September 18, 2012 Agenda packet

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September 18, 2012 Agenda packet

  1. 1. 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, September 18, 2012 McNease Convention Center, South Meeting Room 500 Rio Concho DriveTHE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTHMAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCEIS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. everyday for two weeks beginning on the Thursday after each meeting. As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate” Thank You!I. OPEN SESSION (9:00 A.M.) A. Call to Order B. Prayer and Pledge "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.” C. Proclamation “Fire Prevention Week”, October 7-13, 2012, to be accepted by Thomas Truett, Fire Inspector for the City of San Angelo D. Recognition AJ Fawver, Planning Manager, for being named to the American Institute of Certified Planners E. Public Comment The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment.II. CONSENT AGENDA 1. Consideration of approving the following City Council meeting minutes: August 30, 2012, September 4, 2012, and September 5, 2012 2. Consideration of adopting a Resolution authorizing the Interim City Manager of his designee to execute a Planning Agreement by and between the Texas Department of Transportation, the San Angelo Metropolitan Planning Organization Policy Board, and the City of San Angelo, providing for the Urban District Transportation Planning and superseding prior agreements between the parties 3. Consideration of authorizing the Interim City Manager execute an grant agreement accepting the Federal Aviation Administration’s FY-2012 Multi Year Grant (Grant No. 3-48-0191-033-2012) estimated at $4,000,000.00 for which $444,444.00 will be City’s portion in matching funds for improvements a San Angelo Regional AirportCity Council Agenda Page 1 of 7 September 18, 2012
  2. 2. 4. Consideration of authorizing a fourth amended Architectural and Consulting Services Agreement with Killis Almond Architects, PC for the design of Auditorium roof and coping replacement and authorizing the Interim City Manager to execute said amendment 5. Second Hearing and consideration of adoption of an Ordinance repealing in its entirety the Ordinance introduced, passed, approved and adopted on the 5th day of April, 2005 naming a private drive on Lot 1 in Southland Park Addition, Section Fifteen, Time Clock Drive; and providing an effective date 6. Second Hearing and consideration of adoption of an Ordinance naming a private drive within the City of San Angelo located on a 3.757 acre tract in Block CC, Section 30 College Hills South Addition, Time Clock Drive; and providing an effective date 7. Second Hearing and consideration of adoption of an Ordinance authorizing abandonment of public right-of-way for Smith Boulevard extending approximately 1000 feet northward from the intersection of Smith Boulevard and McGill Boulevard in northeastern San Angelo AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 80’ wide portion of the unimproved public right-of-way for Smith Boulevard, extending approximately 1000’ northward from McGill Boulevard, immediately adjacent to property owned by Howard College in northeast San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS 8. 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 12-03: Howard College Campus 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: 3501 North US Highway 67, encompassing the area known as the Howard College, more specifically, being 33.802 acres out of the J. Pointevent Survey 1113, Abstract 4873, and Paulann Park Addition, Section 3, Tract H, being 0.76 acre, and Paulann Park Addition, Section 3, Tract G, being the northwestern 0.145 acre, in northeast San Angelo, a zone change from a combination of General Commercial (CG) and Light Manufacturing (ML) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 9. 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 SU 12-01: Daryl Presley 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: 2229 W Beauregard, located at the intersection of W Beauregard Avenue and South Pierce Street; more specifically occupying the Village Shopping Center Condo Subdivision, Block 25, Lots 5-8, in western San Angelo, to allow for a "Firearms Range" on property in a General Commercial/ Heavy Commercial (CG/CH) district; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYCity Council Agenda Page 2 of 7 September 18, 2012
  3. 3. 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 12-09: Donald Spradley 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: 13 W 11th Street, located approximately 160 feet from the intersection of North Chadbourne Street and W 11th Street; more specifically occupying the Miles Addition, Block 52, Lot 4, in central San Angelo, changing the zoning classification from Two Family Residential (RS-2) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 11. Second Hearing and consideration of adoption of an Ordinance authorizing abandonment of public right-of-way in Lake View Addition Block 40 and the Jacoby Addition, Block 1 in northern San Angelo AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 10’ x 123’ portion of alley running east to west, perpendicular to Travis Street, between The Jacoby Addition, Block 1, Lot 1 and Lake View Addition, Block 40, Lots 5-7 in northern San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERSIII. REGULAR AGENDA: F. EXECUTIVE/CLOSED SESSION Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.071 to consult with attorney on matters related to the TriCity Water initiatives and other legal matters pertaining to water acquisition rights Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo G. PUBLIC HEARING AND COMMENT 12. Presentation and update from Downtown San Angelo Main Street Program (Presentation by DSA President Brenda Gunter) 13. Status update and discussion of Avenue P Drainage Remediation Project (Presentation by City Engineer Clinton Bailey) 14. First Public Hearing and consideration of introduction of an Ordinance amending the standards for visual clearance on corner lots AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” ENTITLED “ZONING ORDINANCE”, ARTICLE 5 ENTITLED “GENERAL DEVELOPMENT STANDARDS”,City Council Agenda Page 3 of 7 September 18, 2012
  4. 4. SECTION 510 ENTITLED “VISUAL CLEARANCE ON CORNER LOTS”, BY RESTATING SAID SECTION TO PROVIDE FOR AN EXCEPTION OF THE REQUIREMENT FOR MAINTENANCE OF A “SIGHT TRIANGLE” ON CERTAIN CORNER LOTS FOR THE CENTRAL BUSINESS DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE (Presentation by Planning Manager AJ Fawver) 15. Consideration of authorizing the Interim City Manager or designee to execute a Professional Services Agreement between the City of San Angelo and Gateway Planning Group to carry out services outlined in CED 05-11 in preparing a Small Area Plan for Lake Nasworthy to provide professional land use planning services in a targeted area of Lake Nasworthy (Presentation by Planning Manager AJ Fawver) 16. Discussion, update, and presentation regarding status of PL-01-12 Downtown Master Developer (Presentation by Planning Manager AJ Fawver) 17. Update on the Self-Insurance Fund and consideration of authorizing the health insurance premiums for calendar year 2013 (Presentation by Human Resources Director Lisa Marley) 18. Discussion regarding dental benefits for retirees and Cost of Living Adjustments for retirees (Requested by Councilmember Farmer) 19. Pay and Classification Study update; and discussion of methodology and approval of pay increases for City employees (Presentation by Human Resources Director Lisa Marley, Interim City Manager Michael Dane, and Budget Manager Morgan Trainer) 20. Second Public Hearing and consideration of adoption of an Ordinance levying property taxes for the City of San Angelo for the 2012 tax year AN ORDINANCE FIXING AND LEVYING AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SAN ANGELO, TEXAS, FOR THE 2012-2013 BUDGET YEAR; PROVIDING FOR THE ASSESSMENT AND COLLECTION THEREOF; PROVIDING WHEN THE TAX SHALL BECOME DUE; PROVIDING WHEN THE TAX SHALL BECOME DELINQUENT; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION ON THE CITY OPERATED WEB SITE; AND, PROVIDING FOR AN EFFECTIVE DATE. (Presentation by Budget Manager Morgan Trainer) 21. First Public Hearing and consideration of introduction of an Ordinance amending Appendix A of the Code of Ordinances, City of San Angelo regarding utility related fees AN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 8.000 “UTILITY RELATED FEES”, OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, AMENDING SECTION 8.1500 “CHARGE FOR COLLECTION OF GARBAGE AND TRASH”, BY RESTATING SUBPART (a) RESIDENTIAL SERVICES”, (1) “RESIDENCE SERVICE CHARGES”, ADJUSTING RESIDENCE SERVICE CHARGES; AMENDING SECTION 8.1500 “CHARGE FOR COLLECTION OF GARBAGE AND TRASH”, BY RESTATING SUBPART (b) “COMMERCIAL SERVICE”, (2) “COMMERCIAL SERVICE CHARGES”, ADJUSTING COMMERCIAL SERVICE CHARGES; AMENDING SECTION 8.1700 “LANDFILL CHARGES”, BY RESTATING SUBPARTS (a), (f) AND (g), ADJUSTING LANDFILL CHARGES FOR LICENSED COLLECTORS, CITY RESIDENTS, NON-RESIDENTS, AND FOR GARBAGE DUMPED BY OR FOR CERTAIN GOVERNMENT ENTITIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE (Presentation by Budget Manager Morgan Trainer and Operations Director Ricky Dickson)City Council Agenda Page 4 of 7 September 18, 2012
