San angelo city council 11 5-13 - request for competitive sealed proposals
January 8, 2013 Agenda Packet
1. NOTICE OF A PUBLIC MEETING
AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL
THE CITY OF SAN ANGELO, TEXAS
9:00 A.M. - Tuesday, January 8, 2013
McNease Convention Center, South Meeting Room
500 Rio Concho Drive
THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.
ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH
MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE
IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,
ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.
City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. every
day for two weeks beginning on the Thursday after each meeting.
As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate”
Thank You!
I. OPEN SESSION (9:00 A.M.)
A. Call to Order
B. Prayer and Pledge
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.”
C. Recognition
Western Towers for receiving the Texas Workforce Commission Employer of Excellence Texas Workforce
Commission during the 16th Annual Texas Workforce Conference on November 29, 2012, to be received
by Charles Anderson and Daniel Anderson, owners of Western Towers
D. Public Comment
The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda
item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent
Agenda may be identified and requested for consideration by the Council at this time. The Council may
request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular
Agenda for public comment.
II. CONSENT AGENDA
1. Consideration of approving the December 18, 2012 City Council and Downtown Development
Commission Joint and City Council Regular meeting minutes
2. Consideration of awarding bid WU-14-12 for Wastewater Irrigation Pump to Xylem Incorporated /
Flygt Products (Carrolton, TX), in the amount of $54,678.00, and authorizing the City Manager to
execute any necessary related documents (submitted by Interim Water Utilities Director Ricky Dickson)
3. Consideration of authorizing the City Manager to execute Change Order #1 up to $400,000.00 between
the City of San Angelo and Archer Western Construction, LLC on the Hickory Booster Pump Station
Project (WU-05-12) for brush clearing required for the expansion of the well field (submitted by Interim
Water Utilities Director Ricky Dickson)
4. Consideration of authorizing the sale of the following properties for the appraised value and authorizing
City Council Agenda Page 1 of 4 January 8, 2013
2. the Mayor, City Manager, or Interim Water Utilities Director to execute all necessary legal documents
pertaining to the sale of subject properties, subject to completion of all curative requirements: (submitted
by Interim Water Utilities Director Ricky Dickson)
a. 3009 Red Bluff Circle, Lot 57, Group Red Bluff, $77,700.00 (Graves)
b. 2872 Red Bluff Road, Lot 34, Group Red Bluff, $88,200.00 (Reynolds)
c. 3257 Red Bluff West, Lot 112, Group Red Bluff,$78,800.00 (Hettinga)
5. Consideration of adopting a Resolution requesting the members of the 83rd Legislative Session of the State
of Texas support legislation that increases funding for the Texas Recreation and Parks Account and Large
County and Municipality Recreation and Parks Account local park grant programs, and the Texas State Park
System (submitted by Parks and Recreation Director Carl White)
6. Consideration of adopting a Resolution authorizing the City Manager or his designee to execute a
nonexclusive easement for access agreement on behalf of the city as grantor, with Charles Becker and
Nancy Becker, grantees, being the owners of a certain landlocked parcel of real property located at
2059 Christoval Road, for purposes of permitting a right-of-way over which grantees shall construct a
road for pedestrian and vehicular access to and from Christoval Road and said landlocked parcel and
adjacent property owned by the City, for joint use of the parties (submitted by Interim Water Utilities
Director Ricky Dickson)
7. Second Hearing and consideration of adopting an Ordinance amending the 2012-2013 Budget for grants,
new projects and incomplete projects (submitted by Budget Manager Morgan Trainer)
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR
NEW PROJECTS
III. REGULAR AGENDA:
E. EXECUTIVE/CLOSED SESSION
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle
A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that
Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle
A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that
Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or
companies with whom the City of San Angelo is conducting economic development negotiations and
which the City of San Angelo seeks to have, locate, stay or expand in San Angelo
F. PUBLIC HEARING AND COMMENT
8. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit
“A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 12-18: David Mazur & Z 12-19: COSA Planning
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS
ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: Evenly addressed properties on the east side of the 300 block
of North Chadbourne between East 4th and East 3rd Streets, more specifically occupying the Kleck
Subdivision, Block 2, Lots 11-12 & Lots 16 - 17 in downtown San Angelo, changing the zoning
classification from General Commercial/Heavy Commercial (CG/CH) to Central Business (CB)
District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
City Council Agenda Page 2 of 4 January 8, 2013
3. (Presentation by Planning Manager AJ Fawver)
9. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 12-17: CSA Materials
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS
ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: 3560 and 3578 Smith Boulevard, and 3744 and 3844 Porter
Henderson Drive, collectively occupying a 92.768 acre tract near Smith Boulevard and Porter
Henderson Drive, more specifically occupying the Paul Gregory Addition, Section 3, Tract H, the Paul
Gregory Addition Section 2, Tracts E and F, and previously-vacated portions of Smith Boulevard and
M.H. Morgan Trail, changing the zoning classification from Ranch and Estate (R&E) to Heavy
Manufacturing (MH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
(Presentation by Planning Manager AJ Fawver)
10. Consideration of approving an appeal of Planning Commission's decision to deny Case Number CU 12-
14, requesting approval of a conditional use to allow for “Household Living” for an area currently
zoned General Commercial (CG), specifically at an unaddressed tract of land on the northwest corner
of Knickerbocker Road and Valleyview Boulevard, more specifically occupying the South Hills
Addition, Block 51, Lots 3 through 10 in south central San Angelo
(Presentation by Planning Manager AJ Fawver)
11. Public comments for and against annexation of certain properties situated immediately
west/southwest of San Angelo and encompassing a vacant 8.995 acre tract extending northwest from
Mills Pass Drive, and located east of the Community of Faith subdivision and southwest of the Sam's
Club Addition
(Presentation by Planning Manager AJ Fawver)
12. Public comments for and against annexation of certain properties situated immediately
west/southwest of San Angelo and encompassing a vacant 20.00 acre tract located at the southern
corner of the intersection of U.S. Highway 67 (Sherwood Way) and a southward projection of
Appaloosa Trail
(Presentation by Planning Manager AJ Fawver)
13. Consideration of awarding bid VM-09-12 for Police Patrol Vehicles, and authorizing the City Manager
or designee to execute any necessary related documents
(Presentation by Police Chief Tim Vasquez)
14. Consideration of matters related to Request for Proposal HR-01-12:
a. Discussion of proposals submitted for Request for Proposal HR-01-12 for Individual and Aggregate
Stop Loss insurance
b. Consideration of selecting AmWins Fidelity as the benefit provider related to Request for Proposal
HR-01-12, authorizing staff to negotiate a contract, and authorizing the City Manager to execute said
contract and any related documents
(Presentation by Human Resources Director Lisa Marley)
15. Consideration of adopting a Resolution authorizing the City Manager or his designee to execute airport
property lease and license agreement with Skyline Aviation, Inc. as tenant, of certain property located
at 8926 Hangar Road, San Angelo Regional Airport – Mathis Field Airport
(Presentation by Airport Manager Luis Elguezabal)
City Council Agenda Page 3 of 4 January 8, 2013
4. 16. Consideration of adopting a Resolution to execute a lease of the Foster Communications Coliseum to
Underwater Football, LLC, d/b/a the San Angelo Bandits, for scheduled indoor football games for the
2013, 2014 and 2015 Indoor Football League Seasons
(Presentation by Civic Events Manager Angelica Pena)
17. Discussion of residential customer’s water consumption information
(Presentation by Assistant City Manager Michael Dane)
18. Discussion and consideration of the desirability for an independent audit and investigation of Water
Utilities Department; discussion and consideration of the objectives, scope, and parameters of such
independent audit and investigation; and, any action in connection thereto
(Requested by Councilmember Morrison)
G. FOLLOW UP AND ADMINISTRATIVE ISSUES
19. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed
20. Announcements and consideration of Future Agenda Items
21. Adjournment
Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter
551, Wednesday, January 2, 2013, at 6:00 P.M.
