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City Council Agenda Page 1 of 5 June 18, 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, June 18, 2013
McNease Convention Center, 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. Proclamation
“Small Business Week”, week of June 17-21, 2013, to be accepted by Dave Erickson, Small Business
Development Center Director
D. Recognitions
“Monte Maxwell”, Organist, United States Naval Academy, Performing at the First Christian Church,
Thursday, June 20, 2014 at 7:00 p.m.
Texas Association of Municipal Information Officers State Conference on June 7 awarded to the Public
Information Office for Best Use of Social Media, 2nd
Place, and Best Media Relations, 3rd
Place
E. Public Comment
The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda
item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent
Agenda may be identified and requested for consideration by the Council at this time. The Council may
request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular
Agenda for public comment.
II. CONSENT AGENDA
1. Consideration of approving the June 4, 2013 City Council Regular meeting minutes
2. Consideration of adopting a Resolution authorizing the City Manager to execute a contract with
the San Angelo Cultural Affairs Council (SACAC) for the provision of programs which
encourage, develop, promote and improve educational and cultural opportunities in the
community, provide programs which encourage participation and appreciation of the arts, and
provide for the administration of subgrants to qualifying organizations, through funding allocated
City Council Agenda Page 2 of 5 June 18, 2013
from city hotel occupancy tax revenue; and providing for an effective date (submitted by Assistant
City Manager/Chief Financial Officer Michael Dane)
3. Consideration of adopting a Resolution authorizing applicant, Specialty Sports, Inc., DBA Ski Skeller
Sports, to hold a special event at Lake Nasworthy known as “Wake the Desert”; permitting specified
activities; imposing requirements on applicant; and granting variances relating to rules and regulations
of Lake Nasworthy, Park Ordinances and the City’s Noise Ordinance (Submitted by Civic Events
Manager Angelica Pena)
4. Consideration of approving a Recreational or Agricultural Lease Agreement (Price) for 2.616 acres of
land located adjacent to the lake or river and authorizing the City Manager or Water Utilities Director
to execute the same (submitted by Water Utilities Director Ricky Dickson)
5. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z13-17: P.V. McMinn, Jr.
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS
ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: An unaddressed 1 acre tract, located at the northwest corner of
the intersection of West Beauregard Avenue and Moritz Circle. This property specifically occupies the
Clar-Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo, changing the zoning
classification from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and Townhouse
Residential (RS-3) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
6. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 13-18: Loren Edwards
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: 4398 Jackrabbit Trail; located approximately 1,390 feet
southeast from the intersection at Jackrabbit Trail and South Chadbourne Street; property specifically
occupies the Concho River Estates, 2.4170 Acres in Tract 19-B, south central San Angelo, changing
the zoning classification from a Ranch & Estate (R&E) to a Heavy Commercial (CH) District;
PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
7. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 13-12: NE Interests- Charlie Nicholas
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 of land; specifically occupying 15.00
acres of land out of the Deaf & Dumb Asylum Lands Survey 2, Abstract 82. This property occupies a
proposed Final Plat of the Boulevard San Angelo, Section 2, Block D, Lot 1 in far southwest San
Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a High Rise Multifamily
Residential (RM-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
City Council Agenda Page 3 of 5 June 18, 2013
8. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z13-16: OK Holdings, LLC
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS
ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: An unaddressed 5 acre tract, located approximately 900 feet
northwest of the intersection of Link Road and Christoval Road. This property specifically occupies
the Concho River Estates, proposed Lot 35B, in southern San Angelo, changing the zoning
classification from Heavy Commercial (CH) to Office Warehouse (OW) District; PROVIDING FOR
SEVERABILITY AND PROVIDING A PENALTY
9. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 13-19: Rocky Spoonts
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: 815 South Abe Street, located on the northwest corner of the
intersection of South Abe Street and West Washington Avenue. This property specifically occupies
the Park Heights addition, Block 16, east 145 feet of lots 9-10, and the south 37 feet of the east 145
feet of Lot 8 in central San Angelo, changing the zoning classification from Low Rise Multi-Family
Residential (RM-1) to Office Commercial (CO) District; PROVIDING FOR SEVERABILITY AND
PROVIDING A PENALTY
10. Second Hearing and consideration of adopting an Ordinance authorizing abandonment of public right-
of-way for Ellis Street extending approximately 315’ east/westward between Blocks 5 & 6 of the
Eastland Heights Addition, immediately adjacent to property owned by a railroad company in north
central San Angelo
AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE
FOLLOWING STREET SEGMENT, TO WIT: An approximately 42’ wide portion of the unimproved
public right-of-way for Ellis Street, extending approximately 315’ eastward between Blocks 5 & 6 of
the Eastland Heights Addition, immediately adjacent to property owned by a railroad company in
north central San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING
PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF
ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE
AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS
III. REGULAR AGENDA:
F. EXECUTIVE/CLOSED SESSION
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle
A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that
Meetings be Open under the following sections:
• Section 551.072 to deliberate the purchase, exchange, lease, or value of real property
• Section 551.071(2) to consult with attorney on a matter in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with this chapter
City Council Agenda Page 4 of 5 June 18, 2013
G. PUBLIC HEARING AND COMMENT
11. Consideration of adopting a Resolution authorizing the renaming “Rio Vista Park” located at the 2700
block of Ben Ficklin Road as “Jaime Padron Memorial Park”, in honor of Jaime Padron, pursuant to
the recommendation of the City of San Angelo Parks and Recreation Advisory Board
(Presentation by Parks and Recreation Director Carl White)
12. Consideration of approving an amendment to Vision Plan Component of the San Angelo
Comprehensive Plan update adopted in 2009, specifically properties situated south and east from the
intersection of Dan Hanks Lane and South Chadbourne Street and extending eastward on the south
side of South Chadbourne Street, continuing to Old Eola Road, then southwards along South Loop
306, encompassing the existing city limits and properties situated just outside the current city limits in
the far southeast portion of San Angelo
(Presentation by Interim Senior Planner Jeff Hintz)
13. Public Hearing to receive public comments for and against annexation 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)
14. Public Hearing to receive citizen input on requested projects to be considered for funding with Grant
Year 2013 Community Development Block Grant and HOME Investment Partnerships Grant funds
from the U.S. Department of Housing and Urban Development and discussion and deliberation on
funding allocations for said funds
(Presentation by Neighborhood and Family Services Director Bob Salas)
15. Discussion on City of San Angelo Code of Ordinances Sec. 8.105: Noise From a Motor Vehicle
regarding enforcement measures of loud stereo music emitting from vehicles
(Requested by Councilmember Silvas and presentation by Police Chief Tim Vasquez)
16. Discussion and possible action regarding the Fiscal Year 2013-2014 Budget preparation
(Presentation by Budget Manager Morgan Chegwidden)
17. Update and presentation regarding the Hickory Aquifer Water Supply Project
(Presentation by Water Utilities Director Ricky Dickson)
18. Update and presentation regarding the status and progress of the Housing Committee and
subcommittees in reference to Multi-Family Living, Single Family Living, and Temporary Housing in
the form of Campgrounds/RV Parks and Extended Stay situations as directed by City Council at the
April 2, 2013 Joint Session with the Planning Commission
(Presentation by City Manager Daniel Valenzuela and Assistant City Manager/Chief Financial Officer
Michael Dane)
H. FOLLOW UP AND ADMINISTRATIVE ISSUES
19. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed
20. Consideration of approving a Board nomination by Council and designated Councilmember:
a. Planning Commission: Mark Crisp (SMD2) to an unexpired January 2014
21. Announcements and consideration of Future Agenda Items
Special City Council Meeting on June 25, 2013 at 9:00 A.M.
City Council Agenda Page 5 of 5 June 18, 2013
22. Adjournment
The City Council reserves the right to consider business out of the posted order, and at any time during the
meeting, reserves the right to adjourn into executive session on any of the above posted agenda items which
are not listed as executive session items and which qualify to be discussed in closed session under Chapter 551
of the Texas Government Code.
Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter
551, Tuesday, June 11, 2013, at 5:00 P.M.
/s/________________________
Alicia Ramirez, City Clerk
For immediate release
June 12, 2013
City’s Public Information Office
wins 2 statewide awards
The City of San Angelo’s Public Information Office won two statewide awards for its use
of social media and its working relationship with the media at the annual conference of
the Texas Association of Municipal Information Officers on June 7.
San Angelo garnered a second-place trophy for Best Use of Social Media, finishing
behind the City of Austin’s Twitter feed, and a third-place award for Best Media
Relations, topped by only Austin and Temple.
“Brian Groves, our multimedia coordinator, and I were pleased to be recognized by our
peers statewide,” Public Information Officer Anthony Wilson said. “Even more exciting
were the many ideas we returned home with regarding how we can better and more
proactively communicate with our citizens.”
The City Council will recognize the achievement at its June 18 meeting.
Social media has increasingly become an important communication tool for the City of
San Angelo, which has a Facebook page (facebook.com/CityofSanAngeloTexas) with
more than 7,800 followers, a Twitter account (@CityofSanAngelo) with nearly 1,500
followers, and a YouTube channel (youtube.com/CityofSanAngeloTx) with more than
410,000 views. San Angelo’s Facebook following is greater than that of the cities of
Austin, Dallas, Fort Worth, El Paso and Arlington.
The City’s Public Information Office has managed to cultivate its social media following
with only two employees – one of the smallest staffs represented at the TAMIO
conference.
TAMIO’s awards competition attracted more than 180 entries across 24 categories. An
affiliate of the Texas Municipal League, TAMIO provides professional development for
public information officers and promotes an active cooperation and an exchange of
information and ideas among its membership.
###
Public Information Division
Anthony Wilson, Public Information Officer
72 W. College Ave. Office: 325.481.2727 Cell: 325.234.0014
anthony.wilson@cosatx.us
P R O C L A M A T I O N
WHEREAS, Monte Maxwell, Chapel Organist, Director of Chapel Music and
the Midshipmen Symphony Orchestra, began his service at the
United States Naval Academy in 1997; and
WHEREAS, Mr. Maxwell, a native of San Angelo, Texas, earned his Bachelor
of Music Degree from Texas Christian University, Fort Worth,
studying with Emmet G. Smith; then invited to study at the Curtis
Institute of Music with John Weaver where he received an Artist
Diploma, Curtis' highest degree; and earned his Master of Music
Degree from the Juilliard School of Music in New York City, also
studying with John Weaver; and while studying in Philadelphia,
Mr. Maxwell was an Associate Organist at the John Wanamaker
Store, playing the famed six-manual organ, the largest playing
organ in the world; and
WHEREAS, At the Naval Academy, Mr. Maxwell serves as the principal
organist for the Protestant and Catholic services as well as
playing for weddings, memorial services, funerals, and
performances throughout the year; and
WHEREAS, Mr. Maxwell will be performing at the First Christian Church on
Thursday, June 20, 2013, at 7:00 P.M.
NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf
of the City Council, do hereby recognize and applaud
“Monte Maxwell”
for his dedicated commitment and offering of artistic gift to all of San Angelo and the
surrounding community.
IN WITNESS WHEREOF, I have hereunto
set my hand and caused the Seal of the City to
be affixed this 20th
day of June, 2013.
THE CITY OF SAN ANGELO
___________________________
Charlotte Farmer
Mayor Pro Tempore
PROCLAMATION
WHEREAS, Small business owners are dynamic people with new innovations and ideas
building America’s future. There are approximately 27.9 million small businesses
in America today, which have created up to 64% of net new jobs in the country,
make up 98% of all U.S. exporters, and with their innovation, creativity and
ability to bring new products to market quickly, small businesses are the
showstoppers of the national economy; and
WHEREAS, Small businesses make a tremendous contribution to our nation’s economic well-
being and overall quality of life. Small businesses, which represent about half of the
private-sector economy and more than 99 percent of all businesses, were at the core of
expansion, which saw output, business income, and profits rise while business
bankruptcies and unemployment declined. The San Angelo small business
community continues to help strengthen the overall economy, and provide job
opportunities; and
WHEREAS, “National Small Business Week 2013” provides an opportunity to recognize
excellence in entrepreneurship and to salute and honor the accomplishments of
small business owners.
NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the
City Council, do hereby proclaim the week of June 17-21, 2013 as
“SMALL BUSINESS WEEK”
throughout the City, and urge all citizens to join in saluting all of our City’s small business
owners, while acknowledging that our nation’s economic engines are fueled by the hard work,
determination and ingenuity of America’s entrepreneurs.
IN WITNESS WHEREOF, I have
hereunto set my hand and caused the
Seal of the City to be affixed this
18th
day of June, 2013.
THE CITY OF SAN ANGELO
______________________________
Charlotte Farmer
Mayor Pro Tempore
CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 565
Tuesday, June 4, 2013 Vol. 104
OPEN SESSION
BE IT REMEMBERED City Council convened in a regular meeting at 9:02 A.M., Tuesday, June 4, 2013, in
the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized
members of the Council, to-wit:
Mayor, Alvin New
Councilmember Paul Alexander
Councilmember Marty Self
Councilmember Johnny Silvas
Councilmember Don Vardeman
Councilmember Kendall Hirschfeld
Councilmember Charlotte Farmer
were present and acting, thus constituting a quorum. Whereupon, the following business was transacted:
An invocation was given by Councilmember Farmer and pledge was led by Hannah Robinson, 5th
Grader at
Cornerstone Christian School.
PROCLAMATIONS AND RECOGNITIONS
Mr. & Mrs. Bennie Jackson, July 13, 2013, 50th Wedding Anniversary, will be presented to Mrs. Bennie
Jackson.
The City of San Angelo Finance/Budget Division for receiving the Government Finance Officers Association’s
(GFOA) Distinguished Budget Presentation Award, to be accepted by Budget Manager Morgan Chegwidden,
and Senior Budget Analyst Laura Brooks.
PUBLIC COMMENT
Public comments were made by Citizen Jim Turner regarding the City’s website address and related changes.
He also expressed his concerns on how information is released and displayed to the public.
CONSENT AGENDA
APPROVAL OF THE MAY 21, 2013 CITY COUNCIL REGULAR MEETING MINUTES
AWARD OF BID(S) AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY
RELATED DOCUMENTS:
TR-01-13: Traffic Signs and Blanks; Vulcan Signs (Foley, AL) primary supplier, and Safeway Signs
(Adelanto, CA) or Pathmark Traffic Products (San Marcos, TX) alternate suppliers, $35,000.00
VM-05-13: Auto Body Repair Service; Santellano’s Collision, Pardner’s Body Shop, Shirley Auto Repair,
Hargraves’ Truck and Equipment, J&T’s Welding, and Century Trailer (all from San Angelo, TX); $75,000.00
WU-11-13: Water Utilities Inventory Supplies, Benmark Supply (Midland, TX), HD SupplyWaterworks (San
Angelo, TX), Morrison Supply(San Angelo, TX), and Western Industrial Supply(Odessa, TX), Various Quotes
CONSIDERATION OF AWARDING BID ES-02-13 FOR THE 2013 MILL & OVERLAY PROJECT TO
REECE ALBERT, INC. (SAN ANGELO, TX), IN SUBSTANTIALLY THE ATTACHED FORM, IN THE
Page 566 Minutes
Vol. 104 June 4, 2013
AMOUNT OF $1,319,556.23, AND AUTHORIZING THE CITY MANAGER TO EXECUTE RELATED
DOCUMENTS (DISCUSSED IN REGULAR AGENDA)
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 OR TAX WARRANT: (Page 575, #2013-06-082)
28 W 13th Street, (Jones), Lot 14 & W 25' of 15, Block 61, Miles Addition, $4,200, Suit No. B-99-0038-T
Next to 2002 Brown Street, (Orona), N 75’ of Lot 11, Block 2, Home Acres, $1,200, Suit No. B-07-0113-T
21 W 9th Street, (DeLaughter), Lot 6, Block 30, Miles, $1,500, Suit No. B-96-0220-T
25 W 9th Street, (DeLaughter), Lot 7, Block 30, Miles, $1,500, Suit No. B-96-0203-T
ADOPTION OF A RESOLUTION RATIFYING THE APPLICATION AND CONTRACT FOR, AND
ACCEPTING, IF AWARDED, ADDITIONAL FY2014 TEXAS DEPARTMENT OF STATE HEALTH
SERVICES, REGIONAL LOCAL SERVICES SYSTEM (RLSS)/LOCAL PUBLIC HEALTH SERVICES
(LPHS) GRANT FUNDS IN THE AMOUNT OF $20,000.00, TO ADDRESS PUBLIC HEALTH
IMMUNIZATION AND DISEASE PREVENTION ACTIVITIES AND SERVICES (Page 577, #2013-06-083)
ADOPTION OF A RESOLUTION AUTHORIZING THE RELEASE OF AN EAST/WEST RUNNING
UTILITY EASEMENT IN THE BLUFFS ADDITION, THIRD REPLAT IN SECTION 28, BLOCK 44,
TRACT H, BEING LOT 1A IN SOUTHWEST SAN ANGELO (Page 579, #2013-06-084)
CONSIDERATION OF APPROVING THE PARKS AND RECREATION ADVISORY BOARD’S
RECOMMENDATION TO WAIVE FEES FOR THE TEXAS WEST LITTLE LEAGUE STATE
TOURNAMENT, JULY 5-7, 2013 AND JULY 18-21, 2013 AT THE TEXAS BANK SPORTS COMPLEX.
(DISCUSSED IN REGULAR AGENDA)
APPROVAL OF VARIANCES TO THE CITY CODE FOR THE 7TH
ANNUAL DRAG BOAT RACES ON
JUNE 21-23, 2013, AT LAKE NASWORTHY
ADOPTION OF A RESOLUTION BY THE CITY OF SAN ANGLEO, TEXAS (“CITY”), APPROVING
AND ADOPTING RATE SCHEDULE “RRM – RATE REVIEW MECHANISM” FOR ATMOS ENERGY
CORPORATION, MID-TEX DIVISION TO BE IN FORCE IN THE CITY FOR A PERIOD OF TIME AS
SPECIFIED IN THE RATE SCHEDULE; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT
THIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS
OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND REQUIRING DELIVERY OF THIS RESOLUTION TO
THE COMPANY (Page 581, #2013-06-085)
ADOPTION OF A RESOLUTION APPOINTING ELECTION OFFICIALS FOR THE RUNOFF ELECTION
TO BE HELD ON JUNE 15, 2013; AND PROVIDING FOR AN EFFECTIVE DATE (Page 585, #2013-06-
086)
SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2012-2013 BUDGET
FOR GRANTS, NEW PROJECTS AND INCOMPLETE PROJECTS (Page 589, #2013-06-087)
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS,
INCOMPLETE PROJECTS, CAPITAL PROJECTS, AND GRANTS
Minutes Page 567
June 4, 2013 Vol. 104
Motion, to approve the Consent Agenda, as presented, with the exception of BID ES-02-13 and Parks and
Recreation Advisory Board’s Recommendation, was made by Councilmember Hirschfeld and seconded by
Councilmember Farmer. Motion carried unanimously.
