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08-27-2013 Agenda with Backup MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL August 27, 2013, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 AGENDA TUESDAY, AUGUST 27, 2013 AT 6:00 P.M. Call to Order ? Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Pastor Stephen Prescod, Church of the First Born, Schertz) 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 3 no more than 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. Workshop Discussion and consideration and/or action regarding Council Liaison positions on the various City boards and commissions. (Mayor Carpenter/Council) Consent Agenda Items ðèóîéóîðïí Ý±«²½·´ ß¹»²¼¿ 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 1. - Consideration and/or action regarding the approval of the minutes of the Regular Meetings of August 13, 2013, and August 20, 2013. (J. Kessel/B. Dennis) Ordinance No. 13-S-30 ? 2.Consideration and/or action amending Part III, Schertz Code of Ordinances, Article 11 Section 21.11.9B of the Unified Development Code (UDC) of the City of Schertz, Texas; repealing all Ordinances or parts of Ordinances Final Reading in conflict with this Ordinance; and providing an effective date. (B. James/M. Sanchez) Resolution No. 13-R-67 3. ? Consideration and/or action approving a Resolution by the City Council of the City of Schertz authorizing a First Amendment to a Temporary License Agreement for the access to and use of City Property as a staging area for the construction of the San Antonio Water Systems (SAWS) Water Tank and related facilities and other matters in connection therewith. (B. James/M. Sanchez) Discussion and Action Items Appointments/Reappointments and Resignations to City Boards, Commissions, 4. Committees ? Consideration and/or action regarding appointments/reappointments and resignations to City Boards, Commissions, and Committees. (J. Kessel/B. Dennis) Resignation of Patti Lovelady ? Library Board Ordinance No. 13-T-33 5.? Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing a budget adjustment to refund Parkland Dedication fees and Parkland Development fees to three developers that overpaid Parkland Dedication and Development fees specified by Resolution 08-R-09; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance and First Reading providing an effective date. (B. James/M. Sanchez/G. Logan) Public Hearing Fiscal Year 2013-14 Budget 6. ? Conduct a public hearing and íõ (Second consideration and/or action approving the City of Schertz FY 2013-14 Budget. required public hearing) (J. Kessel/J. Walters) Ordinance No. 13-T-34 - City of Schertz FY 2013-14 Budget - Consideration and/or First Reading action approving an Ordinance on the proposed FY 2013-14 Budget. (J. Kessel/J. Walters) Public Hearing on the Proposed Tax Rate for FY 2013-14 ? 7.Conduct a public íõ hearing and consideration and/or action regarding the adoption of the FY 2013-14 Tax (Second required public hearing) Rate. (J. Kessel/J. Walters) ðèóîéóîðïí Ý·¬§ Ý±«²½·´ ß¹»²¼¿Ð¿¹»ó î ó Ordinance No. 13-T-35 -Tax Rate for Fiscal Year 2013-14 - Consideration and/or First Reading action approving an Ordinance on the proposed FY 2013-14 Tax Rate. (J. Kessel/J. Walters) Roll Call Vote Confirmation 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 actiondeemed necessary as a result of the Executive Session. ðèóîéóîðïí Ý·¬§ Ý±«²½·´ ß¹»²¼¿Ð¿¹»ó í ó Adjournment CERTIFICATION 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 23rd DAY OF AUGUST 2013 AT 10:30 A.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. ûËØÏÙÜùØÏÏÔÊ Brenda Dennis CPM, TRMC, MMC, City Secretary 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 CarpenterMayor Pro-Tem Fowler ? Place 1 Audit Committee Interview Committee for Boards and Commissions Hal Baldwin Scholarship Committee Schertz Housing Board Liaison Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Councilmember Scagliola ? Place 2Councilmember Antuna - Place 3 Animal Control Advisory Committee ASA Commuter Rail District Board ? Lone Star Cibolo Valley Local Government Corporation Randolph Joint Land Use Study (JLUS) Executive Interview Committee for Boards and Commissions Committee Sweetheart Advisory Committee Schertz Seguin Local Government Corporation Councilmember Edwards ? Place 4Councilmember ? Verinder ? Place 5 Audit CommitteeAudit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee ðèóîéóîðïí Ý·¬§ Ý±«²½·´ ß¹»²¼¿Ð¿¹»ó ì ó Workshop CITY COUNCIL MEMORANDUM City Council Meeting: August 27, 2013 Department: Council Subject: Workshop ? Discussion and consideration and/or action regarding the various Council liaison positions on City Boards and Commissions BACKGROUND This item was requested by Mayor Carpenter. From time to time Council will take the opportunity to reevaluate their roles and assignments on the various City Council liaison assignments within the City. FISCAL IMPACT None RECOMMENDATION Staff recommends Council discuss the following City Liaison Assignments: Animal Control Advisory Committee: Currently Councilmember Scagliola serves ASA Commuter Rail District Board ? Lone Star: Currently Councilmember Antuna serves Audit Committee: Currently Mayor Carpenter, Councilmembers Edwards and Verinder serve Cibolo Valley Local Government Corporation: Currently Councilmember Scagliola serves Hal Baldwin Scholarship Committee: Currently Mayor Carpenter and Councilmember Edwards serve Interview Committee for appointments to City Boards and Commissions: Currently Mayor Carpenter, Mayor Pro-Tem Fowler, and Councilmember Scagliola serve Investment Advisory Committee: Currently Mayor Carpenter and Councilmember Verinder serve City Council Memorandum Page 2 Randolph Joint Land Use Study (JULUS) Executive Committee: Currently Councilmember Antuna serves Schertz Housing Board Liaison: Currently Mayor Pro-Tem Fowler serves Schertz-Seguin Local Government Corporation: Currently Councilmember Antuna serves Sweetheart Advisory Committee: Currently Councilmember Scagliola serves TIRZ II Board: Currently Mayor Carpenter serves Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: August 27, 2013 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a regular meeting on August 13, 2013, and on August 20, 2013. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes ofthe regular meetings of August 13, 2013, and August 27, 2013. ATTACHMENT Minutes ?regular meetings August 13, 2013, and August 20, 2013 MINUTES REGULAR MEETING August 13, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 13, 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 Carpenter Mayor Pro-Tem Jim Fowler Councilmember David Scagliola Councilmember Cedric Edwards Councilmember Sydney Verinder Staff Present: City Manager John Kessel Executive Director David Harris Executive Director John Bierschwale Executive Director Brian James Chief of Staff Bob Cantu City Attorney Katherine Tapley City Secretary Brenda Dennis Deputy City Secretary Donna Schmoekel Councilmember George Antuna was absent. CALL TO ORDER: Mayor Carpenter called the Regular Meeting to order at 6:00 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND THE STATE OF TEXAS. Minister Chris Schaefer, Randolph Church of Christ, Universal City provided the invocation, followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Mayor Carpenter requested a moment of silence regarding the recent passing of Senior Utility Billing Clerk Jo Ann Ferguson. City Events and Announcements Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James) Mayor Carpenter recognized Executive Director of Support David Harris who provided the following announcements of upcoming events: Friday, August 16, 2013 ? 6:00 p.m. to 11:00 p.m. Schertz Area Senior Center Gala Dinner and Dance, Schertz Civic Center. Monday, August 19, 2013 ? 9:00 a.m. to 11:00 a.m. West, Texas Response and Investigation Presentation, Civic Center Bluebonnet Hall. Monday, August 19, 2013 ? 6:45 p.m. Toastmasters Meeting ? ?Beat the fear of public speaking? Hosted by the Schertz Chamber of Commerce, Comfort Inn and Suites ? 5571 IH 35 North. Tuesday, August 20, 2013 ? 11:30 a.m. Schertz Chamber of Commerce Luncheon, Schertz Civic Center. 08-13-2013 Minutes Page- 1 - Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who mentioned the passing of Senior Billing Clerk, Jo Ann Ferguson, and extended his condolences and prayers to the family. Mr. Kessel shared an email from Fleet Maintenance Supervisor Jon Harshman thanking the EMS Department regarding help and delivery of vehicles, as well as an email back from the EMS Department back to fleet. Hearing of Residents: This time is set aside for any person who wishes to address the City Council. Each person should fill 3 out the speaker?s register prior to the meeting. Presentations should be limited to no more than 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. Mayor Carpenter recognized the following who spoke: Student Torin Hicks, of Kung Jung Mu Sul who provided information on their upcoming August events, inviting the Council to attend. Mr. Don Taylor, 2436 Tree Branch, who spoke in opposition of item 2 and item 7. Mr. Grumpy Azzoz, 528 Wayward Pass, who spoke in opposition of item 7. Mr. Azzoz expressed his concern regarding item 2, and cautioned the city in giving an open check book. Mr. Louis Rojas, 2916 Cottonwood Drive, who spoke requesting an ordinance be passed regulating the up keep and standards on the exteriors of businesses. He also spoke in opposition of item 7. Workshop Presentation and discussion of the FY 2013-14 Proposed Budget. (J. Kessel/ J. Walters) Mayor Carpenter recognized Budget & Finance Analyst James Walters who provided a Power Point presentation regarding the proposed FY 2013-14 budget, noting that this is also a five-year budget projection, and answered questions from Council. The following information was included: FY 2013-14 Proposed Budget Budget Goals: 08-13-2013 Minutes Page- 2 - Balanced Structurally Conservative and Responsible Follows Financial Policies Maintains Current Service Levels Focuses on Priorities All Funds ? Revenues: General Fund $23,125,022 Special Events Fund 147,100 PEG Fund 361,500 Water & Sewer Fund 19,153,029 EMS Fund 7,359,681 Drainage Fund 1,042,700 Hotel Tax 508,288 Park Fund 150,300 Tree Mitigation 139,525 Capital Recovery 2,895,869 I&S Fund 5,705,230 Historical Committee 5,650 Parks & Rec Foundation 293,850 SEDC3,105,211 Grand Total $63,992,955 All Funds ? Expenses: Administrative $5,390,018 General Fund 17,228,579 Special Events Fund 147,100 PEG Fund 361,500 Water & Sewer Fund 19,015,038 EMS Fund 6,833,405 Drainage Fund 1,039,006 Hotel Tax 508,288 Park Fund 40,000 Tree Mitigation 139,525 Capital Recovery 2,326,109 I&S Fund 5,596,775 Historical Committee 5,650 Parks & Rec Foundation 275,250 SEDC3,074,554 Grand Total $61,980,797 Budget Highlights: Elevated Water Tank Construction Master Communication Plan Phase 1 Council Chamber Improvements New Vacuum & Router Truck for Public Works Northcliffe Waterline Replacement 08-13-2013 Minutes Page- 3 - Tax Rate Proposals Tax Rate CurrentPreliminary Tax RateAlternative M&O $0.2993 $0.3035 $0.3010 I&S $0.2006 $0.1964 $0.1964 Total $0.4999 $0.4999 $0.4974 M&O Impact $0 $103,740 $41,990 General Fund: Revenues $ 23,125,022 Expenditures $ 22,618,597 Increase of Fund Balance $ 506,425 Beginning Fund Balance $ 3,976,709 Ending Fund Balance $ 4,483,134 25% Requirement Policy $ 5,637,149 New Programs: $ 125,000 Merit Program $ 47,000 Computer Technician $ 14,000 Part-time Animal Adoption Facility Technician $ 45,000 New Animal Adoption Center Operations $ 231,000 Total New Programs General Fund Capital Purchases: Replace Vehicle for Marshal Services Purchase of 2 Vehicles for Streets (reimbursed by Water) Council Chamber Improvements (reimbursed by court security, court technology, and hotel tax restricted funds) New Email Server and Set up Increase the amount of Desktop replacements Mr. James provided detailed budget information on all the City Departments and all City Funds. (Copy of presentation can be found on the City?s website). Lastly, Mr. James provided the following information regarding the FY 2013-14 budget calendar: July 31 File with City Secretary August 6 Budget workshop, vote to place preliminary tax rate on agenda, and schedule public hearings August 15 First Community Budget Presentation - Schertz United Methodist Church, 6:00 p.m. August 20 First Public Hearing August 21 Second Community Budget Presentation ? Hal Baldwin Municipal Complex ? Council Chambers at 6:00 p.m. August 27 Second Public Hearing and First Vote September 3 Second Vote and Adoption 08-13-2013 Minutes Page- 4 - October 1 Budget goes into effect Mr. James stated that the budget presentations and the proposed budget can be found on the City?s website. Discussion and/or action regarding the City Council Rules of Procedure, Code of Conduct and City Charter (Mayor and Council) Mayor Carpenter stated that the Council will hold off on this item and moved to the consent and discussion items. Mayor Carpenter recognized Councilmember Verinder who requested item 1 be removed from consent, and also recognized Councilmember Scagliola who requested item 2 be removed. Discussion and Action Items Minutes 1. - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of August 6, 2013. (J. Kessel/B. Dennis) Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by Mayor Pro-Tem Fowler, to approve item 1, minutes from the regular meeting of August 6, 2013. The vote was 3-0-1 with Mayor Pro-Tem Fowler, Councilmembers Scagliola and Edwards voting yes, no one voting no, and Councilmember Verinder abstaining. Councilmember Antuna was absent. Motion Carried. Resolution No. 13-R-65 2. ? Consideration and/or action approving a Resolution authorizing contracts totaling no more than $100,000 with Robert?s Concrete Construction, LLC for labor and related materials for various separate and unrelated concrete related projects during the 2012-2013 fiscal year and other matters in connection therewith. (J. Bierschwale/S. Willoughby) The following was read into record: RESOLUTION NO. 13-R-65 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING CONTRACTS TOTALING NO MORE THAN $100,000 WITH ROBERT?S CONCRETE CONSTRUCTION, LLC FOR LABOR AND RELATED MATERIALS FOR VARIOUS SEPARATE AND UNRELATED CONCRETE RELATED PROJECTS DURING THE 2012-2013 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Scagliola who stated that the City Manager has a $50,000 cap for approving contracts before he needs to bring them to City Council, this particular resolution does not change that policy. In fact this resolution is necessary because the policy has not been changed, yes or no? City Manager John Kessel answered yes. 08-13-2013 Minutes Page- 5 - Mayor Carpenter recognized Councilmember Scagliola, who moved to approve Resolution No. 13-R-65; Mayor Pro-Tem Fowler seconded the motion for discussion. Mayor Carpenter recognized Councilmember Edwards who provided his commentary stating last year the Council gave the City Manager and/or his designee the ability to go up to $50, 000 on contracts and that this contract is for $100,000. City Manager John Kessel stated that this is a series of small unrelated contracts by the same contractor. He stated that the City is approaching the $50,000 mark cumulatively with this contractor. This contractor does work occasionally for the Public Works and Parks Department and once we hit that $50,000 mark, the City Manager will not sign anymore individual contracts in excess of the $50,000 in one fiscal year. He stated Robert?s Concrete has a reputation of consistently providing a quality job for a low price compared to other local contractors. The various contracts between the City and Robert?s Concrete have been related to work for the City?s Public Works Department, as well as for other departments of the City. Mayor Carpenter recognized City Attorney Katherine Tapley who added additional information stating the purchasing policy allows the City Manager to approve individual contracts under $50,000 without coming to Council. She stated the reason the resolution is on the agenda this evening is for transparency and for disclosure purposes. She stated that there are specific projects coming up within the next few months that this vendor has come in as the low bidder, if you add up all the small and unrelated contracts, this would put this contractor over the $50,000 mark. After further discussion and clarification from Public Works Director Sam Willoughby and Executive Director of Operations John Bierschwale, Mayor Carpenter stated that a motion has been made by Councilmember Scagliola and seconded by Mayor Pro-Tem Fowler, to The vote was approve Resolution No. 13-R-65. Mayor Carpenter called for the vote. unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Edwards and Verinder voting yes, and no one voting no. Councilmember Antuna was absent. Motion Carried. Ordinance No. 13-E-29 3.? Consideration and/or action approving an Ordinance calling an Election to be held on November 5, 2013 for the purpose of electing Councilmembers for Place 3, Place 4 and Place 5 for said City; making provision for the conduct of the Election; authorizing contracts with the Elections Administrators of Bexar, Comal, and Guadalupe Counties to conduct this Election; authorizing the Election to be held as a Joint Election; resolving other matters incident and related to such Election; and declaring an effective date. First Reading (J. Kessel/B. Dennis) The following was read into record: ORDINANCE NO. 13-E-29 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CALLING AN ELECTION TO BE HELD ON NOVEMBER 5, 2013 FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FOR PLACE 3, PLACE 4 AND PLACE 5 FOR SAID CITY; MAKING PROVISION FOR THE CONDUCT OF THE 08-13-2013 Minutes Page- 6 - ELECTION; AUTHORIZING CONTRACTS WITH THE ELECTIONS ADMINISTRATORS OF BEXAR, COMAL, AND GUADALUPE COUNTIES TO CONDUCT THIS ELECTION; AUTHORIZING THE ELECTION TO BE HELD AS A JOINT ELECTION; RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION; AND DECLARING AN EFFECTIVE DATE Mayor Carpenter recognized City Secretary Brenda Dennis and Deputy City Secretary Donna Schmoekel who provided a brief Power Point regarding the upcoming November 5, 2013 Joint General Election. Ms. Dennis stated since Schertz voters changed the City?s General Election from May to November in November 2012, the City Secretary?s office has been working with the Elections Administrators of Guadalupe, Comal and Bexar counties to prepare for the November 2013 elections. Other cities, counties, districts, state and federal elections will be held that day as well. We have discussed placing Schertz on election ballots in each of the three counties thereby reducing voter confusion as to where to vote for Early Voting and on Election Day. Tonight?s action will authorize staff to finalize agreements with Bexar, Comal, and Guadalupe counties and their respective Election Administrators to conduct the City election. It is recommended Council approve Ordinance No. 13-E-29 calling the November 5, 2013 City of Schertz General Election and approving contracts with the Elections Administrators of Comal County, Guadalupe County, and Bexar County to conduct the election. Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by The vote was Councilmember Edwards, to approve Ordinance No. 13-E-29 on first reading. unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Edwards and Verinder voting yes, and no one voting no. Councilmember Antuna was absent. Motion Carried. Ordinance No. 13-D-25 4. ? Consideration and/or action approving an Ordinance amending the City of Schertz Code of Ordinance by revising Article V, Section 86-149 Parking Prohibited on roadways maintained by the City of Schertz; and providing an effective date. First Reading (B. James/L. Busch) The following was read into record: ORDINANCE NO. 13-D-25 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, 86-149 PARKING TEXAS BE AMENDED BY REVISING ARTICLE V, SECTION PROHIBITED ON ROADWAYS MAINTAINED BY THE CITY OF SCHERTZ ; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Executive Director of Development Brian James who introduced this item stating certain residents from the Greenshire Subdivision presented a concern to staff regarding parking around the island in the cul-de-sac of Hickory Lane. The issue had been affecting certain residents who reside in the cul-de-sac for some time; 08-13-2013 Minutes Page- 7 - however, they brought it to our attention because an emergency vehicle could not make it to a house in the cul-de-sac due to the cars that were parked around the island. At the Traffic Safety Advisory Commission meeting on August 1, 2013, the Commission discussed the recommendation from staff to prohibit parking in certain areas in the cul-de-sac. Concerns from residents were heard and the Commission unanimously voted to recommend that City Council amend the Code of Ordinances, Article V, Section 86-149 Parking Prohibited by including the island and cul-de-sac area on Hickory Lane in the Greenshire Subdivision. Mr. James stated staff recommends approval. Mayor Carpenter recognized Councilmembers Edwards and Scagliola who addressed concerns for just looking at this one cul-de-sac in the neighborhood. Councilmember Edwards asked if it would be appropriate to postpone this item to include other streets within the neighborhood. Mayor Carpenter stated that procedurally yes the Council can postpone action. Mayor Carpenter recognized Mayor Pro-Tem Fowler who stated that he would not have a problem passing this Ordinance but he would request that staff do an analysis to look at the other streets. After a lengthy discussion, Council requested that this item be postponed until staff could get with the residents and the Homeowners Association. Mr. James stated that staff will work with the neighborhood, and talk to the Homeowners Association to address other parking concerns on other streets. He stated that his will take some time to accomplish, but would get back to Council. He stated that there was an incident on this particular street; it is staffs recommendation to approve this and see how it works for the other streets. Mr. James indicated that this could be a test case, and if it doesn?t work, then staff will come back with another recommendation to resolve the issue. Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by Mayor The vote was 2-1-1 Pro-Tem Fowler, to approve Ordinance No. 13-D-25 on first reading. with Mayor Pro-Tem Fowler and Councilmember Scagliola voting yes, Councilmember Verinder voting no, and Councilmember Edwards abstaining. Councilmember Antuna was absent. Motion Failed. Mayor Carpenter recognized Councilmember Scagliola who requested that this item be looked at further and placed on the agenda next week. Resolution No. 13-R-55 5. ? Consideration and/or action approving a Resolution authorizing a contract with D&D Construction relating to the reconstruction of Ware Seguin Road and Lower Seguin Road and authorizing the budget estimates for both projects and other matters in connection therewith. (B. James/L. Busch) The following was read into record: RESOLUTION NO. 13-R-55 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH D&D CONSTRUCTION RELATING TO THE RECONSTRUCTION OF WARE SEGUIN ROAD AND LOWER SEGUIN 08-13-2013 Minutes Page- 8 - ROAD AND AUTHORIZING THE BUDGET ESTIMATES FOR BOTH PROJECTS AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director of Development Brian James who introduced this item stating the total cost for the Ware Seguin Road and Lower Seguin Road projects is $1,028,900, including contingency. D&D Contractor?s portion of the two projects is $520,735.90, with a not to exceed amount of $573,550 and the City of Schertz?s portion of the two projects is $455,350. This original Council Memorandum incorrectly indicated that the City of Schertz?s portion was $508,164.10. Mr. James stated this item is to accept the bid from D&D Construction to complete the reconstruction of Ware Seguin and Lower Seguin Road in the amount of $520,735.90, with a not to exceed amount of $573,550 and approve project expenditures not to exceed $487,500 for Ware Seguin Road and not to exceed $541,400 for Lower Seguin Road. Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by Councilmember Edwards, to approve Resolution No. 13-R-55 for an expenditure of The vote was unanimous with Mayor Pro-Tem Fowler and Councilmembers $1,028,900. Scagliola, Edwards, and Verinder voting yes, no one voting no. Councilmember Antuna was absent. Motion Passed. Ordinance No. 13-F-26 6. ? Conduct a Public Hearing and consideration and/or action PH approving an Ordinance amending the City?s Drought Contingency Ordinance by adding Section XI.2: Single-Pass Cooling System Connections and Non-Recirculating Systems Prohibited; establishing penalties for the violation of and provisions for enforcement of these restrictions; establishing procedures for granting variances; and providing severability and an First Reading effective date (J. Bierschwale/J. Hooks) The following was read into record: ORDINANCE NO. 13-F-26 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE CITY?S DROUGHT CONTINGENCY ORDINANCE BY ADDING SECTION XI.2: SINGLE- PASS COOLING SYSTEM CONNECTIONS AND NON-RECIRCULATING SYSTEMS PROHIBITED; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. Mayor Carpenter recognized Assistant Public Works Director Jimmy Hooks who introduced this item stating the Edwards Aquifer Authority notified the Public Works Department in February that the City?s current Conservation Plan did not meet the new Best Management Practices to encourage water conservation and reuse. Specifically, we need to prohibit 1) new single-pass cooling system connections and 2) non-recirculating commercial laundry systems. Staff is also adding a requirement that automated car wash facilities implement recycle technologies. 08-13-2013 Minutes Page- 9 - Even though the City does not use its Edwards well except in the case of emergencies, the City does follow the Edwards? Best Management Practices for use in our water system?s Conservation Plan. Tonight, Council will receive a briefing from Council, conduct a public hearing, and consider approval on First Reading of Ordinance 13-F-26, amending the City?s Drought Contingency Ordinance by adding a new reflecting the above changes. Staff recommends approval of First Reading. Mayor Carpenter opened the public hearing and, as no one spoke, closed the public hearing. Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by The Councilmember Verinder, to approve Ordinance No. 13-F-26 first and final reading.. vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Edwards, and Verinder voting yes, no one voting no. Councilmember Antuna was absent. Motion Passed. Resolution No. 13-R-66 7. ? Consideration and/or action approving a Resolution authorizing a Definitive Interlocal Agreement with Schertz-Cibolo-Universal City Independent School District (SCUCISD) regarding a $1,650,000.00 contribution by SCUCISD to the City for the Natatorium project in exchange for a fifteen year rent free lease (for a specified amount of usage) of the facility to SCUCISD, provided that the City and SCUCISD are able to reach final agreement on (1) the specific terms of the lease including the number of hours and usage allowed and (2) the specific improvements that the City will make to the Natatorium facility in order for the facility to be suitable for use by SCUCISD?s Swim Teams, and other matters in connection therewith. (B. James/K. Tapley) Mayor Carpenter recognized Executive Director of Development Brian James who introduced this item stating for some time, City staff has been working with the Schertz- Cibolo-Universal City Independent School District (SCUCISD) about partnering on the future Schertz Natatorium. In November 2010, residents of Schertz approved general obligation bonds in the amount of $6,625,000 to construct a new playscape and construct an aquatic facility of competition quality. Staff has been going through preliminary design phases. One of the things they heard from citizens is that the City was going to build a 50 meter pool. The design that was developed will not allow for a 50 meter pool, there is not enough space. The City has space for a 25 meter pool with all that goes with it and the associated parking. In discussing the plan we found out that we didn?t have near enough money to do the operation and maintenance. In an attempt to maximize the benefit to our residents, discussions began with SCUCISD about partnering on the facility. Given that SCUCISD does not currently have a pool facility, the Schertz Natatorium could be used by their high school swim teams. Prior to incurring additional costs associated with design, staff is seeking Council approval of a resolution authorizing the City to enter into an interlocal agreement with SCUCISD. The resolution indicates SCUCISD would contribute $1,650,000 to the project in order for the facility to be suitable for SCUCISD use. SCUCISD in exchange would be given a fifteen year rent free lease. 08-13-2013 Minutes Page- 10 - Mr. James stated City Staff will continue to work with SCUCISD to finalize specific terms of the lease and identify the specific improvements to be made to the facility. The definitive agreement must be brought back to City Council for approval once these terms have been finalized. Mr. James stated that with approval of this Resolution, the City can anticipate an additional $1,650,000 for the natatorium project, provided specific terms can be agreed upon. The City would be obligated per those terms to provide improvements to the facility so as to ensure the facility is suitable for use by the SCUCISD and provide the SCUCISD with 15 years use of the facility rent free. As the project proceeds and construction and operating costs are refined, staff may recommend reserving a portion of these funds to cover operating and maintenance costs during that term. Mayor Carpenter recognized City Attorney Katherine Tapley who stated that in addition to the Resolution stating that we will enter into the agreement if we are be able to reach the agreement on the two points, it does specifically say that the final agreement will be brought back to Council. She stated you?re not giving a blanket authorization to staff to finalize the agreement without coming back. This is an authorization to proceed with negotiations and to start spending money on the design in order to work out the final items. Mayor Carpenter recognized Mayor Pro-Tem Fowler who asked if the YMCA was also interested in this project. Mr. James stated that the YMCA currently operates our other pools and our Recreation Center, and it makes sense to also talk with them. Mr. James stated there is a lot to work out before the City gets the YMCA involved. Mayor Carpenter recognized Councilmember Scagliola who addressed his concern if we were boxing ourselves into a corner to have a competition pool that is only qualified to be a competition pool rather than having a water aerobic/having fun community pool. Mr. James addressed Councilmember Scagliola by stating that you limit yourself to building a competition pool vs. building other types and provided examples and specifications on the different types of pools. Mr. James stated that they will continue to brainstorm ideas to maximize the use of the pool for as many things as possible. Mr. James spoke about the soil and excavating requirements for the different types of pools. Mayor Carpenter recognized Councilmember Edwards who asked did the literature during the bonds state that we must build a competition pool. In answer to Councilmember Edwards question, Mayor Carpenter read the information that was recommended and published by Blue Ribbon Committee. ?Proposition 1 ~ The issuance of $6.625 million in General Obligation Bonds for designing, constructing, and equipping a new enclosed community swimming pool and aquatic facility of competition quality and relocation, construction, and improvements to Schertz Playscape in connection with the new swimming pool and aquatic facility. If voters approve this initiative, the increase in taxes for a home valued at $100,000 is: $22.31 annually or $1.86 monthly. Property taxes are based on the value of your property.? This was the first thing that was published that mentioned a competition pool. Mayor Carpenter stated that the newspaper didn?t get it quite right; the newspaper said ?that the committee has met several times drawing up a survey to determine if residents would support a bond issue and if so what projects the public might support. The article goes on to say that most of the projects on the survey which were filled out by 356 residents in June. The 08-13-2013 Minutes Page- 11 - propositions which will be on the ballot are proposition 1: $6,625,000 for the construction of an enclosed Olympic size competition pool and aquatic facility to be built next to the City?s Recreation Center and Playscape improvements.? Mayor Carpenter stated that was the newspaper commentary, in fact the Blue Ribbon Committee talked about a competition pool, and there was another publication from them that talked specifically about an 8-lane competition pool. Mayor Carpenter read the following which was placed on the ballot. ?The issuance of $6,625,000 of the City of Schertz, Texas, General Obligation Bonds for designing, constructing, and equipping a new enclosed community swimming pool and aquatic facility of competition quality, relocating, constructing, and improving the existing Schertz Playscape in connection with the new swimming pool and aquatic center, and the acquisition of any necessary real property therefore.? Mayor Carpenter provided further comments regarding the requirements of a competition pool. He stated what they are trying to do is find a way to have a pool to serve both purposes. Mr. James concurred. Mayor Carpenter recognized Councilmember Scagliola who asked Mr. James could the City get the competition quality pool with the $6.6 million. Mr. James stated that the City has $5.5 million for building and construction of the natatorium and he believes they can build it for that, but if the information comes in beyond this, he will be coming back to Council. Mr. Scagliola stated with the input of the school districts funds we can get our competition quality and benefits of a community pool. Mr. James concurred. Councilmember Scagliola stated he is all for collaboration and partnerships. He stated he does not have a problem with (1) the specific terms of the lease including the number of hours and usage allowed, but he does have a problem with (2) the specific improvements that the City will make to the Natatorium in order for the facility to be suitable for use by SCUCISD?s swim teams. He was concerned with mandates from the State in regarding competition swimming pools. Mr. James explained that should these mandates come from the State to the school district, our response would be the City does not have the money to accomplish this, and the school district says they can?t use the pool, then we all are out of the deal and we do not reach agreement. He stated the school doesn?t get to tell us how to design it, they get to say at the end of the day, let me see your designs and let me see what is going into it and if it doesn?t work for them, then we all have the ability to pull out of the agreement. Councilmember Scagliola expressed his concern on the 15 year free rent which was also included in the agreement. Mayor Carpenter recognized City Attorney Katherine Tapley who stated the two open items on the agreement, the specific terms of the lease and the improvements to make is suitable for the swim team, are items the City would be coming to agreement on before we enter into the Interlocal agreement. She stated all these changes would be made during the initial design of the pool. She stated that when we get to where the parties have or have not reached an agreement on things like adding starting blocks, or score boards, that would be when we come back to City Council and say these are the specific items that the city is going to incorporate into that design in order to work with the swim team, and these are the specific terms of the lease, and the School district is going to give the $1,650,000.00 and there wouldn?t be an obligation over the next 15 years to bring the pool up to any specifications. All these items would be specified before the final agreement has been reached. 08-13-2013 Minutes Page- 12 - Councilmember Scagliola also expressed concern regarding the operations and maintenance costs associated with the pool. Mr. James addressed Councilmember Scagliola concerns stating that part of the $1,650,000.00 provided by the school district will be set aside for these costs and understands that if the money that is set aside for the operations and maintenance of the pool is not adequate, then the city does not have an agreement. The numbers have to work for the City in order to accomplish the agreement. Mr. James stated that all of Councilmember Scagliola concerns will all be in that final agreement. Councilmember Scagliola again stated that he is all for entering into a partnership, and all for collaboration but it has to be on an equal footing. He doesn?t want the residents of the City footing the bill. Councilmember Scagliola also addressed the issue if the City has the competency of running the swimming pool and he spoke on the partnership possibility with YMCA. Again, Mr. James addressed those issues. Mayor Carpenter recognized Councilmember Edwards who stated he agrees with partnerships, but has a problem with the amount that the school district is willing to contribute. He stated that he believes the Council needs to wait. Councilmember Edwards stated his concerns and reservations. He stated that it is very difficult for him to go forward without having the final numbers. He asked for information on what the process would be for dealing with the bonds if they decided not to move forward with the natatorium because they can?t build it for the amount that was proposed on the proposition. City Attorney Katherine Tapley stated that she would go back and look at the bond sales and come back to Council with the details. Mayor Carpenter recognized Councilmember Verinder who addressed questions regarding the 15 year rent free clause, and who put that into the agreement. Mr. James stated that the school district was the one that indicated the 15 years, but that came as a result of negotiations back and forth with them and the City. Mr. James provided further information addressing Councilmember Verinder?s concerns. Councilmember Verinder stated that he wants to make it clear that the citizens of Schertz 100% own the project no matter what negotiations come out. Councilmember Verinder?s second point was directed to the City Attorney regarding the language of ?definitive Interlocal agreement? and what does that mean. City Attorney Katherine Tapley stated that this would be an agreement that will be brought back to Council to approve. That agreement will have all of the specific terms spelled out in it, such as specific periods of time the School District could use the facility and the design parameters that the facility will be built with. This resolution is binding to you in that you are saying we will enter into an agreement to take the $1,650,000.00 if we have reached terms that we are comfortable with. This resolution is binding only to the extent that the City Council approves the terms of the agreement. When the agreement comes back to Council and you are not in agreement