/s/________________________
Alicia Ramirez, City Clerk
City Council Agenda Page 4 of 4 January 8, 2013
5. SPECIAL RECOGNITION
WHEREAS, During the 16th Annual Texas Workforce Conference Employer
Recognition Luncheon held at the Gaylord Texan November 29 2012,
the Texas Workforce Commission named Western Towers an
Employer of Excellence; and
WHEREAS, Western Towers partnered with Workforce Solutions for the Concho
Valley for the staffing and developing its new Harriett manufacturing
facility and the new plant helped Western Towers become the premier
Positive Train Control tower manufacturer supplying towers to most
American and all Canadian railroads; and
WHEREAS, Honoring its commitment to our country’s veterans, Western Towers
raised the percentage of veteran employment to twenty percent and
additional disabled veterans may be hired during future expansion;
and
WHEREAS, Western Towers new plant is equipped with a state of the art rainwater
recovery system, which operates the entire plant from normal rainfall;
and
WHEREAS, Western Towers implemented a productivity bonus system in the new
facility, which has resulted in phenomenal fabrication production
placing it on pace to greatly increase its annual payroll over the next
three years.
NOW, THEREFORE, it is with great pleasure that, I, Alvin New, Mayor of the City of
San Angelo, on behalf of the City Council, do hereby recognize and applaud
“WESTERN TOWERS”
for their tireless commitment to excellence in business and supporting community
throughout the City of San Angelo.
IN WITNESS WHEREOF, I have
hereunto set my hand and caused the Seal
of the City to be affixed this 8th day of
January, 2013
__________________________________
ALVIN NEW, MAYOR
6. CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 157
Tuesday, December 18, 2012 Vol. 104
OPEN SESSION
BE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, December 18,
2012, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly
authorized members of the Council, to-wit:
Mayor Alvin New
Councilmember Paul Alexander
Councilmember Dwain Morrison
Councilmember Johnny Silvas
Councilmember Fredd B. Adams, II
Councilmember Kendall Hirschfeld
Councilmember Charlotte Farmer
were present and acting, thus constituting a quorum. Whereupon, the following business was transacted:
An invocation was given by and pledge was led by .
PUBLIC COMMENT
Councilmember Farmer commented on the recent Sandy Hook Elementary School event in Connecticut and
spoke in support of any community needs to prevent further incidents within San Angelo.
CONSENT AGENDA
APPROVAL OF THE DECEMBER 4, 2012 CITY COUNCIL REGULAR MEETING MINUTES
AWARD OF BID(S) AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
ANY NECESSARY RELATED DOCUMENTS:
VM-11-12: Medium and Heavy Duty Vehicles, two six-yard dump trucks with extended warranties, Corley
Freightliner (San Angelo, TX) and Roberts Truck Center (San Angelo, TX), $148,316.00 (Submitted by
Vehicle Maintenance Superintendent Patrick Fredrick)
VM-13-12: Police Computers and Digital Video based on DIR pricing, Visual Pro 360 (Tempe, AZ), not to
exceed $212,000.00 (Submitted by Vehicle Maintenance Superintendent Patrick Fredrick)
REC-01-12: Nutrition Program, Sysco West Texas (Lubbock, TX), $82,000.00 (Submitted by Senior Services
Manager Sandra Hernandez)
AUTHORIZATION OF THE EXTENSION OF CONTRACT THROUGH MARCH 31, 2015 PURSUANT
TO CONTRACT TERMS WITH CASCO INDUSTRIES FOR PERSONAL PROTECTIVE EQUIPMENT
(FD-01-11) AND RATIFYING THE EXECUTION OF THE EXTENSION OF CONTRACT FROM
DECEMBER 18, 2012 (SUBMITTED BY FIRE CHIEF BRIAN DUNN)
ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A TAX RESALE
(QUITCLAIM) DEED, SOLD UNDER THE URBAN REDEVELOPMENT PROGRAM, CONVEYING THE
FOLLOWING REAL PROPERTY TAX LOT: (SUBMITTED BY REAL ESTATE ADMINISTRATOR
CINDY PREAS)
2325 Lille Street, (Feist), S 50’ of N 497.7’ of Block 8, Kirby Addition, $750, TAX-89-0320-B
ADOPTION OF A RESOLUTION APPROVING AN AMENDMENT TO A CONTRACT BETWEEN THE
7. Page 158 Minutes
Vol. 104 December 18, 2012
CITY OF SAN ANGELO AND VARSITY CONTRACTORS FOR JANITORIAL SERVICES, AND
AUTHORIZING THE MAYOR AND/OR CITY MANAGER TO EXECUTE SAID CONTRACT
AMENDMENT (SUBMITTED BY FACILITIES MANAGER RON LEWIS)
CONSIDERATION OF ADOPTING A RESOLUTION APPROVING AN ASSIGNMENT OF THE
DECEMBER 4, 2012 LEASE OF THE WEST MEZZANINE, IN SUBSTANTIALLY THE ATTACHED
FORM, IN THE CITY HALL BUILDING FOR OFFICE SPACE BY AND BETWEEN THE CITY OF SAN
ANGELO AND THE SAN ANGELO PERFORMING ARTS COALITION (SAPAC), SAID ASSIGNMENT
EXECUTED BY SAPAC AS ASSIGNOR AND THE SAN ANGELO SYMPHONY SOCIETY
(SYMPHONY) AS ASSIGNEE; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A CONSENT TO SAID ASSIGNMENT ON BEHALF OF THE CITY (SUBMITTED BY
ASSISTANT CITY MANAGER/CHIEF FINANCIAL OFFICER MICHAEL DANE) – Discussed in Regular
Session
POSTPONEMENT OF ADOPTING A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE AIRPORT PROPERTY LEASE AND LICENSE AGREEMENT WITH
SKYLINE AVIATION, INC. AS TENANT, OF CERTAIN PROPERTY LOCATED AT 8926 HANGAR
ROAD, SAN ANGELO REGIONAL AIRPORT – MATHIS FIELD AIRPORT
SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”
(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (SUBMITTED BY
PLANNING MANAGER AJ FAWVER)
Z 12-13: Creed Partners, LLC.
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING
REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: 1601 KNICKERBOCKER ROAD, APPROXIMATELY 230 FEET
FROM THE INTERSECTION OF KNICKERBOCKER ROAD AND SOUTH JACKSON STREET, IN
SOUTHWESTERN SAN ANGELO. THIS PROPERTY OCCUPIES 4.086 ACRES OF THE MCNEESE
SURVEY 0176.25 ABSTRACT 1641, CHANGING THE ZONING CLASSIFICATION FROM LIGHT
MANUFACTURING (ML) TO GENERAL COMMERCIAL (CG) DISTRICT; PROVIDING FOR
SEVERABILITY AND PROVIDING A PENALTY
SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”
(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (SUBMITTED BY
PLANNING MANAGER AJ FAWVER)
Z 12-14: Basil El-Masri
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING
REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: 4028 SOUTH BRYANT BOULEVARD, APPROXIMATELY 350
FEET FROM THE INTERSECTION OF SOUTH BRYANT BOULEVARD AND BEN FICKLIN ROAD.
