administrative approval within the River CorridorCorridor. RCC – In addition to the PC, hears every request for Zone Change or PD within the River Corridor. DHRC - Hears requests for Certificates of Appropriateness that allow modifications to designated historic buildings. RCC – Hears requests for signage that aren’t eligible for admin approval within the River Corridor. DHRC - Hears requests for designation (Historic Overlay) of buildings. RCC – Hears requests for construction that aren’t eligible for admin approval within the River Corridoreligible for admin approval within the River Corridor. RCC – Hears requests for subdivision. HPC – Hears requests for CAs that allow modifications to designated historic buildings. HPC – Hears requests for designation (Historic Overlay) of buildings. Downtown San Angelo Request • Two of the items just reviewed were proposed by Downtown San Angelo – these are: • Requiring that 2 of the 7 members of the Design &• Requiring that 2 of the 7 members of the Design & Historic Review Commission be members of the Downtown San Angelo Board of Directors; • Expanding the designated River Corridor to include the Central Business District north of the Concho River.
- 316.
- 317. 5/9/2013 6 August 21, 2012Council Minutes Ordinance Changes - #1 • Article 2.3000, originally the establishing ordinance for the Historic Preservation Commission, was removed;
- 318. 5/9/2013 7 Ordinance Changes -#2 • Article 2.28, originally the establishing ordinance for the River Corridor Commission, was repurposed as the establishing ordinance for the new Design &the establishing ordinance for the new Design & Historic Review Commission, combining the duties already outlined in the original ordinance, and outlining the required qualifications for members; Ordinance Changes - #3 • Chapter 12, Article 2, Section 215, Subparagraph E, originally outlining the powers of the Historic Preservation Commission, was repurposed to outliningPreservation Commission, was repurposed to outlining the powers of the Design & Historic Review Commission; • Combines the duties that the Historic Preservation Commission and the River Corridor Commission had already been delegated in the Zoning Ordinance; and • Removes the duty of making recommendation on all zoning cases.
- 319. 5/9/2013 8 Ordinance Changes -#4 • Chapter 12, Article 2, Section 215, Subparagraph F, originally outlining the powers of the River Corridor Commission, was removed;Commission, was removed; Ordinance Changes - #5 • Article 12.7, originally the ordinance establishing the River Corridor area, and was modified to correct changes in titles (i.e., "Building Inspector" to "Buildingchanges in titles (i.e., Building Inspector to Building Official", "Planning Director" to "Planning Manager"), grammar, and spelling errors in 12.702; • It also changes & expands the area designated as the River Corridor, as requested by Downtown San Angelo
- 320. 5/9/2013 9 Ordinance Changes -#6 & 7 • Article 12.7, originally the ordinance establishing the River Corridor area, and was modified by the removal of 12.703 and 12.704 and moving 12.705 to 12.703;of 12.703 and 12.704 and moving 12.705 to 12.703; • 12.703 outlined duties – already addressed in Article 2.28; • 12.704 required zoning approvals to be heard by River Corridor Commission – this was removed. Ordinance Changes - #8 • Article 12.8, originally the ordinance establishing the Historic Preservation Tax Abatement, and was modified to better clarify the procedures, to correctmodified to better clarify the procedures, to correct references to other sections of ordinance changing under this proposal, to reorganize, to clarify, to reformat, and to correct changes in titles;
- 321. 5/9/2013 10 Ordinance Changes -#9 • Chapter 12, Exhibit A, Article 2, Section 202, the table summarizing review procedures for the River Corridor and Historic Preservation Commissions in the Zoningand Historic Preservation Commissions in the Zoning Ordinance, was amended to eliminate these and add the Design & Historic Review Commission as a column; • Historic Overlay Zone Designations & Certificates of Appropriateness will be heard by the DHRC, with Council as the final approval for designation and as the level of appeal for CAs. Ordinance Changes - #10 • Chapter 12, Exhibit A, Article 2, Section 211, was amended to replace references of the Historic Preservation Commission with the Design & HistoricPreservation Commission with the Design & Historic Review Commission, to reorganize passages for clarity, to correct references to titles and to correct grammatical and spelling errors;
- 322. 5/9/2013 11 Ordinance Changes -#11 • Chapter 12, Exhibit A, Article 3, Section 308, Subpart F, pertaining to the procedures for demolition by neglect, was amended to replace references of theneglect, was amended to replace references of the Historic Preservation Commission with the Design & Historic Review Commission; Ordinance Changes - #12 • Chapter 12, Exhibit C, Chapter 5, Section VII, a part of the Subdivision Ordinance which requires all applications for subdivision within the River Corridor toapplications for subdivision within the River Corridor to obtain approval of the River Corridor Commission, was removed.
