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, January 8, 2013 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. Recognition Western Towers for receiving the Texas Workforce Commission Employer of Excellence Texas Workforce Commission during the 16th Annual Texas Workforce Conference on November 29, 2012, to be received by Charles Anderson and Daniel Anderson, owners of Western Towers D. Public Comment The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment.II. CONSENT AGENDA 1. Consideration of approving the December 18, 2012 City Council and Downtown Development Commission Joint and City Council Regular meeting minutes 2. Consideration of awarding bid WU-14-12 for Wastewater Irrigation Pump to Xylem Incorporated / Flygt Products (Carrolton, TX), in the amount of $54,678.00, and authorizing the City Manager to execute any necessary related documents (submitted by Interim Water Utilities Director Ricky Dickson) 3. Consideration of authorizing the City Manager to execute Change Order #1 up to $400,000.00 between the City of San Angelo and Archer Western Construction, LLC on the Hickory Booster Pump Station Project (WU-05-12) for brush clearing required for the expansion of the well field (submitted by Interim Water Utilities Director Ricky Dickson) 4. Consideration of authorizing the sale of the following properties for the appraised value and authorizingCity Council Agenda Page 1 of 4 January 8, 2013
the Mayor, City Manager, or Interim Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject properties, subject to completion of all curative requirements: (submitted by Interim Water Utilities Director Ricky Dickson) a. 3009 Red Bluff Circle, Lot 57, Group Red Bluff, $77,700.00 (Graves) b. 2872 Red Bluff Road, Lot 34, Group Red Bluff, $88,200.00 (Reynolds) c. 3257 Red Bluff West, Lot 112, Group Red Bluff,$78,800.00 (Hettinga) 5. Consideration of adopting a Resolution requesting the members of the 83rd Legislative Session of the State of Texas support legislation that increases funding for the Texas Recreation and Parks Account and Large County and Municipality Recreation and Parks Account local park grant programs, and the Texas State Park System (submitted by Parks and Recreation Director Carl White) 6. Consideration of adopting a Resolution authorizing the City Manager or his designee to execute a nonexclusive easement for access agreement on behalf of the city as grantor, with Charles Becker and Nancy Becker, grantees, being the owners of a certain landlocked parcel of real property located at 2059 Christoval Road, for purposes of permitting a right-of-way over which grantees shall construct a road for pedestrian and vehicular access to and from Christoval Road and said landlocked parcel and adjacent property owned by the City, for joint use of the parties (submitted by Interim Water Utilities Director Ricky Dickson) 7. Second Hearing and consideration of adopting an Ordinance amending the 2012-2013 Budget for grants, new projects and incomplete projects (submitted by Budget Manager Morgan Trainer) AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTSIII. REGULAR AGENDA: E. 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 551.087 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 F. PUBLIC HEARING AND COMMENT 8. 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 12-18: David Mazur & Z 12-19: COSA Planning 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: Evenly addressed properties on the east side of the 300 block of North Chadbourne between East 4th and East 3rd Streets, more specifically occupying the Kleck Subdivision, Block 2, Lots 11-12 & Lots 16 - 17 in downtown San Angelo, changing the zoning classification from General Commercial/Heavy Commercial (CG/CH) to Central Business (CB) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYCity Council Agenda Page 2 of 4 January 8, 2013
(Presentation by Planning Manager AJ Fawver) 9. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 12-17: CSA Materials 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: 3560 and 3578 Smith Boulevard, and 3744 and 3844 Porter Henderson Drive, collectively occupying a 92.768 acre tract near Smith Boulevard and Porter Henderson Drive, more specifically occupying the Paul Gregory Addition, Section 3, Tract H, the Paul Gregory Addition Section 2, Tracts E and F, and previously-vacated portions of Smith Boulevard and M.H. Morgan Trail, changing the zoning classification from Ranch and Estate (R&E) to Heavy Manufacturing (MH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver) 10. Consideration of approving an appeal of Planning Commissions decision to deny Case Number CU 12- 14, requesting approval of a conditional use to allow for “Household Living” for an area currently zoned General Commercial (CG), specifically at an unaddressed tract of land on the northwest corner of Knickerbocker Road and Valleyview Boulevard, more specifically occupying the South Hills Addition, Block 51, Lots 3 through 10 in south central San Angelo (Presentation by Planning Manager AJ Fawver) 11. Public comments for and against annexation of certain properties situated immediately west/southwest of San Angelo and encompassing a vacant 8.995 acre tract extending northwest from Mills Pass Drive, and located east of the Community of Faith subdivision and southwest of the Sams Club Addition (Presentation by Planning Manager AJ Fawver) 12. Public comments for and against annexation of certain properties situated immediately west/southwest of San Angelo and encompassing a vacant 20.00 acre tract located at the southern corner of the intersection of U.S. Highway 67 (Sherwood Way) and a southward projection of Appaloosa Trail (Presentation by Planning Manager AJ Fawver) 13. Consideration of awarding bid VM-09-12 for Police Patrol Vehicles, and authorizing the City Manager or designee to execute any necessary related documents (Presentation by Police Chief Tim Vasquez) 14. Consideration of matters related to Request for Proposal HR-01-12: a. Discussion of proposals submitted for Request for Proposal HR-01-12 for Individual and Aggregate Stop Loss insurance b. Consideration of selecting AmWins Fidelity as the benefit provider related to Request for Proposal HR-01-12, authorizing staff to negotiate a contract, and authorizing the City Manager to execute said contract and any related documents (Presentation by Human Resources Director Lisa Marley) 15. Consideration of adopting a Resolution authorizing the City Manager or his designee to execute airport property lease and license agreement with Skyline Aviation, Inc. as tenant, of certain property located at 8926 Hangar Road, San Angelo Regional Airport – Mathis Field Airport (Presentation by Airport Manager Luis Elguezabal)City Council Agenda Page 3 of 4 January 8, 2013