THIS PROPERTY OCCUPIES 4.35 ACRES OF THE E HERMES SURVEY 0174 ABSTRACT 0349, IN
SOUTHERN SAN ANGELO, CHANGING THE ZONING CLASSIFICATION FROM A COMBINATION
OF RANCH & ESTATE (R&E) AND GENERAL COMMERCIAL (CG), TO SINGLE ZONING OF
GENERAL COMMERCIAL (CG); PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
8. Minutes Page 159
December 18, 2012 Vol. 104
SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”
(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (SUBMITTED BY
PLANNING MANAGER AJ FAWVER)
Z 12-15: Julie Snider
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING
REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: 4126 LAKE DRIVE, LOCATED APPROXIMATELY 100 FEET
FROM THE INTERSECTION OF LAKE DRIVE AND NORTH BRYANT BOULEVARD; MORE
SPECIFICALLY OCCUPYING THE SHORT GEORGE ADDITION, BLOCKS 9 AND 10, 180’ X 484’
TRACT LESS THE SOUTHWEST 0.1020 ACRE, CHANGING THE ZONING CLASSIFICATION FROM
RANCH & ESTATE (R&E) TO A GENERAL COMMERCIAL (CG) DISTRICT; PROVIDING FOR
SEVERABILITY AND PROVIDING A PENALTY
Councilmember Morrison requested the City Hall West Mezzanine item be considered in the Regular Agenda.
Mayor New stated the Skyline contract has been postponed until a future meeting. Council concurred.
Motion, to approve the Consent Agenda, with the exception of the City Hall West Mezzanine Lease Assignment
and Skyline Aviation, Inc. Contract, as presented, was made by Councilmember Hirschfeld and seconded by
Councilmember Silvas. Motion carried unanimously.
SPECIAL JOINT SESSION:
BE IT REMEMBERED City Council and Downtown Development Commission convened in a special joint
meeting at 9:24 A.M., Tuesday, December 18, 2012, in the San Angelo McNease Convention Center, 500 Rio
Concho Drive, San Angelo, Texas. All duly authorized members of the Commission, to-wit:
Co-Chair Jim Cummings
Co-Chair Tim Edwards
Board Member Sharon Rainey Alexander
Board Member Gary Cox
Board Member Lisa Eady
Board Member John Fuentes
Board Member Jim Raymond
were present and acting, thus constituting a quorum. Whereupon, the following business was transacted:
DISCUSSION AND POSSIBLE ACTION ON MATTERS AS LISTED BELOW RELATING TO PL-01-12,
A REQUEST FOR QUALIFICATIONS SEEKING TO RETAIN A MASTER DEVELOPER FOR THE
PURPOSES OF OVERSEEING DEVELOPMENT WITHIN THE DOWNTOWN DEVELOPMENT
DISTRICT, AND ANY ACTION IN CONNECTION THERETO:
• DISCUSSION AND POSSIBLE ACTION REGARDING THE QUALIFICATIONS OF AND
PROPOSED SCOPE OF SERVICES BY CATALYST URBAN DEVELOPMENT;
• CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO EXECUTE THE LETTER OF
INTENT WITH CATALYST URBAN DEVELOPMENT
• CONSIDERATION OF AUTHORIZING THE CITY MANAGER OR DESIGNEE TO BEGIN
NEGOTIATIONS WITH CATALYST URBAN DEVELOPMENT
Planning Manager AJ Fawver and Paris M. Rutherford IV of Catalyst Urban Development, LLC, presented
background information. A copy of the report/presentation is part of the Permanent Supplemental Record.
9. Page 160 Minutes
Vol. 104 December 18, 2012
General discussion was held on the various phases of the project, the costs associated with each phase, similar
studies in other municipalities, conducive local market place interest, expressed interest by local investors,
consultant’s expertise to recruit and showcase the City, creative collaboration and practical implementation of
community investment, investment procurement and investor networking, leveraging funds, and various funding
sources available to the City.
Commission Co-Chairs Mr. Cummins and Mr. Edwards and Board Member Ms. Rainey Alexander spoke in
support of the proposal and recommended approval.
Further discussion was held on whether Council should review the process after each proposed phase, timeline
and cost associated with each phase, whether staff should seek prior approval by City Council to proceed
through the various phases, the rate of return on City’s investment, identifying funding for the project, and
acknowledging the sunk cost within each phase of the project should City Council decide not to proceed to the
next phase.
Assistant City Manager/Chief Financial Officer Michael Dane stated funding for the project has not been
appropriated; however, staff will identify funding and present options to City Council at a future meeting.
Motion, to accept the Downtown Development Commission’s recommendation to approve the proposed scope
of service, the Letter of Intent with the understanding staff will present each Phase for City Council’s review
and approval for further direction, and authorization for staff to negotiate a contract to include the identification
of funding sources, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember
Farmer.
Councilmember Morrison suggested postponing action on the item until further discussion and review can be
held with local investors and bankers.
Public comment was made by Andre Nicholas of NR Construction and Tommy Hiebert, Baptist Memorials
Board Member, speaking in support of the project.
A vote was taken on the motion on the floor. Motion carried unanimously.
ADJOURNMENT
Motion, to adjourn the special joint meeting, was made by Mr. Fuentes and seconded by Mr. Cox. Motion
carried unanimously.
The meeting adjourned at 10:57 A.M.
RECESS
At 10:57 A.M., Mayor New called a recess.
RECONVENE
At 11:11 P.M., Council reconvened, and the following business was transacted:
ADOPTION OF A RESOLUTION APPROVING AN ASSIGNMENT OF THE DECEMBER 4, 2012 LEASE
OF THE WEST MEZZANINE, IN SUBSTANTIALLY THE ATTACHED FORM, IN THE CITY HALL
BUILDING FOR OFFICE SPACE BY AND BETWEEN THE CITY OF SAN ANGELO AND THE SAN
ANGELO PERFORMING ARTS COALITION (SAPAC), SAID ASSIGNMENT EXECUTED BY SAPAC
AS ASSIGNOR AND THE SAN ANGELO SYMPHONY SOCIETY (SYMPHONY) AS ASSIGNEE; AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONSENT TO SAID
ASSIGNMENT ON BEHALF OF THE CITY (SUBMITTED BY ASSISTANT CITY MANAGER/CHIEF
FINANCIAL OFFICER MICHAEL DANE)
10. Minutes Page 161
December 18, 2012 Vol. 104
Councilmember Morrison spoke in opposition of the lease assignment.
Motion, to adopt Resolution, as presented, was made by Councilmember Hirschfeld and seconded by
Councilmember Farmer. AYE: New, Alexander, Silvas, Hirschfeld, and Farmer. NAY: Morrison. Motion
carried 5-1.
REGULAR AGENDA: PUBLIC HEARING AND COMMENT
FIRST PUBLIC HEARING AND CONSIDERATION OF INTRODUCING ORDINANCES AMENDING
THE CODE RELATED TO ANIMAL CONTROL AND FEES:
AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3.500 OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO, TEXAS, ENTITLED “IMPOUNDMENT” BY REPEALING THIS SECTION IN ITS
ENTIRETY AND ADOPTING A NEW ARTICLE 3.500, PROVIDING FOR SEVERABILITY, PROVIDING
FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE;
AN ORDINANCE AMENDING APPENDIX A, ARTICLE 1.000 OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO, TEXAS, ENTITLED “ANIMAL CONTROL SERVICES FEES,” BY REPEALING
SECTION 1.300 ENTITLED “ANIMAL ADOPTION FEES” IN ITS ENTIRETY, AND ADOPTING A NEW
SECTION 1.300 ENTITLED “ANIMAL ADOPTION FEES,” ADDING A NEW SECTION 1.301
ENTITLED “MICRO-CHIP FEE,” PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY
AND PROVIDING FOR AN EFFECTIVE DATE;
AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3.400 OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO, TEXAS, ENTITLED “ANIMAL REGISTRATION,” BY REPEALING SECTION 3.412
ENTITLED “ADOPTION OF ANIMALS” AND SECTION 3.413 ENTITLED “NON-REGISTRATION” IN
THEIR ENTIRETY, AND ADOPTING NEW SECTION 3.412 ENTITLED “ADOPTION OF ANIMALS;
STERILIZATION REQUIREMENT,” SECTION 3.413 ENTITLED “ADOPTION OF ANIMALS BY
INDIVIDUALS,” SECTION 3.414 ENTITLED “ADOPTION OF ANIMALS BY QUALIFIED ANIMAL
RESCUE ORGANIZATIONS,” AND SECTION 3.415 ENTITLED “ADOPTION FEES,” PROVIDING FOR
SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE
Health Services Director Sandra Villarreal presented background information. A copy of the presentation is
part of the permanent supplemental record.