REGULAR AGENDA: PUBLIC HEARING AND COMMENT
AWARD OF BID ES-02-13 FOR THE 2013 MILL & OVERLAY PROJECT TO REECE ALBERT, INC.
(SAN ANGELO, TX), IN SUBSTANTIALLY THE ATTACHED FORM, IN THE AMOUNT OF
$1,319,556.23, AND AUTHORIZING THE CITY MANAGER TO EXECUTE RELATED DOCUMENTS
Interim City Engineer Tim Wolff presented background information and explained the mill and overlayprocess
and named the streets considered under the bid project.
Motion, to award the bid, as presented, was made by Councilmember Alexander and seconded by
Councilmember Farmer. Motion carried unanimously
DENIAL OF THE PARKS AND RECREATION ADVISORY BOARD’S RECOMMENDATION TO
WAIVE FEES FOR THE TEXAS WEST LITTLE LEAGUE STATE TOURNAMENT, JULY 5-7, 2013 AND
JULY 18-21, 2013 AT THE TEXAS BANK SPORTS COMPLEX; AND DIRECTION FOR STAFF TO
ESTABLISH CRITERIA GUIDELINES FOR FUTURE REQUESTS
Recreation Manager Maryann Vasquez presented background information and informed the variances were
based on economic impact in comparison to the fees that would be assessed. General discussion was held on
the economic impact of the event, the precedence may be created by this approval, the probabilityto continue to
host future tournaments, the possibly of offering sign-on bonuses for future tournaments, the profits to the entity
after receiving in-kind services, and forgoing the City’s percentage on the concessionaire services.
Further discussion was held with Parks and Recreation Board Chairperson AJ Turner regarding the Convention
and Visitor’s Bureau Sports Board and their support of the proposal.
City Manager Daniel Valenzuela suggested staff establish a criterion for future requests.
Motion, to approve the recommendation for $14,618.75, as presented, was made byCouncilmember Silvas and
seconded by Councilmember Hirschfeld. AYE: Silvas and Hirschfeld. NAY: New, Self, Alexander, and
Farmer. Motion failed 2-4.
Mayor New commented on the City’s investments on the complex, the need to generate revenue to support the
venue, setting a negative precedence, and establishing a set of guidelines on such requests.
Responding to a question from Councilmember Silvas, Ms. Vasquez stated the tournament is set and posted on
their website.
Responding to a question from Councilmember Hirschfeld, Ms. Vasquez stated the agreed upon commitments
included assistance with the mounds, number of motel rooms, number of volunteers to work tournament, vendor
fee (CVB money), and concessions. He recommended approving what was negotiated.
Ms. Vasquez informed the following was not included in initial negotiations:
Field rental = $3,493.75 17 fields of varying numbers over 4 days)
Field Services = 4,800.00 4 people x $20/hour x 60 hours)
Gate Fees = $2400.00 If gate is charged; fees applicable 4 gates x $150 x 4 days
20% Concessions Revenue
Restroom Service = $525.00 1 person at $15/hour x 35 hours) request exclusion of this item.
Responding to a question from Councilmember Farmer, Ms. Vasquez stated the street closure was requested
due to tournament sponsors charging for parking, including two uniformed police officers on staff. Mr. Turner
added medical personnel would also be available on site.
Page 568 Minutes
Vol. 104 June 4, 2013
Mayor New recalled Council’s prior discussion to provide assistance on a first time event; however, the Cityhas
not secured a future event with the applicant. Therefore, he suggested establishing a criteria or policyto provide
future subsidy assistance.
Motion, to approve ½ of the requested assistance, was made by Councilmember Farmer. Motion failed due to
lack of a second.
Motion, to approve the requested cash assistance up to $3500.00 as a sign-on bonus contingent on the applicant
returning next year, was made by Councilmember Alexander. Motion failed due to lack of a second.
Responding to a question by Councilmember Farmer, Mr. Roger Havlak stated a city representative will be
available to ensure the fields are prepared according to the City’s standards.
Parks and Recreation Director Carl White recommended the City provide the in-kind support, and the applicant
can pay for the field rental, field services, gate fees, and restroom service. He informed the applicant will
receive all of the revenue generated from the tournament.
Responding to a question from Councilmember Self, Mr. Turner stated this is the first year for the City to host
this even and the applicant is seeking a home for future tournaments. He noted once the first year is established
and income and expenses are calculated, then a better forecast would be available for hosting entity to commit
or sign a 3 to 5 year contract.
Motion, to approve, as presented, was made by Councilmember Silvas. Motion failed due to the lack of a
second.
Motion, to approve, as presented, with the exception of the 20% commission from the concessionaire, and if the
applicant agrees to return next year, then the applicant will receive the 20% as a sign-on bonus, was made by
Councilmember Self and seconded by Councilmember Alexander.
Councilmember Hirschfeld remarked approval of the request requires more long-term planning by staff and
expressed interested in seeing the development of this endeavor.
Further discussion was held on the motion on the floor. Councilmember Alexander withdrew his second.
Councilmember Silvas seconded.
A vote was taken on the motion on the floor. AYE: Silvas and Self. NAY: New, Alexander, Hirschfeld, and
Farmer. Motion failed 2-4.
In conclusion, Mayor New suggested staff establish criterion to address future requests and present such at a
future meeting.
RECESS
At 9:58 A.M., Mayor New called a recess.
RECONVENE
At 10:10 A.M., Council reconvened, and the following business was transacted:
APPROVAL OF 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:
Lot 19, Group 2, 2029 American Legion Road (Simpson)
Lot 1, Group 16, 2262 Joy Road (Furlong)
Water Utilities Director Ricky Dickson presented background information.
General discussion held on the requirements by the financing institutions, the ordinance language regarding the
rent escalation based on appraised market value after the time period elapses, the annual rent shall equal the
appraised market value of land multiplied by a factor of 0.08.
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June 4, 2013 Vol. 104
Motion, to approve the renewals, as presented, was made by Councilmember Silvas and seconded by
Councilmember Hirschfeld. Motion carried unanimously.
ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
SUPPLEMENTAL LEASE AGREEMENT EXTENDING THE TERM OF A LEASE WITH THE U.S.
DEPARTMENT OF HOMELAND SECURITY IMMIGRATION AND CUSTOMS ENFORCEMENT AS
LESSEE, OF CERTAIN PROPERTY LOCATED AT 5575 STEWART LANE, SAN ANGELO REGIONAL
AIRPORT – MATHIS FIELD (AIRPORT) (Page 593, #2013-06-088)
Airport Director Luis Elguezabal presented background information.
Motion, to adopt the Resolution, as presented, was made by Councilmember Farmer and seconded by
Councilmember Hirschfeld. Motion carried unanimously.
TABLING OF AN AMENDMENT TO VISION PLAN COMPONENT OF THE SAN ANGELO
COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, SPECIFICALLY PROPERTIES SITUATED
SOUTH AND EAST FROM THE INTERSECTION OF DAN HANKS LANE AND SOUTH
CHADBOURNE STREET AND EXTENDING EASTWARD ON THE SOUTH SIDE OF SOUTH
CHADBOURNE STREET, CONTINUING TO OLD EOLA ROAD, THEN SOUTHWARDS ALONG
SOUTH LOOP 306, ENCOMPASSING THE EXISTING CITY LIMITS AND PROPERTIES SITUATED
JUST OUTSIDE THE CURRENT CITY LIMITS IN THE FAR SOUTHEAST PORTION OF SAN ANGELO
Interim Senior Planner Jeff Hintz noted the proponent requested the item be postponed to a future meeting.
Motion, to table the item, was made byCouncilmember Farmer and Councilmember Hirschfeld. Motion carried
unanimously
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
Z13-17: P.V. McMinn, Jr.
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING
REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: An unaddressed 1 acre tract, located at the northwest corner of the
intersection of West Beauregard Avenue and Moritz Circle. This property specifically occupies the Clar-Mor
Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo, changing the zoning classification from Single-
Family Residential (RS-1) to Zero Lot Line, Twinhome and Townhouse Residential (RS-3) District;
PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
Interim Senior Planner Jeff Hintz presented background information. A copy of the report/presentation is part
of the Permanent Supplemental Record.
General discussion was held on the drainage of the area and staff’s process to follow up on letters of opposition.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Farmer and seconded by
Councilmember Silvas. Motion carried unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
Z 13-18: Loren Edwards
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
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Vol. 104 June 4, 2013
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: 4398 Jackrabbit Trail; located approximately 1,390 feet southeast from
the intersection at Jackrabbit Trail and South Chadbourne Street; property specifically occupies the Concho
River Estates, 2.4170 Acres in Tract 19-B, south central San Angelo, changing the zoning classification from a
Ranch & Estate (R&E) to a Heavy Commercial (CH) District; PROVIDING FOR SEVERABILITY AND
PROVIDING A PENALTY
Interim Senior Planner Jeff Hintz presented background information. A copy of the report/presentation is part
of the Permanent Supplemental Record.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by
Councilmember Silvas. Motion carried unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
Z 13-12: NE Interests- Charlie Nicholas
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 of land; specificallyoccupying 15.00 acres of land
out of the Deaf & Dumb Asylum Lands Survey 2, Abstract 82. This property occupies a proposed Final Plat of
the Boulevard San Angelo, Section 2, Block D, Lot 1 in far southwest San Angelo, changing the zoning
classification from a Ranch & Estate (R&E) to a High Rise Multifamily Residential (RM-2) District;
PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
Interim Director of Development Services AJ Fawver presented background information. A copy of the
report/presentation is part of the Permanent Supplemental Record.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by
Councilmember Farmer. Motion carried unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
Z13-16: OK Holdings, LLC
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING
REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: An unaddressed 5 acre tract, located approximately 900 feet northwest
of the intersection of Link Road and Christoval Road. This property specifically occupies the Concho River
Estates, proposed Lot 35B, in southern San Angelo, changing the zoning classification from HeavyCommercial
(CH) to Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A
PENALTY
Interim Director of Development Services AJ Fawver presented background information. A copy of the
report/presentation is part of the Permanent Supplemental Record.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by
Councilmember Farmer.
General discussion was held on the property in relation to the city limits.
A vote was taken on the motion on the floor. Motion carried unanimously.
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June 4, 2013 Vol. 104
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
Z 13-19: Rocky Spoonts
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: 815 South Abe Street, located on the northwest corner of the
intersection of South Abe Street and West Washington Avenue. This property specifically occupies the Park
Heights addition, Block 16, east 145 feet of lots 9-10, and the south 37 feet of the east 145 feet of Lot 8 in
central San Angelo, changing the zoning classification from Low Rise Multi-Family Residential (RM-1) to
Office Commercial (CO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
Interim Director of Development Services AJ Fawver presented background information. A copy of the
report/presentation is part of the Permanent Supplemental Record.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Farmer and seconded by
Councilmember Hirschfeld.
General discussion was made on the historic designation of the building noting the area was not officially
designated as such. Ms. Fawver informed the proponent was made aware of the designation issue.
A vote was taken on the motion on the floor. Motion carried unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AUTHORIZING
ABANDONMENT OF PUBLIC RIGHT-OF-WAY FOR ELLIS STREET EXTENDING APPROXIMATELY
315’ EAST/WESTWARD BETWEEN BLOCKS 5 & 6 OF THE EASTLAND HEIGHTS ADDITION,
IMMEDIATELY ADJACENT TO PROPERTY OWNED BY A RAILROAD COMPANY IN NORTH
CENTRAL SAN ANGELO
AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING
STREET SEGMENT, TO WIT: An approximately 42’ wide portion of the unimproved public right-of-wayfor
Ellis Street, extending approximately 315’ eastward between Blocks 5 & 6 of the Eastland Heights Addition,
immediately adjacent to property owned by a railroad company in north central San Angelo; AUTHORIZING
THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE
TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE
MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY
OWNERS
Interim Director of Development Services AJ Fawver presented background information. A copy of the
report/presentation is part of the Permanent Supplemental Record.
Motion, to introduce the Ordinance, was made by Councilmember Hirschfeld and seconded byCouncilmember
Farmer.
General discussion was held on the future use of the property as a salvage yard and the fact that there was no
opposition by nearby residences to the future use of the property.
Public comment was made Citizen Sally Ayana.
A vote was taken on the motion on the floor. Motion carried unanimously.
FIRST PUBLIC HEARING REGARDING PUBLIC COMMENTS FOR OR AGAINST THE ANNEXING
(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
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Vol. 104 June 4, 2013
8.995 ACRE TRACT ANNEXED TO THE CITY LIMITS ON MARCH 5, 2013 THAT COMPRISES THE
PROPOSED PRESTONWOOD ADDITION, SECTION TWO
Interim Director of Development Services AJ Fawver presented background information noting staff was
seeking public comment for or against the annexation of the property. A copy of the report/presentation is part
of the Permanent Supplemental Record.
Mayor New opened the floor to hear public comment. No comments were made. Mayor New closed the public
comment period.
APPROVAL OF A PETITION FOR A VARIANCE UNDER SEC. 11.204 (B), FROM THE
REQUIREMENTS OF SEC.11.203 (E) WATER SUPPLY STAGE - DROUGHT LEVEL II REGARDING
SECTION 2 (C) WATERING OF “NEW LANDSCAPE” SHALL NOT BE ALLOWED AS STATED IN
SECTION 11.202 FOR “NEW LANDSCAPE.” TO FARMERS DAUGHTER
Water Utilities Director Ricky Dickson presented background information.
Responding to a question by Councilmember Hirschfeld, Petitioner Tam Honaker described the location for the
variance between Guadalupe and Campus Streets and noted the petition, as stated, was to seek approval to water
what has already been planted.
Motion, to approve the variance based on Code of Ordinance Section 11.204(2)(b) & (c), as presented, was
made by Councilmember Alexander and seconded byCouncilmember Hirschfeld. Motion carried unanimously.
TABLING OF DISCUSSION ON THE FISCAL YEAR 2012-2013 BUDGET AS IT RELATES TO
AMBULANCE FEE REVENUE
Motion, to table the item, was made by Councilmember Farmer and seconded by Councilmember Self.
Councilmember Hirschfeld recommended discussing the item during the budget hearing in its entirety as
opposed to individual departments.
A vote was taken on the motion on the floor. AYE: New, Self, Silvas, Hirschfeld, and Farmer. NAY:
Alexander. Motion carried 5-1.
TABLING OF DISCUSSION ON CODE OF ORDINANCE SEC. 8.105: NOISE FROM A MOTOR
VEHICLE REGARDING ENFORCEMENT MEASURES OF LOUD STEREO MUSIC EMITTING FROM
VEHICLES
Requested by Councilmember Silvas, Council recommended tabling the item and that staff be available and
present the item at a future agenda.
General discussion was held on how to police the behavior.
Public comment was made by Citizen Gary Gibbs regarding the enforcement of the ordinance and inquired how
many citations or warnings had been issued.
RECESS
At 11:00 A.M., Mayor New called a recess.
RECONVENE
At 11:17 A.M., Council reconvened, and the following business was transacted:
EXECUTIVE/CLOSED SESSION
At 11:17 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 551.071 to consult with attorney on a matter in which the duty of
Minutes Page 573
June 4, 2013 Vol. 104
the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas clearly conflicts with this chapter; Section 551.072 to deliberate the purchase, exchange, lease, or
value of real property; and, Section 551.087 to discuss an offer of financial or other incentive to a company or
companies with whom the City of San Angelo is conducting economic development negotiations and which the
City of San Angelo seeks to have, locate, stay or expand in San Angelo.
RECESS
At 12:06 P.M., Mayor New called a recess.
RECONVENE
At 12:11 P.M., Council reconvened, and the following business was transacted:
FOLLOW UP AND ADMINISTRATIVE ISSUES
CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION
APPROVAL OF THE RECOMMENDATION BY CITY OF SAN ANGELO DEVELOPMENT
CORPORATION AUTHORIZING THE SALE OF PROPERTY AT THE INDUSTRIAL PARK TO SCOTT
MEASUREMENT SERVICES INCORPORATED, FOR THE SALE OF 6 ACRES IN THE AMOUNT OF
$17,500.00 PER ACRE
Interim Economic Development Director Bob Schneeman provided background information noting the offer
was made by Scott Measurement Services Incorporated and approved unanimously by the City of San Angelo
Development Corporation.
Motion, to approve the recommendation by City of San Angelo Development Corporation authorizing the sale
of property at the Industrial Park to Scott Measurement Services Incorporated, for the sale of 6 acres in the
amount of $17,500.00 per acre, was made by Councilmember Self and seconded by Councilmember Silvas.
Motion carried unanimously.
ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS
City Manager Daniel Valenzuela distributed the proposed June 18, 2013 Agenda and solicited Council
comments and suggestions.
Amendment to the Vision Plan Component item
Councilmember Silvas commented on the safety/security factor regarding the numbering on resident mailboxes
or incorrect numbers displayed on houses. Staff advised this is handled through the United Stated Post Office.
Councilmember Hirschfeld requested an update on the Housing Subcommittee.
Councilmember Farmer commented on the drainage lot between Christian Village and Big Lots. Daniel
Valenzuela, City Manager suggested he, Mr. Dane and Mr. Wolff meet to discuss a resolution. Ms. Farmer also
requested an update on Mr. Murry’s issues regarding Grape Creek Road and 43rd
Street.
Mayor New announced he would not be present at the June 18th
meeting.
Councilmember Farmer announced she would not be present at the June 25th
special meeting.
Councilmember Alexander requested an update on the use of golf carts on public streets and how such use
could be incorporated as special use guidelines within the ordinance at the next meeting.
ADJOURNMENT
Motion, to adjourn, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Motion
carried unanimously.
The meeting adjourned at 12:19 P.M.
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Vol. 104 June 4, 2013
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.)
A RESOLUTION OF THE CITY OF SAN ANGELO CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH THE SAN ANGELO CULTURAL AFFAIRS COUNCIL (SACAC)
FOR THE PROVISION OF PROGRAMS WHICH ENCOURAGE,
DEVELOP, PROMOTE AND IMPROVE EDUCATIONAL AND
CULTURAL OPPORTUNITIES IN THE COMMUNITY, PROVIDE
PROGRAMS WHICH ENCOURAGE PARTICIPATION AND
APPRECIATION OF THE ARTS, AND PROVIDE FOR THE
ADMINISTRATION OF SUBGRANTS TO QUALIFYING
ORGANIZATIONS, THROUGH FUNDING ALLOCATED FROM CITY
HOTEL OCCUPANCY TAX REVENUE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City recognizes that local government has an interest in encouraging,
developing, and promoting the arts for citizens of the community of San Angelo; and
WHEREAS, City is desirous of implementing a governmental program to foster such
development; and
WHEREAS, City does not have a governmental department in a position to presently
undertake the necessary steps to foster encouragement, promotion, improvement and application of
the arts; and
WHEREAS, City levies a tax upon hotel and motel occupancy within the City as authorized
by law for the encouragement, promotion, improvement, and application of the arts in the city; and
WHEREAS, SACAC is an established agency whose mission is to encourage, develop,
promote, and improve educational and cultural activities in San Angelo and the Concho Valley and
employs personnel and materials effective in such endeavors; and
WHEREAS, City has determined that a contract between City and SACAC will allow City to
effectively meet the objectives of the governmental arts assistance program and that SACAC can
effectively supervise those programs which promote the arts and which are funded by said hotel and
motel occupancy tax; and
WHEREAS, City has contracted with SACAC since 2008 to meet its objectives of the
governmental arts assistance program by funding SACAC with five percent (5%) of its revenues from
the Hotel Occupancy Tax, the term of the contract having expired on September 30, 2012;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN
ANGELO, TEXAS THAT:
The City Manager is hereby authorized to execute the City of San Angelo and Cultural
Affairs Council Contract with the San Angelo Cultural Affairs Council (SACAC) for a term of
two years, effective from October 1, 2012, and ending September 30, 2014, pursuant to which
SACAC will provide services to include programs which encourage, develop, promote, and
improve educational and cultural opportunities in the community; provide planning programs
which encourage participation and appreciation of the arts by all citizens of the area; and
administer subgrants to qualifying organizations with appropriate programs involving the arts.
