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June 18, 2013 Agenda packet

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June 18, 2013 Agenda packet

  1. 1. City Council Agenda Page 1 of 5 June 18, 2013NOTICE OF A PUBLIC MEETINGAN AGENDA OF A REGULAR MEETING OF THE CITY COUNCILTHE CITY OF SAN ANGELO, TEXAS9:00 A.M. - Tuesday, June 18, 2013McNease Convention Center, South Meeting Room500 Rio Concho DriveSan Angelo, TX 76903THE 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 208, 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 OrderB. Prayer and PledgeC. Proclamation“Small Business Week”, week of June 17-21, 2013, to be accepted by Dave Erickson, Small BusinessDevelopment Center DirectorD. Recognitions“Monte Maxwell”, Organist, United States Naval Academy, Performing at the First Christian Church,Thursday, June 20, 2014 at 7:00 p.m.Texas Association of Municipal Information Officers State Conference on June 7 awarded to the PublicInformation Office for Best Use of Social Media, 2ndPlace, and Best Media Relations, 3rdPlaceE. Public CommentThe Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agendaitem will be taken at its appropriate discussion. Public input on an item not on the Agenda or ConsentAgenda may be identified and requested for consideration by the Council at this time. The Council mayrequest an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the RegularAgenda for public comment.II. CONSENT AGENDA1. Consideration of approving the June 4, 2013 City Council Regular meeting minutes2. Consideration of adopting a Resolution authorizing the City Manager to execute a contract withthe San Angelo Cultural Affairs Council (SACAC) for the provision of programs whichencourage, develop, promote and improve educational and cultural opportunities in thecommunity, provide programs which encourage participation and appreciation of the arts, andprovide for the administration of subgrants to qualifying organizations, through funding allocated
  2. 2. City Council Agenda Page 2 of 5 June 18, 2013from city hotel occupancy tax revenue; and providing for an effective date (submitted by AssistantCity Manager/Chief Financial Officer Michael Dane)3. Consideration of adopting a Resolution authorizing applicant, Specialty Sports, Inc., DBA Ski SkellerSports, to hold a special event at Lake Nasworthy known as “Wake the Desert”; permitting specifiedactivities; imposing requirements on applicant; and granting variances relating to rules and regulationsof Lake Nasworthy, Park Ordinances and the City’s Noise Ordinance (Submitted by Civic EventsManager Angelica Pena)4. Consideration of approving a Recreational or Agricultural Lease Agreement (Price) for 2.616 acres ofland located adjacent to the lake or river and authorizing the City Manager or Water Utilities Directorto execute the same (submitted by Water Utilities Director Ricky Dickson)5. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”(Zoning Ordinance) of the Code of Ordinances, City of San AngeloZ13-17: P.V. McMinn, Jr.AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTSZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: An unaddressed 1 acre tract, located at the northwest corner ofthe intersection of West Beauregard Avenue and Moritz Circle. This property specifically occupies theClar-Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo, changing the zoningclassification from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and TownhouseResidential (RS-3) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY6. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”(Zoning Ordinance) of the Code of Ordinances, City of San AngeloZ 13-18: Loren EdwardsAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTSZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 4398 Jackrabbit Trail; located approximately 1,390 feetsoutheast from the intersection at Jackrabbit Trail and South Chadbourne Street; property specificallyoccupies the Concho River Estates, 2.4170 Acres in Tract 19-B, south central San Angelo, changingthe zoning classification from a Ranch & Estate (R&E) to a Heavy Commercial (CH) District;PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY7. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”(Zoning Ordinance) of the Code of Ordinances, City of San AngeloZ 13-12: NE Interests- Charlie NicholasAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTSZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: An unaddressed tract of land; specifically occupying 15.00acres of land out of the Deaf & Dumb Asylum Lands Survey 2, Abstract 82. This property occupies aproposed Final Plat of the Boulevard San Angelo, Section 2, Block D, Lot 1 in far southwest SanAngelo, changing the zoning classification from a Ranch & Estate (R&E) to a High Rise MultifamilyResidential (RM-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
  3. 3. City Council Agenda Page 3 of 5 June 18, 20138. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”(Zoning Ordinance) of the Code of Ordinances, City of San AngeloZ13-16: OK Holdings, LLCAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTSZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: An unaddressed 5 acre tract, located approximately 900 feetnorthwest of the intersection of Link Road and Christoval Road. This property specifically occupiesthe Concho River Estates, proposed Lot 35B, in southern San Angelo, changing the zoningclassification from Heavy Commercial (CH) to Office Warehouse (OW) District; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTY9. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”(Zoning Ordinance) of the Code of Ordinances, City of San AngeloZ 13-19: Rocky SpoontsAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTSZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 815 South Abe Street, located on the northwest corner of theintersection of South Abe Street and West Washington Avenue. This property specifically occupiesthe Park Heights addition, Block 16, east 145 feet of lots 9-10, and the south 37 feet of the east 145feet of Lot 8 in central San Angelo, changing the zoning classification from Low Rise Multi-FamilyResidential (RM-1) to Office Commercial (CO) District; PROVIDING FOR SEVERABILITY ANDPROVIDING A PENALTY10. Second Hearing and consideration of adopting an Ordinance authorizing abandonment of public right-of-way for Ellis Street extending approximately 315’ east/westward between Blocks 5 & 6 of theEastland Heights Addition, immediately adjacent to property owned by a railroad company in northcentral San AngeloAN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THEFOLLOWING STREET SEGMENT, TO WIT: An approximately 42’ wide portion of the unimprovedpublic right-of-way for Ellis Street, extending approximately 315’ eastward between Blocks 5 & 6 ofthe Eastland Heights Addition, immediately adjacent to property owned by a railroad company innorth central San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTINGPROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OFABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTEAND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERSIII. REGULAR AGENDA:F. EXECUTIVE/CLOSED SESSIONExecutive Session under the provision of Government Code, Title 5. Open Government; Ethics, SubtitleA. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement thatMeetings be Open under the following sections:• Section 551.072 to deliberate the purchase, exchange, lease, or value of real property• Section 551.071(2) to consult with attorney on a matter in which the duty of the attorney to thegovernmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar ofTexas clearly conflicts with this chapter
  4. 4. City Council Agenda Page 4 of 5 June 18, 2013G. PUBLIC HEARING AND COMMENT11. Consideration of adopting a Resolution authorizing the renaming “Rio Vista Park” located at the 2700block of Ben Ficklin Road as “Jaime Padron Memorial Park”, in honor of Jaime Padron, pursuant tothe recommendation of the City of San Angelo Parks and Recreation Advisory Board(Presentation by Parks and Recreation Director Carl White)12. Consideration of approving an amendment to Vision Plan Component of the San AngeloComprehensive Plan update adopted in 2009, specifically properties situated south and east from theintersection of Dan Hanks Lane and South Chadbourne Street and extending eastward on the southside of South Chadbourne Street, continuing to Old Eola Road, then southwards along South Loop306, encompassing the existing city limits and properties situated just outside the current city limits inthe far southeast portion of San Angelo(Presentation by Interim Senior Planner Jeff Hintz)13. Public Hearing to receive public comments for and against annexation of certain properties situatedimmediately west/southwest of San Angelo and encompassing a vacant 24.484 acre tract extendingnorthwest from Mills Pass Drive, and located directly west of an 8.995 acre tract annexed to the CityLimits on March 5, 2013 that comprises the proposed Prestonwood Addition, Section Two(Presentation by Interim Director of Development Services AJ Fawver)14. Public Hearing to receive citizen input on requested projects to be considered for funding with GrantYear 2013 Community Development Block Grant and HOME Investment Partnerships Grant fundsfrom the U.S. Department of Housing and Urban Development and discussion and deliberation onfunding allocations for said funds(Presentation by Neighborhood and Family Services Director Bob Salas)15. Discussion on City of San Angelo Code of Ordinances Sec. 8.105: Noise From a Motor Vehicleregarding enforcement measures of loud stereo music emitting from vehicles(Requested by Councilmember Silvas and presentation by Police Chief Tim Vasquez)16. Discussion and possible action regarding the Fiscal Year 2013-2014 Budget preparation(Presentation by Budget Manager Morgan Chegwidden)17. Update and presentation regarding the Hickory Aquifer Water Supply Project(Presentation by Water Utilities Director Ricky Dickson)18. Update and presentation regarding the status and progress of the Housing Committee andsubcommittees in reference to Multi-Family Living, Single Family Living, and Temporary Housing inthe form of Campgrounds/RV Parks and Extended Stay situations as directed by City Council at theApril 2, 2013 Joint Session with the Planning Commission(Presentation by City Manager Daniel Valenzuela and Assistant City Manager/Chief Financial OfficerMichael Dane)H. FOLLOW UP AND ADMINISTRATIVE ISSUES19. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed20. Consideration of approving a Board nomination by Council and designated Councilmember:a. Planning Commission: Mark Crisp (SMD2) to an unexpired January 201421. Announcements and consideration of Future Agenda ItemsSpecial City Council Meeting on June 25, 2013 at 9:00 A.M.