Reviewed the changes, informed the fees have not changed, but have been clarified; and included the microchip
fee within the ordinance,
General discussion was held on the number of animals adopted and euthanized, and the impact of increased
adoption fees. Mayor New stated the proposed ordinances do not contain increased fees but clarification on
how the fees will be applied.
Councilmember Farmer informed she had received a favorable comment from a constituent noting their
experience was pleasant and they were very complementary of the staff and service they had received.
Motion, to introduce the three ordinances, as presented, was made by Councilmember Hirschfeld and seconded
by Councilmember Farmer.
Further discussion was held on the incinerator and the cost to fix or buy a new one, implementing a city tag
program that is microchip based, coordinating the purchase of pet tags and recruiting more veterinarians to
participate in the program; and partnering with local crematoriums.
A vote was taken on the motion on the floor.
PUBLIC COMMENTS FOR AND AGAINST ANNEXATION OF CERTAIN PROPERTIES SITUATED
IMMEDIATELY WEST/SOUTHWEST OF SAN ANGELO AND ENCOMPASSING A VACANT 20.00
ACRE TRACT LOCATED AT THE SOUTHERN CORNER OF THE INTERSECTION OF U.S. HIGHWAY
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Vol. 104 December 18, 2012
67 (SHERWOOD WAY) AND A SOUTHWARD PROJECTION OF APPALOOSA TRAIL
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
permanent supplemental record.
Mayor New opened the floor for public comment. No comments were made. Mayor New closed the public
comment period.
DISCUSSION, CONSIDERATION OF, AND POSSIBLE ACTION ON A PETITION FILED BY AREA
LANDOWNERS SEEKING ANNEXATION (TO SAN ANGELO’S CITY LIMITS) OF CERTAIN
PROPERTIES SITUATED IMMEDIATELY WEST/SOUTHWEST OF SAN ANGELO AND
ENCOMPASSING A VACANT 8.995 ACRE TRACT EXTENDING NORTHWEST FROM MILLS PASS
DRIVE, AND LOCATED EAST OF THE COMMUNITY OF FAITH SUBDIVISION AND SOUTHWEST
OF THE SAM'S CLUB ADDITION
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
permanent supplemental record.
Motion, to approve the petition and proposed schedule, as presented, was made by Councilmember Hirschfeld
and seconded by Councilmember Silvas. Motion carried unanimously.
DISCUSSION OF CITY WEBSITE COSTS AND CONSIDERATION OF AUTHORIZING STAFF TO
NEGOTIATE A SUBSCRIPTION SERVICES AGREEMENT BETWEEN THE CITY OF SAN ANGELO
AND VISION INTERNET, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CONTRACT
Public Information Officer Anthony Wilson presented background information. Copy of the presentation is
part of the permanent supplemental record.
General discussion was held on how the website may interface with other city functions and ways to improve
customer service features.
Councilmember Morrison commented on the authorized amount for the redesign, the additional request for the
subscription service agreement, obtaining a local vendor, and utilizing local educational facilities. Mr. Wilson
noted staff utilized the request for proposal process and local individuals or agencies did not submit a proposal.
Motion, to authorize staff recommendation to negotiate an agreement and authorize the City Manager execute
an agreement for a subscription Vision Internet for hosting, 24/7 tech support, upgrades, new features and a
graphic redesign in four years at a cost of $6K/year with a 3-percent annual rate increase for a total first-year
cost of $40,150.00, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember
Farmer.
Public comment was made by Citizen Jim Turner suggesting the City should take a different approach to
develop a long term website strategy.
A vote was taken on the motion on the floor. Motion carried unanimously.
RECESS
At 12:16 P.M., Mayor New called a recess.
RECONVENE
At 12:40 P.M., Council reconvened, and the following business was transacted:
12. Minutes Page 163
December 18, 2012 Vol. 104
EXECUTIVE/CLOSED SESSION
At 12:40 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open
Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to
Requirement that Meetings be Open, 551.072 to deliberate the purchase, exchange, lease, or value of real
property; and, Section 551.087 to discuss an offer of financial or other incentive to a company or companies
with whom the City of San Angelo is conducting economic development negotiations and which the City of San
Angelo seeks to have, locate, stay or expand in San Angelo.
OPEN SESSION (continued)
At 12:59 P.M. City Council concluded the Executive/Closed Session whereupon the following business was
transacted:
RECESS
At 12:59 P.M., Mayor New called a recess.
RECONVENE
At 1:07 P.M., Council reconvened, and the following business was transacted:
APPROVAL OF THE CORRECTION OF A PREVIOUS CHANGE ORDER TO THE CONTRACT WITH
STODDARD CONSTRUCTION MANAGEMENT INC. (SCMI) (PUR-04-10B) FOR THE
CONSTRUCTION OF THE CITY HALL PLAZA CENTRAL PLANT AND FOR ADDITIONAL WORK
RELATED TO THE AUDITORIUM TO INCREASE THE CONTRACT AMOUNT BY $71,805.00 AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY RELATED
DOCUMENTS
Assistant City Manager Rick Weise presented background information.
Motion, to approve, as presented, was made by Councilmember Silvas and seconded by Councilmember
Farmer. Motion carried unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2012-2013
BUDGET FOR GRANTS, NEW PROJECTS AND INCOMPLETE PROJECTS
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS.
Budget Manager Morgan Trainer presented background information.
Motion, to approve introduction of Ordinance, was made by Councilmember Hirschfeld and seconded by
Councilmember Farmer. Motion carried unanimously.
APPROVAL OF A RECOMMENDATION BY THE CITY OF SAN ANGELO DEVELOPMENT
CORPORATION (COSADC) BOARD OF DIRECTORS TO RATIFY CHANGE ORDERS 1 THROUGH 4
TO CONTRACT NO. COSADC-01-11, THE BUSINESS RESOURCE CENTER, FUNDED BY COSADC
TO COVER THE ADDITIONAL COSTS INCURRED AS A RESULT OF REQUIRED STRUCTURAL
MODIFICATIONS TO THE SECOND FLOOR AREA UNKNOWN UNTIL AFTER THE START OF
CONSTRUCTION, THE COST OF ADDITIONAL DEMOLITION, PROVISION OF SIGNAGE AND
OTHER CONTRACTOR CHANGE ORDERS IN THE AMOUNT OF $150,485.69 AND ANY OTHER
ACTION IN CONNECTION THERETO
Community and Economic Development Director Shawn Lewis presented background information.
Motion, to approve the recommendation, as presented, was made by Councilmember Farmer and seconded by
Councilmember Hirschfeld. Motion carried unanimously.
13. Page 164 Minutes
Vol. 104 December 18, 2012
DISCUSSION AND DIRECTION TO STAFF REGARDING POSSIBLE WATER CONSERVATION
EFFORTS, PROGRAMS OR INCENTIVES
Assistant City Manager/Chief Financial Officer Michael Dane and Customer Service Manager Toni Fox
presented background information. A copy of the presentation is part of the Permanent Supplemental Record.
General discussion was held on incentive options, e.g. coupon discounts verses the City purchasing products,
conservation credits related to utility statements, new construction, and installation of water saving measures,
credit on construction permits, internal three year policy to receive a forgiveness waiver credit on water or sewer
line repairs. In conclusion, Council suggested staff reconsider the three year policy and present further
information on the suggested options at a future meeting.
