Agenda Packet March 6, 2012

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, March 6, 2012
McNease Convention Center, South Meeting Room
500 Rio Concho Drive

THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.
ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH
MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE
IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,
ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.

City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. every
day for two weeks beginning on the Thursday after each meeting.

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

I. OPEN SESSION (9:00 A.M.)
A. Call to Order
B. Prayer and Pledge
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.”
C. Proclamations
“Girl Scouts Day”, March 12, 2012 and celebrating 100 years of Girl Scouting, to be accepted by Angel
Lawrence, Senior Girl Scout, Cayenne Lawrence, Brownie Girl Scout, and Holland Flage, Daisy Girl Scout
Troop 5158, first grader at Bonham Elementary
“National Nutrition Month”, March 2012, to be accepted by Betty Teston, Local Dietitian, Big Country
Academy of Nutrition & Dietetics
D. Recognition
City Manager Harold Dominguez in recognition of over eight years of service to the City of San Angelo
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 February 21, 2012 City Council Regular meeting minutes
2. Consideration of awarding bid SB-01-12 for Cold Applied Crack Sealant to EZ Seal, LLC (Van Alstyne, TX)
in an amount not exceed $111,899. 20, and authorizing the City Manager or his designee to execute any
necessary related documents
3. Consideration of approving a residential lease renewal at Lot 22, Group 9, 1926 South Concho (Gilbert); and
authorizing the Water Utilities Director to execute the same
4. Consideration of approving City representative appointments to the Concho Watermaster Advisory
Committee

City Council Agenda Page 1 of 3 March 6, 2012

5. Consideration of authorizing the City Manager to execute Change Order #1 to WU-7-10 Rio Concho
Drive Sewer Trunk Contract with Holloman Corporation in the amount of $405,339.00 for additional
work required due to differing subsurface conditions encountered in Concho Dr. and Oakes St.
6. Consideration of approving a recommendation by the Tax Increment Reinvestment Zone (TIRZ) Board
authorizing a revision to the North Angelo Redevelopment Incentives Program policy guidelines to
alter the asbestos abatement incentive to 50% matching funds incentive with the maximum TIRZ
expenditure to be $15,000.00
7. Consideration and possible action regarding a Tax Increment Reinvestment Zone (TIRZ) Board
recommendation to expend up to $10,000.00 for consultant services for updating the Letter of No
Prejudice (LONP) in order to capture value associated with the Downtown Pedestrian Improvement
Plan to be used in the future for cash match for future federal and state grants
8. Consideration of adopting a Resolution authorizing the Interim City Manager or his designee to
negotiate and execute a Memorandum of Understanding with Downtown San Angelo, Inc. (DSA)
relating to shared responsibility for funding and constructing of the Downtown Pedestrian Improvement
Plan
III. REGULAR AGENDA:
F. EXECUTIVE/CLOSED SESSION
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle
A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that
Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property
Meetings be Open, Section 551.071(1)(a) to consult with attorney on contemplated litigation and 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 on issues related to the Texas Open Meetings Act
Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or
companies with whom the City of San Angelo is conducting economic development negotiations and
which the City of San Angelo seeks to have, locate, stay or expand in San Angelo

G. PUBLIC HEARING AND COMMENT

9. Consideration of matters related to the Employee Policy Manual and any action in connection thereto
a. Discussion of and consideration of approving the new policies having or expecting to have an
increased financial impact on the City: drug testing, hiring rates of pay, callback hours, disaster
preparedness, sick leave incentive, funeral leave, and severance pay
b. Update on newly established policies approved by the City Manager
(Presentation by Human Resources Director Lisa Marley)
10. Discussion of matters related to the consolidation of the Upper Colorado River Authority Interlocal
Service Agreements into one Interlocal Service Agreement
(Presentation by City Manager Harold Dominguez)
11. Consideration of matters related to Zoning Case Z 12-02 Billy Huffman:
a. Consideration of approving the Planning Commission’s recommendation modifying a request for a
zone change from Ranch & Estate (R&E) to Heavy Commercial (CH), alternatively recommending a
zone change from Ranch & Estate (R&E) to Office Warehouse (OW)
(item continued on next Page)


b. 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 12-02: Billy Huffman
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: 1710 Cox Lane, approximately 700 feet west from the
intersection of Cox Lane and Ben Ficklin Road, specifically occupying the B & R Subdivision, Section 2,
Tract 2 in south central San Angelo, changing the zoning classification from Ranch & Estate (R&E) to
Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A
PENALTY
(Presentation by Planning Manager AJ Fawver)
12. Discussion and consideration of adopting a Resolution authorizing the City Manager to negotiate and
execute a Development and Operational Agreement for Performing Arts Campus by and between the
City of San Angelo and the San Angelo Performing Arts Coalition (SAPAC) relating to the creation
and development of a performing arts center and campus which will include the City Auditorium;
providing for management services by SAPAC; providing for the use of office space within City Hall
by SAPAC; providing for funding responsibilities of the parties; and providing for related matters
(Presentation by Assistant City Manager Elizabeth Grindstaff)
13. First public hearing and consideration of introduction of an Ordinance amending the 2011-2012
Budget
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR
NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS
(Presentation by Budget Manager Morgan Trainer)
14. Discussion of 2012-2017 Capital Improvement Plan
(Presentation by Budget Manager Morgan Trainer)
15. Discussion of posted speed limit on Foster Road from Loop 306 South Frontage Road north to the end
and any action in connection thereto
(Presentation by City Engineer Clinton Bailey)
16. Update from the Sub-Committee on Executive Search Firms for the recruitment of the City Manager
position
(Presentation by Human Resources Lisa Marley)
H. FOLLOW UP AND ADMINISTRATIVE ISSUES

17. Consideration of matters discussed in Executive/Session, if needed
18. Consideration of a Board nomination by Council and designated Councilmembers:
a. Keep San Angelo Beautiful: Jeana Fox (Mayor)
19. Consideration of Future Agenda Items
20. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter
551, Friday, March 2, 2012, at 5:00 P.M.

/x/________________________
Alicia Ramirez, City Clerk


PROCLAMATION

WHEREAS, The 100th Anniversary of the start of Girl Scouting is being celebrated
throughout our nation on Monday, March 12; and,

WHEREAS, The San Angelo Girl Scout Council was charted in 1937; and the Girl
Scouts have designated 2012 as the Year of the Girl and,

WHEREAS, Those involved consist of hundreds of volunteers, offering their time to
help produce productive informed young ladies to be citizens of our
community; and,

WHEREAS, The basic core values of living lives with courage, confidence and
character have remained the same over the years; and,

WHEREAS, Numerous organizations and our community have benefitted from the
service projects of Girl Scout troops over the years; and,

WHEREAS, San Angelo is fortunate to have adult Girl Scouts serving in leadership
roles throughout our community using life skills they learned from their
involvement in the Girl Scouts; and,

WHEREAS, Juliette Gordon Low founded the organization that local leaders will
continue to use to encourage girls in new technology, new ways of
developing skills, and issues that are important in our community.

NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the
City Council, do hereby declare Monday, March 12th of 2012, as

“GIRL SCOUT DAY”

and encourage citizens to join in celebrating 100 years of Girl Scouting.

IN WITNESS WHEREOF, I have
hereunto set my hand and caused the
Seal of the City to be affixed this 6th
day of March, 2012.

THE CITY OF SAN ANGELO

ALVIN NEW, MAYOR

PROCLAMATION

WHEREAS, food is the substance by which life is sustained; and

WHEREAS, the type, quality, and amount of food that individuals
consume each day plays a vital role in their overall health
and physical fitness; and

WHEREAS, there is a need for continuing nutrition education and a
wide-scale effort to enhance good eating practices.

NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo,
Texas, on behalf of the City Council, do hereby proclaim the month of March
2012 as

“NATIONAL NUTRITION MONTH”

in San Angelo, Texas, and I encourage all citizens to join the campaign
and become concerned about their nutrition and the nutrition of others in the
hope of achieving optimum health for both today and tomorrow.

IN WITNESS WHEREOF, I have
hereunto set my hand and caused
the Seal of the City to be affixed
this 6th day of March, 2012.


___________________________
Alvin New, Mayor

CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 289
Tuesday, February 21, 2012 Vol. 103

OPEN SESSION

BE IT REMEMBERED City Council convened in a regular meeting at 9:16 A.M., Tuesday, February 21, 2012,
in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly
authorized members of the Council, to-wit:

Mayor, Alvin New
Councilmember Paul Alexander
Councilmember Dwain Morrison
Councilmember Johnny Silvas
Councilmember Fredd B. Adams, II
Councilmember Kendall Hirschfeld
Councilmember Charlotte Farmer
were present and acting, thus constituting a quorum. Whereupon, the following business was transacted:
An invocation was given by Rev. Janie Kelley of Unity Church of Christianity and pledge was led by Dylan
Fisher and Emma Morales 3rd Graders at Angelo Catholic School.