This resolution shall be effective from and after its adoption.
PASSED and ADOPTED THIS DAY OF , 2013.
CITY OF SAN ANGELO, TEXAS
ATTEST:
Alvin New, Mayor
Alicia Ramirez, City Clerk
APPROVED AS TO CONTENT APPROVED AS TO FORM
Michael Dane Lysia H. Bowling
Assistant City Manager/Chief Financial Officer City Attorney
Page 1 of 3
City of San Angelo / San Angelo Cultural Affairs Council Contract
CITY OF SAN ANGELO AND CULTURAL AFFAIRS COUNCIL CONTRACT
STATE OF TEXAS §
COUNTY OF TOM GREEN §
This Contract between the City of San Angelo, Texas, a municipal corporation
(“City”) acting herein by and through its duly authorized Mayor, and the San Angelo Cultural
Affairs Council, a non-profit corporation (“Council”), acting herein by and through its duly
authorized President, is effective as of October 1, 2010.
WHEREAS, City, a home rule municipal corporation duly incorporated and operating
under the laws of the State of Texas and situated in Tom Green County, Texas, recognizes that
local government has an interest in encouraging, developing, and promoting the arts for citizens
of the community of San Angelo; and
WHEREAS, City is desirous of implementing a governmental program to foster such
development; and
WHEREAS, City does not have a governmental department in a position to presently
undertake the necessary steps to foster development of the arts; and
WHEREAS, City levies a tax upon hotel and motel occupancy within the City as
authorized by law for the encouragement, promotion, improvement, and application of the arts in
the city; and
WHEREAS, Council is an established agency whose mission is to encourage, develop,
promote, and improve educational and cultural activities in San Angelo and the Concho Valley
and employs personnel and materials effective in such endeavors; and
WHEREAS, City has determined that a contract between City and Council will allow
City to effectively meet the objectives of the governmental arts assistance program and that
Council can effectively supervise those programs which promote the arts and which are funded
by said hotel and motel occupancy tax;
NOW THEREFORE, Council and City, in consideration of the mutual covenants and
agreements herein contained do mutually agree as follows:
1. Operation. Council hereby agrees to perform the following services in San Angelo,
Texas, for City: provide programs which encourage, develop, promote, and improve educational
and cultural opportunities in the community; provide planning, coordinating, and promotional
services to eligible organizations and groups; provide programs which encourage participation
and appreciation of the arts by all citizens of the area; and administer subgrants to qualifying
organizations with appropriate programs involving the arts.
2. Budget. Council shall submit to the City Manager an annual operating budget for Council
for the next city fiscal year based upon the estimated revenue to be paid to Council by City out of
the Hotel and Motel Occupancy Tax and general fund as set out hereafter. Said budget shall
reflect the proposed expenditures based upon estimated revenue, to be made by Council during
said fiscal year and the purposes for which said expenditures are to be made.
3. Revenue. City agrees provide funding to Council from the Hotel and Motel Occupancy
Tax in accordance with the terms of the ordinance establishing said tax, adopted April 2, 2013,
for operation of Council to manage or supervise programs and activities, to wit: Five Percent
(5%) of the revenues distributed to the City from the Hotel and Motel Occupancy Tax.
Payments to Council shall be made monthly as said tax is received by City.
4. Use of Funds. It is expressly understood and agreed by City and Council that all funds
received from the Hotel and Motel Occupancy Tax that are paid to Council shall be used solely
for the purposes of encouraging, promoting, and developing artistic and cultural programs for
City. The hotel occupancy tax revenue may be spent for day-to-day operations, supplies,
salaries, office rental, travel expenses, and other administrative costs only if said administrative
costs are incurred directly in the encouragement, promotion, improvement, and application of the
arts of the City. Council may expend hotel-motel tax revenue on subgrants, provided however,
such subgrantee shall: make at least an annual report to the City Council of its expenditures
from the subgrant and make records of these expenditures available for review of the City
Council or other person.
5. Financial Records. Council shall maintain complete and accurate financial records of each
expenditure of the hotel occupancy tax revenue made by Council and on request of the City
Council, the City Manager, or other person, shall make the records available for inspection and
review to the City Council or other person. Hotel and Motel Tax revenue shall be maintained in
a separate account and shall not be commingled with any other revenue. The City Council may,
upon reasonable notice, audit all books and records of Council.
6. Independent Contractor. Council is hired and engaged as an independent contractor and is
not an officer, agent, or employee of City. This Contract is not intended to create a joint
enterprise. There is no direct pecuniary purpose or profit motive, but rather the purpose of this
Contract is to further the public good. Additionally, Council has the sole right to control and
manage its operations.
7. Term. This Contract shall be for a two (2) year term, beginning from its effective date
October 1, 2012 and ending September 30, 2014, unless sooner terminated.
8. Termination. It is understood and agreed that either party may terminate this Contract by
giving the other party notice in writing of said termination prior to 30 days of termination. No
funds will be advanced to Council after notice of termination is given.
9. Unspent Funds Returned. Upon termination of this Contract, the consideration paid by
City shall be prorated and returned to City.
10. Assignment. This Contract is not subject to assignment without prior written consent of
the other party.
11. Hold Harmless. Each party agrees to indemnify, save harmless, and defend the other from
any and all claims, causes of action, and damages of every kind arising from the operations of
the other, its officers, agents, and employees, carried out in furtherance of this Contract.
EXECUTED in duplicate originals this ____ day of __________, 2011.
CITY OF SAN ANGELO
By:
Daniel Valenzuela, City Manager
ATTEST:
Alicia Ramirez, City Clerk
SAN ANGELO BOARD OF CULTURAL
AFFAIRS COUNCIL
By:
President
ATTEST: Printed Name:
Secretary
APPROVED AS TO CONTENT APPROVED AS TO FORM
Michael Dane Asst. City Manager/CFO Dan T. Saluri, Sr. Asst. City Attorney
City of San Angelo
Memo
Date: May 24, 2013
To: Mayor and Councilmembers
From: Michael Dane, ACM/CFO
Subject: Agenda Item for June 18, 2013 Council Meeting
Contact: Michael Dane
Caption: Consent Agenda
A RESOLUTION OF THE CITY OF SAN ANGELO CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE SAN ANGELO
CULTURAL AFFAIRS COUNCIL (SACAC) FOR THE PROVISION OF PROGRAMS
WHICH ENCOURAGE, DEVELOP, PROMOTE AND IMPROVE EDUCATIONAL AND
CULTURAL OPPORTUNITIES IN THE COMMUNITY, PROVIDE PROGRAMS
WHICH ENCOURAGE PARTICIPATION AND APPRECIATION OF THE ARTS, AND
PROVIDE FOR THE ADMINISTRATION OF SUBGRANTS TO QUALIFYING
ORGANIZATIONS, THROUGH FUNDING ALLOCATED FROM CITY HOTEL
OCCUPANCY TAX REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE.
Summary: A contract with San Angelo Cultural Affairs Council needs to be executed in order
for the SACAC to receive and expend Hotel Occupancy Tax (HOT) according to the Code of
Ordinances Section 5.8000 through September 30, 2014. Council approved an amendment to the
HOT Ordinance on March 19, 2013, removing the exact allocation amounts thus allowing Council
more discretion and flexibility to distribute funds. The renewal contract has been revised to
include the language stating the exact percentage SACAC will receive (5%).
History: The City of San Angelo levied the Hotel Occupancy Tax for the operation of
convention facilities, the promotion of tourism, and the improvement of the arts. The SACAC
contract satisfies the promotion of tourism and improvement of the arts criteria.
Financial Impact: Fiscal year to date, $1,789,792 has been received from HOT receipts. SACAC
will receive 5% of the total receipts on a monthly basis.
Related Vision Item (if applicable): Financial Vision
Other Information/Recommendation: Staff recommends approval to extend the terms of the
contract.
Attachments: Contract and Resolution
Presentation: N/A
Publication: N/A
Reviewed by Service Area Director: Michael Dane, Finance
City of San Angelo
Memo
Date: March 5, 2012
To: Mayor and Councilmembers
From: Carl White, Parks and Recreation Director
Subject: Agenda Item for June 4, 2013 Council Meeting
Caption: Consent Agenda Item
Consideration of approving variances to the City Code for the Wakeboard
Tournament on July 19-21, 2013, at Lake Nasworthy
______________________________________________________________________________
Summary: The variances required are identical to those granted in the past and pertain to:
noise, camping and parking, permits for vendors, signs, and provisions regulating the
waters of Lake Nasworthy such as “No Wake” zones. The event will be held at Middle
Concho Park.
Authorization is also requested to allow the Interim City Manager to execute an
indemnification agreement with Specialty Sports for the event.
Financial Impact: None.
Related Vision Item (if applicable): Parks and Open Space Vision
· Increase recreation opportunities
Other Information/Recommendation: Staff recommends approval.
Attachments: Special Event Application
Supplement to the Special Event Application
Resolution
Indemnification Agreement
Participant Release Form
Presentation: None
Publication: N/A
Reviewed by Assistant City Manager: Carl White, Parks & Recreation Director, May 7, 2013
EXHIBIT A
SUPPLEMENT TO SPECIAL EVENTS PERMIT
Wake the Desert Wakeboard Tournament
July 19, 20, 21, 2013
Permit Holder: Specialty Sports, Inc., dba Ski Skellar Sports (hereinafter “SSS”),
3327 W. Wadley, Midland, TX 79707
Contact Person: Name Phone
Scott Ragan (432) 697-0427
Location of Event: Lake Nasworthy; Middle Concho Park (hereinafter “Area”)
Name of Event: Wake the Desert (hereinafter “Event”)
Date of Event: July 19-21, 2013
Set up: July 18, 8:00am through sunset
Anticipated
Attendance: 100-500 per day
Hours of
Operation: 8:00 am through sunset July 19
8:00 am through sunset July 20
8:00 am through sunset July 21
This supplement to the special event permit is issued to Ski Skellar Sports by the City of San Angelo
(hereinafter “City”) subject to the conditions and requirements set forth below.
Permitted Activities
1. SSS may conduct wakeboard events during the dates set out above.
2. SSS may operate all terrain vehicles in the Area during the Event.
3. SSS may designate and restrict access to areas for parking, camping, vendors, riders, and
spectators.
4. SSS may set up tents and signs and allow vendors in the Area subject to any regulations set out
in this Permit.
Requirements for Permit Holder (“SSS”)
1. Sanitation.
a. SSS shall provide a total of four (4) Port-A-Potties.
b. SSS will clean up Area at the conclusion of the Event.
2. Insurance and Indemnification.
a. SSS shall provide insurance as required by the City of San Angelo’s Claims Manager and
shall provide proof of such insurance.
b. As deemed appropriate by the City Attorney, SSS shall provide City with an
Indemnification Agreement executed by SSS and Releases executed by rider
participants, on forms approved by the City.
3. Vendors.
a. Vendors shall obtain all necessary health permits and shall have appropriate liability
insurance and an active Sales and Use Tax Permit.
4. Park Entrance Fees.
a. Competitors and event organizers will be provided with access passes to Middle Concho
Park at no charge for the dates of the event. Event organizer must provide the list
showing quantities of passes needed to the City by 5:00 pm, Monday, July 15, 2012.
Passes will be provided by the City to the Event Organizer by noon, Thursday, July 18,
2013.
b. Spectators at Middle Concho Park will pay $3.00/vehicle regardless of residency.
Spectators at Spring Creek Park will pay $3.00/vehicle for San Angelo residents and
$6.00/vehicle for non-San Angelo residents.
The City Manager or his designee shall have authority to require SSS to comply with the above listed
requirements and to correct any deficiencies. In case of a threat to the public health or safety, the City
Manager or his designee may suspend operations of the Event until deficiencies are corrected.
Variances: See Attachment 1 to this Exhibit.
Authority of City to Regulate Event
The City Manager or his designee shall have the authority to interpret this Permit and/or adopt new
rules during the Event to ensure public health and safety and proper use of all public right-of-ways.
EVENT SPONSOR
Print Name: Angelica Pena Date
Date: Civic Events Manager
Attachment 1 to Exhibit A
TO THE 2013 WAKEBOARD TOURNAMENT PERMIT
Exhibit 1 to Event Resolution
Variances
1) Conduct of this Event shall not constitute a violation of the City’s noise ordinances.
2) Notwithstanding City ordinances to the contrary, event Sponsor may operate all terrain
vehicles in the Area during the Event.
3) Notwithstanding City ordinances to the contrary, event Sponsor may restrict camping,
parking, and access to areas designated as restricted by event Sponsor for the duration
of the Event and during the set up period.
4) Notwithstanding City ordinances to the contrary, event Sponsor shall not be required to
obtain permits for street closure, tents, vendors (except for health permits) and signs.
5) Notwithstanding City ordinances to the contrary, flags, banners, and information signs
shall be allowed for the Event. Placement shall be coordinated with and approved by
the City Manager or his designee.
6) To the extent that conduct of this Event is in violation of the City’s ordinances regulating
activities on the public property and waters of Lake Nasworthy (including, but not limited to, “no
wake zones,” speed limits, placement of objects in the water and entrance and camping fees)
the provisions of this Permit shall constitute a variance from such regulations.
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
WHEREAS Specialty Sports, Inc., a Texas corporation, doing business as Ski
Skeller Sports, hereinafter referred to as (“Applicant” or “Indemnitor”) has applied with
the City of San Angelo hereinafter referred to as (“City” or “Indemnitee”) for permission
to conduct a special recreational and sporting event known as “Wake the Desert”
wakeboard tournament hereinafter referred to as (“Event”); at Lake Nasworthy, City of
San Angelo, Tom Green County, Texas; the use of Lake Nasworthy, including the waters
of Lake Nasworthy, the land and subdivisions of Lake Nasworthy, and the facilities of
Lake Nasworthy, Tom Green County, Texas, hereinafter collectively “the Property” or
“the Premises”; and,
WHEREAS in consideration for the granting of Applicant’s application to
conduct the Event at Lake Nasworthy from and including July 19th
through July 21st
,
2013, and including set up on July 18th
, 2013 and clean up on July 21st
, 2013, Applicant
desires to indemnify and hold the City of San Angelo harmless from any and all damages,
personal injuries, or deaths that may occur in relation to the Event;
NOW THEREFORE the undersigned stipulates, covenants, and agrees as follows:
APPLICANT AGREES TO INDEMNIFY, DEFEND, AND HOLD CITY, ITS
COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS,
AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND
HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS,
PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES,
LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR
PERSONS, INCLUDING AGENTS OR EMPLOYEES OF APPLICANT OR CITY, BY
REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO
PROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF
ANY LAW OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY
ACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF APPLICANT,
ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF APPLICANT
ITS AGENTS OR EMPLOYEES AND ANY OTHER ENTITY, AS A DIRECT OR
INDIRECT CONSEQUENCE OF ITS HOLDING OF A SPECIAL SPORTING AND
RECREATIONAL EVENT FROM AND INCLUDING JULY 19TH
THROUGH JULY
21ST
, 2013, INCLUDING SET UP ON JULY 18TH
, 2013 AND CLEAN UP ON JULY
21ST
, 2013, AT LAKE NASWORTHY, CITY OF SAN ANGELO, TOM GREEN
COUNTY, TEXAS, OR SUSTAINED IN OR UPON THE WATERS OR PREMISES
OF LAKE NASWORTHY, OR AS A RESULT OF ANYTHING CLAIMED TO BE
DONE OR ADMITTED TO BE DONE BY APPLICANT, ITS AGENTS OR
EMPLOYEES HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE
TERM OF THE PERMIT OR PERMISSION GRANTED BY CITY TO HOLD THE
DESCRIBED SPECIAL SPORTING AND RECREATIONAL EVENT FOR AS LONG
AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL
REQUIRE APPLICANT TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY
INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT.
Executed this day of , 2013.
INDEMNITOR: INDEMNITEE:
Specialty Sports, Inc. City of San Angelo, Texas
By: By:
Richard Ragan, Vice Pres. Daniel Valenzuela, City Mgr.
ATTEST: ATTEST:
By: By:
Gina Ragan, Secretary Alicia Ramirez, City Clerk
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
BETWEEN THE CITY OF SAN ANGELO TEXAS AND SKI SKELLER SPORTS
Approved as to content: Approved as to form:
John Seaton, Risk Manager Lysia H. Bowling, City Attorney.
CITY OF SAN ANGELO
WAIVER OF LIABILITY
AND
INDEMNITY AND HOLD HARMLESS AGREEMENT
In consideration for receiving permission to participate in the “WAKE THE
DESERT” wakeboard tournament and related activities (hereinafter referred to as
“Event”); the use of Lake Nasworthy, including the waters of Lake Nasworthy, the lands
and subdivisions of Lake Nasworthy, and the facilities of Lake Nasworthy, hereinafter
collectively “the Property” or “the Premises” at Lake Nasworthy, City of San Angelo,
Tom Green County, Texas, (hereinafter referred to as “Premises”) and other good and
valuable consideration, the receipt of which is hereby acknowledged, I hereby
RELEASE, WAIVE and DISCHARGE, and COVENANT NOT TO SUE the City of San
Angelo, its council members, board and commission members, officials, agents, guests,
invitees, consultants and employees (hereinafter collectively referred to as “City” or
“Releasees”) from any and all liability, claims, demands, actions and causes of action
whatsoever arising directly or indirectly out of or relating to any loss, damage, or injury,
including death, that may be sustained by me or to any property belonging to me,
WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise
while participating in such Event or related activity, or while in, on or upon the premises
where the Event and related activities are being conducted, or in transportation to or from
said premises.
To the best of my knowledge I am physically able and otherwise qualified to fully
participate in the Event. I am fully aware of the risks and hazards connected with the
activities in which I plan to participate, and I voluntarily elect to enter the premises and
participate in the Event, knowing that the activities may be hazardous to me and my
property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS
OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH,
that may be sustained by me or loss to my property as a result of being engaged in the
Event, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR
OTHERWISE.