DISCUSSION OF THE LATE FEES ASSOCIATED WITH THE CITY’S UTILITY BILL AND ANY
ACTION IN CONNECTION THERETO
Assistant City Manager/Chief Financial Officer Michael Dane presented background information. A copy of the
presentation is part of the Permanent Supplemental Record.
General discussion was held on possible alternatives available for those citizens on fixed incomes, considering a
percentage or tiered fee structure versus a fixed amount as the late fee, the issues related to the percentage
calculation, and questioned the date and 3:00 P.M. deadline policy.
City Manager Daniel Valenzuela informed the late fee is assessed if the invoice is $30 or more. Ms. Fox
clarified the department has a program for individuals on Social Security or Disability. The individual must
make the request to participate in the program and the appropriate documentation must be provided.
Assistant City Manager Michael Dane explained the annual late fee projection amount is included in the
proposed department revenue. Councilmember Farmer added late fees and related matters are regulated by the
Public Utility Commission.
Public comments were made by Citizen Jim Turner.
DISCUSSION OF THE WATER UTILITY BILLING STRUCTURE AND PROCEDURE
Requested by Councilmember Morrison and Assistant City Manager/Chief Financial Officer Michael Dane
presented background information. A copy of the presentation is part of the Permanent Supplemental Record.
Councilmember Morrison commented the presented information was informative however not what he had
requested. He clarified his request stated he wanted an independent audit and investigation of the Water
Utilities Department, including the utility billing system.
Responding to a question from Councilmember Silvas, Mr. Dane stated staff will research whether the
statements can be printed in Spanish.
FOLLOW UP AND ADMINISTRATIVE ISSUES
CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION
No action was taken on matters discussed in Executive/Closed Session.
APPROVAL OF VARIOUS BOARD NOMINATIONS BY COUNCIL AND DESIGNATED
COUNCILMEMBERS:
CONFIRMATION OF THE PARK COMMISSION’S NOMINATION, JULIA LANE, TO THE PARKS AND
RECREATION ADVISORY BOARD
Motion, to approve various board nominations by Council and designated Councilmembers, was made by
14. Minutes Page 165
December 18, 2012 Vol. 104
Councilmember Hirschfeld and seconded by Councilmember Silvas. Motion carried unanimously.
ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS
City Manager Daniel Valenzuela distributed the proposed January 8, 2013 Agenda and solicited Council
comments and suggestions.
Councilmember Morrison requested a discussion an independent audit and investigation of the Water Utilities
Department, including the utility billing system and the parameters of the related audit.
City Attorney Lysia H. Bowling explained the City complies with the Charter requirement under Section 34.
Audit and Examination and under state law there is no vehicle for such a request. However, she noted the City
Manager may direct staff to conduct a separate audit.
Councilmember Hirschfeld suggested the request be submitted to the Audit Committee for further
consideration.
Mr. Valenzuela stated staff is reviewing several issues and concerns that have been brought to staff’s attention.
He informed staff will submit an exceptions report to City Council and denote all complaints received and how
the issues are being resolved. Mr. Valenzuela also noted the City is in the process of beginning a new fiscal
audit and specific direction or instruction can be requested of the auditors.
At 2:21 P.M., Councilmember Farmer left the meeting and did not return.
Councilmember Alexander informed an audit was performed by Neptune/Automatic Meter Reading (AMR), the
City’s vendor for the water meters, and no press release was made staff. He requested an update and report on
the AMR system and alert system mechanisms available to citizens.
Mr. Alexander also requested clarification on the legality of golf carts on public streets.
ADJOURNMENT
Motion, to adjourn, was made by Councilmember Silvas and seconded by Councilmember Morrison. Motion
carried unanimously.
The meeting adjourned at 2:31 P.M.
THE CITY OF SAN ANGELO
___________________________________
Alvin New, Mayor
ATTEST:
_______________________________
Alicia Ramirez, City Clerk
In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this
meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council
meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from
the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording
may be distorted due to equipment malfunction or other uncontrollable factors.)
17. City of San Angelo
Memo
Date: December 11, 2012
To: Mayor and Councilmembers
From: Ricky Dickson, Water Utilities Director
Subject: Consent Agenda Item for January 8, 2013 Council Meeting
Contact: Ricky Dickson, Water Utilities Director, 657-4209
Caption: Consideration of award of bid for WU-14-12 Wastewater Irrigation Pump to Xylem
Incorporated / Flygt Products for $54,678 and authorizing the City Manager or his designee to execute
contract documents.
Summary: Bids have been received from one vendor for the purchase of a pump. This pump is a
replacement for an older pump. The bid was submitted by Xylem Incorporated / Flygt Products (Carrollton,
Texas).
History: This pump distributes wastewater effluent for irrigation flow.
Financial Impact: Bid amount - $54,678; budgeted under the Wastewater Capital Projects–
Wastewater Plant Repairs.
Related Vision Item (if applicable): None.
Other Information/Recommendation: It is recommended the low bid be accepted.
Attachments: Bid Tabulation
Presentation: None.
Publication: None.
Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, December 11,
2012
18. CITY OF SAN ANGELO
BID TABULATION * RFB NO: WU-14-12/Irrigation Pump * October 18, 2012
Xylem Corp
No. Item Unit Est Qty Unit Cost Extended Price
1 Irrigation Pump Ea 1 $ 54,678.00 $ 54,678.00
Total Bid $ 54,678.00
Delivery Days 95
Piggy Back Availibility: YES
Payment Discount: Net 60
Bids Mailed To:
Global Pump Davison MI
Godwin Pumps China GroveTX
Griffin Dewatering Houston TX
Hahn Equipment Co. Inc. Houston TX
ITT Flygt Corporation Carrollton TX
Odessa Pumps Odessa TX
Rain for Rent San Antonio TX
Smith Pump Company, Inc. Waco TX
Sunbelt Rentals Pump & Power Services Fort Worth TX
Y:12-RFXWater UtilitiesWU1412 Wastewater PumpBid Tab-Final
19. City of San Angelo
Memo
Date: December 26, 2012
To: Mayor and Councilmembers
From: Ricky Dickson, Interim Water Utilities Director
Subject: Agenda Item for January 8, 2013 Council Meeting
Contact: Ricky Dickson; 657-4209
Caption: Regular Item
Consideration of authorization to execute a change order to Archer Western
Construction LLC not to exceed $400,000.00 on the Hickory Booster Pump
Station Project (WU-05-12) for brush clearing required for the expansion of
the well field and authorizing the City Manager or his designee to execute all
documents for the change order
Summary: This change order is being requested to clear brush for seven potential well sites
in order to prevent delays on the expansion of the Hickory well field. Due to work
restrictions in the potential Black Capped Vireo habitat from March 15 to
September 15 of each year, there is a window of opportunity from January to
March 15 to conduct clearing operations for the potential well sites and rights of
ways. Clearing will consist of brush removal, grubbing and grinding vegetation for
access routes, well locations, well field piping and electrical power lines.
This change order is for additional work necessary for the well field expansion.
None of the work required for the well field expansion was included in the original
contract with Archer Western Construction, LLC. The brush clearing and right of
way improvements that has been performed by Archer Western was only for the
existing well field.
History: On May 15, 2012 a contract in the amount of $12,853,000 was awarded to Archer
Western Construction, LLC for the construction of the Hickory Booster Pump
Station and Well Field. Work in this contract included clearing brush in the
existing well field.
Financial Impact: Total estimated cost for removal of approximately 37,400 feet of brush: not to
exceed $400,000
Due to time constraints and mandatory review process required by the Texas
Water Development Board, funding may not be released for this section of brush
clearing.
Related Vision Item
(if applicable):
Other Information/ Staff recommends approval of the change order.
