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 DriveTHE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTHMAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCEIS 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. everyday 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 CommitteeCity 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 PlanIII. REGULAR AGENDA: F. EXECUTIVE/CLOSED SESSION Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that 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 Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo G. PUBLIC HEARING AND COMMENT 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)City Council Agenda Page 2 of 3 March 6, 2012
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 ClerkCity Council Agenda Page 3 of 3 March 6, 2012
PROCLAMATIONWHEREAS, 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 theCity 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
PROCLAMATIONWHEREAS, food is the substance by which life is sustained; andWHEREAS, the type, quality, and amount of food that individuals consume each day plays a vital role in their overall health and physical fitness; andWHEREAS, 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 March2012 as “NATIONAL NUTRITION MONTH”in San Angelo, Texas, and I encourage all citizens to join the campaignand become concerned about their nutrition and the nutrition of others in thehope 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. THE CITY OF SAN ANGELO ___________________________ Alvin New, Mayor
CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 289Tuesday, February 21, 2012 Vol. 103 OPEN SESSIONBE 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 dulyauthorized 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 Farmerwere 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 DylanFisher 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 $17,896.50for Energy Saving Incentives was presented to the City of San Angelo for improving the energy efficiency oftheir local government facilities; check presentation by Gary Throckmorton, Fred Hernandez, and Matt Romero,AEP Texas representativesPUBLIC COMMENTPublic comments were made by Florence Behavin, tenant at Spur Building, regarding rumors of the buildingclosing. City Manager Harold Dominguez informed the issue involved potential litigation and therefore not ableto comment publicly on the issue; however, the issue at hand is not to close the building but regarding othermatters.CONSENT AGENDAAPPROVAL OF THE FEBRUARY 7, 2012 CITY COUNCIL REGULAR MEETING MINUTESAWARD OF BID WU-20-11 FOR FILTER MEDIA TO SNR TECHNOLOGIES (KATY, TX), IN THEAMOUNT OF $89,038.40 AND AUTHORIZATION FOR THE INTERIM CITY MANAGER OR HISDESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTSADOPTION OF RESOLUTIONS AUTHORIZING THE MAYOR TO EXECUTE TAX DEEDS FOR THESALE 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)
Page 290 MinutesVol. 103 February 21, 2012AUTHORIZATION FOR THE INTERIM CITY MANAGER TO EXECUTE A RENEWAL LEASEAGREEMENT WITH CONCHO VALLEY HOME FOR GIRLS WITHIN THE CITY OF SAN ANGELO,TOM GREEN COUNTY, TEXAS, AND IMPROVEMENTS LOCATED THEREONAUTHORIZATION FOR THE INTERIM CITY MANAGER TO EXECUTE A MEMO OFUNDERSTANDING ADDENDUM WITH CLEARESULT CONSULTING, INC. FOR THE 2012 SCORE /CITY SMART PROGRAM SPONSORED BY AEP TEXAS CENTRAL COMPANYADOPTION OF A RESOLUTION AUTHORIZING THE CITY OF SAN ANGELO TO APPLY FOR THEEDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM (JAG) FOR THE CRIMEANALYSIS 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 THERATE 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 THERETENTION OF SPECIAL COUNSEL; FINDING THAT THE MEETING COMPLIES WITH THE OPENMEETINGS 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 (ANNEXH, PAGE 315, ORDINANCE #2012-02-026)Z 11-21: Titan Investments, LLCAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 334 WEST CONCHO AVENUE, APPROXIMATELY 158 FEETEAST FROM THE INTERSECTION OF SOUTH ABE STREET AND WEST CONCHO AVENUE, SANANGELO ADDITION, BLOCK 31, LOT 8 AND