City Council June 28, 2011 Agenda Packet

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City Council June 28, 2011 Agenda Packet

  1. 1. NOTICE OF A PUBLIC MEETING INCLUDING ADDENDUM AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, June 28, 2011 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 6:30 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. Public Comment The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment.II. CONSENT AGENDA 1. Consideration of approving the June 7, 2011 City Council Regular meeting minutes 2. Consideration of authorizing the sale of the following residential properties for the appraised value and authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject properties, subject to completion of all curative requirements: a. 2454 Fishermans Road (Delaney), Lot 9, Group 14, $58,900 b. 2001 Willow Road (Tom Berscheidt Estate), Lot 2, Group 13, $139,300 c. 2017 Willow Road (Howard D. Ford Living Estate), Lot 6, Group 13, $92,700 d. 2161 Gun Club Road (Allred), Lot 9, Group 10, $83,400 e. 1609 Turtle Road (Hebert), Lot 69, Group Shady Point, $20,757 f. 1618 Shady Point Circle Drive (Green), Lot 2, Group Shady Point, $17,914 g. 6422 Lincoln Park Road East (Brown Management Trust), Lot 11, Group Lincoln Park, $46,594 3. Consideration of adopting a Resolution approving additional WIC Grant funding and authorizing City Manager to execute FY 2011 Contract Amendment for acceptance of $639,500.00 designated as extra Federal funds for building renovations and Peer Counselor Funds A RESOLUTION BY THE SAN ANGELO CITY COUNCIL ACCEPTING THE ADDITIONAL WIC GRANT FOR FISCAL YEAR 2010/2011; AND, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT AMENDMENT THEREFORE WITH THE TEXASCity Council Agenda Page 1 of 5 June 28, 2011
  2. 2. DEPARTMENT OF STATE HEALTH SERVICES, CONTRACT NO. 2011-037212, AND ANY RELATED DOCUMENTS 4. Consideration of approving a residential lease renewal at Lot 72, Group Shady Point, 1615 Turtle Drive (Manning/Martinez); and authorizing the Water Utilities Director to execute the same 5. Consideration of authorizing the City Manager to execute a contract with the U.S. Geological Survey for the operation of stream flow gauging stations 6. Consideration of adopting a Resolution approving and ratifying the Naming Rights Agreement by and between Citywise Marketing, LLC as authorized agent for the City of San Angelo and Foster Communications Co., Inc., renaming the San Angelo Coliseum to be known as the “Foster Communications Coliseum” 7. Consideration of adopting a Resolution authorizing applicant, Specialty Sports, Inc., DBA Ski Skeller Sports, to hold a special event at Lake Nasworthy known as "2011 Wake the Desert"; permitting specified activities; imposing requirements on applicant; and granting variances relating to rules and regulations of Lake Nasworthy, park ordinances and the City Noise Ordinance 8. Second Hearing and consideration of adoption of an Ordinance amending the 2010-2011 Budget for programs, capital projects and incomplete projects AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR PROGRAMS, CAPITAL PROJECTS AND INCOMPLETE PROJECTS 9. Second Hearing and consideration of adoption of an Ordinance annexing approximately 200 acres located southwest of San Angelo’s existing city limits, encompassing the Lake Nasworthy Power Station at 6465 Knickerbocker Road, an adjacent electric substation, an approximately 500-foot wide strip of land occupied by parallel arrays of electric power transmission lines, and an approximately 0.34-mile segment of right-of-way for Red Bluff Road AN ORDINANCE ANNEXING TERRITORY GENERALLY DESCRIBED TO BE APPROXIMATELY 200 ACRES OUT OF H. F. GANTZ SURVEY 179, C. DAMMAN SURVEY 180 AND C. A. VOIGT SURVEY 181 IN TOM GREEN COUNTY, TEXAS, BEING ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF SAN ANGELO; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; DESCRIBING THE TERRITORY ANNEXED AND PROVIDING A SERVICE PLAN THEREFORE; OBLIGATING THE PROPERTY SITUATED THEREIN TO BEAR ITS PRO RATA PART OF TAXES LEVIED; PROVIDING RIGHTS AND PRIVILEGES AS WELL AS DUTIES AND RESPONSIBILITIES OF INHABITANTS AND OWNERS OF SAID TERRITORY; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE 10. 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 Z 11-05: Sandra and George Rodriguez 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: three vacant lots facing south side of 2800 block of Houston Street and situated 100-250 feet west from North Garfield Street in west central San Angelo, changing the zoning classification from Single-Family Residence (RS-1) to an Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver)City Council Agenda Page 2 of 5 June 28, 2011
  3. 3. 11. 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 Z 11-06: San Angelo Planning Commission 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: eastern approximately three-quarters of City Park on west bank of North Concho River between East Twohig Avenue on the north and Rio Concho Drive on the south, as well as easternmost triangular segment of Bart DeWitt Park, also on west bank of North Concho River but located south of Rio Concho Drive, changing these properties’ zoning classification from Single-Family Residence (RS-1) to Central Business (CB) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYIII. REGULAR AGENDA: D. 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 551.074(a)(1), to consult with attorney on legal issues involving board and commission appointments 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 E. PUBLIC HEARING AND COMMENT 12. Public hearing and consideration of adopting a Resolution authorizing the adoption of the 2011-2016 Capital Improvement Plan for the City of San Angelo (Presentation by Finance Director Michael Dane) 13. Second Public Hearing to allow citizen input on requested projects to be considered for funding with Grant Year 2011 Community Development Block Grant and HOME Investment Partnerships Grant funds from the U.S. Department of Housing and Urban Development (Presentation by Neighborhood and Family Services Director Bob Salas) 14. Second Public Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-07: San Angelo Planning Commission 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: area bounded generally by the North Concho River on the north, South Oakes Street on the east, South Orient Railway on the south and, on the west, by a line located 140 feet west from and parallel to the west line of right-of-way for South Chadbourne Street, changing this area’s zoning classification from a combination of General Commercial (CG), General Commercial/Heavy Commercial (CG/CH) and Light Manufacturing (ML) Districts, to a Central Business (CB) District, PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver)City Council Agenda Page 3 of 5 June 28, 2011