I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the
RELEASEES from any loss, liability, damage or costs, including court costs and
reasonable attorney’s fees, that may be incurred by Releasees due to my participation in
said activity, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or
otherwise.
“WAKE OF THE DESERT” wakeboard tournament, Waiver of Liability, Indemnity and
Hold Harmless Agreement: Page 2 of 2
I UNDERSTAND THAT THE CITY OF SAN ANGELO WILL NOT BE
RESPONSIBLE FOR ANY MEDICAL COSTS ASSOCIATED WITH ANY INJURY
THAT MAY BE SUSTAINED.
It is my express intent that this Waiver of Liability and Indemnity and Hold
Harmless Agreement shall bind the members of my family and spouse (if any), if I am
alive, and my heirs, assigns and personal representative, if I am not alive, and shall be
deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the
above named Releasees. I hereby further agree that this Waiver of Liability and
Indemnity and Hold Harmless Agreement shall be constructed in accordance with the
laws of the State of Texas.
IN SIGNING THIS WAIVER OF LIABILITY AND INDEMNITY AND HOLD
HARMLESS AGREEMENT I ACKNOWLEDGE AND REPRESENT that I have read
the foregoing instrument in its entirety, that I understand it, and that I am waiving
valuable legal rights and assuming legal obligations by the execution hereof. I sign this
Waiver of Liability and Indemnity and Hold Harmless Agreement voluntarily as my free
act and deed; no oral representations, statements or inducements, apart from the content
of this agreement, have been made to me. I am at least eighteen years of age and I am
fully competent to understand and execute this agreement. I execute this Waiver of
Liability and Indemnity and Hold Harmless Agreement for full, adequate, and complete
consideration as set forth hereinabove fully intending to be bound by the same.
IN WITNESS WHEREOF, I have hereunto set my hand on this , day
of _________, 2013.
Participant’s Signature Print Participant’s full name above.
A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING
APPLICANT, SPECIALTY SPORTS, INC., DBA SKI SKELLER SPORTS,
TO HOLD A SPECIAL EVENT AT LAKE NASWORTHY KNOWN AS
“WAKE THE DESERT”; PERMITTING SPECIFIED ACTIVITIES;
IMPOSING REQUIREMENTS ON APPLICANT; AND GRANTING
VARIANCES RELATING TO RULES AND REGULATIONS OF LAKE
NASWORTHY, PARK ORDINANCES AND THE CITY NOISE
ORDINANCE
WHEREAS, Chapter 9, Article 9.100 of the Code of Ordinances for the City of San
Angelo provides that the City Council may authorize individuals or groups to hold special events
for sporting and recreational purposes at Lake Nasworthy; and,
WHEREAS, Chapter 9, Article 9.100 further provides that the City Council may
authorize temporary variances from the prohibitions and requirements of City ordinances for
such events; and,
WHEREAS, the “WAKE THE DESERT” wakeboard tournament has been an annual
sporting and recreational event at Lake Nasworthy; and,
WHEREAS, the City Council has taken into account those factors as applicable
pursuant to the ordinance providing for the granting of variances;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SAN ANGELO, TEXAS THAT:
Specialty Sports, Inc., dba Ski Skellar Sports (hereinafter Applicant), is hereby
authorized to hold a special event at Lake Nasworthy, known as “Wake the Desert”, wakeboard
tournament, on July 19th
, 20th
, and 21st
, 2013, and set up for the event on July 18th
, and clean up
after the event on July 21st
, 2013. The event may include those activities as described on that
certain “City of San Angelo-Special Event Application” and attachments thereto (hereinafter
collectively referred to as “Application”) submitted by Applicant, a copy of which is attached to
this Resolution as Exhibit A, and made a part hereof for all purposes.
The execution of an indemnification and hold harmless agreement as required by the
Director of Parks and Recreation and the requirements imposed upon the Applicant as set forth
in the Application are adopted by reference thereto and are hereby imposed upon the Applicant,
and are a condition to this authorization and to the variances granted. The variances referred to
in the Application relating to Rules and Regulations of Lake Nasworthy, Park Ordinances and
the City Noise Ordinance are hereby granted during those times when the said special event is in
progress from and including July 19, 2013 through July 21, 2013.
APPROVED AND ADOPTED ON THE DAY OF , 2013.
Signature page to follow
THE CITY OF SAN ANGELO, TEXAS
Alvin New, Mayor
Attest:
Alicia Ramirez, City Clerk
Approved As to Content: Approved As to Form:
Angelica Peña Lysia H. Bowling,
Civic Events Manager City Attorney
Attachment 1 to Exhibit A
TO THE 2013 WAKEBOARD TOURNAMENT PERMIT
Exhibit 1 to Event Resolution
Variances
1) Conduct of this Event shall not constitute a violation of the City’s noise
ordinances.
2) Notwithstanding City ordinances to the contrary, event Sponsor may operate
all terrain vehicles in the Area during the Event.
3) Notwithstanding City ordinances to the contrary, event Sponsor may restrict
camping, parking, and access to areas designated as restricted by event
Sponsor for the duration of the Event and during the set up period.
4) Notwithstanding City ordinances to the contrary, event Sponsor shall not be
required to obtain permits for street closure, tents, vendors (except for health
permits) and signs.
5) Notwithstanding City ordinances to the contrary, flags, banners, and
information signs shall be allowed for the Event. Placement shall be
coordinated with and approved by the City Manager or his designee.
6) To the extent that conduct of this Event is in violation of the City’s ordinances
regulating activities on the public property and waters of Lake Nasworthy
(including, but not limited to, “no wake zones,” speed limits, placement of
objects in the water and entrance and camping fees) the provisions of this
Permit shall constitute a variance from such regulations.
3
City of San Angelo
Memo
Date: June 6, 2013
To: Mayor and Councilmembers
From: Ricky Dickson, Water Utilities Director
Subject: Consent Item for June 18, 2013 Council Meeting
Contact: Ricky Dickson, Water Utilities Director, 657-4209
Caption: Consideration of approving a Recreational or Agricultural Lease Agreement
with Frank S. and Ginger Price for 2.616 acres of land located adjacent to the lake or river
and authorizing the City Manager or Water Utilities Director to execute the same.
Summary: Frank and Ginger Price are owners of the adjacent property and desire to enter
into a new Recreational or Agricultural Lease agreement.
Financial Impact: Lease fee will be $448.00 per year as computed on Exhibit B (attached).
Related Vision Item (if applicable): None.
Other Information/Recommendation: It is recommended that the lease be approved
and the Water Utilities Director be authorized to execute the lease. Staff recommends
approval.
Attachments: Lease Agreement and Exhibit A and B
Presentation: None.
Publication: None.
Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director,
June 6, 2013
Reviewed and Approved by City Attorney: Lysia H. Bowling, City Attorney
June 10, 203
City of San Angelo
Memo
Meeting Date: June 4, 2013
To: City Council members
From: Kevin Boyd, Planner
Subject: Z13-17: P.V. McMinn, Jr., a request for a zone change from Single-
Family Residential (RS-1) to Zero Lot Line, Twinhome and Townhouse
Residential (RS-3) to allow for townhouses, on the following property:
Location: An unaddressed 1 acre tract, located at the northwest corner of the
intersection of West Beauregard Avenue and Moritz Circle; more
specifically occupying the Clar-Mor Heights Addition, Block 1, Lots
4 - 6, in southwest San Angelo.
Purpose: Approval of this request would zone the property Zero Lot Line,
Twinhome and Townhouse (RS-3)
Contacts: P.V. McMinn, Jr., Representative 325-439-1941
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
Z13-17: P.V. McMinn, Jr.
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE
CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH
SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS,
USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND
CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An
unaddressed 1 acre tract, located at the northwest corner of the
intersection of West Beauregard Avenue and Moritz Circle. This
property specifically occupies the Clar-Mor Heights Addition, Block
1, Lots 4 - 6, in southwest San Angelo, changing the zoning
classification from Single-Family Residential (RS-1) to Zero Lot Line,
2
Twinhome and Townhouse Residential (RS-3) 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 approving the proposed zone
change request from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and
Townhouse Residential (RS-3).
Planning Commission recommended approval of this request by a vote of 6-0 on May
20, 2013.
3
History and Background:
General Information
Existing Zoning: Single-Family Residential (RS-1)
Existing Land Use: Vacant, undeveloped tract
Surrounding Zoning/Land Use:
North: Single-Family Residential (RS-1) Undeveloped residential lots,
residences, and Christ
Evangelical Lutheran Church
West: Single-Family Residential (RS-1) Single family detached housing
South: Single-Family Residential (RS-1) Single family detached housing
and Anglican Church of Good
Shepherd
East: Neighborhood Commercial (CN) HEB store, Dollar Tree, Cato
Fashion, Check Cashed Loans,
Rent-A-Center, a vacant
commercial building and First
Church of the Nazarene
Thoroughfares/Streets: West Beauregard Avenue and Moritz Circle are
identified as a ‘local streets’, designed to carry
light neighborhood traffic at low speeds.
Sherwood Way is identified as a "major arterial
street" and is 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 within the city around
1949.
As far back as 1954, the property has been zoned
Single Family Residential (RS-1).
Applicable Regulations: Allowed uses for this property can be found in
Section 310 (Use Table) of the Zoning Ordinance.
Development Standards: Residential development setbacks are outlined in
Section 501 of the Zoning Ordinance.
4
All required off-street parking and the
connection(s) to a public right-of-way are required
to be paved.
Vision Plan Map: Neighborhood
Related Comp Plan Excerpts: “Promote better transition between nearby
commercial and residential use of land and
buildings.”
"Require a buffer separating commercial,
industrial, or agricultural zoned lands from
neighborhoods."
"Promote neighborhood diversity and
security by encouraging a mix of age,
income, and housing choices within San
Angelo's neighborhoods."
"...encourage appropriate and supportive
infill development at Neighborhood
Centers."
"Promote a mix of various uses...to
encourage the necessary infill...for
Neighborhood Centers."
"Establish transition areas to better "scale-
down" intensity of use from commercial
centers to neighborhoods."
"...this [access to Neighborhood Centers]
is best achieved through clustered
commercial centers, but also through
increased access and connectivity
between the neighborhoods and their
associated Neighborhood Centers."
"...slowly reorganize commercial corridors
into clusters..."
"Create new physical connections to
neighborhoods lined with transitional and
intermediate uses."
"Variety of residential product types -
multi-family, townhomes, courtyard homes,
patio homes, etc."
5
Special Information
Traffic Concerns: Changing the zoning to a more intensive
residential district has the potential to generate
additional traffic than if the property remained as-
is.
Parking Requirements: Dwelling units require a minimum of 2 parking
spaces, per Section 511.B of the Zoning
Ordinance.
Parking Provided: No parking exists as the tract remains vacant and
undeveloped.
Density: Surrounding properties are medium commercial
and residential in nature. The Vision Plan calls for
'Neighborhood' type development for the site in
question.
Notification Required: Yes
Notifications Sent: 13
Responses in Favor: 2
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.
6
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.
Staff believes that the proposed zone change meets all of the criteria outlined, thus
recommending approval of a zone change to Zero Lot Line, Twinhome and Townhouse
(RS-3). The request is consistent with city’s plans and polices, as the Vision Plan
envisions properties west of Moritz Circle (which includes the tract in question) and
south of West Beauregard Avenue to remain designated as ‘Neighborhood’. The
category ‘Neighborhood’ fits with RS-1, RS-2, RS-3, RM-1, RM-2, MHP and MHS
zoning. Although the most common housing type is single family detached residences,
introducing higher density residential development will further diversify the area’s
housing stock – which is consistent with the intent of the Comprehensive Plan.
The request is consistent with aspects of the Zoning Ordinance. The proponent seeks a
zone change from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and
Townhome Residential (RS-3) district with plans to develop a series of townhomes on
the properties. RS-3 zoning allows for residential development to include zero lot line
dwellings, twinhomes and townhouses (Section 310 and 311, Zoning Ordinance). Some
conditional uses allowed in the district are religious institutions, safety services and
schools. Twinhomes and townhomes are also permissible in Low Rise Multifamily
Residential (RM-1) zoning but given the small size of the lots, it is not a suitable
configuration for apartment development. The tract in question is comprised of three
platted lots and meets the minimum lot area and dimension of the proposed zoning, per
501 of the Zoning Ordinance. A zone change to RS-3 will allow for lots to be further
subdivided to maximize buildable space - a minimum of 40' x 60' (2,500 sq ft.) for zero
lot line or twinhome units and 25' x 75' (1,875 sq ft.) for townhouse units, per Section
501.
While much of the residences in the area reflect low density, single family zoning, there
are two sizeable tracts, just east of the site along West Beauregard Avenue, that have
7
Low Rise Multifamily Residential (RM-1) zoning - 5.2 and 2.5 acres, respectively. The
larger of the two properties still serves as a vacant lot. The other lot is occupied by
Crestwood Terrace Apartments – which is densely developed at this time; the RM-1
zoned area is comprised of 9, two story apartments. Currently, the tract in question –
lots 4, 5 and 6 – is vacant, open space. The lots are similar in area and dimension
measure roughly 110' x 140'. The townhomes that the proponent hopes to construct will
front Moritz Circle, the rear of the buildings will be along the existing alley (see
conceptual plan below). Directly to the east of the site are several commercially zoned
properties – Neighborhood Commercial (CN), General Commercial (CG) and General
Commercial / Heavy Commercial (CH) all exist within 400 feet of the tract. Much of the
area, especially points north and northeast of the site has developed as an established
commercial corridor which began in the 1950 - 1960s with developments like the Kmart
store, now HEB. Other commercial establishments include Dollar General, Cato
Fashions, Sonic and Rent-A-Center. The proposed use is compatible with surrounding
uses and may provide an additional customer base for some of the commercial
development in the area.
This request represents changed conditions to the current Ordinance, in that, RS-1
limits residential development to single family detached housing. A zone change to RS-
3 will provide opportunities for higher density residential development. As previously
mentioned, allowed uses in a RS-3 zone are zero lot line dwellings, twinhomes and
townhouses. This request is consistent with the "Neighborhood" development
designation of the Comprehensive Plan, as such an amendment to the Vision Plan Map
of this document is not required to approve this request.
Staff expects that the proposed zone change will have minimal negative impacts on the
natural environment. While the change will allow provide a wider range of residential
development opportunities, in both scale and size, such changes are not significant.
The site is vacant, open space - no trees or other vegetation will be removed in
developing the tract. Conceivably there can be greater storm water runoffs generated
from twinhomes or townhome development, as opposed to single family detached
dwellings which typically have smaller building footprints. An internal site review
conducted by city staff will ensure that any approved project directs runoff away from
neighboring properties.
The requested zoning represents a community need. Currently RS-3 is one of the city’s
more underutilized zoning districts. Twinhomes and townhomes are ideal building types
for lots, such as the one in question – narrow strips of land that typically accommodate
single family housing but are much too small to support a multi-unit apartment complex.
These types of development are more compact (higher density) form of development, if
developed widely, poses less strain on the city’s infrastructure, compared to single
family detached housing. The change will provide a mixture of housing opportunities for
residents in the area.
8
The site boasts close proximity to major roadways and commercial development; it also
provides a nice transition between uses. The tract of land is accessible to nearby
arterials – Sherwood Way and West Avenue N / Arden Road. The requested zone
change and proposed development will offer suitable infill opportunities for a tract of
land that has serve as vacant, open space for many years. The zone change will enable
development which provides a buffer between uses, a transition from neighborhood
serving commercial to single family housing units. The location also provides close
proximity to shops and retail - within 700 feet of the HEB Supercenter and 200 feet from
Cato Fashions and Dollar Tree - which is one of the tenets of a walkable community.
This reduces the demand for automobile use and enhances the nature of the area -
further establishing places where people can live, shop and work, thus establishing
sustainable environments.
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;
Conceptual plan of phased townhome development;
Citizen Response;
Draft minutes from 05/20/13 Planning Commission meeting;
and
Draft Ordinance.
Presentation: Kevin Boyd, Planner
Reviewed by: Jeff Hintz, Interim Senior Planner (05/09/13)
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Z 13-17: P.V. McMinn Jr.
A request for a zone change from Single-Family Residential (RS-1) to Zero Lot
Line, Twinhome and Townhouse Residential (RS-3) to allow for townhouses, on
the following property:
An unaddressed 1 acre tract, located at the northwest corner of the intersection
of West Beauregard Avenue and Moritz Circle; more specifically occupying the
Clar-Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo.
Kevin Boyd, Planner, came forward to present this request, consistent with the staff
recommendation of approval. Thirteen notifications were sent out, with two received
in favor and two received in opposition to the request. The subject property was
shown on a map of the general area. To the west and south of the subject property
is a low-density neighborhood, and to the east and north of the subject property is a
large commercial node stemming from the intersection of Sherwood Way and West
Avenue N. A map denoting the notifications received in favor and opposition was
shown. A conceptual plan, while not required for the application, was shown as
provided by the applicant. Mr. Boyd described the configuration of the lots and the
need for diversification of the residential offerings in this area as outlined in the
Comprehensive Plan. There are opportunities for transition into the neighborhood
which this development could provide. Currently, the intensive commercial
properties are separated from the neighborhood by a vacant half-block.
Bill Wynne asked questions about the minimum lot sizes and density that would be
allowed.
P.V. McMinn came forward to speak in favor of this request. Mr. McMinn looked at
this property in 1979 for this type of development, but at that time, the church owned
the property. Mr. McMinn purchased the property recently in order to make another
effort to develop the property in a way that would provide a transition between the
strip center and the nearby neighborhood.
Gerald Toole, a resident of Moritz Circle, came forward to speak in opposition to the
request and explained that the density of the property is his main concern, in
addition to the traffic that would be generated by the development. Ms. Fawver
explained that the zoning change application, by ordinance, does not require a site
plan to be submitted. The zone change procedure is intended to pose the question
of whether or not the type of zoning is appropriate for the lots in question, and the
site planning is outside the jurisdiction of this Commission. So long as the site
planning and arrangement of structures is done in a way which follows the
ordinance, there are a wide variety of ways which the layout may be configured.
Neither the staff, Ms. Fawver explained, nor the Planning Commission may place
conditions on the application, to limit it to a single arrangement or site plan.
______ George, a resident to the west of the subject property, came forward to
speak in opposition to the request. His opposition was based largely on the traffic
generated and the impact on property values in this area. The transition, he felt, was
not an appropriate one.
Belinda and Alex Vega came forward to speak in opposition to this request. They
are directly across the street from the proposal and find the request to be
inconsistent with the development in that area. Traffic and unknown neighbors are
of concern to them and their family. Their home has a high value and as such, they
want to preserve that. They were unable to think of any benefits to the area that
could be provided by development of this location and stated that there were a
variety of other sites that would be more appropriate for this type of building.
There was no other public comment.
