Loading...
07-09-2013 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL July 9, 2013, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Call to Order — Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. City Events and Announcements • Announcements of upcoming City Events (D. Harris /J. Bierschwale /B. James) • Announcements and recognitions by City Manager (J. Kessel) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered to be self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request by the Mayor or a Councilmember. 07 -09 -2013 Council Agenda 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of June 25, 2013, and the minutes of the Special Meeting of July 2, 2013. (J. Kessel /B. Dennis) 2. Ordinance No. 13 -T -19 — Consideration and/or action approving an Ordinance authorizing a budget adjustment to recognize an additional transfer from the CPS CIED Fund for an electrical upgrade project off Graytown Road; repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. Final Reading (J. Bierschwale /B. James) 3. Resolution No. 13 -R -53 — Consideration and /or action approving a Resolution authorizing an Interlocal Agreement with the City of Selma regarding the use of a sewer line in Kensington Ranch. (J. Bierschwale /J. Hooks) Discussion and Action Items 4. Ordinance No. 13 -S -20 — ZC2013 -006 - Conduct a public hearing and consideration and/or action upon a request to rezone approximately 2.668 + /- acres of land from General Business District (GB) to Planned Development District (PDD). The property is more specifically described as Lot 6, Block 1, of the Hubertus Retail Subdivision as recorded in Document #200806006465, plat records, Comal County, Schertz, Texas generally located at the southwest corner of FM 1103 and IH 35. First Reading (B. James/M. Sanchez) 5. Ordinance No. 13 -S -21 — Conduct a public hearing and consideration and/or action approving an Ordinance amending the Comprehensive Land Plan associated with the North and South Schertz Sector Plan; and the Historic Downtown Schertz Plan (Gateway Plan), and other matters in connection therewith. First reading (B. James /M. Sanchez) 6. Ordinance No. 13 -S -22 — Conduct a public hearing and consideration and/or action approving an Ordinance amending the Unified Development Code (UDC) associated with the North and South Schertz Sector Plan; and the Historic Downtown Schertz Plan (Gateway Plan), and other matters in connection therewith. First reading (B. James /M. Sanchez) 7. Ordinance No. 13 -T -23 — Consideration and/or action approving an Ordinance authorizing a budget adjustment from the Aviation Heights Phase 5 Waterline Project to the Maske Road Waterline Project, repealing all Ordinances or parts of Ordinances in conflict with this ordinance; and providing an effective date. First Reading (J. Bierschwale/J. Hooks) Roll Call Vote Confirmation 07 -09 -2013 City Council Agenda Page - 2 - Requests and Announcements 8. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 10. Requests by Mayor and Councilmembers to City Manager and Staff for information. 11. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Executive Session Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; and Consultations with the City Attorney regarding advice on legal matters; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Section 551.087 Texas Government Code — Deliberation regarding Economic Development Negotiations. Reconvene into Regular Session 12. Take any action deemed necessary as a result of the Executive Session. Adiournment CERTIFICATION 07 -09 -2013 City Council Agenda Page - 3 - I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 3rd DAY OF JULY 2013 AT 5:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. grev02 Deww%s Brenda Dennis CPM, TRMC, MMC, City Secreta I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2013. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 619 -1030 at least 24 hours in advance of meeting. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Mayor Pro -Tem Edwards — Place 4 Audit Committee Audit Committee Hal Baldwin Scholarship Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Councilmember Fowler — Place 1 Councilmember Sca0iola — Place 2 Interview Committee for Boards and Commissions Animal Control Advisory Committee Schertz Housing Board Liaison Cibolo Valley Local Government Corporation Interview Committee for Boards and Commissions Sweetheart Advisory Committee Councilmember Antuna - Place 3 Councilmember — Verinder — Place 5 ASA Commuter Rail District Board — Lone Star Audit Committee Randolph Joint Land Use Study QLUS) Executive Investment Advisory Committee Committee Schertz Seguin Local Government Corporation 07 -09 -2013 City Council Agenda Page - 4 - CITY COUNCIL MEMORANDUM City Council Meeting: July 9, 2013 Department: Subject: BACKGROUND City Secretary Minutes Agenda No. 1 The City Council held a regular meeting on June 25, 2013, and a Special Meeting on July 2, 2013. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting of June 25, 2013, and the minutes of the special meeting of July 2, 2013. ATTACHMENT Minutes — regular meeting June 25, 2013 Minutes — special meeting July 2, 2013 MINUTES REGULAR MEETING June 25, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 25, 2013, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael R. Carpenter Councilmember Jim Fowler Councilmember George Antuna Staff Present: Executive Director Brian James City Attorney Katherine Tapley CALL TO ORDER: Mayor Pro -Tem Cedric Edwards Councilmember David Scagliola Councilmember Sydney Verinder Executive Director John Bierschwale Chief of Staff Bob Cantu City Secretary Brenda Dennis Mayor Carpenter called the Regular Meeting to order at 6:00 p.m. y INVOCATION AND PLEDGES OF NLLEGIANCE TO THE FLAGS OF THE UNITED STATES AND THE STATE OF TEXAS4 Pastor John Bowling with Community Bible Church gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Presentations • Presentation and update regarding the Playscape Cameras. (B. James/P. Gaudreau) Mayor Carpenter recognized Owner's Representative Phil Gaudreau and IT Director Myles Clauser who provided a brief presentation regarding the planning process and placement of the Playscape Cameras. Mr. Clauser provided a live demonstration of the capabilities of the cameras. Mayor Carpenter recognized Boy Scout Travis Frasier with Troop 343 who was in the audience this evening working on his Citizenship in the Community merit badge. City Events and Announcements • Announcements of upcoming City Events (D. Harris /J. BierschwaleB. James) Mayor Carpenter recognized Executive Director of Development Brian James who announced the following upcoming events: • Friday, June 28, 2013 — Hog Wild 2013 — Free Continuing Education Seminar for Elected & Appointed Officials & Government Employees, 8:30 a.m. to 3:45 p.m., New Braunfels Civic Center. 06 -25 -2013 Minutes Page - 1 - • Monday, July 1, 2013 — Emergency Management Table Top Exercise, 10:00 a.m. to Noon — Schertz Civic Center, Bluebonnet Hall. • Tuesday, July 2, 2013 — Regular City Council meeting - CANCELLED • Tuesday, July 2, 2013 - United States Air Force Band of the West will be playing at 7:00 p.m. at the Schertz Civic Center. • Wednesday, and Thursday, July 3rd, and July 4th — 38th Annual Schertz Jubilee Celebration — Visit Schertz.com for detailed information. There will be a race before the parade on the 4th benefiting Veterans Memorial Plaza. • Friday, July 12, 2013 — Texas Municipal League Region 7 Dinner, 6:00 p.m. in Leon Valley, more details will follow. If interested in attending please contact the City Secretary. • Monday, July 15, 2013 — Police Department as arranged for Mr. James T. Reese, PhD., to come speak about Ethics Based Leadership and Achieving Success without Stress. The event will be held at the Schertz Civic Center from 8:30 a.m. to 4:00 p.m. Final announcement, Mr. James introduced our newest employee in the Info ation Technology Department, Kevin Bean. Mr. James provided a brief bio on Kevin. • Announcements and recognitions by City Manager No announcements provided. Workshop *Ahh.., N461,w Discussion and direction regarding a exclusive franchise contract with Bexar Waste Bierschwale /K. Tapley) (J. Mayor Carpenter recognized Executive Director of Operations John Bierschwale who provided the following potential pitfalls with an exclusive franchise: • Although bidding is not required, if the City does not go out for a bid, it may give an incentive for other providers to sue the City. • There is less flexibility. If the provider is technically satisfying the requirements of the franchise agreement and the customer services decrease, the City is stuck with that one provider for services. • If the City goes out for a competitive bid now for an exclusive franchise and another company has better terms than Bexar Waste, the City cannot automatically enter into an exclusive franchise agreement with that other company because the City has already entered into a non - exclusive agreement with Bexar Waste. Mr. Bierschwale and City Attorney Katherine Tapley also presented the following benefits of a non - exclusive franchise: • It is up to City Council to decide whether or not to entertain other requests for franchise agreements. Although there is not an exclusive franchise agreement in place, a decision not to enter into other franchise agreements has the same effect as having an exclusive agreement. • There is more flexibility. 