RECOGNITION
"AEP Texas North Company, 2011 Score/City SmartSM Program" Incentive Check in the amount of $17,896.50
for Energy Saving Incentives was presented to the City of San Angelo for improving the energy efficiency of
their local government facilities; check presentation by Gary Throckmorton, Fred Hernandez, and Matt Romero,
AEP Texas representatives
PUBLIC COMMENT
Public comments were made by Florence Behavin, tenant at Spur Building, regarding rumors of the building
closing. City Manager Harold Dominguez informed the issue involved potential litigation and therefore not able
to comment publicly on the issue; however, the issue at hand is not to close the building but regarding other
matters.
CONSENT AGENDA
APPROVAL OF THE FEBRUARY 7, 2012 CITY COUNCIL REGULAR MEETING MINUTES
AWARD OF BID WU-20-11 FOR FILTER MEDIA TO SNR TECHNOLOGIES (KATY, TX), IN THE
AMOUNT OF $89,038.40 AND AUTHORIZATION FOR THE INTERIM CITY MANAGER OR HIS
DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS
ADOPTION OF RESOLUTIONS AUTHORIZING THE MAYOR TO EXECUTE TAX DEEDS FOR THE
SALE OF THE FOLLOWING TAX LOTS:
• Next to 625 W 18th Street, (Roberts), Lot 10 & W 1/2 of Lot 9, Block 2, Mineola Addition, $1,100.00,
Suit No. B-04-0129-T (ANNEX A, PAGE 299, RESOLUTION #2012-02-019R)
• Next to 617 E 36th Street, (Roberts), Lot 6, Block 2, Goren Subdivision, $500.00, Suit No. A-08-0076-T
(ANNEX B, PAGE 301, RESOLUTION #2012-02-020R)
• 2638 Webster Avenue, (Robles/Pearcy), Lots 21, 22, 23 & 24, Block 38, Forest Park Addition,
$4,000.00, Suit No. B-06-0112-T (ANNEX C, PAGE 303, RESOLUTION #2012-02-021R)
• 316 W 13th Street, (Saucedo), Lot 16, Block 68, Miles Addition, $2,404.00, Suit No. B-07-0193-T
(ANNEX D, PAGE 305, RESOLUTION #2012-02-022R)
• 305 W Avenue U, (Banda), Lot 5, Block 4, Fort Concho Annex Addition, $1,206.00, Suit No. B-07-
0058-T (ANNEX E, PAGE 307, RESOLUTION #2012-02-023R)

Minutes
Vol. 103 February 21, 2012

AUTHORIZATION FOR THE INTERIM CITY MANAGER TO EXECUTE A RENEWAL LEASE
AGREEMENT WITH CONCHO VALLEY HOME FOR GIRLS WITHIN THE CITY OF SAN ANGELO,
TOM GREEN COUNTY, TEXAS, AND IMPROVEMENTS LOCATED THEREON
AUTHORIZATION FOR THE INTERIM CITY MANAGER TO EXECUTE A MEMO OF
UNDERSTANDING ADDENDUM WITH CLEARESULT CONSULTING, INC. FOR THE 2012 SCORE /
CITY SMART PROGRAM SPONSORED BY AEP TEXAS CENTRAL COMPANY
ADOPTION OF A RESOLUTION AUTHORIZING THE CITY OF SAN ANGELO TO APPLY FOR THE
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM (JAG) FOR THE CRIME
ANALYSIS PROGRAM IN THE AMOUNT OF $43,220.00 (ANNEX F, PAGE 309, RESOLUTION
#2012-02-024R)
CONSIDERATION OF ADOPTING A RESOLUTION BY THE CITY OF SAN ANGELO, TEXAS
(“CITY”) SUSPENDING THE EFFECTIVE DATE FOR NINETY DAYS IN CONNECTION WITH THE
RATE INCREASE FILING OF ATMOS ENERGY CORPORATION ON OR ABOUT JANUARY 31,
2012; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES;
AUTHORIZING PARTICIPATION IN RELATED RATE PROCEEDINGS; AUTHORIZATION FOR THE
RETENTION OF SPECIAL COUNSEL; FINDING THAT THE MEETING COMPLIES WITH THE OPEN
MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
AND DECLARING AN EFFECTIVE DATE (ANNEX G, PAGE 311, RESOLUTION #2012-02-025R)
SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT
“A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX
H, PAGE 315, ORDINANCE #2012-02-026)
Z 11-21: Titan Investments, 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
FOLLOWING PROPERTY, TO WIT: 334 WEST CONCHO AVENUE, APPROXIMATELY 158 FEET
EAST FROM THE INTERSECTION OF SOUTH ABE STREET AND WEST CONCHO AVENUE, SAN
ANGELO ADDITION, BLOCK 31, LOT 8 AND THE EAST 15 FEET OF LOT 9, CHANGING THE
ZONING CLASSIFICATION FROM OFFICE COMMERCIAL (CO) TO HISTORIC OVERLAY (OH)
DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
SECOND HEARING AND CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING
CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF
SAN ANGELO (ANNEX I, PAGE 317, ORDINANCE #2012-02-027)
Z 12-01: Paul Jost
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
FOLLOWING PROPERTY, TO WIT: 226, 230, & 236 WEST 2ND STREET, APPROXIMATELY 125
FEET EAST FROM THE INTERSECTION OF WEST 2ND STREET AND MARTIN LUTHER KING
DRIVE. MORE SPECIFICALLY OCCUPYING THE COTTONYARD SUBDIVISION, BLOCK I, LOTS 6-8
IN CENTRAL SAN ANGELO, CHANGING THE ZONING CLASSIFICATION FROM GENERAL
COMMERCIAL/HEAVY COMMERCIAL (CG/CH) AND OFFICE WAREHOUSE (OW) TO GENERAL
COMMERCIAL (CG) DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A
PENALTY

Minutes Page 291
February 21, 2012 Vol. 103

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 11 REGARDING
DRIP IRRIGATION OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX J, PAGE
319, ORDINANCE #2012-02-028)
AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 11.200, SECTIONS 11.202 AND 11.203 OF
THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “WATER
CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY REVISING SUBSECTION 11.202
(11) “DRIP IRRIGATION”; ADDING A NEW SUBSECTION 11.202 (12) ENTITLED “HAND
WATERING” AND RENUMBERING THE CURRENT SUBSECTIONS 11.202 (12) THROUGH (17) TO
SUBSECTIONS 11.202 (13) THROUGH (18); BY REVISING SUBSECTION 11.203 (f) WATER
SUPPLY STAGE – DROUGHT LEVEL III, (2)(A) PROVIDING FOR SEVERABILITY, PROVIDING
FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE
SECOND HEARING AND ADOPTION OF AN ORDINANCE APPROVING THE TIRZ PROJECT PLAN
AND REINVESTMENT ZONE FINANCING PLAN (ANNEX K, PAGE 321, ORDINANCE #2012-02-
029)
AN ORDINANCE APPROVING A PROJECT PLAN AND FINANCING PLAN FOR TAX INCREMENT
REINVESTMENT ZONE NUMBER ONE; AUTHORIZING THE CITY CLERK TO DISTRIBUTE SUCH
PLAN; CONTAINING VARIOUS PROVISIONS RELATED TO THE FOREGOING SUBJECT;
PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE
Motion, to approve the Consent Agenda, with the exception of the Texas Comptroller Transparency application
and Convention and Visitors Bureau Contract, as presented, was made by Councilmember Farmer and seconded
by Councilmember Hirschfeld. Motion carried unanimously.

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

AUTHORIZATION FOR THE INTERIM CITY MANAGER OR HIS DESIGNEE TO SIGN AND
APPROVE THE SUBMITTAL OF THE TX COMPTROLLER LEADERSHIP CIRCLE TRANSPARENCY
IN LOCAL GOVERNMENT SCORING APPLICATION TO THE TEXAS COMPTROLLER OF PUBLIC
ACCOUNTS FOR RECOGNITION OF THE CITY OF SAN ANGELO IN MEETING HIGH STANDARDS
FOR FINANCIAL TRANSPARENCY ONLINE
Councilmember Farmer recognized the Finance Department in their pursuit to apply for the designation and
acknowledged the work by staff to apply for such designation.
Motion, to authorize, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember
Farmer. Motion carried unanimously.
AUTHORIZATION FOR THE INTERIM CITY MANAGER TO EXECUTE A CONTRACT BETWEEN
THE CITY OF SAN ANGELO AND THE SAN ANGELO CHAMBER OF COMMERCE EFFECTIVE
OCTOBER 1, 2010 THRU SEPTEMBER 30, 2012 TO OPERATE THE CONVENTION AND
VISITORS BUREAU, AND TO RECEIVE AND EXPEND HOTEL AND MOTEL OCCUPANCY TAX
REVENUE
Interim City Manager Michael Dane presented background information. Responding to a question from
Council, he explained the existing was effective through September 30, 2010, however, due to impending
discussions regarding the Hotel and Motel Occupancy Tax revenue process both parties have agreed and
operated under the existing contract since the expiration of the contract. Mr. Dane noted Councils approval of
the contract presented today will cover the period from October 1, 2010 through September 30, 2012.
In conclusion, Council authorized the approval of the contract with the understanding the contract is not a
“blank check”, but an existing contract and the City is merely extending the contract through September 30,
2012 with the understanding to continue to negotiate changes.
Motion, to authorize, as presented, with the understanding the contract is not a “blank check”, but an existing
contract and the City is merely extending the contract through September 30, 2012 with the understanding to

Minutes

continue to negotiate changes, was made by Councilmember Farmer and seconded by Councilmember Adams.
Motion carried unanimously.