16. Consideration of adopting a Resolution to execute a lease of the Foster Communications Coliseum to Underwater Football, LLC, d/b/a the San Angelo Bandits, for scheduled indoor football games for the 2013, 2014 and 2015 Indoor Football League Seasons (Presentation by Civic Events Manager Angelica Pena) 17. Discussion of residential customer’s water consumption information (Presentation by Assistant City Manager Michael Dane) 18. Discussion and consideration of the desirability for an independent audit and investigation of Water Utilities Department; discussion and consideration of the objectives, scope, and parameters of such independent audit and investigation; and, any action in connection thereto (Requested by Councilmember Morrison) G. FOLLOW UP AND ADMINISTRATIVE ISSUES 19. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed 20. Announcements and consideration of Future Agenda Items 21. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Wednesday, January 2, 2013, at 6:00 P.M. /s/________________________ Alicia Ramirez, City ClerkCity Council Agenda Page 4 of 4 January 8, 2013
SPECIAL RECOGNITIONWHEREAS, During the 16th Annual Texas Workforce Conference Employer Recognition Luncheon held at the Gaylord Texan November 29 2012, the Texas Workforce Commission named Western Towers an Employer of Excellence; andWHEREAS, Western Towers partnered with Workforce Solutions for the Concho Valley for the staffing and developing its new Harriett manufacturing facility and the new plant helped Western Towers become the premier Positive Train Control tower manufacturer supplying towers to most American and all Canadian railroads; andWHEREAS, Honoring its commitment to our country’s veterans, Western Towers raised the percentage of veteran employment to twenty percent and additional disabled veterans may be hired during future expansion; andWHEREAS, Western Towers new plant is equipped with a state of the art rainwater recovery system, which operates the entire plant from normal rainfall; andWHEREAS, Western Towers implemented a productivity bonus system in the new facility, which has resulted in phenomenal fabrication production placing it on pace to greatly increase its annual payroll over the next three years.NOW, THEREFORE, it is with great pleasure that, I, Alvin New, Mayor of the City ofSan Angelo, on behalf of the City Council, do hereby recognize and applaud “WESTERN TOWERS”for their tireless commitment to excellence in business and supporting communitythroughout the City of San Angelo. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 8th day of January, 2013 __________________________________ ALVIN NEW, MAYOR
CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 157Tuesday, December 18, 2012 Vol. 104 OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, December 18,2012, 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 and pledge was led by .PUBLIC COMMENTCouncilmember Farmer commented on the recent Sandy Hook Elementary School event in Connecticut andspoke in support of any community needs to prevent further incidents within San Angelo.CONSENT AGENDAAPPROVAL OF THE DECEMBER 4, 2012 CITY COUNCIL REGULAR MEETING MINUTESAWARD OF BID(S) AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTEANY NECESSARY RELATED DOCUMENTS:VM-11-12: Medium and Heavy Duty Vehicles, two six-yard dump trucks with extended warranties, CorleyFreightliner (San Angelo, TX) and Roberts Truck Center (San Angelo, TX), $148,316.00 (Submitted byVehicle Maintenance Superintendent Patrick Fredrick)VM-13-12: Police Computers and Digital Video based on DIR pricing, Visual Pro 360 (Tempe, AZ), not toexceed $212,000.00 (Submitted by Vehicle Maintenance Superintendent Patrick Fredrick)REC-01-12: Nutrition Program, Sysco West Texas (Lubbock, TX), $82,000.00 (Submitted by Senior ServicesManager Sandra Hernandez)AUTHORIZATION OF THE EXTENSION OF CONTRACT THROUGH MARCH 31, 2015 PURSUANTTO CONTRACT TERMS WITH CASCO INDUSTRIES FOR PERSONAL PROTECTIVE EQUIPMENT(FD-01-11) AND RATIFYING THE EXECUTION OF THE EXTENSION OF CONTRACT FROMDECEMBER 18, 2012 (SUBMITTED BY FIRE CHIEF BRIAN DUNN)ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A TAX RESALE(QUITCLAIM) DEED, SOLD UNDER THE URBAN REDEVELOPMENT PROGRAM, CONVEYING THEFOLLOWING REAL PROPERTY TAX LOT: (SUBMITTED BY REAL ESTATE ADMINISTRATORCINDY PREAS)2325 Lille Street, (Feist), S 50’ of N 497.7’ of Block 8, Kirby Addition, $750, TAX-89-0320-BADOPTION OF A RESOLUTION APPROVING AN AMENDMENT TO A CONTRACT BETWEEN THE
Page 158 MinutesVol. 104 December 18, 2012CITY OF SAN ANGELO AND VARSITY CONTRACTORS FOR JANITORIAL SERVICES, ANDAUTHORIZING THE MAYOR AND/OR CITY MANAGER TO EXECUTE SAID CONTRACTAMENDMENT (SUBMITTED BY FACILITIES MANAGER RON LEWIS)CONSIDERATION OF ADOPTING A RESOLUTION APPROVING AN ASSIGNMENT OF THEDECEMBER 4, 2012 LEASE OF THE WEST MEZZANINE, IN SUBSTANTIALLY THE ATTACHEDFORM, IN THE CITY HALL BUILDING FOR OFFICE SPACE BY AND BETWEEN THE CITY OF SANANGELO AND THE SAN ANGELO PERFORMING ARTS COALITION (SAPAC), SAID ASSIGNMENTEXECUTED BY SAPAC AS ASSIGNOR AND THE SAN ANGELO SYMPHONY SOCIETY(SYMPHONY) AS ASSIGNEE; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TOEXECUTE A CONSENT TO SAID ASSIGNMENT ON BEHALF OF THE CITY (SUBMITTED BYASSISTANT CITY MANAGER/CHIEF FINANCIAL OFFICER MICHAEL DANE) – Discussed in RegularSessionPOSTPONEMENT OF ADOPTING A RESOLUTION AUTHORIZING THE CITY MANAGER OR HISDESIGNEE TO EXECUTE AIRPORT PROPERTY LEASE AND LICENSE AGREEMENT WITHSKYLINE AVIATION, INC. AS TENANT, OF CERTAIN PROPERTY LOCATED AT 8926 HANGARROAD, SAN ANGELO REGIONAL AIRPORT – MATHIS FIELD AIRPORTSECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (SUBMITTED BYPLANNING MANAGER AJ FAWVER)Z 12-13: Creed Partners, LLC.AN 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: 1601 KNICKERBOCKER ROAD, APPROXIMATELY 230 FEETFROM THE INTERSECTION OF KNICKERBOCKER ROAD AND SOUTH JACKSON STREET, INSOUTHWESTERN SAN ANGELO. THIS PROPERTY OCCUPIES 4.086 ACRES OF THE MCNEESESURVEY 0176.25 ABSTRACT 1641, CHANGING THE ZONING CLASSIFICATION FROM LIGHTMANUFACTURING (ML) TO GENERAL COMMERCIAL (CG) DISTRICT; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTYSECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (SUBMITTED BYPLANNING MANAGER AJ FAWVER)Z 12-14: Basil El-MasriAN 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: 4028 SOUTH BRYANT BOULEVARD, APPROXIMATELY 350FEET FROM THE INTERSECTION OF SOUTH BRYANT BOULEVARD AND BEN FICKLIN ROAD.THIS PROPERTY OCCUPIES 4.35 ACRES OF THE E HERMES SURVEY 0174 ABSTRACT 0349, INSOUTHERN SAN ANGELO, CHANGING THE ZONING CLASSIFICATION FROM A COMBINATIONOF RANCH & ESTATE (R&E) AND GENERAL COMMERCIAL (CG), TO SINGLE ZONING OFGENERAL COMMERCIAL (CG); PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