  4. 4. Addendum Discussion and possible action regarding possible initiation of zone change on City-owned property located at 6002 Knickerbocker Road (Presentation by City Manager Harold Dominguez and Planning Manager AJ Fawver) 15. Discussion of the motor vehicle impoundment and towing process and any action in connection thereto (Requested by Councilmember Adams and presentation by Police Chief Tim Vasquez) 16. Discussion and consideration of the location for the treatment of the water from the Hickory Aquifer Water Development Project (Requested by Councilmember Morrison and presentation by Water Utilities Director Will Wilde) 17. First Public Hearing and consideration of introduction of an Ordinance amending the Animal Services Advisory Committee residency requirement AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BY AMENDING CHAPTER 2, ARTICLE 2.3800, ENTITLED “ANIMAL SHELTER ADVISORY COMMITTEE”, SECTION 2.3803 ENTITLED “COMPOSITION”, OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS AMENDING THE RESIDENCY REQUIREMENTS FOR VOTING ANIMAL SHELTER ADVISORY COMMITTEE MEMBERS AND PROVIDING FOR AN EXCEPTION FOR LICENSED VETERINARIANS WHO MAINTAIN A PHYSICAL LOCATION FOR THEIR PRACTICE WITHIN THE CITY FROM SAID RESIDENCY REQUIREMENTS; AND MAKING RELATED AMENDMENTS TO VOTING MEMBER PROVISIONS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE (Presentation by Health Services Manager Sandra Villarreal) 18. Discussion of posted speed limit and traffic data collected on Foster Road from Loop 306 Frontage Road South through Butler Farms Subdivision and any action in connection thereto (Presentation by City Engineer Clinton Bailey)Addendum 19. Consideration of issuing a Change Order #1 to the contract with Stoddard Construction Management Inc. (SCMI) (PUR-04-10B) for the construction of a basement and the installation and hook up of HVAC Equipment for the City Hall Plaza buildings ($1,634,805.90) and for the additional work related to the Auditorium ($163,973.33) and authorizing the City Manager or his designee to negotiate a contract and execute any related documents (Presentation by Construction Manager David Knapp)Addendum 20. Consideration of authorizing Amendment #1 pursuant to  Section  2.2  of  the Agreement for Construction Manager at Risk amending the contract with Templeton Construction for the North Concho River Improvements project, authorized on November 2, 2010, to include their Guaranteed Maximum Price ($9,300,000.00); authorizing an additional $300,000.00 allocated as contingency outside of the contract price allowing for a total project budget of $9,600,000.00; and authorizing the City Manager or his designee to execute any related documents (Presentation by Construction Manager David Knapp) 21. Discussion on identification alternatives in order to utilize the free once-a-month service at the City’s landfill (Requested by Councilmember Farmer) 22. Consideration of adopting a Resolution enacting Drought Stage, Level I, of the City’s Water Conservation/Drought Contingency Plan A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER TO PASS AN ORDINANCE ENTITLED “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN” (Presentation by Water Utilities Director Will Wilde) City Council Agenda Page 4 of 5 June 28, 2011
  5. 5. 23. First public hearing and consideration of introduction of an Ordinance amending the 2010-2011 Budget for grants AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR GRANTS (Presentation by Finance Director Michael Dane) 24. Discussion and consideration of overall budget goals and policy recommendations related to: a. General Fund Overview b. Water Rates for long-term water supply c. Other Budget Related Issues (Presentation by Finance Director Michael Dane) F. FOLLOW UP AND ADMINISTRATIVE ISSUES 25. Consideration of matters discussed in Executive/Session, if needed 26. Consideration of various Board nominations by Council and designated Councilmembers: a. Public Art Commission: Hal Noelke (SMD5) to a 2nd full term April 2013Addendum 27. Consideration of confirming the Civil Service Commission nomination-Teresa Special by City Manager and approval of same by City CouncilAddendum Consideration of rescheduling or postponing the July 5, 2011 and July 19, 2011 Regular City Council Meetings 28. Consideration of Future Agenda Items 29. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Wednesday, June 22, 2011, at 9:00 P.M. /s/________________________ Alicia Ramirez, City Clerk City Council Agenda Page 5 of 5 June 28, 2011
  6. 6. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 689Tuesday, June 7, 2011 Vol. 102 OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, June 7, 2011, inthe San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorizedmembers 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, with the exception of Councilmember Adams, thus constituting a quorum.Whereupon, the following business was transacted:An invocation was given by Reverend Don Dunavant and pledge was led by Kate Grindstaff, daughter ofAssistant City Manager Elizabeth Grindstaff.PUBLIC COMMENTNo one came forward to comment publicly.CONSENT AGENDAAPPROVAL OF THE CITY COUNCIL MAY 12, 2011 SPECIAL AND MAY 17, 2011 REGULARMEETING MINUTESAWARD OF BID WU-05-11 FOR POWER DISTRIBUTION EQUIPMENT TO CAIN ELECTRICALSUPPLY (SAN ANGELO, TX) IN THE AMOUNT OF $270,013.00 AND AUTHORIZATION FOR THECITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTSAUTHORIZATION FOR AMENDMENT #3 TO KILLIS ALMOND ARCHITECTS PROFESSIONALSERVICES CONTRACT SCOPE OF WORK IN THE AMOUNT OF $334,500.00 FOR THE DESIGN OFTHE AUDITORIUM EXPANSION & REHABILITATION AND AUTHORIZATION FOR THE CITYMANAGER OR HIS DESIGNEE TO NEGOTIATE A CONTRACT AND EXECUTE SAID CONTRACTAND ANY RELATED DOCUMENTSAUTHORIZATION FOR STAFF TO NEGOTIATE AN AGREEMENT BETWEEN THE CITY OF SANANGELO AND JACOBS ENGINEERING FOR PROFESSIONAL ENGINEERING SERVICES, BASED ONTHE RECOMMENDATION OF THE UPPER COLORADO RIVER AUTHORITY, THE CITY’SCONTRACTED PROJECT OVERSIGHT AGENT OF THE PROJECT, IN THE AMOUNT OF $57,700.00FOR THE NORTH CONCHO RIVER PROJECT, AND AUTHORIZATION FOR THE CITY MANAGERTO EXECUTE SAID AGREEMENTAPPROVAL OF A RESIDENTIAL LEASE RENEWAL FOR PROPERTY LOCATED ON LOT 4, GROUP2, 1814 COVE ROAD (WILLIAMS) AND AUTHORIZATION FOR THE MAYOR, CITY MANAGER, ORWATER UTILITIES DIRECTOR TO EXECUTE SAID LEASE RENEWAL
  7. 7. Page 690 MinutesVol. 102 June 7, 2011AUTHORIZATION FOR A TAX INCREMENT REINVESTMENT ZONE BOARD’SRECOMMENDATION TO INCREASE THE REQUIRED FUNDING MATCH FOR THE NEW FREEDOMGRANT IN THE DOWNTOWN AREA BY $24,676 DUE TO THE INELIGIBILITY OFTRANSPORTATION DEVELOPMENT CREDITS (TDCS) ORIGINALLY PROPOSED TO BE USED ASCREDITS AGAINST THIS PROJECTAUTHORIZATION FOR A TAX INCREMENT REINVESTMENT ZONE (TIRZ) BOARD’SRECOMMENDATION TO REVISE THE DOWNTOWN PORTION OF THE TIRZ INCENTIVE POLICYAS FOLLOWS: LIMIT ASBESTOS ABATEMENT INCENTIVE TO 50% OF TOTAL COST OFABATEMENT THE TIRZ CONTRIBUTION NOT TO EXCEED $15,000 PER PROJECT; PROVIDE FORA CASE BY CASE CONSIDERATION BY THE BOARD OF LARGER PROJECTS; AND DELETE ALLREFERENCES TO PER SQUARE FOOT AND / OR PER LINEAR FOOT INCENTIVES; ADD A NEWINCENTIVE FOR FIRE SPRINKLER AND MONITORED SMOKE ALARM SYSTEMS, THE TOTALINCENTIVE TO BE 50% OF THE COST OF THE SYSTEM, THE TIRZ CONTRIBUTION NOT TOEXCEED $5,000 PER PROJECTAPPROVAL OF VARIANCES TO THE CITY CODE FOR THE DRAG BOAT RACES WHICH WILL BEHELD ON JUNE 24 THROUGH JUNE 26, 2010 AT LAKE NASWORTHYADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TONEGOTIATE AND EXECUTE AN AGREEMENT ESTABLISHING THE TERMS AND CONDITIONSFOR THE CITY’S ACCEPTANCE OF THE DONATION OF 5.501 ACRES OF REAL PROPERTYLOCATED ADJACENT TO THE MUNICIPAL WATER TREATMENT PLANT BY SPECIALWARRANTY GIFT DEED, “AS-IS, WHERE-IS AND WITH ALL FAULTS”, FROM AEP TEXAS NORTHCOMPANY AS GRANTOR, AND RELATED DOCUMENTS (ANNEX A, PAGE 699, ORDINANCE#2011-06-055R)SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING ARTICLE 5.902 OF THECITY OF SAN ANGELO CODE OF ORDINANCES RELATED TO THE MAXIMUM NUMBER OFGARAGE SALES HELD BY AN OWNER OF PROPERTY (ANNEX B, PAGE 703, ORDINANCE #2011-06-056)AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF SANANGELO, TEXAS, OF WHICH ARTICLE 5.900 ADOPTS GARAGE SALE REGULATIONS,SPECIFICALLY BY AMENDING SUBSECTION 5.902(b) TO STIPULATE THAT THE NUMBER OFGARAGE SALES ALLOWED ANNUALLY BE LIMITED TO THE NUMBER THREE (3); PROVIDINGFOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATESECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2010-2011 BUDGETFOR GRANTS, CAPITAL PROJECTS AND INCOMPLETE PROJECTS (ANNEX C, PAGE 705,ORDINANCE #2011-06-057)AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCALYEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR GRANTS, CAPITALPROJECTS AND INCOMPLETE PROJECTSCouncilmember Morrison requested the purchase of the Mechanical Equipment be considered under theRegular agenda.Motion, to approve the Consent Agenda, with the exception of the purchase of the Mechanical Equipment forCity Hall, as presented, was made by Councilmember Farmer and seconded by Councilmember Silvas. Motioncarried unanimously.