  5. 5. BUDGET RELATED ITEMS #22 THROUGH #28 WILL BE PRESENTED BY BUDGET MANAGER MORGAN TRAINER AND RELATED STAFF 22. First Public Hearing and consideration of introduction of Ordinance amending Appendix A “Fee Schedule” related to the FY 2012-2013 Budget regarding Alarm Permit Fees AN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 3.000 “BUSINESS RELATED FEES”, SECTION 3.900 “ALARM PERMIT FEES” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, BY RESTATING SAID SECTION TO ADJUST ALARM PERMIT FEES FOR BURGLARY AND ROBBERY ALARM SYSTEMS, FALSE BURGLARY AND ROBBERY ALARM FEES, AND REINSTATEMENT FEE, AND PROVIDING FOR AN ANNUAL BURGLARY AND ROBBERY ALARM SYSTEM PERMIT LATE FEE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE 23. First Public Hearing and consideration of introduction of Ordinance amending Appendix A “Fee Schedule” related to the FY 2012-2013 Budget regarding abandoning of rights-of-ways AN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 9.000 “PLANNING RELATED FEES”, SECTION 9.500.5 “CONVEYANCE OF PROPERTY INTEREST,” BY RESTATING SAID SECTION TO PROVIDE FOR AN ADMINISTRATIVE PROCESSING FEE IN ADDITION TO THE REQUIRED FEE FOR VALUE ON THE CONVEYANCE OF CITY’S INTEREST IN RIGHTS-OF-WAY 24. First Public Hearing and consideration of introduction of Ordinance amending Appendix A “Fee Schedule” related to the FY 2012-2013 Budget regarding planning related fees AN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 9.000 “PLANNING RELATED FEES”, OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, AMENDING SECTION 9.200 “PLANNING AND DEVELOPMENT FEES”, RESTATING SAID SECTION TO CREATE A SINGLE APPLICATION FEE FOR CHANGES OF ZONING CLASSIFICATION BY CREATING AN APPLICATION FEE FOR A SPECIAL USE, BY CREATING AN APPLICATION FEE FOR A CONDITIONAL USE, BY CREATING A FEE FOR ALL APPLICATIONS FOR ZONE CHANGE TO PD DISTRICT, BY PROVIDING FOR ZONE CHANGE SIGN DEPOSIT AND REFUND OF SIGN DEPOSIT, AND BY CREATING A FEE FOR FILING OF AN APPEAL; REPEALING SECTION 9.200.5 “PLANNED DEVELOPMENT FEES; AMENDING SECTION 9.300 “ZONING BOARD APPLICATION FEES”, RESTATING SAID SECTION TO ADJUST THE FEES FOR A REQUEST FOR VARIANCE FROM ZONING REGULATIONS AND THE FEE FOR APPEAL; AMENDING SECTION 9.400 “PRELIMINARY PLATS/FINAL PLATS/REPLATS (EXCEPT ADMINISTRATIVE SUBDIVISIONS)”, RESTATING SAID SECTION TO PROVIDE FEES FOR APPLICATIONS FOR PRELIMINARY PLAT, FINAL PLAT AND REPLAT, AND A SUPPLEMENTAL FEE FOR REPLATS THAT REQUIRE RENOTIFICATION; AMENDING SECTION 9.400.5 “FINAL PLATS/REPLATS OF ADMINISTRATIVE SUBDIVISIONS”, RESTATING SAID SECTION TO PROVIDE FEES FOR APPLICATIONS FOR FINAL AND REPLATS OF ADMINISTRATIVELY ELIGIBLE SUBDIVISIONS, AND SUPPLEMENTAL FEE FOR FINAL PLAT OR REPLAT REQUIRING NOTIFICATION; AMENDING SECTION 9.500 “MISCELLANEOUS PLANNING FEES”, RESTATING SAID SECTION TO UPDATE FEES FOR MISCELLANEOUS REQUESTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE 25. First Public Hearing and consideration of introduction of Ordinance amending Chapter 7 regarding restaurant permit fees AN ORDINANCE AMENDING CHAPTER 7 “HEALTH & SANITATION”, ARTICLE 7.200 “REGULATION OF FOOD ESTABLISHMENTS”, SECTION 7.201 “DEFINITIONS” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS, BY ADDING A DEFINITION FOR “SEASONAL”; AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 13.000 “HEALTH AND SANITATION RELATED FEES”, OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, SECTION 13.001 “RESTAURANT PERMIT FEES” BYCity Council Agenda Page 5 of 7 September 18, 2012
  6. 6. RESTATING SAID SECTION TO PROVIDE FOR THE ADJUSTMENT OF RESTAURANT PERMIT FEES AND LATE FEE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE 26. First Public Hearing and consideration of introduction of Ordinance amending Appendix A “Fee Schedule” related to the FY 2012-2013 Budget regarding the Office of the City Attorney’s fees AN ORDINANCE AMENDING APPENDIX A, ENTITLED “FEE SCHEDULE,” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BY ADDING A NEW ARTICLE 15.000 ESTABLISHING A FEE SCHEDULE OF ADMINISTRATIVE FEES TO BE CHARGED BY THE OFFICE OF THE CITY ATTORNEY FOR ADMINISTRATIVE EXPENSES AND COSTS INCURRED IN ENGAGING IN THE COLLECTION OF MONIES OWED THE CITY OF SAN ANGELO, TEXAS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE 27. First Public Hearing and consideration of introduction of Ordinance amending Appendix A “Fee Schedule” related to the FY 2012-2013 Budget regarding administrative abatement service fees AN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 4.000 “FEES FOR THE ABATEMENT OF JUNK AND THE IMPOUNDMENT AND SALE OF PROPERTY”, OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, BY ADDING A NEW SECTION 4.300 “JUNK, TRASH, WEEDS AND UNSANITARY CONDITIONS ADMINISTRATIVE ABATEMENT SERVICE FEE” TO PROVIDE FOR AN ADMINISTRATIVE ABATEMENT SERVICE FEE FOR THE ABATEMENT BY THE CITY OF UNSANITARY CONDITIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE 28. First Public Hearing and consideration of introduction of Ordinance amending Appendix A “Fee Schedule” related to the FY 2012-2013 Budget regarding taxicab permit fees AN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 3.000 “BUSINESS RELATED FEES”, OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, SECTION 3.300 “TAXICAB PERMIT FEE”, SUBPARAGRAPH (a), BY RESTATING SAID SUBPARAGRAPH (a) TO PROVIDE FOR THE ADJUSTMENT OF TAXICAB PERMIT FEES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE 29. First Public Hearing and consideration of introduction of Ordinance amending Article 11.200 of the Water Conservation and Drought Contingency Ordinance by adding a new subsection to the Exception and Variance Section AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 11.200, SECTION 11.204 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY AMENDING SUBSECTION 11.204(a) “EXCEPTIONS”; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE (Presentation by Water Utilities Director Will Wilde) 30. Consideration of adopting a Resolution implementing Drought Level III of the City’s Water Conservation and Drought Contingency Plan (Presentation by Water Utilities Director Will Wilde) 31. Consideration of matters related to the filling and operation of city fountains, water lily basins and Love Municipal Pool during Drought Stage III (Presentation by Parks and Recreation Director Carl White) 32. Discussion and possible action to adopt a Resolution establishing a uniform policy for the City of San Angelo’s Boards and Commissions (Requested by Councilmember Hirschfeld)City Council Agenda Page 6 of 7 September 18, 2012
  7. 7. H. FOLLOW UP AND ADMINISTRATIVE ISSUES 33. Consideration of matters discussed in Executive/Session, if needed 34. Consideration of various Board nominations by Council and designated Councilmembers: a. Design and Historic Review Commission:  To a first full term September 2014: Bill Carter (SMD2), Benjamin Villarreal (SMD3), Hal Noelke (SMD5), and Gary Donaldson (SMD6)  To a first full term September 2013: Margaret Mallard (SMD4) b. Development Corporation: Pedro Ramirez (SMD3) to an unexpired term February 2013 35. Announcements and consideration of Future Agenda Items The City of San Angelo will host a Grand Opening event for the newly renovated City Hall, 72 W. College, and Community Development Building, 52 W. College, on Thursday, October 18, 2012, from 5:00 P.M. to 8:00 P.M. 36. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Friday, September 14, 2012, at 5:00 P.M. /x/________________________ Alicia Ramirez, City ClerkCity Council Agenda Page 7 of 7 September 18, 2012
  8. 8. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 699Tuesday, August 30, 2012 Vol. 103 OPEN SESSIONBE IT REMEMBERED City Council convened in a special meeting at 1:34 P.M., Tuesday, August 30, 2012, 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 and pledge was led by Mayor New.SPECIAL AGENDAEXECUTIVE/CLOSED SESSIONAt 1:36 P.M., Council convened in Executive Session under the provision of Government Code, Title 5.Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D.Exceptions to Requirement that Meetings be Open, Section 551.074 Personnel Matters to discuss theappointment, employment, and duties of the City Manager.OPEN SESSION (continued)At 3:20 P.M. City Council concluded the Executive/Closed Session whereupon the following business wastransacted:RECESSAt AP.M., Mayor New called a recess.RECONVENEAt AP.M., Council reconvened, and the following business was transacted:PUBLIC HEARING AND COMMENTFOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONMotion, to select the following candidates as finalist for the position of City Manager: Christopher D. Coffman,Jared H. Miller, Susan K. Thorpe, Daniel H. Valenzuela, and Melissa Byrne Vossmer, was made byCouncilmember Hirschfeld and seconded by Councilmember Silvas. Motion carried unanimously.