Minutes Page 293

APPROVAL OF AND ALLOWANCE TO CLOSE NON-CRITICAL CITY SERVICES ON FRIDAY, APRIL
20, 2012 AND TO ALLOW EMPLOYEES TO PARTICIPATE IN CLEAN-UP AND PAINTING EFFORTS
IN THE FORMER LINCOLN MIDDLE SCHOOL NEIGHBORHOOD AS PART OF THE CITY’S
NEIGHBORHOOD REVITALIZATION STRATEGY
Neighborhood and Family Services Director Bob Salas presented background information.
Motion, to approve, as presented, was made by Councilmember Adams and seconded by Councilmember
Hirschfeld.
General discussion was held on the ratio of City employees to volunteers, setting a goal to increase the ratio
from 1:1 to 2:1 and not necessarily involve all City employees, the directive from city management and some
city staff’s perspective of being forced to participate in the effort, the overall mission and goals of the
organization in relation to these types of efforts, an employee’s role to serve as a public servant, the positive
impact of these efforts within the community, creating reverse rolls and fostering camaraderie, the City’s effort
to fill the void of the former Christmas in April program, and potentially transferring the program to another
organization.
A vote was taken on the motion on the floor. Motion carried unanimously.
APPROVAL OF THE REALLOCATION FROM THE 2011 CDBG HOUSING REHAB PROGRAM IN THE
AMOUNT OF $25,000.00 TO HELP FUND THE NEIGHBORS HELPING NEIGHBORS (NHN)
PROGRAM
Neighborhood and Family Services Director Bob Salas and NHN Program Coordinator Mary Herbert presented
background information.
Motion, to approve, as presented, was made by Councilmember Adams and seconded by Councilmember
Farmer. Motion carried unanimously.
DIRECTION TO STAFF TO FURTHER NEGOTIATE AND ADD RECOMMENDATIONS BY CITY
COUNCIL TO THE OPERATIONAL AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND THE
SAN ANGELO PERFORMING ARTS COALITION (SAPAC) RELATING TO CREATION OF THE
PERFORMING ARTS CENTER AND CAMPUS WHICH WILL INCLUDE THE MUNICIPAL
AUDITORIUM; PROVIDING FOR MANAGEMENT SERVICES BY SAPAC; PROVIDING FOR THE USE
OF OFFICE SPACE BY THE COALITION WITHIN CITY HALL BY SAPAC; PROVIDING FOR
FUNDING RESPONSIBILITIES OF THE PARTIES; AND PROVIDING FOR RELATED MATTERS
City Manager Harold Dominguez presented background information. He provided a brief on the terms of the
contract, specifically the sales tax allocation to construct the auditorium for $3.5M, working with the arts group
to establish a performing arts center, the provision for the City to maintain the core structure of the auditorium
for $2.5M with the understanding SAPAC will raise the remaining $2.5M through private donors to complete
the restoration, in turn SAPAC will operate the Auditorium; and authorizing a 50 year lease with the City with
the understanding the City will draft a renewal lease thereafter. Mr. Dominguez reviewed the main contract
terms: naming rights of the Auditorium and limiting SAPACs role in the sale of naming rights, and if
presented, both entities will work collaboratively and City Council will have final approval of such; City will be
reimbursed for any operational and maintenance cost at 100% therefore no subsidy; SAPAC will finish out the
mezzanine area at no cost to the City, and entities involved agreed the San Angelo Cultural Arts Affair
(SACAC) 5% Hotel and Motel Occupancy Tax revenue (HOT) allocation will be reverted to SAPAC.
General discussion was held on SAPAC’s mission to integrate the community use of the Auditorium; ensuring
the HOT funds are utilized for programming and not salaries; Mezzanine finished at a base level and any
improvements or furnishings will be provided by SAPAC; leasing the entire west side of the auditorium
mezzanine versus utilizing the space for other City operations; the concerns of the amount of money to complete
the Auditorium and the exchange for the office space, SACAC 5% HOT funds transfer, revenue sharing
options, no guarantee on the dollar amount to provide long term financial relationship in regards to charging a
$2 ticket
fee for maintenance of the Auditorium; other contractual relationships with similar ticket sales; appointing three

Minutes

representatives each from the City and SAPAC to decide on the ???; SAPAC’s decision to create their own
ticket office and charge a $1.50 ticket fee to maintain the former Coke warehouse; limiting the groups usage of
HOT funds for programming; being good stewards of using the funds from the City for those specific programs,
return on investment of HOT dollars, and the required budget reporting from SAPAC showing how dollars are
used (noting such reporting is state regulated).
In conclusion, City Council suggested the following changes to the contract:
- SAPAC 2.5M finish of Auditorium
- 50 year lease: decrease time 15-20
- Naming rights: SAPAC can have legacy naming rights (name on a plaque but not on the facility); selling
rights for the Auditorium only – then they must work with existing contractor and obtain approval by City
Council
- Ticket fee - Mechanism for inflationary figure for increased cost
- Termination clause: termination process, for a period of time, and if so, have an amortized value for the
capital investment
RECESS
At 10:31 A.M., Mayor New called a recess.
RECONVENE
At 10:47 A.M., Council reconvened, and the following business was transacted:
UPDATE AND PRESENTATION ON THE MUNICIPAL POOL RENOVATION PROJECT AND THE
CONCHO RIVER AND TRAIL IMPROVEMENT PROJECT
Parks and Recreation Director Carl White presented background information. A copy of the presentation is part
of the Permanent Supplemental Minute record.
General discussion was held on the water tower and the possibly of a more rustic look to coordinate with the
river project; fencing; view of the river stage, capacity of 500-600, filling the pool in relation to existing water
and drought level restrictions; the contingency amount and staying within the budget; bank erosion issues along
the river and related cost; further repairing the banks while river is drained; the trail along the San Angelo
Health Foundation property; and boat ramps.
Councilmember Adams left the meeting at 11:28 a.m.
DIRECTION TO STAFF EXAMINE OTHER ALTERNATIVES FOR THE CONCHO VALLEY MULTI-
MODAL TERMINAL CONSTRUCTION AND ROADWAY IMPROVEMENTS AT INTERSECTING
STREETS OF NORTH CHADBOURNE AND EAST 5TH STREET AND OTHER STREETS ADJACENT
TO THE FACILITY
MPO Interim Director Doray Hill and City Engineer Blake Wilde presented background information. A copy of
the presentation is part of the Permanent Supplemental Minute record. He informed the Certificate of
Occupancy has not been obtained as plan but the move in should be by March 1.
Mr. Wilde informed a striping plan will be implemented to help alleviate the problems associated with the S
curve on Chadbourne Street, thereby merging all traffic into one lane to maneuver the turn and reduce the
number of conflicts points by one.
Responding to questions when the number of lanes were reduced to one lane and who authorized such
reduction, staff informed Council authorized the action in November 3, 2009. Further discussion was held on
installing the island and the possibility of purchasing an easement to widen the street.
In conclusion, Council directed staff to re-examine other alternatives to change the median, the radius of the
turn, or possibly obtain an easement on the south side of Chadbourne.

Minutes Page 295

AUTHORIZATION FOR THE PLANNING MANAGER TO BEGIN NEGOTIATIONS WITH GATEWAY
PLANNING GROUP FOR THE FORMULATION OF A TARGETED LAKE NASWORTHY SUB-
DISTRICT PLAN, FOR INCLUSION WITHIN THE SAN ANGELO COMPREHENSIVE PLAN
Planning Manager AJ Fawver presented background information.
General discussion was held on the consultant process and related costs.
Motion, to authorize, as presented, was made by Councilmember Alexander and seconded by Councilmember
Farmer.
Public comment was made by Citizen Jim Turner.
A vote was taken on the motion on the floor. Motion carried unanimously.
RECESS
At 12:16 P.M., Mayor New called a recess.
EXECUTIVE/CLOSED SESSION
At 12:30 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open
Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to
Requirement that Meetings be Open, Section 551.071 to consult with attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas clearly conflicts with this chapter on issues related to the Texas Open Meetings Act; Section
551.074 to discuss the appointment, employment, and duties of the City Manager; 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.
OPEN SESSION (continued)
At 1:28 P.M. City Council concluded the Executive/Closed Session whereupon the following business was
transacted:
RECESS
At 1:28 P.M., Mayor New called a recess.
RECONVENE
At 1:35 P.M., Council reconvened, and the following business was transacted:
ADOPTION OF A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER OR HIS DESIGNEE TO
NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING BY AND AMONG THE SAN
ANGELO MUSEUM OF FINE ARTS (SAMFA), THE CITY OF SAN ANGELO, THE EARNEST & DORTHY
BARROW FOUNDATION, AND THE SAN ANGELO HEALTH FOUNDATION (SAHF) RELATING TO
SHARING FUNDING OF A CONTRACT BETWEEN THE SAMFA AND WOLF CONSULTING FOR
CONSULTING SERVICES AND PREPARATION OF A STUDY FOR THE ASSESSMENT OF CURRENT
RESOURCES AND FUTURE RECOMMENDATIONS FOR FACILITIES AND ENHANCEMENTS IN THE
CULTURAL DISTRICT (ANNEX L, PAGE 361, RESOLUTION #2012-02-030R)

Fort Concho Museum Manager Robert Bluthardt and San Angelo Museum of Fine Arts Director Howard Taylor
presented background information. General discussion was held on the scope of the project and the expected
return from the study, and the comparison and consulting process similar to the 1992 Regional/Urban Design
Assistance Team (R/UDAT) report.
Motion, to adopt the Resolution authorizing the Memorandum of Understanding and authorizing the
expenditure up to $10,000.00, as presented, was made by Councilmember Silvas and seconded by
Councilmember Adams. Motion carried unanimously.