  8. 8. Minutes Page 691June 7, 2011 Vol. 102REGULAR AGENDA: PUBLIC HEARING AND COMMENTAPPROVAL TO PURCHASE MECHANICAL EQUIPMENT IN THE AMOUNT OF $499,217.00 FOR THECITY HALL COMPLEX FROM THE COOPERATIVE PURCHASING NETWORK (TCPN) ANDAUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE A CONTRACTAND EXECUTE ANY RELATED DOCUMENTSAssistant City Manager Elizabeth Grindstaff explained the need and purchase for the equipment. City ManagerHarold Dominguez further explained the budget allocation for the item.Discussion was held on the purchase of the equipment and scope of work as a separate project from therehabilitation, and the purchase of the equipment within the allowable budgeted allocation.Motion, to approve, as presented, was made by Councilmember Farmer and seconded by CouncilmemberHirschfeld. AYE: New, Alexander, Silvas, Hirschfeld, and Farmer. NAY: Morrison. Motion carried 5-1.ADOPTION OF AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF SANANGELO, TEXAS, COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATES OFOBLIGATION, SERIES 2011A, FOR CAPITAL IMPROVEMENT PROJECTS CONSISTING OF PUBLICPARK IMPROVEMENTS, INCLUDING TRAIL IMPROVEMENTS AND CONCHO RIVER BANKSTABILIZATION AND DREDGING, RENOVATING AND IMPROVING THE MUNICIPALAUDITORIUM, CONSTRUCTING, IMPROVING AND EQUIPPING SPORTS AND ATHLETICFACILITIES, ADDITIONS AND IMPROVEMENTS TO THE FORT CONCHO NATIONAL HISTORICALLANDMARK, INCLUDING FEES FOR STUDY AND DESIGN OF THE VISITORS CENTER,IMPROVEMENTS AND RENOVATIONS AT THE SAN ANGELO FAIRGROUNDS, INCLUDINGLIVESTOCK BARNS AND RELATED INFRASTRUCTURE AND RENOVATING CITYADMINISTRATIVE OFFICES AT THE MUNICIPAL AIRPORT; LEVYING AN ANNUAL ADVALOREM TAX AND PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES; PROVIDING ANEFFECTIVE DATE; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT (ANNEX D,PAGE 709, ORDINANCE #2011-06-058)Finance Director Michael Dane, Specialized Public Financing President and Financial Advisor Vince Vialle,and outside Legal representation Leroy Grawunder presented background information.Councilmember Farmer clarified the design of the Visitors Center mentioned in the publication was for the Ft.Concho project.Motion, to adopt the Ordinance, as presented, was made by Councilmember Farmer and seconded byCouncilmember Hirschfeld. Motion carried unanimously.ADOPTION OF A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION ANDDELIVERY OF A SERVICE CONTRACT WITH THE CITY OF SAN ANGELO DEVELOPMENTCORPORATION RELATING TO THE CITY ISSUING CERTIFICATES OF OBLIGATION TOPROVIDE FUNDS FOR PUBLIC PARK IMPROVEMENTS, INCLUDING TRAIL IMPROVEMENTSAND CONCHO RIVER BANK STABILIZATION AND DREDGING, RENOVATING ANDIMPROVING THE MUNICIPAL AUDITORIUM, CONSTRUCTING, IMPROVING ANDEQUIPPING SPORTS AND ATHLETIC FACILITIES, ADDITIONS AND IMPROVEMENTS TOTHE FORT CONCHO NATIONAL HISTORICAL LANDMARK, INCLUDING FEES FOR STUDYAND DESIGN OF THE VISITORS CENTER, IMPROVEMENTS AND RENOVATIONS AT THESAN ANGELO FAIRGROUNDS, INCLUDING LIVESTOCK BARNS AND RELATEDINFRASTRUCTURE AND RENOVATING CITY ADMINISTRATIVE OFFICES AT THEMUNICIPAL AIRPORT; APPROVING THE EXPENDITURE OF FUNDS BY THE CORPORATIONTO PAY COSTS RELATED TO SUCH PROJECTS, INCLUDING DEBT SERVICE ON THECERTIFICATES OF OBLIGATION; AND CONTAINING OTHER PROVISIONS RELATEDTHERETO (ANNEX E, PAGE 735, RESOLUTION #2011-06-059R)
  9. 9. Page 692 MinutesVol. 102 June 7, 2011Finance Director Michael Dane presented background information.Motion, to adopt the Resolution, as presented, was made by Councilmember Farmer and seconded byCouncilmember Hirschfeld. Motion carried unanimously.ADOPTION OF AN RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUECOMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION FOR WATER SYSTEMPROJECTS INCLUDING GROUNDWATER PRODUCTION FACILITIES AND COLLECTION,TREATMENT, STORAGE AND TRANSMISSION FACILITIES (ANNEX F, PAGE 737, RESOLUTION#2011-06-060R)Finance Director Michael Dane presented background information. He recommended adding the Hickory Wellfield verbiage to the Resolution and notice. Council concurred. He informed that Council will meet again onJuly 19 to adopt the resolution.Motion, to adopt the Resolution, with the recommended change, was made by Councilmember Morrison andseconded by Councilmember Silvas.Councilmember Morrison requested a future agenda item to discuss the treatment of the radium water at thenext meeting.A vote was taken on the motion on the floor. Motion carried unanimously.ADOPTION OF A RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OFWATER SYSTEM IMPROVEMENT PROJECTS INCLUDING GROUNDWATER PRODUCTIONFACILITIES AND COLLECTION, TREATMENT, STORAGE AND TRANSMISSION FACILITIES(ANNEX G, PAGE 739, RESOLUTION #2011-06-061R)Finance Director Michael Dane presented background information.Motion, to adopt the Resolution, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Farmer.Discussion was held on the funding source for the design work of the project and the reason or necessity for thereimbursement prior to the issuance of the bond monies.A vote was taken on the motion on the floor. AYE: New, Alexander, Hirschfeld, and Farmer. NAY:Morrison and Silvas. Motion carried 4-2.ADOPTION OF A RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OFMUNICIPAL CAPITAL IMPROVEMENT PROJECTS CONSISTING OF PUBLIC PARKIMPROVEMENTS, INCLUDING TRAIL IMPROVEMENTS AND CONCHO RIVER BANKSTABILIZATION AND DREDGING, RENOVATING AND IMPROVING THE MUNICIPALAUDITORIUM, CONSTRUCTING, IMPROVING AND EQUIPPING SPORTS AND ATHLETICFACILITIES, ADDITIONS AND IMPROVEMENTS TO THE FORT CONCHO NATIONAL HISTORICALLANDMARK, INCLUDING FEES FOR STUDY AND DESIGN OF THE VISITORS CENTER,IMPROVEMENTS AND RENOVATIONS AT THE SAN ANGELO FAIRGROUNDS, INCLUDINGLIVESTOCK BARNS AND RELATED INFRASTRUCTURE AND RENOVATING CITYADMINISTRATIVE OFFICES AT THE MUNICIPAL AIRPORT (ANNEX H, PAGE 743, RESOLUTION#2011-06-062R)Finance Director Michael Dane presented background information.Motion, to adopt the Resolution, as presented, was made by Councilmember Farmer and seconded byCouncilmember Hirschfeld. AYE: New, Alexander, Hirschfeld, and Farmer NAY: Morrison and Silvas.Motion carried 4-2.Mayor left the meeting at 9:52 P.M.
