1.City Council Agenda Page 1 of 5 July 16, 2013 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, July 16, 2013 McNease Convention Center, South Meeting Room 500 Rio Concho Drive San Angelo, TX 76903 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 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. 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 C. Proclamation Americans with Disabilities Act (ADA) Awareness Day, July 25, 2013, to be accepted by Mary Palos and Rosalinda Rivera with Disability Connections Resource Center 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 June 25, 2013 City Council Special meeting minutes and July 2, 2013 City Council Regular meeting minutes 2. Consideration of approving new lake lot residential lease located at Lot 58A, Group Shady Point, 1602 Shady Point Circle (Steely) and authorizing the Mayor, City Manager, or Water Utilities Director to execute the same (submitted by Ricky Dickson Water Utilities Director) 3. Consideration of adopting a Resolution of the City of San Angelo authorizing the Mayor to execute a tax-resale (quitclaim) deed conveying all right, title and interest of the City of San Angelo, and all other taxing units interested in the Tax Foreclosure Judgment or Tax Warrant: a. 329 13th Street, (Perez), Lot 2, Block 2, Pecan Place, $750, Suit No.TAX90-0083B b. 105 Railroad Avenue, (Perez), Lot 9, Salvato S/D of Block 2 of Kirby S/D, $750, Suit No.B-4723- B

2. City Council Agenda Page 2 of 5 July 16, 2013 III. REGULAR AGENDA: F. EXECUTIVE/CLOSED SESSION Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open under the following sections: Section 551.071(1) to consult with attorney regarding Red Arroyo and West Texas Water Partnership Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding Red Arroyo Section 551.074(1) to deliberate the appointment, evaluation, reassignment, duties, discipline, or dismissal of the San Angelo City Manager, Assistant City Managers, all the Department Directors, and Acting or Interim Department Directors G. PUBLIC HEARING AND COMMENT 4. Consideration of approving an amendment to the Vision Plan Component of the San Angelo Comprehensive Plan Update adopted in 2009, specifically properties located between 43rd Street to the North, Coliseum Drive to the East, 40th Street to the South and Grape Creek Road and Chadbourne Street to the West, in Northwestern San Angelo (Presentation by Interim Senior Planner Jeff Hintz) 5. 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 Z13-20: David Jenson 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: 1650 Iowa Avenue, 1649 and 1650 Nebraska Avenue, located at the east corner lots at the intersections of Nevada Drive and Iowa Avenue and Nevada Drive and Nebraska Avenue. This property specifically occupies the Capitol Heights Addition, Section 5, Block 6, Lot 42 and Block 11, Lot 1 and Lot 26, in southwest San Angelo, changing the zoning classification from Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to Single-Family Residential (RS- 1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Interim Senior Planner Jeff Hintz) 6. 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 13-21: Clark Wilson 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: 3704, 3712, & 3720 North Chadbourne Street, located directly southeast of the intersection of North Chadbourne Street, West 38th Street, and Coliseum Drive, and 175 feet northeast of the intersection at North Chadbourne Street and East 37th Street; more specifically occupying approximately 2 acres out of the Mather Addition No. 2; portions of Blocks 11 & 12 including the North 79.45 feet of south 229.45 feet of the west part of Blocks 11 & 12; the north 70.8 feet of South 300.25 feet of the west part of Blocks 11 & 12 and the south 170 feet of north 303 feet of west 318.83 feet of Blocks 11 & 12 in northwest San Angelo, changing the zoning 3. City Council Agenda Page 3 of 5 July 16, 2013 classification from a General Commercial/Heavy Commercial (CG/CH) &Single-Family Residential (RS-1) to a General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Interim Director of Development Services AJ Fawver) 7. First Public Hearing and consideration of introducing an Ordinance annexing approximately 24.484 acres situated immediately west/southwest of San Angelo and encompassing a vacant 24.484 acre tract extending northwest from Mills Pass Drive, and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the proposed Prestonwood Addition, Section Two (Presentation by Interim Director of Development Services AJ Fawver) 8. Consideration of adopting a Resolution recommending to the Texas Department of Transportation that Concho Valley Transit District (CVTD) be chosen as the direct recipient for federal funds in accordance with Title 49, Subtitle III, Chapter 53, Section 5307 of the United States Code, for the San Angelo urbanized area; authorizing the City Manager to execute any documents required to evidence the Citys support of CVTD as the direct recipient for Federal Section 5307 Funding; and, providing for an effective date (Presentation by Finance Director Tina Bunnell) 9. Public Hearing and consideration of approving the 2013 Annual Action Plan for use of Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds and authorizing City Manager to execute the applications, required certifications, related documents, and annual funding agreements for $739,584.00 of CDBG funds and $245,399.00 of HOME grant funds (Presentation by Neighborhood and Family Services Director Bob Salas) 10. Consideration of approving a request for permit for the transport and disposal of garbage, trash, and debris within the San Angelo city limits and any service that is allowed by state law or city ordinance that does not conflict with the Citys contract with Republic Waste Services of Texas and the exclusive rights granted by that contract to Republic Waste Services of Texas for the following companies and authorizing the City Manager to execute any necessary related documents: a. Texas Disposal Systems, Inc. b. TxAlloy, Inc. DBA Acme Iron & Metal Co. (Presentation by Operations Director Shane Kelton) 11. Presentation on the North Concho River and Trails Improvement Project (Presentation by Carl White, Parks & Recreation Director) 12. Discussion and possible action concerning further employment of Carollo Engineers (Requested by Councilmember Wardlaw) 13. Discussion and possible action concerning the employment of a new water consultant for the Hickory Project and other water matters (Requested by Councilmember Wardlaw) 14. First public hearing and consideration of introducing an Ordinance amending the Water Conservation and Drought Contingency Plan AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 11, ARTICLE 11.200 WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN, BY AMENDING SUBPART (d) ENTITLED WATER SUPPLY STAGE-DROUGHT LEVEL I, OF SECTION 11.203 DROUGHT STAGES AND WATER MANAGEMENT MEASURES TO 4. City Council Agenda Page 4 of 5 July 16, 2013 LIMIT WATERING OF LAWNS, GARDENS, LANDSCAPE AREAS, TREES, SHRUBS, GOLF COURSES (EXCEPT GREENS) OR OTHER PLANTS BEING GROWN OUTDOORS TO ONCE EVERY SEVEN DAYS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE (Presentation by Water Utilities Director Ricky Dickson) 15. Discussion of residential water consumption on number of accounts using more than 50,000 gallons a month (Presentation by Water Utilities Director Ricky Dickson) 16. Discussion and update on the progress and cost to date on the Hickory Aquifer Water Supply Project including, but not limited to, contracts for construction and engineering (Requested by Councilmember Farmer and presentation by Water Utilities Director Ricky Dickson) 17. Consideration of awarding Water Utility Bid WU-10-13, Groundwater Treatment Facility and Miscellaneous Improvement Projects for the Hickory Aquifer Water Supply Project to PCL Construction, Inc. (Irving, TX) in the amount of $27,132,193.00, authorizing the City Manager to execute said contract, in substantially the attached form, and related documents (Requested by Mayor Morrison and presentation by Water Utilities Director Ricky Dickson) 18. Consideration of adopting a Resolution of the City of San Angelo City Council awarding RFB No. ES-01-13 Engineering Services Avenue P Street & Drainage Improvement Project to Reece Albert, Inc., and authorizing the City Manager to negotiate and execute an agreement for construction of Avenue P Street & Drainage Remediation Project between the City of San Angelo and Reece Albert, Inc. in accordance with said bid award, in substantially the attached form, said agreement being subject to rescission on December 31, 2013 should the necessary right-of-way and necessary easements not be acquired by City before December 31, 2013, as provided for under such agreement (Presentation by Interim City Engineer Tim Wolff) 19. Consideration of adopting a Resolution authorizing the acquisition of a permanent drainage utility easement and temporary construction easement across certain real property east of S. Chadbourne Street at Avenue P required for the Avenue P Street & Drainage Improvement Project; and authorizing the City Manager to execute all contracts and other legal instruments necessary or convenient to acquire said easements; finding a public use and benefit therefore; and authorizing initiation of eminent domain proceedings pursuant to law if necessary to acquire the property for said easements (Presentation by Interim City Engineer Tim Wolff) 20. Discussion and possible action regarding the fiscal year 2013-2014 budget preparation (Presentation by Assistant City Manager/Chief Financial Officer Michael Dane and Budget Manager Morgan Trainer) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 21. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed 22. Consideration of approving various Board nominations by Council and designated Councilmembers: a. Civic Events Boards: Mikala Brownfield (SMD4) to an unexpired term October 2014 b. Planning Commission: Sammy Farmer (SMD4) to an unexpired term January 2015 23. Consideration of nominating and approving two City Council members to serve on the Investment Oversight Committee 5. City Council Agenda Page 5 of 5 July 16, 2013 24. Announcements and consideration of Future Agenda Items Consideration of conducting an evening meeting of the City Council once per quarter 25. Adjournment The City Council reserves the right to consider business out of the posted order, and at any time during the meeting, reserves the right to adjourn into executive session on any of the above posted agenda items which are not listed as executive session items and which qualify to be discussed in closed session under Chapter 551 of the Texas Government Code. Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Friday, July 12, 2013, at 5:00 P.M. /x/________________________ Alicia Ramirez, City Clerk 6. P R O C L A M A T I O N WHEREAS, On July 26, 1990, President George H. Bush signed into law the Americans with Disabilities Act (ADA) to ensure the civil rights of people with disabilities establishing a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities; and WHEREAS, The ADA has expanded opportunities for Americans with disabilities by reducing barriers and changing perceptions, increasing full participation in community life; however, the full promise of the ADA will only be reached if public entities remain committed in their efforts to fully implement the ADA; and WHEREAS, On the 23rd anniversary of the Americans with Disabilities Act, we the City of San Angelo celebrate and recognize the progress that has been made by reaffirming the principals of equality and inclusion and recommitting our efforts to reach full ADA compliance. NOW, THEREFORE, I, Dwain Morrison, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby reaffirm our commitment to work toward full ADA compliance in the City of San Angelo and proclaim July 25, 2013 as ADA Awareness Day In San Angelo, Texas, and urge all citizens to support this committed effort. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 19th day of July, 2013. THE CITY OF SAN ANGELO ___________________________ Dwain Morrison, Mayor 7. CITY COUNCIL MINUTE RECORD The City of San Angelo Page 393 Tuesday, June 25, 2013 Vol. 104 OPEN SESSION BE IT REMEMBERED City Council convened in a special meeting at 9:07 A.M., Tuesday, June 25, 2013, 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 Marty Self Councilmember Johnny Silvas Councilmember Don Vardeman Councilmember Kendall Hirschfeld Councilmember Charlotte Farmer were present and acting, with the exception of Councilmember Farmer, thus constituting a quorum. Whereupon, the following business was transacted: An invocation was given by and pledge was led by Mayor New. REGULAR AGENDA: PUBLIC HEARING AND COMMENT ADOPTION OF A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE RUNOFF ELECTION ON JUNE 15, 2013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, CANVASSING RETURNS OF A RUNOFF ELECTION HELD IN SAID CITY ON THE 15TH DAY OF JUNE, 2013, FOR THE PURPOSE OF ELECTING A MAYOR AND FOR THE PURPOSE OF ELECTING MUNICIPAL OFFICERS TO FILL VACANCIES FOR UNEXPIRED TERMS FOR SINGLE MEMBER DISTRICT 1 AND SINGLE MEMBER DISTRICT 5; DECLARING RESULTS OF THE RUNOFF ELECTION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE City Clerk Alicia Ramirez presented background information. Mayor New read the results of the election into the record. It is determined that the following candidates received a majority of the votes for the office for which they were candidates: Dwain Morrison, Mayor, Rodney Fleming, Councilmember, Single Member District 1; and, H.R. Winkie Wardlaw, Councilmember, Single Member District 5; therefore, have been elected. May I have a motion to accept the findings and adopt the resolution? Motion, to adopt the Resolution to accept the findings, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Silvas. Motion carried unanimously. ADMINISTRATION OF OATHS OF OFFICE FOR MAYOR AND SINGLE MEMBER DISTRICT REPRESENTATIVES 1 AND 5, AND PRESENTATION OF CERTIFICATES OF ELECTION City Clerk Alicia Ramirez administered the oaths and Mayor New presented the Certificates of Election. INTRODUCTION OF SPECIAL GUESTS Newly elected City Council members introduced their special guest and thanked their supports. 8. Page 394 Minutes Vol. 104 Date, 2013 ADJOURNMENT Motion, to adjourn, was made by Councilmember Hirschfeld and seconded by Councilmember Morrison. Motion carried unanimously. The meeting adjourned at 9:47 A.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 Clerks 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.) 9. CITY COUNCIL MINUTE RECORD The City of San Angelo Page 393 Tuesday, July 2, 2013 Vol. 104 OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:05 A.M., Tuesday, July 2, 2013, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized members of the Council, to-wit: Mayor, Dwain Morrison Councilmember Rodney Fleming Councilmember Marty Self Councilmember Johnny Silvas Councilmember Don Vardeman Councilmember H.R. Wardlaw Councilmember Charlotte Farmer were present and acting, thus constituting a quorum. Whereupon, the following business was transacted: An invocation was given by Mayor Morrison and pledge was led by Karli Bucks, daughter of Jamie Bucks of the Finance Department. PROCLAMATION AND RECOGNITIONS Texas Hunger Initiative Kids Eat Program, Monday, July 8th , was accepted by Mary Herbert, Regional Director, Texas Hunger Initiative and Betty Teston, Child Hunger Outreach Specialist, Texas Hunger Initiative, of the San Angelo Office Whataburger Restaurant at 4646 Knickerbocker Road, was accepted by Eleanor Hooten and Anna Meza, Managers City of San Angelo for receiving the Texas Comptroller Silver Leadership Circle Award recognizing the City for their continued progress towards achieving financial transparency, to be accepted by Morgan Chegwidden, Budget Manager, Laura Brooks, Senior Budget Analyst, and Bill Smith, Chief Accountant PUBLIC COMMENT Public comments were made by the following: Glenda Harbert and Jerry Sea representatives of West Texas Opportunity Strategy; Jan Bartlett representing Joe Bennett regarding the renewal process of the Lake Nasworthy properties; Ann West on behalf of the Friends of Fairmount organization regarding the funding of the Master Plan Phase I; and Ann Joseph regarding safety issues on North and South bound Bryant particularly Loop 306, suggested adding directional signage on North and South bound Bryant particularly at the commercial establishments, and policing of the oil industry water usage. Responding to Ms. Bartlett, Councilmember Farmer informed Council and staff are aware of the issue and are working on a solution. Councilmember Farmer apologized to the Christian Reporter News blog representatives noting the news source had been dropped from the Citys news update email to City Council. She also offered her condolences to the recent loss of firefighters in Arizona. Councilmember Silvas commented on the condition and maintenance of the North Concho River Rehabilitation project staging area. Councilmember Farmer commented on various items on the agenda. 10. Page 394 Minutes Vol. 104 July 2, 2013 Councilmember Wardlaw commented on requested items not being placed on the agenda and subject matters pertaining to executive/closed session. He read an Attorney General opinion MW129 into the record. CONSENT AGENDA APPROVAL OF THE JUNE 18, 2013 CITY COUNCIL REGULAR MEETING MINUTES CONSIDERATION OF AWARDING BID WU-06-13 FOR THE 2013 WATER LINE IMPROVEMENTS CONTRACT NO. 1 TO QRO MEX CONSTRUCTION COMPANY, INC. OF GRANITE SHOALS, TEXAS IN THE AMOUNT OF $1,344,648.00, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SAID CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY RELATED DOCUMENTS CONSIDERATION OF AWARDING BID WU-05-13 WATER UTILITIES GRINDER PUMPS AND SPARE PARTS TO MORRISON SUPPLY COMPANY AND SMITH PUMP COMPANY, INC. BASED ON LOWEST UNIT BID IN COMPLIANCE WITH THE BID REQUIREMENTS FOR EACH SPECIFIC ITEM AUTHORIZATION FOR THE SALE OF 6630 KNICKERBOCKER ROAD (MARTINEZ) FOR THE APPRAISED VALUE OF $21,612.00 AND AUTHORIZING THE MAYOR, CITY MANAGER, OR WATER UTILITIES DIRECTOR TO EXECUTE ALL NECESSARY LEGAL DOCUMENTS PERTAINING TO THE SALE OF SUBJECT PROPERTY, SUBJECT TO COMPLETION OF ALL CURATIVE REQUIREMENTS (SUBMITTED BY WATER UTILITIES DIRECTOR RICKY DICKSON) AUTHORIZATION FOR THE PAYMENT IN THE AMOUNT OF $63,646.00 TO MIDWEST EMPLOYERS CASUALTY COMPANY FOR EXCESS WORKERS COMPENSATION DEPOSIT PREMIUM FOR POLICY YEAR 7/1/13-7/1/14 (SUBMITTED BY RISK MANAGER JOHN SEATON) ADOPTION OF A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE MAYOR TO EXECUTE A TAX-RESALE (QUITCLAIM) DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SAN ANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAX FORECLOSURE JUDGMENT OR TAX WARRANT: (SUBMITTED BY REAL ESTATE ADMINISTRATOR CINDY PREAS) 213 W Avenue R, (Perez), Lot 18, of the L.T. Jones Subdivision of the East of Block 140, Fort Concho, $750, Suit No. TAX90-0162B 1916 Shelton, (Orona), S of Lot 12, Block 3, Home Acres, $2,500, Suit No. B-00-0043-T CONSIDERATION OF ADOPTING A RESOLUTION AUTHORIZING RELEASE OF A 20 FOOT BY 300 FOOT UTILITY EASEMENT LOCATED WITHIN THE BOUNDS OF THE RED ARROYO HILLS ADDITION, SECTION 5, BLOCK 2, LOT 4B IN SOUTHWEST SAN ANGELO, AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A LEGAL INSTRUMENT FORMALLY RELEASING AND DISCHARGING SUCH EASEMENT Motion, to approve the Consent Agenda, with the exception of 2, 3, and 7, as presented, was made by Councilmember Silvas and seconded by Councilmember Farmer. Motion carried unanimously. REGULAR AGENDA: PUBLIC HEARING AND COMMENT POSTPONEMENT OF AWARDING BID WU-06-13 FOR THE 2013 WATER LINE IMPROVEMENTS CONTRACT NO. 1 TO QRO MEX CONSTRUCTION COMPANY, INC. OF GRANITE SHOALS, TEXAS IN THE AMOUNT OF $1,344,648.00, AND AUTHORIZATION FOR THE CITY MANAGER TO 11. Minutes Page 395 July 2, 2013 Vol. 104 EXECUTE SAID CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY RELATED DOCUMENTS Water Utilities Director Ricky Dickson presented background