Recommendation:
Attachments: Change Order #1 and Map of proposed well locations.
Presentation: None.
20. Publication: None.
Reviewed by Ricky Dickson, Interim Water Utilities Director; 657-4209
Director:
Approved by Legal:
21. Figure 2. Overview of Potential Black-capped Vireo Habitat
1
-1
SW
W
Segment A
8
-1 5 0
SW -1 -1
W SW SW
W W
Segment B
9
-1 -9
SW SW
W
8
W
-8
SW -7
Segment C W SW
W -6
-1 SW
W
SW
W
Segment F
Segment G
0
-2 -1
6
2 2
SW SW
-1 -2
W SW -4
W
W SW SW
W W
-3
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SW
W
Proposed Wells
Proposed Wells
1
-2 -1
7 4 3
SW -1 -1
SW SW
W W W SW -5
W
SW
W -2
µ
Segment E SW
W
Legend
Miles Hickory Two Water Supply Line Turner Biological Consulting
Proposed Pipeline Existing Electrical 0 0.125 0.25 0.5 City of San Angelo, TX
Black-Capped Vireo Habitat Delineation
/
" Proposed Wells Existing Pipeline Corridor Turner Biological Consulting Phone: (325) 572-5131
PRELIMINARY THIS DOCUMENT SHALL NOT BE File:Z:Hickory Water Supply2012Proposed Wells 10-11-12_TWC.mxd 618 West St Fax: (325_ 572-5238
.
! Existing Wells Black-capped Vireo Habitat RECORDED FOR ANY PURPOSE Drawn By: TWC Coord. Sys. - State Plane NAD83 Updated: 10/11/2012 Buffalo Gap, TX 79508 http://www.turnerbio.com
* Tur ne r Bio lo gi ca l Co nsu lting ma kes no rep re sen tatio ns, gu ar an te es, o r war ran tie s, e xpre ssed or im pl ied , a s to th e a ccur acy, com ple ten ess, con ten t, cur re ncy, sui ta bi lity, an d time lin ess of the info rma ti on p ro vid ed vi a this m a p.
22. City of San Angelo
Memo
Date: December 20, 2012
To: Mayor and Councilmembers
From: Ricky Dickson, Interim Water Utilities Director
Subject: Agenda Item for January 8, 2012 Council Meeting
Contact: Ricky, Interim Water Utilities Director, 657-4209
Caption: Consent Item
Consideration of authorizing the sale of the following residential properties for the appraised
value and authorizing the Mayor, City Manager, or Water Utilities Director to execute all
necessary legal documents pertaining to the sale of subject properties, subject to completion
of all curative requirements.
Summary: Deborah Ann Graves 3009 Red Bluff Circle
Lot 57, Group Red Bluff $77,700
Herbert and Johnnie Reynolds 2872 Red Bluff Road
Lot 34, Group Red Bluff $88,200
Pete and Melody Hettinga 3257 Red Bluff West
Lot 112, Group Red Bluff $78,800
History: None.
Financial Impact: Proceeds from the sale of lake lots go into the Lake Nasworthy Trust Fund.
Related Vision Item (if applicable): None.
Other Information/Recommendation: If the sales are approved at the appraised value, a title
examination will be performed and legal staff will prepare a Real Estate Contract of Sale, Special
Warranty Deed and Surrender of Lease, as previously approved by City Council.
Staff recommends approval.
Attachments: Appraisal Reports (Graves); (Reynolds); and (Hettinga)
Presentation: None.
Publication: None.
Reviewed by Service Area Director: Ricky Dickson, Interim Water Utilities Director,
December 20, 2012.
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153. City of San Angelo
Memo
Date:
To: Mayor and Councilmembers
From: Carl White, Parks & Recreation Director
Subject: Agenda Item for January 8, 2013 Council Meeting
Contact: Carl White, 325-234-1724
Caption: Consent Item
rd
Consideration of adopting a Resolution requesting the members of the 83
Legislative Session of the State of Texas support legislation that increases funding
for the Texas Recreation and Parks Account and Large County and Municipality
Recreation and Parks Account local park grant programs, and the Texas State
Park System.
rd
Summary: Staff recommends adoption of a Resolution requesting the members of the 83
Legislative Session of the State of Texas support legislation that increases funding
for the Texas Recreation and Parks Account and Large County and Municipality
Recreation and Parks Account local park grant programs, and the Texas State
Park System and authorizing the Mayor or City Manager to execute the
Resolution.
The attached draft Resolution outlines many of the benefits of granting programs
and state park system.
History: There is no history on this item however, the City of San Angelo has benefited
directly by these grant programs in the past when they were adequately funded. In
the last 10 years, San Angelo has received approximately $1,400,000 from these
programs for parks and trails improvements. We are also blessed to have a State
Park in our backyard but it needs better funding.
Financial Impact: N/A
Related Vision Item N/A
(if applicable):
Other Information/ Staff recommends approval.
Recommendation:
Attachments: Proposed Resolution.
Presentation: N/A
Publication: N/A
Reviewed by Rick Weise, Assistant City Manager
Director:
Approved by Legal: December 7, 2012
154. RESOLUTION
A RESOLUTION OF THE CITY OF SAN ANGELO CITY COUNCIL
REQUESTING THE MEMBERS OF THE 83rd LEGISLATIVE SESSION
OF THE STATE OF TEXAS SUPPORT LEGISLATION THAT
INCREASES FUNDING FOR THE TEXAS RECREATION & PARKS
ACCOUNT AND LARGE COUNTY AND MUNICIPALITY
RECREATION AND PARKS ACCOUNT LOCAL PARK GRANT
PROGRAMS, AND THE TEXAS STATE PARK SYSTEM
WHEREAS, the Texas Parks & Wildlife Department (“TPWD”) administers the Texas
Recreation & Parks Account Local Park Grant Program (“TRPA”) and the Large County and
Municipality Recreation and Parks Account (Urban Account) and manages 94 State parks and
historical sites in Texas; and
WHEREAS, TPWD has a separate accounts in their general revenue fund referred to as the
TRPA and Urban Account for the purpose of providing matching grants to political subdivisions
for parks and recreation projects, and for outreach grants to introduce new populations to outdoor
experiences; and
WHEREAS, the matching grants provided by the TPWD are utilized for the planning,
acquisition, and development of local park, recreation and open space areas to be owned and
maintained by political subdivisions; and
WHEREAS, funds granted to political subdivisions under the TRPA and Urban Account
guidelines have funded 1629 projects of the 3,470 submitted over 30 years delivering over $800
million to the local Texas economy; and
WHEREAS, political subdivisions throughout the State of Texas depend on grants from TPWD
through the TRPA to stimulate the acquisition and development of parks and recreational areas
for the benefit and enjoyment of their citizenry; and
WHEREAS, the TRPA, Urban Account, and State parks are funded from sales tax on sporting
goods and that the development of new parks stimulates the purchase of sporting goods; and
WHEREAS, the maintenance and improvements of State park and historic sites and the addition
of new parks is a priority to Texans due to the State’s expanding population and extensive
tourism industry; and
WHEREAS, the development of parks encourages and promotes public health, economic
development, job creation, education; corporate relocations, an improved quality of life, and
juvenile crime prevention; and
155. WHEREAS, funds are needed for major repairs at state parks and for the acquisition and
development of parks and facilities; and
WHEREAS, it is the desire of this City Council that a copy of this resolution with appropriate
names affixed be presented to the Governor of Texas and the leadership of the 83rd Texas
Legislature.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SAN ANGELO, TEXAS:
1. That members of the 83rd Legislature of Texas seek passage of legislation
maximizing the use of revenue from the sporting goods sales tax to increase funding
for parks and recreation programs for both Local and State parks and that all TRPA
and Urban Account funded park projects be subject to the established TPWD
competitive scoring system.