  5. 5. City Council Agenda Page 5 of 5 June 18, 201322. AdjournmentThe City Council reserves the right to consider business out of the posted order, and at any time during themeeting, reserves the right to adjourn into executive session on any of the above posted agenda items whichare not listed as executive session items and which qualify to be discussed in closed session under Chapter 551of the Texas Government Code.Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter551, Tuesday, June 11, 2013, at 5:00 P.M./s/________________________Alicia Ramirez, City Clerk
  6. 6. For immediate releaseJune 12, 2013City’s Public Information Officewins 2 statewide awardsThe City of San Angelo’s Public Information Office won two statewide awards for its useof social media and its working relationship with the media at the annual conference ofthe Texas Association of Municipal Information Officers on June 7.San Angelo garnered a second-place trophy for Best Use of Social Media, finishingbehind the City of Austin’s Twitter feed, and a third-place award for Best MediaRelations, topped by only Austin and Temple.“Brian Groves, our multimedia coordinator, and I were pleased to be recognized by ourpeers statewide,” Public Information Officer Anthony Wilson said. “Even more excitingwere the many ideas we returned home with regarding how we can better and moreproactively communicate with our citizens.”The City Council will recognize the achievement at its June 18 meeting.Social media has increasingly become an important communication tool for the City ofSan Angelo, which has a Facebook page (facebook.com/CityofSanAngeloTexas) withmore than 7,800 followers, a Twitter account (@CityofSanAngelo) with nearly 1,500followers, and a YouTube channel (youtube.com/CityofSanAngeloTx) with more than410,000 views. San Angelo’s Facebook following is greater than that of the cities ofAustin, Dallas, Fort Worth, El Paso and Arlington.The City’s Public Information Office has managed to cultivate its social media followingwith only two employees – one of the smallest staffs represented at the TAMIOconference.TAMIO’s awards competition attracted more than 180 entries across 24 categories. Anaffiliate of the Texas Municipal League, TAMIO provides professional development forpublic information officers and promotes an active cooperation and an exchange ofinformation and ideas among its membership.###Public Information DivisionAnthony Wilson, Public Information Officer72 W. College Ave. Office: 325.481.2727 Cell: 325.234.0014anthony.wilson@cosatx.us
  7. 7. P R O C L A M A T I O NWHEREAS, Monte Maxwell, Chapel Organist, Director of Chapel Music andthe Midshipmen Symphony Orchestra, began his service at theUnited States Naval Academy in 1997; andWHEREAS, Mr. Maxwell, a native of San Angelo, Texas, earned his Bachelorof Music Degree from Texas Christian University, Fort Worth,studying with Emmet G. Smith; then invited to study at the CurtisInstitute of Music with John Weaver where he received an ArtistDiploma, Curtis highest degree; and earned his Master of MusicDegree from the Juilliard School of Music in New York City, alsostudying with John Weaver; and while studying in Philadelphia,Mr. Maxwell was an Associate Organist at the John WanamakerStore, playing the famed six-manual organ, the largest playingorgan in the world; andWHEREAS, At the Naval Academy, Mr. Maxwell serves as the principalorganist for the Protestant and Catholic services as well asplaying for weddings, memorial services, funerals, andperformances throughout the year; andWHEREAS, Mr. Maxwell will be performing at the First Christian Church onThursday, June 20, 2013, at 7:00 P.M.NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalfof the City Council, do hereby recognize and applaud“Monte Maxwell”for his dedicated commitment and offering of artistic gift to all of San Angelo and thesurrounding community.IN WITNESS WHEREOF, I have hereuntoset my hand and caused the Seal of the City tobe affixed this 20thday of June, 2013.THE CITY OF SAN ANGELO___________________________Charlotte FarmerMayor Pro Tempore
  8. 8. PROCLAMATIONWHEREAS, Small business owners are dynamic people with new innovations and ideasbuilding America’s future. There are approximately 27.9 million small businessesin America today, which have created up to 64% of net new jobs in the country,make up 98% of all U.S. exporters, and with their innovation, creativity andability to bring new products to market quickly, small businesses are theshowstoppers of the national economy; andWHEREAS, Small businesses make a tremendous contribution to our nation’s economic well-being and overall quality of life. Small businesses, which represent about half of theprivate-sector economy and more than 99 percent of all businesses, were at the core ofexpansion, which saw output, business income, and profits rise while businessbankruptcies and unemployment declined. The San Angelo small businesscommunity continues to help strengthen the overall economy, and provide jobopportunities; andWHEREAS, “National Small Business Week 2013” provides an opportunity to recognizeexcellence in entrepreneurship and to salute and honor the accomplishments ofsmall business owners.NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of theCity Council, do hereby proclaim the week of June 17-21, 2013 as“SMALL BUSINESS WEEK”throughout the City, and urge all citizens to join in saluting all of our City’s small businessowners, while acknowledging that our nation’s economic engines are fueled by the hard work,determination and ingenuity of America’s entrepreneurs.IN WITNESS WHEREOF, I havehereunto set my hand and caused theSeal of the City to be affixed this18thday of June, 2013.THE CITY OF SAN ANGELO______________________________Charlotte FarmerMayor Pro Tempore
  9. 9. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 565Tuesday, June 4, 2013 Vol. 104OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:02 A.M., Tuesday, June 4, 2013, inthe San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorizedmembers of the Council, to-wit:Mayor, Alvin NewCouncilmember Paul AlexanderCouncilmember Marty SelfCouncilmember Johnny SilvasCouncilmember Don VardemanCouncilmember Kendall HirschfeldCouncilmember Charlotte Farmerwere present and acting, thus constituting a quorum. Whereupon, the following business was transacted:An invocation was given by Councilmember Farmer and pledge was led by Hannah Robinson, 5thGrader atCornerstone Christian School.PROCLAMATIONS AND RECOGNITIONSMr. & Mrs. Bennie Jackson, July 13, 2013, 50th Wedding Anniversary, will be presented to Mrs. BennieJackson.The City of San Angelo Finance/Budget Division for receiving the Government Finance Officers Association’s(GFOA) Distinguished Budget Presentation Award, to be accepted by Budget Manager Morgan Chegwidden,and Senior Budget Analyst Laura Brooks.PUBLIC COMMENTPublic comments were made by Citizen Jim Turner regarding the City’s website address and related changes.He also expressed his concerns on how information is released and displayed to the public.CONSENT AGENDAAPPROVAL OF THE MAY 21, 2013 CITY COUNCIL REGULAR MEETING MINUTESAWARD OF BID(S) AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARYRELATED DOCUMENTS:TR-01-13: Traffic Signs and Blanks; Vulcan Signs (Foley, AL) primary supplier, and Safeway Signs(Adelanto, CA) or Pathmark Traffic Products (San Marcos, TX) alternate suppliers, $35,000.00VM-05-13: Auto Body Repair Service; Santellano’s Collision, Pardner’s Body Shop, Shirley Auto Repair,Hargraves’ Truck and Equipment, J&T’s Welding, and Century Trailer (all from San Angelo, TX); $75,000.00WU-11-13: Water Utilities Inventory Supplies, Benmark Supply (Midland, TX), HD SupplyWaterworks (SanAngelo, TX), Morrison Supply(San Angelo, TX), and Western Industrial Supply(Odessa, TX), Various QuotesCONSIDERATION OF AWARDING BID ES-02-13 FOR THE 2013 MILL & OVERLAY PROJECT TOREECE ALBERT, INC. (SAN ANGELO, TX), IN SUBSTANTIALLY THE ATTACHED FORM, IN THE
  10. 10. Page 566 MinutesVol. 104 June 4, 2013AMOUNT OF $1,319,556.23, AND AUTHORIZING THE CITY MANAGER TO EXECUTE RELATEDDOCUMENTS (DISCUSSED IN REGULAR AGENDA)ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A TAX-RESALE(QUITCLAIM) DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SANANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAX FORECLOSUREJUDGMENT OR TAX WARRANT: (Page 575, #2013-06-082)28 W 13th Street, (Jones), Lot 14 & W 25 of 15, Block 61, Miles Addition, $4,200, Suit No. B-99-0038-TNext to 2002 Brown Street, (Orona), N 75’ of Lot 11, Block 2, Home Acres, $1,200, Suit No. B-07-0113-T21 W 9th Street, (DeLaughter), Lot 6, Block 30, Miles, $1,500, Suit No. B-96-0220-T25 W 9th Street, (DeLaughter), Lot 7, Block 30, Miles, $1,500, Suit No. B-96-0203-TADOPTION OF A RESOLUTION RATIFYING THE APPLICATION AND CONTRACT FOR, ANDACCEPTING, IF AWARDED, ADDITIONAL FY2014 TEXAS DEPARTMENT OF STATE HEALTHSERVICES, REGIONAL LOCAL SERVICES SYSTEM (RLSS)/LOCAL PUBLIC HEALTH SERVICES(LPHS) GRANT FUNDS IN THE AMOUNT OF $20,000.00, TO ADDRESS PUBLIC HEALTHIMMUNIZATION AND DISEASE PREVENTION ACTIVITIES AND SERVICES (Page 577, #2013-06-083)ADOPTION OF A RESOLUTION AUTHORIZING THE RELEASE OF AN EAST/WEST RUNNINGUTILITY EASEMENT IN THE BLUFFS ADDITION, THIRD REPLAT IN SECTION 28, BLOCK 44,TRACT H, BEING LOT 1A IN SOUTHWEST SAN ANGELO (Page 579, #2013-06-084)CONSIDERATION OF APPROVING THE PARKS AND RECREATION ADVISORY BOARD’SRECOMMENDATION TO WAIVE FEES FOR THE TEXAS WEST LITTLE LEAGUE STATETOURNAMENT, JULY 5-7, 2013 AND JULY 18-21, 2013 AT THE TEXAS BANK SPORTS COMPLEX.(DISCUSSED IN REGULAR AGENDA)APPROVAL OF VARIANCES TO THE CITY CODE FOR THE 7THANNUAL DRAG BOAT RACES ONJUNE 21-23, 2013, AT LAKE NASWORTHYADOPTION OF A RESOLUTION BY THE CITY OF SAN ANGLEO, TEXAS (“CITY”), APPROVINGAND ADOPTING RATE SCHEDULE “RRM – RATE REVIEW MECHANISM” FOR ATMOS ENERGYCORPORATION, MID-TEX DIVISION TO BE IN FORCE IN THE CITY FOR A PERIOD OF TIME ASSPECIFIED IN THE RATE SCHEDULE; ADOPTING A SAVINGS CLAUSE; DETERMINING THATTHIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXASOPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; MAKING OTHER FINDINGS ANDPROVISIONS RELATED TO THE SUBJECT; AND REQUIRING DELIVERY OF THIS RESOLUTION TOTHE COMPANY (Page 581, #2013-06-085)ADOPTION OF A RESOLUTION APPOINTING ELECTION OFFICIALS FOR THE RUNOFF ELECTIONTO BE HELD ON JUNE 15, 2013; AND PROVIDING FOR AN EFFECTIVE DATE (Page 585, #2013-06-086)SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2012-2013 BUDGETFOR GRANTS, NEW PROJECTS AND INCOMPLETE PROJECTS (Page 589, #2013-06-087)AN 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,INCOMPLETE PROJECTS, CAPITAL PROJECTS, AND GRANTS
  11. 11. Minutes Page 567June 4, 2013 Vol. 104Motion, to approve the Consent Agenda, as presented, with the exception of BID ES-02-13 and Parks andRecreation Advisory Board’s Recommendation, was made by Councilmember Hirschfeld and seconded byCouncilmember Farmer. Motion carried unanimously.REGULAR AGENDA: PUBLIC HEARING AND COMMENTAWARD OF BID ES-02-13 FOR THE 2013 MILL & OVERLAY PROJECT TO REECE ALBERT, INC.(SAN ANGELO, TX), IN SUBSTANTIALLY THE ATTACHED FORM, IN THE AMOUNT OF$1,319,556.23, AND AUTHORIZING THE CITY MANAGER TO EXECUTE RELATED DOCUMENTSInterim City Engineer Tim Wolff presented background information and explained the mill and overlayprocessand named the streets considered under the bid project.Motion, to award the bid, as presented, was made by Councilmember Alexander and seconded byCouncilmember Farmer. Motion carried unanimouslyDENIAL OF THE PARKS AND RECREATION ADVISORY BOARD’S RECOMMENDATION TOWAIVE FEES FOR THE TEXAS WEST LITTLE LEAGUE STATE TOURNAMENT, JULY 5-7, 2013 ANDJULY 18-21, 2013 AT THE TEXAS BANK SPORTS COMPLEX; AND DIRECTION FOR STAFF TOESTABLISH CRITERIA GUIDELINES FOR FUTURE REQUESTSRecreation Manager Maryann Vasquez presented background information and informed the variances werebased on economic impact in comparison to the fees that would be assessed. General discussion was held onthe economic impact of the event, the precedence may be created by this approval, the probabilityto continue tohost future tournaments, the possibly of offering sign-on bonuses for future tournaments, the profits to the entityafter receiving in-kind services, and forgoing the City’s percentage on the concessionaire services.Further discussion was held with Parks and Recreation Board Chairperson AJ Turner regarding the Conventionand Visitor’s Bureau Sports Board and their support of the proposal.City Manager Daniel Valenzuela suggested staff establish a criterion for future requests.Motion, to approve the recommendation for $14,618.75, as presented, was made byCouncilmember Silvas andseconded by Councilmember Hirschfeld. AYE: Silvas and Hirschfeld. NAY: New, Self, Alexander, andFarmer. Motion failed 2-4.Mayor New commented on the City’s investments on the complex, the need to generate revenue to support thevenue, setting a negative precedence, and establishing a set of guidelines on such requests.Responding to a question from Councilmember Silvas, Ms. Vasquez stated the tournament is set and posted ontheir website.Responding to a question from Councilmember Hirschfeld, Ms. Vasquez stated the agreed upon commitmentsincluded assistance with the mounds, number of motel rooms, number of volunteers to work tournament, vendorfee (CVB money), and concessions. He recommended approving what was negotiated.Ms. Vasquez informed the following was not included in initial negotiations:Field rental = $3,493.75 17 fields of varying numbers over 4 days)Field Services = 4,800.00 4 people x $20/hour x 60 hours)Gate Fees = $2400.00 If gate is charged; fees applicable 4 gates x $150 x 4 days20% Concessions RevenueRestroom Service = $525.00 1 person at $15/hour x 35 hours) request exclusion of this item.Responding to a question from Councilmember Farmer, Ms. Vasquez stated the street closure was requesteddue to tournament sponsors charging for parking, including two uniformed police officers on staff. Mr. Turneradded medical personnel would also be available on site.