information. Councilmember Farmer commented on the summary information related to family members, particularly specific companies submitting bids on the project. Responding to a question by Councilmembers Vardeman and Silvas, Purchasing Manager Roger Banks explained the local bidder preference and state purchasing restrictions noting contracts under $100K receive local preference, and noted the project is in the Capital Improvement Program. City Attorney Lysia H. Bowling concurred with Mr. Banks and explained the state statute. In conclusion, City Council members request staff to research the probability of utilizing local preference on the bids submitted for the project. Motion, to postpone approval of the contract allowing staff further time to review and present requested information, was made by Councilmember Vardeman and seconded by Councilmember Farmer. Motion carried unanimously. AWARD OF BID WU-05-13 WATER UTILITIES GRINDER PUMPS AND SPARE PARTS TO MORRISON SUPPLY COMPANY AND SMITH PUMP COMPANY, INC. BASED ON LOWEST UNIT BID IN COMPLIANCE WITH THE BID REQUIREMENTS FOR EACH SPECIFIC ITEM Water Utilities Director Ricky Dickson presented background information. Motion, to award the bid and not to exceed $12,396.00 for the total purchase, was made by Councilmember Farmer and seconded by Councilmember Silvas. Motion carried unanimously. ADOPTION OF A RESOLUTION AUTHORIZING RELEASE OF A 20 FOOT BY 300 FOOT UTILITY EASEMENT LOCATED WITHIN THE BOUNDS OF THE RED ARROYO HILLS ADDITION, SECTION 5, BLOCK 2, LOT 4B IN SOUTHWEST SAN ANGELO, AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A LEGAL INSTRUMENT FORMALLY RELEASING AND DISCHARGING SUCH EASEMENT Interim Director of Development Services AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplement Record. Motion, to adopt the Resolution, as presented, was made by Councilmember Farmer and seconded by Councilmember Silvas. Motion carried unanimously. RECESS At 10:07 A.M., Mayor Morrison called a recess. RECONVENE At 10:34 A.M., Council reconvened, and the following business was transacted: PRESENTATION OF THE DOWNTOWN SAN ANGELO, INC., 1ST QUARTER REPORT DSA Executive Director Del Velasquez presented background information. A copy of the presentation is part of the Permanent Supplement Record. Mr. Velasquez distributed the 2013 Summer Events brochure. A copy of the report is part of the Permanent Supplemental Record. General discussion was held on temporary structures within the downtown area, zoning classification and type of use for temporary structures, and possibly extending the area. DISCUSSION AND POSSIBLE ACTION REGARDING THE FISCAL YEAR 2013-2014 BUDGET PREPARATION Assistant City Manager/Chief Financial Officer Michael Dane and Budget Manager Morgan Chegwidden presented background information. A copy of the presentation is part of the Permanent Supplement Record. General discussion was held on the need to hold work sessions on the budget process. 12. Page 396 Minutes Vol. 104 July 2, 2013 Council suggested holding a budget workshop on July 16, 2013 at 1:00 p.m. which will be scheduled with the regular meeting. Further determination will be made whether to hold a special meeting on July 23, 2013. DISCUSSION AND POSSIBLE ACTION REGARDING EXCESS HOTEL OCCUPANCY TAX RECEIPTS Assistant City Manager/Chief Financial Officer Michael Dane and Budget Manager Morgan Chegwidden presented background information. A copy of the presentation is part of the Permanent Supplement Record. General discussion was held on the possible revenue for FY 13, projects eligible for the funds, and the law that outlines the use of the funds and options available to City Council, leveraging city dollars for particular projects, and establishing a savings. Public comments were made by Citizen Jim Turner regarding hotel stays beyond 30 days. DIRECTION FOR STAFF TO SEEK SPONSORSHIPS FOR THE EVENT AND DENIAL TO ALLOCATE $30,000.00 OF HOTEL OCCUPANCY TAX REVENUES TO A CITY EVENT ACCOUNT AND THE CREATION OF REVENUE AND EXPENDITURE ACCOUNTS FOR CITY EVENTS, PRIMARILY RIVER FEST Parks and Recreation Director Carl White presented background information. A copy of the presentation is part of the Permanent Supplement Record. General discussion was held on the potential revenue stream, loan versus a giveaway, sponsorship by the City versus the Chamber, and obtaining sponsorships for the event. In conclusion, the City Council opposed the Citys sponsorship and suggested the City obtain corporate sponsorships. Public comments were made by Louis Perez, Chairman for Parks and Recreation Advisory Commission in support of the event, and Del Velasquez, Executive Director for Downtown San Angelo, Inc. Motion, to approve the allocation, as presented, was made by Councilmember Silvas. Motion failed for lack of a second. Motion, to direct staff to seek sponsorships to cover expense for the event and denial of the allocation request, was made by Councilmember Farmer and seconded by Councilmember Vardeman. Motion carries unanimously. UPDATE AND PRESENTATION ON HICKORY AQUIFER WATER SUPPLY PROJECT Requested by Councilmember Farmer, Water Utilities Director Ricky Dickson presented background information. A copy of the report/presentation is part of the Permanent Supplemental Record. Motion, to postpone the item and direct staff to provide a report containing project cost as presented in the bid packet as to what has been actually spent to-date, was made by Councilmember Farmer and seconded by Councilmember Fleming. Motion carried unanimously. DISCUSSION OF DROUGHT LEVELS AND RELATED MATTERS AS OUTLINED IN THE WATER CONSERVATION DROUGHT CONTINGENCY PLAN Water Utilities Director Ricky Dickson presented background information. General discussion was held on the trigger points to enact a particular drought stage, whether to increase or adjust the trigger points at all the drought levels, the unintended consequences of the ordinance and ordinance amendments on businesses, adding allowances or exceptions to the ordinance, the number of citizens who abused their water usage, the citys water use in comparison to previous years, the positive impact of citizens conservation efforts, the negative effects on property foundations due to the drought conditions, and the negative effects of implementing restrictions in August versus September. In conclusion, the following suggestions were made: amend Drought Stage Level I to watering once per week instead of twice a week; impost higher rates for users with higher water consumption 13. Minutes Page 397 July 2, 2013 Vol. 104 Council requested staff present a list of residential users that utilize 50K or more of total water consumption, including water sprinkler meters totals. General discussion was held on the Citys usage today in comparison to 10 years ago and the negative effects on revenue. Mayor Morrison caution as further restrictions are made, Council needs to be made aware of the use of local aquifers. Public comments were made by Citizens Ann Joseph, Jamie Lee Tabor, Jerry Sea, Councilmember Farmer commented on the conservation efforts made by John Begnaud and recommend staff increase the Citys efforts during the summer months on the government access channel and other mediums. RECESS At 12:15 P.M., Mayor Morrison called a recess. RECONVENE At 12:32 P.M., Council reconvened, and the following business was transacted: EXECUTIVE/CLOSED SESSION At 12:32 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property; and, Section 551.071(2) to consult with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter RECESS At 12:48 A.M., Mayor New called a recess. RECONVENE At 1:31 P.M., Council reconvened, with the exception of Councilmember Wardlaw, and the following business was transacted: UPDATE AND PRESENTATION ON MEDHAB, LLC, ECONOMIC INCENTIVE PROJECT Requested by Councilmember Silvas, Assistant City Manager/Chief Financial Officer Michael Dane presented background information. Councilmember Wardlaw arrived to the meeting at 1:32 p.m. Councilmember Silvas clarified the request originated from interested taxpayers. Councilmember Farmer suggested possibly reducing the amount of the incentive and directed staff to prepare an itemization or executive summary of the project for their Friday packet. Mr. Dane commented on the concept of achieving the terms of the contract. Councilmember Farmer commented on the lack of companies requesting incentives. 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 A BOARD NOMINATION BY COUNCIL AND DESIGNATED COUNCILMEMBERS: Civic Events Board: Darlene Jones (SMD5) to an unexpired term October 2014 14. Page 398 Minutes Vol. 104 July 2, 2013 Motion, to approve the board nomination by Council and designated Councilmembers, was made by Councilmember Vardeman and seconded by Councilmember Self. Development Corporation: Tommy Hiebert (SMD2) to an unexpired term February 2015 and Richard Crisp (SMD5) to an unexpired term February 2015 Motion, to approve the board nominations by Council and designated Councilmembers, was made by Councilmember Vardeman and seconded by Councilmember Self. AYE: Morrison, Fleming, Self, Silvas, Vardeman, and Wardlaw. NAY: Farmer. Motion carried 6-1. Planning Commission: Teri Jackson (SMD5) to an unexpired term January 2016 Motion, to approve the board nominations by Council and designated Councilmembers, was made by Councilmember Vardeman and seconded by Councilmember Silvas. Motion carried unanimously. Public comment was made by Citizen John Bariou requested the board appointment items be reconsidered due to the appointment process and how the vacancy was created. He suggested the action on the appointment be taken separate and apart. City Attorney Lysia H. Bowling explained the uniform policy adopted in 2012 by City Council. Assistant City Manager/Chief Financial Officer Michael Dane further clarified the policy. ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS City Manager Daniel Valenzuela distributed the proposed July 16, 2013 Agenda and solicited Council comments and suggestions. ADJOURNMENT Motion, to adjourn, was made by Councilmember Hirschfeld and seconded by Councilmember Morrison. Motion carried unanimously. The meeting adjourned at 2:11 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 Clerks 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.) 