2. That members of the 83rd Legislature of Texas restore funding to the TRPA and
Urban accounts in the amount of at least $15.5 million per year.
PASSED AND APPROVED by the ____________________ City Council on this the ____ day
of _____________________ 2012.
APPROVED:
______________________________
Mayor, Alvin New
ATTEST:
______________________________
Alicia Ramirez, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT
______________________________ ______________________________
Lysia H. Bowling, City Attorney Carl White, Directors of
Parks & Recreation
156. City of San Angelo
Memo
Date: December 27, 2012
To: Mayor and Councilmembers
From: Ricky Dickson, Interim Water Utilities Director
Subject: Agenda Item for January 8, 2013 Council Meeting
Contact: Ricky Dickson; 657-4209
Caption: Consent Item
Consideration of adopting a Resolution at the request of Charles Becker and
Mary Becker, Grantees, authorizing the City Manager or his designee to
negotiate and execute on behalf of the City of San Angelo as Grantor, a
conditional, nonexclusive access easement appurtenant to a land-locked
parcel at 2059 Christoval Road, for access to Old Christoval Road, over a
city-owned parcel.
Summary: The city has been requested to grant an access easement over a city owned
parcel so that a privately owned parcel may gain access to a public street. The
property is surrounded on three sides by city owned property and the South
Concho River on the fourth side. As a condition of the easement, the landowner
will make improvements along the access route and will also prevent public use of
the easement. The city will benefit from this easement agreement by being
granted use of the improvements while the said improvements will also prevent
the general public from accessing city owned property.
History: The requestors are in the process of purchasing the property in question and are
planning to make physical improvements on the property. Before these
improvements can be made access to a public right of way is required. Due to the
location of the property the only viable option available is over a city owned parcel.
Financial Impact: none
Related Vision Item
(if applicable):
Other Information/ Staff recommends approval of the access easement.
Recommendation:
Attachments: Resolution, Easement, and Map of proposed access easement.
Presentation: None.
Publication: None.
Reviewed by Ricky Dickson, Interim Water Utilities Director; 657-4209
Director:
Approved by Legal:
157.
158. Notice of confidentiality rights: If you are a natural person, you may remove or strike
any or all of the following information from any instrument that transfers an interest in
real property before it is tiled for record in the public records: your Social Security
number or your driver's license number.
NONEXCLUSIVE EASEMENT FOR ACCESS AGREEMENT
Effective Date: January , 2013
Grantor: City of San Angelo, Texas
Grantor’s Mailing Address: 72 W. College Ave.
San Angelo, Texas 76903
Grantee: Charles Becker and Nancy Becker, husband and wife.
Grantees’ Mailing Address: 2500 N. Bryant Blvd.
San Angelo, Texas 76903
Dominate Estate Property: Certain real property located within the corporate limits of
the City of San Angelo, Tom Green County, State of Texas, commonly known as 2059
Christoval Road, and as more particularly described on Exhibit “A” attached hereto, and made a
part hereof for all purposes.
Easement Property/Servient Estate: Certain real property generally described as fronting
on the west side of the 2000 to 2100 blocks of Christoval Road, San Angelo, Tom Green County,
State of Texas, as more particularly described on Exhibit ”B” attached hereto and made a part
hereof for all purposes.
Easement Purpose: For providing non-exclusive, free and uninterrupted pedestrian and
vehicular ingress and egress from the Dominate Estate Property to and from Christoval Road,
said pedestrian and vehicular ingress and egress being limited to the residential use of the
Dominate Estate Property, and subject to conditions herein provided
Consideration: Ten and No/100 Dollars and other good and valuable consideration., the
receipt and sufficiency of which are hereby acknowledged by the Grantor.
Reservations from Conveyance of Easement Rights: Grantor expressly reserves all oil,
gas, and other minerals owned by Grantor, in, on, and under the Easement Property provided that
Grantor shall not drill or excavate for minerals on the surface of the Easement Property, but may
extract oil, gas, or other minerals from and under the Easement Property. Grantor reserves, and
the easement rights granted herein are subject to, any and all existing easements, prescriptive
rights, rights-of-way, leases, and subleases affecting the Easement Property, or any part thereof,
whether of record or not, and all presently recorded matters that affect the Easement Property.
The Easement is further made subject to all future easements, leases, and sublease to the extent
Page 1 of 7
Nonexclusive Easement Agreement for Access Agreement; City of San Angelo/Charles Becker
159. that the same do not unduly interfere with Grantees’ rights hereunder. Grantor reserves the right
to use, and to permit its agents, employees, contractors, and invitees, to use the Easement
Property and the Easement to access the adjoining or nearby property of Grantor or the
Dominant Estate. Grantor further reserves the right to otherwise use and enjoy the Easement
Property insofar as the exercise thereof does not endanger or interfere with the existence and
maintenance of the Purpose of this easement.
Exceptions to Warranty: This easement is being given by Grantor without any warranty of
any kind either expressed or implied.
Grant of Easement: Grantor, for the consideration and subject to the Reservations from
Conveyance, Exceptions to Warranty, and the Terms and Conditions set forth herein, grants,
sells, and conveys to Grantees and Grantees’ heirs, successors, and assigns (hereinafter
collectively “Grantees”), a non-exclusive, easement appurtenant over, on, and across the
Easement Property for the Easement Purpose and for the benefit of the Dominant Estate
Property, together with all and singular the rights and appurtenances thereto in any way
belonging (collectively, the “Easement”), to have and to hold the Easement to Grantees and
Grantees’ heirs, successors, and assigns forever. Grantor binds Grantor and Grantor’s successors
and assigns to warrant and forever defend the title to the Easement in Grantees and Grantees’
heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the
Easement or any part thereof, except as to the Reservations from Conveyance and Exceptions to
Warranty to the extent that such claim arises by, through, or under Grantor but not otherwise.
Terms and Conditions: The following Terms and Conditions apply to the Easement
granted by this Agreement:
1. Character of Easement. It is distinctly understood and agreed that the
Easement granted herein does not constitute a conveyance in fee of the Easement
Property, nor the minerals therein and thereunder, but grants only a nonexclusive
easement subject to terms and conditions. The Easement is appurtenant to and
runs with all or any portion of the e Dominant Estate Property, whether or not
the Easement is referenced or described in any conveyance of all or such
portion of the Dominant Estate Property. The Easement is nonexclusive and i s
t e r m i n a b l e a s p r o v i d e d h e r e i n . The Easement is for the benefit of
Grantee and Grantee's heirs, successors, and assigns who at any time own the
Dominant Estate Property or any interest in the Dominant Estate Property (as
applicable, the "Holder").
2. Duration of Easement. The duration of the Easement is perpetual, subject to
termination or reversion as herein provided.
3. Reservation of Rights. Grantor reserves for Grantor and Grantor's ,
successors, and assigns the right to continue to use and enjoy the surface of the
Easement Property for all purposes that do not interfere with or interrupt t h e use
or enjoyment of the Easement by Holder for the Easement Purposes. Grantor
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160. reserves for Grantor and Grantor's successors, and assigns the right t o use all or
part of the Easement in conjunction with Holder and the right to con vey to others
the right to use all or any part of the Easement in conjunction with Holder
4. Secondary Easement. Holder has the right (the ·'Secondary Easement") to
use a s much of the surface of the property that is adjacent to the Easement
Property ("Adjacent Property'') as may be reasonably necessary to in stall and
maintain a road reasonably suited for the Easement Purpose with in the Easement
Property. However, Holder must promptly restore the adjacent Property to its
previous physical condition if changed by use of the rights granted by this
Secondary Easement.