Minutes

APPROVAL OF THE ECONOMIC DEVELOPMENT STRATEGIC PLAN COMPILED BY ANGELOU
ECONOMICS AS RECOMMENDED FOR ADOPTION BY THE COSADC BOARD
Community and Economic Development Director Shawn Lewis, Economic Development Coordinator Donna
Osborne, Founder and Principal Executive Officer Angelos Angelou, and Project Manager John Karras
presented background information. A copy of the presentation is part of the Permanent Supplemental Minute
record.
General discussion was held on utilizing the study as a guiding document.
Motion, to approve the recommendation, as presented, was made by Councilmember Hirschfeld and seconded
by Councilmember Farmer. Motion carried unanimously.
APPROVAL OF A PROCESS TO ACCEPT PROPOSALS AND INTERVIEW EXECUTIVE SEARCH
FIRMS FOR THE RECRUITMENT OF THE CITY MANAGER POSITION, DIRECTION TO STAFF TO
SEEK 8 TO 10 EXECUTIVE SEARCH FIRMS, AUTHORIZATION TO CREATE A TEMPORARY
COMMITTEE CONSISTING OF COUNCIL MEMBERS ALEXANDER, HIRSCHFELD, FARMER (WITH
COUNCILMEMBER SILVAS AS AN ALTERNATE), AND THE HUMAN RESOURCES DIRECTOR TO
REVIEW SAID FIRMS AND MAKE THEIR RECOMMENDATION, AND TO COMMENCE THE
PROCESS IMMEDIATELY
Human Resources Director Lisa Marley presented background information.
General discussion was held on hiring a firm, recommendations by City Council, aware of prior firms used in
order to receive quality applicants, ability of the firm to achieve the vision statement of the city, suggestion to
place the issue on hold until after the May 2012 election, establishing a temporary committee to consider and
recommend the selections by the firm, and the ability of the firm to undergo the process of building community
profiles.
Councilmember Alexander, Hirschfeld, and Farmer volunteered to serve on the committee with Councilmember
Silvas as an alternate.
Motion, to direct staff to seek 8 to 10 search firms, create a temporary committee consisting of Councilmembers
Alexander, Hirschfeld, Farmer (with Councilmember Silvas As An Alternate) and the Human Resources
Director, make their recommendation, and commence process immediately, was made by Mayor New and
seconded by Councilmember Farmer. Motion carried unanimously.
TABLING OF THE FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE
AMENDING THE 2011-2012 BUDGET FOR NEW PROJECTS AND INCOMPLETE PROJECTS
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR NEW PROJECTS
AND INCOMPLETE PROJECTS
Due to time constraints, Mayor New suggested tabling this item to the next meeting. Council concurred.
Motion, to table the item, was made by Councilmember Adams and seconded by Councilmember Hirschfeld.
TABLING OF MATTERS RELATED TO THE EMPLOYEE POLICY MANUAL AND ANY ACTION IN
CONNECTION THERETO
• DISCUSSION OF AND CONSIDERATION OF APPROVING THE NEW POLICIES HAVING OR
EXPECTING TO HAVE AN INCREASED FINANCIAL IMPACT ON THE CITY: DRUG TESTING,
HIRING RATES OF PAY, CALLBACK HOURS, DISASTER PREPAREDNESS, SICK LEAVE
INCENTIVE, FUNERAL LEAVE, AND SEVERANCE PAY
• UPDATE ON NEWLY ESTABLISHED POLICIES APPROVED BY THE CITY MANAGER
Due to time constraints, Mayor New suggested tabling this item to the next meeting. Council concurred.
Motion, to table the item, was made by Councilmember Adams and seconded by Councilmember Hirschfeld.

Minutes Page 297

FOLLOW UP AND ADMINISTRATIVE ISSUES
CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION
No action was taken on matters discussed in Executive/Closed Session.

APPROVAL OF VARIOUS BOARD NOMINATIONS BY COUNCIL AND DESIGNATED
COUNCILMEMBERS:
Animal Shelter Advisory Board: Lacy Morton (SMD3) to a 1st full term January 2014
Planning Commission: Jennifer Boggs (SMD4) to a 1st full term January 2015
Motion, to approve various board nominations by Council and designated Councilmembers, was made by
Councilmember Hirschfeld and seconded by Councilmember Adams. Motion carried unanimously.

CONSIDERATION OF FUTURE AGENDA ITEMS
City Manager Harold Dominguez distributed the proposed March 6, 2012 Agenda and solicited Council
comments and suggestions.
Councilmember Hirschfeld – Master Development Search update and water bill formatting update
Councilmember Farmer – S Curve and land south – acquisition of easement; include original commitment to the
project; exceeded and not exceeded; and financial to fix it – to be considered within the next 2-3 months
Councilmember Alexander – south pool and moving or transferring the water
ADJOURNMENT
Motion, to adjourn, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Motion
carried unanimously.
The meeting adjourned at 2:54 P.M.


___________________________________
Alvin New, Mayor

ATTEST:

_______________________________
Alicia Ramirez, City Clerk

Annexes A-L

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.)

Minutes

THIS PAGE INTENTIONALLY LEFT BLANK.

City of San Angelo

Memo
Date: February 15, 2012
To: Mayor and Councilmembers
From: Ricky Dickson, Director of Operations
Subject: Agenda Item for March 6, 2012 Council Meeting
Contact: Ricky Dickson, Operations, (325) 657-4206
Caption: Consent Item
Consideration of awarding bid “SB-01-12” “Cold Applied Crack Sealant” to
EZ Seal, LLC

Summary: Bid SB-01-12 is for cold applied crack sealing materials used each year by the Street and
Bridge Division for crack sealing operations on City streets. Bids were mailed to Cravco Texas Inc., Deery
American Corporation and EZ Seal. EZ Seal was the only bidder on the material.

History: This is an annual bid process for crack sealing materials.

Financial Impact: The annual General Fund purchase of these materials will be on an as needed basis
but will not exceed $111,899.20 without further Council approval.

Related Vision Item (if applicable): N/A

Other Information/Recommendation: Staff recommends awarding the bid to EZ Seal, LLC.

Attachments: SB-01-12 Bid Tab

Presentation: None

Reviewed by Service Area Director: Ricky Dickson, Operations, February 15, 2012

City of San
Angelo

Memo

To: Mayor and Council Members
From: Will Wilde, Water Utilities Director
Subject: Consent Item March 6, 2012 Council Meeting
Contact: Will Wilde, Water Utilities Director, 657-4209
Caption: Consideration of approving a residential lease renewal with
Lemire Gilbert at Lot 22, Group 9, 1926 South Concho; and authorizing the
Water Utilities Director to execute the same.
Summary: The leaseholder’s current lease expires in 2019 and they would
like to execute a new 40 year lease for financing purposes.

History: Lease fees are current and there are no issues with the lease on
this tract.

Financial Impact: Current lease fees: 2012-2014 $760

New lease fees: 2012-2014 $866
2015-2018 $912
2019-2052 Market Value

Related Vision Item: None.

Other Information/Recommendation: It is recommended that the
lease renewal be approved and the Water Utilities Director be authorized to
execute the lease.

Attachments: Residential Lease (Gilbert)

Presentation: None.

Publication: None.

Reviewed by Svc. Area Director: Will Wilde, Water Utilities Director,
February 22, 2012.

LAKE NASWORTHY RESIDENTIAL LOT LEASE

This lease is made and entered into by and between the CITY OF SAN
ANGELO, a Texas municipal corporation, ("Lessor"), whose address is P.O. Box 1751,
San Angelo, Tom Green County, Texas 76902, and Lemire Gilbert whose address is
4515 South Jackson, San Angelo, Texas 76903 ("Lessee").

I. DEMISE OF LEASED PREMISES

1.1 In consideration of the mutual covenants, conditions and agreements set forth in
this lease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts
and leases from Lessor, the following described real property (hereinafter called "leased
premises") situated in San Angelo, Tom Green County, Texas:

Lot 22, Group 9, Lake Nasworthy Addition, according to the
map or plat of said Lake Nasworthy Campsites in the
custody of the Water Utilities Department of the City of San
Angelo (also commonly known as 1926 South Concho).

II. TERM, FEES AND RENT

FIXED COMMENCEMENT AND TERMINATION DATE

2.1 This lease is granted for a period of forty (40) years beginning October 1, 2012
and ending September 30, 2052, in consideration of the initial payment of $150.00,
which payment includes the granting fee, receipt of which payment is hereby
acknowledged, and the further consideration of Lessee's payment of future annual rent
in accordance with subsequent paragraphs hereof and Lessee's compliance with the
stipulations and conditions hereinafter set forth.

TIME AND MANNER OF PAYMENT

2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities
Department, P.O. Box 1751, San Angelo, Texas, 76903, or at such other place as
Lessor may from time to time designate by written notice to Lessee. Such rent shall be
paid annually on or before October 1st during the term of this lease in accordance with
the following schedule:

Dates Annual Rent

For the Years 2012 Through 2014 $866.00

For the Years 2015 Through 2018 $912.00

For the Years 2019 Through 2052 * Market Value

* Annual rent shall be the appraised market value of the leased premises multiplied by a
factor of 0.08. Such appraised market value shall be determined and adjusted in
accordance with applicable City ordinances in effect at the time of execution of this
lease.

DELINQUENT PAYMENTS

2.3 Lessee shall pay to Lessor a late charge or interest for any rent received by
Lessor after the date that the rent is due in accordance with established ordinances,
provided however, that this provision for late charges or interest shall not be construed
as a waiver of the right of Lessor to terminate this lease at its option as authorized
herein.