Joe Grimes spoke and shared that the exact type of setup was one that was
successful in the vicinity of Bentwood Country Club, where property values are quite
high.
Bill Wynne mentioned that he had constructed townhomes in southwest San Angelo
and that the people who tended to move into townhomes are generally couples,
retirees, and people who generally wanted to downsize their home and property.
Ryan Smith mentioned that he has seen situations where this type of development
has also increased adjacent property values.
Bill Lawrence mentioned that this site has not yet found the best use for it and that
this appears to be an appropriate fit based on the factors outlined in the staff report
and observation of the area.
Motion, to approve as presented, was made by Ryan Smith and seconded by Joe
Grimes. The motion passed unanimously, 6-0.
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 1 acre tract, located
at the northwest corner of the intersection of West Beauregard Avenue
and Moritz Circle. This property specifically occupies the Clar-Mor
Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo,
changing the zoning classification from Single-Family Residential (RS-1)
to Zero Lot Line, Twinhome and Townhouse Residential (RS-3) District;
PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
RE: Z 13-17: P.V. McMinn, Jr.
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: An
unaddressed 1 acre tract, located at the northwest corner of the intersection of West
Beauregard Avenue and Moritz Circle. This property specifically occupies the Clar-
Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo, shall henceforth be
permanently zoned as follows: Zero Lot Line, Twinhome and Townhouse Residential
(RS-3) District.
The Director of Planning is hereby directed to correct zoning district maps in the office of the
Director of Planning, to reflect the herein described changes in zoning.
SECTION 2: That in all other respects, the use of the hereinabove described
property shall be subject to all applicable regulations contained in Chapter 12 of the Code of
Ordinances for the City of San Angelo, as amended.
SECTION 3: That the following severability clause is adopted with this amendment:
SEVERABILITY:
The terms and provisions of this Ordinance shall be deemed to be severable in that,
if any portion of this Ordinance shall be declared to be invalid, the same shall not
affect the validity of the other provisions of this Ordinance.
SECTION 4: That the following penalty clause is adopted with this amendment:
PENALTY:
Any person who violates any provisions of this article shall be guilty of a
misdemeanor and, upon conviction, shall be subject to a fine as provided for in
Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of
such violation shall constitute a separate offense.
INTRODUCED on the 4th day of June, 2013 and finally PASSED, APPROVED AND
ADOPTED on this the 18th day of June, 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
City of San Angelo
Memo
Meeting Date: June 4, 2013
To: Planning Commission members
From: Roxanne Johnston, Planner
Subject: Z13-18: Loren Edwards, a request for approval of a zone change
from Ranch & Estate (R&E) to Heavy Commercial (CH) to allow for
activities allowed within CH zoning districts on the following
property:
Location: 4398 Jackrabbit Trail; located approximately 1,390 feet southeast from
the intersection at Jackrabbit Trail and South Chadbourne Street. This
property specifically occupies the Concho River Estates, 2.4170 Acres
in Tract 19-B, south central San Angelo.
Purpose: Approval of this request would designate the subject property as a
Heavy Commercial (CH) Zoning District.
Contacts: Loren Edwards 325-763-4967
Roxanne Johnston, 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 13-18: Loren Edwards
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June 18, 2013 Agenda packet

  • 1. City Council Agenda Page 1 of 5 June 18, 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, June 18, 2013 McNease Convention Center, 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. Proclamation “Small Business Week”, week of June 17-21, 2013, to be accepted by Dave Erickson, Small Business Development Center Director D. Recognitions “Monte Maxwell”, Organist, United States Naval Academy, Performing at the First Christian Church, Thursday, June 20, 2014 at 7:00 p.m. Texas Association of Municipal Information Officers State Conference on June 7 awarded to the Public Information Office for Best Use of Social Media, 2nd Place, and Best Media Relations, 3rd Place E. Public Comment The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment. II. CONSENT AGENDA 1. Consideration of approving the June 4, 2013 City Council Regular meeting minutes 2. Consideration of adopting a Resolution authorizing the City Manager to execute a contract with the San Angelo Cultural Affairs Council (SACAC) for the provision of programs which encourage, develop, promote and improve educational and cultural opportunities in the community, provide programs which encourage participation and appreciation of the arts, and provide for the administration of subgrants to qualifying organizations, through funding allocated
  • 2. City Council Agenda Page 2 of 5 June 18, 2013 from city hotel occupancy tax revenue; and providing for an effective date (submitted by Assistant City Manager/Chief Financial Officer Michael Dane) 3. Consideration of adopting a Resolution authorizing applicant, Specialty Sports, Inc., DBA Ski Skeller Sports, to hold a special event at Lake Nasworthy known as “Wake the Desert”; permitting specified activities; imposing requirements on applicant; and granting variances relating to rules and regulations of Lake Nasworthy, Park Ordinances and the City’s Noise Ordinance (Submitted by Civic Events Manager Angelica Pena) 4. Consideration of approving a Recreational or Agricultural Lease Agreement (Price) for 2.616 acres of land located adjacent to the lake or river and authorizing the City Manager or Water Utilities Director to execute the same (submitted by Water Utilities Director Ricky Dickson) 5. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z13-17: P.V. McMinn, Jr. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 1 acre tract, located at the northwest corner of the intersection of West Beauregard Avenue and Moritz Circle. This property specifically occupies the Clar-Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and Townhouse Residential (RS-3) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 6. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-18: Loren Edwards 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: 4398 Jackrabbit Trail; located approximately 1,390 feet southeast from the intersection at Jackrabbit Trail and South Chadbourne Street; property specifically occupies the Concho River Estates, 2.4170 Acres in Tract 19-B, south central San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a Heavy Commercial (CH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 7. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-12: NE Interests- Charlie Nicholas 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 of land; specifically occupying 15.00 acres of land out of the Deaf & Dumb Asylum Lands Survey 2, Abstract 82. This property occupies a proposed Final Plat of the Boulevard San Angelo, Section 2, Block D, Lot 1 in far southwest San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a High Rise Multifamily Residential (RM-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
  • 3. City Council Agenda Page 3 of 5 June 18, 2013 8. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z13-16: OK Holdings, LLC AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 5 acre tract, located approximately 900 feet northwest of the intersection of Link Road and Christoval Road. This property specifically occupies the Concho River Estates, proposed Lot 35B, in southern San Angelo, changing the zoning classification from Heavy Commercial (CH) to Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 9. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-19: Rocky Spoonts 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: 815 South Abe Street, located on the northwest corner of the intersection of South Abe Street and West Washington Avenue. This property specifically occupies the Park Heights addition, Block 16, east 145 feet of lots 9-10, and the south 37 feet of the east 145 feet of Lot 8 in central San Angelo, changing the zoning classification from Low Rise Multi-Family Residential (RM-1) to Office Commercial (CO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 10. Second Hearing and consideration of adopting an Ordinance authorizing abandonment of public right- of-way for Ellis Street extending approximately 315’ east/westward between Blocks 5 & 6 of the Eastland Heights Addition, immediately adjacent to property owned by a railroad company in north central San Angelo AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 42’ wide portion of the unimproved public right-of-way for Ellis Street, extending approximately 315’ eastward between Blocks 5 & 6 of the Eastland Heights Addition, immediately adjacent to property owned by a railroad company in north central San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS III. REGULAR AGENDA: F. EXECUTIVE/CLOSED SESSION Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open under the following sections: • Section 551.072 to deliberate the purchase, exchange, lease, or value of real property • Section 551.071(2) to consult with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter
  • 4. City Council Agenda Page 4 of 5 June 18, 2013 G. PUBLIC HEARING AND COMMENT 11. Consideration of adopting a Resolution authorizing the renaming “Rio Vista Park” located at the 2700 block of Ben Ficklin Road as “Jaime Padron Memorial Park”, in honor of Jaime Padron, pursuant to the recommendation of the City of San Angelo Parks and Recreation Advisory Board (Presentation by Parks and Recreation Director Carl White) 12. Consideration of approving an amendment to Vision Plan Component of the San Angelo Comprehensive Plan update adopted in 2009, specifically properties situated south and east from the intersection of Dan Hanks Lane and South Chadbourne Street and extending eastward on the south side of South Chadbourne Street, continuing to Old Eola Road, then southwards along South Loop 306, encompassing the existing city limits and properties situated just outside the current city limits in the far southeast portion of San Angelo (Presentation by Interim Senior Planner Jeff Hintz) 13. Public Hearing to receive public comments for and against annexation 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) 14. Public Hearing to receive citizen input on requested projects to be considered for funding with Grant Year 2013 Community Development Block Grant and HOME Investment Partnerships Grant funds from the U.S. Department of Housing and Urban Development and discussion and deliberation on funding allocations for said funds (Presentation by Neighborhood and Family Services Director Bob Salas) 15. Discussion on City of San Angelo Code of Ordinances Sec. 8.105: Noise From a Motor Vehicle regarding enforcement measures of loud stereo music emitting from vehicles (Requested by Councilmember Silvas and presentation by Police Chief Tim Vasquez) 16. Discussion and possible action regarding the Fiscal Year 2013-2014 Budget preparation (Presentation by Budget Manager Morgan Chegwidden) 17. Update and presentation regarding the Hickory Aquifer Water Supply Project (Presentation by Water Utilities Director Ricky Dickson) 18. Update and presentation regarding the status and progress of the Housing Committee and subcommittees in reference to Multi-Family Living, Single Family Living, and Temporary Housing in the form of Campgrounds/RV Parks and Extended Stay situations as directed by City Council at the April 2, 2013 Joint Session with the Planning Commission (Presentation by City Manager Daniel Valenzuela and Assistant City Manager/Chief Financial Officer Michael Dane) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 19. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed 20. Consideration of approving a Board nomination by Council and designated Councilmember: a. Planning Commission: Mark Crisp (SMD2) to an unexpired January 2014 21. Announcements and consideration of Future Agenda Items Special City Council Meeting on June 25, 2013 at 9:00 A.M.
  • 5. City Council Agenda Page 5 of 5 June 18, 2013 22. Adjournment The City Council reserves the right to consider business out of the posted order, and at any time during the meeting, reserves the right to adjourn into executive session on any of the above posted agenda items which are not listed as executive session items and which qualify to be discussed in closed session under Chapter 551 of the Texas Government Code. Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Tuesday, June 11, 2013, at 5:00 P.M. /s/________________________ Alicia Ramirez, City Clerk
  • 6. For immediate release June 12, 2013 City’s Public Information Office wins 2 statewide awards The City of San Angelo’s Public Information Office won two statewide awards for its use of social media and its working relationship with the media at the annual conference of the Texas Association of Municipal Information Officers on June 7. San Angelo garnered a second-place trophy for Best Use of Social Media, finishing behind the City of Austin’s Twitter feed, and a third-place award for Best Media Relations, topped by only Austin and Temple. “Brian Groves, our multimedia coordinator, and I were pleased to be recognized by our peers statewide,” Public Information Officer Anthony Wilson said. “Even more exciting were the many ideas we returned home with regarding how we can better and more proactively communicate with our citizens.” The City Council will recognize the achievement at its June 18 meeting. Social media has increasingly become an important communication tool for the City of San Angelo, which has a Facebook page (facebook.com/CityofSanAngeloTexas) with more than 7,800 followers, a Twitter account (@CityofSanAngelo) with nearly 1,500 followers, and a YouTube channel (youtube.com/CityofSanAngeloTx) with more than 410,000 views. San Angelo’s Facebook following is greater than that of the cities of Austin, Dallas, Fort Worth, El Paso and Arlington. The City’s Public Information Office has managed to cultivate its social media following with only two employees – one of the smallest staffs represented at the TAMIO conference. TAMIO’s awards competition attracted more than 180 entries across 24 categories. An affiliate of the Texas Municipal League, TAMIO provides professional development for public information officers and promotes an active cooperation and an exchange of information and ideas among its membership. ### Public Information Division Anthony Wilson, Public Information Officer 72 W. College Ave. Office: 325.481.2727 Cell: 325.234.0014 anthony.wilson@cosatx.us
  • 7. P R O C L A M A T I O N WHEREAS, Monte Maxwell, Chapel Organist, Director of Chapel Music and the Midshipmen Symphony Orchestra, began his service at the United States Naval Academy in 1997; and WHEREAS, Mr. Maxwell, a native of San Angelo, Texas, earned his Bachelor of Music Degree from Texas Christian University, Fort Worth, studying with Emmet G. Smith; then invited to study at the Curtis Institute of Music with John Weaver where he received an Artist Diploma, Curtis' highest degree; and earned his Master of Music Degree from the Juilliard School of Music in New York City, also studying with John Weaver; and while studying in Philadelphia, Mr. Maxwell was an Associate Organist at the John Wanamaker Store, playing the famed six-manual organ, the largest playing organ in the world; and WHEREAS, At the Naval Academy, Mr. Maxwell serves as the principal organist for the Protestant and Catholic services as well as playing for weddings, memorial services, funerals, and performances throughout the year; and WHEREAS, Mr. Maxwell will be performing at the First Christian Church on Thursday, June 20, 2013, at 7:00 P.M. NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby recognize and applaud “Monte Maxwell” for his dedicated commitment and offering of artistic gift to all of San Angelo and the surrounding community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 20th day of June, 2013. THE CITY OF SAN ANGELO ___________________________ Charlotte Farmer Mayor Pro Tempore
  • 8. PROCLAMATION WHEREAS, Small business owners are dynamic people with new innovations and ideas building America’s future. There are approximately 27.9 million small businesses in America today, which have created up to 64% of net new jobs in the country, make up 98% of all U.S. exporters, and with their innovation, creativity and ability to bring new products to market quickly, small businesses are the showstoppers of the national economy; and WHEREAS, Small businesses make a tremendous contribution to our nation’s economic well- being and overall quality of life. Small businesses, which represent about half of the private-sector economy and more than 99 percent of all businesses, were at the core of expansion, which saw output, business income, and profits rise while business bankruptcies and unemployment declined. The San Angelo small business community continues to help strengthen the overall economy, and provide job opportunities; and WHEREAS, “National Small Business Week 2013” provides an opportunity to recognize excellence in entrepreneurship and to salute and honor the accomplishments of small business owners. NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim the week of June 17-21, 2013 as “SMALL BUSINESS WEEK” throughout the City, and urge all citizens to join in saluting all of our City’s small business owners, while acknowledging that our nation’s economic engines are fueled by the hard work, determination and ingenuity of America’s entrepreneurs. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 18th day of June, 2013. THE CITY OF SAN ANGELO ______________________________ Charlotte Farmer Mayor Pro Tempore
  • 9. CITY COUNCIL MINUTE RECORD The City of San Angelo Page 565 Tuesday, June 4, 2013 Vol. 104 OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:02 A.M., Tuesday, June 4, 2013, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized members of the Council, to-wit: Mayor, Alvin New Councilmember Paul Alexander Councilmember Marty Self Councilmember Johnny Silvas Councilmember Don Vardeman Councilmember Kendall Hirschfeld Councilmember Charlotte Farmer were present and acting, thus constituting a quorum. Whereupon, the following business was transacted: An invocation was given by Councilmember Farmer and pledge was led by Hannah Robinson, 5th Grader at Cornerstone Christian School. PROCLAMATIONS AND RECOGNITIONS Mr. & Mrs. Bennie Jackson, July 13, 2013, 50th Wedding Anniversary, will be presented to Mrs. Bennie Jackson. The City of San Angelo Finance/Budget Division for receiving the Government Finance Officers Association’s (GFOA) Distinguished Budget Presentation Award, to be accepted by Budget Manager Morgan Chegwidden, and Senior Budget Analyst Laura Brooks. PUBLIC COMMENT Public comments were made by Citizen Jim Turner regarding the City’s website address and related changes. He also expressed his concerns on how information is released and displayed to the public. CONSENT AGENDA APPROVAL OF THE MAY 21, 2013 CITY COUNCIL REGULAR MEETING MINUTES AWARD OF BID(S) AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY RELATED DOCUMENTS: TR-01-13: Traffic Signs and Blanks; Vulcan Signs (Foley, AL) primary supplier, and Safeway Signs (Adelanto, CA) or Pathmark Traffic Products (San Marcos, TX) alternate suppliers, $35,000.00 VM-05-13: Auto Body Repair Service; Santellano’s Collision, Pardner’s Body Shop, Shirley Auto Repair, Hargraves’ Truck and Equipment, J&T’s Welding, and Century Trailer (all from San Angelo, TX); $75,000.00 WU-11-13: Water Utilities Inventory Supplies, Benmark Supply (Midland, TX), HD SupplyWaterworks (San Angelo, TX), Morrison Supply(San Angelo, TX), and Western Industrial Supply(Odessa, TX), Various Quotes CONSIDERATION OF AWARDING BID ES-02-13 FOR THE 2013 MILL & OVERLAY PROJECT TO REECE ALBERT, INC. (SAN ANGELO, TX), IN SUBSTANTIALLY THE ATTACHED FORM, IN THE
  • 10. Page 566 Minutes Vol. 104 June 4, 2013 AMOUNT OF $1,319,556.23, AND AUTHORIZING THE CITY MANAGER TO EXECUTE RELATED DOCUMENTS (DISCUSSED IN REGULAR AGENDA) 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 OR TAX WARRANT: (Page 575, #2013-06-082) 28 W 13th Street, (Jones), Lot 14 & W 25' of 15, Block 61, Miles Addition, $4,200, Suit No. B-99-0038-T Next to 2002 Brown Street, (Orona), N 75’ of Lot 11, Block 2, Home Acres, $1,200, Suit No. B-07-0113-T 21 W 9th Street, (DeLaughter), Lot 6, Block 30, Miles, $1,500, Suit No. B-96-0220-T 25 W 9th Street, (DeLaughter), Lot 7, Block 30, Miles, $1,500, Suit No. B-96-0203-T ADOPTION OF A RESOLUTION RATIFYING THE APPLICATION AND CONTRACT FOR, AND ACCEPTING, IF AWARDED, ADDITIONAL FY2014 TEXAS DEPARTMENT OF STATE HEALTH SERVICES, REGIONAL LOCAL SERVICES SYSTEM (RLSS)/LOCAL PUBLIC HEALTH SERVICES (LPHS) GRANT FUNDS IN THE AMOUNT OF $20,000.00, TO ADDRESS PUBLIC HEALTH IMMUNIZATION AND DISEASE PREVENTION ACTIVITIES AND SERVICES (Page 577, #2013-06-083) ADOPTION OF A RESOLUTION AUTHORIZING THE RELEASE OF AN EAST/WEST RUNNING UTILITY EASEMENT IN THE BLUFFS ADDITION, THIRD REPLAT IN SECTION 28, BLOCK 44, TRACT H, BEING LOT 1A IN SOUTHWEST SAN ANGELO (Page 579, #2013-06-084) CONSIDERATION OF APPROVING THE PARKS AND RECREATION ADVISORY BOARD’S RECOMMENDATION TO WAIVE FEES FOR THE TEXAS WEST LITTLE LEAGUE STATE TOURNAMENT, JULY 5-7, 2013 AND JULY 18-21, 2013 AT THE TEXAS BANK SPORTS COMPLEX. (DISCUSSED IN REGULAR AGENDA) APPROVAL OF VARIANCES TO THE CITY CODE FOR THE 7TH ANNUAL DRAG BOAT RACES ON JUNE 21-23, 2013, AT LAKE NASWORTHY ADOPTION OF A RESOLUTION BY THE CITY OF SAN ANGLEO, TEXAS (“CITY”), APPROVING AND ADOPTING RATE SCHEDULE “RRM – RATE REVIEW MECHANISM” FOR ATMOS ENERGY CORPORATION, MID-TEX DIVISION TO BE IN FORCE IN THE CITY FOR A PERIOD OF TIME AS SPECIFIED IN THE RATE SCHEDULE; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY (Page 581, #2013-06-085) ADOPTION OF A RESOLUTION APPOINTING ELECTION OFFICIALS FOR THE RUNOFF ELECTION TO BE HELD ON JUNE 15, 2013; AND PROVIDING FOR AN EFFECTIVE DATE (Page 585, #2013-06- 086) SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2012-2013 BUDGET FOR GRANTS, NEW PROJECTS AND INCOMPLETE PROJECTS (Page 589, #2013-06-087) AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS, INCOMPLETE PROJECTS, CAPITAL PROJECTS, AND GRANTS
  • 11. Minutes Page 567 June 4, 2013 Vol. 104 Motion, to approve the Consent Agenda, as presented, with the exception of BID ES-02-13 and Parks and Recreation Advisory Board’s Recommendation, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Motion carried unanimously. REGULAR AGENDA: PUBLIC HEARING AND COMMENT AWARD OF BID ES-02-13 FOR THE 2013 MILL & OVERLAY PROJECT TO REECE ALBERT, INC. (SAN ANGELO, TX), IN SUBSTANTIALLY THE ATTACHED FORM, IN THE AMOUNT OF $1,319,556.23, AND AUTHORIZING THE CITY MANAGER TO EXECUTE RELATED DOCUMENTS Interim City Engineer Tim Wolff presented background information and explained the mill and overlayprocess and named the streets considered under the bid project. Motion, to award the bid, as presented, was made by Councilmember Alexander and seconded by Councilmember Farmer. Motion carried unanimously DENIAL OF THE PARKS AND RECREATION ADVISORY BOARD’S RECOMMENDATION TO WAIVE FEES FOR THE TEXAS WEST LITTLE LEAGUE STATE TOURNAMENT, JULY 5-7, 2013 AND JULY 18-21, 2013 AT THE TEXAS BANK SPORTS COMPLEX; AND DIRECTION FOR STAFF TO ESTABLISH CRITERIA GUIDELINES FOR FUTURE REQUESTS Recreation Manager Maryann Vasquez presented background information and informed the variances were based on economic impact in comparison to the fees that would be assessed. General discussion was held on the economic impact of the event, the precedence may be created by this approval, the probabilityto continue to host future tournaments, the possibly of offering sign-on bonuses for future tournaments, the profits to the entity after receiving in-kind services, and forgoing the City’s percentage on the concessionaire services. Further discussion was held with Parks and Recreation Board Chairperson AJ Turner regarding the Convention and Visitor’s Bureau Sports Board and their support of the proposal. City Manager Daniel Valenzuela suggested staff establish a criterion for future requests. Motion, to approve the recommendation for $14,618.75, as presented, was made byCouncilmember Silvas and seconded by Councilmember Hirschfeld. AYE: Silvas and Hirschfeld. NAY: New, Self, Alexander, and Farmer. Motion failed 2-4. Mayor New commented on the City’s investments on the complex, the need to generate revenue to support the venue, setting a negative precedence, and establishing a set of guidelines on such requests. Responding to a question from Councilmember Silvas, Ms. Vasquez stated the tournament is set and posted on their website. Responding to a question from Councilmember Hirschfeld, Ms. Vasquez stated the agreed upon commitments included assistance with the mounds, number of motel rooms, number of volunteers to work tournament, vendor fee (CVB money), and concessions. He recommended approving what was negotiated. Ms. Vasquez informed the following was not included in initial negotiations: Field rental = $3,493.75 17 fields of varying numbers over 4 days) Field Services = 4,800.00 4 people x $20/hour x 60 hours) Gate Fees = $2400.00 If gate is charged; fees applicable 4 gates x $150 x 4 days 20% Concessions Revenue Restroom Service = $525.00 1 person at $15/hour x 35 hours) request exclusion of this item. Responding to a question from Councilmember Farmer, Ms. Vasquez stated the street closure was requested due to tournament sponsors charging for parking, including two uniformed police officers on staff. Mr. Turner added medical personnel would also be available on site.