  9. 9. Page 700 MinutesVol. 103 August 30, 2012ADJOURNMENTMotion, to adjourn, was made by Councilmember Adams and seconded by Councilmember Farmer. Motioncarried unanimously.The meeting adjourned at 3:24 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.)
  10. 10. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 701Tuesday, September 4, 2012 Vol. 103 OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:09 A.M., Tuesday, September 4, 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, with the exception of Councilmember Adams, thus constituting a quorum.Whereupon, the following business was transacted:An invocation was given by Bishop Michael Pfeiffer, OMI and pledge was led by Colby Grafa, 5th Grader,Bowie Elementary, son of Steven Grafa, Parks Facilities Crew Leader.PROCLAMATIONS“Day of Community Prayer for the success of this year’s United Way Campaign in the Concho Valley”,September 4, 2012, was accepted by Patti Breitreiter, President & CEO of the United Way of the ConchoValley, Donna Brosh, Campaign Director, and Bishop Michael Pfeiffer, OMI.“United Way of the Concho Valleys Childrens Day”, September 15, 2012, was accepted by Patti Breitreiter,President & CEO of the United Way of the Concho Valley, Donna Brosh, Campaign Director, and BishopMichael Pfeiffer, OMI.“Constitution Week”, September 17th through 24th, 2012, was accepted by Shirley Dobson, Texas SocietyDaughters of the American Revolution, District X Director.PUBLIC COMMENTPublic comments were made by WTOS member Jerry Sea.CONSENT AGENDAAPPROVAL OF THE AUGUST 21, 2012 CITY COUNCIL REGULAR MEETING MINUTESADOPTION OF A RESOLUTION AWARDING A UNIT SUPPLY BID FOR EMS SUPPLIES, RFB NO.FD-01-12, TO ZOLL MEDICAL CORPORATION, AND AUTHORIZATION FOR THE INTERIM CITYMANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE A CONTRACT THEREFORE ANDRELATED PURCHASING DOCUMENTS ON BEHALF OF THE CITY OF SAN ANGELO FIREDEPARTMENT, AND PROVIDING FOR AN EFFECTIVE DATE (Page 711, #2012-09-121)CONSIDERATION OF AUTHORIZING THE SALE OF THE PROPERTY LOCATED AT 2202 JOY ROAD(HIRSCHFELD) FOR THE APPRAISED VALUE OF $49,300.00 AND AUTHORIZATION FOR THEMAYOR, INTERIM CITY MANAGER, OR WATER UTILITIES DIRECTOR TO EXECUTE ALLNECESSARY LEGAL DOCUMENTS PERTAINING TO THE SALE OF SUBJECT PROPERTIES, SUBJECTTO COMPLETION OF ALL CURATIVE REQUIREMENTS (Discussed in Regular Session)
  11. 11. Page 702 MinutesVol. 103 September 4, 2012ADOPTION OF A RESOLUTION APPROVING PARTICIPATION OF THE CITY OF SAN ANGELO INTHE TEXAS EVENTS TRUST FUND FOR THE LUCAS OIL 2013 FIRST ANNUAL OFF ROAD RACINGEVENT AND AUTHORIZATION FOR THE INTERIM CITY MANAGER TO APPLY FOR A TEXASEVENTS TRUST FUND GRANT THEREFORE (Page 713, #2012-09-122)ADOPTION OF A RESOLUTION ACCEPTING THE FY2013 PUBLIC HEALTH EMERGENCYPREPAREDNESS GRANT FROM THE DEPARTMENT OF STATE HEALTH SERVICES IN THEAMOUNT OF $110,166.00 WITH THE CITY PROVIDING A 10% MATCH OF $11,016.00 (Page 715,#2012-09-123)ADOPTION OF A RESOLUTION ACCEPTING THE FY2013 RLSS-LOCAL PUBLIC HEALTH SYSTEMGRANT FROM THE DEPARTMENT OF STATE HEALTH SERVICES IN THE AMOUNT OF$119,433.00 (Page 717, #2012-09-124)CONSIDERATION OF APPROVING A COUNCILMEMBER HIRSCHFELD’S APPOINTMENT AS ACITY REPRESENTATIVE TO THE CONCHO WATERMASTER ADVISORY COMMITTEE (Discussed inRegular Session)SECOND HEARING AND ADOPTION OF AN ORDINANCE TO DISSOLVE THE RIVER CORRIDORCOMMISSION AND HISTORIC PRESERVATION COMMISSION AND TO CREATE A NEWCOMMISSION ENTITLED DESIGN AND HISTORIC REVIEW COMMISSION AND MATTERSRELATED THERETO (Page 719, #2012-09-125)AN ORDINANCE AMENDING CHAPTER 2 “ADMINISTRATION”, OF THE CODE OF ORDINANCESOF THE CITY OF SAN ANGELO BY REPEALING ARTICLE 2.3000 ENTITLED “HISTORICPRESERVATION COMMISSION” IN ITS ENTIRETY; REPEALING ARTICLE 2.2800 ENTITLED“RIVER CORRIDOR COMMISSION” IN ITS ENTIRETY AND ENACTING A NEW ARTICLE 2.2800ENTITLED “DESIGN AND HISTORIC REVIEW COMMISSION”; PROVIDING FOR THE CREATIONOF THE COMMISSION; PROVIDING FOR THE QUALIFICATIONS AND TERMS OFCOMMISSIONERS; PROVIDING FOR DUTIES, OFFICERS, HISTORIC PRESERVATION OFFICER, EX-OFFICIO MEMBERS, AND QUORUM OF THE COMMISSION; PROVIDING FOR BYLAWS;PROVIDING FOR MEETINGS AND MINUTES; PROVIDING FOR ABSENT MEMBERS; AMENDINGCHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 2 “DEVELOPMENT REVIEW, SECTION215 “DECISION-MAKING BODIES AND OFFICIALS” BY AMENDING SUBPARAGRAPH “E”SETTING FORTH POWERS OF THE DESIGN AND HISTORIC REVIEW COMMISSION; AMENDINGCHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 2 “DEVELOPMENT REVIEW, SECTION215 “DECISION-MAKING BODIES AND OFFICIALS” BY REPEALING SUBPARAGRAPH “F”;AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, ARTICLE 12.700 “RIVERCORRIDOR DEVELOPMENT”, BY REPEALING SECTIONS 12.704 AND 12.705 AND RESTATINGSECTION 12.702 ”DEFINITION OF RIVER CORRIDOR” AND 12.703 “ISSUANCE OF BUILDINGPERMITS; APPEALS”, PROVIDING FOR REVIEW OF CONSTRUCTION PLANS BY THE DESIGNAND HISTORIC REVIEW COMMISSION; AMENDING CHAPTER 12, “PLANNING ANDDEVELOPMENT”, ARTICLE 12.800 “HISTORIC PRESERVATION TAX ABATEMENT”, BYRESTATING SECTION 12.802 “HISTORIC OVERLAY ZONE TAX ABATEMENT”, AND SECTION12.803 “HISTORIC PROJECT TAX ABATEMENT”, TO PROVIDE FOR HISTORIC OVERLAY TAXABATEMENT AND REVIEW BY THE DESIGN AND HISTORIC REVIEW COMMISSION, TOPROVIDE FOR HISTORIC PROJECT TAX ABATEMENT ON APPLICATION TO THE DESIGN ANDHISTORIC REVIEW COMMISSION AND PROVIDING FOR APPEALS; AMENDING CHAPTER 12,“PLANNING AND DEVELOPMENT”, EXHIBIT A, “ZONING ORDINANCE”, ARTICLE 2“DEVELOPMENT REVIEW”, BY RESTATING SECTION 202 “SUMMARY OF DEVELOPMENTREVIEW PROCEDURES”, TO PROVIDE A SUMMARY OF DEVELOPMENT REVIEW PROCEDURES;AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT”, EXHIBIT A, “ZONING
  12. 12. Minutes Page 703September 4, 2012 Vol. 103ORDINANCE”, ARTICLE 2, “DEVELOPMENT REVIEW”, BY RESTATING SECTION 211 “HISTORICOVERLAY ZONE”, PROVIDING FOR A HISTORIC OVERLAY ZONE AND PROCEDURES FORDESIGNATION OF LANDMARK OR DISTRICTS, FOR PUBLIC HEARING BEFORE THE DESIGNAND HISTORIC REVIEW COMMISSION, AND FOR APPEAL; AMENDING CHAPTER 12, “PLANNINGAND DEVELOPMENT”, EXHIBIT A, “ZONING ORDINANCE”, BY REPEALING ARTICLE 3 “USEREGULATIONS”, SECTION 308 “HO (HISTORIC OVERLAY ZONE)”, SUBCHAPTER F “DEMOLITIONBY NEGLECT”; AMENDING CHAPTER 12, “PLANNING AND DEVELOPMENT, EXHIBIT C, “LANDDEVELOPMENT AND SUBDIVISION ORDINANCE”, CHAPTER 5 “PROCEDURAL REQUIREMENTSFOR PROCESSING SUBDIVISIONS” BY REPEALING SECTION VII “RIVER CORRIDORDEVELOPMENT; PROVIDING FOR SEVERABILITY OF TERMS AND PROVISIONS; AND,PROVIDING FOR AN EFFECTIVE DATE.Councilmember Hirschfeld requested the sale of the property located at 2202 Joy Road (Hirschfeld) beconsidered in the Regular Agenda and further recused himself from voting on the item. Council concurredCouncilmember Farmer requested the item regarding Hirschfeld’s appointment as a city representative to theConcho Watermaster Advisory Committee also be considered in the Regular Agenda. Council concurred.Motion, to approve the Consent Agenda, as presented, with the exception of items regarding 2202 Joy Road andthe Concho Watermaster Advisory Committee, was made by Councilmember Farmer and seconded byCouncilmember Silvas. Motion carried unanimously.REGULAR AGENDA: PUBLIC HEARING AND COMMENTAUTHORIZATION FOR THE SALE OF THE PROPERTY LOCATED AT 2202 JOY ROAD(HIRSCHFELD) FOR THE APPRAISED VALUE OF $49,300.00 AND AUTHORIZATION FOR THEMAYOR, INTERIM CITY MANAGER, OR WATER UTILITIES DIRECTOR TO EXECUTE ALLNECESSARY LEGAL DOCUMENTS PERTAINING TO THE SALE OF SUBJECT PROPERTIES, SUBJECTTO COMPLETION OF ALL CURATIVE REQUIREMENTS (Discussed in Regular Session)Motion, to authorize the sale, as presented, was made by and seconded by . Motion carried unanimously.APPROVAL OF COUNCILMEMBER