15. 1 LAKE NASWORTHY RESIDENTIAL LOT LEASE This lease is made and entered into by and between the CITY OF SAN ANGELO, a Texas municipal corporation, ("Lessor"), whose address is 72 W. College Ave., San Angelo, Tom Green County, Texas 76903, and Robert and Julie Steely, husband and wife, whose address is 1602 Shady Point Circle, San Angelo, Texas 76904, ("Lessee"). I. DEMISE OF LEASED PREMISES 1.1 In consideration of the mutual covenants, conditions and agreements set forth in this lease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts and leases from Lessor, the following described real property (hereinafter called "leased premises") situated in San Angelo, Tom Green County, Texas: Lot 58A, Group Shady Point, Lake Nasworthy Addition, according to the map or plat of said Lake Nasworthy Campsites in the custody of the Water Utilities Department of the City of San Angelo (also commonly known as 1602 Shady Point Circle). II. TERM, FEES AND RENT FIXED COMMENCEMENT AND TERMINATION DATE 2.1 This lease is granted for a period of forty (40) years having an effective date beginning July 1, 2013 and ending June 30, 2053, in consideration of the initial payment of $150.00, which payment includes the granting fee, receipt of which payment is hereby acknowledged, and the further consideration of Lessee's payment of future annual rent in accordance with subsequent paragraphs hereof and Lessee's compliance with the stipulations and conditions hereinafter set forth. TIME AND MANNER OF PAYMENT 2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities Department, 72 W. College, San Angelo, Texas, 76903, or at such other place as Lessor may from time to time designate by written notice to Lessee. Such rent shall be paid annually on or before July 1 during the term of this lease in accordance with the following schedule: Dates Annual Rent For the Years 2014 Through 2017 $551.00 For the Years 2018 Through 2052 Market Value * 16. 2 * Annual rent shall be the appraised market value of the leased premises multiplied by a factor of 0.08. Such appraised market value shall be determined and adjusted in accordance with applicable City ordinances in effect at the time of execution of this lease. DELINQUENT PAYMENTS 2.3 Lessee shall pay to Lessor a late charge or interest for any rent received by Lessor after the date that the rent is due in accordance with established ordinances, provided however, that this provision for late charges or interest shall not be construed as a waiver of the right of Lessor to terminate this lease at its option as authorized herein. HOLD OVER 2.4 Any holding over by Lessee of the herein leased premises after the expiration of this lease shall operate and be construed only as a tenancy from month to month, terminable at the will of Lessor. III. DEBTS RELATED TO LEASED PREMISES UTILITIES 3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such charges may be deemed a default at the option of Lessor. TAXES 3.2 It is further understood and agreed that Lessee shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this lease may be levied on or assessed against the leased premises and all interest therein and all improvements and other property thereon, whether belonging to Lessor or Leaser to which either of them may become liable. Lessee shall pay all such taxes, charges, and assessments to the public officer charged with the collection thereof not less than fifteen (15) days before the same shall become delinquent, and Lessee agrees to indemnify and save harmless Lessor from all such taxes, charges and assessments. Failure to pay such taxes and special assessments as provided herein may be deemed a default at the option of Lessor. WATER, SEWAGE, PAVING IMPROVEMENTS 3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the vicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost of laying said line or lines as established by and in accordance with city policies then in existence. 3.4 Lessee expressly agrees that if city water or sewer lines are ever located within 200 feet of the leased premises, Lessee will tie on to such service at its own expense at the price established for that specific Lake Nasworthy area. 17. 3 3.5 In the event the Lessor institutes a paving program abutting the leased premises, Lessee shall pay his pro rata share of paving, curb and gutter costs pursuant to prevailing city policies. IV. RULES AND REGULATIONS 4.1 The rules and regulations provided in those certain ordinances of the City Council of the City of San Angelo, ("Council"), adopted April 2, 1951, and now known as the Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendments adopted heretofore or hereafter are expressly incorporated herein by reference as terms and conditions of this lease. This lease is expressly made subject to any ordinances adopted in the future by the Council for the regulation of Lake Nasworthy and surrounding property, including but not limited to, safety, sanitation, and ecological requirements. This lease will be managed by the Water Utilities Department of the City of San Angelo subject to the approval of the Council. V. USE OF LEASED PREMISES CONSTRUCTION BY LESSEE 5.1 The premises shall be used only for a single family residence and lawful uses incidental thereto, and in this connection the following shall be applicable: a. No structure shall be constructed in excess of two stories in height. b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2 foot elevation line. c. No housetrailer, shack, tent, or temporary residence of any type shall be permitted on the leased premises, and no garage or other accessory building shall be used as a residence. d. All structures shall have a foundation that complies with Lessor's building code. e. No outside toilets shall be constructed or maintained on leased premises, and all plumbing shall be connected with a sanitary sewer or with a septic tank which complies in all respects to all state, county and city sanitation regulations and requirements. No septic tank shall be placed, constructed, or maintained nearer than 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to any property line. All wastewater facilities shall conform to all of the City's wastewater ordinances, where applicable. No sewer or drain shall empty into the lake or be constructed so as to flow or wash into the lake. No concrete storm drains may be constructed without the prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable. f. No structure shall be constructed closer than five (5) feet to any property line. 18. 4 g. No trees may be removed from the leased premises without the prior written consent of the Water Utilities Director. h. No improvements or construction work of any kind, including but not limited to, houses, boathouses, piers, pump houses, water wells, storage buildings, fences, excavations, fills, and other types of structures or improvements, shall be built or performed on leased premises without prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable. i. Lessee agrees to comply with all provisions of the Official Code of the City of San Angelo ("Code"), as such now exists or may hereafter be amended including, but not limited to, those provisions regarding building permits and permit fees; inspections and fees therefore; building, plumbing, electrical, and fire standards or requirements; and the regulation of septic tanks. j. After any permit is granted, Lessee expressly agrees that all improvements or construction work shall be built or performed in strict compliance with the terms of the permit and approval granted, that construction shall commence within six (6) months following the date of the permit, and that all construction shall be completed within one (1) year of the date of the permit. k. Lessee may request from the Council a variance or deviation from any term or condition contained herein. l. The Council, prior to granting any extension of an existing lease or a new lease covering the leased premises shall have the right to review the leased premises and improvements thereon and submit in writing to the Lessee the requirements, if any, which shall attach to and become a part of this lease, necessary for compliance with the above-mentioned provisions of the Code. Failure of the Lessee to abide by and comply with said requirements may be deemd a default at the option of Lessor. RESERVATIONS AND EASEMENTS 5.2 Lessor, its agents or assigns, reserves the privilege and right at any time to execute and deliver valid oil, gas and other mineral leases upon the leased premises, and valid right-of-way easements for gas, oil, water, or wastewater pipelines, telephone, telegraph or electric pole transmission lines on said premises, or any part thereof, and in such event this lease shall be subject and subordinate to the rights, terms and privileges of any such oil, gas and other mineral leases or such easements as may have been executed heretofore or hereafter by Lessor, its agents or assigns. An easement across leased premises is hereby retained by Lessor for the purpose of laying sewer and water lines and/or for necessary rights-of-way for roads, alleys or other throughways. VI. ENCUMBRANCE OF LEASEHOLD ESTATE ENCUMBERING LEASEHOLD INTEREST ONLY 19. 