Minutes Page 159December 18, 2012 Vol. 104SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (SUBMITTED BYPLANNING MANAGER AJ FAWVER)Z 12-15: Julie SniderAN 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: 4126 LAKE DRIVE, LOCATED APPROXIMATELY 100 FEETFROM THE INTERSECTION OF LAKE DRIVE AND NORTH BRYANT BOULEVARD; MORESPECIFICALLY OCCUPYING THE SHORT GEORGE ADDITION, BLOCKS 9 AND 10, 180’ X 484’TRACT LESS THE SOUTHWEST 0.1020 ACRE, CHANGING THE ZONING CLASSIFICATION FROMRANCH & ESTATE (R&E) TO A GENERAL COMMERCIAL (CG) DISTRICT; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTYCouncilmember Morrison requested the City Hall West Mezzanine item be considered in the Regular Agenda.Mayor New stated the Skyline contract has been postponed until a future meeting. Council concurred.Motion, to approve the Consent Agenda, with the exception of the City Hall West Mezzanine Lease Assignmentand Skyline Aviation, Inc. Contract, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Silvas. Motion carried unanimously.SPECIAL JOINT SESSION:BE IT REMEMBERED City Council and Downtown Development Commission convened in a special jointmeeting at 9:24 A.M., Tuesday, December 18, 2012, in the San Angelo McNease Convention Center, 500 RioConcho Drive, San Angelo, Texas. All duly authorized members of the Commission, to-wit: Co-Chair Jim Cummings Co-Chair Tim Edwards Board Member Sharon Rainey Alexander Board Member Gary Cox Board Member Lisa Eady Board Member John Fuentes Board Member Jim Raymondwere present and acting, thus constituting a quorum. Whereupon, the following business was transacted:DISCUSSION AND POSSIBLE ACTION ON MATTERS AS LISTED BELOW RELATING TO PL-01-12,A REQUEST FOR QUALIFICATIONS SEEKING TO RETAIN A MASTER DEVELOPER FOR THEPURPOSES OF OVERSEEING DEVELOPMENT WITHIN THE DOWNTOWN DEVELOPMENTDISTRICT, AND ANY ACTION IN CONNECTION THERETO:• DISCUSSION AND POSSIBLE ACTION REGARDING THE QUALIFICATIONS OF AND PROPOSED SCOPE OF SERVICES BY CATALYST URBAN DEVELOPMENT;• CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO EXECUTE THE LETTER OF INTENT WITH CATALYST URBAN DEVELOPMENT• CONSIDERATION OF AUTHORIZING THE CITY MANAGER OR DESIGNEE TO BEGIN NEGOTIATIONS WITH CATALYST URBAN DEVELOPMENTPlanning Manager AJ Fawver and Paris M. Rutherford IV of Catalyst Urban Development, LLC, presentedbackground information. A copy of the report/presentation is part of the Permanent Supplemental Record.
Page 160 MinutesVol. 104 December 18, 2012General discussion was held on the various phases of the project, the costs associated with each phase, similarstudies in other municipalities, conducive local market place interest, expressed interest by local investors,consultant’s expertise to recruit and showcase the City, creative collaboration and practical implementation ofcommunity investment, investment procurement and investor networking, leveraging funds, and various fundingsources available to the City.Commission Co-Chairs Mr. Cummins and Mr. Edwards and Board Member Ms. Rainey Alexander spoke insupport of the proposal and recommended approval.Further discussion was held on whether Council should review the process after each proposed phase, timelineand cost associated with each phase, whether staff should seek prior approval by City Council to proceedthrough the various phases, the rate of return on City’s investment, identifying funding for the project, andacknowledging the sunk cost within each phase of the project should City Council decide not to proceed to thenext phase.Assistant City Manager/Chief Financial Officer Michael Dane stated funding for the project has not beenappropriated; however, staff will identify funding and present options to City Council at a future meeting.Motion, to accept the Downtown Development Commission’s recommendation to approve the proposed scopeof service, the Letter of Intent with the understanding staff will present each Phase for City Council’s reviewand approval for further direction, and authorization for staff to negotiate a contract to include the identificationof funding sources, as presented, was made by Councilmember Hirschfeld and seconded by CouncilmemberFarmer.Councilmember Morrison suggested postponing action on the item until further discussion and review can beheld with local investors and bankers.Public comment was made by Andre Nicholas of NR Construction and Tommy Hiebert, Baptist MemorialsBoard Member, speaking in support of the project.A vote was taken on the motion on the floor. Motion carried unanimously.ADJOURNMENTMotion, to adjourn the special joint meeting, was made by Mr. Fuentes and seconded by Mr. Cox. Motioncarried unanimously.The meeting adjourned at 10:57 A.M.RECESSAt 10:57 A.M., Mayor New called a recess.RECONVENEAt 11:11 P.M., Council reconvened, and the following business was transacted:ADOPTION OF A RESOLUTION APPROVING AN ASSIGNMENT OF THE DECEMBER 4, 2012 LEASEOF THE WEST MEZZANINE, IN SUBSTANTIALLY THE ATTACHED FORM, IN THE CITY HALLBUILDING FOR OFFICE SPACE BY AND BETWEEN THE CITY OF SAN ANGELO AND THE SANANGELO PERFORMING ARTS COALITION (SAPAC), SAID ASSIGNMENT EXECUTED BY SAPACAS ASSIGNOR AND THE SAN ANGELO SYMPHONY SOCIETY (SYMPHONY) AS ASSIGNEE; ANDAUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONSENT TO SAIDASSIGNMENT ON BEHALF OF THE CITY (SUBMITTED BY ASSISTANT CITY MANAGER/CHIEFFINANCIAL OFFICER MICHAEL DANE)
Minutes Page 161December 18, 2012 Vol. 104Councilmember Morrison spoke in opposition of the lease assignment.Motion, to adopt Resolution, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Farmer. AYE: New, Alexander, Silvas, Hirschfeld, and Farmer. NAY: Morrison. Motioncarried 5-1.REGULAR AGENDA: PUBLIC HEARING AND COMMENTFIRST PUBLIC HEARING AND CONSIDERATION OF INTRODUCING ORDINANCES AMENDINGTHE CODE RELATED TO ANIMAL CONTROL AND FEES:AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3.500 OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, ENTITLED “IMPOUNDMENT” BY REPEALING THIS SECTION IN ITSENTIRETY AND ADOPTING A NEW ARTICLE 3.500, PROVIDING FOR SEVERABILITY, PROVIDINGFOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE;AN ORDINANCE AMENDING APPENDIX A, ARTICLE 1.000 OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, ENTITLED “ANIMAL CONTROL SERVICES FEES,” BY REPEALINGSECTION 1.300 ENTITLED “ANIMAL ADOPTION FEES” IN ITS ENTIRETY, AND ADOPTING A NEWSECTION 1.300 ENTITLED “ANIMAL ADOPTION FEES,” ADDING A NEW SECTION 1.301ENTITLED “MICRO-CHIP FEE,” PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTYAND PROVIDING FOR AN EFFECTIVE DATE;AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3.400 OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, ENTITLED “ANIMAL REGISTRATION,” BY REPEALING SECTION 3.412ENTITLED “ADOPTION OF ANIMALS” AND SECTION 3.413 ENTITLED “NON-REGISTRATION” INTHEIR