THE EAST 15 FEET OF LOT 9, CHANGING THEZONING CLASSIFICATION FROM OFFICE COMMERCIAL (CO) TO HISTORIC OVERLAY (OH)DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYSECOND HEARING AND CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDINGCHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OFSAN ANGELO (ANNEX I, PAGE 317, ORDINANCE #2012-02-027)Z 12-01: Paul JostAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 226, 230, & 236 WEST 2ND STREET, APPROXIMATELY 125FEET EAST FROM THE INTERSECTION OF WEST 2ND STREET AND MARTIN LUTHER KINGDRIVE. MORE SPECIFICALLY OCCUPYING THE COTTONYARD SUBDIVISION, BLOCK I, LOTS 6-8IN CENTRAL SAN ANGELO, CHANGING THE ZONING CLASSIFICATION FROM GENERALCOMMERCIAL/HEAVY COMMERCIAL (CG/CH) AND OFFICE WAREHOUSE (OW) TO GENERALCOMMERCIAL (CG) DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR APENALTY
Minutes Page 291February 21, 2012 Vol. 103SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 11 REGARDINGDRIP IRRIGATION OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX J, PAGE319, ORDINANCE #2012-02-028)AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 11.200, SECTIONS 11.202 AND 11.203 OFTHE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “WATERCONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY REVISING SUBSECTION 11.202(11) “DRIP IRRIGATION”; ADDING A NEW SUBSECTION 11.202 (12) ENTITLED “HANDWATERING” AND RENUMBERING THE CURRENT SUBSECTIONS 11.202 (12) THROUGH (17) TOSUBSECTIONS 11.202 (13) THROUGH (18); BY REVISING SUBSECTION 11.203 (f) WATERSUPPLY STAGE – DROUGHT LEVEL III, (2)(A) PROVIDING FOR SEVERABILITY, PROVIDINGFOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATESECOND HEARING AND ADOPTION OF AN ORDINANCE APPROVING THE TIRZ PROJECT PLANAND REINVESTMENT ZONE FINANCING PLAN (ANNEX K, PAGE 321, ORDINANCE #2012-02-029)AN ORDINANCE APPROVING A PROJECT PLAN AND FINANCING PLAN FOR TAX INCREMENTREINVESTMENT ZONE NUMBER ONE; AUTHORIZING THE CITY CLERK TO DISTRIBUTE SUCHPLAN; CONTAINING VARIOUS PROVISIONS RELATED TO THE FOREGOING SUBJECT;PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATEMotion, to approve the Consent Agenda, with the exception of the Texas Comptroller Transparency applicationand Convention and Visitors Bureau Contract, as presented, was made by Councilmember Farmer and secondedby Councilmember Hirschfeld. Motion carried unanimously.REGULAR AGENDA: PUBLIC HEARING AND COMMENTAUTHORIZATION FOR THE INTERIM CITY MANAGER OR HIS DESIGNEE TO SIGN ANDAPPROVE THE SUBMITTAL OF THE TX COMPTROLLER LEADERSHIP CIRCLE TRANSPARENCYIN LOCAL GOVERNMENT SCORING APPLICATION TO THE TEXAS COMPTROLLER OF PUBLICACCOUNTS FOR RECOGNITION OF THE CITY OF SAN ANGELO IN MEETING HIGH STANDARDSFOR FINANCIAL TRANSPARENCY ONLINECouncilmember Farmer recognized the Finance Department in their pursuit to apply for the designation andacknowledged the work by staff to apply for such designation.Motion, to authorize, as presented, was made by Councilmember Hirschfeld and seconded by CouncilmemberFarmer. Motion carried unanimously.AUTHORIZATION FOR THE INTERIM CITY MANAGER TO EXECUTE A CONTRACT BETWEENTHE CITY OF SAN ANGELO AND THE SAN ANGELO CHAMBER OF COMMERCE EFFECTIVEOCTOBER 1, 2010 THRU SEPTEMBER 30, 2012 TO OPERATE THE CONVENTION ANDVISITORS BUREAU, AND TO RECEIVE AND EXPEND HOTEL AND MOTEL OCCUPANCY TAXREVENUEInterim City Manager Michael Dane presented background information. Responding to a question fromCouncil, he explained the existing was effective through September 30, 2010, however, due to impendingdiscussions regarding the Hotel and Motel Occupancy Tax revenue process both parties have agreed andoperated under the existing contract since the expiration of the contract. Mr. Dane noted Councils approval ofthe 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 existingcontract and the City is merely extending the contract through September 30, 2012 with the understanding to
Page 292 MinutesVol. 103 February 21, 2012continue to negotiate changes, was made by Councilmember Farmer and seconded by Councilmember Adams.Motion carried unanimously.