with the terms then you are not under obligation to enter into the agreement. Mayor Carpenter stated that it is not without precedence that we work with another political subdivision, citing examples of the agreement years ago with the City of Seguin going after water together. There were a number of conversations similar to the ones staff has been having with the School District regarding the natatorium project. Mayor Carpenter stated that what we are doing here this evening is the same type of exercise. We don?t have to decide today, we can hold our hand until we see what the School District does on Thursday. What we are deciding at this point is whether or not we are close enough in what has been discussed up to this point to pursue the possibility of getting into an Interlocal agreement with another political subdivision. Mayor Carpenter suggested (1) if we do not like the way this looks post pone it 08-13-2013 Minutes Page- 13 - and wait to see what the School District does on Thursday, but be aware that your lack of action may have an impact on how that political body will look at their move. Exercise patience, don?t shut this down tonight, and keep our options open.It is the expectations of our tax payers to keep our options open. We have done a lot of work and determined that not only did the bond language have both the words competition and community on the bond election ballot, but also in the information that was presented to the public. If we can find a way to fulfill both those needs, let?s keep our options open. That is in his mind the full intent of the bond language. Second is, if you will remember last week, we had charts put up during our budget hearings, the one constant that you saw on the bar graph was that the bulk of the taxes paid by the residents of the City of Schertz are to school districts. Wouldn?t it be interesting if the City of Schertz could come to a mutually beneficial agreement with the School District where we got some of those monies that we put in back into a project that belongs to us? If we don?t get any of the dollars, the School District goes elsewhere. Mayor Carpenter continued his commentary requesting Council either take no action, restructure it, or say that you would like to see a resolution next week that says $1,650,000.00 contribution, nothing else. Or one that has no dollar amount and has no terms in it other than we are willing to have negotiations and discussions with the School District. Killing it today is premature. Mayor and Council continued their discussion expressing their comments. Mayor Carpenter recognized Councilmember Edwards who suggested that the elected officials get together with the School District officials. Mayor Carpenter suggested that Council postpone this item and put an item on the agenda next week for consideration and discussion, allowing our staff to go to the School District to request these meetings. Council concurred. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor Pro- The vote was unanimous with Mayor Tem Fowler to postpone this item until next week. Pro-Tem Fowler, Councilmembers Scagliola, Edwards, and Verinder voting yes, no one voting no. Councilmember Antuna was absent. Motion Passed. Mayor Carpenter stated that it is one of the most exciting time that he has had on Council that we had an item we had before us that we could have said yes, let?s go with that, or would could have said no. Instead this Council has come up with a solution that hasn?t been done before, let?s go meet with the School District. Mayor Carpenter commended each Councilmember. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for the agenda items 1 through 7. Mayor Carpenter moved to the Executive Session section of the agenda and recessed the regular meeting into executive session at 9:18 p.m. Executive Session Called under: 08-13-2013 Minutes Page- 14 - Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; 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 Mayor Carpenter reconvened into regular session at 10:05 p.m. 12. Take any actiondeemed necessary as a result of the Executive Session. No action taken. Mayor Carpenter moved back to the Workshop section of the agenda. Workshop Discussion and/or action regarding the City Council Rules of Procedure, Code of Conduct and City Charter (Mayor and Council) Mayor Carpenter stated that this item will be taken up at a later time. Requests and Announcements 8. Announcements by City Manager Citizen Kudos Recognition of City employee actions New Departmental initiatives No further announcements provided. 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. 10. Requests by Mayor and Councilmembers to City Manager and Staff for information. No information requested. 11. Announcements by Mayor and Councilmembers 08-13-2013 Minutes Page- 15 - 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 Mayor Carpenter recognized Councilmember Scagliola who stated he attended a meeting in New Braunfels with Senator Donna Campbell, the Mayors of Selma, Garden Ridge and staff members. Some topics of discussion included: support for Lookout Road, issues regarding water rights, and internet sales tax. He stated that Senator Campbell is willing to enter into conversations with us. Mayor Carpenter recognized Councilmember Verinder who thanked everyone for the condolences on the passing of his wife?s father last week. Mayor Carpenter stated that the Guadalupe County Mayor?s Association met last month and at this meeting they passed a resolution opposing the landfill that could threaten our water source. Mayor Carpenter stated that during this meeting, all but one Mayor had signed. This week the resolution has been unanimously signed by all the Guadalupe Mayors and has been forwarded. This is a strong statement regionally and a great start to county wide participation from municipalities. Adjournment As there was no further business, the meeting was adjourned at 10:09 p.m. __________________________________ Michael R. Carpenter, Mayor ATTEST: _________________________ City Secretary, Brenda Dennis 08-13-2013 Minutes Page- 16 - MINUTES REGULAR MEETING August 20, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 20, 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 Carpenter Mayor Pro-Tem Jim Fowler Councilmember David Scagliola Councilmember Cedric Edwards Councilmember Sydney Verinder Staff Present: City Manager John Kessel Executive Director David Harris Executive Director John Bierschwale Executive Director Brian James Chief of Staff Bob Cantu City Attorney Katherine Tapley City Secretary Brenda Dennis Deputy City Secretary Donna Schmoekel Councilmember George Antuna was absent. CALL TO ORDER: Mayor Carpenter called the Regular Meeting to order at 6:00 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND THE STATE OF TEXAS. Pastor Andy Hostetler, Discovery Church, gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. City Events and Announcements Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James) Mayor Carpenter recognized Executive Director of Support David Harris who provided the following announcements of upcoming events: Thursday, August 22, 2013, Ribbon Cutting at Doss Audiology and Hearing Center, 5000 Schertz Parkway, Suite #300 at 4:00 p.m. Mayor Carpenter recognized Executive Director of Development Brian James who announced that this week the Library is hosting a children?s book sale event. Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who congratulated the Schertz Senior Center on the success of their recent Gala and Dance held last week. 08-20-2013 Minutes Page- 1 - Mr. Kessel also gave kudos to the Finance Department and to Budget and Finance Analyst James Walters for developing and providing a list of definitions for the public which are found in the budget. He stated this is great information. Mr. Kessel also mentioned the success of last weeks first community budget meeting. Hearing of Residents: This time is set aside for any person who wishes to address the City Council. Each person should fill 3 out the speaker?s register prior to the meeting. Presentations should be limited to no more than 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. Mayor Carpenter recognized the following who spoke: Dr. Irene Petrisky, 1117 Twin Lake, who spoke stating she is happy with the direction and growth of the City. She addressed the natatorium issues and the direction the City and the School district are taking on this project. She thanked the City Council for their service. She spoke on her concerns regarding the City?s reserves. She stated she has a problem with moving forward with the natatorium project at this time. Mrs. Maggie Titterington, Schertz Chamber President who provided the Council with an update on the upcoming Chamber Events. She spoke regarding the success of the Schertz Senior Gala Dance. Ms. Donna Thompson, Schertz Senior Center, who also addressed the Council regarding the success of the Senior Gala Dance. She thanked everyone involved in obtaining the auction items and indicated that this event raised nearly $18,000. Mr. David Richmond, 2921 Bent Tree Drive, who addressed the Council regarding the problems with parking on the various streets and cul-de-sacs in the community. Mrs. Yolanda Suarez, 3808 Broughton, who addressed the Council regarding the natatorium, providing input that was published and presented to the citizens for the bond election. Workshop Discussion and consideration and/or action regarding parking prohibitions along sections of streets with medians and landscape islands. (B. James/L. Busch) Mayor Carpenter recognized Executive Director of Development Brian James who stated that as a recap, last week an ordinance to limit parking on Hickory Lane in Greenshire. Council provided good comments that this was not the only island within cul-de-sacs, and wouldn?t it make more sense to look at that larger area, and come up with a solution that fit everyone?s situation. Staff sat down with representatives of Engineering, Public Works, 08-20-2013 Minutes Page- 2 - Police, Fire and EMS to address the various medians and landscape islands the City has. Each department expressed their different issues. Mr. James stated that each situation will be different and will need to be tailored specifically to each particular situation. There is not a one size fits all solution. It could be overly restrictive or cumbersome to ensure that there was access in every circumstance. Mr. James stated that his recommendation is to work with the Homeowners Association walk through the situation and brainstorm with them to come up with appropriate solutions. Then staff will do a door knocking exercise with the neighbors around the medians to let them know what is being proposed, getting their feedback, and report back to the Homeowners Association. After staff has completed this they will come back with an ordinance to try and address all issues in the neighborhood. Mr. James stated that can be an ongoing project for what does the City do going forward to deal with this issue working with the Traffic Safety Advisory Commission on design standards that can be included in the traffic manual. Mr. James addressed Council questions. Discussion regarding the Natatorium. (B. James/K. Tapley) Mayor Carpenter recognized Executive Director of Development Brian James who introduced this item stating that previously staff had proposed that Council approve an Interlocal Agreement as a first step to get buy-in for establishing a framework for an agreement between the City and School District in this multi-step process working towards developing a design to allow us to start spending some money on this project. The School District had the item on their agenda this past Thursday night but did not act on it. The direction was to put together a steering committee with a few members of the School Board, the Mayor, and a couple of council members to define some of the terms and provide more specifics as to what the expectations were to provide a greater comfort level for everyone going forward. Mayor Carpenter recognized City Attorney Katherine Tapley who stated that in response to the question of what would happen if the City Council chose not want to move forward with this project after all; the short answer is, this would violate several different laws and create a wide range of liability issues for the City. By proposition, the voters have said they wanted to move forward with this pool project. Currently, all of the bonds have been sold and the money is in place. If Council were now to decide not to proceed with this project, there would have to be a vote where you declare that the project is complete and transfer the money from the bonds that have been sold into the bond fund. The first problem with this action is the project is not really complete because the pool facility was not built. The second problem is you have thirteen months in which to spend the bond money from the date you transfer the money into the bond fund. Also, there are very specific tax laws and state laws regarding what to do with that money. It requires you to pay off the bond. The problem is at this point you don?t have the ability to pay off the bond with the way it is structured. You can either leave the money in the bond fund or pay off other bonds. This opens up a likelihood of being sued by one of the other bondholders because it is a violation of what the bonds were for. It also would lower the City?s bond rating and have a future effect on the City?s tax rate. If you can?t build what you want with the funds available, the other options are to build a bare bones competition pool to satisfy the taxpayer obligation, or build a full quality facility by looking for additional sources of funds. You could issue General Bonds, Certificates of Obligations, apply for grants, or enter into Interlocal Agreements with other governmental entities. 