5 6.1 Lessee shall not have the right to encumber the fee simple, but Lessee may request Lessor's written consent (pursuant to article XII of this lease) to encumber the leasehold estate, personal property or improvements made by Lessee which may be removed from the realty without injury to the realty; provided however, that no mortgagee nor anyone who claims by, through or under such mortgage or deed of trust shall, by virtue of such mortgage or deed trust, acquire any greater or more extended rights than Lessee has under this lease but such mortgage or deed of trust shall be in every respect subject, subservient and subordinate to all of the conditions, provisions, requirements, covenants and obligations of this lease. The mortgagee under any such deed of trust or mortgage shall have the right to assume this lease and perform its terms and conditions to protect itself. NOTICES TO LENDER 6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed of trust has been given and executed by Lessee and furnish Lessor with the address to which it desires copies of notices to be mailed. Lessor agrees to mail to lender or mortgagee or its designated agent or representative, at the address given, a copy of any notice which Lessor gives, mails, or serves on Lessee under the terms of this lease after receipt of such a notice from the lender or mortgagee. VII. CONDITION OF PREMISES NO WARRANTY 7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON, INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE. AVAILABILITY AND USE OF LAKE WATER 7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor the level of water in Lake Nasworthy. Lessee can use water from the lake, river, and/or wells on the premises for domestic purposes and water of existing trees and shrubs; but no water will be removed from the premises. Use of water for irrigation is expressly prohibited. Lessee shall use water in a conservative manner, and any abusive use of water shall be grounds for denying the use of water to the Lessee. Lessee shall pay the applicable water use charge as set by the Lessor, for water or raw water usage, as the case may be. VIII. REPAIRS AND MAINTENANCE LESSEE'S DUTY TO REPAIR AND MAINTAIN 20. 6 8.1 Lessee agrees to keep and maintain any and all structures erected or caused to be erected or placed on the leased premises in good and tenantable condition, to maintain its appearance, and to landscape and keep said premises cleared of all objectionable matter, things, and vegetation. Leased premises shall not be used for the outside storage of usable materials for unreasonable lengths of time. In the event Lessee shall fail to maintain leased premises in a manner acceptable to Lessor, after notice to Lessee as prescribed by city ordinance, the Lessor shall cause leased premises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost of any such clearing, cleaning, and mowing to be billed to it or added to the next annual rental payment, with interest at the rate of ten percent (10%) per annum beginning thirty (30) days from the date on which the work was completed, and continuing until such cost is paid in full. DAMAGE OR DESTRUCTION 8.2 The parties hereto acknowledge that the leased premises are within an area subject to overflow and flooding and it is expressly agreed between the parties that neither Lessor nor any of its agents or employees shall be liable to Lessee for any damages caused in any manner, negligent or otherwise, by high water or floods at Lake Nasworthy, nor by the rivers or creeks which serve as its sources of supply or diversion channels, nor by reason of any work deemed necessary in Lessor's sole judgment in the maintenance of said Lake and sources of supply or diversion channels and all damages occasioned thereby are hereby waived, and when Lessor (or any agent thereof) deems it necessary to enter on the leased premises for any of the above purposes, its judgment shall be conclusive. IX. SUSPENSION OF PRIVILEGES HEALTH MATTERS 9.1 It is expressly understood and agreed that Lessor may at any time, without notice to Lessee or any mortgagee, suspend or revoke any and all privileges granted herein for such length of time as in its sole judgment is necessary for the purpose of suppressing or arresting an epidemic of any contagious or infectious disease, or when, in its sole judgment, any suspension of privileges is necessary to protect the health of the water consumers of San Angelo, Texas. In the event privileges are suspended by Lessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease. PUBLIC PURPOSES 9.2 If Lessor shall deem that leased premises are required for any public purpose or that condemnation is necessary, Lessor shall have the right to terminate this lease by giving ninety (90) days written notice of such termination to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes; and Lessee agrees to promptly deliver possession of leased premises to Lessor; and this lease shall terminate upon the expiration of ninety (90)days after the date of such notice; and in such event Lessor shall pay 21. 7 Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease. X. RELEASE 10.1 Lessee expressly releases Lessor, its officers, agents, and employees from any and all claims for damages of any kind by reason of the condition of the premises hereby leased, or any improvements thereon or any damages incurred in the enjoyment or exercise of the privileges granted hereunder, or for damage to its person or property caused by the opening of the gates at Nasworthy Dam, the lowering of the normal water elevation in the lake, or due to flood or high water, or any fluctuating water levels which may arise in the use and operation of Lake Nasworthy, or in the joint use and operation of Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposes of recreation, irrigation, and water supply, or for any other purpose. XI. INDEMNIFICATION 11.1 LESSEE FURTHER AGREES FOR LESSEE AND LESSEESSUCCESORS IN INTEREST TO INDEMNIFY AND HOLD LESSOR, ITS OFFICERS, AGENTS, AND EMPLOYEES, FREE AND HARMLESS FROM ANY CLAIMS FOR DAMAGES OR INJURY, INCLUDING DEATH, TO PERSONS OR PROPERTY, OR ANY LIABILITY INCURRED AS A RESULT OF THE EXERCISE OF THE PRIVILEGES CONFERRED BY THIS LEASE, AND AGREES TO REIMBURSE LESSOR FOR ANY EXPENSES INCURRED IN THE DEFENSE OF ANY SUCH CLAIM, INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTS ACTUALLY INCURRED. NOTHING HEREIN SHALL REQUIRE THE INDEMNIFYING PARTY TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTYS OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS LEASE AS LONG AS ANY LIABILITY COULD BE ASSERTED. XII. TRANSFER, ASSIGNMENT, AND SUBLETTING 12.1 Lessee may not transfer or assign the leased premises, in whole or in part, without the prior written consent of the Lessor, which consent will not be unreasonably withheld. Lessee may not sublet the leased premises, in whole or in part, without the prior written consent of the Lessor. Any such transfer, assignment or sublease shall be evidenced in writing, properly executed and acknowledged by both parties thereto; a copy shall be delivered to Lessor and the original shall be recorded in the office of the County Clerk of Tom Green County, Texas. It is agreed, however, that each such transfer, assignment or sublease shall bind the transferee, assignee or sublessee to the obligations of Lessee to Lessor as set forth in this lease and shall not release Lessee from Lessee's obligations under the lease. XIII. DEFAULT AND REMEDIES DEFAULT 22. 8 13.1 (a) Any breach of this lease by Lessee, other than the non-payment of rent, may result in irreparable damage to Lessor for which Lessor will not have an adequate remedy at law. If Lessee should default with respect to any of its obligations hereunder except with respect to the non-payment of rent, and should fail within 60 days after written notice of such default from the Lessor to cure such default, then Lessee agrees that that Lessor shall be entitled to immediately seek relief by action or proceeding at law for damages, for specific performance and injunction, without any requirement to post a bond or other security. (b) In addition to, and independent of, the provisions of subsection (a), above, should Lessee violate any provision of this Lease, other than the non-payment of rent, and fail or refuse to cure such violation within 60 days after written notice of such default from Lessor, then Lessor or Lessors agents may enter the premises as reasonably necessary to perform the work required as determined by Lessor to cure the default and the costs thereof shall be deemed to be additional rent, immediately due and payable upon written notice to Lessee of the sum of expenses, costs, and fees so incurred by Lessor, including an assessment for the cost related to Lessors employee time in curing the default, if any. LESSEE HEREBY WAIVES ANY CLAIM FOR TRESSPASS OR DAMAGES RELATING TO LESSOR OR LESSORS AGENTS OR EMPLOYEES ENTRY ONTO THE LEASEHOLD PREMISES PURSUANT TO THE PROVSIONS OF THIS LEASE. (c) A breach of this lease by Lessee for non-payment of rent shall result in termination of this lease should Lessee within 60 days after written notice of default setting forth the amount past due fail to cure such default by making payment of the full amount due Lessor. POSSESSION 13.2 Lessee agrees at the termination of this lease to deliver possession peacefully to the Lessor or its agents or employees; and if it fails to give peaceful possession, Lessor may take forceful possession of said premises and eject all parties therefrom without being guilty of trespass; and all damages occasioned thereby are hereby waived. REMOVAL OF IMPROVEMENTS 13.3 All buildings and other improvements placed on the property by Lessee (except trees, shrubs, flowers and plants) which may be removed without injury to the realty shall remain the property of Lessee. It is understood and agreed, however, that buildings and improvements shall be held by the Lessor until all rentals due Lessor by Lessee shall have been paid, and should any amount remain unpaid for more than thirty (30) days after termination of this lease, the Lessor shall have the right to sell such buildings and improvements and apply the proceeds to the amount due Lessor, with interest at the annual rate of ten percent (10%), and to any costs incident to the sale, and pay the balance remaining, if any, to Lessee. All property remaining on the premises after the expiration of ninety (90) days following the termination of this lease, however terminated, shall be deemed abandoned by Lessee and shall become the property of Lessor. 23. 