.:;
5. Improvements and Maintenance of the Easement Property. Improvement and
maintenance of the Easement .Property for the easement purposes will be at the
sole expense of Grantees.
a) Grantees must continuously maintain the Easement Property and road
and access related improvements in a neat clean condition, and reasonably
passable for pedestrian and vehicular access.
b) Grantees s h a l l construct, install, a n d maintain at Grantees’ sole risk, cost and
expense, a road ( "Road Improvements ") over or across the Easement
Property in conformance with plans submitted to and pre-approved in
writing by the Director of Water Utilities for the City of San Angelo. All
matters concerning the c o n s t r u c t i o n , configuration, installation,
maintenance, replacement, and removal of the Road and access related
improvements s ha ll be per forme d in f ull compliance with applicable
federal and state laws, municipal ordinances, other applicable regulations,
and performance of Grantees' obligations under this agreement.
c) On written request by G r a n t o r , the Grantees will execute or join in the
execution of easements for sewer, drainage, electric, gas or other utility
facilities under or across the Easement Property.
d) If, in exercising Grantees’ rights under this agreement, Grantees directly or
indirectly cause any damage to the Easement Property not contemplated by
this Agreement or any damage to any property of Grantor, or any other
property appurtenant thereto, or any improvements located on any property
of Grantor or on any other property appurtenant thereto, Grantees shall, at
Grantees’ sole cost and expense and within a reasonable time after the
exercise of such rights, but in no event later than thirty (30) days from the
date the damage occurred, restore the Easement Property, all other such
property, and such improvements to their original condition existing prior
to the change or damage.
6. Equitable Rights of Enforcement. Grantor or Grantees a g r e e t h a t e i t h e r
party shall be entitled to enforcement of the terms and
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161. c o n d i t i o n s o f t h i s a g r e e m e n t by restraining order and appropriate injunctive
relief (temporary or permanent) issued by a court having jurisdiction in Tom Green
County, Texas. Restraining orders and injunctions will be obtainable on proof of
the existence of interference or threatened interference, with out the necessity of
proof of inadequacy of l egal remedies or irreparable harm, and w ill be obtainable
only by the parties to or those benefited by this agreement; provided, however ,
that the act of obtaining an injunction or restraining order w ill not be deemed to
be an el ecti on of remedies or a waiver of any other rights or remedies available at
law or in equity.
7. Termination of Easement.. This Easement agreement may be terminated at the election
of Grantor, exercised upon written notice thereof given to Grantees, upon the occurrence
of any one of the following conditions, at which time the easement agreement shall
automatically become null and void and re-vests in Grantor:
a. Grantees’ failure to complete construction of the Road providing reasonable
pedestrian and vehicular access over and across the Easement Property from the
Christoval Highway to the Dominate Estate under the terms and conditions of this
agreement within three (3) years of the Effective Date first, hereinabove written.
b. Grantees’ failure to maintain the Easement Property in a condition permitting
reasonable pedestrian and vehicular access for a continuous period of one (1) year
or longer, which the parties agree shall be deemed a voluntary and intentional
abandonment of the easement by Grantees.
c. Grantees’ failure to construct a habitable residential structure on Dominant Estate
Property within ten (10) years from date hereof.
8. .Attorney's Fees. If either party retains an attorney to enforce this agreement,
the party prevailing in litigation is entitled to recover reasonable attorney's fees
and court costs.
9. Binding Effect. This agreement binds and inures to the benefit of the parties
and their respective heir s, successors, and permitted assigns.
10. Choice of Law. This agreement will be construed under the laws of the
State of Texas. Venue shall lie in Tom Green County, Texas.
11. Counterparts. This agreement may be executed in any number of
counterparts with the same effect as if all signatory parties had signed the same
document. All counterparts will be construed together and will constitute one
and the same instrument.
12. Waiver of Default. It is not a waiver of or consent to default if the non-defaulting
party fail s to declare immediately a default or delays in taking any action.
Pursuit of any remedies set forth in this agreement does not preclude pursuit of
other remedies in this agreement or provided by law.
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162. 13. Further Assurances. Each party agrees to execute and deliver any additional
documents and instruments and to perform any additional acts necessary or
appropriate to perform the terms, provisions, and condition s of this agreement
and all transaction s contemplated by this agreement
14.Release and Indemnity Grantees hereby agree to release Grantor and
its agents, successors and assigns of and from any and all claims,
demands, actions and causes of action arising from or related to
Grantee’s use of the Easement Property. Grantees, individually and
on behalf of their heirs, successors and assigns (collectively
“Grantees”) further agree to indemnify, defend, and hold harmless
the Grantor and Grantor’s agents, successors and assigns from any
and all Claims losses, attorney's fees, o r expenses arising out of or
attributable to the exercise by Grantees of the rights or obligations
under this agreement or attributable to Grantees’ breach or default
of any provision of this agreement. The provisions of this paragraph
number 14 shall survive termination of this agreement for so long as
any liability could be asserted. Nothing herein shall require Grantees
to indemnify, defend or hold harmless any indemnified party for the
indemnified party’s own gross negligence or willful misconduct.
15. Entire Agreement. This agreement and the exhibits made a part hereof constitute
t h e entire agreement of the parties concerning the grant of the Easement by
Grantor to Grantees. There are no representations, agreements, warranties, or
promises that are not in this agreement and the exhibits made a part hereof.
16. Legal Construction. lf any provision in this agreement is for any reason
unenforceable, to t h e extent the unenforceability does not destroy the basis of
the bargain among the parties, the unenforceability will not affect any other
provision hereof , and this agreement will be construed as if the unenforceable
provision had never been a part of the agreement. Whenever context requires,
the singular will include the plural and neuter include the masculine or feminine
gender, and vice versa . Article and section headings in this agreement are for
reference only and are not intended to restrict or define the text of any section.
17. Notices. Any notice required or permitted under this agreement must be
in writing. Any notice required by this agreement will be deemed to be
delivered (whether actually received or not) when deposited with the United
States Postal Service, postage prepaid , certified mail , return receipt requested ,
and addressed to the intended recipient at the address shown in this agreement.
Notice may also be given by regular mail, personal delivery, courier delivery,
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Nonexclusive Easement Agreement for Access Agreement; City of San Angelo/Charles Becker
163. facsimile transmission, or other commercially reasonable means and will be
effective when actually received. Any pa r ty address for notice may be changed
by written not ice delivered as provided herein.
18. Time. Time is of the essence with respect to the performance of all obligations of
the Grantees under this agreement.
19. Benefit. This agreement and the terms and conditions contained herein shall
inure to the benefit of and be binding upon the Grantees and Grantor, and their
respective heirs, personal representatives, successors, and assigns.
20. Construction of Agreement. Each party hereto acknowledges that it and its counsel
have reviewed this Easement Agreement, that its terms are the result of negotiation
between the parties, and that the normal rule of construction shall not be applicable and
there shall be no presumption that any ambiguities will be resolved against the drafting
party in interpretation of this agreement.
[Signature Page to Follow]
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164. IN WITNESS WHEREOF, the parties have executed this NONEXCLUSIVE
EASEMENT FOR ACCESS AGREEMENT.
CITY OF SAN ANGELO, TEXAS:
ATTEST: By: ____________________________
Daniel Valenzuela, City Manager
Alicia Ramirez, City Clerk
GRANTEES:
Charles Becker
Mary Becker
STATE OF TEXAS §
§
COUNTY OF TOM GREEN §
This instrument was acknowledged before me on _____________________, 2013, by
Daniel Valenzuela, as City Manager of the City of San Angelo, a Texas home-rule municipal
corporation, on behalf of said corporation.
__________________________________
Notary Public, State of Texas
STATE OF TEXAS §
§
COUNTY OF TOM GREEN §
This instrument was acknowledged before me on _____________________, 2013, by
CHARLES BECKER and MARY BECKER. .
__________________________________
Notary Public, State of Texas
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