08-20-2013 Minutes Page- 3 - Mayor Carpenter recognized Executive Director of Development Brian James and asked if he had anything more to say before opening the subject up for questions by council members. Mr. James stated that the bonds that were sold amounted to $6.625 million. What has come out of that so far is the Playscape. There was also a design cost associated with that in addition to the construction cost. Likewise, with the pool, the breakdown of costs will be construction cost plus professional services cost (design & consulting) and administrative costs. Lastly, we have a contingency cost - unexpected expenses. Some previous discussion about how often the school might use the facility was explored further. After further discussion with the school members, it looks like it probably will be under 10% of the time. Mayor Carpenter recognized Councilmember Edwards who said that a competition style facility is open to interpretation and wondered what the committee?s interpretation of competition style was? He doesn?t think the City can afford a natatorium. He also stated maybe there could be an opportunity of partnering with a corporation willing to take on the naming rights and suggested we post a meeting and have some citizen input. City Attorney Katherine Tapley affirmed that yes, legally, we can post for a public meeting. Mr. James suggested we continue with our plan and then we can ask citizens, is this what you want? In looking at materials to date, it was never stated to build an Olympic size pool; it was worded in regard to competition quality. Councilmember Edwards suggested including the YMCA as part of the steering committee and possibly arranging for a public meeting. Mayor Carpenter recognized Councilmember Scagliola who stated that as the scope changes, so does the cost. A concern is that the school will only use the pool a small percentage of the time in relation to the whole cost. Mayor Carpenter recognized Mayor-Pro Tem Fowler who agreed that a town hall meeting is a good idea. Mayor Carpenter confirmed with Mr. James that we don?t have the room nor the budget for a fifty meter pool but we do want to make this project work. Mayor Carpenter reread what was published in 2010 regarding Proposition 1. He provided four major points: 1) In 2010, voters said to build us this facility that is on that ballot. 2) Majority of people believed we had the good judgment to make decisions for this community. Three years is proper diligence to consider this project. 3) There are no simple answers to this project. There will be positive and negative feedback from the populace. We need to meet with the school district. Tax money that we pay to the school district can come back into the city on this project. 4) We need to build a facility for City of Schertz, not for other cities or regions but for us and it needs to be the best possible long term solution. Costs will only increase as time continues on. Let?s schedule time with School District. Let?s put it on the agenda in the next couple of weeks. Mayor Carpenter stated that he meant to mention earlier in the meeting that recently published in ?CNN Money Magazine? it was noted that Guadalupe County is the 4th of all counties in the Nation regarding job growth. Guadalupe County job growth for 2010-2012 was 12.2%. The article also mentioned economic engine cities of Cibolo, Schertz, and Seguin who posted double- digit job growth for a two-year period to earn a place at the head of the pack.Mayor Carpenter gave kudos to the staff and the community. 08-20-2013 Minutes Page- 4 - Consent Agenda Items Ordinance No. 13-E-29 1.? Consideration and/or action approving an Ordinance calling an Election to be held on November 5, 2013 for the purpose of electing council members for Place 3, Place 4 and Place 5 for said City; making provision for the conduct of the Election; authorizing contracts with the Elections Administrators of Bexar, Comal, and Guadalupe Counties to conduct this Election; authorizing the Election to be held as a Joint Election; resolving other matters incident and related to such Election; and declaring an effective date. Final Reading (J. Kessel/B. Dennis) The following was read into record: ORDINANCE NO. 13-E-29 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CALLING AN ELECTION TO BE HELD ON NOVEMBER 5, 2013 FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FOR PLACE 3, PLACE 4 AND PLACE 5 FOR SAID CITY; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AUTHORIZING CONTRACTS WITH THE ELECTIONS ADMINISTRATORS OF BEXAR, COMAL, and GUADALUPE COUNTIES TO CONDUCT THIS ELECTION; AUTHORIZING THE ELECTION TO BE HELD AS A JOINT ELECTION; RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION; AND DECLARING AN EFFECTIVE DATE Ordinance No. 13-F-26 2. ? Consideration and/or action approving an Ordinance amending the City?s Drought Contingency Ordinance by adding Section XI.2: Single-Pass Cooling System Connections and Non-Recirculating Systems Prohibited; establishing penalties for the violation of and provisions for enforcement of these restrictions; establishing procedures for Final Reading granting variances; and providing severability and an effective date (J. Bierschwale/J. Hooks) The following was read into record: ORDINANCE NO. 13-F-26 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE CITY?S DROUGHT CONTINGENCY ORDINANCE BY ADDING SECTION XI.2: SINGLE- PASS COOLING SYSTEM CONNECTIONS AND NON-RECIRCULATING SYSTEMS PROHIBITED; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. Mayor Carpenter recognized Mayor Pro-Tem Fowler, who moved, seconded by The vote was Councilmember Scagliola, to approve consent agenda items 1 and 2. unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Edwards, and Verinder voting yes and no one voting no. Councilmember Antuna was absent. Motion Carried. 08-20-2013 Minutes Page- 5 - Discussion and Action Items Public Hearings on Proposed Budget for FY 2013-14 3. ? Conduct a public hearing and consideration and/or action regarding the adoption of the FY 2013-14 Budget. (First required public hearings) (J. Kessel/J. Walters) Mayor Carpenter recognized Budget & Finance Analyst James Walters who introduced this item stating in accordance with Chapter 26 of the Texas Tax Code the City Council must hold two (2) public hearings on a proposed budget for FY 2013-14. He stated the first required public hearing is this evening. The second required public hearing will be conducted at the August 27, 2013 regular session. Mr. Walters provided a presentation regarding the proposed FY 2013-14 budget, noting that this is also a five-year budget projection, and answered questions from Council. The following information was included: FY 2013-14 Proposed Budget Budget Goals: Balanced Structurally Conservative and Responsible Follows Financial Policies Maintains Current Service Levels Focuses on Priorities Management Practices: Focuses on Priorities ? Maintain appropriate Fund Balance Team input ? Departments, Council, and Citizens Forward Looking ? Planning for future revenues & expenses, consider project schedules, 5 year forecast Key City 5 Year Goals 2/22/13: Building Repairs Rebuild Reserves Fire Station 3 P25 Compliant Public Safety Radios Master Facilities Plan Hold Tax Rate Flat Compensation Study Pre-budget Community requests: Improved maintenance of Crescent Bend pathways Provide a facility to pay utility bills farther south Plan the Fire Station 3 as a multiuse facility Fire & Public Safety be the top priority More Senior Support Continued to have the new Natatorium as a priority Budget Highlights: 08-20-2013 Minutes Page- 6 - Elevated Water Tank Construction Master Communication Plan Phase 1 Council Chamber Improvements New Vacuum & Router Truck for Public Works Northcliffe Waterline Replacement Lastly, Mr. James provided the following information regarding the FY 2013-14 budget calendar: July 31 File with City Secretary August 6 Budget workshop, vote to place preliminary tax rate on agenda, and schedule public hearings August 15 First Community Budget Presentation - Schertz United Methodist Church, 6:00 p.m. August 20 First Public Hearing August 21 Second Community Budget Presentation ? Hal Baldwin Municipal Complex ? Council Chambers at 6:00 p.m. August 27 Second Public Hearing and First Vote September 3 Second Vote and Adoption October 1 Budget goes into effect Mr. James provided the budget video. Mayor Carpenter mentioned that a copy of the budget can be picked up with the City Secretary this evening for use as Council goes over the budget. He stated that there is also a copy on our website, and a hard copy at our Library. Mayor Carpenter opened the public hearing and recognized Mr. Robert Brockman, 1000 Elbel Road, who asked several questions regarding several sections and pages within the budget. He also requested staff add to the definition list the meaning of bad debt. Mayor Carpenter requested staff get with Mr. Brockman to go over his questions, and bring back those comments to Council next week. As no one else spoke, Mayor Carpenter closed the public hearing. Mr. Walters and City Manager John Kessel addressed Council questions. Mayor and Council provided their comments regarding the preparation of the budget from staff and management. Mayor Carpenter announced that the second public hearing on the proposed budget will be conducted at the August 27, 2013 Regular City Council meeting in the City Council Chambers. Public Hearings on Proposed Tax Rate for FY 2013-14 4. ? Conduct a public hearing and consideration and/or action regarding the adoption of the FY 2013-14 Tax Rate. (First required public hearing) (J. Kessel/J. Walters) Mayor Carpenter recognized Budget & Finance Analyst James Walters who introduced this item stating in accordance with Chapter 26 of the Texas Tax Code the Council must hold two (2) public hearings on a proposed tax rate. 08-20-2013 Minutes Page- 7 - Mr. Walters stated at the August 6, 2013 regular session the City Council, by record vote, established a proposed preliminary maximum tax rate of $0.4999 per $100 of value. The proposed rate is not subject to rollback. Mr. Walters provided a brief PowerPoint covering the following highlights: Tax Rate Current M&O $0.2993 Funds general City Services I&S $0.2006 Pays for the City?s debt Total $0.4999 The combined tax rate seen on the tax bill Tax Rate Effective: The tax rate which, on average, will keep the tax bill the same as in 2012. Current: The rate currently adopted by the City. Preliminary: The maximum rate set at which the final adopted rate cannot exceed. Rollback: The rate if exceeded allows citizens to initiate a rollback. Tax Rate Effective: $0.4829 Current: $0.4999 Preliminary: $0.4999 Rollback: $0.5218 $0.01 is equal to $247,608 revenue or $16.47 on the average home. All Funds ? Revenues: General Fund $23,125,022 Special Events Fund 147,100 PEG Fund 361,500 Water & Sewer Fund 19,153,029 EMS Fund 7,359,681 Drainage Fund 1,042,700 Hotel Tax 508,288 Park Fund 150,300 Tree Mitigation 139,525 Capital Recovery 2,895,869 I&S Fund 5,705,230 Historical Committee 5,650 Parks & Rec Foundation 293,850 SEDC3,105,211 Grand Total $63,992,955 All Funds ? Expenses: Administrative $5,390,018 General Fund 17,228,579 Special Events Fund 147,100 PEG Fund 361,500 Water & Sewer Fund 19,015,038 EMS Fund 6,833,405 Drainage Fund 1,039,006 08-20-2013 Minutes Page- 8 - Hotel Tax 508,288 Park Fund 40,000 Tree Mitigation 139,525 Capital Recovery 2,326,109 I&S Fund 5,596,775 Historical Committee 5,650 Parks & Rec Foundation 275,250 SEDC3,074,554 Grand Total $61,980,797 All Funds ? Expenses: FY 2012-13 Budget FY 2013-14 Proposed General Fund$21,888,943$22,618,597 Special Events Fund$ 131,300$ 147,100 PEG Fund$ 131,000$ 361,500 Water & Sewer Fund$16,679,539$19,015,038 EMS Fund$ 5,857,199$ 6,833,405 Drainage Fund$ 959,088$ 1,039,006 Hotel Tax Fund $ 491,945$ 508,288 Park Fund$ 246,484$ 40,000 Tree Mitigation$ 96,525$ 139,525 Capital Recovery Fund$ 3,765,624$ 2,326,109 Tax I&S Fund$ 5,201,936$ 5,596,775 Historical Committee $ 5,650$ 5,650 Parks & Recreation $ 271,762$ 275,250 Foundation SEDC$ 2,674,444 $3,074,554 Total$58,401,439$61,980,797 General Fund ? Revenues: Property Taxes$ 7,892,712 Sales Taxes6,179,166 Fees3,053,888 Fund Transfers1,975,009 Franchises1,738,605 Permits 1,007,062 Inter-685,780 Jurisdictional Miscellaneous464,700 Licenses70,100 Library Fines 30,000 Other Taxes28,000 08-20-2013 Minutes Page- 9 - Total Revenues $23,125,022 General Fund ? Revenues: General$ 6,186,975 Government Internal Service3,207,708 Police5,468,836 Fire Rescue3,028,337 Inspections472,996 Marshal Service652,391 Streets1,074,802 Parks & 1,195,086 Recreation Library876,277 Animal Services 455,189 Total Expenses $22,618,597 General Fund: Revenues$23,125,022 Expenditures22,618,597 Increase of Fund Balance506,425 Beginning Fund Balance 3,976,709 Ending Fund Balance4,483,134 25% Requirement Policy $ 5,637,149 The Current Tax Rate: Total Change in Expenditures $231,000 New Programs $323,000 Capital Purchases $551,000 Maintain Current Level of Service $1,105,000 Total Increase $506,000 Reserve Funding New Programs: $ 125,000 Merit Program $ 47,000 Computer Technician $ 14,000 Part-time Animal Adoption Facility Technician $ 45,000 New Animal Adoption Center Operations $ 231,000 Total New Programs 08-20-2013 Minutes Page- 10 - General Fund Capital Purchases: Replace Vehicle for Marshal Services Purchase of 2 Vehicles for Streets (reimbursed by Water) Council Chamber Improvements (reimbursed by court security, court technology, and hotel tax restricted funds) New Email Server and Set up Increase the amount of Desktop replacements Target Tax Rate: Tax Rate Current Preliminary Tax Rate Alternative M&O $0.2993 $0.3035 $0.3010 I&S $0.2006 $0.1964 $0.1964 Total $0.4999 $0.4999 $0.4974 M&O Impact $0 $103,740 $41,990 FY 2018 Projections: Current Recommended Alternative Revenue $25,390,198 $25,514,855 $25,440,654 Expense $(25,547,867) $(25,547,867) $(25,547,867) Reserve Funding $(157,669) $(33,012) $(107,213) M&O Fund Balance $5,045,078 $5,633,099 $5,283,086 25% Goal $6,371,967 $6,371,967 $6,371,967 Over/Under $(1,326,889) $(738,868) $(1,088,880) Mayor Carpenter opened the public hearing, and as no one spoke, Mayor Carpenter closed the public hearing. Mayor and Council provided their comments. Mayor Carpenter announced that the second public hearing on the proposed budget will be conducted at the August 27, 2013 regular City Council meeting in the City Council Chambers. Ordinance No. 13-S-30 ? 