HIRSCHFELD’S APPOINTMENT AS A CITY REPRESENTATIVETO THE CONCHO WATERMASTER ADVISORY COMMITTEE (Discussed in Regular Session)Motion, to approve the appointment, as presented, was made by and seconded by . Motion carried unanimously.Councilmember Hirschfeld rejoined the meeting.CONSIDERATION OF MATTERS RELATED TO THE NAMING OF A PRIVATE DRIVE WITHIN THECITY OF SAN ANGELO:· FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE REPEALING IN ITS ENTIRETY THE ORDINANCE INTRODUCED, PASSED, APPROVED AND ADOPTED ON THE 5TH DAY OF APRIL, 2005 NAMING A PRIVATE DRIVE ON LOT 1 IN SOUTHLAND PARK ADDITION, SECTION FIFTEEN, TIME CLOCK DRIVE; AND PROVIDING AN EFFECTIVE DATE· FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE NAMING A PRIVATE DRIVE WITHIN THE CITY OF SAN ANGELO LOCATED ON A 3.757 ACRE TRACT IN BLOCK CC, SECTION 30 COLLEGE HILLS SOUTH ADDITION, TIME CLOCK DRIVE; AND PROVIDING AN EFFECTIVE DATEDevelopment Coordinator Bob Schneeman presented background information. A copy of the presentation ispart of the Permanent Supplemental Minute record.Motion, to introduce the Ordinance repealing and Ordinance designating Time Clock Drive, as presented, wasmade by Councilmember Silvas and seconded by Councilmember Morrison.
  13. 13. Page 704 MinutesVol. 103 September 4, 2012Fire Chief Brian Dunn expressed his concerns regarding public safety response time as a result of changingnames of streets and related 911 issues.A vote was taken on the motion on the floor. Motion carried unanimously.Councilmember Adams arrived to the meeting at 9:39 A.M.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AUTHORIZINGABANDONMENT OF PUBLIC RIGHT-OF-WAY FOR SMITH BOULEVARD EXTENDINGAPPROXIMATELY 1000 FEET NORTHWARD FROM THE INTERSECTION OF SMITH BOULEVARDAND MCGILL BOULEVARD IN NORTHEASTERN SAN ANGELOAN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWINGSTREET SEGMENT, TO WIT: An approximately 80’ wide portion of the unimproved public right-of-way forSmith Boulevard, extending approximately 1000’ northward from McGill Boulevard, immediately adjacent toproperty owned by Howard College in northeast San Angelo; AUTHORIZING THE CONVEYANCETHEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS ANDCONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TOEXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERSPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded byCouncilmember Adams. 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 12-03: Howard College CampusAN 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: 3501 North US Highway 67, encompassing the area known as theHoward College, more specifically, being 33.802 acres out of the J. Pointevent Survey 1113, Abstract 4873, andPaulann Park Addition, Section 3, Tract H, being 0.76 acre, and Paulann Park Addition, Section 3, Tract G,being the northwestern 0.145 acre, in northeast San Angelo, a zone change from a combination of GeneralCommercial (CG) and Light Manufacturing (ML) to Planned Development (PD) District; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded byCouncilmember Hirschfeld. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ 12-10: GBT RealtyAN 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 THE
  14. 14. Minutes Page 705September 4, 2012 Vol. 103FOLLOWING PROPERTY, TO WIT: An unaddressed 1.36 acre tract, at the southwest corner of theintersection of Glenna Street and Howard Street, and just north of the Jefferson Heights Addition, Block 25,Lots 34-40; more specifically, occupying 1.36 acres of the J Moehl Survey, in northwest San Angelo, changingthe zoning classification from Two Family Residential (RS-2) to 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 Minute record.Motion, to deny the introduction of the Ordinance, as presented, was made by Councilmember Adams andseconded by Councilmember Morrison.General discussion was held on the potential increase in traffic, other potential uses for this area, and whetheralcoholic beverages would be sold at this location. City Clerk Alicia Ramirez confirmed the local DollarGeneral stores sale alcoholic beverages.Public comments were made by West Texas Organizing Strategy representative Craig Meyers and ProponentTerry Cowan.A vote was taken on the motion on the floor. AYE: Silvas, Morrison, Adams, and Farmer. NAY: New,Alexander, Hirschfeld. Motion carried 4-3.RECESSAt 10:14 P.M., Mayor New called a recess.RECONVENEAt 10:28 P.M., Council reconvened, and the following business was transacted:FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOSU 12-01: Daryl PresleyAN 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: 2229 W Beauregard, located at the intersection of W BeauregardAvenue and South Pierce Street; more specifically occupying the Village Shopping Center Condo Subdivision,Block 25, Lots 5-8, in western San Angelo, to allow for a "Firearms Range" on property in a GeneralCommercial/ Heavy Commercial (CG/CH) district; PROVIDING FOR SEVERABILITY AND PROVIDING APENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Adams and seconded byCouncilmember Hirschfeld.General discussion was held on the type of firearms that would be discharged, sound abatement material, stateregulations pertaining to indoor ranges, and future retail use.A vote was taken on the motion on the floor. Motion carried unanimously.FIRST PUBLIC HEARING AND APPROVAL OF THE PLANNING COMMISSION’SRECOMMENDATION MODIFYING A REQUEST FOR A ZONE CHANGE FROM TWO FAMILYRESIDENTIAL (RS-2) TO GENERAL COMMERCIAL (CG), ALTERNATIVELY RECOMMENDING A
  15. 15. Page 706 MinutesVol. 103 September 4, 2012ZONE CHANGE FROM TWO FAMILY RESIDENTIAL (RS-2) TO NEIGHBORHOOD COMMERCIAL(CN) WITH AN INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ 12-09: Donald SpradleyAN 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: 13 W 11th Street, located approximately 160 feet from the intersectionof North Chadbourne Street and W 11th Street; more specifically occupying the Miles Addition, Block 52, Lot4, in central San Angelo, changing the zoning classification from Two Family Residential (RS-2) toNeighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING APENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded byCouncilmember Hirschfeld. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AUTHORIZINGABANDONMENT OF PUBLIC RIGHT-OF-WAY IN LAKE VIEW ADDITION BLOCK 40 AND THEJACOBY ADDITION, BLOCK 1 IN NORTHERN SAN ANGELOAN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWINGSTREET SEGMENT, TO WIT: An approximately 10’ x 123’ portion of alley running east to west,perpendicular to Travis Street, between The Jacoby Addition, Block 1, Lot 1 and Lake View Addition, Block40, Lots 5-7 in northern San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THEABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OFABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE ANDDELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERSPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded byCouncilmember Silvas. Motion carried unanimously.DISCUSSION ON MATTERS RELATED TO THE ADOPTION OF A RESOLUTION IMPLEMENTINGDROUGHT LEVEL III OF THE CITY’S WATER CONSERVATION AND DROUGHT CONTINGENCYPLANWater Utilities Director Will Wilde presented background information and informed to date, the City does notmeet the trigger points for Drought Level III (DLIII). City Attorney Lysia H. Bowling explained the WaterUtilities Director must determine the City’s water level has meet the trigger point as outlined in the Ordinancebefore Council can declare DLIII. Therefore, entering the DLIII in advance is not permissible under the currentOrdinance language.General discussion was held on the calculation of the water levels which does not include the Hickory project,DLIII criteria, further establishing variances and amending the exemption policy; recommended applyingexemptions by group or type of business as opposed to individual request as currently outlined in the ordinance;residential users abusing the restrictions of the ordinance; the City’s efforts to begin minimizing water use invarious department activities; actively participating in water conservation efforts; approaching the restrictions inphases for next 2 to 3 months and continuously reviewing those impacts; issues related to golf courses, pools,