  • 12. Page 568 Minutes Vol. 104 June 4, 2013 Mayor New recalled Council’s prior discussion to provide assistance on a first time event; however, the Cityhas not secured a future event with the applicant. Therefore, he suggested establishing a criteria or policyto provide future subsidy assistance. Motion, to approve ½ of the requested assistance, was made by Councilmember Farmer. Motion failed due to lack of a second. Motion, to approve the requested cash assistance up to $3500.00 as a sign-on bonus contingent on the applicant returning next year, was made by Councilmember Alexander. Motion failed due to lack of a second. Responding to a question by Councilmember Farmer, Mr. Roger Havlak stated a city representative will be available to ensure the fields are prepared according to the City’s standards. Parks and Recreation Director Carl White recommended the City provide the in-kind support, and the applicant can pay for the field rental, field services, gate fees, and restroom service. He informed the applicant will receive all of the revenue generated from the tournament. Responding to a question from Councilmember Self, Mr. Turner stated this is the first year for the City to host this even and the applicant is seeking a home for future tournaments. He noted once the first year is established and income and expenses are calculated, then a better forecast would be available for hosting entity to commit or sign a 3 to 5 year contract. Motion, to approve, as presented, was made by Councilmember Silvas. Motion failed due to the lack of a second. Motion, to approve, as presented, with the exception of the 20% commission from the concessionaire, and if the applicant agrees to return next year, then the applicant will receive the 20% as a sign-on bonus, was made by Councilmember Self and seconded by Councilmember Alexander. Councilmember Hirschfeld remarked approval of the request requires more long-term planning by staff and expressed interested in seeing the development of this endeavor. Further discussion was held on the motion on the floor. Councilmember Alexander withdrew his second. Councilmember Silvas seconded. A vote was taken on the motion on the floor. AYE: Silvas and Self. NAY: New, Alexander, Hirschfeld, and Farmer. Motion failed 2-4. In conclusion, Mayor New suggested staff establish criterion to address future requests and present such at a future meeting. RECESS At 9:58 A.M., Mayor New called a recess. RECONVENE At 10:10 A.M., Council reconvened, and the following business was transacted: APPROVAL OF 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: Lot 19, Group 2, 2029 American Legion Road (Simpson) Lot 1, Group 16, 2262 Joy Road (Furlong) Water Utilities Director Ricky Dickson presented background information. General discussion held on the requirements by the financing institutions, the ordinance language regarding the rent escalation based on appraised market value after the time period elapses, the annual rent shall equal the appraised market value of land multiplied by a factor of 0.08.
  • 13. Minutes Page 569 June 4, 2013 Vol. 104 Motion, to approve the renewals, as presented, was made by Councilmember Silvas and seconded by Councilmember Hirschfeld. Motion carried unanimously. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL LEASE AGREEMENT EXTENDING THE TERM OF A LEASE WITH THE U.S. DEPARTMENT OF HOMELAND SECURITY IMMIGRATION AND CUSTOMS ENFORCEMENT AS LESSEE, OF CERTAIN PROPERTY LOCATED AT 5575 STEWART LANE, SAN ANGELO REGIONAL AIRPORT – MATHIS FIELD (AIRPORT) (Page 593, #2013-06-088) Airport Director Luis Elguezabal presented background information. Motion, to adopt the Resolution, as presented, was made by Councilmember Farmer and seconded by Councilmember Hirschfeld. Motion carried unanimously. TABLING OF AN AMENDMENT TO VISION PLAN COMPONENT OF THE SAN ANGELO COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, SPECIFICALLY PROPERTIES SITUATED SOUTH AND EAST FROM THE INTERSECTION OF DAN HANKS LANE AND SOUTH CHADBOURNE STREET AND EXTENDING EASTWARD ON THE SOUTH SIDE OF SOUTH CHADBOURNE STREET, CONTINUING TO OLD EOLA ROAD, THEN SOUTHWARDS ALONG SOUTH LOOP 306, ENCOMPASSING THE EXISTING CITY LIMITS AND PROPERTIES SITUATED JUST OUTSIDE THE CURRENT CITY LIMITS IN THE FAR SOUTHEAST PORTION OF SAN ANGELO Interim Senior Planner Jeff Hintz noted the proponent requested the item be postponed to a future meeting. Motion, to table the item, was made byCouncilmember Farmer and Councilmember Hirschfeld. Motion carried unanimously FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO Z13-17: P.V. McMinn, Jr. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 1 acre tract, located at the northwest corner of the intersection of West Beauregard Avenue and Moritz Circle. This property specifically occupies the Clar-Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo, changing the zoning classification from Single- Family Residential (RS-1) to Zero Lot Line, Twinhome and Townhouse Residential (RS-3) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Interim Senior Planner Jeff Hintz presented background information. A copy of the report/presentation is part of the Permanent Supplemental Record. General discussion was held on the drainage of the area and staff’s process to follow up on letters of opposition. Motion, to introduce the Ordinance, as presented, was made by Councilmember Farmer and seconded by Councilmember Silvas. Motion carried unanimously. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO Z 13-18: Loren Edwards 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
  • 14. Page 570 Minutes Vol. 104 June 4, 2013 COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 4398 Jackrabbit Trail; located approximately 1,390 feet southeast from the intersection at Jackrabbit Trail and South Chadbourne Street; property specifically occupies the Concho River Estates, 2.4170 Acres in Tract 19-B, south central San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a Heavy Commercial (CH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Interim Senior Planner Jeff Hintz presented background information. A copy of the report/presentation is part of the Permanent Supplemental Record. Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Silvas. Motion carried unanimously. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO Z 13-12: NE Interests- Charlie Nicholas 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 of land; specificallyoccupying 15.00 acres of land out of the Deaf & Dumb Asylum Lands Survey 2, Abstract 82. This property occupies a proposed Final Plat of the Boulevard San Angelo, Section 2, Block D, Lot 1 in far southwest San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a High Rise Multifamily Residential (RM-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Interim Director of Development Services AJ Fawver presented background information. A copy of the report/presentation is part of the Permanent Supplemental Record. Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Motion carried unanimously. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO Z13-16: OK Holdings, LLC AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 5 acre tract, located approximately 900 feet northwest of the intersection of Link Road and Christoval Road. This property specifically occupies the Concho River Estates, proposed Lot 35B, in southern San Angelo, changing the zoning classification from HeavyCommercial (CH) to Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Interim Director of Development Services AJ Fawver presented background information. A copy of the report/presentation is part of the Permanent Supplemental Record. Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. General discussion was held on the property in relation to the city limits. A vote was taken on the motion on the floor. Motion carried unanimously.
  • 15. Minutes Page 571 June 4, 2013 Vol. 104 FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO Z 13-19: Rocky Spoonts 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: 815 South Abe Street, located on the northwest corner of the intersection of South Abe Street and West Washington Avenue. This property specifically occupies the Park Heights addition, Block 16, east 145 feet of lots 9-10, and the south 37 feet of the east 145 feet of Lot 8 in central San Angelo, changing the zoning classification from Low Rise Multi-Family Residential (RM-1) to Office Commercial (CO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Interim Director of Development Services AJ Fawver presented background information. A copy of the report/presentation is part of the Permanent Supplemental Record. Motion, to introduce the Ordinance, as presented, was made by Councilmember Farmer and seconded by Councilmember Hirschfeld. General discussion was made on the historic designation of the building noting the area was not officially designated as such. Ms. Fawver informed the proponent was made aware of the designation issue. A vote was taken on the motion on the floor. Motion carried unanimously. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AUTHORIZING ABANDONMENT OF PUBLIC RIGHT-OF-WAY FOR ELLIS STREET EXTENDING APPROXIMATELY 315’ EAST/WESTWARD BETWEEN BLOCKS 5 & 6 OF THE EASTLAND HEIGHTS ADDITION, IMMEDIATELY ADJACENT TO PROPERTY OWNED BY A RAILROAD COMPANY IN NORTH CENTRAL SAN ANGELO AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 42’ wide portion of the unimproved public right-of-wayfor Ellis Street, extending approximately 315’ eastward between Blocks 5 & 6 of the Eastland Heights Addition, immediately adjacent to property owned by a railroad company in north central San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS Interim Director of Development Services AJ Fawver presented background information. A copy of the report/presentation is part of the Permanent Supplemental Record. Motion, to introduce the Ordinance, was made by Councilmember Hirschfeld and seconded byCouncilmember Farmer. General discussion was held on the future use of the property as a salvage yard and the fact that there was no opposition by nearby residences to the future use of the property. Public comment was made Citizen Sally Ayana. A vote was taken on the motion on the floor. Motion carried unanimously. FIRST PUBLIC HEARING REGARDING PUBLIC COMMENTS FOR OR AGAINST THE ANNEXING (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
  • 16. Page 572 Minutes Vol. 104 June 4, 2013 8.995 ACRE TRACT ANNEXED TO THE CITY LIMITS ON MARCH 5, 2013 THAT COMPRISES THE PROPOSED PRESTONWOOD ADDITION, SECTION TWO Interim Director of Development Services AJ Fawver presented background information noting staff was seeking public comment for or against the annexation of the property. A copy of the report/presentation is part of the Permanent Supplemental Record. Mayor New opened the floor to hear public comment. No comments were made. Mayor New closed the public comment period. APPROVAL OF A PETITION FOR A VARIANCE UNDER SEC. 11.204 (B), FROM THE REQUIREMENTS OF SEC.11.203 (E) WATER SUPPLY STAGE - DROUGHT LEVEL II REGARDING SECTION 2 (C) WATERING OF “NEW LANDSCAPE” SHALL NOT BE ALLOWED AS STATED IN SECTION 11.202 FOR “NEW LANDSCAPE.” TO FARMERS DAUGHTER Water Utilities Director Ricky Dickson presented background information. Responding to a question by Councilmember Hirschfeld, Petitioner Tam Honaker described the location for the variance between Guadalupe and Campus Streets and noted the petition, as stated, was to seek approval to water what has already been planted. Motion, to approve the variance based on Code of Ordinance Section 11.204(2)(b) & (c), as presented, was made by Councilmember Alexander and seconded byCouncilmember Hirschfeld. Motion carried unanimously. TABLING OF DISCUSSION ON THE FISCAL YEAR 2012-2013 BUDGET AS IT RELATES TO AMBULANCE FEE REVENUE Motion, to table the item, was made by Councilmember Farmer and seconded by Councilmember Self. Councilmember Hirschfeld recommended discussing the item during the budget hearing in its entirety as opposed to individual departments. A vote was taken on the motion on the floor. AYE: New, Self, Silvas, Hirschfeld, and Farmer. NAY: Alexander. Motion carried 5-1. TABLING OF DISCUSSION ON CODE OF ORDINANCE SEC. 8.105: NOISE FROM A MOTOR VEHICLE REGARDING ENFORCEMENT MEASURES OF LOUD STEREO MUSIC EMITTING FROM VEHICLES Requested by Councilmember Silvas, Council recommended tabling the item and that staff be available and present the item at a future agenda. General discussion was held on how to police the behavior. Public comment was made by Citizen Gary Gibbs regarding the enforcement of the ordinance and inquired how many citations or warnings had been issued. RECESS At 11:00 A.M., Mayor New called a recess. RECONVENE At 11:17 A.M., Council reconvened, and the following business was transacted: EXECUTIVE/CLOSED SESSION At 11:17 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 551.071 to consult with attorney on a matter in which the duty of
  • 17. Minutes Page 573 June 4, 2013 Vol. 104 the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter; Section 551.072 to deliberate the purchase, exchange, lease, or value of real property; and, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo. RECESS At 12:06 P.M., Mayor New called a recess. RECONVENE At 12:11 P.M., Council reconvened, and the following business was transacted: FOLLOW UP AND ADMINISTRATIVE ISSUES CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION APPROVAL OF THE RECOMMENDATION BY CITY OF SAN ANGELO DEVELOPMENT CORPORATION AUTHORIZING THE SALE OF PROPERTY AT THE INDUSTRIAL PARK TO SCOTT MEASUREMENT SERVICES INCORPORATED, FOR THE SALE OF 6 ACRES IN THE AMOUNT OF $17,500.00 PER ACRE Interim Economic Development Director Bob Schneeman provided background information noting the offer was made by Scott Measurement Services Incorporated and approved unanimously by the City of San Angelo Development Corporation. Motion, to approve the recommendation by City of San Angelo Development Corporation authorizing the sale of property at the Industrial Park to Scott Measurement Services Incorporated, for the sale of 6 acres in the amount of $17,500.00 per acre, was made by Councilmember Self and seconded by Councilmember Silvas. Motion carried unanimously. ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS City Manager Daniel Valenzuela distributed the proposed June 18, 2013 Agenda and solicited Council comments and suggestions. Amendment to the Vision Plan Component item Councilmember Silvas commented on the safety/security factor regarding the numbering on resident mailboxes or incorrect numbers displayed on houses. Staff advised this is handled through the United Stated Post Office. Councilmember Hirschfeld requested an update on the Housing Subcommittee. Councilmember Farmer commented on the drainage lot between Christian Village and Big Lots. Daniel Valenzuela, City Manager suggested he, Mr. Dane and Mr. Wolff meet to discuss a resolution. Ms. Farmer also requested an update on Mr. Murry’s issues regarding Grape Creek Road and 43rd Street. Mayor New announced he would not be present at the June 18th meeting. Councilmember Farmer announced she would not be present at the June 25th special meeting. Councilmember Alexander requested an update on the use of golf carts on public streets and how such use could be incorporated as special use guidelines within the ordinance at the next meeting. ADJOURNMENT Motion, to adjourn, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Motion carried unanimously. The meeting adjourned at 12:19 P.M.
  • 18. Page 574 Minutes Vol. 104 June 4, 2013 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.)