- 323. City of SanAngelo Office of the City Clerk Memo Date: May 7, 2013 To: Mayor and Councilmembers From: Alicia Ramirez, City Clerk Subject: Agenda Item for May 14, 2013 Council Meeting Contact: Alicia Ramirez, City Clerk, 657-4405 Caption: Regular Item Presentation of and possible action on matters related to the potential Runoff Election scheduled for Saturday, June 15, 2013 Summary: The City of San Angelo will conduct a General and Special Election on May 11, 2013. In the anticipation of a possible runoff election, staff has prepared a procedure, a schedule, and attached the related statutes for City Council’s review. The runoff date was set when the Election Order was approved and adopted on February 26, 2013. Financial Impact: The expense of a potential Runoff Election will be determined on whether the election is city wide or within a specific single member district. An estimated total cost for a city-wide election may be between $25,000.00 to $30,000.00. Voting branch locations are not required during the early voting period based on the City’s current population, but are offered as an option and a convenience for the voters. Total cost for all 5 locations during this period is $10,200.00. Should the Council decide to conduct early voting at one location, the Tom Green County Elections office, the cost would be approximately $2,040.00. Voter turnout during a runoff election is generally low (statistics will be provided by the meeting date). Other Information/Recommendation: On the final two days of early voting by personal appearance, the Election Administrator’s office and branch location hours will be designated from 7:00 a.m. until 7:00 p.m., beginning on June 10 and ending June 11, 2013. Staff seeks authorization from City Council to either provide the voter access to the 4 Early Voting Branch Locations and the TGC Elections Office Main Location; or, access to one location at the TGC Elections Office during Early Voting. Attachments: Runoff Procedure including related election code statutes
- 324. Runoff Election Procedure Runoffelections are held for an elective office if no candidate receives the majority of all the votes cast for such office at such election. The Council shall, immediately upon declaring the official results of the election, issue a call for a run-off election for each position to which no one was elected. Such run-off election shall be held on a day to be set by the Council which will comply with State Law, and, in such run-off election, the two candidates who received in the preceding election the highest number of votes for each place to which no one was elected shall be voted on again and the candidate who receives the majority of the votes cast for such place in the run-off election shall be declared elected to such office. Each person elected at a City election shall take office immediately upon completion of the official canvass and issuance of a certificate of election to such person (City of San Angelo Charter, Section 45 Election Rules). The following calendar outlines the runoff procedure for the May uniform election date: May 11, 2013 Uniform Election day May 14, 2013 Provide Official STATEMENT OF ELECTED OFFICER NOT APPOINTED BY THE GOVERNOR and OATH OF OFFICE to candidates who appear to have won, or may win. (Article XVI, §1, Texas Constitution) May 14, 2013 Last day for candidate to withdraw (withdrawal request must be received by 5:00 p.m.) [EC 145.092(d)] - If a candidate makes a timely withdrawal, the remaining candidate is considered elected, and the runoff election for that office is not held (EC 145.095) May 17, 2013 Early Voting Ballot Board meets to count ballots received from outside the U.S. and process provisional ballots. (EC 87.125(a)) May 17, 2013 Order of Names on Ballot Drawing for possible Runoff Election: Post notice of time and place of the drawing (EC 52.094) May 21, 2013 Regular City Council meeting - PERIOD FOR OFFICIAL CANVASS (EC 67.002) between the 3rd and 11th day after the election. - Certification of runoff candidates (EC 2.027) - Runoff Election ordered and set for June 15, 2013 (scheduled between the 20th – 45th day after canvass per EC 2.025(a)) - Order of names on the ballot determined (EC 52.094) - Until the new officers are qualified, the old members of the governing body “holdover” and continue to perform the duties of their office (Article 16, Section 17, Texas Constitution) - Certificate of Election is prepared and duly elected officers sworn in (EC 67.016) - Reception for newly elected officers and outgoing members