  16. 16. Minutes Page 707September 4, 2012 Vol. 103and car washed.Public comments were made by Robert Banskter, Tobin Abbott of Southwest Pools, Craig Hill of Hill Pools,and Bobby Lewallen of Auto Paradise.Council directed staff to present their recommendations to amend the ordinance at the September 18, 2012meeting.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING APPENDIX A OFTHE CODE OF ORDINANCES, CITY OF SAN ANGELO REGARDING UTILITY RELATED FEESAN ORDINANCE AMENDING APPENDIX A, “FEE SCHEDULE”, ARTICLE 8.000 “UTILITY RELATEDFEES”, OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, AMENDING SECTION8.1500 “CHARGE FOR COLLECTION OF GARBAGE AND TRASH”, BY RESTATING SUBPART (a)RESIDENTIAL SERVICES”, (1) “RESIDENCE SERVICE CHARGES”, ADJUSTING RESIDENCESERVICE CHARGES; AMENDING SECTION 8.1500 “CHARGE FOR COLLECTION OF GARBAGEAND TRASH”, BY RESTATING SUBPART (b) “COMMERCIAL SERVICE”, (2) “COMMERCIALSERVICE CHARGES”, ADJUSTING COMMERCIAL SERVICE CHARGES; AMENDING SECTION8.1700 “LANDFILL CHARGES”, BY RESTATING SUBPARTS (a), (f) AND (G), ADJUSTING LANDFILLCHARGES FOR LICENSED COLLECTORS, CITY RESIDENTS, NON-RESIDENTS, AND FORGARBAGE DUMPED BY OR FOR CERTAIN GOVERNMENT ENTITIES; PROVIDING FORSEVERABILITY; AND PROVIDING AN EFFECTIVE DATEDue to time constraints, Budget Manager Morgan Trainer suggested postponing this item until the September18, 2012 meeting. Council concurred.SECOND PUBLIC HEARING AND ADOPTION OF AN ORDINANCE OF THE CITY OF SAN ANGELOAPPROVING AND ADOPTING THE FY 2013 BUDGET AND RELATED MATTERS (Page 747, #2012-09-126)AN ORDINANCE OF THE CITY OF SAN ANGELO APPROVING AND ADOPTING THE BUDGET FORTHE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013; ADOPTINGEMPLOYEE COMPENSATION SCHEDULES; PROVIDING FOR THE GENERAL APPROPRIATION OFFUNDS; RESERVING UNTO THE CITY COUNCIL THE AUTHORITY TO TRANSFER APPROPRIATIONSBUDGETED; RATIFYING TRANSFERS OF APPROPRIATIONS OCCURRING IN THE 2011-2012 FISCALYEAR AND AMENDING THAT BUDGET ORDINANCE ACCORDINGLY; RESERVING UNTO THE CITYCOUNCIL THE POWER, ONLY AS PERMITTED BY LAW, TO AMEND OR MAKE CHANGES IN THEBUDGET FOR MUNICIPAL PURPOSES; PROVIDING AUTHORITY FOR THE CITY MANAGER OR HISDESIGNEE TO MAKE CERTAIN ADJUSTMENTS FROM TIME TO TIME IN OR BETWEEN BUDGETEDALLOCATIONS; AND, PROVIDING FOR FILING OF THE BUDGETInterim City Manager Michael Dane and Budget Manager Morgan Trainer presented background information. Acopy of the presentation is part of the Permanent Supplemental Minute record.General discussion was held Council prior directive to replenish the $44,633.00 to continue senior nutritionprogram, Line Item 310 $1M decrease in the City’s Health benefit due to positive impacts of the plan’s changes,and the pay plan distribution methodology and the option to determine such at a later date.Motion, to adopt the Ordinance, as presented, including replenishing the $44,633.00 to continue the SeniorNutrition Program, was made by Councilmember Morrison and seconded by Councilmember Adams.Further discussion was held and concern expressed on the various Council directives to staff regardingrequested budget adjustments from prior budget discussions.A vote was taken on the motion on the floor. AYE: New, Alexander, Morrison, and Adams. NAY: Silvas,Hirschfeld, and Farmer. Motion carried 4-3.
  17. 17. Page 708 MinutesVol. 103 September 4, 2012FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE LEVYING PROPERTY TAXESFOR THE CITY OF SAN ANGELO FOR THE 2012 TAX YEARAN ORDINANCE FIXING AND LEVYING AD VALOREM TAXES FOR THE USE AND SUPPORT OFTHE MUNICIPAL GOVERNMENT OF THE CITY OF SAN ANGELO, TEXAS, FOR THE 2012-2013BUDGET YEAR; PROVIDING FOR THE ASSESSMENT AND COLLECTION THEREOF; PROVIDINGWHEN THE TAX SHALL BECOME DUE; PROVIDING WHEN THE TAX SHALL BECOMEDELINQUENT; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDINGFOR PUBLICATION ON THE CITY OPERATED WEB SITE; AND, PROVIDING FOR AN EFFECTIVEDATE.Budget Manager Morgan Trainer presented background information.Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded byCouncilmember Alexander. Motion carried unanimously.RECESSAt 12:24 P.M., Mayor New called a recess.RECONVENEAt 1:20 P.M., Council reconvened, and the following business was transacted:EXECUTIVE/CLOSED SESSIONAt 1:20 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 551.074 Personnel Matters to interview candidates for the CityManager position.OPEN SESSION (continued)At 4:55 P.M. City Council concluded the Executive/Closed Session whereupon the following business wastransacted:FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONNo action was taken on matters discussed in Executive/Closed Session.CONSIDERATION OF FUTURE AGENDA ITEMSInterim City Manager Michael Dane distributed the proposed September 4, 2012 Agenda and solicited Councilcomments and suggestions.The following items were requested:Introduction of the Utility Related Fee OrdinanceOptions and methodology for pay increasesExemptions under the Water Conservation OrdinanceDowntown Development Commission updateTriCity effortsBoard and Commission uniform term policy
  18. 18. Minutes Page 709September 4, 2012 Vol. 103ADJOURNMENTMotion, to adjourn, was made by Councilmember Adams and seconded by Councilmember Morrison. Motioncarried unanimously.The meeting adjourned at 5:09 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.)
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  20. 20. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 755Tuesday, September 5, 2012 Vol. 103 OPEN SESSIONBE IT REMEMBERED City Council convened in a special meeting at 9:06 A.M., Tuesday, September 5, 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, with the exception of Councilmember Adams, thus constituting a quorum.Whereupon, the following business was transacted:An invocation was given by and pledge was led by Councilmember Silvas.SPECIAL AGENDAEXECUTIVE/CLOSED SESSIONAt 9:09 A.M., Council convened in Executive Session under the provision of Government Code, Title 5.Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D.Exceptions to Requirement that Meetings be Open, Section 551.074 Personnel Matters to discuss theappointment, employment, and duties of the City Manager.Councilmember Adams arrived to the meeting at 9:28 A.M.OPEN SESSION (continued)At 5:06 P.M. City Council concluded the Executive/Closed Session whereupon the following business wastransacted:Mayor New left the meeting at 5:06 P.M. and did not return.PUBLIC HEARING AND COMMENTCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONMotion, to appointment Mr. Daniel Valenzuela, was made by Councilmember Adams and seconded byCouncilmember Morrison.Although absent upon the announcement, Council members informed the Mayor also supported the selectionand appointment of Mr. Valenzuela.A vote was taken on the motion on the floor. Motion carried unanimously.Mr. Valenzuela accepted the offer for the position of City Manager and thanked the Council for the opportunityto work for the City of San Angelo.Human Resources Director Lisa Marley informed his employment may begin on or about October 16, 2012.