Minutes Page 293February 21, 2012 Vol. 103APPROVAL OF AND ALLOWANCE TO CLOSE NON-CRITICAL CITY SERVICES ON FRIDAY, APRIL20, 2012 AND TO ALLOW EMPLOYEES TO PARTICIPATE IN CLEAN-UP AND PAINTING EFFORTSIN THE FORMER LINCOLN MIDDLE SCHOOL NEIGHBORHOOD AS PART OF THE CITY’SNEIGHBORHOOD REVITALIZATION STRATEGYNeighborhood and Family Services Director Bob Salas presented background information.Motion, to approve, as presented, was made by Councilmember Adams and seconded by CouncilmemberHirschfeld.General discussion was held on the ratio of City employees to volunteers, setting a goal to increase the ratiofrom 1:1 to 2:1 and not necessarily involve all City employees, the directive from city management and somecity staff’s perspective of being forced to participate in the effort, the overall mission and goals of theorganization in relation to these types of efforts, an employee’s role to serve as a public servant, the positiveimpact of these efforts within the community, creating reverse rolls and fostering camaraderie, the City’s effortto fill the void of the former Christmas in April program, and potentially transferring the program to anotherorganization.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 THEAMOUNT OF $25,000.00 TO HELP FUND THE NEIGHBORS HELPING NEIGHBORS (NHN)PROGRAMNeighborhood and Family Services Director Bob Salas and NHN Program Coordinator Mary Herbert presentedbackground information.Motion, to approve, as presented, was made by Councilmember Adams and seconded by CouncilmemberFarmer. Motion carried unanimously.DIRECTION TO STAFF TO FURTHER NEGOTIATE AND ADD RECOMMENDATIONS BY CITYCOUNCIL TO THE OPERATIONAL AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND THESAN ANGELO PERFORMING ARTS COALITION (SAPAC) RELATING TO CREATION OF THEPERFORMING ARTS CENTER AND CAMPUS WHICH WILL INCLUDE THE MUNICIPALAUDITORIUM; PROVIDING FOR MANAGEMENT SERVICES BY SAPAC; PROVIDING FOR THE USEOF OFFICE SPACE BY THE COALITION WITHIN CITY HALL BY SAPAC; PROVIDING FORFUNDING RESPONSIBILITIES OF THE PARTIES; AND PROVIDING FOR RELATED MATTERSCity Manager Harold Dominguez presented background information. He provided a brief on the terms of thecontract, specifically the sales tax allocation to construct the auditorium for $3.5M, working with the arts groupto establish a performing arts center, the provision for the City to maintain the core structure of the auditoriumfor $2.5M with the understanding SAPAC will raise the remaining $2.5M through private donors to completethe restoration, in turn SAPAC will operate the Auditorium; and authorizing a 50 year lease with the City withthe understanding the City will draft a renewal lease thereafter. Mr. Dominguez reviewed the main contractterms: naming rights of the Auditorium and limiting SAPACs role in the sale of naming rights, and ifpresented, both entities will work collaboratively and City Council will have final approval of such; City will bereimbursed for any operational and maintenance cost at 100% therefore no subsidy; SAPAC will finish out themezzanine 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; ensuringthe HOT funds are utilized for programming and not salaries; Mezzanine finished at a base level and anyimprovements or furnishings will be provided by SAPAC; leasing the entire west side of the auditoriummezzanine versus utilizing the space for other City operations; the concerns of the amount of money to completethe Auditorium and the exchange for the office space, SACAC 5% HOT funds transfer, revenue sharingoptions, no guarantee on the dollar amount to provide long term financial relationship in regards to charging a$2 ticketfee for maintenance of the Auditorium; other contractual relationships with similar ticket sales; appointing three
Page 294 MinutesVol. 103 February 21, 2012representatives each from the City and SAPAC to decide on the ???; SAPAC’s decision to create their ownticket office and charge a $1.50 ticket fee to maintain the former Coke warehouse; limiting the groups usage ofHOT 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 areused (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 investmentRECESSAt 10:31 A.M., Mayor New called a recess.RECONVENEAt 10:47 A.M., Council reconvened, and the following business was transacted:UPDATE AND PRESENTATION ON THE MUNICIPAL POOL RENOVATION PROJECT AND THECONCHO RIVER AND TRAIL IMPROVEMENT PROJECTParks and Recreation Director Carl White presented background information. A copy of the presentation is partof the Permanent Supplemental Minute record.General discussion was held on the water tower and the possibly of a more rustic look to coordinate with theriver project; fencing; view of the river stage, capacity of 500-600, filling the pool in relation to existing waterand drought level restrictions; the contingency amount and staying within the budget; bank erosion issues alongthe river and related cost; further repairing the banks while river is drained; the trail along the San AngeloHealth 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 INTERSECTINGSTREETS OF NORTH CHADBOURNE AND EAST 5TH STREET AND OTHER STREETS ADJACENTTO THE FACILITYMPO Interim Director Doray Hill and City Engineer Blake Wilde presented background information. A copy ofthe presentation is part of the Permanent Supplemental Minute record. He informed the Certificate ofOccupancy 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 Scurve on Chadbourne Street, thereby merging all traffic into one lane to maneuver the turn and reduce thenumber of conflicts points by one.Responding to questions when the number of lanes were reduced to one lane and who authorized suchreduction, staff informed Council authorized the action in November 3, 2009. Further discussion was held oninstalling 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 theturn, or possibly obtain an easement on the south side of Chadbourne.