ENTIRETY, AND ADOPTING NEW SECTION 3.412 ENTITLED “ADOPTION OF ANIMALS;STERILIZATION REQUIREMENT,” SECTION 3.413 ENTITLED “ADOPTION OF ANIMALS BYINDIVIDUALS,” SECTION 3.414 ENTITLED “ADOPTION OF ANIMALS BY QUALIFIED ANIMALRESCUE ORGANIZATIONS,” AND SECTION 3.415 ENTITLED “ADOPTION FEES,” PROVIDING FORSEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATEHealth Services Director Sandra Villarreal presented background information. A copy of the presentation ispart of the permanent supplemental record.Reviewed the changes, informed the fees have not changed, but have been clarified; and included the microchipfee within the ordinance,General discussion was held on the number of animals adopted and euthanized, and the impact of increasedadoption fees. Mayor New stated the proposed ordinances do not contain increased fees but clarification onhow the fees will be applied.Councilmember Farmer informed she had received a favorable comment from a constituent noting theirexperience was pleasant and they were very complementary of the staff and service they had received.Motion, to introduce the three ordinances, as presented, was made by Councilmember Hirschfeld and secondedby Councilmember Farmer.Further discussion was held on the incinerator and the cost to fix or buy a new one, implementing a city tagprogram that is microchip based, coordinating the purchase of pet tags and recruiting more veterinarians toparticipate in the program; and partnering with local crematoriums.A vote was taken on the motion on the floor.PUBLIC COMMENTS FOR AND AGAINST ANNEXATION OF CERTAIN PROPERTIES SITUATEDIMMEDIATELY WEST/SOUTHWEST OF SAN ANGELO AND ENCOMPASSING A VACANT 20.00ACRE TRACT LOCATED AT THE SOUTHERN CORNER OF THE INTERSECTION OF U.S. HIGHWAY
Page 162 MinutesVol. 104 December 18, 201267 (SHERWOOD WAY) AND A SOUTHWARD PROJECTION OF APPALOOSA TRAILPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thepermanent supplemental record.Mayor New opened the floor for public comment. No comments were made. Mayor New closed the publiccomment period.DISCUSSION, CONSIDERATION OF, AND POSSIBLE ACTION ON A PETITION FILED BY AREALANDOWNERS SEEKING ANNEXATION (TO SAN ANGELO’S CITY LIMITS) OF CERTAINPROPERTIES SITUATED IMMEDIATELY WEST/SOUTHWEST OF SAN ANGELO ANDENCOMPASSING A VACANT 8.995 ACRE TRACT EXTENDING NORTHWEST FROM MILLS PASSDRIVE, AND LOCATED EAST OF THE COMMUNITY OF FAITH SUBDIVISION AND SOUTHWESTOF THE SAMS CLUB ADDITIONPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thepermanent supplemental record.Motion, to approve the petition and proposed schedule, as presented, was made by Councilmember Hirschfeldand seconded by Councilmember Silvas. Motion carried unanimously.DISCUSSION OF CITY WEBSITE COSTS AND CONSIDERATION OF AUTHORIZING STAFF TONEGOTIATE A SUBSCRIPTION SERVICES AGREEMENT BETWEEN THE CITY OF SAN ANGELOAND VISION INTERNET, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAIDCONTRACTPublic Information Officer Anthony Wilson presented background information. Copy of the presentation ispart of the permanent supplemental record.General discussion was held on how the website may interface with other city functions and ways to improvecustomer service features.Councilmember Morrison commented on the authorized amount for the redesign, the additional request for thesubscription service agreement, obtaining a local vendor, and utilizing local educational facilities. Mr. Wilsonnoted staff utilized the request for proposal process and local individuals or agencies did not submit a proposal.Motion, to authorize staff recommendation to negotiate an agreement and authorize the City Manager executean agreement for a subscription Vision Internet for hosting, 24/7 tech support, upgrades, new features and agraphic redesign in four years at a cost of $6K/year with a 3-percent annual rate increase for a total first-yearcost of $40,150.00, as presented, was made by Councilmember Hirschfeld and seconded by CouncilmemberFarmer.Public comment was made by Citizen Jim Turner suggesting the City should take a different approach todevelop a long term website strategy.A vote was taken on the motion on the floor. Motion carried unanimously.RECESSAt 12:16 P.M., Mayor New called a recess.RECONVENEAt 12:40 P.M., Council reconvened, and the following business was transacted:
Minutes Page 163December 18, 2012 Vol. 104EXECUTIVE/CLOSED SESSIONAt 12:40 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, 551.072 to deliberate the purchase, exchange, lease, or value of realproperty; and, Section 551.087 to discuss an offer of financial or other incentive to a company or companieswith whom the City of San Angelo is conducting economic development negotiations and which the City of SanAngelo seeks to have, locate, stay or expand in San Angelo.OPEN SESSION (continued)At 12:59 P.M. City Council concluded the Executive/Closed Session whereupon the following business wastransacted:RECESSAt 12:59 P.M., Mayor New called a recess.RECONVENEAt 1:07 P.M., Council reconvened, and the following business was transacted:APPROVAL OF THE CORRECTION OF A PREVIOUS CHANGE ORDER TO THE CONTRACT WITHSTODDARD CONSTRUCTION MANAGEMENT INC. (SCMI) (PUR-04-10B) FOR THECONSTRUCTION OF THE CITY HALL PLAZA CENTRAL PLANT AND FOR ADDITIONAL WORKRELATED TO THE AUDITORIUM TO INCREASE THE CONTRACT AMOUNT BY $71,805.00 ANDAUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY RELATEDDOCUMENTSAssistant City Manager Rick Weise presented background information.Motion, to approve, as presented, was made by Councilmember Silvas and seconded by CouncilmemberFarmer. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2012-2013BUDGET FOR GRANTS, NEW PROJECTS AND INCOMPLETE PROJECTSAN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCALYEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS.Budget Manager Morgan Trainer presented background information.Motion, to approve introduction of Ordinance, was made by Councilmember Hirschfeld and seconded byCouncilmember Farmer. Motion carried unanimously.APPROVAL OF A RECOMMENDATION BY THE CITY OF SAN ANGELO DEVELOPMENTCORPORATION (COSADC) BOARD OF DIRECTORS TO RATIFY CHANGE ORDERS 1 THROUGH 4TO CONTRACT NO. COSADC-01-11, THE BUSINESS RESOURCE CENTER, FUNDED BY COSADCTO COVER THE ADDITIONAL COSTS INCURRED AS A RESULT OF REQUIRED STRUCTURALMODIFICATIONS TO THE SECOND FLOOR AREA UNKNOWN UNTIL AFTER THE START OFCONSTRUCTION, THE COST OF ADDITIONAL DEMOLITION, PROVISION OF SIGNAGE ANDOTHER CONTRACTOR CHANGE ORDERS IN THE AMOUNT OF $150,485.69 AND ANY OTHERACTION IN CONNECTION THERETOCommunity and Economic Development Director Shawn Lewis presented background information.Motion, to approve the recommendation, as presented, was made by Councilmember Farmer and seconded byCouncilmember Hirschfeld. Motion carried unanimously.