  12. 12. Page 568 MinutesVol. 104 June 4, 2013Mayor New recalled Council’s prior discussion to provide assistance on a first time event; however, the Cityhasnot secured a future event with the applicant. Therefore, he suggested establishing a criteria or policyto providefuture subsidy assistance.Motion, to approve ½ of the requested assistance, was made by Councilmember Farmer. Motion failed due tolack of a second.Motion, to approve the requested cash assistance up to $3500.00 as a sign-on bonus contingent on the applicantreturning next year, was made by Councilmember Alexander. Motion failed due to lack of a second.Responding to a question by Councilmember Farmer, Mr. Roger Havlak stated a city representative will beavailable to ensure the fields are prepared according to the City’s standards.Parks and Recreation Director Carl White recommended the City provide the in-kind support, and the applicantcan pay for the field rental, field services, gate fees, and restroom service. He informed the applicant willreceive all of the revenue generated from the tournament.Responding to a question from Councilmember Self, Mr. Turner stated this is the first year for the City to hostthis even and the applicant is seeking a home for future tournaments. He noted once the first year is establishedand income and expenses are calculated, then a better forecast would be available for hosting entity to commitor sign a 3 to 5 year contract.Motion, to approve, as presented, was made by Councilmember Silvas. Motion failed due to the lack of asecond.Motion, to approve, as presented, with the exception of the 20% commission from the concessionaire, and if theapplicant agrees to return next year, then the applicant will receive the 20% as a sign-on bonus, was made byCouncilmember Self and seconded by Councilmember Alexander.Councilmember Hirschfeld remarked approval of the request requires more long-term planning by staff andexpressed interested in seeing the development of this endeavor.Further discussion was held on the motion on the floor. Councilmember Alexander withdrew his second.Councilmember Silvas seconded.A vote was taken on the motion on the floor. AYE: Silvas and Self. NAY: New, Alexander, Hirschfeld, andFarmer. Motion failed 2-4.In conclusion, Mayor New suggested staff establish criterion to address future requests and present such at afuture meeting.RECESSAt 9:58 A.M., Mayor New called a recess.RECONVENEAt 10:10 A.M., Council reconvened, and the following business was transacted:APPROVAL OF THE RENEWAL OF RESIDENTIAL LEASES FOR THE FOLLOWING PROPERTIESAND AUTHORIZING THE MAYOR, CITY MANAGER, OR WATER UTILITIES DIRECTOR TOEXECUTE ALL NECESSARY LEGAL DOCUMENTS PERTAINING TO THE LEASE RENEWAL:Lot 19, Group 2, 2029 American Legion Road (Simpson)Lot 1, Group 16, 2262 Joy Road (Furlong)Water Utilities Director Ricky Dickson presented background information.General discussion held on the requirements by the financing institutions, the ordinance language regarding therent escalation based on appraised market value after the time period elapses, the annual rent shall equal theappraised market value of land multiplied by a factor of 0.08.
  13. 13. Minutes Page 569June 4, 2013 Vol. 104Motion, to approve the renewals, as presented, was made by Councilmember Silvas and seconded byCouncilmember Hirschfeld. Motion carried unanimously.ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ASUPPLEMENTAL LEASE AGREEMENT EXTENDING THE TERM OF A LEASE WITH THE U.S.DEPARTMENT OF HOMELAND SECURITY IMMIGRATION AND CUSTOMS ENFORCEMENT ASLESSEE, OF CERTAIN PROPERTY LOCATED AT 5575 STEWART LANE, SAN ANGELO REGIONALAIRPORT – MATHIS FIELD (AIRPORT) (Page 593, #2013-06-088)Airport Director Luis Elguezabal presented background information.Motion, to adopt the Resolution, as presented, was made by Councilmember Farmer and seconded byCouncilmember Hirschfeld. Motion carried unanimously.TABLING OF AN AMENDMENT TO VISION PLAN COMPONENT OF THE SAN ANGELOCOMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, SPECIFICALLY PROPERTIES SITUATEDSOUTH AND EAST FROM THE INTERSECTION OF DAN HANKS LANE AND SOUTHCHADBOURNE STREET AND EXTENDING EASTWARD ON THE SOUTH SIDE OF SOUTHCHADBOURNE STREET, CONTINUING TO OLD EOLA ROAD, THEN SOUTHWARDS ALONGSOUTH LOOP 306, ENCOMPASSING THE EXISTING CITY LIMITS AND PROPERTIES SITUATEDJUST OUTSIDE THE CURRENT CITY LIMITS IN THE FAR SOUTHEAST PORTION OF SAN ANGELOInterim Senior Planner Jeff Hintz noted the proponent requested the item be postponed to a future meeting.Motion, to table the item, was made byCouncilmember Farmer and Councilmember Hirschfeld. Motion carriedunanimouslyFIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ13-17: P.V. McMinn, Jr.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: An unaddressed 1 acre tract, located at the northwest corner of theintersection of West Beauregard Avenue and Moritz Circle. This property specifically occupies the Clar-MorHeights Addition, Block 1, Lots 4 - 6, in southwest San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and Townhouse Residential (RS-3) District;PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYInterim Senior Planner Jeff Hintz presented background information. A copy of the report/presentation is partof the Permanent Supplemental Record.General discussion was held on the drainage of the area and staff’s process to follow up on letters of opposition.Motion, to introduce the Ordinance, as presented, was made by Councilmember Farmer and seconded byCouncilmember Silvas. 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 13-18: Loren EdwardsAN 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 A
  14. 14. Page 570 MinutesVol. 104 June 4, 2013COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 4398 Jackrabbit Trail; located approximately 1,390 feet southeast fromthe intersection at Jackrabbit Trail and South Chadbourne Street; property specifically occupies the ConchoRiver Estates, 2.4170 Acres in Tract 19-B, south central San Angelo, changing the zoning classification from aRanch & Estate (R&E) to a Heavy Commercial (CH) District; PROVIDING FOR SEVERABILITY ANDPROVIDING A PENALTYInterim Senior Planner Jeff Hintz presented background information. A copy of the report/presentation is partof the Permanent Supplemental Record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Silvas. 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 13-12: NE Interests- Charlie NicholasAN 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: An unaddressed tract of land; specificallyoccupying 15.00 acres of landout of the Deaf & Dumb Asylum Lands Survey 2, Abstract 82. This property occupies a proposed Final Plat ofthe Boulevard San Angelo, Section 2, Block D, Lot 1 in far southwest San Angelo, changing the zoningclassification from a Ranch & Estate (R&E) to a High Rise Multifamily Residential (RM-2) District;PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYInterim Director of Development Services AJ Fawver presented background information. A copy of thereport/presentation is part of the Permanent Supplemental Record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Farmer. 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 ANGELOZ13-16: OK Holdings, LLCAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: An unaddressed 5 acre tract, located approximately 900 feet northwestof the intersection of Link Road and Christoval Road. This property specifically occupies the Concho RiverEstates, proposed Lot 35B, in southern San Angelo, changing the zoning classification from HeavyCommercial(CH) to Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING APENALTYInterim Director of Development Services AJ Fawver presented background information. A copy of thereport/presentation is part of the Permanent Supplemental Record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Farmer.General discussion was held on the property in relation to the city limits.A vote was taken on the motion on the floor. Motion carried unanimously.