  21. 21. Page 756 MinutesVol. 103 September 5, 2012ADJOURNMENTMotion, to adjourn, was made by Councilmember Adams and seconded by Councilmember Farmer. Motioncarried unanimously.The meeting adjourned at 5:14 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.)
  22. 22. PROCLAMATIONWHEREAS, Fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at the greatest risk from fire; andWHEREAS, Fire departments in the United States responded to nearly 400,000 home fires in a single year; andWHEREAS, San Angelo residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; andWHEREAS, The fire service of San Angelo is dedicated to the safety of life and property from the devastating effects of fire, and they are joined by other emergency service providers, businesses, safety advocates, schools, and service clubs,NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf ofthe City Council, do hereby proclaim the week of October 7-13, 2012 as FIRE PREVENTION WEEKand call upon the people of San Angelo to participate in fire prevention activities at home,work, and school, and practice home fire safety especially this week which commemoratesthe great Chicago Fire of 1871 which killed 250 persons, left 100,000 homeless, anddestroyed 17,400 buildings. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 2nd day of October, 2012. THE CITY OF SAN ANGELO _________________________________ ALVIN NEW, MAYOR
  23. 23. AICP is the American Planning Associations professional institute, providing recognized leadershipnationwide in the certification of professional planners, ethics, professional development, planningeducation, and the standards of planning practice. To become a certified planner, APA membersmust meet certain education and experience requirements and pass a written examination. AICPcertified planners carry a high mark of distinction because they are required to meet rigorousstandards, maintain their expertise through continuing education, and serve community interests.
  24. 24. Memo Date: August 3, 2012 To: Mayor and City Council members From: Doray Hill, Jr., Director, San Angelo Metropolitan Planning Organization Subject: Consent Agenda Item for September 18, 2012 City Council Meeting Contact: Doray Hill, Jr., San Angelo Metropolitan Planning Organization 325-481-2800 Marc Williams, P.E. Interim Director Texas Department of Transportation 512-486-5003 Caption: A resolution of the city of San Angelo authorizing the interim city manager of his designee to negotiate and execute a planning agreement by and between the Texas Department of Transportation, the San Angelo metropolitan planning organization policy board, and the city of San Angelo, providing for the urban district transportation planning and superseding prior agreements between the parties Summary: This contract is a requirement by the Texas Department of Transportation. All Metropolitan Planning Organizations in the State of Texas are required to have a Planning Contract.History:The San Angelo Metropolitan Planning Organization (SA-MPO) currently has a contract in placebetween the City of San Angelo and the Texas Department of Transportation. This Agreementwas approved by City Council on December 6, 2011 and will expire September 30, 2012.A new Agreement that has slight language changes and more updated references to legislationwas given to the Texas MPOs to replace the existing Planning Contract. Page 1 of 2
  25. 25. As the fiscal agent for SA-MPO, the City of San Angelo is being asked to sign this new PlanningAgreement. This Agreement is similar to previous Planning Contracts, however, it does not changeany of the responsibilities of the fiscal agent; rather it includes new responsibilities for MPOs andTxDOT.The City of San Angelo Legal staff approved this Agreement on April 2, 2012 and the San AngeloMetropolitan Planning Organization Policy Board approved this Agreement at their September13, 2012 meeting. After Council approval, this document will be sent to the Texas Departmentof Transportation for the State of Texas for execution. This Agreement expires September 30,2018.Financial Impact: n/aRelated Vision Item (if applicable): n/aNotification: n/aAttachments: Agreement with Metropolitan Planning Organization ResolutionPresentation: n/aPublication: n/a Page 2 of 2
  26. 26. Contract #_________________ Federal Highway Administration CFDA #___________________ Not Research and DevelopmentSTATE OF TEXAS §COUNTY OF TRAVIS § AGREEMENT WITH METROPOLITAN PLANNING ORGANIZATIONTHIS AGREEMENT is made by and between the State of Texas, acting through the TexasDepartment of Transportation, called the “Department,” the San Angelo MetropolitanPlanning Organization (MPO) Policy Committee, called the “MPO”, which has beendesignated as the MPO of the San Angelo urbanized area, and the City of San Angelo,which serves as the Fiscal Agent for the MPO. WITNESSETHWHEREAS, 23 United States Code (USC) §134 and 49 USC §5301 et seq. require thatMPOs, in cooperation with the Department and transit agencies, develop transportationplans and programs for urbanized areas of the State; andWHEREAS, 23 USC §104(f) authorizes Metropolitan Planning funds and 49 USC §5301 etseq. authorizes funds to be made available to MPOs designated by the Governor tosupport the urban transportation planning process; andWHEREAS, the federal share payable for authorized activities using 49 USC §5303 andMetropolitan Planning funds is eighty percent (80%) of allowable costs; andWHEREAS, Texas Transportation Code §221.003 authorizes the Department to expendfederal and state funds for improvements to the state highway system; andWHEREAS, Texas Transportation Code §201.703 authorizes the Department to expendfederal funds and to provide state matching funds for allowable costs necessary for theimprovement of roads not in the state highway system; andWHEREAS, Metropolitan Planning funds, and other federal transportation funds that maybe used for planning (e.g., Surface Transportation Program, National Highway System,Congestion Mitigation and Air Quality, etc.) and 49 USC §5303 funds are to be used inconjunction with work conducted under the terms of this Agreement; andWHEREAS, the Governor of the State of Texas has designated the San Angelo MPO asthe MPO for the above-mentioned urbanized area; andTPP & MPO Agreement Page 1 of 18 Revised 02/15/2012
  27. 27. Contract #_________________ Federal Highway Administration CFDA #___________________ Not Research and DevelopmentWHEREAS, the Governor of the State of Texas and the City of San Angelo have executedan agreement pursuant to the MPO designation; andWHEREAS, an area equal to or larger than the above-mentioned urbanized area has beendelineated in accordance with federal and state guidelines where required metropolitantransportation planning activities may take place; andWHEREAS, 23 Code of Federal Regulations (CFR) §420.117(a) requires that inaccordance with 49 CFR §18.40, the Department shall monitor all activities performed byits staff or by sub-recipients with Federal Highway Administration (FHWA) planning andresearch funds to assure that the work is being managed and performed satisfactorily andthat time schedules are being met; andNOW THEREFORE, it is agreed as follows: AGREEMENTArticle 1. Agreement PeriodA. This Agreement becomes effective when signed by the last party whose signing makes this Agreement fully executed. The Department shall not continue its obligation to the MPO under this Agreement if the Governors designation of the MPO is withdrawn; if federal funds cease to become available; or if this Agreement is terminated as provided below.B. This Agreement expires on ______________, 20__. No fewer than one hundred and twenty (120) days before the expiration date, the Department may, at its sole discretion, exercise in writing an option to extend this Agreement by a period of no more than ____ years. The Department may exercise this option no more than ____ times. If all terms and conditions of this Agreement remain viable and no amendment to the existing agreement or new agreement is required, a letter from the Department to the MPO shall constitute renewal of this Agreement subject to all terms and conditions specified in this Agreement. However, an amendment or a new agreement may be executed, if necessary.Article 2. Responsibilities of the DepartmentThe responsibilities of the Department are as follows:A. Assist in the development of the Unified Planning Work Program (UPWP), approve the format of work programs submitted by the MPO, and, where required by federal law or regulation, monitor the MPOs performance of activities and expenditure of funds under a UPWP. Where monitoring is not required, the Department is responsible for reviewing the MPOs activities and expenditure of funds, and will comment on and make suggestions relating to those activities and expenditures.B. Develop a time line for development of the UPWP by the MPO; and in consultation with the MPOs, shall develop a standard UPWP format to be used by all MPOs.TPP & MPO Agreement Page 2 of 18 Revised 02/15/2012
  28. 28. Contract #_________________ Federal Highway Administration CFDA #___________________ Not Research and DevelopmentC. Make available to the MPO its share of all federal metropolitan planning funds and provide the required non-federal match as authorized by the Texas Transportation Commission. The Department will distribute federal transportation planning funds to the MPO based on a formula developed by the Department, in consultation with the MPOs, and approved by FHWA, the Federal Transit Administration (FTA), and other applicable federal agencies.D. Provide to the MPO, as appropriate, technical assistance and guidance for the collection, processing, and forecasting of socio-economic data needed for the development of traffic forecasts, plans, programs, and planning proposals within the metropolitan area, including collecting, processing, and forecasting vehicular travel volume data in cooperation with the MPO, as appropriate.E. Jointly promote the development of the intermodal transportation system within the metropolitan area by identifying points in the system where access, connectivity, and coordination between the modes and inter-urban facilities would benefit the entire system.F. Share with the MPO, information and information sources concerning transportation planning issues that relate to this Agreement.Article 3. Responsibilities of the MPOThe MPO is an organization created to ensure that existing and future expenditures ontransportation projects and programs are based on a continuing, cooperative, andcomprehensive planning process. The responsibilities of the MPO are as follows:A. Document planning activities in a UPWP to indicate who will perform the work, the schedule for completing it, and all products that will be produced. In cooperation with the Department and public transportation operators as defined by 23 CFR Part 450, the MPO must annually or bi-annually develop a UPWP that meets federal requirements.B. Prepare and submit to the Department an annual performance and expenditure report of progress no later than December 31 of each year. A uniform format for the annual report will be established by the Department, in consultation with the MPOs.C. Use funds provided in accordance with 43 Texas Administrative Code (TAC) §16.52 and Article 2 (Responsibilities of the Department) of this Agreement to develop and maintain a comprehensive regional transportation planning program in conformity with the requirements of 23 USC §134, 49 USC §5303, and the State’s Uniform Grant Management Standards (UGMS) at the web address www.governor.state.tx.us/files/state-grants/UGMS062004.doc.D. Develop a Metropolitan Transportation Plan (MTP), a Transportation Improvement Program (TIP), and a UPWP for the Metropolitan Planning Area (MPA), all of which are consistent with the Statewide Long-Range Transportation Plan (SLRTP), as required by state and federal law. At a minimum, the MPO shall consider in their planning process the applicable factors outlined in 23 USC §134.E. Assemble and maintain an adequate, competent staff with the knowledge and experience that will enable them to perform all appropriate MPO activities required by law.TPP & MPO Agreement Page 3 of 18 Revised 02/15/2012