5.Conduct a public hearing and consideration and/or action amending Part III, Schertz Code of Ordinances, Article 11 Section 21.11.9B of the Unified Development Code (UDC) of the City of Schertz, Texas; repealing all Ordinances or parts of Ordinances in First Reading conflict with this Ordinance; and providing an effective date. (B. James/M. Sanchez) The following was read into record: ORDINANCE NO. 13-S-30 AMENDING PART III, SCHERTZ CODE OF ORDINANCES, ARTICLE 11 SECTION 21.11.9B OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF SCHERTZ, TEXAS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DAT E Mayor Carpenter recognized Director of Development Services Michelle Sanchez who introduced this item stating on August 14, 2013 the Planning and Zoning Commission 08-20-2013 Minutes Page- 11 - conducted a public hearing and made a favorable recommendation to City Council to amend the Unified Development Code, Article 11, Section 21.11.9 to add an allowance for large industrial businesses in industrial districts to have a sign that is up to 15% of the façade area or 250 square feet, whichever is less, regardless of which category of street on which the building is located. The provisions would apply to wall signs located on properties zoned Manufacturing District-Light (M-1); Manufacturing District - Heavy (M-2); and PDD (Planned Development District) with a base zoning of M-1 or M-2 and with a minimum primary façade elevation of 300 linear feet or greater may have the primary wall sign calculatedat 15% of the façade area or 250 square feet, whichever is less. Proposed UDC Amendment: Add the following note below the table: 1.Wall signs located on properties zoned Manufacturing District-Light (M-1); Manufacturing District - Heavy (M-2); and PDD (Planned Development District) with a base zoning of M-1 or M-2 and with a minimum primary façade elevation of 300 linear feet or greater may have the primary wall sign calculatedat 15% of the façade area or 250 square feet, whichever is less. She stated Caterpillar, Salof (now owned by General Electric), Sysco, and Amazon.com are all located on local streets which fall into the All Other Streets category and despite the large building size would be limited to a primary wall sign that is no more than 80 square feet. Note that this restriction does not actually apply to Amazon.com as it is located within a PDD with different sign regulations. The current Sysco and Salof signs exceed the current size allowed due to confusion with permitting, but would comply with the 250 square foot restriction being proposed. Those signs seem in scale given the size of the buildings. Requiring a sign that is so out of scale with the building does more than negatively impact the aesthetic of the building, it can create unnecessary operational challenges and impact traffic. Having an appropriately scaled sign allows drivers to more easily identify the building they are looking for. This is especially important for larger industrial users that generate a significant amount of truck traffic. Staff recommends approval of Ordinance No.13-S-30 amending the UDC, Article 11, Section 21.11.9.B. Wall Signs Maximum Area to add that ?Wall signs located on properties zoned Manufacturing District -Light (M-1); Manufacturing District - Heavy (M-2); and PDD (Planned Development District) with a base zoning of M-1 or M-2 and with a minimum primary façade elevation of 300 linear feet or greater may have the primary wall sign calculatedat 15% of the façade area or 250 square feet, whichever is less. Mayor Carpenter opened the public hearing and recognized Mrs. Maggie Titterington, Schertz Chamber of Commerce President who spoke in favor of this item. As no one else spoke, Mayor Carpenter closed the public hearing. Mayor and Council provided their comments, and staff answered questions. 08-20-2013 Minutes Page- 12 - Mayor Carpenter recognized Edwards, who moved, seconded by Mayor Pro-Tem Fowler, to The vote was unanimous with Mayor Pro- approve Ordinance No. 13-S-30 on first reading. Tem Fowler, Councilmembers Scagliola, Edwards, and Verinder voting yes and no one voting no. Councilmember Antuna was absent. Motion Carried. Ordinance No. 13-M-31 ? 6.Conduct a public hearing and consideration and/or action amending the Code of Ordinances, Part III, Unified Development Code, Article 13 ? Land Disturbing Activities and Drainage; repealing all Ordinances or parts of Ordinances in First conflict with this Ordinance; providing an effective date; and declaring an emergency. & FinalReading (B. James/L. Busch) The following was read into record: ORDINANCE NO. 13-M-31 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, PART III, UNIFIED DEVELOPMENT CODE, ARTICLE 13 ? LAND DISTURBING ACTIVITIES AND DRAINAGE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY Mayor Carpenter recognized Engineer-in-Training Larry Busch who introduced this item stating that at the regular April 16, 2013 meeting Council approved the amendments to the Schertz Code of Ordinances, Part III, Unified Development Code, Article 13 Land Disturbing Activities and Drainage on first and final reading of Ordinance 13-M-12. Since this time staff has found a few portions of the revised Schertz Code of Ordinances, Part III, Unified Development Code, Article 13 Land Disturbing Activities and Drainage that need to be revised so the standards discussed as part of the approval process are met and can be enforced. The Planning and Zoning Commission reviewed the changes proposed at their regular meeting of August 14, 2013 offered a recommendation of approval. Staff is recommending approval of an amendment to the Schertz Code of Ordinances, Part III, Unified Development Code, Article 13 ? Land Disturbing Activities and Drainage. Staff recommends approval of first and final reading of Ordinance 13-M-31. Mayor Carpenter opened the public hearing and recognized the following who spoke: Mr. Robert Brockman, 1000 Elbel Road, who asked a question, but it was in regard to the previous item. As no one else spoke, Mayor Carpenter closed the public hearing. Staff answered questions from Council. Mayor Carpenter recognized Councilmember Verinder, who moved, seconded by The Councilmember Edwards, to approve Ordinance No. 13-M-31 on first and final reading. vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Edwards, 08-20-2013 Minutes Page- 13 - and Verinder voting yes and no one voting no. Councilmember Antuna was absent. Motion Carried. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes for agenda items 1, 2, 5, and 6. Requests and Announcements 7. Announcements by City Manager Citizen Kudos Recognition of City employee actions New Departmental initiatives No further announcements provided. 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. 9. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Carpenter recognized Councilmember Scagliola who stated that last week we had a citizen talking about the car wash on FM 3009 and he wanted to know if staff has addressed the issue, and is it something that we need to put on a future agenda. Mayor Carpenter recognized Executive Director of Operations John Bierschwale who stated that staff is looking into the issue and looking at old ordinances. He stated that staff will be doing their due diligence in looking into this because it will impact several businesses. Councilmember Scagliola also asked what was the status of the $20 million dollar bonds from 2006 for street repairs and how much money is left over. Executive Director of Development Brian James stated that staff is still working to get this information to him. 10. 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 Mayor Carpenter recognized Mayor Pro-Tem Fowler who stated he attended the following: Tuesday, August 20, 201, attended the Schertz Chamber of Commerce luncheon 08-20-2013 Minutes Page- 14 - Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following: Friday, August 16, 2013, Senior Center Dance and Gala Saturday, August 17, 2013, Schertz Chamber of Commerce Schertz Idol event Tuesday, August 20, 2013, attended the Schertz Chamber of Commerce luncheon Mayor Carpenter recognized Councilmember Edwards who stated he attended the following: Friday, August 16, 2013, Senior Center Dance and Gala Saturday, August 17, 2013, Schertz Chamber of Commerce Schertz Idol event Tuesday, August 20, 2013, attended the Schertz Chamber of Commerce luncheon Mayor Carpenter recognized Councilmember Verinder who stated he attended the following: Thursday, August 15, 2013, Schertz Community Budget meeting Friday, August 16, 2013, Senior Center Dance and Gala Monday, August 19, 2013, attended the presentation by the City of West regarding their recent emergency response. Tuesday, August 20, 2013, attended the Schertz Chamber of Commerce luncheon. Mayor Carpenter stated he attended the following events: Friday, August 16, 2013, Senior Center Dance and Gala Saturday, August 17, 2013, attended a lunch ceremony at the John Paul II High School. Lastly, Mayor Carpenter showed ball caps that were provided to the Council from the Buffalo Valley Youth Association (BVYA), recognizing their recent Pony Shetland Pinto World Series event. Mayor Carpenter stated it was a fantastic event and gave kudos to BVYA and the accomplishments over the years. Executive Session Council did not meet in Executive Session. 