Page 164 MinutesVol. 104 December 18, 2012DISCUSSION AND DIRECTION TO STAFF REGARDING POSSIBLE WATER CONSERVATIONEFFORTS, PROGRAMS OR INCENTIVESAssistant City Manager/Chief Financial Officer Michael Dane and Customer Service Manager Toni Foxpresented background information. A copy of the presentation is part of the Permanent Supplemental Record.General discussion was held on incentive options, e.g. coupon discounts verses the City purchasing products,conservation credits related to utility statements, new construction, and installation of water saving measures,credit on construction permits, internal three year policy to receive a forgiveness waiver credit on water or sewerline repairs. In conclusion, Council suggested staff reconsider the three year policy and present furtherinformation on the suggested options at a future meeting.DISCUSSION OF THE LATE FEES ASSOCIATED WITH THE CITY’S UTILITY BILL AND ANYACTION IN CONNECTION THERETOAssistant City Manager/Chief Financial Officer Michael Dane presented background information. A copy of thepresentation is part of the Permanent Supplemental Record.General discussion was held on possible alternatives available for those citizens on fixed incomes, considering apercentage or tiered fee structure versus a fixed amount as the late fee, the issues related to the percentagecalculation, and questioned the date and 3:00 P.M. deadline policy.City Manager Daniel Valenzuela informed the late fee is assessed if the invoice is $30 or more. Ms. Foxclarified the department has a program for individuals on Social Security or Disability. The individual mustmake the request to participate in the program and the appropriate documentation must be provided.Assistant City Manager Michael Dane explained the annual late fee projection amount is included in theproposed department revenue. Councilmember Farmer added late fees and related matters are regulated by thePublic Utility Commission.Public comments were made by Citizen Jim Turner.DISCUSSION OF THE WATER UTILITY BILLING STRUCTURE AND PROCEDURERequested by Councilmember Morrison and Assistant City Manager/Chief Financial Officer Michael Danepresented background information. A copy of the presentation is part of the Permanent Supplemental Record.Councilmember Morrison commented the presented information was informative however not what he hadrequested. He clarified his request stated he wanted an independent audit and investigation of the WaterUtilities Department, including the utility billing system.Responding to a question from Councilmember Silvas, Mr. Dane stated staff will research whether thestatements can be printed in Spanish.FOLLOW 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:CONFIRMATION OF THE PARK COMMISSION’S NOMINATION, JULIA LANE, TO THE PARKS ANDRECREATION ADVISORY BOARDMotion, to approve various board nominations by Council and designated Councilmembers, was made by
Minutes Page 165December 18, 2012 Vol. 104Councilmember Hirschfeld and seconded by Councilmember Silvas. Motion carried unanimously.ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMSCity Manager Daniel Valenzuela distributed the proposed January 8, 2013 Agenda and solicited Councilcomments and suggestions.Councilmember Morrison requested a discussion an independent audit and investigation of the Water UtilitiesDepartment, including the utility billing system and the parameters of the related audit.City Attorney Lysia H. Bowling explained the City complies with the Charter requirement under Section 34.Audit and Examination and under state law there is no vehicle for such a request. However, she noted the CityManager may direct staff to conduct a separate audit.Councilmember Hirschfeld suggested the request be submitted to the Audit Committee for furtherconsideration.Mr. Valenzuela stated staff is reviewing several issues and concerns that have been brought to staff’s attention.He informed staff will submit an exceptions report to City Council and denote all complaints received and howthe issues are being resolved. Mr. Valenzuela also noted the City is in the process of beginning a new fiscalaudit and specific direction or instruction can be requested of the auditors.At 2:21 P.M., Councilmember Farmer left the meeting and did not return.Councilmember Alexander informed an audit was performed by Neptune/Automatic Meter Reading (AMR), theCity’s vendor for the water meters, and no press release was made staff. He requested an update and report onthe AMR system and alert system mechanisms available to citizens.Mr. Alexander also requested clarification on the legality of golf carts on public streets.ADJOURNMENTMotion, to adjourn, was made by Councilmember Silvas and seconded by Councilmember Morrison. Motioncarried unanimously.The meeting adjourned at 2:31 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkIn 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.)
City of San AngeloMemo Date: December 11, 2012 To: Mayor and Councilmembers From: Ricky Dickson, Water Utilities Director Subject: Consent Agenda Item for January 8, 2013 Council Meeting Contact: Ricky Dickson, Water Utilities Director, 657-4209 Caption: Consideration of award of bid for WU-14-12 Wastewater Irrigation Pump to Xylem Incorporated / Flygt Products for $54,678 and authorizing the City Manager or his designee to execute contract documents. Summary: Bids have been received from one vendor for the purchase of a pump. This pump is a replacement for an older pump. The bid was submitted by Xylem Incorporated / Flygt Products (Carrollton, Texas). History: This pump distributes wastewater effluent for irrigation flow. Financial Impact: Bid amount - $54,678; budgeted under the Wastewater Capital Projects– Wastewater Plant Repairs. Related Vision Item (if applicable): None. Other Information/Recommendation: It is recommended the low bid be accepted. Attachments: Bid Tabulation Presentation: None. Publication: None. Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, December 11, 2012
CITY OF SAN ANGELO BID TABULATION * RFB NO: WU-14-12/Irrigation Pump * October 18, 2012 Xylem Corp No. Item Unit Est Qty Unit Cost Extended Price 1 Irrigation Pump Ea 1 $ 54,678.00 $ 54,678.00 Total Bid $ 54,678.00 Delivery Days 95 Piggy Back Availibility: YES Payment Discount: Net 60 Bids Mailed To: Global Pump Davison MI Godwin Pumps China GroveTX Griffin Dewatering Houston TX Hahn Equipment Co. Inc. Houston TX ITT Flygt Corporation Carrollton TX Odessa Pumps Odessa TX Rain for Rent San Antonio TX Smith Pump Company, Inc. Waco TX Sunbelt Rentals Pump & Power Services Fort Worth TXY:12-RFXWater UtilitiesWU1412 Wastewater PumpBid Tab-Final
City of San AngeloMemo Date: December 26, 2012 To: Mayor and Councilmembers From: Ricky Dickson, Interim Water Utilities Director Subject: Agenda Item for January 8, 2013 Council Meeting Contact: Ricky Dickson; 657-4209 Caption: Regular Item Consideration of authorization to execute a change order to Archer Western Construction LLC not to exceed $400,000.00 on the Hickory Booster Pump Station Project (WU-05-12) for brush clearing required for the expansion of the well field and authorizing the City Manager or his designee to execute all documents for the change order Summary: This change order is being requested to clear brush for seven potential well sites in order to prevent delays on the expansion of the Hickory well field. Due to work restrictions in the potential Black Capped Vireo habitat from March 15 to September 15 of each year, there is a window of opportunity from January to March 15 to conduct clearing operations for the potential well sites and rights of ways. Clearing will consist of brush removal, grubbing and grinding vegetation for access routes, well locations, well field piping and electrical power lines. This change order is for additional work necessary for the well field expansion. None of the work required for the well field expansion was included in the original contract with Archer Western Construction, LLC. The brush clearing and right of way improvements that has been performed by Archer Western was only for the existing well field. History: On May 15, 2012 a contract in the amount of $12,853,000 was awarded to Archer Western Construction, LLC for the construction of the Hickory Booster Pump Station and Well Field. Work in this contract included clearing brush in the existing well field. Financial Impact: Total estimated cost for removal of approximately 37,400 feet of brush: not to exceed $400,000 Due to time constraints and mandatory review process required by the Texas Water Development Board, funding may not be released for this section of brush clearing. Related Vision Item (if applicable): Other Information/ Staff recommends approval of the change order. Recommendation: Attachments: Change Order #1 and Map of proposed well locations. Presentation: None.