06 -25 -2013 Minutes Page - 2 - There is more of an incentive for the provider to continue to provide excellent services (in excess of what is required by the franchise agreement) to provide an incentive to the City not to enter into any other franchise agreements. Mayor Pro -Tem Edwards, Councilmembers Antuna, and Verinder stated that they wanted to see an exclusive contract brought forward. Councilmembers Fowler and Scagliola voiced their concerns regarding entering into an exclusive contract. Council further discussed items such as, terms of the contract, adding a buy -out clause, and terms for emergency clean ups. Mayor Carpenter stated that he would like the Council to visit with Mr. Bierschwale and Henry Gutierrez of Bexar Waste to see if an exclusive contract would be beneficial to both parties. Staff will come back in three weeks and provide the updated information. Hearing of Residents: **%, This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinen slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Carpenter recognized the following citizens who spoke: 4W • Ms. Clare Layton, 12231 Lost Meadows Drive, who spoke on the public images of the City. • Mr. Johnie McDow, 3640 Prairie Lane, who provided updates regarding the events of the Buffalo Valley Youth Association. • Mr. Jake Jacobs, 3500 Hamilton Place, who presented the Mayor with a check in the amount of $2,865.74 and personal checks in the amount $446.00 for a total of $3, 311.74 payable to the American Red Cross from the proceeds of the recent Schertz Community wide rummage sale, bake sale and raffle auction benefiting the families in Moore Oklahoma, which was spearheaded by Ms. Sherry Sharp. Consent Agenda Items The Consent Agenda is considered to be self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request by the Mayor or a Councilmember. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of June 18, 2013. Q. Kessel /B. Dennis) Recommend approval. 06 -25 -2013 Minutes Page - 3 - 2. Ordinance No. 13 -T -18 — Consideration and/or action approving an Ordinance authorizing a budget adjustment to transfer personnel budget funds from the Engineering Department to the Information Technologies Department; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. Final Reading (B. James /M. Clauser) ORDINANCE NO. 13 -T -18 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO TRANSFER PERSONNEL BUDGET FUNDS FROM ENGINEERING DEPT TO THE INFORMATION TECHNOLOGIES DEPARTMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Mayor Pro -Tem Edwards, who ' moved, seconded by Councilmember Antuna, to approve the consent agenda items 1 and 2. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna and Verinder voting yes and no one voting no. Motion Carried. Discussion and Action Items 3. ZC2013 -008 — Conduct a public hearing, upon a reques proposed street name change of Enterprise Avenue to Schertz Parkway from the inter of IH 35 frontage road extending north to the intersection of Lookout Road. (B. Jame, of Mayor Carpenter recognized Development Services Director Michelle Sanchez who introduced this item stating the City of Schertz has requested that the street name of Enterprise Avenue be changed to Schertz Parkway from the north side of IH 35 beginning at the intersection of the IH 35 frontage road and extending north to the intersection of Lookout Road. Affected property owners were notified on May 31, 2013. The Planning and Zoning Commission held a public hearing and considered the street name change on June 12, 2013 and made a recommendation for approval. The Selma Planning and Zoning Commission will consider the request at their meeting on June 24, 2013 and at the Selma City Council meeting of July 11, 2013. Although this request was originally scheduled to be presented to the Schertz City Council for a public hearing and consideration on June 25, 2013, it was decided to postpone the City Council hearing until July 16, 2013 so that the City Council can be aware of the outcome of the City of Selma's determination. Property owners have been re- notified of the City Council meeting scheduled for July 16, 2013. Mayor Carpenter opened the public hearing and as no one spoke, closed the public hearing. Mayor Carpenter stated that the City will hear this item again on July 16, 2013. No action taken. 06 -25 -2013 Minutes Page - 4 - 4. ZC2013 -009 - Conduct a public hearing, upon a request for a proposed street name change of Lookout Road to Old Selma Road from the intersection of Enterprise Avenue extending east to the intersection of Tri- County Parkway. (B. James/M. Sanchez) Mayor Carpenter recognized Development Services Director Michelle Sanchez who introduced this item stating that the City of Schertz has requested that the street name of Lookout Road located on the north side of IH 35 beginning at the intersection of Enterprise Avenue extending east to the Intersection of Tri - County Parkway be changed to Old Selma Road. Affected property owners were notified on May 31, 2013. The Planning and Zoning Commission held a public hearing and considered the street name change on June 12, 2013 and tabled the request. The Selma Planning and Zoning Commission will consider the request at their meeting of June 24, 2013 and at the Selma City Council meeting of July 11, 2013. Although this request was originally scheduled to be presented to the Schertz City Council for a public hearing and consideration on June 25, 2013, it was decided to postpone the City Council hearing until July 16, 2013 so that th City Council can be aware of the outcome of the City of Selma's determination. Property o ers have been re- notified of the City Council meeting scheduled for July 16, 2013. " Staff recommends postponing the public hearing until July 16, 2013. .1� Mayor Carpenter opened the public hearing and recognized the following who spoke: • Mr. Robert Brockman, 1000 Elbel, who asked how many notices were sent out and how many responses received. • Mr. Grumpy Azzoz, 528 Wayward Pass, who spoke against the name change. • Mr. David Richmond, Planning and Zoning Chair who provided his comments regarding the Planning & Zoning Commissions decision to postponed action. As no one else spoke, Mayor Carpenter closed the public hearing. Mayor Carpenter stated that the City will hear this item again on July 16, 2013. No action taken. 