  15. 15. Minutes Page 571June 4, 2013 Vol. 104FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ 13-19: Rocky SpoontsAN 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: 815 South Abe Street, located on the northwest corner of theintersection of South Abe Street and West Washington Avenue. This property specifically occupies the ParkHeights addition, Block 16, east 145 feet of lots 9-10, and the south 37 feet of the east 145 feet of Lot 8 incentral San Angelo, changing the zoning classification from Low Rise Multi-Family Residential (RM-1) toOffice Commercial (CO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYInterim Director of Development Services AJ Fawver presented background information. A copy of thereport/presentation is part of the Permanent Supplemental Record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Farmer and seconded byCouncilmember Hirschfeld.General discussion was made on the historic designation of the building noting the area was not officiallydesignated as such. Ms. Fawver informed the proponent was made aware of the designation issue.A vote was taken on the motion on the floor. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AUTHORIZINGABANDONMENT OF PUBLIC RIGHT-OF-WAY FOR ELLIS STREET EXTENDING APPROXIMATELY315’ EAST/WESTWARD BETWEEN BLOCKS 5 & 6 OF THE EASTLAND HEIGHTS ADDITION,IMMEDIATELY ADJACENT TO PROPERTY OWNED BY A RAILROAD COMPANY IN NORTHCENTRAL SAN ANGELOAN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWINGSTREET SEGMENT, TO WIT: An approximately 42’ wide portion of the unimproved public right-of-wayforEllis Street, extending approximately 315’ eastward between Blocks 5 & 6 of the Eastland Heights Addition,immediately adjacent to property owned by a railroad company in north central San Angelo; AUTHORIZINGTHE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THETERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THEMAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTYOWNERSInterim Director of Development Services AJ Fawver presented background information. A copy of thereport/presentation is part of the Permanent Supplemental Record.Motion, to introduce the Ordinance, was made by Councilmember Hirschfeld and seconded byCouncilmemberFarmer.General discussion was held on the future use of the property as a salvage yard and the fact that there was noopposition by nearby residences to the future use of the property.Public comment was made Citizen Sally Ayana.A vote was taken on the motion on the floor. Motion carried unanimously.FIRST PUBLIC HEARING REGARDING PUBLIC COMMENTS FOR OR AGAINST THE ANNEXING(TO SAN ANGELO’S CITY LIMITS) OF CERTAIN PROPERTIES SITUATED IMMEDIATELYWEST/SOUTHWEST OF SAN ANGELO AND ENCOMPASSING A VACANT 24.484 ACRE TRACTEXTENDING NORTHWEST FROM MILLS PASS DRIVE, AND LOCATED DIRECTLY WEST OF AN
  16. 16. Page 572 MinutesVol. 104 June 4, 20138.995 ACRE TRACT ANNEXED TO THE CITY LIMITS ON MARCH 5, 2013 THAT COMPRISES THEPROPOSED PRESTONWOOD ADDITION, SECTION TWOInterim Director of Development Services AJ Fawver presented background information noting staff wasseeking public comment for or against the annexation of the property. A copy of the report/presentation is partof the Permanent Supplemental Record.Mayor New opened the floor to hear public comment. No comments were made. Mayor New closed the publiccomment period.APPROVAL OF A PETITION FOR A VARIANCE UNDER SEC. 11.204 (B), FROM THEREQUIREMENTS OF SEC.11.203 (E) WATER SUPPLY STAGE - DROUGHT LEVEL II REGARDINGSECTION 2 (C) WATERING OF “NEW LANDSCAPE” SHALL NOT BE ALLOWED AS STATED INSECTION 11.202 FOR “NEW LANDSCAPE.” TO FARMERS DAUGHTERWater Utilities Director Ricky Dickson presented background information.Responding to a question by Councilmember Hirschfeld, Petitioner Tam Honaker described the location for thevariance between Guadalupe and Campus Streets and noted the petition, as stated, was to seek approval to waterwhat has already been planted.Motion, to approve the variance based on Code of Ordinance Section 11.204(2)(b) & (c), as presented, wasmade by Councilmember Alexander and seconded byCouncilmember Hirschfeld. Motion carried unanimously.TABLING OF DISCUSSION ON THE FISCAL YEAR 2012-2013 BUDGET AS IT RELATES TOAMBULANCE FEE REVENUEMotion, to table the item, was made by Councilmember Farmer and seconded by Councilmember Self.Councilmember Hirschfeld recommended discussing the item during the budget hearing in its entirety asopposed to individual departments.A vote was taken on the motion on the floor. AYE: New, Self, Silvas, Hirschfeld, and Farmer. NAY:Alexander. Motion carried 5-1.TABLING OF DISCUSSION ON CODE OF ORDINANCE SEC. 8.105: NOISE FROM A MOTORVEHICLE REGARDING ENFORCEMENT MEASURES OF LOUD STEREO MUSIC EMITTING FROMVEHICLESRequested by Councilmember Silvas, Council recommended tabling the item and that staff be available andpresent the item at a future agenda.General discussion was held on how to police the behavior.Public comment was made by Citizen Gary Gibbs regarding the enforcement of the ordinance and inquired howmany citations or warnings had been issued.RECESSAt 11:00 A.M., Mayor New called a recess.RECONVENEAt 11:17 A.M., Council reconvened, and the following business was transacted:EXECUTIVE/CLOSED SESSIONAt 11:17 A.M., Council convened in Executive Session under the provision of Government Code, Title 5. OpenGovernment; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions toRequirement that Meetings be Open, Section 551.071 to consult with attorney on a matter in which the duty of
  17. 17. Minutes Page 573June 4, 2013 Vol. 104the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the StateBar of Texas clearly conflicts with this chapter; Section 551.072 to deliberate the purchase, exchange, lease, orvalue of real property; and, Section 551.087 to discuss an offer of financial or other incentive to a company orcompanies with whom the City of San Angelo is conducting economic development negotiations and which theCity of San Angelo seeks to have, locate, stay or expand in San Angelo.RECESSAt 12:06 P.M., Mayor New called a recess.RECONVENEAt 12:11 P.M., Council reconvened, and the following business was transacted:FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONAPPROVAL OF THE RECOMMENDATION BY CITY OF SAN ANGELO DEVELOPMENTCORPORATION AUTHORIZING THE SALE OF PROPERTY AT THE INDUSTRIAL PARK TO SCOTTMEASUREMENT SERVICES INCORPORATED, FOR THE SALE OF 6 ACRES IN THE AMOUNT OF$17,500.00 PER ACREInterim Economic Development Director Bob Schneeman provided background information noting the offerwas made by Scott Measurement Services Incorporated and approved unanimously by the City of San AngeloDevelopment Corporation.Motion, to approve the recommendation by City of San Angelo Development Corporation authorizing the saleof property at the Industrial Park to Scott Measurement Services Incorporated, for the sale of 6 acres in theamount of $17,500.00 per acre, was made by Councilmember Self and seconded by Councilmember Silvas.Motion carried unanimously.ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMSCity Manager Daniel Valenzuela distributed the proposed June 18, 2013 Agenda and solicited Councilcomments and suggestions.Amendment to the Vision Plan Component itemCouncilmember Silvas commented on the safety/security factor regarding the numbering on resident mailboxesor incorrect numbers displayed on houses. Staff advised this is handled through the United Stated Post Office.Councilmember Hirschfeld requested an update on the Housing Subcommittee.Councilmember Farmer commented on the drainage lot between Christian Village and Big Lots. DanielValenzuela, City Manager suggested he, Mr. Dane and Mr. Wolff meet to discuss a resolution. Ms. Farmer alsorequested an update on Mr. Murry’s issues regarding Grape Creek Road and 43rdStreet.Mayor New announced he would not be present at the June 18thmeeting.Councilmember Farmer announced she would not be present at the June 25thspecial meeting.Councilmember Alexander requested an update on the use of golf carts on public streets and how such usecould be incorporated as special use guidelines within the ordinance at the next meeting.ADJOURNMENTMotion, to adjourn, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Motioncarried unanimously.The meeting adjourned at 12:19 P.M.
  18. 18. Page 574 MinutesVol. 104 June 4, 2013THE 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.)
  19. 19. A RESOLUTION OF THE CITY OF SAN ANGELO CITY COUNCILAUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACTWITH THE SAN ANGELO CULTURAL AFFAIRS COUNCIL (SACAC)FOR THE PROVISION OF PROGRAMS WHICH ENCOURAGE,DEVELOP, PROMOTE AND IMPROVE EDUCATIONAL ANDCULTURAL OPPORTUNITIES IN THE COMMUNITY, PROVIDEPROGRAMS WHICH ENCOURAGE PARTICIPATION ANDAPPRECIATION OF THE ARTS, AND PROVIDE FOR THEADMINISTRATION OF SUBGRANTS TO QUALIFYINGORGANIZATIONS, THROUGH FUNDING ALLOCATED FROM CITYHOTEL OCCUPANCY TAX REVENUE; AND PROVIDING FOR ANEFFECTIVE DATE.WHEREAS, the City recognizes that local government has an interest in encouraging,developing, and promoting the arts for citizens of the community of San Angelo; andWHEREAS, City is desirous of implementing a governmental program to foster suchdevelopment; andWHEREAS, City does not have a governmental department in a position to presentlyundertake the necessary steps to foster encouragement, promotion, improvement and application ofthe arts; andWHEREAS, City levies a tax upon hotel and motel occupancy within the City as authorizedby law for the encouragement, promotion, improvement, and application of the arts in the city; andWHEREAS, SACAC is an established agency whose mission is to encourage, develop,promote, and improve educational and cultural activities in San Angelo and the Concho Valley andemploys personnel and materials effective in such endeavors; andWHEREAS, City has determined that a contract between City and SACAC will allow City toeffectively meet the objectives of the governmental arts assistance program and that SACAC caneffectively supervise those programs which promote the arts and which are funded by said hotel andmotel occupancy tax; andWHEREAS, City has contracted with SACAC since 2008 to meet its objectives of thegovernmental arts assistance program by funding SACAC with five percent (5%) of its revenues fromthe Hotel Occupancy Tax, the term of the contract having expired on September 30, 2012;NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SANANGELO, TEXAS THAT:The City Manager is hereby authorized to execute the City of San Angelo and CulturalAffairs Council Contract with the San Angelo Cultural Affairs Council (SACAC) for a term of
  20. 20. two years, effective from October 1, 2012, and ending September 30, 2014, pursuant to whichSACAC will provide services to include programs which encourage, develop, promote, andimprove educational and cultural opportunities in the community; provide planning programswhich encourage participation and appreciation of the arts by all citizens of the area; andadminister subgrants to qualifying organizations with appropriate programs involving the arts.This resolution shall be effective from and after its adoption.PASSED and ADOPTED THIS DAY OF , 2013.CITY OF SAN ANGELO, TEXASATTEST:Alvin New, MayorAlicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORMMichael Dane Lysia H. BowlingAssistant City Manager/Chief Financial Officer City Attorney
  21. 21. Page 1 of 3City of San Angelo / San Angelo Cultural Affairs Council ContractCITY OF SAN ANGELO AND CULTURAL AFFAIRS COUNCIL CONTRACTSTATE OF TEXAS §COUNTY OF TOM GREEN §This Contract between the City of San Angelo, Texas, a municipal corporation(“City”) acting herein by and through its duly authorized Mayor, and the San Angelo CulturalAffairs Council, a non-profit corporation (“Council”), acting herein by and through its dulyauthorized President, is effective as of October 1, 2010.WHEREAS, City, a home rule municipal corporation duly incorporated and operatingunder the laws of the State of Texas and situated in Tom Green County, Texas, recognizes thatlocal government has an interest in encouraging, developing, and promoting the arts for citizensof the community of San Angelo; andWHEREAS, City is desirous of implementing a governmental program to foster suchdevelopment; andWHEREAS, City does not have a governmental department in a position to presentlyundertake the necessary steps to foster development of the arts; andWHEREAS, City levies a tax upon hotel and motel occupancy within the City asauthorized by law for the encouragement, promotion, improvement, and application of the arts inthe city; andWHEREAS, Council is an established agency whose mission is to encourage, develop,promote, and improve educational and cultural activities in San Angelo and the Concho Valleyand employs personnel and materials effective in such endeavors; andWHEREAS, City has determined that a contract between City and Council will allowCity to effectively meet the objectives of the governmental arts assistance program and thatCouncil can effectively supervise those programs which promote the arts and which are fundedby said hotel and motel occupancy tax;NOW THEREFORE, Council and City, in consideration of the mutual covenants andagreements herein contained do mutually agree as follows:1. Operation. Council hereby agrees to perform the following services in San Angelo,Texas, for City: provide programs which encourage, develop, promote, and improve educationaland cultural opportunities in the community; provide planning, coordinating, and promotionalservices to eligible organizations and groups; provide programs which encourage participationand appreciation of the arts by all citizens of the area; and administer subgrants to qualifyingorganizations with appropriate programs involving the arts.