- 325. June 3 –11th Early Voting (begins the 12th day before election day [EC 85.007(a)(1)] June 15th Runoff Election June 21, 2013 Early Voting Ballot Board meets to count ballots received from outside the U.S. and process provisional ballots. (EC 87.125(a)) June 25, 2013 Special City Council meeting - PERIOD FOR OFFICIAL CANVASS (EC 67.002) between the 3rd and 11th day after the election. Other meeting date may be determined on May 14, 2013. Special meeting may be held between the 24th and 26th (must be held after the Early Voting Ballot Board meets) - Certificate of Election is prepared and duly elected officers sworn in (EC 67.016) - Reception for newly elected officers and outgoing members City of San Angelo - CHARTER ELECTIONS SECTION 43. ELECTION DAY: The regular municipal election for the City shall be held on a day set by the City Council which will comply with State law. (Amended 5/6/89) SECTION 44. ELECTIONS: LAW CONTROLLING: All elections provided for in this Charter, except the regular election provided for above, shall be called a Special Election, and all such elections shall be conducted and results canvassed and announced by the authorities as prescribed in the General Election Laws of the State of Texas, and such General Election Laws shall control in all municipal elections, except as otherwise herein provided. (Amended 5/6/89) SECTION 45. ELECTION RULES: The Council shall be the judge of elections and the qualifications of its Members. At every regular election and every special election called to fill one or more vacant elective offices, election to each office shall be by a majority of the votes cast for such office at such election. Where in any election for elective office no candidate receives the majority of all the votes cast for such office at such election, the Council shall, immediately upon declaring the official results of the election, issue a call for a run-off election for each position to which no one was elected. Such run-off election shall be held on a day to be set by the Council which will comply with State Law, and, in such run-off election, the two candidates who received in the preceding election the highest number of votes for each place to which no one was elected shall be voted on again and the candidate who receives the majority of the votes cast for such place in the run-off election shall be declared elected to such office. Each person elected at a City election shall take office immediately upon completion of the official canvass and issuance of a certificate of election to such person. (Amended 4/4/70, 4/13/76, 5/6/89 and 11/16/07)
- 326.
- 327. Sec. 145.092. DEADLINEFOR WITHDRAWAL. (a) Except as otherwise provided by this section, a candidate may not withdraw from an election after 5 p.m. of the third day after the deadline for filing the candidate's application for a place on the ballot. (b) A candidate in an election for which the filing deadline for an application for a place on the ballot is not later than 5 p.m. of the 62nd day before election day may not withdraw from the election after 5 p.m. of the 53rd day before election day. (c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1164, Sec. 44, eff. September 1, 2011. (d) A candidate in a runoff election may not withdraw from the election after 5 p.m. of the third day after the date of the main election. (e) Section 1.006 does not apply to this section. (f) A candidate in an election for which the filing deadline for an application for a place on the ballot is not later than 5 p.m. of the 78th day before election day may not withdraw from the election after 5 p.m. of the 71st day before election day. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1987, 70th Leg., ch. 472, Sec. 40, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 203, Sec. 2.59; Acts 1991, 72nd Leg., ch. 554, Sec. 30, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch. 925, Sec. 5, eff. Nov. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 1109, Sec. 12, eff. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. 1164, Sec. 31, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1164, Sec. 44, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1318, Sec. 22, eff. September 1, 2011. Page 1 of 1ELECTION CODE CHAPTER 145. WITHDRAWAL, DEATH AND INELIGIBILITY ... 5/7/2013http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.145.htm
- 328. Sec. 145.095. EFFECTOF WITHDRAWAL FROM RUNOFF. If a runoff candidate withdraws, the remaining candidate is considered to be elected and the runoff election for that office is not held. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Page 1 of 1ELECTION CODE CHAPTER 145. WITHDRAWAL, DEATH AND INELIGIBILITY ... 5/7/2013http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.145.htm
- 329. Sec. 2.025. RUNOFFELECTION DAY. (a) Except as provided by Subsection (d) or as otherwise provided by this code, a runoff election shall be held not earlier than the 20th or later than the 45th day after the date the final canvass of the main election is completed. (b) A runoff election date later than the period prescribed by Subsection (a) may be prescribed by a home-rule city charter. (c) This section supersedes a law outside this subchapter to the extent of a conflict notwithstanding Section 2.022. (d) A runoff election for a special election to fill a vacancy in Congress or a special election to fill a vacancy in the legislature to which Section 101.104 applies shall be held not earlier than the 70th day or later than the 77th day after the date the final canvass of the main election is completed. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 60, Sec. 2, eff. Oct. 20, 1987; Acts 1991, 72nd Leg., ch. 389, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 728, Sec. 2, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 1316, Sec. 2, eff. Sept. 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1318, Sec. 2, eff. September 1, 2011. Page 1 of 1ELECTION CODE CHAPTER 2. VOTE REQUIRED FOR ELECTION TO OFFICE 5/7/2013http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.2.htm