  10. 10. Minutes Page 693June 7, 2011 Vol. 102FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2010-2011BUDGET FOR PROGRAMS, CAPITAL PROJECTS AND INCOMPLETE PROJECTSAN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCALYEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR PROGRAMS,CAPITAL PROJECTS AND INCOMPLETE PROJECTSFinance Director Michael Dane presented background information.Mayor returned to the meeting at 9:55 A.M.Equipment Maintenance Superintendant Patrick Frerich explained the repairs to the fuel island and distributedan estimate for the scope of work. A copy of the document is part of the Permanent Supplemental Record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Farmer and seconded byCouncilmember Hirschfeld. Motion carried unanimously.DISCUSSION OF 2011-2016 CAPITAL IMPROVEMENT PLANFinance Director Michael Dane presented background information. A copy of the presentation is part of thePermanent Supplemental Record.Discussion was held on the reprioritization of the various listed and unlisted projects, capital funding sources,levied stormwater fee and amount to date collected, and the factors considered when establishing the prioritiesand ranking criteria (road condition, traffic count, & safety). Council suggested including property damage tothe ranking criteria.Public comments were made by citizens Jim Turner, Terry Giroux, and Ralph Philbourne.RECESSAt 11:07 A.M., Mayor New called a recess.RECONVENEAt 11:24 P.M., Council reconvened, and the following business was transacted:FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE ANNEXINGAPPROXIMATELY 200 ACRES LOCATED SOUTHWEST OF SAN ANGELO’S EXISTING CITYLIMITS, ENCOMPASSING THE LAKE NASWORTHY POWER STATION AT 6465 KNICKERBOCKERROAD, AN ADJACENT ELECTRIC SUBSTATION, AN APPROXIMATELY 500-FOOT WIDE STRIP OFLAND OCCUPIED BY PARALLEL ARRAYS OF ELECTRIC POWER TRANSMISSION LINES, AND ANAPPROXIMATELY 0.34-MILE SEGMENT OF RIGHT-OF-WAY FOR RED BLUFF ROADAN ORDINANCE ANNEXING TERRITORY GENERALLY DESCRIBED TO BE APPROXIMATELY 200ACRES OUT OF H. F. GANTZ SURVEY 179, C. DAMMAN SURVEY 180 AND C. A. VOIGT SURVEY181 IN TOM GREEN COUNTY, TEXAS, BEING ADJACENT AND CONTIGUOUS TO THE PRESENTCORPORATE LIMITS OF THE CITY OF SAN ANGELO; FINDING THAT ALL NECESSARY ANDREQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; DESCRIBING THE TERRITORYANNEXED AND PROVIDING A SERVICE PLAN THEREFORE; OBLIGATING THE PROPERTYSITUATED THEREIN TO BEAR ITS PRO RATA PART OF TAXES LEVIED; PROVIDING RIGHTS ANDPRIVILEGES AS WELL AS DUTIES AND RESPONSIBILITIES OF INHABITANTS AND OWNERS OFSAID TERRITORY; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVEDATEPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Record.
  11. 11. Page 694 MinutesVol. 102 June 7, 2011Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded byCouncilmember Morrison. Motion carried unanimously.ADOPTION OF A RESOLUTION BY THE SAN ANGELO CITY COUNCIL ACCEPTING FUNDS FROMTHE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT), TRANSPORTATION ENHANCEMENTPROGRAM; AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANADVANCE FUNDING AGREEMENT WITH TXDOT FOR A TRANSPORTATION ENHANCEMENT(TE) PROJECT DESCRIBED AS RED ARROYO SHARED-USE PATHWAY THAT PROVIDES FOR THEDIVISION OF COSTS AND RESPONSIBILITIES ASSOCIATED WITH THE DESIGN ANDCONSTRUCTION OF THE PROJECT; AND, AUTHORIZATION FOR THE CITY TO PROVIDE LOCALMATCHING FUNDS (ANNEX I, PAGE 747, ORDINANCE #2011-06-063)Transportation Planner Doray Hill, Jr. presented background information. A copy of the presentation is part ofthe Permanent Supplemental Record. A map showing the location of the various parks was displayed.Discussion was held on the funding match and leveraging of funds from the stormwater fund and other fundingsources, completed park and recreation projects and their associated operating and maintenance components,and priority of this project in comparison to existing capital improvement projects.Motion, to adopt the Resolution, as presented, was made by Councilmember Alexander and seconded byCouncilmember Hirschfeld.Public comments were made by citizens Ralph Philbourne, Jim Raymond, Yvonne Holsey, Bill Cullins, and JimTurner.A vote was taken on the motion on the floor. Motion carried unanimously.RECESSAt 1:04 P.M., Mayor New called a recess.Mayor left the meeting at 1:04 P.M. and did not return.EXECUTIVE/CLOSED SESSIONAt 1:30 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 551.087 to discuss an offer of financial or other incentive to acompany or companies with whom the City of San Angelo is conducting economic development negotiationsand which the City of San Angelo seeks to have, locate, stay or expand in San AngeloOPEN SESSION (continued)At 2:16 P.M. City Council concluded the Executive/Closed Session whereupon the following business wastransacted:RECESSAt 2:16 P.M., Mayor Tempore Charlotte Farmer called a recess.RECONVENEAt 2:27 P.M., Council reconvened, with the exception of the Mayor, and the following business was transacted.Mayor Pro Tempore Charlotte Farmer led and continued the meeting.