  • 19. A RESOLUTION OF THE CITY OF SAN ANGELO CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE SAN ANGELO CULTURAL AFFAIRS COUNCIL (SACAC) FOR THE PROVISION OF PROGRAMS WHICH ENCOURAGE, DEVELOP, PROMOTE AND IMPROVE EDUCATIONAL AND CULTURAL OPPORTUNITIES IN THE COMMUNITY, PROVIDE PROGRAMS WHICH ENCOURAGE PARTICIPATION AND APPRECIATION OF THE ARTS, AND PROVIDE FOR THE ADMINISTRATION OF SUBGRANTS TO QUALIFYING ORGANIZATIONS, THROUGH FUNDING ALLOCATED FROM CITY HOTEL OCCUPANCY TAX REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City recognizes that local government has an interest in encouraging, developing, and promoting the arts for citizens of the community of San Angelo; and WHEREAS, City is desirous of implementing a governmental program to foster such development; and WHEREAS, City does not have a governmental department in a position to presently undertake the necessary steps to foster encouragement, promotion, improvement and application of the arts; and WHEREAS, City levies a tax upon hotel and motel occupancy within the City as authorized by law for the encouragement, promotion, improvement, and application of the arts in the city; and WHEREAS, SACAC is an established agency whose mission is to encourage, develop, promote, and improve educational and cultural activities in San Angelo and the Concho Valley and employs personnel and materials effective in such endeavors; and WHEREAS, City has determined that a contract between City and SACAC will allow City to effectively meet the objectives of the governmental arts assistance program and that SACAC can effectively supervise those programs which promote the arts and which are funded by said hotel and motel occupancy tax; and WHEREAS, City has contracted with SACAC since 2008 to meet its objectives of the governmental arts assistance program by funding SACAC with five percent (5%) of its revenues from the Hotel Occupancy Tax, the term of the contract having expired on September 30, 2012; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS THAT: The City Manager is hereby authorized to execute the City of San Angelo and Cultural Affairs Council Contract with the San Angelo Cultural Affairs Council (SACAC) for a term of
  • 20. two years, effective from October 1, 2012, and ending September 30, 2014, pursuant to which SACAC will provide services to include programs which encourage, develop, promote, and improve educational and cultural opportunities in the community; provide planning programs which encourage participation and appreciation of the arts by all citizens of the area; and administer subgrants to qualifying organizations with appropriate programs involving the arts. This resolution shall be effective from and after its adoption. PASSED and ADOPTED THIS DAY OF , 2013. CITY OF SAN ANGELO, TEXAS ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Michael Dane Lysia H. Bowling Assistant City Manager/Chief Financial Officer City Attorney
  • 21. Page 1 of 3 City of San Angelo / San Angelo Cultural Affairs Council Contract CITY OF SAN ANGELO AND CULTURAL AFFAIRS COUNCIL CONTRACT STATE OF TEXAS § COUNTY OF TOM GREEN § This Contract between the City of San Angelo, Texas, a municipal corporation (“City”) acting herein by and through its duly authorized Mayor, and the San Angelo Cultural Affairs Council, a non-profit corporation (“Council”), acting herein by and through its duly authorized President, is effective as of October 1, 2010. WHEREAS, City, a home rule municipal corporation duly incorporated and operating under the laws of the State of Texas and situated in Tom Green County, Texas, recognizes that local government has an interest in encouraging, developing, and promoting the arts for citizens of the community of San Angelo; and WHEREAS, City is desirous of implementing a governmental program to foster such development; and WHEREAS, City does not have a governmental department in a position to presently undertake the necessary steps to foster development of the arts; and WHEREAS, City levies a tax upon hotel and motel occupancy within the City as authorized by law for the encouragement, promotion, improvement, and application of the arts in the city; and WHEREAS, Council is an established agency whose mission is to encourage, develop, promote, and improve educational and cultural activities in San Angelo and the Concho Valley and employs personnel and materials effective in such endeavors; and WHEREAS, City has determined that a contract between City and Council will allow City to effectively meet the objectives of the governmental arts assistance program and that Council can effectively supervise those programs which promote the arts and which are funded by said hotel and motel occupancy tax; NOW THEREFORE, Council and City, in consideration of the mutual covenants and agreements herein contained do mutually agree as follows: 1. Operation. Council hereby agrees to perform the following services in San Angelo, Texas, for City: provide programs which encourage, develop, promote, and improve educational and cultural opportunities in the community; provide planning, coordinating, and promotional services to eligible organizations and groups; provide programs which encourage participation and appreciation of the arts by all citizens of the area; and administer subgrants to qualifying organizations with appropriate programs involving the arts.
  • 22. 2. Budget. Council shall submit to the City Manager an annual operating budget for Council for the next city fiscal year based upon the estimated revenue to be paid to Council by City out of the Hotel and Motel Occupancy Tax and general fund as set out hereafter. Said budget shall reflect the proposed expenditures based upon estimated revenue, to be made by Council during said fiscal year and the purposes for which said expenditures are to be made. 3. Revenue. City agrees provide funding to Council from the Hotel and Motel Occupancy Tax in accordance with the terms of the ordinance establishing said tax, adopted April 2, 2013, for operation of Council to manage or supervise programs and activities, to wit: Five Percent (5%) of the revenues distributed to the City from the Hotel and Motel Occupancy Tax. Payments to Council shall be made monthly as said tax is received by City. 4. Use of Funds. It is expressly understood and agreed by City and Council that all funds received from the Hotel and Motel Occupancy Tax that are paid to Council shall be used solely for the purposes of encouraging, promoting, and developing artistic and cultural programs for City. The hotel occupancy tax revenue may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs only if said administrative costs are incurred directly in the encouragement, promotion, improvement, and application of the arts of the City. Council may expend hotel-motel tax revenue on subgrants, provided however, such subgrantee shall: make at least an annual report to the City Council of its expenditures from the subgrant and make records of these expenditures available for review of the City Council or other person. 5. Financial Records. Council shall maintain complete and accurate financial records of each expenditure of the hotel occupancy tax revenue made by Council and on request of the City Council, the City Manager, or other person, shall make the records available for inspection and review to the City Council or other person. Hotel and Motel Tax revenue shall be maintained in a separate account and shall not be commingled with any other revenue. The City Council may, upon reasonable notice, audit all books and records of Council. 6. Independent Contractor. Council is hired and engaged as an independent contractor and is not an officer, agent, or employee of City. This Contract is not intended to create a joint enterprise. There is no direct pecuniary purpose or profit motive, but rather the purpose of this Contract is to further the public good. Additionally, Council has the sole right to control and manage its operations. 7. Term. This Contract shall be for a two (2) year term, beginning from its effective date October 1, 2012 and ending September 30, 2014, unless sooner terminated. 8. Termination. It is understood and agreed that either party may terminate this Contract by giving the other party notice in writing of said termination prior to 30 days of termination. No funds will be advanced to Council after notice of termination is given. 9. Unspent Funds Returned. Upon termination of this Contract, the consideration paid by City shall be prorated and returned to City. 10. Assignment. This Contract is not subject to assignment without prior written consent of
  • 23. the other party. 11. Hold Harmless. Each party agrees to indemnify, save harmless, and defend the other from any and all claims, causes of action, and damages of every kind arising from the operations of the other, its officers, agents, and employees, carried out in furtherance of this Contract. EXECUTED in duplicate originals this ____ day of __________, 2011. CITY OF SAN ANGELO By: Daniel Valenzuela, City Manager ATTEST: Alicia Ramirez, City Clerk SAN ANGELO BOARD OF CULTURAL AFFAIRS COUNCIL By: President ATTEST: Printed Name: Secretary APPROVED AS TO CONTENT APPROVED AS TO FORM Michael Dane Asst. City Manager/CFO Dan T. Saluri, Sr. Asst. City Attorney
  • 24. City of San Angelo Memo Date: May 24, 2013 To: Mayor and Councilmembers From: Michael Dane, ACM/CFO Subject: Agenda Item for June 18, 2013 Council Meeting Contact: Michael Dane Caption: Consent Agenda A RESOLUTION OF THE CITY OF SAN ANGELO CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE SAN ANGELO CULTURAL AFFAIRS COUNCIL (SACAC) FOR THE PROVISION OF PROGRAMS WHICH ENCOURAGE, DEVELOP, PROMOTE AND IMPROVE EDUCATIONAL AND CULTURAL OPPORTUNITIES IN THE COMMUNITY, PROVIDE PROGRAMS WHICH ENCOURAGE PARTICIPATION AND APPRECIATION OF THE ARTS, AND PROVIDE FOR THE ADMINISTRATION OF SUBGRANTS TO QUALIFYING ORGANIZATIONS, THROUGH FUNDING ALLOCATED FROM CITY HOTEL OCCUPANCY TAX REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. Summary: A contract with San Angelo Cultural Affairs Council needs to be executed in order for the SACAC to receive and expend Hotel Occupancy Tax (HOT) according to the Code of Ordinances Section 5.8000 through September 30, 2014. Council approved an amendment to the HOT Ordinance on March 19, 2013, removing the exact allocation amounts thus allowing Council more discretion and flexibility to distribute funds. The renewal contract has been revised to include the language stating the exact percentage SACAC will receive (5%). History: The City of San Angelo levied the Hotel Occupancy Tax for the operation of convention facilities, the promotion of tourism, and the improvement of the arts. The SACAC contract satisfies the promotion of tourism and improvement of the arts criteria. Financial Impact: Fiscal year to date, $1,789,792 has been received from HOT receipts. SACAC will receive 5% of the total receipts on a monthly basis. Related Vision Item (if applicable): Financial Vision Other Information/Recommendation: Staff recommends approval to extend the terms of the contract. Attachments: Contract and Resolution Presentation: N/A Publication: N/A Reviewed by Service Area Director: Michael Dane, Finance
  • 25. City of San Angelo Memo Date: March 5, 2012 To: Mayor and Councilmembers From: Carl White, Parks and Recreation Director Subject: Agenda Item for June 4, 2013 Council Meeting Caption: Consent Agenda Item Consideration of approving variances to the City Code for the Wakeboard Tournament on July 19-21, 2013, at Lake Nasworthy ______________________________________________________________________________ Summary: The variances required are identical to those granted in the past and pertain to: noise, camping and parking, permits for vendors, signs, and provisions regulating the waters of Lake Nasworthy such as “No Wake” zones. The event will be held at Middle Concho Park. Authorization is also requested to allow the Interim City Manager to execute an indemnification agreement with Specialty Sports for the event. Financial Impact: None. Related Vision Item (if applicable): Parks and Open Space Vision · Increase recreation opportunities Other Information/Recommendation: Staff recommends approval. Attachments: Special Event Application Supplement to the Special Event Application Resolution Indemnification Agreement Participant Release Form Presentation: None Publication: N/A Reviewed by Assistant City Manager: Carl White, Parks & Recreation Director, May 7, 2013
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  • 30. EXHIBIT A SUPPLEMENT TO SPECIAL EVENTS PERMIT Wake the Desert Wakeboard Tournament July 19, 20, 21, 2013 Permit Holder: Specialty Sports, Inc., dba Ski Skellar Sports (hereinafter “SSS”), 3327 W. Wadley, Midland, TX 79707 Contact Person: Name Phone Scott Ragan (432) 697-0427 Location of Event: Lake Nasworthy; Middle Concho Park (hereinafter “Area”) Name of Event: Wake the Desert (hereinafter “Event”) Date of Event: July 19-21, 2013 Set up: July 18, 8:00am through sunset Anticipated Attendance: 100-500 per day Hours of Operation: 8:00 am through sunset July 19 8:00 am through sunset July 20 8:00 am through sunset July 21 This supplement to the special event permit is issued to Ski Skellar Sports by the City of San Angelo (hereinafter “City”) subject to the conditions and requirements set forth below. Permitted Activities 1. SSS may conduct wakeboard events during the dates set out above. 2. SSS may operate all terrain vehicles in the Area during the Event. 3. SSS may designate and restrict access to areas for parking, camping, vendors, riders, and spectators. 4. SSS may set up tents and signs and allow vendors in the Area subject to any regulations set out in this Permit.
  • 31. Requirements for Permit Holder (“SSS”) 1. Sanitation. a. SSS shall provide a total of four (4) Port-A-Potties. b. SSS will clean up Area at the conclusion of the Event. 2. Insurance and Indemnification. a. SSS shall provide insurance as required by the City of San Angelo’s Claims Manager and shall provide proof of such insurance. b. As deemed appropriate by the City Attorney, SSS shall provide City with an Indemnification Agreement executed by SSS and Releases executed by rider participants, on forms approved by the City. 3. Vendors. a. Vendors shall obtain all necessary health permits and shall have appropriate liability insurance and an active Sales and Use Tax Permit. 4. Park Entrance Fees. a. Competitors and event organizers will be provided with access passes to Middle Concho Park at no charge for the dates of the event. Event organizer must provide the list showing quantities of passes needed to the City by 5:00 pm, Monday, July 15, 2012. Passes will be provided by the City to the Event Organizer by noon, Thursday, July 18, 2013. b. Spectators at Middle Concho Park will pay $3.00/vehicle regardless of residency. Spectators at Spring Creek Park will pay $3.00/vehicle for San Angelo residents and $6.00/vehicle for non-San Angelo residents. The City Manager or his designee shall have authority to require SSS to comply with the above listed requirements and to correct any deficiencies. In case of a threat to the public health or safety, the City Manager or his designee may suspend operations of the Event until deficiencies are corrected. Variances: See Attachment 1 to this Exhibit. Authority of City to Regulate Event The City Manager or his designee shall have the authority to interpret this Permit and/or adopt new rules during the Event to ensure public health and safety and proper use of all public right-of-ways. EVENT SPONSOR Print Name: Angelica Pena Date Date: Civic Events Manager
  • 32. Attachment 1 to Exhibit A TO THE 2013 WAKEBOARD TOURNAMENT PERMIT Exhibit 1 to Event Resolution Variances 1) Conduct of this Event shall not constitute a violation of the City’s noise ordinances. 2) Notwithstanding City ordinances to the contrary, event Sponsor may operate all terrain vehicles in the Area during the Event. 3) Notwithstanding City ordinances to the contrary, event Sponsor may restrict camping, parking, and access to areas designated as restricted by event Sponsor for the duration of the Event and during the set up period. 4) Notwithstanding City ordinances to the contrary, event Sponsor shall not be required to obtain permits for street closure, tents, vendors (except for health permits) and signs. 5) Notwithstanding City ordinances to the contrary, flags, banners, and information signs shall be allowed for the Event. Placement shall be coordinated with and approved by the City Manager or his designee. 6) To the extent that conduct of this Event is in violation of the City’s ordinances regulating activities on the public property and waters of Lake Nasworthy (including, but not limited to, “no wake zones,” speed limits, placement of objects in the water and entrance and camping fees) the provisions of this Permit shall constitute a variance from such regulations.
  • 33. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT WHEREAS Specialty Sports, Inc., a Texas corporation, doing business as Ski Skeller Sports, hereinafter referred to as (“Applicant” or “Indemnitor”) has applied with the City of San Angelo hereinafter referred to as (“City” or “Indemnitee”) for permission to conduct a special recreational and sporting event known as “Wake the Desert” wakeboard tournament hereinafter referred to as (“Event”); at Lake Nasworthy, City of San Angelo, Tom Green County, Texas; the use of Lake Nasworthy, including the waters of Lake Nasworthy, the land and subdivisions of Lake Nasworthy, and the facilities of Lake Nasworthy, Tom Green County, Texas, hereinafter collectively “the Property” or “the Premises”; and, WHEREAS in consideration for the granting of Applicant’s application to conduct the Event at Lake Nasworthy from and including July 19th through July 21st , 2013, and including set up on July 18th , 2013 and clean up on July 21st , 2013, Applicant desires to indemnify and hold the City of San Angelo harmless from any and all damages, personal injuries, or deaths that may occur in relation to the Event; NOW THEREFORE the undersigned stipulates, covenants, and agrees as follows: APPLICANT AGREES TO INDEMNIFY, DEFEND, AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF APPLICANT OR CITY, BY REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF APPLICANT, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF APPLICANT ITS AGENTS OR EMPLOYEES AND ANY OTHER ENTITY, AS A DIRECT OR INDIRECT CONSEQUENCE OF ITS HOLDING OF A SPECIAL SPORTING AND RECREATIONAL EVENT FROM AND INCLUDING JULY 19TH THROUGH JULY 21ST , 2013, INCLUDING SET UP ON JULY 18TH , 2013 AND CLEAN UP ON JULY 21ST , 2013, AT LAKE NASWORTHY, CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS, OR SUSTAINED IN OR UPON THE WATERS OR PREMISES OF LAKE NASWORTHY, OR AS A RESULT OF ANYTHING CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY APPLICANT, ITS AGENTS OR EMPLOYEES HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THE PERMIT OR PERMISSION GRANTED BY CITY TO HOLD THE DESCRIBED SPECIAL SPORTING AND RECREATIONAL EVENT FOR AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE APPLICANT TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS
  • 34. NEGLIGENCE OR WILLFUL MISCONDUCT. Executed this day of , 2013. INDEMNITOR: INDEMNITEE: Specialty Sports, Inc. City of San Angelo, Texas By: By: Richard Ragan, Vice Pres. Daniel Valenzuela, City Mgr. ATTEST: ATTEST: By: By: Gina Ragan, Secretary Alicia Ramirez, City Clerk
  • 35. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF SAN ANGELO TEXAS AND SKI SKELLER SPORTS Approved as to content: Approved as to form: John Seaton, Risk Manager Lysia H. Bowling, City Attorney.
  • 36. CITY OF SAN ANGELO WAIVER OF LIABILITY AND INDEMNITY AND HOLD HARMLESS AGREEMENT In consideration for receiving permission to participate in the “WAKE THE DESERT” wakeboard tournament and related activities (hereinafter referred to as “Event”); the use of Lake Nasworthy, including the waters of Lake Nasworthy, the lands and subdivisions of Lake Nasworthy, and the facilities of Lake Nasworthy, hereinafter collectively “the Property” or “the Premises” at Lake Nasworthy, City of San Angelo, Tom Green County, Texas, (hereinafter referred to as “Premises”) and other good and valuable consideration, the receipt of which is hereby acknowledged, I hereby RELEASE, WAIVE and DISCHARGE, and COVENANT NOT TO SUE the City of San Angelo, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees (hereinafter collectively referred to as “City” or “Releasees”) from any and all liability, claims, demands, actions and causes of action whatsoever arising directly or indirectly out of or relating to any loss, damage, or injury, including death, that may be sustained by me or to any property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise while participating in such Event or related activity, or while in, on or upon the premises where the Event and related activities are being conducted, or in transportation to or from said premises. To the best of my knowledge I am physically able and otherwise qualified to fully participate in the Event. I am fully aware of the risks and hazards connected with the activities in which I plan to participate, and I voluntarily elect to enter the premises and participate in the Event, knowing that the activities may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me or loss to my property as a result of being engaged in the Event, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or costs, including court costs and reasonable attorney’s fees, that may be incurred by Releasees due to my participation in said activity, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise.