5. Resolution No. 13 -R -50 — Consideration and /or action approving a Resolution authorizing a construction contract with D. Wilson Construction Company for the construction of three (3) Baseball Fields. (B. James /P. Gaudreau) The following was read into record: RESOLUTION NO. 13 -R -50 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CONSTRUCTION CONTRACT FOR THE CONSTRUCTION OF THREE BASEBALL FIELDS, AN EQUIPMENT STORAGE BUILDING AND ASSOCIATED SUPPORT SYSTEMS AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Owner's Representative Phil Gaudreau who stated that action requested of Council is to authorize the City Manager to execute the construction contract 06 -25 -2013 Minutes Page - 5 - 0 for the construction of three (3) baseball fields, an equipment storage building and associated support systems with D. Wilson Construction Company in the amount not to exceed $1,500,000. Funds are available out of the 2010 bond package. Staff recommends approval. Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by Councilmember Fowler, to approve Resolution No. 13 -R -50. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna and Verinder voting yes and no one voting no. Motion carried. Resolution No. 13 -R -51 — Consideration and /or action approving a Resolution authorizing a construction contract with Alpha Building Corporation for the renovation of the existing Soccer Fields and construction of a new Concession Building and Parking lots and associated support systems for the Soccer Fields. (B. James/P. Gaudreau) The following was read into record: RESOLUTION NO. 13 -R -51 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CONSTRUCTION CONTRACT FOR THE RENOVATION OF THE EXISTING SOCCER FIELDS AND CONSTRUCTION OF A NEW CONCESSION BUILDING AND PARKING LOTS AND ASSOCIATED SUPPORT SYSTEMS AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Owner's Representative Phil Gaudreau who stated action requested of Council is to authorize the City Manager to execute the construction contract for the renovation of the existing soccer fields and construction of a new concession building and parking lots and associated support systems with Alpha Building Corporation for the amount not to exceed $3,539,037. Funds are available out of the 2010 bond package. Staff recommends approval. Mayor Carpenter recognized Councilmember Fowler, who moved, seconded by Councilmember Scagliola, to approve Resolution No. 13 -R -51. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna and Verinder voting yes and no one voting no. Motion Carried. 7. Ordinance No. 13 -T -19 — Consideration and/or action approving an Ordinance authorizing a budget adjustment to recognize an additional transfer from the CPS CIED Fund for an electrical upgrade project off Pfeil Road; repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. First Reading (J. Bierschwale /B. James) The following was read into record: 06 -25 -2013 Minutes Page - 6 - ORDINANCE NO. 13 -T -19 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO RECOGNIZE AN ADDITIONAL TRANSER FROM THE CPS CIED FUND FOR AN ELECTRICAL UPGRADE PROJECT OFF PFEIL ROAD; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Executive Director of Development Brian James who introduced this item stating that a request has been made by CPS Energy to fund the cost to replace a section of old wood poles with steel poles on a project off of Graytown Road at a cost of $13,232.65. Since the cost of steel poles is roughly double that of wooden poles, CPS is asking Schertz to fund this cost difference. In the past, this cost would have been potentially covered by the former CPS CEID Fund, which has since been dissolved and excess funds disbursed to suburban cities, including Schertz. Schertz has received a payout of $264,330 and now has an estimated balance of $105,727 following a payment to Capital Group for a rebate of property taxes in FY 2012 -13 of $158,603. Sufficient funds exist in this fund to cover this request. Mr. James stated that this action will further the efforts of the City to utilize steel utility poles instead of wooden poles to provide for a potentially longer lifespan and is more aesthetically pleasing than wood. Action requested of Council is to approve a budget adjustment transfer of $13,300 from CPS CEID fund reserves to a budgeted line item for payment of the utility upgrade based on the request from CPS Energy. Staff recommends approval. Mayor Carpenter recognized Mayor Pro -Tem Edwards, who moved, seconded by Councilmember Scagliola, to approve Ordinance No. 13 -T -19 first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna and Verinder voting yes and no one voting no. Motion Carried. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for the agenda items 1 through 7. Requests and Announcements 8. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 06 -25 -2013 Minutes Page - 7 - Mayor Carpenter recognized Executive Director of Operations John Bierschwale who reminded Council of the upcoming 4th of July Celebration Events. Mr. Bierschwale also asked for everyone's thoughts and prayers as he has received word that Pat Lindner, Attorney for the Schertz Seguin Local Government Corporation lost his son in a car accident. 9. Requests by Mayor and Councilmembers that items be placed on a firture City Council agenda. 10 No items requested. Yk* Requests by Mayor and Councilmembers to City Manager and Staff for No information requested. 11. Announcements by Mayor and Councilmembers information. • City and community events attended and to be attended ow • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees IK • Recognition of actions by community volunteers • Upcoming City Council agenda items I A Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated that he had attended an All Sports Booster Club meeting at the Library and publically thanked Gail Douglas and her staff for their assistance. V Mayor Pro -Tem Edwards also publically thanked Ms. Sherry Sharp for organizing the fund raising event for the victims of Moore Oklahoma and also thanked the staff at the Civic Center for hosting the event. Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following events • Thursday, June 20, 2013, After Hours Mixer, hosted by Hands N Harmony Wellness Center & Spa, Main street • Last week conducted interviews for the Deputy City Secretary position. Mayor Carpenter recognized Councilmember Antuna who expressed his condolences to the Lindner Family on their loss. Councilmember Antuna stated that this week he attended the Schertz - Seguin Local Government Corporation meeting. Executive Session 06 -25 -2013 Minutes Page - 8 - Council did not meet. 12. Take any action deemed necessary as a result of the Executive Session. No action taken as Council did not meet. Adjournment As there was no further business, the meeting was adjourned at 7:44 p.m. ATE City Mayor, Michael R. Carpenter 06 -25 -2013 Minutes Page - 9 - MINUTES Special Executive Session City Council July 2, 2013 A Special Executive Session meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 2, 2013, at 10:00 a.m., at the Hal Baldwin Municipal Complex Council Chambers Conference Room, 1400 Schertz Parkway, Building #4, Schertz Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Jim Fowler Councilmember George Antuna Mayor Pro -Tem Cedric Edwards Councilmember David Scagliola Councilmember Sydney Verinder Staff Present: City Manager John Kessel City Secretary Brenda Dennis Call to Order — Special Session Mayor Carpenter called the Special meeting to ord at 10:05 a.m. Executive Session Ll Mayor Carpenter recessed the special meeting into executive session at 10:05 a.m. Called under: Section 551.074 Texas Government Code — Deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of the Deputy City Secretary. 11 Reconvene into Special Session Mayor Carpenter reconvened into regular session at 1:11 p.m. • Take any action deemed necessary as a result of the Executive Session. Mayor Carpenter recognized Mayor Pro -Tem Edwards, who moved, seconded by Councilmember Scagliola to make an offer to hire Ms. Donna Schmoekel as the Deputy City Secretary. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna and Verinder voting yes, and no one voting no. Motion Carried. Mayor Carpenter recognized Mayor Pro -Tem Edwards, who moved, seconded by Councilmember Antuna, to set the Deputy City Secretary salary at $43,803. The vote was unanimous with Mayor Pro- Tem Edwards, Councilmembers Fowler, Scagliola, Antuna and Verinder voting yes, and no one voting no. Motion Carried. ADJOURNMENT As there was no further business, the special meeting was adjourned the 1:15 p.m. 07- 025 -2013 Minutes Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis 07 -02 -2013 Minutes Page - 2 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: July 9, 2013 Department: City Manager Subject: Ordinance No. 13 -T -19 Budget Adjustment to provide of funds for the CPS Energy Graytown Road Project. (Final Reading) BACKGROUND A request has been made by CPS Energy to fund the cost to replace a section of old wood poles to steel poles on a project off of Graytown Road costing $13,232.65. Since the cost of steel poles is roughly double of wooden poles, CPS is asking Schertz to fund this cost difference. In the past, this cost would have been potentially covered by the former CPS CEID Fund that has since been dissolved and excess funds disbursed to suburban cities including Schertz. Schertz has received a payout of $264,330 and now has an estimated balance of $105,727 following a payment to Capital Group for a rebate of property