  12. 12. Minutes Page 695June 7, 2011 Vol. 102FIRST PUBLIC HEARING TO ALLOW CITIZEN INPUT ON REQUESTED PROJECTS TO BECONSIDERED FOR FUNDING WITH GRANT YEAR 2011 COMMUNITY DEVELOPMENT BLOCKGRANT AND HOME INVESTMENT PARTNERSHIPS GRANT FUNDS FROM THE U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND DISCUSSION ANDDELIBERATION ON FUNDING ALLOCATIONS FOR SAID FUNDSNeighborhood and Family Services Director Bob Salas and Senior Program Coordinator Mauri Rodriguezpresented background information. A copy of the presentation is part of the Permanent Supplemental Record.No one came forward to comment publicly.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ 11-05: Sandra and George RodriguezAN 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: three vacant lots facing south side of 2800 block of Houston Street andsituated 100-250 feet west from North Garfield Street in west central San Angelo, changing the zoningclassification from Single-Family Residence (RS-1) to an Neighborhood Commercial (CN) District;PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Alexander and seconded byCouncilmember Morrison. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ 11-06: San Angelo Planning CommissionAN 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: eastern approximately three-quarters of City Park on west bank of NorthConcho River between East Twohig Avenue on the north and Rio Concho Drive on the south, as well aseasternmost triangular segment of Bart DeWitt Park, also on west bank of North Concho River but located southof Rio Concho Drive, changing these properties’ zoning classification from Single-Family Residence (RS-1) toCentral Business (CB) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Alexander and seconded byCouncilmember Hirschfeld. Motion carried unanimously.
  13. 13. Page 696 MinutesVol. 102 June 7, 2011FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ 11-07: San Angelo Planning CommissionAN 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: area bounded generally by the North Concho River on the north, SouthOakes Street on the east, South Orient Railway on the south and, on the west, by a line located 140 feet westfrom and parallel to the west line of right-of-way for South Chadbourne Street, changing this area’s zoningclassification from a combination of General Commercial (CG), General Commercial/Heavy Commercial(CG/CH) and Light Manufacturing (ML) Districts, to a Central Business (CB) District, PROVIDING FORSEVERABILITY AND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Alexander. AYE: Alexander, Silvas, Hirschfeld, and Farmer. NAY: Morrison. Motioncarried 4-1.POSTPONEMENT OF THE FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCEAMENDING ARTICLE 5.100, ALCOHOLIC BEVERAGES REGULATIONS AND DELETING SECTION8.119, UNLAWFUL TO CARRY ALCOHOLIC BEVERAGES OF THE CITY OF SAN ANGELO CODE OFORDINANCES AS RELATED TO THE TEXAS BANK SPORTS COMPLEX AND THE 29TH STREETRECREATION AREAAN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO,TEXAS BY AMENDING CHAPTER 8, OFFENSES AND NUISANCES, ARTICLE 8.100, GENERALOFFENSES, BY REPEALING SECTION 8.119, ENTITLED UNLAWFUL TO CARRY ALCOHOLICBEVERAGES INTO THE 29TH STREET RECREATION AREA; AMENDING CHAPTER 5, BUSINESSAND COMMERCE, ARTICLE 5.100, ALCOHOLIC BEVERAGES REGULATIONS, BY ADDINGSECTION 5.107 ENTITLED, ALCOHOLIC BEVERAGES IN THE TEXAS BANK SPORTS COMPLEX,RESTRICTING ALCOHOL IN THE TEXAS BANK SPORTS COMPLEX; PROVIDING FOR PERMITSAUTHORIZING ALCOHOL FOR SPECIFIC EVENTS ON CONDITIONS STATED IN THE TEXASBANK SPORTS COMPLEX; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY; AND,PROVIDING FOR AN EFFECTIVE DATEMayor Pro Tempore Farmer suggested postponement of the ordinance until the next meeting on June 28, 2011.Council concurred.TABLING OF THE FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCEAMENDING CHAPTER 9, LAKES, PARKS AND RECREATION AREAS, ARTICLES 9.100 AND 6.300OF THE CITY OF SAN ANGELO CODE OF ORDINANCES RELATED TO RULES ANDREGULATIONS GOVERNING THE USE OF THE WATERS OF AND OF CITY-OWNED AND -MANAGED PROPERTY ADJACENT TO LAKE NASWORTHY AND TWIN BUTTES RESERVOIRAN ORDINANCE REPEALING AND REPLACING CHAPTER 9, ARTICLE 9.100, OF THE SANANGELO CODE OF ORDINANCES, ENTITLED “LAKE NASWORTHY-TWIN BUTTES”; ADOPTING ARESTATED ARTICLE 9.100 ENTITLED “LAKE NASWORTHY-TWIN BUTTES”; PROVIDING FORRULES AND REGULATIONS FOR THE GOVERNANCE OF THE WATERS OF LAKE NASWORTHYAND THE USE OF THE SHORE LINES THEREOF AND OF CITY OWNED PROPERTY ADJACENTTHERETO, AND THE USE OF THE WATERS AND LAND OF TWIN BUTTES RESERVOIR OWNED
  14. 14. Minutes Page 697June 7, 2011 Vol. 102OR CONTROLLED BY THE CITY, AND OTHER LAND OR WATERS OWNED OR CONTROLLED BYTHE CITY, WHETHER WITHIN OR OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF SANANGELO; REPEALING AND REPLACING ARTICLE 9.400, ENTITLED “PENALTY; ADOPTING ARESTATED ARTICLE 9.400 ENTITLED “PENALTY”; PROVIDING FOR A PENALTY FOR VIOLATIONOF ANY PROVISION OF ARTICLE 9.100, ENTITLED “LAKE NASWORTHY-TWIN BUTTES”, OR9.200, ENTITLED “PARKS”; AMENDING APPENDIX A, BY REPEALING AND RESTATING ARTICLE6.000, ENTITLED “PARK USER FEES”; ADOPTING A RESTATED ARTICLE 6.000 ENTITLED “PARKUSER FEES” PROVIDING FOR FEES PAID FOR LOT LEASES, ANNUAL RENT TRANSFER FEES,GRANTING FEES, ANNUAL RENT, RENT ESCALATION, LATE FEES, CAMPSITE FEES, ANDENTRANCE FEES; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATEParks and Recreation Director Carl White presented background information. A copy of the presentation is partof the Permanent Supplemental Record. City Manager Harold Dominguez informed that the welding andinstallation of the fencing had been placed on hold due to the burn ban.Motion, to table the item until the June 28, 2011 meeting, was made by Councilmember Alexander andseconded by Councilmember Hirschfeld. Motion carried unanimously.POSTPONEMENT OF THE FIRST PUBLIC HEARING AND CONSIDERATION OF INTRODUCTION OFAN ORDINANCE AMENDING THE ANIMAL SERVICES ADVISORY COMMITTEE RESIDENCYREQUIREMENTAN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO,TEXAS BY AMENDING CHAPTER 2, ARTICLE 2.3800, ENTITLED “ANIMAL SHELTER ADVISORYCOMMITTEE”, SECTION 2.3803 ENTITLED “COMPOSITION”, OF THE CODE OF ORDINANCES OFTHE CITY OF SAN ANGELO, TEXAS AMENDING THE RESIDENCY REQUIREMENTS FOR VOTINGANIMAL SHELTER ADVISORY COMMITTEE MEMBERS AND PROVIDING FOR AN EXCEPTIONFOR LICENSED VETERINARIANS WHO MAINTAIN A PHYSICAL LOCATION FOR THEIRPRACTICE WITHIN THE CITY FROM SAID RESIDENCY REQUIREMENTS; AND MAKINGRELATED AMENDMENTS TO VOTING MEMBER PROVISIONS; PROVIDING FOR SEVERABILITY;AND, PROVIDING FOR AN EFFECTIVE DATEMayor Pro Tempore Farmer suggested postponement of the ordinance until the next meeting on June 28, 2011.Council concurred.APPROVAL OF A REQUEST FOR SUPPORT FOR THE KEEP SAN ANGELO BEAUTIFUL 2011GREAT AMERICAN CLEANUP, INCLUDING, BUT NOT LIMITED TO, WAIVING LANDFILL FEESCode Compliance Manager James Flores presented background information.Motion, to approve the request, as presented, was made by Councilmember Morrison and seconded byCouncilmember Silvas. Motion carried unanimously.POSTPONEMENT OF ESTABLISHING A GAS RECYCLING PROGRAM AT THE CITY LANDFILLAssistant City Manager Elizabeth Grindstaff suggested postponing the item to a future meeting. Councilconcurred.FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONNo action was taken on matters discussed in Executive/Closed Session.APPROVAL OF A BOARD NOMINATION BY COUNCIL AND DESIGNATED COUNCILMEMBERS:Public Art Commission: John Mattson (SMD4) to a 1st full term April 2013
  15. 15. Page 698 MinutesVol. 102 June 7, 2011Motion, to approve the board nomination by Council and designated Councilmembers, was made byCouncilmember Hirschfeld and seconded by Councilmember Morrison. Motion carried unanimously.CONSIDERATION OF FUTURE AGENDA ITEMSCity Manager Harold Dominguez distributed the proposed June 7, 2011 Agenda and solicited Councilcomments and suggestions.Mr. Dominguez stated budget discussion and review will be scheduled for the next meeting.Additional items requested by City Council members:• City of San Angelo Development Corporation projects and compliance report• Discuss identification alternatives in order to utilize the free once a month service at the City’s landfill• Discuss the location of the treatment of the Hickory Well Field radium water• Reconsider the variance for the off-site electronic sign at 1003-1011 Caddo Street discussed at the May 17, 2011 meetingADJOURNMENTMotion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld.Motion carried unanimously.The meeting adjourned at 3:40 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkAnnexes A-IIn 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.)