HOLD OVER

2.4 Any holding over by Lessee of the herein leased premises after the expiration of
this lease shall operate and be construed only as a tenancy from month to month,
terminable at the will of Lessor.

III. DEBTS RELATED TO LEASED PREMISES

UTILITIES

3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such
charges shall, at the option of Lessor, result in forfeiture of this lease.

TAXES

3.2 It is further understood and agreed that Lessee shall pay and discharge all taxes,
general and special assessments, and other charges of every description which during
the term of this lease may be levied on or assessed against the leased premises and all
interest therein and all improvements and other property thereon, whether belonging to
Lessor or Leaser to which either of them may become liable. Lessee shall pay all such
taxes, charges, and assessments to the public officer charged with the collection thereof
not less than fifteen (15) days before the same shall become delinquent, and Lessee
agrees to indemnify and save harmless Lessor from all such taxes, charges and
assessments. Failure to pay such taxes and special assessments as provided herein
shall, at the option of Lessor, result in forfeiture of this lease.

WATER, SEWAGE, PAVING IMPROVEMENTS

3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the
vicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost of
laying said line or lines as established by and in accordance with city policies then in
existence.

3.4 Lessee expressly agrees that if city water or sewer lines are ever located within
200 feet of the leased premises, Lessee will tie on to such service at its own expense at
the price established for that specific Lake Nasworthy area.

3.5 In the event the Lessor institutes a paving program abutting the leased premises,
Lessee shall pay his pro rata share of paving, curb and gutter costs pursuant to
prevailing city policies.

IV. RULES AND REGULATIONS

4.1 The rules and regulations provided in those certain ordinances of the City
Council of the City of San Angelo, ("Council"), adopted April 2, 1951, and now known as
the Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendments
adopted heretofore or hereafter are expressly incorporated herein by reference as terms
and conditions of this lease. This lease is expressly made subject to any ordinances
adopted in the future by the Council for the regulation of Lake Nasworthy and
surrounding property, including but not limited to, safety, sanitation, and ecological
requirements. Any breach of said rules and regulations shall, at the option of the Lessor,
result in forfeiture of this lease. This lease will be managed by the Water Utilities
Department of the City of San Angelo subject to the approval of the Council.

V. USE OF LEASED PREMISES

CONSTRUCTION BY LESSEE

5.1 The premises shall be used only for a single family residence and lawful uses
incidental thereto, and in this connection the following shall be applicable:

a. No structure shall be constructed in excess of two stories in height.

b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2
foot elevation line.

c. No housetrailer, shack, tent, or temporary residence of any type shall be
permitted on the leased premises, and no garage or other accessory building
shall be used as a residence.

d. All structures shall have a foundation that complies with Lessor's building
code.

e. No outside toilets shall be constructed or maintained on leased premises, and
all plumbing shall be connected with a sanitary sewer or with a septic tank which
complies in all respects to all state, county and city sanitation regulations and
requirements. No septic tank shall be placed, constructed, or maintained nearer
than 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to any

property line. All wastewater facilities shall conform to all of the City's wastewater
ordinances, where applicable. No sewer or drain shall empty into the lake or be
constructed so as to flow or wash into the lake. No concrete storm drains may be
constructed without the prior approval of the Water Utilities Department, Zoning
Board of Adjustment, Planning Commission and/or Council, as applicable.

f. No structure shall be constructed closer than five (5) feet to any property line.

g. No trees may be removed from the leased premises without the prior written
consent of the Water Utilities Director.

h. No improvements or construction work of any kind, including but not limited to,
houses, boathouses, piers, pumphouses, water wells, storage buildings, fences,
excavations, fills, and other types of structures or improvements, shall be built or
performed on leased premises without prior approval of the Water Utilities
Department, Zoning Board of Adjustment, Planning Commission and/or Council,
as applicable.

i. Lessee agrees to comply with all provisions of the Official Code of the City of
San Angelo ("Code"), as such now exists or may hereafter be amended
including, but not limited to, those provisions regarding building permits and
permit fees; inspections and fees therefore; building, plumbing, electrical, and fire
standards or requirements; and the regulation of septic tanks.

j. After any permit is granted, Lessee expressly agrees that all improvements or
construction work shall be built or performed in strict compliance with the terms
of the permit and approval granted, that construction shall commence within six
(6) months following the date of the permit, and that all construction shall be
completed within one (1) year of the date of the permit.

k. Lessee may request from the Council a variance or deviation from any term or
condition contained herein.

l. The Council, prior to granting any extension of an existing lease or a new lease
covering the leased premises shall have the right to review the leased premises
and improvements thereon and submit in writing to the Lessee the requirements,
if any, which shall attach to and become a part of this lease, necessary for
compliance with the above-mentioned provisions of the Code. Failure of the
Lessee to abide by and comply with said requirements will be grounds to
terminate this lease or any extension thereof.

RESERVATIONS AND EASEMENTS

5.2 Lessor, its agents or assigns, reserves the privilege and right at any time to
execute and deliver valid oil, gas and other mineral leases upon the leased premises,
and valid right-of-way easements for gas, oil, water, or wastewater pipelines, telephone,

telegraph or electric pole transmission lines on said premises, or any part thereof, and
in such event this lease shall be subject and subordinate to the rights, terms and
privileges of any such oil, gas and other mineral leases or such easements as may have
been executed heretofore or hereafter by Lessor, its agents or assigns. An easement
across leased premises is hereby retained by Lessor for the purpose of laying sewer
and water lines and/or for necessary rights-of-way for roads, alleys or other
throughways.

VI. ENCUMBRANCE OF LEASEHOLD ESTATE

ENCUMBERING LEASEHOLD INTEREST ONLY

6.1 Lessee shall not have the right to encumber the fee simple, but Lessee may
request Lessor's written consent (pursuant to article XII of this lease) to encumber the
leasehold estate, personal property or improvements made by Lessee which may be
removed from the realty without injury to the realty; provided however, that no
mortgagee nor anyone who claims by, through or under such mortgage or deed of trust
shall, by virtue of such mortgage or deed trust, acquire any greater or more extended
rights than Lessee has under this lease but such mortgage or deed of trust shall be in
every respect subject, subservient and subordinate to all of the conditions, provisions,
requirements, covenants and obligations of this lease. The mortgagee under any such
deed of trust or mortgage shall have the right to assume this lease and perform its
terms and conditions to protect itself.

NOTICES TO LENDER

6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed of
trust has been given and executed by Lessee and furnish Lessor with the address to
which it desires copies of notices to be mailed. Lessor agrees to mail to lender or
mortgagee or its designated agent or representative, at the address given, a copy of
any notice which Lessor gives, mails, or serves on Lessee under the terms of this lease
after receipt of such a notice from the lender or mortgagee.

VII. CONDITION OF PREMISES

NO WARRANTY

7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE
CONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON,
INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE.

AVAILABILITY AND USE OF LAKE WATER

7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor
the level of water in Lake Nasworthy.

Lessee can use water from the lake, river, and/or wells on the premises for
domestic purposes and water of existing trees and shrubs; but no water will be removed
from the premises. Use of water for irrigation is expressly prohibited. Lessee shall use
water in a conservative manner, and any abusive use of water shall be grounds for
denying the use of water to the Lessee. Lessee shall pay the applicable water use
charge as set by the Lessor, for water or raw water usage, as the case may be.

VIII. REPAIRS AND MAINTENANCE

LESSEE'S DUTY TO REPAIR AND MAINTAIN

8.1 Lessee agrees to keep and maintain any and all structures erected or caused to
be erected or placed on the leased premises in good and tenantable condition, to
maintain its appearance, and to landscape and keep said premises cleared of all
objectionable matter, things, and vegetation. Leased premises shall not be used for the
outside storage of usable materials for unreasonable lengths of time. In the event
Lessee shall fail to maintain leased premises in a manner acceptable to Lessor, after
notice to Lessee as prescribed by city ordinance, the Lessor shall cause leased
premises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost of
any such clearing, cleaning, and mowing to be billed to it or added to the next annual
rental payment, with interest at the rate of ten percent (10%) per annum beginning thirty
(30) days from the date on which the work was completed, and continuing until such
cost is paid in full.

DAMAGE OR DESTRUCTION

8.2 The parties hereto acknowledge that the leased premises are within an area
subject to overflow and flooding and it is expressly agreed between the parties that
neither Lessor nor any of its agents or employees shall be liable to Lessee for any
damages caused in any manner, negligent or otherwise, by high water or floods at Lake
Nasworthy, nor by the rivers or creeks which serve as its sources of supply or diversion
channels, nor by reason of any work deemed necessary in Lessor's sole judgment in
the maintenance of said Lake and sources of supply or diversion channels and all
damages occasioned thereby are hereby waived, and when Lessor (or any agent
thereof) deems it necessary to enter on the leased premises for any of the above
purposes, its judgment shall be conclusive.

IX. SUSPENSION OF PRIVILEGES

HEALTH MATTERS

9.1 It is expressly understood and agreed that Lessor may at any time, without notice
to Lessee or any mortgagee, suspend or revoke any and all privileges granted herein
for such length of time as in its sole judgment is necessary for the purpose of
suppressing or arresting an epidemic of any contagious or infectious disease, or when,
in its sole judgment, any suspension of privileges is necessary to protect the health of

the water consumers of San Angelo, Texas. In the event privileges are suspended by
Lessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee an
amount equal to the market value of any structures or improvements hereto made or
erected on leased premises in compliance with the terms of this lease.