taxes in FY 2012 -13 of $158,603. Sufficient funds exist in this fund to cover this request. City Council passed this on first reading at their meeting of June 25, 2013. Goal Provide funding for the differential cost for steel poles in the Graytown Road electric system upgrade. Community /City Benefit This action will further the efforts of the City to utilize steel utility poles instead of wooden poles to provide for a potentially longer lifespan and is more aesthetically pleasing than wood. Summary of Recommended Action Approve transferring $13,300 from CPS CEID fund reserves to a budgeted line item for payment of the utility upgrade. FISCAL IMPACT This action will transfer $13,300 from CPS CEID fund reserves to a budgeted line item for payment of the utility upgrade. RECOMMENDATION Approve Ordinance No. 13 -T -19 on final reading authorizing a budget amendment transferring $13,300 from CPS CEID fund reserves to a budgeted line item for payment of the utility upgrade. ATTACHMENT(S) Ordinance No. 13 -T -19 ORDINANCE NO. 13 -T -19 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO RECOGNIZE AN ADDITIONAL TRANSER FROM THE CPS CIED FUND FOR AN ELECTRICAL UPGRADE PROJECT OFF GRAYTOWN ROAD; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 12 -T -25, the City of Schertz (the "City") adopted the budget for the City for the fiscal year 2012 -2013 (the `Budget), which provides funding for the City's operations throughout the 2012 -2013 fiscal year; and WHEREAS, the City needs to adjust the Budget to recognize an additional $13,300.00 for electrical upgrades on Graytown Road from CPS CIED fund; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve recognition of funds from the CPS CIED Funds for the electrical upgrades; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to adjust the Budget and approve the expenditure related to the electrical upgrades, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget and shall recognize an additional $13,300.00 from the CPS CIED Fund to fund the electrical upgrades on Graytown Road. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 25th day of June, 2013 PASSED, APPROVED and ADOPTED ON SECOND READING, the 9th day of July, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50558021.1 - 2 - Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: July 9, 2013 Department: Public Works Subject: Resolution 13 -R -53 — Interlocal Agreement regarding sanitary sewer connections — Kensington Ranch (City of Schertz and City of Selma) BACKGROUND A portion of the sanitary sewer system of the Trails at Kensington Ranch Subdivision is currently connected via one or more Schertz sanitary sewer gravity lines to the Cibolo Creek Municipal Authority sanitary sewer collection system. An Interlocal Agreement between Schertz and Selma, dated January 1, 2007, was approved by the City Council of Schertz by Resolution No. 07 -R -05 on January 23, 2007 and by the City Council of Selma on January 11, 2007. The Kensington Ranch II Subdivision is currently being developed within the city limits of Selma and due to the proximity of the Subdivision to Schertz's city limits and because both cities have determined that it is the best engineering solution in connection with a possible future regional sewer infrastructure, it is the desire to have landowners in the Kensington Ranch II Subdivision connect to the City of Schertz sanitary sewer system to provide sewer service to the Subdivision. Number of Connections: Original Agreement (2007): 327 Connections New Agreement 2013): 381 Connections Total Connections: 708 Connections Goal This Interlocal Agreement will repeal and replace Resolution No. 07 -R -05 to include the Kensington Ranch II Subdivision. Community Benefit To work cooperatively with a sister city to provide adequate sanitary sewer service to residents of the Kensington Ranch II Subdivision and to provide for a possible future regional sewer infrastructure. Summary of Recommended Action Staff recommends that Council approve Resolution 13 -R -53 and proceed with the Interlocal Agreement with the City of Selma. FISCAL IMPACT City of Selma pays $12.95 per connection per year. RECOMMENDATION Staff recommends approval of Resolution 13 -R -53 ATTACHMENTS Resolution 13 -R -53 Exhibit "A" Trails at Kensington Ranch Subdivision Exhibit `B" Kensington Ranch II Subdivision RESOLUTION NO. 13 -R -53 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A INTERLOCAL AGREEMENT WITH THE CITY OF SELMA RELATING TO SANITARY SEWER CONNECTIONS - KENSINGTON RANCH, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into a Interlocal agreement with the City of Selma relating to certain sanitary sewer facilities; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the City of Selma pursuant to the Interlocal Agreement Regarding Sanitary Sewer Connections — Kensington Ranch (City of Schertz and City of Selma) attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the City of Selma in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 9th day of July, 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50234811.1