  16. 16. City of San AngeloMemo Date: June 15, 2011 To: Mayor and Councilmembers From: Will Wilde, Water Utilities Director Subject: Agenda Item for June 28, 2011 Council Meeting Contact: Will Wilde, Water Utilities Director, 657-4209 Caption: Consent Item Consideration of authorizing the sale of the following residential properties for the appraised value and authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject properties, subject to completion of all curative requirements. Summary: Delaney 2454 Fishermans Road Lot 9, Group 14 $58,900 Tom Berscheidt Estate 2001 Willow Road Lot 2, Group 13 $139,300 Howard D. Ford Living Estate 2017 Willow Road Lot 6, Group 13 $92,700 Allred 2161 Gun Club Road Lot 9, Group 10 $83,400 Hebert 1609 Turtle Road Lot 69, Group Shady Point $20,757 Green 1618 Shady Point Circle Drive Lot 2, Group Shady Point $17,914 Brown Management Trust 6422 Lincoln Park Road East Lot 11, Group Lincoln Park $46,594 History: None. Financial Impact: Proceeds from the sale of lake lots go into the Lake Nasworthy Trust Fund. Related Vision Item (if applicable): None. Other Information/Recommendation: If the sales are approved at the appraised value, a title examination will be performed and legal staff will prepare a Real Estate Contract of Sale, Special Warranty Deed and Surrender of Lease, as previously approved by City Council. Staff recommends approval.
  17. 17. Attachments: Appraisal Reports (Delaney); (Berscheidt); (Ford); (Allred); (Hebert); (Green); (Brown Management Trust)Presentation: None.Publication: None.Reviewed by Service Area Director: Will Wilde, Water Utilities Director, June 15, 2011.
  18. 18. City of San AngeloMemoDATE: 06-08-2011TO: Mayor and Council MembersFROM: Gloria Hale, WIC Program Manager thSUBJECT: Agenda Item for June 28 2011 Council MeetingCONTACT: Gloria Hale 657-4397, COSA #1321CAPTION: ConsentConsideration of approving additional WIC Grant funding and authorizing City Manager to execute FY 2011Contract Amendment for acceptance of $639,500.00 designated as extra Federal funds for building renovationsand Peer Counselor Funds________________________________________________________________________________________SUMMARY: Funds requested to offset costs of renovating Health Building or Old Library for WIC andadditional WIC Peer Counselor funds have been granted with stipulation funds are invoiced and billed forby end of current Fiscal Year.HISTORY: City of San Angelo acting as contractor and holding DSHS WIC Contract to operate Women,Infants and Children’s Nutrition Program requested grant of federal funds through Texas Department ofState Health, WIC Division.FINANCIAL IMPACT: • $600,000 Federal Funds to offset WIC Renovation costs will be available locally, designated as WIC expenditures for renovation of #2 City Hall Plaza Building. • $39,500 Federal Funds will be for WIC Peer Counselor salary for current FY.RELATED GOAL ITEM: Foster a sense of community.OTHER INFORMATION/RECOMMENDATIONS: Staff recommends that Council approve WIC Contractamendment and authorize City Manager to execute related document to accept requested funds.ATTACHMENTS: Letter of Amendment and ResolutionPRESENTATION: NonePUBLICATION: NoneREVIEWED BY DEPARTMENT DIRECTOR: Robert Salas, Director, Neighborhood & Family Services
  19. 19. TEXAS DEPARTMENT OF STATE HEALTH SERVICES 1100 West 49th Street • Austin, Texas 78756 P.O. Box 149347 • Austin, Texas 78714-9347DAVID L. LAKEY, M.D. 1-888-963-7111 • www.dshs.state.tx.usCOMMISSIONER TDD: 1-800-735-2989 Letter of Amendment June 17, 2011 Gloria Hale, WIC Program Director LA # 056, City of San Angelo P.O. Box 1751 San Angelo, TX 76902 Dear Ms. Hale: The City of San Angelo WIC contract will be amended to reflect revisions as detailed in the table below. This letter constitutes a formal contract amendment. Project Current Project Contact Amended Amended Revised Award Amount Amount Project Amount Increase (Decrease) Total Peer Kristina Arrieta Counselor $48,355.00 kristina.arrieta@dshs.state.tx.us $31,000.00 $79,355.00 (512) 341-4592 Extra Benny Jasso Funding $0.00 benny.jasso@dshs.state.tx.us $608,500.00 $608,500.00 (512) 341-4573 This project increase will be reflected in your contract “Not to Exceed” amount as shown below: Contract “Not to Exceed” Amount Revised Contract Current Contract Amended Amount Amended Amount Increase (Decrease) “Not to Exceed” Amount Amount $964,011.00 $639,500.00 $1,603,511.00 Funds are awarded with the understanding that any procurements using these funds will be in compliance with the Uniform Grants Management Standards (UGMS), WIC policies and 7 CFR Part 3016. This letter is approval for funding only. It does not relieve the agency from seeking additional approvals as required by WIC Policy. An Equal Employment Opportunity Employer and Provider
  20. 20. Ms. HaleJune 17, 2011Page 2In order for the State Agency to track these expenditures, please bill for each specialproject(s) listed above on a separate State of Texas Purchase Voucher (B-13). Label eachvoucher with the specific project name as well as allocations to Administrative (Admin),Nutrition Education (NE) and Breastfeeding (BF) costs. Vouchers without allocations listedwill be applied toward Admin.For questions regarding funding decisions, please contact Benny Jasso, WIC Program, at(512) 341-4573, or benny.jasso@dshs.state.tx.us. For questions regarding purchase requests,please contact Alisin Genfan, Contract Development and Support Branch, at (512) 458-7111,extension 3156, or alisin.genfan@dshs.state.tx.us.Sincerely,Mike Montgomery, Section DirectorNutrition Services SectionAG An Equal Employment Opportunity Employer and Provider
  21. 21. A RESOLUTION BY THE SAN ANGELO CITY COUNCIL ACCEPTING THE ADDITIONAL WIC GRANT FOR FISCAL YEAR 2010/2011; AND, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT AMENDMENT THEREFORE WITH THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES, CONTRACT NO. 2011- 037212, AND ANY RELATED DOCUMENTS. WHEREAS, the City Council has adopted the Budget Ordinance for the City of San Angelo,for fiscal year 2010/2011, which authorized the application for annual Women, Infant, and ChildrenGrant (WIC) funds for fiscal year 2010/2011; and, WHEREAS, the Texas Department of State Health Service has awarded Nine Hundred Sixty-Four Thousand Eleven Dollars ($964,011.00) in funding payable on a reimbursement basis for fiscalyear 2010/2011, pursuant to terms and conditions as set forth in Contract No. 2011-037212; and, WHEREAS, the Texas Department of State Health Services has approved an amendment tothe contract to increase funding by $639,500.00, for a total revised contract amount not to exceed$1,603,511.00, for purposes of offsetting the costs of renovation of the Health Building or old librarybuilding for WIC and additional WIC Peer Counselor funds; and, WHEREAS, the WIC program is administered by the City of San Angelo, Neighborhood andFamily Services Department: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS THAT: The City Council hereby accepts and ratifies the additional WIC grant from the TexasDepartment of State Health Service for fiscal year 2010/2011, in the additional sum of Six HundredThirty Nine Thousand Five Hundred Dollars (639,500.00). The City Manager or his designee ishereby authorized to execute on behalf of the City of San Angelo an amendment to Contract No.2011-037212 with the Texas Department of State Health Service therefore, and any relateddocuments. PASSED and APPROVED THIS DAY OF , 2011. CITY OF SAN ANGELO, TEXASATTEST: Alvin New, MayorAlicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORMRobert Salas Lysia H. BowlingDirector of Neighborhood and Family Services City Attorney