- 330. Sec. 2.027. CERTIFICATIONOF RUNOFF CANDIDATES. The presiding officer of the final canvassing authority shall certify in writing for placement on a runoff election ballot the names of the runoff candidates and shall deliver the certification to the authority responsible for having the official ballot prepared. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Page 1 of 1ELECTION CODE CHAPTER 2. VOTE REQUIRED FOR ELECTION TO OFFICE 5/7/2013http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.2.htm
- 331. Sec. 52.094. NAMESOF CANDIDATES. (a) Except as otherwise provided by law, for an election at which the names of more than one candidate for the same office are to appear on the ballot in an independent column or are to appear on a general or special election ballot that does not contain a party nominee, the order of the candidates' names shall be determined by a drawing. (b) The authority responsible for having the official ballot prepared for the election shall conduct the drawing. (c) The authority conducting the drawing shall post in the authority's office a notice of the date, hour, and place of the drawing. The notice must remain posted continuously for 72 hours immediately preceding the scheduled time of the drawing, except that for a runoff election or an election held to resolve a tie vote, the notice must remain posted for 24 hours immediately preceding the scheduled time of the drawing. (d) For an election held at county expense or a city election, on receipt of a candidate's written request accompanied by a stamped, self-addressed envelope, the authority conducting the drawing shall mail written notice of the date, hour, and place of the drawing to the candidate. For an election held by any other political subdivision, the authority conducting the drawing shall mail written notice of the date, hour, and place of the drawing to each candidate, at the address stated on the candidate's application for a place on the ballot, not later than the fourth day before the date of the drawing. (e) Each candidate affected by a drawing is entitled to be present or have a representative present at the drawing. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 52, eff. Sept. 1, 1997. Page 1 of 1ELECTION CODE CHAPTER 52. BALLOT FORM, CONTENT, AND PREPARATION 5/7/2013http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.52.htm
- 332. Sec. 67.002. CANVASSOF PRECINCT RETURNS. (a) Except as otherwise provided by law, the precinct election returns for each election shall be canvassed by the following authority: (1) for an election ordered by the governor or by a county authority, the commissioners court of each county in which the election is held; and (2) for an election ordered by an authority of a political subdivision other than a county, the political subdivision's governing body. (b) The canvass of precinct returns shall be conducted in accordance with this chapter except as otherwise provided by this code. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Page 1 of 1ELECTION CODE CHAPTER 67. CANVASSING ELECTIONS 5/7/2013http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.67.htm
- 333. Sec. 67.016. CERTIFICATEOF ELECTION. (a) After the completion of a canvass, the presiding officer of the local canvassing authority shall prepare a certificate of election for each candidate who is elected to an office for which the official result is determined by that authority's canvass. (b) The governor shall prepare a certificate of election for each candidate who is elected to an office for which the official result is determined by the canvass conducted by the governor. (c) A certificate of election must contain: (1) the candidate's name; (2) the office to which the candidate is elected; (3) a statement of election to an unexpired term, if applicable; (4) the date of the election; (5) the signature of the officer preparing the certificate; and (6) any seal used by the officer preparing the certificate to authenticate documents that the officer executes or certifies. (d) After the canvass of a presidential election, the secretary of state shall prepare a certificate of election for each presidential elector candidate who is elected. (e) The authority preparing a certificate of election shall promptly deliver it to the person for whom it is prepared, subject to Section 212.0331. (f) A certificate of election may not be issued to a person who has been declared ineligible to be elected to the office. (g) This section does not apply to the offices of governor and lieutenant governor. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1989, 71st Leg., ch. 163, Sec. 2, eff. Sept. 1, 1989; Acts 2001, 77th Leg., ch. 1144, Sec. 1, eff. Sept. 1, 2001. Page 1 of 1ELECTION CODE CHAPTER 67. CANVASSING ELECTIONS 5/7/2013http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.67.htm