Minutes Page 295February 21, 2012 Vol. 103AUTHORIZATION FOR THE PLANNING MANAGER TO BEGIN NEGOTIATIONS WITH GATEWAYPLANNING GROUP FOR THE FORMULATION OF A TARGETED LAKE NASWORTHY SUB-DISTRICT PLAN, FOR INCLUSION WITHIN THE SAN ANGELO COMPREHENSIVE PLANPlanning 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 CouncilmemberFarmer.Public comment was made by Citizen Jim Turner.A vote was taken on the motion on the floor. Motion carried unanimously.RECESSAt 12:16 P.M., Mayor New called a recess.EXECUTIVE/CLOSED SESSIONAt 12:30 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. OpenGovernment; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions toRequirement that Meetings be Open, Section 551.071 to consult with attorney on a matter in which the duty ofthe attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the StateBar of Texas clearly conflicts with this chapter on issues related to the Texas Open Meetings Act; Section551.074 to discuss the appointment, employment, and duties of the City Manager; Section 551.072 to deliberatethe purchase, exchange, lease, or value of real property; and Section 551.087 to discuss an offer of financial orother incentive to a company or companies with whom the City of San Angelo is conducting economicdevelopment negotiations and which the City of San Angelo seeks to have, locate, stay or expand in SanAngelo.OPEN SESSION (continued)At 1:28 P.M. City Council concluded the Executive/Closed Session whereupon the following business wastransacted:RECESSAt 1:28 P.M., Mayor New called a recess.RECONVENEAt 1:35 P.M., Council reconvened, and the following business was transacted:ADOPTION OF A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER OR HIS DESIGNEE TONEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING BY AND AMONG THE SANANGELO MUSEUM OF FINE ARTS (SAMFA), THE CITY OF SAN ANGELO, THE EARNEST & DORTHYBARROW FOUNDATION, AND THE SAN ANGELO HEALTH FOUNDATION (SAHF) RELATING TOSHARING FUNDING OF A CONTRACT BETWEEN THE SAMFA AND WOLF CONSULTING FORCONSULTING SERVICES AND PREPARATION OF A STUDY FOR THE ASSESSMENT OF CURRENTRESOURCES AND FUTURE RECOMMENDATIONS FOR FACILITIES AND ENHANCEMENTS IN THECULTURAL DISTRICT (ANNEX L, PAGE 361, RESOLUTION #2012-02-030R)Fort Concho Museum Manager Robert Bluthardt and San Angelo Museum of Fine Arts Director Howard Taylorpresented background information. General discussion was held on the scope of the project and the expectedreturn from the study, and the comparison and consulting process similar to the 1992 Regional/Urban DesignAssistance Team (R/UDAT) report.Motion, to adopt the Resolution authorizing the Memorandum of Understanding and authorizing theexpenditure up to $10,000.00, as presented, was made by Councilmember Silvas and seconded byCouncilmember Adams. Motion carried unanimously.
Page 296 MinutesVol. 103 February 21, 2012APPROVAL OF THE ECONOMIC DEVELOPMENT STRATEGIC PLAN COMPILED BY ANGELOUECONOMICS AS RECOMMENDED FOR ADOPTION BY THE COSADC BOARDCommunity and Economic Development Director Shawn Lewis, Economic Development Coordinator DonnaOsborne, Founder and Principal Executive Officer Angelos Angelou, and Project Manager John Karraspresented background information. A copy of the presentation is part of the Permanent Supplemental Minuterecord.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 secondedby Councilmember Farmer. Motion carried unanimously.APPROVAL OF A PROCESS TO ACCEPT PROPOSALS AND INTERVIEW EXECUTIVE SEARCHFIRMS FOR THE RECRUITMENT OF THE CITY MANAGER POSITION, DIRECTION TO STAFF TOSEEK 8 TO 10 EXECUTIVE SEARCH FIRMS, AUTHORIZATION TO CREATE A TEMPORARYCOMMITTEE CONSISTING OF COUNCIL MEMBERS ALEXANDER, HIRSCHFELD, FARMER (WITHCOUNCILMEMBER SILVAS AS AN ALTERNATE), AND THE HUMAN RESOURCES DIRECTOR TOREVIEW SAID FIRMS AND MAKE THEIR RECOMMENDATION, AND TO COMMENCE THEPROCESS IMMEDIATELYHuman Resources Director Lisa Marley presented background information.General discussion was held on hiring a firm, recommendations by City Council, aware of prior firms used inorder to receive quality applicants, ability of the firm to achieve the vision statement of the city, suggestion toplace the issue on hold until after the May 2012 election, establishing a temporary committee to consider andrecommend the selections by the firm, and the ability of the firm to undergo the process of building communityprofiles.Councilmember Alexander, Hirschfeld, and Farmer volunteered to serve on the committee with CouncilmemberSilvas as an alternate.Motion, to direct staff to seek 8 to 10 search firms, create a temporary committee consisting of CouncilmembersAlexander, Hirschfeld, Farmer (with Councilmember Silvas As An Alternate) and the Human ResourcesDirector, make their recommendation, and commence process immediately, was made by Mayor New andseconded by Councilmember Farmer. Motion carried unanimously.TABLING OF THE FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCEAMENDING THE 2011-2012 BUDGET FOR NEW PROJECTS AND INCOMPLETE PROJECTSAN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCALYEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR NEW PROJECTSAND INCOMPLETE PROJECTSDue 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.Motion carried unanimously.TABLING OF MATTERS RELATED TO THE EMPLOYEE POLICY MANUAL AND ANY ACTION INCONNECTION 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 MANAGERDue 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.Motion carried unanimously.