  22. 22. 2. Budget. Council shall submit to the City Manager an annual operating budget for Councilfor the next city fiscal year based upon the estimated revenue to be paid to Council by City out ofthe Hotel and Motel Occupancy Tax and general fund as set out hereafter. Said budget shallreflect the proposed expenditures based upon estimated revenue, to be made by Council duringsaid fiscal year and the purposes for which said expenditures are to be made.3. Revenue. City agrees provide funding to Council from the Hotel and Motel OccupancyTax in accordance with the terms of the ordinance establishing said tax, adopted April 2, 2013,for operation of Council to manage or supervise programs and activities, to wit: Five Percent(5%) of the revenues distributed to the City from the Hotel and Motel Occupancy Tax.Payments to Council shall be made monthly as said tax is received by City.4. Use of Funds. It is expressly understood and agreed by City and Council that all fundsreceived from the Hotel and Motel Occupancy Tax that are paid to Council shall be used solelyfor the purposes of encouraging, promoting, and developing artistic and cultural programs forCity. The hotel occupancy tax revenue may be spent for day-to-day operations, supplies,salaries, office rental, travel expenses, and other administrative costs only if said administrativecosts are incurred directly in the encouragement, promotion, improvement, and application of thearts of the City. Council may expend hotel-motel tax revenue on subgrants, provided however,such subgrantee shall: make at least an annual report to the City Council of its expendituresfrom the subgrant and make records of these expenditures available for review of the CityCouncil or other person.5. Financial Records. Council shall maintain complete and accurate financial records of eachexpenditure of the hotel occupancy tax revenue made by Council and on request of the CityCouncil, the City Manager, or other person, shall make the records available for inspection andreview to the City Council or other person. Hotel and Motel Tax revenue shall be maintained ina separate account and shall not be commingled with any other revenue. The City Council may,upon reasonable notice, audit all books and records of Council.6. Independent Contractor. Council is hired and engaged as an independent contractor and isnot an officer, agent, or employee of City. This Contract is not intended to create a jointenterprise. There is no direct pecuniary purpose or profit motive, but rather the purpose of thisContract is to further the public good. Additionally, Council has the sole right to control andmanage its operations.7. Term. This Contract shall be for a two (2) year term, beginning from its effective dateOctober 1, 2012 and ending September 30, 2014, unless sooner terminated.8. Termination. It is understood and agreed that either party may terminate this Contract bygiving the other party notice in writing of said termination prior to 30 days of termination. Nofunds will be advanced to Council after notice of termination is given.9. Unspent Funds Returned. Upon termination of this Contract, the consideration paid byCity shall be prorated and returned to City.10. Assignment. This Contract is not subject to assignment without prior written consent of
  23. 23. the other party.11. Hold Harmless. Each party agrees to indemnify, save harmless, and defend the other fromany and all claims, causes of action, and damages of every kind arising from the operations ofthe other, its officers, agents, and employees, carried out in furtherance of this Contract.EXECUTED in duplicate originals this ____ day of __________, 2011.CITY OF SAN ANGELOBy:Daniel Valenzuela, City ManagerATTEST:Alicia Ramirez, City ClerkSAN ANGELO BOARD OF CULTURALAFFAIRS COUNCILBy:PresidentATTEST: Printed Name:SecretaryAPPROVED AS TO CONTENT APPROVED AS TO FORMMichael Dane Asst. City Manager/CFO Dan T. Saluri, Sr. Asst. City Attorney
  24. 24. City of San AngeloMemoDate: May 24, 2013To: Mayor and CouncilmembersFrom: Michael Dane, ACM/CFOSubject: Agenda Item for June 18, 2013 Council MeetingContact: Michael DaneCaption: Consent AgendaA RESOLUTION OF THE CITY OF SAN ANGELO CITY COUNCIL AUTHORIZINGTHE CITY MANAGER TO EXECUTE A CONTRACT WITH THE SAN ANGELOCULTURAL AFFAIRS COUNCIL (SACAC) FOR THE PROVISION OF PROGRAMSWHICH ENCOURAGE, DEVELOP, PROMOTE AND IMPROVE EDUCATIONAL ANDCULTURAL OPPORTUNITIES IN THE COMMUNITY, PROVIDE PROGRAMSWHICH ENCOURAGE PARTICIPATION AND APPRECIATION OF THE ARTS, ANDPROVIDE FOR THE ADMINISTRATION OF SUBGRANTS TO QUALIFYINGORGANIZATIONS, THROUGH FUNDING ALLOCATED FROM CITY HOTELOCCUPANCY TAX REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE.Summary: A contract with San Angelo Cultural Affairs Council needs to be executed in orderfor the SACAC to receive and expend Hotel Occupancy Tax (HOT) according to the Code ofOrdinances Section 5.8000 through September 30, 2014. Council approved an amendment to theHOT Ordinance on March 19, 2013, removing the exact allocation amounts thus allowing Councilmore discretion and flexibility to distribute funds. The renewal contract has been revised toinclude the language stating the exact percentage SACAC will receive (5%).History: The City of San Angelo levied the Hotel Occupancy Tax for the operation ofconvention facilities, the promotion of tourism, and the improvement of the arts. The SACACcontract satisfies the promotion of tourism and improvement of the arts criteria.Financial Impact: Fiscal year to date, $1,789,792 has been received from HOT receipts. SACACwill receive 5% of the total receipts on a monthly basis.Related Vision Item (if applicable): Financial VisionOther Information/Recommendation: Staff recommends approval to extend the terms of thecontract.Attachments: Contract and ResolutionPresentation: N/APublication: N/AReviewed by Service Area Director: Michael Dane, Finance
  25. 25. City of San AngeloMemoDate: March 5, 2012To: Mayor and CouncilmembersFrom: Carl White, Parks and Recreation DirectorSubject: Agenda Item for June 4, 2013 Council MeetingCaption: Consent Agenda ItemConsideration of approving variances to the City Code for the WakeboardTournament on July 19-21, 2013, at Lake Nasworthy______________________________________________________________________________Summary: The variances required are identical to those granted in the past and pertain to:noise, camping and parking, permits for vendors, signs, and provisions regulating thewaters of Lake Nasworthy such as “No Wake” zones. The event will be held at MiddleConcho Park.Authorization is also requested to allow the Interim City Manager to execute anindemnification agreement with Specialty Sports for the event.Financial Impact: None.Related Vision Item (if applicable): Parks and Open Space Vision· Increase recreation opportunitiesOther Information/Recommendation: Staff recommends approval.Attachments: Special Event ApplicationSupplement to the Special Event ApplicationResolutionIndemnification AgreementParticipant Release FormPresentation: NonePublication: N/AReviewed by Assistant City Manager: Carl White, Parks & Recreation Director, May 7, 2013
  26. 26. EXHIBIT ASUPPLEMENT TO SPECIAL EVENTS PERMITWake the Desert Wakeboard TournamentJuly 19, 20, 21, 2013Permit Holder: Specialty Sports, Inc., dba Ski Skellar Sports (hereinafter “SSS”),3327 W. Wadley, Midland, TX 79707Contact Person: Name PhoneScott Ragan (432) 697-0427Location of Event: Lake Nasworthy; Middle Concho Park (hereinafter “Area”)Name of Event: Wake the Desert (hereinafter “Event”)Date of Event: July 19-21, 2013Set up: July 18, 8:00am through sunsetAnticipatedAttendance: 100-500 per dayHours ofOperation: 8:00 am through sunset July 198:00 am through sunset July 208:00 am through sunset July 21This supplement to the special event permit is issued to Ski Skellar Sports by the City of San Angelo(hereinafter “City”) subject to the conditions and requirements set forth below.Permitted Activities1. SSS may conduct wakeboard events during the dates set out above.2. SSS may operate all terrain vehicles in the Area during the Event.3. SSS may designate and restrict access to areas for parking, camping, vendors, riders, andspectators.4. SSS may set up tents and signs and allow vendors in the Area subject to any regulations set outin this Permit.