  22. 22. City of San AngeloMemoDate: June 1, 2011To: Mayor and Council MembersFrom: Will Wilde, Water Utilities DirectorSubject: Consent Item June 28, 2011 Council MeetingContact: Will Wilde, Water Utilities Director, 657-4209Caption: Consideration of approving a residential lease renewal withTracy Manning and Mario M. Martinez at Lot 72, Group Shady Point, 1615Turtle Drive; and authorizing the Water Utilities Director to execute the same.Summary: The leaseholder’s current lease expires in 2013 and theywould like to execute a new 40 year lease for financing purposes.History: Lease fees are current and there are no issues with thelease on this tract.Financial Impact: Current lease fees: 2011-2016 $539 New lease fees: 2011-2016 $593 2028-2050 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 (Manning and Martinez)Presentation: None.Publication: None.Reviewed by Svc. Area Director: Will Wilde, Water Utilities Director,June 1, 2011.
  23. 23. 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 Tracy Manning and Mario M.Martinez whose address is 3838 Sunset, San Angelo,TX 76904 ("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 72, Group Shady Point, 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 1615 Turtle Drive). II. TERM, FEES AND RENT FIXED COMMENCEMENT AND TERMINATION DATE2.1 This lease is granted for a period of forty (40) years beginning July 1, 2011 andending June 30, 2051, in consideration of the initial payment of $150.00, which paymentincludes the granting fee, receipt of which payment is hereby acknowledged, and thefurther consideration of Lessees payment of future annual rent in accordance withsubsequent paragraphs hereof and Lessees compliance with the stipulations andconditions 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 July 1 during the term of this lease in accordance with thefollowing schedule: Dates Annual Rent For the Years 2011 Through 2016 $ 593.00 For the Years 2017 Through 2050 Market Value *
  24. 24. * 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 alltaxes, general and special assessments, and other charges of every description whichduring the term of this lease may be levied on or assessed against the leased premisesand all interest therein and all improvements and other property thereon, whetherbelonging to Lessor or Leaser to which either of them may become liable. Lessee shallpay all such taxes, charges, and assessments to the public officer charged with thecollection thereof not less than fifteen (15) days before the same shall becomedelinquent, and Lessee agrees to indemnify and save harmless Lessor from all suchtaxes, charges and assessments. Failure to pay such taxes and special assessmentsas provided herein shall, 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 of
  25. 25. laying 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 leasedpremises, Lessee shall pay his pro rata share of paving, curb and gutter costs pursuantto prevailing 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
  26. 26. requirements. No septic tank shall be placed, constructed, or maintained nearerthan 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to anyproperty line. All wastewater facilities shall conform to all of the Citys wastewaterordinances, where applicable. No sewer or drain shall empty into the lake or beconstructed so as to flow or wash into the lake. No concrete storm drains may beconstructed without the prior approval of the Water Utilities Department, ZoningBoard 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 writtenconsent 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 orperformed on leased premises without prior approval of the Water UtilitiesDepartment, 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 ofSan Angelo ("Code"), as such now exists or may hereafter be amendedincluding, but not limited to, those provisions regarding building permits andpermit fees; inspections and fees therefore; building, plumbing, electrical, and firestandards or requirements; and the regulation of septic tanks.j. After any permit is granted, Lessee expressly agrees that all improvements orconstruction work shall be built or performed in strict compliance with the termsof the permit and approval granted, that construction shall commence within six(6) months following the date of the permit, and that all construction shall becompleted within one (1) year of the date of the permit.k. Lessee may request from the Council a variance or deviation from any term orcondition contained herein.l. The Council, prior to granting any extension of an existing lease or a new leasecovering the leased premises shall have the right to review the leased premisesand 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 forcompliance with the above-mentioned provisions of the Code. Failure of theLessee to abide by and comply with said requirements will be grounds toterminate this lease or any extension thereof. RESERVATIONS AND EASEMENTS
  27. 27. 5.2 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 WATER
  28. 28. 7.2 Lessor in no way guarantees the accessibility of water to the leased premisesnor the 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, withoutnotice to Lessee or any mortgagee, suspend or revoke any and all privileges granted
  29. 29. herein for 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 ofthe 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 the
  30. 30. prior 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 theCounty 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.
  31. 31. OTHER REMEDIES13.4 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.
  32. 32. VIOLATIONS OF LEASE14.6 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: Tracy Manning and Mario M. Martinez 3838 Sunset San Angelo, Texas 76902 LESSOR: City of San Angelo Attn: Water Utilities Director 72 W. College, P.O. Box 1751 San Angelo, Texas 76903
  33. 33. EXECUTED in duplicate originals on the _____day of _____________________,2011 by: LESSEE Tracy Manning LESSEE _____________________________________ Mario M. MartinezSTATE OF TEXAS §COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of________________, 2011 by Tracy Manning and Mario M. Martinez. 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________________, 2011, 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
  34. 34. City of San AngeloMemo Date: June 10, 2011 To: Mayor and Councilmembers From: Will Wilde, Water Utilities Director Subject: Agenda Item for June 28, 2011 Council Meeting Contact: Will Wilde, Water Utilities Director, 657-4209 Caption: Consideration of authorizing the City Manager to execute a contract with the U.S. Geological Survey for the operation of stream flow gauging stations. Summary: The contract is for the operation of gauging stations on rivers that flow into the City’s reservoirs by the USGS. The contract is for the period of October 2011 to September 2012. History: The City is required under the water right permits to maintain these gauging stations. Financial Impact: Annual fee of $43,885.00; budgeted under water operations. Related Vision Item (if applicable): None. Other Information/Recommendation: The gauging stations are located on Spring Creek, Dove Creek, South Concho, Middle Concho Rivers and on the Concho River below Bell Street and are utilized in conjunction with the operation of Twin Buttes Dam. It is recommended the annual contract renewal be approved. Attachments: USGS Contract Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, June 10, 2011.