Minutes Page 297February 21, 2012 Vol. 103FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONNo action was taken on matters discussed in Executive/Closed Session.APPROVAL OF VARIOUS BOARD NOMINATIONS BY COUNCIL AND DESIGNATEDCOUNCILMEMBERS:Animal Shelter Advisory Board: Lacy Morton (SMD3) to a 1st full term January 2014Planning Commission: Jennifer Boggs (SMD4) to a 1st full term January 2015Motion, to approve various board nominations by Council and designated Councilmembers, was made byCouncilmember Hirschfeld and seconded by Councilmember Adams. Motion carried unanimously.CONSIDERATION OF FUTURE AGENDA ITEMSCity Manager Harold Dominguez distributed the proposed March 6, 2012 Agenda and solicited Councilcomments and suggestions.Councilmember Hirschfeld – Master Development Search update and water bill formatting updateCouncilmember Farmer – S Curve and land south – acquisition of easement; include original commitment to theproject; exceeded and not exceeded; and financial to fix it – to be considered within the next 2-3 monthsCouncilmember Alexander – south pool and moving or transferring the waterADJOURNMENTMotion, to adjourn, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Motioncarried unanimously.The meeting adjourned at 2:54 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkAnnexes A-LIn accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of thismeeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Councilmeetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased fromthe Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recordingmay be distorted due to equipment malfunction or other uncontrollable factors.)
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City of San AngeloMemo 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 AngeloMemoDate: February 22, 2012To: Mayor and Council MembersFrom: Will Wilde, Water Utilities DirectorSubject: Consent Item March 6, 2012 Council MeetingContact: Will Wilde, Water Utilities Director, 657-4209Caption: Consideration of approving a residential lease renewal withLemire Gilbert at Lot 22, Group 9, 1926 South Concho; and authorizing theWater Utilities Director to execute the same.Summary: The leaseholder’s current lease expires in 2019 and they wouldlike to execute a new 40 year lease for financing purposes.History: Lease fees are current and there are no issues with the lease onthis tract.Financial Impact: Current lease fees: 2012-2014 $760 New lease fees: 2012-2014 $866 2015-2018 $912 2019-2052 Market ValueRelated Vision Item: None.Other Information/Recommendation: It is recommended that thelease renewal be approved and the Water Utilities Director be authorized toexecute 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 SANANGELO, a Texas municipal corporation, ("Lessor"), whose address is P.O. Box 1751,San Angelo, Tom Green County, Texas 76902, and Lemire Gilbert whose address is4515 South Jackson, San Angelo, Texas 76903 ("Lessee"). I. DEMISE OF LEASED PREMISES1.1 In consideration of the mutual covenants, conditions and agreements set forth inthis lease, Lessor hereby demises and leases to Lessee, and Lessee hereby acceptsand leases from Lessor, the following described real property (hereinafter called "leasedpremises") 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 DATE2.1 This lease is granted for a period of forty (40) years beginning October 1, 2012and ending September 30, 2052, in consideration of the initial payment of $150.00,which payment includes the granting fee, receipt of which payment is herebyacknowledged, and the further consideration of Lessees payment of future annual rentin accordance with subsequent paragraphs hereof and Lessees compliance with thestipulations and conditions hereinafter set forth. TIME AND MANNER OF PAYMENT2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water UtilitiesDepartment, P.O. Box 1751, San Angelo, Texas, 76903, or at such other place asLessor may from time to time designate by written notice to Lessee. Such rent shall bepaid annually on or before October 1st during the term of this lease in accordance withthe 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 afactor of 0.08. Such appraised market value shall be determined and adjusted inaccordance with applicable City ordinances in effect at the time of execution of thislease. DELINQUENT PAYMENTS2.3 Lessee shall pay to Lessor a late charge or interest for any rent received byLessor 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 construedas a waiver of the right of Lessor to terminate this lease at its option as authorizedherein. HOLD OVER2.4 Any holding over by Lessee of the herein leased premises after the expiration ofthis 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 UTILITIES3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay suchcharges shall, at the option of Lessor, result in forfeiture of this lease. TAXES3.2 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 duringthe term of this lease may be levied on or assessed against the leased premises and allinterest therein and all improvements and other property thereon, whether belonging toLessor or Leaser to which either of them may become liable. Lessee shall pay all suchtaxes, charges, and assessments to the public officer charged with the collection thereofnot less than fifteen (15) days before the same shall become delinquent, and Lesseeagrees to indemnify and save harmless Lessor from all such taxes, charges andassessments. Failure to pay such taxes and special assessments as provided hereinshall, at the option of Lessor, result in forfeiture of this lease. WATER, SEWAGE, PAVING IMPROVEMENTS3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in thevicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost oflaying said line or lines as established by and in accordance with city policies then inexistence.