  27. 27. Requirements for Permit Holder (“SSS”)1. Sanitation.a. SSS shall provide a total of four (4) Port-A-Potties.b. SSS will clean up Area at the conclusion of the Event.2. Insurance and Indemnification.a. SSS shall provide insurance as required by the City of San Angelo’s Claims Manager andshall provide proof of such insurance.b. As deemed appropriate by the City Attorney, SSS shall provide City with anIndemnification Agreement executed by SSS and Releases executed by riderparticipants, on forms approved by the City.3. Vendors.a. Vendors shall obtain all necessary health permits and shall have appropriate liabilityinsurance and an active Sales and Use Tax Permit.4. Park Entrance Fees.a. Competitors and event organizers will be provided with access passes to Middle ConchoPark at no charge for the dates of the event. Event organizer must provide the listshowing quantities of passes needed to the City by 5:00 pm, Monday, July 15, 2012.Passes will be provided by the City to the Event Organizer by noon, Thursday, July 18,2013.b. Spectators at Middle Concho Park will pay $3.00/vehicle regardless of residency.Spectators at Spring Creek Park will pay $3.00/vehicle for San Angelo residents and$6.00/vehicle for non-San Angelo residents.The City Manager or his designee shall have authority to require SSS to comply with the above listedrequirements and to correct any deficiencies. In case of a threat to the public health or safety, the CityManager or his designee may suspend operations of the Event until deficiencies are corrected.Variances: See Attachment 1 to this Exhibit.Authority of City to Regulate EventThe City Manager or his designee shall have the authority to interpret this Permit and/or adopt newrules during the Event to ensure public health and safety and proper use of all public right-of-ways.EVENT SPONSORPrint Name: Angelica Pena DateDate: Civic Events Manager
  28. 28. Attachment 1 to Exhibit ATO THE 2013 WAKEBOARD TOURNAMENT PERMITExhibit 1 to Event ResolutionVariances1) Conduct of this Event shall not constitute a violation of the City’s noise ordinances.2) Notwithstanding City ordinances to the contrary, event Sponsor may operate all terrainvehicles in the Area during the Event.3) Notwithstanding City ordinances to the contrary, event Sponsor may restrict camping,parking, and access to areas designated as restricted by event Sponsor for the durationof the Event and during the set up period.4) Notwithstanding City ordinances to the contrary, event Sponsor shall not be required toobtain permits for street closure, tents, vendors (except for health permits) and signs.5) Notwithstanding City ordinances to the contrary, flags, banners, and information signsshall be allowed for the Event. Placement shall be coordinated with and approved bythe City Manager or his designee.6) To the extent that conduct of this Event is in violation of the City’s ordinances regulatingactivities on the public property and waters of Lake Nasworthy (including, but not limited to, “nowake zones,” speed limits, placement of objects in the water and entrance and camping fees)the provisions of this Permit shall constitute a variance from such regulations.
  29. 29. INDEMNIFICATION AND HOLD HARMLESS AGREEMENTWHEREAS Specialty Sports, Inc., a Texas corporation, doing business as SkiSkeller Sports, hereinafter referred to as (“Applicant” or “Indemnitor”) has applied withthe City of San Angelo hereinafter referred to as (“City” or “Indemnitee”) for permissionto conduct a special recreational and sporting event known as “Wake the Desert”wakeboard tournament hereinafter referred to as (“Event”); at Lake Nasworthy, City ofSan Angelo, Tom Green County, Texas; the use of Lake Nasworthy, including the watersof Lake Nasworthy, the land and subdivisions of Lake Nasworthy, and the facilities ofLake Nasworthy, Tom Green County, Texas, hereinafter collectively “the Property” or“the Premises”; and,WHEREAS in consideration for the granting of Applicant’s application toconduct the Event at Lake Nasworthy from and including July 19ththrough July 21st,2013, and including set up on July 18th, 2013 and clean up on July 21st, 2013, Applicantdesires to indemnify and hold the City of San Angelo harmless from any and all damages,personal injuries, or deaths that may occur in relation to the Event;NOW THEREFORE the undersigned stipulates, covenants, and agrees as follows:APPLICANT AGREES TO INDEMNIFY, DEFEND, AND HOLD CITY, ITSCOUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS,AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE ANDHARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS,PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES,LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON ORPERSONS, INCLUDING AGENTS OR EMPLOYEES OF APPLICANT OR CITY, BYREASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TOPROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OFANY LAW OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANYACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF APPLICANT,ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF APPLICANTITS AGENTS OR EMPLOYEES AND ANY OTHER ENTITY, AS A DIRECT ORINDIRECT CONSEQUENCE OF ITS HOLDING OF A SPECIAL SPORTING ANDRECREATIONAL EVENT FROM AND INCLUDING JULY 19THTHROUGH JULY21ST, 2013, INCLUDING SET UP ON JULY 18TH, 2013 AND CLEAN UP ON JULY21ST, 2013, AT LAKE NASWORTHY, CITY OF SAN ANGELO, TOM GREENCOUNTY, TEXAS, OR SUSTAINED IN OR UPON THE WATERS OR PREMISESOF LAKE NASWORTHY, OR AS A RESULT OF ANYTHING CLAIMED TO BEDONE OR ADMITTED TO BE DONE BY APPLICANT, ITS AGENTS OREMPLOYEES HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THETERM OF THE PERMIT OR PERMISSION GRANTED BY CITY TO HOLD THEDESCRIBED SPECIAL SPORTING AND RECREATIONAL EVENT FOR AS LONGAS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALLREQUIRE APPLICANT TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANYINDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS
  30. 30. NEGLIGENCE OR WILLFUL MISCONDUCT.Executed this day of , 2013.INDEMNITOR: INDEMNITEE:Specialty Sports, Inc. City of San Angelo, TexasBy: By:Richard Ragan, Vice Pres. Daniel Valenzuela, City Mgr.ATTEST: ATTEST:By: By:Gina Ragan, Secretary Alicia Ramirez, City Clerk
  31. 31. INDEMNIFICATION AND HOLD HARMLESS AGREEMENTBETWEEN THE CITY OF SAN ANGELO TEXAS AND SKI SKELLER SPORTSApproved as to content: Approved as to form:John Seaton, Risk Manager Lysia H. Bowling, City Attorney.
  32. 32. CITY OF SAN ANGELOWAIVER OF LIABILITYANDINDEMNITY AND HOLD HARMLESS AGREEMENTIn consideration for receiving permission to participate in the “WAKE THEDESERT” wakeboard tournament and related activities (hereinafter referred to as“Event”); the use of Lake Nasworthy, including the waters of Lake Nasworthy, the landsand subdivisions of Lake Nasworthy, and the facilities of Lake Nasworthy, hereinaftercollectively “the Property” or “the Premises” at Lake Nasworthy, City of San Angelo,Tom Green County, Texas, (hereinafter referred to as “Premises”) and other good andvaluable consideration, the receipt of which is hereby acknowledged, I herebyRELEASE, WAIVE and DISCHARGE, and COVENANT NOT TO SUE the City of SanAngelo, its council members, board and commission members, officials, agents, guests,invitees, consultants and employees (hereinafter collectively referred to as “City” or“Releasees”) from any and all liability, claims, demands, actions and causes of actionwhatsoever arising directly or indirectly out of or relating to any loss, damage, or injury,including death, that may be sustained by me or to any property belonging to me,WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwisewhile participating in such Event or related activity, or while in, on or upon the premiseswhere the Event and related activities are being conducted, or in transportation to or fromsaid premises.To the best of my knowledge I am physically able and otherwise qualified to fullyparticipate in the Event. I am fully aware of the risks and hazards connected with theactivities in which I plan to participate, and I voluntarily elect to enter the premises andparticipate in the Event, knowing that the activities may be hazardous to me and myproperty. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKSOF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH,that may be sustained by me or loss to my property as a result of being engaged in theEvent, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OROTHERWISE.I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS theRELEASEES from any loss, liability, damage or costs, including court costs andreasonable attorney’s fees, that may be incurred by Releasees due to my participation insaid activity, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, orotherwise.
  33. 33. “WAKE OF THE DESERT” wakeboard tournament, Waiver of Liability, Indemnity andHold Harmless Agreement: Page 2 of 2I UNDERSTAND THAT THE CITY OF SAN ANGELO WILL NOT BERESPONSIBLE FOR ANY MEDICAL COSTS ASSOCIATED WITH ANY INJURYTHAT MAY BE SUSTAINED.It is my express intent that this Waiver of Liability and Indemnity and HoldHarmless Agreement shall bind the members of my family and spouse (if any), if I amalive, and my heirs, assigns and personal representative, if I am not alive, and shall bedeemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE theabove named Releasees. I hereby further agree that this Waiver of Liability andIndemnity and Hold Harmless Agreement shall be constructed in accordance with thelaws of the State of Texas.IN SIGNING THIS WAIVER OF LIABILITY AND INDEMNITY AND HOLDHARMLESS AGREEMENT I ACKNOWLEDGE AND REPRESENT that I have readthe foregoing instrument in its entirety, that I understand it, and that I am waivingvaluable legal rights and assuming legal obligations by the execution hereof. I sign thisWaiver of Liability and Indemnity and Hold Harmless Agreement voluntarily as my freeact and deed; no oral representations, statements or inducements, apart from the contentof this agreement, have been made to me. I am at least eighteen years of age and I amfully competent to understand and execute this agreement. I execute this Waiver ofLiability and Indemnity and Hold Harmless Agreement for full, adequate, and completeconsideration as set forth hereinabove fully intending to be bound by the same.IN WITNESS WHEREOF, I have hereunto set my hand on this , dayof _________, 2013.Participant’s Signature Print Participant’s full name above.