  29. 29. Contract #_________________ Federal Highway Administration CFDA #___________________ Not Research and DevelopmentF. Forecast, collect, and maintain appropriate socio-economic, roadway, and travel data on a timely basis, in cooperation with the Department.G. Prepare all required plans, programs, reports, data, and obtain required certifications in a timely manner.H. Share information and information sources concerning transportation planning issues.Article 4. Responsibilities of the MPO Policy CommitteeThe MPO Policy Committee is the policy body that is the forum designated under 23 USC§134 with the responsibility for establishing overall transportation policy for the MPO andfor making required approvals. The MPO Policy Committee is comprised of thosegovernmental agencies identified in the original designation agreement and those agenciesor organizations subsequently added to the membership of the committee. Theresponsibilities of the MPO, acting through its Policy Committee, are as follows:A. Ensure that requirements of 23 USC §§134 and 135 and 49 USC, Chapter 53, are carried out.B. Use funds provided in accordance with Article 2 (Responsibilities of the Department) of this Agreement to develop and maintain a comprehensive regional transportation planning program in accordance with requirements of 23 USC §134 and 49 USC §5303.C. Develop and adopt an MTP for the MPA that is consistent with the SLRTP required by state and federal laws; a TIP and a UPWP; and other planning documents and reports that may be required by state or federal laws or regulations.D. Exercise sole responsibility to hire, supervise, evaluate, and terminate the MPO Transportation Planning Director.E. Provide planning policy direction to the MPO Transportation Planning Director.Article 5. Responsibilities of the Fiscal AgentThe Fiscal Agent for the MPO is the entity responsible for providing fiscal, human resource,and staff support services to the MPO. The responsibilities of the Fiscal Agent are asfollows:A. Maintain required accounting records for state and federal funds consistent with current federal and state requirements.B. Provide all appropriate funding, as identified by fiscal year in the UPWP, to allow the MPO staff to effectively and efficiently operate the program.C. Provide human resource services to the MPO.D. Provide benefits for the MPO staff that shall be the same as the Fiscal Agent normally provides its own employees; or as determined through an agreement between the MPO and the Fiscal Agent. Costs incurred by the Fiscal Agent for these benefits may be reimbursed by the MPO.E. Establish procedures and policies for procurement and purchasing, when necessary, in cooperation with the MPO.Article 6. Responsibilities of the MPO Transportation Planning DirectorThe responsibilities of the MPO Transportation Planning Director are as follows:TPP & MPO Agreement Page 4 of 18 Revised 02/15/2012
  30. 30. Contract #_________________ Federal Highway Administration CFDA #___________________ Not Research and DevelopmentA. Administer the MPO’s UPWP. The Director shall serve in a full-time capacity and shall take planning policy direction from and be responsible to the designated MPO Policy Committee.B. Act as a liaison to the Department, relevant to the Department’s transportation planning activities.C. Oversee and direct all MPO transportation planning staff work performed using MPO funds.D. Prepare and submit all required plans, programs, reports, data, and certifications in a timely manner.E. Develop and present to the MPO Policy Committee an MTP for the MPA that is consistent with the SLRTP required by state and federal laws; a TIP and a UPWP; and other planning documents and reports that may be required by state or federal laws or regulations.F. Share information and information resources concerning transportation planning issues.Article 7. Unified Planning Work ProgramA. Each year the MPO shall submit to the Department a program of work that includes goals, objectives, and tasks required by each of the several agencies involved in the metropolitan transportation planning process. This program of work is to be called the Unified Planning Work Program (UPWP), or any successor name. The UPWP shall be approved by the MPO Policy Committee, in accordance with 23 CFR §450.314.B. The UPWP will be prepared for a period of one (1) year or two (2) years unless otherwise agreed to by the Department and the MPO. The UPWP shall reflect only that work that can be accomplished during the time period of the UPWP, in accordance with TAC §16.52.C. The UPWP shall reflect transportation planning work tasks to be funded by federal, state, or local transportation, or transportation related (e.g. air quality) planning funds. The budget and statement of work will be included in the UPWP. The MPO may not incur costs until final approval of the UPWP is granted. The maximum amount payable will not exceed the budget included in the UPWP.D. The effective date of each UPWP will be October 1st of each year or the date of approval from the appropriate oversight agency, whichever occurs later. On that date, the UPWP shall constitute a new federal project and shall supersede the previous UPWP.E. The UPWP shall comply with all applicable federal and state requirements and will describe metropolitan transportation and transportation-related planning activities anticipated in the area.F. The use of federal metropolitan transportation planning funds shall be limited to transportation planning activities affecting the transportation system within the boundaries of a designated metropolitan planning area. If an MPO determines that data collection and analysis activities relating to land use, demographics, or traffic or travel information, conducted outside its boundaries, affects the transportation system within its boundaries, then those activities may be undertaken using federal planning funds, if the activities are specifically identified in an approved UPWP. Any other costsTPP & MPO Agreement Page 5 of 18 Revised 02/15/2012
  31. 31. Contract #_________________ Federal Highway Administration CFDA #___________________ Not Research and Development incurred for transportation planning activities outside the boundaries of a designated metropolitan planning area are not eligible for reimbursement.G. Travel outside the State of Texas by MPO staff and other agencies participating in the MPO planning process must be approved by the Department if funded with federal transportation planning funds. The MPO must receive approval prior to incurring any costs associated with the actual travel (e.g., registration fee). This provision will not apply if the travel is at the request of the Department. Travel to the State of Arkansas by the Texarkana MPO staff and travel to the State of New Mexico by the El Paso MPO staff shall be considered in-state travel.H. The cost of travel incurred by elected officials serving on the MPO Policy Committee is eligible for reimbursement with federal transportation planning funds in accordance with 43 TAC §16.52.I. The use of federal transportation planning funds is limited to corridor/subarea level planning or multimodal or system-wide transit planning studies. Major investment studies and environmental studies are considered corridor level planning. Unless otherwise authorized by federal law or regulation, the use of such funds beyond environmental document preparation or for specific project level planning and engineering (efforts directly related to a specific project instead of a corridor) is not allowed.J. Failure to adhere to the time line developed by the Department may result in a delay in the authorization to the MPOs to proceed in incurring costs.K. A UPWP will not be approved if it is submitted in a format other than the standard format developed by the Department. The UPWP and subsequent amendments may be submitted electronically.L. The MPO shall not incur any costs for work outlined in the UPWP or any subsequent amendments (i.e., adding new work tasks or changing the scope of existing work tasks) prior to receiving approval from the Department. Any costs incurred prior to receiving Department approval are not eligible for reimbursement from federal transportation planning funds.M. Costs incurred by the MPO shall not exceed the total budgeted amount of the UPWP without prior approval of the MPO Policy Committee and the Department. Costs incurred on individual work tasks shall not exceed that task budget by 25 percent without prior approval of the MPO Policy Committee and the Department. If the costs exceed 25 percent of the task budget, the UPWP shall be revised, approved by the MPO Policy Committee, and submitted to the Department for approval.N. The MPO Policy Committee must approve the UPWP and any subsequent revisions, and shall not delegate the approval authority, except for corrective actions. Corrective actions do not change the scope of work, result in an increase or decrease in the amount of task funding, or affect the overall budget. Examples include typographical, grammatical, or syntax corrections.O. Should any conflict be discovered between the terms of this Agreement and the UPWP, the terms of this Agreement shall prevail.P. The MPO is not authorized to request payment for any work it may perform that is not included in the current UPWP.TPP & MPO Agreement Page 6 of 18 Revised 02/15/2012