3.4 Lessee expressly agrees that if city water or sewer lines are ever located within200 feet of the leased premises, Lessee will tie on to such service at its own expense atthe 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 toprevailing city policies. IV. RULES AND REGULATIONS4.1 The rules and regulations provided in those certain ordinances of the CityCouncil of the City of San Angelo, ("Council"), adopted April 2, 1951, and now known asthe Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendmentsadopted heretofore or hereafter are expressly incorporated herein by reference as termsand conditions of this lease. This lease is expressly made subject to any ordinancesadopted in the future by the Council for the regulation of Lake Nasworthy andsurrounding property, including but not limited to, safety, sanitation, and ecologicalrequirements. 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 UtilitiesDepartment of the City of San Angelo subject to the approval of the Council. V. USE OF LEASED PREMISES CONSTRUCTION BY LESSEE5.1 The premises shall be used only for a single family residence and lawful usesincidental 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 Lessors 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 Citys 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 EASEMENTS5.2 Lessor, its agents or assigns, reserves the privilege and right at any time toexecute 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, andin such event this lease shall be subject and subordinate to the rights, terms andprivileges of any such oil, gas and other mineral leases or such easements as may havebeen executed heretofore or hereafter by Lessor, its agents or assigns. An easementacross leased premises is hereby retained by Lessor for the purpose of laying sewerand water lines and/or for necessary rights-of-way for roads, alleys or otherthroughways. VI. ENCUMBRANCE OF LEASEHOLD ESTATE ENCUMBERING LEASEHOLD INTEREST ONLY6.1 Lessee shall not have the right to encumber the fee simple, but Lessee mayrequest Lessors written consent (pursuant to article XII of this lease) to encumber theleasehold estate, personal property or improvements made by Lessee which may beremoved from the realty without injury to the realty; provided however, that nomortgagee nor anyone who claims by, through or under such mortgage or deed of trustshall, by virtue of such mortgage or deed trust, acquire any greater or more extendedrights than Lessee has under this lease but such mortgage or deed of trust shall be inevery respect subject, subservient and subordinate to all of the conditions, provisions,requirements, covenants and obligations of this lease. The mortgagee under any suchdeed of trust or mortgage shall have the right to assume this lease and perform itsterms and conditions to protect itself. NOTICES TO LENDER6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed oftrust has been given and executed by Lessee and furnish Lessor with the address towhich it desires copies of notices to be mailed. Lessor agrees to mail to lender ormortgagee or its designated agent or representative, at the address given, a copy ofany notice which Lessor gives, mails, or serves on Lessee under the terms of this leaseafter receipt of such a notice from the lender or mortgagee. VII. CONDITION OF PREMISES NO WARRANTY7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THECONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON,INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE. AVAILABILITY AND USE OF LAKE WATER7.2 Lessor in no way guarantees the accessibility of water to the leased premises northe level of water in Lake Nasworthy.
Lessee can use water from the lake, river, and/or wells on the premises fordomestic purposes and water of existing trees and shrubs; but no water will be removedfrom the premises. Use of water for irrigation is expressly prohibited. Lessee shall usewater in a conservative manner, and any abusive use of water shall be grounds fordenying the use of water to the Lessee. Lessee shall pay the applicable water usecharge as set by the Lessor, for water or raw water usage, as the case may be. VIII. REPAIRS AND MAINTENANCE LESSEES DUTY TO REPAIR AND MAINTAIN8.1 Lessee agrees to keep and maintain any and all structures erected or caused tobe erected or placed on the leased premises in good and tenantable condition, tomaintain its appearance, and to landscape and keep said premises cleared of allobjectionable matter, things, and vegetation. Leased premises shall not be used for theoutside storage of usable materials for unreasonable lengths of time. In the eventLessee shall fail to maintain leased premises in a manner acceptable to Lessor, afternotice to Lessee as prescribed by city ordinance, the Lessor shall cause leasedpremises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost ofany such clearing, cleaning, and mowing to be billed to it or added to the next annualrental 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 suchcost is paid in full. DAMAGE OR DESTRUCTION8.2 The parties hereto acknowledge that the leased premises are within an areasubject to overflow and flooding and it is expressly agreed between the parties thatneither Lessor nor any of its agents or employees shall be liable to Lessee for anydamages caused in any manner, negligent or otherwise, by high water or floods at LakeNasworthy, nor by the rivers or creeks which serve as its sources of supply or diversionchannels, nor by reason of any work deemed necessary in Lessors sole judgment inthe maintenance of said Lake and sources of supply or diversion channels and alldamages occasioned thereby are hereby waived, and when Lessor (or any agentthereof) deems it necessary to enter on the leased premises for any of the abovepurposes, its judgment shall be conclusive. IX. SUSPENSION OF PRIVILEGES HEALTH MATTERS9.1 It is expressly understood and agreed that Lessor may at any time, without noticeto Lessee or any mortgagee, suspend or revoke any and all privileges granted hereinfor such length of time as in its sole judgment is necessary for the purpose ofsuppressing 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 byLessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee anamount equal to the market value of any structures or improvements hereto made orerected on leased premises in compliance with the terms of this lease. PUBLIC PURPOSES9.2 If Lessor shall deem that leased premises are required for any public purpose orthat condemnation is necessary, Lessor shall have the right to terminate this lease bygiving ninety (90) days written notice of such termination to Lessee and any mortgageewho has notified the Water Utilities Department of its lien and its address for noticepurposes; and Lessee agrees to promptly deliver possession of leased premises toLessor; and this lease shall terminate upon the expiration of ninety (90)days after thedate of such notice; and in such event Lessor shall pay Lessee an amount equal to themarket value of any structures or improvements hereto made or erected on leasedpremises in compliance with the terms of this lease. X. RELEASE10.1 Lessee expressly releases Lessor, its officers, agents, and employees from anyand all claims for damages of any kind by reason of the condition of the premiseshereby leased, or any improvements thereon or any damages incurred in the enjoymentor exercise of the privileges granted hereunder, or for damage to its person or propertycaused by the opening of the gates at Nasworthy Dam, the lowering of the normal waterelevation in the lake, or due to flood or high water, or any fluctuating water levels whichmay arise in the use and operation of Lake Nasworthy, or in the joint use and operationof Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposesof recreation, irrigation, and water supply, or for any other purpose. XI. INDEMNIFICATION11.1 Lessee further agrees to indemnify and hold Lessor, its officers, agents, andemployees, 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 theprivileges conferred by this lease, and agrees to reimburse Lessor for any expensesincurred in the defense of any such claim, including reasonable attorneys fees andcourt costs actually incurred. XII. TRANSFER, ASSIGNMENT, AND SUBLETTING12.1 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 unreasonablywithheld. Lessee may not sublet the leased premises, in whole or in part, without theprior written consent of the Lessor. Any such transfer, assignment or sublease shall beevidenced in writing, properly executed and acknowledged by both parties thereto; acopy 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 suchtransfer, assignment or sublease shall be subject to the obligations to Lessor as setforth in this lease and shall not release Lessee or Lessees obligations under the lease. XIII. ABANDONMENT, DEFAULT AND REMEDIES NOTICE OF INTENT TO TERMINATE LEASE13.1 In the event Lessee shall (1) abandon the premises or (2) default in performanceof any of the covenants and conditions required herein to be kept and performed byLessee and such default continues for a period of thirty (30) days, Lessor shall have theright to terminate this lease. Lessor will give thirty (30) days written notice of its intentionto terminate the lease to Lessee and any mortgagee who has notified the Water UtilitiesDepartment of its lien and its address for notice purposes, and Lessee and anymortgagee will have such thirty (30) days within which to cure such default and therebyavoid termination. Notice shall be sufficient if delivered to Lessee at the addressspecified in this lease or at such other address as Lessee may in writing designate toLessor. Upon Lessors election to terminate, this lease shall cease. POSSESSION13.2 Lessee agrees at the termination of this lease to deliver possession peacefully tothe Lessor or its agents or employees; and if it fails to give peaceful possession, Lessormay take forceful possession of said premises and eject all parties therefrom withoutbeing guilty of trespass; and all damages occasioned thereby are hereby waived. REMOVAL OF IMPROVEMENTS13.3 All buildings and other improvements placed on the property by Lessee (excepttrees, shrubs, flowers and plants) which may be removed without injury to the realtyshall remain the property of Lessee. It is understood and agreed, however, thatbuildings and improvements shall be held by the Lessor until all rentals due Lessor byLessee 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 suchbuildings and improvements and apply the proceeds to the amount due Lessor, withinterest 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 thepremises after the expiration of ninety (90) days following the termination of this lease,however terminated, shall be deemed abandoned by Lessee and shall become theproperty of Lessor. OTHER REMEDIES
13.4 Any termination of this lease shall not relieve Lessee from the payment of anysum or sums that are due and payable to Lessor under the lease, or any claim fordamages then or previously accruing against Lessee under this lease, and any suchtermination shall not prevent Lessor from enforcing the payment of any such sum orsums or claim for damages by any remedy provided for by law, or from recoveringdamages from Lessee for any default under the lease. All rights, options, and remediesof Lessor contained in this lease shall be construed and held to be cumulative, and noone of them shall be exclusive of the other, and Lessor shall have the right to pursueany one or all of such remedies or any other remedy or relief which may be provided bylaw, whether or not stated in this lease. No waiver by Lessor of a breach of any of thecovenants, conditions, or restrictions of this lease shall be construed or held to be awaiver 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 LESSEE14.1 The relationship between Lessor and Lessee at all times shall remain solely thatof landlord and tenant and shall not be deemed a partnership or joint venture. PARTIES BOUND14.2 This agreement shall be binding upon and inure to the benefit of the parties ofthe lease and their respective heirs, executors, administrators, legal representatives,successors and assigns. HEADINGS14.3 The paragraph headings contained herein are for convenience and referenceand are not intended to define, extend or limit the scope of any provisions of this lease. SUPERSEDES PRIOR AGREEMENTS14.4 If this lease replaces another lease, all prior agreements are superseded by thislease. ENTIRE AGREEMENT/AMENDMENTS14.5 This lease constitutes the entire agreement between the parties, and Lessor isnot bound by any agreement, condition or stipulation, understanding or representationmade by any of Lessor’s agents not contained herein. No amendment to this lease shallbe effective unless such is in writing and signed by both parties. VIOLATIONS OF LEASE