  • 37. “WAKE OF THE DESERT” wakeboard tournament, Waiver of Liability, Indemnity and Hold Harmless Agreement: Page 2 of 2 I UNDERSTAND THAT THE CITY OF SAN ANGELO WILL NOT BE RESPONSIBLE FOR ANY MEDICAL COSTS ASSOCIATED WITH ANY INJURY THAT MAY BE SUSTAINED. It is my express intent that this Waiver of Liability and Indemnity and Hold Harmless Agreement shall bind the members of my family and spouse (if any), if I am alive, and my heirs, assigns and personal representative, if I am not alive, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above named Releasees. I hereby further agree that this Waiver of Liability and Indemnity and Hold Harmless Agreement shall be constructed in accordance with the laws of the State of Texas. IN SIGNING THIS WAIVER OF LIABILITY AND INDEMNITY AND HOLD HARMLESS AGREEMENT I ACKNOWLEDGE AND REPRESENT that I have read the foregoing instrument in its entirety, that I understand it, and that I am waiving valuable legal rights and assuming legal obligations by the execution hereof. I sign this Waiver of Liability and Indemnity and Hold Harmless Agreement voluntarily as my free act and deed; no oral representations, statements or inducements, apart from the content of this agreement, have been made to me. I am at least eighteen years of age and I am fully competent to understand and execute this agreement. I execute this Waiver of Liability and Indemnity and Hold Harmless Agreement for full, adequate, and complete consideration as set forth hereinabove fully intending to be bound by the same. IN WITNESS WHEREOF, I have hereunto set my hand on this , day of _________, 2013. Participant’s Signature Print Participant’s full name above.
  • 38. A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING APPLICANT, SPECIALTY SPORTS, INC., DBA SKI SKELLER SPORTS, TO HOLD A SPECIAL EVENT AT LAKE NASWORTHY KNOWN AS “WAKE THE DESERT”; PERMITTING SPECIFIED ACTIVITIES; IMPOSING REQUIREMENTS ON APPLICANT; AND GRANTING VARIANCES RELATING TO RULES AND REGULATIONS OF LAKE NASWORTHY, PARK ORDINANCES AND THE CITY NOISE ORDINANCE WHEREAS, Chapter 9, Article 9.100 of the Code of Ordinances for the City of San Angelo provides that the City Council may authorize individuals or groups to hold special events for sporting and recreational purposes at Lake Nasworthy; and, WHEREAS, Chapter 9, Article 9.100 further provides that the City Council may authorize temporary variances from the prohibitions and requirements of City ordinances for such events; and, WHEREAS, the “WAKE THE DESERT” wakeboard tournament has been an annual sporting and recreational event at Lake Nasworthy; and, WHEREAS, the City Council has taken into account those factors as applicable pursuant to the ordinance providing for the granting of variances; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: Specialty Sports, Inc., dba Ski Skellar Sports (hereinafter Applicant), is hereby authorized to hold a special event at Lake Nasworthy, known as “Wake the Desert”, wakeboard tournament, on July 19th , 20th , and 21st , 2013, and set up for the event on July 18th , and clean up after the event on July 21st , 2013. The event may include those activities as described on that certain “City of San Angelo-Special Event Application” and attachments thereto (hereinafter collectively referred to as “Application”) submitted by Applicant, a copy of which is attached to this Resolution as Exhibit A, and made a part hereof for all purposes. The execution of an indemnification and hold harmless agreement as required by the Director of Parks and Recreation and the requirements imposed upon the Applicant as set forth in the Application are adopted by reference thereto and are hereby imposed upon the Applicant, and are a condition to this authorization and to the variances granted. The variances referred to in the Application relating to Rules and Regulations of Lake Nasworthy, Park Ordinances and the City Noise Ordinance are hereby granted during those times when the said special event is in progress from and including July 19, 2013 through July 21, 2013. APPROVED AND ADOPTED ON THE DAY OF , 2013. Signature page to follow
  • 39. THE CITY OF SAN ANGELO, TEXAS Alvin New, Mayor Attest: Alicia Ramirez, City Clerk Approved As to Content: Approved As to Form: Angelica Peña Lysia H. Bowling, Civic Events Manager City Attorney
  • 40. Attachment 1 to Exhibit A TO THE 2013 WAKEBOARD TOURNAMENT PERMIT Exhibit 1 to Event Resolution Variances 1) Conduct of this Event shall not constitute a violation of the City’s noise ordinances. 2) Notwithstanding City ordinances to the contrary, event Sponsor may operate all terrain vehicles in the Area during the Event. 3) Notwithstanding City ordinances to the contrary, event Sponsor may restrict camping, parking, and access to areas designated as restricted by event Sponsor for the duration of the Event and during the set up period. 4) Notwithstanding City ordinances to the contrary, event Sponsor shall not be required to obtain permits for street closure, tents, vendors (except for health permits) and signs. 5) Notwithstanding City ordinances to the contrary, flags, banners, and information signs shall be allowed for the Event. Placement shall be coordinated with and approved by the City Manager or his designee. 6) To the extent that conduct of this Event is in violation of the City’s ordinances regulating activities on the public property and waters of Lake Nasworthy (including, but not limited to, “no wake zones,” speed limits, placement of objects in the water and entrance and camping fees) the provisions of this Permit shall constitute a variance from such regulations. 3
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  • 54. City of San Angelo Memo Date: June 6, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Water Utilities Director Subject: Consent Item for June 18, 2013 Council Meeting Contact: Ricky Dickson, Water Utilities Director, 657-4209 Caption: Consideration of approving a Recreational or Agricultural Lease Agreement with Frank S. and Ginger Price for 2.616 acres of land located adjacent to the lake or river and authorizing the City Manager or Water Utilities Director to execute the same. Summary: Frank and Ginger Price are owners of the adjacent property and desire to enter into a new Recreational or Agricultural Lease agreement. Financial Impact: Lease fee will be $448.00 per year as computed on Exhibit B (attached). Related Vision Item (if applicable): None. Other Information/Recommendation: It is recommended that the lease be approved and the Water Utilities Director be authorized to execute the lease. Staff recommends approval. Attachments: Lease Agreement and Exhibit A and B Presentation: None. Publication: None. Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, June 6, 2013 Reviewed and Approved by City Attorney: Lysia H. Bowling, City Attorney June 10, 203
  • 55. City of San Angelo Memo Meeting Date: June 4, 2013 To: City Council members From: Kevin Boyd, Planner Subject: Z13-17: P.V. McMinn, Jr., a request for a zone change from Single- Family Residential (RS-1) to Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to allow for townhouses, on the following property: Location: An unaddressed 1 acre tract, located at the northwest corner of the intersection of West Beauregard Avenue and Moritz Circle; more specifically occupying the Clar-Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo. Purpose: Approval of this request would zone the property Zero Lot Line, Twinhome and Townhouse (RS-3) Contacts: P.V. McMinn, Jr., Representative 325-439-1941 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 Z13-17: P.V. McMinn, Jr. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 1 acre tract, located at the northwest corner of the intersection of West Beauregard Avenue and Moritz Circle. This property specifically occupies the Clar-Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to Zero Lot Line,
  • 56. 2 Twinhome and Townhouse Residential (RS-3) 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 approving the proposed zone change request from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and Townhouse Residential (RS-3). Planning Commission recommended approval of this request by a vote of 6-0 on May 20, 2013.
  • 57. 3 History and Background: General Information Existing Zoning: Single-Family Residential (RS-1) Existing Land Use: Vacant, undeveloped tract Surrounding Zoning/Land Use: North: Single-Family Residential (RS-1) Undeveloped residential lots, residences, and Christ Evangelical Lutheran Church West: Single-Family Residential (RS-1) Single family detached housing South: Single-Family Residential (RS-1) Single family detached housing and Anglican Church of Good Shepherd East: Neighborhood Commercial (CN) HEB store, Dollar Tree, Cato Fashion, Check Cashed Loans, Rent-A-Center, a vacant commercial building and First Church of the Nazarene Thoroughfares/Streets: West Beauregard Avenue and Moritz Circle are identified as a ‘local streets’, designed to carry light neighborhood traffic at low speeds. Sherwood Way is identified as a "major arterial street" and is 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 within the city around 1949. As far back as 1954, the property has been zoned Single Family Residential (RS-1). Applicable Regulations: Allowed uses for this property can be found in Section 310 (Use Table) of the Zoning Ordinance. Development Standards: Residential development setbacks are outlined in Section 501 of the Zoning Ordinance.
  • 58. 4 All required off-street parking and the connection(s) to a public right-of-way are required to be paved. Vision Plan Map: Neighborhood Related Comp Plan Excerpts: “Promote better transition between nearby commercial and residential use of land and buildings.” "Require a buffer separating commercial, industrial, or agricultural zoned lands from neighborhoods." "Promote neighborhood diversity and security by encouraging a mix of age, income, and housing choices within San Angelo's neighborhoods." "...encourage appropriate and supportive infill development at Neighborhood Centers." "Promote a mix of various uses...to encourage the necessary infill...for Neighborhood Centers." "Establish transition areas to better "scale- down" intensity of use from commercial centers to neighborhoods." "...this [access to Neighborhood Centers] is best achieved through clustered commercial centers, but also through increased access and connectivity between the neighborhoods and their associated Neighborhood Centers." "...slowly reorganize commercial corridors into clusters..." "Create new physical connections to neighborhoods lined with transitional and intermediate uses." "Variety of residential product types - multi-family, townhomes, courtyard homes, patio homes, etc."
  • 59. 5 Special Information Traffic Concerns: Changing the zoning to a more intensive residential district has the potential to generate additional traffic than if the property remained as- is. Parking Requirements: Dwelling units require a minimum of 2 parking spaces, per Section 511.B of the Zoning Ordinance. Parking Provided: No parking exists as the tract remains vacant and undeveloped. Density: Surrounding properties are medium commercial and residential in nature. The Vision Plan calls for 'Neighborhood' type development for the site in question. Notification Required: Yes Notifications Sent: 13 Responses in Favor: 2 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.
  • 60. 6 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. Staff believes that the proposed zone change meets all of the criteria outlined, thus recommending approval of a zone change to Zero Lot Line, Twinhome and Townhouse (RS-3). The request is consistent with city’s plans and polices, as the Vision Plan envisions properties west of Moritz Circle (which includes the tract in question) and south of West Beauregard Avenue to remain designated as ‘Neighborhood’. The category ‘Neighborhood’ fits with RS-1, RS-2, RS-3, RM-1, RM-2, MHP and MHS zoning. Although the most common housing type is single family detached residences, introducing higher density residential development will further diversify the area’s housing stock – which is consistent with the intent of the Comprehensive Plan. The request is consistent with aspects of the Zoning Ordinance. The proponent seeks a zone change from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and Townhome Residential (RS-3) district with plans to develop a series of townhomes on the properties. RS-3 zoning allows for residential development to include zero lot line dwellings, twinhomes and townhouses (Section 310 and 311, Zoning Ordinance). Some conditional uses allowed in the district are religious institutions, safety services and schools. Twinhomes and townhomes are also permissible in Low Rise Multifamily Residential (RM-1) zoning but given the small size of the lots, it is not a suitable configuration for apartment development. The tract in question is comprised of three platted lots and meets the minimum lot area and dimension of the proposed zoning, per 501 of the Zoning Ordinance. A zone change to RS-3 will allow for lots to be further subdivided to maximize buildable space - a minimum of 40' x 60' (2,500 sq ft.) for zero lot line or twinhome units and 25' x 75' (1,875 sq ft.) for townhouse units, per Section 501. While much of the residences in the area reflect low density, single family zoning, there are two sizeable tracts, just east of the site along West Beauregard Avenue, that have
  • 61. 7 Low Rise Multifamily Residential (RM-1) zoning - 5.2 and 2.5 acres, respectively. The larger of the two properties still serves as a vacant lot. The other lot is occupied by Crestwood Terrace Apartments – which is densely developed at this time; the RM-1 zoned area is comprised of 9, two story apartments. Currently, the tract in question – lots 4, 5 and 6 – is vacant, open space. The lots are similar in area and dimension measure roughly 110' x 140'. The townhomes that the proponent hopes to construct will front Moritz Circle, the rear of the buildings will be along the existing alley (see conceptual plan below). Directly to the east of the site are several commercially zoned properties – Neighborhood Commercial (CN), General Commercial (CG) and General Commercial / Heavy Commercial (CH) all exist within 400 feet of the tract. Much of the area, especially points north and northeast of the site has developed as an established commercial corridor which began in the 1950 - 1960s with developments like the Kmart store, now HEB. Other commercial establishments include Dollar General, Cato Fashions, Sonic and Rent-A-Center. The proposed use is compatible with surrounding uses and may provide an additional customer base for some of the commercial development in the area. This request represents changed conditions to the current Ordinance, in that, RS-1 limits residential development to single family detached housing. A zone change to RS- 3 will provide opportunities for higher density residential development. As previously mentioned, allowed uses in a RS-3 zone are zero lot line dwellings, twinhomes and townhouses. This request is consistent with the "Neighborhood" development designation of the Comprehensive Plan, as such an amendment to the Vision Plan Map of this document is not required to approve this request. Staff expects that the proposed zone change will have minimal negative impacts on the natural environment. While the change will allow provide a wider range of residential development opportunities, in both scale and size, such changes are not significant. The site is vacant, open space - no trees or other vegetation will be removed in developing the tract. Conceivably there can be greater storm water runoffs generated from twinhomes or townhome development, as opposed to single family detached dwellings which typically have smaller building footprints. An internal site review conducted by city staff will ensure that any approved project directs runoff away from neighboring properties. The requested zoning represents a community need. Currently RS-3 is one of the city’s more underutilized zoning districts. Twinhomes and townhomes are ideal building types for lots, such as the one in question – narrow strips of land that typically accommodate single family housing but are much too small to support a multi-unit apartment complex. These types of development are more compact (higher density) form of development, if developed widely, poses less strain on the city’s infrastructure, compared to single family detached housing. The change will provide a mixture of housing opportunities for residents in the area.
  • 62. 8 The site boasts close proximity to major roadways and commercial development; it also provides a nice transition between uses. The tract of land is accessible to nearby arterials – Sherwood Way and West Avenue N / Arden Road. The requested zone change and proposed development will offer suitable infill opportunities for a tract of land that has serve as vacant, open space for many years. The zone change will enable development which provides a buffer between uses, a transition from neighborhood serving commercial to single family housing units. The location also provides close proximity to shops and retail - within 700 feet of the HEB Supercenter and 200 feet from Cato Fashions and Dollar Tree - which is one of the tenets of a walkable community. This reduces the demand for automobile use and enhances the nature of the area - further establishing places where people can live, shop and work, thus establishing sustainable environments. 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; Conceptual plan of phased townhome development; Citizen Response; Draft minutes from 05/20/13 Planning Commission meeting; and Draft Ordinance. Presentation: Kevin Boyd, Planner Reviewed by: Jeff Hintz, Interim Senior Planner (05/09/13)
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  • 75. Z 13-17: P.V. McMinn Jr. A request for a zone change from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to allow for townhouses, on the following property: An unaddressed 1 acre tract, located at the northwest corner of the intersection of West Beauregard Avenue and Moritz Circle; more specifically occupying the Clar-Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo. Kevin Boyd, Planner, came forward to present this request, consistent with the staff recommendation of approval. Thirteen notifications were sent out, with two received in favor and two received in opposition to the request. The subject property was shown on a map of the general area. To the west and south of the subject property is a low-density neighborhood, and to the east and north of the subject property is a large commercial node stemming from the intersection of Sherwood Way and West Avenue N. A map denoting the notifications received in favor and opposition was shown. A conceptual plan, while not required for the application, was shown as provided by the applicant. Mr. Boyd described the configuration of the lots and the need for diversification of the residential offerings in this area as outlined in the Comprehensive Plan. There are opportunities for transition into the neighborhood which this development could provide. Currently, the intensive commercial properties are separated from the neighborhood by a vacant half-block. Bill Wynne asked questions about the minimum lot sizes and density that would be allowed. P.V. McMinn came forward to speak in favor of this request. Mr. McMinn looked at this property in 1979 for this type of development, but at that time, the church owned the property. Mr. McMinn purchased the property recently in order to make another effort to develop the property in a way that would provide a transition between the strip center and the nearby neighborhood. Gerald Toole, a resident of Moritz Circle, came forward to speak in opposition to the request and explained that the density of the property is his main concern, in addition to the traffic that would be generated by the development. Ms. Fawver explained that the zoning change application, by ordinance, does not require a site plan to be submitted. The zone change procedure is intended to pose the question of whether or not the type of zoning is appropriate for the lots in question, and the site planning is outside the jurisdiction of this Commission. So long as the site planning and arrangement of structures is done in a way which follows the ordinance, there are a wide variety of ways which the layout may be configured. Neither the staff, Ms. Fawver explained, nor the Planning Commission may place conditions on the application, to limit it to a single arrangement or site plan. ______ George, a resident to the west of the subject property, came forward to speak in opposition to the request. His opposition was based largely on the traffic generated and the impact on property values in this area. The transition, he felt, was not an appropriate one.
  • 76. Belinda and Alex Vega came forward to speak in opposition to this request. They are directly across the street from the proposal and find the request to be inconsistent with the development in that area. Traffic and unknown neighbors are of concern to them and their family. Their home has a high value and as such, they want to preserve that. They were unable to think of any benefits to the area that could be provided by development of this location and stated that there were a variety of other sites that would be more appropriate for this type of building. There was no other public comment. Joe Grimes spoke and shared that the exact type of setup was one that was successful in the vicinity of Bentwood Country Club, where property values are quite high. Bill Wynne mentioned that he had constructed townhomes in southwest San Angelo and that the people who tended to move into townhomes are generally couples, retirees, and people who generally wanted to downsize their home and property. Ryan Smith mentioned that he has seen situations where this type of development has also increased adjacent property values. Bill Lawrence mentioned that this site has not yet found the best use for it and that this appears to be an appropriate fit based on the factors outlined in the staff report and observation of the area. Motion, to approve as presented, was made by Ryan Smith and seconded by Joe Grimes. The motion passed unanimously, 6-0.
  • 77. 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 1 acre tract, located at the northwest corner of the intersection of West Beauregard Avenue and Moritz Circle. This property specifically occupies the Clar-Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and Townhouse Residential (RS-3) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY RE: Z 13-17: P.V. McMinn, Jr. 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: An unaddressed 1 acre tract, located at the northwest corner of the intersection of West Beauregard Avenue and Moritz Circle. This property specifically occupies the Clar- Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo, shall henceforth be permanently zoned as follows: Zero Lot Line, Twinhome and Townhouse Residential (RS-3) 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:
  • 78. 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 4th day of June, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 18th day of June, 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
  • 79. City of San Angelo Memo Meeting Date: June 4, 2013 To: Planning Commission members From: Roxanne Johnston, Planner Subject: Z13-18: Loren Edwards, a request for approval of a zone change from Ranch & Estate (R&E) to Heavy Commercial (CH) to allow for activities allowed within CH zoning districts on the following property: Location: 4398 Jackrabbit Trail; located approximately 1,390 feet southeast from the intersection at Jackrabbit Trail and South Chadbourne Street. This property specifically occupies the Concho River Estates, 2.4170 Acres in Tract 19-B, south central San Angelo. Purpose: Approval of this request would designate the subject property as a Heavy Commercial (CH) Zoning District. Contacts: Loren Edwards 325-763-4967 Roxanne Johnston, 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 13-18: Loren Edwards