Publication: None.Reviewed by Ricky Dickson, Interim Water Utilities Director; 657-4209Director:Approved by Legal:
Figure 2. Overview of Potential Black-capped Vireo Habitat 1 -1 SW W Segment A 8 -1 5 0 SW -1 -1 W SW SW W W Segment B 9 -1 -9 SW SW W8 W -8 SW -7 Segment C W SW W -6 -1 SW W SW W Segment F Segment G 0 -2 -1 6 2 2 SW SW -1 -2 W SW -4 W W SW SW W W -3 Segment D SW W Proposed Wells Proposed Wells 1 -2 -1 7 4 3 SW -1 -1 SW SW W W W SW -5 W SW W -2 µ Segment E SW W Legend Miles Hickory Two Water Supply Line Turner Biological Consulting Proposed Pipeline Existing Electrical 0 0.125 0.25 0.5 City of San Angelo, TX Black-Capped Vireo Habitat Delineation / " Proposed Wells Existing Pipeline Corridor Turner Biological Consulting Phone: (325) 572-5131 PRELIMINARY THIS DOCUMENT SHALL NOT BE File:Z:Hickory Water Supply2012Proposed Wells 10-11-12_TWC.mxd 618 West St Fax: (325_ 572-5238 . ! Existing Wells Black-capped Vireo Habitat RECORDED FOR ANY PURPOSE Drawn By: TWC Coord. Sys. - State Plane NAD83 Updated: 10/11/2012 Buffalo Gap, TX 79508 http://www.turnerbio.com * Tur ne r Bio lo gi ca l Co nsu lting ma kes no rep re sen tatio ns, gu ar an te es, o r war ran tie s, e xpre ssed or im pl ied , a s to th e a ccur acy, com ple ten ess, con ten t, cur re ncy, sui ta bi lity, an d time lin ess of the info rma ti on p ro vid ed vi a this m a p.
City of San AngeloMemo Date: December 20, 2012 To: Mayor and Councilmembers From: Ricky Dickson, Interim Water Utilities Director Subject: Agenda Item for January 8, 2012 Council Meeting Contact: Ricky, Interim 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: Deborah Ann Graves 3009 Red Bluff Circle Lot 57, Group Red Bluff $77,700 Herbert and Johnnie Reynolds 2872 Red Bluff Road Lot 34, Group Red Bluff $88,200 Pete and Melody Hettinga 3257 Red Bluff West Lot 112, Group Red Bluff $78,800 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. Attachments: Appraisal Reports (Graves); (Reynolds); and (Hettinga) Presentation: None. Publication: None. Reviewed by Service Area Director: Ricky Dickson, Interim Water Utilities Director, December 20, 2012.
City of San AngeloMemo Date: To: Mayor and Councilmembers From: Carl White, Parks & Recreation Director Subject: Agenda Item for January 8, 2013 Council Meeting Contact: Carl White, 325-234-1724 Caption: Consent Item rd Consideration of adopting a Resolution requesting the members of the 83 Legislative Session of the State of Texas support legislation that increases funding for the Texas Recreation and Parks Account and Large County and Municipality Recreation and Parks Account local park grant programs, and the Texas State Park System. rd Summary: Staff recommends adoption of a Resolution requesting the members of the 83 Legislative Session of the State of Texas support legislation that increases funding for the Texas Recreation and Parks Account and Large County and Municipality Recreation and Parks Account local park grant programs, and the Texas State Park System and authorizing the Mayor or City Manager to execute the Resolution. The attached draft Resolution outlines many of the benefits of granting programs and state park system. History: There is no history on this item however, the City of San Angelo has benefited directly by these grant programs in the past when they were adequately funded. In the last 10 years, San Angelo has received approximately $1,400,000 from these programs for parks and trails improvements. We are also blessed to have a State Park in our backyard but it needs better funding. Financial Impact: N/A Related Vision Item N/A (if applicable): Other Information/ Staff recommends approval. Recommendation: Attachments: Proposed Resolution. Presentation: N/A Publication: N/A Reviewed by Rick Weise, Assistant City Manager Director: Approved by Legal: December 7, 2012
RESOLUTION A RESOLUTION OF THE CITY OF SAN ANGELO CITY COUNCIL REQUESTING THE MEMBERS OF THE 83rd LEGISLATIVE SESSION OF THE STATE OF TEXAS SUPPORT LEGISLATION THAT INCREASES FUNDING FOR THE TEXAS RECREATION & PARKS ACCOUNT AND LARGE COUNTY AND MUNICIPALITY RECREATION AND PARKS ACCOUNT LOCAL PARK GRANT PROGRAMS, AND THE TEXAS STATE PARK SYSTEMWHEREAS, the Texas Parks & Wildlife Department (“TPWD”) administers the TexasRecreation & Parks Account Local Park Grant Program (“TRPA”) and the Large County andMunicipality Recreation and Parks Account (Urban Account) and manages 94 State parks andhistorical sites in Texas; andWHEREAS, TPWD has a separate accounts in their general revenue fund referred to as theTRPA and Urban Account for the purpose of providing matching grants to political subdivisionsfor parks and recreation projects, and for outreach grants to introduce new populations to outdoorexperiences; andWHEREAS, the matching grants provided by the TPWD are utilized for the planning,acquisition, and development of local park, recreation and open space areas to be owned andmaintained by political subdivisions; andWHEREAS, funds granted to political subdivisions under the TRPA and Urban Accountguidelines have funded 1629 projects of the 3,470 submitted over 30 years delivering over $800million to the local Texas economy; andWHEREAS, political subdivisions throughout the State of Texas depend on grants from TPWDthrough the TRPA to stimulate the acquisition and development of parks and recreational areasfor the benefit and enjoyment of their citizenry; andWHEREAS, the TRPA, Urban Account, and State parks are funded from sales tax on sportinggoods and that the development of new parks stimulates the purchase of sporting goods; andWHEREAS, the maintenance and improvements of State park and historic sites and the additionof new parks is a priority to Texans due to the State’s expanding population and extensivetourism industry; andWHEREAS, the development of parks encourages and promotes public health, economicdevelopment, job creation, education; corporate relocations, an improved quality of life, andjuvenile crime prevention; and
WHEREAS, funds are needed for major repairs at state parks and for the acquisition anddevelopment of parks and facilities; andWHEREAS, it is the desire of this City Council that a copy of this resolution with appropriatenames affixed be presented to the Governor of Texas and the leadership of the 83rd TexasLegislature.NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO, TEXAS: 1. That members of the 83rd Legislature of Texas seek passage of legislation maximizing the use of revenue from the sporting goods sales tax to increase funding for parks and recreation programs for both Local and State parks and that all TRPA and Urban Account funded park projects be subject to the established TPWD competitive scoring system. 2. That members of the 83rd Legislature of Texas restore funding to the TRPA and Urban accounts in the amount of at least $15.5 million per year.PASSED AND APPROVED by the ____________________ City Council on this the ____ dayof _____________________ 2012. APPROVED: ______________________________ Mayor, Alvin NewATTEST:______________________________Alicia Ramirez, City ClerkAPPROVED AS TO FORM: APPROVED AS TO CONTENT______________________________ ______________________________Lysia H. Bowling, City Attorney Carl White, Directors of Parks & Recreation