PUBLIC PURPOSES

9.2 If Lessor shall deem that leased premises are required for any public purpose or
that condemnation is necessary, Lessor shall have the right to terminate this lease by
giving ninety (90) days written notice of such termination to Lessee and any mortgagee
who has notified the Water Utilities Department of its lien and its address for notice
purposes; and Lessee agrees to promptly deliver possession of leased premises to
Lessor; and this lease shall terminate upon the expiration of ninety (90)days after the
date of such notice; and in such event Lessor shall pay Lessee an amount equal to the
market value of any structures or improvements hereto made or erected on leased
premises in compliance with the terms of this lease.

X. RELEASE

10.1 Lessee expressly releases Lessor, its officers, agents, and employees from any
and all claims for damages of any kind by reason of the condition of the premises
hereby leased, or any improvements thereon or any damages incurred in the enjoyment
or exercise of the privileges granted hereunder, or for damage to its person or property
caused by the opening of the gates at Nasworthy Dam, the lowering of the normal water
elevation in the lake, or due to flood or high water, or any fluctuating water levels which
may arise in the use and operation of Lake Nasworthy, or in the joint use and operation
of Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposes
of recreation, irrigation, and water supply, or for any other purpose.

XI. INDEMNIFICATION

11.1 Lessee further agrees to indemnify and hold Lessor, its officers, agents, and
employees, free and harmless from any claims for damages or injury, including death,
to persons or property, or any liability incurred as a result of the exercise of the
privileges conferred by this lease, and agrees to reimburse Lessor for any expenses
incurred in the defense of any such claim, including reasonable attorney's fees and
court costs actually incurred.

XII. TRANSFER, ASSIGNMENT, AND SUBLETTING

12.1 Lessee may not transfer or assign the leased premises, in whole or in part,
without the prior written consent of the Lessor, which consent will not be unreasonably
withheld. Lessee may not sublet the leased premises, in whole or in part, without the
prior written consent of the Lessor. Any such transfer, assignment or sublease shall be
evidenced in writing, properly executed and acknowledged by both parties thereto; a
copy shall be delivered to Lessor and the original shall be recorded in the office of the

County Clerk of Tom Green County, Texas. It is agreed, however, that each such
transfer, assignment or sublease shall be subject to the obligations to Lessor as set
forth in this lease and shall not release Lessee or Lessee's obligations under the lease.

XIII. ABANDONMENT, DEFAULT AND REMEDIES

NOTICE OF INTENT TO TERMINATE LEASE

13.1 In the event Lessee shall (1) abandon the premises or (2) default in performance
of any of the covenants and conditions required herein to be kept and performed by
Lessee and such default continues for a period of thirty (30) days, Lessor shall have the
right to terminate this lease. Lessor will give thirty (30) days written notice of its intention
to terminate the lease to Lessee and any mortgagee who has notified the Water Utilities
Department of its lien and its address for notice purposes, and Lessee and any
mortgagee will have such thirty (30) days within which to cure such default and thereby
avoid termination. Notice shall be sufficient if delivered to Lessee at the address
specified in this lease or at such other address as Lessee may in writing designate to
Lessor. Upon Lessor's election to terminate, this lease shall cease.

POSSESSION

13.2 Lessee agrees at the termination of this lease to deliver possession peacefully to
the Lessor or its agents or employees; and if it fails to give peaceful possession, Lessor
may take forceful possession of said premises and eject all parties therefrom without
being guilty of trespass; and all damages occasioned thereby are hereby waived.

REMOVAL OF IMPROVEMENTS

13.3 All buildings and other improvements placed on the property by Lessee (except
trees, shrubs, flowers and plants) which may be removed without injury to the realty
shall remain the property of Lessee. It is understood and agreed, however, that
buildings and improvements shall be held by the Lessor until all rentals due Lessor by
Lessee shall have been paid, and should any amount remain unpaid for more than thirty
(30) days after termination of this lease, the Lessor shall have the right to sell such
buildings and improvements and apply the proceeds to the amount due Lessor, with
interest at the annual rate of ten percent (10%), and to any costs incident to the sale,
and pay the balance remaining, if any, to Lessee. All property remaining on the
premises after the expiration of ninety (90) days following the termination of this lease,
however terminated, shall be deemed abandoned by Lessee and shall become the
property of Lessor.

OTHER REMEDIES

13.4 Any termination of this lease shall not relieve Lessee from the payment of any
sum or sums that are due and payable to Lessor under the lease, or any claim for
damages then or previously accruing against Lessee under this lease, and any such
termination shall not prevent Lessor from enforcing the payment of any such sum or
sums or claim for damages by any remedy provided for by law, or from recovering
damages from Lessee for any default under the lease. All rights, options, and remedies
of Lessor contained in this lease shall be construed and held to be cumulative, and no
one of them shall be exclusive of the other, and Lessor shall have the right to pursue
any one or all of such remedies or any other remedy or relief which may be provided by
law, whether or not stated in this lease. No waiver by Lessor of a breach of any of the
covenants, conditions, or restrictions of this lease shall be construed or held to be a
waiver of any succeeding or preceding breach of the same or any other covenant,
condition, or restriction contained in this lease.

XIV. MISCELLANEOUS

RELATIONSHIP OF LESSOR AND LESSEE

14.1 The relationship between Lessor and Lessee at all times shall remain solely that
of landlord and tenant and shall not be deemed a partnership or joint venture.

PARTIES BOUND

14.2 This agreement shall be binding upon and inure to the benefit of the parties of
the lease and their respective heirs, executors, administrators, legal representatives,
successors and assigns.

HEADINGS

14.3 The paragraph headings contained herein are for convenience and reference
and are not intended to define, extend or limit the scope of any provisions of this lease.

SUPERSEDES PRIOR AGREEMENTS

14.4 If this lease replaces another lease, all prior agreements are superseded by this
lease.

ENTIRE AGREEMENT/AMENDMENTS

14.5 This lease constitutes the entire agreement between the parties, and Lessor is
not bound by any agreement, condition or stipulation, understanding or representation
made by any of Lessor’s agents not contained herein. No amendment to this lease shall
be effective unless such is in writing and signed by both parties.

VIOLATIONS OF LEASE

14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES
THAT THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR
COVENANT, SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS
LEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE
CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE.

TEXAS LAW TO APPLY

14.7 The parties hereby agree that Texas law will control the interpretation or
enforcement of this lease. This lease has been executed in Texas, and all obligations
hereunder are performable in Tom Green County, Texas.

INVALID OR ILLEGAL PROVISIONS

14.8 If any provision of this lease is held invalid as to any person or set of
circumstances, such holding shall not affect the validity of any remaining provision of
this lease or any provision’s application to other persons not similarly situated or to
other circumstances.

REIMBURSEMENT OF LESSOR’S EXPENSES

14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited
to, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations
under this lease, which include, but are not limited to, collection of rental fees and
collection of utility payments, taxes and other legitimate assessments.

NOTICES

14.9 All notices concerning this lease shall be in writing and delivered to the parties at
the addresses below:

LESSEE: Lemire Gilbert
4515 South Jackson
San Angelo, Texas 76903

LESSOR: City of San Angelo
Attn: Water Utilities Director
72 W. College
San Angelo, Texas 76903

EXECUTED in duplicate originals on the _____day of _____________________,
2012 by:

LESSEE

Lemire Gilbert

STATE OF TEXAS §
COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____day of
________________, 2012 by Lemire Gilbert.

Notary Public, State of Texas

CITY OF SAN ANGELO, LESSOR

BY:
W. H. WILDE,
Water Utilities Department

STATE OF TEXAS §
COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____ day of
________________, 2012, by W. H. Wilde, Water Utilities Director, of the City of San
Angelo, a Texas home rule municipal corporation, on behalf of said corporation.

Notary Public, State of Texas

City of San Angelo

Memo
Caption: Consent Agenda Item
Consideration of appointment of City representatives to the Concho Watermaster
Advisory Committee

Summary: The City has six representatives on the Concho Watermaster Advisory
Committee. The terms of the following representatives are up for reappointment:

Alvin New, Mayor
Paul Alexander, SMD 1
Tom Massey, Attorney at Law
Stephen Brown, UCRA Consultant
Will Wilde, Water Utilities Director
Michael Dane, Interim City Manager

History: The Advisory Committee was established with the legislation creating the Concho
Watermaster program. The committee provides recommendations to the watermaster regarding
activities in the administration of the program and advises the watermaster on complaints; and
reviews and makes recommendations on the annual budget.

The committee is composed of 13 members; six from the City; one from each stream segment in
the Concho River Basin – South Concho River, Dove Creek, Spring Creek, Middle Concho,
North Concho, and the main stem of the Concho River; and one representative from the City of
Paint Rock.

Financial Impact: None.

Related Vision Item (if applicable): None.

Other Information/Recommendation: All current representatives have expressed an interest in
continuing serving.

It is recommended the members be reappointed.

Attachments: None.

Presentation: None.

Publication: None.

Reviewed by Service Area Director: Will Wilde, Water Utilities Director, February 23, 2012.

City of San Angelo

Memo
Caption: Consent Agenda Item
Consideration of approving a change order in the amount of $405,339.00 to WU-
7-10 Rio Concho Drive Sewer Trunk Contract with Holloman Corporation for extra
work required due to differing subsurface conditions encountered in Concho Dr.
and Oakes St. and authorizing the City Manager or his designee to execute the
change order.