11. Take any actiondeemed 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 8:45 p.m. __________________________________ Michael R. Carpenter, Mayor ATTEST: _________________________ City Secretary, Brenda Dennis 08-20-2013 Minutes Page- 15 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: August 27, 2013 Department: Development Services Subject: Ordinance No.13-S-30 ? Conduct a public hearing and consideration and/or action amending Part III, Schertz Code of Ordinances, Unified Development Code (UDC) Article 11 Signs & Advertising Final reading Devices ? (B. James/M. Sanchez) BACKGROUND Currently the UDC restricts the size of wall signs based on the category of street on which the building fronts. The categories are identified in Table 21.11.9 as Areas with Limited Access, Areas with Unlimited Access and All Other Streets. The UDC defines Limited Access Streets as being IH 35 and IH 10; Unlimited AccessStreets being all Farm-to-Market Roads and Schertz Parkway; and All Other Streets being local streets. Focus group meetings with business members of the Schertz Chamber, industry sign contractors and manufacturers to discuss all of Article 11 were held over the last several months. Comments were received from attendees of those focus group meetings and their requests and suggestions were considered by staff. A draft of the proposed changes was then presented to the Planning and Zoning Commission at their regular meeting of July 12 and their comments and suggestions were noted. Although staff intends on holding another meeting with the business members to give them another opportunity for additional comment, this agenda item is to consider an amendment to the size of wall signs for only industrial size buildings. Staff has become aware that the current restrictions posed a problem when applied to large scale industrial buildings like those that have more recently been constructed in the City. When the current standards for wall signs was written and adopted, these large industrial buildings were generally not present in the City. Additionally, the provision has created confusion for staff, business owners and sign contractors. While a large industrial building on IH 35 is allowed a sign that is up to 15% of the façade area or 250 square feet, whichever is less, a large industrial building within an industrial area that fronts on an internal street within an industrial area is restricted to a sign that is only 10% of the façade area or 80 square feet, whichever is less, even though the building is visible from IH 35. On August 14, 2013 the Planning and Zoning Commission conducted a public hearing and made a favorable recommendation to City Council to amend the Unified Development Code, Article 11, Section 21.11.9 to add an allowance for large industrial businesses in industrial districts to have a sign that is up to 15% of the façade area or 250 square feet, whichever is less, regardless of which category of street on which the building is located. The provisions would apply to wall signs located on properties zoned Manufacturing District-Light (M-1); Manufacturing District - Heavy (M-2); and PDD (Planned Development District) with a base zoning of M-1 or M-2 and with a minimum primary façade elevation of 300 linear feet or greater may have the primary wall sign calculatedat 15% of the façade area or 250 square feet, whichever is less. City Council approved this on first reading at their meeting of August 20, 2013. Current UDC regulation: Section 21.11.9 ? Wall Signs B. Maximum Area Table 21.11.9 Maximum Area of Wall Signs Areas with Limited Access 15% of the façade area or 250 square feet, whichever is less Areas with Unlimited Access 12% of the façade area or 125 square feet, whichever is less All Other Streets 10% of the façade area or 80 square feet, whichever is less Proposed UDC Amendment: Add the following note below the table: 1. Wall signs located on properties zoned Manufacturing District-Light (M-1); Manufacturing District - Heavy (M-2); and PDD (Planned Development District) with a base zoning of M-1 or M-2 and with a minimum primary façade elevation of 300 linear feet or greater may have the primary wall sign calculatedat 15% of the façade area or 250 square feet, whichever is less. Caterpillar, Salof (now owned by General Electric), Sysco, and Amazon.com are all located on local streets which fall into the All Other Streets category and despite the large building size would be limited to a primary wall sign that is no more than 80 square feet. Note that this restriction does not actually apply to Amazon.com as it is located within a PDD with different sign regulations. The current Sysco and Salof signs exceed the current size allowed due to confusion with permitting, but would comply with the 250 square foot restriction being proposed. Those signs seem in scale given the size of the buildings. Requiring a sign that is so out of scale with the building does more than negatively impact the aesthetic of the building, it can create unnecessary operational challenges and impact traffic. Having an appropriately scaled sign allows drivers to more easily identify the building they are looking for. This is especially important for larger industrial users that generate a significant amount of truck traffic. Goal To provide an amendment to Sign Article 11 to give large industrial businesses and buildings located within manufacturing districts and Planned Development Districts with the ability to have a larger sign with a maximum size of 250 square feet. Community Benefit The sign article is adopted to regulate the location, construction, duration, size, height, installation, and maintenance of all signs within the jurisdiction of the City, including its ETJ. It is intended to enhance property values, maintain aesthetic attractiveness, and promote commercial opportunity in the City, and further the objectives of the City?s Comprehensive Land Plan. This amendment will provide a market momentum for large industry businesses to have a suitably sized sign providing them the opportunity for improved identification. Summary of Recommended Action Review and approve Ordinance No.13-S-30 amending the UDC, Article 11, Section 21.11.9.B. Wall Signs Maximum Area to add that ?Wall signs located on properties zoned Manufacturing District -Light (M-1); Manufacturing District - Heavy (M-2); and PDD (Planned Development District) with a base zoning of M-1 or M-2 and with a minimum primary façade elevation of 300 linear feet or greater may have the primary wall sign calculatedat 15% of the façade area or 250 square feet, whichever is less. FISCAL IMPACT None. RECOMMENDATION Approve final reading of Ordinance No. 13-S-30 an Ordinance amending the Unified Development Code (UDC), Article 11, Section 21.11.9.B. ? Wall Signs Maximum Area as presented. ATTACHMENT Ordinance No. 13-S-30 Draft UDC Article 11, Incorporating the Proposed Changes to Section 21.11.9 Wall Signs ORDINANCE NO. 13-S-30 AMENDING PART III, SCHERTZ CODE OF ORDINANCES, ARTICLE 11 SECTION 21.11.9B OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF SCHERTZ, TEXAS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No. 10-S-06, the City of Schertz, Texas (the ?City?) adopted as Amended and Restated Unified Development Code on April 13, 2010, as further amended (the ?Current UDC?); and WHEREAS, City Staff and the Planning and Zoning Commission have recommended certain revisions to the current UDC; Article 11 Signs and Advertising Devices; Section 21.11.9.B. Wall Signs Maximum Area; and WHEREAS, all required notices have been made and all required public hearings have been held; and WHEREAS, the City Council has been presented with the proposed amendments and finds that they are appropriate and in the best interest of the citizens of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The current UDC Section 21.11.9.B. Wall Signs Maximum Area is hereby amended as follows: B.Maximum Area Table 21.11.9 Maximum Area of Wall Signs Areas with Limited Access 15% of the façade area or 250 square feet, whichever is less Areas with Unlimited Access 12% of the façade area or 125 square feet, whichever is less All Other Streets 10% of the façade area or 80 square feet, whichever is less 1. Wall signs located on properties zoned Manufacturing District-Light (M-1); Manufacturing District - Heavy (M-2); and PDD (Planned Development District) with a base zoning of M-1 or M-2 and with a minimum primary façade elevation of 300 linear feet or greater may have the primary wall sign calculatedat 15% of the façade area or 250 square feet, whichever is less. 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. th PASSED ON FIRST READING, the 20 day of August, 2013. PASSED, APPROVED and ADOPTED ON SECOND READING, the 27th day of August, 2013. CITY OF SCHERTZ, TEXAS _______________________________________ Mayor, Michael R. Carpenter ATTEST: _________________________________ City Secretary, Brenda Dennis (CITY SEAL) Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: August 27, 2013 Department: Development Services Subject: Resolution 13-R-67? First Amendmentto a Temporary License Agreement with Archer Western Construction, LLC BACKGROUND Goal To authorize amending the temporary license agreement with Archer Western Construction, LLC, (AWC) for the purpose of granting an extension to the agreement which is scheduled to expire August 31, 2013. The request for extension by AWC is to October 31, 2013. The agreement provides for the access to and use of City property located adjacent to Schertz Parkway and Buffalo Drive and behind the existing City ball fields and fronting Dietz Creek as a staging area for the construction of the Regional Carrizo Project Schertz Parkway Pump Station for San Antonio Water Systems (SAWS). As part of the granting of the extension, the agreement assesses a fee of $7,500.00 for the period from August 31, 2013 to October 31, 2013 and that for each day beyond October 31, 2013 a fee of $1,000.00 per day will be paid by AWC. The fee is necessary as the SAWS project delay results in a delay for the City?s contractor to begin construction at the Baseball Complex Site, which in turn results in increased costs for the baseball field project. The $7,500 to be paid by AWC will offset the City?s cost to the baseball contractor. Community Benefit To continue a working relationship with AWC and SAWS by providing the rights of access to and use of City property as a staging area for construction activities which serves a public purpose and is essential to facilitating the water tank project, while not increasing costs associated with the baseball field project. Summary of Recommended Action Staff recommends approval of Resolution No. 13-R-67 authorizing the City Manager to execute a first amendmentto an agreement with Archer Western Construction, LLC for the purpose of rights of access to and use of City property as a staging area for the construction of the San Antonio Water Systems (SAWS) water tank and related facilities FISCAL IMPACT By including the $7,500 charge to AWC, the increased costs to the baseball project are offset. If AWC is not off the site after October 31, the $1,000 per day charge is intended to offset further delay costs. RECOMMENDATION Approval of Resolution 13-R-67 ATTACHMENT(S) Resolution No. 13-R-67 First Amendment to a Temporary License Agreement (will be provided) RESOLUTION NO. 13-R-67 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A FIRST AMENDMENT TO A TEMPORARY LICENSE AGREEMENT FOR THE ACCESS TO AND USE OF CITY PROPERTY AS A STAGING AREA FOR THE CONSTRUCTION OF THE SAN ANTONIO WATER SYSTEMS (SAWS) WATER TANK AND RELATED FACILITIES AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the ?City?) has recommended that the City authorize a first amendment to an agreement with Archer Western Construction, LLC, to grant an extension to the Agreement until October 31, 2013. Said agreement relates to the access to and use of City property located adjacent to Schertz Parkway and Buffalo Drive and behind the existing City ball fields and fronting Dietz Creek for the construction of the San Antonio Water Systems (SAWS) Water Tank and Related Facilities; and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize a first amendment and grant an extension to the agreement with Archer Western Construction, LLC attached hereto as Exhibit A (the ?Agreement?). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1.The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Archer Western Construction, LLC in substantially the form set forth onExhibit 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. th PASSED AND ADOPTED, this 27 day of August, 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) EXHIBIT A FIRST AMENDMENT TOTEMPORARY LICENSE AGREEMENT A-1 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: August 27, 2013 Department: Parks, Recreation, and Community Services Department Subject:Ordinance No. 13-T-33 - Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing a budget adjustment to refund Parkland Dedication fees and Parkland Development fees to Three Developers that overpaid Parkland Dedication and Development fees specified by Resolution 08-R-09; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance First and Providing an effective date ? Reading BACKGROUND The Unified Development Code, Article 9 requires dedication of parkland for residential subdivisions, but it also provides the opportunity for the developer to request a fee in- lieu -of dedication or development of parkland. The fee established for parkland dedication prior to February 2008 was $225.00 per lot. In February of 2008 city staff recommended raising the Parkland Dedication Fee from $225.00 per lot to $350.00 per lot and proposed adopting a Parkland Development fee of $650.00 per lot (total fee being $1,000 per lot). City Council reviewed and approved the increase of these fees by Resolution 08-R-09 adopted February 19, 2008. Parkland Dedication Fees are paid prior recordation of the final plat, but per Chapter 245 of the Texas Local Government Code, the City should consider the approval of plats generally based on the open space and parkland dedication requirements in place at the time the plat application is filed. Several subdivision plats were under review by staff when the fee was increased, having been filed with the City prior to the fee change in 2008. These projects should have been required to comply with the Parkland Dedication requirements that were in place when they submitted a preliminary plat. As such, these developments should have paid the old fee in-lieu-of dedication of $225.00 per lot. Further, the newly established parkland development fee should not have been charged. These subdivisions included Kramer Farms Unit 3A and Unit 3B; The Links at Scenic Hills Unit 3; and Laura Heights, Unit 3 and Unit 4. The City inadvertently charged the developers of these subdivisions the new Parkland Dedication and Development fees of $1000.00 per lot resulting in an overcharge of $189,650.00. Because each of these subdivisions were submitted prior to the adoption of Resolution 08-R-09 the amount collected beyond the City Council