  34. 34. A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZINGAPPLICANT, SPECIALTY SPORTS, INC., DBA SKI SKELLER SPORTS,TO HOLD A SPECIAL EVENT AT LAKE NASWORTHY KNOWN AS“WAKE THE DESERT”; PERMITTING SPECIFIED ACTIVITIES;IMPOSING REQUIREMENTS ON APPLICANT; AND GRANTINGVARIANCES RELATING TO RULES AND REGULATIONS OF LAKENASWORTHY, PARK ORDINANCES AND THE CITY NOISEORDINANCEWHEREAS, Chapter 9, Article 9.100 of the Code of Ordinances for the City of SanAngelo provides that the City Council may authorize individuals or groups to hold special eventsfor sporting and recreational purposes at Lake Nasworthy; and,WHEREAS, Chapter 9, Article 9.100 further provides that the City Council mayauthorize temporary variances from the prohibitions and requirements of City ordinances forsuch events; and,WHEREAS, the “WAKE THE DESERT” wakeboard tournament has been an annualsporting and recreational event at Lake Nasworthy; and,WHEREAS, the City Council has taken into account those factors as applicablepursuant to the ordinance providing for the granting of variances;NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO, TEXAS THAT:Specialty Sports, Inc., dba Ski Skellar Sports (hereinafter Applicant), is herebyauthorized to hold a special event at Lake Nasworthy, known as “Wake the Desert”, wakeboardtournament, on July 19th, 20th, and 21st, 2013, and set up for the event on July 18th, and clean upafter the event on July 21st, 2013. The event may include those activities as described on thatcertain “City of San Angelo-Special Event Application” and attachments thereto (hereinaftercollectively referred to as “Application”) submitted by Applicant, a copy of which is attached tothis Resolution as Exhibit A, and made a part hereof for all purposes.The execution of an indemnification and hold harmless agreement as required by theDirector of Parks and Recreation and the requirements imposed upon the Applicant as set forthin the Application are adopted by reference thereto and are hereby imposed upon the Applicant,and are a condition to this authorization and to the variances granted. The variances referred toin the Application relating to Rules and Regulations of Lake Nasworthy, Park Ordinances andthe City Noise Ordinance are hereby granted during those times when the said special event is inprogress from and including July 19, 2013 through July 21, 2013.APPROVED AND ADOPTED ON THE DAY OF , 2013.Signature page to follow
  35. 35. THE CITY OF SAN ANGELO, TEXASAlvin New, MayorAttest:Alicia Ramirez, City ClerkApproved As to Content: Approved As to Form:Angelica Peña Lysia H. Bowling,Civic Events Manager City Attorney
  36. 36. Attachment 1 to Exhibit ATO THE 2013 WAKEBOARD TOURNAMENT PERMITExhibit 1 to Event ResolutionVariances1) Conduct of this Event shall not constitute a violation of the City’s noiseordinances.2) Notwithstanding City ordinances to the contrary, event Sponsor may operateall terrain vehicles in the Area during the Event.3) Notwithstanding City ordinances to the contrary, event Sponsor may restrictcamping, parking, and access to areas designated as restricted by eventSponsor for the duration of the Event and during the set up period.4) Notwithstanding City ordinances to the contrary, event Sponsor shall not berequired to obtain permits for street closure, tents, vendors (except for healthpermits) and signs.5) Notwithstanding City ordinances to the contrary, flags, banners, andinformation signs shall be allowed for the Event. Placement shall becoordinated with and approved by the City Manager or his designee.6) To the extent that conduct of this Event is in violation of the City’s ordinancesregulating activities on the public property and waters of Lake Nasworthy(including, but not limited to, “no wake zones,” speed limits, placement ofobjects in the water and entrance and camping fees) the provisions of thisPermit shall constitute a variance from such regulations.3
  37. 37. City of San AngeloMemoDate: June 6, 2013To: Mayor and CouncilmembersFrom: Ricky Dickson, Water Utilities DirectorSubject: Consent Item for June 18, 2013 Council MeetingContact: Ricky Dickson, Water Utilities Director, 657-4209Caption: Consideration of approving a Recreational or Agricultural Lease Agreementwith Frank S. and Ginger Price for 2.616 acres of land located adjacent to the lake or riverand authorizing the City Manager or Water Utilities Director to execute the same.Summary: Frank and Ginger Price are owners of the adjacent property and desire to enterinto a new Recreational or Agricultural Lease agreement.Financial Impact: Lease fee will be $448.00 per year as computed on Exhibit B (attached).Related Vision Item (if applicable): None.Other Information/Recommendation: It is recommended that the lease be approvedand the Water Utilities Director be authorized to execute the lease. Staff recommendsapproval.Attachments: Lease Agreement and Exhibit A and BPresentation: None.Publication: None.Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director,June 6, 2013Reviewed and Approved by City Attorney: Lysia H. Bowling, City AttorneyJune 10, 203
  38. 38. City of San AngeloMemoMeeting Date: June 4, 2013To: City Council membersFrom: Kevin Boyd, PlannerSubject: Z13-17: P.V. McMinn, Jr., a request for a zone change from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and TownhouseResidential (RS-3) to allow for townhouses, on the following property:Location: An unaddressed 1 acre tract, located at the northwest corner of theintersection of West Beauregard Avenue and Moritz Circle; morespecifically occupying the Clar-Mor Heights Addition, Block 1, Lots4 - 6, in southwest San Angelo.Purpose: Approval of this request would zone the property Zero Lot Line,Twinhome and Townhouse (RS-3)Contacts: P.V. McMinn, Jr., Representative 325-439-1941Kevin Boyd, Planner 325-657-4210Caption: First Public Hearing and consideration of introduction of an Ordinanceamending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code ofOrdinances, City of San AngeloZ13-17: P.V. McMinn, Jr.AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THECODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICHSAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS,USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING ANDCLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: Anunaddressed 1 acre tract, located at the northwest corner of theintersection of West Beauregard Avenue and Moritz Circle. Thisproperty specifically occupies the Clar-Mor Heights Addition, Block1, Lots 4 - 6, in southwest San Angelo, changing the zoningclassification from Single-Family Residential (RS-1) to Zero Lot Line,
  39. 39. 2Twinhome and Townhouse Residential (RS-3) District; PROVIDINGFOR SEVERABILITY AND PROVIDING A PENALTYSummary: The City Council may:(1) Approve the proposed zone change as requested; or(2) Modify the application to some alternative zoning classification believed to bemore appropriate; or(3) Deny the proposed zone change, altogether.Recommendation: Planning staff recommends approving the proposed zonechange request from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome andTownhouse Residential (RS-3).Planning Commission recommended approval of this request by a vote of 6-0 on May20, 2013.
  40. 40. 3History and Background:General InformationExisting Zoning: Single-Family Residential (RS-1)Existing Land Use: Vacant, undeveloped tractSurrounding Zoning/Land Use:North: Single-Family Residential (RS-1) Undeveloped residential lots,residences, and ChristEvangelical Lutheran ChurchWest: Single-Family Residential (RS-1) Single family detached housingSouth: Single-Family Residential (RS-1) Single family detached housingand Anglican Church of GoodShepherdEast: Neighborhood Commercial (CN) HEB store, Dollar Tree, CatoFashion, Check Cashed Loans,Rent-A-Center, a vacantcommercial building and FirstChurch of the NazareneThoroughfares/Streets: West Beauregard Avenue and Moritz Circle areidentified as a ‘local streets’, designed to carrylight neighborhood traffic at low speeds.Sherwood Way is identified as a "major arterialstreet" and is designed to connect collector streetsto freeways and other arterials carrying largevolumes of traffic at high speeds. Access issecondary and mobility is the primary function ofthese streets.Zoning History: The property was annexed within the city around1949.As far back as 1954, the property has been zonedSingle Family Residential (RS-1).Applicable Regulations: Allowed uses for this property can be found inSection 310 (Use Table) of the Zoning Ordinance.Development Standards: Residential development setbacks are outlined inSection 501 of the Zoning Ordinance.
  41. 41. 4All required off-street parking and theconnection(s) to a public right-of-way are requiredto be paved.Vision Plan Map: NeighborhoodRelated Comp Plan Excerpts: “Promote better transition between nearbycommercial and residential use of land andbuildings.”"Require a buffer separating commercial,industrial, or agricultural zoned lands fromneighborhoods.""Promote neighborhood diversity andsecurity by encouraging a mix of age,income, and housing choices within SanAngelos neighborhoods.""...encourage appropriate and supportiveinfill development at NeighborhoodCenters.""Promote a mix of various uses...toencourage the necessary infill...forNeighborhood Centers.""Establish transition areas to better "scale-down" intensity of use from commercialcenters to neighborhoods.""...this [access to Neighborhood Centers]is best achieved through clusteredcommercial centers, but also throughincreased access and connectivitybetween the neighborhoods and theirassociated Neighborhood Centers.""...slowly reorganize commercial corridorsinto clusters...""Create new physical connections toneighborhoods lined with transitional andintermediate uses.""Variety of residential product types -multi-family, townhomes, courtyard homes,patio homes, etc."
  42. 42. 5Special InformationTraffic Concerns: Changing the zoning to a more intensiveresidential district has the potential to generateadditional traffic than if the property remained as-is.Parking Requirements: Dwelling units require a minimum of 2 parkingspaces, per Section 511.B of the ZoningOrdinance.Parking Provided: No parking exists as the tract remains vacant andundeveloped.Density: Surrounding properties are medium commercialand residential in nature. The Vision Plan calls forNeighborhood type development for the site inquestion.Notification Required: YesNotifications Sent: 13Responses in Favor: 2Responses in Opposition: 0Analysis:In order to approve this zone change request, the City Council members are first requiredto consider the following criteria:1. Compatible with Plans and Policies. Whether the proposed amendment is compatiblewith the Comprehensive Plan and any other land use policies adopted by the PlanningCommission or City Council.2. Consistent with Zoning Ordinance. Whether and the extent to which the proposedamendment would conflict with any portion of this Zoning Ordinance.3. Compatible with Surrounding Area. Whether and the extent to which the proposedamendment is compatible with existing and proposed uses surrounding the subject landand is the appropriate zoning district for the land.