Summary: Holloman Corporation encountered differing and unforeseen subsurface
conditions in Concho Ave. and Oakes Street during the excavation operation of the Rio Concho
Drive Sewer Trunk project. Exceedingly hard rock was encountered within 3 feet of the ground
surface and had to be excavated to depths of 18 feet and width of 6 feet. A change order of
$405,339.00 has been negotiated to cover additional labor and equipment costs for 75 days.
The increase to the original contact is 10.2%, 25% is allowed by State law.

History: Holloman Corporation was contracted by the City on August 17, 2010 to construct
the Rio Concho Drive Sewer Trunk for $3,965,000.00. Differing subsurface conditions were
encountered on Concho Street and Oakes Street beginning in August, 2011 and into December,
2011.

Financial Impact: The change order would be funded in the Wastewater Capital Improvements
Program.

Related Vision Item (if applicable): CIP – Wastewater System Improvements – Replacement /
Upgrade of failing sewer collection systems.

Other Information/Recommendation: Subsurface conditions encountered created 75 days of
additional labor and equipment demands. The change order reflects direct cost for that ‘extra work’.

It is recommended the City Manager or his designee be authorized to execute the change order with
Holloman Corporation.

Attachments: Change Order.

Presentation:None.

Publication: None.

Reviewed by Service Area Director: Will Wilde, Water Utilities Director, February 27, 2012.

City of San Angelo

Memo


From: Bob Schneeman, Development Coordinator

Subject: Agenda Item for 03-06-12 Council Meeting

Contact: Bob Schneeman, Shawn Lewis, 657-4210

Caption: Consent

Consideration and possible action regarding a recommendation by the TIRZ
Board to approve a revision to the North Angelo Redevelopment Incentives
Program policy guidelines to alter the asbestos abatement incentive to 50%
matching funds incentive with the maximum TIRZ expenditure to be $15,000.00

The current policy provides for an incentive based on square feet, linear feet or
other means of measuring the amount of asbestos to be removed up to a
Summary: maximum expenditure by TIRZ of $10,000. Staff recommended and the TIRZ
Board approved a revision to the policy to align it more closely with the incentive
offered in the downtown area.
History: At its regular meeting of July 21, 2010 the TIRZ Board approved adding among
others, an incentive for asbestos abatement. Subsequent to that Council
approved the policy at its meeting of August 17, 2010. The current policy is as
follows:

5.) Asbestos Abatement Incentive Program: A portion of the costs of abating
asbestos will be rebated as a cash grant from the North TIRZ fund using the
following calculations:
• Floor tile—$1.50 per square foot of affected area
• Walls or ceiling tile—$2.50 per square foot of affected area
• Wiring or duct work—$2.50 per linear foot of wiring or duct work
• Other—1/2 the per square foot estimate provided

Abatement costs will be calculated using the dollar amounts above in conjunction
with the Asbestos Evaluation Report provided to the City, and shall not exceed
$10,000 per building. This incentive is subject to funding availability in the North
TIRZ account.

At the time of approval, the terminology was similar to the incentive offered in the
Downtown TIRZ. Subsequent to the approval of this incentive, the downtown incentive
was revised to a 50% match up to a maximum TIRZ expenditure of $15,000. Staff
recommended that the North Angelo incentive be revised to a 50% matching grant up
to a maximum of $10,000 and the TIRZ Board approved the revision but instructed
staff to raise the maximum grant amount to $15,000 to match that of the South
(downtown) TIRZ. The South TIRZ incentives were approved by Council on June 7,
2011.
Financial Impact: Increase of up to $5,000 maximum grant amount.

Related Vision Item N/A
(if applicable):

Other Information/ Staff recommends approval.
Recommendation:

Attachments: North Angelo Incentives policy
TIRZ Board draft minutes February 15, 2012;
Council Minutes excerpts 08-17-2010 and 06-07-2011
Presentation: None

Publication: N/A

Reviewed by Shawn Lewis 657-4210
Director:

Approved by Legal: N/A

NORTH ANGELO REDEVELOPMENT INCENTIVES

To encourage revitalization of the North TIRZ area, the City of San Angelo offers the following incentives
for development in the North Angelo area within the North TIRZ Boundary. Additional incentives may be
available. Contact the Development Services Department for more information.

The incentives are part of an overall strategy to leverage investment, lower the cost of doing business
and incentivize property owners choosing to improve commercial / retail properties in the target area.
Incentives will be available to any existing or new building that houses one or a combination of uses
typically allowed in General Commercial zoning. These include the following:

Retail sales Vehicle service performed while the
Restaurants customer waits
Colleges and schools Vehicle wash
Day care for children or adults Small animal veterinary clinic
Bed & breakfast Personal service-oriented business
Business, professional, medical or Entertainment-oriented business
financial offices Repair-oriented business for
household goods

Specifically excluded from this incentive policy are churches and non-profit organizations or other tax
exempt properties. Façade grants are granted to any business regardless of use.

Any business which applies for incentives through this policy and is currently zoned CG/CH must rezone
their property in compliance with CG/CH Rezoning Plan or any other zoning classification approved by
the City of San Angelo Planning Division. Proposals for CG/CH zoning were banned by the San Angelo
Planning Commission and City Council in 1972 due to the harmful effects created such as unlimited
outside storage and a range of incompatible allowed uses. Fees for this rezone will be waived.

Unless specifically exempted, all projects seeking incentives must meet current building standards, codes
and permitting requirements as well as be current on all taxing obligations. All incentives are subject to
funding availability, final approval by the City of San Angelo and, depending on the project, may be more
than provided for herein.

1) North Angelo Façade Grant Program: Designed to help property owners and/or tenants in the North
Angelo Revitalization Grant area improve the aesthetic appearance of their properties, the program is a
50%/50% (property owner/City) matching grant based on an assigned value of $18 per square foot of
street-facing façade area per building up to a limit of $7,500. In addition, the City will provide a grant of up
to $2,000.00 at a rate of $15.00 per linear foot for screening of outside storage areas either facing a public
street or abutting a residential property. The City will also provide a grant of up to $500.00 per business for
new signs. Please refer to the North Angelo Revitalization Grant Guidelines for complete details of this
program.

The program provides reimbursable grants for approved improvements that restore, rehabilitate, enhance
or beautify a structure. Limited program funds are approved on a first-come, first-served basis.

2) Development Fee Reduction Program: Several development fees for projects located within the
North TIRZ district will be paid in part by the North TIRZ. Through September 30, 2014, the following
fees will be reduced for applicants by 80% for the following development applications:
Preliminary Plat, Final Plat, Amended Plat and Replat
Abandonment of public right of way or easements

Dedication of a public right-of-way or easement
Special Use, Conditional Use or Zone Change Request
Building Permit fees up to $5,000
Off street sign demolition permit fees (removal of billboards)
Demolition of any non-historic building or structure
Historic Overlay Zoning application

This fee reduction will be granted at the time of permitting. The Permits and/or Planning Divisions will
bill the TIRZ for an amount equivalent to the development fee discount given to the applicant.
Applicants must have a signed incentive agreement before fee reductions are granted.

5.) Life-Safety Incentive Programs

Water Tap Refund Program: The City of San Angelo will pay up to 75% of costs associated with
installation of a new water service tap onto a public water main if the proposed tap is for the purpose
of installing a required fire sprinkler system. The maximum incentive is $5,000. . The Water Utilities
Department will bill the TIRZ for an amount equivalent to the development fee discount given to the
applicant.

Secondary Egress Grant Program: The City of San Angelo will provide a cash grant from the North
TIRZ fund toward the installation of additional exits if required by Fire or Building Codes. Amounts are
based on the following:
50% of costs associated with creating additional fire exits
Maximum of $5,000 per business. Additional funding may be available at the discretion of
the TIRZ Board for multi story buildings.

This incentive is subject to funding availability in the North TIRZ account.

6.) Asbestos Abatement Incentive Program: A portion of the costs of abating asbestos will be rebated
as a cash grant from the North TIRZ fund using the following guidelines:
The City pays no more than 50% of the total cost of the abatement
The City pays no more than $15,000 per project with the ability for applicants to request
more from the TIRZ Board on a case-by-case basis

. This incentive is subject to funding availability in the North TIRZ account.

7.) Landscape Incentive Program: The City will pay 50% of the cost of approved landscaping projects
which are visible from the public right of way. The City will pay 65% of the cost of landscaping project
which are in or adjoining the public right of way. The City’s total contribution to landscaping projects
shall not exceed $2,000.00 per business subject to availability of funds in the North TIRZ account.

8.) Paving Incentive Program: The City will pay up to 50% of costs associated with approved paving
projects including, but not limited to, parking lots, driveways, sidewalks and curbing. The City’s total
contribution to paving projects shall not exceed $7,500 per business subject to availability of funds in
the North TIRZ account. All paving projects shall be accompanied by landscaping in public rights of
way or other areas as approved by City staff. The TIRZ will pay 75% of landscaping costs, up to
$2,000, for required landscaping.

9.) Demolition and Rainwater Collection: The TIRZ Board may also consider providing additional
incentives for projects involving either the demolition of existing dangerous or dilapidated buildings or
the installation of rainwater collection systems. These items will be considered on a case by case
basis.

OTHER INCENTIVES AVAILABLE
San Angelo Development Corporation (SADC) Incentives: SADC was created by San Angelo voters
who approved an additional ½ cent local sales tax to (1) facilitate the development of new businesses and
expansion of existing businesses which create primary jobs, (2) provide for infrastructure necessary to
promote or develop new or expanded business enterprises, (3) develop the San Angelo Business &
Industrial Center and (4) develop, implement, provide, and finance certain voter approved community
projects

Financial assistance may be provided through the following:
Grants
Loan participation(s) with local financial institutions

This incentive policy does not preclude or serve as a guide for any incentives that may be granted by the
City of San Angelo Development Corporation (COSADC).