- 334. Sec. 85.007. PUBLICNOTICE OF TIME FOR VOTING. (a) The election order and the election notice must state: (1) the date that early voting will begin if under Section 85.001(d) the early voting period is to begin later than the prescribed date; (2) the regular dates and hours that voting will be conducted under Section 85.005(b); and (3) the dates and hours that voting on Saturday or Sunday is ordered to be conducted under Section 85.006(a). (b) The early voting clerk shall post notice for each election stating the dates and hours that voting on a Saturday or Sunday is ordered to be conducted under Section 85.006(b). (c) Notice under Subsection (b) shall be posted continuously for at least 72 hours immediately preceding the first hour that the voting to which the notice pertains will be conducted. The notice shall be posted on the bulletin board used for posting notice of meetings of the commissioners court if the early voting clerk is the county clerk, or of the city governing body if the early voting clerk is the city secretary. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.09; Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991. Page 1 of 1ELECTION CODE CHAPTER 85. CONDUCT OF VOTING BY PERSONAL APPEA... 5/7/2013http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.85.htm
- 335. Sec. 87.125. COUNTINGOF CERTAIN LATE BALLOTS VOTED BY MAIL. (a) The early voting ballot board shall convene to count ballots voted by mail described by Section 86.007(d) at the time set by the presiding judge of the board on the sixth day after the date of an election or on an earlier day if the early voting clerk certifies that all ballots mailed from outside the United States have been received. (b) On counting the ballots under Subsection (a), the early voting ballot board shall report the results to the local canvassing authority for the election. (c) If the date prescribed by Subsection (a) for convening the early voting ballot board is a Saturday, Sunday, or legal state or national holiday, the early voting ballot board shall convene on the next regular business day. Added by Acts 1997, 75th Leg., ch. 1349, Sec. 41, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 1316, Sec. 30, eff. Sept. 1, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 1, Sec. 5, eff. Jan. 11, 2004. Amended by: Acts 2005, 79th Leg., Ch. 1062, Sec. 2, eff. September 1, 2005. Page 1 of 1ELECTION CODE CHAPTER 87. PROCESSING EARLY VOTING RESULTS 5/7/2013http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.87.htm
- 336. THE TEXAS CONSTITUTION ARTICLE16. GENERAL PROVISIONS Sec. 1. OFFICIAL OATH. (a) All elected and appointed officers, before they enter upon the duties of their offices, shall take the following Oath or Affirmation: "I, _______________________, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of ___________________ of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God." (b) All elected or appointed officers, before taking the Oath or Affirmation of office prescribed by this section and entering upon the duties of office, shall subscribe to the following statement: "I, _______________________, do solemnly swear (or affirm) that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God." (c) Members of the Legislature, the Secretary of State, and all other elected and appointed state officers shall file the signed statement required by Subsection (b) of this section with the Secretary of State before taking the Oath or Affirmation of office prescribed by Subsection (a) of this section. All other officers shall retain the signed statement required by Subsection (b) of this section with the official records of the office. (Amended Nov. 8, 1938, and Nov. 6, 1956; Subsecs. (a)-(c) amended and (d)-(f) added Nov. 7, 1989; Subsecs. (a) and (b) amended, Subsecs. (c) and (d) deleted, and Subsecs. (e) and (f) amended and redesignated as Subsec. (c) Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. 1: See Appendix, Note 3.) Sec. 2. EXCLUSIONS FROM OFFICE, JURY SERVICE AND RIGHT OF SUFFRAGE; PROTECTION OF RIGHT OF SUFFRAGE. Laws shall be made to Page 1 of 47THE TEXAS CONSTITUTION ARTICLE 16. GENERAL PROVISIONS 5/7/2013http://www.statutes.legis.state.tx.us/Docs/CN/htm/CN.16.htm
- 337. Sec. 17. OFFICERSTO SERVE UNTIL SUCCESSORS QUALIFIED. All officers within this State shall continue to perform the duties of their offices until their successors shall be duly qualified. Page 1 of 1THE TEXAS CONSTITUTION ARTICLE 16. GENERAL PROVISIONS 5/7/2013http://www.statutes.legis.state.tx.us/Docs/CN/htm/CN.16.htm