  32. 32. Contract #_________________ Federal Highway Administration CFDA #___________________ Not Research and DevelopmentArticle 8. CompensationThe Department’s payment of any cost incurred under this Agreement is contingent uponall of the following:A. Federal funds are available to the Department in a sufficient amount for making payments.B. The incurred cost is authorized in the UPWP. The maximum amount payable under this Agreement shall not exceed the total budgeted amount outlined in the UPWP in accordance with 43 TAC §16.52.C. The cost has actually been incurred by the MPO and meets the following criteria: 1. Is verifiable from MPO records; 2. Is not included as match funds for any other federally-assisted program; 3. Is necessary and reasonable for the proper and efficient accomplishment of program objectives; 4. Is the type of charge that would be allowable under OMB Circular A-87 Revised, “Cost Principles for State, Local, and Indian Tribal Governments” and the State’s UGMS; and 5. Is not paid by the Department or federal government under another assistance program unless authorized to be used as match under the other federal or state agreement and the laws and regulations to which it is subject.D. After October 1st of each year, the Department will issue a work order to the MPO establishing the effective date of work and the total funds authorized. If the UPWP is subsequently revised, necessitating a revision to the original work order, or the Department deems a revision necessary; a revised work order may be issued at any time throughout the fiscal year. If the amount in the UPWP differs from the amount in the work order, the amount in the work order prevails.E. The MPO is authorized to submit requests for payment of authorized costs incurred under this Agreement on a semi-monthly basis, but no more than twenty four (24) times a year and no less than monthly as expenses occur. Each request for payment shall be submitted in a manner acceptable to the Department, which includes, at a minimum, the following information: 1. UPWP budget category or line item; 2. Description of the cost; 3. Quantity; 4. Price; 5. Cost extension; and 6. Total costsF. The MPO shall submit the final bill from the previous fiscal year to the Department no later than December 31st of the calendar year in which that fiscal year ended. Any bills submitted after December 31 for a fiscal year in which the funds have been de- obligated will be processed against the current year’s UPWP.G. Payment of costs is contingent upon compliance with the terms of Article 3 (Responsibilities of the MPO) of this Agreement. Noncompliance may result inTPP & MPO Agreement Page 7 of 18 Revised 02/15/2012
  33. 33. Contract #_________________ Federal Highway Administration CFDA #___________________ Not Research and Development cancellation of authorized work and suspension of payments after a thirty (30) day notification by the Department to the MPO.Article 9. ReportingTo permit program monitoring and reporting, the MPO shall submit reports as required inArticle 3 (Responsibilities of the MPO) of this Agreement. If task expenditures overrun orunderrun a budgeted task amount by twenty-five percent (25%) or more, the annualperformance and expenditure report must include an explanation for the overrun orunderrun.Article 10. IndemnificationA. The MPO shall save harmless the Department and its officers and employees from all claims and liability that are due to activities of the MPO, its agents, or its employees performed under this Agreement and that are caused by or result from error, omission, or negligent act of the MPO or of any person employed by the MPO.B. To the extent possible under state law, the MPO shall also save harmless the Department from any and all expense, including but not limited to, attorney fees that may be incurred by the Department in litigation or otherwise resisting claims or liabilities that may be imposed on the Department as a result of the activities of the MPO, its agents, or its employees.Article 11. Inspection of Work and Retention of DocumentsA. The Department and, when federal funds are involved, the U.S. Department of Transportation (USDOT), and their authorized representatives shall have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed under this Agreement and the premises on which it is being performed.B. If any inspection or evaluation is made on the premises of the MPO or a subcontractor, the MPO shall provide or require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in a manner that will not unduly delay the work.C. The MPO agrees to maintain all books, documents, papers, computer generated files, accounting records, and other evidence pertaining to costs incurred and work performed under this Agreement, and shall make those materials available at its office during the time period covered and for four (4) years from the date of final payment under the UPWP. Those materials shall be made available during the specified period for inspection by the Department, the USDOT, and the Office of the Inspector General of the USDOT and any of their authorized representatives for the purpose of making audits, examinations, excerpts, and transcriptions.D. The state auditor may conduct an audit or investigation of any entity receiving funds from the Department directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an auditTPP & MPO Agreement Page 8 of 18 Revised 02/15/2012
  34. 34. Contract #_________________ Federal Highway Administration CFDA #___________________ Not Research and Development or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit under the State’s UGMS.Article 12. Work PerformanceAll work performed under this Agreement shall be carried out in a professional and orderlymanner, and the products authorized in the UPWP shall be accurate and exhibit highstandards of workmanship.Article 13. DisputesThe MPO shall be responsible for the settlement of all contractual and administrativeissues arising out of procurement entered into in support of work under this Agreement. Inthe event of a dispute between the Department and the MPO concerning the workperformed under this Agreement in support of the urban transportation planning process,the dispute shall be resolved through binding arbitration. Furthermore, the arbiter shall bemutually acceptable to the Department and the MPO.Article 14. Non-collusionThe MPO shall warrant that it has not employed or retained any company or person, otherthan a bona fide employee working for the MPO, to solicit or secure this Agreement, andthat it has not paid or agreed to pay any company or person, other than a bona fideemployee, any fee, commission, percentage, brokerage fee, gift, or any other considerationcontingent upon or resulting from the award or making of this Agreement. If the MPObreaches or violates this warranty, the Department shall have the right to annul thisAgreement without liability or, in its discretion, to deduct from the agreement price orconsideration, or otherwise recover the full amount of the fee, commission, brokerage fee,gift, or contingent fee.Article 15. SubcontractsA. Any subcontract for services rendered by individuals or organizations not a part of the MPO’s organization shall not be executed without prior authorization and approval of the subcontract by the Department and, when federal funds are involved, the USDOT. All work in the subcontract is subject to the State’s UGMS. If the work for the subcontract is authorized in the current approved UPWP, and if the MPO’s procurement procedures for negotiated contracts have been approved by the Department either directly or through self-certification by the MPO, the subcontract shall be deemed to be authorized and approved, provided that the subcontract includes all provisions required by the Department and the USDOT.B. Subcontracts in excess of $25,000 shall contain all required provisions of this Agreement.C. No subcontract will relieve the MPO of its responsibility under this Agreement.TPP & MPO Agreement Page 9 of 18 Revised 02/15/2012
  35. 35. Contract #_________________ Federal Highway Administration CFDA #___________________ Not Research and DevelopmentArticle 16. TerminationA. The Department may terminate this Agreement at any time before the date of completion if the Governor withdraws his designation of the MPO. The Department or the MPO may seek termination of this Agreement pursuant to Article 13 (Disputes) if either party fails to comply with the conditions of this Agreement. The Department or the MPO shall give written notice to all parties at least ninety (90) days prior to the effective date of termination and specify the effective date of termination.B. The Department may terminate this Agreement for reasons of its own, subject to agreement by the MPO.C. The parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the parties shall agree upon the termination conditions.D. Upon termination of this Agreement, whether for cause or at the convenience of the parties, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc., prepared by the MPO shall, at the option of the Department, be delivered to the Department.E. The Department shall reimburse the MPO for those eligible expenses incurred during this Agreement period that are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The MPO shall not incur new obligations for the terminated portion after the effective date of termination.Article 17. Force MajeureExcept with respect to defaults of subcontractors, the MPO shall not be in default byreason of failure in performance of this Agreement in accordance with its terms (includingany failure by the MPO to progress in the performance of the work) if that failure arises outof causes beyond the control and without the default or negligence of the MPO. Thosecauses may include but are not limited to acts of God or of the public enemy, fires, floods,epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severeweather. In every case, however, the failure to perform must be beyond the control andwithout the fault or negligence of the MPO.Article 18. RemediesA. Violation or breach of agreement terms by the MPO shall be grounds for termination of this Agreement. Any costs incurred by the Department arising from the termination of this Agreement shall be paid by the MPO.B. This Agreement shall not be considered as specifying the exclusive remedy for any dispute, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative.Article 19. GratuitiesA. Employees of the Department or the MPO shall not accept any benefits, gifts, or favors from any person doing business with, or who may do business with the Department or the MPO under this Agreement.TPP & MPO Agreement Page 10 of 18 Revised 02/15/2012

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