Grow San Angelo Fund: This fund is a partnership between the San Angelo Development Corporation
and the Grow America Fund, Inc. (GAF). The Grow San Angelo Fund is an SBA 7(a) guaranty program
administered by the National Development Council (NDC). NDC is one of the nation’s oldest not-for-profit
corporations specializing in community, economic and public facility development. The Grow San Angelo
fund is designed to help small businesses within the City of San Angelo obtain the financing required to
grow their business. GSA will look to finance healthy, successful small businesses that need expansion
capital.

For complete information about SADC incentive programs, see Appendix A & B.

CODE BENEFITS FOR OLDER BUILDINGS
International Existing Building Code: The City of San Angelo has adopted the International Existing
Building Code, a developer-friendly code that allows for improvements that consider the design limitations
of older buildings to encourage adaptive reuse by allowing different levels of modification to existing
structures.

Contact Development Services at (325) 657- 4210 for further information on any of the above items.

MINUTE RECORD OF THE CITY OF SAN ANGELO TAX INCREMENT REINVESTMENT
ZONE MEETING HELD ON WEDNESDAY, FEBRUARY 15, 2012 AT 12:00 PM,
MCNEASE CONVENTION CENTER, 500 RIO CONCHO DRIVE.

PRESENT: Rob Villegas, Mike Campbell, David Mazur, Lee Pfluger, William
Dendle, Bob Pfluger, Roger Allen, John Calvert

ABSENT: Rebekah Brackin (AE), Craig Kinney(AE), Nelly Perez(AE),

STAFF: Shawn Lewis, Director of Development Services
Bob Schneeman, Development Coordinator
Nora Regino, Sr. Admin Assistant
AJ Fawver, Planning Manager

I. Call to order, establish quorum.
The meeting was called to order at 12:00 pm. It was established that a quorum was
present.
II. Public comment.
The chair will call for public comment on each item on the agenda at its appropriate
time. Public input on an item not on the agenda may be identified and requested for
consideration by the board at this time.
There was no public comment.
III. Consideration of approving the minutes from the January 18, 2012 meeting.
Motion, to accept minutes as presented, was made by Bob Pfluger and William
Dendle. Motion passed unanimously, 7-0.
IV. Review and consideration of the current financial report(s).
Bob Schneeman, Development Coordinator, came forward to present this item.
He reviewed the ending balances for this reporting window, for both the North and
South TIRZ zones.
There were no questions or public comment on this item.

1

V. Consideration and possible action regarding a revision to the North Angelo
Redevelopment Incentives Program policy guidelines to alter the asbestos
abatement incentive to 50% matching funds incentive with the maximum TIRZ
expenditure to be $10,000.00.
Bob Schneeman also presented this item. He explained that a minor change is
being proposed for the asbestos abatement incentive to make the criteria match
the criteria for the downtown area. The linear formula originally used had been
changed to a percentage for the downtown area, and staff is suggesting this
change also be made for the North Angelo Redevelopment Incentives Program
area to maintain consistency.
John Calvert joined the meeting at 12:05 pm.
Shawn Lewis, Director of Community and Economic Development, made
additional comments in support of this change.
The Chairman stated he found $10,000 to be too low of a dollar amount for this
type of incentive. This type of incentive should be applied very liberally in the
North area of the TIRZ. Bob Schneeman explained that this contingency was built
into the guidelines currently, allowing a higher amount to be requested on a case-
by-case basis. The Chairman went on to say that he noticed $15,000 is the cap in
the downtown area. He feels $20,000 would be a more appropriate figure, but
that there should be an equal cap in both the South and North districts.
Roger Allen asked if this contingency (considering a case-by-case basis) was built
into the South or Downtown area guidelines.
William Dendle suggested consistency as well.
Motion, to alter the asbestos abatement incentive to 50% matching funds with the
addition of an increase to $15,000 for the maximum expenditure, was made by
William Dendle and seconded by David Mazur. This motion passed unanimously,
8-0.
VI. Consideration of approving expenditure of up to $10,000 for consultant services
for updating the Letter of No Prejudice (LONP) in order to capture value
associated with the Downtown Pedestrian Improvement Plan to be used in the
future for cash match for future federal and state grants.
Shawn Lewis came forward to present this item. He began by reiterating that a
potential $2 million dollars would be obtained for the streetscaping project. There
are a number of planned projects along the Chadbourne corridor, with hopes for
future projects in other areas. Staff wants to make sure that the appropriate
documentation is completed in order to capture the value of the current projects to
use as a local match for future projects. The government allows this to occur
through the LONP, with certain restrictions, such as proximity to transit stops. In
some cases, this would even allow a cash reimbursement to the TIRZ fund. Lee
Pfluger, Genora Young from Downtown San Angelo, and staff members attended

2

a recent meeting with the Goodman Corporation, who is retained by the Council of
Governments (COG) in order to compose this LONP.
The Chairman explained that the TIRZ board is being asked to contribute $10,000
of the $50,000 it will take to obtain this LONP and have it submitted. He added
that there wouldn’t be more money in the South zone for some time, but that this
could be used in conjunction with the projects in the North.
Mr. Lewis showed a map illustrating the 2009, 2010, and 2011 New Freedom
Grant-funded projects, in addition to the bounds of the 2007 and 2010 LONP.
When the most recent LONP was completed, some of the corridor for North/South
Chadbourne Street was left out of the LONP area. By completing this now, these
areas can now be included into the total area. This action can assist not only with
new streetscape projects, but also with bus stops and the like for CVTD. The
$10,000 is proposed to be split proportionally between the North and South areas.

Roger Allen asked if the LONP has an expiration date; Mr. Lewis explained that
the LONP would be in effect for a five-year period.
Rod Villegas asked if all future projects would be captured as part of this LONP.
Mr. Lewis responded by saying that anything related to the transit system; for
example, anything that makes use of the transit more appealing or enhances
pedestrian activity would be applicable. The City Engineer is currently preparing
an exhaustive list of City projects that also lend itself to this end.
Motion, to approve as presented with a proportionate amount split between the
North and South, was made by Lee Pfluger and seconded by Mike Campbell. The
motion passed unanimously, 8-0.
VII. Consideration and possible action regarding matters related to the New Freedom
2012 Grant application for pedestrian improvements along North Chadbourne in
the amount of $235,000, including consideration of approving the expenditure of
$57,869 in matching funds from North TIRZ.
The Chairman started by discussing the discount through which the Goodman
Corporation has been used by TIRZ as a result of the COG largely being
responsible for their reimbursement. Mr. Lewis explained that a grant total of
$235,000, with a grant match required of $57,869. If the next grant is obtained,
an area from 3rd Street to 20th Street could be completed. William Dendle asked
about the past prioritization of the intersections; Mr. Lewis explained that the grant
funding, as staff has learned from going through this process before, only covers
the base models for items, during which TIRZ dollars can enhance those basic
models of improvements. Mr. Lewis went on to add that the pricing from 14th
Street improvements will likely be more than the pricing for this project, as lessons
learned regarding existing infrastructure and the preservation of it will help to
lower the cost.
William Dendle also mentioned some of the features of the design at 19th Street,
noting that not all partners in the preservation and upkeep of the grass in that

3

location appeared to be participating. Mr. Lewis talked about the possibility of
using artificial turf or an alternate material instead of the grass. He also pointed
out some of the brick motif, planter spacing, and some of the other features that
would be carried through to this project.
Bob Pfluger clarified that the $235,000 grant amount would not necessarily cover
the entire project; the TIRZ will likely need to contribute additional funding to
complete it. Mr. Lewis talked about the economies of scale that doing a larger
project could help with costs.
Jerry Sea, with WTOS, came forward to speak on this item. He was interested in
knowing how the parking will be handled. Shawn Lewis responded that the
current parking will likely not be changed; along much of Chadbourne, there is
parallel parking. There are no plans for drastic changes that would negatively
impact the businesses in this area.
Motion, to approve as presented, was made by Mike Campbell and seconded by
Roger Allen. The motion passed unanimously, 8-0.
VIII. Status report and overview regarding façade grants and other incentive
projects in the north and south TIRZ.
The Chairman noted prior to the presentation that a comment had been made
earlier regarding the 18 th – 20th Street intersection project. Two of the signs were
lost and so the sign maker has taken them all down to install new stainless steel
grommets that will be stronger and work better for the signage. Mr. Lewis also
mentioned that an “Addy” award was received for the design of these signs by
Sharon Flippin, who designed them.
Bob Schneeman addressed this item. He distributed two copies of the grant
tracker sheets for the former NARG program as well as the current NARI and
Downtown Incentives programs. Copies of these documents are included with the
minute record. Mr. Schneeman reviewed the totals from these documents. He
explained the various stages of the process. Bob Pfluger asked what lessons
were being learned from these incentive projects. Mr. Schneeman replied that
there are obvious cues about what is popular; for example, asbestos funds tend to
garner enthusiastic responses.
Shawn Lewis mentioned that federal funding had been used as much as possible
for façade renovations; however, now this funding source is not available and
willing to fund this project over other projects.

IX. Announcements and consideration of future agenda items.
A. Announcements.
1. Update TIRZ Project Plan status
B. Future Agenda Items.
Bob Pfluger asked about the underside of the bridge at Houston Harte at

4

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