  43. 43. 64. Changed Conditions. Whether and the extent to which there are changed conditionsthat require an amendment.5. Effect on Natural Environment. Whether and the extent to which the proposedamendment would result in significant adverse impacts on the natural environment,including but not limited to water and air quality, noise, storm water management,wildlife, vegetation, wetlands and the practical functioning of the natural environment.6. Community Need. Whether and the extent to which the proposed amendmentaddresses a demonstrated community need.7. Development Patterns. Whether and the extent to which the proposed amendmentwould result in a logical and orderly pattern of urban development in the community.The staff recommendation is based upon the statements listed below.Staff believes that the proposed zone change meets all of the criteria outlined, thusrecommending approval of a zone change to Zero Lot Line, Twinhome and Townhouse(RS-3). The request is consistent with city’s plans and polices, as the Vision Planenvisions properties west of Moritz Circle (which includes the tract in question) andsouth of West Beauregard Avenue to remain designated as ‘Neighborhood’. Thecategory ‘Neighborhood’ fits with RS-1, RS-2, RS-3, RM-1, RM-2, MHP and MHSzoning. Although the most common housing type is single family detached residences,introducing higher density residential development will further diversify the area’shousing stock – which is consistent with the intent of the Comprehensive Plan.The request is consistent with aspects of the Zoning Ordinance. The proponent seeks azone change from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome andTownhome Residential (RS-3) district with plans to develop a series of townhomes onthe properties. RS-3 zoning allows for residential development to include zero lot linedwellings, twinhomes and townhouses (Section 310 and 311, Zoning Ordinance). Someconditional uses allowed in the district are religious institutions, safety services andschools. Twinhomes and townhomes are also permissible in Low Rise MultifamilyResidential (RM-1) zoning but given the small size of the lots, it is not a suitableconfiguration for apartment development. The tract in question is comprised of threeplatted lots and meets the minimum lot area and dimension of the proposed zoning, per501 of the Zoning Ordinance. A zone change to RS-3 will allow for lots to be furthersubdivided to maximize buildable space - a minimum of 40 x 60 (2,500 sq ft.) for zerolot line or twinhome units and 25 x 75 (1,875 sq ft.) for townhouse units, per Section501.While much of the residences in the area reflect low density, single family zoning, thereare two sizeable tracts, just east of the site along West Beauregard Avenue, that have
  44. 44. 7Low Rise Multifamily Residential (RM-1) zoning - 5.2 and 2.5 acres, respectively. Thelarger of the two properties still serves as a vacant lot. The other lot is occupied byCrestwood Terrace Apartments – which is densely developed at this time; the RM-1zoned area is comprised of 9, two story apartments. Currently, the tract in question –lots 4, 5 and 6 – is vacant, open space. The lots are similar in area and dimensionmeasure roughly 110 x 140. The townhomes that the proponent hopes to construct willfront Moritz Circle, the rear of the buildings will be along the existing alley (seeconceptual plan below). Directly to the east of the site are several commercially zonedproperties – Neighborhood Commercial (CN), General Commercial (CG) and GeneralCommercial / Heavy Commercial (CH) all exist within 400 feet of the tract. Much of thearea, especially points north and northeast of the site has developed as an establishedcommercial corridor which began in the 1950 - 1960s with developments like the Kmartstore, now HEB. Other commercial establishments include Dollar General, CatoFashions, Sonic and Rent-A-Center. The proposed use is compatible with surroundinguses and may provide an additional customer base for some of the commercialdevelopment in the area.This request represents changed conditions to the current Ordinance, in that, RS-1limits residential development to single family detached housing. A zone change to RS-3 will provide opportunities for higher density residential development. As previouslymentioned, allowed uses in a RS-3 zone are zero lot line dwellings, twinhomes andtownhouses. This request is consistent with the "Neighborhood" developmentdesignation of the Comprehensive Plan, as such an amendment to the Vision Plan Mapof this document is not required to approve this request.Staff expects that the proposed zone change will have minimal negative impacts on thenatural environment. While the change will allow provide a wider range of residentialdevelopment opportunities, in both scale and size, such changes are not significant.The site is vacant, open space - no trees or other vegetation will be removed indeveloping the tract. Conceivably there can be greater storm water runoffs generatedfrom twinhomes or townhome development, as opposed to single family detacheddwellings which typically have smaller building footprints. An internal site reviewconducted by city staff will ensure that any approved project directs runoff away fromneighboring properties.The requested zoning represents a community need. Currently RS-3 is one of the city’smore underutilized zoning districts. Twinhomes and townhomes are ideal building typesfor lots, such as the one in question – narrow strips of land that typically accommodatesingle family housing but are much too small to support a multi-unit apartment complex.These types of development are more compact (higher density) form of development, ifdeveloped widely, poses less strain on the city’s infrastructure, compared to singlefamily detached housing. The change will provide a mixture of housing opportunities forresidents in the area.
  45. 45. 8The site boasts close proximity to major roadways and commercial development; it alsoprovides a nice transition between uses. The tract of land is accessible to nearbyarterials – Sherwood Way and West Avenue N / Arden Road. The requested zonechange and proposed development will offer suitable infill opportunities for a tract ofland that has serve as vacant, open space for many years. The zone change will enabledevelopment which provides a buffer between uses, a transition from neighborhoodserving commercial to single family housing units. The location also provides closeproximity to shops and retail - within 700 feet of the HEB Supercenter and 200 feet fromCato Fashions and Dollar Tree - which is one of the tenets of a walkable community.This reduces the demand for automobile use and enhances the nature of the area -further establishing places where people can live, shop and work, thus establishingsustainable environments.Proposed ConditionsN/AAttachments: Excerpt from zoning map, showing the general location withinthe City of San Angelo;Excerpt from zoning map, highlighting subject property;Aerial photo, highlighting subject property;Excerpt from the comprehensive plan vision map highlightingthe subject property;Excerpt of the favor/opposition notification map;Conceptual plan of phased townhome development;Citizen Response;Draft minutes from 05/20/13 Planning Commission meeting;andDraft Ordinance.Presentation: Kevin Boyd, PlannerReviewed by: Jeff Hintz, Interim Senior Planner (05/09/13)
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  51. 51. Z 13-17: P.V. McMinn Jr.A request for a zone change from Single-Family Residential (RS-1) to Zero LotLine, Twinhome and Townhouse Residential (RS-3) to allow for townhouses, onthe following property:An unaddressed 1 acre tract, located at the northwest corner of the intersectionof West Beauregard Avenue and Moritz Circle; more specifically occupying theClar-Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo.Kevin Boyd, Planner, came forward to present this request, consistent with the staffrecommendation of approval. Thirteen notifications were sent out, with two receivedin favor and two received in opposition to the request. The subject property wasshown on a map of the general area. To the west and south of the subject propertyis a low-density neighborhood, and to the east and north of the subject property is alarge commercial node stemming from the intersection of Sherwood Way and WestAvenue N. A map denoting the notifications received in favor and opposition wasshown. A conceptual plan, while not required for the application, was shown asprovided by the applicant. Mr. Boyd described the configuration of the lots and theneed for diversification of the residential offerings in this area as outlined in theComprehensive Plan. There are opportunities for transition into the neighborhoodwhich this development could provide. Currently, the intensive commercialproperties are separated from the neighborhood by a vacant half-block.Bill Wynne asked questions about the minimum lot sizes and density that would beallowed.P.V. McMinn came forward to speak in favor of this request. Mr. McMinn looked atthis property in 1979 for this type of development, but at that time, the church ownedthe property. Mr. McMinn purchased the property recently in order to make anothereffort to develop the property in a way that would provide a transition between thestrip center and the nearby neighborhood.Gerald Toole, a resident of Moritz Circle, came forward to speak in opposition to therequest and explained that the density of the property is his main concern, inaddition to the traffic that would be generated by the development. Ms. Fawverexplained that the zoning change application, by ordinance, does not require a siteplan to be submitted. The zone change procedure is intended to pose the questionof whether or not the type of zoning is appropriate for the lots in question, and thesite planning is outside the jurisdiction of this Commission. So long as the siteplanning and arrangement of structures is done in a way which follows theordinance, there are a wide variety of ways which the layout may be configured.Neither the staff, Ms. Fawver explained, nor the Planning Commission may placeconditions on the application, to limit it to a single arrangement or site plan.______ George, a resident to the west of the subject property, came forward tospeak in opposition to the request. His opposition was based largely on the trafficgenerated and the impact on property values in this area. The transition, he felt, wasnot an appropriate one.
  52. 52. Belinda and Alex Vega came forward to speak in opposition to this request. Theyare directly across the street from the proposal and find the request to beinconsistent with the development in that area. Traffic and unknown neighbors areof concern to them and their family. Their home has a high value and as such, theywant to preserve that. They were unable to think of any benefits to the area thatcould be provided by development of this location and stated that there were avariety of other sites that would be more appropriate for this type of building.There was no other public comment.Joe Grimes spoke and shared that the exact type of setup was one that wassuccessful in the vicinity of Bentwood Country Club, where property values are quitehigh.Bill Wynne mentioned that he had constructed townhomes in southwest San Angeloand that the people who tended to move into townhomes are generally couples,retirees, and people who generally wanted to downsize their home and property.Ryan Smith mentioned that he has seen situations where this type of developmenthas also increased adjacent property values.Bill Lawrence mentioned that this site has not yet found the best use for it and thatthis appears to be an appropriate fit based on the factors outlined in the staff reportand observation of the area.Motion, to approve as presented, was made by Ryan Smith and seconded by JoeGrimes. The motion passed unanimously, 6-0.
  53. 53. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODEOF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT“A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTSAND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVEPLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: An unaddressed 1 acre tract, locatedat the northwest corner of the intersection of West Beauregard Avenueand Moritz Circle. This property specifically occupies the Clar-MorHeights Addition, Block 1, Lots 4 - 6, in southwest San Angelo,changing the zoning classification from Single-Family Residential (RS-1)to Zero Lot Line, Twinhome and Townhouse Residential (RS-3) District;PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYRE: Z 13-17: P.V. McMinn, Jr.WHEREAS, the Planning Commission for the City of San Angelo and the governingbody for the City of San Angelo, in compliance with the charter and the state law withreference to zoning regulations and a zoning map, have given requisite notice by publicationand otherwise, and after holding hearings and affording a full and fair hearing to all propertyowners and persons interested, generally, and to persons situated in the affected area andin the vicinity thereof, is of the opinion that zoning changes should be made as set outherein; NOW THEREFORE,BE IT ORDAINED BY THE CITY OF SAN ANGELO:SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enactedby the governing body for the City of San Angelo on January 4, 2000 and included withinChapter 12 of the Code of Ordinances for the City of San Angelo, be and the same ishereby amended insofar as the property hereinafter set forth, and said ordinance generallyand the zoning map shall be amended insofar as the property hereinafter described: Anunaddressed 1 acre tract, located at the northwest corner of the intersection of WestBeauregard Avenue and Moritz Circle. This property specifically occupies the Clar-Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo, shall henceforth bepermanently zoned as follows: Zero Lot Line, Twinhome and Townhouse Residential(RS-3) District.The Director of Planning is hereby directed to correct zoning district maps in the office of theDirector of Planning, to reflect the herein described changes in zoning.SECTION 2: That in all other respects, the use of the hereinabove describedproperty shall be subject to all applicable regulations contained in Chapter 12 of the Code ofOrdinances for the City of San Angelo, as amended.SECTION 3: That the following severability clause is adopted with this amendment:

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