City of San AngeloMemo Date: December 27, 2012 To: Mayor and Councilmembers From: Ricky Dickson, Interim Water Utilities Director Subject: Agenda Item for January 8, 2013 Council Meeting Contact: Ricky Dickson; 657-4209 Caption: Consent Item Consideration of adopting a Resolution at the request of Charles Becker and Mary Becker, Grantees, authorizing the City Manager or his designee to negotiate and execute on behalf of the City of San Angelo as Grantor, a conditional, nonexclusive access easement appurtenant to a land-locked parcel at 2059 Christoval Road, for access to Old Christoval Road, over a city-owned parcel. Summary: The city has been requested to grant an access easement over a city owned parcel so that a privately owned parcel may gain access to a public street. The property is surrounded on three sides by city owned property and the South Concho River on the fourth side. As a condition of the easement, the landowner will make improvements along the access route and will also prevent public use of the easement. The city will benefit from this easement agreement by being granted use of the improvements while the said improvements will also prevent the general public from accessing city owned property. History: The requestors are in the process of purchasing the property in question and are planning to make physical improvements on the property. Before these improvements can be made access to a public right of way is required. Due to the location of the property the only viable option available is over a city owned parcel. Financial Impact: none Related Vision Item (if applicable): Other Information/ Staff recommends approval of the access easement. Recommendation: Attachments: Resolution, Easement, and Map of proposed access easement. Presentation: None. Publication: None. Reviewed by Ricky Dickson, Interim Water Utilities Director; 657-4209 Director: Approved by Legal:
Notice of confidentiality rights: If you are a natural person, you may remove or strikeany or all of the following information from any instrument that transfers an interest inreal property before it is tiled for record in the public records: your Social Securitynumber or your drivers license number. NONEXCLUSIVE EASEMENT FOR ACCESS AGREEMENTEffective Date: January , 2013Grantor: City of San Angelo, TexasGrantor’s Mailing Address: 72 W. College Ave. San Angelo, Texas 76903Grantee: Charles Becker and Nancy Becker, husband and wife.Grantees’ Mailing Address: 2500 N. Bryant Blvd. San Angelo, Texas 76903Dominate Estate Property: Certain real property located within the corporate limits ofthe City of San Angelo, Tom Green County, State of Texas, commonly known as 2059Christoval Road, and as more particularly described on Exhibit “A” attached hereto, and made apart hereof for all purposes.Easement Property/Servient Estate: Certain real property generally described as frontingon the west side of the 2000 to 2100 blocks of Christoval Road, San Angelo, Tom Green County,State of Texas, as more particularly described on Exhibit ”B” attached hereto and made a parthereof for all purposes.Easement Purpose: For providing non-exclusive, free and uninterrupted pedestrian andvehicular ingress and egress from the Dominate Estate Property to and from Christoval Road,said pedestrian and vehicular ingress and egress being limited to the residential use of theDominate Estate Property, and subject to conditions herein providedConsideration: Ten and No/100 Dollars and other good and valuable consideration., thereceipt and sufficiency of which are hereby acknowledged by the Grantor.Reservations from Conveyance of Easement Rights: Grantor expressly reserves all oil,gas, and other minerals owned by Grantor, in, on, and under the Easement Property provided thatGrantor shall not drill or excavate for minerals on the surface of the Easement Property, but mayextract oil, gas, or other minerals from and under the Easement Property. Grantor reserves, andthe easement rights granted herein are subject to, any and all existing easements, prescriptiverights, rights-of-way, leases, and subleases affecting the Easement Property, or any part thereof,whether of record or not, and all presently recorded matters that affect the Easement Property.The Easement is further made subject to all future easements, leases, and sublease to the extent Page 1 of 7Nonexclusive Easement Agreement for Access Agreement; City of San Angelo/Charles Becker
that the same do not unduly interfere with Grantees’ rights hereunder. Grantor reserves the rightto use, and to permit its agents, employees, contractors, and invitees, to use the EasementProperty and the Easement to access the adjoining or nearby property of Grantor or theDominant Estate. Grantor further reserves the right to otherwise use and enjoy the EasementProperty insofar as the exercise thereof does not endanger or interfere with the existence andmaintenance of the Purpose of this easement.Exceptions to Warranty: This easement is being given by Grantor without any warranty ofany kind either expressed or implied.Grant of Easement: Grantor, for the consideration and subject to the Reservations fromConveyance, Exceptions to Warranty, and the Terms and Conditions set forth herein, grants,sells, and conveys to Grantees and Grantees’ heirs, successors, and assigns (hereinaftercollectively “Grantees”), a non-exclusive, easement appurtenant over, on, and across theEasement Property for the Easement Purpose and for the benefit of the Dominant EstateProperty, together with all and singular the rights and appurtenances thereto in any waybelonging (collectively, the “Easement”), to have and to hold the Easement to Grantees andGrantees’ heirs, successors, and assigns forever. Grantor binds Grantor and Grantor’s successorsand assigns to warrant and forever defend the title to the Easement in Grantees and Grantees’heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim theEasement or any part thereof, except as to the Reservations from Conveyance and Exceptions toWarranty to the extent that such claim arises by, through, or under Grantor but not otherwise.Terms and Conditions: The following Terms and Conditions apply to the Easementgranted by this Agreement: 1. Character of Easement. It is distinctly understood and agreed that the Easement granted herein does not constitute a conveyance in fee of the Easement Property, nor the minerals therein and thereunder, but grants only a nonexclusive easement subject to terms and conditions. The Easement is appurtenant to and runs with all or any portion of the e Dominant Estate Property, whether or not the Easement is referenced or described in any conveyance of all or such portion of the Dominant Estate Property. The Easement is nonexclusive and i s t e r m i n a b l e a s p r o v i d e d h e r e i n . The Easement is for the benefit of Grantee and Grantees heirs, successors, and assigns who at any time own the Dominant Estate Property or any interest in the Dominant Estate Property (as applicable, the "Holder"). 2. Duration of Easement. The duration of the Easement is perpetual, subject to termination or reversion as herein provided. 3. Reservation of Rights. Grantor reserves for Grantor and Grantors , successors, and assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes that do not interfere with or interrupt t h e use or enjoyment of the Easement by Holder for the Easement Purposes. Grantor Page 2 of 7Nonexclusive Easement Agreement for Access Agreement; City of San Angelo/Charles Becker