Memorandum Page 2 $225.00 per lot needs to be refunded. Funds for reimbursement are currently available in the Parks Fund 317. Goal Request approval of a Budget Transfer of Parkland Dedication and Development fees and the remittance of these fees to the individual developers of Kramer Farms, Units 3A and 3B; The Links at Scenic Hills Unit 3; and Laura Heights, Units 3 and 4. Community Benefit Reimburse the Parkland Dedication Fes charged in error. Summary of Recommended Action Recommend approval of this Ordinance No. 13-T-33authorizing a budget adjustment for the refund of fees associated with an overcharge in Parkland Dedication and Development fees in the amount of $189,650.00. FISCAL IMPACT The City of Schertz will remit $80,375.00 to Pulte Homes; $71,300.00 to KB Homes; and $37,975.00 to HLH Development totaling $189,650.00 from Park Fund 317. RECOMMENDATION Recommend approval of Ordinance No. 13-T-33 for the remittance of funds totaling $189,650.00 to developers charged for Parkland Dedication and Development fees as presented. ATTACHMENTS Ordinance No. 13-T-33 Pro Forma Spreadsheet of the overcharge and repayment of the fees to each respective developer. ORDINANCE NO. 13-T-33 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO REFUND PARKLAND DEDICATION FEES AND PARKLAND DEVELOPMENT FEES TO THREE DEVELOPERS THAT OVERPAID PARKLAND DEDICATION AND DEVELOPMENT FEES SPECIFIED BY RESOLUTION 08-R-09; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Resolution 08-R-09, the City overcharged Parkland Dedication and Parkland Development fees to three developers at the time of preliminary subdivision plat submittal of Kramer Farms Unit 3A and Unit 3B; The Links at Scenic Hills Unit 3; and Laura Heights Unit 3 and Unit 4; and WHEREAS, the City Council has authorized the return of Parkland Dedication and Parkland Development fees assessed from the Parkland Dedication Fund 317 in the total amount of $189,650.00 as shown in Exhibit A, attached hereto; and WHEREAS, City staff recommends that the City Council authorize remittance of the fees overcharged for Parkland Dedication and Parkland Development in the specific amount of $80,375.00 to Pulte Homes; $71,300.00 to KB Homes; and , $37,975.00 to HLH Development from the Parkland Dedication Fund 317; and WHEREAS, the City Council has determined that it is in the best interest of the City to adjust the Budget and approve a refund for overpayment of Parkland Dedication and Parkland Development fees from the Parkland Dedication Fund to Pulte Homes, KB Homes and HLH Development as 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 transfer $189,650.00 from the Parkland Dedication Fund 317 reserves for payment of a refund to Pulte Homes in the amount of 80,375.00; to KB Homes in the amount of $71,300.00 and to HLH Development in the amount of $37,975.00. 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 27th day of August, 2013. PASSED, APPROVED and ADOPTED ON SECOND READING, the ____ day of _____________, 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) - 2 - 50558021.1 Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: August 27, 2013 Department: Finance Subject:Public Hearing ? Fiscal Year 2013-014 Budget and First Reading of Ordinance No. 13-T-34 BACKGROUND In accordance with applicable statutes and the City Charter, the City Manager submitted a budget proposal to the City Council for consideration. The City Council will hold the second public hearing on August 27, 2013 on the proposed FY 2013-14 budget, including the budget of the Schertz Economic Development Corporation. The first required public hearing was conducted at the August 20, 2013 regular session. Council will vote to adopt the proposed City FY 2013-14 budget at the next regularly scheduled Council meeting on September 3, 2013 at 6:00 P.M. in the City Council Chambers. FISCAL IMPACT General Fund $22,618,597 Special Events Fund $ 147,100 PEG Fund $ 361,500 Water & Sewer Fund $19,015,038 EMS Fund $ 6,833,405 Drainage Fund $ 1,039,006 Hotel Tax Fund $ 508,288 Park Fund $ 40,000 Tree Mitigation $ 139,525 Capital Recovery Fund $ 2,326,109 Tax I&S Fund $ 5,596,775 Historical Committee $ 5,650 Parks & Recreation Foundation $ 275,250 SEDC$ 3,074,554 Total$61,980,797 RECOMMENDATION Staff recommends that the Mayor open the public hearing, take comments, close the public hearing. Staff further recommends that the City Council approve first reading of Ordinance No. 13-T-34, adopting the budget for the fiscal year beginning October 1, 2013 and ending September 30, 2014. ATTACHMENT Ordinance No. 13-T-34 ORDINANCE NO. 13-T-34 AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013,AND ENDING SEPTEMBER 30, 2014, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF SCHERTZ, TEXAS; PROVIDING FOR THE FILING OF THE BUDGET; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Schertz is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Manager of the City of Schertz submitted a budget proposal to the City Council prior to the beginning of the fiscal year, and in said budget proposal set forth the estimated revenues and expenditures and made the detailed classification as required by the City Charter of the City of Schertz, Texas; and WHEREAS, the City Council finds that all provisions pertaining to the adoption of a budget contained in the City Charter have been in all things complied with; and WHEREAS, a Public Hearing was held by the City Council of the City of Schertz, Texas on the 20th day of August, 2013 and on the 27th day of August , 2013; and WHEREAS, after a full and final consideration, the City Council is of the opinion that the budget should be approved and adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: SECTION 1. The budget of the Expenditures of the City of Schertz for the ensuing Fiscal Year beginning October 1, 2013 and ending September 30, 2014, as modified by the City Council, be, and the same is, in all things, adopted and approved as the said City of Schertz budget for the Fiscal Year beginning the first day of October, 2013, and ending the thirtieth day of September, 2014. SECTION 2. The sums below are hereby appropriated from the respective funds for the payment of expenditures on behalf of the City government as established in the approved budget document: 2011-2012 Budget General Fund $22,618,597 Special Events Fund $ 147,100 PEG Fund $ 361,500 Water & Sewer Fund $19,015,038 EMS Fund $ 6,833,405 Drainage Fund $ 1,039,006 Hotel Tax Fund $ 508,288 Park Fund $ 40,000 Tree Mitigation $ 139,525 Capital Recovery Fund $ 2,326,109 Tax I&S Fund $ 5,596,775 Historical Committee $ 5,650 Parks & Recreation Foundation $ 275,250 SEDC$ 3,074,554 Total$61,980,797 SECTION 3. A true and correct copy of this ordinance along with the approved budget attached hereto, and any amendments thereto, shall be filed with the City Secretary. In addition, the City Manager is hereby directed to file or cause to be filed a true and correct copy of this ordinance along with the approved budget attached hereto, and any amendments thereto, in the office of the County Clerk of Guadalupe, Comal and Bexar Counties, Texas, as required by law. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Schertz, Texas (2006), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. This ordinance shall be in full force and effect from and after its final passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING THIS 27th DAY OF AUGUST 2013. ___________________________ Michael R. Carpenter, Mayor ATTEST: _____________________________ Brenda Dennis, City Secretary PASSED AND APPROVED ON SECOND READING THIS _____ DAY OF _________ 2013. ___________________________ Michael R. Carpenter, Mayor ATTEST: _____________________________ Brenda Dennis, City Secretary APPROVED AS TO FORM AND LEGALITY: ___________________________________ City Attorney Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: August 27, 2013 Department: Finance Subject:Public Hearing and First Reading of Ordinance No. 13-T-35- FY 2013-14 Tax Rate BACKGROUND In accordance with Chapter 26 of the Texas Tax Code the City Council must hold two (2) public hearings on a proposed tax rate. At the August 6, 2013 regular session the City Council, by record vote, established a proposed preliminary maximum tax rate of $0.4999 per $100 of value. The proposed rate is not subject to rollback. This is the second and final public hearing. The first required public hearing was conducted at the August 20, 2013, regular session. FISCAL IMPACT The Property Tax Rate is $0.4999 per $100 valuation. The M&O portion of the tax rate will be set at $0.3035 per $100 valuation. The I&S portion will decrease from $0.2006 to $0.1964. RECOMMENDATION Staff recommends that the City Council approve Ordinance No. 13-T-35 approving the Fiscal Year 2013-14 Proposed Tax Rate on first reading. The motion is ?I move that property taxes be remain the same by the adoption of a tax rate of $0.4999 and adoption of an ordinance adopting the 2013 tax rate?. Further Staff recommends the Mayor announce that the vote adopting the tax rate will take place on September 3, 2013 at 6 P.M. in the City Council Chambers. ATTACHMENT Ordinance No. 13-T-35 ORDINANCE NO. 13-T-35 AN ORDINANCE APPROVING THE APPRAISAL ROLL; SETTING THE TAX RATE; LEVYING AND ASSESSING GENERAL AND SPECIAL AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SCHERTZ, TEXAS; APPORTIONING THE LEVIES FOR SPECIFIC PURPOSES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Schertz submitted a tax rate proposal to the City Council prior to the beginning of the fiscal year, and in said tax rate proposal set forth the estimated necessary tax rate required to provide adequate revenues for the general use and support of the Municipal Government of the City of Schertz Texas; and WHEREAS, the City Council finds that all provisions pertaining to the adoption of an ad valorem tax rate have been in all things complied with; and th WHEREAS, a Public hearing was held by the City Council of the City of Schertz on the 20 th day of August, 2013 and a second Public Hearing was held on the 27 day of August 2013; and WHEREAS, after a full and final consideration, the City Council is of the opinion that the tax rate and ad valorem tax appraisal roll should be approved and adopted; and WHEREAS , the taxes have been levied in accordance with the adopted 2013-14 budget as ; required by state law NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: SECTION 1. The ad valorem tax appraisal roll and effective tax rate information as presented by the tax assessor for the tax year 2013, be and is hereby in all things approved and adopted. SECTION 2. This tax rate will raise more taxes for Maintenance and Operations than last year?s tax rate. SECTION 3. This tax rate will raise taxes for Maintenance and Operations on a $164,748 Home by approximately $6.92. SECTION 4. There is hereby levied and assessed and there shall be collected for the tax year 2013 for the general use and support of the Municipal Government of the City of Schertz, Texas a total ad valorem tax of Forty-Nine Ninety-Nine Cents ($0.4999) on each One Hundred Dollars ($100.00) of valuation of property ? real and personal ? within the corporate limits of the City of Schertz, Texas, subject to taxation. The assessment ratio shall be One Hundred percent (100%). SECTION 5. The City Council of the City of Schertz, Texas, does hereby levy or adopt the tax rate on $100.00 valuation for this city for tax year 2013 as follows: 1. 0.3035for the purpose of maintenance and operation 1.0.1964 for the payment of principal and interest on debt 2.0.4999 total tax rate SECTION 6. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of the ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. SECTION 8. Ad valorem taxes for the year are due and payable on October 1, 2013 and shall become delinquent after January 31, 2014. A delinquent tax shall incur all penalty and interest authorized by state law, Section 33.01 of the Property Tax Code. Taxes that remain delinquent on and after July 1, 2014, incur an additional penalty of 15% of the amount of the taxes, penalty and interest due, such additional penalty to defray the cost of collection as authorized in Section 6.30 of the Property Tax Code. The City shall have available all rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. SECTION 9. Taxes are payable at the office of the counties of Comal, Bexar and Guadalupe. PASSED AND APPROVED ON FIRST READING THIS 27th DAY OF AUGUST 2013. ___________________________ Michael R. Carpenter, Mayor ATTEST: _____________________________ Brenda Dennis, City Secretary PASSED AND APPROVED ON SECOND READING THIS ______ DAY OF _________ 2013. ____________________________ Michael R. Carpenter, Mayor ATTEST: ____________________________ Brenda Dennis, City Secretary Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: August 27, 2013 Department: City Secretary Subject:Boards, Committees, and Commission appointments/reappointments and Resignations BACKGROUND The City has received a resignation from Mrs. Patti Lovelady of the Library Board. FISCAL IMPACT None RECOMMENDATION Staff recommends Council ratify the resignation of Patti Lovelady from the Library Board. Attachments Patti Lovelady resignation