9 OTHER REMEDIES 13.4 (a) Any termination of this lease shall not relieve Lessee from the payment of any sum or sums that are due and payable to Lessor under the lease, or any claim for damages then or previously accruing against Lessee under this lease, and any such termination shall not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessee for any default under the lease. All rights, options, and remedies of Lessor contained in this lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this lease. No waiver by Lessor of a breach of any of the covenants, conditions, or restrictions of this lease shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition, or restriction contained in this lease. (b) The remedies provided herein shall not be exclusive of other remedies. A failure by the Lessor to take action on any past violation shall not constitute a waiver of the Lessors right to take action on any subsequent violation. XIV. MISCELLANEOUS RELATIONSHIP OF LESSOR AND LESSEE 14.1 The relationship between Lessor and Lessee at all times shall remain solely that of landlord and tenant and shall not be deemed a partnership or joint venture. PARTIES BOUND 14.2 This agreement shall be binding upon and inure to the benefit of the parties of the lease and their respective heirs, executors, administrators, legal representatives, successors and assigns. HEADINGS 14.3 The paragraph headings contained herein are for convenience and reference and are not intended to define, extend or limit the scope of any provisions of this lease. SUPERSEDES PRIOR AGREEMENTS 14.4 If this lease replaces another lease, all prior agreements are superseded by this lease. ENTIRE AGREEMENT/AMENDMENTS 14.5 This lease constitutes the entire agreement between the parties, and Lessor is not bound by any agreement, condition or stipulation, understanding or representation made by any of 24. 10 Lessors agents not contained herein. No amendment to this lease shall be effective unless such is in writing and signed by both parties. VIOLATIONS OF LEASE 14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES THAT THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR COVENANT, SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE. TEXAS LAW TO APPLY 14.7 The parties hereby agree that Texas law will control the interpretation or enforcement of this lease. This lease has been executed in Texas, and all obligations hereunder are performable in Tom Green County, Texas. INVALID OR ILLEGAL PROVISIONS 14.8 If any provision of this lease is held invalid as to any person or set of circumstances, such holding shall not affect the validity of any remaining provision of this lease or any provisions application to other persons not similarly situated or to other circumstances. REIMBURSEMENT OF LESSORS EXPENSES 14.9 Lessee shall pay on demand all of Lessors expenses including, but not limited to, attorneys fees and court costs incurred in enforcing any of Lessees obligations under this lease, which include, but are not limited to, collection of rental fees and collection of utility payments, taxes and other legitimate assessments. NOTICES 14.9 All notices concerning this lease shall be in writing and delivered to the parties at the addresses below: LESSEE: Robert and Julie Steely 1602 Shady Point Circle San Angelo, Texas 76904 LESSOR: City of San Angelo Attn: Water Utilities Director 72 W. College San Angelo, Texas 76903 [SIGNATURE PAGE TO FOLLOW] 25. 11 EXECUTED in duplicate originals on the _____day of _____________________, 2012 by: LESSEE Robert Steely Julie Steely STATE OF TEXAS COUNTY OF TOM GREEN This instrument was acknowledged before me on the _____day of ________________, 2013 by Robert and Julie Steely. Notary Public, State of Texas CITY OF SAN ANGELO, LESSOR BY: RICKY DICKSON Water Utilities Department STATE OF TEXAS COUNTY OF TOM GREEN This instrument was acknowledged before me on the _____day of ________________, 20____, by Ricky Dickson, Director of Water Utilities of the City of San Angelo, a Texas home rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas 26. City of San Angelo Memo Date: June 21, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Water Utilities Director Subject: Consent Item for July 16, 2013 Council Meeting Contact: Ricky Dickson, Water Utilities Director, 657-4209 Caption: Consideration of approving new lake lot residential lease with the following Lessee and authorizing the Mayor, City Manager, or Water Utilities Director to execute the same: Robert and Julie Steely, Lot 58A, Group Shady Point, 1602 Shady Point Circle Summary: Lessee requests a new 40 year lease necessary for financing purposes. Per Section 6.100(3)(B) Rent Escalation When New Lease is Required Before Termination, annual rent will be adjusted based on the number of years remaining on the term of the current lease or until December 31, 2016, whichever is later. Current Lease states annual rent will be adjusted to appraised market value of land multiplied by a factor of 0.08 on June 30, 2018. History: Lessee is in good standing as to all lease obligations. Financial Impact: Current Yearly Lease Fee $459.00 Current Lease expires: June 30, 2044 New Lease Fees: 2014-2017 $551.00 2018-2052 Market Value Related Vision Item (if applicable): None. Other Information/Recommendation: It is recommended that the lease renewal be approved and the Water Utilities Director be authorized to execute the lease. Staff recommends approval. Attachments: Lease Renewal Agreement Presentation: None. Publication: None. Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, June 21, 2013. Reviewed by Office of City Attorney: Lysia H. Bowling, City Attorney, July 9, 2013 27. Adopted: 5/30/03 Revised: 6/21/10 City of San Angelo Memo Date: June 14, 2013 To: Mayor and Councilmembers From: Cindy M. Preas, Real Estate Administrator (657-4407) Subject: Agenda Item for July 16, 2013 Council Meeting Contact: Diana Farris, Property Specialist (657-4407) Caption: Consent Item Consideration of adopting a Resolution of the City of San Angelo authorizing the mayor to execute a tax-resale (quitclaim) deed conveying all right, title and interest of the City of San Angelo, and all other taxing units interested in the Tax Foreclosure Judgment or Tax Warrant: a) 329 13th Street, (Perez), Lot 2, Block 2, Pecan Place, $750, Suit No.TAX90-0083B b) 105 Railroad Avenue, (Perez), Lot 9, Salvato S/D of Block 2 of Kirby S/D, $750, Suit No.B-4723-B Summary: The subject properties were auctioned at Sheriffs Sale. No offers were received causing subject properties to be stuck-off to the City, as Trustee for itself and the other taxing entities. History: The attached Property Analysis reflects amounts of delinquent taxes, accrued penalties, interest, attorney fees and costs for delinquent years of, together with additional penalties and interest at the rates prescribed by Chapter 33, Tex. Propety Financial Impact: Upon approval: (1) The City will retain a $500 Administration fee; (2) The balance will be distributed according to the judgment or tax warrant on the Sheriffs Return; and (3) Property will be reinstated back onto tax roll. Related Vision Item (if applicable): Financial Vision Examine liquidation of unused or underperforming city-owned properties Neighborhood Vision Attract reinvestment Other Information/ Recommendation: Staff recommends approval. Attachments: Resolution, Property Analysis, Tax-Resale Deed and Property Location Map Presentation: N/A Publication: N/A Reviewed by Director: Lysia H. Bowling, City Attorney Approved by Legal: 28. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any or all of the following information from this instrument before it is filed for record in the public records: your social security number or your drivers license number. Tax-Resale Deed (Property Sold for Less than Adjudged Value) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County, and San Angelo Independent School District 72 West College Avenue San Angelo, Tom Green County, Texas 76903 Grantee: LOUIS A. PEREZ, a married person as his sole and separate property 112 W College Avenue San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements): Lot 2, Block 2, Pecan Place, being more particularly described in Volume 251, Page 235, Deed Records of Tom Green, Texas. Account #21-38600-0002-002-00 Judgment: Judgment for the foreclosure of a tax lien against the Property entered on June 16, 1993 in Suit No. TAX90-0083B by the 119th District Court of Tom Green County, Texas. Sheriffs Deed: Grantor acquired full legal title to the Property both for its own benefit and as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Propertyunder the terms of the Judgment by Sheriffs Deed dated February 17, 1997, and recorded in Volume 570, Page 84, Official Public Records of Real Property, Tom Green County, Texas. For the Consideration, Grantor acting by and through its Mayor, who has been duly authorized to execute this instrument on Grantors behalf by resolution and order of Grantors City Council recorded in the City Councils official minutes hereby quitclaims to Grantee all of Grantor's right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax- Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in 5.023 of the Texas PropertyCode (or its successor) are herebyspecifically excluded. Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was 29. not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose. Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market value specified in the Judgment, or (2) the total amount of the Judgment. Grantee assumes full payment of any ad valorem taxes for the Property for the current year and all future years. When the context requires, singular nouns and pronouns include the plural. GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the Judgment ATTEST: By: ____________________________ Dwain Morrison, Mayor and duly-authorized agent Alicia Ramirez, City Clerk STATE OF TEXAS COUNTY OF TOM GREEN This instrument was acknowledged before me on _____________________, 2013, by Dwain Morrison, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in the above instrument. __________________________________ Notary Public, State of Texas After Recording, Return To: 30. Legal Description: Improved/Unimproved Tax Suit Number: Location: Parcel Size/Dimensions: City of San Angelo vs. Tax ID Number: Judgment Date: Date of Sheriff's Sale: Sheriff's Deed Recorded: 16 YRS Adjudge Value: 4,269.00$ No Amount of Offer: 750.00$ Amounts Due Priority % of Pro Rata Amounts Fees Judgment Allocations Remainder Allocations Distributed Administration Fee $500.00 $500.00 0.00% $500.00 Maintenance Fee $2,240.00 $2,240.00 100.00% $250.00 $250.00 District Clerk $0.00 $0.00 0.00% -$ -$ Sheriff's Fee $0.00 $0.00 0.00% $0.00 Attorney Fee $0.00 $0.00 0.00% -$ -$ Municipal Liens $0.00 0.00% $0.00 $0.00 Taxes $0.00 0.00% $0.00 $0.00 Total $2,740.00 -$ $2,240.00 100.00% $250.00 $750.00 Actual Total Amt Due $2,740.00 Amount Remaining 250.00$ Offer will satisfy a portion of the fees. No court costs are due. Purchased under Urban Redevelopment PROPERTY ANALYSIS For Tax Resale Property Years Held in Trust February 21, 1997 329 13th Street TAX90-0083B Unimproved Lot 2, Block 2, Pecan Place, being more particularly described in Volume 251, Page 235, Deed Records of Tom Green, Texas. Account #21-38600-0002-002-00 February 4, 1997 June 16, 1993 #21-38600-0002-002-00 Roy L. Mayo Account # 918 52' x 86' 31. Lot 2, Block 2, Pecan Place Addition 329 E 13th St 52' x 86' Copyright 2011 Esri. All rights reserved. Thu Dec 22 2011 09:08:38 AM. 32. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any or all of the following information from this instrument before it is filed for record in the public records: your social security number or your drivers license number. Tax-Resale Deed (Property Sold for Less than Adjudged Value) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County, and San Angelo Independent School District 72 West College Avenue San Angelo, Tom Green County, Texas 76903 Grantee: LOUIS A. PEREZ, a married person as his sole and separate property 112 W College Avenue San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements): Lot 9 of T. L. Salvato Subdivision of Block 2 of the E. S. Kirby Subdivision, City of San Angelo, Tom Green County, Texas. Account #23-41500-0002-009-00 Judgment: Judgment for the foreclosure of a tax lien against the Property entered on June 4, 1987 in Suit No. B-4723-B by the 119th District Court of Tom Green County, Texas. Sheriffs Deed: Grantor acquired full legal title to the Property both for its own benefit and as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Propertyunder the terms of the Judgment by Sheriffs Deed dated November 16, 1987, and recorded in Volume 58, Page 5, Official Public Records of Real Property, Tom Green County, Texas. For the Consideration, Grantor acting by and through its Mayor, who has been duly authorized to execute this instrument on Grantors behalf by resolution and order of Grantors City Council recorded in the City Councils official minutes hereby quitclaims to Grantee all of Grantor's right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax- Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in 5.023 of the Texas PropertyCode (or its successor) are herebyspecifically excluded. Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was 33. not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose. Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market value specified in the Judgment, or (2) the total amount of the Judgment. Grantee assumes full payment of any ad valorem taxes for the Property for the current year and all future years. When the context requires, singular nouns and pronouns include the plural. GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the Judgment ATTEST: By: ____________________________ Dwain Morrison, Mayor and duly-authorized agent Alicia Ramirez, City Clerk STATE OF TEXAS COUNTY OF TOM GREEN This instrument was acknowledged before me on _____________________, 2013, by Dwain Morrison, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in the above instrument. __________________________________ Notary Public, State of Texas After Recording, Return To: 34. Legal Description: Improved/Unimproved Tax Suit Number: Location: Parcel Size/Dimensions: City of San Angelo vs. Tax ID Number: Judgment Date: Date of Sheriff's Sale: Sheriff's Deed Recorded: 24 YRS Adjudge Value: 2,350.00$ No Amount of Offer: 750.00$ Amounts Due Priority % of Pro Rata Amounts Fees Judgment Allocations Remainder Allocations Distributed Administration Fee $500.00 $500.00 0.00% $500.00 Maintenance Fee $2,880.00 $2,880.00 91.86% $229.65 $229.65 District Clerk $155.23 $155.23 4.95% 12.38$ 12.38$ Sheriff's Fee $0.00 $0.00 0.00% $0.00 Attorney Fee $100.00 $100.00 3.19% 7.97$ 7.97$ Municipal Liens $0.00 0.00% $0.00 $0.00 Taxes $0.00 0.00% $0.00 $0.00 Total $3,635.23 -$ $3,135.23 100.00% $250.00 $750.00 Actual Total Amt Due $3,635.23 Amount Remaining 250.00$ Offer will satisfy a portion of the fees and court costs. Purchased under Urban Redevelopment PROPERTY ANALYSIS For Tax Resale Property Years Held in Trust November 18, 1989 105 Railroad Avenue B-4723-B Unimproved Lot 9 of T. L. Salvato Subdivision of Block 2 of the E. S. Kirby Subdivision, City of San Angelo, Tom Green County, Texas. Account #23-41500-0002-009-00 November 3, 1987 June 4, 1987 23-41500-0002-009-00 Molly Kelly Account # UNKNOWN 47' x 142' 35. Lot 9 of Savato Subdivision 105 Railroad Ave 47' x 142' Copyright 2011 Esri. All rights reserved. Wed Dec 14 2011 10:32:55 AM. 36. A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE MAYOR TO EXECUTE A TAX-RESALE (QUITCLAIM) DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SAN ANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAX FORECLOSURE JUDGMENT OR TAX WARRANT WHEREAS, by Sheriffs Sale, the properties described below were struck-off to the City of San Angelo, Trustee, pursuant to delinquent tax foreclosure decrees of the 119th Judicial District, Tom Green County, Texas; and WHEREAS, offers have been made for the purchase of said properties pursuant to Section 34.05, Texas Tax Code Ann.(Vernon, 1982); and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO that its Mayor, Alvin New, is hereby authorized to execute a Tax-Resale (quitclaim) Deed conveying the following described real properties to the following as specified below, all of the right, title, and interest of the City of San Angelo, and all other taxing units interested in the tax foreclosure Judgment or Tax Warrant, located in San Angelo, Tom Green County, Texas: Conveying to: LOUIS A. PEREZ, a married person as his sole and separate property; ($750): Lot 2, Block 2, Pecan Place, being more particularly described in Volume 251, Page 235, Deed Records of Tom Green, Texas. Account #21-38600-0002-002-00 LOUIS A. PEREZ, a married person as his sole and separate property; ($750): Lot 9 of the T. L. Salvato Subdivision of Block 2 of the E.S. Kirby Subdivision, City of San Angelo, Tom Green County, Texas. Account #23-41500-0002-009-00 APPROVED AND ADOPTED ON THE DAY OF , 2013. THE CITY OF SAN ANGELO Dwain Morrison, Mayor Attest: Alicia Ramirez, City Clerk Approved As to Content: Approved As to Form: 37. Cindy M. Preas, Real Estate Administrator Lysia H. Bowling, City Attorney 38. City of San Angelo Memo Meeting Date: July 16, 2013 To: City Council members From: Jeff Hintz, Interim Senior Planner Subject: Area examination and study of properties situated in northwestern San Angelo as requested by the Planning Commission at the February 18, 2013 meeting for a potential amendment to the Vision Plan Map of the Comprehensive Plan. Location: An area bounded to the west by Short Street, to the south by 37th Street, to the east by Columbia Street, and to the North by 44th Street. This area is south and west of the Coliseum and bisected by North Chadbourne Street. A map of this area is included in the background of this report. Purpose: Approval or modification of this request will update the Vision Plan Map component of the Comprehensive Plan. Contacts: Jeff Hintz, Interim Senior Planner 325-657-4210 AJ Fawver, Interim Director of Development Services Caption: APPROVAL OF AN AMENDMENT TO VISION PLAN COMPONENT OF THE SAN ANGELO COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, SPECIFICALLY PROPERTIES LOCATED BETWEEN 43RD STREET TO THE NORTH, COLISEUM DRIVE TO THE EAST, 40TH STREET TO THE SOUTH AND GRAPE CREEK ROAD AND CHADBOURNE STREET TO THE WEST, IN NORTHWESTERN SAN ANGELO. Summary: The City Council may: Approve the proposed Vision Plan map amendments as presented; Remand the Vision Plan map back to Planning Commission for further discussion; or 39. Deny the proposed Vision Plan Map Amendment in its entirety or on a property by property basis. Recommendation: Planning staff recommends no changes at this time to the Vision Plan Map for the area that was examined. At the April 15, 2013 meeting, the Planning Commission recommended extending the Neighborhood Center designation eastward as shown on the last map of this report, by a vote of 5-1. History and Background: On January 28, 2013 the Planning Commission directed Planning staff to examine a series of properties bounded by 40th Street to the south, Grape Creek Road to the west, Coliseum Drive to the east, and 43rd Street to the north. The direction was to provide the commission with a zoning history of the property. Upon this presentation and subsequent discussion at the February 18, 2013 meeting, staff was directed to examine the area and see if some changes to the Vision Plan Map would be appropriate at this time. On May 21, this request was tabled by the City Council to give time for the applicant to speak with his Council member a bit further so that more of an understanding of what was desired could be reached. It is staff's understanding this has now happened and as such, the presentation and further discussion will now occur. Analysis: The staff recommendation is based upon the statements listed below. This area is a unique area in the community in that it sees zoning that allows for intensive commercial opportunities, low-density residential opportunities and development, and