reserves for Grantor and Grantors successors, and assigns the right t o use all or part of the Easement in conjunction with Holder and the right to con vey to others the right to use all or any part of the Easement in conjunction with Holder 4. Secondary Easement. Holder has the right (the ·Secondary Easement") to use a s much of the surface of the property that is adjacent to the Easement Property ("Adjacent Property) as may be reasonably necessary to in stall and maintain a road reasonably suited for the Easement Purpose with in the Easement Property. However, Holder must promptly restore the adjacent Property to its previous physical condition if changed by use of the rights granted by this Secondary Easement. .:; 5. Improvements and Maintenance of the Easement Property. Improvement and maintenance of the Easement .Property for the easement purposes will be at the sole expense of Grantees. a) Grantees must continuously maintain the Easement Property and road and access related improvements in a neat clean condition, and reasonably passable for pedestrian and vehicular access. b) Grantees s h a l l construct, install, a n d maintain at Grantees’ sole risk, cost and expense, a road ( "Road Improvements ") over or across the Easement Property in conformance with plans submitted to and pre-approved in writing by the Director of Water Utilities for the City of San Angelo. All matters concerning the c o n s t r u c t i o n , configuration, installation, maintenance, replacement, and removal of the Road and access related improvements s ha ll be per forme d in f ull compliance with applicable federal and state laws, municipal ordinances, other applicable regulations, and performance of Grantees obligations under this agreement. c) On written request by G r a n t o r , the Grantees will execute or join in the execution of easements for sewer, drainage, electric, gas or other utility facilities under or across the Easement Property. d) If, in exercising Grantees’ rights under this agreement, Grantees directly or indirectly cause any damage to the Easement Property not contemplated by this Agreement or any damage to any property of Grantor, or any other property appurtenant thereto, or any improvements located on any property of Grantor or on any other property appurtenant thereto, Grantees shall, at Grantees’ sole cost and expense and within a reasonable time after the exercise of such rights, but in no event later than thirty (30) days from the date the damage occurred, restore the Easement Property, all other such property, and such improvements to their original condition existing prior to the change or damage. 6. Equitable Rights of Enforcement. Grantor or Grantees a g r e e t h a t e i t h e r party shall be entitled to enforcement of the terms and Page 3 of 7Nonexclusive Easement Agreement for Access Agreement; City of San Angelo/Charles Becker
c o n d i t i o n s o f t h i s a g r e e m e n t by restraining order and appropriate injunctive relief (temporary or permanent) issued by a court having jurisdiction in Tom Green County, Texas. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference, with out the necessity of proof of inadequacy of l egal remedies or irreparable harm, and w ill be obtainable only by the parties to or those benefited by this agreement; provided, however , that the act of obtaining an injunction or restraining order w ill not be deemed to be an el ecti on of remedies or a waiver of any other rights or remedies available at law or in equity. 7. Termination of Easement.. This Easement agreement may be terminated at the election of Grantor, exercised upon written notice thereof given to Grantees, upon the occurrence of any one of the following conditions, at which time the easement agreement shall automatically become null and void and re-vests in Grantor: a. Grantees’ failure to complete construction of the Road providing reasonable pedestrian and vehicular access over and across the Easement Property from the Christoval Highway to the Dominate Estate under the terms and conditions of this agreement within three (3) years of the Effective Date first, hereinabove written. b. Grantees’ failure to maintain the Easement Property in a condition permitting reasonable pedestrian and vehicular access for a continuous period of one (1) year or longer, which the parties agree shall be deemed a voluntary and intentional abandonment of the easement by Grantees. c. Grantees’ failure to construct a habitable residential structure on Dominant Estate Property within ten (10) years from date hereof. 8. .Attorneys Fees. If either party retains an attorney to enforce this agreement, the party prevailing in litigation is entitled to recover reasonable attorneys fees and court costs. 9. Binding Effect. This agreement binds and inures to the benefit of the parties and their respective heir s, successors, and permitted assigns. 10. Choice of Law. This agreement will be construed under the laws of the State of Texas. Venue shall lie in Tom Green County, Texas. 11. Counterparts. This agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. 12. Waiver of Default. It is not a waiver of or consent to default if the non-defaulting party fail s to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by law. Page 4 of 7Nonexclusive Easement Agreement for Access Agreement; City of San Angelo/Charles Becker
13. Further Assurances. Each party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terms, provisions, and condition s of this agreement and all transaction s contemplated by this agreement 14.Release and Indemnity Grantees hereby agree to release Grantor and its agents, successors and assigns of and from any and all claims, demands, actions and causes of action arising from or related to Grantee’s use of the Easement Property. Grantees, individually and on behalf of their heirs, successors and assigns (collectively “Grantees”) further agree to indemnify, defend, and hold harmless the Grantor and Grantor’s agents, successors and assigns from any and all Claims losses, attorneys fees, o r expenses arising out of or attributable to the exercise by Grantees of the rights or obligations under this agreement or attributable to Grantees’ breach or default of any provision of this agreement. The provisions of this paragraph number 14 shall survive termination of this agreement for so long as any liability could be asserted. Nothing herein shall require Grantees to indemnify, defend or hold harmless any indemnified party for the indemnified party’s own gross negligence or willful misconduct. 15. Entire Agreement. This agreement and the exhibits made a part hereof constitute t h e entire agreement of the parties concerning the grant of the Easement by Grantor to Grantees. There are no representations, agreements, warranties, or promises that are not in this agreement and the exhibits made a part hereof. 16. Legal Construction. lf any provision in this agreement is for any reason unenforceable, to t h e extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability will not affect any other provision hereof , and this agreement will be construed as if the unenforceable provision had never been a part of the agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa . Article and section headings in this agreement are for reference only and are not intended to restrict or define the text of any section. 17. Notices. Any notice required or permitted under this agreement must be in writing. Any notice required by this agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid , certified mail , return receipt requested , and addressed to the intended recipient at the address shown in this agreement. Notice may also be given by regular mail, personal delivery, courier delivery, Page 5 of 7Nonexclusive Easement Agreement for Access Agreement; City of San Angelo/Charles Becker
facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any pa r ty address for notice may be changed by written not ice delivered as provided herein. 18. Time. Time is of the essence with respect to the performance of all obligations of the Grantees under this agreement. 19. Benefit. This agreement and the terms and conditions contained herein shall inure to the benefit of and be binding upon the Grantees and Grantor, and their respective heirs, personal representatives, successors, and assigns. 20. Construction of Agreement. Each party hereto acknowledges that it and its counsel have reviewed this Easement Agreement, that its terms are the result of negotiation between the parties, and that the normal rule of construction shall not be applicable and there shall be no presumption that any ambiguities will be resolved against the drafting party in interpretation of this agreement. [Signature Page to Follow] Page 6 of 7Nonexclusive Easement Agreement for Access Agreement; City of San Angelo/Charles Becker