  35. 35. Harold Dominguez City ManagerAttest: __________________________
  36. 36. City of San Angelo Parks & RecreationMemo Date: June 24, 2011 To: Mayor and Councilmembers From: Anthony Wilson, Civic Events Manager Subject: Agenda Item for June 28, 2011, Council Meeting Contact: Anthony Wilson, Civic Events Manager, 653-5328 or 234-0014 Caption: Consent Item Consideration of authorizing the Mayor and/or City Manager to execute a naming rights contract for the San Angelo Coliseum with Foster Communications and Citywise Marketing. Summary: On March 22, the Council approved the terms of a naming rights agreement for San Angelo Coliseum with Foster Communications. This is a follow-up item to authorize the execution of that contract. History: This item allows for the execution of the naming rights agreement the City Council unanimously approved on March 22 – the first such agreement under the naming rights services contract with Citywise Marketing. Foster Communications will pay $20,000 per year for 10 years for the naming rights to the Coliseum, which will be known as Foster Communications Coliseum. (The naming rights to the Spur Arena were sold for $13,333 per year for 15 years, and Texas Bank bought the naming rights to the sports complex for six years at $10,000 per year.) Foster will pay the signage costs related to the Coliseum’s name change. Under the agreement, the City agrees to spend $7,000 annually on advertising with Foster. The City spent $9,113 last year with Foster. Staff is comfortable the City will continue to spend in excess of $7,000 a year with Foster, which owns and operates the market’s most dominant group of radio stations, including KIXY-FM. Should this amount not be met in any year, the annual payment from Foster to Civic Events would be reduced by an equal amount the following year. Financial Impact: The City incurs no expense with this proposal. In keeping with its contract, Citywise earns a 30% commission on a sales price of $200,000. That means the City will receive $14,000 annually, while Citywise, which performed all of the legwork and will continue to administer the contract, earns $6,000. Related Vision Item: N/A Other Information/ Foster will maintain the Coliseum’s understated signage. Its name on the venue’s Recommendation: façade will replace the words “San Angelo” with lettering of the same style and color from the same manufacturer. Additionally, window clings will be placed on the Coliseum doors, and street signs will be changed to read, “Foster Communications Coliseum.” The Civic Events Advisory Board was enthusiastic in its unanimous approval of Foster’s proposal.
  37. 37. Attachments: Naming rights contract. Naming rights resolution. City Council minutes, March 22, 2011.Presentation: N/APublication: N/AReviewed by Carl White, Parks and Recreation Director, June 13, 2011Director:Approved by Legal: Yes
  38. 38. A RESOLUTION OF THE CITY OF SAN ANGELO APPROVING AND RATIFYING THE NAMING RIGHTS AGREEMENT BY AND BETWEEN CITYWISE MARKETING, LLC AS AUTHORIZED AGENT FOR THE CITY OF SAN ANGELO AND FOSTER COMMUNICATIONS CO., INC., RENAMING THE SAN ANGELO COLISEUM TO BE KNOWN AS THE “FOSTER COMMUNICATIONS COLISEUM” WHEREAS, the City of San Angelo has designated properties and facilities thatare utilized by the public the use of which would be facilitated by naming them and byadvertising them by name; and, WHEREAS, the City Council has previously directed the City Manager or hisdesignee to execute an Advertising Service Agreement For Sale of Naming RightsSponsorships with Citywise Marketing, LLC, which Agreement is now in effect; and, WHEREAS, on March 22nd the City Council approved the terms of the NamingRights Agreement to be entered into with Foster Communications Co., Inc. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THECITY OF SAN ANGELO, TEXAS THAT: The City Council hereby approves and ratifies the Naming Rights Agreemententered into by and between Citywise Marketing, LLC as authorized agent for the City ofSan Angelo and Foster Communications Co., Inc., renaming the San Angelo Coliseum tobe known as the “Foster Communications Coliseum”. PASSED and APPROVED THIS DAY OF , 2011. CITY OF SAN ANGELO, TEXASATTEST: Alvin New, MayorAlicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORMAnthony Wilson, Civic Events Manager Lysia H. Bowling, City Attorney
  39. 39. NAMING RIGHTS AGREEMENT SAN ANGELO COLISEUM This Naming Rights Agreement (“Agreement”) is entered into as of ____________, 2011by and among Foster Communications Co., Inc. (“Sponsor”), a Texas broadcasting corporationwith its principal office located in San Angelo, Tom Green County, Texas, and the City of SanAngelo, in Tom Green County, State of Texas, a home rule municipal corporation, (“City”) byand through its authorized agent, Citywise Marketing, LLC, (“Company”) , for the purposes ofcontracting for naming rights concerning the City of San Angelo facility known as the City ofSan Angelo Coliseum (“Coliseum”). WHEREAS, City owns, operates, and leases the facility known as the City of San AngeloColiseum (“Coliseum”), located at 50 East 43rd Street, San Angelo, Texas, for various civic,cultural, sports, entertainment, and other events. WHEREAS, City desires to grant the naming rights for the Coliseum to Sponsor andSponsor desires to acquire said naming rights from City through City’s authorized agent,Company, LLC (Company) pursuant to the terms, conditions and covenants herein contained andfor the stated consideration. NOW, THEREFORE, in consideration of the terms, conditions and covenants hereincontained, the parties agree as follows. 1. Term of Agreement. The term of this Agreement shall commence on July 1,2011 and continue through June 30, 2021 (“Expiration Date”), 2. Name for Coliseum. During the term of this Agreement the Coliseum Name shallbe “Foster Communications Coliseum” or such name as may hereafter be designated pursuant tothe provisions of Section 3 of this Agreement (the “Coliseum Name”). Company and City agreeto use reasonable commercial efforts to identify the Coliseum by the Coliseum Name in allofficial documents, press releases, directional signage, tickets, brochures, marketing andpromotional materials, schedules, letterhead, stationery and promotional items in any formproduced or disseminated by or for them during the term of this Agreement. Company and Cityshall use reasonable commercial efforts to require each person who contracts for the use of theColiseum to refer to and identify the Coliseum by the Coliseum Name in all promotional andadvertising materials. Occasional immaterial failures to use the Coliseum Name shall not bedeemed to be a breach of this Agreement. 3. Consideration. The consideration Payable by Sponsor to Company on behalf ofCity for the naming rights conferred by this Agreement shall be two hundred thousand dollars($200,000.00), payable in annual installments of twenty thousand dollars ($20,000.00) per yearover the ten-year Term of this Agreement, the first such payment being, due and payable on orbefore July 1, 2011, and each successive annual payment due on or before July 1st of each yearthereafter during the full term of this Agreement and any extension thereof.

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