medium-density residential development all within several blocks of one another. North Chadbourne Street is really a dividing line in this particular area in terms of development density and land usage. Properties situated west of Chadbourne Street occupy much larger tracts and include uses that are generally residential in nature, and have accessory buildings and large yards. In addition, this area has several opportunities for infill development both commercial and residential in nature. East of Chadbourne Street, the density of the residences increases slightly but is still more of a medium density. East of Chadbourne Street there are a few neighborhood- serving commercial enterprises, despite the higher intensity General Commercial/Heavy Commercial (CG/CH) zoning that is presently in place. This area east of Chadbourne Street is mainly residential in nature and the properties that are commercially zoned also sit vacant at this time. Staff has found that this area has opportunities for infill development that are not being implemented at this time. Given the generally low nature of development density west of 40. Chadbourne Street, this particular area is not needing additional commercial opportunities at this moment in time since the commercial opportunities present and envisioned in the Comprehensive Plan's Vision Plan map for this area are not being utilized now. This could mean that these areas are not properly located, but in staff's analysis of the area, "Neighborhood Center" and "Commercial" areas were found to be presently placed in locations where they will be successful. The presently identified "Neighborhood Center" is located in an area where it will be able to serve the neighborhoods surrounding Chadbourne Street. This "Neighborhood Center" shown on the vision map excerpt attached to this report is located at the center of this well-established residential area; this placement along a major arterial street ensures access to the center will be adequate and capable of handling the traffic flow. In addition, this placement establishes an appropriate transition into the neighborhood from the high intensity traffic present on Chadbourne Street. Staff realizes the zoning envisioned in this plan is presently not in place, but in the future (which is the purpose of a Comprehensive Plan) development of a "Neighborhood Center" caliber will allow this area to thrive and keep intensive uses in parts of the city where neighborhoods and community attractions are not present. This category is intended for lower intensity commercial opportunities and higher intensity residential opportunities. Staff has found this type of opportunity to be lacking in this general area with the present zoning in place, but in the future, this type of development opportunity would be highly appropriate along a major gateway into town and just south of an established civic events center (the Coliseum). Higher-intensity commercial development in this area in general is not consistent with the Comprehensive Plan's goals to buffer these intense uses from neighborhood development. Chadbourne street in this area is a well established neighborhood with opportunities for both low and medium density housing; allowing higher intensity uses with no buffer into these neighborhoods and along a major gateway into town and along a major route to a main entertainment arena would be contrary to the intent and goals of the Comprehensive Plan and Zoning Ordinance. The particular properties that specifically triggered this request are located just south of the Coliseum and occupy the Bill Murray subdivision. The properties fronting along Chadbourne Street are appropriate for commercial development from a traffic perspective. The arterial classification of this roadway and its design allows for this type of development to be successful and compatible with the neighborhood. The current configuration of Coliseum Drive is not presently developed in a manner from a traffic perspective that would make commercial development possible. Even when an event at the coliseum fills the parking lot just half full, there are problems along Coliseum Drive. When larger events take place, the traffic situation becomes exacerbated to another degree; adding commercial properties with the potential to draw more traffic into an area that is generally speaking residential in character. This would not be an ideal situation for the property owners who presently live in this area, nor would it be ideal for any potential business in the future. A business that has trouble bringing customers, workers, and deliveries to it will not last long and given the present status of the thoroughfares in this area, staff finds this to be the case. That being said, in the future there are several streets defined to be collector streets adjacent to this neighborhood center. In the future, if and when these collector streets are improved, a Vision Plan amendment may be in order at that time. Collector streets 41. are designed to have 60 feet of right-of-way and 50 feet of pavement. At this time, the collector streets that are in place have the appropriate right-of-way dedicated but lack the proper pavement width by nearly 15 feet in one case and 10 feet in another (an entire driving lane or two). The only way(s) these collector streets would be widened is as people do subdivisions or replats of current property adjacent to these called for thoroughfares; the other way would be for these streets to be included in the capital improvements plan and funded in that capacity. At this time, the development patterns and dominance of residences in the area and the capacity and capabilities of the street network in the area, changing the Vision Plan Map is not justified. Staff would be hesitant to expand just the "Neighborhood Center" portion east at this time given the lack of improvements on the street network and the increases in capacity and demand a "Neighborhood Center" designation could bring. Going to a higher-intensity "Commercial" designation would generate more traffic and intense uses than a "Neighborhood Center". The proximity to a decade's established neighborhood and lack of traffic capabilities have lead staff to the conclusion that the Vision Plan in this area if followed will allow for predictable and consistent development of the entire area which is a main objective of the Comprehensive plan and Zoning Ordinance. United States Census data indicates that for this area (minus about 15 lots in southeast corner of this study area due to the block protruding outside this study area) that approximately 171 people lived within our study area. This confirms our findings that this area is predominately home to low density, more sprawling residences; nearly one third of all parcels accounting for 45% of the total land area in this study had a land use of low density residential. The next dominant land usage in terms of total acreage was vacant commercial land. To say that this area is lacking commercial development opportunity would not be accurate given that there are 17 parcels totaling 29 acres (nearly 22%) of the study area that are zoned for commercial opportunities similar to what triggered this request that are going un-utilized at this moment in time. Introducing more commercial envisioned development opportunities to an area with a little under 200 people and nearly 30 acres of vacant commercially zoned land would not be appropriate at this time. As the area increases in density, staff has found more than enough opportunities in appropriately envisioned areas for this type of development. At this time, the demand of such a small population does not necessitate additional commercial property to the area. Perhaps in the future and as the area grows in population and commercial properties become more sparse additional commercial may be necessary; however given the data staff found in this analysis, that time is not now. The conditions in this area have not changed substantially in the time since the 2009 amendment was made to justify any change at this moment. Improvement to the street network and/or changes in development patterns in the future may lead staff to a different conclusion at that time; at this moment in time, adding more commercial zoning to an area over served by intensive commercial zoning, and with a street network that is not ready to handle this increased demand would not be advisable. This area is predominately residential in nature and will likely remain this way for some time. Any introduction of commercially envisioned areas needs to be done with the utmost care and concern to protect present and anticipated residential development patterns in the region. 42. Attachments: chart summarizing acreage and parcel findings for study area and; Aerial photo of the area; Current Land Use Map of the area; Vision Plan Map of the area; Thoroughfare Plan excerpt for the area; Planning Commission's recommended Vision Plan Map of the area; Minute excerpt from February 18 Planning Commission Meeting; and Minute excerpt from April 15, 2013 Planning Commission Meeting. Presentation: Jeff Hintz, Interim Senior Planner Total Parcels % of Total Parcels Land Area (acres) % Land Area Low Density Residential 52 32.30% 60.9 45.07% Higher Density Residential 55 34.16% 13.53 10.01% Vacant Land Residential 23 14.29% 17.32 12.82% Vacant Land Commercial 17 10.56% 29.13 21.56% Neighborhood Serving Commercial 8 4.97% 4.57 3.38% Non-Neighborhood Serving Commercial 6 3.73% 9.68 7.16% Total 161 100.00% 135.13 100.00% 43. VII. Review and discussion of staff findings resulting from Planning Commission's direction at the January 28, 2013 meeting for staff to examine the zoning history of properties specifically occupying the Bill Murray Subdivision, Lots 1-4 in northwest San Angelo. Jeff Hintz, Planner, came forward to present this item. At the direction of the Planning Commission at the last meeting, staff did research the zoning history of this property. Ms. Fawver asked Mr. Hintz to take a step back for a moment and provid