14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIESTHAT THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, ORCOVENANT, SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THISLEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BECONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE. TEXAS LAW TO APPLY14.7 The parties hereby agree that Texas law will control the interpretation orenforcement of this lease. This lease has been executed in Texas, and all obligationshereunder are performable in Tom Green County, Texas. INVALID OR ILLEGAL PROVISIONS14.8 If any provision of this lease is held invalid as to any person or set ofcircumstances, such holding shall not affect the validity of any remaining provision ofthis lease or any provision’s application to other persons not similarly situated or toother circumstances. REIMBURSEMENT OF LESSOR’S EXPENSES14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limitedto, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligationsunder this lease, which include, but are not limited to, collection of rental fees andcollection of utility payments, taxes and other legitimate assessments. NOTICES14.9 All notices concerning this lease shall be in writing and delivered to the parties atthe 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 GilbertSTATE 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 DepartmentSTATE 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 SanAngelo, a Texas home rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas
City of San AngeloMemo Date: February 23, 2012 To: Mayor and Councilmembers From: Will Wilde, Water Utilities Director Subject: Agenda Item for March 6, 2012 Council Meeting Contact: Will Wilde, Water Utilities Director, 657-4209 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 AngeloMemo Date: February 27, 2012 To: Mayor and Councilmembers From: Will Wilde, Water Utilities Director Subject: Agenda Item for March 6, 2012 Council Meeting Contact: Will Wilde, Water Utilities Director, 657-4209 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 AngeloMemo Date: February 27, 2012 To: Mayor and Councilmembers 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 06-07-2011Presentation: NonePublication: N/AReviewed by Shawn Lewis 657-4210Director:Approved by Legal: N/A
NORTH ANGELO REDEVELOPMENT INCENTIVESTo encourage revitalization of the North TIRZ area, the City of San Angelo offers the following incentivesfor development in the North Angelo area within the North TIRZ Boundary. Additional incentives may beavailable. Contact the Development Services Department for more information.The incentives are part of an overall strategy to leverage investment, lower the cost of doing businessand 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 usestypically 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 goodsSpecifically excluded from this incentive policy are churches and non-profit organizations or other taxexempt 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 rezonetheir property in compliance with CG/CH Rezoning Plan or any other zoning classification approved bythe City of San Angelo Planning Division. Proposals for CG/CH zoning were banned by the San AngeloPlanning Commission and City Council in 1972 due to the harmful effects created such as unlimitedoutside 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, codesand permitting requirements as well as be current on all taxing obligations. All incentives are subject tofunding availability, final approval by the City of San Angelo and, depending on the project, may be morethan 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 AVAILABLESan Angelo Development Corporation (SADC) Incentives: SADC was created by San Angelo voterswho approved an additional ½ cent local sales tax to (1) facilitate the development of new businesses andexpansion of existing businesses which create primary jobs, (2) provide for infrastructure necessary topromote 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 communityprojects Financial assistance may be provided through the following: Grants Loan participation(s) with local financial institutionsThis incentive policy does not preclude or serve as a guide for any incentives that may be granted by theCity of San Angelo Development Corporation (COSADC).Grow San Angelo Fund: This fund is a partnership between the San Angelo Development Corporationand the Grow America Fund, Inc. (GAF). The Grow San Angelo Fund is an SBA 7(a) guaranty programadministered by the National Development Council (NDC). NDC is one of the nation’s oldest not-for-profitcorporations specializing in community, economic and public facility development. The Grow San Angelofund is designed to help small businesses within the City of San Angelo obtain the financing required togrow their business. GSA will look to finance healthy, successful small businesses that need expansioncapital.For complete information about SADC incentive programs, see Appendix A & B.CODE BENEFITS FOR OLDER BUILDINGSInternational Existing Building Code: The City of San Angelo has adopted the International ExistingBuilding Code, a developer-friendly code that allows for improvements that consider the design limitationsof older buildings to encourage adaptive reuse by allowing different levels of modification to existingstructures.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 REINVESTMENTZONE 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 CalvertABSENT: 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 ManagerI. 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